04-09-96 Special/Workshop DELRAY BEACH
CITy OF DELRAY BEACH, FLORIDA - CITY COMMISSION ~
, NI.Ameri~C~
The City will furnish appropriate auxiliary .aids and services
Where necessary to afford an individUal with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program or activity condUcted by .the City. Please contact Doug
Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to
the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are avail-
able for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
FLORIDA: Consider the Economic Incentive Grant Agreement
between the City and A.B.C. Carpet Company of Florida.
(2) APPOINTMENT OF OUTSIDE COUNSEL/BROOKS, MENRIOUES, SEMOSH ET
~L v. CITY: Appoint outside counsel in the case of Brooks,
~ Menriques, and Semosh v. City of Delray Beach.
Alison Ma~Orego~ Harry'
City Clerk
WORKSHQP AGENDA
-
(1) S.E. 4th Avenue design alternatives. C~ ~~
(2) Management Employee Savings Plan.-~
(3) Feasibility of creating a snorke~ park in th.e~n area
of the Municipal Beach. Cd J~-~~~-~~' '
(4) Review of garbage and trash collection bids.~ q/~/~&
(5) Commission Comments.
a. City Manager
b. City Attorney
c. City Commission
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.
[IT¥ DF DELRR¥ BER£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-/lmerica City
DATE: April 5, 1996
993
TO: City Commission
FROM: David T. Harden, City Manager ~.'~ /
SUBJECT: Enterprise Zone Incentives
Attached is a map of the City's Enterprise Zone. Due to changes in the State Enterprise
Zone legislation, our Enterprise Zone was not able to continue in the State program.
Nevertheless, it remains an area where we would like to see additional economic
development. That part of the Zone on the east side of 1-95 is in the CRA and would
qualify for the various development incentives offered by them. On the west side of 1-95,
however, we have a void since the State supported enterprise zone incentives are no
longer available. Within this Enterprise Zone area on the west side of 1-95 are a few large
vacant buildings. From time to time we have been approached by various businesses
interested in going into one of these vacant buildings and have been asked about what
incentives might be available from the City. In response to a request from ABC Carpet,
the concept was developed of continuing the Enterprise Zone incentives for larger
existing vacant buildings with funding from the City of Delray Beach.
The City Attorney has recommended that we use the ABC Carpet situation as a pilot
project. A proposed agreement with ABC Carpet Company is attached. As the
agreement states, the funding source would "be legally available non-ad valorem
revenues."
As the Commission is aware, we do have some funds set aside in the budget for economic
development purposes. These funds can be applied toward the $1 per square foot for
rehabilitation of the vacant building and the job creation incentives. We have received
zero utility tax revenue from this property for several years now because it has been
vacant. Thus rebate on the utility tax and sales tax on electric service would be offset by
additional utility tax revenue. Similarly, we believe the increase in ad valorem taxes will
be offset by a decrease in the Solid Waste Authority assessment, so the total tax bill on
the property would not increase even though the City's tax revenue from the property
will. As a result, the cost to the City for taxes in excess of $58,270.45 over the next ten
years should be minimal.
THE EFFORT ALWAYS MATTERS
Pnnted on Recycled Paper
City Commission
Enterprise Zone Incentives
April 5, 1996
Page Two
The total value of the incentive package is estimated at about $200,000 spread over ten
years. Of course, most of the incentives would be paid out in the first three years.
Administrative recommendation: That the Commission approve the Economic Incentive
Grant Agreement with ABC Carpet Company.
DTH/mld
Attachment
CITY OF DELRAy BEACH ENTERPRIZE ZONE (EZ-5107-2C90)
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£1T¥ aF IZELIII:I¥ BEg£H
CITY ATTORNEY'S OFFICE ~.~.~.~~?~'~ ~ ~ ~,~?~_~?.~'¥~'~' °~^¥ "~'~"' ~-°"~^ ~4
Writer's Direct Line: (407) 243-7091
MEMORANDUM
DATE: April 4, 1996
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: A.B.C. Carpet Company Grant Agreement
The Economic Incentive Grant Agreement is ready for City Commission action. The
Agreement provides for the following:
1. Grantee to relocate to City and create 35 to 50 jobs with at least 20% being residents
of the City.
