02-23-93 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 23. 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. Cit~_ Commission meetings are business meetings
and as such, the Commission 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
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
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 corne 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.
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City Commission
Regular Meeting
2/23/93
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.
- . AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes:
Regular Meeting Minutes of February 9, 1993
6. Proclamations:
A. "I Have a Dream Foundation" Kick Off Ceremony - March 1, 1993
B. Save Your Vision Week - March 7 through 13, 1993
C. Unity for the Community Day - March 28, 1993
7. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTIONS OF FEBRUARY 8. 1993: Ratify seven
items approved by the SCRWTD Board at their February 8, 1993
meeting.
B. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY
AND COMMUNITY REDEVELOPMENT AGENCY: Approve the amendment to the
interlocal agreement between the City and CRA which provides for
the refinancing of the CRA's outstanding debt using the same
terms under which 1987 Utility Tax Bond Issue was refunded.
~~ 6&~~f~AN~~ OF PARKING AGREEM~~~~; Accept parking agreements
. ith Mount Olive Missionary Baptist Church, Cason United
~o~q~ Methodist Church and Parkview Properties in conjunction with the
Virginia Slims Tournament.
D. AGREEMENT WITH INTERNATIONAL PAPER D/B/A MCEWEN LUMBER:
Approve an agreement between the City and International Paper
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City Commission
Regular Meeting
2/23/93
d/b/a/ McEwen Lumber Company for the use of their site as a
training area for Fire Department personnel.
E. RESOLUTION NO. 16-93: A resolution assessing the cost for
abatement action necessary to demolish an unsafe building at 1205
S. Dixie Highway.
F. GEOTECHNICAL CONSULTING SERVICES: Approve the ranking of
firms and authorize staff to negotiate contracts for continuing
geotechnical consulting services with the four top ranked firms.
G. RESOLUTION NO. 18-93: A resolution supporting the request of
the Florida Department- of Natural Resources for additional time
and money to further study the reestablishment of the Coastal
Construction Control Line in Palm Beach County.
H. RIGHT OF ENTRY AND LICENSE AGREEMENT: Approve a right of
entry and license agreement with Daughter of Zion Seventh Day
Adventist Church for the installation of a sidewalk adjacent to
their property on N.W. 2nd Street.
I. AWARD OF BIDS AND CONTRACTS:
(]. Allamanda Gardens Drainage Improvements - Colonna
/ Construction, Company in the amount of $91,980.03 with funding
from General Construction Fund - Allamanda Gardens Improvements
/~ (Account No. 334-1978-554-60.69/$45,941), Community Development -
1\0 Water and Sewer Improvements (Account No.
~~ 118-1964-554-60.24/$11,052), Renewal and Replacement Fund - Fire
~'Hydrant Replacement (Account No. 442-5178-536-61.77/$6,870), and
oV General Construction Fund - Streets, Alleys and Sidewalks
(Account No. 334-3162-541-63.10/$28,117.03).
2. East Atlantic Avenue Drainage Outfall (Emergency Repair) -
Ocean Bay Construction Company in the amount of $15,355 with
funding from Storm Water Utility - Drainage Outfall (Account No.
448-5411-538-62.17); subject to concurrent approval of budget
transfer from Storm Water Utility Northwest Drainage (Account No.
448-5411-538-62.11) to (Account No. 448-5411-538-62.17) in the
amount of $15,355.
9. Regular Agenda:
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 February 8,
1993 through February 19, 1993.
B. COMPREHENSIVE PLAN AMENDMENT 93-1: Authorize staff to
initiate Amendment 93-1 to the City's Comprehensive Plan.
Planning and Zoning Board recommends approval.
C. PROPOSAL TO INCREASE TENNIS FEES: Consider a proposal to
increase the Tennis membership fees.
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City Commission
Regular Meeting
2/23/93
~ LICENSE AGREEMENT/HIGHBRIDGE ASSOCIATES AND COASTAL PARTNERS
IMITED: Consider approving a license agreement with Highbridge
Associates and Coastal Partners Limited for the use of a portion
of Canal Street, adjacent to the Busch Seafood Restaurant, to
provide for a boat dock and associated improvements. City
Manager recommends approval.
~ REPORT ON ROAD AGREEMENT WITH SWAIM: pro~ide staff direction
ith regard to the proposed road agreement with Swaim.
~ CHANGE ORDER NO. 2/DEES CONTRACTING. INC.: Rescind Change
rder No. 2 to the contract with Dees Contracting, Inc. in the
amount of $18,253.46 -and approve Change Order No. 2A in the
amount of $91,640.46 for remedial repairs on the Elevated Storage
Tank project. City Manager recommends approval.
~ CHANGE ORDER NO. 2/FALKAV: Consider a change order in the
mount of $32,102.63 to the contract with Falkav, Inc. for
miscellaneous site, building, tennis court and tournament
facility revisions with funding from General Construction Fund -
Tennis Center/Stadium (Account No. 334-4145-572-63.41) . City
Manager recommends approval.
o CHANGE ORDER NO. l/AGB CAPITAL CONSTRUCTION: Consider a
ange order in the amount of $19,582 to the contract with AGB
Capital Construction for miscellaneous site and building changes
for the Currie Commons and Miller Park projects with funding from
Decade of Excellence Bond Issue - Miller Park (Account No.
225-4166-572-61.62) and Currie Commons Park (Account No.
225-4146-572-61.64). City Manager recommends approval.
~ CONSIDERATION OF APPOINTEES TO THE PARKING MANAGEMENT TEAM:
nsider a request from the Community Redevelopment Agency to
nominate members to serve on the Parking Management Team.
~ CHANGE ORDER NO. 12/ELKINS CONSTRUCTORS. INC. : Consider a
ange order in the amount of $50,997.38 ($30,000 bonus) and
which extends the contract completion date by 80 days for
miscellaneous revisions to the Water Treatment Plant Lime
Softening Conversion project; with funding from 1991 Revenue Bond
- Buildings (Account No. 447-5164-536-60.31).
ffi AMENDMENT NO. 4 TO SERVICE AUTHOR I ZATION NO. 5/CH2M HILL:
nsider an amendment to Service Authorization No. 5 in the
amount of $20,000 for continuing engineering services necessary
to complete the Water Treatment Plant Lime Softening Conversion
project; with funding from 1991 Revenue Bond -
Engineering/Architect (Account No. 447-5164-536-31.30). City
Manager recommends approval.
~ GOLF COURSE CLUBHOUSE,
. - SE. ~ RDDEnIJWn
10. blic Hearings:
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City Commission
Regular Meeting
2/23/93
~ SUBSTANTIAL DEVIATION/WATERFORD DRI-DO: Consider changes to
Waterford DRI Development Order which would establish a
build-out date, timing for improvements to I-95 ramps and
widening of S.W. 10th Avenue.
~ ORDINANCE NO. 20-93: An ordinance amending the Land
evelopment Regulations by creating a new zone district, LI
(Light Industrial) . Planning and Zoning Board and Community
Redevelopment Agency recommend approval.
~ ORDINANCE NO. 2-93: An ordinance creating a Housing Trust
und and an Affordable Housing Advisory Committee in conjunction
with the State Housing Initiative Partnership (SHIP) Program.
City Manager recommends approval.
~~. ORDINANCE NO. 17-93: An ordinance amending Chapter 33 of the
~ ode of Ordinances to relative to Police and Fire pension issues
to provide for certain grammatical and verbiage changes.
~ WAIVER OF CITY ORDINANCES: Consider waiving certain City
rdinances in conjunction with the Virginia Slims Tournament.
City Attorney recommends approval.
@. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
@ Second Readings (No public hearing):
~ ORDINANCE NO. 13-93: An ordinance amending the Land
velopment Regulations by amending Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)". Planning and Zoning
Board recommends approval. (First reading and public hearing
held on February 9th).
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
Add q. (f} .
5m~11 tiS. Crk.t "I f)f/~a..:;
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 23, 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.M. SETTLEMENT OFFER - SMALL VS. CITY OF DELRAY BEACH.
Consider acceptance of settlement offer from Plaintiff;
parties would agree to voluntarily dismiss with
prejudice their claims against each other. The City
and Ms. Small would bear their own attorneyls fees and
costs. City Attorney recommends approval.
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CITY DF DELRRY SEREN
ICO" WI;: AVE'wE :)ELMAY SEACH ~LCRIOA 33444 .07 :.~ .. __:
PROCLAJ1A TIOA'
WHEREAS, the "I HAVE A DREAM FOUNDATION" of Delray
Beach was founded in September, 1992, for the purpose of aiding
children who live in Carver Estates, an inner-city housing unit
in Delray Beach; and,
WRBREAS, the children invited into this program range
from 8 to 9 years of age and are presently in the second and
third grades; and,
WHEREAS, over a ten year span, these children will be
guided through grammar school, middle school and high school:
and,
WHEREAS, during this period the project will provide
additional or special tutoring, personal and family counseling,
and the opportunity for participation .in a variety of academic,
social, creative and recreational enrichment programs; and,
WHEREAS" most importantly, the children will be
encouraged ,~o stay in school; and,
WHEREAS, those in the program who graduate from high
school will be guaranteed a college or vocational school
education in the field of their choice; and,
WHEREAS, the Delray Beach Foundation of "I HAVE A
DREAM" will be affiliated with the National Foundation in New
York, as well as similar projects already founded in more than 40
other cities including our neighbor to the south, Boca Raton;
and,
WHEREAS, the "kick-off" ceremonies for the Carver
Estates Chapter of the "I HAVE A DREAM FOUNDATION" are scheduled
for Monday, March 1, 1993.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, and Honorary Chairman of the HI HAVE A
DREAM FOUNDATION", on behalf of the City Commission, do hereby
extend best wishes for a successful future to a most worthy
project which will not only benefit the children directly
inVOlved, but the entire community of oelray Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Oelray Beach, Florida, to
be affixed this 23rd day of February, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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~~TY DF DELIAY BEA[H "-\
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100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000
PROCLAMA TION
WHEREAS, the abi~i~y to see is a valuable and precious
sense that greatly contributes to the welfare of the entire
community at large; and,
WHEREAS, vision is an important part of health, well
being and happiness of individual citizens; and,
WHEREAS, the people of Delray Beach are fortunate to
have access to quality eye care and accurate eye health
inftlrmation.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, join together with Bill Clinton, the
President of the United States of America, in proclaiming the
week of March 7t~ through March 13th, 1993, to be
"SAVE YOUR VISION WEEK"
AND THAT I urge all the citizens of Delray Beach to
reflect on the valuable role vision has played in their lives,
and to give special attention to their eye care needs this
particular week;
AND FURTHERMORE, I ask all doctors of optometry in
Delray Beach, other health care professionals, community leaders,
educators and the news media to work together in a common public
service effort to help everyone in Delray Beach understand and
appreciate the importance of proper care of their eyes.
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 23rd day of February, 1993.
MAYOR
, THOMAS E. LYNCH
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~ITY DF DELIAY BEA[H
100 N.W. 1st AVENUE OELRAY BEACH, FLORIDA 33444 407/243.7000
PROCLAll1A TION
WHEREAS. the C~y of Delray Beach is dedicated to the
eradication of illicit drug activity within our City; and.
WHEREAS. the Police Department and MAD DADS of Delray
Beach realize the illicit drug trade will not stop without a
joint effort of the community and City authorities; and,
WHEREAS. it is important that all citizens know and
understand that drugs are a serious threat to our community and
are the source of many other crimes. including. prostitution.
burglary, robbery and many violent acts.
NOW, THEREFORE. I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida. on behalf of the City Commission, do
hereby proclaim March 28. 1993, as
"UNITY FOR THE COMMUNITY DAY"
to establish a permanent bond between community organizations
such as MAD DADS and the administrators of the City of Delray
Beach in their efforts to stop illicit drug activity, and call
upon our citizens to join us on this day in an open display of
support for halting drug activity within the City of Delray Beach
and preserving the rights and security of all our citizens.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the official seal of the City of Delray Beach. Florida. to
be affixed this 23rd day of February, 1993.
MAY 0 R
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THOMAS E. LYNCH
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
'1M
FROM: CITY MANAGER t/
SUBJECT: AGENDA ITEM i ~ . e . - MEETING OF FEBRUARY 23. 1993
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTIONS OF FEBRUARY 8. 1993
DATE: February 19, 1993
This item is before you to ratify actions taken by the SCRWTD Board at
their February 8, 1993 meeting. Those actions include:
-Authorized to enter into a contract with Inscho-Kirlin for the
construction of the Repair and Replacement Projects in the amount
of $1,088,900 to be funded from the Sinking Funds.
-Amended the Engineering Services on the Repair and Replacement
Projects which decreased the cost from $450,000 to $268,000.
-Authorized the expenditure of $13,623 from the Sinking Funds to
replace Hycor Press in Screening Building, $7,500 for permits and
other miscellaneous costs associated with the Repair and
Replacement Projects, and $1,000 for the replacement of Polymer
Pump in the Chemical Building.
-Authorized the expenditure in the amount of $45,000 for costs
associated with construction of an Emergency Access Road as a
Capital Project to be funded 50% by the City of Boynton and 50%
by the City of Delray Beach. City's share, $22,500 will be
funded from Water and Sewer Fund - Emergency Access Road - SCRWTD
(Account No. 441-5142-536-63.94).
-Authorized the expenditure in the amount of $80,500 for costs
associated with the Reuse Water System, a Capital Project, to be
funded 50% by the City of Boynton and 50% by the City of Delray
Beach. City's share, $40,250 will be funded from Water and Sewer
Fund Reuse Water System - SCRWTD (Account No.
441-5142-536-63.95).
-Authorized the expenditure in the amount of $288,100 from the
Sinking Fund to Camp Dresser and McKee for engineering services
on Sludge Process Modifications.
-Authorized an additional expenditure in the amount of $35,500,
bringing the total to $62,500, for costs associated with
construction of the Effluent Tank Reaeration System, a Capital
Project, to be funded 50% by the City of Boynton and 50% by the
City of Delray Beach. City's share, $17,750 will be funded from
Water and Sewer Fund - Other Improvements (Account No.
441-5142-536-63.90).
In addition, as part of this action, a budget adjustment is necessary
to bring forward prior year revenues to the line items identified for
the SCRWTD Capital projects.
Recommend ratification of the actions taken by the South Central
Regional Wastewater Treatment and Disposal Board on February 8, 1993,
as indicated above and with City funding as identified.
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FEB i6 '93 12:01 SCRWT&DB P.2
.,
. RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF FEBRUARY B, 1993
WHEREAS, the south C.n~ral Regional Wastewater Treatment and
oiap08.1 Board on February 8, 1993, by a vote of 8-0 authorized
tcr.nter into a contract with Inscho-Kirlin for the construction
of :the,:'Repair and Replacement projects in the amount of
$1.088,900,to be funded from the Sinking Funds ratified in Action
of,~ebru.ry 26, 1992. .
WHEREAS, laid Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach,
NOW, THEREFORE, -the City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of , 1993, by a
" vote.
wi tn.eses I CITY OF BOYNTON BEACH
By:
Mayor
Attest:
""'l b... City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the
City of Delray Beach this day of L' 1993, by a
vote.
Witnessesl CITY OF DELRAY BEACH
By:
Mayor
Atteat:
I City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
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I FEB 16 '93 12:01 SCRWT&DB P.3
RATIPICATION or SOUTH CENTRAL REGIONAL
. WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF FEBRUARY 8, 1993
. .. WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board on February 8, 1993, by a vote of 8-0 amended the
Engineering' .. Service. on the Repair and Replacement Projects
r~~;fi'ed" in Action ot February 26. 1,992 from $450,000 decreasing
the:Eng1neerinq Services to $268,000. .
!:" ," I :':';".. ,'. '.l' {"~,,:'
WHE~S, said Board action requires ratification by the City
of Boyhton'Beaoh and the City of Delray Beach,
I.:
NOW, THEREFORE, _~he City of Boynton Beach and the City of
De1~~y B~ach hereby ratify .aid Board action independently.
The above action is hereby ratified in open session by the
City of, Boynton Beach this day of , 1993, by a
, ~ . " vote.
Witnesses: CITY OF BOYNTON BEACH
By. Mayor
Atte.t.
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the
City of Delray Beach this day of , 1993, by a
vote.
Witnesses; CITY OF DELRAY BEACH
. By;
Mayor
Attest;
City Clerk
(SEAL) Approved as to form:
City Manager
Cit.y Attorney
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FEB 16 193 12:01 SCRWT&DB P.4
RATIFICATION OF SOUTH CENTRAL REGIONAL
" WASTEWATER TREAWMENT AND DISPOSAL BOARD
ACTION or FEBRUARY 8, 1993
WHEREAS, the south central Regional Wastewater Treatment and
Drapo.alBo.reS on February 8, 1993, by a vote of 8-0 authorized
.' to':' 'expend from the Sinldnq Funds $13,623 to replace Hycor Press
iri:.Sdr.enin9 Building, $7,500 for Permits and other miscellaneous
costa assooiated with the Repair and Replac~ment Projects, and
$l~OOOfor replacement of Polymer Pump in the Chemical Building.
WHEREAS, said Board action requires ratification by the City
of Boynton Seach and the City of De1ray Beach,
NOW, THEREFORE, - -t.he City of Boynton Beach and the City of
DelrayBe.ch hereby ratify said Board action independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of , 1993, by a
vote.
Witne..... CITY OF BOYNTON BEACH
By.
Mayor
At.testa
City Clerk
..... - .
(SEAL) form,
(~) Manager
;'/1 a" e.; Attorney
f'1; I" /)); r I! ..,.. K..
The above action i ~ I '1 r>1~ ,.- -j:~~.. j.;- open .ession by the
City of Delray Beach thi , 1993, by a
vote.
witnesse.. BEACH
r
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
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FEB 16 '93 12:02 SCRWT&DB P.S ~,
RATIFICA~ION OP SOUTH CENTRAL REGIONAL
'. . . WASTEWATER 'rREATMENT AND DISPOSAL BOARD
ACTION or FEBRUARY 8, 1993
WHEREAS, the South Central Regional Wastewater Treatment and
Oisposal Board on February 8, 1993, by a vote of 8-0 authorized
~h..xpendi~ure in the amount of $45,000 for costs aSBociated
with construction of an Emerqency Acceaa Road as a Capital
Project. to be funded 50' by the City of Boynton Beach and SO, by
the City of Delray Beach and,
WHBREAS, said Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach,
~ - City of Boynton Beach and the City of
NOW, THEREFORE, the
Delray Seach hereby ratify said Board action independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of , 1993, by a
... vote.
Witne.sesl CITY OF BOYNTON 8E~CH
~ BYI Mayor
At.test:
city Clerk
(SEAL) Approved .s to form:
City Manager
City Attorney
The above action is hereby ratified in open se88ion by the
city of Delray Beach this day of , 1993, by a
vote.
Witness.., CITY OF OELRAY BEACH
Bya
Mayor
Atte.t.:
City Clerk
(SEAL) Approved as to form:
Cit.y Manager
City Attorney
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FEB 16 '93 12:02 SCRWT&DB P.6 ,
I
. . RATIFICATION OP SOU~H CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF.FEBRUARY 8, 1993
WHEREAS, the South Central Reqional Wastewater Treatment and
Disposal Board on Pebruary 8, 1993, by a vote of 8-0 authorized
t.he..expendit.ure in t.he amount of $80,500 for coate associated
with aeu.. Water System a Capital Project to be funded 50t by the
City of Boynton Beach and SO, by the City of Delray Beach and,
WHEREAS, said Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach,
NOW, THEREFORE, - the City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of , 1993, by a
vote.
Witnesseel CITY 0' BOYNTON BEACH
By:
Mayor
Attest I
City Clerk
(SEAL) Approved a8 to forml
City Manager
City Attorney
The above act.ion i. hereby ratified in open session by the
City of Delray Beach this day of , 1993, by a
vote.
Witnesselll CITY OP DELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to forma
City Manager
City Attorney
1
FEB 16 '93 12:03 SCRWT&DB P.7"
. RATIFICATION OF SOU'rH CENTRAL REGIONAL
. " ^ WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF.FEBRUARY 8, 1993
..... ...... ,.>WUBREAS, the South central Regional Wast.water Treatment and
,:..Di..'po....l Board on February 8, 1993, by a vote of 8-0 authorized
.,::th:.>;~.:Xpen~it.ure in the amount of $288,100 from the Sinkinq Fund
. '.tc('<r',,:~~&1\\p Dr.sser 'McKee for Enqine.ring Service. on Sludge
'Prec...Modifications,
WHEREAS, .aid Board aotion requires ratification by the City
of Boynton Beach and the City of Delray Beach,
. NOW, ~HBaEFORE, -the City of Boynton Beach and the City of
Delray Beach hereby ratify said Board action independently.
. .The above action i. hereby ratified in open se..ion by the
City of Boynton S.aoh this day of , 1993, by a
vote.
Witn...... CITY or BOYNTON BEACH
.. By:
Mayor
Atte.t:
city Clerk
(SEAL) Approved as to form:
City Manager
City Attorn.y ~
The above action il hereby ratified in open ....ion by the
City of Delray Beach this day of , 1993, by a
vote.
Witn.....: CITY OF DELRAY BEACH
I.". By:
Mayor
Attestl
City Clerk
(SIAL) Approved as to form:
City Manager
City Attorney
.,
FEB 16 '93 12:03 SCRWT&DB p.e "
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION or FEBRUARY 8, 1993
WHERBAS, the South Central Regional Wastewater Treatment and
Dispcaal Board on February 8, 1993, by a vote of 8-0 authorized
to expend an additional $35,500 brinqinq total to $62,500 for
costs aaaociated with oonstruction ~f Efflue~t Tank Reaeration
System a 1992/93 Capital Project per Budget adoption of October
1, 1993 to be funded SO, by the City of Boynton Beach and 50' by
the City of Delray Beach and,
WHEREAS, said Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach,
NOW, THEREFORE, the City of Boynton Beach and the City of
Oelray Beach hereby ratify 8aid Board action independently.
The above action is hereby ratified in open seasion by the
City of Boynton Beach this day of , ' 1993, by a
vote.
Witnesse.. CITY OF BOYNTON BEACH
By.
Mayor
Attest.
T City Clerk
(SEAL) Approved aa to forma
City Manager
City Attorney
The above action is hereby ratified in open Bession by the
city of Delray Beach thia day of , 1993, by a
vote.
Witne..e.a CITY OF OELRAY BEACH
By: Mayor
Attest:
, I city Clerk
(SEAL) Approved as to forms
City Manager
City Attorney
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERl~
SUBJECT: AGENDA ITEM i if.B. - MEETING OF FEBRUARY 23. 1993
FIRST AMENDMENT TO INTERLOCAL AGREEMENT WITH COMMUNITY RE-
DEVELOPMENT AGENCY
DATE: February 19, 1993
This item is before you to approve the first amendment to the
interlocal agreement with the Community Redevelopment Agency. In May
1988, the City and CRA entered into an agreement which established a
Line of Credit for the CRA in the amount of $2,200,000. Upon issuance
of the 1987 Utility Tax Bonds, funding was set aside for this purpose.
Subsequently, in February 1992, the City refunded the 1987 Utility Tax
Bond Issue. This proposed amendment would allow the CRA to repay the
balance of their loan at a rate of 6.10%. The term of the loan would
remain at July 15, 2008. This would result in a reduction of $268,422
in their payment or approximately $16,300 per year over the life of
the loan.
Recommend approval of the First Amendment to the Interlocal Agreement
with the Community Redevelopment Agency which amends the loan rate for
the repayment the CRA I S loan to 6.10% in conjunction with the
refunding of the 1987 Utility Tax Bond Issue.
~6l1 ~
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Agenda I tern No. :
AGENDA REQUEST
Date:
Request to be placed on:'
Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda ~tem (who, what, where, how much):
The CRA is requesting that our Agreement dated May 23, 1988 be
amended to reflect the same terms of the City's lYYl Utility Tax Refund~ng
Issue to include ~ssuance costs based on the outstand~ng amount borroweu
as of January 16, 1 YYl.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend the above.
me.. Jllrt:IJ ~ -
Depar Ifm&J()ty)E/Jr hlJ.5 /)fJ'- 8EE/) I}pp!!Oc)€LJ by
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,.-1- +0 hf:.-IC- foe. p~c.'C.ss/nj, bu-<I-- ,;,f.. R~l'lIeE/>-fI'i
Ci ty 1 Wlr5 srenr OIt:UIt.-'j TO /hE- mlXfae who SljnELJ
o if. . D,'d no r- 90 W>~ p~pc,e. clJI:JnnE/s -
~
Budget ~/f{/Cf3 nq expenditure
of fUll
.. ......A~'-4.L.j.&.':J ava.1..1.a~.1.~; ~fji:J1 L"U N/l:\
Funding alternatives: (if applicable)
Account No. & Description: N/A
Account Balance: N/A
City Manager Review:
Approved for agenda: YES/ NO {~~~~'/ ' .
Hold Unt~l: ~ ~ {..,~W'4c\;v...<~k,.r. ""'\;1'7 ,(~.('v"
'[ -d,\ ~ -;c I;, l' ":1" ,~\ I\, C,,^ ;t:-: 1
Agenda Coordinator Review: I ~!, . A.c' ~ . '~."-r-?
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Rece~ved: \; v~ I't..,-X-~......'t ~(;v v'-......._,~ L
Actwn, APproved/D,sa~'1:v~~cl,-:eL 1~~Z'~ H"':\~ '-.
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MEMORANDUM
RECEIVED
FfB , 7 '1993
TO: David T. Harden CITY MANAG~p'S orner
City Manager
FROM: Joseph M.
Director of
I.
SUBJECT: Refinancing of the CRA Loan Dated May 23, 1988
DATE: February 16, 1993
Background:
Upon the issuance of the 1987 Utility Tax Bonds, an amount of $2,200,000
was designated in the form of a Line of Credit to the Community
Redevelopment Agency to be used for Beautification Projects and for Land
Acquisition. The Line of Credit enabled the CRA to draw funds at the same
terms of the 1987 Utility Tax Bond Issue, i.e., to borrow at a rate of
7.91% with a term ending July 15, 2008.
In February of 1992, the City refunded the 1987 Utility Tax Bond Issue
which resulted in a net interest rate of 6.10%, a maturity of July, 2008,
and issuance costs totalling 2.7% of the par amount.
Request:
The eRA has requested that we refinance their outstanding debt with the
same terms of our refunding to include issuance costs based on the
outstanding amount borrowed. This would result in a reduction of $268,422
in their payment to the City over the life of the loan or a reduction of
approximately $16,300 per year.
Recommendation:
We recommend the refinancing of the CRA loan dated May 23, 1988. As per
the attached Agreement, is is only fair to pass on the savings relative to
their debt.
JMS/slh
Attachment
cc: Rebecca S. O'Connor, Treasurer
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY
OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOP-
MENT AGENCY DATED THE -23.... DAY OF HAY, 1988.
THIS AMENDMENT TO INTERLOCAL AGREEMENT, is made this Lf Il1 day
. '? .-
of ~, 199Z-; amending that certain Interlocal
Agreement between the CITY OF DELRAY BEACH, FLORIDA, hereinafter
referred to as the "CITY," _and the DELRAY BEACH COMMUNITY REDEVEL-
OPMENT AGENCY, hereinafter referred to as the "CRA," dated the
2-3 day of . Mo..:J , 1988, (hereinafter referred to
as the "Agreement").
WIT N E SSE T H:
WHEREAS, the CITY and the eRA have heretofore entered into the
above referred to Agreement establishing a Line of Credit in favor
of the CRA in the original available amount of Two Million Two
Hundred Thousand ,Dollars ($2,200,000.00); and
WHEREAS, pursuant to the Agreement, as of t:he date of this
Amendment the outstanding principal balance on the said Line of
Credit is One Million Five Hundred Eighty Nine Thousand Seven
Hundred Sixty and 52/100 Dollars ($1,589,760.52); and
WHEREAS, the parties desire to provide that no further
advances will be required nor made pursuant to the Agreement; and
WHEREAS, the parties are desirous of modifying the terms of
repayment of the said indebtedness by modifying Section 5 (a) of
the Agreement in its ~ntirety, which such modification will effect
a modification of the interest rate, a change in the amortization,
and an increase in the outstanding principal balance to include the
respective issuance cost of the refunding of certain of the CITY'S
indebtedness which is related as a source of funds to the Line of
Credit extended to the CRA pursuant to the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein contained the parties hereby agree as follows:
1- All of the above recitals are true and correct as of
the date of the execution of this Agreement and the parties hereby
agree to be bound thereby.
2. Section 3 Establishment of a Line of Credit: Makinq
of the Loans: Application of Loan Proceeds, as set forth in said
"
Agreement is hereby deleted in its entirety.
3. Section 4 Drawinqs on the Line of Credit is hereby
deleted in its entirety.
4. Subsection (a) of Section 5 Repayment of the Loans
and Source of Payment is hereby amended in its entirety to read as
follows:
SECTION 5. Re9avment of the Loans and Source
of Payment. AS of ..:M:Nl.J~ Ibl'9~2.
(a) The outstanding principal balance^of One
Million Five Hundred Eighty Nine Thousand
Seven Hundred Sixty and 52/100 Dollars
($1,589,760.52) shall be increased by a
portion of the CITY'S issuance costs of its
current refunding in the amount of Thirty Six
Thousand Eighty Seven and 48/100 Dollars
($36,087.48) to arrive at a current
outstanding principal balance as modified as
of the date of this Amendment in the amount of
One Million Six Hundred Twenty Five Thousand
Eight Hundred Forty Eight Dollars
($1,625,848.00). It is the intention that the
principal of the loan, made by the CITY to the
CRA, together with interest be amortized in
equal payments over the term of sixteen (16)
years in accordance with the amortization
schedule attached hereto as Exhibit "A." In
that regard the outstanding balance of the
loan until paid shall bear interest at the
rate of 6.1% per annum. The CRA shall be
obligated to pay, not later than July 15,
2008, the outstanding Principal and interest
payments on the outstanding loan. Payments
shall be made by,/the CRA each quarter
commencing on Irpn /5 , 1992 and each
quarter thereafter until the principal amount
of the loan made hereunder shall have been
paid in full.
5. In all other respects the said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have heretofore entered into
this Amendment the day and year first above written.
Attest: CI. TY ..~.~bY.: BEACH, FLORIDA
(~~~C_.
Mayor
Date:
~ AGENCY
i~ /5 '
1
Date:
Approved as to form and
legal SUffiCiency
By:D'" . .
Title: '"'l
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 20U NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278.4755 Wr~~_r'. D~r_c~ L~n_
(407) 243-7090
MEMORANDUM
Date: February 18, 1993
To: City Commission ~
From: David N. Tolces, Assistant City Attorn
Subject: Temporary Use Agreements
Virginia Slims Tournament Parkinq
The attached agreements are before you for approval. The
agreements provide for parking during the tennis tournament
from March 1 through March 7, 1993 at the following locations:
Cason United Methodist Church
Mount Olive Missionary Baptist Church
Congress Park
The City will be responsible for security while the parking
lots are used for tournament parking. It is recommended that
Commission approve the agreements with parkview Properties
(Congress Park) , Mount Olive Missionary Baptist Church, and
Cason United Methodist Church.
If you have any questions, please call.
DNT: sh
Attachments
uSBagt.dnt
<g.e.
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TEMPORARY USE AGREEMENT
THIS AGREEMENT, made and entered into this day of
-
, 1993, by and between CASON METHODIST CHURCH,
hereinafter referred to as "Cason" and the CITY OF DELRAY
BEACH, FLORIDA, hereinafter referred to as "City".
WIT N E SSE T H:
WHEREAS, Cason is the owner of certain real property in
Palm Beach County, Florida, as said property (the "Property")
as depicted in Exhibit "A" attached hereto and incorporated
herein by reference; and
WHEREAS, City has requested the temporary use of the
parking lot areas located on the property in conjunction with
its hosting of a professional tennis tournament; and
WHEREAS, Cason is willing to allow City to use said
parking lot areas for the purpose hereinafter defined.
NOW,~EREFORE, in consideration of the sum of Ten Dollars
($10.00)--and other good and valuable considerations, receipt
and sufficiency of which is hereby acknowledged, Cason hereby
grants to City and City hereby accepts the use of the premises
hereinafter defined upon the following terms and conditions:
ARTICLE I
BASIC PROVISIONS
Section 1.01 Premises.
The premises subject to this Agreement consists of the
area at Cason Methodist Church, located at 342 N. Swinton
Avenue, Delray Beach, Florida.
Section 1. 02 Length of Term and Commencement Date.
The term of this agreement shall be for a period of one
( 1) week which shall commence on the fi~st day of March, 1993
(the "Commencement Date" ) and shell expire on the 7th day of
March, 1993. The term can be automatically extended to expire
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.,
. .
on the 9th day of March, 1993, in the event of any weather
delay of the tournament.
Section 1. 03 Rent.
-
The use of the premises by City shall be on a rent free
basis.
ARTICLE II
CONSTRUCTION OF PREMISES
Section 2.01 Acceptance of Premises.
