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Agenda Reg 03-07-00CITy QF DELRAY B~ACH, FLORIDA - CITY COMMISSION REG~ MEETING MARCH 7,.. ~000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS 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 at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC pARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public 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. 6. '7. Roll Call. Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Proclamations: None Presentations: A. Chatelaine Neighborhood Enhancement Grant Consent Agenda: A. Homeowners Association in City Manager recommends approval. appreciation of INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2000-1: Formally Co initiate Comprehensive Plan Amendment 2000-1 pursuant Section 9.2.1 of the Land Development Regulations. to FINAL PLAT APPROVAL/TOWN SQUARE: Approve the final subdivision plat for Town Square, a proposed mixed use project to consist of 22 townhouse units and a 4-story office building. The subject property is located on the south side of N.E. 1st Street between N.E. 5th Avenue (southbound Federal Highway) and N.E. 6th Avenue (northbound Federal Highway). FINAL PLAT APPROVAL/ATLANTIC AVENUE OFFICE PLAZA: Approve the final plat for Atlantic Avenue Office Plaza, a proposed one story office development to be located on the north side of West Atlantic Avenue, just west of Coral Trace Boulevard. REVISED CROSS ACCESS EASEMENT AGREEMENT/TOWERS CENTER COMMERCIAL PLAZA: Accept a revised Cross Access Easement Agreement associated with the Towers Center commercial plaza to establish a perpetual nonexclusive cross access and parking, ingress, egress and utility easement over and across the Towers Center, Mayfair Plaza and Portofino Square commercial centers located on the east side of S.E. 6th Avenue (northbound Federal Highway), between S.E. 10th and 8th Streets. Regular Commission Meeting March 7, 2000 ACCEPTANCE OF RIGHT-OF-WAY DEED/SEXTON PROPERTY (416 $.E. 5TH STREET): Accept a right-of-way deed conveying to the City a 62.48 sq.ft, parcel of land in Lot 1, Block 3, Osceola Park, to provide for dedication of a safe corner at the southwest intersection of S.E. 5th Street and S.E. 5th Avenue (southbound Federal Highway) associated with the redevelopment of the Sexton property at 416 S.E. 5th Street. WAIVER OF REQUIREMENT FOR SURVEYS ASSOCIATED WITH CITYWIDE ALLEY ABANDONMENT PROJECT: Approve a waiver of the requirement to submit surveys associated with the Citywide alley abandonment project, based upon positive findings with LDR Section 2.4.7(B) (5). G. LEASE AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT FOR Lo PARCEL MSA 650: Approve a lease agreement with the Florida Inland Navigation District (F.I.N.D.) for the lease of Parcel MSA 650 which is located on the west side of the Intracoastal Waterway, just south of Knowles Park between Delray Harbor Club and Harbourside. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/SHARING OF GEOGRAPHICAL DATA: Approve an interlocal agreement between the City and Palm Beach County for the sharing of geographical and land information. There is no cost to the City. HOLD HARMLESS AGREEMENT/ESPINOZA: Approve a hold harmless agreement with Mr. and Mrs. Espinoza to allow them to construct a security fence within the public right-of-way while indemnifying the City from any suits or claims relating to the maintenance of the public right-of-way, and to repair the fence at their own cost. HOLD HARMLESS AGREEMENT/ZABALA: Approve a hold harmless agreement with Mr. Zabala to allow him to construct a security fence within the public right-of-way while indemnifying the City from any suits or claims relating to the maintenance of the public right-of-way, and to repair the fence at his own cost. EMS MATCHING GRANT APPLICATION/INTRAVENOUS INFUSION PUMPS FOR ADVANCED LIFE SUPPORT (ALS) TRANSPORT VEHICLES: Authorize submitting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $20,700 for the purchase of six Intravenous Infusion Pumps to be placed on the ALS transport vehicles. The total project cost is $27,600 with the City's share of $6,900 to be funded from 115-2311-522-64.90 (Special Projects - Paramedic Fund). EMS MATCHING GRANT APPLICATION/EKG MONITOR/DEFIBRILLATORS FOR FIRE SUPPRESSION VEHICLES IN WESTERN PART OF THE CITY: Authorize submitting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $27,000 for the purchase of two 12-Lead EKG -3- Regular Commission Meeting March 7, 2000 Monitor/Defibrillators to be placed on Fire Suppression vehicles located in the western part of the City. The total project cost is $36,000 with the City's share of $9,000 to be funded from 115-2311-522-64.90 (Special Projects - Paramedic Fund). EMS MATCHING GRANT APPLICATION/AUTOMATIC EXTERNAL DEFIBRILLATORS FOR POLICE DEPARTMENT VEHICLES: Authorize submitting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $117,900 for the purchase of fifty (50) Automatic External Defibrillators (AEDs) to be placed in Police Department vehicles. The total project cost is $157,200 with the City's share at $39,300. If the grant is approved, the City's share will be funded through mid-year budget adjustment. No SERVICE AUTHORIZATION ~99-003/KIMLEY-HORN ASSOCIATES (SE/SW AREA INFRASTRUCTURE IMPROVEMENTS): Approve Service Authorization #99-003 in the amount of $196,684.00 with Kimley-Horn Associates, Inc. for preliminary and final design services related to the Southeast/Southwest Area Improvements project, with funding from 370-3162-541-65.45 (2000 Roadway Bond - SE/SW Area - Atlantic Avenue to South 10th Street). Oo SERVICE AUTHORIZATION ~99-02/LAWSON, NOBLE & WEBB (SOUTHRIDGE/SUNSET/ALBATROSS IMPROVEMENTS): Approve Service Authorization #99-02 in the amount of $102,667.42 with Lawson, Noble & Webb, Inc. for preliminary and final design services associated with the infrastructure improvement projects in the Southridge area, Albatross Road/Lindell Boulevard area, and a portion of Frederick Boulevard, with funding from 370-3162-541-65.46 (2000 Roadway Bond Program - Southridge/Sunset/Albatross Improvements). SERVICE AUTHORIZATION #99-01/SCHORAH & ASSOCIATES (NORTHWEST AREA INFRASTRUCTURE IMPROVEMENTS): Approve Service Authorization #99-01 in the amount of $147,042.00 with Michael B. Schorah & Associates, Inc. for preliminary and final design services related to the Northwest Area Infrastructure Improvements project, with funding from 370-3162-541-65.44 (2000 Roadway Bond Program - NE/NW Area Improvements). CLOSEOUT CHANGE ORDER ~2 AND FINAL PAYMENT/ACKERBLOM CONTRACTING, INC. (AQUIFER STORAGE & RECOVERY FACILITIES): Approve closeout Change Order #2 in the amount of $3,692.00 and final payment in the amount of $11,571.97 to Ackerblom Contracting, Inc. for completion of the Aquifer Storage & Recovery Facilities project, with funding from 441-5181-536-69.18 (Water & Sewer Transmission - Aquifer Storage & Recovery). -4- Regular Commission Meeting March 7, 2000 CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/JAM-ROCK, INC. (PINEAPPLE GROVE ENTRYWAY): Approve closeout Change Order %1 in the net deduct amount of $12,881.50 and final payment in the amount of $2,321.48 to Jam-Rock, Inc. for completion of the Pineapple Grove Entryway project, with funding from 334-6111-519-63.90 (General Construction Fund - Pineapple Grove Entry). FINAL PAYMENT/MASTER CONTRACTORS, INC. (KNOWLES PARK BOAT RAMP): Approve final payment in the amount of $11,036.20 to Master Contractors, Inc. for completion of the Knowles Park Boat Ramp, Restrooms and Nature Boardwalk project, with funding from 334-4179-572-63.90 (General Construction Fund - Knowles Park). To FINAL PAYMENT/ANDREA CONSTRUCTION COMPANY (WATER TREATMENT PLANT ELEVATED WALKWAY): Approve final payment in the amount of $569.70 to Andrea Construction Company, Inc. for completion of the Water Treatment Plant elevated walkway modifications project, with funding from 441-5161-536-63.79 (Water Treatment Plant/Lime Building Walkways). Uo RESOLUTION NO. 7-00: Approve a resolution approving the Highway Beautification and Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT) to provide for maintenance by the City of landscape improvements to be installed by FDOT from Linton Boulevard north to the L-30 Canal as part of the Department's 1-95 improvement project. RESOLUTION NO. 18-00: Approve a resolution in support of the establishment of an annual "Florida Citizenship and Leadership Day", commencing on March 10, 2000 W. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM: Yo Approve two funding subsidies in the total amount of $40,250.00 for two income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 98th and 99th homeownership assistance grants provided through the program to-date. SUBORDINATION OF MORTgAgE/COMMUNITY DEVELOPMENT BLOCK gRANT RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $8,625.00 to allow the homeowner to secure a new loan for debt consolidation. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 14th through March 3, 2000. -5- · Regular Commission Meeting March 7, 2000 Z. AWARD OF BIDS AND CONTRACTS: Contract renewal with Ritz Safety Equipment, via Palm Beach County bid, for the purchase of safety shoes at an estimated annual cost of $30,542.00, with funding from various departmental operating budgets. Contract award in an amount not to exceed $15,000.00 to Shenandoah Construction, via Broward County School Board contract, for the cleaning and televising of approximately 6,500 linear feet of drainage pipe at various locations throughout the City, with funding from 370-3162-541-65.44 (2000 Roadway Bond Program - NE/NW Area Atlantic to Lake Ida). Contract award in the amount of $11,400.00 to BSA Corporation to rebuild the ramps at three (3) lifeguard towers, with funding from 334-6112-519-62.10 (General Construction Capital Outlay - Buildings). o Contract renewal with HTE, Inc. for annual software maintenance on the City's financial applications for the period March 1, 2000 to February 28, 2001, at an annual cost of $13,144.00, with funding from 001-1511-513-46.90 (Financial Administration - Other Repair/Maintenance). o Purchase award in the amount of $11,601.00 to Gateway 2000, via State of Florida contract, for the purchase of three laptop computers to replace obsolete equipment in the MIS Division, with funding from 334-6112-519-64.11 (General Capital Fund - Computer Equipment). o Purchase award in the amount of $27,023.10 to Fisher Scientific Company for the purchase of 45 Self Contained Breathing Apparatus (S.C.B.A.) for the Fire Department. This is the second purchase of a 3-year capital program to upgrade from 2.2 units to the smaller, lighter and less fatiguing 4.5 carbon cylinders. Funding is available from 001-2315-526-64.90 (Fire Operations - Other Machinery/Equipment). Purchase award in the amount of $40,845.00 to GameTime, Inc., via Florida State contract, for the purchase of Haley's Lookout playground equipment for Orchard View Park. The purchase includes playground equipment and installation, installation of Fibar as safety cushion, play curbs around Fibar, and freight). Funding is available from 117-4178-572-63.40 (Recreational Improvements). o Bid award for the purchase of liquid chlorine to Jones Chemical at an estimated annual cost of $69,090.00 and the purchase of calcium hypochlorite to Leslie's Swimming and Pool Supplies at an estimated annual cost of -6- Regular Commission Meeting March 7, 2000 $4,449.50, via City of Boca Raton co-op bid for a total estimated annual amount of $73,539.50. Funding in the amount of $69,090 will be from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals) and $4,449.50 from 441-5144-536-52.21 (W&S Lift Station Maintenance - Chemicals). o Bid awards in the total amount of $189,339 for replacement of City vehicles via Florida Sheriffs Association contract as specified in Attachment "B", via State of Florida contract as specified in Attachment "C", and via local bids as specified in Attachment "D". Funding in the amount of $131,119 will be from 501-3312-591-64.20 (City Garage - Automotive) and $58,220 from 442-5178-536-64.90 (W&S Renewal & Replacement - Other Machinery/Equipment). 10. Emergency contract award in the approximate amount of $53,300 to O.K. Tours, Inc. to provide bus service for the Parks and Recreation Department. The current bus company, Shortway Bus Lines, has gone out of business. O.K. Tours, Inc. has agreed to honor the prices and terms of Shortway's contract. Funding in the amount of $3,383 is available from 115-4912-572-55.30 (Football), $41,150 from 001-4106-572-44.90 (Summer Camp - Other Rental/Lease), $4,994 from 001-4105-572-44.90 (After School - Other Rental/Lease), and $3,778 from 001-4121-572-44.90 (Athletics - Other Rental/Lease). 11. Approve an increase in the amount of $63,156.00 to the existing purchase order with Insituform Technologies, Inc. for emergency trenchless sanitary sewer rehabilitation, with funding from 442-5178-536-63.51 (Water & Sewer R&R - Sewer Mains). 9. Regular Agenda: A. CONDITIONAL USE MODIFICATION/URDL'S WATERFALL CREATIONS: Consider a request for conditional use modification to allow the expansion of Urdl's Waterfall Creations, Inc. onto a vacant lot (1.64 acres) lying immediately west of the existing site. The subject property is located on the south side of N.W. 1st Street, approximately 430 feet west of Congress Avenue, and is zoned MIC (Mixed Industrial and Commercial) District. QUASI-JUDICIAL PROCEEDING 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 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 -7- Regular Commission Meeting March 7, 2000 Zoning Board and staff recommend DENIAL. PROCEEDING QUASI-JUDICIAL CONDITIONAL USE REQUEST/AUTOMOBILE PAINT, BODY AND REPAIR FACILITY FOR MAACO: Consider a request for conditional use approval to establish an automobile paint, body and repair facility for Maaco within Building #2 of the South Congress Commerce Center. The subject property is located on the east side of Congress Avenue, between Atlantic Avenue and Lake Ida Road, immediately south of Noland Plumbing, and is zoned MIC (Mixed Industrial and Commercial) District. QUASI-JUDICIAL PROCEEDING CONDITIONAL USE MODIFICATION/BETHEL EVANGELICAL CHURCH: Consider a request for conditional use approval to allow the expansion of Bethel Evangelical Church. The subject property is located at the northeast corner of S.W. 8th Avenue and S.W. 8th Street, and is zoned R-1-A (Single Family Residential) District. QUASI-JUDICIAL PROCEEDING RESOLUTION NO. 17-00: Consider approval of a resolution vacating and abandoning a portion of N.W. 2nd Avenue lying south of N.W. 12th Avenue, based upon positive findings. SPECIAL EVENT REQUEST/"SKATE THE SUNSHINE STATE": Consider a request for special event approval for "Skate The Sunshine State", an inline skating event which will pass through Delray Beach on Thursday, April 13, 2000, including a temporary use permit for the use of Anchor Park as a pit stop area and staff assistance for escorting the skaters through town and trash removal. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW AND BALLOON RACES: Consider a request for special event approval for a Hot Air Balloon Glow on March 24th and Hot Air Balloon Races on March 25 & 26, 2000, sponsored by the City through the Millennium Committee, including a temporary use permit for closure of A1A and staff support for traffic control and security, barricading, sign preparation and installation, stage set up and removal, and trash removal. SPECIAL EVENT REQUEST/WAL~REENS RED RIBBON RIDE 2000: Consider a request for special event approval for Walgreens Red Ribbon Ride 2000 which will pass through Delray Beach on Sunday, April 2, 2000, including a temporary use permit for the use of Anchor Park as a pit stop area and staff support for traffic control, barricading, and trash container set up and removal. SPECIAL EVENT REQUEST/CYSTIC FIBROSIS 10K WALK: Consider a request for special event approval for the Cystic Fibrosis Foundation's Annual 10K Walk to be held on Saturday, May 20, 2000, including a temporary use permit for the use of the 8 Regular Commission Meeting March 7, 2000 sidewalks along A1A and Anchor Park, Police assistance for traffic control and a 50/50 split on overtime costs. Jo REOUEST FOR TENT PERMIT/IRISH COTTAGE PUB & GRILL: Consider a request from the Irish Cottage Pub & Grill to erect a temporary tent on their property at 2515 North Federal Highway from Thursday, March 9th, through Monday, March 20, 2000, for a St. Patrick's Day celebration. K. REPLACEMENT APPOINTMENT TO THE METROPOLITAN PLANNING 10. Lo ORGANIZATION: Consider appointing a replacement to the Metropolitan Planning Organization to fill the vacancy created by Commissioner Wright's resignation from the City Commission. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member to the Education Board to fill an unexpired term ending July 31, 2001. The appointment will be made by Commissioner Archer (Seat #2). APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint a regular member (General Contractor position) to the Board of Construction Appeals to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Schwartz (Seat #3). No SETTLEMENT/YOUNGINGER V. CITY OF DELRAY BEACH, ET AL: Consider settlement of the referenced matter as recommended by the City Attorney. Public Hearings: ORDINANCE NO. 5-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", by adding 'Catering Services' as a permitted use, and providing for floor area limitations and restrictions on vehicle storage in conjunction with said use. ORDINANCE NO. 6-00 (FIRST READING/FIRST 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. If passed, a second public hearing will be scheduled for March 21, 2000. TRANSFER OF CITY-OWNED PROPERTY: Consider approval of a quit claim deed transferring a City-owned parcel of land on S.W. 6th Avenue to an eligible applicant under the Delray Beach Renaissance Program. -9- Regular Commission Meeting March 7, 2000 11. Comments and Inquiries on Non-Agenda Items Immediately following Public Hearings. from the Public- A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: Ao ORDINANCE NO. 7-00: An ordinance amending the Land Development Regulations to establish notification procedures for granting relief from minimum lot dimension requirements and providing that the Historic Preservation Board may grant waivers in certain instances. If passed, a public hearing will be scheduled for March 21, 2000. 13. Comments and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. Scheinberg et al. v. City of Delray Beach. 286.011 (8) re: Attendees: Mayor Jay Alperin Commissioner Pat Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Bill Schwartz Acting City Manager Robert A. Barcinski City Attorney Susan A. Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. 15. SETTLEMENT PROPOSAL/STANLEY SCHEINBERG ET AL. V. CITY OF DELRAY BEACH. -10- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 7, 2000 - 6:00 P.M. COMMISSION CHAMBERS A A'DA ADD A'D THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIRE FIGHTERS OF DELRAY BEACH: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Professional Fire Fighters of De[ray Beach, Local 1842, IAFF for the three year period October 1, 1999 through September 30, 2002. The agenda should also be amended to include: 5. Approval of Minutes: Regular Meeting of January 4, 2000 In addition, as noted in the packet that was delivered to you last Friday, we have received a request for continuance with respect to Item 9.B., Conditional Use Modification for Creations of Delray Beach. A copy of Mr. Kurtz' letter is attached. Addmadum. Mazch 7, 2000.Reg. Mtg. I~%RCH 7, 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 7, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Schmidt Commissioner Bill Schwartz Mayor Jay Alperin Absent - Commissioner David Randolph Also present were - Acting City Manager Robert A. Barcinski City Attorney Susan A. Ruby 2_~. The opening prayer was delivered by Reverend Nancy Norman, Unity Church of Delray Beach. The Pledge of Allegiance to the flag of the United States of America was given. Aqenda Approval. Mayor Alperin noted the addition of Item 8.AA., Ratifi- cation of Collective Bargaining Agreement & Memorandum of Under- standing/Professional Fire Fighters of Delray Beach, to the Consent Agenda, by addendum. Also, the minutes of the Regular Meeting of January 4, 2000 were added under Item 5 for approv- al. Mayor Alperin further noted that a request for continuance had been received from the applicant's agent with respect to Item 9.B., Conditional Use Modification for Creations of Delray Beach. The City Attorney stated that substitute agreements containing minor revisions had been distributed for Item 8.I., Hold Harmless Agreement/Espinoza and Item 8.J., Hold Harmless Agreement/Zabala, on the Consent Agenda. Mr. Schmidt moved to approve the Agenda as amended, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. Approval of Minutes: Regular Meeting of January 4, 2000. Mr. Schmidt moved to approve the Minutes of the Regu- lar Meeting of January 4, 2000, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Abstain; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 3 to 0 vote. Mr. Schwartz abstained from the vote inasmuch as he was not yet a City Commissioner at that meeting. Proclamations: None Presentations: 7.A. Chatelaine Homeowners Association in appreciation of Neighborhood Enhancement Grant. Jayne King, President of the Chatelaine Homeowners Association, expressed her appreciation to the City Commission on behalf of the residents of Chatelaine for the Neighborhood Enhancement Grant received by their community. The majority of the funding was used to enhance the Chatelaine entryway off of Lake Ida Road, including new signage and landscaping. With the assistance of Ron Hoggard, Ms. King gave a powerpoint presenta- tion illustrating the various improvements accomplished as a result of the grant. CONSENT AGENDA: City Manager recommends approval. 8oao INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2000-1: Formally initiate Comprehensive Plan Amendment 2000-1 pursuant to Section 9.2.1 of the Land Development Regulations. 8.B. FINAL PLAT APPROVAL/TOWN SQUARE: Approve the final subdivision plat for Town Square, a proposed mixed use project to consist of 22 townhouse units and a 4-story office building. The subject property is located on the south side of N.E. 1st Street between N.E. 5th Avenue (southbound Federal Highway) and N.E. 6th Avenue (northbound Federal Highway). 8oCo FINAL PLAT APPROVAL/ATLANTIC AVENUE OFFICE PLAZA: Approve the final plat for Atlantic Avenue Office Plaza, a proposed one story office development to be located on the north side of West Atlantic Avenue, just west of Coral Trace Boulevard. 8omo REVISED CROSS ACCESS EASEMENT AGREEMENT/TOWERS CENTER COMMERCIAL PLAZA: Accept a revised Cross Access Easement Agree- ment associated with the Towers Center commercial plaza to establish a perpetual nonexclusive cross access and parking, ingress, egress and utility easement over and across the Towers Center, Mayfair Plaza and Portofino Square commercial centers located on the east side of S.E. 6th Avenue (northbound Federal Highway), between S.E. 10th and 8th Streets. 8.E. ACCEPTANCE OF RIGHT-OF-WAY DEED/SEXTON PROPERTY (416 S.E. 5TH STREET): Accept a right-of-way deed conveying to the 2 3/07/00 City a 62.48 sq.ft, parcel of land in Lot 1, Block 3, Osceola Park, to provide for dedication of a safe corner at the south- west intersection of S.E. 5th Street and S.E. 5th Avenue (south- bound Federal Highway) associated with the redevelopment of the Sexton property at 416 S.E. 5th Street. 8.F. WAIVER OF REQUIREMENT FOR SURVEYS ASSOCIATED WITH CITYWIDE ALLEY ABANDONMENT PROJECT: Approve a waiver of the requirement to submit surveys associated with the Citywide alley abandonment project, based upon positive findings with respect to LDR Section 2.4.7(B) (5). e.G. LEASE AGREEMENT WITH FLORIDA INLAND NAVIGATION DIS- TRICT -FOR PARCEL MSA 650: Approve a lease agreement with the Florida Inland Navigation District (F.I.N.D.) for the lease of Parcel MSA 650 which is located on the west side of the Intra- coastal Waterway, just south of Knowles Park between Delray Harbor Club and Harbourside. SoHo INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/SHARING OF GEOGRAPHICAL DATA: Approve an interlocal agreement between the City and Palm Beach County for the sharing of geographical and land information. There is no cost to the City. 8.I. HOLD HARMLESS AGREEMENT/ESPINOZA: Approve a hold harmless agreement with Mr. and Mrs. Espinoza to allow them to construct a security fence within the public right-of-way while indemnifying the City from any suits or claims relating to the maintenance of the public right-of-way, and to repair the fence at their own cost. (AS AMENDED) 8.J. HOLD HARMLESS AGREEMENT/ZABALA: Approve a hold harm- less agreement with Mr. Zabala to allow him to construct a security fence within the public right-of-way while indemnifying the City from any suits or claims relating to the maintenance of the public right-of-way, and to repair the fence at his own cost. (AS AMENDED) 8.K. EMS MATCHING GRANT APPLICATION/INTRAVENOUS INFUSION PUMPS FOR ADVANCED LIFE SUPPORT (ALS) TRANSPORT VEHICLES: Authorize submitting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $20,700 to assist with the purchase of six Intravenous Infusion Pumps to be placed on ALS transport vehicles. The total project cost is $27,600 with the City's share of $6,900 to be funded from 115-2311-522-64.90 (Special Projects - Paramedic Fund). 8.L. EMS MATCHING GRANT APPLICATION/EKG MONI- TOR/DEFIBRILLATORS FOR FIRE SUPPRESSION VEHICLES IN WESTERN PART OF THE CITY: Authorize submitting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $27,000 for the purchase of two 12-Lead EKG Monitor/Defibrillators to be placed on Fire Suppression 3 3/07/00 vehicles located in the western part of the City. The total project cost is $36,000 with the City's share of $9,000 to be funded from 115-2311-522-64.90 (Special Projects - Paramedic Fund). 8.M. EMS MATCHING GRANT APPLICATION/AUTOMATIC EXTERNAL DEFIBRILLATORS FOR POLICE DEPARTMENT VEHICLES: Authorize submit- ting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $117,900 for the purchase of fifty (50) Automatic External Defibrillators (AEDs) to be placed in Police Department vehi- cles. The total project cost is $157,200 with the City's share at $39,300. If the grant is approved, the City's share will be funded-through mid-year budget adjustment. 8.N. SERVICE AUTHORIZATION %99-003/KIMLEY-HORN ASSOCIATES (SE/SW AREA INFRASTRUCTURE IMPROVEMENTS): Approve Service Authorization #99-003 in the amount of $196,684.00 with Kimley- Horn Associates, Inc. for preliminary and final design services related to the Southeast/Southwest Area Improvements project, with funding from 370-3162-541-65.45 (2000 Roadway Bond - SE/SW Area - Atlantic Avenue to South 10th Street). 8.0. SERVICE AUTHORIZATION ~99-02/LAWSON, NOBLE & WEBB (SOUTHRIDGE/SUNSET/ALBATROSS IMPROVEMENTS): Approve Service Authorization #99-02 in the amount of $102,667.42 with Lawson, Noble & Webb, Inc. for preliminary and final design services associated with the infrastructure improvement projects in the Southridge area, Albatross Road/Lindell Boulevard area, and a portion of Frederick Boulevard, with funding from 370-3162-541-65.46 (2000 Roadway Bond Program - Southridge/ Sunset/Albatross Improvements). 8.P. SERVICE AUTHORIZATION #99-01/SCHORAH & ASSOCIATES (NORTHWEST AREA INFRASTRUCTURE IMPROVEMENTS): Approve Service Authorization #99-01 in the amount of $147,042.00 with Michael B. Schorah & Associates, Inc. for preliminary and final design services related to the Northwest Area Infrastructure Improve- ments project, with funding from 370-3162-541-65.44 (2000 Road- way Bond Program - NE/NW Area Improvements). 8.0. CLOSEOUT CHANGE ORDER #2 AND FINAL PAYMENT/ACKERBLOM CONTRACTING, INC. (AQUIFER STORAGE & RECOVERY FACILITIES): Approve closeout Change Order #2 in the amount of $3,692.00 and final payment in the amount of $11,571.97 to Ackerblom Contract- ing, Inc. for completion of the Aquifer Storage & Recovery Facilities project, with funding from 441-5181-536-69.18 (Water & Sewer Transmission - Aquifer Storage & Recovery). 8.R. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/JAM-ROCK, INC. (PINEAPPLE GROVE ENTRYWAY): Approve closeout Change Order #1 in the net deduct amount of $12,881.50 and final payment in the amount of $2,321.48 to Jam-Rock, Inc. for completion of the Pineapple Grove Entryway project, with funding from -4- 3/o7/oo 334-6111-519-63.90 (General Construction Fund - Pineapple Grove Entry) . 8.S. FINAL PAYMENT/MASTER CONTRACTORS, INC. (KNOWLES PARK BOAT RAMP): Approve final payment in the amount of $11,036.20 to Master Contractors, Inc. for completion of the Knowles Park Boat Ramp, Restrooms and Nature Boardwalk project, with funding from 334-4179-572-63.90 (General Construction Fund - Knowles Park). 8.T. FINAL PAYMENT/ANDREA CONSTRUCTION COMPANY (WATER TREATMENT PLANT ELEVATED WALKWAY): Approve final payment in the amount of $569.70 to Andrea Construction Company, Inc. for completion of the Water Treatment Plant elevated walkway modifi- cations project, with funding from 441-5161-536-63.79 (Water Treatment Plant/Lime Building Walkways). 8.U. RESOLUTION NO. 7-00: Approve a resolution approving the Highway Beautification and Maintenance Memorandum of Agree- ment with the Florida Department of Transportation (FDOT) to provide for maintenance by the City of landscape improvements to be installed by FDOT from Linton Boulevard north to the L-30 Canal as part of the Department's 1-95 improvement project. The caption of Resolution No. 7-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE HIGHWAY BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR MAINTENANCE BY THE CITY OF DELRAY BEACH OF LANDSCAPE IMPROVEMENTS TO BE INSTALLED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION AS PART OF THE DEPARTMENT'S STATE ROAD 9 (INTERSTATE-95) IMPROVEMENT PROJECT, FROM LINTON BOULEVARD NORTH TO THE L-30 CANAL, AS MORE PARTICULARLY DESCRIBED WITHIN SAID HIGHWAY BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF AGREEMENT. (The official copy of Resolution No. 7-00 is on file in the City Clerk's office.) 8.V. RESOLUTION NO. 18-00: Approve a resolution in support of the establishment of an annual "Florida Citizenship and Leadership Day", commencing on March 10, 2000. The caption of Resolution No. 18-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AN ANNUAL "FLORIDA CITIZEN- -5- 3/07/00 SHIP AND LEADERSHIPr DAY", COMMENCING ON MARCH 10, 2000. (The official copy of Resolution No. 18-00 is on file in the City Clerk's office.) 8.W. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve two funding subsidies in the total amount of $40,250.00 for two income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 98th and 99th homeownership assistance grants provided through the program to-date. 8.X. SUBORDINATION OF MORTGAGE/COMMUNITY DEVELOPMENT BLOCK GRANT RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $8,625.00 to allow the homeowner to secure a new loan for debt consolidation. 8oYo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 14th through March 3, 2000. AWARD OF BIDS AND CONTRACTS: Contract renewal with Ritz Safety Equipment, via Palm Beach County bid, for the purchase of safety shoes at an estimated annual cost of $30,542.00, with funding from various departmen- tal operating budgets. o Contract award in an amount not to exceed $15,000 to Shenandoah Construction, via Broward County School Board contract, for the cleaning and televising of approximately 6,500 linear feet of drainage pipe at various locations throughout the City, with funding from 370-3162-541-65.44 (2000 Roadway Bond Program - NE/NW Area Atlantic to Lake Ida). Contract award in the amount of $11,400.00 to BSA Corporation to rebuild the ramps at three (3) lifeguard towers, with funding from 334-6112-519-62.10 (General Construction Capital Outlay - Buildings). o Contract renewal with HTE, Inc. for annual soft- ware maintenance on the City's financial applica- tions for the period March 1, 2000 to February 28, 2001, at an annual cost of $13,144.00, with funding from 001-1511-513-46.90 (Financial Admin- istration - Other Repair/Maintenance). o Purchase award in the amount of $11,601.00 to Gateway 2000, via State of Florida contract, for 6 3/07/00 o o o 10. the purchase of three laptop computers to replace obsolete equipment in the MIS Division, with funding from 334-6112-519-64.11 (General Capital Fund - Computer Equipment). Purchase award in the amount of $27,023.10 to Fisher Scientific Company for the purchase of 45 Self Contained Breathing Apparatus (S.CoB.A.) for the Fire Department. This is the second purchase of a 3-year capital program to upgrade from 2.2 units to the smaller, lighter and less fatiguing 4.5 carbon cylinders. Funding is available from 001-2315-526-64.90 (Fire Operations - Other Machinery/Equipment). Purchase award in the amount of $40,845.00 to GameTime, Inc., via Florida State contract, for the purchase of Haley's Lookout playground equip- ment for Orchard View Park. The purchase in- cludes playground equipment and installation, installation of Fibar as safety cushion, play curbs around Fibar, and freight. Funding is available from 117-4178-572-63.40 (Recreational Improvements). Bid award for the purchase of liquid chlorine to Jones Chemical at an estimated annual cost of $69,090.00 and the purchase of calcium hypo- chlorite to Leslie's Swimming and Pool Supplies at an estimated annual cost of $4,449.50, via City of Boca Raton co-op bid for a total estimat- ed annual amount of $73,539.50. Funding in the amount of $69,090 will be from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals) and $4,449.50 from 441-5144-536-52.21 (W&S Lift Station Maintenance - Chemicals). Bid awards in the total amount of $189,339 for replacement of City vehicles via Florida Sheriffs Association contract as specified in Attachment "B", via State of Florida contract as specified in Attachment "C", and via local bids as speci- fied in Attachment "D". Funding in the amount of $131,119 will be from 501-3312-591-64.20 (City Garage - Automotive) and $58,220 from 442-5178-536-64.90 (W&S Renewal & Replacement - Other Machinery/Equipment). Emergency contract award in the approximate amount of $53,300 to O.K. Tours, Inc. to provide bus service for the Parks and Recreation Depart- ment. The current bus company, Shortway Bus Lines, has gone out of business. O.K. Tours, Inc. has agreed to honor the prices and terms of 7 3/07/00 Shortway's contract. Funding in the amount of $3,383 is available from 115-4912-572-55.30 (Foot- ball), $41,150 from 001-4106-572-44.90 (Summer Camp - Other Rental/Lease), $4,994 from 001-4105-572-44.90 (After School - Other Rental/ Lease), and $3,778 from 001-4121-572-44.90 (Ath- letics - Other Rental/Lease). 11. Approve an increase in the amount of $63,156.00 to the existing purchase order with Insituform Technologies, Inc. for emergency trenchless sanitary sewer rehabilitation, with funding from 442-5178-536-63.51 (Water & Sewer R&R - Sewer Mains). RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIRE FIGHTERS OF DELRAY BEACH: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Profes- sional Fire Fighters of Delray Beach, Local 1842, IAFF for the three year period October 1, 1999 through September 30, 2002. (BY ADDENDUM) Mr. Schmidt moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA: (Note: Mr. Schmidt stepped down for the following item. Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 9.A. CONDITIONAL USE MODIFICATION/URDL'S WATERFALL CREA- TIONS: Consider a request for conditional use modification to allow the expansion of Urdl's Waterfall Creations, Inc. onto a vacant lot (1.64 acres) lying immediately west of the existing site. The subject property is located on the south side of N.W. 1st Street, approximately 430 feet west of Congress Avenue, and is zoned MIC (Mixed Industrial and Commercial) District. 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- 3/07/00 Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that Urdl's Waterfall Creations has been at its existing site for numerous years and is looking to expand the business onto an adjacent vacant lot which is immediately to the west of the present site. Both properties are zoned MIC (Mixed Industrial and Commercial) District and expansion of the ornamental cast concrete/stone business requires a conditional use modifica- tion. The expanded area will include a 20 space parking lot, new storage areas and associated landscaping. The Planning and Zoning Board considered the application at a public hearing on February 28, 2000, and voted 6 to 0 to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) of the Land Development Regula- tions, and policies of the Comprehensive Plan, subject to the following revised conditions: (1) That a site plan be processed that is in general conformance with the sketch plan; (2) That the hedge located along the west property line be maintained at eight feet; (3) That the storage of building materials not exceed eight feet in height; (4) That the building material located on the exist- ing parking lot be removed to storage areas as indicated on the sketch plan, and that the parking lot be upgraded to current standards; (5) That a cross access and parking easement agree- ment be provided between the two parcels; and (6) That if the parcels are ever proposed for sepa- rate use, a conditional use modification be processed. Mayor Alperin declared the public Speaking from the audience was the following: hearing open. Bill Wilsher, aqent representing Urdl's Waterfall Creations, stated that the expansion is basically to alleviate parking issues and provide additional area for storage of mer- chandise. The cross access and parking easement agreement is being worked on and the conditions of approval are acceptable to the applicant. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to approve the conditional use modification for Urdl's Waterfall Creations, Inc. based upon positive findings and subject to the conditions of approval recommended by the Planning and Zoning Board. The motion was -9- 3/07/00 seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 3 to 0 vote. Mr. Schmidt returned to the dais at this time. 9,B. 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 Mayor Alperin stated that a letter had been received from the applicant's representative requesting a continuance of this item to the March 21, 2000 regular meeting. Mr. Schmidt so moved, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.C. CONDITIONAL USE REOUEST/AUTOMOBILE PAINT, BODY AND REPAIR FACILITY FOR MAACO: Consider a request for conditional use approval to establish an automobile paint, body and repair facility for Maaco within Building %2 of the South Congress Commerce Center. The subject property is located on the east side of Congress Avenue, between Atlantic Avenue and Lake Ida Road, immediately south of Noland Plumbing, and is zoned MIC (Mixed Industrial and Commercial) District. 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. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She reviewed the conditional use request as outlined in the staff memorandum, noting in particular that none of the bay doors will face any right-of-way. The Planning and Zoning Board considered the application at a public hearing on February 28, 2000, and voted 6 to 0 to recommend approval, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations, and policies of the Comprehensive Plan, and subject to the revised condition that a Class II site plan modification be processed that is in -10- 3/07/00 general conformance with the sketch plan and that no overhead doors face Congress Avenue. Bill Fenno, Sun-Tech Engineering, on behalf of the apDlicant, stated that the developer agrees with and accepts the recommended conditions of approval for the project. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve the conditional use request to establish an automobile paint, body and repair facili- ty for Maaco, based upon positive findings and subject to the conditions recommended by the Planning and Zoning Board. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9~Do CONDITIONAL USE MODIFICATION/BETHEL EVANGELICAL CHURCH: Consider a request for conditional use approval to allow the expansion of Bethel Evangelical Church. The subject property is located at the northeast corner of S.W. 8th Avenue and S.W. 8th Street, and is zoned R-1-A (Single Family Residen- tial) District. 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. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She presented an overview of the conditional use request, noting that the proper- ty was originally developed as an 1,800 sq.ft, church in 1965 and has been expanded several times since then. The current proposal includes the conversion of two (2) single family resi- dences to administrative and maintenance buildings, an increase in the sanctuary seating from 204 seats to 270 seats and the construction of a stabilized sod parking lot. The Planning and Zoning considered the application at a public hearing on Febru- ary 28, 2000. Three members of the public expressed concerns about vehicles parking within the adjacent rights-of-way and drug activity occurring in the unimproved lots off of S.W. 7th Avenue. The development proposal is intended to help alleviate those situations. The Planning and Zoning Board voted 6 to 0 to recommend approval of the conditional use modification request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E) (5) (Conditional Use Findings) and policies of the Comprehensive Plan, and subject to the following revised conditions: -11- 3/07/00 (1) That a site plan-be submitted that is in general conformance with the sketch plan and addresses the concerns noted in the staff report; (2) That one tree every 25 feet be planted to form a solid tree line and that a hedge 4 feet at time of planting and maintained at 6 feet be installed along the perimeter of the property which immediately abuts residential uses; (3) That the existing stabilized sod parking areas along with the proposed stabilized sod parking area to the east of the administrative and maintenance buildings be converted to paved parking areas and that the landscape islands be curbed with "Type D" curbing; (4) That the dumpster be relocated to the rear of the administrative building; (5) That a unity of title be provided for the seven (7) platted lots; people; (6) That the seating capacity is limited to 270 (7) That the abandonment of the adjacent section of alleyway be approved; or if it is not approved, that the site plan and seating capacity be modified accordingly; (8) That signage be placed at the entry of the exist- ing parking lots along S.W. 8th Avenue indicating "Additional Parking Available in the Rear"; (9) That all of the parking lots have security light- ing as well as site lighting per LDR Section 4.6.8; (10) That a security gate be installed at the entrance of the proposed parking lot on S.W. 7th Avenue; and (11) That the site plan be reviewed by a City of Delray Beach Police Officer trained in CPTED (Crime Prevention Through Environmental Design) principles. At this point, the applicant's representative arrived at the meeting, was duly sworn, and stated that the applicant agrees with and accepts the conditions of approval recommended by the Planning and Zoning Board. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve the conditional use modification request for Bethel Evangelical Church, based upon positive findings and subject to the conditions of approval recommended by the Planning and Zoning Board. The motion was -12- 3/07/00 seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. (Note: Mr. Schmidt stepped down for the following item. Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 9.E. RESOLUTION NO. 17-00: Consider approval of a resolu- tion vacating and abandoning a portion of N.W. 2nd Avenue lying south of N.W. 12th Avenue, based upon positive findings. The caption of Resolution No. 17-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE N.W. 2ND AVENUE RIGHT-OF-WAY LYING DIRECTLY SOUTH OF N.W. 12TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE EAST TWELVE FEET OF THE WEST FIFTEEN FEET THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 17-00 is on file in the City Clerk's office.) The City Attorney stated that because this request applies to a specific area of property, it 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. Prior to commencing the hearing, the City Attorney asked that the Commission disclose if any one of them had been contacted by anybody concerning the subject abandonment request. Mrs. Archer stated that she had received a letter from Mr. Robert Brewer in this regard, and she had also spoken with Mark Rosenberg concerning the application. Mrs. Archer entered into the file the letter from Robert T. Brewer dated March 4, 2000. Mayor Alperin stated that he, too, had spoken with Mr. Rosenberg concerning the application. Mr. Schwartz stated that he, too, had spoken with Mr. Rosenberg concerning the application. -13- 3/07/00 Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She presented an overview of the request, noting that it involves the abandonment of a 25 ft. wide portion of the unimproved N.W. 2nd Avenue right-of-way, just south of N.W. 12th Street. It becomes a 50 ft. wide right-of-way immediately south of the abandonment area. The lot immediately west of the right-of-way proposed for abandonment contains a single family home which is owned by Mr. Brewer. To the south of that lot is a vacant lot that Mr. Brewer also owns and which is currently incorporated into his yard area. It could be developed separately as a single family home. Immediately to the south of Mr. Brewer's property is a single family home owned by Mr. Roy Simon which takes access off of a driveway that was constructed within the 50 ft. wide por- tion of the N.W. 2nd Avenue right-of-way. To the south of that house is another vacant lot which is also owned by the Simon family. The City's Development Services Management Group (DSMG) has determined that if Mr. Brewer's south lot were to be devel- oped, it would have to take access off of the 50 ft. portion of right-of-way extending from N.W. llth Street since the 25 ft. wide section that is the subject of this abandonment is substan- dard in width. Pursuant to LDR Section 6.1.2(A) (2) (a), the developer of that lot would be responsible for improving N.W. 2nd Avenue to provide access and would assume all costs. Ms. Dominguez stated that a municipal water main is located within the N.W. 2nd Avenue right-of-way proposed for abandonment. The water main will remain in its present location and a replacement utility easement must be provided. The Planning and Zoning Board considered the abandon- ment request at a public hearing on January 24, 2000. Mr. Roy Simon spoke in opposition, stating that he would be negatively impacted by the abandonment if Mr. Brewer's south lot were ever to be developed as the right-of-way adjacent to his property would have to be improved and there would be increased traffic. He felt that if a house were to be built on that lot, it should have to take access from N.W. 12th Street via the substandard abandonment area. After a very brief discussion, the Board voted 6 to 1 to recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0) (5). Ms. Dominguez stated that staff feels the abandon- ment request meets the required findings and recommends approval based upon positive findings with respect to LDR Section 2.4.6(0) (5) and subject to accepting a replacement easement to cover the existing utilities. Mayor Alperin declared the public Speaking from the audience were the following: hearing open. Mark A. Rosenberq, M.D., 122 N.W. 12th Street, who presented a summary of his letter to the Mayor and City Commis- sioners dated February 28, 2000, a copy of which was entered into the record. 3/07/00 Lynette Rosenberg, 122 N.W. 12th Street, read and entered into the record the letter from Robert T. Brewer to the Delray Beach City Commission dated March 4, 2000, in support of the abandonment request. Doug Ayerst, 111 N.W. 11th Street, presented a letter in support of the abandonment request and entered same into the record. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to approve Resolution No. 17-00 based upon positive findings with respect to LDR Section 2.4.6(0)(5). The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 3 to 0 vote. Mr. Schmidt returned to the dais at this time. 9.F. SPECIAL EVENT REOUEST/"SKATE THE SUNSHINE STATE": Consider a request for special event approval for "Skate The Sunshine State", an inline skating event which will pass through Delray Beach on Thursday, April 13, 2000, including a temporary use permit for the use of Anchor Park as a pit stop area and staff assistance for escorting the skaters through town and trash removal. Robert A. Barcinski, Acting City Manager, presented a brief overview of the request. He stated that staff recommends approval of the event, contingent upon receipt of an updated insurance certificate and hold harmless agreement. Mrs. Archer moved to approve the special event request for "Skate The Sunshine State" as recommended by staff. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.G. SPECIAL EVENT REOUEST/HOT AIR BALLOON GLOW AND BALLOON RACES: Consider a request for special event approval for a Hot Air Balloon Glow on March 24th and Hot Air Balloon Races on March 25 & 26, 2000, sponsored by the City through the Millenni- um Committee, including a temporary use permit for closure of A1A and staff support for traffic control and security, barricad- ing, sign preparation and installation, stage set up and remov- al, and trash removal. Robert A. Barcinski, Acting City Manager, presented an overview of the special event request through review of his staff report. He noted that since the City is technically the event sponsor, the City is liable for the insurance through the -15- 3/07/00 self-insurance program. However, each balloonist has individual insurance that will be verified as they are checked in on Fri- day, March 24th. Mr. Schwartz moved to approve the special event re- quest for the Hot Air Balloon Glow and Balloon Races as recom- mended by staff. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.H. SPECIAL EVENT REQUEST/WALGREENS RED RIBBON RIDE 2000: Consider a request for special event approval for Walgreens Red Ribbon-Ride 2000 which will pass through Delray Beach on Sunday, April 2, 2000, including a temporary use permit for the use of Anchor Park as a pit stop area and staff support for traffic control, barricading, and trash container set up and removal. Robert A. Barcinski, Acting City Manager, presented an overview of the special event request through review of his staff report. He stated that staff recommends approval of the event, contingent upon receipt of an insurance certificate and hold harmless agreement. Mrs. Archer moved to approve the special event request for Walgreens Red Ribbon Ride 2000 as recommended by staff. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.I. SPECIAL EVENT REQUEST/CYSTIC FIBROSIS 10K WALK: Consider a request for special event approval for the Cystic Fibrosis Foundation's Annual 10K Walk to be held on Saturday, May 20, 2000, including a temporary use permit for the use of the sidewalks along A1A and Anchor Park, Police assistance for traffic control and a 50/50 split on overtime costs. Robert A. Barcinski, Acting City Manager, presented an overview of the special event request through review of his staff report. Police overtime costs are estimated at $400.00. He stated that staff recommends approval of the event, including the split of Police overtime costs 50/50, contingent upon re- ceipt of an insurance certificate and hold harmless agreement. Mr. Schmidt moved to approve the special event request for the Cystic Fibrosis Foundation's Annual 10K Walk as recom- mended by staff. 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. Said motion passed with a 4 to 0 vote. (Note: Mr. Schmidt stepped down for the following item. Form 8B, Memorandum of Voting Conflict for County, Municipal, and -16- 3/07/00 Other Local Public Officers, is on file in the City Clerk's office.) 9.Jo REQUEST FOR TENT PERMIT/IRISH COTTAGE PUB & GRILL: Consider a request from the Irish Cottage Pub & Grill to erect a temporary tent on their property at 2515 North Federal Highway from Thursday, March 9th, through Monday, March 20, 2000, for a St. Patrick's Day celebration. Robert A. Barcinski, Acting City Manager, stated that LDR Section 2.4.6(H) (2) provides that the City Commission may approve a temporary use permit for uses under a tent. The Commission delegates the approval of tent permits that are erected for three days or less and which comply with the condi- tions set forth at LDR Section 2.4.6(H) (3) (a) to the Chief Building Official. The request from the Irish Cottage Pub is before the Commission because of the length of time the tent is proposed to be up and the use, retail sales. The LDRs prohibit the use of tents for retail sales or other commercial uses. Mr. Barcinski noted that similar approvals were granted in the past for the First Presbyterian Church and also with Wallace Ford. Dan Glazer, an owner of the Irish Cottage Pub, comment- ed that his business has put up a tent for St. Patrick's Day every year for the past four years. The tent is only needed for two days, Saturday, March llth, and Friday, March 17th. He explained that the tent company cannot put the tent up before March llth and then take it down and put it back up again for the 17th. Mr. Glazer stated the tent has never been a problem before and a letter has always been submitted to the Building Department indicating when the tent would be put up and when it would be taken down. After discussion, Mr. Schwartz moved to approve the tent permit for the Irish Cottage Pub with the condition that the tent is only actually used for business on March llth and March 17th. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 3 to 0 vote. Mr. Schmidt returned to the dais at this time. 9.Ko REPLACEMENT APPOINTMENT TO THE METROPOLITAN PLANNING ORGANIZATION: Consider appointing a replacement to the Metropol- itan Planning Organization to fill the vacancy created by Commis- sioner Wright's resignation from the City Commission. It was the consensus of the City Commission to post- pone the replacement appointment until after the municipal election on March 14, 2000. It will be brought back to the Commission at the organizational meeting scheduled for March 30, 2000. -17- 3/07/00 9.L. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member to the Education Board to fill an unexpired term ending July 31, 2001. The appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Marlene Brown to the Education Board as a regular member to fill an unexpired term ending July 31, 2001. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer stated that she wanted to let the rest of the Co~mission know that it is probable that the Education Board will put forward a request to increase the board's membership from seven members to nine members. There are new schools and one of the criteria for the Education Board is that they attend SAC committee meetings, so Mrs. Archer expected that the Commis- sion may see a request for an increase in members. 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. 5-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", by adding 'Catering Services' as a permitted use, and providing for floor area limitations and restrictions on vehicle storage in conjunction with said use. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 5-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES", BY ADDING 'CATERING SERVICES' AS A PERMITTED USE; AMENDING SUBSECTION 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", TO PROVIDE FOR FLOOR AREA LIMITATIONS AND RESTRICTIONS ON VEHICLE STORAGE IN CONJUNCTION WITH CATERING SERVIC- ES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -18- 3/07/00 (The official copy of Ordinance No. 5-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one in the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 5-00 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.B. ORDINANCE NO. 6-00 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending LDR Section 4.4.9, "General Commer- cial (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 Dis- trict, subject to performance standards. If passed, a second public hearing will be scheduled for March 21, 2000. Prior to consideration of passage of this ordinance on FIRST 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. -19- 3/07/00 Diane Dominguez, Director of Planning and Zoning, noted that with the adoption of Comprehensive Plan Amendment 99-1 last year, Future Land Use Element Policy A-5.6 was added to the Plan. It reads, "The City shall amend the General Commer- cial (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." The proposed ordinance is necessary to implement this policy through the zoning code. Mayor Alperin noted that the West Atlantic Redevelop- ment Coalition, the Community Redevelopment Agency and the Plannihg and Zoning Board all reviewed the text amendments and recommended approval. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 6-00 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.C. TRANSFER OF CITY-OWNeD PROPERTY: Consider approval of a quit claim deed transferring a City-owned parcel of land on S.W. 6th Avenue to an eligible applicant under the Delray Beach Renaissance Program. A public hearing has been scheduled to be held prior to consideration of this item. Lula Butler, Director of Community Improvement, ex- plained that the City acquired the property about two years ago from Palm Beach County off of the "Lands Available" list. The proposal now is to deed it over to an eligible home buyer as a portion of the funding subsidy under the Renaissance Program. The prospective homeowner is one of the tenants relocated as a result of the tennis center expansion. A public hearing was held having been legally adver- tised 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 in the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve the quit claim deed transferring City-owned property to an eligible applicant under the Delray Beach Renaissance Program. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as fol- -20- 3/07/00 lows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. There were no responses to prior comments or inqui- ries. 11 .B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, stated that she ob- served County signs posted for a variance at the property that is now known as Office Depot at the northwest corner of Atlantic Avenue and Military Trail. Upon reading the signs, she found that the request is to change the minimum number of square feet on the front of the Office Depot building to accommodate addi- tional signage. Mrs. Finst felt it important that the City keep a very close watch on these types of things because that proper- ty will in all likelihood come into the city and she would not want to have a precedent set as to the type of signage that will be allowed. She expressed concern that the type of signage that is being proposed is not in the City's sign code and also that whoever is supposed to be watching out for these things in the City's reserve area is not watching in the right direction. She felt this is something that needs to be looked at. Mrs. Finst further commented that the matter of Bar- wick Road came up at a recent candidates forum, but none of the candidates seemed to know about what was going on with the road. Mrs. Finst claimed that Barwick Road "has been in every- body's 2000/2001 plan" for many years and people are concerned about it. She asked that the City Manager provide an update on Barwick Road since it is in the plan. Lastly, Mrs. Finst spoke concerning the disruption of the Green Market by the different events held at the Tennis Center. Most recently, the Green Market had the restroom facili- ties at the tennis center shut off to market vendors and pa- trons. She claimed that when people went to use the facilities, they were told by a City employee to use the restroom at Dunkin' Donuts. Mrs. Finst felt this to be presumptuous and suggested that if the restroom facilities that are used by the Green Market for a few hours on Saturday mornings are to be closed off, then some other provision should be made. 11.B.2. Jean Beer, 2145 S.W. 26th Terrace, distributed copies of a newspaper article about Red Bank, New Jersey (copy at- tached), and the measures being taken to protect that town's vision for itself. She pointed out that when big developers wanted to come in, they were "summarily rejected" because the -21- 3/07/00 town felt that it first needed a plan. They got a large grant and they hired professionals to look at those particular areas in town that were of prime importance. They had the architects devise buildings that were in keeping with the rest of the town, and they had scale models made of these and put in town hall so that residents could come and look at them to see if they ap- proved. Mrs. Beer stated that Red Bank encouraged residents to take part in the approval process, whereas in Delray Beach the big development is rammed through and a precedent is set, open- ing up zoning possibilities for mega-buildings before the plan is in place. Mrs. Beer further stated that the grant from the MacArthur Foundation is the result of two month's work by Jeff Perlman, not the CRA, because Mr. Perlman was concerned about the divisiveness and wants to bring the City together. The CRA is lukewarm about it now because the community is going to be involved. Mrs. Beer suggested that perhaps Delray Beach could learn something from Red Bank. 11.B.3. Kevin Warner 248 Venetian Drive, wished Mayor Alperin well as he prepares to step down from the City Commission. Mr. Warner commented that he has been in town a relatively short period of time and has not had occasion to partake of Mayor Alperin's professional services, but he has been 'drilled' by the Mayor on a few occasions when they have crossed swords on various issues. Nonetheless, he hoped that Mayor Alperin would remain active in the community by sharing his perspective and experience. Mr. Warner was sorry that Commissioner Randolph was not present at the meeting as he wished to make the same com- ments in his regard. He believes that hearts are in the right place and hoped that the City could continue to benefit in the future from their expertise. 12. FIRST READINGS: 12.A. ORDINANCE NO. 7-00: An ordinance amending the Land Development Regulations to establish notification procedures for granting relief from minimum lot dimension requirements and providing that the Historic Preservation Board may grant waivers in certain instances. If passed, a public hearing will be scheduled for March 21, 2000. The City Manager presented Ordinance No.7-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SECTION 4.3.1, "APPLICATION OF DISTRICT REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE WITH ZONING REGULATIONS", OF THE LAND DEVEL- OPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ESTABLISH NOTIFICATION PROCEDURES FOR GRANTING RELIEF FROM MINIMUM LOT DIMEN- SION REQUIREMENTS AND PROVIDING THAT THE HISTORIC PRESERVATION BOARD MAY GRANT WAIV- -22- 3/07/00 ERS TO THE REQUIREMENT TO ALLOW THE DEVELOP- MENT OF A NONCONFORMING LOT OF RECORD WHICH IS UNDER TME SAME OWNERSHIP AS THE ADJACENT LOT BASED UPON THE FINDINGS AND RECOMMENDA- TION OF THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEAL- ER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Diane Dominguez, Director of Planning and Zoning, stated that the main purpose of the ordinance is to provide notification requirements for certain waivers that can be grant- ed to minimum lot sizes and buildable area. The proposed amend- ment requires that the City provide mailed notices ten (10) calendar days prior to a meeting, to all property owners within 500 feet of the perimeter of the property for which relief is being sought. The amendment also allows the Historic Preserva- tion Board to grant waivers (for historic properties) to allow the development of a nonconforming lot of record which is under the same ownership as the adjacent lot. Such waivers would also be required to be noticed. Ms. Dominguez pointed out that the City Manager does not support giving the Historic Preservation Board waiver power. He feels that decisions to allow increased density and construction on substandard lots should be made by the City Commission. She continued that the Planning and Zoning Board held a public hearing on the text amendment on February 28, 2000, at which there was no public testimony regarding the request. The Board voted 5 to 1 to recommend approval based upon a positive finding that the amendment is consistent with and furthers the goals, objectives and policies of the Comprehen- sive Plan. Mrs. Archer stated that she agrees with the City Manager that the City Commission ought to retain authority over the approval of substandard lots, especially with the possibili- ties for infill development and larger homes being built setback to setback. She had no objection to the notification require- ment and felt that would be appropriate. Mr. Schwartz commented that he, too, supports the notification portion of the proposed amendment but is uncomfort- able with the waiver provision at the Historic Preservation Board level. Mayor Alperin stated that while he is generally in favor of giving the boards as much leeway as possible in making certain decisions, he was also uncomfortable with the waiver provision. Me asked if the Historic Preservation Board had reviewed the amendment? -23- 3/07/00 Diane stated that the amendment did not go to HPB as it was dealing mainly with notification requirements. Mayor Alperin suggested that the ordinance be passed on first reading to move it to a public hearing and, in the interim, make sure the HPB has a chance to review it to see if they have some good, logical argument that may sway the Commis- sion to support the ordinance as written. The City Attorney stated that the ordinance in its current form has not yet been advertised, so this would be an appropriate time to make any change that the Commission may wish to make. If the ordinance is passed as written, it could not be amended on second reading. An alternative would be to deny the subject ordinance on first reading with direction to bring a revised ordinance back at a later date. Mr. Schmidt moved to DENY Ordinance No. 7-00 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, regular agenda. the City Commission returned to the 9oMo APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint a regular member (General Contractor position) to the Board of Construction Appeals to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Schwartz (Seat #3). Mr. Schwartz moved to appoint James A. Griffis to the Board of Construction Appeals as a regular member (General Contractor position) to fill an unexpired term ending August 31, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.N. SETTLEMENT/YOUNGINGER V. CITY OF DELRAY BEACH, ET AL: Consider settlement of the referenced matter as recommended by the City Attorney. The City Attorney stated that her office recommends approval of the proposed settlement in the amount of $120,000 subject to securing appropriate releases. Mr. Schwartz moved to approve settlement of Younginger v. City of Delray Beach, et al., as recommended by the City Attorney. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. -24- 3/07/00 Comments and Inquiries on Non-Aqenda Items. 13 .A. City Manaqer. The Acting City Manager had no comments or inquiries. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13 .C. City Commission. 13.C.11 Commissioner Schmidt had no comments or inquiries. 13.C.2. Co~,,~,Lissioner Archer had no comments or inquiries. 13.C.3. Commissioner Schwartz commented that he was thrilled to see in the newspaper that Atlantic High School had been rated so highly and ranked by Newsweek magazine as one of the best high schools in the nation. Commissioner Schwartz commented that there was also in the newspaper a rather expansive article on the fact that the City needs hotel rooms and that we could lose some people who have been very beneficial to the community. He felt that the Commission needs to do everything it can to encourage good quality hotels to take care of the needs of the people who come to Delray Beach for major events such as Fotofusion and the Citrix Tennis Tournament, and others that we hope to attract in the future. He felt that this is an area that the City really needs to concentrate on. 13.C.4. Mayor Alperin had no comments or inquiries. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to 286.011(8) re: Scheinberg et al. v. City of Delray Beach. F.S. The City Attorney stated that the City has scheduled a closed attorney/client session pursuant to F.S. 286.011(8) in the case of Scheinberg et al. v. City of Delray Beach. The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor Jay Alperin Commissioner David Schmidt Commissioner Pat Archer Commissioner Bill Schwartz Assistant City Manager Bob Barcinski City Attorney Susan Ruby Assistant City Attorney Jay Jambeck A certified court reporter -25- 3/0?/oo The purpose of the closed door session is to discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. Ms. Ruby stated that the regular meeting would be reopened at the conclusion of the closed session. At this point, the time being 7:30 p.m., Mayor Alperin adjourned the meeting for the Closed Attorney/Client Session. Mayor Alperin reconvened the meeting at 7:45 p.m. and announced that the regular meeting was reopened and the closed session was terminated. The City Commission returned to the regular agenda. 15. SETTLEMENT PROPOSAL/STANLEY SCHEINBERG ET AL. V. CITY OF DELRAY BEACH. The City Attorney stated that the appropriate motion would be to approve the settlement agreement, with the appropri- ate agreement to be drafted by the City Attorney's office, that would contain, among other legal matters, the points that are contained in the memorandum dated March 6, 2000, from Assistant City Attorney Jay Jambeck to the City Commission concerning the Tropic Isle Class Action Settlement Agreement Summary (a copy of which is attached hereto and made a part of these minutes). Mr. Schwartz so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. There being no further business, adjourned by Mayor Alperin at 7:48 p.m. the meeting was 'City-Cl~rk -- ATTEST: 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 the Delray Beach City Commission held on March 7, 2000, which minutes were formally approved and adopted by the City Commission on .%6~D~ ~/~ ~OOO City Cl~kk - -26- 3/07/00 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. -27- 3/07/00 TO: THRU: FROM: SUBJECT: DA~IE~ T. HA._.RDEN, CITY MANAGER DIANE DOMINGUEZ, DIRECTOR/OF PLANNING & ZONING PAUL DORLING, PI~ICIPAL PLANNER MEETING OF MARCH 7, 2000 ** CONSENT AGENDA ** INTIATION OF COMPREHENSIVE PLAN AMENDMENT 2000-1 The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2000-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. Chapter 163, Florida Statutes, limits regular amendments to the Comprehensive Plan to a twice- a-year cycle. This will be the first amendment for the year 2000. This amendment generally focuses on updating maps and tables, clarification of policies, adoption of a redevelopment plan and an amendment to the Future Land Use Map. The items suggested for inclusion in the Plan Amendment are listed below: · City initiated Future Land Use Map amendment for the Home Depot property from GC (General Commercial) and CMR (Commerce) to General Commercial for 13.84 acres. · Privately initiated Future Land Use Map amendment for the Waterford development from MD (Medium Density) to T (Transitional) for approx. 31.77 acres. · Adoption of a Redevelopment Plan for Redevelopment Area #6 (Lindell/Federal), and associated changes to the Future Land Use Element to reflect that future development in this area shall be consistent with the plan. · Modification of Future Land Use Policy A-3.1 to better cladfy that required findings are necessary when natural areas worthy of saving are present. · Modification of Transportation Element Table T-2, and T-3 to reflect newly adopted FDOT Average Daily and Peak Hour Level of Service tables. · Modification of Transportation Element Tables T-4 to reflect new classifications for traffic signals per mile. Planning and Zoning Board Staff Report Recommendation to the City Commission Regarding the Initiation of Plan Amendment 00-1 Page 2 · Modification of Transportation Element Table T-5 updating intersection accident data. · Modification of Transportation Element Table T-8 and T-9 to reflect new improvement schedules for over capacity roads and the adopted year 2020 WPBUSA Plan update. · Modification of Housing Element Map #3 and Table HO-20 relating to potential residential units to be built on vacant land within the City. The tentative schedule for processing Plan Amendment 00-1 is as follows: March 7, 2000 Initiation by City Commission March 20, 2000 Planning and Zoning Board Hearing April 4, 2000 City Commission Transmittal Public Hearing May 23~ 2000 Receipt of ORC Report June 19, 2000 P&Z Adoption Hearing July 11, 2000 City Commission adoption August 29, 2000 Effective date The Planning and Zoning Board considered the initiation request at their meeting of February 28, 2000. There was no discussion by the public and the Board unanimously recommended approval on a 4-0 vote (Morris, Eliopoulos and Carter absent). By motion, approve the initiation of Comprehensive Plan Amendment 2000-1, containing the matedal stated in this staff report. LONGRANGE/00-1CClNTIATION MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM J(~ - REGULAR MEETING OF MARCH 7, 2000 FINAL PLAT APPROVAL/TOWN SQUARE FEBRUARY 29, 2000 This is before the Commission to approve the final subdivision plat for Town Square, a proposed mixed use development to consist of 22 townhouse units and a 4-story office building. The subject property is located on the south side of N.E. 1st Street between N.E. 5th Avenue (southbound Federal Highway) and N.E. 6~h Avenue (northbound Federal H~ghway). It ~s a replat of a pomon of Lots 1 through 4, Block 108, and a portion of Lots 8 through 13, Block 108, along with the adjacent vacated alley. The project was approved by the S~te Plan Review and Appearance Board on October 20, 1999. A condition of approval was that a subdivision plat be recorded prior to the issuance of any building permits. All techmcal and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Town Square. RefiAgmemol&Town Square Final Plat Agenda Item No. g~ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: Feb. 16, 2000 When: Mar. 7, 2000 Description of item (who, what, where, how much):Approval of the subdivision plat for Town Square. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the subdivision plat for Town Square. ~~ ~~ Department head signature: ~ ~-I~o Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~/ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Town Square file:s/engadmin/tac/town square/ag030700.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 Barron E. Caronite, PE, Assistant City Engineering"' February 16, 2000 Town Square Plat Please find an agenda request for Commission approval of the subdivision plat for Town Square attached. The project consists of 22 townhouses and a 4 story office building. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by the Planning and Zoning Board on October 20, 1999. If this meets with your approval, please place it on the March 7, 2000 Commission meeting for Commission approval. Encl. File: cc; TAC: S:lengadmin/tac/townsquarelagmemo. doc Randall Krejcarek, P.E., City Engineer Paul Dorhng, Principal Planner Janet Meeks, Senior Planner Town Square N.E. 2ND ST. IST ST. ATLANTI AVENUE I. S.E. 1 ST ST. (,(o~46!H !. ~) ~ - (<2 O¥OH 3i¥iS) IoJopeJ punoqqIJON) 3RN3AV <~ (Xo~,qb!H IDJapa-I punoqq)nos) 3F1NZIAV q),g 3N MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff~ AGENDA ITEM ~7 (_5 . REGULAR MEETING OF MARCH 7, 2000 FINAL PLAT APPROVAL/ATLANTIC AVENUE OFFICE PLAZA FEBRUARY 29, 2000 This is before the Commission to approve the final plat for 'Atlantic Avenue Office Plaza', a proposed one story office development to be located on the north side of West Atlantic Avenue, just west of Coral Trace Boulevard. It is a replat of a portion of Lot 12, all of Lot 15, and the abandoned 25 ft. right-of-way lying north of and adjacent to Lot 15, witlun the Breezy Ridge Estates subdimsmn. The project was approved by the Sxte Plan Review and Appearance Board on March 17, 1999. A condiuon of approval was that a subdivision plat be recorded prior to the issuance of any building permits. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final plat for 'Atlantic Avenue Office Plaza'. RefiAgmemol 0.Atlantic Avenue Office Plaza. Final Plat Agenda Item NO. ~ Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda AGENDA REQUEST Date: Feb. 18, 2000 When: Mar. 7, 2000 Description of item (who, what, where, how much):Approval of the plat for Atlantic Avenue Office Plaza. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomm/~ds approval of the plat for Atlantic Avenue Office Plaza. ~//: (~ , /~ 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 cc: tac- Atlantic Avenue Office Plaza file:s/engadmin/tac/Atlantic Avenue Office Plaza/ag030700.doc CI3^1303Ei 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 Barron E. Caronite, PE, Assistant City Engin~ February 18, 2000 Atlantic Avenue Office Plaza Please find an agenda request for Commission approval of the plat for Atlantic Avenue Office Plaza attached. The project consists a one story office building on the North side of West Atlantic Avenue just West of Coral Trace Blvd. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by the Planning and Zoning Board on March 17, 1999. If this meets with your approval, please place it on the March 7, 2000 Commission meeting for Commission approval. Encl. File: cc: TAC: S:/engadmin/tac/Atlantic Avenue Office Plaza/agmemo.doc Randall Krejcarek, P.E., C~ty Engineer Paul Dorling, Principal Planner Janet Meeks, Senior Planner Town Square [ ..... ~---~m / I i .... , :- -~, i .... ; D E L R A Y B E A C H ) i! j uu ~ )j /~ z , ,___' '~ ~ ~ M U N I CI P A L / G 0 L F C 0 U R S E' / ( ~M~ R~ RP~~ A~. AVE. OFFICE PLAZA PLAT o~-P~z ~~~~~~~ 2000-200 1 OF 1 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN CITY MANAGER MEETING OF MARCH 7, 2000 ACCEPTANCE OF A REVISED CROSS-ACCESS EASEMENT AGREEMENT ASSOCIATED WITH THE TOWERS CENTER COMMERCIAL PLAZA. The action requested of the City Commission is acceptance of a revised cross-access easement agreement associated with the Towers Center commercial plaza, located on the east side of SE 6th Avenue (Federal Highway), approximately 245' south of SE 8th Street. At its meeting of December 17, 1999, the Site Plan Review and Appearance Board (SPRAB) approved the site plan for Towers Center subject to the condition that the applicant enter into an off-site parking agreement that essentially dedicates the use of two parking spaces on the adjacent Mayfair Plaza property to Towers Center. This agreement was necessary as the two spaces were counted toward the required parking for the Towers Center development plan. The City Commission accepted the cross access easement between Towers Center and Mayfair Plaza on January 18, 2000. The applicant has subsequently submitted a revised cross access agreement that now includes the Towers Center, Mayfair Plaza, and Portofino Square to the south. While the easement previously accepted by the City Commission was sufficient to ensure adequate parking for the Towers Center, the revised easement improves on the "concept" that the three commercial centers will function as a unified development for access and parking purposes. By motion, accept the cross-access easement agreement for Towers Center. Attachments: [] Location Map [] Cross-Access Easement Agreement t I I I I I J I/ I II II SE I II J 6TH 7TH SE _~IARAY CE CONDOS 9TH 10TH EXECUTIVE QUA R TERS RD THE PLA ZA AT DEL~ t. I I I J ST ST BA RNE T T 5TH AVE GRILL BA RR TON APT CONDOS CHURCHILL CONDO 8TH ST ST ST. HARBOUR SIDE <{ 0 z CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT TOWERS CENTER MAYFAIR PORTOFINO SQUARE -- OIGI.;rAI ~,4SE MAP $)'S~'EM -- MAP REF L~336 CROSS ACCESS EASEMENT AGREEMENT This cross Access Easement Agreement i_s, made on the lq days ofxJ~~f_, 2000 between Eli & Raymonde Behar, ("Behar '), and 885 RE~_LTY GROUP, INC.?a Florida Corporation (''885 Realty") and FIMA DEVELOPMENT, INC., a Florida corporation CFima"). WITNESSETlt: WREREAS, BEHAR is the owner of that certain real property located in Palm Beach County, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Behar Property"), and WHEREAS, 885 REALTY is the owner of that certain real property located in Palm Beach County, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "885 Realty Property"), and WHEREAS, FIMA is the owner of that certain real property located in Palm Beach County, Florida, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Fima Property"), and WHEREAS, BEHAR and 885 REALTY and FIMA are adjoining land owners and desire to establish a perpetual nonexelusive cross access, and parking, ingress, egress and utility easement over, across, through, upon and beneath that portion of the BEHAR Property and the 885 REALTY Property and FIMA Property as described on Exhibit "A" NOW, therefore, in consideration of the sum orS10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BEHAR, and 885 REALTY, and FIMA hereby agree as follows: BACKGROUND. The recitals set forth above are tree and correct and incorporated herein as fully set forth at length. GRANT OF EASEMENT. BEHAR and 885 REALTY and FIMA, hereby grant to themselves, any utility companies, their successors, assigns, invitees, tenants and guests the Easement over, cross through and parking and under the BEHAR Property and the 885 REALTY Property and FIMA Property for the purpose of providing vehicular and pedestrian access, ingress and egress, and utility service to the BEHAR Property and the 885 REALTY Property and FIMA Property. ATTORNEY FEES. In the event of a dispute or litigation arising as a result of the agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and cost fi.om the non prevailing party through trial and appellate levels. MODIFICATION, AMENDMENT OR TERMINATION. This Agreement may not be modified, amended or terminated without the prior written approval of BEHAR, 885 REALTY, FIMA and the City of Delray Beach or any of their successors and assigns. MISCELLANEOUS. The Easement and the rights and covenants contained herein shall run with the land and shall be binding upon and inure to the benefits of the parties to this Agreement, any utility companies and their respective successors, assigns, invitees, tenants and guests. IN WITNESS WHEREOF, BEHAR and 885 REALTY and FIMA, intending to be legally bound, have caused this Agreement to be executed as of the day and year first above written. Signed, Sealed and Delivered In the presence oi~ Prim Name~t/ Prim Name: Print Name:.6ctt~m. p..i .o.oc_l Print Name: :y~~~de Behar 885 REALTY GROUP, INC. a Florida Corporation Print Name~/ STATE OF FLORIDA COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this ~ day of ~_J57/0///2//tJ~, 2000, by Eli & Raymonde Behar, who are personally know to me or have ~oduced a drivers license as identification. Notary Public-State of~forida Print Name: ~a rdra r~.,e,'~,,rd STATE OF FLORIDA COUNTY OF Palm Beach lOFFICIAL NOTARY SEAL '.i SANE)PA M RIPPEL NOTARY PUBLIC SI'ATE OF la,~ORIDA COMMISSION NO. C. C64067~ MY COMMISSION EXP. ~ 21,2t}01 The foregoing instrument was acknowledged me this ]q~day of 0t~rtU~ 2000, by'/-~,-rTM ~tF_~t, £, as the 5~'F.~t~~ of 885 REALTY GROUP, I~IC., Florida Corpof~ation, who is personally know to me or has produced a drivers license as identification. NOTARY Public-State ot~Fbrida Print Nme:,_.~Zt a STATE OF FLORIDA OFFICIAL NOTARYSEAL ~d~IDRA M RIPPEL NOTARY PUBLIC $rATE OF FLORIDA COMMISSION NO. CC640678 MY COMMISSION EXP. APR. 21r2001 COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this it{ Ray of c,J~qlJ~ 2000, by'c~lif~ ~'~r;~ , asthe ~C.~--Pt~t~latr-t~fFIMA DEVELO12MENT, INC., a Florida, who is personally know to me or has produced a drivers license as identification I~-OTARY PLIBLIC-St'at$ of Florida _Print Name:,.qarldra ~. PJp?l l OFFICIAL NOTARY SEAL ' '~ SAN'DP, A M gltn'EL NOTARY pLIBLIC b~rATE OFFLORIDA COMMISSION NO. ~78 MY COMMISSION EXP. APR. 2L2oo~A BEHARPROPERTY Lots 3 & 4, in Block 2, RIO DEL REY SHORES according to the plat thereof, as recorded in Plat Book 25, Page 5 of the Public records of Palm Beach County, Florida. 885 REALTY PROPERTY MAYFAIR ALL OF PLAT, as recorded in Plat book 46, Page 22 of the Public Records of Palm Beach County, Florida FIMA PROPERTY Lot 1, in Blockl, of RIO DEL SHORES REPLAT, according to the Plat thereof as recorded in Plat Book 82 Page of the Public Records of Palm Beach County, Florida. Formerly described as follows Lots7 and 8, in Block 2, of RIO DEL REY SHORES, ACCORDING TO THE Plat, as recorded in Plat Book 25, Page 5 of the Public Records of Palm Beach County, Florida. Together with first party's right, title and imerest in and to the North ½ of the abandoned road lying Somh of said property and adjacent thereto. TO: THRU: FROM: SUBJECT: DAVID T. HARDEN CITY MANAGER ~" DIANE DOMINGUEZ, DIRECTOR ~ DEPARTMENT OF PLANNING AND ZONING MICHELLE E. HOYLAND, PLANNER ~/{~~ ~)~ MEETING OF MARCH 7, 2000 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH SEXTON PROPERTY (416 SE 5'" STREET). The action requested of the City Commission is acceptance of a right-of-way deed associated with the Sexton Property, located at the southwest corner of SE 5th Avenue and SE 5th Street, within the GC (General Commercial) zoning district. At its meeting of October 20, 1999, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for Sexton Property subject to conditions, which included recordation of a right-of-way deed. The approval was for the conversion of an existing single family residence to professional offices with associated parking and landscaping. Currently, sidewalks exist within the SE 5th Avenue and SE 5th Street rights-of-way. However, the intersection of these sidewalks encroaches onto the subject property at the northeast corner. In order to provide for dedication of a safe corner, a right-of-way deed must be executed. 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 Sexton Property. Attachments: Location Map Reduced Site Plan Right-of-Way Deed SE 4TH SE SE. CURRIE COMMONS SE 5TH ST. 6TH '1 7TH ,I 8TH 9TH DELRA Y BEA CH WOMEN'S CLUB ST. ST BARNETT )RI V~- THRL 5TH AVE GRILL MIAMI SUBS ST ST BA RR TON APT CONDOS CHURCHILL CONDO S E 8TH ST N CITY OF DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT SEXTON PROPERTY -- DIGli',AL BAE. E' M,4P SY~i'E'M -- MAP REF: LM398 I I III I I I I I I I I · law 561-276-7-J44 T0:56i 243 7221 IBou 200 N.W. l~t.dL~ RIGRT4)_ -WS¥ TTIZS IND~ made tl~ llth d~y of F.e. bruar~ , 2000, be~wegn Rhonda Sex*ton ~ · marling addreim Of 416-s.t. ~-~rtn street, ~lr~ Be~c~, ~ 3~ u~ ~~~ ~ ~ WITNI~S$1~TH: CEB- 11-2000 09: 37 FROM: SHEREMETR/SURUEY SO 0~/08/00 ?BU I,~:4:J P'AZ S8! 13'8 iT,SS 561-276-?~44 DBL B4~ C'~ A'A~ T0:561 243 7221 P.003 ~00~ fSmeprinted or m~l~~, - ... .. STATE O~ ~ · ',: '.' ..... CO~C~ Palm,Beach PARTY OF TH]~ FIRST PART ahonda Se-~'~o,n, .... 416 S.E. Fifth Street, Delray Beach, FL February 8000 Rho,nda Sexton llth d~y of 2 LEG£ND~ ~ = C£NTERLINE 127.5 LOT 2 ~LDCK DESCRIPTION: A parcel of land in Lot 1, Block 3, Osceola Park, according to the Plat thereof, as recorded in Plat Book 3, Page 2 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said lot, thence East, on an assumed bearing, along the North line of said lot and the South line of Southeast 5th Street, a distance of 115.43 feet to the POINT OF BEGINNING; Thence, South 44'45'46" East, a distance of 17.00 feet to a point on the West Right-of-Way line of Southeast 5th Avenue (State Route #5); Thence, North 00'28'27" East, along said West Right-of-Way line, a distance of 12.07 feet; Thence, West a distance of 12.07 feet to the POINT OF BEGINNING. Said lands containing 62.48 square feet more or less. d~e job no. 1" = 40' 2/07/00 99158.900 EXHIBIT "A" SHEREMETA ASSOCIATES. INC. CONSULTING ENGINEERS TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR MEETING OF MARCH 7, 2000 REQUEST FOR WAIVER OF REQUIREMENT TO PROVIDE SURVEYS ASSOCIATED WITH THE CITYWIDE ALLEY ABANDONMENT PROJECT As you know, the City Engineer and the P & Z Department have conducted an analysis of unimproved alley rights-of-way throughout the City, in order to determine which should be improved, and which are good candidates for abandonment. To date more than 90 separate alley sections have been identified as eligible for abandonment. The abandonments will be initiated and processed by the City pursuant to the procedures contained in LDR Section 2.4.6(0). However, this section contains a requirement that a survey be submitted showing all improvements and utility locations that are within or adjacent to the abandonment area. Given the number of alleyways that will be abandoned, this requirement represents a substantial cost to the City. Staff is asking the City Commission to waive the survey requirement for this project. Preliminary site visits have been conducted of the alleys, and additional site visits will be done prior to each alley being abandoned in order to note any encroachments or other problems. All adjacent property owners will be notified, as will all utility providers who may need replacement easements. While a survey would be helpful, in most cases it will likely be unnecessary. Surveys can be obtained for those areas where the right-of-way dedication is not clear, or where there are special concerns about the location of utilities or encroachments. Pursuant to LDR Section 2.4.7(B)(5), waivers may be granted based upon findings that the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) 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. The waiver involves a technical submission requirement that will not affect the neighboring areas nor create an unsafe situation. It does not affect the provision of public facilities, as all City utilities have been identified, and other utility providers will be notified. This is a Citywide project that represents an unusual circumstance. The intent of the request is to spare the public a significant cost, and does not constitute the granting of a special privilege. By motion, approve a waiver of the requirement to submit surveys associated with the Citywide alley abandonment project, based upon positive findings with LDR Section 2.4.7(B)(5). MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM ~>' ~' - REGULAR MEETING OF MARCH 7, 2000 LEASE AGREEMENT WITH F.I.N.D. FOR PARCEL MSA 650 MARCH 1, 2000 This is before the City Commission to approve a lease agreement w~th the Florida Inland Navigation District (F.I.N.D.) for the C~ty's lease of Parcel MSA 650 for recreatton purposes. The term of the lease is for an iniual thirty (30) year period w~th one (1) option to renew for a twenty-five (25) year extension. The cost of the lease is $1.00 per year. The tract contains 4.09 acres, more or less, and ~s located on the west side of the Intracoastal Waterway, lust south of Knowles Park between Dekay Harbor Club and Harbours~de. A synopsis of the parcel's history ~s provided in the accompanying memorandum from Mr. Weldon. The intent is to develop Parcel MSA 650 as a waterfront park, including boat ramps, restrooms, p~cmc area and parking. This lease implements Pohcies B-2.1 and B-3.1 under Goal Area "B" of the Open Space and Recreation Element of the Comprehensive Plan. The lease agreement has been revsewed and approved as to form and legal sufficiency by the Attorney's Office. Recommend approval of the lease agreement with the Florida Inland Navigation District for the lease of Parcel MSA 650. Ref:Agmemol .Lease Agreement. F.I N.D Parcel MSA 650 Request to be placed on: AGENDA REQUEST Date: February 14, 2000 XX Regular Agenda __ Special Agenda __ Workshop Agenda When: March 7, 2000 Description ofagendaitem: Request approval of and appropriate signature on 2 lease agreements to lease Parcel MSA 650 from Florida Inland Navigation District at a cost of $1 per year for a period of 30 years with one option to renew for 25 years. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO X NO X Recommendation: Approval and signature. Determination of Consistency i~ 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 Number: Account Description: Account Balance: City Manager Review: Approved for agenda.~) ~ No,~ Hold Until: . -~ ~__~ Received: Action: Approved Disapproved [IT¥ DF DELRI:I¥ BEI:I£H DELRAY B,EAoCH~ F L o 1993 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Leasing Parcel MSA 650 from F.I.N.D. DATE: February 14, 2000 Attached please find two (2) lease agreements from the Florida Inland Navigation District (F.I.N.D.) for the lease of Parcel MSA 650. The lease is for 30 years with one (1) option to renew for 25 years. The cost of the lease is $1.00 per year. The parcel contains 4.09 acres, more or less, and is located on the Intracoastal Waterway on the east side of U.S. 1 just south of Knowles Park between the Delray Harbor Club and Harbourside. Assistant City Attorney Brian Shutt has reviewed these leases and found them acceptable. Because many events took place since we originally contacted F.I.N.D. concerning the leasing of parcels MSA 650, 651 and MSA 645 C and D, I have provided the following synopsis of its history. I originally contacted F.I.N.D. in 1990 concerning acquiring Parcels MSA 645 C and D, MSA 650 and MSA 651. I was notified by F.I.N.D. that MSA 651 is not F.I.N.D. property and they only have a perpetual easement over it. Further, they indicated that Palm Beach County had expressed an interest in MSA 645 C and D, and surplus lands procedure requires them to offer property to the State first, Counties second, and municipalities third. Additionally, it was indicated that F.I.N.D. established a policy that they will not surplus F.I.N.D. property until the Long Range Dredge Material Management Study is completed, scheduled for September 30, 1991. In April, 1992 I met with David Roach of F.I.N.D., and was advised these parcels will not be needed for soil disposal, but F.I.N.D. was retaining title to the properties to serve as mitigation sites for spoil areas used in future dredge projects. However, Mr. Roach discussed the possibility of the City leasing Parcel MSA 650 from F.I.N.D., but that they were not interested in leasing Parcel MSA 645 C and D. In July of 1993 I was advised by Mr. Roach that the District Board approved the leasing of these properties to the City. Mr. Roach indicated they would be preparing the lease and we should work on the issue of access to MSA 650. There was an 18' easement over private property from Federal Highway to MSA 650, but 18' was too narrow for a two way drive and this was a restrictive note which stated that the easement was for "Emergency and Maintenance Purposes." THE EFFORT ALWAYS MATTERS Recycled Paper In September of 1993 our City Attorney's office contacted Whitehill Developers to modify the access easement to 22' and to change the designation of the easement to "Public Access Easement for Recreation Purposes." This was completed in May, 1995. Delray Harbor Club contacted the City to see if there was some interest in the City moving its access road from the north to the south side of the property. They then proposed to F.I.NoD. a property swap in which Delray Harbor Club traded the property in Tract 3 to F.I.N.D. in exchange for the property in Tract 1 (see attached). Delray Harbor Club wanted to trade in order to expand their parking lot. The property traded did not belong to the Delray Harbor Club, but to Project Strategies Corporation and Steve Ziskin who owns multiple condominiums in Delray Harbor Club. Evidently Mr. Ziskin and Delray Harbor Club came to an agreement among themselves. It is our intention to develop this parcel as a waterfront park including boat ramps, rest rooms, picnic area and parking. Please place this on the March 7, consideration. 2000 agenda for City Commission Dir~tor of Parks and Recreation Attachments cc: Brian Shutt Assistant City Attorney JW:cp Ref:dhlea650 8TH gTH 10TH DELRA Y ST ST. S E 8TH ST WILSON AVE CENTRAL AVE COLLINS AV[NL THE PLAZA AT DELRA Y PLACE CONDOS EXECU~VE QUARTERS -- FLORANDA TRAILER ' PARK S E 12TH RE} HARBOUR C SIDE DOMAINE DELRA Y WOODS BANYAN TREE LANE TREE ~LLAGE OLD HARBOUR PLAZA HARBOURS EDGE AZALEA RD HARSOURS EDGE POINSETTIA RD LINTON BOULEVARD N CITY OF DELRAY BEACH, FL PLANNING &: ZONING DEPARTMENT MSA TRACT 650 -- DIGITAL ~45E ~t4P SYSTEM -- MAP REF LM389 ! TRACT 2 t 7, 507. 36 ! S(~UARE FEET O. 402 ACRES MORE OR LESS~ / ,~. N89' 59' 05' E tO6. t 2' ¢" TRACT 3 4. ,,.oo7 s,u,RE FEE O. [07 ACRES HORE OR LESS ' S89'59'OS'W t66. tO' S89' 59' 59' ii 9t. 55' 76. 05' POINT OF DEGIHHING 5o,JTHE. AGT 60~HF__P-.. OW 'rilE_. I HEREBY CERTIFY T~T THE SKETCH SHOWN HEREON IS DIRECTION. ANO THAT SAID SURVEY IS ACCURATE ANO CORRECT TO THE BEST OF MY KNO~.EDGE ANO BEUEF. THERE AF~E NO APPARENT GROUND ENCROACHMENTS, UNLESS OTHERWISE SHOWN AN[:) THAT THE,~URVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARO OF PROFESSIONAL SURVEYORS AND( MAPPERS. PURSUANT TO SECTION 472 027. CHAPTER 61G17-6 OF THE FLORIDA ADMINISTRATIVE COOE~ / FLORIDA STATUTES AND PROPERTY SHOWN HEREON HAS NOT BEEN ABSTRACTED BY SURVEYO.FI ~R RtGHTS~OF-WAY. ANDtOR EASEMENTS OF RECORD: EL~/A- TIONS SHOWN HEREON ARE BASED ON N O S DATUM UNLES~ OTHERWISE NOTED. ALL PROPERTY CORNERS ARE IRON RD0 WITH CAPS. UNt. ESS OTHEPM/ISE NOTED FOUNOAT~H OF EXISTING ~UI~.OINGS LYING BELOW SURFACE NOT LOCATED. BEARINGS AND/OR ANGLE.~ SHOWN HEREON ARE BASEO ON RECORD PLAT OR DEED CALLS UNLESS OTHERWISE NOTED MEASUREMENTS MADE ~N ACCORDANCE WITH UNITED STATES STANDARD UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISEO SEAL OF A FLORIDA LICENSED SURVEYOR ANO MAPPER THIS DRAWING OR SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALIO LEASE AGREEMENT This LEASE AGREEMENT ("LEASE") is made and entered into this day of 1999, between "the Parties", the Florida Inland Navigation DISTRICT, an independent special district existing under the laws of the State of Florida (the "DISTRICT"), and the CITY OF DELRAY BEACH, a political subdivision of the State of Florida, (the "CITY"). WITNESSETH: WHEREAS, DISTRICT is the owner in fee simple of a parcel of land in the City of Delray Beach, Florida, designated as MSA 650 which may be used by DISTRICT and the United States for the improvement and maintenance of the Intracoastal Waterway from Jacksonville to Miami, Florida, and holds tire subject to an easement by it to the United States of America for such use; and WHEREAS, CITY desires to lease from DISTRICT MSA 650, a description of which is attached hereto as Exhibit A and made a part hereof, for recreation purposes subject to said rights of DISTRICT and the rights and easement of the United States of America and to the terms and conditions of this Lease, and WHEREAS, DISTRICT desires to collaborate with the CITY in the proper development and management of DISTRICT's property, and WHEREAS, DISTRICT is of the opinion that such use by the CITY pursuant to the provisions of this agreement is in the public interest, and WHEREAS, DISTRICT is agreeable that a lease should be executed for a limited term at a nominal rental subject to the terms and conditions stated herein. NOW THEREFORE, in consideration of the promises and mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, it is agreed by the parties hereto: 1. RECITALS: The recitals contained herein above are tree and correct and incorporated herein by reference. 2. LEASE: DISTRICT hereby leases to CITY the property hereinafter known as the "Leased Premises" as described in paragraph 4 below, subject to the terms and conditions set forth herein. 3. PROJECT MANAGEMENET: The Project Manager for the DISTRICT is its Executive Director and all correspondence and communications from the CITY shall be directed to him/her. The Project Manager shall be responsible for overall coordination and oversight on behalf of DISTRICT related to the performance of this lease. 4. DESCRIPTION OF THE PREMISIES: The property which is subject to this lease, is situated in the City of Delray Beach, State of Florida, as described in Exhibit A, attached hereto and made a part of this agreement. 5. EXISTING CONDITIONS: The CITY agrees to accept the Leased Premises in as is condition subject to any existing or future easements and deed restrictions that may be placed on the property by the District or others with District approval. 5. TERM: The term of this LEASE shall be for an initial 30 year period with one (1) option to renew for a twenty-five (25) year extension. Rent shall be one (1) dollar per year and shall be paid in advance. Prepayment of the rent shall not affect in any way the DISTRICT's rights under paragraph 23 below. The initial period shall commence on the date of execution, and continue for a period of 30 years. A second term of 25 years shall automatically commence absent written notice of termination by the DISTRICT at least 90 days prior to the end of the initial tenn. 6. PURPOSE: CITY shall manage the Leased Premises solely to provide public outdoor recreation including boat ramps. 7. QUIET ENJOYMENT AND RIGHT OF USE: CITY shall have the fight of ingress and egress to, from, and upon the Leased Premises for all purposes consistent with paragraph 6 above that do not conflict with the DISTRICT's and the United States of America's Dredge Material Management Program. 8. UNAUTHORIZED USE: prevent the unauthorized use of the conformance with this LEASE. CITY shall, through its agents and employees, Leased Premises or any use thereof not in 9. ASSIGNMENT: This LEASE shall not be assigned in whole or in part without the prior written consent of DISTRICT. Any assignment made either in whole or in part without the prior written consent of DISTRICT shall be void and without legal effect. 10. PLANS: The following plans will guide the development, use and management of the Leased Premises. These plans, if not already developed, will be developed in accordance with the schedule and methodology stipulated below. A. DEVELOPMENT PLAN: The CITY will develop a public boat ramp development plan for the Leased Premises. This plan must be approved by the CITY and the DISTRICT prior to the solicitation for contractors for the development of the CITY public boat ramp. B. CITY PARK MANAGEMENT AND OPERATIONAL PLAN: CITY shall develop and implement, subject to approval by the DISTRICT, an Operational Management Plan (OMP) for the property. The OMP shall provide general background data on the property, contain information on the properties resources, set forth general and specific management goals, objectives and guidelines and outline the specific procedures, funding requirements, staffing levels and management practices necessary for their accomplishment. The OMP shall be submitted by the CITY to the DISTRICT at the same time as the development plan is submitted. The OMP shall be submitted for approval to the DISTRICT'S Board of Commissioners. In the event the parties are not able to come to agreement on the OMP within one hundred eighty (180) days of submittal, or if the public boat ramp is not constructed by CITY within five (5) years of the date of this LEASE, this shall be sufficient cause for either party to terminate the LEASE pursuant to Paragraph 26 below. The Leased Premises shall not be developed or physically altered in any way without the prior written approval of DISTRICT until the OMP is approved. The CITY shall not proceed with development of said Leased Premises until the OMP required herein has been submitted and approved by DISTRICT'S Board. After the CITY public boat ramp has been constructed, the CITY and the DISTRICT will meet at least once annually to review and discuss the management activities authorized by this OMP and to agree to any changes in the OMP and/or additional rules and regulations governing public use of the lands covered by the OMP that may be deemed appropriate. The CITY shall prepare and submit for discussion at the annual meeting a yearly summary report to include: 1. CITY'S management program and activities on the property. 2. Status of visitor use. 3. Review of special problems and concerns encountered over the previous year. The approved OMP shall provide the basic guidance for all management activities and shall be reviewed jointly by DISTRICT and CITY during the annual meeting and updated as necessary. The CITY shall not use or alter the Leased Premises except as provided for in the approved OMP without the prior written approval of DISTRICT. 11. EASEMENTS: All easements to be granted by CITY including, but not limited to, utility easements are expressly prohibited without the prior written approval of DISTRICT. Any easement not approved in writing by DISTRICT shall be void and without legal effect. 12. SUBLEASES: This LEASE is for the purposes specified herein, and subleases of any nature are prohibited without the prior written approval of DISTRICT. Any sublease not approved in writing by DISTRICT shall be void and without legal effect. 13. RIGHT OF INSPECTION: DISTRICT or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the Leased Premises and the works and operations of CITY in any matter pertaining to this LEASE. 14. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All structures, improvements and signs associated with the pathway shall be constructed at the expense of CITY and/or DISTRICT in accordance with a master plan approved by the DISTRICT and attached to and made part of the OMP. Further, no trees, other than non-native species, shall be removed or major land alterations done without the prior written approval of DISTRICT. Removable equipment and removable improvements placed on the Leased Premises by CITY which do not become a permanent part of the Leased Premises will remain the property of CITY and may be removed by CITY upon termination of this LEASE, pursuant to Paragraph 26 below. 15. INDEMNITY BY CITY: To the extent permitted by Florida law, CITY hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, and hold and save harmless the DISTRICT from any and all claims, bodily injury, personal injury, property injury, actions, lawsuits and demands of any kind or nature arising out of or related to this LEASE or the CITY's use of the Leased Premises. Nothing contained herein shall be construed as a waiver of sovereign immunity enjoyed by the parties hereto, as provided in §768.28, F.S., as amended, or any other law providing limitations on claims. Further, nothing herein shall be conslxued as a waiver of the limitations on liability enjoyed by a landowner providing land to the public for outdoor recreational purposes, provided in §375.251, F.S. 16. INSURANCE: In consideration for the privilege herein granted, CITY shall not claim any damages fxom the DISTRICT in connection with or on account of, and as between the parties shall be solely responsible for, any injuries or damages arising in or on the Leased Premises while being used by CITY and its agents, representatives, invitees and employees. CITY shall maintain a program of insurance covering its liabilities as prescribed by Section 768.28, Florida Statutes, and shall be responsible for the acts and omission of its officers, employees, representatives and agents in the event that such acts or omissions result in injury to persons or damage to property. The DISTRICT does not warrant or represent that the Lease Premises are safe or suitable for the purpose for which CITY is permitted to use it, and CITY assumes all risks in its use. 17. PAYMENT OF TAXES AND ASSESSMENTS: CITY shall assume full responsibility for and shall pay all liabilities that accrue to the Leased Premises and/or to the improvements thereon, including any and all ad-valorem taxes and drainage and special assessments or taxes of every kind and all construction liens which may be hereafter lawfully assessed and levied against the Leased Premises. 18. NO WAIVER OF BREACH: The failure of DISTRICT to insist in any or more instances upon strict performance of any one or more of the convenants, terms and conditions of this LEASE shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of DISTRICT of any of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing and signed by DISTRICT. 19. NON-DISCRIMINATION: CITY shall assure and certify that it will comply with Title IV of the Civil Rights ACT of 1964 (PL 88-352) as amended and, in accordance with that Act, shall not discriminate against any individual's race, color, creed, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the Leased Premises or upon lands adjacent to and used as an adjunct of the Leased Premises. 20. UTILITY FEES: CITY shall be responsible for payment of all charges for the furnishing of gas, electricity, water and other public utilities to the Leased Premises and for having the utilities turned off when the Leased Premises are surrendered. 21. COMPLIANCE WITH LAWS: CITY agrees that this LEASE is contingent upon and subject to CITY obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules and laws of the State of Florida or the United States or of any political subdivision or agency of either. 22. NOTICE: all notices given under this LEASE shall be in writing and shall be served by certified mail to the last address of the party to whom notice is to be given, as designated by such party in writing. DISTRICT and CITY hereby designate their address as follows: TO DISTRICT: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attn: Executive Director TO CITY: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Attn: City Manager 23. BREACH OF COVENANTS, TERMS OR CONDITIONS: Should CITY breach any of the convenants, terms, or conditions of this LEASE, DISTRICT shall give written notice to CITY to remedy such breach within thirty (30) days of such notice. In the event CITY fails to remedy the breach to the satisfaction of DISTRICT within thirty (30) days of receipt of written notice, DISTRICT may either terminate this LEASE and recover from CITY all damages DISTRICT may incur by reason of the breach including, but not limited to, the cost of recovering the Leased Premises and attorney's fees; or maintain this LEASE in full force and effect and exercise all rights and remedies herein conferred upon DISTRICT. Should DISTRICT breach any of the convenants, tel-ms, or conditions of this LEASE, CITY shall give written notice to DISTRICT to remedy such breach within thirty (30) days of such notice. In the event DISTRICT fails to remedy the breach to the satisfaction of CITY within thirty (30) days of receipt of written notice, CITY may terminate this LEASE. 24. DAMAGE TO THE PREMISES: CITY agrees that it will not do, or cause to be done, in, on, or upon the Leased Premises or as affecting said Leased Premises, any act which may result in damage or depreciation of value to the Leased Premises, or any part thereof. 25. HAZARDOUS MATERIALS: CITY agrees that, during the term of this lease, it: A. Shall keep or cause the Leased Premises to be kept free of hazardous wastes or substances except those permitted to be utilized in the normal operation of a park, which substances shall be used only as permitted by law. In no event shall the CITY store or mix any such substances on the Leased Premises. B. Shall not cause or permit, as a result of any intentional or unintentional act or omission on the part of CITY or any assignees, a release of hazardous wastes or substances onto the Leased Premises. C. Shall comply with and ensure compliance by its employees and all others under its direction with all applicable federal, state, and local laws, ordinances, rules, and regulations. D. The terms "hazardous waste", "hazardous substance", "disposal", "release", and "threatened release", if used in this lease, shall have the same meaning as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. (CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and recovery Act, 49 U.S.C. section 6901 et seq., the Florida Resource and Management 8 Act, Chapter 403, Florida Statutes, the Pollution, Spill, Prevention, and Control Act, Chapter 376, Florida Statutes, or any other applicable state or federal laws, rules, or regulations adopted pursuant to any of the foregoing. E. Shall immediately provide DISTRICT with notice of any release or threatened release of hazardous waste within the Leased Premises. And shall immediately provide DISTRICT with notice of any injury or action taken by any local, state, or federal governmental body with respect to hazardous waste within the Leased Premises. F. Shall remove any hazardous waste or hazardous substances which exceed allowable levels in the ground or the groundwater within the Leased Premises. 26. SURRENDER OF PREMISES.' Upon termination or expiration of this LEASE, CITY, shall surrender the Leased Premises to DISTRICT. In the event no further use of the Leased Premises or any part thereof is needed, CITY shall give written notification to the DISTRICT at least six (6) months prior to the release of any of all of the Leased Premises. Notification shall include a legal description, this LEASE number, and explanation of the release. The release shall only be valid if approved by DISTRICT through the execution of a release of lease ins~nents with the same formality as this LEASE. Upon termination or expiration of this LEASE, all structures permanently affixed to the land and all improvements made will become the property of the DISTRICT, provided, however, that if any structures are such, in the DISTRICT'S determination, that they can be moved without harm to the area where situated then the CITY may, within thirty (30) days following termination of the lease, remove the same. Upon final termination, the property must be left in essentially the same condition as when it was first leased to the CITY, save for ordinary wear and tear, unless otherwise approved in writing by the DISTRICT. 27. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the Leased Premises is held by DISTRICT. CITY shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the Leased Premises including, but not limited to, mortgages or construction liens against the Leased Premises or against any interest of DISTRICT therein. 28. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this LEASE shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 29. DUPLICATE ORIGINALS: This LEASE is executed in duplicate originals, each of which shall be considered an original for all purposes. 30. ENTIRE UNDERSTANDING: This LEASE sets forth the entire understanding between the Parties and shall only be amended with the prior written approval of the Parties. 31. MAINTENANCE OF IMPROVEMENTS: CITY shall be solely responsible for and shall maintain the real property contained within the Leased Premises and the improvements located thereon in a state of good condition, working order and repair including, but not limited to, keeping the Leased Premises f~ee of trash or litter, meeting all building and safety codes in the location situated, and maintaining the planned improvements as set forth in the OMP. As may be mutually agreed to by the Parties, any removal, closure, etc., of the above improvements shall be acceptable when the proposed activity is consistent with the goals of conservation, protection, and enhancement of the natural and historical resources within the Leased Premises and with the approved OMP. Maintenance of any and all existing dredge material management structures is reserved to the DISTRICT. 32. GOVERNING LAW: This LEASE shall be governed by and interpreted according to the laws of the State of Florida. 33. SECTION CAPTIONS: Articles, subsection and other captioned contained in this LEASE are for reference purposes only and are in no way intended to describe, interpret, defme or limit the scope or extent of intent of this LEASE or any provisions thereof. lO 34. this LEASE: A. SPECIAL CONDITIONS: The following special conditions shall apply to CITY shall ensure that the area is identified as being publicly owned and operated as a public outdoor recreational facility in all signs, literature and advertising. CITY shall erect signs identifying the Leased Premises as being open to the public, as a DISTRICT - assisted project and as a DISTRICT property. All such signs are subject to the District's approval which shall not be unreasonably withheld; and B. The CITY agrees to install and maintain all required entrance and informational signage for its management activities; and C. The CITY shall not in any way restrict access of the DISTRICT and/or the United States of America to the property as needed during use of the property for dredge material management, as the parties recognize that such use is to be the paramount use of the Leased Premises. D. The CITY shall comply with any public access restrictions required by the DISTRICT and/or the United States of America during the use of the property for dredge material management. 35. VENUE/ATTORNEY'S FEES: In the event of any litigation arising out of or resulting from this LEASE, the venue of such litigation shall be had only in the state courts in Palm Beach County, Florida. The prevailing party in such litigation shall be entitled to its costs and reasonable attorney's fees (at trail, appellate, and post-judgement proceeding levels). [left intentionally blank] 1! IN WITNESS WHEREOF, the parties have caused this LEASE to be executed on the day and year first written above. CITY: ATTEST: CITY COUNCIL BY: BY: .(SEAL) City Clerk Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: City Attorney DISTRICT: LEGAL FORM APPROVED DISTRICT COUNSEL BOARD OF COMMISSIONERS THE FLORIDA INLAND NAVIGATION DISTRICT OF BY BY: DATE: BY: Chairman (SEAL) ATTEST: Secretary 12 Exhibit A MSA 650 Lot 27 and that portion of LoL II, Dlock 2, of Nodal Land Company's subdivision of Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, according to plat recorded ill Plat Book l, Page 128, of tile public records of said Palm Beach Cou,%ty, lying west of tile Westerly right of way line of tile Intracoastal Waterway from Jacksonville to Miami, Florida, as that rxght of way line is shown on the plat rscorded ill Plat Book 17, at Page 17-B, of tile public records of said Palm Beacll County, and more particularly described as follows: Commence at the Southwest corner of said Section 21 for a point of reference; From said point of reference run along tile South line of said Section 21, North 89"49'09" East, a distance of 2414.37 feet to an intersection with tile Westerly right of way lille of tile Intracoastal Waterway aforementioned; thence along said Westerly right of way line, North 01"22'42" East, a distance of 1660.20 feet to an intersection with the South line of aforementioned Lot 11, said point being marked by a concrete monument with a brass cap therein, stamped "U.S. Right of Way", tile same being tile point of beginning for the tract herein described; From said point of beginning run thence along the South line of aforementioned Lots 11 and 27, South 89"51'37" West, a distance of 536.58 feet to an intersection with the accepted West line of said Lot 27; Thence along said accepted West lille of Lot 27, North 00"34'00" East, a distance of 332.02 feet to au intersection with the North line of said Lot 27; Thence along the North line of Lots 27 ahd 11, North 89"52'07" East, a distance of 537.75 feet to an intersection with the Westerly right of way line of said Intracoastal Waterway; Thence along said Westerly rigllt of way line, South 00"46'07" West, a distance of 331.96 feet to tile point of beginning hereinabove mentioned. Containing 4.09 acres, more or less. Less A parcel of land being a portion of Lot 27, Block 2, of the "Model Land Companys Subdivision" in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described aa follows: Begin at the Northeast corner of the Plat of 'q'he Cornlche", as recorded In Plat Book 53, at Page 28, Public Records of Palm Beach County, Florida (said point also being the Northwest corner of sald Lot 27, Block 2) and run thence South 00 degrees 19' 46" West along the East line of the said Plat of "The Cornlche', a distance of 122.84 feet; lhence North 32 degrees 00' 05" East, a distance of 144.85 feet; South 59 degrees 59' 58" West, along the Norlh line of said Lot 27, Block 2, a distance of 76.05 feet lo the Point of 8eglnnlng. Containing In all 4874.007 square feet or 0.107 acres, more or less. Subject to easements, restrictions° reservations and rights-of-way of record. Plus A portion of the Plat of The Cornlche, according to the Plat thereof ss recorded In Plat Book 53, at Page 28, of Public Records of Pahn Beach County, Florida, being more particularly described as follows: Begin at the Southeast corner of said Plat and run Ihence South 89 degrees 59' 05" West, along the South line of said Plat a distance of 166.10 feet; thence North 32 degrees 00' 05" East, along the East right-of-way line of Federal Highway - U.S. Highway No. I (State Road No. 5) a distance of 73.42 I'eet; thence South 29 degrees 80' 25" East, a distance of 43.73 feet; tllence North 89 degrees 59' 05" East, a dlslance o! 106.12 feet; thence South 00 degrees 19' 48" West, along the East line of said Plsl a distance of 24.00 feet; to the Point of Beginning. Containing in all 4671.007 square feet or 0.107 acres, more or less. Subject to easements, restrictions, reservations and rights-of-way of record. Th~ Foregoing property now being described as= Tract 3 of th~ Plat of th~ "Corniche Replat" according to the Plat thereof r~oorded in Plat Book 76, Page 97, of the public reco~s of Palm Beach County, Florida. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal Krejcarek, P.E., City Engineer 11 February 2000 Interlocal Agreement with Palm Beach County Sharing of Geographical Data Commission Agenda Item 07 Mar 2000 Agenda The attached agenda item is for Commission approval/authorization for Mayor to execute Interlocal Agreement with Palm Beach County for the sharing of geographical and land information. We have been working closely with the County to develop a mechanism to share geographic data that is already utilized by both governmental bodies. Examples of data to be shared include: road centerlines, cadastral (tax) map data, planimetric, and infrastructure data. The attached agreement is in draft form. The City Attorney has reviewed and approved this draft. There is no payment to the County, or to the City, associated with this agreement. Please place this item on the 07 March 2000 Commission Agenda. enc cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director S. ~EngA dmmtG l StagendamernoO3-O 7-OO. doc ~. H . Agenda Item No. 3'. ~. Request to be placed on: AGENDA REQUEST Date: 11-Feb-00 X Regular Agenda Special Agenda Workshop Agenda VVhen: 07-Mar-00 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Interlocal Agreement with Palm Beach County for the sharing of geographical and land information. There is no cost to the City. The attached agreement is in draft form. The City Attorney has reviewed and approved this draft. ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT A'i-I'ACHED YES/NO Recommendation: Staff recom~,~ds~al/aul~ori~t~n.~ Department head signature ~,.._~-~_.'_.'_.'_.'_.'_~~ . t'-~ 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 NIA Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: (if applicable) ~NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Ag520.doc SF_NT BY: 2- 9- 0 ; 11:34 ; PALM BCH COUNTY I$S-~ 561 243 7314;# 2/ 8 INTERLOCAL AGREEMENT BETWEI*.N THE MUNICIPALITY OF AND PALM BEACH COUNTY This Agreement is entered on ............... 2000, between "the parric~%" the Municipality Of _ ("thc Multicipality") and Palm Beach County (thc "County"). The Municipai~t~ and the County am referred to collectively as "the Parties". WITNESSETH THAT: WHEREAS, the Parties are authorized to enter into this Agreement pursuant to Section 163.01, Florida Statutes, as amended which permits local governmental units to make the most ellicient use of their powers by enabling them to cooperate with other localities on a basis o1' mutual advantage, and WHEREAS, the Parties executing the Agreement dc. sire to share thc benefits or exchanging geographic and land information in order to have thc most up-to-date and accurate intbrmation, WHEREAS, thc pm'pose of this Ag~r, ement is to provide a mechanism to share geographic and laud information on an ongoing basis, WHEREAS, Parties will develop procedure.~ for the exchange of geographic and land /ntbrmatinn in an el'¥icicnt and timely manner, NOW THEREFORE, the Parties, in consideration of the mutual benefi[q flowing l¥om each to the other do lhereby agree as follows: ARTICLE 1 -STATEMENT OF AGREEMENT l.t The County GIS Service Bureau will provide County copyrighted and licensed geographic data to Iht City as provided for in Countywide PPM CW-R-007 Geographic Infommtion Maintonancc, Management and Dissemination. The Municipality cnterz into this Agreement to initiate the exchange of updated geographic and land information outlined in Exhibit A with the County on an ongoing basis. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on date of execution and remain active for a period o£ live years l¥om the date shown above, unless tcrmina~d earlier under Article 6. SENT BY: 2- 9- 0 ; 11:35 ; PALM BCH COUNTY ISS- 561 243 7314;# 3/ 8 ARTICLE 3 - SIIARING AND OWNERSHIP 3.1 Each Party shall be responsible for modificafiora; or alterations required at its location for sharing and utilization of geographic and land information. 3.2 Each Party shall provide and maintain in its geographic and lmld h~lbrmation system environment the information specified in this Agreement under Exhibit A. Said information shall be mainlained in the manner {including l'ormat, accuracy, symbology, and timeliness) also specified in Exhibit A and enhanced as mutually agreed upon. in some cases, this will require modification to current practices. In such cases, each Party will bear the cosl of required modifications to its respective environment. Such inl'ormation shall be accessible to both Parties, subject to access and security p~'ocedures, license agreemen~, and Federal, State and local law. 3.3 The Municipality agrees to abide by standards set forth by the County in Exhibit A to: Satisfy statutory tequiremcnk~ Ensure compatibility of information Improve productivity in applications development Simplify procedures for end users. Create greater efficiency in information sharing 3.4 The County will provkle a Countywide Ccntcrline l~le to the Municipality. The Municipality agrees to initiate a plan to verily, and enhance the Countywide Centerline file within its jurisdiction and provide a copy of such enhancements back to the County. ARTICLE 4 - PROJECT MANAGEMENT/NOTICE 4.1 Until otherwise notified in writing, the Project Manager for the Municipality is , Town/Village/City of , at , , Florida 33 at telephone (561) - The Project Manager l'or the Cotmty is Kelly Ratchinsky, Palm Beach County, Information Systems Services, OIS Services, at 301 N. Olive Avenue, West Palm Beach, FL 33401, telephone (561) 355-4275. The Parties shall direct all matters arising in connection with thc performance of this Agreement, to the attention ot~ the Project Managers for resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the pert'ormance of this Agreement. 4.2 All notices, demands, or other communications to the Parties under this Agreement shah be in writing and shall be deemed received il' sent by certified mail, return receipt requested, to: (Fill in) SENT BY: 2- '3- 0 ; 11:36 ; PALM BCH COUNTY ISS~ ~561 245 7314;# 4/ 8 Palm Beach County, Information Systems Services GIS Service Bureau Attention: Countywide GIS Coordinator 301 N. Olive Avenue, 4111 Floor West Palm Beach, FL 33401 Copies to: Palm Beach County Attorney's Office 301 N. Olive Avenue, 6th Floor West Palm Beach, FL 334(} I The Parties agree to pn.)vide a copy of .all such notices under this Agreement to each Project Manager. All notices required by this Agreement shall be considered delivered upon receipt. Should either party change its address for notifications, written notice of such new address shall promptly be sent to the other party. ARTICLE $ - INDEMNIFICATION & INSURANCE 5.1 Thc Parties assume any and.all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the Parties and the officers, employees, servants, and agents thereof. Each of Ihe Parties, as a local government agency, warrants and repiv, sents that it is self funded for liability insurance, or ha~g liability insurance, both public and property, with such protection being applicable to the Parties by their ofl'icers, employee,% servants and agents while acting within the scope of their employment with the Parties. The Pm~ies further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any t~medy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agent,~ and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Starmes. ARTICLE 6- 'rElATION/SUSPENSION 6.1 This Agreement may be t~rminated by written notice of either Party to thc other, to be effective twelve (12) months after receipt. However, termination shall be carefully considered duc to thc potential cost and disruption of oImrations to each of the Particle. 6.2 Data sharing may be suspended for failure to adopt County standards or for the adoption of policies or engagement in activities which adversely affect the sharing or maintenance of said information. Notice or' proposed suspension shah be delivered to the other Party at least five (5) working days prior to suspension. The notice shall state the reasons for the proposed suspension and suggest corl~ctive actions and a thn¢ fi'amc within which these corrective actions may be taken to avoid su,~pcnsion. Su,~pcnd'cd access to shared information shall be restored as soon as reasonably possible following sufficient corrective a~tion has been taken. SENT BY: 2- 8- 0 ; 11:37 ; PALM BCH COUNTY ISS~ 561 248 7314;# 5/ 8 6.3 Each Party may enact an emergency suspension of data sharing. The GIS Coordinator shall declare an emergency suspension and iempor~ily, but immediately, suspend or reduce access to information for just cause. Reasons for emergency suspension h~clude, without limitation, equipment failure; unauthorizccl geographic information access; high potential for sabotage; Failure to adopt and enforce standards; and adoption of policies or engagement of activities which otherwise adversely affect the operation, security or maintenance of the geographic information. The GIS Coordinator shall notify the County GIS Policy Advisory Committee, and the other affected Party immediately of any emergency suspension. The notice shall stale the reas~ms l't~r the emergency suspension and suggest corrective actions and a time frame within which these correction actions may be taken to safely allow restoration of access to geographic information. If the GIS Coordinator is confident that actions have adequately corrected the situation, acce~ to information shall be re. stored. ARTICLE 7 - STANDARDS OF COMPLIANCE 7.1 The Parties, theh' employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulation relating to the performance of this Agreement. 