2. Grantee to cause the rehabilitation of the 53,450 square foot former Kraft Foods
building on Congress Avenue for use as a major retail facility.
3. The City shall pay $1.00 per square foot towards rehabilitation of the building.
4. The City to pay $100.00 per full time employee, $50.00 per part-time employee, per
month, not to exceed twenty-four (24) months from the commencement of Grantee
Lease.
5. City to pay from legally available non-advalorem revenues, an amount of money
equaling tax increases on the property that exceed $58,270.45, for a ten (10) year
period.
6. City to pay from legally available non-advalorem revenues, money equal to one-half
of municipal utility and sales tax on electric service, for a five (5) year period.
7. The Grant ends ten (10) years from the date of commencement of the Grantee's lease
term, or earlier if conditions are met, and automatically terminates if Grantee fails to
maintain its business within the City.
City Commission
April 4, 1996
Page 2
8. The Grant Agreement provides for a pilot program for A.B.C. Carpet Company and
provides that A.B.C. shall provide information to the City so that the City can assess
whether it wants to formalize the Grant Program in the future for other companies.
Attorney Ed Cohen, for A.B.C. Carpet Company, has sent the Agreement to New York
for review by their corporate counsel. He indicated he would contact me Monday if
further revisions are required by A.B.C. Carpet Company.
By copy of this memorandum to David Harden, City Manager, please place this
Agreement on the April 9, 1996 Special meeting agenda for Commission consideration.
Please call if you have any questions.
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
ECONOMIC INCENTIVE GRANT AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of , 199__,
by and between the City of Delray 'Beach, a Florida municipal corporation (City) and A.B.C.
Carpet Company of Florida (Grantee).
WITNESSETH:
WHEREAS, the City finds that establishing an Economic Incentive Grant
Program through this Agreement on a pilot basis is necessary to enhance economic activity in
the City by providing a stronger, more balanced, and stable economy within the City, and
finds that the program will improve the prosperity and welfare of the citizens of the City,
increase purchasing power and opportunities for gainful employment within the City, will
stabilize the tax base of the City, improve real and personal property within the City, and
further finds that such purposes are valid municipal purposes under the Constitution of the
State of Florida; and,
WttEREAS, the City finds that Article VIII, Section 2(b) of the Florida
Comtitution provides that a municipality may exercise any power for a mu.nicipal purpose
except as otherwise provided by law; and,
WHEREAS, the Municipal Home Rule Powers Act, Section 166.021(4) of the
Florida Statutes provides for the exercise of municipal powers for municipal purposes, unless
expressly prohibited by law, and removes any limitation on such powers unless expressly
prohibited; and,
WI-IEREAS, the City's recent Evaluation and Appraisal Report of the
Comprehensive Plan indicates' that City emphasis on job creation and economic development
within the City is necessary to promote the health, safety and welfare of the citizens of the
City; and,
WHEREAS, by entering into this Agreement, the City finds that the pilot
program reflected in this Agreement will provide valuable information with which to consider
whether it will be advantageous to establish a formal Economic Incentive Grant Program to
attract other new businesses to the City based on similar business characteristics, property
enhancement and job creation as provided by the pilot Grantee; and,
WHEREAS, the Grantee's business is expected to create 35 to 50 new jobs;
and,
WItEREAS, the Grantee plans to rehabilitate a large existing property located
within the City of Delray Beach, Florida in an area formally designated as an enterprise zone;
and,
WHEREAS, the City shall pay for the incentives provided for herein with
legally available non-ad valorem revenues only; and,
WHEREAS, the City shall not use any ad valorem taxes for such incentives,
and does not intend to create any bond, debt or pledge of the full faith and credit of the City;
and,
WHEREAS, the City finds that the aforementioned municipal purposes
constitute paramount municipal purposes.
2
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, the parties agree as follows:
1. Recitations. The recitations set forth above are incorporated as if fully
set forth herein.
