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12-10-91 Regular . .... . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - DECEMBER 10, 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 hisjher discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who become boisterous while addressing the Commission shall be barred · , City Commission Meeting 12/10/91 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. - 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. S. Approval of Regular Meeting minutes of None. 6. Proclamations: None. 7. Presentations: A. Sea Turtles. 8. Consent Agenda: City Manager recommends approval. A. TEMPORARY TENT PERMIT: Approve a request from Delray Mazda to erect a tent at 2001 S. Federal Highway from January 3, 1992 through January 5, 1992. B. RATIFICATION OF STOCK TRANSFER/FLAMINGO CABANAS , INC. : Ratify the transfer of stock by Flamingo Cabanas, Inc. C. TEMPORARY CANOPY PERMIT/USE OF MUNICIPAL PARKING LOT: Approve a request from Howard Alan to erect canopies in the parking lots adjacent to Atlantic Plaza and Veteran's Park from January 11, 1992 through January 12, 1992 in conjunction with the annual Downtown Delray Beach Festival of the Arts. D. CHANGE ORDER NO. 1/MAN CON, INC: Approve Change Order No. 1 to the contract to Man Con, Inc. which reduces the contract price by $72,912.46 to accommodate adjustments for site conditions and as-built quantities. -2- . . · City Commission Meeting 12/10/91 E. AWARD OF BIDS AND CONTRACTS: 1. Uniform Rental - Cadillac Uniform Supply in the estimated annual amount of $19,800 with funding from various departmental budgets. 9 . Regular Agenda: r=Z! REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS '-loARDS, Consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 27, 1991 through December 9, 1991. ~ REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request ~om Jay D. Tormey for conditional use approval to locate a family recreational business (Whirly Ball) in the Congress Square Shopping Center. 12:. REQUEST FOR SPECIAL EVENT PERMIT: Consider a request from ~randy' s Cafe for a special event permit and to place tables and chairs wi thin the City's right-of-way along Canal Street from December 13, 1991 through December 14, 1991 during the Boat and Street parades. City Manager recommends approval subject to conditions. Æ0 BANKER'S ROW REDEVELOPMENT AGREEMENT: Consider a tri-partite ~reement with regard to the redevelopment of Banker's Row. City Manager recommends approval. ~ REQUEST FOR FUNDING/EDUCATION BOARD: Consider a request from ~e Education Board for funding in the amount of $2,000 in support of the Annual Education Expo to be held in the Delray Mall during the Spring of 1992. City Manager recommends approval. M ADDENDUM NO. 3 TO THE GOLF COURSE MANAGEMENT CONTRACT: LÄþ"prove Addendum No. 3 to the Golf Course Management contract which provides for the payment of a performance bonus to Dubin and Associates and approve the bonus amount of $2,500. City Manager recommends approval. ~ WATER AND SEWER IMPROVEMENT/FORMER ENCLAVES: Approve the l;¿ard of bid for water and sewer improvements in former enclave areas located- on Germantown Road, Lake Ida Road and North Federal Highway to Man-Con, Inc. (Lake Ida Road and Germantown Road) in the amount of $1,564,306.20 and Gateway Construction (North Federal Highway) in the amount of $1,238,905; and, approve a budget transfer in the amount of $328,476.20. ~~ SERVICE AUTHORIZATION NO. 3/ECKLER ENGINEERING: Approve ~rvice Authorization No.3, in the amount of $16,411.10, to the contract with Eckler Engineering to design a new pump station and reroute the gravity collection system from Lift Station #86 -3- · City Commission Meeting 12/10/91 to a new site which will accommodate the new middle school proposed for the northeast corner of the intersection of Atlantic Avenue and Barwick Road. City Manager recommends approval. ~ SERVICE AUTHORIZATION NO. 7/HAZEN AND SAWYER: Approve rvice Authorization No. 7, in the amount of $93,000 for design, bidding services, construction services and other services necessary to design water distribution and sani tary 1 sewer systems in former enclave areas (Gulf Stream~~~;: . Seacrest Subd~vision, Sudan - Unit A, Si~ver Terrace Homewoo~~ Park, Lake Helghts, and Del Raton Park. Clty Manager re approval. é]¿ AWARD OF BID/TENNIS COURT LIGHTING, Award the bid for the ennis Court Lighting project to American Lighting Maintenance (not low bidder) in the amount of $67,679 with funding from 1987 Utility Tax/Tennis Center Capital Outlay Improvements-Other (Account No. 333-4145-572-60.69). City Manager recommends approval. City Manager recommends approval. ~/PALM BEACH COUNTYWIDE PLANNING COUNCIL: ~ Consider Resolution No. 99-91: A Resolution olishing the Palm Beach Countywide Planning Council; or, 2. Consider Resolution No. 100-91: A Resolution calling for the Palm Beach County Board of County Commissioners to pursue a program for a countywide planning program, but only after due deliberation with other affected entitites, including municipal interests; or, 3. Consider Resolution No. 101-91: A Resolution supporting the continuance of the current Palm Beach Countywide Planning Council. ~ OFFER OF JUDGMENT: Consider an offer of judgment in the unt of $85,000 to settle Procacci Development Corporation v. City of Delray Beach. M. RESOLUTION NO. 102-91: A Resolution extending the sunset date and expanding the membership and scope of responsibility of the Neighborhoods Task Team. N. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three regular members to the Code Enforcement Board to fill the expiring terms of Joel Port (Engineer position) , Susan Gracy (Architect position) and Perry DonFrancisco (Businessperson posi tion) . O. CHANGE ORDER NO. l/ARZ BUILDERS, INC: Consider Change Order No. 1 to the contract with ARZ Builders, Inc. in the amount of $80,685 to construct a positive drainage system for Pineapple -4- ~ City Commission Meeting 12/10/91 Grove Way and extend the contract completion date by. 45 days to accommodate the additional work. 10. Public Hearings: A. APPROVAL OF AGREEMENT/TRANSFER OF TITLE CITY-OWNED PROPERTY: Approve the agreement with, and the transfer of title for a City-owned lot to Habitat for Humanity for the development of low to moderate income single-family residences. City Manager recommends approval. B. ORDINANCE NO. 87-91: An ordinance amending the Land Development Regulation to provide parking restrictions for trucks in the R-1A (Single Family residential) zone district. City Manager recommends continuance. C. ORDINANCE NO. 88-91: An ordinance rezoning Lots 23-28, Block 5, Southridge Subdivision from R-1A (Single Family Residential) to RM (Medium Density Residential) zone district. Planning and Zoning Board recommends approval (3-2 vote) subject to conditions. City Manager recommends continuance. D. ORDINANCE NO. 89-91: An ordinance rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres Plat) from PC (Planned Commercial) zone district to GC (General Commercial) and AC (Automotive Commercial) zone districts, in part. Planning and Zoning Board recommends approval subject to conditions. I. REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to establi sh a specialized service shop (Tire Kingdom store) on the southwest corner of the F.E.C. Railroad and Linton Boulevard (D.B.O. Acres plat). II. Comments and Inquiries on Non-Agenda Items for the Public - Immediately following Public Hearings: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Manager C. City Attorney -5- 1·'1 CITY COMMISSION DOCUMENTATION TO: David Harden, City Manager tit (tJ,Jt/ FROM: John Walker, Project Coordinator ~~ DATE: December 3, 1991 SUBJECT: SUMMARY OF 1991 SEA TURTLE CONSERVATION PROGRAM Meeting of December 10, 1991 ACTION REQUESTED OF THE COMMISSION: No action is requested of the Commission. This is a short overview of the results of the 1991 Sea Turtle Conservation Program. BACKGROUND: Monitoring of marine turtle nesting and hatching activity took place from April 20th through the end of September this year. A record 253 turtles nested in Delray Beach with a high degree of hatching success. No reports were received of hatchling disorientations or loses. Such a publicly quiet season belies the hard work going on, so a summary of activities is appropriate. This presentation will address: - Threats to marine turtles - City response to these threats - Project methodology - Results of the season RECOMMENDED ACTION: No action is necessary by the Commission. JW/lh c: David Kovacs JW/#S/TURTLE1.TXT Ylc4 ~- ~fn.JM~ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 10, 1991 REQUEST FOR TEMPORARY TENT PERMIT DATE: December 6, 1991 We have received a request for a temporary tent permit from Delray Mazda to erect a tent on their property at 2001 S. Federal Highway from January 3, 1992 through January 5, 1992. Delray Mazda, in conjunction with WKGR-FM Radio, would like to hold a "Hand-a-thon" promotion, wherein pre-selected people place their hands on a new car until only one person is left with their hand on the automobile, which they win. This activity will be held under the tent. Food will also be served. The necessary permits have been applied for and approved. Delray Mazda is also requesting permission to use a 2S-foot cold-air inflatable sign to advertise the event. This action is prohibited under LDR Section 4.6.7 (D) . Recommend approval of the request from Delray Mazda to erect a tent on their property at 2001 S. Federal Highway from January 3, 1992 through January 5, 1992; and, denial of the request to erect a 2S-foot cold-air inflatable sign. ""'1 . . . . , Agenda I tern No.: AGENDA REQUEST Date: 12/3/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 12/10/91 Description of abenda item (who, what, where, how much): Tent approval for elray Mpzda for Hand-A-Thon promotion 2001 S Federal Highway January 3-5, 1992 ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~ ~ ~'::- Determination of Consistency with compreb~sive 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: ég,/ NO tívÎ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved M'EMO /;,/:J/q¡1lj) .... '.. .. From 't i , ! CITY MANAGER'S OFFICE Ti I ~ To: ~L Jl;j¿t~ Date: /2-(0-/9 / .¡ . ./ j 1 ,~. ~ I 'il \ 'I _-'r: l/ C~.-r<- (~'tt,\f,,,\ -tl~¿\f f'1--iL- ILlle é~ .~ / r ' .~',. , + . · . 'J , 'I } ." , :1 · . ¡. 1 .~ · ) , í " j ., [, ~ >\:' .õ · f I · ,¡ " ~... .. . a. t-. . ~ <"'~'.)r.~~.______~. , , f t f ¡ · , ·i · ) ~ ~ " \ ¡i .~, , ." t ·1 , . · ~. , · I .' · · :~ , 1 ; I , i 1 · .,. :! · MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ø FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT .. RE: TENT APPROVAL REQUEST FROM DELRAY MAZDA FOR JANUARY ~ = 5, 1992 - - DATE: DECEMBER 3, 1991 ITEM BEFORE THE COMMISSION: - - Request from Delray Mazda to erect a tent at 2001 S. Federal Highway for promotional purposes from January 3-5, 1992. BACKGROUND: Delray Mazda, in conjunction with radio station WKGR-FM, would like to hold a "Hand-a-thon" promotion, wherein pre-selected people place their hands on a new car (1992 Mazda MX-3) until only one person is left with their hand on the automobile, which they win. This activity will be held under the tent and food will also be served. Delray Mazda is also requesting approval of a 2S-foot cold-air, inflatable sign which is considered a balloon and is prohibited under Section 4.6.7(D) of the approved LDR's. LDR Section 2.4.6 (H) provides for City Commission approval to erect a tent prior to a permit being issued by the Building Official. The erection of this tent is permitted since the purpose is to protect the public from the elements during public assembly according to Section 2.4.6 (3) (a). The necessary permits have been applied for and approved. RECOMMENDATION: The Department of Community Improvement recommends approval of the erection of the temporary tent, and denial of the request for a 2S-foot, cold-air inflatable sign for Delray Mazda from January 3rd through the 5th, 1992 at 2001 S. Federal Highway, as specified on the site plan for promotional purposes. LB:DQ d11 Tent.Maz I~q It~, ! Hawthorne Advertising .({ 11 t ....¿ ". '...'"' #.,~ ' .- .!'.'./I V ìC... n ".. ': J f.J ¡: (1 .&~ '--va C¡ly 1991 fVtAN4 ...- November 27, 1991 . &tR'S' ~ OFFtC[ Mr. David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: This letter is submitted on behalf of our client, Delray Mazda, located at 2001 South Federal Highway in Delray Beach. Delray Mazda would like to hold a sales promotion on January 3-5, 1992. We ask to be scheduled on the next City Commission agenda to obtain permission for the event. The promotion, in conjunction with radio station WKGR-FM, is known as a "Hand-a-thon", wherein pre-selected people place their hands on a new car until only one person is left with their hand on the automobile. This person wins the car (a 1992 Mazda MX-3). Complete contest rules will be available at the radio station. The Hand-a-thon will be held in a tent on Delray Mazda's property (site plan attached). The following details are supplied in accordance with tent permit requirements: -30 x 30 tent made of fireproof vinyl materials -One 110 outlet, and one string of 6 lights (25 watts) -4 Port-o-Iet sanitary facilities -25 foot cold-air inflatable sign -Food will be provided (type not yet determined) -Radio remote broadcast from site -100 people estimated to attend -Parking provided on site (Cont.) · It~' ! Page Two Mr. David Harden November 27, 1991 Please call if you require any further information. Thank you for your prompt consideration of this request. Sincerely, ;¡Ww¡~ Lorry Harrison Account Executive LHlllb Attachment . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS , FROM: CITY MANAGER L'tv SUBJECT: AGENDA ITEM #-. - MEETING OF DECEMBER 10, 1991 RATIFICATION OF STOCK TRANSFER/FLAMINGO CABANAS, INC. DATE: December 6, 1991 We have received notification from the attorney representing Flamingo Cabanas, Inc. that there will be a transfer of that company's stock. The City's agreement with Flamingo Cabanas, Inc. does not include a provision wherein the transfer of stock in the corporation requires City consent. However, it was deemed to be in the best interest of all parties concerned, to have Commission consent prior to such transfer. The owner's representative has been asked to provide the Commission with additional background as to who the proposed new investor is. That information will be provided prior to your Tuesday evening meeting. Recommend ratification of the transfer of stock for Flamingo Cabanas, Inc. 1 . . j " . [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSII\IlLE 407/278-4755 Writer's Direct Line (407) 243-7092 MEMOR.Þ.NDUM Date: November 27, 19-91 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Flamingo Cabanas, Inc. Attached please find a copy of a letter from Mark Krall to ¡ myself concerning the fact that the Flamingo Cabanas, Inc. , stock will be transferred. The agreement with Flamingo Cabanas, Inc. to rent cabanas on the beach does not include a provision that exists in some of our other agreements wherein the transfer of stock in a corporation requires the City's consent. Nonetheless, Mr. Krall, on behalf of his clients, felt it was in everyone's best interest to explain the transfer of stock to the City Commission and see if there was any obj ectiÒÌt--by the Commission to such transfer. I am therefore requesting that this matter be placed on· ,the-:¡December 10, 1991 City Commission consent agenda for Commission's concurrence in the transfer of stock. By copy of this memorandum to Mark Krall, I am requesting that he provide the City with a brief additional background as to who the proposed new investor in the business is so that the Commission will have that information before them prior to the December 10, 1991 meeting. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK:sh ~(§11 Attachment cc: David Harden, City Manager Joseph Weldon, Director of Parks and Recreation flamingo.txt . I ,. LAW OFFICES LISTICK Be KRALL. P.A. 818 E. ATLANTIC AVENUE . I DELRAY BEACH. FLORIDA 33483 14071 278-7424 MICHAEL .... I..ISTICK 428'0343 (BIOOWAIODI MARK L. KRALL 81111-71137 (PALM BO:"CHI 278'&11011 <TO:Lo:co"'O:IOI 0,. COUNSE&.. M'CHAI:L 5. STIEINIEIII November 21, 1991 / ! Jeffrey S. Kurtz, Esq. city Attorney 200 N. W. First Avenue Delray BeaGh, Florida 33444 Re: Flamingo Cabanas, Inc. Dear Jeff: This letter will confirm our telephone conversation of last week wherein we discussed the sale of a portion of the stock in Flamingo Cabanas, Inc. which is the licensee in the rental lease agreement pertaining to the lease of cabana equipment on the beach. As previously explained to you, Flamingo Cabanas, Inc. was previously owned by Carlos and Kim Sierra, each of whom owned 50% of the stock in the corporation. Carlos and Kim were recently divorced in-Broward County, Florida, and they subsequently decided that it would be in the best interests of the business if one of them were~ìo sellout his or her interest. since each of them was unable to buy the other out, Kim~was able to find an investor who was willing to pay a fair market value for Kim's 50% interest in the corporation. As previously discussed the original contract between the City and Flamingo Cabanas, Inc. provides for the following under "Miscellaneous Provisions": "The successful vendor may not subcontract, transfer or assign any portion of the contract· except wi th the express approval of the City Commission of the city of Delray Beach."  ~ , . . , 4 ç Jeffrey S. Kurtz, Esq. . November 21, 1991 Page 2 Due to the language referenced above, we both more or less reached the conclusion that although Flamingo Cabanas, Inc. could clearly not transfer or assign the license agreement, they could conduct internal stock transactions within Flamingo Cabanas, Inc. without the approval of the City. .- .".1:"-- _ Notwithstanding the conclusion-referenced above, I thought it would be in the best interests· of all concerned if wawerc .to, as a courtesy, advise the City of the transaction referenced above so that there would be no misunderstanding or confusion in the future should this transaction ever come to anyone's attention for whatever reason. It is my understanding that Flamingo Cabanas, Inc. will continue to operate "business as usual" and that there will be no change in the prompt and courteous service that Flamingo Cabanas, Inc. has provided in the past to both the City and beachgoers who utilize the cabana equipment on the beach. In the event you feel it would be appropriate to place this item on the consent agenda for the next City commission meeting so as to accomplish formal notice to the City, please be advised that I would have no objection to the same and that I would be available to answer any questions if the need were to arise. As always, your assistanc;-ànd cooperation is greatly appreciated. Very truly yours, KRALL MLK: cl -- . . MEMORANDUM ---- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'7"/) SUBJECT: AGENDA ITEM # gc.. - MEETING OF DECEMBER 10, 1991 TEMPORARY CANOPY PERMIT/USE OF MUNICIPAL PARKING LOT DATE: December 6, 1991 We have received a request from Howard Alan to erect temporary canopies in the parking lots adjacent to Atlantic Plaza and Veteran's Park from January 11, 1992 through January 12, 1992 in conjunction with the annual Downtown Delray Festival of the Arts. The Downtown Delray Festival of the Arts is a two day, open air event. Festival goers will enjoy the work of over 150 of the nation's finest artists and contemporary craftspeople, as well as, food being provided by the local restaurants and cafes located in Atlantic Plaza. The Commission has previously approved events of this nature. The canopies will be erected in the parking lots at Atlantic Plaza and Veteran's Park. The organizers have provided with City with the required liability insurance. Recommend approval of the request from Howard Alan to erect temporary canopies in the Municipal Parking lot adjacent to Atlantic Plaza and Veteran's Park from January 11, 1992 through January 12, 1992 in conjunction with the Downtown Delray Festival of the Arts. I~q . . . Agenda Item No.: AGENDA REQUEST Date: 12/5/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 12/10/91 Description of agenda item (who. what, where, how much): 3rd Annual Downtown Delray Festival of the Arts January 11-12. 1992 Erection of temDorary canoDies ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~~~-------- 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: c!§) NO rÎ~ } Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,."" . . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~ SUBJECT: FESTIVAL OF THE ARTS --- DATE: DECEMBER 6, 1991 ITEM BEFORE THE COMMISSION: - - Request Commission approval for the 3rd Annual Downtown Delray Festival of the Arts to be held at Atlantic Plaza from Saturday, January llth through Sunday, January 12, 1992. The festival will utilize the City's municipal parking lot at Veteran's Park and the erection of temporary canopies. BACKGROUND: Commission approval is required for this special event pursuant to Section 2.4.6 (H) of the Land Development Regulations to allow the erection of the temporary canopies, which will be installed in the parking lots at Atlantic Plaza and Veteran's Park. The Commission has approved this event for the past two years. The organizers of this event have provided the City with a $1 million liability insurance policy. RECOMMENDATION: The Department of Community Improvement recommends that the City Commission grant permission to erect temporary canopies beginning January 11th through January 12, 1992 for the 3rd Annual Downtown Delray Festival of the Arts. LB:DQ dll Festival. CC '''''1 J i . .... ~ ., ì '; ~{ ¡ , 1 Festival of the Arts , Qøcember 5, 1991 Mr. Hardin City Manager J City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Hardin: On be~al~ of Mr. Sandy Simon and the Atlantic Plaza Merchants Assoclatl0n, we are proud to b~ producing the 3rd Annual Downtown Delray Festival of th~ Arts. The 3rd Annual Downtown Delray 'Festival of the Arts is scheduled for Saturday, January 11 through Sunday, January 12, 1992. The event runs daily. from 10 am to 5 pm and is free to the public. : , , This two day open air festival will be held at Atlantic Plaza, the canopies will be Iodated within the parking lot, which includes ·the municipal lot along the eastern most side of Atlantic Plaza. The two restaurants located in Atlantic Plaza will be serving \ food from their restaurants. ~ . Festival goers will enjoy the wprk of over 150 of the nation's finest artists and contemporary craftspeople, as well as, food being provided by the local restaurants and cafes. We will be using Atlantic Plaza's permanent signage at the Northeast corner of Atlantic Plaza on Atlantic Avenue. Also included, is a one million dollar liability policy with the City of Delray Beach as the Certificate Holder and also as the additional insured. 305·472·3755 · FAX: 305·472·3891 1801 N. Pine Island Roaµ · Suite #101 · Plantation, FL 33322 i ,- . r~ . Page 2-- city of Delray After three years of producing the Downtown Delray Festival of the Arts, we feel that the event has the potential to grow bigger and stronger as it matures, drawing more and more people to the Downtown De1ray area. Thank you for your assistance in insuring the success of this great cultural and community event. If you should have any further questions regarding the above mentioned, please feel free to contact me at (305) 472-3755. , Promotions, Inc. .--, . - \ . .- ~ . "------. - - -.- - -.----------------------------- --..--------------------------------------- · : ISSL~ DATE (MM/DD/~{) : ... r, .. . I . ." : __ ; : C E R T I F I CAT E 0 FIN SUR A N C E : :: 11/26/91 : :==============================================;======================: : PROOIX:ER :THIS CERTIFICATE IS ISSUED AS A HATTER Å’' INFORHATICN CNLY AND CCJ'JFERS: : :NO RIGHTS UPON TI£ CERTIFICATE H:lLDER. THIS CERTIFICATI:: DOES NOT : : SE1Nat BYER BOGOAt.[ FF, INC. :Al-ENO, E)(1'E!Ð at AL TI::R TI-£ COVERAGE AFFÅ“OED B't TI-£ POLICIES SELGI : : 1137 SOlIrH UNIW.RSITY DRIVE :---_________________________________: : PLANTATION, FL 3332'+ : COI'PANIES AFFORDI~ COVERÁGE : , . , .-----------------------------------, : (:3~) '..N.....U.. :etl1PAN\' SCOTTSDALE INSLflANCE COMPAN',' ; · ILETTER A : : :-----------------------------------------: :-----------------------....--------.---- :CCll'tPÞ.t'4y ~ : INSURED : LETTER B : ; :--------------------------------------: : H!I\>!t\Y'd Alan PY'OIIIot,ions Inc. :CctlPAN'1 1 .., 1S01 N. Pine I!ôland Road ILETTER C : I Suite 1"1 :-__________________________________: : Plantation, F1.. 33322 ICctlPANY : .: : LETTER 0 : '. t :--- -------------------1 : :C01PAÞrI : : fLETTER E . ¡ := CO\IERIIGE =--==--==--======================================: : 'THIS IS TO CERTIFY THAT TI-£ POUe!£S OF INSl,RANCE USTED 88..GI HAW: BEEN ISSUED TO 11£ INStJlED No\MED ABOVE Fæ THE POLICY PERIOD : : INDICATED, NOTWITHSTANDING Å~' RE~IREt£NT, TERM OR CC4IIDITION OF f-N'( C~TACT OR OTHER DOCUl'ENT WITH RESPECT TO WHICH THIS I : . Å’RTIFICAlE MAY BE ISSUED OR I'IA',' PERTAIN, 1'}£ INSURANCE AFFORDED BY 11£ PCLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. : ÎEX,fL.iJ$IONS ÄND .OONDITIQNS 9F SLCH PCLI~IES. LIMIn)SHQo N.HA~' HAVE !lEEJ:(REOUCED BY PAID CLAIHS. : ~-------------_..._---------- .......: ICD ; TYPE OF INSUlANCE I : POLIC'I NJI'SER ¡PILICY EFF. :PILIC'( EXP.: LIMITS : IL TR : \ I : DATE : DATE : . : : --T~U¡miTv---: ----------¡-------ïSOOIL ÿINJüRŸõëc. --:-1---;----- I : A It JC0"P...ehef'lsive Fo...m : 31fS7S'S ê1/2't/91 · 02/2't/92 (~OOILy..-!~¡jRy A~fu===-'Cs ======-==: : : [}IJPrelllise~/~e...at.i on!;, : :_Ef!.9!:'.€8TY.l!~~€!E_OCË!__'_1_~______: : 1 ( JUnde...grOUnd Expl osi on & : 1-!!!f!PEBTY.l!l!HA~_~!h___1_~______: I : Co lapse J.àzurd I U~L!...fº-£Q!:!BI/IE!L.QÅ“.!.__1_~_~~~_: : : [·]Products/Comp. Opet"\1tions I U~LU!LQ?MIII~!L~GG:.__L!-___~~~!1~_1 : : ( JCont....acWa : :-!ê!§9!'I.&..!~JU!!Y_~!h__-1_!..______.__1 : : C J¡ndependent. Contracto...s : . 1_____________..1________1 : I ( JBroad FDI"II Property OQlIIQge : I :____.___________1_________: : It ]Personal InjUl'"Y: I I: I I , + --+-- -- I c I -+-----------t------I ;- ::~~~~;;::;~TY : :: BODILY INJURY I S I : : : :: (Pel" pl!l'"son) I I : : [ ]Any Auto: : 1-------------+--- ~ : : t lAI I tMned Autos(Priv. Pass.): :: BOOILY INJURY : S : r : t Ú. I I tMned Autos(Ot.her t.hM : :: (Pel" Dce ident.): : : t Priv. Pass.>: : :---------------+---------: I ( JHlred Aut.os: I I PROPERTY IIAl'iAGE : S : I : t 1Non-tMned "utos: : : : £ JGarage Lillbllity: : :-------+------: : : t ] : : I BOOILY INJURY & : S : : I ; PROPERTY oAI'IAGE___ : _ _ 1_-, --. '~::..:~.,-..."~ .-..., .--- - ._..----:-~-- -~-.'-"-- -.:¡.::--=-~~==:::¡..~~~-=----...:-------: : I EXCESS-LIABILITY: I I :_~Q£Q,!L~_--1_~_____: I ( JUllbrellQ For,. 1 I I :_Mi!:'!R£!!~TL______...L~_______1 I I [ JOt.her Thc1n UaQre Ila FO""I I I I: :, I : + I ---t---- I I ------t - : I IoKJRKER IS CCI'IPENSATION I I: 1_..L!!~ºBY...!:!!:!!.!!__1________ : AMI: I :-!~!:Lð££.mg!!r______1~!..._____1 : .: EI'I'L.O't'ERS' LIABILITY I I U~~~~!..=-f!!:!£U!!:!II.._1_!...________ 1 : I I I I I DISEASE - EACH EI'PI-O'Ia¡: ; , : ---t I +--- - . ---I I I . :. :011-lER r f: I ' :' ~ : : I I I · I I ,. I : I . , . ,------------- - ------------------. ; DESCRIPTION OF t1'ERAnONS/LOCATIONSNEHIC\.~/SPECIAL. ITEI'IS I I EVENT DATE: JAIIIJARY it-12th 1992 EVENT DESCRIPTION: :?aD A/ItIIJAL otJolNTlJIoH I I DMA" FESTIVAL OF 'mE ARTS AOoITICJIIAL INSUlED: CITY OF DELRA'I BEACH, : : AT\.AHTA PLAZA LTO 100 I>lol 1ST AVE, DELRA\' BEACH, Fl.. 33...... ". ./ : := CERTIFICATE: KlLDER ========= :¡:= CANCELLATION - - =--- -=============:---.::==: · : ~OUL.D ÞH'f OF TI£ ABOVE DESCRIBED POLICIES BE CA lÇELJ.EI) BEFlJRE 'THE I ; CITY OF D8..RAY BEACH : EXPIRATION DATE THEREOF, TI-£ ISSUING COI'I'AN" WILL ENDEAVOR TO I : ATLANTIC PLAZA L. TO I KUL 1~ DAYS WRITTEN ·IIOTII:'£ TO 'THE CERTIFICATE Ha.:.oER NÁl'£D TO 'mE : 100 I>lol 1ST AVENJE : lEFT, aUT FAILlJIE TO HAIL suæ NOTICE SHALL II'U'Å’E. NQ OBLIGATICJII OR t 1 DÈl.RÁV Il£ACH FL. 33'1-QQ : UAIULITY CF ANY KnlO !.PON THE COHPANY, ITS AGENTS OF REJlRESÐlTAT~. : : ATTN: LeE GRL.t", RI9t MANAGE1'1ENT - ---~. l~-;;µ 11--' i . .,;,. . . " '., - ; AU ENTATtvE ..;- _______________________________ =__ = JI ~ _ f) = = ----------------------------------- ~==t* \ · ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fl';.·1 SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10 1991 CHANGE ORDER NO. 11MAN CON, INC. DATE: December 6, 1991 This is a Change Order to the contract with Man Con, Inc. which reduces the contract price by $72,912.46 to accommodate site conditions and as-built quantities for the Southeast Transmission Watermain project. The tabulation of actual quantities used to construct this project resulted in this decrease in contract price. Recommend approval of Change Order No. 1 to the contract with Man Con, Inc. which reduces the contract price by $72,912.46 for the Southeast Transmission Watermain project. . . './ . . if " . : , Agenda Item No.: .AGENDA REQUEST Date: 12/4/91 Request to 'be ~laced on:' C Regular Agenda Special Agenda Workshop Agenda When: 12/10/91 16". ?O". 24" Southeast Transmission Main (90-09.8) Description of agenda item (who, what, where, how much): Change Order 111 miscellaneous changes to project due·to differing site conditions; final "plus/minus" unit quanity changes based on as-builts; Change Order #1 is a net. price deduct oJ-..:..- ...Ll2.912.46. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO - Recommendation: Staff recommends approval of Change" Order #1. All changes have been verified. All measured quantities have been verified. ;.. .--.-.....- Department Head Signàture: Ø.~!fi P~'~~_û~JJ !~/'Ic/11 Determination of Consistency with Comprehensive Plan: ~ City Attorney Review/ Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of fundn): Funding available: YES/ NO Funding alternatives::-- (if applicable) Account No. & Description: (441-5181-536-69.01) & (447-5174-536-61.41) Account Balance: ,¡~ City Manager Review: ~ @/ . NO [7-/ì '! Approved for agenda: j¡. Hold Until: Agenda Coordinator Review( Received: Action: Approved/Disapproved 1."1 " .. - .-' , ,. '. . . , . .: :. . , . .. ," " .- CHANG E ORDER . No. 1 Dated , 199_ , I Project No. 90-09.8 . Project Name: 16'11, 2511 & 24" Southeastern Transmission Main . . "- Owner: CIty or Delray Beach, Florida Contractor: Man Con, Inc. Contract Date: April 5, 1991 ~ To: Man Con, Inc. , Contractor ,.-. You are directed to make the following changes in the subject contract: . Attached Sched-µle IIA" covers miscellaneous changes due to .differing site. conditions and final "plus/minus" unit quantities. Adjustment based on final as-builts. . I , . . . . whIch changes are more speèifIcally described in the attached amc,nd~d plans, drawings, Îmd specificatIons. The reason for, the change Is as follows: Differing site conditions and actual as-built final measured quantites. ... . The contract price and contract'~ime shall be adjusted because of such chnnrres ns follows: ! ... A~ Contract Price' 1. Contract price prior to this change Order: · $ 804,655.35 Page One of Two Pages " j' I. .. .... ',' . ./....., '. 'I I, f" ~ .".... ,: . , , ..:..1, . ',CHANGE ORDER f...l- ., , 0' .....:- .-......... 'oo .._........ .' - ..-..... .- .. .-....... .. ... ... . -..-- . - . f 2. . Ne't Increase resulting from this change ,order: (72,912.46) .. . 3. Current contract price Including this change order: 731,742.89 . D. ' Contract TIme . ,.. j 1. Contr8.c.t time prIor. to this ~hange order: 160 ~.. f, 2. Net Increase resultIng from. thIs change order: 0, f 3.. Current contract, time Including this chn.nge order: . 160 . \ , . -, . .. . .. . . City of Delray Beach, Florida, OWNER " . . . , ' . . By: , . ' . Thomas E., Lynch, M~yor Attest: , . .. City Clerk City of De1ray Beach ", .-- Approved as to form: . City Attorney , . . . ' . The above chntÍgeS are acc'epted on , 199_. I understnnd tha.t all the provisions of the Contract' Document related to Project No. 90-0Q. R . which nre not inconsistent. with. the terms of ·:this Change Order shall. remain in effect and apply to nl1 work undertaken pursuant to this Change Order. , . . Witness: I . . . , CONTRACTOR . . By: As to Contractor Title . . , . . I ,- ':0 . . Page 'Two· of Two Pages · SCHEDULE "A" Bid Amount $ 957,655.35 Less Alternate '2 (153..000.00) Acutal oriqinal contract amount S 804..655.35 Less chanqe Order '1 Minus A-I( Item A - Conflict with 4 in. Steel water main Item B - Eliminate Saddle for A.R.V~'s Item C - Stabultation of Shoulders Item D - Connection at Treat- ment Plant Item E - Clean up church parkinq lot Item F - Repair unmarked sewer at ball field Item G - Lateral conflicts on dotteral Item H - Conflict with force- main on s.w. 4th Ave. Item I - Repair broken sample point/blow off Item J - Additional work alonq Swinton Ave. required by county Item I( - Added for narrow edqe patch $ 19,135.14 PIus/Minus as-builts quanity ...L2? ,047.60) _ $ (72..912.46) FINAL CONTRACT AMOUNT $ 731..742.89 ~. .....- .... .... I~ .... ~ ~ H (") c... toi ,¡:. ,¡:. W W .... . . . . IV \Ø 0) ...¡ 0\ UI ,¡:. W IV .... Ztoi 0 0 0 IV .... w IV .... O~ z c:I .. toi .. .... .... IV IV .... 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CO "0 .., I\) VI 0 0 0 0 0 UI 0 VI 0 0 VI 0 CO 0 t"'o I-< . . · · · · · · · ~.., :z: I'>.J CO I-' 0 0 0 0 0 0 0 0 0 0 )0 \Ø .... 0 0 0 0 0 0 0 0 0 0 tlfa: t"' 0 00 - HI ::a ~ I'>.J .... I-' .... VI CO 0 0 0 -..J VI W I\) . 0 I\) 0 0 0 0 0 0 0 I-' 0 \Ø I'>.J .... 0 <JII <JII <JII <JII <JII <JII <JII <JII <JII <JII <JII · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS "¡v0 FROM: CITY MANAGER t ! SUBJECT: AGENDA ITEM # E: - MEETING OF DECEMBER 10 1991 AWARD OF BIDS AND CONTRACTS DATE: December 6, 1991 This item is before you to approve the award of the following contract: I. Uniform Rental - Cadillac Uniform Supply in the estimated annual amount of $19,800 with funding from various departmental budgets. Recommend approval of the award of the above contract with funding as indicated. +00"1 · Agenda Item No.: AGENDA REQUEST Date: Decemher 2. 1991 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: DeC'emher 10. 1991 Description of agenda item (who, what, where, how much): Bid Award- Uniform Rental Services - Term Contract r.n-np R;~ #ql-0~q ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder. Cadillac Uniform Supply at an estimated .'lnml::11 C'nRt nf $lQ.ROO. / f; ~ (>!I/~ .4-r , Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): vi ,J ~ Fund~~ available: YES/ NO Funding alternatives: 4: ~. (if applicable) Account No. & Description: 2/ /U.