7.2 The laws of the State of Florida shall govern all a.qpects of this Agreement. In the event it is necessary for any party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit Court. 7.3 The Parties shall allow public access to 'all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should any Party assert any exemptions to the requirements of Chapter 119 and related Statute, s, the burden of establishing ,such exemption, by way o1' injunctive or other relief as providext by law, shall be upon the asserting party. 7.4 The Parties hereby assure that m, person shall he excluded on the grounds of race, color, creed, national origin, handicap, age, sex or sexual orientation, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this Agreement. Thc Parties shall 'take all mea.qures necessary to effectuate these assurances. ARTICLE 8 - GENERAL PROVISIONS 8.1 Each party shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the Parties. Any attempted assigimaent in violation of this provision shall be void. 8.2 Notwithstanding any provisioas of this Agreement to the contrary, the Parties shall not be held liable for any failur~ or any delay in thc tx:rformance of this Agreement that arises from fires, floods, strikes, embargoes, act of the public enemy, unusually severe weather, outbreak of war, restraint of Government, dots, civil commotion, force majeure, ac.ts of God, or for any SENT BY: 2- 3- 0 ; 11:38 ; PAI_~ BCH COUNTY ISS-~ Sill 243 7314;# fi/ 8 other cause of the same character which is unavoidable through the exercise of duc care and beyond the control of the Parties. Failure to perform shall be excused during the continuance and re,storativc aftcrmath pcriod of such cimumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Agreement specifies that performance by the Parties is specifically required during the occurrence of any of thc events hercia mentioned. 8.3 In the event any provisions of this Agreement shall conflict, or appear to conllict, the Agreement included all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 8.4 Failurex~ or waivers to insist on strict performance of any covenant, condition, or provision oi' this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from pertbrming ,any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically ret'erreal to there'in and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 8.5 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entily or circ~.artstancc during the term hereof, by force of any statute law or ruling of any forum of competent jurLqdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that thc Agreement shall remain operable, enforceable and in tull force and ell'eat to the extent permitted by law. fl.6 This Agreement may be amended only with the written approval of thc Parties hereto. 8.7 This Agreement state.q thc cntirc m~derstanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations, or Agreements p~z~vioualy existing between the Parties with re, peet to the subject matter el' this Agreement. The Parties recognize that any representations, statements or negotiations made by the Partie~' staff do not suffice to legally bind the Parties in a contractual relationship unless they have been reduced to writing and signed by the Parties' representative& This Agreement shall insure to the benefit of and shall be binding upon the Parties, their respective assigns, and succe,~sors in interest. `SENT BY: 2- ':3- 0 ; 11:39 ; PALM BCH COUNTY IS,S--, 561 243 7314;# 7/ 8 IN Witne~ss WHEREOF. the Parties or their duly authorized representatives hereby execute this Agreement on the dam first writu~n above. APPROVED AS FORM AND LEGAl. SUFFICIENCY Town/City/Village of By: of Counsel Datc: TOWN/CITY/VILLAGE OF BY ITS MAYOR BY: Title: , Mayor ATTEST: , City Clerk ATTEST: DOROTHY H. WILKEN, Clerk By: Deputy Clerk APPROVED AS TO FORM AND LBOAL SUFI-ICIE~ICY PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS By:.__ Chair Comny A~,rney SENT BY: 2- 9- 0 ; 11:40 ; PALM BCH COUNTY ISS+ 561 248 7314;# 8/ 8 EXHIBIT A Geographic data requested i¥om the Municipality includes but is not limited to: - Situs Address W/Parcel Control Number - Address Range/Centerline Corrections & Updates (with metadata) - Capture/updates of Planimetric Map Layers - County Maintained Roads within jurisdiction (for verification purposes) - Hydrants - Park Locations - Vegetation Information - Preserves - Existing Land Use - Zoning - Critical Facilities - New Plats (digital) - Hazardous Materi'a]s - Water Service Boundaries The data to be provided by the County subject to Countywide PPM CW-R-007 includes: - Centerlme File - Parcel Graphics and Database (based on current Tax Roi1) - Digital Ortho Photography (with available mctadata) Mechanisms and ~chedules for exchange of data will be de~ided by thc Project Managers upon execution of thin Agreement, incorporating the most efficient vehicle and format possible. SpeaiIic slandards issuc.q which shall be addresses include, but are not limited to: Geocoding/addressing standards (e.g. street name.q and addresses) Inlbrmation quality control objectives and methods Information sources and lineages Positional accuracy/precision of map content and sources Information category conventions Information completeness and update cycles Common ba,sc map component rcqtdrctncnt,s are ms documented and disseminated in data provided by the County, including input scales, legends, symbols and annotation, cartographic generalb'alfion and database editing and quality control, Attached hereto is the Countywide PPM CW-R-007 Geographic Information Maintenance, Management, and Dissemination. Documents to be provided upon execution: Countywide Standard for Address Records in Electronic Databases CW-O-047, Metadata Capture Format and Countywide Standard Naming Convention for Layers, Features, Structure, Etc. February 4. 2000 S~NT BY:. 2- 9- 0 ,' 11:34 ; PALM BCH COUNTY ISS~ 561 243 7314;# 1/ 8 PALM BEACH COUNTY COUNTYWIDE GIS COORDINATION 301 North OhveAvenue We~tP~mBeach, Flofida 33401 ~61) 355-4275 (561) 355~482FAX fax Location: Phone #: Fax #: From: # of Pages: (Including Cover Page) NOTES: [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH AII.Amedca City 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Du-~ct Line: 561/243-7091 February 25, 2000 City Commission Brian Shutt, Assistam City Attorney SUBJECT: Hold Harmless Agreement with Mr. & Mrs. Espinoza Mr. and Mrs. Espinoza wish to construct a fence within the public right-of-way for security purposes. In order to protect the City in the event City maintenance of the utilities within the easement causes damage to the fence, the City requested the property owners to execute the attached hold harmless agreement. The property owners agree to indemnify the City from any suits or claims relating to the maintenance of the public right-of-way, and to repair the fence at their own cost. Our office recommends approval of this agreemem. Please call if you have any questions. Attachment CC: David Harden, City Manager Alison MacGregor Harty, City Clerk Dan Beatty, Dep. Dir. Public Utilities HOLD HARMLESS AGREEMENT FOR STRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, , 200_ by and between the CITY municipal corporation (hereinafter referred to as "City") and GUILLERMINA ESPINOZA, (hereinafter referred to as "Owners"). WITNESSETH: WHEREAS, OWNERS own property described and shown on Exhibit "A", and has requested the CITY to allow for the installation of a'fence within the public right-of-way. The fence will extend approximately twenty-five (25') feet into the public right-of-way and is more particularly described in Exhibit "A"; and, WHEREAS, CITY maintains a water main within the public right-of-way; and, WHEREAS, OWNERS agree to hold the CITY harmless for any damage which might be caused to the OWNERS' fence installed within the public right-of-way as a result of maintenance of the water main within the public right-of-way; and, WHEREAS, OWNERS agree to remove 'the fence within twenty (20) days of receiving notice from the CITY requesting such ~emoval. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNERS own the property which is legally described as follows: See Exhibit "A" attached hereto. is entered into this day of OF DELRAY BEACH, a Florida ELISANDRO and Exhibit "A". 4. That CITY maintains a water main within the public right-of-way as shown on OWNERS shall construct the fence in the location as generally shown by the dashed line on Exhibit "A". However, in no event shall that portion of the fence running east/west be constructed any closer than five (5) feet in proximity to the CITY'S water main that is located in the public right-of-way. 5. OWNERS, on behalf of themselves, their successors, heirs, and assigns, acknowledge that the CITY shall assume no responsibility for the fence which is being placed within the public right-of-way. 6. OWNERS, their successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to hold harmless the CITY, its agents, officers, employees and servants from any damage to the fence and other related improvements which will be placed within the public right-of-way. It is understood that any cost for replacement of the fence and other related improvements shall be OWNERS', their successors', heirs' and assigns' responsibility and CITY will not be held liable for any damage as a part of the maintenance or construction within the said public right-of-way. 7. The CITY or its agent, contractor or representative shall be allowed to access the fenced portion of the public right-of-way at any time. 8. OWNERS shall remove the fence from the public right-of-way within twenty (20) days of receiving notice from the CITY requesting removal. The CITY may request removal of the fence for any reason and in its sole discretion. 9. OWNERS, their successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, further agree to hold 2 harmless, defend, or reimburse the CITY, for any damage that is caused to the CITY'S utilities or public right-of-way as a result of the construction, maintenance or existence of the fence located in the public right-of-way. 10. The OWNERS' placement of a fence in the public right-of-way shall not in any way be construed as a constructive abandonment by the CITY. This agreement shall not be valid unless signed by the City's Mayor and City 11. Clerk. 12. This agreement constitutes the entire agreement between CITY and OWNERS and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: Print Name: Print Name: CITY OF DELRAY BEACH, FLORIDA By: Mayor OWNERS: By: Elisandro N. Espinoza By: Guillermina A. Espinoza STATE OF COUNTY OF The foregoing , 200__, by acknowledging). instrument was acknowledged before me this day of (name of person Signature of Notary Public - State of Florida Prim, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: 4 t ,~' .c".,v ~ GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 DELRAY BEACH, FLORIDA 33444 KXH~.B~.T NOTE: k. UNLESS IT BEA~S THE SIGNATUILE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR ANDMAPPERo THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY A~qD IS NOT VALID. LEGAL DESCRIPTION: LOT 16, LESS THE EAST 337.52 feet, ESQUIILE SUBDIVISION, A SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 43, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATION: I HEREBY CERTIFY THIS SKETCH AS SHOWN HEREON ILEPRESENTS A SURVEY MADE UNDER MY DIRECTION AND TO BE TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD A/qD MEETS THE MINIMUM TECHNICAL STA~AP. DS OF RULE 61G17-6 OF THE FLORIDA ADMINISTRATIVE CODE. L.B. NO. 2322 DATE OF SURVEY: SEFT. 25, 1998 GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 DELRAY BEACH. FLORIDA 33444 [lTV JIF DELI:II:IV BEI:I[H CITY ATTORNEY'S OFFICE Ail.America City 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wnter's Direct Line: 561/243-7091 February 25, 2000 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Hold Harmless Agreement with Miguel Zabala Mr. Zabala wishes to construct a fence within the public right-of-way for security purposes. In order to protect the City in the event City maintenance of the utilities within the easement causes damage to the fence, the City requested the property owner to execute the attached hold harmless agreement. The property owner agrees to indemnify the City from any suits or claims relating to the maintenance of the public right-of-way, and to repair the fence at his own cost. Our office recommends approval of this agreement. Please call if you have any questions. Attachment CC: David Harden, City Manager Alison MacGregor Harty, City Clerk Dan Beatty, Dep. Dir. Public Utilities HOLD HARMLESS AGREEMENT FOR STRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this day of , 200_ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City") and MIGUEL A. ZABALA, (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, OWNER owns property described and shown on Exhibit "A", and has requested the CITY to allow for the installation of a fence within the public right-of-way. The fence will extend approximately twenty-five (25') feet into the public right-of-way and is more particularly described in Exhibit "A'; and, WHEREAS, CITY maintains a water main within the public right-of-way; and, WHEREAS, OWNER agrees to hold the CITY harmless for any damage which might be caused to the OWNER'S fence installed within thc public right-of-way as a result of maintenance of the water main within the public right-of-way; and, WHEREAS, OWNER agrees to remove the fence within twenty (20) days of receiving notice from the CITY requiting such removal. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incoi~orated herein. 2. OWNER owns the property which is'l~gally described as follows: See Exhibit "A" attached hereto. Exhibit "A". 4. That CITY maintains a water main within the public right-of-way as shown on OWNER shall construct the fence in the location as generally shown by the dashed line on Exhibit "A". However, in no event shall that portion of the fence running east/west be constructed any closer than five (5) feet in proximity to the CITY'S water main that is located in the public right-of-way. 5. OWNER, on behalf of himself, his successors, heirs, and assigns, acknowledge that the CITY shall assume no responsibility for the fence which is being placed within the public right-of-way. 6. OWNER, his successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and {~aluable consideration, agree to hold harmless the CITY, its agents, officers, employees and servants from any damage to the fence and other related improvements which will be placed within the public right-of-way. It is understood that any cost for replacement of the fence and other related improvements shall be OWNER'S, his successors', heirs' and assigns' responsibility and CITY will not be held liable for any damage as a part of the maintenance or construction within the said public right-of-way. 7. The CITY o~ its agent, contractor or representative shall be allowed to access the fenced portion of the public right-of-way at any time. 8. OWNER shall remove the fence 'from the public right-of-way within twenty (20) days of receiving notice from the CITY requesting removal. The CITY may request removal of the fence for any reason and in its sole discretion. 9. OWNER, his successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, further agree to hold 2 harmless, defend, or reimburse the CITY, for any damage that is caused to the CITY'S utilities or public right-of-way as a result of the construction, maintenance or existence of the fence located in the public right-of-way. 10. The OWNER'S placement of a fence in the public right-of-way shall not in any way be construed as a constructive abandonment by the CITY. 11. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. 12. This agreement constitutes the entire agreement between CITY and OWNER and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formaiities as this agreement. IN W/TNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney WITNESSES: Print Name: CITY OF DELRAY BEACH, FLORIDA By: Mayor OWNER: By: Miguel A. Zabala Print Name: 3 STATE OF COUNTY OF The foregoing ,200 , by acknowledging). instrument was acknowledged before me this day of (name of person Signature of Notary Public - State of Florida Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: 4 j/ L- (P. 8 ], Pc~. INOTE5: h TI.4~S SURVEY /'I~.-'=-T~ ,'%kS c. u :'.".~ ;-I,6.,/ Lesal Description:See sheet 2 of 2 ~ / TO: Councry~ide Home Loans,Inc. '! '' '~£~ 8ucceo~oTs~a~d:o~ assigns, Hisuel A. Zabala, [uben H. Alvarez, CERTIFICATION: Sun TiCl9 and Ab.scracC Co.,,and Commonwealth Land Ti£le Insurance Co. I hereby certify chis sketch as shown hereon represents a survey made under my direction and to be true and accurate to the best of my knowledge and belief, subject to easements/and ri§ht-~f-ways of record. [Re~ggS.~tered Florida Land Surv~or Sheer 1 of 2 Ro. 2580 GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 DELRAY BEACH, FLORIDA 33444 UPDATE SUAVE'"/: NOV, u?~4"r'~: ,Su.C¢cy ; ~'~ 11, Update Survey: April 28, 1998 EXHIBIT "A" LEGAL DESCRIPTION: The north 100.00 feet of the east one-half of the west one-half of Lot ]0, lying east of Wallace Drive ( Ge~aantown Road ), Subdivision of Section 20, Township 46 South, Range 43 East, as recorded in Plac Book 10 Page 4, in ~he public records of Palm Beach County, Florida, less the northerly 25.00 feec for road Right-Of-Way ( SW L[th Street ), as recorded in Official Deed Book 1153, Page 127, in the public records of Palm Beach County, Florida, and more particularly described as follows; Co~mencing ac a point on the north line of said Loc 30 and the easterly right- of-way line of Wallace Drive ( Garmento~ra Road ), said point being 240.04 feec from the northeast corner of said east one-half, of the west one-half of Lot 30 as measured along the north line of said Lot 30; thence run S 22°25'10" W, along the easterly right-of-way line of said Wallace Drive ( Germancown Road ), 27.42 feet to the point of beginning; thence run N 88'11'57" E, 225.79 feec to a point on the westerly right-of-~ay line of SW 10th Avenue; thence run S 0'13' Ol" E, along the westerly right-of-way line of SW loch Avenue, 66.22 /eec; thence run S 88'11'57" W, 253.73 feet to a point on the easterly right-of-ray line of Wallace Drive ( Germancown Road ); thence run N 22°25'10'' E, along the easterly right-of-way line of Wallace Drive { Germantovn Road ), 72.58 feec to the point of beginning. GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 I ' DELRAY BEACH,. FLORIDA 33444 (561) 272-t924 .... MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM i~". ]~ - REGULAR MEETING OF MARCH 7, 2000 EMS MATCHING GRANT APPLICATION (INTRAVENOUS INFUSION PUMPS) DATE: MARCH 2, 2000 This is before the City Comrmssion for formal authorization to submit an application to the Florida Department of Health, EMS Matching Grant, for sm (6) intravenous infusion pumps to be placed on the Fire Department's Advanced Life Support (ALS) transport vetucles to provide defmative care to cardiac pauents. Intravenous Nitroglycerin delivered by an infusion pump has been the standard of care in the Emergency Department and Intensive Care Units. By equipping our ALS veludes with these pumps, we will be able to promde mamedmte onset of acUon and minute by minute control of the medication dose. This will greatly enhance and expand the level of cardiac medical care provided to the resxdents and visitors of the Czty. The total project cost is $27,600.00. The grant being sought is 75% of total cost with a City match of 25%. The state's share would be $20,700.00, with the City's share at $6,900.00. Funding for the C~ty's share is available from 115-2311-522-64.90 (Special Prolects -Paramedic Fund). Recommend approval of the grant apphcation and authorization to subrmt. RefiAgmemol 1.EMS Matching Grant. Intravenous Infusion Pumps Request to be placed on: X Consent Agenda When: Description of agenda item: AGENDA ITEM NUMBER. AGENDA REQUEST 3/712000 __ Special Agenda Date: 2~25~2000 __ Workshop Agenda State of Florida, EMS Matching Grant Application for six Intravenous Infusion Pumps to be placed on the ALS Transport vehicles. Application deadline is March 9, 2000. Total Grant $ 27,600.00 City Match $ 6,900.00 State Match $ 20,700 00 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO X NO Recommendation: Seeking approval to apply for a State of Florida, EMS Matching Grant for six Intravenous Infusion Pumps to be placed on the ALS transport vehicles to administer ~ntravenous medicabons thereby providing definitive cardiac treatment. Th~s will greatly enhance and expand the level of cardiac medical care prowded to the residents and ws~tors o~the City. Department Head Signature: ,/~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all. items ~n¥olving expenditure of funds): Funding available: Yes ~ X No Funding alternatives: Account Number: 115~.-2~'=~ ( $~'~4~ ~ P~aaramedic Fund~ Account DesCription: (if applicable) Account Balance: $28,800.00 City Manager Review: Approved for agenda: Yes ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# EMS MA TCHING GRANT APPLICATION M (BEMS ID. Code) Total Grant Amount $ 27,600.00 BCC or EMS Organization Authorized Official Title Mailing Address Delray Beach Fire Department Robert B. Rehr Fire Chief 501 West Atlantic Avenue City State Zip Telephone Email Address Delray Beach Florida 33444 - County: :(561 ) 243-7400 rrehr(~gate.net Palm Beach (SC): 928-7400 Contact Person Title Mailing Address Richard Murphy Division Chief 501 West Atlantic Avenue City Delray Beach State Florida Zip 33444 - Telephone :( 561 ) 243-7440 Email Address rmurphy~gate.net (SC): 928-7400 Legal Status of EMS Organization (Check only one response) (1) [] Private Not For-Profit (attach copy of IRS's 501(c)(3) letter or other legal documentation of this status) (2) []Private For-Profit (4) × City/Municipality (3) []County (5) [] State Federal Tax ID Number: VF __5__9 6 0____0___0_ 3 0 8 Medical Director I hereby affirm my authority and responsibility for the use of all medical equipment and continuing education in this activlty. M~dical Director Randall L. Wolff, M.D. ME0034223 Printed Name and FL Medical License No. Date: DH Form 1767, Effective Jan.99, Revised Feb.99 PROJECT DESCRIPTION AND JUSTIFICATION A 12 POINT FONT MUST BE USED OR LEGIBLE HAND PRINTING State Plan: Brief synopsis and relationship to state plan goal, if applicable. Goal 14: Reduce the incident rate of cardiac and stroke events and improve morbidity and mortality outcomes when cardiac stroke events occur. Objective 6: Develop and implement a plan to triage and provide rapid initial care to patients with ischemic-type chest pain or discomfort, and emergent stroke symptoms. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: (1) all available numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. NEED STATEMENT: (use only the space provided) In Calendar Year 1999, Delray Beach Fire Rescue Medical Records show that there were 8,161 medical calls, of these 2,668 were cardiac calls requiring 12-Lead EKG's. The service area for the City of Delray Beach, Town of Gulf Stream and Town of Highland Beach, which is 18.1 square miles, has a population of 57,780 with 46% over the age of 50 according to statistics from the University of Florida and Florida Atlantic University. Advancements in the medical treatment of ischemic heart disease include precise delivery of parenteral medications to a patient in acute distress. Intravenous Nitroglycerin delivered by an infusion pump has been the standard of Care in the Emergency Department and Intensive Care Units. The benefits of intravenous Nitroglycerin by an infusion pump include the immediate onset of action and minute by minute control of the dose so that hypotension does not develop, as is it commonly does when given sublingually. Hypotension in the patient with myocardial ischemia may cause more damage to nutrient starved myocardial cells, converting a small area of ischemia into a larger one. The latest edition of the Advanced Cardiac Life Support book by the American Heart Association states that "with unstable angina pectoris or myocardial infarction IV administration is preferred." Intravenous infusion pumps will raise the level of pre-hospital care being delivered. Currently DBFD does not administer IV Nitroglycerin. Our need is to equip six (6) ALS transport units with IV pumps to provide immediate onset of action and minute by minute control of Nitroglycerin. This will reduce the chances of hypotension and the ischemic area enlarging do to hypotension. Outcome measurable: Degree to which need will be met or changed. (use only the space provided) With the addition of IV infusion pumps and Intravenous Nitroglycerin capabilities on our six (6) ALS transport units in our service area, we will be able to provide definitive cardiac care to cardiac/heart patients 100% of the time while reducing the area of myocardial ischemia due to hypotension. The Quality Management Team and Medical Director, through medical record review, will monitor the program to ensure correct medication administration is being accomplished and the "Cardiac Alert" program is being followed. Work activities and time frames: Indicate procedure for delivery of project. (use only the space provided) Receive Grant Award Notification Bid Process 30 Days (1 Month) Bid Award and Order Equipment 5 Days (1 Week) Receive Equipment 30 Days (1 Month) Train Personnel 10 Days (2 weeks Place into service 5 Days (1Week) 80 Days (2.75 Months) 10. BUDGET CATEGORIES APPLICANT STATE TOTAL MATCH FUNDS Expenditures $ $ $ TOTAL EXPENDITURES $ $ $ Equipment $ $ $ 6 - IV infusion pumps 6,900. 20,700. 27,600. TOTAL EQUIPMENT COSTS $ 6,900. $ 20,700. $ 27,600. $ 6,900. $20,700. $ 27,600. GRAND TOTAL 25 Percent 75 Percent TOTAL FLORIDA DEPARTMENT OF HEALTH EMS MATCHING GRANT PROGRAM Item 11 REQUEST for ADVANCE PAYMENT (Governmental Agency and Not-for-Profit Entity Only) In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned hereby requests an EMS matching grant distribution (advance payment) for the improvement, expansion ant continuation of prehospital EMS. !Remit Payment To: Name of EMS Organization : Delray Beach Fire Department Address 501 West Atlantic Avenue City : Delray Beach State FL ZIP 33444 - Sig~ Authorized Official Robert B. Rehr, Fire Chief Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Matching Grant Program 2020 Capital Circle SE, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by BEMS personnel only Matching Grant Amount For State To Pay: $ Approved By : Grant ID. Code:M Signature & Title of BEMS Grant Officer State Fiscal Year: - Organization Code E.O. Object Code 64-25-60-00-000 BU 7 Federal Tax ID: VF__ Date DH Form 1767P, Effective Jan. 99, Revised Feb.99 ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash flow and activity priorities, the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will be adjusted based on the date payment is received, except the ending date of the grant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the grant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the "Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or otherwise obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter 120, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest. ~ Idenbfled in Item 1) SIGNATURE ~IF AU~(Individual Fire Chief TITLE DH Form 1767A, Effective Jan.99, Revised Feb. 99 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM ~./--. - REGULAR MEETING OF MARCH 7, 2000 EMS MATCHING GRANT APPLICATION (12-LEAD EKG MONITOR/DEFIBRILL&TORS) MARCH 2, 2000 This is before the City Commission for formal authorizauon to subrmt an application to the Florida Department of Health, EMS Matching Grant, for funding to assist with the purchase of two (2) 12- Lead EKG Momtor/Defibrillators to be placed on fire suppression vehicles located in the western part of the City. This will enable fire rescue staff to prom& extensive EKG capabtlities to cardiac patients 100% of the m-ne, thereby greatly enhancing the level of cardiac medical care promded to the residents and visitors m the western part of the C~ty. The total project cost is $36,000.00. The grant being sought is 75% of total cost with a City match of 25%. The state's share would be $27,000.00, with the City's share at $9,000.00. Funding for the City's share is available from 115-2311-522-64.90 (Special Projects- Paramedic Fund). Recommend approval of the grant apphcation and authorization to submit. Ref:Agmemol 1 EMS Matching Grant. EKG Momtor/Defibnllators Request to be placed on: X Consent Agenda When: Description of agenda item: AGENDA ITEM NUMBER AGENDA REQUEST 31712000 Special Agenda Date: 212512000 Workshop Agenda State of Florida, EMS Matching Grant Apphcation for two 12-Lead EKG Monitor/Defibrillators to be placed on F~re Suppression vehicles located ~n the Western part of the City Apphcation deadline is March 9, 2000. Total Grant $ 36,000.00 City Match $ 9,000.00 State Match $ 27,000.00 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO X NO Recommendation: Seeking approval to apply for a State of Florida, EMS Matching Grant for two 12-Lead EKG Mon~tor/Defibnllators to be placed on Fire Suppression vehicles located ~n the Western part of the City to prowde 12-Lead EKG interpretabon to card~ac patients. This will greatly enhance the level of cardiac medical care provided to the~the Western part of the City. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all iteln~ involving expenditure of funds): Funding available: Yes ~ X No Funding alternatives: ~,,511- Account Number: 11 Account D~ri t~o~ ~Paramed,c Fund~ (if applicable) Account Balance: ~28,800.00 City Manager Review: Approved for agenda: Yes Hold Until: ~ No Agenda Coordinator Review: Received: Action' Approved Disapproved P.O.# FLORIDA DEPARTMENT OF HEAL TH EMS MA TCHING GRANT APPLICATION J J M (BEMS ID. Code) Total Grant Amount $ 36,000.00 BCC or EMS Organization Authorized Official Title Mailing Address Delray Beach Fire Department Robert B. Rehr Fire Chief 501 West Atlantic Avenue Delray Beach Florida City State Zip Telephone Email Address 33444 - County: :(561) 243-7400 rrehr(~gate.net Palm Beach (SC): 928-7400 Contact Person Title Mailing Address Richard Murphy Division Chief 501 West Atlantic Avenue City Delray Beach State Florida Zip 33444 - Telephone :( 561 ) 243-7440 Email Address rmurphy@gate.net (SC):. 928-7400 Legal Status of EMS Organization (Check only one response) (1) [] Private Not For-Profit (attach copy of IRS's 501(c)(3) letter or other legal documentation of this status) (2) [] Private For-Profit (4) X City/Municipality (3) [] County (5) [] State Federal Tax ID Number: VF 5 9 6 0 0 0 3 0 8 Medical Director I hereby affirm my authority and responsibility for the use of all medical equipment and continuing education in this activity. Medical Director Randell L. Wolff, M.D. ME0034223 Printed Name and FL Medical License No. Date: .2. - DH Form 1767, Effective Jan.99, Revised Feb.99 PROJECT DESCRIPTION AND JUSTIFICATION A 12 POINT FONT MUST BE USED OR LEGIBLE HAND PRINTING o State Plan: Brief synopsis and relationship to state plan goal, if applicable. Goal 14: Reduce the incident rate of cardiac and stroke events and improve morbidity and mortality outcomes when cardiac stroke events occur. Objective 6: Develop and implement a plan to triage and provide rapid initial care to patients with ischemic-type chest pain or discomfort, and emergent stroke symptoms. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: (1) all available numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. NEED STATEMENT: (use only the space provided) In Calendar Year 1999, Delray Beach Fire Rescue Medical Records show that there were 8,161 medical calls, of these 2,668 were cardiac calls requiring 12-Lead EKG's. The service area for the City of Delray Beach, Town of Gulf Stream and Town of Highland Beach, which is 18.1 square miles, has a population of 57,780 with 46% over the age of 50 according to statistics from the University of Florida and Florida Atlantic University. There were 895 cardiac related calls in the Western part of our service area and 35% of the time the ALS unit for that zone was committed to another emergency requiring the in-zone Engine to respond. The average response time in the Western part of the service area for ALS units is 4.15 minutes when the in- zone ALS unit is not committed to an emergency. When the ALS unit is committed to an emergency the in-zone BLS Engine responds without 12-Lead EKG capabilities and has to wait an average of 4.63 minutes after arrival for the out-of-zone ALS unit to arrive. This causes a delay of rapid diagnosis of myocardial ischemia and a delay in implementing and notifying the receiving hospital of a "Cardiac Alert". Emergency Department records from Delray Medical Center show that a delay of up to 15 minutes in receiving thrombolytic therapy is caused from not providing a pre-hospital 12-Lead EKG. Our need is to equip two (2) engine companies with 12-Lead EKG monitors to provide rapid diagnosis of myocardial ischemia thereby reducing the time to implement the "Cardiac Alert" program. o Outcome measurable: Degree to which need will be met or changed. (use only the space provided) With the addition of 12-Lead EKG capabilities on our two (2) engine companies in the Western part of our service area, we will be able to provide extensive EKG capabilities to cardiac/heart patients 100% of the time while reducing the myocardial ischemia diagnosis by 4 minutes. The Quality Management Team and Medical Director, through medical record review, will monitor the program to ensure rapid diagnosis is being accomplished and the "Cardiac Alert" program is being followed. Work activities and time frames: Indicate procedure for delivery of project. (use only the space provided) Receive Grant Award Notification Bid Process 30 Days (1 Month) Bid Award and Order Equipment 5 Days (1 Week) Receive Equipment 30 Days (1 Month) Place into service 5 Days (1Week) 70 Days (2.33Months) 10. BUDGET CATEGORIES APPLICANT STATE TOTAL MATCH FUNDS Expenditures $ $ $ TOTAL EXPENDITURES $ $ $ Equipment $ $ $ 2- 12-Lead EKG monitor/defibrillator 9,000. 27,000. 36,000. with accessories TOTAL EQUIPMENT COSTS $ 9,000. $ 27,000. $ 36,000. $ 9,000. $27,000. $ 36,000. GRAND TOTAL 25 Percent 75 Percent TOTAL FLORIDA DEPARTMENT OF HEALTH EMS MATCHING GRANT PROGRAM Item 11 REQUEST for ADVANCE PAYMENT (Governmental Agency and Not-for-Profit Entity Only) In accordance with the provisions of Section requests an EMS matching grant distribution continuation of prehospital EMS. 401.113(2)(b), Florida Statutes, the undersigned hereb' (advance payment) for the impr..,,ement, expansion and Remit Payment To: Name of EMS Organization Delray Beach Fire Department 501 West Atlantic Avenue Address city Authorized Official Delray Beach State Florida ZIP 33444 Sign%ture ' - Robert B. Rehr Fire Chief Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Matching Grant Program 2020 Capital Circle SE, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by BEMS personnel only Matching Grant Amount For State To Pay: $. Approved By Grant ID. Code:M Signature & Title of BEMS Grant Officer State Fiscal Year: Or,qanization Code E,O. Obiect Code 64-25-60-00-000 BU 7 Federal Tax ID: VF Date DH Form 1767P, Effective Jan. 99, Revised Feb.99 28 ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash flow and activity priorities, the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will be adjusted based on the date payme,;t is received, except the ending date of the grant will remain as specified in the Notice of Grant Award le[ter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the grant pedod. ACCEPTANCE OF TERMS AND CONDmONS: The grantee accepts the grant terms and conditions in the "Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or otherwise obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter 120, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest. SIGNATURE OF AUTHORIZED OFFICIAL (Individual Identified in Item 1) Fire Chief TITLE DH Form 1767A, Effective Jan.99, Revised Feb. 99 29 CARDIAC ALERT "12 -LEAD EKG" 1. Obtain a 12 lead EKG on all patients who meet the established criteria: - Chest Pain - Dysrhythmia (Heart Rate > 150 or < 50; Frequent PVC's; Other Abnormal Rhythms) - Epigastric Pain (Unless associated with G.I. Bleeding) - Thoracic Back Pain without Trauma - Diaphoresis ( Unless explained by Fever) - Shortness of Breath - Congestive Heart Failure/Pulmonary Edema - Abnormal Appearing Lead II EKG Rhythm Strips NOTE: Obtaining the EKG shall not delay transport or treatment If the patient has chest pain and or symptoms of an MI and ST segment elevation of greater than one millimeter in two or more related limb leads (II, III, AVF) or precordial leads, then the patient meets the criteria for CARDIAC ALERT. If signs of acute infarction are not noted, refer to chest pain protocols. Expedite transport while not compromising patient care. Encode the receiving hospital and advise that this is a "Cardiac Alert" and the estimated time of arrival. Describe the leads with elevation. 4. Follow the chest pain and other protocols as appropriate. 5. If time permits, complete the 12 Lead Cardiac Assessment Form (see Appendix T). NOTE: AVOID UNSUCCESSFUL IV ATTEMPTS 6. ADMINISTER: Two (2) 80mg. Chewable aspirins if not allergic and no history of ulcers. 7. Repeat 12 Lead EKG if time allows. Deliver one copy of the 12 Lead Cardiac Assessment Form (see Appendix T) and 12 lead EKG to the receiving hospital medical staffand retain a copy of each to attach to the department's record. * Note: Copy of page from the Delray Beach Fire Department Advanced Cardiac Life Support Protocols MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ZITY MANAGER AGENDA ITEM 8./~ - REGULAR MEETING OF MARCH ?~ 2000 EMS MATCHING GRANT APPLICATION (AUTOMATIC EXTERNAL DEFIBRII.I.ATORS FOR POLICE DEPARTMENT VEHICLES) MARCH 2, 2000 This is before the C~ty Commission for formal authorization to submit an application to the Florida Department of Health, EMS Matching Grant, for funding to assxst w~th the purchase of fifty (50) Automauc External Defibrillators (AEDs) to be placed m Police Department vebades. Pohce Department personnel are trained at the first responder level, but currently do not have a means of rapxd defibrillation when they arnve on the scene sometimes 3 to 4 minutes ahead of the Advanced Life Support units. The placement of AEDs in Police vehtcles will greatly enhance the level of cardiac medical care provided to the residents and V~Sltors of the C~ty. The total project cost is $157,200.00. The grant being sought ~s 75% of total cost with a City match of 25%. The state's share would be $117,900.00, with the C~ty's share at $39,300.00. If the grant is approved, the City's share of funding will be allocated through the mad-year budget adjustment. Recommend approval of the grant apphcation and authorization to submit. RefiAgmemol 1 EMS Matching Grant.AEDs tn Pohce Vehicles Request to be placed on: X Consent Agenda When: Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST 3/712000 Special Agenda Date: 2~25~2000 Workshop Agenda State of Florida, EMS Matching Grant Application for 50 Automatic External Defibrillators (AEDs) for Police Department vehicles. Application deadline is March 9, 2000. Total Grant $157,200.00 City Match $ 39,300.00 State Match $117,900.00 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO X NO Recommendation: Seeking approval to apply for a State of Florida, EMS Matching Grant for 50 Automatic External Defibrillators (AEDs) to be placed in Police Department vehicles to prowde rapid defibrillation to cardiac arrest victims prior to Fire Department units arriving on scene This will greatly enhance the level of cardiac medical care provided to the residents and visitors of the City. Department Head Signature: _~~ ,~ ,:~~,' Determination of Consistency with Comprehensive Plan: City Attorney ReviewIRecommendation (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: Yes Hold Until: Agenda Coordinator Review: Received: Action: Approved X No (if applicable) .~~ No Disapproved P.O.# FLORIDA DEPARTMENT OF HEAL TH = w M (BErYlS ID. Code) Total Grant Amount $f57,200.00 BCC or EMS Organization Authorized Official Title Mailing Address Delray Beach Fire Department Robert B. Rehr Fire Chief 501 West Atlantic Avenue City State Zip Telephone Email Address Delray Beach Florida 33444 - County: :(561 ) 243-7400 rrehr(~gate.net Palm Beach (SC): 928-7400 Contact Person Title Mailing Address Richard Murphy Division Chief 501 West Atlantic Avenue City Delray Beach State Florida Zip 33444 - Telephone :( 561 ) 243-7440 Email Address rmurphy(~gate.net (SC): 928-7400 Legal Status of EMS Organization (Check only one response) (1) [] Private Not For-Profit (attach copy of IP, S's 501(c)(3) letter or other legal documentation of this status) (2) [] Private For-Profit (4) X City/Municipality (3) [] County (5) [] State Federal Tax ID Number: VF 5 9 6 0 0 0 3 0 8 Medical Director I hereby affirm my authority and responsibility for the use of all medical equipment and continuing educabon in this activity. 'Meai~al Director - f~ Randell L. Wolff, M.D. ME0034223 Printed Name and FL Medical License No. Date: DH Form 1767, Effective Jan.99, Revised Feb.99 PROJECT DESCRIPTION AND JUSTIFICATION A '12 POINT FONT MUST BE USED OR LEGIBLE HAND PRINTING 6. State Plan: Brief synopsis and relationship to state plan goal, if applicable. Goal 14: Reduce the incident rate of cardiac and stroke events and improve morbidity and mortality outcomes when cardiac stroke events occur. Objective 4: Educate and implement early defibrillation to the community by making Automated External Defibrillators (AEDs) accessible for use by first responders and ultimately the public. Project Description/Justification: This is the NEED STATEMENT. Describe and justify the project. Include: (1) all available numerical data, time frames for the data, data source; (2) number of people directly impacted by the grant(s); (3) whether the project will serve single municipality, county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS organizations. NEED STATEMENT: (use only the space provided) In Calendar Year 1999, Delray Beach Fire Rescue Medical Records show that there were 8,161 medical calls, of these 2,668 were cardiac calls and 50 were cardiac arrests. The service area for the City of Delray Beach, Town of Gulf Stream and Town of Highland Beach have a population of 57,780 with 46% over the age of 50 according to statistics from the University of Florida. The average response time, per Dispatch records, for ALS units is 4.37 minutes and the average response time for police units is less than 60 seconds in 90% of cardiac arrests. We attribute the quick response of police units is due to the fact they are mobile, patrolling the City which is broken into multiple zones, instead of responding from a fixed station location. Currently, the Delray Beach Police Department is trained at the first responder level and does not have a means of rapid defibrillation when they arrive on the scene 3 to 4 minutes ahead of the ALS units. Our need is to place Automatic External Defibrillators (AEDs) in police units to perform rapid defibrillation 100% of the time thereby increasing the chance of survival. Outcome measurable: Degree to which need will be met or changed. (use only the space provided) Currently, ALS units have an average response time of 4.37 minutes, which results in a delay of rapid/early defibrillation. With the addition of Automatic External Defibrillators (AEDs) in police units, whose response time is less than 60 seconds, we will reduce the response time of rapid/early defibrillation. It is estimated that this will equate to a 75% reduction in response time to defibrillation. This program will be monitored by Delray Beach Fire Rescue through the Quality Management Team and the Medical Director. Work activities and time frames: Indicate procedure for delivery of project. (use only the space provided) Receive Grant Award Notification Bid Process 30 Days (1 Month) Bid Award and Order Equipment 5 Days (1 Week) Receive Equipment 30 Days (1 Month) Train Personnel 45 Days ( 1.5 Months) 105 Days (3.75Months) 10.. BUDGET CATEGORIES APPLICANT STATE TOTAL MATCH FUNDS Expenditures $ $ $ Instructor Fees 300. 900. 1,200. @ $20.00 per hour *Does not include benefits* 239 Students 15 classes X 4 hours per class 60 hours of instruction TOTAL EXPENDITURES $ 300. $ 900. $ 1,200. Equipment $ $ $ 52 - Automatic External Defibrillators (AEDs) 39,000. 117,000. 156,000. TOTAL EQUIPMENT COSTS $ 39,000. $117,000 $ 156,000. $ 39,300. $117,900 $ 157,200. GRAND TOTAL 25 Percent 75 Percent TOTAL FLORIDA DEPARTMENT OF HEAL TH EMS MATCHING GRANT PROGRAM Item 11 REQUEST for ADVANCE PAYMENT (Governmental Agency and Not-for-Profit Entity Only) In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned hereb requests an EMS matching grant distribution (advance payment) for the improvement, expansion an continuation of prehospital EMS. Remit Payment To: Name of EMS Organization Delray Beach Fire Department Address 501 West Atlantic Avenue : City Delray Beach State FL ZIP 33444- Authorized Official Signa'td'r~r - ' D~lte Robert B. Rehr, Fire Chief Type Name and Title Sign and return this page with your application to: Florida Department of Health BEMS Matching Grant Program 2020 Capital Circle SE, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by BEMS personnel only Matching Grant Amount For State To Pay: $. Approved By : Grant ID. Code:M Signature & Title of BEMS Grant Officer State Fiscal Year: .O.[9anization Code E.O. Object Code 64-25-60-00-000 BU 7 Federal Tax ID: VF __ Date DH Form 1767P, Effective Jan. 99, Revised Feb.99 ASSURANCES Item 12 PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash flow and activity priorities, the grantee may not receive payment from the state for this activity until several months after announcement of awards. The work activity time frames will be adjusted based on the date payment is received, except the ending date of the grant will remain as specified in the Notice of Grant Award letter. STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for this activity. No costs count towards satisfying a matching requirement of a department grant if also used to satisfy a matching requirement of another state or federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this application shall be committed and used for the department's final approved activity during the grant period. ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the "Florida EMS Matching Grant Program Application Manual", and acknowledges this when funds are drawn or otherwise obtained from the grant payment system. DISCLAIMER: The grantee certifies that the facts and information contained in this application and any attached documents are true and correct. A violation of this requirement may result in revocation of the grant, return of all funds and interest to the department and any other remedy provided by law. NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to challenge or protest pursuant to chapter 120, F.S. MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or other effect brought about in whole or part by grant funds, will be maintained for five years after the activity ends, unless specified otherwise in the approved application or unless the department agrees in writing to allow a change. Any unauthorized change within the five years will necessitate the return of grant funds, plus interest. SIGNATURE OF AUTI:IORIZED OFFICIAL (Individual Identified in Item 1) Fire Chief TITLE DH Form 1767A, Effective Jan.99, Revised Feb 99 MEMORANDUM TO: FROM: MA)fOR AND CITY COMMISSIONERS ¢ffTY MANAGER SUBJECT: AGENDA ITEM 8. ~. - REGULAR MEETING OF MARCH 7, 2000 SERVICE AUTHORIZATION #99-003/KIMLEY-HORN ASSOCIATES (SE/SW AREA INFRASTRUCTURE IMPROVEMENTS) DATE: MARCH 1, 2000 This is before the City Commission to approve Service Authorization #99-003 m the amount of $196,684.00 with Kimley-Horn Associates, Inc. for preliminary and final desxgn consulting sermces related to the SE/SW Area Infrastructure Improvements prolect. The roadway segments included in the project are depxcted on the accompanying map and are also outlined in the sermce authorization. Proposed improvements include water main upgrades, tie-ins and stub-outs, roadway reconstruction and resurfacmg, and drainage improvements. The project is part of the 2000 Roadway Bond Program. Funding is available from 370-3162-541-65.45 (2000 Roadway Bond - SE/SW Area Improvements - Atlantic Avenue to South 10t~ Street). Recommend approval of Service Authorization #99-003 with Kamley-Horn Associates. RefiAgmemol 6 SermceAuth.#99-003.Kimley Hom. SE/SW Area Improvements Agenda Item No... AGENDA REQUEST Date: 02-Mar-2000 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 07-Mar-2000 Description of item (who, what, where, how much): Attached is an agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 99-003 Kimley-Hom Assoc., Inc. This Service Authorization covers the preliminary and final design phases for improvements in the SW/SE area of the City. Improvements include:water main upgrades, tie-ins and stub-outs, roadway reconstruction/resurfacing, and drainage improvements. The attached map shows the project locations. Total cost for this Service Authorization is $196,684.00. Funding is available from account # 370-3162-541-65.45, SE/SW Area - Atlantic Ave to S 10~ St. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'I-I'ACHED YES/NO Recommendation: Staff recomdi'~ds approval/auth~iz~dn Department head signature ,. "5- 7- - co 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 370-3162-541-65.45, SE/SW Area - ,~tlanticAv - S 10th St Account Balance $1,018,520.00 ~.4~ ~-~.z~~ ~O' 4P . City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ttESSRVOO2tDEPARTMENTS~EngAdmm~Projects~2000t2000-O46tOFFIClAL ~agenda03-07-O0 doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer 2 March 2000 2000 Road Bond Program SE/SW Area Improvements Project # 2000-046 Commission Agenda Item Service Authorization # 99-003 with Kimley-Horn Attached is an agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 99-003 Kimley-Hom Assoc., Inc. This Service Authorization covers the preliminary and final design phases for improvements in the SW/SE area of the City. Improvements include: water main upgrades, tie-ins and stub-outs, roadway reconstruction/resurfacing, and drainage improvements. The attached map shows the project locations. Total cost for this Service Authorization is $196,684.00. Funding is available from account # 370-3162-541-65.45, SE/SW Area - Atlantic Ave to S 1~ St. Please place this item on the 07 March 2000 Commission Agenda. enc CC: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file S:~EngAdmtnV=ro]ectst2000t2000-O46~OFFIClAL tagendamemo03-07-O0 doc 03/02/00 THU 11:19 FAX 561 863 6392 KIMLE¥-HORN ~002 CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: 2000 Roadway Bond Program - SE/SW Area, Project Nos. 2000-046 and 2000-002 I. PROIECT DESCRIPTION The City has requested that Kimley-Hom and Associates, Inc. (CONSULTANT) prepare construction plans and specifications for eight specific projects under their 2000 Roadway Bond Program. The CONSULTANT shall provide survey services in support of the detailed designs. The CONSULTANT also shall prepare complete bid documents and assist City staff through the award of the construction contract(s). Construction phase services are not included under this service authorization, but they can be provided as additional services with written authorization from the City, II. SCOPE OF SERVICES The projects included under this service authorization are described in the following paragraphs. Please note that all labor and expense estimates are based on the limits of work described. We can provide services beyond the defined scope as additional services with written authorization from the Ci~. City Project No. 2000-046 2001 C - This,project includes resurfacing SW 14"' Avenue from SW 4* Street to Interstate 95, installing an g' water main along SW 14m Avenue from SW 3"~ Street to the easement of Atlantic Avenue, and installing drainage swales along the roadway improvements, The CONSULTANT will design the improvements from SW 3"l Street to 1-95. 2003 D - This project includes reconstructing the SW 1a Avenue roadway from SW 2nd Street to Atlantic Avenue, installing an 8" water main along SW I at Street from SW 1st Avenue to SW 2na Avenue, and installing drainage swales along the roadway improvements. The CONSULTANT will design the improvements along SW 1't Avenue from SW l~t Stree~ to Atlantic Avenue and along SW 1't Street from SW l" Avenue to SW 2"~ Avenue. 2004 C - This project includes resurfacing Palm Square Avenue from SE t" SWeet to Atlantic Avenue, installing an 8" water main along Palm Square Avenue from SE 1~' Street to Atlantic Avenue, installing an 8" water main through Bush's parking lot to Canal Street, then south to SE 1at Street, installing additional stormwater pipe and inlets on Palm Square Avenue, and installing drainage swales along the roadway improvements. The CONSULTANT will design all improvements for this project. The City will provide detailed survey in this area. 2016 C - This project includes resurfaoing SW 7'h Avenue from SW 6m Street to SW 4t~ Street, installing an 8" water main along SW 7~' Avenue from SW 6~ Street to SW 4a' Street, and installing drainage swales along the roadway improvements. The water main shall he tied in to the water main south of SW 6~ Street or terminated for future connection. The CONSULTANT will design stormwater, water main, and roadway improvements within this area. Qf1044300000\bond\auth3.doc 03/02/00 THI.! 11:20 FAX 561 863 6392 KIMLEY-HORN ~0o3 2017 C - This project includes resuffacing SW 6~ Avenue from SW 7m SWeet to SW 4a' Street, installing an 8" water main along SW 6th Avenue from SW 7~ Street to SW 4~h Street, and installing drainage swales along the roadway improvements. The water main shall be tied in to the water main north and sonth of the project or terminated for future connection. The CONSULTANT will design all improvements for this project. 2024 D - This project includes reconstructing the SW $~h Cour~ roadway from SW 4t~ Avenue to Swinton Avenue, installing an 8" water main along SW 8't' Court from SW 4t~ Street to the east a distance of 650 feet, and installing drainage swales along the roadway improvements. The water main shall be tied in to the water main along SW 4~' Avenue or terminated for future connection. The CONSULTANT will design all improvements for this project. We received an unnumbered project description via fax on February 7, 2000. Tlxis project consists of reconstructing the SE 6u' Street roadway from the FEC railroad to SE 2"°Avenue and installing swales along the roadway improvements. The CONSULTANT will design all improvements for this project. City Project No. 2000-002 2520 - This project includes installing one 12" water main a. long SE 6~s Avenue from SE 6~ · Street to SE 4ts Street, then east along SW 4m Street to SE 7t~ Avenue, then north along SW 7 Avenue to Atlantic Avenue. The CONSULTANT will design all improvements for the project. The City will provide detailed survey data for the project. This project also includes traffic calming along SE 7~ Avenue and at the intersections of SE 7"' Avenue with SE 3~a Street and SE 4"~ Street. The CONSULTANT will utilize the results of previous traffic studies and design the traffic calming features that were selected by the City. These features are limited to lane narrowing on SE 7~ Avenue at the 200 block, and entry features at SE 3~a Street and SE 4~' Street, None of the traffic calming will occur within the FDOT right~ of-way. Kimley-Hom will prepare construction documents for each of these bond projects, apply for the required permits from Palm Beach County Health Department, SFWIVID~ and FDOT, and assist the City through award cfa construction con~ract. We will apply for SFWMD permits or penuit modifications whenever we create an outfall or connect to an existing system, We assume that FDOT permits will only be required for project 2520 since it is the only job to be done in the FDOT right-of-way. Permits will be required from the Palm Beach County Health Depa~xment for all water line connections. The estimated labor and expenses represent our proposed effort to create one complete set of plans encompassing all projects, We cart repackage the plans into smaller groupings as an additional service with written authorization from the City. Kimley-Horn will subcontract the survey work along each proposed improvement (excluding projects 2520 and 2004C). The survey will include sufficient data to represent right-of~way lines, existing roadway profiles, existing utilities, and other pertinent features. The City will provide legal descriptions of the lots within each project area as well as plats for our reference. We understand that the roadway design is primarily resurfa¢ing, with no proposed widening, We understand that the terms resurfaeing and reconstructing are used interchange, ably in the project Q:~044300000\bend~u~h3,doc 03/02/00 TItU 11:20 FAX 561 863 6392 KIMLEY-HOR~ ~004 descriptions provided by the City. We also understand that pavement marking and signage will be returned to their existing condition. No additional traffic engineering is proposed under this service authorization, except for the traffic calming described above. We can provide traffic engineering as an additional service if authorized by the City. We understand that the City will provide TV inspections of existing sanitary sewers and storm inlets if requ©sted. In addition, the City has agreed to provide su_r~ey along three of the projects as described previously. Kimley-Horn has prepared an estimate of the effort required to complete the scope of services. The labor and expense projections for each of the nine projects, including bid phase services, are included as Exhibit 1. III. BUDGET Kimley-Horn will provide the services described in the detailed spreadsheets for the lump sum amount of $196,68a. This estimate includes approximately $164,785 of engineering and drafting labor, $18,300 of survey, az~d $13,599 of expenses. We will complete these services as expeditiously as possible to meet the target date for award of the construction contract on October 3, 2000. IV. COMPLETION DATE This service authorizatior~ is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Q:\o4.4300000~bonfl~Ruth2, .doo · 03/02/00 THIJ 11:21 FAX 561 863 6392 KIMLEY-HORN ~005 Approved by; CITY OF DELRAY BEACH: Date Mayor CONSULTANT: Date By: (Seal) Wituess WRness Attest: Attest: Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, this day of , 199 was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Wimess my hand and seal in the County and State aforesaid this day of ..... 199__. Notary Public State of Florida My Commission Expires: Q:\O44300000\bond~auth3 ,doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM ~.~. - REGULAR MEETING OF MARCH 7, 2000 SERVICE AUTHORIZATION #99-02/LAWSON, NOBLE (SOUTHRIDGE/SUNSET/ALBATROSS IMPROVEMENTS) & WEBB DATE: MARCH 2, 2000 Ttus is before the City Commission to approve Servme Authorization #99-02 m the amount of $102,667.42 with Lawson, Noble & Webb, Inc. for prehminary and final dessgn sermces associated with the infrastructure maprovement prolects in the Southridge area, Albatross Road/Lmdell Boulevard area, and a poruon of Frederick Boulevard m Del-Raton Park. Thts prolect ss part of the 2000 Roadway Improvement Bond Program. The project's boundaries are more specifically described as follows: Southridge Area Sunset Avenue (Resgle Avenue to S.W. 10~h Street) Mango Drive (Reigle Avenue to approxtmately 400 feet north) Reigle Avenue (S.W. 4th Avenue to alley east of and parallel to Mango Drive) S.W. 8th Avenue (from existing pavement to S.W. 11th Street S.W. 11th Street (S.W. 7th Avenue to S.W. 9th Avenue) Southridge Road (from unpaved west end to S.W. 4th Avenue) Douglass Avenue (from unpaved west end to S.W. 4th Avenue) Albatross Road/Lindell Boulevard Albatross Road (C-15 Outfall/Lmdell Boulevard to Curlew Road) Lmdell Boulevard (Dixie Highway to U.S. #1) Frederick Boulevard in Del-Raton Park Frederick Boulevard (LaMat Avenue to the north end) In general, the scope of the project includes drainage improvements, construcuon of S.W. 11th Street, Southridge Road, Douglass Avenue and Frederick Boulevard, roadway reconstruction and/or resurfacsng at Sunset Avenue, Albatross Road and Lindell Boulevard, water main upgrades, fie-ins, stub-outs, services and fire hydrants, and construction of new samtary sewer. The work to be accomphshed m each location ss outlined m the attached servme authorization. Funding will be from 370-3162~541-65.46 (2000 Roadway Bond Program - Southridge/Sunset/Albatross Improvements). Recommend approval of Service Authorization #99-02 wath Lawson, Noble & Webb for professsonal services related to the Southridge/Sunset/Albatross Infrastructure Improvements prolect. RefiAgmemo16 ServiceAuth.#99-02.Lawson Noble. Southridge/Sunset/Albatross Imp Agenda Item No. ~.~. Request to be placed on: AGENDA REQUEST Date: March 1, 2000 X Regular Agenda Special Agenda Workshop Agenda When: March 7, 2000 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Service Authorization # 99-02 with Lawson, Noble & Webb, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on Sunset Avenue, Albatross Road, Lindell Blvd., SW 11th Street, Southridge Road, Douglas Avenue, Frederick Blvd., and Mango Drive. The Service Authorization is subject to review and approval of the City Attorney. Total cost for this Service Authorization is $102,667.42. Funding is available from account # 370-3162-541-65.46 ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval/authorization of Service Authorization # 99-02 with Lawson, Noble & Webb, Inc. Department head signature Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review r(~t~d on all items involving expenditure of funds): Funding availabl~.'~YES/~O ~Funding alternativ-e-~"'-- . , (if applicable) i~.)d)l/Account No. & Description 370-3162-541-65.46 '~-)~3 r~, ;~ I~)~_~/A~$ ~Account Balance $'~;~t3;~jO0 -" ~-~ - ' City Manager Review: ~,~~~ Approved for agenda: K.~,,-- ~o Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: s:/engadminlprojects12000/O45/agenda3-7-OO.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: THROUGH: FROM: DATE: David T. Harden, City Manager /,~ /~//~ Randal Krejcarek, P.E., City Engineer William A. Grieve, E.I., Civil Engineer L,,,J~ March 1, 2000 SUBJECT: Southridge/Sunset/Albatross, Infrastructure Improvements Project # 2000-045 Commission Agenda Item Service Authorization # 99-02 with Lawson, Noble & Webb, Inc. Attached is the revised agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 99-02 with Lawson, Noble & Webb, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on Sunset Avenue, Albatross Road, Lindell Blvd., SW11th Street, Southridge Road, Douglas Avenue, Frederick Blvd., and Mango Drive. These improvements include: · drainage improvements · construction of SW 11th St., Southridge Rd., Douglas Ave., and Frederick Blvd. · roadway reconstruction/resurfacing at Sunset Avenue, Albatross Road, and Lindell Blvd · water main upgrades, tie-ins, stub-outs, services, and fire hydrants · construction of new sanitary sewer (e.g. gravity main and manholes) The attached map shows the project location. Total cost for this Service Authorization is $102,667.42 Funding is available from account # 370-3162-541-65.46. If this meets with your approval, please place this item on the March 7, 2000 Commission meeting. enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director t~SSRVOO2~DEPARTMENTS~EngAdminV:)rojects~OOO~2000-O45~OFFICIAL tagendamemo2- l-O0. doc / LINTON BOULEVARD ~ ~ ~ CI~ of DELRAY BEACH ~ SOUmRIDGE, ETC. ~ ~ ~ ~M~ ~8 ~P~~ INFRAS~UC~RE IMPROVEMEN~ EXHIBIT A CONSULTING SERVICE AUTHORIZATION DATE: I--'~ b. t ~ ~ ~ SERVICE AUTHORIZATION NO. ~¢1 -OD FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE :3~:~O-~ l~ ~.