City certifies that it has inspected the premises and
accepts same "as is", in its existing condition of the
Commencement Date of this Agreement.
Section 2.02 Alterations.
City shall not make or permit any permanent improvements,
additions, modifications or alterations whatsoever to the
premises.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY
sec~ 3.01 Use of Premises and Hours of Operation.
City shall use the premises solely and exclusively for
vehicle parking in conjunction with the City's hosting of the
Virginia Slim's Tennis Tournament. The parking spaces located
at 342 N. Swinton Avenue, Delray Beach, shall be reserved for
use only by authorized tournament spectators. All parking
spaces shall be vacated by midnight, March 7, 1993, unless a
weather delay extends the tournament to the 9th day of March,
1993, in which case all spaces shall be vacated by the 9th day
of March, 1993.
Section 3.02 Surrender of Premises.
Upon termination or expiration of this Agreement, City, at
its sole cost and expense, shall remove all of its personal
property from the Premises and shall surrender the Premises to
Cason in the same condition the Premises were in as of the
Commencement Date of this Agreement, reasonable wear and tear
excepted.
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Section 3.03 Funerals.
If Cason conducts a funeral service during the term of
this Agreement, the spaces shall not be available for parking
use on the day of the service. The church shall give the City
at least a two day notice of the conflict so it can make other
arrangements for parking. The term can be automatically
extended to the 8th and the 9th day of March, 1993, in the
event of any weather delay of the tournament.
ARTICLE IV
REPAIRS AND MAINTENANCE OF PREMISES
Section 4.01 Responsibility of City.
All portions of the Premises shall be kept in good repair
and condition by City. At the end of the Term of this Agree-
ment, City shall deliver the premises to Cason in good repair
and condition as specified herein.
Section 4.02 Indemnification.
To the extent permitted by law, the City agrees to hold
harmless, save, defend, and indemnify Cason, its agents,
employee~nd officials from all claims, suits and actions of
any nature arising out of its use of Cason's property for
parking purposes during the duration of this agreement.
Section 4.03 Security.
City will provide security during the hours that the
parking areas are used in conjunction with the tennis
tournament.
ARTICLE V
MISCELLANEOUS
Section 5.01 Entire Agreement.
This Agreement and any Exhibits attached hereto and
forming a part thereof as fully set herein, constitute all
agreements, conditions, and understandings between Cason and
City concerning the Premises. All representations, either oral
or written, shall be deemed to be merged into this Agreement.
Except as herein otherwise provided, no subsequent alteration,
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,
waiver, change or addition to this Agreement shall be binding
upon Cason or City unless reduced to writing and signed by
them.
Section 5.02 Notices.
Any consents, approvals and permissions by Cason shall be
effective and valid only if writing and any notice by either
party to the other shall be in writing and shall be deemed to
be duly given only if mailed prepaid by certified mail return
receipt requested, addressed:
(a) If to Cason at:
Ms. Linda Snyder
Cason Methodist Church
342 N. Swinton Avenue
Delray Beach, Florida 33444
(b) If to City at:
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
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Sect:-!Qn 5.03 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with
proceedings or counterclaims brought by either of the parties
hereto against the other in connection with this Agreement.
Section 5.04 Governing Law.
This Agreement shall be governed by and interpreted
according to the laws of the State of Florida and venue shall
be in Palm Beach County, Florida.
Section 5.05 Time of Essence.
Time is of the essence with respect to the performance of
every provision of this Agreement in which time of performance
is a factor.
Section 5.06 Severability.
If any term of this Agreement, or the application thereof
to any person or circumstance, shall to any ex-tent be invalid
or unenforceable, the remainder of this Agreement, or the
application of such term to persons or circumstances other than
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,
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: CASON METHODIST CHURCH
By:
(Signature of Witness) Linda Snyder
(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
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TEMPORARY USE AGREEMENT
THIS AGREEMENT, made and entered into this day of
-
, 1993, by and between PARKVIEW PROPERTIES, ,
DELMAR PROPERTIES and RIMAR PROPERTIES, hereinafter referred to
as "parkview" and the CITY OF DELRAY BEACH, FLORIDA, herein-
after referred to as "City".
WIT N E SSE T H:
WHEREAS, Parkview is the owner of certain real property in
Palm Beach County, Florida, as said property (the "Property")
as depicted in Exhibit "A" attached hereto and incorporated
herein by reference; and
WHEREAS, City has requested the temporary use of the
parking lot areas located on the property in conjunction with
its hosting of a professional tennis tournament; and
WHEREAS, Parkview is willing to allow City to use said
parking lot areas for the purpose hereinafter defined.
NOW~HEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations, receipt
and sufficiency of which is hereby acknowledged, parkview
hereby grants to City and City hereby accepts the use of the
premises hereinafter defined upon the following terms and
conditions:
ARTICLE I
BASIC PROVISIONS
Section 1.01 Premises.
The premises subject to this Agreement consists of the
area at Congress Park and Congress Park South, located at
Congress Avenue, Delray Beach, Florida.
Section 1.02 Length of Term and Commencement Date.
The term of this agreement shall be for a period of one
( 1) week which shall commence on the first day of March, 1993
(the "Commencement Date") and shall expire on the 7th day of
-1-
,
March, 1993. The term can be automatically extended to expire
on the 9th day of March, 1993, in the event of any weather
delay of the tournament.
Section 1. 03 Rent.
The use of the premises by City shall be on a rent free
basis.
ARTICLE II
CONSTRUCTION OF PREMISES
Section 2.01 Acceptance of Premises.
City certifies that it has inspected the premises and
accepts same "as is", in its existing condition of the
Commencement Date of this Agreement.
Section 2.02 Alterations.
City shall not make or permit any permanent improvements,
additions, modifications or alterations whatsoever to the
premises,
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY
--
Section 3.01 Use of Premises and Hours of Operation.
City shall use the premises solely and exclusively for
vehicle parking in conjunction with the City' s hosting of the
Virginia Slim's Tennis Tournament. The parking spaces located
at Congress Avenue, Delray Beach, shall be reserved for use
only by tournament spectators. All parking spaces shall be
vacated by midnight, March 7, 1993, unless a weather delay
extends the tournament to the 9th day of March, 1993, in which
case all spaces shall be vacated by the 9th day of March, 1993.
Section 3.02 Surrender of Premises.
Upon termination or expiration of this Agreement, City, at
its sole cost and expense, shall remove all of its personal
property from the Premises and shall surrender the Premises to
parkview in the same condition the Premises were in as of the
Commencement Date of this Agreement, reasonable wear and tear
excepted.
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,
ARTICLE IV
REPAIRS AND MAINTENANCE OF PREMISES
Section 4.01 Responsibility of City.
All portions of the Premises shall be kept in good repair
and condition by City, At the end of the Term of this Agree-
ment, City shall deliver the premises to Parkview in good
repair and condition as specified herein.
Section 4.02 Indemnification.
To the extent permitted by law, the City agrees to hold
harmless, save, defend, and indemnify Parkview, its agents,
employees, and officials from all claims, suits and actions of
any nature arising out of its use of Parkview's property for
parking purposes during the duration of this agreement.
Section 4.03 Security,
City will provide security during the hours that the
parking areas are used in conjunction with the tennis
tournament.
ARTICLE V
--- MISCELLANEOUS
Section 5.01 Entire Agreement.
This Agreement and any Exhibits attached hereto and
forming a part thereof as fully set herein, constitute all
agreements, conditions, and understandings between parkview and
City concerning the Premises. All representations, either oral
or written, shall be deemed to be merged into this Agreement.
Except as herein otherwise provided, no subsequent alteration,
waiver, change or addition to this Agreement shall be binding
upon Parkview or City unless reduced to writing and signed by
them.
Section 5.02 Notices.
Any consents, approvals and permissions by Parkview shall
be effective and valid only if writing and any notice by either
party to the other shall be in writing and shall be deemed to
-3-
"
be duly given only if mailed prepaid by certified mail return
receipt requested, addressed:
(a) If to parkview Properties at:
Marvin Feinstein
6601 N.W. 14th Street, Suite 1
Plantation, Florida 33313
(b) If to City at:
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Section 5.03 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with
proceedings or counterclaims brought by ei ther of the parties
hereto against the other in connection with this Agreement.
Section 5.04 Governing Law.
This Agreement shall be governed by and interpreted
according to the laws of the State of Florida and venue shall
be in Palm Beach County, Florida.
-----
Section 5.05 Time of Essence.
Time is of the essence with respect to the performance of
every provision of this Agreement in which time of performance
is a factor.
Section 5.06 Severability.
If any term of this Agreement, or the application thereof
to any person or circumstance, shall to any extent be invalid
or unenforceable, the remainder of this 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.
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'1
.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the day and year first above written.
WITNESS: PARKVIEW PROPERTIES
DELMAR PROPERTIES
RIMAR PROPERTIES
(Signature of Witness)
By:
Marvin Feinstein, President
(Type or print name) of General Partners
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form and
Legal Sufficiency:
City Attorney
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parkvlew.agt
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1
.
TEMPORARY USE AGREEMENT
THIS AGREEMENT, made and entered into this day of
-
, 1993, by and between GREATER MOUNT OLIVE
MISSIONARY BAPTIST CHURCH hereinafter referred to as "Mount
Olive" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter
referred to as "City".
WIT N E SSE T H:
WHEREAS, Mount Olive is the owner of certain real property
in Palm Beach County, Florida, as said property (the
"Property") as depicted in Exhibit "A" attached hereto and
incorporated herein by reference; and
WHEREAS, City has requested the temporary use of 65
parking spaces in the parking lot areas located on the property
in conjunction with its hosting of a professional tennis
tournament; and
WHEREAS, Mount Olive is willing to allow City to use said
parking ~ areas for the purpose hereinafter defined.
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, Mount Olive
hereby grants to City and City hereby accepts the use of the
premises hereinafter defined upon the following terms and
conditions:
ARTICLE I
BASIC PROVISIONS
Section 1.01 Premises.
The premises subject to this Agreement consists of the
area at Greater Mount Olive Missionary Baptist Church, located
at 40 N.W. 4th Avenue, De1ray Beach, Florida.
Section 1.02 Length of Term and Commencement Date.
-1-
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The term of this agreement shall be for a period of six
( 6 ) days which shall commence on the first day of March, 1993
(the "Commencement Date") and shall expire on the 6th day of
Section 1.03 Rent.
The use of the premises by City shall be on a rent free
basis.
ARTICLE II
CONSTRUCTION OF PREMISES
Section 2.01 Acceptance of Premises.
City certifies that it has inspected the premises and
accepts same "as is", in its existing condition of the
Commencement Date of this Agreement.
Section 2.02 Alterations.
City shall not make or permit any permanent improvements,
additions, modifications or alterations whatsoever to the
premises.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY
----
Section 3.01 Use of Premises and Hours of Operation.
City shall use the premises solely and exclusively for
vehicle parking in conjunction with the City' s hosting of the
Virginia Slim's Tennis Tournament. The parking spaces located
at 40 N.W. 4th Avenue, Delray Beach, shall be reserved for use
only by tournament volunteers. All parking spaces shall be
vacated by 6:00 a.m., March 7, 1993, unless a weather delay
extends the tournament to the 9th day of March, 1993, in which
case all spaces shall be vacated by the 9th day of March, 1993.
Section 3.02 Surrender of Premises.
Upon termination or expiration of this Agreement, City, at
its sole cost and expense, shall remove all of its personal
property from the Premises and shall surrender the Premises to
Mount Olive in the same condition the Premises were in as of
the Commencement Date of this Agreement, reasonable wear and
tear excepted.
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Section 3.03 Funerals.
If Mount Olive conducts a funeral service during the term
of this Agreement, the spaces shall not be available for
parking use on the day of the service. The church shall give
the City at least a two day notice of the conflict so it can
make other arrangements for parking. March, 1993. The term can
be automatically extended to the 8th and the 9th day of March,
1993, in the event of any weather delay of the tournament.
ARTICLE IV
REPAIRS AND MAINTENANCE OF PREMISES
Section 4.01 Responsibility of City.
All portions of the Premises shall be kept in good repair
and condition by City. At the end of the Term of this
Agreement, City shall deliver the premises to Mount Olive in
good repair and condition as specified herein.
Section 4.02 Indemnification.
To the extent permitted by law, the City agrees to hold
harmless, save, defend, and indemnify Mount Olive, its agents,
employee~and officials from all claims, suits and actions of
any nature arising out of its use of Mount Olive's property for
parking purposes during the duration of this agreement.
ARTICLE V
MISCELLANEOUS
Section 5.01 Entire Agreement.
This Agreement and any Exhibits attached hereto and
forming a part thereof as fully set herein, constitute all
agreements, conditions, and understandings between Mount Olive
and City concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Agree-
ment. Except as herein otherwise provided, no subsequent
alteration, waiver, change or addition to this Agreement shall
be binding upon Mount Olive or City unless reduced to writing
and signed by them.
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Section 5.02 Notices.
Any consents, approvals and permissions by Mount Olive
shall be effective and valid only if writing and any notice by
either party to the other shall be in writing and shall be
deemed to be duly given only if mailed prepaid by certified
mail return receipt requested, addressed:
(a) If to Mount Olive at:
Deacon Charles Broadnax
G.M.O.M.B.C.
40 N.W. 4th Avenue
Delray Beach, Florida 33444
(b) If to City at:
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Section 5.03 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with
proceedings or counterclaims brought by either of the parties
hereto a~st the other in connection with this Agreement.
Section 5.04 Governing Law.
This Agreement shall be governed by and interpreted
according to the laws of the state of Florida and venue shall
be in Palm Beach County, Florida.
Section 5.05 Time of Essence.
Time is of the essence with respect to the performance of
every provision of this Agreement in which time of performance
is a factor.
Section 5.06 Severability.
If any term of this Agreement, or the application thereof
to any person or circumstance, shall to any extent be invalid
or unenforceable, the remainder of this 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.
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IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the day and year first above written.
WITNESS: GREATER MOUNT OLIVE MISSIONARY
BAPTIST CHURCH
By:
(Signature of Witness) Charles Broadnax, Deacon
(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
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGER t '(I (
SUBJECT: AGENDA ITEM # ~.O. - MEETING OF FEBRUARY 23. 1993
AGREEMENT WITH INTERNATIONAL PAPER D/B/A MCEWEN LUMBER
COMPANY
DATE: February 19, 1993
This item is before you to approve an agreement between the City and
International Paper d/b/a McEwen Lumber Company for use of their site
by Fire Department Personnel for the purpose of conducting heavy
rescue and automobile extrication training.
The consent and license agreement provides that the City will be given
access to remote property of the Company's lumber yard located in
Delray. In return the City will be responsible for damage to
property, real and personal, and for bodily injury caused in whole or
in part by the training operation.
The City Attorney1s office has reviewed the agreement and recommended
changes which have been incorporated into the document before you.
Recommend approval of the agreement between the City and International
Paper d/b/a McEwen Lumber Company.
~ on ~
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[IT' DF DELIA' BEA[H
FIRE DEPARTMENT
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MEMORANDUM
- -
TO: DAVID T. HARDEN, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: FEBRUARY 9, 1993
SUBJECT: TRAINING AGREEMENT -
McEWEN LUMBER AND THE CITY OF DELRAY BEACH
The attached agreement authorizes the Fire Department to
utilize the paved exterior areas of the McEwen Lumber Company site
for the purposes of heavy rescue and automobile extrication
training. The agreement has been reviewed and modified by our
legal department and agreed to and signed by officials of McEwen
Lumber Company. I request that this item be placed on the City
commission meeting on February 23, 1993 as a consent item and we
recommend its' approval.
One copy of the executed agreement is to be forwarded to
McEwen Lumber Company.
'; ,
~~~,l
Kerry B. Koen
Fire Chief
KBK/mmh
cc: Alison MacGregor Harty, City Clerk
Batt. Chief Ryncarz
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
407/243-7400. FAX 407/ 265-4660
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CONSENT AND LICENSE TO USE REMOTE PROPERTY
International Paper d/b/a McEweft Lumber Company
hereby consents to your intermittent use of certain remote
areas of International Paper's lumber yard located at its
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Delray Beach facility in the State of Florida. Such use,
however, shall be at International Paper's discretion and shall
in no way interfere with International Paper's operations. You
agree to follow International Paper's policies and procedures
when on its yard. Further, you agree to notify the Delray
Beach facility of your planned operations on the property at
least three (3) days prior to commencing operations. The area
on which you may operate are set forth on the map attached
hereto as Exhibit A.
In consideration for the use of the property, you
hereby agree to be responsible for damage to property, real and
personal, and for bodily injury caused in whole or in part by
your operations and your presence on International Paper's
yard. Entrance on International Paper's yard shall be at your
own risk, and you agree not to hold International Paper
liable for any injury or damage you may suffer.
Should you damage any property belonging to
International Paper, upon receipt of an invoice from
International Paper detailing the cost of repair (or
replacement if repair is inappropriate), you agree to pay that
invoice within ten (10) days of receipt. Determination by
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INTERNATIONAL PAPER
d/b/a McEwen Lumber Company
By: ~ihJ~" ,
General Manager
North Carolina Title
STATE OF
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COUNTY OF Randolph
The foregoing instrument was acknowledged before me
this. 1st day of February 1993 by Kenneth W.
,
Shaw, General Manager (name of officer or agent,
title of officer or agent), of Interntional Paper (d/b/a McEwen
Lumber Company (name of corporation acknowledging),
a ~ New York (state or place of incorporation)
corporation, on behalf of the corporation. He/She is
personally known to me or has produced
(type of identification) as
identification and did (did not) take an oath.
Signature of Person
Acknowledgment
Darlene F. Brinkley
Name of Acknowledger Typed,
Printed or Stamped
Notary
Title or Rank
Serial Number, if any
My Commis~ion Expires: July 31, 1994
(Notary Seal)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~1
SUBJECT: AGENDA ITEM i 'S'E- - MEETING OF FEBRUARY 23. 1993
RESOLUTION NO. 16-93
DATE: February 19, 1993
This item is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
1205 South Dixie Highway. 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 $11,180.40 remains unpaid.
Recommend approval of Resolution No. 16-93 assessing costs to
demolish an unsafe building on property located at 1205 South Dixie
Highway.
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RESOLUTION NO. 16-93
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 D~lray 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
'.
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Ii 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- i
II cated thereon. Said assessments so levied shall, if not paid within I
,
I thirty (30 ) days after mailing of the notice described in Section 165.42 I
! 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 i
with the same penalties and under the same provisions as to sale and I
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 rat~ 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
- 2 - Res. No.16-93
'.
NOTICE OF ASSESSMENT
Date
TO: Mr. L.D. Terry
ADDRESS: 6901 S. Congress Avenue, Lantana, FI 33460
PROPERTY: 1205 So. Dixie Highway, Delray Beach, F1 33444
LEGAL DESCRII>TION: Lots 1 to 5, Block 6, Silver Terrace according to
Pl~~ Rook 11. Page 61 of the official records of Palm Beach County, F1
You. as the record owner of. or holder of an interest in. the above-
described property are hereby advised that a cost of $II,180.40by resolution
of the City Commission of the City of Oelray Beach. Florida, dated
. 199 2. 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 not.ice on .lO:::..5~
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 tllat the action
would be initlBt~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 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 remBle
the unsafe condition existing on tIle above-described property on 1-12-
at a cost of $11.180.40 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.
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Copy of all notices referred to in this notice are available in the
office of the Build~n8 Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt/71
SUBJECT: AGENDA ITEM ~ 11. P. - MEETING OF FEBRUARY 23. 1993
GEOTECHNICAL CONSULTING SERVICES
DATE: February 19, 1993
This item is before you to approve the ranking of firms and authorize
staff to negotiate contracts for continuing geotechnical consulting
services with the four top ranked firms.
A total of twelve (12) responses were received in response to the RFQ
for geotechnical consulting services. Based on staff's review of
those responses the top four firms were ranked as follows:
1. Nutting Engineers of Florida, Inc.
2. Professional Services Industries, Inc.
(Jammal and Associates Division)
3. Universal Engineering Sciences
4. Testing Lab of the Palm Beaches, Inc.
Geotechnical consulting services include soil boring samples and
testing of construction materials.
Recommend approval of the ranking of the top four firms and authorize
staff to negotiate contracts for continuing geotechnical consulting
services with those firms.
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Agenda Item No.:
AGENDA REQUEST
Date: 2/12/93
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: 2/23/93
Description of item (who, what, where, how much) : staff requests Commission
award Continuing Consultant Contracts for Geotechnical Engineering services to
the following firms:
1. Nutting Engineers of Florida, Inc.
2. Professional Services Industries, Inc. , Jammal Assoc. Division
3. Universal Engineering Sciences
4. Testing Lab of the Palm Beaches
Funding will be on an as needed basis from project accounts.
ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED YES@
~~;=endatiOM Staff re~ award of consulting contracts to the listed
Department Head Signature: ~~~j? :1-/~/1)
I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives ~ (if applicable)
Account No. & DescriPtion~
Account Balance
City Manager Review:
Approved for agenda: &/NO t~/l
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
DH: mm
File: DHAGE212.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
ItS;
TO: DAVID T. HARDEN t:; C~/L
CITY MANAGER 'F8, V€()
C/J')' .? .
THRU: WILLIAM H. GREENWOOD 4t4~ I.9.9J
DIRECTOR OF ENVIRONMENTAL SERVICES ~C~~,
/l (,vb . S n~
FROM: RICHARD C. BASKO, P.E. W ...~/CE
ASSISTANT CITY ENGINEER
DATE: FEBRUARY 12, 1993
SUBJECT: GEOTECHNICAL CONSULTANT SELECTION
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Engineering staff has completed the review and evaluation of
packages submitted in response to our RFQ for Geotechnical
Consul tants. On the basis of this review, we recommend the
following firms be awarded continuing contracts with the City:
1. Nutting Engineers of Florida, Inc.
2. Professional Services Industries, Inc.
Jammal & Associates Division
3. Universal Engineering Sciences
4. Testing Lab of the Palm Beaches, Inc.
A total of twel ve (12) responses were received. All packages
were evaluated using the attached rating format. I am attaching
a copy of the respondent list as prepared by Purchasing
Department, as well as an agenda request for award of continuing
contracts to the firms listed above.
RCH:kt
Attachment
cc: Ralph E. Hayden, P.E., City Engineer
Ted Glas, Director of Purchasing
David Tolces, Asst. City Attorney I
File: Memos to David T. Harden, City Manager
DHDHF11.KT
.
GEOTECHNICAL CONSULTANT
RATING CRITERIA
1. General Data (10 Points)
Does the Firm have a local office. .
-
- Is there a local responsible party (i.e., Principal of the
Firm).
- Does the Firm maintain Professional Liability Insurance
(how much) .
- -
2.' Principal in Charge (20 Points)
- Location.
- Experience in Geotechnical Engineering projects.
3. Project Manager (20 Points)
- Capabilities relative to the types of projects the city has.
- Years of experience.
- Track record.
- Location.
4. staff/Equipment (20 Points)
- Geotechnical experience
- Years of experience
- Track record.
- Location
- Equipment capabilities to handle the types of projects the
city has.
5~, staff/Existing Work (10 Points)
.. - Based on existing workload, does the Firm have adequate staff
to service Delray Beach.
6. Miscellaneous/Intangibles (20 Points)
- Has the Firm addressed the needs of the City.
- General presentation/professional appearance.
- Overall impression of submittal ( gut feeling)
.
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1
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JANUARY 07, 1993
RFQ # 93-14
REQUEST FOR QUALIFICATIONS
GEOTECHNICAL ENGINEERING AND TESTING SERVICES
SUBMITTALS RECEIVED:
l. ASETC - ALL STATE ENGINEERING
& TESTING CONSULTANTS, INC.
3745 N.W. 50TH STREET
MIAMI, FLORIDA 33142
(305) 638-5882
HAMID I. SIDDIQUI
2. TESTING LAB OF THE PALM BEACHES INC.
P.O. BOX 211
514 EAST COAST STREET
LAKE WORTH, FLORIDA 33460
(407) 585-7515
E. VICTOR BRYNTESON
3. NUTTING ENGINEERS OF FLORIDA, INC.
1310 NEPTUNE DRIVE
BOYNTON BEACH, FLORIDA 33426
(407) 736-4900
PATRICIA E. HALL
4. GILLOTTI, FRIONE & ASSOCIATES, INC.
P.O. BOX 1084
,BOCA RATON, FLORIDA 33432
(407) 241-7522
FRANK FRIONE
5. DAMES & MOORE
6400-A CONGRESS AVENUE
SUITE 2500
BOCA RATON, FLORIDA 33487
(407) 994-6500
ROBERT B. WALLACE
6. KEITH AND SCHNARS, P.A_
6500 NORTH ANDREWS AVENUE
FT. LAUDERDALE, FLORIDA 33309-2132
(305) 776-1616
PETER R. WAGONER
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7. UNIVERSAL ENGINEERING SCIENCES
7567 CENTRAL INDUSTRIAL DRIVE
RIVIERA BEACH, FLORIDA 33404
(407) 848-4015
H. PAUL BRAZIL
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8. PROFESSIONAL SERVICE INDUSTRIES INC.
JAMMAL & ASSOCIATES DIVISION
2540 METROCENTRE BLVD.
SUITE 1
WEST PALM BEACH, FLORIDA 33407
(407) 689-3400
MICHAEL J. O'CONNOR
9. WINGERTER LABORATORIES, INC.
1820 N.W. 144 STREET
NORTH MIAMI, FLORIDA 33181
(305) 944-3401
FELIX A. PEGUERO
10. ADVANCED TESTING LABORATORIES OF FLORIDA INC.
2822 FORSYTH ROAD
SUITE J - 102
WINTER PARK, FLORIDA 32792
(407) 671-1800
MICHAEL D. FUNK
11. ARDAMAN & ASSOCIATES, INC.
2511 WESTGATE AVENUE
SUITE 10
WEST PALM BEACH, FLORIDA 33409
(407) 687-8200
MARK L. MONGEAU
12. ATEC ASSOCIATES, INC.
3555 FISCAL COURT
SUITE 9
WEST PALM BEACH, FLORIDA 33404
(407) 844-1166
STEVEN E. BLACK
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/"!~ 1
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SUBJECT: AGENDA ITEM # Y.G. - MEETING OF FEBRUARY 23. 1993
RESOLUTION NO. 18-93
DATE: February 19, 1993
This is a resolution supporting the request of the Florida Department
of Natural Resources for additional time and money to further study
the re-establishment of the Coastal Construction Control Line in Palm
Beach County.
Recommend approval of Resolution No. 18-93.
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201 MeT PALMETTO PAN< !roAD. IOCA RATON. 'L.~DA 33432-3730 . <..(7) 383-7708 0-. ....,." -~.
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MAYOR COUNCIL MEMBERS
EMIL. F. OANCIU STEVI;N L, ABRA/lIlS
OEPUTY MAYOA ALAN C. ALFOFlO
ESTI-lIER a. OANCE alL.1.. T. SMITIo4, JR,
February 9, 1993
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Dear Coastal Mayor:
1 am writing as chairman of the Intergovernmental Relations
Subcommittee of the Coastal Communities Coalition.
A8 I am sure you are aware, the Coalition was formed to
address the State's proposal to relocate the Coastal
Construction Control Line in Palm Beach County.
Enclosed please find a copy of a resolution adopted by the
Town of Palm Beach supporting the state Department of Natural
Resources request for additional time and funds to properly
complete their model in a manner that is fair to our
communities. The Town's resolution was sent to the entire Palm
Beach County Legislative Delegation.
r"'~ ::J
( I am requesting that your municipality adopt a similar
~ resolution and mail it as well to the Delegation and my otfice _.1
; for our records. (
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This action would be most helpful in demonstrating our
dissatisfaction with the current model and addressing this
matter properly.
Thank you in advance for your attention to this matter.
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. ams
Council Member
Encl.
c: Honorable Arlin G. Voress
ConuniBsioner, Town of Highland Beach,
Chairman, Coastal Communities coalition
Honorable Mike Martino, Mayor of Palm Beach Gardens,
President, Municipal League
SLA266\E
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RESOLUTION NO, 18-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPORTING THE REQUEST OF THE
FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR ADDITIONAL
TIME AND MONEY TO FURTHER STUDY THE RE-ESTABLISHMENT
OF THE COASTAL CONSTRUCTION CONTROL LINE IN PALM BEACH
COUNTY.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, is extremely concerned about the potential negative impact
of the proposed relocation of the State's Coastal Construction
Control Line (CCCL) upon the development rights of City property
owners and the City's property values; and,
WHEREAS, based upon the concerns which have been raised by
the City and other local agencies, the Florida Department of Natural
Resources (FDNR) has indicated its desire to perform additional
analysis and to reconsider the proposed location of the
re-established CCCL; and,
WHEREAS, the FDNR has requested an extension of time and an
appropriation of State funds to facilitate this additional analysis;
and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, supports the FDNR's position and believes that the extension
of time and appropriation of funds would be in the best interests of
the residents of the City of Delray Beach, Palm Beach County, and the
State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City of Delray Beach endorses the
request of the Florida Department of Natural Resources (FDNR) for an
extension of time and an appropriation of State funds to facilitate
additional analysis and further consideration of the proposed
relocation of the Coastal Construction Control Line (CCCL) throughout
Palm Beach County.
Section 2. That the City of Delray Beach requests the
Florida Legislature to grant the FDNR's request so as to prevent
technically unsubstantiated regulation via a prematurely relocated
CCCL and the litigation which would likely result therefrom.
Section 3. That the City Clerk is hereby directed to
forward a copy of this Resolution to all members of the Palm Beach
County Legislative Delegation and to other local and State officials,
as appropriate.
PASSED AND ADOPTED in regular session on this the 23rd day
of February, 1993.
MAY 0 R
ATTEST:
City Clerk
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:IT, ATTOF'i'JE'{'~, OFFICE TEL ~,lo, 407 ~7:3 47:,: Fet, l~i.~I:- l:::-- - - -
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[ITY DF DELIAY IEAEM
CITY ATTORNEY'S OFFICE 20U NW 1st AVENUE' OElR'AY BEACt-I. FLORIDA 33444
FACSIMII.E 4071;l78.475S wc~~.r'_ ~Lc.a~ LLn.
(407) 243-7090
- . MEMORANDUM
Date: February 19, 1993
To: City Commission ~
From: Da~1d N. Tolces, Assistant City Attorne
Subject: Ri9ht ot Entry/License Agreement
Daughter of Zion Seventh Day Adventi6t ChurCh
At the present time, the CIty Is installing sidewalks aloog
N.W. 2nd Street. The sidewalk abutting the Daughter of Zion
Church is sit.uated outside ot the right-ot-way. Therefore,
this agreement is required in order to allow the City's
contractor to enter onto the property to make the necessary
improvement.. Approval 1. r.comm.n~.d.
If you ha~ any questions, please call.
DNT: sh
At.tachment
cc: David Harden, City Manager
entq-Z .clAt
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'~ : T\/ ~~ ~ .,.. ;:' :::' \,:: j ~.s :: C" C" : i: :: ~ ~ _ ~"~::. j ('" '.~ .:.-: ...:. - ::- =- -:- ~ h ~;~. ~l -= ~ -= . ~ : :. ~ .
RIGHT OP ENTRY AND LICENSE AGRBEMENT
FOR SIDEWALK CONSTRUCTION
PROJECT: 1992 Street Resurfacing
PROJECT NO.: 92-01
PROPERTY OWNER: Dauqhter of Zion Seventh Day Adventist Church
ADDRESS: 201 N.W. 3rd Avenue, Oelray Beach, Florida
THIS AGREEMENT entered into this day of ,
1993, by and between the CI'l'Y or DElaRAY BEACH, a Florida
municipal corporation, (hereinafter referred to as CITY), and
DAUGHTER or ZION SEVENTH DAY ADVENTIST CHURCH referred to as
(OWNER), provides a. follows:
WHEREAS, the CITY desire. to replace the 51dewalk along
the south .ide at property, and;
WHEREAS, the City ha. determined that the improvements are
necessary to protect the public health, 8afety, and welfare,
and;
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WHER~S, 1n order to complete sald sidewalk replacement,
it Is necessary for the CITY to enter upon and perform various
storage and construction task. on the following described
property:
201 M.W. 3rd Avenue
and,
WHEREAS, as part ot this project, the CITY 18 willing to
restore the OWNER I S land, property, fac!li ties and/or vege-
tation to its or19inal condition upon completion of the
project.
NOW, THEREFORE, 1n witness of the above and in conSidera-
tion of the CITY agree1ng to conduct the aforesaid sidewalk
construction and/or mod1t1cations, and to restore the property
paq. 1 of 3
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::n HTTIJF~JE''( '3 [iF::-rCE TE~ ~,J'J. ,...... - - 1 -.-- -;;. .- -' . -
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I< to its original condition, and for other good and valuable
consideration in hand received, OWNER hereby grants unto the
CITY, the1r Employees, Agents, Contractors, Sub-contractors,
and/or Assigns the license and right to enter- upon said land of
OWNER for the purpose of conducting sidewalk construction or
modifications. - .