~ . fl, 4<i~~ fl-f;;J.. Account Balance: City Manager Review: 0~\ Approved for agenda: (y~/ NOÞ~h./Î Hold Until: - ¿. Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ¢ Administrative Services q(;r~ FROM: Ted Glas, Purchasing Officer DATE: December 2, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 10, 1991 - BID AWARD #91-059 UNIFORM RENTAL SERVICES - TERM CONTRACT Item Before City Commission: The City Commission is requested to award contract to low bidder, Cadillac Uniform Supply, at an estimat of $19,800. Per the Budget Office, funding is from: ( ) . Backgrou ti: i.J."#4tÁ The City of Boca Raton Purchasing Office is the lead organization for this county cooperative contract. Bids were received on October 22, 1991 from three (3) vendors (Bid #91-059. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The low bid was submitted by Cadillac Uniform Supply. This firm has been thoroughly evaluated by the co-op, and found to be a responsible and capable vendor, per attached memo from Boca Purchasing. The City of Delray Beach will reduce costs by approximately $10,600. annually with the new contract. The term of the contract is two (2) years, with four (4) one year extension periods, and with no change in the terms, conditions and unit prices. Recommendation: The Palm Beach County Cooperative Purchasing Group has reviewed the bids and recommends award to the low bidder, Cadillac Uniform Supply. Delray's estimated annual cost is $19,800. Funding as outlined above. Attachments: Tabulation of Bids Cost Analysis Sheet Recommendation from Boca Raton pc William Greenwood Major Cochrane Joe Weldon Ernie DeRango Lu1a Butler Mike Off ie Joe Safford Mark Kilbourne Jerry Rude ()I'O I> I> eo I-' I> .... 01"10 00 -0 eo '-I (]\ tJt . :a. VI N I-' . 0 -0 (X) '-I (]\ tJt . :a. 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(J1 (J1 (/)~C I-' -if"l'1Z 0 f"I1H "." ......0 ::0 3: . HALL. 201 WEST PALMETTO PARK ROAD. BOCA RATON. FLORIDA 33432·3795· PHONE; (407) 393-7700 . CITY SUNCOM: (407) 922-7700 PURCHASING MEMO NO. 91/92 - 068 November 20, 1991 TO: Mervyn C. Timberlake, Jr. , C.P.A. Finance Dir~ FROM: Lynda S. Ve n PB Purchasing e t SUBJECT: UNIFORM RENTAL SERVICES - Bid No. 91-059 AWARD RECOMMENDATION Bids were opened October 22, 1991 in the Purchasing Office for Uniform Rental Services required by the City and other members of the Palm Beach County Cooperative Purchasing Council. I recommend that the City award the bid to the low bidder, Cadillac Uniform Supply. A synopsis of the bids received is as follows: VENDOR ESTIMATED ANNUAL TOTAL Cadillac Uniform Supply $ 85,556.90 Uniforms for Industry 123,437.60 Aratex Services 136,565.00 An evaluation of the bid responses including uniform samples revealed that all vendors met thespecifications. site visits were conducted at Cadillac Uniform Supply in Hollywood, Uniforms for Industry in Miami and Aratex Services in Opa Locka by Steve Saposnik, City of Boca Raton; Jackie Rooney, City of Delray Beach; and John Klatt, Solid Waste Authority. All facilities also met the requirements of the bid. References from the low bidder, Cadillac Uniform Supply, were contacted and all were completely satisfied with their service. The management of Cadillac Uniform Supply has indicated a commitment to serve the needs of the City of Boca Raton as specified in the bid. This bid will be placed on the Council Agenda for November 26, 1991 with the recommendation award to the low bid vendor - Cadillac Uniform Supply. If you have any questions, please call me at X 7876. LSV cc: Steven Saposnik, Senior Buyer ,~,., -. ----.....,... ·....TV I="MPLOYER - . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{~ SUBJECT: AGENDA I TEM :It f\ - MEETING OF DECEMBER 10 1991 REPORT OF APPEALABLE LAND USE ITEMS DATE: December 6, 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period November 26, 1991 through December 9, 199I. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved the landscape plan and architectural elevations to allow a covered deck addition at Scarlett O'Hara's. -Approved the landscape plan and architectural elevations associated with the addition of a 36 square foot walk-in freezer at the Dunkin Donut. Planning and Zoning Board: No appealable items were considered during this reporting period. Historic Preservation Board: No regular business meetings were held during this reporting period. ~ JlfunlÆ- 4 ~/}.~ JU... ß~ ¡.9c»u¿fiJ Lid 0l//9~ ~~~ 6-0 ""1 · . ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~j ~"OCL- THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING ~~~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF DECEMBER lO, 1991 REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 26, 1991 THRU DECEMBER 9, 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 November 26, 1991, through December 9, 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 lO day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. I~ ,., · City Commission Documentation > Report of Appealable Land Use Items November 26, 1991 thru December 9, 1991 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 4, 1991: 1. Approved the landscape plan and architectural elevations to allow a covered deck addition at Scarlett O'Haras, located within the Old Harbor Plaza at the northeast corner of U.S. Highway No. 1 ~nd Linton Boulevard. The site plan will be approved administratively as a non-impacting modification (Vote 7-0). 2. Approved the landscape plan and architectural elevations associated with the addition of a 36 sq. ft. walk-in freezer at Dunkins Donut located within Tropic Square Shopping Center at the northeast corner of U.S. Highway No. 1 and Tropic Boulevard. The site plan will be approved administratively as a non-impacting modification (Vote 7-0). No other appealable items. PLANNING AND ZONING BOARD SPECIAL MEETING OF DECEMBER 9, 1991 The only action item on the December 5th agenda deals with the conditional use request to allow the establishment of a recreational facility "Whirly Ball" at Congress Square Shopping Center. As the Board provides a recommendation to the City Commission this is not an appealable item. The Board's recommendation will be provided as a part of a separate agenda item. HISTORIC PRESERVATION BOARD MEETING: No Regular Business meeting was held during this period. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map JA/#62/CCDOC.TXT . '00Jj¡ . CCIUM AVDU: ~ cJ IJ ..: SCARLETT O'HARA UNTO" IOU LEV ARD DUNKINS DONUT ~ TROPIC BLVD. iB] I I :c ..J < a:: ~ w 0 w u.. N INI'fOII ... rn'~ ......-.- I a · .. MEMORANDill1 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {'n SUBJECT: AGENDA ITEM # q .6. - MEETING OF DECEMBER 10, 1991 REQUEST FOR CONDITIONAL USE APPROVAL/WHIRLY BALL DATE: December 6, 1991 We have received a request from Jay D. Tormey for conditional use approval to locate a family recreational business (Whirly Ball) in the Congress Square Shopping Center. This request is being given accelerated processing based upon a request from the applicant and his desire to commence operations as soon as possible. There are some ownership problems with regard to Congress Square; howeve r , they do not bear directly upon the consideration of land use review as it relates to the appropriateness of this proposed use. The City Attorney's office, however, is monitoring the situation. The proposal is to establish Whirly Ball within the 10,356 square foot bay previously occupied by Eckerd Drugs. Whirly Ball is a combination of basketball, hockey, j ai alai, polo and bumper cars. Interior improvements include construction of two (2 ) 3,000 square feet Whirly Ball courts, a viewing area, snack bar, 15 tables with chairs (60 seats) , 18 video games, six (6) pool tables, two (2 ) Air Hockey tables, one ( 1) Foozball Table, and a 2,561 square foot storage area. The hours of operation will be Sunday through Thursday, 12 Noon until 11:00 p.m. and Friday and Saturday, 12 Noon until 1:00 a.m. There are no known unusual problems or concerns with regard to this request. Previously, there was some concern wi th respect to parking and traffic circulation impacts during the consideration of a proposed Bingo operation at this site. However, such impacts are not of concern with this application due to the relatively low traffic generation and occupancy factors. Normal public notice has been provided to the property owners within a 500 foot radius. Additionally, special notice was provided to PROD (Progressive Residents of Delray) , Delray Beach Council of Communities, United Property Owners I and the tenants of the Congress Square Shopping Center. The Planning and Zoning Board will consider this item at their December 9, 1991 special meeting. A verbal recommendation will be provided at your Tuesday evening meeting. A detailed staff report is attached as backup material for this item. . . c'l{ 81\'/) C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER FROM: ID J. ~~~OR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 10, 1991 CONDITIONAL USE CONSIDERATION RE ESTABLISHMENT OF A RECREATIONAL ACTIVITY (WHIRLY BALL) IN THE CONGRESS PARK SHOPPING CENTER (Atlantic at Congress) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use application which will allow establishment of a recreational activity on property zoned P.C. The project is "Whirly Ball". It is to be located in the Congress Park Shopping Center which is at the southwest corner of Atlantic Avenue and Congress Avenue. It is to go into the former Eckerd Drug facility. BACKGROUND: This request is being given accelerated processing based upon a request from the promoter. He desires to commence operations (due to relocating from the Pompano area) as soon as possible. There are some "ownership" problems due to the center being under control of the RTC; wording of lease agreements; and concerns of prospective owners. The City Attorney is on-top-of these matters. They do not bear directly upon the consideration of land use review as it relates to appropriateness of the proposed use. Attached is the Planning and Zoning. Board staff report which sets forth background and analysis. In summary there are no known unusual problems or concerns. When a request for establishment of a BINGO operation was considered awhile back, there were concerns with respect to parking and traffic circulation impacts. Such impacts are not of concern with this application due to the relatively low traffic generation and occupancy factors. , City Commission Documentation Meeting of December 10, 1991 Restablishment of a Recreational Activity (Whirly Ball) PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board will formally review this item at a Special Meeting on Monday, December 9th. Following a public hearing, they will prepare a recommendation. Their recommendation will be presented at the City Commission meeting. RECOMMENDED ACTION: By motion, -- pending receipt of the Planning and Zoning Board recommendation. Attachment: * P&Z Staff Report & Documentation of December 9, 1991 DJK/#88/CCBALL.DOC ...q .-- L..J-\ i ~. \411 '4 U & £.. L,. '4" '4 U LJUMI1U CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: December 9, 1991 AGENDA ITEM: ILA. ITEM: Public Hearing to Consider a Conditional Use Request for the Recreational Use of Whirly Ball to be Conducted within Congress Square (southwest corner of Congress and Atlantic Avenues). ~. ----- 8() (@J ~ N - 0_.__- GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . Resolution Trust Company Agent\Lessee..................Ted B. Greenslait Real Estate Director Eckerd Drug Company Sub-Lessee....................Copans Square Amusements, Inc. Location......................On the southwest corner of Atlantic Avenue and Congress Avenue. Property Size.................10,356 sqft. (Whirly Ball) 9.88 acres (Congress Square Plaza) City Land Use Plan............General Commercial City Zoning..... ..............PC (Planned Commercial) Adjacent Zoning...............North: GC (General Commercial) and MIC (Mixed Industrial & Commercial) East: GC and MIC South: POC (Planned Office Center) West: OS (Open Space) Existing Land Use.............Vacant retail bay. Proposed Land Use.............Whirly Ball family entertainment center. Water Service.................Exlsting on site. Sewer Service.................Existing on site. II. A ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Conditional Use request to establish a commercial entertainment use (Whirly Ball) and ancillary uses (pool tables, snack bar, amusement games) within the vacant Eckerd Drug Store bay of Congress Square. The subject property is located on the southwest COrner of W. Atlantic Avenue and Congress Avenue. BACKGROUND: As the Congress Square Shopping Center has an extensive land use history since 1979, the background that is being provided begins with the most recent land use request for the subject property. At its meeting of December 17, 1990, the Planning and Zoning Board heard a Conditional Use request to allow establishment of a bingo hall in the vacant 10,356 sq. ft. bay previously occupied by Eckerd's Drug Store. The Board denied the request on the basis that the bingo hall would take up parking spaces immediately north of its entrance and thus have an adverse impact upon tenants, including the potential for reopening the outbuilding as a restaurant. On December 27, 1990, the Board's action was appealed to the City Commission. The appeal letter proposed changes to the description of the Conditional Use which had not been considered by the Planning and Zoning Board. At the City Commission meeting of January 8, 1991, the appeal request was remanded back to the Planning and Zoning Board for review of the new information. On January 28, 1991, reconsideration of the Conditional Use request to establish a Bingo Hall was heard by the Planning and Zoning Board. The Board denied the request on the basis that it was not demonstrated that enough was being done to alleviate the adverse parking situation. The Item was then appealed to the City Commission on February 12, 1991. At that meeting, the City Commission affirmed the position of the Planning and Zoning Board and denied the appeal. On November 5, 1991, a request was made to allow expedient processing a a Conditional Use request for Whirly Ball. The applicant wishes - to relocate the Whirly Ball facility from a free-standing warehouse in Pompano Beach to the Congress Square Shopping Center. At its meeting of November 19, 1991, the City Commission approved the request based upon the unique circumstamces of scheduling around the holidays so that further accommodation requests do not become commonplace. On November 25, 1991, the Conditional Use application for Whirly Ball was submitted and is now before the Board for action. P&Z Staff Report Whirly Ball at Congress Square - Conditional Use Approval Page 2 PROJECT DESCRIPTION: The proposal is to establish Whirly Ball within the 10,356 sq. ft. bay previously occupied by Eckerd Drugs in the Congress Square Shopping Center. Whirly Ball is a combination of basketball, hockey, jai alai, polo and bumper cars. Players are equipped with a bumper car and a scoop, similar to that used in jai alai, which is used to catch, pass and shoot a softball size whiffle ball. The object of the game is similar to basketball, however the ball is shot into a target and not a basketball hoop. The target is 15 inches in diameter and 10 feet above the court. There are two (2 ) teams, with five ( 5 ) players from each team playing at one time. There is one referee who is situated at midcourt. The referee assesses penalties, keeps time and keeps score. The proposal involves interior improvements to accommodate the following: * Two ( 2 ) 3,000 sq. ft. Whirly Ball courts. * Viewing Area * Snack Bar * 15 Tables w/chairs (60 Seats) * 18 Video Games * 6 Pool Tables * 2 Air Hockey Tables * 1 Foozball Table * Storage Area (2,561 sq. ft.) The hours of operation will be Sunday thru Thursday Noon - 11:00 P.M. and Friday thru Saturday Noon - 1:00 A.M. There will be a staff consisting of 3 full-time employees and 5 part-time employees. Typically, the courts are reserved and rented on an hourly basis. CON D I T ION A L USE A N A L Y S I S : CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: (The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). P&Z Staff Report Whirly Ball at Congress Square - Conditional Use Approval Page 3 The subject property has a Land Use Plan designation of General Commercial and a PC (Planned Commercial) zoning designation, which is consistent with the General Commercial land use plan designation. Pursuant to Section 4.4.12(D)(2), within the PC zone district, assembly for commercial entertainment purposes is allowed as a Conditional Use. Therefore, it is appropriate to make a positive finding with respect to consistency with the land use map. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. 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 & Sewer: The existing water and sewer services were provided with the development of the Congress Square shopping center. Adequate fire suppression exists on-site via existing fire hydrants. No main extensions or upgrading is required with this development proposal. Drainage: Drainage was accommodate with the development of Congress Square via exfiltration trenches. No drainage improvements are required with this development proposal. Streets and Traffic: Based upon the project description, the City's Traffic Engineer calculated trip generation of the proposed use to be approximately 433 average daily trips. Pursuant to the Countywide Traffic Performance Standards, if a project is located on a road that was determined to be over capacity upon adoption of the Countywide Traffic Performance Standards, additional trips can be added by individual developments to a maximum of 1% for a total of 5% of capacity. This project is estimated to generate 433 average daily trips, which represents less than l% capacity on each adjacent roadway link and therefore, a positive finding of concurrency with respect to traffic can be made. P&Z Staff Report Whirly Ball at Congress Square - Conditional Use Approval Page 5 OTHER ITEMS: The City's Police Department contacted the Pompano Beach Police Department to find out if there were any problems with crime i.e. gang problems, domestic violence, associated with the facility. The Pompano Beach Police reported that there were no crime problems associated with the facility. With the submittal of the building permit application, a detailed floor plan prepared by a registered architect will need to be provided for the interior modifications to the commercial bay. Once the details are reviewed, additional requirements relating to utilities, building code and fire code items may be imposed. REVIEW BY OTHERS: The proposal involves th occupation of an existing commercial bay with no exterior modifications to the building or site. However, proposed signage may require review and approval by the SPRAB (Site Plan Review and Appearance Board). Normal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Special Notice was provided to P.R.O.D. (Progressive Residents of Delray) , Delray Beach Council of Communities, United Property Owners and the tenants of Congress Square Shopping Center. No comments have been received. ASSESSMENT AND CONCLUSIONS: Basic findings (concurrency, consistency) are accomodated. In comparison with the previous request, the problem of parking demand is significantly diminished. Thus, there should not be a conflict with other tenants/uses in the shopping center. A problem cou ld_ arise if a use modification occured and the facility was more overused to an amusement arcade. Thus, it is prudent to condition the approval with respect to intesity of use. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the Conditional Use request based upon a failure to make a positive finding with respect to Section 2.4.S(E)(5) (Compatibility) . IIt'·1 P&Z Staff Report Whirly Ball at Congress Square - Conditional Use Approval Page 6 RECOMMENDED ACTION: Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: A. That prior to submittal of a building permit application, a traffic study must be submitted and accepted by the City's Traffic Engineer. B. That ancillary uses be limited to: * 6 Pool Tables * IS Video Games * 2 Air Hockey Tables * 1 Foozball Table * Snack Bar * 15 Tables w/chairs (60 seats) or, their equivalent as determined by the Director of Planning and Zoning. Attachments: Site Plan Floor Plan JAC/#S/WHIRLY.TXT 1."1 ~J !~~~ ~"""', -. -. 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'." ,~ r ~ \ 'J ~ ;r I, (f ~ :1 tJ ......... ~,. u ",. .:0". . ,po' ~ . .... : . ~ . --->\ ~ ~ - -_.- - '" ~ "\-~ "'SJI' "'~ '8,..~ ~ - \ C"'" - " ,~., . j J I I I ¡ V oJ J ,., r - ~ ~ J' " ~ ~ 2 , n & 8;;" .. d: - . cA -- - , . :c;r ;~ a: ct t< :f c . ~ ~ ~ ;-Y ~ .... tJ !cJ 8 a ~ ,( r:9 ð :J Cï: ~ ~ ~ Po ~ ~ ~ - I ... .. t' . , rf.. .. ' ell ! . <1 ß .c: ~ ð" ~~ ~ -" , ~ , J > .- -- . Me -. r ¿ ~ I~ ,.' , , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/M SUBJECT: AGENDA ITEM # í1c", - MEETING OF DECEMBER 10, 1991 REQUEST FOR SPECIAL EVENT PERMIT/BRANDY'S CAFE DATE: December 6, 1991 This item is before you to consider a request from Brandy's Cafe for a special event permit and to place tables and chairs in the City's right-of-way along Canal Street on December 13 and 14, 1991 for the Holiday Boat and Street parades. Staff has reviewed the request and recommends the Commission approve the special event permit and placement of the tables and chairs in the City's right-of-way provided: 1) That the applicant provide the City with a signed hold-harmless agreement. 2. That the applicant provide a certificate of insurance, naming the City and the Army Corp of Engineers as additional insured. 3. That a site drawing showing the placement of the tables and chairs be provided. Recommend approval of the request from Brandy's Cafe for a special event permit and to place tables and chairs in the City's right-of-way along Canal Street on December 13 and 14, 1991 for the Holiday Boat and Street parades, subject to the conditions as recommended by staff. - . - , Agenda Item No.: AGENDA REQUEST Date: 12/6/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 12/10/91 Description of agenda ~tem (who, what, where, how much): Special Event for Brandy s Cafe December 13-14, 1YY1 ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @!¡ NO t~ J Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved - MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~ RE: APPROVAL OF SPECIAL EVENT ACTIVITY FOR BRANDYS RESTAURANT WITHIN PUBLIC RIGHT-OF-WAY ON CANAL STREET DATE: DECEMBER 6, 1991 ITEM BEFORE THE COMMISSION: - - City Commission consideration of a request from the owners of Brandy's Cafe to sell hot dogs and beer from tables and chairs placed within the right-of-way on Canal Street, on December 13th & 14th during the Christmas Boat and Holiday parades. BACKGROUND: The City Commission will have to determine that the activity is of primary benefit to the general public, therefore, considered a special event activity, pursuant to Chapter 110, Section 15, which provides for the issuance of a temporary business license for such events on an annual bas i s. The use of tables and chairs associated wi th a restaurant is permitted under Section 6.3.4 (E) and alcoholic beverages may be consumed at such tables. Section 6.3.4 (F) requires that prior to the issuance of a permit, the applicant shall furnish a signed statement that the permittee shall hold the City, its employees and officers harmless for damages. The permittee shall also furnish insurance and an insurance certificate and maintain such with public liability, food products liability and property damage insurance from all claims. The City Attorney is requiring $1 million dollars coverage since the Corp of Engineers has an easement agreement through the property. The Attorney is requiring both the City of Delray Beach and the U.s. Army Corp of Engineering be listed as additionally insured. RECOMMENDATION: We would recommend Commission approval of the special event activity provided that the applicant provides the required certificate of insurance prior to the Commission meeting along with a site drawing of the placement of the tables and chairs. Property owners along Canal Street will be notified of this planned activity. d11 Brandys.DH ., . DECEMBER 5, 1991 RECEIVED . DEC 5 1991 CJrY MANAGER'S DAVID HARDEN OFFICE CITY MANAGER 100 N. W. 1ST. AVE. DELRAY BEACH, FLA. 33444 DEAR MR. HARDEN: WE RESPECTFULLY REQUEST THAT YOU PLACE US ON THE AGENDA FOR DEC. 12TH, FOR CONSIDERATION OF THE USE OF CANAL STREET, LOCATED BETWEEN BRANDY'S CAFE AND THE INTERCOASTAL. WE WISH TO HAVE TABLES AND CHAIRS ON THE STREET AND SERVE ONLY HOT DOGS AND BEER FROM OUR RESTAURANT, DEC. 13TH AND 14TH, DURING THE BOAT PARADE AND THE STREET PARADE. PLEASE BE AWARE THAT WE ARE A FULL SERVICE RESTAURANT AND ARE LICENSED TO SELL BEER AND LIQUOR. ALSO, JUST A REMINDER, CANAL STREET IS A DEAD END, ENDING AT THE BRIDGE. WE WOULD APPRECIATE ANY ASSISTANCE. SINCERELY, IVA BRANSCOMBE IB/j1 cc:OffRIS BROWN, CRA '.<1 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS , FROM: CITY MANAGER '~ [ . SUBJECT: AGENDA ITEM **' 90 - MEETING OF DECEMBER 10, 1991 BANKER'S ROW REDEVELOPMENT AGREEMENT DATE: December 6, 1991 This item is before you to approve a tri-partite agreement between the Ci ty , Community Redevelopment Agency (CRA) and the Banker's Row Homeowners Association (BRHA) for the development of Banker's Row. This agreement provides that the City will prepare an appropriate site plan, provide professional engineering services, and landscape architect services, at its expense, for parking lot and street improvements within Banker's Row. The CRA shall acquire Lots 1 and 2, John B. Currie Subdivision for the construction of the parking lot; and, shall upon construction of said parking lot deed the subject property to the City. The City will be responsible for full maintenance of the parking area and street improvements. The agreement also provides that the BRHA will pay the CRA 25% of the costs of the design and construction of street improvements. Recommend approval of a tri-partite agreement between the City, Community Redevelopment Agency and the Banker's Row Homeowners Association for the development of Banker's Row. . f lJ.f) B~ i~ ~~ ern - ~ rJ..1£JO ~ & ~ atpvJu w/iLL ~;a Ro-uY ~ 7' ~ S ðY1 ~ ~þ 1/14 /9~ · --.--- · MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMP~_ RE: BANKER' S ROW REDEVELOPMENT AGREEMENT . /' DATE: DECEMBER 2, 1991 I have reviewed the proposed Tri-Partite agreement referenced above, pursuant to your directions. The covenants and promises appear to adequately represent what has been verbally discussed between staff and the CRA Director. Section C, Landscape . Architecture, will be done by Nancy Davila. She has been involved in meetings and discussions regarding this project. A decision should be made regarding how the maintenance will be handled, (contracted out or by existing P&R staff) . If contracted out, we will prepare maintenance specifications for award as soon as improvements are in place. cc: Nancy Davila C:Banker.LB/LCB ',"I 1.: 407 276 5489 SPIN DIT FED DOW 02 TRI-PARTITE AGREEMENT FOR THE DEVELOPMENT OF BANKERS' ROW This Tri-Parli1.e Agreement for the De\'eJopment of Bankers' Row. hereinafter referred to as tho II Agreement,' is made and entered into this day of , 1991, by and between tbe CITY OF DBLRA Y BEACH, a municipal corporation, hereinafter referred to as the ·CJTY,fI and tho COMMUNITY RBDBVELOPMENT AGENCY OF THB CITY OF - . - DELRA Y BBACH. aD entity created pursuant to Chapter 163. Florida Statutes, hereinafter referred to as the ·CRA." and BANKBRS· ROW HOMEOWNERS ASSOCIATION, INC., hereinafter referred to II "ASSOCIATION," . WIT N B S S B T H: , WHBRBAS, tho parties hereto are desirous or joining togcther and participating in the mut~a.I redevelopment and improvement of the street aDd infra-structure for Northeast First A venue between Northeast Second Street and Northeast Third Street; aDd WHEREAS, sueh iD{ra-slrUdur~1ndudc the upgrading and improvement of the water, drai%l.age, paving. sidewalks, and streetscapo laDdscapiug aDd architecture, (the "Street Improvements") ItS weU as the design and cODsLruetion of a public parking lot on Lots 1 and 2. John B. Currie SubdivisioD. as recordod in Plat Book 33, Page 196, DC the Public Records or Paba Beach County, Florida, hereinafter relerred to as the "Parkins Lot JmprovemCnL'I¡" aud WHBRBAS, each of the parties hereto are desirous DC identifying the roles that each will play in such redevelopment projecL Q wen as their rc.'pective financial rcsponsibility and cODtributions there tor, NOW, THBRBFORB, in consideraLion of the mutual coveuants aDd promises herein contained the parties hereby agree as follows: 1. {)eahrD Ph.le A. Site D..Duhur. The CITY through its Pl8l1%1.i%l.g and Zoning Departmcnt will prepare 811 appropriate site plan at its expense (or the Parking Lot Improvements uod the Street Improvements withiu duys (rom the date o( this Agrccment. The subjcct site plan shall be Drø/' #3 Ntwtt",HT 6. 1991 -,-.-'" ,-- SPI~ DIT FED DOW 03 2: 407 276 5489 , - SUbjéCt to the review and ~pproval of aU of the parties hereto. B. EDslnurla,. The CITY shall engaae and pay for the services of a registered professioaal civil engineer to provide engincering services for the Street Improvemenls and ParkinJ Lot Improvemcnls. The CRA will reimburse the CITY lor lhe portio 0 of the said engineering expenses which have been incurred wilh respect. to tbe Street Improvemenls and Parking Lot huprovemeots. other lhao the water. sewer. and draiaage portions thereof which tbe CITY shall be responsible for. The engineering contract shall be subject to approval or all of the parties hereto. The engineer shalt provide any applicable surveys required for thc improvements. . C. Láadsc:aDe architecture. The CITY shall provide at its expense landscape architecture services required. Street Improverncats. aud Parking Lot Improvements. Su~h . landscape architectural plan shall be prepared in consultation with the CRA and the ASSOCJATION. 2. r.rklaR Lot AC9ulaltjCLII The CRA shall at its expense acquire Lots 1 and 2. John B. Currie Subdivision for the construction of lhe parking lot as designed pursuant La the services provided under Sect.ion 1 above. Upon the complction of the construcLion of the said parking lot the CRA shan convoy by Quit-Claim Deed the subject property to the CJTY and the CITY shall accept futl responsibility for said property and the maintcnance therefor. The eRA shan be responsible for the payment of aU expenses relating to the a.cquisition and construction of the said parking lot. The conveyance to lhe CITY shall contain t.he provisÎoas for reversion of titlc in the event tbe same if¡, disposed of by the CITY or put to any other use than that oC a public parking lot without the express prior written conscnt of the CRA. 3. CÔDstMlCtlU The ÇITY shan provide and the CRA and the ASSOCIATION shall participate in bidding, negotiation and contract administration services lor t.he Strect. Improvements and the Parking· Lot Improvements at the CITY'S expensc. The award of the canlrael for such construction shall be cnlered into and paid for by the CRA as the owner and ..he award of such contracts ahaU be Drillt #3 Novembe, 6, 199J ,¿d ~ 4137 276 5489 SPIN DIT FED DOW 134 subject to the approval of all of the par lies hereto. The CITY shall further provide contract administralion, inspection and supervisor in consultation with the engineer and the CITY shall provide the CRA wilh certifications for progress payment.s pursuant to the construction contracts. 4. ~fttDtenaDce The CITY agrees to provide maintenance for the Street Improvements and Parking Lot Improvements upon completion of tbe construction. - S. ~IAðel.tlon ObUtatloD. The ASSOCIATION a¡rees to pay to the CRA twenty-five perccnt (25%) of the C05ts of the design and const.ruction of the Street Improvements in the fol1owing manner: A. $ upon the execution of this Agreement; . B. $ simultaneously with the award of the contract far the COJl$lructioD or the Street Improvements. 6. Time for ComRletloD It is contemplated that this project will be commenced within days roUawing the execution or this Agreemcnt and the project completed within days thereafter. CITY OF DBLRA Y BEACH By: Thomas Lynch, Mayor Auest: By: . City Clerk Approved as to form: By: City Attorney Drøll #3 NovenaHr 6, 1991 _._-'-----~ ~ 407 276 5489 SPIN DrT FED DOW 05 . WITNBSSES: COMMUNITY REDEVELOPMB~T AGENCY By: Kcvip HlaD, Chairman WITNESSES: BANICBRS· ROWHOMEOWNBRS ASSOCIA TION . By: ,President . . - -.---. Drlllt #3 Nowmber 6, 1991 i~ II · · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # E - MEETING OF DECEMBER 10, 1991 REQUEST FOR FUNDING/EDUCATION BOARD DATE: December 6, 1991 We have received a request from the Education Board for funding in the amount of $2,000 in support of the Annual Education Expo to be held at the Delray Mall in the Spring of 1992. Previously, the Chamber of Commerce, with support from the business community and the Delray Beach Mall, have sponsored this event. However, the Chamber of Commerce has elected not to sponsor the Expo this year. The Expo provides an opportunity for students from public and private schools within the City to display and perform works of art at a non-competitive exhibit. The Delray Mall management is supportive of this activity and have reserved optional dates for the event. The Education Board feels that this activity is a benefit to the entire community. Funding is available in the Commission's Contingency (Account No. 001-6511-581-90.11). Account balance $10,000. Recommend consideration of a request from the Education Board for funding in the amount of $2,000 in support of the Annual Education Expo. ~ (S--o) Þ úptdþu- $ c;( I ()OO ) bdtW71~ &~~ UtiL ~ ~- MlI'1 . , ¡Agenda Item No.: AGENDA REQUEST Date: 12/3/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 12/10/91 Description of agenda item (who, what, where, how much): Approval of Annual Education Expo FlInding Reauest of $2,000 of 1992 To np- hp-ld at the Delrav Mall in the Spring ORDINANCE/ RESOLUTION REQUIRED: YE Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~d~ ~. - . . I Determination of Cons1stency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds) :j.k / tf-f¡ hI Funding available: YES/ NO Funding alternatives: lJu/-6c5¡J-5fï- 7Ó.// ~e) Account No. & Description: Account Balance: l0,l)/)()' tJù City Manager Review: .::c=:-, Î Approved for agenda: c!~..