- ~":/1- (,,~_z/'~,. TITLE: Street Improvement Proiects This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: A.qreement for General Consulting Engineerinq Services PROJECT DESCRIPTION Sunset Avenue (Reigle Avenue to Southwest 10th Street) · Design 8"watermain · Roadway reconstruction/resurfacing · Design drainage swales Albatross Road (C-15 Outfall (Lindell Boulevard) to Curlew Road) · Install 30" stormwater pipe (Ibis Drive to Linnent Circle) · Roadway reconstruction/resurfacing · Design drainage swales Lindell Boulevard (Dixie Highway to U.S. 1) · Roadway reconstruction · Design drainage swales Southwest 8th Avenue (from existinq pavement to Southwest 11th Street) · Design associated potable water improvements identifies by City Staff · Design associated sanitary sewer improvements identified by City Staff · Design stormwater improvements identified by City Staff · Roadway reconstruction/resurfacing Southwest 11th Street (Southwest 7th Avenue to Southwest 9th Avenue) · Roadway reconstruction/resurfacing · Design associated potable water improvements identified by City Staff · Design stormwater improvements identified by City Staff Southridge Road (from unpaved west end to Southwest 4th Avenue) · Roadway reconstruction/resurfacing · Design associated potable water improvements identified by City Staff · Design associated sanitary sewer improvements identified by City Staff · Design associated stormwater improvements identified by City Staff Douglass Avenue (from unpaved West to Southwest 4th Avenue) · Roadway construction Design potable water improvements Design sanitary sewer improvements · Design stormwater improvements Frederick Boulevard (La Mat to the north end) · Roadway reconstruction/resurfacing · Design associated potable water improvements identified by City Staff · Design associated sanitary sewer improvements identified by City Staff · Design associated stormwater improvements identified by City Staff Mango Drive (Reigle Avenue to approximately 400 feet north) · Design 8" watermain (to tie into existing main coming from 10th Street) Reigle Avenue (Southwest 4th Avenue to Alley east of and parallel to Mango Drive) · Design 8"watermain 2 II SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. Phase II- Preliminary Design Phase Consultant shall provide preliminary design phase services in accordance with Article 111.B of the Agreement for Engineering Services with the City, dated May 14, 1999. A preliminary design (letter report) shall be used to accurately define the scope and characteristics of the project. Development of this document will begin immediately after the first project meeting, and will be used to direct the activities necessary to design the facilities and develop construction documents. Field reconnaissance of the proposed drainage, roadway, sanitary and watermain corridor's will be performed. Photograph log walk-through will be included. In addition, potential underground existing facilities will be identified. Coordination with utility agencies shall be performed to collect record information. This includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. A preliminary pipeline alignment for new sanitary main, water main, water connections/stubouts, and/or storm drainage improvements will be selected to minimize known utility and structural conflicts. The preliminary pipeline alignments will be discussed with the City for purposes of final pipeline alignments selections. A preliminary roadway reconstruction/resurfacing schematic shall be developed which shall identify the limits of roadway improvements. Following selected preliminary pipeline layouts and/or roadway improvements for the project area, a preliminary cost opinion including construction cost and allowance for engineering costs and contingencies shall be developed At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department (PBCHD), Florida Department of Transportation (FDOT) and City of Delray Beach. A table listing the identified permitting agencies and associated permit fees shall be prepared and included in the Preliminary Design Report. 3 The Preliminary Design Letter Report shall contain schematic layouts and conceptual design criteria for the proposed pipelines and roadway improvements. A preliminary cost opinion will also be provided. Five copies shall be submitted in draft form for review by City. Consultant shall conduct one preliminary design review meeting with the City following the preliminary design report submittal. The Final Preliminary Design Report will incorporate City comments and five copies shall be submitted. Phase III- Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated May 14, 1999. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City if Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1": 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 14 format. Contract documents consisting of "front-end" documents and technical specification shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Consultant shall furnish digital copy of contract documents in Microsoft Office comparable format o Drawings and specifications (four copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on 3-1/2" disk. Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 4 Phase IV- Biddinq/Negotiation Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued o Consultant shall attend pre-bid conference and provide a written summary of issues discussed. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid project. o Consultant shall attend the bid opening, shall prepare and furnish digital copy of bid tab sheets in Microsoft Office compatable format and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Other- Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: ao Location of all visible fixed improvements within the right-of-way (including 5-feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point curvature and point of tangency. bo Location of all known above ground existing utilities: FP & L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters). Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with the City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. Co Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. Elevations shall be indicated every 50 feet, at a minimum, to indicate centedine grades, edge of pavement grades and shoulder grades, Iow points and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated in the driveways and parking areas to indicate direction of grade. Provide and Elevations to Benchmark. reference benchmarks at maximum 600-foot intervals. be referenced to an existing established City or County The above topographical survey data will be prepared in AutoCAD (Version 14) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. The CAD drawing shall also include: · Location of soil borings. · Location of utility pot holing. Other- Permitting At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County HeaLth Department (PBCHD), Florida Department of Transportation (FDOT), and City of Delray Beach. Permit applications shall be completed for SFWMD, PBCHD, FDOT, and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. 6 In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. ADDITIONAL SERVICES Consultant shall provide additional engineering services related to the provision of water, drainage and roadway improvements to the project area that are not covered under this Service Authorization. These additional services may be required to uncertainties discovered during survey, soils investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issues shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the few to be paid in accordance with the Agreement. · A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to- proceed). Engineering Services Time per Phase Cumulative Time Phase II(1) 6 weeks 6 weeks Phase II I(2) 8 weeks 14 weeks Phase IV 6 weeks 20 weeks (~) Survey will be prepared during Phase II time period. (2) Permits will be prepared during Phase I!1 time period. 7 IV. COMPENSATION The compensation for services provide shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase II- Preliminary Design Phase Phase III- Final Design Phase Phase IV-Bidding Phase Survey Permitting Out-of-Pocket Expenses Soils $11,000.00 $6O,652.42 $3,OOO.OO $22,100.00 $1,000.00 $1,500.00 $2,415.00 TOTAL PROJECT COST $102,667.42 Notes: (~) Out-of-Pocket Expenses include the following: printing/reproduction and postage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commerce work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: CONSULTANT: Date Witness Witness Attest: 8 Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, this \~% day of ¢re_t~CL~Ctr-,U_ , 1'99"?`3oo was acknowledgec? by ~~ on behalf of the Corporation and said person executed the same free and voluntarily for the for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this Ite~ day of Notary Public State of Florida My Commission Expires: 9 City of Delray Beach Survey Requirements The survey should include the following: Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, and dedicated easements. House address numbers. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way. All underground utilities. Inverts on sanitary and storm sewers shall be indicated as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. o All topographical surveys shall have stationing established from south to north and west to east where applicable. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. Finished floor elevations of each habitable structure shall be included. The survey shall include topography of the complete intersection at the terminal end of each street. 10 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS /~CITY MANAGER AGENDA ITEM ~7. 1~. _ REGULAR MEETING OF MARCH 7, 2000 SERVICE AUTHORIZATION #99-01/SCHORAH & ASSOCIATES DATE: (NORTHWEST AREA INFRASTRUCTURE IMPROVEMENTS) MARCH 1, 2000 This is before the City Commission to approve Sermce Authorization #99-01 m the amount of $147,042.00 with Michael B. Schorah & Associates, Inc. for prelmainary and final design consulting services related to the Northwest Area Infrastructure Improvements project. The roadway segments included in the project are depicted on the accompanying maps and are also outlined in the service authorization. Proposed maprovements include drainage ~rnprovements, roadway reconstmctton and resurfacing, water mare upgrades, tie-ms, stub-outs, services and fire hydrants, as well as construction of new sanitary sewer. The project is part of the 2000 Roadway Bond Program. Funding is available from 370-3162-541-65.44 (2000 Roadway Bond - NE/NW Area Improvements). Recommend approval of Sermce Authorization #99-01 w~th Mtchael B. Schorah & Associates, Inc. RefiAgmemol 6.SermceAuth.#99-01.Schorah. NW Area Infrastructure Imp. Agenda Item No. Request to be placed on: AGENDA REQUEST Date: Feb. 24, 2000 X Regular Agenda Special Agenda Workshop Agenda When: March 7, 2000 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Service Authorization # 99-01 with Michael B. Schorah & Associates, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on NW 1~t Street, NW 11th Avenue, NW 9th Avenue, NW 7th Avenue, NW 4t~ Avenue, NW 3'~ Avenue, NW 2nd Street, NE 4th Street and the intersection of NW 2nd Street and NW 2nd Avenue. Total cost for this Service Authorization is $147,042.00. Funding is available from account #3 70- 31,62-541-65.44 ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval/authorization of Service Authorization # 99-01 with Michael B. Schorah & Associatesf Inc. Department head signature ~~_~ ]~5/~ g-- ~.~ 0~> Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable)[ Budget Director Review r(..geq~d on all items involving expenditure of funds): Funding availabld~YES~/NO Funding alternative-~"- (if applicable) Account No. & Description - Account B a I a n ce,~_~:~"--z~..~ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: /NO~ Placed on Agenda: Action: Approved/Disapproved cc: s :lengadminlprojects12000104 71agenda2-15-OO.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: THROUGH: FROM: DATE: David T. Harden, City Manager Randal Krejcarek, P.E., City Engineer William A. Grieve, E.I., Civil Engineer February 24, 2000 SUBJECT: NW Area Infrastructure Improvements Project # 2000-047 Commission Agenda Item Service Authorization # 99-01 with Michael B. Schorah & Associates, Inc. Attached is an agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 99-01 with Michael B. Schorah & Associates, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on NW 1" Street, NW 11th Avenue, NW 9th Avenue, NW 7th Avenue, NW 4th Avenue, NW 3 Avenue, NW 2nd Street, NE 4th Street and the intersection of NW 2nd Street and NW 2nd Avenue. These improvements include: · drainage improvements · roadway reconstruction/resurfacing · water main upgrades, tie-ins, stub-outs, services, and fire hydrants · construction of new sanitary sewer (e.g. gravity main and manholes) The attached map shows the project location. Total cost for this Service Authorization is $147,042.00 Funding is available from account #3 70-3162-541-65.44 If this meets with your approval, please place this item on the March 7, 2000 Commission meeting. enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director S'~EngAdrnin~Prolects~OOO~2000-O4 710FFIClAL ~agendamemo2.15-OO. doc L._ 'i--~- ~. ~.~ %. I SC~OO_ I [--~-1 -~-1~ ~ N W.~lj~~ ~-.4 M~-- ~---)1~--~ .... r~z ...... 49 b7 ~--~ -- m~t --~1 t ~ , -q ,<~ _ ~..~' .... I __ '~'~ ~ F-~,~]r~- ~¢~t ,~ ~-'~ - -- ~ ~ --1 ~'~ ' ~s 7' ~ ~ 2 Ii s - i ...... ~ '-~ 7' _ m~-m .......... ~. =,~- .... A ~ L A N ~ i C AVE. (} 8 Cl~ of DELRAY BEACH NW A"EA ~~~~ ~~ INFRAS~UC~RE IMPROVEMENTS .E ...... ~x~ ~~~~~~~ ~ooo-o~7 2 Of ~ CITY OFDELRAYBEACH CONSULTING SERVICE AUTHORIZATION DATE: 2/4/00 SERVICE AUTHORIZATION NO. CITY P.O. NO. c[5-O1 FOR CONSULTING SERVICES CITY EXPENSE CODE: ?70- .~l~ -~--z_~__ TITLE: 2000 Roadway Bond Program Northwest Area Infrastructure ImDrovements This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION The City's 1999/2000 Capital Improvement Program has identified several roadways in the northwest area of the City to have infrastructure improvements. This work includes such items as roadway improvements (reconstruction and/or resurfacing), drainage improvements, and water main improvements. The roadway segments included in this project and the improvements proposed are as follows: NW 1st Street- NW 11th Avenue to NW 3rd Avenue (2,630 I.f..-) · Roadway Improvement · Drainage Improvement · Water Main Upgrade NW 11th Avenue - Atlantic Avenue to NW 2nd Street (1,300 I.f. -,-) · Roadway Improvement · Drainage - Atlantic Avenue to NW 1st Street only - subject to City verification · Water Main Upgrade (no crossing of Atlantic Avenue) NW 9th · · Avenue - NW 1st Street to NW 2nd Street (730 I.f..-) Roadway Improvement Water Main Upgrade (continued) City of Delray Beach February 3, 2000 Page 2 I!. NW 7th Avenue - Atlantic Avenue to NW 3rd Street (1,950 I.f..,-) · Roadway Improvements - Atlantic Avenue to NW 2nd Street · Water Main Upgrade - NW 1st Street to NW 3rd Street (Note: repair only NW 2nd Street to NW 3rd Street) · Drainage Improvements - NW 1st Street to NW 2nd Street Trench NW 4th Avenue - Atlantic Avenue to NW 2nd Street (1,300 I.f. -~) · Roadway Improvements · Drainage Improvements .. NW 3rd Avenue - NW 2nd Street to NW 3rd Street (700 I.f. ~-) · Water Main Upgrade (trench repair only) Intersection Improvement - NW 2nd Street and NW 2nd Avenue · Roadway Improvements · Drainage Improvements NW 2nd Street - 1-95 to NW 14th Avenue (300 l.f. -,-) · Roadway Improvements · Drainage Improvements NE 4th Street - NE 6th Avenue to NE 7th Avenue (350 I.f. -,-) · Roadway Improvements · Drainage Improvements This project encompasses a total of approximately 9,260 linear feet of roadway and includes one (1) additional intersection. The scope of this Service Authorization is, but not limited to providing preliminary design services, survey services, final design, permitting and bidding services for the above improvements. SCOPE OF SERVICES Phase I - Study and Re_m3rt Phase Not Applicable (continued) City of Delray Beach February 3, 2000 Page 3 phase II - Preliminary Design Phase Consultant shall provide the following preliminary design phase services as outlined in Addendum No. 1 Article III.B. dated 6-15-99 of the Agreement for Genera Consulting Engineering Services with the City, dated June 15, 1999. A project scope meeting was held January 11, 2000 to establish the road segments and requirements noted above. No additional preliminary review of those items is required. ... Field reconnaissance of the roadway segments will be performed. Photograph log walk-through will be included. A copy of the digital photographs, both disk and hard copy will be provided and reviewed at the Preliminary Design Meeting. Coordination with utility agencies shall be performed to collect record information. This includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. During the preliminary design phase, the City will TV the sanitary sewer lines in the roadway segments identified to determine if repair and/or replacement is necessary. If it is determined that repairs are needed, the design of this will be included in the final design phase as outlined in the additional services section of this authorization. o During the preliminary design phase, the City will TV or visually inspect the drainage lines in the roadway segments identified to determine if repair and/or replacement is necessary. Consultant will coordinate with City to identify sections to be included in project and identify on base roadway plan (Note: This work is included in base fee determination). The preliminary roadway schematic will consist of the base plan/profile layout of the roadway segments utilizing the field survey data (refer to survey services section of authorization). The plan will indicate the road right-of-way information and existing features along the roadway corridor. During the preliminary design phase, the City will provide the drainage basin study and existing South Florida Water Management District permit data (criteria, calculations, and application information) for the Environmental Resource Permit being prepared for the project area by a consultant for the City (Kimley-Horn Drainage Analysis). This data will be reviewed and the construction activities, noted in that report as being required as part of this project, will be identified. (continued) City of Delray Beach February 4, 2000 Page 4 At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department (PBCHD), Florida Department of Transportation (FDOT), Lake Worth Drainage District (LWDD), and City of Delray Beach. A table listing the identified permitting agencies and associated permit fees shall be prepared and provded with the Preliminary Design. Five copies of the preliminary design (see items 2 and 6) will be'submitted for review by City. Consultant will conduct one preliminary design review meeting with the City following the preliminary design submittal. Comments received at this meeting will be incorporated into the project design and noted at the 50% design review meeting. Phase III - Final Deslan Phase Consultant shall 'provide the following final design phase services as outlined in Addendum No. 1 Article III.C. dated 6-15-99 of the Agreement for General Consulting Engineering Services with the City, dated June 15, 1999: 1. Consultant shall prepare construction drawings which shall include: A. Plan Preparation 1. Cover Sheet · Standard sheet layout from City 2. Typical Sections Plan and Profile · Scale 1' - 20' for plan · Scale 1' = 20' horizontal and 1" = 2' vertical for profile · Survey data base for layout (no aerial photography) · Sheet layout from City Standard Paving and Drainage Details · Standard City details as provided · ' Special details as necessary (continued) City of Delray Beach February 4, 2000 Page 5 Water Details · Standard City details as provided · Special details as necessary Signing and Striping Plan · Double plan sheets at 1' = 20' scale · Sign types per F.D.O.T. Index B. Drainage: 1. Drainage design will be based on the master surface water drainage system prepared for the City (by others). Pipe sizes will conform to the existing, be increased to largest size practical (limited to existing development constraints) or sized for a 5 yr rainfall event. 3. No separate drainage area maps or drainage structure sheets are included. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 14 format. Contract documents consisting of 'front-end' documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Consultant shall furnish digital copy of contract documents in Microsoft Office compatible format. City to provide copies of all standard documents to consultant in electronic data format for use in preparing this item. Drawings and specifications (four copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Consultant shall fumish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on CD. Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. (continued) City of Delray Beach February 4, 2000 Page 6 Phase IV - Biddin_efl~iegotiation Phase Consultant shall provide the following bidding/negotiation phase services as outlined in Addendum No. 1, Article III.D. dated 6-15-99 of the Agreement for General Consulting Engineering Services with the City dated June 15, 1999. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. Consultant shall attend the bid opening, shall prepare and furnish a digital copy of bid tabulation sheets in Microsoft Office compatible format, and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Phase V - Construction Administration Phase It is anticipated that the City will provide all of the construction, contract administration and final certification services required for this project. If requested by the City, the consultant (MBSA) will submit an addendum to this contract outlining any construction phase services that the City requests the consultant provide to assist in this phase of the project. Other - Survey Consultant shall include the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. The following details outline the necessary route surveying services to facilitate engineering design and reconstruction: (continued) City of Delray Beach February 4, 2000 Page 7 Be Establish horizontal control points through existing or apparent road right- of-ways to facilitate baseline control. Establish vertical control bench-mark elevation references through road right-of-ways. Elevations will be based on National Geodetic Vertical Datum 1929. Road locations, tie-in paving, curbs, curb cuts, islands, sidewalks and adjacent driveways. Utility locations, tie-in sanitary sewer manholes, cleanouts, catch basins, water valves, water meters, fire hydrants, utility poles, overhead lines, traffic control equipment and all other visible above ground utilities within or immediately adjacent to the existing road right-of-way lines. This will include notification to Sunshine for underground locations. Underground locations that the City determines necessary will be pot-holed by the City for location by the surveyor. This will be coordinated with the surveyor and provided in a timely fashion so as to not delay the survey progression. Miscellaneous locations, tie-in existing vegetation (trees) within or immediately adjacent to the existing right-of-way lines. Locate front face of existing buildings immediately adjacent to the existing right-of-way lines. Topography - Provide elevations at minimum 100' stationing intervals along with elevations on all road improvements, utilities, building floors and natural ground from fronts of buildings up to the right-of-way lines. Pipe inverts on storm sewer and sanitary manholes will be provided along with pipe diameter and material. Base sheet preparation - calculate and establish right-of-way corridors, including lot lines from existing record plat information. Identify base line control points, vertical control (benchmarks), road names, lot numbers, lot owners names and addresses and field data collected points of locations and elevations as outlined in previous Items C-F. Base sheet information will be computer generated to facilitate data transfer with engineering design staff. (continued) City of Delray Beach February 4, 2000 Page 8 The above topographical survey data will be prepared in AutoCAD (Version 14) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. The CAD drawing shall also include: · Location of soil borings ° Location of utility pot holing No separate survey drawing will be included. All data noted will be included on the engineering plan and profile sheets. .. At the start of the project, the City will supply name, address and legal (NAL) data for the adjacent properties along the project roadway segments. This information will be utilized by the surveyor in preparation of the base layout. Other - Permittina At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department (PBCHD), Florida Department of Transportation (FDOT), Lake Worth Drainage District (LWDD), and the City of Delray Beach. Permit applications shall be completed for SFWMD, PBCHD, FDOT, LWDD, and the City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit application. · Respond to request(s) for additional information from each agency. (continued) City of Delray Beach February 4, 2000 Page 9 Other - Geotechnical Services Consultant shall include the services of a professional geotechnical engineering company to provide soil reviews of the project site. This item is being provided by Dunkelberger Engineering and Testing, Inc. as a subconsultant to MBSA. The services provided will include the following: A. Start Up 1. Office coordination/utilities 2. Field layout. B. Field Exploration 1. Mobilization/traffic control. 2. Borings to depth of 10 ft. at 300' *- on center along roadway. C. Laboratory Testing 1. Soil classification of samples. 2. Sieve Analysis NOTE: No asphalt testing or base testing is included in this review. D. Report 1. Engineer's letter, results and boring logs. 2. Recommendations related to unsuitable materials if encountered. Additional Services Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage and roadway improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. (continued) City of Delray Beach February 4, 2000 Page 10 Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. · A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. · A time established for completion of the work. Based on items discussed at the January 11,2000 review meeting, it is anticipated that this item will include: A. Lot Surveys This item includes preparation of a boundary survey (including setting of property corners), obtaining general topographic data (lot elevations and location of any major features), and preparation of a survey drawing for vacant lots identified by the City for use as water management areas. B. Sewer Replacement As outlined in the initial project meeting (January 11, 2000), the City intends to review the existing sewer system in several of the project streets. If as a result of that investigation, it is determined that the sewer line needs replacing, that work will be added to the project scope and included in this item. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to- proceed). Engineering Services Time Per Phase Cumulative Time Phase II (~) 12 weeks 12 weeks Phase III (2) 18 weeks 30 weeks Phase IV 2 weeks 32 weeks (1) Survey will be prepared clu~ing Phase II lime beriocl. (2) Permits wll be prepared dunng Phase III time period. (continued) City of Delray Beach February 4, 2000 Page 11 IV. COMPENSATION The compensation for services provided shall be billed on a lump sum basis that will include all reasonable reimbursable expenses for each phase of work in accordance with Article VII, Method I of the Agreement for General Consulting Engineering Services with the City, dated June 15, 1999. Enoineerino Services Phase II - Preliminary Design Phase Phase III - Final Design Phase Phase IV - Bidding Phase Survey Services Geotechnical Engineering Services Permitting Out-of-Pocket Expenses Additional Services ~'~TAL PROJECT COST (1) Lum.D Sum Fee $32,000.00 $59,986.00 ., $ 1,692.00 $47,634.00 $ 5,730.00 (included in Phase III) (included in Phase cost) $22,ooo.oo $147,042.00 (2) Out.oI-Pockel Expenses include the lellowing: I:~i~reprnducflon and postage. (2) Total project cost does not include the ~122,000.00 lot Additional Se~nces (if aulhonzed by the City). As required in Article VII noted above, an estimated hourly breakdown of the cost, by roadway segment (including miscellaneous design and geotechnical services) is attached as Exhibit A-1 through A-10 and Exhibit B. (continued) City of Delray Beach February 4, 2000 Page 12 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on and Service Authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date:, Jay Alperin, Mayor MICHAEL B. SCHORAH & ASSOCIATES, INC. Date:... "~ I~Ick Roth, Jr., P.E., Senior Vice-President Attest: Approved as to Legal Sufficiency and Form Witn~~. (SEAL) Witne~'?~ /~, Attes~ ' ,~-~ STATE OF FLORIDA COUNTY OF PALM BEACH JOYCE KI~'~G EXPIRI~ APR 01, 31300 The foregoing._ ~n§trument.E.was,,acknowledged before me this ~'~-~Z day of--'~'. ~'~u~q~, 2000 by Frederick "Roth, Jr.,-15.E., SeniOr Vice- President of Michael B. Schorah and Associates, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me, and '.~t/take and oath. ,~ re ~f/pers0n tak~knowledgment -r x uJ X IAi 0 0 0 0 0 ~ ~ 0 0 0 0 0 ~ 0 0 0 E ~ ~ 0 0 0 ~ 0 0 0 ~ 0 0 0 ~ ~ 0 0 0 0 0 0 0 0 ~ 0 '0 m ~ o o o o o o o o ~ o o 0 o ~ W 0 ~ 0 ~ ~ 0 0 0 ~ 0 0 OI 0 ~ 0 0 I1' 0 ~= X UJ 'v' X W EXHIBIT 'B' GEOTECHNICAL SERVICES PERFORMED BY DUNKLEBERGER ENGINEERING AND TESTING, INC. The following is the fee breakdown for geotechnical services for this project. The basis is top soiling boring data for the project at a 300' (+) internal with a minimum of one (1) boring for each roadway segment. 1. Start-Up: 16.0 hrs. @ $40.00/hr = $640.00 2. Field Exploration:' · Mobilization/Traffic Control = $500.00 Borings - NWlstSteet = 8 NW 11th Ave = 4 NW 9th Avenue = 2 - NW7thAvenue -- 6 NW 4th Avenue = 4 - NW3rdAvenue = 2 - 2ndStJ2ndAve = 1 - NW2ndStreet = 1. - N.E. 4thStreet = I TOTAL = 29 @ 10' deep x $8.00/I.f. = $2,320.00 3. Laboratory Testing · Classifications: · Sieve Analysis: 6 hrs @ $70.00 10 Tests @ $40.00 = $420.00 = $400.00 4. Report and Soil Logs = $1,450.00 TOTAL = $5,730.00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM ~. (~ - REGULAR MEETING OF MARCH 7, 2000 CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/ACKERBLOM CONTRACTING (AQUIFER STORAGE & RECOVERY FACILITIES) MARCH 2, 2000 This is before the City Commission to approve closeout Change Order #2 in the amount of $3,692.00 with Ackerblom Contracting, Inc. for the Aqmfer Storage & Recovery Facilities project. The change order encompasses miscellaneous changes such as unit price quantaty adlustment for trench shoring, overhead and profit on pump allowance overage and backcharge for engineering observatton for pump reinstallation. All changes are itemized per Schedule "A" attached to the change order. Also requested is final payment in the amount of $11,571.97 to Ackerblom Contracting. The project is complete and has been respected and approved by staff. Funding will be from 441-5181-536-69.18 (W&S Transrmssion -Aquifer Storage & Recovery). Recommend approval of closeout Change Order #2 and the request for final payment to Ackerblom Contracting, Inc. for completion of the Aquifer Storage & Recovery Facilities prolect. Ref'Agmemol 6.Closeout. Ackerblom Contracting ASR Agenda Item No.: ~'. ~) AGENDA REQUEST Date: March 1, 2000 Request to be placed on: X Regular Agenda Special Agenda ~ Workshop Agenda When' March 7, 2000 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for Change Order #2, Final to Ackerblom Contracting, Inc. on the Aquifer Storage and Recovery Facilities (PN 93-55). It encompasses miscellaneous changes such as unit price quantity adjustment for trench shoring, overhead and profit on pump allowance overage and backcharge for engineering observation for pump re~nstallation. All changes are itemized per Schedule A attached to the Change Order Change Order #2, Final is for a net add of $3,692.00. Funding Source is 441-5181-536-69.18 (Aquifer Storage and Recovery Facilities) Approval is also requested to make final payment to Ackerblom in the amount of $11,571.97. A Contractor Performance Evaluation is attached for you review. ORDINANCE/RESOLUTION REQUIRED' YES/NO DRAFT ATTACHED YES~__.~ Recommendation Contracting. Department Head Signature' Staff Recommends approval of Change Order ~2, Final and Final Payment to Ackerblom ! Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (re/~rt~ on all items involving expenditure of funds): Funding available: (YES~J~IO Funding alternative~-'- (if a,~licable) Account No. & Description Account Balance ,~.~'/ ./~/~,/~ ~ ~/._.~/=2_/,,-27-) / City Manager Review: ~ Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /ageco2.doc Memorandum To: From: Date: Re: David T. Harden, City Manager Howard Wight, Dep Dir Construction Divi~~ /. March 1, 2000 Aquifer Storage and Recovery Facilities - Project 93-55 Closeout Change Order #2, Final and Final Payment Request Attached for Commission approval is an agenda request for Change Order #2, Final to ^ckerblom Contracting, Inc. on the above referenced Project. It encompasses miscellaneous changes such as unit price quantity adjustment for trench shoring, overhead and profit on pump allowance overage and backcharge for engineering observation for pump reinstallation. All changes are itemized per Schedule ^ attached to the Change Order. Change Order #2, Final is for a net add of $3,692.00. 536-69.18 (Aquifer Storage and Recovery Facilities). Funding Source is 441-5181- Approval is also requested to make final payment to Ackerblom in the amount of $11,571.97. A Contractor Performance Evaluation is attached for you review. File: Memo to City Manager 9355A :co2mem.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. TWO (2), Final PROJECT NO. 93-055 DATE: PROJECT TITLE: Aquifer Storage and Recovery Facilities TO CONTRACTOR: Ackerblom Contracting, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. _JUSTIFICATION: Miscellaneous plus/minus closeout item adjustment for the above referenced Project. Schedule A attached. Specific changes are per SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE/DECREASE THIS CHANGE ORDER + 5% TOTAL PER CENT INCREASE/DECREASE TO DATE +9 7% $ 721,622.00 $66,375.10 $787,997.10 $3,692.00 $791,689.10 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate, that the prices quoted are fair and reasonable and ~n proper ratio to the cost of the original won~ contracted for under benefit of cornpetibve b~dding for Ackerblom Contracting, Inc (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 441-5181-536-69.18 DEPARTMENT FUNDS BUDGETED CODE RECOMMEND: for Environmental Services By: DELRAY BEACH, FLORIDA By its City Commission Jay Alpedn, MAYOR APPROVED: City Attorney By' ATTEST. City Clerk \...\93-055\constrct\co2frm doc Aquifer Storage and Recovery (ASR) Well Surface Facilities PROJECT 93-055 Schedule A, C.O. #2 Final ' CONTRACT AS-BUiLT 3 =Trench Safety System a. 5 to 7 feet 60 ' LF ~ $50 00 $3,000 00 115 LS $50 00 $5,750 00 b. 7 to 10 feet 20 LF $70 00 $1,400 00 86 SY $70 00 $6,020 00 C. 10 feet + 20 LF $100.00 $2,000.00 0 LS $100 00 $0 00 1.3.2 Pump Allowance (15% OH and Profit for amount over Contract amount of $150K) * 0 LS $1,986 00 $0 00 1 , LS $1,986 00 $1,986 00 -- Ch2mHdl backcharge for pump re~nstallatlon observation (per attached) 0 LS ($3,664.00) $0.00 1 LF ($3,664 00) ($3,664.00) ~ ~~ $6,400.00 $10,092.00 ~ ($6,400.00) Net Add C. O. #2, Final $3,692.00 *Contract Allowance for Pumps and Column Pipe Actual amount per C O. #1 Overage OH and Profit per Gen Cond Sec 11.6 Addditonal for Item 1.3 2, C. O. #2 = ($150,000 00) = $163,240.00 $13,240.00 X 15.00% $1,986.00 10/05/99 TUE 10:53 FAX 95469860~0 CH2M HILL/DFB ~002 MEMORANDUM CH2MHILL Multiple Pump Installations at Delray Beach ASR Facility FROM: DATE: Howard Wight/Delray Beach David McNabb Ch:tober 5, 1999 Howard, As you m.-e ~ware, the recovery pump for the ASR well had to be installed three times as a result of pr0blerns with the pump. This resulted in out of scope services from CH2M HILL. The total co~{t for l~hese extra services is summarized below. Labc,r $3,464 Expe~mse $200 Tota t $3,664 ~ER.DOC MEMORANDUM TO: FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM MAYOR AND CITY COMMISSIONERS - REGULAR MEETING OF MARCH 7, 2000 ORDER #1 & FINAL PAYMENT/JAM-ROCK, CLOSEOUT CHANGE INC. (PINEAPPLE GROVE ENTRYWAY) DATE: MARCH 2, 2000 This is before the City Commission to approve closeout Change Order #1 in the net deduct amount of $12,881.50 with Jam-Rock, Inc. for the Pineapple Grove Entryway project. It encompasses miscellaneous as-built unit price quanuty adjustments. All changes are ~temized per Schedule "A" attached to the change order. Also requested is final payment in the amount of $2,321.48 to Jam-Rock, Inc. The project is complete and has been inspected and approved by staff. Funding will be from 334-6111-519-63.90 (General Construction Fund- Pineapple Grove Entry). Recommend approval of closeout Change Order #1 and the request for final payment to Jam-Rock, Inc. for complenon of the Pineapple Grove Entryway project. RefiAgmemol6.Closeout.Jam-Rock. Pmeapple Grove Entryway Agenda Item No.. ~',,~. AGENDA REQUEST Date: March 1, 2000 Request to be placed on: X Regular Agenda Special Agenda ~ Workshop Agenda When. March 7, 2000 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for Change Order #1, Final to Jam-Rock, Inc. on the Pineapple Grove Entry (PN 98-85) It encompasses miscellaneous as-built unit price quantity adjustments All changes are ~temized per Schedule A attached to the Change Order. Change Order #1, Final is a net deduct of $12,881.50. Funding Source is 334-6111-519-63.90- (Pineapple Grove Entry) Approval is also requested to make final payment to Jam-Rock, Inc. in the amount of $2,321.48. A Contractor Performance Evaluation is attached for you review. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/~IO/ Recommendation: Staff Recommends approval of Cl3an~e Order #1, Final and Final Payment to Ja/n-Rock Department Head ~ ~ Signature: . '~ -~.--o~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendabon (if applicable) Budget Director Review (re, Rui~ed on all items involving expenditure of funds): Funding available: E~NO Funding alternatives (if applicable) Account No. & Description Account Balance,~ '7,/)/~ City Manager Review: Approved for agenda: ~,~INO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved lagecol.doc Memorandum To: From: Date: Re: David T. Harden, City Manager /I Howard Wight, Dep Dir Construction Di March 1, 2000 Pineapple Grove Entry - Project 98-85 Closeout Change Order #1, Final and Final Payment Request Attached for Commission approval is an agenda request for Change Order #1, Final to Jam-Rock, Inc. on the above referenced Project. It encompasses miscellaneous as- built unit price quantity adjustments. All changes are itemized per Schedule A attached to the Change Order. Change Order #1, Final is for a net deduct of $12,881.50. Funding Source is 334- 6111-519-63.90- (Pineapple Grove Entry). Approval is also requested to make final payment to Jam-Rock, Inc. in the amount of $2,321.48. A Contractor Performance Evaluation is attached for you review. File: Memo to City Manager 9885A :colmem.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1), Final PROJECT NO. 98-85 DATE: PROJECT TITLE: Pineapple Grove Entry TO CONTRACTOR: Jam-Rock, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. _JUSTIFICATION: Miscellaneous plus/minus closeout item adjustment for the above referenced Project Schedule A attached Specific changes are per SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE/DECREASE THIS CHANGE ORDER -10.5% TOTAL PER CENT INCREASE/DECREASE TO DATE -10.5% $122,315.00 $0.00 $122,315.00 -$12,881.50 $109,433 50 CERTIFIED STATEMENT: I hereby cert~j that the supporting cost data included is, ~n my considered opinion, accurate, that the pdces quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding for Jam-Rock, Inc. (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER 441-5t81-536-69.18 (Pineapple Grove Entry) FUNDS BUDGETED CODE RECOMMEND: for Enwronmental Services By: DELRAY BEACH, FLORIDA By its City Commission Jay Alpedn, MAYOR APPROVED: By: ATTEST: \.. \93-055~constrct\co2frm.doc City Attorney City Clerk PINEAPPLE GROVE ENTRY Schedule A, Change Order #1, Final PROJECT 98-085 I LS $10,000 00 $10,000 00 3 1" Type S-3 Asphalt Oveday 3A Mdl exmting asphalt Type F Curb & Gutter Header Curb S~dewalk Pavers wi Bedding 6" Th~k Concrete S~dewalk Adjust Ex~stJng Downspout Drainage Inlet Connect Ex Downspout to Drainage P~pe Adjust Exlsbng Drainage Structure Pavement Markings & S~gnage 2 Adlust Ex~sbng Traffic Pull Box 13 8" DIP Water Mare 14 Relocate Fire Hydrant Assembly 15 8" Line Stop 16 8" Gate Valve 17 F~I & Flush Assembly 18 Sample Pmnt 19 Connect to Ex~stmg W M 20 Asphalt Trench Repair (Electrical) 21 Remove Existing 8" W M 22 Gateway Footing & Base 23 L~ghtmg 24 Phoemx Dactyiffera/"Med.~ooF Date Palm 18'-wood Matching Specimens 24A Phoemx DactylEera] "Medjool" Date Palm 12'-wood Matching Specimens 25 Fd~um Dec,pens/Japenese Fern Tree 12x6ff Matched Standards 26 Jasmine Volubde/Wax Jasmine 20"/3 gat :27 Planting Sods 28 Mulch !29 Tree Grates & Tree Gaurds 29A Tree Grates 30 Irngat~on Allowance 31 UblRy Allowance Contract Work cempleted by City forces 32 Video Allowance 33 Indemn~icat~on LS $750 00 $0 00 500 SY $800 $4,000 00 0 LS $1,500 00 $0 00 320 LF $15 00 $4,800 00 130 LF $2000 $2,600 00 3000 SF $3 00 $9,000 00 250 SF $3 50 $875 00 2 EA $500 00 $1,000 00 2 EA $500 00 $1,000 00 2 EA $1,500 00 $3,000 00 I LS $3,000 00 $3,000 00 I LS $100 00 $100 00 0 LF $125 00 $0 00 0 EA $2,500 00 $0 00 0 EA $1,500 00 $0 00 0 EA $815 00 $0 00 0 EA $1,200 00 $0 00 o EA $500 00 S0 00 0 EA $1,500 90 SO oo 0 LF $40O $0 00 0 LF $55 60 $0 00 I LS $4,000 00 $4,000 00 1 LS $41,400 00 $41,40000 2 EA $6,160 00 $12,320 00 0 EA $5,310 00 $0 00 6 EA $330 O0 $1,980 00 88 EA $11 00 $968 00 8 C Y $44 00 $352 00 12 C Y $55 00 $660 00 6 EA $2,000 00 $12,000 00 0 EA $1,450 00 $0 00 1 LS $3,500 00 $3,500 00' 1 LS $2,500 00 $2,500 00 0 LS ($3,661 00) $000I 1 LS $250 00 $250 00 I LS $10 O0 $10 00 $122,315.00 1 LS $3,000 00 $3,000 00 1 LS $10,000 00 $10,000 00 1 LS $750 00 $750 00 440 SY $8 00 $3,520 00 1 LS $1,500 00 $1,500 00 267 LF $15 00 $4,005 00 270 LF $20.00 $5,400 00 3000 SF $3 00 $9,000 00 207 SF $3 50 $724 50 2 EA $500 00 $t,000 00 2 EA $500 00 $1,000 00 2 EA $1,500 00 $3,000 00 0 LS $3,000 00 $0 00 1 LS $100 00 $100 00 0 LF $125 00 $0 00 0 EA $2,500 00 $0 00 0 F_..A $1,500 00 $0 00 0 F_~ $815 00 $0 00 0 EA $1,200 00 $0 00 0 EA $500 00 $0 00 0 EA $1,500 00 $0 00 15 LF $400 $60 00 0 LF $55 60 $0 00 I LS $4,000 00 $4,000 00 I LS $41,400 00 $41,400 00 0 EA $6,160 00 $0 00 2 EA $5,310 00 $10,620 00 6 EA $330 00 $1,980 00 88 EA $11 00 $968 00 8 C Y $44 00 $352 00 5 C Y $55 00 $275 00 0 EA $2,000 00 $0 00 6 EA $1,450 00 $8,700 00 0 43 LS $3,500 00 $1,500 00 0 LS $2,500 00 $0 00 1 LS ($3,681 00) ($3,681 00) 1 LS $250 00 $250 00 I LS $10 00 $10 00 $109,433.$0 PINEAPPLE GROVE ENTRY Pay Requisition ~5, Final PROJECT 98-085 'CONTRACT 1 Maintenance of Traffic 1 LS 2 Demohbon & Cleanng 1 LS 2A Tree Removal 0 LS 3 1" Type S-3 Asphalt Overlay 500 SY 3A M~II ex~sbng asphalt 0 LS Type F Curb & Gutter 320 LF Header Curb 130 LF S~dewalk Pavers w/Bedding 3000 SF 6" Thick Concrete Sidewalk 250 SF Adjust Ex~sbng Downspout Drainage inlet 2 EA Connect Ex Downspout to Drainage P~po 2 EA 0 Adjust Exmbng Drmnage Structure 2 EA 11 Pavement Markings & S~gnage I LS 12 AdJust Ex~stmg Traffic Pull Box 1 LS 13 8" DIP Water Ma~n 0 LF 14 Relocate Fire Hydrant Assembly 0 EA 15 8" Line Stop 0 EA 16 8" Gate Valve 0 EA 17 F~II & Flush Assembly 0 EA 18 Sample Point 0 EA 19 Connect to Ex~stmg W M 0 EA 20 Asphalt Trench Repair (Electncal) 0 LF 21 Remove Ex~sbng 8" W M 0 LF 22 Gateway Footing & Base I LS 23 bghbng I LS 24 Phoemx DactyiffersY "Medjool" Date Palm 2 EA 18'-wood Matching Specimens 24A Phoemx DacbJlmfera/"MedJool" Date Palm 0 EA 12'-wood Match~ng Specimens 25 Ffl~c~um Dec,pens/Japenese Fern Tree 6 EA 12x6ff Matched Standards 26 Jasmine Volub~le/Wax Jasmine 88 EA 20"/3 gal 27 Planting Softs 8 C Y 28 Mulch 12 C Y 29 Tree Grates & Tree Gaurds 6 EA 29A Tree Grates 0 EA 30 Imgabon Allowance 1 LS 31 U bl~'y Allowance I LS Contract Work completed by Cmty forces 0 LS 32 V~deo Allowance I LS 33 Indemmficehon 1 LS $3,000 00 $3,000 00 $10,000 00 $10,000 00 $75O 00 $0 00 $8 00 $4,000 00 $1,500 00 $0 00 $15 00 $4,800 00 $20 00 $2,600 00 $3 00 $9,000 00 $3 50 $875 00 $500 00 $1,000 00 $500 00 $1,000 00 $1,500 00 $3,000 00 $3,000 00 $3,000 00 $100 O0 $100 O0 $125 00 $0 00 $2,500 00 $0 00 $1,500 O0 $0 O0 $815 oo $o.oo $1,2oo oo $o oo $5oo oo $o oo $1,500 O0 $5 O0 $4 O0 $0 O0 $55 80 $0 oo $4,000 00 $4,000 00 $41,400 00 $41,400 00 $6,160 00 $12,320 00 $5,310 00 $0 00 $330 00 $1,980 00 $11 00 $968 00 $44 00 $352 00 $55 00 $660 00 $2,000 00 $12,000 00 $I,450 00 $0 O0 $3,500 00 $3,500 00 $2,500 00 $2,500 00 ($3,681 00) $o oo $25o.oo $250.00 $1o oo $1o oo $122,31 $.00 TO DATE I LS $3,000 O0 $3,000 O0 1 LS $10,000 00 $10,000 00 1 LS $750 00 $750 00 440 SY $8.00 $3,520 00 1 LS $1,50000 $1,50000 267 LF $15 00 $4,005 00 270 LF $20 00 $5,400 00 3000 SF $3 00 $9,000 00 207 SF $3 50 $72450 2 EA $500 00 $1,000 00 2 EA $500 00 $1,000 00 2 EA $1,500 00 $3,000 00 0 LS $5,000 O0 $000 1 LS $100 00 $100.00 0 LF $125 00 $0 00 0 EA $2,500 00 $0 00 0 EA $1,500 00 $0 00 0 EA $815 O0 $0 O0 0 EA $1,200 00 $0 00 0 EA $500 00 $0 00 0 EA $1,500 00 $0 00 15 LF $4O0 $60 00 0 LF $55 60 $0 00 1 LS $4,000 00 $4,000 00 I LS $41,400 O0 $41,400 O0 0 EA $6,160 00 $0 00 2 EA $5,310 00 $10,620 00 6 EA $330 00 $1,980 00 88 EA $11 00 $968 00 8 C Y $4400 $352 00 5 C Y $55 00 $275 00 0 EA $2,000 00 $0 00 6 EA $1,450 O0 $8,700 00 043 LS $3,500 00 $1,500 00 0 LS $2,500 00 $0 00 I LS ($3,681 00) ($3,681 001 1 LS $250 00 $250 00 1 LS $10 00 $10 00 $109,433.50 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM ~ .--~ - REGULAR MEETING OF MARCH 7, 2000 FINAL PAYMENT/MASTER CONTRACTORS, INC. (KNOWLES PARK BOAT RAMP) MARCH 2, 2000 This is before the City Commission to approve final payment m the amount of $11,036.20 to Master Contractors, Inc. for completion of the Knowles Park boat ramp, restrooms and nature boardwalk project. The work has been reviewed and approved by staff. Funding will be from 334-4179-572-63.90 (General Construction Fund - Knowles Park). Recommend approval of final payment to Master Contractors, Inc. RefiAgmemol 1.FmalPayment. Master Contractors. Knowles Park Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Agenda Item No. ~. ,5' Date: February 29, 2000 When: March 7, 2000 Description of item (who, what, where, how much): Staff request the City Commission approve final payment in the amount of $'11,036.20 to Master Contractors, Inc. for completion of the Knowles Park Boat Ramp, Restrooms and Nature Boardwalk (PN 96-61). Funding is available from account 334-4179-572-63.90, (Knowles Park). A Contractor Evaluation Form is attached for your review. ORDINANCE/RESOLUTION REQUIRED. Not required. Recommendation: Staff recommends the City Commission approve the Final Payment to Master Contractors, Inc. ~~ ,~. ~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r,9~i~d on all items involving expenditure of funds): Funding availablet~YES~NO Funding altemative's-'(if appli~.a-~le).-~ ...... Account No. & Description Account Balance ~5~/~ ~, ~' d_..o z~ J.//o3)/~ ~,) . City Manager Review: ' '/~v,/ (~ -- Approved for agenda: 'E~S,~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\ ~:)61~agreq-030700 Memorandum To: From: Date: Re: David T. Harden, City Manager Howard Wight, Dep Dir Construction Di~li6~ // March 1, 2000 Knowles Park Boat Ramp, Restrooms and Nature Boardwalk - Project 96-61 Final Payment Request Attached is an Agenda Request for City Commission to approve a final payment in the amount of $11,036.20 to Master Contractors, Inc. for completion of the above referenced project. Funding is available from account 334-4179-572-63.90, (Knowles Park). A Contractor Evaluation Form is attached for your review. Joe Weldon; Director of Parks and Recreation Brian Shutt, Asst City Attorney File 96-6 I(A) s\ .\96-61~agmem030700 o Z :~,~ ~00 ~ · ~.~ B~O ~0~ O~ ~ 0 Z Z FINAL RECEIPT STATE 0P FLORIDA COUNTY OF a ~(_) ~ E_-~i. being first duly owom, deposes and ouyo ~ follow: f~{O ~:~ co~orafion w~ch is n~ed ~ Co~ction Con~t ~t~ day of J~ .... 2~J beaten s~d m¢orafion ~ ~c CONTRACTOR and the CITY OF DELP..AY BEACH, FLOKIDA (the CITY) zs the OWN-ER for the construction of: KNO~VLES PARK BOAT RAMP RESTROOMS & NATURE BOARDWALK CITY OF DELRAY BEACH PROJECT NO, 96-61 2. CONTRACTOK has fully completed all construction and work under thc Contract and Title to all work, materials and equ/pment under the Contract passes to the CI 1' Y at thc '[.im¢ Of final paymemt, free and clear of all liens, and all labors, and material men and subcontractors have been paid in full for performing or furnishing the work, labor or materials under the 3. K¢c¢ipt by CONTKACTOK of ~e final paymen~ from CiTY in thc amount of $ ~ ~ t 0 'B ~': Z(15 shall constitute a full release and discharge by CONTRACTOR to thc CITY of all clzims or l/ohS of CONTP, ACTOR aga/nst O~v'NEP,. ar/sing out of, connected ~th: or re~ult/ng from performance of the Contract, [vc. lt~ding filll p,~yment far ,~ll e.x'l~ wnrk and material furnished by thc undersigned in the construction of said improvements. 4. CONTRACTOR acknowledges that the signing of this Final R~-.~ipt and receipt of the final payment does not cons~tute an accord and satisfaction or waiver or release from any claim or lawsuit that the CITY may have a~ainst CONTRACTOR due to a known or -,known condition. As the CONTRACTOK is aware the flexible boat tamp, constructed and installed by CONTIL~CTOK, h~ now been removed due to defects v. ud/or inadequacies in the de~i~n and/or construction of the boat ramp including but not limited too issues concerning subsurface and/or subgrad¢ inadequacies. 'lqq'~ CITY RESERVES ALL OF ITS RIGHTS TO SEEK DAMAGES T]I]gRFORE AND FOR ANY OTIqF. R LATENT OR PATENT DEFECTS. 5. The undersigned further certifies that all non-exempt t~ez impo;ed by Cl'mpter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. 713.06, Florida Statute. Signed and sealed in Sworn to and subscribed before me this ~~ of under oa~ is given ~complian¢o wi(~ections 71.3.05 and Signature Title .200. Notary Public- Sta~e of Florida My Co*~m{~giOn ~,v,XO~C' c(~L W. DAVIS · ~ c~ ON #~C611126 ,-, ~ EXPIRES JAN o I, 2001 ~:)'~ BONDED THROUGH OFF~ ATLANTIC BONDING CO MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~TY MANAGER AGENDA ITEM ~-"T- - REGULAR MEETING OF MARCH 7, 2000 FINAL PAYMENT/ANDREA CONSTRUCTION COMPANY (WATER TREATMENT PLANT ELEVATED WALKWAY) MARCH 2, 2000 This is before the City Commission to approve final payment m the amount of $569.70 to Andrea Constructton Company for completton of the Water Treatment Plant elevated walkway mochfications project. The contract consisted of fabricating and installing apprommately 40 linear feet of elevated walkway connecting the clarifier deck to the roof of the hme bmldmg. The project is complete and all warranty documentation has been received. Funding ~s available from 441-5161-536-63.79 (Water Treatment Plant - Lime Builchng Walkway). Recommend approval of final payment to Andrea Construction Company. Ref:Agmemol 1.FinalPayment Andrea Construcuon WIT Elevated Walkway Agenda Item No. Request to be placed on: AGENDA REQUEST Date: February 29, 2000 X Regular Agenda Special Agenda Workshop Agenda When: March 7, 2000 Description of item (who, what, where, how much): Staff request the City Commission approve final payment in the amount of $569.70 to the construction contract with Andrea Construction Company, Inc. for completion of elevated walkways at the Water Treatment Plant, from the clarifier deck to the lime building roof Funding is available from the Water treatment Plant Lime Building Walkways, account No. 441-5161-536-63.79. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve the Final Payment to the construction contract with Andrea Construction Company, Inc. for completion elevated walkways at the Water Treatment Plant. ~~~__~ [~ Department head signature: _ . Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r~l~i~ on all items involving expenditure of funds): Funding available( YES/~IO Funding alternativL~-tlf appli~-'~'l~ Account No. & Description 441-5161-536-63.79; VV'I'P Lime Building Walkways Account Balance ~ /~, /~,0 ~ ~ ,.~,2.,JO-~ ~ ~ ¢.~ ' City Manager Review: " ~'~ U / / Approved for agenda:~,~/NO IZ~>j_ ~_ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved $ \.. ~99065~agreq-030700 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Victor Majtenyi Assistant Construction Manager February 28, 2000 AGENDA REQUEST for 03/07/2000 W.T.P. Elevated Walkway Modifications/Final Payment Project No. 99-065 Attached is an Agenda Request for City Commission to approve a final payment in the amount of $569.70 to Andrea Construction Company for completion of the Water Treatment Plant Elevated Walkway Modification project. The contract award of $28,485.00 for this project consisted of fabricating and installing approximately 40If of elevated walkway connecting the clarifier deck to the roof of the lime building. The project is complete and all warranty documentation received. Staff recommends the City Commission approve final payment in the amount of $569.70 to Andrea Construction Company for the completion of the W.T.P. Elevated Walkway Modifications project. Funding is available from account 441-5161-536-63.79, WTP Lime Building Walkway. CC' Dick Hasko; Director of ESD Dan Beatty; Deputy Director of Pubic Uflhties, ESD Howard W~ght, Deputy Director of Construction, ESD File 99-065(A) s\ .\99-065~agmem030700 . r MEMORANDUM TO: THROUGH: FROM: RE: DATE: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT NANCY DAVILA, HORTICULTURIST FDOT MAINTENANCE AGREEMENT FOR INTERCHANGES AT 1-95 & ATLANTIC AVE. & LINTON BLVD & LAKE IDA PARK BUFFER JANUARY 13, 2000 ITEM BEFORE THE COMMISSION: The item before the Commission is the approval of the Highway Beautification and Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Delray Beach regarding the maintenance of the landscaping proposed in conjunction with the reconfiguration of the ]-95 Interchanges at both Linton Boulevard and Atlantic Avenue. The maintenance agreement also includes the proposed buffer within the 1-95 right-of-way adjacent to Lake Ida Park. BACKGROUND: The FDOT will begin consWuetion on the reconfiguration of the 1-95 interchanges at both Linton Boulevard and Atlantic Avenue as part of the High Occupancy Vehicle (HOV) lane expansion within the next few months. Essentially all of the existing landscaping will be removed and the interchanges completely regraded and reconfigured. Irrigation and Landscaping are included in the FDOT's scope of work. The City is currently party to a similar agreement, which was approved in 1989 when the City landscaped the interchanges. The new agreement will supersede the previous agreement and also expand the areas to be maintained by the City. The new areas include the landscape buffer which will be installed adjacent to Lake Ida Park, and will also include landscaping along the embankments to the overpasses at SW 10th Street and Lake Ida Road. RECOMMENDATION: Staff recommends the City Commission give favorable consideration to the approval of the Highway Beautification and Maintenance Memorandum of Agreement between FDOT and the City of Dekay Beach, which will require the City to maintain the landscaping at the interchanges at 1-95/Linton Boulevard, 1-95/ Atlantic Avenue as well as the overpasses at Sw 10th Street and Lake Ida Road, and the landscaping adjacent to Lake Ida Park, within the 1-95 right-of-way. RESOLUTION NO. 7-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE HIGHWAY BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR MAINTENANCE BY THE CITY OF DFJ,RAY BEACH OF LANDSCAPE IMPROVEMENTS TO BE INST_AI J,ED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION AS PART OF THE DEPARTMENT'S STATE ROAD 9 (INTERSTATE-95) IMPROVEMENT PROJECT, FROM LINTON BOULEVARD NORTH TO THE L-30 CANAL, AS MORE PARTICULARLY DESCRIBED WITHIN SAID HIGHWAY BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF AGREEMENT. WHEREAS, the State of Horida Department of Transportation (Department), as part of the continual updating of the State of Florida Highway System, intends to install or cause to be installed landscaping on State Road 9 (Interstate-95) from Linton Boulevard north to the L-30 Canal (the Project) as specified in plans and specifications for said project; and WHEREAS, the City of Delray Beach, Florida, agrees to maintain the landscaping within the medians and areas outside the travel way to the right-of-way line in accordance w~th the DepatLinent's landscape safety and plant care guidelines; and WHEREAS, the City Commission of the City of Dekay Beach desixes to enter into the Highway Beautification and Maintenance Memorandum of Agreement, hereby approves same and authorizes the execution thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above axe hereby incorporated as if fully set forth herein. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session o.~_ 's th~h, 2000. City Clerk ff - - JEB BUSH GOVERNOR Florida Departmen of Transportation DISTRICT 4 CONSULTANT- MANAGEMENT OFFICE 3400 W. Commercial Blvd., Fort Imuderdale, FL 33309-3421 Tdephone: (954) 777-4656 Fax: (954) 777-4634 December 9, 1999 Ms..Nancy Davila City-of_Delray Beach-Horticulturist 100 NW ~;Avenue Delray Beachi-Florida 33444 THOMAS E BARRY, JR. SECRETARY Dear Ms. Dav-xla: SUBJECT: Final LandscaDe Plans Design of the HOV-Lanes & Roadway Improvements, S. of Linton Blvd. To The LWDD (L-30) Canal. State Road No. 9 (I-95) F.M. No. 231916-1-52-01 W.P.I~ No. 4147553 ~State Project No.-93220~3503 F.A.P. No. NH-95-1(512)I Palm Beach County As per your request we are sending you 2 sets of the final plans for Landscaping on this project for the coordination of the Maintenance Agreement. Please note that this project is scheduled for April 2000 Bid letting, there this Maintenance Agreement is needed as soon as possible. If you have any questions or need any additional information, please contact me at (954)777-4445. Sincerely, Henry Oaikhena, P.E. Project Manager cc: Carl Higgins, Perla Medina-Kinne, Mary Conway. www. dot. stat e.fl. u s (~ RECYCLED PARER Florida Department of Transportation JEs StJSH DISTRICT MAINTENANCE - DISTRICT 4 THOMAS F. BARRY, JR. GOVERNOR SECRETARY ~ We,! Commercial Bou]~v,~, Fort lmu~er~&le, Flotilla 33309-3421 Tdq~hone: (954.) 7774200 F,.x: (954) 7774~23 November 24, 1999 Ms. Nancy Reinhart Davila Horticulturist/Special Project Coordinator 100 N.W. - 1 st Avenue Defiay Beach,V3444 Dear Ms. ~/v~a: ~/ RE: Maintenance Memorandums of Agreement for 1-95 from Linton Boulevard north to the L-30 Canal. Enclosed are the Maintenance Memorandums of Agreement for subject area that need to be executed by the City and returned to me for execution by the Department. Upon execution by the Department one copy will be returned to you for the City's files. Also, as previously discussed, the City wanted to relocate the large oak tree on the southeast comer ofi-95 and Linton Boulevard so as not lo be impacted by the new construction. If this is still the desire of the City please let me know so that the Department and the City can make the necessary arrangements. The Department is still willing to fund the cost of the relocation but the cost should be agreed to prior to any work commencing. Also, this is almost the time frame that the tree needs to be prepared for the move. The landscape materials, at the two interchanges, that will be removed for the new construction may be relocatd by the City prior to the start of the project. If the City desires to relocate any of this material, I would like to have a list of the materials that would be relocated so that I may make arrangements with the County to relocate any materials that may not be relocated by the City. The relocated sites are not a concern of the Department as long as the plant materials remain on public lands. Should you have any questions, please call me at (954) 777-4219. Thank you. Carl B. Hig~n~, ASLA Landscape Architect CBH/c Enclosure www.dot.state.fl.us ~ I:tECYCLED P.,~,PER 12/21/99 ~ 16:39 FKI 561 278 4755 DEL BCH CTY A'I~ ~ COM. IMPROVE~IEN ~001 £1TY UF DELRR¥ BEg[H CiTY ATTORNEY'S OFFICE DEL ~.1,¥ BEACH 1993 200 NW 1st AVEI~UE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 FAX TRANSMITrAL LETTER DATE: December 21, 1999 TO: FROM: Nancy Davila Brian Shutt PAGES: 1 CITY ATTORNEY'S OFFICE CITY OF DELKAY BEACH, FLORIDA IF A.NY OF THE PAGES ARE NOT CLEARLY RECEIVED, PLEASE CALL (561) 243-7090 IMMEDIATELY. COM2v[E]q'I'S: Replace Paragraph 13 with the following: "This Agreement shall be construed in accordance with the laws of the State of Florida. In the event of any conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION and MAINTENANCE MEMORANDUM OF AGREEMENT DSF-MAINTENANCE THIS AGREEMENT, made and entered into this ~ day of 19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY of DELRAY BEACH, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY". WITNESSETH: WI-IEREAS~ part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a six (6) lane highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and V~rltEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary replanting; and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement desi~ating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated ., 1 9 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW TItEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The DEPARTMENT hereby agrees to in.qall or Cause to be installed landscaping on the highway facilities as specified in plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit "B" The AGENCY, agrees to maintain the landscaping within the medians and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape/turfedareas and areas covered with interlocking pavers or similar type surfacing 0aardscape) within the median and areas outside the travel way to the right of way line, excluding sidewalk, on Department of Transportation right-of- way within the limits of the Project. Such maintenanceto be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such pans thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the of AGENCY, to place said AGENCY on notice thereof. Thereafterthe AGENCY shall have a period of ~hirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Maintain the landscaping or a part thereof, with Department or contractor' spersonnel and invoice the AGENCY for expenses incurred, or Co) Terminate the Agreement in accordance w/th Paragraph 6 of this Agreement and remove, by Department or contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or 2 otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the Department may remove same. o The Department agrees to enter into a contract for the installation of landscape project for an amount not to exceed $ 2,200,000 as defined in Attachment "C". The Deparmaent'sparticipafionin the project cost, as described in Attachment"C" is limited to only those items which are directly related to this project. The agencies landscape architect or designee shall assist the Department in final inspection and provide written acceptance of the Project. o The AGENCY agjees to reimburse the Department all monies expended for the project, should the landscaped area fail to be maintained in accordance w/th the terms and conditions of this Agreement. 7. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. CO) By the Department, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subjeet to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8. The term of this Agreement commences upon execution. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Deparanent, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this agreement, or due to the failure of the AGENCYto maintain the Project in conformancewith the standards des. cribed in Section 2 of this Agreement 10. The AGENCY may comet additional landscaping within the limits of the rights-of-ways identified as a result of this document, subject to the following conditions: (a) Plan~ for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. Co) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; 3 11. 12. 13. 14. 15. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the Department resulting from the installation of landscaping added under this item. This writing embodies the entire agreement and understandingbetween the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. The Department, during any fiscal year, shall not expend money, incur and liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract The Department shall require a statement fi-om the Comptroller of the DeparUnentthat funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. This Agreement may not be without the consent of the Del This Agreement shall be gov~ of Florida. In the event of a ex): laws of Florida shall prevail. whole or part aws of the State Florida law, the 4 IN V~rITNESS WI-IEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:. By: Chairperson District Secretary Attest: .(SEAL) Attest:. (SEAL) Clerk Executive Secretary Approval as to Date Approval as to Date Form Form .81/31/2888 13:12 954-777-4223 FIX]T DIST MAINT PAGE 82 JOB NO.: 93220-3503 FIN NO: _23191615201 COUNTY: PALM BEACH S.R. NO.: ~1 EXHIBIT "A" PROJECT LOCATION. State Road 9 0-95) from Linton Boulevard north to L-30 Canal NOTE: The City of Delary Beach will only be responsible for the maintenance of the landscape materials and irrigation system along State Road 806 (Atlantic Avenue) and Linton Boulevard within the limits of State Road 9 (I-95) and any landscape improvements within the limited access right- of-way. The plant material placed on the overpass enbankments and the large machine mowing of the infields shall be the responsibility of the Department of Transportation. 6 SECTION NO.: FIN NO: COUNTY: S.R. NO.: ~3220-3503 23191615201 Palm Beach EXHIBIT "B' The Department agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans. SECTION NO.:93220-3503 FIN NO: 23191615201 COUNTY: Palm Beach S.R. NO.: 9 ATTACHMENT "C" (GENERAl) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. PROJECT COST: $ 2.200.000.00 C ~P~M~N'~DST.MAI(~ ?