2. Duties of Grantee:
a) Grantee shall locate its business within the City of Delray Beach.
b) Grantee shall cause the rehabilitation of the property and
converstion of the property from its former use to its intended use as
a major retail facility, which shall include aesthetic enhancements to
the exterior of the property, and the acquisition of necessary fixtures
and equipment. The approximate square footage of the building is
53,450 square feet. The anticipated rehabilitation costs will exceed
$600,000.00 dollars.
c) Grantee anticipates that thirty-five to fifty jobs will be created by the
relocation of its business to the City. Grantee warrants that no less
then twenty percent of the employees shall be residents of the City of
Delray.
a) The City shall pay $1.00 per square foot to offset the rehabilitation
of the building and the acquisition of necessary equipment and
fixtures. The City's payment for rehabilitation of the building shall
-~-- be made at the time of completion of the rehabilitation of the
building upon receipt of a certificate of occupancy.
b.) The City shall pay to Grantee $100.00 per month for a maximum of
24 months for each full-time employee (36 hours or more per week)
and $50.00 per month for a maximum of 24 months for each part-
time employee (20-35 hours per week); provided, however, this
obligation shall expire 24 months after the date of the commencement
of the Grantee's lease term. To qualify as an employee, the
employee must be employed for at least three months. After the
three month qualifyng period, the payments will be made to cover
the initial three month period. The payments will be made monthly,
and adjusted monthly to reflect employees employed in the two year
period.
c) The City shall pay .Grantee an amount of money equal to any
increases in the taxes assessed against the property (for the land and
buildings existing on the property at the time of execution of this
Agreement) over $58,270.45 which is the amount assessed in 1995,
less any discounts afforded Grantee, for a period of ten (10) years.
The payment by the City shall be made within thirty (30) days of the
City's receipt of a copy of the tax statement from Grantee.
d) The City shall pay Grantee an amount of money equal to 50 % of the
sales tax and municipal utility tax on electrical service for a five (5)
year period. The City shall make payment to Grantee within thirty
days of City's receipt of a copy of the bill showing the sales and
municipal utility tax.
4. Time of Agreement. The Grant Agreement shall automatically
terminate ten years from the commencement of the Grantee's lease term, or earlier if all
conditions are met; provided, however, this Grant Agreement and all obligations thereunder
shall terminate immediately if Grantee fails to maintain its business within the City of Delray
Beach.
5. Grant Management. The Grantee agrees to cooperate with the City
and provide sufficient information to the City in order for the City to assess the effectiveness
of this pilot grant program. This obligation does not require the Grantee to divulge trade
secrets or other information deemed confidential by law.
6. Modifications. This Agreement may only be modified by mutual
written consent by both parties.
7. Compliance with Laws. The Grantee shall comply with all applicable
laws, ordinances, and rules in the conduct of its business. If any clause, section, or provision
of this Agreement shall be declared to be unconstitutional, invalid, or unenforceable for any
4
cause or reason, or is abrogated or negated by a change in law, the remainder of the
Agreement shall be in full force and effect. City shall use its best efforts to defend any
challenges to this Agreement.
8. Jurisdiction and Venue. Any disputes arising from this Agreement
shall be subject to the laws of Florida and venue shall be in Palm Beach County, Florida.
9. Attorneys Fees and Costs. In the event that any action, suit or
proceeding is commenced with respect to the legality or enforcement of this Agreement by any
person or party other than the parties to this Agreement, each party to this Agreement shall
bear their own attorney's fees and costs in defending same; provided, however, if a party to
this Agreement brings suit against the other for a breach of this Agreement, the prevailing
party shall be paid reasonable attorney's fees and costs.
10. Non-Assi~rmability. This Agreement shall not be assigned.
11. Limitation of Liability_: In no event shall the City be liable for any
amounts in excess of the grant made herein. The parties hereto do not intend to create any
rights for third party beneficiaries under this Agreement.
----- 12. General Covenants. Grantor represents that all information provided to
the City regarding potential job creation is true and correct to the best of Grantee's
knowledge and belief and that all representations made herein were made in good faith.
5
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date f'u-st written above.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
City Clerk
Approved as to legal sufficiency
and form:
City Attorney
WITNESSES: A.B.C. CARPET COMPANY OF
FLORIDA
By:
(Name printed or typed)
(Name printed or typed)
(Name printed or typed)
CORPORATE ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
, 1996 by (name of officer or
agent, title of officer or agent) of (name of corporation
6
acknowledging), a (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take
an oath.
