The URL can be used to link to this page

01-26-93 Regular . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 26. 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commissio~ retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter wi thin the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2 . SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly 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, for the record, your name and address. All comments will 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 from speaking further to the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. . , . City Cow.mission Regular Meeting 1/26/93 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 or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. AGENOA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. s.ylAPproval of Minutes: Special Meeting of January 5, 1993 Special Meeting of January 8, 1993 Regular Meeting of January 12, 1993 6. Proclamations: A../ PTA Week - February 14 through 20, 1993 B./ National Afro-American History Month - February 1993 C.J American History Month - February 1993 7. Presentations: .J A. Second Annual Holiday Toy Drive Committee, in recognition of: - Searcy Denney Scarola Barnhart & Shipley, P.A. - Office Depot - Dan Burns - Leadership Cablevision and presentation to Parks & Recreation Department 8. Consent Agenda: City Manager recommends approval. A. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff to submit a grant application to the Small Business Administration Tree Planting Program for funding to provide a treescape for Martin Luther King Jr. Drive. -2- . , . City Commission Regular Meeting 1/26/93 B. AUTHORIZATION FOR PALM BEACH COUNTY SUPERVISOR OF ELECTIONS TO HANDLE/CANVASS ABSENTEE BALLOTS ANO REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR FIRST NONPARTISAN AND SPECIAL ELECTION: Authorize Supervisor of Elections to handle/canvass the City's absentee ballots and represent the City's canvassing board at L&A tests for the March 9, 1993 election. C. APPROVAL OF LIST OF POLLWORKERS FOR MUNICIPAL ELECTION: Oirect the City Clerk to select a sufficient number of clerks and inspectors from the list of pollworkers to conduct the March 9, 1993 municipal election pursuant to Section 34.02 of the Code of Ordinances. D. DENIAL OF REOUEST FOR CONDITIONAL USE MOOIFICATION/GELCO: Deny the request from Gelco Space for a major modification to the conditional use for property located between N. Congress Avenue and the E-4 Canal. E. CHANGE ORDER NO. 2/BIMECAP CONSTRUCTION. INC. : Approve a change order in the amount of $2,365 and which extends the contract completion date by 16 days for sidewalk revisions in front of the City Attorney's office and substitution of plywood with styrofoam to prevent waffling effect over truss straps; with funding from 1987 Utility Tax - Renovate City Attorney's Office (Account No. 333-1651-514-61.50). }F. RESOLUTION NO. 6-93: A resolution assessing the cost for abatement action necessary to board up an unsafe structure at 590 N.W. 46th Avenue. JG. RESOLUTION NO. 7-93: A resolution assessing the cost for abatement action necessary to demolish an unsafe structure at 1119 N.W. 1st Street. JH. RESOLUTION NO. 8-93: A resolution assessing the cost for abatement action necessary to board up an unsafe structure at 415 N.W. 2nd Street. II. RESOLUTION NO. 9-93: A resolution assessing the cost for abatement action necessary to demolish an unsafe structure at 1013 S.W. 8th Avenue. jJ. RESOLUTION NO. 10-93: A resolution assessing the cost for abatement action necessary to demolish an unsafe structure at 1005 Miami Boulevard. K. RESOLUTION NO. 11-93: A resolution assessing the cost for abatement action necessary to remove nuisances from 12 properties located within the City. L. AWARD OF BIDS AND CONTRACTS: 1. Office Supplies (Term Contract) - Joyce Office Products Center in the estimated annual amount of $38,600 with funding -3- . . City Commission Regular Meeting 1/26/93 from All Funds 51. 10 (Stationary/Paper) and All Funds 51.20 (Office Equipment. 2 . Three ( 3 ) Motor Cycles (via State Contract) - Police Department - Harley Davidson of Miami in the amount of $20,460 with funding from Garage Automotive (Account No. 501-3312-591.54.20). 3. Police Uniforms (via City of Boca contract) - Police Department - Martin's Lamar Uniform in the estimated annual amount of $30,000 with funding from Admin. Uniforms (Account No. 001-2111-521~52.22), Support Uniforms (Account No. 001-2113-521-52.22), Invest. Uniforms (Account No. 001-2115-521-52.22) and Patrol Uniforms (001-2117-521-52.22). 4 . Lime Sludge Disposal - Environmental Services - Pavex Corporation in the amount of $1. 18 per cubic yard with funding from Water and Sewer - Other Contractual Services (Account No. 441-5122-536-34.90). @ THIS ITEM HAS BEEN REMOVED FROM THE AGENDA k /lddE/1at./n jN. AGREEMENT WITH SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD: Approve an agreement with the SCRWTD Board or the expansion of the Dechlorination System at the Boy Scout ut on Lake Ida Road. 9. Reg:ular Agenda: j A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period January 11, 1993 through January 22, 1993. B. ACCEPTANCE AND PLACEMENT OF DONATED SCULPTURE/PINEAPPLE V GROVE: Consider accepting a sculpture by Robert Palazzi donated to the Pineapple Grove District; and, consider the Pineapple Grove Support Group's recommendation to place the sculpture on either the corner of 2nd Avenue and 2nd Street or on the corner of Atlantic Avenue and 2nd Avenue. /C. GOLF COURSE CLUBHOUSE PROPOSAL. (/0 f7H's) ",_.." - ~ D. RESOLUTION NO. 12-93: A resolution calling for a Special Election to be held March 9, 1993. QD THIS ITEM HAS BEEN PULLED FROM THE AGENOA 10. r f.. (;. -..&.u... fh:Jd tU1 ou..m Public Hearings: /A. ORDINANCE NO. 1-93: An ordinance rezoning a portion of Abbey Delray South from RL (Low Density Residential) zone district to CF (Community Facilities) zone district. Planning and Zoning Board recommends approval. -4- . ' . city Commission Regular Meeting 1/26/93 ~ OROINANCE NO. 3-93: An ordinance amending the 5 Year Schedule of Capital Improvements as contained in the j Comprehensive Plan to accommodate a drainage capital improvement to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor. j C. ORDINANCE NO. 4-93: An ordinance amending Section 4.4.5(B) to provide for a prohibition on the installation of new private irrigation wells or reconditioning of existing private irrigation wells to a greater depth within Wellfield Protection Zones 1 and 2 of the 20-Series Wellfield. City Manager recommends approval. I D. DONATION OF PROPERTY TO HABITAT FOR HUMANITY: Approve the . the donation of City owned property located on S.W. 7th Avenue to Habitat for Humanity. 11. Comments and Inquiries on Non-Agenda Items from the pQblic-Immediately following Public Hearings. ~ . City Manager's response to prior public comments and ~nqu~r~es. B. From the Public. 12. First Readings: A. ORDINANCE NO. 5-93: An ordinance amending the Land Development Regulations pretaining to the flying of Flags. If passed public hearing February 9th. B. ORDINANCE NO. 6-93: An ordinance amending Section 37.15 of the Code of Ordinances to provide for the reduction of the number of alternate members of the Code Enforcement Board. City Attorney recommends approval. If passed public hearing February 9th. . C. OROINANCE NO. 7-93: An ordinance correcting the zoning for a 4.32 acre parcel of land located on the west side of Federal Highway, south of Linton Boulevard (Dan Burns Oldsmobile) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district; and correcting the Official Zoning Map. Planning and Zoning Board recommends approval. If passed public hearing February 9th. D. OROINANCE NO.8-93 An ordinance amending the Code of Ordinances to prohibit parking on City maintained rights-of-way or swale areas except for temporary emergency purposes. Planning and Zoning Board recommends approval. If passed public hearing February 9th. E. THIS ITEM WAS REMOVED FROM THE AGENDA -5- . . City Commission Regular Meeting 1/26/93 F. ORDINANCE NO. 10-93: An ordinance amending the Land Development Regulations .to require all single family residential properties to comply with minimum landscape requirements by a specified datej and, allowing existing single family properties to have a. manual irrigation system. Planning and Zoning Board recommends approval. If passed public hearing February 9th. G. ORDINANCE NO. 11-93: An ordinance amending Appendix A of the Land Development Regulations by amending the the definition of "Family". Planning and Zoning Board recommends denial (4-1 vote). If passed public hearing February 9th. ORDINANCE NO. 12-93: An ordinance amending the Land M~velopment Regulations to provide additional variance criteria for Historic Sites. Planning and Zoning Board recommends approval. If passed public hearing February 9th. I. ORDINANCE NO. 13-93: An ordinance amending the Land Development Regulations by amending Section 4.4.24, Old School Square Historic Arts District (OSSHAO) Zone in its entirety. If passed public hearing February 9th. J. ORDINANCE NO. 14-93: An ordinance amending the Land Development Regulations to require payment of in-lieu of parking fees in the Old School Square Historic Arts District when required parking cannot be achieved. If passed public hearing February 9th. K. ORDINANCE NO. 15-93: An ordinance amending the Land Development Regulations to allow life guard facilities as an ancillary use in the OS (Open Space) zone district. The Planning and Zoning Board recommends approval. If passed public hearing February 9th. L. ORDINANCE NO. 16-93: An ordinance amending the Land Oevelopment Regulations to provide for a reduction in the rear setback for duplexes in the RL (Low Density Residential) and RM (Medium Density Residential) zone districts from 25 feet to 15 feet. Planning and Zoning Board recommends approval. If passed public hearing February 9th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- , . . CITY OF OELRAY BEACH, FLORIOA - CITY COMMISSION REGULAR MEETING - JANUARY 26, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENOEO TO INCLUOE: 8.M. DISMISSAL OF COUNTERCLAIM/KETTELHUT VS. CITY OF DELRAY BEACH. Authorize staff to dismiss the City's counterclaim in the matter of Kettelhut vs. City of Oelray Beach. City Manager recommends approval. THE REGULAR AGENOA IS AMENDEO TO INCLUDE: 9.E. CHANGE ORDER NO. l/ASPHALT CONSTRUCTION OF PALM BEACH, INC. Approve a change order to the original contract for the N.W. 10th Avenue Extension/Spady Access Project to Asphalt Construction of Palm Beach, Inc. , in the amount of $82,660.26; with funding from Stormwater Utility Fund - Northwest Drainage Area Project (Account #448-5411-538-62.11) . City Manager recommends approval. 9.F. CHANGE ORDER NO. 2/HARDRlVES, INC. Approve Change Order No. 2 to the contract with Hardrives, Inc. for the 1992 Street Resurfacing Program, in the amount of $188,899*; with funding from Capital Outlay/Street Reconstruction (Account #225-3162-541-61.17) . City Manager recommends approval. *$100,000 is an approximate figure; a final estimate will be provided at the January 26, 1992, meeting. -t qq. 313.00 9.G. PURCHASE OF FURNITURE FOR TENNIS CENTER/BUDGET TRANSFER REQUEST. Approve the purchase of furnishings for the tennis center clubhouse from J.C. White in the amount of. $14,935.251 with funding from Tennis Center - Furniture/Fixtures (Account #001-4124-572-64.10), subject to approval of accompanying budget transfer. City Manager recommends approval. , ' . . . - CITY OF OELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 26, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM 12 THE REGULAR AGENPA IS AMENDEO TO INCLUDE: 9.H. TENNIS CENTER UPOATE. 9.I. DIRECTION CONCERNING INCREASING RETIRED POLICE AND FIRE PENSIONS. 1 , I . .,..... I [ITY DF DELRA' BEA[H 100 NW 1st AVENUE DELRAY BEACH. FLORIDA 33444 ..107 ':>~J- 7':00 PROCLAMA TION WHEREAS, the National PTA is the oldest and largest parent-teacher association in the nation; and, WHEREAS, studies have proven that parent involvement leads to better education of children; and, WHEREAS, the PTA provides the most effective means of participating in children's education; and, WHEREAS, the PTA is an organization for all people dedicated to the well-being of children; and, WHEREAS, the PTA can teach parents and teachers how to make a difference in the lives of their own, and all, children; and, WHEREAS, National PTA Founders Day has been celebrated on February 17 since its founding in 1897. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of De1ray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of February 14 through February 20, 1993, as "PTA WEEK" in the City of De1ray Beach, and encourage all citizens to learn how they can get involved in our children's education. 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 26th day of January, 1993. MAY 0 R , THOMAS E. LYNCH ( , '- I I ~ A . . r' , [ITY DF DELIAY BEA[H 100 NW, 1st AVENUE DELAAY BEACH, "LOAIQA 33444 -l-J ~ :..1- PROCLAMA TION WHEREAS, National Afro-American History Month will be observed across America and abroad during February, 19931 and, WHEREAS, the National theme of this year's observance will be "Afro-American Scholars: Leaders, Activists, and Writers"; and, WHEREAS, this observance alludes partly to Afro-American scholars having to play a broader role as a leader of his race and activist and writer in his community than most other scholars. He has had to emerge from the ivory towers of academe to do battle in the struggle for rights and to overcome oppression; and, WHEREAS, this observance will also provide an opportunity for students and the lay public to study how Afro-American scholars brought to their work a sensitivity developed from having to do battle to gain acceptance as scholars and to rise above perceptions of color that erect barriers, to them, that scholars of the majority group seldom face. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of February, 1993, as "NATIONAL AFRO-AMERICAN HISTORY MONTH" in the City of Delray Beach, and urge all citizens to recognize this event and participate fittingly in its observance. 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 26th day of January, 1993. MAY 0 R THOMAS E. LYNCH \ ~ " - " ':':' loB , . ...... [ITY DF DELIAY BEA[H 100 N W 1st AVENUE OELRAY BE,l,CH "LORIOA 33444 .,J; :.]':C'J PROCLAMA TION WHEREAS, the National Society Daughters of the American Revolution sponsor February as American History Month each year; and, WHEREAS, to stimulate a knowledge in both young and old and a sense of pride in our Nation's great achievements and dedication to liberty; and, WHEREAS, to stress pride in the United States of America through community services in educational programs, essay contests and historic tours; and, WHEREAS, through the study of American History are we made aware of the importance of Freedom, Equality, Justice and Humanity in all our lives today; and, WHEREAS, the importance of remembering American History should be duly noted. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of February, 1993, to be "AMERICAN HISTORY MONTH" in the City of Delray Beach, and urge all citizens to join with me in recognizing the importance of AMERICAN HISTORY MONTH in our lives. 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 26th day of January, 1993. MAY 0 R " THOMAS E. LYNCH " 1 I . (,1'1 I ~~ , . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfjjv) SUBJECT: AGENDA ITEM # SA - MEETING OF JANUARY 26. 1993 AUTHORIZATION TO SUBMIT GRANT APPLICATION DATE: January 22, 1993 This item is before you to authorize staff to submit a grant application to the Small Business Administration Tree Planting Program in the amount not to exceed $15,000 in order to provide a treescape along Martin Luther King, Jr. Drive. As there is a short filing date for this application, February 5, 1993, staff has not developed the conceptual plan for this proposal. Once the plan is completed, this item will be brought before the Commission for approval and designation of a funding source for the City's required match. Recommend staff be authorized to submit a grant application to the Small Business Administration Tree Planting Program in the amount not to exceed $15,000 in order to provide a treescape along Martin Luther King, Jr. Drive. I . . , Agenda I tern No.: ''-GENOA REQOEST Date: 1/21/93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 1/26/93 Description of agenda item (who, what, where, how much): Authorization to submit grant application through tree planting program ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature. ~ ~~A Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: @/ NO t1rv( ~X- , k " Approved for agenda: I ; /: ---r ,: .. / . ~~\~~~ J~" c~};::~\ Hold Until: i tL-~' k: ( ~ t;;:- - /~ ','7"" i ~cf ' . lve ~ '. tA'rv"-- A~ '. Agenda Coordinator Review: f~~-r:C. &1~~ C~h~~Y (~~,,-\ Received: ..-n" [" ~ Lcv~ ~~t:, t"^~~. Action: Approved/Disapproved foV" t( ~. , ~l, . '1<'C>(f \1.0:'-" ) .-'!> I ..',-.. ", "'\ >. . . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT W RE: AUTHORIZATION TO SUBMIT GRANT APPLICATION THROUGH TREE PLANTING PROGRAM DATE: JANUARY 19, 1993 ITEM BEFORE THE COMMISSION - - Approval of Staff request to submit application for grant funding through the Department of Agriculture's Small Business Administration Tree Planting Program to fund a street tree planting project for Martin Luther King, Jr. Drive. Grant application must be received by the SBA by February 5, 1993. BACKGROUND For the past few years, the SBA has provided matching funds for projects that emphasize the planting of trees by employing small businesses. Projects which are eligible are projects which would otherwise not have been funded without the Grant. The final approval of applications generally occurs in late October. The City would have to include matching funds in the '93/'94 budget for this project. The City would like to propose a street tree planting plan for Martin Luther King, Jr. Drive. Although the designation officially extends from N.E. 7th Avenue to N.W. 14th Street, due to physical constraints and D.O.T. permitting needed along Federal Highway, it seems appropriate to include the area from Swinton Avenue to at least Pompey Park, or all the way to N.W. 14th Street if the funds are available. At this point in time, plans have not been designed, but we hope to be able to plant trees between the pavement and the sidewalk every 50 to 60 feet. Plans and estimates will be submitted for your review and approval well in advance of budget secessions so as to identify the funds needed. RECOMMENDATION Staff is recommending that the City Commission give their approval for submission of an application for grant funding through the Small Business Administration's Tree Planting Program. The City would have to include matching funds in the '93/'94 budget. . , PROPOSAL # RFP/DF-92/93-25 OPENING DATE: FEB. 5, 1993-2:30 PM CHECKLIST l. The entire Request For Proposal (RFP) has been read. 2. State of Florida RFP Acknowledgement Form PUR 7033 (Page 1 and 2) completed and signed. 3. Florida Application Form (Attachment I) completed and signed. 4. Detailed Itemized Budget Summary. 5. Three (3) year Care and Maintenance Plan. 6 . Three to five color prints of the planting site. 7 . A location map. S . A detailed planting sketch. 9 . Up to five letters of community support. 10. National Small Business Tree Planting Program: 1993 Local Application (Attachment II) complete and signed. 11. One original and six copies (including all attachments) of the entire proposal. 12. State of Florida Public Entity Crime Form PUR 7068. (Attachment X) signed and notarized. 13. State of Florida Drug Free Workplace - Bidder Certification (if applicable) (Attachment VII). 14. State of Florida Minority Certification Form (if applicable) (Attachment VIII). SUBMITTAL REQUIREMENTS AND THE DEADLINE DATE AND TIME ARE PROVIDED IN SECTION II.B.2 OF THIS RFP. -16- '. ' PROPOSAL 'RFP/DF-92/93-25 OPENING DATE: FEB. 5, 1993-2:30 PM ATTACHMENTS I I I. Florida Application Form I II. National Small Business Tree Planting Program: 1993 Local Application I III. List of Division of Forestry County Contacts i I IV. Grant Agreement (Urban) V. Grant Agreement (Rural) VI. Tree Planting and Maintenance Guidelines VII. State of Florida Drug Free Workplace - Bidder Certification VIII. State of Florida Minority Certification Form l I IX. Notification of Vendor Ombudsman X. State of Florida Public Entity Crime Form PUR 7068 XI. Federal Register 13 CFR, Parts 121 and 125 XII. OMB Circulars (A-21, A-87 and A-122) : -17- cO ATTACHMENT I FLORIDA APPLICATION FORM Page 1 of 1 1993 SBA NATIONAL SMALL BUSINESS TREE PLANTING PROGRAM PROJECT INFORMATION l. A) Street Address (Project): I B) Describe the specific location of the planting project: C) Section Township Range County I I D) Is the project site located in Dade County, South of SW 136th Street? (Yes or No) ATTACH THE FOLLOWING TO EACH COpy OF THE PROPOSAL -- (1) Three (3) to five (5) color photos of the planting site. (2) A Project location map. (3) A detailed planting sketch. Site factors which influence long-term survivability should be considered: overhead I i and underground utilities, sidewalks, signage conflicts, traffic visibility, lightpoles, etc. Please include a directional arrow and approximate scale. 2. Who owns or controls this property? IF THE PROPERTY IS NOT PRESENTLY OWNED BY THE APPLICANT, DOCUMENTATION FROM THE OWNER AUTHORIZING THE APPLICANT TO PLANT AND MAINTAIN THE PROJECT FOR THREE (3) YEARS MUST BE SUBMITTED AS A PART OF THE PROPOSAL. 3. Describe how the project benefits: A) The Public: 1 I, \ 18 " AT1ACrlMENl 1 Page 2 of 1 B) The Environment: I I 4. SPECIES DIVERSITY. NATIVE INDIGENOUS SPECIES AND SITE LIMITATIONS SHOULD BE CONSIDERED WHEN PLANNING YOUR PROJECT. A) Quantity and species of trees and/or palms: Quantity Species Height , i B) Type planting stock (bareroot, ball and burlap, container): , , C) Approximate age of trees to be planted: D) Site acreage or linear feet of right-of-way: 5. Describe how you will maximize the use of small businesses to implement this project (please be specific): 6. The care and maintenance for a three (3) year period after project implementation is a vital part of the program. Who will provide the required three (3) year care and maintenance for the planting project? 19 I I , ..c. J....J.:..,lil........L... ...........,.L .J.. i Page 3 of 1 7. Please give the name(s) of the person(s) who will be representing the applicant in supervising the planting and maintenance: Qualifications and Experience: 8. Project Costs: (Costs should be rounded to the nearest dollar). (A) (B) Requested Grant $ Local Match $ Trees Contract Planting Planting Materials Related Expenditures ******************* First year of Care ******************* and Maintenance TOTAL REQUESTED (Column A) TOTAL LOCAL MATCH (Column B) TOTAL PROJECT COSTS (Add Columns A&B) A DETAILED ITEMIZED BUDGET SUMMARY MUST BE SUBMITTED WITH EACH COPY OF THE PROPOSAL. ALL COST ESTIMATES LISTED ABOVE MUST BE EXPLAINED. BE SPECIFIC. 20 " ........ .... "'l................. ..._..~.. __ Page 1 of 2 NATIONAL SMALL BUSINESS TREE PLANTING PROGRAM " I '993 LOCAL APPLICATION Name of State: LocalGovernment (or Legal Non-Profit Entity.) Contact Person Name: - Title: Address: Phone: Trees will be planted on non-federal land owned or controlled by: Population: A. Amount of Grant requested $ B. Local Match: In-kind (personnel) $ C. Local Match: Cash (payments to contractors) $ D. Total Local Match for this project: $ E. Total project cost: $ [8 & C must equal D. A & 0 must equal E.] Anticipated number of small businesses to be contracted with for this proposal: i , , Planting Tree Purchases (if different from those planting) Other (Maintenance, etc. If different from plpnting or purchasing) _ Total Number of trees to be planted for this project: Street/Park Trees Rural Seedlings (12" tall) (' -3 yr's old) Number of trees that would be planted on this project if .!J.Q S8A money is receiv~d: _ I Project Objective: ! 22 '.' , ...)..... ..L:..........o.- ...0..-...... ..... I Page 2 of 2 Location of Project *: .See attached map. Trees to be planted: \ Soecies ~ Number of Trees Total Trees: Note: Each application must accommodate the three year care and maintenance requirement of the regulations. Care and maintenance includes but is not limited to: watering, pruning, mulching, fertilizing, weed and grass control, and insect and disease control. As designated representative of said applicant, I hereby agree to implement this project according to the attached cost and technical proposals and to abide by the provisions of the Small Business Administration regulations 13 CFR Parts 121 and 125 for this program. Signature Date . Other legal entities must obtain approval from the appropriate State or local government for this project. 23 " ' MEMORANDUM TO: MAYOR ANO CITY COMMISSIONERS FROM: CITY MANAGER te/--I SUBJECT: AGENDA ITEM # 88 - MEETING OF JANUARY 26. 1993 AUTHORIZATION FOR PALM BEACH COUNTY SUPERVISOR OF ELECTIONS HANDLE/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR FIRST NONPARTISAN AND SPECIAL ELECTION OATE: January 22, 1993 This item is before the Commission to authorize Jackie Winchester I Supervisor of Elections for Palm Beach County, to handle the City's absentee ballots for the March 9, 1993, First Nonpartisan and Special Election. The Supervisor of Elections' office is equipped with a computerized system for monitoring requests for ballots, distribution, accounting for unreturned ballots as well as electronic signature verification. Their office coordinates all requests for absentee ballots, including those mailed and those done on a walk-in basis, completes all required verifications and register recordings, and also insures that the absentee ballots are held in safekeeping prior to canvassing. Mrs. Winchester should also be authorized to represent the city at the canvassing of the absentee ballots. It is further recommended that the Supervisor of Elections be designated to represent the City's canvassing board at the Logic and Accuracy (L&A) testing of the electronic tabulating equipment. The L&A tests will be conducted on Friday, March 6, 1993, at 10:00 a.m., as well as on election day both before and after counting of the ballots, at both the South County and West Palm Beach election office sites. Recommend the Supervisor of Elections for Palm Beach County be authorized to handle/canvass the City's absentee ballots for the March 9, 1993, First Nonpartisan and Special Election, and also be designated to represent the City at the requisite Logic and Accuracy testing of equipment. '. . . . MEMORANOUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f'/- I '- I SUBJECT: AGENDA ITEM i He - MEETING OF JANUARY 26. 1993 APPROVAL OF LIST OF POLLWORKERS DATE: January 22, 1993 This item is before you to approve the list of pollworkers for the First Nonpartisan and Special Election on March 9, 1993 and to direct the City Clerk to select a sufficient number of clerks and inspectors from the list to work during the election, pursuant to Section 34.02 of the Code of Ordinances. The list of pollworkers is attached for your information. Recommend approval of the list of pollworkers and that the City Clerk be directed to select a sufficient number of clerks and inspectors from the list to work during the First Nonpartisan and Special Election on March 9, 1993. . . . , . LIST OF ELIGIBLE . POLLWOP~ERS -. Elaine K. Moran David Forest Kay Finch Alice Glassman Viola Hinch~iffe Alice Schultz Jean Nowlin Harold Eder Mary Priest Eve Harmel William Krebser Irving Jacobson Robert Morgan Lenora Thomas Bernard Silverman Charles Broadnax Ruth Silverman Gwendolyn Green Arlene Kantor Lillian Phillips Angela Quaranta Herbert Woodside Walter Chaitkin Edith Brunner Sidney Soloway Edith Moses Hattie Soloway Irving Moses Mildred DeFoe Mary Michaud Gerald DeFoe Jerome Rakov Evelyn Dawson Regina Jones Alfonso Bisogno Shirley Brody Raymond Gabel Richard Brown patricia Kelly Mattie Brown Helen Kume Emily Burgess Graham Annie Sloan Minnie Stokes John Sloan, Jr. Yvonne Baine Rena Gregory Sarah James Agnes Jiggins Deborah Bostwick Cora Messer George Moran Eleanor Anderson David Schoenhofer Joseph Vytell Helen Carannante Rose Barletta Edward Stern Beatrice Cofman Rita Lamparski Frances Colla Libby Simonowitz Claire Seifert Joyce Stone James Bloomer Murray Kalish Marjorie Billings Alfred Pilson Carole DeMarco Frances Jacobson Michael DeMarco Doris Land Lilyan Kanir Ruth Nichols Lynn Abdela Shirley Cohen Helen Welber Victor Gershek Lillian Rosenfeld Joseph Sanders Ruth Gursky . Saul Solow Milton Schwartz Leonard Eisenberg Irene Cantor Martin Himrnelfarb Harold Cantor Mary Pluese Alexander Williger Roselyn Waldman Leon Forman Sally Simpson Sylvia Albert Bella Himmelfarb Rosalyn Thomas Victoria Grarnbow .Mary Howard Norma Robertson Ellen Mason Helen Summers '. . . ' - LIST OF ELIGIBLE POLLWORKERS (CONT.) Hallie Worthing Milton Legat Frances OePasquale Delena Leqat Frances Humphreys Mitchell Sacks Arnold Waldman Mabelle London Mary Pleuse Roselyn Waldman Nicholas Contini William Rosenzweig Ed t Rothberg Jerrold Zucker Samuel Rothberg Rina Fidel Elizabeth Mayell Louise Minasi Gene Brugger Louis Rizzuto Madelyn Rakov Leo Kierstein Irwin Ives Ann Kierstein Helen Ives Paul Garber Harriet Mandell Edmund Short Mary Maus patricia Goodwin Barbara McAndrews Constance DeMarco Gertrude Stern Jean Sirdi Florence Starr Bernice Bilow Herman Feldman Shirley Zipkin Esta Gotz Ethel Kretsky Rosalind Sloane Henry Endy Lillian Greenhut Bertha Papernik Martha Swem Frances Rosenzweig Max Shpack John Dini Myra Sacks Dorothy Murtha Wallace Woodbury Herbert Goodman Joan Masino . ' . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt)/;V'( SUBJECT: AGENDA ITEM i ~:p - MEETING OF JANUARY 26. 1993 DENIAL OF REOUEST FOR A MAJOR MOOIFICATION TO CONDITIONAL USE/GELCO DATE: January 22, 1993 This item is before you to deny the request for a major modification to the approved conditional use for Gelco Space, thereby formally closing out the file on this application. The Planning and Zoning Board at their July 20, 1992 meeting recommended approval of the proposed modifications, subject to conditions. One of the conditions required Gelco Space to acquire authorization from the property owner prior to consideration of this item by the City Commission. As the necessary authorization was not provided, and Gelco Space has since vacated the premises, staff is recommending that the Commission formally deny the request. Recommend denial of the request for a major modification to the approved conditional use for Gelco Space. . , . ti( p7L1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: VID T. HARDEN, CITY MANAGER \ .'~ Jk\..)~ THRU: J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: DrANE DOMrNGUE~~ ~~ PLANNER III SUBJECT: MEETING OF JANUARY 26, 1993 CLOSURE OF FILE ON REQUEST FOR A MAJOR MODIFICATION TO AN EXISTING CONDITIONAL USE AND ATTENDANT SKETCH PLAN FOR GELCO SPACE, N. CONGRESS AVENUE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of denial of a major modification to an existing Conditional Use and attendant sketch plan for Gelco Space. The purpose of the action is to formally close out the file on this request. The subject property is located between N. Congress Avenue and the E-4 Canal, approximately 500 ft. north of N.W. 1st Street, and contains approximately 2.62 acres. BACKGROUND: On July 10, 1991, the Code Enforcement Division issued a Violation Notice to Gelco Space, Inc. for storing trailers on the parcel of land immediately south of and adjacent to the approved Gelco site (Site "A" on attached sketch) . Gelco had expanded their use without receiving the proper approvals (i.e. site plan and conditional use approval). On May 28, 1992, an application for a modification to Gelco's Conditional Use approval was submitted. The development proposal was to formally expand the Gelco Space facility onto approximately 1.02 acres to the south (Site "B") . The application was deficient in certain technical aspects, including formal authorization by one of the property owners who was travelling abroad. In order to keep the project on line, staff agreed to continue processing the request while the applicant and the agent worked to obtain that authorization. . , . City Commission Documentation Meeting of January 26, 1993 Gelco Space Page 2 On July 20, 1992, the Planning and Zoning Board held a public hearing in conjunction with review of the request. The Board voted (7-0) to recommend that the Conditional Use modification be approved subject to numerous conditions. One 0 f the conditions required that the owner's authorization be obtained prior to consideration of the item by the City Commission. The necessary authorization was not provided, and Gelco Space has since vacated the premises. Notice had previously be given to the agent of the necessity to provide information in a timely manner. Since the information has not been provided, it is now appropriate to formally close out this file. RECOMMENDED ACTION: By motion, deny the Conditional Use modification to expand Gelco Space. Attachments: * Exhibit IIAII (Site/Sketch Plan) * Letter to the project agent DD/CCGELCO.DOC . ' . r ('" SS3?fJ""'();} _-9fJ 1'13 ^J1 - - - , r:." ~ ~ -- - - JI'n. -L- -- - rr ~..- -. . ......-- .' - ~ .- , .- t I I I I 'I I II J II I J I f: I if I I \i I 1 \~ I I I ~ I i: .. ; \b ~ I i \I I i ..J 1.1 r "- ~ ,ftjiL.:.!: i ~ ~ oj . .. . ..~ ".. , I I . ',' ... /'1 I'.... '/.-'", I V) ~ . .....:.:. -.... .. I I ~ 0 ~ I 1 t .- J I ~ 0 lei ~ .. lit I ~ I ~u i-~ -, z J-- - . 0 - - . ~ H tf.l I I , ii ~ I H . P- I ~ : H I 0 IliU 0 I , I P::l I P " tf.l n'o. hh 1\1 -~ . - ~ I ( rz.. I ~ i H . 0 I ]I V) I :3 I I Ii 1 II , . I a , w . . I =<1 .. ~ fa " ! i u ? i ~ . a w ~ ~ I . . ( .. !< t: . 'lit I . - ..... I en ~ H , ~ 0 I H J I 0. .' . h I ! I . I .. --- ~ .. ~ J .. I-~I .( r I I , I I I J I i I \ ,II' I J I I . I II j : i I I J I ! I . J I . . r I I '. I I J . I Ii f . " I I I I I I ; ......, 1 i , ; i , I ; , I I ~ I !t .' , [ITY DF DELIAY BEA[H 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000 July 14, 1992 Mr. Digby Bridges Digby Bridges, Marsh & Associates 124 N.E. 5th Avenue Delray Beach, FL 33483 Re: Submission Requirements for the Ge1co Conditional Use Dear Digby: As you are aware the code requires that a conditional use application must be certified as complete prior to consideration before the Planning and Zoning Board. The conditional use request for Gelco, remains deficient with respect to several significant items, most notably, proper authorization from the owners of the Sendzimir property (please refer to my letter of June 16, 1992) . While we will allow this petition to proceed to the July 20th Planning and Zoning Board meeting, the petition will not be forwarded to the City Commission for action until all the submission deficiencies are provided. The petition will be placed "on-hold" pending its certification as complete. If the petition remains "on-hold" for a period of more than six months, the file will be closed and thus any subsequent development activity will necessitate a new application. If I can provide any further assistance, please do not hesitate to contact me at 243-7040. Sincerely, t.ao~~ ~ Jasmin Allen Planner I c: David J. Kovacs, Planning Director Diane Dominguez, Planner III Jeff Costello, Planning Technician II THE EFFORT ALWAYS MATTERS . ' . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {"?- ( SUBJECT: AGENDA ITEM it Ie - MEETING OF JANUARY 26. 1993 CHANGE OROER NO. 2/BIMECAP CONSTRUCTION. INC. OATE: January 22, 1993 This is a change order in the amount of $2,365 to the contract with Bimecap Construction, Inc. and which extends the contract completion date by 16 days for revisions to the City Attorney's Office Renovation project. The changes include revisions to the sidewalk in front of the City Attorney's office and substitutions of plywood with styrofoam to prevent the waffling effect over truss straps. Recommend approval of Change Order No. 2 in the amount of $2,365 and extending the contract completion date by 16 days to the contract with Bimecap Construction, Inc. with funding from 1987 Utility Tax - Renovate City Attorney's Office (Account No. 333-1651-514-61.50). .. , . . Exu /9 I j 'A I, . ' , CITY OF DELRAY BEACH ~ . CHANGE ORDER TO ORIGINAL CONTRACT . CHANGE NO. 2 PROJECT NO. 91-101 DATE' November 9, 1992 PROJECT TITLE' City Attorney's Office Exterior Renovation . TO CONTRACTOR, Bimecap construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND . COVENANTS. JUSTIFICATION, Construct sidewalk revisions on west side of R/W along NW 1st Ave and N sie of R/W along NW 2nd st. Delete sidewalk at existing driveway. Add irrigation, swale grading and sodding to accomodate new sidewalk and swale configuration. sawcutting pavement, pavement removal, existing sidewalk removal, grading for new sidewalk and new sidewalk construction are to be done by others. Add 1 LS x $1,100.00 Install styrofoam backing over turss straps in lieu of plywood prior to installation of finish stucco to eliminate "waffling" effect over straps. Add 1 LS x $1,265.00 -------- Total $2,365.00 ..--.... SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 79,399.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 3,507.50 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 82,906.50 COST OF CONSTRUCTION CHANGES THIS ORDER $ 2,365.00 ADJUSTED CONTRACT AMOUNT INCLUDING .THIS CHANGE ORDER $ 85,271.50 PER CENT INCREASE THIS CHANGE ORDER 3 \ -- TOTAL PER CENT INCREASE TO DATE 7 !Ii -- EXTENSION OF CONTRACT TIME' ALLOWED BY THIS CONT DAYS TO 12/6/92 CERTIFIED STATEMENT, I hereby certify that t included is, in my considered opinion, accu and Associates - TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA RECOMMEND, \~ By: Ralph E Hayden, City Engineer David T Harden, City Manager ATTEST, APPROVED, By' city Attorney City Clerk . . . . . . . . . TAB BY RHW 11/6/92 . Schedule A Sidewalk extension on NW 1st Ave From NW 2nd Ave to Cason Methodist Church b ---------------------------------------------------------------------------------- ITEM Item Description Approx Unit Price Amount NO Qty ---------------------------------------------------------------------------------- 1 4" Concrete Sidewalk 5000 SF N.I.C. 2 6" Concrete Sidewalk 1600 SF N.I.C. 3 Sawcut Pavement 180 LF N.I.C. 4 Pavement Removal 100 SY N.I.C. 5 Sidewalk Removal 900 SF N.I.C. 6 Sidewalk Excavation/Compaction 1200 LF N.I.C. 7 Swale Grading (@ City Atty Office) 160 SY $1.15 $184.00 8 Maintenance of Traffic 1 LS $350.00 $350.00 9 Layout 1 LS N. I. C. 10 Misc Removal Allowance 1 LS N.I.C. 11 Irrigation Extension (Bimecap) 1 LS $357.00 $357.00 12 sodding (Bimecap) 160 SY $1. 25 $200.00 ------------ Totals $1,091. 00 ============ 1 Change Order 2 Explanation attachment . Project: No. : 91-101 Project Name: City attorney's Office Exterior Renovations Change Item Order II No. Explanation .-. --- -:,-.~.~ --~"":-~-''!_---.:!'-.~-''!.~--~-- --- --.... -- ------ --. ----- ----.................................... -........ --...... 2 1 Owner requested - Sidewalk revisions along NW 1st Ave and NW 2nd St for tennis tournament overflow parking 2 2 Architect/Engineer design change. Rigid foam to cover the truss straps under the fascia in lieu of plywood prior to installing the stucco finish to minimize the "waffling effect". Thi~ substitution makes a more even appearance to the cornice detail at the fascia below the roof. , ' . .. . . , - c' ~ ~',. . . . I . M E M 0 R .A N 0 U M f DATE: gctober 30, 1992 TO: FROMe" e Miller PROJEOTs City Attorney Building Exterior Renovation City pro:iect'No. 91-101 DM & A project No. 92-901 BUBJECTr CHANGE PROPOSAL FROM BIMECAP - .- --,--~.__...._-_.- Attached i.s cost proposal #2 from Bimecap Construction for the above refe~e oed project. This proposal resulted from a discussion with the 'at cco subcontractor at our last site meeting. 'l'he suggestion w s to use rigid foam to cover the truss straps in lieu of plywood p ior to installing the stucco finish. The suggest! n is a good one, it will result in a more even appearancQ t the cornice detail at the fascia below the roof. The price is ver reasonabl~ and I racornrnend this be incorporated into the projeot. ".Please know if you have any questions about this proposal. , , . . BlMECAP ONSTRUCTION INC ;.,.J----,-.--...-- ,~.._---... ....' ,'--"."--' .-...,.., -.--.. .. . ......-...... -.. __., ..0...- I", .: .GENERAl CONTRACTO S STATE' LIceNSE' CG C0401~3 . . \ ! ; cost PROPOSAL ; COST PROPOSAL. H : 2 \ DATE : 10-2:'- I , PROJECT: CITY ATfORHEY.S OFFICt PROJrCl . 9J-10J EXIE~l REHOVATION i. OWHER : CJTY!OF OELRAV BCH. COHIRACTOR:UIHECAP CONST. INC. , ==:=====::===~== :=======:=:~r~=:~:~:=~==~'~:=~=;:=~~~~==:=:::===r===~~ , OESCRIP1I0H O~ P OPO$EO CHAWGE ; IHST^Ll 8TVROF'~R "ACkING OVER TRUSS STRA~S IH LIEU OF PLYWOOD PRIOR TO IHSTA~lATIOH Of fJNISH STUCCO. tos I BREAkDOWN '. : " TEHIAlS .._............. $ 36~.OO , L BOR . . . . . . . . . . . . . . . . 73~.OO ,6 . OVERHEAD............., 165.00 -----..---- : -...------- TOTAL ~OST OF ~Hl PROPOSAL MUHBER 1 .....S. 126~.OO , r i \ I I ( ; . , . i I 3040 H. CCJ..tI CL..l..U 8l. VI;) i BOCA M TCIi . 'L. ~U7 PHOOE (<4(7) :141.3691 r . '. , Ey~/di, T ~;f J/ Cumulative Change Order Summary . Project: No. : 91.101 Project Name : City attorney's Office Exterior Renovations Change Item Explanation Cost precent of Order # No. Original Contract .----.------------------------------------------------.-------------------------------------------------------- CITY REQUESTED CHANGES 2 1 Owner requested' Sidewalk revisions along N~ 1st Ave and N~ 2nd $1,100.00 St for tennis tournament overflow parking -----------------------------------------------------------------:====:====:==:==:====:= Total $1,100.00 1.40" ARCHITECT/ENGINEER DESIGN CHANGES 2 2 Architect/Engineer design change - Rigid foam to cover the $1,265.00 truss straps under the fascia in lieu of plywood prior to install ing the stucco finish to minimize the "waffl ing effect". This substitution makes a more even appearance to the cornice detail at the fascia below the roof. -----------------------------------------------------------------:======:====:====::==== Total $1,265.00 1.60" UNFORESEEN CONDITIONS 1 1 Unforeseen condition - Existing roof thickness was greater $3,507.50 due to several reroofs over previous roofs. This condition was not not apparent by visual inspection nor by review of the as.built information of the existing building. Roof removal required for proper installation of trusses. -----------------------------------------------------------------:=====:==:============= Total $3,507.50 4.41" Grand Total $5,872.50 7.41" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ufJ\ SUBJECT: AGENDA ITEM :It gop - MEETING OF JANUARY 26. 1993 RESOLUTION NO. 6-93 DATE: January 22, 1993 This is a resolution assessing costs for abatement action required to board up an unsafe building located on property at 590 N.W. 46th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $503.98 remains unpaid. Recommend approval of Resolution No. 6-93 assessing costs to board up an unsafe building located on property at 590 N.W. 46th Avenue. , ' . RESOLUTION NO. 6-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. I I WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty ( 30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 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 condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition 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 amount of as shown by the report of the City Manager of the City of Delray 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) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 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 assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, 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 has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) 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 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 six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived 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 certi- fied 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 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 199J. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 6-93 " ' NOTICE OF ASSESSMENT Date TO: N:ml'Y Grant ADDRESS: PO Box 9738. Pompano Beach. F1 33040 PROPERTY: 590 NW 46th Avenue, Delray Beach, F1 33445 LEGAL DESCRIPTION: North ~ of Lot 4, Block 3, Pine Trail Section One according to Plat Book 32, Page 58 of the official records of Palm Beach County, Fl. You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $503.98 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993. has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 11-9-92 that the Building Official has determined that a building located on the above-describeu property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and tllat the action would be initiatqd on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining, appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you ,...ere required to take the corrective action required by the decision qf the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appe~led the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on tIle above-described property on 12-1-92 at a cost of $503.98 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. " ' . . Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk , ' I, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER lfr/l SUBJECT: AGENDA ITEM # 8'(; - MEETING OF JANUARY 26. 1993 RESOLUTION NO. 7-93 DATE: January 22, 1993 This item is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 1119 N.W. 1st Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,598.20 remains unpaid. Recommend approval of Resolution No. 7-93 assessing costs to demolish an unsafe building on property located at 1119 N.W. 1st Street. '. , . . . RESOLUTION NO. 7-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land( s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the Ci ty Manager of the City of Delray Beach has, pursuant to Section 165.42 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 condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition 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 amount of as shown by the report of the City Manager of the City of Delray 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) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 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 wi th the same penal ties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, 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 has levied an assess-' ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) 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 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 six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived 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 certi- fied 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 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day .of , 1993. MAY 0 R ATTEST: City Clerk I ! i - 2 - Res. No.7-93 , ' NOTICE OF ASSESSMENT Date TO: Walter Scott, Walter Scott, Jr. Ethel Scott estate ADDRESS: PO Box 245, Rushville, NY 14544 PROPERTY: 1119 NW First Street, Delray Beach, FI 33444 LEGAL DESCRIPTION: S50' of Ella' of W135' of S~ of N~ of Lot 6 in Section 17, Township 4h, R>'Ingp 41 F.,qRt: You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of$?~qR 20 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993 , has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 8-6-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtainin& appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on tile above-described property on 12-3-92 at a cost of $2,598.20 which includes a ten percent ( 1Oi.) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. ., ' Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk , ' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtJft1 SUBJECT: AGENDA ITEM # ~H - MEETING OF JANUARY 26. 1993 RESOLUTION NO. 8-93 DATE: January 22, 1993 This is a resolution assessing costs for abatement action required to board up an unsafe building located on property at 415 N.W. 2nd Street. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $161.41 remains unpaid. Recommend approval of Resolution No. 8-93 assessing costs to board up an unsafe building located on property at 415 N.W. 2nd street. . , . ;, . ---- RESOLUTION NO. 8-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 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 condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition 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 amount of as shown by the report of the City Manager of the City of Delray a copy of which is . , . ~ . . '1 " " 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) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 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 assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, 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 has levied an assess~ ment against said property for the cost of abatement act~on regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6\) 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 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 six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived 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 certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cast of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session an this the day of , 1993. MAY 0 R ATTEST: li City Clerk " - 2 - Res. No.8-93 ., ' NOTICE OF ASSESSMENT Date TO: Fred D. McCoy ADDRESS: 4950 NW 15th Court, Miami, Fl 33142 PROPERTY: 415 NW 2nd Street, Delray Beach, Fl 33444 LEGAL DESCRIPTION: S150' of West 13.5' of Block 26, Town of Delray ac~ording to Plat Book 5. Page 64 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $161.41 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 12-10-n that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be inltiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining, appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Doard of Construction Appeals. You were given written notification,on that you were required to take the corrective action required by the decision qf the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. , The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on tIle above-described property on 12-11-92 at a cost of $161.41 which includes a ten percent (l0%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. , ' Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk , ' . ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t:01 SUBJECT: AGENDA ITEM i <6J:. - MEETING OF JANUARY 26. 1993 RESOLUTION NO. 9-93 DATE: January 22, 1993 This item is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 1013 S.W. 8th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $3,174.70 remains unpaid. Recommend approval of Resolution No. 9-93 assessing costs to demolish an unsafe building on property located at 1013 S.W. 8th Avenue. '. , . ' RESOLUTION NO. 9-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 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 condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition 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 amount of as shown by the report of the City Manager of the City of Delray a copy of which is , ' . j . 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) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 165.42 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 assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, 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 has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) 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 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 plac&d on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived 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 certi- fied 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 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk - 2 - Res. NO,9-93 ,. , NOTICE OF ASSESSMENT Date TO: Secretary of Housing and Urban Development Property u1spos1t:1on 5ecLlvu attn; \lilliam MeKee ADDRESS: 1320 S. Dixie Highway, Coral Gables, Fl 33146 PROPERTY: 1013 SW 8th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lots 12 and 13, Block B, Ridgewood Heights according to Plat Book 14. Page 44 of the official records of Palm Beach 'County, Fl. You, as the record owner of. or holder of an interest in. the above- described property are hereby advised that a cost of$3,174.70 by resolution of the City Commission of the City of Delray Beach. Florida, dated , 1993. has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 9-4-92 chat the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and tllat the action would be initiat~d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining, appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification.on that YOll ,,,ere required to take the corrective action required by the decision qf the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the deCision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to rf~o~! the unsafe condition existing on tIle above-described property on 12- - at a cost of $3.174.70 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County. Florida against the above-described property. " ' Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk , ' . MEMORANDUM TO: MAYOR ANO CITY COMMISSIONERS FROM: CITY MANAGER ZJft'1 SUBJECT: AGENDA ITEM j <6~ - MEETING OF JANUARY 26. 1993 RESOLQTION NO.l0-93 DATE: January 22, 1993 This item is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 1005 Miami Boulevard. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,810.50 remains unpaid. Recommend approval of Resolution No. 10-93 assessing costs to demolish an unsafe building on property located at 1005 Miami Boulevard. '. , . RESOLUTION NO. 10-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30 ) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 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 condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition 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 amount of as shown by the report of the City Manager of the City of Delray 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) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 165.42 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 assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, 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 has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) 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 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 pla~ed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived 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 certi- fied 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 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk - 2 - Res. No 10-93 , ' NOTICE OF ASSESSMENT Date TO: United States of America c/o Lynn Sunnners ADDRESS: 155 s. Miami Avenue, suite 600, Miami, FI 33130 1005 Miami Boulevard a/k/a 200 SE 10th Street, Delray Beach, Fl 33444 PROPERTY: LEGAL DESCRIPTION: Lots 23-24-25, Block 6, Silver Terrace according to Plat Book 11, Page 61 of the official records of Palm Beach County~ Fl. You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $2,810.50 by resolution of the City Commission of the City of De1ray Beach, Florida. dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 9-9-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and tl,at the action would be inttiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining, appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decl~ion of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision qf the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on tIle above-described property on 12-18-92 at a cost of $2,810.50 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. , ' Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk " ' I, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8M SUBJECT: AGENDA ITEM # ftK - MEETING OF JANUARY 26, 1993 RESOLUTION NO. 11-93 DATE: January 22, 1993 This is a resolution assessing costs for abatement action required to remove nuisances on 12 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 11-93 assessing costs for abating nuisances on 12 properties located within the City. . , . RESOLUTION NO. 1l-93 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 ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exi.s- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in I Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100,22 of the Code of Ordinances describing the nature of the nuisance (s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- I ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named 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 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to aba te such nuisance{s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, t WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), :1 , 'I , ' . 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 upon the lots or " parcels of land described in said report, a copy of which is attached :1 hereto and made a part hereof, are hereby levied against the parcel(s) i of land described in said report and in the amount(s) indicated thereon. ~ I Said assessments so levied shall, if not paid wi thin thirty (30) days :i after mailing of the notice described in Sec. 3, become a lien upon the j: respective lots and parcel (s) of land described in said report, of the :1 \\ same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. il Section 2. That such assessments shall be legal, valid and \1 binding obligations upon the property against which said assessments. are 11 levied. " Section 3. That the City Clerk of the City of Delray Beach is " :1 hereby directed to immediately mail by first class mail to the owner(s) I of the property, as such ownership appears upon the records of the i County Tax Assessor, notice(s) that the City Commission of the City of ,I Delray Beach on the has levied an ;1 assessment against said property for the cost of abatement of said II nuisance by the City, and that said assessment is due and payable within ii thirty (30) days after the mailing date of said notice of assessment, II after which a lien shall be placed on said property, and interest will II accrue at the rate of 8% per annum, plus reasonable attorney's fees and " other costs of collecting said sums. A Notice of Lien shall be mailed, i along with the Notice of Assessment and this resolution. , ! shall become effective -I Section 4. That this resolution thirty !! (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing 'I 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 Ii eight (8 ) percent per annum plus, if collection proceedings are t! ij necessary, the costs of such proceedings including a reasonable II attorney's fee. II Section 5. That in the event that payment has not been i received by the City Clerk within thirty (30) days after the mailing i date of the notice of assessment, the City Clerk is hereby directed to I 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 ,I fee. PASSED AND ADOPTED in regular session on this the day II of . 