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Agenda Reg 09-19-00
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING SEPTEMBER 19, 2000 - 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: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 2. 3. 4. 5. Roll Call.' Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Regular Meeting of September 7, 2000 Proclamations: A. Large Scale Community Association Day - September 20, 2000 Presentations: RESOLUTION NO. 68-00: A resolution recognizing and commending Donald L. (Don) Haley for over twenty-five (25) years of dedicated public service to the City of Delray Beach. Consent Agenda: City Manager recommends approval. AGREEMENT WITH DEMAND STAR.COM/INTERNET WEB SITE FOR PURCHASING DEPARTMENT: Approve an agreement with Demand Star. Com for a web site to be created for Internet advertising of formal bids and requests for quotations for the Purchasing Department. There is no cost to the City. AMENDMENT #5 TO DEP CONTRACT FOR FUNDING RELATED TO THE BEAC~ NOURISHMENT PROJECT: Approve Amendment #5 to the City's contract with the Florida Department of Environmental Protection to extend the term from September 30, 2000 to December 31, 2001, in order to retain funding the the beach nourishment project. AMENDMENT NO. I TO INTERLOCAL AGREEMENT WITH HI~?,~N'D BEACH/CONVERSION TO 800 MHZ TRUNKED RADIO SYSTEM: Approve Amendment No. 1 to the interlocal agreement between the City and Highland Beach for fire and emergency medical services to specify the Town of Highland Beach's responsibilities related to the conversion of the City's radio system to an 800 MHz trunked system. Regular Commission Meeting September 19, 2000 D. SIXTH AMENDMENT TO BANKING SERVICES AGREEMENT WITH BANK OF AMERICA: Approve an amendment to the City's banking services agreement with Bank of America to extend the present contract with current pricing for an additional 2-year period through September 30, 2002, with an option to renew for up to two additional one year renewal periods. LETTER OF SUPPORT/TOUSSAINT LOUVERTURE ARTS FOR SOCIAL JUSTICR CHARTER HIGH SCHOOL: Approve and authorize the Mayor to sign a letter of support for the Toussaint Louverture Arts for Social Justice Charter High School proposed by the Center for Education, Training & Holistic Approaches, Inc. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS: Approve the recommended funding allocations for special events and charitable organizations for FY 2001. CONTRACT ADDITION (C.O. ~I)/AHRENS COMPANIES (ESD COMPLRX OVERHEAD DOOR REPLACEMENT): Approve a contract addition (C.O. #1) in the amount of $43,930.28 with Ahrens Companies under the ESD/Parks Maintenance Building Expansion contract for furnishing and installing 28 steel overhead garage doors to replace all of the existing fiberglass garage doors in the complex. Funding is available from 334-6112-519-62.10 {R&R Buildings Capital Outlay}. CLOSEOUT CHANGE ORDER 01 & FINAL PAYMENT/AKERBLOM CONTRACTING, INC. (REHABILITATION OF LIFT STATIONS 11A, 25 & 53): Approve closeout Change Order #1 in the amount of $2,375.10 and final payment in the amount of $12,038.71 to Akerblom Contracting, Inc. for completion of the rehabilitation of lift stations llA, 25 & 53 project, with funding from 442-5178-536-61.83 (Lift Station Conversion to Submersible}. APPOINTMENT OF OUTSIDE COUNSEL/JENKINS V. CITY: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 5th through September 15, 2000. AWARD OF BIDS AND CONTRACTS: Bid award to Carolina Cabana Company (f/k/a Bandana Beach Service) for the rental of cabanas and beach equipment at the municipal beach for a period of three years beginning on October 10, 2000 and ending on October 9, 2003, with an option to renew for an additional three years. The City will receive a monthly rate of $3,570.00. Purchase award in the amount of $11,615.12 to Hector Turf, via General Services Administration (GSA) contract, for the purchase of one Toro Multi Pro 1100 Sprayer for -3- Regular Commission Meeting September 19, 2000 the Municipal Golf Course, with funding from 445-4761-572-64.90 (Municipal Golf Course Capital Outlay - Other Machinery/Equiment). Purchase award in the amount of $24,300.42 to Kaiser GMC, via Florida State contract, for the purchase of a 2000 GMC 3500 heavy duty one ton flatbed truck as a replacement for a wrecked vehicle, with funding from 501-3312-591-64.20 (Garage/Vehicle Replacement - Automotive). 4 o Purchase award in the amount of $20,075.00 to Hydro Pumps, sole source provider, for the purchase and installation of two (2) high service water pumps to replace those at the south pump station and Owens Baker tank, with funding from 441-5143-536-64.90 (Water Maintenance - Other Machinery/Equipment). Contract award in the amount of $76,900.00 to Coral-Tech Associates, Inc. for the Police Department Communications Center modifications project, with funding from 334-6112-519-63.22 (General Construction Fund - 800 MHz Radio System). Contract award in the amount of $517,270.00 to Chaz Equipment Co., Inc. for construction of the Breezy Ridge Estates Neighborhood Improvements project, with funding in the amount of $124,725 from 370-3162-541-65.48 (2000 Roadway Bond Program, $10,140.00 from 448-5470-538-65·48 (Stormwater Utility), and $382,405.00 from 441-5161-536-65.48 (Water & Sewer New Capital Outlay). Contract award in the amount of $13,725.00 to Murray Logan Construction, using an existing Palm Beach County contract, for labor and equipment to rehabilitate Lift Stations 58 & 93. The City will provide all materials. Funding is available from 441-5144-536-46.20 (W&S Lift Station Maintenance Equipment Maintenance). 9. Regular Agenda: CONSENSUS STATEMENT/PUBLIC SCHOOL ISSUES: Consider approval of a proposed consensus statement regarding public school issues, and associated actions. SPECIAL EVENT REQUEST/NORTH AMERICAN CORPORATE GAMES: Consider approval of a request to use the Tennis Center for the North American Corporate Games opening ceremonies to be held on October 27, 2000, as well as a proposed street festival to be held in conjunction with this event. Co APPOINTMENT TO THE HOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term -4- Regular Commission Meeting SePtember 19, 2000 ending August 31, 2001. The appointment will be made by Commissioner McCarthy (Seat #4). APPOINTMENTS TO THE EDUCATION BOARD: Appoint four regular members and two student members to the Education Board. The regular member appointments will be made by Commissioner Perlman, Commissioner Archer, Commissioner Schwartz and Commissioner McCarthy. The student member appointments will be made by Mayor Schmidt and Commissioner Perlman. E. DEMAND FOR JUDGMENT/MUNROE V. CITY OF DELRAY BEACH/SGT, BRADLEY: Consider a demand for judgment in the referenced matter. F. CITY ATTORNEY EVALUATION. G. CITY MANAGER EVALUATION. 10. Public Hearings: RESOLUTION NO. 69-00 (MILLAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness, for FY 2001. Bo RESOLUTION NO. 70-00 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001. RESOLUTION NO. 71-00 (FY 2001 BUDGET ADOPTION): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2000 through September 30, 2001. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2001 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Do ORDINANCE NO. 22-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.12, "Planned Commercial (PC) District", by amending Subsection 4.4.12(D), "Conditional Uses and Structures Allowed" and Subsection 4.4.12(G), "Supplemental District Regulations", to implement provisions of the Lindell Boulevard/Federal Highway Redevelopment Plan. ORDINANCE NO. 9-00 (ADOPTION HEARING FOR COMPRm~NSIVE PLAN AMENDMENT 2000-1): Redevelopment Plan for the Lindell Boulevard/Federal Highway Area. -5- Regular Commission Meeting September 19, 2000 Future Land Use Map Amendment from MD (Medium Density 5-12 dwelling units/acre) to TRN (Transitional) for Waterford Place, located south of Linton Boulevard, east of 1-95. City-initiated Future Land Use Map Amendment from GC (General Commercial) in part, and CMR (Commerce) in part, to GC (General Commercial) for Home Depot, located south of Linton Boulevard, east of 1-95. Fo ORDINANCE NO. 24-00: Future Land Use Map amendments from RDA #6 to GC (General Commercial) in conjunction with the adoption of the Lindell/Federal Highway Redevelopment Plan. CONDITIONAL USE REQUEST/WATERWAY VILLAGE: Consider a request for conditional use approval to allow a proposed 166 unit multi-family development (Waterway Village) to be located within a mixed use development at the southwest corner of Lindell Boulevard and South Federal Highway. QUASI-JUDICIAL PROCEEDING Go ORDINANCE NO. 25-00: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for an increase in residential and commercial collection service rates for FY 2001. ORDINANCE NO. 17-00: An ordinance amending Chapter 36, "Finance; City Property Transactions", Subheadings "City Purchasing" and "Change Orders and Contract Modifications", to provide for a streamlined procedure for purchases under $1,000o00, to add electronic bids/quotes for purchases under $6,000.00, to provide for changes in the City's purchasing limits and to correct certain titles. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Conunents and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission -6- CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER 19, 2000 - 6:00 P.M. COMMISSION CHAMBERS A~NDA ADD~A'DIb14 THE CONSENT AGENDA IS AMENDED BY ADDING ITEM 8.K.8. AS FOLLOWS: 8. Consent Agenda K. Award of Bids and Contracts: Bid award in the mount of $61,110.00 to Optimum Services, Inc. as the lowest responsive, responsible bidder, for the demolition of the existing clubhouse and concession building at the Delray Sm and Tennis Club (f/k/a Layer's International Tennis Resort), with funding from 334-6112-519-62.10 (Miscellaneous Building R&R). Also attached are the following: 1. Minutes of the Regular Meeting of September 7, 2000. They are scheduled for approval at tomorrow night's meeting (Item 5). Resolution No. 68-00 recognizing and commending Don Haley for over 25 years of dedicated service to the City of Dekay Beach (Item 7.A.). A proposed letter to the Palm Beach County School Board requesting a joint workshop relative to public school issues (Item 9.A.). Addendum. September 19, 2000.Reg. Mtg. CITY DF DELRAY BEACH DELRAY BEACH, FLORIDA 33z~44 407/243-7000 PROCLAMATION ~[~F-~u~, the Community Associations Institute's Large Scale Community Association Managers will be holding it's National Workshop at the Delray Beach Marriott in Delray Beach, Florida, between Septeraber 20th and September 24, 2000; and ~%~, the four day workshop will feature several outstanding guest speakers and vendors who provide services and products specifically for cor~munity associations; and ~EA~, the Community Associations Institute (CAI) was formed in 1973 as an independent, nonprofit research and education organization. It's purpose is to develop and distribute the most advanced and effective guidance for the creation, financing, operation and maintenance of the common facilities and services in condominiums, townhouses, planned unit developments, conversions, cooperatives, and large scale community associations; and ~F~%~, the Community Associations Institute is a national organization addressing the needs of practitioners and consumers in the community association field. It's 10,000 members represent a broad cross-section of leaders in con~nunity association living; and ~1%F~%~, one hundred professional managers of large scale community associations from across the nation have qualified to attend this workshop. NOW, THEREFOP.~, I, DAVID W. $C~MIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Co~mission, do hereby proclaim September 20, 2000 as LARGE SC~T.~. CO/~4U~NIT¥ ASSOCIATIONS DAY in Delray Beach and congratulate the Con~munity Associations Institute as it celebrates it's 20tn Annual Workshop. Further, we express our gratitude to the four local hosts of this workshop, as well as local community managers, for their dedicated efforts to serve the needs of condominium and homeowners associations throughout our great city and country. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of September, 2000. DAVID W. SCBMIDT MAYOR RESOLUTION NO. 68 -00 A RESOLUTION OF THE CITY COMMISSION OF THE C1TY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DONALD L. HALEY, FOR OVER TWENTY-FWE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Donald L. (Don) Haley was hired by the City of Delray Beach on March 3, 1975, as a Water Plant Operator I; and WHEREAS, Don progressed in the field of water treatment, earned his "C", "B' and "A" licenses, and was promoted to Superintendent of the Water Treatment Plant in 1990; and WHEREAS, on March 3, 2000, Don Ha. Iff reached a milestone in his career, having achieved twenty-five (25) years of continuous, full-time service with the City of De]ray Beach; and WHEREAS, during the past twenty-five plus years, Don has been a dedicated and loyal employee. He has earned many commendations and certifications, but more importantly has earned the respect and admiration of his peers and co-workers in the water treatment industry; and WHEREAS, he has willingly served as a teacher and mentor to many who have chosen a career in water treatment, a counselor to his managers, an encourager and a leader, always exhibiting a positive "can do" attitude; and WHEREAS, the City of De]ray Beach is honored to have had Don Haley as an employee and is especially proud of his work effort and contributions to the City. 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 De]ray Beach hereby recognizes and commends Donald L. Haley for over twenty-five years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates him on the occasion of his retirement from the City of De]ray Beach, and wishes him the best of health and happiness in all of his future endeavors. ATTEST: 'CITY CLF~ ' PASSED AND ADOPTED in regular session on this the 19~h , flay of September, 2000. MAYOR MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sae~nance Director September 14, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 19, 2000 - COMMISSION APPROVAL FOR AGREEMENT WITH DEMAND STAR.COM FOR INTERNET WEB-SITE FOR ADVERTISING OF PURCHASING BIDS, REQUEST FOR QUOTATIONS Item Before Commission: City Commission is requested to approve an agreement with Demand Star. Com for a web site to be created for intemet advertising of formal bids and requests for quotations for the Purchasing Department. Background: Over the last several years a number of improvements have occurred related to Electronic Data Intemhange. The type of improvements that have occurred involve implementation in the Purchasing/Contracting area dealing with electronically soliciting bids, receiving bids, posting bid tabs, maintaining a vendor database, and providing information related to bids and proposals for commodities and services on a web site. As a result of this technology, we now have the ability to further streamline the Purchasing Division in our solicitation of bids and request for quotation packages. The City would benefit from the use of this web site by reducing the amount of time spent by Purchasing Personnel in the bid process of mailings of Invitations to Bid, reduction in postage to mail these invitations and the reproduction costs of copying of the bids for mailings. For example, the advertisement for bid for one large construction bid package is mailed to approximately 100 vendors listed on our vendor list for bid solicitations for construction jobs at a cost of $.33 each for a total of $33.00 per bid. The average cost spent with a local blueprint company for reproduction of the bid packages to mail to requesting vendors is $300. The City has advertised a total of 23 construction bids this accounting year (total of $759.00 in postage and a average cost of $6,900 has been spent for advertising and copying these bid). These two examples are only a part of the actual savings that the City would be able to utilize. This service is available from Demand Star. Com for an online bid program at no cost to the City. Finance recommends that the City utilize this service. See attached memo dated August 30, 2000 showing the breakdown of the services provided by Demand Star. Com. Recommendation: Staff recommends the approval for award of the agreement with Demand Star. Corn for the intemet web site. Attachments: Memo from Asst. Finance Director Demand Star. Com Agreement DEMANDSTAR.COM NETWORK Agency Membership Agreement Welcome to DemandStar.com, Inc. We provide the following information, products, soth~vare, services, features and materials under this Agreement to governmental and other entities. Among other things, this agreement describes our responsibilities and your responsibilities. DemandStar has developed proprietary Intemet-based procurement software and process systems ("Products") through which it provides Intemet, fax and information services to network members. DemandStar provides network membership FREE to governmental agencies. WE agree: 1. To notify your current Vendors of your Agency's membership in the DemandStar network. 2. To promote your Agency's membership in the DemandStar network to our Vendor community. 3. To post information such as Formal Bid opportunities, tabulation sheets and award status, as entered or provided by the agency, on both of the Intemet and fax system. Allow anyone to access this information from DemandStar's fax system for no cost. 4. To automatically notify appropriate member Vendors of Formal Bid oppommities via email or fax. 5. To provide Formal Bid document fulfillment services in response to Vendor requests. 6. To distribute Formal Bid documents via the Intemet if you provide us the documents electronically as PDF files (no more than one PDF file for each bid or addendum). 7. To provide training and customer support to the Agency and Vendors. 8. To provide a mechanism for member Agency's to share past and present bid information with other member Agencies. YOU agree: 1. To provide DemandStar with a letter announcing your membership in the DemandStar Network and an electronic mailing list &your current Vendors. 2. To distribute all of your Formal Bids through DemandStar (this ensures that the ~egistered Vendors can be assured of being notified of every Formal Bid opportunity from your Agency). 3. To enter Plan-holder information into the DemandStar system for any Vendors who obtain Formal Bid documents through a source other than DemandStar (this ensures that we can deliver addenda to all Plan-holders which reduces the likelihood of protests at bid opening time). 4. To use DemandStar as your sole automatic bid notification system (this ensures that Vendors have a consistent way of being notified of all Formal Bid opportunities from your Agency). Membership term: Your membership will begin upon execution of this agreement and will continue until either party provides thirty (30) days written notice to the other party. Agency: Address. DemandStar. com, Inc. 1200 South Pine Island Rd, Suite 600 Plantation, FL 33324 Signature: Signature: Name: Title: Name: Title: Date: Date: Version 2.0 Page I of 3 DEFINITIONS USED IN THIS AGREEMENT. "Formal Bid" - means a bid and associated addenda that require public notification. These can include request for proposals (RFPs), formal contracts, and annual buys, but does not include Informal Quotes. "Informal Quote" - means a request for quotation that does not require public notification. "Plan-holder" - means a Vendor who has received the specifications for a Formal Bid. "Agency" - means the governmental entity, agency or other organization that entered into this Agreement with DemandStar. com, Inc. "You" or "your" - means the Agency. "DemandStar.com," "DemandStar," "we" or "our" - means DemandStar. com, Inc. "Vendor" - means any provider of goods or services. "Services" - means the services provided by DemandStar. com, Inc. to the Agency pursuant to this Agreement. LICENSE AND OWNERSHIP. DemandStar grants Agency, free of charge, a non-exclusive and non-transferable license to use the Products for its internal purposes during the term of tbAs Agreement. Ownership and all intellectual property rights in the Products and in all ideas, processes and works of authorsbAp created in whole or in part during the term of this Agreement by DemandStar belong exclusively to DemandStar. The Agency acknowledges such ownership and intellectual property rights in DemandStar and that any such work is not a work made by DemandStar for bare, and that the Agency will not assert any actions to the contrary. PUBLIC RECORDS. DemandStar will retum to the Agency, in its original form, the Vendor list that the Agency provides for the initial mailing. In addition, if required by law, and upon written request, DemandStar will provide to the Agency, in electronic or hard copy format, an up-to-date list of Plan-holders that have obtained Formal Bid documents from the Agency through DemandStar's services. DemandStar may assess a fee for this service as provided by law. WARRANTY. The Services provided by DemandStar hereunder shall be performed in a professional and workmanlike manner and shall substantially conform to the description of Services set forth heroin. THE PRODUCTS AND SERVICES ARE PROVIDED "FREE OF CHARGE TO AGENCY" AND THEREFORE, EXCEPT AS PROVIDED IN THIS PARAGRAPH, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING TITLE, FREE OF DEFECTS, MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE. SUPPLEMENTAL VENDORS. In the event that the agency wishes DemandStar to notify non- registered Vendors of Formal Bids, the Agency may provide DemandStar with a limited list of supplemental Vendors. The supplemental vendor list must be provided to DemandStar in electronic format suitable to DemandStar. No single Vendor will be notified more than 3 times if they are not registered with DemandStar. 5. DOCUMENT FULFILLMENT SERVICES. The Agency may choose to have DemandStar provide document fulfiliment services for printing, shipping, and handling of Formal Bids, addenda and I/er$ion 2.0 Page 2 of 3 related documents on a case-by-case basis. DemandStar will bill the recipients for the services unless the Agency elects to pay for the services. LIMITATION OF LIABILITY. In no event, including but not limited to performance or non- performance by DemandStar, shall DemandStar be liable to Agency for any amount in excess of $20,000. To the maximum extent permitted by law, in no event shall DemandStar be liable for indirect, special, incidental, or consequential damages, including, without limitation, loss of profits, loss of good will, work stoppages, computer failure or malfunction or interruption of business, whether such damages are alleged in tort, con~'act, indemnity, or otherwise, even if DemandStar has been apprised of the possibility of such damages. 7. GOVERNING LAW. The laws d' the State of Agreement. shall govern this ACTS OF GOD AND OTHER EVENTS. DemandStar is not responsible for dismption of Services or non-use of Products due to circumstances beyond its control including, but not limited to: fire, floods, war, civil unrest, severe weather, disruption of electricity or phone service and/or Intemet access or any other unforeseen event or circumstance. NOTICES. All notices under this Agreement shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of this Agreement or to such other address as either party shall from time to time indicate in writing. Any such notice to be deemed to be effective upon receipt or five (5) days from the date of the mailing, whichever occurs first. 10. ENTIRE AGREEMENT. This Agreement, consisting of three pages, contains the entire Agreement of the parties and supersedes any prior written or oral understandings or agreements l/ersion 2.0 Page 3 of 3 MEMORANDUM Joseph M. Safford, Finance Director From: Milena L. Walinski CGFO, Assistant Finance Director Date: August 30, 2000 Subject: Demand Star - Interact Purchasing for Government Agencies As you know we have been trying to fmd ways to streamline the purchasing process and still maintain the high level of service. Demand Star (formerly Information on Demand) is an online bid program. The other governmental agencies that use them have been very pleased with the service. The benefits received include increased vendor response, increased access to information such as RFP's, reduction in mailing and postage costs and most importantly less administrative time spent on the bid process. Demand Star provides the following services for free: · Vendor notification of bids by e-mail or fax · Web site creation · Ability to view status of all bids · Bid document distribution and Requests for Quotations · Guaranteed delivery of addenda to bid document holders · Access to a nationwide library of bids Access to extensive vendor network · Fax on demand system Demand Star receives a $30 access fee per county from each vendor who would like to participate in the bid notification process. Jackie and I are very interested in the implementation of this program. Through Jackie's purchasing contacts, she has received a lot of positive feedback. Demand Star also provided a demo at the Purchasing Coop Meeting, which Richard, Christine and I attended. I've attached an endorsement letter from the Innovation Group and a brochure. I would like this program put on the Commissions agenda. Please let me know what my next steps are. Doc: purch/demand star C: Jackie Rooney, Purchasing Supervisor VATION GROUPS P.O. Box 16645 · Tampa, FL 33687 · Ph 813 622-8484 · Fax 813 664-0051 · www. ig.org J~e23,2~O RBCEIVED David Harden City Manager City of Delray Beach 100 NW 1st Ave. Delray Beach, FL 33444-2612 Plano, TX and Virginia Beach, VA recently asked The Innovation Groups to meet with the company DemandStar in order to learn about their on-line bid program. It's a simple, very effective program. You provide your RFPs and vendor list to DemandStar. When you issue an RFP it is "pushed" out to potential vendors via email your homepage and fax. When you are preparing an RFP you can access DemandStar's large database to obtain similar RFPs submitted by other local governments. Cost to your jurisdiction is nothing. If you do not have a home page, DemandStar will provide one for you at no cost. The Innovation Groups has met with the management and Board of DemandStar and current users of this program. All of these interactions were positive. Equally impressive are the results local governments are experiencing from the use of DemandStars' program. Dramatically increased vendor response, lower costs for products and services, RFP preparation costs decreased by the access to similar RFPs from other jurisdictions, better access to minority owned vendors and more. The enclosed flyer provides more detail on the DemandStar program and jurisdictions' results from the use of this product. A response form is also included. The Innovation Groups' Board of Directors recently re-emphasized the importance of IG's mission to "introduce more innovative technologies and products" to local governments. The DemandStar program was introduced to IG by two cities and after due diligence, IG is able to bring this exciting product to your attention in the hope that you find it to be of interest and, if implemented in your jurisdiction, a major benefit. This type of product and service networking is a core service of The Innovation Groups. As always, I appreciate your participation, support, and comments. I hope to see you at the IG conference in California. If not, as in past years IG will sponsor an information exchange luncheon at the ICMA conference. We will be sending information to you soon. Sincer~el~ J.~e~ Havlick PS: An emall regarding DemandStar is also enclosed, just received it. Thanks, again. Email from Mike Freeman, City Administrator, Ashland, OR to the Board of Directors of The Innovation Groups 6-21-2000 Demandstar (an IG corporate partner) gave Ashland a demo today on their product and I wanted to pass along to the IG Board how impressed we are with the product. I know that Plano and Virginia Beach are using their service already, and we will too here. I think that this service can fulfill a real need in a local government's e-gov strategy regarding purchasing - for no cost. The efficiency that is gained with this online service is incredible. We have a 1.5 person purchasing shop and this will allow us to spend much more time evaluating bids and helping departments with the purchasing process vs. hassling with the administrative aspects of the purchasing process. I encourage you to contact Bob Havlick and let him know you are interested in learning more about Demandstar. Let me know if you have any questions. Mike Freeman Demand om Where supply meets demand Internet Purchasing for Government Agencies BREAKTHROUGH SOLUTIONS FOR GOVERNMENT PURCHASERS DemandStar. com brings the power of Internet technology to revolutionize the government procurement process. Finally, there's a solution designed by experienced government purchasing professionals that addresses the unique challenges agencies face daily. A COMMUNITY OF AGENCIES AND SUPPLIERS DemandStar. com is an easy-to-use, efiqcient and economical network with no new hardware or software required. Agencies post requests for proposals, invitations to bid and quotes directly onto DemandStar. com's web site. Vendors can register on-line for multiple agencies. Vendors are notified automatically of bid opportunities in their chosen commodity codes. A LEVEL PLAYING FIELD FOR SUPPLIERS With DemandStar. com, small and minority vendors can access your information at minimal or no cost, and compete with larger, more established companies. Your suppliers will have enhanced access to your procurement information 24 hours a day, seven days a week. They are freed from the time-consuming and expensive tasks of monitoring agency web sites and newspa- aers for new postings AGENCY MEMBERSHIP IS FREE Government agencies participate in DemandStar. com at no charge. Membership indudes the following services: ~,~ Vendor notification by e-mail or fax ~ Web site creation ':½7 Ability to view status of all bids 3-: Document distribution -:~- Guaranteed delivery of addenda to bid document holders :~:' Access to a nationwide library of bids ~ Access to extensive vendor network -;33 Fax-on-demand system THE BOTTOM LINE DemandStar. com supports the goal of government purchasing to get the best value for the t0xpayer's dollar through competitive bidding. Our members have experienced: ~;3:- 20% to 30% increase in competition -~? Up to 1200% increase in web site visits ~' Up to 72% decrease in advertising costs el:' Up to 75% reduction in printing and postage costs SEE FOR YOURSELF Call us today for a free demonstration of the DemandStar. com network or visit our web site. 800-711-1712 www. demandstar, com Copyright~ 2000 DemandStar.com. All right~ reserved. " ' DemandStar. corn Agency Opening Page Page 1 of 2 Contact Information If you would like more information on our service offerings and pricing. Log New Bids Participating agencies may choose the Log New Bids option to enter new bid requests directly into their database. Edit Existing Bids Participating agencies may choose the Edit Existing Bids option to modify bid requests directly in their database. Document Fulfillment Participating agencies may choose the Document Fulfillment option to enter vendor bid request picku~ database. Tabulation Sheets Participating agencies may choose the Tabulation Sheets option to create a new tab sheet from their database. Update Bid Status Participating agencies may choose the Update Bid Status option to modify the status of a bid. Status changes include recommendations of award, awards, rejections, etc.. All changes are posted directly into the database and associated websites. Bid Addendum / Attachment Participating agencies may choose the Bid Addendum / Attachment option to log an addendum or attachment or to ~due date of a bid. All changes are posted directly into the database and associated websites. Search For Vendors Participating agencies may choose the Search for Vendors option to search your database for a specified vendor. Search For Bids Participating agencies may choose the Search For Bids option to search your database for a sp~b~. Search For Commodity Codes Any agencymay choose the Commodity Search option to search the NIGP Commodity Code database by keyword. No Iogin is required for this menu item. http://demo.demandstar.com/agencyopening.htm 6/29/00 ..... DemandStar.com Agency Opening Page Page 2 of 2 Bid Profile Search Participating agencies may choose the Bid Profile Search opt!on to search your database for vend~ series of commodity codes. Reports Participating agencies may choose the Reports option to view a variety of reports from their database. Log Off Once you have completed all of your agency functions simply choose the Lop Off option. DemandStar.com~ Znc. 1551 Sandspur Road, Suite B Maitland, FL 32751 (407) 975-0000 Fax (407) 599-0008 E-mail Info(~demandstar.com © 1998- 2000 DemandStar.com, Inc. Ail rights reserved http://demo.demandstar.com/agencyopening.htm 6/29/00 AGENDAITEM NUMBER: AGENDA REQUEST Requesttobeplacedon: September19,2000 Date: September14,2000 __Workshop Agenda XX Consent Agenda __ Special Agenda When: Description of agenda item: Approval of agreement with Demand Star. Corn for a web site to be created for intemet advertising of formal bids and requests for quotations for the Purchasing Division at no cost to the City. ORDINANCE/RESOLUTiON REQUIRED: YES NO Draft Attached: YES NO Recommendation: Department Head Signa~~ Determination of Consistency i~omprehensive~lan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: ~. /j~ Account Number: No (if applicable) Account Description: Account Balance: City Manager Review: Approved for agenda~ ~ No Agenda Coordinator Review: Received: Action: Approved Disapproved AGENDAITEM NUMBER: AGENDA REQUEST Request to be placed on: September 19, 2000 Date: September 14, 2000 . XX Consent Agenda Special Agenda Workshop Agenda When: Description of agenda item: Approval of agreement with Demand Star. Com for a web site to be created for intemet advertising of formal bids and requests for quotations for the Purchasing Division at no cost to the City. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: NO NO Department Head Signature' Determination of Cons~nsiv~Pla~~~ __ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No. Funding alternatives: ~/~. !j~ (if applicable) Account Number: Account Description: I~ Agenda Coordinator Review: Received: Action: Approved Disapproved TO: FROM: SUBJECT: EXTENSION OF DEP CONTRACT NO. C-71'15, FOR FUNDING RELATED TO THE BEACH NOURISHMENT PROJECT The action requested of City Commission is that of approving Amendment #5 to DEP Contract No. C-7115, which will extend the agreement between the City and the Florida Department of Environmental Protection (DEP), through which funds are reimbursed for the Beach Nourishment Project, until December 31, 2001. The existing contract will expire September 30', 2000. At the date of expiration, all contracted work will not be completed, and all appropriated funds will not be expended. Sufficient funds remain from the initial appropriation to reimburse the state share of monitoring and design tasks into the year 2001. In order for all funds appropriated by the legislature to remain committed to the Delray Beach project, the contract must be extended. The amendment involves the extension of the contract from September 30, 2000 to December 31, 2001. The amendment has been reviewed and approved as to legal form by the City Attorney. By motion, approve Amendment #5 to DEP Contract No. C-7115. Attach ments: · Original contract · Amendments 1,2,3,4,5 S:~adv~beach~contract01 DEP Contract No. C-7115 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF BEACHES AND COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROGP~A/~ Project Agreement Amendment # 5 This A14ENDMENT by and between the Florida Department of Environmental Protection (hereinafter referred to as the "DEPARTMENT") and City of Delray Beach (hereinafter referred to as the "LOCAL SPONSOR"), serves to amend that Project Agreement between the DEPARTMENT and LOCAL SPONSOR dated June 18, 1991, amended November 1, 1991, August 25, 1993, April 8, 1996, and September 27, 1999 pertaining to Delray Beach Nourishment, (hereinafter referred to as the "PROJECT"). The DEPARTMENT and LOC3%L SPONSOR hereby agree to the following changes: Paragraph 5 of the PROJECT Agreement is hereby revised to read as follows: 5. This Agreement shall begin on June 18, 1991 and end on Dece~foer 31, 2001. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PRO~-ECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre- construction environmental monitoring, engineering, and the sea turtle monitoring made on or after February 1, 1987. All other terms and conditions of that PROJECT Agreement dated June i8, 1991, amended November 1, 1991, August 25, 1993, April 8, 1996, and September 27 1999, remain the same. , IN WITNESS WHEREOF, the parties have caused these presents to be du]y executed, the day and year last written below. CITY OF DELRAy BEACH DEPARI?4ENT OF EN%~IRONMENTAL PROTECTION By: Secretary or designee Date: By: Mayor* Date: A[~3mv.~d as to form and uizy Attorney ATtorney ~h~ ~ - _. ,jhe.M~}o~ s_~ns the p~o3e~ agreement, a resolution statement or ........ umensau~on au=nor~zlng that person to sign the agreement on behal~ of the City Paoe 1 of 1 Pro4ect Acreement. C-7115, Amendment 5 DNR Contract # -~ AGREEMENT between the FLORIDA DE?~TMENT OF NATURAL URcEsY( , 1991, the ~ referre~ to as "DEPA-RTF~ENT") and the City of Delrey Beach (hereinafter referred to as the "LOCAL SPONSOR") for the PROJECT described herein. In consideration of the mutual benefits to be derived ~ ~- DEPARTF~NT and LOCAL SPONSOR do hereby agree as follows: he.e..om, the 1. The DEPA~TF~NT is entering into this Agreement in accordance with Chapter 161, Florida Statutes, with the LOCAL SPONSOR for the erosion control project known as the Delray Beach Nourishment project, hereinafter referred to the PROJECT. 2. The LOCAL SPONSOR agrees to conduct, or cause to be conducted, the eligible PROJECT items identified below subject to acquisition of all reouisite environmental and construction permits. The PROJECT consists of the nourlshment of approximately 2.7 miles of shoreline in the City of Delray Beach (Palm Beach County) approximately between DEP~TF~NT range monuments R-!80 and R-I~9, using approximately 1,020,0DO cubic yards of beach quality sand. Approximately 10,000 cubic yards will be used for dune reconstruction. Three dune crossovers shall be constructed and the new reconstructed dunes vegetated. Dost construction ~ ~ ~. Appropriate ore and - m~._~o~ng will be conducted. - The DEP~T.MENT and the LOCAL SPONSOR agree that the estimated costs for the PROJECT are as follows: Elicib!e Pro4ect Item~ Beach Pill Mobilization/ Demobilization Sand Search Engineering Offshore Environmental Monitoring (Pre-project, construction & post project) Sea turtle monitoring Beach Monitoring (surveys) Revegetation Construction of three protection wa!trways ~stimated Cost~ ~edera! Nonfederal ~otal ~tate Local 2,539,i63 1,923,337 4,452,50~ !,269,403 653,934 5~9,000 431,000 1,000,000 284,460 146,540 0 150,000 150,000 150,ODD D 203,702 154,29S 358,000 115,723 38,575 99,130 230,000 74,347 24,7S3 29,750 29,750 22,178 7,392 O 76,500 76,500 57,375 !97--25 O 10,000 !0,000 7,500 2,500 ~ 3SRO00 35.000 2Sr250 8r750 3,442,735 2,909,015 6,351,750 2,007,236 901,599 Note: The above costs for eligible project items are not line-item costs. Funds not needed for ~ne eligible project item may be used for another eligible project item whenever the listed estimated cost in insufficient. The DEPARTF~NT and the LOCAL SPONSOR further agree that any and all activities associated with the PROJECT that are not shown in the above eligible item listing are the responsibility of the LOCAL SPONSOR and are not s part of this Agreement. The DEPARTF~ENT'S financial obligation shall not exceed the sum of $2,007,236 for this PROJECT. The LOC~ SPONSOR shall be responsible for all other costs. - 3. ~n connection with this Agreement, it is acknowledged that at all times the LOCAL SPONSOR is not acting as an employee of the State of Florida and neither the LOCAL SPONSOR nor its employees are entitled to accrue any benefits of state employment, including revetment benefits, and any other rights or privileges connected with employment in the Florida Career Service. 4. As consideration for the work performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT shall pay the LOCAL SPONSOR as specified herein. The LOC~ SPONSOR will submit a request for reimbursement of funds on such forms, as attached hereto as Exhibit "A", not more frequently than monthly. These forms shall be certified as accurate by the LOCAL SPONSOR's Project A~inistrator and the LOCAL SPONSOR Project Financial Officer and submitted to the DEPARTMENT as a payment request along with an interim report of the status of the PROJECT. The DEPARTF~NT's Contract Manager has 3D days after receipt of an interim report and billing to determine that the work has been accomplished prior to approving the billing for payment. Upon approval of the payment re?uest the DEP~TMENT shall disburse the funds due the LOCAL SPONSOR less ten percent (iQ%) which will be retained on account. The cumulative amount retained shall be disbursed to the LOCAL SPONSOR when the PROJECT is certified complete by the LOCAL SPONSOR and DEP~TMENT staff. A final PROJECT certification inspection by the DEPARTMENT staff shall be made not more than 60 days after the P~0JECT has been certified as complete by the LOC~ SPONSOR. 5. This LOC~ SPONSOR shall commence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before september 1, 1993. The DEP~-RTF~NT and the LOCAL SPONSOR a~ree that there shall be no reimbursement of funds by the DEPARTP~NT for any obligations or expenditures for the PROJECT made prior to the commencement date of thi~ PROJECT except for sand search, beach monitoring, Pre-construction environmental monitoring, engineering, and the sea tur:le monitoring made on or after June l, 1987. 6. The LOC~ SPONSOR and the DEPARTF~NT agree that they will make every reasonable effo.--~ to insure the continued ~ublic ownership of those lands lying upland of the PROJECT site and further agree to make every reasonable effort to insure the maintenance of the public access and vehicular parking area lying upland of the PROJECT site durin~ the life of the PROJECT defined as 8 years. 7. ' The LOCAL SPONSOR agrees to provide to the DEPARTMENT a full accounting of all PROJECT COsts at PROJECT completion. Such ac~oun~in~ da~a shall include a~tual ~s~ of projec~ construction and all cost ex e mobilization, en~lneer~n~ and d~s~gn, and supervision and a~inistr LOC~ SPONSOR a~rees to present the acc~untin~ data in Paragraph 2 of this A~reement. B. The State of Florida's perfo~an:e and obligation to pay under this Agre~men: is ~ontin~ent upon an ~nual appropriation by the Legislature. 9. N~ person, on ~he grounds of ra~e, creed, color, national cfi:in, a~e, sex, or handicap, shall be ex:luded from parti:ipation in; be proceeds ~r benefits of; ~r be othe~-ise subjected to discrimina~ion in perfo~an~e of this A~reement. lO. The LOCAL SPONSOR hereby insures that it has in force and shall maintain in force throughout the PROJECT period insurance coverage, which most nearly reflects the operation of the LOCAL SPONSOR, which is necessary for the PROJECT, and which is appropriate and allowable pursuant to Florida Statutes. ll. The LOCAL SPONSOR shall aave and hold harmless and indemnify the State of Florida against any and all liability, claims, judgementa or coat of whatsoever kind and nature for injury to, or death of any person or persons and for loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this agreement, resulting from the negligent acts of the LOCAL SPONSOR, his subcontractor, or any of the employees, agents, or repreaentatives of the LOCAL SPONSOR or subcontractor, to the extent allowed by law. 12. The LOCAL SPONSOR shall seek to Coordinate with the selected contractor to prevent any and all damage to sovereignty lands seaward of the line of mean high water, including animal, plant, or aquatic life thereon, resulting from the mobilization, construction or demobilization activities related to the PROJECT. Further, LOCkL SPONSOR shall take all available actions to obtain from the contractor the expeditious restoration of such lands, or the animal, plant, or aquatic life thereon, and/or the payment of damages for such damages. 