Signature of Notary Public - State
of Florida
Print, Type or Stamp
(Name printed or typed)
economyl.agt
[ITY OF DELRI:IY BEflEH
CITY ATTORNEY'S OFFICE TM
Writer's Direct Line: (407) 243-7091
MEMORANDUM
DATE: April 4, 1996
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Appointment of Outside Counsel
Brooks, Henriques. Semosh. et al v. City
The City has been served with a complaint alleging that the City's amendment of the
Chapter 175/185 police fire pension plans providing that only those who retired after
October 1, 1993 received a benefit enhancement of between 1% and 4% based upon the
amount of insurance premium tax revenues the City received, with a minimum of 1%,
regardless of the amount of premium taxes received by the City, is discriminatory.
The former employees have alleged violations of Statutes, the Florida Constitution, the
Equal Protection and Due Process clauses of the Fourteenth Amendment of the United
States Constitution, a civil rights violation under 42 U.S.C. Section 1983, and have filed
a class action for those similarly situated, i.e. retired prior to October 1, 1993.
Our office requests permission to appoint Jim Linn of Lewis, Longman,Walker, P.A.,
our pension counsel, to represent the City in this case. Mr. Linn's rate of compensation
will be $130.00 per hour.
By copy of this memo to David Harden, our office requests that this request for
appointment of outside counsel be placed on the April 9, 1996 Special meeting agenda
for Cit C~mmission consideration.
cc: David Harden, City Manager
Alison MacGregor Harry, City Clerk
[i¥¥ GELI EV BEi:iEi, i
DELR^Y BE^CH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
Ail-America City
1993
DATE: April 8, 1996
TO: City Commission
FROM: David T. Harden, City Manager/,~'//C'l
SUBJECT: S.E. 4th Avenue Design Alternatives
Attached is a copy of Alternate #2 for the S.E. 4th Avenue street reconstruction project.
This alternate uses all parallel parking spaces. This is in contrast to the alternate which
was distributed with your agenda package. On Friday, which has angle parking in the first
block between Atlantic Avenue and S.E. 1 st Street. Also attached is an excerpt from the
Traffic Engineering Handbook which discusses the increased accident frequency with
angle parking.
From both a safety and an aesthetic standpoint, I recommend Alternate #2, using all
parallel parking spaces. This design would greatly improve the appearance of S.E. 4th
Avenue by adding significant mounts of landscaping. It would continue parallel parking
which we now have on the street. However, because we are adding landscaping and
bringing all the parking spaces up to current safety standards, the total number of spaces
in the first block would be reduced from 36 to 24. Using angle parking, we would lose
only one parking space in the first block. If the Commission feels that the need for
parking in the first block overrides the aesthetic and safety concerns, then I would
recommend using the angle parking in the first block, but using Alternative #2 for the
second block between S.E. 1st Street and S.E. 2nd Street. The parking in the south half
of the second block is too far away from the business district to serve it. It appears to be
used primarily by employees or others going to the Southern Bell building, simply
because the on-street parking is closer to the building than the Southern Bell parking lot
immediately east of 4th Avenue.
Based on direction from the Commission at the Worksession, we will put this issue on the
agenda on April 16th for a final decision.
DTH/mld
Attachment
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM #~S/ - MEETING OF APRIL 9, 1996
S.E. FOURTH AVENUE DESIGN ALTERNATIVES
DATE: APRIL 5, 1996
We are distibuting the drawing for one alternative. There is a
second drawing for another alternative which will be distributed
on Monday.
parking configurations, land uses, street widths, and street malls. The necessary factors are that (1) the street is not re-
classifications.38 Variables found to be associated with acci- quired for the traffic network, (2)'through traffic can be el-
dent rates include functional classification of the street, uti- fectively prohibited, (3) the parking is so urgently needed at
lization of parking, and abutting land use. Increases in the location that it is more important than block circulation,
parking utilization (the annual number of space hours occu- and (4) the traffic is slow moving and generally destined to
pied per mile) result in increases in accident rates for up to adjacent business activities.