199 II I' II MAY 0 R II ATTEST: :1 City Clerk Ii ;1 - 2 - Res. No.ll-93 . , ' COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 22 TO 26 INC., BLK ALVAN E. MC FORD $ 89.38 15, TOWN OF DELRAY, 17831 N.W. 47TH AVENUE 70.00 (ADM. COST) PB 13, P 18, PUBLIC CAROL CITY, FL 33055-3255 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (SW 7TH AVE) N50' OF S300' OF BLK 18 EOGAR I. RAMIREZ $ 27.68 (LESS W143' & E20' R/W) JULIO L. RAMIREZ 70.00 (ADM. COST) TOWN OF DELRAY, PB 1, 11081 ELLISON WILSON RD (RECORDING) P3, PUBLIC RECOROS,PALM N. PALM BEACH, FL 33408-3107 BEACH COUNTY, FL (222 NW 5TH AVE) S50' OF N200' OF E135' MINNIE NEWMAN $ 27.68 OF BLK. 10, TOWN OF 240 NW 8TH AVE 70.00 (ADM. COST) DELRAY, PB 1, P 3,PUBLIC OELRAY BEACH,FL 33444 (RECORDING) RECOROS, PALM BEACH COUNTY, FL (NW 6TH AVE) LOT 2/LESS N20'/BLK 61 LUCIUS SIMMONS $ 92.38 OLD SCHOOL SQUARE 1301 KANAB AVENUE 70.00 (ADM. COST) HISTORIC DISTRICT) ,TOWN PALM BAY, FL 32907 (RECORDING) OF OELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (50 W. ATLANTIC AVE) LOT l/LESS N20'/BLK 61 LUCIUS SIMMONS $ 80.64 (OLD SCHOOL SQUARE 1301 KANAB AVENUE 70.00 (ADM. COST) HISTORIC DISTRICT),TOWN PALM BAY, FL 32907 (RECORDING) OF DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (52 W. ATLANTIC AVE) S30' OF LOT 6, BLK 28, LEONARO DAVIS $ 35.22 TOWN OF DELRAY, PB 1, C/O GENERAL DELIVERY 70.00 (ADM. COST) P 3, PUBLIC RECORDS, V.A. BRANCH P.O. (RECORDING) PALM BEACH COUNTY, FL LOS ANGELES, CA 90073-9999 (NW 5TH AVE) -3- Res. No 11- 93 'I' S60' OF N140' OF W140.6' LILLIAN MUNNINGS $182.82 OF BLK 56, TOWN OF 303 S.W. 2ND AVENUE 70.00 (ADM. COST) DELRAY, PB 20, P 55, DELRAY BEACH, FL 33444-3508 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (303 SW 2ND AVE) LOT 10, BLK 25, TOWN OF DAVID HARGROVE $ 39.42 DELRAY, PB 5, P 2, 220 N.W. 4TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DEERFIELD BEACH, FL 33441 (RECORDING) BEACH COUNTY, FL (419 NW 3RO STREET) LOT 14jLESS E5' SR R/W, DIANE THOMPSON $ 58.90 BLK 107, TOWN OF DELRAY, 9350 N.W. 18TH DRIVE 70.00 (ADM. COST) PB 1, P 3, PUBLIC PLANTATION, FL 33322 (RECORDING RECORDS, PALM BEACH COUNTY, FL (170 NE 6TH AVE) S100' OF N250' OF SEC RENAISSANCE ASSOC. $ 44.56 LYG BET ELY R/W OF SR C/O ROTHCO ENTERPRISES 70.00 (ADM. COST) A-1-A & ATLANTIC OCEAN, 2424 N. FEDERAL HWY #455 (RECORDING) SUB OF SEC 28-46-43, BOCA RATON, FL 33431 PUBLIC RECORDS, PALM BEACH COUNTY, FL (1835 S OCEAN BLVD) S240.77' OF N596.54' OF ALEXIS S. WALLIS $496.63 W181' OF E 402' OF NW 3558 LONE PINE ROAD 70.00 (ADM. COST) 1/4, SUB OF SEC 7-46-43, DELRAY BEACH, FL 33445-7654 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (3558 LONE PINE ROAD) LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK EST. $ 39.42 HEIGHTS, DELRAY, PB 12, C/O S. QUAIL 70.00 (ADM. COST) P 61, PUBLIC RECORDS, P.O. BOX 7043 FOR STATION (RECORDING) PALM BEACH COUNTY, FL NEW YORK, NY 10150 (37 NW 10TH AVE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -4- Res. NOll-93 .' , . , . . MEMORANDUM TO: MAYOR ANO CITY COMMISSIONERS FROM: CITY MANAGER trrl SUBJECT: AGENDA ITEM # ~~ - MEETING OF JANUARY 26. 1993 AWARD OF BIDS AND CONTRACTS OATE: January 22, 1993 This item is before you to approve the award of the following bids and contracts: 1. Office Supplies (Term Contract) - Joyce Office Products Center in the estimated annual amount of $38,600 with funding from All Funds 51.10 (Stationary/Paper) and All Funds 51.20 (Office Equipment. 2 . Three ( 3 ) Motor Cycles (via State Contract) - Police Department - Harley Davidson of Miami in the amount of $20,460 with funding from Garage Automotive (Account No. 501-3312-591.54.20). 3. Police Uniforms (via City of Boca contract) - Police Department - Martin's Lamar Uniform in the estimated annual amount of $30,000 with funding from Admin. Uniforms (Account No. 001-2111-521-52.22), Support Uniforms (Account No. 001-2113-521-52.22), Invest. Uniforms (Account No. 001-2115-521-52.22) and Patrol Uniforms (001-2117-521-52.22). 4 . Lime Sludge Disposal - Environmental Services - Pavex Corporation in the amount of $1. 18 per cubic yard with funding from Water and Sewer - Other Contractual Services (Account No. 441-5122-536-34.90). Recommend approval of the award of the above bids and contracts with funding as indicated. . , . , . . . Agenda I tern No. : AGENDA REQUEST Date: January 05, 1993 Request to be placed on:' . x Regular Agenda Special Agenda Workshop Agenda When: .Tanllary ~~ Description of agenda item (who, what, where, how much): Bid Award - Office SUDDlies - Term Contract Rid fjQ?'-07 ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low responsive bidder. Joyce Office Products Center at an estimated annual cost of $38.600. 4 ,;JV' ,INA.:L pepartment Head Signature: --;::f~ /) c-~" ~ c..~ ...... , .1{ ", Deteraination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO (if app~Cable) Funding alternatives: Account No. & Descr;.ation: ALL FuNI)S ~l-lO ~A\I~Y P.Af'r=:R Account Balance: (P~/41~oS"' City Manager Review: A~ FlANDS 51- 20 OFF1Cb~(.AlpL;;.co ~. 2.0,41;3.114 Approved for agenda: ES / NO >.J ' '.' Hold Until: f4-r~ CLl:k'VV- ~'" ,1 Agenda Coordinator Review: Received: Action: Approved/Disapproved . ' . M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ THROUGH: Ted Glas, Pu rchasi ng Of f ice r 1 y FROM: Jacklyn Rooney, Bid Specialist ~- DATE: January 05, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - January 12, 1993 - BID AWARD - BID #93-07 OFFICE SUPPLIE,S -ANNUAL CONTRACT. Item Before~i ty _ C9iTlmission: The City Commission is requested to award a contract to low responSlve bidder Joyce Office Products Centers, at an estimated annual cost of $38,600. Per the Budget Office, funding is from ( ) . Background: The City of Delray Beach Purchasing Warehouse has need of an annual contract for office supplies. Bids were received on November 23, 1992, from three (3) vendors, all in accordance with City purchasing procedures. (Bid #93-07. Documentation on file ln the Purchasing Office.) A tabulation of bids is attached for your reVlew. Purchasing Division staff have reviewed the bids and inspected samples of products, and submits the following findings: The low bidder, Barnett's Office Supplies is unresponsive for the following reasons: (1 ) Item tt20 - Specified Permafile Superior #08192, or Libe,'ty Plus #FEL 12112 Storage Box, due to complaints from using departments with other storage boxes. All vendors can supply one of these bo><:es. Barnett substituted with a Perma #05010 box. This is a bankers bo::-:: style with a removable top and is not desired by using departments. In addition, there is no string and button fastener for the top. (2) Item #84 - Specified 100% cotton typewriter paper. Barnett substituted a paper with 25% cotton. This 1S not an equal pl-oduct. We have had complaints from using departments ln the past when we purchased other than 100% cotton. 'iLl . , (3) Itemtt:'s 90 & 91 - Specified Swingline #747 Desk Stapler. Barnett bid a #405 Desk Stapler. This stapler is not equal as it is smaller in size than what was specified, and not as durable as the #747 model which has extra support. We have received complaints from departments about the smaller stapler breaking down and jamming up easily. (4) Item # 121 - Bid specified Sharpie Black, Fine Point Marker nSAN 3001. 8arnetts bid a Papermate product with a bullet point instead of fine point, which gives a heavier line. We would expect to i~ecei ve complaints from using departments if we stock this mar ker . The second low bidder, Decora Office Furniture, is unresponsive for the following reasons: ( 1) Item tt:84 - Specified 100% cotton typewriter paper. Decora substituted a paper with 25% cotton. This 1S not an equal product. We have had complaints from using departments 1n the past when we purchased other than 100% cotton. (2) Item #'s 90 & 91 - Specified Singline #747 desk stapler. Decora substituted a Swingline #444 stapler which is not equal to the specified model. The #444 is a smaller economy model. The third low bidder, Joyce Office Products, meets all City specifications and is responsive to the bid. In addition this firm offered the City a 40% discount off list price on items not listed in the bid. The two lower bidders only offered a 30% discount. At an estimated annual cost of $21,000 for items not in inventory, the cost savings from Joyce is $8,400. This is a savings of $2,100 from the 30% discount offered by the two lower unresponsive bidders. Based on last years usage, we estimate spending a total of $38,600 on office supplies during this contract for both inventoried and non-inventoried items. Item #77 should not be awarded because of a clerical error with the part number specified on bid form. Recommendation: Staff recommends award to the low responsive bidder, ,Joyce Office Products, at an estimated annual cost of $38,600. Attachments: Tabulation of Bids > , * AS JAN 1 3 J<j MEMORANDUM TO: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer ~~ DATE: January 12, 1993 SUBJECT: Bid Award / Office Supplies In answer to your memo dated January 11, 1993 for additional information, the following is submitted for your review: (1) Per the specifications this is an "all or none" bid, awarded to the lowest total bid from a responsive bidder. (2) By giving one vendor all our office supply business, we will get better prices for both the firm fixed priced items which are inventoried, and for the percent discount from list items which are not inventoried. From a practical standpoint, since all office supply purchases are handled by the Purchasing Division, working with more than one firm would be more time consuming and less efficient for our office. (3) Our office supply contract has been awarded to Barnett's Office Supplies in past years. They are considered an acceptable vendor in South Florida. This firm would have been recommended for award if they had not cheated in order to be the low bidder as outlined on Ms. Rooney's agenda memo. All the items listed in our bid are available to these office supply houses. In many cases we reference two brands and models to assure we are not limiting competition. When a vendor deliberately bids a cheaper product, they should be declared unresponsive, per generally accepted public sector contracting practices. (4) Non-inventoried items purchased from this contract includes: (a) Printer & Typewriter Ribbons ----- Low usage. If we inventory, they may dry out. (b) Special pens & plotters ----- Low usage. May dry out. (c) Special file folders ----- Low usage. (d) Special color Post-It Notes ----- Low usage. (e) Special labels ----- Low usage. " ' . . We inventory all the above categories, but only the commonly used and frequently used types. In addition, because of space constraints in the air conditioned storage area, we are limited on the types and varieties we can inventory. We utilize the vendors warehousing capabilities to our advantage and insist on quick delivery of our needs. .. , ~ . [ITY DF DELIAY BEAEH 100 N,W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: Ted Glas, purchasing Officer FROM: ~bert A. Barcinski, Assistant City Manager SUBJECT: BID AWARD/OFFICE SUPPLIES DATE: January 11, 1993 I held this bid award up due to some questions I had. In reviewing the bids, even with the $2,100 savings projected on non-inventory items, Barnett's Office Supply would be low bid by approximately $2,000. 1. Was the bid an all item bid or can the bid be split by vendor? 2. What are the reasons not to split the bid? , 3. Have we ever dealt with Barnett? Where are they located? What do their references look like? RAB: kwg it, st" te S "111 e It-tillS f 1,' J C J (fr/ t /,,' t- t:;J-e ,A;~" t- I,vVf/V t;6"i-I fli. W 7 4 )-~ 'fA 7 A/,t- / A/ 1/1" N t'd)- I ~d, THE EFFORT ALWAYS MATTERS , ' TfZBJLATICH OF 8IDS CITY OF DELRAY 8EACH 8ID 193-o7 OFFICE su:>PLIES/~HUAl O:.lT~T IHVENTCRY EST Barnett's Office Decora Office Joyce Office Products IT EM Hl..M3ER / ~HUAl Supplies Furniture Centers . -DESCRIPT ICH USf='GE 1 310 006 00100 8 Quality Park Quality Park 43562 QUA 43562 ENVELOPE SELF SEAL sox 16.00 I 128.00 17.01 I 136.08 17.15 I 137.20 250 P/8OX. 9 X 12 KRAFT 2 310 006 00101 4 Quality Park Quality Park 38294 JOY94K ENVELOPE SELF SEAL sox 10.00 I 40.00 11. 05 I 44.20 8.00 I 32.00 9 1/4 X 14 1/2 KRAFT lOOP /SOX 3 310 006 00102 4 Quality Park Quality Park 43762 WESC0927 ENVELOPE SELF SEAL EO)( 18.00 I 72.00 20.17 I 80.68 15.20 I 60.80 10 x 13. KRAfT -- 250 P /8OX 4 310 006 00200 36 Saxon 55K Saxon 55K JOYCLA55BK ENVELOPE CLASP EO)( 3.00 / 108.00 2.98 I 107.28 3.50 I 126.00 KRAFT 6 X 9 100 P~ 5 310 006 00201 24 Saxon 90K Saxon 90K JOYCLA90BK ENVElCPE CLASP EO)( 4.00 I 96.00 4.07 / 97.68 4.25 I 102.00 KRAFT 9 X 12 .- ---1QlLP /8OX 6 310 006 00202 34 Saxon Saxon 97K JOYCLA97K ENVElCPE CLASP sox 4.70 I 159.80 4.77 I 162.18 4.60 I 156.40 KRAFT 10 X 13 ---- tOO P/SOX - -..----. 7 310 006 00204 18 Saxon 110K Saxon 110K JOYCLA110B ENVELCPE CLASP EO)( 6.00 I 108.00 6.05 / 108.90 6.50 I 11 7 . 00 KRAFT 12 X 15 1/2. . HVY OOTY lOOP/SOX ,~ 310 030 00300 20 Saxon 10-24 Saxon 10-Reg JOYCOM10WH '::> ENVEUFE REWLM EO)( 4.20 I 84.00 4.78 I 95.60 4.40 I 88.00 "'UTE 4 1/8" X - _..~ 9 1/2". 500 P!8OX :3 310 030 00200 8 Saxon Inter-Dept. Saxon J32-97-ID JOYJ028BKL ENV. IHTER-iFT EO)( 10.00 / 80.00 9.00 I 72.00 9.50 / 76.00 13RCW'i. W/STRIHG ---- 100 P/SOX - . 10 610 035 00100 48 As Specified NuKote BR80C NER51013 RI88CH CASIO EACH .70 I 33.60 .64 I 30.72 .69 I 46.40 BR-aOC 11 615 003 00100 232 SCM 6200 SCM 6200 JOYA225150 CAlaJLATCR PAPER ROLL .20 I 46.40 .20 I 46.40 .20 I 46.40 2 1/4 IHOi x 165 1 I . . Ti=SJLATIGl OF BIOS con..... IHVEHT~ EST Barnett's Office Decora Office Joyce Office Products ITEM Hl.M3ER / Pi'lHUAL Supplies Furniture Centers t liESCRIPTIGl USP6E 12 615 003 00200 50 SCM 6270 SCM 6270 JOYA275 CALCULAT~ ~ER ROLL .40 / 20.00 .37 / 18.50 .39 / 19.50 2 3/4 IHa-t X 165 13 615 005 00100 358 As Specified Denn 00-166 DENOO-166 GLUE STIO<S &Oi .27 / 96.66 .32 / 114.56 .27 / 96.66 .26 oz. i4 615 005 00200 24 As Specified Borden E561 BORE561 GLUE \I,OolDER SOlD &Oi 1.35 / 32.40 1. 70 / 40.80 1.46 / 35.04 TU3E, .10 OZ 15 615 009 00100 48 Esselte 88-7360 Blue W.J. 384-14BL WJ38414BL BINDER 3 RING &Oi .90 / 43.20 2.67 / 128.16 3.59 / 172.32 I" CPP. [J( BLUE [J( BLUE W/LABEL 16 615 009 00101 216 Esselte 88-7380 Wilson Jones 368-44 DEN67182 BINDER 3 RING &Oi 1. 70 / 367.20 NHB 1.78/384.48 2" CPP, VIHYL 1.99 / 429.84 -BUO< W/LABEL . 17 615 009 00200 192 Esselte 88-7360 Wilson Jones 368- DEN67191 BINDER 3 RING &Oi .90 / 172.80 14NHB .93 / 178.56 1'" CPP, VINYL 1.01 / 193.92 --- BUO<, W/LABEL ia 615 009 00300 I 192 As Specified Acco 56073 ACC56073 BINDER DATA [J( BLUE EPCH 2.00 / 384.00 2.22 / 426.24 2.24 / 430.08 14 7/8 X 11 PD::O tS6073 NO Sl.6STITUTES ---- 19 615 015 00100 196 As Specified Tops 4007 TOP4007 MESSl='GE 8CX)( 8CX)( 3.60 / 7<1.5.60 2.78/544.88 3.82/748.72 DLPLICATE - -..- 200 P I8O:J< 20 615 017 00100 258 Perma 05010 Fellows 12112 PER08192 .;: oox ST~E &Oi . 1.50 / 387.00 3.73 / 962.34 3.65/941.70 PEJM!:lFILE SLPERI~ toe192. ~ LIBERTY LEGAL .FEL-12112 HO Sl8STITUTES 21 615 017 00105 144 As Specified Fellows 703 PER03365 M-IKERS oox &Oi 1. 20 / 172.80 .99 / 142.56 1.89 / 272.16 FELlOrIES ~703 ~ PEJM!:lFILE 103365 HO Sl8STITUTES Z2 615 019 00100 156 As Specified K/C E717-50 KEIE71750 CALEHDAR REFILL EACH .42 / 65.52 .55 / 85.80 .48 / 74.88 3 1/4 X 6'" -- 2 . . . TPBJLATIctl OF BIDS can..... IHVElHCFlY EST Barnett's Office Decora Office Joyce Office Products ITEM HU13ER .' , ~HUAL Supplies Furniture Centers I' J:jESCRIPTIOO JSi=GE - 23 615 019 00101 24 As Specified K/C E17-00 KEIE71700 CALEH~ BASE Ei=OI 1. 30 / 31. 20 1.50 / 36.00 1. 25 / 30.00 3 1/2 X 6'. 24 615 019 00200 108 As Specified K/C SK24B KEISK2400 CALEH~ DESK Pro Ei=OI 1.20 / 129.60 1. 30 / 140.40 1.26 / 136.08 l'OlTHLY 22 x lT 25 615 025 00100 12 IDL 38004 IDL 38004 IDL38024 CLI~ Ei=OI .70 / 8.40 .66 / 7.92 .75/9.00 LEGAL 26 615 025 00101 24 IDL 38003 IDL 38003 IDL38023 CLIPS:lMD Ei=OI .65 / 15.60 .59 / 14.16 .67 / 16.08 LITTER SIZE L 27 615 029 00100 480 As Specified L.P. 564 PAP564-01 CORRECTIOO fLUID OOTTLE .60 / 288.00 .71/340.80 . 72 / 345.60 \1AiITE - LIQUID PAPER 1564, 1'40 SU3STITUTES 2S 615 029 00104 ' 24 As Specified L.P. 568 PAP568-01 CORRECTIctl FLUID I BOTTLE .75 / 18.00 .74 / 17.76 . 72 / 17.28 CPtIARY LIQUID PAPER 1'568. 1'40 SU3STITUTES 29 615 029 00107 I :TTLE As Specified L.P. 565 PAP565-01 CORRECTIOO FLU ID .40 / 14.40 .44 / 15.84 .41 / 14.76 THIHHER - LIQUID PAPER -~ 1565. HO SU3STITUTES 30 615 029 00108 36 As Specifie.d L.P. 747 PAP747-01 r 60TTLE CORRECTIctl FLUID .62 / 22.32 .70 / 25.20 .72 / 25.92 PEH & INK-LIQUID PAPER 1747. 1'40 SU3STITUTES - 31 615 029 00109 1'32 . As Specified L.P. 710 PAP710-01 CORRECTIOO FLUID BOTTLE .62 / 81.84 .70 / 92.40 .72 / 95.04 JUST Fffi ClFIES ~ 710-01 1'40 SU3STITUTES 32 615 031 00200 12 As Specified Acco 25972 ACC25972 CO'v'ER REPCRT BOX 15.00 / 180.00 15.00 / 180.00 14.50 / 174.00 L1G1T BLUE 25 P/BOX = 33 615 035 00100 24 Gussco 80-000 SCM 610 JOY30 IHDEX CPR)S 3 X 5 PACl<AGE . 25 / 6. 00 .2475 / 5.94 .29 / 6.96 LfoIRULED \1AiITE lOOP /F'KG 34 615 035 00101 12 Gussco 80-110 SCM 600 JOY31 IHDEX CPR)S 3 X 5 PACl<AGE .25 / 3.00 .2475 / 2.97 .29 / 3.48 RULED \1AiITE lOOP IPI<.G 3 '. . TAaJU<TI(IoI OF BIDS can.. .,. . -- !H'.,,'EHTCRY EST Barnett's Office Decora Office Joyce Office Products ITEM MU'ElER I ~HUAL Supplies Furniture Centers . OESCRIPTIa-l I..JSA3E 35 615 039 00100 24 S&W 42RD SCM 42-RED KFXBKD142R Tj:B 1/5 CUT - RED BOX .40 / 9.60 .54 / 12.96 .59 / 14.16 W/B~K IHSERTS 25 P /OOX 36 615 039 00101 24 S&W 42BE SCM 42-BE ESS42BLU Tj:B 1/5 CUT- BLUE BOX .40 / 9.60 .54 / 12.96 .75 / 18.00 W/B~K INSERTS 25 PER sox 37 615 039 00103 12 S&W 42YEL SCM 32-YL ESS42YEL Tj:B 1/5 CUT- YEL~ BOX .40 / 4.80 .54 / 6.48 .75/9.00 WIB~K INSERTS -' 25 P/OOX 38 615 039 00106 25 S&W 43 1/2 SCM HF138 JOYHT52 Tj:B 1/3 CUT- CLEM SOX .50 / 12.50 .50 / 12.50 .59 / 14.75 WI8~K INSERTS 25 P/BOX 39 615 041 00100 loa Globe B3035 SMEAD 2-4945 SMD76540 FILE FOLDER POCKET 80X 10.35/1117.80 13.00 / 1404.00 9.95 / 1074.60 LEGAL I'W'lILA 1 1/2" CPl?PCITY- 50 P I8ClX 40 615 041 00101 24 Globe B3033 SMEAD 2-4915 SMD24915 FILE FOLDER POCKET BOX 9.50 / 228.00 9.50 / 228.00 9.50 / 228.00 lETTER I'W'IIAl 1 1/2"' I-~ITY so P/RrnC ~ -- -<1 615 043 00100 36 As Specified SCM HF150 SMD10H FILE FOLDER H~Gnlc; 80X 3.20/115.20 3.12/112.32 3.20 / 115.20 PEHDAFLEX W/ClJT TAf, LETTER SIZE. 25 PIEOX - 42 615 043 00101 1 12 As Specified , SCM HF150X2 JOY64259 FILE FOLDER H~GIN 80X 7.00 / 84.00 6.50 / 78.00 8.59 / 103.08 PEHDAFLEX.. LETTER 2" CPFi'C ITY. 25 P /80)( ... 43 615 043 00200 24 As Specified SCM HF250X2 SMD20HX2 FILE FOLDER H~GIN4 80X 8.00 / 192.00 7.50 / 180.00 9.95 / 238.80 PEHOAFlEX. LEGAL -- 2'" CPf'AC ITY 25 P/EIOX 44 615 043 00201 110 As Specified SCM HF250 SMD20H FILE FOLDER H~GING 80X 3.60 / 396.00 4.00 / 440.00 3.97 / 436.70 PEHDAFLEX. LEGAL W/ClJT Tj:B. 25 plRrnl ~5 615 045 00100 12 Globe 21 1/2 G. Weis 22H SMD152L FILE FOLDER LETTER sox 3.30 / 39.60 3.40 / 40.80 3.15 / 37.80 1/2 CUT, I'W'I I LA 100 P/BOX .. 4 . . . ",:a)LATIctI OF BIOS CctIT...... , -- INVEHTCRY EST Barnett's Office Decora Office Joyce Office Products :TEM rl~ER / ~HUAL Supplies Furniture Centers t flESCRIPTIctI USPGE ~= 16 615 045 00101 108 Globe 22 1/3 G.Weiss 221 1/3 SMD153L FILE FOLDER LETTER SOX 3.20 / 345.60 3.23 / 348.84 3.20 / 345.60 1/3 CUT. ~ILA 100 pn:nv - '-~"~= P 615 045 00103 48 Globe 22 1/3 G. Weiss 222 1/3 SMD153C FILE FOLDER LEGAL SOX 4.15 / 199.20 4.34 / 208.32 4.15 / 199.20 1/3 CUT. ~IL4 lOOP ;a:lX ~ 615 045 00104 12 Globe 22 1/5 G.Weiss 222 1/5 5MB155C FILE FOLDER LEGAL SOX 4.25 / 51. 00 4.51 / 54.12 4.15 / 49.80 1/5 CUT. ~ILA 100 P/BOX 49 615 045 00110 14 As Specified Smead 19837 SMD19837 FI LE FOLDER KPAFT sox 11.50 / 161.00 11.04 / 154.56 10.19 / 142.66 LEGAL SIZE so P /BOX 50 615 046 00100 12 GXO 422 Officemate HFLT JOYHFL1 FILE FRAME LETTER &ai 5.40 Box of 6 .94 / 11. 28 .95 / 11. 40 SIZE. CARTctI OF 6 .90 / 10.80 f-- 51 615 046 00101 18 GXO 423 Officemate HFLG JOYHFLG FILE FRAME LEGAL EJlOI 5.70 box of 6 .99 / 17.82 1.02 / 18.36 SIZE, CARTON OF 6 .95 / 17.10 -- f-- 52 615 049 00101 180 As Specified Decora 811-8 KFXK118822COL INDEX. INSERTABLE SET .32 / 57.60 .34 / 61.20 .54 / 97.20 8 TAB COLffiED 8 1/2 X 11, 24 SETS/8OX -- - 53 615 049 00201 25 S&W 42CR SCM HF158 JOYHT51 TAB. PEHDAFLEX. BOX .40 / 10.00 .48 / 12.00 .55/13.75 1/5 CUT. CLEM 25 PER EO)( --~.- 1--- 54 615 051 00100 20 As Specified Avery ES-6432 DEN43560 LABEL, WHITE. SELF BOX 1.00 / 20.00 1.14/22.80 1. 10 / 22. 00 ~ESIVE. 4 X 2. 120 PER SOX I-- 55 615 051 00102 12 As Specified Avery E5351 DEN37121 LABEL. SELF SOX 9. 00 / 108.00 9. 80 /117. 60 9. 00 / 108. 00 ~ESVIE 1 X 2 3/4" 33 SHEETS PI BOX .- 56 615 051 00103 45 As Specified Denn 33-735 DEN33735 LABEL. ~ESS. BOX 9.50 / 427.50 .80 each 1. 05 each 5 1/2 X 3" IoIHTE 9.60 / 432.00 12.60 / 567.00 12 f3O(J( P/CARTctI I I I --.~-- 5 '. . T;aJLATION OF BIOS CctIT...... IHVEHTCRY EST Barnett's Office Decora Office Joyce Office Products ITEM H~ER I ~HUAL Supplies Furniture Centers t J)ESCRIPTION I..&6E 57 615 051 00200 12 As Specified Avery EFF3-DBE DEN43785 LABEL, BLUE EDGE EO)( .80 I 9.60 .86 I 10.32 .78 I 9.36 SELF ~ESIVE, FILE - FOLDER 248 P /SOX_ sa 615 051 00201 12 As Specified Avery EFF3-GN DEN43776 LABEL. GREEH EDGE sox .80 1 9.60 .86 I 10.32 .78 I 9.36 SELF ~ESIVE. FILE FOLDER 248 PI sox 59 615 051 00202 12 As Specified Avery EFF3-DRD DEN43774 LABEL. RED EDGE EO)( .80 1 9.60 .86 I 10.32 .78/9.36 SELF ~ESIVE, FILE - FOLDER 248 P /SOX 6V 615 051 00203 24 As Specified Avery EFF3-WE DEN43771 LABEL. WHITE EDGE sox .80 I 19.20 .86 I 20.64 .78 I 18.72 SELF ~ESIVE. FILE FOLDER248PIl3OX 61 615 051 00204 10 As Specified Avery EFF3-YW DEN43772 LABEL. YELLOW EDGE SOX .80 I 8.00 .86 I 8.60 .78 I 7.80 SELF ~ESIVE, FILE FOLDER 248 P IBJX - 62 615 053 00100 12 As Specified Officemate L09 IDL30150 LETTER OPEHER EJlOI .35 I 4.20 .30 1 3.60 .55 I 6.60 63 615 058 00100 12 As Specified SCM 6035 JOYMS35500 MEMO FILLER SHEETS ~E .60 I 7.20 .78 I 9.36 .83 I 9.96 3 x 5. WHITE ~- 500 P /PKG. :)4 615 058 00102 32 SCM 6046 SCM 6046 JOYMS46500 . MEMO FILLER SHEETS ~E 1. 05 I 33.60 1.03 I 32.96 1. 10 I 35.20 4 X 6. WHITE SOO P /PKG. :,s 615 060 00300 36 As Specified Avery ETD909 DEN43100 REIHFCR:EMEHTS, BOX .25 1 9.00 .33 I 11.88 .39 I 14.04 RIMGS. WHITE, SELF >4JHESIVE 200 PIBJX ~.b 66 615 062 00100 348 SCM 860 SCM 860 AMP25272 STEHO MOTE PPD EPOi .31 I 107.88 .32 I 111.36 .37 I 128.76 6 x 9 MARRGI RULED -- - 67 615 062 00106 60 Tops. 8SCM 8804 AMP25271 STEHO MOTE pro EPOi .37 I 22.20 .39 I 23.40 .35 I 21.00 6 x 9 WIDE RULED .- - 68 615 062 00101 15 As Specified 3M 656-YW MMM656YW POST-IT HOTES. PI=Cl<AGE 3.50 I 52.50 3.96 I 59.40 4.47 I 67.05 2 x 3 YELLCW 12 P/PKG. 6 . . . T;aJLATION OF BIOS CctIT...... UNEHTCRY EST Barnett's Office Decora Office Joyce Office Products ~NUAL Supplies Furniture Centers ITEM HLtEiER I J .J)ESCRIPTIctI USAGE 69 615 062 00102 144 As Specified 3M 654-YW . POST-IT MOTES ~E 3.00 1 432.00 5.28 1 760.32 Alternate: ::; x 3 YELL.(lJI MMM6549YW 2.99 I 430.56 12 P/pt(.G. . 70 615 062 00103 60 As Specified 3M 655 Alternate: POST-IT HOTES ~E 3.70 I 222.00 6.84 I 410.40 MMM6559YW 3.75/225.00 3 x 5 YELLCW 12 P/PKG. 71 615 062 00104 96 As Specified 3M 653 Alternate: POST-IT HaTES PACKAGE 1. 20 1 115. 20 2.00 1 192. 00 MMM6539YW 1.22/117.12 1 1/2 X 2 YELLOW 12 P/PK.G. ?2 615 062 00105 12 As Specified 3M 7664 MMM 7664 POST-IT RCllTIHG ~K1E 4.50 I 54.00 4.35 I 52.20 4.44 I 53.28 REWEST HaTE PADS YELLCW. 12 P . 73 615 062 00200 24 SCM 8546 SCM 846 JOYSP46100 PPD. SCRATCH 4 X 6 ~E 1. 60 I 38.40 1. 80 I 43. 20 1.72 I 41.28 WHITE. 100 SHEETS 12 PADS P 74 615 062 00201 12 SCM 8558 SCM 858 JOYSP58100 PPD. SCRAT01 5 X 8 ~E 2.10 I 25.20 2.76 I 33.12 2.65 I 31.80 WHITE. 100 SHEETS 12 PADS P /PKG 75 615 062 00500 9 SCM Jr. Legal White SCM 9028 AMP20364 PPD. JR LEGAL PACKAGE 2.00 I 18.00 1.68/15.12 1.79 I 16.11 RULED. WHITE. 12 PADS P 76 615 062 00504 153 SCM 8~ x 11 ~ite SCM 9021 AMP20360 PPD, LETTER PACKAGE 3.00 I 459.00 2.88 I 440.64 2.84 1 434.52 RULED. WHITE -- 12 PADS P /PKG 77 615 062 00700 144 SCM 153 PAD. MESSAGE. PINK PACKAGE "IoIiILE YCU WERE wrn 12 P!PKG 78 615 069 00100 564 As Specified Sirich PC1 ACC72380 PAPER CLIPS sox .09/50.76 .08 1 45.12 .08 1 45. 12 100 P /ElOX 79 615 069 00102 288 As Specified Sirich CG-2 ACC72580 PAPER CLIPS. JU130 sox .24 I 69.12 .24 I 69.12 .28 I 80.64 lOOP /ElOX ao 615 069 00200 72 IDL 10020 Officemate BC20 ACC72020 BINDER CLIP - 3/4'. EO)( .25 1 18.00 .28 1 20.16 .27 1 19.44 12 P/ElOX 7 '. . TABULATIctI OF BIOS CctIT...... INVEHTCRY EST Barnett's Office Decora Office Joyce Office Products ITEM N~ER / ~HUAL Supplies Furniture Centers . ~ESCRIPTIctI ~E 81 615 069 00201 60 IDL 10050 Officemate BC50 ACC72050 BINOER CLIPS SOX .55 I 33.00 .62 I 37.20 .59 I 35.40 1 1/4" 12 P/BOX 82 615 069 00202 24 IDL 10100 Officemate BCI00 ACC72100 BIHDER CLIP 2" SOX 1.60 I 38.40 1. 80 I 43.20 1.64 I 39.36 12 P/BOX 83 615 071 00101 24 World Wide 22 Compo Acco 12992 ACC12992 FASTENERS. PRCtIG SOX 1.00 1 24.00 1. 06 I 25.44 1. 00 I 24. 00 2'.. 50 P/'ElOX 2 3/4" C-C 84 615 073 00100 12 Saxon 301B Eaton 31-220-10 S6U13C ~ T'l'PEWUTER ~ER sox 8.00 1 96.00 6.94 I 83.28 14.89 I 178.68 COTTctI 8 1/2 x 11 oM SlS 20-500 SHEETS/B)C 85 615 075 00100 12 As Specified Officemate 32-1 PLY3132 RlJ3BER E'WIDS sox 1.10 I 13.20 1. 00 I 12.00 1.14 113.68 1 LB. ElOX. SIZE 32 86 615 075 00200 12 As Specified Alliance 0700 ALM0700 RlJ3BER ElAHD. BIG ~E .60 I 7.20 .43 I 5.16 .42 I 5.04 ElAHD M< 7" X 1/8- 12 PER PACK 87 615 078 00100 12 Acme 221-12 Acme R501-12 FIT8812 RULER. IrODEH 12" EACH .35 I 4.20 .34 I 4.08 .42 I 5.04 SINGLE METAL EDGE I1.JTILPLE COAT CLEAR SCALED IH SIXTEEHllfS 88 615 079 00100 36 GXO 8" . Officemate FCS-8 JOYSHEAR8 SCISSCRS. 8.. EACH .70 I 25.20 .81' I 29.16 .68 I 24.48 3 3/4"' aJT LEHGllf BLACK EH~L HAHOLE 89 615 081 00100 156' Bostitch SBS-1 Swing line SFl SWI35108 STAPLES. ST~ow:R> ElOX .40 I 62.40 .44 I 68.64 .40 I 62.40 SHARP POINT 5000 PER ElOX 90 615 081 00200 36 Swing line 405 Swing line 444 SWI74701 ~ STAPLER DESK STYLE &ai 2.45 I 88.20 5.33 I 191.88 8.17 I 294.12 OPEH OtAHHEL -! LOADING. BLACK 91 615 081 00201 12 Swingline 405 Swing line 444 SWI74702 ~ STAPLER DESK STYLE EACH 2.45 I 29.40 5.33 I 63.96 8.17 I 98.04 OPal OtAHHEL .M LOADIHG BEIGE 92 615 081 00500 48 IDL SR 600 ~wingline 38101 JOYSR 1. 40 I 67.20 STAPLE RatJI.'ER EACH .21 I 10.08 Alternate - Officemate .22 I 10.56 DELUXE-EXTRA WIDE SRN .25 I 12.00 . HOlDING TABS-BlAO< ~ 8 . . TF8.iLATIctI OF BIOS CctIT.... IN.....ENTCRY EST Barnett's Office Decora Office Joyce Office Products ~HUAL Supplies Furniture Centers ITEM M~ER I ~ J)ESCRIPTIctI ~E 93 615 064 00200 36 GXO PP-I00 Officemate CPOA JOYPPASST PUSH PINS &IX .50 1 18.00 .60 I 21.60 .59 I 21.24 ASSCRTED COLCRS 100 PER sox . 94 615 oea 00100 36 As Specified 3M C-38 MMMC38PY DISPEHSER-TAPE-DESK EJlOI 1.05 1 37.80 1.20/43.20 1.17 142.12 STYLE 1" CORE-HOLOS 1/2" ~D 3/4" 95 620 060 00100 168 As Specified Faber 12132 JOYPENCIL2 PENCIL. ~. ~ EO)( .45 I 75.60 .52 I 87.36 .45 I 75.60 MEDILJoI SOFT 96 620 060 00200 24 As Specified Pentel SOH PEN50H LBlD. PENTEL TLE3E .40 I 9.60 .38 I 9.12 .57 I 13.68 0.7 I'1'l HB. 12 P/TU3E 97 620 060 00201 24 As Specified Pentel C505HB PENC505HB LBlD. PENTEL TU3E .40 I 9.60 .38 I 9.12 .32 I 7.68 0.5 I'1'l HB. 12 P/TU3E 98 620 060 00400 12 As Specified Pentel PD345A PENPD345A PENCIL ~ICKER- EPOi 1. 70 1 20.40 1.54 118.48 1.65 I 19.80 CLICKER- PENTEL .. . 5/1'1. BLACK 99 620 060 00401 12 As Specified PEntel PD347C PENPD347C PENCIL ~ICKER- EPOi 1. 70 I 20.40 1.87 I 22.44 1.65 I 19.80 CLICKER PEHTEL ~-- ~. BLUE ;'0:) 620 oao 00100 24 As Specified Papermate 883-01 PAP883-01 ~ING PEN. sox 7.20 I 172.80. 8.88 I 213.12 7.39 I 177.36 HARlJHEAD FLAIR, . . SLACK, 12 P/EOX iOl 620 oeo 00101 12 As Specified Papermate 882-01 PAP882-01 ~IHG PEN. BOX . 7.20 1 86.40 8.88 1 106.56 7.39 1 88.68 HARlJHEAD FLAIR. RED. 12 P IBJX 102 620 oao 00102 12 As Specified Papermate 881-01 PAP881-01 ~ING PEH. BOX 7.20 1 86.40 8.88 I 106.56 7.39 1 88.68 HAAOHEAD FLAIR. BLUE. 12 pIBJX 1,:)3 620 oeo 00200 60 As Specified Papermate 333 PAP333-11 !:'ALL POINT PEN. EO)( .70/42.00 . 77 I 46.20 . 72 I 43.20 PAPERI'lATE BLACK. MED POINT. 12 P!BOX PAP 333-11 HO SL8STITUTES 104 6<0 aeo 00201 J 2. As Specified Papermate 338 PAP338-11 !:'ALL POIHT PEN. EO)( .70 1 16.80 .77 I 18.48 . 72 I 17.28 PAPERI'lATE BLACK. FIHE POIHT. 12 P PAP 338-11. NO SL8STIThTES 0 - 9 '. . T;aJLATIctI OF BIOS CctIT...... , Off' Decora Office Joyce Office Products IIoJVENTCRY EST Barnett s l.ce n F it re Centers ITEM H~ER I ~HUAL Supplies urn u t DESCRIPTION LISAGE 105 620 oao 00202 72 As Specified Papermate 331 PAP331-11 ~ERl"ATE SLUE PEN. EO)( . 70 I 50.40 . 77 I 55.44 . 72 I 51. 84 MED POIHT. 12 P/BOX pt:f> 331 11. NO SU3S lTUTES 106 620 oao 00203 136 As Specified Papermate 336 PAP336-11 ~ERl"ATE BLUE PEN SOX .70 I 25.20 .77 I 27. 72 .72 I 25.92 FINE POIHT. 12 P/BOX pt:f> 336-11. HO SU3STITUTES 107 620 oao 00300 72 Faber Onyx Faber 60153 FAB60153 PEN. LtH-BALL FINE EO)( 3.30 I 237.60 6.00 I 432.00 5.85 I 421.20 LINE MICRO BLUE 12 P /l3OX O. 2l1'1 108 620 oao 00301 144 I-BALL FIHE BOX Faber Onyx Faber 60251 FAB60151 PEN. ~ 3 30 I 475.20 6.00 I 864.00 5.85 1 842.40 LINE MICRO. BlJlCK . 12 PIBJX 0.2l1'1 109 620 oao 00302 60 Faber Onyx Faber 60152 FAB60152 PEN. ~I-BALL FINE SOX 3.30 I 198.00 6.00 I 360.00 5.85 1 351.00 LIHE MICRO. RED. 12 PIl30X 0.2l1'1 110 620 oeo 00303 60 As Specified Pentel R204A PENR204A PEN. SlPERBALL ULTRJ SOX 5.90 I 354.00 4.92 I 295.20 4.49 I 269.40 FINE ROLLER 0.2MM. 12 P/l3OX PEN TEL tR204A HO SLBSTITUTES 111 620 oeo 00400 16 As Specified Papermate 323 PAP323-01 R~TABLE BALLPEN sox 6.00 I 96.00 5.76 I 92.16 6.85 I 109.60 12 PIBJX. BLACK MED POINT 112 620 oao 00500 16 As Specified Papermate 982 PAP982-01 PEN, FL~IP SOX 7.00/112.00 6.96 I 111.36 6.59 1105.44 ROLLER. FIHE POIHT RED. 12 P IRnY 113 620 oao 00505 30 As Specified Papermate 983 PAP983-01 PEH. FL~IP sox 7.00 I 210.00 6.96 I 208.80 6.59 I 197.70 ROLLER. FINE POINT BLACK 12 P/l3OX 114 620 081 00100 16 As Specified Cross 8513 1.07 ea. CR08513 PEH. REFILL. a.oss PI=Cl<AGE 13.00 1 208.00 12.84 I 205.44 12. 70 I 203.20 BLACK MED 12 P~ 115 ~ =3oo~~SlBSTITUT96ES Dennison 07749 Sanford 25009~~~'~ HlGiLIGiTER, ~ffi EPOi .20 I -19.20 .30/28.80 DEN24129 .21 I 20.16 ACCEHT PINK __ 12 plRnY _ 116 620 oea 00101 60 D i 077XX Sanford 25006.-~.~,~,>.., enn son Alternate: HIGiLIGiTER. ~ffi &ai .20 I 12.00 .30 1 18.00 DEN24050 .21 I 12.60 ACCENT CR=lHGE 12 plRnY 10 " . T,:a)lATIctI OF BIDS cafT...... IHVEHTCRY EST Barnett's Office Decora Office Joyce Office Products !TEl' HLtI3ER / ~I'lUAL Supplies Furniture Centers t OESCRIPTIctI USAGE 117 620 oee 00102 252 Dennison 07742 Sanford 25005 ~i;~'ft!~~ HlGiLIGHER ~a:l EPCH .20 I 50.40 .30 I 75.60 Alternate: ACCEHT YELLCW DEN24122 .21 I 52.92 12 PIBJX ~~r_.;':tltlj,i.;.~ 118 620 oee 00103 60 Dennison 07745 Sanford 25026 '.. "~;:;.., .f HIGiLIGHER ~a:l EPOi .20 I 12.00 .30 I 18.00 Alternate: ACCEHT ~EEH DEN24125 .21 I 12.60 12 p n:JrN 119 620 oee 00104 60 Dennison 07746 Sanford 25010 ,j__lIr_.~'~l~"lfl1UIIiI.~ HlGiLIGiTER ~~ EPOi .20 I 12.00 .30 I 18.00 Alternate: ACCEHT BLUE DEN14125 .21 I 12.60 12 P JI:W"D{ 120 620 oee 00200 48 Papermate Series Faber 5000 PAP10201 MAAKER. RED EPOi .20 I 9.60 .19 I 9.12 .18 I 8.64 12 P/l3OX 252 SERI ES 121 620 oee 00202 288 Papermate 16301 Sanford 3000X '" IIl1IAf.:5' , '.Z!'"o ,..... " "'!"'f"" ~ MAAKER. SHIlfPI E sox 3.00 I 864.00 5.40 I 1555.20 Alternate: BLACK FIHE POIHT PAP16301 4.75 tl368.0C 12 PIl30X 122 620 oee 00206 108 Papermate Series' Faber 5000 PAP25211 MAAKER. BLACK sox .20 I 21. 60 .19 I 20.52 .18 I 19.44 252 SERI ES 12 PIBJX 123 832 052 00100 48 3M Scotch 2312-1" 3M 234-1 1.87 I 89.76 JOYMASK1 TAPE. MASKIHG 1'. FDLL .60 I 28.80 Altenate: .68 I 32.64 P111 ~34 3M 2600 .60 1 28.80 124 832 020 00200 144 As Sped~ied 3M 810 MMM810-3/4-12 TAPE. SCOTCH 3/4" ROLL .50 I 72.00 1. 00 I 144.00 1.05 I 151.20 TRAHSPP.REHT 3M 810 NO SU3STITUTES 125 832 020 00100 12 As Specified 3M 893 MMM8931 TAPE. S~IHG ROLL 2.50 I 30.00 2.64 I 31.68 1.98 I 23.76 1" 3M 893-1 ~ ~D TOTAL BID PRICE $ 13,867.18 $ 17,443.31 $ 18,617.98 (ITEMS 1 TliRU 125). 17,327.15 AlternatE 17,589.58 Alternate Bid Bid PERCEHTAGE DlSOOUHT OFF LIST PRICE OH ALL OFFICE SUPPLIES 30% From 1993 30 ** 40 % Off Joyce Catal pg MOT LISTED ctI TliIS BID . .,.....,t ('.,....,.,...... ** DELIVERY AFTER RECEIPT OF CR)ER 3 - 5 days 3 - 5 days 1 - 2 days CCH'\EHTS/EXJ:EPTIctlS ** Excludes Sections: ** 35% off SP E4, G5 - G8, M1, WI, Richards Catalog W3, Toners, O.E.M. Ribbons & Electrical l;'~..~____.. Total Bid Price $ 13,737.58 $ 17,305.07 .VI illl1JlJlt. Minus Item fl77 17,188.91 Alt. 16 , 611. 82 Al to 11 . . Agenda I tem No. : AGENDA REQUEST Date: January 13. 1993 Request to be placed on:' XXX Regular Agenda Special Agenda Workshop Agenda When: January 26. 1993 Description of agenda item (who, what, where, how much): Purchase Award - Three (3) Harley - Davidson FXRP Police Motorcycles ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Harley - Davidson of Miami at a total cost of $20,460; via Florida State Contract #070-840-92-1 ~/ffiv" ~~~P-A7~lA~ 1/:;1/93 pepartment ad Signature: I Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available, ~/ NO Funding alternative . :=70[- 33' 7_- Cfjl. &4- W (if applicable) Account No. & Descr3tt\1n: filAi?lft[; -lrtrrO)1{)tl vE- Account Balance: to [P, /d / City Manager Review: t~/l Approved for agenda: ~/ NO Hold Until: Agenda Coordinator Review: Received: ---. .... Action: Approved/Disapproved '! . M E M 0 RAN 0 U M TO: David T. Harden, City Manger THROUGH: Robert A. Barcinski, Asst. City Manager~ FROM: Ted Glas, Purchasing Officer J/ t - I J DATE: January 15, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 24, 1993 - PURCHASE AWARD THREE (3) POLICE MOTORCYCLES Items Before City Commission: The City Commission is requested to approve the purchase of three (3) police motorcycles from Harley Davidson of Miami, at a total cost of $20,460. Per the Finance Department, funding is from: ( ) . Background: Funds were placed in the Vehi c 1 e Replacement Account of the Garage Fund for replacement of three (3) police motorcycles. A total of $636,910. was budgeted for all vehicle replacement. These motorcycles are being replaced at this time due to excessive maintenance costs; average maintenance and repair costs were between $1,500 and $2,000 per motorcycle 1 ast year. One ex i st i ng motorcyc 1 e has an electrical problem and wi 11 cost $2,000 to repair. Police motorcycles are available via Florida State Contract #070-840-92-1: Harley - Davidson FXRP Motorcycle ------ $6,325 Options: #6001 - two (2) pursuit strobe lights ------ $ 245 #6003 - one (1) rear mounted strobe ------ $ 185 #8001 - Public address system ------ $ 65 $6,820 each These vehicles carry a 12 month warranty on all item s . The Fl eet and Fac 11 ity Maintenance Superintendent has reviewed the contract and recommends award. Recommendation: The Purchasi ng Offi cer concurs with the recommendation to purchase three (3) police motorcycles from Harley - Davidson of Miami at a total cost of $20,460. Attachments: Documentation on State Contract Memo from Public Works cc: William Greenwood Richard Corwin Richard Sandell ~ L.;l., . . InterOffice Memo To: Ted Glas From: Richard V. Thru: Richard Corwin' Date: January 5, 1993 Subject: Purchase of vehicles Please initiate proceedings to purchase for the City three (3 ) Harley Davidson FRXP Police Motorcycles under the State Contract # 070-840-92-1 at $6,820.00 each. Vendor: Harley Davidson of Miami, Inc. 7701 NW 7th Avenue Miami, FL 33150-3212 These vehicles will replace three (3) 1989 Kawasaki motorcycles No.'s 1901, 1902 & 1903 to be disposed of at auction. We have discussed this replacement with Lt. Davis Delray Beach Police Department and are in compliance with his needs in this request. CC: Richard Corwin Bill Greenwood Lt. M. Davis n_ , ., . stATE Of' nAHUDA UtWTON CMIW. .......- . J.II .IIITN DEPAIlTIIENT OF GENERAL SERVICES .".U"" .. ...... eoe eUTTCIIWOItTM aOGEI EXECV1'IVE ClHTEa A"..... ......~ O'"ALO U... mf CEH'l'EIVJEW DRIVE ..... e......u.. . . . TOM .ALUt.MlIt !\ ~ UlGB1' BUILDING. sum 110 ..... T.".IHl'. T'"'' .......EE no aoa eIlA.'OIlD ----. RIDA Wtt-OIH c....._... ., A....vulHl. RONALD W THOMAS a'Tn CA.TOII EaCCU1,.,1. 0.., c to. c..........,. .. &.vc.,... 'U;A,V: AI)n..:" ..:rl.' TO, SUlte 220 CERTIFICATION O~ CONTRACT TITLE: Small Utility Vehicles, CONTRACT NO.: 070-840-92-1 All Terrain Vehicles and Motorcyclfls BID NO.: 211-070-840-P EFFECTIVE: OCtober 1, 1991 through September 30. 1993 CONTRACTOR(S): See Atcached List SUPERSEDES: 070-840-90-1 ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OP JIM DEN BLBYKER AT (904) 488-8367 SUNCOM 278-8367 I f A. AUTHORITY - Upon affirmative action taken by the ~tate of' Florida Department of General Services on September 12. 1991', a contract has been executed between the State of Florida and , the designated contractors. , B. EFFECT - This contract was entered into to prOVide economies in the purchase of Small Utility Vehicles, All Terrain Vehicles and Motorcycles by all State 0: Plorida agenCies and institutions. Therefore, in compliance with Section 287.042, Plorida Statutes, all purChases of these commodities shall be made under the teras. pric..s, and conditions of this r.ono;.ract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance With the attached ordering instr:uctions. Purchaser shall order at the prices indicated. exclusive of all federal. state a~d local Laxes. ./ AU contract purchase orders shall show the Division ot Purchosing contract number, product number, quontity, description ot item, with unit prices extended ond purChase order totaled. (This requirement may be waived when purchase is made by a blanket purchose order.) Upon request, one copy of each purChase order shall be forwarded to th1s off1ce, .as . prOVided in the Division of PurChasing Rule 13.\-1. 008, Florida Admin1strati ve Code. 1'1\'1'1' . s UN~ ", , "N'''''''''"'' . ....". "'W' . ""'~. ""'''I'''C''~''' .. IN"'1\,,, \11..,... . '" ..11.... ""\C.UII ,. ~ \- \ ."....""..-... ..," t.... "'...... ..... . ".....4...~.. "" " . 1 .."t ...." "..., .... ""-"........." Dt:t.nuaxc; GCJ\":RNMt:'~TAI. Sr.RVlct:5 . J/u-;)bV-b)O -6f'EClf" ICA TIOK IfU1lBn MAXI Rarl.y-David.an IWm mrr1'8 .IIID un mrrrs WI'1'8 OPnOllS I'l'EK CONTRAC'l'OR. OISCOUH'l'* HODEL' PIUCE We.tern oi.trlct Adamec cycl. .al.. ..::.0.::... PXRP $6.710.00 (A Korthern 01.trlct Adamec ~cl. Sal.. ..::.0.::... "UP - Sti.780.00 (. central Dl.~rlct Dick rar..r'. Barley -=.Q:.... - ..XJtP - 16.511.00 (C David.an of orlanda south.rn ol.trlct Barl~-D.vid.on of Kie~ -=.0.:... PUP $6.325.00 (0 *ol.count per unit for ~torcycle pick.d up by ord.ring aCJency at contractor'. plac. of bu.in.... ~. / PREPARED BY DATE SHEET KO. (Revl..d 10/21/91) -19- HP 4/05/n 3 of 4 -- lIP 6303 C5/89) . . . . IPCCIFICATIOI 0'10-U"-fr . . IUIIIEI KAXE BarleY-Davidson OPTION s 070-560-651-optioD, Police Motorcycle, 2-wb~.1, G.loline OPTIONSs (1) fOOL. 'l'Wo (2) purluit au-obe lithtl, r.:I or blue (dual forvud IIOWlte~ -Whalen SU-obe %:-.. or apprOftd equiv&lent). Factory or d..ler tnatall.d. aid to 1Dclud. .11 ~t1Dt bzacketa aDd hardware required for iDltallatioD. 'e. Kote 2. . AC'I '001 '27!.~0 W,.. Dnn> uo f325.00 C Olma. CODE BDM FSI 'RICE t24!.OO . .- (2) 6C03. on. ,.J red or blue rear ~ted atrobe on a .tainlel. .teel telelcopin9 Ihatt (Whelen Hodel X leriel '010'111"00 or approved equivalent). 'baft to extend frea 22- to 42-. ractory or dealer tnltalled. aid to lDclu~e all aountlDt bracket. ana bardware requIred for 1nltall.t10D. lee Hote 2. ACS 6002 $195.00 W,N OnD JUl'O $2~5.00 C Olma. CODE BDM ItS _ nICE nl!.!)O 1- (3) 1001. PUblic addr... .y.t.a, factory or d.al.r tn.talled. ACS 1001 $ 80.00 W,. Dnm uo $ ". 00 C OImER CODE__. B~K PAM nICE S 15.10 . - (4) 1002. Special Itate color.. ~toDe .19b~ay 'atrol creaa (Du,ont Centar1 Ho. l XJ034A and alack (DuPont c.ntar! Mo. "). Color Icb... to ~. prov~ded to lucc..lful ~4dder. Aes '1002 HIe "',.H .' onm HIe ulC ~ OIlDU CODE II!)K lorD PR:C:Z HIe. I (5) 1003. special color(.) other tbaa tho.e in opt10n 1002. Color(.) to be cpeclfled by purcha.er. AC. 1003 HIe W,. DrlD 'tAlC HIe C OROD CODE Bt\K P'P 'RICK HIe. . NO'1'ESa /" 1. Tire. are rated for lpeed 'yabol 8 and speed Cate~ory 130 KPH. 2. Color of .trobe litht. i. to be .pecified by purcha.er. PRUARED IY DATE SHEET HO. . . . HP 4/05"1 4 of 4 .. ~n .. 6303 (5119) . . Agenda Item No. : AGENDA REQUEST Date: T::>n'1<,-ry 1Q.1QQ1 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: T::>n11::>-ry 1(,. 1993 Description of agenda item (who, what, where, how much) : Pllr('h,qR~ Award - Police Uniforms - Term Contract ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: A~ard to Martin's Lamar Uniforms, via contract with City nf 'Rn('::> R::>t-nn, <'It- <'In pl':t'im,qt:~rl annual cost of $30.000. -r;1 it?"') ~. . ~ 4A Department Head Si~nature: ~L.rA ~ ' I ~ 93 , . Deteraination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/ NO Funding alternatives: (if applicable) Account No. & Descr~tion :(1)1- I.-lIkS1J.S2.r2--Z- Al'Y1IN. rttJ I FD~~ .~~ Account Balance: 111, r?n./g , C()/i.2"~f;2' . S-z:..u.S\.lpPcRJ U~IFDe.M5 Bc;D.7C City Manager Review: CO _ 2.1IS;-S-z.I . E;2.~2.. IN rESr. U AJ, FoeMS '2. ,52.0CC Approved for agenda: (!!!J/ ~b7-SZ.I.Sl.-2:Z.. ~2oL lAN\F"OIZMS I" ?~'.te Hold Until: t/JVl I Agenda Coordinator Review: Received: Action: Approved/Disapproved .. . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager FROM: Ted Glas, Purchasing Officer ~~ DATE: January 19, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 26, 1993 - PURCHASE AWARD POLICE UNIFORMS - TERM CONTRACT Items Before City Commission: The City Commission is requested to approve a contract with Martin's Lamar Uniforms for police uniforms at an estimated annual cost of $30,000. Per the Finance Department, funding is from: ( ) . Background: Funds were placed in the Police Department Operating Budgets to purchase police uniforms. A total of $ was budgeted for these uniforms. Police uniforms are available via a competitive bid contract with the City of Boca Raton. The low bidder is Martin's Lamar Uniforms. Boca Raton awarded the police uniform portion of their contract to Martin's Lamar Uniforms, and this vendor is extending the same contract to the City of Delray Beach. The Police Department has reviewed the contract and recommends award, per attached memo. Recommendation: The Purchasing Officer concurs with the recommendation to purchase police uniforms from Martin's Lamar Uniforms, via the City of Boca Raton contract, at an estimated annual cost of $30,000. Attachments: Documentation on Boca Raton Contract Letter from Martin's Lamar Memo from Police Department pc: Chief Overman <?L3 '. , tll"lJ"~.) lJ:~lil A 305 477 2958 MRRTINS UNIFORMS p.e2 ... . "on Martin's Lamar Uniforms ,. ()lVISION 01. ,.,. Superior Surglc.' 7230 N.W. 46th Street - P.O. Box 521343 Mfg. Co., Inc. Miami, Florida 33162-1343 (305) 693-1500 Mr Ted alaa 1-16-93 purch.atne Orrlcer City of Delray Beach 100 N.W. 1st Ave nelra~ Beach, VI 33444 Dear Nr Glas, This is to con'irm my conversation with Major William Cochrane of the Delray Beach Police Dept concerning Bid' 92-126/LK, tor the purchase ot unffor.. tor fiscal year 1992 -1893, tor the City or Boca Raton. It will be the pleasure ot Martin'. LaMar uniforms, aa awardee or aaid bid, to extend all pricing with 8a.e terms and condition. to the Ctt~ ot Dclray Bcach and all or it's varioua depart.onts tbrou~h the bid expiration date of September 30, 1993. rt I .a~ be or further assistance to you or you~ slatt please do not hesitate to call ~ .~ Steve Stidham Sales Representative /' . . COUNCIL APPROVAL PROCUREMENT RECOMMENDATION - TARGET AGENDA DATE: October 13, 1992 - --------. Subject: Uniforms & Accessories Bid No. 92-126 Department: Fire Police Procurement Method: Competitive Sealed Bid Amount: Split Award Recommendation: Award of contract by section to the low responsible bidder meeting specifications. section I, Martin Lamar, section II Martin Lamar and section III Martin Lamar. Section IV is to be awarded to the low bidder item by item. History: Sealed bids were opened in the Purchasing Office on August 14, 1992. Twenty-seven vendors were solicited. One vendoi submitted a "no-bid", two vendors submitted non- responsive bids and six vendors submitted responsive bids. Based on the items being purchased by the Fire Department, Martin Lamar is low bid for section I. Martin Lamar is also the low bid for section II, Police Uniforms. The low bidders for section III, JR Manno and Harrison Uniform did not meet the quality and material specifications. The third low bidder, Martin Lamar is being recommended award for section III, Civilian Uniforms. VENDOR AWARDED SECTION/ITEMS TOTAL MARTIN LAMAR SECTION 1,11,111 $83,000 MIAMI, FL SECTION IV, ITEMS 8, 8A, 9, 10, 41 DON HUME SECTION IV, ITEMS 1-7, 13, 13A, 17-20 10,000 MIAMI, OK 22, 25-28, 42 HARRISON UNIFORM SECTION IV, ITEMS 6, 24, 31, 33, 39 9,700 BOYNTON BEACH, FL LAWMEN & SHOOTER'S SECTION IV, ITEMS 20, 32, 34, 36-38 5,300 VERO BEACH, FL JR MANNO SECTION IV, ITEMS 14, 15, 29, 30, 35, 40 3,000 LAKE WORTH, FL CUSTOM DESIGN SECTION IV, ITEMS 11 & 12 1,500 POMPANO BEACH, FL Account No.: 001-221-521-5221 - $12,000 Police 92/93 001-223-521-5221 - 46,400 001-223-521-5216 - 9,600 001-252-522-5221 - 41,500 Fire 92/93 001-251-522-5221 - 3,000 Approvals: PurChaSinq:~ . . ~c(' Buyer: Finance Director: Senior uyer: r City Manager: Purchasing Agent: ~ U q\ dc,~ \ ~ ---- y'!:." ~ Purchasing Memo No.: 020 ~ ~ '" '-: .....~;: <- , . tUNIFOAM I I SHOOT EA S II DESIGN IU\MAR I ! ITEM DESCRIPTION EST. I~NIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT UNIT QTY PRICE PRICE PRICE PRICE PRICE PAI"E PRICE PRICE PRICE PRICE 15 WOMEN'S DRESS PANTS 10 22.75 227.50 25,95 259.50 21.25 212.50 25,95 259.50 MARTIN OR EQUAL 21248 1 00% TEXTURIZED DACRON POLY 11.5 OZ GABARDINE MIDNITE 17 BOCA RATON FIRE DEPT. f:'ATCHES 1760 1.75 3080,00 1.00 11;118.40 1.20 2112.00 1.00 lQ18.40 TO BE SEWN ON SHIRTS. JUMPSUITS & JACKETS (SEE SAMPLE ATTACHED) 16 PARAMEDIC EMBLEMS (SMALL) 300 1.75 525,00 1.00 .:300.00 1.75 525.00 1.00 300.00 TO BE SEWN ON YELLOW JUMPSUITS (SEE SAMPLE ATTACHED) 19 BELL CROWN HAT 10 35.00 350.00 36.00 360.00 29.50 295.00 ".00 360,00 WHITE LEATHERETTE BU\CK RAYON BRAID KANK KRAK BLACK GOLD F D GOLD WIRE LACE TOTAL SECTION I. FIRE DEPARTMENT UNIFORMS 111581.75 141444,40 131263.50 SECTION II. POLICE DEPARTMENT UNIFORMS \ SHORT SLEEVE SHIRTS WI ZIPPER 300\ 21.95 6585.00 20.60 6180,00 19.95 5985.00 --~- MARTIN OR EQUAL I 22464 MIUKEN MILL FABRIC N6~4 OR eQUAL 100% TEX'TVRIZED POL Y (FEA TEHRWEIGHT) GAB~OINE I 2Xl CONSTRuCTION I 4,35 TO 4,4 02 Isa YO OK 8L. MED. BL. WHT, OR GRY LONG SLEEVE SHIRT WI ZIPPER 100 I 23.85 2365.00 23.20 2320.00 22,25 2225.00 2 MARTIN OR EQUAL 23454 I MIlIKEN MILL FABRIC #6964 OR EQUAL I 100% TEXTUAIZEO POLY (FEATEHRWEJGHT) GABfD1NE 2X1 CONSTRUCTION 'I 4.35 TO 4.4 OZ ISQ YO. I OK BL. MED. Bl. WHT. OR GAY i I 270 i 22,75 6142,50 25,95 7006.50 21,25 5737.50 3 TROUSER --- .--_.~ I MARTIN OR EQUAL I \ 21248 GREENWOOD MILL #882-61 100% TEXTURJZED POLY, 2PL Y 11 OZ GABARDINE CENTURY 21 OR EQUAL DARK BLUE 500.00 51.00 510.00 33.50 335.00 4 BREEZE BENDER JACKET, WI LINER 10 50.00 SLEEVE SlYLE MARTIN OR EQUAL 24648 I DARK BLUE I 70,00 2.85 5700 2.75 55.00 5 NECTIE, SEND OVER. COLOR BLACK 20 3,50 SAMUEL BROOM OR EOUAl 254Ql GABARDINE LIGHT WEIGHT 682.50 25.95 778.50 21.25 637.50 30 22.75 6 TROUSERS CROSSING GUARDS 21265 TAUPE 54750 15.30 45;.00 75.50 465.00 30 18.25 7 SHOAT SLEEVE SHIRT CROSSING GUARDS 22150 WHITE 487.50 29.95 748.75 20.95 523.75 25 19.50 6 SWEATER, V NECK AGE: 3 'f UNIFORMS & ACCESS BID NO. 92-126/LK 8114192 1:00PM r ,J&RMANNQ HARRISON MAHTlN LAWMEN'S & DON HUME CUSTOM I UN" TOOAL UNIFORM LAMAR SHOOTERS DESIGN ITEM DESCRIPTION EST UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT UNIT ~",-'---'- OTY PRICE PRICE PRICE PRICE P_RICE PRICE PAICE PAICE PAICE PRICE ! --, ~4858 I I ~ T!'_O_U~3 ___~__~~___,__ "I 14\15 ""'I "OS ""'751 "95 446.75 21318 corrON TWill NAW I 10 '!WILL JUMPSUIT NIB 0.00 26,115 1573.75 20_\lS 523.75 MAI'ITIN MAF\OAC 25315 MilLIKEN ....1Ll..S '!73455 NAVY &. 1086 'fEllOW BACK EMROIDEAY-LElTERING 1700 1,55 '00 '''00 I FaA TWILL JUMPSUIT, 2"8LOCK.. WHITE HA l_ R9Y~O TE:P_ CAP _ "00 12,00 12.40 I ?Ol '" oo! 27071 1 SLAC'" VISeA FRONT. NAVY TOP 1 SOLID. BRAID BAND COLOR BLAOi ! VENTED OR NOT VENTED BRAiO BAND STRAP BUTTONS (SIL VER OR GO\!) & PLASTIC COVER\ W~RAlD BRANO ST1'\j!..f>1 EXPANSION1Ql/2TO'21f'2TIPTQTIP . 13 ~-:-T ROUND TOP CAP --- 201 12,00 240,00 10_00 11,30 =001 27718 I SLACK VISQA FRONT, NAI/'( TOP I SOLID BRAID BAND COLOR BLACoo:: I VENTED Oi'l NOT VENTED I BRAID BAND STRAP e,lUTIONS ISll VER OR : GOLD Ii PLASTIC COVEl'll W/BRAlD 8RAND STRAPI I EXPANSION 10 1/2 TO 12 1/2 TIP TO TIP " hAT, ROUND TOP CAP "I I '00 420 '.00 4000 I 252ge BLACK VISOR FRONT. NAVY ToP SOLID, BRA\O BAND COLOR 8lACoo:: IEN;EO OR NOT VENTED BRAIO SAND S"ffiolJO BUTTONS \Sll VER OR GOLD & PLASTIC COVER) WI6RAlD B.'lAND STRAP: t:XPANSIQN ,Q 11'2 TQ ''2 11'2 TIP TO TIP " ~T JACKEI __",_~_. 251 4'200 34_60 8700013350 ,''so I 24)MW/24697 I I I 65'\0 DACRON POL Y 35"'- COrrON I SHELL WI CLOTH BADGE SEWN ON DAJ'1.KBLUE I I ""'~I TOTAL SECTION II. POLICE DEPARTMENT UNIFORMS I 1\l7M75 20565,001 ~~CTI~ 1~~?<2L~~VILlAN UNIF~~.:> I , SHORT SLEEVE SHIRT_ DRESS , 1325 12.80 102.40! 13.65 11080 ! --~---~-~-,--"---,- I 22920 55'\. DACRON, 35'1t. COTTON OXFORD CLOTH 2 LONG SLEEVE SHIRT. DRESS~_ 14_25 ,,,001 ".00 1ce.OO 15,65 1'25_20 231il20 e5or. DIl.CRDN, 3Sor.CQTTQt-O Q)(FOf'ID CLOTH :) BLAZER ~$oo 65O_oo! 70,00 700_00 7$,25 152.50 20600.20607.20608 I 11)()'\, POLYESTER, COMFORT FIBRE I NAI/'(, GRAY, BURGUNDY I ~R.2... 2000 138000: 20_50 I 1224,001 20431,20437,20438.20431il , 12300012040 '00% POL 'fESTER, COMFOAT _FIBRE I NAVY. GRAY, BURGUNDY, BLACK ,," J "SO ITO MATCH 6L..AlER) , SLACKS. WOMENS 24,25 1410.00 27,20 11532.00 20571,20577. 20578. 20571il I lClO'll, POLYESTER. COMFORT-FIBRE r-.AVY, (F,AY, BURGUNDY_ BLACK I PAGE: 4 , . Agenda I tern No. : AGENDA REQUEST Date: January 19, 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: January 26, 1993 Description of agenda item (who, what, where, how much) : Bid Award - Disposal site for Water Treatment Plant Lime Sludge. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder Pavex Corporation, at an estimated annual cost of $20,500. ;;;J /it.:J/ ~~A ~~~.~ ,lzofCf.3. pepartrnent Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: (i;J NO Funding alternatives: . (if~liCable) Account No. & Description: ~2.2-6~.~O ()THe:..e. Account Balance: IS ,~. CoN1"Ft. SV~. City Manager Review: Approved for agenda: @/ NO /t~ /( Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved " . I?obe~t- J3a.rc/~skl J;..- //:) ct//. S~ c'h-er! ) ' ).. e /)-f J-- e it - /lJ fv d~ ;r~~~M E M 0 RAN 0 U M AS JAN 1 9 1~~3 Il~ ~,t/t(y T- (PI/I Iref4J'e //-J fA/tit- jlq c /r flJ e .f.~ TO: Ted Glas Purchasing Department 01/;1/18 FROM: George Abou-Jaoude Deputy Director/P.U. .. SUBJ: AWARD BID #93-18 DISPOSAL SITE FOR WATER TREATMENT PLANT LIME SLUDGE DATE: January 14, 1992 Our staff has reviewed the bid tabulation for the project stated above. We recommend that the bid of award goes to Pavex corporation for $1.18/cubic yard. The funding will come from account #441-5122-536-34.90. If you have any further questions or comments, please feel free to contact me. ., \. GA,;pw cc: FILE; Memos To Purchasing Department " a:BID1 ~/ -- i . . ~ MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer .~~~ DATE: January 19, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 26, 1993 - BID AWARD - BID #93-18 DISPOSAL SITE FOR LIME SLUDGE Item Before City Commission: The City Commission is requested to award a contract to the low bidder, Pavex Corporation, at an estimated annual cost of $20,500. Per the Finance Department, funding is from: ( ) . Background: The Water Treatment Plant needs a site for disposal of lime sludge produced as a by-product from the lime softening process, with funding from their contractual services account in their operating expense budget. Bids for this contract were received on January 11, 1993 from (2) firms, all in accordance with City purchasing procedures. (Bid #93-18. Documentation on file in the Purchasing Office. ) A tabulation of bids is attached for your review. The Deputy Director of Public Utilities has reviewed the bids, and recommends award to the low bidder, Pavex Corporation, per attached memo. Based on an estimated average rate of 67 cubic yards/day for a five day work week, it is estimated that 17,400 cu. yds of lime sludge will be dumped per year. At a cubic yard dumping fee of $1.18, the estimated yearly cost is $20,500. Recommendation: The Purchasing Officer concurs with the recommendation to award this contract to the low bidder, Pavex Corporation, at an estimated annual cost of $20,500. Attachments: Tabulation of Bids Recommendation from Public Utilities c: William Greenwood George Abou-Jaoude gL~ .. , - MEMORANDUM TO: Ted Glas Purchasing Department FROM: George Abou-Jaoude Deputy Director/P.U. SUBJ: AWARD BID #93-18 DISPOSAL SITE FOR WATER TREATMENT PLANT LIME SLUDGE DATE: January 14, 1992 Our staff has reviewed the bid tabulation for the project stated . above. We recommend that the bid of award goes to pavex corporation for $1.18/cubic yard. The funding will come from account #441-5122-536-34.90. If you have any further questions or comments, please feel free to contact me. GA,: pw cc: FILE; Memos To Purchasing Department a:BID1 '-, /" '. . January 11. 1993 TP8JlATI(Jll OF BIOS BID t93-18 DISPOSAl... SITE ~ WATER TREAll1EHT PlANT LIME Sl.UXiE CIlY OF DElRAV BEACH DESCRIPTION Pavex Corporation Environmental Sciences Corporation COST ~ Dt.K>IHG LIME SLLOOE AT SITE: $ 1.18 1 cubic yard $ 3.24 / cubic yard PRICE PER ClBIC V~ LOCATICIf OF SITE: 2501 N.W. 48th Street, Brady Farm. 27001 S.W. Pompano Beach. FL 33073 Warfield Road. Indiantown. Florida CQ11EHTS/EJCl:EPTI(JllS: Contact Gene Shamblin @ 428-8712 to arrange for delivery & location to dump material , ! I I I , ~ / 1 .' I - .,- '. . IITY DF DELIAY BEA[H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 FACSIMILE 407/278.4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: January 25, 1993 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Kettelhut vs. the City of Delray Beach As you may recall, this matter was before you on January 12, 1993. At that time, we informed you of the arbitration award in this case in the amount of $31,077.45 plus $1,000 in previous arbitration expenses advanced by the Complainant. At this time, we have no other legal recourse but tQ pay this award. Our office would recommend that we dismiss our counterclaim against H. Kurt Kettelhut and Associates and obtain releases, accepta~ to our office from Mr. Kettelhut which will protect the City from any further claims by Mr. Kettelhut and resolve the entire dispute. Without the dismissal of the counterclaim, we will have to pay the arbitration award without the protection of releases from any further liability. By copy of this memo to David Harden, City Manager, our office requests this matter be placed on the January 26, 1993 City Commissio onsent agenda as an amendment, thereto. cc David Harden, City Manager Ali~~MacGregpE Harty, City Clerk lcettle9.aAr 8'.m. . . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 26, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: @ 8.M. DISMISSAL OF COUNTERCLAIM/KETTELHUT VS. CITY OF DELRAY BEACH. Authorize staff to dismiss the City's counterclaim in the matter of Kettelhut vs. City of Delray Beach. City Manager recommends approval. . THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.E. CHANGE ORDER NO. l/ASPHALT CONSTRUCTION OF PALM BEACH, INC. Approve a change order to the original contract for the N.W. 10th Avenue Extension/Spady Access Project to Asphalt Construction of Palm Beach, Inc., in the amount of $82,660.26; with funding from Stormwater Utility Fund - Northwest Drainage Area Project (Account *448-5411-538-62.11) . City Manager recommends approval. 9 . F. CHANGE ORDER NO. 2/HARDRlVES, INC. Approve Change Order No. 2 to the contract with Hardrives, Inc. for the 1992 Street Resurfacing Program, in the amount of $100,000*; with funding from Capital Outlay/Street Reconstruction (Account #225-3162-541-61.17) . City Manager recommends approval. *$100,000 is an approximate figure; a final estimate will be provided at the January 26, 1992, meeting. 9.G. PURCHASE OF FURNITURE FOR TENNIS CENTER/BUDGET TRANSFER REQUEST. Approve the purchase of furnishings for the tennis center clubhouse from J.C. White in the amount of $14,935.25; with funding from Tennis Center - Furniture/Fixtures (Account #001-4124-572-64.10), subject to approval of accompanying budget transfer. City Manager recommends approval. '. . DF DELRR~f Br:Q[H .. .~ -" < , t . ,; ""~ ,,~'i, '.. . ' r rTORNEY'S OFFIC ~ ' .'\ \ 1 '" '! . n:.; F. .... Y b 1: . \ C I I. F I lJ i \ ; . ) ..\ :-:. :: ..: -" ,: ,,: t ..: _,- :-.., J-~'::' wr~~_r'. D~r_c~ L~n_ (407) 243-7090 MEMORANDUM Date: January 22, 1993 To: City Commission Assistant City Attorne~ From: David N. Tolces, Subject: Agreement with South Central Regional Wastewater Treatment and Disposal Board Regarding Dechlorination Facility at The Michael J. Machek Boy Scout Hut The attached agreement before you will grant the SCRWTDB the right to install and maintain a dechlorination facility at the City's Boy Scout Hut. The agreement is for a period of 25 years and may be extended for another 25 years with proper notice. The installation of the facility will be at the SCRWTDB's expense and all work will be approved by the City prior to commencement. The attorney for the SCRWTDB has reviewed and approved the language contained in the agreement except for the "Termination" paragraph. That paragraph provides for the SCRWTDB to remove the improvements in the event the agreement is terminated. The SCRWTDB will be meeting on February 4, 1993, and at that time should approve the agreement. If you have any questions, please call. DNT:sh Attachment cc: David Harden, City Manager Cheryl Leverett, Agenda Coordinator Bcrwtdb.dnt fJN .. . RIGHT OF ENTRY AGREEMENT FOR CONSTRUCTION OF DECHLORINATION FACILITY THIS AGREEMENT, made and entered into this day of , 1993, by and between the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, (hereinafter referred to as "SCRWTDB" ) , and CITY OF DELRAY BEACH, FLORIDA, (here- inafter referred to as "OWner"), provides as follows: WIT N E SSE T H: WHEREAS, OWner is the owner of certain real property in Delray Beach, Florida, known as the Boy Scout Hut, as said property (the "Property" ) is legally described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, SCRWTDB desires to construct a new dechlorination facility (the "Facility") as depicted in Exhibit "B" on the property; and WHEREAS, OWner is willing to permit SCRWTDB to enter onto its property in order to install and maintain the dechlorination facility, and to grant the SCRWTDB the right to enter onto the property for the perpetual maintenance of the Facility. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, SCRWTDB and OWner hereby agree as follows: .. . completion strictly in accordance with the plans and specifi- cations. 5. Use of Premises. SCRWTDB shall use the Premises solely and exclusively for the operation of its dechlorination facility. SCRWTDB shall not use, permit or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of OWner. 