~ / NO {' L;;c Hold Until: ( , Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: CITY COMMISSION APPROVAL OF ANNUAL EDUCATION EXPO TO BE SPONSORED BY THE EDUCATION BOARD - CONSIDERATION OF FUNDING REQUEST DATE: DECEMBER 3, 1991 ITEM BEFORE THE COMMISSION: - - Consideration of the request from the Education Board to sponsor the Annual Education Expo in the spring of 1992 at the Delray Beach Mall and provide funding for this activity in the amount of $2,000. BACKGROUND: The Annual Education Expo had been sponsored by the Chamber of Commerce with support from the business community and the Delray Beach Mall. The Expo is a non-competi ti ve exhibit of the works of students from private and public schools in the Delray Beach area in the subjects of art, music, drama, creative writing, science and applied vocational subjects. It is a two-day event held on a Friday and Saturday at the Delray Beach Mall. The Chamber of Commerce has elected not to sponsor the activity this year. The Education Board feels that the activity is a benefit to the general public and students participating and is an appropriate activity for the Education Board. Parent and community participation has been very good; student participation has been excellent. The Delray Mall management is supportive of the activity and has reserved optional dates for the event in February, 1992. The Board is requesting Commission approval to sponsor this event during the spring of 1992 and that a funding allocation of $2,000 be made to cover costs associated with sponsoring the event. RECOMMENDATION: We would recommend City Commission approval of the Education Board's request to sponsor the Annual Education Expo and that $2,000 be allocated to cover costs associated with promoting the activity. LB:DQ d11 C:Expo.EB/LCB ,~'" - -----_._-_._--_.._._._-----._~----_..._-~.~.- ----....~-- Sevm pL (Ç 1991 {JCi\.TlON . ~ ~p ~ FRIDA~ FEBRUARY 22nd · 12 NOON - 9 PM SATURDAY, FEBRUARY 23rd · 10 AM- 8 PM AT I D~:~f~~on~~~~~a~~~L 1»:.1.11..\' ~"AU. DELRAY BEACH AREA STUDENTS WILL EXHIBIT · SCIENCE PROJECTS · ARTWORK · CREATIVE WRITING -MUSIC & DRAMA PERFORMANCES also ATLANTIC H.S. EAGLEAIRES & EAGLETTES SEND FREE MESSAGES TO OUR TROOPS IN SAUDI ARABIA. Compliments of Dept.of Vocational Technical Education Palm Beach County Schools Presented ~~ Educa~ion by GREATER CommIttee DELRAY BEACH Chamber of Commerce Donated by: PIP Prinling · Delray Bcach 1.<1 , - ==- ~ ¥ ! [ITY OF DELRAY BEA[H <, } , ~'4 100 N.W. 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/2437000 í; PROCLAMA TION 0I1m~/.ç::1 .' ~.. . .; ;~ , WHEREAS, the Second Annual Education Expo, a non-com- ~~ , petitive exhibit of the works of students from private and public f schools in the Delray Beach area in the subjects of art, music, ~" , drama, creative writing, science and applied vocational subjects, ~--.-.. ." is a two day event which will take place on Friday, February 22nd f I and Saturday, February 23rd at the Delray Beach Mall; and, l - l '" WHEREAS, the purpose of the Second Annual Education ! .{ ~~; Expo is to focus the community's attention on the excellence in the Delray Beach Schools, which includes highlighting the innova- tion of our programs, the dedication and creativity of our teachers and the enthusiasm and hard work of our students; and, WHEREAS, students from the following schools will be participating in the Second Annual Education Expo, an event sponsored by the Greater Delray Beach Chamber of Commerce's Education Committee: Carver Middle School, Unity of Delray Beach, S.D. Spady Elementary School, Pine Grove Elementary School, Plumosa Elementary School, Banyan Creek Elementary School, Gulf Stream School, St. Vincent Ferrer School, Hagen Road Elementary School, Atlantic High School, Ornni Middle School and South Tech NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the city of Delray Beach, Florida, do hereby proclaim the week of February 18 - 24, 1991, as "EDUCATION EXPO WEEK" in the City of Delray Beach and urge all residents to attend the Second Annual Education Expo and join our students from Delray Beach ate a schools in this positive endeavor. 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 12th day of February, 1991- /~ MAYOR /' ;~'j;'+ " "~",:;J"'~~1::'" '¡;::c .:,,.' '",'c..,.'" ;';~~"'\1~·,':'~':f~~~~~~~~~~j~':~~~,.:~2_~:., :.._.__. -" ,~ 'I · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER if\- ì FROM: I SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10 1991 ADDENDUM NO. 3 THE GOLF COURSE MANAGEMENT CONTRACT DATE: December 6, 1991 This item is before you to approve an amendment to the Golf Course Management contract with Dubin and Associates which provides for the payment of a performance bonus. Per provisions of the original contract with Dubin and Associates, they are entitled to a yearly incentive bonus based upon incremental profits over and above the agreed upon budget. Because of the closing of the golf course, approximately $100,000 in revenues were lost, which effectively canceled out the potential for an approximate bonus payment of $10,000 to Dubin and Associates. Therefore, Mr. Dubin has requested that the Commission consider a bonus payment in the amount of $2,500. Dubin and Associates have performed exceptionally over the last year. Performance measures/conditions contained in the contract agreement have been met within 95%. Customer satisfaction and overall conditions have improved; and, we are now experiencing posi tive public relations. Additionally, Dubin is also managing the Golf Course Restaurant. A detailed staff report is attached as backup material for this item. Recommend approval of Addendum No. 3 to the contract with Dubin and Associates and approve a bonus payment in the amount of $2,500 with funding from Golf Course Administration/Other Professional Services (Account No. 445-4711-572-33.19). ~ .{-o wJ::h ~ Lft-u..J Cl?s ~ (.flU- L ~ ~) ~ -(;; ~þ ~ . .,;,,:,;;£~f~~;~~')Z-1Y:l~8~;};;,. . .>". /1.'·1"''- ·:~!t~':1l~'·'C'. .i,.Iit¡"'~~"'¡¡;" ' ,þ'~~!. 'J~1'.".. ., tij '.~~1.~~~,;, ¡/. . fIi/4 . ...~ , '~~~ I· [ITY DF DELRAY BEA[H . ' ..., ..~. ... ~,~~:*,;'"'. \ ~ t"-{ ,,\ ...~. ;.(""~' "t;;1,."'Æt.)",.. . .>."'r~ ~'::1" ". ' "'j),., "':i~~~~ t, .".;¢.\~ .. \:". i', ;~t,,,,:;~;, ·!-":~'.ì!i.:F·~'t ;, . . . '(,""~~~~~:~'~'- '~'~~\~'", 'r..'t~li.;Ú~.~~i'.., "~'~;:~\':)',,~~?>.~," \" . ,";1".' ,; '. ';'~$ f#...,. '"".!I: .·..·:,C?io>l\..., -'''1- ,...~\....'f¡" "' ~::..;.Jr.;;<~¡',..~¡'" ~ ~ ,,',_ ~,i': ._·'::~·:i~;\~~~a:~;':';".J.~1k :~.~:~~,.~:~ :~(:t¿_~.~:~,t-~;; ;'::"!,,:~,..:!,~~~~~~~:~.-¡;;... ".___. CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE ~ DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 MEMORANDUM Dat:e~. December 10, 1991 . . ~ ": .--:!!'- To: Ci ty Commission t) : From: Jeffrey S. Kurtz, City Attorney Ii . Subject: Agenda Item 9F - Addendum No.3. to the Golf Course Manaqement Aqreement The proposed Addendum to the Golf Course Management Agreement between the City and Dubin & Associates, Inc. addresses Mr. Dubin's request for a year-end performance 'payment of $2,500.00. The management agreement provides for Dubin & Associates to receive a certain percentage of the ne:t profits generated by the golf . course operations. . The existing agreement does not authorize the Commission to award' an additi~ performance payment to Dubin &,. Associates. Therefore, this Addendum is proposed to grant Mr. Dubin's request. This office's opinion is that the City is not legally obligated to pay Mr. Dubin a performance bonus at this time. Any , ) additional payment which the Commission approves would not be supported by any "consideration" on the pa'rt of Dubin & Associates. Mr. Duþi:n performed his obligations under the existing agreement, and the City agreed in January, 1991 what the compensa' :.ion would be for performing those obligations. Unless Mr. Dubin agrees to undertake additional duties in return for the $2,500.00, any additional payment could be considered a gift, as the City would be paying his company for obligations it had already agreed to perform during 1991. Such a payment may be subject to challenge as an expenduture not for a public purpose. , \ _. - DNT/me golfbonu.txt IOIj,t -'í ~~ [ITY DF DELHAY BEA[H 100 ~ :, ' ":"'VC"JIJE . DELRAY BEACH. FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: (?JIð Robert A. Barcinski, Assistant City Manager Administrative Services SUBJECT: Agenda Item # City Commission Meeting 12/10/1991 Contract Amendment/Performance PaYment Dubin and Associates DATE: December 6, 1991 ACTION City Commission is requested to amend the contract and approve a performance payment in the amount of $2,500.00 to Dubin and Associates with funding to come from Account Code 445-4711-572-33.19 (Other Professional Services) BACKGROUND We have received a request from Brahm Dubin for a year-end performance payment of $2,500.00. Performance by the management firm has been exceptional over the last year. Performance measures/conditions contained in the contract agreement have been reached within 95% of requirements - customer satisfaction and overall conditions have improved considerably. Through the efforts of the management firm we are now experiencing positive public relations. The management firm has also, this year, taken an additional responsibility for operating the restaurant which has received a high level of success to date. All of the bond project improvements have been completed. Although net profit did not reach anticipated revenues, this was due to the loss of revenue, resulting from the course closing and additional expenses associated with the restaurant buy-out and close out of paYments to Code House. This request has been reviewed with the Finance Director and we both recommend paYment for exemplary performance. RAB:kwg THE EFFORT ALWAYS MATTERS Club and Hospitality Management, Development and Consultation BRAHM DUBIN ~~~~~~[ij President ADMtNfST~ATtVE SERVICES October 22, 1991 city of Delray Beach 100 NW 1st Avenue Delray Beach, Fl 33444 Attn: Hr. Bob Barcinski Gentlemen, As per the contract between the city of Delray Beach (City) and Dubin & Associates, Inc. (Dubin), dated January 1, 1991 Dubin is entitled to an incentive bonus for the fiscal year ended september 30, 1991, based upon incremental profits over and above the agreed upon budget, due and payable November 30, 1991. As you are aware, the closing of the golf course for the period July 1 through September 30, 1991 resulted in an approximate loss of $100,000 to our operation, which effectively canceled out our potential bonus in the amount approximately $10,000. Therefore we are hereby requesting that the City consider paying Dubin a year end bonus for the fiscal year ending September 30, 1991 in the amount of $2,500 which we hope you believe to be fair and equitable under the circumstances. Thanking you in advance for your cooperation, we remain, Yours truly, ._~~- . -' "\ Brahm Dubin, president DUBIN & ASSOCIATES, INC. BD/abb 800 Palm Trail · Delray Beach, FL 33483 · (407) 243·8008 · Fax (407) 243·8011 [ITY DF DELIAY BEA[H 1 00 :\J, ;,~J ~;:..:., V ~ r'\~ U E . 'JELRAY BEACH. FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Additional Golf Course Revenue Information DATE: December 6, 1991 Per your request the following lost revenue estimates are provided for the period of time the golf course was closed July lst through October 18th. 1. Refund Prepaid Green Fees (less tax) 54,066 *2. Green fees, cart fees and other revenue 201,767 TOTAL 255,833 *Calculation - used July 1990 revenue adjusted for a month less July 1991 revenue, plus August 1990 revenue less August 1991 revenue, plus September 1990 revenue less September 1991 revenue, plus October 1991 revenue adjusted for a full month less October 1991 actual revenue. The net profit calculation as determined by the Finance Director per the contract agreement for FY '90-91 is $296,764. Had the above revenues been realized the net profit figure would have been $552,597. Based on this amount the contractor would have been due a bonus in the amount of $11,649 per the escalating percentages contained in the contract. Also attached is a copy of the amendment as drafted by the City Attorney's office. RAB : kwg Attachment THE E¡::FORT ALVVA YS MATTERS ""I EXHIBIT liB" NET OPERATING PROFIT CALCULATION INCOME BUDGET ACTUAL As per budget $1,468.200 $l,268,288 Less: Interest on Investment < 40,000> < 29,665> Restaurant & Bar < 20,000> < 13,500> Adjusted Income $1,408,200 $l,22S,l23 EXPENDITURES As per budget $1,405,300 $1,382,259 Less: Share/Administrative Cost < 26,200> < 26,200> Transfer < 2l,900> < 2l,900> Debt Service < 354,800> < 354,800> Depreciation < 5l,000> < 51,000> Adjusted Expenditures $ 951,400 $ 928,359 Adjusted Net Operating Income $ 456,800 $ 296,764 ..--~-----_..__._--,..- . e) production costs; f) telephone, mai I, facsimile and miscellaneous out-of- pocket expenses. All expenses will be itemized and submitted with receipts and shall be billed at cost on a monthly basis. In addition to the above stated payment, and incentive payment based on net operating profit as calculated at the end - ~ l>-' of the fiscal year ending September 30, 19 sèÍall be made. The schedule of incentive payment herein follows and shall only be paid if conditions listed are met: . . 10% of net operating profit between $456,800 - $499,999 . . 12.5% of net operating profit between $500,000 - $524,999 15.0% of net operating profit between $525,000 - $549,999 17.5% of net operating profit between $550,000 - Over Conditions 1. Completion of the Decade of Excellence Bond Program Capital Improvement Plan by March 31, 1991. 2. Completion of 40% of the bond construction projects by September 30, 1991. 3. Favorable cooperation with City staff as determined by the Ci ty f<Ianager. 4. Overall player satisfaction with pro shop service and course condition as determined by written complaints to the City Manager. (Unresolved by Course Manager). 5. Generally improved course condition as determined by the City Manager, meeting at a minimum the following standards: A. No weeds in the greens. B. No more than 10% weed coverage on the tees and in the defined fairways. -3- '·"·1 ~J. t11 w~ ~c. I .:> urrll.-I:. It.L NO. 4Ur 218 4755 Dee 06,91 17:38 P.02 . . ADDENDUM. NO. 3 TO MANAGEMENT AGREEMENT ThIs Addendum to the Management Agreement of January " 1, 1991, 1s entered 1nto by and between the CITY OF DELRAY .' - BEACH, ~LORIDA (~;e1naft~r ref~rred to -as "C1ty") and·· DUBIN . .. ~ 'oj. ~ASSOCIATESt INC. (hereinafter referred to as "Dub1n") on 1:hlS ____ day of Dece~er, 1991. . . W I ·T N E ·S SET H: WHEREAS, the City and. Dubin covenant and agree to amend and modify the Management Agreement entered into on January 1, 1991 in order to pJ;'ovide for the payment of a . . . - performance bonus to Dubin. -. . WHEREAS, the City clas·ad the De~ray Beach municipal . . golf colirse for approximately three months in order to under- .~.:r~cc..w"""",: take improvements to·the golf course, and as a result the golf course did not produce any revenue during that time. WHEREAS, the city recognizes that closure of the course was not contemplated at the ~ime the part1es entered into the Management Agreement, and if the course had not be~n closed, the City would have paid Dubin a greater incentive payment. -- NOW, THEREFORE, in consideration of the mutual _" 0" -- covenant8, 8tipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. . . . --., ...... , ..,. ,-,I ..I..'-'~ 1 l-l- I1U· ,,-+1..) I ~IO ~(~~ vec uo,~l 1(:38 P.u3 - - . . - . . 2. Notwithstanding the payment provisions contained in paragraph 6 of the Management Agreement, the City Commission may grant a performance payment upon written request from the Contractor prior to December 1 of the contract year. Consideration for the performance payment would be due to unforeseen circumstances atfecting the· .~et profl~ calculation, .. .....~~ .--. . .-. ._=- . .,~. \. such filS cour8e closure due· to . storm damage or capital ,. improvements. 3. The provisions ·of this Addendum 'shall apply retroactively to the Management Agreement as of January 1, 1991. 4. All the terms and conditions of the Management -Agreement of January 1, 1991, ~he Addendum No. 1 of October 10, 1991 and the Addendum.. No. 2 of December -' 1991 not in conflict with the aforementioned conditions. of this Addendum to --- . "r.t:~.+oManagement Agreement of January 1, 1991 remain in f-tJd.d.,~ . force and effect. IN WITNESS WHEREO~, the parties hereto have set their hands, the day and yeår first above written. ! WITNESS: DUBIN ASSOCIATES, INC. BRAHM DUBIN, VICE PRESIDENT I ... i WITNESS: CITY OF DELRAY BEACH --- ... ""::'- -. . .--_.. _. City Clerk Mayor : Approved as to Form: City Attorney 2 ,. ,,¡ - -..---.----,--.'--.-.-- ...., . , n dew í lpp1~ . <3 -Iv ;:;2- ,J, MEMORANDUM ,¡:J1JJS -r 'f¡:¡ If h TO: MAYOR AND CITY COMMISSIONERS (. /IfIÐ J,ssw/tIJ<¡) FROM: CITY MANAGER (.ill. SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10 1991 FORMER ENCLAVE IMPROVEMENTS/AWARD OF CONTRACTS DATE: December 6, 1991 ~ This item is before you to~etermine whether ductile iron or PVC pipes should be used to mak water and sewer improvements in former enclaves located on Lake Ida ~, Germantown Road, and North Federal Highway; award the bid for the construction improvements, Man-Con, Inc. (Lake Ida Road and Germantown Road) in the amount $1,564,306.20 and Gateway Construction (North Federal Highway) in the amount of $1,238,905; and, approve a budget transfer in the amount of $328,476.20. With regard to the first item, on staff's recommendation Class 52 ductile iron piping was specified in the base bid for this project. The impetus for this recommendation was the City's past use of this material and the proven durability of this material during adverse conditions. If the City elects to substitute either Class 50 ductile iron or AWWA C-900 PVC piping for the pressure piping on the project, based upon the bids received, the total contract amount could be reduced by $25,594.40 (Class 50 DIP) , or $91,806 (C-900 PVC) . Likewise, the North Federal Highway project could be reduced by $5,100 (Class 50 DIP), or $47,000 (C-900 PVC). Secondly, it appears that the apparent lowest total project cost can be achi eved by awarding two separate contracts. The bid by Man Con, Inc. , for the Lake Ida Road and Germantown Road areas, in the amount of $1,564,306.20, plus the bid by Gateway, for North Federal Highway, in the amount of $1,238,905 total $2,803,211 which is approximately $1,022,593 below the estimated total cost for this project. Lastly, in conjunction with the bid award, staff has requested authorization to transfer $328,476.40 from the 1991 Water and Sewer Revenue Bond Non-Operating Contingency (Account No. 447-6111-581-90.11) to 1991 Water and Sewer Revenue Bond Enclave Water/Sanitary Sewer (Account No. 447-5167-536-60.31). Ida¥~ and Recommend awarding the bid to Man-Con, Inc. (Lake Germantown Road) in the amount $1,564,306.20 and Gateway Construction (North Federal Highway) in the amount of $1,238,905 using Class 52 ductile iron pipe; and, approve a budget transfer in the amount of $328,476.20 from the 1991 Water and Sewer Revenue Bond Non-Operating Contingency (Account No. 447-6111-581-90.11) to 1991 Water and Sewer Revenue Bond Enclave Water/Sanitary Sewer (Account No. 447-5167-536-60.31). , ~ ~.. ._._~-". ·/ . At1-~ ./' ®- 51 _15"- G Engineers - Planners ~ Economists - Scientists October 30, 1991 SEF30787.DO Mr. William.H. Greenwood Director of Environmental Services City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Dear Mr. Greenwood: Subject: Provision of Water and Sewer Service to the Former Enclave Areas - Lake Ida, Germantown, North Federal Highway Areas Service Authorization No.4 Four bids were received on October 25, 1991, for the subject project. All bids are responsible and in the proper form. Minor arithmetic errors, which do not affect the outcome, have been corrected on the attached bid tabulations. Man Con, Inc. of Pompano Beach, Florida was the low bidder for the total project (Schedule E), in the amount of $2,859,950. This is below our cost opinion of $3,825,804. If the City elects to substitute either Class 50 ductile iron or A WW A C-900 PYC for the pressure piping on the project, the total amount will be reduced by $25,594.40, or $91,806, respectively. An award to Man Con for Schedule E could produce a bid protest from Gateway Construction Company, however. Gateway Construction Company of Pompano Beach, Florida was the low bidder for the North Federal Highway Area only (Schedule B), in the amount of $1,238,905. This is below our cost opinion of $1,681,894. If the City elects to substitute either Class 50 ductile iron or A WW A C-900 PYC for the pressure piping on this portion of the project, the amount for Schedule B will be reduced by $5,100, or $47,000, respectively. The apparent lowest total project cost to the City can be achieved by awarding two separate contracts, one to Man Con for the Lake Ida and Germantown Enclaves, and one to Gateway for the North Federal Highway Enclave. This will CH2M HILL Southeast Florida Office Hillsboro Executive Center North. 800 Fairway Drive. Suite 350 305.426.4008 Deerfield Beach. Florida 33441 407.737.6665 e e . , Mr. William H. Greenwood Page 2 October 30, 1991 SEF30787.DO result in a total project cost of $2,803,211, without consideration for alternate pipe selection. We do not recommend implementation of alternate pipe selection. The base bids are well below our cost opinion and in discussions with you, the City's preferred pressure pipe material is Class 52 ductile iron, the City standard. We feel the slight additional cost is warranted due to long-term durability of the material and to maintain uniformity throughout the distribution system. We will also need to renegotiate the fee for engineering services during construction, which we estimate will be increased by approximately $30,000, due to the increased effort necessary to administer two separate construction contracts. We have checked references of Man Con and Gateway and found that they have successfully completed work of a similar nature, including City projects. We recommend that the City accept the bid or combination of bids which will fit the City's budgetary limits and will best serve the City's interest, in accordance with the bidding documents. Please call if you have any questions. Sincerely, CH2M HILL ßJC~ Brian A. Shields, P .E. Project Manager dbt120/016.51 Enclosures cc: Ted Glas/City of Delray Beach John Curtiss/CH2M HILL '---"-'---""-'~ ~ . - .: :'. '. -: ' .. . . - - ::.. -. Vri.. , ,¡, ..... .... ( - - ~ ç /' G - ,I] I r; '- - '-") r '- ¿ _ Engineers . _ Planners Å’:I!1l1l1I EconomIsts _ Scientists November 19, 1991 SEF30787.D1 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: Subject: Provision of Water and Sewer Service to the Former Enclave Areas Service Authorization No.4 In response to your letter dated November 12, 1991, regarding the advantages of using ductile iron over C900 PVC for the pressure piping on the subject project, the following are the relative advantages of one material relative to the other, as discussed in the literature and based on our experience: 1. Ductile Iron · Current City standard, compatible with existing stockpiled spare materials and installation and repair experiences of City crews · Lower thermal coefficient of expansion · Greater factor of safety against internal pressures and externalloads~ including beam strength and resistance to crushing · Higher tensile strength · Less dependent on installation procedures · Less subject to damage from surge pres~urès and cyc1icalloading · Larger internal diameter for the same nominal size CH2,....1 HIL~ SQuthBosf florid" Offlçe ,Yil/söoro Ëxecurlve Center N(}rrt\ SOO FofrwOY Drl.8, S:.¿ite 350 3C5.';26.4CCB f)4,Q~;~ ',-J ~OI"f.....Þ-: ,~ir":,Ir1t'~ ,11...1~ 1 ~:., 7 i" ~ ,Á':'';':; ,. -..... ! í .\ J ~ · ~ot subject to weakening of pipe wall from scratching or gouging · Not affected adversely by sunlight · More easily located by repair crews with conventional meta] detectors 2. Polyvinyl Chloride (PVC) · No internal lining necessary · No external protection required against corrosion · Less frictional resistance to now · Lower initial cost · Lighter weight · More flexible We specify and approve either material, but generally our cliems have a standard or preference based on the above and their own experience, for example, the greater - resistance to crushing and weakening from gouging of ductile iron pipe may be seen as offsetting the lower initial cost of PVc. If you have any questions, please cal1 me. Sincerely, CH2M HILL f3-.-~ Brian A. Shields, P .E. Project Manager dbt120/023.51 cc: Bill GreenwoodlDelray Beach George Abou-J 80udeIDelray Beach John Curtiss/CH2M HILL "---" "..----- ....-- · M E M 0 RAN DUM TO: David T. Harden City Manager FROM: George Abou-Jaoude Deputy Director of Environmental Services/P.U. SUBJ: BID AWARD/ENCLAVE/WATER & SEWER PROJECT # 91-25 DATE: November 11, 1991 Attached please find recommendation, bid tabulation and tentative .awards to the project stated above. Staff agrees with CH2M Hill recommendation to award Man-Con for Lake Ida and Germantown enclaves and Gateway for the North Federal Highway enclave. GATEWAY MAN-CON North Federal 1,238,905.00 Germantown 824,478.20 Lake Ida 739,828.00 SUBTOTAL: 1,238,905.00 1,564,306.20 TOTAL: $2,803,211.20 CH2M Hill COST ESTIMATE: $3,825,804.00 Funding: Account 447-5167-536-60.31 Balance: $2,474,735.00 We recommend transfer $328,476.20 from account 447-6111-581- 90.11, contingency. Please review and advise. Environmental Services/P.U. 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I- .- § ß~ß § ¡j¡ ~~ò a;!a ~o2&fi ~ gß-c Å’~Å’ ~~!JJ ~ ~~~ :8 ~ ¡g ~---_. · .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 111 SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 10, 1991 SERVICE AUTHORIZATION NO. 3/ECKLER ENGINEERING DATE: December 6, 1991 This item is before you to approve Service Authorization No. 3 to the contract with Eckler Engineering, in the amount of $16,411, to design a new pump station and reroute the gravity collection system from Lift Station #86 to a new pump station site in order to accommodate a new middle school on the northeast corner of Atlantic Avenue and Barwick Road. The scope of service for this authorization provides that the consultant will design a new pump station and force main to connect to the existing force main within Barwick Road and design the rerouting of the gravity collection system on Grove Drive to the new pump station. Plans will also be developed for the removal of equipment from Lift Station #86, which will be converted into a manhole, and connecting the new gravity collection system to the old Lift Station #86. Recommend approval of Service Authorization No. 3 in the amount of $16,411 with funding from Water and Sewer Renewal and Replacement Capital Outlay/Lift Station Conversion (Account No. 442-5178-536-61.83). , ! . '\ . - . Agenda Item No.: AGENDA REQUEST Date: 12/02/91 Request to be placed on:' X Regular Agenda Special Agenda Horkshop Agenda When: December 10. 1991 Description of agenda item (who, what, where, how much): Staff request approval Authorization #3 to Eckler Engineering for the design of lift station #86/ Barwick Middle School. Design Services $12,066.75 - Construction Service $4.344.35 Total Amount' $11t411010 - Fund~442-5178-536-61083 P~#91-75 W S. (dì1\Q \ÅtÞ t ~ ~~ ~ ()ù: ~ (\.é)'\..'( ~ if <tI -H:»01 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommend approval to Eckler Engineering for Authorization #3 to design lift station #86 Amount $16.411.10 ;.,. Department Head Signature: r1-A- 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: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . ... . . ECKLER ENGINEERING CITY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: November 13. 1991 SERVICE AUTHORIZATION NO. 3 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 442-5178-536~61.83 PROJECf NO.: 91~O75 CITY 215.C1 ECKLER ENGINEERING TITLE: Lift Station #86 Replacement This SeIVÎce Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated November 6, 1991, between the City of Delray Beach and Eckler Engineering. I. PROJECT DESCRIPTION Lift Station #86 Replacement The City of Delray Beach currently owns and operates lift station #86 located on Grove Drive just west of Barwick Road and north of Atlantic Avenue. The School Board of Palm Beach County is building a new middle school on the northeast corner of the intersection of Atlantic Avenue and Barwick Road. This school is Barwick Middle School. The School Board has granted an easement to the City of Delray Beach in the northwest corner of the school property. This new pump station will replace lift station #86 and will be able to accept flows from the existing collection area plus the new school site. The project will involve the design of a new pump station and the rerouting of the gravity collection system from lift station #86 to the new pump station site. II. SCOPE OF SERVICES The Consultant shall provide a complete design of the pump station and force main to connect to the existing force main within Barwick Road and for the rerouting of the gravity collection system on Grove Drive to the new pump station. Also, plans will be developed for the removal of equipment from lift station #86 and connecting the new gravity collection system to the old lift station #86. The work shall include the following: '~'l . . , . Task 1 - Administration: Administration of the project includes project set-up, client interface, interface and coordination with sUlVeying subcontractor, quality control and invoicing. Task 2 - Field Visit: The Engineer shall visit the project site to review the conditions of the existing facilities and the location of the proposed facilities. Task 3 - Collect and Review Existing Data: The Engineer shall collect and review existing data on the pump station flows, proposed pump station flows, pump station depth and force main pressures. The Engineer will perform an analysis of this data and prepare calculations for the development of a basis for design. This information shall be submitted to the City and reviewed by the City prior to beginning design. Task 4 - Pump Station, Gravity and Force Main Design: Engineer shall prepare the drawings required for the construction of the new pump station to include a site plan, structural, mechanical, electrical and detail drawings. The Engineer shall also provide drawings to convert the existing lift station #86 to a manhole and route the gravity collection system from Grove Drive to the new pump station. Details showing the connection of the pump station to the force main shall also be provided. Task 5 - Prepare Specifications: The Engineer shall prepare a set of bidding and Contract Documents utilizing the Contract Forms provided by the City of Delray Beach. Technical specifications shall be prepared in the Construction Specification Institute format. Task 6 - Submit and Review with City: The Engineer shall submit the preliminary drawings and specifications to the City for their review. A review meeting shall be established to discuss the design and specifications and to receive the comments from the City. Task 7 - Prepare Revisions from Review: The Engineer shall incorporate agreed upon revisions made to the drawings and specifications by the City. Task 8 - Prepare Permit Applications: The Engineer shall prepare permit applications and provide assistance in obtaining appropriate approvals and permits. The Engineer shall also provide necessary sUlVeying seIVices to determine the depth and location of existing facilities as well. as the location of the easement granted by the School Board. A legal description for an easement along Grove Drive which will incorporate existing lift station #86 and the connecting gravity collection line will be prepared for signature by the City and property owner. The Engineer shall provide construction seIVices during the construction of this pro~ect. This work shall include: I~q . . . Task 1 - Bidding Services and Addenda: The Engineer shall answer questions raised by potential bidders during the bidding phase and prepare and necessary addenda to the Contract Documents. Task 2 - Bid Opening: The Engineer shall attend the bid opening. Task 3 - Bid Review, Tabulation and Recommendation of Award: The Engineer will review the bids received, tabulate the price breakdown and make a recommendation of the award of the Contract to the lowest, responsive, responsible bidder. Task 4 - Preconstruction Conference: The Engineer shall attend the preconstruction conference to review construction procedures with the selected Contractor and City. The Engineer shall prepare and distribute minutes of this meeting to the Contractor and City. Task 5 - Shop Drawing Review: The Engineer shall review shop drawings for the materials to be incorporated into this project and distribute copies to the Contractor and Owner. Task 6 - Site Visits: The Engineer shall make a maximum of 5 site visits to the project during construction to review the progress and quality of the work and to answer questions during construction. Task 7 - Review Pay Requests: The Engineer shall review partial and final pay requests and make a recommendation to the City for payment based upon the site visits and discussions with the City personnel. Task 8 - Certification and Record Drawings: The Engineer shall certify the completion of the project in substantial agreement with the Contract Documents to the appropriate permitting agencies and to the City and provide record drawings to the City based upon information provided by the Contractor. The CITY shall: 1. Provide the legal description for the new pump station site from the Palm Beach County School Board. 2. Provide all flow data from the existing pump station which is available through the City's telemetry collection system. 3. Provide any standard pump station details, required specifications and telemetry data. 4. Provide pressures in the force main to which this pump station will connect. ""f . . . , 5. Provide locations of the force main where the connection is to be made by potholing and providing a 2-inch PVC pipe to the top of the force main so that a location and elevation can be record by the Engineer. 