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Agenda Reg 02-15-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING FEBRUARY 15. 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAM~ER$ DELRAY BEACH 1993 The City will furnish auxiliary aids and services to afford an individu- al with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public com- ments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. ~enerally, remarks by an individual will be limit- ed to three minutes or less. The Mayor or presiding officer has discre- tion to adjust the amount of time allocated. A. Public Hearings: under this section. Any citizen is entitled to speak on items 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 Commis- sion, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary pur- pose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please 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 your name and address for the record. All comments must be addressed to the Commission as a body and not to indi- viduals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to contin- ue or again address the Commission is granted by a 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, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 2. 3. 4. 5. 6. Roll Call. Invoaation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Proclamations: Be Recognizing The Sandoway House on achieving the status of a Florida Certified Yard Recognizing and commending the 1999 Delray Rocks Football Program B. C. Consent Agenda: A. FINAL PLAT C. American Red Cross Month - March 2000 Presentations: Ernst & Young - Annual Audit Report Kathleen Daley - 2000 Legislative Agenda Tourist Development Council (Mayor Alperin) City Manager recommends approval. APPROVAL/SPANISH TRAIL - DOG"WOOD TOWNHOMES: B o Approve the final subdivision plat for Spanish Trail - Dogwood Townhomes, a three lot townhouse development to be located at the northwest corner of Spanish Trail and Dogwood Drive. LANDSCAPE MAINTENANCE AGREEMENT/ENTERPRISE RENT-A-CAR: Approve a Landscape Maintenance Agreement associated with Enterprise Rent-A-Car at 959 S.E. 6th Avenue. The subject property is located at the northeast corner of S.E. 6th Avenue (northbound Federal Highway) and S.E. 10th Street (Lots 1 & 2, Block 1, Rio Del Rey Shores). EXTENSION OF SEA TURTLE MONITORING CONTRACT WITH DR. JO~N FLETEMEYER: Approve an amendment to the letter agreement with Dr. John Fletemeyer for the sea turtle conservation program to · Regular Commission Meeting February 15, 2000 extend the contract for three years (through 2004) at the current annual rate of $13,444.20, with funding from 332-4164-572-34.90 (Beach Restoration Fund). The cost is partially reimbursed by federal and state appropriations. D. AMENDMENT TO LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY: Approve an amendment to the lease agreement with the FEC Railway for the City's lease of four (4) parcels of land for parking, roadway and beautification purposes, as amended to reduce the leased area, and a proportionate adjustment to the annual base rental fee. AMENDMENT ~001 TO SUBSTANCE ABUSE GRANT CONTRACT WITH FLORIDA DEPARTMENT OF CHILDREN & FAMILIES: Approve Amendment #001 to the contract between the City and the Department of Children & Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office which provides funding in the amount of $135,000 for substance abuse prevention activities through MAD DADS for FY 1999/2000 (July 1, 1999 thru June 30, 2000). FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM: Ho Approve a funding subsidy in the amount of $21,581.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program) representing the 96th homeownership assistance grant provided through the program to-date. SERVICE AUTHORIZATION #5/MATHEWS CONSULTING (BARRIER ISLAND IMPROVEMENTS): Approve Service Authorization %5 in the amount of $105,300.00 with Mathews Consulting, Inc. for preliminary and final design services related to the Barrier Island Improvements project, with funding from 448-5470-538-65.42 (Stormwater Utility - Barrier Island Improvements). This is a 2000 Roadway Improvement Bond project. CLOSEOUT CHANGE ORDER ~1 & FINAL PAYMENT/JMW CONSTRUCTION CORPORATION (RENOVATIONS TO POMPEY PARK RECREATIONAL FACILITIES): Approve closeout Change Order %1 in the amount of $22,673.01 and final payment in the amount of $34,294.21 to JMW Construction Corporation for completion of the Renovations to Pompey Park Recreational Facilities project, with funding in the amount of $27,083.21 from 334-4172-572-63.03 (Pompey Park Ballfields) and $7,211.00 from 112-2172-521-49.50 (Police Department Crime Prevention). RESOLUTION NO. 15-00: Approve a resolution assessing costs for the emergency board-up of an unsafe structure located at 45 N.W. 14th Avenue. RESOLUTION NO. 16-00: Approve a resolution assessing costs for abatement action necessary to remove nuisances on sixteen (16) properties throughout the City. -3- · Regular Commission Meeting February 15, 2000 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 31st through February 11, 2000. L. AWARD OF BIDS AND CONTRACTS: Lease award to Xerox for the three year lease of a Xerox 5352 Copier for the Engineering and Construction divisions at a total lease cost over the three year period of $10,629.00, with pricing per Florida State contract and funding from 001-2911-519-44.30 (Engineering - Equipment Rental/Lease). Contract award in the total amount of $249,998.00 to Green Team Enterprises, Inc. (d/b/a GTE, Inc.) for construction of the Community Center Addition and Roof Repair project (base bid for building addition @ $151,778.00 plus alternate bid for roof repairs @ $98,220.00), with funding from 334-4125-572-62.10 (Community Center Addition) for $151,778 and 334-6112-519-62.10 (R&R Buildings) for $98,220. o Bid award in the total amount of $55,510.00 to Line-Tech, Inc. for relocation of 57 water services from rear yard to front yard, with funding from 442-5178-536-65.17 (W&S Renewal & Replacement - Water Service Relocation). 9. Regular Agenda: APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's conditions of approval for the Silberstein Office Building (COA-399) located at 219 N.E. 1st Avenue. QUASI-JUDICIAL PROCEEDING B. CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY BEACH: Do Consider a request for conditional use modification to add 10,000 sq.ft, of floor area to the approved project for Creations of Delray Beach, located at the northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street within the former Winn Dixie building. The subject property is zoned CBD (Central Business District). The Planning and Zoning Board and staff recommend DENIAL. QUASI-JUDICIAL PROCEEDING ADDITIONAL FUNDING REQUEST/SANDOWAY HOUSE: Consider a request from The Sandoway House for funding assistance in the total amount of $17,200.00. CRA APPLICATION FOR TEA'21 (FORMERLY ISTEA) FUNDING FOR WEST ATLANTIC AVENUE: Consider a request from the Community Redevelopment Agency for the City's participation and assistance with the CRA's application to the Metropolitan Planning Organization (MPO) for TEA'21 (formerly ISTEA, Intermodal Surface Transportation Efficiency Act) funding for -4- · Regular Commission Meeting February 15, 2000 enhancement Avenue. or beautification activities on West Atlantic SPECIAL EVENT REOUEST/ST. PATRICK'S DAY PARADE: Consider a request for special event approval for the St. Patrick's Day Parade to be held on Saturday, March 11, 2000, including temporary use permits for street closures, staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. SPECIAL EVENT REQUEST/WINTER STREET CRAFT FESTIVAL: Consider a request for special event approval for the 5th Annual Delray Beach Winter Street Craft Festival to be held on February 26-27, 2000, from 10:00 a.m. to 5:00 p.m., including a temporary use permit and staff support for Police security with the event sponsor paying all overtime costs. Ge RESOLUTION NO. 14-00: Consider approval of a resolution authorizing the execution of a Bond Agreement with NationsBank in the amount of $10 Million at a rate of 5.245% for an approximate 20 year term, for the purpose of financing the 2000 Roadway Improvement Bond Program and a portion of the 800 MHz Radio System. LOCATION OF PLAYGROUND EOUIPMENT AT ORCHARD VIEW PARK: Consider an alternate site for the location of playground equipment at Orchard View Park that will be accessible to both school children and park users. REVISED PROPOSAL FOR ACQUISITION OF RECREATION FACILITIES AT INTERNATIONAL TENNIS RESORT: APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint a member (representative of employees or employee organizations) to the Public Employees Relations Commission (PERC) for a four year term ending March 13, 2004. The appointment will be made by Commissioner Schmidt (Seat #1). 10. Public Hearings: ORDINANCE NO. 3-00: An ordinance rezoning four properties located at the southwest corner of Palm Trail and McKee Lane from R-1-A (Single Family Residential) District to RM (Medium Density Residential) District. QUASI-JUDICIAL HEARING ORDINANCE NO. 5-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", by adding 'Catering Services' as a permitted use, and providing for floor area limitations and restrictions on vehicle storage in conjunction with said use. If passed, a second public hearing will be scheduled for March 7, 2000. -5- Regular Commission Meeting February 15, 2000 ORDINANCE NO. 2-00: An ordinance amending Chapter 56, "Stormwater", Section 56.04, "Definitions", of the City Code by removing the definitions of "Director" and "Department", and amending Section 56.17, "Adjustment of Stormwater Management Assessments", by adding the definition of the term "Director" ORDINANCE NO. 4-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations by adding 'Public Parking Lots' and 'Pocket Parks" as permitted uses within residential zoning districts. If passed, a second public hearing will be scheduled for March 7, 2000. 11. Comments and Inquiries on Non-Agenda Items Immediately following Public Hearings. from the Public- A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Co~ents and Inquiries on Non-Agenda Items. Ao City Manager City Attorney City Commission -6- FEBRUARY 15, 2000 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, February 15, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Bill Schwartz Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Jim Atchison, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Alperin noted the request for postponement for Item 9.B. to the March 7th regular meeting. Mr. Randolph moved to approve the agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Approval of Minutes: Mrs. Archer moved to approve the minutes of the Regu- lar Meeting of January 18, 2000, and the minutes of the Regular Meeting of February 1, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Proclamations: 6.A. Recognizing The Sandoway House on achievinq the status of a Florida Certified Yard. Mayor Alperin read and presented a proclamation in recognition of The Sandoway House achieving the status of a Florida Certified Yard. Carolyn Patton, on behalf of The Sando- way House Board of Directors, came forward to accept the procla- mation. 6.B. Recoc[nizinq and Football Proqram. commending the 1999 Delra¥ Rocks Mayor Alperin read and presented a proclamation recog- nizing and commending the 1999 Delray Rocks Football Program. Joe Weldon, Director of Parks and Recreation, came forward to accept the proclamation. On behalf of the participants, Coach Ben Leonard expressed his appreciation to the City Commission for their recognition. 6·C. American Red Cross Month - March 2000· Mayor Alperin noted a proclamation in recognition of March 2000 as American Red Cross Month. Presentations: 7·ao Ernst & Younq - Annual Audit Report· Paul Bremer, on behalf of Ernst & Young, presented the Comprehensive Annual Financial Report for the year ended Septem- ber 30, 1999. A copy of said report is on file in the City Clerk's office. 7·Bo Kathleen Daley - 2000 Leqislative Aqenda. Kathy Daley, City Lobbyist, presented an overview of the 2000 legislative agenda and discussed those areas on particu- lar interest to the City. As the session moves closer, she will report regularly to the City on issues that the City may want to address. CONSENT AGENDA: City Manager recommends approval. 8.ao FINAL PLAT APPROVAL/SPANISH TRAIL - DOGWOOD TOWN HOMES: Approve the final subdivision plat for Spanish Trail - Dogwood Townhomes, a three lot townhouse development to be located at the northwest corner of Spanish Trail and Dogwood Drive. 8.B. LANDSCAPE MAINTENANCE AGREEMENT/ENTERPRISE RENT-A- CAR: Approve a Landscape Maintenance Agreement associated with Enterprise Rent-A-Car at 959 S.E. 6th Avenue. The subject property is located at the northeast corner of S.E. 6th Avenue (northbound Federal Highway) and S.E. 10th Street (Lots 1 & 2, Block 1, Rio Del Rey Shores). 8.C· EXTENSION OF SEA TURTLE MONITORING CONTRACT WITH DR. JOHN FLETEMEYER: Approve an amendment to the letter agreement with Dr. John Fletemeyer for the sea turtle conservation program 2 02/15/00 to extend the contract for three years (through 2004) at the cur- rent annual rate of $13,444.20, with funding from 332-4164-572-34.90 (Beach Restoration Fund). The cost is par- tially reimbursed by federal and state appropriations. 8oDo AMENDMENT TO LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY: Approve an amendment to the lease agreement with the FEC Railway for the City's lease of four (4) parcels of land for parking, roadway and beautification purposes, as amend- ed to reduce the leased area, and a proportionate adjustment to the annual base rental fee. 8oEo AMENDMENT #001 TO SUBSTANCE ABUSE GRANT CONTRACT WITH FLORIDA DEPARTMENT OF CHILDREN & FAMILIES: Approve Amendment #001 to the contract between the City and the Department of Children & Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office which provides funding in the amount of $135,000 for substance abuse prevention activities through MAD DADS for FY 1999/2000 (July 1, 1999 thru June 30, 2000). 8oF. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO GRAM: Approve a funding subsidy in the amount of $21,581.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program) representing the 96th homeownership assistance grant provided through the program to-date. 8.G. SERVICE AUTHORIZATION #5/MATHEWS CONSULTING (BARRIER ISLAND IMPROVEMENTS): Approve Service Authorization %5 in the amount of $105,300.00 with Mathews Consulting, Inc. for prelimi- nary and final design services related to the Barrier Island Improvements project, with funding from 448-5470-538-65.42 (Stormwater Utility - Barrier Island Improvements). This is a 2000 Roadway Improvement Bond project. 8°a. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/JMW CONSTRUC TION CORPORATION (RENOVATIONS TO POMPEY PARK RECREATIONAL FACILI TIES): Approve closeout Change Order #1 in the amount of $22,673.01 and final payment in the amount of $34,294.21 to JMW Construction Corporation for completion of the Renovations to Pompey Park Recreational Facilities project, with funding in the amount of $27,083.21 from 334-4172-572-63.03 (Pompey Park Ball- fields) and $7,211.00 from 112-2172-521-49.50 (Police Department Crime Prevention). 8.I. RESOLUTION NO. 15-00: Approve a resolution assessing costs for the emergency board-up of an unsafe structure located at 45 N.W. 14th Avenue. The caption of Resolution No. 15-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND 3 02/15/00 DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 15-00 is on file in the City Clerk's office.) 8.J. RESOLUTION NO. 16-00: Approve a resolution assessing costs for abatement action necessary to remove nuisances on sixteen (16) properties throughout the City. The caption of Resolution No. 16-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 16-00 is on file in the City Clerk's office.) REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 31st through February 11, 2000. AWARD OF BIDS AND CONTRACTS: Lease award to Xerox for the three year lease of a Xerox 5352 Copier for the Engineering and Construction divisions at a total lease cost over the three year period of $10,629.00, with pricing per Florida State contract and funding from -4- 02/15/00 001-2911-519-44.30 Rental/Lease). Engineering Equipment Contract award in the total amount of $249,998.00 to Green Team Enterprises, Inc. (d/b/a GTE, Inc.) for construction of the Community Center Addition and Roof Repair project (base bid for building addition @ $151,778.00 plus alternate bid for roof repairs @ $98,220.00), with funding from 334-4125-572-62.10 (Community Center Addition) for $151,778 and 334-6112-519-62.10 (R&R Build- ings) for $98,220. Bid award in the total amount of $55,510.00 to Line-Tech, Inc. for relocation of 57 water servic- es from rear yard to front yard, with funding from 442-5178-536-65.17 (W&S Renewal & Replace- ment - Water Service Relocation). Mr. Schmidt moved to approve the consent agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's condi- tions of approval for the Silberstein Office Building (COA-399) located at 219 N.E. 1st Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney stated that this item would be conducted as a quasi-judicial proceeding which allows for presen- tations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Patricia Cayce, Historic Preservation Planner, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She then presented an overview of the issues to the Commission as out- lined in the staff report. Jeffrey Silberstein, applicant/architect, made a presentation in which he discussed the reasons why the changes had been incorporated into the building plans, and the basis for such changes. Mayor Alperin declared the public Speaking from the audience were the following: hearing open. -5- 02/15/00 Gene Fisher, 247 N.E. 1st Avenue, spoke in support of the project and the architectural elements incorporated into the building design. Jerald Hunt, 211 N.E. 1st Avenue, stated that the developer had done an excellent job of renovating the building and that it is in every way compatible with the remainder of Banker's Row. Cynthia Bush Everett, 248 N.E. 1st Avenue, spoke in opposition to the project based on the historical inaccuracies of the project and her feeling that it is out of place with the buildings that have been restored along Banker's Row. Tom Fleming, 215 N.E. 1st Avenue, spoke in favor of the changes as he feels they are entirely compatible with the neighborhood. Susan Hurlburt, on behalf of the Historic Preservation Board, urged the City Commission to uphold the Board's recommen- dation and deny the Certificate of Appropriateness. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. After discussion, Mr. Sehmidt moved to DENY the appeal for the Silberstein Office Building (COA-399). The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - No; Mr. Schwartz - No. Said motion FAILED by a vote of 3 to 2. Mr. Randolph moved to approve the appeal for the Silberstein Office Building (COA-399), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - No; Mr. Schmidt - No; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 9.Bo CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY BEACH: Consider a request for conditional use modification to add 10,000 sq.ft, of floor area to the approved project for Crea- tions of Delray Beach, located at the northeast corner of Pineap- ple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street within the former Winn Dixie building. The subject property is zoned CBD (Central Business District). The Planning and Zoning Board and staff recommend DENIAL. QUASI-JUDICIAL PROCEEDING It was the consensus of the City Commission to contin- ue this item to the March 7, 2000 regular meeting as requested by the applicant. 9.C. ADDITIONAL FUNDING REQUEST/SANDOWAY HOUSE: Consider a request from The Sandoway House for funding assistance in the total amount of $17,200.00. -6- 02/ls/00 Robert A. Barcinski, Assistant City Manager, presented an overview of the request and the reasons for the shortfall. After discussion, Mr. Schmidt moved to approve funding assistance in the amount of $8,000. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. CRA APPLICATION FOR TEA'21 (FORMERLY ISTEA) FUNDING FOR WEST ATLANTIC AVENUE: Consider a request from the Community Redevelopment Agency for the City's participation and assistance with the CRA's application to the Metropolitan Planning Organiza- tion (MPO) for TEA'21 (formerly ISTEA, Intermodal Surface Trans- portation Efficiency Act) funding for enhancement or beautifica- tion activities on West Atlantic Avenue. Mr. Schmidt moved to approve the CRA's request for City participation and assistance with the CRA's application to the Metropolitan Planning Organization for TEA'21 funding. The motion was seconded by Mrs. Archer. Upon roll call the Commis- sion voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REQUEST/ST. PATRICK'S DAY PARADE: Consider a request for special event approval for the St. Pat- tick's Day Parade to be held on Saturday, March 11, 2000, includ- ing temporary use permits for street closures, staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. Robert A. Barcinski, Assistant City Manager, presented an overview of the request as outlined in his memorandum to the Commission. Mr. Schmidt moved to approve the special event request for the St. Patrick's Day Parade as recommended by staff, second- ed by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mrs. Archer Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUEST/WINTER STREET CRAFT FESTIVAL: Consider a request for special event approval for the 5th Annual Delray Beach Winter Street Craft Festival to be held on February 26-27, 2000, from 10:00 a.m. to 5:00 p.m., including a temporary use permit and staff support for Police security with the event sponsor paying all overtime costs. Mrs. Archer moved to approve the special event request for the Winter Street Craft Festival as recommended by staff. The motion was seconded by Mr. Randolph. Upon roll call the -7- 02/ 5/00 Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.G. RESOLUTION NO. 14-00: Consider approval of a resolu- tion authorizing the execution of a Bond Agreement with Nations- Bank in the amount of $10 Million at a rate of 5.245% for an approximate 20 year term, for the purpose of financing the 2000 Roadway Improvement Bond Program and a portion of the 800 MHz Radio System. The caption of Resolution No. 14-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000.00 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS, SERIES 2000, OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF CERTAIN ROADWAY IMPROVEMENTS WITHIN THE CITY INCLUD- ING APPURTENANT WATER, SEWER AND DRAINAGE WORK, AND A PORTION OF THE COSTS OF A 800 MHZ RADIO SYSTEM AND ALL INCIDENTAL COSTS RELATING THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO BANK OF AMERICA, N.A., DOING BUSINESS AS NATIONS- BANK, N.A. (THE "BANK"); PROVIDING FOR THE TERMS AND PAYMENT OF SAID REVENUE BONDS, SERIES 2000, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID REVENUE BONDS, SERIES 2000; APPROV- ING THE FORM OF AND AUTHORIZING THE EXECU- TION OF A BOND PURCHASE AGREEMENT WITH THE BANK, DESIGNATING THE REVENUE BONDS, SERIES 2000 AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 14-00 is on file in the City Clerk's office.) Mr. Schmidt moved to approve Resolution No. 14-00, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 8 02/15/00 9.H. LOCATION OF PLAYGROUND EQUIPMENT AT ORCHARD VIEW PARK: Consider an alternate site for the location of playground equip- ment at Orchard View Park that will be accessible to both school children and park users. Joe Weldon, Director of Parks and Recreation, stated that a new location had been selected for the playground equip- ment. It is approximately 100 feet from the former location and is accessible to both the school and park users. Mrs. Archer moved to approve the location for the playground equipment at Orchard View Park as recommended by the Director of Parks and Recreation. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.I. REVISED PROPOSAL FOR ACQUISITION OF RECREATION FACILI- TIES AT THE INTERNATIONAL TENNIS RESORT: Mayor Alperin stepped down for this item, and passed the gavel to Vice-Mayor Schmidt. The City Manager presented a revised proposal concern- ing the Laver's facility. The owner will consider sale of the 15,000 sq.ft, building, the pool, parking and 14 tennis courts for $500,000. The Laver's Racquet Club Homeowners Association is interested in buying back ten of the tennis courts for $250,000. This would reduce the City's cost to $250,000. However, there would be additional cost for repairs and renova- tion of the clubhouse building, and at this time it is estimated these would run in the area of $150,000. If the Homeowners Association were to decide against purchasing the tennis courts, at this point the City would be looking at an expenditure in the neighborhood of $650,000. After discussion, it was the consensus of the City Commission to direct staff to continue negotiations with the owner and the Homeowners Association to see if firmer numbers could be arrived at. (Mayor Alperin returned to the dais at this time.) 9oJ. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint a member (representative of employees or employee organ- izations) to the Public Employees Relations Commission (PERC) for a four year term ending March 13, 2004. The appointment will be made by Commissioner Schmidt (Seat #1) . Commissioner Schmidt moved to reappoint Todd Jackson to the Public Employees Relations Commission as a representative of employees or employee organizations) for a four year term ending March 13, 2004. The motion was seconded by Mr. Ran- -9- 02/15/00 dolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz Yes; Mr. Ran- dolph Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10. PUBLIC gEARINGS: 10.A. ORDINANCE NO. 3-00: An ordinance rezoning four properties located at the southwest corner of Palm Trail and McKee Lane from R-1-A (Single Family Residential) District to RM (Medium Density Residential) District. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL gEARING The City Manager presented Ordinance No. 3-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) DISTRICT; SAID LAND BEING FOUR PROPERTIES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALM TRAIL AND McKEE LANE, AS MORE PARTICU- LARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-00 is on file in the City Clerk's office.) The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The Planning and Zoning Board considered this item at a public hearing and voted unanimously to recommend approval. Mayor Alperin declared the public hearing open. There being no one who wished to speak on this item, the public hear- ing was closed. Mr. Randolph moved to approve Ordinance No. 3-00 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. -10- 02/15/00 Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 5-00 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending LDR Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", by adding 'Catering Services' as a permitted use, and providing for floor area limitations and restrictions on vehicle storage in conjunction with said use. If passed, a second public hearing will be scheduled for March 7, 2000. The City Manager presented Ordinance No. 5-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.24, OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" BY ADDING 'CATERING . SERVICES' AS A pERMITTED USE; AMENDING SUBSECTION 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", TO PROVIDE FOR FLOOR AREA LIMITATIONS AND RESTRICTIONS ON VEHICLE STORAGE IN CONJUNCTION WITH CATERING SERVIC- ES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 5-00 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 2-00: An ordinance amending Chapter 56, "Stormwater", Section 56.04, "Definitions", of the City Code by removing the definitions of "Director" and "Department", and amending Section 56.17, "Adjustment of Stormwater Management Assessments", by adding the definition of the term "Director". Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 2-00: -11- 02/15/00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 56, "STORMWATER", SECTION 56.04, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REMOVING THE DEFINITION OF "DIRECTOR" AND BY REMOVING THE DEFINITION OF "DEPARTMENT"; AMENDING SECTION 56.17, "ADJUSTMENT OF STORMWATER MANAGEMENT ASSESSMENTS", BY ADDING THE DEFINITION OF THE TERM "DIRECTOR"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 2-00 on Second and FINAL Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 4-00 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending the Land Development Regulations by adding 'Public Parking Lots' and 'Pocket Parks" as permitted uses within residential zoning districts. If passed, a second public hearing will be scheduled for March 7, 2000. The City Manager presented Ordinance No. 4-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS" , SECTION 4.4 . 3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SUBSEC- TION 4.4.3 (B) , "PRINCIPAL USES AND STRUC- TURES PERMITTED"; AMENDING SECTION 4 . 4 . 5, "LOW DENSITY RESIDENTIAL (RL) DISTRICTS" , SUBSECTION 4.4.5(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; ALL BY ADDING 'PUBLIC PARKING LOTS NOT ASSOCIATED -12- 02/15/00 WITH A USE, PURSUANT TO AN ADOPTED NEIGHBOR- HOOD OR REDEVELOPMENT PLAN' AND 'PUBLIC POCKET PARKS' AS PERMITTED USES WITHIN THE RESPECTIVE ZONING DISTRICTS; BY AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE A DEFINI- TION FOR THE TERM 'POCKET PARK'; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Diane Dominguez, Director of Planning and Zoning, stated that further revisions need to be made to the ordinance and requested that it be denied. Mrs. Archer moved to DENY Ordinance No. 4-00 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. ries. There were no responses to prior comments and inqui- ll.B. From the Public. ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, stated that she was opposed to the City considering the purchase of any additional tennis courts at the Laver's facility. In her opinion, there is a greater need for the money to be spent on public safety is- sues. Mrs. Beer asked that she be provided with the figures from the Citrix tournament. 12. 13. First Readings: None Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The City Manager had no comments or inquiries. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 02/ 5/00 13.C. City Commission. 13.C.1. Commissioner Schmldt commented that the landscaping is overgrown at the Pines of Delray North development on Congress Avenue. He was aware that the development's wall was to be painted, but the landscaping is too overgrown to get in there. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Schwartz had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin had no comments or inquiries. There being no further business, adjourned by Mayor Alperin at 8:30 p.m. the meeting was City Cl~k ' ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the February 15, 2000 regular meeting of said City Commission, which minutes were formally approved and adopted by the City Commission on ~~ ~ ~~ City Cle~ / NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -14- 02/15/00 WHEREAS, Florida Yards & Neighborhoods is a public education and outreach program in partnership with the University of Florida Cooperative Extension Service. It's purpose is to create and maintain attractive landscapes to enhance our community and to protect Florida's natural environment, and WHEREAS, with Florida's rapid population growth, tremendous pressure has been placed upon water resources. An amazing natural system of recharge areas and springs links the above and below ground water sources (aquifers) tha~ sustain Florida's vital ecosystems and provide us with water; and WHEREAS, today we realize that in the past we were not as careful as we could have been in preventing destruction of Florida's natural resources. However, we are learning from our mistakes and rebuilding the state' s valuable ecosystems; and WHEREAS, Florida Yards & Neighborhoods through public education gives advice and instruction on how to design and maintain a yard that uses less water, fertilizer and pesticides, thus helping to eliminate excessive chemicals in our stormwater runoff; and WHEREAS, on behalf of the University of Florida and Palm Beach County Florida Yards & Neighborhoods, the Sandoway House and Mayor Jay Alperin are recognized for their extraordinary effort in creating a Florida friendly yard, demonstrated with a futuristic plan for landscaping design and a practical ecosystem approach to maintenance practices. The Sandoway House became a Florida Certified Yard property on September 1, 1999. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend THE SANDOWAY HOUSE for attaining the status of a FLORIDA CERTIFIED YARD and encourage all citizens to recognize the importance of this program and our goal to improve water quality in Delray Beach by being aware of our natural environment and taking care of Florida's ecosystem. IN W~TNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of February, 2000. Jay All)erin Mayor UNWERSITY OF FLORIDA Cooperative Extension Service Institute of Food and Agricultural Sciences January 20, 2000 Mr. David Harden City Managers Office 100 NW 1'" Ave Delray Beach, FL 33444 RECEIVED .14N 2 ~1 20811 CiTy. M/iNA GER Dear Mr. Harden: I am requesting a proclamation be made on behalf of Mayor Jay Alpedn and the Sandaway House for their extraordinary effort in creating a Flodda fdendly yard. The organizational leaders demonstrated a futuristic plan for landscaping designs and a practical ecosystem approach to maintenance practices. The Sandaway House became a Flodda Certified Yard property on September 1, 1999, receiving an official signage for their property. There is a set of criteria and standards that must be met in order to attain this status. Landscape principles evaluated included water conservation, native plant selection, creation of wildlife habitats and the reduction of stormwater runoff. Our program is a public education and outreach program educating people on the impact their landscape maintenance has on natural resources. Our goal is to improve water quality in area lakes, lagoons and underground aquifers by changing landscape maintenance practices to reduce stormwater runoff. We are in partnership with the University of Flodda, Loxahatchee River, Indian River and Lake Worth Lagoons (intercoastal waterways). Public recognition is an important part of the program. Our hope is that your organization will also view this as a step in positive stewardship for our environment. I am looking forward to hearing from you about our request for a proclamation. Should you require any further information, please do not hesitate to contact me at 561-233-1748. Carolyn Sari Extension Agent Palm Beach County Fiodda Yards & Neighborhoods CA/II The Institute of Food and Agricultural Sciences is an Equal Employment Opportunity -Aff, rmat,ve Action Employer authorized to provide research, educational information and other services only to individuals and msbtutlons that function without regard to race, color, sex, age, handtcap or national orlgm COOPERATIVE EXTENSION WORK IN AGRICULTURE, HOME ECONOMICS, STATE OF FLORIDA, [FAS, UNIVERSITY OF FLORIDA, U S DEPARTMENT OF AGRICULTURE, AND BOARDS OF COUNTY COMMISSIONERS COOPERATING WHEREAS, the Delray Rocks Football Program is sponsored by the Delray Beach Parks and Recreation Department and the players and cheerleaders proudly represent the City of Delray Beach; and WHEREAS, three teams advanced to the South Florida Youth Football League playoffs in the League Championships; and WHEREAS, the 75-pound team (Coach Gerrall Lewis) advanced to the Championship game and was runner-up in the South Florida Youth Football Championship at Florida International University, in North Miami Stadium, on November 20, 1999. The 75-pound team was also runner-up in the Sports Network International Competition held on November 27, 1999, in Daytona Beach, Florida; and WHEREAS, the 95-pound team (Coach Gene Tarver) advanced to the second round of the South Florida Youth Football League Championship and won the Sports Network International Competition held on November 27, 1999, in Daytona Beach, Florida; and WHEREAS, the 120-pound team (Coach Walter Stephens) advanced to the third round of the South Florida Youth Football League Championship and was runner-up in the Sports Network International Competition held on November 27, 1999, in Daytona Beach, Florida; and WHEREAS, the 75-pound Cheerleading squad (Coach Dysonya Mitchell), the 95-pound Cheerleading squad (Coach Maria Jackson), the 120-pound Cheerleading squad (Coach Joyce Neal), and the 150-pound Cheerleading squad (Coach Lori Johnson) all received EXCELLENT rating at the South Florida Youth Football Cheerleading Competition held on November 14, 1999 at Ely High School in Pompano Beach, and the 95-pound squad won First Place in the Dance Competition at the Sports Network International Cheerleading Competition held on November 27, 1999 in Daytona Beach; and WHEREAS, the parents, friends and cheerleaders of the Delray Rocks represented the City of Delray Beach in outstanding fashion in support of the accomplishments of these young men and women and their coaches. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks and Cheerleaders to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15~ day of February, 2000. Jay AlpeHn Mayor AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: January 26, 2000 XX Proclamation __SpecialAgenda __WorkshopAgenda When: February 15, 2000 Description ofagendaitem: Request City Commission to approve and sign Proclamation honoring Delray Rocks Football Program. Mayor to ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached. YES Recommendation: Approval and Mayor NO X NO X signing Proclamation. Department Head Signature: '~IL/TM Determination of Consistency with C~mprehensive Plan: City Attorney Review/Recommendati0n (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: e~ ~/~/~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved , (if applicable) PROCLAMATION WHEREAS, the DELRAY ROCKS FOOTBALL Program is sponsored by the Delray Beach Parks and Recreation Department and the players and cheerleaders proudly represent the City of Delray Beach; and WHEREAS, three teams advanced to the South Florida Youth Football League playoffs in the League Championships; and WHEREAS, the 75 - pound team ( Coach Gerrall Lewis ) advanced to the Championship game and were runner-up's in the South Florida Youth Football Championship at Florida International University, in North Miami Stadium, on November 20th, 1999 and also were runner-up's in the Sports Network International Competition, held on November 27th. 1999, in Daytona Beach, FIodda; and WHEREAS, the 95-pound team ( Coach Gene Tarver ) advanced to the second round of the South Florida Youth Football League Championship and won the Sports Network International Competition, held on November 27th. 1999, in Daytona Beach, Florida; and WHEREAS, the 120-pound team ( Coach Walter Stephens ) advanced to the third round of the South Florida Youth Football League Championship and were runner-up's in the Sports Network International Competition, held on November 27~h, 1999, in Daytona Beach, Florida; and WHEREAS, the 75-pound Cheerleading squad ( Coach Dysonya Mitchell ), the 95-pound Cheerleading squad ( Coach Maria Jackson ), the 120-pound Cheerleading squad ( Coach Joyce Neal ) 150-pound Cheerleading squad (Coach Lori Johnson )all received excellent rating at the South Florida Youth Football Cheerleading Competition, at Ely High School, in Pompano Beach, Florida, on November 14th, 1999 and the 95-pound squad were 1st. place in the Dance Competition, at the Sports Network International Cheerleading Competition, held on November 27th, 1999 in Daytona Beach, Florida; and WHEREAS, the parents, friends and cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these young men and women and their coaches. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks and Cheerleaders to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" IN WITNESS WHERE~F, I have hereunto set my hand and caused the Official seal of the City of Delray Beach, Florida, to be affixed this ~sthday of Feb., 2000. WHEREAS, the Amedcan Red Cross is always there, under the same trusted symbol, servicing our community and touching more lives in new ways by providing lifesaving information, training, and disaster relief to individuals. At the same time, they serve alongside our men and women in uniform wherever they are deployed, relaying urgent family messages and providing a precious link with home; and WHEREAS, the Red Cross is a leading voluntary agency meeting the needs of individuals and families affected by personal emergencies and disaster. They also have been the staunchest of friends and neighbors to millions of people both here at home and around the world; and WHEREAS, the Red Cross is designated by the Congress of the United States in the act approved January 5, 1905, as amended, 36 U.S.C. Sections 1-9, as the lead voluntary agency responsible for national and international relief in time of peace and to apply the same in mitigating the sufferings caused by pestilence, famine, tire, floods, and other great national calamities, and to devise and carry on measures for preventing the same; and WHEREAS, the Red Cross has trained thousands of people in our community in essential skills such as first aid and CPR, and provided HIV/AIDS prevention education and disaster preparedness information, saving untold numbers of lives; and WHEREAS, March has been designated as American Red Cross Month by U.S. Presidential Proclamation to celebrate the achievements of the Red Cross in the services it provides to communities nationwide, and WHEREAS, I commend the generous spidt of all those who carry out the important work of the American Red Cross, and I encourage all Americans to support their efforts, whether by giving blood, donating funds to help disaster victims, or becoming Red Cross Volunteers themselves. In doing so, we will ensure that the Amedcan Red Cross will continue its tradition of compassionate service in the 21= century and beyond. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim March 2000 as AMERICAN RED CROSS MONTH In Delray Beach, Flodda and urge our citizens to become active participants in advancing the noble mission of the American Red Cross. 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 15th day of February, 2000. Jay All)erin Mayor ,I February 7~h, 2000 Dear Mayor, As Proclaimed by the President of the United States, "March is Red Cross Month." Across the nation, friends of the American Red Cross are doing their part to help us increase awareness. This year we are asking for your support in an effort to promote awareness in the community. People in this community take comfort in the fact that the Red Cross is always there: offering help when fire strikes, hurricanes, or other disasters. We reunite families separated by war and Holocaust. We train people in CPR, First Aid, water safety and HIV/AIDS prevention. We provide emergency communications and financial assistance to military families. We do quite a bit and need your help to spread the word. We would greatly appreciate having you declare a proclamation that March is Red Cross Month. Please propose this proclamation to your municipality during your next council meeting. Once your proclamation is issued, the Red Cross can provide your office with an official Red Cross flag to be proudly flown throughout the month. We admire your commitment to the community' and we respect our working relationship. As a participant in Red Cross Month, you would be providing public service to our community. Please call me directly at 561-650-9105 so that we can work out the details of this partnership. I look forward to talking with you soon, ENCL: A Sample Proclamation for your convenience. American Red Cross Sample Proclamation Text WItEREAS, the American Red Cross is always there, under the same trusted symbol, serving our community and touching more lives in new ways by providing lifesaving information, training, and disaster relief to individuals and families for the past [number] years; and, WltEREAS, the Red Cross is a leading voluntary agency meeting the needs of individuals and families affected by personal emergencies and disaster, and, WIIEREAS, the Red Cross is designated by the Congress of the United States in the act approved January 5, 1905, as amended, 36 U.S.C Sections 1-9, as the lead voluntary agency responsible for national and international relief in time of peace and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry on measures for preventing the same; and, WHEREAS, the Red Cross has trained lnumDer] people in our commu.nity in essential skills such as first aid and CPR, and provided ItIV/MDS prevention education and disaster preparedness information, saving untold numbers of lives; and, WHEREAS, March has been designated as "Red Cross Month" by U.S. Presidential Proclamation to celebrate the achievement of the Red Cross in the services it provides to communities nationwide; NOW TItEREFORE, I do recognize the Red Cross as the lead voluntary agency to help families prepare for a disaster and meet the immediate needs of individuals affected by disaster, and a leading voluntary agency training families in first aid, CPR, and lilY/AIDS prevention education; and providing other needed services, FURTttER, I urge that our community acknowledge and support the ongoing contribution of the Red Cross in helping our families prevent, prepare for, and respond to emergencies and disasters during Red Cross Month and throughout the year. Date In testimony whereof I have hereunto signed my name officially and caused the Seal of [location] to be ,affixed. Commu~xit¥ Campaign Handbook 85 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ff~' - REGULAR MEETING OF FEBRUARY 15, 2000 FINAL PLAT APPROVAL/SPANISH TRAIL-DOGWOOD TOWNHOMES DATE: FEBRUARY 8, 2000 This is before the Commission to approve the final subdivision plat for 'Spamsh Trail - Dogwood Townhomes', a three lot townhouse development to be located at the northwest corner of Spanish Trail and Dogwood Drive. The project was approved by the Site Plan Review and Appearance Board on October 20, 1999. A condition of approval was that a sub&vision plat be recorded prior to the ~ssuance of any building permits. All techmcal and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for 'Spamsh Trail - Dogwood Townhomes'. RefiAgmemol 0 Final Plat Spamsh Trail-Dogwood Townhomes Agenda Item No. SA Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: Jan. 27, 2000 When: Feb. 15, 2000 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Spanish Trail - Dogwood Townhomes. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomm~=~nds approval of th~Subdivision Plat for Spanish Trail - Dogwood Town~ets.~/~. , // Department head signature: ~.~~-~~ Z-%-o~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~ ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Advanced builders file:s/engadmin/tac/advanced builders/agenda 2-15-00.doc ~E'CEIVED CITy MANAGuR City Of Delray Beach Depa~nt of Environmental Semices M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: Barron E. Caronite, PE, Assistant City Enginee~'~'/ January 27, 2000 Spanish Trail - Dogwood Townhomes Plat Please find the a agenda request for Commission approval of the subdivision plat for Spanish Trail - Dogwood Townhomes attached. I have also enclosed a location map, and a reduced copy of the plat. The site is located at the Northwest intersection of Spanish Trail and Dogwood Drive. Site plan approval was granted on October 20, 1999, by the Site Plan Review and Appearance Board. The subdivision plat consists of 3 townhouse units fronting on Dogwood Drive. CC: Richard C. Hasko, P.E., ESD Director Randal L. Krejcarek, P.E., City Engineer Paul Doffing, Principal Planner Michelle E. Hoyland, Planner · s;~engadminttacladvanced builders~Agenda memo 2-15-00. doc ' ' i J PND CLEARY ST } GRANADA , ,, 0 , t (, CANAL LO~ON ~AP ~onishtr-D~ .... oo- ~oo TO: THRU: FROM: SUBJECT: DAVID T. HARDEN DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SCOTT PAPE, SENIOR PLANNE~ MEETING OF FEBRUARY 15, 2000 ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT ASSOCIATED WITH ENTERPRISE RENT-A-CAR (959 SE 6m AVENUE). The action requested of the City Commission is acceptance of a landscape maintenance agreement associated with Enterprise Rent-A-Car, located at the northeast corner of SE 6th Avenue (Northbound Federal Highway) and SE 10th Street. At its meeting of April 7, 1999, the Site Plan Review and Appearance Board (SPRAB) approved the site plan modification for Enterprise Rent-A-Car subject to conditions. A condition of approval is that an agreement be executed to maintain and irrigate the landscaping on the west side of the SE 7th Avenue right-of-way in lieu of planting all of the required landscaping on the east side of the subject property. This agreement is necessary to compensate for the reduction of the required number of trees to be planted on the east side of the commercial property. The Board approved the site plan subject to the City Commission's acceptance of this agreement. The agreement has been reviewed by the City Attorney's office for sufficiency and form. By motion, accept the landscape maintenance agreement for Enterprise Rent-A-Car. Attachments: r~ Location Map ~ Landscape Maintenance Agreement I SE 9TH S E 10TH ST. ST ST SE 8TH DELRA Y PLACE CONDOS EXE CU TI YE QUA R TERS -- FLORANDA TRAILER ' PARK S E 12TH RD THE PLAZA AT DELRA Y WOODS BANYAN TREE LANE OLD HARBOUR PLAZA HARBOUR SIDE DOMAINE DELRAY BANYAN TREE VILLAGE HARBOURS EDGE HARBOURS EDGE H-- Z LIN TON BOULEVARD N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ENTERPRISE RENT-A-CAR --- DIGII'AI 8,4SE M,4p SYSTEM -- MAP REF. LM332 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this If/day of ~/d~ l&~ , 199~by and between the City of Delray Beach, Florida ("City")and/~///C//~. /~/~*/' ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of~/k/,~,~ ~//['/' /~,~//~e~r pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of~/,~'ff, ~//f? .~l gr,~//r~ and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit fi:om the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, reference. 3. Exhibit "B", attached hereto and incorporated herein by The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items 2 which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a mitten notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of ,/~r~:~r~f.~ ,~/'el or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney , ,~NE_~ SSES~ }' (]~rint or Ty~ Name~ / ,/ ., 199__. CITY OF DELRAY BEACH, FLORIDA By: Jay Alperin, Mayor 4 STATE OF FLORIDA The foregoing instrument was acknowledged before me this~~day of/~~ (Print or Tj~e Name~ (OFFICIAL NOTARIAL SEAL) ][ ,,~.~ CA~,.'m G. ~ State and County Aforesaid My Commission Expires: EXk-IIESIT "A" DESCF~IPTION- LOTE~ ! ~ 2, BLOC. f( 1, I~10 DEL t~P.E'T' TO THE PLAT THE~ ~ ~~ED N PLAT ~ 2~, FLO~ID~ E X H I B I T "B" IUd TO: THRU: FROM: DIA,N~ DOMINGUEZ,, DIRECTOR OF PLANNING AND ZONING PAUL DORLING, PF~ClPAL PLANNER SUBJECT: MEETING OF FEBUARY 15, 2000 ***CONSENT AGENDA *** SEA TURTLE MONITORING CONTRACT EXTENSION WITH DR. JOHN FLETEMEYER THROUGH YEAR 2004 AT THE CURRENT YEARLY RATE OF $13,444.20. In June, 1994 the City Commission approved an amendment to the letter agreement with Dr. John Fletemeyer for the sea turtle conservation project. The agreement was for four years at an annual cost of $9,844.20. On March 4, 1997 this agreement was amended to include an additional six weeks of monitoring as required by Florida Department of Environmental Protection. This amendment extended the current turtle monitoring contract through October of 2000 at an annual cost of $13,444.20. Monitoring commences each year from March 1st and continues until the end of the sea turtle hatching season (approx. October). The monitoring costs are partially reimbursed by Federal and State appropriations. A request has been received from Dr. John Fletemeyer for a three-year extension at no increase in costs. The extension will permit some long range planning and the continuation of the program at its current level of commitment until the end of year 2004. Funds are available in the Beach Restoration Fund (Act # 332-4164-572-34.90) and are partially reimbursable from State and Federal sources. Recommend approval of the amendment to the letter agreement with Dr. John Fletemeyer through the year 2004 for the sea turtle conservation program. Attachments Extension request letter S:\adv\beach\turtle19 ?. ~ 21 October 1999 Mr. Paul Dorling Planning and Zoning Dept. 100 NW 1st Ave. Delray Beach, Florida 33444 Re: 1999 Sea Turtle Monitoring Report Dear Paul, Please find enclosed this year's sea turtle monitoring report. I am happy to report that this year was rather uneventful in regards to turtle nesting. On a positive note we had a fairly good year with 225 nests observed. This represents the fifth best nesting year in the 16 year history of the program and represents a number slightly higher than the mean of 206 nests. At this time I would like to thank you for your support. Also I would like to thank the Code Enforcement Dept. Due to their diligence and immediate response to problem lights, we managed to avoid most problems. Considering my future plans for retiring from my job and from turtle work, I would like the opportunity to conclude a 20 year tenure with the Delray turtle program. If I'm not mistaken, I have one remaining year with on my contract. ,~I ~would like. to request a three year extension at this time at no increase in · c~s~tO~DeIr~'~. This will permit me to do some long range planning and will allow the continuation of this program at its current level of commitment and professionalism until the year 2,004. The only exception to the above in regards to cost would involve a beach nourishment program or some other event on the beach. With the current climate with the FDEP and their desire not to permit work during turtle season, this possibility seems highly unlikely. If I decide to terminate my turtle work in four years and after 20 years of service, I will make every effort to train some competent and dedicate workers to ensure the continuation of this program well into the future. At your earliest convenience, I would appreciate knowing that my contract with Delray is being extended according to my request. On,c~ again thank you for your support. S y, ~Q~John R. Fletemeyer Enclosure 21VED 1999 ZONING Aquatic Research, Conservation, and Safety 1331 Ponce de Leon Drive Fort Lauderdal~ Florida 33316 (305) 764-6149 April 20, 1997 Mr. ~r Planning and Zoning Dept. City of Delray Beach 100 N.W. 1st Ave. Deiray Beach, Florida 33444 Re: Commencement of Sea Turtle Monitoring on March 1, 1997 Dear John, I am responding to your request to change the traditional April 14th start date of the Delray Beach sea turtle monitoring program to March 1, 1997. To allow for the additional six weeks of monitoring, I would like to request a change in my monitoring contract to include an additional $3,600.00 in monitoring fees. This added amount will cover hiring an additional assistant for six weeks, contractual insurance to cover this additional period, expanded cellular phone coverage, gas, vehicle use, an additional interim report and a number of miscellaneous expenses. Also as a condition of changing my permit to allow for an earlier start date, I would like my sea turtle monitoring contract with Delray Beach to be expanded to include the next four seasons; from 1997, 1998, 1999, and 2000. This is request is being made in order to schedule purchasing a new vehicle, retaining the most skilled, knowledge and reliable assistants possible, and to schedule the~~._~ .... ~ some new com~uter software year period. Please note that I would like to go officially on the record to state that moving the sea turtle monitoring season up six weeks in my opinion is a waste of time and tax payer's money. A review of my data that I have collected over the past ten years on Delray beach reveals that nesting with a few rare exceptions does not begin until mid to late April. Please respond to my letter at your earliest convenience so that I can have time to mobilize. ~. ~John R. F~ PLANNING & ZONING Ail-America City z' March 12, 1997 ~993 Dr. John Fletemeyer 1331 Ponce De Leon Drive Fort Lauderdale, Florida 33316 Re: 1997 SEA TURTLE CONSERVATION PROJECT Dear Dr. Fletemeyer: The City Commission approved an amendment to your contract at its meeting of March 4, 1997. This amendment extended the contract through the year 2000, and added an additional six weeks of monitoring time to each year's project. Monitoring will commence each year on March 1st and continue until the end of the sea turtle hatching season. As stated in your proposal of April 20th, the additional monitoring time will add $3,600.00 to the annual contract cost, for a total of $13,444.20. The City intends to further investigate avenues of appeal to the Florida Department of Environmental Protection requirement for monitoring prior to April 15th. Therefore, the City Commission's approval contained a caveat that, if we are able to negotiate a commencement date later than March 1st, there would be a pro rata reduction in the additional contract fee. The other project parameters remain the same as in previous years. Some highlights of the program include: Project limits are from the north to the south City limits, inclusive. The landmarks are the north side of the Southampton Condominium at the north City limit, and the south side of the Cote De Azur Motel at the south City limit. Areas in which nests will be relocated and "hatchery" areas will be determined in the field. As in previous years, we would like to relocate the fewest nests possible, subject to the potential safety and viability of the To: Dr. John Fleterneyer Re: 1997 Sea Turtle Conservation Project Page 2 hatchlings. Last year the relocation area was from Casaurina Road north to the volleyball courts. This area of the municipal beach has a lower dune and building profile, making it more subject to adverse affects from the background glow of City-wide lighting, and has a generally higher level of evening activity. In the final report, you noted that three partial disorientation's occurred at the northern limit of this area. Please evaluate this parameter as you continue to seek the optimum balance between hatching success and the desire to reduce manipulation of the nests. In your final report for this year, please define the areas in which nests were relocated and their relationship to previous years. Monitoring should begin at dawn and be completed by 8:00 AM. We have instructed the beach cleaning contractor to begin work after 7:00 AM. As in prior years, please coordinate with the beach cleaner to assure that monitoring occurs before the beach cleaning operation. Please submit a copy of your sea turtle monitoring permit and the insurance certificate as soon as possible. We understand that monitoring began on March 1st, based on our verbal authorization. We appreciate your cooperation in mobilizing on such short notice and look forward to our continuing successful relationship. Sincerely, DAVID T. HARDEN City Manager c~ Kirby Green, Deputy Secretary, FDEP David Tolces, Assistant City Attorney Jackie Rooney, Senior Buyer John Walker, Project Coordinator S:\adv\beach\turtle9 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/b/ AGENDA ITEM ~./~)'- REGULAR MEETING OF FEBRUARY 15, 2000 AMENDMENT TO LEASE AGREEMENT WITH FLORIDA EAST COAST DATE: RAILWAY COMPANY FEBRUARY 9, 2000 The City leases four (4) parcels of land from the Florida East Coast Railway Company for parking, roadway and beautification purposes. We received the attached letter mforrning the City that FEC will be increasing the base rental for these parcels to $6,000.00 annually, effective December 17, 1999. We currently pay $4,535.00 per year. The City entered into the lease agreement with FEC for six parcels of land in December, 1996. In September, 1997, FEC informed us that two of the parcels had been sold. The lease was amended to reflect that only four parcels would be subject to the agreement and the annual rental was reduced from $5,900.00 to $4,535.00. There have been no adjustments since that ttme. City staff has reviewed the area we are currently leasing and recommends that we terminate the lease of Parcel "E" south of S.E. 3rd Street. The FEC has indicated that the lease cost would be reduced proportionately. Recommend approval of the amendment to the lease agreement with the Honda East Coast Railway Company, excluding Parcel "E" south of S.E. 3'd Street. RefiAgmemol 1.Amendment to FEC Lease Agmt. £1TV 13F DELRI:IV BER£H D£LRAY BEACH AII-AmericaCity ~ebmary 2, 2000 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 561/243-7000 1993 Mr. M. O. Bagley, Director Industrial Development & Real Estate Florida East Coast Railway Company P.O. Box 1048 St. Augustine, Florida 32085-1048 RE: Delray Beach Lease of 4 Parcels for Parking, Roadway and Beautification - MP 316+3857% Dear Mr. Bagley: The City has determined that it no longer wishes to lease that portion of Parcel E under the referenced lease located south of S.E. 3rd Street. This will reduce the area being leased as Parcel E by about one halfi Please let me know the revised cost of this lease in light of the reduced area we are requesting. In the meantime, I will present the lease amendment to the City Commission for their action at their next meeting. Thank you for your assistance. Sincerely, David T. Harden City Manager DTH:kwg File.u:graham/cmgr Doc.:Ltr to M O. Bagley re FEC Leased Parcels Printed on Recycled Paper THE EFFORT ALWAYS MATTERS FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, P. O. BOX 1048, ST. AUGUSTINE, FLORIDA 32085-1048 January 12, 2000 ~IECEIVED File: 317-3-1 JAN 1 /t ~P,[I CITY M/~bl/~13EI:I DELRAY BEACH: City of Delray Beach - Lease of Four Parcels for Parking, Roadway and Beautification M P - 316 + 3857'+ Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: This has reference to your letter of December 8, 1999 concerning the return of the executed Letter Amendment forwarded to the City on September 24, 1999. To date, we have not received the executed amendment, nor have we heard further from you in regards to reducing the leased area. If you choose to reduce the leased area, we will handle your request at that time and refund any prepaid unearned rental that may be due. However, until such time, we must have the executed amendment on file for our records. In this regard, am requesting that you return the fully executed amendment at this time. Looking forward to an early reply and return of amendments. Sincerely yours, M. O~.~B~~I Industrial Development & Real Estate MOBgob FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, P. O. BOX 1048, ST. AUGUSTINE, FLORIDA 3~085-1048 September 24, 1999 File: 317-3-1 DEFRAY BEACH: City of Defray Beach - Lease of Four Parcels for Parking, Roadway and Beautification - MP 316 + 3857'+ Ms. Barbara Garito Deputy City Clerk City of Defray Beach 100 N.W. 1st Avenue Defray Beach, FL 33444 Dear Ms. Garito: As part of the Railway's ongoing Lease review and revision program, ren~s for Railway's property are periodically amended to reflect changing economic conditions. Additionally, new terms and conditions are added to reflect the changing needs of the customer and the Railway. Accordingly, your Lease has been amended to include a new rental charge as set forth below: Your base rental will be increased to $6,000.00 annually, plus Florida Sales and Use Tax, effective December 17, 1999, and you will thereafter be billed accordingly. All other terms and conditions of the Agreement will remain unchanged and in full force and effect. Kindly acknowledge your acceptance of this amendment by endorsing and returning one executed original to the undersigned prior to the effective date. Your prompt handling and return is requested. MOBPob Sincerely yours, M. O. Bagley, Director Industrial Development & Real Estate AMENDMENT TO AGREEMENT ACKNOWLEDGED AND ACCEPTED: This day of 19 By:~ Print Name and Title: cc: Ms. Bonnie Seyle Mr. R. J. Jones CITY ATTORNEY'S O[FIC DELRAY BEACH City 1993 DATE: TO: FROM: A\'E",LL · DELR&'; Lt-'Cl. FL'. ;,IDA .'-3--~z 407 2'~--,,_~''4¢ Writer's D~r¢c! Line. (561) 243-7099 MEMORANDUM September 29, 1997 City Commission David N. Tolces, Assistant City Attorne~ SUBJECT: Amendment to Lease Agreement with Florida East Coast Railway Co. -FEC' The City leases six parcels from the Florida East Coast Railway Co. The City Clerk received the attached letter informing the City that FEC sold parcels C & D to Nauplius Ltd. Parcels C & D are shown on the attached map. Parcel C is a sidewalk, and Parcel D is a parking lot across from the Social Security Office at S.E. 3rd Avenue. As a remit of the sale, FEC requests that the City Commission approve the attached amendment to the agreement. The amendment reflects that only four parcels will be subject to the agreement, and that the annual rental will be reduced from $5,900.00 to $4,535.00. We will be talking to the owner of Parcels C & D to clarify the use of these two parcels following the expiration of the agreement in December. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office Randal Krejcarek, City Engineer f¢c-4.dnt Ms. Barbara Garito Deputy City Clerk City of Delray Beach September 9, 1997 File: 317-3-1 AMENDMENT TO AGKEEMENT AS OUTLINED ON PAGE ONE OF THIS LETTER ACKNOWLEDGED AND ACCEPTED: CITY OF DELKAY BEACH By: (Print Name and Title) Date: TO HAVE AND TO HOLD the hereby leased property: For the term of one (1) year from the effective date hereof subject to renewal az provided in paragraph D hereof, or until terminated az hereinafter provided. LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS: An annual rental of $4,~3~.00, plus Florida Sales and Use Tax, payable in cash upon the execution and delivery of this lease, and if renewed, the same amount in cash in advance for each and every year thereafter until terminated. All rentals for initial and renewal terms are payable in cash on the date speci~ed, in advance, without oral or written demand. Lessee hereby expressly waiving such demand. LESSEE AND RAILWAY COVENANT AS FOLLOWS: A. In the event of termination ofthis lease by Railway before the expiration of the initial or any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts owing to Railway under this lease. B. That none of the provisions hereof shall be waived or modified, except by Railway, or by mutual agreement, in writing, and no a/leged verbal or written inducement prior to execution nor subsequent verbal wa/vet, or modification, shall be binding under any circumstances. Further, that this lease constitutes the entire understanding of the parties and that neither the failure of the Railway to enforce each and every provision, nor any course of conduct by the Kailway shall be considered az a waiver of these provisions. C. Either part~ may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of notice to the other party as hereinafter provided. If this lease is for a term of one or more years, then 30 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party. Ifthis lease is for any term less than one year, then 10 days prior not/ce in writing of the intention of the party to terminate this lease shall be given to the other party, PROVIDED, HOWEVER., Railway may, at its option, terminate this lease for any default or breach of lessee by giving 2 days notice in writing of such termination to the lessee. Any notice of termination shall be delivered to the other party by placing such notice in the United States mail with sufficient postage directed to the other party's post office address, either as last furnished to the terminating party or as otherwise known to it. D. If Lessee holds over and remains in possession of the hereby leased property after the expiration of the term specified in this lease, or any renewals of such term, this lease shall be considered az renewed for one (1) year, subject to the same terms and conditions as herein contained in tlis lease. That Lessee shall have no expectation of renewal and that the term of this lease is only for the time specified h~ subject always to the termination provisions and regard/ess of the length Page 2 _; · THIS LEASE, is effective this / ~ day of ~ A.D. 19 ~/a, , by and between FLORIDA EAST COAST RAILWAY COMPANY, hereinafter called "Railway" and CITY OF DELRAY BEACgi, a Municipal Corporation of the State of Florida, whose address is 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, hereinafter called "Lessee", WITNESSETH: That in consideration of the covenants herein contained to be kept and performed, Railway does hereby lease to said Lessee the following described property: Six Parcels of land on Railway's right of way and property at Delray Beach, Florida, more particularly described as follows: Pared A: A rectangularly shaped parcel of land measuimg 25 feet, easterly and westerly, by 400 feet, northerly and southerly, on Railway's easterly fight of way with northwest comer of said parcel located 25 feet easterly from and at right angles to a point located in the centerline of Railway's main track 3,857 feet, more or less, southerly from Mile Post No. 316, as measured from Jacksonville, Florida; thence continue southerly parallel with and 25 feet distant easterly from centerline of said main track for a distance of 400 feet to a point, thence continue easterly, at right angles to aforesaid course, for a distance of 25 feet to Railway's easterly right of way limit; thence continue northerly, coinciding with Railway's easterly right of way limit and parallel with the centerline of said main track for a distance of 400 feet; thence continue westerly at right angles to previously described course, for a distance of 25 feet to Point of Beginning Parcel B: parallelogram-shaped parcel of land measuiring 18 feet, east and west, by 1,275 feet, northerly and southerly, on Railway's westerly right of way with northeast comer of said parcel located 32 feet distant westerly from and at fight angles to a point in the centerline of Railway's main track, 3,107 feet, more or less, southerly from Mile Post No. 316, as measured from Jacksonville, Florida, thence continue southerly, parallel with and 32 feet distant westerly from centerline of said main track, for a distance of 1,275 feet; thence continue west for a distance of 18 feet to Railway's westerly right of way limit; thence continue northerly along said westerly right of way limit for a distance of 1,275 feet to a point; thence continue east for a distance of 18 feet to said Point of Beginning. 5298 File: 317-3-1 Page 1 Parcel C: A 5 foot strip of land on Railway's easterly fight of way with easterly line of said parcel commencing at a point on Railway's easterly right of way limit 5,045 feet southerly from Railway's Mile Post No. 316, as measured from Jacksonville, Florida, with easterly line continuing southerly and coinciding with Railway's easterly fight of way limit a distance of 675 feet, more or less, said easterly line also being the westerly line of S.E. 3rd Avenue, Delray Beach, Florida; southerly line of said parcel having a length of 5 feet coinciding with the northerly line of S.E. 2nd Street, Delray Beach, Florida, at fight angles to said easterly line, westerly line of said parcel being 5 feet distant westerly from and parallel with said easterly line, with northerly line having a length of 5 feet and being parallel with and 675 feet, more or less, distant northerly from said southerly line. Parcel D: A parcel of land on the station grounds of the Railway on the easterly side of its tracks south of S.E. First Street at Delray Beach, Florida, with northerly line being 80 feet in length coinciding with the south line of S.E. First Street and intersecting the centerline of the main track of the Railway at a point located 5,121 feet, more or less, southerly from the Railway's Mile Post No. 316 from Jacksonville, Florida, easterly line being 190 feet in length coinciding with the easterly limit of the said property of the Railway which is also the westerly line of S.E. Third Avenue, southerly line being 125 feet, more or less, in length and located parallel with said northerly line and westerly line being 195 feet, more or less, in length. Parcel E: A rectangularly-shaped parcel of land on the easterly side of Railway's right of way for its main track, with said parcel being 25 feet in width, easterly and westerly, by 1,270 feet, more or less, in length, northerly and southerly, with easterly limit of said parcel of ground space coinciding with the Railway's easterly right of way line, westerly limit being parallel with and 25 feet distant easterly of the centerline of the Railway's main track and northerly limit being located 505 feet, more or less, southerly from Railway's Mile Post No. 317 from Jacksonville, Florida. Parcel F: A parcel of land on the westerly side of Railway's fight of way for its main track at Delray Beach, Florida, more particularly described as follows: Beginning at a point located 4,450 feet, more or less, southerly from Railway's Mile Post No. 317 from Jacksonville, Florida, and 28 feet westerly of the centerline of Railway's main track; thence extending southerly parallel with and 28 feet distant westerly from the centerline of Railway's main track for a distance of 460 feet, more or less, to a point located 8 feet distant northerly ofthe north line of Swinton Avenue, as measured at right angles therefrom; thence westerly parallel with and 8 feet distant northerly from the north line of Swinton Avenue, as measured at right angles therefrom, thence westerly parallel with and 8 feet distant northerly of said north line of Swinton Avenue for 30 feet, more or less, to Railway's westerly fight of way line; thence northerly along said westerly right of way line for 430 feet, more or less; thence easterly for said westerly fight ofway line for 430 feet, more or less; thence easterly for 23 feet, more less, to Point of Beginning. All as shown on Railway's Drawings A-1277-A, A-1277-B, and A-1277-C, dated 11/29/96, attached hereto and made a pan hereof. Page I-A TO HAVE AND TO HOLD the hereby leased property: For the term of one (1) year from the effective date hereof subject to renewal as provided in paragraph D hereof, or until terminated as hereinafter provided. LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS: An annual rental of $5,900.00, plus Florida Sales and Use Tax, payable in cash upon the execution and delivery of this lease, and if renewed, the same amount in cash in advance for each and every year thereafter until terminated. All rentals for initial and renewal terms are payable in cash on the date specified, in advance, without oral or written demand. Lessee hereby expressly waiving such demand. LESSEE AND RAILWAY COVENANT AS FOLLOWS: A. In the event of termination of this lease by Railway before the expiration of the initial or any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts owing to Railway under this lease. B. That none of the provisions hereof shall be waived or modified, except by Railway, or by mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that this lease constitutes the entke understanding of the parties and that neither the failure of the Railway to enforce each and every provision, nor any course of conduct by the Railway shall be considered as a waiver of these provisions. C. Either party may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of notice to the other party as hereinafter provided. If this lease is for a term of one or more years, then 30 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party. If this lease is for any term less than one year, then 10 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party; PROVIDED, HOWEVER, Railway may, at its option, terminate this lease for any default or breach of lessee by giving 2 days notice in writing of such termination to the lessee. Any notice of termination shall be delivered to the other party by placing such notice in the United States mail with sufficient postage directed to the other party's post office address, either as last furnished to the terminating party or as otherwise known to it. D. If Lessee holds over and remains in possession of the hereby leased property after the expiration of the term specified in this lease, or any renewals of such term, this lease shall be considered as renewed for one (1) year, subject to the same terms and conditions as herein contained in tNs lease. That Lessee shall have no expectation of renewal and that the term of this lease is only for the time specified herein, subject always to the termination provisions and regardless of the length Page 2 oftime that Lessee has occupied the leased property, or the construction by Lessee of any buildings, structures, works, paving, barricades or personal property placed thereon. E. That if any provision or provisions of this lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. F. That Lessee shall use the leased property only for: Parcel A - Parking Parcel B - Roadway Parcel C - Sidewalk Parcel D -Parking Parcel E - Beautification Parcel F - Beautification AND LESSEE COVENANTS WITH RAILWAY AS FOLLOWS: 1. To keep the leased property and any buildings or other structure, now or hereafter erected thereon, in good condition and repair at Lessee's own expense during the existence of this lease, and to keep the leased property or premises free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous, inflammable or objectionable. Railway shall have no duty to inspect or maintain any of the leased property, buildings, or other structures, if any, during the term of this lease. 2. To vacate, quit and deliver up the leased property on or before any termination date of this lease in as good condition as it is now. 3. Not to erect or cause to be erected any building or other structure, or any addition to existing buildings or structures on the leased property without first obtaining the approval in writing by Railway of the location, material and construction of the same. 4. Not to sublet the leased property or any part thereof, nor assign this lease, without the consent in writing of Railway, this lease being executed by Railway upon the credit and reputation of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an assignment. 5. Not to take any action or allow any action to be taken by third parties which will interfere with or disparage Railway's title to the leased property. 6. Not to permit the use of the leased property in any manner that will obstruct or interfere with the operation of the Railway, or use of its property. Page 3 7. Not to make or suffer any waste or any unlawful, improper, or offensive use of the leased property or premises, or any use disapproved by Railway. 8. To the extent allowed by law, and subject to the limitations of Florida State Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of the death, personal injuries, damage or loss to any person or persons, including employees, agents and officers of Railway and of Lessee, directly or indirectly arising out of or on account of the leasing to or use of the property by Lessee; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants, or otherwise. 9. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of any loss or damage caused in any manner to any of Lessee's buildings, structures, works and any personal property whatsoever of Lessee, situated, placed, kept or stored on, in or near the property or premises hereby leased, as well as on account ofloss or damage to any personal property whatsoever, not owned by Lessee, whether owned by Railway or by others, arising directly or indirectly out of or on account of the leasing to or use by Lessee of the property hereby leased; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants or otherwise. 10. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify Railway for all loss, claims, damage, costs and expenses, including attorneys' fees and environmental cleanup costs arising from Lessee's presence upon or use of the leased premises which causes the premises to become contaminated by toxic or ha:'ardous substances or wastes above levels which exceed the allowable levels as set forth in local, state or federal laws and regulations. Railway shall have the right, at reasonable times during the term of this Lease, upon prior notice to Lessee and accompanied by a representative of Lessee (except in cases of emergency) to enter the leased property, including any building or structure that may at any time be on the leased property, for the purpose of examining and inspecting the condition of the leased property and to ensure Lessee's compliance with the terms and conditions of this Lease. 