6. Waste or Nuisance. SCRWTDB shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect City's fee interest in the Premises. All refuse is to be removed from the Premises at SCRWTDB's sole cost and expense and SCRWTDB will keep such refuse in proper fireproof containers on the interior of the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. , 7. Governmental Requlations. SCRWTDB shall, at SCRWTDB's sole cost and expense, comply with all ordinances, rules, regulations, orders and requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to SCRWTDB, its use of the Premises, or the Premises generally. 8. OWner shall not be obligated or required to make or conduct any maintenance or repairs to SCRWTDB's facility. 3 '. . upon and perform construction and maintenance tasks on the Facility associated with the property described in Exhibit "A". SCRWTDB and its agents shall have the right to enter upon the property at all reasonable times to examine the Facility, and to make such repairs, alterations, improvements or additions as SCRWTDB may deem necessary or desirable. II. Work Schedule. SCRWTDB agrees to coordinate the working schedule of the Facility construction project with the Owner in order to minimize any impact to the Owner. 12. Termination. In the event that the facility is abandoned by SCRWTDB, then the agreement shall terminate. Within 90 days of the termination of this Agreement, or the expiration of the term of this Agreement, SCRWTDB shall, at the City's option, remove any and all improvements and restore the property to its original condition. Should the City decide against having the SCRWTDB remove the improvements, title to said improvements shall vest in the City upon termination of the Agreement. All costs of such removal and restoration to be borne by the SCRWTDB. 13. Restoration. SCRWTDB agrees that, upon completion of the construction of the Facility, it will restore Owner's property, including landscaping to its previous condition. 14. Entire Aqreement. This Agreement and any Exhibits attached hereto and forming a part thereof as if fully set forth herein, constitute all agreements, conditions and under- standings between Owner and SCRWTDB concerning the Premises. All representations, either oral or written, shall be deemed to 5 '. . Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. WITNESS: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD By: (type or print name) ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: City Attorney SCRWDTB .AGT 7 .. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttjJ1 SUBJECT: AGENDA ITEM # c; A - MEETING OF JANUARY 26. 1993 REPORT OF APPEALABLE LAND USE ITEMS DATE: January 22, 1993 This item is before you for acceptance of the report of decisions made by the various development related boards during the period January 11, 1993 through January 22, 1993. The following actions were considered during this reporting period: Planning and Zoning Board did not consider any appealable items during this reporting period. Site Plan Review and Appearance Board: -Approved the directional menu board signs in conjunction with the master sign program for DBO Acres. Tabled the monument and entrance signs. -Approved the architectural elevation plan (facade and color change) for the Barefoot Bar and Grill. -Approved the architectural elevation plan for Computer Parts Outlet, Inc. -Approved the architectural elevation plan (color change) for the Backroom Lounge. -Approved a minor site plan modification, landscape and architectural elevation plans associated with the expansion of Abbey Delray South; and, granted a reduction in parking by 24 spaces. -Approved a minor site plan modification (3-1 vote) , landscape and architectural elevation plans associated with a 13,600 square foot second floor addition for Delray Lincoln Mercury. -Approved the site, landscape and architectural elevation plans associated with the demolition of an existing Mobile Gasoline Station and construction of a new Shell Oil gasoline station, carwash and convenience store. -Approved the site, landscape and architectural elevation plans for Builders Square. The Historic Preservation Board did not consider any appealable items during this reporting period. A detailed staff report is attached as backup material for this item. . . [l( t7L/l C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~AVID~.. HARDEN, C~~Y MANAGER ,Jet,._t J ,,~J{_. Of-<\-- THRU: ~VID J. KOVACS, DIRECTOR D~AR~MENT,OF PLANNING AND ZONING lao~^, dn, FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF JANUARY 26, 1993 REPORT OF APPEALABLE LAND USE ITEMS JANUARY 11, 1993 THRU JANUARY 22, 1993 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 11, 1993, through January 22, 1993. BACKGROUND: This is the method of informing the City Commission of 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 City 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. '. . City Commission Documentation Report of Appealable Land Use Items January 11, 1993 thru January 22, 1993 Page 2 PLANNING AND ZONING BOARD MEETING OF JANUARY 11, 1993 No appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items: * Recommended approval (5 to 0), of the City initiated rezoning from Planned Commercial (PC) to Automotive Commercial (AC) for Dan Burns Oldsmobile. * The Board considered several LDR Text Amendments. The Board recommended approval (5 to 0), of the following amendments: - Prohibition of parking in swales. - On-site parking on improved surfaces. - Minimum landscape requirements for single family sites. - Manual irrigation for single family sites. - Changes in Setbacks for Duplexes in the RL and RM zone districts. - Additional variance criteria for Historic Sites. - Use of Life Guard facilities in the OS (Open Space) district. - Banners, Wind Signs and Flags. The Board recommended denial (4 to 1), of the Text Amendment regarding the "Definition of Family". Several other Text Amendments were tabled to the January 25th Regular Meeting for further discussion by the Board. These are: - OSSHAD (Old School Square Historic Arts District). - Creation of a new Light Industrial zone district. - Community Facilities district - purpose statement - Locational criteria for auto repair in the AC zone district. - Definitions of "interested party" "affected party" "aggrieved party". - Allowing Boat parking in front yards. * Another agenda item which the Board recommended approval (5 to 0) , was an amendment to the Comprehensive Plan to accommodate an emergency capital expenditure for drainage improvements (Tropic Harbor). This item was considered by the City Commission on first reading of the enacting ordinance on January 12th. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JANUARY 13, 1993: : 1. Approved the directional and menu board signs in conjunction with the master sign program for DBO Acres, located on the south side of Linton Boulevard, east of SW 4th Avenue. Concurrently, the Board tabled the monument . . City Commission Documentation Report of Appealable Land Use Items January 11, 1993 thru January 22, 1993 Page 3 and entrance signs so that the applicant may readdress their location which were thought to be located too close to the road (Vote 5 to 0). 2. Approved the architectural elevation plan (facade and color change) for The Barefoot Bar and Grill (old Phoenix) , located on the west side of A-1-A and just south of Atlantic Avenue (Vote 5 to 0). 3. Approved the architectural elevation plan for Computer Parts Outlet, Inc. located on the east side of SE 1st Avenue, south of Atlantic Avenue (Vote 5 to 0) . Both the site plan and landscape plan were previously approved by the Board. 4. Approved the architectural elevation plan (color change) for the Backroom Lounge, located at the northwest corner of Atlantic Avenue and NW 3rd Avenue (Vote 4 to 0). 5. Approved a minor site plan modification, landscape plan and architectural elevation plan associated with the expansion of the Abbey Delray South a continuing care facility, located at the southeast corner of Linton and Homewood Boulevard (Vote 5 to 0) . The Board also granted a reduction in the parking by 24 spaces based upon special documentation provided with respect to the parking demand needs at this facility. 6. Approved a minor site plan modification (on a 3 to 1 vote), landscape plan and architectural elevation plan (on a 4 to 0 vote) associated with a 13,600 sq. ft. second floor addition at Delray Lincoln Mercury, located on the west side of Federal Highway, south of Linton Boulevard. 7. Approved the site plan, landscape plan and architectural elevation plan associated with the demolition of the existing Mobile Gasoline Station and construction of a new gasoline station with convenience store and car wash for Shell Oil, located at the southeast corner of Military Trail and Atlantic Avenue (Vote 5 to 0). 8. Approved the site plan, landscape plan and architectural elevation plan for Builders Square, located south of Linton Boulevard, between 1-95 and Lindell (Vote 4 to 0). No other appealable items were considered by the Board. HISTORIC PRESERVATION BOARD MEETING OF JANUARY 20, 1993 No appealable items were considered by the Board. However, the following agenda item required Board action. . . City Commission Documentation Report of Appealable Land Use Items January 11, 1993 thru January 22, 1993 Page 4 * Granted a Certificate of Appropriateness in conjunction with facade and color changes for a contributing single family residence at 303 N. Swinton Avenue (Vote 5 to 1). RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map , . LOCA TIOH MAP f"OR CITY CO......ISSION ...EETING " Of" JANUARY 21, 1993 L-3Q CANAL ... :;) z ~ i z ~ ! LAKE IDA ROAD ... 15 ~ I NW2ST 7 ATLANTIC AVENUE SW2ST ~ w ~ S ~ lit .. 5 a a '2 i LOWSON BOULEVARD I :. 0 UNTON BOULEVARD :z: ~~ 0It1; III III ... iii: c:l ~ 6 u L-3I CANAL S.P.R.A.B. ITEMS: 1. - DBO ACRES MASTER SIGN PROGRAM 2. - THE BAREFOOT BAR at GRILL 3. - COMPUTER PARTS OUTLET, INC. 4. - BACK ROOM LOUNGE N 5. - ABBEY DELRAY SOUTH - 6. - DELRAY LINCOLN MERCURY 7. - SHELL OIL CITY OF DELRAY BEACH. f1.ORlDA 8. - BUILDERS SQUARE PLAHNIHC DtPARNENT , . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER bjNl SUBJECT: AGENDA ITEM # ~~ - MEETING OF JANUARY 26, 1993 ACCEPTANCE AND PLACEMENT OF DONATED SCULPTURE DATE: JANUARY 22, 1993 This item is before you to consider accepting a sculpture by Robert Palazzi donated to the Pineapple Grove District and to consider the Pineapple Grove Support Group's recommendation to place the sculpture on either the corner of N.E. 2nd Street and N.E. 2nd Avenue or on the corner of Atlantic Avenue and N.E. 2nd Avenue. Mr. Palazzi has requested that the sculpture, currently located in front of Grant Thornbrough's office on Swinton Avenue, be relocated to Pineapply Grove Way. The Pineapple Grove Support Group was contacted and by consensus did not object to the proposed relocation. It is staff's opinion that the best location for this sculpture is on the corner of N.E. 2nd Avenue and N.E. 2nd Street in a large landscaped area which abuts Rose Auto. Recommend acceptance of a sculpture donated by Robert Palazzi and placement of the sculpture at the corner of N.E. 2nd Avenue and N.E. 2nd Street, subject to the necessary permits being obtained from the Building Department. ., . . . Agenda I tem No.: 'AGENDA REQUEST Date: 1/21/93 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 1/26/93 Descriftion of agenda item (who, what, where, how much): pproval of Location for Donated Sculpture for Pineapple Grove Way on the northeast corner of NE 2nd Ave and NE 2nd Street ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: '~~ ~(M : Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: (iSJ/ NO t9~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ RE: SCULPTURE DONATION - PINEAPPLE GROVE WAY ROBERT PALAZZI - ARTIST DATE: JANUARY 21, 1993 ITEM BEFORE THE COMMISSION - - Approval of location for sculpture donated to the City for Pineapple Grove Way by Robert Palazzi. BACKGROUND Robert Palazzi contacted the City last year about the possibility of relocating a sculpture he had done, from in front of Gra~t Thornbrough's office on Swinton Avenue to Pineapple Grove Way. At that time Nancy Davila contacted Michael Weiner, with the Pineapple Grove Support Group, to see if they would like to have some input or if they had any objection to the idea. Although it was never an official discussion item for the Support Group, the consensus was that there was no objection. Nancy met with Mr. Palazzi on October 15, 1993 to discuss the location. The location that was felt to be the most suitable was on the N.E. corner of N.E. 2nd Avenue and N.E. 2nd Street. There is a large landscaped area in this location abutting Rose Auto. Nancy then introduced Mr. Palazzi to Jerry Sanzone, Chief Building Official, who explained to him that he would need a permit for the installation, as the City would have to review the anchoring detail. We never heard anything further until we received the January 13th letter from the Pineapple Grove Support Group in which they formally agreed to accept the sculpture and requested direction on the location. RECOMMENDATION Staff is recommending that Mr. Palazzi be allowed to install his sculpture at the N.E. corner of N.E. 2nd Street and N.E. 2nd Avenue with the understanding that the necessary permits be obtained from the Building Department. '. ,.. I - t l..- ,,\._'- . . '. . elk--" { MICHAEL S. WEINER & ASSOCIATES, P.A. A TTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 MICHAEL S. WEINER South Palm Beach County: (407) 265,2666 CAROLE ARONSON North Palm Beach County: (407) 736.5888 RANDI S. TOMPKINS Broward County: (305) 462.4935 Telecopier: (407) 272.6831 OF COUNSEL: PETER J. MURRAY RECEIVED January 13, 1993 JAN f 4 1993 CITY MAN Ar~ER'.s OfFICE Mr. David Harden City Manager City Manager's Office 100 N.W. 1st Street Delray Beach, FL 33444 Re: Sculpture by Robert Palazzi donated to Pineapple Grove District Our File No.: PGSG(OSO)OOl Dear David: At our January 8, 1993 meeting, the Pineapple Grove Support Group discussed the dedication of the above-referenced sculpture. Everyone was excited about it and agreed to accept it in Pineapple Grove. The Pineapple Grove Support Group would like the sculpture placed at either of the following locations: a. On the corner of 2nd Avenue and 2nd Street~ or b. On the corner of Atlantic Avenue and 2nd Avenue. Thank you for your interest and your assistance in this matter. ..~ ' Ve trul~ you~s, / :}?J!I<<i::JIYf/~ ,;1 Ra di S. Tompkins ~T/jl cc: Michael S. Weiner . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM II l:f C - MEETING OF JANUARY 26, 1993 GOLF COURSE CLUBHOUSE PROPOSAL DATE: JANUARY 22, 1993 It is anticipated that information regarding the Golf Course Clubhouse Proposal will be provided prior to or at the January 26,1993 City Commission Meeting. , ' --- , . ~ , . . , '. . , . . . . n' O' ,- j . . I ! . -.. ,0 .... . . . .. . : .' . . . . . . .. .. .-. . -.. . . , . . .' ..-, . . . , ' . . . . ' . . . " . . ~ . ~I . . C - II @) II I: 8 Q \ Ii . . . .. I~ ~5 .,Ii - '~I iG H " I , I i t -r4' - , , . .. . . 0 m (f) - -I G) z :c - 0 m m < () m G) r \J - 0 -I ;0 "'U C m -< C/) - rom OJ r- -<z 0 C c--i - ." om r :cO ." 0 Z-i )> OJ 00 0 . -i (f) Z C O:c m 0 "'U om C ;0 ro r OJ r 0 - Co ~ s: m "'U r- z~ )> - 0 sn~ -I (f) t:J G)- -I m (f) cC/) m )> )> - rC/) "TIO 0 r Z roZ OJ -I s: -I co 0 C 0 G) ;=z m . . Z . . Oc- )> - -)> (") C1 Zz () - G)c "'U ())> :c )> 0 0;0 r ;0-< 'III G) ~~01 ;c ...)" ." 0 <0 r r -C <0 " W 0 (") . :::c r C - OJ CJ " )> )> (") - r - ~ . G) -n::o -0 ~C 0 r-n-lZ 0 m::O-nO -nOr-n ~ -IZOr ~ )>-100 - ~~Z)>;;oO ;;0 en en )>oo~\J;;o~~ ~c -Icn;;o;;oS;:\J-Io Os: -en- rm G) ~en~mz)>-cm Zs: \Jm-l~S20ZS;:2Q -0)> C ram en~zz ;0;0 )>:::!rPJ)>en G) r- m-< zomm~)> enz~<-c~ ene TI )>r-c ~." -I-Imr OJ (5-OJm -;s: zOOOJ C Z)>o )>)> ::0)> :j-; - r- 0::0 Om 0 Z;o C - I)> - en Or Z - =ien -I G) m -<)> ---- r OJ OZ (1 m C )> -nO - en G) r 0(") 0 m-n::o 0 -0 - me ;c ::o~c ~ -1;;0 C Zen )>-m rz -I --COJ-Iz ~~ -c ;;o."O-lrcnro ar-nm)>-Im . ~Or\Jz~\J~ oora )>_ OJ-I cn;;oO)>o()QZ men m ::oZ -ImG) )> en-c z r-c en () C)>r _ ~z)> 0 I ~ z m .. ~ ~ -n r -< - 0 z en . <: ::T (j) 'C CD:T (j) 0 '< -I ~ C" -of :s 0) E:: a 0) CD E:: E:: SR::T CD 5. ::r ~ UJ - ....... UJ - a... CD ., - CD ;;;T -tt CD _. -tt ~ ~ CD - 0) :r OJ a CD 3 OJ 0) ~ 'C -. O. 'C CD E:: g 'C E:: ::J @ 8::J c:t. 'C _= cr.CD., = o.;fUJ 3..a.N ., 0. 0 0. -. CD o CD -. 3 '!"tt < -. ::J CD 'C (0 ::J <g.::J CDO)CD::J ccma -l'.)UJ e!. ::J cc ~ o. 3 cc 'C CD 0 ~ ~ 0 -. (') -. = CD (') ., - CD -tt C"o 0 =~::J 0 0 '!"ttE:: c.0) '< e!. ~ ::J _ ~ 'C 0) C" _. ::J C - "'C 0 - UJ "'C CD 0 '!"tt ::J 0. CD ::To)' 0.... ~=O) - - -...a. ::T ., CD ::J fir CD:r C" 1l . c:t. O. (0 0) 0) (') 0. ,,, >< CD 5. 0 CD = (0 UJ '< -. ::It ... 0 - 'C (J) cr. ..a. Cl ~::J = CD (')0.0 0) m . cc CD .. 0) 0 CD -. UJ ., 0 0) (j) ::J CD 0. ~ :T CD CD ~ ::J 0 c 9.~ i 0 CD UJ -.CD CD::T ::;;e!.CD CD-ttS'6" S@ :To en' 0 0. <" coo. 0. 0 "0 ~ 0) 0) -. CD ::J 'C _... CD S!!. = CD .c :3. c ., .... - 3" .I'j' t/) cc cc 0 CD 0) 0. 0) "'CO -. E:: -. ::T ::J 'C C" 0 '< cc 0) ::J 0) = C" ::J O::J -CD e!. 0) CD ., .;;: 0 ~ OJ ::J 0) - 0 CD "'CO::J ;;;T CD ~ '< ::J -tt 0. _ o.CD sn 0) 0) ::t'. 0 C" C ~ o Od'''' "E:: 3;;;T 6" 0. ;f ::T &:; 9. ~ -. CD -. CD "T1 <. 3 = ;;;T ::; C" ::It 3 ;h - <; ,I'j' CD -. CD CD 0 CD -. =" "'CO ::s ., ::J 3 0:3. 'C:T ~ CD -g ~ 0 m )> CD c!: 0. "::11 ~ ;;;T -tt _ OJ 0.<0) oCDC"~ ~CD -3 (JJ -. CD 'C 0) CD -. 3 el ~ (j) o~. (J) ::I. 0 cc 'C E:: -I~ CD CD UJ C" -. 0 0) tn ., ::J - 'C::s CD CD""! ., ::J 0 0 o' '< CD CD 0. 0) 0. - < _. (') C" :;I.- ., . - 0 0) ::s UJ CD 'C -I CDOe!. CD'C=lo. 'C. 3e!. cc ::J,.... ::J cr. 0) -. ::I. '" CD -. :::s "I :::s 0 ::J ::s < ..,u cc ::J 0 ::J - 0)0 ::Jo ~ g a a UJ CfiJ ~. CD 3 .; ::;; OCD., ~- 0 CD .,0 x- CD 0) ;;;T 0 0' ., i:' -. 0 0 . ::J a CD 'C ., ':-:' ::s 3 CD' E:: cr.~ CDE;Oo. Q;1l aCil ca 0' m g. ~ ~ o' ~ ~ m UJ 0 CD 0) CD S!!. ::J CD -. CD 0) -'UJ".o UJ 3 -of::J - CD' UJ'CD en 'C :T CD ::r - ao. i' 2:~ O)::J CD ffi -. CD - "'C ;;;T - a 3 - ::J - CD VI 0) 91 ::s -. 0 _ 0 ::T' 0 ., VI Z .I'j' UJ -tt.... 0 CD ~o "'CO -a E::O) ~O) UJ:1 ::It m ::T "'C c: Cii ., . 1l::T Cii cr. ~. CD C" C" ~ -I o~ ,<33~ CD CD CD::T "'C -. CD 0) 'C CD::J CD om m(j)..,6" ::T::J -0 ~ 2. fiJ 0. ~ m ~ 3 CD 0 Co .~ CD 0 m ::J E:: _Cl ;;;T30 00. ::TCiJ om elCDO ::JCD ~CD go -::J3 UJO o::e CD?' ffifit3 E::< CD 0) ... 0 0 CD 3 UJ (')1""\ - 0. ::T" CD -. U I 0 0) 0) ~ ::J ::It ,rot' E:: - ::J _ 0) ;;;T _ ., ":'::;; e!.o.CD ::JCD UJ~ . '. . " , a-f CD-f m-f -....-f -f <n<n-f -f :;f:;f -f o::r ~::r m::r o::r::r :r o::r::r :r :r 3 CD m CD O'aCD CD -OCD CD CD CD CD o CD E.-o mS: <ns: 000' o c 3 s: -'. co G) O'<n en (t) m CD m a.<g.m e!. g )> 0 a c;:;: ;::;: -c I , , =CD 00;::;: . a.-. m ..., m -' CD o T' O':J -<n :JO:J ::J a.3C c ~ .~ m ~-o 00 CD '<-o:J -0 0" CDO a.fi~ ::!! CD_a. ::J ~ 0 ~ :J- (11m com - < c m -. men a. 0 0 a.CD~ Co ~ _,:J Q) CD :J 3 ~. :J.C 0 _<nO ::!! 00 ~ ::J ::1.Sl o :J mV) :J:J"" 0 ~ m .... o ...... 0 ::r o -' :J~ " ..0' -. ., -fooO"" 0 - (t) 00 -. o 0 CD co ~ _.- a.~ m c 00 miil"O 0 3 -- ,,:J =;0 0 ~3 <n m 5'0 ::r::; mCDg. Q.co a ., "0: m c w;:;: - ....- @ _.CD =ren coo m::r m<nm ;:;: CD :S. c5' 0 :J CD ::; 3 <n CD ..., m -. a. :J ..., - CD 0 WI\.) :< m -<nCD .... :J Q m o c ;:+<n ::; -,0 CD "0 00 ~ m - ::rCD -0 -'0 .- 0 a. = -- m(t) 30m < (t) o::r -CD CD ~ 3 !!!. ;0 -fooW ca= ::r ..., ~.:S.o (j)' <n c 0- o m -. 0' C 00 (t) :r c N ~ - -c :J 0 :Ja.o 0 :::r COo "'1\.) <nCO -8CD -CD< 00 _q :J -. a. m 0 co3 a.o 0 :J CD ~a.CD -foo c cf .., 01\.) m 3 -000' m -fot m a 3 00 -0' CD 0 3-0 CD 0 CD<n,< :Joa. 3 m CD ~ CD < CD CD :J C 20;:;: ~ ; CD -'. - :J Cl> _:J .... :J 0 0' 0::1. (iJ.g Cl>- "2. m 00 m m :J ::r c m 5. :J 0 m Cl> _Cl> -':J m :J ~ ~ Cl> :J Cl>a. _0 :J 0 < :J '< 0' a.- :J 0 a. 3 ~ en ::r@ co _. c 00' m -'- 08= :J =i CD_ a...., !!!,Cl> g.fJ~ 0' - 5' co m...... 0- =r3-< ::r c m m:::r ? ~. iiJ;:l.- a- 0 8 o Cl> OC11 Cl>0'- 0 C"O co 00 ..., _.0 O'<no C Cl> "0 a. -0 "0 Cl> :J 00 -.m .... <n a. Cl> ~ =r@ m::; 0 <aCl> =:J::r Cl> - :J Cl> :J ~o.~ 2.Sl - ::r CD -.:< 0 m a. m z :J -. m (t) 00 agCl> coo -foo :J C .0 -0 =:J Cl> 00 CDO' 0" a. :J. c )> ::rCD - . 0 m :JO" 0 :J ::rco ::;- !fl ....00 Cl>'< :T co @. Z _. ::r C 2.m :fCl> "0 w-foo 8 3 :;f cm .... _0 ::r i1 !D(t) ::;"0 0" .., Cl> =0 r!.Cl> CD :J :J r- :J _.0 (t) 00 0 :J;:l. o 0 C:J =r - ~ a.w 0 o 3 0- - 0 2" !fl 0 ::r 00- c """0 :J-< :J Sl ::u o' ::- - "Om - s: <n CD 00 CD- m (5' :::r a. ..., - CD 0 0 -0 ~. O'a. Cl> <'Cl> a. - 1 :J :J 00 ~ a3 <n::r a. - ..., m co . Cl> 0" 3' a.:J :l. (t) C Z 0" m ~ Cl>E!: ~~. m Cl> ~ "0 0 '< m <-4, 0 =~ 0 Cl> COo m Cl> c ::; :J 2. ;:l. x ::ro a:J m Z "0 m _.~ :J :J ~ :::!:..., 00 0 =0 m :J -. 00' . ~ (t) - :J <pm 0 "00 ~ C , a. c -f:J 0;"1 ::r m CD c :J ::rm 0 .... ~ a. 00 ~. (j) :::r Cl> a. (t) (t) CD W P- Cl> ~Cl> 0.0 co ;4! ..., o < CD::;; "2- Cl> 0 o CD 3 CD m W 0 ..., -f ...,;;a. _.(iJ Cl> :J Z .... ::r 0 ~::r :J ::r .... "2.<n en Cl> <n 8 Cl> m m"O D> m m m 3 :J :J m :J < :J a. "O~ a. CD :J - 3 ~. ~. a. m :J CD' :E m - 5' 0 3 o 8 ::r <n < .... Cl> ~ CD ::r -. ." o Cl> CO m m -- o.cn 8 - 00 Cl> 0 0 C < CO ~. <n 0 .... m CD 0.... c a. - oE: o::r (jJ ::r 00 I\.) ::;; = "0 (t) m CD 0 "0 CD- CD C 0 ..,'< 0" ~ .... m CIl _. CJco 0 - a. _<n . ::r <D Cl> 00' ::r e: 0 '< <n CD -I=r 0 <n - <D m 0 :J 5' a -foo _ :J. :TCl> a. m co m :::::!: Cl>_ . :J . . Q.. 0 :J m @ @ g a. 3 !fl '< - m c <n - -t3@ 0" m ::rm 3 ::r (jJ :;f m :J CD CiJ "0 0 .... m c .... <a. :r 0 <n ::r Cl> Cl> D> co..., "0 ~ Cl> 0 m <n ::;=r m ::; o <n .~ -f c ~ fi =: Cl> . ::r :J ~"O 5' ::r ;:;: co <n <D Cl> CD Cl> ma. Cl> 0 cp . , ~ @;i I ~.~ Ii. i ! ! ~ li!~118!~11 mpU~jd i d :=1' i~!! I ~llIniH~1 II; E ~G !,.. i . I t Ii i: I J I' i :=;.:: ~ ~ ~i I' i ." S ! __ i _ i- . ..! f: i e!~ .. r - ~I .. .. ... c -- ~ ; i ! - i i i I 5 i :0 I I . . !..- :- . _ Ii: or!! ;~SEi ~ := cj\ 0 I I- ~ .1 E.. r~ .~ .. I ~nl -!B ~ \ t l> - Z @ t: i}\ U' fn - 0 . ;g , Ill: < I~ I ~: ! . .. ~ - ;g I~ ~ ~ ~i Q "' r - ! / . SHOUp. / ~ ~ ARCHITECTS McKINLEV - ~ ._ N... __ ...v... .:...PLANNERS INC -.. ow -- D -."'......:::.:.-.-.. .._-,..., ...:. Jr6 - ... . c...c:.c_. <SITE. pL..AfJ -- ~ D....,..,I.;. r'J. -:. :.~...... PRo-rc:rrYPlI: COUH ~~y= OULr TRY CLUB ::: ':..~ aU%LD%HG BU%LD%HG NOrT'a ...VlCe CO_PO~T%oM =-:.~g =". Wt.~ :'T~=e-Ttl~ - -. . . _. . , . Ii ( T1 - ~ I r=.~, ~v i, f :1 ~ r-, ' '\ . : 10'......:. '.1 · t-! I I 'lr, fI rft' --, . · ~-. I I. ~, . 1 ) , - -- .. I ' , , .. _ .,. Ii" -:- ..- " - - 1 ' . I' " / i~ .' - . - r - - - f !... - - -, - -:. " .; I' ( ,~J -.' I '. ;.'; . ~:pI"-' ' I () ) \: . '. " - . - 'I '. -"'. g . . '. I \' \\ '-_u_ -I - - ,. u._ 1- ----/ \ ~ I : 'j'" · I: ~: I: . ~ \ : : : I .', .. ~'-~-'-----;'T --- - II.J ,Ii I ~. ' I . ; .. ~ . ~-. .1. -! I ---- I ~ ~; 1Jl\Jl\-t,. I ~, - ~ --- - \ - - - -- -- I I ~ ~ 1 - I I 1- - ~-- - l 1- j I __ .J; _ . I ~ I 1'1': . .. \ \ I; ..... ... , , I . i I '",.-- !.__ u _ ~ , ~ \ I - - - -- ',\. ' ! _ (C=-u} 1 n _ ___ ! I f' '""~. ~ . @) II I; l I~ '; ~i 0 I I SHOUP / McKINLEY =- - - -- -- to-.::. ~ ARCHITECTS - PLANNERS INC. - FlIZSr R..OQr2:. f'l...Jrn -- -- N. a. ----- ..~ .:':':..~ _.",iA ............ .... ........ <#,G Jri-.... --- - .... - D Ty.. T-.: &aICM " I"'WC.... ... .. ....~ ., ~'tO=-=: ~ PROTO'% .cwa. COUMTaY' eLva _U%LDZNGI :'==.:...~ .......,. ..T......'Y GULF aU%LD%Ma CCJa.PO~'r%OM M.~ ~- - . .. ; 1 I I Fill -- .---.u.i--. -"---- -- .--.- --- /~I~~- : '. !- I"! ' / \ -. ~ i . ~ 'l- i \ I I I ./ t 'i - ~ (-J--4!f1 ~. -t1 ~ f '\ ~ L i []I li.. \(---d-- I 1 (' t II V' I I : , -- t I ~ . I , : ~ I h ~ - .~ II , - r~~-. -",' ~- ~ I ,~ ~r,~ ! I ~ ! I I _'-' <-'-.w , ~ I, lI' . +""'1 ' i ~ -,I E~~E : l , .t , I -- - - I i .. . - --a-,- I I ',- P II '--- I .' i 1 &( . --l, I . i :: I " · · l o. 0] i . .. --..." I ~ ,. ,- ~ ,- . ~ +. f'.~ . - \ ' I . I , It Ii -+-. ~- -. - - - . J:t:. - .-- - 1:f ! ! \, / ~;i ~ JJ1 . !11 I, '. ~. (-:- 4 - . ..LLll r . ... . -- ------ I \ I I~ p. I~ tt I -- rd I I I. I \ -~ , , ..... .~ ~ ~~~.. - ! I : ; ......0 ~, -- I I ' "-. I I f"" '1-, \ I ~ - I~'~' I c: I ~ iC I i i $. I I III I @ .:::.. I . (p. i n \ ; I ' ~I , I . J_______ ~ _ ~ i U / _.- - --_.- ,. I II 5'Z-"6~ .....'-4. .S-l!O I \ I'.h. oA, - - ." _V"ION --' I SHOUP / McKINLEY _ao . l': ~ ARCHITECTS - PLANNERS INC. -- ~lX)D R..O:::rZ. ~ ~M.DI aoo N. e. .......... ...v.... ~va. .UtT'a .... ~A _ATDN."-. aa_. D..... , '-.Q I:p :aae._....aea ~~~w: TV DP ~ AIlICH V ~T8 AND .. AN ..--~ NT ~ ...vtC. a, NOT TO_"'-O ON an... wa .. PROTOTYPE COUNTRY CLUB BU%LD%NG ... w WMDL.a CIIII ....'"' WlTtClUT .... ..~ OULr BU%LD%NG CORPORAT%ON . a_____ WIt I ~_. I ...... . . 'I I H I ' , I' ~f - ~. .\.- .. l . -. .- . , . I - -- ..--.. ; - - - ..- . - - - -, - . ~- - . - : i - 11( ~. 4 ._'. .00 ---- -- ---. . ---- --"-" ---_.- I . . . - . ----- - . -- - :8 .- ---- - - .----- I ~ ~ ~ N . i . @ II ~I n i~ ~i I Cr'l ~ II "..J..~ et.e\M'1ons '-7'1"" To. .... ~ PRo.XO'rY'P. COUNTRY CLU. aU%LD:EHG GULP aU%LD%NG CORPORAT%OM I -- . . ; I I i - , . , .-..-- -- .-. , . . - - , ; I I .- , I - I : - - -. _. t" I l: . ,- , - - s:r:E = I ! - .....- - I ~ N I &i - i ~ I --- ~ .---- 2 ~ . - a .. .- - S i II ".j 1;. . I }fi' . I Ii i I I I ,.. ~. t.a='I~ 1Z-~':;u:;:6' ~/"/Cf'I. Eit.S'v'~ -.. ~ Pa.o;ro... oi'? ~". CLua .UELOZ.... GULP .UZLDZ~" COIll..-o_TZOM . I \ .'\ ) , . r= _'_ .... rJ '.;,\\ ,=_'-CO- '--, ' ',' .....' ~ '. . f""" -I' I \ 'I -r .111 -:-:: .~~ ,"' .~ >. ~ \ I ~ ;::::~?-- , . :::.--.---=.''\~ ~.~ ~I: Ii ~::'.i1Jbj O I . - · . I'. I 'I ",~ ~,r . I ~ ~ \ I ' rL .~ ~ ,. ll-- i 'r - ",,-. I, . \\ i \ ,;IKI.. ,....~ I' J) , ' 1\:,-,1 - I \ ;- .. V' ~ ~ -=if! , , \f. 'ICII~ Qf 1 ~ ~ ~~~~- a ''", , I:. s;=r'y I ' ; f-~-1 ~f\ \"' Ii' tJ - · I ') \" II \ . _~ I \ r \ _ U\~i '.J 1'1' l. \\ , $ i _ ~ I (I "" ""'-' I L . J" · ," ,., ' -c... I~ ~ ~ "-6.:" gl~ n;1' ~? _ I '-" -- wP14 ~ . ". 'H' r "'~"' -- \" ,~,\; l- II ..t: ' , ,~- ffi- : >~ -=- r= / J' / ~~'~ ~ I1IFFtH-f1f ' I" ~ k=- . ~ ~I'" \~. ~ r . ,~.y ~: _no. \ ~ ' ,n,' :"'"" " ' , ~ -""-- ~ ~ -, .~ ........., .~ ~ : P n. rl'11""'111 r \'t\' .,ss. '3 ,. ~ , '. ~, ' </9, "," i h' - .L..L' _,' " ' I. ,,, 1//1 . ~ _ III T1 Il\~""VI ~ ~ liTm . L...--- '.'\. '....: oU\ i m !I--\ . t · ' - . l' ' . III .' " , . \ll FH=R3 ' I i, '1= I' (\ " . , i C j' 1- I r:'/A5.~ ~8 i 9 . ~~- Li :~, 1- ~ t . _ .,' , , 'Ce' " - - ' I '.);~. n JI'- '. = ' : ~ - =>--= a. ~ =~- I ] 7J7 ", , ! G I -~ . IlL I ' a. _ I r - r /1 I. ::l _ i . w.--i..J I ;~ Sl ~~ 1,1 ... 'I ~III: Ip1 l!\iLr:c- ~ q:J ~ I' ) ",.,' ~ I ~ ==-' ,1/' I' ,I , 1-_ _- I" " ':11' "F - ,_ t ... ) I :.:"- _ _ _ _ ,/~ II: ;1 :r T ,:_1 -, i!i ' i ilil': "- =' ;J. 111 T = ~, ~~I I I:: I'.' . 'I: f~ . . =,.,.. . .' ~ ~ " ,'l I 1'-- ., 'I' ." l' I II. I. . ___:I: -' ' - ,"" ..:::. 1/ l, L - D I . . .' '~ ' -1-- "--'-'.~,.., Il' ~ ...........I!;;;;' . _..~: ; i It I~" I ~:,.:,,=:c.::a:: ~r 1~.t~J In! ," ",: i.' ".i.:: == ~ ==c -.--/" J lV ....~.. . J ~_~ ~. :-- '1'" nyr! ,----.'., F';; " ' v,- ." @_ 1 I" ' _ ' " I' . L=,.- I!:~~l;z""," ~ ~ . ':~="' I!' ) I 1'/ I C;>lr{'--. : ~ 1= '. 'II I~'" >, , = 'I~ ~dJ~., ~II ~~ ~)~; , .! :~- ;= . . t ~. I' ~liI r~~';' ,It ~,'\ I ;=~=~ ..~" Ii, " : i ,ill ~ ---: ,.....=::jL . I .= I : " I' =>' + ...! - " ' 1 f":'" "",.... ;, I ,.' , '====... _ ~, UI ~ ' H ~. ~_ _ .... J:2.- 1111' "I i Ii' .- I -( ~ t I .'iff ''f:' "!';r - . j' H i$ / '" 7" " ~ I H~-"'-:"- __/ ! III" " "~ 'I~ '. -.1 , 'J"'" ;z -"", . '. .. ~._- " !-... . ..,"'i If' riii' t... ;..: ,.,c' ,~- , . ' I ~=i?"'~: ~ "P' A...." . O~ 0 0000000 0000000 o 0000000 ~ 0000000 gJ50 a 0000000 0000000 0000000 Oct;} 0 0000000 0000000 _-:7' 0000000 - -- - -- ~ ~g .~~ ~ ~ ~g ~~ ~ ~ ~g ~~ ~ (] . ~ o 0 ~ 000 ~ (>0 fIIlil o . ~ .. , 00 0 0 o ~g ~~~ ~ cOJg oo~ ~ ~ tb M~~ o g 000 0 L~_~~___ ~~_~ :'; ~.~ g:g ~ ~~g:g~. ~~ ;J~~~' ~ ~ ~~ o()o . . . . n n 000000 I I 0000[13 V ~ 0 ~o o~o [] ~ ~g ~~ ~ <Q> tJ8 ti~ <Q> 00 000 0 0 00 . <Q> c()J 8 ti o()o ~ 00 ~qo 0 ~oo 0 o 00 DO o 0 00 00'0 ~ 000 000 [[]L] .. . 000. 00 tl ,. 00 ~g tl ~ ~ tl 0 ootltl 00 c()JD tloo 00 ~ ~g oo~~ o 0 000 0 I ~ ~8 A <(j> <(j> 10 . 0 0 0 Q:O l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~1 ~~~ ~ g:g g ZQS~" 8:8 ZQS J 8:88:8 8:8" ZQS gg == ~~ o()o " . . . . . \ -- 000000000000000 0000000000000000 000000000000000 o 0 0 0 0 0 o. 0 0 0 0 0 0 0 0 000000000000000 DDDDDDDDDooDoOg 00000000000000 000000000000000 000000000000000 .000000000000 0 ~ ~8 ~~~ 00 p~ ~cJ8 ~d ~oo ~oo 000 0000 00 ~~g ~OOO ~ o ~ ~ 0 ~O 00'0 K:J 00 oog 0 tl [[ILiJ .' . o 00 ~ 00 ~g 0 0 A <(jo &:6~ 0 00 c:()Jo 000 ~ tl <(Jg &:b ~ ~ 00 000 000 ,X)> ~o &:bU <cJ 100 0 0 0 Q: 1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ :0_ ; 2QS~~ ~~ gggg 1999ggg. ;:; ~ gg ~gg ===I ~~ 000 - . . . . . .. ~~;f~~m~l~~f~f. Itt~~tm~~~~ ......................... ,':':':':':':':':':':':': ::::::::::::::::::::::=::. ::::::::::::::- NNNNNN-'-'-'-'-'-'-'-'-'-' ll:::1;';::;:: b:'lJ I..)j rn~WN-'owoo~mrn~WN-'Owoo~mrn~WN-' .........::::J,d: :11111;. f~ ~~~~~~~~~~~~;;~~~~~~~} ~ ~ :m~~rfm~~~~~m~: ;::::::::::::::::::::::::' ~~ :.:.:.:.:.:.:.:.:.:.:.:. R ~ti cs ,.... . ...... - . ~~ . . . . . 'EJ'" Cb . . ...~ .. ..... " . .... ',.. e: ~ :~':':'''' .......~ ~~~~~~~~~~~~~~~~~~~~~~~~0 ~::::I ,...., Cb NNNNNNNNNNNNNNNNNNNNNNNNN ~ Q w~www~wwwwwwwwwwwwwwwwww-' :~r:!:: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Cb ~ N~NNNNNNNNNNNNNNNNNNNNN~~ s..~. ....................... ::;:;:;:;:::;:;:::::;:::;. NNNNNNNNNNNNNNNNNNNNNNNNm .::::~~::j~1:::::::::1i::: ~, 0 oooooooooooooooooooooooo~ ............. s...... :~~mmmmm~mm; ~~ .;:;:;:::;:;:::;:::;:::;:; :${))m: .....tit .... " :~:::.,,: g.~ . ...";!. ~:.:....: ~~~~~~~~~~~~~~~~~~~~~~~~~ .....~ ~ "< WWWWWWWWWWWWWWWWWWWWWWWWN tft\:~: Cb b:J rnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrnrn . ''':Ii ~... . ~~ 0000000000000000000000000 .....~ .$t.:.:. .....: . ... .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. : ~:;:~::.:j~~~~l~;~jr~j mmmmmmmmmmmmmmmmmmmmmmmmo .......................... t:!'O wwwwwwwwwwwwwwwwwwwwwwwwo :!!IIIIIIIIIIIIIIIIIII!:I. 0' 0000000000000000000000000000000000000000000000000 ~~ It ~;!! ~ 0 tii' ~ ...............s:.t. ~~~~~~~~~~~~~~0~~~0~~ :~t)~: (S, ~ ;:rJ..... . ~ :b -'-'-'-'-'NNNNNNNNNWWWWWWW . .....0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s.......... CI) W m w -' W rn ~ w -' N W rn m ~ ~ 00 woo -' -' NNW" Q"~ :..:.::':~. ww-'mwwoorn-'rnooo-'ow~rn-'~woow~-' m..,.OJ. WmN.w-'oo~wrnoo~rnNwooooNooW~~O.NO ....... . . ................ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ::}~:~:~rnt NW-'ONwoomw-'rn-'NmNoo-'oorn~wm-'o 181 ~~woomWNOW~~Ooo~wWwrnrnwwrnwwo ON~-'rnoo~rnNrnrn~wrnm~N~mrnmNrn~o .. ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER trr1 SUBJECT: AGENDA ITEM II q 1) - MEETING OF JANUARY 26, 1993 RESOLUTION II 12-93/BALLOT QUESTION DATE: JANUARY 22, 1993 At the time the agenda was complete the wording for the ballot question had not been finalized. A copy of Resolution /I 12-93 will be provided prior to or at the January 26, 1993 City Commission Meeting. '! , ~ 9.D. RESOLUTION NO. 12-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAUSE TO BE PLACED ON THE MARCH 9, 1993, DELRAY BEACH MUNICIPAL ELECTION BALLOT A QUESTION RELATING TO THE USE OF DECADE OF EXCELLENCE FUNDS ON S.E./S.W. 10TH STREET~ ESTABLISHING THE BALLOT LANGUAGE TO STATE THE QUESTION 1 PROVIDING PROCEDURES PERTAINING TO THE VOTE ON THE QUESTION~ PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. For the purpose of determining the use of Decade of Excellence funds on s.E./S.w. lOth Street, there shall be placed on the March 9, 1993, municipal election ballot the following question: USE OF DECADE OF EXCELLENCE FUNDS ON S.E./S.W. 10TH STREET Shall the City of Delray Beach be able to use street project monies from the Decade of Excellence general obligation bonds for reconstruction of S.E./S.W. 10th Street from Federal Highway to Congress Avenue, including sidewalk and drainage improvements, instead of being limited to the expenditure of such funds only on .reconstruction of S.E./S.W. 10th street from Federal Highway to Germantown Road? SHALL THE ABOVE DESCRIBED QUESTION BE ADOPTED? YES (For Approval) NO (Against Approval) The ballot shall clearly indicate spaces to answer "YES" and "NO" to the above question. Section 2. Said election shall be held at the same polling places in the several precincts in the City as the polling places for the general election, and the election officers who shall conduct said election shall be the same as those selected and appointed for the general election. Section 3. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 26th day of January, 1993. MAY 0 R ATTEST: City Clerk ! . ~ CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 26, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: 8.M. DISMISSAL OF COUNTERCLAIM/KETTELHUT VS. CITY OF DELRAY BEACH. Authorize staff to dismiss the City's counterclaim in the matter of Kettelhut vs. City of Delray Beach. City Manager recommends approval. THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.E. CHANGE ORDER NO. l/ASPHALT CONSTRUCTION OF PALM BEACH, INC. Approve a change order to the original contract for the N.W. 10th Avenue Extension/Spady Access Project to Asphalt Construction of Palm Beach, Inc. , in the amount of $82,660.26; with funding from Stormwater Utility Fund - Northwest Drainage Area Project (Account #448-5411-538-62.11) . City Manager recommends approval. 9.F. CHANGE ORDER NO. 2/HARDRlVES, INC. Approve Change Order No. 2 to the contract with Hardrives, Inc. for the 1992 Street Resurfacing Program, in the amount of $100,000*; with funding from Capital Outlay/Street Reconstruction (Account #225-3162-541-61.17) . City Manager recommends approval. *$100,000 is an approximate figure; a final estimate will be provided at the January 26, 1992, meeting. 9.G. PURCHASE OF FURNITURE FOR TENNIS CENTER/BUDGET TRANSFER REQUEST. Approve the purchase of furnishings for the tennis center clubhouse from J.C. White in the amount of. $14,935.25; with funding from Tennis Center - Furniture/Fixtures (Account #001-4124-572-64.10), subject to approval of accompanying budget transfer. City Manager recommends approval. . . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 9 [ - MEETING OF JANUARY 26, 1993 CHANGE ORDER NO.1/ASPHALT CONSTRUCTION OF PALM BEACH, INC. DATE: JANUARY 25, 1993 This is a change order to the contract with Asphalt Construction of Palm Beach, Inc. for work associated with the Spady Access Road (N. W. 10th Avenue extension) project. The work encompasses the excavation of an overflow drainage retention area at the southeast corner of Lake Ida Road and N.W. 10th Street, and the installation of 24" Rep connector pipe on N.W. 10th Avenue, between N.W. 2nd Street and N.W. 3rd Street to tie-in the existing storm drainage to the new northwest area storm drainage outfall. Change Order No. 1 is for a net add amount of $82,660.26, with funding from Stormwater Utility Fund - Northwest Drainage Area Project (Acct. #448-5411-538-62.11). The proposed improvemEm ts are being processed as a change order in an effort to expedite the work and avoid the three month delay associated with the advertising and bidding process. Recommend approval of Change Order No. 1 to the contract with Asphalt Construction of Palm Beach, Inc. for the N.W. 10th Avenue Extension/Spady Access Project in the amount of $82,660.26. ,. . - DEPARTXEN'l' OJ' ENVIRONMEN'l'AL SERVICES MEMORANDOM TO: DAVID T. BARDEN CITY MANAGER TOO: WILLIAM GREENWOOD DIRECTOR OJ' ENVIRONMENTAL SERVICES FROM: RALPH B. HAYDn, P.~ CITY ENGINEER DATE: JANUARY 25, 1993 SOBJECT: STORMWATER DETENTION AREA, DRAINAGE CONNECTION AND TREE REXOVAL - SPADY ELEXENTARY SCHOOL PROJECT NO. 91-57.1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is an agenda request for the regular Commission Meeting on January 26, 1993, requesting Change Order No. 1 of the original contract for the N. W. 10th Avenue Extension/Spady Access Project to Asphalt Construction of Palm Beach, Inc. The Change Order amount is $ 82.660.26 . The work associated with this change order will be the construction of a stormwater detention area, a drainage connection on N. W. 10th Avenue and the removal of trees on the property being dedicated to the school board (see attached eXhibits). This work will provide stormwater relief for a portion of the N. W. Drainage Area which has been subject to flooding due to recent heavy rains. The proposed improvements are being processed as a Change Order in an effort to expedite the work as soon as possible and avoid the three (3) month delay associated with the advertising and bidding process. Staff recommends approval of Change Order No. lo The funding source is 448-5411-538-62.11. RH:DB:kt cc: Ted Glas, Director of Purchasing File: Memos to David T. Harden 91-57.1 (D) RHDHJ25.kt . " - Schecl.lle'''A- Project 91-61 Spedy El--.ury School Ace... Ch.... Order '1 Lake IclII Rd Retention Area/NW 10th Ave Connection -------------------------.-------------------------------------------------------------.---------.---- ITEM ITEM DESCRIPTION +/- C.O. Unit NO '1 QTY Price TOTAL -----------------.-.--------.-------------------------------------------------------------------------- A Laka IclII Rd Retention Area 1 Clearing and Grubbing 1 ls $13,600.00 $13,600.00 2 Excavation (embankment measure) 18000 cy $1.43 $25,740.00 3 Type HE- Inlat 1 ea $1,445.00 $1,445.00 4 4' Manhole 1 ea $1,283.70 $1,283.70 5 Connect to existing 24- RCP St\b 1 ea $400.00 $400.00 6 24" RCP 40 If $24.30 $9n.00 7 Bahia Sodding 10000 sy 51.20 $12,000.00 8 Concrete apron 1 ea 5150.00 5150.00 -----.---------.-------- Subtotal 555,590.70 B NW 10th Ave Comection 1 Comect to existing structure 2 ea $m.30 $1,546.60 2 Manhole 1 ea $1,283.70 51,283.70 4 1511 Rep 24 If 516.34 5392.16 5 24H RCP 350 lf 527.23 59,530.50 6 Type "eH Inlet 1 ea 5776.60 5776.60 7 Utility trench patch 374 lf 525.00 59,350.00 8 Reconstruct existing sewer lateral 100 lf 16.90 1690.00 9 Maintenance of Traffic 1 ls $1,600.00 $1,600.00 10 Mobilization 1 ls $1,900.00 $1,900.00 ------------------------ Subtotal 527,069.56 Net total add Change Order '1 582,660.26 :18....8..... ., . CITY OP DBLRAY BHACK CHANGB ORDn TO ORIGINAL CON'rRAClf CHANGE NO. 1 PROJECT NO. 91-61 DATl!:: PROJECT TITLJ:: Spady Elementary School Access NW 10th Ave Access TO CONTRACTOR: Asphalt Construction of Palm Beach, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct overflow retention area at SE corner of Lake Ida Rd and NW 10th Ave. Also included is the tie-in of an existing storm drainage system to the NW 2nd St drainage outfall. Work to be constructed in accordance with Schedule "A" attached. Work to be constructed in accordance with plans titled "Stormwater Detention Area Plan" an "NW Drainage Area Phase IB" both dated January 1993. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $234,950.75 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $234,950.72 COST OF CONSTRUCTION CHANGES THIS ORDER $ 82,660.26 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $317,610.98 PER CENT INCREASE THIS CHANGE ORDER 35 , - - TOTAL PER CENT INCREASE TO DATE 35 , -- CONTRACT TIME EXTENDED TO APRIL 1, 1993 FOR THIS WORK CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. for Asphalt Construction of Palm Beach, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 448-5411-538-62.11 FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor ATTEST: APPROVED: By: City Attorney City Clerk , ~ f. . .. - . . , : i I, , I ," 1. ' ~ ~1 " ;' I to .. r'l i~ .. I ~:' i = I'~ !u I: i I' " C Q ",' : ~ f c , ,I ~ .... ""'-to '1.'\ : I ~ :-,1 .:':::' , .. ~ I, :...:...1. . :. ~ t i r;:' < if !": ~ I '" , , ',I , , , ,. I , ~~I . I ' , , ' , ~t ~~~ ...~: ,'" Ii" I I " , I ., . , t I : ' : I' ~I: if' ~ I,' '\0 , ,'... II: : ~ I , I ,.. II: : :1 I, Iii : r' I"~ : I, I:. l~, E- ,"I: : :1, Z I I,' "1' CW I: : : ::r:: :::; It: : it U ~ i I,: ':J ~~: , I I r_' 0.. '" II: : :1 ......... W ~ I' ,,' CO o~ I 'I :: I . >i ,:... I " '~l "-.. ::/l ~ I 'rl ",... W .. 'I:' : ~t . \~ l ~ u: 11:1 ::1 ",-'; a\.., 0:: ~ a ... I I. . '>oJ -.- Q II, : '.I )0 f a, ~ ....J:..J . I I: I ~ . a' ;..;, W 'fl ~ I I I' : ". I'l~' Q f JJ ,'I" . ....J.. t ' ' , I' ..... Z I I~t.!. ........~~ I .... I OZZ B- : ~:," ~Ji .../ ::: a " , . '~. - "" ..' >-- ..-: ~ Ii _~________~.. . ~ r:..... 7. ? I ------ c- 0 ; . - - ""'.., .' U:::. ----------., " ~-------_. ~ . -l' I~'rl ?; , , I' -- .... : ::' ~ I I I I I I' . : I . l! lJlJ..1' I I " I I I, I :~. \ ~ ~ ~ .~4 _.-~ . " . f ~~II I '111111 IIIIII I" , In : t 1 f u~. ,I I ~ . 7- . ~ ..! :r: - Ill! U " l ;I~ -<::::" ., [,JO:' l ",- 1111 co~~ I ,,: , >--&l~ ~u'" ~>~ , 'Y "" ......... -~ J.l W(l1~ a.....;~ ~ ~~ E-': 07:;::; ~~ ......... ::::: i!! ",... OJ' ~ ~ r. => ~O~ ......... 'Y . u:: ~ :;.. 7. ~ ~ ~ ...- -. 1I'tW. .~-... " I' II I I~!~:~~~ I \ J" .",., - - . I I ~ " - r- I \, It . , 'I' I ~I !t hI 'hil .J 0- I I! ::1 . 1.,1:1 l- I ~ ;, I '" .!t~"1 0 I ~ .....J I Iii' .!II I .1.. i I ~~ll I -... Uc:: ~ <C I w~ COQ )-o~il ~::: -I ~:> ; -lC:: C:.J ~ I ' a...J . .... ~ I oz :...l >- ~ i t::~~ u- :> Z :...l I ...Ift, : ~;! I! . '-. I 1';; It~ ~. ~;~; - 'l. "" .. . '1 . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 9~ - MEETING OF JANUARY 26, 1993 CHANGE ORDER NO. 2/HARDRIVES, INC. DATE: JANUARY 25, 1993 This is Change Order No. 2 to the contract with Hardrives, Inc. for the 1992 Street Resurfacing Program and encompasses additional streets per the 1993 Street Resurfacing Program. Scope of work includes street resurfacing, grading and stabilization of swales, sidewalks, striping and sodding. The amount is ~~re:miHla't&ly $lea,eee# although a final estimate will be provided at the January 26, 1993, meeting.. Funding is available in Account #225-3162-541-61.17 (Capital Outlay/ Street Reconstruction) . This work is being requested as a change order in order to have the streets resurfaced and sidewalks constructed in the northwest area in conjunction with the completion of the tennis facility by February 19, 1993. Recommend approval of Change Order No. 2 with Hardrives, Inc. as outlined above. ~ 1> qq, 373.00 Ltpd~JCC..o memo AtrAch<eo . . CfF DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID HARDEN CITY MANAGER THRU: WILLIAM GREENWOOD DIRECTOR OF ENV. SVCS. FROM: RALPH HAYDEN, P.E. \Df- CITY ENGINEER DATE: January 26, 1993 SUBJECT: 1993 STREET RESURFACING PROGRAM PROJECT No. 93-003 ------------------------------------------------------------------ Attached is an Agenda Request for the commission meeting on January 26, 1993, requesting change order #2 for the referenced project to Hardrives,Inc. The change order amount is $99,373.00. This change order consists of overlaying approximately 1.5 miles of roadways, constructing 1,890 ft. of sidewalks, and grading and sodding swales between sidewalks and pavement. This work is being requested as a change order in order to have the streets resurfaced and sidewalks constructed in the NW Area in conjunction with the completion of the tennis facility by February 19, 1993. The funding source for this project is 225-3162-541-61.17. RH: kb Attachments cc: Ted Glas, Director of Purchasing File: Project No. 93-003 Memos to City Manager AR93003.001 '. . DEPARTMENT or ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID HARDEN CITY MANAGER THRU: WILLIAM GREENWOOD DIRECTOR or EHV. SVCS. FROM: RALPH RAYDEN, P.B.~ CITY ENGINEER DATB: January 25, 1993 SUBJECT: 1993 STRBET RESURFACING PROGRAM PROJECT No. 93-003 ------------------------------------------------------------------ Attached is an Agenda Request for the commission meeting on January 26, 1993, requesting change order 12 for the referenced project to Hardrive., Inc. The change order amount is approximately $100,000.00. A final estimate will be provided by January 26, 1993. This change order consists of overlaying approximately 1.5 miles of roadways, constructing 1,890 ft. of sidewalks, and grading and sodding swales between sidewalks and pavement. This work is being requested as a change order in order to have the streets resurfaced and sidewalks constructed in the NW Area in conjunction with the completion of the tennis facility by February 19, 1993. The funding source for this project is 225-3162-541-61.17. RH: kb Attachments cc: Ted Glas, Director of purchasing File: Project No. 93-003 Memos to City Manager AR93003.001 ., . CITY OF DELRAY BEASH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 92-01 DATE: PROJECT TITLE: 1992 street Resurfacing Program TO CONTRACTOR: Hardrives Asphalt Company YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct pavement widening, concrete sidewalks, swale stabilization and grading, soddding, striping and asphalt overlay on portions of NW 2nd st, NW 3rd st, NW 1st Ave, NW 2nd Ave, NW 3rd Ct, SW 4th Ave, SW 15th Ave, Alley Blk 120 and Alley Blk 121. Work to be constructed using unit prices per schedule "A" attached ("1993 Street Resurfacing Program" ) . Final amount to be determined by actual field measured quantities at the unit prices per schedule "A". NW 2nd st, NW 3rd ST, NW 1st Ave, NW 2nd Ave and NW 3rd Ct to be completed prior to February 19, 1993. All other work to be completed by March 10, 1993. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $188,184.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $188,184.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 99,373.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $287,557.00 PER CENT ADD THIS CHANGE ORDER 53 , - TOTAL PER CENT ADD TO DATE 53 , - - CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. for Hardrives Asphalt Company TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 225-3162-541-61.17 is FUNDING SOURCE DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor ATTEST: APPROVED: By: City Attorney City Clerk '. , ENVI~ONMENTAL SERVICES DEPARTMENT CITY OF DELRAY BEACH Schedule "A" Project No. 92-01 Project Name: 1992 Street Resurfacing Program Contractor: Hardrives, Inc. Change Order #2: Additional streets per "1993 Street Resurfacing Prorogrem" (93-03) Item Unit Contract Total No. Description Unit Price Qty ---------------------------------------------------------------------------------------------------------- 1 Mobilization/Maintenance of Traffic/Layout Ls S7,000.00 1 S7,000.00 2 Clearing & Grubbing/Relocation Allowance ls S2,OOO.00 1 S2,OOO.00 3a Swale grading and 6" stabiLized shoulder (50# FBV) lime sludge stabilization material furnished by City sy S3.50 2000 S7,000.00 b Swale grading for areas already stabilized sy S1.65 1000 S1,650.00 4 4" concrete sidewalk sf S1.85 6000 $11,100.00 5 6" concrete sidewalk sf S2.80 2500 $7,000.00 6 Adjust existing valve box ea S25.00 16 $400.00 7 Adjust existing manhole frames and covers ea S95.00 8 S760.00 8 Raise/rebuild existing inlet grates ea S250.00 1 S250.00 9 Pavement widening (4" shell rock work platform/4 1/2" Type S-I asphalt base) sy S20.00 300 $6,000.00 10 Type S-III asphalt leveling and overlay tn S31.69 1400 $44,366.00 11 4" wide white striping If SO.28 5300 S1,484.00 12 4" wide yellow striping Lf SO.27 6700 S1,809.00 13 24" wide white striping lf S1.65 400 $660.00 14 12" wide white striping Lf SO.84 1600 S1,344.00 15 School message ea S90.00 1 S90.00 16 Single head direction arrow markings ea S35.00 1 S35.00 17 Double head direction arrow markings ea S65.00 1 S65.00 18. Pavement markers ea S3.30 200 S660.00 19 "only" direction markings ea S75.00 1 S75.00 20 Sodding sy S1.45 2500 $3,625.00 21 Video Allowance ls S250.00 1 S250.00 22 Testing Allowance ls S500.00 1 S500.00 23 Pavement removal/replacement prior to overlay sy S25.00 50 $1,250.00 ------..-------- Total Change Order #2 $99,373.00 =============== ., . =4= N.W. 4th ST. - - - - , I I w > I <( I F~ LIMIT OF .. ~ oVERLA Y 41'E OF LIMIT OF tt N\.I 3R D oVERLA Y AVE. t S\.IINTON A LO.P. W< I ~ ~ INCREASE l 1 PAVEMENT \.IIDTH TO 20' B ClNSTALL 12' COMPACTED I SUBGRADE 8- Z ~ 8' L IMERoCK CONNECT TO f 0 1 BASEl f- EXIST Z \DE" ALK I ~ I (f) 2ND - S-T. LI IT OF OVERLAY LIMIT OF OVERLAY EDGE OF NE\.I 42' S. OF ~ PAVEMENT N\.I 2ND ST. CITY of DELRAY BEACH SUMMARY OF WORK ENVlRONMENTAL SERVICES DEPARTMENT ~ EXHIBIT II 434 SOUTH S"INTON AVENUE, DELRAY BEACH. FLORIDA 33444 01010-6 , . III S,W, 10Th STREET ::> i <t LIMIT OF OVERLAY I I- W V1 Z ::> V1 REIGLE AVE. LIMIT OF oVERLA Y 42' 'W I LIMIT OF OF ct N\v' 4TH AVE, oVERLA Y 42' E OF ct. S\v' 4TH AVE. I I C r C I LIMIT OF OVERLAY LINTON BLVD. ~ E,o.P. L I N T-.-O.. N_ 8 L V 0 CITY of DELRAY BEACH SUMMARY OF WORK ~ ENVIRONMENTAL SERVICES DEPARTMENT ~ EXHIBIT III 434 SOUTH SWINTON AVENUE, DELRAY BEACH. FLORIDA 33444 01010-7 'I ---"-- . S.W. 7TH ST. LIMIT OF / OVERLA Y i 42'E OF OF Cf. SW 15TH AVE LIMIT OF OVERLAY W 42'N OF <l > SW 15 TH AVE, <( I f- }-+ CO 1 w .,-- > <( I I f- 7 or- :s (j) LIMIT OF OVERLA Y 5W 10TH 5T, E.O.P. S ] if) S. W. 10TH STREET CITY of DELRAY BEACH SUMMARY OF WORK ~ ENVIRONMENTAL SERVICES DEPARTMENT ~ EXHIBIT IV 434 SOUTH SWlNTON AVENUE, DELRAY BEACH, FLORIDA 33444 01010-8 ., CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 26, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: 8.M. DISMISSAL OF COUNTERCLAIM/KETTELHUT VS. CITY OF DELRAY BEACH. Authorize staff to dismiss the City's counterclaim in the matter of Kettelhut vs. City of Delray Beach. City Manager recommends approval. THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.E. CHANGE ORDER NO. 1/ASPHALT CONSTRUCTION OF PALM BEACH, INC. Approve a change order to the original contract for the N.W. lOth Avenue Extension/Spady Access Project to Asphalt Construction of Palm Beach, Inc., in the amount of $82,660.26; with funding from Stormwater Utility Fund - Northwest Drainage Area Project (Account #448-5411-538-62.11). City Manager recommends approval. 9.F. CHANGE ORDER NO. 2/HARDRlVES, INC. Approve Change Order No. 2 to the contract with Hardrives, Inc. for the 1992 Street Resurfacing Program, in the amount of $100,000*; with funding from Capital Outlay/Street Reconstruction (Account #225-3162-541-61.17). City Manager recommends approval. *$100,000 is an approximate figure; a final estimate will be provided at the January 26,1992, meeting. $Cf9, 373,00 9.G. PURCHASE OF FURNITURE FOR TENNIS CENTER/BUDGET TRANSFER REQUEST. Approve the purchase of furnishings for the tennis center clubhouse from J.C. White in the amount of. $14,935.25; with funding from Tennis Center - Furniture/Fixtures (Account #001-4124-572-64.10), subject to approval of accompanying budget transfer. City Manager recommends approval. 'I . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 26, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: 8.M. DISMISSAL OF COUNTERCLAIM/KETTELHUT VS. CITY OF DELRAY BEACH. Authorize staff to dismiss the City's counterclaim in the matter of Kette1hut vs. City of Delray Beach. City Manager recommends approval. THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.E. CHANGE ORDER NO. l/ASPHALT CONSTRUCTION OF PALM BEACH, INC. Approve a change order to the original contract for the N.W. 10th Avenue Extension/Spady Access Project to Asphalt Construction of Palm Beach, Inc., in the amount of $82,660.26: with funding from Stormwater Utility Fund - Northwest Drainage Area Project (Account #448-5411-538-62.11) . City Manager recommends approval. 9.F. CHANGE ORDER NO. 2/HARDRIVES, INC. Approve Change Order No. 2 to the contract with Hardrives, Inc. for the 1992 Street Resurfacing Program, in the amount of $100,000*: with funding from Capital Outlay/Street Reconstruction (Account #225-3162-541-61.17) . City Manager recommends approval. *$100,000 is an approximate figure: a final estimate will be provided at the January 26, 1992, meeting. 9.G. PURCHASE OF FURNITURE FOR TENNIS CENTER/BUDGET TRANSFER REQUEST. Approve the purchase of furnishings for the tennis center clubhouse from J.C. White in the amount of. $14,935.25: with funding from Tennis Center - Furniture/Fixtures (Account #001-4124-572-64.10), subject to approval of accompanying budget transfer. City Manager recommends approval. '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 9G - MEETING OF JANUARY 26, 1993 PURCHASE OF FURNITURE FOR TENNIS CENTER DATE: JANUARY 25, 1993 This item is before you to approve the purchase of furnishings for the tennis center clubhouse from J.C. White in the amount of $14,935.25. An outline and analysis of the quotes received is attached for your review. Delivery is projected at 4 to 6 weeks from date of order. Subject to the Commission's approval of the accompanying budget transfer, funding will be available from the Tennis Center's 93FY operating budget (from part-time and regular salaries to Account #001-4124-572-64.10 - Furniture/Fixtures). Recommend approval of the purchase of furnishings for the tennis center clubhouse from J.C. White in the amount of $14,935.25. .. . RECEIVED J4N 2 S 199J MEMORANDUM CITY MA NAr.r:QI') , OFFICE TO: David T. Harden, City Manager FROM: Joe Weldon, Director Parks and Recreation DATE: January 25, 1993 SUBJECT: Purchase of Furniture for Tennis Center Attached please find quotations for furniture for the Tennis Center. This includes office furniture as well as various tables, chairs, sofa, etc. for members, visitors, and guests. The quotes attached represent a lower grade furniture from Adirondack Wholesale and Institutional furniture company, and a higher, commercial grade furniture from J. C. White Company of Pompano Beach. . J. C. White quotations are based on its contract with the Broward County School Board contract ~92-06014. The items identified from the Adirondack catalog may not be of the same color and shade but will likely match the decor of the new clubhouse. Also, the attached prices from Adirondack do not include shipping costs. We are currently waiting on these costs. Delivery from either company is projected at 4 - 6 weeks from date of order. Monies will be available thru a budget transfer of funds generated from the Tennis Center's 93FY operating budget account for full-time and part-time salaries. I recommend we purchase the furnishings for the clubhouse from J. C. White in the amount of $14,935.25. Please place this on Commission agenda for February 9, 1993 for their consideration. Please advise. Dept. . . OELRAY BEACH TENNIS CENTER FURNITURE QUOTES J. C. WH ITE AOIRO NOACK QUANTITY ITEM MODEL UN, COST COST MODEL UN, COST COST 1. 35 Side chairs for up- HCI-540 $177.55 $8. 395.40 C H0959 $119.50 $4,302.00 stairs loung.. p. 6 p. 7 2, 2 Armless stools for HCI-2405 $141,35 $282.70 C HT1 81 $1 39. 75 $279. 50 count... staff. p.14 p. 29 3. 1 Carolina sofa with oa~ HCI-860- $594.55 $594.55 LFB123 $322.00 $322. 00 wood frame- open ar p. 20 p. 2 attached cushions, 4. 2 Carolina oak wood HCI- 860- $275.00 $550.00 LFB121 $1 59.00 $31 8.00 frame lounge chairs - p. 20 p. 2 open arms attach cus 5. 2 Carolina 24 x 28 end HCI-S07 $161.70 $323.40 LFB127 $122.00 $244.00 table p. 20 22x22 p. 2 6. 1 Carolina 24 x 48 HCI-S07 $196.90 $196.90 LFB126 $1 62,00 $1 62, 00 '. cocktail table p, 5 1 8x52 p. 2 7. 4 Carolina guest chairs HCI- ~2 $247.50 $990.00 LFB121 $159.00 $636.00 sled base-wood tram p, 5 p. 2 open arm 8. 2 Carolina guest chairs HCI-8!52 $282.90 $525.80 C H01 67 $129.50 $259.00 sled base for offloe p, 5 p.21 9. 1 Carolina mid -back HCI-6635 $453.75 $453.75 CHE164 $194.40 $194.40 swivel tilt exec. chair- hghback p,21 wood trim-enol. arm p.lS open arms 10, 1 36x72 double pedMb OP-EOO $~9, 75 $~9. 75 OEWElO3 $439.50 $439.50 desk w!modesty pant p.2 p. 15 11. 9 Falcon 42' rd tables 25022/ $419.00 $3, 771 .00 TAL6Q5 $147.55 $1,327.95 w/formlea tops and 2' 3902- 28 TAB403 wood bullnose edge p.lS p. 54 I Totals: $1 4,933. 25 $a. 484,35 I ., " ~ I. fi-:JrT'., ~ 305( .:. 77 .sa 1 7 ~I. laud.rdole/Boca (.3051 C'}7I,202::! HOllywood 3(5) 940.7775 O.lray/PoIrn eeoc:h 1407) 732.9877 ~,o.)( <~) cl77-sea2 FAA (30.$1 97t.2854 OfFICES AND ~s AT: e200 NW 27th Strwt 1965 NW. 18m Sneet OFFICE FURNITURE & INTERIORS Mi':lmi, Florida 33122 Pompa"o eeoch, I'l 33009 . "'" ,.pTo; Dote: J !W/q3 ~ ~~~~ Terms: SG..h\JL. BI" fO: ~ p('0~a: 1'eyw,iS Cen~ Phone: {f+07'J2A.'?:-t, CD I Contact <.J Person; ~ G\ bh6 Dli"llver.,.. Dale: A~ &, ~ P.O, # CQ~ \ -=tt=q2 I<ef, Modellil Item Description Price Amount & H c. I - 540 / f=b-1te.RJ\ '12..0 Colo~ G 030 17"7. V>5 G>.3Q5 ~ COJ<.O\ ,'na.... S ,-de, Cko.;e W l..Lh a..ems II e\-\-T CoJ:: ()..Joc:c:)) ~e. - TAGl: 2 ~ Ft coR. L 9W1 e.. ( L\ s+ Pr-lC,.o.. $ 323. (0) - 2 \-\c.\ - 2405 / 6.i\- eJU\ '015 Cotoe C- 8::) 14(.35 2~2.10 \ 'no... ..s 1-00 \ s Q..R.xY\ \ ~g ~\~ Pneumo:h"c.., Se.od r--el 'rtt ad.'~t- YY'\e.:<\-\- - fY"\a..(\ u.oJ 'aAc~ oa'vSi-- fY'reX'\t- o~ l~~d) oJ \J..J'V\. t'n LL""" Co..c:e. TAG: Ree\&Tl.ATlCN G,uC\~ ( L\~T \'\.~ $ 25~ C&) I \-\C.\ - <6lcD - 3 R1,\-\ e.R..r\ 575" a\ol<-c..-~ ~4.55 SQ4,55 hn 0.... Scf'o..- wi J)., ~ ro.k. wco& ~- I) 1 0R.iY\5 - 0... -t-\Qc..~d ~ l Ol)~ T~'. \W" F\oa<- (L\ rl c.e" ~.. 108 \ CO) - ,ccount Repcesen10tive I ~ MIaml (:lOS) 411."''' f,. la..de,dol./8oca 130$' 97\.2022 ' ~ Hol~ (306) 9~'n5 D.lray/PaJ", Btoch (407) 732.9877 ~^X (30!) 477.~2 FAX (.30.1J 9TJ.2U4 OfFICES AND ~MS AT: . . 8200 NoW. 27th StrMt 1~ N,W. 18th Street OI=FICE FURNITURe & INTERIORS Miami. FloridCI33122 Pompano Beocn. FI.. 33009 . Ship To: Date: \ J "20 1'13 lJeJrnk -re.\'\Y\, ~ G..n-\e r Terms: Bill to: / Phone: Contect -- Person: Delivery Dote: P.O. # SoeclOllrl$tructions: ~ 2 J' 4 · 0 Ref, Qty, Model# Item Description Price AmoU"lt 2 +4c..\-<&loO-\ I.pOw~515JCO\~ C-~O 215,00 550CS? Ca.R.o\\no.... LoL.Lf'\C\e. ChaiR.S Lt~'n1- CbJL Woc& ~ - q:en ~~- ()t...~d ~hLonS lAG>: \ S:[ Flo~ (L\"5t Pr\ce.. S~CQ) 2. HC,\ - 607 I L\q\-tT (A.k:... 1(0 t -zg 3234.:Q l'fl Qn \ \ no... 24)L 2.~ E" t"\,D -r oJole... TAG', \ ~ F\~ ( L \.~t. {?('t-(\ L S ZQ4 <:9.) . 1 HC\-<6D7 /LtC\~T OA-K. \qL,qQ, \ QtoClO QrchY1O- 24 y. 4~ rrT'.~1n~~ i~\e- TAG', ~ SI ~\~ Cl\St- H-tc..L 1; 3:)~c:Q) - ~ Account I<epcesentotive Uo -kt ~ Ii"" ().. ~'tb\.-e..v""'~ccePted By \ ., .~ Miom (305( 477 5317 Ft, loud.rdcle/8oca 13051971.2022 HOl/ywCOd 3(5) 9/10.7715 D.lray/PoIm 8each (.4071732.9877 ~,IJ( (305) 4n.5142 FAX (30~ 911-l8$.i OFFICe ANO ~S AT; e200 NW 27th Street 1Q65 NoW 18th Street OFFICE FURNITURE & INTERIORS Miami. ROtidO 331~ Po~no 8<<lcl"l. FL JJ069 . Ship To: Date: $ 2CI'l3 ~~~X\n\'~ Gn4ev- Terms: Bill to: Phone: Contact Per~c.n: - -- Dellvl;ory' Date: P.O. " SoeelOllns~ttON: pllog L~ or 4 ~ . ~Qt. Qiy, MOQQI# ItQf"n Description Price Amount 4 615 Co\~C.-~ 241~ q 0 Cl:) U-eSf ChQ.,\~ wcc:d ~rY\€- - - Ou.:\S\CtL ~ cA\~ . 6330 2f.cZQo 525~ . r"\R.\ ,~ - ~~- ~c02 l 453./5 -453.75 - Account Ropr~$entotive nO ~ Q;Q Q S~-\0,.-ACCePtl3d 8y t . , .~ Miami (30S(; 477 5317 Ft.l,Qud.rdal./8oco 13051971.2022 HoI~ 305) O~77'5 OeIraYlPalm 8eoch (4071132.9877 J:.4J( (30S) 4"-5a42 FAX (305/971.2854 OFFICES AND ~ AT: 8200 NW. 27th Street 10M NW. 18t,., Street OFFICE FURNITURE a INTERIORS Miami. FlOlldO 33122 Pompano ~h. Fl 3JCl1!:9 - 3hip To: Date: $20 1.93 M~ , Ten(\l~ ('~ Y\~( ierms: Bill to: - I Phone: Cc.nroct P/;-fson; ......-.-. Delivery Do tQ: P.O. /I SoeciOllt'l$tructions: ~ 4 &94 Ref, Qty. Mo<;~h" Ih.m Oescrip lIon Price Ar:-ount I , <?4 q ?.[: 94q.7S- om tt -. $IS45~ - Ltlq.CD 3771 ~ ,'- -- -- ----- - Account RElpresElnlaTiv.;l ~ a. k (L~ G ~1n f.f'.V<~:cc"'Pted By " ; CITY or D!LRAY BEAClI Departmeutal Budget Trauafer (1) Departmeutal Line Trauafer (2) Date January 21,1993 (3) Interfund/Interdepartmental Trausfer (4) Batch Number (5) REQUESTED BY: Ed Foster, Tennis Supervisor .-.-----.----.------- -----...--------........-- ...--------.-.--.- ......---........ (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER. IN --..........--.....-- ..........--........-..--- ..---........----- .-.-.-----.--.... 