6. Provide the City of Delray Beach standard contract documents 'to include Invitation to Bid, Instructions· to Bidders, Bid Form, Bid Bond Form, Contract Form, Performance and Payment Bond Forms, General Conditions and Supplementary General Conditions. Also provide any other standard specification document forms utilized by the City. 7. Pay all permit fees. 8. Make all copies of drawings and specifications for bidding and construction use. 9. Send bidding documents to prospective bidders and keep bid list. 10. Provide day-to-day construction observation. III. BUDGET DESIGN SERVICES - This proposal is made in accordance with Section VII - COMPENSATION, Paragraph ~ Method 1 - lump sum, page 17 of the AGREEMENT. The design phase ends upon advertising the project for receipt of bids. Task Description Title Hours Rate Amount Total 1. Administration principal 3 $30.00 $ 90.00 Engineer 1 4 $15.00 $ 60.00 Secretary 2 $ 9.65 $ 19.30 Subtotal $ 169.30 2. Field Visit Principal 4 $30.00 $ 120.00 Engineer 1 4 $15.00 $ 60.00 Subtotal $ 180.00 3. Collect & Review Principal 2 $30.00 $ 60.00 Existing Data Engineer 1 12 $15.00 $ 180.00 Secretary 2 $ 9.65 $ 19.30 Subtotal $ 259.30 4. Pump Station, Principal 8 $30.00 $ 240.00 Gravity & Force Engineer 1 16 $15.00 $ 240.00 Main Design Technician 4 52 $27.00 $1,404.00 Secretary 2 $ 9.65 S 19.30 Subtotal $1,903.30 5. Prepare Principal 4 $30.00 $ 120.00 Specifications Engineer 1 24 $15.00 $ 360.00 Secretary 16 $ 9.65 $ 154.40 Subtotal $ 634.40 1~J! . '. , Task Description Title ~ Rate . Amount Total 6. Submit & Review Principal 4 $30.00 $ 120.00 Engineer 1 4 $15.00 S 60.00 Subtotal $ 180.00 7. Prepare Revisions Engineer 1 2 $15.00 $ 30.00 from Review Technician 4 6 $27.00 $ 162.00 Secretary 2 $ 9.65 S 19.30 Subtotal $ 211.30 8. Prepare Permits Principal 1 $30.00 $ 30.00 Engineer 1 2 $15.00 $ 30.00 Secretary 1 $ 9.65 S 9.65 Subtotal $ 69.65 SUBTOTAL $3,607.25 Labor x 3 - $3,607.25 x 3 $10,821.75 SUBCONTRACT Surveying 10 $75.00 $ 750.00 Legal description & sketch of easement S 250.00 Subtotal $1,000.00 Subcontract x 1.10 - $1,000.00 x 1.10 $ 1,100.00 EXPENSES Telephone $ 20.00 Postage $ 10.00 Mileage $ 65.00 Photocopy/Blueprints S 50.00 SUBTOTAL $ 145.00 $ 145.00 DBSIGN TOTAL $12,066.75 CONSTRUCTION SERVICES - The construction portion of this proposal is made in accordance with Section VII - COMPENSATION, Paragraph A, Method 2 - Time Charges Not To Exceed Budgeted Amount, page 17 of the AGREEMENT. Task Description Ti.tle Hours Rate Amount Total 1- Bidding Services principal 1 $30.00 $ 30.00 & Addenda Eng!neer 1 2 $15.00 $ 30.00 Secretary 2 $ 9.65 S 19.30 Subtotal $ 79.30 2. Bid Opening Engineer 1 4 $15.00 S 60.00 Subtotal $ 60.00 3. Bid Review, Principal 1 $30.00 $ 30.00 Tabulation & Engineer 1 4 $15.00 $ 60.00 Recommendation Secretary 2 $ 9.65 S 19.30 Award Subtotal $ 109.30 4. Preconstruct ion Principal 4 $30.00 $ 120.00 Conference Engineer 1 4 $15.00 $ 60.00 Secretary 2 $ 9.65 S 19.30 Subtotal $ 199.30 ,.,'. . . , Task Description Title Hours Rate Amount Total 5. Shop Drawing Principal 1 $30.00 $ 30.00 Review Engineer 1 2 $15.00 $ 30.00 Secretary 2 $ 9.65 S 19.30 Subtotal $ 79.30 6. Site Visits Principal 4 $30.00 $ 120.00 Engineer 1 16 $15.00 S 240.00 Subtotal $ 360.00 7. Review Pay Principal 2 $30.00 $ 60.00 Requests Engineer 1 4 $15.00 $ 60.00 Secretary 4 $ 9.65 S 38.60 Subtotal $ 158.60 8. Certification & Principal 1 $30.00 $ 30.00 Record Drawings Engineer 1 4 $15.00 $ 60.00 Technician 4 8 $27.00 $ 216.00 Secretary 1 $ 9.65 S 9.65 Subtotal $ 315.65 SUBTOTAL $1,361.45 Labor x 3 - $1,361.45 x 3 $ 4,084.35 EXPENSES Telephone $ 20.00 Postage $ 10.00 Mileage 500 x $ .26 $ 130.00 Photocopy/Blueprints $ 100.00 SUBTOTAL $ 260.00 $ 260.00 CONSTRUCTION SERVICES TOTAL $ 4,344.35 IV. COMPLETION DATE The design report shall be complete and permits applied for within 60 days of receiving a signed Service Authorization or no more than 45 days after receiving the necessary data from the City of Delray Beach as outlined in this Service Authorization. This SelVice Authorization is approved contingent upon the CITYts acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous Service Authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorizationt the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any Service Authorization approved by the CITY to be included as part of the Contract without a further notice to proceed. - 1"'1·' > ... .. . Approved by: CITY OF DELRA Y BEACH: ECKLER ENGINEERING Date Date II/IS/q¡ J)~,4.~ Signature Donald A Eckler, Owner 6~ ¡.¡~ Print Name Witness Title Witn~ ~ Attest State of Florida County of Broward I HEREBY CERTIFY that on this date Approved as to legal Sufficiency before me, an officer duly authorized in ~DK)~ the state and county named above to take acknowledgements, persoITlly appeared 1)o~a\ð\ ~. C L.k e r: known ~'f::,T _ G-vt ~ to me to be the person in and who executed the foregoing instrument, and acknowledged before me thathefshe executed the same. SWORN TO AND SUBSCRffiED before me this \5 day of r\NtNn ~ . 19 q \ . ~ ~J~ Notary Public . My Commission Expires: 5 - J -9.3 ~~T~~~f~:~J~ ~i:T£ OF FLORIDA ~ BONDED THRU GEN£RÅl~~J·u~993 . D. 1~'1 . , . I . ~ ''';¡ ~ MEMORANDUM ~TO' MAYOR AND CITY COMMISSIONERS ~ FROM: ( i" CITY MANAGER ¡ t- 1 SUBJECT, AGENDA ITEM # qr - MEETING OF DECEMBER 10, 1991 SERVICE AUTHORIZATION NO. 7/HAZEN AND SAWYER, P.C. '~ DATE: December 6, 1991 '-.oJ ~~This is a Service Authorization in the amount of $93,000 for design, ,,~ bidding, construction and other services necessary to design water ~distribution and sanitary sewer systems in former enclave areas (Gulf ~~.S1:;reamuEst-ate~, Seacrest Subdivision, Sudan - Unit A, Silver Terrace, .IHo~e~ood pa~Lake Heights, and Del Raton Park. The s-Cõpe-of service of this authorization consists of preparation of specifications, contract drawings, permit applications, cost opinion, assistance in bidding and services during construction for the above improvements. In addition to approval of the Service Authorization, staff is requesting authorization to transfer funding from the 1991 Revenue Bond Issue Non-Operating Contingency (Account No. 447-6111-581-90.11) to 1991 Revenue Bond Enclave Water and Sewer (Account No. 447-5167-536-60.31). Recommend approval of Service Authorization No. 7 to the contract with Hazen and Sawer in the amount of $93,000 and approve the transfer of funding as indicated above. [II'"" .-C1::1-' '31 THU 1t:,: 31 I D: DELRRY ENlJ. SERl) I CES TEL t10: 407-243-7[16[1 t:l757 F'[Q - . . I' I - . Agenda. I t em No _.d___ AGE~A RgQ!!EST Date: Deçember,.i....19:i.l Request to he placed on;' 'x ~gl~lsen~. Agend" C'pe~ial Age'"'da T.T_-.....·V~\-;._... !..~p_._:_, ..i.....' ,{"",-a "'" ¥ (.. 41 "i!',..;+--.(\,,;;~'...,i__) 4i-d~' -''-.->- P'T 1... __ I .......... Wh en: 12 /1 (1/9] Description of agenda ltem (who, ,,¡hat, ,.,...here, fO'..' m'..':f~h; Re{.:¡.v:s.;.~..~.~..;.. Comro1ssion to a'pprove_Servicc Authorization No. ì wiÜl1!.~en ,and S~~~?_'C.:_,_iJ,--_~l~__: dDlollat Q f ..1.93,000. This authürizat iuu 1.s fl)[ plc1f e s s ional bervis:~-ª-_.fQL ttg'__RH:_U~'LUi des1gTl, fina~l d~sign. ~~qjn9 snvices, ,~_~constru~':2Il serv1c~.!.__~5.s..:.__:)_e..?_tg}~_,!~~L·;j~E -llil1&.L_dí~tribution and sãnita;-y s~~e.rs t:? the ~onner Enclav~ ars.£ls ~~f...Jtrpa:2.. E-,,'tift:H-; Sea..~re8t Subdivision. SUDAN-unit A, Silver Ternice, Humewuuù Pdrk, Like' ~'t'ígL~", :).,.1 \i.-d'''' ORDINANCE/ RESOI.UTION REQUlRED~ YES/NO Drdf+: }!.':'tac!:"~cj· YF:.5 :~C ?drk. !'.e(;lle~~t transfer of $93,000 from 447,"6111-581-90.11. Fee omme nd a t.l. on: _ St_tl f f re cOnìmendg Çl~LCommis s i on _~P1.:'?··;."'_~I v Ü e_ Au l''c'''~~Ü dJ:1:.:2l'. :~:':J 7~.'.áth..Jiiti.en and Sawyer.. P.C. Fundiil? soulC:(:_IÕiJl~~IL_be frcmL'iiL::<:;16.7-5;}(,-H. ~ _ ._.u. _~~.~"_ Reque.st nansfcr ofJ93J OOQ_X!:·:'il.!~ '.'i;~(). 11- l-'·;(·. __....__._ _..__ .-.__...... _,-'-'-_.-.....---"<AO___...........___.....-__~_~~._.~............_____~.__.-----...-~............__-.-....-....,,-,--....- ..__... __ ._~-~.~--_..,.---- ....-~~.." .. ____-.~ .,..__ _. '__' ,/Ì _ ~_~ ~D"( ... /7. ... ..·1 // ':>? . ¡ i f . "I·-~. deal] SlCJnatUte: _~1/~-:-~~~~t/_-Iz../S;.¡#~__________.. '11r)n of ConBistency with Comprehensive Plan.: ~___._~~.. "'T_" _._ ~..- ~ ." ""--~"------""---"""'''''''''-'''''''''''''''~-'''''''~''''''''- -_. - ---_..."---'--...- ------._~--_.~~-_._._,_.-....-...._.----_..~"--= ...~ ____.....~_ __···_________________________---.-.-c ----...---,- --------'-'---'-~.---'--- -~- - ~ ~ " '. .'11.", ;<.' .",.¡j Recommendation (If applicçd'':e)· _'_,__~._. __ ~__ ~ _.L~"~..._. _, __.,~.. -'-'....._.__ ~ .o..L-__..-"_.__~.____~~_~___.____.._____.....____.__'_.. _..,._ __.___.,'_.~.__~...___________'___~~~_~~~_____._ ..~ ~.~_. ------- ._......---....--..-------...--.-.-,---"..,. .-_.,-. ~- ....,. - .... .. .... ~ - .. .~. .' ____. _._,.~~.~ .,..~.._~-.--.--.- --"-"r''''''-n--"T-~--r- -__....--,.',.--- .'-.---..,. B;,dqet ~)J rAetor Rev.i.e\-T (required on all ite.fJ ¡ üvo'v::.ns- f"-pn~Hli . of funda): ·n'~.l.n':T a\'ailable: YES/ NO ',ding alternatives: . ',:: ,",;:::: ''', (j .~..(')unt: No. & D€:sc1.'lptIQn:~' uunun ¡\c'::0unt Balance: --_..~ ...--..-~- ,':it'l j.:a!ì2.<jer HeVl!;'W' AP:p.r;ç\'ed. f.01.' a'}f:!ì('....i: ;fÊÅ ì: NO ~1 HOLd Gntll: ~ . .....,....-...-.-- Ay!. :¡'"ð ;~':"_rdin.at,.:.:: Revlew: H\~r~e; ved: ______..........__......_... _~_, r _................,.r~~ Act. ... l' ;', ; A p P L' c.' \' e G. / [i .·L := a 1-1 ¡) 1 <.) V '" d · CITY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 7 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.) TITLE: Provision of Water and/or Sewer Services to the former Enclave areas - Gulf Stream Estates. Seacrest Subdivision. SUDAN - Unit A. Sllverterrace. Homewood Park. Lake Helahts. Del Raton Park I. PROJECT DESCRIPTION This Service Authorization represents the provision of water and/or sewer services to enclave listed above under title. The scope of this Service Authorization Is, but not limited to: preparation of specifications, contract drawings, permit applications, cost opinion, assistance In bidding and services during construction for above certified Improvements. II. SCOPE OF SERVICES CONSULTANT will provide specific services to the CITY In accordance with the following Task descriptions: Prellmlnarv Deslan Drawlnas and Construction Cost ODlnlon CONSULTANT shall prepare preliminary design drawings and construction cost opinion associated with the water and/or sewer services to be provided for the above listed enclave areas. Preliminary Design drawings and construction cost opinions shall be in accordance with Article III.B of the contract. Deslan Phase Services Under this phase of work, CONSULTANT shall provide design engineering services Including the preparation of final design drawings, specifications and contract documents and related services In accordance with Article III.C of the Contract. CONSULTANT shall produce the final design drawings on standard 4-mil, 22-lnch by 34-lnch mylar sheets. CONSULTANT shall prepare all drawings utilizing a CAD system. CONSULTANT shall furnish, with the drawings, one set of CAD drawings files on IBM PC-AT formatted, magnetic media compatible with AUTOCAD Version 10 (or later) for use by CITY. Page 1 of 6 PROSC020.BCA:12-06-91 "';1 Services shall Include preparation of detailed final opinion of probable construction cost based upon the completed final design drawings and specifications as approved by CITY. The estimate shall reflect changes In scope incorporated during design reviews with CITY staff.. CONSULTANT shall be responsible for the coordination with CITY staff and departments, and for the activities of the sub-consultants. Part of this function is to monitor progress of all staff associated with the project and to Identify critical areas of concern which fall behind schedule. CONSULTANT will maintain a detailed project schedule and take steps when necessary to insure the project stays on schedule. CONSULTANT shall submit monthly project status reports to CITY Including Primavera Project Planner updates on 3-1/2 Inch diskettes. Permlttlna Services A. Permit Applications CONSULTANT shall prepare and submit, on behalf of CITY, construction permit applications to the following regulatory agencies: · State of Florida HRS (Health Department) · State of Florida Department of Environmental Regulation · City Building Department Associated permit application fees shall be determined by CONSULTANT and paid by CITY. Blddlna Ph.se Services A. Bid Assistance The CONSULTANT shall provide Bidding Phase Services In accordance with Article n.D of the Contract. CITY will utilize standard procurement procedures for the formal advertising and receipt of bids. CONSULTANT will furnish 20 copies of final drawings and specifications for the City's use. CONSULTANT will provide document mailing and pre-bld services, such as preparation of advertisements for publication by the CITY, distribution of planholder lists, Issuing of addenda, answering technical questions during the bidding period, attending the bid opening, evaluating bids, and making a recommendation for award. CONSULTANT will prepare 10 copies of conformed contract documents for execution by Contractor and review executed Contract Documents and bonds before forwarding to the CITY for execution. Construction Period General Enalneerlna Services CONSULTANT shall provide Construction Phase services in accordance with Article III.E of the Contract. Page 2 of 6 PROSC02O.BCA:12-06-91 CONSULTANT shall provide part time resident project representation through its Resident Engineer and Engineering inspectors in accordance with Article III.F of the Contract. Part time resident project representation shall be approximately four hours per day over an eight month construction period up to a total of 680 labor hours of effort. The CITY will provide material and soil testing and inspection services as required to assure compliance with the construction documents. Also, CITY will utilize the services of a concrete testing laboratory to perform concrete tests as detailed In the construction specifications and deemed necessary by CONSULTANT. CONSULTANT shall not be responsible for the means, methods and accuracy of material testing subcontractors. Additional Services Provide additional services relating to the provision of water and sewer services to the enclave areas. These additional services may be required due to uncertainties discovered during survey, solis, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on an as-dtrected basis In accordance with a written Notice to Proceed from the City Manager. Each Notice to Proceed issued shall contain the following information and requirements. · A description of the work to be undertaken · A budget establishing the amount of the fee to be paid in accordance with the Agreemenl · A time established for completion of the work. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed In a manner that will affect schedule or scope of work, CONSULTANT will advise the CITY will advise the CITY in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to the CONSULTANT will be as negotiated with the CITY. 1. CITY will provide to CONSULTANT record drawings of all existing facilities which shall . serve as the basis for modifications Included in this project. 2. CITY will return to CONSULTANT within 10 working days after receipt from CONSULTANT, one copy of the predeslgn layout and of the 50 percent and 80 percent complete draft contract documents containing all comments to be considered for incorporation Into the finai documents. 3. CONSULTANT has assumed that all water and sewer pipe line alignment Is within CITY rights-of~way . 4. CITY will be responsible for acquisition, surveying, and legal description of easements of property required for facilities. Page 3 of 6 PROSC020.BCA:12-06-91 ''''I 5. CITY will provide to CONSULTANT records on all existing pump stations, Impacted by the enclave Improvements showing depth, horsepower, pump capacity and number of pumps. 6. CITY will observe the construction on a day~to-day basis and will provide the CONSULTANT with Infonnatlon on a dally basis concerning the progress of the work. The CITY will give prompt written notice to the CONSULTANT wherever CITY's staff become aware of any actual or suspected defect In the work of the CONSULTANT will have the maximum opportunity to mitigate any damages from such defect. 7. The wastewater in the enclave areas listed above will flow by gravity to the existing collection systems in the area. 8. Redesign or rehabilitation of existing lift stations Is not Included In this scope of work. 9. Design of new 11ft stations Is not Included In this scope of work. 10. CONSULTANT has not Included preparation of operation and maintenance manuals or startup services In this scope of work. 11. There are no railroad, canal, U.S., County or State highway crossways required. 12. Services during construction are based on a maximum of 6-month construction period. III. BUDGET The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work up to the following not to exceed cost for each phase. Total Preliminary Design and Construction Cost Opinion $ 10,000 Design Phase Services 43,900 Permitting Services 5,000 Bidding Phase Services 6,500 Construction Period Engineering Services 27,600 Additional Services (If authorized by City Manager) 20,000 Page 4 of 6 PROSC020.BCA:12-06-91 -- ___.u··~_·, . . . IV. COMPLETION DATE CONSULTANT agrees to perform the services required herein within the following time periods unless otherwise extended In writing by the CITY. Time as stated to herein refers to calendar days from the date of execution of this SERVICE AUTHORIZATION. Preliminary Design and Construction Cost Opinion 30 Days· Design Phase SerVices 90 Days· Permitting Services 120 Days· Bidding Phase Services 150 Days· Construction Pe~od Engineering Services 330 Days" Additional Services As Negotiated .. Based on no delays due to property acquisition. Page 5 of 6 PROSC020.BCA:12·06-91 ,~ " · - CITY OF DELRA Y BEACH SERVICE AUTHORIZATION NO. ...:L APPROVED BY THE CITY HAZEN AND SAWYER, P.C. OF DELRAY BEACH - DAY OF By Gary W. Bors, P.E. Vice President CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida ATTEST: By: BEFORE ME, the foregoing Instrument, this - day of 1991, was acknowledged by Gary W. Bars, Vice ATTEST: President on behalf of the Corporation and said person executed the same free and By: voluntarily for the purpose therein expressed. City Clerk APPROVED AS TO FORM: By: WITNESS my hand and seal In the County and City Attorney State aforesaid this day of , 1991. Notary Public State of Florida My Commission Expires: (Seal) Page 6 of 6 PROSC020.BCA:12-06-91 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~f SUBJECT: AGENDA ITEM # C¡~ - MEETING OF DECEMBER 10, 1991 AWARD OF BID/TENNIS COURT LIGHTING DATE: December 6, 1991 This item is before you to approve the award of bid to other than the low bidder for the Tennis Court Lighting project. The two low-bidders on the project were non-responsive in their bids in that they did not indicate what products they were bidding. The third low bidder, Ledbetter Electric, submitted a bid with nine less total fixtures than any of the other manufacturers. General Electric was the supplier. Our consultant met with General Electric representatives in order to obtain independent lab reports and documentation on the computer program used to generate the photometric report. This information was needed in order to determine whether an equal amount of lumens could be achieved with less fixtures. He was unable to obtain this information; and therefore, does not recommend award of the bid to Ledbetter Electric. As, American Lighting Maintenance is the only bid with a complete submittal, based on the specification requirements, staff recommends that they be awarded the bid. American Lighting submitted two options one for metal poles ($67,679) and one for concrete poles ($57,202). As it is possible that these lights may be relocated to another site, staff recommends that we go with the metal poles, which are easier to relocate. Recommend approval of the award of bid to American Lighting Maintenance in the amount of $67,679 with funding from 1987 Utility Tax/Tennis Center Captial Outlay-Improvements Other (Account No. 333-4145-572-60.69). ~ -& ~ r/~ &Æ - -5-0 ""1 '. ----"-----,,~,-_.__._<".,.- M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~Administrative Services 1/)/ FROM: Ted Glas, Purchasing Officer DATE: December S, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 10, 1991 - BID AWARD - BID #92-07 LIGHTING OF MUNICIPAL TENNIS COURTS Item Before City Commission: The City Commission is requested to award contract to low responsive bidder Basic Lighting Maintenance, Inc. d/b/a, American Lighting Maintenance, at a total cost of $67,679. Per the Budget Office, funding is from : ( ) . Background: Funds were allocated in the FY 91-92 budget for new lights at the municipal tennis courts. A total of $ was budgeted for this project. Scope of Service - Furnishing all materials, labor, equipment and services for the complete construction and installation of tennis court lighting per plans and specifications prepared by Thompson Engineering Consultants. Bids for this project were received on November 22, 1991 from four (4) contractors, all in accordance with City purchasing procedures. (Bid 1192-07. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your rêview. The three (3) lowest bids do not meet City specifications and are therefore unresponsive, per attached letters from Thompson Engineering Consultants. The Director of Parks & Recreation has reviewed the bids, and recommends award to the low bidder meeting the specifications, Basic Lighting Maintenance, Inc. d/b/a American Lighting Maintenance at a cost of $67,679. Recommendation: Staff recommends award to the low responsive bidder Basic Lighting Maintenance, Inc. d/b/a American Lighting Maintenance, at a total cost of $67,679. Funding as outlined above. Attachments: Tabulation of Bids Recommendation from Director of Parks & Recreation Recommendation from Thompson Engineering Consultants pc Joe Weldon ,,',I - ' v- .' .j ..:", \...._, - , MEMORANDUM TO: Ted Glas Purchasing Director FROM: Joe Weldon Parks and Recreation Director SUBJECT: BID # 92-07 TENNIS CENTER LIGHTS DATE: December 5, 1991 Attached please find the spread sheet for bid # 92-07 opened on November 22, 1991 for tennis lights at the municipal tennis courts. Attached are two (2) letters from Thompson Engineering Consultants who are the electrical engineer hired to prepare the lighting specification and make recommendations for bid award. As noted, Mr. Thompson indicated that the two lowest bidders, Power Associates, Inc. and Edwards Electric Corporations were non-responsive in there bids in that they did not indicate what products they bid. Additionally, Mr. Thompson indicates that the third lowest bidder, Ledbetter Electric, uses 9 less total fixtures than any of the other manufactures and doesn't see how the necessary lighting level can be maintained. Mr. Thompson met with the General Electric lighting representative, the product bid by Ledbetter Electric, to try and obtain the independent test lab report and documentation on the computer program used to generate the photometric report. He was unable to obtain this information and therefore does not recommend this bid. Mr. Thompson recommends the bid be .awarded to the high bidder, American Lighting Maintenance, in the amount of $67,679.00. As you know we specified poles that could be relocated to our new tennis center once its location is determined. American Lighting bid as an alternate concrete poles for- a total of $57,202.00. These are not as easily relocated as the metal poles and I concur with Mr. Thompson and re~commend th.e.b.id.. be awarded to American Lighting for $67,679.00. . -) (! r) ) '"( C~,j -<- \-Jh-/.-" Jo Weldon Di~ ctor·of Parks and Recreation ~' JW:giv cc: David Harden-City Manager , REF: TENCTRLT.DOC ------_._----,-,- - 'C I <II ( 000'" I· e 10 ... ¡:: =' cu ... 0 OOO~u 'C ..... U ... . u CII I: 'C 10'0 e <II 100N.....I:.... CO <II CII. CO..... .0 ..... GI .....0.....00 I: 'C . ... 1:.0 =' OeCC\DN~Up.. ..... 'C ... ..... (,Q t: .. .. . ... < ..... ;J.c GlO...............C.c'C .c e cu ... 'C CI)...,~\O"'-4.IQ,J CO '0 .0 » ... ..... ..... ::I <U........vr.....U ..... GI 0 GI =' ... 'C ;J .0 .. (,Q 0 ;J 10 ....:I u 0 CO 10..... U ...GI.... . GI 0 s:: . 'C "''C'C GI;JO.... 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W 0 <I I: Z 1-0 I: W 0.... 0 > 1-00 0 ,~ II ~... ..~~ ' .-- - - - - - - -- - HV....C - - PLUMBING - - - - - -... -- ILICT1\tCAl - - - THOMPSON ENGINEERING CoNSUL TANTS December 4, 1991 City of Delray Beach Parks and Recreation Department 50 Northwest 1st Avenue Delray Beach, Florida 33444 Atten: Mr. Joe Weldon, Director Re: Lighting of Municipal Tennis Courts Dear Mr. Weldon: As you know from our previous correspondence, I had some serious problems with the bid proposal of Ledbetter Electric. In order to help clarify some of these problems I met with Mr. Steve Kosowsky of Power and Lighting Systems, the local G.E. lighting representative. Although Mr. Kosowsky represented his product very well, the Questions I have still remain. Including the irregularity of the bid submittal (G.E. was not listed and did not provide , all of the required data in the bid, G.E. has a policy to not have independent lighting tests because of this we must accept the data given at face value. This is not fair to the other bidders and does not give an independent starting point for comparison. For example, we must take the manufacturers word for it that the reflector is 64t efficient. It may very well be, but without the test I cannot know that. Also, the photometric report indicates that the specifications and drawings are met with fewer fixtures than specified. Because of the fact that we cannot confirm the test data and that all other bidders submitted on nine (9) more fixtures than G.E. proposes to use, I cannot approve the bid. It is unfortunate that a good electrical contractor such as Ledbetter used this unqualified manufacturer. I will call you to discuss this ma era ~ Delray T.C.\det ABREEZE AVENUE. SUITE 202 DELRAY BEACH, FLORIDA 33483 2.74-0200 _..._~---~----~._.~ 1991 11:51 FROM - ,... "-- . . . --- ... .. GE U,ltting $yJt4m1 \,>\'1"" ~ik( ì li¡1ItÎ/Iß $rItfm _ftfr.~t (;,,,,,11 !fIctrt Cøt1; /If H~~ìIIf. NC 28738 12...03-91 TO: steve Kosowsky - Power Q ~19htin9 syste~s, Inc COP~: FROM: Mike Sauer - pro4uct Manaqer SUBJECT: ~owr*Spot Photometric Test ~ata steve, per our eonvarsation, it is not Gi Liqhtinq systems normal policy to send out tor independent photQmetric test data. All of our Photo~etric Test Programs were wri~~.n ~y Bill Brackett, the owner ot !TE~. Hew ever, when we have ha4 outside te$t1nq done on our pro4uets the photo~etric. qenerally comè back with 2' better total efficiency an4 a little higher ca~dlepower. So we are tougher on oursêlve. than the outside labs are. GE Li9htinq systems Itan~. behind and guarantees the photometries wa pUblish. If you do have a spec that requires independent test ~at., please teal free to call and w. will 4iscuss those requests on an job by job basis. If you have any questions, let roe ~new. Se$t ~e9ards, /I!Á ""I MEMORANDUM -. TO: Ted Glas Purchasing Director FROM: Joe Weldon Parks and Recreation Director SUBJECT: BID # 92-07 TENNIS CENTER LIGHTS DATE: December 5, 1991 Attached please find the spread sheet for bid # 92-07 opened on November 22, 1991 for tennis lights at the municipal tennis courts. Attached are two (2) letters from Thompson Engineering Consultants who are the electrical engineer hired to prepare the lighting specification and make recommendations for bid award. As noted, Mr. Thompson indicated that the two lowest bidders, Power Associates, Inc. and Edwards Electric corporations were non-responsive in there bids in that they did not indicate what products they bid. Additionally, Mr. Thompson indicates that the third lowest bidder, Ledbetter Electric, uses 9 less total fixtures than any of the other manufactures and doesn't see how the necessary lighting level can be maintained. Mr. Thompson met with the General Electric lighting representative, the product bid by Ledbetter ~ Electric, to try and obtain the independent test lab report and documentation on the computer program used to generate the photometric report. He was unable to obtain this information and therefore does not recommend this bid. Mr. Thompson recommends the bid be .awarded to the high bidder, American Lighting Maintenance, in the amount of $67,679.00. As you know we specified poles that could be relocated to our new tennis center once its location is determined. American Lighting bid as an alternate concrete poles for a total of $57,202.00. These are not as easily relocated as the metal poles and I concur with Mr. Thompson and recommend the bid be awarded to American Lighting for $67,679.00. ~ cJ~j~JL~ Jo Weldon Di, ctor of Parks and Recreation . ~' Jw:giv cc: David Harden-City Manager REF: TENCTRLT.DOC ~~ ,..s-.......nn ...,. LoIn / I -- I I ~ CANDELA TRACES GrNUAL @EUCntC ! I i LOWER V£RTICAL 8EAM UPPER VE1tTICAL teAM LIGHTING SYSTEMS JUStNESS DtPAATM£NT I , 6~OO H£ND£RSONVILLE. N. C. U.S.A.. 28719 ,,,... l1li...41 ~M.t ".JJ".'I"tlhYt 'III"'IEU'W~\ pe-..fe,..,u'lC:.. PHOTOMETRIC DATA I :3 5600 PER 1000 LAMP LUMENS w 0 4800 . LUMINAIRE z ð POWERSPOT II I «000 REFLECTOR 232748-07 >- t: REFRACTOR CLR DOOR GLASS (I) 3200 SOCKET FI XED z /1 1\' w l- I ~ LAMP z - 2«00 . (I) / í\\ 1000/1500 WATi METAL HALIDf :::;) W \ \ 0 , MVR1000/U OR MVR1500/HBU/E z .600 l '\ :æ .... ,1 ::¡ , BOO lV ,~ .A ~ ! ~ / , '... ~ -4:) ~..u - .,~ ~ ;'I\ -"II -iO -1~ -so -0 I) II ;I :\1 :11 III g ~\I 5 DEGREES VERTICAL - MARKED LINE HORIZONTAL - SOLID LINE I I UMEN DISTRIBUTION - ISOCANDELA CURVES AVG. LEFT AND RIGHT SIDES HORllONTAL ANGLES - OEGREES - ~ 0 ~ 0 è5 20 !j 0 , 27 1~ .4.2 0.3 0,3 0.3 0.4 0.4 0.5 0.6 0.7 0.7 2.. ~ GENERAL INFORMATION I , - ~.o 15 5.4 0.3 0.3 0.3 0.4 0.5 0.6 ...Q-rl! 1.1 a: NEM TYPE 4h x 3v I - 21 ~ 1.. . 8.2 0.3 0.3 0.4 0." 0.6 1.A'.9 L~ ~ 2.1 19 ~ BEAM SPREAD 43"VERT. I-- ~B ....-r.9 50· HORtZ. 1~ 11.0 0.3 0.3 0.4 0.5 1.4 2.6 2.9 I-- )":'8 ~4 15 BEAM EFFICIENCY 5-4% 12 1-4.0 0.3 0.3 0.4 O.~ 1.2 2.~ 3.7 BEAM FLUX 538 LUMENS I ~ ~ o .j; ,A.6 l.A":1 12 11 ã 18.3 0.3 0.3 0.4 1.1 2.1 6.2 9 MAX CANDELA 3244 10- 0/.8 1/6 2.~ r~ 2 ~ 24.6 0.3 0.3 0.4 6.7 L! 6 ~ BASED ON IES 1971 STANDARD I ~ 7 ¡;; 32.2 0.3 0.3 0.4 b.9 - 1.7 2/6 /e.5 r:i 11..4 a: OF ·10% MAX CANDELA I 1&1 3 ~ w_ ~ :E :3 34.!5 0.3 0.3 0.4 0.9 .8 ~.q 6.3 f4 12.1 o ~ PER 1000 LAMP LUMENS 3- I&. 0 2000 CIo z 200 400 ?oq 00 oJ I :1- 0 o (,:I MULTIPLY ALL LUMEN AND CANDEI.A :) :3 ~ 34.9 0.3 0.3 0.4 1.0 1.9 ~. j 6.5 þ.5 12.1 ~ VALUES BY THE FOLLOWING RATIO ~- ;;¡ -3 ..J :I 33,6 0.3 0.3 0.4 ~.a .8 218 \5.5 l6 12.2 ð 7 ~ RATIO. ACTUAL LAMP UJMENS - 0\7 1\6 - 2.\; \.7 ~ -6 ~ 1000 10 I 26.7 0.3 0.3 0.4 7.3 a: ! -9 ~ - o.~ 1.'5, 3:'9. 12 \II 21.8 0.3 0.3 0.3 2.3 5.9 6.9 TEST MADe IN ACCORDANCE WITH IES 2 - 3 I~.o ~1 ~ -12 APPROVED METHOD FOR PHOTO- 13 17.7 0.3 0.3 0.3 0.5 Ì'\.1.1 5.7 ~ o~ ~ -15 METRIC TESTING OF FLOODLIGHTS 15 13.6 0.3 0.3 0.3 0.4 1.) 2.4 ~ -is ~ TESTED &1711 DATE f(-~'.9J-, f-- 46 6.9 0.3 0.3 0.3 0.4 0.5 ~9 1~ ~ 2~ 5.2 0.2 0.3 0.3 0.3 0.4 0.5 ~ ....t.a..1 1.2 -21111 ~£¡ r 1 ~ . ~ APPROVE2/ ~ DATE JI."s-'D 3.6 0.2 0.3 0.3 0.3 0.4 0.4 0.5 0.6 0.6 -24 ~ -27 g ~~ '-DAn //':/01-10 4 7 ' ~.1 6 1 10.3 19.e 3L4 55.9 83.5 11111". LUMeNS - SUMMATION OF VEFlTIÇAllONES OAAWIHG Il1O. AlvIa,OH 31.8131 4130.9130.3129.2 27.2124.j 18.5/10.2 35-i78389R " !..AMP LUMENS 00 ...., OI02.40l. \ 4 1 1 3() 1 Ùt):203 ENG 11-()5- 1(100 ~IRST TEST Of A NEMA 3 SAME fIXTURE AS TEST 9010 \lEMA 3 :LR F'L T GLAS 800 fILT=NCNE 1 1000 2.6386 37 19 2 1 1 1 1 1 1 1500 -85 -75 -63 -55 -45 -42.5 -37.5 -35 -32.5 -27.5 -25 -22.5 -17.~ -15 -12.3 -7.5 -5 -2.5 0 2.5 5 7.5 12.5 15 17.5 22.5 23 27.5 32.3 35 37.5 42.5 45 5~ 65 75 85 ) 2.5 5 7.5 12.5 15 17.5 22.5 25 27.5 32.5 35 37.5 42.5 43 55 65 73 85 ) 1 :2 16 40 40 40 41 42 55 73 91 208 293 377 724 861 99g 907 9&0 921 8B2 485 385 28~ 159 111 64 44 41 37 37 36 24 :2 1 0 ) 1 3 16 40 40 40 42 43 54 72 89 205 287 369 687 841 995 946 982 908 833 468 374 280 156 110 64 43 40 37 37 36 24 2 1 0 ~. ") 1 3 15 40 40 40 41 42 53 69 85 190 266 342 598 740 Ba3 883 902 809 717 423 343 262 142 103 62 42 40 38 36 36 24 :2 1 0 J 1 3 15 40 40 40 41 42 52 66 81 175 246 316 509 640 771 821 821 711 600 379 312 245 129 95 61 42 40 38 86 36 22 2 1 0 ) 1 3 16 40 40 40 41 42 48 59 69 126 179 233 341 385 429 451 453 410 866 275 230 18& 92 74 55 41 39 38 36 36 19 3 1 0 ) 1 3 16 40 40 41 41 41 46 34 62 104 145 18G 275 307 339 353 3~7 327 297 226 187 147 79 65 50 41 39 38 36 36 18 3 1 0 ) 1 2 15 39 40 41 41 41 44 ~o 56 82 110 139 209 228 248 255 259 243 227 177 142 108 65 56 46 40 39 37 36 36 17 3 1 0 ) 1 1 13 36 39 40 40 40 41 43 45 ~s 63 72 9a 109 120 126 129 120 110 82 72 61 48 44 41 38 38 37 36 35 15 2 1 0 ) 1 1 12 35 38 39 39 39 40 41 42 48 53 59 74 81 87 90 92 87 81 66 59 53 44 42 39 38 37 36 36 35 14 2 1 0 o 1 1 10 32 37 39 39 39 39 39 39 41 44 46 51 53 55 35 55 54 52 49 47 44 40 39 38 37 36 36 36 32 12 2 1 0 o 1 2 7 27 31 36 36 37 37 37 37 36 36 37 38 38 39 39 39 39 39 38 38 37 36 36 36 86 35 35 32 27 8 2 1 0 J 1 2 6 24 29 34 35 36 36 36 36 3535 36 36 36 37 37 37 37 37 37 37 36 36 36 35 35 35 34 2~ 24 6 2 1 0 ~ 1 2 5 20 26 32 33 34 35 35 35 34 34 34 34 35 35 35 36 36 36 36 36 36 36 35 35 35 34 33 25 20 5 2 1 0 ) 1 1 4 12 16 23 26 28 31 32 33 34 34 34 34 84 34 35 36 36 36 36 36 36 36 34 33 29 26 24 16 11 4 1 0 0 ) 1 1 3 a 11 17 20 22 26 28 29 31 32 32 33 33 33 34 35 35 35 34 34 33 31 30 28 ..- 24 22 18 11 7 3 1 0 0 o 0 1 2 3 4 7 8 9 13 14 15 18 19 20 22 23 23 24 23 23 22 21 20 19 16 15 13 10 9 743 1 100 ) 0 1 122 2 2 2 222 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 110 ~.o 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 1 1 1 1 1 1 1 1 0 0 0 0 o 0 0 0 001 1 1 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 000 0 0 0 0 000 -----.-------.., . ---... _.~ .'.-. ,..,,-.-- /' lO:66AM *THOMPSON &. ASSOC. P02 \ 9 1 - - ... ~.... - - -- - WAC i - -- "LUMBING - - - - - - -- ELECTRICAL - - - - THOMPSON ENGINEtRING CONSUL rAÑTS , Nov12¡nber 26. 1991 City of Delra.y 'Bea.ch Pa.rks &nd Recreation Department 50 N.W. 1st Avenue Delray Beach, Florid~ :33444 ~e: Tennis Complex Llghling Altn: Mr. Joe Weldon. Director Dear Mr. Weldon: I've reviewed the tour (4) bids ta.ken on November 22, 1991 for the aQove proJect. and ha.ve the following comments. 1- Edward Electric Corp. a.pparently lowest bid did not conform with the specificalion·in reg~rås to the submittal requirements or section 16010. From t.heir :bid torms I do not know what products a.re being bid. Therefore, I recommenå re.jectin9 this bid. .. 