~,$) [lTV OF I]ELRI:I¥ BEI:I[H DELRAY BEACH 100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 NI-AmedcaC~ TO: 993 David Harden City Manager FROM: Tim Simmons Acting Parks Superintendent THROUGH: Joe Weldon~ Director of~Parks and Recreation SUBJECT: D.O.T. Maintenance Costs DATE: February 28, 2000 The following is a breakdown of our maintenance costs for the pending D.O.T. landscaping projects for Class C type maintenance. Class C: Moderate level maintenance associated with locations with moderate to low levels of development of visitations such as secondary public facilities, medians, traffic islands, etc. Buffer Zone Along Lake Ida Trim and Weed Fertilize Trim Sable Palms Trim Hardwoods 720 man-hours 48 man-hours 56 man-hours 12 man-hours $7,660.80 510.72 595.84 127.68 Class C - Total Cost $8,895.04 Atlantic Avenue Interchange Mowing Trim and Weed Fertilize Trim Sable Palms Trim Hardwoods Mulch 60 man-hours 384 man-hours 48 man-hours 76 man-hours 32 man-hours 72 man-hours Class C - Total Cost $7,150.08 $638.40 4,085.76 510.72 808.64 340.48 766.08 THE EFFORT ALWAYS MATTERS Recycled P~oer Linton Boulevard Interchange Mowing Trim and Weed Fertilize Trim Sable Palms Trim Hardwoods Mulch 60 man-hours 384 man-hours 35 man-hours 100 man-hours 33 man-hours 72 man-hours Class C - Total Cost $7,277.76 $638.40 4,085.76 372.40 1,064.00 351.12 766.08 The total cost for all three (3) areas if done in-house is $23,322.88. Tim Simmons Acting Parks Superintendent cc: Joe Weldon Director of Parks and Recreation TS:cp Ref:tsdhdot MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM ~. ~t.. REGULAR MEETING OF MARCH 7, 2000 RESOLUTION NO. 18-00 IN SUPPORT OF "FLORIDA CITIZENSHIP AND LEADERSHIP DAY" MARCH 1, 2000 On March 10, 2000, former Governor LeRoy Collins' birthday, the state will honor both his spirit and his example as a great Floridian by declaring his birthday "Florida Citizenship and Leadership Day". This will be the state's opportunity to honor those citizens that help Florida grow, prosper and flourish through active involvement and leadership. The Florida League of Cities supports this event and is encouraging its members to adopt a resolution recognizing and commemorating "Florida Citizenship and Leadership Day". Once approved, a copy of the resolution will be mailed to the Florida League of C~ties for Dekay Beach to be recognized as a participating city. Recommend approval of Resolution No. 18-00. Refakgmemol.Resl 8-00.Florida Citizenship & Leadership Day RESOLUTION NO. 18-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AN ANNUAL "FLORIDA CITIZENSHIP AND I.EADERSHIP DAY", COMMENCING ON MARCH 10, 2000. State; and WHEREAS, the cinzens of the City of Dekay Beach are the assets, government and heart of the Sunshine WHEREAS, as citizens and leaders, we each can make a contribution to the betterment of the entire community and city tn which we live as we enter the 21st Century; and WHEREAS, grassroots participatory democracy which fosters posttive commumty engagement and community building, locally to globally, is both a fight and responstbility of each Dekay Beach cmzen; and WHEREAS, a grassroots approach and initmtive for an annual Florida Citizenship and Leadership Day would foster creative solutions to governmental and community ~ssues and recognize those mclixaduals and groups who have contributed to those solutions; and WHEREAS, "Florida Citizenship and Leadership Day" would provide a umque opportunity to explore Delray Beach's best practices and programs renting to governmental and commumty issues; and WHEREAS, there is a need to redefine and enhance the concept and practical applications of c~tizenship and leadership tn today's challenging times, especially as we enter the 21't Century; and WHEREAS, the mission, purpose and goal of "Florida C~tizenship and Leadership Day" is to foster, highlight, express apprecmtion for, and reward posittve contnbuttons and imtiatives in a variety of citizenship and leadership endeavors in both the private sector and the public sector; and WHEREAS, in choosing a date on which to hold "Florida Citizenship and Leadership Day", the designation of March l0th, the birthdate of former Florida Governor LeRoy Collins, recogmzed as "Flondian of the Century" m 1991 by the Florida Legislature, will serve as an inspiration and reminder of the high levels of aspiration and achievement set by former Governor Collins, and WHEREAS, it is fitting and appropriate that the City of Delray Beach supports the observance of "Florida Citizenship and Leadership Day". 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 Delray Beach hereby supports the estabhshment of an annual UFLORIDA ClTIZENSHIP ~r29 LR/IDER$I~IP DAF; commencing on Match 10, 2000. PASSED AND ADOPTED in regular session on this the 7th day,49f Marc~h~,~002 City-~ied ' MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Ken Thomas, Community Development Coordinator Lula Butler, Community Improvement Director ~) March 1, 2000 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to two eligible applicants under the Delray Beach Renaissance Program. These subsidies represent the 98t~ and 99m homeownership assistance grants provided under the City's Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund subsidies for two eligible applicants of the following properties: (New Construction) xxx SW 5th Avenue (Lots 13 & 14, Block 3 Rosement Park) $18,750.00 (New Construction) 231 NW 14th Avenue (Lot 17, Block "A" Carver Memoral Park Sub.) $21,500.00 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Evette Houston PROPERTY ADDRESS LEGAL DESCRPTION xxx SW 5th Avenue, Delray Beach Lots 13 & 14, Block 3 Rosemont Park, PB 13, PG 60 % OF AREA MEDIAN HOUSEHOLD INCOME 58% COST OF CONSTRUCTION: . $74,550 COST OF EXISTING UNIT: N/A Non-Profit Developer's Fee $3,000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 73,000.00 RATE 7.50 % LTV 87 % SECOND MORTGAGE $ THIRD MORTGAGE $ 18,750.00 $ GRANT $ NO. IN HOUSEHOLD 2 COST OF LOT $10,000 (including rehabilitation costs) Community Finance Consortium Ci_ty of Delray, HOME City of Delray, SHIP CRA of Delray Housing Authority Federal Home Loan Bank HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $ 3,200.00 Estimated Closing Costs (Lender 1003) $ 2,692.00 TOTAL TRANSACTION $ 90~442.00 Estimated cash from/to borrower (Lender 1003) $ 1,692.00 (2% of deal) SW AUBURN ClRCL~E~ ~R'~ '~ HAITIAN CA THOLIC CHURCH DELRA Y BEACH MEMORIAL GARDENS S,W. 4TH II S w 6TH ST. S W 7TH ST ~o S W 8TH S W 9TH MERRI TT DRUG ABUSE FOUNDA~ON OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX WA TER TREA TMEN T PLANT S w 6TH ST 7TH ST SW S W 8TH ST S W 8TH COURT S W 9TH CT PINE GROVE EL EMEN TAR Y SCHOOL lOTH STREET N CITY OFDELRAYBEACH. FL PLANNING ~ZONINGOEPARTMENT 12-43-46-20-14-003-0130 LOT 13 & 14, BLOCK 3 ROSEMONT PARK SUBDIVISION -- DI$1~AL BAS£ MAP SYSTEM -- DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 67.00 NAME Immaculee and Matelie Dorvil PROPERTY ADDRESS 231 NW 14th Avenue, Delray Beach LEGAL DESCRPTION Lot 17, Block "A" Carver Memorial Park Sub., PB 20, PG 56 % OF AREA MEDIAN HOUSEHOLD INCOME 53% NO. COST OF CONSTRUCTION: COST OF EXISTING UNIT: Non-Profit Developer's Fee $3,000 $82,358 N/A PROJECT/SUBSIDY BREAKDOWN COST OF LOT (including rehabilitation costs) FIRST MORTGAGE $ 77,300.00 RATE 7.875 % LTV 81.92 % SECOND MORTGAGE $ THIRD MORTGAGE GRANT $ $ 21,500.00 $ IN HOUSEHOLD 4 $12,000 Community Finance Consortium Ci_ty of Delray, HOME City of Delray, SHIP CRA of Delray Housing Authori _ty Federal Home Loan Bank HTF "A" APPLICANT FUNDS Estimated Pre-paids (Lender 1003) $. 1,594.00 Estimated Closing Costs (Lender 1003) $. 3,659.00 TOTAL TRANSACTION $ 99~611.00 Estimated cash from/to borrower (Lender 1003) $ 2,951.00 (3% of deal) LEE ST PROSPECT ST N W 3RD TERR SD SPAD Y ELEMENTARY SCHOOL N W 3RD ST · -~ _ N W 3RD POMPEY PARK MARTIN LUTHER KING dR DRIVE N W r N,w 2ND ST N W 1ST ST. t CITY OF DELRAY BEACH. FL PLANNING &; ZONING DEPARTMENT 12-43-46-17-36-001-0170 LOT 17, BLOCK"A" CARVER MEMORIAL PARK SUBDIVISION -- DIGITAL BASE J~P SYSTEM -- Agenda Item No.: AGENDA REQUEST Request to be placed on: ~ Regular Agenda ~ Special Agenda ~ Workshop Agenda xxxxx Consent Agenda Date: March 1, 2000 When: March 7, 2000 Description of item: Authorization and approval to issue subsidies to two eligible applicants under the Delray Beach Renaissance Program totaling $40,250.00. Note: Evette Houston ($18,750.00) represents the 98th homeownership assistance grant provided under the Renaissance Program to date. Note: Immaculee and Matelie Dorvil ($21,500.00) represent the 99th homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of the two subsidy awards. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $40,250.00 Account Number: 118-1924-554.83-01 Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~O ~ Funding Alternatives: Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: ~O Hold Until: .(if applicable) Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Kenneth L. Thomas, Community Development Coordinator ~ Lula Butler, Community Improvement Director ~ February 15, 2000 Applicant (Dianne G. Rahming) is requesting the City of Delray Beach to subordinate its second mortgage position ITEM BEFORE THE COMMISSION City Commission authorization and approval to subordinate its second mortgage in the amount of $8,625.00, to allow the homeowner, Ms. Rahming to secure a new loan for debt consolidation. BACKGROUND Ms. Rahming is a property owner within the Community Development Block Grant (CDBG) Targeted area. Ms. Rahming was awarded a grant in the amount of $8,625.00 to rehabilitate her home. The improvements included new windows, doors, light fixtures, a kitchen sink, shower faucet, floor tile and minor adjustments to the electrical system. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Commission 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. However, Ms. Rahming officially signed her agreement with the City on September 24, 1999. Therefore, the agreement will remain recorded as a covenant to the property until September 24, 2004. RECOMMENDATIONS Staff is recommending the City Commission approval to subordinate its second mortgage in the amount of $8,625.00. Agenda Item No.: ~. X . AGENDA REQUEST Request to be placed on: Date: __ Regular Agenda ~ Special Agenda __ Workshop Agenda xxxxx Consent Agenda When: Febmaryl5,2000 March 7,2000 Description of item: Authorization and approval to subordinate the City's second mortgage position. Recommendation: Staff recommends approval of subordinating the City's second mortgage position. CDBG Total: $8,625.00 Account Number: Department Head Signature: ~3<~,. ~~--s~..~r~~~-' City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM ~- ~/. - REGULAR MEETING OF MARCH 7, 2000 REVIEW OF APPE^LABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 2, 2000 Attached xs the Report of Appealable Land Use Items for the period February 14~h through March 3, 2000. It reforms the Comrmss~on of the vartous land use actions taken by the designated boards which may be appealed by the Cxty Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo/Appealables/03.07.00 TO: THRU: FROM: SUBJECT: DAV, JD T. HARDEN, CITY MANAGER DIA ZONING DIRECTOR REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 14, 2000 THRU MARCH 3, 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 February 14, 2000 through March 3, 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. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (6 to 0, Morris absent), of a conditional use modification request to allow the expansion of Urdl's Waterfall Creations to provide for additional parking and an outside storage area located on the south side of NW 1st Street, approximately 430 feet west of Congress Avenue. City Commission Documentation Appealable Items Meeting of March 7, 2000 Page 2 Recommended approval (6 to 0), of a conditional use request to allow the establishment of an automobile paint, body and repair facility for Maaco Auto Painting, within the Congress Commerce Center, located on the east side of Congress Avenue, approximately 290 feet south of Dr. Carol Krol Way, immediately south of Noland Plumbing. Recommended approval (6 to 0), to allow the expansion of the Bethel Evangelical Church site located at the northeast corner of SW 8th Avenue and SW 8th Court to provide for the conversion of two single family residences to administrative and maintenance buildings, an increase in the sanctuary seating by 66 seats and construction of a stabilized sod parking lot. Recommended approval (6 to 0), of an abandonment of the north/south alleyway lying within Block 8, Rosemont Park, in conjunction with the Bethel Evangelical Church. Recommended approval (6 to 0), of the alleyway lying south of SE 6th Street (unimproved) approximately 150 feet west of the Florida East Coast Railroad, in conjunction with the ABC Barricades Development. Recommended approval (5 to 1, McCarty dissenting), of an amendment to the Land Development Regulations Section 4.1.4(C), 4.3.1(D) and 5.1.6(A) to establish notification requirements for granting relief to the minimum lot requirement standards. Recommended approval (5 to 0, Elioupolos left meeting), of an amendment to the Land Development Regulations Section 4.4.9 to allow densities up to 30 units per acre within the West Atlantic Overlay District. Recommended approval on a 4 to 0 vote (Carter left the meeting) the initiation of Comprehensive Plan amendment 2000-1. A. Approved (6 to 0, Shutt arrived late), a request for a color change for an approved industrial building, ABC Barricades, to be located on the south side of SE 6th Street (unimproved) 165 ' east of Swinton Avenue. B. Approved (6 to 0), a request for a color change for the 801 SW 16th Avenue industnal building located on the east side of SW 16th Avenue, approximately 550' north of SW 10th Street. C. Approved w~th conditions (7 to 0), a Class V site plan, landscape plan and architectural elevation plan for 1155 East Atlantic Avenue, located on the north City Commission Documentation Appealable Items Meeting of March 7, 2000 Page 3 side of East Atlantic Avenue, approximately 110 feet west of Andrews Avenue. Concurrently, the Board granted a waiver eliminating the required landscape barrier to accommodate cross access and to reduce the terminal landscape islands on the east and west sides of the parking area. Approved (5 to 0, Keller and Johnson absent), a request for a Certificate of Appropriateness to allow the conversion of a garage to living areas for a contributing single family residence located at 223 NE[ 1st Avenue. Approved (6 to 0, Bodker absent), a request for a Certificate of Appropriateness associated with the ~nstallation of a walk-in freezer the Sundy Inn Restaurant, located at the southwest corner of Swinton Avenue and SW Ist Street. Concurrently, the Board approved a variance request reducing the side street setback from 15 feet to 3 feet 10 inches for the walk-in freezer. The variance action is not an appealable item. By motion, receive and file this report. Attachment: · Location Map CITY OF D£LRAY B£ACH~ FLORIDA - City Commission Meetin§- MARCH 7, 2000 GULF STREAU BLVD L-tO CANAL L-38 CAN,~. N W 2ND ST SW 2NDST SW C-15 CANAL S.P.R.A.B.: A. ABC BARRICADES B. 801 S.W. 16th AVENUE C. 1155 E. ATLANTIC AVENUE H.P.B: 1. 223 N.E. 1st AVENUE 2. SUNDY INN RESTAURANT --, ....... CITY LIMITS ......... ONE UILE GRAPHIC SCALE CiTY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2OOO BASE MAP SYSTEM.. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~' ~- REGULAR MEETING OF MARCH 7, 2000 AWARD OF BIDS AND CONTRACTS DATE: MARCH 2, 2000 This 1s 1. before the City Commtssion to approve the award of the following bids and contracts: Contract renewal with Pdtz Safety Equipment, ma Palm Beach County bid, for the purchase of safety shoes at an estimated annual cost of $30,542.00, with funding from various departmental operating budgets. Contract award m an amount not to exceed $15,000.00 to Shenandoah Construction, via Broward County School Board contract, for the cleaning and televising of approximately 6,500 linear feet of drainage p~pe at various locatmns throughout the C~ty, with funding from 370-3162-541-65.44 (2000 Roadway Bond Program - NE/NW Area Atlantic to Lake Ida). Contract award in the amount of $11,400.00 to BSA Corporation to rebuild the ramps at three (3) hfeguard towers, with funding from 334-6112-519-62.10 (General Construcnon Capital Outlay - Braidings). Contract renewal with H.T.E. Inc. for annual software maintenance on the City's financial apphcations for the period March 1, 2000 to February 28, 200I, at an annual cost of $13,144.00, with funding from 001-1511-513-46.90 (Financml AdmimstraUon - Other Repmr/Mamtenance). Purchase award m the amount of $11,601.00 to Gateway 2000, ma State of Florida contract, for the purchase of three (3) laptop computers to replace obsolete equipment in the MIS D~vision, wxth funding from 334-6112-519-64.11 (General Capital Fund --Computer Equipment). Purchase award in the amount of $27,023.10 to F~sher Scientific Company for the purchase of 45 Self Contained Breathing Apparatus (S.C.B.A.) for the FLre Department. This m the second purchase of a 3-year capital program to upgrade from 2.2 umts to the smaller, fighter and less fatiguing 4.5 carbon cylinders. Funding as available from 001-2315-526-64.90 (Fire Operattons --Other Machinery/Eqmpment). Purchase award in the amount of $40,845.00 to GameTzme, Inc., ma Florida State contract, for the purchase of Haley's Lookout playground equipment for Orchard V~ew Park. The purchase includes playground equipment and installation, mstallatton of Fibar as safety cushion, play curbs around Fabar, and freight. Funding ~s available from 117-4178-572-63.40 (Recreational Improvements). Bxd award for the purchase of liquid chlorine to Jones Chemical at an estimated annual cost of $69,090.00 and the purchase of calcium hypochlonte to Leslie's Swimming and Pool Supplies at an estimated annual cost of $4,449.50, ma Cxty of Boca Raton co-op bid for a total esumated annual amount of $73,539.50. Funding in the amount of $69,090 will be from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals) and $4,449.50 from 441-5144-536-52.21 (W&S Ltft Station Maintenance - Chermcals). o Bid awards m the total amount of $189,339 for replacement of City vehicles via Florida Sheriffs Association contract as specified m Attachment "B", vra State of Florida contract as specified in Attachment "C", and via local b~ds as specified in Attachment "D". Funding in the amount of $131,119 will be from 501-3312-591-64.20 (City Garage - Automotive) and $58,220 from 442-5178-536-64.90 OW&S Renewal & Replacement - Other Machinery/Equipment). 10. Emergency contract award m the approximate amount of $53,300 to O.K. Tours, Inc. to provide bus service for the Parks and Recreataon Department. The current bus company, Shortway Bus Lines, has gone out of business. O.K. Tours, Inc. has agreed to honor the prices and terms of Shortway's contract. Funding in the amount of $3,383 is available from 115-4912-572-55.30 (Football), $41,150 from 001-4106-572-44.90 (Summer Camp - Other Rental/Lease), $4,994 from 001-4105-572-44.90 (After School- Other Rental/Lease), and $3,778 from 001-4121-572-44.90 (Athlettcs- Other Rental/Lease). 11. Approve an increase in the amount of $63,156.00 to the exasting purchase order vath Insituform Technologies, Inc. for emergency trenchless samtary sewer rehabditatton, with funding from 442-5178-536-63.51 (Water & Sewer R&R --Sewer Mares). Recommend approval of the bid and contract awards listed above. RefiBid.Agmemo.03.07.00 AGENDA ITEM NUMBER: ~'. 2. I Request to be placed on: XX Consent Agenda When: March 7, 2000 Description of agenda item: AGENDA REQUEST ~ Special Agenda Date: February 25, 2000 Workshop Agenda Contract Renewal- Purchase of Safety Shoes via the Palm Beach County Bid Number 98-003R/CR to Ritz Safety Equipment at an estimated annual cost of $30,542.00 ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Renew contract with Ritz Safety Equipment for safety shoes via Palm Beach County Bid Number 98-003R/CR, at an estimated annual cost of $30,542.00. Funding will be taken from various departments operating bud~l~M~~ Department Head Signature:~---~"/'r~ : ~,~~ wlt~h C ~ ~ t · Determination of Consistency omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditurej~f funds): Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda. Hold Until. No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: PURCHASING DIVISION MEMORANDUM DATE: TO: FROM: THROUGH: SUBJECT: February 25, 2000 David Harden, City Manager Jennifer Schillace, Buyer q~' Joseph Safford, Finance Director DOCUMENTATION - CITY COMMISSION MEETING MARCH 7, 2000 - RENEWAL OF CONTRACT SAFETY SHOES VIA PALM BEACH COUNTY BID #98-003R/CR ITEM BEFORE COMMISSION: City Commission is requested to renew the annual contract for the purchase of Safety Shoes for City employees from Ritz Safety Equipment at an estimated annual cost of $30,542.00. BACKGROUND: The City of Delray Beach has need for the renewal of the annual contract for the purchase of safety shoes provided in accordance with City Administrative Policy 13A for approximately 189 employees. The safety shoes are available via Palm Beach County Bid Number 98-003R/CR, awarded to Ritz Safety Equipment. Please see attached Bid Re-Cap sheet and award letter to Ritz Safety Equipment from Palm Beach County. On May 4, 1999, the City Commission approved the award of $30,542.00 to Ritz Safety Shoes via Palm Beach County Bid 98-003R/CR. Using departments are very pleased with the service and delivery of this company. Ritz Safety Equipment has agreed to renew the extension of the same terms and conditions of Palm Beach County Bid 98-003R/CR per the attached letter dated February 23, 2000. RECOMMENDATION: The Purchasing Division recommends the renewal of award to Ritz Safety Equipment via the Palm Beach County Contract 98-003R/CR at an estimated annual cost of $30,542.00. Funding will be taken from various departments operating budgets. Attachments: Palm Beach County Bid Re-Cap Sheet and Award Letter Letter to City of Delray from Ritz Safety dated 02/23/00 Agenda Request and Memorandum dated 04/29/99 cc: Jacklyn Rooney, Purchasing Supervisor RITZ SAFETY EQUIPMENT, INC. 1851 North Powerline Road Pompano Beach, FL 33069 (954) 971-3176 (80O) 451-3077 FAX: (954) 971-1272 February 23, 2000 City of Delray Beach 100 N W 1 st Avenue At~m: Jennifer Sehillac. e Delray Beach, FL 33444 Dear Jennifer: Please be advised that Ritz gafety Equipment would be more than happy to extend the option of thc City of Dclray Beach's right to piggyback Palm Beach County's bid #98003R-2 for another year. The pricing will be only on the styles of the bid itself. If an employee is allowed to purchase styles not on the bid, we would need to be advised in writing of that decision. Otherwise, they will only be offered the styles on the bid itself. If you have any questions and or concerns, please contact me at 800-451-3077. Respectfully yo~s, }urz s^mrv mtrn' mNr, r c. Maureen Reckert Operations Manager bO S Md~ ~s~ Palm Beach FL 33415- 3199 (561) w~w CO palm-beach mm Board oJ County Commissloner~ ' Ma~de Ford Lee. Chair Warren H Ne~ll. V~ce Cha~rma~ ~ren T Marcus Carol ~ Bob~rts M~ McCany 'An ~T.,~ C~portunit~t February 15, 2000 RITZ0001 Ritz Safety Equipment, Inc. 1851 N Powerline Road Pompano Beach, Florida 33069 Dear Vendor: TERM CO~TRACT #. 98003R-2 This is to inform you that Palm Beach County Board of County Co~issioners is entering into a Term Contract witk your company for Safety Footwear based on one of the following: £ ] FORe,AL BID # [xxx] RENEWAL OF FORMAL BID/RFQ # 98-O03R/CR £ ] WRITTEN QUOTATION # [ STATE OF FLORIDA CONTRACT # [ ] OTHER: The term of this contract is 0~/Ol/200Q through 03/31/2001. The estimated dollar value is $~lO0,L000. The obligations of Palm Beach County under this contract are s~bject to the availability of funds lawfull) appropriated for its purpos~ by the State of Florida ant the Board of County Commismioners. Palm Beach County Departments will issue hard copy ordert against this contract as your authorization to deliver. All invoices must reference each ~nique doc%unent number. If you have any questions, contact Kristen A. Monnett Buye~ at {56I) 233-1525. Post-It" brand (ax transrnltt~J'-~omo 7671 Agenda Item No. 3', 2... D.. AGENDA REQUEST Date: 11-Feb-00 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 07-Mar-00 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute contract with Shenandoah Construction for the cleaning and televising of approximately 6,500 LF of drainage pipe. This contract will be an extension of the existing contract Shenandoah has with Broward County School Board (Bid No. 99-310R) and will not exceed $15,000.00. This work is beincl done as part of the 2000 Road Bond Program. Funding is from account# 370-3162-54!-65 . 44 ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends e, el;)roval/authod~on. Department head signature ~. Determination of Consistency with CdmprehenSive Plan' City Attorney Review/Recommendation (if applicable): Budget Director Review (r~r,d on all items involving expenditure of funds): Funding available: ~fi~NO Funding alternatives .(if applicable) Account No. & Description -~ -~ n-'~ 1 ~ ? - ~, ~ 1 ~ 5 ~. NE/NW Area Atlantic to Lake Ida,, Account Balance ManagerApproved for agenda:~ ~NO'~'¢-')'Hold Until:Review: City Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Ag520.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: Randal Krejcarek, P.E., City Engineer 11 February 2000 2000 Road Bond Program Cleaning and Televising Drainage Systems Commission Agenda Item The attached agenda item is for Commission approval/authorization for the Mayor to execute a contract with Shenandoah Construction for the cleaning and televising of approximately 6,500 LF of drainage pipe. The locations are throughout the City of Delray Beach. This contract is an extension of the existing contract Shenandoah has with Broward County School Board (Bid No. 99-310R) and will not exceed $15,000.00. This work is being done as part of the 2000 Road Bond Program. Funding is from account # 370-3162-541-65.44 enc cc; Richard Hasko, P.E, Director of Env. Svcs. Joseph Safford, Finance Director File 2000-047 S ~EngAdmin~Projectst2000~2000~047~OFFICIALtagendamemo03~07-O0 doc F~?-08-00 10:54A Shenandoah Const. 954 975 0098 P.01 I I lSn r A DOAnI CONSTRUCTION 1888 N.W. 21stStreet Pompano Beach, FL 33069 (954) 975-0098 Fax: (954) 975-9718 DA YE: SUBMITTED TO: ADDRESS CITY, STATE & ZIP: PHONE, FAX: JOB I,OCAT1ON: ATTENTION: PROP~ 1990 0Z/04/00 City of [)elm), 434 S Swinton Ave Delray Beach, FL 33444 561-243-7309 561-243-7301 SW 2'~ Street& SW 7* Ave. Scott Soloman We propose to furnish a hydraulic vaetor cleaning truck and a telespeclion truck with crew and all necessaD~ equipment to clean and TV approximately 6500 LF of drainage pipe. Fh~s work will be performed at our tbllowing Broward Coun~ School Board Contract unit prices of: Bid No 09-310R H~gh Pressure Jet Flushing $129.00 per hr. (est. 85 hr.) Color Vide() Inspection $60.00 per hr. (est. 60 hr ) F stimated l'otak $14,565.00 This proposal may be withdrawn if not accepted within 30 days. Payment terms net t0 days All material is guaranteed m be as specified. Al/work to be completed in a workmanhke manner according to slandard practices. Any alteration or deviation from above specifications involving extra costs will be executed onl~ upon written orders~ and will become an extra charge over and above the estimate. Al] agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are rally covered by Workman's Compensation Insurance SIGNATURI!: SH EN ANDO~A)4' G ~N E I~A~/C-ON ST R I,.I C Z ! ON T1TLE DA+E---- Melinda Cotrul~i ? Project Manager 02/I)4;00 ACCEPTANCE OF PROPOSAL/SIGN & RETURN The above prices, specifications and condit)ons are satisfactory and are hereby accepted You are autb, mzed m do the work as specified. SIGNATURE. ~C~M PANY NAME: DATE: REPRESENTATIVE: TITLE MEMORANDUM TO: FROM: SUBJECT: DATE: JOE WELDON, DIRECTOR OF PARKS AND RECREATION ALISON M. HARTY, CITY CLERK~r/O LIFE6UARD TOWER ROOFS MARCH 13, 2000 just a reminder that the contract in the amount of $11,400 with BSA Corporation to rebuild the ramps at tktee (3) lifeguard towers was approved by the City Commission on March 7, 2000. Per our conversation prior to that meeting, the contract with Ron Bell, Inc. to replace eight (8) lifeguard tower roofs at a cost of $9,480 did not have to go to Commission since the dollar amount involved is less than $10,000. The City Manager has the authority to sign off on contracts of less than $10,000 so the necessary paperwork should be forwarded to him for approval. If you have any questions, please feel free to call me at ext. 7050. AMH/m Cc: Rich Connell, Beach Supervisor AGENDAITEM NUMBER' 3'.2.3 Request to be placed on: AGENDA REQUEST Date: February 15, 2000 XX RegularAgenda Special Agenda __ Workshop Agenda When: March 7, 2000 Description of agenda item: Request approval for ,R, mz-]te-l%, Inc. to raplccc t~ower--~g~fg--at a cost of ,=,~oO-a~g-BSA Construction to rebuild 3 ramps of $11,400. These are to be funded out of account #334-6112-519-62.10. at a cost ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: Approval. NO x NO x Department Head Signature: ~~ Determination of Consistency ~i~tl~ Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes V/ No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: (if applicable) Agenda Coordinator Review: Received: Action: Approved Disapproved Delra Beach Ocean Rescue To: Thru: 340 South Ocean BIvd ,, DelrayBeach, Florida 33483 ,, (561)243-7352 Ci~tYectMoT~:~-arkT~nVi~RHecar/e~li~-Joe Weldon FAX(561 )243-7270 From: Superintendent - Richard Connell Subject: Towers Date: I wish to Construction. Ron Bell is-for roof due to the age and BSA is to rebuild the ramps~.wit~!a per tower for both repairs is I wish to repair the roofs Tower if possible. The cost~'ill (3) lifeguard tower ramps City Manager has identified this be added to the City 2000 for approval. ~' The condition for staff and the is present and needs from slipping as four i}i~r ankles on these ramps. Inc. and BSA replace the entire 35.00;~r tower. The quote from ,. ~ ~'~,800.0ff';per tower. The total cost S-5 Tower, and N-2 :' ' repaired and $11,400 for all repairs. The Assistant 9~62~t0 ~t. i~s work. I would also ask ~fot tl~m~in§.0n Tuesday, March 7, more dangerous or tripping due to injury Ocean Rescue Superintendent CC; Assistant City Manager - Bob Barcinski Assistant Director of Parks and Recreation - Joe Dragon Building Maimenance Superintendem - Jim Schmitz ref: C:~lyDocuments\wwdata\TowerRepairQuotesCM. doc ,::5'..2.3 ~.~.' e¢-23-99 09:28A BSA Co~poration 561 272 7440 P.O1 CORPORAllON GENERAL CONTRACTORS December 23, 1999 City of Delray Beach - Ocean Rescue Division Dear Mr. Conne'll, We propose to make modifications to one lifeguard stand per the attached drawing for the lump sum amount of $3800.00 This proposal includes replacement of existing ramp with combination stair and hinged ramp. It is assumed that the piling will be two 6x6 p.t. pine posts, sunk 4' into the ground. The stairway railing is to consist of 2x4 wood posts with a 2x4 wood cap. This proposal excludes permits, permit processing, and design drawings, if required If this proposal is acceptable to you, please issue a purchase order on your standard form, and we will schedule the work. Thank you for the opportunity to submit this proposal. It shall remain in effect for 30 days, Sincerely yours, Bill Brannfng 9 N [ 2nd Slr~..el -. D~.lray BeooK~. FL 33444 .,, [561) 272-6350 - Fox 156l) 2/2-/440 £ Request to be placed on: (Consent) X Regular Agenda When: 03-07-00 Agenda Item No.: AGENDA REQUEST Date: 02-16-00 Special Agenda Workshop Agenda Description of agenda item (who, what, where, how much).: Renewal of annual software maintenance on the City's financial applications for the period 03-01-00 to 02-28-01. Annual Cost is $13;144. a. ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO Recommendation: Approval ~s recommended hy th~ MT~ M~,~' ~,~,4_ F~n~ce _n~r~ctor. n/a City Attorney Review/ Recommendation (if applicable): n/a Budget of funds): Funding available: ~ NO Funding alternative : s-- Account No. & Description: Account Balance: $13.450 Director Review (required on all items imvolving expenditure City Manager Review: Approved for agenda: Hold Until: (if applicable) 001-1511-513-46.90-Other Repair/Maintenance Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden City Manager Joseph M Saff~ Director of Finance,/'-~ Renewal of Annual Maintenance for F~nancial Software Apphcations February 16, 2000 Renewal of the annual maintenance for all of the City's financial applications for the period March 1, 2000 to February 28, 2001 is as follows: Application Amount Payroll/Personnel $3,855 GM BA $5,170 Asset Management $1,459 Accounts Receivable $2,660 TOTAL $13~144 This annual maintenance keeps our applications current with the latest revisions and enhancements by providing us w~th new versions and releases of the software throughout the year The maintenance also prowdes us w~th user and techmcal support from HTE. Funding is available in account code 001-1511-513-46.90 We would request this item be placed on the next Commission agenda for approval. /sam AGENDA ITEM NUMBER' DATE: February 22, 2000 AGENDA REQUEST Request to be placed on: XX Consent Agenda ~Spec~alAgenda Workshop Agenda When: March 7, 2000 Description of agenda item: Requesting Award to Gateway 2000 for the purchase of three (3) laptop computers, which will replace obsolete equipment, per State of Florida Contract 250-040-99-1 for a total cost of $11,601. ORDINANCE/RESOLUTION REQUIRED' YES Draft Attached: YES NO X NO Recommendation: The MIS Division and the Purchasing Division recommend the purchase of three (3) laptop computers from Gateway 2000 for a total cost of $11,601. Pricing is per State of Florida Contract Number 250-040-99-1. Funding will be taken from account number 334-6112-519-6411. Department Head $ignatur~:~~~---m~ _/ / _ _ ~~ Determination of Consistency wi~C/omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: Account Number: Account Description' Account Balance: City Manager Review: Approved for agenda: HoLd Until' Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: PURCHASING DIVISION MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jennifer ~e~> Joseph Safr~nce Director February 22, 2000 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, MARCH 7, 2000 REPLACEMENT OF THREE MIS PC'S REQUISITION NO.: 77728 ITEM BEFORE COMMISSION: The City Commission is requested to approve award to Gateway 2000 for the purchase of three (3) laptop computers to replace obsolete machines that are currently being used by the MIS technical staff. The total cost of this purchase is $11,601 and pricing is per State of Florida Contract Number 250-040-99-1. BACKGROUND: The computers currently being used by the MIS Division are obsolete. The replacements requested are for laptop computers with docking stations that allow mobihty. With the ability to take their laptop computers into the field with them, the technical staff will be able to provide support to remote locations 0 e., Golf Course, Fire Departments), take their computers home to continue working after hours and, if necessary, connect to the City's AS/400 or LAN to resolve problems that may occur after hours. The MIS Manager recommends award Gateway 2000 for the purchase of three (3) laptop computers to replace existing obsolete equipment for the total amount of $11,601 per h~s memo dated February 15, 2000. RECOMMENDATIONS: The Purchasing staff recommends awarding to Gateway 2000 for the purchase of three (3) laptop computers for the MIS Division for a total amount of $11,601. Pricing ~s per State of Florida Contract 250-040-99-1. Funding will be taken from account number 334-6112-519-6411. Attachments: Memo 02/15/00 Quote #170209087 cc: Richard Zuccaro, MIS Manager ./ Jacklyn Rooney, Purchasing Supervisor MEMORANDUM TO: FROM. THROUGH: SUBJECT: DATE: David T. Harden City Manager Richard Zuccaro MIS Managerial_ Joseph M. Sa~ Director of Fina~ Replacement of Three MIS PC's March 7, 2000 Commission Agenda February 15, 2000 The MIS Diwsion is requesting approval to replace three obsolete PC's that are currently being used by the MIS technical staff The current PC's have limited memory, hard disk and 100 to 133 processors which is inadequate for the needs of the MIS technical staff. Our technical staff requires h~gh-end PC's to accommodate d~fferent versions of the software used throughout the City in order to properly evaluate the new versions (i.e, Office 2000, Windows 2000, etc ) and to support the C~ty's user clients. Some of this software ~ncludes support software (SMS) which allows them the ability to resolve user problems remotely from their desks in the MIS Division. The replacement computers being requested are laptop computers with docking stations which allows mobility. With laptops and docking stations, the PC's can be taken into the field when support is required at the City's remote Iocabons that connect to the C~ty via dial-up commumcations (i.e., Golf Course, Fire Departments). The laptops will also provide the MIS technical staff with the ability to take their PC's home to continue their work after hours or, if necessary, to connect to the City's AS/400 or LAN to resolve problems that may occur after- hours We would request this item be placed on the next City Commission agenda for approval. Funding for the replacement of these PC's was approved during the F~scal Year 1999-2000 budget process Funding is available ~n the Renewal and Replacement Fund, Account Number 334-6112-519-64 11. /sam .~uote C, enemated tor'.~ .... fU L~) L)eluxe Dire~ access to your o~e~ and suppo~ gage i al z Gateway Solo 9300 LS Deluxe Quote Number: 170209087FLORIDA /~ (/ Contract #: State Contract #250-040-99-1 ~ Fed ID# 46-0431398 Date/Time: 02/09/2000 16:14 EST Sales Representative: 800-779-2000 Comments: Processor: Intel® Pentium® III Processor 600MHz with Intel® SpeedStepTM Technology Memory: 224MB SDRAM added: US$470 Keyboard: Full-Size 88-key Keyboard with MS Windows 95 Keys Mouse: EZ Pad® Pointing Device with PS/2 Black Mouse Operating System: Microsoft® Windows NT 4.0 added: US$75 Expansion Slots: Two deep socketed PCMCIA Type II slots Battery: 12-cell Lithium Ion battery and AC pack Screen: I 5.0inch XGA Active Matrix TFT Color Display Floppy Drive: Modular 3.5inch Diskette Drive CD-ROM or DVD: Modular ]OX min./24X max. CD-ROM drive Hard Drive: 6.0GB Ultra ATA Removable hard drive Video: 2x AGP ATI Mobility-P w/8MB SGRAM Zoomed Video Port: Zoomed Video Support Multimedia: 16-bit Software Wavetable Audio w/Stereo Speakers, Internal Microphone, Headphone/Speaker Jack, Line-in and Line-out Mic Jacks NTSC OUT Fax/Modem: Integrated 3CaM® V.90 56K Modem Gateway Docking Station: Solo® 9300 Docking Station added: US$281 LANDesk Software: Intel® LANDesk Client Manager Software v3.31 Anti-Virus Software: Norton Anti-Virus Software Application Software' Not Inculded subtracted: US$72 Service Program' 3 Years Parts & Labor Limited Warranty, Limited Hardware & Software Tech Support as long as you htr p' //www.gateway. com/cgi-bin/gen_quote, pi 02/09/2000 . _, for 5olo 9300 L5 Deluxe - I~age Z ot z ' .,~uu, .~ene rated own your system Certifications: FCC Class B, UL and CSA certified Dimensions: 12.7inch x 10.39inch x 1.62inch (W x D x H), approximate weight 7.761b. External ports: NTSC/PAL Output, (2)USB, Parallel, Serial, VGA, PS/2, S/PDIF, Dolby Digital Output and Infrared Ports Carrying Case: Deluxe Carrying Case added: US$47 Extra AC Pack: Extra AC Pack added: US$45 Base Price: US $3021 Configured Price: US $3867 Quantity: 3 Total Price:US $11601 Prices and specifications are sub3ect to change without notice or obligatIon. Sales tax, shipping & handling will be collected where applicable. Please Print and attach this quote to your purchase order. Term s an d Co nd itio_n_s_pf__s_a_l_~, a_n_d_ Ii mite d warranty_ Ordering information is encrypted using the Secure Socket Layer (SSL) protocol before being transferred to our Web Server for processing. Prices and specifications are subject to change without notice or obligation. These prices do not include shipping or sales tax if applicable. After your system has been built (lead times may vary), it may be shipped via 2nd day shipping in the continental US. 2nd day shipping within the continental USA is US for desktops and US for portables. 7 to ! 0 day shipping for Destination[TM] Big Screen PCs is US. add US shipping for each printer. All prices are quoted in U.S. dollars. HOME TEAM SELECT SYSTEM YOUR ORDERS SUPPORT HELP http://www.g ateway.com/cg ~-bin/ge n_q uote. pi 02/09/2000 Agenda Item. No.: ~. 2.~ AGENDA REQUEST Request to be placed on: Date: Feb. 9, 2000 X Regular Agenda Special Agenda Workshop Agenda When: Description of item (who, what, where, how much): Purchase of forty-five Self Contained ~reathin~ App~r~t,~ (S.C.B_A.} -. .... cylinders . Second purchas~ of a three y~r C.I~, DroE~m ~n ,,p~4~ ~ho ~ c B.A / , (Example: .Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/-RESOL~2ION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: .qt~F r~nnmm~nH~ ~pp-rn~,~l F,,~= tn ce~_e frcm 001-2315- 526-64-90. ~ (Example: Recommend. approval with funding from Special Events Account No. 001-3333-555-44.55}. Department Head Signature: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds}: Fund±rig available: ~0 Funding alternative.D~-' (if applicable) Account Balance: Hgt. ~W~Y~'~F_~/_/~/~W - /--~ City Manager Review: ~pproved for agenda: ~/ NO~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved £1TY OF DELl:lAY BEI:I£H FIRE DEPARTMENT DELRAY BEACH Al~Anterica City 1993 SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH TO: FROM: THRU: DATE: DAVID T. HARDEN, CITY MANAGER R.B. ~ FIRE CHIEF ,,i-, FEBRUARY 9, 2000 SUBJECT: PURCHASE OF 45 CYLINDER UPGRADE OF SCBA The Fire Department is submitting this request for the upgrade of the current Scott Aviation Self-Contains Breathing Apparatus (S.C.B.A.) 2.2 the new smaller, lighter 4.5 S.C.B.A. This project was included in the FY 98-99 budget under line item #001-2315- 526-64.90. We are requesting that this be placed on the agenda for approval by the commission. This is that second purchase of a three year C.I.P. program to upgrade the SCBA equipment. We are requesting the purchase of forty-five 4500 PSI 30 minute S.C.B.A. cylinder units. Attached is Requisition #77056 for this purchase. We have two bids and find the best purchase is from Fisher Scientific Company in the amount of $27,023.10. Your concurrence with this purchase will be appreciated. M.B.~ Assistant Fire Chief MBW/rt Attachments cc J. Rooney, Buyer FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243°7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Prmted on Recycled Paper ~. 01/03/00 05:32 Fisher Scien D 213 FISHER SCIENTIFIC QUOTATION JANUARY 3, 2000 CITY OF DELRAY BEACH FIRE DEPT 501 W ATLANTIC AVE DELRAY BEACH FL 33444 ATTN: GEOFF COOPER PAGE: i FISHER SCIENTIFIC COMPANY 1801 GATEWAY BLVD SUITE 101 RICHARDSON TX 75080 (800) 772-6733 CUST REF NBR QUOTE 1-3-00 ACCOUNT NBR: 202054-002 QUOTE NBR: 0003-1729-54 TERMS: NET 30 DAYS DUE DATE: SA.LES REP: AMY IRVINE REQUESTOR: GEOFF COOPER PHONE: 5612437400 FOB: DEST AUTHORIZED BY: CHRIS DEHAAS *** PRICES ARE FIRM THRU 02/02/00 *** PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE THA/~K YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPAI~ LLC SAFETY REP: CHRISTOPHER J DEHAAS INBRI QTY IUNI CATALOG NBa I DESCRIPTION UNIT PRC I EXTD PRC 1 I I 451EAI19 003 264A CYLIND W/VLV CARBN 4500P 30MIN HAZARDOUS MATERIAL MERCHANDISE TOTAL .HAZARDOUS MATERIAL CHARGE TOTAL 600.38 27,017 . 10 27,017.10 6.00 27,023.10 01/03/00 05:32 Fisher Soien p 313 QUOTATION TERMS AND CONDITIONS F~sher Sc~enbfic Company and/or ~ts Curtm Matheson Sc~enbfic d~ws~on (collectively the "Distributor') w~ll sell to the customer ('Customer") and Customer ~11 purchase from D~stnbutor the quoted products, subject to the following terms and condibons PRICES: All pnces are quoted F O B sh~ppmg point for the ~nd~cated firm period Customer shall pay all federal, state, municipal or other sales or use tax or any other taxes upon the Products or services prowded to Customer by D~stnbutor D~str~butor reserves the nght to make additional charges for special packaging, shipping and handhng required to comply w~th manufacturers' spec~ficabon, apphcable DOT or other regulabons, or to meet Customer requirements D~stnbutor expressly dmclmms any representatmn or warranty concerning "most favored customer" pncmg which may appear m any Customer's documents connecbon w~th the sale of any Products by Distnbutor to Customer TERMS: D~stnbutor's standard terms of 30 days net are applicable to all domestic and foreign sh~pments, Invmces against Products sh~pped outside the Un,ted States are payable ~n Un~ted States currency D~stnbutor reserves the nght to collect ~nterest at a rate equal to the h~gher applicable lawful interest rate on invoiced amounts not pa~d w~th~n thirty (30) days of invo~ce date, with ~nterest to accrue monthly until full payment ~s received DELIVERY: All sh~ppmg dates are approximate Dmtnbutor reserves the nght to substitute alternate Products w~th equivalent specifications for those ordered Customer shall have the right to return any substituted Products at no charge by following D~stnbutor's return goods policy PRODUCT WARRANTY AND INDEMNITY: To the extent possible, Dmtnbutor wdl make available to ~ts Customers the manufacturers' warrant~es for Products purchased by Customer, without recourse to D~stnbutor D~stnbutor warrants to Customer that during the manufactures specified warranty period, D~stnbutor or manufacturer w~ll, upon prompt nobficabon and compliance w~th D~stnbutor's mstrucbons, repair or replace, at D~stnbutor's sole opbon, any Product which ~s defective in matenal or workmanship No employee, agent or representative of Distributor has the authority to brad Distributor to any oral representation or warranty concerning any Product sold Any oral representation or warranty made pnor to the purchase of any Product and not set forth ~n wnbng and signed by a duly authorized officer of D~stnbutor shall not be enforceable by Customer Distnbutor makes no warranty and shall have no obligation w~th respect to expendable or consumable parts and supplies nor with respect to damage caused by resulting from accident, m~suse, neglect, or unauthorized installation, alterabons or repairs to the Products DISTRIBUTOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Distributor's sole responsibility and the Customer's exclusive remedy for any clmm ansmg out of the purchase of any Product ~s repair or replacement, as descnbed above In no event shall D~stnbutor's llablhty exceed the purchase pnce pa~d therefor, nor shall D~stnbutor be Imble for any claims, losses or damages of any third party or for lost profits or any special, indirect, incidental, consequenbal, or exemplary damages, howsoever arising, even if D~stnbutor has been adwsed of the posmb~l~ty of such damages Except as otherwise expressly set forth here~n, D~stnbutor d~scia~ms any obl~gatmn to defend or mdemmfy Customer, ~ts officers, agents, or employees, from any losses, damages, hab~ht~es, costs or expenses which may anse out of Dmtnbutor's acts or omissions or the sale or use of the Products prowded to Customer by Distributor RETURN GOODS POLICY Products described m D~stnbutor's pohcy may be returned to D~stnbutor within 30 days for replacement or adjustment To assure prompt handhng, Customer must obtain a return goods authonzabon number from D~stnbutor and reference th~s number on return shipping documents Returns made w~thout the authorization number w~ll be returned to the Customer, freight collect D~stnbutor reserves the nght to reserve any credit ~ssued to Customer (I) for any Product not returned after authonzabon and request by D~stnbutor, or 00 if, upon return, such Product ~s determined by D~stnbutor not to be defective Cop~es of D~stnbutor's pohcy are available upon request FREIGHT CLAIM POLICY Even w~th the greatest of care, occasional damages or shortages are unavoidable Upon recmpt of a shipment from D~stnbutor, Customer shall unpack and inspect it for damage and shortage Customer shall not accept a damaged or short shipment until the dellvenng carrier's driver has made a "damage" or "shortage" notabon on Customer's copy and the carrier's copy of the freight bdl Customer must notify the carrier ~mmed~ately If damages are noted Customer should ~mmediately request the carnet to make an inspection Concealed damage must be reported to the carner within 15 days of delivery All sh~pp~ng containers and packing materials must be retained by Customer for the mspecbon Salvage must be held for career's dlspos~bon MEDICARE/MEDICAID REPORTING REQUIREMENTS: The pnces shown on th~s quotation are net of d~scounts pro',qded at the t~me of purchase Some Products may be sublect to additional discounts agreed upon between the parties By accepting such Products, customer agrees to comply v~th such reporting requirements as may be ~mposed on it under federal Medicare and Medmmd programs and state health care programs 42 CFR Secbon 100 1 952 (N) SOFTWARE: If the Products ~nclude computer programs ("Software"), the "sale" of such Software shall not constitute a sale or transfer of proprietary nghts ~n or to the Software but rather shall only consbtute the nght and hcense to use the Software m accordance w~th apphcable speclficabons, instructions and hcense terms and conditions of the licensor PATENTS: If notified promptly in wntlng of any action or claim against Customer, that Customer's purchase or use of the Product Infnnges a United States patent D~stnbutor w~ll defend such acbon at ~ts expense and wdl pay the costs and damages awarded m any such acbons, provided Distnbutor shall have sole control of the defense of the acbon and all negobabons for ~ts settlement or compromise D~stnbutor shall not have any I~abdlty to Customer ~f the ~nfnngement or claim thereof ~s based on (I) the use or sale of the Product ~n comb~nabon w~th other products or dewces whmh are not furmshed ~n combmabon by D~stnbutor or (~) the furnishing to Customer of any mformabon, servme or apphcabons assistance In no event shall D~stnbutor's total hablhty to Customer under this prows~on exceed the amount pa~d by Customer to Dmtnbutor for the Product alleged to ~nfnnge The foregoing states the entire I~ab~l~ty of Distributor to Customer w~th respect to infringement of patents by the Products, any parts thereof or their operatmn FORCE MAJEURE: The performance by Dmtnbutor of any covenant or obl~gabon on ~ts part to be performed under any agreement w~th Customer shall be excused by floods, stnkes, or other labor d~sturbances, riots, fires, accidents, wars, embargoes, delays of carriers, failure of power, or regular sources of supply, acts, mjuncbons, or restraints of government, or any other cause preventing such performance, beyond D~stnbutor's reasonable control LIMITATION OF ACTIONS: Any cause of action for breach of warranty must be brought by the Customer, if at all, w~thm one (1) year fi.om the date the cause of acbon accrued Any dmcrepancy m Dmtnbutor's pnmng or other charges shall be deemed wmved by Customer unless Customer notifies D~stnbutor thereof, in writing, within ninety (90) days from the date of the invoice on whmh such disputed transaction is reflected MISCELLANEOUS: These Terms and Cond~bons shall control as to any Products provided by Dmtdbutor to Customer hereunder None of the terms and cond~bons contained here~n may be added to, modified, superseded or otherwise altered except by written instrument s~gned by duly authonzed representabves of D~stnbutor and Customer ACKNOWLEDGEMENT/QUOTE Page 1 DELRAY BEACH FIRE DEPARTMENT 501 WEST ATLANTIC AVENUE DELRAY BEACH FL 33464 DELRAY BEACH FIRE DEPARTMENT 501 WEST ATLANTIC AVENUE DELRAY BEACH FL 33664 P.O. No: Q-80472101 Req Ship Date: 1/04/00 Co/Cust No Order No Ter Slsrep Ship Via 01/0000007813 9DSKK/00 001 00256 PPD Terms: NET 30-CREDIT CHECK Date z/o6/oo Time 18:21:46 QUOTATION Ref~ Item Number/Description U/M mmmmmmmmmmmmm~mmmmmmmmmmmmmmm SCT80472101 EA CYLINDER CARBON 30 MIN 4.5 Ordered Price Total 45.000 628.31000 EA 28,273.95 Total Line Items 1 This Quotation Expires Subtotal Sales Tax Order Total Deposit Amt Due z/o6/oo 28,273.95 28,273.95 28,273.95 * COMPLETE * Thank you for ~e opport~nIty to provide ~his qu~al~n, AGENDAITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: February 23, 2000 XX Regular Agenda Special Agenda Workshop Agenda When: March 7, 2000 Description of agenda item: Request approval to purchase Hayley's Lookout playground equipment for Orchard View Park from Gametime, Inc. for a total price of $40,845. This will be charged to account #117-4178-572-63.40. This is on state contracts 650875 & 650876, and includes playground equipment and installation, installation of Fibar as safety cushion, play curbs around Fibar and freight. ORDINANCE/RESOLUTION REQUIRED' YES NO X Draft Attached: YES NO X Recommendation: Approval. Department Head Signature: ~-~ ~,,~ ~ Determination of Consistency ~vit~ 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 Number: j j "/ - ~] Tzf '~,~ ?~O- ~. ~. 'gz~ Account Description: ~r'~-~,-/-~f_.)~ ~ / ~"zz??'~z-¢~g./-~. _~f. ? Account Balance: ~ 2/(~r ~o~0°' ~ ~t.,~j~/~)7_.) '~-(..)' City Manager Review: Approved for agenda:(~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved £1T¥ UF DELRI:I¥ BEI £H l-AmericaC~ 100N.W. IstAVENUE DELRAYBEACH, FLORIDA 33444 . 561/243-7000 MEMORANDUM 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Playground Equipment for Orchard View Park DATE: February 23, 2000 Attached please find a quote sheet from Gametime, Inc. for the purchase and installation of Hayley's Lookout playground equipment for Orchard view Park. The quote sheet is for the cost of the playground equipment, its installation, installation of Fibar material as a safety cushion underneath, play curbs around the Fibar and freight. The total price is $40,845.00. These items are on state contract. The state contract number for the playground equipment is 650875, and the state contract number for the Fibar material is 650876. This is to be charged to account #117-4178-572-63.40. I have enclosed a picture of the playground equipment and information concerning Fibar for your review. Please place this on the March 7, 2000 agenda for City Commission consideration. Jo/~eldon DireCtor of Parks and Recreation Attachments cc: Nilza Madden Agenda Coordinator JW:cp Ref:dhovpgcc THE EFFORT ALWAYS MATTERS Enricking Childhood Through PLay. D~te: 2/15/2000 GameTim¢ c/o Dominica Recreation Products P.O, Box 520700 Lon~ood, FL 32752-0700 Phone: 407-331-0101 Fax: 407-331.4720 Em. ail: brittonh~ffametime, corn Proposal for GamcTime Equipment Shi~ Zil~: 33444 Ouo~e #: 20110461 City ofDelray Beae~ Pa~e 1 of 2 Mr. Joe Weldon 100 NW 1st Avenue D~k~y Ben=h, FI. 33444 ~ Descri_mion 1 11142M Haley'S Lookout 18 3783 Plave, arbs - Bilk 16 379{ Cmwexl Plavcurb Pkg-Bl~k i 3789 A~mibl~ Plavcurb Emaik Phone: 561-243-7251 Fax: 561-243-7268 5,843.0 31,837.00 31,837.00 396.0 49.00 882.00 352.0 55.00 880.00 Id0.0 413.00 413.00 End ofLme~em~ Totals for Ouot~# 20110461 6,751 0 lbs. Sub Total: $34,012.00 L~-ss Dimount: $5,102.00 Fr~it~ht: $2,00.5.00 Installation: $:5,205.00 Total. $36,1.20.00 You may dedu~ the above fop put~has~ on State of Florida SNAPS ConUa~'t #650875. To include the deliv~3, & installation ora t2" depth ofF/BAR System 100 within ~e 2,100 Sq. Ft. freeform safooy zone as shown in the 1999 catalos, please add $4,725.00 to total. GRAND TOTAL INCLUDING THE FIBAR MATERIALS $ 40,845.00. >>Stte proparaliou & equipm~,t storage is not included m this propsal.<< Sales Tax F_.,xt~npfon Certificate # (Sales Tax will be added unless number is provided) Prices are finn for 30 Days. Orders will ship approxima~ly 3.5 days ~ ree.~ipt oforck'r. Acceptance of this quote indicates yom a~reement to Oam~Time's Terms which nrc: Payme~t m full with order er NET 30 Days Freight On Board Shipping Point with approved credit. Custom~'s Siguaturc Dale J'Ar.,I-26-2~O0 ! 6: 38 [¢:,'P 4~37 33!4'~20 P. '4 C !. V/hat eJmctly I. Fiber! 6o Why net Just Install w~e¢l chips? The U.S Detainment of Interior (IX)l) has c~e~erm,red ~h~t wood chips are not cons dared an accessible playground surface F, bar meets the proposed ~egulat~ons of the Americans with D~sabllltles Act, The U.S. Ornament ofl2t~rlor (~) has ~lSO ruled dramage ~qd ;hey are ,nailed co~ly All ¢~b~r Systems ~0 HaLS burning bean · problem? No, bJrniq9 h~s not bee¢~ avadab'e from the home o~ce, What If broken lla*s falls on the Fiber surface? $ roken glass anti debris tyo[cally stay on top of the ROar They ar~ easily removed by raking Why Ipend more for · Fiba¢ System? A F,bar System has benefits that Iook. a,[kes dorYt;a 12-year warranty (300 System); $10,000,000 i:roduct I~bihty ~ns~rance F~or i~ successful becacse k mcludes a d'aln~ge syst~ thai speo~lly designed ~:r playgrounds. ~ POI ~Fs ~ho~ good Hew Io.g doe, Fiber lestl' Fi:~ar S?srem :~00 es guaranteed to perform ~or 12 year~, pray;dad the depth ~s matnta, n~d by occasional top-o~ F~ does not decompose as mulch does Test mesults show :~t a~e- 12 rears of use Its Impact ~bso,b.ng quahties actu~llf get be~er with agel Is Fiber treated? No! Flba; wo~d fibre is rot cherr~cally I~eated and ~s tctally nitural ¥od can b~rder~th cuobg for on aooYe-grouod mstalL]h ~n o excavate to have the play area flush wilh the ~urrouqc,ng md 10, Are Ineecta a pr,~blaed? No. Fiber h a manu(a tured produc~ wJth tho,~sands o~ iqstall~tior6 na::cnM~ :. Insecls have not been ,1 prat, n 11. Whetebout splinter*? Dr. Vu,gt Hoogson. :wi o cor~Jcted the ,.'n~act attenuati te~t;ng) of the N~u~ofoyy Depa~ment of Wayne Stat~ b ,, sa dc'No shv~ ~,e ~ed to occur para. oily despite e.tens,, handhn~ of the fibr~ ' 12. How Is Fiber ,nBint~lned7 Occas~nal rak. ~g b, u$3ge dictates ia all that Is nec~ss~ y to keep the pla:~ mea ~ oed condlqon. Acco~r,g to usage, th, are~ ~i I need to be top~ eJ off perl~l~lly Active praygrounds .,re uscafly topped o~ eve hr~ye3rs, F~ar h ~ubrk :e 4ed ~n a:cor~nce ~Rh ~M Fl 2~ impact t~ts. Fiber e~ce. 's ASIM stewards and CP~ guldel,r es ~ese test r~ul(s ~e ava.able on request. 14, What If children aa, Il? ~J~r l$ a nontoxic all ni Jra' wood product and not, hem~¢al[y trea~ed t~, any way 15. Whydo I need FlborMat.~l T~ey protect the sur/acing ar, d ;lc ~rrel: In heavl'y dse~ areas Suck as urd~r swings, slme e~,ts, an~ s:,d;ng poles 16. Have Fiber 5y~tem~ bee,~ used In h.nar-city erea~? Yes For e~ampie, rtl:ar is the surface of c -o,ce for all al aha New York CI~y Curbs 2' ~.ayCur t' P:ayCurbs instatt easib' as the). foil. ow the contcur of t,qe earth and ruClb,'re ,'Cicl*nLi,'n ~,stP ,s~F~a~a~:'oq. These 1Z" barne's ~re the preferred solution for reC~m:qti -roi: loose-fiR surfacing r. ateqa.s fqc[udin? rr, anuf-aczu,ed ~,ooS-ffbe: d'ainage systems..~ach PLayCurb (nc:bales interr, al eemf..~rced guides to accept the 30" long hot-dipped 9a'.va,,4zed s'.eel st~bes rro~ded. Available in ten dfffe'e~;c ssandarc cotors CF any .J Enriching Childhood Through PI, ay 1-800-23 5-2440 c.~mbfnatiun, p~us rec'/c!ed black ptasti:. ',~, v, /, 6 cl ri) u t i Ill .: C' ", I'~' -~6-2800 16:31 DRP ~87 3314728 P. 86,'Ll6 Play l Curbs' Z' Straight PlayCurb · 2'4" (.?lin) ~ lz" (.3~m) he · Inducim me g~wreed ~ $~e P~:kage TOTCL P. AGENDAITEM NUMBER: Request to be placed on: AGENDA REQUEST March 05, 2000 Date: February 29, 2000 XX Consent Agenda Special Agenda Workshop Agenda When: Description of agenda item: Approve bid award for the purchase of liquid chlorine to Jones Chemical at an esbmated annual cost of $69.090 and the purchase of calcium hypochlorite to Leslie's Swimming and Pool Supplies for an estimated annual cost of $4,449.50. Pricing per the C~ty of Boca Raton Co-op Bid #2000- 046 for a total esbmated annual amount of $73,539.50 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Bid award to Jones Chemical and Leshe's Swimming and Pool Supplies for the purchase of liquid chlorine and calcium hypochlorite at an estimated annual cost of $73,539 50 Pricing per the City of Boca Raton Co-op Bid #2000-046. Funding from account code 441-5122-536-52.21 for $69,090 and from 441-5144-536-52.21 for $4,449.50. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on_~lJ.!jte, ms involving expenditure of funds): Funding available: Yes ~" No Funding alternatives: (if applicable) Account Number' Account Description: Account Balance: ~ 15"~,~ oe/~ . 3'3 City Manager Review: Approved for agenda: Yes ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph ~nance Director February 29, 2000 DOCUMENTATION - CTIY COMMISSION MEETING MARCH 07, 2000 - BID AWARD BID #2000-046 - CITY OF BOCA RATON CO-OP BID FOR LIQUID CHLORINE AND CALCIUM HYPOCHLORITE Item Before Commission: The City Commission is requested to approve award to the two (2) vendors listed below for the purchase of Liquid Chlorine and Calcium Hypochlorite for the Water Treatment Plant at an estimated annual cost of $73,539.50 for the City of Delray Beach. Pricing per the City of Boca Raton Co-op Bid #2000-046. Background: The City of Boca Raton is the lead agency for this cooperative bid. Bids were received on February 22, 2000 from five (5) vendors based on estimated annual quantities of the participating governmental entities. (Documentation of file in the Purchasing Office.) A tabulation of bids is attached for your review. The City of Boca Raton recommends award to low bidder per item. See attached memo dated February 23, 2000 to members of the Cooperative Purchasing Council of Palm Beach County. This award is scheduled for the City of Boca Raton Council Agenda meeting of March 21, 2000. The Manager of the Water Treatment Plant has reviewed the bids received and recommends award to the following vendors, per the attached memo dated February 28, 2000. Vendor Jones Chemical Leslie's Swimming Pool Supplies Total Estimated Annual Usage $ 69,090.00 4,449.50 $ 73,539.50 Recommendation: Purchasing staff recommends the award to the two (2) vendors listed above for the purchase of liquid chlorine and calcium hypochlorite at an estimated annual cost of $73,539.50. Funding from account code 441-5122-536-52.21 for $69,090 and from 441-5144-536-52.21 for $4,449.50. Attachments: Memo from City of Boca Raton Dated 02/23/2000 Tabulation of Bids Memo from Manager Water Treatment Plant City Of Delray Beach Department of Environmental Services M E M 0 R A TO: Jackie Rooney FROM: Don Haley C-~ ' /- SUBJECT: CI2 Bid N D U M DATE: 02~28~00 After review of bid # 2000-046 on liquid CI2 and Calcium hypochlorite; the W.T.P. agrees with the recommendation for Jones Chemical (tons @ 294.00 per) and Leslie Pool Supplies (100 lbs @ 88.99/drum). The estimated use for this year will be 235 ton of liquid CI2 and 50 drums of CaOCL. C12 235 tons x $294.00 = $69,090.00 Calcium Hypochlorite 50 drums x $88.99 = $ 4,449.50 Total $73,539.50 [~ESSRVOO2\rmgersen~memo format~jackte 022800 doc [ITY OF DELIiSlY PURCHASING DIVISION TO: FROM: THROUGH: SUBJECT: DATE: Don Haley, Manager Water Treatment Plant Jackie Rooney, Purchasing Supervisor ~' Joseph Sa~ctor of Finance Co-op Bid - Liquid Chlorine February 24, 2000 Attached is a copy of the tabulation of bids from City of Boca Raton for the Co-op Bid for Liquid Chlorine and Calcium Hypochlorite. They are recommending award to Jones Chemicals for liquid chlorine at $294.00 per ton and to Leslie's Swimming Pool Supplies for the calcium hypochlorite at $88.99 per 100 lb. drum. They will be going to their City Commission meeting of March 21, 2000 for award. If you agree, send to Purchasing your award recommendation memo and I will proceed with the commission agenda package. If you have any questions, you may reach me at ext. 7163. Thanks. FAX COVER SHEET CITY OF BOCA RATON PURCHASING DIVISION 201 W. PALMETTO PARK ROAD, BOCA RATON, FL DATE: February 23, 2000 TIME: TO: 12:30 PM Po.~t~lt~ Fax Note 7671 Date I "of I, ~'. ~, [page.~ To From ~,~ ~t ~t ..__ Co~ep~ Co, Phone ~ Phone ~ FROM: RE' Chlorine Co-Op Members (Boynton Beach, Delray, Lake Worth, Riwera Beach, West Palm, S. Central Reg_ Wastewater Tmt Plant, Tequosta, Wellington, Lantena) Lynn Kunkel PHONE: [561-393-7874] Sr. Buyer, Purchasing Division FAX: [561-393-7983J Results of Liquid Chlorine & Calcium Hypochlorite Bid PALM BEACH COUNTY CO-OP BID NO. 2000-046 Page I of 2 Attached is the tabulation for the above bid. I will be sending you the bid responses for Jones and Leslie's Swimming Pools in the mail for your files_ If you have any concerns with the award being recommended to Jones Chemical (Chlorine products) and Leslie's Swimming Pools (Calcium Hypochlorite), please call me as soon as possible. I spoke with the representative from Leslie's Swimming Pools and they prefer a two day window for deliveries or use of a pre-scheduled delivery date. They have no minimums, but the representative requested that each entity let her know what kinds of quantities they will be ordering so she can make sure she has enough supply locally. Boca Raton will be taking this award recommendation to the March 21,2000 council meeting The contract pedod will start on April 1, 2000. In regards to the market, the pricing did go up, but we are still paying less than the Broward Coop. They are paying $317.10/ton. -- Z m z 0 r' o 0 0 AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda When: March 7~ ,2000 Description of agenda item (who, wh~, where, how much): to approve bid awards recommendation. Agenda Item No: ~'. ~Z. ~ Workshop Agenda City Commission is requested for replacement of City vehicles per staff ORDINANCE/RESOLUTION REQUIRED YES/NO Draf[ Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items inyolving expenditure/~ of funds): ~,~~'~ ~'~ Funding Availabl · ~_~0 Funding altemati'v~ . (if applicable) Account No. & Description: ta~ Account Balance: .