The URL can be used to link to this page

Agenda Reg 04-03-01City of Delray Beach Regular Commission Meeting Tuesday, April 3, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public 1s 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. Pubhc Hearings: Any citizen is entitled to speak on items under this section. 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. 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 riF~ht 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 si~n-ln 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 §ranted 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. The City will furmsh 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 tIT)D), 24 hours prior to the event in order for the City to accommodate your request. Adapuve hstenmg devices are available for meetings in the Commission Chambers 2. 3. 4. 5. o o ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · Regular Meeting - February 6, 2001 · Special Meeting - March 14, 2001 PROCLAMATIONS: PRESENTATIONS: A. Del-Aire/Delray Citizens for Delray Police (Perry DonFrancisco) tournament to benefit the Police and Fire Departments. Delray Camera Club Presentation: 7m Annual Members' Showcase "Delray at Work and Play" CONSENT AGENDA: City Manager Recommends Approval. A. JOINT PARTICIPATION AND PROIECT FUNDING annual golf AGREEMENT Bo /PALM BEACH COUNTY: Accept a Joint Participation and Project Funding Agreement with Palm Beach County in the amount of $948,431.50 for the construction of utility upgrades and relocation associated with the Lake Ida Road Widening Project. Funding is available in the amount of $219,051.50 from 442-5178-536-65.18 (Lake Ida Road Utility Relocations), $206,648.00 from 441-5161-536-63.78 (Chatelaine Lift Station) and $522,732.00 from 441-5181-536-69.21 (Barwick/Lake Ida Road Force M n). FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECT (FDEP) PERMIT FEES: Approve permit fees in the amount of $16,500 for FDEP related to the Year 2001 Beach Nourishment Project. Funding is available from 332-4164-572- 49.90 (Beach Restoration Fund). REQUEST TO SUBORDINATE CITIES' SECOND MORTGAGE POSITION: Approve request to subordinate the Cities' second mortgage position in the amount of $17,094 to avoid foreclosure for a Housing Rehabilitation Program recipient. RESOLUTION NO. 29-01: Api~rove a resolution assessing costs for action necessary to remove junked and/or abandoned vehicles from five (5) properties throughout the 04-03-01 RESOLUTION NO. 30-01: Approve a resolution assessing costs for action necessary to abate nuisances on eight (8) properties throughout the City. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant/family in the amount of $15,000, for property located at 135 NW 8th Avenue. This represents the 121'~ applicant/family under the Delray Renaissance Program. Funding is from 118-1924-554-83.01 (SHIP Program). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 19th through March 30, 2001. H. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $93,087.90 to Drilling Services, Inc., for the abandonment and re-construction of Drinking Water Well #26 with funding from 442-5178-536-61.82 (Water/Sewer Renewal & Replacement). REGULAR AGENDA: CONTRACT AWARD/MEGAN SOUTH, INC. (WEST ATLANTIC AVENUE BEAUTIFICATION - PHASE 1) Consider approval of a contract award in the amount of $1,170,187.00 to Megan South, Inc., (second low bid) for the West Atlantic Avenue Beautification - Phase 1. Funding is available from 441-5161-536-65.49 (West Atlantic Water Main) for $87,310.75 and $1,082,876.25 from the CRA. B. REQUEST TO PARTICIPATE IN AMERICORPS FLORIDA READS! FOOD DRIVE: Consider a request from the Education Foundation of Palm Beach County to participate in AmeriCorps Florida Reads! Palm Beach County "Food Drive" during the week of April 23rd through April 27, 2001. SPECIAL EVENT/CINCO DE MAYO FIESTA: Consider a request for special event approval to allow the Cinco De Mayo Fiesta to be held Saturday, May 5, 2001, including use, set-up and take-down of the large City stage, staff support for security and waiver of security costs. SPECIAL EVENT/THE LEUKEMIA AND LYMPHOMA SOCIETY ANNUAL 2K WALI~ Consider a request for special event approval to allow the Leukemia and Lymphoma Society Annual 2K Walk to be held on September 20, 2001, including a temporary use permit for the use of the sidewalks along A1A and Anchor Park, staff support, consideration of waiving overtime costs and the request to use Sandoway Park for overflow parking. RESOLUTION NO. 31-01: Consider approval of Resolution No. 31-01 and Contract for Sale and Purchase between the City and Melanie & Gregory McElroy authorizing the City to purchase property located between the Woods of Southridge Subdivision and SW 4th Avenue in the amount of $21,650. The purpose of the acquisition is to -3- 04-03-01 10. 11. 12. provide public right-of-way. REQUEST FOR SPONSORSHIP/WORLD TRADE CENTER PALM BEACH: Consider a request from the World Trade Center Palm Beach to participate in the World Trade Luncheon. PUBLIC HEARINGS: ORDINANCE NO. 23-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M). This ordinance is being modified by the City Attorney's office and will be continued to the April 17t~ meeting for First Reading/First Public Hearing. 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. FIRST READINGS: ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public Utility Companies within the City of Delray Beach in order to help control the spread of Citrus Canker. If passed, a public hearing will be scheduled for April 17, 2001. ORDINANCE NO. 25-01: An ordinance rezoning from PCC (Planned Commerce Center) to RT (Resort Tourism) for Glacier Ice and Snow Arena on a 5.963 acre parcel of land, located at the southeast corner of Lake Ida Road and Congress Avenue (north half of the Congress Commerce Center site). If passed, a public hearing will be scheduled for April 17, 2001. ORDINANCE NO. 22-01: An ordinance amending Chapter 4, "Zoning Regulations" of the LDR's by amending Section 4.6.7, "Signs", clarifying the purpose and regulations relating to non-commercial speech; repealing the sign matrix chart and enacting a new sign matrix chart; amending the definition section by amending the definitions of on- premise sign and vehicular sign. If passed, a public hearing will be scheduled for April 17, 2001. 1. Discussion of Pending Off-Premise Sign Applications ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section to provide clarification to the definition "Ground Floor Building Area". If passed, a public hearing will be scheduled for April 17, 2001. 04-03-01 ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking Regulations", of the City Code or Ordinances by amending Section 71.07, "When Impoundment Authorized", by amending Subsection (E) to include emergency vehides. If passed, a public hearing will be scheduled for April 17, 2001. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission -5- 04-03-01 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - APRIL 3, 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: e PROCLAMATIONS: A. "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK" April 8th through April 14, 2001 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. FEBRUARY 6, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, February 6, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attomey Susan A. Ruby 2. Reverend Matthew "Bump" Mitchell with Christ Missionary Baptist Church delivered the opening prayer. e given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL Mayor Schmidt noted the addition of Item 9.N. Final Plat Approval/Del Raton Park Replat No. 1, to the Regular Agenda by addendum. The City Attorney requested the postponement of Item 9.C., Waiver Request to Reduce Open Space Requirement/Block 69 Municipal Parking Garage, to the Regular City Commission Meeting of February 20, 2001. Ms. McCarthy moved to approve the agenda as amended, seconded by Mrs. Archer. Prior to the vote, Mr. Schwartz stated that Items 12.A. through 12.E. regarding the ordinance on the Charter Revisions should be removed from the agenda. He suggested that the City present this to a Citizens Charter Revision Committee as was done approximately ten years ago so that adequate public input can be given prior to it being presented to the City Commission. In addition, Mr. Schwartz stated he would also like to to see this issue placed on the ballot. At this point, Mayor Schmidt asked Ms. McCarthy if she accepts the amendment to the motion. Ms. McCarthy stated she accems the amendment to the At this point, the City Manager identified that three of these amendments are technical amendments, which straighten out internal conflicts in the Charter and do not make any substitute change. He encouraged the Commission to wait and discuss Items 12.A., 12.C., & 12.E. since these pertain to technical issues. As for the substitute amendments, the City Manager agrees that these should be presented to a Citizens Charter Revision Committee for review. The Commission concurred with the City Manager and some discussion followed. Ms. McCarthy asked for clarification regarding Item 12.C. The City Attorney gave a brief explanation about how Item 12.C. ultimately relates to the term limits. Based on the City Attorney's explanation, Ms. McCarthy stated she can accept Items 12.A. and 12.E. but does not feel comfortable with Item 12.C. and she will amend her motion accordingly. As it stands now, Mayor Schmidt stated the motion would be to remove Items 12.B., 12.C., & 12.D. from the agenda. Mrs. Archer stated that she does not see a real problem with Item 12.C. and withdrew her second to the motion. Ms. McCarthy moved to approve the agenda with the addition of Item 9.N., Final Plat Approval/Del Raton Park Replat No. 1 with the deletion of Item 9.C., Waiver Request to Reduce Open Space Requirement/Block 69 Municipal Parking Garage, and deletions of Item 12.B., Ordinance No. 11-01, Item 12.C., Ordinance No. 12-01 and Item 12.D, Ordinance No. 13-01, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of January 16, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. e PROCLAMATIONS: 6.A. Recognizing and commending the Delray Rocks and Cheerleaders on their achievements during the 2000 Season. Mayor Schmidt read and presented a proclamation recognizing the Delray Rocks and Cheerleaders on their achievements during the 2000 season. -2- 02-06-01 Ben Leonard, Recreation Supervisor II, accepted the proclamation and expressed appreciation for the City's support. He personally thanked Joe Weldon, Director of Parks & Recreation, Joe Dragon, Assistant Director of Parks & Recreation, Rodger Ribeiro, Recreation Superintendent, and Ann Green, Recreation Supervisor IV for their continued support with the youth of Delray Beach. Rodger Ribeiro, Recreation Superintendent, announced that Ben Leonard has also won the Coach of the Year Award with the South Florida Youth Sports League. 6.B. Recognizing and commending Gene Tarver for his outstanding Community service and contributions to the youth of Delray Beach. Mayor Schmidt read and presented a proclamation recognizing and commending Gene Tarver for his outstanding community service and contributions. On behalf of Mr. Tarver, Ben Leonard graciously accepted the proclamation. 6oC. Recognizing the First Sister City Delegation to Moshi, Tanzania. Mayor Schmidt read and presented a proclamation recognizing the First Sister City Delegation to Moshi, Tanzania: Honorable Vice-Mayor Patricia Archer, and Regional Marketing Representative for Creditech of South Florida, Inc., Kjell Bergh, owner of Borton Volvo and recently appointed Honorary Consul for the Florida office of the Embassy of the United Republic of Tanzania, Maria Nhambu Bergh, founder of Aerobics With Soul, native Tanzania, n'Detenga n'Gurumo, Environmental Compliance Manager and Manager of the Environmental Services Water Treatment Laboratory for the City of Delray Beach, Calowise n'Gummo, business owner of Calowise Cleaning, Dale Briese, business owner of Personal Banking Services, Inc., and Chairperson of Leadership Delray Beach for the Chamber of Commerce, Ngozi Mensah, Youth Program Administrator of Palm Beach County Sports Commission and Institute, Charlotte G. Durante, Realtor & Insurance Agent, owner of Durante Realty and Durante Insurance Agency, and President of Delray Beach Sister Cities, Inc. Each member of the delegation came forward and accepted a proclamation. Charlotte G. Durante, 4165 N.W. l0th Street, stated she is honored to be a part of this delegation going to Moshi, Tanzania and thanked the Commission for this opportunity. 02-06-01 Kjell Bergh, 1153 Harbor Drive, stated the delegation would be meeting with three levels of government; the local city government, the district government, (which is equal to our County Commission), and the regional government (which is equal to our state government). Commissioner Archer expressed her appreciation and thanked everyone who has worked so hard in preparation to go on this trip. Secondly, Mrs. Archer thanked all the people who have worked so hard to get together donations for gifts for some of the individuals that the delegation will be meeting over in Moshi, Tanzania. Furthermore, she specifically thanked Mary Swinford from the Historical Society for books on Delray's history which will be given to the library, Marjorie Ferrer for working with the Downtown Development Authority (DDA) for obtaining some information, and Hands Bookstore who will be donating supplies for some of the schools in Moshi, Tanzania. Mayor Schmidt commented that this is a very exciting time for the City and noted that everyone is paying his own way with the exception of Commissioner Archer. e PRESENTATIONS: Mayor Schmidt presented and recognized Joe Safford, Finance Director, with the Distinguished Budget Presentation Award for the Fiscal Year beginning October 1, 1999. Mr. Safford thanked and recognized Regina Frazier, Budget Administrator, for all her work efforts in compiling the budget document and noted the Finance Department prepares the budget document for presentation on a national basis for the Government Finance Officers Association (GFOA). The Finance Department has received this award for approximately ten consecutive years. CONSENT AGENDA: (City Manager recommends approval) 8.A. AGREEMENT FOR FACILITATION SERVICES/DOWNTOWN BUSINESS DISTRICT PLAN: Approve an agreement between the City and Pat Bidol- Padva, Ph.D., for facilitation services associated with the MacArthur Grant/Downtown Business District Plan, in the amount of $15,000 with funding from 001-6113-559-31.90 (MacArthur Grant). 8.B. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS: Approve the Lien Review Advisory Committee's recommendations concerning the disposition of outstanding liens on 25 outstanding customer files. 8.C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/OCEAN HAMMOCK: Authorize the City to act as the utility permit applicant for the construction of a water main within state right-of-way (A1A) and approve a hold harmless agreement wherein the developer (Ironwood Properties, Inc.) -4- 02-06-01 agrees to hold the City harmless for work performed by the developer in the state right- of-way, associated with the Ocean Hammock townhouse development located at the southwest comer of Pelican Lane and A 1A. 8.D. DECLARATION OF RESTRICTIONS BY F.I.N.D. ON THE ODABACHIAN PROPERTY: Approve a Declaration of Restrictions requested by the Florida Inland Navigation District (F.I.N.D.) which provides that the Odabachian property recently purchased by the City shall be used as a public boat parking area in conjunction with the planned boat ramp to be constructed on the adjacent F.I.N.D. parcel (MSA 650). 8.g. LETTER OF AGREEMENT/GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. (PARKS AND RECREATION MASTER PLAN): Approve a letter of agreement between the City and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. for that firm to perform a Needs Assessment and prepare a Master Plan for the Parks and Recreation Department, with funding in the amount of $78,700 from 334-6111-519-31.30 (General Construction Fund - Engineering/Architectural). 8oF. AMENDMENT gl TO INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/CNG FUEL MANAGEMENT SERVICES: Approve Amendment gl to the interlocal agreement between the City and Palm Beach County for CNG (Compressed Natural Gas) fuel management services by extending the agreement for five (5) years, to August 18, 2006. g.G. SERVICE AUTHORIZATION #7/MATHEWS CONSULTING, INC. (N.E. 4TM STREET WIDENING): Approve Service Authorization #7 in the amount of $24,700.00 with Mathews Consulting, Inc. for engineering services associated with the widening of NE 4th Street from NE 2nd Avenue to NE 5th Avenue (southbound Federal Highway), including coordination with FEC Railway regarding the FEC crossing, with funding from 334-3162-541-65.19 (General Construction- NE 4th Street Improvements). 8°H. CLOSEOUT CHANGE ORDER gl & FINAL PAYMENT/MOLLOY BROTHERS (SEACREST/DEL-IDA NEIGHBORHOOD IMPROVEMENTS PHASE I): Approve closeout Change Order gl in the amount of $27,106.50 and final payment in the amount of $40,146.75 for completion of the Seacrest/Del-Ida Neighborhood Improvements Phase I project, with funding in the amount of $10,200 from 442-5178-536-63.50 (W&S R&R - Water Distribution Improvements), $16,906.40 from 334-3162-541-62.54 (General Construction Capital Outlay - Seacrest/Del-Ida), and $13,040.35 from 448-5461-538-63.97 (Stormwater- Other Improvements). g.I. CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/SIGA INC. (ORCHARD VIEW PARK): Approve closeout Change Order #2 in the amount of $2,970.54 and final payment in the amount of $6,052.66 to SIGA Inc. for completion of the Orchard View Park project, with funding from 334-6112-519-63.40 (General Construction Fund - Recreational Improvements). 02-06-01 8.J. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $21,375.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 117th homeownership assistance grant provided through the program to-date. g,K. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $16,047.00 to allow the applicant to obtain a new mortgage for construction of a single family home. 8oto RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of January 18, 2001. 8.M. RESOLUTION NO. 7-01: Approve a resolution supporting increased funding for Regional Planning Councils. The caption of Resolution No. 7-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING INCREASED FUNDING FOR REGIONAL PLANNING COUNCILS. (The official copy of Resolution No. 7-01 is on file in the City Clerk's office.) 8.N. RESOLUTION NO. 8-01: Approve a resolution assessing costs for action necessary to abate nuisances on twenty-three (23) properties throughout the City. The caption of Resolution No. 8-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF -6- 02-06-01 NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 8-01 is on file in the City Clerk's office.) 8oO. APPOINTMENT OF OUTSIDE COUNSEL/MERVIL & SELDIN CLAIMS: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 16th through February 2, 2001. 8.Q. AWARD OF BIDS AND CONTRACTS: Bid award in the estimated amount of $87,400 to CSR Rinker for the annual Ready Mix Concrete contract, via joint bid with the City of Boynton Beach, with funding from 001-3113-541-53.90 (Streets Maintenance - Other Road Materials) and various capital project accounts Bid award in the estimated amount of $15,680 to Tanner Industries for the annual Anhydrous Ammonia contract for the Water Treatment Plant, via joint bid with the City of Boynton Beach, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). 0 Purchase award in the total amount of $16,800 to Otto Industries, Inc. for the purchase of 588 68-gallon roll garbage carts, with funding from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal & Replacement). 108 of the carts will be delivered free of charge as warranty replacements for defective carts. Contract award in the amount of $702,506.25 to Rosso Paving & Drainage, Inc. for the Marty Fladell Drive & N.W. 18th Avenue improvements, a 2000 Roadway Bond project, with funding in the amount of $338,088.45 from 370-3162-541-65.47 (2000 Roadway Bond Program), $182,148.50 from 448-5470-538-65.47 (Stormwater), and $182,269.30 from 441-5161-536-65.47 (Water & Sewer New Capital). e Purchase award in the amount of $30,870.00 to RLS Lighting, Inc. for the purchase of park benches and litter containers to be placed along Pineapple Grove Way (N.E. 2nd Avenue) between Atlantic -7- 02-06-01 Avenue and N.E. 4th Street, with funding in the amount of $11,130 from 433-3711-534-49.35 (Sanitation Fund - Cart Renewal & Replacement) and $19,740.00 from 334-6111-519-65.12 (General Construction Fund - NE 2nd Avenue Improvements). Mr. Schwartz moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, Mayor Schmidt complimented the Lien Review Advisory Committee for their recommendations concerning the disposition of outstanding liens on 25 outstanding customer files (Item 8.B. of the Consent Agenda). 0 REGULAR AGENDA: 9oA. CONDITIONAL USE REQUEST/CUSTOM CAR WORKS: Consider approval of a request for conditional use approval to establish a window tinting and car stereo sales/installation operation for Custom Car Works, located within the LL Park of Commerce located at the northeast comer of Congress Avenue and Dr. Carol Krol Way. The subject property is zoned MIC (Mixed Industrial and Commercial) District. QUASI-JUDICIAL PROCEEDING Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated all involved parties would conduct this item as a quasi-judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. on this item. The City Clerk swore in those individuals who wished to give testimony Paul Dorling, Principal Planner, entered into the record the Planning and Zoning Department's file #2001-34 and a listing of pertinent documents. This conditional use request is to establish a window tinting, car stereo and security sales and installation operation for Custom Car Works. The use falls within the category of automobile, paint, body and repair, and requires conditional use approval pursuant to LDR Section 4.4.19(D)(1)(c). The business will occupy a 1,600 square foot Bay of an existing building fronting on Congress Avenue. At its meeting of January 22, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of the Conditional Use request, based upon positive findings -8- 02-06-01 with respect to Chapter 3 (Performance Standards) and Section 22.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Bernie Hoffman, owner/applicant and residing at 940 Greenbriar Drive, stated he has owned a business on Linton Boulevard in Delray for the past ten years and is looking for a larger location. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Schwartz moved to approve the conditional use request to establish a window tinting and car stereo sales/installation operation for Custom Car Works, located within the LL Park of Commerce, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9oB. RECONSIDERATION OF A CONDITION OF APPROVAL FOR WATERWAY VILLAGE: Consider a request to modify the original conditions of approval with respect to off-site improvements associated with Waterway Village, a proposed mixed use (residential/commercial) development located at the southwest comer of South Federal Highway and Lindell Boulevard. Paul Dorling, Planning Director, stated that at its meeting of September 19, 2000, the City Commission approved a Redevelopment Plan, Future Land Use Map amendment from RDA #6 to GC (General Commercial), and, Conditional Use for a 166- unit residential development on a 11.99 acre site south of Lindell Boulevard between Dixie and Federal Highways. This development proposal was given an increase in density up to 16 dwelling units per acre subject to a proposed development's ability to comply with specific criteria outlined in the Redevelopment Plan as well as performance standards of the Land Development Regulations (LDR's). The applicant proposed improvements to these properties in exchange for the density increase. These improvements were to be provided on the Orange Royal site along Federal Highway, and the landscape nursery and convenience store sites along Dixie Highway. The applicant has further requested that the condition, which requires the applicant to be responsible for the improvements to the adjacent properties and that, these improvements be completed prior to release of the first Certificate of Occupancy (CO) for the project be amended. The requested amendment would allow any costs associated with off-site approvals to be placed in escrow and have the individual property owners proceed with the development approvals and construction. Furthermore, the applicant -9- 02-06-01 requests that these improvements not be "tied" to the Waterway Village development in terms of a Certificate of Occupancy. At its meeting of January 22, 2001, the Planning and Zoning Board considered the requests and discussed several altemative improvements, which the applicant could substitute for the original conditions of approval. After lengthy discussion the Board recommended the following on a 6-0 vote (Jess Soward abstaining): That the maximum financial obligation for off-site improvements under reconsideration for the two Dixie Highway properties (nursery and the convenience store) or any proposed alternative improvements be limited to $25,000. 2. That the original conditions be modified to require the following: Construction of a dumpster enclosure for the convenience store; · Patching and resealing the landscape nursery parking area and provision of four trees as noted in the original condition of approval; · Contribution of $16,000 to fund landscape improvements to the retention area at the northwest comer of the Lindell Boulevard and Dixie Highway (west of the FEC railroad) · If the off-site improvements on the convenience store or nursery property cannot be accomplished (a written confirmation from the owner of the site is required), the applicant is to provide additional landscaping on the north side of Lindell Boulevard as noted in Exhibit Mr. Dorling clarified that the developer would be obligated to complete the off-site improvements before obtaining a Certificate of Occupancy (CO). Mr. Perlman moved to approve the modification of the original conditions as recommended by the Planning and Zoning Board which are Item #1, Item #2, and bullets 1-3 under Item #2 (except bullet #4) as listed on page two of the Planning and Zoning Staff Report, and deny the request that the off-site property owners be responsible for the off-site improvements; and that the off-site improvements not be "tied" to the Certificate of Occupancy (CO), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.Co THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. SPECIAL EVENT REQUEST/6TM ANNUAL WINTER STREET CRAFT FESTIVAL: Consider a request for special event approval to allow the 6tn Annual Delray Beach Winter Street Craft Festival to be held on February 24-25, 2001, including a temporary use permit for street closure and staff support for security, with the event sponsor paying all overtime costs. -10- 02-06-01 (Mr. Schwartz left the dais at this time.) Robert Barcinski, Assistant City Manager, stated this is a request to endorse the 6th Annual Delray Beach Winter Street Craft Festival to be held on February 24th and 25th from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue, and to authorize staff support for security. Mr. Barcinski noted that the original request was the closure of two blocks, however, this has been amended to one block north/south. This is one of the Howard Alan Events, Ltd. which will handle vendor management and set up, site clean up, barricades, and port-o-lets. The main cost is for police overtime for security, which will be approximately $1,800 due to the change versus $2,300. Mrs. Archer moved to approve the 6th Annual Winter Street Craft Festival to be held on February 24-25, 2001 including a temporary use permit, approval of staff support for police security with the sponsor paying all overtime costs contingent on the receipt of the required liability insurance and hold harmless agreement, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 3-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations by placing a moratorium on business uses as defined herein opened for business at any time between the hours of 12:00 midnight and 5:00 a.m. for a period of six months from the date of adoption of this ordinance in the General Commercial zoning district and the Central Business District within the Downtown Development Authority area. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 3-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL -11 - 02-06-01 COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), (C), (D) AND (G), AND BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND (D) WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA AS MORE PARTICULARLY DESCRIBED HEREIN, BY PLACING A MORATORIUM ON BUSINESS USES OPENED FOR BUSINESS AT ANY TIME BETWEEN THE HOURS OF 12:00 A.M. MIDNIGHT AND 5:00 A.M. AND AS FURTHER DEFINED HEREIN, FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE IN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE CENTRAL BUSINESS (CBD) DISTRICT WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-01 is on file in the City Clerk's Office.) Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. The following individuals spoke in favor of this item: Clay Wideman, business owner at 404 W. Atlantic Avenue, stated he supports this item from the stand of the Delray Merchant's Association, the Downtown Development Authority, West Atlantic Redevelopment Coalition (WARC) and law enforcement. He feels it will help the quality of life in the community of Delray Beach and will ultimately save a lot of residents. (Mr. Schwartz returned to the dais at this time.) Rosalind Murray, West Atlantic Program Manager, thanked the Commission for presenting this ordinance and is hopeful that in approximately six months they will have something really good to present to the Commission. There being no one else who wished to speak on this item, the public hearing was closed. - 12- 02-06-01 Mrs. Archer moved to adopt Ordinance No. 3-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 4-01 (SECOND READING/SECOND PUBLIC HEARING:) An ordinance amending LDR Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", by increasing the parking requirement for restaurants in the original Downtown Development Authority area. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 4-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO INCREASE THE PARKING REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-01 is on file in the City Clerk's Office.) Brian Shutt, Assistant City Attorney, read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. The following individual spoke in favor of this item: John Bennett, President of Progressive Residents of Delray (PROD) and speaking on behalf of PROD, stated PROD supports thc proposed change to increase thc parking requirements for restaurants in the original Downtown Development Authority (DDA) portion of the Central Business District (CBD) area from one space per 300 square feet of floor area to six (6) spaces per 1,000 square feet. -13- 02-06-01 There being no one else who wished to speak on this item, the public hearing was closed. Mr. Schwartz moved to adopt Ordinance No. 4-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 6-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Sections 4.4.13(G) and 4.4.24(G) by modifying the one time one space parking reduction within the Central Business District and the Old School Square Historic Arts District. If passed, a second public hearing will be scheduled for February 20, 2001. The City Manager presented Ordinance No. 6-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13 (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-01 is on file in the City Clerk's Office.) Brian Shutt, Assistant City Attomey, read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Planning Director, explained that this is a first reading and first public hearing for Ordinance No. 6-01 that would modify the one time one space parking reduction provision in the Central Business District, the Central Business District-Railroad Corridor, and the Old School Square Historic Arts District. - 14- 02-06-01 Ordinance No. 6-01 was drafted in response to Commission direction at the January 9th workshop, where it was the Commission's consensus not to support the complete elimination of the one time one space parking reduction. After some discussion, a compromise was suggested that would allow for a one space parking exemption in those instances where either new development, expansion of an existing use or a change in use resulted in the requirement of only one new parking space. If more than one parking space was required, no exemption would be allowed and the parking would have to be provided in order for the development to occur. Ordinance No. 6-01 was presented to the Commission for review on January 16, 2001. It was the consensus that the ordinance accurately reflected the Commission's intent, and direction was given to proceed with the required advertising. Mayor Schmidt declared the public hearing open. John Bennett, speaking on behalf of PROD, supports this ordinance and is in favor of modifying the one time one space parking reduction provision in the Central Business District, the Central Business District-Railroad Corridor, and the Old School Square Historic Arts District. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 6-01 on FIRST Reading and FIRST Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 7-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the LDRs regarding parking requirements in the CBD (Central Business District) to accommodate required parking by utilizing valet or tandem parking and establishing design standards for valet and tandem parking arrangements. If passed, a second public hearing will be scheduled for February 20, 2001. The City Manager presented Ordinance No. 7-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUB SECTION 4.4.13 (G), -15- 02-06-01 "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE THAT PARKING REQUIRED FOR CERTAIN MULTIPLE FAMILY DEVELOPMENTS MAY UTILIZE TANDEM PARKING, SUBJECT TO CERTAIN CONDITIONS; AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Office.) (The official copy of Ordinance No. 7-01 is on file in the City Clerk's The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Planning Director, stated the amendments propose to allow 100% of required parking for commercial establishments, restaurants, cocktail lounges, hotel and residential type inns within the Central Business District, east of the Intracoastal Waterway, to be accommodated through the provision of valet parking, including a parking appliance/lift system, tandem parking, or a combination of both. The proposal also includes allowing tandem parking for multiple family developments, and provides design criteria for these types of parking arrangements. The Planning and Zoning Board considered the amendments at a public heating on January 22, 2001. There was discussion concerning the provision to allow tandem parking for multiple family developments, with some concern expressed that allowing this option for developments with 25 units might be too many. While no formal recommendation was made, staff revised the ordinance to limit the use of tandem parking for multi-family developments with no more than ten (10) units. With regard to the Planning and Zoning Board's concern, as the intent is to allow tandem parking arrangements for small infill multiple family developments, it seems appropriate to limit those developments to 10 units rather than 24. Thus, the proposed amendment has been modified accordingly. After discussing the amendment, the Board voted 6-0 (Sowards stepped down) to recommend to the City Commission -16- 02-06-01 approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M). Commissioner Schwartz asked Mr. Dorling what his definition of tandem parking is? In response, Mr. Dorling stated that tandem parking usual means a car parked behind another car hence the requirement in the code that this be provided for in multi- family conditions whereas one unit required spacing would not hinder another units required spacing. Furthermore, Mr. Dorling explained that tandem parking could not be accommodated for the guest-parking requirement in multi-family developments. Commissioner Schwartz commented that if this is the requirement for east of the Intracoastal Waterway. Mr. Dorling noted that this is limited to the Central Business District (CBD) east of the Intracoastal Waterway. Mr. Schwartz inquired about the requirement west of the Intracoastal Waterway. At this time, Mr. Dorling stated this would not affect it. This has been requested here because there is an acute parking problem in this area and land values are extremely high and conventional parking has become prohibited. The City Manager asked Mr. Dorling if someone has requested the multi- family. Upon question from the City Manager, Mr. Dorling stated this was part of the initial text amendment request that was originally submitted. The developer of the hotel site for which a tandem parking arrangement was requested prompted this. Mr. Schwartz inquired as to whether or not these same circumstances are happening west of the Intracoastal as well. Mr. Dorling stated this is not as acute as it is east of the Intracoastal and this was thought of as a good way to introduce these regulations on a smaller scale before being implemented on a larger scale if appropriate. Mr. Schwartz stated he is still not clear as to why west of the intracoastal is being excluded in accomplishing this. Mr. Dorling explained that since this was a privately iniated text amendment, staff did not feel that it would be appropriate to expand this yet. If this works, Mr. Dorling stated then the City might use it throughout other areas of the City. In regard to valet parking, Mr. Schwartz asked if this would apply to only east of the Intracoastal. Jeff Costello, Principal Planner, stated multi-family would not be included as a 100% valet parking. The original request was to include multi-family providing the required parking and valet and this was excluded from the request. Mr. Costello explained that the LDR text amendment to allow 100% of required parking would only apply to commercial establishments, restaurants, cocktail lounges, hotels, and residential type inns within the CBD zone district. Mr. Schwartz asked if this means that residential valet parking would be prohibited? In response, Mr. Dorling stated that this is currently not allowed for multi-family uses. Mr. Schwartz stated he has received numerous complaints about valet parking being too costly and inquired as to why some businesses are using up to eight spaces for valet parking. He suggested that the City do something to control the cost and also look into why so many spaces are being used. -17- 02-06-01 The City Manager stated that the amendment to the agreement that the Commission previously adopted addresses the valet parking issue and the consequences if the agreement is violated. Discussion by the Commission ensued. The Commission addressed concerns regarding the potential noise that may come from hydraulic equipment and whether or not this would be a problem. Commissioner McCarthy inquired as to why valet parking is prohibited? In response, the City Manager stated that you could have valet parking if you have a normal parking lot. Mr. Dorling explained that with conventional parking the City does not dictate that someone cannot offer this service to their residents whether it be rental or ownership. Ms. McCarthy expressed concern over the hydraulic lift and feels this will create a lot of noise. She stated that if the reason for having the hydraulic lift is to have a roof to help contain the noise inside, then why would the City want one without a roof?. In response, Mr. Dorling stated that he did raise concerns regarding potential noise and the private text submitter indicated and provided information that it was not noisy. Mr. Dorling explained he is not certain that the primary purpose for the roof is to suppress noise but it may rather be an issue of visibility, an issue of protecting the vehicles from elements, or any number of things. Ms. McCarthy stated she would like to get more information regarding this. Mr. Costello stated that when making an analysis regarding a conditional use, staff does take noise into consideration. When an application is submitted and a lift system is proposed, the applicant would have to provide staff with the details regarding that particular lift system so the analysis can be made on compatibility and so forth. Mr. Dorling stated noise would be a larger concern when the parking lot is proposed directly abutting residential uses versus commercial uses. With regard to the noise level, Mrs. Archer stated that the normal zoning requirements and City code states that a certain level of noise is acceptable within the City and suggested that perhaps the City Code be amended so that these particular devices are not subject to exactly the same requirements. Mr. Dorling stated that the City might want to consider going to the site to see a hydraulic lift in operation in order to get a clear indication of its impact. The City Manager reiterated concerns and strong reservations about applying this to multi-family. He stated that he has never seen a multi-family development that does this and only if the Commission sees that it works well, then he recommends that the Commission not adopt that part of this ordinance. He stated to have open tandem parking that accommodates ten (10) units is only asking for problems. Discussion by the Commission ensued. -18- 02-06-01 Mayor Schmidt declared the public heating open. Fran Marincola, 1138 Vista Del Mar, addressed the noise issue and supports the ordinance as drafted. Dan Burns, 1036 Bucida Road, expressed concerns regarding the boats that are stacked at the marina located at George Bush Boulevard and the Intracoastal Waterway. He feels it is an eyesore to look at the stacked boats while driving on George Bush Boulevard to the marina. John Bennett, representing the Beach Property Owners Association (BPOA) stated he is not sure why this particular area is being singled out. He supports the general content of the ordinance but feels the ordinance needs some tweaking especially regarding the issue of noise. On behalf of PROD, Mr. Bennett stated that PROD supports this innovative attempt to deal with the parking problem. Neither organization has a position on the tandem parking. Personally speaking, Mr. Bennett stated he concurs with the City Manager's concern. Richard Van Gemert, 912 Eve Street, stated he sees some potential problems that may be created by this ordinance much like what the City Manager noted and feels the stacking units would be unappealing. Mr. Van Gemert feels that by surrounding these parking areas with a 12-foot wall to hide them from adjoining properties would not be aesthetically appealing either. He stated that before he retired he sold hydraulic equipment and informed the Commission that if this equipment is not maintained properly it can become a problem as it relates to noise. Furthermore, Mr. Van Gemert expressed concern over the safety of the individuals operating the equipment and the potential of them injuring themselves. He urged the Commission to consider all his concerns before considering approval. Bob Currie, 134 N.E. 1st Avenue, stated this is a creative way to get more parking where it is needed and hopes the Commission will consider this proposal. Gerald Franciosa, 939 Eve Street, pointed out that machines break down and feels with it being so close to the ocean the salt water will rot the equipment. He feels that there will be a noise problem from the equipment and urged the Commission to really think this over carefully before considering approval. Bruce Gimmy, 439 East Atlantic Avenue, stated he is very much in favor of this proposal and feels this is an ultimate solution for the parking problem. There being no one else who wished to address the Commission, the public hearing was closed. Mayor Schmidt stated he would like to see some language added into the conditions regarding noise, etc. through the conditional use process. -19- 02-06-01 Mr. Schwartz stated that the tandem parking is a residential situation which appears to not be a problem for anyone just a particular household with one car being parked in front of another. However, when referring to using these mechanical devices, Mr. Schwartz stated that people who appear to be very knowledgeable about the issue have reassured the Commission that there is not a noise problem. Mr. Schwartz agrees with Mayor Schmidt that language be inserted into the ordinance as to assure us that the noise will not irritate those people in the residential neighborhoods. In conclusion, Mr. Schwartz feels this is a very practical and progressive approach to taking care of the existing parking problem and he supports it wholeheartedly. Mrs. Archer stated that although she feels it is appropriate for someone from the Planning and Zoning Department to go and listen to the particular device, she expressed concern that a device in an open area makes a lot less noise then a device that is surrounded by walls. Furthermore, she stated that if such a device is installed between buildings, it certainly could echo back and forth and wants to make sure that staff takes this into consideration. With regard to the tandem parking for multi-family, Mayor Schmidt stated he concurs with the City Manager's recommendations. However, Mayor Schmidt stated direction is needed as whether or not to delete or modify the proposed Section 4.4.13(G)(1)(e). Mayor Schmidt stated he would support deleting the amendment. It was the majority consensus of the Commission to accept the City Manager's recommendations as it relates to tandem parking without the amendment to Section 4.4.13(G)(1)(e). Mrs. Archer moved to deny Ordinance No. 7-01 on FIRST Reading as presented this evening, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - Yes. Said motion to deny passed with a 4 to 1 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 10-01: An ordinance providing for a Charter revision by amending Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office; Filling of Vacancies", by repealing Subsections 3.06(C) and (D), and enacting new Subsections 3.06(C)(1) and (C)(2) to provide for the filling of a vacancy in the Office of Mayor, providing the length of the Mayor's successor's term and that of the Commissioner serving in the successor's former seat, including the manner of selection; and providing for a referendum to be held on March 13,2001. If passed, a public hearing will be scheduled for February 20, 2001. The City Manager presented Ordinance No. 10-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 02-06-01 - 20 - PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, AND AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.06, "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES"; BY REPEALING SUBSECTION 3.06(C) AND SUBSECTION 3.06(D); BY ENACTING A NEW SUBSECTION 3.06(C)(1) AND SUBSECTION 3.06(C)(2), TO PROVIDE FOR THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR, PROVIDING THE LENGTH OF THE MAYOR'S SUCCESSOR'S TERM AND THAT OF THE COMMISSIONER SERVING IN THE SUCCESSOR'S FORMER SEAT INCLUDING THE MANNER OF SELECTION; PROVIDING FOR THE RELETTERINIG OF SECTION 3.06; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-01 is on file in the City Clerk's Office.) RESOLUTION NO. 9-01: A resolution calling for a special election on a Charter change to be held on March 13, 2001, to provide for a referendum on the Charter change presented in Ordinance No. 10-01. The City Manager presented Resolution No. 9-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 10-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 9-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -21 - 02-06-01 Mayor Schmidt declared the public hearing open. John Bennett, 137 Seabreeze Avenue, expressed concern over the sense of urgency regarding the Charter revisions and feels the Commission should not rush this through for approval without citizen input. Henry Williams, 310 N.W. 3rd Avenue, expressed concern over the proposed changes to the City's Charter and urged the Commission to let the citizens review the amendments and allow them to give their input before this is considered for approval. Jean Beer, 2145 $.W. 26th Terrace, expressed concern over the Charter revisions and suggested that the City form a Citizen Review Committee to review any proposed changes to the Charter. Jon Levinson, 943 Evergreen Drive, expressed concern about the sense of urgency regarding the Charter revisions. Rosetta Rolle, 301 N.W. 3ra Avenue, echoed the comments and concerns of the above mentioned citizens and urged the Commission not to rush into approving any Charter revisions until citizens have had a chance to review and give their input. There being no one else from the audience who wished to speak on this item, the public hearing was closed. Mr. Perlman moved to deny Ordinance No. 10-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion to deny passed with a 5 to 0 vote. 12.B. 12.C. 12.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 12.E. ORDINANCE NO. 14-01: An ordinance providing for a Charter revision by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice- Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to clarify the "one year" exclusion from serving after completion of a term; and providing for a referendum to be held on March 13, 2001. If passed, a public hearing will be scheduled for February 20, 2001. The City Manager presented Ordinance No. 14-01: - 22 - 02-06-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION- CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", BY AMENDING SUBSECTION 3.01 (c), TO CLARIFY THE "ONE YEAR" EXCLUSION FROM SERVING AFTER COMPLETION OF A TERM; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Office.) (The official copy of Ordinance No. 14-01 is on file in the City Clerk's RESOLUTION NO. 13-01: A resolution calling for a special election on a Charter change to be held on March 13, 2001, to provide for a referendum on the Charter change presented in Ordinance No. 14-01. The City Manager presented Resolution No. 13-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A REFERENDUM ON A CHARTER CHANGE PRESENTED IN ORDINANCE NO. 14-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. Office.) (The official copy of Resolution No. 13-01 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. There being no one from the audience who wished to speak on this item, the public hearing was closed. Discussion by the Commission followed. After discussion, it was the consensus of the Commission that the Commission approve a Constitutional Revision Committee pursuant to Resolution to discuss term limits and Charter revisions. - 23 - 02-06-01 Mr. Perlman moved to deny Ordinance No. 14-01 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion to deny passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 15-01: An ordinance designating the Water House located at 916 and 918 N.E. 5tn Street as a local historic site and adding it to the Local Register of Historic Places. If passed, a public hearing will be scheduled for February 20, 2001. The City Manager presented Ordinance No. 15-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE WATER HOUSE LOCATED AT 916 AND 918 NORTISIEAST 5th STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-01 is on file in the City Clerk's Office.) The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. There being no one from the audience who wished to speak on this item, the public hearing was closed. Paul Dorling, Planning Director, stated the Water House was constructed in the resort cottage style, which emerged in the City during the 1930's. Water House provides cultural significance as it exemplifies the historical, political, economic and social trends reflected in Delray Beach during the years of the Great Depression when the more ostentatious building styles of the Florida Boom years were considered inappropriate. Pursuant to Section 4.5.1 (C)(6), after conducting the public hearing, if the Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. The City Commission considers the recommendation through its standard ordinance adoption procedures. Three affirmative votes of the City Commission is necessary to pass the designation request except in the event that a directly affected property owner objects to the historic designation, in which case a super majority vote of four votes is required. - 24 - 02-06-01 The Historic Preservation Board considered this item at a Public Hearing on January 17, 2001. Several members of the public spoke in support and opposition and a letter of opposition from the property owner to the south was presented the Board. After discussion, the Board voted unanimously to recommend historic designation to the City Commission. Prior to Second Reading of Ordinance No. 15-01, Code Enforcement will visit the site and report back to the Commission as to the status of any code violations. Mr. Perlman moved to approve Ordinance No. 15-01 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.G. ORDINANCE NO. 16-01: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code to provide for a change in the investment parameters for common or capital stock in the Police and Fire Pension Plan. If passed, a public hearing will be scheduled for March 6, 2001. The City Manager presented Ordinance No. 16-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.66, "FINANCES AND FUND MANAGEMENT," SECTION 33.66(E)(2)(b) TO PROVIDE FOR A CHANGE IN THE INVESTMENT PARAMETERS FOR COMMON OR CAPITAL STOCK; PROVIDING FOR REBALANCING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-01 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. There being no one from the audience who wished to speak on this item, the public hearing was closed. Commissioner Schwartz moved to approve Ordinance No. 16-01 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as - 25 - 02-06-01 follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries With regard to the wall at the Community Child Care Center, the Site Plan Review and Appearance Board approved the site plan associated with the Morton Downey Family Resource Center on September 27, 2000. The approved site plan indicates that the wall will be stuccoed and painted yellow to match the building. The wall extends along the west property line to the Lake Ida Road right-of-way. East of the wall along Lake Ida Road, a 6-foot high, vinyl-coated chain link fence set back approximately 5 feet from the right-of-way will be installed along with a ficus hedge along the north side of the fence to provide screening from Lake Ida Road. In reviewing this matter, the wall should have terminated five feet from the north property line to be consistent with the fence setback. Staff is currently working with the project manager to resolve this issue. To follow-up on the inquiry regarding sidewalk deferral agreements, the City Commission has not formally adopted a policy regarding sidewalk deferral agreements. However, at the meeting of June 20, 2000, there seemed to be a consensus to no longer accept sidewalk deferral agreements. Although the Commission was no longer accepting these agreements, the agreement for Church of God by Faith was approved because it was so far along in the process and had received site plan approval prior to the City Commission directive. The Engineering Department is conducting a comprehensive overview of existing sidewalks, sidewalk deferrals and sidewalk waivers. Once this information is compiled, it will be presented to the Commission for discussion and direction. At the January 16th meeting, Mr. Sherrial Clark expressed concern regarding the need for utility upgrades in his neighborhood because of chronic low- pressure problems. He resides on S.W. 13th Avenue. A review of the City utility atlas in this area shows that it is serviced by a network of old 2-inch water mains. Low-pressure problems are common and those portions of the water system not yet upgraded to adequate distribution main sizes. A water main upgrade is scheduled for S.W. 14th Avenue later this year as part of the 2000 Roadway Bond program. $1.9 million of water main upgrades for the remainder of the southwest neighborhood are currently programmed over a two-year period between 2003 and 2005, including an upgrade of the 2-inch line on S.W. 13th Avenue. Projects are generally organized to start in the easterly section of the area and proceed westerly to 1-95. Any necessary sanitary sewer rehabilitation will occur in conjunction with those projects. We have an aggressive annual program for water main upgrades which follows recommendations from the consultant's study completed in 1998. The magnitude of the required upgrades, over $16 million worth, will take a period of years to accomplish. Further complicating program - 26 - 02-06-01 administration is the fact that it has been historically driven by other project priorities usually related to roadway or drainage needs. Project priorities are reviewed on an annual basis, as the 5-Year Capital Plan is prepared. Any opportunity to advance the scheduled upgrades in the previously described area will be considered at that time. Mr. Clark also indicated that there are a great many vacant lots in his neighborhood and asked about the possibility of converting one or more of these into a playground. Staff will check with the Planning Department to see if the City owns any of the vacant parcels in the area and will assess to determine if appropriate for a playground area. This is also something we'll be looking at as part of our overall Master Plan work this year. In response to Mr. Clark's comments, a trash receptacle was placed at the bus stop at the comer of SW 12th Avenue and 2nd Street to alleviate some of the litter being discarded on the ground. We will monitor the usage of the container to determine the effectiveness of this measure. Mr. Clark said that he would mention the trash receptacle in an association newsletter to encourage its use. A meeting was held with Mr. Clark on February lSt; his concerns were identified as rental, not homestead properties in the 100 and 300 blocks of SW 12th Avenue and the 200 block of SW 14th Avenue. During the next 45 to 60 days, staff will prepare a brochure outlining basic city ordinance property standards, principally related to sanitation, junked vehicles and aesthetics and distribute the brochures to appropriate property owners. We also explained to Mr. Clark that Strategic Task Team project planning would commence in the areas he is concerned about later in the year. 11.B. From the Public ll.B.1. Alice Finst, 707 Place Tavant, confirmed the City Manager's comments that the lane striping on Lake Ida Road at Congress Avenue had not yet been done. Mrs. Finst then stated that she had an experience this past weekend with a neighbor whose house had been broken into, and she stayed with the neighbor while waiting for the Police to arrive on the scene. Mrs. Finst complained that three calls were made to the Police Department and an officer did not arrive until one hour and 45 minutes after the first call was placed. With Police response time being this deficient, she questioned if twenty (20) additional Police officers would be adequate to correct this problem. Mrs. Finst suggested the possibility of looking to add an additional 20 officers (40 total) at budget time just to get the City up to where there is a greater comfort level. Mrs. Finst then expressed very positive comments about Officer Berger, the officer who did eventually respond to the call. He was very calm and reassuring, did a thorough investigation, and offered suggestions to the homeowner on security issues. Mrs. Finst complimented Officer Berger on his handling of the situation. Mrs. Finst then commended the Site Plan Review and Appearance Board on a recent action the board took with respect to a sign application for Cheeseburger - 27 - 02-06-01 Cheeseburger at the southwest comer of Atlantic Avenue and southbound Federal Highway. The board rejected the signage that was being proposed as totally inappropriate for the location and sent the message that this kind of signage would not be acceptable anytime in the near future on Atlantic Avenue. Mrs. Finst further commented that SPRAB also approved another property on West Atlantic Avenue with courtyard parking so that the facade of the building, and not the parking area, would be visible from Atlantic Avenue. She commended the board members on this action as well. Mrs. Finst felt that this was a very positive thing and complimented the City Commission on their appointments to the Site Plan Review and Appearance Board. ll.B.2. Clay Wideman, 400 West Atlantic Avenue, expressed his appreciation to the City and to the Community Redevelopment Agency for the recent purchase of the Backroom property. He felt that this was a very worthwhile effort that has had a positive impact on the area in general. Mr. Wideman thanked everyone for taking this step in the right direction. 11.B.3. Bruce Gimmy, 439 East Atlantic Avenue, expressed his appreciation to Mayor Schmidt for taking the time and making the effort on behalf of the downtown merchants and the concerns about the placement of booths during the Delray Affair. It was his understanding, however, that the Chamber Board decided there was nothing that could be done this year, but the good news was that they decided to study the matter and hopefully offer some help in the future. Mr. Gimmy stated that he would appreciate anything that could be done for this year to help the 100, 200 and 400 block merchants. He felt that if a private entrepreneur ran a show for ten years where merchants were being hurt, the Commission would make them change their behavior. The Chamber of Commerce does many good things; however, there are times when they need to be given some direction to help the merchants who are impacted by their decisions. Mr. Gimmy stated that it is imperative for the merchants to have every opportunity for exposure and to make money. Unfortunately, they don't get exposure and they don't make money when the businesses are at the back of the booths. ll.B.4. Gerald Franciosa, 939 Eve Street, on behalf of the Tropic Isle Civic Association, stated that he had received a call that afternoon from a Tropic Isle resident that someone was walking around the neighborhood "that didn't belong there", and a call was made to the Police Department to report someone suspicious in the neighborhood. It was Mr. Franciosa's understanding that dispatch was not very helpful and he did not know if anyone responded to the call. It was sometime this afternoon (February 6th) between 3:00 and 4:00 p.m., and he asked if a check could be made to see what the response was. Mr. Franciosa then commented on what he perceives as a problem with the City's permit process. He presented the following scenario: someone hires a contractor to do renovations, the contractor gets the permit or permits for whatever work is being done and does the renovations, but in many cases the contractor bypasses the inspection process. When the job is completed, the contractor tells the homeowner that everything is done and taken care of. Mr. Franciosa stated that it was his understanding -28 - 02-06-01 that permits are issued with a time limit on them in which to do the job. What is happening is that people are getting letters ten months to a year later that certain inspections were not done, and that there are fines involved. Often the contractors do not respond, so it becomes the responsibility of the homeowner. The homeowner then has to pay the fines, go through a lot of paperwork to make himself the contractor, and then pay more money to get another permit to do the work again even though it is already done. Mr. Franciosa suggested that the Building Department notify the homeowner before the permit expires to advise if the job is deficient in any way as to required inspections. The homeowner can then get in touch with the contractor to settle the matter instead of waiting until after the permit expires. ll.B.5. Henry Williams, 310 N.W. 3ra Avenue, objected to the water restrictions being imposed on the public because of mistakes made by governing bodies. He contended that the South Florida Water Management District caused the water shortage in the first place when they dropped the water table in Lake Okeechobee, but now it is the taxpayers that are suffering. He felt that this should make everyone aware of how the people trust and depend on the so-called leaders and what happens when these leaders don't listen to the people. Mr. Williams also urged the Commission to stop all of the new construction from digging ponds when they build their buildings. Every time a hole is dug in the ground, the water table drops to the lowest point within a half a mile to a mile of the area where the hole was dug. ll.B.6. Richard Van Gemert, 912 Eve Street, speaking on behalf of the Tropic Isle Civic Association, again asked if it was the City Manager's intent to use Coastal Planning and Engineering as the source for the final survey that the City has to perform on the Tropic Isle canal dredging project? If that is the intent, Mr. Van Gemert reiterated his request to have the City meet with representatives from Tropic Isle in order to select some other firm that would be more suitable and more agreeable to all parties. ll.B.7. John Bennett, 137 Seabreeze Avenue, President of Progressive Residents of Delray (P.R.O.D.), on behalf of the organization, stated that P.R.O.D. was very encouraged to see things like community unity and public participation when the City Commission adopted it's goals and objectives. He expressed concern that there does not appear to be much follow-through on that goal when substantive changes to the City Charter are being proposed out of the blue and at the last possible minutes. Mr. Bennett noted that the Commission had fixed it to some degree by pulling three of the Charter changes off of the agenda, but was nonetheless concerned about the attitude involved with these proposals. There is supposed to be citizen involvement, and P.R.O.D. would like to see that any changes to the Charter go through a citizen review process. Mr. Bennett, on his own behalf, thanked the City Manager for his response on the sidewalk deferral issue. However, he had also asked another series of questions at the last meeting about the exploration and salvage agreement that the previous City Commission authorized and entered into on March 23, 2000. Mr. Bennett again asked what City properties were involved, who was the person the City contracted with, what was he looking for, did he find anything, did the City get anything, did anyone monitor - 29 - 02-06-01 him to see if he got anything and didn't tell the City that he got something, and who, if anyone, in the City authorized him to test bore on City property prior to the agreement? 11.B.8. Carolyn Zimmerman, 212 S.W. 2na Avenue, on behalf of the Presidents' Council, expressed concern about the proposed changes to the City Charter. She did not feel that this should be done by anyone except the residents of the City as was done in the past with a Charter Revision Committee. Ms. Zimmerman then inquired if the City was recognizing and complying with the water shortage restrictions? She stated that she had received a number of phone calls inquiring about this, and how the City has such green grass (Veterans Park was cited as an example) while most everyone else has brown lawns. Ms. Zimmerman suggested that the City do a better job of monitoring its water usage and adhering to the water restriction schedule. ll.B.9. Jean Beer, 2145 S.W. 26th Terrace, reiterated the comments made by Mr. Bennett and Ms. Zimmerman with respect to the proposed Charter changes. Further, that if a committee were to be appointed, she hoped that it would be representative of the entire community. It was her understanding that the prior Charter Revision Committee had recommended that the Charter be reviewed every ten years, and she felt it should be mandatory that if any Charter changes are proposed they should first have to be considered by a citizen review committee. Mrs. Beer continued that she was delighted to take the trip around town with the MacArthur group. It reinforced her feelings that good streets help to make better neighborhoods, and that the City needs to spend more money and more effort in the neighborhoods. She further stated that the Community Redevelopment Agency has been in existence now for over 15 years, and it is past the point where Atlantic Avenue should be done and done right. She acknowledged that the CRA bonds go out to 2019, but a sunset date for the CRA should be fixed along with a plan for closing it down. Mrs. Beer stated that the public hears more and more that the City does not have money for basic services, but there always seems to be money for the "goodies". The focus needs to be on retaining and keeping a full complement of Police officers. This is basic to the City. The Police situation is the most important thing on the agenda today, and all of the citizens are aware of it. ll.B.10. Jon Levinson, 943 Evergreen Drive, stated that he was a member of the 1991 Charter Revision Committee, and that a tremendous amount of discussion and input from the community went into that process. Also, he was not entirely sure that the proposed Charter changes that have been described as "technical" corrections are simply that. There may have been good reason for them and to change them now, arbitrarily, without going back to the original intent and without getting citizen input, would not be appropriate. Mr. Levinson felt it would be inappropriate for the Commission tonight to consider even the two Charter changes. All of the proposed changes are something that needs community input, long discussion, adequate advertising, and a community education effort. Further the short time frame between now and the March 13th election -30- 02-06-01 makes it almost impossible to adequately inform the electorate of what it is they are being asked to vote on. Mr. Levinson asked that the Commission not consider any of the proposed Charter changes as he felt it should be done in full view of the community, starting with a Charter Revision Committee. At this point, the time being 8:30 p.m., the Commission returned to Item 9.E. of the regular agenda. 9.E. SPECIAL EVENT REQUEST/ST. PATRICK'S DAY PARADE: Consider a request for special event approval to allow the 33rd Annual St. Patrick's Day Parade to be held on Saturday, March 17, 2001, including temporary use permits for street closures, staff support for traffic control and security, barricading, trash removal and assistance in obtaining the FDOT permit. (Mayor Schmidt passed the gavel to Vice-Mayor Archer and left the room for this item.) Robert A. Barcinski, Assistant City Manager, presented an overview of the request. The parade is scheduled to be held on Saturday, March 17th, beginning at 2:00 p.m. running along Atlantic Avenue from Venetian Drive west to the County Courthouse. The estimated overtime for this event is $5,100. Mr. Barcinski referred to the memorandum included in the backup that was submitted by Lieutenant Williams of the Police Department for last year's parade outlining recommended conditions of approval. He noted that the event sponsor, Edward Gallagher on behalf of St. Patrick's Day Events, Inc., had agreed to abide by these conditions again this year. The staff recommendation is for approval, provided all overtime costs are paid by the sponsor, all conditions contained in Lt. Williams' January 20, 2000 memorandum are met, and that the event sponsor provide the City with the required general liability insurance and hold harmless agreement. Mr. Perlman moved to approve the special event request for the St. Patrick's Day Parade as recommended by staff. Ms. McCarthy seconded the motion. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. (Mayor Schmidt returned to the dais at this time.) 0.F. REQUEST FOR FUNDING/THE DELRAY BEACH CHORALE: Consider a request from the Delray Beach Chorale for financial support to assist with the group's trip to Eisenstadt, Austria, in August 2001. Robert A. Barcinski, Assistant City Manager, stated that the request for funding support had been received from Mr. Hugh Strachan, President of the Delray Beach Chorale. The cost for the whole trip is estimated to be about $80,000. The members will pay for half the cost ($40,000), but are seeking community and foundation assistance to subsidize the additional $40,000 cost. Mr. Barcinski noted that Mr. -31 - 02-06-01 Strachan has indicated that County Commissioner McCarty has committed to a $4,000 contribution for this project. There was no specific amount of money requested, although Mr. Barcinski advised that there be about $2,500 available in General Fund grant budget contingency. Mr. Barcinski recommended consideration of a donation to the Delray Beach Chorale in the amount of $1,500. On question from Commissioner Perlman, Mr. Strachan stated that financial assistance has been requested from the cities of Boynton Beach and Boca Raton. These requests are in process and he felt that the outlook was promising. At this point the Delray Beach Chorale has put together about $15,000 toward the goal of $40,000. Commissioner Schwartz stated that the Delray Beach Chorale is a wonderful organization, but felt that these kinds of funds should be raised from private sources and not from taxpayer dollars. Mayor Schmidt commented that he felt for a lot of the organizations that the City supports, there is a tremendous impact in Delray Beach for very little money. There is no way that the City could duplicate that or replace it. Commissioner Archer moved to approve funding support in the amount of $1,000.00 for the Delray Beach Chorale. The motion died for lack of a second. Commissioner McCarthy moved to approve funding support in the amount of $1,500.00 for the Delray Beach Chorale. Commissioner Archer seconded the motion for discussion. Commissioner Archer thinks that support of a community effort in regard to representing the City in other areas and it was the scope of the organization involving all age groups and ethnicities, and the representation of the South Florida area is an important aspect of our community contribution, and I would like to see us support this event, albeit in a minor way. I don't know that we would want to do this on a regular basis, but I think it is an important aspect of our community participation. Commissioner McCarthy commented that in the Commission's conversations over this past year when we have been addressing special activities and where we are attributing funds and things of that nature, that there is a consensus up here that if somebody was doing something that we agreed with, we concurred that for the first year we were going to try to assist people for doing things of good will. It is not a long- term commitment. After the first year we expect more of the various organizations to become more self-sufficient as that is the ultimate goal. But I think this is powerful; we are a city that embraces having sister cities long term and this could be a foothold into something of that nature in the long run. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No. Said motion passed with a 3 to 2 vote. - 32- 02-06-01 9.G. BID AWARD/LANDSCAPE MAINTENANCE FOR ATLANTIC AVENUE GREENWAY PLAN: Consider approval of a bid award in the estimated amount of $14,793.00 to First Genesis Lawn Service as the lowest responsive, responsible bidder (second low bid) for the annual landscape maintenance contract for the Atlantic Avenue Greenway Plan (vacant lots), with funding from 119-4144-572-46.40 (Beautification - Maintenance). (Mr. Perlman left the room at this time.) Joe Weldon, Director of Parks and Recreation, explained that the recommendation was to award the contract to the second low bidder, First Genesis Lawn Service, as the apparent low bidder, Tropical Lawn & Landscaping, had done work for the City in the past and did not perform up to standard. A prior contract was not renewed. All references were satisfactory on First Genesis Lawn Service and it was verified that the company has the proper equipment and manpower to perform the work. Commissioner Schwartz moved to approve the bid award for the annual landscape maintenance contract for the Atlantic Avenue Greenway Plan to First Genesis Lawn Service as the lowest responsive, responsible bidder. Commissioner McCarthy seconded the motion. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. (Mr. Perlman returned to the dais at this time.) 0.H. AIRCRAFT NOISE. Commissioner Schwartz stated that Mayor Schmidt and he had visited the Regional FAA Officer in West Palm Beach at the PBIA Control Tower who was extremely educational and very informative. As a result, he learned that the City needs to go further with the Part 150, which the Mayor has agreed to attempt to accomplish. But it occurred to me after I saw what Deerfield Beach did, went to Washington to the FAA. Feels Highland Beach as well as Deerfield Beach are upset and annoyed about the situation and felt it would be worthwhile to articulate a meeting with Deerfield and Highland and have a three-way thrust with Washington, D.C. as well as Part 150, to do something about the situation. We are getting more traffic and we're getting lower altitudes. Since the advent of the new control tower at Boca Airport, up until that time the pilots had a definite traffic pattern of flying other than over the municipalities of Deerfield, Highland Beach and Delray Beach, but they are now spraying their traffic over those areas and we are getting the noise and the pollution. Mr. Schwartz's friend, a pilot who flies out of Boca Raton Airport, made an offer to take the Mayor and at least two other Commissioners up to show them exactly what happens with the Control Tower and how they direct us and what happens when they are undirected and directed. So there are two things that we need to do. One, I think we should take him up on that flight, and (2) more importantly, I think we need to get in touch, Mayor to Mayor, with those other two -33 - 02-06-01 cities and really get on a plan and keep the residents of our city happy so that we can prevail with the proper type of peace and quiet that the residents of our city deserve and should enjoy. As a point of information, Mayor Schmidt commented that when we visited the PBIA tower, they felt we would get more accomplished dealing at the local level than at the federal level, and I've directed Delores, our secretary, to set up a meeting with the Airport Manager, the Tower Manager at Boca and invite the Mayors of Highland Beach and Deerfield Beach to come to the meeting, although it has not been set up yet. It is in the works, although we don't have a firm date yet. 9.Io POLICE OFFICER RECRUITMENT AND RETENTION. Richard Overman, Police Chief, gave an initial presentation reviewing the Long-Range Strategic Plan goals and objectives for the Delray Beach Police Department. Chief Overman stated that the Police Department has not lowered their standards and explained that in the last three years he has hired 27 people out of 900 candidates. He stated he would like the Commission to realize that Delray Beach is not the only City that is experiencing problems with filling vacancies in the Police Department. For example, Chief Overman met with Chief Scott of the Boca Raton Police Department and he stated that he currently needs 17 officers to fill his vacancies in Boca Raton. In addition, Chief Overman stated that he spoke with the Chief of Police for the City of Boynton Beach and he stated he has 9 or 10 openings and expects to have 17 openings within the next few months. Chief Overman stated that for the record the Police Department ran times for all the priority one calls. Emergency calls are being answered from the time the call comes in until an officer is on the seen which is on average six minutes and two seconds. The average response time for a priority two call is ten minutes and eight seconds from start to finish. Chief Overman noted that neither a priority one call nor a priority two call is placed on hold. He stated that a priority three call is a call that is over with where there is no one on the scene and there is no sign of any danger. Chief Overman stated that he is understaffed by about 17-20 police officers. In 1997 and 1998 approximately 17 police officers left the Delray Beach Police Department. Chief Overman stated that approximately ten of those 17 officers left the police force to pursue careers with the Palm Beach County SherifFs Office because of persuasive incentive packages. Chief Overman stated that the majority of Police officers are overtired from working so much overtime. He has police officers that have worked over 1200 hours last year between their off-duty work and their overtime. The average person works an average of over 2080 hours which is considered regular duty. Chief Overman explained a lot of the officers are extremely tired because of the amount of hours that they are working. Chief Overman suggested that this might be rubbing off perhaps in attitude or in quality. Chief Overman feels that if anything is suffering it is community - 34- 02-06-01 policing. He stated community policing is what has made the Police Department and explained that community policing is about taking time to delivery quality service. Chief Overman explained that 60-70% of the police officers are college educated. He stated this is a complex business and in order to retain good college educated people at this level he is strongly opposed to lowering the standards or educational requirements for police officers. Chief Overman assured the Commission that the public is not in danger. He stated this is an issue on the list of every single Police Chief in this country and that is how are we going to get good strong candidates with a good background. He stated this is a major challenge for the Commission and reiterated that the most compelling reason for the Commission to seriously consider this in the current year is the fact that the City of Delray Police Department must be competitive with other neighboring agencies. Major Schroeder, explained a group of about 30 officers from all aspects of the department (some being civilian staff), joined together in a three month strategic planning process. Out of that process, there were two goals specifically related to this issue. These goals and their objectives are as follows: Goal #1 - RECRUITMENT To attract qualified, culturally diverse applicants reflective of and responsive to the population we serve. Objectives for FY 2000/2001: #1. To determine the current demographic composite of our Metropolitan Statistical Area (MSA). #2. To develop an incentive program designed to reward employees who recruit applicants that successfully complete the field-training program. #3. To conduct analysis of current hiring requirements to ensure requirements meet our needs for a superior workforce. #4. To develop a recruitment plan. Goal #2 - RETENTION To maintain a retention rate that is better than our competitors. Objectives for FY 2000/2001: #1. To conduct one-on-one interviews with all sworn employees to identify both positive and negative work environmental factors that impact the day to day work environment. -35 - 02-06-01 #2. To create a committee to study and recommend solutions for problems identified through the interview processes. #3. To study the feasibility of creating a "retention manager" role within the department. #4. To study retention across our Metropolitan Statistical Area (MSA) to determine if our retention is out of line with other agencies. #5. To develop a mentor program for new police hires utilizing command staff personnel as mentors to the new officers. 9oJ. APPOINTMENTS TO THE TENNIS FACILITIES TASK TEAM: Appoint ten (10) members to the Tennis Facilities Task Team. The appointments will be made on the rotation basis, beginning with Commissioner Perlman (Seat #1) through Commissioner Archer (Seat #2), Commissioner Schwartz (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5). Mr. Perlman moved to appoint Kenneth Rubin to the Tennis Facilities Task Team, seconded by Ms. McCarthy. Upon roll the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schrnidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Kathi Sumrall to the Tennis Facilities Task Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Schwartz moved to appoint John Bennett to the Tennis Facilities Task Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mrs. McCarthy moved to appoint Willie Potts to the Tennis Facilities Task Team, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint Kenneth Ellingsworth to the Tennis Facilities Task Team. Mr. Schwartz so moved, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to appoint Jay Hasner to the Tennis Facilities Task Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows: - 36 - 02-06-01 Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Wendy Overton to the Tennis Facilities Task Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Schwartz moved to appoint Lawrence Sagel to the Tennis Facilities Task Team, seconded by Mrs. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mrs. McCarthy moved to appoint Josh Smith, Jr. to the Tennis Facilities Task Team, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint Ed Foster to the Tennis Facilities Task Team. Mr. Schwartz so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 2002. The appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Nancy E. Brito as a member to the Education Board to fill an unexpired term ending July 31, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.to APPOINTMENT TO THE GENERAL EMPLOYEES PENSION BOARD: Appoint a member to fill a vacated position on the General Employees Pension Board. The appointment will be made by Commissioner Schwartz (Seat #3). Mr. Schwartz moved to appoint Stephen R. Swank to fill a vacated position on the General Employees Pension Board, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Consider approval of the Code Enforcement Board's recommendation to move a regular - 37- 02-06-01 member to an alternate member position, and appoint two regular members to the Code Enforcement Board to fill unexpired terms ending January 14, 2003, and January 14, 2002, respectively. The appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5). Ms. McCarthy moved to appoint moving Martin Bellsey as a regular member to an alternate position to the Code Enforcement Board to fill an unexpired term ending January 14, 2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Anthony Veltri as a regular member to the Code Enforcement Board to fill an unexpired term ending January 14, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint Jean Heinly-Bainer as a regular member to the Code Enforcement Board to fill an unexpired term ending January 14, 2002. Ms. McCarthy so moved, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 0.N. FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1: Consider approval of the final subdivision plat for Del Raton Park Replat No. 1, a proposed two lot mixed use subdivision that will be developed as Waterway Village, located at the southwest corner of South Federal Highway and Lindell Boulevard. Mr. Schwartz moved to approve the final subdivision plat for Del Raton Park Replat No. 1, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager advised Commissioner Archer that the League of Cities Board appointed her as the regular member to IPARC. Commissioner Archer had previously served as an alternate member. The City Manager reported that the Palm Beach County League Board of Directors would be holding a Strategic Planning workshop retreat on Thursday, February 15, 2001, from 8:30 a.m. until 2:00 p.m. at the Atlantis country club, City of Atlantis. -38- 02-06-01 13.B. City Attorney. The City Attomey had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Archer stated for the record that it is a privilege to have the opportunity to represent the City of Delray Beach in its second Sister City partnership with Moshi, Tanzania. 13.C.2. Commissioner Perlman commented that he attended the Education Board meeting on February 5tn, and was pleased to report that J.C. Mitchell Elementary School had given $2,000 of it's money to Pine Grove Elementary School. 13.C.3. Commissioner McCarthy advised that in mid-February 2001, the Southeast Region Youth Tennis organization would be having a tournament in Delray Beach at the Tennis Center. She felt this would be a gmat opportunity to showcase some of the talent from throughout the southeast, with some of the top-seeded young players being from Delray Beach 13.C.4. Commissioner Schwartz had no comments or inquiries. 13.C.5. Mayor Sehmidt reminded everyone that there would be no meeting next Tuesday, February 13t", and that the workshop had been rescheduled to Tuesday, February 27, 2001. There being no further business, Mayor Schmidt declared the meeting adjourned at 10:15 p.m. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on February 6, 2001, which minutes were formally approved and adopted by the City Commission on - 39 - 02-06-01 City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. - 40 - 02-06-01 MARCH 14, 2001 A Special Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the City Manager's Conference Room at City Hall at 5:05 P.M., Wednesday, March 14, 2001. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz (arrived 5:10 p.m.) Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby The Special Meeting of the City Commission was held for the following purpose: (1) MUNICIPAL SPECIAL ELECTION RESULTS: Canvass the returns and declare the results of the March 13, 2001 Spedal Election. Ballot Question Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City. YES (for approval) No (for rejection) 1,783 438 MOTION Approve the total votes for the ballot question, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results, that the Ballot Question passea~ So moved by Commissioner Archer, seconded by Commissioner McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. (2) COMMISION COMMENTS Commissioner Perlman reported that he was at the Tourist Development Council (TDC) meeting earlier today, and there was discussion regarding the $15,000 grant request we made for the Owl Foundation, Inc. an event know as the Owl Foundation Tennis Challenge (a Venus and Serena Williams charity event). Although it was not approved for the full amount we did receive a commitment of $5,000 from the Film Commission. County Commissioner Aaronson has agreed to make up the difference out of his recreation fund thereby providing $25,000cash contribution for the Foundation. Commissioner Perlman suggested a letter of thanks be sent to Commissioner Aaronson. Mayor Schmidt reported that at the League of Cities meeting earlier today, the Board did not support the League joining in the lawsuit regarding Citrus Canker, however, they shall review the lawsuit at their respective cities. They did support additional compensation for the tree eradication. The League will refer the ordinance on decontamination to the Environmental Committee, but they suggested decontamination is best handled on a city by city basis thereby making it easier to enforce then on. a County level. City Manager, David Harder advised the Commission that the billboard legislation (HB 1053) would jeopardize the ability of many communities to address the blighting influences caused by many of the outdoor advertising signs and billboards adjacent to local roads by making it impossible to remove the signs unless cash is budgeted for payment of just compensation. A resolution opposing these legislative initiatives will be presented to Commission at the March 20th meeting. Commission Schwartz advised Commission that finally staff from the Federal Aviation Association (Atlanta office) has responded to Congressman Wexler's correspondence regarding traffic control, noise and Title 14 (violation of altitude) at the Boca Raton Executive Airport. Staff from Atlanta will be visiting Delray Beach soon pertaining to these complaints especially Title 14. He felt that finally someone was taking some action and is very optimistic. Henry Williams, 310 NW 3ra Avenue, also added his concerns will the noise, flying patterns and violation of altitude with aircraft from the Boca Airport. There being no further business, Mayor Schmidt adjourned the special meeting at 5:25 p.m. ATTEST: Acting City Clerk MAYOR -2- The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the City Commission Special Meeting held on March 14, 2001, which minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -3- APRIL 3, 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:02 p.m., Tuesday, April 3,2001. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 0 Reverend Richard Evafls with Abbey Delray South delivered the opening prayer. The Pledge of Allegiance to the flag of the United States of America was given. AGENDAAPPROVAL. Mayor Schmidt noted the addition of Item 6.A., Proclamation recognizing April 8-14th, 2001, as "National Public Safety Teleeommunieators Week" to the agenda by addendum. In addition, Mayor Schmidt requested that Item 12.B., Ordinance No. 25-01 be postponed indefinitely and noted Item 12.A., Ordinance 20-01 regarding the Citrus Canker has been modified. Also, Mayor Schmidt noted the corrected Minutes from the Annual Organizational Meeting of March 29, 2001. Mr. Perlman moved to approve the agenda as amended, seconded by Ms. McCarthy. Upon'roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of February 6, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of March 14, 04/03/01 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6.A. "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK", April 8th through April 14, 2001. Mayor Schmidt read and presented a proclamation proclaiming the week of April 8-14th, 2001, as National Public Safety Telecommunicators Week. Jerry Paller came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Del-Aire/Delray Citizens for Delray Police (Perry DonFrancisco) annual golf tournament to benefit the Police and Fire Departments. Perry DonFrancisco gave a brief explanation of the history of the charitable golf tournament. Mr. DonFrancisco stated because of the generosity from the Del-Aire citizens, the entire City has benefited and Delray Beach residents are the recipients of better service due to the new and improved equipment. A check in the amount of $18,215 was presented to Chief Koen with the Delray Beach Fire Department and a check in the amount of $18,215 was presented to Major Schroeder with the Delray Beach Police Department. Major Schroeder thanked Mr. DonFrancisco and stated with this money the Police Department was able to finish the outfitting of every police car in Delray Beach with the Automatic External Defibrillators and feels it has been a great benefit to the entire community. In addition to the equipment mentioned by Major Schroeder, Mr. DonFrancisco stated that Del-Aire proceeds have also purchased thermal imaging cameras to detect life in a burning building. Furthermore, Mr. DonFrancisco stated that in addition to 'donations to the Police and Fire Departments, Del-Aire has also supported the Delray Citizens for Delray Police for the last thirteen years and those funds have been used for such things as the annual toy drive, the Easter Egg Hunt, and the Labor Day Police Challenge. On behalf of the rest of the citizens of Delray Beach and the City Commission, Mayor Schmidt thanked the Del-Aire/Delray Citizens for Delray Police for all the work that they do. Mayor Schmidt stated he had the opportunity to play in the tournament this year and feels fortunate to have observed an overwhelming enthusiasm from the residents of Del-Aire. 7.B. Delray Camera Club Presentation: 7th Annual Members' Showcase "Delray at Work and Play" -2- 04/03/01 Mayor Schmidt stated the Delray Camera Club is a group of amateur and professional photographers who meet twice a month to learn more about photography from one another, informative workshops, lectures, slide shows, field trips and monthly competitions. Each year the Delray Camera Club is invited to exhibit their work at City Hall. The Club's exhibit this year is "Delray at Work & Play". Club members were permitted to use one roll of film to take pictures anywhere in Delray Beach. Judges selected 48 photographs from 600 prints. These photographs are on display in the City Hall lobby through April 27th. The second floor exhibit is a selected collection of work over many years of competitions and exhibitions by members of the Delray Camera Club. Mayor Schmidt stated it is with great pleasure to introduce the following winners of this year's competition and present each winner with a Certificate of Achievement: HONORABLE MENTION Earl Crane "Climbing is Fun at Lake Ida" Abe Marder "Ready For Rain" Seymour Robbins "Demonstration at Hatsume Fair" Shirley Wenger "Doubles" Shirley Wenger "The Biker" Ruthe Zucker "Good Job" Third Place Robert Boylson "Fountains For Youth" Second Place Marion Kofman "Sand Digger" -3- 04/03/01 First Place Henry Huss "Special Time at Veterans Park" Florence Greenberg, President of the Delray Beach Camera Club, stated the Club enjoys and looks forward each year to be invited to participate at City Hall. Mrs. Greenberg stated the Delray Beach Camera Club will endeavor to make the City proud of them and is hopeful that there will be many future years of enjoyment. CONSENT AGENDA: City Manager Recommends Approval. 8.A JOINT PARTICIPATION AND PROJECT FUNDING AGREEMENT /PALM BEACH COUNTY: Accept a Joint Participation and Project Funding Agreement with Palm Beach County in the amount of $948,431.50 for the construction of utility upgrades and relocation associated with the Lake Ida Road Widening Project. Funding is available in the amount of $219,051.50 from 442-5178-536-65.18 (Lake Ida Road Utility Relocations), $206,648.00 from 441-5161-536-63.78 (Chatelaine Lift Station) and $522,732.00 from 441- 5181-536-69.21 (Barwick/Lake Ida Road Force Main). 8.B. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECT (FDEP) PERMIT FEES: Approve permit fees in the amount of $16,500 for FDEP related to the Year 2001 Beach Nourishment Project. Funding is available from 332-4164-572-49.90 (Beach Restoration Fund). 8oCo REQUEST TO SUBORDINATE CITIES' SECOND MORTGAGE POSITION: Approve request to subordinate the Cities' second mortgage position in the amount of $17,094 to avoid foreclosure for a Housing Rehabilitation Program recipient. 8.D. RESOLUTION NO. 29-01: Approve a resolution assessing costs for action necessary to remove junked and/or abandoned vehicles from five (5) properties throughout the City. The caption of Resolution No. 29-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND -4- 04/03/01 FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 29-01 is on file in the City Clerk's Office.) 8.E. RESOLUTION NO. 30-01: Approve a resolution assessing costs for action necessary to abate nuisances on eight (8) properties throughout the City. The caption of Resolution No. 30-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 30-01 is on file in the City Clerk's Office.) 8.F. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant/family in the amount of $15,000, for property located at 135 NW 8th Avenue. This represents the 121st applicant/family under the Delray Renaissance Program. Funding is from 118-1924-554-83.01 (SHIP Program). 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 19th through March 30, 2001. 8.H. AWARD OF BIDS AND CONTRACTS: -5- 04/03/01 8.H.1. Bid award in the amount of $93,087.90 to Drilling Services, Inc., for the abandonment and re-construction of Drinking Water Well #26 with funding from 442-5178-536- 61.82 (Water/Sewer Renewal & Replacement). Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. m REGULAR AGENDA: 9.A. CONTRACT AWARD/MEGAN SOUTH, INC. (West Atlantic AVENUE BEAUTIFICATION - PHASE 1) Consider approval of a contract award in the amount of $1,170,187.00 to Megan South, Inc., (second low bid) for the West Atlantic Avenue Beautification - Phase 1. Funding is available from 441-5161-536-65.49 (West Atlantic Water Main) for $87,310.75 and $1,082,876.25 from the CRA. Randal Krejcarek, City Engineer, stated staff is recommending approval of a contract award in the amount of $1,170,187.00 to Megan South, Inc., for the West Atlantic Avenue Beautification - Phase 1 (the second low bidder as the lowest responsive bidder). The low bid came in at $1,136,862.16 from B&A Construction. Individual meetings were conducted with each of the two low bidders to review scope, subcontractors and qualifications for doing this type of work. Staff found that B&A never constructed a beautification project whereas Megan South had successfully completed several. B&A's scope of work generally consisted of landscaping and irrigation subcontracted to a general contractor, whereas Megan South's scope of work was primarily done as a general contractor. Mr. Perlman asked Mr. Krejcarek when he anticipates Phase II would begin? In response, Mr. Krejcarek stated he is unsure when the West Atlantic Avenue Beautification Phase 'II will begin because this is being done with grant money from the Federal Government. Mr. Krejcarek stated the money for Phase II would not be available for another 3-4 years. Mr. Perlman asked if there are renderings available for this project? Mr. Krejcarek stated there are drawings in the Engineering Department that show what the streetscape is going to look like. Mr. Perlman asked if staff is working with Treasure Coast on the MacArthur initiative and stated they are looking for all the information that could to be given to their urban designers so they know what is in the works. Mr. Krejcarek stated that the Engineering staff couId provide them with the landscaping and the hardscaping parts of the plan. Mr. Levinson moved to approve the Contract Award in the amount of $1,170,187.00 to Megan South, Inc. as second low bidder and second responsive bidder, for the -6- 04/03/01 West Atlantic Avenue Beautification Phase I, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the City Manager commented that this was put out to bid last summer and the Commission rejected the bid in August because the City only received one bid. This bid the Commission just awarded to Megan South, Inc. is $380,000 less than the only bid the City received last year. Therefore, the City saved $380,000 by waiting. 9oao REQUEST TO PARTICIPATE IN AMERICORPS FLORIDA READS! FOOD DRIVE: Consider a request from the Education Foundation of Palm Beach County to participate in AmeriCorps Florida Reads! Palm Beach County "Food Drive" during the week of April 23rd through April 27, 2001. " Teri Whalen, Councilwoman for the City of Greenacres, stated Americorp Florida Reads is a Nationwide Literacy Program that was developed by President Clinton to help students read better by the end of the third grade. Ms. Walen stated their program services five elementary schools in Palm Beach County, which includes Orchard View Elementary School (located on Linton Boulevard). At this point, Ms. Whalen introduced Harriet Feldman and Dorothy Leaven, both tutors from Orchard View Elementary School. One of their projects is to sponsor a volunteer project during the last week of April during the celebration of National Volunteer Service Week. Ms. Whalen stated their project is going to be a food drive at five sites and they are asking various business partners from around the community to participate in varying degrees. In addition, Ms. Whalen stated they are asking the City Councils of each of the five cities to donate funds according to the pounds of food that the children raise to be donated back into the schools for literacy and books only. Ms. Walen stated it would be acceptable for the City of Delray to place a cap on the amount of money that is donated if they so desire. The food collected will stay in the community of Delray Beach and the school will select a food bank to receive all the food that the children collect. In return, one of those classes will receive a pizza party from a business partner within Delray 'Beach. Mayor Schmidt stated the City Manager noted there is no estimate as to what the funding might be. Ms. Whalen stated Greenacres has decided to donate a lump sum of $200 towards the effort. Ms. Whalen stated there is no way to know how many pounds of food the children will raise until the end of the month. The City Manager stated the City should have some money available during the mid-year budget process and at that point it could be designated. However, the City Manager stated the City has currently exhausted its contingency for this type of request. -7- 04/03/01 Based on the preliminary estimates for mid-year, Mayor Schmidt asked the City Manager if he has a recommendation if the Commission decides to make a donation? The City Manager stated he does not have any preliminary estimates for mid-year, however, if the Commission is looking at a fixed amount then he would recommend a $500 donation. Before the City considers making any type of donation, Ms. McCarthy stated there are at least five schools in the Delray Beach area and explained it is quite probable another school also has a very worthy cause and may choose to come before the Commission with a similar request. Ms. McCarthy encouraged the Commission to be fully prepared when making the dollar allocation and to keep in mind that the allocation should be the same for this request as with any future requests that may arise from the other five schools. Based on comments expressed by Ms. McCarthy, Mrs. Archer moved to allocate $300 for the Palm Beach County "Food Drive", seconded by Ms. McCarthy. Upon roll call the Comhaission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT/CINCO DE MAYO FIESTA: Consider a request for special event approval to allow the Cinco De Mayo Fiesta to be held Saturday, May 5, 2001, including use, set-up and take-down of the large City stage, staff support for security and waiver of security costs. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the Cinco De Mayo Fiesta to be held on Saturday, May 5, 2001, from 11:00 a.m. - 10:00 p.m. at Old School Square, to grant a temporary use permit for LDR Section 2.2.6(H) for the closure of N.E. 1st Avenue from the alley north of Atlantic to the CRA lot entrance south ofN.E. 1st Street, to authorize use and set-up and take-down of the large City stage, to authorize staff support for security and to waive City costs. The estimated overtime cost for Police security is approximately $1,900. Last year, Mr. Barcinski stated there was an issue with not having enough port-a-lets to service the crowd so this year the City wants to insure that there are enough .port-a-lets. Mr. Barcinski informed the Commission that he received a memo from the Downtown Development Authority indicating that instead of one port-a-let there will be three port-a-lets plus one handicap port-a-let, which should suffice. Mr. Perlman moved to approve the special event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 5, 2001, from 11:00 a.m. - I0:00 p.m. at Old School Square with staff recommendations, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENTfFHE LEUKEMIA AND LYMPHOMA SOCIETY XNNUAL 2K WALK: Consider a request for special event approval to allow the Leukemia and -8- 04~3~1 Lymphoma Society Annual 2K Walk to be held on September 20, 2001, including a temporary use permit for the use of the sidewalks along A1A and Anchor Park, staff support, consideration of waiving overtime costs and the request to use Sandoway Park for overflow parking. Robert A. Barcinski, Assistant City Manager, stated this is a request to consider approval of the Leukemia and Lymphoma Society Annual 2K Walk to be held on September 20, 2001 from approximately 5:00 p.m. to 9:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of the sidewalks along Ocean Boulevard (A-I-A) and Anchor Park including reserving all parking spaces for the event, and to authorize police assistance for traffic control. The estimated overtime costs for this event is approximately $250.00. This event was held last September and overtime costs were approximately $85.00. The Commission should consider this is a nighttime event and both parking lots would have to be opened until at least 10:00 p.m. An option to utilize Sandoway Park would be Ingraham Parking lot. Mayor Schmidt asked if the issue of overtime has been discussed with the sponsor? In response, Mr. Barcinski stated the sponsor paid for the overtime costs last year and they are projecting a $22,000 profit and his recommendation is that the sponsor pays the overtime of $250.00. Mrs. Archer moved to approve the special event request to allow the Leukemia and Lymphoma Society Annual 2K Walk to be held on September 20, 2001, with staff recommendations, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 31-01: Consider approval of Resolution No. 31-01 and Contract for Sale and Purchase between the City and Melanie & Gregory McElroy authorizing the City to purchase property located between the Woods of Southridge Subdivision and SW 4t~ Avenue in the amount of $21,650. The purpose of the acquisition is to provide public right-of- way. The caption of Resolution 31-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT 5, BLOCK 7, SOUTHRIDGE SUBDIVISION LOCATED BETWEEN THE WOODS OF SOUTHRIDGE SUBDIVISION AND S.W. 4TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND -9- 04/03/01 CONDITIONS FOR THE SALE AND PURCHASE BETWEEN MELANIE & GREGORY MCELROY AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution 31-01 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated this resolution authorizes the City to purchase certain property located between the Woods of Southridge Subdivision and S.W. 4th Avenue from Melanie & Gregory McElroy for the purchase price of $21,650. The purpose of the acquisition is to provide public right-of-way. Mayor Schmidt commented about the funding source and stated the City Manager has clarified that the funding would be coming from the Road Bond Issue. Mr. Perlman moved to approve Resolution No. 31-01 and the Contract for Sale and Purchase between the City and Melanie & Gregory McElroy in the amount of $21,650, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.F. REQUEST FOR SPONSORSHIP/WORLD TRADE CENTER PALM BEACH: Consider a request from the World Trade Center Palm Beach to participate in the World Trade Luncheon. Alfred Zucaro, Jr., Commissioner for the City of West Palm Beach and President of the World Trade Center, stated this is a request from the World Trade Center Palm Beach to contribute and participate in The World Trade Center Luncheon. In the past, Mr. Zucaro stated they held quarterly luncheons at the Governor's Club but are now doing luncheons monthly. The Luncheons are rotated on a monthly basis at three different locations throughout Palm Beach County and The Treasure Coast. The objective of the luncheons is to promote international trade in Palm Beach, Martin, St. Lucie, Indian River, Okeechobee and Hendry Counties. The luncheon will feature a country with Government speakers and Consul Generals from the featured country. Mr. Zucaro stated another objective is to begin to regionalism all of these business opportunities in working with the various Chambers encouraging them to participate. The April luncheon will be held at the Boca Country Club on April 30th with Ron Chaimovski, Economic Minister to North America Government of Israel, who will be accompanied by Miki Arbel, Consul General of Israel to Florida & Puerto Rico. Mr. ArbeI is the new Consul General appointed to the Diplomatic Office in Miami. The Miami Diplomatic Corp is the third largest diplomatic Corp in the world and it is with them that these programs have been developed to encourage them to come out of Miami and come up to Palm Beach County. -10- 04/03/01 Mr. Zucaro asked the City of Delray Beach to help sponsor this with the City of Boca Raton so the entire South Palm Beach County area is covered. Mr. Zucaro anticipates a sell-out crowd of between 220-230 people. Mr. Zucaro stated this is a way that the South Florida community can enter into better relations for trade, commerce and tourism. He urged the Commission to participate because he feels this is a great opportunity for the City to highlight the general area of Palm Beach County and to continue in the development of a global concept in our region. Mayor Schmidt stated both Bill Wood and Susie Simms from the Chamber of Commerce have contacted him encouraging the City to participate in this event. Commissioner Zucaro stated he has had very successful interaction with a lot of the Chambers in the South County area and complimented Bill Wood, Director of the Delray Beach Chamber of Commerce. Commissioner Zucaro stated they are in the process of beginning to hyper-link their web site so that the Chambers do not have to develop subcommittees or committees for international matters and they will have access to The World Trade Center web site as well. Ms. McCarthy commented that she attended one of Commissioner Zucaro's previous seminars held at the Government Center and the representatives for economic development from Japan were there. She explained that Commissioner Zucaro created an atmosphere that was extremely instrumental and informative. In addition, Ms. McCarthy stated people had the opportunity to speak one-on-one about specific details other then the networking opportunity and she found this to be very progressive. Commissioner Zucaro thanked Ms. McCarthy for her comments. Mr. Levinson moved to approve that the City sponsor the World Trade Luncheon in the amount of $200, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. '10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 23-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M). This ordinance is being modified by the City Attorney's office and will be continued to the April 17th meeting for First Reading/First Public Hearing. Mayor Schmidt noted that Ordinance No. 23-01 is being modified by the City Attorney's office and will be continued to the April 17th meeting for a First Reading/First Public Hearing. -11- 04/03/01 At this point, the Commission moved to Item 12, First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public Utility Companies within the City of Delray Beach in order to help control the spread of Citrus Canker. If passed, a public hearing will be scheduled for April 17, 2001. The City Manager presented Ordinance No. 20-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A METHOD OF CITRUS CANKER DECONTAMINATION TO BE ADHERED TO BY VEGETATION MAINTENANCE COMPANIES AND PUBLIC UTILITY COMPANIES WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Attorney stated there is a slightly amended ordinance in the agenda backup only because one Section needs to be labeled "2E". The City Attorney noted that page two is reversed in the copying order and would like to insure that the top section of the ordinance has a designation. Mr. Peflman asked what the procedure is for getting notification out to the public? In response, the City Manager stated all the companies that are licensed through the City will be notified or if the City finds out about other companies they will try to get in touch with them to inform them. Also, the City Manager stated perhaps if Code Enforcement personnel witnesses whether or not someone has decontamination equipment with them in the field, then at that point they can be educated on what appropriate measures should be taken. Mr. Perlman asked if this is an enormous expense for a company to guard against? In response, the City Manager stated he feels it would be a fairly minor expense because all it takes is mixing Clorox bleach and water and in a bottle to spray on the equipment. -12- 04/03/01 The City Manager stated although there are other options, this appears to be the simplest method. Mrs. Archer suggested that the City publicize to inform citizens that if they see someone working in the field and suspect they are not licensed, then the citizens would have a place to call and report the incident. The City Manager stated that staff could get the message out to the citizens. Mr. Perlman moved to approve Ordinance No. 20-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 25-01: An ordinance rezoning from PCC (Planned Comi,herce Center) to RT (Restor Tourism) for Glacier Ice and Snow Arena on a 5.963 acre parcel of land, located at the southeast comer of Lake Ida Road and Congress Avenue (north half of the Congress Commerce Center site). If passed, a public hearing will be scheduled for April 17, 2001. The City Manager presented Ordinance No. 25-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT TO RT (RESORT TOURISM) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-01 is on file in the City Clerk's office.) Mayor Schmidt noted that Ordinance No. 25-01 has been postponed indefinitely. 12.C. ORDINANCE NO. 22-01: An ordinance amending Chapter 4, "Zoning Regulations" of the LDR's by amending Section 4.6.7, "Signs", clarifying the purpose and regulations relating to non-commercial speech; repealing the sign matrix chart and enacting a new sign matrix chart; amending the definition section by amending the definitions of on- premise sign and vehicular sign. If passed, a public hearing will be scheduled for April 17, 2001. -13- 04m3ml The City Manager presented Ordinance No. 22-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.7, "SIGNS", IN ORDER TO CLARIFY THE PURPOSE AND TO CLARIFY REGULATIONS RELATING TO NON-COMMERCIAL SPEECH; REPEALING THE SIGN MATRIX CHART AND ENACTING A NEW SIGN MATRIX CHART; AMENDING THE DEFINITION SECTION BY AMENDING THE DEFINITIONS OF ON-PREMISE SIGN AND VEHICULAR SIGN; PROVIDING FOR ENFORCEMENT AMENDING CERTAIN RESTRICTIONS; PROVIDING FOR RELETTERING AND RENUMBERING; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. (The official copy of Ordinance No. 22-01 is on file in the City Clerk's office.) The City Attorney stated the City received a letter regarding Ordinance No. 22-01 and stated that the intent of the ordinance was clear that the City never intended to prohibit non- commercial speech. However, the City Attorney stated although this was not the City's intent and this is not how it has been applied, this has thrown out certain sign codes on the basis that non-commercial speech was not given as much leeway. The City Attorney explained that under the law it really should be reversed and non-political speech receives higher protection then .commercial speech. In order to make certain and clarify every word in the ordinance, amendments have been made. The City Attorney reiterated that the primary change to the ordinance is the amendments. A few other things such as removing the word "text" and signs were not regulated by the exact words so little adjustments were made to get this underway. The Community Improvement Department is currently reviewing the sign code in great detail and more sign code changes will be forthcoming. Mr. Levinson moved to approve Ordinance No. 22-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -14- 04/03/01 12.D.I. Discussion of Pending Off-Premise Sign Applications The City Attorney stated that on March 26, 2001 a meeting was held between City staff and Florida Outdoor Advertising representatives regarding four applications for off- premise signs that were submitted by Florida Outdoor Advertising. Florida Outdoor Advertising has alleged that the City's sign ordinance is unconstitutional in that it impermissibly offers greater protection for commercial speech as related to non-commercial speech. The City Attorney stated that Florida Outdoor Advertising made four sites for a potential billboard and they eliminated two of those sites and thus is suggesting a compromise of two sites. Brian Shutt, Assistant City Attorney, stated that Florida Outdoor Advertising found two other applications today for two other sign locations. The City Attorney stated that Florida Outdoor Advertising originally filed four applications bringing the total number of applications to six. Therefore, the City Attorney stated Florida Outdoor Advertising would like to settle with the City with two sites. The City Attorney explained that the southern district of Florida and Federal Court (an appeal) ruled that another ordinance was unconstitutional and this is the goal of outdoor advertising firms because then there is no regulation at all. To avoid an appeal, the City of Pompano Beach swiped out a lot of the billboards in town for the billboards along 1-95. From the maps submitted, Mr. Shutt explained that Florida Outdoor Advertising would like to erect one 50' height billboard advertising two Uncle Bob's Storage areas along Congress Avenue, not the Linton Boulevard site. One location is 551 S. Congress Avenue and the other location is 782 S.W. 17th Avenue. Mr. Shutt reiterated that the same storage facility would be in both locations. Mrs. Archer asked if this would have any affect on the sign on West Atlantic Avenue and Barwick Road? In response, the City Attorney stated that was a condition of development and there is some legislation pending regarding this issue. The City Attorney asked if there are any other areas in tom where as a conditional of approval the City asks them to take down their signs? In response, Mr. Dorling stated there are two signs south of Lindell Boulevard between Federal Highway and Dixie Highway. One sign has been taken down and the other will be taken down in a couple of weeks. The City Manager stated the City has a number of other sites where the City may want to consider doing this in the future. Mr. Perlman stated, as he understands it that legislation would prevent the advertising of billboards on any road or highway. The City Manager stated this is correct but the City does not advertise. The City Manager stated it also prevents requiring their removal as a condition of the development order, which the City has done in several cases. Mr. Dorling stated two signs along the West side of Military Trail were required to be removed. -15- 04/03/01 Mr. Perlman stated he spoke to Senator Kline who feels the City's current ordinance would have difficulty in Court. Mr. Perlman stated this is not pleasant and asked if the City settles for these two sites can we close the door and write an ordinance that would prevent anyone else from doing this? In response, the City Attorney explained that the purpose of making the changes is to rectify some infirmities. As Mayor Schmidt mentioned, the City Manager stated that the City is dealing with a trial court decision at this point and we do not have an appeals court decision. Furthermore, the City Manager stated they are talking about a few huge billboards that are over 900 square feet in size and the question is whether the appeals court will uphold the ordinance and sever the small part of it that is really involved. Mayor Schmidt asked if a portion of the ordinance is severed out, how would this affect the existing ordinance? In response, the City Attorney explained that currently the City does not allow billboards of this size and so the banning of the signs would apply to commercial and h6n-commercial signs. The City Attorney stated the City has always maintained that we never did prohibit non-commercial speech. For example, the City regulates the signs for a business that it has to be related to that particular business. At the same time, the City Attorney stated the City has never said it could not be some other thought. Mr. Levinson expressed concern over this issue and feels the City may be taking on an industry with mega money. He feels if there is a compromise for the request for two more sites and then it is all over, that may be a good alternative. However, Mr. Levinson shares Mr. Perlman's concerns about this turning into a potential problem if Florida Outdoor Advertising requests two more sites then requests another two more sites and so on. Mr. Levinson stated that the Commission feels they need to defer this to the City Attorney because if this ordinance is rewritten so it does not contain the provisions that it then struck, he feels it would be much stronger than the existing ordinance. Discussion by the Commission followed. Mrs. Archer asked if the City is left with the two signs along 1-95 can the City 'make any rules as to how they should look? In response, the City Attorney stated she is requesting whether or not to continue discussions and address certain aspects that are being raised now such as'moving 3-sided signs etc. With regard to his conversation with Florida Outdoor Advertising, Mr. Perlman stated they seem to be very cooperative in working with the City. The City Attorney reiterated that the two sites the Commission is discussing this evening are the two northernmost dots on the map and are the sites that Florida Outdoor Advertising is requesting to keep not the Linton Boulevard site. -16- 04/03/01 Mayor Schmidt stated he concurs with the City Manager but it may be a lesser of two evils to try and work towards a compromise and include in future discussions the size of the signs. It was the consensus of the Commission to direct staff to continue moving forward with negotiations. 12.D. ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section to provide clarification to the definition "Ground Floor Building Area". If passed, a public hearing will be scheduled for April 17, 2001. The City Manager presented Ordinance No. 24-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX 'A", "DEFINITIONS", TO CLARIFY THE DEFINITION OF "GROUND FLOOR BUILDING AREA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated this is to provide clarification to the definition of "Ground Floor Building Area" contained within the Land Development Regulations. At its meeting of September 14, 2000, the Board of Adjustment approved a variance to reduce the minimum required floor area in the Planned Commercial zoning district from 6,000 sq. ft. to 208 sq. ft. for a Murphy's Oil gasoline station. The basis for allowing the variance related to the argument that the pump island canopy should be included as floor area as it meets the current definition. This literal interpretation was supported by the Board of Adjustment and clearly was not the intent of the minimum floor area requirement of 6,000-sq. ft. in the PC zoning district. Ground Floor Building Area is currently defined as follows: "The percentage of the total area of a lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures." If this definition remains as currently written, similar requests would be -17- 04/03/01 anticipated for other gasoline stations and other types of developments which have canopies, such as drive-through bank facilities. This interpretation of the definition also creates conflicts with other sections of the LDRs, which deal with requirements based on floor area, such as parking and the minimum floor area for residential structures. To clarify the issue, the following definition is proposed: "The square feet of floor space measured from the exterior faces of the exterior walls of the ground floor of all principal and accessory buildings on the lot." The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 19, 2001. There was no public testimony regarding the amendment. After discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). Mr. Dorling stated the recommended action is to approve the amendment to the "Definitions" section of the LDRs (Appendix A) regarding ground floor building area based upon the findings and recommendations by the Planning and Zoning Board. After discussion, Ms. McCarthy moved to approve Ordinance No. 24-01 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking Regulations", of the City Code or Ordinances by amending Section 71.07, "When Impoundment Authorized", by amending Subsection (E) to include emergency vehicles. If passed, a public hearing will be scheduled for April 17, 2001. The City Manager presented Ordinance No. 26-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.070, 'WHEN IMPOUNDMENT AUTHORIZED", BY AMENDING SUBSECTION (E) TO INCLUDE EMERGENCY VEHICLES; PROVIDING A SAVING CLAUSE A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -18- 04/03/01 (The official copy of Ordinance No. 26-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager explained this ordinance is being presented to the Commission because of a concern about people parking in front of the gate at Eve Street (Tropic Isles subdivision). The City approved cutting off the street and there is a gate to allow emergency vehicles to get through. However, the City Manager stated that if people park in front of the gate, emergency vehicles will not be able to get through. It was determined that the ordinance be more clearly defined as to allow emergency vehicles the right of access where they may be impeded by illegally parked vehicles to provide for the access of the emergency vehicles. Mr. Levinson moved to approve Ordinance No. 26-01 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;'Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior inquiry regarding the swales on S.W. 8th Court, the City Manager stated that this street is included in the Road Bond Program and explained that swales are not intended to remedy drainage problems but are a requirement under the current National Pollution Discharge Elimination System (NPDES) permit. The main purpose of the swale is to provide treatment of the first flush of rainwater by letting it wash off whatever is on the street into the swale where the water would then soak into the ground. In areas such as S.W. 8th Court where the soil is very sandy swales also allow rainwater to percolate back instead of sending it directly into the large body of water which is usually the Intracoastal Waterway. During ,extremely dry periods, which is currently the case, this percolation is very valuable. The City is committed to developing grass to swales in any residential neighborhood when other infrastructure improvements are implemented. Along with roadway resurfacing, S.W. 8th Court is having the two-inch water main upgraded to a larger size. The ponding, which was referred to along S.W. 4th Avenue will be addressed as part of a future project already, identified in the Capital Improvement Program (CIP). The City Manager stated that he met with Mrs. Griffin this morning and feels she is satisfied with the City's present course of action. In addition, the City Manager explained that the City will increase Mrs. Griffin's driveway by four feet in order to make it wide enough to accommodate her with her wheelchair when she is maneuvering around her vehicle. -19- 04/03/01 In response to Mr. Randolph's concern regarding Roper's Grocery and Deli located at 24 N.W. 8u' Avenue, the City Manager stated this was approved for occupancy on July 24, 2000. The City Manager explained that customers coming to the store for parking directly across the street are now using the vacant property. With regard to a previous comment made by Mr. Randolph, the City Manager stated that Mr. Roper has approval from the property owner to use the property. However, the City Code requires that any off-site parking be done through a formal agreement and usual improvement of the lot as a temporary parking lot is required. The City Manager stated that the City feels Mr. Randolph is referring to the situation with the Back Room where the Community Redevelopment Agency (CRA) allowed them to use the vacant and unimproved land to do their business for overflow parking. The CRA felt this was a temporary situation when they agreed to this arrangement. However, the Back Room had plans, which had been drawn up after purchase of additional property to construct a parking lot as part of his redevelopment plan. Mr. Roper does not have any such plans in place that the City is aware of. Also, all the approved spaces for sidewalk cafes are designated and identified with markers on the sidewalk so that during non-working hours, Police can ensure that businesses comply with the requirement to maintain a five foot pedestrian access. To further monitor this, the City Manager stated that the Code Enforcement staff would be checking the downtown corridor in concert with their 6:00 a.m. starting time and any non-compliance issues will be addressed. With regard to the NICE Program, the City Manager stated the program is focused along Atlantic Avenue between 1-95 and N.E. 5th Avenue and at this time the City does not plan to address businesses on side streets. The City Manager stated that the City has received some complaints from the neighbors regarding noise generated from people sitting at the tables behind Mr. Roper's business in the evenings. This is part of the reason the City has been involved in what is going on there. Ms. McCarthy inquired as whether or not there have been complaints about noise during the day versus the evening and asked if there is a time certain that Mr. Roper has to have a formal agreement tumed into the City regarding the vacant lot? The City Manager stated he would look into both of these issues. 'll.B. From the Public. I1.B.I. Fred W. Love, 315 N.W. 18th Street, stated that The Palm Beach Post made an editorial comment regarding the action made by the City Commission at its March 12, 2001 Special Meeting regarding the Citrus Canker issue. Mr. Love stated the editorial was very critical of the actions of the Commission so following that he wrote a letter to the editor criticizing their action. Since the newspaper did not publish his letter, Mr. Love read his March 14, 2001, letter into the record. He feels the action on behalf of the Commission is appropriate and commendable and thanked the Commission for their support. -20- 04/03/01 ll.B.2. Ruth Silverman, Secretary of the Homeowners' Association of the Villas of Rainberry Lake, expressed concern over a particular incident where eight trucks from the Department of Agriculture came into her neighborhood to cut down the trees. She stated that each truck had personnel of three and the Department of Agriculture was accompanied by a Palm Beach County Sheriff's car as to intimidate the residents. She feels the crews are very careless and sloppy. Mrs. Silverman stated that today the crews broke two windows at one residence and a sprinkler pipe at another residence, which has not yet been repaired. The broken sprinkler pipe flooded not only that home but the home behind it as well. Mrs. Silverman stated she is outraged over this situation and feels the citizens have not received a fair hearing. She asked the Commission for their continued support and assistance regarding the Citrus Canker issue and urged the City of Delray to protest the use of the Palm Beach County Sheriff's car. ll.B,3. Jack O'Reilly, representing Jardin del Mar, explained that Jardin del Mar is located at 200 South Ocean Boulevard and is bonded by Ingraham Avenue, Gleason Street, and Ocean Terrace. Mr. O'Reilly stated the Sandoway House has a parking lot at the Ingraham Avenue entrance and the entry off Ingraham Avenue is approximately 50 feet west of South Ocean Boulevard. Mr. O'Reilly stated that on a weekday or weekend while driving south on South Ocean Boulevard heading down Ingraham Avenue he has observed the traffic pattern going into the Sandoway parking lot. From Atlantic Avenue heading south on South Ocean Boulevard while heading down Ingraham Avenue people use the Sandoway parking lot to make U-turns then drive up South Ocean Boulevard turn left (north) again to head towards Atlantic Avenue. He feels this presents two major problems. One, the traffic is continual and there are very many near accidents that occur, and second, the street are extremely narrow (18 feet across). When an individual reverses and makes a left hand turn on South Ocean Boulevard, Mr. O'Reilly stated they are making an illegal turn because there is a sign that clearly states that they should not make this turn. Mr. O'Reilly suggested that the Commission look into making Ingraham Avenue and Ocean Terrace one-way streets and feels that the proposed solution should be incorporated as an addendum to the Ingraham Sidewalk Improvement Project which is currently underway. ll.B.4. Rosetta Rolle, 301 N.W. 3ra Avenue, stated she inquired about the status and scheduling of the sidewalks in the northwest area. Due to heavy pedestrian traffic in this area, Mrs. Rolle stated there is a great need for sidewalks particularly on N.W. 3ra Avenue. She asked what the plans are for sidewalks and what is the procedure for getting sidewalks in the northwest area between Lake Ida Road and in some instances Atlantic Avenue or Martin Luther King Drive. The City Manager stated he will have to do some research on this to determine what streets are scheduled to have sidewalks. -21- 04/03/01 ll.B.5. Dr. Josh Smith, 3616 Avenue De Gien, stated he realizes needs assessment study is being done with regard to Parks and Recreation. However, he feels this issue for the need of additional tennis courts at Pompey Park was initially raised in November of 1996. Dr. Smith supports the needs assessment for Parks and Recreation and commented that this is the first citywide needs assessment by Parks and Recreation. He stated Parks and Recreation Department has refused to consider additional tennis courts at Pompey Park and recommended eliminating the Pompey Park Advisory Committee (Disbanded on 02/01/00) which allowed citizen input. He stated that the citizens have said that they would like to see additional tennis courts and they have also expressed interest in having an Advisory Committee at Pompey Park so that they can give input on items such as programs, activities, the budget facilities, and to make recommendations on the particular needs of the City's youth and adult segments of the community. Dr. Smith strongly suggested that the Advisory Committee should be integrated and suggested that members of the Advisory Committee not be employees of the Parks and Recreation Department. Dr. Smith stated he employs the Commission to bring to the staff who insists making unilateral decisions without including and considering input from citizens back in line with the directions that the Commission has established. With regard to City Board applications, Dr. Smith suggested that these applications be revised with information so that when a Commissioner is contemplating recommending an individual for a particular Board, an effort is made to alert a Commissioner of anything that may be suspicious. Dr. Smith stated that the way the application is presently structured, there is nothing that would remotely indicate that there is a "red flag" aspect. Dr. Smith stated that perhaps the City could establish a policy that could be inculcated into the application. Individuals who have been incarcerated and who have restored their citizenship would be a registered voter. He feels the question of whether or not an applicant is a registered voter is pertinent and if made part of the application it would help to remove the Commission from being in a precarious position. He urged the Commission to seriously consider this matter. ll.B.6. Barry Silver, attorneys representing Delray Shores residents and Rainberry Bay, echoed comments made by Dr. Smith and stated that in order to be able to play tennis 'residents have to have access to tennis courts. Mr. Silver stated it would be beneficial for the City to provide additional tennis courts. With regard to the Citrus Canker issue, Mr. Silver thanked the Commission for getting involved and complimented Jay Jambeck, Assistant City Attorney, for all his efforts. Mr. Silver updated the Commission and stated that this has gone to Federal Court today. As for the trees in the Rainberry Bay and Delray Shores area, these trees are still being protected and an effort is being made to try to compensate those people who's rights have been violated by the Department of Agriculture. -22- 04/03/01 ll.B.7. Kenneth Gray, 696 Udell Lane, stated that there are rumors in the Delray Shores area and asked for clarification as to whether or not Delray Shores is indeed covered under the City at this point. Regarding the citrus canker issue, the City Attorney explained that there is currently a "stay" in place for Delray Shores and the "stay" was lifted only for Rainberry Bay and Rainberry Villas. Mr. Gray expressed his appreciation to the City Attorney for clarifying this issue. 11.B.8. Alice Finst, 707 Place Tavant, thanked the City Attorney's office for keeping her informed regarding the Citrus Canker issue and asked why the Monday meeting did not happen. Secondly, Ms. Finst asked if the City filed only on behalf of their four trees, how much of this umbrella covers the entire City and why did the City only file on behalf of their four trees and not include the entire geographical area of the City? " Regarding the Monday meeting, the City Attorney stated although the order was received today at this particular hearing the Judge had other duties. The City Attorney explained that the case was filed on behalf of the City of Delray Beach and all its citizens. In addition, the City Attorney stated the City tried to get a hearing twice and was denied. The City is on a docket for July 17, 2001, which indicates that this is not being treated as an emergency. On March 30, 2001, the City filed another petition with the appellate court seeking a specialized "Writ" and today the City received the order from the appellant court that gave the Judge, the Department of Agriculture, and others seven days to respond to the petition in order to show cause why they did what they did. Therefore, the City Attorney stated that response is due within seven days. At this point, Ms. Finst inquired as to why the trees in Rainberry Bay are being cut? Upon question from Ms. Finst, the City Attorney stated that in Delray Shores Mr. Silver has filed a "stay" action which the appellate court granted as it pertained to the initial final order that was issued by the Department of Agriculture and there was an administrative review of that and the appellate court "stayed" any cutting until that process was concluded. The Rainberry Bay and Villas was concluded, the "stay" was lifted and therefore, the Department of Agriculture is .cutting the trees. The Delray Shores process was not concluded has not been as of yet, and therefore the "stay" is in effect. The City Attorney explained that currently this is why the Department of Agriculture is cutting trees in Rainberry Bay and Rainberry Villas and not cutting trees in the Delray Shores area. ll.B.9. John Bennett, 137 Seabreeze Avenue, congratulated the newly seated and the newly elected Commissioner Jon Levinson. Mr. Bennett asked who owns the citrus trees on the right-of-way along George Bush Boulevard between the road and the sidewalk on both sides of the bridge? -23- 04/03/01 Mr. Bennett stated that in June 2000, the City Commission had a conversation, which subsequently was interpreted as a consensus to no longer permit sidewalk deferral agreements. Subsequently, a sidewalk deferral agreement was entered into because it was already in the works and the backup material for that action said that there was a policy against the agreements. Mr. Bennett explained at the February 6h Regular City Commission Meeting the City Manager responded to Mr. Bennett's concern and stated that "The Engineering Department conducted a comprehensive overview of existing sidewalks, sidewalk deferrals and sidewalk waivers. Once this information is compiled, it will be presented to the Commission for discussion and direction." At the Regular City Commission Meeting of March 20, 2001 there were two sidewalk deferral agreements that the City entered into. He inquired as to what happened to the review and suggested that the City analyze the actions in light of the policies that the City is developing. As was brought up at the Annual Town Hall Meeting, Mr. Bennett asked if there has been any progress towards getting a Community Unity Strategy and Action Plan in place and inquired about the current status. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. In response to the comment made by Mrs. Silverman, the City Manager stated the Palm Beach County Sheriff has concurrent jurisdiction throughout the county including inside all municipalities so he has full authority to operate inside our City. Secondly, regarding the inquiry about the status of the Bill for compensation as it relates to the Citrus Canker, the City Manager stated that this is now in the Appropriation Subcommittee on general government and as of yesterday, the committee did not indicate when it might be heard or discussed. The City Manager stated that at the Palm Beach County League of Cities Board 'meeting there was a lot of discussion regarding Senate Bill 744 that would mandate the issuance of building permits under certain circumstances. There would be a certain length of time to issue the permit and if it were not issued within that length of time it would be issued. The City Manager expressed concern over this Bill and feels it completely ignores the entire process that can happen that may sometimes cause a delay. He stated this is a reaction primarily to things that are happening in Dade County where it can take up to six months or more to obtain a building permit. The City Manager announced that Retha Lowe, President for the Palm Beach County League of Cities, was defeated for re-election in Lake Worth. The Mayor of Hypoluxo has moved up to that position and Ms. Lowe will also have to be replaced on the Florida League -24 - 04/03/01 of Cities Board and the Treasure Coast Regional Planning Council. Furthermore, the City Manager informed the Commission that Commissioner Bill Moss from West Palm Beach was appointed to the Impact Fee Committee to represent the Palm Beach County League of Cities. 13.B. City Attorney. The City Attorney publicly thanked Jay Jambeck, Assistant City Attorney and expressed her appreciation for the long hours he has worked and for the tremendous job he has done with regard to the litigation on the Citrus Canker issue. 13.C. 13.C.1. City Commission. Commissioner Levinson had no comments or inquiries. 13.C'.2. Commissioner McCarthy stated she attended a conference for the newly formed Palm Beach County Conference of Black Elected Officials and Delray Beach will host its first meeting. Ms. McCarthy invited everyone to attend this meeting which will be held April 27th at 5:00 p.m. Although a location has not yet been determined, Ms. McCarthy stated that at this time there would be at least 15 people attending and there is a possibility of the attendance increasing to approximately a total of 27 people. The City Manager stated people are required to submit a budget with their annual request when asking for money for special events. With regard to the funding requests that are being presented to the Commission during mid-year, the City Manager explained that the City has not traditionally asked for this type of information but can if they feel it is necessary. Per Commissioner Perlman's suggestion, the City Manager stated that there is going to be discussion at the April 10th Workshop meeting about developing a policy on how to handle mid-year grant requests. In order to start preparing for next year, Ms. McCarthy stated she would like to see the City place a cap on the amount of funds that will be allocated for recreational events. Ms. McCarthy commented about the City Board applications and requested that the City Board/Committee application and Board structure be reviewed at the April l0th Workshop meeting. 13.C.3. Commissioner Perlman stated that at the Downtown Business Area Plan Steering Committee meeting sponsored by the John D. and Catherine T. MacArthur Foundation met last evening and is now fully ready for the Charrette. Mr. Perlman complimented and thanked Jeff Costello, Staff Liaison, along with the entire committee that handled the marketing. Mr. Perlman stated the committee deserves recognition for a job well done. Mr. Perlman announced that the Charrette will be held on Friday, April 27th from 7:00 p.m. - 9:00 p.m. and Saturday, April 28th from 9:00 a.m. - 3:00 p.m. at Pompey Park Recreation Center and Friday, -25- 04/03/01 May 4th from 7:00 p.m. - 9:00 p.m. in the City Commission Chambers. Commissioner Perlman stated these meetings are open to the public and encouraged everyone to attend. With regard to Jay Slavin's letter from Visions 2010, she commented about whether there is a fee. Mr. Perlman stated he checked and there is apparently no fee required. With regard to Vice-Mayor McCarthy's concerns regarding the Board applications, Mr. Perlman stated he would like to take a comprehensive look at the City Boards including the CRA and review the structure, length of terms, and the criteria of these Advisory Boards. 13.C.4. Commissioner Archer stated with regard to the cutting of the trees and workman tramping on properties, she suggested that perhaps the City look into having someone available while, this is going on to try and provide some sort of decorum of reasonable care for peoples property. Secondly, Mrs. Archer stated she has listened to Mrs. Rolle's comments regarding the need for sidewalks for quite some time and asked if staff could evaluate heavy pedestrian traffic versus vehicle traffic in communities throughout the City to try and determine when a sidewalk is needed in a particular area. 13.C.5. Mayor Sehmidt commented about an article in the Florida Trend Magazine, which mentions maintaining small town flavor and stated the first town mentioned is Delray Beach. He encouraged the Commission to read this article in the current issue of Florida Trend Magazine. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:25 p.m. Acting City Clerk ATTEST: MAYOR -26- 04/03/01 The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting of said City Commission of April 3, 2001, which minutes were formally approved and adopted by the City Commission on ~ /~, ,,gOO/ Acting City Clerk NOIE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -27- 04/03/01 WHEREAS, dedicated telecommunicators serve the citizens of the City of Delray Beach twenty-four hours a day by answering telephone calls for police, fire, and emergency medical services and by dispatching the appropriate assistance as efficiently and effectively as possible; and WHEREAS, the critical functions performed by professional telecommunicators also include emergency medical dispatching, evacuation, boil water orders, and road closure notification through the City Watch automated messaging system as well as many other operations performed or required by state and local government agencies; and WHEREAS, professional telecommunicators work to improve the emergency response capabilities of police and fire personnel through their participation in training programs and other activities provided by the Associated Public Safety Communications Officers, Inc., (APCO); and WHEREAS, the Associated Public Safety Communications Officers, Inc., an organization of over 6,000 people engaged in the design, installation and operation of emergency response communications systems, has set aside the week of April 8th through April 14, 2001, to recognize telecommumcators and their crucial role in the protection of life and property; and WHEREAS, Delray Beach telecommunicators have operated shorthanded and in temporarily cramped quarters while a new state-of-the-art radio system was being installed and the Communications Center refurbished, all the while working as a team to ensure uncompromised safety for our citizens, police, and fire personnel. NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of April 8th through April 14, 2001 as "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK" in Delray Beach, Florida, and urge all citizens to recognize our City's telecommunicators for the vital contributions they make for the safety and wellbeing of all our citizens 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 3rd day of April, 2001. DAVID W. SCHMIDT MAYOR 04/02/01 10:22 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~001 Delray Beach Police Department ~'~a 300 West Atlantic Avenue - Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 FAX TRANSMITTAL DATE: ~//-~ - 0 / TO: NAME: PHONE #: FAX #: FROM: PHONE #: Z am sending you the following: Per your request ~ For your approval For your information and record COMMENTS: P/~'Prs~ Total number of pages including this sheet: I~f this FAX is incomplete or received poorly, call (56I) 243- 04/02,/01 10'22 FAX 561 243 7816 DELRAY BEACH POLICE DEPT 002 PROCLAMATION WHEREAS, dedicated telecommunicators serve the citizens of the City of Delray Beach twenty-four hours a day by answering telephone calls for police, fire, and emergency medical services and by dispatching the appropriate assistance as efficiently and effectively as possible; and, WHEREAS, the critical functions performed by professional telecommunicators also include emergency medical dispatching, severe water conservation notifications, highway safety and maintenance activities, and many other operations performed or required by state and local government agencies; and, WHEREAS, professional telecommunicators work to improve the emergency response capabilities of police and fire personnel through their participation in training programs and other activities provided by the Associated Public Safety Communications Officers, Inc., (APCO); and, WI~I-EREAS, the Associated Public Safety Communications Officers, Inc., an organization of over 6,000 people engaged in the design, installation and operation of emergency response communications systems, has set aside the week of April 8t~ - 14t~, 2001, to recognize telecommunicators and their crucial role in the protection of life and property; and, WH]EREAS, Delray Beach telecommunicators have operated shorthanded and in temporarily cramped quarters while a new state-of-the-art radio system was being installed and the Communications Center refurbished, aH the while working as a team to ensure uncompromised safety for our citizens, police, and fire personnel, NOW, TI~EREFORE, I, David Schmidt, Mayor of the City of Delray Beach, Florida, due hereby proclaim the week of April 8m- 14m, 2001, as "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK" in the City of Delray Beach, in honor and recognition of our City's telecommunicators and the vital contributions they make to the safety and wel/being of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida to be affixed this 3~ day of April, 2001. MAYOR DAVID SCHMIDT MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~//~' - REGULAR MEETING OF APRIL 3, 2001 JOINT PARTICIPATION AND PROJECT FUNDING AGREEMENT WITH PALM BEACH COUNTY (LAKE IDA ROAD WIDENING PROJECT) MARCH 30, 2001 This is a proposed revised Joint Participation and Project Funding Agreement between the City and Palm Beach County related to utility upgrades and relocation in connection with the Lake Ida Road Widening Project between Congress Avenue and Military Trail. This item was previously submitted for action March 6th but was withdrawn pending revisions requested by the City Attorney. Palm Beach County has agreed to the revisions requested and we can now proceed. The agreement provides for the construction of Lift Station //89, replacement and upgrade of the force main on Lake Ida Road as well as other miscellaneous utility adjustments associated with the roadway-widening project. The total amount of the agreement is $948,431.00 with funding available in the amount of $219,051.50 from 442-5178-536-65.18 (Lake Ida Road Utility Relocations), $206,648.00 from 441- 5161-536-63.78 (Chatelaine Lift Station) and $522,732.00 from 441-5181-536-69.21 (Barwick/Lake Ida Road Force Main). Approval of the Joint Partidpation and Project Funding agreement between Palm Beach County and the City is recommended. Ref:Agmemol.JointParticipation-PBC-4-3-01 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.~ Deputy Director of Pulflic Utilities March 28, 2001 JOINT PARTICIPATION WITH PALM BEACH COUNTY LAKE IDA ROAD WIDENING UTILITY UPGRADES AND RELOCATION PROJECT NO. 99-017 AND 99-019 Attached is an Agenda Request and a copy of the revised Joint Participation Agreement between the City of Delray Beach and Palm Beach County for Utility upgrades and relocation associated with the subject project. This item was previously submitted for City Commission action at the March 6, 2001 meeting but was withdrawn pending revisions requested by the City Attorney. Palm Beach County has agreed to the revisions requested and we can now proceed with Commission action. This project includes the construction of Lift Station 89, replacement and upgrade of the force main on Lake Ida Road as well as other miscellaneous utility adjustments associated with the Roadway Widening Project. I have reviewed the plans and concur with the County's quantities for utility adjustments. The total amount of the agreement is $948,431.50 and funding is as follows: 1. 442-5178-536-65.18 Lake Ida Road Utility Relocations $219,051.50 2. 441-5161-536-63.78 ChatelaneLift Station $206,648.00 3. 441-5181-536-69.21 Barwick/Lake Ida Road Force Main $522,732.00 TOTAL $948,431.50 Please place this item on the April 3, 2001 Agenda for consideration by City Commission. CDB/pd CC'. Richard Hasko, P.E., Director of Environmental Services City Clerks Office (original copies) %ESSRV002\DEPARTMENTS\EngAdm~nL~rojects\1999\99-017\OFFICIALUoint Pa~c~patton-Memo2 doc AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND THE CITY OF DELRAY BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF LAKE IDA ROAD MILITARY TRAIL TO CONGRESS AVENUE PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 99502 THIS AGREEMENT, made and entered into this day of 2001, by and between PALM BEACH COUNTY, a political subdivision in the State of'Florida, herein referred to as "COUNTY" and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY ". WITNESSETH: WHEREAS, the COUNTY intends to construct improvements to Lake Ida Road from Military Trail to Congress Avenue, hereinafter "PROJECT"; and WHEREAS, the CITY desires to construct water distribution and sanitary utility adjustments and other utility system improvements, hereinafter IMPROVEMENTS; and has prepared or caused to be prepared plan(s) and specification(s), hereinafter PLANS; and WHEREAS, COUNTY and CITY desire to jointly participate in the construction of the IMPROVEMENTS and the PROJECT in order to make the best use of COUNTY and CITY resources and to minimize disruption to the traveling public; and WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the "IMPROVEMENTS" be constructed with the "PROJECT"; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. The purpose of this Agreement is to clarify the parties' roles and obligations regarding procurement, construction and funding of CITY's IMPROVEMENTS to be constructed in conjunction with the PROJECT. 2. The CITY agrees to fund and pay directly to the COUNTY costs attributable to construction of the "IMPROVEMENTS" along the fight-of-way of the PROJECT as outlined and shown in the Bid Documents for Palm Beach County Project # 99502. 3. Said cost for the IMPROVEMENTS is ( NINE HUNDRED FORTY EIGHT THOUSAND FOUR HUNDRED THIRTY ONE DOLLARS AND FIFTY CENTS ) ($ 948,431.50), in accordance with the attached bid tabulation (Attachment "A") and summary of the IMPROVEMENTS (Attachment "B"). The COUNTY shall submit monthly invoices to the CITY fbr the work perfbrmed during that period, the CITY shall then have the fight to review the invoices and veril~ that the work set forth in the invoice has been completed. If the work set forth in the invoice has not been completed in accordance with the "PLANS", the CITY shall have that fight to refuse payment until such work is completed in accordance with the "PLANS". 4. Costs shall be adjusted upon actual contract costs at completion of the project using 2 AGREEMENT WITH THE CITY OF DELRAY BEACH contract unit prices and actual constructed quantities. Said quantities being measured by the Palm Beach County Engineering and Public Works Department in conjunction with the CITY's Consulting Engineer. 5. The CITY agrees to remit payment as set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that payment is required. 6. The COUNTY is to be responsible for administering the funds in accordance with this Agreement. 7. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of the IMPROVEMENTS, including certification of the IMPROVEMENTS. 8. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the construction of IMPROVEMENTS in an amount greater than the contract amount as stated in Paragraph 3 of this Agreement. The CITY shall notify COUNTY of the its intent to approve or deny the change order within ten (10) working days of COUNTY's notice to CITY of the necessity for a change order relating to the IMPROVEMENTS. The CITY shall be responsible for any costs caused by the CITY's delays including but not limited to PROJECT delays. 9. In the event that additional IMPROVEMENTS and funding is required, for the satisfactory completion of the IMPROVEMENTS, the additional cost attributable to the construction of the IMPROVEMENTS, as outlined in the specifications for this project, is the responsibility of the CITY. In the event of an under run attributable to said construction of the 3 AGREEMENT WITH THE CITY OF DELRAY BEACH IMPROVEMENTS, the CITY will be credited the excess amount. 10. The CITY shall indemnify, defend, and hold harmless the COUNTY against any actions, claims, or damages arising out of CITY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the COUNTY for the COUNTY's negligent acts or omissions. 11. The COUNTY shall indemnify, defend, and hold harmless the CITY against any actions, claims, or damages arising out of COUNTY's negligence in connection with this Interlocal Agreement to the extent permitted by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the CITY for the CITY's negligent acts or omissions. 12. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. However, once the construction of IMPROVEMENTS commences this Agreement shall be binding upon the parties and shall no longer be contingent upon the availability of funds for the proposed IMPROVEMENTS. The CITY shall not have the right to terminate this Agreement for the reason that sufficient funds are not available for the IMPROVEMENTS. Further, once the COUNTY commences construction of IMPROVEMENTS, the IMPROVEMENTS shall be prosecuted to completion, unless the CITY 4 AGREEMENT WITH THE CITY OF DELRAY BEACH notifies the COUNTY in writing that further work on the IMPROVEMENTS shall cease. In that event the CITY shall be responsible for all costs incurred relating to the IMPROVEMENTS. 13. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to the CITY shall be sent to: City of Delray Beach Environmental Services Department 434 South Swinton Avenue Delray Beach, F1 33444 Attn: C. Danvers Beatty, P.E. Deputy Director of Public Utilities All notice to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416-1229 ATTN: Roadway Production 14. Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only to the parties to this Agreement. 15. Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 16. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm AGREEMENT WITH THE CITY OF DELRAY BEACH Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereinafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 17. The preparation of this Agreement is considered a joint effort of the parties and the resulting document shall not solely as a matter of judicial constraint be construed more severely against one of the parties than the other. 18. The COUNTY and the CITY agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carded out by the performance of this Agreement. 19. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Agreement. 6 AGREEMENT WITH THE CITY OF DELRAY BEACH IN WITNESS WItEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Chair ATTEST: ATTEST: ALISON MAC GREGOR-HARTY CITY CLERK DOROTHY H. WILKEN CLERK By: By: (DATE) Deputy Clerk (DATE) 7 AHREEMENT WITH THE CITY APPROVED AS TO FORM AND LEGAL SUFFICIENCY: OF DELRAY BEACH APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney By: Assistant County Attorney F"tROADWAY~AGRMT~99502DBUr-J2F.doc 8 ATTACHMENT "B" PROJECT NAME: LAKE IDA RD., MILITARY TRAIL TO CONGRESS AVE. PROJECT NUMBER: 99502 Sonic Engineering, Inc. ITEM QUANTITY/UNITS UNIT PRICE AMOUNT REGULAR ROADWAY PAY ITEMS 10 DOUBLE ROCK BASE (16") 100 SY $ 11.50 $ 1,150.00 17 PREMIUM FOR CONFLICT 43 EA $ 1,660.00 $ 71,380.00 CONDITION (SEE SP'S) 19 INLETS (CURB) (TYPE P-2) < 10' 1 EA $ 4,160.00 $ 4,160.00 25 INLETS (CURB) (TYPE J- 5)< 10' 1 EA $ 3,141.00 $ 3,141.00 28 MANHOLE (TYPEP- 7) < 10' 29 EA $ 1,325.00 $ 38,425.00 30 MANHOLE (TYPE J-7) < 10' 3 EA $ 2,335.00 $ 7,005.00 31 MANHOLE (TYPE J-7) > 10' 3 EA $ 2,700.00 $ 8,100.00 REGULAR ROADWAY PAY ITEMS SUBTOTAL $133,361.00 CONTINGENCY PAY ITEMS UTILITY & APP (6" WM) SUPPORT AND PROTECT UTILITY & APP (8" WM) SUPPORT AND PROTECT UTILITY & APP (12" WM) 83 100LF $ 10.00 $ 1,000.00 84 100LF $ 10.75 $ 1,075.00 75 FLOWABLEFILL 10 CY $ 210.00 $ 2,100.00 76 PREMIUM TO UPGRADE FROM 2 EA $ 800.00$ 1,600.00 "P" BOX TO "J" BOX (SEE SP'S) 77 ADJUST VALVE BOXES 10 EA $ 230.00 $ 2,300.00 (INCLUDES CONCRETE COLLAR) 78 ADJUST AIR RELEASE VALVES 2 EA $ 200.00 $ 400.00 79 ADJUST FIRE HYDRANT 10 EA $ 300.00 $ 3,000.00 80 ADJUST MANHOLES 9 EA $ 300.00 $ 2,700.00 82 SUPPORT AND PROTECT 100 LF $ 8.50 $ 850.00 ATTACHMENT "B" PROJECT NAME: LAKE IDA RD., MILITARY TRAIL TO CONGRESS AVE. PROJECT NUMBER: 99502 Sonic Engineering, Inc. ITEM QUANTITY/UNITS UNIT PRICE AMOUNT CONTINGENCY PAY ITEMS(continued) 85 SUPPORT AND PROTECT 100 LF $ 8.50 $ 850.00 UTILITY & APP (4" FM) 86 SUPPORT AND PROTECT 100 LF $ 8.50 $ 850.00 UTILITY & APP (6" FM) 87 SUPPORT AND PROTECT 100 LF $ 10.00 $ 1,000.00 UTILITY & APP (8" FM) 88 SUPPORTAND PROTECT 100 LF $ 11.00 $ 1,100.00 UTILITY & APP (10" FM) 89 SUPPORT AND PROTECT 100LF $ 11.50 $ 1,150.00 UTILITY & APP (12" FM) 90 SUPPORT AND PROTECT 100 LF $ 15.75 $ 1,575.00 UTILITY & APP (18" FM) 106 107 108 109 110 111 CONTINGENCY PAY ITEMS SUBTOTAL UTILITY PAY ITEMS (CITY OF DELRAY BEACH) 103 8" DIP WATERMAIN 20 LF 104 12" DIP WATERMAIN 120 LF 105 12" DIP WATERMAIN 150 LF ON BRIDGE 16" DIP WATERMAIN 1,000 LF 4" GATE VALVE 1 EA 6" GATE VALVE 1 EA 8" GATE VALVE 4 EA 12" BUTTERFLY VALVE 7 EA 16" BUTTERFLY VALVE 1 EA $ 21,550.00 $ 64.00 $ 64,000.00 $ 440.00 $ 440.00 $ 515.00 $ 515.00 $ 720.00 $ 2,880.00 $ 1,080.00 $ 7,560.00 $ 2,275.00 $ 2,275.00 $ 113.00 $ 2,260.00 $ 45.00$ 5,400.00 $ 74.00$ 11,100.00 ATTACHMENT "B" PROJECT NAME: LAKE IDA RD., MILITARY TRAIL TO CONGRESS AVE. PROJECT NUMBER: 99502 Sonic Engineering, Inc. ITEM QUANTITY/UNITS UNIT PRICE AMOUNT UTILITY PAY ITEMS (CITY OF DELRAY BEACH) (continued) 112 AUTOMATIC AIR RELEASE 1 EA VALVE 113 4" LINE STOP 1 EA 114 8" LINE STOP 5 EA 115 12" LINE STOP 3 EA 116 REMOVE & RELOCATE 13 EA EXISTING FIRE HYDRANT 117 REMOVE EXISTING FIRE 1 EA HYDRANT 118 6"x 6" T.S. & VALVE lEA 119 8"x 6" T.S. & VALVE 4EA 120 12" x 6" T.S. & VALVE 6 EA 121 12" x 8" T.S. & VALVE 4 EA 122 12" x 12" T.S. & VALVE 1 EA 123 FILL & FLUSH ASSEMBLY 2 EA 124 SAMPLE POINT 6 EA 125 1" IRRIGATION WATER 5 EA SERVICE 126 1-1/2" IRRIGATION WATER 7 EA SERVICE 127 SINGLE WATER SERVICE 9 EA 128 DOUBLE WATER SERVICE 9 EA 129 ADJUST VALVE VAULT TO 3 EA GRADE $ 3,200.00 $ 3,200.00 $ 2,700.00 $ 2,700.00 $ 3,450.00 $ 17,250.00 $ 5,000.00 $ 15,000.00 $ 1,200.00 $ 15,600.00 $ 525.00 $ 525.00 $ 2,150.00 $ 2,150.00 $ 2,220.00 $ 8,880.00 $ 3,175.00 $ 19,050.00 $ 3,475.00 $ 13,900.00 $ 4,750.00 $ 4,750.00 $ 455.00 $ 910.00 $ 235.00 $ 1,410.00 $ 710.00 $ 3,550.00 $ 1,031.00 $ 7,217.00 $ 711.00 $ 6,399.00 $ 935.00 $ 8,415.00 $ 263.00 $ 789.00 3 ATTACHMENT "B" PROJECT NAME: LAKE IDA RD., MILITARY TRAIL TO CONGRESS AVE. PROJECT NUMBER: 99502 Sonic Engineering, Inc. ITEM QUANTITY/UNITS UNIT PRICE AMOUNT UTILITY PAY ITEMS (CITY OF DELRAY BEACH) (continued) 130 8" DIP FORCE MAIN 225 LF $ 47.50 131 12" DIP FORCE MAIN 1,500 LF $ 48.50 132 16" DIP FORCE MAIN 2,500 LF $ 68.00 133 6" PLUG VALVE 1 EA $ 920.00 134 8" PLUG VALVE 2 EA $ 1,260.00 135 12" PLUG VALVE 1 EA $ 2,250.00 136 TOTAL PIPE REMOVAL 16,000 LF $ 6.00 137 10" DIP GRAVITY SEWER 50 LF $ 80.00 MAIN (12'-14' cut) 138 CORE AND CONNECT TO 1 EA $ 1,720.00 EXISTING MANHOLE (12'-14' cut) 139 FILL & ABANDON EXISTING 2 EA MANHOLE 140 PLUG MANHOLE INVERT 141 GROUT 24" GRAVITY SEWER 142 LIFT STATION #89 COMPLETE 1 LS 143 UTILITY ALLOWANCE 1 LS $ 10,687.50 $ 72,750.00 $170,000.00 $ 920.00 $ 2,520.00 $ 2,250.00 $ 96,000.00 $ 4,000.00 $ 1,720.00 $ 265.00 $ 530.00 3 EA $ 131.00 $ 393.00 1,750 LF $ 13.50 $ 23,625.00 $ 130,000.00 $130,000.00 $ 50,000.00 $ 50,000.00 TOTAL UTILITY PAY ITEMS (CITY OF DELRAY BEACH) $ 793,520.50 GRAND TOTAL $ 948,431.50 F-\ROADWAY~AGRMT\99502DBU-SUM doc 4 AGENDA REQUEST NO, Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item Date: March 28, 2001 When: April 3, 2001 Descripti~m~_who, what, where, how much): Staff requests Commission approval of a Joint Participatio0~Set/v~n"the City of Delray Beach and Palm Beach County for Utility upgrades and relocation in connection with the Lake Ida Road Widening. The total amount of the Agreement is $948,431.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Agreement. Department head signature: _ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (ff applicable)! Budget Director Review (r,~tl~red on all items involving expenditure of funds): Funding available: Funding alternatives .0f apphcable) ^ count o. Account Balance City Manager Review: Approved for agenda: (~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\ESSRV002\DEPARTMENTS\EngAdmln~Projects\1999\99-017\OFFICIALXJo~nt Partmlpat~on-Agenda2 doc TO: FROM: SUBJECT: DAi~L~DOD T. H~Ebl, C_ITY MANAGER RLIN~,~ECTOR OF PLANNING AND ZONING MEETING OF APRIL 3 2001 ***CONSENT AGENDA *** APPROVAL OF PERMIT FEES IN THE AMOUNT OF $16,500 FOR FDEP (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION) RELATED TO THE YEAR 2001 BEACH NOURISHMENT PROJECT Coastal Planning and Engineering has submitted design plans for the upcoming beach nourishment project to FDEP (Florida Department of Environmental Protection). With FDEP's response and request for additional information the State has requested the applicable permit fees. The sum of the State of Florida permit fees required by Chapters 62-4, 62B-41and 18-21, Florida Administrative Code have been calculated as $22,500. Rule 62-4.050 (4)(g)(1)(b)(lll) requires $10,000 for construction over 268 acres of surface waters (93 acres of new deposition area, 175 acres of borrow area impact), Rule 62-4.050 (4)(g)(6)(c) requires $500 for a variance to allow an increased turbidity plume (mixing zone) at the dredge discharge point, and Rule 62B-41.0085(3) requires $12,000 for the 1,017,000 cubic yards of sand designated for beach placement. However, Rule 62-41.0085(6) provides for a waiver of that portion of the fees required under Rule 62B-41.0085(3) ($12,000) above the local government pre rata share resulting in a reduction of $6,000 for a total permit fee of $16,500. The fees are to be paid from the beach account number 332-4164-572-49.90 and are not reimbursable from the Federal, or State agencies. However, in preliminary discussions with Palm Beach County, the permit fees may be reimbursable by the County under the current interlocal agreement. By motion, approve the permit fees in the amount of $16,500 for FDEP (Florida Department of Environmental Protection) for the upcoming Beach Nourishment Project. S:~adv~beach~:cdocfdepfees.doc MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Administrator Lula Butler, Community Improvement Director ~ March 28, 2001 Applicant (Mr. & Mrs. Samuel Hanna) is requesting the City of Delray Beach to subordinate its second mortgage position ITEM BEFORE THE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $17,094.00 to allow the homeowners, Mr. & Mrs. Hanna to secure a new loan to avoid foreclosure. BACKGROUND The Hanna's are property owners within the City's Bootstrap area. During August 2000, the Hanna's were given housing rehabilitation assistance in the amount of $17,094.00 to repair their home. The rehabilitation assistance is secured by a Promissory Note/Second Mortgage approved by the City Commission and requires the applicant to maintain ownership/residence for a specified period according to the amount of the grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current agreement will remain recorded as a covenant to the property until August 2010. RECOMMENDATIONS Staff is recommending the City Commission approval to subordinate its second mortgage position in the amount of $17,094.00 to avoid foreclosure. February 28, 2001 Mortgage Services, Inc. L~C£NSEt> co~s?oNz>E~r L~z>~R City of Delray Beach Community Development Division 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Ellen M. and Samuel R. Hanna Subordination Agreement Dear Sir/Ma'am: Ellen M. and Samuel R. Hanna has been approved for a fixed rate loan with DFC Mortgage Services, Inc. They are now living on a fixed income and it is not feasible for them to continue with an adjustable rate loan. Mr. Samuel Hanna has recently retired after 25 years of service with Castle Management, Inc. Although, his retirement was a very happy occasion, his retirement came at a very bad time for them, at the same time Ellen Hanna had knee surgery and she was unable to work for several weeks. Subsequently, they fell behind with their first and second mortgage obligations. Nations Credit is requiring that all payments be brought current immediately. Unfortunately, they are not in a position to comply. Additionally, at this time the second mortgage is due in full, and the real estate taxes are due for years 1999 and 2000. Refinancing their mortgage would allow them the oppommity to bring their mortgage current, payoff their second mortgage, pay their outstanding taxes and to purchase hazard and flood insurance for their property. Mr. & Mrs. Hanna have owned this property for 28 years and I would hate to see them lose their property and become homeless. Therefore, I am requesting that The City of Delray Subordinate their current State Housing Initiatives Program (SHIP) loan dated August 2, 2000, in order for Mr. & Mrs. Hanna to close their loan. Sincerely, ., . . MiL'helle B. Davis Loan Officer 3601 W. COMMERCIAL BLVD., SUITE 35 · FORT LAUDERDALE, FL 33309 ° (954)739-9099 · Fax (954)739-7110 SUBORDINATION AGREEMENT WHEREAS, under the date of August 2. 2000, a mortgage was given by City of Delrav Beach Housing Rehabilitation Programs, to Ellen Hanna, recorded in ORB 11990, page 88, of the Public Records of Palm Beach County, Florida. Said mortgage covers the following described real property lying and being in Palm Beach County, Florida. LOT 11, IN BLOCK 14, PF DELRAY SHORES 1sT ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, AT PAGE 2, OF THE PUBLIC RECORDS OF PALM-BEACH COUNTY, FLORIDA WHEREAS, Alliance Funding A Division of Superior Bank FSB has agreed to make a mortgage loan to Samuel R. and Ellen M. Hanna, in the amount of $ 88.000.00, herein called the "new mortgage," covering the property above described, providing the mortgage first described is subordinated to it; and WHEREAS, the undersigned, in order to induce the making of the new mortgage loan, and in consideration of the sum of $10.00 and other good and valuable consideration, desire to subordinate heir mortgage to the new mortgage: NOW, THEREFORE, in consideration of the premises, the mortgage first described above is by this instrument subordinated and made inferior to the mortgage to be given to Alliance Funding last above described. (SEAL) (SEAL) Signed, Sealed and Delivered In the presence of: Witness Witness State of Florida ) ) SS County of ) Personally appeared before me this day of , __ the undersigned Notary Public, ., who are personally known to me / produced the following identification that they executed the foregoing document and no oath was taken. Notary Public State of Florida at Large My commission expires: Agenda Item No.: AGENDA REOUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda xxxxx Consent Agenda Date: March 28, 2001 When: April 3, 2001 Description of item: Authorization and approval to subordinate the City's second mortgage position in the amount of $17,092.00 to avoid foreclosure for a Housing Rehabilitation Program recipient. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: Yes/No Recommendation: Staff recommends approval and execution of the subordination agreement. CDBG Total: Acco~7~~~ Department Head Signature.. ~,~ - City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: .(if applicable) City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM g~) RESOLUTION NO. 29-01 - REGULAR MEETING OF APRIL 3, 2001 MARCH 30, 2001 This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from five (5) properties within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 29-01. Ref:Agmemo 15 .Res. 29-01 .Abandoned Vehicles RESOLUTION NO . 2 9 - 01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to ~hapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Res.No. 29-01 Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the , 2001. day of ATTEST: MAYOR Acting City Clerk 3 Res.No. 29-01 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT sUB OF SECTION 20-46-43, ELY 294 FT OF LOT 19 LYN NO OF PL OF DELRAY BEACH HEIGHTS EXT IN PB 26, P 83/LESS E 44 FT OF S 100 FT/& NLY 435.91 FT OF W 1/2 OF LOT 27 IN PR 885, P 1036, DELRAY BEACH HOUSING AUTHORITY ATTN: DOROTHY ELLINGTON PB 28, P 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (770 SW 12TH TERRACE/BLDG R) 12 43 46 20 01 019 0020 CUST ID # 48 TOWN OF DELRAY, S 150 FT OF W 135.5 FT OF BLOCK 26, PB 5, P 64, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (415 NW2ND STREET) 12 43 46 16 01 026 0120 CUST ID # 114 770 SW 12TH TERRACE DELRAY BEACH, FL 33444 $ $ i FRED D. MC COY& .AMERIFIRST 7500 NW 68TH AVE # 210 HIALEAH, FL 33015-4044 30.00 15.00 ;ADM. FEE $ 30.00 $ 15.00 ADM.FEE TOURIST NOOK DELRAY, LOT 11, BLOCK B, PB 11, P 47, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (217 NW 9TH AVENUE) 12 43 46 17 25 002 0110 CUST ID # 8679 DELRAY BEACH HIGHLANDS, SECTION 3, LOT 11, BLOCK 5, PB 27, P 108, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1311 SW 22ND AVENUE) 12 43 46 19 04 005 0110 CUST ID # 866O TOMMIE D SHEFFIELD & ALICE JACKSON 217 NW 9TH AVENUE DELRAY BEACH, FL 33444 EVELINA JEAN 311 SW 22ND AVENUE DELRAY BEACH, FL 33445 $ 3O.00 $ 1500 ADM.FEE $ 30.00 $ 15.00 ADM.FEE Res. No. 29-01 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE TOWN OF DELRAY, W 59.9 FT OF E 151.5 FT OF S 100 FTOF BLOCK 6, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (705 SW 2ND STREET) 12 43 46 16 01 006 0230 CUST ID # 8739 DEBORAH C. BOSTWICK 705 SW 2ND STREET DELRAY BEACH, FL 33444 $ 85.00 ~ ~$ 1500 ADM. FEE VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS, DECLARED Res No 2g-01 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND crFY COMMISSIONERS CITY MANAGER ~J~ AGENDA ITEM ~- REGULAR MEETING OF APRIL 3, 2001 RESOLUTION NO. 30-01 MARCH 30, 2001 This is a resolution assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 30-01. Ref'~gmemo15.NuisanceAbatement RESOLUTION NO . 