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Agenda Reg 03-21-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING MARCH 21, 2000 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS DELRAY BEACH All-Ame~caC~ 1993 The City will furnish auxiliary aids and services to afford an individual 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 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 comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion 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 Commission, 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 purpose 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 individuals. 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 continue 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. Roll Call. Invocation· Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Regular Meeting of March 7, 2000 Special Meeting of March 15, 2000 Proclamations: A. Recognizing and commending the 2000 Senior Games Multiple Medal Winners for their athletic achievements Building Safety Week - April 2 through 8, 2000 Presentations: A. Delray Citizens for Delray Police (Perry DonFrancisco) recognizing the residents of the Del-Air, community for their annual golf tournament to benefit the Police and Fire Departments B. Sister Cities Presentation - Moshi, Tanzania (Kjell Bergh) Co RESOLUTION NO. 23-00: A resolution recognizing and commending Commissioner David Randolph for his many years of dedicated service to the City of Delray Beach. RESOLUTION NO. 24-00: A resolution recognizing and commending Mayor Jay Alperin for his many years of dedicated service to the City of Delray Beach. Consent Agenda: City Manager recommends approval. Ao RESOLUTION NO. 21-00: A resolution vacating and abandoning an east/west alley right-of-way lying within Block 108, Town of Delray, in conjunction with the proposed Town Square mixed use development, based upon positive findings. Regular Commission Meeting March 21, 2000 FINAL PLAT APPROVAL/LAMBERT TRAILER COURT / MODEL LAND COMPANY REPLAT NO. 1: Approve the final subdivision plat for Lambert Trailer Court / Model Land Company Replat No. 1, a two lot commercial subdivision proposed to be developed with a Walgreens and hotel. The subject property is located on the south side of S.E. 10th Street, between the Federal Highway pairs (S.E. 5th and 6th Avenues). C. ACCEPTANCE OF RIGHT-OF-WAY DEED/S.E. 3RD AVENUE OFFICES: Accept a right-of-way deed conveying to the City a five foot (5') right-of-way dedication to accommodate the existing sidewalk on the west side of the S.E. 3rd Avenue Offices site. The subject property is located on the east side of S.E. 3rd Avenue, between S.E. 1st and 2nd Streets, and is zoned CBD (Central Business District). GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT (CITY Eo MARINA RENOVATIONS): Authorize submitting an application to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $81,000 to assist with the renovation of the Delray Beach Municipal Marina, and approve Resolution No. 25-00 formalizing the request for assistance. City funding will come from the City Marina Fund. GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT (PROPERTY ACQUISITION): Authorize submitting an application to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $70,000 to assist with the purchase of the Odabachian property located on the east side of U.S. Highway ~1, adjacent to the MSA 650 parcel which the City recently lease from F.I.N.D., and approve Resolution No. 26-00 formalizing the request for assistance. City funding will come from FY 2001 CIP - General Construction Fund. GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT (POLICE BOAT FOR MARINE OPERATIONS): Authorize submitting an application to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $47,229 to assist with the purchase of a Police boat to patrol and enforce boating laws on waterways within the City, and approve Resolution No. 27-00 formalizing the request for assistance. City funding will come from FY 2001 CIP - General Construction Fund. OFF-DUTY SERVICE AGREEMENT/COMMAND SECURITY CORPORATION: Approve an agreement between the City and Command Security Corporation to provide for the administration of off-duty Police work, including the non-City sponsored off-duty details, requests for service, scheduling work and confirming completion, billing and collections. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mark Baron as the Chamber of Commerce representative on the Parking -3- Regular Commission Meeting March 21, 2000 Management Advisory Board to fill an unexpired term ending July 1, 2000. I. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM: Ko Approve a funding subsidy in the amount of $17,244.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 97th homeownership assistance grant provided through the program to-date. RESOLUTION NO. 22-00: A resolution assessing costs for abatement action required to remove nuisances on nineteen (19) properties located throughout the City. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from March 6th through March 17, 2000. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $236,024.00 to Akerblom Contracting, Inc. for the rehabilitation of Lift Stations llA, 25 and 53, with funding from 442-5178-536-61.83 (W&S Renewal & Replacement - Lift Station Conversion to Submersible). o Contract award in the amount of $239,090.00 to Weekley Asphalt Paving, Inc. for the 2000 Roadway Bond Resurfacing Project which will generally consist of resurfacing 33 streets throughout the City, with funding from 370-3162-541-65.40 (2000 Roadway Bond Resurfacing). o Contract award in the amount of $426,170.00 to Arbor Tree & Land, Inc. for the 2000 Roadway Bond Swale Reconstruction Project which will generally consist of the excavation of 70,000 square yards of roadside swale including clearing and grubbing, construction of approximately 70,000 square yards of 6-inch deep roadside swale with sod, restoration of irrigation systems and maintenance of traffic. Funding will be from 448-5470-538-65.41 (2000 Roadway Bond Swale Reconstruction). Bid awards to multiple vendors via City of Delray Beach co-op bid for the purchase of chemicals and fertilizer at an estimated annual cost of $150,969.66, with funding in the amount of $37,753.99 from Parks and Recreation operating budget and $113,215.67 from the Municipal Golf Course and Lakeview Golf Course operating budgets. Bid awards to multiple vendors at an estimated annual cost of $235,031.66 for the purchase of pipe fittings and accessories, with funding from various departmental operating budgets. -4- Regular Commission Meeting March 21, 2000 Grant awards through the Community Development Block Grant Housing Rehabilitation program for two single family units to Abisset Corporation in the total amount of $36,813.10 ($17,634.80 for 808 S.W. 4th Avenue and $19,178.30 for 1312 Lee Street), with funding from 118-1963-554-49.19 (CDBG Housing Rehabilitation), and grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $13,463.60 to Dakota Construction, Inc. for a single family housing unit at 906 S.W. llth Terrace, with funding from 118-1924-554-49.19 (SHIP Housing Rehabilitation). 9. Regular Agenda: A. CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY BEACH: Eo 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 MacARTHUR FOUNDATION GRANT APPLICATION: Consider authorizing staff to submit a grant application to the MacArthur Foundation for funding in the amount of $145,000 to address redevelopment issues within the downtown business area, including the CBD and the West Atlantic Avenue corridor from Swinton Avenue to 1-95. DIRECTION REGARDING THE POTENTIAL ACQUISITION OF LOTS IN BLOCK 69: Consider directing the Community Redevelopment Agency to pursue the acquisition of Lots 19, 20 and 24, Block 69, for the purpose of providing public parking. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending January 14, 2002. The appointment will be made by Commissioner Randolph (Seat #4). APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two regular members to the Nuisance Abatement Board for two year terms ending March 31, 2002. The appointments will be made by Commissioner Schmidt (Seat #1) and Commissioner Archer (Seat #2) . APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE (RESOLUTION NO. 29-00): Appoint five members to the Affordable Housing Advisory Committee for two year terms ending March 31, 2002, and adopt Resolution No. 29-00. The appointments will be made by Mayor Alperin (provider of affordable housing), Commissioner Schmidt (real estate professional), Commissioner Archer (citizen-at-large), -5- Regular Commission Meeting March 21, 2000 Commissioner Schwartz (~citizen-at-large), and Commissioner Randolph (banking/mortgage industry representative). RESOLUTION NO. 28-00 (PURCHASE OF 800 MHz RADIO SYSTEM FROM MOTOROLA),: Consider approval of a resolution authorizing the Mayor to execute a contract with Motorola, Inc. for the purpose of purchasing a fully operational 800 MHz trunked radio system. INTERLOCAL AGREEMENT (AMENDED) TO ESTABLISH SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE (PSCC): 10. 11. 12. 13. Consider approval of an interlocal agreement, as amended, by and among the City of Boca Raton, the City of Delray Beach and the City of Boynton Beach to establish the South Palm Beach County Public Safety Communications Cooperative. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY (SMART ZONE CONTROLLER): Consider approval of an interlocal agreement with Palm Beach County wherein the City will be permitted to connect to the County's SmartZone Controller for the 800 MHz Trunked Radio System in exchange for the City paying a fair share of the operation and maintenance costs. Public Hearings: ORDINANCE NO. 6-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.9, "General Commercial (GC) District", to allow densities of up to 12 units per acre as a permitted use and up to thirty (30) units per acre as a conditional use within the West Atlantic Avenue Overlay District, subject to performance standards. ORDINANCE NO. 8-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations to. allow parking lots and pocket parks within residential zoning districts when associated with a redevelopment/neighborhood plan. If passed, a second public hearing will be scheduled for April 4, 2000. Co~ents and Inquiries on Non-Agenda Immediately following Public Hearings. Items from the Public- A. City Manager's response to prior public comments and inquiries. B. From the Public. First Readings: None Comments and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission -6- NARCH 21, 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, March 21, 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 Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. Aqenda Approval. Mayor Alperin asked that Item 7.A. be moved forward and heard as the first item on the agenda in an effort to accom- modate some of the individuals involved who have to leave rather quickly for another engagement. Mrs. Archer moved to approve the agenda, as amended, seconded by Mr. Schmidt. 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. 5~ Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Regular Meeting of March 7, 2000, and the Minutes of the Special Meeting of March 15, 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. Item 7.A. was moved forward on the agenda· 7.A. Delray Citizens for Delray Police (Perry DonFrancisco) recognizing the residents of the Del-Aire community for their annual golf tournament to benefit the Police and Fire Depart- ments. Perry DonFrancisco, Delray Citizens for Delray Police, commented that this marks the llth year that the Del-Aire commu- nity has hosted the Del-Aire/Delray Citizens for Delray Police Golf Tournament. The funds raised by this event have been used over the years to purchase life-saving equipment and crime-fight- ing equipment that has been used for the benefit of the entire community. Mr. DonFrancisco then introduced the following representatives of the Del-Aire community: Mr. and Mrs. Harvey Lurie, Mr. and Mrs. Dan Bernheim, Mr. and Mrs. M. Levinson, and Mr. and Mrs. Walter Warheit. He thanked and acknowledged the residents of Del-Aire for their remarkable and consistent sup- port. Speaking on behalf of the Del-Aire community, Mr. Lurie stated that the success of the annual golf tournament would not be possible without the entire Del-Aire community making a major effort and without the extraordinary partnership with Perry DonFrancisco and Delray Citizens for Delray Police. The total amount that has been given to the Police and Fire Departments over the past 11 years, including this year's amount, is $249,000. The thought is that these departments cannot get everything they would like to have or should have due to budget considerations, and the Del-Aire community takes great pride in knowing that the funds from the golf tournament make it possible for them to have some wonderful things to help not only the residents of Del-Aire but the community at large as well. At this point, Mr. Lurie asked that Police Chief Richard Overman and Fire Chief Bob Rehr come forward. On behalf of the Del-Aire community, Mr. Lurie presented a check in the amount of $16,000 to the Police Department and another check in the amount of $16,000 to the Fire Department. Mr. Lurie further commended and thanked Perry DonFrancisco as being a major force behind the success of this charitable event. On behalf of the Police Department and the City of Delray Beach, Chief Overman expressed his sincere appreciation to the citizens of Del-Aire for their donation. The money the Police Department has received as a result of their efforts has been used for such things as the total equipment of Delray's world-class dive-recovery team, bullet-proof protective vests, bicycles for the community policing effort, and this year will likely be used as a match for grant funding to install automatic external defibrillators (AEDs) in all Police vehicles. Many of these things would not otherwise have been available to the department due to budget constraints. The efforts of the Del- Aire community are greatly appreciated. On behalf of the Fire Department and the City of Delray Beach, Chief Rehr extended his gratitude and thanks to the residents of Del-Aire for their generosity. The equipment -2- 3/21/00 funds has been tremendous, ranging from extrication equipment to the Fire Department has been able to obtain because of these improved cardiac equipment for rescue vehicles and this year the goal is to purchase a thermal imaging camera which gives fire- fighters the capability of seeing through smoke to quickly identify victims who are down or trapped in burning structures. Chief Rehr commented that the entire community owes a debt of gratitude to Del-Aire for making the purchase of these types of equipment possible as their availability ultimately benefits all of the residents of Delray Beach. Proclamations: 6.A. Recoqnizinq and commendinq the 2000 Senior aames Multiple Medal Winners for their athletic achievements. Mayor Alperin read and presented a proclamation in recognition of the multiple medal winners at the 2000 Senior Games, as follows: Alvin Malthaner - 10 Gold medals (all in swimming) Dr. Sid Sude - 10 Gold medals (5 in track and field, 4 in swimming and 1 in basketball skills) Herbert Furash - 10 Medals (9 Gold and 1 Silver, all in swimming) Fred Henderson - 8 Gold medals (all in swimming) Helen Allen - 5 Gold medals (3 in track and field, 1 in tennis and 1 in basketball skills) Bob MacLeod - 4 Gold medals (all in track and field) Don Zaccardo - 4 Silver medals (all in track and field) Justin Langsner - 4 Medals (2 Gold in track and field, I Gold in basketball skills and 1 Bronze in table tennis) Martin Quinn - 4 Gold medals (all in track and field) A1 Rogerson - 3 Silver medals (all in swimming) Mark Reingold - 3 Medals (1 Gold and 1 Bronze in table tennis, and 1 Gold in basketball skills) Maxine Bodman - 3 Gold medals (2 in track and field, and i in golf) Patrick Fitzgerald - 3 Medals (1 Gold in track and field, 1 Silver in track and field, and 1 Bronze in golf); and Richard Weinstein - 3 Medals (1 Gold and 2 Silver, all in track and field) Buildinq Safety Week - April 2 through 8, 2000. Mayor Alperin read and presented a proclamation in recognition of Building Safety Week which will be observed April 2nd through 8, 2000. Jerry Sanzone, Chief Building Official, came forward to accept the proclamation. -3- 3/21/00 7. Presentations= Bergh) Sister Cities Presentation - Moshi, Tanzania (Kje11 Mr. Bergh stated that it was a pleasure to represent the City of Delray Beach and the Sister Cities organizing commit- tee in the first formal visit to Moshi, Tanzania, on November 23 and 24, 1999. He gave an extremely informative presentation on the details ~f the trip as well as the enthusiastic reception to the establishment of a Sister City relationship between Moshi and the City of Delray Beach. A copy of Mr. Bergh's working paper in this regard in attached hereto and made a part of these minutes. In concluding his presentation, Mr. Bergh commented that the entire Sister Cities committee had tentatively been planning to make a trip to Moshi in June of this year, but the trip will in all likelihood be moved back to November, 2000. He then presented a gift from the Tanzanian committee, a carved wooden statue of a Masai warrior. 7.C. RESOLUTION NO. 23-00: A resolution recognizing and commending Commissioner David Randolph for his many years of dedicated service to the City of Delray Beach. The caption of Resolution No. 23-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DAVID E. RANDOLPH, SR. FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DEDICATION AND DISTINCTION. (The official copy of Resolution No. 23-00 is on file in the City Clerk's office.) Mayor Alperin read Resolution No. 23-00 in its entire- ty, recognizing and commending Commissioner David Randolph who will be leaving office on March 30, 2000. Mr. Schwartz moved to approve Resolution No. 23-00, seconded by Mr. Schmidt, and passed by unanimous vote of the City Commission. Along with Resolution No. 23-00, Mayor Alperin present- ed a plaque to Mr. Randolph expressing gratitude for his tire- less and unrelenting efforts on behalf of the City of Delray Beach and expressing appreciation for his personal contributions to the entire community. ?.D. RESOLUTION NO. 24-00: A resolution recognizing an d commending Mayor Jay Alperin for his many years of dedicated service to the City of Delray Beach. -4- 3/21/00 The caption of Resolution No. 24-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MAYOR JAY ALPERIN FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DEDICA- TIONAND DISTINCTION. (The official copy of Resolution No. 24-00 is on file in the City Clerk's office.) Mayor-Elect Schmidt read Resolution No. 24-00 in its entirety, recognizing and commending Mayor Jay Alperin who will be leaving office on March 30, 2000. Mr. Schwartz moved to approve Resolution No. 24-00, seconded by Mrs. Archer, and passed by unanimous vote of the City Commission. Along with Resolution No. 24-00, Mayor-Elect Schmidt presented a plaque to Mayor Alperin expressing gratitude for his tireless and unrelenting efforts on behalf of the City of Delray Beach and expressing appreciation for his personal contri- butions to the entire community. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 21-00: A resolution vacating and abandoning an east/west alley right-of-way lying within Block 108, Town of Delray, in conjunction with the proposed Town Square mixed use development, based upon positive findings. The caption of Resolution No. 21-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONINIG AN EAST/WEST ALLEY RIGHT-OF-WAY LYING WITHIN BLOCK 108, TOWN OF LINTON (DELRAY BEACH), ACCORDING TO THE PLAT THERE- OF AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 21-00 is on file in the City Clerk's office.) 8oBo FINAL PLAT APPROVAL/LAMBERT TRAILER COURT/MODEL LAND COMPANY REPLAT NO. 1: Approve the final subdivision plat for Lambert Trailer Court / Model Land Company Replat No. 1, a two lot commercial subdivision proposed to be developed with a Walgreens and hotel. The subject property is located on the south side of S.E. 10th Street, between the Federal Highway pairs (S.E. 5th and 6th Avenues). -5- 3/21/00 8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/S.E. 3RD AVENUE OFFIC- ES: Accept a right-of-way deed conveying to the City a five foot (5') right-of-way dedication to accommodate the existing sidewalk on the west side of the S.E. 3rd Avenue Offices site. The subject property is located on the east side of S.E. 3rd Avenue, between S.E. 1st and 2nd Streets, and is zoned CBD (Central Business District). 8oDo GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DIS- TRICT (CITY MARINA RENOVATIONS): Authorize submitting an appli- cation to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $81,000 to assist with the renova- tion of the Delray Beach Municipal Marina, and approve Resolu- tion No. 25-00 formalizing the request for assistance. City funding will come from the City Marina Fund. 80Eo GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DIS- TRICT (PROPERTY ACQUISITION): Authorize submitting an applica- tion to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $70,000 to assist with the pur- chase of the Odabachian property located on the east side of U.S. Highway #1, adjacent to the MSA 650 parcel which the City recently leased from F.I.N.D., and approve Resolution No. 26-00 formalizing the request for assistance. City funding will come from FY 2001 CIP - General Construction Fund. GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DIS- TRICT (POLICE BOAT FOR MARINE OPERATIONS): Authorize submitting an application to the Florida Inland Navigation District (F.I.N.D.) for grant funding in the amount of $47,229 to assist with the purchase of a Police boat to patrol and enforce boating laws on waterways within the City, and approve Resolution No. 27-00 formalizing the request for assistance. City funding will come from FY 2001 CIP - General Construction Fund. 8.G. OFF-DUTY SERVICE AGREEMENT/COMMAND SECURITY CORPORA- TION: Approve an agreement between the City and Command Securi- ty Corporation to provide for the administration of off-duty Police work, including the non-City sponsored off-duty details, requests for service, scheduling work and confirming completion, billing and collections. SoHo RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mark Baron as the Chamber of Commerce representative on the Parking Management Advisory Board to fill an unexpired term ending July 1, 2000. 8.I. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO- GRAM:. Approve a funding subsidy in the amount of $17,244.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 97th homeownership assistance grant provided through the program to-date. -6- 3/21/00 8.J. RESOLUTION NO. 22-00: A resolution assessing costs for abatement action required to remove nuisances on nineteen (19) properties located throughout the City. The caption of Resolution No. 22-00 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. 22-00 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 from March 6th through March 17, 2000. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $236,024.00 to Aker- blom Contracting, Inc. for the rehabilitation of Lift Stations llA, 25 and 53, with funding from 442-5178-536-61.83 (W&S Renewal & Replacement - Lift Station Conversion to Submersible). o Contract award in the amount of $239,090.00 to Weekley Asphalt Paving, Inc. for the 2000 Roadway Bond Resurfacing Project which will generally consist of resurfacing 33 streets throughout the City, with funding from 370-3162-541-65.40 (2000 Roadway Bond Resurfacing). o Contract award in the amount of $426,170.00 to Arbor Tree & Land, Inc. for the 2000 Roadway Bond Swale Reconstruction Project which will generally consist of the excavation of 70,000 square yards of roadside swale including clearing and grub- bing, construction of approximately 70,000 square yards of 6-inch deep roadside swale with sod, restoration of irrigation systems and maintenance of traffic. Funding will be from -7- 3/21/00 448-5470-538-65.41 Reconstruction). (2000 Roadway Bond Swale o Bid awards to multiple vendors via City of Delray Beach co-op bid for the purchase of chemicals and fertilizer at an estimated annual cost of $150,969.66, with funding in the amount of $37,753.99 from Parks and Recreation operating budget and $113,215.67 from the Municipal Golf Course and Lakeview Golf Course operating budgets. Bid awards to multiple vendors at an estimated annual cost of $235,031.66 for the purchase of pipe fittings and accessories, with funding from various departmental operating budgets. Grant awards through the Community Development Block Grant Housing Rehabilitation program for two single family units to Abisset Corporation in the total amount of $36,813.10 ($17,634.80 for 808 S.W. 4th Avenue and $19,178.30 for 1312 Lee Street), with funding from 118-1963-554-49.19 (CDBG Mousing Rehabilitation), and grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $13,463.60 to Dakota Construction, Inc. for a single family housing unit at 906 S.W. llth Terrace, with funding from 118-1924-554-49.19 (SHIP Housing Rehabilitation). Mr. Schmidt moved to approve the Consent Agenda, seconded by Mr. Randolph. 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. e REGULAR AGENDA: 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 The City Attorney stated this item will be conducted as a quasi-judicial proceeding 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. -8- 3/21/00 Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the request is for a modification of a previously approved condition- al use application to establish a home furnishings and accesso- ries emporium in the old Winn Dixie building on N.E. 2nd Ave- nue. It was originally approved for 31,000 square feet and that included retail and office uses. The modification was to add an additional 10,000 square feet of retail space. The modification as proposed would have been short about 50 parking spaces accord- ing to the City code which requires 4 spaces per one thousand square feet for retail centers. The code does allow for a reduction of parking based upon the submission of evidence which conclusively demonstrates that the parking need is not as great as what the code requires. The applicant had submitted some studies of similar uses indicating that the parking ratio could be reduced. After lengthy review and discussions between staff and the applicant, Ms. Dominguez stated that a consensus had finally been reached as to a parking requirement that both staff and the applicant could support. The solution reached is that the main parking lot can be redesigned to accommodate at least ten (10) more parking spaces. Additional parking is available if the City allows parking coming out of the unimproved right- of-way for N.E. 3rd Avenue behind their building and to the north. If the right-of-way were continued to the north, there is some property that FP&L owns adjacent on either side where more parking could be added if the applicant can work out an arrangement which they feel they can do. The project would still be short in the neighborhood of about 20 spaces, but based on the studies the applicant has submitted and review of same by the City's traffic consultant, Kahart Pinder, it is felt that the applicant has substantially demonstrated that they will not need the same amount of parking as regular retail. Ms. Domin- guez stated that she felt a parking ratio of 3 to 3.5 spaces per one thousand square feet was reasonable for this type of use. She noted that that ratio is typical of what is required through the rest of the downtown and it should work for this type of operation as well. Ms. Dominguez continued that the one concern staff still had was about restaurant usage. As the use is proposed, it does allow accessory food sales and beverages. There is an area on the floor plan that is shown as a cafe. She felt any approval should be conditioned on this area not being expanded any further or, if the intent is to expand, then the applicant needs to come back through the process to re-examine the parking because the restaurant uses are what really add to the parking demand. If Creations of Delray Beach were to turn into some- thing that had more of a restaurant component, then it could really affect the parking. Speaking next was Kahart Pinder, Transportation Plan- ner and consultant for the City, who testified that based upon his review of the various traffic studies and observations of -9- 3/21/00 comparable types of uses it is his opinion that a parking ratio of 3.2 to 3.5 spaces per 1,000 square feet is reasonable. Jeff Kurtz, attorney representing the applicant, commended Diane Dominguez and Ron Hoggard of the Planning staff for coming up with some design alternatives to help with the parking situation and which are completely acceptable to the applicant. He then commented on the parking studies done by the applicant which concluded that an appropriate parking ratio for the proposed use would be in the area of two spaces per 1,000 square feet of floor area, or roughly 82 spaces. The site plan that has thus far been presented contains 119 parking spaces, and with the modification that the Planning staff has come up with it is anticipated that at least 140 spaces can be provided. Mayor Alperin declared the public Speaking from the audience was the following: hearing open. Jean Beer, President of Progressive Residents of Delray (P.R.O.D.), stated that P.R.O.D. initially took a posi- tion against the proposed project as it originally stood. At this time she would not oppose the project due to the changes made by staff. For the record, however, she commented that the City had changed or amended its ordinances on a special project basis and she felt it would be worthwhile for the City to take a look at this to see if it is something that will be continued on a project by project basis. If it is continued, Mrs. Beer felt the City would no longer have any valid ordinances. She suggest- ed that the Commission think in terms of a special ordinance or something else to take care of situations like this one. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mayor Alperin commented that he was extremely pleased to see that the applicant had worked with the staff to develop a compromise that will work and is acceptable to both sides. Mr. Schwartz commented that he, too, was pleased to see that the parking issue was able to be negotiated out with the professional Planning staff so that the project will be satisfactory to the City. Mr. Randolph commented that he was pleased to see this particular application reach a resolution and that hopefully the project will soon move forward. Mrs. Archer moved to approve the conditional use modification request for Creations of Delray Beach based upon positive findings with respect to LDR Section 4.6.9(F) (1), Parking Reduction Allowed, to the extent that the applicant will provide between 3.0 to 3.5 parking spaces per thousand square feet, with the condition that the restaurant facility shown on the plans not be enlarged beyond the square footage currently -10- 3/21/00 shown, and further based on a positive finding with respect to LDR Section 2.4.5(E) (5), Conditional Use Findings, and that it is consistent with the Comprehensive Plan. 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.B. MacARTHIrR FOUNDATION GRANT APPLICATION: Consider authorizing staff to submit a grant application to the MacArthur Foundation for funding in the amount of $145,000 to address redevelopment issues within the downtown business area, includ- ing the CBD and the West Atlantic Avenue corridor from Swinton Avenue to 1-95. Diane Dominguez, Director of Planning and Zoning, stated that the City had previously applied, as co-applicant with the Community Redevelopment Agency, for a grant from the Florida Department of Community Affairs Eastward Ho! initiative to complete a plan for the Central Business District. The City did not receive the grant, and so began seeking alternative funding sources for the project. The MacArthur Foundation indicated that it would consider funding the project if several conditions were met (i.e. that the study area be expanded to include West Atlantic Avenue, that the project be structured to increase minority participation in the planning process, and that the program include elements to improve race relations). Given all that is involved, Ms. Dominguez noted that the amount of the grant has gone up considerably to $145,000. A Project Management Team has been set up to discuss the work program and prepare the grant application. Ms. Dominguez com- mented that Commissioner Randolph has graciously spent a lot of time working with the team and helping to get the parameters straight. The project will be a joint effort between the City, the CRA and MAD DADS, with each organization contributing funds to the project. The City will provide $10,000 in funding and an additional $10,000 in in-kind services (primarily research and data collection). The CRA will contribute $20,000 and MAD DADS will contribute $5,000. If the grant is approved, the Project Management Team will nominate members of a steering committee to act as the governance structure for completing the plan and its associated objectives. Commissioner Schmidt acknowledged the effort put forth by Commissioner-Elect Jeff Perlman who was very instrumental in approaching the MacArthur Foundation and getting this funding lined up. Mrs. Archer moved to approve the submission of an application for a $145,000 grant from the MacArthur Foundation as outlined by Ms. Dominguez. 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 -11- 3/21/00 Alperin - Yes; Mr. Schmidt - Yes. to 0 vote. Said motion passed with a 5 At this point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 6-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.9, "General Commercial (GC) District", to allow densities of up to 12 units per acre as a permitted use and up to thirty (30) units per acre as a conditional use within the West Atlantic Avenue Overlay District, subject to performance standards. Prior to considera- tion 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. 6-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW DENSITIES OF UP TO TWELVE (12) UNITS PER ACRE AS A PERMIT- TED USE AND UP TO THIRTY (30) UNITS PER ACRE AS A CONDITIONAL USE WITHIN THE WEST ATLAN- TIC AVENUE OVERLAY DISTRICT, SUBJECT TO PERFORMANCE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-00 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. Mayor Alperin declared the public Speaking from the audience was the following: hearing open. John Bennett, 137 Seabreeze Avenue, asked if any further thought had been given to the possibility of reexamining the conditional use performance standards? The standards pro- posed for adoption in Ordinance No. 6-00 are pretty much what is in effect for East Atlantic Avenue, and he questioned if they would be revisited before they are adopted for another section of town? Mr. Bennett further commented that the East Atlantic Avenue standards talk about granting density increases "to the degree" that performance standards are met while West Atlantic -12- 3/21/00 Avenue talks about "substantial compliance" with performance standards. Since this was something of an issue recently, Mr. Bennett asked what the difference between the two sets of stan- dards is? There being no one else who wished to address the City Commission on this item, the public hearing was closed. In response to Mr. Bennett, Mr. Schmidt stated that he felt what Was just talked about in the MacArthur Foundation grant discussion would address these issues to see if there is a need to modify the performance standards. However, he is com- fortable with them as they are currently written. Diane Dominguez, Director of Planning and Zoning, added that staff, too, is comfortable with the performance standards. With respect to the wording, staff feels the term "substantial compliance" probably works better than "to the degree" standards are met. She also noted that the "degree" language is more appropriate in the CBD because there is no maximum density. In the case of West Atlantic Avenue there is a maximum of 30 units to the acre. She further stated that it is very hard to be totally quantitative in establishing performance standards. There is going to be a degree of subjectivity. In drafting the ordinance, staff tried to put as many descriptions in the standards of what we are looking for to make it easier to make the determination as to whether or not a project is in substantial compliance. Mr. Schwartz moved to approve Ordinance No. 6-00 on Second and FINAL Reading, seconded by Mr. Schmidt. 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.B. ORDINANCE NO. 8-00 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending the Land Development Regulations to allow parking lots and pocket parks within residential zoning districts when associated with a redevelopment/neighborhood plan. If passed, a second public hearing will be scheduled for April 4, 2000. Prior to consideration of passage of this ordi- nance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 8-00: 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-i) DISTRICTS", SUBSEC- TION 4.4.3(B), "PRINCIPAL USES AND STRUC- TURES PERMITTED"; AMENDING SECTION 4.4.5, -13- 3/21/00 "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 OFFICIAL (RO) DISTRICT"__ SUBSECTION 4 o 4 o 17 (B) , "PRINCIPAL USES AND STRUCTURE S PERM I TTED"; ALL BY ADDING 'PARKING LOTS NOT ASSOCIATED WITH A USE, PURSUANT TO AN ADOPTED NEIGHBORHOOD OR REDEVELOPMENT PLAN' AS A PERMITTED USE WITHIN THE RESPECTIVE ZONING DISTRICTS AND BY ADDING 'POCKET PARKS' AS A PERMITTED USE WITHIN ALL OF THE RESPECTIVE ZONING DIS- TRICTS EXCEPT THE RESIDENTIAL OFFICE (RO) DISTRICT; BY AMENDING APPENDIX "A", "DEFINI- TIONS'', OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE A DEFINITION FOR THE TERM 'POCKET PARK'; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-00 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. Mayor Alperin declared the public hearing open. There being no one who wished to address the Commission on this item, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 8-00 on FIRST Reading, seconded by Mr. Randolph. 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. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inquiries. There were no responses to prior public comments or inquiries. 1.1 .B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, commented on the pro- spective use of the 15+ acres located south of Lindell Boulevard along with some properties going north on the east side of Old -14- 3/21/00 Dixie Highway as discussed by the Planning and Zoning Board at its March 20th meeting. Mrs. Finst reminded the City Commission that this property was talked about quite a while ago as being a potential location for an easterly school between Delray Beach and Boca Raton. She asked the Commission to keep this in mind when considering any proposals for development of the property. For information purposes, Mayor Alperin commented that the Education Board also discussed this possibility at its March 20th meeting and he has also spoken with Tom Lynch, School Board member, about the property. Diane Dominguez, Director of Planning and Zoning, added that the property is identified in the Redevelopment Area #6 (Lindell/Federal) plan as an appropriate location for a school, so it is an option. 11.B.2. Jean Beer, 2145 S.W. 26th Terrace, asked who was going to be the person to follow up on the billboard to insure that the people who are putting in the gas station at West Atlantic Avenue and Barwick Road do, in fact, get rid of the billboard when the lease runs out? She stated she would like an answer to this question because of what happened at Causeway Lumber. On behalf of PoR.O.Do, Mrs. Beer thanked Commissioner Randolph and Mayor Alperin for their service to the City. Both have sacrificed a great deal and P.R.O.D. appreciates all they have done. On a personal note, Mrs. Beer commented that when the 'City looks to Visions 2010, knowing the number of minority population in Delray Beach, she would very much like to give David Randolph another job. She felt that if anyone should take the lead position in Visions 2010, it should be Mr. Randolph because everyone knows that that is where the work needs to be done in the future. 11.B.3. Kevin Warner, 248 Venetian Drive, expressed his thanks and appreciation to Commissioner Randolph and Mayor Alperin for their service to the City. Mr. Warner stated he had been informed that a vote in some fashion is expected at the April 4th City Commission meet- ing on the Layer's Tennis purchase, and that no new evidence, information or analysis has come forth at the Commission level over the last few weeks. He commented that he had sent informa- tion he felt to be germane to the City Manager and to the City Commission and was looking for some commentary on what exactly is supposed to happen on April 4th. Mr. Warner inquiried as to the general status of the analysis and investigation that has been going on just so he and others, as general citizens, do not come into a meeting and see something voted on without any sort of previous discussion or response to questions that have come from the public. -15- 3/21/00 11.B.4. Henry Williams, 310 N.W. 3rd Avenue, expressed his thanks to Mayor Alperin and Commissioner Randolph for all they have done for the City. He added, however, that there is always more work to be done and he would like to see Mr. Randolph remain active in what goes on in the City. 11.B.5. Rosetta Rolle, 301 N.W. 3rd Avenue, added her commenda- tions to Commissioner Randolph and Mayor Alperin as they prepare to leave office. Mrs. Rolle further stated that she attended the March 7th Commission meeting at which there was a presentation by the Chatelaine Homeowners Association which she found, in part, to be offensive. She resented the use of City grant money to show racial division as she felt was evidenced by the slide of the two young black men sitting on the old entryway into Chate- laine. Mrs. Rolle also felt it was inappropriate for grant money to be used to sponsor a candidate for City Commission as appeared to be the case with Rebecca Jennings. She felt that the presentation should have been monitored for these types of things and that the City was remiss in not reviewing the presen- tation before it was presented to the public. 11.B.6. Mary Alford, 31 N.W. 14th Avenue, extended her grati- tude to both Mayor Alperin and Commissioner Randolph for all they have done for the City, but especially to Mr. Randolph who, as a resident of the gateway community, has been a tremendous help to the community in showing how to get things done. With his assistance, the residents were able to accomplish many things. The Gateway Homeowners Association recognizes and appreciates this fact. 11.B.7. John Bennett, 137 Seabreeze Avenue, asked if anyone could explain to him the interrelationship between whatever is going to come of the MacArthur Foundation grant, if the City gets it, and Visions 20107 Mr. Bennett further expressed his thanks to Commission- er Randolph and Mayor Alperin for their service to the City. While he has not always agreed with them, he recognizes the sacrifices they have made to serve the City and appreciates all they have done. They leave large shoes to fill on the City Commission. 11.B.8. Carolyn Zimmerman, 212 S.W. 2nd Avenue, commented that she has heard rumors that there are no Haitians or Hispanics on the Visions 2010 committee. She understands that Bill Wood is on the committee representing the business area, but she is not on it and she represents all of the residents in this town through the condo and homeowners associations. She felt that anyone who wants to have a voice in the community should be allowed to do so and it should not be a select group. 