11. To be responsible for and pay Railway the actual cost and expense Railway may incur in paying for, repairing or replacing any engines, cars, rail material, cross-ties, equipment, tools, machinery, freight or other property whatsoever, either owned or in possession of Railway, lost or damaged by any default by Lessee hereunder, or negligence, affirmative act, or omission of Lessee. 12. To perform, at the sole expense of Lessee, all work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. Page 4 13. To pay, within thirty (30) days after presentation unto Lessee by Railway of bills for the same, all special assessments, ad valorem taxes, and any other taxes of whatsoever kind or nature levied by the United States of America, State of Florida, any county, municipality or special taxing district organized and existing under the laws of the State of Florida, upon any of the property or premises herein leased. All taxes and special assessments, payable on an annual basis, are to be pro- rated by the parties hereto for the year during which this lease is made, as well as the year in which the same may be terminated. 14. To pay in the same manner as provided in Paragraph 13 hereof, the amount of any necessary documentary stamp taxes required to be affixed to this lease under the laws of the United States of America, the State of Florida, or both. 15. To pay, either directly or upon bills presented unto Lessee by Railway within thirty (30) days atter presentation of the same, all bills for electricity for lighting or power, gas, water, telephone and telegraph services, or the proportionate part of the same used by Lessee upon or in the leased property or premises. 16. That it will indemni~t, save and hold ha.nnless Railway from any loss, claim or damage which Lessee may sustain arising directly or indirectly by reason of either existing or future zoning or other regulations promulgated by any governmental agency which may adversely affect use by Lessee of the lands hereinabove described, and Lessee shall assume all responsibility for procuring or complying with any ordinance, resolution, order, permit, consent or other such regulation, promulgated by any governmental agency whatsoever, for building or otherwise, required for the use of the premises hereinabove described or for the construction of any facilities upon such premises. 17. That it shall not permit others to use the whole or any part of the leased property or premises, except under and in compliance with the terms and conditions of this lease, and Lessee shall hold Railway harmless as to any such use. 18. That none of the provisions of Paragraph "A" hereof shall be construed as any waiver by Railway of any landlord's lien or liens of Railway upon any personal property, buildings or structures of Lessee, for any rental due or to become due hereunder unto Railway, and Lessee shall not remove any such structures, buildings or personal property from the hereinabove described premises, unless and until all rentals and any other sum of money herein specified to be paid the Railway shall have been fully paid unto Railway. 19. That Lessee shall remove any buildings, structures, works or personal property upon the leased property or premises, including any such items placed upon the leased property or premises subsequent to the date of this lease on or before any termination date ofthis lease, upon request from the Railway to do so, and in default thereof, such property shall become the property of the Railway. PROVIDED, HOWEVER, Railway may, at its option cause removal of the same from the hereby Page 5 leased property or premises and/or storage thereof, and storage of any of Lessee's property and property of others, placed by or with Lessee's permission or sufferance on the hereby leased property or premises. The reasonable cost or expense of removal and/or storage of any buildings, structures, works or personal property shall be paid by Lessee unto Railway forthwith upon demand for same. 20. That is waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the leased property specified in this agreement, or adjacent properties owned or leased by it, when any or all of such properties are taken by eminent domain proceedings or sold under the threat thereof. That this waiver and relinquishment applies whether (1) this lease is in existence on the date of taking or sale; or (2) has been terminated prior thereto. 21. That it is expressly agreed by and between the parties hereto that any obligations of the Lessee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same by Railway shall bear interest at the rate of twelve per cent (12%) per annum compounded annually from the date of presentation of the bill until same shall be paid. It is further expressly agreed that in the event Railway shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this agreement, Lessee will pay to Railway a reasonable attorney's fee on account thereof. Also in the event of litigation, the parties agree that the laws of the State of Florida will apply. In an action to enforce any of the provisions of this agreement, the parties hereto specifically agree that venue shall lie in St. Johns County, Florida 22. That its facilities and operations on the herein leased area shall conform to all applicable regulations and ordinances of any governmental agency having jurisdiction thereof. 23. That, at its expense, it will install and maintain facilities to prevent accumulation of surface water, industrial liquids, solid waste matter and sanitary waste resulting from Lessee's operations within the herein leased area. Such facilities to be approved by the Railway and any other governmental agency having jurisdiction thereof. 24. Should any portion of the property described in this lease be used for the loading, unloading or storage ofhsTardous materials, the Lessee shall (1) be solely responsible for ascertaining that local, state and federal laws, ordinances and regulations do not prohibit the loading, unloading or storage of hazardous materials on the leased property and (2) be solely responsible as between the Railway and the Lessee, for complying with all of the foregoing laws, ordinances and regulations which affect or regulate the loading, unloading or storage operations of hazardous materials on this leased property. Page 6 25. It is understood between the parties hereto that Railway reserves unto itself, its successors, permittees, licensees, or other persons, the right to construct and maintain other facilities, including but not limited to, pipelines and/or communication cables, over and across the Railway's affected herein leased property, and further, that Lessee shall take no measures to interfere with the construction or maintenance of said facilities and shall at all times allow ingress and egress to the herein leased property by said successors, permittees, licensees or other persons. 26. Lessee will do no grading on said leased ground space that will in any manner interfere with the Railway's roadbed or other facilities. 27. Lessee is specifically notified that its personnel may be working in an area containing buried active fiber-optic transmission cables as well as other cables and other facilities. Great care will be taken by the Lessee to ensure that no damage is done to those cables and facilities. However, if a cable or other facility is damaged or cut, Lessee agrees to indemnif3, Railway for any monetary damages which may result. 28. Lessee agrees that no plants, shrubbery, or other vegetation that would obstruct the view of motor vehicles or train crews using a crossing at grade, or interfere with the operation of trains, will be placed on the above described property; in addition to the above restriction, no plants, shrubbery or other vegetation having a height of more than two feet (2') will be placed within two hundred filly feet (250') of any at grade street crossing, and if such vegetation exceeds two feet (2') in height, the Railway may trim such vegetation to a two foot (2') height at Lessee's expense; that said plants, shrubbery or other vegetation shall be trimmed by the Lessee so as to maintain a distance from the centerline of the nearest track of twenty-five feet (25') and if such vegetation is closer than twenty-five feet (25') from the centerline of the nearest track, the Railway may trim or remove such vegetation so that no vegetation is within twenty-five feet (25') of the centerline of the nearest track at Lessee's expense. However, this restriction in no way limits the indemnification provisions of this lease as set forth in Paragraphs 8 and 9 hereof. Also, no plants, shrubbery or other vegetation of a hazardous nature that might produce injury to any person coming in contact with said plants, shrubbery or other vegetation will be placed upon said property of Railway by the Lessee. The placement of any wells by the Lessee on the property of the Railway is strictly prohibited. 29. Lessee recognizes ownersh/p of said property by the Railway and Lessee has no intention of setting up any claim of ownership to the herein leased properties. 30. Lessee shall, at its sole cost and expense, install, maintain, and/or replace such barricades and bumping blocks, as required by the Railway, to prevent automobiles from being parked or rolling beyond the space hereby leased. In the event Lessee does not maintain, and/or replace said barricades or bumping blocks to prevent automobiles from being parked or rolling beyond the space hereby leased within thirty (30) days after notification by Railway, then, in that event, this lease agreement shall be canceled and Lessee shall immediately vacate the property. 31. This agreement cancels and supersedes that certain Lease Agreement by and between the parties hereto, dated January 9, 1991, covering the hereinabove described property. Page 7 IN WITNESS WItEREOF, the parties hereto have caused these presents to be duly executed under the seal. Signed, sealed and delivered in the presence of: FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation Witnesses as to Raib~y- - -' Mary C. M~aell~;i~tant Secretary Date of Execution: Witness as to Lessee Witness as to Lessee CITY OF DELKAY BEACH a Municipal Corporation of the.~e of Florida ,...By: ,~ </Y/~ .,Z/- _- (SEAL) City Clerk ./'Date ofExecution: .,~zz,~Z,'r-~ ,-~ ~/~)~) 7:- Page 8 /~ ? 7.¢ + /Z,.2 /5 7~ 0 ~ C2 City of Delray Beach Commumty Development Diviston MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director, Community Improvement Department Kenneth L. Thomas, Coordinator, Community Development Division February 9, 2000 Approval of the Proposed Contract Amendment with State Department of Children and Families - Alcohol, Drug Abuse And Mental Health (Al)M) Program Office for FY 1999-2000 ITEM BEFORE THE COMMISSION The purpose of this item is to obtain approval of the proposed amended Standard Contract with the State of Florida Department of Children and Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office. This contract represents children and adult prevention activities for Fiscal Year 1999-2000 (July 1, 1999 - June 30, 2000). The total amount of funding being provided under this contract is $135,000. BACKGROUND The primary purpose of this grant is to support Child/Adolescent and Adult Programs and services to residents residing and homeowner's associations located within the City's Community Development Block Grant (CDBG) Program Target Area. The City of Delray Beach is the fiscal agent for these HRS funds. MAD DADS, Inc. is the non-profit partner that establishes policies and programs for these substance abuse activities. The Child/Adolescent component supports the programming efforts of MAD DADS's Excel Focus Five Program for fifth grade "at-risk" children residing in the Target Area and attending Pine Grove Elementary School. This contract amendment deletes the second Excel Focus Five site proposal for Plumosa Elementary and implements a Family and Teen prevention component. Under this component, activities include quarterly workshops, family interaction days, incentives, a mentoring collaborative with the Delray Beach Police Department, and a teen summit. The contract provides $95,000 in support of this component. The Adult component supporting community organizing, coalition building, and leadership development for adult residents living within the Pine Grove, Osceola, Fall Ridge, and La Paloma neighborhoods (associations) is unchanged. The grant requires a 33% local match that may either be met through in-kind services or cash. The City provides in-kind match in the form of office space and technical assistance from Community Improvement staff. This contract has been reviewed by the City Attomey's Office. RECOMMENDATIONS Staff recommends approval of this contract amendment in order to continue the provision of substance abuse prevention programs and services to children/adolescents and adults residing within the CDBG Target Area. Agenda Item Number: oe' ~ ' AGENDA REQUEST Request to be placed on: ~ Regular Agenda Special Agenda ~ Workshop Agenda XXXX Consent Agenda Date: February 3, 2000 When: February 15, 2000 Description of item (who, what, where, how much): Approval of the Fiscal Year 1999-2000 proposed contract amendment with the Florida Department of Children and Families (DCF) - Alcohol, Drug Abuse and Mental Health (ADM) Program Office providing the City $135,000 in Substance Abuse Prevention fimding assistance. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of the Fiscal Year 1999-2000 the proposed amended Standard Contract with the Florida Department of Children and Families (DCF). Department Head Signature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: .(if applicable) City Manager Review: Approved for Agenda:~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Ref: u:\dcf99-2000~agenda cover page AMENDMENT # 001 THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter referred to as the "department" and The City of Delray Beach, Hereinafter referred to as the "provider", amends contract # IH405. 1. Attachment I, Section A, Paragraph 2. b. (4) (d) (i) (ii) (iii) and (iv) is deleted. A new "2. b. (4) (d) (i) (ii) (iii) and (iv)" is added to read as follows: d. The department and the provider specifically agree and acknowledge that the Medicaid Program is the payor of last resort and: i. Provider services c~vered under the Florida Medicaid program for Medicaid recipients may be billed to the Medicaid program by the provider, unless the provider is already being paid by any other liable third party, and; ii. In no event shall the provider bill the Medicaid program for services or expenses for Medicaid recipients for whi.ch the provider has already been paid by any other liable third party, and; iii. Authorized provider services to non-Medicaid recipients, or for non-Medicaid covered services, may only be billed to the Department or any other non-Medicaid first or third party payor, and; iv. In no event shall both Medicaid and the Department be billed for the same service. 2. Attachment I, Section D, Paragraph 12 is amended to read: The provider agrees to submit demographic, admission, discharge, enrollment, placement, and service and performance data electronically and in a manner as specified in the Mental Health and Substance Abuse Measures and Data Handbook, 1s~ Edition, May 1999. a. District Nine, ADM Contract Providers agree to submit data directly to the ADM Program Office. Exhibit It must accompany the monthly electronic submission. b. The District Nine, ADM Program Office will send a Monthly Error Report Cover Sheet, Exhibit I to the provider. The provider agrees to correct all recorded errors within thirty (30) days and submit corrections to the ADM Program Office. A monthly Error Resubmission Summary Sheet, Exhibit J must accompany the submitted corrections. Attachment I, Section D, Paragraph 15 is amended to read: a. The district and provider have agreed on an Agency Operating Plan, the provider agrees to the district specific performance measures included in the agency operating plan, which is hereby incorporated herein by reference, as if fully set out here. b. The provider agrees to the following district specific performance measures: N/A c. The Provider agrees to be in full compliance with the following statutes: · Chapter 394: Quality Assurance - addresses QA plan and procedures · Chapter 65E-5: Quality of Treatment- addresses monitoring requirements · Chapter 65E-4: Quality Assurance - addresses continuity of care and services including peer review and utilization review Attachment I, Exhibit C is revised and attached. Attachment I, Exhibit F is revised and attached. 7. 8. 9. Attachment I, Exhibit H is added. Attachment I, Exhibit I is added. Attachment I, Exhibit J is added. This amendment shall begin on 01/15/00, or the date on which the amendment has been signed by both parties, whichever is later. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. This amendment and all its attachments are hereby made a part of the contract. IN WITNESS THEREOF, ihe parties hereto have caused this 10 page amendment to be executed by their officials thereunto duly authorized. PROVIDER: The City of Delra¥ Beach SIGNED BY: NAME: JAY ALPERIN TITLE: MAYOR DATE: FEDERAL EID #: 59-6000308 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SIGNED BY: NAME: LESTER P. BROWN, JR. TITLE: DISTRICT ADMINISTRATOR DATE: EXI-HBIT C REQUIRED REPORTS ADM Services Agency Name: The City of Deiray Beach Contract #: .IH405 Date: 01/12/00 Revision #: 001 I Due Date I # of Copies I Send to: Reports Required For All Providers Response to Monitoring Reports and Corrective Action Plans 30 days at, er I Contract Manager receipt Agency Service Capacity Budget Report FY 1999 Final 8/1/99 2 Contract Manager FY 2000 Draft 3/! 5/00 I Contract Manager Cost Center Expense Report FY 1999 Final 8/1/99 2 Contract Manager FY 2000 Dra_~ 3/15/00 I Contract Manager Cost Center Funding Sources and Revenue Re~rt FY 1999 Final 8/1/99 2 Contract Manager FY 2000 Draft 3/15/00 I Contract Manager FY 2000 Local Match Plan 3/I 5/00 I Contract Manager Monthly Data Required by the Mental Health and Substance 8 days at, er Electronic District Nme ADM Abuse Measures Grade month Submission Program Office Monthly Performance Outcome Data Submission Summary 8 days after Electronic District Nine ADM Sheet month Submission Program Office Monthly Error Resubmission Summary Sheet 8 days after Electronic District Nine ADM month Submission Program Office Reports Required for Substance Abuse Providers Waiting List Report N/A N/A N/A Alpha/Beta Pre and Post Repor~z N/A N/A N/A HIV Counseling and Testing N/A N/A N/A HIV Outreach Annual Report N/A N/A N/A Prevention Services R~port 8/1/00 1 Contract Manager Other Reports Children's Mental Health Priority Services List N/A N/A N/A Cost Center Personnel Detail Report 3/1 MOO I Contract Manager TANF Client Logs N/A N/A N/A TANF Outreach Logs N/A N/A N/A Revised 6/1/99 3 HC02 Exhibit F 8. EXPLAIN ANY CHANGES, ACHIEVEMENTS OR MODIFICATIONS FOR SERVICES TO BE PROVIDED UNDER THIS COST CENTER IN FY99/00: ao The projected changes to our program are as follows: To introduce a component to deal with children who are recommended by their teachers from third to fourth grade level who can benefit f-rom our program's commitment and structure. b. To find additional funding and stmffing to accomplish this task. c. To continue etiquette and charm programs for middle and high school students. d. To partner with the staff at Milagro Center and be able to develop and attend classes, seminars, special event activities and conferences directed at at-risk children self- esteem issues. e. To pa~ h-~er wit the Director of DAF ("Drug Abuse foundation) to enhance relationship that will benefit students serviced under the Excel Focus V Program, the Teen Program and Family-centered substance abuse/drop out prevention programs. go To develop and implemenf a family-centered substance abuse/drop-out prevention program for teenagers living within the established Community Development Block Target Area of Delray Beach. To develop a partnership with the Delray Beach Police Department to provide mentoring and tutoring to elementary school children under a new program entitled "KIDS, COPS, and CHARACTER." 9. EXPLAIN ANY PROPOSED CHANGES FOR SERVICE PROVISION IN FY99/00, RATIONALE: The City of Delray Beach in partnership with the MAD DADS, Inc. proposes to strengthen prevention efforts to elementary, middle and high school students. The proposed amendment is developed to create a more family<entered environment housed within the existing "Drop-In" Center. The goal is to create more parental involvement with at-risk students, utilizing various activities. The proposed activities are designed to create an atmosphere of positive interaction between lllc_p~~d JAN 0 5 ' "eQ 4 9DPOADM student, while educating the family on substance abuse, building better relations with their children and understanding ways to assist the child in their academic performance. The program will endeavor to accomplish these goals under the following activities: EXHIBIT F ACTIVITIES: Family Interaction Days - 15 families at each interaction day. 1 interaction day per month and the goal is 45 families for the year. Materials needed: Art and Crafts supplies, games, movies, food, and site for activity. The desire is to involve the Center for Creative Education. o Quarterly workshops - ToPics to include domestic violence, substance abuse, Child abuse/neglect, H1V/STD awareness/prevention. The goal is to have 20 families/workshop. Materials needed: foods, educational handouts, guest speakers, site for activity. Incentives - Rewards and/or positive reinforcement for approximately 90 afterschool participants to enhance self-esteem. Materials needed: Award/certificates, various gift cards or gift certificates o Teen Summit - to promote youth development and neighborhood ownership Among teenagers. Weekend activity for 60 teenagers. Materials needed: site, food, vendors, educational handouts, facilitators. KIDS, COPS, and Character Mentoring Project- to discourage youth delinquency and build stronger relations, hips between the police and neighborhoods. Character builders can include reading sessions, career hour, police presentations on topics such as gang avoidance, crime, drugs, etc. Materials needed: Availabl~ police officers 5 RECEtVED JAN 5 9DPOADM Due to an increase in our grant allocation, the following is our revised budget for the Substance Abuse State Grant, $135,000-account 118-1928-554: Personal Services 12.10 Regular Services Program Coordinator (full-time position) Neighborhood Organizer (full-time position) Amount 30,992 24,070 13.10 Part-time Salaries 2 Activities Coordinators x 8.74 hr x 15 hrs x 35 weeks 1 Recreation Supervisor I x 9.35 hr x 15 hrs x 35 weeks 1 Office Assistant ~ Drop-In Center Liason 9,177 4,909 8,820 21.10 Employer FICA Program Coordinator Neighborhood Organizer 2 Activity Coordinators 1 Recreational Supervisor I 1 Office Assistant ri 2,100 1,840 7O0 395 68O 23.10 Life Insurance 180 23.20 Disability Insurance 6OO 23.30 Health Insurance 24.10 Worker's Compensation Program Coordinator 13 6 Neighborhood Organizer 130 6 Pm-time employees 275, 4,460 535 25.10 Unemployment Compensation 4O 25.20 Employee Assistance Program 80 Personal Services 34.90 Other Contractual Service 89,577 12,560 6 Drug Prevention Activities at Pine Grove Elementary School: Chess Class $25 x 1 activities x 24 students 600 Dance Class $30 x 1 activities x 24 students 720 Special Tutor $30 x 2 activities x 24 students 1,440 Life Skills $25 x 1 activities x 24 students 600 ArffMusic $100 x 1 activities x 24 students 2,400 Drama Class $25 x 1 activities x 24 students 600 Transportati6n 4,200 -cost of driver will be contracted for use of a van supplied by Milagro Center to and from activities. , Start-up supplies for Teen Prevention Component 2,000 40.10 Travel and Training 1,800 Local mileage expenses for Program Coordinator to visit area Elementary and Middle Schools at 35 miles per day x 5 days x 35 weeks at $.29 per mile. 41.10 Telephone Expense 230 42.10 Postage 500 48.10 Special Events 18,500 Special events x ~48 students x $5 each student -cost of tickets into cultural activities 1,400 Teen Summit Quarterly Workshops Family Interaction Days Incentive Program Kids, Cops, and Character 7,500 4,200 1,600 2,000 3,000 48.90 Other Promotional Activities 7,500 Disney Trip for elementary school children St. Augustine Trip for middle school children Holiday Life skill social and etiquette training 3,000 2,500 2,000 54.30 Training/Educational Cost 380 41,510 99.02 Contingency 3,283 RECEIVED JAN/t 9D C 711/99 EXHIBIT H Monthly Performance Outcome Data Submission Summary Sheet Provider Submission Date Data for the Period of / I to I / Adult Children's Adult Children's Mental Hlth Mental Hlth Sub Abuse Sub Abuse Total Number of Files in this Submission Total Number of Admissions in this Submission Total Number of Enrollments in this Submission Total Number of Service Events in this Submission Total Number of SISAR Placements in t~s Submission Total Number of PB2 Status Changes in this Submission Total Number of SISAR Discharges in this Submission Submitted by: Date: 12/23199DATA FORM Form PO2 Version 1.0 711/99 EXHIBIT I Error Report Cover Sheet Provider Date to Provider Error Report for the Period of __ i I to / I Adult Children's Adult Children's Mental Hlth Mental Hlth Sub Abuse Sub Abuse Total Number of Errors in this Submission Total Number of Admissions Requiring Correction Total Number of Enrollments Requiring Correction Total Number of Service Events Requiring Correction Total Number of SISAR Placements Requiring Correction Total Number of PB2 Status Changes Requiring Correction Total Number of SlSAR Discharges Requiring Correction Forwarded by: Date: 12/23/99DATA FORM Form PO1 Version 1.0 111199 EXHIBIT J Monthly Error Resubmission Summary Sheet Provider Submission Date Data for the Period of / / to / I Adult Children's Adult Children's Mental Hlth Mental Hlth Sub Abuse Sub Abuse Total Number of Corrected Errors in this Submission Total Number of Corrected Admissions Total Number of Corrected Enrollments Total Number of Corrected Service Events Total Number of Corrected SISAR Placements Total Number of Corrected PB2 Status Changes Total Number of Corrected SISAR Discharges Submitted by: Date: 10 12/23/99DATA FORM Form PO3 Version 1.0 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Coordinator Lula Butler, Community Improvement Director ~ February 9, 2000 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one eligible applicant under the Delray Beach Renaissance Program. This subsidy represents the 96~ homeownership assistance grant provided under the City's Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one eligible applicant of the following property: (New Construction) xxx SW 9th Street (Lot 23, Bellview Court, PB 11 PG 46, Palm Beach County) Agenda Item No.: ~/;7 AGENDA REQUEST Request to be placed on: ~ Regular Agenda ~ Special Agenda ~ Workshop Agenda xxxxx Consent Agenda Date: February 9, 2000 When: February 15, 2000 Description of item: Authorization and approval to issue a subsidy to one eligible applicant under the Delray Beach Renaissance Program totaling $21,581.00. Note: Frederick and Rose L. Pasterin represent the 96th homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of the subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $21,581.00 Account Number: 118-1924-554.83-01 Department Head S~gnature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~O Funding Alternatives: Account No. & Description: Account Balance: ~t :~j?~, .(if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Frederick and Rose L. Pasterin PROPERTY ADDRESS xxx SW 9th Street, Delray Beach LEGAL DESCRPTION Lot 23, BELLVIEW COURT, PB 11 PG 46, Palm Beach County % OF AREA MEDIAN HOUSEHOLD INCOME 51% NO. COST OF CONSTRUCTION: $86,900 COST OF EXISTING UNIT: Non-Profit Developer's Fee $2,500 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 77,900.00 RATE 6.60 % LTV 81 % SECOND MORTGAGE $ THIRD MORTGAGE $ GRANT $ COST OF LOT (including rehabilitation costs) $ 21,581.00 $ $ 919.00 IN HOUSEHOLD 4 .$9,000 Community Finance Consortium City of Delray, HOME City of Delray, SHIP CRA of Delray Housing Authority Federal Home Loan Bank HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ 950.00 Estimated Closing Costs (Lender 1003) $ 3,940.66 TOTAL TRANSACTION $ 100~790.66 Estimated cash fxom/to borrower (Lender 1003) $ 2,890.66 (meets 2% requirement) ,_g f~ '~R~ACT "A' '_':' I0 : 9 m~ 5i ?7 19,1,. .W. 'SUNSET P,d RI( [ /.~ / / (/0 SOU THERN '" SILt~E! MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGERff/~ AGENDA ITEM o0'G - REGULAR MEETING OF FEBRUARY 15, 2000 DATE: SERVICE AUTHORIZATION #5/MATHEWS CONSULTING, (BARRIER ISLAND IMPROVEMENTS) FEBRUARY 8, 2000 INC. This is before the City Comtmssion to approve Sermce Authorization #5 in the amount of $105,300.00 with Mathews Consulting, Inc. for prehmmary and final design services associated with the Barrier Island Improvements project, which ~s a part of the 2000 Roadway Improvement Bond Program. Included in the project are improvements on Ingraham Avenue, Lamg Street, Island Drive, Harbor Drive, George Bush Boulevard, Andrews Avenue and Pelican Lane. The project's boundaries are shown on the accompanying map. The improvements wdl include sanitary sewer (e.g. gravxty main and manholes) rehabflitatton, drainage improvements, water mam upgrades, tie-ins and stub-outs, as well as roadway reconstruction and resurfacing. Funding will be from 448-5470-538-65.42 (Stormwater Utility - Barrier Island Improvements). Recommend approval of Service Authorizauon #5 w~th Mathews Consulting, Inc. for professional servmes related to the Barrier Island Improvements project. Ref. Agmemol 6.Serv~ceAuth.#5.Mathews Consulting. Barrier Island Imp. Agenda Item No. ~G AGENDA REQUEST Date: 3-Feb-2000 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda VVhen: 15-Feb-2000 Description of item (who, what, where, how much): Attached is an agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 5 with Mathews Consulting, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on Ingraham Avenue, Laing Street, Harmon Court, Sandpiper Lane, Island Drive, Harbor Drive, George Bush Boulevard, Andrews Avenue, and Pelican Lane. These improvements include: sanitary sewer (e.g. gravity main and manholes) rehabilitation, drainage improvements, water main upgrades, tie-ins and stub-outs, roadway reconstruction/resurfacing. The attached map shows the project locations. Total cost for this Service Authorization is $105,300.00. Funding is available from account # 448-5470-538-65.42, Barrier Island Improvements. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-I'ACHED YES/NO Recommendation: Staff recommends approval)authorization Department head signature Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable)[ Budget Director Review (r.~ on all items involving expenditure of funds): Funding availabl_~ YES/~O Funding alternativ'es_.-~ (if applicable) Account No. & Description 448-5470-538-65.42, Bar. rier Island Improvements Account Balance $1 (35,300.00 (after transfer) ~ ~'~~ ~ City Manager Review: ~ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved t~EssrvOO2~departments~EngAdmintProjects~2000~2000-O48iOFFIClAL tagendaOl.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer,k~~ 3 February 2000 2000 Road Bond Program Barrier Island Improvements Project # 2000-048 Commission Agenda Item Service Authorization # 5 with Mathews Consulting Attached is an agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 5 with Mathews Consulting, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on Ingraham Avenue, Laing Street, Harmon Court, Sandpiper Lane, Island Drive, Harbor Drive, George Bush Boulevard, Andrews Avenue, and Pelican Lane. These improvements include: · sanitary sewer (e.g. gravity main and manholes) rehabilitation · drainage improvements · water main upgrades, tie-ins and stub-outs · roadway reconstruction/resurfacing The attached map shows the project location. Total cost for this Service Authorization is $105,300.00. Funding is available from account # 448-5470-538-65.42, Barrier Island Improvements. Please place this item on the 15 February 2000 Commission Agenda. enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file ~EssrvOO2~departments~EngAdmin~Projects~2000~OOO-O48tOFFICIAL ~agendamemoOf .doc PEUCAN HARBOR ISLAND AVE INGRAHAM AVE LANE DRIVE LOCATION MAP t lo~_~.~ ~/7/oo ER ISLAND IMPROVEMENTSl/ ~J~ P~o.~t .o. 2ooo-o~ J/ 1 of 1 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. CITY P.O. NO. CITY PROJECT NO. FOR CONSULTING SERVICES CITY EXPENSE CODE:, 2000-048 MATHEWS CONSULT. PROJECT NO. 1079 TITLE: t30rrier I~10nd Infrastructure Improvements This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services PROJECT DESCRIPTION The City's 1999/2000 Capital Improvement Program has identified various improvement areas on the Barrier Island that are in need of infrastructure improvements (e.g. roadway reconstmction/resurfacing, stormwater, water mains, sanitary sewer rehabilitation, ere,). The areas identified are as follows: · CIP No. 1527 Potable Water - Install approximately 1,240 LF of 8" water main along Pelican Lane from S.R. A1A to the end of the road. · CIP No. 1528 Potable Water - Install approximately 360 LF of 8" water main along Andrews Avenue from Pelican Lane to George Bush Boulevard. · Phase III George Bush Blvd. Stormwater - Install approximately 500 LF of 24" Exfiltration Trench along with required Type C inlet structures and swales along George Bush Blvd. from Andrews Avenue to east of Intracoastal Waterway. Blcontract.doc02/01/00 1 MATHEWS CONSULTING · CIPNo. 1013 C Roadway - Reconstruct approximately 920 LF of Harbor Drive from Andrews Avenue to the end. Potable Water - Install pigging fittings in the existing water main and clean line. The work does not include any design services for new water main. Stormwater - Replace existing stormwater pipe (approximately 920 LF of 30" pipe) and extend an additional 100 LF west to the Intracoastal Waterway. Stormwater - Install approximately 400 LF of stormwater pipe (size to be determined) along Harbor Drive from Andrews Avenue to east end of road. Additional Survey- 50' Lot · CIP 1014 E Roadway - Reconstruct approximately 970 LF of Island Drive from Andrews Avenue to the end. Stormwater - Install approximately 810 LF of 21" stormwater pipe along Island Drive from the Intracoastal Waterway to west of Andrews Avenue. Potable Water - Install approximately 440 LF of 8" water main along Island Drive fi.om the west end to the existing 8" water main. Note: City provided to Consultant topographical survey of project area that is to be used as base drawing for design. ...................... .r iniprc, vc, m;,nts. · CIP 1018 C Roadway - Reconstruct approximately 140 LF of Harmon Ct. located between Sandoway Lane and Andrews Avenue and S.R. A1A. Potable Water - Install approximately 140 LF of 8" water main along Harmon Ct. between North End and Laing Street and Andrews Avenue and S.R. A1A. Blcontract. doc02/01/00 2 MATHEWS CONSULTING Stormwater- Install drainage swales along all roadway improvements. · CIP 1558 Potable Water - Install approximately 800 LF of 8" water main along Laing Street from S.R. A1A to Andrews Avenue, and 130 LF of 8" water main from Laing Street to North End. · CIP 2013 C Roadway - Reconstruct approximately 540 LF of Ingraham Avenue from Gleason Street to S.1L A1A. Potable Water - Install approximately 540 LF of 8" water main along Ingraham Avenue from Gleason Street to S.R. A1A. Stormwater - Install drainage swales along all roadway improvements. The scope of this Service Authofizaton is, but not limited to providing survey services, geotechnical services, final design, permitting and bidding services for the work described above for the Barrier Island Infrastructure Improvements. lie SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. Phase II - Preliminary_ Design Phase Not Applicable. : phase III - Final Design Phase Consultant shall provide final design phase services in accordance with Article III. C of the Agreement for Engineering Services with the City, dated June 2, 1999. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" -- 2' for profile. Consultant shall prepare the engineering design elements on topographic survey BIcontract. doc02/O1/O0 3 MATHEWS CONSULTING information prepared by Consultant's surveyor using AutoCAD Release 14 format. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Drawings and specifications (four copies) shall be submitted for City review at 50% and 90% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (Version 14 or current City version) files in electronic format on 3-1/2" disk. At the 50%, 90% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Bidding/Negotiation Phase Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide one (1) master set of bidding documents to the City to make copies and issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Consultant shall attend pre-bM conference and provide a written summary of issues discussed. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. BIcontract.doc02/01/00 4 MATHEWS CONSULTING phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. Consultant shall famish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full fight-of-way of the established construction limits will be referenced by baseline station with an offset distance (lef~ or fight) from baseline for the project and will include the following: Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: ao Location of all visible fixed improvements within the fight-of-way (including 5-feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. Also, provide finished floor elevations. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and dm/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. Co Identify platted fights-of-way (including bearing and distances for centefline), lot numbers, house address, ownership lines, block numbers and dedicated easements. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low BIcontract. doc02/01/00 5 MATHEWS CONSULTING points and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. The above topographical survey data will be prepared in AutoCAD (Version 14) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. The CAD drawing shall also include: · Location of soil borings. · Location of utility pot holing. Other - Geoteehnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: Perform up to eight (8) standard penetration test (SPT) borings to an average depth of ten (10) feet. Evaluate field data collected and provide geotectmical engineering evaluation report. Other - Permittine At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department (PBCHD), Florida Department of Transportation (FDOT), and City of Delray Beach. Permit applications shall be completed for SFWMD, PBCHD, FDOT, and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: BIcontract.doc02/01/00 6 MATHEWS CONSULTING · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. Note: Permitting services for SFWMD do not include stormwater basin modeling of the project area. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage and roadway improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid in accordance with the Agreement. · A time established for completion of the work. HI. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services SurveyO) Phase IIIa) Phase IV Time per Phase 8 weeks 8 weeks 6 weeks (1) Geotechnical will be completed during Survey time period. (2) Permits will be prepared during Phase III time period. Cumulative Time 8 weeks 16 weeks 22 weeks BIcontract.doc02/01/00 7 MATHEWS CONSULTING IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. En~neering Services Phase HI - Final Design Phase Phase IV - Bidding Phase Survey Geotechnical Permitting Out-of-Pocket Expenses Additional Services $ 68,000.00 $ 3,000.00 $ 27,100.00 $ 2,500.00 $ 3,000.00 $ 1,700.00o) $ 10.000.00 TOTAL PROJECT COST - ~(2) $ 105,300.oo Notes:. (1) Out-of-Pocket Expenses include the following: printing/reproduction and postage. (a)Total project cost does not include the $10, O00 for Additional Services (if authorized by the City). Blcontract.doc02/01/00 8 MATHEWS CONSULTING This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date:. Jay Alperin, Mayor MATHEWS CONSULTING, INC. Date: ,2 - i - oo W~tness Attest: Approved as to Legal Sufficiency and Form iRIS B NELSON CC600256 (-' - OCT. ~,2QOl STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was ackndowledged before me this/~g'day of~-ff2,& , 2000 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me). or (has produced identification), Florida Driver's License and (did/did not) take an oath. S,gnat~f person taking acknowleklgement Blcontract.doc02/01/00 9 MATHEWS CONSULTING MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff~ AGENDA ITEM ~r. fi/'- REGULAR MEETING OF FEBRUARY 15, 2000 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/JMW DATE: CONSTRUCTION CORPORATION PARK RECREATIONAL FACILITIES) FEBRUARY 10, 1999 (RENOVATIONS TO POMPEY This is before the City Comm_tss~on to approve closeout Change Order #1 in the net add amount of $22,673.01 wxth JMW Constmcnon Corporation for complenon of the renovattons to Pompey Park recreational facilities project. The change order reflects various owner-requested remsions, architectural/engineer desxgn revisions, and unforeseen conchtions as summarized on Exhibit "A" of the change order. Final payment in the amount of $34,294.21 is also requested. The renovations consxsted of reconstructing a ballfield, new sports hghting, new fencing and landscaping improvements. The project is complete and all warranty documentation has been recmved. Funding m the amount of $27,083.21 will be from 334-4172-572-63.03 (General Construction Fund - Pompey Park Ballfields) and $7,211.00 will be from 112-2172-521-49.50 (Police Department Crime Prevention). Recommend approval of closeout Change Order #1 and the request for final payment to JMW Construction Corporation for completion of the Renovations to Pompey Park Recreational Facihtses project. RefiAgmemol 6 Closeout.JMW Construction.Pompey Park Rec. Facthtses Agenda Item No. ~',/1/' Request to be placed on: AGENDA REQUEST Date: February 10, 2000 X Regular Agenda Special Agenda Workshop Agenda When: February 15, 2000 Description of item (who, what, where, how much): Staff request the City Commission approve Change Order #1 (Final) ~n the amount of $22,673.01, and final payment in the amount of $34,294.21, to the construction contract with JMW Construction Corporation for the completion of the Renovations to Pompey Park Recreational Facilities project This Change Order reflects various Owner requested revisions, Architectural/Engineer Design revisions, and Unforeseen Condibons as summarized on E×h~b~t A of the attached change order. Funding ~s available from the Pompey Park Ballfield account No 334-4172-572- 63.03 ($15,462 01) and Pohce Dept./Crime Prevention account No 112-2172-521-49 50 ($7,211 00) ORDINANCE/RESOLUTION REQUIRED, Not required. Recommendation: Staff recommends the City Commission approve Change Order #1(Final) in the ~:~n°sUt:tu cC;,'oSn2(~'o6r~3. 'f0olr ~l~ed cfi~)r~plFe~?t~tL;~tn,~$ P.~ ~ ta~kt~eecC r°ena~tiroUnCat;°FnacCil°~t~ter;Cptr~hct JMW Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (~ on all items involving expenditure of funds): Funding available YE{,,~O Funding alternatives(if appl~--~.' Account No. & Description 334-4172-572-63.03 Pompey Park Ballfields 112-2172-521-49.50 Police Dept. Crime Prevention Account Balance City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~. ~98020~agreq021500 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Victor Majtenyi ,~~- Assistant Construction Manager February 10, 2000 AGENDA REQUEST for 02/15/2000 Renovations to Pompey Park Recreational Facilities, Phase 1 Change Order #1/Final Payment Project No. 98-020 Attached is an Agenda Request for City Commission to approve a net add Change Order #1 m the amount of $22,673.01, and a final payment in the amount of $34,294.21 to JMW Construction Corporation for the completion of renovations to the Pompey Park Recreational Fac~hty. The project consisted of reconstructing a ball field, new sports hghbng, new fencing, and landscaping improvements. A list of items with a brief description of each is presented below. Also attached is Change Order # 1 with Exhibit "A" to correspond with the items below Architectural/Engineer Design Revisions 6). 7) 8). 9) 14). The plans did not specify a finish for the plywood underside of 6 newly constructed dugouts. This cost is for applying two coats of paint to the underside and fascia of these dugouts FPL required the C~ty to relocate two existing service meters from their pole to a service rack within the property. This cost ~s for constructing a new rack, relocating meters, and pulling conduits to the hand hole. The slabs of the new dugouts were constructed 4" above existing grade (as per plans) creating a void between 4" to 6" at the bottom of the gates (big enough for a ball to slip through). Th~s cost reflects additional rail and fencing fabric welded to the bottom of these gates to prevent this situation. Existing vs. proposed grades for new Field #3 were not cleady defined on plans To bring the new field to proper grade reqmred additional fill and re-grading. Th~s cost reflects additional equipment/operator time The irrigation at Field #2 infield needed to be redesigned and modified to properly irrigate the clay and sod with diffenng amounts of water. This involved installing an additional dedicated zone for the clay area, relocabon of sprinkler heads, and re-sodding Renovations to Pompey Park Recreational Facdity Change Order # 1/Final, Agenda Request Memo I of 3 $1,977.00 $2,735.00 $424.00 $1,765.00 $1,174 00 Owner Requested Revisions 1). Parks Dept requested hose bibs at each of the s~x dugouts, installed ~n valve boxes to grade. $3,334.21 2). Miscellaneous fencing modifications: requested fenced roofing over irrigation control and pump enclosures, increase height of fence enclosure and prowde fenced roofing over A/C unit at Press Box building, and additional 10' h~gh fencing at Field #1 between dugouts and backstop. $3,182.00 3). Bleacher pads for two new bleachers were increased to minimize maintenance of green area between bleachers and backstop fencing. $479 75 4) At Field #2, the transition area from the clay baselines to the sod outfield had crowned. This cost reflects labor, equipment and material to re-grade clay and install Bermuda sod $3,000.00 10). At Field #2, the area around the pitcher's mound and ~nfield had worn down, constituting an uneven playing surface. This cost reflects labor, equipment and material (clay) to re-grade and re-sod (Bermuda). $3,711.00 11) The common area north of Field ~r2 had a bermed area which obstructed drainage runoff. This cost reflects labor, equipment and material to re-grade and re-sod. $2,651.00 12) Increase the s~ze of two 6' w~de fence gates to 12' wide gates. $375.00 13) The base lines at F~eld #2 were relocated, consequently, placing the outfield fence 8' from its original location. This cost is for removal of existing St. Augustine sod, re-grading, and ~nstallation Bermuda sod to this area $2,290.00 Contract Addition CA1). The Police Department requested additional security fencing at the City's Impound Lot. The work was requested immediately and as an emergency to deter further theft and vandalism of impounded vehicles. $7,211 00 Unforeseen Condition R) During rough plumbing, a main line to the press box building was cut. This line was not properly flushed before the repair, causing debris to clog the flush valves in the restrooms. This represents reimbursement for the amount paid to a maintenance contractor for repair Total of all Changes Less contract Contingency Allowance Net Add Change Order ($1,635.95) $32,298.01 $1~00~00 $22,673.01 The project is complete and all warranty documentation received. Staff recommends the City Commission approve Change Order #1/Final in the amount of $22,673.01 and final payment in the amount of $34,294.21 to JMW Construction Corporation for the completion of the Renovations to the Pompey Park Recreational Facility project. Renovations to Pompey Park Recreational Facility Change Order # 1/Final, Agenda Request Memo 2 of 3 Funding is available from account 334-4172-572-63.03 ($15,087.01), Recreational Impact Fee Fund/Pompey Park Ballfield, and from account 112-2172-521-49.50 ($7,21100), Law Enforcement trust Fund/Crime Prevention Programs. CC, Joe Weldon; Director of Parks & Recreation R~chard Hasko, Director of ESD Howard Wight, Deputy D~rector of Construction, ESD File 98-02D (A) s\...~98020~agmem021500 Renovations to Pompey Park Recreational Facility Change Order # 1/Final, Agenda Request Memo 3 of 3 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. PROJECT TITLE: TO CONTRACTOR: One (1)/Final PROJECT NO. 98-020 DATE: Renovations to Pompey Park Recreational Facility JMW Construction Corporation February 15, 2000 YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of various revisions to the plans and specifications to the Renovations to Pompey Park Recreational Facihty project, as ~temized on Exhibit A attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 3.9 % TOTAL PER CENT INCREASE TO DATE 3.9 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, $387,360.4O $0.00 $387,360.4O $22,673.01 $410,033 41 0 CALENDAR DAYS. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, ~n my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding CONTRACTOR (sign & seal) SIGNATURE (ARCHITECT) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-4172-572-63 03 ($15,462 01 Recreational Impact Fund/Pompey Ballfields) 112-2172-521-49.50 ( $7,211 00 Pohce Dept /Cnme Prevention) DEPARTMENT RECOMMEND: ENGINEER/DIRECTOR APPROVED: CITY ATTORNEY s'\...\98020\CO1 (final) FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission By' ATTEST: By: MAYOR CITY CLERK EXHIBIT "A" Pompey Park Improvements Pd 98-020 Change Orders Summary Descdpbon Installation of hose bibbs in valve box at each dugout (Six dugouts) Fencing modifications' additional fencing at Fid #3 dugouts, fence roofing at irrigation control and pump enclosures, and increase height of fencing at Press Box NC units to 8' h~gh. Increase size of two bleacher conc. pads by approx. 200 sf Regrading Fid #2 clay/sod area at base hnes. Fencing at Fid #2' relocate outfield fencing at Fid #2 out another 8' to 200' perimeter. Painting of underside of Dug-Outs Relocate existing electric service meters from power pole to new service rack on property, as required by FPL. Extensions to dugout fence gates (4 ea) Additional grading work at Fid #3 and at retention area east of Fid #3. Rework F~eld #2 ~nfield clay and sod area. Unforeseen Conditions NE Design Revisions $ 1,977.0( $ 2,735 $ 424.0C $ 1,76500 Owner Requested Revisions $ 3,334 21 $ 3,182 00 $ 479 75 $ 3,000.00 N/C $ 3,711 00 Days Rqstd Regrade and resod common area north of Field #2. Fence Gates: upgrade one pair of doulble gates at Fid #2 & #3 from 6' wide to 12' wide double gates. Regrade and sod outfield, 8ft strip along fence. Modify irrigation at Fid #2 to provide d~fferring amounts of water to the clay and sod infield. Addition Fenmng enclosure at the City Impound Lot for the Police Dept. Credit. Reimbursement for work by EC Stokes on repairs to Press Box restroom fixtures due to contamination of water line after line break; water line was not flushed properly. $ (1,635 95) $ 1,174 $ 2,651 0( $ 375 oc $ 2,290 OC $ 7,211 0C Pending Change Orders Total of Changes Total of Pending Calendar Days Allowance per Contract Net Change Order #11Final $ (1,635.95) $ 8,07500 $ 26,233 96 $ 32,673.01 $ 10,000 00 Is 22,673.01 J MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ff2~' - REGULAR MEETING OF FEBRUARY 15, 2000 RESOLUTION NO. 15-00 FEBRUARY 10, 2000 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 45 N.W. 14~ Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resoluuon No. 15-00. RefiAgmemol 5 Res l 5-00.Boardup Unsafe.45 NW 14 Ave. RESOLUTION NO. 15-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or' his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 15-00 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the , 2000. day of ATTEST: MAYOR City Clerk Res. No. 15-00 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAILING ADDRESS: PROPERTY ADDRESS: LEGAL DESCRIPTION: JAMES AND ALMA BROWN 900 NW 4th STREET, DELRAY BEACH, FL 33444 45 NW 14TM AVENUE, DELRAY BEACH, FL 33444 LOTS 27 AND 28, BLOCK 1, ODMAN'S ACCORDING TO PLAT BOOK 4, PAGE 53 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $2,364.22 by resolution of the City Commission of the City of Delray Beach, Florida, dated has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on December 22, 1999 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. X__ You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. Res. No. 15-00 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on December 10, 1999 at a cost of $2,364.22 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk Res. No. 15-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~"J' - REGULAR MEETING OF FEBRUARY 15, 2000 RESOLUTION NO. 16-00 FEBRUARY 10, 2000 This is a resolution assessing costs for abatement action required to remove nuisances on sixteen (16) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach hens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 16-00. Ref'Agmemol 5 Resl 6-00.NmsanceAbatement RESOLUTION NO. 16-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~ PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property~ and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated et the hearing wherein a decision was rendered adverse to the property owner(s)~ and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice~ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 16-00 of the certified copy of this resolution a lien shall become effective on the subject property which sh&ll secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of · 2000. MAYOR ATTEST: City Clerk Res. No. 16-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE CHATE~INE NO 1, LOT 1, BLOCK 5, PB 29, P 95, FREDERICK J. MUNDER, III PUBLIC RECORDS OF PALM B~CH COUNt, FL 3625 AVENUE MONTRESOR (3625 AVE MONTRESOR) DELRAY BEACH, FL 33445t $ 79.00 $ 70.00 ADM. FEE ESQUIRE SUB, E 200 FT OF LOT 16, PB 23, P 43 GLENN R. HAGGER~ & PUBLIC RECORDS OF PALM B~CH COUNt, FL PATRICIA B. HAGGER~ ' (1036 SW 9TH AVENUE) 2675 OCEAN DRIVE I VERO B~CH, FL 32963-2054 $ 602.50 $ 70.00 ADM.FEE AT~NTIC GARDENS DEL~Y, LOT 16, BLOCK 6, PALM BEACH COUNt, FL BEVERLY M. NAIRN (116 SW 11TH AVENUE) 3063 DOLPHIN DRIVE DELRAY BEACH, FL 33445 $51.00 $ 70.00 ADM.FEE TOWN OF DEL~Y, LOT 23, BLOCK 23, PB 10, P 69, GRACE BARNE~ PUBLIC RECORDS OF PALM BEACH COUNt, FL 401 39TH STREET (509 SW 3RD STREET) WEST PALM BEACH, FL 33407 $70.00 $ 70.00 ADM. FEE AT~NTIC PARK GARDENS, DELRAY, RPI MANAGEMENT CORP. LOT 20, BLOCK 1, PUBLIC RECORDS OF 209 NE 95TH STREET, STE #2 PALM BEACH COUNt, FL MIAMI, FL 33139 (NW 13th AVE LOT SE CORNER) $ 70.00 $ 70.00 ADM. FEE DEL IDA PARK, LOTS 8 & 9, BLOCK 6 J.C. AHERN & (DEL-IDA PARK HISTORIC DISTRICT) MARY AHERN PB 9, P 52, PUBLIC RECORDS OF PO BOX 2325 PALM BEACH COUNt, FL DELRAY B~CH, FL 33447 (101 NE 4TH STREET) $ 47.00 $ 70.00 ADM.FEE Res. No. 16-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SUNSET PARK DELRAY, LOT 54, PB 12, P 65, PUBLIC RECORDS OF PALM BEACH COUNTY, FL MANGO DR. VACANT LOT SO OF 1012) SUNSET PARK DELRAY, LOT 55, PB 12, P 65, PUBLIC RECORDS OF PALM BEACH COUNTY, FL MANGO DR. 2ND VACANT LOT SO.) TOWN OF DELRAY, LOT 17, BLOCK 23, PB 10, P 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 217 SW 6TH AVENUE) CHATELAINE NO 1, LOT 19, BLOCK 1, PB 29, P 95, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 734 EAST CHATELAINE BLVD.) TOWN OF DELRAY, S 50 FT OF N 227 FT OF W 135 FT OF BLOCK 2, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 231 NW 8TH AVENUE) SEC 4-46-43 E 195 FT OF W 350 FT OF N 1/2 OF S 1/2 OF NE 1/4 OF SW 1/4 OF SW 1/4/LESS N 30 FT PUBLIC RECORDS OF PALM BEACH COUNTY, FL 214 NE 22ND LANE) TOMASA CRUZ 409 NW 7TH COURT BOYNTON BEACH, FL 33426 TOMASA CRUZ 409 NW 7TH COURT BOYNTON BEACH, FL 33426 BERTHA PRESTON 1001 WEST 3RD STREET RIVERA BEACH, FL 33404-7815 ALBERT D. WILLIAMS & CYNTHIA V. WILLIAMS 520 SW 4TH AVENUE DELRAY BEACH, FL 33445 JOSEPH PRICE 231 NW 8TH AVENUE )ELRAY BEACH, FL 33444 HELEN C. COLLINS 214 NE 22ND LANE $57.00 70.00 $ 66 00 ADM. FEE $ 70.00 ADM. FEE $ 57.00 $ 70.00 ADM. FEE $75.00 $70.00 'ADM. FEE $70.00 ADM. FEE $70.00 RECORDING $62 00 ADM FEE $70.00 !RECORDING DELRAY BEACH, FL 33444 5 Res. No. 16-00 COST OF ABATING NUISANCES UNDER CHAPTER t00 OF THE CODE OF ORDINANCE FIRST ADDITION TO KENMONT, LOT 17, PB 20, P 65, THOMAS FOUDY PUBLIC RECORDS OF PALM BEACH COUNTY, FL '1200 SOUTH FEDERAL HWY. (917 MCKEE LANE) POMPANO BEACH, FL 33062 $24.OO $70.00 ADM. FEE TOVVN OF DELRAY, LOT 19, BLOCK 69, MICHAEL STRAUSS & (OLD SCHOOL SQUARE HISTORIC DISTRICT) I RADA STRAUSS PB 2, P 43, PUBLIC RECORDS OF PALM BEACH P.O. BOX 2464 COUNTY, FL DELRAY BEACH, FL 33447 (30 SE 1ST AVENUE) $72.00 $70.00 ADM. FEE SOUTHRIDGE, LOTS 14 TO 16, INC., BLOCK 1, IMANUEL MOREDA & PB 13, P 38, PUBLIC RECORDS OF PALM BEACH ESTERVINA MOREDA COUNTY, FL 13524 CHATELAINE BLVD. (REIGLE AVENUE VAC LOTS 3,4, & 5) DELRAY BEACH, FL 33445 $ 75.00 $ 70.00 ADM. FEE SOUTHRIDGE, LOTS 17 TO 20 INC., BLOCK 1, MANUEL MOREDA & PB 13, P 38, PUBLIC RECORDS OF PALM ESTERVINA MOREDA BEACH COUNTY, FL 3524 CHATELAINE BLVD. (REIGLE AVE. VACANT LOTS 6, 7, & 8) DELRAY BEACH, FL 33445 $ 101.00 $ 70.00 ADM. FEE VIOLATION IS: SEC. 100 01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE 6 Res. No. 16-00 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~//b~ AGENDA ITEM ~'/~- REGULAR MEETING OF FEBRUARY 15, 2000 REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 11, 2000 Attached is the Report of Appealable Land Use Items for the pertod January 31,t through February 11, 2000. It informs the Commassion of the various land use actions taken by the designated boards which may be appealed by the C~ty Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref:Apagmemo/Appealables/02.15.00 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN,~CI('~'Y MANAG~ER DIANE DOMINGUEZ, PLANNING AND ZONIN~ DII:~ECTOR JAS,;MIN ALLEN, PLANNER MEETING OF FEBRUARY 15, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JANUARY 31, 2000 THRU FEBRUARY 11, 2000 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 31, 2000 through February 11, 2000. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a 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. Ao Approved (4 to 0, Smith, Shutt and Branning absent), a request to allow the installation of an ornamental decorative fence for La Boheme Bistro, located at the southeast corner of Palm Avenue and East Atlantic Avenue (1118 East Atlantic Avenue). Approved (4 to 0), a waiver request to reduce the required sidewalk width from 5' to 4' for internal pedestrian walkways located within The Estuary subdivision which is located approximately 850' east of US 1, north of Denery Lane, south of Allen Avenue and immediately adjacent to the Intracoastal Waterway. City Commission Documentation Appealable Items Meeting of February 15, 2000 Page 2 C. Approved with conditions (4 to 0), the landscape plan for Swinton Place, a proposed 19-unit townhouse development, which is located on the east side of South Swinton Avenue at the intersection of SE 7th Street. The site plan and building elevations were previously approved by the Board. D. Approved with conditions (4 to 0), a Class II site plan modification associated with the addition of two tennis courts for Lavers Tennis Center, located on the east side of SW 10th Avenue, north of Egret Circle. E. Approved with conditions (4 to 0), a Class V site plan, landscape plan and architectural elevation plan for Third Avenue Offices, a proposed 5,135 square foot office building, located on the east side of SE 3rd Avenue, approximately 900 feet south of East Atlantic Avenue. The following non-appealable item was considered by the Board. Denied on a 7 to 0 vote, a request to amend the Bankers Row Design Guidelines to allow the use of aluminum windows. The Board wanted to retain the criteria set forth in the Bankers Row design guidelines for aluminum windows with standard glass or impact glass on the side and rear elevations and wood windows for all front facades. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - FEBRUARY 15, 2000 GULF $~J~ 8LVD L-,IO CANAL L.3~ CANAL KW ?.ND ST S W 2ND ST SW C-15 CANAL LINTOH S.P.R,A,B.: A. LA BOHEME BISTRO B. THE ESTURARY C. SWINTON PLACE D. LAVERS TENNIS CENTER E. THIRD A VENUE OFFICES ......... CITY UMITS ......... ONE MILE I GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGERff/~! AGENDA ITEM ~]--' - REGULAR MEETING OF FEBRUARY 15, 2000 AWARD OF BIDS AND CONTRACTS FEBRUARY 11, 2000 This is 1. before the City Commission to approve the award of the following bids and contracts: Lease award to Xerox for the three year lease of a Xerox 5352 Copier for the Engineering and Construction divisions at a total lease cost over the three year period of $10,629.00, with pricing per Florida State contract and funding from 001-2911-519-44.30 (Engineering - Equipment Rental/Lease). Contract award m the total amount of $249,998.00 to Green Team Enterprises, Inc. (d/b/a GTE, Inc.) for construction of the Commumty Center Addition and Roof Repair project (base bid for building addiuon ~ $151,778.00 plus alternate bid for roof repairs ~ $98,220.00), with funding from 334-4125-572-62.10 (Community Center Addition) for $151,778 and 334-6112-519-62.10 (R&R Bmldmgs) for $98,220. Bid award m the total amount of $55,510.00 to Line-Tech, Inc. for relocation of 57 water services from rear yard to front yard, ,~vith funding from 442-5178-536-65.17 0V&S Renewal & Replacement -Water Service Relocation). Recommend approval of the bid and contract awards listed above. RefiB~d.Agmemo 02 15.00 AGENDA ITEM NUMBER: g/- / Request to be placed on: XX Consent Agenda When: February 15, 2000 Description of agenda item: AGENDA REQUEST __ Special Agenda Date: February 7, 2000 __ Workshop Agenda Requesting Award to Xerox for the three-year lease of a Xerox 5352 copier per Florida State Contract 600-380-00-1 for a total cost at the end of three years of $10,629.00 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached YES NO NO Recommendation: The Purchasing Division and the Engineering and Construction Division recommend the three year lease from Xerox for a Xerox 5352 Copier. The lease cost per month is $295.25 which totals $10,629 00 over the three year lease period. Funding will be taken from account number 001-2911-519-4430. Department Head Signature: Determination of Consistency wi~/CComprehensive City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involvin_~ expenditure of funds): Funding available. Yes ~ No Funding alternatives. Account Number: Account Descripbon: Account Balance: City Manager Review: Approved for agenda: Y~ Hold Until: Agenda Coordinator Review: Received: No (if applicable) Action Approved D~sapproved P.O. NUMBER: PURCHASING DIVISION MEMORANDUM TO' FROM: THROUGH: DATE: SUBJECT: David T. Harden, C~ty Manager Jennifer Schillace,. Buyer(~ Joseph ~ce D~rector February 7, 2000 DOCUMENTATION CITY COMMISSION MEETING, FEBRUARY 15, 2000 THREE YEAR LEASE FOR XEROX 5352 COPIER FOR THE ENGINEERING AND CONSTRUCTION DIVISIONS VIA THE FLORIDA STATE CONTRACT ITEM BEFORE COMMISSION: The City Commission is requested to approve award to Xerox for the three year lease of a Xerox 5352 Copier for the Engineering and Construction Division at a total amount of $10,629.00 via the Florida State Contract, ~600-380-00-1. BACKGROUND: The Engineering & Construction Division is requesting approval of a three year lease from Xerox for a Xerox 5352 Copier per Florida State Contract 600-380-00-1. The monthly lease payment is $295 25 which totals $10,629.00 over the course of three years Please refer to the attached quote from Xerox RECOMMENDATIONS: The Purchasing staff recommends awarding to Xerox for a Xerox 5352 Copier at a total lease cost over the three year period of 10,629.00. Pricing is per Florida State Contract 600-380-00-1. Funding w~ll be taken from account number 001-2911-519-4430. Attachments. Memo 02/03/2000 Quote cc: Randal Krejcarek, P.E. 02/0~/00 FRI 13:26 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. ~ PURCHSING/CM 0O2 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden City Manager RandaI Krejcarek, P.E.~~ City Engineer February 3, 2000 Lease of Copier for Engineering and Construction Divisions The Engineering and Construction Divisions are requesting authorization for a three-year lease of a Xerox 5352 copier, which was recommended to us by Jennifer Schillace in Purchasing. This copier is on State of Florida Contract #600-380400-1. The lease price is $295.25 per month, which totals $10,629.00 over the three-year Iease period. A copy of the bid is attached for your reference. The Engineering Division will be funding the cost for this fiscal year. The Engineering and Construction Divisions will fund the remainder of the lease. I would appreciate it if you would place this authorization on the City Commission agenda for February 15, 2000. Please call me if you have any questions. Attachment cc: Jennifer Schillace, Buyer s:engadmirdletters/rlk/memos/copierxerox STATE OF FLORIDA WALK-UP CONVENIENCE COPIER BID ANTICIPATED CONTRACT EFFECTIVE DATE: November 15, 1999 - November 14, 2001 CLASS XEROX MODEL TWO YEAR THREE YEAR COPIES LEASE LEASE INCLUDED IN MONTHLY Monthly Minimum Monthly Minimum MINIMUM 2 Xerox 5818TA w/10 bin $99.11 $94.71 10,000 sorter 3 Xerox 5830 w/10 bin $184.47 $175.68 15,000 sorter 4 Xerox 5830 w/20 bin $211.97 $200.24 30,000 sorter and finisher (s apler) 5 Xerox 5830 wi20 bin $211.97 $200.24 30,000 sorter and finisher (stapler) 6 Xerox 5352A w/20 bin $310.01 $295.25 '~ 55,000 sorter 7 Xerox 5352A wi20 bin $328.06 $312.43 55,000 sorter and finisher (stapler) 8 Xerox 5665 MPS $527.39 $466.37 85,000 9 Xerox 5365RFIN $580.94 $519.46 85,000 11 Xerox 5892 $1,417.65 $1,350.14 250,000 NOTE: Prices also include all supplies for the copiers except paper and staples. Overage charges above the monthly minimum available upon request. c..jn CITY OF DELRllY PURCHASING DIVISION TO: FROM: SUBJECT: DATE: David Harden, City Manager Jennifer Schillace, Buyer Additional Information with regard to purchase of Xerox 5352 Copier February 9, 2000 With regard to our conversation this date, you requested that I determine why the Engineering/Construction Divisions are requesting to purchase a Xerox 5352 copier as opposed to a Xerox 5830 copier. Howard Wight, Deputy Director of Construction, informed me that the copy per minute speed is the main reason why he choose the Xerox 5352 copier (52 copies per minute) as opposed to the Xerox 5830 copier (30 copies per minute). Howard informed me that he anticipates the workload of his Division to increase dramatically and he wanted a machine that would be able to keep up with their needs. The Engineering Division currently has a Monroe RL946-DX, which copies 46 copies per minute. This machine is not working properly, produces a poor quality copy and continuously breaks down. It is very difficult to have service performed on the machine because Monroe is no longer in business and repair technicians who service these machines are very difficult to find. Please advise me if I may be of additional assistance to you. Thank you. Agenda Item No. Request to be placed on: AGENDA REQUEST Date: February 10, 2000 X Regular Agenda Special Agenda Workshop Agenda VVhen: February 15, 2000 Description of item (who, what, where, how much): Staff requests C~ty Commission approval of a contract award to Green Team Enterprises, Inc d/biB GTE, Inc The work includes the construcbon of additional admimstrative offices and storage room at the Parks and Recreation Community Center (Base B~d) for $151,778.00, and an alternate bid for structural repairs (fiat roof and gymnasium beams), and reroofing (fiat roof) for $98,220.00. Total amount of the proposed award is $249,998.00 Funding is available from 334-4125-572-62.10 (Community Center Addition) for $151,778.00; and 334- 6112-519-62.10 (R&P, Buildings) for 98,220.00. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve a construction contract with Green Team Enterprises, Inc. m the amount of $249,998.00 for the construction of Community Center Addition and P,oof Repairs. Department head signature: ~ ,..~~ ~-/0 -o'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable).'. Budget Director Review (re~lu~d on all items involving expenditure of funds): Funding available:~O Funding alternatives (if applicable): Account No. & Des,cription 3.5.,./-/.//~¢'- .5'7.3 ~, 2../o .- E~,~ ,,~ ~-/~.- - 8/,~'~'J'.z Account Balance (~m ~-~- ~/~/~/--~/o~-~ ~'0,~//~j'd ~ ~,/~/ ~ City Manager Rewew: ~ ~ ' / ' ~ Approved for agenda: ~JNO ¢;~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s.\.. ~98030~agreq21500 City Of Delray Beach. Department of Environmental Services MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Howard Wight s,~n Dep. Director of Con December 8, 1999 AGENDA REQUEST for 2/15/00 Community Center Addition / Roof Repairs Project No. 98-030 Attached is an Agenda Request for City Commission approval of contract award to Green Team Enterprises, Inc. dlbla GTE, Inc The work includes the construction of additional admimstrative offices and storage room at the Parks and Recreation Community Center (Base Bid) for $151,778.00; and an alternate bid for structural repairs (fiat roof and gymnasium beams); and reroofing (fiat roof) for $98,220.00. Total amount of the proposed award is $249,998.00. On January 27, 2000, the City opened bids for this project with the lowest responsive bid at $249,998.00 from GTE, Inc Engineers estimate for the project was $175,000.00 for the addition and $150,000.00 for the roof. A copy of the bid tabulation is attached for your rewew. A rewew of the contractor's references proved favorable. Parks and Recreation staff will use the building addition. The repairs required on the existing building are predicated on a structural condition assessment report prepared by O'donnell, Naccarato & M~gnogna, Inc (ONM), structural engineering consultant A new built up roof wdl be installed after the necessary repairs are completed. Staff recommends City Commission approve the contract award to Green Team Enterprises, Inc., in the amount of $249,998.00, for the construcbon of the Community Center Expansion project. Funding is available from 334-4125-572-62.10 {Community Center Addition) for $151,778.00; and 334-6t 12-519-62.10 (R&R Buildings) for 98,220.00. CC: Joe Weldon: Director of Parks & Recreation File 98-30 (A) sL.\9830~agmem2/15 AZA COMMUNITY CENTER NEW LOADING II PAD ~.O~E EXIST. TICKET BUILDING ADDITION 161.88' EXlST. CONC.WALK I 37'-6" TOURNAMENT ENTRY EXISTING PARKING L EXIST. CONC.WALK O"D 0 mo / / / I / I IIIII IIIII IIIII ii". ,':-.. THE gDG~ D~ngRe~ u-u~ 28, S:O~:~3 68' 1S' ~ 'm : ...... :;;-:-;-:-;-;-;-. -. - . - ..... '. " . ..... i'i'i'i'i'i':'i!: ....... '" ::iii:':i:':'~i:i!:::ii:'; .... i~iii:" ::::::::::::::::::::: ........ i'i:.i:-': i':i:i'i:fi:-':ii- .;.:.. ...... .. '..'..::;::::-. ; :.:. :. .... . .... . ..... .. ::::"'"'" ...... '" ............ ' '"' ......... ii.:::iii.i.iii'::.:::.:.::::. :..-,. · .:::.:.:.:..:::. 43' 15' Legend on Next: Page AGENDA REQUEST No. Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda Agenda Item oO ~'~ Date: February_ 8, 2000 When: February_ 15, 2000 Description of item (who, what, where, how much): Staff requests Commission Approval of a Bid award to Line-Tech, Inc. for relocation of 57 water services from rear yard to front yard in the amount of $55,510.00. Total Contract amount will b~55,510.00 with funding from R&R Account #442-5178-536- 65.17, Water Service Relocation. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Bid award to Line-Tech, Inc. Department head signature:/~~, J~~ ~-0 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (r~ on all items involving expenditure of funds): Funding available ~(,~O Funding alternative~-- Account No. & Description Account Balance 0'5 c~/-/ache .(if applicable) City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file:S:\EngAdm~n\Projects\2000\2000-037\OFFIClAL\Linetech.ag.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, p.E.-~-'~ Deputy Director of Uti~"..---~ February 8, 2000 WATER SERVICE PLUMBING CONNECTION ! RELOCATIONS PROJECT NUMBER 2000-037 Attached is an Agenda Request and supporting documentation for construction of the subject project. The firm of Line-Tech, Inc. was the only bidder with a total proposal of $55,510.00. Based on their proposal and satisfactory references, we are recommending award of the project to Line-Tech, Inc. in the total amount of $55,510.00. Funding will be from Account #.442-5178- 536-65.17, Water Service Relocation. Appropriate budget transfers are attached. Please place the item on the February 15, 2000 Agenda for consideration by City Commission. CDBlcdb Att: CC: Richard C. Hasko, Director of Environmental Services City Clerk Agenda File file: S:\EngAdmin\Projects~000~000-037\OFFIClAL\LineTech. mem.doc S ~Eng.4dmtnlProjects1200012000-O3710FFICL4L~Ltnetech mem doc N.W. 7 TH AVE. I ~ 0 _< 309 315 319 323 327 329 333: 343 347 o o ~i> o o o o > Z Z i ~ Z Z Z Z 0 0 > 0 0 Z Z zI ~ z ~ z z ~ ~ FRONT ~ ~ ~ ~ ~ ~ ~ 3~2 3~6 350 326 328 330 338 3~ 3~8 3~2 31~ 316~ _ 311 321 325 329 33 337 3~5 355 ~ m~ m m ~ ~ ~ ~ FRONT ~ Z Z Z ~ ~ ~ ~ ~ m ~ m o o 0 0 0 0 ~ 0 ~ i Z Z Z Z Z Z ~ Z ~ ~ i N W. 4TH AVE. , i I N.W. 3~D AV~. ' 309 315 319 323 327 329 333 343 347 ';13 :;0 :;:0 I'rl ::;0 ;;:0 ~ ;30 rtl ::;0 0 0 0 3> 0 0 0 0 Z Z Z ::;0 Z Z Z Z :::;0 -1 --I --.1 --'1 --I '-1 -1 0 0 0 ~ 0 0 Z Z z z z ~ z z -1 -1 FRONT 314 318 326 328? 330 338 344 348 352 311 313 321 325 329 33 337 345 355 :~ m -q "~ ;o ;o m ::o FRONT rtl :;0 :~0 :;0 rtl rtl ~0 rtl ~ 0 0 0 :~. ~ 0 >. -1 -1 -1 -t -ri ~'1 ~l -11 ;:~ -rS ~ 'ri ;;~ :~ 0 0 0 0 > 0 >' 0 Z Z ', I001 ~ ~ I ! ', 7ol ' I~1 =- Ic)l ,,'' ANDREWS AVENUE 4. Bidder will complete the work for the following prices. SCHEDULE OF BID PRICES ITEM EST. DESCRIPTION UNIT NO. QTY. UNIT PRICE (in words) UNIT PRICE EXTENDED TOTAL PRICE 1 Site Mobilization L.S. 1 Cents , ,,$~ Oo0.o ~ 2 Reconnect Rear Each Yard Water Service Dollars Cents 3 Reconnect Front Each Yard Water Service Dollars Cents 4 Indemnification L.S. 1 Ten $ 10.00 $ 10.00 Dollars No Cents TOTAL EVALUATED BASE BID BID ITEMS 1 through 4 (in numbers) TOTAL EVALUATED BASE BID BID ITEMS 1 through 4 (in words) I~r~r Cents Page P-3.1 TO: THRU: FROM: SUBJECT: PAT CAYCE, HISTORIC PRESERVATION PLANNER--'~4:~~-~~' MEETING OF FEBRUARY 15, 2000 ADDENDUM TO MEMORANDUM OF DECEMBER 14, 1999, REGARDING THE APPEAL OF AN HPB DECISION BY SILBERSTEIN ARCHITECTS INTERNATIONAL FOR PROPERTY LOCATED ON BANKER'S ROW (219 NE 1TM AVE.). This appeal relates to the Historic Preservation Board's review of the plans to renovate the above referenced structure, which is located on Bankers Row. The Board approved the plans subject to a condition that would require that the applicant install a wood door and windows at the front elevation, as opposed to aluminum as requested. The Board's denial was based upon the design guidelines for Bankers Row, which require wood windows and doors on the front elevations. These guidelines were developed prior to the post-Hurricane Andrew building code revisions for the protection of window and door openings. The appeal was postponed from the City Commission meeting of December 14, 1999 to the meeting of January 18, 2000, to allow the HPB time to review the Bankers Row design guidelines and amend them as necessary. The review was still ongoing at the time of the City Commission meeting of January 18,2000 and the appeal was again postponed to the meeting of February 15, 2000. Mr. Silberstein has installed the aluminum windows with the understanding that if the Board does not modify the guidelines accordingly, and his appeal is unsuccessful, he will replace them with wood windows. At the HPB meeting of December 15, 1999 the Board directed that a letter be sent to Bankers Row property owners requesting comments on the use of aluminum windows and suggesting an amendment to the Bankers Row design guidelines. As there was no response to the letter, the item was postponed to the HPB meeting of January 19, 2000. An amendment was drafted that would allow the use of aluminum windows subject to certain conditions, and a letter was sent to all affected property owners informing them of the January 19th HPB meeting. At that meeting the Bankers Row representatives asked that the item be removed from the agenda in light of the fact that a meeting of Bankers Row property owners was scheduled for the following Saturday (January 22nd). City Commission Documentation Appeal of HPB Dec~sion--Jeffrey Silberstein Page 2 Staff was asked not to attend that meeting, however, minutes of the meeting were provided a few days later. The minutes indicated that the association supported amendments to the Design Guidelines that would permit the use of aluminum windows on a case by case basis, and when installed according to certain specifications. Based upon those minutes, the amendment was modified and placed on the HPB agenda for the meeting of February 2, 2000. Four Bankers Row property owners attended the February 2nd HPB meeting. The testimony given by the members at the meeting differed from the information contained in the minutes. The persons in attendance stated that the majority of the property owners feel that the existing guidelines regarding windows and doors reflect what is appropriate for the historic homes, and did not wish to make any changes. After discussion, the HPB voted not to adopt the proposed amendment to the guidelines. Pursuant to the existing guidelines, aluminum windows, with standard glass or impact glass, will be permitted on the side and rear elevation. Wood windows will be required for all front facades. Additionally, a courtesy notice will be sent to all Bankers Row property owners whenever a fa(;ade design change, including windows, is received by the Planning & Zoning Department. Based on the results of the February 2, 2000 HPB meeting, the amendment to the guidelines to allow the use of aluminum windows and doors on front elevations of Bankers Row structures has failed. Therefore, the HPB has not approved the use of aluminum windows at the front elevation, and Mr. Silberstein has elected to go forward with his appeal. By motion, deny the appeal to allow the installation of aluminum windows and door at 219 NE 1st Avenue, based upon the existing Bankers Row Design Guidelines, and the findings and recommendation of the Historic Preservation Board. Attachments: · City Commission Documentabon from 12-14-99 · Letter from Lee Harrison Hpb/cc doc silberstein 2 THRU: DIANE DOMINGUEZ, PLANNING AND~NI-I~G DIRECTOR ?1, ~,(' SUBJECT: MEETING OF DECEMBER 14, 1999. APPEAL OF THE HISTORIC PRESERVATION BOARD'S CONDITION/OF APPROVAL TO ADD WOOD WINDOWS AND A DOOR TO THE FRONT ELEVATION OF AN HISTORIC BANKERS ROW COTTAGE, 219 NE 1=' AVENUE. SlLBERSTEIN ARCHITECTS INTERNATIONAL The action requested of the City Commission is that ofconsideration of an appeal of the Historic Preservation Board's condition of approval with respect to the material for exterior windows and a door on the front elevation of an historic residence which is being converted to an architect's office. The Board approved the site plan and landscape plan on November 17, 1999; the elevations and design elements were considered at the same meeting. The Board found the design elements and elevations to be appropriate with the exception of the use of aluminum for windows and doom on the front elevation. Impact glass aluminum windows and doom were approved for the east, north and south elevations. The applicant, who is an architect and the owner of the property, objected to the use of wood as opposed to aluminum and felt he could support his ideas if given the opportunity to revise the plans. Staff suggested, and the Board concurred, that the matedal of the front windows and doom be tabled or continued. This would allow the owner to obtain building permits and commence work on all but the front windows and door, as the site plan and landscape plan had been approved and the east, north and south elevations posed no problems. The applicant did not want the item continued and the Board voted to add the conditions to the approval of the elevations. The property is located on the east side of NE 1st Avenue in the development area between NE 2"~ and 3~ Streets known as Bankers Row. in 1992 the City, with grant assistance from the Flodda Department of State, Division of Historical Resources, developed an improvement plan with pre-approved site plans and explicit design guidelines. Bankers Row improvements include a public parking lot, brick paver sidewalks, decorative street lighting and special landscaping. The subject cottage has considerable historical significance as it is one of a row of 11 almost identical cottages constructed by the Mackle Company in 1937, which were the first