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1. The above stated recitals are incorporated herein dS
if fully set forth herein.
2. It 1s further agreed that for the previously
referenced consideration, OWNER, hereby releases and holds the
CITY harmless trom any damages that result or might result to
OWNER'S property as a result of tile CITY, the Employees,
Agents, Contractors, Sub-Contractors and/or Assigns comlng upon
sald land for the purposes previously stated. This paragraph
shall apply except in cases of negligence, gross negligence or
intentloliti acts of destruction which may occur during the
utility construction.
3. It is further agreed that the lIcense and r1ghts
qranted hereIn shall cease upon completion and finalization ot
the contract upon Which 8aid construction 1s performed.
IN WITNESS WHIREOF, the parties hereto have entered into
this Agreement as ot the day and year first above written
WITNESSES: OWNER/AGENT:
By:
w.o. EdwardS, Pastor
(Type or Print Name)
(Type or Print Name)
Page 2 of 3
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:rT'i ';;TTrJF'~EY ':, iJFFI:C: -:- E l.. j\j iJ . 4:; ~ .=: ~:' J -:-:- =- ~ :: : ~~ . ~.: . - . -. - -
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CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST: Thoma8 Lynch, Mayor
City Clerk
Approved d8 to Form:
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City Attorney
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER r1~i
SUBJECT: AGENDA ITEM it ~.jC. - MEETING OF FEBRUARY 23. 1993
AWARD OF BIDS AND CONTRACTS
DATE: February 19, 1993
This item is before you to approve the award of the following bids and
contracts:
~~. Allamanda Gardens Drainage Improvements - Colonna
q. . Construction Company in the amount of $91,980.03 with funding
~from General Construction Fund - Allamanda Gardens Improvements
(Account No. 334-1978-554-60.69/$45,941), Community Development -
Water and Sewer Improvements (Account No.
6~O 118-1964-554-60.24/$11,052), Renewal and Replacement Fund - Fire
Hydrant Replacement (Account No. 442-5178-536-61.77/$6,870), and
General Construction Fund - Streets, Alleys and Sidewalks
(Account No. 334-3162-541-63.10/$28,117.03) .
2 . East Atlantic Avenue Drainage Outfall (Emergency Repair) -
Ocean Bay Construction Company in the amount of $15,355 with
funding from Storm Water Utility - Drainage Outfall (Account No.
448-5411-538-62.17)i subject to concurrent approval of budget
transfer from Storm Water Utility Northwest Drainage (Account No.
448-5411-538-62.11) to (Account No. 448-5411-538-62.17) in the
amount of $15,355.
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Recommend approval of the award of the above bids and contracts with
funding as indicated.
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RICHARD C. HASKO, P.E. /'J/c%'
ASSISTANT CITY ENGINEER ~
DATE: FEBRUARY 16, 1993
SUBJECT: ALAMANDA GARDENS DRAINAGE IMPROVEMENTS
PN 92-035
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Attached please find a bid tabulation and agenda request for
award of the construction contract for the subject project. The
work consists of sidewalk construction, pavement overlay, minor
drainage improvements, and utility adjustments. Please note that
the initial low bidder, R. P. Hamby, withdrew his bid within 24
hours subsequent to the bid opening. The lowest responsible
responsive bidder, then, is Colonna Construction Co. with a
proposal of $ 91,980.03. The funding sources for this project
are as follows:
Account Amount
334-1978-554-60.69 $ 45,941.00
118-1964-554-63.50 11,052.00
442-5178-536-61.77 6,870.00
334-3162-541-63.10 28.117.03
Total $ 91.980.03
RCH:kt
cc: Lula Butler, Dir. of Community Improvement
Ralph E. Hayden, P.E., City Engineer
George Abou-Jaoude, Deputy Dir. of Public utilities
Ted Glas, Director of Purchasing
File: David T. Harden, City Manager
92-035 (D)
DHAGDF16.KT
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Agenda Item No.:
AGENDA REOUEST
Date: February 16, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: February 23, 1993
Description of item (who, what, where, how much): Staff request award of construction
contract for sidewalk, pavement overlay. and drainaae imorovements for Al~m~nd~ G~rnpn~ tn
Colonna Construction Co., Inc.. the lowest resoonsible resoonsive bidder. in the amount of
$ 91,980.03.
Funding sources are:
334-1978-554-60.69 -------------- $ 45.941.00
118-1964-554-63.50 -------------- 11.052.00 (]I
442-5178-536-61.77 -------------- 6,870.00
334-3162-541-63.10 -------------- 28,117.03
Total $ 91,980.03
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
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Recommendation: Staff recommends contract award to Colonna Construction Co.
Department Head Signature: &)flf3?>-Q~~JJ ::;> ,/;6(? ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: E /NO
Funding alternative (if applicable)
~~~~~:= ::~":c~..cription ~~m.fQ:t>:t 1:I L.l.AVWIl: 6~NS -: I MPi<VJ ,
I - I '4-;55 .~-:2-cr LAND DE: - ~s 1M f(4)V.
City Manager Review: II 0;;;2-
Approved for agenda' {j;;N? t -~I 7&- S% ,{,(-ll f.21'\ R F ( R€ ttVl:>/2AIJT REPL-.
Hold Until: 1,/)./ 50,4-12...
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Agenda Coordinator Review: '4--3If;2..-C;;4/.fo=3-fO 5~'s,ALLE\I?I~It:9\WJL5
2-S:::D (W
Received:
Placed on Agenda:
Action:
Approved/Disapproved .
/agenda.kt
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER p?/Ilb z-)III'J
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RALPH E. HAYDEN, P.E.~
CITY ENGINEER
DATE: FEBRUARY 8, 1993
SUBJECT: EAST ATLANTIC AVENUE DRAINAGE OUTFALL
92-041
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Attached is a Notice to Proceed with emergency repairs along with
an agenda request for award of the construction contract for East
Atlantic Avenue Drainage Outfall. Ocean Bay Construction, is the
lowest responsible responsive bidder of the three emergency
contractors requested to bid the project (see bid tabulation
sheet). This project involves the installation of drainage
pipes, structures and tideflex valve provided by the Florida
Department of Transportation. The total contract amount for East
Atlantic Avenue Drainage Outfall is $ 15,355.00 which will be
funded, out of Account No. 448-5411-538-~.~~
~t7
This work is being conducted on an emergency basis to relieve
flooding which occurs after heavy rains or extreme high tides at
the low point in Atlantic Avenue just east of the Intracoastal
waterway bridge.
The East Atlantic Avenue Drainage Outfall Project is a joint
effort between the Florida Department of Transportation and the
City to provide a more effective drainage outfall with a tide
control valve for East Atlantic Avenue. Florida Department of
Transportation will be providing the materials at a cost of
$ 13,000.00, while the City will be furniShing the installation
cost.
We have reviewed the bid from Ocean Bay Construction for the East
Atlantic Avenue Drainage Outfall. We have determined that the
unit prices for the bid items are comparable with the prices from
past projects of this size.
REH:kt
Attachment
cc: Ted Glas, Director of PurChasing
Robert Barcinski, Assistant City Manager Adm/Serv.
Sandee Mills, Executive Assistant
Mark Kilbourne, superintendent of streets
\
File: Memos to David T. Harden. city Manaoer ~.I.tL.
.
Agenda Item No.:
AGENDA REOUEST
Date: Februarv 8. 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
Workshop Agenda When: Februarv 23. 1993
Description of item (who, what, where, how much): Staff request city Commission
to approve emergency repair of the East Atlantic Avenue Drainage Outfall,
Project No. 92-41. This is needed to improve drainage on East Atlantic Avenue
east of the Intracoastal Waterway and prevent tidal backflow into the system.
Lowest responsive/ responsible bidder is Ocean Bay Construction, Inc. at
$15,355.00. They are one of the emergency contractors originally approved by
City Commission on March 10, 1992 (Bid No. 92-17). Funding source is
448-5411-538-i2.11.
62--(7
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission to approve emergency repair of
East Atlantic Avenue Drainage Outfall.
Department Head Signature: ~'
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~ed on all items involving expenditure of funds):
Funding available: / YES 0
Funding alternative (if applicable)
Account No. & Desc-:iPtion~-MA~l~ lfr~~~~
Account Balance /<;;; /35S" E:Cr)
City Manager Review:
Approved for agenda: ~/NO t <Ai)
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
DBDR0208.MRM
.
.
CITY of DELRAY BEACH
ENGINEERING DIVISION
NOTICE TO PROCEED
With
EMERGENCY REPAIRS
DATE: February 8, 1993
TO: Ocean Bay Construction, Inc.
~
ADDRESS: 2200 N.W. 16th Street
CITY/STATE: Pompano Beach, FL 33069
Description of Repairs: Emergency repair to the East Atlantic Avenue Drainage
Outfall. This repair will provide better drainage for East Atlantic Avenue
and prevent tidal backflow into the drainage system. Acct. #448-5411-538-62.11
Bid Amount: $15.355.00
Completion Date: within 14 days
In accordance with Bid #92-17, you are hereby notified to proceed with
the above described repairs, per instructions from the Public
Utilities Division. A confirming purchase order will be forthcoming.
Ocean Bay Construction $15,355.00
W. Jackson & Sons 15,785.00
Johnson & Davis 20,000.00
CITY MANAGER
City of Delray Beach
.
.
BID TABULATION
I ATLANTIC AVENUE I
DRAINAGE OUTFALL
DATE: February 5, 1993
OCEAN BAY W. JACKSON & SONS
CONSTRUCTION CONSTRUCTION CO.
NO. DESCRIPTION UNIT UNIT TOTAL UNIT TOTAL
QTY. PRICE PRICE PRICE PRICE
1 INSTALL 4' STORM EACH 1 6500.00 6,500.00 5500.00 5,500.00
MANHOLE PROVIDED BY
CITY
2 INSTALL 24" R.C.P. L.F. 24 125.00 3,000.00 90.00 2,160.00
PROVIDED BY CITY
3 INSTALL PRECAST EACH 1 2680.00 2,680.00 3500.00 3,500.00
CONCRETE HEADWALL
PROVIDED BY CITY
4 CONSTRUCT CONCRETE EACH 2 700.00 1,400.00 500.00 1,000.00
COLLARS
5 SOD REPLACEMENT S.F. 2500 0.15 375.00 0.25 625.00
(FLORATAM)
6 SIDEWALK L.F. 20 5.00 100.00 25.00 500.00
REPLACEMENT
.
7 MISC. TREE/SCHRUB L. S. 1 500.00 500.00 500.00 500.00
REPLACEMENT
8 REMOVE AND REUSE L. S. 1 300.00 300.00 1500.00 1,500.00
EXISTING CONCRETE
RUBBLE
9 INSTALL TIDEFLEX EACH 1 500.00 500.00 500.00 500.00
VALVE PROVIDED BY
CITY
TOTAL BID $ 15,355.00 $ 15,785.00
JOHNSON' DAVIS PROVIDED A LUMP SUM BID AMOUNT OF $ 20,000.00
,
--
City of Defray Beach
Departmental Budget Transfer
17-Feb-93
(1) Departmental Une Transfer (2) Date
(3) Interfundllnterdepartmental Transfer (4) Batch Number
Budget
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
448-5411-538.62-11 NW Drainage Project 15,355
448-5411-538.62-17 prainage Outfall 15,355
15,355 15,355
(10) TOTAL
JUSTIFICATION: Emergency repairs of the East Atlantic Avenue Drainage Outfall
. d to orevent tidal backflow into the system.
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
~
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{~
SUBJECT: AGENDA ITEM i 9/1 - MEETING OF FEBRUARY 23. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: February 19, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period February
8, 1993 through February 19, 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 architectural elevation and landscape plans in
conjunction with the addition of a modular building at Wallace
Dodge.
-Approved the architectural elevation plan (color change) for
Perfect Ten.
-Approved the architectural elevation plan (color change) for
Abbey Delray South.
-Approved the architectural elevation plan (facade and color
changes) for Fast Glass and Mirror Company.
-Tabled the site, landscape and architectural plans associated
with the construction of a 2,000 square foot Laundromat at the
Bi-Lo Grocery market site.
-Approved the site plan for the establishment of a landscape
contractor's office, "Landscape Technology II , waived the
requirement for a five foot side walk along Royal Palm Drive, and
recommended that the Commission waive the requirement to pave
Royal Palm Drive.
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.
,a
.
,r,\
~~; /1
01../
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: Q T. HARDEN, CITY MANAGER
I ~j~
\ .... --<:)
THRU: VID . KOVACS, DI~
DEPARTMENT OF PLANNING AND ZONING
Ot&ffh~ a/g~
FROM: ~~SMIN ALLEN, PLANNER I
SUBJECT: MEETING OF FEBRUARY 23, 1993
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 8, 1993 THRU FEBRUARY 19, 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 February 8, 1993, through
February 19, 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
February 8, 1993 thru February 19, 1993
Page 2
PLANNING AND ZONING BOARD MEETING OF FEBRUARY 8, 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 on a vote of 4 to 2, that the proposed changes
to the Delint/Waterford DRI-DO do not constitute a
substantial deviation and recommended that the DRI-DO be
amended as outlined in the staff report.
* Recommended on a vote of 6 to 0 the Initiation of Plan
Amendment 93-1.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 10,
1993: :
1. Approved the architectural elevation plan and landscape
plan in conjunction with the addition of a modular building
associated with the Wallace Dodge development. The site
plan was previously approved by the Board (Vote 5 to 0).
2. Approved the architectural elevation plan (color change)
for Perfect Ten located on the west side of NE 6th Avenue,
just south of NE 2nd Street (Vote 6 to 0).
3. Approved the architectural elevation plan (color change)
for Abbey Delray South located at the southeast corner of
Linton Boulevard and Homewood Boulevard (Vote 6 to 0).
4. Approved the architectural elevation plan (facade and color
changes) for Fast Glass & Mirror Company, located at the
northwest corner of Federal Highway and NE 14th Street
(Vote 6 to 0).
5. Tabled the site plan, landscape plan and architectural
elevation plan associated with the construction of a 2,000
sq. ft. laundromat at the Bi-Lo Grocery located at the
southwest corner of Atlantic Avenue and SW 9th Avenue. The
Board tabled the project so that the applicant may
address the location of the proposed parallel parking
between the building and Atlantic Avenue, relocation of
the sidewalk along the east side of the existing building
and the provision of foundation plantings. With respect to
the architectural elevations, the Board felt that the
elevations should be similar to that of Peach Umbrella and
that hinge doors be utilized instead of overhead door
facing Atlantic (Vote 6 to 0).
,~
City Commission Documentation
Report of Appealable Land Use Items
February 8, 1993 thru February 19, 1993
Page 3
6. Approved the on a 6 to 0 vote the site plan associated with
the establishment of a landscape contractor's office
"Landscape Technology" located on the north side of Royal
Palm Drive, west of Wallace Drive. Concurrently, the Board
approved the waiver request to the requirement for a
5'sidewalk along Royal Palm, and recommended that the City
Commission approve a waiver of the requirement to pave
Royal Palm Drive.
No other appealable items were considered by the Board.
HISTORIC PRESERVATION BOARD (No Regular meeting was held during
this period).
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
'.
LOCATION MAP FOR
CITY COMMISSION MEETING
OF FEBRUARY 23. 1993
L-30 CANAL w ~
;) i
~
~ ~ 8
! ~
LAKE IDA ROAD
"" I
e 2
ATlANTIC AVENUE SW 2 51
~ ~
5 ! III ..
5 a a
2 i
LDWSON BOULEVARD
I
2
0
UNTO" BOULEVARD :z:
~0It1i ~
~
;
~
L-38 CANAL
S.P.R.A.B. ITEMS:
1. - WALLACE DODGE
2. - PERFECT TEN BEAUTY SALON
3. - ABBEY DELRA Y SOUTH
4. - FAST GLASS" toilRROR CO.
5. - 91 - LO GROCERY
N 6. - LANDSCAPE TECHNOLOGY
-
CITY OF DELRAY BEACH. FLORIDA
PLANNINC DEPARTlotENT
1
.
- ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM i 98 - MEETING OF FEBRUARY 23. 1993
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 93-1
DATE: February 19, 1993
This item is before you to authorize staff to initiate Amendment 93-1
to the City's Comprehensive Plan.
Generally, the first amendment of each year focuses upon updating the
work program in the Comprehensive Plan; making adjustments to the
Capital Improvement Program; status of various objectives and
policies; corrections; and general housekeeping. The proposed
amendment is processed so that final action will occur concurrent with
final consideration of the annual operating budget in September. The
proposed processing schedule is as follows:
-March 15, 1993 - Planning and Zoning Board public hearing.
-March 23, 1993 - City Commission transmittal hearing.
-July I, 1993 - Receipt of O.R.C. Report from DCA.
-August 10 and 24, 1993 - City Commission adoption hearings.
Items of potential significance proposed in Amendment 93-1 are
detailed in the staff report attached as backup material for this
item.
The Planning and Zoning Board at their February 8th meeting reviewed
Amendment 93-1 and forwarded it to the Commission with a
recommendation cf approval.
On page five of the staff report a recommendation is made to requre a
marketing analysis for new retail over five acres. I believe this is
a bad idea. We would be setting ourselves up to interfere with the
market, substitute our judgement for that of the entreprenuer, and
possible anti-trust violations.
. -
Recommend initiation of Amendment 93-1 to the City's Comprehensive
Plan.
.
-
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ,'~ID T. HARDEN, CITY MANAGER
\ ; \ _ I \ \) '1
\ \ )O>--'--j/\ ~ X 000 ,-
FROM: David Kovacs, Director of Planning and Zoning
SUBJECT: MEETING OF FEBRUARY 23, 1993
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 93-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of initiating
Amendment 93-1 to the City's adopted Comprehensive Plan.
Pursuant to LDR Section 9.2.1, "a Plan Amendment shall only be
initiated by formal action of the City Commission." Thus, this
item is before the Commission for formal action.
BACKGROUND:
The Planning and Zoning Board formally reviewed this item at its
meeting of February 8, 1993 and recommended that the City Commission
initiate Comprehensive Plan Amendment 93-1, containing the material
stated in the attached staff report, with the following changes to
the list of Capital Improvement Projects on page 5:
* The following projects are to be included for consideration in
Amendment 93-1:
- Catherine Strong Center (Boys and Girls Club)
- Park in the Southwest
- Lake Ida Rd. Widening (Swinton - N.E. 2nd Ave.)
- Tennis Center, Phase II
- Pompey Park Pool Replacement
- Ci ty Attorney I s Parking Lot and Balance of Block
Improvements
- School Site "s" - Infrastructure Participation
- School Site "S" - Participation in Land Purchase
- S.W. 10th Ave. - Participation in construction
- Cemetery Irrigation and Landscaping (with a shift in
funding source to General Fund)
- Computerized Irrigation
- Northwest Area Drainage Project, with Water & Sewer
- Comprehensive Vehicle Replacement Program
* The following items are to be included in the Amendment to
establish need and enabling policies:
- ADA Compliance
- Building Maintenance Program
- Expansion of the S.W. 10th St. improvements
.
City Commission Documentation
Initiation of Comprehensive Plan Amendment 93-1
Page 2
* The following projects are recommended for inclusion in the
Plan Amendment at this time, but with some probability of being
dropped later in the Amendment process:
- Hurricane Shutters for City Hall
- Hurricane Shutters for Police Department
- Sandoway Park Life Guard and Bath house Facility
- New Golf Course Clubhouse
- Leon Weekes Preserve Improvements
- Roof Replacements on City Buildings
- Seawall Repair Program
- Lake Ida Road Beautification/
- Ballfields at Boy Scout Hut
- Heavy Utility Vehicle (Fire)
- AS 400 Computer System (POliCe)~
- George Bush Boulevard Improvements in Conjunction with the
Anchorage
Note: Items may be deleted as more information becomes
available; however, except for extraordinary
circumstances, no items will be added to the proposed Plan
Amendment once initiated by the City Commission.
RECOMMENDED ACTION:
By motion, initiate Plan Amendment 93-1 pursuant to the
recommendations of the Planning and Zoning Board and the
recommendations of this staff report.
Attachment:
* P&Z staff report & Documentation of February 8, 1993
T:\ADVANCED\AMEND3.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: February 8, 1993
AGENDA ITEM: IIB, RECOMMENDATION TO THE CITY COMMISSION
REGARDING THE INITIATION OF PLAN AMENDMENT 93-1
ITEM BEFORE THE BOARD:
- ..
The item before the Board is that of recommending to the
city Commission those items which should be considered in
Comprehensive Plan Amendment 93-1. Pursuant to LOR Section
9.2.1, amendments to the Plan must be formally initiated by
the city Commission.
BACKGROUND:
The City is allowed to enact two amendments to its Comprehensive
Plan each year. In Delray Beach, the first amendment of the
year generally focuses on updating the work program in our plan;
making adjustments to the Capital Improvement Program; updating
the status of various objectives and policies; corrections; and
general housekeeping.
The amendment process began with the annual review of progress
on programs and activities, which occurred at the "Town Hall
Meeting" of January 19, 1993 and continued with the public
hearing on infrastructure needs of January 25, 1993. This
annual report, together with a review of land use actions and
significant traffic accident locations, form the basis for the
Board to recommend initiation of a Plan Amendment.
In addition to historic activities, the annual process to define
the Capital Improvement Budget has begun with identification of
potential projects for FY 93/94. The proposed amendment is
processed so that final action will occur concurrently with
final consideration of the annual operating budget in September.
The last area of input to the amendment process is private
petitions to amend the Future Land Use Map. This year there
have been no petitions.
Most of the items suggested for inclusion in the Plan Amendment
have been reviewed by the Board at its Work Session of January
4/5, 1993. These items are listed below by category. A few
additional items have been brought forward since January.
Attached is the "draft" document which has been reviewed in
previous work sessions along with a "working matrix" dealing
with Capital Improvement items.
II. B.
~
P&Z Staff Report
lIB. Recommendation to the City Commission regarding the
Initiation of Plan Amendment 93-1
Page 2
The following is a list of items recommended to be included in
the Plan Amendment:
WELLS AND WELLFIELDS
These proposed amendments are made possible by the
accomplishments reported in the wellfield issue paper, and by
the proposed Light Industrial Zoning District.
- .-
Conservation Element:
Policy A-1.1 (monitoring of groundwater)
Policy A-2.2 (expand zone 3, one foot drawdown area)
Policy A-2.3 (changes to zoning code)
Public Facilities Element:
Policy B-2.3 (retrofitting of existing wells)
Policy B-2.4 (wellfield rights)
Policy B-4.2 (expansion of Wellfield Protection Ord.)
Policy B-4.3 (rezonings in well zone 1 and 2)
Future Land Use Element:
Policy A-S.1S (light industrial district)
Policy B-1.2 (rezoning in series 20 wellfield)
Policy B-1.3 (acquisition of western wellfield)
BEACH ACCESS
These proposed amendments represent the modifications
recommended in the revised Beach Access Study (attached).
Conservation Element:
Policy B-4.1 (walkovers to replace walkthroughs)
Open Space & Recreation Element:
Policy B-2.4 (change walkthroughs to walkovers)
Policy A-2.S (priority list for capital improvements)
Coastal Management Element:
Policy A-l.S (beach access study)
LAND DEVELOPMENT REGULATIONS AND MAPPING
These proposed amendments represent, for the most part, an
"updating" of the Comprehensive Plan to reflect LOR regulations
P&z staff Report
lIB. Recommendation to the city Commission regarding the
Initiation of Plan Amendment 93-1
Page 3
which the City has adopted. In addition, the proposed OSSHAO
rezoning and amendment to the CBO zoning are addressed.
Conservation Element:
Policy B-1.1 (map designation of sensitive lands)
Policy B-2.2 (preservation of areas subject to development)
Policy B-2.5 (10% preservation requirement)
Public Facilities Element:
Policy B-3.1 (techniques to reduce water consumption)
Policy E-1.5 (storm water regulations)
Future Land Use Element:
Policy A-5.6 (requirement re: Finding of Consistency)
Policy A-S.12 (OSSHAD rezoning)
Policy B-1. 4 (dedication of rights-of-way)
Policy B-2.3 (certification of concurrency)
CAPITAL PROJECTS
These proposed amendments reflect construction projects that
have been completed or put out for bid.
Public Facilities Element:
Page III-B-7 (lime softening conversion of WTP)
Page III-B-8 (water system interconnections)
Page lII-B-15 (new fire stations)
Page III-B-16 (public works renovation & new fire station)
Page III-B-17 (new computer system)
Page III-B-18 (lime softening, Fire Sta. t1, public works)
Policy B-5.1 (lime softening conversion of WTP)
Policy 0-1.2 (Fire Station #1)
Policy 0-1.3 (Fire Station #5)
Policy D-2.2 (Cemetery entrance road)
Policy E-3.2 (street reconstruction)
Open Space & Recreation Element:
Page 1II-D-l1 (new ballfields)
Page III-D-12 (Miller Park expansion)
Page 111-0-13.1 (Tennis Center)
Coastal Management Element:
Page III-F-13 (Beach Nourishment Project)
Policy C-6.1 (Veterans Park)
~
P&Z staff Report
lIB. Recommendation to the City Commission regarding the
Initiation of Plan Amendment 93-1
Page 4
Future Land Use Element:
Policy B-1. 1 (Fire Station #5)
Policy C-3.5 (Tennis Center & Fire Station #1)
Policy C-3.6 (Tennis center)
Policy 0-2.4 (Spady Access Road)
Capital Improvement Element:
Page III-H-8 (Spady Access road)
MISCELLANEOUS
These proposed amendments represent changes in a number of areas,
including an update of the tax and rate structures, changes in
road jurisdiction, and population adjustments.
Public Facilities Element:
Policy B-3.1 (techniques to reduce water consumption)
Traffic Element:
Policy A-7.3 (SR AlA as constrained facility)
Policy A-7.7 (reduction of ultimate right-of-way for Swinton)
Coastal Management Element:
Page III-F-14 ("17 acre parcel")
Policy C-6.2 ("riverwalk")
Future Land Use Element:
Page III-G-12 (percent of build out)
Policy C-2.4 (Atlantic Ave. redevelopment plan)
Policy C-4.8 (Pineapple Grove neighborhood plan)
Capital Improvement Element:
Page III-H-4 (tax rates)
Page III-H-5 (Golf Course rates)
In addition to the above, the following items will be addressed
in this Amendment:
* High Accident Location Analysis.
1 * A new policy in the Land Use Element, requiring a marketing
I
analysis for retail commercial uses greater than five
acres, prior to approval of Future Land Use Map changes.
P&Z Staff Report
lIB. Recommendation to the City Commission regarding the
Initiation of Plan Amendment 93-1
Page 5
* Extension of the limits of the S.W. 10th St. Improvement
project to Congress Ave.
* Programming for the S.W. 10th Ave. road construction
project.
* Update of Part IV "adoption" by referencing Plan Amendments
92-2 and 93-1.
* Establishment of need and/or programming for the following
projects in the Capital Improvement Program:
- Building maintenance program.
- Roof replacements for City buildings..
- Cemetery improvements (landscaping, irrigation, etc.).
- 800 Mhz radio system for Police/Fire.
- Hurricane Shutters for City Hall.
- Hurricane Shutter replacement for Police.
- Comprehensive Vehicle Replacement Plan.
- Pompey Park Pool replacement.
- Seawall repair program.
- Tennis Center, Phase II.
- New Golf Course Clubhouse.
- Catherine Strong Center Renovation.
- Completion of improvements to the City Attorney's
block.
- Northwest Drainage Area Project, with water & sewer.
- School Site "s" (water, sewer, street improvements).
- School Site "S", participation in land purchase.
- ADA compliance.
- Sandoway Park life guard and bath house facility.
- Weekes Preserve Interpretive Trail.
- S.W. lOth Ave. construction.
- S.W. 10th St. widening extension.
- Atlantic Dunes Boardwalk replacement.
- Park in the Southwest.
- Fuel Tank replacement (garage).
- Lake Ida Rd. widening (Swinton - NE 2nd)
- Lake Ida Rd. Beautification.
- Computerized Irrigation.
- Dune vegetation/bird studies.
- Community Center Addition.
- Ballfields at Boy Scout Hut.
- Paramedic Rescue Unit in Highland Beach.
- Pumper/Ladder Company in Highland Beach.
- Heavy Utility vehicle (F.D.).
- AS 400 (P.o. )
- Records Imaging Retrieval (P.D.)
- Auto Fingerprint I.D. System (P.D.).
- George Bush Blvd. improvements in conjunction with the
Anchorage.
,
P&Z Staff Report
lIB. Recommendation to the City Commission regarding the
Initiation of Plan Amendment 93-1
Page 6
Note that further work will be required to prioritize this list
as follows:
l. Projects already in the Plan, to remain ~n the Plan.
2. Projects recommended for inclusion in the Plan.
3. Projects recommended for inclusion at this time, but with
some probability _o.f being dropped later.
4. Projects not recommended for inclusion in the Plan.
RECOMMENDED ACTION:
By motion, recommend that the City Commission initiate
Comprehensive Plan Amendment 93-1, containing the material
stated in this staff report.
Attachment:
* Draft Proposed Amendment 93-1.
Report Prepared By: John Walker
Reviewed by David Kovacs on: :i'"h}J
T:\ADVANCED\AMEND2.DOC
COMPREHENSIVE PLAN AMENDMENT 93-1
CONSERVATION ELEMENT
I. Location: Pg. III-A-13, Policy A-l.1
Policy A-I. 1 A program of monitoring groundwater
conditions through installation of a series of monitoring
wells. The program shall also provide the expertise to
interpret and -assess monitoring reports. This program
shall be instituted by FY 89/90, if not sooner. (cl) .
Change: REVISION
Policy A-I.1 A program of monitoring groundwater
conditions through installation of a series of
monitoring wells. T)h~Th i s program ~)ia11 also
provide~ the expertise to interpret and assess
monitoring reports. T)iI~ IStQS~taJil ~)ia11 )St!
Iri~tIt~tt!~ )Sf 11 S9/901 It riQSt ~QSQSrit!tl (c1)
Comment: This function exists within the Environmental
services Department. Budget code - - -
----
( Division) applies.
2 . Location: Pg. III-A-14, Policy A-2.2
Policy A-2.2 The geographic area covered by
wellfield protection regulations shall be
expanded to include the area designated as the
one foot drawdown area. A local ordinance shall
be created and adopted in FY 91/92 which extends
the requirements of the County Ordinance to this
increased area.
Change: DELETION
PQS1Itt 1,.12/2 T)it! ~t!QS~talS)iIt att!a tQS'it!tt!~ )Sf
wt!11tIt!1~ IStQStt!ttlQSri tt!~~1atIQSri~ ~)ia11 )St!
t!xlSari~t!~ tQS Irit1~~t! t)it! att!a ~t!~I~riatt!~ a~ t)it!
QSrit! t00t ~taw~0wri att!al 'A 1QSta1 0t~lriaritt! ~)ia11
)St! ttt!att!~ ari~ a~0IStt!~ Iri 11 91/92 wKItK t!xtt!ri~~
tKt! tt!~~ltt!Jilt!rit~ QSt t)it! tQS~ritf 0t~lriaritt! tQS tKI~
Irittt!a~t!~ att!al
Comment: A local ordinance is no longer needed since the
County-wide Wellfield Protection Ordinance was modified to
include a Zone 4. This Zone 4 covers the one-foot drawdown
area. See support document t (wellfield issue
paper) for further information.
1
,
3. Location: Pg. III-A-l4, Policy A-2.3
Policy A-2.3 Within those areas covered by
wellfield protection regulations, uses which may
involve regulated chemicals shall be removed from
the list of permitted or conditional uses allowed
wi thin zoning designations which apply to such
property. The necessary code amendments shall be
adopted as an amendment to the Land Development
Regulations in FY 91/92. (cl)
Change: DELETiON
'0lltt Af2/~ WitKln tK0~e atea~ t0Yete~ ~t
welltlel~ ~t0tettl0n te~~latl0n~1 ~~e~ wKltK ~at
lriY0lye te~~late~ tKe~ltal~ ~Kall ~e te~0Ye~ tt0~
tKe ll~t 0t ~et~ltte~ 0t t0ri~ltl0rial ~~e~ all0we~
wltKlri i0rilri~ ~e~l~natl0n~ wKltK a~~lt to ~~tK
pt0~etttl TKe riete~~at1 t0~e a~eri~~erit~ ~Kall ~e
a~0~te~ a~ an a~eri~~erit to tKe tari~ 0eYel0~~erit
~e~~latl0ri~ lri 11 91/921 (tl1
Comment: A new zone district, Light Industrial (LI), which
addresses this subject was adopted by Ordinance __-93.
Please see support document '__ for the ordinance and its
supporting information. Also, see support document
# (wellfield issue paper).
4. Location: Pg. III-A-17, Policy 8-1.1
Policy 8-1.1 The environmentally sensitive areas
identified in Objective 8-1 shall be identified
on the Future Land Use Map by an "Open Space -
Conservation" symbol which shall draw attention
to this Objective. The F.I.N.D. parcels shall be
zoned open space or conservation zone district.