12. FIRST READINGS: None -16- 3/21/00 At this point, the Commission returned to the regular agenda, Item 9.C. 9.C. DIRECTION REGARDING THE POTENTIAL ACOUISITION OF LOTS IN BLOCK 69: Consider directing the Community Redevelopment Agency to pursue the acquisition of Lots 19, 20 and 24, Block 69, for the purpose of providing public parking. Commissioner Schmidt commented that he had been passed a note from the audience that there are some members of the public that would like to speak on this item. It was the majori- ty consensus of the City Commission to allow public input. Diane Dominguez, Director of Planning and Zoning, presented an overview of the proposal. The Worthing Place project includes the construction of a parking garage on Block 69 that will be used for parking by the general public and by the GRIP building. As proposed, the garage would occupy three of the six lots located within the portion of Block 69 that were the subject of a recently adopted text amendment allowing the establishment of specified CBD uses. A conceptual site plan for the garage was discussed at recent meetings of the Historic Preservation Board and Parking Management Advisory Board. As proposed, the garage will provide slightly more than 200 spaces in a building that is approximately 36 feet in height. It was suggested at both meetings that if more property could be ac- quired, the height of the structure could be reduced, or addi- tional spaces added. Ms. Dominguez stated that, from a staff standpoint, it makes sense to at least look at this possibility now before moving ahead with the garage because maybe a better design alternative is there. The acquisition of property within Block 69 as a potential parking site is not specifically identi- fied in the Community Redevelopment Plan. The City Commission could, however, direct the CRA to pursue acquisition of the lots which would then be followed by a formal amendment to the CRA Plan, or to at least explore that possibility. Mayor Alperin opened the floor for public comment. Speaking from the audience were the following: John Bennett, 137 Seabreeze Avenue, stated that he had no objection to this proposal being considered but the agenda item before the Commission is to direct the Community Redevelop- ment Agency to do it. He felt the proposal ought to be studied further as it is somewhat vague in its present form. Jean Beer, 2145 S.W. 26th Terrace, stated that P.R.O.D. took a position that they were not in favor of the size of the garage in the historic district. She has grave concerns about this proposal and concurs with Mr. Bennett that much more study is needed in order to get the facts straight. She ques- tioned why the CRA has not taken a position on this and why should the City Commission be directing them to do something without first looking at it. -17- 3/21/00 Irwin Rockoff, 743 N.W. 23rd Lane, stated he was confused as to why this issue was even being brought up. There has been no discussion as to the potential cost to the taxpayers and he felt it was inappropriate that the item was on the agenda. Rosetta Rolle, 301 N.W. 3rd Avenue, stated that she felt this issue ought to be deferred until the new Commission comes on board since it would not be right to saddle them with something that is not necessary. Carolyn Zimmerman, 212 S.W. 2nd Avenue, stated that she felt the proposal should be looked at in much more depth before any type of direction is given to anybody. Charles Siemon, Siemon & Larsen, counsel to Dharma Properties, encouraged the City Commission not to take any action on this matter. While it is possible that a better garage could be designed on the six lots that would mitigate some of the adverse consequences, there is nothing in this action as it is proposed to the Commission that would give anyone any comfort that that is the case. He further stated that he felt the Commission should be very cautious. It is a very curious matter that the original amendment to the OSSHAD district added three additional lots and the representation was that they were added to the amendment just to round off the block. Now the subject action is being proposed. Mr. Siemon urged the Commission to not take any action, but rather be deliberate and careful before proceeding. Kevin Warner, 248 Venetian Drive, commented that he would be curious to hear how the Historic Preservation Board feels about this proposal before any action occurs. Also, he was present at the Parking Management Advisory Board meeting where Chris Brown brought this item up as a non-agendaed item. His impression of that discussion was that the Board felt it might be a good idea, but they would want to hear more about it. Mr. Warner felt that the Commission would want to hear from these boards before making any type of decision. Simon Harvey, 1040 Seasage Drive, questioned if there had been any real discussions concerning this proposal by any- body other than staff and the CRA? He felt no action should be taken until it goes through the normal process. There being no one else who wished to speak, Mayor Alperin closed the floor to public comment. Discussion by the Commission followed. Commissioner Schmidt commented that he liked all of the positive aspects that this proposal could accomplish as set out in the Planning Direc- tor's memorandum. However, he would feel more comfortable giving direction to the CRA to try to acquire this land if the Commission had an actual vote from the CRA asking the Commission -18- 3/21/00 to give them direction on this and they were recommending it to the Commission. Commissioner Archer concurred that she, too, would feel much more comfortable if there was a recommendation from the CRA and the Historic Preservation Board. Lacking these, she would support deferring any action until they are in hand, either pro or con. Co~missioner Schmidt moved to direct the CRA, the Historic Preservation Board and the Parking Management Advisory Board to review this matter as presented by the Planning Direc- tor and give the Commission recommendations on how they feel the Commission should proceed. The motion was seconded by Mr. Schwartz. 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. 9.D. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending January 14, 2002. The appointment will be made by Commissioner Randolph (Seat #4). Commissioner Randolph moved to appoint Josh Smith, Jr. to the Code Enforcement Board as an alternate member (layperson) to fill an unexpired term ending January 14, 2002. Mr. Schmidt seconded the motion for discussion. Mr. Schmidt stated that he has a great deal of respect for Dr. Smith, but he also has a problem with someone sitting on a board that is constantly fighting the board. He felt there are other avenues to correct the sorts of grievances that Dr. Smith alleges are contained in the system. Mr. Schmidt ex- pressed concern about how well the board would be able to func- tion as a group if Dr. Smith were to be appointed. Mr. Randolph responded that it is unfortunate, but it seems to him that if you are not a part of the system then you are out of the system. Mayor Alperin stated that it is the eight pages of violations and problems that the nominated individual has had with the City's Code Enforcement Board that makes it difficult for the Mayor to accept the nomination. Mr. Randolph asked that the Mayor call the question. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - No; Mr. Schwartz - No; Mr. Randolph - Yes; Mayor Alperin - No. Said motion FAILED TO PASS with a 3 to 2 vote. -19- 3/21/00 9.E. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two regular members to the Nuisance Abatement Board for two year terms ending March 31, 2002. The appointments will be made by Commissioner Schmidt (Seat #1) and Commissioner Archer (Seat #2). Mr. Schmidt moved to appoint Edward Ostrowski, Jr. to the Nuisance Abatement Board as a regular member for a two year term ending March 31, 2002. The motion was seconded by Mrs. Archer. UpQn 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. Mrs. Archer moved to appoint N. Jean Heinly to the Nuisance Abatement Board as a regular member for a two year term ending March 31, 2002. The motion was seconded by Mr. Schmidt. 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. 9oFo APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE (RESOLUTION NO. 29-00): Appoint five members to the Afford- able Housing Advisory Committee for two year terms ending March 31, 2002, and adopt Resolution No. 29-00. The appointments will be made by Mayor Alperin (provider of affordable housing), Commissioner Schmidt (real estate professional), Commissioner Archer (citizen-at-large), Commissioner Schwartz (citizen-at- large), and Commissioner Randolph (banking/mortgage industry representative). Mayor Alperin stated that he wished to appoint Joe Farkas to the Affordable Housing Advisory Committee (provider of affordable housing position) for a two year term ending March 31, 2002. Mr. Randolph so moved, 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. Mr. Schmidt moved to appoint Woodrow Lockett to the Affordable Housing Advisory Committee (real estate professional position) for a two year term ending March 31, 2002. The motion was seconded by Mr. Randolph. 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. Mrs. Archer moved to appoint Donald Goebel to the Affordable Housing Advisory Committee (citizen-at-large posi- tion) for a two year term ending March 31, 2002. The motion was seconded by Mr. Schmidt. 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. -20- 3/21/00 Mr. Schwartz moved to reappoint Ilse Nathan to the Affordable Housing Advisory Committee (citizen-at-large posi- tion) for a two year term ending March 31, 2002. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Mr. Randolph moved to appoint Cheryl Lynn Banks to the Affordable Housing Advisory Committee (banking/mortgage industry position) for a two year term ending March 31, 2002. The motion was seconded by Mr. Schwartz. 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.G. RESOLUTION NO. 28-00 (PURCHASE OF 800 MHz RADIO SYSTEM FROM MOTOROLA): Consider approval of a resolution authorizing the Mayor to execute a contract with Motorola, Inc. for the purpose of purchasing a fully operational 800 MHz trunked radio system. The caption of Resolution No. 28-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF DELRAY BEACH AND MOTOROLA, INC. FOR THE PURPOSE OF PUR- CHASING A FULLY OPERATIONAL 800 MHz TRUNKED RADIO SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Resolution No. 28-00 is on file in the City Clerk's office.) The City Manager commented that staff has been working on this project since 1998. It is a very complex project involv- ing working with our neighbors Boynton Beach and Boca Raton, and was further complicated because of the change in leadership in those two cities. The Manager publicly commended Captain Ross Licata with the Delray Beach Police Department, who has taken a major leadership role in helping to bring this to fruition. What is recommended is the purchase of the complete system at a price of $2,973,671 as Delray Beach's share. Some portions of that cost will be picked up by Highland Beach and Gulf Stream since Delray Beach provides fire rescue for both communities and does the Police dispatch for Gulf Stream. The new system will replace all of our radios, Police, Fire and general government. It will be an 800 megahurtz system and will be interoperable with our neighboring communities. The City will also be using the County's Smartzone switch which will be an essential part of the system. -21- 3/21/00 Mrs. Archer moved to approve Resolution No. 28-00 authorizing execution of the contract with Motorola, Inc. for the purchase of a fully operational 800 MHz trunked radio sys- tem. The motion was 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. The City Manager further commented that this same item was on the agenda this evening in both Boca Raton and Boynton Beach, so hopefully it will all be wrapped up as far as the approvals. The City's present radio system is roughly fifteen years old and parts of it are not being made any longer. When it breaks down, Motorola has to go cannabilize from somewhere else. We looked at some other technologies which look very promising, but they are all at least two years off and we felt we could not wait that long. The three communities all have immediate needs that need to be addressed. The new radio system will also address problems some of our Police officers have had with dead zones in parts of the City where they cannot receive or transmit, so it will enhance their safety throughout the community as well. 9.H. INTERLOCAL AGREEMENT (AMENDED) TO ESTABLISH SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE (PSCC): Consider approval of an interlocal agreement, as amended, by and among the City of Boca Raton, the City of Delray Beach and the City of Boynton Beach to establish the South Palm Beach County Public Safety Communications Cooperative. The City Attorney stated that the date in the agree- ment should be changed from February 2, 1998 to the current date. The City Manager stated this is essentially an amend- ment to our previous agreement and it takes into account some of the differences between what was envisioned when we started out and the system that has finally been designed. Mr. Schmidt moved to approve the interlocal agreement, as amended, to establish the South Palm Beach County Public Safety Communications Cooperative. 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. Schwartz - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY (SMARTZONE CONTROLLER): Consider approval of an interlocal agreement with Palm Beach County wherein the City will be permitted to connect to the County's SmartZone Controller for the 800 MHz Trunked Radio System in exchange for the City paying a fair share of the operation and maintenance costs. -22- 3/21/00 The City Manager stated that this agreement will allow us the use of the SmartZone controller that is being purchased and installed by Palm Beach County. That fact will save the three cities together a good deal of money and so we are appre- ciative of the County's cooperation in making this available. Each city will be responsible for its share of the operating costs. Mr. Schwartz moved to approve the interlocal agreement with Palm Beach County for use of the SmartZone controller for the 800 MHZ radio system. The motion was seconded by Mr. Ran- 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. 13. Comments and Inquiries on Non-Aqenda Items. 13 .A. City Manaqer. The City Manager commented that while driving in the neighborhood the other day, he noticed that our retention area on S.W. 4th Avenue had more than doubled in size. Upon inquir- ing as to how this came about, he found that our Environmental Services staff was able to work a deal with a company in the area that needed some fill and they enlarged that retention area at no cost to the City. He commended the Environmental Services staff for their creativity in accomplishing this, noting that it should greatly improve the drainage situation in that area of the community. The City Manager then advised that he does not expect to be present at the organizational meeting on March 30, 2000. Unfortunately, it conflicts with the International City Manage- ment Association (ICMA) Best Practices Symposium which is being held in Savannah this year. Me has been to one of these in the past and found it to be extremely beneficial, so he is planning to attend again this year. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13 .C. City Commission. 13.C.1. Commissioner Archer commented that she was very upset about what transpired earlier in the meeting with respect to the Code Enforcement Board appointment. She stated that Dr. Smith is a very intelligent man and a good community leader and she would very much like to see him serve on a City board. She had inquiried of staff as to how the code enforcement situations developed and as to whether there was ever an attempt to reach some reasonable settlement, and was told that it was absolutely refused. While she would like to see Dr. Smith appointed, she -23- 3/21/00 has a major problem with the fact that he has refused to make any concession at all even if the City is willing to do so. Mrs. Archer wanted the record to reflect that she was extremely upset by this because she would very much like to see the situa- tion resolved. She publicly appealed to Dr. Smith to please come and talk to the City to try to resolve the code enforcement issues through reasonable compromise. 13.C.2. Commissioner Schmidt stated that it has been a real pleasure for him to have served for the last three years with Mr. Randolph and Mayor Alperin. There is a saying in golf circles that you learn alot about someone from the way they play golf. He met David Randolph on the golf course in the City league about eight years ago and found him to be a very fierce competitor, but also very gracious whether he wins or loses. Mr. Schmidt stated that he respects everybody who sits on the Commission, but no one more than David Randolph. Mr. Schmidt ex- pressed his thanks and appreciation to Mayor Alperin for being a mentor, and stated that the City is losing two very fine people on the Commission and he certainly hoped that both would stay involved in the community. 13.C.3. Commissioner Schwartz stated that it has been a plea- sure working with Commissioner Randolph and Mayor Alperin, albeit for a brief period of time. 13.C.4. Commissioner Randolph stated that it has truly been a distinct pleasure serving on the City Commission over the years. He appreciates the fact that things don't always go your way and holds no ill feelings toward anyone. However, he will continue the good fight. Just because he may fight you does not mean that he doesn't love you. He loves and respects all and will do so to the end. Mr. Randolph publicly acknowledged and expressed his deepest appreciation to his lovely wife, Mary, because she has been the backbone who enabled him to do so many of the things he has done in the City over the years. Mr. Randolph thanked everyone for all of the support he has received over the years. 13.C.5. Mayor Alperin stated that it has been a privilege for him to have been given the opportunity and ability to serve on the Commission. Although he has enjoyed it tremendously for the past ten years, the truth is that it has not been easy. Alot of work is involved, including study, phone calls, letters, as well as a lot of sleepless nights. He spent many nights not sleeping trying to figure out what was the best thing to do for the City. He further commented that he was very fortunate in not having any opposition during his tenure, so that he always felt that he didn't have to vote on anything just to get re-elected. He always tried to do what he thought was going to be best for the future of the City as a whole and was willing to take the abuse when an unpopular decision was made. -24- 3/21/00 Mayor Alperin further stated that it has been his pleasure to have served with some outstanding people over the past ten years. He is confident that the Commission is being left in good hands with people who will continue to give the City more and more to be proud of. Lastly, Mayor Alperin com- mented that he honestly felt that of all the thousands of deci- sions he made over the last ten years, the best decision the Commission ever made was hiring David Harden as the City Manag- er. It has been a pleasure and a privilege to work with him. Also, he was confident that the best choice for our City Attor- ney was the promotion of Susan Ruby instead of looking to the outside, and she has happily proved him right. Mayor Alperin expressed his thanks and appreciation to everyone for their support, and commented that he is not leaving either. There are too many things yet to be done. There being no further business, adjourned by Mayor Alperin at 8:15 p.m. the meeting was City- C~rk ! ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of March 21, 2000, which minutes were formally approved and adopted by the City Commis- sion on City ~erk ' 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. -25- 3/21/00 '~%.~..~,, , ~ BERGH INTERNATIONAL HOLDINGS 2201 North Federal Highway · Delray Beach, FL 33483 Sister Cities visit to Moshi, Tanzania November 23 and 24, 1999 KJELL BERGH Chairman of the Board Maria Nhambu Bergh and Kjell Bergh represented the Delray Beach Sister Cities organizing committee in the first formal visit to Moshi, Tanzania. On arrival the night of November 23'a, 1999, we hosted the Municipal Director, Mr. Shaib Z. Muyinga for dinner at the Keyes Hotel. He outlined an ambitious agenda for the next day, which would include visits to a number of sites. Mr. Muyinga is an articulate, ambitious and very straight-forward chief of the permanent municipal staff. His position corresponds directly with that of our city manager. (Mr. Muyinga himself personally prefers to use the title City Clerk.) Mr. Onesmo Ngowi, who had visited Delray Beach earlier in the year as Moshi's first official sister cities delegate and now heads up the Moshi organizing committee joined us for drinks after dinner. Immediately after breakfast on November 24t~, we were escorted to the offices of the Lord Mayor of Moshi, Councilor Denis N. Chuwa. We were warmly greeted and completed the customary signing of the guest book, before going into the Municipal Council chambers to meet the department heads and also the members of the Sister Cities organizing committee. In addition to the Lord Mayor and the Municipal Director, Onesmo Ngowi as head of the committee also joined us on the dais. I made a presentation and took questions in English, while Maria did the same entirely in kiswahili, which made a deep impression on the assembly. Our next visit was to the offices of Professor Phillemon M. Sarungi, the Regional Commissioner of the Kilimanjaro region, one of 25 regions in Tanzania. Professor Sarungi, a retired orthopaedic surgeon and professor of medicine, holds a position and rank equal to that of Governor Jeb Bush. He is highly respected in the Tanzanian political system, having been referred to us by both President Benjamin William Mkapa and Tanzanian Ambassador Mustafa S. Nyang'anyi .He is most supportive and takes a great personal interest in our sister cities project. We signed the visitors protocol and enjoyed his enlightened and most cordial briefing on the region and on Moshi's role within it. BERGH MANAGEMENT CORP Delray Beach, FL BORTON VOLVO Mmneapohs, MN BORTON VOLVO I~lray ~each, FL BORTON VOLKSWAGEN D~b:ay Beach, FL BORTON TRAVEL Minneapolis, MN BORTON OVERSEAS Minneapolis, MN AEROBICS WITH SOUL* Mumeapohs, MN TARANGIRE SAFARI LODGE Taaaanm, F.a~! Africa SERENGETi SELECT SAFARIS Tnn,'~m,~a, East Africa 561-266-2701 · WAT.q 888-499-44R0 I FA~" ~1-9~-1 R1.9_ -2- We were then invited on a long and interesting excursion primarily designed to highlight investment opportunities in tourism and general infrastructure, as well as projects in need of charitable support. Our first stop was to an area surrounding the downtown bus terminal, newly renovated and resuffacecl through a Japanese grant. The area has been cleared of vendors' shanties and is ready for commercial development, perhaps in combination with residential units on upper levels. The site is in a choice downtown location and has much to commend it in terms of location and exposure. The next stop was the Kilimanjaro regional Library, one of only two remaining public . libraries in the region. They are in desperate need of funds to re-roof the building and perform other deferred maintenance, let alone to replenish the badly outdated inventory of books and periodicals. Micro-fiche and computer facilities are not available. As an aside, we have since been contacted by Owen Cox, Carmel, Indiana, who has just returned from a one-year volunteer tour of duty in Moshi. He is raising funds for this purpose, with about $ 3 000 pledged against a goal $ 10 000. Participating in this worthwhile civic project might be an excellent way for the next sister cities delegation to establish permanent good will in Moshi. The subsequent stop was inside a large forest preserve of very tall indigenous trees providing a natural habitat for the rare red Colobus monkey. The forest is close to the city centre and is suggested as a site for a major tourist development, such as a hotel or lodge. Because water treatment is one of the proposed tri-partite grant application themes between Delray Beach and our sister cities in Japan and Moshi, we were taken to see a very large and impressive sewage treatment operation just going onstream just outside Moshi. It was designed to operate with minimum energy requirements, having no pumps or motorized actuator arms. An important stop was at the Kilimanjaro View Hotel, a well-built three-story hotel with 54 guest rooms plus conference rooms. It is located at the foot of Kilimanjaro in Moshi town and set in an enormous, spectacular garden with an oversize swimming pool. The hotel is 90% completed, but has never opened up as funding evaporated just short of the opening. They are looking for investors in what would absolutely be the top hotel in Moshi. (We have a complete pro forma with pictures.) -3- Not only the Mayor, the Municipal Director and the Regional Commissioner see the completion of this hotel as a top priority. President Mkapa has mentioned it to me twice as a highly desirable joint-venture project. We visited a second hotel, in successful operation and expanding, but also looking for joint-venture partners. This is the Capricorn Hotel at Marangu, forty minutes outside of Moshi. It is located at the entrance to Kalimanjaro National Park, start of most climbs. The hotel treated our large entourage to a first-rate luncheon and a tour of both the hotel facilities and the adjacent owner's residence, which features five bedrooms rented out as luxury suites when the Tanzanian owner (who lives overseas) is not in residence. In the afternoon, we made a brief appearance at a business development seminar for leaders from Kilimanjaro, Arusha and Tanga regions. As they had been in session all day and were trying to leave, this was our least productive venue. At the end of the day, our large local entourage disbanded. Professor Sarungi, the Regional Commissioner, graciously invited Maria and me to come to his official residence for drinks. He was a delightful host who personally served from his private stock. We then had a wrap-up session at the Keyes Hotel with Onesmo Ngowi and the Municipal Director. Both agreed it had been a very successful visit. In summary, it was a productive trip. There is much genuine enthusiasm for the sister cities link-up with Delray Beach, which has been embraced by the entire regional and municipal political leadership and by the business community, whose members fill most of the organizing committee's slot. Mr. Ngowi is clearly a popular and effective leader of the committee and also the appointed liaison to the Mayor's office. It is clear that there are elevated expectations of various forms of support from the Moshi side. We spent some effort reducing expectations without dousing their obvious enthusiasm. As a practical matter, there are in fact opportunities for investments that may well be of interest to residents of Delray Beach. However, we need to make sure it is clearly understood that this needs to be a mutually beneficial relationship that touches on cultural, professional and business bridges which may ultimately be built between our two cities. We should point out that the Moshi committee and the political leadership are anxiously looking forward to the anticipated Delray Beach delegation tentatively suggested for late June of 2000. (This is a time slot which meets with their approval) The Mayor specifically listed plans to decorate the down-town area with banners proclaiming it Delray Beach week, and to permanently rename a major downtown street Delray Beach Avenue. The intended street connects the municipal offices and the Regional Commissioner's offices. Finally, Maria and I had a private dinner in Dar es Salaam with President Mkapa at his residence and gave him a complete briefing of our visit. He was delighted with the developments so far and continues to take an active personal interest in it. We were not able to meet with the Rev. Charles Stith, U.S. Ambassador to Tanzania, but we have copied him in on our correspondence. Maria Nhambu Bergh and Kjell Bergh January 5, 2000 DELRAY BEACH SISTER CITIES ORG~kNIZING COMMITTEE TO ESTABLISH LINKAGE WITH MOSHI, TkNZkNIA Mike Applebaum Tennis Director, Safari Tour Guide Mark Baron and Susan Baron Owners, Native Accents African Art Gallery Kjell Sergh , Chairman, Bergh International Holdings; Transportation and Tourism companies in U.S.A and Tanzania Maria Nhambu Bergh Certified Fitness Instructor, Owner and Creator, Aerobics With Soul- The African Workout; native of Tanzania Jeff Caldwell Delray Beach Police Officer ChadoEe G. Durante Owner, Durante Realty and Insurance Agency K. Anthony Durante Delray Beach Police Officer Loll J. Durante Fashion Stylist and Fashion Journalist Dn Chades Eschenberg Retired Pediatrician Larry Gadto Delray Beach Fire Department Lieutenant Ned Gusty Director, Human Resources Department, City of Delray Beach Bertram Mensah .~ Retired Research and Development Tanzania for 15 years technician; missionary in Page Two Ngozi Mensah Educational Consultant for school systems classroom curriculums; lived in Tanzania for many years Clovis Modie Resource teacher at Carver Middle School Rose Newbold Delray Beach Poli~e Officer Jeff Pedman Publisher of Education T~mes newspaper WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreational opportunities in exemplary park enwronments; and WHEREAS, the Parks and Recreation Department held the 11th Annual Delray Beach Senior Games from January 28th through February 4, 2000 for participants over 50 years young; and WHEREAS, there were 11 athletic events, including golf, tennis, track and field, swimming, shuffleboard and table tennis; and WHEREAS, the Delray Beach 2000 Senior Games were designated an official regional qualifying site for the 2000 Florida State Senior Games; and WHEREAS, there were 250 contestants in the 2000 Senior Games, 14 of whom won 3 or more medals, as follows. Alvin Malthaner - 10 gold medals, all in swimming, Dr. Sid Sude - 10 gold medals (5 in track and field, 4 in swimming and I m basketball skills); Herbert Furash - 10 medals (9 gold and 1 silver, all in swimming); Fred Henderson - 8 gold medals, all in swimming; Helen Allen - 5 gold medals (3 in track and field, 1 in tennis and I in basketball skills); Bob MacLeod - 4 gold medals, all in track and field; Don Zaccardo - 4 silver medals, all in track and field; Justin Langsner - 4 medals (2 gold in track and field, 1 gold in basketball skills and 1 bronze in table tennis); Martin Quinn - 4 gold medals, all in track and field; Al Rogerson - 3 silver medals, all in swimming; Mark Reingold - 3 medals (1 gold and 1 bronze in table tennis, and I gold in basketball skills); Maxine Bodman - 3 gold medals (2 in tack and field and 1 in golf); Patnck Fitzgerald - 3 medals (1 gold in track and field, I silver in track and field, and I bronze in golf); and Richard Weinstein - 3 medals (1 gold and 2 silver, all in track and field). NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim that Alvin Malthaner, Dr. Sid Sude, Herbert Furash, Fred Henderson, Helen Allen, Bob MacLeod, Don Zaccardo, Justin Langsner, Martin Quinn, Al Rogerson, Mark Reingold, Maxine Bodman, Patrick Fitzgerald and Richard Weinstein are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. 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 21st day of March, 2000. Jay Alperin Mayor Request to be placed on: AGENDA REQUEST Date: February 24, 2000 XX Regular Ac~enda SpecialAgenda Workshop Agenda When: ~~ Descript~a item'Request issuing a Proclamation signed by the Mayor honoring multiple medal winners in the 2000 Senior Games. ORDINANCE/RESOLUTION REQUIRED' YES Draft Attached: YES Recommendation: Issue Proclamantion signed by Mayor. NO X NO X Determination of Consistency ~/~t~ Comprehensive 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: Received: Action: Approved No (if applicable) No Disapproved WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreational opportunities in exemplary park environments; and WHEREAS, the Parks and Recreation Department held its 11tn Annual Delray Beach Senior Games from January 28, 2000 through February 4, 2000 for participants over 50 years young; and WHEREAS, there were 11 athletic events, to wit, golf, tennis, track and field, swimming, health walk, basketball skills, bowling, lawn bowling, paddleball, shuffleboard and table tennis; and WHEREAS, the Delray Beach 2000 Senior Games were designated an official regional qualifying site for the 2000 Florida State Senior Games; and WHEREAS, there were 250 contestants in the 2000 Senior Games, 14 of whom won 3 or more medals, to wit as follows: Alvin Malthaner - 10 gold medals, all in swimming; Dr. Sid Sude - 10 gold medals (5 in track and field, 4 in swimming and 1 in basketball skills); Herbert Furash - 10 medals (9 gold and 1 silver, all in swimming); Fred Henderson - 8 gold medals, all in swimming; Helen Allen - 5 gold medals (3 in track and field, 1 in tennis and 1 in basketball skills); Bob MacLeod - 4 gold medals, all in track and field; Don Zaccardo - 4 silver medals, all in track and field; Justin Langsner - 4 medals (2 gold - track and field, 1 gold - basketball skills and 1 bronze - table tennis); Martin Quinn - 4 gold medals, all in track and field; A1 Rogerson - 3 silver medals, all in swimming; Mark Reingold - 3 medals (1 gold and 1 bronze in table tennis, and 1 gold in basketball skills); Maxine Bodman - 3 gold medals (2 in track and field and 1 in golf); Patrick Fitzgerald - 3 medals (1 gold in track and field, 1 silver in track and field, and 1 bronze in golf); and Richard Weinstein - 3 medals (1 gold and 2 silver, all in track and field), NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, do hereby proclaim that Alvin Malthaner, Dr. Sid Sude, Herbert Furash, Fred Henderson, Helen Allen, Bob MacLeod, Don Zaccardo, Justin Langsner, Martin Quinn, A1 Rogerson, Mark Reingold, Maxine Bodman, Patrick Fitzgerald and Richard Weinstein are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. IN WITNESS W~EREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 21st day of March, 2000. MAYOR JAY ALPERIN Multiple-Medal Winners # Name ' i0 .... Alvin Maltha~'er ...... Even~ Medal Swimming-lO0 backstroke Gold Swimming-100 IM Gold Swimming-50 butterfly Gold Swimming-100 freestyle Gold Swimming-50 freestyle Gold Swimming-100 breastsroke Gold Swimming-50 backstroke Gold Swimming-200 IM Swimming-100 butterfly Gold Gold Swimming-50 breastroke Gold 10 Herbert Furash Swimming-100 backstroke Silver Swimming- 100 IM Gold Swimming-50 butterfly Swimming-100 freestyle Gold Gold Swimming-50 freestyle Gold Swimming- 100 breastroke Gold Swimming - 50 backstroke Gold Swimming-200 IM Gold Swimming- 100 butterfly Gold Swimming-50 breastroke Gold 10 Sid Sude Basketball Skills Gold Track & Field-100 yd dash Gold Track & Field-200 yd dash gold Track & ,Field-long JULmP, Gold Track & Field-Discuss Gold Track & Field -,shotput Gold Swimming-100 backstroke Gold Swimming-100 freestyle Gold Swimming-50 freestyle Gold Swimming-50 backstroke Gold 8 Fred Henderson Simming-100 Backstroke Gold Swimming 100 IM Gold Swimming-50 butterfly Gold Swimming- 100 freestyle Gold Swimming-50 freestyle Gold Swimming-50 Backstroke Gold Swimming-200 IM Gold Swimming-50 breastroke Gold 5 Hellen Allen Basketball Skills Gold Track & Field-100 yd dash Gold Track & field-200 yd dash Gold Track & Field-400 yd dash Gold Tennis Gold 4 Bob Macleod Track & Field-long jump Gold Track & Field-Discuss Gold Track & Field-Triple jump Gold Track & Field - shotput Gold 4 Don Zaccardo Track & Field-long ju, mp, Silver Track & Field-Discuss Silver Track & Field-Triple Jump Silver Track & Field - shotput Silver 4 Justin Langsner Basketball Skills Gold Track & Field-100 yd dash Gold Track & Field-200 yd dash Gold Table Tennis Bronze 4 Martin Quinn Track & Field-100 yd dash Gold Track & Field-200 yd dash Gold Track & Field400 yd dash Gold Track & Field-800 yd dash Gold 3 Al Rogerson Swimming-100 IM Silver Swimming-50 butterfly Silver Swimming-200 IM Silver 3 Mark Reingold Basketball Skills Gold Table Tennis Bronze Table Tennis Gold 3 Maxine Bodman Track & Field-Discuss Gold Track & Field - shotput Gold Golf Gold 3"' Pat Fitzgerald Golf Bronze Track & Field-Discuss Silver Track & Field - Shotput Gold 3 Richard Weinstein Track & Field-100 yd dash Silver Track & Field-200 yd dash Gold Track & Field400 yd dash Silver WHEREAS, the City of Delray Beach, Flodda is pleased to observe International Building Safety Week as scheduled for April 2, 2000 through April 8, 2000; and WHEREAS, the purpose of this observance is to highlight the services provided by Building Departments in ensuring the public's safety in the built environment; and WHEREAS, International Building Safety Week promotes safety in building practices by calling attention to sound-building procedures used by contractors working in the City of Delray Beach. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the C~ty of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of April 2, 2000 through April 8, 2000 as "BUILDING SAFETY WEEK" in Delray Beach, Florida and commend the excellent job of all City staff who review building plans, enforce the city building codes and assist the community to ensure safety in the work-place, homes and recreational buildings throughout the city. 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 21st day of March, 2000. JAY ALPERIN MAYOR BERGH INTERNATIONAL ItOI,I)INGS 2201 North Federal Highway · Delray Beach, FL 33483 Sister Cities visit to Moshi, Tanzania November 23 and 24, 1999 KJELL BERGH Chmrman of ~he Board Maria Nhambu Bergh and Kjell Bergh represented the Delray Beach Sister C~t~es organizing committee in the first formal visit to Moshi, Tanzania. On arrival the night of November 23'~, 1999, we hosted the Municipal Director, Mr. Shaib Z. Muyinga for dinner at the Keyes Hotel. He outlined an ambitious agenda for the next day, which would include visits to a number of sites. Mr. Muyinga ~s an articulate, ambitious and very straight-forward chief of the permanent municipal staff. His position corresponds d~rectly with that of our city manager. (Mr. Muyinga himself personally prefers to use the title City Clerk.) Mr. Onesmo Ngowi, who had visited Delray Beach earlier in the year as Moshi's first official sister cities delegate and now heads up the Mosh~ organizing committee joined us for drinks after dinner. Immediately after breakfast on November 24'~, we were escorted to the offices of the Lord Mayor of Moshi, Councilor Denis N. Chuwa. We were warmly greeted and completed the customary signing of the guest book, before going into the Municipal Council chambers to meet the department heads and also the members of the Sister Cities organizing committee. In addition to the Lord Mayor and the Municipal Director, Onesmo Ngowi as head of the committee also joined us on the dais. I made a presentation and took questions in English, while Mafia did the same entirely in kiswahili, which made a deep impression on the assembly. Our next visit was to the offices of Professor Phillemon M. Sarungi, the Regional Commissioner of the Kilimanjaro region, one of 25 regions in Tanzania. Professor Sarungi, a retired orthopaedic surgeon and professor of medicine, holds a position and rank equal to that of Governor Jeb Bush. He is highly respected in the Tanzanian political system, having been referred to us by both President Benjamin William Mkapa and Tanzanian Ambassador Mustafa S. Nyang'anyi .He is most supportive and takes a great personal interest in our sister oties project. We signed the visitors protocol and enjoyed his enlightened and most cordial briefing on the region and on Moshi's role within it. BERGH MANAGEMENT CORP Delray Beach, FL BORTON VOLVO Mtnneapohs, MN BORTON VOLVO Delray Beach, FL BORTON VOLKSWAGEN De[ray Beach,, FL BORTON TRAVEL Mmneapohs, MN BORTON OVERSEAS Mmneapohs, MN AEROBICS WYrH SOUL' Mmneapohs, MN TARANGIRE SAFARI LODGE Tanzama, East Afxica SERENGETI SELECT SAFARIS Tanzama, East Afrxca -2- We were then invited on a long and interesting excursion primarily designed to highlight investment opportunities ~n tourism and general infrastructure, as well as projects ~n need of charitable support. Our first stop was to an area surrounding the downtown bus terminal, newly renovated and resurfaced through a Japanese grant. The area has been cleared of vendors' shantxes and is ready for commercial development, perhaps ~n combination with residentxal umts on upper levels. The site is ~n a choice downtown location and has much to commend ~t in terms of location and exposure. The next stop was the Kilimanjaro regional Library, one of only two remaining public , libraries in the region. They are in desperate need of funds to re-roof the bmld~ng and perform other deferred maintenance, let alone to replenish the badly outdated inventory of books and periodicals. Micro-fiche and computer facilities are not available. As an aside, we have since been contacted by Owen Cox, Carmel, Indiana, who has just returned from a one-year volunteer tour of duty in Moshi. He is raising funds for thxs purpose, with about $ 3 000 pledged against a goal $ 10 000. Participating ~n this worthwhile civic project might be an excellent way for the next sister cities delegalson to establish permanent good will in Mosh~. The subsequent stop was inside a large forest preserve of very tall indigenous trees providing a natural habitat for the rare red Colobus monkey. The forest is dose to the city centre and is suggested as a site for a major tourist development, such as a hotel or lodge. Because water treatment is one of the proposed th-partite grant application themes between Delray Beach and our sister cities in Japan and Moshi, we were taken to see a very large and impressive sewage treatment operation just going onstream just outside Moshi. It was designed to operate with minimum energy requirements, having no pumps or motorized actuator arms. An important stop was at the Kilimanjaro View Hotel, a well-built three-story hotel with 54 guest rooms plus conference rooms. It is located at the foot of Kilimanjaro ~n Moshi town and set in an enormous, spectacular garden with an oversize swimming pool. The hotel is 90% completed, but has never opened up as funding evaporated just short of the opening. They are looking for investors in what would absolutely be the top hotel in Moshi. (We have a complete pro forma with pictures.) -3- Not only the Mayor, the Municipal Director and the Regional Commissioner see the completion of this hotel as a top priority. President Mkapa has mentioned it to me twice as a highly desirable joint-venture project. We visited a second hotel, in successful operation and expanding, but also looking for joint-venture partners. This is the Capricorn Hotel at Marangu, forty minutes outside of Moshi. It is located at the entrance to Kilimanjaro National Park, start of most climbs. The hotel treated our large entourage to a first-rate luncheon and a tour of both the hotel facilities and the adjacent owner's residence, which features five bedrooms rented out as luxury suites when the Tanzanian owner (who lives overseas) is not in residence. In the afternoon, we made a brief appearance at a business development seminar for leaders from Kilimanjaro, Arusha and Tanga regions. As they had been in session all day and were trying to leave, this was our least productive venue. At the end of the day, our large local entourage disbanded. Professor Sarungi, the Regional Commissioner, graciously invited Maria and me to come to his official residence for drinks. He was a delightful host who personally served from his private stock. We then had a wrap-up session at the Keyes Hotel with Onesmo Ngowi and the Municipal Director. Both agreed it had been a very successful visit. In summary, it was a productive trip. There is much genuine enthusiasm for the sister cities link-up with Delray Beach, which has been embraced by the entire regional and municipal political leadership and by the