13. ~his agreement may be canceled by either party, with or without reason, by giving 30 days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of cancellation, only amounts accrued to the date of cancellation shall be due and payable. 14. The LOC~ SPONSOR will permit the DEPARTMENT's staff to examine all PROJECT records and grant them rights to audit any PROJECT books, documents, and papers during the PROJECT and following completion of the PROJECT. The LOO~ SPONSOR shall maintain the records, books, document, and papers for at least three (3) years following completion of the PROJECT. 15. This Agreement may be canceled by the DEP~TMENT without orior notice for refusal by ~h_ LOCAL SPONSOR to allow public access to all' documents, papers, letters, or other material subject to the provisions of chapter 119, Florida Statutes, and made or received by the LOCT~L SPONSOR in conjunction with this Agreement. !6. William K. Whitfield, Environmental Specialist, or his successor is hereby designated the DEPARTMENT's Contract Manager for the purpose of this Agreement and shall be responsible for enforcing t~erfo_~ance of the A:reement terms and conditions and shall serve as a liaison with the LOCAL SPONSOR and approve all invoices prior to payment. 17. The LOCAL SPONSOR will appoint a Liaison Officer to be responsible for the implementation of the provisions of this Agreement. 18.': Any and all notices shall be delivered to the parties at the following address: DEPARTMEN__~TT Department of Eatural Resources Division of Beaches and Shores Office of Beach Manaoement 390D Commonwealth BoUlevard Tallahassee, Florida 32399 LOCAL SPONSOR City of Delray Beach Planning Depa~ment 100 N.W. !st Avenue Delray Beach, Florida 33444 19. This Agreement has been delivered in the State of Florida and shall be cmnstrued in accordance with ~he taws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this A~reement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the e×t~nt of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provision of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 20. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services and documentation shall be maintained to justify any departure from this requirements. Chapter 287, Florida Statutes, is expressly made a part of this Agreement and is incorporated herein by reference as if fully set forth. 21. The provisions of Chapter 16B-36, Florida Administrative Code, entitled Beach Erosion Control Assistance Program, Chapter 16A-11, Florida Administrative Code, entitled Grant and Contract Aooountability Policy, are expressly made a part of this Agreement and are incorporated herein by referenoe as if fully set forth. 22. For this PROJECT, contractual services, labor, direct material purchases, and stock material purchases, as specified in Exhibit eligible for reimbursement. "A", are 23. Any inequities that may subsequently appear in this Agreement shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 24. This Agreement represents the entire A~reement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing and signed by each of the parties hereto, and attached to the original of this A~reement. 25. This Agreement shall be executed in duplicate, each copy of which shall for all purposes be oonsidered an original. IN WITNESS W-~EP~OF, the parties have caused :hess present to be duly executed, the day and year first above written. LOCAL SPONSOR chairman Mayor~fma~'~ E. Lynch ~ Approved ap to form a~n~d lec3~..s~fficienc~~ Assistant City Attorney DEPARTMENT Executiv,~-~. irect or · a Signature or his/~e~gnee . Approved as to ~rm and legality D~ ~ntra:: Manager// FLORIDA DEPARTMENT OF NATUR3%L RESOURCES DIVISION OF BEACHES AND SHORES EROSION CONTROL PROGR3~M Project Agreement Amendment Sl This AMENDMENT, dated this \~ day of~'~%~.~ , 19~ , by and between the Florida Department of Natural Resources,- Division of Beaches and Sbore~, hereinafter referred to as the DEPARTMENT, and the City of Delray Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991, pertaining to the Delray Beach Nourishment project, hereinafter referred to as the PROJECT. The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 5 of the PROJECT Agreement is hereby revised to read as follows: 5. The LOCAL SPONSOR shall commence construction of the PROJECT on or after execution of this Agreement, and shall complete the project on or before September i, 1993. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre- construction environmental monitoring, engineering, and the sea turtle monitoring made on or after Pebruary 1, 1987. All other terms and conditions of that PROJECT Agreement dated June lB, 1991, remain the same. IN WITNESS THEREOF, the parties hereto executed the PROJECT Agreement Amendment on the day and year first above written. LOCAL SPONSOR CITY ~/__~~/~_ OF DEL H By: ~K~a~.~,;f~0MAS E. LYNCH MAYOR ATTEST: Alison M~cgre~or~ar~y, ~i~y Clerk State of Florida Department of Natural Resources Kirby Bt Green, iii, Director APPROVED AS TO POP~M AND LEGALITY Attorney ~or the Department ~Natural ~ esources C~tr~g~' Admi~ ' EROS!ON CO~TROL Project A~reement Amen~en% ~2 This ~MENDMENT, dated this ?--~'dav of ~0.%[%~ ~:z~ between the Florida Department of ~:atura! Respur:es, D~vls~n ~f Beaches an~ Shores, hereinafter referred to as ~he DEP~-RT~NT, an~ the City pf De!ray Beach, hereinaf%er referre~ to as L~ SPO:{SOR, serves ~o ~en~ tha~ agreement between %he DEP~TF~¢T and the ~ SPOHSOR ~ated Jun~ ~ended Nove~er !, !9~1, pertaining to the D~!ray Beach K:uris~ent project, hereinafter referred ~o as the PRO~. The DEP~RTF~NT and ~he LOC~ SPONSOR hereby a~ree to the ~han~es and ad~iti~nz: Paragraph 2 of ~he PROJECT A~reement i~ hereby revise~ tp read as 2. The LOC~ SPONSOR a~rees to con~uct, or cause :o be ~Dn~u~t~, the e!i~ib!e PROJECT items ~ ' -aen._,led below subje:~ t~ ac~isiti~n of al! n~uris~ment of approxima~e!y 2.7 miles of shoreline in the City cf De!ray Bea:h (Palm Beach County) approximately between DEP~TF~{T range m~numents R- Appropriate pre and pos% =ons:ruTtion ~onitorin~ ~'i!l b~ c~n~ucted.. The DEP~TF~NT and ~he LOCA~ SPONSOR aTree 'h=t ~he estimated c~sts for =he PROJECT are as fe!!=~s: -' - Estimated CTst~ ~unds no~ neede~ f~r ~ne e!i~i~le - proje== item may be use~ fDr anDther e!i=ible i~em !is~inc a = the responzibi!i=v of %he LOC~ SPONSOR and are not exceed the sum c~ S2,007,23~ ~r 75% cf the ncn-fe~-a~ Paragraph 5 of the PROJECT A~reement is hereby revise~ to rea~ as follows: 5. The LOC~ SPONSOR shall co..-~--ence construction of the PROJECT on or after exeeutien of this Agreement, and shall complete the project on or before September 1, 1996. The DEPARTF~NT and the LOCAL SPONSOR agree that there shall be no rein%bursement of funds by the DEPA~TF~NT for any obligations or e):penditures for the PROJECT made prior to the co~encement date of ~his PROJECT except for sand search, beach monitoring, Pre-construction environmental monitoring, enginee~n~, and the sea turtle monitorin~ made on or after February 1, 1987. Paragraph 16 of the PROJECT Agreement is hereby revised to read as follows: 16. Philip Flood, Environmental Specialist, or his successor hereby designated the DEPA.RTM~NT's Contract Manager for the purpose of this Agreement and shall be responsible for enforcing performance of the Agreement terms and conditions and shall serve as a liaison with the LOCAL SPO~:$OR and approve all invoices prior to payment. All other terms and conditions of that PROJECT Agreement dated June !991, ~mended November l, 1991, remain the IN WITNESS THEREOF, the parties hereto executed the ~ROJECT Agreement ~endment on =he day and year firs= above ~ritten. CITY OF DELF~.Y BEACH State of Flerida Dep~rtment of Natural Resources ~PROVED ~S ~0 ?o.~ ~2~D ,LEG~IT~ ~:~ey £or ~ ~~ DEP Contract No. C-7]]5 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF ENVIRONMENTAL RESOURCE PERMITTING FLORIDA BEACH EROSION CONTROL ASSISTANCE PROGRAM Project Agreement Amendment ~3 This AMENDMENT, dated this day of , 1996, by and between the Florida Department of-Environmental Protection, Division of Environmental Resource Permitting (formerly known as the Florida Department of Natural Resources, Division of Beaches and Shores), hereinafter referred to as the DEPARTMENT, and the City of Delray Beach, hereinafter referred to as LOCAL SPONSOR, serves to amend that project agreement between the DEPARTMENT and the LOCAL SPONSOR dated June 18, 1991, amended November t, 1991, and August 25, 1993, pertaining to the Delray Beach Nourishment project, hereinafter referred to as the PROJECT. The DEPARTMENT and the LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph 5 of the Project Agreement is hereby revised to read as follows: 5. The LOCAL SPONSOR shall commence construction of the PROJECT on June ]8, 199], and shall complete the project on or before September 30, 1999. The DEPARTMENT and the LOCAL SPONSOR agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligations or expenditures for the PROJECT made prior to the commencement date of this PROJECT except for sand search, beach monitoring, pre-construction environmental monitoring, engineering, and the sea turtle monitoring made on or after February 1, 1987. Paragraph 17 of the Project Agreement is hereby revised to read as follows: 17. The LOCAL SPONSOR will appoint a Liaison Officer to be responsible for the implementation of the provisions of this Agreement and for the submission to the DEPARTMENT of quarterly progress reports during the period the project is underway. The progress reports will detail what work has been accomplished and shall be submitted no later than ~arch 15. June 15, September iS. and December ]5, of each year in which the project is underway. Page 1 of 2 All other terms and conditions of that Project Agreement dated June ]8, 19gl, amended November 1, 1991, and August 25, ]993, remain the same. IN WITNESS THEREOF, the parties hereto executed the Project Agreement Amendment on the day and year first above written. CITY OF DELRAY BEACH M~yo~gl, Xor~ignee* Witness / DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Cohtract Manager APPROVED AS TO FORM AND LEGALITY: *If someone other than the Mayor signs the project agreement amendment, a resolution, statement or other documentation authorizing that person to sign the amendment on behalf of the city must accompany the amendment. Page 2 of 2 DEP Contract No. C-71!5 FLORIDA DEPARTMENT OF ENR/iRON~ENTAL PROTECTION OFFICE OF BEACHES }~D COASTAL SYSTEMS FLORIDA BEACH EROSION CONTROL PROG~ Project Agreemen~ }~en6ment #4 This g-~NDMENT by and between the Florida Department of Environmental Protection (hereinafter referred to as the "DEP}ITM~NT'') and the City of Delray Beach (hereinafter referred to as the "LOCAL SPONSOR"), serves to amend that Project Agreement between the DEPglTMENT and LOC}~ SPONSOR dated June 18, 1991, amended November 1, 1991, August 25, 1993 and D~ri! 8, !996, pertaining to the De!ray Beach Nourishment Project, (hereinafter referred ~o as the ~PROJECT"). The DEP}~__~!~NT and LOCAL SPONSOR hereby agree to the following changes and additions: Paragraph s oz the PROJECT Agreement is hereby revised to read as follows: 5. This Agreement shall begin on June 18, 1991 and end on September 30, 2000. The DEP~IT_~z_~T and the LOC~3 SPONSOR agree that there shall be no reimbursement of funds by ~he DEPD-RT.~gT for any obligations or expenditures for the PROJECT made prior to the commencement ~ate of this PROJECT except for sand search, beach monitoring, pre- construction environmental monitoring, engineering, and the sea turtle monitorin~ made on or after PebruaFi; 1, 19~7. Paragraph 16 of the PROJECT Agreement is hereby revise~ to read as follows: !6. The DEPART~T's Project Manager is Jac_c/ue!ine Thompson, or her successor. .... o=n_, nerms and conditions of %hat PROJECT Agreement dated June 18, 1991, amended November !, 1991, August 25, 1993 and April 8, 1996, remain the same. DEP Contract C-7115 Page I of 2 iN WYTNESS V~EREOF, the ~= - pa~__s have caused these presents to be duly executed, the day and year last ~'~ below. CiTY OF DELPS=Y BEACH DE P~_RTI~E!qT OF EArJi ROI~HENTAL PROTECTION Secretary or Designee ~ ~n~ac~ Manager APPROVED AS TO FO~M AND LEGALITY: DEP At tor_,~ey *If someone other than the Mayor si_cms the project agreement, a resolution, statement or other documentation authorizing than person to sign the agreement on behalf of the City must accompany the agreement. DEP Contract C-7115 Page 2 of 2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~.. - REGULAR MI~.~.TING OF SEPTEMBER 19, 2000 AMENDMENT NO. 1 TO INTER.LOCAL AGR~.MENT WITH DATE: HIGHLAND BEACH/CONVERSION TO 800 MHZ RADIO SYSTEM SEPTEMBER 14, 2000 An mterlocal agreement regarding fire and emergency medical services currently exists between the City of Dekay Beach and the Town of Highland Beach. The City is now in the process of converting our present radio system to the 800 megahurtz tmnked radio system. The subject amendment to the mterlocal agreement provides for the Town of Highland Beach to pay it's proportional share of the conversion costs based on the equipment assigned to the town. Recommend approval of Amendment No. 1 to the Interlocal Agreement with Highland Beach. RefiAgmemol.Amendment #1 to Inteflocal Agreement. Highland Beach. Radio System Request to be placed on: __X Consent Agenda When: September 19, 2000 AGENDAITEM NUMBER: AGENDA REQUEST Special Agenda Date: Sept. 13, 2000 __ Workshop Agenda Description of agenda item: Request City Commission's approval for execution of Amendment No. 1 to the Interlocal Agreement between the City of Delray Beach and the Town of Highland Beach regarding conversion of Highland Beach's radio system. The Town of Highland Beach will pay the proportional share of cost as outlined on Exhibit A. There is no cost to the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: Draft of resolution Attached: YES X NO YES NO X_ Recommendation: Approve Department Head Signature: John/om~aszew~hief Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): This agreement has been reviewed and approved by the City Attorney. 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 _75% state grant, 25% matching funds (if applicable) No Disapproved P.O.# : ........ ' ' Town of Highland Beach ~,:... _..-'~ Paul 1~ Kane. Sr. Robert L. Lowe Town Manage~ Ben Sang September 8, 2000 Robert B. Rehr Fire Chief City of Delray Beach Fire Department 501 West Atlantic Avenue Delray Beach, Florida 33444 Re: Amendment No. 1 to Interior. al Agreement, City of Delray Beach and Town of Highland Beach (Radio System) Dear Chief Rehr: Pursuant to your July 10, 2000 letter, enclosed are three originals of the above- referenced amendment, approved by the Town Commission at its September 6 Regular Meeting and executed on behalf of the Town. Please return a fully executed copy for our records when the amendment has been processed. Thank you. Sincerely, Manager Enclosures (3) '~rree City U.S.A." AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF HIGHLAND BEACH THIS AMENDMENT NO. 1 to the Interlocal Agreement is entered into this 6th day of September , 2000 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, and THE TOWN OF HIGHLAND BEACH, FLORIDA, a Florida municipal corporation. WHEREAS, an Interlocal Service Agreement currently exists between the City of Delray Beach and the Town of Highland Beach regarding fire and emergency medical services; and, WHEREAS, Page 6, Section 16(c), describes the Town of Highland Beach's responsibility related to the conversion of the City of Delray Beach Fire Department radio system to an 800 MH tnmked system; and, WHEREAS, the Town of Highland Beach has agreed to pay the proportional share which is calculated based on the number of mobile, portable and console type radios assigned to the fire station in Highland Beach and as further described in Paragraph 16(c) of the Interlocal Agreement. NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. The recitals set forth above are hereby incorporated as fully set forth herein. 2. This Agreement clarifies and is in addition to the provisions of Section 16(c), on Page 6 of the Interlocal Agreement and is not intended to change or alter any other part or provisions of the 1993 Agreement. 3. The Town of Highland Beach shall pay the City of Delray Beach for the radio equipment as identified in Exhibit A, attached hereto and made a part hereof, which may be amended by mutual consent of the parties from time to time. Both parties agree that the equipment listed in Exhibit A meets the current needs of the personnel operating in the fire station in Highland Beach, but may need to be altered in the future. 4. The radio equipment will be used by the City of Delray Beach Employees, however, the equipment that has been identified in Exhibit A shall be deemed the property of the Town of Highland Beach and will remain with the vehicles and station should the Interlocal Agreement expire, be discontinued or terminated as provided for in the Interlocal Agreement. __ 5. This Amendment No. 1 to the Interlocal Agreement shall be recorded in the Public Records of Palm Beach County. IN WITNESS WHEREOF, the parties hereto caused these presents to be signed by their duly authorized officers on this ATTEST: City Clerk Approved as to Form: day of ,2000. City of DekayBeach, Florida By: Mayor City Attorney ATTEST: To~n Clerk Town of Highland Beach Town of Highland Beach, Florida Mayor 15-May-00 To: Captain Licata From: Mike Bunting MOTOROLA, Inc. Subject: Highland Beach Subscrfbem Cost Analysis Item - Qty Description 1 1 la 1 2 1 3 1 4 6 4a 6 Unit Cost Ext. Cost $4,848.00 ASTRO Spectra (Digital) SmartZone Consolette Control Station With Desk Microphone $4,848.00 Control station antenna and line accessories $633.67 $633.67 ASTRO Spectra VV7 (Digital) Mobile Radio $3,680.00 $3,680.00 - ASTRO Spectra W9 (Digital) SmartZone Mobile Radio $4,886.00 $4,886.00 with Front / Rear controls ASTRO XTS3000 (Digital) Model II SmartZone Portable Radio, Ruggedized, Black Housing Accessorie~ for X'TS3000 Portable Radio (Public Safety Speaker-Mic, Spare Baffery. Single Unit Cha.rger) TOTAL Highland Beach Subscribers $3,671.00 $22,025.00 $525.00 $3.150.00 $39,223.67' ~xhibit A MEMORANDUM To: From: Subject: Date: David T. Harden City Manager Joseph M. S~ Director of FinancU/ Banking Services Contract September 12, 2000 The City's banking services contract with Bank of America is up for renewal October 1, 2000. Bank of America has agreed to extend the present contract for an additional two- year period to end September 30, 2002 with an option to renew for up to two additional twelve-month periods. Pricing would remain the same through September 30, 2002. These fees would be reviewed prior to each option period. Either party has the option to terminate the contract upon 120 days written notice. Barnett Bank, as you may know, officially merged with NationsBank on October 9, 1998. Furthermore, Bank of America took over NationsBank May 8, 2000. Even though the bank has undergone some changes, they are still providing the same level of service. We did an analysis to see if our rates were comparable to surrounding communities. We applied the rates of Boynton Beach, Boca Raton, and Coral Springs to the services provided to Delray Beach. We found that the City of Delray Beach fared better than Boca Raton, and Coral Springs. The difference between Delray Beach and Boynton Beach was minimal. We, therefore, feel the City would do well by extending the contract. We anticipate maintaining the same level of service at prices competitive with this market and recommend continuation of this contract. c: Rebecca S. O'Connor, Treasurer Agenda AGENDA REQUEST Date: Request to be placed on: x Regular Agenda Special Agenda When: 9/19/00 Description of agenda item (wh~, what, where, Item No.: 9/12/00 Workshop Agenda how much): for ag month ORDINI~4CE/ RESOLUTION REQUIP. ED: yES~ Recommendation: Recnmm~nH ~'h~ ~h~,~ Draft Attached: YES/NO Determination of Consistency ~omprehenslv~lan:~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funde): Funding available: ~ NO Funding alternatives: soft balances Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved SIXTH AMENDMENT TO THE BANKING SERVICES AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BANK OF AMERICA THIS AMENDMENT, made and entered into this/! ~'~ day of t<~'~-.--..~. ~ ~., 2000 by and between the CITY OF DELPAY BEACH, FLORIDA, a~ corporation, (hereinafter referred to as "City"), and Bank of America and its successor (hereinafter-referred to as "Bank"). WHEREAS, the CITY and the Barnett Bank of Palm Beach County previously entered into a Banking Services Agreement dated Apdl 12, 1988 ("Agreement") which was extended until October 1, 1992; and WHEREAS, the CITY and the Barnett Bank of Palm Beach County entered into four amendments to the contract dated January 7, 1993, October 14, 1993, November 3, 1994, and August 14, 1996 and September 16, 1998 and; WHEREAS, NationsBank, NA. was the successor to Barnett Bank of Palm Beach County on October 9, 1999; and WHEREAS, Bank, was the successor to NationsBank, N.A. on May 8, 2000; and WHEREAS, the parties hereto desire to revise certain provisions of the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual obligations of the parties as set forth in the Agreement and as set forth below, the parties agree to amend the Agreement and is hereby revised to read as follows: 1. Section I of the Agreement is hereby revised to read as follows: I. BANKING AND TRUST SERVICES; TERM OF AGREEMENT The BANK agrees to provide the banking services to the CITY as set forth in this Agreement for a period of two years, commencing October 1, 2000 and terminating on September 30, 2002. The Agreement may be extended beyond the contract term for up to two additional twelve (12) month periods by mutual written consent. Either party shall have the option, however, to terminate the contract without cause upon giving 120 days advance written notice to the other party. follows: Section II. Paragraph A. 1. of the Agreement is hereby revised to read as The charges outlined in the cost of banking services proposal as stated in Exhibit "A" to this Amendment shall remain unchanged effective October 1, 2000 through September 30, 2002. Pricing will be reviewed at the end of this period. Additional services not listed in Exhibit "A' which the BANK provides to the CITY will be agreed upon at the time the service is implemented. FDIC insurance fees are subject to adjustment if increased or decreased by FDIC by the amount of the change. Negative collected balances are calculated daily by FDIC and charged at a rate of prime plus two percent. 3. Section V, Paragraph C, is hereby revised to include the following paragraph: 3. Alternative Investment Account -The minimum investment is zero. The interest rate is based upon the Bank of America's Federal Funds rate less 15 basis points. 4. That all other terms and conditions of the Agreement dated April 13, 1988 between the parties and the Amendment dated September 16, 1998, except as may be in conflict with this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto entered into Amendment as of this day and year first above written. WIT~IESS: (Signature of Witness) ~ (Signature printed or typed) BANK Of AMERICA STATE Of FLORIDA COUNTY OF PALM BEACH this (Signature printed or typed) Al~o A. ~rez MY COMMISSION # ¢¢824294 F-~JRE$ Moy 4, 2003 ATTEST: The foregoing instrument was acknowledged before me this a ,c~c~[ o~ ~. ~ __, I I'f"~ yof · r ~,~,~v, uy /-~ ~ ~-~ p, (name of officer or agent, title of o~icer or agent), of Bank of America, a national corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. ~ Signature of Notary Public~ CITY OF DELRAY BEACH, FL City Clerk Ci{~Attorney~ ~ j : '--v~ By: David Schmidt, Mayor EXHIBIT A BALANCE RELATED SERVICES FDIC INSURANCE PER THOUSAND LEDGER BALANCE DEPOSITORY SERVICES ACCOUNT MAINTENANCE BRANCH OTC DEPOSIT QBD QUICK BUSINESS DEPOSIT VAULT DEPOSIT-REG HOURS ITEM PROCESSING DEPOSIT CHECKS PAID-OTHER DEBITS ZBA SERVICE-MASTER ZBA SERVICE-SUB RETURN ITEM RETURN ITEM RECLEAR RETURN ITEM RECLEA SVC RET ITEM DUP ADVICE FEE RETURN ITEM MAKER REQ RET ITEM MAKER REQ-FEE DEP ITEMS DEP ITEMS ON-US DEP ITEMS-LOCAL CLEARING DEP ITEMS-OTHER IN DIST DEP ITEMS-ALL OTHER ENCODING CHARGE STOP PAYMENT ELECTRIC DEBIT ELECTRONIC CREDIT COMMERCIAL DEP-CASH VAULT QBD CASH/S100 COMM'L DEPOSIT-DASH DEP COMM'L DEPOSIT-DASH DEP COMM'L DEPOSlT-BKG CTR COMM'L DEPOSIT-VAULT CURR/STRAP-BKG CENTER COIN VERIF-MIXED BAG DEPOSIT CORR-CASH COIN/ROLL-BKG CENTER TELEPHONE NOTIF NIGHT DEP/DROP-PLASTIC NIGHT/NON-STANDARD BAG PUBLIC FUNDSINTEREST ON CHECKING UNIT COST 0.0147 9.0000 0.3000 0.3000 0.3000 0.3000 0.1300 0.0000 0.0000 3.0000 2.0000 0.0000 0.0000 0.2000 0.0000 0.0350 0.0350 0.0350 0.0450 0.0600 0.0000 0.0000 0.1300 0.1500 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 BANK'S FED FUNDS RATE LESS15BASIS POINTS GENERALACH SERVICES CONSUMER 2 DAY CREDIT CONSUMER MAINTENANCE CONSUMERINPUTPC RETITEM-NOC RETITEM-MAILREPORT REVERSALS WIRE TRANSFER STANDING ORDER TFR-BOOK DB WIRE ADVICE-MAIL WIRE ADVICE-PHONE MANUAL WIRE-OUT NONREP MANUAL WIRE-OUT REP INCOMING BOOK WIRE-CREDIT ELEC WIRE OUT-DOMESTIC ACCOUNT RECONCILIATION PARTIAL MAINT DEPOSIT MAINT SORT RECON MAINT SORTRECONITEM PARTIALITEM RECON TRANS DEPOSITITEM UNIT COST 0.1000 15.0000 5.0000 3.0000 5.0000 7.5000 4.0000 0.0000 0.0000 6.0000 6.0000 5.0000 6.0000 15.0000 40.0000 0.0000 0.0000 0.0450 5.0000 0.1000 MISCELLANEOUS COURIER CHARGES 318.0000 CHECKS CASHED-NON-CUST 0.0000 CPA CONFIRM 5.0000 CHK PHOTOCOPY-NONTRUNC 3.0000 SAFEKEEPING SAFEKEEPING/ITEM SAFEKEEPING/ORIG 0.0100 5.0000 ELECTRONIC POSITIVE PAY POSITIVE PAY-NO RECON, MAINT 50.0000 POSITIVE PAY-NO RECON, ITEMS 0.0200 FULL POSITIVE PAY MAINTENANCE 50.0000 FULL POSITIVE PAY MAINT 0.0500 PARTIAL POSITIVE PAY MAINT 50.0000 PARTIAL POSITIVE PAY ITEMS 0.0450 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~>. ~. - REGULAR MEETING OF SEPTEMBER 19, 2000 LETTER OF SUPPORT/TOUSSAINT LOUVERTURE ARTS FOR SOCIAL DATE: JUSTICE CHARTER HIGH SCHOOL SEPTEMBER 15, 2000 At the September 12~h workshop, the Commission heard a presentation from Diane Richard- Allerdyce, Ph.D. and Joseph M. Bemadel concerning their intent to start an additional charter school in Delray Beach. They have founded the Center for Education, Training & Holistic Approaches, Inc. (CETHA) and are proposing the estabhshment of the Toussaint Louvermre Arts for Social Justice Charter High School. The Center's application to the School Board is due by October 1, 2000. At the conclusion of the presentation, Dr. Allerdyce indicated that a letter of support from the City Commission would be welcomed for inclusion with the charter school application. It was the consensus of the Commission to support this request. Approval is recommended. RefiAgmemol0.Letter. CETHA.Toussaint Louverture Charter High School CITY I]F DELRRV BErlCH ~l~.Americi ¢~ 1993 September 19, 2000 100 N.W. 1st AVENUE · OELRAY BEACH, FLORIDA 33444 · 407/243-?000 Diane Richard-Allerdyce, Ph.D. Center for Education, Training & Holistic Approaches, Inc. 394 S.E. 5th Avenue Delray Beach, FL 33483 Dear Dr. Allerdyce: Thank you for the time you and your associates took to share with the City Commission your plans for starting an additional charter school in Delray Beach. You are to be commended for your efforts to create a unique school, which will reach young people who are not being well served by the existing schools in our area, for a number of different reasons. It has been well demonstrated that some students perform much better in smaller schools, or schools where they feel their culture is more appreciated. We wish you well as you proceed through the charter school application process. Sincerely, David W. Schmidt Mayor DWS/amh THE EFFORT ALWAYS IV]ATTERS Toussaint Louverture Arts for Social Justice Charter High School Proposed by Joseph M. Bernadel and Diane Richard-Allerdyce, Ph.D. Delray Beach, Florida September 12, 2000 Toussaint Louverture Arts for Social Justice Charter High School Proposed by CETHA Center for Education, Training & Holistic Approaches, Inc. 394 S.E. Fifth Avenue Deiray Beach, FL 33483 (561) 243-3136 (561) 243-3878 fax www.cetha.or~ Who was Toussaint Louverture? The name Toussaint Louverture (1743-1803 ) refers to the liberator of the Haitian people, who fought for equality between the slaves of Haiti and the French Colonial Empire. "Toussaint Louverture's brilliant leadership of the successful slave revolt in Saint-Dominique constitutes... a turning point.., in the history of the human spirit. By claiming for his enslaved brothers and sisters the same right to human dignity that the French bourgeoisie claimed for itself, Toussaint began the process by which slave uprisings changed from secessionist rebellions to revolutionary demands for liberty, equality, and [social] justice" (book jacket, From Rebellion to Revolution by Eugene Genovese, 1979). Although he did not live to see that victory, his name represents the aspirations of people everywhere seeking freedom and justice. We have chosen the name to promote social equality in our community and to honor the significant contributions of the Haitian people. Just as a school named for Thomas Jefferson or George Washington represents leadership and equality without indicating any racial preference, we embrace the name Toussaint Louverture to demonstrate the very concept of social justice. Students will be recruited from all ethnicities, nationalities, race, ability level, and gender. What is social justice? The term "social justice," as worded by the Magenta Foundation, refers to "the struggles of people everywhere who work for gender equality, democratic government, economic opportunity, intellectual freedom, environmental protection and human rights" (http://www.magenta.rd/crosspoint/us htrnl). In the recent Millennium Assembly of the United Nations, Heads of State and Government declared their endorsement of the same values and recognized that a peaceful, prosperous and just world community in the twenty-first century depends on "certain fundamental values: Freedom, Equality, Solidarity, Respect for Nature, and Shared Responsibility." On a smaller, more local scale, we embrace these values and adopt them as the creed of our high school. Toussaint Louvermre Arts for Social Justice Charter High School Proposed by Joseph M. Bernadel and Diane Richard-Allerdyce, Ph.D. Delray Beach, Florida September 12, 2000 What is the role of the arts in promoting social justice? Throughout the ages, the arts--visual, literary, dance, music, media, and theater--have played an important role in education. Numerous studies document the success of arts-based educational initiatives in addressing the educational, social, and other needs of students from all ages. For example, "A Stanford University study released two months ago found that young people who work in the arts are four times more likely to win academic award, eight times more likely to receive a community service award, three times more likely to win a school attendance award and four times more likely to participate in a math or science fair" (h-RP://www.aforumcom). The value of the aris for our school, which will target a diverse student population, is especially significant. The arts will serve as a vehicle for bringing people together, using multiple intelligences and accessing diverse learning styles. Who are we and what are our qualifications to open a charter high school in Delray? CETHA's organizers are consummate community leaders with a wealth of experience in youth leadership, education and training, as well as a unified vision of how our community can ' respond to the challenges of an increasingly diverse community by educating youth for success and social justice. Please see our biographical statements in the accompanying brochures. Full dossiers for each member of our board will be submitted with our application to the school board and are available upon request. How does the city benefit? While the city will not necessarily benefit from an increased tax base by gaining this school, the benefits to the city are many. The school's emphasis on community service and volunteerism will lead to increased youth and family activism and citizenship as well as a more engaged, empowered youth with cross-cultural competence and better cognitive, social and personal skills. Government agencies, community organizations, and other schools in Delray Beach will benefit from an informed, motivated volunteer base formed by our students, who will be encouraged, also, to participate in community forums such as Visions 2010. In the future, graduates of the Toussalnt Louverture Arts for Social Justice Charter School will be well prepared for success in the increasingly diverse global marketplace as well as to give back to their community. Where will the students come from? Students will be recruited from all segments of our community, and any student within the district may apply to attend our public school of choice, including those with special needs such as ESE, gifted, ESOL, and other requirements. 2 Toussaint Louverture Arts for Social Justice Charter High School Proposed by Joseph M. Bernadel and Diane Richard-Allerdyce, Ph.D. Delray Beach, Florida September 12, 2000 While the school board does not allow surveys to be conducted among interested students and parents before a charter school's application is approved, we have a marketing plan designed to recruit a student body whose diversity reflects that of the community in terms of its demographics. Initial informal surveys have led us to believe that there will be a great deal of interest in this kind of alternative public school. To our knowledge, there are no other charter high schools in our area. Parents of students completing the eighth grade at Delray Beach Academy, Unity School, Trinity Lutheran, St. Vincent's, and other charter/private schools K-8 will have the option of sending their children to Toussalnt Louverture, and we will so market the school with these parents. In addition, students who either apply for the Dreyfoos School of the Arts and do not achieve admission, or who might want a similar educational philosophy as the magnet arts programs provide but in a smaller school setting, are likely to apply. Where will the teachers come from? Our teachers and staffwill be recruited from among the most talented certified teachers in the district. They will go through a rigorous selection process in addition to extensive background checks. Their own desire to see the implementation of the values we espouse in a personalized academic setting will draw them to our school. In addition, the salaries and benefits we offer will be comparable to those offered by the school district. Highly qualified business professionals, social justice activists, and university professors will be employed on a part-time basis to supplement the curriculum with the most advanced and stimulating approaches to pertinent issues through forums, discussions, meetings, and seminars. The school with also invite foreign representatives assigned in the United States to include regular visits to our campus for the purpose of briefing our youngsters about their respective lands and issues of concern. Where will the school be located? We are sensitive to the fact that the school must be placed in an area with adequate space for curricular and extracurricular activities, as well as adequate student and faculty parking, in order to minimize disturbance to any area residents. For that reason, we will negotiate with parties already in existence who may have facilities we could use on a temporary basis until we acquire a permanent facility in a suitable location. Churches, synagogues, community centers, and schools will be approached for this purpose. If negotiations with such organizations do not yield suitable arrangements, our next strategy will be do seek to lease an existing facility. Eventually, we believe the Toussaint Louverture Arts for Social Justice High School will be housed in its own suitable facility. Although we have not yet identified a site for the school, we will comply with all local, city and other ordinances. Toussaint Louverture Arts for Social Justice Charter High School Proposed by Joseph M. Bernadel and Diane Richard-Allerdyce, Ph.D. Delray Beach, Florida September 12, 2000 How will the school be funded? Charter school law provides for funding of charter schools through the State, distributed through the school district. Charter schools are "public schools of choice," and, as such, are funded according to the FTE (essentially the number of students enrolled in the school). In addition to the amount received to educate each student, a charter school receives start-up funding in its first, second, and third years, as well as a separate amount per student per year in capital outlay costs. Our school will also maintain contingency funding equal to 3% of the operating budget. This will be raised by increments of .5% each year until we have the 3%. Any shortfall in an operating year will be recaptured in the subsequent year. In addition to state funding, we will need to raise monies through associations with industry, businesses, foundations, and other non-profit organizations, as well as membership drives. Our greatest financial need will be for the facility, and we will seek both public and private donations of land on which to place portables, at least in the beginning, and/or of currently existing structures. Ideally, a corporation or municipality will come forward to support us by providing logistic support and physical plant. How can members of the community get involved? As with all non-profit organizations, we will welcome and depend, in part, on the generosity of volunteers, donations, and both private and public sources of funding to augment the funding we will receive from the state once our application is approved. Until that time, what we need most from community members are letters of support that we can include with our application, which is due on or before October 14. Once the application is approved, there will be numerous ways in which members of the community can help: by joining an intergenerational advisory council, raising money, distributing information, and performing a variety of clerical and other tasks. The Toussaint Louverture Arts for Social Justice Charter High School will live up to its name by engaging people from all segments of our society in the pursuit of educational excellence. 