2. The ~ower Associates, appa.rently the second lowest bidder, did not conform with the .pecifications in regards to the submittal requirement.s of sect-ion 16010. On t.he bid torm Proposal sheet., hand wrilten is "a6 specified manut..ct.urer.... This does not comply wit.h 16010, "ITEMS TO BE SOBMITTED W.ITH BID". Therefore, I recommend reject.ing this bid. 3 . Ledbet.ter Electric, the third lowest bidder has A completé submission &8 required by specifications. My problem with t.his 8u:bmission, which is based on General Electric SpOTtS light.s, 18 t.hat G.~. uses nine (9) less fixtures lOt.Al than any of lhe three manufacturers that were list.ed on the plans. No maint.enance tact.or or lilt. fa.ctor is listed on the photomet.ric report.. I ' It\ relucta.nt to approve this bid bec&use I do not see how a s imi lar lighting level can be maint.ained with considerãbly less lumens to start. with. To a.pprove t.his proposa.l. I would need to see the rTL report a.nd documentation on the computer program used to generat.e the photomet.ric report.. Wit.hout this information. I recommend rejection ot this biq. 4. American Lighting Maint.enance (ALM) , the highest bidder. is the only bid with a complete submittal based on the specification requirements. ALM indicated that Brooks products questioned the concrete b&se that was specified and has a memo from Brooks statin~ the base is too sm.all. __~__ .. '" .......,.... _, t....... ___ >l<TKOMPSON a.. ASSOC. P03 9 1 10:66AM I I ! I &tte~pteå to call Brooks Products. Mr. Kea.ting the aut.hor of t.he Mem.o is on vaca.t.1on for t.wo (2) weeks. This Memo is contrary to information tha.t. I've received on the required b&se size. Unfortunat.ely I ca.nnot:. confirm t.his al this tim~. It may be prudent. t.o ask ALM if they would provide an add amount. for the heavier bases in ca.se it. is found t.o be required. Also ALM has proposed concrete pOles wit.h a considerable deduct. amount of 510,477.00. This sesms like a. reasonable cest difference bet.ween the two products. My concern would be t.hat. t.he CQncret.e poles may not. be readily relocat.eable. As you recall. ~hal was one of t.he design requirem.ents. We have had project.s where it. wa.s nearly impossible t.o move a direct buried concrete pole without. destroying the pole. If the plans are still current. to sventually move t.he poles, the concrete poles may not. be a good idea. It t.hey are not. going to be moved in the future or it the deduct. locks good to you. I would accept the concrele pcles for this project. and assume that just t.he fixture. and some of the poles can be moved at a lalter date it necessary. For the above reasons. I believe that. the best. bid is that of ALM a.nd it. is in the best inlerest or the City to accept t.he bid ot ALM. The only thing that would change my opinion . would be if the GE submittal can prove the efficiency of their product is 50% +1- more than several other ma.nufa.cturers. If you have any questions plea,e call. ß::¡£~~ D8.n¡el E. Thompson. P.E. -¡--- DET/bb -' -_._---~....-."_..- .---"-' §!}QE º~~l~~§ Submit shop drawings or fully descriptive catalog data 1.n conformance with the general conditions. for items of material or equipment supplied under this contract. Shop drawings must be approved prior to purchase of equipment. i §Iß@~BQ§ NFPA National Fire Protection Association r ..t USAS United States of America Standards Institute ! \ ASTM American Society for Testing and Materials t ': NEC National Electrical Code r-i NEMA National Electrical Manufactures Association 1·--: UL Underwriters Laboratory L__ : SBC Standard Building Code U ~ltl~I1Qtl QE §11]; Contractor shall visit site and carefully examine existing ~ conditions. shall include in his bid costs which are incurred through limitations of existing conditions. ǺII1tl~ ß@ E~IÇHltl~ ; Cutting and patching required for work in this èontract shall be a.t the expense of the Electrical Contractor. All cutting and patching of existing work for the work installed under this section shall be by this contractor. [; .l.4:~S TQ BE SUBMITI'ED WITH BY'C-- Failure to provide any of the following information will be .. grounds fo~ rejection of the bid. each item listed below shall be !{ provided in the form of clear -and concise statements and/or plans ¡ ~ . Li,.: and drawings which can be easily read and clearly interpreted. Each item sha.ll be clearly lettered to correspond with· the !~ ,.. following list. Items shall be bound in the order indicated with ~ index provided. . r- . 1. Layout drawing: Overall layout design showing luminaire I ! quantity. and mounting heights. Provide this information only ,- if different from the contract design layout. If bid is based f ; on the design drawings so indicate in this section. Design layout is based on "Hubbell". LJ 2. Aiming Drawing: Luminaire aiming point plan showing focus n points and reflector types. 0 U SECTION 16010 -2 ELECTRICAL SYSTEMS. GENERAL PROVISIONS '''I , ..-"' ¡ , , 3. Luminaire Assembly Drawing: If submittal is made on luminaire assembly 4. complete drawing of luminaire assembly and attachment to the pole. Drawing sha.ll show Slze, strengt.h, type of material. coating of all components, and hardware to meet the following: l" ì ¡ i a. Entire assembly shall be capable of withstanding forces _ i equal to 125 MPH wind levels with a. 1.3 gust factor with out structural damage or misalignment of the luminaires i l on the pole. I , '--_ J Wind Load Engineer's Certification - Certified engineer. ~ independent of manufacturer, shall certify, based on structural calculations that luminaire assembly will meet or exceed structural strength as described above. , 1 b. All component surfaces of the completed assembly, U except for the reflector, hardware and fasteners, shall be coated with hot dipped galvanized ASTM A- 9 123. All hardware and fasteners shall be of an approved corrosion resistant material or coating. 1 c. A removeable lens with silicone gasket shall be attached to t.he reflector and shall be impact and thermal resistant glass. The· lens rïm shall be ~ stainless steel and shall be attached to the \ reflector with hinged cable or chain. d. The manufacturer shall provide a mechanical l_": positioning device for each luminaire on the assembly which device shall be set at the factory by t.he manufact.urer based upon comput.er calculat.ed [1 a..iming informat.ion such t.hat. each assembly is delivered t.o t.he job sit.e as one composit.e light. source. The device shall provide posit.ions for the init.ial inst.allat.ion and" provide for repositioning. r¡ of t.he aiming aft.er relamping. The manufacturer l~ shall also supply drawings showing lhe aiming point. - . localions of each luminaire. I ! 4. Compuler Models - Field Light Values D a. Manufacturer shall submit. a computer derived lighting scan, with spill/glare control showing point by point footcandle levels on the playing surface. maximum to minimum ratio, number of U luminaires and initial la.mp lumens of 110,000 lumens per lamp, with appropriate tilt factor and 0.80 ma.intenance factor. Scan shall show 3 courts 0 illuminated only. without practice wall or security [ SECTION 16010 -3 ELECTRICAL SYSTEMS, GENERAL PROVISIONS --.. ------------ lights. Scan shall show horizontal illumination levels at 36" above surface for the entire 3 court area. an area approximately 120' x 170' consisting , i of 204 (min. ) locations overall, equally spaced on a 10 ft. x 10 ft. grid. b. Manufacturer 1S to submit with this computer derived lighting scan, information on the number and type of fixtures being used and kilowatt consumption for the lighting system. 5. Computer Models - Extended Scans rï Manufacturer shall furnish system to limit spill light. LJ while maintaining the specified minimum court footcandle requirements. B a. A computer printout. shall be provided showing vertical footcandles along the west property line, ] at 65' from existing west court fence. The valves shall be calculated every 10 feet horizontally, 3' above the ground. Maximum footcandle shall be 6.0. ., 6. Equipment Model· Numbers- Written stat.ement of model j number and manufacturer for all equipment bid. Submit a packet of descriptive literature on all equipment. bid, as well as drawings and specifications of the luminaire assembly. 7. Luminaire Assembly Warranty - Written warranty from the manufacturer covering luminaire assembly and equipment \ replacement policy. [1 8. Aiming Alignment Warranty - Written warranty from the J manufacturing company headquarters covering the aiming alignment of the luminaire assembly. [') 9. U.L. Listing - U.L. listing number shall be provided. When man~facturer supplies a factory built assembly, the entire assembly shall be U.L. listed. U.L. listing f J shall be for wet locations. , ~ - 10. Verification of Demonstrated Field Technology The - f T manufacturer must submit in writing documented proof U showing a minimum of five (5) such similar lighting projects within the state of Florida where the U specifications outlined above for spill/glare control, field illumination values, and energy consumption have been met. Include the project name, contact person and telephone numbers to reference such work. f' 1I. Manufacturers Guarantee - The manufacturer shall submit in writing a letter guaranteeing compliance as to the 0 above specifications. Written explanation shall be SECTION 16010 -4 ELECTRICAL SYSTEMS, GENERAL PROVISIONS U : , provided prior to bidding as to specified criteria for i I which non-compliance is anticipated and an explanation as to why the criteria should be waived. Manufacturer r-j . . shall guarantee that system, if installed in accordance Li with manufacturers requirements. will meet or exceed the specified lighting levels. 12. Energy Consumption Performance: :1 a. The manufacturer shall guarantee that the maximum i kilowatt consumption shall not exceed 50 KW for the _ J required number of fixtures to meet t.he maintained footcandle levels and spill and glare control [J requirement.s as specified. ~gßMIIª ß~º ß~~BºYß~§ B All work performed under this contract shall comply with all local and state codes having jurisdiction, and the ..-¡ requirements of Utility Companies whose services may be used. U All modifications required by these codes, whether so indicat.ed on the plans or in the specificat.ions or not. shall 1 be made by t.he cont.ractor at. no addit.ional charge. Where code requirements are less t.han t.hose shown on the 1 plans or in t.he specifications, the plans- and specifications , ! shall be followed. , The cont.ract.or shall obt.ain all permit.s, inspections and q approvals from t.he authorit.ies having jurisdiction and bare , -~ all cost of t.he same. . , ; fðBI ~_=_PRºººÇTS , ~. U Products shall be new ot domestic manufacture. All products shall be complete when furnished. Furnish only those products which are a.pproved. Any products delivered to t.he jOþ sit.e shall not be a.ccept.ed unless the are in good, unblemished condit.ion. No í~ product will be accepted by the owner or engineer that is damaged. ; , ' - . J fðB! -ª_=_~ºIIQlLǺ~§IBºÇI1º~ ~ºº1~§ rl ¡ .\ The drawings are essent.ially diagrammat.ic in nat.ure. Location of conduit.. boxes. -out.let.s. appliances. et.c. as shown on t.he plans 0 are approximat.e only and are underst.ood t.o be subject. t.o such revisions as may prove necessary at. t.he t. ime t.he work is inst.alled. Ext.erior ut.ilit.ies as shown are not. precisely located, their exact location. shall be det.ermined before installing any U material or equipment.. 0 SECTION 16010 -5 ELECTRICAL SYSTEMS, GENERAL PROVISIONS [ --..-- -.- -~ · Arvida/ JMB Partners fltECEtVED AUG 2 2 1991 ONE BOCA PLACE 2255 GLADES ROAD. 210E ,~,6 çl~ POST OFFICE BOX 100 BOCA RATON, FLORIDA 33429-9007 TELEPHONE: (407) 241 ·7100 August 20, 1991 Mr. Joe Weldon, Director Delray Beach Parks & Recreation Dept. 50 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Joe: It was a pleasure speaking with you on the phone today. The subject of how high light poles should be is always controversial but, basically, a quality issue. I used 30' poles at Boca West, Town Swim & Racquet Club and Broken Sound - and the lighting is excellent. Tropical Tennis Courts, Inc. was the contractor and it was their responsibility to oversee the work. There was always some concern about spillage onto the main road but the difference in quality always outweighed the argument. We have had to use 20' poles at Weston and the quality of night play is not nearly as good. I never recommend the shorter poles but at times there are extenuating circumstances. Please don't hesitate to call if I can be of further help. ards, O'Brien of Club Operations JJO'B/bt O/dd.-/7( bA-u, J2 \~~ I ~ : \ P-<-S(j....--J R :, ~ -k ~ '" ~ (]~ {/V1.,4- ;::~ L y ".Ie... (, fn V-..JJ <.4 Iv J-,,.J2 <-oJ ft-. ( ~ CR" -v' ~, 10 e ;:¿ f 7" --f--/?a 1e,J.--) / ~ ( 7 Í¡ r- rl ßo.j . /h /'-fr t:P C/'...J ~ /t- J j-¿. j, «-'7 hI -/ w~ r?~EJ ..j /1 ¡, e 1Ju~hU"-Cj ,",5 µ p~e ~,~ ~~~~ trew r MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Tennis Court Lights DATE: July 2, 1991 The attached letter is from Thompson Engineering Consultants concerning the height of the proposed tennis court lights. As you- know City Commission directed staff to re-bid this project and Mayor Lynch questioned why the poles are the height specified. As noted in the letter, the smaller shoe box fixture would .be more expensive because it would require more poles and would not provide the specified lighting. You may want to discuss this with the Mayor and get his thoughts. Once a determination is made we will re-bid this project. Ù ~ Weldon ctor of Parks and Recreation JW : j mh REF:TENNISCT.DOC Attachment "..~----_...>_...._,_. ,.__.",~_.. " - ','. ~- - -'-'~ - - - - ~ HVAC - - - - - PLUMBING - - - - - - - _ ELECTRICAL - THOMPSON ENGINEERING CONSUL TANTS June 18, 1991 n I~ I " r, ~:~qr 'tECEIVED -J"". ~. u I..,..." City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: Mr. Joe Weldon Director of Parks arid Recreation Re: Municipal Tennis Court Lighting Dear Joe: As you will recall, our recent discussion concerning the mounting heights of the fixtures at the above referenced project, several factors were considered. Some of these were: 1- We need to limit spill and glare to the surrounding residential area. The taller the pole in relation to the distance between poles, the greater is the tilt angle of the fixture. This helps to reduce spill light and glare. It is recommended to have an aiming angle of around 20 degrees. Also, you don't look directly into the fixture as you would with a shorter pole. 2. In order to save budget dollars we wanted a system of poles and fix;tures that would produce the least numb e r of poles. This is cost effective for two reasons: 1) Poles and their bas e s are expensive; 2) We wanted to limit the amount of trenching and disruption to the existing courts. 3. We considered cut-off type shoe box fixtures but decided not to use them because they did not work well with high lob as the ball is lost in the darkness above the fixture. Typically these fix- tures are used in residential areas such as condo developements. Also, it wou,ld require four poles on each side of each court to obtain the same lighting level (back-to-back courts can use cornman pOles). We determined that this type of lighting was not appropriate for a municipal tennis complex and that the costs would be greater. I hope this will serve to clarify some of the decisions we made in arriving at our current design of 39 feet mounting height for the fixtures. Sincerely, 4d£ DET/bb 337 CLINT MOORE ROAD BOCA RATON, FLORIDA 33487 '407) 994-1232 FAX: (407) 241-2429 --- -".__._-_...-.--...~ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fjt-/J SUBJECT: AGENDA ITEM # ~~ - MEETING OF DECEMBER 10, 1991 PALM BEACH COUNTYWIDE PLANNING COUNCIL DATE: December 6, 1991 Attached for your consideration are three resolutions with regard to the Palm Beach Countywide Planning Council. The first, Resolution No. 99-91, provides for the sunset of the Palm Beach Countywide Planning Council. Staff has reported that as of December 5, 1991, nine municipalities have adopted "Sunset Resolutions". The County has indicated that they will do likewise. Twenty resolutions are required to sunset the organization. The second, Resolution No. 100-91, calls for the Palm Beach County Board of County Commissioners to pursue a program for a countywide planning program but only after due deliberation with other affected entities including municipal interest. The third, Resolution No. 101-91, supports the continuance of the Palm Beach Countywide Planning Council. This resolution was drafted pursuant to direction received at your December 3rd regular meeting. A detailed staff report is attached as background material for this item. ~.q9-9' ~ ,5-0 lco-'i 1-¡}ìL£Q 101- 9 J .5-0 ... · , CITY COMMISSION DOCUMENTATION MEMORANDUM TO: DAVID T. HARDEN, CITY MANAßER ~~~~ 2I"-h FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: DECEMBER 5, 1991 FOR MEETING OF DECEMBER 10TH SUBJECT: PALM BEACH COUNTYWIDE PLANNING COUNCIL Further Information: The material provided in your previous documentation (12/3) is apparently scuttled by the Board of County Commissioners ( BOCC) . The latest workshop discussion and BOCC consensus set forth the following program: * BOCC vote to "sunset" the Planning Council. * Transfer of the Planning Council Director and staff directly under the County system as a division within the Planning Zoning and Building (PZ&B) Department. * Put forth a different type of Charter provision (referendum) which will provide countywide planning (and regulatory) authority under the BOCC for the areas of water quality/quantity; solid waste; environment(?). * Other topics/subjects may be added through the initial referendum or subsequent (amending) referendum. ¿r * Establishment (through referendum) of a sort.J^"board of adjustment" which would consider and act upon double i's (Intergovernmental Inconsistencies). There is some merit in approaching the countywide planning issue in the above format. Such an approach addresses some of the City Manager's concerns which involve the "bureaucracy" which is a part of the present system. However, it would be best if the referendum would "evolve" as opposed to_it being a hastily drafted charter provision. Thus, in addition to the previously directed alternative resolutions, we now have another option to consider. The range of options now include: 1. Adopt a resolution calling for SUNSETTING of the County Wide Planning Council. I~H City Commission Documentation Memorandum . Palm Beach Countywide Planning Council Page 2 2. Adopt a resolution (formal statement) in support of retaining the existing situation. 3. Adopt a resolution (formal statement) in support of the most recent proposal. 4. Adopt a resolution (formal statement) in support of the most recent proposal including a request that wor~ing of the referendum be carefully constructed through some sort of participatory process. S. Both 1 & 4 6 . Take no action. As of the writing of this background documentation, nine municipalities have adopted SUNSET resolutions. The County has indicated that they will do likewise. Twenty resolutions are required to sunset the organization. DIRECTOR'S RECOMMENDATION: Either take no action or support the approach which was set forth at the work session, but with the caveat that occur through constructive participation. Attachments: * Resolutions for actions 1 and 4 (If a different direction is desired, a resolution can be easily constructed at the meeting.) DJK/#90/RESPC.DOC ! [ITY DF DELRAY BEA[H . CITY ATTORNEY'S OFFICE 200 NW 151 AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: November 27, 1991 To: City Commission City Attorney r From: Jeffrey S. Kurtz, Subject: Resolution Concerning Countywide Planning Council Our file #25-90.007 Attached please find a resolution which would cast a vote to repeal Article VII of the Charter of Palm Beach concerning the Countywide Planning Council. Also attached is a memorandum from Jack L. Horniman, Executive Director of the Palm Beach County Municipal League, which explains in detail the background of this resolution. We are requesting that this resolution be placed on the next December agenda. _.,- .- Should you have any further questions regarding this matter, please do not hesitate to contact the City Attorney's Office. JSK: jw Attachments cc: David Harden, City Manager Al.ic8ORtllat:GJ;egDr Harty, CIty Cle~. county.txt -- ,~,... 11"1 ;,,~Jt':,,':i ':'~·'~·"".!;';"i..;"'-."·..",.,,,·_.:·.,·, ,~?..".,..;'~ ~._. ;f':'-"-""';""""""f ':".'*""'~~ Ρ)fI1fGlL/~ Palm Beach County MUNICIPAL LEAGUE P.o. BOX 1989, GOVERNMENTAL CENTER. WEST PALM BEACH, FLORIDA 33402 (407) 355-4484 )'11:; ." . ,j '- '.. } ~/ ~r-, } . 1,"i NOI;.' 1. t V 1 ,.. MEMORANDUM ,. \.) 7991 l ,. I '" .: . ( fV¡ l1, " ./v4r··· - ·.¿t,'P"(1 I"', TO: All Palm Beach County Mayors and Manager s ., ~\ u,~r!!~'1 ~. FR: Jack Horniman, Municipa , e·Executive Director DT: November 13, 1991 RE: Palm Beach Countywide Planning Council --------------------------------------------- --------------------------------------------- At the Board of Directors meeting of November 13, 1991, the Board of Directors requested that a memorandum be sent as a reminder to all cities to carefully consider at your December 1991 regular Council/Commission meeting appropriate action regarding the Countywide Planning Council. Attached is the memorandum dated October 24, 1991 that previously explained this matter in detail. You must act within the provision of the County Charter, in the month of December only (within 30 days prior to January 1, 1992). This is simply a reminder as you will have only one time to act appropriately. If you have any questions regarding this matter, please contact this office. Thank you. ,~q :~,-",--.-.~.-......_..~-~~._~...;:;~..".__....~...<.""", "..,....,., .,.[...tiiJ~.+-i".":'''''''''-''''''''''<.--"O<'.^·i'-'''¡''''..".:",,~.".'..~,,/_·;·,.:.,;;,..ø~'-_""..';.,.'.O;'...·_:.'"_"'·" I Palm Beach County MUNICIPAL LEAGUE P.o. BOX 1989. GOVERNMENTAL CENTER, WEST PALM~. FLORIDA 33402 (~7) 355-4484 MEMOIlAHDUM TO: All Palm Beach County Mayors and Managers FR: Jack L. Horniman, 11 Beach County Municipal League Executive Director D'l' : October 24, 1991 RE: Article VII -- Palm Beach County Charter Countywide Planning Council --------------------------------------------- --------------------------------------------- The Board of County Commissioners of Palm Beach County is proceeding toward a revision to Article VII of the County Charter which would expand the powers and scope of the Countywide Planning Council or abolish it in its entirety. They have prepared an ordinance for public hearings dates that have not been set yet that would provide for a referendum to be placed before the voters of Palm Beach County on March 10, 1992 to accomplish this end. The ordinance specifically deletes the repeal provision (Section 7.19) of the current charter. This repeal provision was originally placed on the County Charter as part of the checks and balances to assure that all parties' interests were protected from the Planning Council exercising powers and authority beyond the Charter's original intent. To date, the Countywide Planning Council has spent $2.8 million tax dollars and ~ts ~urrent budget fur fiscal yeár 91-92 is $1,106,2;8. The month of Dec.ember is crucial to all local governments as this month represents the only 30 day period in the past five {5} years within which municipalities have had the abi1i ty to exercise, if deemed appropriate, the repeal provision of Article VII of the Palm Beach County Charter. As you are well aware, the Palm Beach County Municipal League has played an ac~ive role throughout the past year in working with the Palm Beach Countywide Planning Council staff and their Countywide Future Land Use Element (CFLUE) Committee in developing a future land use ele~ent that meets the intent and purposes of Article VII of the Palm Beach County Charter. After numerous hours. of League participation and expenditure of funds and resources for extensive professional legal and planning expertise, a CFLUE was approved on July 1, 1991 by a 15 to 1 vote ,",II ;_~;...<::.;t"';'~.I:!!,.~,.¿,~~~-~t~~~'j"".;..,:~,;,-.:""'~~f''i't--¡.~:¡';":"".;.</.::~~'¿>-"'~~S;'_f:~~:;t/-~ ;"~.;.~,,"-,,~... :_,~_~..,._.~.-,~_~~_:r"J ""~,,, '---';",' '~''<f' :.,':~;c'N;'_ .:-:,-,t..,,3-,,';t;.;,.~:\a,~,).",~'.'C-.,;A>'¿f;;";:; '. All Mayors and Managers October 24, 1991 Page 2 by the Planning Council acting as the Local Planning Agency (LPA) for Palm Beach County. The Planning Council recommended approval by the Board of County Commissioners who unanimously approverl the CFLUE and transmitted it to the DCA at their public hearing held on July 22, 1991. This revised approved CFLUE now tracks the language of the existing charter and is consistent with the scope and authority granted through the charter. Even though the League and the Planning Council mutually agreed on the content of the CFLUE, and the Board of County Commissioners finally agreed on the content of the CFLUE as presented, the Board of County Commissioners has introduced a proposed ordinance and ballot language to amend Article VII of the Palm Beach County Charter. This action by the Board of County Commissioners is inconsistent with the creation of a harmonious relationship among the County, the Planning Council and the League working toward the unified planning of Palm Beach County. This action by the County negates the good faith efforts conducted by the parties in arriving at a workable solution in developing and approving a CFLUE this past year. As of this writing, the proposed revisions by this ordinance would "expand" the powers and the scope of the Planning Councilor "abolish" it in its entirety. The proposed charter revision breaches the original agreement reached in 1986 between the municipalities and the County when Article VII of the charte:¡:- 'W'as approved ;:roviding a checks and balances system to monitor the activities of the Planning Council. The League's position over the past year has been consistent and unchanging. In short, the Leag1J.e has advocated that no charter revisions are necessary due to the agreement by all parties. Therefore, the League cannot support the proposed expansion of the powers and scope of the Planning Council. Further, the League would hope that the Board of County Commissioners would not jeopardize the future existence of the Planning Council, but would allow it to actually commence its charter .andated function. The Planning Council, the very body whose powers, functions and duties are being contested, adopted Resolution No. 91-5 on July 1, 1991 by a 12-4 vote. It is strongly noted that the 12-4 vote was not ,",<I .r All Mayors anè Managers October 24, 1991 Page 3 a strict municipal/county split in vote. Three (3) of the County appointees on t~e Planning Council voted for this Resolution along wi th the municipal membership on the Council. This resolution requested the Board of County Commissioners to "table any discussion and refrain from the consideration of any changes to Article VII of ~he Palm Beach County Charter." If the Board of County Commissioners forces the issue regarding expansion of the powers of the Planning Council, the municipalities would be faceè with making a decision to either exercise or not exercise the repeal provision of Article VII of the County Ch~rter. It is emphasized that the Municipal League has not taken an official policy position on this issue. Each municipality will have to make t~is decision individually. Specifically, Section 7.19 which provides that a majority of local governments, voting by resolution of their governing bodies during the month of December 1991 have the authority to abolish the Planning Council by repealing Ar~ic1e VII of the charter. It is each municipality's responsibility to place this item on its agenda for careful consideration during the month of December, 1991 since according to Section 7.19 of the Palm Beach County Charter, if any action :s desired, such action must be accomplished by resolution anå must be taken wi thin thirty (30) days prior to January 1, 1992 (i.e. during the month of December.) A sample resolution is attached for your municipality's reference and possible use. It is suggested that your clerk submi t a certified copy of the resolution to the League office, the Board of County Comzissioners and others cited in your resolution. Please forward a copy of any resolution your municipality adopts to the League c:fice immediately upon adoption. Should you have further questions regarding this matter, please contact this office. . _.__. _.___."____._ ...._ __....____._.____..._____.___.__.___.. _._.~__ _._n____. ..'_ _n___.___ __._._~___ RESOLUTION NO. 99-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO SECTION 7.19 OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA, VOTING TO REPEAL ARTICLE VII ( COUNTYWIDE PLANNING COUNCIL) OF THE CHARTER OF PALM BEACH COUNTY, FLORIDA; URGING SUPPORT FROM OTHER LOCAL GOVERNMENTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Article VII of the Palm Beach County Charter, specifically, Section 7.19 which is entitled "Repeal Provision", the local governments in Palm Beach County through their governing bodies have the ability to vote by Resolution to repeal the entire Article VII pertaining to the Countywide Planning Council within thirty (30) days prior to the fifth year anniversary January 1, 1992; and, WHEREAS, the City of Delray Beach has determined it is in the interest of its citizens and the citizens of all local governments within Palm Beach County to repeal Article VII (Countywide Planning Council) of the Palm Beach County Charter, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the governing body of the City of De1ray Beach, Florida, hereby casts its vote by this Resolution to repeal Article VII of the Palm Beach County Charter in accordance with Section 7.19 of the Charter which is entitled "Repeal Provision" and which provides that each local government in Palm Beach County has the authority, through its governing body, by Resolution to vote to repeal the entire article within thirty (30) days prior to the fifth year anniversary of the effective date, which would be January 1, 1992. Section 2. That the governing body of the City of Delray Beach, Florida, urges each and every local government in Palm Beach County to support this position and adopt a similar resolution during the month of December, 1991. Section 3. That the City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach Countywide Planning Council, the Palm Beach County Municipal League, the Board of County Commissioners of Palm Beach County, the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs. Section 4. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 10th day of December, 1991- ~;~ , M AtJI'O R ATTEST: a ¡~ 'ymWJ~ 1t! I,ffÐ !!o1J5ÿ ty C er . "';f . FR¡ ,--w - 1;4/0/91 - - . . . '---'--'--' ..~.' - ~~ RESOLUTION NO. 100-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CALLING FOR THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO PURSUE A PROGRAM FOR A COUNTYWIDE PLANNING PROGRAM BUT ONLY AFTER DUE DELIBERATION WITH OTHER AFFECTED ENTITIES INCLUDING MUNICIPAL INTERESTS; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Conunission of the City of De1ray Beach is conunitted to the principles of good planning in order to promote and protect the quality of life and to encourage and foster reasonable development in Palm Beach County; and, WHEREAS, the City Conunission of the City of Delray Beach supports the concept of countywide planning and its implementation of selected items of countywide significance provided that such a concept does not unduly infringe upon principles of municipal home rule and that such a concept involves from a deliberate process of consultation with affected entities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the governing body of the City of Delray Beach, Florida, hereby provides its support for the continued pursuit of an appropriate program for countywide planning and a forum for the resolution of matters of intergrovernmental incompatibilities provided that such a program does not unduly infringe upon principles of municipal home rule and that such a concept evolves from a deliberate, thoughtful process which includes consultation and discussion with affected entities. Section 2. The City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach Countywide Planning Council, the Palm Beach County Municipal League, the Board of County Conunissioners, and individual municipalities within Palm Beach County. Section 3. This Resolution shall take effect inunediately upon its passage. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk . Fff/LW ~ 1.;1,/10/9/ < ,< ... , FA/~W - 1;;'/10/91 ____.________ ....________._.__.,·...__n_ _.____.__.___________.___~_ .- -~.- ---~._-,-_._-~-_. ---_.._----,-- -- --..........- -- --..,----,'.---.-----.---- ---,-------~----.._._. -- --_..._.~-.-..---. --.--.--.- -- ------ RESOLUTION NO. 101-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, CALLING FOR THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO MAINTAIN THE CURRENT PROGRAM FOR A COUNTYWIDE PLANNING PROGRAM; PROVIDING FOR DISTRIBUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Conunission of the City of Delray Beach is conunitted to the principles of good planning in order to promote and protect the quality of life and to encourage and foster reasonable development in Palm Beach County; and, WHEREAS, the City Conunission of the City of De1ray Beach believes that the compromises reached in the creation of the Countywide Future Land Use Element furthers the concept of countywide planning and its implementation NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the governing body of the City of De1ray Beach, Florida, hereby provides its support for the continuation of the current program for countywide planning as a forum for the resolution of matters of intergrovernmental incompatibilities. Section 2. The City Clerk is hereby directed to distribute copies of this Resolution to the Palm Beach Countywide Planning Council, the Palm Beach County Municipal League, the Board of County Conunissioners, and individual municipalities within Palm Beach County. Section 3. This Resolution shall take effect inunediately upon its passage. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk . F Ifl ~f:.I) - /.2/10/9/ ." · ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~¡v1 FROM: CITY MANAGER (, SUBJECT: AGENDA ITEM # C\ L - MEETING OF DECEMBER 10, 1991 OFFER OF JUDGMENT DATE: December 6, 1991 We have received an Offer of Judgment from Procacci Development Corporation in the amount of $85,000. Attached as backup material for this item is a detailed staff report which sets forth the AttornéY's position in this matter. The City Attorney recommends rejection of this Offer of Judgment in the amount of $85,000 from Procacci Development Corporation in order to resolve pending litigation against the City. ~ C115 ~ ím...fAïlD, ~ . ~ þ ¢ 50)000 ~ 1./ fo / (/}nD~ D iSSEI? 