approximately 1.5 million annual space-hours per mile. For
greater parking utilization rates, the accident rate was not Warrants for parking prohibitions
found to increase. Parking prohibitions installed on major
streets with parking utilization rates of about one million Parking prohibitions can theoretically be warranted under
annual space-hours per mile or more could be expected to three conditions--statutory, capacity effect, and hazard. A
reduce midbiock accident rates by up to 75%. national consensus is available in the statutory warrants of
For all streets, an increasing accident rate was generally the Model Traffic Ordinance?° The Basic Edition of the ordi-
associated with changes from single-family residential to nance authorizes full-time prohibitions on both sides ofroad-
multifamily residential land uses. In addition, there is an ways not exceeding 20 ft in width and on one side ofthose not
increasing accident rate associated with changes from multi- over 30 ft wide.
family residential to office land uses and from office to re- Capacity studies have found that typical streets with park-
tail uses. lng have only two-thirds the capacity of those with curb park-
ing prohibited. The effect of curb parking appears at volume
Angle parking levels that are only a fraction of typical capacities. This effect
Arranging parking at an angle to the curb provides more varies with the number of lanes and whether the location is
parking per unit of curb length than does parallel parking, midblock or at an intersection. On a four-lane street having
The number increases as the angle increases, until at 90° al- parking on both sides (thus allowing only one moving lane in
most 2.5 times as many spaces are available when compared each direction), a single vehicle waiting to turn left at an in-
with parallel parking. However, the greater angles increase tersecfion or driveway completely blocks the through traffic
the roadway space needed for maneuvering in and out of on its own side. However, if the street has at least two moving
parking spaces. Furthermore, several studies have found an- lanes for each direction, in addition to parking, a higher per-
gle parking to be more hazardous than parallel. Analysis of lane volume can flow effectively.
state highways in Nebraska concluded that, whenever practi- The criteria recommended by one source, as a warranting
cai, parking should not be allowed on the urban sections of condition for parking prohibition, are given in Table 7-8.
these routes, and whenever parking cannot be restricted it A local street having a width of less than 16 ft requires
should be of parallel rather than angle type? prohibition of parking at all times on both sides, even with
Some officials have thought that angle parking could be one-way or occasional two-way traffic. A width range of 17 to
allowed on wide streets without the increased congestion and 24 ft generally requires full-time prohibition on one side.
accidents that occur with its use on narrower streets. How- When the two-way movement is more frequent, widths of less
ever, a 45° angle parking along both sides of an 80-ft-wide than 26 ft should have parking prohibited on both sides,
street will affect the entire street width. The angle-parked whereaswidthsof27 to 31 ftmayneed one-side prohibitious.
vehicles occupy nearly 15 ft of space, and their back-out oper- Obviously, the need for prohibitions is related to parking de-
ation directly affects an additional 12 to 15 ft. This can cause mand as well as vehicular volume.
lane-change accidents in the second lane away from the angle
parking. These problems may be readily noted by observing Methods of prohibition
typical angle-parking activities.
The principal hazard in angle parking is the lack of adc- Problems of capacity during certain hours arc often reme-
quate visibility for the driver during thc back-out maneuver, died through a part-time prohibition of parking along the
Additional hazard results from the driver who stops suddenly - ~
upon seeing a vehicle ahead in the process of backing out. ~. . TABLE 74
Because empty parking stalls are difficult to perceive with Parking Prohibition Criteria for Major Streets
angle parking, motorists who are seeking a place to park must .... Maximum Vehicles per Hour per
either proceed slowly (thus tying up traffic) in order to see the Lane When Parking Allowed
empty stall, or slow abruptly when they come upon an empty (one direction of flow)
space. Type of Prohibition I lane 2 or more lanes
~ There are, ofcoursel conditions where one or more blocks Midblock prohibition for entire ~treet ..... 400 ~ .... :'600
can be closed to through traffic and converted into parking Intersection prohibition up to 150 ft
· , ~ on approach and departure 300 500
SOURCE: P.C. Box, 'Criteria for Regulation of On-Straet Parking and
~K.B. Humphreys, P.C. Box, $.D. Wheeler, and T.D. Sullivan, 'Safety Curb Loading Zones,~ Tenth Pan American Highway Congress, Moa-
Considerations in the Use of On-Street Parking," Transportation Research tevideo, Uruguay, 1967, Table II.
Record 722, Transportation Research Board, 1979.