4 Dr. Diane Richard-Allerdyce Center for Education, Training and Holistic Approaches, Inc. 394 SE 5th Avenue Delray Beach, Florida 33483 Dear Dr. Allerdyce: Thank you for the time you and your associates took to share with the City Commission your plans for starting an additional charter school in Delray Beach. You are to be commended for your efforts to create a unique school, which will reach young people who are not being well served by the existing schools in our area, for a number of different reasons. It has been well demonstrated that some students perform much better in smaller schools, or schools where they feel their culture is more appreciated. We wish you well as you proceed through the charter school application process. Sincerely, [:lTV OF DELRflV BEfi£H DELBAY BEACH lI.Amedca CiI 1993 100 N.W. 1st AVENUE September 19, 2000 · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Diane Richard-Allerdyce, Ph.D. Center for Education, Training & Holistic Approaches, Inc. 394 S.E. 5th Avenue Delray Beach, FL 33483 Dear Dr. Allerdyce: Thank you for the time you and your associates took to share with the City Commission your plans for starting an additional charter school in Delray Beach. You are to be commended for your efforts to create a unique school, which will reach young people who are not being well served by the existing schools in our area, for a number of different reasons. It has been well demonstrated that some students perform much better in smaller schools, or schools where they feel their culture is more appreciated. We wish you well as you proceed through the charter school application process. Sincerely, David W. Schmidt Mayor DWS/amh ~PnnteaonFleeyCledPaper THE EFFORT ALWAYS ~/~ATTERS MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~7. ~. _ REGUI.AR MEETING OF SEPTEMBER 19, 2000 FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS (FY 2001) SEPTEMBER 15, 2000 Attached are the proposed funding allocations for special events and charitable organizations for FY 2001. The City Commission reviewed these allocations at the September 12th workshop. It was the Comtmssion's consensus to accept the staff recommendation, with the caveat that the allocation for the Roots Festival would be revisited at the December 5m regular meeting. Recommend approval of the FY 2001 funding for special events and charitable organizations as recommended by staff. RefiAgmemol 0.Sp.Event & Charitable Funding. FY 2001 TO: FROM: DATE: SUBJECT: ~armlnistrati~e ~er~[ces ~emoranv/um David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager September 8, 2000 Revisions to FY00-01 Recommendations for Funding of Special Events and Charitable Organizations rr Regina Frazier has advised me that the Education Board request for $2,950 has been budgeted in the Planning Department budget. Exhibit "A" is revised to reflect $0 recommended and increases the contingency by $2800, which the committee had recommended. In addition I was advised that $10,000 was requested for the Visions 2010 project. Exhibit "B" has been revised to add this request and the contingency has been reduced. In addition, we have received a second request from EPOCH for an additional $25,000 for renovation of the Histodc Munnings Bungalow. The committee has recommended a total of only $25,000. RAB:ags Cc: Lula Butler Joe Safford Major L. Schroeder Doug Randolph Regina Frazier FiM:aaen/asmemos Do~: Special Events Funding FY00-01 FISCAL YEAR 2000-01 EXHIBIT A SPECIAL EVENt'S Organization Requested FY Recommended FY 2000 Funding FY 1999 Funding 2001 FY 2001 Holiday Parade 3,000 2,500 3,000 3,000 Delray Beach Education Board 2,950 0 (1) 2,800 2,000 Fotofusion 50,000 5,000 10,000 10,000 Joint Venture Christmas Tree 25,000 25,000 25,000 25,000 Martin Luther King Celebration 500 500 500 500 Roots Festival 40,000 0 (2) 0 0 Safety Patrol Trips 1,000 500 (3) 1,500 1,500 Sister Cities Committee 5,000 4,000 2,500 3,500 Old School Square First Night 20,000 8,000 6,000 5,000 Atlantic High Band 0 0 1,500 0 Palm Beach County Day 0 0 250 0 Sponsorship Palm Beach Int'l Film Festival 0 0 5,000 5,000 Contingency 0 5,550 2,060 1,000 TOTAL I $147,4501 $51'°5° I 60'1101 56,500 (1) Funding in the Planning and Zoning Depa,t,~ent Budget (2) Offset cash contribution with approximately $16,000 event overtime. (3) $250 per school with stipulation to offset cost of one student to go on trip, identify one child versus to offset costs of all attending trip GRAN~S FISCAL YEAR 2000-2001 EXHIBIT B Organization FY 2001 FY 2001 Amount FY 2000 FY 1999 FY 1998 Amount Recommend Funding Funding Funding Requested Chamber of Commerce 25,000 25,000 25,000 20,534 25,654 Pineapple Grove Main Street 30,000 30,000 30,000 30,000 30,000 Econ. incentive - ABC Carpet 26,500 26,500 26,500 56,262 126,079 Joint Venture 40,000 40,000 40,000 40,000 SUB-TOTAL $12'1,500 f2f,500 $121,500 $f46,816 $18f,933 Aid to Victims of Domestic Assault (AVDA} 25,000 20,000 20,000 20,000 20,000 Alzheimer's Association Community Care 5,000 0 0 0 1,000 The Association of Retarded Citizen (ARC) 5,000 3,000 3,000 3,000 3,000 Boy's & Gids Club of Palm Beach Co. 85,000 35,000 (1) 40,000 40,000 51,200 Carver Middle School 15,000 0 0 0 0 The Center for Information and 7,500 0; 0 0 0 Crisis Services Community Child Care Center of Delray Beach 30,000 25,000 (2) 25,000 27,500 27,500 Deaf Service Center 9,000 7,000 7,000 7,000 7,000 )rug Abuse Foundation 30,000 0 (3) 0 (3) 0 (3) 20,000 EPOCH 62,500 25~000 20,000 20,000 0 Friends of Sandoway House 40,000 28,000 36,000 (4) 33,000 (4) 0 Hospice by the Sea 0 0 0 0 2,500 Mae Volen Senior Center 5,000 0 0 1,000 3,500 School Distdct Palm Beach 64,841 30,000 30,000 County Child Care Program 23,800 26,640 Urban League 5,000 5,000 (s/ 5,000 5,000 0 Wayside House 8,000 6,000 6,000 6,000 5,000 Visions 2010 10,000 10,000 0 0 0 Contingency 0 2,500 4,520 1,006 6,270 SUB-TOTAL $376,84f 196~520 $196,520 $187,306 $173,6f0 [ TOTAL [ $$'18,34~ [ $3~$,020I $3~8,020J $33~,~22 ] SS$5,g43! (i) Additional CDBG conffibufion, $40,000 (2) Additional CDBG conffibution, $18,000 (3) Funding for Drug Abuse Founda~on is dis~ibuted via Chris Evert Charities. $20,000 per year (4) Additional$8,000 givento Sandoway House in FY 2000and 1999 to help pay conlract settlement (5) Addilional CDBG conffibufion, $12,000 DELRA5 BEACH /~JF~nerJ~ Cit~ MF..MORANDUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City DATE: August 29, 2000 Manager SUBJECT: Recommendations for Funding Special Events and Charitable Organizations FY01 A committee composed of Lula Butler, Joseph Safford, Major Larry Schroeder, Doug Randolph and myself reviewed requests for funding for FY01 from the City Commission special event account and from the miscellaneous grant account. A total of $147,450 in requests were received for funding from the Special Events account with a budget of $51,050 and a total of $493,341 in requests were received for funding from miscellaneous grants with a budget of $318,020. Staff recommendations for funding are attached as Exhibits "A and B", as well as a summary (Exhibit "C") of additional information for each grant applicant. A summary of staff review comments is as follows: A) SPECIAL EVENTS Holiday Parade - After discussions with Bill Wood it was the consensus of the Committee to reduce this request provided the City continues with co-sponsorship and full overtime support. Delray Beach Education Board - After review it was the consensus of the Board to continue support at previous levels. THE EFFORT ALWAYS MATTERS Fotofusion - The City has supported this event with a cash contribution since FY 97. The Committee felt that this event should become more self-sufficient. In addition most of the increase requested is due to a proposal to utilize the Tennis facility for a three night concert series. The cost for this concert series including rentals would be approximately $28,000. We also have a concern if the sponsor could raise the funding needed to pay for the entertainment estimated at $100,000. Joint Venture Christmas Tree - It was the consensus of the Committee to continue support at the $25,000 level. The funding provided by the City helps offset the cost of over $90,000 to put up the tree. The Joint Venture is our partner on this project assisting in fund-raising, marketing and advertising and in obtaining volunteer help. The tree is owned by the City. Martin Luther King Celebration - The Committee recommends continuing funding at the previous level. Roots Festival - The Committee did not recommend cash funding for this event, but recommends continued support with overtime (~ $16,000 in FY 00) and in free use of facilities and equipment. Concerns were expressed about funding a fulltime position. Safety Patrol Trips - Two requests for $500 were received. Total cost to send one child on this trip is approximately $500. The Committee recommends funding half the costs with the stipulation that funds be used to supplement the costs to send one needy child from each school, not to be used to offset the costs of all children participating. Sister Cities Committee - The Committee recommended an increase over last years funding to help offset the administrative costs for two Sister Cities Committees versus one. Old School Square First Night - The Committee recommended a slight increase in funding, but feels this event should become self sufficient in the future. Due to increased fireworks costs as a result of the millennium year, Old School Square had to enter into a two-year contract for fireworks last year, increasing event costs. They experienced a loss of ~ $20,000 last year. Because of the community wide impact, the Committee recommends funding of $8,000. B. MISCELI,~tNEOUS 6RANT.q Chamber of Commerce - The Committee recommends funding at current levels. Funds are utilized for economic development purposes. This funding is part of funds set aside for economic development, as was approved by City Commission the last time, occupational license fees were increased. Pineapple Grove Main Street - The Committee recommended continued funding at existing level. Funds are used to supplement operating costs for this organization. Economic Incentive ABC Carpet - The Committee recommends funding at existing level. This is a commitment required to be paid through 2006 based on 10-year agreement approved in 1996. Joint Venture - The Committee recommends funding at existing level. Funds are primarily utilized to offset costs of the 4~ of July fireworks display. Aid to Victims of Domestic Assault - The Committee recommends continued funding at existing levels due to the large number of Delray Beach residents serviced. Alzheimer's Association - The Committee recommended no funding again this year due to their sources of other funding. Association for Retarded Children - Due to overall program costs and their net asset position, the Committee recommended funding at existing level. Boy's and Girl's Club of Palm Beach County - The organization will receive $40,000 from the City's CDBG program as well as, the $35,000 recommended. This is a slight decrease from last year. When Commission originally approved funding for this project in 1993, the commitment was for 5 years at $85,000 per year. However, due to the number of Delray children served, the Committee recommends continued funding at a reduced level. Carver Middle School - The Committee did not recommend funding because the request was to fund a position. Center for Information Crisis Services - The Committee did not recommend funding due to lack of financial information and the report indicated that only 33 residents would be served. Community Childcare Center - The Committee recommended funding at previous funding level due to large unrestricted net asset level. Recommend continued funding due to the service provided to Delray Beach residents. Deaf Service Center - Recommend funding at previous level due to number of citizens served and low unrestricted net asset position. Drug Abuse Foundation - Recommend funding by contribution to Chris Evert Charities from the Tennis stadium budget as we have done the last two (2) years. EPOCH - Recommend funding at a higher level than last year. Funding to be used for additional restoration costs. Friends of Sandoway House - Recommended funding at last years original level. Funding is provided for educational program and operational costs. Mae Volen Senior Center - Recommended no funding due to high unrestricted net asset position. School District of Palm Beach County Childcare Program - This program provides matching funds to various daycare facilities in the City. This is a matching grant program with other funding received from Federal and State programs, as well as, from other governments and United Way. The Committee recommends funding at previous level due to member of children served. Urban League - The Committee recommends funding at previous level. This organization will also receive $12,000 from City's CDBG program. Recommend continued funding due to need to support Housing Counselor program, which is not provided by the City. Wayside House - Recommend funding at current level due to service provided to Delray Beach residents, high success rate of the organization in treating drag and alcohol abuse, and services provided for indigent women. RAB/tas Fil¢:u:sweeney/agenda Doc:Memo to Harden Special Events Funding Ol anization _Ho!iday Parade ~ch Education Board Fotofusion ~ture Christmas Tree ~uther King Celebration -- -'~ Festival ~1 Trips Sister Cities CommitteA' ' -' '~ Old School Square First N~ ~High Band '-~ Beach County Day FISCAL YEAR 2000-01 EXHIBIT A SPECIAL EVENTS ~FY 2001 3,000 2,950 50,000 2~,o~ ~ 1,000 5,000 ~20,000 0 FY 2001 2,500 2,800 5,000 25,000 5o~ ~ ~4,000 0 0 2,800 10,000 ~25,0~- 0 1,500 2,500 6,000 1,500 250 2,750 2,060 Funding 2,000 10,000 ~ 25,0~' 500 3,500 1,000 60,1107---- 56,500 (1} Offset cash contribution with approximately $16,000 event overtime. (2) $250 per school with stipulation to offset cost of one student to go on trip, identify one child versus to offset costs of all attending trip of Commerce /iai Incentive - ABC _arpet FISCAL YEAR 2000-2001 EXI-IIBI~ B FY 20 Amount Recommend Funding Requested Funding Funding 0 of Domestic 25,000 20,000 20,00( Community Care 0 ociation of Retarded 3,000 Co. ~id~ 85,000 35,000~ 0 0 and 7,500 0 Crisis Se~ices 0 Centerof Beach 25,000 '3rug Abuse Foundation 30,000 40,000 51,200 0 0 27,500 27,500 7,000 House 0 0 3ter 2,500 0 3,500 Child Care Program ue 26,640 House 5,000 5,000 0 6,000 6,000 4,520 6,270 196 $196 (1) Additional CDBG contribution, $40,000 (2) Additional CDBG contribution, $1g,000 (3) Funding for Drug Abuse Foundation is distributed via Chris Evert Charities - $20,000 per year (4) Additional $8,000 given to Sandoway House in FY 2000 and 1999 to help pay contract settlement ($) Additional CDBG contribution, $12,000 FY 2000-2001 Exhibit C Agency Amount Total Budget Other Net Assets Number Number Requested Funding (Unrestricted) Served Served Delray Beach Chamber of 25,000 Residents Commerce Pineapple 30,000 Grove Main Street ABC-Carpet 26,500 Joint Venture 40,000 AVDA 25,000 1,109,604 Yes 527,046 25 shelters 3,216 123 outreach 16,678 school programs Alzheimer's 5,000 3,167,406 * Yes 180,455 3,200 192 patients Association Association 5,000 4,883,301 Yes (98,703) 175 families 65 Retarded Citizens 1,201 ind. Boy's & 85,000 277,676 Yes 1,862,345 672 618 Girl's Club 3,838,248 * Carver 15,000 340,000 Yes No report 270 135 Middle School Center for 7,500 168,838 Yes No report 359 33 Information 1,397,556 * Crisis Services Community 30,000 954,000 Yes 2,369,387 214 children ' 314 ? Child Care 185 adults Center Deaf Service 9,000 423,152 Yes 120,804 23,500 2,433 Center Drug Abuse 30,000 7,152,999 Yes 2,867,219 336/mo. 91 Foundation EPOCH 37,500 400,000 ops. Yes N/A N/A N/A 400,000 cap. Friends of 40,000 142,000 Yes 7,054 4,000 3,000 Sandoway House Mae Volen 5,000 6,231,396 Yes 1,969,618 314 130 Senior Center School 64,841 2,693,599 Yes N/A 7,700 525 District Palm Beach County Urban League 5,000 1,037,892 Yes 36,844 1,512 277 Wayside 8,000 719,392 Yes No report 115 63 House · overall agency bud,,et MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~'~ - REGUI.AR M~.RTING OF SEPTEMBER 19, 2000 CONTRACT ADDITION (C.O. #1)/AHRENS COMPANIES COMPLEX OVERHEAD DOOR REPLACEMENT) SEPTEMBER 14, 2000 This is before the City Commission to approve a contract addition (C.O. #1) with Ahrens Companies under the ESD/Parks Maintenance Building Expansion contract. The additional work includes removal and disposal of existing fiberglass garage doors at the complex, together with the furnishing and installation of 26 overhead steel sectional garage doors of various sizes and two rolling service doors at the Welding and Tire Shop. The rolling service doors will al/ow more clear c(fling space for lifting fire trucks when they are being serviced. The existing garage doors do not meet current windload standards. The proposed doors meet apphcable building codes and will match the doors being installed as part of the Parks Maintenance Building expansion project currently under construction. The pricing afforded under this contract addition will allow us to change out all of the garage doors at the ESD/Public Works/Parks complex as opposed to just the ten which were scheduled for replacement in the FY 2000 capital budget. Funding is available from 334-6112-519-62.10 (R&R Buildings Capital Outlay). Recommend approval of the contract addition (C.O. #1) with Ahrens Compames for the ESD/Public Works/Parks Complex Overhead Door Replacement project. RefiAgmemol 1.Contract Add. Ahrens. ESD Complex Overhead Door Replacement Agenda Item No. AGENDA REQUEST Request to be placed on: Date: September 12, 2000 X __ Regular Agenda __ Special Agenda __ Workshop Agenda When: September 19, 2000 Description of item (who, what, where, how much): Attached is an Agenda Request for City Commission approval of a Contract Addition (C.O.#1) to the ESD / Parks Maintenance Building Expansions in the amount of $43,930.28 to Ahrens Companies. The scope of work included is removal and disposal of existing doora; furnishing and Installing twenty-six (26) white Wayne Dalton Model C-2400 overhead sectional garage doora of various sizes at Environmental Service/Public Works/Parks complex; and furnishing and installing two (2) white 12' x 12' Wayne Dalton Model 820, rolling service doors at Garage Welding/Tire Building Funding is available from account 334-6112-519-62.10 (R&R Buildings Capital Outlay) ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recomm, p~ls the_Ci~i.i.i~ Commission approve C. O #1 Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)[ Budget Director Review (re, gu~d on all items involving expenditure of funds): Funding available:~ES~NO Funding alternatives(if applicable): Account No. & Des~cdption ..~$ Account Balance~rjJ~. City Manager Review: ' Approved for agenda: ~'~S~NO Hold Until: ~ ~ ' I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~051~ag~qcoldoors ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM mo~ From: Date: Subject: David T. Harden ~iotYwaMr~ n~lgge~t /~ Dep Dir Constructi~ Di~,ision September 12, 2000 AGENDA REQUEST for 09/19/2000 ESD Maintenance Building Expansion (00-51)/Parks Maintenance Expansion (99-32) Change Order #1 - ESD Complex Overhead Door Replacement Attached is an Agenda Request for City Commission approval of a Contract Addition (C.O.#1) in the amount of $43,930.28 to Ahrens Companies. The scope of work included is removal and disposal of existing doom; furnishing and Installing twenty-six (26) white Wayne Dalton Model C-2400 overhead sectional garage doom of various sizes at Environmental Service/Public Works/Parks complex; and furnishing and installing two (2) white 12' x 12' Wayne Dalton Model 820, rolling service doom at Garage Welding/Tire Building. All doom meet applicable CDB Building Codes. Sizing and pricing per proposal dated 9/9/00 from Wayne-Dalton of Palm City attached to C.O. #1. Specific door installation locations are per attached site plan. The approved FY 99/00 Capital Budget included $90,000 for the replacement of ten doom at the City Garage (8), Building Maintenance (1) and Purchasing (1). There are eighteen other fiberglass doom that were originally installed the same time as the ones approved in the budget. The existing doors do not meet current CDB Building Dept standards for windload. Additionally, the proposed doom will match the new doom specified on the new Parks Maintenance Building Expansion currently under construction. All of the doom will be steel sectional overhead doors (model C-2400) similar to the design of the existing fiberglass doom except for the two doors in the building identified on the attached drawing as the "Welding and Tire Shop". These two doom will be rolling service doom (model 820) which will allow for more "headroom" clear space at the ceiling than the overhead doors. The additional clear space will enable the Garage personnel to raise the fire trucks higher on the lift so that they can more efficiently work under them. Funding is available from account 334-6112~519-62.10 (R&R Buildings Capital Outlay) cc: Joe Weldon Bob Barcinski Bill Darty Dan Beatty s\...\005 l~agmemco 1doors CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1) PROJECT NO. 99-32 / 00-51 DATE: PROJECT TITLE: ESD Maintenance / Parks Maintenance Building Expansions TO CONTRACTOR: Ahrens Enterprises, Inc. d/b/a Ahrens Companies, 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: Furnish and Install twenty-six white Wayne Dalton Model C-2400 overhead sectional garage doom of various sizes at Environmental Service/Public Works/Parks complex. Furnish and install two white 12' x 12' Wayne Dalton Model 820, rolling service doom at Garage Welding/Tire Building. All doom to meet applicable CDB Building Codes. Sizing and pricing to be in accordance with attached proposal dated 9/9100 from Wayne-Dalton of Palm City. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS,CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 3.9 % TOTAL PER CENT INCREASE TO DATE 3:9 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, $352,909.09 $0.00 _$352,909.09 $43,930.28 $396,839.37 0 CALENDAR DAYS. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in 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. CONTRACTOR (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-6t 12-51g~2.1o (R &R Capital Outlay Buildings) DEPARTMENT RECOMMEND: ENGINEER/DIRECTOR APPROVED: CiTY A']-I'O R NEY s:\...\0051\CO1doom FUNDS BUDGETED CODE CERTIFIED BY DEl;RAY BEACH, FLORIDA By its City Commission By; MAYOR ATTEST: By: CITY CLERK Z m P"l --I 7~ PARKS AND ~ECREATION BUILDING IMPOUNDED VE~ STORAGE LOT NE~ ADDITION ANIMAL SHELTER ,x'FON OF PALM CITY PHONE NO. : I 561 228 1757 PROPOSAL WAYNE-DALTON OF PALM CITY 2879 SW42nd Avenue Palm Ci~, FL 34990 561-283-4168 1-800-273-2928 Fax 561-220-1757 DATE 09/07/00 P.O. Sap. 06 2000 Oi:06PM P3 CUSTOMER NAME: JOB NAME / LOCATION: Ahrens City of Delray Beach Attn; Dove 434 S. Swinton Avenue Ph: 561-863-9004 Delray. FL 1-863-9007 2 12 × 12 Primed Wayne Dalton Model 820, Rolling Service Door, Right Hand Chain Hoist and Botlom Slide Lock, Dade County Approved 8 12 x 12 White Wayne Dalton Model C2400, Sectional Garage Door, 31 P.S.F. 1 9 x 10 White Wayne Dalton Model C2400, Sectional Garage Door. 31 P.S.F. 12 10 x 10 White Wayne Dalton Model C2400, SeGtional Garage Door, 31 P.S.F. 2 12 x 14 White Wayne Dalton Model C2400, Sectional Garage Door, 31 :P.S.F, 2 8 X 10 White Wayne Dalton Model C2400, Sectional Garage Door, 31 p.S.F. -, 1 14 x 14 White Wayne Dalton Model C2400, Sectional Garage Door, 31 Total Price P,S,F. $41 ~018,00, All prices ara valid for 30 days. Warrar~ begins from date of installation. Prepped by: George Cavil All electrical wiring on operators done by others. Installation quote on , j-,~. ~'-~t ~¢~J . _ prepared openings by others, WAYNE-DALTON OF PALM CITY RESIDENTIAL SALES Terms & ConditionS: ay accepting this proposal, customer acknowledges acceptance or work and materiels on this proposal and payment is due in 30 days after r~turri end approval or credit application, Customer agrees to pay all costs including a reasonable attorney fee, whether suit is brought or not, if collection 13rocedures become necessary. Seller sells to buyer and retains a security interest in the g~3ds listed above Goods tes~iied by Wayne Dalton, Corp. at the location listed above rot the price end on the terms stated above, Goods shall remain personal groperty regardless of an aff~xallon te realty end seltsts retained secudty interest in the goods shall continue until the full purchase price shall be paid by the buyer ts the setter to c~Sh. In the event or buyer's default, setter may exercise any of it~ rights end remedies under ~he Uniform Commercial Code in force in Ftsdda at the d~te of this Agreement and no Customer Acceptance: Signature ..... // Date F[~OM : ~RYNE DRLTON OF PRLM CITY PHONE NO, : i 561 220 1957 S~p. 05 2000 02;35PM P5 WIND LOAD SPECIFICATION S~ze: 10'2"Mox. Wid. th,16'MGx. Heigh't-- Test So-pie: (4) SECTION - 10'2" 8' × NOTES: 1. Struts, track, and door steel to have o minimum yield of 53,000 PSI. TRACK DIPPED OALVANIZED. 3/8-1~ x 3/4' LO T~USS HEAD BDLF ~ NUT, HORIZ(~?AL TRACK (,0~0 ~IN). & NDT (?) REGUIRCD, UPPER · LO¥~R F,~,STCNE O WITH 0 (FOR WOOD ~/~-~o x ~/~- kG ~AC~ 80tT DRAWING NO. IR£v OPTION coo~- / C20 & C24 & C24.00 PACE FROM : WAYNE DALTON OF PALM CITY PHONE NO. : i 561 220 1757 S~p, 85 2000 02:35PM P6 COMPONENT DESCRIPTIONS 2,g4 SECTION CONFIGURATION ,-~'"~'~ ...... ~t-- -':-':-7 ..... ~ .....'~!"-':-"' !::::::::z z :: 1c ::::::::::::::::::::::::::::: OR^WINO NO. REV OPTION CODE C,-,,0 wPqR f-lF~ ~; P I C24- & C2400 Q~ZL ~ re ,*,-, ,,,,. ........ F'I~O~J' ~IRYNE DRLTON OF PRLM CiTY PHONE NO. : i 56:1- 220 1757 WAYNE DALTON Se;,. 05 2000 02:33PM P1 WINDLOAD CONVERSION TABLE L~ISQ. F~. MILES/HOUR IN. WATER LBS/SQ. FT. P,:/: MPH IN. H20 PS/: "' lC2p 19,76 O,lv 49,~ 200 27.~5 0,38 ~.~ 3~) ~.23 0,57 ~ ~) 39.~ 0.7O 500 44,19 0.95 ~.~ 0 ~) 48.41 ] 16 700 52,~ 1.34 ~,~ 4 ~ 55.~ 153 ~,~ 9 ;~.~ 59.~ 1 72 57 lO 33 62.~ 1 ~ 1 58.~ I' 9) 6&~ 2,10 12~ ~.47 2.~ ~,~ I;3~3 71.26 2.49 61.~ 13 ~0 7L53 2.51 1~,~3 73.95 2.~ ~5~ 76.~ 281 ~,~ 16.~ ~,53 3.18 ~.~ I 7~ 81,4Q 3,25 67,~ I&~ ~.85 3,45 ~ g .~) 86,15 3.~ 69.~ 2C,~ 88.39 3,B3 70.~ 2C L~ 8~,49 3 93 2~ ~ ~,57 40~ 72.~ ~2 (~ ~.70 4,2~ 73,~ 23.~: 94,79 4.41 74,~ 2~.~ 96,82 4,~ ~5,~ 2~ 80 98.43 4.75 76,~ 2~ ~ 98.82 4.79 77.~ 2~ ((, I~,78 4.~ 78.~ 27,~ 1~.70 5,17 79,~ 33~ 113.~ 6.33 ~,~ 34~ 115.24 6.52 87.~ 35.~ 116,93 6.71 ~.~ 37~ 1~,~ 7.10 ~,~ 38.~ 12l,~3 7,~ 39.~ 123,43 7,48 '~ ~ ~25.~ 7.67 ~3,~ 41~ ~ 26.~ 7.87 94,~ ~2~ 128.~ 8.~ ~5.~ 43.~ 1~,~ 8.25 · 96,~ ~.~ 131,10 8.a4 97.~ 48~ 132.~ 8.~ 98,~ ~'~ 1~,~ 8.83 ~.~ ~7,3) 135.~ 9,~ 1~,~ 4&'~ 1~,93 9.21 MILEiS/HOURji i~ = ~N' W~T~ MPH IN, H20 138:38 9,41 139.75 141.14 9.79 142.52 9,9B 143,89 1018 145.24 10.37 146.58 1056 147.9g 10.75 149,22 10.95 1~.52 11.14 151.81 1133 1,53,09 11,52 154.36 11,72 155.62 11.91 156.87 12.10 t58.11 12,2~ 159.34 12.49 1~,57 12.6~ 161.78 1287 162.98 13,06 164.17 1326 16~,36 1345 166.54 13.6~ 167,71 13.84 16~.87 14.03 170.02 14.22 171.16 14,41 172.30 14.6 173 .a3 14,80 174,5,5 14.9~ 175.67 15.18 176,78 15,38 177,88 15.57 178,97 15,76 ' 180.06 15,96 181.14 16.16 182,22 16.34 183.~x~ 1 184.35 1,%73 185.40 16,92 18,6.46 17.11 187,50 17.30 J8~,~4 17.50 189,57 17,69 190,~ 17,88 191.62 18,08 1~2,~ 18,27 193,~5 18,46 194,66 18.65 195.6~ 18,&5 )96,65 19.04 197,64 19.23 WLCNVTBL.XLS FC OU '" L ~JRYNE D~LTON OF PRLM CITY -1.9-2000 WED 0',49 PM WAYNE DRLTON£ST-$ .... PRODUCT CONTROL NOTICE OF ACCEPTANCE W-yne Dalton Corporation P.O. Box 67 PHONE NO. : 1 561 228 1757 S~p. 05 2000 02:33PM P2 F,qX NO, 1800336~422 ?, 01/03 ]%flA.%ILDAD£ COU~Y. FLORIDA M~RO.OADE ~AGLER 8UILDINQ ~UILD[NO CODE COMPLIANCE O~ICE M~-DADE FL~LER BUILDING MIAMI, FLORIDA 33t~15~ cONTRACTO~ ~C~NSING SECTION Nit. Elope, OI-I 44~0 CONTa.i.C'TORI~N~nC£MENT$~CTION ~ ~ PROD~ CO~ROL OlVlglO~ ~de~h~pte~ 8 o~e ~de oFMi~i.D~ Co~ty gove~ng ~e use of Alternate Materials ~d Types of Cowry Bullr - ~ - "aing Code Com~ plitco Office (BCCO) under ~c conditions speci~d hcrcln. This ~pproval shall not be valM ~r ~e expim~on date stated ~lew. B CCO tesewes ~e r~ht to secure ~b product or m~tcda[ a: ~lme from a jobsite o~ m~u~c~rer's pl~t for quali~ ~n~o[ testing. If~is product or mce~.fails to peffo~ ~ ~e approved m~eG BCCO may revoke, modi~, or so,pond the us~ otsuch p~duct or material i~ediately. BCCO re~es the right to mvo~ ~is appeova[, Wit is dete~ined BCCO ~at &is product or material fails to meet ~e r~utremen:s o~ ~e Sou~ Flcdda Building Cod~. The expense of such t~tlng will be incurred by th= m~',ufaeturer. Acceptance No.:95-1201.04''' ('Revises ~,lo.I 98-0820.0~ E x pit es: 01~ I ./g..0.0.2 Chief Product Con~rol Division THIS IS THE COV~R~ff~-T, SEE ADDITIONAL PACES FOR SP£CIFIC AND G~NE~L ' BUILDING CODE & PRODUCT ~VIEW COMMI~E This application for P~uet Approwl b~s be~n reviewe~ by ~e 8CCO ~d approved by the Building Code ~d Product Review CommiR~e to be used in Dado County, Florida ~nder t~e eondido~ set fo~ above, A pp roved: 03/04/1999 I of 3 Director MiamPDade County Builcii~g Code CompHmce O~ ~ 0~ t9~ I ; 'ON ~NOHd AII~ W~d ~0 N01~ ~NA~ : b~Z~ MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~' H. - REGULAR MEETING OF SEPTEMBER 19, 2000 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/AIO~.RBLOM CONTRACTING (REHABILITATION OF LIFT STATIONS llA, 25 & 53) SEPTEMBER 14, 2000 This is before the City Commassion to approve closeout Change Order #1 in the amount of $2,375.10 with Akerblom Contracting, Inc. for the rehabilitation of lift stations llA, 25 & 53 project. The change order encompasses miscellaneous adjustments which are itemized on Schedule "A" attached to the change order. Also requested is final payment in the amount of $12,038.71. The project is complete and has been inspected and approved by staff. Funding will be from 442-5178-536--61.83 (Lift Station Conversion to Submersible). Recommend approval of closeout Change Order #1 and the request for final payment to Akerblom Contracting, Inc. for completion of the lift station rehabilitation project. RefiAgmemol 6.Closeout. Akerblom Contracting. Lift Station Rehab Agenda Item No.: AGENDA REQUEST Request to be placed on: .._X__ Regular Agenda Special Agenda __ Workshop Agenda Date: September 13, 2000 I When: September/~, 2000 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for Change Order #1, Final to Akerblom Contracting, Inc. on the above referenced Project. It encompasses miscellaneous adjustments. All changes are itemized per Schedule A attached to the Change Order. Change Order #1, Final is for a net add of $2375.10. Funding Source 442-5178-536- 61.83- (Lift Station Conversion to Submersible). A budget transfer is attached. Approval is also requested to make final payment to Akerblom Contracting, Inc.. in the amount of $12,038.71. A Contractor Performance Evaluation is attached for you review. ORDINANCE/RESOLUTION REQUIRED: YE~I)RAFT A']-]'ACHED YES/~ Recommendation: Staff Recommends approval of Change Order #1, Final and Fina~ Payment to Murray Logan Construction, Inc. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r.,e.~p:~d on all items involving expenditure of funds) Funding available: (.YES]NO Funding altemative~'--" ' ' ' (if applicable) AACCount No. & Description .'-/-~o? -~/'7,t~.--~5~,~4,, -~'Z ~..~ ~-/- ~ ccount Balance~F/~/:'.~n~J)~f~.~/ ~ ~ ~..~ ~Z~.~. City Manager Review: Approved for agenda: .7~/NO~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agecol .doc Memorandum To: From: Date: Re: David T. Harden, City Manager vis'~ Howard Wight, Dep Dir Construction Di September 13, 2000 Rehabilitation of Lift Station #11A, #25 and #53 - Project 99-36 Closeout Change Order #1, Final and Final Payment Request Attached for Commission approval is an agenda request for Change Order #1, Final to Akerblom Contracting, Inc. on the above referenced Project. It encompasses modifications to the wet well top slab at Lift Station #11A and FPL service connection fee. All changes are itemized per Schedule A attached to the Change Order. Change Order #1, Final is for a net add of $2375.10. Funding Source 442-5178-536- 61.83- (Lift Station Conversion to Submersible). A budget transfer is attached. Approval is also requested to make final payment to Akerblom Contracting, Inc.. in the amount of $12,038.71. A Contractor Performance Evaluation is attached for you review. File: 9936A :colmem.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1), Final PROJECT NO. 99-036 PROJECT TITLE: Rehabilitation of Lift Stations 1 lA, 25 and 53 TO CONTRACTOR: Akerblom Contracting, inc. DATE: 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. Specific changes are per Schedule A attached. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE/DECREASE THIS CHANGE ORDER 1%% TOTAL PER CENT INCREASE/DECREASE TO DATE 1 $ 236,024.00 $0.00 $236,024.00 $2,375.10 $238,399.10 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 in proper ratio to the cost of the odginal work contracted for under benef'it of competitive bidding. for Akerblom Contracting~-i'nc. (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER 442-5178-536-61.83. (Lift Station Conversion to Submersible). FUNDS BUDGETED CODE RECOMMEND: for Environmental Services DELRAY BEACH, FLORIDA By its City Commission By: David Schmidt, MAYOR APPROVED: City Attorney \...\9936\constmt~colfrmack.doc A'I-rEST: By: ' City Clerk Rehabilitation of Lift Station #11A, #25 and #53 Schedule A, Change Order #t, Final PROJECT 99-36 Lift Station 11A Mobitization 1 LS $3,900.00 $3,90000 I LS $3,900.00 $3,900.00 Lift Station 11^ AS built I LS $1,000.00 $1,000.00 I L$ $1,000.00 $1.000.00 Lift Station 11A Rehabili{aflon 1 LS $74,382.00 $74,382.00 1 LS $74.382.00 $74,382.00 Lift Station 25 Mobilization 1 LS $3,900.00 $3,900.00 I LS $3,900.00 $3,900.00 Lift Station 25 As built I LS $1,000.00 $1,000.00 I LS $1,000.00 $1,000.00 Lift Station 25 Rehabilitation I LS $73,923.00 $73,923,00 I LS $73,923.00 $73,923.00 Lift Station 53 Mobilization 1 LS $3,900.00 $3,800.00 1 L$ $3,800.00 $3.900.00 Lift Station 53 As built 1 LS $1,000.00 $1,000.00 1 LS $1,000.00 $1,000.00 9 Lift Station 53 Rehabilifation I LS $73,109.00 $73,109.00 I L$ $73,109,00 $73,109.00 10 Indemnification 1 LS $10.00 $10.00 1 LS $10.00 $10.00 Modify top slab at #1 lA to maximize ciearnace to EOP 0 LS $1.575.00 $0.00 I LS $1,575.00 $1,575.00 New FPL Service Drop at Sfion #1t^ 0 LS $800.10 $0.00 1 LS $800.10 $800.10 ~ $236,024.00 $238,399.10 Net ADD Change Order #1, Final $2,375.10 [lTV DF DELRI:I¥ BEI:ICH CITY ATTORNEY'S OffiCE DELRAY BEACH 1993 DATE: September 13, 2000 200 NW ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7(190 · FACSIMILE 561/278-4755 nter s D rect L~ne: 561/243-7091 MEMORANDUM TO: City Commission FROM: Susan A. Ruby, City Attomey SUBJECT: Appointment of Outside Counsel in the Case of Jenkins vs. the City of Delray Beach The above case was served on the City on June 5, 2000. The suit contains counts for battery, false arrest and imprisonment, malicious prosecution, hate crime in violation of Florida Statutes §775.085, and negligent retention and supervision. Due to conflicts, our office recommends the appointment of outside counsel for the City in this case. It is our recommendation that Kent Pratt, Esq. be appointed to represent the City. The cost of representation is $100 per hour. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the September 19, 2000 City Commission agenda. Please call me if you have any questions. Cc: David Harden, City Manager Alison MacGregor, City Clerk Kent Pratt, Esq. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~"Ul AGENDA ITEM ~?.'-~'- REGULAR MEETING OF SEPTEMBER 19, 2000 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTION?, DATE: SEPTEMBER 14, 2000 Attached is the Report of Appealable Land Use Items for the period September 5th through September 15, 2000. It informs the Comtmssion of the various land use actions taken by the designated boards that may be appealed by the City ComSmssion. Recommend review of the appealable actions for the period stated. Receive and fi/e the report as appropriate. Re f:Apagmemo/Appealables/09.19.00 TO: THRU: FROM: SUBJECT: DAVlD~ T. HARDEN, CITY MANAGER /JASMIN ALLEN, PLANNER MEETING OF SEPTEMBER 19, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 5, 2000 THRU SEPTEMBER t5, 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 September 5, 2000 through September 15, 2000. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0, Perez-Azua abstained), a request for a color change forSamuel Potts Building, a mixed-use building located on the west side of NW 8th Avenue, north of West Atlantic Avenue (24 NW 8th Avenue). B. Approved (7 to 0), a Class I site plan modification associated with a change ~n the architectural elevation plan for Unity School Gym, located at the northwest corner of NW 22"d Street and Swinton Avenue (101 NW 22nd Street). C. Approved (6 to 1, DeCapito dissented), a request for a color change for My House, an existing commercial building located on the east side of North Federal Highway, approximately 800 feet south of Gulf Stream Boulevard (2613 North Federal Highway). City Commission Documentation Appealable Items Meeting of September 19, 2000 Page 2 D. Approved (7 to 0), a request for architectural elevation and color changes forCrane's Beach House, an existing residential building located at 82 Gleason Street. E. Tabled (7 to 0), a Class I site plan modification associated with a change in the architectural elevations for Whoa! (formerly Texas State of Mind Bar-B-Que), an existing restaurant building located on the west side of NE 6th Avenue, north of George Bush Boulevard (814 NE 6th Avenue). The Board tabled the item so that the proposed sign packet and elevations changes are reviewed concurrently. Approved (6 to 0, Bodker arrived late), a request for a Certificate of Appropriateness associated with a studio room addition for a single family residence located at 305 SE 7th Avenue. Concurrently, the Board granted a variance reducing the side interior setback from 10 feet to 8 feet for the length of the studio addition. Approved (7 to 0), a request for the demolition of a noncontributing duplex within the West Settlers Historic District located at 429 NW 1st Street. Approved (6 to 1, Keller dissented), a request for the demolition of a contributing single family residence within the West Settlers Historic District located at3'l NW 4th Avenue. Tabled (7 to 0), the request to demolish a contributing single family residence within the West Settlers Historic District located at120 NW 4th Avenue. The Board tabled the request until such time as a proposal to redevelop the property is presented. No Regular Meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attachment: Location Map C/TY OF DELRAY BEACH, FLORIDA - City Commission Meeting- SEPTEMBER 19, 2000 S.P.R.A.B.: A. SAMUEL POTTS BUILDING B. UNITYSCHOOL GYM C. MY HOUSE D. CRANE'S BEACH HOUSE E. WHOAI 305S. E. 7TH AVENUE 2. 429N. W. ISTSTREET 3. 3~ N.W. 4TH AVENUE 4. 120N. W. 4THAVENUE MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. ~. - REGULAR MEETING OF SEPTEMBER 19, 2000 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 14, 2000 This is before the City Commission to approve the award of the following bids and contracts: Bid award to Carolina Cabana Company (f/k/a Bandana Beach Service) for the rental of cabanas and beach equipment at the municipal beach for a period of three years beginning on October 10, 2000 and ending on October 9, 2003, with an option to renew for an additional three years. The City will receive a monthly rate of $3,570.00. Purchase award in the amount of $11,615.12 to Hector Turf, via General Services Administration (GSA) contract, for the purchase of one Toro Multi Pro 1100 Sprayer for the Municipal Golf Course, with funding from 445-4761-572-64.90 0Mumcipal Golf Course Capital Outlay - Other Machinery/Equipment). Purchase award in the amount of $24,300.42 to Kaiser GMC, via Florida State contract, for the purchase ora 2000 GMC 3500 heaW duty one ton flatbed truck as a replacement for a wrecked vehicle, with funding from 501-3312-591-64.20 (Garage/Vehicle Replacement -Automotive). Purchase award in the amount of $20,075.00 to Hydro Pumps, sole source provider, for the purchase and installation of two (2) high service water pumps to replace those at the south pump station and Owens Baker tank, with funding from 441-5143-536-64.90 (Water Maintenance - Other Machinery/Equipment). Contract award in the amount of $76,900.00 to Coral-Tech Associates, Inc. for the Police Department Communications Center modifications project, with funding from 334-6112-519- 63.22 (General Construction Fund - 800 MHz Radio System). Contract award in the amount of $517,270.00 to Chaz Equipment Co., Inc. for construction of the Breezy Ridge Estates Neighborhood Improvements project, with funding in the amount of $124,725 from 370-3162-541-65.48 (2000 Roadway Bond Program), $10,140 from 448-5470- 538-65.48 (Stormwater Utility), and $382,405 from 441-5161-536-65.48 (Water & Sewer New Capital Outlay). Contract award in the amount of $13,725.00 to Murray Logan Constmc~on, using an existing Palm Beach County contract, for labor and equipment to rehabilitate Lift Stations 58 & 93. The City will provide all materials. Funding is available from 441-5144-536-46.20 (W&S Lift Station Maintenance - Equipment Maintenance). Recommend approval of the bid and purchase awards listed above. RefiBid.Agmemo.09.19.00 £1T¥ OF DELRI1¥ BER£H DEL~AY BEACH AJI-AmericaCity 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation Bid #2000-39 - Rental of Cabanas and Beach Equipment September 8, 2000 Bids for the rental of cabanas and beach equipment were picked up by 4 vendors, and an invitation to bid was mailed to an additional 33 vendors. Only one vendor, Bandana Beach Service, our current cabana provider, responded to Bid #2000-39. As indicated by the attached letter, the name of the business is being changed to Carolina Cabana Company. The term of the contract is for 3 years, beginning October 1, 2000 with an option to renew for an additional 3 years. The contract is similar to past contracts that specify number of cabanas, storage, location, rental rates, assignability, indemnification and insurance. We did add, however, a clause requiring identifying attire and a photo ID badge. They will increase their minimum flat monthly rate by 2% or $70.00 per month for a total monthly rate to the City of $3,570.00. They have done a good job in the past several years, and I recommend they be awarded this bid. Please place this on the September 19, 2000 agenda for City Commission consideration. Diz~tor of Parks and Recreation Attachments cc: Barbara Garito, Ref :dh200039 Deputy City Clerk THE EFFORT ALWAYS MATTERS CarMIna Callana Cealpany 727 $.E. 2nd Aver, ue ~ } Debay Beach, FL 33483 ~ Phone ,561-243-9427/843-795-8634 (r Fax 843-795-8634 ~ Entail nowandthefl~b~LatLnet August 08, 2000 City of Delray Beach 100 NAV First St. Delray Beach, FL 37.~?. Dear Sirs: Bandana Beach Service, Inc. will be changing its business name to Carolina Cabana Co. effective with the award ora new Beach Cabana contract. At the time of Mr. Dana Banford's illness in 1995, the management of Bandana Beach services was assumed by the present operators of Bandana Beach Service. In the event Carolina Cabana Co. is successful in winning award of the new contract the present management team will remain in place as the new owners. If you have any questions, please call our General Business Manager, John E. 'Thomas at 843-795-8634. Erich C. 'Thomas President Carolina Cabana Company AGREEMENT FOR RENTAL OF CABANAS AND BEACH EQUIPMENT FOR THE MUNICIPAL BEACH THIS AGREEMENT is made and entered into this day of ,2000 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City" and CAROLINA CABANA COMPANY, a South Carolina corporation, hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, Contractor is engaged in the business of renting beach umbrellas, beach chairs and cabanas; and, WHEREAS, the City is desirous of engaging the services o~ Contractor for the purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the parties hereto agree as follows: 1. Scope of Services. The City will grant to the Contractor the exclusive right and privilege to conduct and operate upon the publicly owned beaches of the City a concession for the rental of beach umbrellas, beach chairs, and cabanas 2. Term of Agreement. The agreement term shall be for a period of three (3) years beginning on October 10, 2000, and expiring on October 9, 2003. The agreement may be renewed for one additional three (3) year period. If the City wishes to renew the agreement it will provide written notice to the Contractor prior to October 9, 2003. 3. Responsibilities of the Contractor. a. At no time will more than two hundred and fifty (250) cabanas be permitted on the entire public beach. b. The Contractor shall not interfere with private owner's use of their equipment on the beach. c. The Contractor shall exercise reasonable care to avoid damage to City property, including dune, vegetation, and sand fence. Any facility needed for equipment storage must first be approved by the City. d. The Contractor shall provide normal daily cleaning of the beach cabana area; provided, however, the Contractor shall be under no obligation to clean the beach of seaweed or other material washed ashore by wave action. The City shall maintain receptacles for trash collected by Contractor's employees. e. Contractor's attendants/employees shall wear uniforms or some identifying attire acceptable to and pre-approved by the City. Contractor's employees will also wear a photo ID badge at all times while performing services under this agreement. f. Contractor's attendants/employees must be on-site at all times during operating hours, and must notify the Ocean Rescue Office if for some reason an attendant/employee cannot be on-site. Operating hours are from 9 a.m. to 5 p.m. seven days a week. 4. S~toral~e. No equipment shall be left upon the public beach after the hour of 8:00 p.m. on any day; provided, however, that cabanas do not have to be removed except if hurricane warnings are issued for areas which include all or a portion of the City of Delray Beach, Florida area by the Hurricane Advisory Center of the United States Weather Bureau in Miami, Florida. Thereby, the Contractor shall immediately cause all equipment, including cabanas to be removed from the public beach and stored in a safe manner elsewhere; equipment shall not be returned to the beach as long as said hurricane warnings remain in effect, and until permission is granted by the City. 5. Location of Cabanas. The Contractor shall be subject to the direction of the Parks and Recreation Director and Ocean Rescue personnel with respect to the location of beach equipment and the area in which cabanas may be located. Any failure by the Contractor its attendants/employees to follow the direction given by the Parks and Recreation Director or Ocean Rescue personnel may result in the termination of this contract. 6. Compensation to CiR. The Contractor shall pay Three Thousand Five Hundred Seventy and no/100 ($3,570.00) dollars to the City each month as well as 6% state sales tax on the monthly amount. Payment shall be made to the City five (5) days prior to the first day of each month. Failure by the Contractor to make payment in accordance with the time stated above may be grounds for termination of the contract. If contract is terminated due to the default of the Contractor, no part of any payment shall be refunded to the Contractor. If the contract is terminated without cause by the City, the City will refund a pro rata portion of the payment received. In the event of a hurricane or some other act of god and the Contractor is denied access or use of the municipal beach, the Contractor may request that it only be required 2 to pay the above stated amount to the City based upon its ability to gain access or use the municipal beach. The City shall reasonably consider the Contractor's request in this matter, however, any decision to grant relief to the Contractor shall be at the sole discretion of the City. 7. Rates Charged for Umbrella's, Cabanas, etc. All rental rates for beach umbrellas, chairs, cabanas and similar beach equipment shall be approved by the City Manager or his/her designee. Any increase in rental rates must have prior approval of the City Manager or his/her designee. All rentals of equipment shall include a ½ day and full-day rental rate. The rental schedule shall be posted in a conspicuous place at the public beach, in a form and location approved by the City Manager or his/her designee. 8. Licenses. The Contractor shall maintain a valid City occupational license. Contractor shall make application for, and obtain at its own expense all necessary permits from any governmental entity or agency requiring such. Contractor specificaily agrees to obtain the necessary permits, if any, from the Division of Beaches and Shores of the Department of Environmental Protection, State of Florida. Any permits and the expense of obtaining such shall be at no cost to the City. 9. Assignability. The Contractor may not subcontract, transfer or assign any portion of the agreement without the express written consent of the City. 10. Termination of Agreement. This Agreement may be terminated by either party for failure to abide by any term or condition of this Agreement. This Agreement may also be terminated by either party, with or without cause, upon 90 days prior written notice. 11. _RRemoval of Equipment. The Contractor agrees to remove any of its equipment used in connection with the agreement upon demand of the City Manager or his/her designee. Such removal shall suspend the Contractor's obligation to pay the required monthly fee in an amount proportionate to the number of days during which the removal is requiied. Any removal required by the City which is in excess of twenty (20) days shall be deemed a noncompliance, and the Contractor may void the agreement. 