business community, whose members fill most of the organizing committee's slot. Mr. Ngowi is clearly a popular and effective leader of the committee and also the appointed liaison to the Mayor's office. It is clear that there are elevated expectations of various forms of support from the Moshi side. We spent some effort reducing expectations without dousing their obvious enthusiasm. As a practical matter, there are in fact opportunities for investments that may well be of interest to residents of Delray Beach. However, we need to make sure it is clearly understood that this needs to be a mutually beneficial relationship that touches on cultural, professional and business bridges which may ultimately be built between our two cities. We should point out that the Moshi committee and the political leadership are anxiously looking forward to the anticipated Delray Beach delegation tentatively suggested for late June of 2000. (This is a time slot which meets with their approval) The Mayor specifically listed plans to decorate the down-town area with banners proclaiming it Delray Beach week, and to permanently rename a major downtown street Delray Beach Avenue. The intended street connects the mumc~pal offices and the Regional Commissioner's offices. Finally, Maria and I had a private dinner in Dar es Salaam with President Mkapa at his residence and gave h~m a complete briefing of our visit. He was delighted with the developments so far and continues to take an active personal interest in ~t. We were not able to meet with the Rev. Charles St~th, U.S. Ambassador to Tanzania, but we have copied him in on our correspondence. Maria Nhambu Bergh and Kjell Bergh January 5, 2000 DELRAY BEACH SISTER CITIES ORGANIZING COMI~ITTEE TO ESTABLISH LINKAGE WITH MOSHI, TANZA!NIA Mike Applebaum Tennis D~rector, Safar~ Tour Guide Mark Baron and Susan Baron Owners, Native Accents African Art Gallery Kjell Bergh , Chairman, Bergh InternatIonal Holdings; Transportation and Tourism companies in U.S.A and Tanzania Maria Nhambu Bergh Certified Fitness Instructor, Owner and Creator, Soul- The African Workout; native of Tanzania Jeff Caldwell Delray Beach Police Officer Aerobics W~th Chado~e G, Ourante Owner, Durante Realty and Insurance Agency K. Anthony Durante Delray Beach Police Officer Loll J. Durante Fashion Stylist and Fashion Journalist Dc Charles Eschenberg Retired ~ediatrician Larry Garito Delray Beach Fire Department Lieutenant Ned Gusty Director, Human Resources Department, City of Delray Beach Be~ram Mensah Retired Research and Development technician; mlsszonary in Tanzanma for 15 years Page Two Ngozi Mensah Educatzonal Consultant for school systems classroom curriculums; lived in Tanzanza for many years Clovis Modie Resource teacher at Carver Middle School Rose Newbold Delray Beach Polz~e Officer Jeff Perlman Publisher of Education Times newspaper RESOLUTION NO. 23-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DAVID E. RANDOLPH, SR. FOR HAVING SERVED THE CITY OF DRI.RAY BF_,ACH WITH DEDICATION AND DISTINCTION. WHEREAS, David E. Randolph, Sr. was first elected to the Delray Beach City Commission in 1974 and served in the capacity of City Commissioner through March of 1978. On March 13, 1990, David Randolph was again elected to the City Commission to serve as City Commissioner/Seat $$4. Mr. Randolph was subsequently re-elected to this office ~thout opposition in March of 1992, March of 1994, March of 1996 and March of 1998; and WHEREAS, David was appointed by his peers on the City Commission to serve as Vice- Mayor of the City of Delray Beach for the terms March 1991/1992 and March 1996/1997; and WHEREAS, during his tenure as a City Commissioner, Delray Beach was the redpient of the 1993 Ail America City Award, was named "The Best Run Town in Florida" by Florida Trend magazine, and has achieved national as well as international recognition for successful redevelopment in concert with a highly desirable quality of hfe; and WHERRAS, in addition to his duties as City Commissioner and as a successful local businessman, David has consistendy demonstrated his commitment to the improvement of his community, having served as Charter Member of the Delray Beach Sunrise Kiwanis Club, President and Vice-President of the Palm Beach County League of Cities, member of the Community Redevelopment Agency from its inception in 1985 through 1989, Charter Member and Past President of Florida A&M University Alumni Association, Board Member of the Roots Cultural Festival, Inc., Board Member of The Center for Technology, Enterprise & Development (TED Center), and co-founder of the Young Men's Progressive Club; and WHEREAS, David's sense of community service is furthered through his association with Sherman W{lhams Post 188/Amexican Legion, the Masons, and Greater Mount Olive Missionary Baptist Church where he serves on the Usher Board. In addinon, David is well known in the community for his mentoring of countless young men and women, his assistance through his carpentry skills to the elderly and seniors in need of his help, and his efforts in bringing the first Sickle Cell Anemia screening to Dekay Beach as well as securing national medical assistance for sickle cell patients. With all of this, he still found time to become an avid bowler and golfer; and WHERRAS, David E. Randolph, Sr. has shown unsdfish dedication in the performance of his duties as Commissioner and has unfailingly given his energy, knowledge and talents to the betterment of the City; and WHERRAS, tree to his oath, David Randolph has well and faithfully performed the duties of Commissioner of the City of Delray Beach; and WHEREAS, Mr. Randolph will be leaving the City Commission on March 30, 2000, and the expertise and knowledge provided by this dynamic and dedicated individual will be sorely missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DFJJRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends CO31MIS$IO)VERDfl VIDE I?,AN~OZ.P~, SR. for his exemplary record of dedicated and faithful public sermce. Section 2. That the City Commission hereby extends the heartfelt thanks of a grateful citizenry for a job well done, and for your willingness and ability to usher the City of Delray Beach through what was truly a "Decade of Excellence" into the 21~t Centmy. Section 3. That the City Commission further wishes David Randolph the very best of health and happiness in all of his future endeavors. PASSED AND ADOPTED in reguhr session on this the 21st day of March, 2000, by acclamation of the Delray Beach City Commission. ATTEST: - city dl ,r tr RESOLUTION NO. 24-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MAYOR JAY ALPERIN FOR HAVING SERVED THE CITY OF DFJ.RAY BEACH WITH DEDICATION AND DISTINCTION. WHEREAS, Jay Alperin was elected to the office of City Commissioner/Seat #2 on March 13, 1990, and was subsequently re-elected to that office mithout oppodtion in March of 1992 and March of 1994. He was appointed by his peers on the City Commission to serve as Vice-Mayor of the City of Delray Beach for the term March 1992/1993; and WHEREAS, Jay Alperin was dected to the office of Mayor of the City of Delray Beach without opposition in March, 1996, and was re-elected Mayor in March of 1998, again without opposition; and WHEREAS, during his tenure on the City Commission, Delray Beach was the recipient of the 1993 All America City Award, was named "The Best Run Town in Florida" by Florida Trend magazine, and has achieved national as well as international recognition for successful redevelopment in concert with a highly desirable quality of life; and WHERFJAS, in addition to his duties as City Commissioner and Mayor, and as a successful local professional, Mayor A1perin has consistently demonstrated his commitment to the improvement of his community, having actively served on the Board of Directors and as a member of the Greater Delray Beach Chamber of Commerce, member of the Delray Beach Sunrise Kiwanis Club since 1973, earning that organization's "Man of the Year" award in 1997, founder of the Delray Beach Drug Task Force, founder of the Delray Beach Cultural Alliance, Board Member of The Fxaends of Sandoway House Nature Center, Board Member of Palm Beach Photographic Center, Board Member of "TAG" (Together Against Gangs), Advisory Board to the "I Have A Dream" Foundation, member of the Palm Beach County Tourist Development Council, Palm Beach County Cultural Council Planning Committee, Palm Beach County Educational Concurrency Task Force, Palm Beach County Intergovernmental Coordinating Council, Palm Beach County Beaches & Shores Committee, as well as The League of Women Voters and MAD DADS, among others; and WHEREAS, Mayor Alperin is actively involved with his professional organizations, including the American Dental Association, Florida Dental Association, Atlantic Coast District Dental Society and the South Palm Beach County Dental Society, among others too numerous to mention; and WHEREAS, in addition, Jay has given of his time and expertise in service through two (2) terms on the Advisory Committee to the South County Technical Training Center, the Health Planning Council for Palm Beach, Martin, St. Lucie, Indian River and Okeechobee Counties, participation in free health care programs to provide dental care and services to migrant children and low-income persons, and has also volunteered his time as President of Delray Shores Civic Association and later as Board Member and Vice President of Sherwood Park Civic Association, and as an Atlantic High School Hilltopper; and WHEREAS, in his spare time, Mayor Alperin has been known to enjoy a round of golf or an afternoon of boating and fishing; and WHERF_~S, Jay Alpefin has shown unselfish dedication in the performance of his duties as Commissioner and Mayor, and has unfailingly given his energy, knowledge and talents to the betterment of the City; and WHEREAS, tree to his oath, Jay A1perin has well and faithfully performed the duties of City Commissioner and Mayor of the City of Delray Beach; and WHEREAS, Mayor Alperin will be leaving the City Commission on March 30, 2000, and the expertise and knowledge provided by this dynamic and dedicated individual will be sorely missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Dekay Beach hereby recognizes and commends m_.a YO~R./rA Y~ILP~'R/2Vfor his exemplary record of dechcated and faithful public service. Section 2. That the City Commission hereby extends the heartfelt thanks of a grateful citizenry for a job well done, and for your willingness and ability to usher the City of Delray Beach through what was truly a "Decade of Excellence" into the 21'* Century. Section 3. That the City Commission further wishes Mayor Alperin the very best of health and happiness in all of his future endeavors. PASSED AND ADOPTED in regular session on this the 21't day of March, 2000, by acclamation of the Delray Beach City Commission. ATTEST: City Clerl~ ' MAYOR-ELECT TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGER ~ ~,,,,~ MEETING OF MARCH 21, 2000 *CONSENT AGENDA* ABANDONMENT OF AN EAST-WEST ALLEY LYING WITHIN BLOCK 108, TOWN OF LINTON (DELRAY) PLAT, LOCATED APPROXIMATELY IN THE MIDDLE OF BLOCK 108, APPROXIMATLEY 240 FEET SOUTH OF N.E. 1sT STREET. BACKGROUND The request involves abandoning an irregularly shaped alleyway, containing 4,683 square feet (0.11 acres). The subject alley is actually made up three different parcels (please see map on first page of attached staff report). Together the three parcels form an east-west alleyway, providing access between N.E. 5th Avenue and N.E. 6th Avenue. The alley was previously used as internal circulation for the recently demolished bank. The abandonment request was submitted by the owner of the former Republic Bank parcel (1.59 acres), who plans to redevelop the site as a mixed-use project (residential-office), known as Town Square. The applicant received Site Plan Approval at the Site Plan Review and Appearance Board meeting of October 20, 1999, and Final Plat Approval at the City Commission meeting of March 7, 2000. The subject right-of-way is currently unimproved, however municipal water & sewer mains, a natural gas main, and BellSouth facilities are located within the subject area. The utilities will be relocated at the applicant's expense, to accommodate the proposed development. All issues concerning existing, proposed and/or relocated utilities have been satisfactorily addressed through the approved site plan and plat. Additional background and analysis of this request is provided in the attached Planning & Zoning Board Staff Report. PLANNING ANDZONING BOARD CONSIDERATION At its meeting of August 16, 1999, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 6 to 0 to recommend approval, with the condition that the disposition of all utilities is satisfactorily addressed through the site plan and platting processes, before proceeding to the City Commission for final approval. Board member Dan Carter abstained from this vote, as he is the landscape architect for this project. RECOMMENDED ACTION By motion, approve the abandonment of right-of-way based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of August 16, 1999 S:\ P&Z~board$\citycommission\TownSquare-aban.doc RESOLUTION NO. 21-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN EAST/WEST AIJ.EY RIGHT-OF-WAY LYING WITHIN BLOCK 108, TOWN OF LINTON (DELRAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of an east/west alley right-of-way lying within Block 108, Town of Linton (Delray Beach), as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public heating on August 16, 1999, and voted to recommend approval of the abandonment, based upon posture findings pursuant to LDR Section 2.4.6(0)(5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said east/west alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: All of that certain Alley as &scribed in Official Record Book 1903, Page 1043, of the Public Records of Palm Beach County, Florida, lying in Lots 4 and 13, Block 108, MAP OF THE TOWN OF LINTON (DF. LRAY BEACH), according to the Plat thereof recorded in Plat Book 1 at Page 3 of said Public Records, being more particularly described as follows: That portion of Lot 4, Block 108, lying South of the North 48 feet thereof, and that portion of Lot 13, Block 108, lying South of the North 24 feet thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. TOGETHER WITH A portion of that certain sixteen foot (16') alley lying adjacent to Lots 4 and 13, Block 108, MAP OF THE TOWN OF LINTON (DELRAY BEACH), according to the Plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: BEGINNING at the southwest comer of said Lot 13; thence North 88 degrees 48'4Y' West (assumed bearing), along the westerly extension of the south line of said Lot 13, a distance of 8.00 feet; thence North 00 degrees 01'27" East, 2.87 feet to a point on the easterly extension of the south line of said Lot 4; thence North 89 degrees 23'25" West, along said easterly extension, 8.00 feet to the southeast comer of said Lot 4; thence North 00 degrees 01'27" East, along the east line of said Lot 4, a distance of 15.58 feet to a point lying 48.00 feet south of the northeast comer of said Lot 4; thence South 88 degrees 33'22" East, 16.00 feet to a point on the west line of said Lot 13, lying 24.00 feet south of the northwest comer of said Lot 13; thence South 00 degrees 01'27" West, along said west line of said Lot 13, a distance of 18.29 feet to the POINT OF BEGINNING. The subject property is located approximately 240 feet south of N.E. lS' Street, between N.E. 5~h Avenue (southbound Federal Highway) and N.E. 6~ Avenue (northbound Federal Highway), and contains 0.11 acres, more or less. PASSED AND ADOPTED in regular session on this the 21st day of March, 2000. AWl'EST: - - ~ City Clerk - 2 - Res. No. 21-00 ._.j .._j ,"~ E 1 ST I N.£. ~ ATLANTIC ..T_ L -'c PLAZA zi , Ld ~1 I z I : A TLAN TI 0 A VE N U E I > I LJ u.i, I d LJ .uJ '-a U'~ i _ ~4 I ~41 ' N ~ - ABANDONMENT - =~ 0,. ~,~¥ ..:^:,. ~, TOWN SQUARE -- .D~,~.. ~,.e~£ ~ 5'~.~/~'_-,u' -- M&z~ RE*' PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 16, 1999 V.F. Abandonment of an EastJVCest Alleyway, Lying Approximately 240 Feet South of N E. 1st Street, Between N.E. 5'" Avenue (Southbound Federal Highway) and N.E. 6'h Avenue (Northbound Federal Highway), m Conjunction with the Town Square Development, a Mixed-Use Project (Residential and Office) GENERAL DATA: Owner/Applicant ............................ 100 North Federal, Inc. .Agent .............................................. Cary Glickstein Apphcant_ ....................................... Ironwood Properties, Inc. Location ......................................... Approximately 240 feet south' of N.F_. 1st Street, between N.E. 5th Avenue (Southbound Federal Highway) and N.E. 6th Avenue (Northbound Federal Highway) Property Size ................................. 0.095 Acre Existing Future Land Use Map Designation .................................... Commercial Core Current Zoning ............................... CBD (Central Business District) Adjacent Zoning ................... North: CBD East CBD South: CBD West: CBD Existing Land Use .......................... Improved alleyway Proposed Land Use ....................... Subject alleyway is to be aggregated into proposed Town Square mixed-use development Water Service ................................ F_xisting on site Sewer Service ................................ E. xisting on site ATLA I_1 2ND ST. ~ST ST./ NTIC AVENUE V.F. ITEM BEFORE THE BOARD .... -. ;. - .= The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of an east-west alley lying within Block 108, Town of Linton (Delray) Plat. The subject alley is located approximately in the middle of Block 108, 240 feet south of N.E. 1st Street. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The alleyway extends from N.E. 6~h Avenue (northbound Federal Hwy.), on the east, to N.E. 5~ Avenue (southbound Federal Hwy.), on the west. The Subject alley is actually made up of three parcels of land, each with their own legal description (see inset). .c~. LOT 12 z~i z LOT 4 < < -- LOT 13 ' .'~''~', , ~ " :' ;..'/' /. ~ ',.~. ,, LOT 5 LOT 1. I Parcel "A" was dedicated with the recordation of the Town of Linton (Delray) Plat, dated July 29, 1896 (Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida). Parcels "B & C" were dedicated by a Grant of Easement, dated May 20, 1971 (OR Book 1903, Page 1043, of the Public Records of Palm Beach County, Florida). A narrow landscape buffer, consisting of several trees and a 13' Ficus hedge, are currently located on the southern end of parcels B & C. Parcel A: This portion of the subject alleyway is an irregularly shaped parcel, containing approximately 270 sqft. Parcel "A" represents the northern most portion of the platted north-south alley in Block 108. The Town of Linton Plat shows the original alley extending north from Parcel "A" to N.E. 1st Street. This portion was abandoned by Resolution #17-71, dated May 24, 1971. Planning and Zoning Board Staff Report Town Square R-O-W Abandonment Page 2 Parcel B: Parcel "B" is the south 15.58 feet of Lot 4, Block 108, and contains approximately 1,974 sqft. Parcel "B" is directly adjacent to Parcel "A" to the west. Parcel C: Parcel "C" is an irregularly shaped parcel, which represents approximately the south 19 feet of Lot 13, Block 108. This parcel contains approximately 2,439 sqft., and is directly adjacent to Parcel "A" on the east. Together, Parcels A, B, & C function as a single alleyway with a straight north line, and a jagged southern line. All three parcels are paved, and provide ingress fr6m N.E. 5th Avenue, and ingress/egress from N.E. 6th Avenue, primarily functioning as part of the internal circulation .pattern of the Republic Bank site. Parcel "A" also connects to the remainder of the north-south alley, providing cross access to the parking lot of the Colony Hotel to the south. The abandonment request was submitted by the owner of the Republic Bank parcel (1.59 acres), who plans to demolish the existing building and redevelop the site as a mixed-use project (residential-office), known as Town Square. The applicant has concurrently submitted for Site Plan Approval, Abandonment of Easements, and Plat Approval, for the intended project. Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and retumed equally to abutting parcels. Accordingly, the Applicant is entitled to the entirety of the subject abandonment, as they are the fee simple owners of Lots 4 & 13, Block 108. Parcel "A", created through a platted subdivision, is completely adjacent to Lot 4 on the west, and Lot 13 on the east. Parcel "B" was created entirely from Lot 4, and Parcel "C" was entirely created from Lot 13. improvements in the Alley As stated previously, a narrow landscape buffer, consisting of several trees and a 13' Ficus hedge, are currently located on the southern end of parcels B & C. In addition, the landscaping surrounding a dumpster enclosure slightly encroaches into the northern portion of Parcel "A". Planning and Zoning Board Staff Report Town Square R-O-W Abandonment Page 3 - __ Utility Services No utilities have been identified in Parcels "B" or "c". A 4" water main and an 8" sanitary sewer line are located in Parcel "A". The Environmental Services Department has requested that the applicant provide acceptable alternatives for the provision of these services in the proposed Town Square development. The relocation of the water & sewer lines is being' addressed in the concurrent site plan and plat application. Satisfactory disposition of these utilities, via the aforementioned approvals, will be a condition of approval of this abandonment. The Florida Public Utilities Company has identified a 4" natural gas main also running through Parcel "A". The applicant has not addressed the relocation of this utility to date, nor is it shown on the submitted survey. The applicant will need to address this issue as part of the site plan & plat submissions. Satisfactory disposition of this issue will be a condition of approval for this abandonment. In addition a revised survey, showing the gas line in question, will be required. BellSouth has also identified existing utilities in the alley, which were not identified on the submitted survey. In addition to a revised survey, showing the utilities in question, the applicant will be required to address the relocation of said utilities. Satisfactory disposition of this issue will be a condition of approval for this abandonment. As of the time of writing this report, Florida Power & Light has not responded to our written request for identification of electrical utilities. In order for this abandonment to move forward, ali FPL comments will need to be addressed, if there are any. The City's Fire Department has reviewed the request and has no objection to the abandonment. Adelphia Cable has also reviewed the requested abandonment, and has no objection. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, water & sewer mains, Florida Public Utilities, and BellSouth services are located within the subject alleyway. The relocation of these utilities will be addressed with the associated site plan and plat submissions. Planning and Zoning Board Staff Report Town Square R-O-W Abandonment Page 4 The approval and recordation of the plat will be conditions of approval for this abandonment. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject alley will not prevent access to any adjacent parcel, as all parcels front on N.E. 5th Avenue or N.E. 6~ Avenue, and have or could create ingress/egress points to these rights-of-way. C)- That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. All utilities currently located in the subject alley will be relocated so that they will provide the same or better services to the adjacent lots. This will be a condition of approval for this abandonment. According to plans submitted by the applicant, a dumpster enclosure is to be located on Parcel "A". This enclosure will be accessed from the north-south alley, located to the south of the property. There will no longer be cross access between the Colony Hotel and the parcel to the north, and the ability will no longer exist for use of the alley by the hotel. However, alternative access to the Federal Highway pairs is available directly from the Colony Hotel property. Additionally, as the subject alley has been maintained as part of the Republic Bank site, it has the appearance of a private drive. The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency), and the DDA (Downtown Development Authority). The CRA considered the Town Square mixed-use development at its July 22nd meeting, and recommended approval. The DDA also recommended approval after reviewing the development proposal at the July 21st meeting. The development proposal is not within a geographical area requiring review by the HPB (Historic Preservation Board). ,Courtesy Notices: Courtesy notices have been provided to the following: Delray Beach Chamber of Commerce PROD - Progressive Residents of Delray Planning and Zoning Board Staff Report Town Square R-O-W Abandonment Page 5 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at . the Planning and Zoning Board meeting. As the alleyway is improved and is currently functioning as part of the intemal circulation pattern of the existing bank building, the impact of the abandonment on the Colony Hotel parking lot will be minimal. The purpose of the abandonment is to incorporate the vacated area with the adjacent parcels to the north in an overall development plan. Disposition of existing utility services located within subject area must be resolved before this abandonment can advance to the City Commission for final approval. Continue with direction. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend to the City Commission approval of the abandonment of the east-west alley within Block 108, Town of Linton (Delray) Plat, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the condition that the disposition of all utilities is satisfactorily addressed through the site plan and platting processes, before proceeding to the City Commission for final approval. LAND DESCRIPTION PORTION OF 16' ALLEY IN BLOCK '108 MAP OF THE TOWN OF LINTON (DELRAY BEACH) A portion of that certain 16' alley lying adjacent to Lots 4 and 13, Block 108, MAP OF TH__. TOWN OF LINTON (DELRAY BEACH), according to the plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Flodda, being more particularly described as follows: BEGINNING at the southwest comer of said Lot 13; THENCE North 88°48'43" West (assumed bearing), along the west~dy extention of the south line of said Lot 13, a distance of 8.00 feet; THENCE North 00°01'27" East, 2.87 feet to a point on the eastedy extention of the south line of said Lot 4; THENCE North 89°23' 25" West, along said eastedy extention, 8.00 feet to the southeast comer of said Lot 4; THENCE North 00°01'27'' East, along the east line of said Lot 4, a distance of 15.58 feet to a point lying 48.00 feet south of the northeast comer of said Lot 4; THENCE South 88°33' 22" East, 16.00 feet to a point on t~e west line of said Lot 13, lying 24.00 feet south of the northwest comer of said Lot 13; THENCE South 00°01'27'' West, along said west line of said Lot 13, a distance of 18.29 feet to the Point of Beginning. Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing 261 square feet, more or less. Land Description Prepared By:. SHAH, DROTOS & ASSOCIATES 1885 W. Commercial Blvd., Suite 190 Fort Lauderdale, Florida 33309 Prepared by: MDR Checked by:. MDR Project No.: 99-0471 July 22, 1999 Sheet 1 of 2 Sheets L ,' nF ~ 1...,' L ',~ ~..~ TO BE '/ACATED · ' TOWN OF L!NTON (DELRAY BEACH). (P~l, PGS 3, PBCR) $CkLE- ~'=SO' ,.4,-- I,!E ~ st LD1 I CO't 2 STREET LD~ I~ CO, T 12, ,.~;~ ........ ~ sw ~,',~-,.m ~,~ ~,>, 1 :'~?i '~'"'"'"""" ~' "=~" """: J l FO~_ THE FIRN'. SHE-_--T, 2 0'- 2 "lr~ ! ~r,r_Ff.H OF D':'S:P,,,='TiDN · ,:~, .:,lOIN ~ DWI,: ' DATE I ~,:,.--: J CHKD J LAND DESCRIPTION ALLEY AND UTILITY EASEMENT IN BLOCK 108 MAP OF THE TOWN OF LINTON (DELI:~,Y BEACH) All of that certain Alley and U*Jlity Easement, as described in Official Records Book 1903, Page 1043 of the Public Records of Palm Beach County, Florida, lying in Lots 4 and 13, Block 108, MAP OF THE TOWN OF LINTON (DELRAY BEACH), according to the plat thereof, recorded in Plat Book 1, Page 3 of said Public Records, being more particularly described as follows: That portion of Lot 4, Block 108, lying South of the North 48 feet thereof, and that portion of Lot 13, Block 108, lying South of the North 24 feet thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing 4,385 square feet, more or less. Land Description Prepared By:. SHAH, DROTOS & ASSOCIATES 1885 W. Commercial Blvd., Suite 190 Fort Lauderdale, Florida 33309 Prepared by:. MDR Checked bT. MDR Project No.: 99-0471 July 22, 1999 Sheet 1 of 2 Sheets IC' = I TO -2- VACATED TO',V['J OF'L,t'.'"I-r:'', o,~ (DELRAY BEAC.H) (PB~. F'G$ 3, PBCR) i 0:_:: I I LO'f ~ LOT 10 4 --I-- N""'--' 0'71VAC.D;'.'~ /~.~IE FIRM. BY: FLORIDA R[G!STR,,r.(Ti,DN NC,. 5_~B -_--.EET 2 OF 2 .:-ED'S i i ! / P, Ev!SIOI'4S I. Dwi,' ~ ~' '~'r~)~,_ 1. FB/~G CHKD --'"~-------- SHAH I~~ DROIOS MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER fffJ'~ AGENDA ITEM ~'. ~. - REGULAR MEETING OF MARCH 21, 2000 FINAL PLAT APPROVAL/LAMBERT TRAILER COURT/MODEL LAND COMPANY REPLAT NO. 1 MARCH 15, 2000 This is before the Commission to approve the final subdivision plat for 'Lambert Trailer Court / Model Land Company Replat No. 1', a two lot commercial subdivision which is proposed to be developed with a Walgreens on Parcel "A" and a hotel on Parcel "B". The subject property is located on the south s~de of S.E. l0th Street, between the Federal H~ghway parrs (S.E. 5th and 6th Avenues). The project was approved by the Site Plan Review and Appearance Board on November 17, 1999. A condition of approval was that a subdimsion plat be recorded prior to the tssuance of any building perrmts. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for 'Lambert Trader Court / Model Land Company Replat No. 1'. RefiAgmemol 0 Final Plat. Lambert Trader Court City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engine~tJ~,~ March 10, 2000 SUBJECT: Lambert Trailer Court I Model Land Company Replat No. 1 Please find the a agenda request for Commission approval of the subdivision plat for Lambert Trailer Court / Model Land Company Replat No. 1 attached. I have also enclosed a location map, and a reduced copy of the plat. The site is located between SE 6th Avenue and SE 5th Avenue South of SE 10th Street. Site plan approval was granted on November 17, 1999, by the Site Plan Review and Appearance Board. The subdivision provides for a Walgree6'~ Pharmacy and a Hotel. If acceptable, please schedule this item for the March 21, 2000 Commission meeting. Encl. CC: Richard C. Hasko, P.E., ESD Director Randal L. Krejcarek, P.E., City Engineer Paul Dorling, Principal Planner Janet Meeks, Senior Planner s:~engadmin~tactSE 10~h Street Retail Hotel~Agenda 3-21-00. doc ,, I _ !J,, ~jl : I~ I d~" ~; "; - ! Pill ,, '., II,, ~, . I~ . ,,, '' i Ii, ~ J . ~ i I~ ., I -, . J . i. 1 J, J,j~ ,i,l, . Ir'J,-I ,,, I; '~! J ,' , j.i,'~ t . JJlJl IIl,i,~.lh i Agenda Item No. ~.~. Request to be placed on: Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: Mar. 10, 2000 When: Mar. 21, 2000 Description of item (who, what, where, how much):Approval of the Subdivision Plat of Lambert Trailer Court / Model Land Company Replat No. 1. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Lambert Trailer Court / Mode/L~and Company Relolat No. 1. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): 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 Tac:SE l0th Street Retail/Hotel file:s/engadmin/tac/ tac-SE l0th Street Retail Hotel/agenda 3-21-00.doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN CITY MANAGER ~ DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING MICHELLE E."OYLAND, PLANNER~~ ~1~ MEETING OF MARCH 21, 2000 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH SE 3"u AVENUE OFFICES. The action requested of the City Commission is acceptance of a right-of-way deed associated with the SE 3rd Avenue Offices, located on the east side of SE 3rd Avenue between SE 2nd Street and SE 1st Street, within the CBD (Central Business District) zoning district. At its meeting of February 2, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for the 3rd Avenue Offices subject to conditions, which included recordation of a right-of-way deed. The approval was for the construction of a 5,135 sq. ft. office building with associated parking and landscaping. Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk shall be constructed within the street right-of-way and shall be constructed adjacent to the right-of-way line. Currently, a 5' wide sidewalk exists on the west side of the subject property adjacent to SE 3rd Avenue. However, as the existing sidewalk is not located within the boundaries of the adjacent SE 3rd Avenue right-of-way, a 5' right-of-way dedication must be made to accommodate the existing sidewalk. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the right-of-way deed associated with the SE 3rd Avenue Offices. Attachments: Location Map Reduced Site Plan Right-of-Way Deed NE 1ST ST N,F. ~ST ST OLD SCHOOL SQUARE ATLANTIC S.E 1ST ST S E S E 2ND ST. S.E AVENUE L 1ST 2ND 3RD ST BUD'S ST. ST CITY OFD£LRAYBEACH. FL PLANNING z~ ZONINGDEPARTMENT THIRD AVENUE OFFICES --- DIGI)',41_ ~$E M-,4P $~"~7E"M -- MAP REF: LM424 3rd Avenue Offices $.E. 2nd Avenue Delray Beach, Florida ...I:~C:HA1LD C. JO~,. F__.S A.I.A. AI:),.Cl .ITI:LCT I Prepared by: RETURN: R. Brian Shutt, Esq. Cit~ Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this J0f~, day of ~--C ~ , 200~ between ~/tTI~ICZ. L'{~o(~4 . _ ~ ~wi~_~ a ~il~g address of OF DEL~Y BEACH, ~~A, a ~ori~ mu~cipal co~orafion ~ a m~ling ad&ess of 1~ N.W. 1st Avenue, Dekay Beth, Ho~ 33~, as p~y of ~e s~ond p~. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second pan, its successors and assigns, all right, title, interest, claim and demand which the party of the f~rst part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" at~ached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and casement in and to said lands for public highway, street, and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or 1lens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. Party of the first par~ does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right aud lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with ail and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors a~l assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. .~ ~~~ ~ delivered (Name printed or typed) (Name printed or typed) STATE OFo~ COUNTY The foregoing_instrument was acknowledged_ before me/4~is ~ to me or h~as produced __ as i ¢io l.~ ~ ~ignatlfl'e of Notary l:~blic' o , ~yc~m~,,~ cc~,~50~ Sate of Florida =>.~C~1 _.~_~ Expos -~ar~s~ 27. 2001 2 EXHIBIT A LEGAL DESCRIPTION THE WEST 5.0 FEET OF LOT 5, LESS THE NORTH 5.2 FEET THEREOF, TOGETHER W1TH THE WEST 5.0 FEET OF LOTS 6 AND 7, LESS THE SOUTH 37.4 FEET THEREOF, BLOCK 94, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3 (SHEET 2) OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 20.0' L~I 20.0' I ORDER NO. 85-162 S. LINE OF LOT 7-~ -- EXHIBIT "A " SHEET I OF 1 SKETCH OF DESCRIPHON NO TES: THIS IS NOT A SURVEY ~ = CENTERLINE DESCRIPUO~ THE WEST 5 FEET OF LOT 5, LESS THE NORTH 5.2 FEET THEREOF, TOGETHER WITH THE WEST 5 FEET OF LOTS 6 AND 7, LESS THE SOUTH 57.4 FEET THEREOF, BLOCK 94, TOWN OF LINTON, (NOW DELRA Y BEACH,), ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK I, PAGE (SHEET 2) OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FL ORIDA. PAUL D. ENCLE ~ SURVEYOR & ~iAPPER ~5708 DA TE: MAR. 6. 2000 O'BRIEN, SUITER & O~RIEN /NC CERTIFIGA TE OF AUTHO~i~'A T/ON SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: JOHN N. SU/TER 2601 NORTH FEDERAL H/Gl/WA Y DELRAY BEACH FLORIDA 3`7485 (561) 276-4501 (561) 732-,7279 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~'t9 . REGULAR MEETING OF MARCH 21, 2000 GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DATE: - DISTRICT (CITY MARINA RENOVATIONS) MARCH 17, 2000 This is before the City Commission for formal authorization to submit an application to the Florida Inland Navigation District (F.I.N.D.) for funding in the amount of $81,000 to assist with the renovations at the C~ty Marina. Resolution No. 25-00 is included as part of the grant application and formalizes the request for funding assistance. The total cost of the project is $402,000. The $81,000 being sought from F.I.N.D. represents twenty percent (20%) of the total cost. Since any funding received from the Dismct must be used for the direct benefit of waterway users, their dollars will be used to assist with seawall repairs, dock repairs, building renovations and to correct drainage problems. This is a reimbursement type grant. City funding for the entire project is available from 426-4311- 575-65.23 (City Marina Renovations) and 426-4311-581-99.01 (City Marina Project Reserve). Recommend approval of the grant application and Resolution No. 25-00, and authorize staff to submit to the Florida Inland Navigation District. Ref.'Agmemol 1.F.I.N.D. Grant. City Marina Renovations [IT¥ OF DELRR¥ BER£K 100 N.W. 1st AVENUE ~993 MEMORANDUM DELRAY BEACH, FLORIDA 33444 561/243-7000 TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Joe Weldon~{rector of Parks and Recreation March 10, 2000 REQUEST ITEM BE PLACED ON MARCH 21 CITY COMMISSION AGENDA. We have asked Doug Randolph to assist this Department in maldng application to the Florida Inland Navigation District for funding in the amount of $81,000 or 20% of the total cost of $402,000 to assist in the renovation of the Delray Beach Municipal Marina. The entire project will involve altering the traffic flow and parking, refurbishing the Indoor facilities to make them ADA accessible and developing a linear park for the benefit of the marina guests and neighborhood residents. We have discussed our project with officials from FIND and while they see the benefits of our entire project their funds must be used for the direct benefit of the waterway users. We therefore are seeking their funds to assist with the seawall repairs, dock repairs, building renovations and correct drainage problems. The application deadline is March 31, 2000 and we request this item be placed on the March 21 agenda for City Commission approval to submit. This is a reimbursement type grant with City funding coming from the City Marina Fund. A copy of the required resolution has been forwarded to the City Attorney for review and approval. attachments doc/kp/dgr l~ffed O~ Recycle~ Paper THE EFFORT ALWAYS MATTERS I:iT¥ OF DELFII:i¥ BEI:II:H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Ali,America City 1993 DATE: March 13, 2000 MEMORANDUM Wntcr's Dtrcct Line 561/243-7091 TO: Doug Randolph, Training and Development Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Resolutions for Assistance under the Florida Inland Navigation District Waterways Assistance Program The attached two grant applications are acceptable as to legal sufficiency and form. Attachments Co? ATTACHMENT E-1. APPLICATION CHECKLIST (To be completed by the Applicant) This checklist and the other items listed below in items 1 through 12 constitute your application. The required information shall be submitted in the order listed. Any additional information submitted by the applicant is subject to being removed from the package by District staff prior to presentation to the District Board because of reproduction and space considerations. Two (2) copies of your application are required. Ali information is required to be on 8 1/2" x 11" paper. Maps and drawings may be on 8 1/2" x 14" paper and folded to 8 1/2" x 11" so that they may be folded out after being hole punched and bound in a book. Application Reviewed by Local District Commissioner (District Commissioner must initial the yes line on this checklist for the application to be accepted for processing) Assistance Application Form No. 90-22 ( 2 pages) (Form must be completed and signed) Project Evaluation and Rating Form No. 91-25 (Form must be completed, no signatures required) Project Cost Estimate Form No. 90-25 (1 page) (Must be on District form) Official Resolution Form No. 90-1 i (2 pages) (ResMutlon must be in District format and include items 1-6) Proof of Land Ownership (Must follow format of Form No. 94-26, legal descriptions alone are not acceptable) X 7. Project Timeline. × × 8. County Location Map ATTACHMENT E-1 (Continued) APPLICATION CHECKLIST (To be completed by the Applicant) 9. City Location Map (if applicable) × 10. Project Boundary Map X 11. Site Development Map x 12. Copies of all Required Permits X~, ('Required of development projects only) (*) - Will be submitted as soon as possible but no later then Sept. 21 The undersigned, as applicant, acknowledges that Items 1 through 11 above constitutes a complete application and that this information is due in the District office no later than June 02, 2000 or my application will be deemed incomplete at that time and removed from any further consideration by the District. I also acknowledge that the information in Item 12 is due to the District no later than the final TRIM Hearing in September 2000. If the information in Item 12 is not submitted to the District office by the District's final TRIM heating in September 2000, I am aware that my application will be removed from any further funding consideration by the District. Joe Weldon, Director of Parks and Recreation APPLICANT'S LIAISON Form No. 90-26 New 9/2/92, Revised 4/12/95. ATTACHMENT E-2 WATERWAYS ASSISTANCE PROGRAM PROJECT APPLICATION APPLICANT INFORMATION Applicant: City of Delray Beach Project Title: I)elray Beach Municipal Marina Liaison Agent: Joe Weldon Title: Director of Parks and Recreation Address: 50 N.W. 1st. Avenue Delray Beach, FL. Zip Code: 33444 Telephone: (561) 243-7~51 FA.X: (561) 243-3774 I hereby certify that the information provided in this application is true and accurate. Signature: Date: David T. Harden, City Manager Date Received: FIND OFFICE USE Local FIND Commissioner Approval: All Required Supporting Documents: Applicant Eligibility: Project Eligibility: Compliance with Rule 66B-2 F.A.C.: Eligibility of Project Cost: Form No. 90-22 New 10/14/92, Rev. 6/24/93. ATTACHMENT E-3 PROJECT INFORMATION Total Project Cost: $ 402,000 Assistance % of total cost 20~ Amount and Source of Applicants Matching Funds: FIND Assistance Requested: $ 81,000 $321,000 from City of Delray Beach Marina Fund Other Assistance applied for (name of program and amount). Ownership of Project Site (check one): Own X Leased If leased, please describe lessor term and conditions: Other Project type (check one, or more of the following project elements that are part of your project). Public navigation channel dredging Public navigation aids and markers Public boat ramps and launching facilities Public boat docking and mooting facilities Public shoreline stabilization Inlet management Waterway signs and buoys for safety, regulation or information Public spoil disposal site development Waterways related environmental education programs and facilities Public fishing and viewing piers Public waterfront boardwalks Waterways boating safety programs and equipment Beach renourishment Other waterway related projects Permits Required: Agency Yes NO N/A Date Avplied For Date Received WMD Yes DEP ACOE N/A COUNTY/CITY Yas Other May 15, 2000 May 15, 2000 Prior to due Form No. 90-22 (New 10-14-92, Rev.6~24~93.) ATTACHMENT E-4 WATERWAYS ASSISTANCE PROGRAM APPLICATION EVALUATION AND RATING FORM The applicant is to complete this form by entering the project title, applicant name and answers to the applicable questions. Do not answer with more than three sentences. All applicants will answer the fh'st part of the form which includes questions 1 through I 1. Each applicant will then complete the questions in one and only one attachment according to the applicant's project type. The applicant should determine his project type (if the project incorporates more than one project type) by determining which project type is dominate in terms of project cost. The attachments that are not applicable to an applicant's project should not be included in the submitted application. APPLICATION TITLE: Delray Beach Municipal*Marina APPLICANT: City of Delray Beach CATEGORY RATING & RATING POINTS POINTS AVAILABLE EVALUATION CRITERIA PRIORITY LIST (1-$ points) (1) Where does the project rank on this years approved project priority list? (Applicant should refer to Attachment C in the application to determine project priority list ranking. The application may only be of one type based upon the dominate cost of the elements of the project.) This project is eight on this years-approved project list ranking (Public Boat Docking & Mooring Facilities) WATERWAY RELATIONSHIP (1-3.5 points) (2) How does the project directly relate to District waterways? The Delray Beach Municipal Marina is located on the Intracoastal Waterway on the East side of Marine Way Road in Delray Beach. The marina has boat slips and dockage for 24 boats. The facility has restrooms, showers, laundry facilities and a sewage pump out station. While the project is comprehensive in nature with traffic flow alterations and the development of a linear park we are only asking for funding assistance in the areas most related to waterway users, i.e. seawall repairs, dock repairs, building renovations and drainage. (I-3.5 points) (3) Does the project benefit public navigation? Yes, the Delray Beach Municipal Marina offers an affordable and convenient mooring facility for the general public. PUBLIC USAGE & BENEFIT (1-3 points) (4) Is the public usage of this project dearly quantified? Yes, this is a city owned marina for use by the public. Currently there is an estimated three-year wait for space at the marina. The rates remain extremely reasonable at 30 cents per foot for boats up to the maximum allowed length of 55 feet. It should be noted that 2 temporary use slips are available at Veterans Park, some 200 yards to the North. (1-4.5 points) (5) Can the project be reasonably used by residents ~om other counties of the District? Yes, there are no special allowances made to Delray Beach residents on the use of these facilities. This marina is easily accessed from the Intracoastal Waterway and is open to the general public. 