~gP.T. McCoy, M. Ramanujam, and M. Monssavi, "Safety Comparison
of Types of Parking on Urban Streets in Nebraska,' paper proposed for ~°'Uniform Vehicle Code and Model Traffic Ordinance,' National
presentation to the Sanuars, 1990 Transportation Research Board meeting. Committee on Uniform Laws and Ordinances, 1968. '
Parking and Terminals 231
S. £. 2ncl
WORKSHOP April 9, 1996
(1) S.E. 4th Avenue design alternatives ......
City Manager indicated there were larger drawings for the
Commission's review. City Manager: As I explained in my
cover memo we did look at a couple of alternatives. The
original one was a design done a couple of years ago (4
years) that kept a sea of asphalt and that did nothing to
improve the design of the street, it simply put in utility
lines. So I asked Engineering to go back and redesign
their first design. They kept parallel parking, which we
presently have on the street, but in order to add some
landscaping and to bringing parking up to current safety
standards it resulted in a loss of 12 parking spaces in the
first block, and I forget the exact number in the second.
In reviewing this design with the CRA, DDA and the Jr.
Venture, I'm sorry Parking Management Team, there was a
great deal of concern expressed about loosing that much
parking in the first block. Then the idea was developed of
putting angle parking on one side in the first block, they
also wanted to keep parallel parking all the way down to
Second. I've given you an excerpt from the Traffic
Engineering Manual that briefly discusses the conditional
safety concerns with angle parking but if you use angle
parking, you only loose one parking space in the first block
and you meet all the safely standards and you do get some
improvements in the cross section and landscaping. In the
second block with keeping parallel parking, again as I
indicated my recommendation would be not to continue it in
the south half because what you observed down there is the
parking spaces between First Street and about half way down
the block toward Second Street are all vacant and you have
people parked down here, I assume going to the Southern Bell
building when they have this big parking lot right here that
sits empty all the time. I think people are parking on the
street just because its closer to the building than their
parking lot is. I think it would improve the aesthetics at
least to keep the landscaping on the south end and not have
the parallel parking in the south half of the block but keep
it in the north half where you do have some abutting
businesses particularly here on the corner that needs on
street parking. I know our engineers have reviewed both of
these plans with the Parking Management Team, CRA, DDA and
they all endorse the angle parking.
Mayor: I get the impression that there was some concerns
about the safety of angle parking?
Page 2
City Manager: It is less safe than parallel parking. From
a safety and aesthetic stand point of view I think parallel
parking looks better and is safer based on the best
information available to us, on the other hand you can look
at the angle parking that we put on N.E. First Avenue at Old
School Square, and that is very tight, much tighter than
we would be putting here, yet I haven't seen and rash of
accidents it seems to work reasonably well.
Mayor: I think my experience with angle parking is in
Miracle Mile down in Coral Gables and its a nightmare but
this is not nearly as busy a road.
City Manager: The one thing that is a bit peculiar here is
the Library has plans to close their entrance on this side
and only have an entrance open on the other side, but the
parking will still benefit the businesses across the street
and on Atlantic Avenue.
Mr. E11ingsworth: I'd like to ask, this is a 50'
right-of-way I assume? City Manager: Yes. Mr.
Ellingsworth, so how much .... would they have a 10' back-up
space, where does the safety point come in, when people
back-up, blocking traffic in each direction? City Manager:
If they're backing out they would be backing into the on
coming traffic. I think giving the angle there and the
width of the street, people will undoubtedly cross the
center from time to time and that does happen but it is not
necessary and it should not be a normal occurrence. Mr.
Ellingsworth: I would think with the older people who
frequent the library parking would be easier for them if we
left parallel parking ..... Mr. Egan: I think we can not
afford to loose the 12 spots, that's a key block even if the
library does switch around, even with the restaurants
kicking into full swing and five new restaurants coming with
valet parking plus all the downtown events we at night we
need as much parking as possible. I sat through all of
those meetings with Dan for Jt. Venture, CRA and Parking
Management, I'm o.k. with the compromise on the south end I
really thing we need to keep that ....
Mr. Randolph: Southern Bell, is that a private parking lot?