Change: REVISION
Policy B-1.1 The environmentally sensitive areas
identified in Objective B-1 gKall kSe have been
identified on the Future Land Use Map by an "Open
Space - Conservation" symbol. w){ltM. g){all ~taw
attentL0rl to t){l~ 0kS6ettLtJel The F.I.N.D.
parcels ~l'\all ~e have been zoned 0~en ~~ate 0t
into the conservation zone district. This zoning
shall be maintained in order to further Ob1ective
B-1.
Comment: This policy was accomplished with adoption of the
Future Land Use Map in 1989, and with adoption of the new
zoning map in October, 1990. The policy should be retained
as a maintenance policy to guard against, avoid or prevent
a future change to the Future Land Use Map.
2
5. Location: Pg. III-A-18, Policy B-2.2
Policy B-2.2 Whenever and wherever significant
or sensitive flora and fauna communities are
identified pursuant to Policy B-2.1, they shall
be preserved as if they were environmentally
sensitive areas as identified in Objective B-1.
Change: REVISION
Policy B-2.2 Whenever and wherever significant
or sensitive flora and fauna communities are
identified pursuant to Policy B-2.1, they shall
be preserved as if they were environmentally
sensitive areas as identified in Objective B-I.
[LDR Section 3.3.4(B)]
Comment: This requirement has been formally included in
the Land Development Regulations. However, it should
remain as a maintenance policy. The appropriate reference
to the LDRs is provided.
6 . Location: Pg. III-A-18, Policy B-2.5
Policy B-2.5 Whenever new development or
redevelopment is proposed along a waterway, a
canal, an environmentally sensitive area, or an
area identified via Policy B-2.1, an area
equivalent to at least 10% of the total area of
the development shall be set aside in an
undisturbed state or 25% of native communities
shall be retained pursuant to TCRPC Policy
10.2.2.2. (b3)
Change: REVISION
Policy B-2.5 Whenever new development or
redevelopment is proposed along a waterway, a
canal, an environmentally sensitive area, or an
area identified via Policy B-2.1, an area
equivalent to at least 10% of the total area of
the development shall be set aside in an
undisturbed state or 25% of native communities
shall be retained pursuant to TCRPC Policy
10.2.2.2. (b3) [LDR Section 3.3.4(B)]
Comment: This requirement has been formally included in
the Land Development Regulations. However, it should
remain as a maintenance policy. The appropriate reference
to the LDRs is provided.
3
1
7 . Location Pg. III-A-19, Policy B-4.1
Policy B-4.1 As a part of the City's ongoing
beach renourishment and protection program, the
existence of "walkthroughs" in the dune system
should be reduced by the filling in of
walkthrough areas, particularly with new
development or redevelopment of private property,
and the construction of attractive walkways over
the dune system; and thus continue to provide
easy access to the beach. (b4)
-'
Change: REVISION
Policy B-4.1 As a part of the City's ongoing
beach renourishment and protection program, the
existence of pedestrian accesses to the beach
shall be maintained and enhanced throuqh the
continuation of the dune manaqement program.
Where necessar to control erosion accesses
shall be enhanced in accordance with the Beach ,
Access Stu~YwaZKtHt0~~H~Y In tHe ~~ne "'
~)1,~lffit~e ieQiJriteQi 'tJ1 tHe tlZllri~ I'll rl>t
walKttltrl>Jri@fH atea~I pattltJrilatl1 wItH riew
~e~eI0p~erit rl>t te~e~eZ0p~erit rl>t ptl~ate ptrl>pett11
ariQi ttle trl>n~tt~ttlrl>ri rl>t atttattlie wal~waf~ rl>vet
tHe Qi~rie ~f~teVJ' ari~ tHJri~ trl>ritlriJrie trl> ptrl>il~e
ea~1 atte~~ trl> ttle 'tJeatHJ (b4)
Comment: See support document f (beach access study)
PUBLIC FACILITIES ELEMENT
1. Location: Pg. III-B-7, seventh diamond under INVENTORY AND
ANALYSIS
. The guality of the water, while meeting
health standards, is relatively hard.
Citizens frequently complain about water
quality. A commitment is made, through the
Comprehensive Plan, to change to a lime
coagulation system and, thus enhance water
quality. The estimated cost for the change
if(s) $5,865,000 (PBS&'] WTP Master Plan
Update, 1989) .
Change: REVISION
. The quality of the water, while meeting
health standards, l~ was relatively hard.
Citizens frequently complained about water
4
quality. A commitment Ii was made, t)l.tl15~~)l.
when the Comprehensive Plan was up-dated in
1989, to change to a lime coagulation system
and, thus enhance water quality. This
commitment was fulfilled in December, 1992,
through the completion of Pro1ect #91-22,
the lime softening conversion of the Water
Treatment Plant. T)l.e eitl~ate~ tl15it tl15t t)l.e
t)l.ari~e It $S/86S/eee (PSS'1 WTP Maitet Plari
tdlS~atel 19891'
Comment: Project. #91-22, lime softening conversion of the
Water Treatment Plant, has been completed.
2. Location: Pg. III-B-8, last diamond under INVENTORY AND
ANALYSIS
. Water system interconnections between the
City of De1ray Beach's system and the
systems of Boca Raton and Boynton Beach
should be provided in order to accommodate
emergency situations among these
communities. Such situations would occur
when the water supply to a community must be
reduced due to a shutdown of individual
wells or a wel1field.
Change: REVISION
. Water system interconnections between the
City of De1ray Beach's system and the
systems of Boca Raton and Boynton Beach
8)l.115~1~ kSe have been provided in order to
accommodate emergency situations among these
communities. S~t)l. iIt~atll15ri8 wl15~l~ l15tt~t
w)l.eri t)l.e watet i~~~lt tl15 a tl15~~riItt ~~it kSe
te~tfte~ llltfe tl15 a i)ikitllll15wri l15t I rilll I oj I lllkia I
well8 l15t a welltIel~' This need was
identified in the up-date of the
Comprehensive Plan in 1989; and was met by
completion of Project , - in 1992
,
Comment: Self-explanatory.
3. Location: Pg. III-B-15, last paragraph under INVENTORY AND
ANALYSIS
The Central Fire Station no longer provides the
space and facilities which are required for
modern operations. In recent years, trailers
have been placed next to the Central Station in
order to accommodate space needs. In addition,
the Station is located on prime commercial
5
,
property which is targeted for redevelopment as a
part of the Atlantic Avenue corridor. A new fire
station will replace substation .2 in 1990.
Rehabilitation and renovation is required for
substations #3 and #4 in order to provide
adequate facilities for fire fighters. A new
substation (#5) is required' in the southwest
portion of the community.
Change: REVISION
The Central Fire Station no longer provides the
space and facilities which are required for
modern operations. Iri t~terit teatsl ttalZets
~aYe ~eeri ~Zate~ riett t~ t~e eerittaZ Statl~ri Iri
0t~et t~ att0~0~at~ s~ate riee~~J A new Central
Fire Station is under construction on Atlantic
Ave. at N.W. 6th Ave. It has a scheduled
completion date of August, 1993. Iri ;{~~ltI0ril
tMe Statl0ri l~ Z0tilte~ 0ri ptltl~ t0trilettlilZ
pt0~ettt w~ltM I; t;{t~ete~ t~t te~eiel~ptl~rit ;{; ;{
piltt 0t t~e Atlaritlt AYeri~e t0ttl~0tJ
A new fire station wIll replaced substation 12 in
. 1990.
Rehabilitation and renovation I~ required for
substations .3 and #4 Iri 0t~et to pt~il~e
a~e~~ilte tatIlltles t0t tlte tl~Mt~tsJ was
provided for when the Comprehensive Plan was
up-dated in 1989. Those renovations are
scheduled for completion in 1993.
A new, temporary, substation (#5) .l; te~~lte~ has
been completed on Linton Blvd. at Old Germantown
Rd., in the southwest portion of the community.
The permanent Fire Station 15 on this site is
currently under construction and is scheduled for
completion in , 1993.
Comment: The projects cited have been completed to the
status noted.
4. Location: Pg. 111-8-16, eighth paragraph under "program for
additional facilities" (INVENTORY AND ANALYSIS):
The following opportunities exist:
. relocation of Utilities and the water
building to the Public Works Complex on SW
4th Street;
. such relocation would allow expansion of
City Hall needs to be accommodated at the
existing site.
6
-_...."~.., _...._._.._-"~-,--
The following needs exist:
. relocation of Fire Station #1 (Central) and
Fire Headquarters in order to provide more
appropriate facilities and clear the way for
redevelopment of the existing site;
. additional office space for City Hall
employees who are necessary to accommodate
normal growth and the demands for new
programs as reflected throughout this Plan.
This demand can be met by new facilities or
through the leasing (or other arrangements)
of office space in the proposed office
development area (Atlantic Avenue
Redevelopment) immediately south of the
existing City Hall Complex.
. Cemetery expansion to the reserved area
south of the existing facility.
Change: REVISION
T~e t0110~lri~ 0pp0tt~riltle~ exl~t'
; tel0tatl0ri 0t ~tllltle~ arilll tMe ~atet
~~llllllri~ to tMe P~~llt W0tK~ (l0t1plex 0ri SW
It)\ Stteetl
JI ~~t)\ tel0tatl0ri ~0~11ll a110~ expari~10ri 0t
tltt Mall rieelll~ to ~e att0R'uit01l1atelll at t~e
exl~tlri~ ~lte'
The following needs exist:
JI tel0tatl0ri 0t rIte Statl0ri II ((lerittall arilll
rIte Mealll~~attet~ lri 0tlllet to pt0Ylllle tl0te
ap~t0ptlate tatllltle~ arilll tleat t)\e ~at t0t
tellleYel0p~erit 0t tMe exl~tlri~ ~ltel
. additional office space for City Hall
employees who are necessary to accommodate
normal growth and the demands for new
programs as reflected throughout this Plan.
T~l~ llIe~arilll tari ~e tlet ~t rie~ tatllltle~ 0t
t~t0~~)\ t)\e lea~lri~ (0t 0t~et attari~etlerit~l
0t 0ttlte ~pate lri t~e pt0p0~elll 0ttlrte
llIeiel0ptlerit atea (Atlaritlrt Aieri~e
ltellleiel0ptleritl IR'uitellllat.elt ~0~t)\ 0t t){e
exl~tlri~ eltt Hall t0t1plex'
. Cemetery expansion to the reserved area
south of the existing facility.
7
,
Comment: The Utili ties Division has been relocated to the
Public Works Complex, along with Engineering and the other
divisions of the Environmental Services Department.
Previously programmed City Hall expansion has been
completed at the existing site, along with accommodation of
the City Attorney's Office in the former water building.
Fire Station II (Central) and Fire Headquarters relocation
is under construction on Atlantic Ave. at N.W. 6th Ave.
With respect to City Hall staffing, recent events have
frozen staff growth and an informal "down-sizing" effort
has occurred. Objective D-3, of this Element, calls for a
staff/space needs study in FY 92/93. That study is
programmed within the Planning Department. Appropriate
amendments will be made to Objective D-3 in Amendment 94-1.
However, at this time it is appropriate to effect the above
change.
5. Location: Pg. III-B-17, NEEDS AND RECOMMENDATIONS, third
diamond
. To maintain~easonable performance levels as
additional computer applications and
employees are added to the City's computer
system, it will be necessary to expand the
DASD (Auxiliary Disk) and CPU (Processor).
At the time that the IBM System 38,
presently in use, cannot be. expanded to
accommodate this demand, or it is proven
more cost effective, the City should replace
the IBM System 38 with an IBM AS/400 or
equivalent.
Change: DELETION
Comment: The AS/400 System, which replaced the System 38,
was installed and is in operation. Installation occurred in
199 .
-
6. Location: Pg. III-B-18, second, fifth, and eighth diamonds
[ADD DIAMONDS]
. Change over the water treatment process to
lime coagulation (softening) in order to
enhance water quality.
. Make provisions for the relocation of the
Central Fire Station.
. Consolidate water and sewer administrative
and operation functions to a central
location such as the Public Works complex at
S.W. 4th Street.
8
Change: DELETION
Comment: The lime softening conversion of the Water
Treatment Plant, relocation of the Central Fire Station,
and consolidation of water and sewer administration and
operation functions at the Public Works Complex, have been
completed.
7 . Location: Pg. III-B-26, Policy B-2.3
Policy B-2. 3 Increased flow from existing wells
shall -be achieved by retrofitting the pumps.
This activity shall be scheduled as a part of the
long term water supply program under the auspices
of the Utility Department.
Change: DELETION
Comment: See support document # (wellfield issue
paper) QUESTION: IS THIS RETROFIT PROGRAM COMPLETED, OR
IS THIS AN ON-GOING PROGRAM I CHECK THE 5-YEAR SCHEDULE FOR
AN ON-GOING ANNUAL ALLOCATION.
8. Location: Pg. III-B-26, Policy B-2.4
Policy B-2.4 Acquisition of rights to develop a
western wellfield and initial steps, with the
South Florida Water Management District, to allow
establishment of a future wellfield shall
continue to be pursued. the lead agency shall be
the Environmental Services Department working in
conjunction with the City Attorney. funding
shall be from water and sewer connection fees.
Change: DELETION
Comment: Acquisition of rights has occurred through
execution of an interlocal agreement with Palm Beach
County. Also, see FLUE Policy B-1.3. See support document
# (wellfield issue paper).
ALSO, ADO EXISTENCE OF THIS INTERLOCAL AGREEMENT TO THE
Intergovernmental Coordination Element.
9. Location: Pg. III-B-26, Policy B-3.1
Policy B-3.1 Within one year following adoption
of the Comprehensive Plan, the overall City
consumption of water (per capita basis) shall be
decreased by 10\ through implementation of the
following techniques and programs: (Also see
Objective A-4 of the Conservation Element).
9
,
. establishment of a differential water rate
which sets a base rate for a given
consumption and an increasing rate for
increments above the base;
. mandatory use of wel.ls for irrigation
purposes where conditions permit;
. enhanced enforcement of water use laws;
. requirements for xeriscape landscaping
alternatives to be considered for all new
development during the review of site and
development plans; and
. continuation of the regular preventive
maintenance program for water mains, pumps
and meters (see related Policy C-4.3)
Change: REVISION
Policy B-3.l WltXln 0ne feat t0110wln~ ad0ptl0n
0t tXe ~0~pteXenilYe Planl tXe 0-Jetall The City
shall maintain its program of responsible
consumption of water (per capita basis) iXal1 lSe
detteaied ~f IBI through continued implementation
of the following techniques and programs: (Also
see Objective A-4 of the Conservation Element).
. estalSllsX~ent 0t a dlttetentlalS maintaining
its water rate structure which sets a higher
uniform lSase rate for a ~lYen consumption
and decreases customer capacity charges in
order to promote reductions in water
consumption an l1itteaIUn~ tate t0t
lntte~e1its alS0ye t){e ~ase as well as
establishment of conservation surcharges,
based on South Florida Water Management
District formulae, and keyed to various
levels of drought alert;
. mandatory use of wells for irrigation
purposes where conditions permit [LOR
Section 7.7];
. enhanced enforcement of water use laws;
. requirements for xeriscape landscaping
alternatives to be considered for all new
development during the review of site and
development plans [LOR Section 4.6.16 (E)];
and
10
Change: DELETION
Comment: See support document f (wellfield issue
paper) MORE EXPLANATION WILL BE NEEDED.
6 . Location: Pg. 111-B-28, Policy B-5.1
Policy B-5.1 By the end of 1992, the use of
sodium aluminate shall be replaced with lime
coagulation.
- ..
Change: DELETION
Comment: Project # 91-22, The Lime Softening Conversion of
the Water Treatment Plant (see attached project
description), has been completed.
7 . Location: Pg. 111-B-32, Policy 0-1. 2
Policy 0-1.2 The Central Fire Station shall be
replaced or relocated in order to provide
enhanced training and support services. The
provision of this facility is a top priority and
shall be financed through a general obligation
bond.
Change: DELETION
Comment: Project #91-58, the Central Fire Station (see
attached project description), is under construction, using
funds from the Decade of Excellence Bond (general
obligation bond).
8. Location: Pg. 111-B-32, Policy D-1. 3
Policy D-1.3 An additional fire station shall be
located in the southwest quadrant of the City's
service area. The facility shall be in place
prior to, or concurrent with, development of
Blood's Hammock Grove.
Change: DELETION
Comment: A temporary Fire Station #5, located on Linton
Blvd. at Old Germantown Rd., has been completed and is in
operation. A permanent station for this site (Project
#92-18) is currently under construction with completion
scheduled for , 1993. It will be occupied prior to
adoption of Amendment 93-1.
12
,
. continuation of the regular preventive
maintenance program for water mains, pumps
and meters (see related Policy C-4.3)
Comment: As part of the budget process, the City adopted
new ra tes for water and sewer. These rates promote water
conservation by shifting some of the "fixed" costs into
consumption cost, resulting in significantly higher costs
for higher consumption and, effectively, differential
rates, based on consumption.
In addition, the'City is completing a conservation plan for
water use in concert with South Florida Water Management
District ( S FWMD) . This plan will include conservation
surcharges based on SFWMD formulae which will take effect
at various levels of drought alert as declared by SFWMD.
The overall reduction goal has been met, in-part, through
the above activities and, in-part, through other
conservation measures. The per capita consumption at the
time of Plan adoption (November, 1989) was g/p/d. In
January, 1992, the consumption was ____ g/p/d. A reduction
of . %
The other requirements have been formally adopted in the
City's Land Development Regulations.
10. Location: Pg. 111-B-27, Policy 8-4.2
Policy 8-4.2 Expansion of the land area covered
under the Palm Beach County Wellfield Protection
Ordinance shall be accomplished through the
adoption of a municipal wellfield protection
ordinance. This local ordinance is to be adopted
in FY 91/92.
Change: DELETION
Comment: A local ordinance is no longer needed since the
County-wide Wellfield Protection Ordinance was modified to
include a Zone 4. This Zone 4 covers the one-foot drawdown
area. See support document # (wellfield issue
paper) for further information. (Also, see Conservation
Policy A-2.2, page 1.)
5. Location: Pg. 111-B-27, Policy 8-4.3
POlicy 8-4.3 Changes to zoning on parcels
located in wellfield zones #1 and #2 prohibiting
and amortizing industrial uses shall be effected
in FY 91/92.
11
~~.-"_.__.-.,~.._---
9 . Location: Pg. 111-8-32, Policy D-2.2
Policy D-2.2 Improvements to s.w. lOth Street
shall provide for points of access to the
expansion area.
Change: DELETION
Comment: Project 191-103, the Cemetery Access Road
Improvements, has been completed.
10. Location: Pg. 111--8-34, Policy E-l. 5
Policy E-l. 5 As part of the regulations which
are to be enacted following adoption of the Plan,
storm water drainage regulations shall provide
for the protection of natural drainage features
and ensure that development utilizes storm water
management systems which are compatible with this
objective. (c4)
Change: REVISION
Policy E-1.5 Af. p~tt 0f tHe te~~latI0,ht wHltH
ate '1.0 ~e en~t'te~ t0110wln~ a~0ptl0n 0f tHe Plan'
f.Storm water drainage regulations f.Hall which
provide for the protection of natural drainage
features and ensure that development utilizes
storm water management systems which are
compatible with this objective shall be retained.
(c4) [LDR Section 4.1.9)
Comment: This requirement has been formally included in
the Land Development Regulations. However, it should
remain as a maintenance policy. The appropriate reference
to the LDRs is provided.
TRAFFIC ELEMENT
1. Location: Pg. II1-C-20, Policy A-7.3
Change: ADDITION
Policy A-7.3: The City, by adoption of this
policy statement, opposes widening or other
enhancements of A-I-A' which would acconunodate
greater traffic flow since such improvements
would encourage the use of A-I-A for inter-area
traffic movements and will therefore increase the
use of east-west trafficways to access A-I-A.
Att0t~ln~lfl In 1'1 89/99 tHe eIt; f.Hall tec.1tfef.'t
'tHat 1.1111. )Se ~ef.l~riateG! af. a Yt0rif.ttalneG!
13
.
titIlltl'1 arilli ttitt~et t~it It rillS 'I. kSe ~~llSwJi i~
te<4tiItIri@t 801 0t tl@t~tfllStfwal llSJi t~e e0tfritl
1~llSt0ti@t~tate Pliri'
Comment: Communication with FOOT and Palm Beach County has
been made. This stretch of A-I-A is "policy constrained"
per FOOT; however, there is no existing methodology
(through FOOT) to have a change made to its formal
functional classification. The County (through
correspondence of , 199_) acknowledges the situation
with respect to restriction on rights-of-way. ( (PROVIDE A
COpy OF THIS CORRESPONDENCE)) The policy portion of A-7.3
should remain. The implementation portion should be dealt
with only through further staff work.
2 . Location: Pg. III-C-20, Policy A-7.7
Policy A-7.7 The City shall seek to have
right-of-way requirements along Swinton
Boulevard, between the North City limits and S.W.
10 Street (less the segment between S.E. 1st
Street and N.E. 1st Street) reduced to sixty feet
(60').
Change: REVISION
Policy A-7.7 The City maintains a policy of
supportinq only two thru travel lanes on ~~all
~eeK ttS Ka1le tl@t~tf0tfwil te<4tiltea\erit~ il0ri@t
Swinton Avenue B0tiI e1litlli, between the North City
limits and S. W. 10 street (less the segment
between S.E. 1st Street and N.E. 1st Street), and
that the ultimate right-of-way be considered to
be tellititelli '1.0 sixty feet (60').
Comment: Through a request of the City, the official
County Thoroughfare Right of Way Protection Map, was
amended to show this section of Swinton Avenue require a
60' ultimate right-of-way. This change was reflected on
the map dated revision number 5, December, 1991-
In addition, on July 27, 1992, the jurisdiction for Swinton
Avenue was transferred from the County to the City. This
change is identified in Table T-4 of the Traffic Element.
Pursuant to that table (T-4 - Street Network Classification
and Improvements), Swinton. Avenue 15- -shown to have an
ultimate right-of-way of 60 feet and to be under the
jurisdiction of the City.
This policy should be kept as a maintenance policy.
14
OPEN SPACE & RECREATION ELEMENT
1- Location: Pg. 111-0-11, second and third paragraphs under
ANALYSIS. Revisions are shown.
Table R-8 shows how the current facilities match up with
projected demand. Deficiencies are noted as follows:
Neighborhood Parks -3
Baseball/Softball Fields IS -1
Football/Soccer 11 -4
_.
These deficiencies are accommodated through the following
proposed improvements:
Baseball/Softball Fields
, tKt~~ ri~w tl.~Ir481 rr 89/90 - - -- - - - - -
. at least one field in the new southwest park
. two new fields at the new middle school
, arAr4l.tl.0rial ~~all.tt tl.~lr4 at ~~ttl.~ ~0~0ri81
1991
. additional quality field at Pompey Center,
1991
Football/Soccer
, ~~ltl.p~tP08~ tl.elrA8 wl.tK MIII~t ~xpari810ril
1990
. multi-purpose fields at the new southwest
park (2)
, ~~ltlp~tp08e tl.elrA at ~~ttl.~ ~0~0ri81 1991
. multipurpose fields in conjunction with the
new middle school (2)
. conversion of Merrit fields to multipurpose
use (2)
Comment: Self-explanatory. The above facilities have been
constructed.
2. Location: Pg. 111-0-12, NEEDS AND RECOMMENDATIONS, second
diamond.
. Address the existing baseball field
shortfall by pursuing the Miller Field
expansion.
Change: DELETION
Comment: The expansion of Miller Field (Project#91-47) is
under construction.
15
.
3. Location: Pg. 111-0-13.1, first diamond under NEEDS AND
RECOMMENDATIONS
. There is a need to either refurbish or
relocate the municipal tennis courts located
at Atlantic Avenue and N.W. 1st Avenue.
Past projects to accomplish this task have
not come to fruition. It is imperative that
a decision as to resolution of this
situation be made in FY 91/92.
Change: REVISION
. 'Z'X~t~ It. a n~~(I! ttS ~ltX~t t~tkftlSlt.){ tJt
t~ltJtat~ tx~ IfIkfnltlpal t~nnlt. tll5kfttt. ItJtitelll at
Atlintlt AY~nkf~ in(l! "/WI It.t AY~nkf~I 'at.t
ptll5~~ttt. tll5 itttJlflpllt.X tXlt. tit.X Xay~ ntJt t01f1~ ttS
ttkfltlll5nl It It. Ilflp~titIY~ tXat i (I!~tIt.lll5n it. ttS
t~t.ll5lkftltJn tJt tXlt. t.Itkfatl0n lS~ lfIi(l!~ In r1 91/921
A tennis stadium and tennis courts were
construction in 1993 at the site of the municipal
tennis center. additional courts are to be
constructed at this location. The completion of
the municipal tennis complex should be completed
expeditiously in order to maximize its use and
benefit to the community.
Comment: Project #92-39, the Te~nis Center and stadium, was '" ,
completed in February, 1993. Dth! Lv !um.llng Hffti.tiat-i-ons, .
the overall project was made into two phases. A funding
program for the second phase needs to be established in
this Plan Amendment. See page ___ for funding and capital
improvement priority.
4. Location: Pg. 111-0-17, Policy B-2.4
Policy B-2.4 As a part of the City's ongoing
beach renourishment program, the existence of
"walkthroughs" in the dune system shall be
reduced (See Conservation Policy B-4.1).
Change: REVISION
Policy B-2.4 As a part of the City's ongoing
beach renourishmentprogram, the existence of
pedestrian accesses to the beach YwazXtXtfSkf~Xt.Y
Iii tx~ lllkfn~ t.1t.t~1fI shall be maintained and
enhanced t~(I!kfte(l! (See Conservation Policy B-4.1).
Comment: See support document # (beach access study)
16
5. Location: Pg. 111-0-17, Policy A-2.5
Policy A-2. 5 The following listing is hereby established
as the general priority list for the funding of major
capital improvements which pertain to recreational
facilities. Policies A-2.6 through A-2.8 along with the
policies embodied in the Capital Improvement Element shall
be followed if it becomes necessary to alter priorities.
(Project descriptions and estimated costs are found in the
"Inventory" section of the Recreation and Open Space
Element. ) (c5)
- .
FIRST PLANNING PERIOD, 1990-1995
. Miller Park, Southern Ten Acres
. Veteran's Park improvements (Sans Walkway)
. Municipal Golf Course
. Additional lighting of ball fields for adult use
. Golf Course Club House
. Completion and enhancement of the Pompey Park Community
Center
. Improvements at the Central Community Center
. Currie Commons
SECOND PLANNING PERIOD, 1995-2000
. Development of the Catherine Strong Center area
(including Carver Middle School facilities) into a
community center.
. FIND parcel (MSA 650).
. A new park in the southwest portion of the planning
area
. Either refurbishing and expansion of the municipal
tennis center or its relocation.
Change: REVISION
Policy A-2. 5 The following listing is hereby established
as the general priority list for the funding of major
capital improvements which pertain to recreational
facilities. Policies A-2.6 through A-2. 8 along with the
policies embodied in the Capital Improvement Element shall
be followed if it becomes necessary to alter priorities.
(Project descriptions and estimated costs are found in the
"Inventory" section of the Recreation and Open Space
Element. ) (c5)
FIRST PLANNING PERIOD, 1990-1995
I MIllet 'atKI g0~t~etri Teri Atte~
I Vetetarif; PatK l~pt0ie~ent~ (San~ WalKwafl
I M~nItIpal e01f e0~t~e
I AddItI0rial II~~tIri~ 0f ~all tIeld~ t0t ad~lt ~~e
17
,
. Golf Course Club House
. Completion and enhancement of the Pompey Park Community
Center
. Improvements at the Central Community Center
* fl-dttle fl0R'ut10ne
SECOND PLANNING PERIOD, 1995-2000
. Development of the Catherine Strong Center area
(including Carver Middle School facilities) into a
community center.
. FIND parcer'(MSA 650).
. A new park in the southwest portion of the planning
area
* tlt)iet tet-dt~l8)ilri~ iriGl etlSiri8l0ri 0t t)ie sn-dnltllSil
teriril8 teritet 0t Its tel0titl0rii
Comment: The projects deleted from the listing have been
completed.
HOUSING ELEMENT
COASTAL MANAGEMENT ELEMENT
l. Location: Pg. III-F-l3, first diamond [ADD DIAMOND]
. The existing infrastructure for potable
water, sewer, and streets accommodates
existing development. There are no plans
for installation of additional facilities or
the expansion of these current facilities
east of the Intracoastal Waterway. Some
localized drainage improvements are
necessary. The only improvements proposed
west of the Waterway is for the area north
of the Eighth Street Bridge (discussed
previously) . The only other public
investment in "infrastructure" is for beach
renourishment, beautification, and increased
accessibility. $5,000,000 is to be spent on
beach renourishment prior to 1991.
Change: REVISION
. The existing infrastructure for potable
water, sewer, and streets accommodates
existing development. There are no plans
for installation of additional facilities or
the expansion of these current facilities
east of the Intracoastal Waterway. Some
localized drainage improvements are
necessary. The only improvements proposed
18
west of the Waterway is for the area north
of the Eighth Street Bridge (discussed
previously) .
The only other public investment in
"infrastructure" is for beach renourishment,
beautification, and increased accessibility.
$S/999/999 I~ tiS )Se ~pent iSn )SeatK
teniS~tl~Kilerit ptIiSt tiS 1991/ This is an
on-going proqram. The last nourishment was
completed in December, 1992. The next
scheduled nourishment is for the year 200 .
Comment: Self-explanatory.
.
2. Location: Pg. III-F-14, first paragraph under NEEDS AND
RECOMMENDATIONS
Opportunities do exist for increasing
accessibility particularly along the Intracoastal
Waterway. The main opportunity is in the
development of the area north of the Eighth
Street Bridge. Development of this area should
provide for preservation and access in addition
to private development.
Change: REVISION
Opportunities do exist for increasing
accessibility particularly along the Intracoastal
Waterway. The main opportunity is in the
development of the FIND parcel MSA650 located
south of Knowles Park. atea riiSttK iSf tKe EI;KtK
gtteet BtIq,{;e/ 0e1feliS!Silerit iSf tKI~ atea ~KiS~lq,{
ptiS1fIde fiSt pte~et1fatIiSri and atte~~ Iri addItliSri
tiS ptl1fate q,{e1feliSpilerit/
Comment: Access to the Intracoastal Waterway via the "17
acre parcel" was deleted via Amendment 92-l. The
alternative access identified at that time was/is FIND
MSA-650. Therefore, this change provides consistency with
the previous amendment.
3. Location: Pg. III-F-19, Policy A-l.5
Policy A-I. 5: The City shall prepare a cross
dune beach access study in FY 90/91 which shall
address at a minimum the following:
. analysis of beach use patterns,
. location and number appropriate to beach use
patterns,
. provision of handicapped access,
. control of access to protect the dune,
19
.,
. control of blowout potential,
. appropriate type(s) of crossover(s),
. Department of Natural Resources design
criteria, and
. aesthetics.
The result of this study shall be a
recommendation of the number, type, and location
of beach access points which will provide
appropriate public access while maintaining and
enhancing the integrity of the existing dune
system.- The study shall include estimated
implementation costs, potential funding sources,
and set forth a five year implementation program
which shall commence in FY 92/93.
Change: DELETION
Comment: This study was completed in FY 91/92. It is the
basis for changing several pertinent policies. See support
document # (beach access study)
4. Location: Pg. III-F-26, Policy C-6.1
Policy C-6.1: The program for redevelopment of
Veteran's Park shall focus varied community
activities. Provisions should be made for
short-term mooring of small boats, thus providing
additional accessibility to the area.
Change: REVISION
Policy C-6.1: TKe ptiS@tatl tiSt te<ZleieliSpiZ\erit iSt
Veteran's Park sKal1 tiSt~s provides opportunities
for varied community activities. Provisions
sKiSlilGl kSe have been made for short-term mooring
of small boats, thus providing additional
accessibility to the area.
Comment: The mooring facilities at Veterans Park were
completed in , 199_, through joint funding by the City
and FIND. Short term mooring is regulated by City Code
Section . . Policy C-6.1 should be retained as a
maintenance policy.
5. Location: Pg. III-F-27, Policy C-6.2
Policy C-6.2 The potential for a boardwalk under
the Atlantic Avenue bridge should be explored in
order to link Veteran's Park with the City ..
Marina.
~
Change: DELETION
20
----.....--.
Comment: A report on the feasibility of a walkway under
the Atlantic Avenue Bridge showed it not to be appropriate
at the present time. While the policy should be deleted at
this time, deletion does not preclude the subject from
being explored, by others, in the future. It is noted that
the C.R.A. Plan does call for continued thought on this
linkage. See support document # (boardwalk paper)
6. Location: Pg. III-F-27, Policy C-6.5
Policy C-6.5 The City, through its Planning
Depart:.m.ent with assistance from Parks and
Recreation, shall identify sites and methods
through which additional marina services,
dockage, and short-term mooring facilities can be
provided along the Intracoastal Waterway. Use of
marina facilities shall be offered to residents
and tourists alike. However, residents shall
have first priority. The study shall be
completed by January, 1992, with initiation of
activities to occur pursuant to the priorities of
C-6.6.