01-4124-572-13.10 Salaries & Wages 13,177.50 Part time 01-4124-572-12.10 Reg Salaries Wages 6928.74 01-4124-572-64.10 . Furniture/Fixtures 20,106.24 (10) TOTAL 20,106.24 20,106.24 -.....------.-.--- ..............-.. JUSTIFICATION: Purchase of furniture for Tennis club house DEPT. HEAD ASSIST. CITY MGR. BUDGET DlREC CITY MANAGER -.-.-.------ .--.-.-.-.-..-.-.-.-....-.---.-.-.--.-.-...-.....-.......--.............. .1) BUDGET REVISION DATE (12) CONTROL NUMBER (3) PERIOD (14) COUNT WHITE. ORIGINAL. BUDGET . CANARY. COpy. FILE . PINK. COpy. DEPARTMENT , -- --- . . ' '"" ~ ..... . '!.-~...---. - :f7",....,...._,~ COUC.11 fJ ,....", ~-.- '" r. ... ~ E0 uS,S! \'" r ? 1./1 .~ ~ - :II j B 8 ~ ~ n~ " I,re / ..,.. 1Il~ 1111/1 1/1 dOBS Olld I~I.~I 8 '-- \ )/S~Q 8 ,,"'.J . ~ ~ ~ ... , I CUdO Olld ,I ~ ["TI11I9 . " . " I ' I , I . l STORAGE IS' ELEV. I StiR-III AJ G- - .1'1I8...E .:It,' _ (.,.--J y '"' ~ - ~~D .,'0- 0 e ~ ; , .. - "- 0 I I , I I, I ' ~ MENSER ROOM A .4 __ ~ 0""'0 0 ,. . l i IV 3..,/-' I CoN ~SS iorlS - - r- c:;;JcWi iNS - ; - ,"""".. . .. . " . . Cd,! (!fuh CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 26, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM '2 THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.H. TENNIS CENTER UPDATE. 9.1. DIRECTION CONCERNING INCREASING RETIRED POLICE AND FIRE PENSIONS. Uore: g~-UfJ our Su8.:fte:r 7{) ftuue R~(beOS fJ/S('P)StdC. - ItIlob1El( ~ ,P~tJidr- '. . . . CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:22 P.04 ,.0 . .'!' tiT' DF DELIR' BEREH CITY ATTORNEY'S OFFICE 200 NW 151 AVENUE . DeLRAY DMCII. fLORIDA 33444 fACSIMILE 40'7/278.47SS Writer' 8 Direct Line (401) 243-1092 This document was p~epar.d in anticipation ot potential liti;ation and contain. attorney work product. It i8 therefore to be kept confidential and not. .ubjact to public record. cSt.clo.ure. MSMORANDUM Date: January 26, 1993 TO: City commission ~)At- From: Jeffrey S. Kurtz, City Attorney su~ject: status ot the Tennis Center The work on the tenn1s center and stadium continues to progress on schedule, however, the general contractor on the job, Falkav, I nc. , 1s having tinancial d1fficultJ,ea. The problems apparently arise from the previous management's operation of the compa1JYt in that they allegedly diverted tunds from the tennis center project and other projects the company has going. In addition, the current management indicates that the project was under bid by 80me $200,000. Apparently, several aspects of the job were completely omitted in the original int.ernal bid documents and budget preparation.. The current managers have requested an additional $175,000 be added to their contract amount. They have indicated to City staff that unless such add! tional monies are 1ncludecl in the contract amount, they will not be able to complete the work. Such a situation puts them into default under t.he contract and ordinarily would not be ot great consequence to the City or the subcontrActors since we have performance and payment bonds in place. The normal scenario would be to place them on notice of their default, notify the bond company (which in this case is Firemen's Insurance company ot ,Newark, New Jersey and 18 associated with the Continental Insurance Group havinq a solid rating) and the bonding company would assume control over the job 1n order to complete the work. The C1ty, under those circumstances, pays only its contractual amount and any excess expenses are paid by the bonding company which would have recourse against Lhe contractor. 9H '. , CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:23 P.05 . . City commi..ion January 26, 1993 Page 2 Unfortunately, because of the time constraints involved in completion of the tennis stadium, we do not have the luxury ot a several week delay that such a procedure ordinarily involves. Since discovering the situation on Thursday, January 21, 1993, the architect, City ataff, our oftice, and Commission Mouw hAve met with the General Manager for Falkav, Ron Britto. He confirmed the Magnitude of the problem and that an influx of money would be needed in order for them to complete the job. Apparently, prior to him taking over operations of the company, it had been run by Paul Falcone and his son, along with Jamie Kavoris. The indemnifiers in the indemnity agreement with the bonding company are paul Falcone and Jamie Kavoris. Jamie Xavoris' father, while no longer a principal in the company, does have auffici.nt funds to resolve hi. son's problems. During the cours. of those meetingl, Mr. Britto confirmed that they would be unable to complete the job unless the contract price was incre..ed by $175,000. We have alao been in telephone contact with the surety and taxed them the attached letter explaInIng the city'. position in the matter. If we w~e to re-negotlate the agreement with l'alkav as they have requ..ted, we would limit our future recovery from the bonding company. Therefore, it is staff's recommendation that no lncreaa. in the contract amount, other than legitimate Change orders, be authorized. However, as we are generally plea.ed with the pertormance of the new managers, it is to our advantage to maintain the. on the slte so long as they keep performing. To that end, it is suggested that the City Manager be iiven authority to negotiate with Falkav to see if a solution can be reached that does not involve them leaving the jOb site. Partial solutions may involve expedited payment and weekly invoic.., or w1th the bonding company's acquiescence, tapping into the retainage. Staff believes that the best solution to our problem would be either for the bonding' company or Mr. Xavori. to fund Falkav directly so that all parties would minimize their damages. The possibility that Falkav could qet an lntlux of cash is not as remote a. one would ordinarily think because Mr. Kavoris has considerable wealth to draw upon to ball his son out. If he choosel not to bail his son out, upon default the son would be liable for a substantIal judgment that the bonding company could get against hlm. The son's remedy would then be to '. . CITV'ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26.93 17:24 P.06 . . City Commission January 26, 1993 Page 3 declare bankruptcy and not be able to receive any substantial as.ets in the near future. The City and the architect are working on contingency plans that would involve the City taking over the job. If that become. nec.ssary, the City Manager will need authority to retain all necessary personnel to complete the job. In all likelihood, the City would want to maintain the current sub- contractora that are working on the site, however, a number of people, including carpenters and forepersons on the project, are employed directly by Felkav rather than a subcontractor. If the Commission concura with the recommendations set forth in this memorandum, it would be appropriate to pass the following motion at the meeting of January 26, 1993: Move that Palkav be declared to be in default on the tennis center contract due to its apparent inability to meets it debts and obligations on the job and authorize the City Manager or his designee to negotiate with Falkav, Ine., their surety and such other parties as the Cl ty Manager d.ems appropriate to insure the timely completion of the project. If the City Manager deems it to be in the beat.... intereat of the City, he shall hereby have the authO?ity to remove 'alkav from the site and retain such additional peraonnel aa is neceasary for the City to directly or indirectly control the job site and complete the work cont..plated under the contract in a timely fashion. OUr office will be contacting you individually to discuss thia matter and answer que.tions you may have. JSK: sh Attachment ee: David Harden, City Manager Lee Graham, Risk Man4ger Bill Greenwood, Director ot Environmental Services Digby Bridge" I , '. . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:24 P.07 [IT, DF DELAR' HEREM CITY AnORNEY'S OFFICE 200 IoIW lst AVcl'olUE . Dl!LIlAY DeACH. FLORIDA 33... FACSIMILE 407/278.4755 Wr 1 t.er'. D1rect Line (407) 243-7092 January 26, 1993 VIA FACSIMILE courtney Wolff. Firemen's Insurance Company of Newark, New Jersey 76 Batterson Park Road Farmington, CT 06032 SUbject: Delroy Beach Tennis Center prinCipal/Contractor; Falkav, Inc. Bond No. 4006195 Bond Amount, $2,496,9a3.00 Dear Ms. Wolffe: The City of Oelray Beach and Falkav, Inc. had entered into a contract wherein Falkav wall to construct a tennis center and stadiulI. Firemen'lI Insurance Company ot Newark, Hew Jersey was the nam~rety of the performance bond provided by Falkav (a copy of t e performance bond is attached). Thill letter will serve to advise Firemen's that Falkav 121 in default under its contract with the City. Falkev, Inc. , through their General Manager, Ron Britto, hall, by written and verbal communications on January 22, and January 25, 1993, advised the City that they are unable to meet their current or future obligations under I the contract due to an inability to pay their debts. Pursuant to Paragraph 15.2.5 under the "General Conditions" of I, ' the agreement, the city may terminate ita contract with Falkav when they are unable to pay their debts as they become due. Palkav haSl indicated that unless they receive an increase in the contract amount of $175,000, they will be unable to complete the work. This request is not supported with any additional consideration or justl!i~d through change orders to the contract. The City commisslon of the City ot Delray eeach will consider their request at the regularly scheduled meeting of January 26, 1993, however, it is anticipated that such a request will be rejected by the Commission. This project is of utmost importance to the City, as it 1s due to be substantially completed on February 19, 1993. It the p,roject is not completed at that time, the City may begin to assert its claim for liquidated damages in the amount of $2,500 ~ 9.H. " CI;.V ATTORNEY'S OFFICE TEL No. 407 278 4755 ]an 26,93 17:25 P.08 January 26, 1993 Page 2 per day. A180, on that date, the City is to make the site . available to Liddun, Inc. who will be holding the Virginia Slims of Florida women's Profe..ional Tenni. Tournament on the site with competition beginning March 1, 1993. It is antic.1pated that ov.r 8,000 people per day will be attending the event. Th..e facts are made known to Firemen'. In.uranc. Company .0 that Firemen'. Insuranc. Company realizes that it is imperative to the City that this project be completed in a timely fashion. If it prove. nece..ary, the City may be forced to take over the .ite and complete the work. Should that occur, it will obviously s..k compensation under the performance bond. It would be appreciated if you or someone from your claims department immediately begin to investigate and evaluate this situation 80 that damages to all parti.. are minimized. It would be appreciated if you would contact me directly at (407) 243-7092 .0 that we may furtherer addr... the.e issues. Thank you for your anticipated cooperation. SincerelYf JSIt:sh Attachment. cc: City Commi..ion David Harden, City Manager Lee Graham, RiSk Manager Jody L. Young, Esq. '! . , CITY OF DEL RAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 26, 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM 12 - THE REGULAR AGENpA IS AMENDED TO INCLUDE: 9.H. TENNIS CENTER UPDATE. 9.1. DIRECTION CONCERNING INCREASING RETIRED POLICE AND FIRE PENSIONS. .. . " CIfY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:21 P.02 . [IT, DF DELIA' IEAEH'" .,.... CITY ATTORNEY'S OFFICE 200 NW lal AVt::NUc . Ut::LRAY UEACH, FLORIDA 33444 FACSIMILE 401m8...?SS Wri tar'. Direct Line (407) 243-7092 MEMORANDUM ~ J Date: January 26. 1993 Llf/v To: City Commission From: Jeffrey 5. Kurtz, City torney Subject: Police and Fire pens10n Board Mattera One__!!!!'~L.lncrease in Retiree.' Benefits The commission may recall that the police and tire retirees requested an increase in their pension benefits, as they had not had an increase since January of 1988. The Commission had requested that 8.vera~ alternative scenarios be examined and the Pension Board directed their actuary to look at those requested by the Commission and added several other scenarios to the list.. The re.ults of that actuary analysis is attached. -- of January 20, 1993, the Penslon At their --meeting Board reconunended that the police and fire retirees be granted an increase similar to that rece1ved by the general employees. The reconunendation is that the police and fire pension plan beneficiaries who retired prior to January I, 1991 be granted a one time ,. increase in their benefit levels. While the actual cost or this proposal has not yet been examined by the actuary, it 1s anticipated that it would increase City contributions along the lines of number 2 on the actuarial analysis or approximately $75,000. Unlike the General Employees Penslon Board, the Police and Fire Board has not enacted actuarial assumptions which would offset the proposed increa.e. While reviewlng this matter and calculat1n9 benefit levels for the children of a deceased officer, the Board identified a problem in the previous increase granted to retirees. The wording of the existing ordinance makes the previous increase only applicable to retirees and not to their beneficiaries (i.e. spouses and children) . The plan has actually been administered in such a way that t.he beneficiaries have been rece1v1ng those increases, but that 1s being done in error. The Board, after reviewing the minutes and consulting with former Board members, concluded that the ori9inal int.ent ot the q r " . CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:22 P.03 . . City ConuniaaJ.on January 26, 1993 page 2 previous ordinance had been to apply the increases to bene- ficiaries. Therefore, in additlon to the proposed increase tor this year, the Board would like the Commission to revise the existing ordlnance to reflect the current practice and ensure that any increase granted this year, or in the future, apply to beneficiaries and retiree. equally. The 80ard dld feel that the mi nimum bene tit 0 f $200 should only apply to retirees so that children and spouses otdeceased retirees could get le88 than that amount. This matter will be placed on your January 26, 1993 agenda for Commis.ion dlrec~lon as to how to proceed on an increase for police and fire retirees and their benefic1aries. JSKash CCI David Harden, Clty Manager Members, Police and Fire Pension Board . --... " ..-. , .,.... .: -,-.,... '='::- ~":::: ',./ J ::::: ::: ~ c : c: C TEL t"jo. 407 278 4755 Jan 26,93 17:46 F' ,C\2 . ~ ..............~.._,o......_,."... ~......~.'-..c.:,.;;_.:.;c. ,+ '_ J,'; .... _ _......'..." ~'f"','....;, . '. ~"'.. '........ .' - (~'\~~_~~0"'(';/k>"./.".(;... . (4~V~'i;'H~ 1, :;~i<~~1~1~~)~,fiilt~-: ,.:' .~' .,', "J.~.$.I, Jtln ';~tl~:, ~;~(i:ti.\:li'i!ri.{t:;t;::~t~,f;:r~'; ;~:.C :', "i-~.:' "',, ::-, I of ;~~,\~~. ~'i,'i' +tii~;~;;Mr~~jl~~;I" :~~'*'t "':' .'. >,' t~~~If.1.~~tt~t.1j11'wltt~xJ.":~~:j~~'~"'i"~1,/b~' ,.'i~.\' ',::: \ i ;,> :.' ",..'. dfk," ','~. ';~~ DEERAY:1fBEA . . 'ao ~T~,.ANDi lWl€IGHlfER ::,REtI MSr;;ttSY:S'fEM" , .'. ..,.,,'.,', ' 'f;'.....'~!I~f~i;W~,,''i"W(~;~~t~>':;:m<f~&tt\~ 1f'-"';AV<"'t~A'&~"'!~Cb~"'!W~~~~t'~'B~"f...;j;'~""ts~.r..:.:,,;~~"'''',;d.",';.;,.~. <:. : '.,' : II ;:~$'~,-;:~4f: . J,i f?~'~, ':~.::~y:""'t~,\:&;~:;. ,l';> t Of '.Rtij ",; ~n @'~ no' ~n(! n~~~'".,.r,,>.,:.. ,," " . ',', " J I, ~'~~~M"" <;#'tmmf'* '.'ff. 4N,:~,,*.')il~, ~>""'~"M{:!:<.~.,.~t.~'<@:;~'itf~l?~~""'~L'>v;;,,,,w"'\^"1)"\"~~i;\"'",;'., ,/', ..'," ,',", ..", A ;. " 1j i ~~.~:;;~~ . ~.~ Required City Contribution I , I Benefit Package ;~:;:'A,,~~~~I_l~~~ ,~llI1fii~e~yf~!i,:~,,'j!;V;i L Current Plan without change $ 1,013,498 12,15% I One time Increase for current retirees I I equal to 2% for each year of retirement with maximum of 10% 1,084,864 13,01 1r.i>4 I G: r i 3. Same as #2 but excluding all dlsablllty I !~ retirees 1,050,955 12,60 I 'I i Same as #2 but excluding 3 particular disability retirees 1,079.691 12.95 . 5. 2% automatic annual COLA for current I ~ al)d future retirees starting one year aft8r-reti rement 2,089,489 25.06 l j 6. 2% automatic annual COLA for current and future retirees starting two years after retirement 1,931,278 23.16 I 7. 2.5% automatic annual COLA for I current and future retirees startIng one I year after retirement 2.423,399 29.06 B. 2.5% automatic annual COLA for current and future retirees starting two years after retirement 2,214,799 26.56 9. 3% automatic annual COLA for current and future retirees starting one year I after retirement 2,791,370 33.47 II 10. 3% automatic annual COLA for current and future retirees starting two years II Ii after retirement 2,526.672 30,30 ! JI ~~_oo:';~...:._._.._.__.__~ .__. & _->. ______~.....-'-__-~."":":'"'::::- _ ......._ ...'n . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {' t ( SUBJECT: AGENDA ITEM # /0 A- - MEETING OF JANUARY 26. 1993 ORDINANCE NO. 1-93 DATE: January 22, 1993 This is the second reading of an ordinance rezoning and placing land presently zoned RL (Multiple Family Residential - Low Density) district in CF (Community Facilities) district; said land being a portion of Abbey Delray South, Parcels W and X, located east of Homewood Boulevard, on the south side of Linton Boulevard. The Planning and Zoning Board at their December 14th meeting recommended approval of the rezoning. The Commission approved Ordinance No. 1-93, at first reading on January 12, 1993, by a 5 to 0 vote. Recommend approval of Ordinance No. 1-93 on second and final reading. ~6'O PO; . . ORDINANCE NO, 1-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the followinq described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities) District as defined in Chapter Four of the Land Development Requlations of the City of Delray Beach, Florida, to-wit: A Replat of Parcels I'W. and IIX" and portions of Parcel "V", as recorded in Plat Book 42, paqes 121 throuqh 123, inclusive, of the Public Records of Palm Beach County, Florida; beinq a Replat of the Plat of Abbey Delray South as recorded in Plat Book 41, paqes 96 throuqh 98, inclusive, of the Public Records of Palm Beach County, Florida. The subject property is located on the south side of Linton Boulevard, qetween Homewood Boulevard and the E-4 Canal. The above-described parcel contains 12.38 acres of land, more or less. Section 2. That the Planninq Director of said City shall, upon the effective date of this ordinance, chanqe the Zoninq District 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 readinq. PASSED AND ADOPTED in reqular session on this the day of , 1993, MAY 0 R ATTEST: City Clerk First Readinq Second Readinq . '. P & Z Staff Report Abbey Delray South Rezoning From RL to CF Page 2 rezoning was approved by the City Commission on second reading at its meeting of November 17, 1992. At that time staff suggested that the remaining portion of the site containing the villas be rezoned to CF as well, since continuing care is not a permitted use in the RL zoning district. In addition, the owners have indicated a desire to have a single zoning designation apply to the entire site. The attached Planning and Zoning staff report contains an analysis of the proposed rezoning. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of December 14, 1992. At that time, the Board unanimously recommended the rezoning request for parcels "W" and "X" of Abbey Delray South from RL to CF. RECOMMENDED ACTION: By motion, approve on first reading the rezoning request for parcels "W" and "X" of Abbey Delray South from RL (Multiple Family Residential -Low Density) to CF (Community Facilities). Attachment: * P&Z Staff Report , - I T E M B E FOR E THE BOA R D: The action before the Board is making a recommendation on a rezoning request from RL (Multiple Family Residential - Low Density) to CF (Community Facilities). The subject property is Parcels "W" and "X" of Abbey Delray South, a Continuing Care Facility and Nursing Home with a total area of approximately 30 acres. It is located east of Homewood Boulevard, on the south side of Linton Boulevard. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. B A C K G R 0 U N D: At its meeting of October 8, 1979, the City Commission approved, pursuant to PRO-I0 zoning, a conditional use request and site and development plans for Abbey Delray South. The approval allowed a Life Care Retirement Community. The development consists of three components: * a 248 unit continuing care facility on 16.5 acres; * a 60 bed nursing home on 1.5 acres; and * 40 villas with individually platted lots on 12.4 acres. In October 1990, the continuing care and nursing home facilities were rezoned to PRO (Planned Residential Development), and the villas to RL (Residential-Low Density), as part of the Citywide rezoning and adoption of the Land Development Regulations. Proiect Description: The owner of record is the Palm Beach County Health Care Facilities Authority, which issued bonds to finance construction of the project. The project is operated by Life Care Services Corporation, a non-profit corporation based in Des Moines, Iowa. Abbey Delray South is considered a Continuing Care Retirement Community, and is regulated by the Florida Department of Insurance. Residents of the facility contribute an endowment, and pay a monthly service charge. These payments assure them a living unit in the facility and care at the nursing home, if necessary. Residents of the villas do not own the units which they occupy. In November of this year, the City initiated a rezoning of Parcels "U" and "V" of Abbey Delray South from RM (Multiple family Residential - Medium Density) to CF. The rezoning was approved by the City Commission on second reading at its meeting of November 17, 1992. At that time staff suggested that the , P & Z Staff Report Abbey Delray South Rezoning From RL to CF Page 3 Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That rezoning to other than CF wi thin stable residential areas shall be denied. (Housing Element A-2.4) This rezoning petition is in a neighborhood which is designated as a stable residential area. As the rezoning is corrective, to accommodate existing uses, and the proposed rezoning is to CF, a positive finding can be made. D) That the rezoning shall result in allowing land uses which are deemed compatible with adj acent 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 subject property is currently zoned RL (Multiple Family Residential - Low Density). The prop~rty is adjacent to land zoned RL (Residential Multiple Family), CF (Community Facilities), RM (Multiple Family Residential - Medium Density) and R-lAA (Single Family Residential). The surrounding land uses are single family residences, multiple family rentals and condominiums and Parcels "U" and "V" of Abbey Delray South. The zoning change will reflect existing conditions and will not affect the compatibility of the property with adjacent uses. Section 2.4.S(D)(S) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (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: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. 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. " - P & Z Staff Report Abbey Delray South Rezoning From RL to CF Page 5 * Lillian Feldman * Jacob Friedly Pines of Delray Homeowners; Pines of Delray West; and * Jim Goggin, President Shadywoods Homeowners who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ASS E SSM E N T AND CON C L U S ION: This development functions as a continuing care facility, offering a variety of services to residents. The property is operated by a not-for-profit corporation and supported by bonds issued by a public authority. This is consistent with a "semi-public use," as stated in the the Purpose and Intent of the CF District. The existing villas should be considered as a part of the continuing care facility, since residents of these units receive the same services as those in the "multi-family" portion of the site. Continuing Care Facilities are permi t ted as conditional uses in CF. A rezoning of this portion of the development from RL to CF would allow for the continuation of and necessary irrprovements to the existing facilities without creating undue conflicts with surrounding developments. A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend rezoning of parcels "W" and "X" of Abbey Delray South from RL to CF, based on positive findings. C. Deny a rezoning for tracts "W" and "X" of Abbey Delray South, based on a failure to make positive findings. S T A F F R E COM MEN 0 A T ION: Recommend approval of the rezoning request for parcels "W" and "X" of Abbey Delray South from RL (Multiple Family Residential - Low Density) to CF (Community Facilities), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(E)(S). Attachments: * Location Map Report prepared by~eff perk~~ Planninq Technician I Reviewed by DJK on : ~O.-.-.J -.J ~ , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS f . : FROM: CITY MANAGER i /'- ! SUBJECT: AGENDA ITEM # /08 - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 3-93 DATE: JANUARY 21, 1993 This is second and final reading of Ordinance No. 3-93 amending the Five Year Schedule of Capital Improvements for Projects greater than $100,000 (as contained in the Comprehensive Plan) on an emergency basis to accommodate a drainage capital improvement to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor. This amendment is being handled as a small scale amendment exempt from the transmittal-and-ORC process; it is considered an emergency amendment which allows it to be processed without regard to the twice a year limit on Comprehensive Plan amendments. The Planning and Zoning Board reviewed this item on January 11, 1993, and made a determination that an emergency situation does exist, that funding is available, and that accommodating the project will not be detrimental to other drainage needs which are of the same importance. A recommendation of approval was forwarded to the Commission. On January 12, 1993, the City Commission voted 5-0 to pass Ordinance No. 3-93 on first reading, subject to revising Section 1 of the ordinance to accurately reflect the addition of the Tropic Harbor drainage improvements and corresponding modifications to other Storm Drainage Utility Fund line items. This change has been incorporated into the ordinance before you for second and final reading. Recommend approval of Ordinance No. 3-93 on second and final reading. 6/0 ~(/ '! . ~ ORDINANCE NO. 3-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A DRAINAGE CAPITAL IMPROVEMENT; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Table IV-3 of the City of Delray Beach Comprehensive Plan provides the Five Year Capital Improvements Schedule for Projects Greater than $100,000; and, WHEREAS, an emergency amendment to the Five Year Capital Improvements Schedule is necessary to accommodate a drainage capital improvement to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor; and, WHEREAS, F.S. 163.3187 states that "Emergency. means any occurrence or threat thereof whether accidental or natural, causes by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds; and, WHEREAS, pursuant to F.S. 163.3187(1) (a) this amendment is considered an emergency which allows it to be processed without regard to the twice a year limitation of 163.3187(1); and, WHEREAS, the Planning and Zoning Board, as the Local Planning Agency, has determined that an emergency situation does exist, that funding exists, and that accommodating the project would not be detrimental to other drainage needs which are of the same importance; and, WHEREAS, The City of Delray Beach elects to make this a small scale amendment exempt from the transmittal-and-ORC process by having only an adoption hearing, pursuant to F. S. Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 8, 1992. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Table IV-3, Five Year Capital Improvements Schedule for Projects Greater than $100,000.00 is hereby amended by the addition of the following project to the STORM DRAINAGE UTILITY FUND - Spanish Trail (Tropic Harbor) 92/93 @ $200,000; and changing the FY 92/93 allocations for other projects as follows: Northwest Area to $350,000; Germantown to $-0-; and Other Miscellaneous Projects to $60,600. Section 2 That the City of Delray Beach elects to make this small scale amendment exempt from the Transmittal-and-ORC process by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 8, 1992. 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. '. .. Section 5. That this ordinance shall become effective upon the issuance of a Notice of Intent to find the plan amendment in compliance by the Department of Community Affairs. PASSED AND ADOPTED in reqular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Readinq Second Readinq - 2 - Ord. No. 3-93 . . c.-I( {'Jv1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: C:;j~::AGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 12, 1993 FIRST READING, EMERGENCY AMENDMENT TO THE COMPREHENSIVE PLAN TO ACCOMMODATE STORM DRAINAGE AT TROPIC HARBOR ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an emergency amendment to the Comprehensive Plan. The amendment is requested in order to properly accommodate an emergency situation with respect to storm drainage system needs at Tropic Harbor. BACKGROUND: Please refer to the attached Planning and Zoning Board staff report for a full discussion of this item, the need for the amendment, and its basis. In summary, the proposed improvement is in excess of $100,000 and, as such, is required to be accommodated within the 5-year schedule of capital improvements. It is not, nor is there a designated program for undertaking projects of such magnitude. When the Master Drainage Plan is formally adopted and appropriate changes are made to the Comprehensive Plan to accommodate a defined program of drainage improvements, such a Plan Amendment may not be necessary. However, at this point in time, it is both necessary and appropriate to consider an emergency plan amendment. Processing a plan amendment at this time does not affect our ability to process other plan amendments during this calendar year. Two avenues for exception to the twice-a-year limitation on plan amendments exist. One avenue is as a bonified emergency. The second is as a small-scale amendment. '. , City Commission Documentation First Reading, Emergency Amendment to the Comprehensive Plan to Accommodate Storm Drainage at Tropic Harbor Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January 11th following a worksession review on January 4th. At the worksession there seemed to be a consensus that an emergency situation does exist, that funding exists, and that accommodating the project would not be detrimental to other drainage needs which are of the same importance. A report of the Board's formal recommendation will be provided at the City Commission meeting. RECOMMENDED ACTION: By Ordinance, approval of the proposed Amendment. Attachment: * P&Z Staff Report & Documentation of January 11, 1993 DJK/T:CCTH-DR.DOC . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: II.B.l Plan Amendment 93-S1, Emergency Amendment Re: Tropic Harbor Drainage Improvement ITEM BEFORE THE BOARD: The item before the Board is that of review "and recommendation to the City Commission for an emergency amendment to the 5-Year Schedule of Capital Improvements as contained in the Comprehensive Plan The specific improvement i~~eP2ftt;:and replacement of the storm drainage system - Chrf.,iUR';: the Tropic Harbor Condominium. BACKGROUND: Attached is information dated November 24, 1992, from Environmental Services in which the problem, its solution, estimate costs, and basis for responsibility is discussed. In brief, the situation is that there is a failure in the storm drainage system which is causing failure of parking areas and travelways. While there is an apparent dispute (from the Condominium Association) as to responsibility and participation in costs, the subject before the Planning and Zoning Board, acting as the Local Planning Agency, is to determine whether or not. an emergency amendment to the 5-Year Schedule of Capital Improvements should be adopted. The City Commission will be considering this item at its meeting of January 12, 1993. ANALYSIS: The estimated cost for the improvements is $250,000, 2/3rds of which is proposed to come from City sources. Since this improvement exceeds the $100,000 limit and there are no other programs (activities) under which it can be programmed, it is necessary to consider it through the Plan Amendment process. If the item is declared to be of an emergency nature, the Amendment is exempt from the two times a year statutory limitation. NOTE: F.S. 163.3187 states that "Emergency" means any occurrence or threat thereof whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds. , , . P&Z Memorandium Staff Report Plan Amendment 93-Sl, Emergency Amendment Re: Tropic Harbor Drainage Improvement Page 2 Also attached is Objective A-3 from the Capital Improvement Element and Policy A-3.2 which provides the criteria upon which amendments to the 5-Year Schedule of Capital Improvements are to be considered. Additional information to be presented to the Board is that of the funding source, the status of funds in that source, and the effect of accommodating this project vis-a-vis other needed projects. . RECOMMENDED ACTION: Assuming that funding is available and no detrimental aspects of accommodating the project are identified prior to the Board meeting of January 11, 1993: By motion, Based upon a finding that the proposed storm drainage system improvements in Tropic Harbor meet criteria (a) under Policy A-3.2 of the Capital Improvement Element and upon a finding that funding, the allocation of which will not adversely affect another programmed activity which will also immediately eliminate a public hazard, is available; the Planning and Zoning Board, acting as the Local Planning Agency, recommends that the 5-Year Schedule of Capital Improvements, Table IV-3, (page IV-13) be amended by adding the project "Tropic Harbor" with the approximate amount of $250,000 in FY 92/93; and, further, that said improvement is declared to be an emergency pursuant to F.S. I63.3187(a). Attachments: * Excerpt, Table IV-3. Five Year Capital Improvements Schedule * Objective A-3 & Policy A-3.1, * Report of November 24, 1992, by Report prepared by DJK on 12/23/92: DJK/PZ93-S1.DOC . . , \ fI/f! . $59,999 to eome fces CeReral~Tax ReV8RHes .ommeR8ift~ in FY 95/96 foJ:' ~ofltJ.nuatl.on Qf t.he sQenig streets aRES beautJ.flcatioR.pro9~am8~ ~QPQR Space 8-1..2, Ce3stal D 3.2, Traffio B 3~2)~ Objective A-3: The City of Delray Beach shall establish programs and procedures which require the provision of needed and desired improvements, as identified in other elements, and which shall manage the land development process so that needs created by future development will not exceed the ability of the City to meet them. Such programs and procedures shall, at a minimum, include the following policies and activities. (bS) Policy A-3.1 The City of Delray Beach hereby adopts the, list of capital projects contained in the five year schedule contained in Part IV.B. and establishes that all projects identified as a mandatory need in the Inventory of this Element shall be carried out in accordance with that schedule. All other projects shall be carried out as scheduled or within one year thereof. It is the responsibility of the Local Planning Agency to review the '. five year schedule each year and to prepare the five year schedule for the second planning period so that it will be adopted as an amendment to the Comprehensive Plan in June, 1993. Policy A-3.2 The criteria which shall be considered in the * amendment and modification of the S-year schedule and the preparation of a 5-year schedule for the second planning ~:;?\\~ \ ~ period shall include the following (cl): ~ a) The highest priority shall be afforded to activities and projects which eliminate a public hazard whether it be to health or the reduction of damage potential. (c1a) b) The second highest priority shall be given to activities and projects which eliminate less than desirable conditions or provide services to unserved, inhabited areas. (clb) c) Consideration shall be given to impacts upon the availability of funds for the project and for other projects; when appropriate for the purpose of providing financial resources for other needs, an activity or project shall be phased over a period of time. (c1c) . d) When a project can be combined with another project in the same geographic area, it shall receive a higher priority e.g. combining needed street improvements with scheduled water and sewer improvements may accelerate the street improvement project. (cld) , III-H-20 ; . e) When a project will receive significant funding .~~ assistance from a development project or through neighborhood contributions through an assessment district or other method, it shall be accelerated on the schedule. (cld & e) f) When a project can be funded through an exclusive funding source, it shall have a priority determined through that funding source regardless of its relationship to projects which are funded by other funding sources e.g. a park constructed with dedicated park funding can have a higher priority than a mandatory need when the financing for the need isn't available. (clf) g) A project's priority shall increase if it can be tied to the construction of a project undertaken by another unit of government e.g. water main upgrading and hydrant placements shall be coordinated with street improvements which are constructed by Palm Beach County. (clg) h) A project's scheduling shall be consistent with respect to other projects which have been prioritized within other elements of this Plan, except as they may be modified through the criteria contained within this Policy A-3.2. .~t . POlicy A-3.4 The (City Manager) shall prepare a Capital for each budget year. The CIB Planning Agency and mu with the the City Polic The City of Delray Beach hereb t Lev. of Service (LOS) standards as set forth -GOP-l as the mandatory levels of service for ublic facilities within the City's Municipal Boundaries III-H-21 ---- . . DEPARTMENT or ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID HARDEN CITY MANAGER FROM: RALPH BAYDEN, P.Bf.I1l'tJ CITY ENGINEER DATE: NOVEMBER 24, 199~ SUBJECT: TROPIC HARBOR CONDOMINIUMS PAVEMENT DETERIORATION PROJECT NO. 92-40 ------------------------------------------------------------------ Attached is an Agenda Request and supporting information for the regular Commission Meeting on Oecern~er 1, 1992, requesting direction from commission regarding the release of the project for bid and entering into agreements between the City and Tropic Harbor required to proceed with the reconstruction project. This project consists of installing approximately 2200 L. F. of reinforced concrete drainage pipe, 40 drainage structures and additional items such as pavement restoration, etc.. The funding source for this project will be the storm water utility fund and contributions from Tropic Harbor. OB:RH:db Attachment File: Project No. 92-40 Memos to City Manager " - ,.. ... . ... -j -- I t - --"3 1 . ... : :~:~~ V ----- 1 ~i ----------, -------I I -------, Z -----------4 - - - - ------.., <( --- - u___+_ L c U - 0 TllOPICAl ~ C 0 HAR80R Z U r- 0 Z S < -J I- '< f@ PROJECT LOCATION LOCATION ~IAP I . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS ,.<". i FROM: CITY MANAGER ( , SUBJECT: AGENDA ITEM # fOe - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 4-93/WELLFIELD PROTECTION DATE: JANUARY 21, 1993 This is second reading of an ordinance which amends subsection 4.5.5(B) of the Land Development Regulations (Wellfield Protection) to prohibit the installation of new irrigation wells (or the replacement, reconditioning or extension of the depth of existing private wells) within Zones 1, 2 and 3 as established for the City's Series 20 Wellfield (located in the vicinity of S.W. 10th Street, east of I-95). Because the Series 20 Wellfield is experiencing contamination, it is necessary to restrict the use of private wells (for irrigation or work purposes) within the limits of Zones 1, 2 and 3. By doing so, the migration of contaminants can be restrained and they can be picked up through our municipal wells which are equipped to remove the contaminants through an air-stripping process. The Planning and Zoning Board has reviewed this item and recommends approval. At the January 12, 1993, meeting, the City Commission passed Ordinance No. 4-93 on first reading by a vote of 5 to O. Recommend approval of Ordinance No. 4-93 on second and final reading. f~ 5-0 . . ORDINANCE NO. 4-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.5.5, "PALM BEACH COUNTY ORDINANCES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUB-SECTION 4.5.5(B), "WELLFIELD PROTECTION ORDINANCE", TO PROVIDE FOR A PROHIBITION ON THE INSTALLATION OF NEW IRRIGATION WELLS OR RECONDITIONING OF EXISTING IRRIGATION WELLS TO A GREATER DEPTH WITHIN ZONES 1, 2 AND 3 OF THE SERIES 20 WELLFIELD AS INDICATED ON THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT'S APPROVED WELLFIELD MAP; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ' WHEREAS, the City Commission of the City of Delray Beach, 'i Florida, has the authority to regulate the use of water within the City of Delray Beach in order to protect the health, safety and welfare of its residents; and, WHEREAS, at the present time there is contamination surrounding the 20 Series Well field as indicated on the Palm Beach County Department of Environmental Resources Management's Approved Wellfield Map; and, WHEREAS, in order to limit the movement of contaminants from the 20 Series Wellfield, the City Commission of the City of Delray Beach finds it necessary to implement regulations which will prohibit the installation of new irrigation wells in the Series 20 Well field; and, WHEREAS, the City of Delray Beach Planning and Zoning Board, as the Local Planning Agency, has found the modifications herein consistent with the City of Delray Beach Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.5, "Palm Beach County Ordinances", Sub-section 4.5.5(B), "Wellfield Protection Ordinance", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Well field Protection 0td!riirite (1) Reference: t~~ritl/0td!riirite/BBf7 The Palm Beach County Wellfield Protection Ordinance as initially adopted on March 07, 1988, and as amended thereafter, applies within the municipal limits of Delray Beach. (2) Applicability: To land contained within Wellfield Protection Zones 1, 2, irid 3 and 4 as depicted upon the r~t~teltiridI10ie/MipIILrilt~elit~~pte~eriiLtell'liri Well field Protection Map Series as maintained by the Palm Beach County Department of Environmental Resources Management and upon which any of the following uses or activities are proposed: (a) Application for a building permit for nonresidential activity; (b) Application for a building permit for residential development of twenty-five (25) or more units; - (c) Application for a nonresidential development subject to site plan review or conditional use review and approval. (3) Process: (a) Development Applications: When the above activities occur, the City shall require the applicant to file an "Affidavit of Notification" signed by the County Department of Environmental Resources Management as a part of submission materials. When site plan or conditional use approval is required, t~he staff repdrt provided to the approving body shall contain information as to the potential existence of regulated substances and the manner in which compliance with applicable provisions of the Ordinance will be achieved. (b) Occupational Licenses: Prior to issuance of a new occupational license, certification from the Department of Environmental Resources Management as to conformance of the use to applicable requirements of the Wellfield Protection Ordinance, must be provided to the City. (4) Additional Restrictions: In addition to the provisions of the Countywide Well field Protection Ordinance, the following special regulations apply within the City of Delray Beach. ~ The installation of any private well within Zones 1, 2, and 3, as depicted on Palm Beach County's Department of Environmental Resources Manaqement Well field Protection Map, for the City's Series 20 Wellfield, is prohibited. JEl The replacement, reconditioning or extension of the depth of any private well within Zones 1, 2, and 3, as depicted on Palm Beach County's Department of Environmental Resources Management Well field Protection Map, for the City's Series 20 Wellfield, is prohibited. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. - 2 - Ord. No. 4-93 , -p PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading . Second Reading - 3 - Ord. No. 4-93 - - (/( , 7v'1 ( C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ T. HARDEN, CITY MANAGER , ~~ ~\JCl<?\. FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 12, 1993 PROPOSED ORDINANCE PROHIBITING PRIVATE WELLS WITHIN THE SERIES 20 WELLFIELD AND OTHER CHANGES TO LDR SECTION 4.5.5(B), WELLFIELD PROTECTION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an Ordinance which will prohibit the installation of private wells within Wellfield Protection Zones 1, 2, and 3 as established for the Series 20 Wellfield. The Series 20 Wellfield is located in the vicinity of SW 10th Street, east of 1-95. See general location which is attached. In addition, other up-dating changes are proposed to Section 4.5.5(B) which provides for Wellfield Protection. BACKGROUND: The Countywide Wellfield Protection Ordinance applies within the City. A reference to it, along with local requirements, is found in LDR Section 4.5.5(B). Over time, the County Wellfield Protection Ordinance has been revised and it is appropriate to also revise our regulations to provide for consistency. In addition, because the Series 20 Wellfield is experiencing contamination it is necessary and appropriate to impose restrictions on the use of private wells (for irrigation or work purposes) within the limits of Protection Zones 1, 2, and 3. By restricting such wells, the migration of contaminants can be restrained and they can be picked-up through our municipal wells which are equipped to remove the contaminants through an air-stripping process. , City Commission Documentation Proposed Ordinance prohibiting Private Wells Within The Series 20 Wellfield and Other Changes to LDR Section 4.5.5{B), Wellfield Protection Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally reviewed this item at its meeting of January 11, 1993. There findings and recommendation will be reported at the City Commission meeting. RECOMMENDED ACTION: By motion, approval of ordinance on first reading. Attachment: * P&Z Staff Report & Documentation of January 11, 1993 * Ordinance by others DJK/T:CCSER20.DOC ,. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LOR TEXT AMENDMENT RE WELLFIELO PROTECTION ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance affects wellfield protection and includes: * Up-dating changes to LDR Section 4.5.5(B). * A new prohibition on drilling, reconditioning, or extending to a greater depth any existing well within Zones 1, 2, and 3 within the Series 20 Wellfield. BACKGROUND: The Countywide Wellfield Protection Ordinance applies within the City. A reference to it, along with local requirements, is found in LDR Section 4.5.5(B). Over time, the County Wellfield Protection Ordinance has been revised and it is appropr ia te to also revise our regulations to provide for consistency. The revisions also bring the regulations into compliance with policy directives in the Comprehensive Plan e.g. expansion of protection to Zone 4. In addition, because the Series 20 Wellfield is experiencing contamination, it is necessary and appropriate to impose restrictions on the use of private wells (for irrigation or work purposes) within the limits of Protection Zones 1, 2, and 3. By restricting such wells, the migration of contaminants can be restrained and they can be picked-up through our municipal wells which are equipped to remove the contaminates through an air-stripping process. The proposed amendments are not only consistent with the Comprehensive Plan, but also further its objectives. RECOMMENDED ACTION: By motion and upon a finding that the proposed changes to LOR Section 4.5.S(B) are consistent with, and further, the goals of the Comprehensive Plan that they be approved. Attachment: * Mark-up of s~, 4.5.5(~~in9 additions and deletions Report prepared bY,Y\J~ . uCl9-t - I Section 4.5.5 Palm Beach County Ordinance: Palm Beach County is a Charter County and, as such, has the ability to enact ordinance which are effective within municipal boundaries. The manner in which such ordinances, which impact the land development process, are accommodated within the City of Delray Beach is set forth below. (B) Wellfield Protection 0tdlri4rii4 (1) Reference: e161rbltt 0t"Ul!al!t~ 881-11 The Palm Beach County Wellfield Protection Ordinance as initially adopted on March 07, 1988, and as amended thereafter, applies wi thin the municipal limits of Oelray Beach. (2) Applicability: To land contained within Wellfield Protection Zones 1, 2, ari~ 3, and 4 as depicted upon the ,~t~t~ Eal!~ ~~e Ma~ II! tHe e16~~teKeri~Ite 'lari Well field Protection Map Series as maintained by the Palm Beach County Department of Environmental Resources Management and upon which any of the following uses or activities are proposed: (a) Application for a building permit for nonresidential activity; (b) Application for a building permit for residential development of twenty-five (25) or more units; (c) Application for a nonresidential development subject to site plan review or conditional use review and approval. (3) ProceS8: (a) Development Applications: When the above activities occur, the City shall require the applicant to file an "Affidavit of Notification" signed by the County Department of Environmental Resources Management as a part of submission materials. When site plan or conditional approval is required, T!he staff report provided to the approving body shall contain information as to the potential existence of regulated substances and the manner in which compliance wi th applicable provisions of the Ordinance will be achieved. (b) Occupational Licenses: Prior to issuance of a new occupational license, certification from the Department of Environmental Resources Management as to conformance of the use to applicable requirements of the Wellfield Protection Ordinance, must be provided to the City. (4 ) Additional Restrictions: In addition to the provisions of the Countywide Wellfield Protection Ordinance, the followinq special requlations apply within the City of Delray Beach. m The installation of any private well within Zones l, 2, and 3 , as depicted on Palm Beach County's Department of Environmental Resources Manaqement Wellfield Protection Map, for the City's Series 20 Wellfield is prohibited. ill The replacement, reconditioninq, or extension of the depth of any private well within Zones 1, 2, and 3, as depicted on Palm Beach County's Department of Environmental Resources Manaqement Wellfield Protection Map, for the City's Series 20 Wellfield is prohibited. - 2 - '"" . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /ll SUBJECT: AGENDA ITEM # I () t> - MEETING OF JANUARY 26, 1993 DONATION OF PROPERTY TO HABITAT FOR HUMANITY DATE: JANUARY 22, 1993 At the October 27, 1992, City Commission meeting, by virtue of Resolution No. 119-92, staff was authorized to proceed with the purchase of two parcels of land located on S.W. 7th Avenue for the ultimate purpose of providing affordable housing through our contract with Habitat for Humanity. The City finalized the acquisition of the parcels last month; hence, this item is now before the Commission for formal approval of the donation of the properties to Habitat for Humanity. In accordance with the provisions of Section 36.35 of the City's Code, the requisite notices have been published and a public hearing has been scheduled for January 26, 1993. Recommend approval of the donation of two parcels of land to Habitat for Humanity. ~ 5-0 ., CITY DF DELHAY BEA[H ::TY j\TTOR:JEY'S OFFICE ' " ,I :\ ., ~, . ~: : ::,'1 fsL.\C 11, FLOjOD,\ _n~.j-l ; ::[ L.:~!- ~ ~,:-:- :'~.~ Wr~~_r.. D~r_a~ ~~n_ (407) 243-7090 MEMORANDUM Date: January 13, 1992 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Donation of Property to Habitat for Humanity The item is before you in order to approve the donation of the following properties to Habitat for Humanity of Boca/Delray: PARCEL 1: The East 131.31 feet of West 156.31 feet of North 50 feet of Block 16, the original Town of Linton, now known as Delray Beach, according to the Plat thereof recorded in Plat Book 1, Page 3. PARCEL 2 : The East 131.35 feet of West 156.35 feet of South 50 feet of North 100 feet of Block 16, the original Town of Linton, now known as Delray Beach, according to the Plat thereof recorded in Plat Book 1, Page 3. The' City acquired the parcels from Lois Martin last month. Approval of this transfer will allow Habitat to continue their program of providing housing in Delray Beach. If you have any questions, please call. DNT:sh cc: David Harden, City Manager Lula Butler, Director of Community Improvement Cheryl Leverett, Agenda Coordinator habitat7.dnt " . . PUBLIC AND CITY COMMISSION COMMENTS FROM JANUARY 26, 1993: Public Comments: (1) Mr. William F. Andrews, who referenced an article in the January 26, 1993, edition of the Sun-Sentinel entitled, "Rail Set To Grow At Ports", a copy of which is attached. Mr. Andrews noted that the article refers to Miami and Fort Lauderdale ports and, at first blush, it is encouraging that business is growing in South Florida, but it also means that all of this expanded freight is earmarked to come down the FEC railway which runs right through Delray. He felt that this would translate into a lot more train traffic which would have a negative impact on living conditions in the city. He expressed concern that DCA had not come to the cities and asked for input and suggested that the State ought to consider looking west to accommodate a new rail line if they want to, but certainly not increase the traffic on the FEC line to the magnitude purported by the article. He stated that he felt this is a serious situation which the Commission ought to look into. (2 ) Ms. Lillian Feldman, who expressed her concern about alleged crack houses in Delray Estates and her belief that, as a result, there are a lot of robberies in her area, not only in the pines of Delray, but all over the Linton Boulevard area. Ms. Feldman asked for a report on what is being done by code enforcement to help this situation. (a-f Ms. Alice Finst, 707 Place Tavant, who presented several ./ items: ~ \ \ . (a) Asked that public comments be made *10 on the agenda instead of #ll so the public can speak before the public hearings. (b) Regarding the historic marker at Mt. Olive Baptist Church, Ms. Finst stated that the site is still unsightly and in need of improvement; the fence is rickety, there is no grass, and the base of the marker needs to be painted. (c) Asked that a mirror be put up in the Chambers so that the public can also see presentations made to the Commission, or some other arrangement, perhaps a camera, which would permit the public to view presentations firsthand. (d) On behalf of the Homeowners League of Chatelaine, Ms. Finst stated that there are three (3) properties in the Chatelaine community which seem to be cycling through the Code Enforcement process; two of them dating back to 1988. The community is looking for some relief. Ms. Finst provided the City Manager with the addresses of the properties and requested any help which can be provided. " . . Public & Commission Comments CC Regular Meeting of 1/26/93 Page Two (4 ) Mr. Richard Dorsey, residing on N.W. 2nd, who asked about J. the barricade on S.W. 9th Avenue; how it came into being and ~. \' . why? He also asked if this is going to be a trend in the Black community or if it is a one-time thing? Briefly, the City Manager responsed that the city is working with the residents in many different neighborhoods to deal with crime and drug problems; this particular street (S.W. 9th Avenue) is probably one of the worst in the city for drug dealing. The barricade was put up under the authority . of Florida Statutes which allows local authorities to put in place experimental or temporary traffic control measures. Staff is meeting with the residents again in two weeks to evaluate the effectiveness of the barricade which has been put up. The present intention of the Police Department is, if conditions warrant it and the people who live there are willing to accept it, then we will try it to see if it is effective. (5 ) Ms. Jean Beer, 945 Tropic Boulevard, who stated that she has 6. been working with the Neighborhood Task Team and one of the ~. things that is not coming before the Commission tonight is ,\ . something along the line of what Mayor Lynch has suggested with respect to publishing the names of "johns". The NTT would like to see the people who are repeat code violators have their names published in the paper. She referred to a situation at a car dealership on Linton Boulevard over this past weekend where there were pennants on every car and a hot-air balloon with a sign on both Saturday and Sunday. Commission Comments: (1) Mr. Ellingsworth: Asked if the City Attorney had had a chance to look into the matter of whether we can use our previous experience and track record with contractors as a criteria for the bidding process? Can this be used as a factor in determining if a bid will even be accepted? The City Attorney replied that we can do that and, he believes, we already do that to a certain extent. (2 ) Mr. Randolph: Stated that he wished to let the Neighborhood Task Team members know that his comments and votes on some of their proposals this evening were nothing personal. He recognized the hard work which has been done by the task team; however, he must represent all the citizens of Delray Beach, especially those in certain areas who are in dire financial straits. That is the reason for his votes; it is nothing personal. '. . Public & Commission Comments CC Regular Meeting of 1/26/93 Page Three (3) Dr. Alperin: Commented that he and Commissioner Ellingsworth had attended the Planning and Zoning Board's public hearing on infrastructure needs last night and was very impressed by the turnout and the interest shown by the citizens. He felt this may be a result of the increased responsiveness and cooperation from staff in recent years, and commended Planning and Zoning for an excellent job. However, in looking at the list of projects compiled as a result of the hearing, the City is facing some real financial challenges to meet the requests and probably alot of stress on staff to try to deliver. (4) Mr. Mouw: No comments (5) Mayor Lynch: (a) Reported that a letter had been written to Dr. Monica Uhlhorn to remind her of the City's position regarding the reuse of Carver School; that it should be a school that is used basically for our community and we didn't want it used as an alternate school location. We are putting that on record once again and also trying to finalize what the School Board's actual plans there are and what the time frame will be. When a reply is received, it will be reported back to the Commission. (b) Inquired as to the status of Lake Ida Road medians and the wall along the north side of the road? The City Manager stated that we have written the owners of the properties where the wall will have to be moved because we need additional right-of-way, although he did not know what the responses have been. Insofar as the County agreeing to redesign the road to accommodate the medians, that is still being worked on. The City Manager will contact Commissioner Lee to see when she plans to bring the matter up to the Board of County Commissioners. (c) Commented that at the town meeting on January 19th, Mr. Charles Ridley (MAD DADS) mentioned that a recommendation of the Drug Task Force was that an advisory group of citizens be formed. Dr. Alperin, a member of the Drug Task Force, advised that the task force did not make that recommendation, but he and Major Lincoln are going to be meeting with the City Manager and the Police Chief to discuss enactment of some of the recommendations which had been made and then bring them back to the Commission. " ~ Public & Commission Comments CC Regular Meeting of 1/26/93 Page Four Mayor Lynch stated he would like to see the city take a stronger position on prostitution, drugs and teenage pregnancy which are issues in the community which need to be addressed. One way of doing it is through an advisory group, but also taking a stronger stand from a Commission standpoint. City Attorney: with respect to the Mayor's request at the last meeting on the prostitution question and publicizing those names . . . Mayor Lynch: ... and drug dealers and buyers ... City Attorney: Publicizing the name of any person who has been arrested for any alleged crime, we contacted West Palm Beach to find out what their City Attorney's office had done with respect to the issue and whether they had looked into the potential liability issue which is our greatest concern; they indicated that they had not looked at the issue at all. While there is no law prohibiting us from publishing names, the concern would be in the case of a false arrest situation you have compounded the damages that you could be faced with. Mr.. Kurtz went on to state that there a number of newspapers throughout the country that have police reporters and sections within their newspapers that they devote to what has been happening with respect to all arrests and, to him, that would be the better situation simply because of the expense involved in us acquiring the ads. There is no absolute restriction on it, but these are the concerns that we see. Mayor Lynch: Once again I'll just through it out for consideration. What I would do first is sit down with the newspapers and see which ones would be willing to work with us. AMH 1/27/93 " . Sun-Sentinel, Tuesday, January 26, 1993 Section D" :~~~. '< RaiI.set Robinson to rE to pow card giant's cl1 . . ". ~.Ia alllflld ".. a.".. p. :, 0';' ..........