City Manager: Yes, that's a private lot. Mr. Randolph, so
we won't have any problems, doing that. City Manager, we
shouldn't. It sits there and no one is parking up in here,
there's some parking in here, but this all sits empty. They
park right here next to the Southern Bell building and the
parking lot sits here maybe a third or half full at most.
Page 3
Mr. Ellingsworth: The Lions Club uses it at some times.
Mayor: The concerns I have on the corner of N.E. Second
Avenue about the complaints about the plantings and site
lines can that be addressed here.
Dan Beatty: Yes Sir, when we do the landscaping plans we
will maintain the site distance with criteria we established
as far as where the plantings go and the turning radius.
City Manager: Most of the complaints on N.E. Second Avenue
have been because of the small turning radius. Dan: We're
going to maintain a 25 ' turning radius here. City Manager,
We have some 15' turning radius (N.E. Second), some of them,
not all of them.
Mayor: $o what your recommending is that Second Avenue on
the right for First and Second Street and then this avenue
on the left from First to Atlantic. Are there any other
questions? Do we have a consensus on that?
ALL: Agreed
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~k~ '2- MEETING OF APRIL 9, 1996
MANAGEMENT INCENTIVES
DATE: APRIL 5, 1996
One of the weaknesses I believe we have in our total pay and
benefits package is a lack of incentives for management personnel.
The recent changes we made in our life insurance program provides
some recognition of the efforts put forth by our management
personnel.
At this time I would like to propose that the City offer to match
managment employees' contributions to the deferred compensation
program up to three percent of salary; in other words, if an
employee would contribute two percent of their salary, the City
would match that two percent for a total to the employee's
deferred compensation account of four percent of salary. This
benefit would be available to department heads, assistant
department heads, and division heads including battalion chiefs
and police lieutenants. A total of 62 employees would be eligible
for this benefit.
The total cost to the City if everyone took advantage of it would
be approximately $110,000 per year. Initially not everyone would
take advantage of the program. It would probably be several years
before everyone that is eligible would use it.
£1T¥ OF DELRI:I¥ BEI:I£H
DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
1993 DATE: April 5, 1996
TO: City Commission
FROM: David T. Harden, City Manager/~' I
SUBJECT: Snorkel Park
Last week Representative Andrews contacted me about the snorkel park concept which is
included in our Comprehensive Plan. This concept was originally inserted into the
Comprehensive Plan at his request when he was a City Commissioner. Representative
Andrews believe he can obtain State funding for the necessary studies and design work
which would be required for development of a snorkel park. Ultimately, he believes the
funding for development might also be available.
Because our Planning staff had proposed last year that the snorkel park be taken out of
our Comprehensive Plan and some State agencies are aware of this proposal, some
ambiguity has been created about the City's position on this concept. Therefore,
Representative Andrews has requested that the City Commission reconfirm its support for
the concept before he spends time trying to obtain State resources to develop the concept
further.
The attached excerpt from our staff report on the subject, identifies some of the issues
relating to construction of this proposed snorkel park. There are also some safety and
liability issues, which would need to be addressed in the planning and design process.
The concept, I believe, has merit and would attract people to Delray Beach. While there
are some issues which would have to be resolved before the project should be built, I
would recommend that the Commission, by consensus, support Representative Andrew's
efforts to obtain State resources for further planning studies on a snorkel park at the south
end of our beach.
DTH/mld
Attachment
THE EFFORT ALWAYS MATTERS
Printecl on Recycled Pal)er
COMPREHENSIVE PLAN AMENDMENT 9 5-1
SUPPORT DOCUMENT # 5
SNORKEL PARK
PURPOSE:
This report assesses the feasibility of creating a snorkel park
in the southern area of the Municipal Beach.
BACKGROUND:
The concept of a snorkel park at the Municipal Beach was put
forward by a City Commissioner during the development of the
Comprehensive Plan. The original idea was to construct an
artificial reef of old boats and concrete that could b.e easily
reached from the beach. The reef would be about 1000' long and
200' wide, in 8-12 feet of water. The installation would
attract fish and become a recreational and educational
experience for swimmers, particularly children.