houses in the City to be insured by the F.H.A. The Bankers Row Plan, Section IV Implementation, Chapter D, Architectural Improvements states: Any changes to the exterior of a structure require review and approval of the Historic Preservation Board. This is accommodated through the Certificate of Appropriateness City Commission Documentation, Meeting of December 14, 1999 Appeal of HPB Action - Silberstein ^rch[tects International Page 2 (COA) process. The desitin ~luidelines contained in Chapter III of this Plan shall supersede all other historic ~luidelines which may exist. Compliance with the style specific guidelines included herein, shall warrant issuance of a COA. The Bankers Row guidelines for architectural improvements discuss repairing existing wood windows, however, if repair is not feasible, wood windows with real dividing muntin bars should be used in replica windows, not surface mounted grids that fake their appearance. In consideration of the South Flodda Building Code with respect to hurricane protection for windows and doors, the HPB relaxed this policy when it approved the use of aluminum windows with applied muntins to be installed on the side and rear elevations. However, the Board felt that to approve aluminum windows on the front elevation of what will become an attractive, and very visible addition to Bankers Row, was not to follow the intent of the above referenced guidelines. Of the examples of aluminum windows listed in the applicant's letter of appeal, only 2 are in Bankers Row, and both were installed before the Bankers Row Plan was developed. Additionally, in the applicant's letter he states that he purchased $7,000 worth of windows before the COA review, which is certainly a self imposed hardship. He also states that staff "agreed to allow" him to submit his plans to the building department before the COA review, however, staff specifically told him that if he did so, it would be at his own peril. The applicant proceeded to do major interior construction and some minor demolition to the rear of the exterior without the benefit of building permits. A stop work order was placed on the job site by the Chief Building Official. As stated above the Board approved the site plan, landscape plan and elevations for the east, north and south elevations and suggested that the west (front) elevation be continued to allow the applicant to redesign the windows and door. The applicant declined the continuation and the Board voted to add the condition of approval as follows: Design Elements The Board approved the Design Elements for 219 NE 1`t Avenue, associated with COA-399 based on positive findings to LDR Section 4.5.1 (E), the Design Guidelines and the Bankers Row Master Development Plan, with the following conditions: That on the front (west) elevation the full length windows and front door be made of wood; That the '2 sash windows on the front elevation be made of wood with true divided lights; and 3. That all shutters be mounted in a manner to appear as if they are operable. The Board members felt that the installation of appropriate wooden windows and a door to the front elevation would partially conform to the design guidelines set forth in the Bankers Row Plan. They felt that by allowing the impact resistant aluminum windows and doors on the balance of the elevations, a reasonable compromise with guidelines and the South Flodda Building Code had been accomplished City Commission Docurnentatiot, Meeting of December 14, 1999 Appeal of HPB Action - Silberstem Archmtects International Page 3 Uphold the Historic Preservation Board's decision and require that the conditions of approval be adhered to. Filelstpzlhpblcc-doc-Silberstein 218 N.E. 1 st Avenue Delray Beach Florida 33444 Delray Beach City Commission c/o The City Clerk 100 NW First Avenue Delray Beach Florida 33444 Feb. 5, 2000 RE: Appeal from J. Silberstein, 219 N.E. 1st Avenue Heating Date February 15, 2000 Dear Commission members: I have never registered a concern with the Commission before because I've always held a "live and let live" view of life. Sadly, I must write to you today over a matter that I feel very strongly about. For more than five years I have been happily ensconced on Banker's Row, having purchased a beautiful t~vo-storey Mediterranean Revival home on the west side of/he avenue. The house is my little treasure .... as is the street we live on. Banker's Row, with all its character and charm, is a fascinating part of the history of Delray Beach. And thanks to the foresight of/ts past and present residents, the historic integrity ofth/s ".iewel in the crown" has been preserved for all to enjoy. Not to mention, of course, the additional bonus to those living here of seeing rapidly rising property values! However, there are storm clouds on ~he horizon. The person who has purchased the house opposite my property, a gentleman by the name of Silberstein, has demonstrated very little regard for the magnificant history of Banker's Row. From what I see of his renovations, he is clearly thumbing his nose at the Banker's Row Code and Historic Guidelines, which have been the cornerstone of our preservation efforts over the years. The new facade he has built bears very little resemblance to the previous (original) Mackle Home design that predominates on the east side of the avenue. Now, it appears, Mr. Silberstein is seeking to circumvent the authority of the Historic Preservation Board by appealing directly to you for variances that will allow him to not only have an historically incongruous black roof on his property (all the Mackle homes were built with light-colored roofs) but also to install non-historic shutters and doors on the exterior. If this man were to win his appeal to you, it would set a disastrous precedent for the furore of Banker's Row and other historically sensitive areas in Delray. The Commission would, in effect, be condoning the circumvention of the Historic Preservation Board's authority in helping this beautiful city to hold on to its heritage. I would like to appeal to the Commission to help us maintain the historic integrity of Banker's Roxv by denying Silberstein's application. To allow it to go through would be to turn your back on Delray's roots ....roots that have ~rovided the fotmdation for the city's unprecedented success today. LEE HARRISON Cynthia Bush Leeds Everitt 248 NE First Avenue Delray Beach, Florida 33444 Phone: 561-274-8884, 608-837-0332 February 7, 2000 Delray Beach City Commission C/O The City Clerk 100 NW First Avenue Delray Beach, Florida 33444 RE: Appeal from J. Silberstein 219 NE First Avenue Delray Beach, Florida 33444 RECEIVED CITY CLERK Dear Commission Members, From 1991-1993, a time in Delray Beach in which the Old School Square area was in serious ruin, the homeowners of Banker's Row came together as neighbors and heroically decided to save their historic block. The homeowners of Bankers' Row pulled together to create a homeowners association. And then with an unprecedented majority voted to tax themselves so that the city would put in street improvements which mirrored the Atlantic Avenue street improvements. (i.e. brick sidewalks and old style street lights) The homeowners of Bankers' Row had a dream that the new street improvements, would attract new kind of resident on the block. A resident who would help restore Banker Row. Because preservation and restoration was important to the homeowners of Bankers' Row and because the homeowners had agreed to assess themselves, the city agreed to create special building codes for this block. Codes which would protect the unique historic nature of the Bankers' Row facade. Working with the City Redevelopment Agency and the Historic Preservation Board, these codes were set into place to prevent the homogenization of this block facade into the rest of the city's development. Here on Bankers' Row was an opportunity to restore and maintain a more authentic "Old Delray". Since the creation of these Bankers' Row building codes, the homeowners of this block have been restoring their properties in accordance with these codes. The homeowners have complied with the Historic Preservation Boards recommendations...that is until Jeffrey Silberstein commenced his "remodeling". RE: Appeal from J. Silberstein 219 NE First Avenue Delray Beach, Florida 33444 Page #2 Jeffrey Silberstein has ignored the Historic Preservation Boards request that he install wood windows with true dividing lights on his facade. Silberstein has proceeded to create a commercial store front effect using inappropriate materials, non period doors, windows, shutters and roofing. The consequence of which is a facade which is totally out of proportion with the other Mackle cottages on the block. The small porch attached to the building does not soften the effect. It is often said though, that a picture is worth a thousand words...with this in mind I am respectfully submitting to the commission members an illustrated streetscape of Bankers' Row detailing the code approved facades (i.e. using the approved materials, widows, doors shutters and roofing) juxtaposed by the Silberstein "remodeling". I am hoping that it is within the City Commissions capacity to rule in favor of the preservation of this block as written in the current codes. And to ask Silberstein (an architect) to work within the set guidelines. I feel it would be disastrous to the future of this block if the Silberstein approach of "build what you want and force the approval through an appeal" sets a precedent for any future builder, developer or architect. Lastly, I would like to mention that Bankers' Row is truly a neighborhood. It is not an impersonal business community, rather we are a community made up of mostly entrepreneurs who welcome our mix/use zoning. Though we expect the character of the neighborhood be protected; we have always encouraged the development of our properties to optimum use. As a whole, the Bankers' Row homeowners have always practiced the good neighbor policy of tolerance. Silberstein however, has shown little regard for the block on which he is developing. He has jeopardized the overall historic integrity of Bankers' Row. Further, when he met with the homeowner to discuss his project, his demeanor was unyielding. Personally, I saw no other way to save our block then to then to appeal to you, the Commission. Respectfully submitted, Cynthia Bush Leeds Everitt TO: FROM: SUBJECT: DIANE DOMINGUEZ, PLANNING AND ZONING'DIRECTOR // / MEETING OF JANUARY 18, 2000 APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION ON THE SILBERSTEIN OFFICE BUILDING AT 2'19 NE '1sT AVENUE---REQUEST FOR FURTHER CONTINUANCE This appeal relates to the Histodc Preservation's Board's review of the plans to renovate the above referenced structure, which is located on Banker's Row. The Board denied the applicant's request to replace the original wood windows at the front of the structure with aluminum windows. The Board's denial was based upon the design guidelines for Banker's Row, which require wood windows on the front elevations. These guidelines were developed prior to the post-Hurricane Andrew building code revisions for the protection of window and door openings. The code changes have created some difficult choices for the treatment of windows in historic structures, and aluminum windows with impact resistant glass are probably among the better solutions. This appeal was postponed from the City Commission meeting of December 14, 1999 to allow the HPB time to review the Banker's Row design guidelines and amend them as necessary. That review is still ongoing, and input has been solicited from the affected property owners. Those owners have been invited to participate in a discussion of this issue at the Board's meeting of January 19, 2000. Mr. Silberstein has installed the aluminum windows with the understanding that if the Board does not modify the guidelines accordingly, and his appeal is unsuccessful, he will replace them with wood windows. In light of the fact that the resolution of this issue is ongoing at this time, it would be appropriate to continue the appeal for at least another month. By motion, continue the appeal to the meeting of February 15, 2000. I~1/11/0 ®2 34PM [~1/1 Silberstein Architects International 1001/2 NE 51h Avenue, Ddray Beach, Ronda 33483 Tel 561.276.9393 Fax 561.276.0585 bcense AR0013424 DATE: TO: FROM: RE: VIA: January 11, 2000 Diane Domin~maez Jeffrey Silberstein COA - 399 SILBERSTEIN OFFICE BUll .DING Fax I have been trying to contact you regarding the postponement of our appeal. I believe you said it was postponed till January 1 g and that you had hoped the guidelines would have been changed by then. Please advise how I am to proceed. Thank you Sincerely, Jeffrey Silberstein, A.I.A. 218 N.E. I st Avenue Delray Beach Florida 33444 Delray Beach City Commission c/o The City Clerk 100 NW First Avenue Delray Beach Florida 33444 Feb. 5,2000 RE: Appeal from J. Silberstein, 219 N~E. 1st Avenue Hearing Date February 15, 2000 Dear Commission members: I have never registered a concern with the Commission before because I've always held a "live and let live" view of life. Sadly, I must write to you today over a matter that I feel very strongly about. For more than five years I have been happily ensconced on Banker's Row, having purchased a beautiful two-storey Mediterranean Revival home on the west s~de of the avenue. The house is my little treasure .... as is the street we live on. Banker's Row, with all its character and charm, is a fascinating part of the history of Delray Beach. And thanks to the foresight of its past and present residents, the historic integrity of this ".jewel in the crown" has been preserved for all to enjoy. Not to mention, of course, the additional bonus to those living here of seeing rapidly rising property values! However, there are storm clouds on the horizon. The person who has purchased the house opposite my property, a gentleman by the name of Silberstein, has demonstrated very little regard for the magnificant history of Banker's Row. From what I see of his renovations, he is clearly thumbing his nose at the Banker's Row Code and Histor/c Guidehnes, which have been the cornerstone of our preservation efforts over the years. The new facade he has built bears very little resemblance to the previous (original) Mackle Home design that predominates on the east side of the avenue. a/e/oo Now, it appears, Mr. Silberstein is seeking to circumvent the authority of the Historic Preservation Board by appealing directly to you for variances that will allow him to not only have an historically incongruous black roof on his property (all the Mackle homes were built with hght-colored roofs) but also to install non-historic shutters and doors on the exterior. If this man were to win his appeal to you, it would set a disastrous precedent for the future of Banker's Row and other historically sensitive areas in Delray. The Commission would, in effect, be condoning the circumvention of the Historic Preservation Board's authority in helping this beautiful city to hold on to its heritage. [ would like to appeal to the Commission to help us maintain the historic integrity of Banker's Row by denying Silberstein's application. To allow it to go through would be to turn your back on Delray's roots .... roots that have provided the foundation for the city's unprecedented success today. Your lly, LEE HARRISON Any changes to the extedor ~v[ a ~ require review and approval of b~e Historic Preservation Board This ~s accommodafed b~ough b~e COA SX~t~,~. ~ design guidelines contained in Chap~r III of t~ls plan simll su~ all o~her Mstori= guidelines, which may exist. Comp~ance with ~ style speci~ guidelines i~ herein, shaft warrant issuance ora COA. Chapter III of the Guidelines states the following with respect to window replacement: All new and replacement wfndows and doors, extedor wall finish~ and roofing metefials shall be consistent with the hJstodc features. II ! -- .. ] . I1__ JL~_. ~ .... 3 ..... FI I II ill --- I -- -' ~v, ndow~, ~i suda~e mounted grids that f~e ~eir eppearance. Therefore, in order for the HPB to approve aluminum windows with impact glass panes, as is done outside of Bankers Row, the third paragraph of the secOo~ titled .Windows on page 47 of the Bankers Row Development Plan sttould be added as follows: (pulleys, chains or cot~ and weiglds) can be repaired or ~ to maf~e ~ operation. Casement vdndow operator~ usually require ~n~ ~_~ or paint, cleaning and lubHcatio~ ~ b~ returned ~o w6n~[ng- Ord.-.' Re~pl~Ee~T/en~t casement opemto~ may obtam~ by ma8 o~ or ~m ~w ~ s~i~. ~o~d ~ ~ n~ess~, new ~ace~nt ~ ~s ~ ~ m~ ~ ~ (P~ Bea~ ~un~) m#1wo~ shops ~ match exi~ wi~o~ ~, ~ ~ ~n~ws ~at ~ ~e exi~ng openi~s ~n ~ ~p~im~e ~r ~~. Wood w~ in stenda~ hi~ ~es ~n ~Smes ~ ~ ~m i~ ~u~ saNa~ ~d dem~on ~mp~s, ~- _ .... _ 'III _~ I1~ ' ~,~ Only real dividing muntin bars should be used k~ repSca windows, not sudace mounted grids ~hat fake b~ea' appearance. Ms. Cecelia Boone 239 N/E First Avenue Delray Beach, Florida 33444 February 14, 2000 The City Commission C/O The City Clerks Office 100 N/W First Avenue Delray Beach, Florida 33444 RE: Appeal of Mr. Silberstein 219 N/E First Avenue Delray Beach, Florida 33444 Hearing Date: February 15, 2000 Dear Commission Members, As a resident of Bankers' Row, I am very concerned over a matter I feel will effect my home, my investment in my home and that of my neighbors. Neither I nor my neighbors are taking this lightly, Our newest neighbor, Mr. Silberstein at 219 N/E First Avenue, an architect, no less, failed to comply with the decisions of the Historic Preservation Board (H.P.B.) with reference to window and door guidelines required for this historic block. Instead he proceeded with his work in violation of current code... I guess he figured it was easier to get forgiveness then approval. It turns out that his thinking might have had some merit in that rather than see to his compliance, the staff person from (HPB) Pat Casey came to us, the Homeowners Association of Bankers' Row, with a request that we change our code to allow for what Mr. Silberstien has already done. In a nutshell, we were being asked to back in to amend the codes to accommodate a particular new owner. Because of this, we asked that we be allowed time to call a meeting of the homeowners, this request was granted. Currently we are required by (HPB) to maintain to a fault the front facades of our homes and/or businesses to include wood windows and doors; original restoration where possible and milled wood windows and doors to simulate the authentic where repairs are impossible. At exceptional expense to us all, we have all complied. We complied because we knew what we were getting into when we bought a home on Bankers' Row. We are ordinary people...certainly, an architect should be more familiar with the historic styles of architecture and the particular codes in Delray Beach and be able to make an educated decision as to whether he was willing to comply to Bankers' Row codes...or locate in a different block, or part of town. Page ~2 In the Past, the (HPB) has afforded the cottages on Bankers' Row the opportunity (variances) to utilize wind resistant aluminum (rather then impact glass aluminum) on the sides and rear of our homes with proper shuttering. At the homeowners association meeting, of which minutes were taken and provided to the (HPB), it was voted after much discussion that aluminum impact windows would be allowed on the facades thus accommodating Mr. Silberstein's fear of "snatch and grab" crimes. At the Bankers' Row meeting we asked Mr. Silberstein if he had used impact resistant windows on the sides and rear of his building, to which he responded "YES". A vote was taken and summarized in our Bankers' Row minutes that aluminum would now be allowed on the front facade provided they were impact resistant and that authentic period shutters and wood trim would be utilized to somewhat preserve the historic integrity of the block. In summery, Bankers' Row decided to allow for aluminum impact windows in addition to keeping our current code in place. (Silberstein's non-conforming doors resembling a store front were another issue). Bankers' Row sent our minutes to the (HPB) staffer, Pat Casey, she sent back an amendment that now removed our rights to install wind resistant aluminum windows and ONLY allowed aluminum impact windows~Silberstein's costs were reduced and our costs were increased along with our existing right to use wind resistant aluminum removed, such a deal! We immediately contacted Ms. Casey to clear up the misunderstanding and were told to attend the meeting of the (HPB) dated February Second. At the February Second meeting the amendment was still incorrect. The Bankers' Row homeowners who attended the meeting tried to voice what was actually voted at the homeowners meeting by exhibiting the minutes, a copy of which was attached to the HPB February Second agenda (Here we were defending this new comer and we find ourselves loosing our own rights provided in the original code in order to accommodate Silbersteins' need for an amendment!) Further, this man Silberstein had approached the staffer, Pat Casey to request an additional accommodation to his project. He requested to change the approved gray color of the historic Mackle roofs that all of us were required to install, and change to charcoal! This eleventh hour issue was not on the February Second agenda and was presented as an add-on issue. We would not have even known about the variance request if we had left the meeting after our agenda discussion. Silberstein of course did not show up for the (HPB) meeting. As the Bankers' Row homeowners who were present tried to Page #3 clear-up the amendment pursuant to our minutes, either the chairlady or Tony Keller of the (HPB) Board said, "why are you going through all this work to amend your code?" To which we replied that, ..." we liked the codes as they were, but Pat Casey asked our input to a revision to accommodate Silberstein who was in noncompliance of the board. Here is our compromise, ( the Bankers Row minutes attached to the HPB agenda) and now we see that in addition to this compromise, Silberstein wants to change the whole roof color!" At this point the Board said that they were sorry that we had been put through this exercise and voted to retain the existing code. In addition, they voted to table Mr. Silberstein's request to change his roof to a nonconforming color until after the commission appeal meeting. The HPB Board also said we should attend the city commission meeting and voice our opinions. That is what I am doing, so here it is very clearly: I feel I am being bullied into a situation that will effect the beauty of this historical block. I don't care how strong or rich or influential an individual is or who he knows, we expect the codes to apply equally to all parties concerned. The HPB Board is in place to protect all of us. I want them respected especially by this commission. This block was a disaster and it was the strict adherence to the codes that made this block a delightful charming vision of the past. Have you forgotten we were your first joint venture? I brought this up at the January Design committee meeting at Bob Curry's office and those experts concurred that one of the best interests of Bankers' Row would include preserving the historic integrity of the individual residences and businesses. Mr. Silberstein will have effectively block-busted this lovely historic street if allowed free run. We conceded to his aluminum windows with proper shuttering, the doors we did not know what to do with...But now, a black roof! The other businesses including the lawyers office and counseling center complied beautifully in their restoration, and Silberstein is an architect! He should be the first to comply and not plead ignorance. Please support the Historic preservation Boards in their decision to uphold the current code. The homeowner of Bankers' Row are counting on you. Sincerely, Cynthia Bush Leeds A.K.A. Cynthia Bush Everitt 248 N.E. First Avenue Delray Beach, Florida 33444 Phone: 561-274-8884 or 608-837-0332 February 2, 2000 Ms. Patricia Cayce Historic Preservation Planner City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 RE: Bankers Row Window Codes Comments from Bankers Row Homeowners on the new revised amendment. Dear Pat, I have received a number of phone calls from the homeowners on Banker Row commenting on the proposed revised amendment, o~_~and__ I thought it best to forward them to you before the meeting. 1. Although not written in the Banker Row window code, I have been advised by some of the homeowners on the Mackle side of the street that they have been allowed to use wind resistant aluminum windows on the sides and back of their cottages as long as the front facade (or visible sides of the house) have wooden windows with shutters. Those home owners wish that they be allowed to continue to use this method of window replacement. A. They feel that the amended code may restrict their ability to use wind resistant aluminum and that they will be forced to use either Impact Glass Aluminum or Wood on the rear of their homes. They wish that this point be reviewed and an adjustment to revised amendment be considered. B. They have commented that their understanding of the amendment was that use of Impact Glass Aluminum was for window replacement in cottages that were to be used commercially. Their understanding of the amendment was that the Impact Aluminum was being used to prevent "Snatch and Grab". There is a suggestion that the amendment allow for Impact Glass Aluminum on the Mackle homes "only when the end use of the cottage is commercial and in that case then the entire building should be converted to Impact Resistant Aluminum" for uniformity. 2. Another concern about the proposed revised amendment is that it does not clearly specify the wish of the homeowners to have window codes which differ according to the two architectural styles on this block. It is felt that the revised amendment is too broad. The homeowner had voted to have a voice in the RE: Bankers Row Window Codes Comments from Bankers Row Homeowners on the new revised amendment. Page #2 specifications of the windows. Perhaps the revised amendment merely should reference the detailed window code specifications which will be finalized shortly. ~%~ ~Although'~ a few window replacement projects will be on hold until the finalized Banker Row window Codes are in place. This is what the homeowners of this block wish. There is a universal wish of the homeowners to preserve the unique historic charm of this block. A few points which'the homeowner's wish to detail in these window specification are: A. The best window replacement for the Samual Ogren architecture is Historically Correct Wood Windows with standard glazing. No other window construction should be considered unless there is a total "change out" of windows. If there is a total window "change-out" an acceptable alternate window material is aluminum clad/wood with impact glass. Aluminum windows should never be allowed. B. The best window replacement for the Mackle architecture is Historically Correct Wood Windows with standard glazing. Wood window facades with Wind Resistant Aluminum at the rear and non-visible sides of the building can be allowed. No other window construction should be considered unless there is a total "change -out" of windows. If there is a total window "change- out" and acceptable alternate window material is aluminum with impact glass or aluminum clad/wood with impact glass. C. Each request for window replacement will be reviewed on a case by case basis, all new or replacement window shall have historically correct framing, casements and brick moldings wood framing for the Mackle Cottages; sill and lintel shall be retained on the Mediterranean Revival style houses on the west side of the street. D. Ail windows must be approved by the HPB so that they will not radically compromise the historic integrity of a structure. E. The homeowners wish to detail shutters, mullions and ~~other architectural details as well. Pat, I will be happy to review this with you over the phone. I believe a few of the home owners will attend the meeting tomorrow and voice many of the points I have detailed above. Most sincerely, =LO'IDA ,~:~REEN ENT; 305 687 3008; Dec-1-99 I:08PU; Page 1/1 FLORIDA SCREEN ENTERPRISES 15201 NW 34TH AVENUE, OPA LOCKA, FLORIDA 33054-24~,9 PHONE (305) 687-0424, FAX (305) 687-3008 Slibetstein Architects intem~onal 100, I/2 Northeast 5th Avenue D~lray Beach, Fla. 33483 Dca' M~', Sitba~ei~, Please be advised that the hurricane shutters can be approximatcly 4 te 6 inches wider on all sides than tho actual window frame openinF,. Sincere. ly, ~, MANUFACTURERS OF QUALITY SCREEN AND COMPONENTS ~ov-30-99 03:56A Robert Hunt Corp. 407 655 7315 THE PELLA WINDOW STORE ROBERT HUNT CORPORATION 319 BELVEDERE ROAD, SUITE #l WEST PALM BEACIt, I;L 33405 PHONE (561)655-4335 FACSIMILE (561)655-7315 F^¢:SI M I i.E TRANSMI'FTAL SIIEI';T YOIIR RPFFRI,.N¢0E NI1MBI,R PI ,:! ,I ,A WI NI )( )~.% ~ 1)( )( )RS ~ I IR(;ENT ~ FOR RI:VIIi~ ~] PIoEAS[~, ¢'OMMF. N'r r'l PI.EASF. RFPI.Y NI ~ I F..~/¢ ( ~MM F,N I [] PI.I;AS|: RECYCI.I~ ~.'2/06/99 EON 12:14 FAX 1 216 386 3906 MARYIN ARCH WARROAD ~001 Architectm-al ]Div/sion P.O. Box 100 Highway 11 Wan~ad, ~ 56"/63 Telephone: 218-386-14~0 T¢lecopy: 218-386-3906 Telecopier Transmittal Date: 12/06/99 Telecopied To: Jeff Silb~'stin Silbemtin Architects Telephone No.: 561 276 0585 Number of Pages: (Including Transmittal Page) Todd Dalen, CDT AEC Technician Message: Marvin Windows & Doors does not presently offer a wood double husJg or wood door which will meet Dade Couaty Impact codes, Thanks, Todd PLEASE 'I'gr.gPRONE 13~IMEDIATELY lit ANY PAO~ ~ RIICEIVED IMPROPERLy DATE: ANDERSEN CORPORATION Monday, December 06, 1999 TO: Jeffrey Silberstein Silberstein Architects 100 ~ B NE 5* Avenue Del Ray Beach, FL 33483 CC: Dan Braehler, Andersen Sales Representative RE: Wood on exterior of Andersen products Dear Jeffrey, I understand that you received a request for wood window products with the exterior of the product comprised of only wood for a historic renovation you are working on. Andersen Corporation does not currently offer a window or door product (other than the basement window) with primed wood on the entire exterior of the product. Since ,the exterior is exposed to the extremes of the weather, we have designed systems to protect the unit fi.om these elements. Our double- hung products feature treated wood sash coated with a factory-applied e ,xterior liquid finish system of polyurethane Or polyurea. Our casement products feature a treated wood substrate with a vinyl sheath or vacuum formed vinyl cover. Our door products employ both systems. These systems are all designed to provide long-term durability of the product and low maintenance to our customers. Our double-hung window product has been tested in accordance with Miami-Dade air/water/structural requirements, but we do not currently offer a double-hung product that meets Miami-Dade impact resistance protocols. The Outswing Door has been tested and approved in accordance Miami-Dare air/water/structural requirements and is currently in the process of being reviewed by Miami-Dade for impact resistance. Thank you for your interest in our products. Sincerely, J. Guy Reitlune~yer 8enio~ l~oduot Development gngineer Technology & Business Development Andersen Corporation 100 Fou~h Av~nu~ North Bayport, MN :55003-1096 T~-'phone: (651) 430-7243 FAJ~ (651) ~o Fomta~ Av~mz Noaa, a BAle'PORT, 651439-5150 © Z ~L on--~ 0 February 15, 2000 TO: City of Delray Beach, Florida RE: Historic Preservation Board Considerations: First and foremost I want to briefly touch upon the vote that was taken at the Bankers Row Homeowners Association meeting on Saturday, January 22, 2000 at 10am. We took a vote for a recommended amendment that stated; [] Natural wood windows would be the preferred materials for the frontal faCade of the homes. [] However, aluminum windows with impact glass would be allowed. [] Aluminum windows with impact glass and aluminum wind resistant windows would be accepted on the sides and rear of the building. Everyone in attendance voted yes and the proxy votes were yes as well. I fn'mly believe it is important for everyone to understand that the historic homes will be better preserved using up to date building materials (i.e. aluminum windows) rather than the antiquated materials of the past. This amendment will promote the restoration of the historical homes and will help the homeowners obtain their goal: Which is to stay forever: BANKER'S ROW. Sincerely, Jared Thomas Hunt 211 NE 1 ~t Avenue February 15, 2000 There has been a tremendous amount of misunderstanding and skewing of the actual action taken by Bankers Row Homeowners Association meeting on Saturday, January 22, 200 at 10:00 a.m. After presenting the suggested amendment to our association as written by the staff and Historical Preservation Board, it was given over for discussion. Everybody attending the meeting spoke their opinion. Some were very concern with historical changes regarding the architecture. Some felt that new materials needed to be included in our guidelines. While others felt why should someone else get relief when others have been held to the fire. All of these were and are legitimate concerns. Our meeting went on for more than two hours with the main topic being Jeff Silberstein's project (windows only being a small portion). We took a vote for a recommended amendment. The amendment stated that wood would be the preferred material for the faCade of the homes. However, aluminum windows with impact glass would be allowed and aluminum wind resistant windows (regular aluminum) would be allowed on the sides and rear of the building. This was a unanimous vote. There was concern that the architectural style of the homes on the west side of the street would need further review and this would be brought up at the Historic Preservation Board meeting on February 2~a. There has been so much confusion and twisting of fact that I personally contacted a number of property owners to again hear what we voted on. I was not at the HPB meeting on February 2"~, but have been told because of the confusion, and the fact that the south Florida building codes are currently under review, that it would be best to leave the guidelines as is and work on a case by ease basis, and revisit this issue at a later date. I feel some people on Bankers Row spoke as if representing the entire block. I can appreciate their concern with Bankers Row, as much of their concern is also mine. However, if representing others they must separate their personal feelings (agendas) from those of the actual vote taken. Below is a list of those present at the January 22"a meeting and also those contacted their vote let~ to proxy. There are seventeen properties and sixteen owners on our block. Sincerely, Gene D. Fisher Bankers Row President Attended: ~"r~,, has k Proxy Vote: SUBJECT: AMENDMENT TO BANKERS ROW DESIGN GUIDELINES The action requested of the Board is that of approving a revised amendment to the Bankers Row Design Guidelines to allow the installation of aluminum windows with impact resistant glass panes. The Bankers Row Design Guidelines require that new or replacement windows be made of wood. However, the Standard Building Code was revised after Hurric~'~e Andrew to require that all new or replacement windows have hurricane rated shutter be constructed of impact resistant glass. Wood windows with impact glass panes 'e prohibitively expensive and are not manufactured with true divided lights. As a result, the HPB has been approving requests to allow new and replacement windows with aluminum frames and impact glass for historic buildings outside of Bankers Row. The Board recently denied an application to allow aluminum windows on the front facade of the Silberstein office on Bankers Row (219 NE 1st Avenue), due to the requirements of the design guidelines. Mr. Silberstein appealed that decision to the City Commission, but requested a postponement of that appeal pending an assessment by HPB of this requirement. A proposed amendment to the guidelines that would allow aluminum windows under certain circumstances was presented to the Board at the meeting of January 19, 2000. At that meeting the Board was informed that the Bankers Row property owners association would be meeting on Saturday, January 22, 2000 at the Gene Fisher residence, 247 NE 1st Avenue. The purpose of the meeting was to discuss the Bankers Row design guidelines, particularly with regard to the windows. Therefore, the Board was asked not to take formal action on the amendment to the Banker Row design guidelines until the results of the association's meeting were known. The Board voted to continue the item to the February 2nd meeting. Twelve people attended the meeting of the Bankers Row property owners association. The owners discussed a number of issues related to the preservation of the architectural character of the structures in this block, and indicated strong support for the use of original materials whenever possible. The association voted to support the use of aluminum windows on a case by case basis, when installed in accordance with specific standards. Attached is an excerpt from the minutes of that meeting describing the association's position. The original draft of the amended guidelines has been revised to include their suggestions (indicated in bold type). Meeting Date: February 2, 2000 Agenda Item: IV-A HPB Staff Report Amendment to Bankers Row design guidehnes Page :2 Page 77 of the Bankers Row Development Plan states: Any changes to the exterior of a structure require review and approval of the Historic Preservation Board. This is accommodated through the COA process. The design guidelines contained in Chapter III of this plan shall supersede all other historic guidelines, which may exist. Compliance with the style specific guidelines included herein, shaft warrant issuance of a COA. Chapter III of the Guidelines states the following with respect to window replacement: All new and replacement windows and doors, exterior wall finishes and roofing materials shall be consistent with the historic features. No existing non-compatible feature or material shall be added to or altered unless it is replaced by historically appropriate feature or material; and: Only real dividing muntin bars should be used in replica windows, not surface mounted grids that fake their appearance. Therefore, in order for the HPB to approve aluminum windows with impact glass panes, as is done outside of Bankers Row, the third paragraph of the section titled V~?ndows on page 47 of the Bankers Row Development Plan should be added as follows: Windows Repair of damaged wood windows is always preferred to their replacement. Usually, individual pieces or sections of damaged wood can be consolidated using epoxy product made for this purpose. /f damaged pieces of wood are too deteriorated, new wood can be shaped to match and pieced in. The do-it-yourselfer with trim carpenter capabilities and tools can do this kind of work. Operating parts of double hung windows (pulleys, chains or cord, and weights) can be repaired or replaced to restore smooth operation. Casement window operators usually require only dismantling, stripping or paint, cleaning and lubrication to be returned to working order. Replacement casement operators may obtained by mail order or from window parts specialists. Should it be necessary, new replacement wood windows can be made in local (Palm Beach County) mil/work shops to match existing windows precise/y; factory produced windows that fit the existing openings can closely approximate their appearance. Wood windows in standard historic sizes can sometimes be obtained from local architectural salvage and demolition companies. Trim details should be copied from the houses themselves. Only real dividing muntin bars should be used in replica windows, not surface mounted grids that fake their appearance. Derive trim details from existing buildings. Historically correct wood windows are always preferred. However, due to building code revisions after Hurricane Andrew, all new or replacement windows are required to have HPB Staff Report Amendment to Bankers Row design guidelines Page 3 hurricane rated shutters or be constructed of impact resistant glass. Wood windows with impact resistant panes are prohibitively expensive and are not manufactured with true divided lights. Should it be necessary to install impact resistant g/ass, at the owner's request, new or replacement windows may be made of aluminum with impact resistant g/ass panes with applied exterior and intedor dimensional muntins. Aluminum windows may only be installed with impact glass and each request for aluminum windows will be reviewed on a case by case basis. All new or replacement windows, whether aluminum or wood, shall have historically correct framing; wood framing for the Mackle Cottages; sill and lintels shall be retained on the Mediterranean Revival style houses on the west side of the street. Aluminum windows are to be installed according to the specifications set forth by the HPB so that they will not radically compromise the historic integrity of a structure. Approve the amendments to the Bankers Row design guidelines as described above. FJle/s/pz/boards/hpb/Bankers Row amd-2-sr 4.The Vote: The majority voted YES to the following: That Bankers Row current window and door codes would remain as written to allow use of wood windows and doors with true dividing lights and standard glass. That an amendment would be written to allow impact resistant aluminum and aluminum clad wood windows and doors on a case-by-case bases as long as the quality of materials is superior and that proper casings, brick molds, shutters and finishes are historically accurate. The homeowners of Bankers Row wish to stipulate in the writing of the amendment that historic facade of the building must be preserved. Special attention must be given by the HPB insure that the aluminum and aluminum clad/ wood windows and doors reflect the original style of the buildings. The homeowners wish to have a direct voice in writing the spec's and guidelines in window and door amendment. They have appointed Gene Fisher and Jarad Hunt as their representatives, with Cecelia Boone and Cynthia Bush as their alternate representative. 