3 0- 01 A JtBSOL~FTZON OF TH~ CITY COMMISSION OF THE CITY OF DBLRAY BEACH, ~RIDA, P~SU~ ~ ~R 100 OF ~ CODE OF O~Z~CE9 OF ~E CI~ OF D~Y B~, ~SESSIN~ COSTS FOR ~TZN~ ~ZS~C~S ~ON ~TAIN ~(S) ~T~ ~IN ~ Ci~ OF DE~Y B~ ~ PR~ZDIN~ ~T A NOTICE OF LZ~ S~ ACCO~ ~ NOTZ~ OF ~SESS~; B~TTING O~ A~ ~STS ~u~D BY ~ CI~ TO ACCO~LISH SU~ ~T~ ~ ~IN~ ~ ~ST OF SU~ ~~ OF ~ZS~CES; PROVIDING FOR ~ ~FFE~I~ DATE ~ FOR A D~ DATE ~ Z~EREST ON ~SESS~SZ PROVIDING FOR ~E ~CO~ING OF ~IS ~SOL~ION, ~ DECKING S~D L~ TO B~ A LI~ ~ON ~ ~~ PROPERTY FOR ~AID ~SBSS~S. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto end made a part hereof, for violation of ~he provisions of Chapter 100 of ~he Code of Ordinances; and, MHEREAS, pursuant to Section 100.20, 100.21 ·nd 100.22 of the Code of Ordinances of the City of Delr·y Beach, tho City Manager or his designated representative has inspected said land(s) and has determ/ned that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and d~d furnish the respective owner(s) of ~he 1·nd(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) &nd sent notice that within ton (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate acid nuisance, or file · written request for · hearing to review the decision that · nuisance existed within ten . (16i days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, &nd ~hat the cost thereof would be levied as an assessment against said property; &nd, WKL~EAB, the property owner(a) ·&mod in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 &nd 100.22 within the time l~m4ts prescribed in said notice &nd Chapter 100 of the Code of Ordinances, or if ~hs property owner(s) did request &nd receive · hearing, said property owner(s) failed &nd/or neglected to abate such nuisance(s) within the time designated at the hearing wherein · decision was rendered adverse to the property ovner(s)~ &nd, WHEREAS, the City of Dolrny Beach, through the City A~nistration or such agents or contractors hired by the City Adm~nistration was therefore required to and did enter upon the i&nd(s) described in the list attached &nd made a part hereof &nd incurred costs in abating the subject nuisance(s) existing thereon es described in the notice; and, WHEREAS, the City Manager et the City el Delray Beach has, pursuant to Chapter 100 et the Code of .Ordinances ot the City of Delray Beach, submitted to the City Commission a report ot the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel o£ land involved; and, MNrR~AS, the City Commission el the City of Delray Beach, pursuant to Chapter 100 et the Code et Ordinances desires to assess the cost et said nuisance(s) against laid property owner(s), NOW, TH~RBFORK, BE ZT RESOLVED BY THE CXTY COMMISSION OF Tile CITY OF DBLRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That assessments in the individual amounts as shown by the report of the City Manager et the City of Delray Beach, involving the City's cost et abating the aforesaid nuisances upon the lots or parcels o£ land described in laid report, a copy of which is attached hereto and made a part hereof, ere hereby levied against the parcel(s) o£ Land described in said report and in the amount(e) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing et the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the sane nature and to the same extent as the lien ior general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which laid assessments are levied. Section 3. That the City Clerk et tho City of Delray Beach ie hereby directed to innedimtely mail by tiret class mail to the owner(e) of the property, aB such. ownership appears upon the records et the County Tax Assessor, notice(s} that the City C~-~ssion of the City of Delrey Beach on the has levied an assessment against laid property tlr the cost of abatement et said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's tees and other costs of collecting said sums. A Notice et Lien shall be mailed, along with the Notice of assessment and this resolution. Section 4. That this resolution shell become etiective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days miter the mailing date of the notice et amid assessment(s), after which · lien shall be placed on said property(s), and interest shall accrue at the rate el eight (8) percent per annum plus, ii collection proceedings are necessary, the coots el such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not boon received by the City Clerk within thirty (30) days after the mailing date o£ the notice o£ assessment, the City Clerk is hereby directed to record a certified copy o£ this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 30-01 o£ ~he cer~i£Aed copy o£ ~his resolution a lien shall become e££ective on the subject property ~hich shall Jecure the cost o£ abatement, interest at the rate o£ 8%, and ~ollection coats including · reasonable atto~ne¥'m fee. ~BBBD ~ ~DO~D in regular eesmion on ~his ~he day o£ · 2001. MAYOR ATTEST Actin~ City Clerk oo Res. No 30-01 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT SUB. 9-46-43, S ~01~3 FT OF N 150.15 FT (LESS W468 FT) OF LOT 37 LYG WEST OF NE 2ND AVENUE, PB 1, P 3, PUBLIC RECORD S OF PALM BEACH COUNTY, FL (126 NE 17TH STREET) 12-43-46-0939--000-0371 CUST ID # 8675 TROPICISLE, LOT 52, PB-25, P 77, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (TROPIC BLVD ) 12-43-46-28-01-000-0520 CUST ID # 8471 TOWN OF DELRAY, W 50 FT OF E 150 FT OF S 100 FT OF BLOCK 16, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL PETER & SHELIA KROLIKOWSKI 126 NE 17TH STREET DELRAY BEACH, FL 33444 $ 31.90_, $ 70.00 4ADM. FE_E JOHANNES SCHAEFER c/o SCHAFER ELECKTRONIC GMBH 17/ GAMSHURST, ACHERN 77855 GERMANY $ 59.95, $ 70.00 'ADM F-EE (605 SW 4TH STREET) 12-43-46-16-01-016-0052 CUST ID # 7403 DELL PARK, LOTS 3 & 4, BLICK 8, PB 76, P 110, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1012 NE 3RD AVENUE) 12-43-46-09-28-008-0030 CUST ID # 291 ODMANNS SUB., LOT-i 8, BL-OCK 4, PB 4, P 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (40 SW 13TH AVENUE) 12-43-46-17-28-004-0180 CUST ID ~r212 SETH LARRABEE 245 NORTH SWINTON AVENUEI DELRAY BEACH, FL 33444 I RICHARD A. COURT, ESTATE ,1525 WEST 1600 NORTH !MAPLETON, UT 84664-3334 $ 66.90 $ 70.00 ADM FEE ,E. & LUCILLE HARRISON 1901 NORTH "F" STREET 'LAKE WORTH, FL 33460-2475 $ 40 95 $ 70.00 ADMFEE $ 58 93 $ 70.00 ;ADM. FEE 4 Res. No 30-01 . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE ITOURIST NOOK DELRAY, LOT 25, BLOCK B, PB 1, P 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (232 NW 18TH AVENUE) CUST ID # 121 DELRAY SHORES 1ST ADDITION, LOT 8, BLOCK 17, PB 28, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 12-43-46-07-017-0080 (586 LAWRENCE ROAD) CUST ID # 317 SlLVE~ TERRAC-E DELRAY, LOT 14, BLOCK 6, PB 11, P 61, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (MIAMI BLVD) 12-43-46-21-13-006-0140 CUST ID # 8091 GLORITH STEPHENSON 13953 CORAL WAY DELRAY BEACH, FL 33445 $ 50.95 $ 70.00 ADM.FEE - i JERRY P. MCCRAY j 586 LAWRENCE ROAD I DELRAY BEACH, FL 33445 ~ $ 127 60 , $_ 70.00 .ADM. FEE RAYMOND E WAGENKNECHT, JR 4101 THORNTON AVENUE TOLEDO, OH 43612-1750 $ 67.93 $ 70.00 ADM. FEE VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE Res. No 30-01 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David T. Harden, City Manager Kenneth L. Thomas, Community Development Administrator Lula Butler, Community Improvement Director ~ March 29, 2001 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) eligible applicant/family under the Delray Beach Renaissance Program. The subsidy represents the 121 ~t homeownership assistance grant provided under the city Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In parmership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one (1) eligible applicant/family of the following property: (Acquisition Rehabilitation) 135 NW 8th Avenue (Town of Linton, Block 3, Lot 91, Parcel ID # 12-43-46-16-01-003-0091) $15,000. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION No (Acquisition/Rehabilitation) CENSUS TRACT NAME Mae Pearl Jackson-Lott and Arzell Lott 67 PROPERTY ADDRESS 135 NW 8th Avenue LEGAL DESCRPTION Lot 91, Town ofLinton, PB 1, PG 3, Blk 3 % OF AREA MEDIAN HOUSEHOLD INCOME 25% NO. FIRST MORTGAGE RATE 0 % LTV % PROJECT/SUBSIDY BREAKDOWN COST OF REHABILITATION: COST OF LOT: COST OF EXISTING UNIT: TOTAL TRANSACTION $ 2, 725.00 N/A $ 78, 500.00 $ 81,225.00 IN HOUSEHOLD 2 FIRST MORTGAGE TOTAL SUBSIDY SECOND MORTGAGE $ 15,000.00 $ 20,000.00 $ 45,000.00 Ci_ty of Delray Beach SHIP CRA Sale of 12 SW 7th Ave - CRA THIRD MORTGAGE OTHER CREDITS Estimated cash from/to borrower (Lender 1003) TOTAL TRANSACTION $ 1,225.00 $ 81~ 225.00 NW POMPEY PARK N W 2ND ST 11 S.D. SPADY EL EMEN TAR Y SCHOOL 3RD MARTEN LUTHER KING JR. N W 1ST ST DRIVE F/RE STATION NO 1 ~ z ~ ~ z z z / ATLANTIC AVENUE J'l ¢TJ-JTI-IZTT~ ¢T'TTTTI-1T~ r I I 'lH ,.,.,I- I lJJJ , POLICE ,tlr CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT N COMMUNIT'Y REDEVELOPMENT AGENCY PROPERTY PC #: 12-43-46-16-01-003-0091 8,45£ ,tI/P SYSTEM -- MAP REF. LM515 Agenda Item No.: ocYt~-'' AGENDA REQUEST Request to be placed on: ~ Regular Agenda Special Agenda __ Workshop Agenda xxxxx Consent Agenda Date: March 29, 2001 When: April 3, 2001 Description of item: Authorization and approval to issue a subsidy to one (1) eligible applicant/family under the Delray Beach Renaissance Program totaling $15,000.00 Note: Mae Pearl Jackson-Lott and Arzell Lot ($15,000.00) represents the 121st homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $15,000.00 Account Number: 118~1924-554.83-01 Department Head Signature: ~ ~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involvigg eyp~enditure of funds): Funding Available: ~.~I/NO ~' Funding Alternatives: (if applicable) Account No. & Oescriptio;: Account Balance: ' City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~' - REGULAR MEETING OF APRIL 3, 2001 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS MARCH 30, 2001 Attached is the Report of Appealable Land Use Items for the period March 19th through March 30, 2001. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref:Apagmemo/Appealables/04-03-01 TO: THRU: FROM: SUBJECT: D~.~T. HARDEN, CITY MANAGER PAJJ;L DORLING, ,DII~ECTOR OF PLANNING AND ZONING ASMIN ALLEN, PLANNER MEETING OF APRIL 3, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 19, 2001 THRU MARCH 30, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of March 19, 2001 through March 30, 2001. 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 (7 to 0), a master development plan modification to the approved Congress Commerce Centre development, located at the southeast corner of Lake Ida Road and Congress Avenue, by removing the north half of the site from the master plan and amending the mix of proposed uses on the remaining 6.52 acres. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. City Commission Documentation Appealable Items Meeting of April 3, 2001 Page 2 Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 4.6.7, regarding signs. Recommended approval (6 to 1, Bird dissenting), of an amendment to the Land Development Regulations Section 4.3.3(I), regarding Group Homes. r-, Recommended approval (7 to 0), of an amendment to the Land Development Regulations Appendix A, regarding the definition of ground floor building area. Recommended approval (7 to 0), of a rezoning from PCC (Planned Commerce Center) to RT (Resort Tourism) for Glacier Ice and Snow Arena on a 5.96 acre parcel of land located at the southeast corner of Lake Ida Road and Congress Avenue (north half of the Congress Commerce Centre site). 1. Approved with conditions (6 to 0), a request for site plan extension for Congress Commerce Centre, located at the southeast corner of Congress Avenue and Lake Ida Road. The Board granted an eighteen month extension, which, expires on October 29, 2002. Approved with conditions (6 to 0, Friess absent), a blanket sign program for Aspen Towers, a new strip retail center located on the east side of SE 6th Avenue (northbound Federal Highway), approximately two blocks north of Knowles Park (851 SE 6th Avenue). Approved (6 to 0), a request for site plan extension for Unity School Gymnasium, located at the northwest corner of NW 22nd Street and Swinton Avenue (101 NW 22nd Street). The Board granted a twelve month extension, which, expires on April 15, 2002. Approved with condition (6 to 0), a Class I site plan modification associated with the installation of new awnings and a new roof for 21st Century Exhaust, located on the north side of NE 3rd Street, approximately 100 feet east of NE 3rd Avenue. Approved with conditions (6 to 0), a Class II site plan modification associated with the installation of a temporary modular building for Lang Construction & Maintenance, located on the east side of Congress Avenue approximately 350' north of the southern City limits (former emissions testing site). Approved with conditions (5 to 0, Branning stepped down), a Class II site plan modification associated with fa(~ade and parking improvements for 700 West Atlantic, an existing commercial building located on the south side of West th th Atlantic Avenue between SW 7 and 8 Avenues. Concurrently, the Board granted a waiver reducing the site visibility triangle from 40 feet to 10 feet to accommodate the existing building. City Commission Documentation Appealable Items Meeting of April 3, 2001 Page 3 Approved with conditions (5 to 0, Branning stepped down), a Class II site plan modification associated with the installation of two 1,344 square foot temporary modular buildings for Sherwood Pontiac, located on the west side of South Federal Highway, approximately 600 feet north of Fladell's Way. Vo Approved with conditions (5 to 0, Bodker and Keller absent), a request for a Certificate of Appropriateness associated with the construction of a detached one- car garage, guest room and swimming pool at the rear of the property for the Jones Residence, located at 306 N. Swinton Avenue. Additionally, the following variance and waiver were granted: r, A variance reducing the rear setback from 10 feet to 5 feet for the new detached structure and swimming pool. [] A waiver to allow a reduction in the setback for the pool deck from 5 feet to 2 feet along the north and west property lines. Wo Approved (5 to 0), a request for a Certificate of Appropriateness associated with an addition to the rear of a contributing single family residence located at 511 NE 3rd Avenue. The Board also approved the pre-construction application for the Historic Preservation Tax Abatement program. Xo Approved (5 to 0), a Class III site plan modification, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of a beauty salon to a restaurant and construction of 225 square foot cooler/storage room for Elizabeth's on 7th Avenue, located at the southeast corner of SE 7th Avenue and East Atlantic Avenue. Concurrently, the Board approved an off-site parking agreement on the Northern Trust Bank subject to the condition that the restaurant is restricted from operating between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. Approved (4 to 0, Sexton left the meeting) a request for a Certificate of Appropriateness associated with the installation of new windows for a single family residence located at 10 Lake Court. Zo Approved (4 to 0), a request for a Certificate of Appropriateness associated with the replacement of siding on a single family residence located at 203 NE '1st Avenue. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- APRIL 3, 2001 GULF STREAII BL VI) £.~ CANAL ii. ~ LAKE IDA ROAD r'-' ~ i ~ ....... ~- ..... -I · ~.-. L ...... ; r ...... * r'l ' L ..... .1 .[ · ! I ~ L J ..... N.W 2ND ST. $W. C-I~ CANAL S.P.R.A.B: 1. CONGRESS COMMERCE CENTRE 2. ASPEN TOWERS 3. UNITY SCHOOL 4. 21ST CENTURY EXHAUST 5. LANG CONSTRUCTION & MAINTENANCE 6. 700 WESTATLANTIC 7. SHERWOOD PONTIAC P.&Z.: A. CONGRESS COMMERCE CENTRE V. JONES RESIDENCE W. 511 N.E. 3RD AVENUE X. EUZABETH'S ON 7TH AVENUE Y. 10 LAKE COURT Z. 203 N.E. ISTAVENUE ~,--,--o--,-- CITY LIMITS ONE MILE GRAPH~ SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2000 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'ff4~1 AGENDA ITEM g~'~- REGULAR MEETING OF APRIL 3, 2001 AWARD OF BIDS AND CONTRACTS MARCH 30, 2001 This is before the City Commission to approve the award of the following bid and comract: Bid award in the amount of $93,087.90 to Drilling Services, Inc., for the abandonment of the existing production well and the drilling and development of Drinking Water Well #26 with funding from 442-5178-536-61.82 (Water/Sewer Renewal & Replacement). Recommend approval of the bid and contract award listed above. Ref:Bid.Agmemo.04-03 -01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: SUBJECT: C. Danvers Beatty, P.E.~ Deputy Director of Utilities:/~' ABANDONMENT AND RECONSTRUCTION DRINKING WATER WELL #26 PROJECT NUMBER 2001-02 DATE: March 28, 2001 Attached is an agenda request, location map and tabulation of Bids for the subject project. The firm of Drilling Services, Inc. is the apparent lowest responsive bidder with a total proposal of $93,087.90. This project consist of the abandonment of the existing production well and the drilling & development of a new well in close proximity to the abandoned well. Based on their proposal and satisfactory recommendations from past clients, we are recommending award of the project to Drilling Services, Inc. in the total amount of $93,087.90. Funding will be from 442-5178-536-61.82, well rehabilitation and replacement. Appropriate budget transfers are attached. If acceptable please place this item on the April 3, 2001 meeting for consideration by the City Commission. CDB/cdb Att: 1 CC: Richard C. Hasko, P.E., Director of Environmental Services City Clerks Office ~ESSRVOO2~DEP~4RTMENTS~Eng~dmtn~Projectsi2OOI~2OOI-OO21OFFICIA£~agendaMEMO. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: DATE: SUBJECT: www.delrayesd.com Dan Beatty, P.E. Deputy Director of Public Utilities November 1, 2000 Reconstruction of Drinking Water Well No. 26 Rejection of Bids Project #2001-002 The attached agenda item request commission approval to reject bids received for the subject project. Three bids were received for the project and the lowest responsible bidder was 113% above the budgeted amount(see attached bid tab). After further discussion with the contractors that bid the project as well as our consultant CH2MHILL, we have found that it will be more cost effective to abandon the existing well in lieu of rehabilitation and drill a replacement well within close proximity. We will rebid the project as an abandonment / replacement project. Please place this item on the November 7, 2000 Commission Agenda. Thank you, Enc. cc: Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Manager, Water Treatment Plant City Clerks Office Agenda File C:lTEMF~bidrejectmem. doc $.W N0,26 PDINSETT{A DI~I VE MILF~O ~'I~E£T / $'fl~E]' I LINTON lOTH BOULEVARD CITY of DELRAY BEACH II .~,CONST~OCTiON OF o~N~:n~c E~mONME~AL SER~CES ~EP~NT ~l[ ~A~R ~LLS N0. ~ l~ ~ ~ {~, ~ ~ ~ ~ PROJECT 2001-002 NTS i8oo oo© AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: March 28, 2001 When: April 3, 2001 Description of item (who, what, where, how much): Requesting Commission Award a contract to Drilling Services, Inc. in the amount of $93,087.90 for the Abandonment and Reconstruction of Drinking water well No. 26. Drilling Services, Inc. is the lowest responsive bidder for the project. Funding is available from Renewal and Replacement Account No. 442-5178-536-61.82 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the contract to Drilling Services, Inc. in the amoun~--~f $93,~087.90. ~ Department head sJ. gnature:(.._~~~/)(~ ~~a~ ~/2-~/~), Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available: (Y~.S~NO N.A. Funding alternatives:'---- (if applicable) · Account No. & Description ~/~ ~,~/,"/~0-~4',~(~ Account Balance~ ~ ~F& City Manager Review: '~~'[~~ Approved for agenda: ~/NO~Hold Until: ~ ~' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved %ESSRV002\DEPARTM ENTS\EngAdmin\Projects~001~2001-002\OFFiCIAL\agenda.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~,i~ . REGULAR MEETING OF APRIL 3, 2001 CONTRACT AWARD/MEGAN SOUTH, INC. (WEST ATLANTIC AVENUE BEAUTIFICATION - PHASE 1) MARCH 30, 2001 This is before the City Commission to consider approval of a contract award in the amount of $1,170,187.00 to Megan South, Inc., for the West Atlantic Avenue Beautification - Phase 1. It is on the regular agenda because the recommendation is to award to the second low bidder as the lowest responsive bidder. The low bid came in at $1,136,862.16 from B&A Construction. Individual meetings were conducted with each of the two low bidders to review scope, subcontractors and qualifications for doing this type of work. Staff found that B&A never constructed a beautification project whereas Megan South had successfully completed several. B&A's scope of work generally consisted of landscaping and irrigation subcontracted to a general contractor, whereas Megan South's scope of work was primarily done as a general contractor. Funding is available from 441-5161-536-65.49 (West Atlantic Water Main) for $87,310.75 and $1,082,876.25 from the CRA per the attached agreement with the City. Recommend approval of the contact award to Megan South, Inc., for the total amount of $1,170,187.00. Ref-.Agmemol4 Second Lowest B~d-W Aflanuc Beauuflcation.04-03-01 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Barron E. Caronite, P.E.~__~V Assistant City Engineer "~,~ March 29, 2001 AGENDA REQUEST for 4/02/01 West Atlantic Beautification Project Project No. 98-094 Attached is an Agenda Request for City Commission approval of award of contract to Megan South, Inc for the construction of the West Atlantic Beautification - Phase I The hmits of the work for this phase are from Swinton to NW 6th Ave. Five bids were received for this project The lowest bid was $1,136,862.16 from B & A Construction. The second lowest bid was $1,170,187.00 from Megan South, Inc. The highest bid received was $1,533,641.25 The engineers estimate for the project was $1,127,601 20 A copy of the bid tabulation is attached for your review. Individual meetings were conducted with each of the two Iow bidders to review scope, subcontractors and qualifications for doing th~s type of work. References were checked by phone to verify completed work. Staff found that both contractors appeared to have the scope of work monetarily covered in their b~d; B & A had never constructed a beautification project whereas Megan South had successfully completed several; and B & A's scope of work generally consisted of landscaping and irrigation subcontracted to a general contractor whereas Megan South's scope of work was primarily done as a general contractor. Article 16 (Award of Contract) of the Instructions to Bidders included in the bid documents allows the City to "reserve the right to accept any Bid...which, in the City's judgment will best serve the City's interest" Articles 16.2 - 16 4 go on to say that the C~ty shall consider the qualifications and experience of the bidder and to "conduct such investigations as it deems necessary to assist in the evaluation of any B~d". Based on the above staff recommends City Commission reject the lowest bid and approve an award of construction contract to the second bidder, Megan South, Inc. in the amount of $1,170,187.00. The basis of award is the proven qualification and experience of having constructed similar projects as the West Atlantic Beautification. Megan South is "the most responsible, responsive Bidder whose evaluation indicates that the award will serve the highest public interest and be in the best interest of the City" (Article 16.5, Instructions to Bidders). Funding is available from 441-5161-536-65.49 (West Atlantic Water Main) for $87,310.75; and the remaining $1,082,876.25 from the CRA per the attached proposed agreement with the City. The CRA is receiwng money from two federal grants, the Intramodal Surface Transportation Efficiency Act (ISTE^), and Beautiful Palm Beaches, Inc. CC: Randal Krejcarek, City Engineer Brian Shutt, Assistant City Attorney Richard Hasko, D~rector of Environmental Services File 99-084 (A) s\..\99084\offic~al/agmem040201 Agenda Item No. Request to be placed on: AGENDA REQUEST Date: March 29, 2001 X Regular Agenda Special Agenda Workshop Agenda When: April 2, 2001 Description of item (who, what, where, how much): Request for City Commission to reject the lowest bid received from B&A Construction Services Group and approve an award of construction contract to the second bidder, Megan South, Inc. in the amount of $1,170,187.00 for the West Atlantic Beautificabon Project - Ph I (PN 98-94) Basis of award is the proven qualification and experience of having constructed similar projects as the West Atlantic Beautification. Megan South is "the most responsible, responsive B~dder whose evaluation ~ndicates that the award will serve the highest public interest and be ~n the best ~nterest of the City" (Article 16.5, Instructions to Bidders) Funding is available from 441-5161-536-65.49 (West Atlantic Water Main) for $87,310.75; and the remaining $1,082,876.25 from the CRA per the attached proposed agreement w~th the City The CRA is receiving money from two federal grants, the Intramodal Surface Transportation Efficiency Act (ISTEA), and Beautiful Palm Beaches, Inc. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission reject the lowest bid and approve an award of construction contract to the second bidder, Megan South, Inc. in the amount of $1,170,187.00 for the West Atlantic Beautification Proje~'t'~h//', I (~1~94) ~ Department head signature: {X~~--~:~ ~/ ~Z~ - O, Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable)~ Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable): Account No. & Description ~'~/,,5-/~/~5-34, ~;,5.~/? ~.,/,~,~/,~,'~/~,~' ,~ Account Balance ~!~,(~,. F~- ~ ~q~ ~1~~ ~ ~'~~ ~/~- Ci~ Manager Review: ~ ¢~, ~7~ Approved for agenda: NO ~ ~. o .~/~/~/ Hold Until: ~' b'¢ ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s \ ..~99084~official/agreq040201 WEST ATLANTIC AVE. BEAUTIFICATION - PHASE Project 98-094 Bid Tabulation , ,,,~, ~NO:~,~, ! ~ ? -~,~DE$CRipTiON~,~~ ,~ ~ ~r , .............. 101-1 Moblhzat]on LS 1 25.000 DO 25,000 00 66,000 00 66 000 00 102-1 Maintenance of Traffic (MOT/ LS/DAYS 150 500 00 75,000 00 88 0( 13,200 00 110-1.1 Cleenng and Grubbing ~,C 1 09 2,500 00 2,725 00 12 110 09 13 200 00 110-.4 Pavement Removat SY 1770 10 00 17,700 00 5 50 9,735 00 120-1 Excavation Regular CY 1070 6 50 6,955 00 10 45 11 181 50 120-4 Excavation Subsoil CY 10 20 00 200 00 13 27 132 70 121-70 Flowable Fill CY 570 100 00 57,000 00 88 DO 50,160 DO 125-3 Bedding Matenai CY 10 25 00 250 DO 20 35 203 50 339-1 Miscellaneous Asphalt Pavement (Type S-ll TN 80 110 00 8,800 00 117 70 9,416 00 331-2 Type S-3 Asphaibc Concrete Overlay SY 630 5 DO 3,150 00 12 65 7,969 50 425-1-521 Inlet Cure Type C EA 16 2.000 00 32,000 00 914 10 14,625 60 425-8 Ad)ushn~ Valve Boxes EA 7 150 00 1,050 00 306 90 2.148 30 425-11 Mod~ Ex~s~tng Drainage Structures EA 7 2,500 00 17,500 DO 465 30 3.257 10 430-11-323 Concrete P.pe Culv 15" LF 329 30 00 9,870 00 70 40 23.161 60 430-11-325 Concrete P~pe Culv 18" LF 78 35 DO 2~730 00 81 40 6.349 20 526-1-I Pracast Conc Pavers (Roadway) (Inc~ Bedding Crse) SY 500 55 00 27,500 00 34 10 17.050 00' 526-1-2 Pracast Conc Pavers/S~dewelk) lincl Bedd~nc, I Crse) SY 2725 40 00 109,000 DO 34 10 92.922 501 520-1-10 Concrete Cure and Gutter (Type F) LF 1687 10 50 17,713 50 7 15 12,062 05 520-2-7 Concrete Cure (12" Edger) LF 1128 12 50 14,100 00 6 05 6,824 40 520-2-9 Concrete Cure (6" Edger) LF 2280 9 50 21,660 (30 2 75 6,270 00 570-5 Fertilizer Tablets TN 0 05 285 00 14 25 16.148 00 807 40i 570-11 Water for Plant Estabhshment - 30 Days (8 Watenngs) MG 0 017 100 DO I 70 335,629 40 5,705 70i 580-1 Ahas Peat 3000 Mix or Equal Plant.ng Soft, ~n Place CY 380 22 50 8.550 DO 24 17 9 184 6(; 580-301-2 Staking and Guying EA 105 30 00 3.150 00 8 36 877 8(; 580-332-2 Lar~le Tree & Stump Removal EA 22 400 DO 8.800 00 101 24 2,227 28 581-2-1 Ground Cover (wax lasm~ne - 3 gal I PL 2045 6 50 13,292 50 6 60 13,497 0~ 582-2 Shrubs (Eupherb~a -3 galI PL 1636 4 50 7,362 00 8 80 14,396 8(3 582-3 L~ve Oak linc Root BamerI PL 37 800 00 29,600 00 649 D0 24,013 0(3 581-2-2 Ground Cover (Jasmine M~n~ma - 3 gaf I PL 1990 5 00 9,950 00 5 50 10,945 0(3 584-4 Cuban Royal Palm IRoystones Regla) 6' GW (20' OA) PL 30 500 00 15,000 00 808 86 24,265 80i 584-5 Green Malayan Coconut 8' GW 120' OA) PL 38 500 00 19,000 00 829 33 311514 589-1 One Year landscap~nc~ Ma~ntenanceNVarran~ LS 1 15.000 00 15,000 00 8.088 30 8,088 30 590-70 Imgat~on System (C~t,/Water) Inc Elect Corm from lm~abon LS 1 53.430 00 53,430 00 37.093 78 37.093 639.1-22 Electncal Power Service {Undergraund Hook Up Fee) AS 1 2,500 00 2,500 00 5.500 00 5.500 DO 711-3 Pavement Message "Bus Only" IThermo) EA 3 150 00 450 00 275 00 825 0(3 711-35-51 6" Sohd Stnpe White LF 2260 0 35 791 00 0 61 1,378 6(3 711-35-181 18" Sohd Stnpe w13~te LF 295 1 75 516 25 3 03 893 85 711-35-241 24" Sohd Stnpe White LF 200 2 50 500 00 8 25 1,650 (30 711.36-61 6" Sohd Stnpe Yellow LF 1200 0 40 480 00 0 72 864 00 715-1-111 Conductors (No 10) LF 22500 0 40 9,000 DO 0 31 6,975 DO 715-1-112 Conductors (No 8) L.F 35500 0 50 17,750 DO 0 43 15,265 00 715-I.113 Conductors/No 6) LF 10750 0 60 6,450 00 0 52 5,590 00 715-1.114 Conductors INo 4) LF 25000 0 90 22.500 DO 0 79 19,750 0(3 715-2.111 Condu~t (PVC 40) 13/4") LF 6200 I 25 7.750 DO 1 16 7,192 DO 715-2-112 Condu~t IPVC 40) I1'~) LF 12200 1 50 18.300 DO 1 36 16,592 D0 715-2-113 Condu~t (PVC 40) (1 114") LF 5500 I 60 8.80000 I 66 9.13000 715-7-11 Load Center (Seconda~ Volta~leI EA 1 18,000 00 18.000 DO 15,710 29 15,710 29 715-11-129 Lum~nmra Landscape) EA 38 450 DO 17.100 00 945 54 35,930 52 715-14-12 Pull Box (s~dewalk) EA 22 285 DO 6.270 DO 157 07 3,455 54 715-14-32 24" FPL Hand Hole (Installed) (s~dewalk) EA 2 500 DO 1 ,DO0 00 1214 4 2.428 80 715-411-115 L~ghtmg Pcle Complete (Single) EA 48 3,200 DO 153,600 00 3.593 16 172.471 68 715-412-115 L~C. lhtmg Pole Complete (Double) EA 22 3,600 DO 79,200 00 4.842 79 106,541 38 735-79 Water Main Deflections EA 4 1.000 DO 4,000 00 698 75 2.795 00 A Jack & Bore Conduit LS 1 25,000 DO 25,000 00 18.480 00 18.480 00 1611-140 Ductile iron F~mgs TN 0 65 4.500 00 2,925 DO 3.850 00 2,502 50 1611-146 Pfi~ W/es EA 3 1.000 DO 3,000 00 906 03 2,718 09 1613.140-218 8" D I P Class 52 Water Main LF 731 25 DO 18,275 00 52 80 38,596 80 1619-176-006 1" PE Piping (Includes 2" Casing Pipe) LF 34 40 00 1 360 00 19 80 673 20 1619-176-009 2" pr: Piping (Includes 3" Casing Pipe) LF 50 45 00 2,250 00 31 g0 1,595 00 1631-151-106 1" Coop Stop EA 2 250 DO 500 00 303 60 607 20 1631-151-109 2" Coq3 Stop EA 2 275 00 550 DO 356 40 712 80 1632-151-106 1" Cure Stop ~ 2 250 00 500 DO 172 07 344 14 1632-151-109 2" Cure Stop iEA 2 275 00 550 DO 205 92 411 8a B Electrical Recept~ctes At Trees EA 68 250 DO 17,000 00 189 60 12,892 80 1633-160-506 1" Tapping Saddle EA 2 350 00 700 DO 137 50 275 00 1633-160-509 2" Tapping Saddle EA 2 400 00 800 DO 160 93 321 86 1642-116-18 8" Resdlent Seal Gate Valve EA 4 500 00 2.000 00 2,115 89 8.463 56 1643-121-138 8"x20" Tapp{n!~ Sleeve, Valve & Valve Box !EA 1 2,500 00 2,500 00 2.816 25 2.816 25 1644-114 Hydrant Assembhes EA 2 2,000 00 4 000 00 2,090 00 4,180 00 1645.150-306 1" Conc Meter Box iEA 2 250 DO 500 00 475 20 950 40 1645-150-309 2" Conc Meter Box EA 3 275 DO 825 00 697 40 2,092 20 1648-100-19 Sample Points EA 3 500 00 1,500 00 687 50 2,062 50 1648-100-009 2" Blow Off Assembly EA 2 300 DO 600 00 575 30 1,150 60 1715-112-301 2" PVC Condu~t (1-Way) LF 2540 4 50 11,430 00 2 70 6 858 00 1715-114-301 4" PVC Condu~t (1-Way) LF 480 5 50 2 640 DO 8 13 3 902 40 1715-116-301 6" PVC Conduit (1-Way) LF 160 6 50 1 040 00 10 77 1 723 20 1715-315-302 Conduit (Installed 4') (2-Way) LF 2540 6 75 17 145 00 16 16 41 046 40 1715-316-301 Conduit (Installed 6") (1-Way) LF 160 12 50 2 000 00 12 88 2,060 80 TOTAL 1.127,60t.20 1,136,862.15 Pnnt Date 3/6/01 Page 1/2 WEST ATLANTIC AVE. BEAUTIFICATION - PHASE Project 98-094 Bid Tabulation 101-1 Mobilization CS 1 125 000 00 125,000 00 151,430 58 151,430 58 102-1 Maintenance of Traffic/MOT} LS/DAYS 150 75 00 11,250 00 106 44 15,966 00 110-1-1 Cteann~l and Grubbing ~C 1 09 13,761 47 15,000 00 11,826 44 12,690 82 110-4 Pavement Removal SY 1770 4 00 7,080 00 4 73 8,372 10 120-1 Excava~on Regular CY 1070 10 00 10.700 00 3 55 3,798 50 120-4 Excava~on Subsod 3,Y 10 60 00 600 00 11 83 118 30 121-70 Flowable Fdl ~,Y 570 80 00 45,600 00 106 49 60,699 30 125-3 BeddmcJ Material ~.Y 10 60 00 600 00 59 16 591 60 339-1 M~scellaneous Asphalt Pavement (Type S-1} TN 80 125 00 10,000 00 236 64 18,931 20 331-2 Type S-3 Asphalbc Concrete Overlay SY 630 14 [30 8,820 00 13 13 8,271 90 425-1-521 Inlet Cum Type C EA 16 1,700 {30 27,200 00 1,893 15 30,290 40 425-8 Adjusting Valve Boxes EA 7 375 00 2,625 00 118 32 828 24 425-11 Mod~f7 Ex~s~tng Drainage Structures EA 7 1,500 00 10,500 00 2,366 44 16,565 08 430-11-323 Concrete P~pe Culv 15" LF 329 38 00 12,502 00 35 50 11,679 50 430.11-325 Concrete P~pe Culv 18" LF 78 45 00 3,510 00 39 05 3.045 90 526.1-1 Precast Conc Pavers (Roadway} (Incl Bedding CrseI SY 500 39 (30 19,500 00 38 03 19,015 00 526.1-2 Precast Conc Pavers (S~dewalk) (Inci Bedding Crse} SY 2725 31 00 84,475 00 31 96 87,091 00 520-1-10 Concrete Curb and Gutter (Type F) LF 1687 13 00 21.931 00 9 76 16,465 12 520-2-7 Concrete Curb (12" Edger} LF t 128 11 00 12,408 00 7 99 9,012 72 520.2.9 Concrete Curb (6" Edger) LF 2280 9 50 21,660 00 5 62 12,813 60 570-5 Ferbhzer Tablets TN 0 05 10,000 00 500 (30 473 29 23 66 570-11 Water for Plant Estabhshment - 30 Days (8 WatenngsI MG 0 017 210,000 00 3,570 00 22.2,723 35 3,786 30 580-1 Abas Peat 3000 M~x or Equal Planting Sod, ~n Place ,?.Y 380 15 00 5,700 00 11 83 4,495 40 580-301-2 Staking and Guyln~l EA 105 18 00 1,890 00 17 75 1,863 75 580-332-2 Lar~le Tree & Stump Removal EA 22 300 00 6,600 00 236 64 5,206 08 581-2-1 Ground Cover (wax jasmine - 3 gal } PL 2045 7 00 14 315 00 6 72 13,742 40 582-2 Shrubs IEupherbm -3 gel} PL 1636 6 50 10,634 00 5 92 9.685 12 582-3 L~ve Oak (Inc Root Bamer) PL 37 1,000 00 37,000 00 1,031 77 38.175 49 581-2-2 Ground Cover (Jasmine M~n~ma * 3 ~al } PL 1990 4 0O 7,960 00 3 19 6,348 10 584-4 Cuban Royal Palm (Roystones Re~lla1 6' GW (20' OAI PL 30 800 00 24,000 00 741 88 22,256 40 584-5 Green Malayan Coconut 6' GW (20' OA) PL 38 800 00 30,400 00 836 54 31,768 52 589.1 One Year landscaping MmntenanceNVarrant¥ LS 1 5,000 00 5,000 00 11,832 20 11,832 20 590.70 Irncjat~on System (City Water) Inc Elect Conn from Imgabon LS 1 60,000 00 60,000 00 58,165 01 58,165 01 639-1-22 Electrical Power Serwca (Unde~round Hook Up Fee) ~S 1 2,500 00 2,500 00 2,780 57 2,780 57 711-3 Pavement Message "Bus Only" (Then'no) EA 3 200 00 600 00 195 23 585 69 711-35-51 6" Sohd Stripe White LF 2260 0 65 1,469 00 0 69 1.559 40 711-35-181 18" Solid Stnpe Wnde LF 295 2 40 708 (30 2 48 731 60 711-35-241 24" Sohd Stnpe White LF 200 3 00 600 00 3 25 650 O0 711-36-61 6" Sohd Stnpe Yellow LF 1200 0 65 780 00 0 69 828 00 715-1-111 Conductors (No 10) LF 22500 0 30 6,750 00 0 43 9,675 00 715-1-112 Conductors (No 81 LF 35500 0 37 13,135 00 0 57 20,235 00 715-1-113 Conductors (No 6} LF 10750 0 50 5,375 00 0 66 7,095 00 715-1-114 Conductors (No 4) LF 25000 0 50 12,500 (30 0 83 20,750 (3(: 715-2-111 Condu~t (PVC 40,) (3/4") LF 6200 1 10 6,820 00 2 84 17,608 0C 715-2-112 Condor IPVC 40) I1") LF 12200 I 10 13.420 00 308 37,576 0C 715-2-113 Condu~t (PVC 40) (1 114"} LF 5500 1 15 6.32500 331 18,20500 715-7-11 Load Center (Seconda~ Voltage) EA I 25,000 00 25,000 00 22,333 27 22,333 27 715-11-129 Lumma~re Landscape} EA 38 800 00 30,400 00 1,124 06 42,714 28 715-14-12 Pull Box (s~dewalk} EA 22 400 00 8,800 00 224 81 4,945 82 715-14-32 24" FPL Hand Hole I;lnstalled) {sldewalk) EA 2 1,100 00 2,200 00 2307 28i 4,614 56 715-411-115 Lighting Pole Complete (SingleI EA 48 3.100 00 148,800 00 3,520 08 168.963 84! 