EXISTING COMPREHENSIVE PLAN
DIRECTION
Coastal Manaqement
Objective C-6:
The City, through its Development Services Management Group,
shall develop specific programs for the following projects:
· Veteran's Park Redevelopment (see C-6.1)
· Marina Historic District (see C-2)
· FIND parcel (MSA 650)
· Atlantic Avenue Improvements (see C-6.3)
· Snorkel and Scuba Park (see C-6.4)
· Providing AdditiOnal Marina Facilities Along the
Intracoastal Waterway (see C-6.5)
Policy C-6.4: The City, through its Parks and Recreation
Department, shall undertake a study and develop a program
for creation of an "underwater snorkeling park in the South
Beach area". This facility would provide an educational and
recreational opportunity for residents of the area and could
also function as a tourist attraction. The study shall be
completed in FY 92/93, with development to occur pursuant to
the priorities of C-6.6.
ANALYSIS:
Existinq Amenities
The "Delray Wreck" is located approximately 800 feet east of the
Erosional Control Line, in about 12' of water. The site is 600
feet off shore. This location is just south of the southern
limit of the Municipal Beach, opposite the [Delra¥ Beach Club].
The wreck site is the remains of the S.S. Inchulva, a British
steamer that ran aground and broke up during a hurricane in
1903. The site is marked on shore by an historical marker.
Currently, the wreck site consists of a segment of steel hull
and the remains of two boilers. The entire wreck is heavily
overgrown by coral and sponges, and attracts large numbers of
fish. Because of its shallow depth and location relatively
close to shore, the wreck site is an extremely popular
destination for scuba divers and snorkelers. Local dive
instructors often lead "check out" dives to the site.
The wreck site has been protected in the Beach NoUrishment
Project design by the establishment of a 200 foot buffer. No
fill is placed, or pipelines set, within the buffer area.
The nearshore area throughout Delray Beach is sandy bottom, with
no rock outcrops. Due to the Beach Nourishment Project, the
nearshore slope is quite gentle, about 1:20, making the area
ideal for swimming and snorkeling. Many species of migratory
fish are usually present in the nearshore area.
A single offshore reef exists in Delray Beach, located
approximately three quarters of a mile off shore. Water depths
over the reef range from 50 to 70 feet. This reef consists of
an exposed, fossilized limestone ridge colonized by gorgonian
corals, sponges and stony corals. The area supports a wide
variety of fish species. The reef is highly productive and is a
carefully preserved resource. Therefore, it is a very popular
destination for scuba divers.
Beach Nourishment Project Considerations
The City has an on-going beach erosion control project, whereby
sand is dredged from offshore borrow areas and pumped onto the
beach at approximately nine year intervals. Permitting for this
project takes into account existing rock outcrops, both natural
and artificial, which provide habitat for marine life. An
artificial reef placed in the fill area of the Beach Nourishment
Project would become a permitting issue for future nourishments.
Two approaches are available to address an artificial reef in
light of the Beach Nourishment Project.
1) Locate the snorkel park outside the project limits to avoid
permit problems. This would place the artificial reef
seaward of the toe of slope of the fill area at the time of
each nourishment. The landward side of the artificial reef
Page 2
would be approximately 400 offshore .immediately after
placement of beach fill, and approximately 650 offshore
just before the next fill placement. The depth of water at
the artificial reef would be 10 - 12 feet.
2) Establish a buffer around the artificial reef if located
inside the project limits. Permit requirements dictate
that a 200 foot buffer be provided around rock outcrops
within the fill area. In the buffer area, no fill is
dredged or placed, and pipelines are excluded. The
artificial reef could be placed in the desired location by
redesigning the Beach Nourishment Project to accommodate
the reef and buffer areas. The snorkel park could then be
located approximately 300 feet seaward of the average mean
high water line in about 8 feet of water. This would
result in less advance fill placed in approximately
one-quarter mile of the beach, providing less storm
protection for that area, and requiring more frequent fill
placement.
Another consideration related to the beach nourishmen~ project
is that of permitting. An artificial reef would require a
permit from the Department of Environmental Protection. The
structure would be considered as a breakwater,and would be
required to have a low profile so as not to interrupt the
movement of waves and littoral processes. A low profile
structure may not be attractive to users. In additions, the low
profile may cause the artificial reef to be alternately covered
and uncovered by the natural sand movement, further reducing its
attractiveness as a recreation resource.