2 TIMELINESS (1-5 points) (6) Has the applicant presented a reasonable timeline for the completion of the project? July 1, 2000 ............ Bids will be advertised August 1, 2000 .......... Bids opened August 15, 2000 ......... Bids awarded October 1, 2000 ......... Commence work April 1, 2001 ........... Complete work COST- EFFECTIVENESS (1-2.5 points) (7) Does the project provide a reasonable public service for the money requested? The planned linear park concept and gazebo will serve to enhance the marina and surrounding area. The requested funds will be used to make the public utility building accessible and more user friendly', correct drainage and irrigation problems, replace a badly deteriorated cap on the seawall, and replace wood decking and fencing on the docks themselves. These improvements are essential to the overall project and in allowing this facility to serve the needs of the boating community into the 21st. century. (1-2.5 points) (8) To what degree does the project demonstrate cost sharing or funding from other sources? The City of Delray Beach will provide the matching funds to complete this project. VIABILITY (1-2 points) '(9) To what extent does the project duplicate existing effo~s? This project does not duplicate any existing efforts. 3 (1-2 points) (lO) City personnel maintain this marina. How will the project continue to be maintained after District funding ceases? (1-3.5 points) (11) Will the program result in significant and lasting benefiu? In 1987 the City of Delray Beach spent $164,000 to replace the seawall at the City Marina. In 1988, the City, with a matching grant of-$75,000 from FIND, r~placed ten (10) finger piers at the Marina. With our Marina, we are seeking to develop something new and exciting by expanding and enhancing the existing facilities and greenspace into a linear park concept. Your funding will assist with the core areas of this plan. FIND FORM NO. 91-25 Rev. 4 ATTACHMENT E-4A WATERWAYS ASSISTANCE PROGRAM APPLICATION EVALUATION AND RATING FORM DEVELOPMENT & CONSTRUCTION PROJECTS THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OF BEACH RENOURISHMENT PROJECT. CATEGORY RATING & RATING POINTS POINTS AVAILABLE EVALUATION CRITERIA (1-2.5 points) Ail permits will (12) Have all permits been applied for? If so, when? (If the project is a Phase I project a minimum score of 2 points will be awarded) be applied for by May 15, 2000 (1-2.5 points) We expect to have the permits (13) Has the project received all of the required permits? (If the project is a Phase I project a minimum score of 2 points will be awarded) in hand prior to the due date of September 21, 2000. 5 (1-1.5 points) (14) Has the design work been completed? (A Phase I project ~411 be evaluated based upon the design work completed to date.) Yes, the firm of David Miller and Associates, 2090 Palm Beach Lakes Blvd., Suite 205 West Palm Beach, Fi. 3340.~ has completed the design work. (1-2.5 points) (15) Are the construction materials of lasting quality? Yes, all materials will be for exterior exposed usage and minimal maintenance. Wood on the docks will be pressure treated lumber and attached with stainless connectors. The bulkhead will be repaired with high strength concrete. Materials and upgrades will meet and/or exceed all applicable codes. For informational purposes, the upgraded sidewalk will be done with brickpavers. The reconfiguration of the street and parking spaces will be paved with asphalt over subgrade. (1-2.S points) (16) Are the construction techniques appropriate for the project site? If the project is a boat ramp does the site have a sewage pump out facility? Yes, the construction and landscaping techniques proposed for this site are common and accepted to the South Florida area. RATING POINT TOTAL (Note: The maximum score possible is 50 points and the minimum score possible is 16 points. A score of 35 points is required to be considered for funding.) Form No. 91-25A 6 ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: APPLICANT: Delray Beach Municipal Marina City of Delray Beach Project Elements Quantity Estimated (Number and/or Cost Footage) Applicant's Cost FIND Cost Clearing $12,000 $12,000 Mobilization, Traffic Maintenance $12,000 $12,000 Demolition $30,000 $30,000 Sidewalks (Brick) $30,000 $30,000 Roadway Construction $42,000 $42,000 Parking Area Construction $18,000 $18,000 Signage/Striping $ 6,000 $ 6,000 Light Poles $36,000 $36,000 Trees $12,000 $12,000 Gazebos (2) $24,000 $24,000 Trellis (2) $18,000 $18,000 Sod/Drainage/Irrigation (Water Quality Improvement) $42,000 $21,000 Building Renovation (Make bathroom/laundry area accessible) $48,000 $24,000 Dock repairs (Wood) $18,000 $ 9,000 Dock Gates/Fencing $18,000 $ 9,000 Seawall Repairs $36,000 $18,000 None None None None None None None None None None None $21,000 $24,000 $ 9,000 $ 9,000 $18,ooo TOTALS $402,000 $321,000 $81,000 Form No. 90-25 (New 10/14/92) ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM (RESOLUTION NO. 25-00) WHEREAS, THE City of Delray Beach is interested in carrying out the (Name of Agency) following described project for the enjoyment ofthe citizenry of Delray Beach and the State of Florida: Pr~e~ Tkle Delrav Beach Munlcioal Marina TotM E~im~ed Cost $ a02.000 (Funds requested from F.I.N.D. = $81,000) BfiefDescriptionofPr~e~: The Delray Beach Municipal Marina is located on the Intracoastal Waterway in Delray Beach. The marina has boat slips and dockage facilities for 24 boats. The marina has restrooms, showers, laundry facilities, and a sewage pump out station. We are seeking matching funds for seawall repairs, dock repairs, building renovation and ~o correct drainage problems. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the that the project described above be authorized, City Commission of the (Name Of Agency) City of Delray Beach A]ffD, be it further resolved that said City Commission of the City of Delray Beach (Name Of Agency) make application to the Florida Inland Navigation District in the amount of 20 % of the actual cost of the project in behalf of said AND, be it further resolved by the that it certifies to the following: City of Delray Beach (Name of Agency) City Commission of the City of Delray Beach (Name of Agency) 1. That it will accept th~ terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-I1 (Rev. 10-14-92) (1) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Delray Beach for public use. (Name of ,4 gency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons aa well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requeste~t, a post-audit ofexpenses incurred on the project prior to, or in conjunction with, request for the final 10% ofthe funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy ora resolution duly and City Commission of the legally adopted by the City of Delta7 Beach at a legal meeting held on this 21 ttay.of March 2000 . Title Hayor Title City Clerk ~3ignatt~re/Alison M~cGregor Harry Form No. 90-11 (Rev. 10-14-92) (2) ATTORNEYS CERTIFICATION OF TITLE OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA 200 N.W. 1st Avenue Delray Beach, FL 3~444 February 17, 2000 To Whom It May Concern: I, R.-Brian Shutt, am an attorney for the City of Delray Beach, Florida. I hereby state that I have examined a copy of a deed from Zook Palm Nurseries, Inc. to the City of Delray Beach dated December 20, 1933 conveying the following described property: All W of CNL BLK 134, according to the Plat thereof, recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. I have also examined a document showing that this property is listed on the tax rolls as belonging to the City of Delray Beach. Finally, I have also examined a plat indicating that this property is owned by the City of Delray Beach. The property is what is now called the "City Marina". I certify that the City of Delray Beach does in fact own this property. OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA R. Brian Shutt, Esq. Assistant City Attorney ~tl,~rlRtrr, Made this ---~.Off;h .... day oL_llg.cemb.e~. ......... A. D. 19~.~._, BETWEEN ..... _~..~.~-QK..~',~,~,L. h.'~.;~,~,~ ,~ ~. ,...~: ;~. ,.., ....................a corporation existing under the laws of the State of .... ~..!.o_.rJ...d.~. ................ , having its principal place of busines., in the Coun of Palm Beach and ta of Florida ty .......................... 5 te .................................. of the first part, party part. y__ of the second part, WITNES,SJ~TH, that the ~id party of the first part, for ~nd in con- sideration of the sum of__T..e_n_ d. ol. lara arui. other valuable corlald, eratl orl~lr,:q, to it in hand paid, the receipt whereof 15 hereby acknowledged, has granted, barga, incd, sold allen- ed, rcmised~ released, conveyed and confirmed, and by these present: doth grant, barg:tln, sell, alien, r~misc~rclease, convey a~d confirm~ unto thc said part...Y~ of thc second part and LIOCe tll~ or · l~'t~ and assigns forever, all that certain parcel of land lying and being in the County of ....... .~PAl,.l~...B..q.8..q~l, ...... and State of_. Fl0 r more particularly described as follows: ....... Wee*, of ~he rlor£~ Eas~, {loan*, Canal w£~ht, fl, ~.he (I ~ of Delta Beech, Pal~ Beach Count[, Flor£~a. TOGETHER with ail thc tenements, hcrcdltaments and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belong or in anywise appertaining: TO HAVE AND TO HOLD the same in fee simple forever. And the said party of the first part does covenant with the said part...¥._ of the second part that it ,s lawfully seized of the said premises; that they are free of all e,cumbrances, and that it has good fight and lawful authority to sell the same; and the said party of the first part does hereby fully warrant the title to said land~ and will defend the same against the lawful claims of all per° sons r-,Xa~v~ge~, hol~ln6 by, ~hrou6h or uneier · ;:;" .... "4 ' :;' ........ '."(C · orporate ,,... Seal) '."loci ~.~ , Attest' ..:~,~c~ ~.~~_ .......... ' ~i-e ta ry. IN WITNESS WHEREOF, the said party of the first part has caused these presents to [ac signed in its name by its President, and its corporate seal to be affixed, attested by its.._~eczm.~ar~ ........ the day and year above written. Signed, sealed and delivered in presence of: ] ...... ' ": ' - ' " ...................... STATE OF . . FIZIRrD,'~ t 1'. COUNTY OF p~,&r _B"~ . I HEREBY CERTIFY, That o, this_~.~ o~__~~. ............ ~. D. I~..5.~., ~fore mc ~on~ly ap~r~.~ym~nd S. ~nm~ ....... md .... ~g~oo~_~$ _~resp~ivd~ Pr~sldent and ..... t.~.~.0_~g ..... of __~.~~~~~_I~.t~ ................................ a corpo~tioa under tM h~ of te S~l~ of ?lOrt~t to ~ ~own to be ~e pe~ns des~d ~ and who e~ted' the foreleg conve~ce' to~he..~tg..~e~..~ea~..~ a ~'i ~ ~ and ~ve~l~ a~no~led~d ~e exertion thereof to ~ their free aa and de~ as such o~icers, the u~s ~d pu~s therein mentlonedl ~ ~at the~ a~cd thereto the offici~ ~l o~ mid cot- the dar and year last aforesaid. .,, :., J 1~' :~... ,.'%,-~n~,.... ,', -'. .... ~ '.. .... '. }°6 ~.:,,. - ..., ... _potation, and the said instrument is the ac~ and deed of said corl~tion. WITNESS my sign'-ata,-e and official s~al a~__.~:eat_~.a~ r~...Be~ in the CountT of PaLm Beach ,and State otL, 'IiX i,. ;'"' ~ :ii'° ~ ~ - .= z ~ ! = ,. ,,,~ . IlL ~ ~'= o' ., ~= :. ~~ ATTACHMENT E-8 WATERWAYS ASSISTANCE PROGRAM PROJECT TIMELINE The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including completion dates, as applicable, for; permitting, design, bidding, applicant approvals, initiation of construction and completion of consmaction. Completion By: Ail Permitting ............................................... September 21, 2000 Final Design ................................................. May 15, 2000 Bidding ...................................................... August 15, 2000 Applicant Approvals .......................................... As determined by F.I.N. Initiation of Construction ................................... October 1, 2000 Completion of Construction ................................... April 1, 2001 FIND Form 96-10 PALN BEAOH COUNTY, FLO~iOA DELRA¥ S.E. lST BUD'S ATLANTIC PLAZA ATLANTIC S.E. 2ND II F ~ S.E 3RD ST ST VETERANS PARK LOWRY T DELRA Y ~ SUMMIT ~ CONDO '~ BARR TERRACE ! CONDO, I ,I R/VER I RESORT AVENUE BAR SEA GA TE TOWERS LANCER WAY PLANNING ,~ ZONING DEPARTMENT N ~IT¥ OF' D£LRAY B[ACH, ItL CITY MARINA MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM-- g' ~' - REGULAR MEETING OF MARCH 21, 2000 GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT (PROPERTY ACOUISITION) MARCH 17, 2000 This is before the City Commission for formal authorization to submit an application to the Florida Inland Navigation District (F.I.N.D.) for funding in the mount of $70,000 to assist with the purchase of the Odabachmn property located on the east side of U.S. I-hghway #1, adjacent to Parcel MSA 650 which the City recently leased from F.I.N.D. The property will be used for additional boat trailer parking and as the first step in developing a second public boat ramp and hunching facility in the City. Resolution No. 26-00 is included as part of the grant application and formalizes the request for funding assistance. The cost of the property acquisition is $140,000.00, so the $70,000 being sought from F.I.N.D. represents fifty percent (50%) of the total cost. This is a reimbursement type grant. City funding for the property acquisition will be from the General Construction Fund (FY 2001 Capatal Improvement Program), pending approval during the budget process. Recommend approval of the grant application and Resolution No. 26-00, and authorize staff to submit to the Florida Inland Navigation D~strict. RefiAgmemol 1.F.I.N.D. Grant. Odabachian Property Acquisation £1TV gF OELRI:IV BEI:I£H 1993 100 N.W, 1st AVENUE MEMORANDUM DELRAYBEACH, FLORIDA 33444 561/243-7000 TO~ FROM: DATE: SUBJECT: David T. H[rd~n, City Manager Joe Weldon~'Director of Parks and Recreation March 10, 2000 REQUEST ITEM BE PLACED ON MARCH 21 CITY COMMISSION AGENDA. We have asked Doug Randolph to assist this Department in making application to the Florida Inland Navigation District for funding in the amount of $70,000 or 50% of the total cost of $140,000 to purchase the Odabachian property for additional boat trailer parking and as the first step in developing a second public boat ramp and launching facility in the City. The .39 acre site is in an ideal location for this purpose since it is located on U.S. 1 and is adjacent to parcel MSA 650 which the City Commission has agreed to lease from the Florida Inland Navigation District. Increased usage of Knowles Park during the season and weekends underscores the need for additional boat launching facilities. We will return to the Florida Inland Navigation District for funding assistance in the development of this property for parking as well as building a boat ramp and bathroom facility for public use on Parcel MSA 650. We have discussed our project with officials from FIND and this is the first year that they will entertain the funding of acquisition projects. They will do so only if the land is used for trailer parking as is our proposal. The application deadline is March 31, 2000 and we request this item be placed on the March 21 agenda for City Commission approval to submit. This is a reimbursement type grant with City funding coming from the Recreation Impact Fund. A copy of the required resolution has been forwarded to the City Attorney for review and approval. attachments doc/kp/dgr l~nnte~ o~ Recycle~ Pa,oor THE EFFORT ALWAYS MATTERS [lTV OF DELRI:IV BErlI:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Ail. America City 1993 DATE: March 13, 2000 MEMORANDUM Writer's Direct Line 561/243-7091 TO: Doug Randolph, Training and Development Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Resolutions for Assistance under the Florida Inland Navigation District Waterways Assistance Program The attached two grant applications are acceptable as to legal sufficiency and form. Attachments ATTACHMENT E-1. APPLICATION CHECKLIST (To be completed by the Applicant) Co p~ This checklist and the other items listed below in items 1 through 12 constitute your application. The required information shall be submitted in the order listed. Any additional information submitted by the applicant is subject to being removed from the package by District staff prior to presentation to the District Board because of reproduction and space considerations. Two (2) copies of your application are required. All information is required to be on 8 1/2" x 11" paper. Maps and drawings may be on 8 1/2" x 14" paper and folded to 8 1/2" x 11" so that they may be folded out after being hole punched and bound in a book. Application Reviewed by Local District Commissioner (District Commissioner must initial the yes line on this checldist for the application to be accepted for processing) ) Assistance Application Form No. 90-22 ( 2 pages) (Form must be completed and signed) X Project Evaluation and Rating Form No. 91-25 (Form must be completed, no signatures required) X Project Cost Estimate Form No. 90-25 (l page) (Must be on District form) Official Resolution Form No. 9(~-11 (2 pages) (Resolution must be in District format and include items 1-6) X X Proof of Land Ownership NOTE: Land Acquisition Project N/A (Must follow format of Form No. 94-26, legal descriptions alone are not acceptable) 7. Project Timeline. x 8. County Location Map X ATTACHMENT E-1 (Continued) APPLICATION CHECKLIST (To be completed by the Applicant) 10. 11. 12. City Location Map (if applicable) Project Boundary Map Site Development Map Copies of all Required Permits (Required of development projects only) X N/A N/A The undersigned, as applicant, acknowledges that Items 1 through 11 above constitutes a complete application and that this information is due in the District office no later than June 02, 2000 or my application will be deemed incomplete at that time and removed from any further consideration by the District. I also acknowledge that the information in Item 12 is due to the District no later than the final TRIM Hearing in September 2000. If the information in Item 12 is not submitted to the District office by the District's final TRIM hearing in September 2000, I am aware that my application will be removed from any further funding consideration by the District. Joe Weldon, Parks and Recreation Director APPLICANT'S LIAISON Form No. 90-26 New 9/2/92, Revised 4/12/95. ATTACHMENT E-2 WATERWAYS ASSISTANCE PROGRAM PROJECT APPLICATION APPLICANT INFORMATION Applicant: City of Delray Beach Project Title: Land Acquisition Pro~ect-Odabachian Property Liaison Agent: Joe Weldon Title: Director of Parks and Recreation Address: 50 N.W. 1st. Avenue Delray Beach, FL. Zip Code: 33444 Telephone: (561) 243-7251 FAX: (561) 243-3774 I hereby certify that the information provided in this application is true* and accurate. Signature: Date: David T. Harden, City Manager Date Received: FIND OFFICE USE Local FIND Commissioner Approval: All Required Supporting Documents: Applicant Eligibility: Project Eligibility: Compliance with Rule 66B-2 F.A.C.: Eligibility of Project Cost: Form No. 90-22 New 10/14/92, Rev. 6/24/93. ATTACHMENT E-3 PROJECT INFORMATION TotalProject Cost: $ 140,000 Assistance % of total cost 50% Amount and Source of Applicants Matching Funds: FIND Assistance Requested: $ $70,000 from Recreation Impact Fund 70,000 Other Assistance applied for (name of program and amount) Ownership of Project Site (check one): Own Leased If leased, please describe lessor term and conditions: Other This project is to purchase property Project type (check one, or more of the following project elements that are part ofyour project). Public navigation channel dredging Public navigation aids and markers Public boat ramps and launching facilities (NOTE: Future Development) Public boat docking and mooring facilities Public shoreline stabilization Inlet management Waterway signs and buoys for safety, regulation or information Public spoil disposal site development Waterways related environmental education programs and facilities Public fishing and viewing piers Public waterfront boardwalks Waterways boating safety programs and equipment Beach renourishment Other waterway related projects (This project is to purchase land that will be the first step in developing a boat launching facility Permits Required: This land will be used for trailer parking) Agency Yes NO N/A Date Applied For Date Received %~MI) N/A DEP N/A ACOE N/A COUNTY/CITY ~/a Other N/A X X Form No. 90-22 (New I0-14-92, Rev.6/24~93.) ATTACHMENT E-4 WATERWAYS ASSISTANCE PROGRAM APPLICATION EVALUATION AND RATING FORM The applicant is to complete tiffs form by entering the project title, applicant name and answers to the applicable questions. Do not answer with more than three sentences. All applicants will answer the first part of the form which includes questions 1 through 1 I. Each applicant will then complete the questions in one and only one attachment according to the applicant's project type. The applicant should determine his project type (if the project incorporates more than one project type) by determining which project type is dominate in terms of project cost. The attachments that are not applicable to an applicant's project should not be included in the submitted application. APPLICATION TITLE: Land Acquisition Projec[-Odabachian Property APPLICANT: City of Delray Beach CATEGORY RATING & RATING POINTS POINTS AVAILABLE EVALUATION CRITERIA PRIORITY LIST (1-5 points) (1) Where does the project rank on this years approved project priority list? (Applicant should refer to Attachment C in the application to determine project priority list ranking. The application may only bo of one type based upon the dominate cost of the elements of the project.) This project is seventh on this years approved project list ranking (Public Boat Ramps and Launching facilities and Land Acquisition for additional trailer parking at an existing boat ramp). This project is the first step in developing a second boat launching facility for public use in the City. WATERWAY RELATIONSHIP (1-3.5 points) (2) How does the project dkectly relate to District waterways? The City wants to purchase the Odabachian property for additional boat ~railer parking and as the first step in developing a second public boat ramp and launching facility in the City. The .39 acre site is in an ideal location for this purpose since it is located on U.S. 1 and is adjacent to Parcel MSA 650 which the City Commission has agreed to lease from the Florida Inland Navigation District. This area is 250 yards south of the Knowles Park boat launching facility where extensive improvements have been made with F.I.N.D assistance. (1-3.5 points) (3) Does the project benefit public navigation? It is becoming more difficult to find reasonably priced land in a location that can be used for Intracoastal waterway users. The Odabachian property has space for 21 car/trailers and would serve as the first step in developing a second boat launching facility for public use in the City. PUBLIC USAGE * & BENEFIT (1-3 points) (4) Is the public usage of this project clearly quantified? Increased usage of Knowles Park during the season and weekends underscores the need for additional boat launching facilities. Purchasing this property is the first step in this process. We will return to F.I.N.D. for funding assistance in the development of this property for parking as well as building a boat ramp and bathroom facility for public use on Parcel MSA 650. (1-4.S points) (.5) Can the project be reasonably used by residents from other counties of the District? Yes, there are no special allowances made to Delray Beach residents on the use of any of our facilities. ~"nis area is easily accessed from the Intracoastal Waterway and Federal Highway. TIMELINESS (1-5 points) (6) Has the applicant presented a reasonable timeline for the completion of the project? This property is currently for sale. The City of Delray Beach would purchase the property in October, 2000 after executing the project agreement with the Florida Inland Navigation District. COST- EFFECTIVENESS (1-2.5 points) (7) Does the project provide a reasonable public service for the money requested? This property can be purchased for $140,000. We feel this to be a reasonable price given the location and potential public use. The g~owth of our City in recent years has impacted all of our public facilities including the need to provide adequate boat launching facilities. The addition of this second boat launching facility will allow our City to meet the increasing demand for many years in~-o the future. (1-2.5 points) (8) To what degree does the project demons~ate cost sharing or funding from other sources? The City of Delray Beach will provide the 50/50 match of funds to purchase this property. VIABILITY (1-2 points) (9) To what extent does the project duplicate existing effo~s? This project is the first step in developing a second boat launching facility for public use in the City of Delray Beach. Increased usage of the Knowles Park boat launching facilities during the season and weekends underscores the need for additional boat launching facilities. (1-2 points) (10) How will the project continue to be maintained after District funding ceases? City personnel will maintain this property. (1-3.5 points) (11) Will the program result in significant and lasting benefits? The Florida Inland Navagation District has been extremely supportive of our efforts to improve and maintain our facilities and structures for the benefit of those using the District Waterways.Through your efforts, we have just completed major improvements at Knowles Park that will result in increased usage and public satisfaction. We believe that with your help, taking this first step in developing a second boat launching facility will demonstrate our mutual understanding and willingness to meet future public needs. FrND FORM NO. 91-25 Rev. 4 ATTACHMENT E-4A WATERWAYS ASSISTANCE PROGRAM APPLICATION EVALUATION AND RATING FORM DEVELOPMENT & CONSTRUCTION PROJECTS THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OF BEACH RENOURISHMENT PROJECT. CATEGORY RATING & RATING POINTS POINTS AVAILABLE EVALUATION CRITERIA (1-2.5 points) This is a land aquisition (12) project; Have all permits been applied for? If so, when? (If the project is a Phase I project a minimum score of 2 points will be awarded) Permits are not required. (1-2.Spoints) This is a land acquisition (13) project; Has the project received all of the required permits? (If the project is a Phase I project a minimum score of 2 points will be awarded) Permits are not required. 5 (1-1.5 points) (14) Has the design work been completed? (A Phase I project will be evaluated based upon the design work completed to date.) The purchase of this property is the first step in developing a boat launching facility. When the City secures matching funds, we will return to F.I.N.D. for funding assistance in the development of this property for parking as well as building a boat ramp and bathroom facility for public use on Parcel MSA 650. (1-2.5 points) (15) Are the construction materials of lasting quality? At this time, we are only requesting funding assistance for the purchase of this property for future development. (1-2.5 points) (16) Are the construction techniques appropriate for the project site? If the project is a boat ramp does the site have a sewage pump out facility? When we return to F.I.N.D. with our proposal to develop the boat launching facility, we will include a sewage pump out station in our plans. RATING POINT TOTAL (Note: The maximum score possible is 50 points and the minimum score possible is 16 points. A score of 35 points is required to be considered for funding.) Form No. 91-25A 6 ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: APPLICANT: Land Acquisition Project-Odabachian Property City of Delray Beach Project Elements Quantity Estimated Applicant's (Number and/or Cost Cost Footage) FIND Cost Purchase of Odabachian Property $140,000 $ 70,000 $ 70,000 TOTALS $140,000 $ 70,000 $ 70,000 Form No. 90-25 (New 10/14/92) ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM (RESOLUTION NO. 26-00) WHEREAS, THE City of Delray Beach is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of ,Delray Beach and the State of Florida: Title Land Acquisition .~roject-Odabachian Propert7 Total Estimated Cost $ 1.40,000 (Funds requested from F.I.N.D.= $ .70.,000) BdefDescription of Pr~ect: Increased usage of Knowles Park during the season and weekends underscores the need for additional boat launching facilities. The City wants to purchase the Odabachian property to use for additional boat trailer parking and as the first step in developing a second public boat ramp and launching facility in the City. This property is adjacent to Parcel MSA 650 which the City Commission has agreed to lease from F.I.N.D. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the City Commission of the City of Delra¥ Beach (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City Commission of the Cit~ of Delray Beach (Name of Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said AND, be it further resolved by the that it certifies to the following: City of Delrav B**~h (Name of Agency) City Commission of the City of Delray Beach (Name of Agency) 1. That it will accept the'terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-I 1 (Rex'. 10-14-~}2) (1) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Delray Beach for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent ofthe Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relatifig to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND ifrequestec~, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certi~ that the foregoing is a true and correct copy ora resolution duly and City Commission of the legally adopted by the City of Delray Beach held on this 21 _dall of, March ~///Atte/Jay Alp~rin. Title Mayor at a legal meeting 20,90. Sig~nat~r~/Alison MacGregor Harry Title City Clerk Form No. 90-11 (Rev. 10-14-92) (2) ATTACHMENT E-8 WATERWAYS ASSISTANCE PROGRAM PROJECT TIMELINE The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including completion dates, as applicable, for; permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. The City Attorney's Office is currently reviewing and preparing the proper documents in order to purchase this property from the owner. The City of Delray Beach would purchase the property in October 2000 after executing the project agreement with the Florida Inland Navigation District. FIND Form 96-10 oo COUNTY, FLOR'FDA D ELKAY BEACH ~LSON AVl CENTRAL AVE CURRIE COMMONS s£ THE PLA ZA AT DELRA Y 9TH 10TH DELRA Y PLACE CONDOS EXECUTIVE OUAR TERS -- FLORANDA TRAILER PARK S.£. 12TH RD WOODS BANYAN TREE LANE OLD HARBOUR PLAZA $.£ 8TH BARNETT DRIYE- THRU 5TH AVE GRILL MIAMI ST. DOMAINE DE!..RA Y HARBOUR (- ~DE TREE VILLAGE M.S.A. 650 HARBOURS EDGE HARBOURS EDGE ~ z LINTON BOULEVARD t N CITY OF' DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ODABACHIAN PROPERTY -- OlGlr~t. 8,45£ MAP $~J/TM -- MEMORANDUM TO: FROM: SUBJECT: DATE: _ MAYOR AND CITY COMMISSIONERS CITY MANAGEP~4"( AGENDA ITEM ~/~. - REGULAR MEETING OF MARCH 21, 2000 GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT (POLICE BOAT) MARCH 17, 2000 This is before the City Commission for formal authorization to submit an application to the Florida Inland Navigation District (F.I.N.D.) for funding in the mount of $47,229 to assist with the purchase of a Police boat to patrol and enforce boating laws on the Intracoastal Waterway and associated canals. The boat will also be used for inland water operations as well as public education initiatives. Resolution No. 27-00 is included as part of the grant application and formalizes the request for funding assistance. The cost of the boat is $62,974, so the $47,229 being sought from F.I.N.D. represents seventy-five percent (75%) of the total cost. This ~s a reimbursement type grant. If the grant is approved, funding for the City's share of 25% will be from the General Construction Fund (FY 2001 Capital Improvement Program), pending approval during the budget process. Recommend approval of the grant application and Resolution No. 27-00, and authorize staff to submit to the Florida Inland Navigation District. Ref~gmemol 1 F.I.N.D. Grant. Police Boat [IT¥ OF DELRI:I¥ BER£K DELRAY BEACH AII-.~kmdeaCity 100 N.W. 1st AVENUE 1993 DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager (~LU~ Richard Overman, Chief of Police March 6, 2000 We have asked Doug Randolph to assist this Department in making application to the Florida Inland Navigation District for funding in the amount of $47,229 or 75% of the total cost of $62,974 to purchase a police boat to patrol and enforce boating laws on the Intracoastal Waterway and associated canals. This boat will also be used for inland water operations as well as public education initiatives. This boat will augment the mutual aid agreements that are in place with other law enforcement agencies to assist with disaster recovery, interdiction, and training. The application deadline is March 31, 2000 and we request this item be placed on the March 21 agenda for City Commission approval to submit. This is a reimbursement type grant with City funding coming from the Police Department Capital Improvement Fund. A copy of the required resolution has been forwarded to the City Attorney for review and approval. Attachments Doc/boat/dgr l~r~t~ c~ F~ecycle~ Paper THE EFFORT ALWAYS MATTERS [IT¥ OF DELflR¥ BER[H CITY ATTORK£Y'S OFFICE DELRAY BEACH 1993 DATE: March 6, 2000 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Dir~t Line: 561/243-7091 TO: FROM: SUBJECT: Doug Randolph, Training and Development Manager Susan A. Ruby, City Attorney ~ Resolution for Grant Application I have reviewed the resolution for grant application that you forwarded to me and it is approved as to form and legal sufficiency. If you have any questions, please feel free to contact me. SAR:jw ATTACHMENT E-1. APPLICATION CHECKLIST (To be completed by the Applicant) This checklist and the other items listed below in items 1 through 12 constitute your application, The required information shall be submitted in the order listed. Any additional information submitted by the applicant is subject to being removed from the package by District staff prior to presentation to the District Board because of reproduction and space considerations. Two (2) copies of your application are required. All information is required to be on 8 1/2" x 11" paper. Maps and drawings may be on 8 1/2" x 14" paper and folded to 8 1/2" they may be folded out after being hole punched and bound in a book. x 11" so that Application Reviewed by Local District Commissioner (District Commissioner must initial the yes line on this checklist for the application to be accepted for processing) Assistance Application Form No. 90-22 ( 2 pages) (Form must be completed and signed) .X. Project Evaluation and Rating Form No. 91-25 (Form must be completed, no signatures required) X Project Cost Estimate Form No. 90-25 (1 page) (Must be on District form) X Official Resolution Form No. 90-'11 (2 pages) {Resolution must be in District format and include items 1-6) Proof of Land Ownership (Must follow format of Form No. 94-26, legal descriptions alone are not acceptable) ~T/A Project Timeline. X County Location Map X ATTACHMENT E-1 (Continued) APPLICATION CHECKLIST (To be completed by the Applicant) 9. City Location Map (if applicable) _~/._.A 10. Project Boundary Map 11. Site Development Map N/A 12. Copies &all Required Permits (Required of development projects only) The undersigned, as applicant, acknowledges that Items 1 through 11 above constitutes a complete application and that this information is due in the District office no later than June 02, 2000 or my application will be deemed incomplete at that time and removed, from any further consideration by the District. I also acknowledge that the information in Item 12 is due to the District no later than the final TRIM Hearing in September 2000. If the information in Item 12 is not submitted to the District office by the District's final TRIM hearing in September 2000, I am aware that my application will be removed from any further funding consideration by the District. Richard Overman, Police Chief APPLICANT'S LIAISON Form No. 90-26 New 9/2/92, Revised 4/12/95. Applicant: Project Title: Liaison Agent: ATTACHMENT E-2 WATERWAYS ASSISTANCE PROGRAM PROJECT APPLICATION APPLICANT INFORMATION City of. Delray Beach Delrav Beach Police Boat Richard Overman Title: Police Chief 300 W. Atlantic Avenue Address: Delray Beach, FL. Zip Code: 33444 Telephone: . (561) 243-7851 F~: (561) I hereby certify that the information provided in this application is true ~.nd accurate. Signature: Date: David T. Manager Harden, City Date Received: Local FIND Commissioner Approval: Ali Required Supporting Documents: Applicant Eligibility: FIND OFFICE USE Project Eligibility: Compliance with Rule 66B-2 F.A.C.' Eligibility of Project Cost: Form o-22 New 10/14/92, Rev. 6/24/93. Total Project Cost: $ 62.974 Assistance % of total cost 75, ATTACHMENT PROJECT INFORMATION FIND Assistance Requested: Amount and Source of Applicants Matching Funds: $15,745 47,229 Other Assistance applied for (name of program and amount) $15,745 - Police Department Capital Improvement Fund Ownership of Project Site (check one): N/A Own Leased Ifleased, please describe lessor term and conditions: Other Project type (check one, or more of the following project elements that are part of your project). Public navigation channel dredging Public navigation aids and markers Public boat ramps and launching facilities Public boat docking and mooring facilities Public shoreline stabilization Inlet management Waterway signs and buoys for safety, regulation or information Public spoil disposal site development Waterways related environmental education programs and facilities Public fishing and viewing piers Public waterfront boardwalks Waterways boating safety programs and equipment Beach renourishment Other waterway related projects Permits Required: Agency Yes No N/A Date Applied For Date Received Vg'IVID N/A DEP N/A ACOE N/A COUNTY/CITY N/A Other N/A Form No. 90-22 (New 10-14-92, Rev.6/24/93.) ATTACHMENT E-4 WATERWAYS ASSISTANCE PROGRAM APPLICATION EVALUATION AND RATING FORM The applicant is to complete this form by entering the project title, applicant name and answers to the applicable questions. Do not answer with more than three sentences. All applicants will answer the first part of the form which includes questions I through I 1. Each applicant will then complete the questions in one and only one attachment according to the applicant's project type. The applicant should determine his project type (if the project incorporates more than one project type) by determining which project type is dominate in terms of project cost. The attachments that are not applicable to an applicant's project should not be included in the submitted application. APPLICATION TITLE: Delray Beach Police Boat APPLICANT: City of Delray Beach CATEGORY RATING & RATING POINTS POINTS AVAILABLE EVALUATION CRITERIA PRIORITY LIST (1-S points) (1) Where does the project rank on this years approved project priority list? (Applicant should refer to Attachment C in the application to determine project priority list ranking. The application may only be of one type based upon the dominate cost of the elements of the project.) This project is 13th. on this years approved project list ranking (Waterway Boating Safety Programs) WATERWAY RELATIONSHIP (1-3.5 points) (2) How does the project directly relate to District waterways? This boat will enable the Delray Beach Police Department to patrol and enforce boating laws on the 23 linear miles of Intracoastal Waterways and intersecting canals found within the City of Delray Beach. This boat will also be used for inland water operations. This boat will augment the mutual aid agreements that are in place with other law enforcement agencies to assist with disaster recovery, interdiction, and training. (1-3.5 points) (3) Does the project benefit public navigation? Yes, this boat will enable better maintenance of these waterways as it allows for the monitoring of waterway traffic and activity. Between January 1999 and June 1999, some 450 waterway violations were reported by citizens as documented by our Volunteer Marine Patrol Unit. PUBLIC USAGE & BENEFIT (1-3 points) (4) Is the public usage of this project clearly quantified? Yes, there are over 35,000 registered boats in Palm Beach County. The County ranks third in the number of boating accidents. These waterways are heavily utilized from both north and south counties. (1-4.5 points) (5) Can the project be reasonably used by residents from other counties of the District? Yes, by enforcing the laws and assisting in keeping our waterways safe to use, this boat will benefit all boaters as they travel north and south on the 23 linear miles of Intracoastal Waterways and intersecting canals found within our City limits. 2 TIMELINESS (1-5 points) (6) Has the applicant presented a reasonable timeline for the completion of the project? Purchase of this equipment will be accomplished within 90 days of signing the Project Agreement. COST- EFFECTIVENESS (1-2.$ points) (7) Does the project provide a reasonable public service for the money requested? Heavy use of our waterways by novice boaters as well as those with a general disregard for public safety and environmental issues results in a high number of violations and accidents. We estimate 30 public'contacts per officer on weekends, 10 on weekdays with approximately 15 citations and 50 written warnings per week, We further expect at least 2 arrests per month for boating under the influence. (1-2.