7ln9 ) I~H PLEASE NOTE: Received 5:45 P.M., Friday, December 6, 1991 - [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 2()O NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278A755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: December 6, 1991 i To: City Commission , From: Jeffrey S. Kurtz, City Attorney Subject: Procacci Development Corporation v. City of Delray Beach; Our File #05-89.025 On Thursday, December 5, 1991 the Circuit Court dismissed one of the two counts remaining in Procacci's complaint against the City. The City will therefore have to file an Answer to the Second Amended Complaint by December 15, 1991, after which this matter may once again be noticed for trial. It is my estimation that if this matter proceeds through trial, attorney's fees incurred by the City will amount to an additional $30,000.00. Mr. Procacci had met with the Mayor and me on November 23, 1991 and indicated a willingness to move off of his Offer of Judgment figure of $85,000.00. Mr. Procacci has now made an offer to settle this matter upon payment to his corporation of $50,000.00. This amount is $10,000 less than the City's Offer of Judgment made in April of 1990. This offer is now at a level where our office would recommend its acceptance. While it remains our office's and outside counsel's opinion that the City's chances of success are great, the reasons for accepting the offer are several. At this point in time the net result of accepting this offer versus defending the action now appears to be virtually equal when one adds to the attorney's fees expended the potential disruption to senior level staff that a seven day trial with its attendant discovery would amount to. Secondly this matter is a contract action and it is my belief that settlement in a contract action does not lead to increase litigation over contracts as is the potential case with settlements in the personal injury area. Thirdly, there is some exposure to the City by virtue of the fact that it is true that the City would not have been able to receive any grant monies had it not been for our initial agreement and the '~';I · , . Memo to City Commission December 6, 1991 Page 2 cooperation with the Procacci Development Corporation. While that fact in our minds has no legal relevance to the case, it is central to the Plaintiff's position and may have some jury appeal. Therefore, it is our office's recommendation that this matter be settled by accepting Procacci Development Corporation's offer of $50,000.00 by paying Procacci Development Corporation $50,000.00. Should you have any further questions regarding this matter, please do not hesitate to contact the City Attorney's Office. JSK: jw cc: David Harden, City Manager Lee Graham, Risk Manager Lula Butler, Director of Community Improvement jMIl. I J /. .- ~ (1 J ., '- " ( ./ [ITV DF DELAAY BEA[H . CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7092 CORRECTED MEMORANDUM Date: November 22, 1991 To: City Commission City Attorne~ From: Jeffrey S. Kurtz, Subject: Procacci Development Corporation v. City of Delray Beach; Our File #05-89.025 Please be advised that the City has received an Offer of Judgment from the Plaintiffs in the amount of $85,000.00. The City had previously filed an Offer of Judgment of $60,000.00 in April of 1990 which was rejected. The effect of either Offer of Judgment is that if the verdict is 25% better than the Offer that was received, then the party who made the Offer of Judgment is entitled to attorney's fees and costs in addition to their judgment. In the case of the City, it seems if the verdict--..J.s $45,000.00 or less, we would be entitled to substantial attorney's fees and costs dating from the date of .'-.' ........,...., .~ -.:.~ ;¡ the offer. In the case of this $85,000 offer, if it is rejected by the City and the verdict in the case is $106,250 or more, then the City would be liable for attorney's fees and costs. At this particular time, the matter has not been set for trial and there is an outstanding Motion to Dismiss that has been filed by the City, but not yet heard by the Court. It is our office's opinion that the settlement value of this case is considerably below $85,000.00 and therefore we would not recommend acceptance of this offer. Should you have any further questions regarding this matter, please do not hesitate to contact the City Attorney's Office. This matter ~Mill be placed on your December 10th agenda for discussion and direction. JSK: jw cc: David Harden, City Manager Lee Graham, Risk Manager procac-l.txt ,·'t , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t:Þ'l SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10 1991 RESOLUTION NO. 102-91 DATE: December 6, 1991 This is a resolution extending the sunset date for the Neighborhoods Task Force until July 31, 1992 and expanding the membership and scope of service of the Task Force. At your December 3, 1991 regular meeting the Commission approved a staff recommendation to expand the membership and change the scope of responsiblity of the Neighborhoods Task Force. The expanded scope of service includes development and review of specific recommendations directed at mitigating identified code enforcement problems throughout the City, and to provide recommendations toward the adoption of new and/or amended ordinances for Commission consideration. Recommend approval of Resolution No. 102-91. ~~ 6-0 1IIf1'1· . --.- --- RESOLUTION NO. 102-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 68-90 WHICH ESTABLISHED THE NEIGHBORHOODS TASK FORCE OF THE CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO THE CITY COMMISSION, TO PROVIDE FOR A REVISED SCOPE OF RESPONSIBILITY AND ESTABLISHING A MAXIMUM NUMBER OF APPOINTED MEMBERS: AND AMENDING RESOLUTION NO. 113-90 WHICH EXTENDED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK FORCE, TO PROVIDE FOR MONTHLY MEETINGS AND A NEW SUNSET DATE OF JULY 31, 1992: PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of July 10, 1990, the City Commission adopted Resolution No. 68-90, establishing the Neighborhoods Task Force, assigning it duties and responsibilities, and setting a sunset date: and, WHEREAS, at the meeting of November 27, 1990, the City Commission adopted Resolution No. 113-90 which extended the established sunset date of the Neighborhoods Task Force; and, WHEREAS, at the meeting of December 3, 1991, the City Commission approved a staff recommendation to expand the membership and change the scope of responsibility for the Neighborhoods Task Force, and further authorized the holding of monthly meetings and a new sunset date for the Neighborhoods Task Force, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 68-90 be, and the same is hereby amended by adding a new subsection (F) to read as follows: (F) Development and review òf specific recommendations directed at mitigating identified code enforcement problems throughout the City of Delray Beach, and to provide recommendations toward the adoption of new and/or amended ordinances for City Commission consideration. Section 2. That Resolution No. 68-90 be, and the same is hereby amended by adding a new Section 4 to read as follows: Section 4. That the Neighborhoods Task Force membership shall not exceed twenty-five (25) persons. Section 3. That Section 3 of Resolution No. 68-90, together with the provisions of Section 1 of Resolution 113-90, be, and the same is hereby amended to read as follows: Section 3. This Neighborhood Task Force shall be authorized to hold monthly meetings on an onqoinq basis, and shall disband upon the discharge of its assigned tasks or by JÁ~~Átý/31¡/I~~1 July 31, 1992, unless otherwise extended by i action of the City Commission. , 'I ,I Section 4. That this resolution shall become effective 'I immediately upon its passage. I PASSED AND ADOPTED in regular session on this the 10th day il of December, 1991. ~~~ I ~ i ii ATTEST: , MAY z;;« I [1 ~ ¡ ~,-m 'frl!/ ,.}¡A ~ /In;t;¡ . i I J.ty Cle I I I I'I~ · MEMORANDUM TO: DAVID HARDEN, CITY MANAGER \JQì FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT RE: PROPOSED AMENDMENT TO RESOLUTION 168-90 WHICH ESTABLISHED THE NEIGHBORHOOD TASK FORCE DATE: DECEMBER 04, 1991 ITEM BEFORE THE COMMISSION: - - City Commission approval of a resolution amending Resolution #68- 90 establishing the Neighborhood Task Force, and amending Resolution #113-90 extending the sunset date of the Task Force, providing for a revised scope of responsibility and establishing a maximum number of appointed members. BACKGROUND: The City Commission approved a staff recommendation to expand the membership and change the scope of responsibility to the Neighborhood Task Force at the regular meeting of 12/03/91. The approval also provided the authorization of monthly meetings and a new sunset date for the expanded purposes of July 31, 1992. The proposed action provides for amendments to the original resolutions for these purposes. RECOMMENDATION: We are recommending City Commission approval of this resolution pursuant to City Commission approvals and direction on 12/03/91. ... · , Agenda I tern No.: AGENDA REQUEST Date: 12/4/91 Request to be placed on:1 X Regular Agenda Special Agenda Workshop Agenda When: 12/10/91 Description of agenda ~tem (wh~1 whatö wheg~~ how much): Resolution # -91; amendlng Resolutlon 113-9 and - 0 Expanding the Scope of the Neighborhoods ~ask torce and Providing a Maximum Number of Members ORDINANCE/ RESOLUTION REQUIRED: Draft Attached~ Recommendation: Commission Action Department Head Signature: ~-p;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: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved iIII'~. . RESOLUTION 68-90 A RESOLUTIOU OF TilE CITY COHMISSION OF TIfE CITY OF OELAAY BEACII, FLORIDA, AUTHORIZ ING TilE ESTABLISHl-IENT OF THE UEICH80RHOODS TASJI: FORCE IU FULFILLUlC POLICIES OF COHPLI-'NCE WITH TIfE HOUSINC ELEl-IEUT OF THE COMPREHENSIVE PLAN FOR THE PROVISION OF SAFE AUD ADEQUATE IfOUSING. WHEREAS, the Housing Element of the Comprehensive Plan establishes goals ~or the provision of safe and adequate housing for the City's residents through programs directed to preserva- tion and maint.enance of stable neighborhoods, stabilization and revitalization of declining neighborhoods, and to arrest deterio- ration of certain neighborhoods through redevelopment strategies, and, hliEREAS. the Housing Element sets forth polic ies and activities in pursuit of those goals; and, hlIEREAS, during goal setting sessions conducted by the Delray Beach City Co,.._~ission in April and Hay of 1990, the City Commission identified issues associated with -neighborhoods- as an item of high priority and great concern; and, hliEREAS, staff resources have been allocated and assigned to cor.-.mence with the implementation of policies and programs within the Housir.g Element; and, t-iHEREAS. the City Corr.zn i s s ion desires a high degree of citizen involvement and neighborhood representation in initiation of the program, NOW, THEREFORE, BE IT PESOLVED SY THE CITY COMMISSION or THE CITY OF DELAAY BEACH, FLORIDA, AS FOLLO\aiS: Section 1. There is hereby established the 1\d-lIoc Neighborhoods Task Force which shall consist of members as appointed by the City Co~~ission and which shall pursue and make recommendations to the City COl'Mllssion, through the Planning and Zoning Board, with regard to the followinq: (At Which, includinq all, of the proqrams and activi- ties set forth in Goal Areas -,,- and -S- of the Housinq Element should be implemented along with the priority and timinq of each, (8) The type of rehabilitation, revitalization, and lor residential redevelopment effort which should occur In residenthl areas set forth in Policy S-3.1 of the Housinq Element and to other areas identi tied as requirinq -revitalization and lor rehabilitation- or requirinq -stabilization andlor revitalization- on the Resident ia I Neighborhood Categorization Hap, Fiqure H-S, Housing Element. (ct Refiner:-:ent of the above geographic areas, identi- !ication of -neighborhoods· within them, including establish~ent of such a -neighborhood- designation if one dcl's not currentl}" exist and the ident if i- cation of i:\c!ividual s Hho most appropriately represent those neighborhoods. (OJ Peconsideration of priorities, iSS assigned in the t!ous i ng £!l'r.ent, for neighborhood improvement Droara~. and activiti... . -2- I~',! , , . . . (E) Other items which ~ay hereafter be referred to the Task force by the City Commission, and other items which the Task force, itself, may wish to bring to the attention of the City Commission. Section 2. The Neighborhoods Task Force sha 11 immedi- ately pursue its assigned tasks with a target of accompl1shinq Task (A) by the end of August, 1990, Tasks (B) and (C) by the end of September, 1990; and Task (D) by the end of October, 1990. Reports relative to each task shall be prepared and presented as the tasks are completed. Section J. This "elqhborhood Task FO~l disband \::s ,--l~ -3 t) ~qL upon the discharge of its assigned tasks or by ~, 19~ unless otherwise extended by action of the City Comm sion. PASSED AN~re9Ular session on this the 10th day of JlrIly, 1998. . / .19"11 . ~~ , H A 'l 0¿p' ATTEST: /) . . , l .. ..- ~ . ,: /,',1,"';" "(1'''' (.. r I . ~ J ...., . . . City Clerk I ~ ~/ ~- ~ ~~~~~~....4~ (f I - ~ t~ ~~ . . a:I'- - r~ ~ ~ S ~-%-~~d?br. Æ.Æ~'" ~.a-.tZ ðZ~_<-ù o,¡¿,::Q '- ~~~~.d.~ ~~0-- ~ ~ ~~/~ . ._ - #1$~~- ~ ~ C~~r ~ ~: ~ IVT~ ~···4 þ~ ~#~ ?-5~i -3- . I.'~ . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS I FROM: CITY MANAGER L). SUBJECT: AGENDA ITEM # - MEETING OF DECEMBER 10, 1991 APPOINTMENTS TO CODE ENFORCEMENT BOARD DATE: DECEMBER 6, 1991 The terms of Joel Port (engineer) , Susan Gracey (archi tect) , and Perry DonFrancisco (businessperson) on the Code Enforcement Board will expire on January 14, 1992. Mr. Port and Ms. Gracey are eligible for reappointment and would like to be considered for same. Mr. DonFrancisco is not interested in reappointment at this time. Mr. Port was appointed as an alternate member in December, 1985, and was subsequently appointed to fill the unexpired term of a regular member. He has served one full term as a regular member from January 1989 to January 1992; therefore, he is eligible for a second term. Ms. Gracey was appointed to the board in September of 1990 to fill the unexpired term of a regular member. The City's code provides that each regular and alternate member of the Code Enforcement Board shall be a resident of the City. Further, appointments to the board shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The term of appointment is for three (3 ) years, pursuant to Florida Statutes. Hence, these appointments will serve from January 14, 1992 through January 14, 1995. The following persons would like to be considered for the above vacancies for engineer, architect and business person: Richard Brautigan - architect Joseph Pike - engineer Beril Kruger - business person (currently serving on the Code Enforcement Board as an alternate member) Rr-tf)dol ph - ~ Jcsl Poe-+ m~oe - I I StLSAn GeI1C!&¡ mOLc...W - A-ppoin·h.D ß E£.i L ~q~ To: Mayor and City Commissioners Re: Appointments to the Code Enforcement Board December 6, 1991 Page Two The following laypersons would also like consideration for appointment: Rosalind Murray Sid Soloway Anthony Veltri Horace Waldman Stanley Watsky The particulars for each appointment are set forth below, including the appointment sequence based upon the adopted rotation system: (1) Engineer - Regular Member Term ending January 14, 1995 Appointment by Commissioner Randolph (Seat #4) (2 ) Architect - Regular Member Term ending January 14, 1995 Appointment by Mayor Lynch (Seat #5) ( 3) Business Person - Regular Member Term ending January 14, 1995 Appointment by Commissioner Mouw (Seat #1) Recommend appointment of three regular members to the Code Enforcement Board. I~'! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PAUL RICHARD BRAUTIGAN -.---.---.- NAME 2877 S.W. 2nd Street, De1ray Beach, Florida 33445 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 80 Depot Avenue, Delray Beach, Florida 33444 -_. PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ._-- (407) 243-7944 (407) 272-9086 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Human Relations, Housing Authority, Historic "Preservation, CAB ; Cé..fL t ~ P I." B , LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None ~DUCATIONAL QUALIFICATIONS R. sr.r .-.iD-ArC'ni ¡-PC'¡-llr~l S¡-Hdiea.Jla.~.A&M University _--B--Ar~h; -pr -~Allnllrn TTn;vP1"!':~ ._------ - -~---- ------- ------ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. ~ëgrstëred Arch1. teë f -¡1'lõfiãã-;-cërt: if ied Bu1.ldmg -uf"fî~--------- -- ------- ---------- ---------- GIVE YQUR PRESENT, OR MOST ~18~¡ ~8tJk\, ~ Pp~¿TION _________ "Pres1.dent, Architect, Owner, R S,. -- -- - - -- --------- , ----- ,--~~ --....- . -- - - DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Experience 1.n Low~come Housing, H1.st:or1.C ~reservat:1on,~s1ðen~ of 5~h Florida 38 years - ------ --- ---------- 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- PLI ATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY REC IVE. I alq ù 7/90 v<:J111L ~ ------.-----,.. -----.---.--.--- -~1!LJe¿i--_--- _______ __ DATE - ~~ - -~----- - --" ~--- ------~- GAS.. -- ---- . -. - Group A 1"~hftect111"ë South About Paul Richard Brautiqan------------- Inc. P. Richard Brauugan experience in Southern Florida, Architect with over 20 years Mr. Brautigan has been in private practice over 4 years in Delray Beach. Holding Architecture degrees from Florida A&M University and Auburn University, Mr. Brautigan has designed over 4,000 housing units and buildings as tall as 36 stories. A native of Ft. Lauderdale, Mr. Brautigan brings his philosophy to bear that buildings should be sensible as well as belong to the site they occupy. Having designed an extraordinary amount of diverse building types from a native 'Cracker House' to the highly acclaimed Saint Demetrios Greek Church in Ft. Lauderdale to the wonderful Gold Coast Railroad Theme Park at Metro Zoo. Currently, Mr. Brautigan has purchased the historic Seaboard Air Line Railroad Station in Delray Beach and has started the restoration of the building for the relocation of his firm, Group Architecture South, Inc. - Group Architecture South, Inc. was founded in Delray Beach in 1983 by Mr. Brautigan and currently maintains a staff of 2 architects, 4 technical support personnel, 1 field manager, 2 interior designers and 2 clerical supports. The reputation of Group Architecture South, Inc. has been built on the highly creative Architecture of Mr. Brautigan coupled with the technical clarity and technical completeness of the firms Construction Documents. Mr. Brautigån was selected as Architect for the personal houses of such notables as Edward Ledder, Chairman of the Board of Abbott Laboratories: Warren Thomson, an internationally known Wall Street trademark attorney; J. Allen Jones, fo'rmer corporate counsel of Eastman Kodak; Colonel Robert Conlin of NASA, Jack Gaines and Nathan Architecture Miller, prominent South Florida Developers; Jerry Baxter, Land Planning president of Corporate Design Interiors. Graphic De81~n Mode 8 Golf Course As Frank Lloyd wright so aptly stated, "Give back the sloganArcbttecture 'a good copy is better than a poor original' - to those whose desire for success out-measured their capacity to perform and who framed it in self defense." I \ close examination of Mr. Brautigan'sarchitecture reflects ~he originality, principles and truths of which Mr. Wright spoke. 100 East Unton Blvd. Suite 202-A Dell..}, Beach. F1. 33444 (3015) 272-9086 ---,...'-- H U_ GA8__~_ --- - ---.-.-- - --- -..-,-- - -- Group Arch t tecture South Inc. P. RJchard BrautJgan Client List demonstrates the unique and Architect The following di verse types of. indi viduals, developers, etc. who found Group Architecture South, Inc. Nathan Miller - Developer personal House Jack Gaines - Developer Personal House The Babcock Co. - Developers Cloverbend. Versatile Investment Properties - Developers Windwood Restaurant - Delray Beach Po Folks Lennar Homes - Developers Boca Chase Diamond Equities - Developers Diamond plaza Gold Coast Railroad Museum Theme park Greek Orthodox Community of Broward County Church Edward Ledder - Chairman, Abbott Laboratories Personal House farren Thomson - Trademark Attorney Personal House J. Allen Jones - Attorney,Eastman Kodak Personal House Whitehill Developers Hampton Club Steven Whitehill - Developer Personal House Henry Whitehill - Developer Personal House Hobe Sound Associates - Developers Hobe Sound Golf Club Holiday Inns of America Hotel - Maimi Jerry Baxter-Pres.,Corporate Design Int. Personal House Richard Bagdasarian - Attorney Personal House Castle Lake Corporation Apartments - Akron, Ohio Kissimmee Station - Kissimmee, Fl. Railroad Station Rehab. Louis Vitale - Attorney/Former Judge Personal House Architecture Land Planning Graphic De81~n Mode 8 Golf Course Architecture { , ( 100 Eut Unton Bh'd. Suite 202-A Velra)' Beach, tL 33444 (30fi) 272-9086 · -..- . Rvt.. . CITY OF DEL~.Y BIACR ~. BOARD HEMBER APPLICATIO. ~~I\.~. GP~~Y NAME , pð ~ ~oì , HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) DG:-~Y ~^é~, l=='L..A. 33~ì- 3ðÎ' PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP De~lt""""N ~BLr== __.::::- ¡Ac DL"':+4- \ ~\'t J ~ & .Æ-()Î - "'Z- ì 7_ - 1 4C?J ~ r-Jtl 11"\ HOME PHONE BUSINESS PHOHE OR WH~T BOARDS ~YOU INTERESTED IN SERVING ~y -~ e=- ~ . .1'-'1 8^-.J .. . LIST ALL CITY BOARDS ON WHICH YOU ARE CURRERTLY SERVIRG OR HAVE PREVIOUSLY SERVED (Please inolude da tea) ,....¡~ rJ8" - . EDUCATI~AL QUALIFICATIORS ~~17~ A9r~ '''1. ~Ir~ . . . , ...d ~ .. -- ~ - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AID LICBNSIS WHICH YOU HOLD. .......------ ----- - GIVE YOUR PRESENT, OR HOST RECERT EMPLOYER, ARD POSITION ~r- -- DESCRIBB EXPERIENCES, SXILLS OR ICROWLEDGE WHICH QUALIFY YOU TO SERVE ON I T~~~~A~r~~~ FII~t? ÇD::~;~f~"YP~I_'~~ sc~:~ ~~ APpL_J".~nJL7S.. ì1""" _I:2.~ ""t II. "") £J~ pl~~ ~ ~~ t;;t:.... /?1=- tSu Il-Q I ~(;:;f . PLEASE ATTACH A BRIBF RESUME. PeL..\....¡e 12-'( eN' ~. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMERTS ARB TRUI, ARD I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF HATERIAL FACTS CONTAINED IR THIS AP- PLICATIOR MAY CAUSE FORFEITURE UP OR HY PART OP ARY APPOINTMERT I HAY RECEIVE. 9/1 ~~ 80'11 C çm:ifCf.w~--- ði~ I c¡() - ATE .... 'iii CITY OF DELRAY BEACH BOARD MEMBER APPLICATION I5E/f/L. ;<'1< u tß-6 ~ ) NAME 9' ¡t/ I:::: I ~S' T Ð Lt f.,,/4{Y sc6/ JJYYt.f ßOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) 9 ;V13 /~ S7: P,ðL~Y ßc,,~ ~3VVY PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE ~ ~ S- - ¥ 9 <53 BUSINESS PHONE ~ Ú 5-- ~ pp "3 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING C P Oc..=- ð 'v¡--¿?/èCé~ê-,I(../ r LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE· PREVIOUSLY SERVED (Please include dates) C¿lÞE £µr¿J~C-ë~G"l./T EDUCATIONAL QUALIFICATIONS B3/? ßdsIPES5 A¡)~I'V . 4-- .W Z dU/1' p¿;: S£./#/,L/R'~3 "'(/~ /~r- ¡¿J 'á,ç ) LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION jO~b-~~"~~~ ßGæ...-¿ L K,I!:- t/ ú-f:3/( , 2£l¿//V¿J. f9£).//S¿/ t., ~....v'~p~ tPtA1vPIi;-t , . I' DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD /.11/1/// ¿, t./ £' b J.t/ PðI/I.Ft..¿p~6,,(/ï" ¿¡e- eþ1ttJ'..? .t!,u).-' '&'..ø~ 1# dJ///./T"f': - /PJ/¿)LVp¿> 1"</ Z-au ~.u~ AÇ ~S' ~ t.,7?9--Æ/ r- ¡tf/VD ¡?""',4/A/ê~ Fc?~ ¿t::) y~ S . 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. /7-~~/9~ -j /ATE 4/90 CITY OF DELRAY BEACH Iv- Clll,lr; BOARD MEMBER APPLICATIQN ~- City, Zip Code) HOME PHONE lft¡J-='f 1f3/ 1~ ~J-£:3 BUSINESS PHONE, ~ --/ (. ON WHAT BOARDS ARE YOU INTERESTED IN SERVING í' ¡¿ 4,. p/Lnninrt lbh"Y·?j t;d:Oty1 t~:~ ~1ip;;:Z::¡:~?;;:j;;Tr~~t;~ll .. 'SeV-VILC:' LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) /Vj1 &r j,~(IJ (' ()f ,-W.eA1,t'_e ~ EDUCATIONAL QUALIFICATIONS r-ç h UN a fJ-eY.¿f- ¡ I\ ð1. t<.d!JJr'i'"' LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD /]1/ t- GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION 11 f ý1I &11 cJ,. r-ðÙVl ht &t.-\J rf- ð j)Ùflfy (11) mÞW S"; /(meKs, DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS t~~t:~~v~ ;~~:;;)~::~;~~:!l;:::;50 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. I~Ad-Il\~A~ ~/?J¡ 4/90 "., ROSlLID L. IIJRRU 4240B Village Drive Delray Beach, FL 33445 (407) 495-4431 PROnsSIOIAL mlRIDCI Kinoritf/IOIeD'S Business Enterprise Coordinator, Pal. Beach Countf, FL 7/88-present - Develop and implement K/WBE program in accordance with M/WBE ordinance. Provide certification, DIOnitoring, and compliance e¡pertise to M/WBE's and county entities. Serve as liaison between Board of County Commissioners and Jdnorit1 business conaunit1. Prepare public relations materials on K/WBE program, such as brochures, directories, and handouts. Organize seminars to educate count1 emplorees on the benefits of program as well as KBE's. Provide technical assistance to M/iBl's, assist them in the development of their business. 6/86-7/88 Jlar~eting Specialist, Kendall Square Associates - Develop marketing plans, business plans, and productivit1 analysis for small business. Prepare analysis through use of computer generated data and demographics. Identiff marketing trends that effect small business. Advice clients of areas ·of market strength and weakness. - Interact with civic and corporate organizations on behalf of client base. COIaIDicate with Purchasing Representatives; encourage sponsorship of programs that benefit clients. Develop and implement goals for use in client procurement programs. Organize seminars, trade fairs, and workshops to educate small business in the areas of Marketing, and Management. 5/85 -6/86 Sales Specialist, BurdiDes Departllat Store - AnalYle product market trends for drell department. Prepare surve1 inltrumentl; develop in store product reportl. Liaison between sales floor and buying office. Compile data used by Buyers to forecast future bU1ing seasons. 1/84-2/85 Public Relations HaDager/Marketing Consultant, Greater Pittsburgh Balin... De,elopieDt Corp. - Responsible for conceptualizing, writing copy, and editing all corporate publications including Annual Reports, brochures, advertisements, signs, calenders, and award fliers. Conceived and implemented public relations progr... and -.dia blitzes. - Responsible for preparing marketing plans, feasibilit1, and marketing studies for clients. Analyzed delOgraphic, industrial, and computer generated data. Identified client target markets. Analyzed competition in given areas. Developed market research surve1 instruments. Developed pricing, advertising, promotion and merchandising strategies. Supervised monthly Departmental billings. Prepared Marketing Group reports for Quarterly and Annual Reports. 9/82 - 12/83 Marketing Assistant, Greater Pittsburgh Baluess DevelopieDt Corp. - Prepare marketing and operational plans for use in small business loan applications. Assisted in all phases of official corporate communications. Prepare copy for client brochures. Wrote resource book on financing available for small businels. !DUCA.!IOI B.S., Hampton OnÍYersitf, HlIIIPton, VA 8/76-5/80 Major: Marketing COIOtOIIft AC!IVI!IIS Leadership Pal. Beach 1990 Pt. Lauderdale Junior Leape 1990 Kinoritf CUltural Consortiu. Board 1990 Council for Black Economic De,eloPIIDt Board/Public Affairs Chair 1988-present Amputees for !raining, Education, and Rehabilitation 1988-1989 CITY OF DELRAY BEACH R~, Idjdjq/ BOARD MEMBER APPLICATION. NAME JOSEPH PIKE. P.E. 24 NW 25th COURT; DELRAY BEACH. FL 33Jf44~- HOM£" ÁDDR'ESS (S'treét~' -City; -Zíþ' Cõcrè)""(LEGAL RtS!DtNCE) 1201 BELVEDERE ROAD. WEST PALM BEACH. FL 33405 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 407 ?.4)-n060 BUSINESS PHONE 407 655-1151 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING l. BOARD OF CONSTRUCTION APPRAT~ OR ? ~T'T'R PLAN RRVTRW ANn APPF.ARANt"'F. ROARn 3. CODE ENFORCEMENT BOARD LIST ALL CITY BOARDS ON walCH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) NONE TO DATE EDUCATIONAL QUALIFICATIONS BACHELOR OF SCIENCE IN CIVIL ENGINEERING UNIVERSITY OF FLORIDA 1985 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES walCH YOU HOLD PROFESSIONAL ENGINEERS REGISTRATION & GENERAL CONTRACTORS LICENSE GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION PROJECT MANAGER SHALLOWAY. FOY. RAYMAN & NEWELL. INC. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE walCH QUALIFY YOU TO SERVE ON THIS BOARD I FEEL I AM BEST SUITED FOR THE CONSTRUCTION APPEALS BOARD DUE TO MY WORKING KNOWLEDGE OF LOCAL BUILDING CODES AND RRGUT.A'T'TOI'iS. DESIGN REQUIREMENTS AND ENVIRONMENTAL CONCERNS. PLEASE ATTACH A BRIEF RESUME. I HEREBY CER~IFY 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. ~~ /!/Q//9r ./G ATU~ f DAtE 4/90 · Sha11owa~ Fo~ Resume Rayman & Newell, Inc. ... Joseph A. Pike, RE. Education B.5., Civil Engineering, University of Florida Professional Experience 1987 - Project Manager; Shalloway, Foy, Rayman & Newell, Inc. 1986 - Project Engineer; Stanley /W antman, Inc. 1985 ~ Project Coordinator; Palm Beach County Engineering Pertinent Experience Roadway - Design and permitting of major County and State roadways including Congress Avenue, N.W. 22nd Avenue (Delray ~.. Beach), Lantana Road, and Lake Worth Road. Also involved in the design and permitting of the backbone roadway stem for a 1200 acre industrial park as well as miscellaneous alignment studies. Land Development - Design, permitting and construction observa- tion of parcels within large-scale planned unit developments. Design and planning of master water, wastewater and drainage plans for planned unit developments. In charge of annual parks contract with Palm Beach County. Implemented design and reonovation of several parks within Palm Beach and Martin Coun- ties. Liaison for the SFRN Stuart Office, overseeing the design and permitting of all projects within the Martin and St. Lucie County areas. Specialty Permitting - Miscellaneous dredge and fill, wetland mittigation, septic tank. design and Department of Environmental Regulation and U.S. Army Corps of Engineer jurisdictional deter- minations. Organizations National Society of Professional Engineers -- American Society of Civil Engineers Florida Engineering Society Palm Beach County Planning Congress ____·m CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE .2.11-- -?Jr¿gb BUSINESS PHONE ON ~T BOARDS ARE YOU INTERESTED IN SERVING rJOP¡;' /;'4 ft'R(~,JçM¡:;'lv'r 1; Vk~P LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~ @/2.P1f' fJ¡ fi?f6F MI1¡J( p~~ f<P EDUCATIONAL QUALIFICATIONS -Þ1~ oj 5'Ç} J t-1 t;/r' I LIST ANY RELATED LICENSES WHICH YOU HOLD .....-n GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION féúUY . DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARDßdf:JJ Ctf It I/( /tJ.4:Á¡J + ,Y 13',4 ß.$:. 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. SIGNATURE DATE 4/90 CITY OF DELRAY BEACH - ßOARD MEMBER APPLICATION SltiV\e~ s. ~O lerw~ NAME -1Æ~~ j\\..(J.), \~ ~i-. C~lo~ \)et~'b~ ~~c.r~r HOME Å TREET ADDRESS:-CITY, ZIP (LEGAL RESI NCE) ) NØNtr - PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP - ~1 ~- liJ?) .s£L-.A'" HOME PHONE BUSINESS PHONE ON WHA~:~CDS ARE YOU I1ERE~ED ~~SERVrG ~ø.~ÐV\' ~\UÅ ~"'1'1"1 "'ß~ ..-- be' CUr ð ~ tt-b Ul..e C . YOU EDUCATIONAL QUALIFICATIONS ')...~ ~ dctl.~ ( .- - - --- - LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. _____~~M ,;- __ ------ GIVE YOUR PRESE~T, ~ MOST RECENT EMPLOYER, AND POSITION ~~\~-~~~~ DESCRIBE. EX.PERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. - ~ i ~ 0 '" Uo.~~~'t 't' )..0 v-.~~ 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. /1/3/90 ~~J ~T~ -_.- ~J~_______ DATE 7/9/ ~ ~ ~ .. ---.., "'"~"-'-"- . . CITY OF DELRAY BEACH ~. 0r'\O BOARD MEMBER APPLICATION .. ~..~ . ¡) t. 1./íl2l NAME 4Jí/J"oµy à 9/S:'C. " /V'W' ~ JI ' J)ðLralf- ¿frth ¡:'L, )JiI II j HOME ADDRESS (Street. City. Zip Code) (LEGAL RES I ENCE) f!r ¿. It'" .¡; .h PRINCIPAL BUSINESS ADDRES (Street, City. Zip Code) HOME PHONE [1/ 07) ~?.l J o.i.s-,¡ BUSINESS PHONE --- ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ß/Jltt-i) ðt ~ - ~ 'iP'''' / MfJtll... Cf:?-(ì) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE· PREVIOUSLY SERVED (Please include dates) /3o~~~ O} AdJ"'í"/»?t''n-l ~ C-u I{Yfp fll/ - '" EDUCATIONAL QUALIFICATIONS LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD /UoJJl- frS./I1'- v-e¿A--t.er.. fa -l3d· of. I1c1:pJ£.n,~£ GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION Ci¡:'AJ. fl4rrf"l~ ¡J II. rve-lY IN j 11.J CI '-- - ¡tp.,S J:1 C; LA), ¡:.} d¡¡ lei r 1;.. r / ';"0 v /).IJ P- y ~v ý...-' , C4S(.,/AI.."¡"rc C./A/Þ'-J I' I DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WH CH QUALIFY YOU TO SERVE ON THIS BOARD ~. 1.' i ' Of..a,JeAfP IAJ"'II~T) s}l/JI.J HI jÍ- ,e'; A"p.f /AJJ'u"JtPc~(P~bpe"'1 ~ LtÁ6a.,'t'f f!../IJI~ cSt- e.cJe,'f'Y AJI}f:UYfi" -¡;ltLI'. "/~ÞJr /1J. I'rJ ~ ~ 1A..,'VtlJ-I- Bel ð'.f /W¡t, /;o-JA 4.( ;)v A~I~,,'vA"., .; ro/¥hÞ" A/~A¿8""', PLEASE ATTACH A BRIEF RESUME. -fhA.J K §fJ.Gl I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AJ.'l 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. /:2~R~ t¥- ~ /1 - /ffo DATE 4/90 ,,"'I 9/8/87 'Ib: City caissioners 1\4.cLu~"""- "-'::-04-.:": ._.i1[~ à~·Q. . ~ ~ '1/cf/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 Ed~cation: High School plus courses in Business Admin. and Labor Management, Columbia Uni v. , 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 to various boa~s including Board of Adjustment. 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 \.. NAME f1i /I c-L BO~ ~ER APDCAT: !1 ,tJ H L0s1 s w. yf-nJ- Ä-vL ~~ &Adf- 3J1f-f-? HOME ADDRESS (Street. City, Zip Code) (LEGAL RESIDENC ) . . /Yot/L PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) HOME PHONE fo1- ì/J g -1..sf V BUSINESS PHONE tI otlL- ON WHAT BOARDS ARE YOU INTERESTED IN SERVING 1>. ~oA ) C'5 ß : fehs;~Ì\ -fund (5e\^.n'o..\~ . td. 6r LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS e,} L-L-Æ-fr£- (;¿¡, D tJA TL - B.). IH &)/ ;/£SJ A-v }J,/ HJS'Tf-fmo t-I- !1A-J o!- I H ~ ~¡)HT7~G- . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD . ~E)fU) PtiBwc- bur-fï7!<¡-/-,-<NE:J~ ì G~E YOUR PRESENT. OR MOrT RECENT EMPLOYER, AND POSITION & (5) ..t-CoMfM/¡ L.¡U/H6+ml¡ /'!~t PI+f-Tfi ~ DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ,4.t...,M 05, ~ 'I f-A fL.S 0 F- PuB 1-1 c- Aa.o ù I'fTn/ 6-- 11-1 MAl'll Aµ.A-S oF- I J{Ð VfT1-ll¡{ /!