5. Banker Row Homeowners Association Inc.: The homeowners of Banker's Row feel that their association is important to them and have voiced a need to maintain the corporation. Gene Fisher requests a contribution of $25.00 per property held by the members of Banker Row (Total of $450.00) to be collected for the maintenance and expenses incurred by Bankers Row Home Owners Association Inc. Please send a check made out to B.R.H.A. Inc. and mail it to Gene. Thank you. 6. Meeting was adjourned. TO: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGER ~*~,~ ~,~ ~ DIANE DOMINGUEZ, PLANNING AN[YZONING ~IRECTOR .~ MEETING OF FEBRUARY 15, 2000 ADDENDUM TO DOCUMENTATION OF FEBRUARY 1, 2000 REGARDING THE CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY BEACH (FORMER WINN DIXIE BUILDING) The purpose of this addendum to the original memorandum regarding this conditional use application is to address the applicant's most recent proposal, which is described in the attached letter from their attorney, Jeff Kurtz. As noted in the P & Z Board staff report, the proposed addition of 10,000 square feet of retail space results in a parking deficiency of 50 spaces. In order to compensate for on- site parking deficiencies, the CBD zoning district regulations allow for: 1) the use of an off-site parking lot, and/or 2) payment of fees in lieu of providing parking. Until recently the applicants had proposed neither of those alternatives, but have instead asked for a parking reduction as provided for in LDR Section 4.6.9(F)(1). This section allows for the granting of parking reductions when "it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use." The applicants have asked the City to reduce their parking requirement based upon a parking demand study prepared by the firm of Keith and Schnars, P.A.. The study compares Creations to furniture stores such as Rooms to Go, Carl's, City Furniture etc., and to a home furnishing emporium located in Charlotte, North Carolina. Staff does not agree that the study "conclusively demonstrates" that Creations will produce a lesser parking demand than a typical retail operation, and recommended that the conditional use modification be denied. The Planning and Zoning Board agreed, and recommended 6-1 to deny the request. As indicated in the attached letter, the applicants are now proposing to put up a Letter of Credit in the amount of the in-lieu fee that would be assessed for the 50 spaces ($6,000 per space x 50 spaces = $300,000). Their suggestion is that they construct the addition as proposed, and evaluate the parking demands after the use is operational. If it turns out that the parking demand exceeds the supply, the Letter of Credit could be drawn upon for each space that they are determined to be short. Staff does not support such an arrangement. The section of the LDRs [Section 4.6.9(E)(3)] dealing with the payment of in-lieu fees is very specific as to how they are to be paid. Because the use is located in the Pineapple Grove Main Street area, payments can be stretched out over a 3-year time period, with no interest. Payments are to be made as follows: 50% upon signing the in-lieu fee agreement; 25% on the second anniversary date, and the remaining 25% on the third anniversary. City Commission Documentation (Addendum) Creations Conditional Use Modification Page 2 There is no provision in the LDRs for any alternative payment arrangement. To allow the acceptance of a Letter of Credit would require either an amendment to the LDRs, or a waiver by the City Commission of the provisions for payment of the fee. In order to approve such a waiver the City Commission would have to make various findings, one of which is that the waiver "does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner." My opinion is that this finding would be very difficult to make, in that we have never entertained anything remotely similar to this in the past. Further, if such a waiver were approved, it seems to me that we would be obligated under this provision to offer the same opportunity to any future development that holds itself out as being somewhat unique in terms of its parking demands. An alternative that I had suggested to Mr. Kurtz, if indeed it is determined that we would allow the payment of in-lieu fees for this many spaces, would be for Creations to pay the required 50% of the fee at the time of signing of the in-lieu agreement, as required by LDR Section 4.6.9(E)(3). Then, if after the use is operational a study of the actual site conclusively demonstrates that additional parking is not needed, they could petition to have the parking requirement reduced, and perhaps be exempted from having to pay all or a portion of the additional fees (depending upon the study results). The original 50% payment would not, however, be refunded. It seems to me that this alternative could be accomplished within the framework of the existing LDR requirements. It should be noted that this issue has not been reviewed by the Parking Management Advisory Board. That Board normally makes recommendations regarding the acceptance of in lieu fees for particular projects. The Commission may want to seek input from that Board prior to considering the acceptance of in-lieu fees in this case, regardless of the method of payment allowed. Adlll~Ut'd in Fh~rLd,J I~en11~)|',anl,~ ])~ldware. JEFFREY S. KURTZ, P.A. ATTORNEY AT LAW 12230 FOREST HILL BOULEVARD SUITE I I0 G WELLINGTON. FLORIDA 33414 ~$61 ) 227-1529 l:ac~i,nile ~$hl ~ 792-739~ February 4, 2000 VIA FACSIMILE AND REGULAR MAIL DIane Dominquez Planning Director City of Delray Beach 100 N.\V. 1st Avenue Delrav Beach, Florida 33444 RE: Creations of Delray/Conversion of Winn Dixie Site Conditional Use Application Dear Diane: Following our discussion of last week, I 'h~,ve ]'net and reviewed the Cify's concerns with my client. The csty staff and l~lanning and zoning board were reluctant to accept tile parking study ti:at has been presented, because of tile potential harm [o tile area and neighboring businesses ~f the study turns out to be incorrect. Although no ex idence ,,,,,as presented to contradict Keith and Schnars findings and report, the concern about the adequacy of parking remains. During tile course of our discussions, you and I have not been able to come up with any possible further studies or submittals which you would find convincing. It is my understanding that you would supporl the payment of $300,000.00 in-lieu of fees (representing 50 spaces) and support the project moving forward with the additional square footage. As ! suggested to you, my client is not inclined to make such payment, in light of the study that has been submitted which demonstrates there will be excess spaces on the site, as currently proposed and no contradictory evidence. I believe you concur in my thoughts that the best demonstration as to the amount of parking for this use, in this location, would be to build it and monitor the result. It seems to me, that even if my client were to pay the fees up front the City would still have to make a determination as to how most effectively to spend those monies,'and if the parking study submitted with this fipplication, proved to be accurate it would be s'illy tbr the Clxx to. spend the monies to supplement parking in Ihe immediate vicinity of the Creations pro. lec~. EC, NEO Diane Dominquez Letter Re: Creations of Delray February 4, 2000 Page Two Since a study and a plan would have to be formulated before the City could expend the monies, my client wishes to propose the City accept a Letter of Credit conditioned on the outcome of such a study. The Letter of Credit would be in the amount of $300,000.00 and could be drawn on at a rate of $6,000.00 per space, for each space up lo 50 that it was determined a shortage existed on the site. The details of how such determination would be made would be worked out between your staff and Arnold Ramos of Keith and Schnars. If, as we believe we have demonstrated, the on site parking is sufficient, then the Letter of Credit would be released. This proposal gives the City the assurances it needs, in that the monies would be available for expenditure at the same time as they would if the monies were paid up front, but it is also fair to my client in that they would only have to pay for such spaces as are actually needed. This situation does not have a negative precedential impact, as this use is admittedly new to Delray Beach and one which you are unsure as to the parking needs associated with it. The vast majority of uses fall clearly within the guidelines that exist within the codes. From a procedural standpoint, I would suggest that the Commission waive a determination by SPRAB on the amount of parking required on site, prior to Creations being built, and condition the use and the final site plan approval on receipt of the Letter of Credit and SPRAB's ultimate consideration of the amount of parking required. The City would have the additional security of issuing only a temporary certificate of occupancy, pending the final determination on the amount of parking required and distribution of the monies from the Letter of Credit. It is my understanding that both Chris Brown, the CRA director and Lou Waldmann, the Pineapple Grove program manager are in favor of a concept such as this. Please review this proposal and give me direction as to how you would like to proceed. 1 hope this is looked upon favorably so that it can be jointly presented to the City Commission as a solution to the parking concerns and allow this development to move forward. Sincerely, JSK:mk cc: Dan Miteff TO: THRU: FROM: SUBJECT: DAV~ T. HARDEN, CiTY MANAGER CONDITIONAL USE MODIFICATION REQUESI TO ADD t0,000 SQUARE FEET OF FLOOR AREA TO THE APPROVED PROJECT FOR CREATIONS OF PINEAPPLE GROVE WITHIN THE FORMER WINN DIXIE BUILDING LOCATED AT THE NORTHEAST CORNER OF PINEAPPLE GROVE WAY AND NE 1=~ STREET At its meeting of April 6, 1999, the City Commission approved a request to allow the establishment of a "bazaar" to be known as Creations within the former Winn Dixie building. The approval would allow the conversion of the existing 23,000 square foot former Winn Dixie building to a 140-booth bazaar and construction of an 8,000 square foot office addition, subject to conditions. The current development proposal is to modify the approved conditional use by expanding the floor area by 10,000 square feet allocating 31,000 square feet to retail, 6,000 square feet to storage and 4,000 square feet to office, along with a request for a reduction of 50 required parking spaces. A detailed description of the development proposal, additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD ~,C,ONSJ~DERAT!ON , " I The Planning and Zoning Board considered the request at a public hearing on January 24, 2000. Two members from the public spoke on the proposal. The leasing agent for the Ocean City Lumber complex spoke in opposition to the request citing the potential impact that the reduction in parking may have on adjacent businesses. The Pineapple Grove Main Street Program Manager spoke in favor of the request. After a lengthy discussion, the Board voted 6-1 (Pat Stark dissenting) to recommend to the City Commission denial of the Conditional Use Modification request for Creations of Pineapple Grove based upon a failure to make positive findings with respect to LDR Section 4.6.9(F)(1), Parking Reduction Allowed, in that the applicant has failed to demonstrate conclusively that the reduced number of spaces will accommodate the use, and with respect to Section 2.4.5(E)(5), Conditional Use Findings, in that the lack of adequate parking will have a significantly detrimental effect upon the surrounding neighborhood and will hinder development and redevelopment of adjacent properties. By motion, deny the Conditional Use Modification request for Creations of Pineapple Grove based upon the findings as recommended by the Planning and Zoning Board. Attachment: P & Z Staff Report and Documentation of January 24, 2000 PLANNING AND ZONING BOARD ,.;ITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: '~wner/Applicant ........................ Pineapple Grove Properties, Ltd. c/o The Pugliese Co. Agent ......................................... Jeffery S. Kurtz, Esquire Location ..................................... Northeast comer of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. Property Size ............................. 2.01 Acres Future Land Use Map ................ Commercial Core Current Zoning .......................... CBD (Central Business District) January 24, 2000 IV.H. Conditional Use Modification to Add 10,000 sq. fl. of Floor Area to the Approved Project for Creations of Delray Beach, Within the Former Winn Dixie Building, Located at the Northeast Comer of Pineapple Grove Way and N.E. 1st Street. N.£ 2ND ST Adjacent Zoning ............... North: CBD East: CBD South: CBD West: CBD Existing Land Use .................... Vacant Grocery Store Proposed Land Use ................... Conditional Modification to add 10,000 sq. ft. of floor area to the approved project for Creations of Delray Beach. Water Service ............................ Existing on site. Sewer Service ........................... Existing on site. ATLANTIC AVENUE S.E. 15T ST IV.H. ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a request for a Conditional Use Modification to expand the previously approved specialty retail center (bazaar) for Creations of Pineapple Grove, pursuant to LDR Section 2.4.5(E). The subject property is located at the northeast comer of Pineapple Grove Way and NE l~t Street. Modifications to Conditional Use Approvals are processed pursuant to LDR Section 2.4.5(E)(7). The Planning and Zoning Board must approve modifications that involve intensity of use or hours of operation. If however, the Board deems that the modification is significant, then the modification must be heard as a new Conditional Use application, requiring formal notification, public hearing, and final action by the City Commission. Given the extensive nature of the changes associated with this conditional use modification, this request has been processed as if it were a new application. Thus, if the Board finds that the changes are significant, the request can be forwarded to the City Commission without delay. II BACKGROUND The subject property consists of Lots 1-8 and Lots 13-16, Block 83, Town of Linton Plat, and contains 2.01 acres. At its meeting of April 6, 1999, the City Commission approved a request to allow the establishment of a "bazaar" to be known as Creations within the former Winn Dixie building. The approval would allow the conversion of the existing 23,000 square foot former Winn Dixie building to a 140 booth bazaar with centrally located cashier stations and coffee bar and construction of an 8,000 square foot office addition to be located along the south side of the existing building. The office would be located over the existing parking lot, thus creating a second floor. In addition to the above, the development proposal included major fagade renovations, and upgrades to the parking lot and landscaping. The approval was subject to the following conditions: 1. That the site plan be in general conformity to the sketch plan and incorporate recommendations made in this report and the report for the alley abandonment. 2. That the use be restricted to the following: 'The sale of antiques, arts, crafts, furniture, giftware, paintings, sculpture, flowers, plants, and home furnishings, with associated food and beverage sales. Further, all sales are to occur at a central location and not at individual booths (with the exception of food and beverage sales). . Planning and Zoning Board ,~faff Report Conditional Use Modificatio~ .~reations of Pineapple Grove Page 2 There shall be no outside display of goods or merchandise unless associated with a special event approved by the City Commission." 3. That the front entrance and checkout area be redesigned to create a larger pedestrian area around the cashier booths. 4. That the interior aisle widths are increased to 8'; or that the aisles be maintained as proposed at 6' with a restriction that no merchandise may be placed in the aisles. That the fac,.ade be improved in general conformity to the plans that were submitted with the application, with additional architectural features provided along the east elevation. 6. That the number of parking spaces be increased by providing more compact spaces. 7. That employees be required to park in the rear of the building. 8. That cross access be provided between the parking pods located in front of the building to provide internal circulation. 9. That the alleyway/drive aisle be widened from 16' to 20' with the point of access to the street widened to 24' to accommodate two-way traffic flow. At its meeting of April 21, 1999, the Site Plan Review and Appearance Board approved the associated site plan. At its meeting of May 18, 1999, the City Commission approved the abandonment of the north/south alley. The request now before the Board is approval to modify the previous conditional use to allow a 10,000 square foot expansion and a reduction of 42 parking spaces. II PROJECT DESCRIPTION II The current development proposal is to provide a 41,000 square foot building that consists of 31,000 square feet to retail, 6,000 square feet of storage area, and 4,000 square feet of office use. The additional 10,000 square feet is to be provided by eliminating the 23-space parking area situated underneath the 2nd floor addition along the south side of the building. Other_parking lot modifications include the addition of 10 back-out parking spaces along NE 3"~ Avenue. The proposal also includes a request for the reduction in 42 parking spaces (per code the actual deficiency is 50 spaces, which is described in more detail in a later section of this report). The applicant has submitted the following narrative, which describes the operation: Planning and Zoning Board .c,,~ff Report Conditional Use Modificatio. .~reations of Pineapple Grove Page 3 'The proposed modification to the previously approved conditional use is to eliminate the parking area under the second story office space and expand the existing building structure to cover that area. This would increase the total square footage of the project to 41,000 square feet with 8,000 additional square feet being added to the furniture and design emporium. This addition to the building will enhance the aesthetics of the project, es the building will appear more balanced. Also, parking circulation will be less confused without the possibility of driving under the building. Employee parking would be restricted to the rear area of the building leaving all of the parking on Pineapple Grove Way available for patrons. The modification will not alter the proposed use as far as the operations of the floor area of the furniture and design emporium. The conduct of the operation and mix of merchandise sold will remain the same. The desire to increase the size of the retail area is because of concerns as to whether the present size of the furniture and design emporium will have a sufficient critical mass to make the project a success and truly act as a catalyst for the further revitalization of the Pineapple Grove area." II 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 ..fqur areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core), and a zoning designation of CBD (Central Business Core). The CBD zoning is consistent with the Commercial Core designation. The use as described is that of a "bazaar", which the LDRs define as "A market characterized by shops and stalls along a pathway, usually for the sale of miscellaneous articles.' Bazaars are listed as a Conditional Use in the CBD district [LDR Section 4.4.13 (D)(13)], therefore, a positive finding with this section can be made. It is noted that the office component is a permitted in the CBD. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with Issuance of a Certificate of .Planning and Zoning Board .~':~ff Report Conditional Use Modificatio .~reations of Pineapple Grove Page 4 Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The City Commission at its meeting of April 6, 1999 made positive findings with respect to concurrency as it relates to water, sewer, drainage, parks and recreation, and open space. The impact of the modification with respect to Streets and Traffic and Solid Waste is discussed below. Streets and Traffic: The subject property is located within the TCEA (Traffic Concurrency Exception Area), which encompasses the CBD (Central Business District), CBD-RC (Central Business District - Railroad Corridor), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards ordinance. Therefore findings with respect to traffic concurrency do not have to be made. It is noted however, that an updated traffic statement for the proposed 10,000 square foot expansion is required in order to report the trips to the County for inclusion in their traffic models. If the expansion is approved, it must be conditioned upon the submission of the updated traffic data. Solid Waste: The proposal calls for a 37,000 sq.ft, retail center and 6,000 sq. ft. of office. Trash generated each year by the proposed mixed-use facility will be 127.2 tons of solid waste. Sufficient capacity is available at local solid waste facilities, and a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.$(E)($) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. The City Commission at its meeting of April 6, 1999 made positive findings with respect to Consistency with the Comprehensive Plan. SECTION 2.4.$(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.$(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Planning and Zoning Board =*=~ff Report Conditional Use Modificafic ,.Creations of Pineapple Grove Page 5 B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by CBD zoning and general retail uses except for the FPL Substation that is located north of the building on the east side of the alley. While the use as a retail and office center on the surface seems compatible with the other retail uses located on Pineapple Grove Way, the use as bazaar could create some negative impacts on the surrounding area if it is not properly regulated. One of the major concerns noted in the previous staff report was the adequacy of parking. While the previous proposal could accommodate the required parking on-site by utilizing the shopping center rate of 4 spaces per 1,000 square feet of floor area, there was some concern that the demands of parking may be greater than that required by code. As a condition of the previous approval, the number of on-site spaces was to be increased by providing the maximum amount of compact parking spaces (30% of the required spaces). The current development proposal not only seeks to increase the floor area by 10,000 square feet, it also proposes to eliminate 23 on-site parking spaces. The applicants are asking for approval of a parking reduction of 42 spaces, however, the proposal is actually deficient by 50 spaces, as described below. Using the shopping center parking rate of 4 spaces/I,000 square feet of leasable floor area, the proposed 41,000 square foot structure requires 164 parking spaces. The nd revised plan includes 89 parking spaces within the parking lot along NE 2 Avenue, and 23 existing spaces backing out onto NE 3rd Avenue, at the rear of the building. The plan proposes to install another 10 back-out spaces on the east side of NE 3rd Avenue, for a total of 122 parking spaces (deficiency of 42 spaces). However, while the existing back-out parking spaces may remain, the Land Development Regulations prohibit the installation of new spaces backing out onto the street. This same issue was addressed with the previous site plan, which was modified to instead provide 2 parallel parking spaces along NE 3rd Avenue. That same configuration could be used with the current proposal, for a total of 114 spaces. The actual parking space deficit is therefore 50 spaces, or a 30% reduction of the required parking. LDR Section 4.6.9 (F)(1) states: When, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. To support the request for this reduction, the applicant has provided a Trip and Parking demand study along with the following narrative: 'It is expected that the City's principal concern will have to do with the parking, as the modified use will have a deficiency of 42 spaces, if one applies the parking standard of 4/1,000 to the use. However, the current parking standard greatly overstates the Planning and Zoning Board .~ff Report Conditional Use Modificafio .Creations of Pineapple Grove Page 6 parking needs that will be associated with this use. The appropriate number of parking spaces for the furniture and design emporium is actually 1.5 spaces/I, 000 square feet. The attached Parking and Traffic study compiled by Keith and Schnars, P.A., conservatively recommends the adoption of 2.0 spaces/I,000 for the 31,000 square feet of retail space. The study looked at similar uses and conclusively demonstrates that a reduced number of parking spaces will accommodate the proposed use. it is now anticipated that the second floor area will be comprised of 4, 000 square feet of office space and 6, 000 square feet of storage area related to inventories for the retail space below. We suggest applying the City's standard of 3.5 spaces 1,000 square feet for the office portion and I space per 1,000 square feet for the storage portion. The required parking associated with the second floor is then 20 spaces, for a total parking need of 82 spaces on site. Despite this Iow actual need, it remains the owner's intent to provide 122 parking spaces as set forth on the revised site plan." The parking demand study provided by the applicant's traffic engineer Keith and Schnars was based on ITE Manuel criteria for furniture stores, and an on-site parking demand study that was conducted at the Atherton Mills shopping center in Charlotte, North Carolina. The applicant felt that Atherton Mills was comparable to the proposed Creations development as it provides high-end vendor space for unique antiques, furniture and decorating shops, as well as interior design facilities. An independent consultant (Pinder Troutman Consulting, Inc.) under contract with the City reviewed the Parking and Trip Rate study. The opinion of both the consultant and P & Z staff is that the applicant's study does not conclusively demonstrate that the spaces being provided will accommodate the proposed use. The Pinder Troutman report, which is attached, notes the following: The most basic concem is whether or not the proposed use is comparable to a furniture store. ITE Trip Generation, 6th Edition provides the following definition: 'A furniture store specializes in the sale of furniture, and often, carpeting. Furniture stores are generally large and includes storage areas". The sites that were surveyed for the applicant's study included both traditional retail furniture stores and warehouse stores with showrooms. The project description for Creations is: 'A facility that will provide high-end vendor space for antiques, furniture sales, interior design elements and other unique decorating items". The use as described, with numerous booths of approximately 10' x 10' in size, is not the same as a typical furniture showroom. Planning and Zoning Board .~ff Report Conditional Use Modiflcatio ~reations of Pineapple Grove Page 7 The second concern noted by Pinder Troutman is the use of the ITE Parkin~q Generation, 2r~ Edition parking generation rates. The parking generation rates contained in this 1987 publication are from 2 studies that were conduced in 1961. This data is almost forty years old and begs the question as to its current validity and applicability. Another concern noted was the methodology that Keith and Schnars utilized in attempting to correlate trip generation rates and parking generation rates, and in using Furniture Stores as a comparable land use. They also question whether or not Atherton Mills is truly a comparable facility. Planning and Zoning staff shares those concerns, in that the applicants are asking to base a 30% parking reduction on the parking demands experienced by a shopping center located in another state, in what appears to be a suburban area, with no information on the consumer market in that area. In staff's opinion, it is simply not a sufficient basis for reduction of this magnitude, especially given the potential consequences that would result from a severe parking shortage. If on-site parking is not sufficient, customers may seek spaces in nearby private lots, negatively impacting those properties which in turn may create a significantly detrimental effect upon the stability of the neighborhood, and hinder the development and redevelopment of nearby properties. Even if the study were accepted and the parking turned out to be adequate for this particular use, staff is concerned with the limitations that the lack of parking will place on future uses that could be accommodated within this building. The plans for the Pineapple Grove area call for it to be primarily a retail, arts, and entertainment district. Restaurants, retail, and entertainment establishments create a significant parking demand, far in excess of the proposed 2 spaces per 1,000 square feet. If the Creations concept is not successful, the pool of alternative tenants that can occupy a building of this size and still meet the parking code will be minimal. The result could be a building that lies vacant for years, as is the current situation, or a request to allow a use that does not have a significant parking requirement, such as storage.- Both of these alternatives could have a significant detrimental impact on the Pineapple Grove area. The Land Development Regulations governing the Central Business District include alternatives when a project cannot provide all of its required parking on site. The available options are: 1) execution of an off-site parking agreement and 2) payment of an in-lieu parking fee. In terms of an off-site parking agreement, there is a limited supply of available vacant land within the required 300' distance of the site. There is a lot at the northeast end of the block which would qualify. Off site parking must be improved per code, however, the improvements could possibly be phased in. At $6,000 per space, the in-lieu fee of $300,000 may not be economically feasible. It appears that the most reasonable alternative is to develop the site as originally proposed, with the parking remaining on the ground floor. 'Planning and Zoning Board ='~ff Report Conditional Use Modificatio .~reations of Pineapple Grove Page 8 ,Il REVIEW BY OTHERS. Downtown Development Authority (DDA): The DDA reviewed the development proposal at its meeting of January 20u~ and recommended denial of the project, based upon concerns over the parking shortage. Community Redevelopment Agency (CRA): The CRA reviewed the development proposal at its meeting of January 13th and recommended denial of the project, based upon concerns over the parking shortage. Pineapple Grove Mainetreet Advisory Board (PGMS): PGMS reviewed the development proposal at its meeting of January 10th and supported the expansion. S!te Plan Review and Appearance Board (SPRAB): If Conditional Use approval is granted, a site plan modification must be submitted. Final action on the site plan modification submittal will rest with the SPRAB. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations that have requested notice of developments in their areas: · Progressive Residents of Delray (PROD) · President's Council · Chamber of Commerce ASSESSMENT AND CONCLUSION The proposed conditional use modification seeks to increase the square footage from 31,000 square feet to 41,000 square feet for Creations of Pineapple Grove. The expansion would result in a parking deficit of 50 spaces below what is required by the Land Development Regulations. The study submitted by the applicant to support this deficit does not conclusively demonstrate that the amount of parking being provided is sufficient to accommodate the use. The parking deficit could have a significantly Planning and Zoning Board c.,~ff Report Conditional Use Modificatio .~reations of Pineapple Grove Page 9 detrimental impact on neighboring properties, and on the long term viability of this development. Staff cannot support the expansion without the provision of parking in accordance with the LDRs, and recommends that the applicant construct the project as previously approved. A L T E R N A,T I V E A ClTI~O.N~;~?L~ .~*,~- , *~ ~*. A. Continue with direction. Recommend approval of the request for Conditional Use Modification for Creations of Pineapple Grove, based upon positive findings with respect to to LDR Sections 4.6.9(F)(1), Parking Reduction Allowed, in that the applicant has demonstrated conclusively that the reduced number of spaces will accommodate the use, and with respect to Section 2.4.5(E)(5), Conditional Use Findings, and Chapter 3 (Performance Standards), and the policies of the Comprehensive Plan subject to conditions. Co Recommend denial of the Conditional Use Modification for Creations of Pineapple Grove, based upon a failure to make positive findings with respect to LDR Section 4.6.9(F)(1), Parking Reduction Allowed, in that the applicant has failed to demonstrate conclusively that the reduced number of spaces will accommodate the use, and with respect to Section 2.4.5(E)(5), Conditional Use Findings, in that the lack of adequate parking will have a significantly detrimental effect upon the surrounding neighborhood and will hinder development and redevelopment of adjacent properties. RECOMMENDED ACTION Recommend denial of the Conditional Use Modification for Creations of Pineapple Grove, based upon a failure to make positive findings with respect to LDR Section 4.6.9(F)(1), Parking Reduction Allowed, in that the applicant has failed'to demonstrate conclusively that the reduced number of spaces will accommodate the use, and with respect to Section 2.4.5(E)(5), Conditional Use Findings, in that the lack of adequate parking will have a significantly detrimental effect upon the surrounding neighborhood and will hinder development and redevelopment of adjacent properties. Attachments: · Previously Approved Site Plan · Proposed Plan Including the Expansion · Proposed Floor Plan · Exhibit A - Applicant's Parking Study · Exhibit B - Response to Study by Pinder Troutman P&Z:CUCREATIONS L :w I i' -, '_.j j l_ 101 14.~r ~ AVE]~IU[ II EXHIBIT "A" Study Summary, Keith and Schnars, P.A. has undertaken a comprehensive study of the parking requirements for the future shopping development to be known as Delray Beach Creations. The study looked into what parking rates would be necessary for a facility that will provide high-end vendor space for antiques, furniture sales, interior design elements and other unique decorating items. In reviewing both the fifth and sixth editions of Trip Generation, authored by the Institute of Transportation Engineers, it is difficult to find a similar land use. The closest they come is furniture sales or Land Use Code $90. Unfortunately, ITE has only conducted one study on this land use and therefore th___e suggestion is that that one study be used very cautiously. We at Keith and Schnars have also conducted several studies recently for a furniture store located in Broward County. As a part of that study (copy attached), we looked at several types of furniture stores, from high-end to more moderate stores. In conducting the study, it was our intention to determine the trip rate at each location, which would then equate to the parking rate. In all studies, both ours and the one done by ITE, the parking demand for furniture stores and interior design facilities never exceeded ] .$ parking spaces per l,O00 sf. In concertation with the client, we then went a step further and l~rformed a study at Atherton Mills, located in Charlotte, North Carolina. Atherton Mills is very similar in composition to the proposed Delray Beach Creations development, as it provides high-end vendor space for unique antiques, furniture and decorating shops as well as interior design facilities. Atherton Mills is located in an old mill structure that was renovated to house high quality vendor space. Another area of the facility provides space for additional new furniture and decorating accessory sales and interior designers as well as a microbrewery restaurant. The type of use (not the microbrewery or the restaurant but certainly the other uses) that we saw in Atherton Mills is very close to what is proposed by the developer of the Delray Creations. We therefore performed a traffic study at Atherton Mills to determine the parking demands required of this proposed land use. The findings of our report are attached. ' Parking Study - Atherton Mills Exhibit 1 shows the Atherton Mills site and square footage for each building. The property lies south of the downtown area of Charlotte, North Carolina. There are four buildings in this development, all served by one major street called South Boulevard. The principal vendor/sales area is located in a building of 46,511 sf. A second building of 6,300 sf, consists of retail arts and crafts and knick-knacks. A third retail building of 20,404 sf, houses furniture and accessories. A microbrewery restaurant occupies the fourth building of 14,832 sr. Exhibit 2 indicates the use of each building. Exhibits 3 and 4 indicate parking availability at various times during the day. Parking provided on site for the four buildings totals 141 spaces. An attempt was made to sub- divide the spaces between retail and restaurant. Atherton Mills and the retail areas, which comprise a total of 73,215 sf, have been allocated a total of 87 parking spaces. The microbrewery restaurant, comprising 14,832 sf, has been allocated 54 parking spaces. As you review the following photographs of the Atherton Mills site, it is obvious that there is cross parking taking place and, as such, we have provided for that. Photograph No. 1 is of the directory that shows the relationship of the four uses of the property. Photographs No. 2 is the sign located on South Boulevard. Photograph No. 3 shows the sign which attempts to separate the mill traffic from the restaurant/microbrewery traffic (I have highlighted the sign). This is also the e~t side of the Mill and shows some of the parking in front of the mill. Photograph No. 4 is another view of the east side of the mill. Photograph No. 5 begins to move into the parking lot and shows the south side of the Atherton Mills. Photograph No. 6 shows Atherton Mills in the foreground and behind that the long white building is the 6,300 sf building that at one time was a storage facility when the mill was in operation as a mill and now houses retail space. Photograph No. 7 is a better picture of the 6,300 sf building, the back of the mill building, and begins to show, on the left-hand side, the third retail area which is connected to the microbrewery. 