Change: REVISION
Policy C-6.5 'lKe elt11 tKtiS)i~K Its Plaririlri~
0epatttlerit wltK asslstarite ttiStI PatKs ariQt
P-etteatliSril sKall IQteritltf sItes ariQt tletKiSQts
tKtiS)i~K wKltK aQtQtltliSrial tlatlria setiltesl
QtiStKa~el ariQt sKiSttltet~ ~iSiStlri~ tatllltles tari ~e
ptiSilQteQt aliSri~ tKe lrittatiSastal Waterwaf/ \1se iSt
tlatlria tatllltles sKall kSe iStteteQt tiS teslQterits
ariQt tiS)itlsts alIKe/ MiSweietl teslQterits sKall
Kawe tItst ptIiStIt1/ 'lKe sttiQt1 sKall kSe
tiStlpleteQt kS1 lari)iatfl 19921 wItK IriItIatliSri iSt
attIiItIes tiS iStt)it ptits)iarit tiS tKe ptIiStltles iSt
e/'/'/
Prior to consideration of new dockage facilities
(of greater than five powerboat slips), the City
shall first participate in the preparation and
adoption of a Manatee Protection Plan. The City
should petition Palm Beach County to be the
project leader with respect to preparation of a
Manatee Protection Plan for the southern portion
of Palm Beach County. FDNR standards and
guidelines for preparation of a Manatee
Protection Plan shall be followed. In addition,
Delray Beach residents shall be provided first
priority for new dockage or mooring
opportunities.
21
'.
Comment: The city has been made aware of FDNR permitting
policies (adopted in 1990) which limit the establishment of
new dockage facilities when a Manatee Protection Plan is
not in place. Undertaking such a plan is beyond the
reasonable scope and resources of Delray Beach since the
Intracoastal waterway (and manatee h~bltat) exceed the
municipal boundaries. It is logical that Palm Beach County
coordinate such a planning effort. Since such a plan must
be in place, the previous wording of Policy C-6.5 is no
longer appropriate. All provisions of previous Policy
C-6.5 will be addressed in a Manatee Protection Plan.
FUTURE LAND USE ELEMENT
1- Location: Pg. III-G-12, second diamond [ADD DIAMOND]
. The city of Delray Beach is 87% built-out
(population basis). Approximately 400 acres
of undeveloped residential land remains
which does not have, at least, a preliminary
development order (a master plan or
preliminary subdivision plat) . This land,
along with sites which have development
orders are shown on Figure L-4. There are
no soils, topographic, or historic
constraints in these areas. One area, the
." 17 Acre Parcel" area has natural resources
which are, in part, to be preserved as part
of any future development.
Change: REVISION
. The City of Oelray Beach is 87% built-out
(population basis) . Approximately ,~~ 450
acres of undeveloped residential land
remains which does not have, at least, a
preliminary development order (a master plan
or preliminary subdivision plat). This land,
along with sites which have development
orders are shown on Figure L-4. There are
no soils, topographic, or historic
constraints in these areas. 0ne ateal t)\e
Y17 Aite PatielY atea Ka~ nat~tal te~~~tie~
wKLiK atel in patti to ~e pte~etYe~ a~ patt
0t an; t~t~te ~eYeI0p~eftt' One area, Delray
Oaks, has natural resources (pine flatland)
which are targeted for preservation.
Comment: The acres of undeveloped land are amended to
reflect the revised total of 450 acres pursuant to changes
recommended to Table L-4, below. These revised acreage
figure include the old middle school site off of Davis
Road, and revised estimates for the balance of area "G" to
22
the south, also off Davis Road. Comments pertaining to the
"17 acre parcel" reflect previous determinations per
Amendment 92-l. A new reference is provided for Delray
Oaks Environmental Area since that area is under
consideration for purchase through the County's
Environmentally Sensitive Lands Acquisit~on Program.
2 . Location: Pg. III-G-9, Figure L-4 Major Residential and
Vacant Parcels
Comment: Amend the map to reflect changes made to Tables
L-3 and L-4, below.
3. Location: P. III-G-10, Table L-3
*** AMENDMENTS TO TABLE L-3 ***
Table L-3 Ongoing Developments
Single- Multi-Family
Project Family Family Total
l. Sable Lakes 348 114 462
2 . Sherwood Forest 12! --- 12!
3. Isles of Delray 100 48 148
4. Groves of Delray --- 156 156
!I A}{ihttri 'ltatie fff 2!' 2!'
'I Watett0t~ Yllla~e fff 23' 23'
71 M0}{slri~ PattnetsKI~ 3' fff 33
Total Number of 'IU 819 1111'
Units Planned: 573 318 891
Source: gttate~lt Plaririlri~ 0t0~~I Iritll 1988
City of Delray Beach, 1992
23
1
*** REVISED TABLE L-3 ***
Table L-3 Ongoing Developments
Single- Multi-Family
Project Family Family Total
1. Sable Lakes 348 114 462
2. Sherwood Forest. 111 --- 111
3. Isles of Delray 100 48 148
4. Groves of Delray --- 156 156
Total Number of 573 318 891
Units Planned:
Source: City of Delray Beach, 1992
Comment: Delete the following items:
Item #5, Auburn Trace is complete
Item #6, Waterford Village is complete
Item #7, Housing Partnership/Alamanda Gardens is
complete
4. Location: P. III-G-lO, Table L-4
*** AMENDMENTS TO TABLE L-4 ***
Table L-4 Available Land
Density Potential
Parcel Size Units/Acre Units Type
A 143 ac+ 4 532 Single-family
detached (SFD)
B 101 ac+ 4 404 SFD
C 60 ac+ 12 720 Multifamily (MF)
D 30 ac+ 6 180 MF
E 11 ac+ 12 132 MF
F 8 ac+ 6 48 MF
G 2S71 ac+ 10 2SS 710 MF
H 2118 ac+ 5 121 90 SFD/MF mixed
Total Potential Housing Units:2/2112,816
Source: Stt~te~lt 1I~ririlri~ ~t0>>P' Irit'I 1988
City of Delray Beach, 1992
24
... REVISED TABLE L-4 ...
Table L-4 Available Land
Density Potential
Parcel Size Units/Acre Units Type
A 143 ac+ 4 532 Single-family
detached (SFD)
B 101 ac+ 4 404 SFD
C 60 ac+ 12 720 Multifamily (MF)
D 30 ac+ -- 6 180 MF
E 11 ac+ 12 132 MF
F 8 ac+ 6 48 MF
G 71 ac+ 10 710 MF
H 18 ac+ 5 90 SFD/MF mixed
Total Potential Housing Units: 2,816
Source: City of Delray Beach, 1992
Comment: Amend the Table to reflect annexation and
development of the School site at Atlantic Avenue and
Barwick. Rd. (area H) , probable availability of the
previously identified school site in area G, and additional
land at the south end of Area G which is also residentially
designated.
.. THE INFORMATION FOR BLOODS GROVE (b) NEEDS UP-DATING ..*
5. Location: Pg. III-G-20, Policy A-5.6
Policy A-5.6 For each item acted upon by the
Local Planning Agency, the revised land use
regulations shall require that the LPA make
specific findings as to: (c 1)
. consistency with the Future Land Use Map and
its supporting policies.
. internal consistency with other elements of
the Comprehensive Plan.
. concurrency pursuant to Policy B-2.2 of the
Land Use Element.
. other items as they apply to the level of
decision being__ mad~__and corresponding
principles and practices of urban planning.
Change: REVISION
Policy A-5.6 For each item acted upon by the
Local Planning Agency, the revised land use
regulations shall require that the LPA make
specific findings as to: (cl)
25
1
. consistency with the Future Land Use Map and
its supporting policies.
. internal consistency with other elements of
the Comprehensive Plan.
. concurrency pursuant to Policy 8-2.2 of the
Land Use Element.
. other items as they apply to the level of
decision being made and corresponding
principles and practices of urban planning.
[LOR Section 3.1.1]
Comment: This requirement has been formally included in the
Land Use Regulations. However, it should remain as a
maintenance policy. The appropriate reference to the LDRs
is provided.
6. Location: Pg. III-G-20, Policy A-5.l2
Policy A-5.12 By June 1992, the City shall amend
the Old School Square Historic Arts District
(OSSHAO) to specify the densities or intensities
of allowed uses and the relative proportion
(percentage) of each land use type within
flexible ranges.
Change: DELETION
Comment: Revisions to OSSHAO were adopted by Ordinance
-93. This policy was required in order to have Amendment
g-- deemed to be in compliance. The resulting proportions
of uses is % residential to non-residential. Please
see support document # for the ordinance and more
supporting information. -
7 . Location: Pg. III-G-23, Policy A-5.lS
Policy A-S.lS The City shall adopt a light
industrial zoning district, addressing, at a
minimum; wellfield protection, buffering, uses,
minimum lot, and minimum floor area, by December
30, 1992. This ordinance must be adopted prior
to the approval of any rezoning within the Series
20 Wellfield area.
Change: DELETION
Comment: A new zone district, Light Industrial (LI) , was
adopted by Ordinance -93. Please see support document
t for the ordinance and its supporting information.
Also, see support document t (Wellfield Issues). Cross
reference to Conservation Element Policy 8-1.1; Item 4,
page 2.
26
8. Location: Pg. III-G-23, Policy B-l.l
Policy B-1.1 In the area of Blood's Hammock
Grove, provisions shall be made for the location
of Fire Station #5 and for a neighborhood park.
(See Policy A-2.5 of the Open Space & Recreation
Element, and Policy D- 2.3- of the Public
Facilities Element)
Change: REVISION
Policy B-1. 1- In the area of Blood's Hammock Grove,
provisions shall be made t0t tKe 10tatI0ri 0t FIte
StatllZSri IS arid for a neighborhood park. (See Policy
A-2.5 of the Open Space & Recreation Element)
Comment: Fire Station #5, located on Linton Blvd. at Old
Germantown Rd. , is under construction with completion
targeted for , 1993. Thus, that portion of Policy
B-1.1 addressing the Fire Station is no longer applicable.
9 . Location: Pg. III-G-23, Policy B-1.2
Policy B-l.2 Rezonings of Industrial land (LI
District) in Wellfield Protection Zone #3 of the
Series 20 Wellfield to another zoning designation
shall be initiated by the Local Planning Agency
in 92/93. (c6)
Change: DELETION
Comment: CHECK THE ORIGINAL LANGUAGE OF THIS POLICY. IT
WAS IMPLEMENTED WITH ADOPTION OF THE NEW ZONING MAP IN
OCTOBER, 1990.
10. Location: Pg. III-G-21, Policy B-1.3
Policy B-1.3 Within FY 92/93, the City shall
obtain all rights to the land which is needed for
a "reserved" wellfield.
Change: DELETION
Comment: Acquisition of rights has occurred through
execution of an interlocal agreement with Palm Beach
County. Cross-reference to Facilities Policy B-2.4; item 8
on page 9. See support document ,__ (Wellfield Issues) for
further information.
27
,
11. Location: Pg. III-G-22, Policy B-1.4
Policy B-1.4 The revision to the Land Use
Regulations per Objective A-5 shall include
provisions for the dedication of rights-of-way
for streets and easements for the installation of
water, sewer, and drainage facilities. [LDR's
Sections 5.3.1 - 5.3.4].
Change: REVISION
Policy B~1.4 The te11~10~ to t~e Land Use
Regulations ~et 0)S~ett11e Ail shall continue to
include provisions for the dedication of
rights-of-way for streets and easements for the
installation of water, sewer, and drainage
facilities. [LDR's Sections 5.3.1 - 5.3.4]
Comment: This policy should be revised to a maintenance
policy since the requirements were formally included in the
Land Development Regulations when they were adopted in
October, 1990.
12. Location: Pg. III-G-22, Policy B-2.3
POlicy B-2.3 Prior to issuance of any
certificate of occupancy, the Chief Building
Official or a designee shall certify that
concurrency is achieved. This certification
shall be in writing and shall be affixed to the
Certificate of Occupancy.
Change: REVISION
Policy B-2.3 As a part of the City's Concurrency
Management System, pPrior to issuance of any
certificate of occupancy, the Chief Building
Official or a designee shall certify that
concurrency is achieved. 1~1~ tettlfltat10~
~~all ~e In wtItl~~ a~~ ~Kall ~e affIxed to tKe
eettIfltate 0f 0tt~pa~ttJ [LDR Section 2.4.6(c)]
Comment: This requirement has been formally included in
the Land Development Regulations. However, it should
remain as a maintenance policy. The appropriate reference to
the LDRs is provided.
13. Location: Pg. III-G-26, Policy B-3.3a and Policy B-3.3b
Policy B-3.3a The City has petitioned Palm Beach
County for establishment of an intergovernmental
agreement through which the City' s Future Land
Use Map will be the Official Land Use Map for
unincorporated land wi thin the City' s Planning
Area.
28
Policy B-3.3b Upon execution of such an
agreement, the County shall amend its zoning code
to provide for pre-application review and
comment, by the City, of County development
applications. Also, upon execution of such an
agreement, property may annex to the City and
development may proceed without the necessity of
amendment to the City's Comprehensive Plan
provided that the development is deemed
consistent with it.
Change: REVISI<>N
Policy B-3.3b Upon execution of such an
agreement, the County shall amend its zoning code
to provide, at a minimum, for pre-application
review and comment, by the City, of County
development applications. However, it is the
intent of this effort to effect a transfer of
power to the City for land use, zoning, buildinq,
and code enforcement functions. AIs0 Finally,
upon execution of such an agreement, property may
annex to the City and development may proceed
without the necessity of amendment to the City's
Comprehensive Plan~ pt0iI~e~ tMat tMe ~eieI0p~erit
Is ~ee~e~ t0rislsterit wltM It'
Comment: Policy B-3.3a remains as is. B-3.3b is up-dated
to reflect the current status of this project. Please
refer to support document '__ which includes the Resolution
to the County requesting the delegation of authority.
14. P. III-G-28, Policy C-2.7
Policy C-2.7 The following pertains to the redevelopment
of the Silver Terrace Area:
This area involves the old Silver Terrace Subdivision which
is zoned RH RM and contains some mixed use.... (balance of
policy unchanged)
Comment: Zoning is currently referenced incorrectly in the
policy.
15. Location: Pg. III-G-30, Policy C-3.5
Policy C-3.5 The City shall participate in
efforts to create a governmental complex along
Atlantic Avenue between Swinton Avenue and 5th
Avenue by possible relocation of the tennis
center and central fire station and through
innovative programs for the utilization of that
property for uses which compliment the South
County Courthouse and existing City Hall Complex.
29
.
This policy shall be actively pursued in FY 91/92 -
through the joint efforts of the CRA and the City
during which period a formal marketing strategy
shall be developed and implemented.
Change: DELETION
Comment: Project #91-58, the Central Fire Station located
on Atlantic Ave. at N.W. 6th Ave., and Project #92-39, the
Tennis Center located on Atlantic Ave. at N. W. 1st Ave.,
are under construction. The general direction for land use
in this area is _~ddressed by the Village Center Scenario
(added to the Land Use Element in Amendment 92-2), the West
Atlantic Redevelopment Plan (Land Use Element Policy C-2.4)
and the Community Redevelopment Agency (CRA) Plan. It is
no longer necessary, or appropriate, to retain Policy
C-3.5.
16. Location: Pg. III-G-30, Policy C-3.6
Policy C-3.6: The City shall seek to regain
prominence as a If tennis communitylf. To reach
this stature, the municipal tennis center shall
be refurbished in its current location or
relocated. The site decision shall be made
pursuant to Policy C-3.5. funding shall be made
available for construction in FY 92/93. the City
shall also participate in efforts to bring major
tennis tournaments, including possible
construction of a tennis stadium. this stadium
may be a part of the expansion or relocation of the
municipal facilities or may be a separate
facility.
Change: REVISION
Policy C-3.6: The City shall seeK t~ te~aln
continue to regain its prominence as a If tennis
communi tylf . To reach this stature, the municipal
tennis center shall be tef~t~ls~e~ In It. t~ttent
Z~tatl~n ~t teZ~tated/ T~e sIte G!etliitl~n iitKaZZ
~e u\ade p~ts~ant tiS P~Zltt t-lZ/"/ completed
pursuant to the development plan approved in
1992 Funding shall be made available for
finishing construction in FY 92/93. TKe tItt
iitKal1 ~lsiS p~ttItIpate In effiStts t~ ~tIri~ u\a6<<St
tennIs tiS)itnau\eritsl Intl)idln! p~ssl~Ze
tiSnstt)ittItSn <<Sf a tennIs iitt~dl)ill\/ tKIs iittadItta\
a\at ~e ~ p~tt iSf tHe expansIiSri iSt teZiStatItSn ~f
t~e U\)iriItlp~I fatllltles <<St u\~t ~e a iitepatate
fatlZltt/
30
-- --_._~"'.'"~----'-
Comment: Project 192-39, the Tennis Center and Stadium -
Phase I was completed in February, 1993. Phase II work
which involved completion of the clay courts is yet to be
completed.
17. Location: Pg. III-G-34, Policy C-4.8
Policy C-4.8 A Neighborhood Plan shall be
completed for the "Pineapple Grove" area in FY
91/92. The neighborhood plan shall be prepared
by the Planning Department. An amount of
approximately $500,000 which is designated as
"redevelopment seed money" in the 1989 G.O. Bond
program shall be used for redevelopment purposes
in the Old School Square portion of the Pineapple
Grove area with the specific use determined
through the neighborhood planning process.
Change: REVISION
Policy C-4.8(a) A Neighborhood Plan shall be
completed for the "Pineapple Grove" area in FY
91/92/93. The neighborhood plan shall be
ptepate(d completed by the Planning Department.
Ari aR\llS\lirit llSt apptllSxlR\atel1 .!eeIiHH~ wKltK Is
Qie~H@riate(d as yte(develllSpR\erit seeQi R\llSrielY lri tKe
1989 0/01 BllSri~ ptllS@taR\ sKall ~e \lise(d tllSt
teQievelllSpR\erit p~tpllSses lri tKe 0lQi St KllSlIS 1 SQj~ate
pllSttlllSri lISt tKe Plrieapple 0tllSve atea wltK tKe
spetltlt \lise (detetR\lrie(d tKtllS\Ii@K tKe riel@K~llStKlISllS(d
plaririlri@ ptllStessl
Policy C-4.8(b) The approximate amount of
$500,000, as established in the Decade of
Excellence Bond Program, for "redevelopment seed
money" shall be used within the six ( 6) block
area bounded by NE 1st Avenue (west) , Atlantic
Avenue (south), NE 2nd Street ( north) , and the
FEC Railway (east). These funds may be used for
land acquisition, land preparation, construction,
beautification, and similar purposes.
Comment: The revisions to the first part reflect the
status of the Pineapple Grove Plan and a commitment to its
completion. That portion of the original policy which
pertains to allocation of "redevelopment seed money", is
split off and reflect the validated bond language.
31
1
18. Location: Pg. III-G-33, Policy 0-2.4
Policy 0-2.4 Pursuit of immediate physical
improvements at Spady Elementary School by
creating an entry from Lake Ida Road and reducing
the encroachment and impact of adjacent land uses
upon this school facility. Other improvements as
set forth in the Sharing for Excellence program
shall be achieved by the City.
Change: DELETI9N
Comment: This policy has been implemented through the
Extension of 10th Avenue to Lake Ida Road. That project
(I -92) was completed in October, 1992. In addition, land
north of the school campus has been jointly acquired by the
City and the School District. Subsequently, 22 dilapidated
structures, including a small store, were demolished. The
City's portion of site is now being developed, essentially
as open space, as a part of the northwest drainage
improvement program.
19. Location: Pg. III-G-34, Policy 0-3.5
Policy 0-3.5 The City shall make up to $500,000
available to implement the "Sharing for
Excellence" program with said money being
provided in FY 89/90.
Change: DELETION
Comment: This amount has been allocation, through the
Decade of Excellence Bond Program, and has been expended in
the extension of NW 10th Avenue and for purchase of
property immediately to the north of the school campus.
CAPITAL IMPROVEMENT ELEMENT
1. Location: Pg. III-H-4, third paragraph
Controllable Revenue Sources:
. Ad Valorem Taxes: Current operating levy of
SIIS 6.20 mills; capacity is 10 mills
,--,.
. Utility Tax: Current rate is 8.5\; capacity -
is (electrical bills) 10\. Excess capacity"~~
can be used for a revenue bond. ~ (r. - .._
Change: REVISION as shown above
Comment: The City's 1992/93 mileage rate is 6.20.
32
___~.m
2 . Location: Pg. III-H-5, Potential Revenue Sources, second
diamond
. Golf Course Surcharge: an increase of $1.00
per round of golf is estimated to generate
$75,000 annually, which in turn can finance
a $700,000 bond.
Change: REVISION
Comment:
3. Location: Pg. IYI-H-8:
THE WHOLE SECTION DEALING WITH PUBLIC EDUCATION FACILITIES
SHOULD BE UP-DATED. IT IS WOEFULLY BEHIND TIMES.
4 . New Capital Improvement Items to be considered in the
Five-Year Schedule:
~ 5= ~
* Pompe Park 001
* Ne~b use at the;G6lf Course
T:\ADVANCEO\93-1.0OC
33
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJ<-/l
SUBJECT: AGENDA ITEM :It G.e.. - MEETING OF FEBRUARY 23. 1993
PROPOSED INCREASE IN TENNIS CENTER MEMBERSHIP FEES
DATE: February 19, 1993
This it;em is before you to consider increasing the Tennis Center
membership fees. In previous years, because the tennis facility was
in disrepair, the rates have not been raised. With the new facility
in place, staff feels it is now appropriate to examine the rate
structure and to modify it as necessary. The projected membership,
along with a detailed analysis is attached as backup material for this
item.
Recommend consideration of an increase in the Tennis Center membership
fees.
'.
.
, ;
'17 - ,
,-"" ..' C 9"fC .,.\(:
, .,. . ~ ......-
[IT' DF DELAA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Tennis Fee Comparison
DATE: February 16, 1993
Attached please find a comparison of tennis fees and charges and a
recommendation for our new tennis facility. As noted, we did a
comparison with other communities from various backgrounds to give us
an idea of the spread and range of tennis fees. In the majority of the
cases our old tennis rates were lower than the surrounding communities
because we had not raised them for several years due to the disrepair
of the tennis facilities. The recommended new rates, in many cases,
reflect a 100% increase or more in our fees. In review, we feel our
fees are competitive with the facilities that each respective community
is providing.
As you are aware, a committee is working on the grand opening ceremony
for the tennis center scheduled for March 20th. I plan on heavily
marketing our tennis fees once approved by City Commission in relation
to the grand opening ceremony.
Please place this on either a workshop or regular agenda for City
Commission consideration.
Parks and Recreation
Attachment
cc: Ed Foster, Tennis Pro
Ref:dhtniscm
THE EFFORT ALWAYS MATTERS
DELRAY BEACH TENNIS CENTER
NUMBER OF MEMBERSHIPS
Current 2/12/93 Projected 10/1/93
Residents
Family 52 100
Single 70 125
Junior 2 25
Non-Residents
Family 3 20
Single 20 40
Junior 0 0
Semi-Annual Residents
Family 20 30
Single 19 30
Junior 0 0
Semi-Annual Non-Residents
Family 9 20
Single 22 35
Junior 0 0
Ref:tnismber
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/.,f(j&1
SUBJECT: AGENDA ITEM # q.D. - MEETING OF FEBRUARY 23. 1993
LICENSE AGREEMENT/HIGHBRIDGE ASSOCIATES AND COASTAL PARTNERS
LIMITED PARTNERSHIP
DATE: February 19, 1993
This item is before you to approve a license agreement with Highbridge
Associates and Coastal Partners Limited Partnership for the
installation, maintenance and use of improvements associated with a
boat dock adjacent to a portion of the right-of-way on Canal Street
near Busch's Restaurant.
The license agreement is for a period of twenty-five years, with one
year automatic renewals thereafter. The base license fee is $1,200
per year for the first three years and shall be increased by five
percent in the fourth and subsequent years of the license agreement.
The agreement also provides for a supplemental license fee in the
total sum of $37,092 to be placed in a separate, interest bearing
escrow account to be used by the City for the purpose of constructing
a river walk, should the City so desire within ten years from the date
of the agreement.
Under the provisions of the agreement, the City will grant the use of
a portion of publicly dedicated right-of-way located on Canal Street
for the purpose of improvements associated with the boat dock. No
other activities will be permitted unless approved by the City.
Likewise, none of the activities on the licensed premises will
obstruct or otherwise disturb the automobile traffic "turn around II
which currently exists at and near the entry to the subject property
on Canal Street.
There is also a provision in the agreement which requires the licensee
to operate the premises in an orderly manner so as not to unreasonably
annoy, disturb or be offensive to customers, patrons or to residents
or others in the immediate vicinity. The City has the right to
terminate the agreement upon the City/s sole discretion if the
Licensee fails to comply with the non-disturbance clause after the
City gives written notice of the disruption to the Licensee three or
more times during any twelve month period.
The City Attorney/s Office has reviewed the agreement and approves it
as to form.
Recommend approval of the license agreement with Highbridge Associates
and Coastal Partners Limited Partnership for the installation,
maintenance and use of improvements associated with a boat dock
adjacent to a portion of the right-of-way on Canal Street near
Busch/s Restaurant.
. "
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... . ."... I. .~< ;. '._ .~ <~.__
.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 1'iW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
MEMORANDUM
DATE: February 12, 1993
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: License Agreement - Handelsman Property Near Busch's
Restaurant
Our office has made changes in the license agreement to reflect
the comments made at the previous meeting wherein the license
agreement was discussed by the City Commission.
The license agreement is for the installation/maintenance and
use of improvements associated with a boat dock only. The
license agreement is for a period of twenty-five years with one
year automatic renewals, thereafter. The base license fee is
$1,200.00 per year for the first three years and shall be
increased by five percent (5%) per year in the fourth and
subsequent years of the license agreement. The agreement also
provides for a supplemental license fee in the total sum of
$37,092 to be placed in a separate interest bearing escrow
account to be used by the City for the purpose of constructing
a river walk, should the City desire to construct a river walk
within ten (10) years from the date of the agreement.
The agreement also contains a non-disturbance clause in
Paragraph 10 which requires the license to operate the premises
in an orderly manner so as not to unreasonably annoy, disturb,
or be offensive to customers, patrons or to residents or others
in the immediate vicinity of such operations. The City has the
right to terminate the agreement upon the City's sole
discretion if the Licensee fails to comply with the
non-disturbance clause after the City gives written notice of
the disruption to the Licensee three or more times during any
twelve month period.
By copy of this memorandum to David Harden, City Manager, our
office requests that this License Agreement be placed on the
Cl~t. ~..mm.. i.ssion agenda for February 23, 1993.
-----~ ~
" ~
~-
SA .
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
David Kovacs, Director of Planning and Zoning
,., II
.
[IDrn&l~ 11
LICENSE AGREEMENT
This License Agreement is made this day of
, 1993 between the CITY OF DELRAY BEACH, a
Florida municipal corporation (the City) and HIGHBRIDGE
ASSOCIATES, a Connecticut limited partnership authorized to
transact business in Florida as Highbridge Associates Limited
Partnership, and COASTAL PARTNERS LIMITED PARTNERSHIP, a
Delaware limited partnership (collectively, the Licensee).
WIT N E SSE T H
WHEREAS, the City Commission of the City of Delray
Beach, Florida, desires to authorize the Licensee-- to use a
certain publicly dedicated right-of-waYi and,
WHEREAS, the Licensee is desirous of constructing
certai~provements on a portion of said right-of-way.
NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS
SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES
HEREBY AGREE AS FOLLOWS:
1- Incorporation. The recitations set forth above
are incorporated herein.
2. License Aqreement - Licensed Premises. The City
grants to Licensee permission to use the publicly dedicated
right-of-way of the City as described in EXHIBIT "A" attached
hereto and made a part hereof (hereinafter referred to as the
licensed premises or the subject property) . The intention of
the parties is to create a license only. This Agreement
.
.
confers no leasehold interest and should be construed by a
court of competent jurisdiction to be a License Agreement only.
3. Term of License. The License Agreement shall
extend for a period of twenty-five (25) years from the date of
this License Agreement and shall automatically renew for
successive additional one ( 1 ) year periods thereafter unless
either party gives notice of its intent not to renew sixty (60)
days prior to the expiration of the twenty-five (25) year term
or one year automatic renewal terms, unless the agreement is
cancelled, or terminated as provided herein.
4. Use of Licensed Premises. The Licensee may use
the above described property for the following purposes:
Installation, maintenance, and use of ~rovements
associated with a boat dock which shall be installed primarily
in the Intracoastal Waterway abutting the right-of-way,
including, without limitation, anchoring devices, ramps,
walk-overs, handrails, lighting and associated utility lines;
ingress and egress from the property owned by Licensee over the
subject property to the boat dock.
5. Conditions of Use. The City's permission to use
the licensed premises is subject to the following conditions:
(a) Any and all other purposes and uses consistent
with the foregoing purposes and uses as referenced in Paragraph
4 above, or ancillary to such purposes and uses may be permit-
ted only upon further written consent by the City.
(b) No above ground permanent structures or walls
shall be constructed on the subject property without the City's
2
-, "
written consent or the consent of other parties having an
interest in the property, other than the improvements described
in Paragraph 4 above, which may be constructed upon issuance of
a building permit therefor by the City provided the Licensee
has received all other necessary governmental permits.
(c) All improvements proposed by the Licensee and as
referred to in Paragraph 4 and any other improvements proposed
by the Licensee and referred to in Paragraph 5(a) to the
licensed premises shall be constructed by the Licensee
provided; however, that the City also retains the right to make
and construct improvements to the licensed premises during the
term of this license agreement. The City shall use its best
efforts to not disturb improvements made by Licens~r inter-
fere with the rights granted to Licensee hereunder. The
Licensee understands that the construction of a river walk will
cause disruption to the licensed premises.
(d) The Licensee shall maintain and keep in good and
proper repair all improvements to the licensed premises made by
Licensee at its sole cost and expense, with no cost to the
City. The Licensee shall keep the entire licensed premises
free of litter and debris, and in a neat and orderly condition.
The Licensee understands that any improvements made by the City
to the Sea Wall, public utilities, road surface or any other
improvements made by the City which cause improvements placed
on the premises by Licensee to be altered or damaged will
result in no liability or cost to the City for such alteration
or damage, and all costs of repair of the improvements
3
.. ,.
.
originally made by the Licensee will be at Licensee's sole cost
and expense. The City shall use its best efforts to not alter
or damage any improvements placed on the licensed premises by
License and shall attempt to minimize damage to the improve-
ments. Should the Licensee fail to initiate repairs or to
maintain its improvements thereon in a neat and orderly
condition and in proper repair, or fail to keep the entire
licensed premises free of litter and debris and maintained in a
neat and orderly condition, the City may provide Licensee with
notice thereof and should Licensee fail to initiate corrections
within thirty (30) days of such notice, the City may make the
repairs or corrections at the Licensee's sole expense. Further,
---
if the City provides the Licensee with notice of a Cteficiency
and the Licensee fails to initiate corrections within thirty
(30) days of such notice, the City may terminate the agreement.
All corrections must be made within a reasonable time.
6. Subiect to Easements and Other Riqhts. Permis-
sion for the Licensee to use the licensed premises is subject
to all other licenses, easements and rights of record and any
and all other rights asserted to the subject property.
7. Indemnification. The Licensee for himself,
heirs, personal representatives, successors, and assigns agrees
that it shall release, defend, indemnify and hold harmless the
City, its officers, agents and employees for any and all
liability, judgments, costs, damages and expenses which may
accrue against, be charged to, or recovered against the City or
the Licensee by any person, guest, invitee or any person or
4
, "
legal entity whatsoever as a result of the Licensee's use of
said property which shall include, but not be limited to
premises liability, property damage and personal injury.
Notwithstanding, anything contained herein to the contrary,
Licensee shall have no obligation to defend, indemnify and hold
harmless the City as to any liability arising out of or in
connection with damages which are caused solely by torts
committed by City.
8. Access to Licensed Premises. The City shall
have access to the property at all times, and the public shall
have the right of ingress and egress through the property. The
Licensee agrees that none of its activities on the licensed
----
premises will obstruct or otherwise disturb the automobile
traffic "turn around" which currently exists at and near the
entry to the subject property on Canal street, as shown on
Exhibit "A" hereto, as long as this license is in effect.
9. Non-interference with Utilities and Corps. of
Engineers. The Licensee shall not utilize the property in such
a manner as to interfere with the maintenance of any public
utilities or maintenance of the right-of-way, or any interest
of the United States Corps of Engineers.