~. ~[7~'~i_o - ' ....... City Manager Rev,ew: Approved for agenda:~ Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved rlT¥ OF DELI:II:I¥ BER£H DELRAY BEACH Ail-America City TO: 1993 FROM: DATE: 100 N.W. 1st AVENUE MEMORANDUM David T. Harden, City Manager 4J~Robert,, A. Barcinski, Assistant City Manager March 1,2000 DELRAY BEACH, FLORIDA 33444 561/243-7000 SUBJECT: CONSENT AGENDA ITEMS # CITY COMMISSION MEETING MARCH 7, 2000 BID AWARD - REPLACEMENT VEHICLES Action City Commission is requested to approve bid awards for replacement of City vehicles per staff recommendation. Background City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a combination of the above. Attachment "A" is a list of the vehicles being recommended for replacement this year. On February 1, 2000 City Commission approved the award of 28 vehicles. Six {6) additional vehicles, other than a tire pumper, still need to be replaced. Recommendation Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in Attachment "B", from the State of Florida Contract, as specified in Attachment "C" and from various other local contracts as specified in Attachment "D". These unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors. The total of the recommended purchases is $189,339. Funding is available from the FY 99-00 budget in City Garage account #501-3312-591-64.20 in the amount of $131,119 and in account #442-5178-536-64.90 in amount of $58,220. Attachments c: Bill Darty Flle:u:sweeney/ogendo Doc030 I00 b~l award vehicle repl THE EFFORT ALWAYS MATTERS City of Delray Beach Proposed Vehicle Replacement Listing FY 99-00 Attachment "A" Line Current # Vehicle # Department Assigned Vehicle Make Model Old Vehicle Description Year Mfg M~leage 1 i 799 Ocean Rescue Polaris 4X4 ATV 1997 0 2 755 Ocean Rescue Kawasak~ 4X4 ATV 1998 0 3 9411 Fire EMS Admin GMC Suburban 3/4Ton 4X4 heavy Utility 1994 62,357 6; 223 Ut~l~ Billing CheW S-10 Compact Pick-Up 1991 70,500 7 388 Code Enforcement Ford Escort 4 Door Compact 1991 74,000 8 448 Water Distribution GMC SL 2500 3/4 ton Pick-Up 1990 101,500 9 390 Code Enforcement Ford Escort 4 Door Compact 1991 87.300 10 402 Utlhty Billing Ford F-250 3/4 ton Ut!lrb/Trk 1989 126,000 11 419 Liftstabon Maint Ford Areostar Cargo Mini Van 1987 103,500 12 1401 Police D-2 Chevy Caprice 4 Door Sedan 1994 85,000 --13 1402 PohceD-I ChevyCapdce 4DoorSedan 1994 97,30~ 14 '~ 404Police D-3 Chevy Caprice 4 Door Sedan 1994 101.000 15 1406 Police D-2 Chevy Capdce 4 Door Sedan 1994 108,000 16 1 407 Police D-2 Chevy Caprice 4 Door Sedan 1994 109,300 17 1420 Police D-3 Jeep Cherokee 4X4 SUV 4X4 1994 76,000 18 1217 Police D-1 Ford Taurus 4 Door Sedan FWD 1992 87,000 21 1925 Police Investigation Ford F-250 3/4 ton Pick-Up 1987 80,500 22 222 Util~ B~lhng Chevy S-10 Compact Pick-Up 1991 92,500 23 393 Buildm Inspection Ford Escort 4 Door Compact 1991 48,500 24 392 Bulldln Inspection Ford Escort 4 Door Compact 1991 36,300 25 409 Water Distribution Ford F-250 3/4ton Pick-Up 1989 101,40(~ 26 414 Water Distribution Ford F-250 3/4 ton Pick-Up 1989 102,200 27 614 Traffic Operations GMC SL 2500 3/4 ton Pick-Up 1990 57,000 28 703 Parks Maintenance GMC SL 2500 3/4ton Pick-Up 1990 79,500 29 - 720 ParkslRec Admm Ford Escort 4 Door Compact 1991 73,500 31 10 Parks Maintenance Toro Mower Mower 1991 (~ 32 8 Parks Maintenance Toro Mower Mower 19~91 0 33 225 Utilriy Billing Chevy S-10 compact P~ck-Up 1991 72,500 34 651 Streets Maintenance Ford F-350 Crew Cab 1 ton Crew Cab 1989 65,200 35 612 Traffic Operations Ford F-350 Crew Cab I1 ton Crew Cab 1989 53,000 36 389 Buildin Inspection ,Ford Tempo !4 Door Subcompact 1992 66,000 37 781 Parks Maintenance Ford Tempo ~14 Door Subcompact 1992 51,700 38 382 Code Enforcement Ford Escort !4 Door Compact 1991 47,000 39 719 Parks/Rec Admin Ford Escort 4 Door Compact 1991 51,500 40 380 Code Enforcement Ford Escort 4 Door Compact 1991 88,500 41 399 Code Enforcement Ford Escort 4 Door Compact 19@1 58,500 42 1012 Pohce Investigation GMC Suburban Large Utility 4X2 1990 62,000 43 415 Wastewater Collect GMC Step Van Step Van 1989 40,500 City of Delray Beach Proposed Vehicle Replacement Listing FY 99-00 Attachment "B" Florida Sheriffs Contract Line Item Line # Vendor !Year Make Model New Vehicle Description Commodity # Coat Total Cost 42 Duval Ford 2000 Ford ExpedA~on 4X2 Large Utility 4X2 FSA Spec #7 27,374 27,374 City of Delray Beach Proposed Vehicle Replacement Listing FY 99-00 Attachment "C" State of Flodda Vehicle Contract Line Item Line # Vendor Year Make Model New Vehicle Description Commodity # Cost To~al Cost 10 :Maroone Dodge 2000 Dodge Ram 3/4 ton Utility Pick-Up 070-500-425 16,927 16,927 27 Maroone Dodge 2000 Dodge Ram 3/4 ton Utility P~ck-Up 070-500-425 17,622 34,549 28 Maroone Dodge 2000 Dodge Ram 3/4 ton Ublity Pick-Up 070-500-425 17,622 52,171 City of Delray Beach Proposed Vehicle Replacement Listing FY 99-00 Attachment "D" Local Bids L~ne Item Line # Vendor Year Make Model New Vehicle Descnption Commod~y # Cost Total Cost 31 Hector Turf 2000 Tom 325D 72" Recycler Lawn Mower Hector B~d 12,337 12,337 32 Hector Turf 2000 Tom 325D 72" Recycler Lawn Mower Hector Bid 12,337 24,674 43 Cues Inc 1999 Ford/Cues T V Truck 14' Cube Van/TV equip Cues B~d 85,120 109,794 AGENDA ITEM NUMBER: ~'..~- · ]O Request to be placed on: ~AGENDA REQUEST Date: March 2, 2000 XX Regular Agenda __ Special Agenda Workshop Agenda When: March 7, 2000 Description of agenda item: Request approval to hire O.K. Tours, Inc. to finish Shortway Bus Lines contract; they will honor the prices in Shortway's contract. The amount will be approximately $~OO and will be funded out of account numbers 115-49t2-572-55.30, 001-4106-572-44.90, 001-4105-572-44.90 and 001-4121-572-44.90. Shortway was awarded Bid #99-01 on December 2, 1998, and ORDINANCE/RESOLUTION REQUIRED: YES NO X was renewed. Draft Attached. YES NO X Recommendation: Approval to hire O.K. Tours, Inc. Department Head Signature: Determination of Consistency with ~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on a/Il items involving expenditure of funds): Funding available: Yes V/ No Funding altematives: Account Number: Account Description: Account Balance: (if applicable) eot- z.qq x)l-ql .Zl z.qq-qo City Manager Review: Approved for agenda: Yes Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved DELRAY BEACH Pa&s 6 Recreai bn M~,MORAN DU~ TO: David Harden City Manager FROM: THROUGH: SUBJECT: Rodger R. Ribeiro, CLP Recreation~p~rintendent Joe Weldon ~ Director of/~arks and Recreation Bus Contract DATE: March 2, 2000 Our current bus company, Shortway Bus Lines, has gone out of business. I have secured O.K. Tours, Inc., bus company located in Deerfield Beach. They have agreed to honor the Shortway Bus Lines contract. I have checked references at Bucky Dent Baseball School, who is currently using O.K. Tours, Inc. and they highly recommend using them. Brian Shutt, Assistant City Attorney, has drawn up a contract for O.K. Tours, Inc. for your review. I would like to put this on the March 7, 2000 agenda for City commission consideration. Spring Fling camp is March 13 - 20, 2000 for which buses will be needed. If you have any questions, please contact me at 243-7256. Rodg~ R: Ribeiro, CLP Recreation Superintendent Cc: Brian Shutt, Assistant City Attorney Alison MacGregor Harty, City Clerk Jackie Rooney, Purchasing Supervisor File: Attachments: :2.1o. 50 Northwest 1 st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax: (561) 243-7268 · http-//www dbpr.com OK TOURS. Inc. Travel Wtth Distinction Date: To: Company: From: Number of page(s): Wednesday, February 23, 2000 Roger RIBEIRO CITY OF DELRAY BEACH Jean-Michel THIRION I (including the cover page) COMMUNITY CENTER I' As per our conversation, please find enclosed the following proposal: As a replacement Motor Coach Company, we at OK TOURS, INC. agree to provide the transportation and services to the City Of Delray Beach. The transportation will be provide in European Motor Coaches, 50 to 59 seats. The conditions will be as agree on the previous contract. Thank You for choosing OK TOURS. Jean-Michel THIRION (~'-~): 998 South Military Trail ':.~:' Deerfield Beach, FL 33442 .:.~'~ Tel.: (954)-420-5060 Miami: (305)-672-9575 ','.*' Orlando: (407)-354-0008 :½. Fax.:. (954)-420-0807 DELRAY BEACH Pa ks 6' Recre i on MEMORANDUM TO: David Harden City Manager FROM: Rodger R. Ribeiro, CLP Recreatio~~rintendent THROUGH: Joe Weldo~ Director ~f Parks and Recreation SUBJECT: Bus Transportation Contact DATE: February 22, 2000 Self-Transportation d/b/a Shortway Bus Lines that is currently under contract with the City has gone out of business. I am in the process of contacting bus companies to see if they will honor Shortway Bus Lines contract prices. Once I have a Letter of Agreement with the bus company, I will send you a follow-up memorandum. Spring Fling camp is March 13 - 20, 2000 for which buses will be needed. Rodger R. Ribeiro, CLP Recreation Superintendent RRR: cp Ref: rrrdhbus 50 Northwest 1 st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax' (561) 243-7268 03/03/00 FRI 09:42 FAX 561 278 4755 'M~r. 2 'OO ~5:51 0000 OK TOLIRS, Inc. DEL BCH CTY ATrY ~ CITY HALL TEL 954-420-0B07 002 1 STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this ~ day of _~~.~, 20~x~ by and between thc CITY OF DELRAY BEACH (hereinafter called CITY) and (hereinafter called CONTRACTOR). WITNI~SSETH: The CITY a~ the CONTRACTOR in consideration of the mutual covenants heretnnf~er set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined ali contract documents, and will perforln the contractual requirements pursuant to all covenan~ and conditiot~. 2. The CONTRACTOR, as evidenced by the execution of this Contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the contract price includes all costs and expenses required tbr the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include thc following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCIJlVIRNT/S Standard Form of Agreemem Corporate Acknowledgment Certificate of Corporation Drug Free Work Place Certification Specifications Schedule of Pricing 03/02/00 THU 16:31 fTX/RX NO 8869] ,03/03/00 FRI 09;43 FAX 561 278 4755 r%r. ~ '00 15:~2 0000 OK TOt_~S, Inc. DEL BCH CTY ATYY ~ CITY HALL TEL 954-420-080? ~ 003 P. 2 4. Thc CONTRACTOR shall not charge or at. rapt to collect any fee for thc time that it takes a bus to arrive at the CITY facility from the CONTRACTOR'S garage or for the time that thc bus takes to travel from the CITY facility to the CONTRACTOR'S garage. 5. The term of this contract shall commence upon execution by both parties and extend until Septe~nbcr 30. 2000. 6. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 7. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of I)elray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33,g44 As to Contractor: 8. The COIqTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written co~¢nt of the CITY. 9 The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to thc other party hereto in respect to all ~.onvenants, agreements and obligations colltained in the scontract docaiments. I 03/02/00 THU 16:31 [TX/IIX NO 66691 03/03/00 FRI 09.43 FAX 561 278 4755 }~ar. ~ 'O0 15;~3 ~OOO OK TO'iRS, Inc. DEL BCH CTY ATTY -~4~ CITY HALL TE~_ 954-420-000? [~004 lC). Thc CONTRACTOR, for good ~nd valuable consideration sh~ll indemnify. deleted and .~avc harJ~less thc CITY, ~ts officer's agents, and ~mploy~¢s. from or on account of any claim~, damages, received or sustained by any person or persons resulting from the work provided for this Project; or by or i~ consequence of any negligence in connection with the ~ame; or by use of any improper materials or by or on account of any usc of any improper ~tcri~l~ or by or oz~ account of any acL or omission of the said CONTRACTOR or hi~ ~ub~ontractors~ agcms, servants or employees. CONTRACTOR agree~ to defend~ indenmify ~nd .~ave harmless the CITY~ iLS officer~, agent~ and cmployees~ ~gainst ~ny liability arising from or based upon the violation of any federal. ~tate. coun~ or city laws~ by-luws. ordil~lnces or regulations by thc CONTRACTOR, his sub¢ontractors~ a~ents. ~ervan~ or employees. CONTRACTOR further agrees to d~fend, indemnify and ~ave harmless the CITY. its officers, agents, or ~mployec$ from ull such claims, fees, and from any and all suits and actions of every name and description ~hat rnay be brought against the CITY or it~ officers~ agents or employees on a(~count of any cJaims~ fees. royalties, or costs for any invention or patent, and from a22y and ~]! ~uit$ and actions that may bc brought against the CITY. its officer~, agents, or employees for the infringement of any and all patents or patent ri§ht~ claimed by any person, firm or corporation~ The indemnification provided above shall obligate the CONTRACTOR to de~end at hi~ own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits aud a~tions of every name and description that may be brought against the CITY. its offxcers, ugents, or employe~$ which may result from the operations and activities under ~h~ ¢ontra~t whether the work be pcr~brmcd by thc CONTRACTOR. his sub¢ontracLo~ 03/02/00 THU 16:31 [TX/RX NO ~669l 03/03/00 FRI 0~:44 FAX 561 278 4755 Mar. ~ 'OO 15:3~ 0000 Ol< TOU~S, Inc. DEL BCH CTY ATTY ~ CITY HALL TEL 9S4-420-0807 005 4 or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and ~osts at trial and appellate levels 11. This Agreement shall be considered ~mll and void unless signed by both the Co]~rRACTOR and the OIA/NER. 12. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day alii year first above written. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney WITNESS. (Print or Type Name) CONTRACTOR: By :~~~~~~~}~ (SEAL) I 03/02/00 THIJ 16:31 [TX/RX NO 6669] 03/03/00 FRI 09'44 FAX 561 278 4755 Mar. 2 'OO 15:34 OOO~ OK TOL~$,Inc. DEL BCH CTY ATFY ~ CITY HALL TEL 954-~2~-0807 006 5 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF ~ The foregoing instrument was acknowledged before me O'L,,.,'ck .20oo b~ _ 'O~e~, - ~., o_~,.~ i -T'~;~.,~ or agent, title of officer or agent) of acknowledging), a FI o e i of the corporation. this _~ day of (name of officer (name of corporation (slate or place of incorporation) corporation, on behalf He/She is personally known to me ~,- ~__ .... ..---'"4"~"a- (type of idgntificatio]0 as identification. t'rmt, '13,pe or ~t~mp ~ame or "- Notary Public 03/02/00 TIiU 16:31 [TX/RX NO 6669] Pier. 3 'CO t6:~9 OCOO CK TOI_'RS, Ir~c. TEL 954-420-8807 P. 1 CERTIFICATE (if Corporation) STATE OF FLORIDA COUNTY OF ~ ) ) SS ) ) I HERO, BY CERTIFY that a meeting of the Board of Directors of C~ ~ 'T't:wA~ ~ _ · a corporation under tim laws of thc State of held on ~, 2000 the tbllowing resolution was duly passed and adop~d: President of I~ corporation, he/she is hereby authorized to ex~ulc t~ Agreement dat~ ~ ~_~. ~ ~ ,2~, betw~n ~ City vf Delray Beach, Horida, and this corporation, and ~at his executton thereof, atlegted by the Secretory of th~ co~oralion and with co.orate seal afl~xed, shall be thc official act and deed of this co~oration". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my, hand and affixed the official seal of the corporation this ~ day of . ~ _ 2000. (Seal) AHIA CERTIFICATE OF INSURANCE PRODUCER Ja~.l(sonv~ile, Fi. 3~46 ' IN~,URF..,D OK TOURS, INC. 998 ~ SOUTH MILITARY TRAIL DEERFtELD BEACH, FL 33442 COVERAGES This IS TO CERT.FY THAT THE POLICIES ¢ THIS CERTIFICATE IS I,~i, SUED A8 A MA"FI'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI,~ CF,.,RTIF[CATE DOES NOT AMEND, ~E~ ~ ALT~ THE COMPANI~ AFFORDING COVE~GE WEST~R- INSURANCE CORPORATION LliTT£R B VIRGINIA ,,~JRET? COMPANY,dNC COMPANY C~P~Y COMP~ LE~R E ~N::)tCATED, NOTWITHSTANDING ANY RFC JERTII=ICATE MAY' BE ISSUED OR ~,,/[A'r PEI EXCoUSION5 AND CONOITIONS OF S~..C~, COLIr A ~NS~JFIA~ICE LIS rED ~ELOW HAVE BE£N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEi'~CD ,tREMENT, 'ERM OR C©NDF;IOh OF ANY C:3NTRACT OR OTHE~ COCUMENT vvl'rH RF. SPECT TO WHICH ~AIN THE Ir.,JSIJRAJ~ICE AFFORDED ~Y T~,E POLICIES DESCRI~;'D HEREIN ~S SUi~ECT TO ALL THE TERbI~ 3~ C,E~ LIM'TS SMOWN MAY HAVE BE~[~ ~EDL.~ED I~v PAI~ CLAIMS Type of Insurance [ Pol~c ~ Commercial GenMal L $1U8~';~O9 Commercial S U20008, Comme~ oral $1U~0008 0 SIU20008 0 $~U2OO08 0 $ b~0008 -0 ~ SIU20008 0 S~UZODO8 .0 : O2~?o~ 6 0200~ 062 ~ 02001062 6 02C0~ 062 6 Ex31r~, Coverage ! Ded ,, 12/20/00 COMMERCIAL LIABILITY 12/20/00 COMMERCIAL AUTO LIABILIT~ 12/2o,~00 HiRED, NON OWNED 1 ~20/,3~ PI P 1PJ2Ol30 UNiN~,J RED MOTORIST 1 ~'~O0 PHYSICAL OAMAGE PPV 1~0 PFY~tCAL DAMAGE COACHE I~20~ P~Y~CAL DAMAGE MINIBUS I/1/01 DIVIDEND ~% 1/I/01 DISE~E ~CH EMPLOYEE 1/1~1 DISE~E POLICY LIMIT 1/I/0~ EACH ACCIdEnT $1,0~ $~O0~ $2,0~ $100,000 $500,0OO $' 90,000 Ann 1./1 C~RTIFICATE HOL~)ER IS AN ADGITIONAL ~,~$URED WITH RE ;P~ 5'"*S 3'0 THE OPERATIONS OF TH8 NAMED IN,~UR~D CEIRTIFI~.,ATE HOLDER CITY' OF DELRAY BEACH ATTN: RODGER R. RIBEIRO 50 NW 1ST AVENUE DELRAY PEACE, FL 3,.34~4 CAN~.ELLA'IrlQN ,~[4-{OULD ANY OF TI~E AE~)VE DESCRIBED POLICIES BE C~CELLED BEFORE THE EXP ~TION DA~ THEREOF, THE ISSUING C~P~Y WILL [ND~VOR TO MAIL 30 DAYS WRI~EN NOTICE TO THE CERTIFICATE HOL~R NAMED TO THE LE~, BU~ FAIL~JRE TO MAIL, '~", .~UCH NOTICE ~ALL IMPOSE NO Oegl~Tl~ OR LiABILI~ ~ ~Y KI~D U~ON THE C~PANY. ITS AGENTS OR REPRESENTAT~ES 03/03/00 FR! 09:45 FAX 561 278 4755 DEL BCH CTY ATTY ~ CITY HALL ~007 M~r. ~ '00 15:~4 0000 OK TOURS, Inc. TEL 954-42~-0807 P. DRUG ~ WOR.I~LACE CERT]~rICATION If identical tie bid~ exisr, pr~fcrcnc~ will I:,c given ~o the vendor~ who subrrd~ a c~'f. ifi~ofl '.~ith theLr bid/prOposal oertifyi-ns they have a chug-fi'co workpllw_~- in a~eordanc.~ with Se~flon 257.0S7. Florida Statutes. The drug-f~e vmrk'place preforear, e is applied as follows: rl~Fd~TICAL ~ BTDR- Preference shall bc given to businesses v~ith dena-fi'ce wo~pl~ pro~s. ~ncv~ ~o or mo~ bids w~ch ~ ~ ~ ~ct to p~, q~i~, ~d s~ ~e received by ~o S~ or by ~y poli~ subdivision for ~c p~c~ of ~odiges or ~n~ se~i~s, · bid ~cived ~m a b~css ~i ~fies ~a~ ii h~ ~plem~l~ ~ ~g-~ ~rkpla~ p~ ~1 bc given p~rc~ ~ ~c a~d p~ss. Embli~h~ pr~~ ~r ~c~s~g ti~ bids ~!1 b~ foll~ if n~n~ of ~ ~ vendors ~v~ a ~ ~ workpl~ pro~. A.s tl~¢ p~rsmx authoriz~ to sig~ this statemcn:, I ccnif'y that this firm complies fully '~tith the following rw4uh'cmcnts: I) This ~ publishes s statement notifying employees that thc unlawful maaufactxtre, distelbution, dispensin~ possession, or u. se elr ~ r. ontrollr, xi substanc~ is prohiblt~d in thc v~orkplecc and specifying thc a:tions that will bc taken agaizl.sl omploy~es for ~iolation~ of such prohibition. 2) This firm i~orrns employees abouI the ~[angers of dr~ig abuse in thc workplace, the bu~iriess'$ policy of maintaLn~g a drug-f'r¢c ~orkplace, any available cL,-ug co~mselLrig, rehabilitation, and employee a.ssietanc¢ prell, and the penalties that may bc imposed upon crnployees for drug aJ~use violations. 3) This t-u'm gi~es each employee engaged in providin$ the corm'nudities of ¢~nlractua] Services, that ar~ under bid, a r.~py ofth~, statemcnl specified in subsection (i). 4) In thc s'ta~men~ specified in subsection (1), tKis firm notifies fine employees that. ~,s a condi~on of wor~g on ~c ~o~ti~s or con~ sc~i~s ~t ~c ~der bid, ~e employee ~11 abide by ~e ~ of ~c ~tem~t ~d ~11 noti~ ~e ~ploy~ of ~y ~nvic~on of, or pl~ of ~1~ or ~olo con. tiers ~, ~y ~olau~ of C~ptcr g93 or ~y ~n~oll~ subs~ law of ~e U~ S~s or ~y ~, for n violation o~ ~ ~e wor~la~ n~ la~ ~ five (S) days ~er s~h ~nviction. s) This firm imp0scs a sanction on or rutuirce ~at satisfactory partieil~tion i~ t drug ebu~e esistanc¢ or rchzbilitalioe program it' such is available in the employee's community, b~ any employee who ss so convicted. This ~ ~ill conliriue to make a good faith cffort m maintain a druc-frrz wurkplsce through iniplemmtation of this sectier~ 02/Za/OO M(IN 12:07 I'I'X/RX NO 00581 03/02/00 THU 16:31 [TX/RI NO 6669] 03/03/00 FRI 09.46 FAX 561 278 4755 Mcr. ~ '00 15:35 0000 OK TOLlS, Inc. DEL BCH CTY ATTY ~ CITY HALL TEL 95~-d20-0807 ~ 008 P. C CITY OF DELRAY BEACH SPECIFICATIONS FOR BUS RENTAt. AND DRIVER SERVICE FOR PARKS AND RECREATION CONTRACT TERM: Commencing upon the execution of the contract by both parties and expiring September 30, 2000. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the ~;onstruction or repair of a public building or public work, may not submit bids on leases of real property to a public m~tity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant reader a contract with any public entity, and may not transact business with any public entity in: excess of the threshold mount provided in Stetson 287.017, for CATEGORY TWO for a. period of 36 months from the date of being placed on the convicted vendor list. PROGRAMS TO BE SERVICES BY BUSES AND DRIVERS: 1. YOUTH FOOTBALL PROGRAM: One to lbm' buses with drivers will be needed on Saturdays from approximately 12:30 P.M. to 1I:00 P.M, lIome game dates will require one bus; Away game dates will require up to four buses. Games Ix:gin approximately August 19, 2000 in various cities between Miami m~d West Palm Bench. 2. SU]Vl]VIER CAMP: LIp to five buses with drivers will be needed for eight weeks Monday through Friday from 9'00 A.M. to 4:00 P.M. from mid-June through mid-August (nine weeks). The number of buses will depend on the number of children enrolled in camp. Buses must be ready ~hr departure at ~ssigned sites by 9:00 A.M. The City will not be responsible tbr any time after 4:00 P.M. unless late return was due to the City's decision (i,e. traffic, highway accident, 3, HOLIDAY CAMPS: Up to two buses with drivers will be needed l¥om 9:00 A.M. to 4:00 P.M. Monday through Friday (except actual holidays) lbr the week of Easter break t?om the public schools (late M~reh or early April), 4. DALLY SPECIAL EVENTS: Up to three buses mtd drivers lbr one day cvcn~ throughout Palm Bcach, Broward and Datlc counties. Buses will be reserved no later than 24 hours in advance. Times used will be dependent on events. 03/02/00 THU 16: 31 [TX/RX NO 6669] .03/03/00 FRI 09 46 FAX 561 278 4755 Mar. 2 '00 15:36 0000 OK TOURS, Inc. DEL BCH CTY ATTY ~ CITY HALL TEL 95~-4~-0807 ~ 009 P. 8 D BUSES AND DRIVERS SHALl, MEET THE FOLLOWING CONDITIONS: 1. Buses shall be certified by the State meeting requirements to transport school children with a minimum of fifty-nine (59) passengers, air conditioned and with restroom. 2. Bus drivers and Company will meet all Federal and State rules, regulations, statutes, and ordinances, including proper driver's licenses, bus certifications, etc. 3. Liability insurm~ce will be supplied by the company upon execution of the contract in a form acceptable to the City, 4. Contractor shall supply a copy of thc written procedures for supplying alternate buses for buses which are disabled during transport. 5. Contractor shall provide a list of the types of buses tlmt will be used for transportation. The City of Delray Beach reserves the right to reject any bus which does not meet minimum standards specified in this centrist. ' 6, Rental fee to include all gasoline charges. All maintenance of all vehicles, including any towing charges incm;ed by disabled buses, will be the Contractor's responsibility. 7. Vehicles may be garaged at the City Attorney's Complex, 200 N.W. 1st Avenue, Deh'ay Beach. Fhmda, and/ar the Public Works Complex, 434 South Swinton Avenue, Delray Beach, Florida. 8. Their wild be no cost fbr travel time between Contractor's garage and the City of Delray Beach. 9. The City of Delray Beach reserves the right to cancel this agreement by giving thirty (30) days written notice of the intention k~ cancel at any time the Contractor fails to fulfill or abide by any of the terms and/or conditions specified. 10, Any claims of damage must be reported immediately to the Recreation Superintendent. Any necessary repairs for the damage must be submitted in writing with cost estimates and pre-approved by the Recreation Superintendent betBre repairs are started. 11. Some programs may require a bus or van wifli a wheelchair lift to accommodate wheelchair-bound participants. This lype of van must be available upon request with advance notice. 12. Number of hours, miles and buses or vans are approximations and specific numbers are dependent on other factors. Vendor will be g~ven as much advance notice as possible, but not less than 24 hours. I 03/02/00 THU 16:31 [TX/RX NO 8669] 03/03/00 FRI 09:47 FAX 561 278 4755 ~ar. 2 '00 15:~ 0000 OK TOURS, Inc. DEL BCH CTY ATTY 4+~ CITY HALL T~L 9~4-4213-0B07 ~ OlO P. 9 13. Radio communication between the bus drivers and the bus dispatcher must be in effect and operating at all times. 14. Thc City reserves the right to cancel bus use for individual trips by giving 24 hours notice without penalty to the City, 15. In thc event less funds are budgeted for a new fiscal period, the City shall notify tile vendor of such occurrence, and may reduce the bus usage following thc last day of the current fiscal period without penalty or expense to the City. 16 A Recreation Supervisor riding a bus may request changes in the bus schedule or stops due to weather conditions or emergency situations. Driver must recognize staff requests for schedule changes and emergency stops mid honor them. ! 7. All prices shall include parking/toll charges. Buses must stay with thc group for the duration of the individual trip unless otherwise directed by the Center Supervisor, 1 g, Contr~t. or shall supply to lhe city monthly maintenance records of the buses used in various programs, INSURANCE CONDITIONS: 1. The Contractor will inclen-miry and save harmless the city against any and all claims connected with this contract excopt t.o the extent same ,irc caused by the active negligence or misconduct t)f the City. 2. Contractor will provide a bus, properly inspected and as requested by the City, and a State licensed and Contractor qualified (i.e. MVR check, etc.) driver. 3. Comprehensive general liability insurance witl~ mimmum combined single limits of $1 million per occurrence, including premises and operations, independent contractors, products/completed operations, and contractual liability. 4. Automobile liability insurance on "ali autos" basis with minimmn combined single limits of $5 million per occurrence. 5. Workers' compensation coverage as required by Florida State Statute, and Employer's Liability insurance with limits of at least $$00,000 per accident. 6. A Certificate of Insurance must be received by the City prior to any Contractor act:vity related to thc Contract. The Certificate will evidence the above insurance requirements and, m addition, will name the City of Delray Beach as m~ additional insured under the General and Automobile Liability Insurance policies. The Certificate will state that thc C~ty will be notified thirty (30) days prior to cancellation and/or modification to any pobcy of insurance. 03/02/00 'THU 16:31 [TX/RX NO 6669] 03/03/00 FRI 09.48 FAX 561 278 4755 DEL BCH CTY ATTY ~ CITY HALL TEL 954-420-0807 ~ Oll P. 10 CITY OF DELRAY BEACH SCHEDULE OF PRICING PRICING FOR BUS RENTAL AND DRIVER SERVICE: (BUS RENTAL FEE SHALL INCLUDE DRIVER, OIL, GASOLINE, PARKING/TOOL CHARGES, MAINTENANCE, AND TOWING CHARGES FOR DISABLED BUSES.) 1, YOUTH FOOTBALL PROGRAM (HOME GAMES - I BUS, AWAY GAMES - 4 BUSES 10 1/2 HRS PER DAY) $39.00 per hour 2. SUMMER DAY CAMP (5 BUSES - 7 I-IRS PER DAY) $36.25 per hour 3. HOLIDAY CAMP PROGRAMS (2 BIJSE,~ ~ 6 DAYS EASTERJSPRING BREAK - 7 HRS PER DAY) $39.00 per hour 4. DALLY SPECIAL EVENTS (3 BUSES - ANTICIPATE 3 'i'RIPS PER MONTH BASED ON 8 HR DAY) $39.00 per hour OVERTIME RATE CHARGE $19.50 per half hour NOTE: HOURS INDICATED ARE APPROXIMATIONS AND ACTUAl. HOURS MAY VARY MORE LESS. AL'I'ERaNATE BID PRICE FOR ONE OR MORE VAN(S) (PENDING ON NEED) AND DRIVER FOR DUR. ATION OF SUMMER RECKEATION PROGRAM (8 WEEKS). $45.00 per hour ! 03/02/00 ~ 16:31 [TX/RX NO 6669] No. Request to be placed on: X Regular Agenda __ Special Agenda ~ Workshop Agenda AGENDA REQUEST Agenda Item Date: March 1, 2000 When: March 7, 2000 Description of item (who, what, where, how much): Staff requests Commission award of an addition to P.O. 576114 to Insituform Techologies, Inc. for emergency trenchless sanitary_ sewer rehabilitation. The emergency repairs were located on Dorson Way and on S.W. 2"a Street. The original P.O. was awarded utilizing unit prices from an existing Broward Co. contract. The total amount of this addition is 63,156.00 and funding is available from R&R Account #442-5178-536-63.51, Sewer Mains. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Inc. in the amount of $63,156.00. Department head signature: ~~ ~ Determination of Consistency with Comprehensive Plan: Staff recommends award of an addition to P.O. 576114 to Insituform Technologies, City Attorney Review/Recommendation (if applicable):. Budget Director Review (~l~ed on all items involving expenditure of funds): Funding available.~yES~NO Funding alternativeg''~ .(if applicable) Account No. & Desfription 77 ~'~ -,.~/7,,°- ,5-g ¢~. ~,,._C/ cSetd(///k/'a/~ Account Bal~ce ~ ~3&/~ 70, ~ ~ ~d,f~/~ ~. d · Ci~ Manager Renew: ~ Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\essrv002~DEPARTMENTSXEngAdmmXProjecta\i999~99-050\OFFICIAL~System83 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. Da rive rs Bea try, P.E. i~~"~c~ Deputy Director of Publ March 1, 2000 Emergency Trenchless Rehabilitation System 83 and System 6 Attached is an Agenda Request and supporting documentation to increase existing purchase order 576114 to Insituform Technologies, Inc. for emergency trenchless sanitary sewer rehabilitation. Approximately 1100 L.F. and 8 service reconnections were rehabilitated in system 83 on Dorson Way along with 360 L.F. and 4 service reconnection in system 6 on S W. 2nd Street. The existing mains had failed to such a degree that roadway deterioration had begun to occur. The existing P.O. was awarded utilizing unit prices from a Broward Co. contract. These emergency repairs were conducted at the same unit price. The total amount of this addition to the P.O. is $63,156.00 and funding is available from R&R Account # 442-5178-536.63.51 Sewer Mains. Please place this item on the March 7, 2000 Agenda for consideration by City Commission. CDB/pd CC: Richard C. Hasko, P.E., Director of Environmental Services Mike Offie, Manager, Water/Sewer Network Division City Clerks Office Agenda File \\essrv002~DEPARTMENTS~EngAdm~n~Projects\1999\99-050\OFFICIAL\System83 MEM doc :~ I~ CITY of DELRAY BEACH E, ERC, E.C¥ mE,C.LESS ENVIRONMENTAL SERVICE8 DEP~ SEWER REHABILITATION ~.~9,,o), .o,~ ...... I } , tf ~I II ~ ] I ' ~' ' ~ t ' fi I~'~ m .............. ~-~:'m~Ir---i ~qr---~~ 'r ...... ~'~ ........ III ! ~.. " ,, t I t ! / lie % ~ Cl~ of DELRAY BEACH EMERGENCY II~ ~ ~ ~~~ ~8 ~P~ SEWER REHABILITA~ON INSITUFORM TECHNOLOGIES, INC. P. O. BOX 41629 JACKSONVILLE, FL 32203 904-262-5802 fax 904-292-3198 CCustomer -~ ame City of Delray Beach Florida / IDate ddress 434 S. Swinton Avenue- Waste_Water Collection _J I Job No. ity Delray Beach State FL ZIP 33444 _ I Contract Attn: Scott Solomon ~L .... invoice No. 7341 INVOICE .--, 11/24/99 '~ Qty Description ? Unit Price TOTAL Purchase Order No.'576114 359 Install 8" x 6 mm ClPP 41.00 $14,719.00 359 Light Cleaning 8" 0.50 $179.50 4 Service Reconnections 200.00 $800.00 3alance left on this Purchase Order $142,161.00 PLEASE NOTE NEW REMIT TO ADDRESS \ Any questions call Suzan Herrmann @ 800-421-9352 Ext 147 ' SubTotal $15,698 50 ~- Payment Details TOTAL $15,698 50 REMIT TO: P.O. BOX 281386 ATLANTA, GA 30384-1386 NET 30 DAYS lOperations Approval DATE: JOB NAME: D, Iray Beach JOB NUMBER: 140249 11124/99 OWNER ,DIA. THICK- LENGTH FIELD REPORTING QUANTITIES MINI MANHOLE in. NESS ft. CLEANING INVERSION TAPS BY EST. SYSTEMS NUMBERS LOCATION mm. TYPE FEET DATE FEET DATE CUT PASS NO. 151-66 SW8THStatSW2ndAve 8 6 359 H 359' 11/16/99 359 11/16/99 4 0 1 TOTALS 359 359 359 4 0 INSITUFORM TECHNOLOGIES, INC. P. O. BOX 41629 JACKSONVILLE, FL 32203 904-262-5802 fax 904-292-3198 -~ Customer ame City of Delra¥ Beach Florida ddress 434 S. Swinton Avenue - Waste Water Collection Attn: Scott Solomon {Job No. .Contract Invoice No, 7381 INVOICE -- 2/21100 140263 'Oty Description ;* Unit Price TOTAL Purchas~ Order No.'576114 1105 Install 8" x 6 mm ClPP 41.00 $45,305.00 1105 Light Cleaning 8" 0.50 $552.50 8 Service Reconnections 200.00 $1,600 00 Balance left on this Purchase Order $94,703.50 PLEASE NOTE NEW REMIT TO ADDRESS Any questions call Suzan Herrmann @ 800-421-9352 Ext 147 SubTotal $47,457 50 ---Payment Details TOTAL $47,457 50 REMIT TO: P.O. BOX 281386 ATLANTA, GA 30384-1386 NET 30 DAYS Operations Approval DATE: 07J21100 JOB NAME: City of Delray Beach JOB NUMBER: 140263 LS 83 Add-on OWNER DIA. THICK- LENGTH FIELD REPORTING QUANTITIES MANHOLE in. NESS ft. CLEANING INVERSION TAPS NUMBERS LOCATION mm. TYPE FEET DATE FEET DATE CUT BYPASS 30 - 26 Oorson Way/Cortez Lane 8 6 410 L 407 2/10/00 407 2/10/00 3 0 2.6 ,-1 7 Dorson Way/Dolphin Dr. 8 6 320 L 318 2/10/00 318 2/10/00 3 0 1,7 ,- 3 Dorson Way/Angler Way · 8 6 310 L 332 ~'2/11/00 332 2/11/00 2 0 3 - 2 Dorson Way/Davis Road 81 6 50 L 48 2/11/00 48 2/11/00 0 48 TOTALS 1090 1105 1105 8 48 CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 7, 2000 - 6:00 P.M. COMMISSION CHAMBERS THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8.AA. RATIFICATION OF COIJJECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIRE FIGHTERS OF DELRAY BEACH: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the C~ty and the Professional Fire Fighters of Delray Beach, Local 1842, IAFF for the three year period October 1, 1999 through September 30, 2002. The agenda should also be amended to include: 5. Approval of Minutes: Regular Meeting of January 4, 2000 In addition, as noted in the packet that was delivered to you last Friday, we have received a request for continuance with respect to Item 9.B., Conditional Use Modification for Creations of Delray Beach. A copy of Mr. Kurtz' letter is attached. Addendum. March 7, 2000.Reg. Mtg. MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Edward J. Gusty, Human Resources Director ~ March 6, 2000 LABOR AGREEMENT CITY OF DELRAY BEACH AND THE PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS OF DELRAY BEACH, LOCAL 1842 Attached please find a copy of the new three- (3) year labor agreement, which was ratified by the IAFF, Local 1842, on March 3, 2000 (copy of letter attached). The contract is effective as of October 1, 1999 through September 30, 2002. We believe this agreement has accomplished positive results for both parties, and provides an understanding on economic considerations, inclusive of salary ranges and longevity compensation. The agreement calls for reopening negotiations the second year (2000 - 2001) on Article 4, Grievance Procedure, and for the third year on Article 13, Salaries and Article 46, Disability Insurance. EJG/njj Attachments PROFESSIONAL FIRE FIGHTERS & PARAMEDICS OF DELRAY BEACH, LOCAL-1842 PO BOX 583, DELRAY BEACH, FLORIDA 33444 March 3, 2000 Edward Gusty, Human Resources Director City of Delray Beach 100 NW 1 sa' Avenue Delray Beach, Florida 33444 Dear Ned, The members of the Bargaining Unit have ratified the agreed.upon Collective Bargaining Agreement between the Professional Fire Fighters & Paramedics of Delray Beach Local- 1842 IAFF and the City of Delray Beach. S~cerely, ~ /j~e~s H Tabe efi/~ President Local- 1842 TO: THRU: FROM: SUBJECT: DIANE DOMINGUEZ, PLANNING AND Z ~I=£TING OF MARCH ?, 2000 CONDITIONAL US£ MODIFICATION RI::OUI=ST 10 EXPAND URDL'S WATERFALL CREATIONS, INC., WHICH IS LOCATED ON THE SOUTH SIDE OF NW 1~l STREET, APPROXIMATELY 430' WEST OF CONGRESS AVENUE Urdl's Waterfall Creations, Inc ~s a business specializing in ornamental cast concrete/stone, and has existed at this site for numerous years. Urdl's w,shes to expand its business onto a vacant lot (1.64 acres), which is located immediately to the west of the existing site. Both properties are zoned MIC (Mixed Industrial and Commercial) The expanded area will include a 20-space parking lot, new storage areas, and associated landscaping. Additional background and an analys~s of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of February 28, 2000, the Planning and Zomng Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Morris absent) to recommend approval of the Conditional Use Modification request, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2 4 5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following revised conditions' 1 That a site plan be processed that is ~n general conformance with the sketch plan. 2. That the hedge located along the west property line be maintained at 8'. 3 That the storage of building materials not exceed 8' in height. 4 That the building material located on the ex~sting parking lot be removed to storage areas as indicated on the sketch plan, and that the parking lot be upgraded to current standards. 5 That a cross access and parking easement agreement be prowded between the two parcels. 6 That if the parcels are ever proposed for separate use, a Conditional Use Modification be processed. By motion, approve the Cond~bonal Use request to expand Urdl's Waterfall Creation, Inc as described herein, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the pohc~es of the Comprehensive Plan, and subject to the findings and condibons of the Planmng and Zomng Board. Attachments P& Z Staff Report and Documentabon of February 28, 2000 PLANNING & ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 28, 2000 IV.B. Conditional Use Request to allow the Expansion of the Urdl's Waterfall Creations, Inc., Located on the South Side of N.W. 1st Street, Approximately 430' West of Congress Avenue. GENERAL DATA: Owner ............................. August Urdl Applicant ........................ Terrell K. Higgs Agent .............................. William Wilsher Location .......................... Located on the south side of N.W. 1st Street, approximately 430' west of Congress Avenue Property Size .................. 2.73 acres total (1.64 acres to be modified) Future Land Use Map ..... Commerce Current Zoning ................ MIC (Mixed Industrial & Commercial) Adjacent Zoning .... North: CF (Community Facilities) East: MIC South: MIC West: RM (Multiple Family Residential-Medium Density) Existing Land Use ........... Existing ornamental cast concrete/stone facility. Proposed Land Use ........ Conditional Use Request for the expansion of Urdl's Waterfall Creations, Inc. involving the removal of exotic vegetation, expansion of the storage and display areas to the west, and construction of a 20-space parking lot with associated landscaping. Water Service ................. Existing on site Sewer Service ................. Existing on site IV.B. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use Modification approval to expand Urdl's Waterfall Creations, Inc., pursuant to LDR Section 2.4.5(E). The subject property is located on the south side of NW 1st Street approximately 430' west of Congress Avenue. 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 fact that this modification involved the expansion of the business operations onto an additional 1.64 acre site, 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. Urdl's Waterfall Creations, Inc. is situated on an unplatted parcel of land containing 1.09 acres. The subject property was annexed into the City on November 12, 1962 via Ordinance G-467 and is zoned MIC (Mixed Industrial and Commercial). Urdl's Waterfall Creations, Inc., is a long established business at this location and no other land use information was found in the City records. The site currently contains a 7,537 square foot office, 22 parking spaces, and outdoor storage and display areas. In 1995, with the development of the Palm-Tran site, additional right-of-way was obtained from the subject property along the north property line for the construction of NWIst Street including its associated cul-de-sac. Urdl's Waterfall Creations, Inc is a business specializing in ornamental cast concrete/stone, which is not listed as an allowable use in the MIC zone district. At its meeting of November 16, 1998, the Planning and Zoning Board determined that this type of use is similar to a monument and ornamental stone cutting business which is allowed a Conditional Use in the MIC zone district. Urdl's wishes to expand its business onto a lot containing approximately 1.64 acres, which is located immediately to the west of the existing site and is the action now before the Board. Planmng and Zoning Board Staff Report Cond~bonal Use Approval - Urdi's Waterfall Creations Page 2 The conditional use request involves an expansion to Urdrs Waterfall Creations, Inc. The development proposal consists of the following: · Installation of a 20 space parking lot; · Installation of storage areas; and · Associated landscaping throughout the site. The applicant has submitted the following narrative, which describes the operation: "Ail proposed improvements shown on plan will be constructed in one phase. The project wi//include removal of all undesirable vegetation, including but not tim#ed to Australian pine, Melaleuca, and Brazilian Pepper trees. The site will be filled and brought up to appropriate grade. A 20 space parking lot will be constructed along with a paved driveway from NW 1st Street. The perimeters of the parking lot and property will be landscaped and irrigated. Additional vehicular spaces are being provided on the newly acquired property to provide parking for employees. Other areas of that property wi//be utilized for storage of manufactured items. That will free up the current property to be utilized for some storage, but mostly display of waterfalls, boulders, and other manufactured projects. The parking on the current property can be utilized during the day by some office staff and customers. At this time there are 35 employees (there are no additional employees proposed in conjunction with this newly acquired property). P/ease note the majority of these employees pick up materials on-site and leave for most of the business day to deliver and instal/manufactured items. There are 7 business vehicles utilized in these tasks.' 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). Planning and Zoning Board Staff Report Conditional Use Approval - Urdl's Waterfall Creations Page 3 The subject property has a Future Land Use Map designation of CMR (Commerce) and a zoning designation of MIC (Mixed Industrial and Commercial). The zoning district is consistent with the CMR Future Land Use Map designation "monument and ornamental stone cutting" is listed as a Conditional Use in the MIC zone district [LDR Section 4.4.19(D)(2)(d)]. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: The development proposal involves the construction of a parking lot and landscaping which will have little or no impact on water and sewer demands. Therefore, a positive finding can be made with respect to th,s level of service standard. Drainage: Paving and drainage plans are not required for the conditional use analysis. Drainage will most likely be accommodated via sheet flow to sodded areas and/or and exfiltration trench system. If the conditional use request is approved, a paving and drainage plan must be provided with submittal of the site plan, and positive findings with respect to this level of service standard must be made at that time. Streets and Traffic: The development proposal involves the construction of a parking lot and storage areas, which will not increase the average daily trips associated with the business. Therefore, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: As a building is not contemplated at this time, there is no change in solid waste generation. Therefore, 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 Planning and Zoning Board Staff Report Cond~bonal Use Approval - Urdl's Waterfall Creations Page 4 objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found. Land Use Element Objective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property was previously disturbed and there are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed industrial development. The proposed development will be complimentary with the adjacent industrial uses and while it will not fulfill a remaining land use need, it will allow a welt established business at this location to expand its operation. Housing Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located in an industrial area. The residential neighborhood located to the west is separated from the subject property by the E-4 Canal (120' width). The site will be buffered from the residential neighborhood by landscaping (i.e. trees 25' on center and a hedge that is to be maintained at an 8' height - see discussion below). Access to the industrial site is from NW 1st Street, which is a dead-end street. Therefore, traffic volumes and circulation patterns will not have an effect on the adjacent neighborhood. As the business involves casting of stones rather than cutting of stones, the noise, odors, and dust from the business should be minimal and should not result in a degradation of the neighborhood. Therefore, this policy is met. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Report Condibonal Use Approval - Urdl's Waterfall Creations Page 5 The proposed use is bordered on the south and east by MIC zoning; on the north by CF (Community Facilities) zoning; and to the west by RM (Medium Density Residential) zoning. The existing land uses are to the south by a vacant industrial parcel, to the east by Delray Awnings and X-PerTech Car Care Center; to the north by Palm-Tran; and to the west, across the E-4 Canal, a vacant parcel of land known as the Tare Property. There are no compatibility concerns noted with the adjacent industrial type uses located to the north, south, and east. Compatibility with the adjacent residentially zoned property to the west is a concern. The landscape plan indicates that trees are to be planted 25' on center along with a continuous row of Wax Myrtle that are to be installed at a height of 30" along the west property line. The Wax Myrtle hedge should be maintained at a height of 8' and the storage of building materials should not be allowed to exceed 8' in height in order to mitigate any negative impacts this use may have on the adjacent residential neighborhood. The existing parking lot contains 22 parking spaces and is currently being utilized for storage and display areas, which renders most of the spaces unusable for employee parking. The employees are currently parking in the right-of-way and on the improved lot. While 20 additional spaces are being created, this is not enough to handle the parking demands of the business (37 employees). Therefore, as a condition of approval the building materials located on the existing parking lot will need to be relocated to the new storage areas and the parking lot should be upgraded to current standards (i.e. installation of wheel stops and re-striping the stalls). Based on the above, the proposed use should not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. OTHERISSUE: Currently, Mr. Urdl owns both parcels of land, however it is his intention to sell the western lot to another individual who will have a lease with an option to buy his existing business. Therefore, the parcels will be separately owned. In the interim, a cross access easement between the two parcels will be required. Further, if the lots are ever proposed for separate use, a conditional use modification will need to be processed. These items have been attached as conditions of approval. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. LDR Chapter 4.6 Supplementary District Regulations: LDR Section 4.6.6(C)(2) Outside Storage. Materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. Outside storage may not be located Planmng and Zoning Board Staff Report Cond~bonal Use Approval - Urdl's Waterfall Creabons Page 6 within a required setback area. It is not intended that sales or customer service be conducted in an area designated for storage. The sketch plan indicates that the storage areas will not be located in required setback areas and will be screened from view from NW 1st Street by landscaping. This item will further be addressed with the site and development plan approval process. LDR Section 4.6.6(C)(3), Outdoor Retail Displays: a) Outdoor retail displays must be located adjacent to the building containing the ma~n use on the property owned or leased by the business conducting the main use. No display is permitted on public rights-of-way, except when part of an approved special event. b) Outdoor display areas may not exceed 10% of the square footage of the interior of the building, which contains the main use. No information has been provided with respect to the percentage of the display areas and some of the display areas are not immediately located adjacent to the main building. These items will need to be addressed prior to submittal of the site plan. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of 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, which have requested notice of developments in their areas: Planning and Zomng Board Staff Report Conditional Use Approval - Urdl's Waterfall Creations Page 7 [] Chatelaine [] President's Council F-I Pines of Delray [] Progressive Residents of Delray (PROD) Q High Point Section 1 [] Rainberry Lake Q Villa's at Rainberry Lake [] Sudan Homeowners Association Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use request is for the expansion of Urdl's Waterfall Creations, Inc. The outdoor storage areas will be buffered from the adjacent residentially zoned property to the west by substantial landscaping. As conditions of approval the hedge located along the west property line should be maintained at 8' in height and the storage of building materials should not exceed 8' in height. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. Co Continue with direction and concurrence. Recommend approval of the request for Conditional Use approval for Urdl's Waterfall Creations, Inc., based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use approval for Urdl's Waterfall Creations, Inc., based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the Conditional Use request for the expansion of Urdl's Waterfall Creations, Inc. based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: Planning and Zoning Board Staff Report Conditional Use Approval- Urdl's Waterfall Creat,ons Page 8 1. That a site plan be processed that is in general conformance with the sketch plan. 2. That the hedge located along the west property line be maintained at 8'. 3. That the storage of building materials not exceeds 8' in height. 4. That the outdoor display areas be limited to the area around the building and not exceed 10% of the floor area of the building. That the building material located on the existing parking lot be removed to storage areas as ~ndicated on the sketch plan, and that the parking lot be upgraded to current standards. 6. That a cross access easement be provided between the two parcels. 7. That if the parcels are ever proposed for separate use, a Conditional Use Modification be processed. Attachments: · Locabon Map · Sketch Plan ~ '% "%' I 03/03/2008 16:53 5617927398 JEFFREY S KURTZ PA .IEFFRI.-2Y S, KIJRTZ. P.A. · \T'I"ORNEY Al' I,AW 12230 FOI{~$T I IILI. BOULEVARD SUITE 110 C, W~I, LINGTON. ]~'LORIDA 33414 (Se, I ) -927- I.~2s) March 7, 2000 PAGE 02 Facsimile VIA FACSIMILE ONLY (561) 243-7221 Diane Dominquez Planning Director City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: Creations of Delray Dear Diane: In accordance with our telephone conversation of today, I am hereby requesting a further continuance of Commission hearings in regard to the Conditional Use Application from the March 7, 2000 meeting to the City Commission's Regular Meeting on March 21, 2000. It is our understanding that a full commission will not be present at the March 7, 2000 meeting. We remain hopeful that solutions will be arrived at to allow the development to go forward as we have presented it in this modification. Please let me know if an appearance at the March 7~h meeting will be necessary to present the requested continuance to the Commission. Sincerely, JSK/lm cc: Client RECEIVED CiTY CLERK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY CLERK~ AGENDA ITEM 9.1~ - REGULAR MEETING OF MARCH 7, 2000 CREATIONS OF DELRAY BEACH MARCH 3, 2000 Diane Dominguez contacted me earher today to advise she had received a call from Jeff Kurtz, agent for the applicant, in which he indicated he would be asking for an additional postponement. He cxted the fact that Comrmssioner Randolph will not be present at Tuesday's meeting. He advised Diane that he would be faxmg m the request so that xt could be included m the agenda packet. At the time the agenda was complete, the fax had not been received. If and when the request does come in, I will forward ~t to the City Commtssion as soon as possible. Ref'Agmemol .Creations of Delray Beach TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER DI~E DOMINGUEZ, PLANNING AND MEETING OF MARCH 7, 2000 CONDITIONAL USE REQUEST TO ESTABLISH AN AUTOMOBILE PAINT, BODY, AND REPAIR FACILITY FOR MAACO, IN THE MIC ZONING DISTRICT WITHIN THE SOUTH CONGRESS COMMERCE CENTER, EAST SIDE OF CONGRESS AVENUE APPROXIMATELY 897' NORTH OF MARTY FLADELL DRIVE At ~ts meeting of September 22, 1999, the Site Plan Review and Appearance Board approved site and development plans for a project to be known as South Congress Commerce Center. The approval would allow the construction of an 18,600 square foot mixed industrial and commercial development consisting of two one-story buildings. The southern building (Building #1) will consist of 6,000 square feet and is designed to contain a single tenant (Just Tile & Marble). The northern building (Building #2) was to be a 12,600 square foot multi-tenant building that consisted of nine bays. However, Maaco, an automobde paint, body, and repair facility wishes to estabhsh its business within all of Building #2. Automobile repair in the MIC zone district requires Conditional Use approval. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of February 28, 2000, the Plannmg and Zoning Board held a public hearing in conjunction w~th review of the request. No one from the public spoke on the item. After rewewlng the staff report and discussing the proposal, the Board voted 6-0 (Morris absent) to recommend approval of the Conditional Use request, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and pohcies of the Comprehensive Plan, subject to the revised condition that a Class II s~te plan modification be processed that is in general conformance w~th the sketch plan and that no overhead doors face Congress Avenue. By motion, approve the Conditional Use request to establish an automobile paint, body, and repair facdity for Maaco as described herein, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the pohc~es of the Comprehensive Plan, and subject to the findings and conditions recommended by the Planning and Zoning Board. Attachments' P& Z Staff Report and Documentation of February 28, 2000 PLANNING & ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: February 28, 2000 IV.C. Conditional Use Request to allow the establishment of an Automobile Paint, Body and Repair Ship Facility within the South Congress Commerce Center, Located on the East Side of Congress Avenue, Approximately 897' North of Marry Fladell Drive. GENERAL DATA: Owner/Apphcant ............. Agent .............................. Location .......................... Property Size .................. Future Land Use Map ..... Current Zoning ................ Adjacent Zoning .... North: East: South: West: Existing Land Use ........... Proposed Land Use ........ Water Service ................. Sewer Service ................. CMSI Sun-Tech Engineering, Inc. East side of Congress Avenue, approximately 897' north of Marty Fladell Drive. 1.42 Acres Commerce MIC (Mixed Industrial & Commercial) MIC MIC MIC MIC Vacant Conditional Use Request to allow the establishment of an automobile paint, body and repair shop facility (Maaco) with associated parking and landscaping. Available via connection to an existing 8" water main to the east of the property along N.W. 18th Avenue Available via connection to an existing 8" sewer main to the east of the property along N.W. 18th Avenue The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an automobile paint, body, and repair facility for Maaco which is to be located within the South Congress Commerce Center pursuant to LDR Section 2.4.5(E). The subject property is located on the east side of Congress Avenue, approximately 897' north of Marty Fladell Drive. I 1, I The subject property consists of a vacant unplatted parcel of land that contains 1.49 acres. Until recently the subject property was under one ownership together with the adjacent property to the south and west and contained approximately 3.53 acres. In March 1999, the 1.49 acres was sold to Contractors Management Services, and is the tract of land that is proposed for development. The subject property has a MIC (Mixed Industrial and Commercial) zone district designation and a Commerce Future Land Use Map designation. The subject property has an extensive land use history. The following are the most recent land use actions as they pertain to both tracts of land: In 1974, a concrete batch plant (Rinker concrete) was constructed on the property. In 1976, the property was rezoned from HI (Heavy Industrial) to MI (Medium Industrial). In 1985, the concrete batch plant was demolished. The property was most recently utilized for the storage of construction materials and equipment associated with the 1-95 widening and Congress Avenue interchange projects, which were completed in 1994. In October 1990, with the Citywide Rezoning and adoption of the Land Development Regulations, the above parcels were rezoned from MI to MIC (Mixed Industrial and Commercial). On June 4, 1996, the City Commission denied a Conditional Use request for a "resource recovery facility" (South County Materials Recycling Facility) for the Solid Waste Authority of Palm Beach County. At its meeting of September 22, 1999, the Site Plan Review and Appearance Board approved site and development plans for a project to be known as South Congress Commerce Center. The approval would allow the Construction of an 18,600 square foot mixed industrial and commercial development consisting of two one-story buildings. The southern building (Building #1) would consist of 6,000 square feet and is designed to contain a single tenant (Just Tile & Marble). The northern building (Building #2) would be a 12,600 square foot multi-tenant building that consisted of nine bays. Maaco, an automobile paint, body, and repair facility wishes to establish its business within all of Building #2. Planning and Zoning Board Staff Report Conditional Use Approval- South Congress Commerce Center Page 2 The conditional use request is to establish an'auto repair and paint shop for Macco at South Congress Commerce Center. The changes being proposed from the approved site plan is as follows: · A building reduction from 12,600 square feet to 10,000 square feet for Building #1 (Maaco). · A building reduction from 6,000 square feet to 5,760 square feet for Building #2 (Just Tile & Marble). · Installation of 7 new parking spaces. Six (6) spaces are to be located on the north side and I space on the west side of Building #2. · Relocation of the dumpster enclosure from the south side to the northeast corner of Building #2. The applicant has submitted the following narrative, which describes the operation: "Macco is an automobile body repair and paint shop. Hours of operation will be from 7 a.m. to 7 p.m. All vehicles will enter and exit from the south side of the building. A waiting area for customers will be provided that can accommodate 6 people." 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 CMR (Commerce) and a zoning designation of MIC (Mixed-Industrial and Commercial). The zoning district is consistent with the CMR Future Land Use Map designation and "automobile paint, body, and repair shop" is listed as a Conditional Use in the MIC district [LDR Section 4.4.19 (D)(1)(c)]. Planning and Zoning Board Staff Report Conditional Use Approval - South Congress Commerce Center Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is the establishment of an automotive paint, body, and repair shop in a previously approved industrial development. The Site Plan Review and Appearance Board at its meeting of September 22, 1999 made positive findings with respect to concurrency as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Future Land Use Element- Policy C-1.3: The City Shall concentrate efforts in the heavy industrial and undeveloped areas along the arterial roadways in order to provide a better image of the community. Such efforts should include: · Regulations which require heavy industrial uses to provided perimeter landscaping of their sites; and · Owners of vacant property shall provide a landscape appearance of their properties. The subject property is located along an arterial road (Congress Avenue) and is currently vacant. A 30' landscape buffer is to be provided along Congress Avenue that will contain substantial landscaping to screen the industrial development. Based on the above, the proposed development should be an enhancement to the area. Therefore, this policy is met. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. Planning and Zoning Board Staff Report Conditional Use Approval- South Congress Commerce Center Page 4 The surrounding zoning designations are MIC. The use of surrounding properties is either vacant or industrial. The establishment, of an automobile paint, body and repair shop located within a previously approved industrial development will be compatible with the surrounding uses in the area. it is noted that the change in use from general industrial to automotive repair increases the required parking for the project, which has been accommodated on site by decreasing the overall square footage of the project and the addition of 7 parking spaces. Based on the above, the development proposal should not hinder development or redevelopment of nearby properties. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a Class II site plan modification must be processed for the proposed changes to the previously site plan. Final action on the site plan modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of 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, which have requested notice of developments in their areas: Chatelaine Delray Shores Pines of Delray North Progressive Residents of Delray (PROD) Rainberry Bay Rainberry Lake Sudan Homeowners Association Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Conditional Use Approval - South Congress Commerce Center Page 5 The proposed Conditional Use request involves the establishment of an automotive paint, body, and repair shop for Macco within the previously approved South Congress Commerce Center. With the change in use, the parking requirement for the project increases which has been accommodated on site. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction and concurrence. Recommend approval of the request for Conditional Use approval for the establishment of an automobile paint, body, and repair facility for Maaco, at South Congress Commerce Center based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility)and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use approval for the establishment of an automobile paint, body, and repair facility for Maaco at South Congress Commerce Center, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the Conditional Use request to establish an automobile paint, body, and repair facility for Maaco at South Congress Commerce Center based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: · That a Class II site plan modification be processed that is in general conformance with the sketch plan. Attachments: · Location Map · Sketch Plan and Floor Plans Il 'FI L~.." oo~ TO: THRU: FROM: SUBJECT: DAVIDT. HARDEN, CITY MANAGER ~ ~ DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING /~ MEETING OF MARCH 7, 2000 CONDITIONAL USE MODIFICATION REQUEST FOR BETHEL EVANGELICAL CHURCH, LOCATED AT THE NORTHEAST CORNER OF SW 8TM AVENUE AND SW 8TM STREET. The subject property contains a total of 1.04 acres and is zoned R-1-A (Single Family Residential). The property was originally developed as a 1,800 sq. ft. church in 1965, and has been expanded several times since then. The current proposal includes the conversion of 2 single family residences to administrative and maintenance buildings, an increase in the sanctuary seating from 204 seats to 270 seats and the construction of a stabilized sod parking lot. The attached P&Z staff report contains additional background and analysis of the request. The Planning and Zoning Board held a public hearing on this request on February 28, 2000. Three members of the public expressed concerns about vehicles parking within the adjacent rights-of-way and drug activity occurring in the unimproved lots off of SW 7th Ave. After discussion the Board voted 6-0 (Morris Absent) to recommend to the City Commission approval of the conditional use modification request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the following revised conditions: 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns noted in the staff report; 2. That one tree every 25' be planted to form a solid tree line and that a hedge 4' at time of planting and maintained at 6' be installed along the perimeter of the property, which immediately abuts residential uses; 3. That the existing stabilized sod parking areas along with the proposed stabilized sod parking area to the east of the administrative and maintenance buildings be converted to paved parking areas and that the landscape islands be curbed with "Type D" curbing; 4. That the dumpster be relocated to the rear of the administrative building; 5. That a unity of title be provided for the 7 platted lots; 6. That the seating capacity is limited to 270 people; City Commission Documentation Meeting of March 7, 2000 Conditional Use Modification for Bethel Evangelical Church Page 2 7. That the abandonment of the adjacent section of alleyway be approved; or if it is not approved, that the site plan and seating capacity be modified accordingly; 8. That signage be placed at the entry of the existing parking lots along SW 8th Avenue indicating "Additional Parking Available in the Rear"; 9. That all of the parking lots have security lighting as well as site lighting per LDR Section 4.6.8; 10. That a security gate be installed at the entrance of the proposed parking lot on SW 7th Avenue; and 11 .That the site plan be reviewed by a City of Delray Beach Police Officer trained in CPTED (Crime Prevention Through Environmental Design) principals. By motion, approve the Conditional Use Modification request for Bethel Evangelical Church, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P & Z Staff Report and Documentation of February 28, 2000 PLANNING & ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner ............................. Agent/Applicant .............. Location .......................... Property Size .................. Future Land Use Map ..... Current Zoning ................ Adjacent Zoning .... North: East: South: West: Existing Land Use ........... Proposed Land Use ........ Water Service ................. Sewer Service ................. N/A. February 28, 2000 IV.D. Conditional Use Modification to Allow the Addition of 66 Seats within the Sanctuary, Construction of a Stabilized Sod Parking Area, and Conversion of 2 Single Family Residences to Administrative & Maintenance Buildings for Bethel Evangelical Church, Located on the Northeast Corner of S.W. 8th Avenue and S.W. 8th Court. S w 9TH ST DELRA Y BEACH ~ MEMORIAL GARDENS S w 9'rH CT S W. 10TH STREET ITI I I? i ~ 4~1 I ~11~ ~o~s , ' ~lllllll~lllll~,,,,,,,,,,,,~ Bethel Evangelical Church, Inc. Rev. Frank Francois, cio Malek & Associates, Inc. Northeast corner of S.W. 8th Avenue and S.W. 8th Court. 1.04 Acre Low Density Residential (0-5 d.u./a.c.) R-I-A (Single Family Residential) R-1 -A R-I-A R-I-A OSR (Open Space & Recreation) Church Conditional Use Request to allow the expansion of Bethel Evangelical Church N/A. The action before the Board is making a recommendation to the City Commission on a Conditional Use modification request for Bethel Evangelical Church, pursuant to LDR Section 2.4.5(E). The subject property is located at the northeast corner of SW 8th Street and SW 8th Avenue. The subject property consists of Lots 1, 2 and 6, Block 1, Colonial Heights and Lots 4, 5, 6, 19 and 20 Block 8, Rosemont Park and contains a total of 1.04 acres. The property is zoned R-I-A (Single Family Residential). The subject property was developed as a 1,800 sq. ft. church in 1965. A 1,000 square foot Sunday school addition was added in 1967. In 1987 Bethel Evangelical Church received conditional use approval for a 4,080 sq. ft. addition to the existing church. The previously approved Sunday school was demolished and replaced by a 5,880 sq. ft. building accommodating seating for 140 persons, 4 study rooms, a church choir room, a pastor's office, and 48 parking spaces. Then on June 6, 1995, a conditional use modification was approved by the City Commission to construct a 1,540 sq. ft. building addition and a 26 space stabilized sod parking area. In December of 1996 the City Commission granted an 18-month extension for the 1995 conditional use approval. However, the improvements were never built and the conditional use approval expired in April of 1998. Modifications to Conditional Use approvals are processed pursuant to LDR Section 2.4.5(E)(7). Modifications which involve intensity of use or hours of operation must be approved by the Planning and Zoning Board (as opposed to staff approval). 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. The applicant has submitted the following narrative that describes the operation: "The proposed operation is intended to be used as a church place of worship. The church will be operated as follows: Sunday 9:00 a.m. - 10:30 a.m. Sunday school; 11:00 a.m. to 12:00 p.m. Worship service; 7:00 p.m. - 9:00 p.m. Evangelistic services; Monday 7:00 p.m. - 9:00 p.m. Women activities; Wednesday 7:00 p.m. to 9:00 p.m. Bible study; Thursday 7:00 p.m. - 9:00 p.m. Choir practice; Friday 7:00 p.m. to 9:00 p.m. Prayer service; Saturday 5:00 p.m. - 8:00 p.m. Board meeting." Planning and Zoning Bo~"-~,Staff Report Conditional Use Approva, Bethel Evangelical Church Page 2 The development proposal includes the following: · Conversion of 2 single family residences to administrative and maintenance buildings; · Increase in the sanctuary seating from 204 seats to 270 seats; and, · Construction of a stabilized sod parking lot. 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 LD (Low Density Residential) and a zoning designation of R-1-A (Single Family Residential). The zoning district is consistent with the LD Future Land Use Map designation and "churches" are listed as a Conditional Use in the R-1-A district [LDR Section 4.4.3 (D)(2)]. The proposal includes the expansion of seating from its current 204 seating capacity to 270 seats. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: To date no water and sewer plans have been submitted, however water and sewer services are both available via service lateral connections to existing water and sewer mains within SW 8th Avenue, SW 8th Court and the alley to the east of the subject property. No main extensions or upgrades are anticipated with this development proposal. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service at the City's build-out population based on the current FLUM. Based on the above, this proposal should have little or no impact Planning and Zoning Bo,'"~. Staff Report Conditional Use Approva, -L Bethel Evangelical Church Page 3 with respect to water and sewer service. Therefore, positive findings with respect to this level of service standard can be made. Draina.qe: Paving and drainage plans are not required for the conditional use analysis. It is anticipated that drainage will be accommodated via sheet flow to pervious areas and/or the installation of an exfiltration trench system. Based on the above, there should be little or no impact with respect to drainage. If the conditional use request is approved, a paving and drainage plan must be provided with the submittal of the site plan. Streets and Traffic: Pursuant to LDR Section 2.4.3(E)(2), a traffic statement is required for land use applications that generate 200 or less ADT (Average Daily Trips). A traffic statement has been submitted which indicates that the proposed use will generate 5 new average daily trips. Adequate capacity exists on the surrounding roadway network to accommodate the traffic generated from the proposed use. The traffic impact study complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The 7,350 sq. ft. church, administrative and maintenance buildings will generate 60.16 tons of solid waste per year [7,350 sq. ft. x 1.6 lbs./sq, ft./year = 11,760/2000 - 5.88 tons]. The trash generated by this proposal can be accommodated by existing facilities. Therefore, 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Housing El..ement Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Planning and Zoning BoA. Staff Report Conditional Use Approvai'::~ Bethel Evangelical Church Page 4 The existing church is located in an established residential neighborhood. The construction of the new stabilized sod parking lot is an improvement with regard to parking and the conversion of the two existing single family residences to the north of the property is Iow in intensity. The adjacent neighbors have voiced concerns with the amount of vehicles parked within the right-of-way during church services. The construction of the stabilized sod parking area will increase the number of parking spaces for the church by 43 spaces, which will eliminate vehicles parking within the right-of-way. The church serves the immediate community therefore much of the traffic is generated from the immediate area as well as other parts of town. The project will improve the quality of service the church provides to the public and will not result in a degradation of the neighborhood. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, east and south sides by R-I-A (Single Family Residential) zoning and the west by ©SR (Open Space and Recreation). Single family homes exist to the north, east and south; and to the west, across SW 8th Avenue, the Delray Beach Memorial Gardens cemetery exists. Compatibility with the adjacent residential properties is a concern as the proposed stabilized parking area is situated between two single-family residences. A 5' landscaped area is provided along the north, east and south perimeters of the parking area. However, pursuant to LDR Section 4.6.16(H)(3)(e), where commercial areas abut properties in residential use, one tree shall be planted every 25' to form a solid tree line. This would be required along the north, east and south property lines. To further compatibility, a fence/wall and hedge 4' at time of planting should also be installed along these property lines. The plans indicate that a chain link fence exists along the perimeter of the parking area, however a hedge at least 4' at time of planting should be installed. These measures will help to buffer noise and lighting from the parking area to the adjacent residences. It is noted that three churches are located along the perimeter edge of a 1,000' radius from the site (i.e. Haitian Catholic Church, Pine Grove National Church of God and Calvary Bible Baptist Church). These churches however do not have an intense impact on the neighborhood with respect to traffic. Calvary Bible Baptist Church takes access off of SW 10th Street and Pine Grove National Church of God takes access off of SW 6th Avenue. Haitian Catholic Church is the only church that also has access off of SW 8th Avenue, which is a City Collector and is a main thoroughfare in the neighborhood. Bethel Evangelical Church has operated from this site since the 1960's. An addition of Planning and Zoning Bot..'~'~Staff Report Conditional Use Approva, - Bethel Evangelical Church Page 5 66 seats and conversion of 2 homes to administrative/maintenance facilities will not significantly impact the area. Based on the Iow increase in traffic generation, and that the church has provided sufficient on-site parking, the proposal should not hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" has been identified. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide parking at the rate of 1 space for every 3 seats in the sanctuary. The sanctuary is to hold 270 seats (20 pews with 9 seats per pew). Based upon the above, 90 parking spaces are required and 92 spaces are provided. Thus, the parking requirement has been met. While the proposed sketch plan exceeds the parking requirement by two parking spaces, some minor reconfigurations need to be accommodated. The parking areas to the southwest and the northwest of the sanctuary are currently stabilized sod parking lots. These parking areas shall be converted to paved parking areas and the landscape islands shall incorporate Type "D" curbing. Additionally, the proposed stabilized sod parking area to the east of the administrative and maintenance buildings shall also be paved. These items have been attached as conditions of approval and can be addressed with the submission of the site plan application. Dumpster: The proposed dumpster is to be situated in the southwest corner of the proposed stabilized sod parking lot to the rear of the church. This is an inappropriate location for the provision of a refuse area, as removal of the refuse material will interfere with overhead power lines. The dumpster should be relocated to the rear of the administrative building within the proposed parking area as to not interfere with overhead power lines. This configuration will reduce the parking by one space, however the proposal would still be able to meet the parking requirement. This item can be addressed with the submission of the site plan application. Site Lighting: While a photometric plan and lighting fixture detail has not been provided, the location of lights can be indicated on the future site plan and landscape plan. Planning and Zoning Bo~'-~.Staff Report Conditional Use Approva;-- Bethel Evangelical Church Page 6 Driveways: Consideration should be given for the removal of the existing driveways associated with the conversion of the two single-family residences. This item can be further addressed with the site plan. Alley Abandonment: In addition to the above listed improvements a portion of the 16' alley to the east of Lot 4 is proposed for abandonment. This abandonment will facilitate the proposed parking improvements on Lot 4, which will encroach into the abandonment area. The alleyway abandonment is being processed simultaneously with the conditional use modification, as a separate application. Should the abandonment of the alley not be approved, the site plan would need to include modifications to the parking area. That would likely reduce the number of available parking spaces. If this becomes necessary, the sanctuary seating will have to be reduced accordingly. Unity of Title: The subject property involves 7 platted lots that are to be utilized as one development. Therefore, a Unity of Title must be provided that ties the lots together. This item has been attached as a condition of approval. Other Technical Items: The following technical items must be addressed with the full site plan submittal, if the conditional use is approved. 1. The existing interior sidewalks shall connect to the proposed parking areas and the administrative and maintenance buildings. 2. Install a fire hydrant in the vicinity of the administration building as the structures are more than 300 feet from the nearest fire hydrant. 3. All chain link fences are to be provided with a Knox lock for City of Delray Beach, Fire Department access. 4. All landscape areas shall be separated from vehicular use areas with non- mountable, reinforced concrete curbing or the type characterized as "Type D". The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Planning and Zoning Bor'-~,Staff Report Conditional Use Approva,-- Bethel Evangelical Church Page 7 Site Plan Review and Appearance Board: If Conditional Use approval is granted, a-revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of 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, which have requested notice of developments in their areas: · Carver Estates · Bellhaven · Carver Square · Rosemont · Delray Beach Heights · Ebony of Delray · Progressive Residents of Delray The proposed Conditional Use request involves the conversion of two single family residences to administrative and maintenance buildings, increase in the sanctuary seating by from 204 seats to 270 seats and the construction of a new stabilized sod parking area. With some minor modifications, the proposed improvements can be accommodated sufficiently. The increase in the parking and the improvement of the existing parking areas will alleviate current problems associated with the parking of vehicles within the adjacent rights-of-ways. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. Continue with direction and concurrence. Recommend approval of the request for Conditional Use approval for Bethel Evangelical Church, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Planning and Zoning Bo~Staff Report Conditional Use Approva,-:: Bethel Evangelical Church Page 8 Recommend denial of the Conditional Use approval for Bethel Evangelical Church, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the Conditional Use request to establish a church for Bethel Evangelical Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns noted herein; That one tree every 25' be planted to form a solid tree line and that a hedge 4' at time of planting be installed along the perimeter of the property, which abuts residential uses; That the existing stabilized sod parking areas along with the stabilized sod parking area to the east of the administrative and maintenance buildings be converted to paved parking areas and that the landscape islands be curbed with "Type D" curbing; 4. That the dumpster be relocated to the rear of the administrative building; 5. That a unity of title be provided for the 7 platted lots; 6. That the seating capacity is limited to 270 people; and 7. That the abandonment of the adjacent section of alleyway be approved; or if it is not approved, that the site plan and seating capacity be modified accordingly. Attachments: · Location Map · Sketch Plan SW AUBURN Clr S. SW. CAR VER ES TA T£S $ W 7TH CT $ W ~TH ST 4TH AUBURN CIRCLE NORTH HAITIAN CA THOLIC CHURCH ST S.W. DELRA Y BEACH MEMORIAL GARDENS lOTH SW ST 6TH 8TH CT SW $.W S.W 11TH ST. 7TH ST 9TH ST 9TH CT STREET PINE GROVE ELEMEN TAR Y CITY Of DELRAY BEACH, FL PLANNING ,~ ZONING DEPARTMENT BETHEL EVANGELICAL CHURCH --- DI~/i'AZ ~$E AIAP S~JFEId ---- MAP REF LM425 TO: THRU: FROM: SUBJECT: DIANE DOMINGUEZ, DIRECTOR OF PLAN G ' DANIEL J. MARFINO, SENIOR PLANNER'"'~ ~.~:I--'----"--- MEETING OF MARCH 7, 2000 ABANDONMENT OF A PORTION OF N.W. 2NO AVE. RIGHT OF WAY SOUTH OF N.W. 12TM STREET The request involves abandoning a 25' wide by 130' long unimproved portion of NW 2nd Avenue right-of- way, containing 3,250 square feet (0.07 acres). NW.2naAvenue is unimproved between NW 11th Street and NW 12th Street. While it is only 25' wide in the area requested for abandonment, it becomes a 50' wide right-of-way immediately south of the abandonment area. The abandonment request was submitted by the owners of the adjacent lot to the east (Mark & Lynette Rosenberg), who are technically not entitled to the right-of-way, as it was dedicated by the plat to the west (Replat of Ida Lake Terrace). The owner of Lots 3 & 4, Block 1, Replat of Ida Lake Terrace (Ted Brewer), who is entitled to the subject area, has signed an Owner's Consent form which provides theRosenbergs legal standing to process the requested abandonment as the "applicant". The two parties have negotiated an agreement to transfer ownership of the subject parcel if the abandonment is approved. Lot 4 west of the right-of-way contains Mr. Brewer's single family home (see map in P & Z staff report). To the south is a vacant lot that he also owns (Lot 3), which is currently incorporated into his yard area. It could be developed separately as a single family home. Immediately to the south is a single family home owned by Roy Simon which takes access off of a driveway that has been constructed within the 50' wide portion of the NW 2"d Avenue right-of-way. To the south of that house is another vacant lot, which is also owned by the Simon family. The City's Development Services Management Group (DSMG) has determined that if Brewer's Lot 3 were to be developed, it would have to take access off of the 50' portion of right-of-way extending from NW 11th Street, as the 25' wide section that is the subject of this abandonment is substandard in width. Pursuant to LDR Section 6.1.2 (A)(2)(a), the developer of Lot 3 would be responsible for improving NW 2nd Avenue to provide access, and would assume all costs. A municipal water main is located within the right-of-way. The water main will remain in its present location, and a replacement utility easement must be provided. BO ' ~ ~PLANNiNG AND ZONING At its meeting of January 24, 2000, the Planning and Zoning Board considered the request at a public hearing. Roy Simon spoke in opposition, stating that he would be negatively impacted by the abandonment if Lot 3 were ever to be developed, as the right-of-way adjacent to his property would have to be improved and there would be increased traffic. His felt that a house built on Lot 3 should have to take access from NW 12th St. via the substandard abandonment area. After discussion, the Board voted 6 to I to recommend denial based upon a failure to make positive findings with respect L.D.R. Section 2.4.6 (O)(5). By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of January 24, 2000 RESOLUTION NO. 17-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE N.W. 2Nv AVENUE RIGHT-OF-WAY LYING DIRECTLY SOUTH OF N.W. 12TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE EAST TWELVE FEET OF THE WEST FIFTEEN FEET THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of a portion of the N.W. 2nd Avenue road right-of-way, as more parucularly described herein, was received by the City of Dekay Beach; and WHEREAS, the application for abandonment of a portion of said road 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 hearing on January 24, 2000, and voted 6 to 1 to recommend demal of the abandonment, based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5); and WHEREAS, the City Commission of the City of Dekay 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 right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over a portion of said right-of-way, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various pubhc utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS: 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 for roadway purposes only, but does not abandon and retains and reserves unto itself a uulity easement over a portion thereof, more particularly described as follows: That portion of Northwest 2"a Avenue (a 25 foot road right-of-way) as shown on the Replat of Ida Lake Terrace, according to the Plat thereof as recorded in Plat Book 22, Page 39 of the Public Records of Palm Beach County, Florida, lying west of and adjacent to Lot 14, Block B, Pineridge Heights, according to the Plat thereof as recorded in Plat Book 13, Page 80 of the Public Records of Palm Beach County, Florida. Section 2. That the Delray Beach City Commission hereby retains and reserves unto itself a utility easement over the east twelve (12) feet of the west fifteen (15) feet of the following described parcel: That portion of Northwest 2"d Avenue (a 25 foot road fight-of-way) as shown on the Replat of Ida Lake Terrace, according to the Plat thereof as recorded in Plat Book 22, Page 39 of the Public Records of Palm Beach County, Florida, lying west of and adjacent to Lot 14, Block B, Pineridge Heights, according to the Plat thereof as recorded in Plat Book 13, Page 80 of the Public Records of Palm Beach County, Florida, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. PASSED AND ADOPTED in regular session on this the 7~ day of March, 2000. ATTEST: ~' City Clerk ~ ' - - 2 - Res. No. 17-00 N.W. 14TH N.W. 15TH ST. N.W. 13TH ST. ~.W. 3 2-I'~ ST. N.W. 12TH ST. PERIWINKLE 11TH 9TH ¢~:i~ ~ -I[~ ) ST. ST. N.E. 13TH ST. N.E. 12TH ST. N E. 11TH ST, N CITY 0¢ DI~LRAY BEACH, FL PLANNING ,~, ZONING DEPAR1MENT - ABANDONMENT- (PORTION OF N.W. 2ND AVENUE) -- D/~II'AL ~4.~ ~ $~S~r~f -- MAP' R[F LM417 March 4, 2000 Delray Beach City Commission 100 N. W. 1st Avenue Delray Beach, Florida 33444 Dear City Commission Members: This letter is in regard to the request for property abandonment by our neighbors Mark and Lynette Rosenberg who live at 122 N.W. 12th St. This property is located between our properties at 122 and 202 N.W. 12th Street. This city owned easement has not been maintained since my wife and I moved here 7 year ago. We have considered it to be an eyesore, so we happily agree that it should be abandoned to the Rosenberg's. They have an interest in improving and maintaining the property. We are in agreement with the City of Delray Beach Planning Department that if Lot 3, which we own and is directly behind our home, were to be developed that it would be accessed using the 50ft. wide right -of-way that runs from N.W. 11th St. Over two years ago I was instrumental in making the decision to move the business I have been employed at for 22 years, Ted Juracsik Tool and Die Company, to Delray Beach. Our company manufactures and markets high quality fishing reels that are used throughout the world. As General Manager of the company I worked closely with the Planning and Zoning Department to assure that all improvements made to our facility were to code. During this project I found the employees of the Planning and Zoning department to be fair, knowledgeable and always professional. I, along with several neighbors attended the Planning and Zoning Review Board meeting of January 24,2000. I was completely astounded when the Planning and Zoning Review Board went against the Planning and Zoning departments recommendation of abandonment and voted to recommend to the City Commission to reject the Rosenberg's request for abandonment. What was especially surprising was that moments after the Director of Planning and Zoning advised the board that the costs of developing the 50 foot wide right of way would be the responsibility of the owner of lot 3 only. The board member who motioned for the rejection recommendation used his being concerned that the other property owners whose properties border on the above mentioned right of way would be burdened with some of the expense of improving the road as the reason for his opposition to the abandonment. Did he not believe that the Director of the Planning and Zoning Dept. knew what she was talking about? I hope that the City Commission will see that the facts in this matter show that this abandonment should be approved. Sincerely Robert T Brewer Dr. a~d Mrs. Mark Rmse,~erg 122 NW I2~ Street De]ray Beach, ~ 33444 February 28, 2000 The Mayor and City Commission of Delray Beach 100 NW l~t Avenue Delray Beach, FL 33444 Dear Mr. Mayor and Commissioners: My name is Mark Rosenberg, and I reside at 122 N.W. 12a' St. in Delray Beach. I am requesting abandonment of a portion of Northwest 2~ Ave., as specified in the attached legal description. My request was denied at a recent meeting by the Planning and Zoning Board, however, I fail to understand the reasoning behind the denial. Every day, as an Emergency Medicine Physician, I make instantaneous, life- saving decisions, often with little or no time to review the available data. I consider myself an expert diagnostician. With regards to the request for abandonment of this property, we have had the luxury of having ample time to review the facts. As my following comments will support, abandonment of this property is not only appropriate; it is desirable for all concerned. Abandonment will allow us to improve the property without penalizing the surrounding property owners. At the aforementioned meeting, and prior to the P&Z vote on this issue, Mr. Simon, who resides at 201 N.W. 11a' St, requested that the board not recommend abandonment of this property for two reasons: 1) Access to lot 3 (assuming abandonment was approved) would only be accessible fi-om N.W. 11a' St, which would affect his privacy, tranquility, and his property value. 2) Mr. Simon was concerned that if the right-of-way were improved, he would have to pay a larger portion of the costs than the owner of lot 3. Mr. Simon summarized by saying he thought it unfair that he be penalized in order to accommodate another party. Prior to Mr. Simon's plea, Diane Dominguez made some pertinent statements regarding an access road to lot 3. Ms. Dominguez stated the following: II'an access road to lot 3 were developed fi-om the north side (12~ St.), it would have to be developed with a width of only 25 feet. If an access road were developed fi-om the south side (11t~ St.), it would be developed with a width orS0 feet. Ms. Dominguez stated that 25 feet is not a desirable width for a road, and therefore the board would not support an access road coming fi-om 12th St, when a 50 foot access could be obtained fi-om 11th St. Following Mr. Simon's plea, the Board denied a recommendation for abandonment of the property in question. Subsequent to the aforementioned meeting, the DSMG met and discussed the two key issues: 1) would it be acceptable for the access road tc; come from 12t~ St. 2) who would pay the cost of the development of the access road. The DSMG reiterated Ms. Domingues' prior statement, "they felt it most appropriate for aa access to come from 11t~ St, rather than 12~h St because of the 25 foot width limitation." Regarding who would pay for the costs of improving the right-of way, it was determined that the owner of lot 3 would incur all costs. Atter reviewing these facts, it is clear that abandonment of this property will in no way affect Mr. Simon. Whether or not the property in question is abandoned, it is still recommended and appropriate for any future access to come from a 50-foot width rather than a 25-foot width. My request for abandonment does not change that recommendation, and therefore does not cause Mr. Simon any hardship. Mr. Simon is concerned that aa access road will destroy his peace and tranquility, but would there be peace and tranquility for the Brewers and my family if a road were sandwiched between two houses with a 25-foot width? Furthermore, Mr. Simon has always been aware that his property is adjacent to a public right-of-way, and he has chosen to build his driveway directly on this public fight- of-way. Mr. Brewer, the owner of lot 3, has stated that he would never want the access road coming from 12t~ St if he were to sell lot 3; as he stated, a potential buyer would not want access to their property through a 25-foot road squeezed between two houses. Mr. Simon obviously need not be concerned about the costs of development of a right-of- way, since it was determined that the owner of lot 3 would incur all costs. In closing~ I would like to say that I request to have this property abandoned, so I can improve upon it, beautify it, and make it usable land. It should be clear to all, that approval of abandonment will not cause hardship to Mr. Simon; the DSMG has logically concluded that they would support access to lot 3 via 11th St, regardless of whether this property is abandoned. Furthermore, Mr. Simon would incur no costs for development of this access road. It is clear to me, as I hope it is to you, that there are no contraindications to approval of abandonment. I thank you for your time and consideration. Sincerely, Mark A Rosenberg, MD ~ougfits and Jan ~ yerst 111 HgG lltfi Street ~elray $each, G~Ma 33444 February 27, 2000 City of Delray Beach Mayor and City Commission 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Mayor and Commissioners: We are wmtlng on behalf of our neighbors, Mark and Lynnette Rosenberg, of 122 NW 12th Street. As you know, they are seeking an abandonment of a strip of NW 2nd Avenue adjacent to their property. We have been encouraged to see our neighbors, hke the Rosen- bergs, improve and upgrade their homes. Their willingness to invest in their property creases the stability and value of all our homes in the northwest section of Delray Beach. In the January 24th Public Hearing, we were surprised that the Rosenberg's petition was denied. According to all city reports and testimony, granting this abandonment infringed upon none of the Rosenberg's neighbors but simply allowed them to make the improve- ments they desired. We are asking you to override the Planning and Zoning Board's decision by granting the Rosenberg's request. By doing so, you would send a strong message that you care about attracting and keeping stable residents that will maintain and improve our older neigh- borhoods. S~ncerely, Douglas and Jan Ayerst m-anK ~'ao ~r x/our 03/07/2000 To whom it my concern: City of Delray Beach, my name is Linn Heaton I live at 121 N.W. 12th street. My neighbors at 122 N.W. 12th street are asking for the easement located directly to the west of their property, I am in favor of this, it will only add to the beautification of the area. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 24, 2000 IV.C. Abandonment of a Portion of N.W. 2nd Avenue, Lying South of N.W. 12th Street. LAKE IDA GENERAL DATA: Owner ............................. General Public Applicant ........................ Lynette & Mark Rosenberg Location .......................... Portion of N.W. 2nd Avenue, lying south of N.W. 12th Street Property Size .................. 0.07 Acre Future Land Use Map ..... Low Density (0-5 units/acre) Current Zoning ...............R-l-AA (Single Family Residential) Adjacent Zoning .... North: R-l-AA East: R-l-AA South: R-l-AA West: R-l-AA Existing Land Use .......... Un-improved right-of-way Proposed Land Use ........ Abandonment of a portion of un-improved N.W. 2nd Avenue to be incorporated into the adjacent property. Water Service ................. N/A Sewer Service ................N/A IV.C. iTEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the N.W. 2nd Avenue right-of-way, directly south of N.W. 12th Street. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. "BACKGROUND, The subject parcel was dedicated with the recordation of the Replat of Ida Lake Terrace (Plat Book 22, Page 39, of the Public Records of Palm Beach County, Florida), in October of 1947. Currently the subject right-of-way (ROW) is unimproved, and numerous trees and hedges are located throughout. In addition, a wood fence encroaches 3.8 feet onto the southeast corner of the parcel. ABANDONMENT DESCRIPTION The subject parcel is a 25' by 130' rectangular shaped parcel, containing 3,250 square feet (0.07 acres). The subject parcel represents a 25-foot westerly extension of Lot 14, Block B, of Pineridge Heights (Plat Book 13, Page 80), as the north and south lines of the subject parcel are direct extensions of the north and south lines of said Lot 14. The abandonment request was submitted by the owner Lot 14, and will facilitate the construction of a patio and a swimming pool. The owner of Lot 14 is not directly entitled to the parcel, as it was created from the Ida Lake Terrace Plat to the west. The applicant does however have an agreement with the owner of Lots 3 & 4, Block 1, of said Replat Ida Lake Terrace, which is entitled to the subject ROW, to transfer ownership of the parcel when it is abandoned. The owner of said Lots 3 & 4 (who is entitled to the abandonment area), has signed an "Owners Consent Form", which allows the owner of said Lot 14 to be the applicant. ABANDONMENT ANALYSIS 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. Planning and Zoning Board Staff Report N.W. 2n° Avenue R-O-W Abandonment Page 2 As previously stated the applicant has an agreement to acquire the subject ROW from the owner of Lots 3 & 4, Block 1, of said Replat Ida Lake Terrace, who is entitled to the entirety of the abandonment area. Improvements in the Alley As stated previously, the subject parcel has numerous trees and hedges located throughout. In addition a wood fence, from the applicant's property, slightly encroaches into the southeastern portion of the parcel. Utility Services A 16" water transmission main, running north-south through the entirety of the subject ROW has been identified. The Environmental Services Department has requested that the applicant provide an as-built sketch and grant a utility easement (12 foot) centered over the existing main. Satisfactory disposition of these requests, will be a condition of approval of this abandonment. The City's Fire Department has reviewed the request and has no objection to the abandonment. Adelphia Cable, Florida Power & Light, Florida Public Utilities Company, and BellSouth have also reviewed the requested abandonment, and have no objection. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(O)(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, a City water transmission main is located within the subject abandonment area. The provision of a replacement easement has been requested, and will be a condition 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.W. 12th Street, or on the unimproved portion of N.W. 2nd Avenue ROW, lying south of the abandonment area. Planning and Zoning Board Staff Report N.W. 2na Avenue R-O-W Abandonment Page 3 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 area will remain as they exist. As previously stated in Required Findings "B", access is not is not an issue with this abandonment. REVIEW BY OTHERS' The development proposal is not within the geographical area requiring review by the CRA (Community Redevelopment Agency), the DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Courtesy Notices: Courtesy notices have been provided to the following: ~ Lake Ida Homeowners Association 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. ASSESSMENT As the subject ROW is currently unimproved, and 25' in width, any possible improvement of this portion of N.W. 2nd Avenue would require the acquisition of additional ROW. This is not a realistic option as adjacent properties are developed single-family platted lots. The provision of an as-built sketch of the existing water main, and subsequent establishment of 12 foot utility easement for said main are conditions of approval for the abandonment. ALTERNATIVE ACTIONS 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). Planning and Zoning Board Staff Report N.W. 2na Avenue R-O-W Abandonment Page 4 RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the 25' x 130' described portion of N.W. 2nd Avenue right-of-way (directly south of N.W. 12th Street), based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the condition that the applicant provide an as-built description of the existing water main located in the abandonment area, and provide for the subsequent provision of a 12 foot replacement utility easement for said main. Attachments: · Location Map · Existing Conditions & Ownership Information Map · Reduced Survey File: S:\Planning&Zoning\Boards\P&Z~NW 2nd Avenue Abandonment.doc (LOT #4) 25' 25' N.W. 12TH COT ~/3) TISDELLE STREET SIM ON -~ PERIWINKLE ~ ~ ,~ UNIMPROVED > ~. ' A YERST sIMON HILL 16' 50' N.W. 11 TH STREET CITY Or' DELRAY BRACH, FL PLANNING 8l ZONING DEPARTMI:'NT ABANDONMENT OF A PORTION OF N.W. 2ND AVENUE - EXISTING CONDITIONS OF R-O-Ws & OWNNERSHIP INFORMATION tNo ~/~ ~TH ST~ tR LEGEND' ~ = CENTERLINE CONG. ,~ CONCRETE WM = WA TER METER LR. ~ ~/8' iRON ROD WiTH CAP ~LB ~ ~ ~ CHA~ L~K FENCE - - = WOOD FENCE FLOOD ZONE: X DE$CRIPTION: THAT PORTION OF A 25 FOOT RIGHT OF WAY LYING WEST OF AND ADJACENT TO LOT 14, BLOCK B, PINERIDGE HEIGHTS, ACCORD/NC TO THE PL 4 T THEREOF AS RECORDED IN PLA T BOOK I3, PAGE BO OF THE PUBLIC RECORDS OF PALt~ BEAOH COUNTY. FLORIDA ~ CO~YR~WT ~99 09REN. surrER a O~REN, ~$ ,~OUND 2' X 2' (NO ~ LOT 1 FA IRA CRE P~A T BOOK 24, PAGE 5J I MAP OF BOUNDARY SURVEY PA'JL O. ENGLE SURVEYOR & t4AP,mER O'BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS CERTFICATE OF AUTHORIZAT~ ~LB$53 SURVEYOR AND ¥4~'.R IN ~.~/BLE CHAR~,£ JOHN N SUITER 260I NORTH FEI~-RAL MIGHWA Y, OELRAY ~£ACJ4, FLOR~A .134B$ [561) 275-4501 732-$27g FAX 276-2~0 NOV 19. 1999 D.250 37 rlTY I:IF DELRRV BEI:I£H DELRAY BEACH AII-AmericaCity 100 N.W. 1st AVENUE TO: David T. Harden City Manager FROM: ~ Robert A. Barcinski r Assistant City Manager DELRAYBEACH, FLORIDA 33444 561/243-7000 DATE: February 28, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 7, 2000 SPECIAL EVENT APPROVAL - SKATE THE SUNSHINE STATE ,4 CTION City Commission is requested to endorse an event called Skate the Sunshine State which will pass through Delray Beach on April 13, 2000, to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of Anchor Park as a pit stop area, and to approve staff assistance for escorting the skaters through town and trash pick up. BACKGROUND This event begins April 7th in Orlando and will pass through Delray Beach on April 13th on the way to Miami. A detailed event profile is attached. The event manager Style Ventures, Inc. after a telephone conversation, is asking for use of Anchor Park versus Atlantic Dunes as a pit stop and is requesting City assistance for trash pick up and police escort. We assisted in this event last year and no overtime is needed. A liability insurance certificate is attached. RECOMMENDATION S~aff recommends approval of the temporary use permit and staff assistance for escort assistance and trash removal. RAB/tas File:u'sweeney/agenda Doc skate the sunshine state THE EFFORT ALWAYS MATTERS Sen~ By: Style Ventures, Inc.; 305 444 8418; Feb-17-O0 11:23AM; Page 3/12 TRAVEL February 17, 2000 Traccy Sweeney City of Delray Beach 100 N.W, 1h Ave Delray Beach, FI. 33444 Dear Ms, Sweeney: This is in regards to our telephone conversation, during which 1 infbrmed you about the upcoming 2''a Annual "Skate the Sunshine State" inlJne skating event_ This evem will begin in Titusvillc, Florida on April 7* and end in the An Deco District of Miami Beach on April 14t~, 2000. Participants will skate approximately 250 miles along Florida's east - coast. Attached, please find a copy of our event profile, which contains a detailed route description and other pertinent information. Kindly forward a copy to the Chief of Police. This year's "Skate the Sunshine State" event will be the proud sponsor of the Shy Drager Research Fund and will donate a portion of the proceeds directly to Vanderbilt University to research focusing on finding a cure for this disease, which affects one in ten thousand people world wide. Please inform me ifa permit is required for thc transfer through your city. It would be greatly appreciated if you could provide us with a written response stating whether or not a permit is required Thank you and best regards, Andreas Bahls r tions style Verstares, ll~ P~ce de l, eo~ Bl~d C~n~l ~ra~ ~S~t 33134 Sen~ By: Style Ventures, Inc.; 305 444 841fl; Feb-17-O0 11:23AMi Page 4/12 "Skate the Sunshine State" Event Profile "Skate the Sunshine State" is thc Florida extension of an international sporting event that originated in Germany in 1996. Thc Florida event took place in April of 1999 and already included 100 German and American inline skaQng enthusiasts who skated for 5 days from Cocoa Beach to Miami Beach. "Skate the Sunshine State" is now an annual event and will once again take place in April of the year 2000! The following profile provides detailed information about this project. 1. Tour itinerary and dates Date S..t~rt bay Eve. Destir~a~ion Friday, April 7 Arrival in Opening parly Orlando Orlando Saturd'ay. April 8 Titusvillc Coca Beach 34 Sunday, April 9 Cocoa Beach'" Veto Beach 52 ,..Monday, April 10 Veto Beach J~:..nsen Beach 36 Tuesday, April 11 Jen'.sen Beacl~'" Jensen BeaCh -- _Wednesday, April i. 2 Jensen Beach Palm Be..ach 48 Thursday, Ap. ill 13 Palm B.,each Ft,,. Lauderdale 45 Satur .d~...y, April 14 Ft. Lauderdale Clo.si. ,ng party Miami B.~,ach 29 2. Skaters We are expecting as many as 300 inline skaters from Germany and thc United States tbr this year's event. They will pay a participation f~e which will include accommodations for 8 nights, luggage transportation, transfers throughout the event, shuttle-services, mobile skater-equipment-services, refreshments, official T-shirt and sponsor gifts, insurance, and admission to all evening events (i.e. beach parties). Previous events have indicated the average age of the participants is between 25 and 30, but skaters of all ages have joined in and successfully completed the tour. The skaters have been mostly professionals, with intermediate to advanced skating skills. We expect "Skate the Sunshine State 2000" to attract a similar group, with an emphasis on the expansion of the participation level in the United States. Sent By: Gtyle Ventures, Inc.; 305 444 8418; Feb-17-O0 11:24AM; Page 5/12 3. Speed "Skate the Sunshine State" is not a mec. It is a friendly and fun-filled event without competition. The group will stay together and skate at an average speed of approximately 10 to 12 miles per hour. 4. Daily Schedule The skaters will start at 9 a.m. each morning. After approximately l - 1% hours, there will be a short break for refreshments. At 12 p.m., they will reach their lunch location, always located on a central square, park or close to a beach. Some locations will oflL'r a swimming opportunity. During these lunch stops, the participants will buy food and beverages from local caterers, m~d rest. At 2 p.m., the group will start thc second phase which will include another short break for refreshments. "Skate the Sunshine State" will be escorted by police and accompanied by ambulances, mobile service stations, luggage trucks, satellite vehicles, buses for "tired" skaters and a team of uniformed professional skaters to ensure safety. Along the way, there will bc additional short stops to case the flow of traffic. 'Ilae group will reach the evening destinations between 4 and 6 p.m. The skaters will pick up their luggage at a central location and will then be transferred to their overnight accommodations. At each evening destination, we will offer entertainment including, but not limited to, beach parties, barbecues arid live music. Transportation back to the hotels will also be included. 5. Starting Point and Daily End In all communities where the skating tour starts and ends, there will be a special area offering skate rental counters for one-day skaters. Sponsors will get the opportunity to present their banners and flags. We will provide a parking area for luggage trucks, "tired" skater bus, TV & radio transmission vans, and escorting cars. Upon reaching the evening destination, the skaters will be welcomed by "Skate the Sunshine State" support staff and in some cases, iht mayor or other city representative. Sene By: Gt¥1e Ventures, Inc.; 305 444 8418; Feb-17-O0 11:25AM; Page 6/12 6. Accommodations We will provide accommodations for skaters in moderately priced hotels and motels. Skaters will be able to share their rooms with up to 3 people. Transportation from the hotels to the starting points in the mornings will also be included. 7. Cheek-in for One-Day Skaters Skaters will have the chance to join the "Skate the Sunshine State" inline skating tour in Florida on a daily basis for a minimal starting fee. At the cheek-in counter, one-day skaters will receive a registration-pass, official I-shirt, and tour inthrmafion for the day. Return mmsportation for the one-day skaters will be available for a fi:e. Skating registration will take place each morning, at which time skaters will choose whether they will return immediately after the tour or after the evening entertainment. 8. Promoting "Skate thc Sunshine Statc' During the most recent inline skating event in Florida last April, 1 O0 participants joined the f~sfivities while 30 million people were reached through enormous media coverage. In February, we will begin promoting "Skate the Sunshine State" on ~veral radio and TV stations throughout Germany. German newspapers and magazines will report in advance, and press conferences will be hcld. The following is a list of promotional activities through which we will introduce and advertise "Skate the Sunshine State": We will work in conjunction with local C&VB's (Convention and Visitors Bureaus), as well as with VISIT FLORIDA, and benefit from the many resoarces these organizations can provide (please see attached letter from VISIT FLORIDA). We will notify all inline skating clubs, a.qsociations and skating and fitness magazines in the United States in order to reach their members ~md subscribers. These publications are sources that inline skaters depend on to learn about upcoming evems. Sent By: ,~tyle Ventupes, Inc.; 305 444 8418; Feb-17-O0 11:26AM; Page 7/12 A "Skate thc Sunshine State" news letter and advertising material will be created and distributed throughout the cities, counties and inline shops and clubs. Information about "Skate the Sunshine State" will be available on thc internet at its own web,~ite. · Local radio, television and newspapers will inform the public o1' the upcoming event, including sponsors. Exposure "Skate the Sunshine State" will be covered by national and international media. German travelers, who make up a large pan of the tourist population in Florida, will learn about destinations along the east coast that may still be unknown to them. During the event, extra business will be generated for hotels, restaurants and others along the eastern coastline. Event sponsors will have the opportunity to showcase their products locally and internationally. Additionally, "Skate the Sunshine State" will reinforce Florida's existing image as a warm and welcoming vacation destination. 9. Event Plnnnera Style Ventures, Inc. Style Ventures, Inc. is a tour and destination management company that was founded in 1994 by Mark A. Fulmen. This Miami based travel company offers a variety of services including individual and group travel, incentives and events. Style Ventures, Inc. is well known for its reliability and excellence within the travel field and receives a remarkable nurnber of personal recommendations from the companies and individuals who use its services. This outstanding "word of mouth" advertising fi.om satisfied customers has been the key to its growth and continuing success. It is for this reason that the Greater Miami Conventions and Visitor's Bureau selects Style Ventures, Inc. to guide its international journalist groups, tour operators and other special guests through Miami and its surrounding areas. Sen~ By: Gtyle Ventures, Inc.; 305 444 8418; Feb-17-O0 11:27AM; Page 8/12 Mark A. Funnen is the main local organizer of"Skate the Sunshine State." He is contracted by Obst & Friends Events GmbH, a German event planning company, to handle all local issues pertaining to this event. Obst ,~, Friends GmbH Obst & Friends GmbH, began this popular sporting event in 1996 and created one of the world's largest inline skating events, now listed in the Guinness Book of Records. Mr. Obst is an experienced event planner and has been successful with various other events in Germany, i.e. "BR-Radltour," Europe's largest bicycle tour, "Sma im Park," m~ annual PR show and celebration by ARD (Germany's number one TV and radio station), rock and pop concerts featuring performers such as Status Quo and Roger Chapman, as well as "BR-Inline," the unique four-day inline skating event. Because of the growing popularity ofinline skating, Mr. Bernhard Obst contacted Mark A. Funnen to organize tiffs Gem~an-American skating event along the east coast of Florida. Contact Information Main organizer responsible for all planning, organization and logistics: Obst & Friends Event ~3mbH Contact: Marsstr. 14 b 80335 Munich Germany Phone: (49) 89-55079000 Fax: (49) 89-55079008 E-mail: obst&friends~lt-online.de Dr. Bernhard Obst Responsible for planning, organization and logistics in the United States: Style Ventures, Inc. Contact: 1109 Ponce de Leon Blvd. Coral Gables, FL 33134 Tel.: (305)444-8428 Fax: (305) 444-8418 E-mail: MF~travelwithstyle.com Mark A. Furmen Sent By:-Style Ventures, Inc.; 305 444 8418; Feb-17-O0 11:28AM; Page 9/12 "Skate the Sunshine State 2000" Route Description Day I Saturday, 8a of. April, Titusvitle "Space view park" Titusville to Cocoa Beach I 1:00 am 12:45 pm 03:00 pm 04:45 pm 05:15 pm 05:45 pm Turn left (south) on Indian River Ave. 0.3 mis. t'urn right (west) on Pine St. 0.1 ntis. Turn left (south) on Hopkins Ave./US-I 6.0 mis. Take 405 westbound/southbound 7.6 mis. Arrive Kennedy Space Cir.-water/lunch break Continue on 405 eastbound to hwy 3 south I 1_2 mis. Take 528 east 5.2 mis. Turn left on Dave Nisbot Dr. East on Glen Creek to "Rusty's" - water break "Rusty's"- east on Glen Creek Dr. South on Park Rd. to 401 0.4 mis. East on G_ King Blvd. South on North Atlantic Blvd. 1.4 mls. South on AIA to Days Inn 1.4 mis. Overnight Days Inn Total 14.0 mis. 16.4 mis. 3.2 mis. 33,.6 ml~ Day 2. Sunday~ 9~ of Aprll~ Cocoa Beach - D.ay,s Inn Parldnl~ Lot Cocoa Beach to Vero Beach 09:00 am 10:30 am I 1:00 am 12:30 pm 01:30 pm 03:00 pm 03:30 pm 05:00 pm West on Young Ave. South on Ocean Blvd. West on Walkulla South on Atlantic Blvd. Water break at Pelican Beach Park South on A 1A East on 4* Ave. South on Waveerest South onA 1A East on Ocean Blvd. South on Atlantic St. to Driftwood Plaza Lunch at Driftwood Plaza South on A 1 A to Sebastian Inlet Water break geh~tian Inlet State Park South on A1A to Vero Beach Inn Overnight Vero Beach Inn 1.3 mis. 13.0 mis. 7.6 mis, 4.2 mis. 12.2 mis. 14.3 mis. 11.3 mis. 12.2 mis. 14.0 ml~. 52.3 mia. Serrt By: ~tyle Ventures, Znc.; 305 444 8418; Feb-17-O0 11:28AM; Page 10/12 Da}' 3 Monday~ 1,0 of,Ap.rtl, Vero ,Beach~ Veto Beach Inn Vero Beach to Jensen Beach 09:00 mn 10:00 am 10:30 am I 1:30 am 01:00 pm 03:00 pm 03:30 pm 04:00 pm South on A 1A East on Mango Rd. Soulh on Ocean Dr_ West on Bay Oak South on Club Dr. West on Causeway Blvd. South on AIA Water break Road Island Park South on A 1 A West on Shorewinds I)r./N.Beach Causeway South on US-1 East on Seaway Dr. South on Indian River Dr. East on Ave. A Lunch break at Ft. Pierce Marina South on Indian River Dr. East on 732 - water break '/4 mile cast of Indian River Dr. South on A 1A to Holiday Inn Overnight Holiday Inn, Jensen Beach 3.3 mis. 9.5 mis. 1.9 mis. Total 9.0 mis. 18.5 ml~. 15.4 mis. 35.8 mis. Day 4 Tuesday,, 11a ofAofll, Je_nsen Beach~ Holiday Inn Beach Day _Day 5 Wednesday, 12...m ofAprit~ Jensen Beg, ,c,h, Holiday Inn Jensen Beach to Palm Beach 09:00 am 10:30 am South on AIA West on E. Ocean Blvd. 5.2 mis. South on St. Lucie Blvd. 4.7 mis. South on AIA East on Osprey North on Gomez Ave to Peck Lake Park 5.2 mis. Water break at Peck Lake Park ISA mis. Se~t By:.Style Ventures, Inc.; 305 444 8418; Feb-17-O0 11:29AM; Page 11/12 11:00 am 12:30 pm 02:00 pm 03:00 pm 03:30 pm South on Gomez Ave. East on Crossrip South on Oomez Ave. 'Fast on 707 South oa Beach Rd. (707) Merge into Goraez Rd. South on US-1 East / South on Occam Blvd. Lunch break at Carfin Park South on Ocean Blvd. East on Celcstiai Way South on tJS-1 East o~ PGA Blvd. South on N. Ocean Blvd. Water Break at Ocean Reef Park South on Ocean Blvd. South on US-1 East on 52=d St_ South on N. Flagler Dr. East on 36tk St. South on Flagler Dr. to Clematis Overnight transfer to Comfort Inn 3.5 mis 9.7 mis. 2.0 mis. 3.9 mls. 0.6 mis. 6.0 mis. 2.0 mis_ 5.4 mis. Total 1S.2mls. 10.0 mis. 7.4 mis. 47.7mis Day 6 Thursday, 13a of ApriL~ Clematis Palm Beach to Ft. Lauderdale 09:00 am 10:00 am 10:30 am 12:00 pm South on Flaglcr Dr. East on Greunwood South on Flagler Dr. West on Gregory Rd. South on US-I (Olive Ave.) East on Ocean Ave. Water break at Bicentennial Park West on Ch:eau Ave. South on U S-i East on Bush Blvd. South on A 1A Lunch break at Atlantic Dunes Park South on A 1A West on 14'h St. 25 mis. 2.6 mis. 6.2 mis. 8.1 mis. 0.7 mis. 3.1 mis. 13.7 mis_ 0.3 mis. 11.3 mis. I 1.9 mis. Sent By:.Style Ventures, Inc.; 305 444 8418; Feb-17-O0 11:29AMi Page 12/12 03:30 pm 05:00 pm Water break at AhdorfPark East on 14* St. South on A1A Overnight Holiday Inn Sunrise Blvd. Day 7 Ft~[#y, 14th of April Holiday.[_n_n Irt Lauderdale to Miami 10:30 am 11:00 nm 11:30 am 12:30 pm 02:00 pm 03:30 pm 04:30 pm 05:00 South on A lA Water Taxi tour F~st on 17a~ St. Causeway South on US-I East on East Dania Beach Blvd. Lunch break at Basin Fishing Pier South on A I A 163rd St. Cswy. Water break in Surfside South on Harding West on 63'~ St. South on La Gorce Dr. Continue south on Pinetree Dr South on Washington Ave. Arrival at Lincoln Road Mall 8.4 mls. Total 14.0 mis. 45.0 mis. 4.7 mis. 2.0 mis. 6.7 mis. 8.4 mis. [ITY (IF I)ELRR¥ BEI:IgH DFLRAY BEACH AII-Americal~ity lOO N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 - 561/243-7000 993 TO: David T. Harden City Manager FROM: na/lRobert A. Barcinski Assistant City Manager DATE: February 28, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 7, 2000 SPECIAL EVENT APPROVAL - HOT AIR BALLOON GLOW AND BALLOON RACE ACTION City Commission is requested to approve a Hot Air Balloon Glow on 03/24/00 and a Hot Air Balloon Race to be held on 03/25/00 to be sponsored by the City through your Millennium Committee. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(H) for the closure of A-1-A on 03/24/00 from Atlantic to Thomas Street between 3:00 p.m. and midnight, and to approve staff support for security and traffic control, barricading, and signage preparation, stage set up and take down, and trash removal. BA CKGR 0 UND Attached is a flyer outlining the activities to take place on 03/24/00 and 03/25/00 for the Delay Beach Millennium Hot Air Balloon Race and Festival. The ball~)on glow will be held on A-1-A on 03/24/00 from 7:00 p.m. - 10:00 p.m. Entertainment and food will be set up, as well as a display of about five (5) hot air balloons. On Saturday, 03/25/00, two (2) races will start from Lake Ida Park one at 7:00 a.m. and one at 4:00 p.m. Activities each morning beginning at 6:00 a.m. include a pancake breakfast, as well as opening ceremonies. Throughout the day Saturday tethered rides will be offered to the public, as well as Sunday Morning. A VIP and sponsors tent will be set up, as well as local entertainment. Balloon sponsorships are being solicited through the Joint Venture to offset the costs, as well as raise funds for the teen central project. Staff assistance will be needed on both 03/24/00 on A-l-A, as well as 03/25/00 at Lake Ida Park for traffic control and security, barricading, stage set up and removal and trash pick up. City staff is also being requested to make and put up signage for the event to include all off site parking. As event sponsor, the City, through our self-insurance program would assume event liability and satisfy FDOT and County insurance requirements. In addition, all balloonists and vendors will provide liability insurance. The City's Risk Manager and Fire Department staff have been involved in planning for this event. THE EFFORT ALWAYS MATTERS Agenda Item City Commission Meeting March 7, 2000 Page #2 Date: February 28, 2000 RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for A-l-A, and approval of staff support for traffic control and security, barricading, sign preparation and installation stage set up and removal, and trash removal. RAB/tas File. u:sweeney/agenda Doc:skate the sunshine state March 24th, 25th & 26th RECE~V"'~' D~ LBIi~J B~lICll FEB 2 4 CITY MANA~E~ ill I L L(II il I U m The Delra~ Beach Millenni. rn HOTA Race Festiva] Balloon Glow: 7:00 pm - 10:00 pm Come join us at the beach along A1A and Atlantic Avenue to witness the fully lighted balloons, meet the pilots, and enjoy live entertainment, food and more! A1A & Atlantic Avenue Balloon Races: 7:00 am & 4:00 pm Pancake breakfast, children's activities, food, and entertainment. Tethered rides will be available. Lake Ida Park at 1-95 Balloon Race: 7:00 am Pancake Breakfast Lake Ida Park at 1-95 Free trolley service available For Information, please call 561-278-0424 Sun-Sentinel Adelphia CITY JIF I]ELAI:IY BEI:I£H DELRAY BEACH AII-AmericaCib/ 1 oo N.W. 1 st AVENUE DELRAY BEACH, FLORIDA 33444 1993 TO: David T. Harden City Manager Aobert A. Barcinski ssistant City Manager FROM: DATE: March 2, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 7, 2000 SPECIAL EVENT APPROVAL - WALGREENS RED RIBBON RIDE ACTION City Commission is requested to approve the Walgreens Red Ribbon Ride which will pass through Delray Beach on April 2, 2000, to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of Anchor Park and it's facilities from 6:00 a.m. to 10:00 a.m. on this date as a pit stop to include restroom facilities, and to authorize staff support for barricading and traffic control. BACKGROUND Attached is a request I received from Ryvis Sierra, Logistics Coordinator, for the Walgreens Red Ribbon Ride to use Anchor Park a pit stop on April 2, 2000. This is a bike ride event beginning in Orlando on March 3 ISt and will end in Fort Lauderdale on April 2nd. The event volunteers will clean up the site, set up the site provide assistance to the riders, set up tents and provide port-a-potties if necessary. Our involvement would be to set up cardboard trash containers, barricade the lot and provide traffic control. Traffic control can be done with on-duty personnel and barricading the lot for this use would require minimum time. Trash containers can be set out by the crew putting up barricades that morning. 561/243-7000 RECOMMENDATION Staff recommends approval of the temporary use permit for the use of Anchor Park site and building for the Walgreens Red Ribbon Ride on April 2, 2000 from 6:00 a.m. to 10:00 a.m., and approval of staff support for traffic control, barricade, and trash container set up and removal. RAB/tas Attachments Doc.walgreen red ribbon rld~ Prlnted on Recy=led Paper THE EFFORT ALWAYS MATTERS · 02/28/00 M0N 16:22 FAX 305 690 6484 CLEAR CHANNEL ~002 3000 North 2~llh Terse. Hol~/~oo~ FL 3302(] Ter t~J,l~.mllll~ raz t 954 ~;~,J117 www.redri b bo n r~de.or g SM February 28,2000 Fax: 561-243-7000 Mr_ David T. Harden City Manager City of Delray B~ach RE: WALGREENS RIDE 2000 From March 3 I- April 2"a, 2000, some 900 individuals will take part in thc Walgreens Ride 2000. This fundraismg event is a 275-mile, 3-day bike ride from Orlando to South Florida that raises money for six different AIDS service providers throughout Florida. The Walgreens Ride 2000 is not a race, but an extraordinary journey for life to raise awareness and compassion about this devastating disease. Just as we did in 1999, we are writing to inform the City of Dclray Beach of our proposed route for thc Walgrcen~ Ride 2000, and to garner your wrilten support in making this a memorable event for all those involved. With thorough consideration for safety, distance, scenery and ease, our proposed route through the City of Delray Beach on April ~2nd, 2000 is as follows: Enter Delray Beac'k via AIA from town of Guif~ream, proceed south on A1A, cross Atltmtic A~enue then go right to enter Anchor Parl~. (Pit Stop #1) ~en eriting right nato AIA till me enter Highland Beach. The Walgreens Ride 2000 does not request thc closure of&ny streets in your jurisdiction. We would simply like to inform all of thc local authorities of our presence in order to provide our riders with the safest ride possible. We kmdly ask that you write/fax back a letter from your office mdicatmg your acknowledgement of our route through City of Delray Beach and the intention of your support of our event along with any other information that will enable us to assure that this is a memorable and s~fe ride for all those involved. We would also like to ask mat your office inform us of any construction or other special event that may conflict with our efforts. We have included a last years letter for your reference. Please fax us your letter as s~on as possible to the following number: 954-922-9117 c/o Kevin Cerenzia After you have reviewed the proposed route, as well as the information about our event, please caQ mc at 305-7'/0-2629 or 1-888-658-2453 if you have any further questions or require any additional information Thank you for your attention and cooperation. We truly appreciate your support. Si~cerely)~ Special Events oor inator Action For ADDS. AIDS Resource Alhance. Care Resource. CenterOne. Comprehensive AIDS Program, Tam *A fund of the McCormick Tribune Foundation Networ · 02/2&/00 MON 16:23 690 6484 CLEAR CHANNEL North 28th T~ race. Hollywood FL 33020 Tel/ffSB.~.BIKE t:,~x / 084 ~;~.