12. .Indemnification. For and in consideration of the mutual promises herein contained and other good and valuable considerations, the Contractor agrees to indemnify, save and hold harmless and defend the City, its officers, agents and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of Contractor, its agents, servants or employees in the performance of services under this agreement. The Contractor further agrees to indemnify, hold harmless and defend the City, its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of Contractor for which the City, its agents, servants or employees are alleged to be liable. The indemnifications contained herein shall survive the expiration or earlier termination of this Agreement. 13. Taxes. Contractor shall be liable for any and all taxes, other than the state sales tax, which are or may be imposed as a result of this Agreement. Taxes shall be paid to the appropriate authority. 14. Proof of Insurance. Contractor shall provide the City with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A" to this Agreement. Proof of such insurance shall be due by thirty (30) days prior to October 10, 2000. The insurance shall name the City as an additional insured. 15. Cancellation by City. The occurrence of any of the following shall cause this Agreement to be automatically terminated: A. Institution of proceedings in voluntary bankruptcy by Contractor. B. Institution of proceedings in involuntary bankruptcy against Contractor if such proceedings lead to adjudication of bankruptcy and the Contractor fails within ninety (90) days to have such adjudication reversed. 16. Notices. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33~.~.~, To Contractor: Carolina Cabana Company 1115 Arthur Drive Charleston, S.C. 29412 or to such other addresses as either party may designate in writing. 17. _Interpretation. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 18. Personal Pro_gg__._r~. City assumes no responsibility whatsoever for any property placed on the public beach by Contractor, its agents, employees, representatives, independent contractors or invitees. City is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property. If any claim or cause of action is brought against the City relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the City, then Contractor shall defend any such action in the name of the City provided, however, that City reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. Ail costs and fees associated therewith shall be the responsibility of Contractor under this agreement. 19. Independent Contractor Stat~,~. Contractor and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of th~s Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 20. Warranty. Except as otherwise provided for herein, the City and Contractor represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either City or Contractor is a party. 21. Entire Agreement.' This Agreement constitutes the entire Agreement between the City and Contractor in respect to the subject matter of this Agreement and supersedes all prior agreements. 22. Execution and Delivery. Required. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of Contractor or City, or either of them, unless and until it has been signed by representatives of Contractor and City and delivery has been made of a fully-signed original. 23. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 24. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 13/ WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: By: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLOR/DA By: David W. Schmidt, Mayor By: City Attorney WITNESSES: Witness Print Name: ~"~-, Erich C. Thomas, President Witnes~] Print Name:~e t' (Seal) STATE OF FLORIDA COUNTY OF PALM BEACH ~he foregoing instrument was acknowledged before me this fSDLday of , 2000 by Erich Thomas as President of Carolina Cabana Company, a South Carolina corporation, on behalf of the corporation. He/She is personally known to me/or has produced drivers license as identification. ~-gnature of Notary Public - State of Florida 7 09/07/00 THU 15:11 FA~ 561 275 4755 DEL BCH CT¥ A3 PY C'XHIB1 T I ~002 IN ~URANCE REQUIREMENTS ~efore starting and until accep~am~e of ~he work by the City, ~he contractor shall procure and maintain insurance cf the types and to the limits specified in paragzaphs (l) to (4) inclusive below: COVERAGE Except as otherwise stated she amounts and types of insurance shall conform ~o the following minimum requiremez~ts: I. WorWers' Compensation - Coverage to ap~ly for ali employees for Statutory L~mits in compliance with the applicable sta~e and Federal laws. In addition, the policy m~st include Employers' Liability with a limit of $100,000 each acc~deut. 2. Comprehensive General Liabllit~ - Coversge mus~ be afforded on a form no more res:ri:Clue than the latest ~dition of the comprehensive Cenoral Liability Fclicy ~illed by the Insurance Services Office and mus~ include: a) ~ni~m l~ts of $300,000 per occurrence combined single limit for Bo~lly InJu~ L~abll~ty and Proper~y Damage Ltabili~y. b) Pre~ses and/or c) Independent Contra:curs. 4) ~roduccs and/or C~leced Opera:ions. e) No exclusion for Underground, ~p~csion or Collapse hazards.. Bus,ness Auco Polic~ Coverage m~sC be afforded on a fo~ no more resCricc~ve than the la:eec edition of the Business Auto Pol~cy f~led by the lnsurance Service Office and ~sc include: a) ~ninun Limits of $300,000 per occurrence co, load limit for Bodily Injury Liability and Property Damage Liability. b) ~ed Vehicles. c) Hire4 and Non-~ed Vehicles. E~loyer ~er~lftca:~ of Insurance Certificates of all insurance · vid~nc~ng ~he Insur~ce coverage s~ectf~ed ~n paragraphs (i) ~o (3) lnclus~ve shall be filed w~h ~he City Insurance ~m~n~s=ra~or prior co co~nce~n~ of ~rk. The re~uired certifY:aCes of ~nsurance shall hOC onl[ of policies ~rcvided, bu~ sh~l also r~fer s~ecifical[~ ~ld aud section and ~ above paragraphs ~n accordance such i~urance is beiu~ furnished, and shall state that suc~. insurance is reguired b~ such paragraphs of chis con,race. The successful bidder w~ll include the City of Oelra~ Beach as an additional ~nsvred. If the ~nit~al insurance expires prior to the completion of the work, renewal c~rciflcaces shall be furnished th2rky (30) days prior ~o the 4a~e of explra~iou. Also, under the Can:ellacion sac:ion of the Insurance Cerclfication "endeavor to" and "but failure to ~21 such no~lce shall impose no obliga~ion cr l~abillty of any kind upon the company, its agents or represen:aciwes" shall Be crossed omc as indicated on the ac:ached "S~ple of Insurance Cercifica~e". AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Date: Sept. 7, 2000 XX ~egular Agenda __SpecialAgenda __WorkshopAgenda When: September 19, 2000 Description ofagendaitem: Request approval of and awarding Bid #2000-39 to Carolina Cabana Company (formerly Bandana Beach Service). They will pay $3,570 a month to the City in income. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO x NO x Recommendation: Approval. Determination of Consistency with (~o~nprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved No (if applicable) No Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph~ Finance Director September 13, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 19, 2000 - PURCHASE AWARD PURCHASE OF TORO MULTI PRO 1100 SPRAYER FROM HECTOR TURF Item Before Commission: City Commission is requested to approve purchase award to Hector Turf for the purchase of one (1) Toro Multi Pro 1100 Sprayer for the Municipal Golf Course for a total of $11,615.12 via the GSA (General Service Administration) Contract #GS-07F-9956H. Background: The Delray Beach Municipal Golf Course is in need of a new sprayer as the current sprayer is 13 years old and the controls are beyond reasonable repair. This Toro Multi Pro 1100 Sprayer is available from the GSA (General Service Administration) Contract #CG-07F-9956H which was awarded to Century Equipment Inc. - Toro. See attached documentation from GSA Federal Supply Service showing the award to Century Equipment Inc. - Toro. This contract is in effect till February 28, 2001. The local dealer for the Toro in the South Florida area is Hector Turf as stated on attached memo from Hector dated August 21, 2000, and their quote stating they will extend to the City this GSA Contract pricing. The Manager of the Delray Beach Municipal Golf Course recommends the award to Hector Turf as per attached memo dated September 12, 2000. Recommendation: Purchasing staff recommends award to Hector Turf for the purchase of one (1) Toto Multipro 1100 Sprayer at a total amount of $11,615.12. Funding from account code 445-4761-572-64.90. Attachments: Memo From Golf Course Letter from Hector Turf Century Equipment Inc. To: Bob Barcinski GC: Brahm Dubin ~ I:rom: Cindy Doll ~'J- Date: 09/12/00 Proposed Purchase Toro Multi Pro 1100 Sprayer We would like to purchase a new Toro Multi Pro 1100 Sprayer. We would like to purchase this in the current fiscal year (99-00). The Toro Multi Pro 1100 Sprayer would be for the Municipal Course. This spray rig would replace the one that we are currently using, According to Tom Arendt, we are currently using a Toro Multi Pro 1100 Sprayer that is approximately 13 years old. Tom is unable to provide engine hours and or mileage as this piece of equipment has no gauge of this type. Attached please find a memo from Tom Arendt to Brahm Dubin regarding this purchase along with all backup for this purchase order request. Please contact me at 561 - 265 - 0255 if you need any further information. Memo Tm Brahm Dubin From:Tom Arendt Dram o8/23/oo We rccd to purchase a spray rig for the Delray Golf Club. We are presently using a machine that is 13 years old. We put a new engine in it a few years back but the frame is rusted and the controls are beyond reasonable repair. I recommend that we purchase a Toro Mulfipm 1100 as per the u~ched price. We have been running two of these machines for years at Delray and Lakeview ~ good results. They do a good job and have bccn very durable and easy to repair. We can purchase off a GSA contract GS-07F-9956H, (copy a{~ched)'for $11,615.12. 0g/~7/2000 02:22 561243?386 DELRAY BEACH GOLF CL PAGE 13101 N.W. THIRD STREET l DEERFI~LD II,ACH. FL 33442 TEL: (g54) 429-3200 · FAX: (9:~4) 360 7657 03 August 21,2000 Mr. Tom Ardnotti Golf Coursq Superintendent Delray Beaeh Municipal Golf Course 2200 Highland Ayenue Delray Bern;h, FL; 33445 Dear Tom:, We are pleased tO offer the following quotation for your consideration: [0deli# Description... Unit Price [105: Toro Multi Pm 1 I00 Sprayer $il,615.12 :: 160 Gallon Capadty Manual Valve Spray Control 18.5 Ft. Boom Width ~ Power St~ring ,, Toro Two-Year/1500 Hour Factory Warranty Hector 'Turf l, iH extend GSA pricing to Delray Beach Municipal Golf Course. The above c~uotation is based upon your acceptance within thirty (30) days from the date of this lette,r and '~is subject to manufacturer's availability and Florida State Sales Tax (if applicable) ; Our terms of sale are Cash on Delivery or upon credit approval, Net 30 days. Thank you for thg opportunity to provide you a quotation on the above merchandise. If you have ~[i. yqu~ttions or ..... require additional information please contact me at (954) 429- 3200 Ext..3,!14_ We appreciate your interest and look forward to doing business with you. Sincerely, ' HECTOR 41JRF ~ Thomas B. DeyoUng Account R~i~Presehtative Commerci~d/Irrigation Products TBD:lk 09/~7/~000 02:22 MODEL SIN-NO ~(~ER 251-05 41305 251-09 41320 251-09 412L28 251-09 251-09 41:~19 251-09 411%22 251-09 41038 251-09 412,30 251-09 41020 251-09 41021 251-09 41:~55 251-09 413156 251-09 41(113 251-09 40025 251-09 41022 251-09 41(124 251-09 99-0482 251-09 41(126 251-09 41030 251-09 ~1[132 251-09 41084 251-09 41089 251 09 41324 251-09 41350 251-09 41].52 251-09 41356 251-09 41]23 251-09 41385 251-09 92-8240 251-09 93 6184 251-09 93-6204 251-09 41191 251-09 41192 251-09 41193 251-09 95-9242 251-09 41358 251-09 41359 DELRAY BEACH GOL~ CL CENTuKY EQUIP~NT, 3[NC. G~A PRODUCT PRICK LIST EFWECTI~FE ~%RCH 1, 1996 T~L~g FEBRUARY 28, 2001 CONTRACT NI~4BER: GE~07P-9956H DESCRIPTION GSA PRTCR MULTI-PRO 1100 Multi Pro 1100 Base Unit ~mTI-PR0 li08 REQUI~ACCESSORIES Sprayer Tank 160 Gallon (1 Required) Sprayer Pump 1000 (1 Required) atr~T1-PRO 1100 SPrAYeRS (Choose 1} 8,385.30 724.]8 518.59 .... Injector Pro Sprayar Syet~m .................... Base S~stem W/Main Tank, O~e Injection p%m~p 8,273.26 One InIection Tank, & Electronic Controls .... Manual Volvo Sprayer System .................... lw~ulual Valve Spra~r System (w/Tachometer) 807.34 -Stondard Electric Sprayer System Electric Valve Sprayer System (W/Tachometer) 1,210.44 .... Pro Control Electric Spray, r Sy, t,m Pr'c) Co~trol Electronics (1 Requirsd) 2,308.84 Pro Control Sprayer System (1 Required) 60] 75 ~.TI-PRO REQUIRED ATTAC~YM~NTS (Choose 1 S.t) ---Set 1 - I8 1/2 ~oot Boo~ Syet~ Center Boom (1 Required) 1,111.11 Extension Pipes (1 Required) 6~ 60 -Set 2 - Enclosed Boom Syst~z~ ..................... Enclosed Boom System Enclosed Boom 1100 Mount 4,358.97 1,533.84 PRO llO0 OPTIONAL ACCESSORIES Digital Speedometer 281.82 Sprayer Protection System 1,048.74 Hand Gun Kit 155.92 Single Nozzl, Kit (Boomless Sprayer) 83.16 Triple Nozzle Kit (Boomless Sprayer) 238.48 Elactr~c Hose Reel Kit 1,097.25 Electric Boom Li~t Kit (1 R~guired) 851.23 Shock Absorbing BOO~ Pivot Klt 188.26 Pro Foam Concentrate (6 one gal.p~r case) 194.04 Sonic Boom 1,797.18 Foam Marking Kit 1000 576.34 Pa 17 Spreader/Topdresser 1,843.38 Pa-17 Mountinq Kit (1 R~ql/ired to Mouant 41150) 1,107.64 HOpper Cover (For 41150) 159.39 Pto Kit 250.63 (Required TO Mount Pa-17/21 To 3 Pt. Tractor) Operator Enclosure (For 41185) 1,917.~0 RePS 1100 (1 Required) 516 28 ROPS Retro Fit Kit (Fits Model 41105) 75.33 Splash Guard Kit (Fits Model 41105) 84.9~ Digital Speed / Tach Kit 68.38 Additional Injection Pu~p & T~tnk For 41190 4,234 23 Additonal Injection T~k & Saddle Assen~oly 484.49 For ~1190 Agitator Motor & Shaft Asse~d~ly For 41190 492.03 Solenoid ~ounting Kit (Fits 41130 & ~1230) 23.82 Enclosed Walk Boom 1,235.85 Enclosed Walk Boom Trailei 334.95 PRICES QUOIED FOB DESTINATION WITHIN T~E 48 CONTIOUOUS STATES, WASHINGTON DC, OR ~F. AREST PORT OF E~AJtKATION FOR 0VERR~AS S~IP~4~V~S PAGE 2 AGENDAITEM NUMBER: AGENDA REQUEST Requesttobeplacedon: September19,2000 Date: September 13, 2000 __ Workshop Agenda XX Consent Agenda __ Special Agenda When: Description of agenda item: Approve pumhase of one (1) Toro Multi Pro 1100 Sprayer for the Municipal Golf Course from Hector Turf for the total amount of $11,615.12 via the GSA (General Service Administration) Contract #GS-07F-9956H. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve award to Hector Turf for the purchase of one (1) Toro Multi Pro 1100 Sprayer for the total amount of $11,615.12 via the GSA Contract #GS-07F-9956H Funding from account code 445- 4761-572-64.90, Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items.J, pvolving expenditure Funding available: Yes ~N~ll'l~<~c> Funding alternatives: Account Number: Account Description: Account Balance: '~ .._~/~'~ ~ ~ .. ~o -'/.- City Manager Review: Approved for agenda: e~/) ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved of funds): (if applicable) U~ [IT¥ DF DELRfl¥ BERgH p E, LR,?, B,e^SH~ Ail-America City '199~ TO: FROM: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 MEMORANDUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager DATE: September 13, 2000 SUBJECT: Agenda Item City Commission Meeting September 19, 2000 Approval - Vehicle Replacement ACTION City Commission is requested to approve the purchase of a year 2000 GMC 3500 heavy duty one ton flatbed truck from Kaiser GMC off State contract number 070-650-010 in the amount of $24,300.42. Funding is available in FY 00-01 Vehicle Replacement account number 501-3312-591-64.20. BACKGROUND Vehicle number 653, a 1992 Ford F-350 long wheel base one ton truck, was wrecked in August. This vehicle was declared totaled by our insurance adjuster and is used to carry tools and equipment for concrete work performed by the Streets Maintenance Division. We do not have a comparable vehicle in the fleet to utilize. The vehicle proposed for purchase is a like vehicle available from State contract. We will be able to use the toolboxes, storage racks and warning lights from the wrecked vehicle. RECOMMENDATION Staff recommends the purchase of a year 2000 GMC heavy duty one ton flatbed truck from Kaiser GMC in the amount of $24,300.42 under State contract number 070-650- 010. Funding to come from FY 00-01 Vehicle Replacement account number 501-3312- 591-64.20. RAB/tas File:u:sweeney/agenda Doc:Vehicle replacement 091900 THE EFFORT ALWAYS MATTERS TO: FROM: MEMOR,4 ND UM Bob Barcinski, Assistant City Manager Bill Darly~ Fleet Maintenance Coordinator DATE: September 1 t, 2000 SUB J: TRUCK I am requesting that we proceed w/th the purchase of a new xehiCte ~o re¢laced track 6~'~fich was deemed a total loss aCter the Augmst ,;8, 9000 accident. I contacted Kaiser GMC, who has the current state contract and attained a quote on one of the lwo mtcks that are still available. We can purchase a 2000 GMC 3500 heavv duty. 15.000 LB GVWR fi-,r $20.775.00. We would need optic;ns $006-st~,ke body tanks for $300.00, 8020-159.5" wheel base $129.42, DF2-camper rein'ors for $56.00, m~d GMPP-6-60-6 year/60,000 mile extended warranty for $690.00 . The total price per state contract #070-650-010 would be $24,300.42. The track coOd be delivered in 2 to 3 weeks. Attachments: state contract quote l:~tcrcity auto appraisal FROM FAX NO. : S~p. 06 ~000 04:43PM Pi Intercity Auto Appraisal Service, Inc 5820 South Dixie Hwy., West Palm Beach, FL 33405 Telephone: 561-586-2023 Fax: 561-586-1279 Date: 09/06/2000 Time: 17:89 Fax Cover Sheet Form No: 30322 Company: CITY OF DELRAY BEACH 100 NW FIRST AVENUE DELRAy BEACH, FL 33444 ? Fax: 1-561-243-7166 i RE: Insured: CITY OF DELRAY BEACH Owner. CITY OF DELRAY BEACH Claim/Policy: UNIT 653 D/L: Note: THE CAB AND CHASSIS OF THIS TRUCK SUSTAINED SEVERE F~AME DAMAGE AND REPAIRS ARE NOT RECOMMENDED. THE FLAT BED BODY OF THE TRUCK CAN BE INSTALLED ON ANOTHER UNIT. I PREPARED AN EVALUATION REPORT COVERING THE CAB AND CHASSIS ONLY I ALSO SECURED SALVAGE BIDS, ON THE CAB AND CHASSIS, FOR YOUR ASSISTANCE IN HANDLING. From: BILL COTTON FROM FAX NO. : S~p. 06 2000 04:44PM Intercity Auto Appraisal Service, Inc. 5820 South Dixie ltwy~, West Palm l~each, Fl. 33405 WestPalm Beach, FI 33405 Telephoue 561-~2023 Fax 561-586-1279 Broward 95~76~6494 D~eld Beach ~fi~428-2970 TOTAL LOss/vALUATiON REPORT · JLoca~on of Vehl~ H~. · ~,~ ~ P2 PHONE DED ADD DEALER /32 R/F/~/32 TOTAL DIFFERENCES T S RVE L SALVAGE BIDS --- ~ Firm Name 1[ eho~ & Name $~Cash Pdce ~ Am_oant Bid AGENDA REQUEST Request to be placed on: x Regular Agenda When: September 19, 2000 Agenda Item No: ~'. K'.,?'. Special Agenda . Workshop Agenda Description of agenda item (who, what, where, how much): City Commission is requested to approve the purchase of a year 2000 GMC 35ou heavy duty one ton iiacbed truck from Kaiser GMC off State contract number 070-650-010 in the amount of $24,300.42. Funding is available in FY 00-01 Vehicle Replacement account number 501-3312-591-64.20. ORDFNANCE/RESOLUTION REQUIRED YES/NO Recommendation: Approval. Draft Attached: YES/NO Determination of consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ' ' ct ~ Funding Availabl~NO~~l(bdx,[ ~h~ 10~, ~, .~ ) Funding altemati'v'~: ~t~r~ \V.l~q1- j (if~applica~bl,e)~ (I /V~X AccountNo. & Description: ~O~ ~'~[2 'Z~5°l[. to4-20 :,hr~m~'-~'ae City Manager Review: Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E. ~ Deputy Director of Publi~ September 13, 2000 Replacement of High Service Water Pumps South Pump Station and Owens Baker Attached is an agenda request and supporting documentation for the purchase and installation of two high service water pumps. One of the pumps is located at the south pump station near the Plant and the other is located at Owens Baker Tank. Pump S-2 in the south pump station has been in operation for over 10 years and the pump at Owens Bakers is the original pump installed when the tank was constructed. Both pumps are specialty items and the only local supplier who can provide the pumps as well as the installation and set-up is Hydro Pumps. Quotations for each pump were provided by Hydro Pumps (see attached) $12,572.00 for the South Pumps and $7,503.00 for Owens Baker. The total amount of these purchases including installment is $20,075.00 and funding is available from Account # 441-5143-536-64.90, Other Machinery & Equipment. (Budget Transfer is attached) Please place this item on the September 19, 2000 Agenda for consideration by City Commission. CDB/ped CCi Richard C. Hasko, P.E., Director of Environmental Services Robert Bullard, Manager of Maintenance Don Haley, Manager of WTP Allison MacGregor Harty, City Clerk Agenda File U:\wwdata~Memo\South Pump Station.doc SEP-Ui-2~U i~: id FAX (954) 583-3305 I1~ BROWARD "(954) 583-3303 HYDRO PUM PS o,,; N.W. 13th CT./P.o. ,OX ?6295 PLANTATION, FL 3331, ....... IPAOES "~ - TOTAL P.01 FAX (954) 583-3305 ~ BROWARD- (954) 583.3303 HYDRO PU M PS 6,1; N.W. ,3th CT./P.O. BOX 16295 pLANTATiON. FL 33318 - TOTRL P.OI Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Agenda Item 8. ~. Date: September 13, 2000 When: September 19, 2000 Description of item (who, what, where, how much): Staff requests Commission approve the purchase and installation of two high service water pumps from Hydro Pumps. The total amount of the purchase and installation is $20,075.00 and funding is available from Account # 441-5143-536-64.90, Other Machinery & Equipment. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of purchase and installation to Hydro Pumps in the amount of $20,075.00. ~-~, -- ~ Department head signature: ~~C~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (f,m~red on ali items involving expenditure of funds): Funding available ~tfNO Funding alternatives (if applicable) Account No & DestcriptionX/'~/(/~6"/6('~ -.~,5- ~ &, - ~, 'q~ ~(? d97~ ~" /]~ ~c~,6 } City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\¢ssrv002\davis\wwdata~Forms~AgendaRcq - South pump Station.doc ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager ~ Howard Wight/~/'"~ Dep. Dir. Con.~rd'ction September 13, 2000 AGENDA REQUEST for 09/19/00 Police Department Communications Center Modifications Contract Award Project No. 99-23 Attached is an Agenda Request for City Commission approval of award of contract to CoraI-Tech Associates, Inc. for the Police Department Communications Center Modifications (PN 99-23). The modifications are a prerequisite to accommodate the installation of the new Motorola radio system to be installed early next year. Staff recommends City Commission approval of an award of construction contract to the lowest responsive bidder, CoraI-Tech Associates, Inc., in the bid amount of $76,900.00. Contract is being awarded to lowest of three bidders (bid tab attached). Funding is available from 334-6112- 519-63.22 (800 MHz Radio System). cc; Capt Ralph Phillips Victor Majtenyi File 99-23 (A) s\...~99-23~agrnembidaward Agenda Item No. ~'-~'~". AGENDA REQUEST Date: September 13, 2000 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda VVhen: September 19, 2000 Description of item (who, what, where, how much ORDINANCE/RESOLUTION REQUIRED. Not required. Recommendation: Attached is an Agenda Request for City Commission approval of award of contract to CoraI-Tech Associates, Inc. for the Police Department Communications Center Modifications (PN 99- 23). Staff recommends City Commission approve an award of construction contract to the lowest responsive bidder, CoraI-Tech Associates, Inc., in the bid amount of $76,900.00. Contract is being awarded to lowest of three bidders (bid tab attached). Funding is available from 334-6112-519-63.22 (800 MHz Radio System). Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)[ Budget Director Review (re/~L~ed on all items involving expenditure of funds): Funding available~NO Funding alternatives~if appli~l~' Account No. & Description .,~.:~ ~/-/-,,?/~. -,_~-/~ -~,.~. ,~o? ..f'~,o ,,~'~,Z ~ o~,,o Account Balance ~ ~, o~$'~, ~,~, ,:z.o .,¢/ q,/l~/o-O ~-'2"'"~. ~'2- City Manager Review: Approved for agenda: ~/NO ~Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\,..~044~agreqbidaward DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: THRU: FROM: DAVID T. HARDEN, CITY MANAGER - RANDAL KREJCAREK, P.E. CITY ENGINEER ~')j JENNIFER SPAGNOLI, ENGINEER INTERN~(-~ DATE: SEPTEMBER 12, 2000 SUBJECT: BREEZY RIDGE ESTATES NEIGHBORHOODIMPROVEMENTS PROJECT PROJECT#2000~43 AGENDA REQUEST Please find enclosed the agenda request for Commission to award the BREEZY RIDGE ESTATES NEIGHBORHOOD IMPROVEMENTS project contract. The work generally consists of installing a wasteWater Collection system throughout the Breezy Ridge subdivision, including 1 lift station, replacing 4-inch water main with 8-inch water main on NW 24th Ave., roadway reconstruction throughout the subdivision, and rehab of storm drainage system. Attached is the bid tabulation and location map for the referenced project. The lowest responsible, responsive bidder for this project was Chaz Equipment Co., Inc. with a bid of $517,270.00. Funding Soume Account Number Current Balance 2000 Roadway Bond Program 370-3162-541-65.48 $430,291.76 Contract $124,725.00 Storm Water Utility Fund Water/Sewer New Capital Outlay Total 448-5470-538-65.48 441-5161-536-65.48 23,520.00 $10,140.00 $441,100.00 $382,405.00 $517,270.00 If acceptable, please place this item on the September 19, 2000 commission meeting for Commission approval. Attachment CC: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 2000-043 (A) file:s/engadmin/2000/2000-043/contract/agmemo.doc CORAL TRACE BAKER ROAD CORAL TRACE PLACE N.W. 1ST ST. MARTY FLADELL SITE-- HIGH POINT COURT HIGH POINT TERR. E. CANAL CITY of DELRAY BEACH ENVIRONMENTAL SEFN]CES DEPARTMENT DR. ANDRES WA ATE:09-12-00 LOCA30N MAP BREEZY RIDGE ESTATES NEIGHBORHOOD IMPROVEMENTS 2ooo-o,~ 1 of 1 AGENDA REQUEST Agenda Item No.: Request to be placed on DATE: September 12, 2000 x Regular Agenda __ Special Agenda __ Workshop Agenda When: September 19, 2000 ~, Description of item (who, what, where, how much) Award of the contract to $::~;q.':c;~ ,G=iv;~JsT'l~Tc. in ,the amount of $517,270.00 for the Breezy Ridge Estates Neighborhood Improvements Project, Project #2000-043. The funding for this project will be proyided from the following account: Funding Source Account Number Current Balance 2000 Roadway Bond Program 370-3162-541-65.48 $430,291.76 Contract $124,725.00 Storm Water Utility Fund Water/Sewer New Capital Outlay Total 448-5470-538-65.48 441-5161-536-65.48 23,520.00 $10,140.00 $441,100.00 $382,405.00 $517,270.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 2000-043, Breezy Ridge Estates Neighborhood Improvements Project to Chaz Equipment Co., Inc. with a bid in the amount of 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 ~NO Funding alternatives'- Account No. & Description see table above Account Balance see table above City Manager Review: Approved for agenda: ~_., /NO Hold Until: (if applicable) ¢/./ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-043(A) projects/2000-O43/cont ract/agenda .doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E."--~. Deputy Director of Publ c~Utilities September 13, 2000 Rehabilitation of Lift Station 58 & 93 Attached is an agenda request and supporting documentation for the following services to be provided by Murray Logan Construction, Inc. utilizing an existing Palm Beach County Contract. Murray Logan will provide labor and equipment to rehabilitate Lift Stations 58 & 93. The interior piping and rails within the lift station are badly corroded and in need of replacement. The City will provide all materials. The total mount for these services is $13,725.00 and funding is available from Account # 441-5144-536-46.20, Equipment Maintenance. Please place this item on the September 19, 2000 Agenda for consideration by City Commission. CDB/ped CCi Richard C. Hasko, P.E., Director of Environmental Services Robert Bullard, Manager of Maintenance Allison MacGregor Harty, City Clerk Agenda File \\essrv002\davis\wwdata~vlemo~Lif~ Station 58 & 93.do¢ Phone: 561-686-3948 Fas: S61-686-7465 ~4 Y LOGA~ CONSTRUCTION, INC. General Contractors 313 65TM Trail Nor6a West Pa]~ Beach, FL 33413 TO City of Delray Beach At, n: M~. Clayton GHbert QUOTATION DATE 7f31/00 NA34E OF PRO~ECT L.S. #55 LOCATION Shadywoods PLANS & SPECIFICATIONS 1. Furnish and Install %" steel base plates. 2. Bypass pump station. 3. Install owner furnished guide rails and base elbows, guide rail top brackets. 4. Vac clean pump sta{ion by city. S. Modify mid-guide rall bracket, For the Lump Sum of Add = $$00.00 to projt~t if concrete floor is also needed. DATE Tri'LE ,,Bruce G. Smlth~ Proieet Manager /IU .I~,A Y LOGAN CONSTR UCTIOIV, INC. Gen~ ConWacto~ 313 65TM West P~ Beac~ FL 33413 TO City of Delray Beach Attn: Clayton Collbcrt QUOTATION Phone: S61-686-3948 Fax: 561-686.7465 DATE 7118101] NAMR OF PROJECT Lift Station ~93 LOCATION Cougr es~ Avenue PLUS & SPECWICATIONS WE EROI'OSIE TO ~URNISR ALL LABOR, MATERIAL Alii) EQU II'iVEEiN'T TO pER~OR1VI TIcI~ FOLLOWING: A. Change out base elbow, pipe braek~,z and pipe ratls (owner fur~zhed); base plates for ba~ elbow, bypr~s stain for ~e i~p sum of $7,5~.00. (C~ to vac clan station) Bruce G. Smith. Pruiect Manager )0© 00: 5-= FPOPI TCI 156~4_-',734J. F'.CI~ m ~ l~each County aoar~ o~ County Ford Lee, Vice Chair ~ren T. Marcus ~rol A. RCbe~ ~Varren H. N~vell Mar/MC~rty Date May 26, 1998 Murray Logan Construction inc. 3!~ 65th Trail North West Palm B~ack, FL 33413 Dear Vendor: R~: T~P~M CONTPJ%CT 0: This is to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for ~O~STRUCTION Q~.$~'~rD EOUIPMEN'T. REI~rA/~ OF ba~ed On one of the following: [ ] FOR~IAL BID ~. [X~LX] ~EN~WAL OF FORMA~ BID/RFQ $ ] EXTENSION OF FORM/LL BID/RFQ $ ..... [} WP..ITTEN QUOTATION $ ] VERBAL QUOTATION PER ] STATE OF FLORIDA CO~TRACT # ..~ ] PALM BEACM COUlCT¥ SCHOOL BOA~ BID $ ] OTHER: The %erm of this contract is ~ through 97/10/9~. The esbimated dollar value awarded to all vendors is $...~5.000. The obligations of Palm Beach County under this contract are Eubpec= to the availability of funds lawfully appropriated for its pul'pose by the State of Florida and the Board of county Commissioners. Palm Beach County Departments will issue hard copy orders against thi~ contract as your authorization ~o deliver. All invoices reference each unique ~ocument number, If you have any questions, please contact Bria~L. Murphy. CPPk at Sincerely,//?/ Di~ctor o~ Pur~c~fasin~ c: Chuck Kenfield, Airports Audrey Wolf, FDO Terry Pack, Parks & Rec. Mike Bo%~an, Road & Bridge File I D~- _,_, FPIqF,1 Da=~: ,~4ay $, 1997 Murray Logan 313 65~h Trail North Wes= Palm Beaoh, FL 33413 Palm Beach Ccu~Cy Board of Coun'~y Comm, issionerS ComDlimnc=_ and/er co~itmen= due ~ar~ici~ation in ~ha ~ ~HROUGK ~ L11; 9 ~ FOR ~OUIP~i..~" AT ~ ~ST~T~D · ~I~o.oo/~ ~ ~~T~ ~ ~ PIP~ ~YZ~, 37" - ~4~ · 210.00/~ PL~SE CHECK O~ OF THE FOLLOWING: ( ) TH~ U1VDE~S!fIN~D DO~ NOT AG~ FOR ATTACHED ~ON(S): Pi~a~ r~tur~ co~l~t~d doc~n~ nc ia~er than~Y L2, ~997. Thi~ 5~T an or,er. You will be ~otified in ~Ei==~n fo~ o~ any individual urder c~eat~d from the a~v~. I~ you have any LOGAN AUT."~ORI ZED T~TL~ VICE PRESIDENT DAVID LOGkN mATE 5/8/9 ? No. Request to be placed on: X Regular Agenda __ Special Agenda Workshop Agenda AGENDA REOL~ST Agenda Item Date: September 13, 2000 When: September 19, 2000 Description of item (who, what, where, how much): Staff requests Commission approve the following services to be provided by Murray Logan Construction, Inc. utilizing an existing Palm Beach County Contract. Murray Logan will provide labor and equipment to rehabilitate Lift Stations 58 & 93. Thc interior piping and rails within the lift station are badly corroded and in need of replacement. The City will provide all materials. The total amount of these services is $13,725.00 and funding is available from Account # 441-5144-536-46.20, Equipment Maintenance. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N._.QO Recommendation: Staff recommends award of services to be provided by Murray Logan Construction, Inc offthe Palm Beach County Sgl'vice Cogt?0ct in the amount of $13,725.00. dsl nature. (~,.~/C~ Department hca 'g · ~_)o-r,.~/~ ' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (r~red on all items involving expenditure of funds): Funding available:~,q/NO Funding alternatives (if applicable) Account No. & Description 2/J,// Acco~tBal~c~/~,, . . ~ CiW Manager Review: Approved for agenda: ~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\essrv002\davis\wwdataXFonnsXAgendaReq - LS 58 & 93.doc CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGU!.AR MEETING - SEPTEMBER 19. 2000 - 6:00 P.M. COMMISSION CHAMBERS AggNDA ADD~NDIUt4 THE CONSENT AGENDA IS AMENDED BY ADDING ITEM 8.K.8. AS FOLLOWS: 8. Consent Agenda K. Award of Bids and Contracts: Bid award in the amount of $61,110.00 to Optimum Services, Inc. as the lowest responsive, responsible bidder, for the demolifon of the existing clubhouse and concession building at the Dekay Sxvan and Tenms Club (f/k/a Laver's International Tennis Resort), with funding from 334-6112-519-62.10 (Miscellaneous Building R&R). Also attached are the following: 1. Minutes of the Regular Meeting of September 7, 2000. They are scheduled for approval at tomorroxv night's meeting (Item 5). 2. Resolution No. 68-00 recognizing and commending Don Haley for over 25 years of dedicated sen-ice to the City of De[ray Beach (Item 7.A.). 3. A proposed letter to the Palm Beach County School Board requesting a joint workshop relative to public school issues (Item 9..8.). Addendum. September 19, 2000.Reg. Mtg. Agenda Item No. ~',/~,~'. AGENDA REQUEST Date: September 18, 2000 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 19, 2000 Description of item (who, what, where, how much ORDINANCE/RESOLUTION REQUIRED. Not required. Recommendation: Attached is an Agenda Request for City commission approval of contract award to Optimum Services, Inc for the demolition of existing clubhouse and concession building at the Delray Swim and Tennis Club (Lavers) (PN 00-56). They were the second bidder and lowest responsive bidder for the project. Project Development Group, Inc, the lowest bidder, made an error withdrew its bid (see attached letter). Staff recommends City Commission approve an award of construction contract to the lowest responsive bidder, Optimum Services, Inc, i~the~ bid amouj3t,,of $6_1,110.00. A bid tab is attached for your review. Funding is available fl'°m 33416~ 17~9~.~~ R~. Department head signature' '~j~'~ "-- ~ ~' "~ '" '-~ /? Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r~G'~d on all items involving expenditure of funds): . Funding available: [YE~)NO ~ Funding alternativ~'(~appli?bl,e): ~(-,~'/~ Account No. & Description ~ Account Balance City Manager Review: Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\0044~agreqbidaward ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Howard Wight //]/~ Dep. Dir. Cons~i~ September 18,'3000 AGENDA REQUEST for 09/19/00 Delray Swim and Tennis Club (Lavers) Clubhouse Demolition Contract Award Project No. 00-056 Attached is an Agenda Request for City Commission approval of contract award to Optimum Services, Inc for the demolition of existing clubhouse and concession building at the Delray Swim and Tennis Club (Lavers) (PN 00-56). They were the second bidder and lowest responsive bidder for the project. Project Development Group, Inc, the lowest bidder, made an error and withdrew their bid (see attached letter). Staff recommends City Commission approve an award of construction contract to the lowest responsive bidder, Optimum Services, Inc, in the bid amount of $61,110.00. A bid tab is attached for your review. Funding is available from 334-6112-519-62.10 (Misc. Building R&R) File 00-56 (A) s\...\0056~agmembidaward Project Development Group, Inc. 4100 North Powerline Road, Suite I-3 · Pompano Beach, FL 33073-3044 954-979-7077 · FAX 954-979-7079 September 18, 2000 City of Dclray Beach Environmental Services Dept. 434 South Swinton .Avenue Delray Beach, FL 33444 Attn: Mr, Howard White Re: Laver's Tenni~ Complex Clubhouse Demolition Dear IVY. White: I regret to inform you that due to some misunderstandings of the work scope on my part, PDG will have to withdraw its bid on the above referenced project. I am sorry that this has happened. The bid was submitted in good faith and the error was entirely my fault. Respectfully, ?roject M~ager Pittsburgh · New York · Philadelphia · Charlotte · Ft. Lauderdale Chicago - St. Louis · Houston - Dallas · Phoenix · Las Vegas TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~)~. J~C~S, ~E~IOR P~NNER MEETING OF SEPTEMBER 19, 2000 CONSIDERATION OF A CONSENSUS STATEMENT REGARDIN~ PROPOSED BOUNDARIES FOR CERTAIN SCHOOLS LOCATED I.'.' DELRAY BEACH At its workshop meeting of September 12, 2000, the City Commission discussed the boundaries that the Attendance Boundary Committee (ABC) is proposing for Carver Middle School, Orchard View Elementary School, and Plumosa Elementary School. The proposed changes being considered will result in majority minority populations, and increase the utilization of two of the schools above their built capacity (Plumosa and Orchard View). The Principals from the various schools voiced concerns that their schools will be "re- cultured" with the proposed boundaries with no plans from the District to shift resources to accommodate the change in student population. ABC members appeared to have conflicting opinions of whether or not the School District of Palm Beach County can disregard the achievement of racial balance in its schools as agreed upon through the Office for Civil Rights Plan. The Commission was supportive of a plan that would phase out the enclaves of students being bussed to schools located in other municipalities, as capacity becomes available within the City. In a related matter, the Commission requested that additional data be provided regarding the racial make-up of the magnet program to determine if they should support an expansion to the Carver Middle School magnet program. That data will be provided at the City Commission meeting. After a lengthy discussion, Staff was directed to draft a consensus statement regarding the above issues for the Commission to vote on at its meeting of September 19, 2000. That while it is the City's desire to eliminate the enclaves of students being bused to other municipalities, the impact to do so in one year with no plans from the School District to shift resources to accommodate the "re-culturing" of the school is a detriment to the students as well as the community as a whole. City Commission Meeting of September 19, 2000 Consensus Statement Regarding the Proposed Boundaries for Certain Schools Located in Delray Beach Page 2 That the School District of Palm Beach County modify their Five Year Plan FY 2001 - FY 2005 to include a new middle school and elementary school to be located within the coastal area of Delray Beach and identify and acquire the necessary land suitable for the construction of the new schools. Commission's discretion regarding a statement on whether or not to support the expansion of the Carver Middle School Magnet Program. Accept the Consensus statement. Request a meeting with the Superintendent of Palm Beach County to discuss the City's concerns regarding the proposed boundaries; and Request that the School Board of Palm Beach County defer adopting the proposed boundaries as being discussed by the Attendance Boundary Committee (ABC) for Carver Middle School, Plumosa Elementary School, and Orchard View Elementary School for 90 days in order to allow the community to work with the ABC to come up with a plan that is equitable for all students located within Delray Beach. CITY DF DELRrI¥ BErlCH DELRAY BEACH AII-AmericaCit~eptember 18, 2000 Chairman 993 School Board of Palm Beach County 3340 Forest Hill Blvd., Suite C-316 West Palm Beach, Florida 33406-5869 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000 Dear Dr. Richmond: The Delray Beach City Commission is deeply concerned about attendance boundary changes being proposed by the Attendance Boundary Committee for certain schools located in Delray Beach. We believe that, if implemented as proposed, the changes for Carver Middle School, Plumosa Elementary School and Orchard View Elementary School may destroy in a few years the prosperous, viably diverse city that we have worked so hard to create in Delray Beach over the last ten years. The City of Delray Beach has a long history of working with the School District and schools located in our city to improve the schools and the education they provide. Beginning with the Sharing for Excellence in Our Schools Agreement and continuing with Orchard View site acquisition and the adjacent park, campus expansion at Pine Grove Elementary and Atlantic High School, and creation of the Village Academy, we have invested hundreds of thousands of City dollars to help improve the school facilities in our city. You have worked with us by building the new Carver Middle School and Orchard View Elementary, and remodeling and adding to Pine Grove and Plumosa Elementary Schools. Furthermore, our citizens have invested thousands of hours in assisting schools in our city in numerous ways. In the spirit of this long hlstory of cooperation, we urgently request a joint workshop with the School Board to discuss with you our concerns about the redistricting which has been proposed. We are certain that by working together we can develop solufions which will, in time, bring our children back to Delray Beach schools without damaging the City or the children affected in the process. We look forward to meeting with you prior to your first vote on the redistricting proposals. Sincerely, David W. Schmidt Mayor CC: Mr. Tom Lynch, Vice Chairman, School Board of Palm Beach County Ms. Dorothy Montgomery, School Board of Palm Beach County Mrs. Paulette Burdick, School Board of Palm Beach County Mrs. Jody Gleason, School Board of Palm Beach County Mr. Bill Graham, School Board of Palm Beach County Dr. Art Johnson, School Board of Palm Beach County Dr. Ben Marlin, Superintendent (~Printedtx~ReCy~ledP~p~r THE EFFORT ALWAYS MATTERS International Baccalaureate Program Statistics Morikami * Carver* Atlantic Atlantic* 2000-01 2000-01 1999-00 2000-01 White 55.5% 63% 71.1% 62.3% Black 19.06% 23% 5.9% 12.5% Hispanic 13.79% 6% 6.4% 9.6% Asian 3.67% 5% 14.2% 12.24% Multiracial 6.65% 2% 2.2% 2.9% American Indian 1.2% 3% 0% .029% Total Population: 1,006 270 218 343 *Enrollment Summary as of September 14, 2000- Palm Beach County School District £1T¥ UF UEI. HII¥ BER£H DELRAY BEACH AII-AmericaCity 1993 TO: FROM: 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager DATE: September 13, 2000 SUBJECT: A~enda Item City Commig$~on Meetine Seotember 19~ 2000 North American Corporate Games ACTION City Commis3ion is r~quested to approve the use of the Tennis Center at no charge for the opening ceremonies for the No~h American Corporate Games to be held on October 27, 2000. The Palm Beach County Sports Commission, one of the sponsors of the Corporate games, is requesting use at no charge under the conditions of the agreement between the City and County dated 10/12/94 for the County's over $1 million dollar contribution to the construction of stadium seats. The agreement allows the County up to fourteen (14) calendar days use of the stadium annually for ten (10) years. In addition, City Commission is requested to consider a proposed street festival to be held in conjunction with this event from 6:00 p.m. until 11:00 p.m., to grant a temporary use permit per LDR's section 2.4.6(H) for the closure of Atlantic Avenue from the west side of NE/SE 5th Avenue to Swinton, to authorize staff support for security and traffic control, street barricading, trash removal and stage set up, and consider a waiver of overtime costs. In November 1999 City Commission endorsed the North American Corporate Games, agreed to contribute $10,000 to the event and to provide in-kind services. In-kind services included facility use and overtime associated with facility use. The North American Corporate Games is basically a three (3) day sports festival with corporate teams from all over the world competing in Olympic type events. Event venues are planned for many different locations throughout the County. The parade of athletes and opening ceremonies are to be held in Delray Beach. This parade will also serve as Atlantic High Schools Homecoming parade. The parade will begin at Veteran's Park at 6:00 p.m. and proceed along Atlantic Avenue to the tennis stadium and will include the Atlantic High School Band, dance groups, floats, cheerleaders, the FAU football team, team mascots and representatives of each THE EFFORT ALWAYS MATTERS Agenda Item: Noah American Corpomte G'aanes Page #2 corporation. Ceremonies will begin in the tennis stadium at about 6:30 p.m. and will continue with entertainment until approximately 8:30 p.m. The original approval by City Commission did not include a waiver of costs for floor and stage set up in the stadium, as well as, Tennis Center staff costs. Three thousand ($3,000) dollars of the total is to hire labor to install the court flooring and stage. We had up until about a year ago utilized City staff to do this work. However, it was taking a considerable amount of staff time to complete this task and was not cost effective. The estimate for these costs is $3,350. Costs that are included as waived in the original approval are rental costs, supplies, and City staff costs associated with the parade and opening ceremonies. The event sponsor is paying for entertainment and the sound system in the stadium. Event sponsors are requesting waiver of the $3,350 costs. Another way to handle these costs would be to allocate and include the $3,350 in the City Commission special event budget. In addition to the parade and opening ceremonies, the event sponsors in conjunction with the Joint Venture, as a planning partner, are proposing a street party from NE/SE 5th to Swinton with entertainment from 6:00 p.m. until 11:00 p.m. Staff support would be needed for barricading the streets, stage set up and trash removal, and police staff for security and traffic control. The event sponsor will pay for the entertainment, port-a-lets and promotion. They are seeking City support through the waiver of overtime. Overtime costs are estimated to be about $2,200 for this part of the event. The idea is that the street party would help promote downtown and give the participants an opportunity to spend time and dollars in Delray Beach. I have attached a brief description on the Corporate Games, as well as, a tentative schedule for the event. RECOMMENDATION Staff recommends approval of the parade, the opening ceremonies, temporary use permit and waiver of the $3,350 costs or a contribution of funds from the Special Events budget for this amount. In regards to the street party, staff recommends consideration of event approval, the temporary use permit, staff support, and waiver of overtime. RAB/tas Cc~ Brahm Dubin, General Manager Marjorie Ferrer, Downtown Coordinator Pam Gerig, Exec. Director Palm Beach County Sports Commission Fil¢:u:swe~ney/ageada Doc:North American Co~ate Games AIOt A/ £t /CA IV COt POt A GA Produced by the World Trade Center Palm Beach and the Palm Beach Coun~ Spods Commission Palm Beach County, Florida OCTOBER 26-29, 2000 FACT SHEET EVENT: North ,~merican Corporate Games DATES: October 26 - 29, 2000 WHAT IS THE "CORPORATE GAMES?" 