2 Photograph No. $ shows the very back end of the development. You can see the parking area, the building that houses additional retail furniture and accessory sales and beginning of the microbrewery itself. Photograph No. 9 once again highlights the sign that we saw earlier in Photo 3 which tries to separate restaurant parking traffic from mill traffic, even though there is cross-parking use by all For the Parking Demand Study, we chose a Friday and Saturday to conduct the studies, as the owners indicated these were the busiest times at the shopping development. They also indicated that this period is one of their busiest seasons leading toward the holiday season. The studies were conducted by looking at how the parking spaces were being utilized at various times throughout each day. In the study, we looked at the unoccupied spaces. Those findings are attached (Exhibits 3 and 4). As you can see on Friday, the only time when nearly all of the spaces were occupied was between 12:30 and 1:00 PM. During that 30-minute period, there were only three spaces available due to the lunch crowd at the mierobrewery. With the exception of that 30-minute period, the rest of the day, a typically busy day for Atherton Mills, clearly indicates that there was always more than ample parking available even by utilizing the parking rate of 1.6 spaces per 1,000 sf. On Saturday, which is one of the mills' busier days, you can see from the study that the time frame with the least amount of available parking was only between the hours of 2:00 to 2:30 PM, at which time there were actually seven vacant parking spaces. During the rest of the day, there was more than ample parking available at all times. The total square footage of the entire site, including the microbrewery, is 88,047 sf; there are a total of 141 parking spaces for the entire site. This equates to 1.6 spaces per 1,000 sf. when looking at the overall development as a whole. Of those total 141 spaces, we have looked at several breakdowns. If one were to take the Atherton Mill and the retail spaces together, which totals 73, 215 sf and look at the allocation of 87 spaces, that would equate 1.2 spaces per 1,000 sf. In the case of the microbrewery utilizing the 14,832 sf with 54 parking spaces, that distribution would equate to 3.6 parking spaces per 1,000 sr. There are no proposed microbreweries at the Delray Creations, therefore, from a traffic standpoint, we feel we have demonstrated the worst case scenario and have clearly indicated that 1.6 spaces per 1,000 sf is more than sufficient. The historical ITE study, as well as our own studies, have indicated the need for 1.5 parking spaces per 1,000 sf in a development of this specific type of use. Under a worst case scenario, utilizing a ratio of 2 spaces per 1,000 sf would provide more than adequate parking for a furnishings and decorating center. We have reviewed in depth a similar use in a very desirable community which clearly shows that even when including a restaurant as part of the overall mix, a parking ratio of 1.6 spaces per 1,000 sf was never fully utilized. We would therefore recommend that a rate of 2 spaces per 1,000 sf be utilized for the Delray Beach Creations development. That rate will provide more than ample parking and well in excess of the spaces required for furniture stores, but would be consistent with high-end vendors of home decorating items and antique sales, which is the intended use for this shopping development. 3 Trip Rates As mentioned earlier, our studies at Atherton Mills were conducted over a two-day period of Friday and Saturday. On Friday, a total of :553 trips were accounted for during the day, including employee arrivals and departures during the period prior to opening and after closing of the Mill. Those :553 trips on Friday computed to 7.:5:5 trips per 1,000 sf for all the retail sales area, which involved the antique and furniture sections. On Saturday, a total of 56:5 vehicles came into the site during the hours of operation, again including employee arrivals and departures prior to opening and after closing of the retail stores. These 565 vehicles equated to 7.72 trips per 1,000 sr. It is interesting to note that, if we take the trip generation formula that was developed from a review of five furniture stores, two of which were more high end than the other three, and compare that result to the mathematical projection that was determined in our actual Atherton Mills study, the results would be nearly identical. For example, by applying the formula T= 2.867 x X + 354, where Tequals daily trips and X is the furniture store size per 1,000 sf and considering the retail area (X) to be 73,215 sf, it would show that the Atherton Mills site, based on retail antique sales would generate approximately :564 trips. As indicated, on Friday, we actually generated 553 trips, and on Saturday, 56:5 trips. Therefore, we feel this formula is consistent with the trip rate for the antique sales and interior desigu and accessory type vendor sales that would be contemplated at this location. · 4 EXHIBIT "B" PINDER TROUTM ! CONSULTING, INC. Transportation Planners and Engineers 2324 South Con§ress Avenue, Suite 1H West Palm Beach, FL 33406 (561) 434-1644 Fax 434-1663 Emaih pindertroutman@msn.com January 18, 2000 Mr. Jeffrey Costello, AICP City of Delray Beach 100 NW 1' Avenue Delray Beach, FL 33444 Re: Delray Creations - #PTCO0-09 Dear Mr. Costello: Pinder Troutman Consulting, Inc. (PTC) has reviewed the Parking and Trip Rate Studies prepared by Keith and Schnars, P.A., for the above referenced project. We have several concerns regarding these studies. The first and most basic concerns is whether or not the proposed use is comparable to a Furniture Store (ITE Code 890). ITE Trip Generation, 6th Edition provides the following definition: A furniture store specializes in the sale of furniture, and often, carpeting. Furniture stores are generally large and include storage areas. The sites surveyed include both traditional retail furniture stores and warehouse stores with showrooms. The project description is: A facility that will provide high-end vendor space for antiques, furniture Sales, interior design elements and other unique decorating items. Second, is the use of the ITE Parking Generation, 2nd Edition parking generation rates. The parking generation rates contained in this 1987 publication are from two (2) studies conducted in 1961. This data is almost forty years old and begs the question as to its current validity and applicability. Third, is the attempted correlation between trip generation rates and parking generation rates. Comparing the daily trip generation of similar sizes by using the regression equation naturally yields comparable results. If used at all, the regression equation should be used to compare the daily trip generation of the proposed 41,000 SF to the 73, 215 SF. The following questions are still unanswered: a) b) Is this the appropriate methodology? Is Furniture Store a comparable land use? Mr. Jeffrey Costello Re: Delray Creations - FTC ~00-4~ January 18, 2000 Page 2 Finally, there is the concern if Atherton Mill is a comparable facility. How much shared parking occurs, particularly on the weekend? Is there any off-site parking? Are the daily traffic counts for the entire site or only the non-restaurant space? The parking supply appears restricted based on utilization in excess of 95 percent. No supporting documentation was provided. Given the concern with the documentation in the Delray Beach Creations Parking and Trip Rate Studies, we would make the following recommendations: 2) 3) Have the applicant, in conjunction with the City, identify comparable local site(s) and conduct weekday and weekend parking accumulation and demand studies. Or Allow the project to proceed with the approved 31,000 SF, and have the applicant demonstrate through site studies, that the parking demand can be satisfied with an additional 10,000 SF. Or Approve the project with a covenant restricting the use to the sale of furniture and interior decorating accessories. J~drea M. Troutm/a'n, e.[,/ president / CC: Arnold Ramos Libbey Webb ME THODIS T CHURCH J MAR~N LUTHER K NG J , 2ND ~T. , J ATLANTIC AVENUE N ~ CR~TIONS OF DEL~Y OW ~ ~AY ~ACH, ~ ~ Z~NG ~P~ENT JEFFREY S. KURTZ. P.A. A3~I'()RNEY AT I.-~w I":3{l fOl,tE.',il' IIILL l~Otll,~X ARD SUII'~ 111} G WELLINGTON. PLORIDA 3341a (56J) 227-152o February 14, 2000 VIA FACSIMILE ONLY (561) 243-7221 Diane Dominquez Planning Director City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 R.~: Creations of Delray Dear Diane: I am in receipt of your letter, dated February 10, 2000 and the CRA has received a presentation concerning the project but has not yet voted to make a recommendation to the City Commission on the proposed addition. We also anticipate having additional documentation concerning the level of parking required for this use available for your review , shortly. In light of these events, we would respectfully request that Commission hearings in regard to the Conditional Use Application be continued from the February 15, 2000 meeting to the City Commission's Regular Meeting on March 7, 2000. We remain hopeful that solutions will be arrived at to allow the development to go forward as we have presented it in this modification. Please let me know if an appearance at the February 15th meeting will be necessary to present the requested continuance to the Commission. Sincerely, JSK/lm cc: Client :01 909Z:/C;T/Z:6 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER fff~ AGENDA ITEM q.c. - REGULAR MEETING OF FEBRUARY 15, 2000 DATE: ADDITIONAL FUNDING REQUEST/SANDOWAY HOUSE FEBRUARY 11, 2000 We have received a request from Carolyn Patton, on behalf of the Sandoway House, for the second half of the settlement dollars for Enterprise Contractors ($8,000.00) and an additional request for $9,200.00 to complete their funding needs for their fiscal year 2000 which runs January 1st through December 31, 2000. The Sandoway House initially came to the C~ty for assistance w~th the final payment to Enterprise Contractors in March of 1999. A copy of the minutes from that meeung ~s attached. Mr. Barcmskt has reviewed the current request and is recommending that the City Commission consider funding the $8,000 needed for settlement. As for the additional $9,200 projected shortfall, it is recommended that this be deferred until later in their fiscal year so that we will have a better ~dea of what the actual revenues and expenses are for The Sandoway House. If the Commission wishes to fund all or a portion of the request, funding ~s available from City Manager's Contingency (001-6111-519-99.03). RefiAgmemo22.Funding Request Sandoway House ADMINISTRATIVE SER VICES MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager January 24, 2000 Additional Funding Request Sandoway House Attached is a request received from Carolyn Patton requesting that the city fund the second half of the settlement costs $8,000 and an additional $9,200. I asked the Finance Department to review this request based on the financial condition of the organization. Last year they requested the City to fund $16,000 for the settlement with Enterprise Contractors. We funded $8,000 and indicated we would look at their financial condition before considering the other $8,000. Based on the attached financial statement we would recommend consideration of the $8,000 request. The $9,200 requested is to meet their anticipated year 2000 shortfall. This year starts 01/01/00 and ends 12/30/00. I would not recommend considering this request until next October and November to see what their actual revenues and expenses are. RAB/tas File:u:sweeney/asmemos Doc: funding sandoway house FROM : SANDOWAY PHONE NO. : 561 368 3639 Dec. 08 1999 04:31PM P1 i Frien of Sandoway House Nature Center, Inc. A NON-PROFIT ORGAMIZAq'ION D~,DIC, ATF, D TO SUPPORTING A NATURE CENTER IN A HISTORIC BEACHFRONT SET[lNG President Carolyn H.R. Patton Vice4Pre~idcnt William S. Weisman, Esq. Yvonne Templeton tt.J. 5teffens I~oard of Hon. Jay Alperin Mayor. C{~ or Joanne Bingo Christine C. Davies John G. Flint, Jr. I~ura T, Nilsa C. McKinr~ey Dr. SCOt! McOwen Carolyn H.R. Patton Alieda N. Riley Lorl E Rivera Keith Rizzardl. Esq. Mary LOU Schllllnger H.J. Steffens Susan A, Strokes Yvonne Templeton William 5. Welsman, Esq. Executive Director Diane Wold Jennings SANDOWAY HOUSE NATURE CENTER (,56 i ) 274-SAHD A New Community Rcsour¢¢ for Palm Beach County Address Correspondence To: ! 42 South Ocean Blvd. Delray BenCh, Plon~' 33483 December 8, 1999 Mr. Robert Barcinski Assistant City Manager City of Delray Beach RECEIVED DEC 0 fi 19,99 AS"-,_. CITy ~S ,/. , , Dear Bob: On behalf of the Board, I am writing to request the second half of repayment of the settlement with Enterprise Contractors: $8,000.00. The City Commission reimbursed us the first half in the last fiscal year and it was your request that we file this request in this fiscal year. In addition, we are currently short another $9200.00 to complete our funds needs for the Year 2000. So, we are requesting a total of $17, 200.00 at this time to take much pressure off staff and volunteers. Attached are the documents you requested; please call if I can help in any other way. Sincerer, FROM.: SANDO~AY PHONE NO. : 561 368 36]9 Dee. OB 2999 04:]lPM P2 108/99 Friends of Sandaway House Nature Center, Inc, Profit and Loss January through September 1999 Org,~,3~ &,'momelExpense 4053 - Income * Golf Toumam0nt 4070 - Contrib. Income - Unrestricted Total Income Cost of Goods Sold 5000 · Cost o! Events 5075 Cost of GolfT0urney 5100 · Grant Writing Expense 5i50 · Gift Shop Purchases Total COGS Gross Profit 6000 ·Bul[dmg Renovation 6002 - Engineering Services 6006 · Building - Other 600B - Architectural Total 6000 · Building Renovation 6031 - Animal Feed ~,032 · Advertising 6110 Automobile Expense 6120 Bank Sen/lee Charge& 6165 Florida Annual Report Dues 6t72 Educational Matcrlal 6175 Fundralsing Expense 6160 Dues and Subscriptions 6170 Equipment Rental 6180 Insurance 6193 - Employee Health Insurance 6195 - Property Insurance 64t0 - Liability Insurance 6180 - Insurance - Other Total 6180- Insurance 6230 · License5 and Perm;Is 6233 · Maintensce 6240 M~scellaneous 6255 · Pool Maintenance 6550 · Office Supplies 6250 · Postage and Delivery 6260 · Printing and Reproduction 6270 · Professional Fees 6655 · Consulting 6280 · Legal Fees Total 6270 · Professional Fees 6551 · Office Expense 6560 · Payroll Expenses 6561 · Payroll ProceSSlng Fees 6562 · Payroll tax expense 6670. Program Expense 6290 · Rent 6300 - Repairs 6335 · Pool Repair 6300 · Repairs - Other Total 6300 · Repairs 6770 · Supplies 6340 · Telephone Jan - Sap '99 Jan - Sap '98 0.00 0.00 70,464.52 150,084.EA 70,464 52 150.084.64 2,621.25 6,241.52 0.00 0.00 0.00 0.00 0 O0 0.00 2.621,25 6,241.52 67,843.27 143.843,12 0.00 3,240.00 0 O0 322.24 0.00 1,463,00 0 O0 5,025.24 140.00 85.00 266.69 0.00 0 O0 42.00 O, O0 60.00 0.00 61.25 10.463.68 12,185.10 2,000.00 810.00 175.00 325,00 0.00 116.60 3,873.12 4,079.52 0.00 2.323.25 2,443 O0 882.00 0.00 44,00 6,318.12 7,328.77 146.25 0 O0 4,564.19 1,701.45 455.72 561 46 197.50 25.00 38.10 413.52 92.29 685.91 38.00 100.00 0.00 0.00 0 O0 0.00 27,493.64 362.42 5,954.28 O.O0 596.51 64.50 933.08 400.00 2,550.00 2,950.00 74.40 31.101.15 1.399.98 6,106.84 338.74 1.00 0,00 2,458.59 2,458.59 5,950.07 2,073.63 997.58 2,238.90 2,487.10 Pa~e 1 1 ll081~tg Friends of Sandaway House Nature Center, Inc. "Profit and Loss January through September 1999 Jan - Sep '99 6390' Utilities ¢4~ e · w=~o¢ 330.11 6390 · utilities - Other 3,604.40 Total 6390 - Utilities 3,934 51 Tot~l Expense 81.282.45 Net Ordinary Income -13,43g.18 Other IncOmelExp~nse Other Income 7010 - Interest Income 1,440 54 Total Other Income 1,440.54 Net Other Income 1,440.54 Not Income -11,998.64 Jan - Sep 0.00 3,345.[~5 3,345.85 73,092,5B 70,750.54 3,038.37 3.038.37 3,038.37 73,788.91 Page2 1999, and ending in accordance with the City Charter. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. For Co,,,,dssion Member/Seat #3, Mayor Alperin stated that Barbara D. Brown received 3,298 votes and Michael Wright received 3,301 votes. Mr. Schmidt moved to approve the total votes for each candidate for Commission Member/Seat #3, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Michael Wright is elected as Commission Member/Seat #3, for a two (2) year term commencing on the 25th day of March, 1999, and ending in accordance with the City Charter. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. (2) Proclamation in recognition of March 7-14, 1999, as Palm Beach County Sports Hall of Fame Week, and commending Michele Safford as the 1st Special Olympic Athlete inductee. Mayor Alperin read the proclamation in full, recognizing the week of March 7-14, 1999, as Palm Beach County Sports Hall of Fame Week and commending Michele Safford, Special Olympics Athlete of the Year on the occasion of her induction into the Palm Beach County Sports Hall of Fame on the 14th day of March, 1999. Accepting the proclamation on Michele's behalf was her father, Joe Safford, the City's Finance Director. Mr. Safford expressed his appreciation to the City Commission for their recognition of Michele's achievements. Mr. Safford then introduced Mr. George Warren, Michele's speed skating coach, who is involved with public relations for the Special Olympics and was recently selected to sit on the Palm Beach County Sports Hall of Fame committee. (3) Funding Request/Sandowa¥ House: Consider a request from The Friends of Sandoway House Nature Center for assistance with the final payment to Enterprise Contractors. The City Manager stated there were some unanticipated extra costs, some of which were related to improvements in the air conditioning system which were recommended by the City. The staff recommendation is to pay 50% (roughly $8,000) of the additional cost at this time and then see how the Sandoway House budget is doing this summer. At that time the Commission might want to consider an additional contribution in the FY 2000 budget to offset the expense in full. - 2 - 3/10/99 Mr. Ellingsworth moved to approve the staff recommendation. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Prior to roll call, Mr. Schmidt asked what the City's agreement was with the Sandoway House regarding how much the City was going to contribute toward the construction, if anything? Mr. Barcinski stated that the City agreed to pay for the air conditioning which came to thirty-some thousand dollars and which was paid by the City. The funding assistance requested now is in addition to that. Mayor Alperin pointed out that much of the problem with the additional costs came about as a result of overruns by the contractor which were not approved by the Sandoway House Nature Center Board of Directors. (4) Aqreement for Disaster Recover~ Services/Grubbs Construction Company: Consider approval of a disaster recovery agreement with Grubbs Construction Company to provide debris removal and technical assistance in the event of a disaster. Robert A. Barcinski, Assistant City Manager, explained this is a disaster recovery services agreement with Grubbs Construction Company for a $100.00 retainage fee to guarantee they would provide services to the City in the event of a disaster such as a hurricane, tornado, etc. The services include technical assistance for damage assessment and documentation support needed to obtain reimbursements from the federal and state governments. Debris removal services will also be provided, including equipment and technical personnel. Mr. Barcinski noted the agreement provides for a turn-key operation where Grubbs will be responsible for subcontracting with other companies to provide any additional equipment and manpower needed and is responsible to the City for all subcontractors. Mr. Barcinski continued that the agreement has been reviewed by the City Attorney and there is one minor change that needs to be made. On page 1 of 5 of Agreement for Disaster Recovery Services, Attachment 1, subheading Debris Removal from Private Property (Right-of-Entry Program - Pick-up and Haul), fourth line down from the top, will be amended to read "Upon receipt of the completed right of entry form/ and hold harmless agreement from the ..property owner, and execution of the non-duplication of benefits agreement from the City, ...". On question from Commissioner Archer, Mr. Tom Rankin, Division Manager for Emergency Services/Grubbs Construction Company, stated that pursuant to the terms of the agreement, Grubbs Construction is contractually responsible to the City to provide the services agreed upon no matter what else occurs, and to do so in a timely and proper manher. - 3 - 3/ 0/99 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM 90 - SPECIAL MEETING OF FEBRUARY 15, 2000 CRA APPLICATION FOR TEA'21 (FORMERLY ISTEA) FUNDING FOR WEST ATLANTIC AVENUE FEBRUARY 10, 2000 The Community Redevelopment Agency is in the process of preparing a grant apphcation for TEA'21 funds which will be used to continue the enhancement and beauttfication activities on West Atlantic Avenue. TEA'21 (Transportanon Eqtnty Act for the 21~t Century) is the new acronym for ISTEA, Intermodal Surface Transportation Efficiency Act. The CRA successfully applied to the Metropohtan Planning Orgamzanon for ISTEA funds in 1997 and 1998 for improvements to the 100 through 600 blocks of West Atlanuc Avenue. These funds will be recmved in 2002 and 2003. The current applicatton will request funding for improvements to the 600 through 1000 blocks (N.W./S.W. 6th Avenue to N.W./S.W. l0th Avenue). The request before the Commission at this point is threefold; (1) to serve as the project sponsor and s~gn the application; (2) authorize a letter certifying that the C~ty will assume maintenance responsibtlity for the improvements post-installation; and (3) to s~gn the grant agreement if the grant is awarded. The CRA anticipates requesting up to $500,000 from TEA'21, subject to forthcoming cost estimates, and will consider promdmg the appropriate match from them budget m March, 2000. I recommend that the City Commission support the CRA's application as requested. Re f-Agmemo 18.CRA.TEA'21 Grant Community Redevelopment Agency Delray Beach MEMORANDUM DATE: February 9, 2000 TO: FROM: David T. Harden, City Manager City of Delray Beach Shelley Treadwell, Economic Development Manager._~//~ Delray Beach Community Redevelopment Agency ~ "~'-~ RE: Request for inclusion on City Commission Agenda for 2/15/00 regarding the CPA's application for TEA '21 (formerly ISTEA) funding for West Atlantic Avenue Please consider this memo a formal request by the Delray Beach Community Redevelopment Agency for inclusion on the City Commission Agenda for 2/15/00 to present information and request approval for the submission of a TEA 21 grant request to be prepared by CRA Staff and Consultants. The Delray Beach Community Redevelopment Agency will be submitting an application to the Palm Beach County Metropolitan Planning Organization for TEA '21 (formerly ISTEA, Intermodal Surface Transportation Efficiency Act, US Department of Transportation) funding of enhancement or beautification activities for West Atlantic Avenue around May 1, 2000. Specifically the application will request funding for brick paver sidewalks and crosswalks, drainage, lighting, and landscape nodes for West Atlantic Avenue Blocks 600 block through 1000 block (NW/SW 6th Avenue to NW/SW 10th Avenue). The application will also request funding for general landscaping, trees and irrigation for the landscape nodes for these blocks. (A Beautiful Palm Beaches grant awarded in 1998 will take care of the remainder of the landscaping for the public right of way). As you may recall, the CPA successfully applied to ISTEA in 1997 and 1998, and Beautiful Palm Beaches in 1997 and was funded for improvements for the 100 through 600 blocks of West Atlantic Avenue (funds to be received in 2002 and 2003). The City is not applying for any ISTEA funding this year, but is required by the MPO to be the sponsor for this project and to provide for maintenance of the project post- 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640/Fax (561) 276-8558 installation. We anticipate that the CRA will request up to $500,000 from TEA '21 this year, subject to our cost estimates that are forthcoming. The CRA will consider providing an appropriate match from their budget (to be determined and reviewed by the CRA Board in March). In summary, the CRA is asking the City of Delray Beach: To serve as the project sponsor (sign the application) To provide for the maintenance of the project (as they did for previous CRA applications to ISTEA and Keep Palm Beach County Beautiful, Inc.) A sample letter is attached. To sign the grant agreement if the Grant is awarded. As stated previously, the CRA will be asked to provide the match for this grant and will supervise the grant's administration. We appreciate any assistance you can provide with this request. Attachment March 1, 2000 Mr. Randy Whitfield, P.E. Director Metropolitan Planning Organization of Palm Beach County 160 Australian Avenue, Suite 201 West Palm Beach, FL 33406 Dear Mr. Whiffield: The purpose of this letter is to certify that the City of Delray Beach will provide the maintenance for the lSTEA project submitted on behalf of the Delray Beach Community Redevelopment Agency. This project provides for the enhancement of the project area on West Atlantic with pedestrian and beautification improvements. The City has agreed to maintain the plantings and hardscape improvements in perpetuity. Thank you for your assistance in this matter. Sincerely, David T. Harden City Manager Transpmtafion Equity Act for the 21st Century wysiwyg://3/l~tp://www.fl~wa, dot. gov/t~a21/ T Moving Americans into the 21~t Century at's o th T -21Web t Transportation Equity Act for the 21 st Century was enacted 9, 1998 as Public Law 105-178. TEA-21 authorizes the Federal surface transportation programs for highways, hIghway safety, and transit for the 6-year period 1998-2003. The TEA 21 Restoration Act, enacted July 22, 1998, provided technical corrections to the original law. The material presented on this web site reflects the combined effect of these two laws and refers to this combination as TEA-21. The contents of the TEA-21 web site are organized as follows: Legislation Cross Reference Summary Information Fact Sheets Funding Tables Information Exchange Publications The full text of TEA-21, the TEA 21 Restoration Act, and the related congressional reports. For each section of TEA-21, the legislative language, links to related guidance (policy memoranda, Federal Register notices, regulatory actions), fact sheets, questions and answers, and other resources. Summaries of TEA-21 content, progress reports, etc. Fact sheets on the programs and provisions in TEA-21. Tables showing TEA-21 authorizations, apportionments, allocations, obligation limitations. Information about the TEA-21 outreach sessions, including session summaries. TEA-21 related publications available on line and instructions for ordering paper copies. r T s onE ui ct fort · st e u -A u ma Last updated December 7, 1999 mailto: web.master~fhwa.dot.=ov United States Department of Transportation loll 2/10100 1:35 PM £1TY OF DELItI:IY BEI:I£H DELRAY BEACH 1993 TO: 100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 M O DUI I David T. Harden City Manager FROM: DATE: obert A. Barcinski ssistant City Manager February 9, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 15, 2000 SPECIAL EVENT APPROVAL - SAINT PATRICK'S DAY PARADE ACTION City Commission is requested to approve a request to conduct the Saint Patrick's Day Parade to be held on Saturday, March 11, 2000 beginning at 2:00 p.m., and to grant a temporary use permit per LDR's Section 2.3.6(H) for the use of Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade entries. Commission is also being requested to approve staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. BA CKGR 0 UND Attached is a request from Kathy Power on behalf o the St. Patrick's Day Charity Fund, Inc. to approve the parade and provide staff support for traffic control and security, clean up, barricading, and assistance in preparing the FDOT permit. The parade would start at 2:00 p.m. and end approximately 3:30 p.m. Although not stated in the letter, Venetian Drive andGleason Street would be utilized to stage the parade entries and we would close these streets by 12:30 p.m. The alcohol waiver requested can be approved by the City Manager. Estimated overtime for the event is $5,500. I have also attached a memorandum from Lt. Williams outlining other conditions and suggestions that should be required. The parade organizers and I concur with these conditions except item number 2. Only three (3) businesses can obtain a special permit allowing an outdoor extension of their alcohol license. Ms. Powers indicated to me by telephone that if this condition were imposed it would negatively impact her sponsorships to the point that she wouldn't be able to hold the parade. RECOMMENDATION I am recommending approval of the event request, the temporary use permit, and providing staff support as requested with the following conditions: 1. All overtime costs are to be paid by the event sponsor. 2. All conditions contained in Lt. Williams January 20, 2000 memo be met except paragraph two (2). 561/243-7000 Printed o~ Recycled Paper THE EFFORT ALWAYS MATTERS Agenda Item City Commission Meeting February 15, 2000 Page #2 Date: February 9, 2000 3. That the event sponsor provide the City with the required general liability insurance and hold harmless agreement. RAB/tas File'u'sweeney/agenda Doc'st patricks day parade 2000 SI. Patdclt'$ Day I barlly Fund Inc. Phone 561-278-4130 Bob Barcinski, Assitant City Manager City of Delray Beach 100 n.w. 1 st. Avenue Delray Beach, FI. 33444 RECEIVED f:E 9 000 CITy MANAGER P.O. Box 1432 Delray Beach FL 33447-1432 Februaxy 07, 2000 Dear Mr. Barcinski, As we have always done in the past we would like to apply for the drinking waiver for the 32nd. Annual St. Patrick's Day Charity Parade. The parade will be held Saturday Marchl 1, 2000 at 2:00 pm. in the afternoon The parade line up will begin on Venetian Drive and the parade will procede west on Atlantic Avenue to Swinton Avenue. We have twenty Delray and Boynton Beach Firemen who have volunteered thief time to marshall the parade They will keep the line of march moving in an orderly and controlled fashion. We would like to request assistance in preparing our Department of Transportation Permit, trash pick-up, and street closures. Recipients of the 1999 Charity Fund proceeds included Caring Kitchens, The Dick Webber Family Center, Delray Beach Food Pantry, and the Delray Beach Citizen's for Delray Police. Approximately $50,000 has been given to local charities from past St. Patrick's Day Charity Parades. As always we appreciate the City of Delray Beach and Police for thier assistance as it is very important to the success of this event and all other events in Dekay Beach. Sincerely, lb~ L~ U~LKAY DEATH rULIt~ DELRAY BEACH POLICE DEPARTMENT MEMORAND~ TO: FROM: DATE: SUBJECT: Mr Robert Barcinski A~ Jstan! City Managex Lie ltenant Geoff Williams Sp~ cial Operations Section Jan mry 20, 2000 ST. PATRICK'S DAY PARADE Below is a list of 1 he police depot's requests and suggestions for a safer St. Patrick's Day para&. 1. Parade marsh lb: · Organizes sh~.uld provide twenty marshals to monitor parade participants and enforce restrictions. Marshals shou~ 1 not be pernfitted to comume alcohol prior to or during the parade. ,, Marshals need o be informed of thc rules for the parade and trained in what to do ffthe rules are broken. They need to t e identifiable. Marshals should be clothed in a brightly colored T-shirt (day glow) with the atords "PARADE MARSHAL" printed on the front and baclc · Tlxey need to b ~ trained in how to line up the floats, marchers, etc., in the staging areas and how to get the~ n onto E. Atlantic Avenue in a timely rp~mner in order to keep the gaps to a · Two marshals ~wed to be assigned to assist the officers posted at E. Atlantic Ave. and the FECRR to help with clearing people from the tracks as trains approach. 2. Alcohol lieena extettsions: · The city should not grant any alcohol license extensions. 3. Floats: · Float operators need to be given a list of parade rules and held accountable fox their enforcement. · All parade parti,..ipants need to travel to the terminus located at the courthouse. * AbsoIutely no a cobol will be permitted on any float. It is a violation ofF. S. 316.1936 which states "It is un]awful and punishable...for any person to possess an open comainer of an alcoholic beven ge while operating a vehicle in thc state or while a passenger in or on a vehicle being o ~crated in the state." According to our legal advisor, Kathy Kozol, this ,fl~/~4/2000 ~B:25 ~B124~B2~2 DELR~¥ B~ACH P~LIOE P~E 03/03 2 prolubition do ~'s extend to trailers being drawn by any vehicle. This can be enforced by the officers we wi ! have downtown early. They can inspect each float/vehicle participating in the parade. The'e will probably have to be a clause in the float permits whereby thc operator~/own ~rs agree to permit full inspection by the Delray Beach Police Department. No items at ail should be permitted to be thrown ~om any float, vehicle or by any person participating ix thc parade. There is no problem with walking participants handing out items such as candy, hats, etc. Vc~dor~: No vendor she,uld be permitted to sell Silly String or s~rqar item, noisemakers known as Snaps or Popp ~rs or any other type of exploding or pyrotechnic device. Nor should they be permitted to se 1 any item that is the facs~Jle of any weapon. 5. Crowd Contr~ I: o We would like to utilize the French barricades to assist us with crowd control in the 200-300 blocks of E. At antic Ave. Should you have m y questions I can be reached at X-7885. GRW/grw cc: Captain Ma 'k Davis £1T¥ I)F DELRI:I¥ BEI:I£H DELRAY BEACH 400 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 - 561/243-7000 David T. Harden City Manager Aobert A. Barcinski ssistant City Manager 1993 TO: FROM: DATE: February 9, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING FEBRUARY 15, 2000 SPECIAL EVENT APPROVAL - 5TH ANNUAL DELRAY BEACH WINTER STREET CRAFT FESTIVAL ACTION City Commission is requested to endorse the 5th Annual Delray Beach Winter Street Craft Festival to be held on February 26th and 27th from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue, and to authorize staff support for security. BACKGROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police security for this event. Vendors, site clean up, barricades, and port-o-lets will be provided by the event sponsor. Estimated overtime costs for the event is $1,600. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, and approval of staff support for police security with the sponsor paying all overtime costs contingent on the receipt of the required liability insurance and hold harmless agreement. RAB/tas Ftle:u:sweeney/agenda Doc'020900 THE EFFORT ALWAYS MATTERS Se~t ~9: ~OWARD ALAN EVENTS; 9544723891; Jan-31-O0 13:05; Page 1/1 Mr. Rebc~t Ba~cinskJ Assistant City Manager City of ~lm~ I~ MW i ~ Ave. I)~ar Mr. Barcinski, Wc ~ ~g for ou/5~ Annual D¢lrdy Craft Festival to b~ lmld on 4~ Ave. from NE 1't St_ to SE Ia St. on both sid~ of Atlantic Ave. Plcaae be advised that thc following logistics for thc Dclray Craft Festival, Feb. 26-27, 2000 wall lac Street Closure: Barricades will bc provided by Bob's Bam~ad~s and our slaffwiil block offthc street at Police: Lynn Parker at thc Police Department has arranged for Police and Security flora 10:00am-5:00pm Saturday and Sunday and overnight Sat from 6pm-6am Porl-O-icts & D~: 3 regular and 1 handicap pon-oqct have been ordered through Waste Management of Palm Beach and will lac dropped offon Friday, Feb. 25, 2000 and wall be picked up on Monday, Feb.28. ZO00 with so.icing on Sunday, Feb.27,2000_ The 20 yd. Dumpstcr will also Ix: delivered Frida~ and picked up Monday. Tbese will be plax{x{ in the iibra~ parking lot approved by K~trcn Evattson Trash Receptacles: 20 trash rcccplaclcs will lac supplied and maintained by our prol~ssional clean up crew Pmfest, (Mitch). Thcy will ham/lc clean up of the trash throughout Ibc arca each day Vendor Parking: Located in the Northwest section and public lot between NE 4"' Ave. and railroad tracks. They will not be p~king behind Huber Drugs or Hands The I i~' Annual DOwntown Dclray Festival of thc Arta was a huge success and wc appreciate all your help. We look forward to makin~ the Oelmy Craft Fegtival an event that yourseff, city officials, and 'all Howard Alan Events, LTD. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGE~. ,_,j AGENDA ITEM ~/'/' - REGULAR MEETING OF FEBRUARY 15, 2000 LOCATION OF PLAYGROUND EQUIPMENT AT ORCHARD VIEW PARK FEBRUARY 11, 2000 At the January 18th regular meeting, the City Comrmssion was asked to provide direction concerning the proposed relocatton of playground equipment from School Board property (Orchard View Elementary School) to City property within Orchard View Park. Joe Weldon, Director of Parks and Recreatton, suggested the relocauon since the school admmastration wanted to place restrictions on the accesslbihty of the equipment to park users other than school children. To keep the playground accessible to all users, Mr. Weldon proposed a location that was roughly 100 yards from the current location. While generally supportive of the equipment being relocated, the Commission fek that perhaps an alternate site could be identified which would be somewhat closer to the school and a bit further away from the parking area. This has been done and staff is proposing an alternate location as shown on the attached site plan. The new locauon is approxanately 100 feet from the current location on school property and will be accessible to both the school and park patrons. Recommend Commission consideration. RefiAgmemol 1.Playground Equipment. Orchard View Park II AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: January 31, 2000 XX Regular Agenda__SpecialAgenda Workshop Agenda When: February 15, 2000 Description ofagendaitem: Request approval to relocate playground equipment Orchard View Park 100' from original location so that playground can be accessible to both school children and park users. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO X NO X Recommendation: Approval. at Department Head Signature: ~_ ~_-'~ .~__~ Determination of Consistency with ~fmprehensive Plan: \/ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda'~ Hold Until: Agenda Coordinator Review: Recewed: Action: Approved No (if applicable) ~'~ No Disapproved [ITY OF I)ELAI:IY BEI:IgH 100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Orchard View Park Playground Equipment DATE: February 1, 2000 As you are aware, at the January 18, 2000 City Commission meeting, staff was given direction to try and relocate the proposed playground equipment for Orchard View Park closer to the elementary school. The attached site plan shows the original location on school property and the proposed relocation to an area within the park that is approximately 100' from the original location. This will allow the playground to be accessible for both school children and park users. Please place this on the February 15, 2000 agenda for City Commission consideration. Joe W%,~don DirectOr of Parks and Recreation Attachments cc: Nilza Madden Agenda Coordinator JW:cp Ref:dhovpgeq PrindRPr THE EFFORT ALWAYS MATTERS t !il MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # f0" REGULAR MEETING OF FEBRUARY 15, 2000 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: FEBRUARY 15, 2000 The term for Todd M. Jackson, the representative of employee organizations, will expire on March 13, 2000. He was originally appointed to serve a full term in March 1996. He is eligible for reappointment and would like to be considered. Attendance records are attached. Pursuant to Section 35.032 (A) (a) of the City's code states that a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as representative of employees or employee organizations. Also, the Code states, "Neither the Chairperson nor any member shall be employed by, or hold any commission with, any governmental unit in the state or any employee organization while serving in that office." The term is for four (4) years, ending March 13, 2004. The appointee need not be a resident of the City of Delray Beach. The following have submitted applications and would like to be considered for appointment. Edward C. Desmond Todd M. Jackson (incumbent) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Schmidt (Seat/ti). Recommend appointment of a member to the Public Employees Relations Commission (representative of employees or employee organizations) to a four (4) year term ending March 13, 2004. Board commission memo perc 2 15 00 CITY OF DELRAY BEACH BOARD MEMBER APPLICATIOH type or pr~n~ the t'ollowL~ iMormatioa: 3. Leg~ Res~ence __ ~ ' 6. '~ Board(s) ~e you interested in se~ing? ~/9 - / < r ,', ?, Li~ all Ci~ Bo~ds on ~'h~ch you are eu~ently se~ing or have previously ~rwed' ~lea~nclude 9. Lisl ~y ~lat~ profe~ional ~nifications ~nd i~'ce~s ~hich you hold: " hereby ce~l~ that all ~e ~'ove St)t~me~ti are true, end I agree and unde~tand that any -- ~/sstate~en: of ~ateria/ fa~s cen:alned ~n ~hi~ a~Mi~t/on mar ca~se fo~eiture of ~po~e~ I~ve. t&maan on in the City Clerk's O~=fic~ for a l~riocl of 2 y~s ~Om the da~e 'i~ ~s $ubmi~e~ I~ ~11 ~ ~e applier's rcspo~ibili~ to ensue ~ a c~cm application is on file. RECEIVED JUN 0 8 1999 CITY CLERK EDWARD C. DESMOND $g?