$ points) (8) To what degree does the project demons~ate cost sharing or funding from other sources? The City of Delray Beach will provide the 25% match of funds for this grant and will provide staffing, fuel, insurance, dockage, and maintencance for the safe and effective use of this equipment. VIABILITY (1-2 points) (9) To what extent does the project duplicate existing effo~$? The Delray Beach Police Department has the primary responsibility for enforcing the boating and environmental laws on our section of the waterway. Currently our volunteers use their own boats which the City fuels and insures. Of their four boats, only one is reliable. With the purchase of this police boat, we will gain operational control and lessen response time in emergency situations. Two police officers will be assigned to liaison with our Volunteer Marine Patrol for staffing purposes. Other officers will be cross trained in marine patrol duties and operations to assist when needed. Members of the Volunteer Marine Patrol will continue to be our main source of staffing. (l-2points) (10) How will the project continue to be maintained after District funding ceases? The Delray Beach Police Department will provide dockage, fuel, and maintenance for the continued safe and effective use of this equipment. (1-3.5 points) (1 I) Will the program result in significant and lasting benefits? Yes, the addition of this vessel will reduce the number of boating violations and a~cidents. This vessel will be used to educate the public on environmental as well as safety issues of proper boat use on our waterways. The boat will be moved around to different locations for prevention as well as educational purposes. Educational topics will include, "No Wake Zones" and "The Florida Manatee". FIND FORM NO. 91-25 Rev. 4 ATTACHMENT E-4C WATERWAYS ASSISTANCE PROGRAM APPLICATION EVALUATION AND RATING FORM LAW ENFORCEMENT & BOATING SAFETY PROJECTS THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A LAW ENFORCEMENT OR BOATING SAFETY PROJECT CATEGORY RATING & RATING POINTS POINTS AVAILABLE EVALUATION CRITERIA (1-2.S points) (12) Does this projec~ provide significant enhancement of boating safety in the project area? Yes, this boat will enable the Delray Beach Police Department to patrol and enforce boating laws on the Intracoastal Waterways and intersecting canals found within the City. The boat will also be used for inland water operations. This boat will augment the mutual aid agreements that are in place with other law enforcement agencies in dealing with disaster recovery, interdiction, and training. This boat will also assist in the provision of safety education to the public. (1-2.$ points) (13) Does the equipment or program serve the basic program needs and not a specific need possibly not required on a normal basis? With such heavy use, the responsibility of making these waters safe is a constant challenge. The addition of this equipment will allow for the ?nforcement of boating laws and enhance our efforts in educating the public on a number of environmental and boating safety issues. 9 (1-2.S points) (14) Does the applicant appear to be sufficiently capable and qualified to conduct the proposed project successfully? The Delray Beach Police Department is com~aitted to the long-term success of this project. The operation of this vessel will fall under our Special Operations Unit. Operational expenses will become part of the Department's annual budget. (1-2.S-points) (15) Will the project or program provide any public boating education? Yes, this vessel will assist in educating the boating public and school age children on various environmental and safety related issues. Topics will include; waterway laws, the need for "No Wake Zones", Manatee Protection, and safety while on the boat. (1-2.5 points) (16) Has the applicant participated in or received state marine law enforcement training? Two of the four members of the Delray Beach Police Dive Team have completed Marine Liability Training. Upon approval of this proposal, other officers will be trained in State Marine Law. Education and training will be ongoing. RATING POINT TOTAL (Note: The maximum score possible is 50 points and the minimum score possible is 16 points. A score of 35 points is required to be considered for funding.) Form No. 91-25C Rev 10 ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: APPLICANT: Delray Beach Police Boat City of Delray Beach Project Elements Quantity (Number and/or Footage) Estimated Applicant's Cost Cost (25~) FIND Cost (TSZ) World Cat - 246SF boat with twin 150 HP Suzuki engines - T-Top and Trailer $59,394 $14,849 $44,545 Siren and Speaker Emergency Lights VHF Mariner Radio and ANtenna Police Radio and Antenna 1 2 sets 1 1 817 $ 205 1,260 $ 315 620 $ 155 883 $ 221 612 945 465 662 TOTALS $62,974 $15,745 $47,229 Form No, 90-25 (New 10/14/92) ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM (RESOLUT~rON NO. 27-00) WI-IEI~EAS, THE City o~f Delray Beach ... is interested in carrying out the (Name of ,4 gency) following described project for the enjoyment of the citizenry of Delray Beach and the State of Florida: Project Title Delray Beach Police Boat Total Estimated Cost $ 62,97~ BHefDescription of Pr~ect: Ibis boat will enable the Delray Beach Police Department to enforce the boating laws on the 23 linear miles of Intracoastal Waterways and intersecting canals found within the City. The boat will also be used for inland water operations. This vessel will assist in educating the boating public and school age children on various environmental and safety related topics. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THE~FO~, be it resolved by the that the project described above be authorized, City Commission of the (Name of .4 ge,tcy) City of Delray Beach AND, be it further resolved that said City Commission of the City of Delray Beach (Name of ,4 gency) make application to the Florida Inland Navigation District in the amount of 75 % of the actual cost of the project in behalf of said AND, be it further resolved by the that it certifies to the following: City of Delray Beach (Name of Agency) City Commission of the (Name of Agency) City of Delray Beach 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a pan of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. Form No. 90-11 (Rev. 10-14-92) (1) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Delra¥ Beach for public use. (Name of ,4 gency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI or,he Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND ifrequeste~ a post-audit ofexpenses incurred on the project prior to, or in conjunction with, request for the final 10% &the funding agreed to by FIND. This is to certi~ that the foregoing is a true and correct copy of a resolution duly and City Conanission of the legally adopted by the City of Delray Beach held on this · 21 ~lay,,of March Title Mayor at a legal meeting 20 00. - " $ignature~Al~ison MaCGregor Harry Title City Clerk Form No. 90-11 (Rev. 10-14-92) (2) ATrACIi/HENT E-$ WATERWAYS ASSISTANCE PROGRAM PRO~ECT TIMELINE The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including completion dates, as applicable, for; permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. Applicant Approvals ................................ Determined by F.I.N.D. Initiation of Project .............................. The equipment will be purchased within 90 days of signing the Project Agreement in late September, 2000 FIND Form 96-10 PALN BEACH COUNTY, FLORIDA .. .- : : .- .. .. / DI~LKAY B ~.A. CH 11 Wen you want all the worm class amenities of the 266SF in a mallet, more compact package, look no further than the popular 246SF/This mid-sized catamaran powerhouse is a favorite among tournament fishermen, thanks to its superb ride and big-boat characteristics, along with its overall clean layout and design. Check out the waist-level, 300-quart insulated aft fish box for storing the prize catch of the day, along with the multi-drawer, built-in tackle box and huge 130-quart insulated aft food/beverage compartment. Other popular design features include the private enclosed head/change room with chemical toilet, plus a very comfortable forward seating area with full-beam bench and cushioned console seat. 2'he Vectorflom Hull. deliver~ superior, offshore performance. LOA 24'6" Beam 8'6" _ Interior Freeboard 25" Aft;, 37" Forward Transom Height 25" HP Ratin~ 2x150 300 HP Tol~l Fuel Capacity 2 xl00 GAL 200 Total Hull Draft 12" ....--- Approx. Dry W.e. igh. t. 3?00 lbs. (w/o power) -~.~: -- .... ', C--. ;.-C:'- ;: . .............. _..~ , 2'he optional Arrn~trong stngle post swtrn b,,4der sure to be appreciated by snorkeling or diving cnthttIiasts. Command console features wraparound windshield ttlt steering, built-in electronics compartmen[ storage. drink, hoMers, illuminatea~ high performance gauges and ~witche& plu~ compass. Forward cushioned console seat opens to reveal a removable 72- quart insulated cooler/ Select either helm seat tn bench or leaning post whtch features an tnsulated. molded-~n bait/cooler bo& twin cutting boards, and opttonal 34 gallon raw water baitwel£ Store food and beverages in ~ 'extra-spaciou* 130-quart cooler! 300 West Atlanbc Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: FROM: City Commission Catherine M. Kozol~ Police Legal Advis( DATE: March 7, 2000 SUBJECT: Off-Duty Service Agreement The Office Duty Service Agreement is between the City and Command Security Corporation. Command Security Corporation will manage the administration of Off-Duty Police Work, including the Non-City Sponsored Off-Duty details, requests for service, scheduling work and confirming completion, billing and collections. Please place this item on the Consent Agenda for Tuesday, March 21, 2000 City Commission meeting. Once the agreement has been approved, please return the original to me so that I can send it to the Sheriff's Office for execution. If you have any questions, please do not hesitate to contact me regarding this matter. Ibg c: City Clerk Alison MacGregor Harty Attachments AGREEMENT This Agreement dated this day of ,2000, by and between the City of Delray Beach a municipal corporation in the State of Florida hereinafter referred to as the "City", and Command Security Corporation, hereinafter referred to as the "Contractor", a New York corporation with an office at RT 55, Lexington Park, Lagrangeville, New York, 12540. This agreement is governed by Florida law. WITNESSETH: WHEREAS the Contractor has proposed to the City that Contractor manage the _administration of Off-Duty Police Work; and WHEREAS the City has need for these services. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. SCOPE The scope of work to be performed by the Contractor will be as follows: 1. Contractor will provide administration of Non-City Sponsored Off Duty Police Details, including requests for service, scheduling work and confirming completion. a. Approval by the City of another entity's request for security does not constitute a City sponsored event, unless the City declares the event as a City Sponsored Event and the security is paid for by the City. 2. Contractor will invoice clients, administer payroll, receive and process all client invoices in Contractor's name. 3. Contractor will provide payment of Twenty Thousand Dollars ($20,000.00) per year for administrative personnel involved in administration of the off-duty police details. Contractor will pay the Twenty Thousand Dollars ($20,000.00) divided in equal monthly payments of One Thousand Six Hundred and Seventy Dollars ($1,670.00) to the City of Delray Beach. 4. Contractor will provide management reports specifying hours worked by location, client and officer. 5. Contractor will own receivables and will, with the approval of the City, determine appropriate prepayment terms for service users and provide collection management reports, including finance charges for late payment. 6. Contractor shall administer program in accordance with City policies and Police Department General Order Number #530 attached hereto and may be periodically amended. This contract is in accordance with General Order Number #530 and provides no change in the manner in which Non City Sponsored Off Duty Police Details are distributed to employees. A. OVERVIEW The Contractor will handle off-duty service requests, scheduling of officers and other administrative aspects of the Program. Additionally, the Contractor will issue payroll to the officers and staff engaging in off duty assignments and administrative duties, invoices to service users and provide regular reports to be used by the City for analysis of the extra duties provided by police officers. Contractor will compile total annual hours worked by each officer and issue each officer a 1099-tax form in Contractor's name. This form will provide officers with their gross annual income from off-duty service. It is the responsibility of each officer to report all income from off duty service with filing his/her income tax return. Contractor will provide regular reports to be used by the City for the analysis of the extra duties provided by police officers. The City will provide Contractor with a list of approved officers for this program, a list of approved users and guidelines for this work. This paragraph is an overview of the program and the specific terms of the agreement are as provided in the entire agreement. B. SCHEDULING The City will provide lists of approved officers and approved sites along with the duty schedule of the officers no later than one week prior to proposed work. Contractor will prepare schedule through computerized system and provide schedule to officers as soon as possible and to the Police Department no later than 24 hours before the work is commenced. Contractor will provide a contact person for officers and clients to process requests and to modify schedules. C. PAYROLL Each week, information will be entered into the computer including all of the hours worked by the officers and every Monday the information will be "closed-off" for the prior weeks work. The Contractor will process payroll for that period; payroll will be the Friday after for the work ending the prior Sunday. The Contractor will prepare reports from the computer-transferred information. The City understands that the reports will be as accurate as the information provided and entered into the computer. D. BILLING Based on information entered into the computer and/or faxed to the Contractor, the Contractor will prepare in its standard format, all weekly invoices and mail them directly to the customers. E. REPORTS The Contractor will provide the following reports to the City each week for the previous week: 2. 3. 4. 5. 6. Weekly Cash Statement Invoice Register Payroll Register Accounts Receivable Aging Report Cash Application Report Copies of invoices sent to customers C:~fl3ulyA greement doc/Agreeme~ PL, O 2/00 A record of all work performed in the prior week by officer, location and client. F. HOLD HARMLESS Contractor shall indemnify defend and hold the City harmless for all errors or omissions of Contractor in the performance of Contractors duties provided under this agreement, and shall pay all costs; claims of any kind including City costs and attorney's fees at trial or appellate levels. G. CHARGES AND PAYMENTS For the management services and payroll financing, for police officers service each week, the Contractor will pay officer's payroll and withhold six percent (6%) of the gross billings for Contractor's service fee. H. CASH STATEMENT The Contractor will send the City a weekly cash statement on Friday of each week, which will be the net dollar effect of the prior week's activity. The Contractor will send a letter to all the City's customers stating that the Contractor is authorized to send invoices on behalf of the City and that all payments are to be sent to the Contractor's lock box. On the bottom of each invoice will appear the following message. "Remit to: GPO Box 29355, New York, 10087-9355. This invoice has been assigned to our Financing Organization, CIT Group/Credit Finance, Inc. Upon reasonable prior written notice to the City, the Contractor will change the message and direct that payments be sent to another lock box designed by the Contractor or state that such invoice is property of a third party identified by the Contractor who provides financing to the Contractor. The Contractor takes the prompt collection of billing very seriously and the Contractor expects all clients to send their checks payable to the Contractor directly to the designated lock box. I. GENERAL Neither the City nor the Contractor will be responsible for acts of God (hurricanes, floods, etc.) nor items beyond their control (power failures, etc.), however, both the City and the Contractor will make every effort in an urgent manner to correct the problems and difficulties caused by such acts. Both the City and the Contractor are obligated to continue on the same terms and conditions of this agreement for one year with one-year option to renew. Either of the parties may end this agreement with or without cause upon sixty (60) days written notice to the other provided however, the City may terminate this agreement immediately if Contractor fails to follow City polices or General Orders procedures. During the term of this Agreement the City will not use any other entity to perform off duty officer scheduling, payroll or billing services outside this agreement provided the Contractor is not in default of this agreement. In addition to other provisions, this agreement can be ended if either City or Contractor is unable to maintain or renew any permit or license necessary to do business. It is understood that Contractor is not City's employee nor the employer of any of City's personnel. If any part of this agreement proves to be invalid, all the rest of the agreement shall remain in effect. This is the entire agreement and there are neither representations nor promises that are not included herein. J. REVIEW The Contractor will permit the City to review, at any time, all work performed under the terms of this Agreement at any stage of the work. K. BOOKS AND RECORDS The Contractor will maintain or cause to be maintained all records, books, or other documents relative to charges, including charges for extra work, alleged breaches of agreement, settlement of claims, or any other matter involving the Contractor's demand for compensation by the City for a period of not less than three years from the date of the final payment for work performed under this Agreement. Contractor will provide to the City these records upon request. L. DISPUTES Any controversy or claim arising under this agreement will be governed under Florida law with venue in Palm Beach County, Florida. M. This Agreement will be enforceable once executed by the parties. N. The parties do not intend to create any rights for any third parties not signatures to this agreement. PLO ?JO0 O. The City does not waive its sovereign immunity by entering into this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSED BY: Authorized By: CITY OF DELRAY BEACH Signature Print Name By: Approved as to form and Legal Sufficiency: Signature Print Name City Attorney - Delray Beach COMMAND SECURITY CORPORATION By:. PLO 2Jo0 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~/'~ - REGULAR MEETING OF MARCH 21, 2000 RATIFICATION OF CHAMBER APPOINTMENT TO THE PARKING DATE: MANAGEMENT ADVISORY BOARD MARCH 16, 2000 With Perry DonFrancisco's resignation from the Parking Management Admsory Board as the Chamber of Commerce representalave, a vacancy exasts to fill Ns unexpired term ending July 1, 2000. We received the attached letter from Btll Wood, Chamber President, presenting Mark Baron as the Chamber representative to serve on the parking board. A copy of Mr. Baron's applicatton is also attached for your remew. On May 19, 1998, the City Commass~on adopted Resolution No. 33-98 which amended the membership composition of the Parking Management Admsory Board from eight to nine members by adding a representative from the Chamber of Commerce. The resolution promdes that the Chamber of Commerce recommends an appointee to the City Comrmss~on, which has the authority to approve and ratify the recommendation. It is recommended that the Commission approve and raufy the appointment of Mark Baron as the Chamber of Commerce representauve to the Parking Management Advisory Board to fill an unexpired term ending July 1, 2000. RefiAgmemo3.Ratificat~on of Chamber Appt.toPMAB From Bdl Wood To Pat Warren Date, 2/29/2000 Time 1,30:40 AM Page ! of 1 DELRA¥ BE~CH Chan~ber of Corn ~erce February 29, 2000 Pat Warren Citv of Delray Beach Office of City Clerk 100 NW 1'~ Avenue Delray Beach FL 33444 Dear Pat. It is with great pleasure that I submit the Gr. Delray Beach Chamber's applicant for the Parking Management Advisory Contmittee, Mark Baron. Mark, with his wife Sharon, are the owners of Native Accents gallery in the Waterway East Duilding, 900 E. Atlantic Ave. Ste 11. As a shop owner on E. Atlantic Mark brings understanding and sensitivity to the needs and the issues of parking along all of East Atlantic Ave. Thank you for your patience while the chamber worked to find the appropriate appointment for the Board. Sincerely, William J. Wood President RECEIVED FEB Z 9 2000 CITY CLERK · Greater Delrav Bead~ Chamber of Conwnerce · 64 SE 5th Ave. · Delrav Beach FL 33483 · (561) 278-0424 FAX 278-0555 FRND;,] PHOHE t~0. : 56126E2~0 Plat. CI~ OF DEL~Y B~CH BOARD MEMBER APPLICATION 15 .?.000 02:57PH PI 5. H°~Phor~: ' City C~ "civ" Middle Zip Code I Zip Co<lc zip code 9. List ~ny rel~d pr~iond c~ttficaltons and l~a~', which'~c~ hold: tO. Give your premnr, or mos~ r~¢ent ~m~ioyer, ~d ~s~o.: ' [i~ De~ ex~enc~ skillt'or ~t~ which qua~ you ~ ~e oD ~is b~: ~1~ a~ch' a 5dcf~me) I hereby-cerb'~ eheC ell ~h~ above statemen~ ar~ true, and ! agree and underm~nd that any misstacerne~_~ of n~terfe[ facts contained itl fh[$ application may cause forfeiture upon my part RECEIVED MAR 1 5 2O00 CITY CLERK MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Ken Thomas, Community Development Coordinator Lula Butler, Community Improvement Direetor/~ March 15, 2000 Deiray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program. This subsidy represents the 97t~ homeownership assistance grant provided under the City's Renaissance Program. 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 I, 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 200 I. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's panner 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 subsidy for one eligible applicant of the following property: (New Construction) XXX SW 6t~ Avenue $17,244.00 [Lot 2, of N1/2 of Block 22, Town of Linton (Now Defray)] DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67.00 NAME Maggie Nelson PROPERTY ADDRESS xxx SW 6th Avenue, Delray Beach LEGAL DESCRPTION Lot 2, Subdivision of the North Half(I/2) of Block 22, Town of Linton (Now Delray), Florida, according to Plat Book 10, Page 38 of the Public records of Palm Beach County. % OF AREA MEDIAN HOUSEHOLD INCOME 65% COST OF CONSTRUCTION: COST OF EXISTING UNIT: N/A Non-Profit Developer's Fee $3,000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE RATE 8.00 % LTV 78.00 % SECOND MORTGAGE THIRD MORTGAGE GRANT NO. IN HOUSEHOLD 3 $89,900 COST OF LOT $9,500 (Donated by City of Dekay Beach) (including rehabilitation costs) $ 79,000.00 Community Finance Consortium $ $ $ $ $ $ 17,244.00 City of Delray, HOME City of Delray, SHIP CRA of Delra¥ . Housing Authority Federal Home Loan Bank HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ 2,700.00 Estimated Closing Costs (Lender 1003) $ 2,741.50 TOTAL TRANSACTION $ 104~841.50 Estimated cash bom/to borrower (Lender 1003) $ 2,097.50 (meets 2% of deal requirement) ~ I HALL ~ N W. 1ST ST ~ z z STATION z I z ~ m .~ i TENNIS ATLANTIC AVENUE ~ ' ~ i I COURT I.. I ' , , I ~ S w 2ND ST s w 3RD ST N ~ 12-43-46-16-01-022-0020 CITY OF DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT -- DIClTA~ BASE MAP SYSTEM -- Agenda Item No.: g..,~ AGENDA REQUEST Request to be placed on: ~ Regular Agenda ~ Special Agenda ~ Workshop Agenda xxxxx Consent Agenda Date: March 15, 2000 When: March 21, 2000 Description of item: Authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program totaling $17,244.00. Note: Maggie Nelson ($17,244) represents the 97th homeownership assistance grant provided under the Renaissance Program. Recommendation: Staff recommends approval of the subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Proram. SHIP Total: $17,244.00 Account Number: 118-I924-554.83-01 Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Funding Alternatives: Account No. & Description: \\~ Account Balance: City Manager Review: Approved forAgenda~L~ ~/NO Hold Until: ~ ~ (if applicable) , Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~,~' - REGULAR MEETING OF MARCH 21, 2000 RESOLUTION NO. 22-00 MARCH 15, 2000 This is a resolution assessing costs for abatement action required to remove nuisances on nineteen (19) properties throughout the Cxty. The resolution sets forth the actual costs incurred and provides the mechanism to attach hens against the properties in the event the assessments remain unpatd. Recommend approval of Resoluuon No. 22-00. Ref. Agrnemol 5.Res22-00.NuisanceAbatement RESOLUTION NO. 22-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~ PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSM~NTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. NHEREAS, 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 hie 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 & 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 at the hearing wherein a decision was rendered adverse to the property ownar(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 ~bating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involvedl 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 RBSOLVED 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 Res. No. 22-00 o£ the certified copy o£ this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular aession on this the day of · 2000. MAYOR ATTEST: City Clerk Res. No. 22-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION SUB OF SEC 20-46-43,S 78 FT OF W 168 FT OF E 1/2 OF W 1/2 OF LoT 30 E OF GERMANTOWN ROAD (LESS E 30 FT OF SW 10TH AVE RD RAN) PB 28 P 68 PUBLIC RECORDS OF PALM BEACH COUNTY, FL VAC LOT SO. OF 1103 WALLACE DRIVE) OWNER CHERYL A. CARLEY 1200 NORTHFIELD RD WATERROWN, CT 06795-1419 ASSESSMENT $114.80 $70.00 ADM. FEE STRiCKLA-ND SUE, w 1/~bF- LOT l& N 19 FT OF IRENE LARO~K, ET AI_- W 1/2 OF LOT 2, BLOCK 1, Pa 23, P 173, ~3064 ANGLER DRIVE IPUBLICRECORDS Of PALM BEACH FL DELRAY BEACH, FL 33444 COUNTY, (1!01 S_WBTHAVENUE) _ _ __ ~- $48.93 ...... · ~0.00 ADMFE~--- SEC 17-46-43, S 50 FT OF W 135 FT (LESS W ~ ~:~ .... ETHEL-SCOTT, ESTATE - --- RD R/W) OF S 1/2 OF N 1/2 OF LOT 6, Pa 1, P 3 P O.BOX 245 PUBLIC RECORDS OF PALM BEACH COUNTY, FL RUSHVILLE, NY 14544-0245 (1119 NW 1ST STREET) $50.95, $70.00 ~ADM.FEE $376 00 $70.00 ADMFEE GOLF PARK, LOT 9 (LESS S 16 FT OF W45 F~- & - -- S 14 FT OF E 71.54) BLOCK 1, PB 26, P 141, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 915-941 SW 20TH COURT) )OINCIANA HEIGHTS OF DELRAY BEACH, LOT 29, PB 26, P 245, PUBLIC RECORDS OF PALM BEACH COUNTY, FL '315 NW 12TH AVENUE) WOODBROOKE CONDO ASSOCIATION, INC. 10691 NO. KENDALL DR #106 MIAMI, FL 33176-1483 $70.00 ' $70.00 :ADM. I~EE- hCARL J. CARTER, JR 315 NW 12TH AVENUE DELRAY BEACH, FL 33444 EDwIN 519 SW 15TH TERRACE :)ELRAY BEACH, FL 33444 $70.00 $70. O0 ~A~I~IVI~ FE~ T~)WN O~-6~:L~RAY, S~0~F~)F-N 200 FT OF- W 120 FT OF BLOCK 25, PB 5, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 'NW 5TH AVENUE, VACANT LOT SO. OF 355) 4 Res. No. 22-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, W 50 FT OF E 150 FT OF S 100 FT OF BLOCK 16, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 605 SW 4TH STREET) ¥6~-0F bELRA~-N 1/2 dj= ~_b~T 5, BLOCK 30, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 125 SW 5TH AVENUE) A-~L~A-N~;I~; PARK GARDEN§i BLOCK 3, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (126 SW 12TH AVENUE) SETH LARRABEE 246 NO SWINTON AVENUE DELRAY BEACH, FL 33444 REVISED ROSEDALE PARK, PARCEL A., PB 6, P 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1710-1800 NO. FEDERAL HIGHWAY) b-ELRAY SHORES, LOT 25, BLb~K 2, PB 24, P 233, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 575 ANGLER DRIVE) AMY CHARLOW 125 SW 5TH AVENUE DELRAY BEACH, FL 33444 $70.00 [ - $70.00 4_A_DM. FEE ~- $74.87 $70.00 RICHARD & CLARA CLECKLEY 305 NW 4TH AVENUE DELRAY BEACH, FL 33444 P~NEWOOD 15ARK & RV CENTER, INC 1600 SO OCEAN DR. PHK 'HOLLYVVOOD, FL 33019 AD~. FEi~- - $31 95 $70 00 ADM FEE .... ~_$ ~ 0 ~ADM~ F_EE SECRETARY 0~OUSING- & URBAN DEVELOPMENT 1320SO. DIXIE HIGHWAY CORAL GABLES, FL 33146-2926 ~0WI'~-01~-D~I. RAYi N 5~ FT OF S 240FT OF SETH LARRABEE OF E 135 FTOF BLOCK 21, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL '32 SW 5TH AVENUE) $59.95 246 NO. SWINTON AVENUE DELRAY BEACH, FL 33444 $70.00 ~ADM. FEE IADM. FEE $50.95 o.oo Res. No. 22-00 COST OF ABATING NUISANCES UNDER CHAPTER '100 OF THE CODE OF ORDINANCE PLUMOSA PARK SEC 1, S 26 FT OF LOT 103 & ,F. PRISCILLE JEAN-PHILIPPE & N 36 FT OF LOT 104, PB 23, P 68, PUBLIC !FENIEL JEAN-PHILIPPE HNV RECORDS OF PALM BEACH COUNTY, FL 586 NW 48TH AVENUE (1623 NE 3RD AVENUE) DELRAY BEACH, FL 33445 TOWN OF DELRAY, LOT 8 (LESS S 48.69 FT OF N 53.45 FT) & LOT 9 (LESS S 48.69 FT OF N 53.45 FT OF W 22.91 FT OF BLOCK 84, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 201 & MORE EAST ATLANTIC AVENUE) 'OWN OF DELRAY, LOT 8 (LESS S 48.69 FT OF N 53 45 FT) & LOT 9 (LESS S 48.69 FT OF N 53.45 FT OF W 22.91 FT OF BLOCK 84, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 201 & MORE EAST ATLANTIC AVENUE) 'OwN OF DELRAY, LOT 8 (LESS S 48 69 FT OF N 53.45 FT) & LOT 9 (LESS S 48.69 FT OF N 53.45 FT OF W 22 91 FT OF BLOCK 84, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 201 & MORE EAST ATLANTIC AVENUE) 'OWN OF DELRAY, LOT 8 (LESS S 48.69 FT OF N 53.45 FT) & LOT 9 (LESS S 48.69 FT OF N 53.45 FT OF W 22.91 FT OF BLOCK 84, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (201 & MORE EAST ATLANTIC AVENUE) ~,TLANTI-~-GARDENS-DI~LRAY, LOT 23,-BLOCK 6, PB 14, P 63, PUBLIC RECORDS OF PALM BEACH COUNTY, FL. 142 SW 11TH AVENUE) $23.92 $70.00 ADM. FEE LEVIATHAN LAND GROUP, INC & STEVEN E COHEN, REG AGENT 800 NW 62ND STREET, STE 200 FT LAUDERDALE, FL 33309-2000 $15.95 $70.00 !ADM. FEE LEVIATHAN LAND GROUP, INC & STEVEN E COHEN, REG AGENT 800NW 62ND STREET, STE200 FTLAUDERDALE, FL33309-2000 $37.33 ~i 51~5- ~ADM FEE LEVIATHAN LAND GROUP, INC ! i & STEVEN E COHEN, REG AGENT I i~ 800 NW 62ND STREET, STE 200 FT LAUDERDALE, FL 33309-2000 $15.95 $70.00 ADM FEE LEVIATHAN LAND GROUP, INC & STEVEN E. COHEN, REG AGENT 800 NW 62ND STREET, STE 200 FT. LAUDERDALE, FL 33309-2000 $95.70 E. & HENRY WILSbN~ .... ' .... P.O. BOX 1676 DELRAY BEACH, FL 334447 $5O.95 $70.00 ~ADM. FEE- $70.00 IADM. FEE Res. No. 22-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, S 37.5 FT OF N 75 FT OF RUBY L. HARRIS ' W 130.44 FT OF E 155.44 FT OF E 1/2 OF CIO P.C. WELLS I S 1/2, BLOCK 4, PB 1, P 3, PUBLIC RECORDS 7012 SUNNYSIDE LANE OF PALM BEACH COUNTY, FL FT. WASHINGTON, MD (2ND VACANT LOT SO OF 23 NW 7TH AVENUE) 20744-4325 , .............. $70.00 :~,_,DM. FEE _ VIOLATION IS' SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. 7 Res. No. 22-00 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~/~ - REGULAR MEETING OF MARCH 21, 2000 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 16, 2000 Attached is the Report of Appealable Land Use Items for the period March 6th through March 17, 2000. It informs the Commtsslon of the various land use actions taken by the designated boards which may be appealed by the City Comrmssion. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Re f:Apagmemo/Appealables/03 21.00 TO: THRU: FROM: SUBJECT: DI E~~DOMINGUEZ, P ANVNV~NG ASMIN ALLEN, PLANNER DAVID'T. HARDEN, CITY MANAGER AND ZONING DIRECTOR MEETING OF MARCH 21, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 6, 2000 THRU MARCH '17, 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 March 6, 2000 through March 17, 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. A. Approved (5 to 0, Fowler and DeCapito absent), a request to modify the master sign program for the Plaza at Delray to add a flat wall sign at the Piccadilly Cafeteria, located at the northwest corner of U.S. Highway No. 1 and Linton Boulevard. City Commission Documentation Appealable Items Meeting of March 21, 2000 Page 2 Denied on a 5 to 0 vote, a request to add a fiat wall sign for Quantum Healing (Yoga and Meditation), 9 SE 5th Avenue, which is on the east side of SE 5th Avenue (southbound Federal Highway) and East Atlantic Avenue. Approved (5 to 0), a canopy color/fabric change for Elwoods Dixie Bar-B-Que, 301 East Atlantic Avenue, which is located at the northeast corner of East Atlantic Avenue and the FEC Railway. Approved (5 to 0), a request for a color change for Delray Beauty Salon, an existing commercial building located at 136 SE 6th Avenue, which is on the west side of SE 6th Avenue, between SE 1st Street and SE 2nd Street. Approved with conditions (5 to 0), a Class II site plan modification, landscape plan and architectural elevation plan for the South County Transfer Station - Solid Waste Authority, located at 1901 SW 4th Avenue on the east side of SW 4th Avenue, approximately 420' south of Linton Boulevard. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 25,200 sq. ft. industrial building for Profiles in Concrete, located at the northeast corner of Poinsettia Drive and Lime Lane. No Regular Meeting of the Board was held during this pedod. 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- MARCH 21, 2000 GULF STREAM BLT4) L.eO CANAL N W 2ND ST S W 2ND ST UNTON CANAL S.P.R,A.B.: A. PICCADILLY CAFETERIA B. QUANTUM HEALING C. ELWOODS DIXIE BAR-B-QUE D. DELRAY BEAUTY SALON E. SOUTH COUNTY TRANSFER STATION (SOLID WASTE AUTHORITY) F. PROFILES IN CONCRETE ......... CITY UMITS ......... ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL pLANNING & ZONING DEPARTMENT 1999 - o DJGtTAL BASE AIAP SYS'/~l · - MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. ~-' REGULAR MEETING OF MARCH AWARD OF BIDS AND CONTRACTS 2000 DATE: MARCH17, 2000 This is before the City Comrmsslon to approve the award of the following bids and contracts: Bid award in the amount of $236,024.00 to Akerblom Contractmg, Inc. for the rehabilitation of Lift Stations llA, 25 and 53, with funding from 442-5178-536-61.83 (W&S Renewal & Replacement - Lift Station Conversion to Submersible). Contract award in the amount of $239,090.00 to Weekley Asphak Paw_ng, Inc. for the 2000 Roadway Bond Resurfacmg Project whtch will generally consist of resurfacing 33 streets throughout the Ctty, with funding from 370-3162-541-65.40 (2000 Roadway Bond Resurfacmg). Contract award in the amount of $426,170.00 to Arbor Tree & Land, Inc. for the 2000 Roadway Bond Swale Reconstruction Project wbach will generally consist of the excavation of 70,000 square yards of roadside swale includmg clearing and grubbing, construction of approximately 70,000 square yards of 6-inch deep roadside swale w~th sod, restorauon of imgation systems and mamtenance of traffic. Fundmg wtll be from 448-5470-538-65.41 (2000 Roadway Bond Swale Reconstructton). Bid awards to multiple vendors via City of Delray Beach co-op b~d for the purchase of chermcals and fertilizer at an estimated annual cost of $150,969.66, with funding in the amount of $37,753.99 from Parks and Recreation operatmg budget and $113,215.67 from the Mumcipal Golf Course and Lakevaew Golf Course operatmg budgets. Bid awards to multiple vendors at an estimated annual cost of $235,031.66 for the purchase of pipe fittings and accessories, with fundmg from various departmental operatmg budgets. Grant awards through the Community Development Block Grant Housing Rehabilitation program for two smgle family units to Abisset Corporation tn the total amount of $36,813.10 ($17,634.80 for 808 S.W. 4~h Avenue and $19,178.30 for 1312 Lee Street), with fundmg from 118-1963-554-49.19 (CDBG Housing Rehabthtatton), and grant award through the State Houstng Imuatives Partnershtp (SHIP) program tn the amount of $13,463.60 to Dakota Construcuon, Inc. for a single farmly housing umt at 906 S.W. 11e~ Terrace, with fundmg from 118-1924-554-49.19 (SHIP Houstng Rehabflttat~on). Recommend approval of the bid and contract awards listed above. RefiBid.Agmemo 03.21.00 Agenda Item No. ~,/~-/ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: March 6, 2000 When: March 21, 2000 Description of item (who, what, where, how much): Staff requests Commission Approval of a Bid award to Akerblom Contracting, Inc. for Rehabilitation of Lift Stations llA, 25 and 53 in the amount of $236,024.00. Funding is available from R&R Account #442-5178-536-61.83, Lift Station conversion to submersible (Budget Transfer attached). ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recomm_~Dds approval of Bid award to Akerblom Contractinq, Inc. in the amour ~f $23~,024.00. f7 Department head signature: (~ - ~- 6 - ~U Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Y~NO Funding alternative~ (if applicable) Account No. & Descrlptlon~Z~ -O--/q~',_'X~/,$a /--J~"'~=/'"~ ~J~ ~' Account Balanc~ ~8, ~ ~ ~,~~~, Z~D ~ jJ ~ ~(~ City Manager Review: { ~ ~~ ~ ~-~/ ~~/~ Approved for agenda: ~/NO~ A Hold Until: ~ I/f~ [ ~ -~- Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Dis approved file: S: \EngAdmmn\Pr oj ect s\1999\99-036\OFFICIAL\akerblom, 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 Util March 6, 2000 REHABILITATION OF LIFT STATIONS 1 lA, 25 and 53 PROJECT NUMBER 99-036 Attached is an Agenda Request, location map and Tabulation of Bids opened on February 24, 2000 for construction of the subject project. The firm of Akerblom Contracting, Inc. is the apparent lowest responsive bidder with a total proposal of $236,024.00 for the base bid. Based on their proposal and satisfactory performance of past work in the City, we are recommending award of the project to Akerblom Contracting, Inc. in the total amount of $236,024.00 for the base bid. Funding will be from 442-5178-536-61.89, lift station conversion to submersible. Appropriate budget transfers are attached. Please place the item on the March 24, 2000 Agenda for consideration by City Commission. CDB/cdb Att: CC; Richard C. Hasko, Director of Environmental Services City Clerk Agenda File S:\EngAdmin\Projects\1999\99-036\OFFIClAL\akerblom.mem.doc ~ IESSR VO02 IDEP~4R TMENTSIEng.4dmin IProjects~ 1999 ~99-05 610FFICI~4L tackerblorn mere doc t'-L.I qqq o. qqqq~ o o o d ~ o § o ~:o ~~ 000 000 0 ~ 000 000 0000 oqq ooo qqq'q doo ddd oooo, 000 000 000~ 000 000 ~00~ 0 0 0 ddo d!od 0 0 0 00 0 0 0 0 ~- o q q oo o q o oo doo o~oo oodo q o o q q o q!q q q ~ 0~0 000 00000 000 000 000~ 000 000 0~000 qqo oqq oooo ood doo oooo 000 000 000~ 0~ 0~0 0~ qqo qqq oooo~ ood ooo dddd~ 000 000 000~ ooo ooo 8888 dd~'ooo oooo 000 000 000~ qq~ oo~ AGENDA REQUEST Agenda Item No.: Request to be placed on DATE: March 13, 2000 x Regular Agenda Special Agenda Workshop Agenda When: March 21, 2000 Description of item (who, what, where, how much) Award of the contract to Weekley Asphalt Paving, Inc. in the amount of $239,090.00 for the 2000 Road Bond Resurfacing Project, Project #2000-049. The funding for this project will be provided from the following account: Funding Source 2000 Roadway Bond Resurfacing Account Number Amount 370-3162-541-65.40 $239,090.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 2000-049, 2000 Road Bond Resurfacing Project to Weekley Asphalt Paving, Inc. with,a bid i, j33the amount of $239,090.00. Department Head ~'~"-//'~ Signature: ~. ~-.~~ i--_~ :~ - I L(- 0,3 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding availab~qO Funding altemat~es--" Account No. & Description 370-3162-541-65.40 Account Balance ~ .~?~ ~?g'~ City Manager Review: ~ ~ Approved for agenda: /NO Hold Until: (if applicable) Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-049(A) projects/2000-049/contract/agenda doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: THRU: DAVID T. HARDEN, CITY MANAGER ,,/.)~ RANDAL KREJCAREK, P.E. CITY ENGINEER FROM: JENNIFER SPAGNOLI, ENGINEER INTERN DATE: MARCH 13, 2000 SUBJECT: 2000 ROAD BOND RESURFACING PROJECT PROJECT #2000-049 AGENDA REQUEST Please find enclosed the agenda request for Commission to award the 2000 Road Bond Resurfacing project contract The work generally consists of placing an asphaltic overlay, including leveling course and pavement markings, on thirty-three streets in Delray Beach. Attached is the bid tabulation for the referenced project. The lowest responsible, responsive bidder for this project was Weekley Asphalt Paving, Inc. with a bid of $239,090.00. Funding Source Account Number Amount 2000 Roadway Bond Resurfac~ng 370-3162-541-65.40 $239,090.00 If acceptable, please place this item on the March 21, 2000 Commission meeting for Commission approval. Attachment cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 2000-049 (A) file:s/engadmin/2000/2000-049/contract/agmemo doc ~J 0 0 ~ -q m 0 03/17/00 FRI 11:46 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. ~ PURCHSING/CM ~002 2000 ROAD BOND RESURFACING PROJECT Quadrant I Vista Del Mar Dr. (Andrews Ave. to S.R. A1A) NW 1st St. (NW 1st Ave. to Swinton Ave.) Enfield Terr. (Enfield Rd. to the end) NE 1st St. (U.S. ] northbound to NE 7th Ave.) NE 3rd St. (NE 7th Ave. to Palm Trail) NW 1st Ave. (Wood Ln. to NW 6th St.) NW 5th Ave. (NW 2nd St. to NW 3rd St.) Sea Spray Ave. (Andrews Ave. to S.R. A1A) Lake Dr. (NW 11t~ St. to NW 12~ St.) Depot Ave. (CSX RR to Interstate-95) NW 18th Ave. (Marty FladeI1 Dr. to Atlantic Ave.) NW 2nd Ave. (Lake Terr. to NW 7th Quadrant H SE 3ra St. (SE 44 Ave. to SE 5m Ave.) SE 4m St. (SE 5t~ Ave. to SE 6th Ave.) SE 4th St. (Swinton Ave. to F.E.C. RR Xing) SE 8th St. (SE 6th Ave. to SE 7th Ave.) SW 4t~ Ave. (SW 3ra St. to SW 2na St.) SW 4th Ave. (SW 7m St. to SW 4m St.) SW 6th St. (SW 15th Ten'. to west end) SW 7th Ave. (SW 2na St. to SW 1u St.) SW 8th Ave. (SW 7th St. to SW 4th St.) SW 14t~ Ave. (SW 4th St. to SW 3rd St) Dogwood Dr. (Florida Blvd. to the end) Dd Harbour Dr. (S.R. A1A to the end) Curlew Rd. (Lindell Blvd. to Heron Dr.) Lindell Blvd. (Bobolink Dr. to Dixie Hwy.) Jaeger Dr. (Mallard Dr. to Heron Dr.) Eagle Cir. (Bunting Dr. to Eagle Rd.) Bunting Dr. (Avocet Rd. to Eagle Cir.) · .Sea Sage Dr. (Tamarind Rd. to Melaleuea Rd.) Quadrant HI Forest Rd. (Lowson Blvd. to LWDD Canal L-35) Lakeview Dr. (end ~o end) Quadrant IV NV~ 52~a Ave. (NW 5th St. to the end) PYB-la AGENDA REQUEST Agenda Item No.: oO'' Z..,.~ Request to be placed on DATE: March 13, 2000 x Regular Agenda Special Agenda Workshop Agenda When: March 21, 2000 Description of item (who, what, where, how much) Award of the contract to Arbor Tree & Land, Inc. in the amount of $426,170.00 for the 2000 Road Bond Swale Project, Project #2000-050. The funding for this project will be provided from the following account: Funding Source 2000 Roadway Bond Swale Reconstruction Account Number Amount 448-5470-538-65.41 $426,170.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-rACHED YES/NO Recommendation: Staff recommends award of Project No. 2000-050, 2000 Road Bond Swale Project to Arbor Tree & Land, Inc with a bid in the ampunt o.f,$4,26,170.00. Department Hea(~ Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items iqvolvir{g expenditure of funds): Funding availabl~--~O Funding alternative~-" Account No & Description 448-5470-538-65.41 Account Balance $426,170.00~. (After Transfer) ~ City Manager Review: ~/ ~ Approved for agenda: NO Hold Until: (if applicable) Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-050(A) projects/2000-050/contract/agenda doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: THRU: DAVID T. HARDEN, CITY MANAGER RANDAL KREJCAREK, P.E. CITY ENGINEER FROM: JENNIFER SPAGNOLI, ENGINEER INTERN DATE: MARCH t3, 2000 SUBJECT: 2000 ROAD BOND SWALE PROJECT PROJECT #2000-050 AGENDA REQUEST Please find enclosed the agenda request for Commission to award the 2000 Road Bond Swale project contract. The work generally consists of the excavation of 70,000 square yards of road side swale, including clearing and grubbing, construction of approximately 70,000 square yards of 6-inch deep road side swale w;th Sod, restoration of irrigation systems and maintenance of traffic. Attached is the bid tabulation for the referenced project. The lowest responsible, responsive b~dder for this project was Arbor Tree & Land, Inc. with a bid of $426,170.00. Funding Soume 2000 Roadway Bond Swale Reconstruction Account Number 448-5470-538-65.41 Amount $426,170 O0 If acceptable, please place this item on the March 21, 2000 Commission meeting for Commission approval Attachment CC; Richard Hasko, P.E., Director of Env. Svcs. '" Joseph Safford, Finance Director file: 2000-050 (A) file:slengadminl2OOOI2OOO-O5OIcontractlagmemo.doc 0 AGENDA ITEM NUMBER: ~'. Z.