1. Its concept has been successful throughout the world for the past 12 years. 2. It provides all kinds of organizations with a chance to compete in an organized 3-day sports festival. 3. It usually includes 15 to 20 different sports ranging from team competitions like dragon-boat racing and softball to individual sports like golf and running. 4. It allows athletes to compete for themselves and as representatives of their organization. 5. It has no barriers to participation: · Everyone regardless of age, gender, nationality, or ability is welcome. · Participants may be full or part time employees of their organization. Furthermore, the Games does not even require the competitors to be employees of the organization that they will represent. . Participants range from Chief Executive Officers to the most junior-level workers. .. Any number of employees may represent an organization. · Any number of organizations may enter the Games. 6. The Games presents a multitude of individual and team medals, usually based on age groups, for every event within each sport· The Games also awards overall team trophies for each spod and corporate division. 7. It provides exceIlent opportunities for business network'ng or departmental interaction. 8. Its social activities include Opening & Closing Celebrations, a Games Party, and a Business Enterprise event. MEMORANDUM TO: FROM: SUBJECT: DATE: DAVID T. HARDEN, CITY MANAGER ALISON M. Iq-ARTY, CITY CLERK I~ECAP OF 11/9/99 WORKSHOP MRI~.TINC NOVEMBER 10, 1999 1. Palm Beach County Sports CommissiQn presentation on North American Corporate Games. Consensus: Great opportunity to sell/showcase PaLm Beach County and Delray Beach as south county hub. Agreed to support fmancial/y along with in-kind services, with $10,000 as cash contribution. Ms. Getig commented that they would be looking at the events and what the community ' ' · would have to do m terms of m-kind contributions and this would be prorated on a cormnunity by community basis. 2. J°int work session with the Community Redevelopment Agency. ..Comments from the Ci.ty Commission after the presentation: Chris Broxvn commented that the estimated cost of the study is $60K; the CRA has 920,000 budgeted while the City has $10,000 set aside. Chris mentioned he had spoken with City Manager about the possibility of the City coming up with another $10,000 to bring the City's contribution to $20,000 and felt tiffs could probably be done, possibly at mid-year budget adjustment. However, that leaves another $20,000. Mr. Sclwnidt felt that it is very important that we all work together to find the funding for the study and do it as soon as possible. He got a lot of comments as a result of the Block 77 project (not from business people, from residents) fl~at we really need to txke a good hard look at what we want downtown as far as future development and land use patterns, things like that. Essential that the study gets done ASAP. Mr. Randolph commented on the mid-West Atlantic Avenue area (generally from 6e'/Th Avenues o~t to 1-95, what is plarmed for that area, and need for the CRA to purchase propemes m this area to aggregate land for investment purposes. Chris responded that the CILA Board will have to make decisions about how to approach this area. No commitment has been made as to what the CRA is going to buy. They have $2 Million for land acquisition. iVl. r. Schmidt commented that he did not see any money allocated in the 5 Year Plan for North Federal residential improvements and enhancements although it is in the plan. He feels the homeowners in this area are becoming more active and may mobilize much like the 5:00 PM 5:00 PM 6:00 PM 6:00 PM 6:00 PM 6:15 PM North American Corporate Games Parade & Opening Celebration Delray Beach, Florida October 27, 2000 Street Closure VIP Reception will begin. It will be held on the second floor of the Tennis Center. Admittance by invitation only. Participants start assembling for the parade at Veterans Park Parade to include · Atlantic High School Band · Dance Group · Cheer Leaders · FAU Football Team · Team Mascots · 2 representatives from each participating corporation · Participants (athletes, officials, sport directors) in the Corporate Games Parade begins at Veterans Park on Atlantic Avenue and proceeds to the Tennis Center. Two representatives from each corporation participating in the Games will carry a placard for that corporation. All placards will be at Veterans Park and volunteers on hand if to carry placards for representatives that may not show up. All other Games participants will walk at the end of the parade. All Games participants not walking in the parade will gather at the entrance of the stadium box office. Volunteers will be there to hold participants until the parade enters the area. Stadium will be opened for the general public to go into the stadium seating area. Light food and beverages will be available for purchase on the stadium grounds. VIP's will be taken to their seats in the VIP area of the stadium. Light food and beverages will be available in this area. Only VIP credential persons in this area. 6:20 PM 6:30 PM 7:00 PM 7:05 PM 7:07 PM 7:09 PM 7:11 PM 7:13 PM 7:15 PM 7:20 PM 8:30 PM 10:00 PM As the parade reaches the stadium box office everyone except those carrying the placards and the participants will go to the Community Center and disperse. The remainder will proceed to the stadium box office entrance where they will be joined by all other participants and will walk to the stadium. Parade will enter the stadium led by the corporate representatives holding the placards. Placard carriers will deposit their poles in the north side of the stadium and then join the others in the front of the stage. During this time the emcee will acknowledge each corporation and sponsors. Street Talk Band plays short fanfare. Master of Ceremonies welcomes special guests, participants, sponsors and audience to the First Annual North American Corporate Games. Mayor of Delray Beach introduced for short welcome Commissioner McCarty introduced for short comments Commissioner Zacaro introduced for short comments and introduces State representative State representative makes short comments Pat Casey, President of PBCSC makes short comments Bill Kulok introduced for short comments and official start of Games introducing the song of the Games. Any presentations or speakers if necessary Entertainment begins. Participants are encouraged to join in the music and dance. Entertainment on stage will end. Announcement will be made to have all participants follow the musical group out of the stadium and onto Atlantic Avenue to continue the fun. Street Talk Band will begin playing again on Atlantic Avenue at until MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM 9(9,, - REGULAR i~F. TING OF SEPTEMBER 19, 2000 APPOINTMENT TO THE BOARD OF ADJUSTMENT SEPTEMBER 14, 2000 With the appointment of Bernard Federgreen as a regular member on the Board of Adjustment, a vacancy has been created for an alternate member to fill Mr. Federgreen's unexpired term ending August 31, 2001. To qualify for appointment, a person must either be a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: · Janine Dabney-Battle · Thuy T. Shutt A check for code violations and/or outstanding municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Recommend appointment of an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 2001. Ref:Agmemo3.Appt. to Board of Adjustment.Alternate · DILICAY BEACH 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: I. Last Name:: Name Middlelnitial 2. Home Address:' City State Zip Code 3. Legal Residence City State Zip Code 4. Principal Business Address: City State Zip Code :B25 5 Cc>~,5,-~5 ~zog' .-'Ooqr,}-o-~.,-6c~ FC_ ~. 5. Home Phone: .5~ I-~"- Sqq~ Business~nf0~ 6. What Board(s) are you interested in seining? 7. List all City Boards on which you are curre~tl~ se~ing or have pre)iously se~ed: (Please include dates)' 8. Educational qualifications: 9. List any related professional ce~ifications and licenses which you hold: 10. Give your present~'or most recent employer, and position: 11. Describe experience, skills or knowledge which qua]i~ you to sclc on this hoard: (Please a~ach a brief resume) I hereby ce~iO that afl the above statements are true, and I awree and understand that any misstatement of material mc= con=ined i~{~may cause m~eiture upon my pan appoinLmentI may receive. s,~a~u~ ~ CITY CLER~ATE / 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. 1999-present 1999~oresent 1998-1999 1996-1998 1993-1996 1989-1993 1985-1989 1985 Janine Dabney-Battle 3850 Lowson BIvd Delray Beach, FL, 33445 Fax 561.637.8176 Home Phone 561-637-8778 JlJllJJJJJ JJJJ,~l JlTI|IIJ Licensed Mortgage Broker, The.4ddison Mortgage Group Top producing Senior Loan Officer $11 Million in closed loan files year -to-date. Loan files include residential conforming non-conforming VA and FHA as well as Commercial. Specialist in hotel/motel, large apartment and commercial mixed use. /Licensed Real Estate Sales .4ssociate, Durante Realty Top producing Sales Associate over $2 Million in sales ycer-to-date. Executive Vice President Operations, World Mortgage Corporation Recruited to develop World as a wholesale subprime Lender. Duties included but not limited to management of loan opening, processing, underwriting, closing and post-closing departments. Responsible for the pricing and sale of"bulk" loan sales. Authorized to employ all qualified personnel for the Company. Vice President - Sub-Prime Lending Division, Bankers Direct Mortgage Corporation Responsible for the supervision of the Sub-prime lending division. Duties included the supervision of underwriting, loan processing, loan closing and post-closing departments. Underwriting Supervisor, National Lending Center Responsible for supervising and training a staffof ten Underwriters. Supervised the undemTiting of Non-conforming (B/C) loans; communication with the sales force, processors and brokers. Acted as a liaison between Mid-Level and Senior Managemem. Self Employed Mortgage Training & Placement Landlord/Proporty Manager Century 21 Real Team Realty II, Key Biscayne DuaI Major, BSB.4 in Finance and Real Estate, Ohio State University College Preparatory, Western Reserve · Board Member, Delray Rocks Youth Organization · Vice Chair & Board Member, Delray Phoenix, Inc. · Member, Delray Beach Chamber of Commerce · Member, Florida Association of Mortgage Brokers · Member, National Association of Realtors · Member, Boca Raton Chamber of Commerce · Member, Roots Festival Golf Classic Organizational Committee · Member, Boynton Beach Chamber of Commerce · Member, Commercial Real Estate Women · Member, Mofikami Park Elementary PTA · Weatherspoon Connection, self serve car wash · Como Apartments, 24 unit apartment building · Sasmln Villa, 28 unit beach~on! motel · Reflexiom restaurant MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~k AGENDA ITEM (2] ~) - REGULAR MEETING OF SEPTEMBER 19~ 2000 APPOINTMENTS TO THE EDUCATION BOARD DATE: SEPTEMBER 14, 2000 With the adoption of Ordinance No. 14-00 on August 15, 2000, membership on the Education Board increased from seven (7) regular members to eleven (11) regular members. The ordinance provides that the 8~ and 9th regular members shall initially serve for one (1) year terms while the 10t~ and 11°* regular members shall serve for two (2) year terms. There are also two student member positions on the Education Board, currently vacant, that are appointed by the City Commission for a one year term and a two year term, respectively. Members of the Education Board must be residents of the City or have a child attending Delray Beach public schools or own property and/or own or operate a business within the City. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following have submitted applications and would like to be considered for appointment: Diane Richard-Allerdyce Nancy E. Brito Gail H. Chewning Tanya R. Dowell Gerald P. Franciosa William H. Heller Eugene K. Herring James C. Kemp Jayne D. King William P. Milner, Jr. Mimi Shapiro Stephanie R. Stewart STUDENTS Amy Awad (Senior - eligible for one year) Shreya R. Parikh (Junior- eligible for two years) Katrina M. Sorenson (Junior - eligible for two years) A check for code violations and/or municipal liens has been conducted. None were found. Based on the rotation system, the appointment will be made as follows: Commissioner Perlman (Seat #1) - Regular member (one year term ending July 31,2001) Commissioner Archer (Seat #2) - Regular member (one year term ending July 31,2001) Commissioner Schwartz (Seat #3) - Regular member (two year term ending July 31, 2002) Commissioner McCarthy (Seat #4) - Regular member (two year term ending July 31, 2002) Mayor Schmidt (Seat #5) - Student member (one year term ending July 31, 2001) Commissioner Perlman (Seat #1) - Student member (two year term ending July 31, 2002) Recommend appointment of four (4) regular members and two (2) student members to the Education Board as outlined above. Ref:Agmemo3.Appts. to Education Board.Regalar & Student Members ORDINANCE NO. 14-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", SUBHEADING "EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE CITY OF DELKAY BEACH, BY AMENDING SECTION 32.26, "cOMPOSITION; APPOINTMENT; TERMS", TO PROVIDE FOR INCREASED BOARD MEMBERSHIP; AMENDING SECTION 32.29, "DUTIES AND RESPONSIBILITIES", BY AMENDING SUBSECTION 32.2903) TO PROVIDE FOR A "STATE OF SCHOOLS" pRESENTATION, BY AMENDING SUBSECTION 32.2904) TO PROVIDE FOR COMMENTS BY THE EDUCATION BOARD TO THE CITY REGARDING THE SCHOOL BOARD OF PALM BEACH COUNTY'S FIVE YEAR CAPITAL IMPROVEMENT PROGRAM AND ITS IMPACT ON CITY SCHOOLS; AMENDING sECTION 32.30, "MEETINGS; REPORTS", BY AMENDING THE HEADING OF AND SUBSECTION 32.30(C) TO DELETE REFERENCES TO REPORTS, REPLACING REPORTS WITH A "STATE OF SCHOOLS" pRESENTATION WHICH IS INCORPORATED IN SUBSECTION 32.2903); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, deems the state of city schools to be an utmost priority; and WHEREAS, the City Commission desires to strengthen the Education Board by providing for increased membership; and WHEREAS, the City Commission desires to clarify and update some of the duties and responsibilities of the Education Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commissions", Subheading "Education Board", Section 32.26, "Composition; Appointment; Terms", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 32.26 COMPOSITION; APPOINTMENT; TERMS. The Education Board shall be composed of v, Lnc (9) ~even (11) regular members, and two c,f '-'~':-~ ~--~ ~-^ student members. ~ ..... f.x Eleven (113 regular members shall be appointed by the City Comrmssion for terms of two (2) years, except that the members of the first Board to serve shall be appointed so that three (3) members shall serve one (1) year terms, and four (4) members shall serve two (2) year terms, and except that the 8e' and 9~h r%mflar members shall initially serve for one (1) year terms and the 10e~ and 11~ re~mlar members shall serve for two (2) year terms. Their successors shall be appointed to two (2) year terms. It is further provided that no member may serve more than two successive terms on this Board. Two (2) student members shall be appointed by the City Commission for a one (1) year term and a two (2) year term, respectively, except that the first student members appointed shall serve as follows: One (1) year term ending July 31, 1995; two (2) year term ending July 31, 1996. Their successors shall be appointed thereafter to full one and two year terms. No student member may serve more than one term. Section 2. That Chapter 32, "Departments, Boards and Commissions", Subheading "Education Board", Section 32.29, "Duties and Responsibilities", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 32.29 DUTIES AND RESPONSIBILITIES. The duties and responsibilities of the Education Board shall be as follows: Commission. (A) Monitoring of School Board activities. 03) Serve as liaison between the School Board of Palm Beach County and the City (C) Participate in an information exchange via school newsletters and principal's office with the administration of each Delray Beach school as well as those attended by Dekay Beach students elsewhere. (D) Preparation of an annual "State of Schools" presentation~te~t~aJt~I~t''~° CE) Development of recommendations to the City cormmssion for forwarding to the School Board of Palm Beach County regarding actions which may be taken in support of schools in Delray Beach and with respect to proposed legislation at the state level. 2 Ord. No. 14-00 ~ Maintenance of a continuous public relations effort to improve and maintain the public image of Delray Beach schools. This effort should include, but not be limited to, the following: (1) Placement of favorable material in local media; (2) Development of brochures and other materials to be utilized in "marketing" the Dekay Beach schools. (G) Identifying and attracting state and federal programs and grants in direct support of Dekay Beach schools. (FI) Provide comments to the City Commission regarding ~ .... .t :-: ............ ~-- racial wa=ncc c.. a ......... the School Board of Palm Beach County's S- Year Cauital Improvement Plan and its imuact uuon city schools. Section 3______.__:. That Chapter 32, "Departments, Boards and Commissions", Subheading "Education Board", Section 32.30, "Meetings; Reports", of the Code of Ordinances of the City of Dekay Beach is hereby amended to read as follows: Section 32.30 MEETING~. (A) The Education Board shall meet at least once monthly on a regular basis, with a regular meeting date of the first Monday of each month, except for when that date falls on a holiday under which circumstance the Board shall establish another regular meeting date for that month. The Education Board may hold special meetings at the direction of its Chairperson upon twenty- four (24) hour notice. 03) All meetings shall be open to the public and the order of business and procedure to be followed shall be as prescribed within the rules and regulations to be adopted by the Education Board. Section 4~ That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 Ord. N0.14-00 ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 15th dayof August ,2000. MAYOR ATTEST: City Clerk First Reading July 25, 2000 SecondReadmg August 15, 2000 4 Ord. No. 14-00 08/01/00 EDUCATION BOARD MEMBERS TERM EXPIRES NAME & ADDRESS TELEPHONE 07/31/2001 Greta F. Britt Home: 495-1614 (Appt. 8/99) 867 Sunflower Avenue Delray Beach, FL 33445 07/31/2001 Marlene Z. Brown Home: 4994199 (Appt. unexpired 3/7/00 3501 Hamlet Drive Delray Beach, FL 33445 07/31/2002 Lane Carlee Office: 561-434-8932 (Appt. 07/00) 734 South Lake Avenue Home: 272-1866 Delray Beach, FL 33483 07/31/2001 Lynda S. Hunter Office: 266-0197 (Appt. unexpired 12/7/99) 50 East Road 9-B ~Iome: 272-6430 Delray Beach, FL 33483 07/31/2002 Ronald C. Nyhan Home: 276-0284 (Appt unexpired 1/00 832 Lake Shore Drive Office: 954-762-5664 Delray Beach, FL 33444 07/31/2002 Patricia Rowland, Vice Chair Home: 276-6763 (Appt. 9/98) 629 West Drive Office: (561)881-4712 Delray Beach, FL 33445 (Appt 09/98) x-8828 07/31/01 Sheldon Weil Home: 496-0549 Appt. 7/99) 925 Greensward Lane Delray Beach, Florida 33445 STUDENT MEMBERS (one term limit) 2 YEAR TERM VACANT Home: 07/31/2002 1 YEAR TERM VACANT Home: 07/31/2001 CITY REPRESENTA T1VE: Janet Meeks - City Planner COMMISSION LIAISON: Jeff Perlman Contact: Loretta Heussi: 243-7040 £1TY I)F DELA;IY BE;IgH CITY ATTORNEY'S OFFICE DELRAY BEACH AII4b~wica City 1993 TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM September 14, 2000 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Demand for Judgment in Munroe v. City of Delray Beach/Sgt. Bradley The City has received a Demand for Judgment from the Plaintiff in the case of Peter Munroe versus the City of Delray Beach and Sgt. Robert Bradley. The Demand for Judgment is only against Sgt. Bradley and not the City. This action arose out of a response by the Delray Beach Police Department on April 28, 1996 to call it received. Sgt. Bradley had stopped the Plaintiff in response to the call and was attempting to handcuff the Plaintiff when the Plaintiff moved his body causing Sgt. Bradley to lose his balance and accidentally discharge his firearm. The Plaintiff was struck in the back area by the bullet. The Plaintiff's complaint alleges negligence against the City and Sgt. Bradley and excessive use of force against Sgt. Bradley. The Demand for Judgment, against Sgt. Bradley, filed by Plaintiffs' attorney is for $100,000.00 inclusive of fees and costs. Our recommendation is not to accept the demand for judgment. If you have any questions, please do not hesitate to contact me. CC: Susan Ruby, City Attorney David T. Harden, City Manager Alison MacGregor Harry, City Clerk Cathy Kozol, Police Legal Advisor MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: C~CITY MANAGER SUBJECT: AGENDA ITEM lC)./~ .- REGULAR MEETING OF SEPTEMBER 19~ 2000 DATE: RESOLUTION NO. 69-00 (MILLAGE LEVY) SEPTEMBER 15, 2000 Resolution No. 69-00 levies a tax on all properties in the City of De[ray Beach for FY 2001 as follows: 7.26 mills for operation and maintenance of the General Fund 0.69 mills for the payment of principal and interest on bonded indebtedness 7.95 mills = millage rate The millage rate of 7.95 mills is three-tenths of a mill more than FY 2000. The rolled back rate calculated under the TRIM law for operating purposes is 6.5949 mills. The millage rate is 10.09% above the rolled back rate. The assessed valuation on all taxable property within the City for operating purposes is $3,388,032,757. The assessed valuation for debt service is $3,388,505,318. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Recommend approval of Resolution No. 69-00. Ref:Agmemo20.Res69-00.Millage Levy. FY 2001 RESOLUTION NO. 69-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.26 per one thousand dollars ($1,000.00).of assessed valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2000, and ending September 30, 2001. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $3,388,032,757. The operating millage rate of $7.26 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.5949 per one thousand dollars ($1,000.00) by 10.09%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,212,920. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.69 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2000, and ending September 30, 2001, upon the taxable property of the City of Delray Beach, the assessed valuation being $3,388,505,318. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That public hearings were held on the proposed budget on September 7, 2000, and on September 19, 2000. 2000. PASSED AND ADOPTED in regular session on this the 19th day of September, MAYOR ATTEST: ~. City Clerk 2 Res. No. 69-00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~'~ CITY MANAGER SUBJECT: AGENDAITEM I0. ~ . - REGULAR MEETING OF SEPTEMBER19, 2000 RESOLUTION NO. 70-00 (MIIJ.&GE LEVY IN THE DDA TAXING DISTRICT) DATE: SEPTEMBER 15, 2000 Resolution No. 70-00 levies a tax in the mount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001. This millage exceeds the 0.92 rolled back rate calculated under the TRIM law by 8.97%. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2001. Recommend approval of Resolution No. 70-00. Re f:Agmemo20.Res70-00.Millage Lew.DDA.FY 2001 RESOLUTION NO. 70-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2000, and ending September 30, 2001. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $147,449,259. The operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.9177 per one thousand dollars ($1,000.00) by 8.97%. Section 2. That the above millage rote is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That public hearings were held on the proposed budget on September 7, 2000, and September 19, 2000. PASSED AND ADOPTED in regular session,on this the 19t~ day of September- 2000. · MAYOR ATTEST: ~. City Clerk CERTIFICATE OF TAXABLE VALUE SECTION I 2o00 Year PALM BEACH County (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes $ (3) Current Year Taxable Value of Centrally Assessed for Operating Purposes $ (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $ (5) Current Year Net New Taxable Value (New Construction + Addition~ + Rehabilitative $ Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ To Delra¥ Beach - D,D.A. (Name of Taxing Authority) 147,449,259 0 0 147,449,259 164,334 147,284,925 DR-420 R.01/95 (7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) $ 135,167,654 I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and official signature at West Palm Beachr FI. , this the ~ day oftr''~' JUNE 2000. --~ ~5~gnla[ur'~ df P~perfy Appraise¥ TAX NG AUTHORITY: It this port on Of the torm is not C0rnplet~d'in I- and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION II (8) Prior Year Operating Millage Levy $ 1.0000 Per$1,000 (9) Prior Year Ad Valorem Proceeds (7)x (8) $ 13.5,168 (10) Current Year Rolled-Back Rate (9) / (6) $ 0.9177 Per $1,000 (11) Current Year Proposed Operating Millage Rate $ 1.0000 Per $1,o00 (12) Check one (1) TYPE of Taxing Authority L~ County J--~ Municipality [~ Independent [~ Dependent ~ Municipal Service [ j Multi-County Special Distdct Special District Taxing Unit (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for ~ $ -0- Per $1,000 (15) Current Year ~ $ -0- Per $1,000 i-D E P E NDE NT-SPEClAI-~)I S m RI CT~SKIP- ines (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ n/a & MSTU's levying a miUage. (The sum of Line (9) from each District's Form DR-420) (17) Total Prior Year Proceeds: (9) + (16) $ ~/a (18) The Current YearAggregate Rolled-back Rate: (17) / (6) $ n/a PetS1,000 (19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ (20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $ n/a Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) / (4) $ n/a Per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate: $ n/a [(Line 21 / Line 18) - 1.00] x 100 Date, TimeandPlaceoftheflrstPublicBudgetHearing: September 5, 2000 at 7:00 r~.m., at C±tv Ra11. City Commission Chambes. lO0 I'~ l~t Avenue. Be3rRv I do hereby certify the millages and rates shown herein to be connect to the b~st of my know edge and be el. FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S~NITNESS my hand ~r~d ¢fficial signature at ,,~ D,~lray Bearch ,FIorida, thisthe #~ ~ , / t [ David T. Harden ~al,QQ_ N~ 1 ..t Avem,e rang Acloress Delray Beach, Florida tit9 State 33444 Joseph M. Safford, Director of Finance Name bt contact ;-'erson ._561-2A3-7116 SEE INSTRUCTIONS ON REVERSE SIDE ~RI-?Aq-71 Pax Number MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM lO. O~ - REGULAR MEETING OF SEPTEMBER 19. 2000 RESOLUTION NO. 71-00 (BUDGET ADOPTION FOR FY 200B & APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN DATE: SEPTEMBER 15, 2000 Resolution No. 71-00 makes appropriations of sums of money for all necessary expenditures of the City for fiscal year 2001. The budget summary is set forth at Exhibit "A" to the resolution. Pmcsuant to the City Charter and TRIM requirements, a pubhc hearing must be held prior to the adoption of the budget. Approval of Resolution No. 71-00 is recommended. As a related item, Commission is asked to approve the Five Year Capital Improvement Plan for fiscal years 2001 through 2005 and the Capital Improvement Budget. The Capital Improvement Phn (CIP) is a hstmg of the projects with capital expenditures over $25,000 which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan to which the City Commission will comXmt as part of the adopted annual budget. The Planning and Zoning Board, as Local Planning Agency, will formally review the Capital Improvement Plan and Capital Improvement Budget on September 18th as required by the Capital Improvement Element of the Comprehensive Plan. It is an6cipated the Board will make a finding that both the CIP and CIB are consistent with the Comprehensive Plan. The formal action will be reported at Tuesday night's meeting. The expected recommendation is that the City Commission accept the finding of the Planning and Zoning Board that the Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Ref~Agmemo20.Res71-00.FY2001 Budget Adoption. CIP RESOLUTION NO. 71-00 ~ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1sT DAY OF OCTOBER, 2000, TO THE 30TM DAY OF SEPTEMBER, 2001; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, ail appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1St day of October, 2000, and ending the 30th day of September, 2001, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 2000, and ending the 30th day of September, 2001. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2000, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 2000. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 2000. Section 4. That no department, bureau, agency or individual receiving appropriations ~tnder the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 7, 2000, and September 19, 2000. Section 10. That this resolution shall become effective immediately upon its passage. 2000. PASSED AND ADOPTED in regular session on this the 19th day of September, City Clerk MAYOR 2 Res. No. 71-00 EXHIBIT A BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2000-200t CASH BA[.ANCES BROUGHT FORWARD ES'flMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM - DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND O'rHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES DOWNTOM~I SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL 397,000 60,520 754,580 38,000 1,250,100 7.26 23,367,270 23,367,270 0.69 2,221,170 2,221,170 45,000 45,000 1.oo 140,080 140,080 1,545,400 1,545,400 3,168,500 3,168,500 6,439,000 6,439,000 2,350,610 2,350,610 5,868,460 106,570 1,323,290 7,298,320 5,005,950 28,533,750 242,500 33,782,200 739,500 739,500 3,070,270 6,000 1,232,100 56,000 4,364,370 2,758,910 50,000 1,257,880 4,066,790 56,580,040 146,080 29,922,420. 2,879,670 56,977,040 206,600 30,677,000 2,917,670 89,528,210 90,778,310 EXPENDrRJRESJEXPENSES: General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES Reserves TOTAL EXPENDIl!JRES AND RESERVES 5,963,920 5,963,920 31,431,340 38,000 31,469,340 348,450 15,880,620 16,229,070 1,351,640 1,351,640 1,640,680 206,600 1,413,990 3,261,270 196,520 196,520 7,798,320 3,449,080 970,160 12,217,560 5,044,550 5,944,890 10,989,440 3,184,960 5,081,700 297,130 8,563,790 56,960,380 206,600 30,356,290 2,719,280 90,242,550 16,660 0 320,710 198,390 535,760 56,977,040 206,600 30,677,000 2,917,670 90,778,310 RES. NO. 714)0 MEMORANDUM TO: MAYOR AND CITY COMlVIISSIONERS FROM: ~'~CITY MANAGER SUBJECT: AGENDA ITEM l 0. D ,~?R~EGULAR MI~.~TING OF SEPTEMBER 19. 2000 ORDINANCE NO. 20-00 (LDR AMENDMENTS TO PC DISTRICT R~ LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENI DATE: SEPTEMBER 15, 2000 This is second reading and a second public hearing for Ordinance No. 22-00 which amends LDR Section 4.4.12, "PC (Planned Commercial) District" in order to implement the provisions of the Lindell Boulevard/Federal Highway Redevelopment Plan. The plan and its associated Comprehensive Plan amendments were forwarded to the Florida Deparmaent of Community Affairs for review in April of this year. DCA has reviewed the amendment and has no objections to the proposed text changes. The redevelopment area is zoned Planned Commercial. The redevelopment plan encourages mixed use development and allows residential densities up to 16 units per acre, subject to performance standards and based upon the development's confomaance with the applicable standards and criteria described within the adopted plan. The proposed text amendments are necessary to accommodate the goals of the redevelopment plan. The Planning and Zoning Board held a public heating on the proposed text amendments on May 22, 2000. There was no public testimony. After discussing the amendment, the Board voted unanimously to recommend approval to the City commassion. At first reading and the first public hearing on September 7'h, the City Commission passed the ordinance by a 4 to 0 vote. Recommend approval of Ordinance No. 22-00 on second and final reading. RefiAgmemo21.Ord22-00.PC District.IAndell-Fedetal RDA ORDINANCE NO. 22-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SUBSECTION 4.4.12(D), "CONDITIONAL USES AND STRUCTURES AIJ.OWED", AND SUBSECTION 4.4.12(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO IMPLEMENT PROVISIONS OF THE REDEVELOPMENT PLAN FOR THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT AREA #6; 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 amendments at a public hearing held on May 22, 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 Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further 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 FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.12, "Planned Commercial (PC) District", Subsection 4.4.12(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.12 Planned Commercial (PC) District (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal .(Redevelopment Area #6) Overlay District by Section 4.4.12(G): (1) All uses allowed as such within the GC District [Section 4.4.9(D)]. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g. concerts, live performances). ~ That Chapter Four, "Zoning Regulations", Section 4.4.12, "Planned Commercial (PC) District", Subsection 4.4.12(G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.12 Planned Commercial (PC) District (G) Supplemental District Regulations: In addition to t~:he supplemental district regulations ss set forth in Article 4.6~ shall apply. (1) Development within the Lindell/Federal Redevelopment Area Overlay District (Redevelopment Area #65 shall be consistent with the provisions contained within the adopted Redevelopment Plan for the area. as particnlarty described under the chapter entitled "Section 5: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west. the C-15 Canal on the south. Federal Hhg_hway on the east. and Avenue K (extended) on the north, multiple t~amily residential development with densites of up to 16 units pe~ acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6, RM (Medium Density. Residenfa[5 Zoning District. subsection (I). Performance Standards. and based upon thc development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. (3) Dwellinc, units are permitted within the same structure as commercial use~ with no restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. 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 immediately upon its passage on second and final reading. 2 Ord. No. 22-00 PASSED AND ADOPTED in regular session on second and final reading on this 19th dayof September ,2000. ~ ATTEST: City Clerk MAYOR First Reading September 7, 2000 Second Reading September 19, 2000 3 Ord. No. 22-00 MEETING OF: MAY 22, 2000 AGENDAITEM: IV. A. AMENDMENT TO LDR SECTION 4.4.'12, PLANNED COMMERCIAL (PC) ZONING DISTRICT The item before the Board is an amendment to LDR Section 4.4.12, Planned Commercial (PC) Zoning District, implementing provisions of the Redevelopment Plan for the Lindell/Federal area (Redevelopment Area #6). The amendment is being processed in accordance with LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. In March of this year, the Planning and Zoning Board reviewed the draft plan for Redevelopment Area #6, which is located in the vicinity of Lindell Boulevard and South Federal Highway. The Board recommended approval of the Redevelopment Plan, which was subsequently approved by the City Commission. The plan and its associated Comprehensive Plan amendments was forwarded to the Florida Department of Community Affairs (DCA) for review. It is anticipated that DCA will transmit its comments in July, after which the plan and the amendments can be formally adopted by the City Commission. The Redevelopment Area is zoned Planned Commercial (PC). In order to implement the provisions of the Redevelopment Plan that deal with the nature and type of development that is desired in the area, it is necessary to amend the PC zoning district regulations. This amendment and an associated conditional use application are being forwarded to the Planning and Zoning Board at this time for review and recommendation. However, final consideration of the amendment and conditional use by the City Commission will be delayed pending receipt and consideration of DCA's comments. ANALYSIS The amendment relates primarily to the supplemental regulations portion of the zoning regulations. It states that any development that occurs within the designated Redevelopment Area must be consistent with the adopted plan for the area. Also, as provided for in the Redevelopment Plan, it allows residential densities of up to 16 units P&Z Board Memorandum Staff Report LDR Amendment Re: PC Zoning Distdct Page 2 per acre, subject to compliance with the performance standards of the RM (Medium Density Residential) zoning district and the additional criteria outlined in the plan. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The City has transmitted an amendment to Future Land Use Element Policy C-2.4 which states that future development of the area must be in accordance with the provisions of the Redevelopment Plan. This amendment will facilitate the desired types of development as specified in the plan, and is therefore consistent with, and furthers implementation of, this policy. By motion, recommend to the City Commission approval of the amendment to LDR Section 4.4.12 Planned Commercial Zoning District, subsections (D) and (G), as attached, based upon positive findings with respect to LDR Section 2.4.5(M). Attachment: · Proposed Amendment PROPOSEDLDRAMENDMENT Section 4.4.12 PC Planned Commercial (PC) District (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area #6) Overlay District by Section 4.4.12 (G): (1) All uses allowed as such within the GC District [Section 4.4.9(D)]. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances) AND (G) Supplemental District Re.qulations: Jn addition to ti:he supplemental district regulations as set forth in Article 4.6, the followin.q shall apply. (1) Development within the Lindell/Federal Redevelopment Area Overlay District (Redevelopment Area #~) shall be consistent with the provisions contained within the adopted Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Hiqhway on the west, the 0-15 canal on the south, Federal Hi.qhway on the east, and Avenue K (extended) on the north, multiple family residential development with densities of up to 16 units per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) zonin.q district, subsection (I), Performance Standards, and based upon the development's conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. (3) Dwellinq units are permitted within the same structure as commercial uses with no restriction on the percenta.qe of each use allowed. In the event that residential and nonresidential uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. TO: DAVI~.~DEN~CITY MAN_~AGER FROM: PAUL DORLING, ACTI~ P~-ANNING AND ZONING DIRECTOR SUBJECT: MEETING OF SEPTEMBER '19, 2000 ** PUBLIC HEARING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 00-'l AND RELATED FLUM CHANGE FROM REDEVELOPMENT AREA #6 TO GENERAL COMMERCIAL I B^CKGROU.D I Comprehensive Plan Amendment 00-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on April 4, 2000. At this meeting, first reading of the Adoption Ordinance (No. 9-00) was approved. DCA staff reviewed the amendment and issued their Objections, Recommendations, and Comments (ORC) Report on July 20,2000. The attached Planning and Zoning Board staff report contains a description of each of the objections and the recommended responses. In summary, the objections involved internal consistency within the Comprehensive Plan, the need for additional data, and analysis to support the Future Land Use Map changes proposed within the Lindell/Federal Redevelopment Plan Area #6. The internal consistency is achieved with the adoption of the Future Land Use Map amendment outlined in the Redevelopment Plan (Ordinance No. 24-00) and the data and analysis concern is addressed through a traffic study showing a reduced traffic impac~ with the adoption of the FLUM designation outlined in the Redevelopment Plan. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered both the ORC report and the associated FLUM amendment from Redevelopment Area #6 to General Commercial at a public hearing on August 21, 2000. No one from the public spoke in support or opposition of either item. The Planning and Zoning Board recommended adoption of the FLUM Amendment and Comprehensive Plan Amendment 00-1 on a unanimous 6-0 (Eliopoulos absent) vote and a 5-0 (Eliopoulos & Carter absent) vote respectively. RECOMMENDED ACTION I By motion, approve on second and final reading Comprehensive Plan Amendment 00-1 (Ordinance 99-1) and the associated FLUM amendment from Redevelopment Area #6 to General Commercial (Ordinance No. 24-00) in response to the ORC report. Attachments: · Ordinance 9-00 · Ordinance No. 24-00 · Summary of Items Contained Within Comp Plan Amendment 00-1 · Objections, Comments and Recommendations (ORC) Report · P & Z Board Staff Report (Response to ORC Report) · Comprehensive Plan Amendment 00-1 · P&Z Board Staff Report FLUM Amendment (Response to ORC) /o.