715-412-115 Lighting Pole Complete (Double) EA 22 4.500 00 99,000 00 4,673 72 102.821 84 735-79 Water Main Deflections EA 4 750 00 3,000 00 3,549 66 14.198 64 A lack & ~ore Condud LS 1 15,000 00 15,000 00 41.348 99 41,348 99 1611-140 Ductde Iron Fittlnc~s TN 0 65 3,000 00 1,950 00 2.366 44 1,538 19 1611-148 P~g W~es EA 3 1,000 00 3,000 00 828 25 2,484 75 1613.t40-218 8" D I P Class 52 Water Mare LF 731 35 00 25,585 00 41 41 30,270 71 1619.176-006 1" PE PIping Ilnc~udes 2" Casing Pipe} LF 34 100 00 3,400 00 20 11 683 74 1619.176-009 2" PE P~pIn~l (In(dudes 3" Casing PipeI LF 50 125 00 6,250 00 22 48i 1,124 00 1631-151-106 1" Corp Stop EA 2 500 00 1,000 00 147 9C 295 80 1631-151.109 2" Corp Stop EA 2 750 00 1,500 00 207 061 414 12 1632-151-106 1" Curb Stop EA 2 500 00 1,000 00 165 65 331 1632-151-109 2" Curb Stop EA 2 750 00 1,500 00 177 48 354 96 B Electncal Recepbcies At Trees EA 68 320 00 21,760 00 283 97 19,309 96 1633-160-506 1" Tappm~l Saddle EA 2 200 00 400 00 520 62 1,041 24 1633-160-509 2" Tappm~ Saddle ~A 2 300 00 600 00 562 03 1,124 06 1642-116-18 8" Resdlent Seal Gate Valve EA 4 1,800 00 7,200 00 1,003 37 4,013 48 1643-121-138 8"x2.0" Tapp;ng Sleeve, Valve & Valve Box EA 1 8,500 00 8,500 00 9,229 11 9,229 11 1644-114 Hydrant Assembhes EA 2 2,000 00 4,000 00 1,774 531 3 549 66 1645-150-306 1" Conc Meter Box ~A 2 400 00 800 O0 159 73 319 46 1645-150-309 2" Conc Meter Box ~_A 3 500 00 1,500 00: 266 22 798 66 1648-100-19 Sample Points EA 3 400 00 1,200 00 354 97 1,06~ 91 1648-100-.009 2" Blow Off Assembly EA 2 400 00 800 00 414 13 826 26 1715-112-301 2" PVC Conduit I1-Wayl LF 2540 I 50 3,810 00 6 88 17,424 40 1715-114-301 4" PVC Conttu~t (1-WayI LF 480 2 50 1,200 0¢ 10 65 5,112 00 1715-116-301 6" PVC Condud (1-Way) LF 160 35C 560001 1420 2,27200 1715-315.302 Condu~t {Installed 4") (2-Way) LF 2540 4 00' 10,160 00 8 28 21 031 20 1715-316-301 Condu~t (Installed 6"I (1-Way) LF 160 5 00 800 00 14 2d 2,272 00 TOTAL 1,170,187 00 1,382,383 76 Pnnt Date 3/6/01 Page 2/2 WEST ATLANTIC AVE. BEAUTIFICATION - PHASE 1 Project 98.094 Bid Tabulation 101-1 Mobilization LS 1 113 000 00 113 000 00 40,000 DO 40,DO0 102-1 Maintenance of Traffic (MOT) LS/DAYS 150 214 00 32,1D0 00 662 00 99 300 0¢ 110-1-1 Cleann~ and Grubbm(~ AC 1 09 61,000 00 66,490 00 28,000 00 30 520 0C ;110-4 Pavement Removal SY 1770 4 80 8,496 DO 5 60 9 912 00 120-1 Excavation Re~lular CY 1070 9 50 10,165 DO 9 70 10 379 DO 120-4 Excavatmn Subsoil CY 10 19 00 190 DO 29 00 290 00 121-70 Flowable F~II CY 570 76 20 43,434 DO 92 40 52,668 00 125-3 Bedd.n~l Matenal CY 10 22 (30 220 DO 49 DO 490 00 339-1 M~scellaneous Asphalt Pavement (Type S-1) TN 80 150 0(3 12,000 60 ~ 100 00 8,000 00 331-2 Type S-3 Asphaltic Concrete Overlay SY 630 16 50 ~... , 10,395 00 * f,, ' 10 DO ,. 6,300 0C 425-1-521 Inlet Curb Type C EA 16 1,700 DO 27,200 00 2,782 DO 44.512 0C 425-8 Adjustmc~ Valve Boxes EA 7 130 00 910 00 120 DO 840 00 425-11 Model'/Ex~s~tn~l Drainage Structures EA 7 1,675 00 11,725 00 3,797 DO 26,579 0C 430.11-323 Concrete P~pe Culv 15" LF 329 48 00 15,792 00 52 50 17,272 50 430-11-325 Concrete P~pe Culv 18'~ LF 78 ~ 58 00 4~524 DO 54 6£ 4,258 80 525-1.1 Precast.Cpr~c ~lJ~er~ (F:RllR:lwayI (Incl Bedd~n~l CrseI SY ~,500 .~. 42 00 21 87 55 43.775 DO 526-1.2 Precast'C, onc e~v~'s~,d, ew~k] (Incl eed~nc.I Crse) SY ~ ' ~7~5_ 00 109,000~ 66 180 749 25 40 3~ 520-2-7 Concrete Curb ~12" Edifier) LF 1128 9 50 '~10,'~ 0~ ' '~1 50' 24,252 DO 520-2-9 Concrele Curb 16" Eclc, ler) a LF 2280 6 50 14.820 00 10 10 23,028 00 570-5 Fe~hzer Tablets TN 0 05 6,000 DO 300 00 5,110 00 255 50 570-11 Water for Plant Estabhshmant - 30 Days 18 Watenn~ls) MG 0 017 500 DO 8 50 5,DO0 DO · 85 DO 580-1 Abas Peat 3000 M~x or EOrUat Plant~n~l So~l ~n P~ace CY 360 ' 21 50 6 170 00~ 27 78 ,'~ 10.556 40 580-301-2 Stak.ng and Guy, ng ~' ~.~E~'~? 1" 105~ 1800 1,89000 ~' ' 28~3 ?' 2,94000, 580-332-2 Late. la Tree & St~mll~RerT~va~ ~ ~ - ~*~ ~,~A~ ,~./ '~b~5 . 23800 5,23600 ~1~__675(~3 ~' 14,85000 582-2 Shrubs (l~-upherb~a -3 ~1~ ~' PL 1636 9 50 15,542 DO 10 50 17,178 0C 582-3 L~ve Oak (Inc Root Bamert PL 37 1,200 00 44,400 DO 1,051 00 38,887 DO 581-2-2 Ground Cover {Jasmine Minima - 3 ~lal I PL 1990 3 20 6,368 DO 10 ~0 20,895 DO 584-4 Cuban Royal Palm {Royslones Re~lia) 6' GW (20"OAI PL 30 900 00 27.000 DO 945 00 28,350 00 584-5 Green Mala)'an Coconut 6' GW (2.0' OAI [ ~ % PL 38~, '. 900 00 . ~,. ,200 DO 895 00 34,010 DO 590-70 Imgat,on System (C~ty Water) !~ E~ct~o.r~f~n Imgaao~ ~.S a! · ', 1 ' 55.000 DO ~..~t~5~(:~0~ ,-~11 ~,0~0 ~0 66,000 DOi 539-1-22 Electncal Power Service /Under,round Ho~l~Up1~ee) AS ' 1 2,750 DO '~ ' 2~50 00 " ' 3,650 ~3 3.650 00 711-3 Pavement Message "Bus Only" (Thermo) EA 3 200 DO 600 00 190 DO 570 00 711-35-51 6" Sohd Sa3pe W'n~te LF 2260 0 70 1,582 00 0 75 1,695 00 711-35-181 18" Solid Stnpe White LF 295 2 50 737 50 2 40 708 0C 711-35-241 24" Sohd Stnpe White LF 200 3 30 660 00 3 50 700 00 711-36-61 ~" Sohd Stnpe Yellow LF 1200 0 70 840 DO 0 75 900 DO 715-1-111 ,~onductors INo 10) LF 22500 0 30 6,750 DO 0 50 11,250 DO 715-1-112 Conductors INo 8) LF 35500 0 40 14,200 DO 0 50 17,750 00 715.1-113 Conductors INo 6) LF 10750 0 50 5,375 DO 0 75 8,062 50 715.1-114 Conductors (No 41 LF 25000 0 60 15,000 DO 0 90 22,500 00 715-2-111 Condu~t (PVC 40) 13/4') LF 6200 1 40 8.680 00 1 90 11,780 00 715-2-112 'Condu~t (PVC 40) I1") LF 12200 1 50 18,300 DO 2 05 25,010 00 715-2-113 Condu~t/PVC 40) ~1 1/4") LF 5500 1 75 9,625 00 4 DO 22,DO0 00 715-7.11 I Load Center (Secondary Volta~leI EA 1 28,500 DO 28,5DO DO 22,900 DO 22,900 00 715-11-129 Lumma~re Landscape) EA 38 860 DO 32,680 DO 805 DO 30,590 0C 715-14.12 Pull Box (s~dewalkI EA 22 435 DO 9,570 DO 190 DO 4,180 00 715-14-32 'Z4" FPL Hand Hole/Installed) (s~dewalk) EA 2 1,185 DO 2,370 DO 1,900 00 3,800 0~ 715-411-115 L~ht~n~ Pole Complete {Stabile) EA 48 3,400 00 163,200 DO 3,015 00 144,720 DO 715-412-115 L~hbncJ Pole Complete (Double) EA 22 4,950 00 108,900 DO 4,160 00 91,520 DO 735-79 ~ater Mare Deflections EA 4 2,300 00 9.200 DO 995 00 3,980 A Jack & Bore Condu~t LS 1 42,000 00 42,DO0 0O 5 74(3 (30 5,740 00~ 1611-140 Ductile Iron Rttln~ls TN 0 65 7,300 DO 4,745 00 4 900 DO 3,185 001 1611-148 P~ V~es EA 3 1,275 DO 3,825 00 664 DO 1,992 0C 1613-140-218 ~" D I P Class 52 Water Mare LF 731 40 DO 29,240 DO 39 30 28,728 30 1619-176-006 1" PE P~p~n~ Itncludes 2" Casmc~ P~pe) LF 34 13 DO 442 00 43 DO 1,462 0C 1619-176-009 2" PE P~p~n~l (Includes 3" Casm~ P~pe) LF 50 15 DO 750 DO 45 00 2,250 0C 1631-151-106 1" Corp Stop EA 2 100 00 200 00 140 00 280 0~ 1631-151-109 2"Corp Stop EA 2 154 DO 308 DO 177 00 354 DO 1632.151-106 1" Cum Stop EA 2 83 DO 156 DO 114 DO 228 00 1632.151-109 2" Curb Stop EA 2 138 00 276 DO 153 00 306 00 B Electncal Receptacles At Trees EA 68 360 00 24,480 DO 192 00 13,056 0~ 1633-160-506 1" Tappm~l Saddle EA 2 425 00 850 00 270 00 540 00 1633-160-509 2" Tapp~n~l Saddle EA 2 237 00 474 00 300 00 600 00 1642-116-18 B" Reslhant Seal Gate Valve EA 4 811 00 3.244 O0 965 00 3.860 00 1643-121.138 9"x20" Ta~3pm~ Sleeve, Valve & Valve Box EA 1 7,250 00 7,250 00 2,956 DO 2,956 0(3 1644-114 Hydrant Assembhes EA 2 2,650 00 5,300 00 2,524 DO 5 048 DO 1645-150-306 1" Conc Meter Box EA 2 235 DO 470 00 370 DO 740 0{3 1645-150-309 2" Conc Meter Box EA 3 265 DO 795 00 370 00 1 110 0(3 1648-100-19 Sample Points EA 3 37500 1,12500 11000 33000 1648-100-009 2" Blow Off Assembly FA, 2 860 0( 1 720 DO 800 00 I 600 DO 1715-112-301 2" PVC Condu~t (1-Way) LF 2540 4 20 10,666 DO 16 40 41 656 01 1715-114-301 4" PVC Condu~t (1-WayI LF 480 9 90 4 752 DO 17 00 8,160 00 1715-116-301 5" PVC Condu~t (1.WayI LF 160 11 20 I 792 DO 37 O0 5 920 0(3 1715-315-302 C, ondu~t (Installed 4") (2-Way/ LF 2540 13 90 35 306 00 20 80 52 632 01 1715.316-301 Conduff llnstalled 6") (1-Way) LF 160 11 20 1.792 00 24 DO 3,~40 0C TOTAl. 1,374,630.$0 1,533,641 25 Pnnt Date 3/6./01 Page 3/2 WEST ATLANTIC AVE. BEAUTIFICATION o PHASE t Project 98-094 Bid Tabulation 101-1 M0blllza~On LS t , 121~r0o0 00 125~DO0 0¢ 102-1 Mmntenar~e of Traffic (MOT), LS/DAYS t 60 75 00 11 ~250 110-1-1 Cleanng and Gmbb~ng AC 1 09 13,761 47 15,000 00 110-4 Pavemenl Removal SY 1770 4 DO 7,080 DO 120-1 Excavation Regular CY 1070 10 00 10,7DO DO 120-4 Excavabon Subsoil CY 10 60 DO 600 00 121-70 Flowable Fill CY 570 DO DO 45,600 DO 125-3 Bedding Material CY 10 60 D0 600 DO 339-1 M~scallaneoue Asphell Pavement (TTpe S-1) TN 80 125 DO 10,0DO DO 331-2 T~eS-3.Alphelt~rC~, Ove~ , , , SY ,, 830 t400 8,82000 425-1-521 Inlet Curb Type C EA 16 ' '1,7DO DO ' 425-8 Adjusting Valve Boxes EA 7 375 DO 2,625 00 425-11 Mnd~f7 Existing Drmcage Structures EA 7 1,5DO 0O 10,500 0O 430-11-323Concrete Pipe Culv 15" LF 329 38 DO 12,502 DO 430-11-325Concrete Pipe Culv 18" LF 78 45 DO 3,510 DO 526-1-1 Preca$t Conc Pavers (Rcadw~) (led Bedding CrseI SY 500 39 DO 19,500 DO 526-I-2 Precast Conc Pavers (S~dewaik) (Inci Bedding Crse) SY 2725 31 DO 84,475 DO 520-1-10 Concrete Curb and Gutter (Type F) LF 1687 13 DO 21,931 00 520-2-7 Concrete Curb (12" Edger) LF 1128 11 00 12,408 DO 520-2-9 Concrete Curb (6" Edger) LF 2280 9 50 21,660 DO 570-5 Fertilizer Tablets TN 0 05 10,DO0 DO 500 DO 570-11 Water for Plant Eetabhehment - 30 Da'/e (8 Wetennge) MG 0 017 210,DO0 DO 3~570 DO 580-1 Aims Peat 3000 M~x or Equal Plantng Sml~ m Place CY ~80 15 DO 5,7DO DO 580-301-2 Staking and Gu)'~ng EA 105 18 DO 1,890 DO 580-332-2 i Large Tree & Stump Removal EA 22 300 DO 6,600 DO 581-2-1 I Gro~nd Cover (wax ]aen'~ne - 3 gal I Pt. 2045 7 00 14,315 DO 582-2 IShmbe (Eupherbrs -3 galI PL 1636 6 50 10,634 DO 582-3 .we Oak (Inc Root BomerI Pt. 37 1,000 DO 37,DO0 DO 581-2-2 :)round Cover (Jeanne M~mma - 3 gal I PL 1990 4 DO 7,DO0 DO 584-4 .3uban Ro),al Palm IRo¥etonee Regla) 6' GW (20" OAI PL 30 800 00 24, DO0 00 5~4-5 :)men Malayan Coconut 6' GW (20' OA) PL 38 800 00 30,400 00 589-1 :)ne Year land$capng Mmntenenca/Werranb/ LS 1 5,DO0 DO 5, DO0 DO 590-70 Imgeton S¥atem (C~ Water} Inc Elect Conn from Imgetmr LS 1 60,000 00 639-1-22 Electrical Power Service (Underground Hook Up Fee) AS 1 2,500 00 2,500 00 711-3 Pavement Message "Bus Onb/" (Thermo} EA 3 200 00 600 DO 711-35-51 .~" Sol~d Stripe White LF 2260 0 65 1,469 DO 711-35-18118" So#d Stripe W'n~te LF 295 2 40 708 00 711-35-241Z4" Solid Stripe Whde LF 200 3 00 6DO DO 711-3661 .~" Sol~d Stripe Yellow LF 1200 0 65 780 DO 715-1-111 3onductors (No 10) LF 22500 030 6,75000 715-1-112 .';onductors (No 8) LF 35500 0 37 13,135 DO 715-1-113 =onductors (No 6) LF 10750 050 5,37500 715-1-114 ,'~onductors (No 4) LF 25000 0 50 12,500 DO 715-2-111 .';ondu~t (PVC 40) (3/4"I LF 6200 1 10 6,820 DO 715-2-112 .3ondu~t (PVC 401 (1") LF 12200 1 10 13,420 DO 715-2-113 3ondu~t (PVC 40) (1 1/4"I LF 5500 1 15 6,32500 715-7-11 Load Center (Secondary Voltage) EA 1 25,000 DO 25,000 DO 71 5-11-129 Lummmm Landscape) EA 38 800 DO 30,400 DO 715-14-12 Pull Box (e~dewaik) EA 22 400 00 8,800 715-14-32 24" FPL Hand Hole (Inetelled;I (eldevmlk) F-.A 2 1,100 DO 2,200 00 715-411-115 L~ght ng Pole Comptete (S~ngle) EA 48 3,10000 148,80000 715-412-115 ~ght ng Pole Complete (Double) EA 22 4,50000 99,00000 735-79 /Vater Main De~mctions EA 4 750,00 3~0O0,DO A Jack & Bore Condu~t LS 1 15,000 DO 15,000 DO t811-t40 DuCtil· Iron Fittings TN, 0.65 3~0O0 0O 1,950 00 1011-148, ~'lg~$ ..... EA , , 3 , ,, ~0O0,00 , , ', 3~0O00O 1813.140-218 S" D.I.P. Ctl~$ 52 Water Main LF 731 35 oo 251585 DO 1619-176-0O6 1 ' PE P~ (includes 2" Calin~ P~pe), LF ,, , 34 10000 3,40000 1019-176-009 ~" PE P~pir, g (~ncludea 3' Caring Pipe) LF 50 125 00 6,250 DO 103~.~51-1,o~, !"corpstop FA ,2, , .~oo.0o 1,0oo.oo 1631-151-109 Z' Corp Stop EA 2 75000 1~500 00 lt132-151-106 1" Curb Stop EA 2 50O,00 1,0O0 DO t632-151-109 ~"CurbStop ' EA I 2 75000 1,50000 B Electncal Recaptcles At Trees EA 68 320 00 21,760 00 t633-160-506 1" Tapping Saddle EA 2 200.00 40000 1633-160-509, ~" Tapping Saddle FA, 2 30O.00 600,00 1642.116-18~" Ree~lient Seal Gate Vatve FA 4 !~800.0O 7.20000 1643.121-138 $b(20" Tapping Sleeve~ Valve & Valve Box , FA 1 8.500 O0 8,500 00 1644- i i4 H),:imnt As~emtfliel FA 2 210o0 DO 4r000 00 1645-150,306 1'Conc. Met~Box , , FA 2 40000 ~s49-~0o-1~, sam~e Poi~ ....... E~ 3 4ooDo 1,2oo oo 1648-1004309 2" Blow Off Assembl~ EA 2 400 DO 800 DO 1715-112-301 2"PVCCondurlll.Wa~) LF 2540 t 50 3,81000 1715-114-301 4" PVC Condurl (1-Way) .F 480 2 50 1,200 00 1715-116-301 ~" PVCCondmt (1*Way) .F 160 3 50 560 00 1715-315-302 ~ondmt ~lnetalled 4") (2-Way) ;LF 2540 4 DO 10,160 0o 1715-316-301 Conduit Ilnatailed 6") Il-Way) ..F 160 5 DO 800 DO TOTAL 1,1701187 00 subtotal of water man cost 78,205 DO percentage of nloblllzatlon and mot subtotal $1:36,250 00 times 6 68% $ 9,105 75 water main total ~ Pnnt Date 3~28/0t Page 1/2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CONSTRUCTION OF IMPROVEMENTS TO WEST ATLANTIC AVENUE THIS AGREEMENT is made and entered into this ,~'~ day of ~ ' , 1999 by and between the CITY~ OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY", and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA". WITNESSETH: WHEREAS, CRA has been awarded funding under two grants pursuant to the Intermodal Surface Transportation Efficiency Act (ISTEA), a program of the U.S. Department of Transportation, for improvements to be made to the 100 - 500 blocks of West Atlantic Avenue; and WHEREAS, CRA has issued $4.1 million in bonds to fund, among other things, the improvements at the present time, with reimbursement pursuant to the IS.TEA program to occur in three to five years; and WHEREAS, the improvements contemplated under the ISTEA grants include installing brick sidewalks and crosswalks, landscaping, irrigation, underground electric utilities, and providing streetlights and pedestrian signalization; and WHEREAS, CRA has been additionally awarded two grants from Keep Palm Beach County Beautiful, Inc. for landscaping improvements to be made to certain blocks of West Atlantic Avenue; and WHEREAS, the CITY has been certified to supervise and coordinate the design and construction of improvements pursuant to the ISTEA program; and WHEREAS, the Florida Department of Transportation (FDOT) requires that the CITY enter into a Joint Participation Agreement and a Local Agency Program Agreement in order for funding to be transferred for an ISTEA project. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. Funding for ISTEA Prqiect. The CRA shall provide funding, in no event to exceed the amounts set forth in Exhibit "A" attached hereto and fully incorporated herein, for the design and construction of the ISTEA improvements to be made to the 100-500 Blocks of West Atlantic Avenue (See map attached as Exhibit "B" for location). CRA shall be reimbursed by the FDOT for its expenditures pursuant to the regular FDOT schedule. The CITY shall not be responsible for any funding under the ISTEA project. 3. Funding for Keep Palm Beach County Beautiful Project. The CRA shall provide funding, in no event to exceed the amounts set forth in Exhibit "A" atttached hereto and fully incorporated herein, for the design and installation of landscaping and irrigation pursuant to the grants from Keep Palm Beach County Beautiful for the 200-900 Blocks of West Atlantic Avenue (See map attached as Exhibit "B" for location). The CITY shall not be responsible for any funding under the Keep Palm Beach County Beautiful project. 4. CITY's obligations to enter into Agreements with FDOT. The CITY shall enter into a Joint Participation Agreement and a Local Agency Program Agreement with the FDOT with regard to the ISTEA improvements to be conducted on the 100 - 500 blocks of West Atlantic Avenue. 5. CITY's obligations under ISTEA project. The CITY shall direct and supervise the design and construction of the ISTEA improvements to be made to the 100-500 Blocks of West Atlantic Avenue. This design and construction may be subject to the advice and consultation of CRA. However, if any disputes arise regarding design or construction, the CITY shall make the final determination with regard to the design and construction appropriate in any given case. 6. CITY's obligations under the Keep Palm Beach County Beautiful Project. The CITY shall direct and supervise the design and installation of the Keep Palm Beach County Beautiful improvements to be made to the 200-900 Blocks of West Atlantic Avenue. This design and construction may be subject to the advice and consultation of CRA. However, if any disputes arise regarding design or installation, the CITY shall make the final determination with regard to the design and installation appropriate in any given case. The CITY shall be responsible for maintaining the plantings. However, the CITY shall have the sole right to determine the specifics of such maintenance. 7. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof of this contract shall have no effect upon the validity of any other part or portion hereof. 8. Venue. To the extent allowed by law, the venue for any action arising from this contract shall be in Palm Beach County, Florida. 9. Governing laws. This contract shall be governed by and in accordance with the laws of the State of Florida. 10. Assignment. Neither the CITY, nor the CRA, shall assign, convey or transfer any rights or interest in this Agreement without the written consent of the other. 3 11. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to th6 benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 12. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 13. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 14. 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. ATTEST: Ap~ve~k~ to~ Form: . City~A~o]~ey CITY OF By: 4 DELRAY BEACH, FLORIDA 5a~Alge~in, ffl'~yor / ./ ATTEST: Print Name: AGENCY (SEAL) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~__~ day of September, 1999 by C"'/-/-~/~/-'~/-/e~:~ ~-/. ~_o~ , who is personally known to me er '.vb.e h~s as identification. Signature of Notary e of Florida cra istea interlocal.agt DIANE G HERVEY COM,~41SSION # CC 691564 EXPIRES NOV 28 2001 8ONDED AT~NTIC BONDING CO, EXHIBIT "A" illlllllll I I~ II II II_L._L_I_L~I::~ I--Il I Il ii i~l il I~ ii--Ii IllJ'llll"ll~l I I I I I I III IIII II==l I~------11 I I~! I I II I I 1.,!,1 I I I.~ IT1TIlI?-IIIIIIIIIII "" I i=IIIIII'I'ilIII~IIIIIIIIIIIIFI-FI 3 ri H 3 A V ,~ N 0 J. N I/6 S · r,r[rrl-] I i i i i i i,ii i~ pi ffl-lirlTll i II IIIIIIIIII ITl-Il LIiIIIIIIIi EXHIBIT "B" MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITF/~ # ~ - REGULAR MEETING OF A~RIL 3, 2001 REQUEST TO PARTICIPATE IN AMERICORPS FLORIDA READS! PAX/qBEACH COUNTY DATE: MARCH 30, 2001 We have received a request from the Education Foundation of Palm Beach County, Inc., to participate in AmeriCorps Florida Reads! Palm Beach County "FOOD DRIVE". This program provides tutorial services to students who are considered "at risk" due to iow performance in basic literacy in Palm Beach County Schools including Orchard View Elementary School. As part of the program Orchard View will encourage students, parents and faculty to participate by sponsoring a "food drive" in their school. They will collect canned goods, non-perishables and paper products during the week of April 23rd though April 27, 2001. At the end of the week each class will have their food boxes weighted. The class that has the highest score (pounds) will win a pizza party. The food will be donated to a local food bank in Delray Beach. The City is being asked to donate $.50 for every pound of food collected and this money will be returned to Orchard View earmarked for the purchase of books and literacy materials only. Recommend consideration of the request from the Education Foundation of Palm Beach County, Inc. to participate in the AmeriCorps Florida Reads! Palm Beach County "FOOD DRIVE" by donating $.50 for every pound of food collected during the week of April 23rd thorough April 27, 2001 at Orchard View Elementary School. We expect a representative of the applicant will be present. Perhaps she will be able to estimate how much this might cost us. It could easily be several thousand dollars. Our contingency funds for this type request are exhausted. If the Commission chooses to participate this year, we will have to identify a funding source as part of the mid-year budget adjustment. Ref:AGMEMO10.FOOD DRIVE4-3-01 III III I~OM, ~~ I ha~e nttach~l some inf~ regazding :tn up~0ming event. Would you please present thi~ ~luest at your next Cit~ Council meetir~ If yoa have any questions, please don't hesitate to call me. l~illbehnpl~tOaX-.~,ernn~questions. Thnnk~oul EDUCATION FOUNDATION of Palm Beach County, Inc. 3304 Foa~ Hill reed, Su~ Cli0 Were Pubn lk8~ ItL, 3M06 Pil0me: ~61-3~7-7659 $ Fix: ~61,434,.96S1 ~w.~.kl2.fl.m/founda6on NKWS RELEASE CONTACT AM~tlCORPS FLORIDA READS! PROGRAM PROVIDES LITERAC~ TUTORIAL PROGRAM TO OVER 120 PlJC STUDENTS WEST PALM BEACH, Jmnmy 22 - Ploridt Rcsds is m initi~vc of AmaiCon2s, which wes stsrtod by former President Bin Clinton to be · modem-day "Pe~.' Its mi_qion is to help childrea read well, indepeadeatly, and at grade level by the end of the third srudc. To acemnplish its ~ Florida ll_,~ provides iutori~ serdces on s ~ bssis to smdcnm who m'c coMidc~ to be "m-risk" due to low perform~noe in basic ~ Members. to hnplemaxt in-school end aflu'--school reading remiiness pro~__ms for over 120 Palm Bemdt Carny smdenm in pudes K - 3 who read si letst Gee grade level below their Currently, rite progrsm uses tea tutors who provide services to studenls 8~ ~he following sites: Wes~ Riviera Elementary, Wes~ C_mle Elememary, ~ Elemenm% Orchrd View Eianem~, Belle Ohde Elanentmy, nd thc CARES Comm:m~y Cen~ in Oreenacres. Florida ReMs! Pslm Beach County is funded through thc F_Auc, ation Found~on of Palm Beach County, Volunteor Florid~ ~ Florida Commission on Community Service, the Community Foundation for The Eduaaiion Foundation ~Palm Beach Cmmty is a non-profit, SOl(cX3) o _l~.i-stion dedicaeed to promotin~ effective educmi~ prmioes throufh pubtic-l~ivute ptrtncrq, hi.ns, 561-966=6378. ~ JJ~ ff JJJa fl ff Id if Jd f__~df f__f JJ ImBouD ~ OIP THB ~G KIIqICATIOiqAL ~ ~f~t. ICOR~ FLOIt. IDA RF_.ADS! PAI~ BF.~CH COUNT'g A~ art ~ officio! for the City of Otemact~, I undemmt& the importance of ~ b~t to the eommuni~/and ~ the ~uplx~ of bu~e~, ~emment and im dt~J~s in an effort to rapport ~lun~. I ~tncerely ho~e lmu will be part of our effom. I ~11 be happy to ateend a Cotmcil meeting a~d preaent this requeat and anmrer Tm L ~d~ LB ~d ~SV3~I ~d 8LEggg6'~g~'[ PP :Z;'I; NATIONAL VOLUNTLILI~ SLI~V~CE WEEK M 23-27, 2M)z Yes, say ~ from schools In every region and all grade levels. Sen4c~- - ~engthen the ~p ~ your sch~ and your community, and meet communtW needs; we~ Sl~lents u~ tl~ Information to oq;ieniaa a food drive and chart the rasult~ . Health: AS part of a ur~t on nutrit~, a~,~l: the cafaMria in I:N'eparlng a meat; asai~ ~ a r, ha~ or food bank. Send home ~ alxx.Jt the event to ~ families to lalk about how tf. tey can help in the ~ and to Ix'alnslxx'm for oUler IxoJect ~ with tl~etr ~Nldren. III i~ROI~ Ted Whnlen, Ptogt~ Director ~ 561-96~378 Cell: 561-3150099 F, maih twhalen~ci~.tl.us Moa~ ~ & C~ Co, mat. /'/t~b/First, let me tntm&u:e ray. If. My name is Teri Whnlen and I am the Program Director for An~lCorps Florkln Re~l~? Pslm Beach County. FIo~dn Rea&! provlde~ tunminl services to students who are considered 'at-risk' due to low pedotmanm in basic literacy skills. Our ~ currently aetMces the followin~ elementary schools: Belle (}lade, ~ Orchard View, West Gate, and W~st Riviera. Aa part of out pro. am objectives, we ate tequtted to sponsor a volunteer service amvity durin~ the month of AIn41 to encourage volunmerism throughout the community. Out Florida Readal program k sixmsottn~ a "food &i~' at all of our school sites. Orchard View Elemenury School will encourage students, panmts and faculty to participate by sendtnf riven home with students. The school will also select the shelter or food bank tn Dekay Bead~ to be the tedpient of the food collected. Our tnembeu arc conuctlng the business community in an effort to secure: - a plus party for the clam that collects the most pounds of food~ - boxes for food collection; . transportation of the food to slicker or food bank We arc asking the City Council of Dehay Bcach to pamctpate in fort by providinf $.gO for euery pound of food colkcxed a~ Orchsgd View Elemenm¥. This money will [se returned m ~ community school by earmarking it for the pur~ of books sad II~,ntcy matmtals onb. AWARDS: wee~ olr Apdl 2.~:~7, 200~L C~munity psrtners will dormt~ (to t~r ~ school site) $.50 (50~) ~ every pound of food c~#ec~ ($ Is e~d far books ar~Vor 1fl3eracy ~. [IT¥ OF I)ELR;I¥ BER[H DELRAY BEACH AII-AnwdcaCity 1993 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 MEMORANDUM TO: FROM: ~ SUBJECT: David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Agenda Item #9- ~° City Commission Meeting April 3, 2001 Approval Special Event - Cinco De Mayo Fiesta 561/243-7000 DATE: March 28, 2001 ACTION City Commission is requested to endorse the Cinco De Mayo Fiesta to be held on Saturday, May 5, 2001, from 11:00 a.m. - 10:00 p.m. at Old School Square to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of NE 1st Avenue from the alley north of Atlantic to the CRA lot entrance south of NE 1st Street, to authorize use and set-up and take-down of the large City stage, to authorize staff support for security and to waive City costs. BACKGROUND Attached is a request received from Janie Rameriz, Chairperson of the Fiesta. Cinco De Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held on the Old School Square site, and they are requesting partial closure of NE 1st Street. The committee will be responsible for clean-up, liability insurance, event management, port-a-lets and barricade set up. City staff can set-up and take-down the stage during regular hours. Police security will be provided at the overtime rate. The estimated cost for Police security is about $1,900. This event was held last year, overtime costs were about $1,000. Attached is a copy of the event budget. Last years attendance was approximately 1,000 and there were not enough port-a-lets provided. Prlnted o~ Recy=lecl P~oer THE EFFORT ALWAYS MATTERS Cinco De Mayo Fiesta March 28, 2001 Page #2 RECOMMENDATION Staff recommends endorsement of the event, authorization of stage use including set-up and take down, providing Police security at the overtime rate, and waiver of the security costs. Conditional on the receipt of the required liability insurance and hold harmless agreement, as well as, the event sponsor providing additional port-a-lets. RAB:tas File:u:sweeney/event Doc:cinco de mayo 2001 February 7, 2001 ~ECE~V£ IFy MAN.., LA PALOMA NEIGHBORHOOD ASSOCIATION 1114 S.W. 8TM AVENUE DELRAY BEACH, FL 33444 Jose and Janie Ramirez, Presidents Mr. Robert A. Barcinski, Assistant City manager City of Delray Beach 100 N.VV. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST - CINCO DE MAYO FESTIVAL Dear Mr. Barcinski: This is a request from the Cinco De Mayo Committee, in collaboration with the Joint Venture, for City Commission to endorse this special event to be held on Saturday, May 5, 2001 from 11:00 a.m. to 10:00 p.m., on the grounds of Old School Square, located at 51 N. Swinton Avenue We are requesting that the City provide staff support for this event by arranging for a large covered stage and police security. City support of this event, with no charge to the Cinco De Mayo Committee is crucial to the success for this event. Your consideration and approval for this request is very much appreciated. Sincerely,/y , JANIE RAMIREZ Chairman /sk (Janie Ramirez, Chairman, Cinco De Mayo - Phone: 276-3396) March 8, 2001 LA PALOMA NEIGHBORHOOD ASSOCIATION 1114 S.W.8th AVENUE DELRAY BEACH, FL 33444 Jose and Janie Ramirez, Presidents Mr. Robert A. Barcinski City of Delray Beach 100 N.W. 1~t Avenue Delray Beach, FL 33444 Re: ADDITIONAL INFORMATION - AGENDA ITEM - CINCO DE MAYO FESTIVAL Dear Mr. Barc~nski: In response to your letter of information that you requested. 1. February 27th (see attached) we are supplying the additional Northeast 1't Avenue will be closed from the alley north of Atlantic Avenue to the alley South of 1st Street. 2. The Cinco DeMayo Committee will pay for the portable toilets and an adequate number have been ordered. 3. Regarding power needs, we are requesting that the City provide the additional power box at Old School Square to be setup on Friday, May 4th. 4. We are requesting the City provide event-parking signage similar to last year. 5. The Committee will be responsible for site clean up. The City will provide trash removal. We are requesting garbage boxes and liners from the City. 6. The Cinco DeMayo Committee is going to handle general event management, entertainment booking and vendor approval with the Joint Venture input 7. We are enclosing an event budget indicating revenues and expenses by categ0i'y. -"' We hope the above information will be helpful. Thank you for all your consideration and help regarding th~s agenda item. S!ncerely, ~ Janie Ram~rez, Chairman Encl /sk Z Z tooo 0~- ~--00 £1T¥13ELI:II:I¥ BEI:I£H DELRAY BEACH 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 993 TO: David T. Harden City Manager FROM: /~obert A. Barcinski Assistant City Manager DATE: SUBJECT: March 28, 2001 AGENDA ITEM~,/~),CITY COMMISSION MEETING APRIL 3, 2001 SPECIAL EVENT APPROVAL - THE LEUKEMIA AND LYMPHOMA SOCIETY LIGHT THE NIGHT WALK ,4 CTION City Commission is requested to consider approval of the Leukemia and Lymphoma Society Annual 2K Walk to be held on September 20, 2001 from approximately 5:00 p.m. to 9:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of the sidewalks along Ocean Boulevard (A-l-A) and Anchor Park including reserving all parking spaces for the event and to authorize police assistance for traffic control. They are also requesting the use of Sandoway Park for overflow parking and requesting that overtime be waived. B,4 CK GR 0 UND Per the attached request, the Leukemia and Lymphoma Society would like to hold their 2K Walk fund-raiser in Delray Beach. They would like to start and finish at Anchor Park and will utilize the sidewalks along Ocean Boulevard (A-l-A). We will not have to barricade A-1-A or detour traffic. Police staff will need to provide traffic control assistance and assist in crossing A-1-A. The estimated overtime costs for this event is approximately $250.00. This event was held last September and overtime costs were approximately $85.00. Commission should consider that this is a nighttime event and both parking lots would have to be opened until at least 10:00 p.m. An option to utilizing Sandoway Park would be Ingraham Parking lot. RECOMMEND,4 TION Staff recommends approval of the event, the temporary use permit, use of Anchor Park for set up and parking on the condition that an insurance certificate and hold harmless agreement are provided. Staff also recommends that the sponsor pay staff overtime and that theIngraham lot be used for overflow parking with a closing time of 10:00 p.m. for both Anchor and Ingraham lots. RAB/tas File. u. sweeney/agenda Doc'leukemia lymphoma 2k walk 2001 561/243-7000 Printed on Recycled Paper THE EFFORT ALWAYS MATTERS r Palm Beach Area Chapter 5840 Corporate Way, Suite 102 West Palm Beach, FL 33407 Tel' 561 478 8550 Fax' 561 478 8554 ~ ~ wwwleukem~a-lymphomaorg ~'0 }l~' '~' ~. [~,~lO'~ December 21, 2000 Mr. Robert Barzinski City Of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 The Leukemia & Lymphoma Society FtghtJng Blood-I~elated Cancers RECEIVED DEC 2 7 2000 CITY MANAGER Dear Mr. Barzinski: I wanted to take a moment to thank you again for the opportunity to hold the Light the Night® Walk at Anchor Park on September 21, 2000. It was a huge success raising over $30,000 for the Society's programs. I am writing to you regarding our planning for the 2001 Walk in Delray Beach. The event is planned for September 20, 2001. We are once again requesting the use of Anchor Park. The Light the Night ® Walk is a nationwide evening walk. Walkers carry illuminated balloons to commemorate the lives touched by cancer. Funds raised will support our mission to cure leukemia, lymphoma, Hodgkin's disease and myeloma--and to improve the quality of life of patients and their families. We believe that the area from Anchor Park to the other end of the beach would be a perfect location for this event. Participants are expected at the site from approximately 5pm to 9pm. We are anticipating 300-500 walkers. Please let me know what the necessary paperwork. Any information regarding the process for securing this site will be ~r~atly appreciated. I can be reache/cl~t 888-478-8550. I look forward to headng from you. Campaign Director Fzght~ng Leukemm, Lymphoma, Hodgk~n's Dtsease and Myeloma Formerly Leukemta Soctety of America Ught The Night Budget.xls - ii iaht The Ni~lht Walk - !1 'BUDGET BI I t De!raY ' Gross Par~ipant Revenue; 550 Numl3er of l#rtlcipants ~._. ~ per Person $60.---T~ Average m~, _ Gross Plli(~ipant Revenue $33,00_0_ ~G~-,_~ ~ Revenue: $1,000 Banner Se_mr~ T ., Spon~or4hll I ' - Total G~ Other Revenue $3,00~0 L~w brac TOTAL~R 35S LTN R~VEF lull ' Direct Belllflt venu. II SI,20o rood il Dlcoratlel# $550 Other II $9oq - Total Dl~u-'t.Benefit Expense $7,30_0_ DDB% ilTOtal Gross Revenue 20,28% Net LTllRevenu? $21,i00 Net LlllRevenue Margin 7t.72% Non- DDII~xl Travel !1 $2oo Supplies II $450 Printing II $2,000 Postage il $750 Meetings II Professio~l Fees $3,501~ Other iii 'rof~ ~ No~. Grin Expen.e Net LTIIIncome $221'100 Net LTIIIncome % of Gross Rev:e~U~*- 52.92% Page 1 [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH Ali.America City 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 56]/278-4755 Writer's Direct L~ne 561/243-7091 March 23, 2001 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Resolution 31-01 (Acquisition of McElroy Property) Resolution No. 31-01 authorizes the City to purchase certain property located between the Woods of Southridge Subdivision and S.W. 4th Avenue from Melanie & Gregory McElroy for the purchase price of $21,650. The purpose of the acquisition is to provide public right-of-way. Incorporated within the resolution are the terms and conditions of the contract for sale and purchase. The contract provides for the closing to occur by May 22, 2001. The City will pay all of the expenses of the closing, except for documentary stamps and prorations. Please place this item on the April 3, 2001 City Commission agenda for approval. Please call if you have any questions. Attachments cc: Randal Krejcarek, City Engineer RESOLUTION NO. 31-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT 5, BLOCK 7, SOUTHRIDGE SUBDIVISION LOCATED BETWEEN THE WOODS OF SOUTHRIDGE SUBDIVISION AND S.W. 4TH AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN MELANIE & GREGORY MCELROY AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire Lot 5, Block 7, Southridge Subdivision located between the Woods of Southridge Subdivision and S.W. 4th Avenue, for right-of- way purposes; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. 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 Delray Beach, Florida, as Buyer, hereby agrees to purchase from Melanie & Gregory McElroy, as Sellers, land for right-of-way purposes, for the purchase price of twenty one thousand six hundred and fifty dollars ($21,650.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lot 5, Block 7, Southridge Subdivision, according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida, in plat book 13, pages 38 & 39. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the ~ day of ,2001. ATTEST: MAYOR City Clerk * ~ DATE:2/9/200 ~jj J $OUTHRIOGE CONTRACT FOR SALE AND PURCHASE MELANIE & GREGORY McELROY, ("Seller"), of Pompano Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Lot 5, Block 7, Southridge Subdivision according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida, in plat book 13, pages 38 & 39. II. PURCHASE PRICE ................ $21,650.