- Z./'. Request to be placed on: AGENDA REQUEST March 21, 2000 Date: March 15, 2000 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: Description of agenda item: Approve multiple awards to Iow responsive bidders for Bid #2000-02, Co-op Bid - Chemical and Fertilizers - Annual Contract, at an estimated annual cost of $150,969,66 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED. YES Draft Attached: YES NO NO Recommendation: Bid award to multiple vendors for the purchase of chemicals and fertilizers per the City of Delray Beach Co-op Bid #2000-02. Funding from City of Delray Beach Parks and Recreation operating budget at an estImated annual cost of $37,753.99 and the City of Delray Beach Municipal Golf Course and Lakeview Golf Ctourc, c opiating budget at~j~3-e,stimated annual cost of $113,215 67. Department Head Signatur~~/' ~/ Determination of Consistency ~frC~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Yes v'''// No Funding available: Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: (if applicable) Approved for agenda: Yes Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa~~ance Director March 15, 2000 DOCUMENTATION - CTIY COMMISSION MEETING MARCH 21, 2000 - BID AWARD - BID #2000-02 CO-OP BID CHEMICALS AND FERTILIZERS Item Before Commission: City Commission is requested to make multiple awards to low responsive bidder(s), as stated below, at an estimated annual cost of $150,969,66 for the City of Delray Beach. Background: The City of Delray Beach is the lead entity for this co-operative bid. Bids were received on January 6, 2000 from sixteen (16) vendors, all in accordance with City purchasing policies and procedures. (Bid #2000-02. Documentation on file in the Purchasing Office). A tabulation of bids and award recommendation per item number is attached for your review. A meeting was held on Monday, March 06, 2000 with Dan Miller, City of Boynton Beach Golf Course, Tom Arendt, City of Delray Beach Municipal Golf Course, Tim Simmons, Asst. Superintendent Delray Beach Parks Department and Purchasing to review bids received and make award recommendations. See attached memo dated March 14, 2000 to Palm Beach County Cooperative Purchasing Council. Attached for your review is the requirements and recommendations for award for the City of Delray Beach. The recommended vendors for the City of Delray Beach are as follows: Vendor: Helena Chemical Corp. Parkway Research Corp. Lesco, Inc. CPI Colonial Products Inc. Harrell's Inc. Timberland Enterprises Atlantic F.E.C. Estimated Annual Amount: $ 13,419.40 $ 1,887.20 $ 42,486.60 $ 1,178.94 $ 585.OO $ 335.00 $ 9,591.00 United Horticultural Ducor International Argo Distribution Glades Formulating Corp. Howard Fertilizer Golf Ventures / Helena Cch, BWI Regal Chemical Company $ 2,451.00 $ 596.00 $ 18,148.88 $ 5,3O5.5O $ 17,650.00 $ 19,515.00 $ 14,840.14 $ 2,980.00 Total Estimated Annual Cost for City of Delray Beach $150,969.96 Recommendation: Staff recommends award to various vendors as outlined above and highlighted on attached Tabulation of Bids for a total estimated annual cost of $150,969.96. Funding from City of Delray Beach Parks and Recreation operating budget at an estimated annual cost of $37,753.99 and City of Delray Beach Municipal Golf Course, and Lakeview Golf Course operating budget at an estimated annual cost of $113,215.67. Attachments: Tabulation of Bids Memo to Co-op Members and Award Recommendations City of Delray Beach's Requirements Cc~ Joe Weldon, Director of Parks and Recreation Ray Eubank, Superintendent Parks and Recreation Brahm Dubin, Delray Beach Municipal Golf Course Tom Arendt, Delray Beach Municipal Golf Course City of Boca Raton City of Boynton Beach City of Belle Glade City of Greenacres City of Lake Worth City of West Palm Beach Solid Waste Authority of Palm Beach Town of Lantana AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST March 21, 2000 Date: March 16, 2000 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: Description of agenda item: Approve multiple awards to Iow responsive bidders for Bid #2000-11, Pipe Fittings and Accessories - Annual Contract, at an estimated annual cost of $235,031.66 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Award of Bid ~r2000-11 for Pipe Fittings and accessories - Annual Contract - to multiple vendors at an estimated annual cost of $235,031.66. Funding from various departments 2000-2001 operating budget. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all~,.~[~nvol~{ing ~xpenditure of funds): Funding available: Yes V'"-~/)~JOO Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Yes Hold Until: Agenda Coordinator Review: Received: Action: Approved (if applicable) No Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisox(~~ Joseph ~ce Director March 16, 2000 DOCUMENTATION - CTIY COMMISSION MEETING MARCH 21, 2000 - BID AWARD - BID #2000-11 PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve multiple awards to low responsive bidder(s), as listed for the purchase of pipe fittings and accessories, at an estimated annual cost of $235,031.66. Background: The Water/Sewer Network and Construction Division have a need for an annual contract for pipe fittings and accessories with funding from their operating budget. Bids for this contract were received on January 18, 2000 from ten (10) vendors, all in accordance with City purchasing policies and procedures. This bid contains twenty (20) groups for commodities which are inventoried in the Purchasing Warehouse, and the last group number twenty-one (21) is for the Capital Construction Division. (Bid #2000-11. Documentation on file in the Purchasing Office). A tabulation of bids and a award recommendation broken down per group is attached for your review. The Director of Environmental Services, the Manager of Water/Sewer Network, the Construction Manager and Purchasing have reviewed the bids and recommend multiple awards to vendors as listed below. See attached memo's dated March 08, 2000 and February 20, 2000. Awarded vendors are as follows: Vendor: Estimated Annual Amount: Hughes Supply $ 18,845.89 Lehman Pipe $ 4,156.85 Ferguson $ 18,475.44 Melrose $ 2,547.84 Sav-On Uitlity $ 15,535.12 Noland $ 719.25 U.S. Filter $131,020.65 Sunstate $ 12,586.41 A & B Pipe Supply $ 31,144.21 Total Estimated Annual Cost for City of Delray Beach $235,031.66 Recommendation: Staff recommends multiple awards to vendors as stated above at an estimated annual cost of $235,031.66. Funding from various department's operating budget. Attachments: Tabulation of Bids City of Delray Beach's Requirements Memo from Construction Manger Memo from Manager Water/Sewer Network City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: Jackie Rooney, Purchasing Supervisor Michael S. Offie, Manager of W/S Network Bid # 2000-11 March 8, 2000 I met with Leon Slydell to review the Pipe Fittings Bid and he and I both agree to award to Iow bidders in each group. We made recommendations for the items in group 20 based on past performance from these vendors. Thank you for your supreme effort in preparing this bid packge. Michael S. Offie CC: Richard Hasko, P.E., Director of Env. Svc's Dan Beatty, P.E., Deputy Director of Public Utilities File: u: wwdata/offie/bid #2000-11 AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda xxxx Consent Agenda Description of item (who, what, where, how much): CASE# ADDRE SS CONTRACTOR Agenda Item No.: ff. d' ~ Date: March 15, 2000 When: March 21, 2000 TOTAL GRANT AMOUNT 97-027 SHR 906 SW 11th Terrace Dakota Construction, Inc. $13,463.60 97-024 HR 808 SW 4t~ Avenue Abisset Corporation $17,634.80 96-011 HR 1312 Lee Street Abisset Corporation $19,178.30 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of two (2) Communi_ty Development Block Grant (CDBG) Housing Rehabilitation Grants and Contract Awards from Account 118-1963-554.49-19 in the total amount of $36,813.10 and approval of one (1) State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grant and Contract Award from Account 118-1924-554.49-19 in the amount of $13,463.60. Each grant amount includes a 5% contingency. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: ~~~~t~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure Funding available: ~_~O Funding Alternatives: Account No. & Description: ~k~-B Account Balance: ~~~~ Ci~ Manager Review: Approved for agenda:~O/N~ Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approve&Disapproved MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Ken Thomas, Community Development Coordinator LL'~ Lula Butler, Community Improvement Director ~ March 15, 2000 Community Development Division's Housing Rehabilitation Grant Awards for Three (3) Units ITEM BEFORE THE COMMISSION This is to request approval for three (3) Housing Rehabilitation grant awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation as determined by the Iow responsible bidder plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Community Development Division provides the City of Delray Beach's Instructions to Bidders and General Bid Specifications during the formal bid process to all contractors/companies participating in the City's Affordable Housing Rehabilitation Program. The Division is responsible for ensuring that housing rehabilitation contracts are awarded to the lowest responsible bidder who meets all of the requirements contained in the Instruction to Bidders. The Contract Award and Bid Summary sheets are attached for your reference. Bids were awarded to the lowest bidders. 3'./--6 RECOMMENDATION Staff recommends awarding the bids for three (3) Housing Rehabilitation projects to the verified responsible low bidders and authorizes awards in the following amounts: Case Number Address Contractor Grant Amount 97-027 SHR 906 SW 11th Terrace Dakota Construction, Inc. $13,463.60 97-024 HR 808 SW 4th Avenue Abisset Corporation $17,634.80 96-011 HR 1312 Lee Street Abisset Corporation $19,178.30 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-20 HR APPLICANT: Phyllis Miller PROJECT ADDRESS: 906 SW 11th Terrace DATE OF BID LETTERS: February 17, 2000 DATE OF BID OPENING: March 7~ 2000 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. J.A.S. CONSTRUCTION HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: AMOUNT OF BIDS $ $ $ $ $ $ 12,822.50 $ $ $ $ $ $ 12,860.00 $ $ 11~835.00 Dakota Construction~ Inc. BID/CONTRACT AMOUNT: $12,822.50 bid/contract amount (+ 5% Contingency = $13~463.60) FUNDING SOURCE: SHIP Rehabilitation Program Account No. 118-1924-554.49-19 COMMENTS: CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-20 HR APPLICANT: Evette Hu~hes PROJECT ADDRESS: 808 SW 4th Avenue DATE OF BID LETTERS: February 17~ 2000 DATE OF BID OPENING: March 7~ 2000 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. J.A.S. CONSTRUCTION HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: AMOUNT OF BIDS $ 16~795.00 $ $ $ $ $ 22~468.65 $ $ $ $ $ $ $ $ 14~500.00 Abisset Corporation BID/CONTRACT AMOUNT: $1C795.00 bid/contract amount (+ 5% Contin~encv = $17~634.80) FUNDING SOURCE: CDBG Rehabilitation Program Account No. 118-1963-554.49-19 COMMENTS: CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2000-20 HR APPLICANT: Mattie Simmons PROJECT ADDRESS: 1312 Lee Street DATE OF BID LETTERS: February 17~ 2000 DATE OF BID OPENING: March 7, 2000 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. J.A.S. CONSTRUCTION HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: AMOUNT OF BIDS $ 18,265.00 $ $ $ $ $ 23,869.13 $ $ $ $ $ $ $ $ 19~725.00 Abisset Corporation BID/CONTRACT AMOUNT: $18~265.00 bid/contract amount (+ 5% Contingency = $19,178.30) FUNDING SOURCE: CDBG Rehabilitation Program Account No. 118-1963-554.49-19 COMMENTS: TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, PLANNING AN~O~Vt'l 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. Adff~ltlcd ~1'~ Florida I'enns ylx ,m~,~. Delaware. Nc* IcI,Ly JEFFREY S. KURTZ, P.A. ATTORNEY AT LAW 12230 FOREST HILL BOULEVARD SUITE 110 G WELLINGTON, FLORIDA 33414 1561) 227-1529 l:a c',illlJle ~'5611 702-7398 February 4, 2000 VIA FACSIMILE AND REGULAR MAIL Diane Dominquez Planning Director C~ty of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: Creations of Delray/Conversion of Winn Dixie Site Condmonal Use Application Dear Dlalle: Following our discussion of last week, I h-ave met and reviewed the Ciiy's concerns with rny cl~em. The city staff and planning and zoning board ,,,,,ere reluctant to accept the parking study that has been presented, because of tile potential harm to tile area and neighboring businesses ~f tile study turns out to be incorrect. Although ilo evidence was presented to contradict Keith and Schnars findings and report, the concern about the adequacy of parking remains. During the course of our discussions, you and I have not been able to come up with any possible further studies or submittals wi'rich you would find convincing. It is my understanding that you would support tile payment of $300,000.00 in-lieu of fees (representing 50 spaces) and support the pro. leer moving forward w~th the additional square footage. As I 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 sire, as currently proposed and no contradictory evidence. I believe you concur in my thoughts that the best demonstrauon 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 demrmination as to how most effectively to spend those monies,'and ~f the parking study submitted with this ~pplication, proved to be accurate it would be Silly th~' C~tv to spend the monies to supplement parking in ~l]e immediate vicinity of the Creations prwecr. Drone Dorninquez 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 to 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 De]ray Beach and one which you are unsure as to tile 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 tile 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 Waldrnann, 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. I 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, Cl'l'~. MANAGER DIANE~oMI~NG~AND ZONING DIRECTOR MEETING OF FEBRUARY ~, 2000 CONDITIONAL USE MODIFICATION REQUEST TO ADD 10,000 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. 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 C~ty 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 w~th respect to Section 2 4.5(E)(5), Conditional Use F~ndings, in that the lack of adequate parking wdl have a significantly detnmental 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 CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: January 24, 2000 IV.H. Conditional Use Modification to Add 10,000 sq. ft. of Floor Area to the Approved Project for Creations of Delray Beach, Within the Former Winn Dixie Building, Located at the Northeast Corner of Pineapple Grove Way and N.E. 1st Street. Owner/Applicant ........................ Pineapple Grove Properties, Ltd. c/o The Pugliese Co. Agent ......................................... Jeffery S. Kurtz, Esquire Location ..................................... Northeast corner 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) 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. ff. of floor area to the approved project for Creations of Delray Beach. Water Service ............................ Existing on site. Sewer Service ........................... Existing on site. ~E ATLAN TIC AVENUE 2ND ST $.£. 1ST IV.H. iTEM B'EFOR'E THE 'BOARD II II 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 corner of Pineapple Grove Way and NE 1st 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. I! 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 fa(~ade 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. 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 .~*eff 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. 5. That the fa(~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. 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 3r~ 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 ~'~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, as 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." CONDITIONAL U'S'E~ ANALYSIS REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. 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 .e,~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 2.4.5(E)(5) 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 2.4.5(E)($) (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 e~aff Report Conditional Use Modificatic ;reations 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/1,000 square feet of leasable floor area, the proposed 41,000 square foot structure requires 164 parking spaces. The revised plan includes 89 parking spaces within the parking lot along NE 2nd 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 .~aff Report Conditional Use Modificatio 3reations 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 1 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 concern is whether or not the proposed use is comparable to a furniture store. ITE Trip Generation, 6th Edition provides the following definition: mA fumiture store specializes in the sale of fumiture, 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 .q,afl Report Conditional Use Modificatio .Creations of Pineapple Grove Page 7 The second concern noted by Pinder Troutman is the use of the ITE Parking Generation, 2nd 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 altemative 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 .eo~ff Report Conditional Use Modificatio ,~reations of Pineapple Grove Page 8 REVIEW BY' OTHERS'! Downtown Development Authority (DDA): The DDA reviewed the development proposal at its meeting of January 20th 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 Mainstreet Advisory Board (PGMS): PGMS reviewed the development proposal at its meeting of January 10th and supported the expansion. Site 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 , ASS, ESSM,ENT AND 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 o,~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. Co 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. 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. 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 iI ~ jill [! Jl J! l l! t ~ C ii L_ _J ! j! b 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 890. 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 1.5 parking spaces per 1,000 sf. In concertation with the client, we then went a step further and performed 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 sr. 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 sf. 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 efist 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. 8 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 areas. 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 microbrewery. 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 dearly 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. 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 7.55 trips per 1,000 sf for all the retail sales area, which involved the antique and furniture sections. On Saturday, a total of 565 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 sf. 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 T equals 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, 565 trips. Therefore, we feel this formula is consistent with the trip rate for the antique sales and interior design 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 Congress Avenue, Suite 1H West Palm Beach, FL 33406 (561) 434-1644 Fax 434-1663 Email: 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 t~o (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- PTC #00-09 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) 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 throu§h site studies, that the parking demand can be satisfied with an additional 10,000 SF. Approve the project with a covenant restricting the use to the sale of furniture and interior decorating accessories. /~drea M. Troutmln, p.l~./' ~/a/~ President / CC: Arnold Ramos Libbey Webb CA SON METHODIST CHURCH N.W, 3RD ST CITY ATTORNEY BUILDING MARTIN LUTHER KING JR. OR. TENNIS STADIUM CITY HALL N W. 1ST ST COMMUNITY ~z CENTER i,i .3RD NE ST 2NO ' g ST. OLD SCHOOL ATLANTIC AVENUE ST. ST S.E. 1 ST ST. r -IllllJJll II I1"111 Il' II II II OTY 01:' DELRAY BEACH. FL PLANNING & ZONING DEPARTi/~EN? CREATIONS OF DELRAY I -- ~)/~'//'A/, ~lSg' ~44P SYS,tE'M -- MAP lIEF. LM323 CITY COMMISSION DOCUMENTATION TO: FROM: MEETING OF: DAVID T. HARDEN CITY MANAGER MARCH 2'1, 2000 MACARTHUR FOUNDATION GRANT APPLICATION BACKGROUND ,AND ,DESCRIPTION The item before the City Commission is approval of a grant application to the MacArthur Foundation to address redevelopment issues within the downtown business area, including the CBD and the West Atlantic Avenue corridor from Swinton Avenue to 1-95. The dollar amount being requested is $145,000. In June of last year, the City Commission approved the application for a $20,000 matching Community Investment Grant from the Florida Department of Community Affairs Eastward Ho! Initiative to prepare a Central Business District Plan. However, due to the large number of applications received for the limited funds, the City did not receive the grant. Since that time, the Planning and Zoning Department and CRA staff have been working to find additional funding for the project. The MacArthur Foundation indicated that it would consider funding the project if several conditions were met--that the study area be expanded to include West Atlantic Avenue, that the project be structured to increase minority participation in the planning process, and that the program include elements to improve race relations. The Foundation has begun to direct funding to projects that examine growth and development issues such as those being experienced by Delray Beach, but on a more policy and socially-oriented basis. They are currently funding studies at two universities that will be involved in this projectmThe University of Florida College of Law, Center for Governmental Responsibility, and the FAU/FIU Joint Center for Environmental and Urban Problems. The studies are examining methods of accomplishing sustainable growth, and achieving redevelopment without displacement. University staff members will be examining those issues as they relate to Delray's redevelopment efforts. A major thrust of the MacArthur Foundation's involvement will be to maximize community participation in both the planning process and the eventual implementation of the plan. Another goal is to bridge the gaps between the commercial districts east and west of Swinton Avenue. The hope is that this experience will become a model for other similarly diverse communities that want to improve race relations and increase minority participation in decision-making processes. To accomplish this end, the Foundation has acknowledged that considerably more than the initial $20,000 request will be needed for the project. The outcomes that will be produced are: a development plan for the Central Business District and surrounding historic area; a strategy for implementation of the West Atlantic Avenue Redevelopment Plan that includes increased community participation; City Commission Documentation MacArthur Grant Application Page 2 coordination of the plans for surrounding neighborhoods with the business district plans; and a strategy for ensuring inclusiveness in the future planning and decision-making processes of the City and the CRA. A more detailed explanation of the study areas, the planning project, and the desired outcomes is included in the grant application. The project will be a joint effort between the City, CRA and MAD DADS, with each organization contributing funds to the project. The City will provide $10,000 in funding and an additional $10,000 in in-kind services (primarily research and data collection). The CRA will contribute $20,000 and MAD DADS will contribute $5,000. A Project Management Team has been set up to discuss the work program and prepare the grant application. If the grant is approved, this team will nominate members of a Steering Committee (for approval by the CRA and City) to act as the governance structure for completing the plan and its associated objectives. The CRA will take action on this application at their meeting of March 23rd. 'R~C~MMENDED'ActION ' '1 By motion, approve the submission of an application for a $145,000 grant from the MacArthur Foundation, with the City's funding as described herein. Attachment: [3 Grant Application TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, PLANNING AND SUBJECT: MEETING OF MARCH 2'1, 2000 DIRECTION REGARDING THE POTENTIAL ACQUISITION BLOCK 69 OF LOTS IN As you know, the Worthing Place project includes the construction of a parking garage on Block 69 that will be used for parking by the general public and by the GRIP building. As proposed, the garage would occupy three of the six lots located within the portion of Block 69 that was the subject of the recently adopted text amendment allowing the establishment of specified CBD uses. These lots (Lots 20, 21, and 22) are in the middle of the block (see attached exhibit). The properties to the north and south contain single story structures. The site plan for the garage was discussed at recent meetings of the Historic Preservation Board (HPB) and Parking Management Advisory Board (PMAB). As proposed, the garage will provide slightly more than 200 spaces in a building that is approximately 36 feet in height. It was suggested at both meetings that if more property could be acquired, the height of the structure could be reduced, or additional spaces added. Staff of both the CRA and Planning and Zoning Department think the acquisition of one or more of the adjacent lots would be beneficial for a number of reasons. If the properties to the north were acquired, the east/west alley could be widened, providing for improved traffic circulation and loading space behind the restaurants on Atlantic Avenue. Also, the garage could be designed to provide a gradual transition between the 32' high Masonic Lodge (Yama) building and the single story structures to the south. Another potential benefit is an increase in the number of public parking spaces that could be provided. If the garage were to occupy all six lots, approximately 420 spaces could be built in a 30' high continuous ramp garage with a very gradual slope. The negative aspects of the proposal are that it would require relocation of the existing structures, and it will incur costs that were not previously anticipated with this garage. Potential sites for relocation include lots within the OSSHAD district, the West Settlers district, or Osceola Park. The CRA has funds available from a 1997 bond issue that were already earmarked for downtown parking that could be used for the acquisition. A continuous ramp garage is relatively inexpensive to construct, and there may be some cost savings realized if the currently proposed subgrade parking is eliminated. The lots within Block 69 are not specifically identified in the Community Redevelopment Plan as a potential parking site, therefore, the City Commission must direct the CRA to pursue acquisition of the lots. The lots may be acquired by gift, purchase, or eminent domain. Direct the Community Redevelopment Agency to pursue the acquisition of Lots 19, 20, and 24 for the purpose of providing public parking. L ATLANTIC AVENUE Z Z S.E. 1ST ST. N CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT PORTION OF BLOCK 69 ~ - PROPOSED GARAGE LOCATION ~ - LOTS FOR POTENTIAL ACQUISITION -- DI~7~ ~ASE ~ SYS~M -- MAP REF LM404 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ¥ 0 - REGULAR MEETING OF MARCH 21, 2000 APPOINTMENT TO THE CODE ENFORCEMENT BOARD MARCH 16, 2000 At the City Comtmss~on meeting of January 18, 2000, Roger Simon was appointed to the Code Enforcement Board as a regular member. Tlus created a vacancy on the board for an alternate member 0ayperson) to fill Mr. Simon's unexpired term ending January 14, 2002. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member posmons shall be made on the basks of experience or interest in the fields of zoning and building control. The regular and alternate membershtp shall, whenever possible, mdude an archttect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would luke to be considered for appointment: Janet Baron (administrative) Diane Borchardt (planner) Michael Coston (reszdes in the north for 3 months m the summer) Josh Smith, Jr. (educator) A check for code violations and/or municipal liens was conducted. None were found, with the exceptmn of Mr. Smith (see attached). Based on the rotation system, the appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of an alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending January 14, 2002. RefiAgmemo3.Appt. to Code Enforcement Board BOARD MEMBER APPLICATION 199] Please type or ' t the folio ' information: Smith, Jr. 2. Home Address: 3616 Avenue DeGien 3. Legal Residence 3616 Avenue DeGten 4. Principal Business Address: N/A $. Home Phone: ( 561 ): 495-7220 6. What Board(s) are you interested in s~rvin$? Josh City Delray Beach City Delray Beach City Business Phone: ( ) N/A State FL State FL Zip Code 33445 Zip Code 33445 Zip Code In terms of priority: 1) Planning & Zoning Board, 2) Community Redevelopment Agency, 3) Code Enforcement Board List all Ci~ Bo~ds on which you are cu~ently se~ing or have previously se~ed: (Please include dates) Pompey Park Advisory Board 1997 Educationalqualifications: B.S. Degree (Chemistry, Hath & Science), Masters Degree (Educational Adm. & Supv.), Educational Specialist Degree (Adm. & Supv.), Doctorate Degree (Adm. & Supv.) Listanyrelated pro~ssionalcenificationsandlicen~s which you hold: 10. Give your presenL or most recent employer, and position: Retired Senior High School Principal (Palm Beach County School District) 1 !. De~ribe experiences, sells or knowledge which quali~ you m serve on Sis board: (Please attach a bHef~sume) Organizational Skills, Analytical Sktlls~ Verbal & Written Communication Skills, Problem Solving Skills, Conflict Resolution Skills & Human Relations Skills. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any ap~.ointment I may receive. 'tGNA'DURE DATE ,';o Note: RECEIVED OCT 2 6 1SSS This application will remain on file iA/hi ~i/y,r, rsd~C)ffice 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. RESUME JOSH SMITH, JR. Residence 36t 6 Avenue DeGien Delray Beech, FL 33445 (sst) 4ss.? o EDUCATION ALLEN UNIVERSITY, Columbia, S.C. B.a. in Chemistry, 8/62 Minors: Mathematics and Science FLORIDA ATLANTIC UNIVERSITY, Boca RetCh, FL M. Ed. in Administration & Supervision, 8/76 Ed. $. in Administration & Supervision, 8//7 Ed. D. in Administration & Supervision, 3/81 WORK EXPERIENCE 8/30/94 to Present Retired Senior High School Principal 2/16/83 to 6/30/94 DISTRICT OFFICES~ West Palm Beach, FL Principal on Special Assignment Department of Curriculum and Instruction Responsible for development of implementation plan for District-Wide 1993 Special Session/Summer School Responsible for extensive research on Year-Round Schools 158s. 03 Assistant Principal (Palm Beach County School District) 1879-1885 Dean of Students (Palm Beach County School District) . o62- 970 ~assreom Teacher (Palm Beach C4unty School Distrk~t) VARIED RESPONSIBILITIES Personnel Solo,~tJon Preparation of school ~enter budget Preparation of F.T.E. (School C4mter Funding) Internal Ao~ountfog School plant and facilities Supervision end Evaluation of school center personnel Supervision of custodial and c~feterla staffs Development of Marketing Plan and 8abaci newsletter School actMties and monthly event calendars FURTHER EDUCATION FURT#ER EXPERIENCE City College of New York [Chemistry] New York, N.Y. Florida State University [Chemistry] Tallahas&ee, FL Florida A&M University (Science) Tell&haslee, FL SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS INVOLVEMENT (Serving on Aocreditation Committees) 1893 t884 1880 1979 1978 Southwest Miami Nigh School - Miami, FL Miami Jackson High School - Miami, FL Westward High School - Fort Pior(~, FL Stone Middle School - Melbourne, FL Edgewood Junior Nigh School -Merritt Island, FL MR450102 City of Delray Beach Florida Invoice Inquiry 2/o7/0o 10:04:32 Customer ID . . . : Last statement : Last invoice : Current balanc~ : Pending ..... : 345 2/01/00 7/13/94 946.25 .00 Name: SMITH, J Jr & MARY B Addr: 3616 AVE DEGIEN DELRAY BEACH, FL 33445 Status: A ACTIVE e options, =Select press Enter. Opt Date -- 12/23 93 -- 6/13 91 -- 6/13 91 8/20 90 Invoice # 3084 774 15964 15965 14713 Current .00 .00 .00 .00 .00 Overdue 107.83 123.59 76.77 76.77 202.20 Total billed 107.83 123.59 76.77 76.77 202.20 F3=Exit F12=Cance1 MR430101 City of Delray Beach Florida Miscellaneous Receivables Inquiry 2/07/00 10:01:43 Customer ID . . . : Last statement : Last invoice : Current balanc~ : Pending ..... : Previous balance : Deposit balance : Type options, press Enter. 1=Select Opt Code 345 2/o1 oo 7/13/94 946.25 .00 946.25 .00 Open Activity Description _ ADM01 N/A ADMINISTRATIVE FEE CODE1 Nuisance Abatement _ CODE5 Recording Fees Name: SMITH, J Jr & MARY B Addr: 3616 AVE DEGIEN DELRAY BEACH, FL 33445 A ACTIVE Code Enforcement Current Overdue Total due 1.84 197.50 199.34 5.84 732.67 738.51 .06 8.34 8.40 F3=Exit F10=Combined detail F14=Deposit detail FT=Pending activity F11=Invoice inquiry F21=Other tasks FS=Charge hsty F12=Cance1 Fg=Payment hsty MEMORANDUM TO: FROM: SUBJECT: DATE: Lula Butler, Community Improvement Director ,, / Richard Bauer, Code Enforcement Administrator'~ ~ SUMMARY OF CASE HISTORIES REGARDING MR. JOSH SMITH'S PROPERTY ON SW 13TH AVENUE. December 14, 1998 NIJisance Ty_De Violations Case Number 90-11657 was initiated on 4/4/90 by Code Enforcement Officer Jeff Vorpagel for 221-223 SW 13th Avenue. The inspections indicated overgrowth and trash in the alleyway. A violation notice was mailed on April 4, 1990. A reinspection was done 4/16/90 with no change noted. A vendor was assigned and performed the work on 5/2/90 at a cost of $150. An invoice was sent 5/10/90 in the amount of $185 (including a $35 administrative charge). This invoice was not paid. (No data sheet-prior to computer) Case Number 90-505 was initiated on 11/9/90 by Code Enforcement Officer Marty Sohn for 221- 223 SW 13th Avenue. The inspection indicated trash and overgrowth in the alley area. A violation notice was mailed 11/9/90. A reinspection on 11/30/90 indicated no change. Subsequently, a vendor performed the work at cost of $78. An invoice was mailed on 1/14/91 in the amount of $133 (including a $55 administrative fee.) This, invoice was not paid. (No data sheet - prior to computer). Case Number 91-1315 was initiated on 9/17/91 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspection indicated overgrowth and trash in the road right of way and alley areas. A violation notice was mailed 9/17/91. On 10/1/91 a reinspection indicated the violations were corrected. Lula Butler December 14, 1998 Page Two Case number 91-2520 was initiated on 12/11/91 for 221-223 SW 13th Avenue by Code Enforcement Officer Emmanuel Guerrier. The inspection indicated overgrowth and trash in the road right of way and in the alley area. A violation notice was issued 12/11/91. On 12/26/91, a reinspection indicated the violations were corrected. o Case Number 92-4484 was initiated on 4/24/92 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspections indicated overgrowth and trash in the alleyway. A violation notice was issued on 4/24/92. On 5/8/92, a reinspection indicated the violations were corrected. Case Number 92-4486 was initiated on 4/24/92 for a vacant lot on SW 13th Avenue by Code Enforcement Officer Emmanuel Guerrier. The inspections indicated overgrowth and trash in the alleyway. A violation notice was issued on 4/24/92. On 5/8/92, a reinspection indicated the violations were corrected. Case Number 92-6655 was initiated on 8/18/92 for 221-223 SW 13th Avenue by Code Enforcement Officer Emmanuel Guerrier. The inspections indicated overgrowth and trash in the alleyway. A violation notice was issued on 8/18/92. The owner appealed the notice. Subsequently, the owner was granted an extension to 11/6/92 to comply. On 11/19/92, a reinspection indicated the violations were corrected. o Case Number 92-6656 was initiated on 8/18/92 for a vacant lot on SW 13th Avenue by Code Enforcement Officer Emmanuel Guerrier. The sequence of events is the same as for case number 92-6655, above. o Case Number 93-13370 was initiated on 6/30/93 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspection indicated overgrowth and trash in the alleyway and road right of way. A violation notice was issued on 7/14/93. The owner performed mowing on 7/26/93 but did not remove the trash in the right of way. Code Enforcement notified the owner and gave a time extension. A reinspection on 8/8/93 indicated all violations were corrected. Lula Butler December 14, 1998 Page Three 10. 11. 12. Case Number 93-14965 was initiated on 10/29/93 by Code Enforcement Officer Emmanel Guerrier for 221-223 SW 13th Avenue. The inspections indicated'overgrowth and trash, mostly in the alley area, and tree foliage over hanging into the alley area. The Code Enforcement Officer went to the owner's residence several times to attempt to discuss the problem but the owner was not at home at the time of his visits. A violation notice was mailed on 11/10/93. A reinspection on 12/3/93 indicated none of the violations were corrected. A vendor was assigned to do the work and completed the mowing, cleaning and trimming on 12/17/93 at a cost of $50. An invoice was mailed on 12/28/92 to the owner in the original amount of $105 (including a $55 administrative charge.) To date, the invoice has not been paid. Case Number 94-17239 was initiated on 5/5/94 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspections indicated overgrowth and trash in the alleyway area. On 5/10/94, a violation notice was issued. Subsequently, the owner was granted two time extensions until 6/10/94 to comply. The reinspection on 6/13/94 indicated the violations were not corrected. A vendor was assigned to do the work and completed the mowing and cleaning on 7/6/94 a cost of $35. An invoice was mailed on 7/19/94 to the owner in the original amount of $90 (including an administrative charge of $55). To date, the invoice has not been paid. Case Number 94-19456 was initiated on 10/12/94 by Code Enforcement Officer Dennis Dickson for 221-223 SW 13th Avenue. The inspections indicated overgrowth in the alley, including weeds and tree foliage, and exterior building walls requiring painting. A violation notice was mailed on 12/9/94. Subsequently, the owner mowed the overgrowth, but did not trim the trees and appealed the painting violation. Our vendor trimmed the trees but the owner was not invoiced because the work was done prematurely. At a hearing on 6/6/95, a hearing panel found the owner in violation of the painting requirement. A reinspection on 9/8/95 indicated the painting violation was corrected. Lula Butler December 14, 1998 Page Four 13. Case Numbers 95-27407 and 95-27408 was initiated on 12/4/95 by Code Enforcement Officer Dennis Dickson for 221-223 SW 13th Avenue. The inspections indicated overgrowth in the alley area. A violation notice was mailed 12/4/95. However, as a showing of good faith. City personnel sprayed weed killer on the overgrowth on or about 5/13/96. Hence, both cases were closed. 14. Case Number 97-37946 was initiated on 5/6/97 by Code Enforcement Officer Dennis Dickson for 221-223 SW 13th Avenue. The inspections indicated loose vegetation mixed with trash in the road right of way area. A violation notice was issued 5/6/97. A reinspection performed on 7/14/97 indicated that the violation was corrected. 15. Case Number 98-44812 was initiated on 4/23/98 by Dennis Dickson for 221-223 SW 13th Avenue. The inspection indicated overgrowth in the alley area. A violation notice was issued on 4/23/98, The owner requested a hearing which was held. At the hearing, the panel found the owner in violation and granted a 30 day compliance period. Due to an oversight, a written determination was not mailed by the panel to the owner until approximately 11/4/98 with a final compliance date of 12/4/98. A reinspection on 12/9/98 indicated the violation was not corrected. B. Abandoned Vehicles Case Number 92-3327 was initiated on 3/6/92 by Code Enforcement Officer Emmanuel Guerrier for 221-223 SW 13th Avenue. The inspection indicated an abandoned truck. A violation notice was issued 3/9/92. On 3/20/92, a reinspection indicated the vehicle was not removed. A time extension was granted to the vehicle owner until 4~30~92. On 5/1/92, a reinspection indicated the vehicle was removed. Case Number 97-39941 was initiated on 8/7/97 by Code Enforcement Officer Dennis Dickson for 221-223 SW 13th Avenue. The inspection indicated an unlicensed car on the property. However, subsequent investigation indicated that the vehicle owner did have valid license plate and the case was closed on 8/11/97. Lula Butler December 14, 1998 Page Five B. Abandone;I Vehi;!es (cont'd] Case Number 98-44815 was initiated on 4/23198 by Code Enforcement Officer Dennis Dicks0n for 221-223 SW 13th Avenue. The inspection indicate that unlicensed vehicles were parked on the property. A violation notice was issued 4/23/98. The notice was finally served on 6/15/98. A reinspection on 7/20/98 indicated the violations were corrected. C. General Violations Case Number 93-15544 was initiated on 12/16/93 for 221 SW 13th Avenue by Code Officer, Emmanuel Guerrier. The inspection indicated that the owner did not have a landlord permit. A violation notice was issued on 12/30/93. We later determined that the unit in question (221) was under HUD and that a landlord permit was not required. Hence, this case was closed. Case Number 97-36602 was initiated on 3/17/97 by Code Enforcement Officer Dennis Dickson for 221 SW 13th Avenue. The inspections indicated that a landlord permit was not obtained. However, the unit in question was vacated and not rented at the time of the Code Enforcement Board Hearing. This case was dismissed. Case Number 98-47076 was initiated on 8/3/98. This case was based on a letter of complaint submitted by Mr. Josh Smith and concerned a shed erected on SW 12th Avenue. The area was checked and no violation was noted. This case was closed. Case Number 98-50004 was initiated on 12/10/98 by a phone call from Mr. Josh Smith concerning 221-223 SW 13th Avenue. Mr. Smith reported vehicles parking in front of his duplex on the grass swale area. Code Enforcement Supervisior Tom Meeteer and myself visited the site on 12/10/98 and found One vehicle parked on the swale (road right of way.) We determined who owned the vehicle and requested that it be removed, although the area is road right of way and not posted no parking. We will request "No Parking" signs be posted in this area. Lula Butler December 14, 1998 Page Six D. Housina Code Case Number 98-49437 was initiated on 11/17/98 at 221-223 SW 13th Avenue. An inspection was made on 11/17/98 by Code Enforcement Officer Dennis Dickson based on a complaint from the tenant living in one of the units about vermin and tall weeds (in the rear of the property in the alley area.) The tall weeds were cited under case 98-44812. The vermin problem was reported to the property owner 11/24/98. Subsequently, the tenant verified an extermination service performed remedial action. Since the property owner performed voluntary corrective action, a violation notice was no! issued. A violation notice is pending for 223 SW 13th Avenue as there is no landlord permit on file for this unit and the tenant was not listed under a HUD or other Federal Program. E. Npn-CQnformina Landscape Case Number 93-12474 was initiated on 4/12/97 by Landscape Inspector Robert Kussner for 221-223 SW 13th Avenue. An inspection on 4/12/93 indicated deficiencies based on the minimum landscape code requirements. Courtesy notices were mailed on 5/5/93 and again on 12/1/93. Since the owner did not comply, a violation notice was issued on 4/12/96. A reinspection on 3/13/97 indicated non-compliance and the case was scheduled for the Code Enforcement Board. On 6/10/97, the property owner was found in non-compliance by the Code Enforcement Board and given to approximately 9/18/97 to comply or a $60 per diem fine would be assessed. A reinspection indicated non-compliance and the case was referred back to the Code Enforcement Board on 2/24/98, at which time another extension until 7/1/98 was granted and an accrued fine of $3,140 was held in abeyance for future discussion. A reinspection indicated compliance on or about 6/24/98. Another hearing before the Code Enforcement Board was held on 8/11/98 to discuss the accrued but unassessed fine. The board decided to reduce the $3,140 fine to $300 if the $300 was paid by 8/31/98. Failure to pay the $300 would result in a lien of $3,140 against the property. Since the fine was not paid, the $3,140 lien was filed on 9/17/98. RB:ib MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~fiL( AGENDA ITEM c/~_.