10. Non-Disturbance. The Licensee shall ensure that
all of the operations which occur on the licensed premises are
conducted in an orderly manner so as not to unreasonably annoy,
disturb or to be offensive to customers, patrons or to resi-
dents or others in the immediate vicinity of such operations.
The City shall have the right to terminate this agreement upon
5
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.
the City's sole discretion if Licensee fails to comply with
this section after the City gives written notice of the
disruption to Licensee three or more times during a twelve
month period. The thirty day notice provisions in Paragraph 17
will not apply.
II. Basic License Fee. The Licensee shall pay to
the City a base license fee of $1200 per year, commencing and
payable on the first day of the month after the execution of
this license agreement and annually on that date hereafter for
the first three years of this License Agreement. Thereafter,
in the fourth and subsequent years, the annual license fee
shall increase by five percent (5%) per year until the end of
---
the term of the license agreement. ----
12. Supplemental Licensee Fee. In addition to the
base Lic.ensee fee, in consideration of the rights granted to
Licensee under this Agreement, Licensee shall pay a supplemen-
tal license fee to the City over and above the base license fee
which shall be in the total sum of $37,092.00, payable as
follows:
(a) Seven thousand ninety-two dollars ($7,092.00)
upon execution of this Agreement on behalf of
the City; and one thousand dollars ($1,000) per
month for thirty months thereafter commencing
and payable on the first day of the month after
the date of execution of this License Agreement.
(b) The supplemental license fee shall be placed
into a separate, interest-bearing escrow
account. The supplemental license fees may only
be used by the City for the purpose of con-
structing a "river walk" on a portion of the
subject property. Should the river walk not be
constructed within ten (10) years from the date
of this Agreement, all supplemental license fees
together with the interest accrued thereon,
6
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"
shall be refunded to Licensee. Failure to build
the river walk at the end of the ten (10) year
period shall not constitute a default under this
Agreement.
13. Failure to Make Payment. In the event Licensee
fails to pay the base license fees or supplemental license fees
as required under the provisions of the License Agreement
within thirty (30) days after the payments are due, interest at
the rate of one and one-half percent (1 1/2%) per month shall
accrue against the delinquent payments until the same are paid.
(Implementation of this provision shall not preclude the City
from terminating this License Agreement for default in the
non-payment of license fees or charges, or from enforcing any
other provisions contained herein). -------
14. Insurance. Licensee, and its tenant, shall
purchase and maintain insurance providing liability coverage on
the licensed premises on an occurrence basis during the term of
this agreement as outlined below:
(a) Comprehensive General Liability or Commercial
General Liability Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive
General Liability Policy or Commercial General Liability Police
filed by the Insurance Services Office, and must include:
1. Minimum Limits of total coverage shall be
[$1,000,000.00] per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with
any excess coverage ( and the carrier) to be accept-
able to the City.
7
" "
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2. Premises and/or Operations.
3. Products and/or Completed Operations.
Licensee shall maintain in force until at least three
(3) years after completion of all services required
under the agreement, coverage for products and
completed operations, including Broad Form Property
Damage.
4. Broad Form Property Damage including
Completed Operations.
5. Broad Form Contractual Coverage applicable
to this specific agreement, including any hold
-----
harmless and/or indemnification agreement.--
6. Dock Liability.
(b) Additional Insured. The City is to be
specifically included as an additional insured
(including products).
(c) Notice of Cancellation and/or
Restriction. The policy must be endorsed to provide
the City with thirty (30) days' written notice of
cancellation and/or restriction.
15. Work Pursuant to Codes. All work on the
licensed premises shall be done according to City specifica-
tions, pursuant to City ordinances, and shall meet applicable
codes.
16. Cancellation by City: The occurrence of
any of the following shall cause this Agreement to be automati-
cally terminated:
8
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.
(a) Institution of proceedings in voluntary bank-
ruptcy by the Licensee.
(b) Institution of proceedings in involuntary
bankruptcy against the Licensee if such proceedings lead to
adjudication of bankruptcy and the Licensee fails within ninety
(90) days to have such adjudication reversed.
(c) Notwithstanding, the provision in paragraph 12,
the City shall have the right, after fourteen (14) calendar
days written notice sent by registered or certified mail to the
Licensee specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or
sums due hereunder continues for a period of ten (10) calendar
days after the due date for such payments; prov idea, however,
that such termination shall not be effective if Licensee makes
the req~ired payment(s) during the fourteen (14) calendar day
period following receipt of the written notice.
17. Default. Except where set forth specifically
herein, upon thirty (30) days notice of any default of the
terms and conditions of this Agreement, the defaulting party
shall cure such default. In the absence of such cure, in
addition to any other legally available remedy, the non-
defaulting party may terminate this Agreement. The City shall
give notice to the Licensee and endeavor to give notice to its
tenant of any default so that either the Licensee or its tenant
may cure the default. The City's failure to give such notice
9
. "
.
to Licensee's tenant will not serve to waive any failure of the
Licensee to cure the default.
18. Personal Property. Upon expiration, cancella-
tion or termination of this Agreement, the Licensee shall
remove all personal property and restore the premises to a neat
and clean condition.
19. Title to Improvements. Title to all permanent
improvements made and constructed on the licensed premises
during the term of the License Agreement shall remain and shall
be the property of the City; however, the City reserves the
right to have Licensee remove any and all permanent improve-
ments upon the expiration, cancellation or termination of this
license, with no cost to the City. ----
20. Compliance with Laws. The Licensee shall comply
with all-applicable requirements of Federal and State laws and
the City's Code of Ordinances, as may be amended from time to
time.
21. Modifications in Writing. No modification to
the License Agreement shall be effective, unless in writing and
signed by both of the parties hereto.
22. Taxes. The licensed premises being publicly
dedicated to the City is not subject to taxes. The City shall
not be responsible for any ad valorem taxes assessments,
special assessments or liens imposed upon the property and
improvements located thereon during the term of this License,
if any are applicable. The Licensee shall pay any taxes,
special assessments, or liens, including taxes for personal
10
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.
property improvements owned by the Licensee, should any be
imposed.
23. Assignment. The Licensee may not sub-license any
portion of the property to any person or corporation or other
entity without the prior written approval of the City, and any
such sub-license or other arrangement shall be in writing and
expressly be subject to all the terms and conditions of this
License Agreement and shall conform to all applicable laws,
ordinances, and regulations. Notwithstanding the foregoing,
Licensee may sub-license or otherwise permit the use of the
subject property pursuant to the terms of this Agreement by any
tenant of Licensee's abutting real property. The Licensee
shall not assign any of its rights or obligation~der this
License Agreement without the prior written consent of the
City, except that Licensee may assign its rights under this
License Agreement to any subsequent owner of Licensee's real
property abutting the subject property, without the consent of
the City.
24. Entire Agreement. This Agreement constitutes
the entire Agreement between the parties with respect to the
subject matter hereof and supersedes all prior, verbal or
written Agreements between the parties with respect thereto.
25. No Waiver. That no assent, express or implied,
by the either party to any breach of this Agreement shall be
deemed to be a waiver of any succeeding breach of the same or
other covenants.
11
. "
.
26. Jurisdiction. Any disputes between the Licensee
and the City shall be governed by the laws of Florida with
venue in Palm Beach County Florida.
27. No Warranties. The City makes no warranties,
guarantees or assurances regarding the City's rights or
interest in the subject property.
IN WITNESS WHEREOF, the parties hereto have caused
this License Agreement to be executed as of the date first
above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and legal ----
sufficiency:
City Attorney
LICENSEE:
COASTAL PARTNERS LIMITED
PARTNERSHIP, a Delaware
limited partnership
By: NEXT DOOR ASSOCIATES
LIMITED PARTNERSHIP, a
Delaware limited
partnership
By:
Witness Burton Handelsman,
General Partner
Witness
HIGHBRIDGE ASSOCIATES,
a Connecticut limited
partnership authorized to
transact business in Florida
as HIGHBRIDGE ASSOCIATES
LIMITED PARTNERSHIP
By:
Witness Burton Handelsman,
General Partner
Witness
12
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.
.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this day of , 1992 by
, as Mayor of the City
of Delray Beach, a municipal corporation organized under the
laws of the State of Florida, on behalf of the corporation who
is personally known to me or who has produced
(type of identification) as
identification and did/did not take an oath.
Official Notarial Seal
Signature of Person T~kJrng
Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this day of , 1992, by Burton
Handelsman, as general partner of Next Door Associates Limited
Partnership, a Delaware limited partnership, as general partner
of Coastal Partners Limited Partnership, a Delaware limited
partnership, on behalf of the partnership, who is personally
13
, ,.
.
known to me or who has produced
(type of identification) as identification and who did/did not
take an oath.
Signature of Person Taking
Official Notarial Seal Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
-----
The foregoing instrument was acknowledged before me
this day of , 1992, by Burton
Handelsman, as general partner of Highbridge Associates, a
Connecticut limited partnership, authorized to transact busi-
ness in Florida as Highbridge Associates Limited Partnership,
on behalf of the partnership, who is personally known to me or
who has produced ( type of
identification) as identification and who did/did not take an
oath.
Signature of Person Taking
Official Notarial Seal Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
brandys2.agt
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Mail For 1
Harty, Alison - City Clerk
TO User ID Address
HARTY DELRAYCH
FROM User ID Address
KOVACS DAVID
SUBJECT
REFERENCE
AUTHOR
ACTION DUE q/,;J8/9a.
DATE
IRna Susan Ruby: I will prepare info re Brandy's Dock, site plan,
~ items and status of Canal St for 10/13 CC mtg. I prsume you w,',1
hRnod:., terms, costs, etc and contact with Menor. Si? Info:others
" "
.
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: rt' CITY MANAGER
SUBJECT: AGENDA ITEM i CIS - MEETING OF SEPTEMBER 22, 1992
LICENSE AGREEMENT/HIGHBRIDGE ASSOCIATES AND COASTAL PART-
NERS LIMITED
DATE: September 18, 1992
This item is before you to consider entering into a license agreement
with Highbridge Associates and Coastal Partners Limited for the use of
a portion of Canal Street to install a dock and for the purpose of
food and beverage service.
The license agreement is for 25 years with automatic one-year renewals
thereafter. The license fee for the 25 year period and one-year
renewal periods is $1,200 per year. In addition, a supplemental
license fee of $37,092, payable within 30 months, is set forth to
cover some of the expenses of a riverwalk should the City decide to
construct such improvements within 10 years of the date of the
agreement. If the City does not construct the riverwalk, the
supplemental license fee and interest thereon should be returned to
the applicant.
Recommend consideration of a license agreement with Highbridge
Associates and Coastal Partners Limited for the use of a portion of
Canal Street to install a dock and for the purpose of food and
beverage service.
d~ <3Co;;;;
(ll/liJREWS qL-- if /f1? naP II iJ;,ssvmrk?)
i~ to Iu Mh~!
'" "
.
If/Jg/i/;;'' 01(
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avlf- ((cJel1 IJI'
,_/
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW ht AVENUE. DELRAY BEACH, FLORIDA 3:1-.4-1
FACSl.\flLE 407/278-4755 Wr~t_r.. D~r_ct L~n_
(407) 243-7081
MEMORANDUM
Date: September 18, 1992
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, Assistant City Attorney
Subject: License Agreement - Canal Street - Brandys
Highbridge Associates and Coastal Partners Limited (Mr. Burt
Handlesman) desires to enter into a license agreement for use
of a portion of Canal Street, as shown on Exhibit A, to install
a dock and for the purpose of food and beverage service.
The license is for 25 years with automatic one-year renewals
thereafter. The license fee for the 25-year period and
one-year renewal periods is $1,200 per year. In addition, a
supplemental license fee of $37,092.00, payable within 30
months, is set forth to cover some of the expenses of a
riverwalk should the City decide to construct such improvement
within ten years of the date of the agreement. If the City
does not construct the riverwalk within ten (10) years from the
date of the agreement, the supplemental license fee and
interest thereon should be returned.
place this agreement on the September 22, 1992 City
io agenda for City Commission consideration.
Attachment
cc: Alison MacGregor Harty, City Clerk
David Kovacs, Director of Planning & Zoning
Arthur Menor, Esq.
Michael Weiner, Esq.
brandys.sar
.- ..
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LICENSE AGREEMENT
This License Agreement is made this day of
, 1992 between the City of Delray Beach,
Florida, a Florida municipal corporation (the City) and
Highbridge Associates, a Connecticut limited partnership
authorized to transact business in Florida as Highbridge
Associates Limited Partnership, and Coastal Partners Limited
Partnership, a Delaware limited partnership (collectively, the
Licensee) .
WIT N E SSE T H
WHEREAS, the City Commission of the City of Delray
Beach, Florida, desires to authorize the Licensee to use a
certaia-publicly dedicated right-of-way; and,
.~
WHEREAS, the Licensee is desirous of constructing
certain improvements on a portion of said right-of-way.
NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS
SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES
HEREBY AGREE AS FOLLOWS:
1. Incorporation. The recitations set forth above
are incorporated herein.
2. License Aqreement - Licensed Premises. The City
grants to Licensee permission to use the publicly dedicated
right-of-way of the City as described in EXHIBIT "A" attached
hereto and made a part hereof (hereinafter referred to as the
licensed premises or the subject property). The intention of
. ..
.
the parties is to create a license only. This Agreement
confers no leasehold interest and should be construed by a
court of competent jurisdiction to be a License Agreement only. .
3. Term of License. The License Agreement shall
extend for a period of twenty-five (25) years from the date of
this License Agreement and shall automatically renew for
successive additional one ( I) year periods thereafter unless
either party gives notice of its intent not to renew sixty (GO)
days prior to the expiration of the twenty-five (25) year term
or one year automatic renewal terms, unless the agreement is
cancelled, or terminated as provided herein.
4. Use of Licensed Premises. The Licensee may use
the above described property for the following purposes:
Installation, maintenance, and use of improvements
associ~d with a boat dock which shall be installed primarily
-~-
in the - Intracoastal Waterway abutting the right-of-way,
including, without limitation, anchoring devices, ramps,
walk-overs, handrails, lighting and associated utility lines;
ingress and egress from the property owned by Licensee over the
subject property to the boat dock. Further, the Licensee and
tenant of Licensee may use the licensed premises for the
purpose of serving food and beverages so long as this use
comports with all the Land Development Regulations.
5. Conditions of Use. The City's permission to use
the licensed premises is subject to the following conditions:
(a) Any and all other purposes and uses consistent
2
. "
.
with the foregoing purposes and uses as referenced in Paragraph
4 above, or ancillary to such purposes and uses may be permit-
ted only upon further written consent by the City.
(b) No above ground permanent structures or walls
shall be constructed on the subject property without the City's
written consent or the consent of other parties having an
interest in the property, other than the improvements described
in Paragraph 4 above, which may be constructed upon issuance of
a building permit therefor by the City provided the Licensee
has received all other necessary governmental permits.
(c) All improvements proposed by the Licensee and as
referred to in Paragraph 4 and any other improvements proposed
by the Licensee and referred to in paragraph 5{a) to the
licensed premises shall be constructed by the Licensee
provid~ however, that the City also retains the right to make
~
and construct improvements to the licensed premises during the
term of this license agreement. The City shall use its best
efforts to not disturb improvements made by Licensee or
interfere with the rights granted to Licensee hereunder. The
Licensee understands that the construction of a river walk will
cause disruption to the licensed premises.
(d) The Licensee shall maintain and keep in good and
proper repair all improvements to the licensed premises made by
Licensee at its sole cost and expense, with no cost to the
City. The Licensee shall keep the entire licensed premises
free of litter and debris, and in a neat and orderly condition.
The Licensee understands that any improvements made by the City
3
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to the Sea Wall, public utilities, road surface or any other
improvements made by the City which cause improvements placed
on the premises by Licensee to be altered or damaged will
result in no liability or cost to the City for such alteration
or damage, and all costs of repair of the improvements
originally made by the Licensee will be at Licensee's sole cost
and expense. The City shall use its best efforts to not alter
or damage any improvements placed on the licensed premises by
License and shall attempt to minimize damage to the improve-
ments. Should the Licensee fail to initiate repairs or to
maintain its improvements thereon in a neat and orderly
condition and in proper repair, or fail to keep the entire
licensed premises free of litter and debris and maintained in a
neat and orderly condition, the City may provide Licensee with
notice~reof and should Licensee fail to initiate corrections
--
within thirty (30) days of such notice, the City may make the
repairs or corrections at the Licensee's sole expense. Further,
if the City provides the Licensee with notice of a deficiency
and the Licensee fails to initiate corrections within thirty
(30) days of such notice, the City may terminate the agreement.
All corrections must be made within a reasonable time.
6. Subject to Easements and Other Riqhts. Permis-
sion for the Licensee to use the licensed premises is subject
to all other easements and rights of record and any and all
other rights asserted to the subject property.
7 . Indemnification. The Licensee for himself,
heirs, personal representatives, successors, and assigns agrees
4
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.
that it shall release, defend, indemnify and hold harmless the
City, its officers, agents and employees for any and all
liability, judgments, costs, damages and expenses which may
accrue against, be charged to, or recovered against the City or
the Licensee by any person, guest, invitee or any person or
legal entity whatsoever as a result of the Licensee's use of
said property which shall include, but not be limited to
premises liability, property damage and personal injury.
Notwithstanding, anything contained herein to the contrary,
Licensee shall have no obligation to defend, indemnify and hold
harmless the City as to any liability arising out of or in
connection with damages which are caused solely by torts
committed by City.
8. Access to Licensed Premises. The City shall
have a~ss to the property at all times, and the public shall
have the right of ingress and egress through the property. The
Licensee agrees that none of its activities on the licensed
premises will obstruct or otherwise disturb the automobile
traffic "turn around" which currently exists at and near the
entry to the subject property on Canal Street, as shown on
Exhibit "A" hereto, as long as this license is in effect.
9. Non-interference with utilities and Corps. of
Enqineers. The Licensee shall not utilize the property in such
a manner as to interfere with the maintenance of any public
utilities or maintenance of the right-of-way, or any interest
of the United States Corps of Engineers.
5
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10. Non-Disturbance. The Licensee shall ensure that
all of the operations which occur on the licensed premises are
conducted in an orderly manner so as not to unreasonably annoy,
disturb or to be offensive to customers, patrons or to resi-
dents or others in the immediate vicinity of such operations.
I!. Basic License Fee. The Licensee shall pay to
the Ci ty a base license fee of $1200 per year, commencing and
payable on the first day of the month after the execution of
this license agreement and annually on that date hereafter
until the end of the term of the license agreement.
12. Supplemental Licensee Fee. In addition to the
base Licensee fee, in consideration of the rights granted to
Licensee under this Agreement, Licensee shall pay a supplemen-
tal license fee to the City over and above the base license fee
which Shall be in the total sum of $37,092.00, payable as
.----
follows:
(a) Seven thousand ninety-two dollars ($7,092.00)
upon execution of this Agreement on behalf of
the City; and one thousand dollars ($1,000) per
month for thirty months thereafter commencing
and payable on the first day of the month after
the date of execution of this License Agreement.
(b) The supplemental license fee shall be placed
into a separate, interest-bearing escrow
account. The supplemental license fees may only
be used by the City for the purpose of con-
structing a "river walk" on a portion of the
subject property. Should the river walk not be
constructed within ten (10) years from the date
of this Agreement, all supplemental license fees
together with the interest accrued thereon,
shall be refunded to Licensee. Failure to build
the river walk at the end of the ten (10) year
period shall not constitute a default under this
Agreement.
6
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13. Failure to Make Payment. In the event Licensee
fails to pay the base license fees or supplemental license fees
as required under the provisions of the License Agreement
within thirty (30) days after the payments are due, interest at
the rate of one and one-half percent ( 1 1/2%) per month shall
accrue against the delinquent payments until the same are paid.
(Implementation of this provision shall not preclude the City
from terminating this License Agreement for default in the
non-payment of license fees or charges, or from enforcing any
other provisions contained herein).
14. Insurance. Licensee, and its tenant, shall
purchase and maintain insurance providing liability coverage on
the licensed premises on an occurrence basis during the term of
this agreement as outlined below:
__ (a) Comprehensive General Liability or Commercial
---
General Liability Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive
General Liability Policy or Commercial General Liability Police
filed by the Insurance Services Office, and must includ~:
-
1. Minimum Limits of total coverage shall be
[$1,000,000.00] per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with
any excess coverage (and the carrier) to be accept-
able to the City.
2. Premises and/or Operations.
7
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3. Products and/or Completed Operations.
Licensee shall maintain in force until at least three
(3) years after completion of all services required
under the agreement, coverage for products and
completed operations, including Broad Form Property
Damage.
4. Broad Form p.roperty Damage including
Completed Operations.
5. Broad Form Contractual Coverage applicable
to this specific agreement, including any hold
harmless and/or indemnification agreement.
6. Dock Liability.
(b) Additional Insured. The City is to be
specifically included as an additional insured
--- (including products).
--
(c) Notice of Cancellation and/or
Restriction. The policy must be endorsed to provide
the City with thirty (30) days' written notice of
cancellation and/or restriction.
15. Work Pursuant to Codes. All work on the
licensed premises shall be done according to City specifica-
tions, pursuant to City ordinances, and shall meet applicable
codes.
16. Cancellation by City: The occurrence of
any of the following shall cause this Agreement to be automati-
cally terminated:
8
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(a) Institution of proceedings in voluntary bank-
ruptcy by the Licensee.
(b) Institution of proceedings in involuntary
bankruptcy against the Licensee if such proceedings lead to
adjudication of bankruptcy and the Licensee fails within ninety
(90) days to have such adjudication reversed.
(c) Notwithstanding, the provision in paragraph 12,
the City shall have the right, after fourteen (14 ) calendar
days written notice sent by registered or certified mail to the
Licensee specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or
sums due hereunder continues for a period of ten (10) calendar
days after the due date for such payments; provided, however,
that such termination shall not be effective if Licensee makes
the re~ed payment(s) during the fourteen (14) calendar day
period following receipt of the written notice.
17. Default. Except where set forth specifically
herein, upon thirty (30) days notice of any default of the
terms and conditions of this Agreement, the defaulting party
shall cure such default. In the absence of such cure, in
addition to any other legally available remedy, the non-
defaulting party may terminate this Agreement. The City shall
give notice to the Licensee and endeavor to give notice to its
tenant of any default so that either the Licensee or its tenant
may cure the default. The City's failure to give such notice
to Licensee's tenant will not serve to waive any failure of the
Licensee to cure the default.
9
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18. Personal Property. Upon expiration, cancella-
tion or termination of this Agreement, the Licensee shall
remove all personal property and restore the premises to a neat
and clean condition.
19. Title to Improvements. Title to all permanent
improvements made and constructed on the licensed premises
during the term of the License Agreement shall remain and shall
be the property of the City; however, the City reserves the
right to have Licensee remove any and all permanent improve-
ments upon the expiration, cancellation or termination of this
license, with no cost to the City.
20. Compliance with Laws. The Licensee shall comply
with all applicable requirements of Federal and State laws and
: the City's Code of Ordinances, as may be amended from time to
time. ___
---
21. Modifications in Writinq. No modification to
the License Agreement shall be effective, unless in writing and
signed by both of the parties hereto.
22. Taxes. The licensed premises being publicly
dedicated to the City is not subject to taxes. The City shall
not be responsible for any ad valorem taxes assessments,
special assessments or liens imposed upon the property and
improvements located thereon during the term of this License,
if any are applicable. The Licensee shall pay any taxes,
special assessments, or liens, including taxes for personal
property improvements owned by the Licensee, should any be
imposed.
10
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23. Assiqnment. The Licensee may _not sub-license any
portion of the property to any person or corporation or other
entity without the prior written approval of the City, and any.
such sub-license or other arrangement shall be in writing and
expressly be subject to all the terms and conditions of this
License Agreement and shall conform to all applicable laws,
ordinances, and regulations. Notwithstanding the foregoing,
Licensee may sub-license or otherwise permit the use of the
subject property pursuant to the terms of this Agreement by any
tenant of Licensee's abutting real property. The Licensee
shall not assign any of its rights or obligations under this
License Agreement without the prior written consent of the
City, except that Licensee may assign its rights under this
License Agreement to any subsequent owner of Licensee's real
proper~abutting the subject property, without the consent of
----
i the City.
24. Entire Aqreement. This Agreement constitutes
,. the entire Agreement between the parties with respect to the
subject matter hereof and supersedes all prior, verbal or
written Agreements between the parties with respect thereto.
25. No Waiver. That no assent, express or implied,
by the either party to any breach of this Agreement shall be
deemed to be a waiver of any succeeding breach of the same or
other covenants.
26. Jurisdiction. Any disputes between the Licensee
and the City shall be governed by the laws of Florida with
venue in Palm Beach County Florida.
11
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27. No Warranties. The City makes no warranties,
guarantees or assurances regarding the City's rights or
interest in the subject property.
IN WITNESS WHEREOF, the parties hereto have caused
this License Agreement to be executed as of the date first
above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor
Approved as to form and legal
sufficiency:
City Attorney
LICENSEE:
COASTAL PARTNERS LIMITED
PARTNERSHIP, a Delaware
limited partnership
--- By: NEXT DOOR ASSOCIATES
----- LIMITED PARTNERSHIP, a
Delaware limited
partnership
By:
Witness Burton Handelsman,
General Partner
Witness
HIGHBRIDGE ASSOCIATES,
a Connecticut limited
partnership authorized to
transact business in Florida
as HIGHBRIDGE ASSOCIATES
LIMITED PARTNERSHIP
By:
Witness Burton Handelsman,
General Partner
Witness
12
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this day of , 1992 by
, as Mayor of the City
of Delray Beach, a municipal corporation organized under the
laws of the State of Florida, on behalf of the corporation who
is personally known to me or who has produced
( type of identification) as
identification and did/did not take an oath.
Official Notarial Seal
Signature of Person Taking
Acknowledgment
~ Name of Acknowledge Typed,
~ Printed or Stamped
Title or Rank
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
-The foregoing instrument was acknowledged before me
this day of , 1992, by Burton
Handelsman, as general partner of Next Door Associates Limited
Partnership, a Delaware limited partnership, as general partner
of Coastal Partners Limited Partnership, a Delaware limited
partnership, on behalf of the partnership, who is personally
known to me or who has produced
13
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.
(type of identification) as identification and who did/did not
take an oath.
Signature of Person Taking
Official Notarial Seal Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was-acknowledged before me
this day of , 1992, by Burton
Handelsman, as general partner of Highbridge Associates, a
Connecticut limited partnership, authorized to transact busi-
--- Highbridge Associates Limited
ness i~lorida as Partnership,
on behalf of the partnership, who is personally known to me or
who has produced ( type of
identification) as identification and who did/did not take an
oath.
Signature of Person Taking
Official Notarial Seal Acknowledgment
Name of Acknowledge Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
14
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.
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.- EXHIBIT "1\"
'. .1
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(,^,
(1'v(
C I T Y COM MIS S ION DOC U MEN TAT I O_N
TO: DAVID T. HARDEN, CITY MANAGER
i~~~UQA-4-
FROM: DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 23, 1993
STATUS REPORT RE PROPOSED PROGRAM FOR IMPROVEMENTS TO
GEORGE BUSH BOULEVARD AND PALM TRAIL IN CONJUNCTION
WITH "THE ANCHORAGE"
ACTION REQUESTED OF THE COMMISSION:
While there is no action required of the City Commission,
this item is being reviewed due to the public exposure
which it will receive in the next few weeks.
The pro j ect involves proposed improvements to George Bush
Boulevard and to Palm Trail, north of George Bush
Boulevard, to be carried out in public/private venture with
the developer of The Anchorage. The project will
necessitate the expenditure of some public funds and the
payback of some other funds expended by the developer.
In order to be involved in the project, it is necessary to
amend the Capital Improvement Program of the Comprehensive
Plan, thus, this item will soon receive significant
discussion.
BACKGROUND:
In June, 1990, there was a Technical Advisory Committee
(TAC-staff) review of a "sketch plan" for The Anchorage. That
proposal (and review) did not address off-site road
improvements. During the ensuring months the City Commission
was aware of the proposed pro j ect due to requests for support
and involvement with mitigation of environmental impacts which
involved off-site properties e.g. The Connelly Property and a
FIND parcel south of the 8th Street Bridge.
In April, 1991, Mr. Swaim made a proposal to the CRA regarding
participation in certain off-site road improvements (Palm Trail
and George Bush Boulevard). This was followed by a worksession
of the City Commission and the C.R.A. which was held on June 18,
1991.
'IE
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City Commission Documentation
status Report Re Proposed Program for Improvements to George
Bush Boulevard & Palm Trail in Conjunction with "The Anchorage"
Page 2
In July, 1991, other (not City Commission) meetings were held
regarding the above proposal and several other aspects of the
overall project, The Anchorage. The need to have a formal
submission made to the City was emphasized. In response, a
Sketch Plan submission, dated September 23, 1991, was made.
The Sketch Plan was reviewed by the Planning and Zoning Board on
October 21, 1991- It was noted that the associated road
improvement project would require an amendment to the
Comprehensive Plan. The applicant stated that the off-site road
improvements were not critical to the project.
Following that meeting, the applicant, by letter of October 23,
1991, sought clarification regarding the relationship of The
Anchorage to the Comprehensive Plan but noted that the off-site
road improvements were not a part of the (then) current
proposal. The City Manager responded via letter of January 31,
1992, in which it was stated that the off-site road improvement
program would require amendments to the Public Facilities and
Capital Improvement Elements of the Comprehensive Plan (if they
were to be a part of the overall development proposal).
A draft Road Construction Agreement, prepared by the applicant,
was referred for comment, by the City Manager, on December 19,
1991- Comments provided in the Planning Department memorandum
of February 3, 1992.
On February 25, 1992, the City Commission reviewed the draft
agreement and provided direction to the Administration to
proceed with a Plan Amendment to accommodate the project.
However, it was qualified that the applicant needed to provide
specific information and analysis which would be necessary for
the Amendment.
A March 18, 1992, letter from the City Attorney identified some
needed changes to the proposed agreement. This letter was
followed by one on April 20th, and another on May 6th.
On April 2, 1992, the City Manager provided a letter to the
developer regarding the information which would be necessary to
process the required Plan Amendment.
Some information pertaining to the impacts of the proposed
improvements was made available late in 1992. Apparently in
response to that information a new cross-section for George Bush
Boulevard was provided. That new cross-section and an up-dated
road agreement were distributed for review in early February,
1993.
" "
.
.
City Commission Documentation
Status Report Re Proposed Program for Improvements to George
Bush Boulevard & Palm Trail in Conjunction with "The Anchorage"
Page 3
Need for Inclusion in Comprehensive Plan Amendment 93-1: Given
receipt of the above information and our current consideration
of the Five-Year Schedule of Improvements in Plan Amendment
93-1, the direction provided by the City Commission in February,
1992, can now be fOllowed-up upon.
The specific considerations in Amendment 93-1 will include:
* Establishment of need for a beautification project along
George Bush Boulevard and along Palm Trail within the
Traffic Element, Objective B-3.
* Establishment of need for a drainage improvement along
George Bush Boulevard within the Public Facilities Element,
Objective E-l.
* Identification of the beautification project and for the
drainage project within the Capital Improvement Element;
identification of appropriate funding sources; and
determination of priority pursuant to CIE Objective A-3.
* Inclusion of the overall project in the Five-Year Schedule
of Capital Improvements.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has yet to have reviewed this
item. Due to the impacts of the proposed roadway plan, the
following schedule of review is proposed:
* Thursday, February 25th, mailing of letter to owners and
users of property along those portions of George Bush
Boulevard and Palm Trail which will be impacted by the
proposed improvements.
* Monday, March 8th, public review of the proposed
(applicant) road section and options (by staff).
Assessment of impacts. Public comment.
* Monday, March 15th (tentative) public hearing by the
Planning and Zoning Board on all aspects of Plan Amendment
93-l.
* Tuesday, March 23rd, City Commission Transmittal Hearing
(forwarding to DCA) of Plan Amendment 93-1.
RECOMMENDED ACTION:
While no action is necessary, if any Commissioners have
reservations or concerns regarding the above information, it
should be aired at this time.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ7v'l
SUBJECT: AGENDA ITEM i q. F. - MEETING OF FEBRUARY 23. 1993
CHANGE ORDER NO. 2A/DEES CONTRACTING. INC.
DATE: February 19, 1993
This item is before you to rescind Change Order No. 2 to the contract
with Dees Contracting, Inc. in the amount of $18,253.46 (approved by
the Commisison on 1/12/93) and approve Change Order No. 2A in the
amount of $91,640.46 for remedial repairs on the Elevated Storage Tank
project.
Change Order No. 2A incorporates those items previously contained in
Change Order No. 2 and includes additional items discovered during the
one-year warranty inspection. This change order is being processed on
an emergency basis as it is imperative that this tank be put back in
service as soon as possible. With this tank out of service, water
pressure is maintained by high service pumps which increases the
potential for over-pressurizing and water main breaks due to water
hammer.