~117 www.r ed ri b bo n ri d e o r cj Am mef tam Sm~-Smmlmmm~ b's Fund FREQUENTLY ASKED QUESTIONS ABOUT THE WALGREENS RIDE 2000 004 WHAT IS THIS WALGREENS RIDE 2000? The Walgreens Ride will take place from March 31, 2000 -April 2, 2000. Some 500 - 1000 riders will participate from across the country ~n a three-day, 275-rode fundraising event on bicycle. The Ride will take us from Orlando clown the breathtaking shores of the Atlantic Ocean on route to Fort Lauderdale The event raises money for the AIDS related services of CenterOne located in Fort Lauderdale, AIDS Resource Alliance in Orlando, Action for AIDS of Florida, Community AIDS Resource of Broward, Dada and Palm Beach counties, Comprehensive AIDS Program of Palm Reach County, and Tampa AIDS Network. WHAT IS A PIT STOP? Every 10-20 miles along the route, we provide a rest area or pit stop to ensure the safety and the well being of the participants of the r~de Each p;t stop, run by a volunteer crew, g;ves the riders an opportunity to replace lost fluids and electrolytes, stock up on carbohydrates, use the portable restrooms we prowde, and a chance to rest and stretch out tired muscles before beginning the next leg of their journey. Also provided are on hand skilled medicat personnel to assist w~th any physical aliments the rider may be experiencing and bike technicians to repair any malfunctions of the rider's bicycle. Our volunteer crew begins their day at 4: 30am, rising early to load their vehicles, eat and be on the road by 6:00am Our first p~t is open and ready for the first riders arrival by 7:00am, closing at 10:30am and our last p;t opens at 11:00am and closes at 6 30pm As the R~de progresses, we "collapse" the route behind the riders, cleaning up each pit stop, and leaving no trace of the Ride behind This process allows us to maintain control of the riders' safety and passage through each jurisdiction_ Since the riders are traveling at their own pace, they will be stretched out over the route, separated by up to 60 miles between the first and last rider. Because of th~s spacing, we do not anticipate more than 50-150 r~ders utilizing a pit stop at any graven time. The exception may be the pit stop designated as our lunch stop, where riders tend to stay a liffie longer to enjoy the boxed lunch we provide. When we scout the route for a pit stop site, we carefully choose our sites based on the following criteria: · A site on the right hand side of the road to allow riders to exit and enter safely. · A large enough s~te to accommodate our vehicles and participants at any given time, yet small enough for a small crew to maintain traffic and pedestrian control_ · An area that provides shades for the riders · Water source for our "misting" cool off area. On-site pay phones. · Room for support vehicles and television news crews to enter and exit throughout the day. Action For AIDS. AIDS Resource Alliance. Care Resource. CenterOne. Comprehensive AIDS Program. Tam · 02/2&/00 ffON 16:23 FAX 305 690 6484 CLEAR CHANNEL 0O5 Equipment we will have on site ~11 include the following: · 6 - 8 portable toilets (to be dropped off 1 day prior to our arrival). A 10' x 20' canopy (2 at lunch stops)_ · A 6'w x 8'h walk through "mister~' · Dumpsters at lunch stops only (to be dropped off 1 day prior to our arrival). · Megaphones used for rider and vehicle control, Vehicles parked on site will include: · A 15'truck. · 1 - 2 12-person passenger vans. · A bike tech support van · Refrigeration trucks at the lunch stop only WE ARE AWARE WE ARE BEING ENTRUSTED WITH THE CARE OF PUBLIC AND PRIVATE PROPERTY AND WE WILL ENDEAVOR TO BE WORTHY OF THAT TRUST WHAT HAPPENS IF A RIDER IS INJURED? The Walgreens Ride 2000 takes safety seriously. We have put in place a comprehensive plan to ensure that in the event of an emergency, our riders and crew will receive immediate and professional care Th~s plan will be implemented w~th the use of cellular phones, pagers, and 2 way radios. A rider w~ll never I~e more than 8 m~ies from qualified medical treatment. The Ride will be escorted by ambulances equipped and staffed by licensed EMT personnel Our on-road staff will act strictly in a tdage model - stabilizing injured riders We have begun contacting emergency teams along the route and will defer to local 91 lemergency operahons for necessary transport to local medical facilities Finally, every rider and crew member will wear an ~dentification bracelet. A matching tag is affixed to their bicycle_ These bracelets have a toll-free 24 hour emergency number that will connect the caller with officmls at our command center who will implement our emergency procedures. WHO IS RESPONSIBLE FOR THE GARBAGE THAT THE RIDE WILL GENERATE? Garbage will not be a significant problem along the route. Riders will be given food and drink at the pit stops we provide along the route. Riders are encouraged to leave their garbage at the pit stop or place it in their packs until it can be properly disposed of. Out road crews will continually monitor the route, picking up any trash generated by our riders Trash in and around the pit stops is cleaned up anti removed by our crews and disposed of our dumpster at camp. WILL BUSINESSES ALONG THE ROUTE BE ADERVERSELT AFFECTED? Businesses w~ll not be affected ~n any way_ In fact, businesses such as coffee shops, grocery stores, and convenience stores along the route are likely to see business increase as riders stop in to purchase items ~n order to meet their needs along the route Furthermore, as people in the communities along the route come out to support the riders, businesses are given a great opportunity to market to them as well. IS THE WALGREENS RIDE 2000 INSURED AGAINST LIABILITY? The Watgreens Ride 2000 is fully insured for general liability and can provide a certificate of proof of insurance upon request WHO IS COORDINATING THE ROUTE? Larissa Chesarek, Logistics Manager for the Ride, is the principle contact. Please call at (888) 658-2453, or fax (954) 92249117 if you have any questions 2-2S-2000 B:B2PM FROM RED RIBBON RIDE 954 922 9117"-~ ~' P 1 Pages: [] Urgent ~/~or Review 0 Please Comment El Please Reply ~3 Please Recycle Nol~s: 3000 N. 28'* Terrace Hollywood, FL 33020 888-658-BIKE F~4X 954-922-9117 2-'2B-2000 B:B3PM FROM RED RIBBON RIDE 9B4 922 9117 P_3 ri ~on ~bon~o, TX 78212 ~P~s AFFORO~ (2~0)734-6677 F~(210)734-6771 ~ ~L C~ZCAT~ONS s RE~Z~CE NATZO~ P. O. BOX 659512 ~ c ~ ~0NIO TX 78265 J ~ ~15 l$ ~ GE~i~ ~AT THE ~ ~ IN~UR~CE USTED BEL~ ~ E~N 1~gO~ TO T~ I~U~ ~ED ~OVE F~ TH~ ~Y ~OA~, NO~iTH~NG A~ REOUI~. ~ ~ CONOITI~ ~ ANY CONT~T OR OTHER ~T ~ REJECT ~ ~H THIS CER~FI~ ~Y ~ (3~EO ~ MAY ~AIN, THE INSU~ ~OEO 8Y mE ~CIE$ ~S0~8~0 HE.IN I~ SU~ECT TO ~L THE TO BE US~ ~OR PR~F OE ZN~CE O~Y. F~ ~ K~IN ~~IA 954-922-9~94 TOTAL PAGE.02 ** [IT¥ OF DELRI:I¥ BEI:IgH AII-AmericaCity 100 N.W. I st AVE N UE 993 TO: David T. Harden City Manager FROM: Robert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: March 1, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MARCH 7, 2000 SPECIAL EVENT APPROVAL - CYSTIC FIBROSIS 10K WALK ACTION City Commission is requested to consider approval of the Cystic Fibrosis Foundations Annual 10K Walk to be held on May 20, 2000 from approximately 6:30 a.m. to 11:00 a.m., to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of the sidewalks along A-1-A and Anchor Park including approximately 50 parking spaces and to authorize police assistance for traffic control, splitting overtime costs 50/50. BA CKGR 0 UND Per the attached request, the Cystic Fibrosis Foundation would again this year like to hold their 1 OK Walk fund-raiser in Delray Beach. As they did last year, they would like to start and finish at Anchor Park and will utilize the sidewalks along A-1-A crossing over at two locations per the attached. We will not have to barricade A-1-A or detour traffic. Police staff will need to provide traffic control assistance. The estimated overtime costs for this event is $396.00. The event sponsors again this year are requesting that they pay 50% of the overtime cost. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, and splitting the police overtime costs 50/50. 561/243-7000 RAB/tas Ftle u:sweeney/agenda Doc:cysttc fibrosts lOk walk THE EFFORT ALWAYS MATTERS ~Cystic Fibrosis Foundation January 12, 2000 Mr. Bob Barcinski, Asst. City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RECEIVED JAN 1 8 ?000 CITY fVL\NAG ER Dear Mr. Barcinski: On May 20, 2000, Great Strides, the Cystic Fibrosis Foundation's annual 10K (6.2 mile) walk event will take advantage of the universal appeal of walking. Local corporate walk teams will be pitted against each other in fnendly competition, while schools, organizations and individual groups of families and friends will form walk teams to participate in this national event. They will all have the same goal in mind ~ to raise money to fund a cure for cystic fibrosis (CF). Once again, we would like to request Delray Beach as a walk site for this important event. Last year, our expansion into Delray Beach raised a substantial $11,000 for CF research and care. This year it is our goal to far exceed that amount by continuing the momentum m community friendly cihes such as Delray Beach. Since Great Strides is a 1 OK walk, we would like to use the same format as last year, starting and finishing at Anchor Park. Also, we will be expecting approximately 100 walkers so we will need to use the city's traffic safety officials for crossing designated streets. We would sincerely appreciate if the city would incur half of the overtime costs for this request. (Please see enclosed reformation detmling last year's route and police requirements.) With your help, we are confident that the Delray Beach Great Strides will become one of the most successful expansion sites to benefit the Cystic Fibrosis Foundation and raise the important funds necessary to fight this devastating disease. If you have any questions, please feel free to call me at the Foundation office. Otherwise, I will contact you soon to confirm all of the details. On behalf of the Cystic Fibrosis Foundation, thank you so much for your efforts on this most important event. Sincerely, Director of Special Events WS:hk enclosure Florida Chapter - Ft. Lauderdale Office Two Prospect Park Business Center 3443 N W. 55th Street, Budding 7 Fort Lauderdale, Flonda 33309 Boca Raton (954) 426-3918 Broward (954) 739-5006 Dade (305) 947-4243 E-mini florida@cfr org Fax (954) 739-2890 c: \letters 2000\001615.doc a: \white t/la (g, sdel) Internet. www cff. org N Z Beach Drive Marriott Atlantic Ave. Rest Rooms Start- Finish Casaurina Rd. Seagate Hotel Delray- Directions Start at Anchor Park. Cross A1A to sidewalk on east side of street and walk south. At the Seagate Beach Club, cross A1A to the s~dewalk on the west side of street. Travel South on A1A. Cross Linton Blvd. and continue south into Highland Beach. When you reach the Highland Beach Holiday Inn parking lot, turn around. Travel north, crossing Linton Blvd. until you reach the Seagate Hotel. Cross the street to the east side of the street. Continue walking north on A1A. At the end of the sidewalk at Beach Drive, turn around. Travel south until you reach the crosswalk for Anchor Park. Cross street and enter Anchor Park. Congratulations! You made it]] water stop Linton Blvd. Parking Lot for Holiday Inn CROSS W~ Turn around here ITurn around here END OF SIDEWALK water stop ISeagate Beach Club Holiday Inn Highland Beach c: \gsdel map.ppt Z Memorandum DATE: March 2, 2000 TO: David T. Harden - City Manager FROM: ~;~l~obert A. Barcinski - Assistant City Manager RE: Request for a Tent Permit - Irish Cottage Pub & Grill ITEM BEFORE THE COMMISSION: City Commission consideration of the request from the Irish Cottage Pub and Grill to erect a temporary tent on their property located at 2515 N. Federal Highway from Thursday, March 9 through Monday, March 20, 2000 for a St. Patrick's Day celebration. BACKGROUND: Section 2.4.6(H)(2) of the Land Development Regulations governing Temporary Use Permits requires City Commission approval for uses under a tent. The Commission delegates the approval of tent permits that are ereted for three (3) days or less and which comply with the conditions under Sections 2.4.6(H)(3)(a) to the Chief Building Official. This request is submitted for your consideration because of the length of time the Irish Cottage is proposing to have the tent erected and the use, retail sales. The LDR's prohibits the use of tents for retail sales or other commercial uses. A copy of the request is attached for your reference. RECOMMENDATION: Commission action required. RAB:DQ Attachment Tent.rab(3/2000) 0~/02/2000 09:27 PAGE B2 iRISD COl:EASe 251,5 N. Fadzral Hwy. · D~lr~ Beach, FL 33483. .56L272.2078 Mamh l, 2000 Mr. Robert Baminaki Assistant City M~mager City of Ddmy 100NW I" Awmue Delray Beth, FL 33481 SENT VIA FAX As one of the owners of the Irish Coo_age Pub & Grill I am respectfully requesting your assistance in our endeavors to g~t an extension on a tent permit. We have a party on our premises on the day of the Delray St. Patrick's Day Parade (Saturday, March 1 I*) and on St. Patrick's Day itselt~ Friday, March 17*. Thc tenl ia set up behind our building, and is used for thc purpose of serving rcfrc~ts. While the tent will be used for only two days, the tent comlmny must put it up on Thursday, March 9~ and strut it on Monday, March 20% I was just advised by Mr. Samonc that the typical tent permit is for only three days and therefore we need to bring this matter before the City Commission for an extension. For thc past four years we have received a permit for the tent from the City even though the tent was up for longer than three days. We would g~atly appreciate it if you would place this matter on the agenda for the City Commission meeting on Tuesday, March 7'. Enclosed is a copy of my letter to thc City Thank you for your help. Sino~ly, THE IRISH COTTAGE PUB & GRILL, INC. ~3/02/2000 09:27 73606~5 2515 N. Federal Hwy., Delray Beach, FL 33483. 561.272.20/8 PAGE 03 February 11, 2000 Mr. Jerry Sansone City of Delray Beach Delray Beach, Florida Dear Mr. Sansone: We are planning to set up a 40' x 100' tent on our premfses on Thursday, March 9, 2000. It will be taken down on Monday, March 20, 2000. The tent will be used for the purpose of serving refreshments. Sincerely, IRISH COTTAGE PUB & GRILL, INC. Dan Glazer MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM q./~ - REGULAR MEETING OF MARCH 7, 2000 REPLACEMENT APPOINTMENT TO METROPOLITAN PLANNING DATE: ORGANIZATION MARCH 3, 2000 At last year's organizational meeting (March 25, 1999), Commissioner Machael Wright was appointed to serve as the City's elected official representative to the Metropolitan Planning Organizauon (MPO). Commissioner Randolph agreed to serve as alternate. With Commissioner Wnght's res~gnauon from the City Commission, there ~s a vacancy on the MPO for Delray Beach's elected official. The MPO Board (elected officials) meets on the 3ra Thursday of the month at 9:00 a.m., 12th Floor Conference Room at the Governmental Center m West Palm Beach. The next two meetings are scheduled for March 164 and April 204. Paul Dorling serves as the City's staff liaison to the MPO and attends Techmcal Advisory Committee (staff subcorrmuttee) meetings which are held on the 1 st Wednesday of the month. The MPO has contacted us about filling the vacancy. The City Commission may appoint a replacement for Commissioner Wright on Tuesday or you may wish to defer the formal appointment until after the municipal election. If you choose to postpone aclaon, the appointment will be scheduled for the organizauonal meeting on March 30, 2000. Recommend Commission consideration. Ref'Agmemol 2.Repl Appt MPO 02/15/2080 11:08 5612335504 METRO PLNG 0RG PAGE 02 METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY 160 Australian Avenue Suite 201, West Pa~m Beach, Flond~ 33406 ~'e[, (~;~ 1 )~ ~84-4170 MEETING NOTICE~// METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY NOTICE IS HEREBY GIVEN THAT THE MONTHLY MEETING WILL BE HELD BY THE METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY DATE. Thursday, February 17, 200_0... TIME: 9:00 A.M. PLACE: Palm Beach County Governmental Center Twelfth Floor Conference Room (McEaddy) 301 North Olive Avenue West Palm Beach, Florida AGENDA: *11. CALL TO ORDER A_ Roll Call B. Prayer C Pledge of Allegiance ADOPTION OF AGENDA ** II1_ CONSENT AGENDA ** IV_ Approval of Minutes of the December 16, 1999 MPO Meeting Transportation Disadvantaged Coordinating Board Appointments Transportation Disadvantaged Funding Support- Res. MPO 1-00 OLD BUSINESS *A Enhancement Funding Process** 13t~ Street Status Report and Plan Amendment** Citizens Advisory Committee Appointments** P O Box 21229, West P~lm Beach, Flor~d~ 33416-1229 02/i6/2000 11:00 5612335664 METRO PLNG ORG PAGE 03 METROPOLITAN PLANNING ORGANIZATION MEETING NOTICE FEB 17,2000 - 2 VI. VII. NEW BUSINESS *A. FDOT Work Program Development Process Red Light Violation Enforcement Program** Concurrency Transit Exception** SECRETARY'S REPORT *A_ B_ C. Correspondence Next Meeting - March 16, 2000 Other OPPORTUNITY FOR CITIZENS TO SPEAK ON TRANSPORTATION VIII. IX. MATTERS RECOMMENDATIONS/COMMENTS BY MEMBERS ADJOURNMENT * Backup Provided ** Action Required "If any person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based," In accordance with the provisions of ADA, this agenda may be requested in an alternative format. Contact Randy Whiffield at (561) 684-4170. 02/1B/2000 11:00 5612335664 METRO PLNG ORG PAGE 04 METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY ]~e_e~ting Schedule - Calendar ](.ear 2000 Technical Advisory Committee (TAC): Meets the first Wednesday of each month. Meeting begins 9:00a.m. and is held in thc Third Floor Conference. Room of the County Engineering Building at 160 Australian Avenue, West Palm Beach, Florida 33406. Dates are as follows: January 5 July 5 February 2 August 2 March 1 September 6 April 5 October 4 May 3 November 1 June 7 December 6 Citizens Advisory Committee (CAC): Meets the first Wednesday of each month_ Meeting begins at 2:00p.m. and ~s held in the Third Floor Conference Room of the County Engineering Building at 160 Australian Avenue, West Palm Beach, Florida 33406. Dates are as follows: January 5 July 5 February 2 August 2 March 1 September 6 April 5 October 4 May 3 November I June 7 December 6 Metropolitan Planning Organization (MPO Board): Meets the third Thursday of each month. Meeting begins at 9:00a.m. and is held in the Twelfth Floor _Cox~£erence Room of the County Governmental Center at 301 North Olive Avenue~ West Palm Beach, Florida 33402. Dates are as follows: January 20 July 20 February 17 August 17 March 16 September 21 April 20 October 19 May 18 November 16 June 15 December 21 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM 9./- · - REGULAR MEETING OF MARCH 7, 2000 APPOINTMENT TO THE EDUCATION BOARD FEBRUARY 29, 2000 With the automatsc resignauon of Barbara Bean Johnson from the Educauon Board, a vacancy has been created to fill her unexpired term ending July 31, 2001. Members of the Education Board must be residents of the City or have a child attending Delray Beach pubhc schools or own property and/or own or operate a business within the City. It ~s the intent, whenever possible, that the memberslup include persons w~th a background m business, real estate and/or educauon. The following have submitted applications and would like to be considered for appointment: o:o Joseph M. Bernadel · ~o Wilham L. Berry °.% Ron Britt · ~o Marlene Z. Brown ¢° Mimi Shapiro (resides up north 2 months m summer) A check for code violations and/or municipal hens has been conducted. None were found. Based on the rotaUon system, the appointment will be made by Comrmss~oner Archer (Seat/~2). Recommend appointment of a regular member to the Education Board to fill an unexpired term ending July 31, 2001. RefiAgmemo3.Appt. to Educatton Board.Regular Member ,:,. o. ,,...,. BOARD MEMBER APPLICATION 1993 Please type or print the following information: Middle Initial ~ S_~t~ Zip Code 3. Leg~ Residence Ci~ State Zip CMe 4. ~ci~ B~ess Ad.ess: Ci~ state Zip Code 5. Home Phone: (~/) ~ q q _ ~/~ ~ B~ess Phone: ( ) 6.' What B0~(s) ~e you ~nterested in se~ing? 7. List all CiW Bo~ds"on which you ~e cunently se~ing ~r have previously se~M: ~le~e include dates) 8. ~ucati°nal qualifications: 9. List any related professional certifications ~d licenses which you hold: 10~ Give your pres,hr, or most ~cent employer, ~d ~sition: 1 I. ~scribe cx~riences, skills or ~owl~ge which quali~ you to seine on ~is ~d: (PI~ amch a brief resume) I hereby ceRi~ that afl the above ~tatements are t~e, and Z ag~ and ~nde~tand that any misstatement of mateda~ fact~ contained in this appfi~tion may ~u~e fo~eiture upon my of any appointment I may ~ceive. RECEIVED i]a~Am~ ~ FEB 1 0 2000 ._Note: ".1 This application will remain on file 37 12rSr'k'"s'Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~cTrYcLEIlJ~!I~OAR.DL4J~LICA'I'iON MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM C)/Y7 - REGULAR MEETING OF MARCH 7, 2000 APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS DATE: FEBRUARY 29, 2000 At the January 18t~ City Commission meeting, Jay Hasner was appointed to the Code Enforcement Board. This acnon created a vacancy on the Board of Construction Appeals (General Contractor position) to fill Mr. Hasner's unexpired term ending August 31, 2000. To qualify for appointment, a person shall have actual previous experience in theft respective trade or profession deemed sufficient by the Comrmssion. Residency is not reqmred. The appointee does not need to own or operate a business in Dekay Beach. The following mchviduals have submitted apphcations for consideration: Fred Griffin James A. Gfiffis John D. Gwynn Dave G. Mayer Pursuant to Commission direction, a check for code violations and/or mumcipal hens was conducted. None were found, with the excepnon of Mr. Gwynn (see attached). Based on the rotation system, the appointment will be made by Commissioner Schwartz (Seat #3). Recommend appointment of a regular member (General Contractor position) to the Board of Construction Appeals to fill an unexpired term ending August 31, 2000. RefiAgrnemo4 Appt. to Board of Construction Appeals DELRAY BEACH ~'~ '~'-~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 993 Please type or print the following information: 1. LastName:: ~/~( F' ~( S Name ,,J.,q,~S M~l~Iaitial ~. Home Address: ' Zip Code 3. Legal Residence City State Zip Code 4. Principal BusineAs Address: City State Zip Code '5. Home Phone:~C' [. ~'7 4. O O c~ Business Phone: [ Fax: 6. What Board(s) are you interested in serving? 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) 8. £ducational qual~_~at~ns: ~,o,c e'..3 ~-,~ ~--c-=z-, ,u cr 9. List any related professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: ~)~,~a z ~-~ ~'- ~ ~'c, ,-c~--~.~ Ct,z ~-,~c. ~ o B r-o ~ ,)c"~o-" 1 I. Describe exl~6ences, skills or knowledge which quali~ you to serve on this board: (please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. R E C EIVE D SyATURE DATE ITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~ClTYCLERK~BOARD~umPLICATION JAMES A. GRIFFIS APT. 9-G EDUCATION: Bachelor of Science (Civil Engineering) 1986- 1991 Semi-retired. Owner's representative for the development, leasing and management of two office buildings in Boca Raton. 1981 -1986 President and Chief Executive Officer of a real estate company in Houston, Texas. This company developed, leased and managed real estate in downtown Houston. The properties were owned by the company and consisted of over three million square feet of office space, a 250-room hotel and various tracts of property in Texas. 1971-1981 Vice President of Turner Construction Company and President of Turner Development Corporation, a wholly owned subsidiary. Turner Development Corporation developed, leased, and/or sold office buildings and condominiums throughout the United States. We took the projects from site selection, the selection of architects, financing and construction. In the case of condominiums, we set up the home owners association and ran that association until the property was turned over to the owners. 1971-1981 Vice President and Director of Arthur Rubloff & Company in Chicago. This company was a full line real estate company that developed property but also had an extensive brokerage and management operation that managed many office buildings and thousands of apartments. I have personally developed condominiums in the Chicago area and have lived in a condominium since 1978. We bought Unit 9-G in The Barrton in 1972. Member Board of Directors of The Barrton 1987 - 1990 Treasurer 1988 President 1989 - 1990 £1T¥ OF DELRrI,,F BER£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH 1993 DATE: March 2, 2000 Writer's Direct Line: 561/243-7091 TO: FROM: SUBJECT: City Commission ~ Susan A. Ruby, City Atto Younginger v. City of Delra¥ Beach, et'al. Mr. Younginger filed suit in Federal Court alleging violations of 42 U.S.C. 1983 stemming from an arrest that occurred on August 20, 1994. The Plaintiff alleges he suffered a back injury as a result of the arrest. Mr. Younginger had back surgery. Further Mr. Younginger alleges lost wages, lost earning capacity and future medical damages as well. At mediation the parties agreed to settle the case for $120,000 subject to City Commission approval. This settlement amount is well below the damages estimated by Plaintiff's experts. Our office and outside counsel, Jim Barry and Fred Gelston, recommend settlement of the case subject to securing appropriate releases. By copy of this memorandum to David Harden, City Manager, our office requests this settlement be placed on the March 7, 2000 City Commission agenda for approval. SAR:jw CC: David Harden, City Manager Alison Harry, City Clerk Jim Barry, Esq. Fred Gelston, Esq. Gene Montfort, Gallagher Bassett Services Chief Richard Overman, Delray Beach Police Department MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM lO./~ - REGULAR MEETING OF MARCH 7, 2000 ORDINANCE NO. 5-00 {CATERING SERVICES IN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) MARCH 3, 2000 This is second reading and a public heating for Ordinance No. 5-00 which amends LDR Section 4.4.24, "Old School Square Historic Arts District", by adding 'catering services' as a permitted use within the district, subject to floor area limitations and restrictions on vehicle storage. "X/mi Catering, Inc." wishes to locate at 130 S.E. 1't Avenue, which is zoned OSSHAD, via conversion of the existing nonconforming duplex to a catering business. At its meeting of December 13, 1999, the Planning and Zoning Board heard the request for a determination of similarity of use to allow the catering service in the OSSHAD district. The request was to deten'nine that a catering service was sm'filar to restaurants which are permitted in OSSHAD. The Board had concerns which related to the large size of some catering operauons as well as truck traffic and vehicle storage. Based upon these concerns the Board determined that the use should be specifically listed as a conditional use in the OSSHAD. The request is to allow catering senrice as a permitted use rather than a conditional use. However, staff is recommending floor area hmitafions and restrictions on vehicle storage. These restrictions would eliminate the need to have the use listed as a conditional use. Additional background and an analysis of the request are provided in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing on the proposed text amendment on January 24, 2000. There was no public testimony. After discussing the amendment, the Board voted unanimously to recommend approval to the City Commission. At first reading and the first public hearing on February 15m, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 5-00 on second and final reading. Ref.'Agmemo21.Ord5-00.LDR Amendment. Catering Services OSSHAD ORDINANCE NO. 5-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGUI..~TIONS", SECTION 4.4.24, "OII) SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEVF. I.OPMENT REGULATIONS OF THE CITY OF DF.I.RAY BEACH, BY AMENDING SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES", BY ADDING 'CATERING SERVICES' AS A PERMITTED USE; AMENDING SUBSECTION 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", TO PROVIDE FOR FLOOR AREA LIMITATIONS AND RESTRICTIONS ON VEHICLE STORAGE IN CONJUNCTION WITH CATERING SERVICES; 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 public heuring held on January 24, 2000, and voted unanimously to recommend that it be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the text amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), ''Principal Uses and Structures", of the Land Development Regulations of the C~ty of Delray Beach is hereby amended to read as follows: 03) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Residential uses of single family detached dwellings and duplexes. (2) Business, Professional and Governmental Offices. (3) Retail sales through specialty shops (single purpose businesses) such as bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicydes shops. Arts rehted businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collecfibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (5) Educational and/or instructional activities, including training, vocational or craft schools, the arts, personal development, and libraries, museums, and social and philanthxopic institutions. (6) Restaurants of a sit-down nature such as a cafe, snack shop, full service dining, but excluding any drive-in and/or drive-through facilities or features. (7) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (8) Bed and Breakfast Inns. (9) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). {9) (10) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business District regulations shall also be allowed m the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1-4, Block 61 (c) Lots 1-7 and 19-24, Block 69 (d) Lots 7-8, Block 75 (e) Lots 1-6, Block 76 Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(H), "Special District Regulations", of the Land Development Regulations of the City of Delray Beach is hereby amended to read as follows: (H) Special District Rega_,lations: (1) Residential units within a structure containing pemaitted non-residential use(s) shall not use more than 50% of the gross floor area of the structure within which they are located. - 2 - Ord. No. 5-00 Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownership. The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel ~s non-res~dentml. Residential-type inns shall create a transitional or buffer area between residential uses and non-residential uses (such as office, commercial, etc.) which are either on or near the subject property. (4) A residential-type inn shall be associated with an historic structure and must be residential in design, scale and character. (5) Catering Services cannot exceed 2,000 sq.ft, of total floor area and shall not have overnight storage of more than two vehicles, wluch shall got exceedl-1/2 ton capacity.. .Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective mediately upon its passage on second and final reading. the7th PASSED AND ADOPTED in regular session on second and final reading on this __ day of March ~ 2000. ATTEST: - City Cler/r ff ' First Reading February 15, 2000 Second Reading March 7, 2 000 - 3 - Ord. No. 5-00 MEETING DATE: JANUARY 24, 2000 AGENDA ITEM: IV.I. - AMENDMENT TO LDR SECTION 4.4.24(B) TO ALLOW CATERING SERVICE AS A PERMITTED USE IN THE OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR .amendment to Section 4.4.24(B) Old School Square Historic Arts district (OSSHAD) zoning district, Principal Uses and Structures Allowed, to add "catering service" as a permitted use, and Section 4.4.24(H)(Special District Re.qulations) regarding catering services, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. "Yum! Catering, Inc." wishes to locate at 130 SE 1st Avenue via conversion of the existing nonconforming duplex to a catedng business. In the future they wish to include a full service restaurant with indoor and outdoor seating. The property is located in the OSSHAD (Old School Square Historic Arts District), however a catering business/service, is not specifically listed as an allowable use in the OSSHAD zone district. As the use is not specifically listed, the applicant requested a determination of similarity of use pursuant to LDR Section 4.3.2(C). At its meeting of December 13, 1999, the Planning and Zoning Board heard the request for a determination of similarity of use to allow the catering service in the OSSHAD zoning district. The request was to determine that a catering service was similar to restaurants, which are permitted in the OSSHAD zone district. The Board had concerns, which related to the large size of some catering operations as well as truck traffic and vehicle storage. Based upon these concerns the Board determined that the use should be specifically listed as a conditional use in the OSSHAD. The request is to allow catering service as a permitted use rather than a conditional use. However, staff is recommending floor area limitations and restrictions on vehicle storage. These restrictions would eliminate the need to have the use listed as a conditional use. Planning and Zoning Board Staff Report LDR Amendment to Allow Catering Service in the OSSHAD Zoning Distdct Page 2 LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Caterers are specifically listed as a permitted use in the GC (General Commercial), PC (Planned Commercial), CBD (Central Business District), CBD-RC (Central Business District-Railroad Corridor) zoning districts. In the LI (Light Industrial) zoning district, "food preParation and/or processing including bakeries and catering operations" are allowed as a conditional use. Occupational licenses have been issued to allow catering as a home occupation/business office only, with no on-site food preparation. A comparison of regulations of other municipalities was conducted as follows: Boca Raton: · Catering businesses are allowed in any district and are considered similar to bakeries. · Home operation is acceptable assuming that no customers come to the home and any catering van is hidden from view (garage). · A Residential Office situation allows catering businesses as offices, however, no food preparation is allowed. Boynton Beach: · There are no size restrictions to catering businesses. · Catering is not allowed as an "out of home" business. · Vendors or catering trailers are not allowed in the City. West Palm Beach: · Allowed by fight in Airport Commercial, Neighborhood Commercial, General Commercial, and Industrial Zoning Districts. · Catering is not allowed as an "out of home" business. · Vendors are considered as Mobile Vending and are permissible as long as they have the permission of the owner of the property where they are operating. Many catering operations are similar to restaurant uses with respect to the commercial kitchen, and are often an accessory use to a restaurant_ However, the concerns regarding a catering operation in the OSSHAD relates to the potential for vehicle storage associated with the use and the size of the operation. There have also been concerns raised regarding vendor vehicles. in order to alleviate concerns regarding the intensity of the use it is recommended that the size of the operation be limited to a maximum of 2,000 sq.ff. This figure was derived based upon the floor areas of the existing structures in the district, which typically range Planning and Zoning Board Staff Report LDR Amendment to Allow Catering Service in the OSSHAD Zoning District Page 3 in size between 1,000 and 2,000 sq.ft. This would allow adaptive re-use of an existing structure in the histodc district. Any operation larger than 2,000 sq.ft, should be located in a more intense commercial or light industrial district. Restrictions on a truck or commercial vehicle parking are primarily limited to the residential zoning districts. Truck parking is limited to % ton rated capacity in most of the residential zoning districts, except in the R-1-A where a truck cannot exceed a 1% ton rated capacity. Also, there is a limitation of two trucks per lot. Storage of vehicles and equipment was the primary reason why contractor's offices are not listed as a permitted use in the OSSHAD district. However, contractor's business/administrative offices, excluding storage are allowed. Given the nature of the catering business it may be appropriate to state that there be no overnight storage of vehicles. - -- COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. Historic Preservation Board At its meeting of January 19, 2000, the HPB reviewed and recommended approval (5-2) of the text amendment. The Board members who voted against the amendment felt that the maximum floor area should be 2,500 sq.ft, to accommodate storage. Community Redevelopment Agency At its meeting of January 13, 2000, the CRA reviewed and recommended approval of the text amendment. Downtown Development Authority At its meeting of January 19, 2000, the DDA reviewed and recommended approval of the text amendment. Courtesy Notices: A special courtesy notice was provided to the Old School Square Historic district homeowner's association. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report LDR Amendment to Allow Catering Service in the OSSHAD Zoning District Page 4 By motion, recommend to the City Commission that LDR Section 4.4.24(B) (Principal Uses and Structures Allowed) be amended to include ~caterfng service" as a permitted use; and, Section 4.4.24(H)(Special District Regulations) regarding catering services, a based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Attachment: · Proposed Amendment s:\planning & zoning~boards~p&z board~ldrcateringosshad.doc (B) ._Principal Uses and Structures Permitted: The following types of uses are allowed within the OSSHAD as a permitted use: (9) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). /(9.) (10) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16~-Block 60 (b) Lots 1-4, Block 61 (c) Lots 1-7 and 19-24, Block 69 (d) Lots 7-8, Block 75 (e) Lots 1-6, Block 76 (H) Special District Re~lulations: .(5.) Catering Services cannot exceed 2,000 sq.ft, of total floor area and shall not have overnight storage of more than two vehicles, which shall not exceed 1% ton capacity. TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER DIANE DOMINGUEZ, P & Z DIRECTOR/~ / [~/~..~~~ CITY COMMISSION MEETING OF MARCH 7, 2000 AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDRs) GENERAL COMMERCIAL (GC) ZONING DISTRICT TO ALLOW RESIDENTIAL DEVELOPMENT UP TO 12 UNITS PER ACRE AS A PERMITTED USE AND UP TO 30 UNITS PER ACRE IN THE WEST ATLANTIC OVERLAY DISTRICT SUBJECT TO PERFORMANCE STANDARDS AND CONDITIONAL USE APPROVAL. Pursuant to Amendment 99-1, the following Policy was added to the Comprehensive Plan: 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. The proposed LDR text amendments are necessary to implement this Comprehensive Plan Policy. For additional background and analysis see the attached P & Z Board staff report. BYOTHERS~AND PLANNING At its meeting of February 16, 2000, the proposed amendments were reviewed and recommended for approval by the West Atlantic Redevelopment Coalition (WARC). At its meeting of February 24, 2000, the Community Redevelopment Agency reviewed and recommended approval of proposed amendments. At its meeting of February 28, 2000, the Planning and Zoning Board held a public heating in conjunction with review of the request. No one from the public spoke on the matter. The Board voted 5-0 (Eliopoulos and Morris absent) to recommend approval of the proposed amendments, based upon a positive finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve the attached ordinance amending 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, based upon the findings and recommendation of the Planning & Zoning Board. Attachments: /~~0/ · Ordinance ~ ~ ~/~7. · P & Z Staff Report and Documentation of February 28, 2000 s:~planning & zoning\boards\city commission\text amendment for west atlantic density.doc /o.&. 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 A;.I.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 public heating held on February 28, 2000, and voted unanimously to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Boaxd, 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 DELRAY BEACH, FLORIDA, AS FO; .;.OWS: Section 1. That Chapte~ Four, "Zoning Regulations", Section 4.4.9, "General Commercial (GC) District", of the Land Development Regulations of the City of Deb:ay 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 portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances 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. 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 - 2 - Ord. No. 6-00 EXHIBIT "A" TO ORDINANCE NO. 6-00 Section 4.4.9 General Commercial (GC) District: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (5) Dwelling units in the same structure as commercial uses provided that: ,me~.e-.tha4~-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 ~,~,o+ ^,~,~+;~. ~ ....... ~,.~,;+~,,.+ .... I D~,,; .... r',~,,,-~;~+~ ,~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 5th 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 (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 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 design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. (2) 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 amhitectural 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 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 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 secudty 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) (8) 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~h 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. 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 Overlay 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 Overlay 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 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ¢~aCITY MANAGER SUBJECT: AGENDA ITEM tO. ~ - REGULAR MEETING OF MARCH 7, 2000 DATE: TRANSFER OF CITY-OWNED PROPERTY (NELSON) MARCH 3, 2000 This is before the City Commission to conduct a public hearing and consider approval of a qmt claim deed which would transfer City-owned property to an ehgible apphcant under the Delray Beach Renaissance Program. The apphcant was relocated as a result of the City's Tennis Center expansion. The property is being used m conlunction w~th down payment assistance under the homeownership program gmdelmes. The property is located on S.W. 6m Avenue and is legally described as Lot 2, North Half of Block 22, Town of Dekay. This property transfer is m accordance with the State Housing Imtiafives Parmership (SHIP) program. Recommend approval of the quit claim deed transferring the subject property to an eligable applicant. RefiAgrnemol 1 Transfer of Cxty-Owned Property Qmt Clatm.Nelson Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this ~ day of , 2000 by CITY OF DELRAY BEACH, and having its principal place of business at 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, First Party, to: MAGGIE E. NELSON, Second Party: (Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to- wit: Lot 2, North Half of Block 22, Town of Linton (now known as Delray Beach), according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 36. TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS # 1: PARTY OF THE FIRST PART CITY OF DELRAY BEACH, FLORIDA By: (name printed or typed) Mayor WITNESS #2: ATTEST: (name printed or typed) By: City Clerk Approved as to Form: By: City Attorney STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200___, by ., as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 2 4 20 I_/ItV ;~ 4 zz~ L ~ ~ ZO-~ 4~ Tuesday, February 29, 2000 OF OELRAY BEACH, FLORIDA, :NOTICE IS HEREBY GIVEN ~ 'me dlMmdfm:l R to lae iff Ifle best k~ef~s~ ,~LoI 2 ~'ltll Idoflh Half (N 1~21 d Block ~22, Town of Umon (now Oelmy), as the Iraflllef ~ In I~oflla~ce vdth Itle the hemeowllershtp p~gram guk~- Ma~h ?', ~QeO at 6 O0 p m (or al any lit by me Comras~n), m lhe C, em- nd~a~n ¢hambe~ a~ C~ I.~1, 100 Pulall~ r~ 22 1 2o, aooo Tuesday, F~eb~ruary 22, 2000 1 [ITY OF DELR;IY BER[H CiTY ATTORNEY'S OFFICE DELRAY BEACH Ail.America City l 993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/2a3-7090 · FACSIMILE 561/278-4755 Writer's Direct Line. 561/243-7091 MEMORANDUM February 29, 2000 Candice H. White, Adrtliaiza~ive Assistant Brian Shutt, ~s~istant City Attorney SUBJECT: Transfer of City Owned Property to Maggie Nelson Pursuant to your memo of February 8, 2000, please find a quit claim deed attached. Please call if you have any further questions. £rr¥ OF DEUIFi¥ B~ - Community Development Division MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: Brian Shutt, Assistant City Attorney Candice H. White, Administrative Assis Kenneth L. Thomas, Community Development Coordinator February 8, 2000 Transfer of City Owned Property This memorandum is regarding the transfer of City-owned property to an eligible applicant under the Renaissance Program. This applicant was relocated as a result of the City's Tennis Center expansion. During our phone conversations, you requested specific information in order to prepare the Quit-Claim Deed. This information is as follows: Applicant's Name: Maggie E. Nelson Property Address: xxx SW 6th Avenue (PD# 12-4346-16-01-022-0020) Legal Description: Lot 2, North Half (N ½) of Block 22, Town of Linton (Now Dell'ay), Plat Book 10, Page 36 Uniform Residential Appraisal Report: (See attached) I anticipate placing this item on the Regular Agenda at the March 21 ~ City Commission Meeting and would appreciated receiving the Quit-Claim Deed for the Mayor's signature by March 14'~ if at all possible. Barbara Garito said that the City Clerk's Office would prepare the Resolution. Thank you for your input and assistance in this matter. If you have any questions or need further information, please contact me directly at extension #7280. JCt4-lB-A~g80 1-': ~ P. ~~-~S.W~6~-A~NU. ~ ~E~Y BEACH 'S~ FL ~ 3~.44 ~ 'LT ~OF N.I~ OF B~ ~ T~ OF U~O~ ~NOW D~FP~ 10;~ 3B- ~, PALM B~CH ~ ~ee ~ TOWN OF DE~Y ~= ~ 4~16 ~ Tr~ REPUBLIC SECURI~ ~ANK ~¢~ 4~ AU~N AV~E, ~ST PA~ B~CH, FL ~ S7~ CpR~ WAY ¢120. ~ST PALM B~CH FL ~ ~mlnm~ ' ~S~gb~mgy ~ugl~ ~ ~ u~% ~nd uae ~ ~ J ]~ J 7~5 ] ~ JVA~) 15%J boun~g~ sad ~uaM~b~=' THE SU~ECT N~IBHBORHO0~ I~ LOCAT~ WE~ OF OLD DIXIE HIGHWAY, NORTH ~F AV[NUE~ ~ST OF INT~RSTA~ 95 AND SO~H OF ~[E IDA ROAD. Fa:mrs ina: efie~ :he ma.-kef.~bll~ of the prup~'t~ In the nll~hlxm'~md (prma~ty ~ emp,...~ymel~, end amanttJ~, employment stability, a..~pea', to market, otc.), See Atta-~e5 A~d~ndum. PRO=ER~ VALUES AE GENERALLY ~ AN~ LOCAL MARK~ CON3ITIDN$ CONST~E A NORMAL SUPPLY AND DEMAND ~E~ON~HIP W~TH ~PI~L ~RK~ING PERIOD UNDER S~ MONTHS, MARK~ FINANCING IS DOMINATED GOVERNMENT BACKED AND CONVENTIONAL MORTGAGES WITH A~ OCCASIONAL A.$$UM= ,"ION AND OR PURCHASE MONEY MORTGAGE INS'i~TLrTIONAL FINANCIN3 IS READILY AVAI~A~_-- AT ?AVORA~ RATES AUg SE~ERS N=-ED NOT NEGOTIATE A SALE ON FINANCING REL.AT.=D Proj.~ Information for PLID~ (17 ~pr~)-- Ts=~,.-m: LEVEL ABOVE GRADE S=e TYP.FOR AREA Shem RECTANGULAR AVEP~G~RESI~E~TIAL ; ADVERSE ~,qEETS. ENCROACHMENTS OR S~CIAL ~SE~SMEkTS '~RE Oe~lOgS FR~M VISUAL INSPECTION. :SURVEY W~S P~OVIDSD 1 I NONE NONE NONE NONE NO'~'~D NONE NOTED NONEN~TED I 3 ] 2 I 2 CAR i1'l~1 &~i'IMATED .~ri'E ~NJ.E ....................... CDV.~Y, COV PORCH = 3,~, ~ ~.W. BTH AVENUE 806 S.W. ~ AVENUE ~ DEl ~Y ,'..; )~H :~.~ tS 0.~ ~ ~ ~ P~NS & SPEC ~v~ ~ ~INSPECTIQN UNIFO" -~$1DENTIAL APPRAISAL REt '~T~'""~,r,,..= csoo~m 12.000 Com~l,l!t ¢,n Co!! A,o'~ol ~.n et, I'~urce of c~t' ettlm,l~. s~ 6~69HED ADDENDUM g2.00D 18O/LNDR~ILF. JP.RECORD [CONVENTION MORTGAGE 13m~ ~ smmrnm ll!gg~ .-:'--(:'.~ 11/99 CLOSED L~.~r,.~, SUBURBAN ~ ~~ FEE SIMPLE I FEE ~IMPLE ; ~ NEW~FF NEW I N~FF NEW1 ~ N~W~.~ODD ~NEWN. GOOD ~ '" , ' tt=:~ ~l~w 13z,~i ~& F~b~ t NO BASEMENT I NO BASEMENT i ICENTR~ J CE~ ', · ~ ~ ~P,FOR AR~ ~. P~, ~. COV.PORCH OPEN PATIO COV.E~Y ' NONE 8,8~0~tD 6~000 10~,I09 1 ';2 CENI--rLAL AVENUE DELRAY BE, AGH 8/lO MILE SOUTH=EAST t 9V ' 90NTRIBUTORY VALUE. I ISC/LND PJFILE/'P.RECORD COM:'AR,~ N. J 7DO S W. 6TH A"~NUE J DELRAY BEACH 2/'10 MILE SOUTH 55.3D ET.DOD ISC/MLS/P,RECORDS CONVENTION 11/~ CLOSED )SW, wSUBUR. tFH~-sCRIr'TION MORTGAGE 3fog CLOSED -3,0001SUB~RBAN I CBS/COMP SIMPLE ~ AVG/P. ESIDENT IRANCH J AVERAGE.,,' JTYP.FOR AREA i OPEN PATIO COV. ENTRY SOME UPGRDS I gdo CBS,/COMP.SH S YRSEF 3 \ GOOD / NO BASEMENT CENTRAL 6,0OD 2.093 TYP.FOR AREA 3,~ NONE 2,000 OPEN PAT~ COV. ENTRY NONE iSOME UPGRDS 1DE.1D01~','H-.,.-.~.~ ,. $ 104,5D0~ .S~e AJta:p~d Adctendurrj ] ~. ~ m~ ~ ~ N0 PRIOR j NO PRIO~ SALE J NO PRIOR SALE NO PRIOR SALE ~ ~~ J ~ALE ~HIN [ ~THIN PRE~OUS J W;THIN P~OUS ~HIN PRE~OU~ J~~ IPREV,,~ M~S IM~HSWA~,NOT~D IMD~S WA$ NOTED ~MONTH~ W~S ND~D N; PRIQE ~E OF THE SUBJECT =ROPERS' WITHIN THE PA~T 12 MON~ WAS NQ~D, ~E ~U~CT S~ : CURRENTLY UNDER ~k~CT FOR SALE FOR $g.5~, C~STRUCTIDN COST 91.B10 TOTAL OF ~1017110. ~~. 8~ A~ACH~D ADDEND~. THE CLOSED B&LE8 CONSIDERED IN TIlE M~,RKET APPROACH TI::) VALUE ARE CONSIDERED THE BEST INDI:,ATORS OF VALUE. THE COST APPROACH IS CONSIDERED SUPPORTIVE, THE INCOME APPROACH IS CONSIDERE~ NOT A~PLICABLE AS THE~DOMINANTLY OWNER OCCUPIED RESIDENCES. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM/c~./q - REGULAR MEETING OF MARCH 7, 2000 ORDINANCE NO. 7-00 DATE: MARCH 3, 2000 I support the notice requirement, but I oppose giving the Historic Preservation Board waiver power. In my opinion, decisions to allow increased density and construction on substandard lots should be made by the City Commission. Ref:Agmemol .Ord.7-00.Clty Manager Comments FAILED ON FIRST READING - MARCH 7, 2000 ORDINANCE NO. 7-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DIELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SECTION 4.3.1, "APPLICATION OF DISTRICT REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE WITH ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ESTABLISH NOTIFICATION PROCEDURES FOR GRANTING RELIEF FROM MINIMUM LOT DIMENSION REQUIREMENTS AND PROVIDING THAT THE HISTORIC PRESERVATION BOARD MAY GRANT WAIVERS TO THE REQUIREMENT TO ALLOW THE DEVELOPMENT OF A NONCONFORMING LOT OF RECORD WHICH IS UNDER THE SAME OWNERSHIP AS THE ADJACENT LOT BASED UPON THE FINDINGS AND RECOMMENDATION OF THE PLANNING AND ZONING BOARD; 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 public heating held on February 28, 2000, and voted 5 to 1 to recommend that the changes be approved; and WHEREAS, 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 DF.I.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.1.4, "Use of Lots of Record", Section 4.3.1, "Application of District Regulations", and Section 5.1.6, "Compliance with Zoning Regulations", of the Land Development Regulations of the City of Delray Beach, be and the same are 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 portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. FAILED ON FIRST READING - MARCH 7, 2000 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same axe hereby repealecL Section 4. 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 Oe=k First Reading Second Reading FAILED ON FIRST READING - MARCH 7, 2000 - 2 - Ord. No. 7-00 EXHIBIT =A" TO ORDINANCE NO. 7-00 PROPOSED ORDINANCE Section 4. t.4 Use of Lots of Record: (C) I,", "'";'~""*""' -'"";"" .~;o,.i,.,o ..,~,~. ,~..,. R I ^ Except for single family residences subject to the R-I-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership.~. ~* *~'~'.,,.. *""'".,,,,.. ... ''~ ,...~....~.. ......... .., =me,-,dme,-,t cf this crdi,-,=ncc as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the ~ffecti';~ d=t~ cf this crdin=,",c~ October 18, 1994. Notwithstanding the above, a waiver to this requirement may be granted pursuant to the provisions of LDR Section 2.4.7(B) by the Historic Preservation Board for properties located within designated historic districts, or designated as historic sites, or properties listed on the Local Reqister of Historic Places. The City shall provide notice by mail of such action before the Historic Preservation Board. Notice shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the waiver is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the Historic Preservation Board. Section 4.3.1 Application of District Regulations: (D) No yard or lot existing at the time of the passage of this chapter shall be reduced in area or dimension below the minimum requirements set forth herein. Lots or yards created after October 1, 1990, shall meet the minimum requirements established by this chapter unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity, Notwithstanding the above, the City shall provide notice by mail of any such action before the City Commission. Notice shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the action is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the City Commission. Section 5.1.6 Compliance with Zonin_~ Regulations: (A) General: All subdivisions shall conform with, at least, the minimum zoning regulations applicable to the property being subdivided i.e. a nonconforming situation cannot be created through the act of subdivision unless a variance to such effect is approved by the Board of Adjustment, or relief .qranted by the City Commission pursuant to Section 4.3.1(D) prior to action on a l~relm:~e:y-subdivision plat Hcwcv~-, "'""'~;*;, .... ...,~ ........ ~ '"'~';"~' ..... ;'" TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.1.4(C), 4.3.1(D) AND 5.1.6(A) ESTABLISHING NOTIFICATION REQUIREMENTS FOR GRANTING RELIEF TO CERTAIN MINIMUM LOT DIMENSIONS Relief from the minimum lot dimension requirements may be granted by the Board of Adjustment or the City Commission. While the City Commission may create substandard lots if it ~s determined to be necessary and appropriate to create such nonconformity, unlike a variance the City Commission's action does not require the provision of public notices to the surrounding property owners. Notice requirements are established for variances in that the action of a variance relates to a development standard which has the potential to impact adjacent property owners. Thus, similarly to a variance, relief from the minimum lot dimension provisions by the City Commission should be subject to the same notification requirements. The proposed amendment requires that the City provide mailed notices ten calendar (10) days prior to a meeting, to all property owners within five hundred feet of the perimeter of the property for which relief is being sought. The amendment also allows the Historic Preservation Board to grant waivers (for historic properties) to allow the development of a nonconforming lot of record which is under the same ownership as the adjacent lot. Such waivers will also be required to be noticed. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD coNsIDERATIoN. The Planning and Zoning Board held a public hearing regarding this item at its meeting of February 28, 2000. There was no public testimony regarding the request. The Board voted 5-1 (Morris absent, McCarty dissenting) to recommend approval of the proposed amendments, based upon a positive finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading a text amendment to LDR Sections 4.1.4(C), 4.3.1(D) and 5.1.6(A) to establish notification procedures for granting relief from the minimum lot dimension requirements and providing that the Historic Preservation Board may grant waivers to the requirement to allow the development of a nonconforming lot of record which is under the same ownership as the adjacent lot based upon the findings and recommendation of the Planning & Zoning Board Attachments: P&Z Staff Report and Documentation of February 28, 2000 Ordinance by Others ~,,,~ ~ P_EANNINi~A~ND~ZONING~~{I MEETING DATE: FEBRUARY 28,'2000 AGENDA ITEM: IV.G - AMENDMENT TO LDR SECTION 4.1.4(C); SECTION 4.3.t(D) AND SECTION 5.1.6 (A) ESTABLISHING NOTIFICATION REQUIREMENTS FOR GRANTING RELIEF TO THE MINIMUM LOT DIMENSION REQUIREMENTS The item before the Board is that of making a recommendation to the City Commission regarding an amendment to LDR Section 4.1.4 (C) Use of Lots of Record, Section 4.3.1(D)Application of District Regulations; and, Section 5.1.6 (A) Compliance with Zoning. Regulations, establishing notification requirements for granting relief to the minimum lot dimension requirements pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Historically, relief to the minimum lot requirements has always necessitated a variance through the Board of Adjustment. With the adoption of the revised LDRs in 1990, procedures for obtaining relief from this and other code provisions were established. Relief such as waivers, internal adjustments and special Board actions were allowed by the Board taking action on the development application. However, relief from the minimum lot dimension requirements could only be granted by the Board of Adjustment or the City Commission. In contrast to a variance, the City Commission may grant relief to the minimum lot requirements without any formal notification procedures. In October 1999, a request was received to subdivide the property located at 704 N. Swinton Avenue in order to create two lots and construct a single family home. The property was located within the R-l-AA (Single Family Residential) zoning district and the proposed subdivision of the property did not conform to the minimum size and width requirements. However, there was historical significance to an existing single family residence on the lot which was constructed in 1924, by the City's first registered architect, Samuel Ogren Sr. The applicant was willing to have the house placed on the Local Register of Historic Places in exchange for being able to construct a second home on the newly created substandard lot. The request was considered by the City Commission and was not processed as a variance, since the City Commission may create substandard Planning and Zoning Board Staff Report Establishing Notification Requirements for Granting Relief to the Minimum Lot Dimension Requirements - LDR Text Amendment Page 2 lots if it is determined to be necessary and appropriate to create such nonconformity. Residents of the area learned of the action a few days before the meeting and organized to object to the subdivision, which was ultimately denied. During the City Commission hearing it was suggested that the Commission's action was paramount to the granting of a variance with no formal notice provision made to the surrounding property owners. Notice requirements are established for variances in that the action of a variance relates to a development standard which has the potential to impact adjacent property owners. As such, relief from a code requirement which would otherwise necessitate a variance should be noticed similarly. The minimum lot dimension requirements are established in Section 4.3.4(K) Development Standards Matrix. Section 2.2.4(D)(3)(a), states that the Board of Adjustment (this also applies to the Historic Preservation Board acting in-lieu of the Board of Adjustment for historic properties) may grant relief from the General Development Standards set forth in Section 4.3. Variances from either the Board of Adjustment or the Historic Preservation Board pursuant to Section 2.4.2(B)(1)(f) and (g), require that a notice mailed no later than ten (10) days prior to the public hearing be provided to the owners of all property located within five hundred feet (500') of the property on which the variance is being sought. In addition to Section 4.3.4(K) Development Standards Matrix which establishes the minimum lot dimension requirements the following provisions regarding lot requirement standards are also set'forth: Section 4.4.4 (C) Use of Lots of Record: In residential zoning districts other than R-l-A, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record are under the same ownership at the time of passage or amendment of this ordinance, and if the total frontage and the total area is equal to or greater than that which is required by the zoning distdct regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of this ordinance. Section 4.3.1(D), Application of District Regulations: No yard or lot existing at the time of the passage of this chapter, shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after the Planning and Zoning Board Staff Report Establishing Notification Requirements for Granting Relief to the Minimum Lot Dimension Requirements - LDR Text Amendment Page 3 effective date of this chapter shall meet the minimum requirements established by this chapter unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. Section 5.1.6 Compliance with Zonin~l Regulations: (A) General: All subdivisions shall conform with, at least the minimum zoning regulations applicable to the property being subdivided i.e. a nonconforming situation cannot be created through the act of subdivision unless a variance to such effect is approved by the Board of Adjustment prior to action on a preliminary subdivision plat. However, conditions of approval which require mitigation of such a situation may be affixed to the approval of final plat in lieu of pursuing a variance. It is through these provisions that relief (other than that of a variance) may be obtained by the City Commission. The City Commission has granted relief under the three code provisions cited above either through the creation of the subdivision with specific conditions which mitigates the impacts pursuant to Section 5.1.6(A) or by specifically determining that the creation of nonconforming lot is necessary and appropriate as required by Section 4.3.1(D). Additionally, requests for relief have been approved by the City Commission to allow the development of lots of record which are substandard where there were two or more adjoining lots which were and under the same ownership. These requests were processed as waivers pursuant to Section 2.4.7(B)(1)(b) Special Power to the City Commission which states "Notwithstanding, the City Commission.may grant a waiver to any provision of these regulations when there is no other avenue for relief available in these regulations. However, waivers shall not be considered with respect to: (i) (ii) Matters which pertain to the use of land or structures; A requirement for a public hearing or providing notice that an item will be considered by a development board; A regulation for which it is stated that there shall be no waiver and/or variance provided. In each case no formal notification procedure was required. While "Special Courtesy" notices are provided to the neighborhood association representatives, these notices are required once an item is set on an agenda which does not always allow sufficient time to notice individual residents. Relief from the code requirements other than those contained in the General Development Standards may be obtained by processing waivers, internal adjustments and special actions. Such actions should not require specific Planning and Zoning Board Staff Report Establishing Notification Requirements for Granting Relief to the Minimum Lot Dimension Requirements - LDR Text Amendment Page 4 notification as those code provisions primar, ily pertain to functions internal to the site. On the other hand, relief to a development standard listed in Section 4.3.4(K) such as setbacks, lots size and dimensions and open space lends itself to impacting adjacent properties and thus the variance mechanism is established whereby the adjacent property owners are made aware of such actions. Likewise, the provisions for granting relief by the City Commission for lot dimensions requirements should carry the same notification requirements. The proposed amendment would therefore require that the City provide mailed notices to property owners within five hundred feet of the perimeter of the property for which relief is being sought and establishes a specific timeframe of ten calendar (10) days prior to the meeting when such notices shall be mailed. Additionally, the amendment allows the Historic Preservation Board to grant waivers (for historic properties) to the requirement to allow the development of a nonconforming lot of record which is under the same ownership as the adjacent lot. These waivers would be noticed as described above. COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. The proposal is not site specific and thus does not fall under the review authority of the Community Redevelopment Agency (CRA); the Downtown Development Authority (DDA); or the Historic Preservation Board. By motion, recommend to the City Commission that LDR Section 4.1.4 (C) Use of Lots of Record, Section 4.3.1(D) Application of District Regulations; and, Section 5.1.6 (A) Compliance with Zoning Regulations be amended to establish notification procedures for granting relief from the minimum lot dimension requirements and providing that the Historic Preservation Board may grant waivers to the requirement to allow the development of a nonconforming lot of record which is under the same ownership as the adjacent lot, based upon positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Attachment: Proposed Amendment ~Z/25/2800 22:83 5G12?GG?09 PEART PAGE 0! P.O. Box 2758 Dalray Beach, FL 33447 [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE ~ DATE: 993 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 March 2, 2000 City Commission Susan A. Ruby, City Attorney~-~~ ~ - / SUBJECT: Scheinberg, et al. v. City of Delray Beach ( The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for the March 7, 2000 City Commission meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above case. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the case of Scheinberg, et al. v. City of Delray Beach. The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor Jay Alperin, Commissioners David Randolph, David Schmidt, Bill Schwartz, and Pat Archer, Assistant City Manager Bob Barcinski, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for March 7, 2000 and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §286.011. SAR:jw cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Jay Jambeck, Assistant City Attorney FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page I ~29301 West's F.$.A. § 286.011 WEST'S FLORIDA STATUTES A1NNOTATED TITLE XIX. PUBLIC BUSINESS CHAPTER 286. PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS degree, punishable as provided in s. 775.082 or s. 775.083. (c). Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Current through En~t of 1996 2nd Reg. Sess. 286.011. Public meetings and records; public inspection; criminal and civil penalties (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. '29302 (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or Copyright (c) West Group 1997 No claim to original U.S. Govt. works FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties Page 2 commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (6) Ali persons subject to subsection (!) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. *29303 CR01 (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney tO discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall' advise the entity at a public meeting that he or she desires advice concerning the litigation. CREDIT(S) 1997 Electronic Update CROI Amended by Laws 1991, c. 91-224, § 35; Laws 1993. c. 93-232, ~q !, eft June 30, 1993: Laws 1995, c. 95-148. ~ 210, eft July !0, 1995: Laws 1995, c. 95-353, ~ I, eft June 17, 1995. <<For additional credtts, tic any. see Historical Note field. > > HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1997 Electronic Update (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of ali persons present at any time, and the names of all persons speaking. Laws 1991, c. 91-224, a revisetas bill, modified provisions for punishment of misdemeanors as contained in this section by deleting reference to punishment pursuant to § 775.084 to conform with Laws 1988, c 88-131 which deleted all references to misdemeanors from § 775.084. Laws 1993, c. 93-232. § l, elf. June 30, 1993. added subset. (8). Laws 1995, c. 95-148, a reviser's bill, removed gender- specific references applicable to human beings without substantive changes in legal effect. Copyright (c) West Group 1997 No claim to original U.S. Govt. works