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before April 18, 2001, the offer will, at Buyer's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before May 22, 2001, unless extended by other provisions of the Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer or Seller may not assign Contract without the prior consent of the other party. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title ~nsurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth ~n this agreement and those which shall be d~scharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in th~s agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to apphcable title standards adopted by authorny of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in wraing specifying defect(s). If the defect(s) render t~tle unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of e~ther accepting the title as it then is or demanding a refund df deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the ume provided therefor, including the bringing of necessary suits. B. SurveY: Buyer, at Buyer's expense, w~thin time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or v~olate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer cop~es of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no ~mprovements or repmrs to property for ninety (90) days immedmtely preceding date of closing If property has been ~mproved, or repaired within that nme, Seller shall deliver releases or wmvers of mechanics' hens executed by all general contractors, subcontractors, suppliers, and materialmen in addiuon to Seller's lien afftdawt setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for ~mprovements or repairs which could serve as a basis for a mechanic's hne or a claim for damages have been paid or will be paid at closing. -2- F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the deed shall be paid by Seller. J. Prorationsl credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not m existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request wall be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon recmpt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens' Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effecnve Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the pubhc body. L. Inspection~ Repair and Maintenance. Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, hawng inspections made of those items by an appropriately Florida hcense person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repmrs or replacement exceeds three percent (3 %) of the purchase price, Buyer or Seller may elect to pay such excess, faihng which e~ther party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing Seller will, upon reasonable notice, prowde utilines service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, -3- in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closang shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as Is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance w~th terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach By: Mayor, David Schmidt SELLER: · ~re~~ cElr~y// /// dj Melanie McElroy ATTEST: By: City Clerk Approved as to Form: By: }~yC ity Attorney WITNESSES: (Please Type or Print Name) (Please Type or Print Name) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me thiso~d day of /~~ 2001 by GREGORy_ MCELROY, who i~ personally l, hnowii to mc-or who has &~ 2'/g-.~,/s-,C~-qz3"~type of identification) and who did (did not) take an oath. Signature of Notary Publ'~ State of Florida State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this c~ day of 200/ by MELANIE MCELROY, who is personally kmown to me or ti ~ 2q/,-Xc3-S%-(-rO~ype of identification) and who did (did not) take an oath. Signa~-~ure o~ N~otary State of Florida produced U'~. CATHERINE INGLESE i:~.0 JULY 22~2002 has produced MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM - REGULAR MEETING OF APRIL 3, 2001 REQUEST FOR SPONSORSHIP/WORLD TRADE CENTER PALM BEACH MARCH 30, 2001 The City Commission is asked to consider a request from the World Trade Center Palm Beach to contribute and participate in The World Trade Center Luncheon. This event provides you with the opportunity to show case your City in front of business people, many of whom are derision-makers for their companies. The Luncheons are rotated on a monthly basis at three different locations throughout Palm Beach County and The Treasure Coast The objective of the luncheons is to promote international trade in Palm Beach, Martin, St. Lucie, Indian River, Okeechobee and Hendry Counties. The luncheon will feature a country with Government speakers and Consul Generals from the featured country. The April luncheon will be held at the Boca Country Club, on April 30th with representatives from Israel in attendance. City Sponsorship is $200, which includes table top at reception, and two (2) complimentary tickets. Individual luncheon tickets cost $25. Recommend Commission consideration of the request from the World Trade Center Palm Beach. We expect Jackie Wiesenfeld, Business Development Director, will be present as well as Commissioner Zucaro of West Palm Beach. Ref.~gmemo 10.Sponsorship Request.04.03.01 05/28/01 16:11 FA% 054?25?994 TRUP REALTY ~0! 03/28/01 16:11 FAI 95472§7994 TEUP REALTY ~02 WORLD TRADE CENTER PALM BEACH EVENT FACTS The ol:~onuaity to contribute ~ partlclpst= in The Worm T~ ~m~ L~o~ ~ ~ent ~d~ you ~ ~ o~~y ~ ~~ yo~ ~y ~ ~o~ ofb~ss ~. m~y of~m ~ ~isbn ~ ~r ~k ~~s. ~ L~c~ ~ ~ on a ~hly ~is at ~ ~,t ~tions ~~ P~ ~h Co~ ~ ~ T~ DAT~: Qtm~terly in three location~. West Pz]rn Be. ach/Boca Baton Srum't C. overnor~ Club/Boca Country CluWMartln Downs Country Club FORMA~: The luncheon will feature a ~o,,-t~y with Oovemment ~ & Con.~ul Ge~z. mls lk, n the fmu'ured counlry, OBJECTIVE: To promo~ ~u~emational cradc in Palm Beach, Ms/tin, St, Luci~, Indiau River. Ok~echob~ & He.try Counties PRODUCER: The World Trade Center Palm Beach Questiom plame c~ leckie Wiesenfeld: (561) 982 8864 .. 03/28/01 1§:~! FAX 9~472~7994 TRU? REALTY WORLD TRADE CENTER PALM BEACH LUNCHEONS & LOCATIONS FOR 2001 ALL LUNCHEONS COST WEST P~.LM BEACH .luae 25~' Mexico Sel~m~r 17~ Chile D~e~r 10~ R~sia LOCATIONS Kravis C~nter - Cohen Pavillion 701 Okmehobee Blvd West Palm Beach. FL 33401 BOCA RATON luty -h~ Brazi~ October 22~ China Bo~a Country Club 17751, Boca Club Bird Boca Rain, FL 33487 STUART/PALM CITY May 14= August 27ra November 19~ Great Britain Argentina Germany Martin Downs Country Club 3801 8W Cxreenwood Way Palm City, FL 34990 For directions contact Ja~lde: (561) 982 8864 0~/28/0i 18:11 TRUP REALTY [~04 WORLD TRADE CENTER PALM BEACH SPONSORSHIP OPPORTUNFFIES GLOBAL: $3,000 Oppommi~ ~o speak e~thc cvefl~ Name on Lbe i~vimJon*' Reco~bn at the cvc~ Difp¼y Mble at reception Opportunity to include companyflfteramrc ku~chcon che~s One t~le ~t thc cvc~ NATIONAL: * * Spousor four luueheons ~or ~,SO0 STATE: $S00 Table top a~ reception Recognit~n at the event Two ~omp~ tickets to the evem Table top et reception Two complimcnm'y tickcts to the cvenz **Sponsorship mu~ b~ in 6 weeks prior ~ fl~ event for priming/m_~!!inE deadane Any questions call Sackie Wicsen~eld: (561) 982 8864 03728701 15:11 TI~UP REALTY SPONSORffABLF.,/SEAT RESERVATION FORM I woukl Hke to sponsor . . Sponsorship level** (circle one) Gk)bal Luneh (nmme featured country) National State City ! would film to reserve ......... I would like to reserve table(s) o! 10 (~ $2S0 seat(s) ~ $25 e~ch Contact perJoa: Address: ..... Tel: Z, ipcode R,S,V.P:. 7 days prior to event To pay by credit card use RegistratiotJ~ayment form and hx: (~61) 999 8952 Any questions call: Jackie Wieseareki at (S61) 982 8864 Please mail check The World Trade Center Palm Beach Reservation Departmen~ 1,.o. aox 812636 Baem l~tom, FI, 33481.2636 REGISTRATION/PAYMENT FORM Function: Name of Attendee(si: Company Name: Contact I~rson: Number of Attendee(s) Addrem: State: Tel: Email: Zipeode: PAYMENT METHOD: CHECK CI~DIT CARD: Via Mastercard (circle one) Card #: Name on Card AMOUNT Exp: , Signature Tel: (S61) 982 8864 or Fax form to: (S61) 999 89S2 Mail Checks: World Trade Center Palm Beach RHervatioa Department P.O. Box 812636 Bott Ralon, FL 33d81-2636 05/2&/01 18:11 FAX 9547257994 TRUP REALTY [~07 WORLD TRADE CENTER PALM BEACH PROGRAM PRICES FULL PAGE HALF PAGE QUARTER PAGE BUSINESS CARD All mdveftiaement~ must be camera ready & attached B/W photogmph~ $20 extra per photo if required Function:.__ Company n~me: Contact pemon: Addre~:, __ (Circle one) $100.00 $ 75.00 $ ~0.00 $ 28.00 Ptyment method: (~lmle one) Card # ,~lgrmture ..... · Email: Check Visa Mastm~'.ard Tel: (661) 982 8664 or Fax form: (56~) 96g 8g~i2 Mail Cbeclm: Wodd Trade Center Pelto Beer. h Reservation Delmrtment P.O,Box: Boca RM~n, FL 33481-2636 D3/28/01 16:11 FA~ 954?25?994 TR[TP REALTY ~0~ STATE OF ISRAEL L~ON guest speakers Eeon~mie MiMMer lo Nori~ America Gov~nmm~! of Erred MI~ ARBEL Con.~l General eli:mini ~o I:~da & Pure, lo April ~h, ~ at fl.3~Jm Bom Cnuntry Club, f77M Be~ Club Blwl ~ IMe,. Fi. ~,1~? For rel.rk~iM~ (MI Ja~kie M~) ~ MM Coal ~2$ paid fn advmnce Umited space I~ea~ ~Jnd r. heek~ Weald Trade Confer Palm P,O. Oox ~12fJe Boca Ralon, FL 334g1 For 8p~naG~Jhip oppor~mitie~ Mil Jaekle (g4f) 982 MM MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM #/~J[ REGULAR MEETING OF APRIL 3, 2001 ORDINANCE NO. 20-01 (ADOPTING A METHOD OF CITRUS CANKER DECONTAMINATION) MARCH 30, 2001 This is first reading for Ordinance No. 20-01 which amends Chapter 97 "Health and Safety", of the City Code by enacting a new subsection 97.10 "Citrus Canker Control Procedures" to enact guidelines governing the decontamination method to be adhered to by vegetation maintenance companies and public utility companies while operating within the City of Delray Beach. This ordinance would impose mandatory decontamination procedures upon vegetation maintenance and public utility companies within the City, which are consistent with those recommended by the State Department of Agriculture and Consumer Services. Said companies should decontaminate personnel and equipment before departing from a property on which it performed maintenance services or cut or trimmed vegetation. Ordinance No. 20-01 sets the violation of any provision of this ordinance pursuant to Section 97.99 of the Code and shall be enforced and carried out by the city's police officers, code enforcement officers, or both. The City adopts all enforcement methods provided by law or equity which include, the issuance of citation, summons, Notice to Appear in County Court, or arrest for violation of municipal ordinances, as provided for in Chapter 901, Florida Statutes. Recommend approval of Ordinance No. 20-01 on first reading. If passed, a public hearing will be scheduled for April 17, 2001. Ref Agmemo21.Ord 20-01DecontammauonCanker4-3-01 .............. A~D ....... TY I II TO: D T. HARDi~N, CI 'MANAGER THRU: PAUL DORLING, BIEECTOR OF PLA~NNING FROM: LD HOG , & ZONING SUBJECT: MEETING OF APRIL 3, 2001 REZONING FROM PCC (PLANNED COMMERCE CENTER) TO RT (RESORT/TOURISM) FOR A PARCEL LOCATED ON THE SOUTHEAST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD. :~'"<B A,C' N D The subject property is currently approved as Phase I of Congress Commerce Center (undeveloped). The Master Development Plan for the project was approved in 1997 and modified in 1999. The project consists of two phases with 4 buildings totaling 160,200 square feet. The Site Plan was approved by the Site Plan Review and Approval Board on April 29, 1998 and an 18 month extension was approved on October 6, 1999. The site plan approval is now valid until April 29, 2001. The current development proposal is to separate the north 5.96 acre parcel from the Congress Commerce Center Master Development Plan and develop the property under the RT zoning district as an ice skating facility. The proposed 89,600 square feet Glacier Ice and Snow Arena is to contain two large rinks, a smaller studio rink, a pro shop, concessions and support facilities. The rezoning is necessary to accommodate the proposed use. The Planning and Zoning Board held a public hearing on the proposed rezoning at its meeting of March 19, 2001. One resident spoke in favor of the rezoning. The Board recommended approval of the rezoning by a vote of 7 to 0. By motion, approve on first reading the ordinance for the rezoning of the subject property from PCC (Planned Commerce Center) to RT (Resort/Tourism), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan and set a public hearing date of April 17, 2001. Attachments: · P&Z Board Staff Report of March 19, 2001 · Legal Description · Ordinance s:\planning & zoning\boards\city commission\glacier ice rezoning.doc ORDINANCE NO. 25-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT TO RT (RESORT TOURISM) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated August, 2000, as being zoned PCC (Planned Commerce Center) District; and WHEREAS, at its meeting of March 19, 2001 (continued from February 26, 2001), the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RT (Resort Tourism) District for the following described property: Tract 'T' as shown on the Plat of Congress Commerce Centre as recorded in Plat Book 86, Pages 105 and 106, Public Records of Palm Beach County, Florida, less and excepting a portion of said Tract 'T', said portion of Tract 'T' being more particularly described as follows: Beginning at the Southeast comer of Tract 'T' of said Plat of Congress Commerce Centre; thence North 71° 18' 58" West along the South line of said Tract "I", a distance of 435.24 feet; thence South 35° 23' 41" West, a distance of 58.99 feet; thence North 71° 21' 05" West, a distance of 38.00 feet to the Northwest comer of said Tract "II"; thence North 18° 38' 55" East along the westerly line of said Tract "I", a distance of 74.42 feet; thence South 71° 18' 58" East, a distance of 490.24 feet to a point on the easterly line of said Tract 'T'; thence South 18° 41' 02" West along said easterly line of Tract 'T', a distance of 17.90 feet to the point of beginning afore described. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,2001. ATTEST M A Y O R Acting City Clerk First Reading. Second Reading. 2 ORD NO. 25-01 PLANNINt= AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: March 19, 2001 (Continued from February 26, 2001 meeting) IV.D. Rezoning from PCC (Planned Commerce Center) to RT (Resort Tourism) for Glacier Ice and Snow Arena on a 5.96 Acre Parcel of Land, Located at the Southeast Corner of Lake Ida Road and Congress Avenue (North Half of Congress Commerce Center Site). GENERAL DATA: Owner/Applicant ............. Agent .............................. Location .......................... Property Size .................. Future Land Use Map ..... Current Zoning ................ Proposed Zoning ............ Adjacent Zoning .... North: East: South: West: Existing Land Use ........... Proposed Land Use ........ Water Service ................. Sewer Service ................. Congress Commerce Centre Joint Venture I Weiner & Aronson, P.A. Southeast corner of Congress Avenue & Lake Ida Road 5.96 Acres Commerce PCC (Planned Commerce Center) RT (Resort Tourism) PCC CF (Community Facilities) & PCC PCC PC (Planned Commercial) & RM-8 (Medium Density Residential- 8 du/ac) Vacant Rezoning from PCC to RT on a 5.96 Acre Parcel of land to accommodate the proposed construction of Glacier Ice & Snow Arena. Available via connection to the existing 20" water main on the south side of Lake Ida Road, and the 8" main along the west side of Congress Avenue. Available via installation of 8" sewer mains on site which will gravity flow northward to a proposed lift station with a 4" force main connecting to an existing 14" force main along Lake Ida Road. IV.D. ITEM BEFORE THE BOARD ,,I The item before the Board is that of making a recommendation to the City Commission on a rezoning request from PCC (Planned Commerce Center) to RT (Resort/Tourism) for property associated with development of an ice skating facility. The subject property is located at the southeast corner of Congress Avenue and Lake Ida Road. BACKGROUND The 5.96 acre subject property is currently approved as Phase I of Congress Commerce Center (undeveloped). The Master Development Plan for the project was approved in 1997 and modified in 1999. The project consists of two phases with 4 buildings totaling 160,200 square feet. Phase I was approved for a total of 76,400 sq. ft. of building area with one building containing 22,500 sq. ft. of Service Industry and 3,500 sq. ft. of Retail space and a second building containing 50,400 sq. ft. of Light Industrial space. The Site Plan was approved by the Site Plan Review and Approval Board on April 29, 1998 and an 18 month extension was approved on October 6, 1999. The site plan approval is now valid until April 28, 2001. P R O J E C T D E S C R I P TI'O N' The current development proposal is to separate the subject property from the Congress Commerce Center Master Development Plan and develop the property under the RT zoning district as an ice skating facility. The proposed 89,600 square feet Glacier Ice and Snow Arena is to contain two large rinks, a smaller studio rink, a pro shop, concessions and support facilities. The rezoning is necessary to accommodate the proposed use. ANALYSIS :1 REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be PJanning & Zoning Staff Report · Glacier Ice Rezoning Page 2 consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designation for the applicant's property is CMR (Commerce). The requested zoning change is from PCC (Planned Commerce Center) to RT (Resort/Tourism). A zoning designation of RT is consistent with the CMR Future Land Use Map designation when the proposed facility will provide a substantial employment base and serve as an economic generator for the City. The RT zoning district is a specialized commercial district which provides for the designation and regulation of certain land uses which are primarily intended for visitors to the city. While the rezoning is being processed to accommodate a specific use, the analysis must consider the impact of all uses allowed under the proposed designation. The principal uses permitted within the RT zoning district include hotels and motels; entertainment, cultural and recreational facilities; conference facilities; and, service and specialty uses. The large size of the parcel would permit a large building area with the potential for a substantial employment base. One example would be a hotel complex such as the Marriott with conference and banquet facilities. However, given the range of permitted uses, it is not possible to determine the potential employment base for the property developed under the proposed RT zoning without knowing the specifics of the project. This limitation also applies to development under the existing PCC zoning, which could contain a substantial office component with a significant number of employees or a highly mechanized manufacturing and storage facility with a limited employment base. The applicant has submitted an employment estimate for the proposed ice skating facility including 44 full time and 67 part time jobs. Although this is probably less than what would be expected in the hotel example, it is potentially more than what could happen under the existing PCC zoning. It is the nature of the permitted uses within the RT zoning district to draw customers from outside the City. By creating this draw, these businesses would also increase the consumer base for other city businesses and serve as an economic generator. As an example, the applicant's proposed ice skating rink will attract people from a broad area outside the City. In addition to money spent at the facility, other city businesses can expect increased sales as customers combine trips and parents go shopping, get car maintenance, have lunch, etc., while their children participate in activities at the ice rink. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rezoning of the property to RT allows a development intensity similar to that in the existing PCC district. Planning & Zoning Staff Report Glacier Ice Rezoning Page 3 Traffic: The approved Master Development Plan for Congress Commerce Center generated a total of 1,537 new trips per day. The project as approved met the Traffic Performance Standards of Palm Beach County, but was contingent upon phasing of the project to the widening of Lake Ida Road, from Congress Avenue to Military Trail. The subject segment of Lake Ida Road is scheduled to be widened to four lanes in 2001. This road improvement is considered an Assured Construction Project, therefore, concurrency is deemed to be met. Given the range of permitted uses, development of the property under RT zoning would be of similar intensity to that allowed in the PCC district. As an example, a traffic impact analysis for the proposed ice skating rink and modified Commerce Center Master Plan was submitted by the applicant. The trip generation analysis indicates that the proposed modifications would result in an increase of 49 daily trips, a decrease of 61 AM peak trips and an increase of 8 PM peak trips from the previously approved Master Development Plan. Traffic concurrency with respect to individual site development proposals must be addressed with review of a specific site development plan. A traffic study for whatever development is proposed for the property will be required. A copy of the Traffic Impact Analysis for the proposed project has already been sent to Palm Beach County for review. Site Plan approval will be contingent upon the provision of a confirmation letter from Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, positive findings with respect to this level of service standard can be made. Water & Sewer: Water service is available via connection to a 20" water main along the south side of Lake Ida Road and an 8" main along Congress Avenue. Sewer service is available via installation of a lift station and connection to a 14" sewer force main along the north side of Lake Ida Road. Pursuant to the 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. Water and sewer service will be further addressed with a site plan submittal. No problems are anticipated. Thus, positive findings with respect to this level of service standard can be made. Draina,qe: Paving and drainage plans are not required for rezoning requests. However, under the approved Master Development Plan, drainage was to be accommodated on site via an exfiltration system. It is likely that future development of the property under the proposed RT zoning will also utilize this drainage method. Drainage plans, which comply with South Florida Water Management District standards, will be required when the project is submitted for site plan approval. No problems are anticipated. Thus, positive findings with respect to this level of service standard can be made. Planning & Zoning Staff Report Glacier Ice Rezoning Page 4 Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Furthermore, the anticipated development is a recreational facility to be operated by the private sector, which helps diversify recreational opportunities not only for residents of the City, but for residents in the region. Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill (approximately 2021). Development of the property under the approved Master Development Plan would generate approximately 180 tons per year at 4.7 lbs per sq. ft.. Potential uses under the proposed RT zoning have similar generation rates and would yield similar results. For example, the solid waste generation rate for hotels is also 4.7 lbs per square foot. If the proposed 89,600 sq. ft. ice skating rink is built, it would generate approximately 148 tons per year at 3.3 lbs per square foot. As shown above, the development of the property under the RT zoning district regulations should not create an adverse impact on this level of service standard. Thus, positive findings with respect to this level of service standard can be made. Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. A review of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found with regard to rezoning of the subject property for PCC to RT. However, the following objective, which relates to the applicant's proposed Glacier Ice and Snow Arena was found: Open Space and Recreation Element Objective A-4 The provision of recreational facilities by the private sector is an important factor in the quality of life in the entire community, especially for teenagers and young adults. The City shall encourage the siting of appropriate private recreational facilities within the City through the provision of informational services, and consideration of innovative, quality development proposals. As stated above, facilities such as the proposed Glacier Ice project are needed in the City. Unfortunately, recreational projects of this type require a considerable land area to accommodate the large building size and parking requirements. Sites in the City where this can be accomplished are limited. The subject property meets all the necessary requirements, but requires that the property be rezoned to accommodate the use. A positive finding with respect to consistency with the Comprehensive Plan can be made with regard to the rezoning of the subject property. Planning & Zoning Staff Report Glacier Ice Rezoning Page 5 Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. A preliminary site plan was submitted with this rezoning request to show how the proposed ice skating rink would fit on the site and how the project would relate to the remaining portion of Congress Commerce Center. If the rezoning is successful and the project goes forward as proposed, the following technical comments should be addressed with the site plan submittal: 1. The handicapped accessible parking spaces should be relocated adjacent to the building/sidewalk. 2. The location of all dumpster and refuse areas and all ground level air-conditioning units and mechanical equipment must be shown on the plan and appropriately screened. 3. A replat of the property will be required to change the location of the tract line to correspond to the proposed south property boundary for the parcel. A cross-access easement will also be required to share the driveway which is split by the south property boundary, with the parcel to the south. This easement, together with the relocation of utility easements which would be under the building in their present location, must be indicated with the re-plat. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. There should be no problems complying with the Land Development Regulations. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the proposed rezoning. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by the following zoning districts: to the north, across Lake Ida Road and to the south is zoned PCC; to the east is zoned CF (Community Facilities); and to the west is zoned PC (Planned Commercial). The existing land uses are: an industrial park (Delray Park of Commerce) to the north; vacant land (part of the approved Congress Planning & Zoning Staff Repod' · Glacier Ice Rezoning Page 6 Commerce Center) to the south; an FPL substation and the City Public Works storage facility to the east; and, an existing shopping center (Lake Ida Plaza) to the west. The Congress Avenue corridor primarily contains light industrial uses with some commercial, office and residential uses. The uses allowed within the RT zone district are of similar intensity and will be compatible with the existing uses. Therefore, a positive finding with respect to compatibility with existing and future land uses can be made. Section 2.4.5(D)(5) {Rezonin_~ Findinas}: Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following statement indicating the reasons for which the rezoning is being sought based on "b" and "c" above: There has been a change in circumstances which makes the current zoning inappropriate. The present zoning is "PCC" that is, Planned Commerce Center. Its location, at the southeast comer of Lake Ida Road and Congress Avenue is in an area which is a corridor fo. r such uses. There is an abundance of this kind of property available within the city #mits of De/ray Beach, Florida. The proposed use, namely an ice skating rink, is a recreational opportunity that will enhance the quality of life, provide for family recreation, and promote the spirit of community· The Comprehensive Plan for the City of De/ray Beach, Florida states that such project shall receive a high priority in the investment of resources. Furthermore, the comprehensive Plan states that such facilities should become a joint responsibility of both the public and private sectors. Where, as in this case, it is a recreational facility that improves the quality of life for teenagers and young adults, the Comprehensive Plan goes on to state that the City of De/ray Beach should encourage such recreational facilities within the City of De/ray Beach. A facility of this nature requires about six acres of land. The applicant has attempted to obtain land in other areas of the City of De/ray Beach which would have a more appropriate zoning designation. However, for other reasons, the applicant has been unable to purchase any such land. This particular land is one of the last remaining parcels of six acres which could support a facility of this type and size within the borders of the City of De/ray beach, Florida. The City has been unable to meet the objectives of the Planning & Zoning Staff Report Glacier Ice Rezoning Page 7 Comprehensive Plan in this area to the extent that it desires. Accordingly, there has been a change in circumstances whereby the City should be promoting zoning for recreational facilities of this kind and is in a position to decrease "PCC" zoning which is in abundance. The Future Land Use Map designation is CMR, namely "Commerce." This is classified as a commercial land use. The requested zoning is of similar intensity as allowed under this Future Land Use Map Designation and is more appropriate for the property based upon the circumstances particular to the site and surrounding area. The intersection of Lake Ida Road and Congress Avenue has become a high traffic intersection with general retail on the southwest comer. Immediately to the west, residential neighborhoods have been developed. As a result, over the years, this particular intersection and area are now more oriented to consumer and general traffic patterns than to a business only traffic pattern. As a result, it would be more appropriate to allow a recreational facility appealing to the residential families in the westem neighborhoods than it would be to maintain the present zoning of "PCC." As stated above, there is an abundance of business oriented zoning within the city limits of Delray Beach, Florida, but there is not an abundance of zoning which would allow recreational facilities. The City recognizes the importance of encouraging the private sector to provide recreational facilities within the city, especially for teenagers and young adults. However, since projects of this type require a considerable land area to accommodate the large building size and parking requirements, vacant sites within city where this can be accomplished are limited. The most likely sites for this purpose are located within the industrial corridor between Congress Avenue and Interstate 95. The subject property meets all the development requirements for this type of project and is located on an arterial roadway with excellent access to 1-95. The applicant has requested the rezoning to accommodate a proposed ice skating facility. Development of the site for private recreational purposes will meet the City's need to provide more recreational opportunities for its younger population and draw more consumers into the city. Under the circumstances, the requested zoning is more appropriate for the property. Based upon the above, a positive finding can be made with respect to this requirement. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to PROD, the President's Council and the following homeowners associations: · Rainberry Lake Homeowners Association Villas of Rainberry Lake · Rainberry Bay Homeowners Association · Sudan Homeowners Association · Pines of Delray North · Chatelaine · Country Manor · Delray Shores · Lake Ida Homeowners Association Planning & Zoning Staff Repod . Glacier Ice Rezoning Page 8 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. ASSESSMENT AND CONCLUSION The proposed rezoning to RT (Resort/Tourism) will allow the property to be developed for a large scale private recreational facility which will draw customers from Delray Beach and the surrounding municipalities. A project of this type will serve as an economic generator, and fulfill a stated city objective to provide additional recreational opportunities for its younger population. Overall, uses permitted within the RT zoning district are of similar intensity to those allowed in the existing PCC zone and will not present an additional demand on city services. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan for the proposed rezoning of the subject property. Therefore this rezoning can be recommended for approval based on the findings outlined in this report. ALTERNATIVE ACTIONS A. Continue with direction. Bo Recommend to the City Commission rezoning of the subject property from PCC (Planned Commerce Center) to RT (Resort/Tourism), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. C. Recommend to the city Commission denial of the rezoning, based on a failure to make positive findings with respect to LDR Section 2.4.5(D)(5). RECOMMENDED ACTION · Recommend to the City Commission rezoning of the subject property from PCC (Planned Commerce Center) to RT (Resort/Tourism), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. ~',misrv001\departments\plannin.q & zoninR\boards\p&z board\.qlacier ice rezonin.q.doc Z OD ~ Z SHEET NO 0 ' I , [IT¥ OF DELRFI¥ BEI:I[H CiTY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 Ail.America City 1993 DATE: TO: FROM: March 29, 2001 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Direction Regarding Off-Premise Sign Locations On March 26, 2001 a meeting was held between City staff and Florida Outdoor Advertising representatives regarding 4 applications for off-premise signs that were submitted by Florida Outdoor Advertising. Florida Outdoor Advertising has alleged that our sign ordinance is unconstitutional in that it impermissibly offers greater protection for commercial speech as related to non-commercial speech. Florida Outdoor Advertising has also indicated that they would be willing to forego litigation if the City granted them permits for 2 of the 4 locations. The 4 locations requested by Florida Outdoor Advertising are: (1) 551 S. Congress Avenue; (2) 782 S.W. 17th Avenue; (3) 1100 S. Congress Avenue and (4) 189 Linton Boulevard. Florida Outdoor Advertising has requested that the City grant its permits for the 551 S. Congress Avenue location and the 782 S.W. 17th Avenue location. These locations are shown on the attached map as well as the attached drawings that show in greater detail where the signs would be located on the property. We have also attached photographs of the proposed locations, provided by Florida Outdoor Advertising, that attempt to show how a sign would look at each location. We are requesting direction from the Commission whether to proceed with our discussions, and if so, the parameters of the Commission regarding the proposal from Florida Outdoor Advertising. Our office requests that this item be placed on the April 3, 2001 City Commission agenda. Please call if you have any questions. Attachments 'Florida Outdoor Advertising, LLC SIDE ELEVATION (ONE OF TWO SIGN FACES SHOWN) 48' 65' CATWALK SUPPORT POLE GROUND 48' The Sign will have a "V" Shape [O00l~ O~ ~7~[/1~£] L~:OI fllt.I~ lO/6~/gO -- . £~ WWI£:O~ ~00~ 6~ 'JeW OlOB lBS PS6 : 'ON XW~ 3NI SWBISIS NOI±WW~O~NI ±BB~IS :.WO~ o~OZ t I I