$ Grande P~lrn Circle Delray Be, ac.k, Florida 33484 Office (561) 447,9951 Home (561) 496..3596 989 - Present 1987-1989 1983- 1987 1977-1983 1972- 1977 1965-1972 1964- 1965 DeCarlo & Doll, Inc. Companies Corporate Tables l~lus, lac. Vice Pre,idem. Sch~:~! Division Fi~t ~tman {gl~t~ Office) To~ of W~to~ CT Small Bus~s ~ner Weapon, CT Dir~tor of Management Se~cm W~on ~blic Schools, W~on, CT Compt~ller Weapon Schools, Weapon, CT T~cher of Graduate Cousin ~ N~tiations F~eid U~versi~, F~eld, CT T~cher of Graduate Cou~ in ~nnnce U~versity ofBfidg~on, Bfidg~on, CT Assb~nt to Su~fintendent for Bus~s~ance D~b~ ~bfic S~hools, D~bu~, CT T~eh~ S~th S~h~l, New ~ CT 1960-196n 1959-1960 1957-1959 1955-1957 1954-1955 Owner-Rea] F. state/Comtruc.tion Business Plymouth. ~ I)ark Commissioner Ptyu~uth. NH (Elected Or, ce) l~recinct Commissioner Plymouth. NH (Elected Office) ddterunte I~epresentatJve from ftymouth, NH to House of Representatives Princ~al of K-8 Laboratory School, and Dimetor of Student Teaching Plymouth S~te College, Ptymou~, NH Supervising Teacher Plymouth State College, Plymouth, l~rincipal Conway £1ementa~ School, Conway, Nil Teaching Principal Pine Tree School, Center Conway, Nil 1970- 1972 1966- 1968 1956- 1958 1950-1954 National Association of School £xecu6ves University of Bridgeport, C.A G.S. BosYon University, M.Ed. Plymouth State Collese - BS BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name:: Name Middle Initial Jackson Todd 2. Home Address: City State Zip Code 234 S. Seacrest Circle Delray Beach FL 33444 3. Legal Residence City State Zip Code Same 4. Principal Business Address: City State Zip Code 5. Holne Ph'one: ( 561 ) 272-8050 Business Phone: (/Y/R ) " 6. What Board'(s) are"you~nterested in serving? PERC 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) PERC * March 1996 to current 8. Educational qualifications: Two years Fire Science at Palm Beach Community College 18 years on Fire Dept. 9. L~st any related professional certifications and licenses which you hold: Fireftghter certification & E.M.S. certification 10. Give your present, or most recent employer, and position: Retired from City of Delray Beach Fire Dept. as Firefighter Driver Engineer, Capt. & Chief 11. Describe experiences, skills or knowledge which q,_tali~y you to se~e on this board: (Please attach a brief resume) A charter member of Local 18/,2 Firefighters Union, Delray Beach. ! hereby ce~i~ mar all the above star, ments are true, and I affree'and understand that any misstatement of material facts contained in this ap_plication may cause forfeiture upon my part of any appointment l_.~ma¥ receive. RECEIVI:D SIGNATURE / / DATE CITY CLERK Note: " This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~C ITYCLI~K~,BOA.RD~I~LICATION 0 < © MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'/4 AGENDA ITEM /D r4 '. REGULAR MEETING OF FEBRUARY 15, 2000 ORDINANCE NO. 3-00 (REZONING FOUR PROPERTIES AT THE SOUTHWEST CORNER OF PALM TRAIL AND McKEE LANE DATE: FEBRUARY 9, 2000 This is second reading and a quasi-judicial public hearing for Ordinance No. 3-00 which rezones four individual lots located m the area of McKee Lane and Palm Trail (Lot 18, Sophm Frey Addition, and Lots 6, 7 & 19, First Addiuon to Kenmon0. All four properties were developed while under Palm Beach County lunsdiction. The County zoning designation was RH (High Density Multiple Family Residential). The properties were annexed into the City m 1988 as part of Enclave #24 and were given a zoning classification of R-1-A (Single Family Resldenual). The owner of the property at 904 Palm Trail recently approached the City about rezoning to a multi-family designation based on the fact that his property was built as a duplex in 1958 and has been continuously used as such. The property is now for sale and prospecUve purchasers have raised concerns over its nonconforming status. City and County records clearly indicate that Lots 6 and 18 were legally constructed duplexes at the time of annexaUon into the City. Lot 19 was a single family home. The status of Lot 7 is uncertain. All of the structures look like single family homes from the exterior. The City processed 65 enclave annexations over approximately a 1-1/2 year span. Enclave 24 alone included the majority of properties located between North Federal Highway and the Intracoastal Waterway, from just south of McKee Lane to the Swap Shop. It is likely that msual inspection formed the basis for determimng the appropriate zoning designation for the subject properues, as the R-1-A zoning line logs around to include these properties. If thezr status as duplexes had been verified, it would have made more sense to have Palm Trail be the boundary between the R-1-A and RM zoning districts. On October 11, 1999, the Planning and Zoning Board initiated a rezoning for the four properties. The proposed rezonmg was formally reviewed by the Board at a public hearing on January 24, 2000. Public testimony was largely m support of the rezoning. The Board voted unanimously to recommend approval of the rezonmg. At first reading on February 1st, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 3-00 on second and final reading, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, pohcxes of the Comprehensive Plan, and LDR Section 2.4.502))(5). RefiAgmemo21 Ord.3-00.Rezonmg. SW Comer Palm Trad & McKee Lane ORDINANCE NO. 3-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) DISTRICT; SAID LAND BEING FOUR PROPERTIES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALM TRAIL AND McKEE LANE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of January 24, 2000, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of RM (Multiple Family Residential-Medium Density) District for the following described property: Lot 18 and the East 8 feet of the abandoned alley lying westerly thereof and adjacent thereto in Block 5, SOPHIA FREY ADDITION, recorded in Plat Book 4, Page 37 of the Public Records of Palm Beach County, Florida (820 Palm Trail); and Lot 6, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (904 Palm Trail); and Lot 7, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (906 Palm Trail); and Lot 19, FIRST ADDITION TO KENMONT, as recorded in Plat Book 22, Page 24 of the Public Records of Palm Beach County, Florida (910 McKee Lane). The subject property is generally located at the southwest corner of Palm Trail and McKee Lane, and contains 0.763 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2000. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 3-00 LAKE AVENUE N. N E 14TH ST LAKE AVENUE S DENERY BOND WAY GEORGE ST. VlNCENT'S CHURCH WEDGE- WOOD CF WA TERWA ¥ NORTH CONDO INLET S ';OVE COND(. GEORGE THE RMLANDINGS CONDO D M. SA. TRACT DRIVE CITY OF DELRAY BEACH. FL PLANNING ~ ZONING DEPARTMENT - REZONING - FROM: R-1-A (Single Family Residential) TO: RM (Multiple Family Residential-Medium Density) -- D/G/iR/ ~45E ~ $~TEI~ --- MAP REF: LM418 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 24, 2000 IV.D. Rezoning from R-1-A (Single Family Residential) to RM (Multiple Family Residential-Medium Density) for Four Properties Located at the Southwest Corner of Palm Trial and Mckee Lane. l~///' '~. ...... .'~,,~ ' ' w';'~'' " ~ ~ ...... ~ ' ' ~ ~ ~ ~ INLET ST ~NCENT'S GENE~L DATA: Owner ............................ Various Agent/Applicant ..............City of Delray Beach Location ......................... Four Properties at the southwest corner of Palm Trail and Mckee Lane Property Size ................. 0.763 +/-Acre Future Land Use Map .... Medium Density (5-12 units/acre) & Transitional Current Zoning ...............R-1-A (Single Family Residential) Proposed Zoning ............ RM (Multiple Family Residential-Medium Density) Adjacent Zoning...North: RM East: RM & R-1-A South: POD (Professional Office District) West: POD & RM Existing Land Use .......... Two duplexes (legal non-conforming uses), one single family home, one single family home possibly converted into a duplex Proposed Land Use ....... Rezoning of the four properties to a more appropriate zoning designation. Water Service ................n/a Sewer Service ................n/a IV.D. The item before the Board is that of making a recommendation on a City initiated rezoning from R-I-A (Single Family Residential) to RM (Medium Density Residential District) The subject properties are located at the southwest corner of McKee Lane and Palm Trail. The subject properties involve four individual lots located in the area of McKee Lane and Palm Trail: Lot 18, Sophia Frey Addition, and Lots 6, 7, and 19, First Addition to Kenmont. All four properties were developed while under the jurisdiction of Palm Beach County. The County zoning designation was RH (High Density Multiple Family Residential). The properties were annexed into the City in 1988 as part of Enclave #24 and were given a zoning classification of R-I-A (Single Family Residential). Recently the owner of one of the properties (904 Palm Trail) approached the City about rezoning to a multi-family designation, based upon the fact that his property was built as a duplex in 1958 and has been continuously operated as such. The property is now for sale, and prospective purchasers have raised concerns over its nonconforming status. The following information is based primarily on available City records. Lot 18, Sophia Frey Addition (820 Palm Trail) was constructed in 1960 as a two- story duplex. The property tax records list it as a multi-family structure. The lot size is 6,614 sq. ft. A visual inspection of the site indicates two separate dwelling units, with a staircase to the second story unit at the rear of the building. Lot 6, First Addition to Kenmont (904 Palm Trail) was constructed in 1958 as a duplex with two one-bedroom units. Property tax records list it as multi-family. The lot size is 10,316 sq. ft. A visual inspection of the site indicates two separate dwelling units with two front entries, and two electric meters at the rear. Lot 7, First Addition to Kenmont (906 Palm Trail) was constructed in 1977. The lot size is 10,620 sq. ft. It ~s not clear if it was constructed as a single family home or duplex. It has two entrances, and two driveways, one off of Palm Trail and one off of McKee Lane. Property tax records list it as a single family home. Lot 19, First Addition to Kenmont (910 McKee Lane) was constructed in 1958 as a single family home, and is listed as such in the property records. The lot size is 7,493 sq. ft. City and County records indicate that Lots 6 and 18 were clearly duplexes at the time of annexation into the City, and Lot 19 was a single family home. The status of Lot 7 is uncertain. All of the structures look like single family homes from the exterior. The City processed 65 enclave annexations over approximately a 1-~ year span. Enclave 24 alone included the majority of properties located between N. Federal Highway and the P & Z Staff Report Palm Trail and McKee Lane C~ty Imbated Rezomng from R-1-A to RM Page 2 Intracoastal Waterway, from just south of McKee Lane to the Swap Shop. It is likely that visual inspections formed the basis for determining the appropriate zoning designations for the subject properties, as the R-I-A zoning line jogs around to include these properties. If their status as duplexes had been verified, it would have made more sense to have Palm Trail be the boundary between the R-1-A and RM zoning districts. On October 11, 1999 at the Planning and Zoning Board Workshop Meeting the Board initiated a rezoning for the four subject properties. The recommendation was to rezone the properties from R-1-A to RM, which would be consistent with the zoning of the majority of the residential property in the area and also makes the properties more conforming. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1(Required Findings For Land Use and Land Development Applications), 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM (Future Land Use Map) designations for the subject properties are TRN (Transitional) and MD (Medium Density Residential). The property is currently zoned R- 1-A. The proposed RM zoning will be consistent with the TRN and MD FLUM designations. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan 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 order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposed rezoning is corrective, and no new development or redevelopment is proposed with this request. Based upon the above, the rezoning will not impact facilities as they pertain to water and sewer, drainage, traffic, parks or recreation, or solid waste. P & Z Staff Report Palm Trail and McKee Lane City Imtiated Rezoning from R-1-A to RM Page 3 Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezoning Actions): Standards A-C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is surrounded by the following zoning and land uses: to the north and west by RM zoning (Single Family and Multiple Family); to the east by RM and R-l- A zoning (single-family and Multiple Family); to the south by POD zoning (Professional Office Building). The rezoning is corrective, and will result in the application of an appropriate zoning classification, which is consistent with the zoning designation of the adjacent properties and associated uses. No new development is proposed with the rezoning or as a result of the rezoning. Based upon the above, positive findings can be made with respect to the applicable performance standards. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which makes the current zoning inappropriate; 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 reason for the rezoning is "a". Upon annexation the zoning designation was likely established in error, in that the existing predominant uses in the area were multiple family and two of the four properties were being operated as such. This corrective rezoning will result in the assigning of a more appropriate classification for the existing uses as well as consistency with respect to zoning designation for the entire area, and the underlying TRN and MD FLUM designations. P & Z Staff Report Palm Trad and McKee Lane City Inibated Rezon~ng from R-1-A to RM Page 4 Compliance with Land Development Re~lulations: Whenever an item is identified elsewhere in these Land Development Regulations (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 in special regulation portions of individual zoning district regulations. The existing R-1-A and the proposed RM zoning districts are both residential districts, however the RM zoning district allows multi-family residential and single family residential where the R-I-A zoning district does not allow multi-family residential. However, the development standards for each zoning district are different with the RM district requiring a larger lot, setbacks, frontage and minimum building area. Additionally, the provisions for the R-I-A zoning district applies for single family detached dwellings under the RM zoning district regulation. These standards are shown in the following table: Table 1: Development Standards Matrix Minimum Lot Lot Lot Minimum SETBACKS Height Lot Size Width Depth Frontage Floor (Feet) (ft.) Zoning (sq. ft.) I/C (ft.) I/C Area Front Side Side Rear* District (ft.) (ft.) (sq. ft.) Street Interior 1&213 1&213 1&2/3 R-1-A 7,500 60/80 100 60/80 1,000 25 15 7.5 10 35 RM 8,000 60 100 60 (1) 25/30 25/30 15/30 25/15 35 I/C = Inter,or Lot/Corner Lot 1&2/3 = 1&2 Story Structure/3 Story Structure * = Rear setback for Multi-family and Duplex (1) = Minimum Floor Area for Duplexes and Muttifamdy Dwelhng Units: Duplexes 1,000 sq. ft Efficiency 400 sq. ft. One Bedroom 600 sq. ft. Two Bedroom 900 sq. ft. Three Bedroom 1,250 sq. ft. Four Bedroom 1,500 sq. ft. The duplexes on Lots 6 and 18 are considered lawfully nonconforming, and may continue as such under the present single family zoning indefinitely. Given the sizes of the lots and the minimum requirements of the RM zoning district, the development potential of the properties under the current R-I-A zoning and the RM zoning is as follows: R-1-A RL or RM 820 Palm Trail (Lot 18) Single Family Single Family 904 Palm Trail (Lot 6) Single Family Duplex 906 Palm Trail (Lot 7) Single Family Duplex 910 McKee Lane (Lot 19) Single Family Single Family P & Z Staff Report Palm Trad and McKee Lane C~ty Imtiated Rezoning from R-1-A to RM Page 5 The RM zoning district allows 6-12 units per acre. The development potential of the properties is currently limited by the sizes of the individual lots. The RM district requires a minimum of 8,000 square feet for a duplex. Neither 820 Palm Trail nor 910 McKee Lane meet that minimum. Even if a zoning change is approved, 820 Palm Trail would be nonconforming in terms of minimum lot size. If the properties are rezoned, the greatest potential for intensification is in combining one or more of them for redevelopment. No additional improvements are proposed with this request. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: · Palm Trail Homeowners Association · La Hacienda Homeowners Association · North Palm Trail Homeowners Association · PROD (Progressive Residents of Delray) Letters of objection or support, if any, will be presented at the P & Z Board meeting. A $ S E:S~$,M E,N~ The rezoning of the subject properties is corrective and will result in consistent zoning identification of the overall area and the associated land uses. The proposed RM zoning designation is consistent with the existing Medium Density Residential and Transitional Future Land Use Map designations. The use on the property has existed at this site for many years and will not be affected by the zoning change. The proposal is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings) and no new development or redevelopment is anticipated with this request. A. Continue with direction. Recommend approval of the rezoning request from R-I-A (Single Family Residential) to RM (Medium Density Residential) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Co Recommend denial of the rezon~ng request from R-1-A (Single Family Residential) to RM (Medium Density Residential) based upon a failure to make positive findings w~th respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). P & Z Staff Report Palm Trad and McKee Lane C~ty Initiated Rezonmg from R-I-A to RM Page 6 Recommend to the City Commission approval of the rezoning of the property from R-l- A (Single Family Residential) to RM (Medium Density Residential) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments · Location Map/Existing Zomng Map · Photographs \\misrv001\departments\plannlng & zoning\boards\p&z board\mckeerez doc 820 Palm Trail 12-43-46-09-16-005-0180 SOPHIA FREY ADDITION 820 Palm Trail 12-43-46-09-16-005-0180 SOPHIA FREYADDITION 904 Palm Trail 12-43-46-09-09-000-0060 FIRST ADD TO KENMONT 904 Palm Trail 12-43-46-09-09-000-0060 906 Palm Trail 12-43-46-09-09-000-0070 FIRST ADD TO KENMONT 906 Palm Trail 12-43-46-09-09-000-0070 FIRST ADD TO KENMONT 910 McKee Lane 12-43-46-09-09-000-0190 FIRSTADD TO KENMONT Friday, February 4, 2000 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER t~/A/~ l DIANE DOMINGUEZ, DIRECTOR OF PEANNING AN JEFFREY A. COSTELLO, PRINCIPAL PLANNE~/ MEETING OF FEBRUARY 15, 2000 CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.24(B) AND (H) TO ALLOW CATERING SERVICES IN THE OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) ZONING DISTRICT "Yum! Catering, Inc." wishes to locate at 130 SE Ist Avenue, which is zoned OSSHAD, via conversion of the existing nonconforming duplex to a catering business. At its meeting of December 13, 1999, the Planning and Zoning Board heard the request for a determination of similarity of use to allow the catering service ~n the OSSHAD zoning district. The request was to determine that a catering service was similar to restaurants, which are permitted in the OSSHAD zone district. The Board had concerns, which related to the large size of some catering operations as well as truck traffic and vehicle storage. Based upon these concerns the Board determined that the use should be specifically listed as a conditional use in the OSSHAD. The request is to allow catering service as a permitted use rather than a conditional use. However, staff is recommending floor area limitations and restrictions on vehicle storage. These restrictions would eliminate the need to have the use listed as a conditional use. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 24, 2000. There was no public testimony regarding the request. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission that LDR Sections 4.4.24(B) and (H) of the OSSHAD zoning district be amended to allow catering services. By motion, approve on first reading a text amendment to LDR Sections 4.4.24(B) and (H) to allow catering services as a permitted use in the OSSHAD zoning district. Attachments: P&Z Staff Report and Documentation of October 18, 1999 Ordinance by Others ORDINANCE NO. $-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DF~.!.RAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEV~.I.OPMENT REGULATIONS OF THE CITY OF D~!.RAY BEACH, BY AMENDING SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES", BY ADDING 'CATERING SERVICES' AS A PERMITI~D USE; AMENDING SUBSECTION 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", TO PROVIDE FOR FLOOR AREA LIMITATIONS AND RESTRICTIONS ON VEHICLE STORAGE IN CONJUNCTION WITH CATERING SERVICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEaKLER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plsmning and Zoning Board reviewed the proposed text amendment at a public hearing held on January 24, 2000, and voted unanimously to recommend that it be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Platming and Zoning Board, sitting as the Local Planning Agency, has detemained that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(I3), ''Principal Uses and Structures", of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Residential uses of single family detached dwellin~ and duplexes. (2) Business, Professional and Governmental Offices. (3) Retail sales through speciulty shops (single purpose businesses) such as bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycles shops. Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (5) Educational and/or instructional activities, including training, vocational or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (6) Restaurants of a sit-down nature such as a cafe, snack shop, full service dining, but excluding any clnve-in and/or drive-through facilities or features. (7) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (8) Bed and Breakfast Inns. (9) Catering services not associated with a restaurant, subject to the special red, relations of Section 4.4.24(H). {9-) (10) Within the following described areas, the uses allowed as permitted uses in Section 4.4. I3(13) pursuant to the base district and special provisions of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1-4, Block 61 (c) Lots 1-7 and 19-24, Block 69 (d) Lots 7-8, Block 75 (e) Lots 1-6, Block 76 Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(H), "Special District Regulations", of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (H) Special District Regajl~tions: (1) Residential units within a structure containing permitted non-residential use(s) shall not use more than 50% of the gross floor area of the structure within which they are located. - 2 - Ord. No. 5-00 Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownership. The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel is non-residential. (3) Residential-type inns shall create a t~ansitional or buffer area between residential uses and non-residential uses (such as office, commercial, etc.) which are either on or near the subject property. (4) A residential-type inn shall be associated with an historic structure and must be residential in design, scale and character. Catering Services cannot exceed 2,000 sq.ft, of total floor area and shall not have overnight storage of more than two vehicles, which shall not exceedl-1/2 ton capacity. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the vahdity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same axe hereby repealed. Section 5. That this ordinance shall become effective mediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ., 2000. ATTEST: MAYOR City Clerk First Reading Second Reading - 3 - Ord. No. 5-00 MEETING DATE: JANUARY 24, 2000 AGENDA ITEM: IV.I. - AMENDMENT TO LDR SECTION 4.4.24(B) TO ALLOW CATERING SERVICE AS A PERMITTED USE IN THE OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR .amendment to Section 4.4.24(B) Old School Square Historic Arts district (OSSHAD) zoning district, Principal Uses and Structures Allowed, to add 'caterfng service" as a permitted use, and Section 4.4.24(H)(Special District Re,qulations) regarding catering services, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. "Yum! Catering, inc." wishes to locate at 130 SE 1st Avenue via conversion of the existing nonconforming duplex to a catering business. In the future they wish to include a full service restaurant with indoor and outdoor seating. The property is located in the OSSHAD (Old School Square Histodc Arts District), however a catering business/service, is not specifically listed as an allowable use in the OSSHAD zone district. As the use is not specifically listed, the applicant requested a determination of similarity of use pursuant to LDR Section 4.3.2(C). At its meeting of December 13, 1999, the Planning and Zoning Board heard the request for a determination of similarity of use to allow the catering service in the OSSHAD zoning district. The request was to determine that a catering service was similar to restaurants, which are permitted in the OSSHAD zone district. The Board had concerns, which related to the large size of some catering operations as well as truck traffic and vehicle storage. Based upon these concerns the Board determined that the use should be specifically listed as a conditional use in the OSSHAD. i The request is to allow catering service as a permitted use rather than a conditional use. However, staff is recommending floor area limitations and restrictions on vehicle storage. These restrictions would eliminate the need to have the use listed as a conditional use. Planning and Zoning Board Staff Report LDR Amendment to Allow Catering Service in the OSSHAD Zoning District Page 2 LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Caterers are specifically listed as a permitted use in the GC (General Commercial), PC (Planned Commercial), CBD (Central Business District), CBD-RC (Central Business District-Railroad Corridor) zoning districts. In the LI (Light Industrial) zoning district, ~food preparation and/or processing including bakerfes and catering operations" are allowed as a conditional use. Occupational licenses have been issued to allow catering as a home occupation/business office only, with no on-site food preparation. A comparison of regulations of other municipalities was conducted as follows: Boca Raton: · Catering businesses are allowed in any district and are considered similar to bakeries. · Home operation is acceptable assuming that no customers come to the home and any catering van is hidden from view (garage). · A Residential Office situation allows catering businesses as offices, however, no food preparation is allowed. Boynton Beach: · There are no size restrictions to catering businesses. · Catering is not allowed as an "out of home" business. · Vendors or catering trailers are not allowed in the City. West Palm Beach: · Allowed by fight in Airport Commercial, Neighborhood Commercial, General Commercial, and Industrial Zoning Districts. · Catering is not allowed as an "out of home" business. · Vendors are considered as Mobile Vending and are permissible as long as they have the permission of the owner of the property where they are operating. Many catering operations are similar to restaurant uses with respect to the commercial kitchen, and are often an accessory use to a restaurant. However, the concems regarding a catering operation in the OSSHAD relates to the potential for vehicle storage associated with the use and the size of the operation. There have also been concerns raised regarding vendor vehicles. In order to alleviate concerns regarding the intensity of the use it is recommended that the size of the operation be limited to a maximum of 2,000 sq.ff. This figure was dedved based upon the floor areas of the existing structures in the district, which typically range Planning and Zoning Board Staff Report LDR Amendment to Allow Catering Service in the OSSHAD Zoning District Page 3 in size between 1,000 and 2,000 sq.ft. This would allow adaptive re-use of an existing structure in the historic district. Any operation larger than 2,000 sq.ft, should be located in a more intense commercial or light industrial district. Restrictions on a truck or commercial vehicle parking are primarily limited to the residential zoning districts. Truck parking is limited to % ton rated capacity in most of the residential zoning districts, except in the R-1-A where a truck cannot exceed a 1% ton rated capacity. Also, there is a limitation of two trucks per lot. Storage of vehicles and equipment was the primary reason why contractor's offices are not listed as a permitted use in the OSSHAD district. However, contractor's business/administrative offices, excluding storage are allowed. Given the nature of the catering business it may be appropriate to state that there be no overnight storage of vehicles. - -- COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. Historic Preservation Board At its meeting of January 19, 2000, the HPB reviewed and recommended approval (5-2) of the text amendment. The Board members who voted against the amendment felt that the maximum floor area should be 2,500 sq.fL to accommodate storage. Community Redevelopment A~lency At its meeting of January 13, 2000, the CRA reviewed and recommended approval of the text amendment. Downtown Development Authority At its meeting of January 19, 2000, the DDA reviewed and recommended approval of the text amendment. Courtesy Notices: A special courtesy notice was provided to the Old School Square Historic district homeowner's association. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report LDR Amendment to Allow Catering Service in the OSSHAD Zoning District Page 4 By motion, recommend to the City Commission that LDR Section 4.4.24(B) (Principal Uses and Structures Allowed) be amended to include "catering service" as a permitted use; and, Section 4.4.24(H)(Special District Regulations) regarding catering services, a based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Attachment: · Proposed Amendment s:~planning & zoning\boards~p&z board\ldrcateringosshad.doc (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the OSSHAD as a permitted use: (9) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). ~ (10) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16~.Block 60 (b) Lots 1-4, Block 61 (c) Lots 1-7 and 19-24, Block 69 (d) Lots 7-8, Block 75 (e) Lots 1-6, Block 76 (H) Special District Re~lulafions: (5) Catering Services cannot exceed 2,000 sq.ft, of total floor area and shall not have overnight storage of more than two vehicles, which shall not exceed 1% ton capacity. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~T'~// AGENDA ITEM /0 '~_a - REGULAR MEETING OF FEBRUARY 15, 2000 DATE: ORDINANCE NO. 2-00 (DEFINITION OF "DIRECTOR" IN CHAPTER 56, "STORMWATER") FEBRUARY 9, 2000 This is second reading and a public hearing for Ordinance No. 2-00 which amends Chapter 56, "Stormwater", Section 56.04, "Defuntions", by deleting the defimtion of "Drrector" and "Department". The authority for the City's stormwater administration has been transferred from Public Works to the Environmental Senrtces Department and these definitions need to be amended to reflect this change of responsibility. Further, Section 56.17, "Adjustment of Stormwater Management Assessments", reqmres that the public have knowledge of who the "Director" is for the purpose of making a request for an adjustment. Accordingly, a definition of "Director" has been added for flus sectton only to advise the public where such requests should be chrected. The term "Director" shall mean the D~rector of Enmronmental Services or hts designee. At first reading on February 1 st, the City Comrmss~on passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 2-00 on second and final reading. RefiAgmemo21 Ord.2-00 Ch.56.Stormwater ORDINANCE NO. 2-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF D~.I.R_&Y BEACH, FLORII)A, AMENDING CHAPTER 56, "STOll_MWATER", SECTION 56.04, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF D]~.IRAY BEACH, BY REMOVING THE DEFINITION OF ''DIRECTOR" AND BY REMOVING THE DEFINITION OF ''DEPARTMENT"; AMENDING SECTION 56.17, "ADJUSTMENT OF STOP, A4~ATEP, MANAGEMENT ASS. ESSMENTS", BY ADDING THE DEFINITION OF THE TER/vl "DIKECTOR'; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 'ffdI-IE~S, the authority for the City's stormwater administration has been transferred from the Public Works Depaxux~ent to the Environmental Services Depaiu, ent; and W~IEREAS, the definitions under the "Stormwater" chapter must be amended to reflect this change of responsibility; and WHEREAS, the City Commission has determined that such transfer of duties and corresponding amendment is m the pubhc interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF.!.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide V, "Public Works", Chapter 56, "Stormwater", Section 56.04, ''Definitions", of the Code of Ordinances of the City of Delray Beach is hereby amended by deleting the following: Section 2. That Tide V, "Public Works", Chapter 56, "Stormwater", Section 56.17, "Adjustment of Stormwater Mun~gement Assessments", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Director. For tmmoses of this Section. the term ''Director" shull mean the Director of Environmental Services or his des'_kLnlCe. (-~ (B) Owner-initiated adjustments. Requests for adjustment of the stomawater management assessment shall be submitted to the Director, who shall have authority to adiust stotmwater management assessments, to administer the procedures and standaxds, and to review criteria for the adjustment of such assessments as established herein. In the review of adjustment requests, consideration shall be given to properties with valid surface water management permits indicating the provision of functional retention facilities. The following procedures shall apply to all requests for adjustments of the stomawater management assessment permitted under this chapter. (1) Any owner who believes the stormwater management assessment is incorrect may, subiect to the limitations set forth in this section, submit an adiustment request to the Director. (2) The adiustment request shall be in writing and shall set forth, in detail, the grounds upon which the correction is sought. 0) The adjustment request must be made within sixty (60) days after receipt by the owner of his or her tax bill containing the stormwater management assessment. The adjustment request will be reviewed by the Director within a four (4) month period from the date of filing of the adjustment request. Consideration by the Director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the stormwater management assessment. In the event an adjustment is granted by the Director which decreases the stormwater management assessment, the owner shall be entitled to a refund of the excess stormwater management assessments paid. The refund shall be mailed by the Palm Beach County Tax Collector (the "Tax Collector") unless the Tax Collector and the City agree otherwise. The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the Director including, but not limited to, survey data certified by a professional land surveyor and/or engineering reports approved by a professional engineer and acceptable to the Director. Failure to provide such information may result m the denial of the adjustment request~ The adjustment to the stotrnwater management assessment will be made upon the granting of the adjustment request, in writing, by the Director. The document granting the adjustment request will be provided to the owner and will also be sent to the Tax Collector. A denial of an adjustment request shall be made in writing by the Director, a copy of which shall be provided to the owner. - 2 - Ord. No. 2-00 (6) All non-resident/al properties located within the Lake Worth Drainage District with private drainage systems on site shall not be eligible for an adjustment based on on-site retention of stormwater. All other non- residential propen/es with private drainage systems on-site shall be eligible for an adjustment based on on-site retention of stormwater. ~ f(72 Appeals. All detemfinations of the Director pursuant to this section may be appealed to the Board of Appeals. These appeals must be filed w/thin thirty 00) days of receipt of the written determination of the Director. The Board of Appeals shall complete a rex4ew w/thin sixty (60) days of receipt of the request for rexfew and shall be evaluated based upon the standards and review criteria set forth in this chapter. The decision of the Board of Appeals shall be final. The Board of Appeals shall be comprised of the City Manager, the City Engineer, and the Planning and Zoning Director, or their designees. {-C----) (D) City-initiated adjustments. Any errors in the stormwater management assessment, or failure to charge a stormwater management assessment, may be corrected by the Director within sixty (60) days after opening of the tax roll for collection. Corrections which result in an increase in the stormwater management assessment cannot be imposed until the owner has consented in writing to the increase or has been given at least ten (10) days' notice by certified mail and an oppommity to be heard. Once the adiustment is fin~li~ed, the Director shall send documentation reflecting the adiustment to the owner and to the Tax Collector. ~ .CE) Inspections. The City may require an annual inspection of on-site retention/detention facilities on parcels to which an adjustment to the stormwater management assessment has been granted. The owner benefiting from such adjustment shall be required to pay to the City an annual inspection fee in an amount determined by the Director. For the purpose of protecting the health, safety and welfare of the dtizens of the City, the Director may cause an inspection of an), property w/thin the benefited area. Such inspection shall be made upon reasonable notice to the owner or occupant of the property unless an emergency exists, as determined solely by the Director. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~;ection 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 3 - Ord. No. 2-00 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. the PASSED AND ADOPTED in regnhr session on second and final reading on this day of ,2000. ATTEST: MAYOR City Clerk First Reading Second Reading - 4 - Ord. No. 2-00 ;~ Friday, February 4, 2000 Beech, I~xiM, a wl~ lY~e tAe (~ C~mntss~ MIl co~si~ ~ M~Jon ~ p~ or~afl~ ~y ~ 8~ ~ ~ 5~ pm, Mon~ ~ ~ ~E C~ ~ ~L~ ~, ~ ~NG ~- ~ ~, ~A~R", S~ON ~, "~INmON~", ~ ~E CODE ~ ~DI~S OF ~E C~ ~Y ~. BY ~ T~ ~NI~ON ~ "DIe.OR" ~D BY REMOVI~ T~ DEFINITION ~PAR~', A~NDING ~ ~OR~ ~GEME~ ~INff~N ~ ~E ~RM "DIREC- TOR", ~OViDING k SAVING ~USE, A GENE~L RE~ER ~. ~D ~ ~ DA~ ~1~ ~ ~E C~ OF ~Y ~CH, ~ORI~ ~ONI~ ~D ~1~ ~ ~Y ~ ~-I-A (SI~ F~LY ~SIDEN- ~) ~ IN ~ ~ ~MULTI- ~1~ DI~I~, ~D ~ ~R ~O~S ~- LY L~ AT ~ ~T ~R ~ P~M ~IL ~D ~ "~1~ M~ ~ DELRAY ~H, ~ 1~", ~DI~ ~ 4~