~ - REGULAR MEETING OF MARCH 21, 2000 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD MARCH 16, 2000 The terms for Diane Borchardt and Deborah Dowd as regular members on the Nuisance Abatement Board will expire on March 31, 2000. Ms. Borchardt and Ms. Dowd were appointed to the board in March, 1997, for imual one year terms. In March, 1998, they were both reappointed for addittonal two year terms. They have both served two full, consecutive terms and are not eli~ble for reappointment. Edward Ostrowski, Jr., currently serving as an alternate member, is interested in being considered for appointment as a regular member. Attendance records are attached. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing emdence related to the exastence of certain public nuisances on premises located in the City. The board consists of five regular members and two alternate members. Members must be residents of the City and are appointed by an affirmative vote of at least four members of the C~ty Comn'nss~on. The following have submitted applications and would like to be considered for appointment: Michael Coston (resides up north 3 months out of the year) N. Jean Heinly Edward Ostrowski, Jr. (current alternate member) A check for code violations and/or mumcipal hens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner Schrmdt (Seat #1) and Commissioner Archer (Seat #2). Recommend appointment of two regular members to the Nmsance Abatement Board for two year terms ending March 31, 2002. RefiAgrnemo3 Appt. to Nmsance Abatement Board. Regular Members MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~F REGULAR MEETING OF MARCH 21, 2000 APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE MARCH 17, 2000 At the Cxty Commission meeting of April 20, 1999, Mayor Alperin (Seat #5) postponed the appointment of Provider of Affordable Housing; and Commissoner Schmidt (Seat #1) postponed the appointment of Real Estate Professional. The term for Provider of Affordable Housing is to fill an unexpnced term ending March 31, 2001. The term for Real Estate Professional ~s for a two-year term ending March 31, 2002. The term for Ilse Nathan and Terrance Turbyyfill (Citizen-at-Large) and Leshe Horenburger (Banking/Mortgage Industry) will expire on March 31, 2000. Ms. Nathan and Mr. Turbyffll are ehgible for reappointment and would hke to be consxdered for an adchtional term (attendance records are attached). Mrs. Horenburger (Banking/Mortgage Industry) has served two full terms and ~s not ehgable for reappomtment. The Affordable Housing Advisory Comrmttee meets on a bi-monthly basas (or as needed) for the purpose of developing strategaes to provide housing to meet a wade range of econormc abilities. City residency is not required. Assuming the applicants are acceptable, the appointments will be made according to the rotauon schedule as follows: Provider of Affordable Housmg - term ending March 31, 2002 (appointment by Mayor Alperin (Seat #5) Joe J. Farkas - also applied for Cmzen-at-Large & Banking/Mortgage Industry *Donald W. Goebel - also apphed for C~fizen-at-Large Brenda B. Montague Real Estate Professional - term ending March 31, 2002 (appointment by Commissioner Sehmidt (Seat #1) George Maso Jones Woodrow W. Lockett Citizen-at-Large (2) - term ending March 31:2002 (appointment by Commissioner Archer (Seat #2) and Commissioner Schwartz (Seat #3) Joe Farkas - also applied for Provider of Affordable Housing & Banking/Mortgage Industry Donald W. Goebel - also applied for Provider of Affordable Housing Ilse Nathan (incumbent) Terrance Turbyf, ll (incumbent) Banking/Mortgage Industry- term ending March 31~ 2002 (appointment by Commissioner Randolph (Seat #4) Cheryl Lynn Banks *Joe Farkas - also applied for Citizen-at-Large & Provider of Affordable Housing A check for code violations and/or municipal liens was conducted. None were found. In the event a position is not fdled, the appointment should be deferred to a future meeting so that staff can continue to seek qualified applicants. boardcomm~on.memo ahae 3 2100 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ' - REGULAR MEETING OF MARCH 21, 2000 RESOLUTION NO. 28-00 (AUTHORIZING PURCHASE OF 800 RADIO SYSTEM FROM MOTOROLA, INC.) MHz MARCH 17, 2000 On March 2, 1999, the City Commission approved Resolution No. 14-99 which authorized a sole source procurement of 800 MHz radio equipment from Motorola Communications & Electron/cs, Inc., and directed staff to commence negotiations w~th Motorola for the radio system's purchase. Per the attached memorandum from Captain Licata, a tentative agreement has been reached. The purchase price for a fully operational 800 MHz radio system is $2,973,671. Captain Licata and a representative from Motorola will be present at Tuesday's meeting to discuss the agreement and to answer any questions. Favorable consideration of Resolution No. 28-00 is recommended. Ref'2xgmemol.Res28-00.Purchase of 800 MHz Radao System from Motorola RESOLUTION NO. 28-00 A RESOLUTION OF THE CITY COMlV[ISSION OF THE CITY OF DRlr.RAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECtYrE A CONTRACT BETWEEN THE CITY OF DRI.RAY BEACH AND MOTOROLA, INC. FOR THE PURPOSE OF PURCHASING A FULLY OPERATIONAL 800 MHz TRUNKED RADIO SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has entered into an Agreement with the South Palm Beach County Communications Cooperative composed of the dries of Delray Beach, Boca Raton and Boynton Beach for the purpose of providing interoperafional communication systems to Public Safety and local government users for mutual aid purposes; and WHEREAS, the City of Delray Beach as part of the South Palm Beach County Communications Cooperative would like to enter into a contract with Motorola, Inc. for the purchase of a fully operational 800 Ml-tz tmnked radio system at a purchase price of $2,973,671; and WHEREAS, such contract has been prepared and a copy thereof is attached hereto; and WHEREAS, the radio communication system requires software for operation, this resolution hereby authorizes the approval of the Motorola Software License Agreement, hereto known as Exhibit B of the Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor is hereby authorized to execute the contract between the City of Delray Beach and Motorola, Inc., a copy of which is attached hereto. Section 2. That if any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 2), That all ordinances and resolutions or parts of ordinances and resolutions and all sections and parts of sections in conflict herewith be, and the same are hereby repealed. Section 4. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regnlar session on tim the 21't day of March, 2000. ATTEST: ...... ~/--city-cle4/k ' - From: Date: - Subject: DELRAY BEACH POLICE DEPARTMENT David T. Harden Captain Ross Licata ~ District 3 Commander March 13, 2000 RECOMMENDATION TO PURCHASE THE PROPOSED 800 MHz ,TRUNKED RADIO SYSTEM FROM MOTOROLA Atter lengthy negotiations with Motorola, Omnicom Inc. and the negotiating team of the South Palm Beach County Communications Cooperative have reached a tentative agreement for the purchase of an 800 MHz trunked radio system providing the Cooperative with an interoperational communications system to Public Safety and local government users for mutual aid purposes. The final draft of this agreement and statement of work has been reviewed and approved by the legal staffs from each Cooperative city. As a result, it is the recommendation of the negotiating team that the Cooperative move forward with the purchase of this radio system. Attached for your review is a draft resolution recommending the purchase of the Motorola 800 MHz Radio System and approval of the Motorola Sottware License Agreement. For your information, the Cities of Boca Raton and Boynton Beach will be voting on a resolution to approve this Motorola Contract and Software Agreement on March 21*. It should be noted that if the Cooperative fails to meet the March deadline it could jeopardize Motorola's ability to stage our radio system with Palm Beach County. This would result in an additional Stand-Alone Staging expenditure to the Cooperative of $166,500. If you have any questions, or ifI can be of any further assistance, don't hesitate to call me. cc: Chief Ovenmn MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER Cf~ AGENDA ITEM ~.'~/t/.'~ ~'. REGULAR MEETING OF MARCH 21, 2000 INTER.LOCAL AGREEMENT (AMENDED) TO ESTABLISH SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS DATE: COOPERATIVE MARCH 17, 2000 On September 9, 1997, the City Commtss~on approved an interlocal agreement between the cities of Boca Raton, Dekay Beach and Boynton Beach which estabhshed the South Palm Beach County Public Safety Commumcattons Cooperanve (PSCC). The PSCC ~s a cooperattve arrangement amongst the crees for the purpose of promdmg an 800 MHz radio communicauon system benefiting public safety and local government through expanded capabihties. As we have moved forward with the radio system project, the final design differs somewhat from the original anttclpated design. Therefore, an amended PSCC mterlocal agreement is appropriate to reflect the parameters of the final design. A copy of the amended agreement, m legislanve format, is attached for your remew. Recommend approval of the interlocal agreement, as amended, to establish the South Palm Beach County Pubhc Safety Communications Cooperative. RefiAgmemol.Amended Interlocal Agreement PSCC Radio System 0 ; INTERLOCAL AGREEMENT to establish South Palm Beach County Public Safety Communications Cooperative THIS AGREEMENT, entered into this 2"d day ofFeb.ruary, 1998, by and between the CITY OF BOCA RATON, the CITY OF DELRAY BEACH and the CITY OF BOYNTON BEACH, each a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, each of the parties presently maintains a police/fire department and local government with radio communications services, and WHEREAS, the Parties desire to enter into a cooperative arrangement to provide a communication system with operation and maintenance services benefiting public safety and local government; and WHEREAS, the use ora cooperative of the three municipalities to provide radio communications services expands the geographical use of available frequencies for mutual aid and day-to-day activities; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and PSCC Interlocal 1 Revised 3/17/00 WHEREAS, pursuant to this interlocal agreement, the municipalities' respective police and fire departments and local government will be able to communicate with each other benefiting public safety concerns; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of communicating services without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each Party. NOW THEREFORE, The Parties, in consideration of the mutual promises, terms, conditions and benefits hereinafter set forth, the receipt of which is hereby acknowledged, do hereby agree as follows: Section 1. DEFINITIONS 1. "800 MHTJUHF TRUNKED S!~.~JLCAST SMART ZONE RADIO (TSR) System" or "System" shall mean the entirety of the jointly-shared TSR system, to include Backbone Items and User Specific Items, as such system will exist following the completion of the Project. 2. "Backbone System" shall mean those non-user specific elements of the System which shall may be jointly owned, used or shared by the Parties and shall rnav include, but not be limited to, the construction, modification and/or furnishing of new or existing transmitter/receiving sites and related subsystems as required for such System; the construction and/or modification and out-fitting of new or existing equipment storage facilities at such sites; security of such items, base stations, transmitters/receivers, microwave subsystem, - trunkmg/ ........... smart zone PSCC Interlocal 2 Revised 3/17/00 controllers/system managers, related software and any other jointly owned, used or shared items. 3. "FCC" shall mean the Federal Communications Commission or any successor agency. 4. "Project Coordinator" shall mean the person designated by the Cooperative Board of Directors to be responsible for the interface between the Parties and the day-to-day coordination and management of the Project during the planning and construction phases. The Project Coordinator shall perform the duties assigned under this and any other Agreement between the Parties relating to the Project or the operation and maintenance of the System. The Project Coordinator is a position required by the Federal Communications Commission (FCC). The Project Coordinator shall be appointed from the Project Team. 5. "Project Team" shall mean the team composed of representatives designated by each Party to advise the Project Coordinator. The Communications Directors of each Party must be a part of the Project Team. 6. "User Specific Items" shall mean those elements of the System required for each Party's individual communications system, purchased, installed and/or used individually by each Party and shall include, but not be limited to, radios, dispatch consoles, encryption devices, computer terminals, and other communications structures. Each Party shall be responsible for developing its own requirements for User Specific Items and supervising the installation thereof at locations determined by such Party. Section 2. THt; PSCC AND THlg BACKBONE SYSTEM A. This agreement constitutes an interlocal agreement authorized by Section 163.01, Florida Statutes, being a joint exercise &power shared in common which any PSCC Interlocal 3 Revised 3/17/00 City could exercise separately and shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. B. The purpose of this Agreement is to provide for the establishment and operation of a cooperative local government and public safety communication radio system for the mutual advantage of the cities. C. The term of this Agreement shall be for thirty (3.0) years fi.om the execution of this Interlocal Agreement by all Parties hereto, unless sooner terminated as provided herein. D 1. There is hereby created an administrative agency to be entitled the South Palm Beach County Public Safety Communications Cooperative, herein after referred to as "PSCC". The PSCC shall have the following general powers by the Parties: 1. Lease, sublease or be assigned the lease of real property from any political subdivision of the State of Florida; 2. Receive funds, including but not limited to gifts, grants and bequests, from any source, public or private, provided that no power to levy taxes or assessments be inferred herefi.om; 3. Improve and maintain any and all real property acquired by lease, sublease or assignment ora lease; 4. Purchase, lease and install fixtures and moveable property appropriate to a local government and public safety radio Backbone System; 5. Enter into contracts; and 6. Exercise any other power that may be necessary for the operation of a cooperative local government and public safety radio Backbone System or that PSCC Interlocal 4 Revised 3/17/00 may hereafter be agreed to by all Cities if within the common powers of all Cities; 7. Hold titles and licenses for the operation of the radio Backbone System. D2. The PSCC shall be governed by a board of three (3) people to be known as the Board of Directors, which shall consist of the City Managers of each City or their designee. A chairperson shall be selected by and I~om the Board membership. A secretary shall be selected by, but not from, the Board membership. The chairperson and secretary shall serve for a term of one year and may serve successive terms without limitation. Board members shall serve without compensation from PSCC; however, any City may reimburse the member representing that City for expenses incurred for attendance at meetings. Each Board member shall be entitled to one vote. The presence ora representative of each Party shall be required to constitute a quorum. Action of the Board shall be by majority vote of the Board. Each City Manager shall select an alternate member for the Board, who shall serve in the absence of the regular member for whom he or she is an alternate. The Board shall establish such procedural rules and regulations for the conduct of its meetings as it may deem necessary, including the recording of minutes. The Board shall meet at least once a year and at such other times as the Board shall determine. All decisions of the Board shall be published in a set of minutes, prepared by a recording secretary selected by the Board. The minutes shall be prepared and distributed to the City Manager and City Clerk of each of the Parties within fifteen (15) days following each meeting of the Board. The minutes shall be ratified by the City Commission or City Council of each Party. E. The Board of Directors may assign questions relating to the daily PSCC Interlocal 5 Revised 3/17/00 administration and operation of the function of the communications radio system to a committee which shall be known as the Administration Committee. The Administration Committee shall consist of one representative of each Party to be appointed by that Party's City Manager. It is the intent of this Agreement that such appointments will be made from Communications Center Managers and/or Directors. An alternate member shall be selected by each City Manager to serve in the absence of the regular member. Each member of the Administration Committee shall be entitled to one vote. The Committee shall meet at such times as the Committee deems necessary. The Administration Committee shall attend all meetings of the Board. Members shall serve without compensation from PSCC; however, any City may reimburse the member representing the City for expenses incurred for attendance at meetings. All actions of the Committee shall be subject to the review and approval of the Board of Directors. F. It is the intent of this Agreement that the PSCC shall be established with Local Government and Public Safety radio communications as the main function of operation. However, the Board of Directors may from time to time, subject to the approval of the governing bodies of all Parties, add additional functions to the system as it may deem to be in the best interests of the public. G. The Administration Committee shall prepare the annual operation budget for submission to the Board of Directors. The Administration Committee shall keep an accurate accounting of the financial operation of the PSCC and shall report quarterly to the Board of Directors on the financial condition of the PSCC. 1. The Party, CITY OF DELRAY BEACH's Finance Department shall act as the lead agency with respect to the administrative work in preparing the annual budget, setting up and monitoring necessary PSCC Interlocal 6 Revised 3/17/00 banking accounts and/or special revenue funds, and maintaining funds for disbursement for the PSCC shared expenses. The CITY OF DELRAY BEACH Finance Department shall perform this administrative function at no cost to the PSCC or the other Parties. 2. Each Party/City shall independently provide monies and issue purchase orders for the purchase of user specie items. 3. Each Party/City shall provide monies to the PSCC for the purchase of '*'~,,,,~ shared Backbone e,,~, ....,~ ,~i~,~A .... : ....* items. 4. The CITY OF DELRAY BEACH Finance Department shall maintain all financial records. H. The annual budget of the PSCC shall be approved by the Board of Directors and submitted to the City Managers of the Parties no later than May 1 st of each year. Each annual operating budget of the Cooperative shall be approved by resolution of the independent governing bodies of each Party. Any unbudgeted financial commitments shall also be approved by resolution of governing bodies of each Party. The first fiscal year of the PSCC shall begin with the effective date of the Agreement, ending September 30, 1998, and shall thereafter be concurrent with the fiscal years of the Cities. The annual budget for the fn'st fiscal year of the PSCC shall be prepared and adopted by the Board of Directors no later than sixty (60) days following the effective date of this agreement. I. The Parties hereby warrant and represent that each has the full legal authority and financial ability to operate and maintain the shared Backbone .................... ,,.,,,.m items through the PSCC. PSCC Interlocal 7 Revised 3/17/00 PSCC Interlocal Revised 3/17/00 T T~.,..' ,., +1.,~ +,~ ...,,e+L;., T,.I.~,l,-,,..,1 A ....... + ,..,.,,,1 ~..,,-+,~..,,..:,,, +T, .... ,t" +L,~. Section 3. TITLE TO SHARED BACKBONE SYSTEM E. QUIPMENT AND SOFTB'ARE LICENSES The PSCC shall hold title to the shared Backbone &yst. em et~uiomenr. Proprietary sof~ware required for the operation of the Backbone $gst~ and user spec.ific equipmem shall be licensed to the PSCC in a manner which will permit its independent use by each Party, and include appropriate warranties running directly to the PSCC. Section 4. TORT LIABILITY To the extent permitted by law, each Party, the CITY OF BOCA RATON, the CITY OF DELRAY BEACH, and the CITY OF BOYNION BEACH shall each be responsible for its own negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 786.28, Florida Statutes. Section 5. WITHDRAWAL FROM 800 MHz/UHF TSR SYSTEM Afl, er the contract(s), pursuant to the provisions of Section 1.C. above has been executed, and installation of the Project has commenced pursuant to such contract(s), PSCC lnterlocal 9 Revised 3/! 7/00 any Party may, upon three (3) years prior written notice, as described below, withdraw from the System and terminate their interest in this agreement. A. There shall be no refund of any payments under this Agreement of the costs of the shared Backbone gystem equipment or software to a Party should that Party decide to cease using the Backbone gystem equipment or software. B. If this Interlocal Agreement is terminated by any party, then that party may r~move all User Specific Items purchased solely by it for attachment or addition to the system, or sell such User Specific Items to the remaining parties at a price to be negotiated at that time. If such User Specific Items are removed, all removal expenses shall be the responsibility of the removing Party. C. If any Party sells its User Specific Items to an agency that is not a party to this Interlocal Agreement, that agency shall not become a party by virtue of the purchase of the equipment. D. No Party shall remove or disconnect any User Specific Items from the system that would result or cause the system to malfunction or disrupt service to the system users. PSCC Interlocal 10 Revised 3/I 7/00 ....... :..~ ,.,,~ .~,:~ ^ ....... + ~,,~ u ..... ,~a Nothing contained here~ shall co~titute a waiver of the right of~y P~ to d~ges occ~ioned by ~y breach of t~ Agreement by the other P~. GE. Should ~y P~ elect to Mth~aw ~om t~s A~eement, the other P~ies shall make ~gements to relocate all PSCC equipment si~ated h the city li~ts of the wkhdrawhg Pray. Section 6. ADDITIONAL AG~EMENTS, AMENDMENT Ager the Project ~ co~leted ~d the Sy~em is operatioml, no additional p~ies, coopermive agencies, or additioml expamion of the Back, ne System may ~ added or deleted ~om such System without the ~en approval of the P~ies and an mendment to t~ Agreement add~g such addkional paay, agency, or additional expansion to the Backbone System. U~n ~tten coment of the Bo~d of Dkectors, ~divid~l p~ies may su~ontract se~ices to ~clude ta~ ~oups to other gove~ent or regulato~ ~encies. These se~ices sha~ not exceed thek respective allocation. S~fion 7. OPE~TION ~ ~N~CE The P~ies recog~e that t~s Agreement provides for the plmg, acquisition ~d co~tmction of the Project. The ~tial cost oft~e ce~ain ~dio Backbone ~ eauiument shall be sh~ed equally among the P~ies to the agreement. U~ess the PSCC Interlocal 11 Revised 3/I 7/00 Parties provide to the contrary in the subsequent amendment to this Agreement, each Party shall be responsible for (i) 100% of the cost of operating and maintaining its User Specific Items included in the System, and (ii) each Party is responsible for '.'ts Fro r",,ta ,, ....... one-third (I/3).of the cost of operating and maintaining the shared Backbone o ...... u ~ T ~t,u:o T.,~.~.~ ^ ...... * After appropfiatio.n and budgeting of funds by the Parties, payment to the PSCC for the cost of operating and maintaining the shared Backbone ggstem equipment shall be made n': ~.~.., ~ ...... j annuallv. The budget distributed to the City Managers of the Parties shall be based upon the good faith, written calculations made by the Project Coordinator, :'"'~'"~;"" .,..,-..* ~T.~;.,.,. /' .... 1...,.,., .e~...+l., ,~.., 0 ...... 1.. O T ~.e+l.,,;,,. T.~-~.1......,-,1 ^ ...... + The Parties shall have a right to examine the records used by the Project Coordinator in making the calculations upon which payment by the Parties to the PSCC for maintenance and operating expense of the Backbone $gstem equioment will be based. The PSCC shall insure funds collected are disbursed to the maintenance vendor. PSCC Interlocal 12 Revised 3/I 7/00 Section 8. AMENDMENT TO AGREEMENT This Agreement shall not be amended or modified except in writing executed by the Parties, and approved by resolution of the independent governing body of each Party. Section 9. MISCELLANEOUS PROVISIONS 1. Each person signing this Addendum on behalf o ,f either party individfially warrants that he or she has full legal power to execute this Addendum on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Addendum. 2. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 3. Any notice govern pursuant to the terms of this Interlocal Agreement shall be in writing and hand-delivered or sent by certified mail, return receipt requested. Notice shall be sent to each City Manager of the Parties. 4. If any terms or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. 5. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Interlocal agreement shall be held in Palm Beach County, Florida. PSCC Interlocal 13 Revised 3/I 7/00 6. This Interlocal Agreement represents the entire understanding of the Parties, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties hereto. 7. All provisions of this Agreement calling for the.expenditure of ad valorem tax money by any Party is subject to annual budgetary funding, and should any Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated as to that party. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF BOCA RATON Attest: City Clerk, City of Boca Raton Approved as to Form and Legality City Attorney Boca Raton, Florida Carol G. Hanson Mayor of Boca Raton, Florida Date CITY OF BOYNTON BEACH Gerald "Jerry" Taylor Mayor of Boynton Beach, Florida PSCC lnterlocal 14 Revised 3/17/00 Date Attest: City Clerk, City of Boynton Beach Approved as to Form and Legality City Attorney Boynton Beach, Florida CITY OF DELRAY BEACH Attest: Jay Alperin, D.D.S. Mayor of Delray Beach, Florida Date City Clerk, City of Delray Beach Approved as to Form and Legality City Attorney Delray Beach, Florida STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instmmem was acknowledged before me this ~ day of ,1997, by Mayor ., on behalf of the City of Boca Raton. He/she is personally known to me or has produced as identification and did/did not take an oath. Sanle: Notary Public Serial Number: My Commission Expires: PSCC lnterlocal Revised 3/17/00 15 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this~ day of ., 1997, by Mayor ., on behalf of the City of Boynton Beach. He/she is personally known to me or has produced as identification and did/did not take an oath. Name: Notary Public Serial Number: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of ., 1997, by Mayor , on behalf of the City of Delray Beach. He/she is personally known to me or has produced as identification and did/did not take an oath. Name: Notary Public Serial Number: My Commission Expires: PSCC lnteriocal 16 Revised 3/17/00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~7~I AGENDA ITEM ~..i~ - REGULAR MEETING OF MARCH 21, 2000 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY (SMART ZONE CONTROLLER) MARCH 17, 2000 The City of Delray Beach, as part of the South Palm Beach County Public Safety Commumcations Cooperative, wtll be contracting for a Motorola SmartZone Trunked Racho System. Eqmpment known as the SmartZone Controller is necessary to provide audio routing and control signaling funcuons reqmred to interface various independent commumcations systems and provide interoperab~hty between the inchmdual systems. Palm Beach County has contracted to purchase, install and operate the SmartZone Controller, and will permit the City of Delray Beach to connect to it for operatton and coordmanon of its independent racho system. In mm, the City will pay a fair share of the operauon and maintenance costs associated with the Controller on a pro ram basis. Costs include system adrmmstrat~on, utilities, eqmpment, software and component renewal, replacement costs, and maintenance. Transport costs of data from the Delray Beach Pohce Department to the Controller at 7800 Forest Hill Boulevard in West Palm Beach are the City's responslbihty and will be done ma leased T-1 telephone c~rcuits. Further negotiations and an addiuonal agreement will follow as costs are identified and negotiated. I recommend authorizing the Mayor and the City Clerk to sign an interlocal agreement with Palm Beach County for the purpose of setting forth parameters under whtch the County will make specific components of its 800 MHz Trunked Radio System available to the City of Dekay Beach (as party to the South Palm Beach County Public Safety Communicattons Cooperative). This will fac~tate the planning, design and installation of the Cooperative's commumcauons systems in the short and long term, and provide for mteroperable radio communicauons between County and City agencies and departments. Ref-Agmemol Interlocal Agreement. PBC SmartZone Controller .. MAR-l?-2000 11:29 FAC DEU OPNS ADM 1 561 233 0206 P.O1 PAI.M BEACH COUNTY FAC!I.IT!E$ DEVELOPMENT ,& OPERATIONS FAX 'TRANSMITTAL March 17, 2OO0 To: Captaia Ross llCota, City of Delray Beach Police Department Fax No. 561-243-7166 From: Audr~ Wolf, Director Fa~Hti~ Development & Operations Phone Ilo. 561-233-0204 Fax No. 561-233-0206 Re: 15 Total (including this page) Remarks Captain - Attached is the revise! ~terlocal al~en~ Five orighmls will be delivered to your office on or before Monday. All 5 originals will need to be si~ued by each dty and all 5 returned to me for execution by the Board. Let me know if you have any questions. Audrey I~you do riot re./ye all piL~es, have d/fJicul~y reading text. or have received thi~ fax in error, please 0215. INTERLOCAL AGREEMENT This IN OCAL AGREEMENT, is made and entered into this _ day of ,2000, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida ~'COUNT~) and the dries of BOCA RATON ('BOCA RATON") and DELRAY BEACH ('~)~.I.RAY BEACH") and BOYNTON BEACH C'BOYNTON BEACH'), each a separate munidpal corporation existing under the laws of ~ State of Florida. WITNESSETH WI~. _REAS, the Citie~ of Boca Raton, Delray Beach, and Boymon Beach, have established via interlocal Agreement the South Palm Beach Coumy Public Safety Commtmication$ Cooperative for the Imrpose of expanding the geograpktc use of available frequencies for mutual aasismnce and daily activi~es and the establishment and operation of radio communications syst~..ms; and WHEREAS, the COUlqlWhas committed to the purchase, design, installation, and operation of an 800 MHz Trm~.ed Radio System to meet the needs of the Palm Beach County Sheriffs Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach County general government agencies; and WHEREAS, the COUNTY and the Cities have determined that the ability to provide interoperable systenus is critical to the effective and efficient provision of public safety services; and WHEREAS, it has keen determined mutuany beneficial to all Parties to execute this Agreement which se~s forth the parameters undex whtch the radio systems of the Cities and the COUNTY emu be connected saving the taxpayers money of both the COUNTY and the Cities as well as the opportunity to receive the public safety benefit of interoperability; and ~, Section ].63.01, Florida Statutes, permits public agencies to enter into interloeal Agreements to jointl:/exer~e any power, privilege, or authority which tach agencies share in common and whi,:h each might exercise separately: NOW THEREFORE, In eonJtmetion with the mutual covenants, promises and representations contained herein the parties hereto agree aa follows. SECTION 1: Purpo::e The purpose of this Agreement is to set forth the parameters under which the COUNTY will make Ipectfic components of its 800 MHz Trunked Radio System available to the COOPERATIVE in order to facilitate the planning, design and installation of the COOPEI~TIVE's communication systems in the short term and, in the long term, provide Page 1 o[ 14 MAR-I?-2000. . 11:~0 FAC DEO [PNS ADM 1 S61 ~3 0~06 PoOS for interoperable radio coramuni~tions between the COUNTY and the cities participating in the COOPERATIVt: SECTION 2: Definitions 2.01 ]3OYNTON BEACH Site The City of Boymon Beach's primary radio communicat/ons site located in Tract B, Rolling Green Ridge Second Addition, City of Boynton Beach. - 2.02 ~.~lllg]_lt~ The Central Hub consists of the radio communications system operated by ~e City of West Palm Beach and includes those dries utilizing the system thro~h intertocal agreement with the Civ] of West Palm Beach. 2.03 .;ities The City of Boca Raton, the City of Delray Beach, and the City ofBoynton Beaclg as individual entities, but used in context of this Agreement to mean each city acting in the collective. 2.04 ..City-County Roaming Talk Group Talk groups established on a municipal radio communications system for which the SmartZone controller will assign channel resources on the County's communications systems when units from the talk group are registered on the- System. 2.05 Common Coun _t!nvide Talk Groups. Talk groups established on the County's communications system that are made available w munidpaliries and other non- County agencies. Th~e talk groups must be programmed into agency radios and be selected by the user. 2.06 _Controller The Controller is the group of equipment components that provide audio muting and control sig~n]ing functions required to interface various independent commtaications system and provides interoperable operations between the individual systems. 2.07 _COOPI~,T1VE The South Palm Beach County Public Safety Commttrdc~ons Ccoperaflve which was established by BOCA RATON, DFLRAY BEACH AND BOYNTON BEACH to collec'dvely provide a radio communications system wMch provides radio cormnuntcations for the three cities. All references to the COOPERATIVE shall also refer to each of the Cities of Boca Raton, Delray Beach and Boynton Beach and to the approval of all actions of the COOPERATWE by the Cities pursuant to the Imerlocal Agreement establist~a~g the COOPERATIVE dated 2/2/98. 2.08 COOPERA~'s$~em'I he 800 MHz truuked radio system or systems, funded, pm'chased, installed, maintntned and ownedbythe COOPERATIVE orthe individual dries. The system, ¢,r systems, shall include the fixed network and field radio transmitting Pase 2 of 14 ~-17-2000 11:~1 F~C DEU OPN$ ~D~ i SG1 2~3 020G P.04 and receiving equipmenr~ microwave equipment and/or leased communication wansport lines as required for o~mmunications between sires, dispatch center equipment and fadlities required for the operations of each citys public safety and government services functions, and the towers and physical facilities require ro house and m~rwa~r~ the system equipment. 2.09 Microy~_ ye. S._vst~ A communicafiom system utilizing frequendes in the microwave rang.-, w route audio and control sitpaals between sites in a multi-site communications syst,.m. 2.10 'North Hub The North Hub is a COOPERATIVEly established communications system proposed to be developed by the munidpalities in the northern County area. 2.11 parties ,all entities that have executed ~ Agreement which include the COUNTY, BOCA RATON, DELRAY BE~kCH AND BOYNTON BEACH. 2.12 Prime Site The location of the COIJNTTs SmarrZoneTM Controller. 2.13 Roaming Feature A feature of the SmartZone controller that allows units from specified talk groups to register omo communications systems assodated with the SmanZone controller when beyond the coverage of their primary system. Additionally these talk groups ~':e assigned communications channels on the systems where units registered when the~ is talk group activity. 2.14 South Hub The South Hub refers to the communications system, facilities and operallons proposed by the South Palm Beach County Communications COOPERATIVE. 2.15 Svsren!. The 800 MHz Trunked Radio system funded, purdmsed, in,smiled, maintain~i and owned by the County. The system will include fixed and field transmitting and receiving equipment, a microwave system for communications between sites, remote and prime site control and management equipment, dispatch consoles and related equipment and a SmartZone controller located at the prime sire. SECTION 3: COUN'I~S 800 MHz Tnmked Radio System 3.01 The C.3UNTY will purchase, install, and operate a Sma.rcZone" Controller, capable of expansi~m to 48 ports, at its Prime Site. The COUNTY will solely fund the purchase and own the Controller. The COUNTY will allow the COOPF2ATIVE to cormect to the Controller utilizing a maximum of 6 ports. The COOPERATIVE acknowledges that the GOIJ-NTY has upsized rahe Gontroller to be able to accommodate the capacity requirements of the COOPERATIVE as transmitted to the COUNTY on August 28, 1998. The COOPERATIVE also acknowledges that by entering into this Agreement, the COUNTY must Page Il of 14 increase the capacity of the Controller to a level sufficient to accommodate the anticipated requirem~ts of the ,~outt~ Cenwal and North Hub as conceptualized in the Countywid~ Public Safer7 Commua~aziot~ System for Municipa/~tie~ prepared in 1995. 3.02 ;~ubject to Section 3.06, the COOPERATIVE agrees to pay its fair share of the operation and maintenance costs associated with the Controller on pro rata basis. The operations and main~:enance costs to be included are: system adminisuafion costs (which includes personnel costs), ufih'ties, equipment, software and component renewal, replacement costs, ;md controUer maintenance costs (which may be ou~-sottrcecl or performed by the County). 3.03 Subject to Section 3.06, the COOPERATIVE will be solely responsible for any and all pennLtting and/or licensir~g costs associated with its use of the Controller. 3.04 Subject to Section 3,06, the COOPERATIVE will be solely responsible for any and ali cosu. assodated with the purchase of equipment components, modules, interfacing hardwa~: and the installation services required to utilize the SmartZone" Conu'oller. 3.05 The COOPERATIVE agrees that only the COUNTY will connect to, expand, or or. henvtse modify System components which are owned by the COUNTY. The COOPERATIVE will fund such actions to be undertaken by the COUNTY on the COOPERATIVE's behalf, and pursuant to the terms of figs Agreement. 3.06 The COOPERATIVE will onlybe finandally respons~le for those _,__~_'_ons undertaken on the COOPERATIVE% behalf when the COOPERATIVE has agreed to the costs in writing prior to co_mmencement of the activity. 3.07 In order to facilitate the COOPERATIVE's needs, the COUNTY agrees to make the SmartZone Controller available to the COOPERATIVE within 30 days of the COUNTY's acceptarLce of the SmaimZone Controller and the Prime Site. Acceptance is defined to be when Motorola has fi,lHlled iu, contract requirements for the SmartZone Controller and the site and building improvements of the Prime Site, regardless of the progress/status of the r~-mainder of the contract requirements or project status. The COOPERATIVE aclutowledges that the microwave communications system will not be in place at the time of early acceptance of the Sma.,xZone Controller and the Prime Ske, and will be solely finamcially responsible for the communications costs associated with uansporfing the silpmls to the Prime Site. Page 4 oir 14 M~R-17-2000 11:32 F~£ DEU OPNS ADH I 561 233 0206 P.06 SECTION 4: COUNIY'S Digital Microwave Commtmicafions System 4.01 Pursuant to a separate agreemer~ between the COUNTY and BOYNTON BEACH, the COUNTY will locate dtgkal microwave communications equipment at the Boynton Site. The COUNTY will allow the COOPERATIVE to use the microwave system as a communication path between the COOPERATIVE and the Controller located at the COUNTY's Pzime Site. 4.011 At the time of execution of figs agreement k is anfldpated by the COOPERATIVE that Boynron Beach will solely urilt~.e the 6 TI capacity in the Microwave System reserved for use by the COOPERATIVE pursuant to separa! e agreement and that DelrayBeach and Boca Raton will tra,~ort from their systems to the COUNTY's Prime Site via leased Tls and not via the Microwave System. If that continues to be the case, all references to ~che COOPtkRATIVE" in Sections 4.02 through 4.05 will clmnge to Boynton Beach. 4.012 If Delray Beach and Boca Raton subsequently decide w ur!li~-e the Microwave System directly from their respective systems to the COUNTY's Prime Site, the individual City will be totally responsible for ail costs associ;.ted with the purchase, installation, ownership, operations and maintenance of equipment solely for its benefit. The provisions of Section 4.03, 4.04 and 4.05 will also then apply to Delray Beach and/or Boca Raton. 4.02 The COUNTY will be responsible for the purchase, installation, ownenhip and physical mah~enance and operation of the microwave equipment at the Boynton site. The COOPERATIVE agrees to pay its fair share of the operation and maintenance costs as sociated with the Microwave System between the Boynton site and the COUNT's Prime Site, on pro rata basis. The operations and maintenance costs to be included are: system adminlswaflon costs (which includes personnel costs), utilities, equipment, softwar.*, and componen~ renewal and replacement costs, and microwave equipment rnaintenlmce costs (which may be ouI-sourced or performed by the County). 4.03 Subject to Section 3.06, the COOPERATIVE will be solely responsible for all costs associated with interfaces between the Microwave System and the COOPERA~'s radio system. 4.04 The COOPERATIVE agrees that only the COUNTY will connect to, expand, or otherwise modify Microwave System components which are owned by the COUNTY. Subject ':o Section 3.06, the COOPERATIVE will fund such actions to be undertaken by the COUNTY on the COOPERATIVEs beh.~lf, and pursuant to [he terms of this Agreement. Page S of* 14 MAR-l?-2000 11:32 FA~ DEU OPNS ADM 1 561 233 0206 P.O? 4.05 The COOPERATIVE must provide conceptual design details, space requirements, power needs and capacity requirements for their interface requirements for both the Boynton site and the COUNTY's prime site. Adequate time shall be allowed for the COUNIY to review and respond to the requirements, and any modifications necessary on behalf of the COOPERATIVE shall not impact the schedule or cost of the COUNTY's SECTION 5: COOPERATIVE's Notification of Intent to Participate and Conditions Precedent to COOPERATIVE's Participation - 5.01 The COOPERATIVE agrees to provide the COUNTY with adequate written notice of its intent to ~lt~e the Controller. Such notice will include the date upon which it desires re, connect, necessary capadty requirements as well as evidence documenting BOCA FATON'S, DELRAY BEACH'S, AND BOYNTON BEACH'S fumn~ ability to implement the COOPERA~'s radio system. Notice which does not include such finandal information will not be considered adequate notice by the COUNTY. 