£. F: SUMMARY OF ITEMS IN COMP PLAN AMENDMENT 00-1 I Future Land Use Map Amendments Including: · City initiated Future Land Use Map amendment for the 13.84-acre Home Depot site from GC (General Commercial) and CMR (Commerce) to GC (General Commercial). · Privately initiated Future Land Use Map amendment for the 31.77 acre Waterford site from MD (Medium Density) to TRN (Transitional). Text Amendments Including: Future Land Use Element · Modification of Future Land Use Element Policy A-3.1 regarding retention of open space and findings of consistency. · Modifying the General Commercial land use description to allow up to 16 units per acre in the Redevelopment Area #6 (Lindell/Federal Highway) subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan. · Modification of Future Land Use Element Policy C-2.4 to reflect adoption of the Redevelopment Plan for Lindell/Federal area. Housing Element · Modification of Policy B-2.6 (Downtown Housing) to add the Redevelopment Area #6 as one of the areas where rental housing is not discouraged. · Modification to "Potential Residential Units" 'map to eliminate parcels which have been developed, parcels for which the land use and zoning designation has changed or parcels which have recently been annexed into the City. · Modification of "Potential Residential Units" table to eliminate parcels which have been developed, parcels for which the land use and zoning designation has changed or parcels which have recently been annexed into the City. Transportation Element · Modification of Table T-2 and T-3, Average Daily and Peak Hour Level of Service tables to reflect new FDOT standards. · Modification of Table T-4 "Signals Per Mile" to reflect new FDOT class designations for signals per mile. · Modification of Table T-5 "Intersection Accident Data" to reflect 1999 information. · Modification of Table T-8 "Future Over Capacity Facilities" to remove improvements which have been constructed and add new planned programmed improvements. · Text change to the inventory section of the Transportation Element to reference the new FDOT numbers utilized in the map updates. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Deo c~:edto making Florida a bet~er place to call home" The Honorable David Schmidt Mayor of CiB' of Delray Beach 100 Northwest I s, Avenue Delray Beach, Florida 33444 .!uly 20. 2000 Dear Mayor Schmidt: STEVtN M. SEIBERT The Departmem has completed its review of the proposed Comprehensive Plan .Am~endment for the CiD' of Delray Beach (DCA No.00-1 ), which was received on April 18, 2000. Copies o£the proposed anqendment have been distributed to appropriate stale, regional and local agencies for their review and their comments are enclosed. l am enclosing the Department's Objections, Recommendations and Comments (ORC) Report. issued pursuant to Rule 9J-11.010. F.A.C. The issues identified in this ORC Report include internal inconsistency between the proposed tex~ amendment and the City's existing Future Land Use Map. I: is veu, importan~ thru the adopted plan amendment address these issues, and all o£the ob)eztions in the Department's ORC Report. Upon receipt of fhis letter, the CiD' of Delray Beach has 60 days in which to adopt, adopt with changes, or dete:'mine that the CiD' u411 not adopt the proposed amendment. The process got adoption of local government comprehensive plan amendments is outlined in Section 163.3184, F.S.. and Rule 9J-I 1.011, F.A.C. The City must ensure that all ordinances adopting comprehensh, e plan. amendments are consistent with the provisions of Section 163.3189(2)(a), F.S. Within ten working days of the date of adoption, the Cig' of Delray Beach mus~ submit the following to the Depa:xmem: · ru-~,, copies o~ .n, adopted comprehensive plan amendments: A cop)' of the adoption ordinance: A listing of additional changes not previously reviewed:' '~,, ',. , (~ ~ ~,,,/~ C, 2555 5H UMAR D OaK BOULEVARD · TA LLAHASSE[, [LO~A~[$~,9~'~DO The Honorable David Schmidt July 20, 2000 Page Two A listing of findings by the local governing body, if any, which were not includ=d in the ordinance: and A statement indicating the relationship of the additional changes to the Department's ORC Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011 (5), F.A.C., please provide a copy of the adopted amendment directly to the Execmive Director of the Treasure Coast Regional Planning Council. Please contact Joseph Addae-Mensa, Planner IV. at (850) 4 87-4545. if we can be of assistance as you formulate your response to this ORC Report. Sincerely, Charles Oauthier, AICP Chief, Bureau of Local Planning c am Enclosures: Objections. Recommendations and Comments Report Review Agency Comments CC: Paul Doffing, Principal Planner, City of Delray Beach Michael J. Busha, Execmive Director, Treasure Coast Regional Planning Council DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS THE CITY OF DELRAY BEACH Amendment 00-1 July 20, 2000 Division of Community Planning Bureau of Local Planning This repor~ is prepared pursuant to Rule 9J-I 1.010, F.A.C. OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH AMENDMENT 00-1 I. CONSISTENCY WITH CHAPTER 163, F.S., AND RULE 93-5 & 9J-11, F.A.C. The CiD' of Delray Beach has submined a proposed comprehensive plan amendment to the Department for review (DCA Number: Delray Beach 00-1 ). The amendment consists of several text revisions and updates of maps and tables to the Future Land Use, Housing and Transportation Elements of the CiD"s comprehensive plan; and Two Future Land Use Map (FLUM) changes. The Department has identified the following objections to the proposed mmendment: Proposed Text Amendment: Redevelopment Area #6 Objection 1. The existing Future Land Use Map (FLUM) of the CiD"s comprehensive plan does not reflect the proposed text changes thereby creating an internal inconsistency be?ween the tex~t and the FLUM. The CiD' is proposing a text amendment which will allow future development within the LindellWederal Redevelopment .~rea #6 as General Commercial (GC), as required by the adopted redevelopment plan for this po,'xion o£the CID'. Currently the Ci:'y's FLUM shows RDA-6 land use desi~nation for the LindeI1/Federal Redevelopment .~rea #6 which makes the FLU.,~M inconsistent with the proposed text amendment. The CiD' did not include a FLUM amendment thru would change the cu~ent designation o£RDA-6 to General Commercial to provide consistency with the proposed text and policy changes. [Section ] 63.3177(2), F.S., and Rules 9J-5.005(5)C~), F.A.C.] Recommendation. The Ci~' should address this internal inconsistency by adopting a FLUM amendment conctu--rently with the proposed text amendment to make the tex~t and FLUM consistent. The CiD' may do this by redesignating the Lindell/Federal Redevelopment Area #6, currently assigned a FLL-rM designation of "RDA-6", to "General Commercial (GC)". Objection 2. The proposed designation of General Commercial for Redevelopment #6, located between Old DL, cie Highway and Federal Highway ('US 1), is not supported by appropriate 'dam and analysis. The current traffic volumes on these roads are approaching the adopted level of service r~andard (LOS) D threshold. The CiD' did not provide traffic analysis determine the impact of the proposed redevelopment on the current LOS standard for Old Dixie ~ighway and US 1 based on ~e maximum densities and intensifies of uses permitted in the proposed land use cmego?, x~Sthout th/s analysis, it cannot be determined whether the FLUM change x~5II meet the 9J-5. F.A.C., requirement that adopted LOS standards be maimained. [Rules 9J-5.005(2)(a). 9J-/.0055(])(a)(b), 9J-5.006(2)(a), (3)¢)1.. & (3)(c)3., 9]-5.019(3)(f) & (j), and 9J-11.007(]), F.A.C.] Recommendation. The CiD, should provide a traffic analysis that utilizes the ] 998 FDOT Level of Sen'ice Handbook to determine the impact of the additional trips generated by the proposed land use change on the current LOS standard for Old Dixie Highway and Federal Highway (US 1). The traffic analysis should be based on the maximum intensities and densities permitted in the proposed land use categow. If the analysis demonstrmes potential traffic impacts on these roads, then mitigation measures should be proposed. II. CONSISTENCY '~,rlTH THE STATE COMPREHENSIVE PLAN The proposed amendment does not adequately address and further the State Comprehensive Plan. Chapter ] 87. F.S.. specifically: (20) Transportation Goal and Policies (b) 9. & ! 5., regarding ensuring cas>' mobiliu' and promotion of effectiv~ coordination among various modes oftransportaiion in urban areas assist m-ban development ~,nd redevelopment efforts. Recommendation: Revise the amenmnem to be consistent Kith the above-re£erenced goal and policies of the Scare Comprehensive Plan (see specific objections and recommendations included in tiffs repox). MEETING OF: AGENDA ITEM: August 21, 2000 VI.A: CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 00-1 The item before the Board is that of forwarding a recommendation to City Commission regarding the ORC report from the State Department of Community Affairs (DCA) addressing Comprehensive Plan Amendment 00-1. Comprehensive Plan Amendment 00-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on April 4, 2000. This meeting was also the first reading of the Adoption Ordinance (No. 9-00). The items which are included in the Plan Amendment are summarized below and include two amendments to the Future Land Use Map and several text changes and modifications to exhibits (maps and tables). Full analysis of each of the following items is contained in the attached Comprehensive Plan amendment. Future Land Use Map amendments including: · City initiated Future Land Use Map amendment for the 13.84 acre Home Depot site from GC (General Commercial) and CMR (Commerce) to GC (General Commercial). · Privately initiated Future Land Use Map amendment for the 31.77 acre Waterford site from MD (Medium Density) to TRN (Transitional). Text amendments including: Future Land Use Element · Modification of Future Land Use Element Policy A-3.1 regarding retention of open space and findings of consistency. · Modifying the General Commercial land use description to allow up to 16 units per acre in the Redevelopment Area #6 (Lindell/Federal Highway) subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan. · Modification of Future Land Use Element Policy C-2.4 to reflect adoption of the Redevelopment Plan for Lindell/Federal area. P&Z Board staff report VIiA. Consideration of ORC Report 00-1 Page 2 Housing Element · Modification of Policy B-2.6 (Downtown Housing) to add the Redevelopment Area #6 as one of the areas where rental housing is not discouraged. Modification to "Potential Residential Units" map to eliminate parcels which have been developed, parcels for which the land use and zoning designation has changed or parcels which have recently been annexed into the City. Modification of "Potential Residential Units" table to eliminate parcels which have been developed, parcels for which the land use and zoning designation has changed or parcels which have recently been annexed into the City. Transportation Element · Modification of Table T-2 and T-3, Average Daily and Peak Hour Level of Service tables to reflect new FDOT standards. · Modification of Table T-4 "Signals Per Mile"to reflect new FDOT class designations for signals per mile. · Modification of Table T-5 "Intersection Accident Data" to reflect 1999 information. · Modification of Table T-8 "Future Over Capacity Facilities" to remove improvements which have been constructed and add new planned programmed improvements. · Text change to the inventory section of the Transportation Element to reference the new FDOT numbers utilized in the map updates. DCA staff reviewed the amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on July 20,2000. The ORC report contains two objections, which deal with the need for internal consistency between the proposed text amendments (relating to the Lindell/Federal Redevelopment Plan) and the City's existing Future Land Use Map and the need for supporting data and analysis. Pursuant to statutory requirements, the City has 60 days from receipt of the report in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. Planning and Zoning staff has reviewed the objections, and has had several phone conversations with the staff of DCA to discuss how each might be addressed. The following is a description of each of the objections and the recommended response. P&Z Board staff report VI.A. Consideration of ORC Report 00-1 Page 3 Proposed Text amendment: Redevelopment Area #6 ORC Objection # 1- Lack of Internal consistency between the Comprehensive Plan text and Future Land Use Map: The existing Future Land Use Map (FLUM) of the City's comprehensive plan does not reflect the proposed text changes thereby creating an internal inconsistency between the text and the FLUM. The City is proposing a text amendment which will allow future development within the Linde/I/Federal Redevelopment Area #6 as General Commercial (GC), as required by the adopted redevelopment plan for this portion of the City. Currently the City's FLUM shows RDA-6 land use designation for the Linde/I/Federal Redevelopment Area #6 which makes the FLUM inconsistent with the proposed text amendment. The City did not include a FLUM amendment that would change the current designation of RD-6 to General Commercial to provide consistency with the proposed text and po/icy changes. [Section 163.3177(2), F.S., and Rules 9J- 5.005(5)(b), F.A.CJ Response: The City has processed the related Future Land Use Map amendments which were considered by the Board earlier on this agenda (August 21, 2000). Their adoption will correspond with the second reading (adoption hearing of Comprehensive Plan Amendment 00-2) and will be transmitted to DCA concurrently with Comprehensive Plan 00-2. ORC Objection # 2- Future Land Use Map changes not supported by data and analysis: The proposed designation of General Commercial for Redevelopment Area #6, located between Old Dixie Highway and Federal Highway (US 1), is not supported by appropriate data and analysis. The current traffic volumes on these roads are approaching the adopted level of service standard (LOS) D threshold. The City did not provide traffic analysis to determine the impact of the proposed redevelopment on the current LOS standard for Old Dixie Highway and US 1 based on the maximum densities and intensities of uses permitted in the proposed land use category. Without this analysis, it cannot be determined whether the FLUM change will meet the 9J-5, F.A.C., requirement that adopted LOS standards be maintained. [Rules 9J-5.005(2)(a), 9J- 5.0055(1)(a)(b), 9J-5.006(2)(a), (3)(b)1., & (3)(c)3., 9J-5019(3)(f) & (1'), and 9J- 11.007(1), F.A.C.] Response: A traffic study addressing the maximum development potential under the current RDA-6 Future Land Use Map designation and the proposed General Commercial Future Land Use Map designation has been prepared. It indicates the maximum development potential under each land use designation is identical. Currently development within the redevelopment area can proceed without implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element Policy C-2.1). Given the above the entire development area can now be developed under a commercial zoning designation P&Z Board staff report VI.A. Consideration of ORC Report 00-1 Page 4 at intensities identical to those available under the proposed GC FLUM designation. In reality the proposed General Commercial Land Use designation represents a less intense development potential than the existing RDA#6 in that the GC must be developed consistent with the adopted Redevelopment Plan. This plan encourages mixed-use development which will introduce office and residential uses into the potential land use mix. As these uses generate less traffic than the retail commercial uses currently allowed the net result of this land use change will be a reduction in overall traffic. With respect to the impact on the adjacent roadways, Federal Highway is scheduled for future widening in approximately 2010 in the County's long-range 2020 Plan. If development within the Redevelopment Area exceeds the acceptable levels of service the development will have two options. First, the development can provide funds to advance the necessary improvements or they can defer development until the improvements are installed as part of the 2020 plan. ORC Objection tt 3- Transportation Goal and Policies (b) 9 & 15: The proposed amendment does not adequately address and further Chapter 187 F.S regarding ensudng easy mobility and promotion of effective coordination among various modes of transportation in urban areas to assist urban development and redevelopment efforts. Response: These goals relate to ensuring that the transportation system provides efficient access for the citizens of Florida and coordination among modes of transportation in urban areas. As indicated in the response to Objection # 2 the amendment will result in a reduction of traffic impact thereby facilitating a more efficient transportation system. RECOMMENDEDACTION By motion, recommend that the City Commission approve on second and final reading Comprehensive Plan Amendment 00-1 with the proposed changes to address the ORC report. Attachments: · ORC Report and Response to ORC Report · Comprehensive Plan Amendment 00-1 S:\adv\comp\001oml ORDINANCE NO. 9-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2000-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; AIJ. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2000-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Phnnmg and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2000-1"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on March 20, 2000, in accordance with the requkemants of the "Local Government Comprehensive Planning and Land Development Regulation Acf'; and WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2000-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2000-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2000-1 was held by the City Commission on April 4, 2000, at which time it was authorized to be transmitted to the Depaitment of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency; and WHEREAS, following due public notice, the second of two requked public hearings on Comprehensive Plan Amendment 2000-1 was held on September 19, 2000, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delxay Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Phn Amendment 2000-1", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delxay Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2000-1". Section 4. That should any section or provision of this ordinance or any portions thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Depa~U~ent of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission fmdmg the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular sessia~t on secon4_and final 'readmg~on this . the 9th dayof September ,2000. MAYOR City Clerk ~ ! FirstReadmg April 4, 2000 (Transmittal Hearing) SecondReadmg September 19, 2000 (Adoption Hearing) -2- Ord. No. 9-00 TABLE OF CONTENTS CITY OF DELRAY BEACH Page 1 1 2 3 3 4 4 4 5 5 5 5 FUTURE LAND USE ELEMENT Policy A-3.1 Retention of Open Space (Finding of Consistency) Policy C-2.4 (Redevelopment Plan for Lindell Blvd. and Federal Highway ) Commercial Land Use description - General Commercial Text AMENDMENTS TO THE FUTURE LAND USE MAP Home Depot FLUM Amendment from GC (General Commercial) and CMR (Commerce)to GC (General Commercial) for +/- 13.84 acres Waterford FLUM Amendment from MD (Medium Density) to Transitional (+/- 31.77 acres) HOUSING ELEMENT Potential Residential Units Map Potential Residential Units Table Policy B-2.6 (Downtown Housing) TRANSPORTATION ELEMENT Updates to Table T-2 and T-3 (Average Daily and Peak Hour Level of Service tables) Updates to Table T-4 (Traffic Signals per mile) Updates to Table T-5 ( Intersection accident data) Updates to Table T-8 (Future Over Capacity Facilities) Text change to "inventory" section of the Transportation Element introduction SUPPORT DOCUMENTS Appendix 1 4 5 6 7 8 9 10 11 12 13 14 15 Lindell Blvd./Federal Highway Redevelopment Plan "Potential Residential Units" Map Revised "Potential Residential Units" Map "Potential Residential Units" Table HO-20 Revised "Potential Residential Units" Table HO-20 "Average Daily Service Volumes" & "Peak Season, Peak Directional Volumes" Tables T-2 and T-3. Revised "Average Daily Service Volumes" & "Peak Season, Peak Directional Volumes and New Palm Beach County Two-Way Peak Hour Volumes" Tables T-2 and T-3. "Signals Per Mile" Table T-4. Revised "Signals Per Mile" Table T-4 "intersection Accident Data" Table T-5 Revised "Intersection Accident Data" Table %5 "Future Over Capacity Facilities" Table T-8 Revised "Future Over Capacity Facilities" Table T-8 FLUM Amendments: 2 Home Depot Corrective FLUM amendment staff report 3 Waterford FLUM amendment staff report I TO: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAW DE.. C, M ^GER PAUL DORLING, ACTI~ P.)-ANNING AND ZONING DIRECTOR MEETING OF SEPTEMBER '19, 2000 ** PUBLIC HEARING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 00-1 AND RELATED FLUM CHANGE FROM REDEVELOPMENT AREA #6 TO GENERAL COMMERCIAL BACKGROUND I Comprehensive Plan Amendment 00-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on April 4, 2000. At this meeting, first reading of the Adoption Ordinance (No. 9-00) was approved. DCA staff reviewed the amendment and issued their Objections, Recommendations, and Comments (ORC) Report on July 20,2000. The attached Planning and Zoning Board staff report contains a description of each of the objections and the recommended responses. In summary, the objections involved internal consistency within the Comprehensive Plan, the need for additional data, and analysis to support the Future Land Use Map changes proposed within the Lindelt/Federal Redevelopment Plan Area #6. The internal consistency is achieved with the adoption of the Future Land Use Map amendment outlined in the Redevelopment Plan (Ordinance No. 24-00) and the data and analysis concern is addressed through a traffic study showing a reduced traffic impact with the adoption of the FLUM designation outlined in the Redevelopment Plan. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered both the ORC report and the associated FLUM amendment from Redevelopment Area #6 to General Commercial at a public hearing on August 21, 2000. No one from the public spoke in support or opposition of either item. The Planning and Zoning Board recommended adoption of the FLUM Amendment and Comprehensive Plan Amendment 00-1 on a unanimous 6-0 (Eliopoulos absent) vote and a 5-0 (Eliopoulos & Carter absent) vote respectively. RECOMMENDED ACTION By motion, approve on second and final reading Comprehensive Plan Amendment 00-1 (Ordinance 99-1) and the associated FLUM amendment from Redevelopment Area #6 to General Commercial (Ordinance No. 24-00) in response to the ORC report. Attachments: · Ordinance 9-00 · Ordinance No. 24-00 · Summary of Items Contained Within Comp Plan Amendment 00-1 · Objections, Comments and Recommendations (ORC) Report · P & Z Board Staff Report (Response to ORC Report) · Comprehensive Plan Amendment 00-1 · P&Z Board Staff Report FLUM Amendment (Response to ORC) ORDINANCE NO. 24-00 AN 'ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA #6 TO GC (GENERAL COMMERCIAL) FOR TWO PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, IN CONJUNCTION WITH THE ADOPTION OF THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOPMENT PLAN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Map (FLUM) Area #6; and WHEREAS, the property hereinafter described is designated on the Future Land Use in the Comprehensive Plan for the City of Delray Beach, Florida, as Redevelopment WHEREAS, at its meeting of August 21, 2000, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted to recommend approval of the FLUM amendment, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation of GC (General Commercial). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: NORTH PARCEL A parcel of land lying in Section 29, Township 46 South, Range 43 East, more particularly described as follows: Beginning at a point of intersection of the east right-of-way line of the Florida East Coast Railroad (FEC RR) and the westerly projection of the south line of Lot 2, Plat of Morse Saturn Dealership (Plat Book 65, Page 107, as recorded in the Public Records of Palm Beach County, Florida); thence in an easterly direction along said projection, the south line of said Lot 2, and the easterly projection thereof, to a point of intersection with the centerline of U.S. Highway 1 (Federal Highway); thence in a southerly direction, along said centerline of U.S. Highway 1, to a point of intersection with the easterly extension of the north line of the Plat of Sherwood Honda (Plat Book 49, Page 157, as recorded in the Public Records of Palm Beach County, Florida); thence in a westerly direction along said projection, and north line of said Plat of Sherwood Honda, and the westerly projection thereof, to a point of intersection with'the east right-of-way line of the FEC RR; thence in a northerly direction, along said right-of-way line, to the point of beginning. SOUTH PARCEL A parcel of land lying in Section 29, Township 46 South, Range 43 East, and Section 32, Township 46 South, Range 43 East, more particularly described as follows: Beginning at a point of intersection of the east right-of-way line of the Florida East Coast Railroad (FEC RR) and the westerly projection of the centerline of Avenue K (as shown in the Plat of Del-Raton Park, Plat Book 14, Pages 9 & 10, as recorded in the Public Records of Palm Beach County, Florida); thence in an easterly direction along said projection, and the centedine of Avenue K, and the easterly projection thereof to a point of intersection with the centedine of U.S. Highway 1 (Federal Highway); thence in a southerly direction, along said centefline of U.S. Highway 1, to a point of intersection with the centefline of the C-15 Canal; thence in a westerly direction along said centerline of canal, to a point of intersection with the east right-of-way line of the FEC RR; thence in a northerly direction, along said right-of-way line of the FEC RR, to the point of beginning. Section 2. That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from Redevelopment Area #6 to GC (General Commercial). Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution 2 Ord. No. 24-00 shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee,. Florida 32399-2 ! 00. PASSED AND ADOPTED in regular session on second and final reading on this the 19th day of September ,2000. MAYOR ATTEST: City-Clerkff ' , First Reading September 7, 2000 Second Reading September 19, 2000 3 Ord. No. 24-00 ~,~,-~ ~ ~ I I / / ~. ~~ ~. N REDEVELOPMENT AREA ~ 6 FUTUR~ ~ND USE MAP AMENDMENT ~OM: ~DA-6 (~DEVELOPMENT :;t~ ~r ~ ~' r~ TO: GC (G~N~L COMMERCIAL) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: August 21,2000 IV.D City Initiated Future Land Use Map Amendments From Redevelopment Area # 6 to GC (General Commercial) in Conjunction with the Adoption of the Lindell / Federal Highway Redevelopment Plan. GENERAL DATA: Owners ....................................... Various Applicant ..................................... City of Deiray Beach Location ...................................... North side of the C-15 Canal, lying between South Federal Highway and Old Dixie Highway Property Size .............................. 27.8 ± acres Existing F.L.U.M. Designation .... RDA-6 (Redevelopment Area #6) Proposed F.L.U.M. Designation GC (General Commercial) Current Zoning ............................ PC (Planned Commercial) A~acent Zoning ................. North: AC (Automotive Commercial) East: PC South: AC & City of Boca Raton West: RM (Multiple Family Residential- Medium Density) & CD (Conservation District) Existing Land Use.. ...................... Vacant land, mobile homes, single family residences, Retail Uses. Se, vice Uses, Landscape Nursery., & abandoned rights-of- ways. Proposed Land Use ..................... Future Land Use Map Amendments from RDA-6 to GC in conjunction with the adoption of Lindell / Federal Highway Redevelopment Plan. Water Service ............................. n/a Sewer Service ............................ n/a AGENDA ITEM: IV.D The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendment from RDA-6 (Redevelopment Area #6) to GC (General Commercial) associated with the Lindell Boulevard/Federal Highway Redevelopment Plan. Redevelopment Area #6 is located, between Dixie and Federal Highways, the C-15 canal on the south and the Morse Saturn Dealership on the north (excluding the Sherwood Honda Dealership), and contains approximately 27.8 acres (See attached map). Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. In February 2000, a privately initiated development proposal was submitted for the 12 vacant acres at the southwest corner of Lindell Boulevard and Federal Highway, within Redevelopment Area #6. The proposal is a mixed-use development consisting of a 15,200 sq.ft. Walgreen's, 10,800 sq.tt, of Office Space, and 166 Multiple Family Dwelling Units. Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. As the overall proposal required amending existing Comprehensive Plan policies, it was necessary to prepare a Redevelopment Plan that addresses these issues prior to taking action on the proposal. Based upon the above, preparation of the Redevelopment Plan has been accelerated and processed as part of the City's annual Comprehensive Plan Amendment 2000-1. The Planning and Zoning Board considered the Redevelopment Plan for Redevelopment Area #6 at its meeting of March 20, 2000 and recommended adoption to the City Commission. The City Commission at its meeting of April 4, 2000 adopted the Plan on first reading, and transmitted it to the Florida Department of Community Affairs (DCA) for review. DCA generated an Objections, Recommendations and Comments Report (O.R.C. Report), which stated that until underlying land use designations are applied as identified in the Redevelopment Plan, internal consistency of the Comprehensive Plan is not achieved. Therefore, the action before the Board is in response to the ORC report and is seeking the amendments necessary to achieve the required internal consistency. p & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 2 This Future Land Use Map Amendment is being 3rocessed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #6 and the proposed designation is GC (General Commercial). The proposed redevelopment plan identifies the development scenarios and criteria for development to occur within the area. The description of the GC designation in the City's Comprehensive Plan is being amended as part of Comprehensive Plan Amendment 2000-1, to allow a maximum proposed density of 16 units per acre in Redevelopment Area #6. The current zoning designation for the entire redevelopment area is PC (Planned Commercial). The proposed GC (General Commercial) Future Land Use Map designation is consistent with the PC zoning district. The development proposal to construct a mixed-use project consisting of retail and office uses as well as a multiple family component are allowed within the PC zone district, and is also one of the development scenarios described in the redevelopment plan. City Commission consideration of the associated conditional use request for the multi-family component will occur subsequent to adoption of the Redevelopment Plan and associated text amendments. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the P & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 3 findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA#6 is no longer appropriate given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designation of GC (General Commercial) and demonstrated need are contained within the prepared plan for the area. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas as identified on the City's Future Land Use Map are described within the Future Land Use Element. A Redevelopment Area designation acts as a holding zone for a site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. A Plan has been prepared for Redevelopment Area #6, which recommends that an underlying land use designation of GC (General Commercial) be applied to the area. The Redevelopment Plan will allow a density up to 16 dwelling units per acre subject to a proposed development's ability to comply with specific criteria listed in the Redevelopment Plan and performance standards of the Land Development Regulations (LDRs). The proposed density exceeds that which is currently permitted by the Comprehensive Plan and Land Development Regulations (12 units per acre). To accommodate directives identified in the Redevelopment Plan, the description of General Commercial land use within the Comprehensive Plan is being amended with Comprehensive Plan Amendment 2000-1 to accommodate residential densities up to 16 units per acre subject to conditional use approval. Once amended the GC designation will allow all of the development scenarios contemplated in the Redevelopment Plan. In addition changes are being made to Future Land Use Element Objective C-2, and Policy C-2.4 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. Finally, an amendment to Housing Element Policy B-2.6 is also being processed to include the Lindell/Federal area as an area where new rental housing should be directed.' The proposed GC FLUM designation will be consistent with the goals, objectives and policies of the Comprehensive Plan once the Redevelopment Plan and the associated amendments to the Comprehensive Plan are adopted. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Concurrency was reviewed with the Redevelopment Plan and again with the Conditional Use request described earlier for the vacant 12 acres south of Lindell Boulevard, in the PC zone district. Positive findings with respect to concurrency were made at that time for this site specific development proposal. P & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 4 In comparing the existing Future Land Use Map designation of RDA #6 and the proposed General Commercial Future Land Use Map designation with respect to concurrency, the following is noted. Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). Given the above, the entire redevelopment area can currently be developed under a commercial zoning designation at intensities identical to those available under the proposed FLUM designation of General Commercial. In effect, the proposed GC Land Use Map designation represents a less intense development potential than the RDA #6 designation, as GC must be developed consistent with the Redevelopment Plan. This plan encourages mixed-use development, which will introduce office and residential uses into the potential land use mix. As those uses generate less traffic than retail commercial uses currently allowed, the net result of this land use change will be a reduction in overall traffic. Future development within the Redevelopment Area will require a development specific finding of traffic concurrency. It is noted Federal Highway is scheduled for expansion to six lanes in approximately 2010 in the County's 2020 Long-Range Plan. If development within the Redevelopment Area exceed currently acceptable levels of service they would have two option, the first is to fund the necessary road improvements to meet traffic concurrency or defer development until the funded improvement is built pursuant to the schedule of the 2020 Long Range Plan. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. A mixture of commercial, residential and automotive uses surrounds the Lindell/Federal Redevelopment Area. The commercial uses east of Federal Highway include a dental office, drapery store, and automobile leasing and sales, as well as several shopping centers (Dumar Plaza, the Delray Shopping Center, and the Pelican Harbor Shoppes). These centers contain retail shops, restaurants, and offices. The Delray Shopping Center, which is the largest of the three, has had a vacant grocery store space available for lease ever since the Winn Dixie store left several years ago. The current anchors are a silk plant store that is going out of business and several consignment stores. Alt of these uses have an underlying land use designation of GC (General Commercial). Residential uses east of these centers include Pelican Harbor, Pelican Pointe, Tropic Harbor, Tropic View, and Tropic Bay, all of which are primarily multi-family and have an underlying land use designation of MD (Medium Density Residential 5-12 du/ac). Located to the north of the Redevelopment Area is the Morse Saturn Automotive Dealership. The Sherwood Honda Automotive Dealership divides the Del Raton Travel Trailer Park from the rest of the Redevelopment Area. The automotive uses have an underlying land use designation of GC. To the west of the Redevelopment Area are residential uses that include The Point condominiums, and the Tropic Palms single family subdivision which have an underlying land use designation of MD. To the south across the C-15 canal from the Redevelopment Area is property P & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 5 located within the City of Boca Raton that is vacant and has a zoning designation that allows for mixed industrial development. Based on the above, the predominate FLUM designation of the surrounding areas are GC and MD. The requested FLUM designation of GC for Redevelopment Area #6 will be compatible with the existing and future land uses of the surrounding area. r~ Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations has been addressed with review of the conditional use request, and will be further reviewed with the site plan approval request. There should be no problems complying with the Land Development Regulations. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: Tropic Bay HOA Tropic Harbor COA Tropic Isles HOA Tropic Palms HOA Pelican Harbor HOA Pelican Pointe HOA Progressive Residents of Delray (PROD) President's Council City of Boca Raton Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing Redevelopment Area #6 was applied to the subject properties until a redevelopment plan for the area was prepared. The Redevelopment Plan has been completed and is currently being processed through a comprehensive plan amendment. In order to be consistent with the Redevelopment Plan the underlying land use P & Z Board Staff Report FLUM Amendment for Redevelopment Area #6 Page 6 designations having an RDA #6 Future Land Use Map designation are being changed to GC (General Commercial), which is consistent with the current zoning designation of PC. The GC FLUM designation will allow the property to be developed pursuant to the prepared Redevelopment Plan for the Lindell and Federal Highway area. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Section 3.1.1 of the Land Development Regulations and the policies of the Comprehensive Plan. Continue with direction. Recommend to the City Commission approval of the Future Land Use Map amendment from RDA-6 to GC based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Sections 3.1.1 (Required Findings) of the Land Development Regulations for Redevelopment Area #6. Recommend to the City Commission denial of the Future Land Use Map amendments from RDA-6 to GC based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), that the FLUM amendment fails to fulfill one of the basis for which a FLUM amendment should be granted for Redevelopment Area #6. Recommend to the City Commission approval of the Future Land Use Map amendment from RDA-6 (Redevelopment Area #6) to GC (General Commercial) based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations for Redevelopment Area #6. Attachments: r3 Future Land Use Map r~ Zoning Map REDEVELOPMENT AREA ~ 6 - EXISTING ZONING DISTRICTS - TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER~-., ~... //. PAUL DORLING, ACTING PLANNING A~"Z"~I~ECTOR SCOTT D. PAPE, SENIOR PLANNER~_c~ MEETING OF SEPTEMBER t9, 2000 CONDITIONAL USE REQUEST TO ESTABLISH A MIXED-USE (RESIDENTIAL/ RETAIL/ OFFICE) DEVELOPMENT WITH A DENSITY OF '14.31 DWELLING UNITS PER ACRE. THY CONDITIONAL USE APPLICATION IS REQUIRED FOR THE MULTIPLE-FAMILY PORTION OF THE DEVELOPMENT PROPOSAL. The subject property is located at the southwest corner of South Federal Highway and Lindell Boulevard. The property is 11.99 acres in size and is primarily vacant except for billboards located at the southeast and southwest corners of the site. The development proposal includes 168 multiple family residential units, 10,800 square feet of office area, a 15,200 square foot retail building (Walgreen's). In order to proceed, the developer assisted the City in preparation of a redevelopment plan for the area. The City Commission considered a Redevelopment Plan for Redevelopment Area No. 6 at its meeting of April 4, 2000, adopted it on first reading, and transmitted it to the Florida Department of Community Affairs. The proposed density of the project (14.31 units per acre) exceeds that which is currently permitted by the Comprehensive Plan and Land Development Regulations (12 units per acre). The Redevelopment Plan will allow a density up to 16 dwelling units per acre subject to a proposed development's ability to comply with specific criteria and performance standards of the Land Development Regulations (LDR's). Final Action on the Redevelopment Plan (part of Comp. Plan Amendment 00-1) and changes to the PC zone district (Performance Standards for increased density) are on the agenda as separate items. At its meeting of May 22, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. Scott Frank, owner of Orange Royal, stated that he supported the proposed development. After discussing the proposal, the Board voted 6-0 (Bird absent) to recommend to the City Commission approval of the Conditional Use request to allow a density of 14.31 dwelling units per acre within the PC zone district for Waterway Village, based upon positive findings with respect to LDR Section 4.4.6(I) (Performance Standards for Density), Redevelopment Area No. 6 (Criteria), Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Policies of the Comprehensive Plan, subject to the attached list of conditions. Following consideration by the Planning and Zoning Board, a letter of objection and petition in opposition containing 23 signatures was received on August 18, 2000 and is attached. By motion, approve the Conditional Use request to allow a density of 14.31 dwelling units per acre within the PC zone district for Waterway Village, based upon positive findings with respect to LDR Section 4.4.6(I) (Performance Standards for Density), Redevelopment Area No. 6 (Criteria), Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Policies of the Comprehensive Plan, subject to the attached list of conditions. Attachments: Exhibit "A" (Recommended Conditions of Approval) P& Z Staff Report and Documentation of May 22, 2000 Letter dated August '14, 2000 from Ms. Janet O'Brien and Petitions /0. F./. EXHIBIT "A" Recommended Conditions of Approval 1. That the applicant shall redesign the canal access feature if access is granted by the South Florida Water Management District, which can be reviewed as part of the site plan review process; 2. That the applicant shall construct a right turn lane, pursuant to FDOT standards, on southbound Federal Highway to accommodate traffic turning west onto Lindell Boulevard; 3. That the applicant shall install pavement to accommodate 24' of pavement width on both east and west bound Lindell Boulevard between the projects, Lindell Boulevard entrance and Federal Highway; That the applicant shall repave the two travel lanes (one eastbound and one westbound) from Federal Highway to the project's Lindell Boulevard entrance, which are to be used as a left turn lane into the project, and for eastbound Lindell Boulevard/northbound Federal Highway; 5. That the applicant shall install striping, stop bars, direction arrows, etc. for the four lanes of Lindell Boulevard between the project's Lindell Boulevard entrance and North Federal Highway; That the applicant shall install improvements to the Lindell Boulevard median between Dixie Highway and Federal Highway to include landscaping, curbing, irrigation, etc. as noted on the improvement plans submitted with the conditional use request; 7. That the conceptual plan shall be revised to correctly note the proposed density as 14.31 dwelling units per acre; 8. That the off-site improvement plan be revised to incorporate the improvements to the adjacent properties and that these improvements are completed prior to release of the first Certificate of Occupancy for the project; That the applicant shall be responsible for the improvements to the adjacent properties and that these improvements are completed prior to release of the first Certificate of Occupancy for the project; 10. That the two billboards shall be removed within 60 days of the start of construction; 11. That the applicant shall submit a minimum of three design options for the "Welcome to Delray" sign and receive approval by the City Commission prior to issuance of a building permit. The applicant shall be responsible for the installation of this signage. The plat shall include a sign tract dedicated to the City for maintenance access purposes; 12. That a cross access easement shall be provided across the Walgreen's property for access by the residential development; 13. That a site plan be submitted that is in general conformance with the sketch plan and address the concerns and Technical Items contained within the staff report; and, 14. That a mix of shade and Royal Palm trees be provided along Lindell Boulevard and Federal Highway. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- ~EETING DATE: AGENDA ITEM: ITEM: May 22, 2000 IV.B. Conditional Use request for Waterway Village, a Proposed Mixed Use Development That Contains 166 Apartment Units, to be Located at the Southwest Corner of Lindell Boulevard and South Federal Highway (U.S. 1) GENERAL DATA: Owner ............................................ Southeast Investments of Palm Beach & Beryl Dorwart Applicant ........................................ Southern Development Services Agent ............................................. Jose Aguila, Robert G. Currie & Associates Location ......................................... Southeast corner of Lindell Boulevard and South Federal Highway (U.S. 1) Property Size ................................. 11.60 Acres Future Land Use Map .................... Redevelopment Area # 6 Current Zoning .............................. PC (Planned Commercial) Adjacent Zoning ................... North: PC East: GC (General Commercial), AC (Automotive Commercial), & PC South: City of Boca Raton B4 &RIB West: RM (Multiple Family Residential- Medium Density) Existing Land Use ........................ Vacant Proposed Land Use ...................... Conditional Use Request for a proposed mixed use development that contains 166 apartment units, with associated parking and landscaping. Water Service ............................... Available via connection to an existing 12" water main in Old Dixie Highway Sewer Service .............................. Available via connection to an existing 8" sewer main along Lindell Boulevard on the east of Federal Highwy. HOMES MOBILE HOMES TRUCKS DEl_RAy CENTER IV.B. The action before the Board is making a recommendation to the City Commission on a request to establish a Multiple Family Housing Development known as Waterway Village in the Planned Commercial zone district pursuant to LDR Section 2.4.5(E). The subject property is located at the southwest corner of South Federal Highway and Lindell Boulevard, within Redevelopment Area #6. The subject property is comprised of a portion of the DeI-Raton Park subdivision and a portion of Tropic Palms Plat No. 1. The property is 11.99 acres in size and is primarily vacant except for billboards located at the southeast and southwest corners of the site. It includes property that was once approved for use as a dealership (Lehman Auto Dealership). While the property was never developed as an auto dealership, the roads internal to the site were abandoned as part of that process on December 16, 1986. The abandonment of these roads has left many of the individual platted lots "land-locked." The following are the most recent land use actions that have occurred on the property. The Planning and Zoning Board approved the conditional use for a development known as Lindell Village at its meeting of March 20, 1995. The proposal was for a 144-unit residential apartment complex on the 12-acre parcel (12 dwelling units per acre). The City Commission approved the conditional use request at its meeting of April 4, 1995. Accompanying the Conditional Use request was a sketch plan for a 146-unit townhouse development reflecting the "urbanized" concept previously presented to SPRAB. The sketch plan included two large retention areas, an amenity area, a common park area, and large perimeter buffers and access provided from Lindell Boulevard. The Site Plan Review and Appearance Board (SPRAB) approved the site plan for Lindell Village at its meeting of July 26, 1995. However, the development approval expired without commencement of improvements. The Planning and Zoning Board considered the Redevelopment Plan for Redevelopment Area No. 6 at its meeting of Mamh 20, 2000 and recommended adoption to the City Commission. The Plan was considered by the City Commission at its meeting of April 4, 2000, adopted on first reading, and transmitted to the Florida Department of Community Affairs. The proposed density of the project (14.31 units per acre) exceeds that which is currently permitted by the Comprehensive Plan and Land Development Regulations (12 units per acre). In addition, establishment of an apartment complex in the area is inconsistent with one of the policies contained within the Housing Element of the Comprehensive Plan. Therefore, it was necessary to prepare a Redevelopment Plan that addressed these issues prior to taking action on the proposal. The Redevelopment Plan will allow a density up to 16 dwelling units per acre subject to a proposed development's ability to comply with specific criteria and performance standards of the Land Development Regulations (LDR's). An amendment to the LDR's is being processed separately to incorporate these standards. While the conditional' use for Waterway Village may be reviewed by the Planning and Zoning Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 2 Board at this time, the Comprehensive Plan and LDR's must be approved by the City Commission before final action can be taken on the conditional use. for the Lindell/Federal area (Redevelopment Area #6) was prepared, and was considered by the Planning and Zoning Board at its meeting of March 20, 2000 and recommended adoption to the City Commission. The Plan was considered by the City Commission at it meeting of April 4, 2000, adopted on first reading, and transmitted to the Florida Department of Community Affairs. The Redevelopment Plan will allow a density up to 16 dwelling units per acre subject to a proposed development's ability to comply with specific criteria and the performance standards of the Land Development Regulations (LDR's). An amendment to the LDR's is being processed separately to incorporate these standards. While the conditional use for Waterway Village may be reviewed by the Planning and Zoning Board at this time, the Comprehensive Plan and Land Development Regulations must be approved by the City Commission before final action can be taken on the conditional use. Staff anticipates that the Comprehensive Plan Amendment for the Redevelopment Plan will be considered for second reading by the City Commission in July 2000. The applicant has submitted a conditional use application for a 166-unit mixed use multiple family and commercial development, which is now before the Board for action. The conditional use request involves the establishment of a mixed-use (residential/retail/office) development with a density of 14.31 dwelling units per acre. The conditional use application is required for the multiple-family portion of the development proposal. The development proposal incorporates the following: Construction of a total of 166 dwelling units (one, two, and three bedrooms), 15,200 square foot retail building (Walgreen's), and a mixed use building along Lindell Boulevard that contains 10,800 square feet of office area on the first floor. The mixed use office/residential building contains 14 of the 166 total dwelling units (four ground floor units and 10 units on the second floor); The residential portion of the development consists of 152 units in eight two-story buildings. The remaining 14-units are located in the mixed-use building noted above. The residential buildings and mixed-use building have four single-car garages per building. The recreation facilities include a 1,621 square foot clubhouse, pool and spa, basketball court, gazebo, tot lot, picnic/barbecue area, and, four canal-side seating areas. The vehicular use area has four access points with a system of loops and a private paver block roundabout along the south side of the property. The residential area will be fenced and gated for security purposes. The parking for patrons and Planning and Zoning Board Staff Report Conditional Use Request- Waterway Village Page 3 employees of the commercial uses will be separated from access to the residential area. The service area for the Walgreen's, which includes dumpster enclosures and a loading area, is located on the south side of the building. The mixed-use offices and residents will use the central compactor located along the west side of the property. The applicant has submitted an offsite improvement plan that indicates a deceleration lane to the driveway along Old Dixie Highway. This plan also indicates road and landscape improvements for Lindell Boulevard. The applicant also proposes to install paver block in the Lindell Boulevard right-of-way adjacent to the main entrance. The improvement plan provides for parking and landscape improvements to the adjacent Orange Royal market, landscape nursery, and convenience store properties. The site plan provides an extensive pedestrian system throughout the property, which includes decorative aluminum arches at various points. The pedestrian system includes a separate gate along Federal Highway adjacent to the sign "tower." Removal of the two billboard signs located along the south side of the property. Installation of associated landscaping throughout the property. The development proposal also includes the following request: 1. Internal Adjustment from LDR Section 4.6.9(D)(2), which requires each required parking space to be accessible at all times (the plan includes several tandem spaces located in driveways behind garages, which is not specifically permitted in this type of multiple family development). The applicant has submitted a development narrative, which describes the development proposal as follows: The proposed project will be a combination of residential multi-family units, office space and general commercial use (VValgreen's). The residential area will include recreational amenities including a pool and clubhouse, extedor play areas with a volley ball court and tot lot. The project will have joint access, parking and utilities serving all areas of the site. All aesthetic consideration, including paver brick areas, lighting, landscaping, etc. will be coordinated for uniformity and compatibility. The project is intended to be phased, the office and residential uses will be developed as one phase and the retail portion (I/Valgreen's) will be developed within the time frame as established by the end user. All street landscaping and other improvements will be completed with the first phase of work. Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 4 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 RDA-6 (Redevelopment Area) and is zoned PC (Planned Commercial). The PC zone district is consistent with the RDA-6 designation. As noted in the background section of this report, a redevelopment plan has been drafted for the Lindell/Federal Highway area, which includes the subject property, and has been transmitted to the state for review. The City Commission must adopt the redevelopment plan and associated LDR amendments prior to granting final approval of the conditional use. The mixed-use proposal with a residential density of 14.31 units per acre is consistent with the provisions contained within the Redevelopment Plan. The uses associated with the mixed-use development proposal (residential/office/retail) are allowed in the PC zone district. The multiple family element of the development proposal is considered a Conditional Use in the PC zone district [LDR Section 4.4.12(D)(1)]. In accordance with the direction provided in the redevelopment plan, the Future Land Use Map (FLUM) designation of the subject property will be amended from RDA-6 to General Commercial (GC). This amendment will be processed with Comprehensive Plan amendment 2000-2. The PC zoning and the proposed uses will be consistent with the GC FLUM designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities Shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Preliminary water and sewer plans have been submitted and the following is noted: Water service is currently available to the site via an existing 10" main that is located along the south side of Lindell Boulevard and an new 8" lateral main to an existing 12" main along the east side of Old Dixie Highway. In order to provide sewer service to the site it will be necessary to install a lift station, which will be located along the east side of the property. In conjunction with the lift Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page $ station, a 6" force main must be extended from the lift station eastward, under Federal Highway and along Avenue L approximately 350 feet to a manhole where it will then connect with an existing 8" sewer main. Service to the proposed development will be provided via installation of an 8" main within the development's access road and then eastward along the north side of the property to the lift station. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out, and can service the proposed residential units and commercial development. The specifics of the public water and sewer utilities with respect to potential main extensions and connections will be addressed with further detail during the subsequent site plan review process. Based upon the above, positive findings can be made with respect to these level of service standards. Draina,qe: Preliminary drainage plans were submitted which indicate that drainage will be accommodated on-site via a system of exfiltration trenches located within the parking areas and a dry retention area along the west side of the property. The out[all of the drainage system is the C-15 Canal at the southwest corner of the property. The specifics of the drainage system will be addressed in greater detail during the site plan review process, however, there are no problems anticipated in accommodating on-site drainage. Thus, positive findings with respect to this level of service standard can be made. Streets and Traffic: The applicant provided a traffic impact study for the subject property, which indicates that the property will generate a total of 2,639 average daily trips (Retail 1,199 ADT, Office 278 ADT, and Residential 1,162 ADT) onto the surrounding road network. This traffic statement was based on 15,120 square feet of retail, 12,600 square feet of office and 166 residential units. Following submittal of the traffic statement, the development proposal was revised, which reduced the square footage of the retail use to 14,368 and 10,800 square feet of office area. Based on the revised square footage, staff estimates that the proposed developed will generate 2,571 average daily trips onto the surrounding road network. A copy of the traffic study was submitted to the Palm Beach County Traffic Engineering Division for review with respect to concurrency. The County has responded to the applicant with a request for additional information that relates to technical issues that will not affect traffic generation. It is noted that the property is located in the Coastal Residential Exception Area, which exempts the residential component of the project from the County Traffic Performance Standards (concurrency). Staff anticipates that a finding of concurrency will be made by the County with respect to traffic generation by the nonresidential uses contained within the proposed development. During the site plan review process, the applicant must submit a revised traffic study to the County. A more detailed discussion of specific traffic circulation concerns is included in a later section of this report. Based upon the above, a positive finding with respect to this level-of-service standard can be made. Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 6 Parks and Open Space: Park dedication requirements are not applicable to the nonresidential (retail and office) components of the project). The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $83,500 will be required of this development for parks and recreation purposes. Solid Waste: Trash generated each year by the 14,368 sq.ft, retail space will be 73.28 tons of solid waste [14,368 sq.ft, x 10.2 lbs. =146554 lbs./2000 = 73.28 tons]. Trash generated each year by the 166 units will be 86.32 tons of solid waste per year (166 units x .52 tons of solid waste per year = 86.32 tons). The trash generated each year by the 10,800 sq. ft. of office space will be 29.16 tons of solid waste per year (10,800 sq.ft, x 5.4 lbs. = 58,320 lbs./2000 = 29.16 tons). The mixed-use development will generate a total of 188.76 tons of solid waste per year. Per the Solid Waste Authority, 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 objectives and policies that are relevant to the Conditional Use application were found. Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped 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 is vacant and undeveloped. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use development. The development will be complimentary with the surrounding commercial and residential developments. Policy A-1.5 - As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, new residential developments shall be designed for a balanced demographic mix of permanent year-round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the Housing Element. Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 7 Housin.q Element Obiective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies which will implement this objective include: Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for inflll projects having fewer than 25 units. The proposed 166-unit residential development provides a range of one, two and three bedroom units. While it does not include any four-bedroom units, it is noted that 20% of the units contain three bedrooms, which is a relatively high percentage for an apartment complex. Furthermore, each of the buildings has four garages that can be leased by tenants. This together with the provision of a tot lot, basketball court, pool, and other amenities meets the intent of providing a community that is attractive to families with children. Transportation Element Policy D-1-2 - The provision of a pedestrian system apart from the street as well as within rights-of-way shall be explored with the review of each development. Specific focus shall be given to access to waterways, to parks, between residential developments, and along access routes to schools including systems through developments. The development proposal provides an internal pedestrian system within the property. This system provides access to all areas of the development, including four waterfront seating areas along the C-15 canal and pedestrian gates to Federal Highway, Lindell Boulevard and Old Dixie Highway. It is noted that the applicant must obtain approval and cross access easements from the South Florida Water Management District for the improvements in the C-15 canal right-of-way. If this approval is obtained, the applicant should consider a more meaningful access to this area such a boardwalk in order to take better advantage of the vistas. Transportation Element Policy D-2_; - Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle parking is provided at various strategic points within the mixed-use development, therefore this policy has been addressed. Conservation Element Policy B-2.1 - The submission of a biological survey and a habitat analysis shall accompany land use requests for plan amendments, rezonings, and site plan approval. However, the requirements shall not apply to Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 8 small parcels, developed parcels, or where it is apparent that there are no such resources. It is noted that the subject property has been previously cleared in anticipation of future development. There does not appear to be any significant native habitat on the subject property in terms of flora and fauna. There are several mature trees located on the property that may warrant preservation. During the site plan review process, a tree survey must be submitted and a relocation schedule provided. Housin.q 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 project is located at the intersection of a city collector read (Lindell Boulevard) and a minor arterial read (Federal Highway). The surrounding uses are to the north automotive repair and single family (across Lindell Boulevard), vacant land to the south (across the C-15 canal), retail and residential to the east (across Federal Highway), and, single family to the west (across Old Dixie Boulevard and FEC Railroad rights-of- way). Nuisances generated by the proposed development such as noise, odors and dust will have an insignificant impact on nearby residential neighborhoods. With respect to traffic, the proposed mixed-use development will generate a significant amount of traffic onto the surrounding road network. As noted in the Concurrency section of this report, it is anticipated that the proposed development will meet the traffic level-of-service standard. However, there are concerns with respect to traffic flow adjacent to the subject property. There is currently a turn-lane within the Federal Highway right-of-way beginning at Lindell Boulevard and continuing south to the Orange Royal properly. The current number of lanes within Federal Highway is four adjacent to the property and the ultimate number of lanes is scheduled to be six. Consequently, the existing turn lane will be converted to an additional through lane at some point in the future. Given the number of trips entering the property at the Federal Highway driveway, provisions for a future turn lane are not warranted. However, given the number of trips turning west onto Lindell Boulevard from southbound Federal Highway, improvements to the existing turn lane at the northwest corner of this intersection is necessary. The applicant will be responsible for improving this turn lane to current Florida Department of Transportation standards concurrent with this development proposal. With respect to Lindell Boulevard, the applicant will be responsible for several improvements. The current pavement width of Lindell Boulevard, which is four lanes, is approximately 42'. The required pavement width for a four-lane read is 12' per lane or 48' total. Given the volume of traffic entering the site from Lindell Boulevard, a turn lane would typically be warranted to accommodate westbound traffic turning south into the project. However, given the traffic "load" along Lindell Boulevard, which is relatively light, it is recommended that one of the westbound lanes be striped as a left turn lane/through lane. To accomplish this the development will be responsible for providing the additional pavement width, resurfacing cost of the Planning and Zoning Board Staff Report Conditional Use Request- Waterway Village Page 9 left turn lane from Federal Highway west to the projects entrance and restriping for both west bound lanes (left turn in and west bound through lanes). Additional improvements are also required on Lindell Boulevard associated with traffic leaving the site on Lindell Boulevard heading east to Federal Highway. The traffic volumes warrant a left turn on eastbound Lindell Boulevard for north bound Federal Highway. Given the minor traffic volumes conversion of one of the through lanes to a left turn lane is recommended. The development will be responsible for providing the additional pavement width (24'), resurfacing cost for the turn lane from the project's entrance east to Federal Highway and restriping both eastbound lanes (left turn lane and right turn/through lane). With respect to Old Dixie Highway, the conceptual plan indicates that a deceleration lane will be provided at the driveway into the complex. While the anticipated traffic counts do not result in a requirement for this lane, it will help to improve traffic flow. It is noted that a portion of the deceleration lane is located on the adjacent property to the south. While this property is within the ultimate right-of-way for Old Dixie Highway, the property has not yet been dedicated. Therefore, the City will request that the County attempt to acquire the property and utilize the impact fees from the proposed development to install this right turn lane. Finally, the applicant has contacted the Palm Beach County Traffic Division regarding the possibility of implementing a "split-phase" signal on the north/south approach along Old Dixie Highway. In response, a letter was received from the County that indicates that the southern approach to this intersection reaches saturation during peak hours. The County indicated they will modify the signal timing to provide additional time for north/south traffic. Upon implementation the County will monitor the traffic flow to determine if additional improvements are necessary. In summary, the applicant will be responsible for the cost involved with widening Lindell Boulevard to 48', repaving two lanes between Federal Highway and the project's entrance, median/landscape improvements, and restriping from the project's entrance to Federal Highway. The applicant will also be required to improve the turn lane at the northwest corner of Federal Highway and Lindell Boulevard. The City will request that the County acquire the remaining right-of-way and utilize the impact fees from the proposed development to install the north bound right turn lane along Old Dixie Highway. Installation of these improvements will mitigate traffic circulation concerns that might be generated by this development. With the installation of these improvements a positive finding with respect to this policy can be made. LDR Section 4.4.6(I) (Performance Standards) Residential multiple family development located in the PC zoning district is subject to the standards of the RM zoning district (LDR Section 4.4.6). Pursuant to LDR Section 4.4.6(H)(1), a minimum density of six units per acre is established for duplex and multiple family housing projects within the RM zone district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.8(I). As noted in the Background section of this report, the Redevelopment Plan and subsequent FLUM and LDR amendments will allow a density up to 16 dwelling units per acre subject to specific criteria and the performance standards. The proposed density of the development proposal is 14.31 dwelling units per acre, which includes the residential and commercial portions of the property. Planning and Zoning Board Staff Report Conditional Use Request- Waterway Village Page 10 In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The conceptual plan provides four driveways for access to the property. There is one driveway to Federal Highway, two driveways to Lindell Boulevard (one is a one- way out), and one driveway to Old Dixie Highway. The multiple driveways will aid in diffusing the traffic more evenly to the surrounding road network. As noted previously, the applicant will be responsible for various off-site road improvements that will coordinate the traffic flow generated by the property more efficiently and safely. The internal circulation system provides short segments and loops. The residential portion of the development features a roundabout along the south side of the property. These features together with the gated security systems will keep the traffic speeds within the development below 20 m.p.h. Therefore, a finding can be made that the conceptual plan substantially complies with this performance standard provided that the offsite improvements are installed. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The proposed two-story buildings are placed on the property in a way that maximizes the views of the open spaces. The buildings have been placed on separate sides of the main entrance into the residential portion of the development. This design will provide a sense of open space within the development rather than the buildings placed adjacent to the drive aisles. The design of the buildings also lessens the massing of the development. The rooflines of the buildings offer different pitches due to various projections such as the garages, towers, and the significant offsets of the units themselves. These architectural features will reduce the sense of massing that could be associated with a "boxier" building with few architectural features or multiple story buildings. Thus, the project substantially complies with this standard. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 11 provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required_minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25%_or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The subject property does not have any residential zoning districts immediately adjacent to it. Consequently, this performance standard does not apply. (d)The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The architectural details of the Waterway Village apartment are influenced by the Italian Renaissance Revival style, which was popular for large buildings in the first part of this century prior to W.W.I. Characteristics of the style include the Iow pitched hip and gable roofs covered by barrel tile; entrance areas accented by small classical columns or pilasters; and symmetrical front facades often with end or center projecting wings. The front elevation of Waterway Village is symmetrical with two projecting wings at either end of the fa(;ade. Four garages are located in the space between the wings and are stepped back from the plane of the wings. There are 6 entrance doors on either side of the garage area each accented by a single or double roofed entry porch supported by a combination of brackets and columns. Two projecting walls topped by a hip roof and presenting a tower like appearance break the plane of the projecting wing walls. The windows on the "towers" are arched with decorative stucco lintels and sills; batten and board shutters accent the lower arched windows. The rest of the windows are single hung sash with raised stucco lintels and sills. The three remaining elevations have similar design elements that are consistent with the architectural style. They include the use of batten and board shutters, balconies, decorative columns and brackets; and decorative secondary roofs over entrances and balconies. During the site plan review process, the building elevations must be revised to note the following: · The material of the balcony railings · The material of the entrance doors · The material of the decorative columns and brackets · The type and color of tile is to be used on the roof Based upon the above analysis, the development substantially complies with this standard. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Planning and Zoning Board Staff Report Conditional Use Request- Waterway Village Page 12 Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The conceptual plan provides the following unit types: Quantity Unit Type Square Feet 4 1 Bedroom 795 4 1 Bedroom 822 30 1 Bedroom 799 30 1 Bedroom 842 4 2 Bedrooms 1,202 30 2 Bedrooms 1,172 30 2 Bedrooms 1,207 2 3 Bedrooms 1,661 16 3 Bedrooms 1,381 16 3 Bedrooms 1,415 The table noted above indicates that a mix of one, two, and three bedroom units will be provided. The apartment complex will be weighted with one and two bedroom units. There will be essentially two unit types available to choose from in each category. Pursuant to Housing Element Policy B-2.2, new housing elements are required to provide three and four bedroom units in order to accommodate households having a range ages, especially families with children. The floor plans provided do not provide a substantial difference between units. Essentially, all the one-bedroom units, two-bedroom units, and three-bedroom units are the same basic footprint with little meaningful difference. The floor area differences are due to the second floor units have a slightly larger living area, as the door entryways on the first floor units become "breakfast" nooks. At least four units per building will have access to garages, however, given the lack of substantial changes in floor plans and unit sizes, this performance standard has only been partially met. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. The property does not contain an existing natural area or water body that warrants preservation. The conceptual plan contains a landscape plan that provides a landscaping within the dry retention area that consists of Dahoon Holly trees, Bald Cypress trees, Sabal palm trees, Leather fern, Sand Cordgrass, and Fakahatchee Grass. The dry retention is approximately 9,363 square feet, which is approximately 2% of the entire site. The proposed "native habitat" area is a relatively small portion of the entire development and there is not an opportunity within it to provide a meaningful habitat. The conceptual plan provides 34.86% open space within the residential portion of the development. The minimum requirement for the entire development is 25%. The conceptual plan exceeds the minimum required open space by 9.86%. Therefore, the development proposal partially complies with this performance standard. Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 13 (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. As mentioned previously, the development plan provides an extensive sidewalk system that connects all portions of the property. The sidewalk system includes pedestrian gates to Federal Highway and Old Dixie Highway, which provides access to the bus stops along these roads. Therefore, the development plan has substantially complied with this performance standard. As described in the above analysis, the conceptual plan substantially complies with four of the seven performance standards. The standard regarding additional setbacks when property is adjacent to residential zoning districts that have lower densities does not apply. The plan partially complies with two of the remaining performance standards. Therefore, an increase of four dwelling units per acre (from 6 to 10) can be supported based upon compliance with the performance standards alone. Additional density beyond the 10 units per acre can be supported by compliance with the criteria outlined in the Redevelopment Plan, as described below. REDEVELOPMENT AREA NO. 6{LINDELUFEDER~L)- As noted previously, the subject area is included in the Redevelopment Area No. 6 draft plan. The following are the guidelines by which the subject property is to be redeveloped: Development of this area should attempt to maximize aggregation of parcels, delete nonconforming uses and structures, and provide for unified treatment of the perimeters. Automotive uses and shopping center type developments are generally discouraged for this section of the Redevelopment Area. The most appropriate use is mixed commercial/office/residential, however, an educational facility or office park could also be accommodated. Up to 16 dwelling units per acre may be permitted based upon the extent to which the project meets the following criteria: · Contains a mix of residential and nonresidential uses; The conceptual plan provides 166 residential units in two story buildings, 10,800 square feet of office space in a mixed-use building along Lindell Boulevard, and a 14,368 square foot retail building (Walgreen's). This use substantially complies with this criterion as a mix of residential, office, and retail uses are provided within the property. · Substantially complies with the performance standards contained within the RM (Medium Density Residential) zoning district regulations; The performance standards are discussed in previous section of this report. Essentially, the conceptual plan substantially complies with four of the six applicable performance standards. Consequently, the base density may be Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 14 raised from six dwelling units per acre to 10 based on the performance standards alone. Provides for a unified development (Some of the measures that can be implemented to achieve a unified development include: aggregation of properties in common ownership, shared pedestrian and vehicular access and/or parking between existing and new development, a consistent architectural theme; consistent landscaping/streetscape. Common ownership is not necessary so long as legal agreements are executed which ensure that cross access, cross parking, etc. will remain in place. Density may be calculated over all areas that will function in a unified fashion, provided that the owners of all properties on which the density is being calculated are a party to the development application.); The conceptual plan provides for the aggregation of various properties within the DeI-Raton Park and Tropic Palms subdivisions. The four developed properties along the east and west sides of the site (the Orange Royal, the landscape nursery, the convenience store, and the vacant repair shop) will remain under separate ownership. However, improvements such as landscaping and parking are proposed for those sites, which will help to provide a more uniform appearance along the perimeter. It is noted that the plan incorrectly indicates that the proposed residential density of the project is 11.60 dwelling units per acre. This density calculation is based upon the inclusion of the four developed properties. As noted in the Redevelopment Plan, these owners must be a party to the development application in order for their properties to be included in the density calculation. Since they are not, the plan must be revised to correctly note the density as 14.31 dwelling units per acre. This is attached as a condition of approval. In terms of the properties that have been aggregated and are a party to the development application, the proposed plan achieves a unified development via provision of shared pedestrian and vehicular access, a consistent architectural theme, and a consistent landscape/streetscape program. The pedestrian and vehicular systems interconnect throughout the property. The buildings share common architectural themes that draw on Mediterranean influences such as barrel tile roofs and tower features. The same landscape materials that define the perimeter of the residential development are continued along the perimeter of the Walgreen's. The property is to be developed in two phases. The office and residential uses will be constructed in Phase I and the retail will be constructed as Phase II. The road network and perimeter landscaping will be installed with the first phase. Based on the provision of a unified development for the mixed- use project, the proposal substantially complies with this criterion. · Eliminates nonconforming uses or structures, and/or upgrades substandard site conditions that exist on the commercial prOperties along Dixie or Federal Highways. The existing use of the subject property is vacant except for two nonconforming billboard signs, which the applicant has indicated will be removed within 60 days Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 15 from the start of construction. The adjacent uses are the Orange Royal market on the east; a landscape nursery, convenience store, and vacant building on the west. The nursery is a nonconforming use, and the other sites are nonconforming with respect to building size, landscaping, and parking. As noted above the applicant was unable to aggregate these properties into the development proposal. He has, however, submitted an offsite improvement plan for landscape and parking improvements on the adjacent properties (except for the vacant building). This plan indicates that the Orange Royal parking area will be improved (paved and landscaped) and that Royal Palms and hedging will be installed along Federal Highway. The improvement plan also indicates that the unimproved parking area of the landscape nursery will be paved with back-out parking and landscaped with shade trees. The convenience store will also be provided with a shade tree along Old Dixie Highway. The plan provides no improvements to the abandoned/vacant repair shop property. It is noted that the existing back out parking for the landscape nursery does not comply with the City's parking ordinances, and may not be paved in its current configuration. The improvement plan must be revised to provide off-street parking areas and landscaping that comply to the greatest extent possible with the City's current regulations. Revision of the plans and completion of the off-site improvements by the applicant is attached as a condition of approval. Summary: Per the Redevelopment Plan, the property may be permitted a density increase up to 16 dwelling units based upon the extent to which the project meets the criteria noted above. As indicated in the above analysis, the proposed plan substantially complies with four of the performance standards contained within the RM zoning district regulations, which relates to an allowable density of 10 dwelling units per acre. In addition, it partially complies with two of the remaining standards. With respect to the criteria contained within the Redevelopment Plan, the project substantially complies with all of them. Therefore, the requested density of 14.31 units per acre can be supported. Other: In addition to the specific density-related criteria, the Redevelopment Plan states the following with respect to the subject property. Piecemeal development of the vacant 12-acre parcel will not be permitted. Development may be phased, however, the first phase must include the installation of perimeter landscaping, lighting, sidewalks, etc. and any other unifying elements, or the bonding of such improvements where installation is determined to be impractical due to future construction activities. Cross access must be provided to other phases of the development. The preferred development pattern along Lindell Boulevard is a two-story mixed use structure or structures, with all or a majodty of the parking intedor to the site. The comer site (Lindell and Federal) may be developed as an outparcel, but only as part of a phased development as described in this section. Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 16 The existing billboards must be removed concurrent with the development of the vacant 12-acre parcel. An area shall be provided along the south portion of the property at both the Dixie Highway and Federal Highway sides for a "We/come to De/ray Beach" sign and landscape feature. New development that includes a residential component should provide sidewalks along Linde//Boulevard and Federal Highway. The development proposal incorporates the entire 12-acre parcel, which fulfills the intent of preventing piecemeal development. The applicant has indicated that the development will be in two phases. The first phase will consist of the residential/office portions and will include all street landscaping and "other" improvements. All off-site improvements must be included in the first phase. While a detailed phasing plan will be required with the site plan application, it is noted that the road access to Federal Highway will be required with the first phase. Furthermore, depending upon the time frame between phases, the first phase may be required to provide temporary sod and irrigation on the Walgreen's site. A cross access easement must be provided between the different areas of the site to ensure access to the surrounding road network. With respect to the "Welcome to Delray Beach" sign, the conceptual plan provides areas at the southwest and southeast corners of the property. The sign area at the southwest corner of the property is located in the ultimate right-of-way of Old Dixie Highway. The conceptual plan must be revised to provide such an ama within the subject property. The two sign areas will be required to provide a sign tract on the plat of the property and is attached as a condition of approval. SECTION 2.4.