~ ..~' NEW-YORlt:~.Amerled lbpn. ,I;,. _~~. Co.saidoaMcHMia,tbatJ8II*D.ftob. .' _ msoa m woaJd. remaiD iDdeflldielJ as . chairmaD. nweniDt bia pled.. to step New yards sought a Proposed FEe dOWD af_ 15 years at the top of the Intermodal tennln8l financiallel'9k:el conglomerate. to increase trade. =~:~iMay v~er~==e!~ ~ By CHARLES LUNAN., =:" ~ ~ in, Robinlon in tbat pol&, iD ~ Buam.. wrn. connect tracks to rallyard eat compromJle by a bod IUdi~7:d . on Andrews Avenue. over appoinUnl the blaat-lpOtea Go- The Flonda East Coast Railway is lub to lead a company witll an ima,.. close to buildin, two railyarda that are crafted-w,., OR stat.... at the heart of pIau by Port Ever... lades and the Port of Miami to wiD bi,- n. company aIIo> said. RobiDson ger shares of international trade. would tate over ita Sheanda I..ehnwa The railyards would dramatically Brotben unit with a ute1y pal of spm- reduce the cost of transporting con- DiD.:off the broten.. as . separate tainers to and from Port Ever,lades publicly held company. and the Port of Miami. In perhaps the day's mOlt surprisiq "Optimistically, sometbin, formal move, Howard L. Clark Jr., Shearson'. could be announced in the next 30 former cbairmaa and cbief aecutive, days," said Gene Tonsager, senior vice was demoted to vice chaJrmaa 01 the president of marketing and sales for brokerage. the FEC. "We view growth at the Port -grIIllI'idC)NNE~- Clark's father is a former Americaa of Miami an~ Port Everglades to be Everglade.. earmarked for storage Express cbairmaa wbo opposed Go- very substantial over the nen decade and loadint- o' trailers and shipping lub's asceDlioa. and we want to grow with both ports." containers. Crowley Maritime Corp., The Port of Miami. and Port Eve...... one 01 the nation'. largest shipping The co!DpaDy dlcI not specify how lades are the state's first a..l8COnd.: companies, iD 1991 invested $70 mil. lon, RoblDlOD, 51, would remaiD u Reflect: larg~st container cargo pods and. lion for a sbipping terminal at South- Americaa Express chairman or wbat Express. . among the nation's fas~ port. The proposed yard would ultima- plana it would draft to replace him. of $82 mil But sustaining that growtll_.1P-'-" tely allow steamsbip companies to Golab; 51, will CODtiDae u cbairmaD the fourtl ly requires inexpensive rail'.witll- load rail can at Southport directly and chid aecuUve- of' Amerteaa Ex-' from a~ yy. other states, where the .r ~ 01 onto vesseJa: p~'III"""'" Travel Relatelf. ~ was due Florida's containerized ~ori"" That could prove a big advantage vices antt. wblcllMt baa reviftdliDee en by nate. " . whelttrade resumes with Cuba and in- bein. promoted by RoblnlGD 17 unit Far! The FEC said it Is negoUatiDg with- creases witb Mexico. Both countries montb8 a.. ' million, or H~llywood Inc. to buy lan~ for a n~w use the same gauge rail system as HJa appointmeat as cbief executive cent decU: rallyard that would be contiguous WIth of American Esp..- 1& effecUve Feb Am ria. Southport, the southern PO"1~ of Port SEE fIAJL Y ARDa /80 1. . 25 V. o~ 1'4 ...' ~ / Helicopter Cli: popularity fig] .. .. ' · ur1~ , - " '~-J.'j;,' :1 , -. ,~'~:~;'-~:_~~~~~~~~W7~.,- . - J" ; I .. TU8Id-r.-J_.....q.III~d..~, ~-- ... RAIL YARDS~ .,.; ~ - FROM PAGE 1D The proposed PEe may build Compare Our yard would Low Commission Rates ~o new railyards ultimately allow With Your Broker }it S. Florida ports steamship I P~CE-DOMINICK companies to . ~!I,!I~~C lhe United States, said James load rail cars at 110 E. HA11u1da111ItII 81wd. HIlIuIIUt t)'Brien, director of Port Southport IIPC (305) 458-1188 · 800-lJ99.97'18 ~ ~verglades. . ,"Clearly if there were a large directly onto ~aU terminal in that area, it vessels. 1vould be a real attraction with GUARANTEED DEPOSIT *~ )farehousing around it," said O'Brien. attributable to congestion on ANNUITIES (GDA'S) : Port commissioners are on the east. west roads such as the Pal- The CD :V:erge of hiring a consultant for a metto Expressway. )100,000 study of how to accom- Together the two terminals piodate a new rail terminal. If the would cost the FEC tens of mil- Alternativel ,WI -FEC's negotiations with Holly. lions of dollars,- Tonsager said. ~ Inc. fall through, the port is Such spending could trigger lK'epared to spend $10.2 million millions of dollars in construction 10 develop its own terminal. at Hollywood Inc.'s WorldGate ~9as~ - . O~rien said. project across from the port's ~: Meanwhile, the FEC is talkin. free trade zone. With officials from the Port of Hollywood Inc. has proposed ATe :MIami about building a railyard building 3.8 million square feet of ~Il the railroad's 55-acre Buena warehouse and office space at the WE'll -Vista, site in downtown Miami. 30G-acre site. Hollywood Inc. aI- D Principal & Interac Guaranteed. ?rbe FEC is leaning toward devot- ready holds permits for much of Compounded and Tu Defemd Ing the site - about 2.5 miles the work. including a marina/ho- D Top Companies 0 AM To A trom the port near the intersec- tel complex abutting the Dania 1ion of Miami A venue and 29th Cutoff Canal, said Michael o Montbly Inc::ome 0ptiaaI -Street - to the handling of 20- Swerdlow, president of Holly- o No Fees or Sales CharpI toot containers. wood Inc. GDA'S are becominl exuemely : Port officials and freight for- Still, Swerdlow declined to popular with sophisticated jvarders complain that it can take comment about his negotiations investon for safety, yield, diver- .up to six hours to retrieve con- with the FEC on Monday. sificationand tax deferral. Pleue lainers from the FEC's existing "I don't want to discuss it yet," call for free information p8Ckap. ;Yard in Medley, 13 miles west of he said. "We will see what hap- [<JOj} 341-2393] :the port. Much of th.e delays are pens in the next little while." . ..' 1-800-947-1040 '" .. TAXES . ~~rL<a~ .. .. FROM PAGE 1D bus1nesses, sucb as an investment - .. tat cut, and temporary spending White House floats increases on job-producing pro- Ino Univenity Dr.. Coral Sp"ll3" FL n071 GuarutHd ratd inchade a 1 ,., boll_ idea of energy tax grams to stimulate the economy, 7 ye.. _....il'J' and subject to eho..... 3C officials said. Surrender periodl m8, exc.... ..,."Cft'd to help cut deficit However, the amount of eco- ",w. No. FDIC I.......... Poull'J' ror early 2E ....hdr..,olll IRS lU pftoltift may apply. 1! nomic stimulus may be in the Ra~ by SlIP. Duff II P1w... A.M. Ilooc and Weia 6! TV's Meet the Press a day earlier neighborhood of $10 billion or tpat the Clinton administration less, far below the $60 billion dis- pc was likely to propose increased cussed during the campaign to I!- - - -:'-!I 2C taxes on consumption and that a "jump-start" the economy, they 1C broad-based energy tax was a said. .lncrecIible? 1C leading candidate. In related developments on Cc Monday: : J@True! : .Possible energy taxes that . Robert Reischauer, head of h<<ve been mentioned include a the nonpartisan Congressional ta~ on imported oil and one on Budget Office, said in prepared I 4( consumption of all forms of ener- testimony that federal deficits . ec-U-Term* . , IJ such as oil, natural gas and will double in a decade - to S100,000 . e1en electricity. 4 about $650 billion - unless the 4 : ':Middle-income Americans public accepts higher taxes and . TERM INSURANCE . 5C lkould shoulder the brunt of any trimmer federal programs. He . Compare our guaranteed . lC br.oad-based energy tax because was to give the testimony today annual rates they pay a greater proportion of to the Senate Budget Committee. . M F $100,000 S250,ooo., their incomes for fuel than do the . James Landry, president of America' rich. Congress would likely give the Air Transport Association, .~~ ~~ ~ ~.: M. ~o nnn.poot a. "",o..in"':ll'Pto ""me. , . .. . " . - . , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM /I /tP.A - MEETING OF JANUARY 26, 1993 ORDINANCE /I 5-93 / FLYING OF FLAGS DATE: JANUARY 22, 1993 At the time the agenda was complete the City Attorney's office was in the process of finalizing the proposed ordinance. A copy of Ordinance /I 5-93 will be provided prior to or at the January 26. 1993 City Commission Meeting. f~ 15'1 ~,u; L( Iv / Ur.-~ ( !Ill!-, }fffrfJOaPfI dt '.5SE/)17I7~ ) . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 ]an 26.93 :7:25 p.U9 - . r' :~.,~.~: "~'~'..~~.,~ . \ aTY IF DELAAY BEAtH' - ,,': cln AnORNEY'S OFFICE 200 NW lu AYENue . PELRAY BEACH. FLORIDA 33.". FACStM1LE 401n78.~1SS '""so"...... oa...a. L~n. (407) 243-7090 MlMOJWQ)UM - - Date. January 2', 1993 To: CL~y CODaLaalon ~ Proll. Davld N. Tole.., Aa.istan~ City Attorn. Subject. co.-is.lon M.eting of January 26, 1993 - Ite. 12-A Ordinance No. 5-93, Requlation of PlaQ8 Attached is a new propo.ed ordinance which will regulate the display of banner., wind signs, and flags within the City. The ordinance ia divided into three section. The fir8t aection revi... LDR Section 4.6.7 (c) . 'l'his new language will retain the absolute prohibition on flying banners an4 wind .i9ns. The second section of the ordlnance pertalne to the regulation of the ~play of flaqe. The.e regulation. will limit the number of flage to three flag. on non residential property of 1... than on. acr.. Prop.rty .qual to or greater than on. acre wlll b. able to accommodate one flag per 15,000 sq. ft. This ordinance will not affect flag. flying on re.identially zoned prop.rty. Senice organizations may fly their flag at' the tim.. of th.ir ...tinge. The third .action of the ordinanc~ defines a flag a. a piece of cloth with the ellbl.. of a state, nation, muniCIpality, or organl..tlon. Thi. will limit the typ.. of flag. which may be flown, but thia 11mi tat ion is a reasonable regulation w1thin the City'. power.. DN'!';.h .... Attachment cc: Dav1d Harden, C1ty Manager I 1:;},Jf . '. . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:26 p .10 ORDINANCE NO. 5-'3 AN ORDINANCI OF THB CITY COMMISSION OF THE CITY OF DSLRAY BEACH, FLORIDA AMENDING SECTION 4.6.7 "SIGNS" OF THI LAND DBVELOPMENT REGULATIONS OF THE COOS or ORDINANCES OF THE CITY or DSLRAY BEACH BY REPEALING SUB-SUBSECTION 4.&.7(C)(5) "BANNER SIGNS AND rLAGS If AND BNACTING A NEW sua-SUBSECTION 4.6.7(C)(5), "BANHBRS AND WIND SIGNS" TO PROVIDE FOR THB PRO- HIBITION or BANNER SIGNS AND WIND SIGNS; BY BNACTING A NEW Sua-SUBSECTION 4.6.7(b)(12), "FLAGS M , TO PROVIDE FOR FLYING TWO FLAGS TO ADVERTISB OPBN HOUSES OR APAR'l'MElft'S, FOR FLYING or FLAGS OF SERVICS ORGAKIZATIOHS AT TIMES OF MEETING, AHD TO PROVIDE FOR THE PLYING OF NO MORI THAlf THRBS ( 3) n.AGS OR PROPBRTY LISS THAN aD ACRB AIm QNB FLAG PER 15,000 SQUARI rEET OK PROPIRTY GREATER TIWf ORB ACU, AMlNDIIfG APPENDIX, A, "DBPINITIONS", BY ENACTING A DBJ'INITIOlC FOR THE TBlUI "FLAG"; PROVIDING A RBPBALER CLAUSS, SAVINGS CLAUSB, AND AJf EFFECTIVE DATI. -, WHEREAS, the City of Delrey Beach has invested millions of dollars in ~tallin; and maintaining streetacaping anc! landscaping along the pub c rights-of-way within Oelray Beachl and, WHEREAS, the City of Delray Beach 1s in 'the proce.. of imple- menting ita Decade of Excellence Bond prograa which will provide addi- tional funding of drainage, paving, and beautif1cat1on of righta-of-way within eslray BeaCh, and, WHEREAS, ~h. City Commi..lon of the C1ty of O.lray Beach has I maintained a .tric~ sign code for a number of year., specifically i requlatinq the US. of flag., banners, .~reamer8, anc! balloons, and, WHIREAS, the City Commi.sion Of the City of Delray Beach is desirous of providing saf. traffic areas for pedestrian., bicyclists, and motor vehicle.; and, l WHEREAS, the City Commi.sion of the C1ty of Del ray Beach . I wi.hes to improve the aes~hetics \of coauaereial and residential I propert.ies including the City's rightl-of-way within the city limits; f and, i WHEREAS, the City Commis.ion finds that flags, banners, 1 .treamers, balloona, and other type. of "wind signs", are signa within i the meaning of the City ot Delray Beach Code of Ordinances; and, j WHEREAS, the use of banners, streamers, other types of "wind 1 signs", and balloona as signa is illeqal in Delray Beach and damages the I ! '. . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26.93 17:27 P.ll ae.thetic qual1ty of our re.idential and commercial zoned nei9hborho~d.; anel, WHBREAS, the City Commis.ion find. that the proliferation of flag. on co.ercial and residential properti.. dUlag.. the a..thetic quality of our re.idential and commercially zoned neighborhoods; and WHIREAS, the City Commission of the City of Oelray Beach believe. that improving the ae.thetics of Delray Beach'. residential and cOIDercial neighborhood. will improve the quality of lite for the cltizen. ot Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THB CI'l'Y OF DBLRAY BBACH, FLORIDA, AS FOLLOWS' sec::tion 1. That Article 4.', "Supple.ental District I Regulation.", Section ".6.7, "Sign.", Subsection 4.6.7 (C), "Prohibited i Sign.", Sub-sublection ...6.7 (C) (5), "Banner signs and Flag." of the Land i Developaent Regulations of the Code of Ordinance. of the City ot Delray I Beach, Florida, 1_ hereby repealed, and a new. Sub-subsection i 4.6.7(C)(5), "Banners and Wind sign_" of the Land Development I Regulation. of the Code of Ordinances of the City of Delray Beach, i. : hereby enacted to read a. followl r .. ; 4.6.7(~5) sannerl and Wind Siona. Ca) Banne~ - A 8ign conallting of character., letters, illustrations or ornamentations attached to cloth, paper, or fabric backing used for the purpose of communicating the pre.enee of a bu.!ne.., the lale of a product, or the location of .. business. For .pecial event., temporary banners may be flown as provided for I ln Sectlon 4.6.7(D)(3)(1). I I (b) Wind Siqna - Signa, con.i.ting of one or more bannerlS, I pennant., ribbOns, splnner., streamers, balloon., or other objects or IIaterlal fastened in such a manner al to move upon being SUbjected to prellure by wind. I Sectlon 2. That Article 4.6, II SupPle.ental 01atr iet ; Regulations", Section 4.6.7, "Signa", Sub.ection 4.5.7(B), "Exempt I' 8 igns " , of the Land Development Regulations of the Code of Ordinances of . the City of Delray Beach, Florida, be, and the same i. amended by ~ enacting a new Sub-subsection 4.6.7(8)(12), "Flaga", to read a. follows: I 4.6.7(8)(12) F14Qa. (a) Flag8 may be displayed on any residential or non-residential parcel of land 1n accordance with the followingDrule.: I I . CITY ~TTORNEY'S OFFICE TEL No, 407 278 4755 Jan 26,93 17:27 P,12 1. No more than three (3) flags may be placed upon any parcel or development le.. than one acre in size which'is zoned and used for non-residential purpo.... Z. For parce~~ or development. equal to or greater than one acre in area, no more than one flag per 15,000 square t.et of lot area shall be allowed. (b) Two (Z) flags may be flown at a time when model home. or model apartments are open for inspection. (c) Plag. of .ervice or civil club. may be displayed at re.pective meeting .it.. during meeting hour.. section i. That Appendix A, lIDefinitions", of the Land Development Regulat on. of the Code of Ordinance. of the City of Oelray I Beach, rlo~ida, be, an4 the .... il hereby amended to read aa follow.: I Flag - A piece of cloth, varying in design, usually attached at one I 'edge to a staff or cord, and u.ed a. the aymbol of a nation, state, I municipality or organization. I . i Section 4. That all ordinance. or parts of ordinance. which i are 1n conflict herewith are hereby repealed. I --... : Section 5. That Ihould any section, or prOVision Of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court. of competentjurisdictlon to be invalid, such decision .hall not affect the validity of the r.mainder hereof as a whole or part thereof other than the part declared to be invalid. Sect10n 6. That this ordinance shall become effectlve 1mmed1- , ately upon it. pa.sage on .econd and final reading; provided, however i that the City'. formal enforcement measures shall not begin for a period 1 ot .1x~y (60) d.y.. PASSED AIR) ADOPTED in reqular session on second and final reading on th1. the day of , 1993. MAYOR I ATTEST; City Clerk First. Reading Second Reading '. . ''1</ C, " 7t /?../ , C I T Y COM MIS S ION DOC U MEN TAT ION TO: c: T. lIARDEN, CITY MANAGER \ ~J 44u~ FROM: DA ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 ORDINANCE AMENDING REGULATIONS PERTAINING TO THE FLYING OF FLAGS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an ordinance which amends the LDRs on first reading. The ordinance modifies Sections 4.6.7(C)(5) and 4.6.7(B)(12) and adds a definition for the Official Flag of the United States. BACKGROUND: This item was before the City Commission on two previous occasions. The last was on January 12th at which time, it was referred for revisions. Revisions have been made taking into account public testimony and the previous recommendations of the Planning and Zoning Board. The changes contemplated in this proposed ordinance include: * deletion of material pertaining to national flags from existing provisions of the "Banner Signs and Flags" regulations; * addition of national, state, and municipal flags to the list of items exempted from the sign regulations along with rules under which such flags are to be flown. By identifying national, state, and local flags as being exempt, they do not require permits and, thus, no fees apply except for those associated with the construction of a flag pole (when one is constructed). ,. City Commission Documentation Ordinance Amending Regulations Pertaining to the Flying of Flags Page 2 In order to provide some regulation so that abuse does not occur, the guidelines for the flying of the Official Flag of the United States are incorporated as rules to be observed. In order to identify the line between proper display and display for commercial purposes, the number of three flags per parcel is established. The three flags can all be of the same kind. Also, for parcels larger than one acre, the number of flags may be increased at the rate of one per 15,000 sq. ft. of additional development (parcel) area. For comments and analysis please refer to the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally reviewed this latest draft at its meeting of Monday, January 25th. Their comments and recommendations will be reported at the City Commission meeting. RECOMMENDED ACTION: By motion, approval of the proposed ordinance on first reading and the setting of a public hearing date. Attachment: * P&Z Staff Report & Documentation of January 25th * Ordinance by others DJK/CCFLAGS.DOC . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 25, 1993 AGENDA ITEM: LOR TEXT AMENDMENT RE BANNER SIGNS AND FLAGS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance include: * deletion of material pertaining to national flags from existing provisions of the "Banner Signs and Flags" regulations; * addition of national, state, and municipal flags to the list of items exempted from the sign regulations , along with rules under which such flags are to be flown. BACKGROUND: This item was taken before the City Commission, in the form of proposed Ordinance No. 67-92, for first reading on December 8, 1992. After considerable discussion, the initial ordinance was set for public hearing. In the meantime, the Planning and Zoning Board reviewed the proposal and recommended that it not be adopted in its proposed form. During the scheduled public hearing before the City Commission (January 12th), the item was remanded for redrafting. Given the opportunity to redraft the item, staff considered the public testimony and the previous recommendation of the Board. The result is an ordinance which retains the prohibition on banners and flags in general; but, which allows national, state, and local flags through an automatic exemption. As an exempted item, there is not the need to acquire a permit, nor to pay a permit fee. Please refer to your background material of January 11th for previous information. TEXT CHANGES: DELETION of a portion of existing Section 4.6.7(C)(5): 4.6.7(C) Prohibited Signs: The following signs, or sign features, are prohibited within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited signs or ~>>e use prohibited sign features. \IT. l. ,. P&Z Board Memorandum Staff Report LDR Text Amendment Re Banner Signs & Flags Page 2 (5) Banner Signs and Flags: B.Urli aA sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric or any kind with only the material for a backing including any animated or fluttering device designed to attract attention; except for two flag banners per residential development at times the model home or model apartments l~ are open for inspection; r/Jt etrtept tKe tltlrli r/Jt rlr/J ~r/Jte tKarl tKtee (31 tlai~1 r/Jt ~KlrtK r/Jrle ~~~t ~e rAltteterlt ttr/J~ tKe r/JtKet t~r/JI arlrA ~~rtK tlai~ ~at r/Jrllt rtr/Jrl~l~t r/Jt tKe ~rllterA State~ tlail a tlai r/Jt arlr/JtKet rlatlr/Jrll a ~rllterA State~ State'~ tlail r/Jt a ~~rllrtlpal tlail or except for the flags of service and civic clubs when displayed at respective meeting sites during meeting hours; and provided that flag banners shall be limited to an area of fifteen square feet per flag except for temporary banners flown in conjunction with Special Events as provided for in Section 4.6.7(D)(3)(l). ADDITION OF A NEW SUBSECTION 4.6.7(8)(12) (B) Exempt Signs: The following signs are exempt from the provisions of this Section, are allowed to be erected in the City of Delray Beach, and do not require a permit: (12) Official flags of any City, State, or Nation when flown pursuant to the United States Code, Title 36, Sections 173 to 176, inclusive, and under the following circumstances: (a) at public buildings, or ( b) at locations where official governmental businesses are located, or (c) upon residentially zoned land which is used for residential purposes, or (d) upon land which is zoned and used for non-residential purposes but with the following restrictions - upon a development which is less than - one acre in size, no more than three such flags, or combinations of flags, shall be allowed; - upon a development which is greater - than one acre in size, such flags may be flown in a display consisting of multiple flags not exceeding an intensity of greater than one flag per 15,000 sg.ft. of lot area. ADD DEFINITION: OFFICIAL FLAG OF THE UNITED STATES: A flag of the design and dimensions as set forth in Part I of Executive Order No. 10834. . P&Z Board Memorandum Staff Report LDR Text Amendment Re Banner Signs & Flags Page 3 ANALYSIS: This approach is in keeping with the Board's recommendation that the exemption language be located in Section (B) which deals with Exempt Signs. Also, by keeping 4.6.7(C)(5) we do not remove or affect our existing prohibition of general banners and flag-type signing. By identifying national, state, and local flags as being exempt, they do not require permits and, thus, no fees apply except for those associated with the construction of a flag pole (when one is constructed). In order to provide some regulation so that abuse does not occur, the guidelines for the flying of the Official Flag of the United States are incorporated as rules to be observed. In order to identify the line between proper display and display for commercial purposes, the number of three flags per parcel is established. The three flags can all be of the same kind. Also, for parcels larger than one acre, the number of flags may be increased at the rate of one per 15,000 sq. ft. of additional development (parcel) area. A previously recommended provision for eliminating the number limitation for the Independence Day weekend has not been retained. RECOMMENDED ACTION: By motion, forward the proposed modifications, as presented in this staff report, to the City Commission with a recommendation of approval. Attachments: * Excerpts from the United States Code, Title 36, Sections 173-176 and Exe ve Order No. 10834 , Report prepared by: '~ DJK/PZFLAGS.DOC " SUGGESTION AS TO PROCEEDING WITH MODIFICATION OF THE SIGN CODE RE BANNERS. WIND SIGNS. FLAGS. ETC Change the existing text as shown below. Add a provision which exempts City, State, and National Flags. Add definition for Official Flag of the United States. (5) Banner Signs and Flags: Belri; A ~ sign having the characters, letters, illustration, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing including any animated or fluttering device designed to attract attention; except for two flag banners per residential development at times the model home or model apartments is open for inspection; ~t extept t~e tlytri; ~t ri~t ~~te t~Ari t~tee /31 tza"$1 ~t .,q~lt~ lDrie ~14$t l6e tAltteterit tt~~ t~e ~t~et t.,q~1 alitA s~t~ tla;$ ~at lDrily t~ri$tst ~t t~e ~rilterA State$ tla;1 a tla; ~t ari~t~et riat/..~riI a ~rilterA Stite. state!. Ha", ~t a ~14riltlpAI flat' or except for the flags of service and civic clubs when displayed at respective meeting sites during meeting hours; and provided that flag banners shall be limited to an area of fifteen square feet per flag except for temporary banners flown in conjunction with Special Events as provided for in Section 4.6.7(D}(3)(1). (B) Exempt Signs: The following signs are exempt from the provisions of this Section, are allowed to be erected in the city of Delray Beach, and do not require a permit: (12) Official flags of any City, State, or Nation. when flown pursuant to the United States Code, Title 36, Sections 173 to 176, inclusive, and under the following circumstances: (a) at public buildings, or (b) at locations where official governmental business are located, or (c) upon residentially zoned land which is used for residential purposes, or (d) upon land which is zoned and used for non-residential purposes but with the following restrictions .:. upon a development which is less than one acre in size, no more than three such flags, or combinations of flags, shall be allowed; .:. upon a development which is greater than one acre in size, such flags may be flown in a display consisting of multiple flags not exceeding an intensity of greater than one flag per 15,000 sq. ft. of lot area. ADD DEFINITION: OFFICIAL FLAG OF THE UNITED STATES: A flag of the design and dimensions as set forth in Part I of Executive Order No. 10834. DJK/FLAGS3.00C . ... . ' . ,'.' . . . ' . . .... ". ",.~ '" . :".' . , . . ~ '.:.:,:' '.:. ,....... , '... . ':f;H" 'C," .'~\ ,. . _:.:', .... F'. .1. ,..- .',..' -"',: r . ~r- ....,;:!< . ' A t.:~...' '..~.. . a.."t:Io.t \t~~'il' -,.~). .:.....(;':-:~: .... .'. ',. " ,... ''1 ,.4 ".....0 .' .. t'" ., tt -7... ........' 1:". At' '" '. -. ;.~:.:"::?;,':/,:..:c~,.'.l' ' agO .~. g e lone e"'~ ..:;';~" .:..'~F~~' ,:;;::::::. ,~.:....~:' . . -'1. ~ . . .'. . ',:;j::' ." ..... .\ ,. .. " "_' .f.. ... .... ./ ';'.:"., ,,: J . . ." , .'. , ,...... H'.' . '" . . . , ,;:::,.... . '.' '.....'. .L. ,..... p atriousm and commel'C1~ . ~~" .. is;:::::;'.,'?' /\::>J . . are not t/Je same thlng. ~ Delray stloU1d stand by ~ . '.\:;0.':'. -:' ,'.,-""..,.... '" r\ .Beach needS a nag...sma- .' " . ... ..'- -, · · "",' " . :":.;-:'r,,:.:'L:,,:.,::,Y'l that makes the dIstiJIcIIoD. " Its ordinance to ban ';;, \ '. '..'.'...:..i .., ,..'., .j;...;:,...., ....', ,,',~ Th _IMU ...11_..-.. all- ,.' ." , : ",1,-....., .' '.. ,......:.....' ... '. .'. .' e e~ ng Ol"~---" u.... a . . I use of . ". '. .~..~.',. . .".' ':::;?;):~... ,'r;': ,:.' .'..:' i business to fly three na- DO two of crass commerCia "., . , : ., ;.-:~:'.:';' '...' ,.' .,"""" ,.. .J ~...,,, ..... ..' ~::'~::;,~.,.;.,..:..._ ::......:;....~ I which may be alike.' In other words. the' 'Am' en'c. a'n flag '~..~ ' , .. ....,~.:..:.... " . ., .,," . . . ,," . . ',. ' . ' '. i "::'i ,/0.'... ..'.' > I only one u.s. nag Is alloWed. U\lgaUoa. '. ^ " ." . ' " '. i ..:,-;;;.... ;.."...<.:... '. . .:;'" growlllg out 01 city action agalnsl John', ,,, ..., . I ~ '.' . :. :;. :.: "c>:';'. ,c.....' . Prescott's service staUon led to . reo lowed""'" nap OD t/Je lint acre of '. ;: .: ::i ,. ,.. . '.. ' .' ., .' .,.' _1ft" . f th I A _....1-.1.... --..I __I f,...1 I ' .,., . .:..'/'.i......:".; :' ',. ...,~Uon 0 . e aw, r-..o:u-; propertJ' ..... one addlU- nag or: i' · .',):<:;>'. ". . .~,; :;,'.:; ');; '.' : :. .; concern, according to p~ D\r<!O-' ~ addi\iOlJaI15.OOO 1'1..... leet (a :. I .., ': :'5n;,.": . .:' .;., '.;''':." :".,',. ,...,..y:., tor David Kovacs. was I!>" requiiemeDl btt more - _lhitd of an acre), All · I . i'''''';;:::'' ,'.' .' '. ::..:._...;,.~.....,:._.:.{,:.:.:.;':'. that no two flags be alike. , "-,.'r,' o(theOags~"dbeU.s flags-or '. ,. .. ~.,.....;.." ., . " . ". ," ..,' ..' ....... .. ,'''' . :<>i;':' .,' :,.//:.! . Last Tuesday. the City ComJi>issioD any olber: "We're making It more: . .... <'.". ".' ". ......::' '. \.,., .'.'. c... .,.; 'got its lirst look at the proposed permissive." Mr. Kovacs said. :: ,', ...< .- ,.:....<..-.:;'.~...:.:;.",:~::t\ 'ChaOges.FromthereacUon,ltsoUoded Some people ---D't be sa6IMfled.; . . -:',~..~.. ' ".... .., . . ." -." ... ,>.: ....~.~)': :::,- '.i. as if the city w~ted to ba~ t/Je Amen- "Wboeares - many nags som~body ..' . .. ..,.... . ,.'.< c.", b~ can nag. Some lD the .~ :waved wants to Oy?" asked l\aIT1 suver, .. " .:....: , ';.,,:.:;"':;: .'. ;,. ,1 nags. OtherS yelled at CO\1lIDlSSlO...... . a_ for Mr" PteSCOlL "No one . ;J".":':'" '.':, , "',:'.' Ooe said. "It.. gonoa kill me \bal should be penal'''''' for Iheir palrlo- '. .' ", ..' <,'.....") someone" going to bave to pay to put \isIO." Mr. PrescOtl originallY ran": '.. . :'.'.': '., .. up t/Je nag," afoul. of the city for dlsplaylog five U.s. . ". "., ,,'. '. ,...... c' c.... . ., . No one should bave to pay to put up nags plus red. wbile liod blue buDtID& ' ." . . ,'.'..': ,,' :'" ::. ..:,: ':'.' . the nag. The porUon 01 t/Je new law at bIs West A\laDUC Avenue staUoa . : ," ,... ;.... . :,',:::'::'.:.. '. ",',' . setUng a ,to fee for nylng a nag between MemortaI Day and lodepen-. 'i ::.". :. .;:, ,': : '.: ': ". :'. , . larger. tban 3 square feet sbouId aDd deace Day.' .' . . .: .'< '. .;.;?: <,".C.'. '..;-: probll~ly.wiIl ~ re~ before t/Je . Poop\e wbo oya pleU>ora of U.S: ." .: i.. ::0.' .. . :: '.. .. ,:',". .~. . '.; I . eollUlllSS'?n ag~lD COOSl~~ the pro- nags - or one nag t/Je size of Rhode .... . ,... :.:' .:i." '.' ",. posed ordioaoce Jan, %6. I m sure that IsIaDd lor \bat matler - are nol .... . ........ ," .... , the American nag will not bave a.fee ~Ung tove of country. They. ':': ." c' .' . '..." ........ .'..., associated with il," Mr. KovaCS sa1<l are uyin& to draW altention to their ....;:- . / ::' ..., ....' :'.' . . .' , . . Aside from \bal, _ever, the new _ Thal..commerci.);..... not "..:. . ' . .. .... ". ,,"'.' :.::- law is a distinct Improvemea' over the palrlolisDL The cily bas both the rlgbt , .......' i . '. i: :" c. .,.' . old one. Lost amid the lumull was the iIod \be duly to Impose .........ble. '. .. 'i.' . .. ,.... :. .'. fact that the ne...1aw Is \ess slrlet lbaD resIr\CliODSo just as II would with any '. i''''; .<,. ... the old one. SusineSSOS would be at" . other form of advertislDll- '. . ::..\.,::/,.:.,\ -~'lYt 1560-\ ~ "~2~\~~" ..,.,:..' .... ". ., .... ' \ /c.;: ." .:'., : ..... ..' ," . \ CHAPTER I-THE FLAG See. 1. Flag; stripes and stars on. 2. Same; additional stars. 3. Use of flag for advertising purposes; mutilation of flag. , 9 1. Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate. red and white; and the union of the flag shall be forty-eight stars, white in a blue field. (July 30, 1947, c. 389. 61 Stat. 642.) EXECUTIVE ORDER NO. 10798 Ex.Ont. No. 10798, Jan. 5, 1959, 24 F.R. tion 33 of Ex.Ont. No. 10834, set out as a 79, which prescribed proportions and sizes of note under this section. flags until July 4. 1960. was revoked by sec- J EXECUTIVE ORDER NO. 10834 Aug. 21, 1959, 24 F.R. 6865 j PROPORTIONS AND SIZES OF FLAGS AND POSITION OF STARS WHEREAS the State of Hawaii his this ings. Property. and Worksl, it is hereby or- day been admitted into the union; and dered as follows: WHEREAS section 2 of title 4 of the United States Code [section 2 of this title} PAIlT I-DESIGN OF THE FLAG provides as follows: "On the admission of a Secdoa 1. Tbe f\aa of the United States new State into the Union one star shall be added to the union of the na,; and suclt shall have thirleen horizontal stripes. a1ter- addition shall take effect on the fourth day of nate red and white, and a union consisting of July then next succeeding such admission."; white stan on a field of blue. and See. 2. Tbe positions of the stan in the WHEREAS the Federal Property and Ad- union of the f1aa and in the union jack shall ministratiye Services Act of 1949 (63 Stat. be as indicated on the attachment to this 377), as amended [see Short Tide note under order. which is hereby made a part of this section 471 of Title 40, Public Buildings. order. ............,........."'-.-...... Property. and Works]. authorizes the Presi- See. J. The dimensions of the constituent _.~~ ... ..A _....._....... dent to prescribe policies and directives goy- pacts of the f\aa shall conform to the propor- eming the procurement and directives gOY- tions set forth in the attachment referred to in eming the procurement and utilization of section 2 of this order. property by executive agencies; and WHEREAS the interests of the Govem- PART II-REGULATIONS GOVERN- ment require that orderly and reasonable pro- ING EXECUTIVE AGENCIES vision be made for various matters pertaining Sec. 21. The following sizes of flags are to the flag and that appropriate regulations governing the procurement and utilization of authorized for executive agencies: national flags and union jacks by executive agencies be prescribed: Dimensions oll1q NOW. THEREFORE. by virtue of the au- thority vested in me as President of the Unit- Hoist Fly ed States and as Commander in Chief of the Size (width) (\en ) anneel forces of the United Stales, and the FHt FHI Federal Propeny and Administrative Services (I) ,......,..,... 20.00 38.00 Act of 1949, as amended [see Shon Title nole (2) .............. 10.00 19,00 under section 471 of Title 40, Public Build- (3) ,......,...... 8.95 17,00 1111 ~ . 4 ~ 1 FLAG AND SEAL. ETC. Cb. I r. ~. Dimensions or na, (II) So far as practicable, (1) the ac:tions 0( .. the Secretary of Defense under the provisions Hoist fly or section 24(a) or this order, as they relate to >> Size (width) (length) the various organizational elements of the? ~ F<<I Feet Department of Dd'ense. shall be COOrdinated,'" (4) ................ 7.00 11.00 and (2) the Secretary and the Administrator (5) ................ 5.00 9.50 shall mutually COOt"dinate tbelr actions WIder (6) ................ 4.33 5.50 that section. (7) ................ 3.50 6.6S (8) ........ . . . . . . . . 3.00 4.00 Sec. %5. Subject to such limited excep. (9) ................ 3.00 5.70 tions as the Secretary of Defense in respect of (10) ............... 2.37 4.50 (11) ..... . . . . . . . . . . 1.32 2.50 the Department of Defense, and the Adminis- trator of General Services in respect of execu- Sec. 22. Flap manufactured or pur- tive agencies other lhan the Department of chased for the use of executive agencies: Defense, may approve, all national nap and union jacks now in the possession of executive (a) Shall conform to the provisions of Part agencies, or hereafter acquired by executive I of this order, except as may be otherwise agencies under contraclS awarded prior to the authorized pursuant to the provisions of sec. date of this order, including those so pas.. tion 24, or except as otherwise authorized by sessed or so acquired by the General Services the provisions of section 21. of this order. Administration for distribution to other agen- (II) Shall conform to the provisions of sec- cies, shall be utilized until unserviceable. tion 21 of this order. except as may be other. wise authorized pursuant to the provisions of PART III-OENERAL PROVISIONS section 24 of this order. See. 13. The exterior dimensions of each Sec. 31. The nag prescribed by Executive union jack manufactured or purchased for Order No. 10798 of January 3, 1959. shall be .~.. executive asencies shall equal the respective the official nag of the United States until July .~ exterior dimensions of the union of a flag of a 4, 1960, and on that date the flag prescribed ,. " size authorized by or pursuant to this order. by Part 1 of this order shall become the ' ., The size of the union jack flown with the official nag of the United States; but this national flag shall be the same as the size of section shall neither derogate from section 24 : ~ - the union of that national f1aa. or section 25 of this order nor preclude the '. ~ See.. U. (a) The Secretary of Defense in procurement. for executive agencies, of l1ag:s . .. respect of procurement for the Department of provided for by or pursuant to this order at ~. any time after the date of this order. .... Defense (including military colors) and the ;':. Administrator of General Services in respect Sec. 31- As used in this order, the term ~. of proc:uranent for executive agencies other "executive agencies:' means the executive de-- "" than the Department of Defense may. (or partments and independent establishments in f,. cause which the Secretary or the Administra- tbe executive branch o( the G~rnment, in- ,! tor, as the case may be, deems suftlcient, eluding whollY-<lwned GovernmetiiCorpora~ ~, make necessary minor adjustments in one or tions. more o( the dimensions or proportionate di- ". mensions prescribed by this order, or autho- See. 33. Executive Order No. 10798 of .~ rize proportions or sizes other than those January 3, 1959, is hereby revoked. prescribed by section 3 or section 21 of this DWIGHT D. EISEN HOWEll order. 1112 -......c.. -" -, .".,.. (]I. 1 THE flAG 4 ~ 1 Note 1 .'. S'.lll'Yd 1wflJI n ClIff QI1lAltI. ~ : · r t i~~, ., .. :: IC~ p~~ ~ - ~ l j 'II i $ \) ~ ~ 0 ~ ' , 0 t ~ lq ~ ~ ~ Cl ~ "'I -- :;~~ i!lil'..: , '0.' . ~ It'. ~... .", . .. . . II' Library References United States *'"5'12. c.J.S. F1ap f 2. C.J.S. United States f 8. Notes of Decisions I. Dflcredoa of Presideat by statute, but within the discretion of the Placin. of frin.e on the national flag. the President as commander-in-<:hief of the anny dimensiol1l of the fla.. and arranl.ement of and navy. 1925. 34 Op.Atty.Gen. 483. the stan are matters of detail not controlled 1113 . . 36 ~ 172 PATRIOTIC SOCIETIES. ETC. Ch. JO i Ch. 10 PATRIOTIC 4 Not. 1 r Bolling v. Sll~rior Court for CI.llblll laghan, I C,711, \lJ N.Y,~ Counly. J943. JJ3 P.2d 803. 16 Wash.2d Mise.2d 157. 373. . This $Celion and <,('clio t < this title codifying c:\:isting f !oms for display and u<,(' (l ~ 173. Display and use of flag by civilians; codification of lans does nol dC'pri\'c th!" rules and customs; definition . . ~ 174. The following codification of existing rules and customs pcrt:lin- TIme and [ ing to the display and use of the flag of the United States of America I is established for the use of such civilians or civilian groups or (a) Displays on building I organizations as may not be required to conform with regulations It is the uni\'crs:l1 c' " I, promulgated by one or more executive departments of the Govern- I sunset on buildings :II i ment of the United States. The flag of the l1nited States for 'the I ever, when a patrioti( j purpose of this chapter shall be defincd according to sections] and ~ twenty-four hours a d; I 2 of Title 4 and Executive Order lOS3~ issued pursuant thereto. I: darkness. t (June 22, 1942. c. 435, ~ I. 56 51411.377; Dec. 22. ]942, c. ~06, ~ 1. 56 SIal. I 1074; July 7, 1976, Pub.L 94-344, ~ 1(1). 90 SIal. 810.) (b) Manner of hoisting f HISTORICAL A.~D STATl-rORY ~OTES ~ The flag should be I' Revision Notes and Legi81ath'e Rep<lrt. 2.$ F.R. i9, "hich is !oC1 oul as 3 nOle t (C) Inclement weather I, 1976 Act. Senate Rep<lrt No. 94-797. under ~1:tion 1 of Tille 4, Flag and Seal. f I I see 1976 U.S.Code Congo and Adm.~ews. Seat of Go\ernmenl, and the States. f The flag should nOI I: p. ISIS. .lunendment. References In Teltt t 9i6 .lunendmenL Pub.I- 94-344 add- i inclement, except whe Ii. This chapler, rderred 10 in le:l:t. prob3' cd pro\ isions defining "na~ of the Unit. (d) Particular day. of dh bly means chapter 435 of Act June 22. cd Slates. for purpo!oC."S 01 this (harler 1942, 56 Stat. 380, which comprises 5<<- 3ccording to s.ections 1 and 2 of Title 4 The flag should be d r tions 171 to 178 of this title. and E.'ecllti\ e Order 10534. Executive Order 10834, referred to in 19-42 AmendmenL Act Dec. 22, 1942. Day, January 1; Inaug i text, is Ex. Ord. No. 10834. Aug. 21. 1959. re<:naC1ed section without change. February 12; Washin I CROSS RE.FERE.~CES Easter Sunday (varial ! Modification of rules and customs by President. ~ 36 esc A ~ 1 itt Armed Forces Day, tl staff until noon), the WESTLAW ELECTROSIC RESEARCH Independence Day, Ju' See WESTLAW guide following the E.'p!anation pages of this volume. Constitution Day, Seplt October; Navy Day, NOTES OF DECISIOSS Thanksgiving Day, fou Generally 2 ~ri,t:on bUI are an e"'rrC"~\jon of cus. December 25; :lnd SU( Purpose 1 tom and lJ!03ge \\hich is desi~nC"d for. President of the Unitt State and local regulatJoru 3 and s~o~ld be used b\" ci\.ilian authori. lies. including ~hooJ .dislric"ls. upolla admission); and on SI I. Purpole \. DuJl:lghan. 19;0, 311 N.'l.S.2d US. 63 Federal flag code is not intended to Mi~.2d IS7. (e) Display on or near ac proscribe behavior but is fashioned as 3. Stale and local re-gul.tlonl The flag should be d expression of pre\.alent custom and Flag regulations of Slale- Commission tration building of C\.c usage regarding display of American flag. Lapolla v. Dullaghan. 1970. 311 of Edt;C3tion determining material and N.Y.S.2d 435, 63 Misc.2d 157. siu of flag, manner and place of display, (f) Display In or near pol caIe of nag and plr-dge 10 tht' flag are 2. Generally constil-.:lionaJ and do not contra\'ene ei. The flag should be ( Federal flag code pro\;sions are not to ther l"oiled Slates Conslitution or New be accorded full weight of St3tutOr)' pro- York Slate Constitulion. Lapolla v. DuJ. election days. 176 .nEs; ETC eh. 10 Ch. 10 PATRIOTIC Ct:STO~iS 36 ~ 174 (aghan, 1970. J II N.Y.s.2d ~J~. ('oJ J'O\\cr 10 rq:\Jlalc Ihe- (UnduCl of ,ili/l."115 Misc.2d 157. of the Slate toward the Llnited Slale<, n:\g This section and seclion 1 70S-I is of "hen such conduct is likd~' 10 produce a this title codifying e~isting l'lJ1~ -and cuso breach of I~e peace within their horder... toms for display and use of nag b~' ci'oil. People \'. \.on Ro!oen. 19511. 147 N.E.2d IS; codlftcatlon of ians does not deprive the SI.3I~ of I~C 327. J3 JII.2d M. ~ ~ 174. d customs pertain- . Tlme and occ.asions for dJspla~- j Stat~s of America ' . (a) Displays on buildIngs and stationary flagstaffs In open; night display civilian groups or ,! "t1 with regulations . It is the universal custom to display the nag only from sunrise to 'nts of the Govern- sunset on buildings and on stationary flagstaffs in the open. llo\\'- ited States for the ever, when a patriotic effect is desired, the flag may be displayed g to sections 1 and twenty.four hours a day if properly illuminated during the hours of pursuant thereto. darkness. . c. 806, ~ 1, 56 Stat. (b) Manner of hoistIng ).) JTES The flag should be hoisted briskly and lowered ceremoniously. ~h is set out as a note (c) Inclement weather ;f Title 4, Flag and Seal, lent, and the States. The flag should not be displayed on days when the weather is ,cot. Pub.I.. 94-344 ad~. inclement, except when an all weather nag is displayed. fining "Oag of the Urnt: " (d) Particular days of dIsplay urposes of this chapter lions 1 and 2 of Title 4 The flag should be displayed on all days, especially on New Year's rder 10834. lent. Act Dec. 22, 1942, Day, January 1; Inauguration Day. JanuaT)' 20; Lincoln's Birthday, n without change. February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half. USCA S 178. staff until noon), the last Monday in May; Flag Day, June 14; ReH Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in of this ~olume. October; Navy Day, <Ktober 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, -e an expression of CUI- December 25; and such other days as may be proclaimed by the which is designed fo~, President of the United States; the birthdays of States (date of used by civilian authon- admission); and on State holidays. school districts. Lapolla no, 311 N.Y.S.2d 435, 63 (.) Display on or near admlnlstraUon bulldlog of publiC Institutions ocal regulatloJ1l The flag should be displayed daily on or near the main adminis. -:JnS of State Commission tration building of every public institution. letermining material and nner and place of display, (f) Display In or near polling placea ld pledge to the flag ar~ IOd do not contravene el- The flag should be displayed in or near e,.el)' polling place on ates Constitution or New .stitulion. Lapolla v. Du!- ~ election days. 177 I " - ,~ - - ,. > .... :C; ~ -4' " .. .- 36 ~ 174 PA TRIOTIC SOCIETIES, ETC. Ch. 10 , Ch. 10 PATRIOTIC ( toms pertaillill~ III III,. .11'1' (g) Display In or nenr achoolhouua j the flag of the LJllih:J SIJlc The flag should be displayed during school days in or ncar eycry approved June 22, IQ~: 174(a)) [subscc. (a) of Ihi' schoolhouse. flag of the United 51;1t,., (If (June 22, 1942, c. 4J5. ~ 2, 56 Stat. JiS: Dee 22. 19U, c. 80t', 9 2, 56 Slat. be flown for twenly.fllm ) day on the grounds (If III... 1074; July 7, 1976, Pub.L. 9~344, 9 l( 2 H::), 90 SIal. S 10.) 1 HISTORICAL AXD STATlI0RY XOTES ; . j Revision Notes and Legtslath'e Report.. d:t' ci5play and u~ of tht' n:tg of the 1976 Aet. Senate Report No. 94-797, l'r.it~ SUtes of America', "ppr o\'ed see 1976 U.S.Code Congo and Adm.News, Jur.t' 22. 19~2, 3$ amended l~elli(lm 171 DISPLA \' OF I p. 1515. to li~ of thi$ title). aUlhorit~. i~ hereby CodIrlcatlons co::~eTTed on Ihe Jrrrorri:l1e ,.tlicer of The Washinglon ~ '"1111 tb.' S~.1te "f "Jryland 1(. permit thc ny. Veterans Day was substituted for Ar. ir~ o! t'lC O;lf:: of thc l'I1Jl("d SI;,Il"' lor day and night ;IS AIl1L"ri"J'~ mistice Day, to conform to the rrO\ i. 1\', ,.::!~ .lo!Jr hour.~ "I '.;Kh da~. in Flag " first President. The filly ,\1 sions uf Act June 1. \95-1. c. 250, 65 Stat. Ho::s.c: Square, ,\Jr.emar Ie- and Prall that encircle the base of III 168. See section 6103 of Tille 5, Go\ern. S:rc-::.s.. Baltimore. 'b~ land. represent our fifty 51;11'" ment Organil4ltion and Employees. ~ 5<<. 2.. SubjC"C1 10 the PTO\ i,it>n" of same time, symbolize: om ,. Amendments SCC~iO!l 3 of Ihe joinl rc...(.luli,," "I June eral Union. 1976 Amendment. Subscc. (a). 22.10':2. as ame~dcd (...e,lion 175"llhis As this Nation's 20011 i Pub.L. 94-344, 9 1(2), substituted provi. til!...l. au:horily i~ al<.o conferred 1>11 Ihe proaches. I believe that it ' , sion permiuing display of the nag for 2~ art'ropriale officer of the: Slale "I Ma~', Americans well 10 rcme1l1P hours a day to produce a patriotic effect la:1d 10 JX'rmit the flying c.f a ""rlica of of our first President and if nag is properly illuminalcd during the the f1:!g 01 Ihe l'niled Stales" hie h was enduring ideals of our N:tl j. hours of darkness. for pro\'ision permit. in use during the War 01 I~) 2 Il>r Iwe:n- As an expression of our ting night display of the nag upon spe. t~..four noun of c.,ch day in flag House cial occasions when it is desired to pro- Sq'.!are. Albemarle and Prall SlreCI", Bal. to the ideals of America ;\" ance with the joint resolut duce a patriotic effect. timore. "a~land.. gress of June 22, 1942 (56 ~ Subsec. (c). Pub.L 94-3-1-1. 9 1(3), Le'\.lng1on. Mauaehusetls; D\r;pla~. of amended by the joint resol addcd provision cxcepting display of all flag cember 22. 1942, (56 Slat, , weather nag. P'u:,.L 59-335, SOY. ~, 1065, i9 Stat. section), which permits thc Subscc. (d). Pub.L. 94-3-14. 9 1(-1). 129.$, pro\ided: Iha1. notwilh!-tanding displayed at night "upon s eliminated references to "when the an~' ru!e or custom pc-naining to the sions when it is desired II weather permits" following "displayed display of the nag 01 the l'n:led SIJleS of patriotic effect:' it is apl'r on all days" and "Army Day, April 6" America as set fono in lhC' joinl resulu, our national colors henccf, preceding "Easter Sunday", added refC'r. tion entill~ 'Joinl rt-!oO]ution 10 cudify ence to "Armed Forces Day. third Satur. and e:r."b.size e\;istjn~ rules and cus. day in May", and substituted "third Mon- tems JX'nainir:g to lht' di~play and use of PI day in February" for "February 22", "the the flag of tht' l'nil~ Stales of America', last Monday in May" for "May .30", and appro., ed Ju~e n JO~2 (36 11.S.C. ~' "second Monday in October" for "Ckto- 171-li8) (!o('C1ions 171 10 Ji!l of lhis Ii. DlSPLA Y OF FL\G ,\ T ber lZ". tIel, the flag of the l'nitcd SlalcS of Subsec. (e). Pub.L. 94-.3-1-l, ~ 1(5), America mav be flown for twent\.four The flag of the Unitcu St:lll. hours of e.1::h da~' on Ihe green ~f the struck out ", weather permitting," fol. town of l.c,ir:~on. ~1as~coUSCIIS. The one of the first things sec:n ' lowing "displayed daily", flag fr.ay r.ot be flown pursuant 10 the toms ports of entry, both b. 1942 Amendment. Act 0<<.22, 19H, authoril~' contained in Ihis Act Ilhis citizens returning from abrl substituted "fourth Thursday in No\'em. note I c'.!rir.g the hours from sun~t't to travelers from other COllnlri( ber" for "last Thursday in November." sunrise un!css it is iIluminaled." As the symbol of our Ulltll Flag Houae Square, BaltImore, Mary.. \'alle~ Forie Slate Park. Penn.~hanJa; freedoms. the nalioll;ll nIl United States pro\'ide a Well land; DI.pIIlY of Hag: Time DI.pJa~ of F1BJ ing of warm promise, Act Mar. 26, 195-1. C. 109, 68 Stat. 35, PubL 9.$..53, Julv ~. 19i5, S9 Stat. Many people, however, provided: 259, pro\iccd: "ThaI, nOlwithstanding country at night when Ih(" "That notwithstanding any rule or cus- the rule or C'.:slom penJininF- 10 Ihe dis- flown, bec;lllse of Ihl' I1c;1I1 tom pertaining to the display of lhe nJg play of Ih n:lg of the l!nil{'d SI:llC'S of custom of displaying it olll~ of the United Sl;\tes of America a, !I<: I AmC'T1t::\ lx:\,ecn sunrise and ~un!-el, as rise to sunset. forth in the joint resolution enlitled set fonh in !-Cetlon ~(a) of the joint reso- Authority exists to amend I 'Joint resolution to codify and emphasize IUlion, er.l:l!cd, .Joint re!-Oluticln 10 cadi- A Congressional joint rewllll existing rules and customs penaining to fy and e!":'r~~i2e nisting rules and cus- 178 ~TC. Ch. 10 Cho 10 PATRIOTIC Ct1ST()~1S 36 ~ J 7-4 toms pertaining to the display and U5C or ~o~!.11 Arch in \"allt"~, For!;'t" Stalt" J':Jrk, the flag of the United Statcs of America., \'<!!!c~' Ff)~~t". rt"nm~ h .mia, 1nt" (b~ . near every approved June 22, 19~2 (J~ U.S.c. "03)' r.01 ~ no"n rur~uanl 10 ,ht" :\11- 174(a)) [sub~c. (a) of this s<:cll~>nl, the chori!\ cor.l;'\int"'d in Ihis .-\cl Ithis nold flag of the UOited States of Amenc;:l mah d . . I.. L r ' be fI f t t f ho S of ~ Uflr.g t..t" "ours rom sunset 10 sunrise 1:. 2 56 St t own or wen y. our ur euc I. . .11 . _.J " ::J, a . day on the grounds of the N;:Itional Me. un e~s II IS I ummah:'u. PROClA\lA TIOSS . Ie nag of the PROCLA\I.-\ TIO~ ~O. .;06-1 ca', approved Julv 6, 1971.36 F.R. 1296; I (secllons 171 - rity is hereby DISPLAY OF FLAGS AT TilE W,\sHlSGTOS :\IOSr"EST ate officer of crmit the ny. The Washington Monument slands played day a:-:d nighl al Ihe Washin!;'lon ed States for day and night as America's tribule to our ~lo:-:t.:~er.l. day in Flag first President. The fifty American nags sow. THEREFORE. I. RICHARD ~ and Pratt .... that encircle the base of the Monumcnt SIXOS, Pr<.'~idenl of Ih<.' rniled Slalt"'~ /If d. represc;nt our fift~ St;:ltes ;:Ind,. ::It .the Americ.l. do here"~ rrcxbjm lh.'I, dle-t'. 1rovisions of same l1'!le. symbolIze our enduring '.cd. ti\e JlJ!Y -'. 19;1 Ihe fjfl~' tb~~ l,t Iht" lion of June eral Union. L'ni!e<! S~.:!~es of America di~rlay("d al n 175 of this As this Nation's 200th year ap. th.e Wa<hir~on_ ~'onumC"nl in Iht" ,I>i~, erred on the ;" proaches, I believe that it would do all trlct of ColumbIa be f~own al all Ilnll'S ale of ~ary. . Americans well 10 remember the years during 'tc d.a~.. ::Ind n1f.hl. e'ccpt ~hcn a replica of of our first Presidcnt and to recall the the \\ca~..er IS mclemenl. : trlch was. enduring ideals of our N::Ition. The ru!es and customs pertaining 10 . or twen- ... the di~?!a\' of Ihe nag 3.S sct fonh in the Flag House As an expressIon of our redcdlcalton .. " I" f J .,., lQ'" S t .L .d I fA' d . d JOint rcYl."..l :on 0 une .., .... as treets, Bal- 0 we leas 0 menca an In accor . ded ( f ]-3 t f Ih. ,. ante with the joint resolution of Con. amen se-c Ion '. e seq. o. IS I. DI gress of June 22, 1942 (56 Stat. 377), as tiel,. a.r~ he.reb~' ~odJf"jed accordmgly'. splay of amended by the joint resolution of De. IS \\ ITSESS "HEREOF, 1 ha\'e here. o cember 22, 1942, (56 Stat. 10H) (this unto set my hand this Si:O;lh day of July. ~, 79 S~t. section], which permits the O::lg to be in the yeM of our Lord ninele'en hun. thstandtng displayed at night "upon special OCC.1. dred sc\enty~~e: and of Ihe Indc~n. Jg to the sions when it is desired to produce a dence of the lOlled St.:llCS of America . States of patriotic effect" it is appropri::lte that the one b:-:drcd nincly.si.\Ih. nt resolu- . I' I h f h L_ d. R ' to codify our nattona co ors ence ort lJ'C 15- .(),,!>!> Nnl.o,; and cus- nd use of America' PROCLAMATION ~o. ~131 6f thU:S.~:, May 5, 1972. 37 F.R_ 9311 ) IS tt- :>tates of' DISPLAY OF FLAG AT UNITED ST ATES Cl:STO!-.~S PORTS OF ENTRY' i! ~nty-four , . ,r n of the The flag of the United States should be 22. t 942 (:6 Stat. 3i7), 3.S amendcd 06 ,,: 1 ts. The one of the first things seen at our Cus- tIS.C. 1;3-178). permits the nag 10 be ,!:!l t to the toms ports of entry, both by American displayed al nighl "upon sf'C'Cial occa. '1"lj!~ ct [this citizens returning from abroad and by sions when it is dc:sircd 10 produce' a ),'f Inset to travelers from olher countries. patriotic c!fC(;\.-I; ;:1 ,!; As the symbol of our country and our I belie\ c it is appropriale Ihat reo !rlrt .lvanfa; fr~oms, the nat.ional colors of the turning citizens and \.isilors from olhcri,i:!!! Urnted States prOVIde a welcome greet. countries be welcomed bv our n.3~ .'i'111 ,9 Stat. ing of warm promise, whether. they ani\e at their .ports of cn. :!!i1ii 'andin Many people, however, enter our tf)' by mg!"!1 or by day. Loj:!.; the di~ country at night when the flag is not SOW. THEREFORE. J, RICHARD IP'!!!"r. ates of flown. beca~se of. the. nearly uni\.ers.al ~;rxos. President of the l'nitcd StalC"s of i'!:iii; set, as c~tom of dIsplay 109 It only from sun. Americ.1. do hereby proclaim Ihal the '1'/,;:: \' t reso- nse to sunset. nag of the l'niled Sl:lle~ of America shall :)tl: ~ ) codi- Authority exists to amend that cu~lom. ht"re.1fter be disrlayc-d al all limes duro 1;;'llh d cus. \ A Congressional joint resolution of June iog Ihe day and nighl, c'cept "hen Ihe !'!i II:~ 179i.'.i1If'.L. 'I !I:~ 'JI",! , . . ..~. . - . ,. .. - . . . . .....-.. 36 ~ 174 PATRIOTIC SOCIETIES. ETC. Ch. to Ch. 10 PATRIOTIC ( weather is inclement. at United Slates I~ WIT~E.SS WHEREUF. I h:J\C: hc:re. of States or localiti( Customs ports of entry which are contino un!o s.cl my hand lhis fl/lh d;J~' of May. displayed from staffs ually open, in thc: year of our Lord ninelC'en hun- (f) When flags of The rules and customs pertaining to drC'd s.c\CnlY'-lwO, and of thc: IndC'pc:n- the display of the nag. as s.ct forth in the dencc of thc l'nilC'd S131C'S (If AmC'rica societies are flown 0 ! joint resolution of June 2:!, 19H, as 11:<: or.e hundrC'd nir.cI~..