5.02 Within 40 days of the receipt of the Notice described in Seaion 5.01, the COUNTY shall provide the COOPERATIVE with a cost estimate associated with the COOPERATIVE's connection to the Controller. The estimate provided by the COUNTY shall include supporting cost documentation from Motorola on those items which it will directly provide and/or install. The COOPERATIVE will review the estimate and provide to the COUNTY funding in an amount equal to the estimate so that the COUNTY may undertake the equipment additions and modifications to accommodate the COOPERATIVE's intercormec~on to t?.e COUNTY's Controller interface. In the event that the actual costs are less than the estimate, the remaining funds will be returned to the COOPERATIVE. The COUNTY must receive the funds no later than 60 days prior to the connection date identified in the noti.:e described in Section 5.01. Failure ofthe City to provide such funding by this time, may delay the actual date of connection to the Controller. 5.03 Upon receipt by the COUNTY of the COOPF. RAT1VE~ notice pmsuant to Section 5.02, the COUNTY and the Cities will commence negotiations and enter into an interlocal agreemert: which addresses, at a minimum, the following items. 5.031 The method of calculation for the operation and maintenance fees assodated with the Controller, pursuit w Section 3.02 of this Agreemem. 5.032 The method of calculation for the operation and maintenance fees assodared with the Microwave System, purstmm to Section 4.02 of this Agreement. Pu~e 6 of 14 MAR-17-2000 ~1:~ ~AC DEU OPNS ADM 1 561 25~ 0206 P.08 5.033 The ~ning and manner of payment of operation and m~utensnce fees to the C. OUNTY. This se~on will also tden~y the frequencyby which the fee schedu:.e will be updated. 5.034 7.dentificafion ofthe documentafion necessary to demonstrate that any and all permitting or licemhtg fees have been or will be paid by the COOPI:ILATIVE or the Cities, which are specific to the COOPERATIVE or the Cities t-.se, to the appropriate permitting or licensing entity. 5.035 The means and methods of interoperability between the individual agendE~ and establishing control and managemem methods, authoritylevels and authority appointments required to administer interoperable commrnications between participating agendes will be a section of the agreement. This part of the agreement shall establish the admires' trative authority, the software and hardware mechanisms, and the operational methods required to protect partidpating systems from unauthorized or excessive loading, to manage, modify, and maintain the unit identification, talk group configuration, and talk group assignment data for the partidpating systems, and to define the methods of operation required to coordinate inter- system activities. 5.036 The amount and manner of involvement of the COOPERATIVE in the daily aad on-going administration of the System. 5.037 Provisions for notification of times when the System will be out of service for planned maintenance or modification, as well as notification in the event of failure or emergency. 5.038 The term of use of the System bythe COOPERATIVE. 5.04 The COOPERATIVE will not be permitted to connect to the System until such interlocal agree.anent is executed by the COUNTY and the Cities. SECTION 6: System Capadty Forecast Assumptions The COUNTY and the COOPERATIVE agree that it would be mutually benefidal to maximize the numbe~ of city-county ralk groups with capabilities for System-wide roaming. The system design fr,recast does not project any System capadty is available w achieve this objective. However, as the System is used, the COUNTY will have actual System use data that can be used in lieu of the System use assumptions used for the original system capacity projection. The CO LINTY agrees to pefiodicalIy reevaluate law enforcements use of the System compared to the use projections. The specifics of this evaluation are identified in Attachment A to rhi.; Agreement. Page 7 oi~ 14 MAR-l?-2000 11:~ FAC DEU OPNS ADM I 561 2~ 02~6 P.09 SECTION 7: COOPERATIVE's Acknowledgement of COUNTY Expenditure The COOPEP~_TIVE acknowledges that by entering into this Agreement, the COUNTY has allowed the COOPERATIVE to save in excess of $1,000,000 as well as avoid costs assodated with establishing a microwave link from the Boynton site to the Prime Site in excess of $125,000. SECTION 8: COUNqW'S Obligations to COOPERATIVE's System _ Nothing in this Agreement shall represent a commitment by the COUNTY, or shall be construed as intent by the COUNTY, ro fund any portion of the COOPERA~'s Syst~-m- SECTION 9: Frequencies The Parties agree that the frequencies held by Palm Beach County and the frequendes held bythe COOPERATIVE shall be separate and shall be implemented and used at the sole discretion of the individual parties. SECTION 10: Liability The parties tc this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein sbal! be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statures. SECHON 11: Term of Agreement The term of this Agreement shall be for a period of four (4) years from execution. The Affre~ment may be mewed for a period of (2) years upon written modifl~flon by all Parties. SECTION 12: Amendments to this Agreement 12.01 This ,~greement may be amended from time to time by written amenament by all Parties. 12.02 In the future, If the County enters into an agreementCs) with other municipalities which terms are more favorable than those contained in this Agreement, the County agrees to amend this agreement, by written amendment executed by the County Adinirdstrator or his designee, the Director of Facilities Development tit Operations to match the more favorable, this provision does not apply to Sections 3.01, 4.01, 4.09., and 7 ofthts Pa~e 8 of 14 MAR-l?-2000 11:34 FAC DEU OPNS ADM 1 561 233 0206 P.10 SECTION 13: TemPtation 13.01 This Agreement nmy be terminated by any party at any time prior to receipt of notice pursuant to Section 5.01, with or without cause, and with 60 da~ notice to all other Parties. 13.02 After x~.~'eipt of notice pursuant to Section 5.01, the COUNTY can only terminate if the Parties fail to enter into an agreement pursuant to Section 5 of this Agreement, or as a result of any other default by the Cities pursuant to this Agree. mem. SECTION 14: Annual Budget Approprialions The COUNTY$ and Cities' performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose bythe Board of County Commissioners and each individual! City Council. SECTION 15: Notices Any notice given pursuant to the terms of this Agreement sbsl! be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the COUHTY: Director, Facilities Development & Ope. rations 3323 Belved~.-e Road, Building 503 West Palm Beach, Florida 33406 With copy to: Director of Communications Division 3323 Belvedece Road, Building 506 West Palm Beach, Florida 33406 County Anomey's Office 301 North Olive Ave, Suite 601 West Palm Beach, Florida 33402 Page 9 of 14 M~R-l?-2000 11:3~ FF~C DEU OPNS ~DM I ~61 233 0206 P.11 As to BOCA RATON: Ci~ Manager City of Boca Raton 201 W. Palme~o Park Rd. Boca Raton, Fl.. 33432 Chtef of Police: City of Boca Raton 100 NW Boca Raton Blvd Boca Raton, 1~, 33432 As to Dg~RAY BEACH: City Manager City of Delray Beach 100 NW Fu'st Ave. Delray Beach, Fl. 3~~ With copy to: Chief of Police. City of Delray Beach 300 W. Atlantic Ave Delray Beach, FI. As to BOYNTON BEACH: City of Boyntlm Beach 100 E. Boynwn Beach Blvd. Boynton Beach, FI. 33435 With copy Chief of Polic a City of Boynton Beach 100 F_ Boynttm Beach Blvd. Boynwn Beach, FI. 33435 Page 10 of 14 M~R-l?-~000 11:~4 F~C DEU OF)NS ~DM I ~61 ~ 0~06 P.12 SECTION 16: Applicable Law/Enforcement Costs This Agreement shall be governed by the laws of the State of Florida. In the event that any action, or s~k proceeding is commenced with respect to r. he interpretation or enforcement of this A~reemem, the prevailing party in such action, suit, or proceeding shall be entitled to recovex all costs, expenses and fees including without limitation, reasonable attorney's fees, incun~l by such party in connection therewith. SECTION 17: A copy of this Agreement shall be filed by Palm Beach County with the Clerk of the Ciraflt Court in and tbr Palm Beach County. SECTION 18: Deleg:~tion of Duty Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Sta'~-utory duties of ally party. lN WITNESS WI-~REOF, the parties have caused this Agreement to be executed on the day and year first wrkter, above. ATrEST: DOROTHY H. WILt<~N, Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Legal Suffidenc)n County Atxomey Page 11 of 14 MAR-l?-~000 11:~5 FAC DEU [I°NS ADM 1 561 CITY OF BOCA RATON, Clerk CITY OF BOCA P, ATON. BY ITS CITY COMMISSIONERS BY: BY: Mayor Legal SuffidencT: City Attorney CITY OF DEI2AY BEACH, Clerk CITY OF DELRAY BEACH. BY ITS CITY COMMISSION.S BY: Mayor Legal Sufficiency: Attorney CITY OF BOYNTON BEACH, Clerk CITY OF BOYNTON BEACH. BY 1TS crIY COMMISSIONERS BY: , Legal Suffidency: Mayor City Attorney l~,e 12 of 14 MAR-l?-2000 1.1:35 FAC DEU OPNS ADM i 561 233 0206 P.14 Attachment A System Capacity Forecast Re-evaluation In order to implement Section 6 of the Agreement, the COUNTY agrees to the following. Two (2) years after final acceptance of the System and complete migration of PBSO to the system and every th:ee (3) years thereafter, the forecast of System capadty will be re- evaluated. The re-ex-aluation will entail the substitution of act~,~1 System use data for System use assumptions used to determine System capacity. The re-evaluation will be done by performing an Erlang studybased on actual system usage data, aw_~__~! unit quantities and, revised unit quantity growth for the remairdng system build-ouL The System use assuz.~ptions used to determine the original system capacity projections are identified as follows: System Build-out: 2013 Number of Voice Ch~mnels: 27 (See note below) Calculation Model: Erlallg-C Standsrd Call - Seco~ls/UniLs: 3.778 seconds Loading: Call/Hour/Unit: 1.7036 call-seconds Worldng Channel Overhead: 0.5 seconds Maximum Acceptabl,.- Delay: 1 second Average Message: 4.278 seconds Offered Load: 14.3634 erlangs Basic Grade of Service: 0.20 percent De!_~yed Call Grade of Sereice: 0.01 percent Percentage of Ttme each Channel in Use: 53.2% Age. ney Parameters: Law Enforcement Fire-Reseue/~$ Gen. Govern.Total Unit Quantity by 20:.3 Peak Erlang by 2013 3412 1405 2278 7095 6.91 2.84 4.61 14.36 Note: Implemenmti,:m of two additional channels capable of county~de coverage is required to meet the operational minimums for the full 15 year system life cycle. To determine the a~ailabllity of system capacity to support dty-county talk groups, the above assumptions ,~tl be compare with actual use data and the assumptions will be adjusted accordingly for law enforcement. Using the adjusted parameters an Erlang-C study shall be performed to determine capacity usage. Pa~ 13 of 14 MAR-l?-2000 11:35 FAC DEU II°NS ADM i 561 233 0206 P.1S In the event that the re-evaluation indicates that overall law enforcement usage is less than rha~ computed by the assumptions (including the projected growth in number of COUNTY law enforcemen: radios and r. he act. al use for those projected radios), the COUNTY will re- direct that law enforcement capacity difference to allow for certain talk groups to have the rosining feature activated. Municipalities proposing roaming talk groups shall provide Erlang study data to demonstrate the identified available capacity cau support the call uafflc from the proposed city-county talk groups. To ensure comparable Erlang study results, mtmldpal studies shall be based on the same methods and calculation model as used for the County's study. The number of sped/lc dty-comxty t_.~ group w use the roaming feature will be based on an evaluation of all city-county talk groups, capadty needs for each talk group, the capadty available, the number of radios with access to the talk group, the risk/stress involved in activities using each talk group. ~nd any moniwring requirements. All ddes in the Coumy will be able to parfidpate in the identification of law enforcement dW-county talk groups for consideration to go to System-wide roaming. The COOPERATIVE acknowledges flint ar ~y capad~ which may be re-assigned ro enable dry. county talk groups with the roaming fea'mre is available w all dries in the County not onlythose in which the COOPERATIVE routinely participates. As the System has count3rwide coverage k will not be necessary for COUNTY users to activate a roaming feature. As a result, any costs assodated with the re-programming of subscriber units and the SmartZone controller will be borne in its entirety by the entity proposing ~he cky-ccumy talk group. The re-assignment of any capadty initially forecasted to fire rescue and general government users, is at the sole discretion of ',he COUNTY. Pa~e 14 of 14 TOTAL P.15 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ]O. I~. - REGULAR MEETING OF MARCH 21, 2000 ORDINANCE NO. 6-00 (RESIDENTIAL DENSITIES IN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT) MARCH 16, 2000 This is second reading and the second public hearing for Ordinance No. 6-00 which amends LDR Section 4.4.9, "General Commercial (GC) District", to allow densities of up to twelve (12) units per acre as a permitted use and up to thirty (30) units per acre as a conditional use in the West Atlantic Avenue Overlay District, subject to performance standards. Pursuant to Amendment 99-1, the following policy was added to the Comprehensive Plan: ~unare .Land Use Element Poh'~v A-5. 6 The City shall amend the General Commerdal (GC) [oning da'strict to accommodate increased multiple fami[y denszttes over 12 units per acre, but not to exceed a maximum of 30 units per acre as a condationaluse in the West~4tlantic,4venue Redevelopment~4rea Overlay. The proposed LDR text amendments are necessary to implement this Comprehensive Plan policy. The proposed amendments were reviewed and recommended for approval by the West Atlantic Redevelopment Coalition (WARC) on February 16, 2000. The Community Redevelopment Agency reviewed and recommended approval of the proposed amendments on February 24, 2000. The Planning and Zoning Board considered the text amendments at a public heating held on February 28, 2000. No one from the public spoke on the matter. The Board voted 5 to 0 to recommend approval based upon a positive finding that the amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan. At first reading on March 7, 2000, the City Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 6-00 on second and final reading, based upon the findings and recommendation of the Planning and Zoning Board. RefiAgmemo21.Ord6-00.LDR Amendment. Denmy.WAA Overlay District ORDINANCE NO. 6-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND DEV~J.OPMENT REGULATIONS OF THE CITY OF DFJ.RAY BEACH, TO _AIJ.OW DENSITIES OF UP TO TWELVE (12) UNITS PER ACRE AS A PERMITTED USE AND UP TO THIRTY (30) UNITS PER ACRE AS A CONDITIONAL USE WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, SUBJECT TO PERFORMANCE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a pubhc heating held on February 28, 2000, and voted unanimously to recommend that the changes be approved; and WHERE2sS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change 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 D~.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.9, "General Commercial (GC) District", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: See Exhibit "A" attached hereto and made a part hereof. Section 2. That should any section or provision of this ordinance or any pordon thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such derision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of orclin,nces in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. · e 21st PASSED AND ADOPTED in tegular session on second and final reading on this day of March ~ 2000. ATTEgT: Ci~ de~:k t ' First Reading March 7, 20 00 Second Reading March 21, 2000 - 2 - Ord. No. 6-00 EXHIBIT 'A' TO ORDINANCE NO. 6-00 Section 4.4.9 General Commercial (GC) District: (B) the GC Overlay Principal Uses and Structures Permitted: The following are allowed within District as permitted uses, except as prohibited in the West Atlantic Avenue District by Section 4.4.9(G)(1 )(a): (5) Dwelling units in the same structure as commercial uses provided that: me,,.e.-thaa-.at least 50% of the gross floor area is devoted to commercial uses; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre; (E)- Review and Approval Process: (4) All applications for commercial or multiple family residential development, including signs, within the West Atlantic Avenue Overlay Distdct will be forwarded to the ~^,~.o+ ^+,.,,,+;,. A ....... A,..~,;m,.+ .... , o..,,; .... ~-,,,,,,,;~.~. ,~or,~ West Atlantic Redevelopment Coalition (WARC) and the Community Redevelopment Agency for comment. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (b) All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or SW 5:h Avenue must contain nonresidential uses on the ground floor facing the street. Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and non-residential uses are located in the same structure, residential uses and non- residential uses must be physically separated and have separate Free standing or mixed-use residential development up to twelve (12) units per acre is a permitted use. Density may exceed twelve (12) units per acre, up to a maximum of thirty (30) units per acre, as a conditional use. Density may exceed 12 units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards listed below, the West Atlantic Avenue Redevelopment Plan, required findings of Section 2.4.5(E), and applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding these provisions, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the Redevelopment Area. The following performance standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than twelve (12) dwelling units per acre: (1) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and (2) design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is (3) encouraged. A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and fiats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum (4) percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of 9 feet or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the (5) (6) intent of this standard. The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape on West Atlantic (7) Avenue. The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. Nonresidential ground floor space has ceilings not less than ten (10) feet in height. For buildings fronting on West Atlantic Avenue, NW 5~ Avenue, or SW 5~ Avenue, at least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. Section 4.4.9 General Commercial (GC) District: (BI the GO Overlay Principal Uses and Structures Permitted: The following are allowed within District as permitted uses, except as prohibited in the West Atlantic Avenue District by Section 4.4.9(G)(1)(a): (5) Dwelling units in the same structure as commercial uses provided that: mere-tha~-at least 50% of the gross floor area is devoted to commercial uses; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre; (E)' Review and Approval Process: (4) All applications for commercial or multiple family residential development, including signs, within the West Atlantic Avenue Overlay District will be forwarded to the t^l~.,+....,,.,, ,^+l"~n+i"'.,. ..,. ^. ., ~r,,~,;+=,,+. . .... . ,. o=,,; .... r,,,~,,~i~,~. .. ~=r-~ West Atlantic Redevelopment Coalition (WARC) and the Community Redevelopment Agency for comment. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the GC District. (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (b) All buildings fronting on West Atlantic Avenue, N.W. 5th Avenue, or SW 5t" Avenue must contain nonresidential uses on the .qround floor facin.q the street. Dwelling units are permitted within the same structure as commercial uses with no restriction on the percenta,qe of each use allowed. In the event that residential and non-residential uses are located in the same structure, residential uses and non- residential uses must be physically separated and have separate accessways. ""'~ '~":'~*;'" unit= "~='l .".ct ~'~ ~"""*~"~ ~'~ *~'~ "-~,.~"~ fl~r Tho (h) Free standing or mixed-use residential development up to twelve (12) units per acre is a permitted use. Density may exceed twelve (12) units per acre, up to a maximum of thirty (30) units per acre, as a conditional use. Density may exceed 12 units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards listed below, the West Atlantic Avenue Redevelopment Plan, required findings of Section 2.4.5(E), and applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding these provision.s, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the standards. For those types of proiects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the Redevelopment Area. The followinq performance standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than twelve (12) dwellinq units per acre: (1) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the buildinq setbacks or planes of the facade are offset and varied. In structures having more than two stories, stepping back of the .upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the followinq elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions,, quoins, decorative tiles, or simi!ar.distinRuishing features. (2) If the building includes a pa.rkin~ ~arage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar buildinq materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rLqhts of way is devoted to window di.splays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. (3) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and fiats. In proiects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentaqe established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. (4) The interiors of the dwelling units provide unique features and conveniences that distin.quish them from standard multi-family proiects and create an attractive livinq environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling hei.qhts of 9 feet or greater; extensive use of natural li.qhtin.q; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the (5) (6) intent of this standard. The development provides common areas and/or amenities for residents such as swimminq pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adiacent to the buildin.q are enhanced by providin.q additional sidewalk area at the same level as the abuttin.q public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adiacent to the development are enhanced in a manner that is consistent with the streetscape on West Atlantic (7) (8) Avenue. The development provides opportunities to share parking, accessways, driveways, etc., with adioinina properties, or provides additional parkin.q spaces that may be used by the public. Nonresidential ground floor space has ceilings not less than ten (10) feet in height. For buildings fronting on West Atlantic Avenue, NW 5th Avenue, or SW 5 TM Avenue,'at least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such buildin.q is devoted to display windows and to entrances to commercial uses from outside the building. MEETING OF: AGENDA ITEM: FEBRUARY 28, 2000 IV.H. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) PROVIDING FOR AN INCREASE IN RESIDENTIAL DENSITY OF UP TO THIRTY (30) UNITS PER ACRE IN THE WEST ATLANTIC OVERLAY DISTRICT The item before the Board is that of making a recommendation to the City Commission on amendments to the General Commercial (GC) Zoning District, LDR Section 4.4.9(B) Principal Uses and Structures Permitted, Section 4.4.9(E) Review and Approval Process, and Section 4.4.9(G)(1) West Atlantic Avenue Overlay District Supplemental District Regulations. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. One of the items included in Comprehensive Plan Amendment 99-1 was to amend the GC land use description to correct an inconsistency between the land use and zoning descriptions regarding stand-alone residential uses, and to establish a maximum allowable density. In the General Commercial (GC) zoning district, stand-alone multiple family developments are allowed subject to the RM zone districts regulations, which allow a density up to 12 units per acre. Thus, it is inferred that the maximum residential density for mixed-use developments is also 12 units per acre. During the processing of the amendment, the Community Redevelopment Agency (CRA) requested that a greater density be permitted within the West Atlantic Avenue Redevelopment Area, via the Conditional Use process and subject to the same performance standards that apply in the Central Business District. The West Atlantic Avenue Redevelopment Plan calls for two to four story mixed-use buildings with either residential or office on the upper floors. The intent of the mixed-use scenario is to provide residences to support the commercial and service uses in the redevelopment area, and to encourage economic development. Due to the density limitations in the current regulations, residential uses would be generally limited to one floor only. On March 15, 1999, the Planning & Zoning Board considered the CRA's request to allow the increased density in the West Atlantic Avenue area. Staff suggested that given the Iow density residential developments north and south of the redevelopment area, the density could be limited to a maximum of 30 units per acre, with density Planning and Zoning Board Memorandum Staff Report Residential Density - West Atlantic Oveday Page 2 increases over 12 units per acre subject to a conditional use approval. The Board agreed that the increase should be subject to a Conditional Use approval, but didn't feel it was appropriate to establish a maximum. After some discussion, it was determined that the ultimate density would be limited by such development standards as maximum building height and coverage, setbacks, minimum dwelling unit sizes, and parking requirements. The amendment was transmitted to the State Department of Community Affairs (DCA) with a density of up to 12 units per acre for all of the GC areas except the West Atlantic Avenue overlay, where there would be no specified units per acre maximum. DCA reviewed the amendment and requested that a maximum dwelling unit/acre be specified for West Atlantic. In order to satisfy their request, staff proposed that the language be amended to add a maximum density of 85 units per acre for the West Atlantic Avenue Redevelopment Area, since this maximum is theoretically possible under the GC zoning district development standards. The revised amendment was reviewed by the Planning and Zoning Board on September 27, 1999 and a positive recommendation was made to the City Commission. At the City Commission hearing on October 19, 1999, several people expressed their concern that the 85 unit per acre density was too high. The City Commission modified the amendment by limiting the density to 30 units per acre. This amendment proposes to allow residential density up to 30 units per acre in the West Atlantic Avenue Redevelopment Overlay Area as a Conditional use and subject to performance standards. The issue of maximum density within this area was discussed and decided last year during the process of amending the Comprehensive Plan (Amendment 99-1). REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was noted: Future Land Use Element Policy A-5.6 The City shall amend the General Commercial (GC) zoning district to accommodate increased multiple family densities over 12 units per acre, but not to exceed a maximum of 30 units per acre as a Conditional Use in the West Atlantic Avenue Redevelopment Area Overlay. Planning and Zoning Board Memorandum Staff Report Residential Density - West Atlantic Oveday Page 3 The proposed text amendment is necessary to implement this Comprehensive Plan Policy. Therefore, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment was reviewed by the West Atlantic Redevelopment Coalition (WARC) on February 16, 2000. The Board recommended approval of the proposed amendment. The proposed amendment was reviewed by the Community Redevelopment Agency on February 24, 2000. The Board recommended approval of the proposed amendment. 1. Recommend approval of the proposed amendment. 2. Recommend denial of the proposed amendment, in whole or in part. 3. Continue with direction. Recommend that the City Commission adopt the attached amendment to the General Commercial (GC) Zoning District, LDR Section 4.4.9(B) Principal Uses and Structures Permitted, Section 4.4.9(E) Review and Approval Process, and Section 4.4.9(G)(1) West Atlantic Avenue Overlay District Supplemental District Regulations. Report Prepared by Ron Hoggard, Senior Planner s:\planning & zoning\boards\p&z board\text amendment for west atlantic density.doc TO: FROM: SUBJECT: CITY COMMISSION'DOCUMENTATION DIANE DOMINGUEZ, P & Z DIRECTOR_~~/~/'~ CITY COMMISSION MEETING OF MARCH 21, 2000 CONSIDERATION OF AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PARKING LOTS AND POCKET PARKS WITHIN RESIDENTIAL DISTRICTS BACKGROUND Pursuant to the Seacrest/Del-lda Park Neighborhood Plan, the Community Redevelopment Agency has acquired several properties in the Seacrest neighborhood for construction of off-street parking lots and has submitted plans for site plan review. Currently, parking lots not associated with a use are not a permitted use in the city's residential districts. The CRA also proposes to include a pocket park adjacent to one of its proposed parking lots. This proposed park will include a playground for neighborhood children. Although recreational facilities are currently allowed as an accessory use attendant to a subdivision and operated under a bonafide homeowners association, there are no provisions made in the LDRs for locating parks in existing residential neighborhoods other than through a rezoning of the property. The proposed amendments will add pocket parks as a permitted use to the R-l, RL, and RM zoning districts. It is noted that the original ordinance would have restricted these uses to public facilities, however, the City Attorney advised against that limitation. For additional background and analysis see the attached P & Z Board staff report. REVIEW BY OTHERS AND PLANNING AND ZONING BOARD CONSIDERATION At its meeting of January 13, 2000, the Community Redevelopment Agency reviewed the proposal and recommended approval of proposed amendments. At its meeting of January 24, 2000, the Planning and Zoning Board held a public hearing in co'njunction with review of the request. No one from the public spoke on the matter. The Board voted 7-0 to recommend approval of the proposed amendments. At its meeting of February 15, 2000, the City Commission considered the original ordinance, which limited the parks and parking lots to public facilities. Upon the advice of the City Attorney, that ordinance was denied on first reading. The current version of the ordinance allows for parks and parking lots where such facilities are included in an adopted redevelopment or neighborhood plan. i ' ~ ' ' ' ~ v,~ .~; ~oRECOMMENDED ACTION "~ ~'~:' ~ · By motion, approve the attached ordinance amending LDR Section 4.4.3(B) Principal Uses and Structures Permitted for the Single Family Residential (R-l) Districts, Section 4.4.5(B) Principal Uses and Structures Permitted for the Low Density Residential (RL) District, Section 4.4.6(B) Principal Uses and Structures Permitted for the Medium Density Residential (RM) District, and Section 4.4.17(B) Principal Uses and Structures Permitted for the Residential Office (RO) District, adding parking lots and/or pocket parks as a permitted use and LDR Appendix A, providing a definition for "Pocket Park". Attachments: . Ordinance · P & Z Staff Report and Documentation of January 24, 2000 s:\planning & zoning~3oards\city commission\pocket park text amendment.doc ORDINANCE NO. 8-00 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", SUBSECTION 4.4.3(B), "PRINCIPAL USES AND STRUCTURES PERMITYED"; 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"; AIJ. BY ADDING 'PARKING LOTS NOT ASSOCIATED WITH A USE, PURSUANT TO AN ADOPTED NEIGHBORHOOD OR REDEVELOPMENT PLAN' AS A PERMITTED USE WITHIN THE RESPECTIVE ZONING DISTRICTS AND BY ADDING 'POCKET PARKS' AS A PERMITlrED USE WITHIN ALL OF THE RESPECTIVE ZONING DISTRICTS EXCEPT THE RESIDENTIAL OFFICE (RO) DISTRICT; BY AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE A DEFINITION FOR THE TERM 'POCKET PARK'; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviexved the proposed text amendments at a public hearing held on January 24, 2000, and voted unanimously to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Phnning and Zoning Board, sitting as the Local Planning Agency, has determined that the change 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 DF. LRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.3, "Single Family Residential (R-l) Districts", Subsection 4.4.3(B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: 03) Principal Uses and Structures Permitted: allowed within the Single Family Districts as a permitted use: 0) (2) (3) The following types of use are Conventionally sited single family detached residences Foster Homes pursuant to restrictions set forth in Section 4.3.3(I) Parldng lots not associated with a use, pursuant to an neighborhood or redevelopment plan Pocket parks adopted Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.5, "Low Density Residential (RL) District", Subsection 4.4.503), "Principal Uses and Stnactures Perrmtted", of the Land Development Regulations of the City of De]ray Beach, be and the same is hereby amended to read as follows: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the RL District as a permitted use: (1) Single family detached dwellings (2) Duplex structures (3) Multiple family structures (4) Group Homes, Level I (5) Parking lots not associated with a neighborhood or redevelopment plan (6) Pocket parks use, pursuant to an adopted Section 3. That Chapter Four, "Zoning Regulations", Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.603), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of De]ray Beach, be and the same is hereby amended to read as follows: 03) Principal Uses and Structures Permitted: The following types of use are allowed within the RM District as a permitted use: - 2 - Ord. No. 8-00 (1) Single family detached dwellings (2) Duplex structures (3) Multiple family structures (4) An Abused Spouse Residence with twelve (12) or fewer residents (5) Group Homes, Levels I and II (6) Parking lots not associated with a use, pursuant to an neighborhood or redevelopment plan (7) Pocket parks adopted Section 4. That Chapter Four, "Zoning Regulations", Section 4.4.17, "Residential Office (RO) District", Subsection 4.4.17(B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Dekay Beach, be and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwelling units (2) Duplex structures and dwelling units (3) Business and professional offices (4) Abused Spouse Residence, limited to forty (40) or fewer residents (5) Funeral parlors, funeral homes (6) Parking lots not associated with a use, pursuant to an neighborhood or redevelopment plan adopted - 3 - Ord. No. 8-00 Section 5. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Dekay Beach, is hereby amended by adding the following definition: Pocket Park A park that is less than one-half acre is size, and which may include benches, limited play~ound equipment, and similar amenities intended primarily for use by residents of the surrounding neighborhood. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invahd, 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 7. That all ordinances or parts of ordinances in conflict herexvith be, and the same are hereby repealed. Section 8. That this ordinance shall become effective immediately 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 - 4 - Ord. No. 8-00 MEETING OF: JANUARY 24, 2000 AGENDA ITEM: IV.J. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PUBLIC PARKING LOTS AND POCKET PARKS WITHIN RESIDENTIAL DISTRICTS The item before the Board is that of making a recommendation to the City Commission on amendments to LDR Section 4.4.3(B) Principal Uses and Structures Permitted for the Single Family Residential (R-l) Districts, Section 4.4.5(B) Principal Uses and Structures Permitted for the Low Density Residential (RL) District, Section 4.4.6(B) Principal Uses and Structures Permitted for the Medium Density Residential (RM) District, and Section 4.4.17(B) Principal Uses and Structures Permitted for the Residential Office (RO) District. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Comprehensive Plan calls for the preparation of redevelopment and neighborhood plans in certain areas of the city where blighted conditions exists. Inadequate parking is a problem in many of these areas due to high concentrations of duplex and multi-family development that does not meet current development standards. The Seacrest/Del-lda Park Neighborhood Plan, adopted on March 3, 1998 states as follows: As part of the overall streetscape program for the neighborhood, it is recommended that the CRA acquire one or more lots on each block within the higher density duplex/multi-family areas. These lots will be used for the construction of off-street parking lots for the residents. This will help alleviate many of the problems associated with the large number of back-out parking spaces on the street and provide opportunities to install additional landscaping and drainage. Pursuant to the plan, the Community Redevelopment Agency has acquired several properties in the Seacrest neighborhood for this purpose and has submitted plans for site plan review. Currently, parking lots not associated with a use are not a permitted use in the city's residential districts. The CRA also proposes to include a pocket park adjacent to one of its proposed parking lots. This proposed park will include a playground for neighborhood children. Although recreational facilities are currently allowed as an accessory use attendant to a subdivision and operated under a bonafide homeowners association, there are no provisions made in the LDRs for locating public parks in existing residential neighborhoods. It should be noted that the Comprehensive Plan includes a policy to develop such a program, but this program Planning and Zoning Board Memorandum Staff Report Public Pocket Parks and Parking Lots in Residential Zoning Districts Page 2 is not yet underway. The proposed amendments will add public pocket parks as a permitted use to R-l, RL, and RM zoning districts. This amendment proposes to allow the use of public parking lots within existing neighborhoods where inadequate private parking exists. These parking lots will provide an alternative to parking in and damaging the drainage swales within the neighborhood. Once this parking is relocated, additional pavement that has been added for parking on-street can then be removed and swales can be reestablished. The long term goal for Seacrest neighborhood is to become an entirely single family neighborhood. The proposed public parking lots are a temporary measure until this occurs. Once they are no longer needed, they can be converted back to residential use. With this goal in mind, the proposed text amendments are preferable to rezoning the properties CF. The proposed amendments would allow public parking lots as a permitted use pursuant to an adopted redevelopment or neighborhood plan. These plans are developed jointly with the neighborhoods involved and many options are considered to solve existing problems. The amendment will provide an additional tool for the redevelopment effort. Since private recreational facilities are permitted as an accessory use within residential subdivisions in R-l, RL and RM zoning districts when operated by a homeowners association, the use itself is already deemed to be compatible. Older, established neighborhoods within the City are at a disadvantage, since open space was often not included in the subdivision plat and no bonafide homeowners associations exist. The City would have to provide facilities where needed in these areas. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were noted: Housing Element Objective A-5 For those areas identified as needing "revitalization" the City shall take measures to prevent further decline, and to help move the neighborhood toward a classification of "stabilization" or "stable". Housing Element Policy A-5.5 These areas shag be provided assistance through the development of a "neighborhood plan" which is directed toward the arresting of deterioration through physical improvements such as street lighting, street trees, landscaping, street repair, drainage improvements, sidewalks, parks and parking areas, installation or upgrading of water and sewer facilities, all of which may be provided through funding and/or assessment districts. The plans shall also address the appropriateness of existing land use Planning and Zoning Board Memorandum Staff Report Public Pocket Parks and Parking Lots in Residential Zoning Districts Page 3 and zoning classifications, traffic circulation patterns, abatement of inappropriate uses, and targeting of code enforcement programs. The plans shall be prepared by the Planning and Zoning Department, with assistance from the Community Improvement Department, and the Community Redevelopment Agency if located within the CRA district. At least one neighborhood plan shall be prepared each fiscal year. The priority of these plans is as follows: · Seacrest/Del Ida · Allen/Eastview/Lake Avenues (to be addressed in the N. Federal Plan) · Osceola Park · Delray Shores The proposed amendment will further this policy in that it add parks and public parking lots as a permitted use within residential zoning districts. When it is determined through the neighborhood planning process that additional off-street parking is necessary to stabilize and revitalize the area, it will be permitted. Open Space and Recreation Element Policy A.2.7 The City shall develop a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. Program development shall occur in FY 97/98. While a specific program for small parks has not been developed, the issue is routinely addressed in the preparation of redevelopment and neighborhood plans. Potential park sites were identified in the Southridge and North Federal Highway plans, and a tot lot is being proposed for the Seacrest area. The changes in this amendment are necessary to implement these proposed parks. Open Space and Recreation Element Policy A-3.1 Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 2'5 units. Although the policy only speaks to new housing developments, it shows the importance of including tot lots and recreation areas in neighborhoods. The proposed amendment makes this possible in existing neighborhoods as well. A positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. The proposed amendments were reviewed by the Community Redevelopment Agency on January 13, 2000, The Board recommended approval of the proposed amendment. Planning and Zoning Board Memorandum Staff Report Public Pocket Parks and Parking Lots in Residential Zoning Districts Page 4 1. Recommend approval of the proposed amendments. 2. Recommend denial of the proposed amendment, in whole or in part. 3. Continue with direction. Recommend that the City Commission adopt the attached amendments to LDR Section 4.4.3(B) Principal Uses and Structures Permitted for the Single Family Residential (R-l) Districts, Section 4.4.5(B) Principal Uses and Structures Permitted for the Low Density Residential (RL) District, Section 4.4.6(B) ) Principal Uses and Structures Permitted for the Medium Density Residential (RM) District, and Section 4.4.17(B) Principal Uses and Structures Permitted for the Residential Office (RO) District. Report Prepared by Ron Hoggard, Senior Planner s:\planning & zoning\boards~p&z board\text amendment for pocket parks and parking lots.doc