$(E) REQUIRED FINDING,~: (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 by PC zoning across Lindell Boulevard, on the east by AC, PC, GC, and PRD zoning across Federal Highway, and on the west by RM across Old Dixie Highway and the FEC Railroad. The adjacent land uses are: to the north single family residential and automotive repair; to the south vacant commercial (in the City of Boca Raton across the C-15 Canal); to the east across Federal Highway strip commercial and automobile leasing and sales; and to the west a two-story multiple family residential project. It is noted that the property to the north is also subject to the Lindell Boulevard/Federal Highway Redevelopment Plan. It is intended that this property will be redeveloped in a similar fashion as the subject property. Theirs airs also several businesses immediately adjacent along the east and west sides of the subject Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 17 property that are not included in the Waterway Village development plan. The use of the property along the east side of the property is the Orange Royal retail business. The property along the west side of the proposed development is a landscape nursery, convenience store, and junkyard. However, these properties are included in an improvement plan that has been provided to demonstrate redevelopment compliance criteria mentioned earlier in this report. The surrounding residential property are separated from the subject property by Lindell Boulevard, Federal Highway, the C-15 Canal, Old Dixie Highway and the FEC Railroad. The proposed two-story apartment complex will be sufficiently separated and buffered by landscaping that any potential conflict with the surrounding neighborhood is sufficiently mitigated. The off-site road improvements recommended by staff will provide for safe and efficient traffic flow in and around the property. The proposed residential development is not incompatible with the surrounding residential neighborhoods and will not cause an instability with respect to these neighborhoods. In terms of the surrounding commercial properties, the additional residents in the area will aid in the economic recovery of vacant or underutilized commercial properties along south Federal Highway. Therefore, positive findings with respect to this section can be made. 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 analysis is provided. Parking Requirements: The development proposal includes 166 residential units, 10,800 square feet of office, and 14,368 square feet of retail space. The parking requirements for a mixed-use project located in the PC zone district are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually. These are shown in the following table: Base Parking Requirements Use Parking Requirement Spaces Required Residential Units (68) 1 bedroom units 1.50 spaces per unit 102.00 (98) 2+ bedroom units 2.00 spaces per unit 196.00 Guest Parking Units 1-20 .5 per unit 10.00 Units 21-50 .3 per unit 9.00 Units 51-166 .2 per unit 23.20 Sub Total 340.20 Office Space 10,800 sq. ff. 3.5 per 1,000-sq. ft. 37.8 Retail Space 14,368 sq. ft. 4.5 per 1,000-sq. ff. 64.66 Planning and Zoning Board Staff Report Conditional Use Request- Waterway Village Page 18 Step 2: Pursuant to LDR Section 4.6.9(C)(8)(a) Shared Parking, the minimum parking requirement for buildings in the PC district which contain both residential and commercial uses is determined by the peak parking demand period. The peak demand period for this project is the weekday evenings from 6:00 PM to Midnight. The applicable percentage demand for each use during that time period is 90% for residential, 10% of the office, and 90% for the retail. These percentages are applied to the base requirements for each use in the project as follows: Mixed-Use Shared Parking Requirements Use Base Requirement % Shared Requirement Residential 340.2 90% 306.18 Office Space 37.8 5% 3.78 Retail Space 64.66 90% 58.194 Total 368.154 Rounded up 369 Step 3: Given the shared use parking calculation the project's final parking requirement is 369 spaces. The conceptual plan provides 409 total spaces. Therefore, the development proposal exceeds the parking requirements of the City. As noted in step 2 above, the base parking requirements for the offices is 38 parking spaces and 65 spaces for the Walgreen's. While the shared parking calculation adjusts the total parking requirement dependent on peak hour usage, the applicant has provided 66 spaces around the Walgreen's building and 48 spaces adjacent to the office building. Compact Parkin.q: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The proposal includes 55 compact parking spaces located throughout the development. This represents 13.45% of the total spaces and meets the requirement. Handicapped Accessible Parkin.q: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. This code covers the commercial part of the mixed-use project, but does not cover residential structures. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, 2% of the parking spaces serving the dwelling units must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. These regulations result in a total requirement of 11 handicapped accessible spaces for the project. The proposal provides 12 handicapped spaces, which exceeds the City and State requirements. Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 19 Right-of-Way Dedication: Per LDR Section 5.3.1 right-of-way dedications to meet minimum standards must be made with all developments, unless a waiver is granted. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for Old Dixie Highway is 80' and 30' currently exists. The applicant will be required to dedicate 50' along the west side of the property to the Old Dixie Highway. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required within the rights-of- way adjacent to the property. A sidewalk is noted on the conceptual plan along Lindell Boulevard and a portion of Old Dixie Highway. The conceptual plan must be revised to provide a sidewalk along the entire length of Federal Highway (including the southeast corner). A waiver will be required for a portion of the sidewalk along Old Dixie Highway at the southwest corner of the property. Photometric Plan: Pursuant to LDR Section 4.6.8, a photometric plan is required with the submission of the site plan application. The photometric plan for the Walgreen's site should be revised to include an elevation detail of the light pole and fixture (25' maximum overall height) and a cut-sheet detail of all exterior fixtures. Furthermore, a photometric plan must be submitted for the remaining parking areas. Site lighting locations must be indicated on the site and landscape plans. Points of Access: Pursuant to LDR Section 4.6.9(D)(3)(a), the point of access to a street shall be a maximum of 24' unless a greater width is specifically approved as a part of site and development plan approval. In no event shall such point of access be greater than 36'. According to the conceptual plan the point of access to Federal Highway is 36' and 40' at Lindell Boulevard. The delivery vehicles will access the Walgreen's property via Lindell Boulevard. While an increase of the driveway width at Lindell to 36' can be supported, staff does not support an increase of the Federal Highway driveway to 36'. As service vehicles will be exiting from this driveway, the additional width is not necessary. Therefore, the Federal Highway point of access must be reduced to 24' and the Lindell Boulevard point of access reduced to 36' wide and will be addressed via the site plan review process. Standard Parking Space: The conceptual plan indicates that within the residential portion of the development, the parking spaces will be 16' deep with a two-foot landscape overhang. The commercial portions of the development will have 18' deep parking spaces. A typical parking space in conformance with LDR Section 4.6.9(D)(6)(e) must be noted on the conceptual plans and must be noted on the site plan. Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 20 Standard Aisle Width: Pursuant to LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24' for normal two- way traffic. The proposed aisle width on the Walgreen's portion of the site is 26' wide. The conceptual plan must be revised to reduce the aisle width to 24' and the balance converted to landscaped area and will be addressed via the site plan process. Pursuant to LDR Section 4.6.9(D)(4)(e), the standard aisle width for 45-degree parking is 15' wide. During the site plan review process, the site plan must be revised to provide a dimension of 15' for the diagonal spaces along the south side of the residential parking area. Special Landscape Area: Pursuant to LDR Section 4.4.9(H)(1), the first 10' of the front yard setback, which is adjacent to a right-of-way, shall be a landscaped area. Within the required front landscape area, no paving shall be allowed except for driveways and walkways, which shall be generally perpendicular to the property line. The maneuvering area at the northwest corner and sidewalk at the southwest corner of the property encroach into the required special landscape area. During the site plan review process, the site plan must be revised to provide the required 10' special landscape area along Lindell Boulevard and Old Dixie Boulevard. Other Issues: Turning Lanes: During the site plan review process, the site plan must be revised to indicate the existing site conditions including the adjacent road improvements. The existing turn lane along Federal Highway south of Lindell Boulevard is to be noted. Solid Waste Collection System: The conceptual plan indicates that a central collection point (dumpster) will be provided for the resident's and office uses at the Old Dixie Boulevard entrance. As proposed, residents will be required to transport their garbage to this central collection point. The applicant should provide a collection system with curbside pickup by staff and standardized garbage totes/bins and will be addressed during the site plan review process. Furthermore, the dumpster enclosure should be revised to provide for recycling bins and will also be addressed during the site plan review. Architecture: To provide a more appealing fa(~ade, the Waigreen's elevation must be modified to relocate the downspouts interior to the building and will be addressed during the site plan review process. Planning and Zoning Board Staff Report Conditional Use Request- Waterway Village Page 21 Tandem Parking: Pursuant to LDR Section 4.6.9(D)(2), each required parking space shall be accessible at all times. The residential design provides four, one-car, garages per building. The spaces within these garages and the space immediately outside the garage (a.k.a. tandem parking) is counted on the conceptual plan toward the required parking spaces. Pursuant to LDR Section 4.6.9(D)(2)(a), the tandem parking design is allowed for single family, townhouse, or duplex uses. The applicant has submitted an internal adjustment request to count the spaces within the garages toward the development's parking requirements. Internal Adjustment Analysis: The Board must find that the adjustment does not diminish the practical application of the parking requirements and that a superior product will result via the approval. As noted above, the applicant proposes to provide required parking in a tandem format with one required parking space located behind a required parking space within the garages. The use of the tandem parking space is allowed for single family, townhouse, or duplex uses. The purpose for discouraging tandem parking in apartment complexes is to ensure that all required parking spaces will accessible at all times. Given the proposed development concept, the resident's of an apartment that lease a garage will park one vehicle in the garage and one immediately outside. As noted elsewhere in this report, the garages lend a sense of a family-oriented community that would be consistent with a owner occupied townhouse development. Therefore, allowing the tandem parking and garage parking design will lend to the provision of a superior residential product. Thus, as the intent of the code is being met, it is appropriate to grant an adjustment to this requirement. Setbacks: The plans must identify what the rectangular items are at the ends of the buildings. If they are mechanical rooms, they must comply with the building setback requirements. However, air conditioning units, which they appear to be, may be located within required setback and screened in accordance with LDR Section 4.6.16. The project is not in an area that requires review by the Community Redevelopment Agency or Downtown Development Authority. Site Plan Review and Appearance Board (SPRAB): If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition, and addressing outstanding technical items. Final action on the site plan will rest with the SPRAB (Site Plan Review and Appearance Board). Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 22 Public Notice: Formal public notice has been provided to properly owners within a 500-foot radius of the subject property. Letters of objection or support, 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: Tropic Bay HOA Tropic Harbor COA Tropic Isles HOA Tropic Palms HOA Pelican Harbor HOA Pelican Pointe HO^ Progressive Residents of Delray (PROD) President's Council City of Boca Raton The proposed conditional use is to allow for a density over six units per acre (14.31 units per acre) within the PC zone district. The increase in density over six units per acre is supported as the project meets or exceeds four of the six Performance Standards found in LDR Section 4.4.6(I)(1) that applies to the proposed development. Furthermore, the proposed development complies with the criteria of the Redevelopment Plan. The mixed-use project will help in the long-term revitalization of the area. The commercial businesses in the surrounding area will be provided with a larger customer base and the surrounding neighborhood will be provided with an aesthetically compatible project. 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 development with surrounding properties. The Redevelopment Plan and subsequent Future Land Use text amendments and Land Development Regulations must be approved prior to further review of the conditional use application, following consideration by the Planning and Zoning Board. It is noted that pursuant to Section 4.4.6(I)(1), despite the recommendation that the project meets the performance standards, the Board may deny the application for increased density if it is determined that the proposed project does not substantially comply with the performance standards or the redevelopment criteria. The proposed 14.31 dwelling units per acre is supportable as the proposed development only complies with four of the performance standards. A greater density could not be supported without further revisions to fully address the remaining performance standards. Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 23 Continue with direction. Recommend approval of the Conditional Use requests to allow for a mixed use project with a density of 14.31 dwelling units per acre for Waterway Village, based upon positive findings with respect to LDR Section 4.4.6(I), (Performance Standards, the Redevelopment Area No. 6 criteria, Section 2.4.5(E)(5) (Required Findings for Conditional Use), 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 requests for Waterway Village based upon a failure to made positive findings with respect to LDR Section 4.4.6(I) (Performance Standards), the Redevelopment Area No. 6 criteria, and Section 2.4.5(E)(5) (Required Findings for Conditional Use) By separate motions: Internal Adjustment: 1. Approve an Internal Adjustment from LDR Section 4.6.9(D)(2), which requires each required parking space to be accessible at all times, based upon positive findings with respect to LDR Section 2.4.7(C)(5). Conditional Use: Recommend approval of the request for Conditional Use to allow a density of 14.31 dwelling units per acre within the PC zone district for Waterway Village based upon positive findings with respect to LDR Section 4.4.6(I) (Performance Standards for Density), Redevelopment Area No. 6 (Criteria), Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the following conditions: 1. That the applicant shall redesign the canal access feature if access is granted by the South Florida Water Management District, which can be reviewed as part of the site plan review process; 2. That the applicant shall construct a right turn lane, pursuant to FDOT standards, on southbound Federal Highway to accommodate traffic turning west onto Lindell Boulevard; 3. That the applicant shall install additional pavement to accommodate 24' of pavement width on both east and west bound Lindell Boulevard between the projects, Lindell Boulevard entrance and Federal Highway; 4. That the applicant shall repave the 2 travel lanes (one eastbound, one westbound) from Federal Highway to the projects Lindell Boulevard entrance, which are to be Planning and Zoning Board Staff Report Conditional Use Request - Waterway Village Page 24 used as a left turn lane into the project, and for eastbound Lindeil Boulevard/northbound Federal Highway traffic; 5. That the applicant shall install striping, stop bars, direction arrows, etc. for the four lanes of Lindell Boulevard between the projects Lindell Boulevard entrance and North Federal Highway; 6. That the applicant shall install improvements to the Lindell Boulevard median between Dixie Highway and Federal Highway to include landscaping, curbing, irrigation, etc. as noted on improvement plans submitted with the conditional use request; 7. That the conceptual plan shall be revised to correctly note the proposed density as 14.31 dwelling units per acre; 8. That the off-site improvement plan be revised to provide an off-street parking area in accordance with LDR Section 4.6.9; 9. That the applicant shall be responsible for the improvements to the adjacent properties and that these improvements are completed prior to release of the first Certificate of Occupancy for the project; 10. That the two billboards shall be removed within 60 days of the start of construction; 11. That the applicant shall submit a minimum of three design options for the "Welcome to Delray" sign and receive approval by the City Commission prior to issuance of a building permit. The applicant shall be responsible for the installation of this signage. The plat shall include sign tract dedicated to the City for maintenance access purposes; and, 12.That a cross access easement shall be provided across the Walgreen's property for access by the residential development. Attachments: · Site Plan · Building Elevations · Landscape Plans · Letter from PBC Engineering PZ: waterway village Report prepared by: Scott Pape, Senior Planner ~ .~0.00' P.C, 4B2'14'55"W / 155.00' ° 5TOt~. 16:56 P.02/02 FO* ~ 2~:2~ ~ PMm 8e3t"A. FL 3~(16-~ 2~ Vice Fmmrt T. MM~j.j Jq~tEr~ r,~:a~; April27.2000 Robe~F.l~rmebaum, P.E. $immorm&Whi~c, In~ 4623FomstHiLtBlvd, Sui~lI2 W~stPaiml~a~i~FL33415 RE: SIGNAL ~ LINDELL BLVD & OLD DIXIE HWY Dear Mr. Re~acbaum~ · e sub~ec~ i~et~egtio~ Several ahemative$ were e~lua~ed, including spli~ phase op~on on the ~/$ approaches. ' The analysis ~esults indi~,i~ that the south apt~oach r~chcs sammtt, d conditions durix~ ~he peak hour. Although adding turn lanes on N/S · pt~oachez could be a m~z-ur~ of long t~cm improve~mem, in thc ~nr_erim, the signal timi.g for the N/S phase w~l be inc. rcascd ~o provide add~onal capaciv/. Please be ndvise~ that ~e mod~cations to the slgrml .~g w/It bc i~pleraem~[ in d~e field will, th~ next two ~ We will monitor t~c interSeC~on a~ ~ timin~ c.i~al~g¢ a~t will ~-m't~er a~y2~ w~ s~li! phas~g ~s an option. OFFICE OF ~ COUNT~ ~NGINF. ER Smior $1gnni Engia~r - Tra~c Division RJM:GVJ: File: Irael'~-ction - Lindell Bird & Old Dixie Hwy (~6600) H :~gvj~2000k~udelh~ol~ixie.doc Subj: RE: UNDELL BLVD./FEDERAL HVVY. KE~EVELOPMENT PLAN Date: 8/14/00 4:05:47 PM Eastern Daylight ~me From: Janob98 To: spape~delmy planning, org I am an officer of the Tropic Harbor Association at 800 Tropic Isle Dd~e and ha~e co~cerns about the increase in traffic at the abo~e intersection when the proposed plan is de~eloped. I am opposed to changing the zoning from 12 units per acre to 14 units per acre. On 14 acres, that would add an additionaJ 28 units with an increase of 28 to 56 ~3icles exiting the de~lopment at an alread,j accident-prone intersection. My second concern is the danger at that intersection with traffic from a Watgreen store in addition to the apartment units. urge that tumin9 lanes be adcled and that turning signals be added to the existing tra~c light prior to the development, I am aware that we can't stop the de~,elopment, but I hope the abo~e suggestions will be gi~ cemfu~ consideration. Janet O'Bden (272-9340) TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST i 4, 2000 Re: LIN-DELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE TglE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE TI4E DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner 1. 7 '.-,--~? ...',, -.' ':~- " ~''-' Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARDfi:EDERAL HWY. REDEVELOPMENT PLAN · WE, THE RESIDENT_S..QF~ TROPIC HARBOR COND KE TWO RECOMMENDATIONS IN RI~'~'~TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE THE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. -~ _ ~ _. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE THE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE T~£ DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 ($6~) 278-8][92 .K To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: LINDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: 1. WE OPPOSE THE PLAN TO INCREASE THE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. ~ URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner TROPIC HARBOR ASSOCIATION, INC. 800 TROPIC ISLE DRIVE DELRAY BEACH, FL 33483 (561) 278-8192 To: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH AUGUST 14, 2000 Re: L1NDELL BOULEVARD/FEDERAL HWY. REDEVELOPMENT PLAN WE, THE RESIDENTS OF TROPIC HARBOR CONDOMINIUMS, MAKE TWO RECOMMENDATIONS IN REGARD TO THE ABOVE REDEVELOPMENT PLAN: I. WE OPPOSE THE PLAN TO INCREASE THE DENSITY FROM 12 UNITS PER ACRE TO 14 UNITS PER ACRE AT AN ALREADY HEAVILY TRAFFICKED INTERSECTION. 2. WE URGENTLY RECOMMEND THAT A TURNING SIGNAL BE ADDED TO THE EXISTING TRAFFIC LIGHT BEFORE THE TRAFFIC AT THIS INTERSECTION INCREASES. Owner Owner / MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM It9.6 - REGUL&R MEETING OF SEPTEMBER 19. 2000 ORDINANCE NO. 25-00 (GARBAGE & TRASH RATES) SEPTEMBER 14, 2000 This is second reading and a public hearing for Ordinance No. 25-00 which adjusts the garbage and trash rates for FY 2001 in accordance with our franchise agreement with BFI for residential and commercial collection service. The collection portion of the sanitation rates reflects a 3% increase for FY 2001 in accordance with the Consumer Price Index. Disposal rates remain the same as last year. Recommend approval of Ordinance No. 25-00 on second and final reading. Ref:Agmemo21.Ord.25.00.Garbage & Trash Rates. FY 2001 ORDINANCE NO. 25-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2001; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection $ 2.75 2.83 Recycling 1.49 1.53 Yard Trash 1.39 1.43 Bulk Trash 0.69 0.71 Total Fees - Contractor $ .... 6.50 Cart Replacement Administrative Fee Franchise Fees (5%) Total Fees 0.90 0.35 n~o 033 $ ,.~. 8.08 Reardoor Owner Container Monthly Service Cost Per Unit Garbage Collection $ .... 8.69 Recycling lA9 1.53 Yard Trash 1.--39 1.43 Bulk Trash 0.,59 0.71 Total Fees - Contractor Administrative Fee Franchise Fee (5%) $ ..... 12.36 0.35 0ff~O 0.62 Total Fees ~ 13.33 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection Recycling Yard Trash Bulk Trash $1.72 1.77 1.29 1.33 1.39 1.43 n ~n 0.71 Total Fees - Contractor $ .... 5.24 Administrative Fee Franchise Fee (5o/0) 0.35 n -,e 0.26 Total Fees $ {Jify9 5.85 2 Ord. No. 25-00 (B) Multi-Family Service Multiple-family dwelling units containing five (5) urfits or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall include a container charge and per unit charge. If the amount of refuse generated requites more than two (2) times per week collection, then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. Multiple-Family Rates Container Monthly Maintenance Charge (Based on a bi-weekly pickup) Container Size 2 yd. $19.40 3 yd. 21.44 4 yd. 22.21 6 yd. 25.53 8 yd. 27.09 Collection & Hauling Rate Per Unit Monthly Service Refuse Collection Recycling Total Per Unit Fee-Contractor Administrative Fee Franchise Fee (10%) Total Monthly Fees Per Unit (C) Commercial Monthly Cost Franchise Fee Total COntainer Fees $1.94 $21.34 2.14 23.58 2.22 24.43 2.55 28.08 2.71 29.80 Monthly Cost Per Unit $1.44 1.48 n o= 0.88 $2.29 2.36 0.35 0.23 0.24 · ,~ o. 2.95 (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: 3 Ord. No. 25-00 (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than six days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size 2 yd Collection Disposal Container Maintenance Fee 9.27 9.53 Container Pickup Frequency (Per Week) 1 2 3 4 5 6 $ !s.5~ $ ..... $ ..... $ ..... $ ..... 19.05 28.58 38.10 47.63 .57.16 16.28 32.56 48.84 65.12 81.40 97.68 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees $ ..... 45.21 71.01 96.82 122.62 148.43 174.24 Franchise Fees (10%) a..59 ~ 4.52 7.10 Total Fees 1471 1727 9.68 12.26 14.84 17.42 · , ...... . ..... $ ...... $ 49.73 78.11 106.50 134.88 !63.27 191.66 4 Ord. No. 25-00 3 yd CoRecfion Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (10°/o) Total Fees 14.29 28.58 42.87 57.16 71.45 85.73 24.42 48.84 73.26 97.68 122.11 146.53 21.44 21.44 21.44 21.44 21.44 21.44 60.15 98.86 137.57 176.28 215.00 253.70 eno no~ *~r.A 1747 2131 6.02 9.89 13.76 17.63 21.50 25.37 $ ~5.7~ $1 ..... $ ............ $g34~ ~'~ ~ 66.17 108.75 151.33 193.91 2~6,50 279.07 4 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (10%) Total Fees $ ..... $ ..... $ ..... $ ..... $ 92.66 $ ...... 19.05 38.10 57.16 76.21 95.26 114.31 32.56 65.12 97.68 130.25 162.81 195.37 22.21 22.21 22.21 22.21 22.21 22.21 73.82 125.43 177.05 228.67 280.28 331.89 7.38 12.54 17.71 22.87 28.03 33.19 81.20 137.97 194,76 251.54 308.31 365.08 5 Ord. No. 25-00 6 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (10%) Total Fees 28.58 57.16 $5.73 114.31 142.89 171.47 48.84 97.68 146.53 195.37 244.21 293.05 25.53 25.53 25.53 25.53 25.53 25.53 $ ...... $ ...... $ ...... $ ...... $4 ..... $ ...... 102.95 180.37 257.79 335.21 412.63 490.05 1022 ~'~oo -,=== ='~ ,~* ~no-~ ao=a 10.30 18.04 25.78 33.52 41.26 49.01 113.25 198.41 283.57 368.73 453.89 539.06 8 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (10%) Total Fees 38.10 76.21 114.31 152.42 190.52 228.62 65.12 130.25 195.37 260.49 325.62 390.74 27.09 27.09 27.09 27.09 27.09 27.09 130.31 233.55 336.77 440.00. 543.23 646.45 13.03 23.36 33.68 44.00 54.32 64.65 ~ $g44~,~'~", .wn~ $4;ah4~,o*=n*, ,.w°~ $~¢-,24 143.34 256.91 370.45 484.00 597.55 711.10 6 Ord. No. 25-00 Commercial/Multi-Family Rolloff Containers: Open-top rolloff container $95.00 per pickup plus disposal cost Compactors $95.00 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard 295.00 30 Yard 345.00 40 Yard 395.00 Excludes commercial recycling and construction/demolition debris. 95-Gallon Cart Service Pickups Per Week Collection* Disposal Container ~ Fr. Fee i $ !~..~3 14.76 $ 8.14 $2.00 $ 24.47 24.90 $ .... ~A~ 2.49 ..... 5 26.42 16.28 2.00 ~.3.gg 44.90 ~..g94.47 3 3.5.95 38.06 24.42 2.00 ,5~.37 64.48 `5.?, 6.45 4 ~o ~ 49.70 32.56 2.00 o~ o4 84.26 o .o 8.43 5 en r. 61.36 40.70 2.00 ~n~ ~ ...... ~ .... 7 104.06 ~ ^,,.~.,'''~ 10.41 .... 7 73.00 48.84 2.00 121.71 .123 84 12.17 12 38 Total Fee $ 2`5.92 27.39 ,m '~,~ 49.17 ~.n ~ 70.93 n~ ~n 92 69 a~. en 114.46 ~a'~ oo 136.22 NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1,a. onn...- g000. (I2}) The charges set forth above for mechanical containers and rollout carts shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the City or provided by the City's contractor shall be used. Ord. No. 25-00 ! ~ That all ordinances or parts of ordinances m conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective on October 1, 2000. PASSED AND ADOPTED in regular session on second and final reading on this the 19t:h day of September ,2000. A'I WEST: City Clerk / 1 First Reading September 7t 2000 Second Reading September 19, 2000 MAYOR 8 Ord. No. 25-00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM lO./~. - REGUI.ttR MI~.~TING OF SEPTEMBER 19, 2000 ORDINANCE NO. 17-00 (CITY PURCHASING) DATE: SEPTEMBER 15, 2000 This is second reading and a public hearing for Ordinance No. 17-00 which amends Chapter 36 of the City Code relative to purchasing procedures. The changes are outlined in the attached memoranda from the City Attorney and the Finance Department. At first reading on September 7m, the City Commission passed the ordinance by a 4 to 0 vote. Recommend approval of Ordinance No. 17-00 on second and final reacting. Re~SAgmemo21.Ord.17-00.Ch.36.Purchasmg CITY ATTORNEY'S OFFICE Ali. America City 1992t TO: 200 NV,' Jsl AVENUE · DF. LR,~Y BEACH, FLORIDA 33444 TELEPHONE 561,243-7090 · icACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM August 26, 2000 David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance Changes to Chapter 36 - City Purchasing, Attached is the revised proposed ordinance modifying the City's purchasing ordinance. The proposed ordinance primarily provides for the following: (1) There are changes in the $1,000 or less purchasing category to allow for purchasing card use. (2) There is an increase from $10,000 to $15,000 as the upper limit for purchase approval by the City Manager. I believe the ordinance limits have not changed since 1983. The ordinance, however, retains the provision of City Commission approval if the award is not to the lowest bidder. (3) The ordinance updates certain personnel titles. (4) The ordinance provides for electronic responses for acquisitions up to $6,000. If the ordinance is acceptable to you, please place on an upcoming City Commission agenda. Please call if you have any questions. Attachment Alison MacGregor Harty, City Clerk Joseph Safford, Finance Director Milena Walinski, Assistant Finance Director Jackie Rooney, Purchasing Supervisor MEMORANDUM From: Date: Subject: David Harden, City Manager ')Milena Walinski CGFO, Acting Finance Director July 19, 2000 Recommended Changes to Purchasing Limits Changes are being recommended to existing purchasing limits to ease the administrative burden on departments and also to increase the threshold for competitive bids fi.om $10,000 to $15,000, which will bring competitive bid limits in line with FS 287.057. Although the State has a higher threshold for construction and associated design services, I do not feel the City would benefit fi.om that change. Please review the requested changes. Purchases fi.om $1 to $1,000 No quotes required. Department Head must approve. Department will make every attempt to receive two (2) quotes, verbal, electronic or written for items over $500. Use of Purchasing Card when appropriate. Purchases awarded hy Purchases fi.om $1,001 to $5,999 Three (3) quotes, verbal, electronic or written required, or, utilize contract by local, State, Federal agency or cooperative purchasing group. Purchases awarded by Purchasing Supervisor. Purchases from $6,000 to $14,999 Three (3) written quotes or utilize contract by local, State, Federal agency or cooperative purchasing group. Award to lowest responsible and responsive bidder. Requires City Manager approval. Purchase over $15,000 Formal competitive bid/quote Requires City Commission approval As a note, if Ordinance No. 36 is changed, please update title changes from Purchasing Officer and Purchasing Administrator to Purchasing Supervisor. mlw Doc: purch limit chg C: Joseph M. Safford, Finance Director Jackie Rooney, Purchasing Supervisor ORDINANCE NO. 17-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TILANSACTIONS", SUBHEADING "CITY PURCHASING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 36.02, "ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES"; BY AMENDING SECTION 36.03, "VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION PRICE"; BY AMENDING SECTION 36.05, "BIDDING PROCEDURES", SUBSECTION (C); BY AMENDING SECTION 36.08, "EMERGENCY PURCHASES"; AMENDING SUBHEADING "CHANGE ORDERS AND CONTRACT MODIFICATIONS" BY AMENDING SECTION 36.12, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION"; BY AMENDING SECTION 36.13, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION CONTRACTS", TO PROVIDE FOR A STREAMLINED PROCEDURE FOR PURCHASES UNDER $1,000.00, TO ADD ELECTRONIC BIDS/QUOTES FOR PURCHASES UNDER $6,000.00, TO PROVIDE FOR CHANGES IN THE CITY'S PURCHASING LIMITS AND TO CORRECT CERTAIN TITLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach &sizes to update the Code of Ordinances regarding certain purchasing limitations and to reflect current rifles of persons involved in various aspects of the City's purchasing procedure; and WHEREAS, the need to revise certain limits is appropriate and will partially adjust for the impact of inflation since the original limits were adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Subheading "City Purchasing", Section 36.02, "Acquisition of Personal Property, Supplies or Contractual Services", of the Code of Ordinances of the City of Dekay Beach is hereby amended to read as follows: Section 36.02 ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES. Whenever the City shall seek to acquire personal property, supplies, or contractual services, the following procedures shall be implemented Ey thc Pvzc~asL~g (A) For acquisitions of personal propertT, supplies, or contractual services costing under $1,000.00, the Department Head or ..... ~' ........ .. t' ............ ~ koc a:vazdcd ko3' the Purchasing Supervisor may'approve the acquisition and award the purchase to the best competent vendor without CiD, Manager or Commission review. However, the Purchasing Of~qccz Supervisor or Department Iqead will, insofar as it is practical, obtain two (2) quotations, either c, zal verbally, electronically or in xvriting ----: -- .~,~,~.,, for purchases between ¢ ...... $500.00 and $1,000.00. If a purchase order is used, the Purchasing Super~4sor shall award and sign the purchase order. 03) For acquisitions costing $1,000 or more, but less than $6,000.00, purchases may be awarded b~ the Purchasing ...... Supervisor ........ t~ ................. m' ...... ~ ~ C~ts' · x,{ana-cr oz 1~3 d^~: ..... .a · r-~cc. .... s '~"'s ........ after the Purchasing .~,r;ccz Supervisor or his/her designee has e~ther: (1) Solicited competitive bids/quotes, verbally, electronically or in writing, from at least three different sources of supply, when available; or (2) Utilized a purchasing contract established by a local, state or federal governmental agency or cooperative purchasing group. (C) For acquisitions costing $6,000 or more, but less than.~..,,,,,~,~.,~,,e~n tmt~ cm $15.000.00, purchases may be awarded by &e P~chas~g Of~czz Supenfsor to the low responsible bidder, subject to Ci~ Manager approval. ~ere ~e proposed award is not to the tow bidder, &e bids/quotes shag go to &e CiB, Co~ssion for renew ~d award. Awards w~ be made only after ....... ~ ....... Supenfisor ur ~s/her desi~ee has eider: (1) Solicited competitive bids/quotes, in writing, from at least three different sources of supply, when available; or (2) Utilized a purchasing contract established by a local, state or federal governmental agency or cooperative purchasing group. 0D) For acquisitions of $!0,000 $15,000 and up, purchases shall be made by the Purchasing ©fSccz Supervisor after the Commission has reviewed and awarded the bid/quote. Bids/quotes shall be secured in the manner prescribed in subparagraph (E) of this section. shall either: Conditions for securing formal bids/quotes. The Purchasing Of.qccr Supervisor (1) Solicit competitive bids/quotes in a formal written manner from at least three different sources of supply when available; or (2) Utilize a purchasing contract established by a local, state or federal governmental agency or cooperative purchasing group. 2 Ord. No. 17-00 Section 2. That Chapter 36, "Finance; City Property Transactions", Subheading "City Purchasing", Section 36.03, "Variances Between the Bid/Quote and Acquisition Price", of the Code of Ordinances of the City- of Deltay Beach is hereby amended to read as follows: Section 36.03 VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION PRICE. The Purchasing Admk-A~watc, z Supervisor shall have the authority to make purchases for personal property, supplies, or contractual sex-v-ices under Section 36.02 if the delivered price does not either: (A) Exceed ten percent (10%) or $1,000, whichever is lower, of the bid/quote price of the awarded vendor; or 03) Does not exceed the next lowest bidder, subject to current price verification. Section 3. That Chapter 36, "Finance; City Property Transactions", Subheading "City' Purchasing", Section 36.05, "Bidding Procedures", Subsection 36.05(C), of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 36.05 BIDDING PROCEDURES. (C) One-price, cost-plus, and dollar amount bids. Invitations to bid shal/define the nature of the bid in terms of these categories as a one-price bid, a cost-plus bid, cost-plus fi`xed fee bid, or a dollar amount as it may be determmed by a stated formula (but only one category shall be defined in the invitation). (l) In the case of a one-price bid, the xvhole cost to the City shall be inclusive of all cost and expense elements as engineering, legal, or technical consultation fees, job-preparation expense, insurance premiums, shipping charges, stand-by time, and the fixing or traveling expenses of job personnel (although a detailed schedule of all costs and expenses shall not be required to be disclosed in the case of a one-price bid), together with a schedule of proposed terms of payment and any allowable discounts. (2) A cost-plus, or any shding scale, bid may be invited with the concerted approval of the City Manager and the Director of PuEllc \v, Tc~zks Environmental Setw-ices in the case of a proposed project for xvhich reasonable cost or expense estimates do not appear feasible (as in the case of a project involxing possible removal of unknown quantities of concealed rock). Under this cixcumstance, the bid shall set forth the total of all of the details of determinable costs and expenses together xvith schedules of the variable cost elements as unit-costs, per diem costs, and the like, as are required by the bid invitation. Ord. No. 17-00 Section 4. That Chapter 36, "Finance; Cit-),, Property Transactions", Subheading "City Purchasing", Section 36.08, "Emergency Purchases", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 36.08 EMERGENCY PURCHASES. The provisions of Section 36.02 notwithstanding, the City Manager or his designee, as specified in writing, shall have the authority to make certain emergency purchases only when the health, safety, or general welfare of all or a significant specified portion of the residents of the City are affected. (A) The City Manager shall institute writren administrative procedures for the proper execution of the emergency purchases by City. administrative staff as set forth herein. 03) For emergency purchases which are not anticipated to exceedwe~nnnnnn, v,vvv.vv $15,000.00, the City Manager shall have the authority to waive the provisions set forth in Section 36.02 of this chapter, and shall subsequendy so notify, the City Comrmssion of such emergency purchase. (C) For emergency purchases which are anticipated to exceed the sum of ,~ ~ v, ...... $15,000.00, the City Manager shall first endeavor to notify the Mayor for purposes of calling a special emergency meeting of the CiD, Commassion to approve said purchase in advance. If the City Manager determines that a quorum for such an emergency special City Commission meeting cannot be obtained, the City Manager shall have the authority to make suc~ purchases provided that dae t' ........~a~ '-,,,.~.. ............ '~-~,.,~,a and t?,at the purchase shall be subsequently, ratified by the City ComnUssion at the next regularly scheduled City Commission meeting. (I2)) For purposes of this section, "EMERGENCY" shall mean a situation in which the health, safety or general welfare of all the residents or a significant specified portion of the residents of the City are affected or shall be irreparably harmed should the purchase occur through the regular purchasing procedures set forth in Section 36.02 rather than through the emergency procedures set forth herein. Section 5. That Chapter 36, "Finance; City, Property- Transactions", Subheading "Change Orders and Contract Modifications", Section 36.12, "Change Orders or Contract Modifications; Nonconstrucfion", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: 4 Ord. No. 17-00 Section 36.12 CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION. (A) All changes to nonconstruction purchase orders or contracts shall be by issuance of a change order or contract modification. Except as otherwise provided in this subchapter, the Purchasing Dizcctc, z Super~4sor ma3, issue, subject to approval by the City Manager or his designee, change orders or contract modifications to correct errors, omissions or discrepancies in contract documents; cover acceptable overruns and freight costs; incorporate requirements to expand or reduce the scope of goods or services ordered; or to clkect other changes in contract execution to meet unforeseen field, regulator), or market conditions, where changes will not exceed ~e ~ 0,900 ~ 15,000. 03) Where changes will increase the purchase order or contract total - e a n na ~15,000, the Purchasing Dizcctc. r Supervisor shall have the approval of the CiD, ConmUssion. A sen, ice author/zat/on issued pursuant to a City Comtmssion approved continuing ser~4ces contract for a separate and distinct project xvhich does not exceed ean naa ~.,~,vv,, $15,000 for the particular project may be approved by the City Manager or his designee. Service authorizations for separate and distinct projects xvhich exceed $I0 000 ~15 000 re,,,,;~,~ City Commission approval. Where changes to a sen,ice author/zafion for a particular project are made xvhich xvill increase the total cost of the particular project author/zed by the initial sendce authorization e~ a ~ over ,,.~,,~,,0 $15,000, or involve an extension of time, the sen, ice authorization shall be approved by the City Commfission. Section 6, That Chapter 36, "Finance; City Propert7 Transactions", Subheading "Change Orders and Contract Modifications", Section 36.13, "Change Orders or Contract Modifications; Construction Contracts", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: as follows: Approval of construction contract change orders or contract modifications shall be (A) A change order or contract modification of ~.~,~90 ~15,000 or less shall be initiated by a Department Head and the City Engineer or outside engineer subject to City Manager or his designee's approval. 03) A change order or contract modification in an amount o~er ,,~,,~,,,, $15,000, or involving an extension of time, must have City Commission approval. City Commission approval is required xvhen the cumulative total of change orders or contract modifications exceed $15,000 for any one contract. 5 Ord. No. 17-00 (C) A service authorization issued pursuant to a continuing contract for a separate and distinct project which does not ex ¢~ n a ceed ,~.,,,v00 $15,000 may be approved by the City Manager or his designee. Service authorizations for separate and distinct projects xvhich exceed ¢~n ,~ ~, ,,,,,00 $!5.000 shall require City Comrmssion approval. Where changes to a service authorization for a particular project are made which xvill increase the total cost of the particular project authorized by the initial service authorization over $I0,000 $!5.000, or involve an extension of time, the serxfce authorization shall be approved by the City Commission. Section 7, That should any section or proxfision of th/s ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invahd, such decision shall not affect the vahdity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herexvith be, and the same are hereby repealed. Section 9, That this ordinance shall become effective immediately upon its passage on second and final reading. the 19th PASSED AND ADOPTED in regular session on second and final reading on this __ day of September ,2000. ATTEST: Ci, ~lerk d MAYOR First Reading September 7, 2000 Second Reading September 19, 2000 Ord. No. 17-00