While the contractor and/or engineer may have some liability for these
repairs, staff is recommending (1) that the contractor be authorized
to proceedj (2 ) acceptance of the negotiated settlement with Dees
Contracting, Inc. j and ( 3 ) that reimbursement be sought from the
engineer/inspector. The City Attorney's office has been briefed on
this situation and will pursue the reimbursement issue. A detailed
staff report is attached as backup material for this item.
I have already signed the notice to proceed in order to allow the
contractor to proceed on an emergency basis. Commission approval is
requested after the fact.
Recommend Change Order No. 2 in the amount of $18,253.46 be rescinded,
and Change Order No. 2A in the amount of $91,640.46 to the contract
with Dees Contracting, Inc. be approvedj with funding from Renewal and
Replacement - Rehabilitation of 1/2 Million Gallon Elevated Tank
(Account No. 442-5178-536-61.79).
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Agenda Item No.:
AGENDA REOUEST
Date: February 15, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: February 23, 1993
Description of item (who, what, where, how much): On the Elevated storage Tank
Rehabilitation Project (90-01) a one-year warranty inspection took place in
conjunction with the work previously authorized in Change Order #2 (1/12/93
agenda) which revealed additional work to be done in order to rehabilitate the
500,000 gallon elevated storage tank.
Staff requests City Commission to approve Change Order #2A to Dees Contracting
for miscellaneous structural and painting modifications to the interior and
exterior of the tank per the information received during the one-year Warranty
inspection for the original Contract and Change Order #1. This inspection was
done by an independent inspection firm, TEAM, Inc. (see attached). This Change
Order includes: 1) warranty items to be done by Dees at no charge 2) items not
in the original scope of work but is now needed for full rehabilitation and 3)
additional items on the interior of the tank required due to elimination of a
seam sealer on the rivet seams. Per the Original Contract and Change Order #1
modifications a seam sealer on the interior seams was a requirement of the
Contract. See attached memo chronologizing the Project and explanative letter
from Dees Contracting regarding this issue. Further clarification of scope of
work is per Schedule "B" of the Change Order attached. Jeff Kurtz, City
Attorney, has been briefed on this situation and will pursue reimbursement from
our Consulting Engineer, Post, Buckley, Schuh and Jernigan, for repair costs
associated with the seam sealer elimination issue. Dees Contracting has reduced
their prices 30% for their pro-rata share for these costs.
Request for change Order #2A is made on an emergency basis. The reason for this
basis is that it is imperative that this tank be put back in service as soon as
possible for the following reasons: 1) The tank acts as an system equalizer to
minimize pressure variations and subsequent potential "water hammers" which
could ultimately lead to water main breaks 2) We currently are at peak
seasonal demand and the added storage capacity of this tank is vital to help
assure that the customer needs of this demand can be met 3) The Contract for
the South Storage Tank has been executed and based on Contract requirements a
Notice to Proceed must be issued to the Contractor no later than March 12, 1993
to fulfill our obligations.
Change Order #2A is for a net add amount of $91,640.46 which results in an
adjusted Contract amount of $344,290.46. The actual net add over the Original
Contract amount of $259,111.00 is $85,179.46. Funding Source is
442-5178-536-61.79.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff Recommends approval of Change Order #2A for 1) warranty
items, 2) items needed but not in original scope (value received) and 3) Seam
sealer deficiency and suggest reviewing "Options/Considerations/Recommendations"
page attached. Staff recommends approval of option 4. City Attorney is in
concurrence with this recommendation, and Change Order #2A is based on this
option.
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Department Head ~~~ (' 6J
Signature: _'?J y / / :;z ~7
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: &/NO /1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9012.doc
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. CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2A PROJECT NO. 90-01 DATE:
PROJECT TITLE: Elevated Water storage Tank Rehabilitation
TO CONTRACTOR: Dees Contracting, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Miscellaneous structural and painting modifications to the interior and exterior of the
tank per the information received during the Warranty inspection. All work completed
under this Change Order shall be warranted per the Contract for one year from completion.
All work to be in accordance with Schedule "A" and "B" attached. All work shall be
completed per attached specifications entitled "Specifications for Delray Beach 500,000
gallon Renovation", pages 1-4.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $259,111.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ (6,461.00)
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $252,650.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 91,640.46
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $344,290.46
PER CENT ADD THIS CHANGE ORDER 37 %
TOTAL PER CENT ADD TO DATE 33 %
Work to be completed by March 11, 199-3
CERTIFIED STATEMENT: I hereby certify that the is, in my
considered opinion, accur
TO BE FILLED OUT BY DEPARTMENT INIT TING CHANGE
Environmental Services Department HZ. s'n t. ts-b- M:' i is SOURCE
DELRAY BEACH, FLORIDA by its City commission
RECOMMEND. /fI/1d -..~~~. . ~ >/JO By' 4.J ---r-iJ ,,< L /,,~!II /1?
William H Greenwood, Director David T. Harden, City Manager
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
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Schedule "A" - Change Order #2A
Elevated Storage Tank Rehabilitation
Project #90-01
Bid Prices Units Total
====================================
Base Bid credit for Items not required:
Replace intermediate clamp on the safety device S300.00 -1 LS (S300.00)
Repair balcony floor after sandblasting with new
plate sections-(tot 50 sf) $500.00 -1 LS ($500.00)
Replace nuts and bolts holding the dome cap
to the roof $315.00 -1 LS ($315.00)
Replace bolts holding the finial to the dome cap $52.00 -1 LS ($52.00)
Credit for non-hazardous removal not nec- $13,000.00 -1 LS ($13,000.00)
essary (Item VI)
----------.-------------
Subtotal Base Bid credit (S14,167.00) *
============
Additional repair items:
Strut replacement > 10 $1,100.00 22 Ea $24,200.00
Replace balcony floor $70.00 o SF $0.00
Misc fillet welds $14.50 o Ea $0.00
Misc welds to seal pinhole leaks S35.00 9 Ea $315.00
Misc rivet replacement $70.00 o Ea $0.00
Miscellaneous bolt replacement $60.00 o Ea SO.OO
Replace hatch curb S290.00 1 LS $290.00
Rework interior ladder S725.00 1 LS S725.00
Replace cap w/vent S8,975.00 1 LS S8,975.00
Replace turnbuckles S725.00 o Ea $0.00
Replace tie-rod pins $475.00 o Ea $0.00
Tighten Rods S108.75 2 Ea $217.50
Install ladder cage $7,250.00 1 LS $7,250.00
Repair riser connection $725.00 1 LS $725.00
Remove interior spider rods $6,800.00 1 LS $6,800.00
Replace 6" valve and piping S12,600.00 1 LS $12,600.00
~ing plate behind struts $435.00 o Ea $0.00
Furn & Install safety climb (galv) S5,974.00 1 LS S5,974.00
Caulk eye connections $75.80 o Ea SO.OO
Paint base pedestals S1,325.00 1 LS $1,325.00
Sodding (City Portion) S850.00 1 LS $850.00
Brass safety climb $365.00 1 LS $365.00
Clean cars due to overspray ($4,356.04) 1 LS ($4,356.04)
------------------------
Subtotal additional repair items $66,255.46 **
------------
------------
Additional work required after one-year warranty inspection
per Schedule "B" attached $89,552.00
------------------------
Subtotal additional remedial work $89,552.00 ***
------------
------------
S~ry totals
Total credits to base bid ($14,167.00) *
Additional repair items $66,255.46 **
Less Contract allowance ($50,000.00)
--......-..-----
Subtotal net add thru c.o. #1 $2,088.46
Schedule "B" warranty items S89,552.00 ***
------------
Total net add Change Order #2A $91,640.46
------------
------------
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Memorandum
Date: February 5, 1993
To: David T Harden, city Manager
Thru: William H Greenwood, Director ,O~,~~",ironmental Services ~!{f~
Ralph Hayden, city Engineer \)I/i- ~iV
From: Howard Wight, Construction Manag . ,-,
, \ -
Re: Elevated Water storage Tank (90-01)
Chronology of Project
Background - original Contract
o Both City of Delray Beach elevated storage tanks were
inspected in October of 1985 by Howie Greene report
issued November 14, 1985.
o The smaller tank (150,000 gal.) was subsequently razed,
but no apparent action was taken on the larger tank of
the water plant.
o Memo dated October 12, 1989; received at PBS&J October
18, 1989, Bill Greenwood provided a copy of the
inspection report and requested a proposal for the
necessary services for the preparing documents for the
tank rehabilitation.
o On November 30, 1989 PBS&J forwarded a proposal to the
city to perform engineering services related to the
tank rehabilitation.
o PBS&J resubmitted its proposal on March 6, 1990.
o city council approved PBS&J's contract on May 24, 1990.
o PBS&J sent Cellular One a letter confirming Cellular
One's responsibility, by agreement for a portion of the
tank maintenance.
o Purchase Order No. 19190 was issued on July 5, 1990 and
received by PBS&J on July 12, 1990 thus constituting
the notice to proceed on this project.
o August 1, 1990 PBS&J entered into a contract with Howie
Green for construction phase services limited to 14
site visits.
o August 14, 1990 PBS&J forwarded the Contract Documents
to the city for review.
- 1 -
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0 After discussions with the City, PBS&J forwarded a copy
of the "Front-End" documents to Ms. Susan Ruby for her
review.
0 The city provided PBS&J with new standard "Front-End"
documents and PBS &J revised the project documents and
sent them to the City's purchasing department on
January 4, 1991 for advertisement.
0 Bids received February 1, 1991- Three bidders.
0 PBS&J reviewed bids and recommended low bidder on
February 7, 1991-
0 On March 1, 1991 PBS&J issued a revised recommendation
and referenced the issue that the low bidder did not
have a Florida Contractor's License.
0 March 4, 1991 PBS&J provided the City with a potential
cost breakdown for Cellular One's maintenance cost
along with a draft letter to Cellular One. This PBS&J
correspondence also contained our position on
alternative exterior surface preparation and coating
proposed by the City.
0 March 21, 1991, PBS&J requested, at the request of the
City, Dees contracting to provide a revised cost on an
alternative exterior coating system.
0 March 21, 1991 PBS&J requested, in writing, of each
bidder that the period of award be extended 60 days for
additional review.
0 On April 2 and April 16, 1991 the apparent low bidder,
Dees Contracting, Inc. , corresponded with the city on
alternative repairs and alternative exterior surface
preparation and coating.
0 During the next several weeks numerous discussions were
held on alternative exterior surface preparation and
coating systems. Also during this period a substantial
amount of activity took place relative to what licenses
were required of the contractor and the need for him to
meet these requirements before a notice to proceed
could be issued. General contractors license
information submitted to Building Department with
permit application. Permit issued by COB Building
Department.
0 Notice of Tentative Award sent to Dees Contracting,
Inc. on June 21, 1991- This package also included an
alternative exterior surface preparation and coating
system for the contractor to quote.
0 July 1, 1991 Dees sent a quote on the alternative
painting exterior system which also included additional
OSHA monitoring. Dees also sent, at this time the
majority on the required contract documents.
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0 July 17, 1991 the Dees information plus our regarding
paint specifications recommendation on their exterior
coating quote was sent to Mark Gabriel.
0 July 29, 1991 PBS& J forwarded 4 signed contracts to
the City.
0 The first week in August an alternative surface
preparation and coating system for the exterior of the
tank was agreed to by all parties. A change order was
approved on August 9, 1991 with a decrease in the
contract amount of $ 6,461.00.
.
0 After the exterior coating issue was resolved a concern
over the potential amount of additional structural
repairs became apparent. The condition of the tank has
continued to deteriorate and thus the needed repairs
has increased. An attempt was made to quantify the
required repairs to determine if the $ 50,000 owners
allowance in the contract would be sufficient to cover
the cost. After review PBS&J prepared an estimate of
the potential cost on October 9, 1991-
0 October 16, 1991, Don Haley contacted Ed Copeland of
PBJ&S to advised him that during a meeting at the City,
Howie Greene an NACE Level III Inspector stated that he
was not going to honor his contract with PBS&J and that
a full time inspector was needed.
0 October 17, 1991 Ed Copeland contacted Howie Greene to
try to determine what was going on. Howie advised that
his contract was over one year old and that the scope
of the project had expanded. Howie recommended that
his work be converted to an hourly charge on an as
needed bases. Also a certified NACE Level III
inspector be retained full time during the surface
preparation and coating. Howie also advised that he
had merged with S. G. Pinney & Associates, Inc. an
engineer firm specializing in services to users of
protective coatings.
0 October 17, 1991 Howie Greene faxed a letter confirming
the discussions of that morning.
0 October 24, 1991 received a letter proposal for
providing a tank inspector.
0 October 25, 1991 Howie Greene called to advise that the
repairs are going well but he is concerned about the
painters. Their equipment did not appear to be up to
industry standards. Again he believes that full time
inspection during surface preparation and coating (both
for interior and exterior) will be necessary to insure
that the City gets a high quality jOb.
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0 PBS&J's service authorization amended to include
additional time required for additional scope of
services for sub-consultant S.G. pinney for full-time
coatings inspector and additional construction
services for Howie Greene due to increased scope of
structural work to be completed on the tank.
0 Interior portion of the work was substantially
completed on (January 11, 1992) . All work approved as
inspected by s. G. Pinney reported to City to be
per Contract. Remaining items on the interior noted at
1/13/92 meeting and subsequent memo dated January 14,
1992 from s. G. Pinney were 1) No bug screen on finial
vent 2) No seam sealer on interior dome 3) Entrance
hatch needs to be repainted with hi-build epoxy.
0 structural work on tank completed on (January 13,
1992) . All work that needed to be done was identified
and completed except for the following: 1) Caulk eyes
at connections (extra care was to be taken when
applying coatings 2) Replace/tighten connecting rods
(4 rods were identified to be tightened and no rods
were identified to be replaced; only 2 rods were
tightened because the other 2 could not be worked by
structural subcontractor Dave Johnson) . Howie Greene
said later that this was all right because that once
the tank was filled all of the rods should go back to
the original configuration and "tighten themselves".
0 March 4, 1992 was Substantial Completion of the
Project.
Current Actions
0 Fall, 1992 rusting of the rivet/seam areas on the
underside of the bowl was noticed. Change Order #2 to
Dees Contracting was approved by City commission on
January 12, 1993 for blasting, caulking and repainting
of this area. It was assumed that the rust was caused
by accumulation of moisture under the rivet heads in
this area.
0 January 21, 1993 the tank was drained so that Dees
could complete work under Change Order #2.
0 January 22, 1993 Dees mobilized the Project to
accomplish work under bowl. Painting subcontractor,
Bill Chambers, observed rust on the inside of the Tank.
After discussion with Ralph Hayden and James Dees
regarding that observation that the actual cause of the
rusting under the tank was from "weeping" from the
inside of tank and there was concern that there may be
rivet failure.
- 4 -
.
.
o January 22, 1993 Ralph Hayden, Bill Greenwood and
myself met with the city Manager to discuss situation
and to get further direction. city Manager directed us
to get an independent inspector to conduct a warranty
inspection on the tank.
o January 25, 1993 TEAM Consultants inspector, Dan
Coleman conducted a warranty inspection on the tank and
reviewed the Contract documents.
o January 26, 1993 S. G. pinney sent an inspector, Gary
Pettries, down to conduct their own warranty
inspection. Jed Dees was present and assisted the two
inspectors.
o January 27, 1993 Dan Coleman submitted his preliminary
report. Jed Dees reviewed work to be done and priced.
Gary pettries verbally confirmed Dan's report and said
he would follow-up with written report w/pictures on
1/28 after review with his supervisor, Ray
Stone......Later, initial discussion of scope, pricing
and responsibility took place with Ralph Hayden, Bill
Greenwood, Howard Wight, Jed Dees and Dan Coleman
present....Rigging has not yet been provided for
inspection of the underside of the bowl so no scope of
work could be clearly defined or priced for this area.
o January 28, 1993 Call to Ed Copeland about
Specification change to eliminate seam sealer from
inside of tank. Based on submittal he knew of change
to Sherwin-Williams coating system He never directed
the Contractor to eliminate seam sealer.
o January 28, 1993 Further discussed with Bill Greenwood,
Ralph Hayden and Dan Coleman the responsibility,
pricing and scope of work. Telephoned Jim Pandoff
(TEAM) to further clarify scope of work requirements
and unit price comparisons for items such as the
connector rods.
o January 28, 1993 Bill Greenwood, Ralph Hayden, Dan
Coleman and I met with Jed Dees to negotiate scope and
prices which are outlined in attached "Schedule of
prices". All scope of work in concept was agreed upon.
Pricing was agreed upon except for remedial work
required on interior items as necessary due to the lack
of seam sealer and the responsibility for that apparent
Specification change.
o January 28, 1993 Dees was directed to proceed with
blasting of the inside of tank so as not to delay the
eventual refilling of the tank and consequently further
delay the issuance of the Notice to Proceed for the
South Tank Renovations. Dan Coleman was told to write
the actual Specification for the remedial work required
- 5 -
'. II
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based on the scope that had been discussed and priced.
The actual Change Order would be placed on the February
9, 1993 for Commission approval and direction.
o January 28, 1993 John Waldorf with S G Pinney called to
say that "as a courtesy" he would provide Gary pettries
to inspect the work starting 1/29/93.
o February 1, 1993 Gary pettries and John Waldorf came by
the office to discuss tank. S. G Pinney took samples
of material on seam to determine what the 30-60 mils of
material was at the seam. John Waldorf to follow-up
with Howie Greene and Keith Bell (s.G. Pinney inspector
for original Contract) about "what happened and what
was used". John admits partial responsibility and
"willing to work with City to get job done". John
proposed only billing 75% of rate for inspection.
Ralph advised that final dividing of responsibility
will be determined after all information is in. I told
John that' we still had not seen their written
inspection report promised to us on 1/28/93.
o February 1, 1992 preliminary Specification for remedial
work received from TEAM.
o February 4, 1993 received response and written proposal
(via fax) from Dee's Contracting for remedial work and
partial invoice for work done to date of $10,500.00 and
wanting to be paid on February 5, 1993.
o February 5, 1993 faxed Dee's memo to Ed Copeland (who
is no longer with PBS&J) for his review.
o February 5, 1993 Bill Chambers, Dee's painting
subcontractor working on tank comes in and wants check.
He is told there is no check and that the Change Order
is on 2/9/93 Commission agenda. Chambers states that
if he does not get a check he is leaving the job.
o February 5, 1993 S. G. Pinney written report still not
received.
File: 90-010
Memos to City Manager
- 6 -
.
OPTIONS
Option 1: Authorize the contractor to proceed. Pay the contractor
the full amount they request in their February 2, 1993
letter to keep the tank repairs and recoating efforts
moving towards completion.
option 2: Not pay the contractor and turn this matter over to the
City Attorney's Office to seek legal remedy from the
contractors bonding company. Seek a legal settlement to
establish accountability from the contractor and/or
engineer/inspector.
option 3: Authorize the contractor to proceed. Pay the contractor
an amount the city feels is appropriate to keep the
project moving towards completion. Seek reimbursement
from the bonding company, contractor and/or
engineer/inspectors upon completion.
Option 4: Authorize the contractor to proceed. Accept the
negotiated settlement from Dees Construction which is
reflected in Schedule B. This is a 30% reduction for
work on the interior of the tank based on Dees's February
2, 1993 letter and further stipulates that Dees
Construction would not be brought up in any law suits.
Seek reimbursement from the engineer/inspector.
Option 5: Allow the contractor to proceed on warrenty work and
proceed with the work on the interior of the tank. These
items include the following: Tank exterior items #
2,3,5,6, and all interior work. Total cost = $33,276.
Bid out under seperate contract the balance of the
required repairs. Est cost = $56,276.
CONSIDERATIONS
1. The contractor has performed some blasting inside the tank and
if he leaves the job site without coating, further deterioration of
the tank is possible while a legal remedy is obtained.
2. The city awarded the contract to rehabilitate the 2.0 MG
ground storage tank and has 60 days to issue a notice to proceed.
The city's water storage capacity would be severely limited with
both tanks out of service.
3. with the elevated tank out of service city water pressure is
maintained by high service pumps and the potential for
overpressurizing and water main breaks due to water hammer is
increased.
4. If option 5 is selected we would introduce another party into
the tank repairs project and possibly jepordize the contractor's
warranty or accountability for his work.
. "
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RECOMMENDATIONS
Based on the considerations listed above, it is staff's
recommendations that option 4 be approved. The city needs the
elevated storage tank in service as soon as possible. Staff feels
that it is the contractors responsibility to meet the requirements
of the contract documents. An outside inspection firm observed the
work and certified that the work was performed in substantial
compliance with the contract documents. certain items are warranty
work and Dees acknowledges that those items are their
responsibility. Dees Contracting contends that they performed the
work as directed by the engineer/inspectors.
Certain items such as correcting the ladders would constitute
"value receive" to the City and should be accomplished at this
time. These are not Warranty items and were not in the original
contract scope of work.
We still have not determined if anyone deleted the interior seam
sealer from the original contract. Everyone interviewed has stated
the seam sealer was not deleted except Dees Contracting.
,.
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January 28, 1993
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City of Delray Beach
Environmental Services Department
434 S. Swinton Avenue
Delray Beach, FL. 33444
Attn: Mr. Bill Greenwood
RE: Preliminary Inspection Report
500,000 Gallon Elevated Tank
Delray Beach, FL.
Gentlemen:
Per your request, Dan Coleman of Tank Engineering And Management
Consultants, Inc., performed a structural and warranty coating
inspection on the above referenced tank on January 25-27, 1993.
The following are the findings of the inspection and
recommendations for repairs.
FINDINGS
coatinq:
Tower
The coating on the tower is in overall good condition. There are
sporadic areas on struts and sway rods needing touch-up. Some of
these areas are due to light coating on the edges of channels or
delamination of the aluminum undercoats of the original coating
system. The sway rod end connections are beginning to bleed rust
at hard to paint areas. The coating is also cracked at the pin
connections due to movement of the sway rods. The painter's rods
under the tank bowl are rusting rather severely.
Tower Ladder
The tower ladder and ladder cage have many areas of coating
failure that need touch-up.
Riser
The riser exterior is in overall good condition except at the
manway and at stay rod connecti0ns underneath the bowl.
Tank Exterior
The tank bowl section has extensive coating failure. Many of the
rivets are rusting as is the bowl saucer plate. This area could
not be inspected at this time due to high winds and lack of
8180 Woodland Center Blvd, · Tampa, Florida 33614 · (813) 889-7800. Fax (813) 889-7607
---". . -.- -
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· City of Delray Beach January 1993
500.000 Gallon Elevated Water Tank Paae No.2
rigging to determine the exact cause of failure. The tank shell
is in overall good condition although there are sporadic areas
needing touch-up where the aluminum undercoats are delaminating.
The tank roof has some areas along seams, etc. requiring minor
touch-up.
The roof hatch has coating failure as does the tank shell
ladders.
The balcony has minor coating failure and delamination mainly at
floor plate connections which need touch-up.
Tank Interior
The tank interior is in poor condition. The roof seams and
rivets have coating failure as does the structural system. Some
areas of roof plate are also brpaking down.
All the rivet seams in the tank have failure due to "mud
cracking" of the coating. This "mud cracking" of the coating at
the seams is approximately 12" wide. Dry film thickness readings
at the seams range from 30 to 40 mils. All other shell surfaces
checked ranged from 14.5 to 20 mils dry film thickness. The
rivet seams and rivets in the immersion surfaces were not seam
sealed as per specifications.
Prior to my arrival at the tank, the rivet seams in the bowl were
abrasive blasted. The coating adjacent to the blasted seams in
some areas was easily removed with a knife and the original
grease/wax was found under the coating. It could not be
determined how many areas have been painted over the grease/wax
but it seems to be limited to the bowl area of the tank.
The interior ladders have many rusting areas and holidays. There
is evidence of some coating at the bolted connections of the
overflow pipe.
All the erection clips in the tank have "mud cracking" around
them with 30 to 40 mils of coating evident.
All the surfaces of the tank at the interior ladders have rough
surfaces due to overspray and sand in the coating. All areas of
the tank were not closely checked for surface roughness.
Interior Riser
The riser interior coating is "mud cracking" throughout behind
the ladder. Dry film thickness readings taken in the "mud
cracked" areas ranged from 30 to 60 mils dry film thickness. The
riser ladder has many holidays. The riser coating has many areas
of sand and overspray in the coating.
.
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. city of Delray Beach January 1993
500.000 Gallon Elevated Water Tank Paqe No.3
STRUCTURAL
The overall structural condition of the tank is good except for
the following:
Tank Ladder
The tank shell ladder is two sections. The upper section is
offset from the lower section by approximately two feet which
causes climbing difficulty. The upper section does not have a
safety climb cable.
Level Indicator
The cables on the level indicator were not changed as per
original specification. The pulleys on the target cable do not
work properly. The float was stuck in the top of the tank when I
inspected the system. -
sway Rods
Most of the sway rods on this tank are sagging and need
tightening. Movement of most rods at the cross area have rubbed
away approximately 6" to 8" of paint on the rods at this
intersection.
RECOMMENDATIONS
coating
Tank Exterior
1- Caulk all sway end connections to prevent rust bleeding and
corrosion. Use Sika-Flex 1A.
2. Touch-up all sporadic areas of coating failure on tower.
Power tool clean and recoat with exterior system.
3. Blast and coat rusting painters rods under tank bowl.
4. Blast and coat tank bowl - entire lower shell section.
Caulk around severely corroded rivets after prime coat. This
is the recommendation if close visual inspection does not
reveal any structural problems.
5. Power tool clean and touch-up areas of breakdown on balcony,
handrails, and tank shell.
6. Power too 1 clean and touch-up tower ladder and cage. NOTE:
All power tool cleaning should be SSPC-SP3. Blasting on
exterior should be SSPC-SP6.
'. "
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. City of Delray Beach January 1993
500,000 Gallon Elevated Water Tank Page No.4
Tank Interior
1. Blast and recoat all rivet seams in tank including all
erection clips and roof structural where rusting. All rivet
seams should be blast a minimum of 12" wide.
2. Blast entire lower bowl section. Where old grease wax coating
is found - solvent clean away all grease and reblast.
3. Brush-blast entire tank interior surfaces and recoat where not
blasted to SSPC-SP10. I
4. Completely reblast and recoat riser interior.
5. Blast and seam seal all rivets and rivet seams in immersion
surfaces.
6. Caulk all lap seams and structural in roof area above the high
water line. Use Sika-Flex 1A caulk.
7. Blast and recoat all tank and riser ladders. NOTE: All
interior blasting should be SSPC-SP10 except at brush off
blast areas. Apply full three (3) coat system to SSPC-SP10
blasted areas. One full coat to brush-off blast areas.
structural
1. Replace level indicator cables and pulleys and insure proper
operation.
2. Relocate lower ladder section under upper section on tank
shell. Connect stringers and insure equal distance between
rungs. Remove trucks from upper ladder section.
3. Tighten sway rods. Most sway rods need tightening.
CONCLUSION
The tank interior is in poor condition and needs extensive rework
as recommended. The tank and tower are in overall good condition
except for sporadic coating failure needing touch-up and
recoating of bowl exterior and painter I s rods under bowl. The
structural repairs recommended especially tightening of the sway
rods is necessary to return the tank to good structural
condition.
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. city of Delray Beach January 1993
.
500.000 Gallon Elevated Water Tank Page No.5
We recommend a Quality Assurance Program be implemented during
rework of this tank.
We appreciate the opportunity (".f performing this inspection for
you and should you have any questions, please give us a call.
Sincerely,
Tank Engineering And Management Consultants, Inc.
!d( ~:an r::. ~~~
Engineer
DEC/kw
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SPECIPICATIONB FOR DELRAT BEACH
500,000 Gallon Renovation
This specification should be worked in conjunction with tho Projeot
Manual For Elevated Water storage Tank Rehabilitation, Delray Beach
Florida city bid No. 91-23 prepared by Post, Buckley, Schuh &
Jernigan, Inc. dated December 1990. These specifications and
drawings shall take precedence over the PBS&J speci! ications, any
items not specifically mentioned herein will be 8S specified in the
above referenced spacitioatlons.
SCOPE Ol:..~onJ(
1. Recoat interior as speciriad herein.
2. Recoat exterior as specified herein.
3. Remove existing interior tank ladders and replape with new.
4. Relocate lower outside tank Sh611 ladder whi,bh top section
and install cable type safety climb device sqme as installed
on tower ladder.
5. Replace all level indicator cables and clamps with new
stainless steel cables and clamps. Install new stainless
steel pulleys for target ca~le.
6. Tighten all sagging sway rods.
PAINTING
A. Surface Preparation Exterior
1. All minor areas on the tank and tower which require touch-up
power tool cleaned (SSPC-SP3) where accessible. All other
areas inaccessible for power tool cleaning shall be hand tool
cleaned (SSPC-SPC)
2. _ rl'he exterior tank bowl and painters rods under bowl where
rusting shall be commercial blast cleaned (SSPC-SP6) prior to
coat1nq.
Interior
1. The entire riser, all al"eaS in the tank where rustinq and
having coating failure inclu ng but not limiting to all rivet
seams, rivets, erection cll s, roof structural and roof hatch
shall be oleaned to Near W ite Metal Cleaning (SSPC-SP10).
The entire lawer bowl seiJtion shall be cleaned Commercial
Blast Cleaning (SSPC-SP6),' then all grease/w1x found shall be
comple1:ely removed, then 'this area shall be cleaned per Near
~lliite Blast Cleaning (SSPC-~P10). .
I
Pa,. 1
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..
. - . '
. . . ..
specifications for Delray Beach
500,000 Gallon Renovation
2. All interior tank areas not blast cleaned and reooated as
stated above shall be arush Off 51aat Cleaned to (SSPC-SP7)
and topcoated. All applicable surface preparation
speoifications shall be followed during recaating except as
where takan precedence by these specifications.
B. coating Exterior
1. All areas power hand tool cleaned or abrasive blast cleaned-
shall be touched-up using the Sherwin-williams exterior system
as specified in Change Order # 1 ot the contract
specification.
2. Caulk all sway rod end conneotions wi.th a clear brush
quality elastoneric caulking such as manufaotured by the sika
Corporation or equal.
Interior
1. All areas cleaned per SSPC-SPIO shall be reooated with the
three coat Sherwin-Williams interior system as previously used
except all rivets and rivet seams in immersion surfaces shall
be Beam sealed using TNEMEC 63-1500 Filler and Surfaoer and
top coated with the three coat system.
2. All areas in the tank shall receive a full top coat.
3. All rivet seams, structural seams and roof cap plate seams
above the high water line shall be caulked using Sika-Flex lA.
Where wide gaps between the roof and structural and at the cap
plate are found, backing rod may be used before oaulking.
Caulk all sharp edges on the structural members in the 1'oof.
4. All original applicable painting specifications shall be
followed except as where taken pl.~ecedence by these
specifications.
structural
1. Tighten all sagging sway rods. All sway rods shall be
systematically tightened and "tuned" to assure equal tension
in sway rods in each panel.
2. All sagging rods unable to be tightened after considerable
effort including heating, etc. shall have the turnbuokle
replaced and then tightened. NO'l'E: All coating damaged by
tightened rods shall be touched-up
J. Replace both level indicator pulleys with stainless steel
pulleys and replace the existing cables with new stainless
steel oables and clamps.
Pa,. 1
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02/01/1993 - 11:31' ::113-::'::::'3-71:.01 I AlJi. I:.tjl.:iHlI:.I:.R 1I1'j F'A(.:l1:. U4
, .- ., "
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Specifications for Delray Beach
500,000 Gallon Renovation
4. Relocate the existing tank lower ladder section directly
underneath the upper section. Insure uniform spacing of rungs
and connect ladder" stringers. Remove trucks {l'om upper
ladder. Install new cable type safety climb device same as
installed on tower ladder.
5. Remove existing int.erior tank ladder and replace with new
ladder. The new ladder (;1& a 11 be in three (3) sections. The
sElction shall be a section from the hatch to the shell, a
section on the straight shell and a section from the straight
shell to the bottom of the bowl. Tile ladders shall have
2-1/2" X 3/8" flat bar stringers, 3/4" di.ameter rungs, rung
spacing of 1211, ladders shall be 16" wide. All rungs shall be
plug welded through holes in stringers and also seal welded.
'l'he ladder st:and-offs shall be 6" x 3/8" flat bar with a
minimum ladder stand-off of 8" from any ahell surfaoe. All
ladders shall be seal welded. If the optional single pieoe
ladder is used, the siderails shall be 3ltx 3"x 3/8" angle and
shall meet all OSHA requirements.
PI" 3
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P. O. Box 554 - Savannah, GA 314Q~, ,': \ \ i F" \\
(912) 233-3282 1\ t: ',_, :~-=.I ~- t: v
February 2, 1993
Bill Greenwood
City of Delray Beach
Delray Beach, FL
In review of all documents, I have come to the conclusion of how
the misunderstanding and change in the specifications of De1ray
Beach job have come about.