~i'lh. States, the latter sho , amended, arc hereby modified accord. flown from adjacent ingly, Rlrl\~Rn NIXON I hoisted first and 10\ \ CROSS REFERE~CES placed above the fl<l Modification of rules and customs by Pr~:dcr.l. see ~f. l'SCA ~ liE!. flag's right. National observances. display of nag. see: Jf. l.SCA ~ HI el sc:-q. (g) When flags of I I WEST LA W ELECTROSIC RESEARCH be flown from sepal I , I See WESTLAW guide following lhe E.'p!analion past's of this ,"olumC'. be of approximatel: display of the flag , ~ 175. Position and manner of display time of peace. (h) When the flaj; The flag, when carricd in a proccssion with another flag or flags, projecting horizont. should be either on the marching right; that is, the flag's own right, ny, or front of a bu or, if there is a line of othcr flags. in front of the center of that line. the peak of the staff (a) The flag should not be displayed on a float in a parade except suspended over a si from a staff, or as provided in subsection (i) of this section. pole at the edge 01 (b) The flag should not be draped over the hood. top, sides, or union first, from t~ back of a vehicle or of a railroad train or a boat. When the flag is (I) When display( displayed on a motorcar, the staff shall be fixed firmly to the the union should b chassis or clamped to the right fender. to the observer's let I (c) No other nag or pennant should be placed abo,oe or, if on the be displayed in the " , : same level, to the right of the flag of the Unitcd States of America, of the observer in I except during church services conducted by naval chaplains at sea, m When the fla when the church pennant may be flown above the flag during should be suspend church services for the personnel of the Nay)'. No person shall east and west stre display the flag of the United t\ations or any other national or (k) When used ( international flag equal, above, or in a position of superior prom. should be display , inence or honor to, or in place of, the flag of the United States at played from a staft any place within the United States or any Territo!")' or possession United States of thcreof: Provided, That nothing in this section shall makc unlawful prominence. in at the continuance of the practice heretofore followed of displaying honor at the clerg: the flag of the United Nations in a position of superior prominence Any other flag sc or honor, and other national flags in positions of equal prominence clergyman or $PC~ or honor, with that of the flag of the l'nited States at the head. quarters of the United Nations. (I) The flag shc (d) The flag of the United States of America. when it is displayed unveiling a statue with another flag against a wall from crossed staffs. should be on covering for the s the right, the flag's own right, and its staff should be in front of the (m) The flag, \\ staff of the other flag. the peak for an it (e) The flag of the United States of America should be at the The flag should b center and at the highest point of the group when a number of flags the day. On Men 180 ~C. Ch. 10 Ch, 10 PATRIOTIC CUST()~'S 36 ~ 175 . I have here. of States or localities or pennants of societies are grouped and day of May, displayed from staffs. ,ineleen hun- . he Indepen. -,i - (f) When flags of States. cities, or localities. or penn;\nts of of America societies are flown on the same halyard with the flag of the United ' .' ~ j h. States, the latter should always be at the peak. When the flags arc Ii lARD NIXON flown from adjacent staffs, the flag of the l.:nitcd Slates should be i.~ hoisted first and lowered last. No such flag or pennanl may be I Ii " placed above the flag of the United States or 10 Ihe United Slates : "ji " 3. . !, J flag's right. i" ii (g) When flags of t\...o or more nations arc displayed, they arc to '; II . II be flown from separate staffs of the same height. The flags should :, ~ Ie. be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in 'iil " time of peace. " ,~ I I' (h) When the flag of the United States is displayed from a st;\ff !:1! or flags, projecting horizontally or at an angle from the window sill. baleo. wn right, , ny, or front of a building, the union of the flag should be placed at that line.. ~ I the peak of the staff unless the flag is at half staff. When the flag is Ie except;,~~: suspended over a sidewalk from a rope e~tending from a house to a section. :) pole at the edge of the sidewalk, the flag should be hoisted out, 5ides, or . union first, from the building. 'e flag is.' (I) When displayed either horizontally or vertically against a wall, , to the the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should f on the: be displayed in the same way, with the union or blue field to the left I.merica, of the observer in the street. ; at sea, 0> When the flag is displayed over the middle of the streel, il during should be suspended vertically with the union to the north in an 'n shall east and west street or to the east in a north and south street. mal or (k) When used on a speaker's platform, the flag, if displayed flat, . prom- _ tates at should be displayed above and behind the speaker. When dis- session played from a staff in a church or public auditorium, the flag of the llawful United States of America should hold the position of superior >laying prominence, in advance of the audience, and in the position of inence honor at the clergyman's or speaker's right as he faces the audience. inence Any other flag so displayed should be placed on the left of the head. clergyman or speaker or to the right of the audience. .- (l) The flag should form a distinctive feature of the ceremony of played - . unveiling a statue or monument, but it should never be used as the i covering for the statue or monument. be on '.' ~ . of the ~~ :- (m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. at the The flag should be again raised to the peak before it is lowered for ~ flags . the day. On Memorial Day the flag should be displayed at half.staff 181 -.-" . r \.- f :C-- 36 ~ 175 PATRIOTIC SOCIETIES, ETC. Ch. 10 ~ Ch. 10 PATRIOTIC CUSTOMS ; , .' HISTORICAL AN untIl noon only, then raIsed to the top of the staff. By order of the President, the flag shall be flown at half.staff upon the death of Revision Notes and ugl"'atl~e Rep<~~ ... f h . d h 1953 Act. $cnate Report ~Il. 113-_. pnnclpal fIgures 0 t e Untted States Government an t e Governor I 1953 U.S.Code Congo ,llld ,\dln,Ne\' of a State, territory, or possession, as a mark of respect to their ;:e1850. memory. In the event of the death of other officials or foreign ~ 1976 Act. Senate Rep<>rt :":0. Q~~iQ ; dignitaries, the flag is to be displayed at half.staff according to see 1976 U.S.Code Congo and ,'dm,~('\' Presidential instructions or orders, or in accordance with recog- 1 p. 1515. nized customs or practices not inconsist~~t with law. In the event j ~:~:me~endment. Suh-.cc. (t of the death of a present or former offICIal of the government of Pub.L. 94-344. 9 1(6) substituted ..fl~ any State, territory, or possession of the United States, the Governor fender" for "radiator cap". of that State, territory, or possession may proclaim that the Nation- Subsec. (f). Pub.L. 94-J.t.t. ~ 01(: f] h If ff h f] h I be substituted "to the United SI.:lIes .1. al flag shall be own at a -sta . T e ag ~ a I flown at right" for "to the right of the n:lg of II half-staff thirty days from the death of the PreSIdent or a former United States". President; ten days from the day of death of the "ice President, the , Subsec. (i). Pub.L. 94-3.t.t, 9 w Chief Justice or a retired Chief Justice of the Cnited States or the substituled rcquircn~ent that when II . ' flag is displayed hOrl7.0nt:llly or \er llC Speaker of the House of Representatives; from the day of death ainst a wall or in a window, the unit until interment of an Associate Justice of the Supreme Court, a :gould be uppermost and 10 the n.:l~ . Secretary of an executive or military department, a former Vice own right for requireme~llhal when II '. " flag is displayed othcrwl!>C' th:ln r rom ! PreSIdent, or the Governor of a State, terntory, or possessIOn; and slaff it should be displayed 0:11, "h,"lh, : on the day of death and the following day for a Member of ind~rs or oul, or so su.spended thaI : : Congress. As used in this subsection- falls as free as though II were Sl.:lrre \ ' ",. . Subsec. (k). Pub.L. 94-3.t-l, ~ I (C; i i " (1) the term half-staff means the positIOn of the flag when eliminated provisions relaling to O:lg ~ \ U" it is one-half the distance between the top and bottom of the V . - staff; PROCl t;-, (2) the term "executive or militaf)' department" means any PROCL\M, t:.\ agency listed under sections 101 ~nd 102 of Title 5; and Mar. I, 1954, 19 F.R. 1235. as am.cI \!!, (3) the term "Member of Congress means a Senator, a Rep- F.f ;1' resentative, a Delegate, or the Resident Commissioner from DISPLAY OF FL\G AT II/\L;- \. Puerto Rico. OFFICIALS ASf I: .', (n) When the flag is used to cover a casket, it should be so placed WHEREAS it is apprupri:lle Ih:lt tI . : h h . . h h d d . h I f h Id h fl flag of the Uniled States of ,\merIC:I r i t at t e Unton IS at t e ea an 0\ er tee t s ou er. T e ag flown at half-starr on Fedcr31 building \ . should not be lowered into the grave or allowed to touch the grounds. and facilities upon the dealh ( ; : . ground. principal officials and for~er OffICI 315 ( f . the Government of the United Sl.:ues 311 ( ) Wh h fl. d d 'd I bb . the Governors of the States. Tcrntonc o en t e ag IS suspen e across a corn or or 0 )' In ad. of the Uniled Stales as b 'ld' . hi' . h Id L_ d d an possessions UI 109 WIt on y one maIO entrance, It s ou vc suspen e mark of respect to their memory; 3r ; vertically with the union of the flag to the observer.s left upon WHEREAS it is dcsi~able that rules l I " entering. If the building has more than one main entrance the flag prescribed for the umform olbscr\'.:ln' . ' . of this mark of respect by 31 uecu\l\ should be suspended vertically near the center of the corndor or departments and agencies or the Gover: lobby with the union to the north, when entrances are to the east ment. and as a guide to the peoi'le of It d h h h h d h Nation generally on such occasions; an west or to t e east w en entrances are to t e nort an sout. EREFORE I DWIGIIT I If h . h d" h . h ld NOW. TH , , t ere are entrances m more t an two IrectlOns, t e unton s ou EISENHOWER, President of the Unite be to the east. States of America and Commander I Chief of the armed forces of the L'nil.e (June 22, 1942, c. 435, ~ 3, 56 Stat. 378; Dec. 22. 19-42, c. 806. ~ 3, 56 Stat. States, do hereby prescribe and proclall 1075; July 9, 1953, c. 183, 67 Stat. 142; July 7, 1976. Pub. I- 94-344, the following rules with respect to tt ~ 1(6)-(11), 90 Stat. 810, 811.) display of the flag of the United Stales ( 182 rc. Ch. 10 Cho 10 PATRIOTIC CUSTOMS 36 ~ 175 rder of the HISTORICAL ASD STATCTORY SOTES e death of ~ Revision Notes and Legllllath'e Reports sit ion \\ hn displayed on a staff in the : Governor \ 1953 Act. Senate Report No. 83-258. chancel of a church or speaker's plat. :t to their see 1953 U.S.Code Congo and Adm.News, form of an auditorium. p. 1850. Subs<<. (m). Pub.L 94-344. ~ 1(10). 'Jr foreign 1976 Act. Senate Report No. 94-797. added pro\isions relaling 10 half.slaff ~ording to see 1976 U.S.Code Congo and Adm.News. display of the nag on Memorial Day and ith recog- p. ISIS. upon the dealh of principal figures of the event Amendments Ihe Cnited Slates gO\ernmC'nl and Slale ~nment of ~ 1976 Amendment. Sub<;cc. (b). gO\ C'rnments and dC'finilions of IC'rms ~ Pub.L. 94-344. ~ 1(6) substituted "right therein and e1iminaled pro\isions rrlal. Governor i fender" for "radiator cap". ing to the aIfhing of crC'~ Slreamrrs to Ie Nation. Subsec. (f). Pub.L 94-3..... ~ 1(7). s~3rhe.1ds and nagstaffs in a parade flown at substituted "to the Uniled Slales flag.s only on Ihe order of Ihe President. right" for "to the right of the flag of the Subscc_ (0). Pub.L 94-344. ~ I( 11). a former United States". added rubs<<. (0). ident, the '- Subsec. (i). Pub.L. 94-3..... ~ 1(8). 1953 Amendment. Subs<<. (c), Act es, or the ..' substituted requirement that when the July 9. 1953. added s.econd ~nlence. of death flag is displayed horizonlally or \'ertical 19-42 ArnendmenL SubSC"C. (i), ACI against a wall or in a window. Ihe union Court, a : should be uppermost and to Ihe flag's Dec. 22. 1942. added "or so sus~nded mer Vice ,!,' own right for requirement that when the Ihal its folds fall as free as Ihough Ihe ,ion; and .:, flag is displayed olhen\'ise Ihan from a flag ....ere staffed". and omilled pro\"i. * staff. it should be displayed flat. whelher sions w hen displayed again!\.! a wall or ln :mber of '.l' indoors or out, or so suspended Ih~t it a window. -~~ .'; falls as free as though it were staffed. Subscc_ (m). Act Dee.. 22, 1942. substi- lag when Subsec. (k). Pub.L 94-3-'4. ~ 1(9). tuted lowering- for "hauling" in third eliminated provisions relating to flag po. senlence. m of the T PROCLA.\iA TIOSS , :ans any PROCLAMATION l'\O. 3044 5; and ,. Mar.l, 1954.19 F.R. 1235. as amended by Proc. No. 3948. Dec. 12. 1969,34 ~, a Rep- ,. F.R. 19699. er from " DISPLAY OF FLAG AT HALF-STAFF nos DEATH OF CERTAIN , OFFICIALS AND FOR."ER OfFICIALS ) placed WHEREAS it is appropriate that the America al half-slaff upon Ihe dealh of fhe flag flag of the United States of America be the officials hereinafter designaled: uch the flown at half.staff on Federal buildings. 1. The na, of the l'nited States shall grounds. and facilities upon the death of be flown at half.staff on all buildings. principal officials and fonner officials of grounds. and na\'al \'es~ls of Ihe Feder- the Government of the United States and at Government in the District of C.olum. . by in a the Governors of the States. Territories. bia and Ihroughout the Uniled Stales pended .' and possessions of the United States as a and its Terrilories and possessions for mark of respect to their memory; and the period indicaled upon the death of ~t upon WHEREAS it is desirable that rules be any of the follo";ng~esignaled officials the flag prescribed for the uniform obser..-ance or former officials of Ihe Uniled Slates: idor or of this mark of respect by all executh'e (a) The President or a former Presi- departments and agencies of the Go\'em. he east menl, and as a guide to the people of the dent; for thirt)" days from the da)' of . south. NatioD generally on such occasions; dealh. should' NOW. THEREFORE. I. DWIGHT D. The fl:tg shall also be nown al half. EISENHOWER, President of the United Itaff for luch period al all L'nited Stales . Slates of America and Commander in embassies. Irptions. and other facilities .~ Chief of the armed forces of the United abroad. including all military facilities 56 Stat. .~ Slates, do hereby prescribe and proclaim and naval H:sscls and stations. 94-344, ., ; -;. the following rules with respect to the (b) The Vice President. the Chid Jus. . - display of the flag of the United States of lice or I retired Chid Justice of the 183 "-"- . ,;t.f: . 36 ~ 175 PATRIOTIC SOCIETIES. ETC. Ch. 10 Ch. 10 PATRUlTIC CtlSTOMS tlnitC"c! SlalC''1. 01' Ih<, Sl','nkrl' of 111<, <'11101 or \1,,11 SI..I<,. 1<'111101\',"1 1'\(''>!>CS- 2- ConCederate nag IlulI~e uf 1{c.-l'rcM'lIt,lIivcs: for ten days sion f10m the d.1~' of dealh unlll inler- Congress, in en:lcling amendatory pI from the day of death. mcnt. vision of this section prohibiting di\plJ (c) An Associate Justice of the Su- ... In the C'\cnl of Ihe dealh of olher ing of nags of international or~:lni7 preme Court. a member of the Cabinet. a officials. former officials.. or forC'j~n dig- tions or other nations in C'qu.,1 or sure' i former Vice President. the President pro nitarie~ tt:c nag of the l'niled Stales or prominence or honor to the nag tempore of the Senate. the Majorit)! sh:lll be disr!ayed a1 half.stalf in accord. the Uniled States. did not intend to pI Leader of the Senate. the Minorit)! Lead- ance with s~ch ordC'rs or instructions as hi bit state sponsored display of Confe er of the Senate. the Majority Leader of may be issued b~. or al the direction of erate flag on dome of st:lIe capitol; pr. i the House of Representatives. or the Mi- the President. or in accordance with ree. vision of Flag Code was manifestly d nority Leader of the House of Represent- ognizcd customs or practices nOI incon. rected at other practices. lIolm(''I . atives: from the day of death until inter- sistent with law. Wallace. D.C.Ala.1976, 407 F.Supp. .jQ . ' affirmed 540 F.2d 1083. ment. 5. The hea;!~ of Ihe ~\'Cral depart. 2. The flag of the United States shall ments and a~e~d('s of Ihe Go\C'rnmenl 3. Height of n8' be flown at half.staff on all buildings. may direct thaI the n~g l'f the l1nilcd Flying the nag of Republic of l'anam grounds. and naval vessels of the Feder. States be nO\\n:l1 blhlaH on t-uiJdings, and flag of United Slates in Canal Zon al Government in the metropolitan area grounds. or n:l' al \ es.s.els undC'r their at equal heights on separale flag P<Jlc of the District of Columbia on the day of jurisdiction on occasions other than did not violate this section. Doyle \ death and on the following day upon the those specified herein which they consid- Fleming, D.C.Canal lone 1963. 21' death of a United States Senator, Repre- er proper. and that suitable military hon- F.Supp. 277. sentative. Territorial Delegate. or the ors be rendered as appropriate. Resident Commissioner from the Com. IN WITSF.s5 WHEREOF. 1 ha\e here- . monwealth of Puerto Rico. and it shall unto sct my hand and caused Ihe Seal of I 176. Respect for flag , ' also be flown at half.staff on all build. \: the United SlalC'S of America to be aI- ings, grounds. and naval vessels of the fiJl:ed. No disrespect should be showl Federal Government in the State. Con- . ~ gressional District. Territory. or Com- OOXE at the City of Wuhing10n this America; ,the flag should not l: i. monweahh of such Senator. Represent3' 151 6y of March in the year Regimental colors, State flags. tive. Delegate. or Commissioner. respec- of our lord ninetecn hun- I;' , lively. from the day of death until inter- dred and fifty. four. and of. flags are to be dipped as a mark \1.' ;(' ment. lhe Independence of the I ;;. United StalC'S of America the (a) The flag should never be i ..:~' 3. The flag of the United States shall one hundred and se\'ent).' be flown at half.staff on all buildings eighlh. except as a signal of dire distress and grounds of the Federal Government (SE.U.) life or property. in a State. Territory, or possession of the United States upon the death of the Gov. [)-,',C1U D. El~r"'''OWF.R (b) The flag should never touc CROSS REFERENCES ground. the floor, water. or men Display of replica of flag used in ,,'ar of 1812 for Iwenly.four hours ~ach day in (e) The flag should ncvcr be Flag House Square. Baltimore. Mar).land. as subject to this SC'Ction. see 36 always aloft and free. , USCA ~ 114 nole. Modification of rules and customs by President. see 36 eSCA ~ liS. (d) The flag should never be USt WESTLA W ELECTRONIC RESEARCH drapery. It should ncver be fe~ See WESTLAW guide following the E~pl3nation pages of this \olume. folds. but always allowcd to fall f red, always arranged with the blu NOTES OF DECISIONS and the red below, should be us. Generally I of word .should- throl:ghout such provi- draping the front of the platforn Confederate nag 2 sions is indic<lth e of !:Ick of renal pur- (e) The flag should never be fa Height of nag 3 pose. Holmes \. Wa"ac~. D.C.Ala. I 976. Injunction against dllpJay of flag 5 407 F Supp. 493. affirmed 5-10 F.2d 1083. in such a manner as to permit RJght of action 4 This section re'SpeC'ting position of damaged in any way. American nag when displayed or carried 1. Generally with other na~ was nOI inlt'nded to pro- (0 The flag should ncvcr be u scribe behavior but w3.S ralher fashioned This section relating to proper manner as an cJl:pres.sion of pre\ alent custom (g) The flag should never have p of display of national flag are not intend- regarding the display of the American it. nor attached to it any mark, ins ed to proseribe conduct but are merely flag. State of Del. e:\ reI. Trader v. declaratory or adVisory; recurrent use Hodsdon. D.C.DeI.l96i, 265 FSupp. 308. picture. or drawing of any nature. 184 18: __...;;..w:::.:~~~.;i~'~ .' Ch. 10 Cho 10 PATRIOTIC CUSTOMS 36 ~ 176 or posses- 1 2. Confederate nag ... RJlht of ac1Jon IOtil inter- Congress, in enacting amendalor)' pro- rrm i'ion of thi!> code prohibiting di!>- . vision of this section prohibiting di!>play. pl:1y of flag'!> of international organil.a. h of other ~ ing of flags of international organiza. lions or olher, nations in equal or supen- Jreign dig. I lions or other nations in equal or superi- or prominenc~ or honor to nag of Unit. led States or prominence or honor to lhe nag of ed SI.1les does not cre.'!le any righls in in accord. , the United States, did not inlend to pro- prh.1le indi\'iduals and could not form uctions as bibit state sponsored display of Confed. basis for chil rights action alleging dep. reetion of crate flag on dome of state capitol; pro- rh-alion of rights., pri\.ileges., or immuni- ~ with ree- vision of Flag Code was manifestly di. ties S<<'Urd by constitution and laws. lot incon- rected at other practices. Holmes v. Holmes \'. Wallace, D.C,Ala.J976, 407 Wal1ace, D.C.Ala.1976, 407 F.supp. 493, F.supp, .193. affirmed 540 F.2d 10~). II depart- afflfmed 540 F.2d 108.3. InJunC1J.on ag-aInsl dlJ'pla,. of nag 5. , vernment . 3. Height of nag United St.1tes DistriC1 Coun did not 'e United Flying the nag of Republic of Panama h.1\'e jurisdiC1ion to enjoin defendant luildings. T and flag of United States in Canal Zone from flying the flag of the llnited Na. ler their at equal heights on separate nag poles tions aoo\e and to the right of the Amer. ler than did not violate this section. Doyle v. ic.'!n nag in front of his residence. Slale ~y consid-" Fleming. D.C.Canal Zone 1963, 219 or Del. e... reI. Trader \., Hod5odon, D.C. ,I, . lacy hon-' F.supp. 271. De1.1967. 2~5 F.surp. 308. II :l ve here- ~J e Seal o( ~ 176. Respect for flag " ;1' " ! o be af- ..~ ' ~ " '.'~": ! : lo.~.."~ No disrespect'should be shown to the flag of the United States of ; ~ - I jton this' "A:~~. t \ i ~ America; the flag should not be dipped to any person or thing. I ;,' I the year ,'. ; : ~ l Regimental colors, State flags, and organization or institutional 1 '. en hun-, ,; , and of ~f f flags are to be dipped as a mark of honor. of the ;,; . 'rica the . (a) The flag should never be displayed with the union down. seventy- :\~~, ,', except as a signal of dire distress in instances of extreme danger to Q ,,;.',1.. '.>~ :l',life or property. , ~". lOWER ~:'" ,:', (b) The flag should never touch an}1hing beneath it. such as the ~.. ';r.~ ,":; ground, the floor, water. or merchandise. .~':( f: day in <, (c) The flag should never be carried flat or horizon 1 a))y, but see 36, ": always aloft and free. ., .~~- , " ",,~. (d) The flag should never be used as wearing apparel. bedding. or L~.drapery. It should never be festooned, ~awn back. nor. up. in ,folds, but always allowed to fall free. Buntmg of blue. while, and 'fred, always arranged with the blue above. the white in the middle, ~- and the red below, should be used for covering a speaker's desk. :. draping the front of the platform, and for decoration in general. f. (e) The flag should never be fastened, displayed. used. or stored , in such a manner as to permit it to be easily torn, soiled. or <, damaged in any way. (f) The flag should never be used as a covering for a ceiling. ,. .: (g) The flag should never have placed upon it. nor on any part of ; ~}, nor attached to it any mark. insignia, letter. word. figure. design. . picture. or drawing of any nature. 't' 185 J . - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ;' r I SUBJECT: AGENDA ITEM tt /~ 8 - MEETING OF JANUARY 26. 1993 ORDINANCE NO. 6-93 DATE: January 22, 1993 This is first reading of an ordinance amending Section 37.15 of the Code of Ordinances to provide for a reduction of the number of alternate members of the Code Enforcement Board. This ordinance follows Commission direction to have only two alternate members on the Board and complies with Florida Statutes Chapter 162. Recommend approval of Ordinance No. 6-93 on first reading. /51' ~ f~ -6 ,,0 '. . ORDINANCE NO. 6-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 37.15 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE REDUCTION OF THE NUMBER OF ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires that the Code Enforcement Board of the City of Delray Beach only have two alternate members, in order to comply with Florida Statutes Chapter 162. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.15, "Composition; Appointment of Members", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 37.15 COMPOSITION; APPOINTMENT OF MEMBERS. The Code Enforcement Board shall be composed of seven regular members, along with .e1eft two alternate members, appointed by the City Commission. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor, and a realtor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading '. . (~ CL-,~C< ./ [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr~~_r'. D~r_c~ L~n_ (407) 243-7090 MEMORANDUM RECEIVED Date: January 14, 1993 JAN 1 4 199j CITY M To: City Commission A'PR'S OFFICE From: David N. Tolces, Assistant City Attorne Subject: Revision to Code Enforcement Board Code Provisions - Alternate Members Pursuant to direction given at the January 29, 1991, the number of alternates on the Code Enforcement Board has been reduced to two members. Therefore, at this time, it would be appropriate to. revise Section 37.15, "Composition; Appointment o.f Members" in order to reflect the desire to have only two alternate members. The code presently allows for up to seven alternates. (See attached memo from City Attorney Jeff Kurtz). Approval~ this ordinance will bring the City in line with the state statutes. If you have any questions, please call. DNT:sh Attachments cc: David Harden, City Manager Richard Bauer, Code Enforcement Administrator Norma Smith, Code Specialist Anita Barba, Board Secretary Cheryl Leverett, Agenda Coordinator members.dnt . I I l....L... 1"11,..1. ...VI ':-1 V "'1-'-' ",all .:,..1.,:>-.1 .1.....-.10 r ,U"::' '_... I I I I I I '-' I'" L... I ...., '-' I I ....... '- , a.~ ......."' ..... .'. . ,..- . ".. ~ ~ ~_ ~ M - ~~ ..-- ."...' .. - ~ - .-- aT' IF DlLAR' IIA(Il~~~_ ....~;.. . .. ~ ..ft t....~ '. ~. .....!"I.. ~...,...~ JoI . , . . . .. . .... .. . . CITY AnORNEY'S OFFICE )101.1:. hIITI!.tt"f. SUiTt 4. DI!LItAY "4('tf. Pt aRIDA J)41U 401/24~'Oto . TEUCOIIER 407/Z7...15$ . MEMORANDUM Date: January 25, 1991 TO: City Commie.ion From: J.ff~.y $. Kurtz, CLty Attu~ne~ S\lb,ectz Code Enforcement Board Alterna~e. our r11. f3'~'1.001 The.lftake\1p ot the City's COde En~orcelll.nt Board is .et forth Ln Section 37.15 of our Code and con.l.~. of .even ~.9\ll.r and ..ven alternate .embers. lncluae4 w1th nu.e~ou. other chang.. .ev.ral y..r. 4g0, State atatut.. on code bOard. were ..ended \ to roquire only .even regular mambera and two alternate.. Our ordinanc.. were amended to coincide with stat.e .t.tut.. with the exception of the r.duc~ion in the number ot al ter,..t... . The re..on lt wa. not chan98d a~ ~na~ t1.. wa_ be~au.. the City Co_i..lon w.. contemplating ore.tlng a ..cond .even ..aber .. Code Board to 4lleviate the ea.e load _~n, the ort.gJ.nal code \ Board. Ha~.t change taken place, the plan w.. for alternat~ member. to become re9ular lIleaber. on the ..cond board. -- . Obvlou.ly the .econd board ha. not been creot"d and staft , de.ire direction on whether the_commla.lon wi.he. to continue r havlng .even .l~ern.te ..mber. to the Board. :t - Whl1e not 1n total conEo~lty Wlth the St.~. .tatute., I du nOL .' believe the ukeup of our soares WOUld be the a@le.:t of a \t.. challenge. It 1. o~r oEtlc." opinion that having . dlfl.r.n~ number ot alternate. than "a. cont.~l.ted by the State ; statute. 18 within' ~be Co.-la'lon', dl.c~etlon. \ Shoyld the Commi..lon w1.h to reduce the number of alternat.., I would .u9ge.t that no turther alternate appointment. be ..de until such t1.. a. "e are down to the l..t two alte~n.t.. and then amend the ordLnance at that t1me. Th1. would l..ve u. 1n i . aituat10n where there WOuld be up toflve unfLlled .It.cnate \ po.itlonl on the Board and during that pertod of ~im. the city Clerk'. ottice could mon1tor ~he need for al~.rnat... I I JIlt: jw i \ cc:; Dav!d Harden, City H.nGger Lula Butler, Director or community r.provement Alison MacG~.9or Harty, City Clerk ! \ , I . . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER I' ! SUBJECT: AGENDA ITEM i 1.:/ C - MEETING OF JANUARY 26. 1993 ORDINANCE NO. 7-93 DATE: January 22, 1993 This is first reading of an ordinance correcting the zoning classification for a 4.32 acre parcel of land located on the west side of Federal Highway, south of Linton Boulevard (Dan Burns Oldsmobile) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district. This rezoning request is corrective in nature. The existing use is a full service automobile dealership which was built in several phases between 1970 and 1985. During the adoption of the LDRs this parcel was incorrectly rezoned from SC (Specialized Commercial) to PC. The dealership is non-conforming under the PC zoning designation; therefore, rezoning to AC is appropriate. The Planning and Zoning Board at their January 11th meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 7-93 on first reading. f~ /5r~ 5-0 " I ORDINANCE NO. 7-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PC (PLANNED COMMERCIAL) DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF FEDERAL HIGHWAY, SOUTH OF LINTON BOULEVARD; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; 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 October 1, 1990, as being zoned PC (Planned Commercial) District; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property: , and, WHEREAS, at its meeting of December 14, 1992, the Planning and Zoning Board initiated a corrective rezoning of the property from PC (Planned Commercial) District to AC (Automotive Commercial) District and directed staff to prepare an analysis of the rezoning; and, WHEREAS, at its meeting of January 11, 1993, the Planning and Zoning Board, as Local Planning Agency, reviewed this item and voted unanimously to recommend approval of the rezoning, based upon positive findings; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper 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, dated October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: TRACT "A" OF THE PLAT OF GM'S ACRES, according to the Plat thereof recorded in Plat Book 29, Page 12, of the Public Records of Palm Beach County, Florida, and the South 1/2 of Avenue "A" lying between Dixie Highway and S.R. #5 (U.S. Highway No. 11, LESS THE WEST 76 FEET THEREOF. The subject property, which is the site of Dan Burns Oldsmobile, is located on the west side of Federal Highway, south of Linton Boulevard; containing a 4.32 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, correct 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 , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - ORD. NO. 7-93 . ~ c' /.( :2 ^---1 L. I ' C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER .. THRU: D ID J. KO AC~R DEPARTMENT OF PLANNING AND ZONING J DIANE DOMINGUE~ ~ / FROM: PLANNER III ~ SUBJECT: MEETING OF JANUARY 26, 1993 APPROVAL ON FIRST READING OF A REZONING OF TRACT "A" OF THE PLAT OF G.M. 'S ACRES (DAN BURNS OLDSMOBILE) FROM PC (PLANNED COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a rezoning from PC (Planned Commercial) to AC (Automotive Commercial) for Tract "A" of the plat of G.M.'s Acres. The property, which is the site of Dan Burns Oldsmobile, is located on the west side of Federal Highway, south of Linton Boulevard. BACKGROUND: This rezoning request is corrective in nature. The existing use is a full service automobile dealership which was built in several phases between 1970 and 1985. In October 1990, the site was incorrectly rezoned from SC (Specialized Commercial) to PC (Planned Commercial) as part of the Citywide rezoning. The existing dealership is non-conforming under the PC zoning designation. This non-conforming status was recently discovered during a technical review of an adjacent parcel. At its meeting of December 14, 1992, the Planning and Zoning Board initiated a corrective rezoning of the property from PC to AC. The attached staff report was prepared pursuant to that action, and contains an analysis of the rezoning. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the item at its . City Commission Documentation Corrective Rezoning; Dan Burns Oldsmobile Page 2 meeting of January 11, 1993, and voted unanimously to recommend approval of the rezoning from PC (Planned Commercial) to AC (Automotive Commercial). RECOMMENDED ACTION: By motion, approve on first reading a rezoning of Tract "A" of the plat of G.M. 's Acres from PC (Planned Commercial) to AC (Automotive Commercial), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachment: * P&Z Staff Report . . PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETINO DATE: January 11, 1993 AOENDA ITEM: ILA.I. ITEM: Corrective Rezoning, PC to AC, Dan Burns Oldsmobile Located on S. Federal Highway --- - -- GENERAL DATA: Owner.........................Dan Burns Oldsmobile, Inc. Agent.........................David~. Harden city Manager Location......................West side of Federal Highway, south of Linton Boulevard. Property Size.................4.32 Acres City Land Use Plan............General Commercial City Zoning...................PC (Planned Commercial) Proposed Zoning...............AC (Automotive Commercial) Adjacent Zoning........North: AC East: AC South: AC West: CF (Community Facilities) Existing Land Use.............Existing automobile dealership. Proposed Land Use.............Existing automobile dealership. Water Service.................Existing on site. Sewer Service.................Existing on site. II.A.I. ,. I I I T E M B E FOR E THE BOA R 0: The action before the Board is making a recommendation on a rezoning request from PC (Planned Commercial) to AC (Automotive Commercial). The subject property is Tract "A" of the plat of G. M. 's Acres, which is the location of Dan Burns Oldsmobile, a full service automobile dealership with a total area 0 f 4.32 acres. It is located on the west side of Federal Highway, south of Linton Boulevard. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. B A C K G R 0 U N D: The subject property was platted as a portion of G. M. 's Acres in 1969. The existing facility was built in several phases between 1970 and 1985. In October 1990, the site was rezoned from SC (Special Commercial) to PC (Planned Commercial), as part of the Citywide rezoning and adoption of the Land Development - Regulations. The existing automobile dealership is a non-conforming use under the PC zoning designation. This non-conformity was discovered during the technical review of a project on an adjacent parcel. As it was not the City's intention to eliminate this existing use, this corrective rezoning of the property to AC (Automotive Commercial) was initiated by the Planning and Zoning Board on December 14, 1992. Z 0 N I N G A N A L Y S I S: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use designation for the subject property is General Commercial. The requested zoning I - P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 2 change is from PC (Planned Commercial) to AC (Automotive Commercial). The proposed zoning designation of AC is consistent with the General Commercial Future Land Use designation. The existing automobile dealership on the property is a permitted use in the proposed AC zoning district. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As the site is currently developed, and the rezoning is corrective in nature, no additional demand for service capacity will be generated by this action. No future development of the site is proposed. A positive finding can be made with respect to concurrency. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(0)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element Policy A-2.4: - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall be adhered to: . Auto related uses shall not be permitted in the CBD Zone District or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. . Automobile dealerships may locate or expand west of Federal Highway or between the one-way pair system (except as restricted above). This automotive use is an existing, established use. It is located west of Federal highway, south of Linton Boulevard, and is not in any of the areas subject to this policy. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: . , P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 3 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 subject property is currently zoned PC. The property is adjacent to AC zoned properties with existing automotive uses on the north, south, and directly across Federal Highway. The property to the west of the site (Miller Park) is zoned CF (Community Facilities). The site is separated from the park by 200' of right-of-way. The uses on all of the sites are existing. The zoning change will reflect the existing conditions and will not affect the compatibility of the property with adjacent uses. Section 2.4.5(0)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(1) (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: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. 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 applicable reason is "a," pursuant to the following: The PC zoning assigned to the Dan Burns site was apparently for a parcel to the north of the Delray Lincoln-Mercury site. That parcel was zoned AC in 1990, and has since been included in the Delray Lincoln-Mercury future site plan. The application of the PC designation to the subject property was inappropriate. LOR Compliance: Section 4.3.4 (Development Standards Matrix): AC district requirements for minimum lot size, lot width, lot depth, lot frontage, lot coverage, density, height and setbacks are met. However 25% of the site is not maintained as non-vehicular open space as required by LOR Section 4.3.4. This deficiency applies under both the PC and AC zoning districts and I P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 4 is a pre-existing condition. Therefore it is not a relevant factor in the consideration of the rezoning. Section 4.4.10 Special AC District Requirements: Section 4.4.10(H)(1) provides that the supplemental regulations for the Automotive Commercial district are applicable only for the establishment of new uses, or for the expansion of existing uses. This is an existing use and no expansions are proposed at this time. The existing automotive use is generally in compliance with the requirements of 4.4.10. Therefore, a positive finding can be made. REV I E W B Y o THE R S: The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board) , DOA (Downtown Development Authority) or the CRA (Community Redevelopment Agency) . Neiqhborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to: * Tropic Bay Condominium Association * Tr~pic Isles Homeowner's Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ASS E SSM E N T AND CON C L U S ION: The proposed rezoning affects an existing land use which was zoned PC in error with the adoption of the LDR in 1990. This rezoning will not affect the intensity of development on the site or the compatibility of the site with surrounding properties. A rezoning of this property from PC to AC would allow for the continuation of and necessary improvements to the existing facilities without creating undue conflicts with surrounding developments. All required positive findings can be made. A corrective rezoning of the Dan Burns Oldsmobile site is appropriate. . , P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 5 A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Recommend rezoning of Tract "A" of G. M.'s Acres from PC to AC, based on positive findings. C. Deny a rezoning for Tract "All of G. M.'s Acres, based on a failure to make positive findings. S T A F F R E COM MEN 0 A T ION: Recommend approval of the rezoning request for Tract "A" of G. M. IS Acres from PC (Planned Commercial) to AC (Automotive Commercial), based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: * Location Map Report prepared by : Jeff Perkins, Planninq Technician I Reviewed by DJK on : . I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS I FROM: CITY MANAGER f / ! , , SUBJECT: AGENDA ITEM i I cR P - MEETING OF JANUARY 26. 1993 ORDINANCE NO. 8-93 DATE: January 22, 1993 This is first reading of an ordinance amending the Code of Ordinances to provide for the prohibition of parking on City maintained rights-of-way or swale areas except for temporary emergency purposes. This ordinance was recommended by the Neighborhood Task Force as a method of removing the blighted effect of vehicles inappropriately parked along streets and to remove the destructive impact which such vehicles have upon the physical condition of swale areas. The Planning and Zoning Board at their January 11th meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 8-93 on first reading. 1~ on /sr~ S -to .;). moTtO!) m App/CaVE- E,lltnqswoeM _ Do R f:}-n IJOLPf{ - IJO LLfnC!A") -~ m 0 u(.() - JJo r+{~ - ~ - . I ORDINANCE NO. 8-93 I 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 I DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.001, I "DEFINITIONS", TO PROVIDE FOR A DEFINITION FOR THE I TERM "SWALE"; AND SECTION 71.017, "STOPPING, STANDING, i OR PARKING PROHIBITED IN SPECIFIED PLACES", TO PROVIDE I I FOR THE PROHIBITION OF PARKING ON CITY MAINTAINED I I RIGHTS-OF-WAY OR SWALE AREAS EXCEPT FOR TEMPORARY ! EMERGENCY PURPOSES; PROVIDING A GENERAL REPEALER i CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. I i WHEREAS, the City Commission of the City of Delray Beach, I I Florida, has expended substantial amounts of dollars in improving i I public rights-of-way throughout the City of Delray Beach; and, i WHEREAS, the City Commission of the City of Delray Beach I finds that the continued use of rights-of-way and swale areas for '! parking purposes causes damage to drainage provided in those areas; I and, ii WHEREAS, the City Commission of the City of Delray Beach 'I :1 believes that improving the aesthetics of the rights-of-way and swale areas will improve the quality of life for the ci tizens of De1ray Beach; and, ,I WHEREAS, pursuant to LOR Section 1.1.6, the Planning and i , Zoning Board reviewed the subject matter at its meeting of January , 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3114(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 7, "Traffic Code", Chapter 71, "Parking Regulations", Section 71.001, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following definition: "SWALE." That portion of a street (private or public) between the curb lines or the lateral lines of a roadway and the adjacent property lines, excluding sidewalks and bicycle paths, and intended for use for drainage and/or beautification purposes. Section 2. That Title 7, "Traffic Code", Chapter 71, "Parking Regulations" , Section 71.017, "Stopping, Standing, or Parking Prohibited in Specified Places", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing subsection (D) in its entirety and enacting a new subsection (D) and a new subsection (E) to read as follows: JQl Within the City limits of the City of Delray Beach, it shall be unlawful to park or store a vehicle in a swale area located within a street, except for temporary emergency purposes such as emergency repairs , accident damages, or by police, fire, city or other governmental vehicles, and for ambulance service calls, or as directed by a law enforcement officer; '. - . Ii unless there is signing which specifically allows such swale parking. The provisions of this subsection (D) shall not apply to paved surfaces which existed as of January 1, 1993, nor to swale areas which are lawfully paved thereafter, under permit of the City Engineer. The provisions of this section shall be enforced by the police department in the same manner as other parking violations upon streets are enforced. J!l No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. 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 prov~s~on 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 ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - ORD. NO. 8-93 . C I T Y COM MIS S ION DOC U MEN TAT ION TO: C1D T. HARDEN, CITY MANAGER ~4 FROM: 10 J. OVACS, '6~EToR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING, ORDINANCE AMENDING CODE CHAPTER 71 PROHIBITION RE PARKING IN SWALES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City Code of Ordinances. The affection Sections are: * 71.001 Definitions within the Traffic Code * 71.017 Prohibited parking in Specified Places BACKGROUND: This requested change had come about from The Neighborhood Task Team (NTT) . The reasoning behind the regulation is that of removing the blighting effect of vehicles inappropriately parked along streets and removing the destructive impact which such vehicles have upon the physical condition of swale areas i.e. desire to retain them in the grass. In addition, proper use of swale areas aids in the proper handling of storm drainage. An initial draft of the proposed regulations was discussed in a worksession among the NTT and the Planning and Zoning Board. Revisions were made based upon direction from that worksession. Please refer to the Planning and Zoning Board Staff Report for more detail. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. David Henninger of the NTT addressed the item and supported the revised text. There was no public testimony to the contrary. The Board then forwarded the item on a 5-0 vote (FeIner and Currie absent). . , City Commission Documentation First Reading, Ordinance Amending Code Chapter 71 Prohibition Re Parking in Swales Page 2 RECOMMENDED ACTION: By motion, approval on first reading. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DJK/CCSWALE.DOC - . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: TRAFFIC CODE AMENDMENT RE PROHIBITION OF PARKING IN SWALE AREAS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the City's Traffic Code. The changes contemplated in this proposed ordinance include: * Prohibiting parking within swales which are located in streets (public or private) , except for those which have heretofore been paved. But, accommodating such parking in specifically designated locations. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task Team (NTT) . These changes were discussed in work session among members of the Board and the NTT on June 18, 1992. Changes to the proposed ordinance have been made in order to reflect discussion and direction at that work session. Please note that while the proposal does not involve an amendment to the LDRs, the item has been referred to the Board (by the City Commission) for review and comment. A previous letter of objection, from the Woodlake Homeowners Association, is attached. ANALYSIS: The initial proposal set forth by the NTT called for: * A definition of "Right-of-way" or "Swale"; and, * A prohibition of parking in swale areas when the area is marked with a "no parking" sign or when such parking constitutes a hazardous situation; but allowing for emergency situations. The revised ordinance provides for the following: l. The definition has been changed to more closely follow the structure of the definition of "sidewalk" as used in Section 71.001. ,. , l\..c'\.o.. . P&Z Staff Report Traffic Code Amendment Re Prohibition of Parking In Swale Areas Page 2 2. The restriction is City-wide regardless of whether or not signing is provided. It was thought that placing signs everYWhere would not achieve the beautification which is sought. Such signing, (i.e. City-wide application) could be placed in strategic locations e.g. entries to subdivisions, periodically along thoroughfares. 3. Allows for continued use of previously paved swale areas for parking purposes. 4. Allows for creating such parking areas (i.e. paved swale areas) in the future, under permit from the City Engineer. 5. Allows for parking in swale areas when an area is so signed. This provision can accommodate situations , like the Woodlake Subdivision where, apparently, there is a desire to retain swale parking. A sign to this effect can be posted at the entry to the subdivision. RECOMMENDED ACTION: Take testimony and proceed accordingly. , Attachments: * Draft of proposed Ordinance * Letter of objection from the Woodlake Homeowners Association dated June 30, 1992. Report prepared by: ~~~~~ T:PZSWALB2 . . ~ HOMEOWNERS ASSOCIATION, INC. 385 S.W. 27TH TERRAce DELRA Y BEACH, FLORIDA 33....5 1992 rr-:"~~Jn ~~Th June 30, ,.:: ~, :.'~: l:.t'ie.1l U ~ '. .. -. I ' .. V 1 1992 Members of the Planning & Zoning Board City of Delray Beach '. '" . .. . G . ' .. " . 'v'v, ". - ... 100 N.W. First Street Delray Beach, Florida 33444 . Reference: Proposed Ordinance Concerning the Parking on Swale Areas Gentlemen: With regard to the above reference proposed ordinance, as President of the Woodlake Homeowners Association, I am writing on behalf of the Board of Directors and Homeowners within the community located on the west side of Homewood Blvd. between Atlantic Avenue and Lowson Blvd. to express our concern. While we do not object to the thought and principle behind such an ordinance, which is primarily to further beautify the city, we do oppose a restriction that would ban parking on swales in a community such as Woodlake. Woodlake is a walled community which has its own rules and regulations to protect the swale areas of the entire community. It is our understanding that the City of Delray Beach has approved Planned Residential Developments (PRO's) in western sections of the city, such as Woodlake, in order to increase the City tax base only. Now it appears that the city wants to apply rules for the east side of the City which we feel should not be applicable to the West side of the City where Planned Residential Developments exist. The types of streets in the Woodlake Community are not considered "feeder roads., but instead are off a feeder road system. Therefore, we do not feel that the Woodlake community or other similiar communities in Western Delray should be required to adhere to the same rules. I also call your attention to the fact that the Woodlake Community has storm drainage throughout, which is connected to three community lakes which in turn are connected to the South Florida Water Management System. In summary, we respectfully request that serious consideration be given to our position regarding an ordinance that would prohibit . . . Page 2 parking on swales. Common sense and practicality should prevail in your decision. Thank you for your attention to the matter. Sincerely, WOOD~AKE HOMEOWNERS ASSOCIATION, INC. J, I ~'~ (,1&- . ~k.eh\/ William Decker president Woodlake Homeowners Association, Inc. cc: Mayor City commissioners . I, . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS " I FROM: CITY MANAGER /" (' I SUBJECT: AGENDA ITEM # I~ F - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 10-93 DATE: JANUARY 22, 1993 This is first reading of an ordinance which amends the Land Development Regulations to require all single family residential properties to comply with minimum landscape requirements by a specified date, and allow existing single family properties to have a manual irrigation system. The proposed changes were initially generated by the Neighborhood Task Team as a means of beautifying neighborhoods through improved and upgraded landscaping. The Planning and Zoning Board formally reviewed this item on January 11, 1993, and forwarded a recommendation of approval (5-0 vote; Currie and FeIner absent), with a recommended compliance date of October 1, 1997, if individual notification is required. If individual notice is not necessary, a compliance date of October 1, 1995, is recommended. Please refer to the accompanying staff report for more detail. Recommend approval of Ordinance No. 10-93 on first reading. iadd on /sr~ $'-0 - , - I ORDINANCE NO. 10-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.16(B), "APPLICABILITY", TO REQUIRE THAT LANDSCAPING OF EXISTING SINGLE FAMILY DETACHED UNITS BE UPGRADED TO COMPLY WITH MINIMUM LANDSCAPE STANDARDS, TO THE EXTENT PHYSICALLY POSSIBLE, WITHIN TWO (2) YEARS; BY &~NDING SUBSECTION 4.6.16(F), "IRRIGATION REQUIREMENTS", TO PROVIDE FOR THE USE OF A MANUALLY OPERATED IRRIGATION SYSTEM FOR EXISTING SINGLE FAMILY DETACHED UNITS;~PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLA9PE, AND AN EFFECTIVE DATE. ~~ WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of beautifying neighborhoods through improved and upgraded landscaping; and, WHEREAS, the City Commission of the City of Delray Beach wishes to require existing single family homes to comply with the same minimum standards as new homes, excluding the requirement to provide an automatic sprinkler system; and, WHEREAS, the City Commission of the City of Delray Beach believes that improving the aesthetics of Delray Beach's residential neighborhoods will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(B), "Applicability", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by the addition of a new Subparagraph (5) to read as follows: J1l To existing single family detached dwellings on a single lot, which heretofore had not been required to comply with the City's landscape requirements. Such properties shall comply with the minimum standards set forth within Subsection (H), to the extent physically possible, prior to October 1, 1995. Property owners are encouraged to submit plans for upgrading prior to the date of compliance. Section 2. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6"16(F), "Irrigation Requirements", Subparagraph (1), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: . , (F) Irrigation Requirements: All landscaped areas shall be provided with a sprinkler system, automatically operated, to provide complete coverage of all plant materials and grass to be maintained. Systems shall be designed to permit all zones to be completed between the hours of 5:00 p.m. and 9:00 a.m. to avoid daylight watering as established in the South Florida Water Management District Guidelines. Exceptions to the requirement ~o provide irrigation are noted ~el~wJ in Subparagraph (1) which follows. (la) Irrigation of Existing Plant Communities: Existing plant communities and ecosystems, maintained in a natural state, do not require and shall not have any additional irrigation water added in any form. (lb) Existing Single Family Homes: Manually operated irrigation systems shall be allowed for sinqle family detached units which existed prior to October 1, .illQ.:. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinanc~ shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 10-93 I . ,:'-k (/L) C I T Y COM MIS S ION DOC U MEN TAT ION TO: c:: T. HARDEN, CITY. MANAGER ~~U~ THRU: o 0 . OVACS, D RECTOR ~NTO LANNING AND ZONING FROM: D' O~GU SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.6.16(B), TO REQUIRE ALL SINGLE FAMILY RESIDENTIAL PROPERTIES TO COMPLY WITH MINIMUM LANDSCAPE REQUIREMENTS BY A SPECIFIED DATE, AND 4.6.16(F), ALLOWING EXISTING SINGLE FAMILY PROPERTIES TO HAVE A MANUAL IRRIGATION SYSTEM ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Sections are: * 4.6.16 (B) : Landscape Regulations--Applicability * 4.6.16 (F)(l): Irrigation Requirements BACKGROUND: These requested changes were proposed by the Neighborhood Task Team. The reasoning behind the regulations is that of beautifying neighborhoods through improved and upgraded landscaping. While newly constructed single f ami 1 y homes must comply with minimum landscape regulations, including irrigation, existing single family homes are currently exempted from those requirements. The proposed amendments would require existing single family homes to comply with the same minimum standards as new homes, excluding the requirement to provide an automatic sprinkler system. The Task Team recommended a compliance date of October 1, 1995. Please refer to the Planning and Zoning Board Staff Reports for more detail. . , City Commission Documentation First Reading, Ordinance Amending LDRs 4.6.16(B) & (F) Minimum Landscaping--Existing Single Family Homes Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January II, 1993. David Henninger of the Neighborhood Task Team addressed the item and supported the text. There was discussion among the Board members and staff as to the feasibility of ensuring compliance by the recommended date. If it is necessary to provide specific notifications to individual homeowners, additional time will be required. If, however, homeowners can receive general notification of the ordinance through an existing mechanism such as water bills, the 1995 date is reasonable. This question has been referred to the City Attorney for an opinion. The Board then forwarded the items with a recommendation of approval on a 5-0 vote (Currie and FeIner absent) , with a recommended compliance date of October 1, 1997 if individual notification is required. If individual notice is not necessary, a compliance date of October 1, 1995 is recommended. RECOMMENDED ACTION: By motion, approve the following text amendments on first reading: The addition of the following text to Section 4.6.16(B), Landscape Regulations, Applicability: ( 5) To existinq sinqle family detached dwellinqs on a sinqle lot, which heretofore had not been required to comply with the City's landscape requirements. Such properties shall comply with the minimum standards set forth within Subsection (H) , to the extent physically possible, prior to October 1, 199-. The Chief Buildinq Official, or his desiqnee, shall inspect properties for compliance with the minimum standards and shall issue a citation in cases where the standards have not been met. Property owners are encouraged to submit plans for upqradinq prior to the date of compliance. The addition of the following text to Section 4.6.16(F)(I), Landscape Regulations, Irrigation Requirements: (lb) Existing Single Family Homes: Manually operated irriqation systems shall be allowed for single family detached units which existed prior to October 1, 1990. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD/T:CCMINLS.DOC _H PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LOR TEXT AMENDMENT RE UPGRADING OF SINGLE FAMILY RESIDENTIAL PROPERTY TO MINIMUM LANDSCAPE REQUIREMENTS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance include: * Requiring all single family detached residences to comply with minimum landscape requirements by October, 1995. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task Team (NTT). These changes were discussed in work session among members of the Board and the NTT on. June 18, 1992. Changes to the proposed ordinance have been made in order to reflect discussion and direction at that work session. ANALYSIS: . The initial proposal set forth by the NTT called for: * Requiring all single family detached residential development to comply with minimum landscape standards within two (2) years. The revised ordinance provides for the following: 1. Instead of modifying Sub-section 4 (all properties except single family detached ,jwellings on a single lot), a new Sub-section 5 is created. This allows for the separate implementation of these up-grade provisions. We note that the process for implementing the existing Sub-section 4 is currently underway. 2. Specific reference is made to Section 4.6.16(H)(1); thus, identifying the standards which are to be met. 3. While there was discussion regarding the possible need for a "reliefll board or body, no such provision is made at this time. As noted above, the implementation of Sub-section 4 has begun. Experience with that project may give further guidance as to how to administratively handle the up-grading program. ~.~\.~. . P&Z Staff Report LDR Text Amendment Re Upgrading of Single Family Residential Property to Minimum Landscape Requirements Page 2 RECOMMENDED ACTION: Take testimony and proceed accordingly. Attachments: * Draft of proposed Ordinance Report prepared by: ~~~~ . -' - -- -. ' -------.. ....- T:PZMINSF . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LOR TEXT AMENDMENT RE ALLOWING EXISTING SINGLE FAMILY RESIDENTIAL PROPERTY TO HAVE A MANUAL IRRIGATION SYSTEM ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance include: * Allowing single family detached residences which existed prior to October, 1990, to have manual irrigation systems. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task Team ( NTT) . These changes were discussed in work session among members of the Board and the NTT on June 18, 1992. Changes to the proposed ordinance have been made in order to reflect discussion and direction at that work session. ANALYSIS: The initial proposal set forth by the NTT called for: * Allowing existing single family detached residential development to have manual instead of automated irrigation systems. The revised ordinance provides for the above by: 1. Instead of modifying Sub-section (F), Sub-section (F)(l) is modified in order to accommodate the desired exemption. RECOMMENDED ACTION: Take testimony and proceed accordingly. Attachments: * Draft of proposed Ordinance Report prepared by: ~~ ~~ T:PZIRRSF 1S... .~ .\ . ~ . '. , . I ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS , ' FROM: CITY MANAGER:' ,/ SUBJECT: AGENDA ITEM # l.:t G - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 11-93/DEFINITION OF FAMILY DATE: JANUARY 22, 1993 This is first reading of an ordinance which would amend the definition of "Family" as currently set forth at Appendix "A" of the City's Land Development Regulations. This proposal has been recommended by the Neighborhood Task Team in order to further limit the number of unrelated persons who can reside in a single family dwelling unit. The current code allows up to five (5 ) unrelated individuals; the proposed ordinance would restrict the number of three (3 ) unrelated persons. Staff does not feel there have been major problems or difficulties in enforcement with the present definition of "family." Lula Butler, Director of Community Improvement, has also reported that certain other recommendations which were made to address overcrowding are already contained in existing ordinances and could best be accommodated through consolidation in an administrative operating pOlicy. A detailed staff report is attached as backup material for this item. The Planning and Zoning Board formally reviewed this item on January 11, 1993, and forwarded the item with a recommendation of denial on a 4-1 vote (Beer dissenting; Currie and FeIner absent). Recommend denial of Ordinance No. 11-93 on first reading. JJ t:LooL& /S-r ~ f' JIn;;. (me. fRndo/ph CI- m,e. mouW dSSE/)T7nc; ) . , . , I . ORDINANCE NO. 11-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A" , "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING THE DEFINITION OF "FAMILY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Neighborhood Task Team proposed a change to the existing definition of "Family" as currently codified at Appendix .IA" , "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida; and, WHEREAS, the Neighborhood Task Team requested a change to the existing definition of "Family" to further limi t the n umbe r of unrelated persons who may reside in a single dwelling unit; and, WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board, sitting as the Local Planning Agency, reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation that it not be adopted; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the change is not inconsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the definition of "Family" found in Appendix itA", "Definitions", as referred to in Section 1. 4.5, "Definitions", of Article 1. 4, "Interpretation, Enforcement, And Penalties" , of Chapter 1, "General Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Oelray Beach, Florida, be, and the same is hereby amended to read as follows: FAMILY: One or more persons related by blood, marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facili ties. In addition, Lt/t~./tA~Llt/i0~.L.t'/0tJ/Z p.t'0~'/A~/AddLtL0~AI//t0ut/p.t'0~.//~~t.IAt../t0//t~. tA~Llt/'~AII/~.//p.t~Ltt.dl/2//p.t'0~'I/A~//AddLtL0~AI t~t..//p.t.0~.//~~t.IAt~d//t0//t~.//tA~Llt//'~AII///~~ p~t~Ltt~dl//3//p~t.0~'I//A~//ad.LtL0~AI//tw0///p~t'0~. u~t.IAt.d/t0/t~~/tA~Llt/.~AII/~./p.~Ltt~dl/'/0t//~0t~ P.t.0ri.'/ari//Adiiti0riaI/0ri~//p.t;0ri/~rit~ZAt..//t0//tH~ tA~Llt/.~AII//~~//p~t~Ltt~.J no more than two (2 ) unrelated persons may occupy a single dwelling unit. The following person or persons shall be considered as related to the family (as opposed to an unrelated person or persons) and will be counted as family members: a. A person or persons residing with the family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of a court. Section 2. That should any section or prov~s~on of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. . , . I Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 11-93 I . cl( /o'-t ') L I C I T Y COM MIS S ION DOC U MEN TAT ION TO. C;;::VID T. HARDEN, CITY MANAGER THRU: ~I~;>~CTOR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER III~h~\ SUBJECT: MEETING OF JANUARY 26, 1993 ~~ FIRST READING, ORDINANCE AMENDING THE DEFI ITION OF "FAMILY." ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Section is the "Definitions II section of the LDRs in which the definition of "FAMILYII is proposed for change. BACKGROUND: This requested change is being proposed by the Neighborhood Task Team (NTT). The change would modify the existing definition of IIFamilyll to further limit the number of unrelated persons who can reside in a single dwelling unit. The definition of family has been modified twice since 1988. The present definition was adopted in January of 1991, and has created no known problems. The NTT has also proposed criteria for determining overcrowding. That criteria would provide minimum square footage requirements for habitable rooms in a household. Please refer to the Planning and Zoning Board Staff Report for the proposed text and more detail on the history of this topic. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. David Henninger of the NTT addressed the item and supported the text amendment. He explained that the definition of family was one of the tools to be used in addressing "overcrowdingll. He reported that the Task Team was advised that the other items pertaining to the overcrowding issue should be codified. . , . City Commission Documentation First Reading, Ordinance Amending the LDRs RE: Definition of "Family" and "Overcrowding" Page 2 Lula Butler, Director of Community Improvement, provided information that the present definition of "Family" has not created any problems or difficulties in enforcement except for one situation where five coliege students were living in a single family home. She also reported that the other recommended provisions regarding overcrowding were contained in existing ordinances and could best be accommodated through consolidation in an administrative operating policy. The Board then forwarded the item with a recommendation of denial on a 4-1 vote (Beer dissenting, Currie and Felner absent) . RECOMMENDED ACTION: By motion, denial on first reading. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\T:CCFAM.DOC . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LOR TEXT AMENDMENT RE THE DEFINITION OF "FAMILY" AND DETERMINATION OF "OVERCROWDING" ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LORs. The changes contemplated in the LDRs include: * Amending the definition of "family" with respect to the number of unrelated persons who may occupy a dwelling unit. Other, non-LOR, regulations would provide for: * criteria for determining the existence of "overcrowding" along with a program for enforcement including relief through appeals to the City Commission. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task Team (NTT). These topics were discussed in work session ~!!\Q!l.9~.!!\~!!'9~r". ~~,"\s~e Board and the NTT on June 18, 1992. u l r . . - <:: ,- .. t,-. n r C'- .., e d - h . I . c' ~ C'l ,. t. r' ~ - , ANALYSIS: ."..," ..:-~_:;I:.':.. ~,_>._~__:.~:_-__~,._J_l~_~_'; _'_~.. _:'0;: ~~=_ The initial proposal set forth by the NTT called for: * changing the definition of "familyll to reduce the number of unrelated persons who may reside in a dwelling unit not to exceed three (3). [Note: Three (3) was written in the staff report; however, discussion with NTT indicated that no more than three such individuals should be together. By applying the definition, the first individual is the head of the household; then two others makes a total of three --- the limitation desired by the NTT.) - .. ." -.. - - - - ~. - - . - - - - . . - - - . , ~ L.. ''\'''. \ -. \, "., 1l..~.?... '. , P&Z Staff Report LOR Text Amendment Re The Definition of "Family" and , Determination of "Overcrowding" Page 2 The revised definition would read as follows: FAMILY: One or more persons related by blood, marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. In addition, It tK4 tiitlZt ttSl't~l~t.~ 6tl Z p4t~tS~1 t1f~ ~ddltlf5rt~Z ttSodt JSf!ft~tSl't~ odriti!l~t.t!d t.tS tM4 t~itllt ~K~ll l'5-' JSf!ft~lttt!dl 2 pt!t~f5ri~1 i~ iddltltSrtil tKtf!f4 p4tttSri~ odritelAt.~d t6 tKt! ti~llt tM~IZ ~e pi!titltt.4dl J petttSrttl A~ t1fddltI6rit1f1 tw6 JSet~f5l'tt ~rttel~ted ttS tKe t~itllt tKifl1 ~4 p4fttltt4dl I tSt ~tSt4 JSi!ttf5rttl ~ri ifddltltSrtt1f1 tSl't-' JSet~tS~ ~ritelAted ttS tKe t~~llt ~KAII ~e JSe~lt.t.edl no more than two (2) unrelated persons may occupy a single dwelling unit. The following person, or persons, shall be considered as related to the family (as opposed to an unrelated person, or persons) and will be counted as family members: a. A person, or persons, residing with the family for the purpose of adoption by the familYi b. Any person, or persons, residing with the family at the direction of a court. The suggested change (by the NTT) reflects a definition of "family" which existed prior to 1988, except that four (4) unrelatec individuals were allowed to live as a family. In August, 1988, via OrdinClnce No. 91-88, the definition was changed to require a "linear" relationship and the number of unrelated persons who could live as a family was reduced to three (3). The City Attorney later advised that this (Ordinance No. 91-88) definition should be modified. .~ . ...._-::. -~ :.: -.. ---- "-- - .- ::~ .)::~:::~.~. The definition of family was again modified by Ordinance .61-90 adopted on January 8, 1991, on a 3-2 vote..~ At-"the"t.tme o'f- adoption, Ordinance 61-90 was to have been rev'Siewed'C 'fter~a six month period to determine whether or not probl~m~~hav~~~urred with its existence. From the previous report ofthe-ofrector of Community Improvement, no problems seem to exist. The definition provided through Ordinance 61-90 was processed through the initial Neighborhood Task Team. Applicable staff reports and documentation from that consideration is attached. * The other part of the discussion focussed upon the use of specific criteria for determining when overcrowding occurs. These criteria included: -- A limitation of two persons per bedroom (sleeping areas) . With one person being allowed in an efficiency (studio apartment). Living rooms and dens would be counted as .sJe~ping areas "when family size dictates". '_''':'''-:_';':=-~., ..~; _~ .o;.4"~ _..____~ ~"::'=~.d~.:'"i :':~-' ! .....:....:,... :i : -:<~~ , .7 r ~. . ~ ~, ~ ~ " : -: ~ ~'~'-: . - rb.t..J ~L.C1A."- '\.~t-'V""'\.oo LOR Text Amendment Re The Definition of "Family" and Determination of "Overcrowding" Page 3 -- Each dwelling unit must contain, at least, 150 sq.ft. of floor space in habitable rooms for the first occupant and, at least, 100 sq. ft. of additional floor space per each additional occupant. -- Every room occupied for sleeping purposes shall contain, at least, 70 sq. ft. for the first occupant and, at least, 50 sq. ft. of additional floor space per each additional occupant. -- In addition, general sanitary conditions e.g. cleanliness, appropriate garbage disposal, and overall care of the premises should be used to assess overcrowded conditions. * In addition, it was sU9gested by the NTT that the City Commission would be a body from which any persons aggrieved by enforcement of overcrowding criteria may seek relief. A major problem with the above criteria is that it does not accommodate situations involving large families which are comprised of children, as opposed to adults. Also, it may be appropriate to have a special board (three individuals) to handle appeals; thus, removing such situations from the high visibility of City Commission meetings. RECOMMENDED ACTION: With respect to proposed changes to the definition of IIfamily", given the City Commission action via Ordinance No. 61-90, it is recommended, by the Director, that the definition of "family" not be altered. With respect to addressing the matter of "overcrowdingll, this subject should be handled by non-LOR regulations. It is suggested that the Board provide any commentary which it wishes and then suggest that it would be appropriate for the Code Enforcement Board to comment on the proposed program prior to consideration by the City Commission. Attachments: * Various documents associated with Ordinance 61-90 Report prepared bY:~~ ~~ T:PZFA.~IL't '. ' . ,::::::=",:",~--==-..,=- - - ...- - -_._~ ..- - ORDINANCB NO. 61-90 AJf ORDINAJfCI or niB CITY' COHMISSION or THB CIn or OELAAY SUCK, FLORIDA, AKENDING CKAPTU 1, "GENERAL PROVISIONS", ARTICLE L 4, "INTERPRETATIOtf, ENFORCB- MENT, AJfO PENALTIES", SECTION 1.".5, "DUINITIOHS., or nut UJm DE'nLOPMEN'l' REGt1t.ATIONS or nIB COOl or ORDINJoNCU or TIm CIT'! or D2tJIAY BUCH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", RU!ALING nm DEFINITION or F~ILY, BY ENACT:NG ~ NEW DUINITIOH or FAMILY PROVIDING THAT " FMULY ~HALr. CONSIST or THOSB PERSONS WHO ARE R!.LAnD 8~ BLOOD MAJUtIAGI OR ADOPTION OR AS MANY AS rxVl UNREtAT2D PERSONS LIVING IN TKI SAKI DWELLING UNIT, PROVIDING A GENERAL REPEALER CLAUSS, PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVI DATI. NOW, THEREFORB, BE IT ORDAINID BY THE CIn COHKISSIOH or THE CITY or DELAAY BUCH, FLOlUDA, AS POLLOWS. Section 1. That the definition of "family" foun4 in "ppen<Six A as referred to in Section 1.4.5, "Definitions" of "rticle 1.4, "Inter- pretation, Enforcement an4 penaltie.", of Chapter 1, "Genenl Provisiona", of the Lan4 Development Re9\llAt1ona of the Code ot Ordinance. of the City of Delray Beach is hereby repealed. Section 2. That Appendix A AS referred to in Sec:tion 1.4.5, "Definition." of Artic:le 1.4, "Interpretation, Enforc:eaent and Penalties", of Chapter l, "General Provhlona", of t:he tand Development Re9\llationa of the Code of Ordinance. of the City of o.lny Beach is hereby amended to 1nc:l~d. family definition to read as follow.: Family. One or more person. related by blood, marr1aqe or adoption oc:cupyln9 a s1n91. dwe11in9 unit aa a sin91e housekeepinq unit and sbarin9 C:Of1I1lOn fac:il1Uea. In Addition, 1f the falll.il\ consist of: 1 person, An Additional four petsons unrelated to tbe f~11y shall be pet'1llltted; -" ':: '-:: .~.-: '. .:: ~ ::.~::' " )P;r.~~~,:;~ a,j(U~"'on&i.t~e.'~ts~na '-urirel~r~'t:oi the 'lamhv -5bal1 -be - pemi ttH,-' ~ ..... , .-,.1 L f.- 0 r . r" <:: ~-.,.,.4 ",,, _.... - - .' - - .... :." .... ..-:~.~. '-' ";-". ~-"'~:1 ~~. ~i"'\l"I,>d. f-(O, }"l.3 h 1,-1 ...1 ) Penona, U Additional two penona uni-elat84' 'to'the - r.wlly 'shall be permltte4,.. ;.'~.'.'-' _ _ _,~_.___ .'.=~__ ___.. _ .' 4 or ~re per.ona, AD AdditIonal one per.on unrelated to the talll.ily ahall be pe~tted' The followiD; penon or persOl18 shall be considued AS re1&te4 to the faJllily (as oppo.e4 to U UD%el&te4 penon or persons) an4 w111 be CQunte4 as f &mily memben. a. A person or persona resid1n9 with the falllily for the purpose of adoption by the f~ily, b. ,Any person or persona residin9 with the f~ly At the 41rection of a court. Section ~. That all ordlnancea or parta of ordln&nces Which Are ln conflict herewlth are hereby repealed. Sect10n 3. That shou14 Any sec:tlon or providon of this , ordlnanc:e or Any portion thereof, Any para9uph, nntence, or word b<< : dec:lared by a cour~ of competent.,-.jlU'hdic:t1qn; tq. ,-t!l. . 1nVAlid,~ sL;~h . decision shall not -.affect the val1dl\fr. of ,the . relll&lnder' hereof _ u a whole or part the_r!~~9t~er,\..th4n,-,~l'I. part dee1.ared.'to lbelnvalid."~' . - - - . -- - .- . - - . - - _.. -- - Section 4. That this ordinance shall become effective upon passa;. on second and final readinq. PASSED AND AI)OPTED in reqular session on secoDeS And final readinq on this the ~ dAY of J.nu..~~ A'l'1E;ST:~. " ZZf;: ,'/ J .7' ~ #:r u(,~ City Cler First ReAdinq December 4, 1990 Second Readinq January 3, 1991 . ; . , ~ 2 ., OR!). NO. 61-90 , i " ' ~ -" .' - ~ ; [ITY DF DELAAY BEA[H ~ ,~ . CITY ATTORNEY'S OFFICE ~' ~;'.~' l,r .\\ [:0.:[;[ . ::'::L~.-\Y BEACH. FLORIDA 33~~J F:\C::d\t:LE ":'1" :""\.~-~5 W~~~_~'. D~~_o~ L~n_ (407) 243-7090 MEMORANDUM Date: December 30, 1992 To: David Kovacs, Director of Planning & ZO~g From: David N. Tolces, Assistant City Attorne Subject: LDR Text Amendment: Definition of "Family" I agree with your recommendation regarding the LDR amendment for the definition of "family". No change is necessary. DNT:sh cc: Lula Butler, Director of Community Improvement family.dnt ". " , L ~. t. i_ ".. r 1 1 . '~ -":" " . ~-= &. .J. ..i .; .:.. .";,~ .....' ,.. .;. ~ - .' - . . ......-.....---.--.-- - ...... ~krn ifJ. ~ ~ "rIll:;)Y i . ., - . L : ~ ("> . , . ... ~ . " I' ~ ~ '"--... l..;,j' /. . j' . .~ ;:~ ::'.; .. ,~~_. j;~ ;:' .~ -, ,'(J n~ SO 1992 "\ "' . . __. - ..I '. <.l . ,', r i.,~~ -~X .. ;-:- t ..... I - ~ # - .. -- - - .. - - . . ~ - . . ~. . - ! -- ".' -::. : 1 :. L ;.- -:. , . ' L - ~- : : -.' -~ '. - - . . . ..... .- ! .. ... #'..- - ,. ,- I . - . C I T Y COM MIS S ION DOC U MEN TAT ION TO: SON MacGREGOR-HARTY, CITY CLERK , j \kv~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 4, 1990 RESOLUTION RE: THE DEFINITION OF "FAMILY" ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Resolution which changes the definition of the term IIfamily" as contained in the LDRs. This modification procedure is unique to definitions (other text changes require enactment by ordinance) and is allowed pursuant to Section 1.4.5 Definitions (page 1.4.3). '\ BACKGROUND: The City Commission had previously... directed that the Neighborhoods Task Team and the Plan~lng ~iid zo~.f~~ :.~qaJ!c:L;~vi"tt ,. the definition of "family" as_:~.~~~tali:ne~it:.in our zoning regulations. This direction came about as there has been some problem in the application of the. def.i~it~.on t~mh~h~j~e~~.IJlqrP.Y '.1: some individuals that it may be overly re!l.tr J~tlV$.-. e -current~,.. definition of "family" was created a' few years - ago-lit" an"effort to address the general problem of overcrowding within a structure. The Neighborhoods Task Team reviewed staff's work and supported a revised definition which calls for removal of the restriction of a "linear" relationship among members and the reinsertion of the standard related by IIblood or marriage" provision. In addition, there is a change in the number of unrelated persons who can live together with the change being from three to five. There is a provision that the number of nonrelated individuals diminishes as the number of related individuals increases. The Task Team also recommended that problems with overcrowding be addressed through further restriction.-c;h;J~~rk1J1g ~p~ US.~:-.9fr~~ot".... area for vehicles. '-f: ., I,... \-, ", c1 7 as k T<_ ~rl1 i.' l tt. ," \ ~. . - ...... '~'.r........_.~.. Attached is additional bacKground information' from the Office of Lula Butler. " ' I City Commission Documentation Resolution Re: The Definition of "Family" - Page 2 PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at it's meeting of November 19, 1990, and unanimously (6-0) recommended that the city Commission accept the recommendation ot the Task Team. RECOMMENDED ACTION: Because of the past controversy which has been associated with this item, it is suggested that a public hearing be held as is done it an ordinance were required; thus, we recommend that a public hearing be held on January IS, 1991. Further, it individual Commissioners have concerns or desire additional information, it is suggested that the item be set for a worksession discussion prior to the public hearing. Attachment: . P&Z Staft Report' Documentation of November 19, 1990 :- .;.... - ...-- .: _ ~~._-:.._~-=--':" = _: d~'~' :...~~.:: ':_', -:::,-'~-_: - - - - -- - -.. --- -' !"e- ~ ,~ f c'': ~ , . ~ ..~ .: '(. !. ~ :- ~ h .. :~ - ~ " ... r"' . - , - , O' . ':'.~ r ~. ,t' ~ : ..:. .. :'~""":~.~ -.. ,~.. - ~ . . : DJKJ,74/CCFAMILY ;..";J: .s~~ -:;.C:: i..()n. J.'t.c -,Orr,ill.:i.510n .1':'30 ':;::::.."["5 r ~- =-.:; " - :-, ), ")~.. .L.C , ~ ... - (: " -. ~ ~ ''''; :: "~ . _. -~ -- ----- -~-- ---- - -,-~- . - .-.-.- . .. : -. .-- . - - - - - -.. '. '-. ~ ~.. . _ ::e.:' . l' . 0 , ,. . - . . . '. . ,. .. t,-, .\"\"j , ....~ . ~ ..( t- o ."'" c. P&Z BOdrd Minutes , Novembe_ 19, 1990 _. Page 6 Since it was now 7:00 P.M. the Public Hearing commenced. III. PUBLIC HEARING ITEMS: A. Consideration of Changes to the Definitlon-of'wFamily" as it Pertains to Land Use: Mr. Kovacs presented the following brief history: The City had a standard definition of "family". Several years ago the City had concerns regarding overcrowding. It is very difficult to enforce the definition of family since people claim to be related; therefore, it was difficult to correct an overcrowding situation. The definition was changed many times until finally a "linear" definition was adopted. Since many have found that the lineal relationship definition to be overly restrictive, the City Commission has directed the issue to be revisited. Staff reviewed the history and how other communities have addressed the issue and provided that information to the Neighborhood Task Team for a recommendation. After review, the Task Team fully supported staff's recommendation. Ms. Lula Butler, Director of Community Improvement, was present and responded-to .i..questiQns; .o.f : _the_poard.;.~~~mb~~8, including a clarification of the interpretation of - a landlord permit;-~ ...-..,...--.!, u.': ,'" .r. ..~ :-,..~~ ;.-:,..:r;.".."'.....,.. :. ~ '. ed::h staft '~Or..~Hr.te~ Jn~etlr.g are a...." , - ,.'- . J' .... . ~ ~~....C..t:H,' 1.'..IL r '= After considerClble- ~ $i18c\.!.sslon~, 'iti ,~wa8:-_movec:le ~y...."..:...c,;Beer, . seconded by Mr~'-curile-- and pasS'ed~r6'4t-:-.<tQ recommend to 'the City Commission adoption of the new definition, as proposed by staff, and directed staff to seek other avenues through which adverse impacts of overcrowding can be mitigated and controlled. Referral of Pro sed LDR Amendment Truck in Residential Areas from the : Mr. Kovacs int ed the item to the Board and stated that the City Commission, t its meeting of November 7th, considered the Planning an ning Board's recommendation but did not take action on it. r reviewing the issue further at a worksession, the Commissio remanded the item back to the Planning and Zoning Boa nd the Neighborhood Task Team for their consideration of hardship circumstances. " ' - ;.~ - MEMORANDUM TO: DAVID KOVACS - DIRECTOR, PLANNING , ZONING " FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENTLtJ SUBJECT: PROPOSED REVISED DEFINITION OF FAMILY DATE: NOVEMBER 12, 1990 pursuant to the direction of the City Commission, the staff committee has completed its analysis of the current definition of family and is proposing the attached revised definition for p , Z's consideration. The staff committee's recommendation was before the Neighborhoods Task Team for their consideration on October 4th and again on November 8, 1990. The consensus position of the Task Team was that the definition . of family as proposed by staff is sufficient and they support it as proposed. However, in addition to the revised definition of family, the Task Team would like P' Z to consider other ordinance amendments such as prohibi tinq parking' on unpaved or unimproved surfaces and front yards. The Task Team is of the opinion that the proper control of parking problems that are apparent with overcrowded conditions, is a better tool used jointly with the definition of family to control overcrowded conditions in our single family neighborhoods. . " .. . - . - - - - - . .: :..: ;.~ ~ .-, =~ . ,.,:-1..1 ~ ..' .~ - r f" _.: - --. - - .:... -- w '- - r .. - -...... The memorandums from the Code Enforcement Administrator detaili~ - . each staff committee meeting ar'e -aeta~h'ed-fo"r--rererence-m'aterra . _.LA - It is my understanding that the:p~opos~ ~revised,definition will be before P , Z on November 19th. - - LB:DQ Attachments 0/8 Family.OK '"""~ ~,- - - -~J . . . - . ' . , ....,......~. . . .,I . . ~]"..~ -1 "._~;'. -:'..:~. ~ ('.:..~:"'~i 1,-';; <,.n"- .'-.'- ~ J' ; i j -:- ~ .-. tv'" .." ." - . '" .. CJ. _;'~;' j E ': c' ,~ l0 \ I I ", '. '.~' ~ '.' .. . L .n.:' r' r ~ { ;. ' " - I: .: '. -; '1. t,' C ' '1.." ,. .... ~ .)f ({c~r I'::': .. . :', t . . .. - . " , - - ,.. . - . -..... ,//- .--' H' t)..Jj .....'".' c- 1 ,,"^ ~ N' .~. .. ~ LJ,.). ,-V",- - '.: \U-':::. ;,";'; I: i~'_l.e", '- ~":J. ~'\.Ll ,.......,.rc: ,1:..... .. n- . ' ("\ t\4" c......: I~~ 0 ;'l ~ Co ~ ~"""'.; : ~ "..,J ,,,:-~ 0 ,: ~ : "-'~ . 0 o' I I \00, I' / . ,'S J "c rl ) ~ .,).J,.J-'- .J:'': ,0, t :.' ,'.': '-' · >- .t Ie, lo 7 t; ,~ 1'\ ..... "" ' . ~ DEFINITION. ",,\ ~ \\~f. \ Family. One (1) or more 0 persons iallediatel-y related by blood, marriage or .adoption and living as a single housekeeping unit in a dwelling shall constitute a family. -A family may lftelude, in addi-tiou, uot. more th;tn tA-Eee (3) pcr-sons tJhn Are unrela~ The following persons shall be considered related for the purpose of this title: (1) A person(s) residing with a family for the purpose of adoption, (2) Not more than five (5) persons under 19 years of age, residing in a foster ho~e licensed or approved by the State of Florida, . .. - . (3) Any person who is living with a family at the direction of a court. --' I 0 ^ ',,', '. I . , .....1...,. ...... ... ..... _ PROPOSED DEFINITION: . Fam~. One or more persons related by blood, marriage or adopt10n occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. In addition, if the family consists of: * 1 person, an additional four persons unrelated to the family shall be permitted, .,'"., ,:. ~ ~ .. I. '..1 * 2 persons, an additional three persons unrelated to the family shall be permitted, .. h___ --d.L.-'_...., :0' .......=.,. '.....!ard .. :,.'rr1." t~ I * 3 persons, an additional two persons u~~~lated t~the f~mily shall be permitted, . - --- ----. ~.._. .... -.._:":'.'..- .::--- * 4 or more persons, an additional one person unrelated to the family shall be permitted. The following person or persons shall be considered as related to the family (as opposed to an unrelated person or persons) and will be counted as family members: a. A person or persons residing with the family for the purpose of adoption by the family, b. Any person or persons residing with the family at the direction of a court. "'," Y_l!l.? ~.i.~r 0/8 Family.OK 2 I' . ~ K E K 0 RAN D U K TO: Lula Butler, Community I.provement Director M FROH: Richard Bauer, Code Enforcement Administrator SUBJECT: FAMILY DEFINITION DATE: September 20, 1990 On September 20, 1990, the final meeting of the Family Definition Co~ittee vaa held. The consensus position of the Committee Hembers vas to recommend the following definition of IIFamily:" Faml1I: One or more persons related by blood, ..rriage or adoption occupying a 81ngle dwelling unit as a single housekeeping unit and sharing common facilities. In addition, if the family conslsts of: . 1 person, an additional four persons unrelated to the family shall be permitted. . 2 persona, an additional three persona unrelated to the family shall be permitted. ~ . 3 persons, an additional two persons unrelated to the family shall be . permitted. . 4 or more persons, an additional one person unrelated to the family shall be permitted. The following person or persons shall be considered as related to the family (a. opposed to an unrelated person or persons) and will be counted as family membera: a. A person or persons residing with the family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of a court. Aa the Family Definition Committee has recommended a revised Pamily Definition, no further Committee Keetinas will be held. t wish to thank all Committee Members for th,i~ input and attendance at the Committee Heetings. RB:mh cc: Jeff.Kurtz, City Attorney Susan Ruby, Assistant City Attorney Jerry Sanzone, Chief Building Official David Kovaca, Planning and Zoning Director Dorothy Ellington, Community Development Director Mike Cato, Fire Chief Emmanuel Guerrier, Code Enforcement Officer 00 S~ 2 1 K ! K 0 RAN D U K lOa Dhtrlbution W FROK: Richard Bauer, Code Enforcement Administrator SUBJECT: FAMILY DEFINITION COMMITTE! - SECOND KEETINC OAT!: August 28, 1990 On Augult 24, 1990, the Family Definition Committee held its~econd meeting. Thi. writer was assigned the task of drafting a family ordinance based on the discuslionl of the committee. Attached please find a draft of what I believe repreaenta the coni ensue opinion of the committee al to definition of family. I would appreciate each committee member reviewing the attached in order that recommended revilionl can be dilcusled at a third committee meeting which I will schedule in approximately two wee ks . Agaln, thank you for your participation. .---.--- - ---. - .' . .. - - --- - - - - - - - -- ~ - . - , 'a.lly: One or more persona related by blood, marriage or adoption occupying a .ingle dwelling unit al a .ingle houlekeeping unit and .haring common facilltie., or alternatively, if the faml1y consllta of: . 1 perlon, an additional four persons unrelated to the family shall be permitted. . 2 perlon., an additional three persona unrelated to the family Ihall be permitted. =.. - ''='''. -.....- -.."'!;;'. "."'"" -_~ '_ ;t,.... .~~.:.;.'- - _-;1,.. =-":1: :_ .:. ~ s ,1 ":: (..f' ':-'f; r.~,.t~,.....~ t'Jrr~.>: , . 3 persons, an additional two persons unrelated to the family shall be permitted. .... ~. - :.J\'!:' '. \ ~~~; '.','\.'':':', 'J~ H'lJ:e a' '3~._~.., 11~lta:'i.:n .19. ~ ..~ttJ -\f' H':le'/ 1rl:::':"'! ,"a: 1..- . ' . 4 or more perlona, and addictonal- one- peT80nuftrel.c.ct. to -t1te.:. hllil,.-: .:: ....: :_--' shall be permitted. _..___ ,.,. -- .n._._ The following perlon or paraons ahall be constdered as related to a family.. opposed to an unrelated peraon or persona: a. A person or peraona reaiding with the~family for the purpose of adoption by the fa.lly; b. Any person or peraons restding with the family at the direction of the court. RB:.h cc: Lula Butler :: - '- , .~ L':"'''-~_-;.:;_ _ .~~.-._ - - ,. - . . , . v,. .;.: ~ '. ere ",', v:, : ~ 'J 1:. t f ....._;r~~ T'-,"J_'.4--:1~_c .,; _..:....;.'~i.~ ~... . - r....:\,. I' . _ '- : "'''1('. ':J"If\~" "){I' e 1 ''''11: "'/el' It '- 'in(1lot"d ~i an_ I 'f ' l- -. '-" . , ," ':A'~ ~ M E M 0 RAN 0 U H ~~~( TO: D1etribution lV FROM: Richard lauer, Code Enforcement Administrator {LJ , SUBJECT: FAMILY DEFINITION COKHtiTEE - FIRST MEETING RECAP DATE: August 2, 1990 On July 27, 1990, the firat meetlng of the Faml1y Deflnition Review Committee wa. held from 10:00 A.M. to 12:00 Noon. Without attempting to reiterate every item discussed, I believe there wa, consensue among the committee members that the City'. current definition of famtly ie too restrictive. For the most part, it appears that committee members believed that a faml1y should be defined a8 people related by blood or marriage plus individuals ln special categories (e.g., a person living with a family for the purpose of adoption or at the direction of a court or foster home 8ituation - see 173.001,. DeUnitiont. "Family. ") plus one or more unrelated individuals. A family could also cons18t of a number (3 or 4) of unrelated people living together. The above is 8imilar to the City's previous definition of single famlly. Several other matters were discussed: 1. Whether or not 80me square footage per occupant criteria should b. utilized with a proviaion for a waiver for ascertainable hardship a1tuatlon8. I believe that moat committee member. were not in favor of thia - although the matter can be further discus8ed. 2. Whether there could be some absolute limitation on occupancy of ten tal units. The City Attorney indicated that it would be poa8ible to impose such limitation. (The current Landlord Permit Ordinanc., Section 111.03(8) atatea ... "that number (of persona) ,hall be no more than two per bedroom plua two additional persona per unit, provided nothing in this .ection shall permit ths rental of a unit in a manner which violates the definition of f.mily.... Th1a aection shall not be interpreted to prohibit a landlord froa renting a unit to a f.mily a. defined by 113.001." The wording of the ordin.nce it unusual but aeema to indicate a landlord can rent a unit to .n unlimited number of person. providing they meet the ".lngle family definition" in the case of a "Uneal relattonshtp" family. Obviously, the current ordlnance also defines a family a. no more than three ()) unrelated individual. .0 for the "unrelated" family portion of the ordinance there would be a "ca~' on occupancy). In light of the above, I believe further discussion is required to determine whether there should or could be an occupancy cap on rental units regardless of whether the occupancy i. a s1ngle family (e.g., should there be a limit even if a landlord wiahes to rent to ten (10) 1 , related persons?). 3. Whether or not vehicle parkins restrictions ahould be enacted or recommended: a. prohibit parking in right-ot-way areaa durins certain times, b. prohibit parkins in vacant lots, and c. prohibit parkins on other unpaved or unapproved surfaces (front yard, back yard, etc.). SUMKAJlY . I believe that one more meetini of the Faml1y Definition Review Committee vill be necessary prior to preparing a final recommendation to revise the current ordinance. , At the next meetins. which I viII schedule, it would be beneficial if each committee member vould prepare hi. or her recommendation on a family definition ordinance. Yor informational purposes, I have included below the City's Definition of "Yamily" that vae in effect juat prior to the current definition (which i. contained in ordinance section 113.001): , FamUy. One (1) or more peraons i.-ediately related by blood, marriage or adoption and livinS .s e ainsl. housekeep ins unit in a dw.lling sh.ll constitute a family. A family may include, in addition, not more than three (3) persons who are unrelated. The followins persons shall b. considered related for the purpose ot this title: (1) A personCe) residing with a family for the purpose of adoption. (2) Not more than ftve (5) person. under 19 year. of age, rea1d1ns 1n . foster home licensed or approved by the State of Florida. (3) Any person who i. livina vith a faaily at the direction of a court. I wiah to thank every commtttee member for their interest and participation in the first committee aeetinl. RB:ah cc I Lula Butler .a .. DISTRIBUTION: Jeff Kurtz, City Attorney Jerry Sanzone, Chief Buildins Official David Kovaca, Planning' Zoning Director Dorothy Ellington, Community Development Director .Hike Cato, Division Chief-Ffl Emmanuel Guerrier, Code Enforcement Officer AlG 0 3 90 2 '! ' , , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (/71 / SUBJECT: AGENDA ITEM # I~ II - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 12-93 DATE: January 22, 1993 This is first reading of an ordinance amending the Land Development Regulations to provide additional criteria for granting a variance in Historic Districts. This requested change came about as a result of a workshop discussion among members of the Historic Preservation Board, Planning and Zoning Board and the task team looking at the Old School Square Historic Arts District regulations. The reason behind the amendment is to provide addi tional f lexibili ty to promote the adaptive reuse of structures within Historic Districts. The Planning and Zoning Board at their January 11th meeting recommended approval of the amendment. A detailed staff report is attached as backup material for this item, Recommend approval of Ordinance No, 12-93 on first reading, ~ 3-0 " ' , ORDINANCE NO, 12-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4,5,l(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of providing additional flexibility to promote the adaptive reuse of structures within historic districts; and, WHEREAS, pursuant to LDR Section 1,1,6, the Planning and zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163,3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers t,he objectives and policies of, the Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That Chapter 4, "Zoning RegulationsW, Article 4,5, "Overlay and Environmental Management Districts", Section 4.5,1, "Historic Preservation Sites and Districts", Subsection 4,S.l(J) , "Historic Preservation Board to Act on Variance Requests", of the Land Development Regulations of the Code of Ordinances of the City of De1ray Beach, Florida, be, and the same is hereby amended to read as follows: (J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2,2.6 (D) , the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board ;~iII may be guided by the following Lft/ /A..i.ttr/JnI /tr/J as an alternative to the criteria normally used by the Board of Adjustments, (1 ) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare, (b) Special conditions and circumstances exist, because of the historic setting, location, nature or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places, , ' ~ (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site, (d) The variance requested is the minimum necessary to ~A!~t.!~//t~. pt...tYit!~~///0t preserve the historic character of a historic site or of a historic district, (2) Or, as an alternative to subsection (J) (1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: ~ A variance would not be contrary to the public interest, safety, or welfare, (b) The variance would not --- significantly diminish the historic character of the Historic District or Site, lEl That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site, (23) The Board shall otherwise follow all proceduresl and impose conditionsl/A~./~.X.//tLridL~~. as required of the Board of Adjustments, Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 3, That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed, Section 4, 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 , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No, 12-93 , C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, CITY MANAGER THRU. CAJD~V~R DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER I~~~ SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.5.1(J) TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations ( LDRs) . The affected Section is: * 4.5.1(J): Historic Preservation Board to Act on Variance Requests BACKGROUND: This requested change came about during a workshop discussion among members of the Historic Preservation Board ( HPB) , the Planning and Zoning Board, and the task team looking at the OSSHAD District regulations. The reasoning behind the regulation is that of providing additional flexibility to promote the adaptive reuse of structures within Historic districts. Please refer to the Planning and Zoning Board Staff Report for more detail. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. Mr. Sandy Jamison of the HPB addressed the item and supported the amendment. Mr. Jamison also suggested that the additional criteria for granting " , .. City Commission Documentation First Reading, Ordinance Amending LDRs 4.5.1(J) Criteria For Granting a Variance in Historic Districts Page 2 variances in historic districts be allowed to be used as an alternative to, rather than in addition to, the criteria used by the Board of Adjustments. The Board then forwarded the item with a recommendation of approval on a 5-0 vote (Currie and Felner absent). RECOMMENDED ACTION: By motion, approval on first reading of the following amendments to LDR Section 4.5.1(J): (J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(0), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board aMal1 may be guided by the following iri additi~ri t~ as an alternative to the criteria normally used by the Board of Adjustments. ( 1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district ri~t nor listed on the Local Regis~er of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) The variance requested is the minimum necessary to Iila.hitain tMe JSteaetYati~n ~f preserve the historic character of a historic site or of a historic district. ( 2) Or, as an alternative to Sub-Section (J)(l), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: City Commission Documentation First Reading, Ordinance Amending LDRs 4.S.1(J) Criteria For Granting a Variance in Historic Districts Page 3 (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not siqnificant1y diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary . to effect the adaptive reuse of an existinq structure or site. (23) The Board shall otherwise follow all procedures' and impose conditions' and maXe fIndIng. as required of the Board of Adjustments. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\T: CCHISVAR. DOC '. ' - . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS ITEM BEFORE THE BOARD: The item before the Board - -1s that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated will accommodate the granting of a variance based upon a basis dealing with "adaptive use". This criteria would be applicable only within Historic Districts or upon Historic Sites. BACKGROUND: The need for special relief for adaptive particularly - reuse, within the older sections of the community and in the historic districts, has been an item of discussion for quite awhile. These discussions were, perhaps, most intense early in 1991. After some joint meetings with the City Commission, Historic Preservation Board, the Planning and Zoning Board, and others, a commitment to look at the situation was made. Subsequently in task team meetings by the group looking at the OSSHAD District, there was an apparent conclusion that, based upon a review of actual variance considerations, additional criteria was not needed. . . . the record showed that most variances which were applied for, within Historic Districts, were granted. Later, at a worksession discussion with task team members, representatives of HPB and OS SHOD and the Planning and Zoning Board the issue was raised again and it was thought that it would be appropriate to establish a special criteria focused upon "adaptive reuse" and that it be applied only within Historic Districts. This subject is raised, concurrently with proposed amendments to the OSSHAD District. TEXT AMENDMENT: PROPOSED AMENDMENT TO SECTION 4.5.1(J) FOR THE PURPOSE OF BROADENING THE BASIS UPON WHICH A VARIANCE CAN BE GRANTED WITHIN HISTORIC DISTRICTSI Section 4.5.1 Historic Preservation Sites and Districtsl (J) Historic Preservation Board to act on Variance Requests I Pursuant to the powers granted in Section 2.2.6(D), 1\..., <:. ~ . \ P&Z Memorandum Staff Report LDR Text Amendment Re Additional Criteria for Granting a Variance in Historic Districts Page 2 the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board shall be guided by the following in addition to the criteria normally used by the Board of Adjustments. (l) That . a variance is necessary to maintain the historic character of propertyxhrough demonstrating that:- .. - .-- ---- -- - - . - ------ . - - (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the' land, structure, appurtenance, sign or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance request is the minimum necessary to maintain the preservation of the historic character of a historic site or of a historic district. ill Or, as an alternative to Sub-Section (J)(l), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. ( c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. 'W ' I . ' P&Z Memorandum Staff Report LOR Text Amendment Re Additional Criteria for Granting a Variance in Historic Districts Page 3 (Z}) The Board shall otherwise follow all procedures, impose conditions, and make findings as required of the Board of Adjustments. ANALYSIS/BASIS FOR THE PROPOSED AMENDMENT: The reason being the above proposal is to be able to accommodate variances based upon a finding pertaining to accommodation of adaptive reuse of a structure. While this new criteria will be mainly imposed upon properties which have no historic significance themselves, it will also apply to the adaptive reuse of historic structures. In the first instance, without the proposed amendment, only the standard variance criteria would apply. That criteria is not suited for accommodating the unique objectives of mixed use districts such as OSSHAD. Also, due to the unique nature of OS SHAD (the only true mixed use zone district currently in the LDRs, besides SAD), some historic structures may be hindered in efforts of adaptive reuse due to site constraints not associated historic features [i.e. current basis for a variance - ref (J)(l)]. RECOMMENDED ACTION: By motion, forward the proposed changes to the LDRs which expand the variance authority within Historic Districts when based upon consideration of "adaptive reuse" along with a finding that the proposed change is consistent with the Comprehensive Plan and furthers Objective A- the Future Land Use Element. Report prepared by: DJK/PZVARI.DOC I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER l'l\. I SUBJECT: AGENDA ITEM # leR I - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 13-93/0SSHAD DATE: JANUARY 21, 1993 This is first reading of an ordinance which amends the Land Development Regulations by proposed changes to the entirety of the Old School Square Historic Arts District (OSSHAD) . Direction to reevaluate the OSSHAD district originally came from a workshop session involving the City Commission, the Historic Preservation Board and others. A special task force was subsequently created, with the proposed ordinance being the culmination of these various efforts. The Planning and Zoning Board formally reviewed this item on January 11, 1993, at which time certain concerns were raised as to the degree that retail use would be allowed within OSSHAD. Hence, consideration was continued to January 25, 1993, although discussion at that time will be limited to the retail issue, with the Board being supportive of the proposed amendment in general. A final recommendation will be made on the 25th and will be reported to the Commission on January 26, 1993. Please refer to the attached staff report for more detail and a complete listing of proposed changes. I do have concerns, however, about the drastic reduction in parking required for restaurants from 12 spaces per 1,000 sq. ft. to 4 spaces per 1,000 sq. ft. I am fearful we will have some severe parking problems as a result. Recommend consideration of Ordinance No. 13-93 on first reading, subject to receipt of a final recommendation from the Planning and Zoning Board and consideration of the parking issue raised. Isr ~>L1 ~td ~/ql9'3 b; o.lf.Jxd /Tnr.fl.{. ~ r ~ ~ r1-2 So<ud~ rJ. A-UOht.dX.uv:la.L,,~ (' fu8Ut!- /-IFAeln~ -!o 6E hf,lc! M /.sr ,e~O ()"'-~ /l) P.et ate. n077t! E, 5-0 ~f( ~'f-2) , . :/1( L7'\- \ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER VV~ VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING, ORDINANCE AMENDMENT RE OSSHAD ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an ordinance which amends the LDRs on first reading. The proposed changes are to the entirety of the Old School Square Historic Arts District (OSSHAD) Zone - Section 4.4.24. BACKGROUND: Direction for taking a complete evaluation of the OSSHAD Zone District came from a meeting among the City Commission, the Historic Preservation Board and others. To assist in addressing the matter, a special task force was created. The major items being addressed, at this time, include: * expansion of the range of allowable retail uses * clarification of mixed used upon a specific parcel and/or within a structure * accommodation of the Bankers Row Master Plan * change in parking regulations and making the in-lieu fee option available. Please refer to the Planning and Zoning Board staff reports (attached) for more details and a complete listing of proposed changes. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January 11th. Three individuals (Fulton, Jamison, Weiner) generally supported the changes but did express concerns with the degree to which retailing would be allowed. One individual (Finst) raised concerns about some of the requirements which were being deleted (e.g. boundary separation, parking between structures and the streets, expansion of retail use) . , , , . City Commission Documentation First Reading, Ordinance Amendment Re OSSHAD Page 2 Due to the concerns dealing with retail use, the Board continued its consideration of the amendment to its meeting of January 25th. However, the Board did support the proposed amendment and intends to limit its discussion to the retail use item. The Board will make its final recommendation on the 25th; and, that action will be reported at the City Commission meeting. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Subsequent to the Planning and Zoning Board meeting, the C.R.A. conducted another review of the proposed amendment. At this time they provided the following: * support for the expansion of the retail uses * opposition to the deletion of colleges, seminaries, universities from allowable conditional uses. RECOMMENDED ACTION: This item has been scheduled for first reading at this time because we provided a dual-notice for the public hearings at both the Planning and Zoning Board and for the City Commission. Thus, the public hearing should be held on February 9th. Given the above situation, it is recommend that, by motion, the amending ordinance be approved on first reading. Attachment: * P&Z Staff Report & Documentation of January 11, 1993 * Ordinance by others DJK/T:CCOSSHAD.DOC I ORDINANCE NO, 13-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4,4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of encouraging the orderly, yet innovative, development and redevelopment of the Old School Square Historic Arts District; and, WHEREAS, the City Commission of the City of Delray Beach wishes to promote the preservation and adaptive reuse of all structures within the District; and, WHEREAS, pursuant to LDR Section 1.1,6, the Planning and Zoning Board reviewed the subject matter at its meetings of January 11, 1993, and January 25, 1993, and has forwarded the change with. a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (cl, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4,4, "Base Zoning District", Section 4,4,24, "Old School Square aistoric Arts District (OSSHADI", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4,4,24 Old School Square Historic Arts District (OSSHAD) (A) purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a mixed use district which is intended to: * Provide for mixed uses of residential, office, and atts t~IAt~~ commercial activities that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the 01. Si~001 S~uat. ~L8t0tit 0UttLtt ~; * Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old De1ray Beach"; * Improve the environmental quality and overall liveability of this Historic District and stabilize and improve property value therein, and; * Allow uses which promote preservation and adaptive reuse of all structures within the District, (B) Principal Use and Structures: The following types of use are allowed within the OSSHAD as a permitted use: (1) Residential uses of single family detached dwellings and duplexes. , . . (2) Business, Professional, and Governmental Offices, (3) Retail sales t~t0ui~//;p.tiAILt1//;~0p.//~.LriiI~ putp~;./~~;L~~.;.;r/;ut~//A;t/~AtK//;~0P'I/~0~K//;t~t.;I/iLtt//S~0psl tl~tL.t;J/~~~~t//'~~p.I/~Ltt~e~//;K0p.I/~~utL~~.'I//~Li1ile/'~0p, of general merchandise as allowed in the Central Business Zone (CBDT District [see Section 4,4,18(B)], ~.r tK~/pt.p.tAtL0~//~t/'p.tLaltt//i0u~.t/t00.;//Ari. tK~lt/;.I./.LtK.t/t~t0uqK/iAt.tL~i/0t/~Lt.tt/;.I.;/~eJi'I/A/iAterJ (~!) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass, (15) Educational and/or Instructional fAiLlttL.; activities including training, vocational, or craft schools, t0II.ie;I//;.~L~Att..I///u~it~t;ttL~;I the artsL A~. personal. developmentL t~;tLtutL0~;1 and libraries, museums, and social and philanthropic institutions. (76) Restaurants ~~JiJI of a sit down nature such as a cafe, snack shop.~ full service dining, but excluding any drive-ins and/or drive-through.r facilities or features, (87) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists, (f!) Bed and Breakfast Inns, ~10r WLt~L~/t~~//t~II~wL~i/.~;itL~~.//At.A../t~~//~se; AII0w~./A./p.~Ltt~./u.~;/L~//S.itt0~/4J'JI8~8r/put'UA~t/t~/t~.//~AS~ .L;ttLit/a~~//;p~tLAI/pt0tL.L0~'//0t//t~./~.rittAI//8~sL~..;//0L;ttttt t~i~IatL~~;/;~.II/AI;0/~./AII0w../L~/t~./0S$~0J ~ar t0t;/13fI61/810i~/60 ~~r t0t;//If/'1/810iK/61 ~ir t0t.//lf/71/8I~iK/6f ~~r t0t;//7f/81/810tK/73 ~er t0t;//lf/61/!I0iK/76 (C) Accessory Use and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as its principal use a non-residential use, there may be one A single family residence, either within a separate structure or within a structure housing a non-residential use, provided that one of the t~.L.~~i~/Ls//0it~pled ~t/tH~ situations exists: ~ the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the propertyJ;or, 121 the business is owned, or operated, by the owner of the parcel; or, - 2 - Ord, No, 13-93 I (c) the residence is occupied by the owner of - the parcel. (3) Family Day Care, (4) Parking lots and refuse storage areas, (5) Outdoor dining areas which are accessory or supplemental to-a-restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: ~IY ~~;L.~~tLAI/u~Lt./wLt~L~//A/$ttuttut.//t0~tALrilri! p.t~ttt../~0~te;Ld~~tL.L//u..~;1/pt0tld.d//t~At/t~.//t.;Ld~ritiAL//~.~ d0.'/~0t/~ti.../S01/0t/t~.//~t~;;/tL00t/At.A/~t/t~~/;ttutt~te//wLt~iri w~L~~/t~~7/At./I~iAt.dJ (1) The existence of more than one residential use on a parcel upon--which there is mixed use (residential and non-residential usage), More than one residential unit may be located within a mixed use structure, ~ On a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C) (2), III Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant, (2!) Adult congregate living facilities, Alcohol and Drug Abuse treatment facilities, Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes, (31) Parking lots not associated with a use, (E) Review and Approval Process: (1) All principal uses and accessory uses thereto, which do not require a permit for external modifications shall be allowed upon application to, and approval by, the Chief Building Official, (2) Structures which require a building permit for external work must receive approval from the Historic Preservation Board through the issuance of a Certificate of Appropriateness. (3) For new development, approval must be granted from the Historic Preservation Board pursuant to Sections 2,4.5(E), (G) and (H), (4) Conditional uses must be approved pursuant to Section 2,4.5(F). Prior to action by the Planning and Zoning Board, the use request must be reviewed by the Historic Preservation Board with a recommendation forwarded by them. (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4,3,4 apply, except for: t~~.~//at.A;/i..~tLfi~.//iri/S~~;~etL0~//~~1~101/w~L~H//.~AII//~~ s~~I.it/t0/t~~/$tA~.Atds/cf/t~e/t~0/Z0~e/0L.ttLttJ Jll The following locations shall be sub;ect to the standards of the CBD Zone District: - 3 - Ord. No, 13-93 ~ = ~ Lots 13-16, Block 60 lEl Lots 1- 4, Block 61 lEl Lots 1- 7, Block 69 (d) Lots 7- 8, Block 75 (e) Lots 1- 6, Block 76 Jll Parcels located along N,E, 1st Avenue between N.E, 2nd Street and N,E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4,3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive, (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: III Parcels located along N,E, 1st Avenue between N,E, 2nd Street and N,E, 3rd Street (Banker's Row) shall comply with either provisions of Article 4,6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive, Jll The perimeter landscaping requirements of Section 4,6,16(H) (3) (e) shall not apply, (21) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley, No such parking shall be located in the area between any street and the closest building or structure, Where there are existing buildinqs or structures, ~0w.y.tl/the Historic Preservation Board may waive this requirement.during the site plan review process, provided that it is determined that compliance is not feasible and that the t~;Ld~~tLAI character of the area will be maintained, If approved, such parking shall be substantially screened from off-premises view by a hedgel or decorative fencing, At/l.A;t//t~nt t~~t/Ln/)i.L@~tJ (14) a~;Lri~;;////Ari.////pt0t.;;L0~AI////0ttLi~; All non-residential uses shall provide one parking space per 300 sq.ft. of total ~ floor area or existing floor area being converted to non-residential use, This requirement may be reduced to one parking space per 400 sq,ft, of total floor area, or by at least one space, where there is a mix of residential and ~ttLt~ non-residential use in the same structure, liL If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4,6,9(E) (4), the in-lieu fee option provided in Section 4.6,9(E) (3) may be collected, For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district, ~31 WLt)iLn/t~~/at~A/d~'~@~At~./~t/Su~s~ttL0n/~a1^101. t)i./A~~t./~ti.ptt0~;/s~~lZ/~0t/APPZtJ ~ Special District Regulations: III Residential units within a structure containing permitted nonresidential use(s) shall not use more than 50% of the qross floor area of the structure within which they are located. ill Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships, The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel is non-residential, - 4 - Ord. No. 13-93 , , --- Section 2, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid, Section 3, That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4, That this ordinance shall become effective ten (10) days after its passage on second and final reading, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 5 - Ord, No. 13-93 ,. , PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: II.C.5. Consideration of Amendments to the Old School Square Historic Arts District (OSSHAD) I T E M BEFORE THE BOA R D: The item before the Planning and Zoning Board is the consideration of several proposed amendments to the Old School Square Historic Arts District, and the making of a recommendation(s) to the City Commission. B A C K G R 0 UNO: The proposed amendments to the OSSHAD have evolved from a long history. Please refer to the attached write-up on the history of this subject for a chronology and details. The changes being proposed at this time pertain specifically to OSSHAD. They are primarily driven by direction from a July, 1992, meeting among members of the Planning and Zoning Board, the Historic Preservation Board, the Old School Square Homeowners Association, and a special review committee. A N A L Y S I S: The items addressed in this staff report are organized as follows: 1. Purpose statement 2. Retail Use 3. Accommodating Mixed Use 4. Outdoor Dining 5. Accommodating the Bankers Row Master Plan 6. Applicability of Perimeter Landscaping Requirements 7. Parking Regulations and Addition of the In-Lieu Fee Option 8. Retention of Residential Usage. Other changes shown on the attached mark-up of Section 4.4.24 are self-explanatory. Another related item, that of an expanded' basis upon which to grant a waiver of development regulations, is addressed in a separate, but accompanying, staff report. \\.t.S . P&Z Staff Report OSSHAD Text Amendment Review Page 2 Several other items which were discussed in the review and preparation of these recorrunendations apply to all historic districts and not, just specifically to OSSHAD. Those items include: fencing height and materials, fence locations, fence and hedge combinations. This consideration was deferred to inclusion as an amendment to the Historic District Overlay regulations. 