þD/lfor{ I uJ AS é:4-A J ~ A 11 0 F- ~ Bv ~ oF- Å:f>.J u 5T11E"¡¡- PLEASJ fJ.TTfcH' ~ftfflJ~ ~-J 6-/UE-i Fo~ S E.Jf;t.AL "I G..AL{ -,~ IS" f{~ t1 rJ~ -¡-;; f+.pJ) I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE Ñ~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. ,-~ . tJ~, /qc¡o S ATURE DATE 4/90 H;,I ·-..-~ CITY OF DEL RAY BEACH - BOARD MEMBER APPLICATIOR ) -5.,-1) ¡V J.. /? 'I W /'lrS.KY NAME / 7Ð9C. /1/ tJ ~~ /9 J/c DELI? /7 Y ß é7f'cl7" /i. 3.3~ HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) I )3D¡ /V ~N¿Çð¿ESS AJ/F J3Z>Yf'/77'(Vß~C{.(h:33<Y¿b PRINCÏiLE BUSINESS STREET ADDRESS, CITy,/ZIP ----- ~7~-ðD~S ;7.3 ðJ-/6 tD cO. HOME PHONE BUSINBSS PHONB ON WR~T BOARDS ARE YOU Ië:~eSTEqlqNOSBRVING , P¿d~~~~~ 2~¡J/,IV'6. LIST ALL CITY BOARDS ON WHICH YOU ARB CURRENTLY SERVING OR RAVE PRIVIOUSLY SERVED (Please inolude dates) i7 1.1 ¿¡/'-f' /9 tJ hi E""¿J9.r/ðr",r; C' hi.;? I-~~~ .. - EDUCATIONAL QUALIFICATIONS $-r. :rD H,w. .... ¿/¡,/ I y ëR S' I 7'7 ) J~y .. . - -- - ) - LlkT ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSIS WHICH YOU HOLD. ~L b-.sr;-?LÆ -__ N¡).$D - '-.¿J-rc.- .. - - -- - GIVB YOUR PRESENT, ~OST R~NT EMPLOYBR, AND POSITION /Jl CCð <.r;"7 i:-'Xërd7lJ- t1 0- t{ Ð ¡? &> L.. (rJ /v .r (/ ¡e. ~ /\/c E' Cð '!'1' .P /? ~ ~ KNOWLEDGE WHICH QUALIFY rou TO SER'/E ell H. W¡f?C/'rF''''-r J!Jð4,z /7~ߣ7Þ 13ð-~~ "-7 ~~~..I'/ð(Jëñ'~. tff:" J'I "'~ ¿',¡J( r-'./r 6. ~,..--". IVl"I/7 e-~ ð V.,s' Ð C"C!.".s-~6(../J'" / r- ~4.../'?o 1 _ I HBREBY CBRTIFY> THlor-- ALIít.~..TBI ABOVB STATEMENTS ARE TRUB, AND I AGREB AND UNDERSTAND THAT A.Y MISSTATEMENT OF MATERIAL FACTS CONTAINID IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 'ï/90 ~ -- ~7 --) ATB ""_."'--"-- · ðø )~o ~r MEMORANDUM ~~ TO: MAYOR AND CITY COMMISSIONERS ~ FROM: CITY MANAGER" ,,~ SUBJECT: AGENDA ITEM # qo - MEETING OF DECEMBER 10, 1991 CHANGE ORDER NO. l/ARZ BUILDERS, INC. DATE: December 6, 1991 This is a Change Order to the contract with ARZ Builders, Inc. in the amount of $80,685 to construct a positive drainage system for Pineapple Grove Way and extending the contract completion date by 45 days to accommodate the additional work. During the construction of the drainage system, it was determined that the required drainage could not be accommodated without connecting directly to the storm sewer. This Change Order reflects the costs of making those connections. Recommend approval of Change Order No. 1 to the contract with ARZ Bui lders, Inc. in the amount of $80,685 with funding from 1987 Utility Tax Bond Issue/Pineapple Grove Way (Account No. 333-4151-572-61.70). · M E M 0 RAN DUM ---------- TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT RE: PINEAPPLE GROVE WAY - ARZ BUILDERS, INC. ADDITIONAL SCOPE OF WORK - CHANGE ORDER II 1 DATE: DECEMBER 6, 1991 ITEM BEFORE THE COMMISSION: - - Approval for an increase in the contract amount to ARZ Builders, Inc. , to provide for additional scope of work to construct a positive drainage system for the Pineapple Grove Project. Total amount of the change order is $80,685.00. An additional 45 days to complete the work is also requested. The original contract amount was $94,153.00 and the original contract time was 60 calendar days. BACKGROUND: During the course of construction, it was found that the drainage could not be accommodated utilizing 4" P.V.C. piping running through the nodes to carry the water to the catch basins at the intersections. Both the City Engineering Department and our consultant Williams, Hatfield and Stoner determined that the only valid solution was to install a positive drainage system, providing connections to the existing storm sewer along the west side of Pineapple Grove Way. RECOMMENDATION: We recommend City Commission approval for a change order in the amount of $80,685.00 to provide for the additional scope of work, and an increase in the contract time to provide for an additional 45 calendar days. REVISED COST ESTIMATE PINEAPPLE GROVE WA¥ 12/7/199 UNIT DESCRIPTION QUANTITY UNIT Pf(ICE COST -. - SAWCUT EXISTING 1511 AND 1811 TO lNSTALL BASINS 11 EA 250 $2,750.00 CORE EXISTING BASINS 2 EA 350 $700.00 REMOVE EXIST. .CONC. WALK 90 BY 7.S $675.00 rÅ’MOV:E EXIS'I' PAVEMENT 350 SY 10 $3,500.00 REMOVE NEW CU~B 130 LF 7 $910.00 NEW CONC. WALK 90 SY 12 $1,080.00 ASPHALT RESTORATION 350 SY 21 $7,350.00 NEW TYPE D CURB 130 LF 9 $1,170.00 TYPE P-IO INLET , 10 EA 1350 $13,500.00 TYP~ J-10 INLET : 5 J::A 1780 $H,900.00 TYPE Þ-V INLET 2 £1\ 1500 $3,000.00 TYPE J-V INLET 5 EA 1975 $9,875.00 MH-P7r,r ~ 1 EA 1150 $1,150.00 12" CMP 500 LF 19 $9,500.00 15" RCP 197 LF 32 $6,304.00 SOIL TESTS 1 LS 450 $450.00 TRAFFIC SAfETY/MOBILZATION lLS 6200 $6 ,·;WO. 00 BOND 1 LS 1660 $1,660.00 ADDITION~L DEMOLITION 1 LS 2680 $2,690.00 ¥~~;~~===:========~-~==~~_~~~_~c===~=~===z__~~~~_=____=c=~====e____ SUBTOTAL + $81,354.00 2" PVC 10 LF 4.9 $49.00 3" PVC 10 LF 5 $50.00 APPROVED ADDITlONAL DEMOLITION lLS 2680 $2,680.00 (EAgT SIDE) ADDITONAI. SCULPTURE BASES 2 EA 450 $000.00 PURCHASE VVC 1LS 48 $48.00 ===~==~.~~~~~==~_~=========e~~=__~_~_______.~===-e===___~_____=~~==~ SUBTOTAL + $3,727.00 CREDIT ]fOR 4" PVC TO DELRA'i BEACH - $4,396.00 TOTAL $80,68~.OO =--=:;;_::=-_====__a THE~E NUMBERS INCLUDE ALL DELAY, TRAFFIC AND STORAGE CHARGES ----., i..,.'c..\..... 'J 0 ~ j j j : -+ ( '-t i) j .j tJ j ( j ¡ -+ Mt-:' ¿ bU 1 LL:U"'~ i ~ ¡ i) \.' V r:.1 1 . ' ... ARZ BUILDERS INC. General Construction LlC #CBC 03 6305 Dec. 6-1991 Nancy Davilla City Of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL. 33445 Re: Pineapple grove drainage. Dear Nancy, Upon your request thi~ letter j s to point out the reasons ARZ BUILl>r~RS INC. is not able to maintain the same unit price regarding the type C inlet and C.M.P. install- ation charged in the original contract. At the S.W. corner of NE.2nd Ave and N.E. 2nd St. excavation was pl81wed silHultanously to install 6" D curb and typeC inlet with only 10' C.M.P. Whereas, the new change urder calls for 25 much larger catch basins and hundreds of feet of C.M,P. which in requires more excavation around existing utilitic~ and much more fill to remove from the si te, and a lot more caution to keep with the trench safety act, and the right 1:2 slope. Rega.rding the traffic mainten811Ce, all original work stopped 6 weeks ago, and all <..:harges fur signs and up keep are accumJating, in addition to future usage of more signs to detour traffic 5ince as required each block will be closed for tniffic. Also, all storage <..:harges for pavers and landscaping since work stoppage,are included. We hope this is satisfactory. Sincerely, ARZ U LDERS INC. , ' Jf; <:: \Ai ,r.t" 6..".-, ,ð ~"A-~" p...........,......... p~~....~ ~1f',i1~ .,':~..,'" . !"Y7\ ":~\') r,'7~'i . CIL\NGE ORDER o. 1 ated December 6 , 19 91 roject No. Bid II 91-66 roject Name: PINEAPPLE GROVE HARDSCAPE, SCULPTURE & LANDSCAPE INSTALLATION wner : City of Delray Beach, Florida :ontractor: ARZ BUILDERS, INC. 1446 S.W. 25th Avenue, Boynton Beach, Fl 33426 :ontract Date: September 16, 1991 [0 : George Abou Jawdeh {ou are directed to make the following changes 1n the subject contract: Provide additional scope of work to install positive drainage system per plans and . specifications prepared by Williams, Hatfield and Stoner dated 11-19-91. ~hich changes are more specifically described in the attached amended plans, drawings 3nd specifications. The reason for the change is as follows : Durin~ the course of construction it was determined that the drainage could not be accommodated without connecting directly to the storm sewer. The contract price and contract time shall be adjusted because of the changes as follows: A. Contract Price 1. Contract price prior to this change order: . $94.153.00 Page one of two Pages . . ^ J JIGE ORDER lIo. 1 Project Pineapple Grove Way name 2. Uet increase resulting Crom this ch<1l1ge order: $80,685.00 3. Net decrease resulting from this change order: N/A 4. Current contract price including this change order: $174,838.00 ß. Contract Time l. COlltract time prior to this change order: 60 calendar days 2. flet increase resulting Crom this change order: 45 calendar days 3. Current contract time including this change order: 105 calendar days Work to date has taken 21 days off the 'clock'. Upon approval and remobilizat- ion, Contractor will have 84 calendar days to complete the work. Work would therefore be completed by March 6, 1992 . CiTY or DELRAY BEACH. FLORiDA. 01·/11 E R By: Mayor Thomas Lynch test: ~ City Clerk City of Uelray ßeach . proved as to form: City Attorney Ie above changes are accepted on . 19 . 1 understond that 1 the provisions of the Contract Uocument related to Project Ho. lich are not inconsistant with the terms of thls change order shall remain in e([ect Id apply to all work undertaken pursuant to this change order. itness: . Contractor . By: George Abou Jawdeh, President, ARZ, Builders As to Contractor Yitle · . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGERL), 1 FROM: . SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 10, 1991 AGREEMENT WITH HABITAT FOR HUMANITY DATE: December 6, 1991 This item was discussed at your November 26, 1991 meeting at which time the Commission, by consensus, agreed with the concept of the agreement. Final action was deferred as it was necessary to advertise the transfer of the parcel. As the transfer of the parcel is considered a sale of City-owned property, a public hearing is also required. This is an agreement with Habitat for Humanity to build five (5) homes on lots provided by the City for low-income families by September 30, 1993. The agreement provides for the use of Community Development Block Grant funds to purchase such lots and provide site improvements. The waiver of all permit fees for such uni ts is also requested. Habitat for Humanity is a national organization that has goals and objectives directed to providing homeownership opportunities to a specific group of individuals. Their goals are consi stent wi th the City's efforts and policies with regard to infill housing and low to moderate income housing development. The initial lot to be deeded to the organization was acquired by a City Attorney initiated foreclosure. The property is located on S.W. 5th Avenue and is within the R-1A (Single Family Residential) zone district. Additional lots will be acquired using CBDG program funds over the next two fiscal years. Recommend approval of the agreement with Habitat for Humanity and approval of the transfer of title for a City-owned parcel located on S.W. 5th Avenue. '""'1 · . · MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN~ RE: CITY COMMISSION APPROVAL OF AGREEMENT BETWEEN TBB CITY ÃÑi>BABITAT FOR BUMAHITY OF BOCA/DELRAY - - - DATE: NOVEMBER 19, 1991 ITEM BEFORE THE COMMISSION: - - Approval of proposed agreement between the City of Delray Beach and Habitat for Humanity of Boca-Delray to build five (5) homes on lots provided by the City for low-income families by September 30, 1993. The agreement provides for the use of CBDG funds to purchase such lots and provide site improvements. The waiver of all permit fees for such units is also requested. BACKGROUND: The City has determined, through policies adopted within the Housing Element of the Comprehensive Plan and policies recommended and accepted through the final report of the Neighborhood Task Team, to create an "Infill Housing Redevelopment Program," (Policy B-2.3 (f). The NTT identified the non-profit organization of Habitat for Humanities as being one that the City might consider a partnership agreement with to provide for affordable in fill housing for the lower-income family. We received a proposal from this agency on October 23, 1991. The proposed agreement provides the terms and conditions for such a partnership. Habitat for Humanities is a National organization that has goals and objectives directed at providing homeownership opportunities at a specific group of individuals that are consistent with the City's efforts and policies. The initial lot to be deeded to the organization was acquired by a City Attorney initiated foreclosure1 the owners choose to provide a fee simple deed arrangement instead. The property is located on Southwest Fifth Avenue and is within a R-l-A zoning district. Additional lots will be acquired through CDBG program funds over the next two (2) fiscal years. RECOMMENDATION: We would recommend City Commission approval of the proposed agreement between the City and Habitat for Humanity of Boca-Delray to provide home ownership opportunities for low- income residents and authorize the use of CDBG funds to acquire and make available lots within the target for such home ,qonstruction. The waiver of permit fees is also requested. LB:DO D11 Habitat.Mem · AGREEMENT CITY OF DELRAY BEACH AND HABITAT FOR HUMANITY OF BOCA-DELRAY This is an Agreement between: City of Delray Beach, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "City", through its City Commission, and Habitat For Humanity, a non-profit corporation of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City ~nd Subgrantee agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS 1.1 Assurances: means those assurances made by the Subgrantee to the City as specifically set forth in this Agreement. 1.2 City of Delray Beach Community Development Block Grant Program: means the Community Development Program applied for by the City of Delray Beach and awarded by the United States Department of -- Housing and Urban Development as authorized pursuant to Title I, Housing and Community Development Act of 1974, Public Law 93-383, as amended. 1.3 CDBG Funds: means the Community Development Block Grant Funds; The monies given to the Subgrantee pursuant to the terms of this Agreement. 1.4 Grantee: means City of Delray Beach, Florida. 1.5 H.U.D. : means the United States Department of Housing and Urban Deve lopmEm t . 1.6 proj ect (s) : means the project or projects set forth in Article III hereof, and Exhibit "Aft en ti t le.d Scope of Services and timetable. 1.7 Rules and Regulations of H.U.D.: means 24 CFR 570, "Communi ty Development Block Grant Regulations"; OMB Circular Ä-122, and OMS Circular A-II0. 1.8 Subgrantee: means Habitat for Humanity of Boca-Delray. · ARTICLE II PREAMBLE This Agreement between the City and Habitat For Humanity of Boca- Delray on the following mutual considerations: Under the Rules and Regulations of H.U.D., the City is administrator of the CDBG program and the City is mandated to comply with various statutes, rules and regulations of the United States and the Rules and Regulations of H.U.D., as to the allocation and expenditure of funds. ARTICLE III PROJECT The Subgrantee hereby agrees to provide and implement the following eligible Project: Home Ownership Opportunities for Lower Income Families The project is more specifically described and set forth in Exhibit "A" attached hereto and by this reference made a part hereof. ARTICLE IV ASSURANCES The Subgrantee hereby agrees to comply with: 4.1 Title VI of the Civil Rights Act of 1964 (Public Law 88-352: 42 U.S.C. S. 2000 d et seq.): and 4.2 Title VIII of the Civil Rights Act of 1968 (Public Law 90-284; 42 U.S.C. s. 3601 ~ ~.)1 4.3 CFR 24, 5.510.608 lead-based paint notification inspection, testing and abatement procedures. 4.4 The requirements and standards of OMB Circular NO. A-81, OMB Circular A-128 and with the relevant Sections of 24 CFR Part 85. 4.5 Any other rules, regulations or requirements as H.U.D. may reasonably impose, in addition to the aforementioned assurances. ,~ 'I · - ARTICLE V FINANCIAL RESPONSIBILITIES 5.1 Subgrantee hereby gives the City, H.U.D., and the Comptroller general, through any authorized representative, access to and the right to examine all records, books, papers or documents relating to the Project. 5.2 Subgrantee hereby agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the City under this Agreement. 5.3 Subgrantee hereby agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to the City. ARTICLE VI TERM OF AGREEMENT -- This Agreement shall commence on the day the City executes the Agreement and shall terminate on September 30, 1993. ARTICLE VII TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this Agreement may occur if the Subgrantee materially fails to comply with any term of the grant, and that the grant may be terminated for convenience in accordance with 24 CFR 85.44. ARTICLE VIII LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. _..._,--~-,.._.._.. -... · - In witness Whereof, the parties have executed this Agreement at Delray Beach, Florida this day of , 1991. Habitat For Humanity City of Delray Beach, Florida of Boca-Delray Thomas ·E. Lynch Mayor Witness: ';"·1 - . , . Habitat For Humanity of Boca-Delray Subgrantee (CDBG Program) EXHIBIT A The City will convey at no cost a parcel of land situated in Palm Beach County, Lot 1, Section 20 Township (Delray Beach) for the purpose of providing a home to an eligible, low-income family. The City will purchase and convey at no cost four (4) additional lots during the term specified within this Agreement (thru September 30, 1993) to Habitat for Humanity Boca-Delray for the purpose of providing homes to eligible, low-income families. The City will provide site improvements at a cost not to exceed three thousand dollars ($3,000) for each lot deeded to Habitat under the terms of this Agreement. Habitat For Humanity of Boca-Delray will select a low income family, preferably a Delray Beach resident, construct a dwelling unit in accordance with all City codes and convey the real property and improvements to the family selected at a cost to be determined by Habitat for Humanity of Boca-Delray. The family will qualify as an eligible, low-income household as defined ~y the City of Delray Beach Community Development Block Grant Program. In the event that the property and improvements are not developed and conveyed to an eligible family within twenty-four (24) months from the transfer of the deed, the land will revert back to· the City of Delray Beach. dl1 Habitat.CC ."_.~"- · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER c.(}- SUBJECT: AGENDA ITEM # (0& - MEETING OF DECEMBER 10, 1991 ORDINANCE NO. 87-91 DATE: December 6, 1991 This is a second reading of an ordinance amending the Land Development Regulations to provide for the placing of restrictions on truck parking in the R-1A (Single Family Residential) zone district. Previously, the Commission has considered ordinances designed to restrict the parking of trucks and other commercial vehicles in the R-1A zoning districts. Howeve r , as this issue was not resolved and the parking of trucks and other commercial vehicles continues to be perceived as one of the primary causes of blighted conditions in the R-IA district this ordinance is being brought back before you. As proposed, this ordinance provides for the parking of a maximum of two, one and one-half ( 1 1/2) ton trucks on lots in the R-1A zoning districts. This provision is less restrictive than the ordinances previously proposed; thus, minimizing the impact on the small business person who may need to park his work vehicle at home. A detailed staff report is attached as backup material for this item. The Planning and Zoning Board is scheduled to hold public hearing on this item at their December 16, 1991 meeting. As this item has been advertised for public hearing by the Commission at this meeting, staff recommends that the Commission open the public hearing and continue final action on this ordinance to your January 14, 1992 regular meeting. Recommend continuation of the public hearing on Ordinance No. 87-91 until January 14, 1992. PH ~ c:t-- ~ & I IlL! /9õL .. . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 20.91 12:52 P.û2 ORDINANCE NO. ~ì -q¡ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4. ð, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.5.13, "PAftKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCICS, AND SIMILAR VEHICLES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE or ORDINANCES or THB CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.13(8), "PERMIS- SIBLE PAIUtING" TO PROVIDE FOR THE PLACING OF RESTRICTIONS ON TRUCIC PAMING IN R-IA ZONING DISTRICTS; TO PROVIDE FOR PAIUtING A MAXIMUM OF TWO ONE AND ONE-HALF TON TRUCKS ON LOTS IN R-IA ZONING DISTRICTS; 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 4.6, "Supplemental District Regulations", Section 4.6.13, "Parking and Storage of Conunercial Vehicle., Boats, TrucJcs, and Similar Vehicles", Subsection 4.6.13 (B), "Permissible Parking", of the Land Development Regulations .of the City of Delray Beach, florida, be, and the same 18 hereby amended to read as follow.: (8) permissible parking: (1) Trucks I Restrictions on truck parking shall be applicaÞle in all residential zoning districts other-than-R-iA and shall permit only panel, pick-up, van and sim1lar type trucks,_ not over 3/4 ton rated capacity. In all R-IA zoning distr ct. the restrictions shall a 1 to trucks of one and one half (1 1 2) ton or \reater capacity. S~C ~Ye ieiee-may on7y-be-~arked-on-a-~la~- .~roYe~-wttb-the-residence.-and-m~.e be-lIsed-by-a-reeident-of-the-Dremi.e.T In all residential zonina districts. no more than two (2) trucks may be parked on a lot improved with a residence. Such vehicle must Þe used by a resident of the DremUes. For purpose. of this section, a lot include. the property on which the residence 111 located and an ad acent lot which i. under the control of the owner or essee 0 t ere. ence. PAr~ing on vacant' lots is otherwise prohibited. Section 2. That should any .ection or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court ot competent jurisdiction to be invalid, such deci- sion shall not affect the validity of the remainder hereof 4S a whole or part thereof other than the part declared to Þe invalid. Section 3. That all ordinance. or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become etrective 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 , 1991. MAYOR ATTEST I City Clerk First Reading · Second Reading -, MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ :,/ RE: PROPOSED AMENDMEN'l' TO TRUCK PARKING WITHIN R-I-A ZONING DISTRICTS DATE: NOVEMBER 19, 1991 ITEM BEFORE THE COMMISSION: - - Review of proposed amendment to Chapter 4, Section 4.6.13 regulating the parking and storage of commercial vehicles, boats, trucks and similar vehicles within R-1-A zoning districts throughout the City. Directing a review and recommendation from Planning & Zoning Board and provide direction to staff on required Public Hearing date. BACKGROUND: The City Commission has had several opportunities to review proposed amendments to Section 4.6.13 that were attempting to include some restriction to the parking of trucks and other commercial vehicles in R-1-A zoning districts. The item was first presented to the Commission in October, 1990 (Ordinance * 54-90) and reviewed at a workshop meeting on November 7, 1990, revised and brought back to the Commission after P & Z review and recommendations under Ordinance #9-91 on February l2, 1991 for Public Hearing, at which time the ordinance was denied on a 5-0 vote from the Commission. The parking of large commercial and other trucks continue to be one of the primary causes of blighted conditions within R-1-A zoning districts. We continue to receive complaints on such matters and the Neighborhood Task Team (NTT) continue to support some restrictions being imposed to truck parking in R-1-A zoning districts. Therefore, we are bringing this item before the Commission again, with modifications that may be less impacting on the small business person who would need to have the ability to park his work vehicle at his home. . _0..__' ~ . .., Truck Parking Ordinance November 19, 1991 Page 2 The proposed text amendment would address some of the major problems affecting R-1-A zoned neighborhoods as opposed to maximum restrictions that currently exist for all other residential zoning districts. It is staff's opinion that if we can mitigate the larger problems, in time, we might be able to further amend the codes to unify truck parking restrictions for all residential neighborhoods. Also, consideration is given to the fact that there are no commercial and/or recreational vehicle parking facilities within the City except for the opportunities that exist with storage firms. Their fees are based on the size of the vehicle and space available. The suggested amended language being recommended is as follows: To amend Section 4.6.13 (B) (1) by adding a new second sentence which would read "In all R-1-A Zoning Districts, the restrictions shall apply to trucks of one and one-half (1 1/2) ton, or greater, capacity. The change to the allowable size vehicle that would be legal to park, lessens the impact to the small business person who might have their own lawn service, delivery service or construction business. It would eliminate the ability for eighteen (18) wheelers, dump trucks, loading trucks and other large commercial vehicles from being parked within these residential neighborhoods. We would further propose to include the following language: In all residential zoning districts, no more than two (2) trucks may be parked on a lot improved with a residence. Such vehicle must be used by a resident of the premises. For purposes of this section a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. RECOMMENDATION: .We would recommend that the City Commission approve the proposed amendment to Section 4.6.13 of the LDR's providing for restriction to truck parking within R-1-A zoning districts and direct the Planning & Zoning Board to review and hold required public hearings on the same prior to a formal public hearing and final adoption by the City Commission. C:Trucks.LB '''''I .' & MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf~'Ì SUBJECT: AGENDA ITEM # '0(. - MEETING OF DECEMBER 10, 1991 ORDINANCE NO. 88-91 DATE: December 6, 1991 This is a second reading of an ordinance rezoning Lots 23-28, Block 5, Southridge Subdivision from R-1A (Single Family Residential) to RM (Multiple Family Residential - Medium Density) zone district. The subject property consists of six single family lots which are 50 feet wide and vary in depth from 100 to 116 feet. Three lots front on Douglass Avenue and the other three front on S.W. 8th Avenue. If the rezoning application is approved, the applicant is proposing to abandon that portion of S.W. 8th Avenue between this property and the Groves development, and then combine the property for an expansion of the Groves. The petition that was submitted involved the rezoning of a portion of the Southridge Subdivision to a multi-family designation with no regard to its final build out. The Planning and Zoning Board at their November 18th meeting held a public hearing on this item. Both the public and the Board expressed concerns with regard to the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. In order to mitigate the above concerns, the applicant agreed to amend his petition to replat the property; thus, aggregating the property into a single parcel and to provide a non-access easement along Douglass Avenue. The Board then recommended approval of the rezoning request by a 3-2 vote (PurdojNaron dissenting), with the condition that the plat and access easement be in place prior to the Commission taking action on the second reading of the ordinance. Those actions have not been completed. However, as this item has been advertised for public hearing, the Commission should open the hearing on this item and continue final action until such time as the conditions as recommended by the Planning and Zoning Board are met. Recommend continuation of Ordinance No. 88-91, until such time as the conditions as recommended by the Planning and Zoning Board are met. 1~I'o'9'- PH ~ <1-~j ~(llsliOYJ ~~~~~ ~ ~ ~ ~ ~cJY.- bust mo J.~ ~ 90 ~ - S-:-o I ,1'1 .... , ORDINANCE NO. 88-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT; SAID LAND BEING LOTS 23-28, BLOCK 5, SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. r NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the RM (Multiple Family Residential - Medium Density) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Flori- da, to-wit: Lots 23-28, Block 5, Southridge, according to the Plat thereof recorded in Plat Book 13, Pages 38 and 39 of the Public Records of Palm Beach County, Florida. The above described parcel contains a 0.83 acre parcel of land, more or less. The subject property is located on the northeast corner of S.W. 8th Avenue and Douglass Avenue, Delray Beach, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAY 0 R ATTEST: City Clerk First Reading Second Reading . J-.J l I J l , .J '- I .J . ITIIl1lIIIIJ rnillrrmJ 1 eone S.W. 10TH STREET If ¡... II i II ... ... ~ . . ~ ~ <C ;:) .;:) Z Z Z ~ ~ ... II > ~ <C <C <C 'd/ . ~ t ~. ~ . s... "rN StIt[[1' 1/ 41 ,; . . ri II 04 04 04 w ~ , ! vï ~ , , I I II 1I1I DltM ~ DOUClA$$ '\f[Hut ., s... UI'H St. , I r I' , I I I ,.,f>; / .t5SI[ $'T. ~~ h.~ . III ! I ~ ~ kQ L -/ ,,'" .,,+ ¿~ [UA. $'T. ,.... JL~ If ~-~ "," /1 I I I I ".¢-.~ I OU(UIS Dill ~ ,; ,..¡ ~ - > .. ~ - . wi LINTON -- BOULEV ARD ¡ REZONING FROr-1 R-lA TO RM SOUTHRIDGE BLOCK . - " , -- ?.... C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: JANET MEEKS, PLANNER II THRU: ~~~OVACS' DIRECTOR DE A ~ANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 26, 1991 ORDINANCE 88-91, REZONING OF R-1A (SINGLE FAMILY RESIDENTIAL) TO RM (MULTI-FAMILY) FOR LOTS 23-28, WOODS OF SOUTHRIDGE SUBDIVISION. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinance 88-91. The property involved is Lots 23-28, Woods of Southridge Subdivision. The rezoning is from R-1A (Single Family Residential) to RM (Multi-Family). The subject property is situated between S. W. 8th Avenue (unimproved) and Douglas Avenue. The site contains approximately .83 of an acre. BACKGROUND: The subject property consist of six single family lots. The property was recently pu~chased by Haggerty Associates who are the developers of the "Groves of Delray". It is declared by the applicant that upon consummation of this rezoning, he will seek abandonment of that portion of S.W. 8th Avenue between this property and the Groves, and then combine the property for an expansion of the Groves. The petition which was submitted involved the rezoning of a portion of of the Southridge subdivision to a multi-family designation with no guarantees in regard to its final build out. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 18th, the Planning and Zoning Board reviewed this item before a public hearing. Concerns of both the public and the Planning and Zoning Board where the access of the multi-family units through the Woods of Southridge and the ultimate development potential of the site with no guarantees. 'III City Commission Documentation Ordinance 88-91, Rezoning of R-1A (Single Family Residential) to RM (Multi-Family) for Lots 23-28, Woods of Southridge Subdivision Page 2 In order to mitigate the above situation, the applicant agreed to a compromise position put forth in the staff report to ammended his petition to replat the property aggregating the property into a single parcel and the provision of a non-access easement along Douglas Avenue. (See attached staff report for additional information) The Board recommended approval of the rezoning request on a 3-2 vote (Purdo and Naron dissenting), with the condition that the plat and access easement be in place prior to the City Commission taking action on the second reading to consummate the rezoning. RECOMMEND ACTION: By motion, approval of Ordinance 88-91 on first reading with the condition that the plat and access easement be in place prior to the second reading. Attachment: * P&Z Staff Report jcm/#9:hagerty November 18, 1991 To: David Kovacs, Director of Planning and Zoning, City of Delray Beach, Florida. From: B~ian Haggerty. Re: Rezoning of Lots 23-28 inclusive, Block 5 , Southridge Subdivision, from R-lA to RH. We have read the staff report and agree with their position, and request that we move forward with approval for this rezoning by our agreeing to abide by the following conditions: Change petition to agree to plat property aggregating all lots, and by providing a non-access easement along Douglas Avenue. Further, we want to reiterate that it is our inten- tion to incorporate these lots into The Groves of Delray development plan. Thank you. B{Qe~ BH:hb .':( Q~ :ò "t", cP ",-,~ Ji..~ ~ '\2ée~ ~~ ~,,-b- . PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- . MEETING DATE: November 18, 1991 AGENDA ITEM: IlLS. ITEM: Rezonin~ from R-IA to RM, Lots 23-28, Woods of Southridge Subdivision. Property is to be combined with "The Groves". .4 _ __ "'. '-L--JI ,. ... /I '''' s... 11n4 S"TA[n GENERAL DATA: Owner..... ....................Brian Haggerty Agent.........................Haggerty Associates Location......................On the northeast corner of S.W. 8th Avenue and Douglas Avenue. Property Size.................O.83 Acres City Land Use Plan............Redevelopment Area .3 City Zoning...................R-IA (Single Family Residential) Proposed Zoning...............~~ (Multi-Family Residential) Adjacent ZOQing...............North: R-IA East: R-IA South: R-IA West: RM Existing Land Use.............Vacant Proposed Land Use.............Subject property is to be incorporated into a multi-family project to the west. Water Service.................Exlstlng 6" water main along Douglas Avenue. Sewer Service.................Exlstlng 8" sanitary sewer line along Douglas Avenue. IILB - . I T E M B E FOR E THE BOA R D: The item before the Board is that of making a recommendation on a proposed Rezoning from R-IA (Single Family Residential) to RM (Multiple Family Residential) for Lots 23-28 inclusive, Block 5 of Southridge Subdivision. The subject property is located north of Linton Boulevard, within the single family subdivision of Woods of Southridge and situated between S.W. 8th Avenue (unimproved) and Douglas Avenue. The site contains approximately .83 of an acre. B A C K G R 0 U N D: The subject property consist of six single family lots. The lots were platted on September 16, 1925 as part of the Southrldge Subdivision. While there is no specific development history on these parcels, it is important to note existing conditions and the relationship of this rezoning to the proposed "Groves of Delray" project. The property is vacant. Three lots front on Douglas where a fence has been erected by the Woods of Southridge Association; thus, blocking access. Three lots front on S.W. 8th Avenue which is unimproved. S.W. 8th Avenue is also fenced off within the Woods of Southridge. During annexation hearings associated with "The Groves", there was a clear expression that there would be no access to The Groves via S.W. 8th Avenue. This property was recently (August 29, 1991) purchased by Haggerty Associates who has a linkage to the Groves of Delray residential project which is currently in site plan review before SPRAB. As The Groves of De1ray is being processed as a senior citizen development with tax credit financing, this rezoning action is also tied to the item of affordable housing. Putting all these items together, the request becomes a bit more complicated than that one would find in a straight rezoning consideration. PROJECT DES C RIP T ION: The request is to rezone six R-IA lots to six RM lots. The Lots are 50' wide with varying depths of 100'-116'. It is declared by the applicant that upon consummation of this rezoning, he will seek abandonment of that portion of s.w. 8th Avenue between this property and The Groves, and then combine the property for an expansion of The Groves. All access to The Groves will be from other than through the Woods of Southridge. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 2 PRO J E C T A N A L Y S I S: REQUIRED FINDINGS: Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. ( 1 ) Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The property is designated as Redevelopment Area #2 on the Future Land Use Map. Pursuant to the Land Use Element: This designation is applied to those areas which have bee identified in the Land Use Element as being in need ot redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Land Use Element. If a development proposal is presented to the City Prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: a. The application shall be placed on hold for not more than six months while the redevelopment plan is prepared; b. the application shall be processed on a case-by-case basis with the existing Zoning Map, the Land Use Element, and Housing Element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. It is appropriate to consider this application on a case specific basis due to its limited nature (small scale) and acknowledging that the Redevelopment Plan for Area .2 is not scheduled until FY 93/94 (Ref: LUE Policy C-2.8). With respect to the "policy guidance" items, the following is provided. The existing zoning is R-l-A as is adjacent zoning to the east, north... 'and south. To the west Is R.M (The Groves). It is clear that t current zoning patter reflects existing conditions (l.e. platted 10"'... are R-l-A, unplatted parcels are RM). If the property were (as 15 proposed) legally tied to The Groves, consistency would be presumed. - P&Z Staff Report woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM Page 3 The Land Use Element, through Policy C-2.8, states that residential use is most appropriate for this portion of Redevelopment Area 12. There is no distinction between the type of housing. The Housing Element, specifically through Objective B-2, sets forth policies and programs for redevelopment of substandard neighborhoods and the provision of infill housing. The Element also addresses meeting unmet housing needs of special populations. The property, since it is a part of the Woods of Southridge, is designated in the "stabilization" category; while, the vacant property to the west is "redevelopment"; to the north the. designation is "revitalization/rehabilitation". Please refer to the later discussion under Consistency for more discussion regarding other plan policies. By combining this property (as is proposed) with the Groves it is seems that objectives of the Housing Element will be promoted. However, without such a linkage the rezoning would create an opportunity for inappropriate infill. ( 2 ) Concurrency: Concurrency as defined pursuant to Objective B-2 of the Land Use Element must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. In that this is nondevelopment specific rezoning consideration only a broad approach to concurrency needs to be taken at this time. The purpose of this broader look is to insure that problem areas are identified or to determine if the increased development potential (per "upzoning") would create service provision problems. Each service is br~efly addressed. Also, a comparison is made with respect to the existing development potential of six single family detached units. Water: A 6" water main runs along the south side of Douglas Avenue. While service can be extended into the site from that main, it is inappropriate to do so if the property is united with The Groves. However a connection may be required to enhance overall system reliability and functionally. Also, while a fire hydrant is located 100' south of the subject property it would not be accessible to The Groves. Thus, additional fire suppression will be required. Sewer: Similarly the 8" sewer main which exists in Douglas Avenue and whlch ends at a manhole adjacent to Lot 24 is not appropriate for use for the multiple family use. Drainage: All drainage will need to be accommodated on site. No problems are anticipated in accommodating drainage. P&Z Staff Report . Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 4 Streets and Traffic: Pursuant to Palm Beach County Traffic Performance Ordinance '90-40, residential developments east of I-95 are exempt from its provisions with the exception of provision of traffic generation information. A traffic statement has been provided. A total of 60 trips per day are already· vested for the single family residential lots. If 14 multi family units are constructed (as is proposed), 98 trips per day would be generated. This would leave a balance of 38 additional trips which would .impact the roadway system. All of the above trips would not impact the Woods of Southridge since they will be directed through The Groves project. Parks: OS standards in terms of park area are accommodated in this portion of the community. Pursuant to Section 2.4.3(K) (4) (a), an in-lieu Park Dedication Fee of $500.00 will be assessed for each residential unit. This fee will be directed to providing facilities (park components) for the new residents. Solid Waste: With the proposal to link this land with The Groves an considering the proposed nature of The Groves (senior citizen housing) , there will be less solid waste generation than would be found if individual lot (single family detached) development occurred. Because of the small scale of the project itself, there will be minimal impact regarding solid waste. ( 3 ) Consistency: Compliance with the performance standards set forth in Section 3.3.2, along with the required findings in Section 2.4.5, shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.2 and other polic"ies which apply are as follows: Section 3.3.2 - Standards for Rezoning Actions: A) Performance Standard 3.3.2(A) states that a rezoning to other than CF within stable residential areas shall be denied. * This standard does not apply. B) Performance Standard 3.3.2(B) states: Affordable housing for moderate and middle income families, particularly first time home buyers, may be achieved through increases in density when it car be demonstrated that the increase will result in a mor affordable product provided that other policies of the Housing Element are maintained. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM Page 5 * While affordable housing is tied to this rezoning application, the targeted population is limited to persons over 55 as opposed to first time home buyers. The density increase being sought is directed more to the housing type (apartments) as opposed to just increasing unit count. The application is not inconsistent witþ this standard. C) Performance Standard 3.3.2(C) pertains to strip commercial use. * It does not apply. D) Performance Standard 3.3.2(D) states: That the rezone shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. * As the petition stands today, it is inappropriate to rezone a portion of a predominately single family subdivision to multi-family with no guarantees in regard to its final build out. Once rezoned, the property would consist of 6 individual multi-family lots taking access through a single family residential neighborhood. (Please refer to the discussion of use of lots of record in the LDR compliance section of this report.) * The above situation should be mitigated. One method in which this could be accomplished would be to consider a revised petitions which aggregates the property into a single parcel and which restricts access from the parcel onto streets within The Woods of Southridge (restricting access only to the north or west). Other aspects of the Comprehensive Plan: The following relates to the other aspects of the Comprehensive Plan which have some bearing upon this application. Only land use related items are addressed. Those policies which pertain to the affordable housing aspect of the request (as it relates to The Groves of Delray) are more appropriately addressed when considering that site plan application which is under review for consideration by SPRAB. Policy C-2.4, Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plans and shall be effective immediately. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-lA to RM Page 6 * As identified earlier, as long as the property is associated with The Groves without access through the Woods of Southridge this policy is not diminished. Already there exists a boundary between multiple family and single family housing, the issue (if there is one) is essentially where that boundary should be. Policy C-4.2, If it is determined that the City should provide additional low to moderate income units through additional housing projects, target areas shall be identified and reflected on the Land Use Map through a formal plan amendment. However, such locations shall not occur withi~ areas currently designated as "rehabilitation" or "stabilization" and revitalization" areas. * As identified earlier, this site is classified as "stabilization"; the purpose of the rezoning is to provide housing for a targeted area. However, if this property were linked exclusively to the property to the west, the boundaries of the residential classification map would be adjusted accordingly. Policy C-4.4, until such time as the plan amendment of Policy C-4.2 is adopted, the City shall not engage or entertain programs for additional low-moderate income housing, especially with' "Rehabilitation and Stabilization and Revitalization" areas except a... provided for under Goal Areas "A" an "B". * See the above response. Note: Goal Areas "A" and "B" would involve activities undertaken in programs of neighborhood stabilization and pursuant to redevelopment strategies. ( 4 ) LOR Compliance: Whenever an item (finding) is identified in the LDRs it shall, specifically be addressed by· the body taking final action on. a land development application/request. Such items are found in Section 2.4.5, and special regulations found within individual zoning districts. Pursuant to Section 2.4.5(D)(1), a justification statement providing the reason for which a change in zoning is being sought must accompany the request. The' code further identifies certain valid reasons for approving the change being sought. These reasons include the following: * That the zoning had previously been changed, or was originally established, in error; * That there has been a change in circumstance which makes t._ current zoning inappropriate; - · P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM Page 7 * That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted a justification statement which states the following reasons for the change being sought: "This change is compatible to the Future Land Use Map, in that this property isn't only within a redevelopment area of the City, but also adjacent to existing RM property. Further, this RM zoning will be necessary in the future to encourage redevelopment of adjacent properties to the north that is presently a blighted area. " The applicant apparently has chosen the last of the above for a valid reason to rezone the property. Since there is no underlying designation for redevelopment areas on the Future Land Use Map, the Planning and Zoning Board will need to determine whether or not the requested zoning is of similar intensity. To assist in that decision, it may be more appropriate to consider the factor dealing with a change in circumstance. That change in circumstance would be the legal combination of this property with the RM property to the west and appropriate restrictions on access. Other Considerations: The existing lots are lots of record. However, they do not meet the minimum lot area or the minimum lot width for the R-IA zoning district or the RM zone district. Accordingly, pursuant to Section 4.1.4, Use of Lots of Record: Any lot, or parcel, of record which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements for that zoning district, with the following exceptions. (A) Duplex and multiple family structures may not be constructed on a lot which has an area of less than that provided for as minimum lot area within the zoning district. While this section seems to preclude any multi-family development on the subject property as submitted (i.e. without a tie to The Groves), the aggregation of two or more lots would provide for compliance and the ability to construct duplexes or multi-family structures. ""i P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-IA to RM Page 8 REV I E W B Y o THE R 5: The development proposal is not in a geographic areas requiring review by either the HPB (Historic Preservation Board) , DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency). Notice has been provided to owners of property within 500 feet of the site and a Special Notice has been provided to the Woods of Southridge Association. No written responses have been received. Some phone calls have been accommodated. ASS E SSM E N T AND CON C L U S ION S: The key to accommodating this requested rezoning rests with being able to demonstrate a change in circumstance -- specifically, that the property under consideration is no longer a part of the Woods of Southridge but is a part of The Groves. Without such, the rezoning would be inappropriate due to: * it putting RM zoning in a stabilization area which is ZOI. R-I-A¡ * access for the multiple family units would travel through a single family neighborhood¡ * a potential is created for the "forced" opening up of S.W. 8th Avenue as an access to the property (and hence, into the Woods of Southridge). While an intention to accommodate the property with The Groves is stated, the petition at hand involves the rezoning of individual lots which are a part of Southridge Subdivision. Given the above assessment, it appears most prudent to recommend denial of the petition as it stands with a comment that if the petition were modified (as discussed in this report), it would be appropriate to proceed with the rezoning to RH. A L T ERN A T I V E C 0 U R S E 5 o F ACT ION: 1- Forward the petition with a recommendation of denial based upor not being able to make necessary findings. 2. Continue with direction. P&Z Staff Report Woods of Southridge, Lots 23-28, Block 5 - Rezoning from R-1A to RM Page 9 3. Forward the petition with a recommendation of approval conditioned upon modifications to the petition. This action should be taken only if an offer of modification is put forth by the applicant. R E COM MEN D E D COURSE o F ACT ION: By motion, recommend denial of the rezoning petition based upon a determination that, as submitted, the granting of the rezoning would result in: 1- a potential use of land which is inconsistent with the Future Land Use Map and its governing policies; 2. incompatibility created by the routing of traffic from a multi-family development through an established residential neighborhood; and, 3. the application of a zone district designation upon individual properties which do not meet the minimum development standards for that district. Attachments: * location map showing relationship to The Groves * schematic showing how the property may be developed as a part of The Groves DJK/'87/HAGERTY. "1'1 , - . \\ "' \ \\. "'" ~ '\ .}) ""~Q %~ . . -?a. . I!'~ ~ . " 0 ----' J'& "to"?, I >¿) " ~ '/- ~ -\ ~t· ~Q . , , ~.~~ . , \ . ;$), - - ~. . 0c6i : I _ 0 . /~ À ~~ I '" - , ,\\ ' ~ .' _~!L.~~ ~~ r:?3~ - - - " ,. - -- f) ".~~ - ~ ~..." -- --~-- I- I \ I .- - -- 0 , - -.ú\\ - \ \ , -~\ - I ---I I I - " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~\~\ ~1H SUBJECT: AGENDA ITEM # \..Qb - MEETING OF DECEMBER 10, 1991 ORDINANCE NO. 89-91 DATE: December 6, 1991 This is a second reading of an ordinance rezoning property located on the southeast ·corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres) from PC (Planned Commercial) to GC (General Commercial) and AC (Automotive Commercial) zone districts, in part. This ordinance incorporates the applicants initial request for rezoning which sought to rezone approximately 4.68 acres from PC to GC and .80 acres from PC to AC. That request was subsequently modified at your September 24th meeting. Subsequently, the Planning and Zoning Board at their November 18th meeting reviewed the modified petition. It was the consensus of the Board that if the modified petition were approved, the development potential for the balance of the property retained in PC would be limited to similar uses, i. e. fast food restaurants. The Board recommended denial of the modified request on a 4-1 vote. As no further modification was permitted to the caption of Ordinance No. 73-91, this new ordinance is proposed. Additionally, the Board recommended that if this change is made to accommodate the original zoning request it should be subject to the condition that prior to second reading, proof is provided that the entry adjacent to KFC can be closed and a more substantial, central entry can be provided. If this cannot be accommodated, the Board recommends that the entire property remain PC. Recommend approval of Ordinance No. 89-91 subject to the conditions as recommended by the Planning and Zoning Board. ... ., .- - .- - - ORDINANCE NO. 89-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND KNOWN AS DBO ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DEL RAY BEAC H, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the GC (General Commercial) District, in part, and AC (Automotive Commercial) District, in part, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: GC (General Commercial) District Lots 1, 2 and the west 525 feet of Lot 3 and Tract "B", DBO Acres, according to the Plat thereof recorded in Plat Book 63, Page 13 of the Public Records of Palm Beach County, Florida. The above described parcel contains 4.68 acres of land, more or less. AC (Automotive Commercial) District The east 140 feet of Lot 3, DBO Acres, according to the Plat thereof recorded in Plat Book 63, Page 13 of the Public Records of Palm Beach County, Florida. The above described parcel contains 0.8 acres of land, more or less. The subject property is located on the south side of Linton Boulevard between S.W. 4th . Avenue and the Florida East Coast (FEC) Railroad, Delray Beach, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. *" ~.' .. I Section 5. That this ordinance shall become effective imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. J MAYOR ATTEST: City Clerk First Reading Second Reading - ¡ , ! -2- Ord. NO. 89-91 ~ . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t¡v1 SUBJECT: AGENDA ITEM # 10.0. \ . - MEETING OF DECEMBER 10, 1991 REQUEST FOR CONDITIONAL USE APPROVAL/TIRE KINGDOM DATE: December 6, 1991 We have received a request for conditional use approval to establish a specialized service shop (Tire Kingdom store) on the southwest corner of the F.E.C. Railroad and Linton Boulevard (D.B.O. Acres plat) . The proposal is to establish a 6,435 square foot, one story special automobile service facility (the original request was for a Tire Kingdom store; however, they mayor may not be the tenant) on the easternmost part of the D.B.O. Acres plat. The store will have direct access on to Linton Boulevard and secondary access to S.W. 4th Avenue via an ingress/egress easement which runs through D.B.O. Acres. The proposed bui lding is to be orientated with the office component facing Linton Boulevard and eight service bays with overhead doors facing the F . E. C. rai lroad and Dixie Highway right-of-way. There are no unusual aspects to this project. The sketch plan which accompanies . the application depicts a 6,400 square foot structure oriented with its bay doors to the east. Screening is provided along the eastern boundary. The sketch plan also provides for efficient and effective circulation and functional relationships to the balance of D.B.O. Acres. If the accompanying rezoning request (Ordinance No. 89-91) is approved, the overall use issue will have been decided. The parcel is less than the required 1.5 acres needed for sale and lease of vehicles, thus the uses allowed are limited to AC (Automotive Commercial) conditional uses, one of which is specialized service shops. However, if the rezoning request is denied, the conditional use request will be moot. The Planning and Zoning Board at their September 16th meeting formally reviewed this item. However, as denial of the attendant rezoning was recommended, no action was taken. Subsequently, on November 18, 1991, after reconsideration of the attendant rezoning, the Board recommended approval of the conditional use by a 4-1 vote (Purdo dissenting), subject to conditions. A detailed staff report is attached as backup material for this item. ~41-01 énnDr~Y19 ) rl{ . í7L' \ C I T Y COM MIS S ION DOC U MEN TAT ION TO: VID T. HARDEN, CITY MANAGER ,..~~ FROM: ----ÐA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER lO, 1991 CONDITIONAL USE REQUEST FOR SPECIAL AUTO SERVICE FACILITY, PORTION OF LOT 3, D.B.O. ACRES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request. The project involves establishment of a special automobile service facility (original request was for a Tire Kingdom facility; however, they mayor may not be the tenant) . It is to be located at the east end (FEC) of D.B.O. Acres on the south side of Linton Boulevard. Note: this consideration must follow enactment of Ordinance 89-91 (DBO Rezoning) BACKGROUND: This project involves the easterly 0.8 acres of D.B.O. Acres. The sketch plan which accompanied the application (and is the basis for evaluation of future full site plan submittals) depicts a 6,400 sq. ft. structure oriented with its bay doors to the east. Screening is provided along the eastern boundary. The sketch plan provides for efficient and effective circulation and functional relationships to the balance of D.B.O. Acres. There were no unusual aspects to this project once the rezoning determination (to AC) was made. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of September 16th. After the public hearing and due to a recommendation of denial of the attendant rezoning, no action was taken. Subsequently, on November 18th, after ... · City Commission Documentation Conditional Use Request for Special Auto Service Facility, Portion of Lot 3, D.B.O. Acres Page 2 reconsideration of the attendant rezoning, the Board forwarded this Conditional Use application with a recommendation of approval, subject to two conditions. The vote was 4-1 (Purdo dissenting, Krall and Parker absent). RECOMMENDED ACTION: By motion, approval of this Conditional Use request based upon the findings of, and conditions as follows, per the recommendations of the Planning and Zoning Board. Conditions of Approval: 1. That the final site plan be consistent with the sketch plan accompanying the Conditional Use request. 2. Platting be processed subsequent to site plan approval thereby assuring the ability to comply with all LDR requirements. Attachment: * P&Z Staff Report & Documentation of September 16, 1991 DJK/#90/CCBURNS.DOC 0<. PLANNING & ZONING BOARD 'CI·TY OF DELRAY BEACH --- STAFF REPORT -~- MEETING DATE: September 16, 1991 AGENDA ITEM: IV.B ITEM: Conditional Use Request to Allow a Specialized Scvice Shop (Tire Kingdom) ¡ DELRA Y WAll / HORTOH nRr UNTON BOULEVARD III tJl' =' \y z w *' ~ COSTCO ~ ... .... N ~ - GENERAL DA T A: Owner...........................Dan Burns Oldsmobile, Inc. Agent...........................Kieran J. Kilday Location........................On the southeast portion of the DBO Acres Plat, adjacent to the Florida East Coast (F.E.C.) Railroad. Property Slze...................O.803 Acres City Land Use Plan..............General Commercial and Industrial City Zoning.....................PC (Planned Commercial), concurrent rezoning to AC is in process. . Adjacent Zonlng.................Land to the north and south of the subject property is zoned I (Industrial), and to the east and west is PC. Existing Land Use...............Vacant Proposed Land Use...............A one-story 6435 s.f. building, to be used for speciality auto use (Tire Kingdom). Water Service...................Existing 8" water main runs along the north, east and south side of the subject property. Sewer Service.................. .Existing 8" sanitar'y sewer line 1\7.'0 in the DBO Acres Plat. , , ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Conditional Use request to establish a specialized service shop (Tire Kingdom store) at the southwest corner of the F.E.C. railroad and Linton Boulevard. A concept/sketch' plan is accompanying the Conditional Use request. , Upon approval of the Conditional Use request, the Site Plan approval action will rest with the SPRAB (Site Plan Review and Appearance Board). BACKGROUND: For full background information on the parcel refer to the DBO Acres rezoning petition which is before you on the same agenda. PROJECT DESCRIPTION: The Conditional Use request is to establish a 6,435 sq. ft.· one story Tire Kingdom store on the eastern most part of ,the DBO Acres plat. The store will have direct access onto Linton Boulevard and secondary access to S.W. 4th Avenue via an ingress/egress easement which runs through DBO Acres. The proposed building is to be orientated with the office component facing Linton Boulevard and 8 service bays with overhead doors facing the F.E.C. railroad and Dixie Highway right-of-way. If the accompanying rezoning to AC is recommended for approval the overall use issue will have been decided. As the parcel is less the the required 1.5 acres needed for sale and lease of vehicles the uses allowed are limited to AC conditional uses, one of which is specialized service shops. The staff report is therefore orientated to site specific issues which will mitigate potential impacts. If a recommendation of denial on the rezoning is forwarded to City Commission and ultimately passed the Conditional Use proposal will be mute. CONDITIONAL USE ANALYSIS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff report, or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. ". P&Z,Staff Report Tire Kingdom - Conditional Use Page 2 Future Land Use Map: (The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The Tire Kingdom use is classified as a "specialized service shop" which is allowed as a Conditional Use in the AC zoning district. The AC zoning district is consistent with the General Commercial land use designation. Concurrency: (Facilities which are provided by, or· through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. 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 exists to the site via main extensions constructed with development of Lots land 2 (Exxon and KFC). An 8" main with a fire hydrant runs down the east property line. Relocation of the existing fire hydrant will be required under the proposed development scenario. Sewer: Sewer service will require extension of an 8" main which currently ends at the eastern property line of the KFC site. In addition, a monitoring manhole and grease trap will be required. Drainage: . Drainage will be accommodated by exfiltration trenches with overflow runoff into inlets along Linton Boulevard. No problems are anticipated. ... P&Z Staff Report Tire Kingdom - Conditional Use Page 3 Streets and Traffic: A traffic report was submitted with the rezoning request. This use will generate 220 trips per day which is considered of minor impact. The report shows the L.O.S. on impacted roadways is not exceeded. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Open space requirements are a function of Section 4.6.16(H) (3) (perimeter requirements), Section 4.6.16(E)(Internal landscape requirements) as well as Section 4.3.4.(H)(6)(b) (Special Landscape Setbacks). In addition, pursuant to Section 4.3.44 a minimum of 25% of non vehicular open space shall be provided. Solid Waste: The method of solid waste disposal has not been indicated on the sketch plan. Dumpster disposal is the likely disposal method. In addition to normal disposal requirements separate waste disposal methods are anticipated for the used tires. Given the tightness of the site provision of a dumpster may require a reduction in building size, or increase in property size allocated to the use. It is noted the dumpster cannot be located over, or in, the utility easement or within 5' of the property line. The dumpster is also not desirable to the front of the site. Compliance with Land Development Requlations: The proposed use is allowable and can be accommodated under the Land Development Regulations. If the conditional use is approved, a full site plan submittal will be reviewed by the Site Plan Review and Appearance Board. Except for accommodating trash concerns, the site development can comply with the LDR's. To insure the site plan can meet all LDR's requirements establishment of the individual lot lines via the subdivision plat must be prepared subsequent to site plan approval. Consistency: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. ~I'''' P&Z Staff Report Tire Kingdom - Conditional Use I Page 4 No specific performance standards which relate to the Conditional Use request are set forth in Chapter 3. Pursuant to Section 2.4.5 (E) (5) (Findings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. The property is bordered by industrial uses to the south, commercial uses to the west, auto related uses to the north and office uses to the east. Along the east, the proposed use will have overhead doors facing the Dixie Highway right-of-way. Adjacent property compatibility is an issue along this . property line. Pursuant to Section 4.6.16(H)(3)(d) a 5' landscape buffer and trees with a maximum spacing of 30' on center is required between vehicular use areas and the east property line. At the request of staff the applicant has provided a sketch plan submittal which provides their perimeter landscape buffering proposal for this property line. The proposal includes the provision of a 2' berm, 4 ' hedging and canopy shade trees at a maximum spacing of 25' on center. In addition, massing of plantings of 5 ' - 6 ' hedges along with low ground cover are proposed at spacings of approximately 80' on center. This landscape treatment should provide adequate buffering to the screen the overhead doors. Given the applicant's buffering proposal for the east property line detrimental effects upon the stability of the neighborhood or hindrance on development or redevelopment of nearby properties would be mitigated. The following Comprehensive Plan, Goals, Objectives and Polices apply to this proposal: Land Use Obiective A1: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. "'1"1 P&Z Staff Report Tire Kingdom - Conditionál Use Page 5 The proposed development is compatible with proposed restaurant uses to the west in that the overhead doors are orientated to the east. Further, the facade facing the restaurant uses will be a solid wall with foundation landscape areas. The use is compatible with the office use to the east via the provision of the landscape buffer as shown on the accompanying sketch plan. The specialty auto uses are compatible with similar auto related uses to the north and industrial uses to the south. REVIEW BY OTHERS~ . The development proposal is not in geographic areas requiring review by either the (HPB) Historic Preservation Board, DDA (Downtown Development Author! ty) , or the CRA (Community Redevelopment Agency). Site Plan Review and Appearance Board: Final action on the site development plans rests with the Site Plan Review and Appearance Board. If approval of the Conditional Use is granted by City Commission a full site plan must be submitted for review and approval by the Site Plan Review and Appearance Board. ASSESSMENT AND CONCLUSIONS: The appropriateness of the use will be determined via action on the rezoning request. The applicant has provided a mitigation proposal for the over head doors abutting Dixie Highway and orientated the use to be compatible with adjacent land uses. Therefore, it would be appropriate to approve the Conditional use if the rezoning is to be approved. If the rezoning is to be denied the Conditional Use is mute. ALTERNATIVES: A. Continue with direction. B. Recommend approval of the request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S) C. Recommend denial of the Conditional request based upon a failure to make a positive finding with respect to Chapter 3 (Compatibility) of the Land Development Regulations, and policies of the Comprehensive Plan. t .. P~Z Staff Report Tire Kingdom - Conditional Use Page 6;' STAFF RECOMMENDATION: If a recommendation of denial is put forward on the rezoning request the public testi~ony should be taken and action on this item deferred. If the City Commission on first reading is inclined to accept the Planning and Zoning Board's recommendation the Conditional Use petition will become .mute. If on the other hand, the City Commission looks favorably on the rezoning request the Conditional use item can be brought to the City Commission concurrent with the rezoning at second reading. If the rezoning is recommended for approval a recommendation of approval of the Conditional use should be given based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5) and subject to the following conditions; 1- That the final site plan be consistent with the sketch plan accompanying the Conditional use request. 2. Plating be processed subsequent to site plan approval thereby assuring the ability to comply with all LDR requirements. PD/142/TIRE.TXT .. I , . , ; \ , t ~ ~ J I ) I J 'i I , ! ,.¡ ~ .' .": ...J ,., ~. "..1 1 ~ :1 ~'i .. u I- z 0'- ... .. - II: 0 :> .. en. :i ... .. .. 0 ., .. ... ... 0 · ., II: II: .. I ... :: . · ~ ~ .., '.. . .. j · .1 o·l .- ., :.¡ . ! " ..j I , ,I ; .' · ~1 .. r,- ./ .. '. '.. r · j I · ! . ~ .,' · '1 - - :~ .*,' " ,;: ;' ;. . .J ~·~·.,~::~~r . , . .~ . ;. , ; .. : .' 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