1- Purpose StateMent: Changes are shown which provide more emphasis upon general commercial (retail) usage, as opposed to an "arts and crafts" emphasis. This emphasis is furthered by language which places adaptive reuse on a footing with preservation. 2. Retail Use: The restrictions upon specialty shops and single purpose retail shops is deleted from Subsection (8)(2) and the sale of general retailing merchandise is accommodateJ This change is consistent with the direction from the July 27, joint meeting. Since, the allowables are expanded to accommodate those in the CBD, the special provision [formerly (10)] for properties along Atlantic Avenue is deleted - it is no longer needed. The intent of this amendment is to increase redevelopment interest by removing the single purpose business stipulation and thereby expanding commercial/retail business opportunities. The rationale for this change is the feeling that the single purpose stipulation is restrictive and may act as a deterrent to locating viable businesses within the District. The removal of the single purpose stipulation represents a change of the intent of the Historic Preservation Board when OSSHAD was initially considered and created. Specialty shops were represented, at that time, as projecting the image the Board wished to establish in the District. 3. Accommodating Mixed US8' Just how to accommodate mixed use (residential and non-residential) has been one of the most controversial and complex matters discussed throughout OSSHAD's history. While mixed use within a structure and on a single parcel is acceptable, the consensus is that there should be some limits or controls. In the situation where there is a reasonable relationship among tenants and other interests on the site, it is felt that reasonable control (concern) will occur naturally. Where there may be multiple residential situations on a mixed use parcel, there is a feeling that a greater degree of control is appropriate. . ' P&Z Staff Report OSSHAD Text Amendment Review Page 3 The above situations have been accommodated by allowing the former as an "accessory use" with a better description provided. This description is expanded to have more allowable situations that currently exist. The latter situation is accommodated through the conditional use process. Subsections (C)(2) , and (0)(1)&(2) reflect these changes. 4. Outdoor Dining. The Historic Preservation Board's intent in creating OS SHAD was that outdoor cafes, or outdoor dining areas were just a normal part of cafes. However, restaurants beyond the scale of "cafes" appear to be viable uses within OSSHAD. Thus, there is a need to clarify "outdoor dining" as allowed in the OSSHAD. Discussion among the HPB, staff, and the P&Z Board identified potential negative effects from allowing a restaurant in a mixed use district. As a result, the direction which emanated from the July 27, joint meeting was that outdoor dining areas which are supplemental to a primary restaurant use and limit hours of operation to daylight hours should be allowed as an accessory use. Outdoor dining areas which operate at night or are clearly the principal use or purpose of the restaurant should be a conditional use. These changes are accommodated in Subsections (C)(5) and (D)(3) . 5. Accommodating the Banker's Row Master Plan. These changes incorporate the Banker's Row Master Plan into OS SHAD and allow its provisions to be used in-lieu of standard district regulations and supplemental district regulations. In other words, site specific development can occur pursuant to the Bankers Row Development Plan. If the Plan is unclear, or the normal regulations are more lenient, then the normal regulations shall be used. Subsections (F)(2) and (G)(1) apply. 6. Applicability of Perimeter Landscaping Requirements. The perimeter landscaping requirement, Section 4.6.16(H)(3)(e), is not appropriate within OSSHAD, nor may it be appropriate in other mixed use situations. This provision provides as follows: (e) Where any commercial or industrial areas abut a residential zoning district or properties in residential use, in addition to requirements established for district boundary line separators in the zoning code, one (1) tree shall be planted for every twenty-five (25) feet to form a solid tree line. . P&Z Staff Report OSSHAD Text Amendment Review Page 4 This requirement for trees usually cannot be met due to the small size of parcels within OSSHAD and the existing vegetation and general encroachment of existing structures into yard areas. Even though it is recommended that the above requirement not apply, when appropriate, the HPB can impose appropriate buffering as a condition of site plan approval. In a related regulation, the special district boundary treatment requirements of Section 4.6.4 do not apply since they address separation requirements between adjacent zoning districts and not between uses. 7. Parklnq Requlationsl The parking regulations within OS SHAD gave special accommodations for business and professional uses, but not for retail, restaurant, and other commercial uses. When the special Parking Task Force addressed this area, they suggested that a uniform parking requirement be imposed. Thus, since we are amending the OSSHAD, it is appropriate to make the amendment at this time. The proposed change simply expands to the existing standard for offices to all non-residential uses, including restaurants, instructional facilities, etc. Also, the option of using the in-lieu fee when on-site parking cannot be provided or would be inappropriate, is provided. In addition, a special criteria - that of an adverse impact upon the historic character - is an allowable basis for allowing the in-lieu fee to be used, even though spaces can be accommodated on-site. 8. Retention of Residential Uses The intent of the proposed mixed use limitation amendment is to assure that, over time, land uses within the OSSHAD will remain diverse, rather than become dominated by one single use or group of uses. In this case, it is desired that the commercialization of the area not totally remove its residential aspects. This is desirable from both a land use and a historic preservation perspective. The impetus for this requirement came from the state's review of the City's Comprehensive Plan Amendment 91-1. The State advised that mixed use zoning districts must contain a limitation on the percentage or amount of uses allowed. OSSHAD is presently comprised of 197 ownerships, 157 (80.7') of which are residential. Given the high percentage of residential use in the District today, it is unlikely that mix of residential use to nonresidential use in the District will be dramatically reduced in the foreseeable future. However, the concern/issue expressed by the State is valid, and staff recommends an amendment to the LOR's to accommodate this concern. , ' P&Z Staff Report OSSHAD Text Amendment Review Page 5 The direction from the July 27 joint meeting was that the residential component of the OS SHAD not be less than 10' as expressed by the principal use of the parcels in the District. Parcels are to be defined by ownership, and nonresidential usage is to be determined by the issuance of an occupational license for a property/parcel. Home occupational licenses shall not be considered as a commercial use of a property. R E COM MEN 0 E 0 ACT ION: It is not necessary to forward this proposal at your January 11th meeting. Given the complexity of the matter, further review may be appropriate. However, it appears that a reasonable approach has been devised for each of the issues which have been raised during the review process. Attachments: * A mark-up ..4.24 showing additions and deletions * A History .~~~u Report prepared by: REPORT. DOC DJK/T:RST.DOC . .-_~-_. -- CITY OF DELRAY BEA[H ~ oc '. . 'J. ~ ~ ~ ~ v : ..... 'oJ : . :>~_~.;. (8:':":". ~lOR'DA334~ . 407/243.7000 December 31, 1992 Dear OSSHAD Property Owners and Neighbors to the OSSHAD District: The enclosed notice is to advise you that changes are being proposed to the Old School Square Historic Arts District (OSSHAD) zoning district. These proposed changes will be heard by the Planning and Zoning Board, at a public hearing, commencing at 7:00 p.m. on Monday, January 11, 1993. The hearing will be held in the City Commission Chambers. This topic is one of many which will be heard that evening. The proposed changes have resulted from several meetings of the Historic Districts Zoning Review (HDZR) Committee, (established by the City's Planning Department in October, 1991), City staff, and a joint meeting between the HDZR Committee, the Planning and Zoning Board, and the Historic Preservation Board in July, 1992. As you can see, the content of the current OSSHAD have been discussed for quite some time. There is a general thought that this special zoning district has not provided the impetus for innovative reuse and redevelopment which is desired; thus, one reason for the proposed changes. To assist you in understanding the proposed changes and how they may affect your property, we have compiled the following brief explanation regarding the most significant of them. A full copy of the proposed OS SHAD text with changes highlighted should be available in the Planning Department Office on Tuesday, January 5, 1993. 1- Expansion of allowed retail uses: As currently written, retail use is limited to "specialty shop" which engage in single purpose sales such as bath shops, book stores, florists, boutiques, etc. The proposed allows the sale of several retail items in a single location and broadens the scope of items which may be sold. 2. Restaurants and outdoor dining: The initial concept in OSSHAD was for cafes, gourmet shops, and small restaurants. This concept is being expanded to accommodate all types of food service (excluding drive-in and drive-through) , including outdoor dining. ., ' . -"- To: OSSHAD Property Owners & Neighbors Re: Proposed Changes to the OSSHAD Zoning District Page 2 3. Mixed residential and commercial use on the same parcel: OSSHAD currently allows a single family residential use of a property as accessory to a nonresidential (business, commercial) use of the same property; but only when occupied by the property owner, the proprietor, or an employee of the nonresidential use. The proposed change allows that, in addition, any person may occupy the dwelling if the nonresidential use is owned or operated by the property owner. Also, any such mix of use will - in the future - be accommodated only through the conditional use process (public hearing and city Commission action). 4. The Banker's Row Master Plan: This Plan is adopted, by reference, thus allowing development which might otherwise be in conflict with the OSSHAD regulations to occur. 5. Boundary Landscaping: Current requirements for one tree to be planted every twenty-five feet (25') between mixed use or commercial site and residential uses is to be deleted. 6. On-Site Parking: Provision will be made to allow an in-lieu fee to be paid when providing on-site parking is not practical or possible. In addition to the proposed changes to the OSSHAD, the Board will consider another text amendment which will provided the Historic Preservation Board with an additional criteria upon which to base the granting of a variance to development regulations. The proposed additional criteria is "When variances are essential for the adaptive reuse of a structure." Questions about these proposed changes or how you can participate in the hearing should be directed to me at (407) 243-7044. AincerelY~// Wmr-" tU~ Jasmin Allen, Planner I Department of Planning and Zoning Enclosure * Notice * Location Map T:\OSSHAD\NCVLTR.DOC I~ _ _ _ =' ~u 11_ -lUflu II I ; ~ ~ If I I~I -IL ~ : ~ bf< I! )( x .. I Y ~ ~ >C }C >C [)( ~ ~ ll/X tJt/.... I · JIt '.. ~ "IiIl ~A ~ ..... _ _ 'tI.\:"'" "",'1tI. IX.... ~ I I K x ~ x ~ .... L .. 'IC~ xx",,)( ~ )IIi . . ~X"~ X X JC ')IIi' ~ X" ~ ~ ~ X'T,;jX)( I XIXI1lCX'tI' ~ )llinr~ ~, .... _ 'V 'II' lit" I I ... ~ y ... )(l)j I ~ - I I' I"" "X "> "X r-I. .. , X )( I'iI ~ ~ ____Ill . I )(...~ w>< }C l "F I em x ~ ')IIi ~ f .... x V~ ,\" Xx ~ ~ ~) ~)(~ '\ y )IIi>< ~ x ~ .. .. __ Jill "III v \wi x) ~ x X I "'II I >C ~>C>c)l ~ IL >?)( x)(~~ I' - X'" ><~V ~V emu )IIi')C' )IIi'll!") I( I I..... :;; 0 J',,~ ' I I ........ .... ~" ~x v; ] L -I D f=1==l I I .,.x "x \c" "I I 1 -- ~ = = 1\",;' ~ . =7 DDLJ = :: X x' ~ I ~ ')IIi ~ J )IIi x~ "'!II. ~ r _. "X"x' I j r x ,. = I -i - ~ )C I( ~ ~ -.. .. I. i , ,)\ '(" ~ II ! ~:=:: II I ! X"X " X ~ ... .. _ II. I) x x I'" .... .... - r . I I D. · · .. ~J . j r. ~ J ~_ = I - OSSHAD - I T = ( I OLD SCHOOL SQUARE ~ II II -.- l..r II. L : ! HISTORIC ARTS DISTRICT 11 I II 1 7 . I 1 If lr II f " , Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a mixed use district which is intended to: * Provide for mixed uses of residential, office, and ~tt_ tel~tetl commercial activities that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the 0ltl 8tH~~1 S,~~te Ml;t~tlt 0l;ttlttl ~. * Stimulate greater awareness and pride in the city's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; * Improve the environmental quality and overall liveability of this Historic District and stabilize and improve property value therein, and; * Allow uses which promote preservation and adaptive reuse of all structures within the District. (B) Principal Use and Structures: The following types of use are allowed within the OSSHAD as a permitted use: ( l) Residential uses of single family detached dwellings and duplexes. (2) Business, Professional, and Governmental Offices. (3) Retail sales tHtl6~~)l ;petl~ltt ;)l~JSat (atlts;le JS~tJS~"e ~~;ltse;"e'" ..~t)l ~; ~~t)l ;H~pat' ~~~X atttllteat' ~ltt ;H~JS'" tl~tl"'t.., HI6~lSt ;H~p'" Xl ttH,hl atH~JS'" lS~~'tl~~e'" lSltttle "H~JS" of general merchandise as allowed in the Central Business Zone (CBD) District [see Section 4.4.18(B)]. (" 'tHe JSteJS~t~'tl~Jl ~t ~petl~l'tt ;~~ta'let ttlleStlat 4Jltl tHelt ;~le eltHet tHteS~~)l t4tetltsi eSt tlltett "~le" eJ~J' 4 t4teJ (554) Arts related businesses such as craft shops, galleries, and studios wi thin which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. 1 ('~) Educational and/or Instructional tatflf'l.f~_ activities including training, vocational, or craft schools, ttJIl~r4~-1 _~5fafriatf~_1 _rif-;~t_f'l.f~_ the arts L. arid personal development, fri_'l.ft_t.tf5ri_, and libraries, museums, and social and philanthropic institutions. (16) Restaurants ~/r4.of a sit down nature such as a cafe, snack shop_, full service dining, but excluding any drive-in_ and/or drive-through_ facilities or features. (87) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. ( '!) Bed and Breakfast Inns (101 WItKIri tK~ ttJlltJwlrii d~~ttnS~d at~Ii_1 tKt6 ~-~- alltJw~d a_ p~t5faItt~d ~_~_ fri S~ttIf5ri 'I'II8(Bl p_t_~arit ttJ t.)\'~ lSa_~ dl_ttltt arid _pettal pttJil_ftJri_ f5t tKt6 eerittal B.t_fri~__ 0f_ttftt t~~ltlatff5ri_ _Kall iiI_IS )S~ alltJwed fri tK~ 0SSMA01 (;'1 ~tJt_ 13tl" BltJtX .0 ()S1 ~tJt_ It '1 BltStX .1 (t1 ttJ'/._ It 71 BltStX ., (dl ~tJt_ 1t II Blf5tX 11 (~1 ~tJt._ It " Blf5tX ,. (C) Accessory Use and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: ( 1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as it's principal use a non-residential use, there may be one ;. single family residence, either within a separate structure or within a structure housing a non-residential useL. provided that one of the t~_fderite I_ tJtt.tpled )Sf tKt6 situations exists: 1.tl the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the propertY/L or, ill the business is owned, or operated, by the owner of the parcel~ or, .w. the residence is occupied by the owner of the parcel. 2 , (3) Family Day Care (4) Parking lots and refuse storage areas. ill Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dininq area is limited to daylight hours. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (II Jt"llfld"rltf.tl 14rlltllf wltM.lrl .t llftt14tt14ttf t,srlt.tlrllrlf 1S"h\ltt"d rl,srlt~llfldtfrltl.tl tfllf~(llfl pt,s1ld~d tM..tt tM.tf tellfld"rltl.tl tf~" d,stfllf rl0t exeetfd !SI ,sf tM.tf ,t0llf~ fli>0t .tte.t 01 t)le llftttfetwttf wft)llrl w)lle)l t)l~1 .tttf 10t.ttedJ ( 1) The existence of more than one residential use on a parcel upon which there is mixed use (residential and non-residential usage) . More than one res idential unit may be located within a mixed use structure. (2 ) On a parcel that has as it's principal use a non-residential use, residential use which occurs other than as provided for in Sub-Section (C)(2). (3) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (24) Adult congregate living facilities, Alcohol and Drug Abuse treatment facilities, Child Care, Adul t Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. (3~) Parking lots not associated with a use. (E) Review and Approval Process: (1 ) All principal uses and accessory uses thereto, which do not require a permit for external modifications shall be allowed upon application to, and approval by, the Chief Building Official. (2 ) Structures which require a building permit for external work must receive approval from the Historic Preservation Board through the issuance of a Certificate of Appropriateness. (3) For new development, approval must be granted from the Historic Preservation Board pursuant to Sections 2.4.5 (E), ( G), and ( H) . 3 (4) Conditional uses must be approved pursuant to Section 2.4.5(F)~ Prior to action by the Planning and Zoning Board, the use request must be reviewed by the Historic Preservation Board with a recommendation forwarded by them. (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for: ( 1 ) TKtSlh~ II tihht l~eritltled In 8~~~ettl~ri (Bl(l81 wMltM The followinq locations shall be subject to the standards of the CBD Zone District (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7, Block 69 ( d) Lots 7- 8, Block 75 (e) Lots 1- 6, Block 76 (2 ) Parcels located alonq NE 1st Avenue between NE 2nd Street and NE 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: 7 ( 1) Parcels located alonq NE 1st Avenue between NE 2nd Street and NE 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6, of these ( Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. ~ (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e), shall not apply.. (2~.> All parking, except for single f amil y homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, M~weietl the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the te~l~eritllll character of the area will be maintained. I f approved, such parking shall be substantially screened from off-premises view by a hedge I or decorative fencing. lit lell~tl t0~t teet iri Mel!MtJ 4 I (%!) 8)f~11f~~~ "rid ptt/Jf;~~lt/Jri"l t/Jttlt~~ All non-residential uses shall provide one parkinq space per 300 sq. ft. of total new floor area or existing floor area being converted to non-residential use. This requirement may be reduced to one parking space per 400 sq. ft. of total floor area, or by at least one space, where there is a mix of residential and t/Jfflt~ non-residential use in the same structure. (5) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, lIinappropriateness" may be considered in relationship to the historic character of this zone district. (31 WltKlri tK~ "t~" deil~ri"ted ~1 S>>~iettlt/Jri (81(%811 iK~ a~t/Jle ~tteptlt/Jri~ ~Kall rit/Ji appltJ itll Special District Regulations: i!l Residential units within a structure containing permitted nonresidential use(s) shall not use more than 50\ of the gross floor area of the structure within which they are located. 111 Residential uses shall comprise no less than 10\ of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships. The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel is non-residential. IN ADDITION TO CHANGES TO 4.4.24, AN AMENDMENT IS ALSO NECESSARY TO THE TEXT OF THE FOLLOWING SUPPLEMENTAL DISTRICT REGULATIONS: Section 4.6.9 Off-Street Parking Requlations Section 4.6.9(E) Location of Parking Spaces (3) In-lieu Fee: If it is impossible "rid ~ inappropriate, a~ det~~frie_ ~t tHe tftt tt/J~fiift/Jri' to provide the required number of on-site parking spaces, tK; del~lt/Jp~eftt ~"t ptt/Jlfde tiJt and upon approval thereof by the City CommisSion, the payment of a fee in-lieu of providing such required parking, or any part thereof is allowed. This provision shall be applicable only in the CBO and OSSHAD Zone District!L pursuant to the Supplemental District Regulations Provisions therein. All proceeds from such a fee shall be used for parking purposes. The fee is hereby established at $2,500 per space. Such payment must be made prior to issuance of a building permit. T:UVW 5 . . A HISTORY OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT O. S. S. H. A. D. The R.O. Approach: In 1985, the City received petitions affecting approximately twenty properties along N.W. 1st Avenue requesting rezoning from RM-6 to POI (Professional Office Institutional). This initiated the first attempt at encouraging redevelopment of a portion of what is now know as the Old School Square Historic District. In response to those petitions, a new zoning district, Residential Office (RO) was created. It was adopted in January, 1986. In May of 1986, a portion of what is now OSSHAD was rezoned to RO. Prior to this rezoning, the applicable zonings were R-1A (Single Family Residential) and RM-6 (Multiple Family Dwelling District) . The RO District was essentially the RM-6 District with the deletion of multiple family housing; but with the addition of business and professional offices. In the ensuing years, these efforts did not yield the desired results. The land use in the area remained unchanged. If anything, the area was in a state of decline as residential properties turned into rentals and evidence of overcrowding began to show. In February, 1988, a request to add the use of "contractor I s office" as a permitted use in the RO District failed amidst objections from surrounding neighbors. Objections focussed on the inappropriate nature of the use in the area, its conflict with the intent and goals of the RO zoning district, and that it did not represent the type of redevelopment effort which was desired. The Historic District Approach: In 1988, special "overlay districts" were created for the purpose of preserving the historic fabric of certain areas within Delray Beach. These overlay districts did not affect allowable use of the area, but only regulated aesthetics, neighborhood character, and provided some safeguards against actions which would be detrimental to the objective of appropriate historic preservation. The Old School Square Historic (Overlay) District was established on February 9, 1988. It was placed on 50 acres of land with 209 properties, 86 of which were identified as being historically contributing properties. Six base zoning districts governed the allowable land use within this overlay district. These zoning districts included the RO, pac, Ge, RM-6, RM-10 and CBD. Evolution of OS SHAD : In May, 1989, the Historic Preservation Board (HPB) began consideration of a single zoning district to replace the existing six zoning districts within the Old School Square Historic Overlay Area. The Board desired to increase the marketability and focus of the Historic District through a unified zoning district which would allow additional cultural arts and related uses. The types of changes envisioned at that time were addi tional permi t ted uses such as: Yoga, Health Spa, and Fitness Center uses; change some conditional uses to permitted uses; shortening review and approval processing time. 1 , , . In August, 1989, the initial drafts of the proposed zoning district was distributed for review. The use of "bed and breakfast" was added and some minor changes were suggested during the review. A general consensus was seemed to have been reached, and the proposal was put in a proper format. In March, 1990, the Historic Preservation Board considered recommendations that multiple family residences and duplexes should no longer be allowed as permitted or conditional uses in the proposed zoning district. During the ensuing review period several comments and challenges were made to the proposal, most seeking more lenient provisions. From June through August, the proposal was aired and modified during the public review process. In September, 1990, OSSHAD was created concurrently with a major rewriting of the City's Land Development Regulations (LORs). Individuals interested in reviewing the items of concern are invited to read a special report which addresses each of the aired concerns. Try Aqain: Early in April, 1991, dissatisfaction with two development proposals led to special work sessions among the City Commission, the Historic Preservation Board, and others. As a result of those meetings, direction was given to revisit the regulations contained within the OSSHAD regulations. In October, 1991, a special committee was put together by the Planning Department to work on this task. The Historic District Zoning Committee met four time. In' March, 1992, a proposed amendment was pulled from formal processing and recirculated to interested parties for further review and comment. In July, the speci~l committee, representatives from the OSS Homeowners Association, and the Historic Preservation Board met directly with the Planning and Zoning Board and provided specific direction as to how to address various issues which had been raised. A dialogue on the issues and technical aspects which were aired during this six month period can be obtained from the project file. The materials presented to the Planning and Zoning Board on January 11, 1993, include direction from that July 27, 1992, work session and accommodate some intervening events and directions. T: oPQ 2 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (Ie \ SUBJECT: AGENDA ITEM # J~::r - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 14-93 DATE: JANUARY 22, 1993 This is first reading of an ordinance which amends Section 4.6.9(E) (3) of the Land Development Regulations relative to in-lieu fees for parking. This amendment is an off-shoot of the revisions proposed to OSSHAD Zone District (via Ordinance No. 13-93 on this agenda), and simply provides that the in-lieu fee option shall be applicable, when appropriate, in the Old School Square Historic Arts District (OSSHAD) as well as the CBD. The Planning and Zoning Board formally reviewed this item on January 11, 1993, and forwarded a recommendation of approval (5-0 vote; Currie and FeIner absent). Recommend approval of Ordinance No. 14-93 on first reading. p~ 4 -1-0 / (. rrlfht (5) ~) , ' ... 'l' , -""~-- ORDINANCE NO, 14-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SUBSECTION 4,6,9 (E) , "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUB-SUBSECTION 4,6.9(E) (3), "I.N-LIEU FEE", TO PROVIDE THE IN-LIEU FEE OPTION TO THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, pursuant to LOR Section 1,1,6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163,3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That Chapter 4, "Zoning Regulations", Article 4,6, "Supplemental District Regulations", Section 4,6,9, "Off-Street Parking Regulations" , Subsection 4,6,9 IE) , "Location of Parking Spaces" , Sub-subsection 4.6.9(E) (3), "In-Lieu Fee", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) In-lieu Fee: If it is impossible A~. or inappropriate'/A.//i~t~~!ri~./~t//t~./~Ltt//~0~L;8L0~1 to provide the required number of on-site parking spaces, t~~ ..t~10P~.~t/~At/pt0t!d.//t~t and upon approval thereof by the City Commission, the payment of a fee in-lieu of providing such required parking, or any part thereof~ allowed, This provision shall be applicable only in the CBD and OSSHAD Zone Districts, pursuant to the Supplemental District Regulations provisions therein, All proceeds from such a fee shall be used for parking purposes, The fee is hereby established at $2,500 per space. Such payment must be made prior to issuance of a building permit, Section 2, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed, Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading . ' .. {~<. (~l C IT Y COM MIS S ION DOC U MEN TAT ION TO: AVID T. HARDEN, CITY MANAGER .~~UWC- VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING OF ORDINANCE MODIFYING THE LDRS -- IN-LIEU FEE PROVISIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance modifying the Land Development Regulations (LDRs). The Section to be amended is 4.6.9(E)(3) which deals with In-lieu fees for parking. BACKGROUND: This proposed amendment evolved from an examination of the OSSHAD Zone District. When adding a provision for the in-lieu fee option to OSSHAD, it became necessary to also modify Section 4.6.9(E)(3). Also, a cross-check was done with related provisions in the CBD District special regulations. The text which is proposed provides for consistency among all of these section. There is no substantive change. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January 11, 1993. There was no specific public testimony nor discussion of it. It will formally be forwarded with the concurrent action on OSSHAD. RECOMMENDED ACTION: By motion, approval of the proposed ordinance on first reading. Attachment: * Ordinance by others. DJK/T:CCLIEU.DOC I B1.C,@.\. ~o~ <S8.S\\1\- \:) ~ ~f"O'--\- :;lld..LJ.. c~'-aLJ'.L.LOI& ""'1'....'- uw."".. _ ~_____ __ ...._...... __ _;. _ ,_ .' , .' _ , _. ..... _ , .1. . . _ . '. 1 C. r. j r I IN ADDITION TO CHANGES TO 4.4.24, AN AMENDMENT IS ALSO NECESSARY TO THE TEXT OF THE FOLLOWING SUPPLEMENTAIi.DtSTRIC'1'- ~EGuLATIONS'::: ~-'- . . ______ ____-.,.__ ___ 4 _. _ ___ -. .____ ~.._--- _____.......__..... ._'OJ ______~___ ....:"......_.._..._-~~---- Section 4.6.9 Off-Street Parking Regulations . .-- - . Section 4.6.9{E) Location of Parking Spaces (3) In-lieu Fee: If it is impossible arid or inappropriate, az ~etetmLried ~t t*e eLtt e0~L88L0ril to provide the required number of on-site parking spaces, tMe ~eYel0pmerit mat pt0YL~e t.r/Jt and upon approval thereof by the City Commission, the paYment of a fee in-lieu of providing such required parking, or any part thereof is allowed. This provision shall be applicable only in the caD and OSSHAD Zone District~ pursuant to the Supplemental District Requlations Provisions therein. All proceeds from such a fee shall be used for parking purposes. The fee is hereby established at $2,500 per space. Such payment must be_made~prior.to~issuance o~ ah~~~ buildinq permit. .;. " 'I.,: ._-.'r'.::lt"€,) ,':;<...~ .IJ:h T:UVW 5 ", . ~ --.------.. ,.--.---- .' ". . ..... ',- . . , -, ~ I - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # I p../{ - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 15-93 DATE: JANUARY 22, 1993 This is first reading of an ordinance which amends Section 4.4.22 (Open Space District) of the Land Development Regulations by adding "Lifeguard stands, headquarters and necessary support facilities" as a permitted accessory use within the OS District. It came about as a result of the recent beach area parks rezonings from CF (Community Facilities) to OS (Open Spac'e) . A lifeguard stand is planned for Sandoway Park and would not be accommodated under the existing ordinance. The Planning and Zoning Board formally reviewed this item on January 11, 1993, and forwarded a recommendation of approval (5-0 vote; Currie and Fe1ner absent). Recommend approval of Ordinance No. 15-93 on first reading. ?Cv~ 5-0 . . I - - ORDINANCE NO, 15-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" , SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT", SUBSECTION (C) , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "LIFEGUARD STANDS, HEADQUARTERS AND NECESSARY SUPPORT FACILITIES" AS A PERMITTED ACCESSORY USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, pursuant to LOR Section 1.1,6, the Planning and zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163,3174(1) (c), the Planning and zoning Board, sitting as the Local Planning Agency, has' determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS) District", Subsection 4.4,22(C), "Accessory Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of De1ray Beach, Florida, be, and the same is hereby amended to read as follows: (e) Accessory Uses and Structures Allowed: The following types of use are allowed when a part of, or accessory to, the principal use: (1) Parking lots (2 ) Restrooms, rest areas (3 ) Interpretative trails (4 ) Golf course clubhouse, pro shop, maintenance buildings (5 ) Lifeguard stands, headquarters and necessary support facilities Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4, That this ordinance shall become effective ten (10) days after its passage on second and final reading. .1 --' - PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord, No. 15-93 I . "./'- \ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER . wJ~u~~ THRU: o J. KOVACS, DIRECTOR DEPARTMENT Or'PLANNING AND ZONING ~~ ~ . .~ \. JJ ~ FROM: DIAN ~~NGU ,. LANNE~ II SUBJECT: MEETING OF JANUARY 26, 199 FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.4.22(C), ADDING "LIFEGUARD HEADQUARTERS" AS A PERMITTED ACCESSORY USE WITHIN THE OS (OPEN SPACE) ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Section is: * 4.4.22(c): Open Space District--Accessory Uses and Structures Allowed BACKGROUND: This requested change came about as a result of the recent rezoning of the City's beach area parks from CF (Community Facilities) to OS (Open Space). The rezonings were initiated to address concerns expressed by the Beach Property Owner's Association that activities of a commercial nature could be established at those parks under the CF zoning. The range of uses and structures permitted under the OS zoning is limited, and would not currently accommodate a lifeguard station planned for Sandoway Park. The proposed amendment adds lifeguard stands and headquarters as a permitted accessory use. Please refer to the Planning and Zoning Board Staff Report for more detail. . . City Commission Documentation First Reading, Ordinance Amending LDRs 4.4.22(C) Allowing Lifeguard Headquarters in the OS District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. Sandra Almay of the Beach Property OWner's Association addressed the item. Ms. Almay was concerned that the proposed language "Lifeguard stands, headquarters and associated support facilities" was too broad, but supported the amendment when the word "associated" was changed to "necessary." The Board then forwarded the item with a recommendation of approval on a 5-0 vote (Currie and FeIner absent). RECOMMENDED ACTION: By motion, approval on first reading of an amendment adding the following language to Section 4.4.22(C), Open Space (OS) District, Accessory Uses and Structures Allowed: (5) Lifequard stands, headquarters and necessary support facilities. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\T:CCOSLG.DOC , - PLANNING AND ZONING BOARD MEMORANDUM STAFr REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: II.C.8. TEXT AMENDMENT - AMENDING ACCESSORY USES AND STRUCTURES ALLOWED WITHIN THE OS (OPEN SPACE) DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a proposed text amendment to allow Lifeguard Facilities as a permitted accessory use in' the OS (Open Space) zoning district [Section 4.4.22(C)). BACKGROUND: This amendment is being requested a s a result of recent changes in zoning from CF (Community Facilities) to OS (Open Space) for the beach parks. The zoning change was initiated at the request of the Beach Property Owners' Association (BPOA), whose members were concerned about the potential for commercial activities being established at the beach parks. It affected Atlantic Dunes Park, Sandoway Park, Ingraham Avenue Park, Anchor Park, and the N. Ocean Boulevard parking lot. While accommodating the desires of the BPOA, the rezoning did create one know problem. The Parks and Recreation Department has identified a need to provide a lifeguard station (headquarters) at Sandoway Park. The lifeguard headquarters would consist of offices, meeting rooms, locker rooms and storage of marine safety equipment. Lifeguard stations and headquarters are currently not listed as a permitted use in the OS district. Thus, the reason for this proposed text amendment. Analysis: The range of uses and structures permitted in the OS zoning district is limited. Parks, cemeteries, water bodies, and similar open areas are allowed as principle uses. Accessory uses and structures allowed include parking lots, restrooms, interpretative trails, and golf course clubhouses with associated pros hop and maintenance buildings. There are no specific provisions which allow for the already existing lifeguard stands and/or necessary lifeguard support facilities. Lifeguard stations and headquarters are essential facilities for beach personnel, and are an appropriate accessory use at beach parks. It is appropriate to list them as being specifically permitted. :lIt. ~ , . . P&Z Memorandum Staff Report Text Amendment - Amending Accessory Uses & Structures Allowed within the OS (Open Sapce) District I Page 2 RECOMMENDED ACTION: By motion, recommend to the City Commission that the accessory uses and structures allowed within the OS zoning district Section 4.4.22(C) be amended to include lifeguard stands and lifeguard headquarters and their necessary support facilities. Attachments: * Proposed Text Change Report prepared by: Jif;;~ MrJt. Planner II Reviewed by DJK on: JM/LIFEGRD.DOC I TEXT AMENDMENT TO OS ZONING DISTRICT FOR ACCESSORY USES AND STRUCTURES ALLOWED Section 4.4.22 (C) Accessory Uses and Structures Allowed: The following types of use are allowed when a part of, or accessory to, the principal use: ( 1 ) Parking lots (2) Restrooms, rest areas (3) Interpretative trails (4) Golf course clubhouse, proshop, maintenance buildings (5) Lifequard stands, headquarters and necessary support facilities. REF:T:PZOSTEXT . , . . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #/~L - MEETING OF JANUARY 26, 1993 ORDINANCE NO. 16-93 DATE: JANUARY 22, 1993 This is first reading of an ordinance which amends Section 4,3.4(K), Development Standards Matrix, of the Land Development Regulations, to reduce the required rear setback for duplexes in the RL and RM zoning districts from 25 feet to 15 feet. The background and rationale for this proposal is outlined in the accompanying staff report. The Planning and Zoning Board formally reviewed this item on January 11, 1993, and forwarded a recommendation of approval (5-0 vote; Currie and FeIner absent). Recommend approval of Ordinance No. 16-93 on first reading. !~ 5-0 . , . . , . - --- ORDINANCE NO, 16-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4,4.22(K), "DEVELOPMENT STANDARDS MATRIX", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO REDUCE THE REQUIRED REAR SETBACK FOR DUPLEXES IN THE RL AND RM ZONI NG DISTRICTS FROM 25 FEET TO 15 FEET; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, pursuant to LOR Section 1,1,6, the Planning and Zoning Board reviewed the subject matter at its meeting of January II, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163,3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1, That Chapter 4, "Zoning Regulations", Article 4,3, "District Regulations, General Provisions", Section 4,3.4, "Base District Development Standards", Subsection 4,3.4(K), "Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: SETBACKS FRONT SIDE STREET SIDE INTERIOR REAR Low-Medium Density RL (5) toSM~~t!oS~;.Z Multi-family 25 25 15 25 Duplex 25 25 15 15 Medium/Medium-High Density RM (5 ) toSM.~t!oS~;'Z Multi-family 25 25 15 25 Duplex .ll 25 15 15 (5 ) The provisions for the R-1-A District shall apply for single family dwellings, Section 2, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3, That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed, Section 4, That this ordinance shall become effective ten (10) days after its passage on second and final reading, , ' , .. --- -- PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993, MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord, No, 16-93 , . IV '. f ~/'... C I T Y COM MIS S ION DOC U MEN TAT ION TO: . -DAVID T. HARDEN, CITY MANAGER , \ ' ~ '-",-h..-",( J~ , (>~___ THRU: '. DAVID J. KOVACS, DIREC OR . DEPARTMENT OF PLANNING AND ZONING " FROM: DIANE DOMINGUEZ, PLANNER II~M ~~l\,Vi\~ SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.3.4(K), DEVELOPMENT STANDARDS MATRIX, TO REDUCE THE REQUIRED REAR SETBACK FOR DUPLEXES IN THE RL AND RM ZONING DISTRICTS FROM 25' TO 15'. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Section is: * 4.3.4(K): Development Standards Matrix BACKGROUND: This requested change came about following a request made by the Woodlake Homeowners Association (formerly Homewood Lakes), to allow a reduced rear setback for units in their subdivision. The Woodlake subdivision, which is zoned RL (Low Density Residential), consists of 272 duplex structures and 23 single family homes. Members of the association have asked for a reduction in the setback requirement for duplexes from 25' to 15' , to allow residents to add screen porch enclosures to the rear of their homes. RM and RL districts currently require a 25 foot rear setback for multi-family structures and duplexes, but allow a 10' rear setback for single family homes. A duplex is similar in intensity to a single family home. It is reasonable to allow less of a rear setback for a duplex than that which is required for a multi-family development. Reducing the rear setback to 15' would maintain adequate open space between buildings. The Planning and Zoning Board Staff Report provides additional information regarding the setback reduction. '. ' City Commission Documentation First Reading, Ordinance Amending LDRs 4.3.4(K) Reducing Rear Setback Requirements for Duplexes Page 2 The proposed revision affects the Development Standards Matrix, which provides a summary of development standards for all zoning districts. Concurrent with this revision will be the addition of a note which states that single family homes in the RL and RM districts are to be built in accordance with the standards of the R-1-A district. That information is currently provided separately in the regulations for those two districts, however, it would be helpful to reference the information on the matrix as well. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. Ted Charney of the Woodlake Homeowners Association addressed the item and supported the proposed text. The Board then forwarded the item with a recommendation of approval on a 5-0 vote (Currie and Felner absent) . RECOMMENDED ACTION: By motion, approval on first reading of the following revisions and additions to Section 4.3.4(K), Development Standards Matrix: SETBACKS FRONT SIDE STREET SIDE INTERIOR REAR Low-Medium Density RL -1.ll tf5riithltlf5riliZ Multi-family 25 25 15 25 Duplex 25 25 15 15 Medium/Medium-high Density RM -1.ll tf5riieritlf5riliZ Multi-family 25 25 15 25 Duplex 25 25 15 15 (5) The provisions for the R-I-A District shall apply for sinqle family dwellinqs. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\CCRLRM.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: January 11, 1993 AGENDA ITEM: LOR TEXT AMENDMENT. REI REDUCTION OF REAR SETBACK REQUIREMENTS FOR DUPLEX STRUCTURES IN THI RL AND aM ZONING DISTRICTS ITEM BEFORE THE BOARD: The action requested of the Board is making a recommendation to the City Commission regarding a proposed text amendment to the LDRs. The amendment would reduce the minimum rear setback requirement for duplex structures from 25 feet to 15 feet. BACKGROUND: On September 16, 1992 the Planning and Zoning Department received a request from the Woodlake (formerly called Homewood Lakes) Homeowners Association to amend Section 4.3.4(K) of the LDRs to reduce the required rear setback for duplexes in the RL district from 25 feet to 15 feet, in order to allow for the addition of screen enclosures. The subdivision consists of 272 duplex residential units and 23 conventionally sited single family residences. The existing setbacks for the RL district require 25 foot rear setback for all structures, with two exceptions, which permit a 10' rear setback: ~ .-:. c * single family detached-structures; and * screen enclosures in rear yards which directly abut a minimum of 50 feet of dedicated open space. Of the 272 duplex units in Woodlake, 169 have at least 50 feet of open space directly abutting their rear property line. A number of those properties have screened enclosures. Of the remaining 103 units, 44 have existing screen enclosures '. Fifty-nine duplex structures have no screen enclosures and do not meet the 50 foot open space exception. Under the current setback requirements, these units cannot add onto the rear of their structures. the. tf . , P&Z Memorandum Staff Report LOR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 2 In reviewing the portion of the Development Standards Matrix referring to the RL district, it is noted that setbacks are not specifically identified for duplex structures. The RL zoninq regulations, however, specify that the same standards which apply to multi-family structures shall apply to duplexes. The rear setback requirement for multi-family structures is currently 25 feet, while the setback for single family structures is as establ ished in the R-lA district (10 feet) . These requirem~nts are the same for duplexes in the RM zoning district, and are consistent with the standards which existed before the approval of the LDRs in October 1990. TEXT CHANGESI The proposed text amendment is to add setback requirements to the Development Standards Matrix in LDR Section 4.3.4(K) for duplex structures in both the RL and RM zoninq districts. The revised requirements would be as follows: SETBACKS FRONT SIDE STREET SIDE INTERIOR REAR Low-Medium Density RL ~~rii~ritl~ri41 Multi-family 25 -. -. -. .25 - 15 - ~.': - '=- ~, :- -2.5- ~ .l Duplex 25 -- - . --. 25 15- .-- -,,"15---:-'~ - .- - - - - - Medium- Medium-High Density RM ~~riieritl16ri41 Multi-family 25 25 15 25 Duplex 25 25 15 15 * Underline indicates additions; strike-out(lll) indicates deletions All other development standards which currently apply to duplexes (i.e. minimum lot dimensions, maximum height, etc.) would remain the same. P&Z Memorandum Staff Report- LOR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoninq Districts Page 3 The proposed changes would allow for a reduction in rear setback requirements for duplex structures, without reducing those for mul tiple family structures. The changes would have a secondary effect of simplifying references to setback requirements. By adding duplex requirements directly to the matrix in Section 4.3.4(K), the need to cross-reference between the matrix and individual district regulations for duplex structures is eliminated. ANALYSIS or AMENDMENT'S POTENTIAL IMPACTS, The potential impacts of the proposed amendment will depend on the type and intensity of the development of individual RL or RM zoned areas. This section of the report describes the RL and RM areas in the city and the development on those parcels. There are four basic types of RL/RM parcels: 1. Vacant parcels; 2. Duplex developments; and 3. Built-out areas with multi-family (3 or more units) structures only; 4. Areas with a mix of multi-family, single family, duplex development and vacant lots. 1. Vacant land with RL or RM zoning. There are several areas in the City with vacant land which is zoned either RL or RM, and could potentially be developed with duplex structures. If the setbacks are' amended, _ new structures. __could-..be built within a 15' setback of the -rear property line. This 'setback reduction would allow duplex structures to be somewhat closer together than under current requirements, however a minimum of 30' would still be provided between rear walls of the structures. Overall density of any development would be limited by the current lot size and density requirements. A brief description of vacant RL and RM areas in the City follows: Groves of Delray (RM) The Groves is a 12 acre parcel, east of Wallace Dr., between Linton Boulevard and SW 10th st. The parcel is approved for 152 multi-family units. No duplexes are included in the current proposal. Ridgemont Heights (RM) This is a 5 acre parcel, located at the southwest corner of SW lOth St. and SW 6th Ave. There is no current approved plan for the site. Approximately 30 duplexes (60 units) could be buildr on this parcel. . . , P&Z Memorandum Staff Report LOR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 4 The Anchorage (RL) This parcel consists of approximately 17.6 Acres. There is currently no approval for the site. However, the site was recently proposed for development as a single-family community. The maximum density allowed under the zoning designation is 105 units. Royal Palm Blvd. (RM) This site contains approximately 12 acres. There are no current approved plans for the site. One single family residence and a landscape nursery exist in the area. Approximately 5 acres were included as part of the Anchorage proposal. Approximately 140 units is the maximum development potential. Silver Terrace (RM) Approximately 20 acres of the Silver Terrace Redevelopment Area and adjacent properties are zoned RM. Five acres of the area are approved for the construction of 60 mUlti-family units, of which 42 are completed. No approved site plans are in effect for the remaining 15 acres at this time. This area has a large number of undeveloped lots and several vacant structures. A redevelopment plan for the area is currently being developed by the Planning Department, in conjunction with community groups. Rubin Property (RL) This is a parcel approximately 1 Acre~n size with an abandoned single family residence on the site. A total of 5 units could be built on the site. Duplex Developmentsl These are developments which are currently at or near build-out which predominantly consist of duplexes. The reduction in rear setbacks would allow for some intensification of the sites without increasing the density, and could decrease the open space provided in these built-out areas. However, many of these areas already have non-conforming structures with setbacks equal to or less than the 15' proposed. A list of duplex developments in the City follows: Woodlake (Homewood Lakes) Rainberry Woods (Pine Trail) Rainberry Woods South (Pine Trail South) Imperial Villas Country Manor Shadywoods . P&Z Memorandum Staff Report LDR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 5 Built-out RL or RM areal with multi-family structurel only. These areas would not be affected by the proposal due to the fact that they are at build out according to an approved site plan, and have no duplexes. A complete list of these developments and areas is included as Exhibit "A." RL and RM zoned areal with mixes of housing typel These areas are approaching build-out with a mix of uses, including a combination of single family, multi-family, duplex units, vacant lots and some non-conforming commercial uses. Lot sizes in these areas are generally below the minimum for RL or RM zoning (typically 50' X 135' or 6750 square feet) , limiting the potential for new duplex development. Lot depths are generally 100' to 135'. The following areas have this type of development: North of George Bush Blvd. between Federal Hwy. and ICWW (RM): Marina District (RM) Del-Ida Park (RL) Dell Park (RL) Venetian Dr. Area (RM) La Hacienda (RL) Kenmont (RL) NE 7th Ave. (RM) Gulfstream Blvd. area (RM) Florida Blvd. area (RM) A-1-A and Brooks Lane (RM) - The following areas are similar to the above in lot size and mix of housing types. However, special circumstances exist in these areas, which are described below. SW 1st st. area (RM): This area has a large number of vacant lots. Portions of this area are contained in Redevelopment Area .1. The possibility exists for the consolidation of lots into larger parcels for unified development. Pineridge Rd. (RL): This is a small (less than 1 acre) area with a mixture of neighborhood commercial uses and a single family residence. SE 4th Ave. and SE 2nd st. (RM) : Many vacant lots are available here. This area is within the boundaries of Redevelopment Area '5. The possibility exists for the consolidation of lots into larger parcels for unified development. , ' p,z Memorandum Staff Report LDR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 6 Albatross Dr. (RM); NE 3rd Ave., north of 14th st. (RM) ; SW 20th Ct. (RM); Del Harbor (RL); S. Swinton Ave. (RM) Development in these areas is a mix of multi-family and duplex units. Most of the rear setbacks here are adjacent to "open space," as defined in LDR Section 4.3.4(H)(S)(c). These duplexes would be allowed screen enclosures to wi thin 10' of property lines under current rear setback requirements. ASSESSMENT AND CONCLUSIONS: RM and RL zoning districts currently require a 25 foot rear setback for multi-family structures and duplexes, but allow a 10 foot rear setback for single family structures. While a duplex is somewhat more intense than a single family home, it is considerably less intense than multi-family development. It is reasonable to allow. less of a rear setback than would be required for a multi-family structure. The reduced rear setback requirement would allow for greater flexibility in the design of a duplex structure, and would provide the opportunity for owners of existing duplexes to increase their living area. The greatest impact of this change would be to areas which are primarily developed with duplexes, as they would have the most potential for intensification with the reduced setbacks. However, as indicated in this analysis, many of those areas already have structures with non-conforming reduced setbacks. Additionally, since a minimum of 30' would remain between buildings, adequate open space would be maintained. ALTERNATIVE ACTIONS: - -- . - .- - ~ . - - . -'. -.. -- ".- - _. -... - - -- -. .- 1- Continue with direction. 2. Recommend a text amendment to LOR Section 4.3.4(K), Development Standards Matrix, adding a specific setback requirement for duplexes in the RL and RM districts, and reducing the required rear setbacks for same from 25' to 15' . 3. Recommend denial of a text amendment. RECOMMENDED ACTION: Recommend a text amendment to LDR Section 4.3.4(K), Development Standards Matrix, adding a specific setback requirement for duplexes in the RL and RM districts, and reducing the required rear setbacks for same from 25' to 15'. Attachments: * Letter of request the Woodlake Homeowners Association Prepared by: Technician I Reviewed by DJK on: . . . Exhibit IIAII Multi-Family developments and RM zoned areas at or near build-out which have only Multi-family unitsl Spanish Wells Lakeside Pines of Delray Pines of Delray West Pines of Delray North Delray Estates Delray Oaks Delray Oaks West Sabal Pines Sabal Pines East Sabal Pines South Environment Spring Lake Palm Villas Fairways on the Green Golfview Abbey Delray Lake Ray Laver's Delray Racquet Club Wenton Village Palms of Delray Lake Delray The Pointe Harbor's Edge Domaine Delray Linton Woods Banyan Tree Village Delray Harbor Club Park Place Harbors ide Churchill Barton Fall Ridge Linton Ridge Southridge Condos Linton Gardens La Monica Auburn Trace Carver Estates Lago Delray Lago Delray North High Point Chateau Wood Greensward Village (Hamlet) The Landings Inlet Cove 700 Block of NE 1st St. Lake Ida Rd. and Davis Rd. Lowry st. and Andrews Ave. Area Tropic Bay A-1-A South of Atlantic Dunes Park Pelican Harbor - - - - ......... :". - - - -- -. . . -. -. -- , '.. RM or RL zoned Parcels with Sirtgle FamliyDevelopment:OnlYI - , .' . Crosswinds (RL) ., ' /' - 0 . " ' , ~ . ~" HOMEOWNERS ASSOCIATION, INC. - 385 S.W. 27TH TERRACE DELRA Y BEACH, FLORIDA 33~.5 .. 199 'i/' m""r= ~ August 31, '/;. , .~H~.: il?, ," '. ,. r~' ..-J l:t rE'@ .~. J'.,t '. d Mr. David Kovacs, Director SEP 1 G 1992 Department of Planning and Zoning 100 N.W. 1st Avenue PL/\UNING (~ ZONING Delray Beach, Florida 33444 Re: Letter from Jeffrey Costello (May 14, 1992) Dear Mr. Kovacs: Further to the above referenced letter to Mr. Ted Charney as well as my follow up letter to you of June 12, 1992, I had the pleasure of meeting with Richard Hasko and Diane Dominguez on August 21, 1992 to discuss the issue of rear building setback requirements of Code section 4.3.4 (K) and procedures for requesting that the code be amended. It was further clarified to me in our meeting that the Homewood Lakes Subdivision (Woodlake) is within a RL Zoning district which requires a 25' rear building setback for screened porches attached to duplex dwellings (Code section 4.3.4 (K)) while only a 10' setback requirement is required for screeneQ porches attached to single family dwellings (Code 4.4 t.5 - (fttl)J.;.provisions of. the - R-1-A district). The Homewood Lakes subdivision has both duplex and single family dwellings. It is our contention that duplex developments are not .that intense especially in Homewood Lakes. We therefore are hereby requesting a text amendment of Code section 4.3.4 (K) reuucing t.he .rt!ctL' lJuiluln9 setback for screened porches from 25'to 15', or to the 10' setback requirements currently imposed upon the single family dwellings within the same development. The majority of the duplexes within the Homewood Lakes SUbdivision currently have screened porches, many of which were part of original home construction. Other Homeowners have attempted to make such additions, however, disappointingly became aware of the building setback requirements of Code section 4.3.4 (K) which now prevents them from doing so. These screened porches are aesthetically pleasing and blend nicely with the structures of all the duplex dwellings within the Woodlake Community. Needless to say they enhance the value of the home. Some owners and local Realtors have lost a sale when potential buyers learn that screened porches cannot be added. ~I 0 0 I ... " .t . ~.. 7. HOMEOWNERS ASSOCIATION, INC. 385 S.W. 2nH TERRACE DELRAY BEACH. FLORIDA 33<<5 Per the procedures outlined in your letter, in addition to this formal request for an amendment, I am also enclosing a mailing list of all the property owners within the Homewood Lakes subdivision as wel~ as mailing labels. A Palm Beach County property appraiser's radius map will be provided under separate cover. On behalf of the Woodlake Homeowners Association (Homewood Lakes sUbdivision) I .trust that you will channel this request through the appropriat~ Planning Qnd Zoning BCdccs as ~ell as city Comnlisslon levels. Should there be any additional information needed please contact me as soon as possible. Written communication should be directed to the office of the Woodlake Homeowners Association. My phone number is: 1-800-327-0400 ext. 4712, or 305-527-4712 In conclusion, I thank you in advance for your cooperation and look forward to hearing from you in the near future. 3incerely, William H. Decker Woodlake Homeowners Association cc: All Woodlake Board of Directors Ted Charney - Chairman, Woodlake City Liaison Committee Richard Hasko, P.E. Assistant City Engineer Jeffrey A. Costello - Planning Technician II , -