The exterior of the tank was to be sandblasted and painted
complete using the TNEMEC System. At the time when the job was
bid, there was no provision for removal of lead-based paint, only
disposal. Mr. Mark Gabriel asked me to come up with a price for
the lead-based paint removal, which I did, but it was much higher
than the City could afford. Then Mr. Gabriel asked me to come up
with a system that would get the job done within the amount of
money the City had, and leave the good lead-based paint on the ex-
terior. Mr. Gabriel felt the lead paint to be better than today's
paints and that fully adhered areas could be left. I went to
Sherwin Williams Co. and told them of the situation and they wrote
a set of specifications for the outside of the tank. Since we
would be using Sherwin Williams for the exterior, they also wrote
r__ the set of specs for the inside of the tank. The seam sealer was
~ left out of the inside of the tank, because the Sherwin Williams
spec was an 18-24 mil system - twice as much as the TNEMEC system.
Howie Greene and someone from Post, Buckley, Schuh and Jernigan
received the specs, which were approved, and we were directed to
proceed. The original TNEMEC system on the interior was a primer,
a TNEMEC seam sealer, then the intermediate and the topcoat. The
change order was written, spelling out exterior changes and the
system was changed to Sherwin Williams at that time. More empha-
sis was put on the exterior system than the interior, since that
is where the problem was. The price didn't change because the
TNEMEC paint system was only 10 mils total and the Sherwin
Williams system cost more, being 18-24 mils. That is the reason
there was no change in money, and the reason the seam sealer was
taken out.
After reviewing all of S.G. Pinney's reports and my
Superintendent's reports, I find that Keith Bell, the inspector
for S.G. Pinney, was on the job everyday, and inspected every as-
pect of the job, from the blast, to the wash, to the cleaning, to
everything. He initialed the Superintendent's daily log indicat-
ing that he approved everything that was going on. The seam
sealer was never mentioned at any of those times. However, at an
. ..
.
onsite inspection, Howie Greene came and asked what we were going
to do about stripe coating the seams. There was some discussion
of what to do about the stripe coating. At that time, it was de-
termined by Howie Greene that we should stripe coat the seams with
another coat of Sherwin Williams material. That brings the milage
up to 24 plus a stripe coat of 4-6 mils, which would be 26-30
mils, which is acceptable for this paint system. This was done as
directed by Howie Greene and Keith Bell who inspected the whole
tank. I now understand that our Subcontractor was required by the
Inspector to apply multiple stripe coats. Keith was apparently
trying to get a total of 20 mils in the stripe coat since the
original spec had called for that in the seam sealer. This extra
thickness of epoxy on the seams is the direct cause of the fail-
ures in these areas.
If there would have been a problem with seam sealers not be-
ing applied, then it would have come up at any of the progress
meetings, or been mentioned in S.G. Pinney's reports. In none of
the letters was it ever written that we did not adhere to the
specifications. After the job was over, a letter was written by
Howie Greene representing S.G. Pinney that the specifications were
adhered to completely according to the contract. The whole time we
did not intend to apply seam sealer, but we were required to apply
multiple stripe coats. We were also required to do the pit re-
pair. Sherwin Williams never submitted a seam sealer, they were
not asked to, so at this time, I don't see where Sherwin Williams
had any responsibility for any type of failure on this project.
Where it stands at now, I presently have people working the
inside of the bowl following the recommendations of the TEAM con-
sultants, Dan Coleman and inspector Gary Petrie from S.G. Pinney.
At this time Dees Contracting requests a set of specs, signed and
approved by Mr. Greenwood, as to what to do to remedy these prob-
lems. Now, on Saturday, I had a conversation with Mr. Greenwood,
that we were not to put the primer on first then the seam sealer
and then the intermediate and topcoat, but we were supposed to
blast it, seam seal it first , then prime it and put the interme-
diate and topcoat. That is entirely different from the specifica-
tions that were originally on the inside of the tank. I think the
whole problem is that we have a double standard with which to
work. The City wanted me to work with the original specs but then
also adhere to the change order.
Dees Contracting Co., Inc. accepts 100% liability for our
Subcontractor's problems inside the tank and will repair them as
specified by Bill Greenwood. The seam sealer was not put in be-
cause Sherwin Williams never submitted the seam sealer. Howie
Greene agreed that additional milage on the tank would not warrant
having to put seam sealer on it but he did make us go back and
stripe coat which put more milage on it. We are now at the situa-
tion in negotiations and Mr. Greenwood asked me to recount the
events up to now. In summary, Dees Contracting Co., Inc. accepts
no responsibility for the seam sealer not being included in the
change or used - it was approved by the inspector and by S.G.
Pinney's people.
" ..
.
Now to the problem of the negotiations. The items as of Fri-
day which everyone agreed on are:
TANK EXTERIOR:
1.) Caulking sway rods
160 @ $48.00 = $7,680.00
2. ) Touch up sporadic areas
$2,400.00
3. ) Blast & coat painter's rods below bowl
No Charge
4 . ) Blast and coat rusted areas lower bowl section, caulk
around severely corroded rivets, after priming. The City
agreed to Dees quote.
$3,600.00
5. ) Power tool clean and touch up breakdowns on balcony,
handrails, and tank shell
Included in 2.
6. ) Power tool clean and touch up lower ladder and cage
Included in 2.
TANK INTERIOR:
1.) Blast and recoat all rivets and seams in the tank in-
cluding all erection clips, etc. Dees quoted $19,480.00,
which was not agreed upon by the City of Delray.
No Agreement to Date
2. ) Blast entire lower bowl section where old grease wax
coating is found. Dees will solvent clean grease and
re-blast at no charge.
No Charge
3 . ) Brush blast entire bowl and interior surface and recoat
where not blasted. I said $0.23/sq.ft. or $4,500.00 and the
City didn't accept that.
No Agreement to Date
4 . ) Completely blast and recoat the riser interior. Dees
will take care of at no cost.
No Charge
5) . Seam seal all rivets to the high water mark. Dees quoted
a price of $7,770.00 that was not agreed on by the City.
No Agreement to Date
6. ) Caulk lap seams in structural roof area above the high
water mark using Secof1ex as agreed to by the City.
$5,200.00
7 . ) Replace the ladders interior of the bowl, agreed to by
the City.
$3,500.00
. "
.
, . .
STRUCTURAL:
1.) Replace level indicator pulleys and insure proper op-
eration, the price was not decided on at that time, but Dees
is issuing a price of $1,296.00.
$1,296.00
2 . ) Relocate lower ladder sections under upper section of
the tank, $1,700.00 approved by the City. Add a safety climb
to this same area on the exterior of the tank was $2,000.00
was approved by the City.
$3,700.00
3. ) Tightening sway rods at $500.00 ea. and replacing turn-
buckles on the sway rods at $lOOO.OO/unit price agreed by
City.
Quantity to be Determined
That brings us to the three items that were never agreed on
pricewise:
a. ) Blast and recoat all rivets on tank including erection
clips and roof support structures where rusting
...$19,480.00,
b. ) Brush blast entire tank and recoat with one coat of
paint .. .$4,500.00, and
c. ) Seam seal all rivets to high water mark ...$7,770.00.
At this time in the negotiations, the total not yet in agree-
ment comes to $31,750.00. Dees Contracting does not accept
responsibility for these problems, but would absorb 30% of it
in an effort to reach an amicable solution. That brings the
total down to $22,225.00. The grand total of the change or-
der should be $48,305.00, plus unit prices of $500.00/unit
for tightening sway rods and unit price to replace turnbuck-
les on sway rods of $1000.00/unit.
Dees Contracting at this time requests a change order from
Delray Beach for the amount of money described above. In the ne-
gotiations it was agreed upon by Bill Greenwood that Dees Con-
tracting would not be brought up in any law suits concerning this
project. It was also agreed upon by Bill Greenwood that Dees Con-
tracting would receive a check every Friday in the amount of 90%
of work done to date and Dees was promised to receive monies owed
from the original contract. There is a minor discrepancy concern-
ing the amount of money still owed on the original contract, but
that will be resolved between Howard Wight and James Dees. As of
today, we have an agreement and this is the stand that Dees Con-
tracting is taking - that the seam sealant was taken out and was
approved by everybody. There was no correspondence or anything
leading to problems with the seam sealer, it was never mentioned
after the original specs were changed and we are not liable for
seam sealer.
~ "
.
. ,. .
We expect the change order to be filled out in these amounts
by at least Wednesday and Federal Expressed to Dees Contracting
and we will sign it, or I will take a verbal agreement from Bill
Greenwood that this is going to be done as soon as possible. As
of now, we are in the interior of the bowl blasting and painting
per recommendation of team management and inspection by
S.G.Pinney. However, a problem came up Saturday about whether to
seam seal before or after the prime. Friday I was told to seam
seal after the pr ime, now they're talking about seam seal before
the prime. The original specs said to seam seal after the prime.
So now there's a change in the scope of work with Dees Contracting
at this moment will not ask for additional funds if everything
goes through as described. This is why we need a signed scope of
work for the repairs by Mr. Greenwood.
Please let me know as soon as possible, so that we can this
situation straight. If there is no response by Wednesday, at 5:00
pm, Dees Contracting will have no other choice but to stop the job
until something is done.
. "
.
w
, .. .
SIGMA CONTRACTING
-.... -. .. ....- --.
. . . ......- ---
748 Planet Drive. De&tin FL 32541 . 904.837-6193
January 30, 1993
James E. Dees
Dees Contracting Co., Inc.
2001 Mills B. Lane
Savannah, Ga 31405
Re: Elevated Water Tank at Delray Beach
Dear James,
In response to your inquiry regarding the paint usage and
possible failures on the interior of the tank, we want to empha-
size that we are not responsible for any failures at the lapped
joints. We were required by Keith, inspector from S.G.Penny, to
stripe the seams with multiple extra coats of epoxy. We would un-
derstand the application of a stripe coat, but multiple coats to
20 or more mils could well be the cause of the failure you de-
scribed. Certainly it accounts for the additional paint usage and
cost on the interior.
As you may recall, we did not quote on the TNEMEC system. We
were only asked to quote after the change to Sherwin Williams. If
you have any further questions, please feel free to contact me at
904-837-6193.
Yours truly,
f
~
Steve Anestos
President
I
\
, "
," "'"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {flJ']
SUBJECT: AGENDA ITEM # q. G. - MEETI NG OF FEBRUARY 2 3. 1 993
CHANGE ORDER NO. 2/FALKAV. INC.
DATE: February 19, 1993
This item is before you to consider a change order in the net amount
of $32,102.63 to the contract with Falkav, Inc. for miscellaneous
site, building, tennis court and tournament facilities revisions for
the Tennis Center/Stadium project.
A detailed summary of all the modifications to the project, done by
change order, is attached as backup material for this project.
Also, the Commission is asked to allocate additional funding from the
CRA reimbursement to cover these additional costs.
Recommend approval of Change Order No.2 in the amount of $32,102.63
with funding from General Construction Fund - Tennis Center/Stadium
(Account No. 334-4145-572-63.41) and allocate additional funding from
the CRA reimbursement.
;, I'
.
.
.
Agenda Item No.:
AGENDA REOUEST
Date: February 15, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: February 23, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #2 to Falkav, Inc. on the Delray Beach Tennis
Center (92-39). Change Order No. 2 is for miscellaneous changes for the
Project. The Changes to the Contract include site and building revisions,
tennis court revisions and tournament facilities additions. All changes are
itemized per schedule "A" attached to Change Order #2 (Exhibit A). Change Order
#2 is for a net add amount of $ 32,102.63. Funding Source is
334-4145-572-63.41.
Also provided is a "Cumulative Change Order Summary" which summarizes all items
added by Change Order to date and the origin of initiation (Exhibit B).
ORDINANCE/RESOLUTION REQUIRED: YES /(!3Y DRAFT ATTACHEGNO
Recommendation: Staff Recommends approval of Change Order #2. IV
D7partment Hea~~ -- ~ ~d1 7/rt6/q 3
S1.gnature: ~-
City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all,items involving expenditur~of funds):
Funding available: YES@ f\L.i...OvNT" a"'\..ANGC:.. < -$ '2-}c.O~ ,0 IS
Funding alternatives (if applicable)
Account No. & Description
Account Balance ~
' I\p,.,.....,vc::. ~~,-'-:(:')NI"-L- r-\J~ Fn.o~ U2.f\ Wz......-~\Jn..<:.'Li"n'2.l"T -z..) I~ '')3.
C1.ty Manager Rev1.ew: -," ", ,.
Approved for agenda: €~S/NO /~' ('U..4:,~A--1 0-1 ~~\ '-"'\ c...7V:J --iX=\\ /~~
Hold Until: - - "- \L.-;t- ; (
/~~.. }-cr
I '
Agenda Coordinator Review:
Received: ~\Q.O~ct VoacWpOL~ .
Placed on Agenda:
Action: cof
Approved/Disapproved
'. "
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 PROJECT NO. 92-39 DATE:
PROJECT TITLE: Delray Beach Tennis Center
TO CONTRACTOR: Falkav, 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 miscellaneous changes to Project per attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $2,496,963.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 47,697.70
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,544,660.70
COST OF CONSTRUCTION CHANGES THIS ORDER $ 32,102.63
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,576,763.33
PER CENT INCREASE THIS CHANGE ORDER 1.3 %
- -
TOTAL PER CENT INCREASE TO DATE 3.2 %
-
NO EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ORDER
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable.
, Marsh and Assoc for Falkav, Inc.
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-4145-572-63.41
FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: q:;b-rLA- 2./ ,.zle;, ~ By:
Ralph E Hayden, Thomas E. Lynch, Mayor
City Engineer
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
'. "
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
~
FROM: CITY MANAGERtiJL}
SUBJECT: AGENDA ITEM # q~. - MEETING OF FEBRUARY 23. 1993
CHANGE ORDER NO. l/AGB CAPITAL CONSTRUCTION
DATE: February 19, 1993
This item is before you to approve a change order in the amount of
$19,582 to the contract with AGB Capital Construction for
miscellaneous site and building revisions for the Currie Commons and
Miller Park projects.
Changes to the project at Miller Park include:
-Installation of electrical conduits to future water coolers at
the two dug-outs.
-Removal of eight (8) existing trees along south property line.
-Paving changes required in north entrance due to existing
utility pole.
-Substitution of extruding curb with in-ground 6" x 12" standing
curb.
-Grading, sprigging and fumigation of 8,000 square foot area
between the existing and new parks.
-Regrade of south end of roadway due to elevation changes.
-Installation of additional trees and sod at south boundary.
Changes to the project at Currie Commons include:
-Deleting curbing in S.E. 7th Avenue right-of-way.
-Substitution of extruding curb with in-ground 6" x 12" standing
curb.
Recommend approval of Change Order No. 1 to the contract with AGB
Capital Contruction, in the amount of $19,582 with funding from Decade
of Excellence Bond Issue - Miller Park (Account No.
225-4166-572-61.62) and Currie Commons (Account No.
225-4146-572-61.64).
'. II
.
Agenda Item No.:
AGENDA REOUEST
Date: February 15, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: February 23, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #1 to AGB Capital Construction for Miller
Park/Currie Commons Park (91-47). Change Order No. 1 is for miscellaneous site
and building changes for the Project. All changes are itemized per schedule "A"
attached to Change Order #1 (Exhibit A). Change Order #1 is for a net add
amount of $ 19,582.00. Funding Source is:
. Miller 225-~"6-572-61.62
Currie 225- 146-572-61.64
Also provided is a "Cumulative Change Order Summary" which summarizes all items
added by Change Order to date and the origin of initiation (Exhibit B).
ORDINANCE/RESOLUTION REQUIRED: YEe DRAFT ATTACHE~/NO
Recommendation: Staff Recommends approval of Change Order #1.
Department Hea~ /f~
Signature: ~~~zt;J Yt~~'"3
City Attorney Review/Recommendation (if applicable)
funds) :
(if applicable)
City Manager Review: &/NO [rJlL-/
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
. "
.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 91-47 DATE:
PROJECT TITLE: Miller Park/Currie Commons Park
TO CONTRACTOR: AGB Capital Construction
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 miscellaneous changes to Project per attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 915,566.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 915,566.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 19,582.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 935,148.00
PER CENT INCREASE THIS CHANGE ORDER 2.1 %
- -
TOTAL PER CENT INCREASE TO DATE 2.1 %
- -
NO EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE ORDER
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable.
for AGB Capital Construction
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department
FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: ~L ;VnJ~~ By:
Ralph E Hayden, Thomas E. Lynch, Mayor
City Engineer
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
'. "
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8f-~
SUBJECT: AGENDA ITEM # ~.JC. - MEETING OF FEBRUARY 23. 1993
CONSIDERATION OF APPOINTEES TO THE PARKING MANAGEMENT TEAM
DATE: February 19, 1993
We have received a request from the Community Redevelopment Agency
asking that the Commission nominate members to serve on the Parking
Management Team (PMT). The PMT is to consist of a total of nine
members, with the CRA providing logistic and clerical support.
Representives shall be nominated through the CRA, to the City
Commission which shall make the actual appointments.
It is the CRA's intent to have the team appointments made at the City
Commission's first regular meeting in March 1993. In order to
accomplish this, the CRA is requesting that the Commission identify
and nominate individuals to serve on the team. The nominating
information provided to the CRA should include which category the
nominee is representing.
Recommend nominations be made to the Parking Management Team and
forwarded to the Community Redevelopment Agency as requested.
- ~
CD Community
Redevelopment
-a Agency
Delray Beach
February 16, 1993 RECEIVED
FE8 1 &' \993
Mr, David Harden, City Manager CITY MANAGfR'S Of t IvL
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
We are currently in the process of organizing the Parking Management Team (PMT), By Resolution No.
121-92, the City Commission created the PMT for the purpose of implementing the Master Parking Plan.
The PMT is to consist of a total of nine members with the Community Redevelopment Agency providing
logistic and clerical support. Representatives shall be nominated, through the CRA, to the City
Commission which shall make the actual appointments. Membership of the team is to be comprised of
a representative from each of the following:
(1) The CRA Board;
(2) The DDA Board;
(3) The P & Z Board;
(4) The City Commission;
(5) The Chamber of Commerce;
(6) A business operator or land owner representing the original Downtown Development
Authority Area;
(7) A business operator or land owner representing the expanded Central Business District
Area;
(8) A business operator or land owner representing the commercial Beach Area; and,
(9) A business operator or land owner representing the West Atlantic Avenue area, east of
Interstate 95,
We are attempting to have the team appointments made by the City Commission at its first regular
meeting in March. In order to accomplish this, the CRA must review the nominations at its February 25,
1993 regular meeting. Please help us to meet this schedule by nominating a member of your organization
or any other individual to serve on the team and forward that nomination to the CRA by February 22,
1993, Please indicate which category your nominee is representing.
you for your cooperation. If you have any questions please feel free to contact Ron Hoggard or
at 76-8640.
Christopher J. Brown
Executive Director
207 E. Atlantic Avenue, Defray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
'~ ..
.
MEMORANDUM
.
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t)Jtl
SUBJECT: AGENDA ITEM fi: q. J"'. - MEETING OF FEBRUARY 23. 1993
CHANGE ORDER NO. 12/ELKINS CONSTRUCTORS. INC.
DATE: February 19, 1993
This is a change order to the contract with Elkins Constructors, Inc.
in the amount of $50,997.38 and which extends the contract completion
date by 80 days for miscellaneous revisions to the Water Treatment
Plant Lime Softening Conversion Project.
Changes to the contract include:
-Excavation and removal of old concrete foundation on site.
-Excavation of Florida Power and Light conduits.
-Sludge removal quantities increased.
-Paint for stucco.
-Delete wallpaper in Control Room.
-Chlorine Building - Double Door modification.
-Filter washwater recovery sludge pump.
-Lime slurry and irrigation piping modifications.
-Spare check valve for filter backwash recovery basin sludge
pump.
The net sum of these modifications is $20,997.38.
Also included is a bonus payment to the contractor in the amount of
$30,000, as recommended by the Director of Environmental Services. The
bonus is recommended as the contractor met the target date of December
24, 1992 for having the lime softening project on-line.
Recommend approval of Change Order No. 12 to the contract with Elkins
Constructors, Inc. in the amount of $50,997.38 and which extends the
contract completion date by 80 days for the Water Treatment Plant Lime
Softening Conversion projectj with funding from 1991 Revenue Bond -
Buildings (Account No. 447-5164-536-60.31), concurrent with the
transfer of funds from (Account No. 447-5164-536-31.30) in the amount
of $54,677.
.
.
Agenda Item No.:
AGENDA REQUEST
Date: February 19, 1993
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: February 23, 1993
Description of item (who, what, where, how much) : Staff requests City Commission to
approve Change Order No. 12 to Elkins Constructors. Inc. pertaininQ to Water Treatment Plant Lime
Softening Conversion Proiect No. 91-22. An extension of eiQhty (80) calendar days is beina reauested,
as well as $ 50,997.38in contract chanqes as described in Schedule "A". broken down as $20.997.38~
contract chanQes and $30.000 as "Contractor Bonus". Fundina source will be 447-5164-536-60.31.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission to approve Chanae Order No. 12 to Elkins
Constructors. Inc. pertaininq to the Water Treatment Plant Lime Soft~ning Conversion Proip.c~.
Department Head Signature: ~d ~~.JJ
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget D~rector Review (~ed on all items involving expenditure of funds):
Funding available: 0
Funding alternatives (if applicable)
Account No. & De0cri~tion,42t {..-s(hll--s;:.~. -(d)-3 J tI\lre -Pt..JtNrCXV\JU. - ELt6S
Account Balance 2-} 00 -
City Manager Review:
Approved for agenda: €S)NO !Cc':-€~*-'I k'k "~\ ~c_,,\ -r;:rh {i~e
Bold Until: Agenda Coordinator Review: /L" t<,~ \ ",' " ~t\.-'}:':;:Jl- d", {"'-,. . .
(Ju...'-vLJ- ( '{(G
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
_.. __ - - _.. __ . I' . _
CI1Y OF DELRA V BEACH
CHANGE ORDE~ TO ORIGINAL CONTRACT
CHANGE NO. 12 pr~OJECT NO. SEF~0787,e7.6Q DA.TE; Februorv 18, 199~
PROJECT TITlE: Water Treatrnem Plont ImQ(Q'i~ments _
TO CONTRACTOR: Elkins Constructors ~
VOU ARE HEREBY REQUESTED TO MAKe iHE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS
FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY. SUBJECT TO ALL CONTRACT
STIPULATIONS AND COVENANTS.
_ - III If - --
JUSTIFICAnON:
Provide matenals. eqLllpmel11 and labor tor work descnbed In Schedule A. Provide a contract
extension of 80 doys due to work r~latad to ret"labllttotlon of Treatment Unit No, 2. Provide $30,CX)J for
eorly completion award to contractor for providino City with soft weter by December 25. 1992.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $3,96S.CXX'J,OO
COST OF CONSTRUCTION CHANGES PREVIOUSLY ormERED 287.562,22
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 4.272.588.22
COST OF CONSTRUCTION CHANGES TI-HS ORDER 50.997.38
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 4.323.686.60
PERCENT INCREASE/DECREt"lSE THIS CHANGE ORDER 1 ,28%
TOTAL PERCENf INCREASE/DEcr<EASE TO DATE 8.50%
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 80 CALENDAR DAYS TO Aorll30L l2'i3
CERTIFYING STATEMENT: I hereby certify that the supporting cost dato Included Is. In my
considered opinion, accurate; that the prIces quoted ore fair Clnd
reasonable and In proper rotlo to the cost of the original worle:
contracted for under benefit competttlve blddirlg,
CONTRACTOR " SlGNATURE-CONSCfCfiN'G ARCHITECT OR ENGINEEr~-
(SEAL)
_ r llI:Ii!IIllilllil!lJ1"iQ1ll nu. . --- -... m T -
TO BE FILLED OUT BV DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT . FUNDS BUDGETED CODe CERTIFIED BY .
U I L
DELRA Y BEACH, FL
By Its City Commission
RECOMMENDED: By:
PROJECT MANAGER MAYOR
ATTEST:
APPROVED: By:
CITY A TTORNEV CITY CLERK ,.
, "
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CITY OF DELRA Y BEACH
SUMMARY OF WTP CONTRACT CHANGES
I
Oellerl t
I !
CONTRACTOR REQUESTED CHANGES
i C.O, 3 i ($2,500.00)i
1 CMU weight oh4ngt!ld to standard I
,
5 C.0.3 i Steil pipe fOr W2 repla.ced wI PVC ($2,500 .00)'
! I ($700.00ll
7 C.O.~ I TEFC gland air cooled sealIng system
I -~ ,............... ......_..._~ -... _n_ _......__.. -_.
--~--.~'"'T ..... . --r ($5,700.0~)r
TOTAL -O.14~
I ENGINEERING DESIGN CHANGES
I I I
I
4 0.0.3 Add 2PRV's $2,604.00 !
6 I C.0.3 I PVC conduit changed to RSC I $703.00 I
8 C.O,3 i Delete filter cOM8ction & piping ($2,188.00)1
I I ($i ,5oc.ao}1
14 I C.0.3 . Sludge thickener level
1S C,0,3 i Cllonge aliCtrlc~1 conduit Size $666.00 :
I
i I
16 i C.O.3 , Upgrade electrical power to valves $4,382.00
I I
17 C.O. :3 I Eltctrlaal motor 10 to 15 HP , $1,092.00
16 i GO.8 $11,690.00 i
i Baoktlow preventer$ & piping I
I
21 C.0.8 i Reroute 10" DEIF $3,315.00 :
,
23 i C.O, a Various I & C $5,03100 I
29 C,O. '0 i Install miscellaneous electrical $5,870,00 :
I ,
I C.0.10 ; I I
31 Change door size In lime building $2,10000 I
I , I
C.O 10 I D.lllrta IImllllSllo dU5t collector platfol m ($800.00)!
I
WD2 C.O. 11 I Move exhaust fan In S.c. llectlon of Luna Building Root $350.00 :
I
I ,
WD4 C,O. '1 R~movi tr~p In Dewatertng Building piping $794,80
WD8 ' C.O.11 I Revise paving 10 provldG proper drainage at $6.507,98
i I entrances to Dewatering Building from
SoW. 7th Street and S.W. 4th Avenue
I C.O,11 ,
WD10 ! Install6-lnch neoprene duck/)1l1 check valve sleeve on I $1.500.00 I
I
walShwal&H recovery Sludge pump. Spbre also provided, I
.........._~.,-,.___..__.-,.......,..."...-w ._____,._...~~....._.._~_._".___'-.-..~.___~_" ...- .-... _.._..._____...---____.___________~--~---v--.-~..l...---.-
summary,wk3 Page 1 of 3
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CITY OF OELRA Y BEACH
SUMMARY OF WTP CONTRACT CHANGES
, I ! Percent Of
AFQ or I Change I - I Original
WO OrnA-r tlon COAl 'ContrAt:t
I i I I
I ENGINEERING' DESIGN CHANGES (continued) i i
I I '
, '
33 CoO, " Install air relle1valve and raplace solenoids wltrllow pressure $3.31e,90 i
I I swltcr\ 01"1 mickened sludge pumps "
1 I i
I
40 C.O. ~ 1 Provide elec:tr\cal condi,J\t requeeted in COlA 63, NO.1, ' $1,304,00 I
I I .2, elfld ~ Also provide credit lor NEM,b, 4X ,mclosure
I '
, ' which was nOllnstalled, I
I I
- - I C,O 11 I AGturn bronze narctware - exchonga for clear '$170,84 '
i anodIzed aluminum_ I
I
, -
F .0. 30 I C.O. 11 '1 Alter fence and sidewalk arOund trae '$543.00
I I
- - C.O. 11 Increase cantilever gate Sizes $730.00 I
, I I
I C,O, 12 Paint tor Stucco I $5,834.00
C.O. 12 I Chlorine Building ~ DOuble Door Modification ! $915.00 ,
_I ~_'O, 1_2__c__~lIter wa~h~~er recovery sludgi pump ______ J _. $2.S00.0l
I I TOTAL ,- $51,231.52 . 1,44~
i i UNFORESEEN COND/TlONS I I
20 I C.0.6 ! $hort.n (nonoroilspon . $1,486.00 i
28 I C.O. iO i Rgof leak damage and lelephor'le jal~ks ! $598.00 "
, C.O. 12 ' Excavation and Removel of old concrete $1,847.00 !
~_____l_ _-- _ n ~ndetIOn15 o~ 8~~~~__ ____ ____ _,-_un _n____~__--- '
--r- : TOTAL - --------.-;-- -- $3,913,001 0.101(.
I I '
I i OWNlER REQUESTED CHANGES I
3 CO. 4 Irrigation eystem on finished water : $3,629 00 I
10 I C.O, 1 Treatment unit ranab $92,317.00
I
11 . C.O. 5 Au' stripper maintenance $22.628.00
'2 I C.O. 3 I Nagle vs. Wllfley I $6,940,00
22 : C.O. 7 Ilncreaea pen recordara & totalizers $31 ,~OO,OO
~_--L_________ , _ y.--.~-----___-__--___---_____-_--_'-___-_____--- ---------
8ummarywk3 PaQ6:2 ot 3
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CITY OF DElRAY BEACH
SUMMARY OF WTP CONTRACT CHANGES
I I Percent of
RFQ or i Change \ ! I Original
WD Order' 1'1 Cost i ~nnttAl';t
I I I
I
OWNER REQUESTED CHANGES (cofltinued) !
!
24 C.0.8 I GrIt chamber I $8,212,00 I
I
I
25 i C.O,8 MH Interior paint $647.00 i
I KSlfNay on sludge thickener !
,
26 0.0, e $1,796.00
I I I
0.0.6 I Treatment unit r6hab, welding &. flrtlsning i $14.801.00 i
I I
27 j C.0.10 I L.ess asphalt al 2O-inch main location ($950.00)1
,
I ! ,
32 C.0.10 Delete 12' gate ($442.00r
I ,
WD6 ; 0.0.11 I Piping Changes In Lime aulldlng $1,500-001
I I
WD7 C,O,11 i Rev1all parking area ancllandscape IsIMd. Delete $1,213.51
I " amaH iSland at entrance gate aM relor;ate Intercom. I
I I Conv.rt anoth.r lalllnd to parking space,
I
39 I C.O.11 ; Oelete fencing shown In attached sketCl'l and rel"lse ($258.00)1
.xlltlng gat8 at alternate location ,
I I
C.0.12 Excavation for FPL conduits $652.00 I
i i $Iudgi ramovol qu~mlltlos lr'lcreaSl:1d I
I C.O, 12 I $2.00000 !
C.0.12 I Paint for Stucco I $6,833,00 .
I , ($800.00)1
; C.0.12 I Delete wallpaper In Control Room
I I I
i C.0.12 I
Lime Slurry and Irrigation Piping modificatiOns $1.416.38
I
, I Additional cost tor cheCk valve
. C.0.12 , $500.00
I ,
I C,0.12 DIrector of Envl(onmElntal ServlcEilIS recommends $30,000 $30,000,00
\ reward bonus because Intent ot l'>Ofter'ling water by 12/24/92 I
was met
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=-===-r=="-'-.. -:...._=:;:.c-'-c,~o~-'-=-=cc.._=.-'==--'-'----:;~-=--'-cc=~=c:=,~:""c:===.:.:~::==-=-::~==c::::::;; : ~._==-===
; TOTAL . $283.134,891 7.""
1 I
GRAND TOTAL I $338.~79,41 : 8,50""
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sllmmary.wk3 Pa\je 3 ot 3
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MEMORANDUM
TO: David T. Harden
city Manager
FROM: William H. Greenwood
Director of Environmental Services
SUBJECT: WATER TREATMENT PLANT IMPROVEMENTS -
(CONVERSION TO LIME SOFTENING)
PROJECT NO. 91-22
DATE: February 19, 1993
City of Delray Beach Bid No. 91-87 Contract Documents contained
an Early Completion Reward in the Agreement dated January 31,
1992 (copy attached).
Change Order No. 9 detailed the term substantial completion. The
intent of the Agreement and Change Order No. 9 was to produce
lime softened water by December 24, 1992 as previously promised
to our customers.
Elkins Constructors, Inc. pursued this objective by working
overtime, proper staffing of the project and cooperating with the
City.
The intent to lime soften the City's potable water was met.
I recommend that Elkins Constructors, Inc. be granted the Early
Completion Reward of $30,000.
The proposed time extension to the Contractor for final
completion is due to increased scope of services for the
rehabilitation of Treatment Units 1, 2 and 3. Units 1 and 3 have
been completed and the Contractor is still rehabilitating Unit 2.
This rehabilitation was anticipated and the cost was included in
the $250,000 Allowance Bid Item No. 19.
Contractor change order pertaining to the rehabilitation of the
treatment units flagged a request for a time extension to
complete this work.
J
/j)~~~
Wil11am H. Greenwood
WHG: smm
ATT:
File: Memos to City Manager
Project No. 91-22 (D)
IT ef\1 17
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AGREEMENT
is dated as of the <3 / day of
l/, by and between the city of Delray Beach,
or1da here1nafter called the CITY, and Elkins Construetorst Ine,
ereinafter called CONTRACTOR.
faWNER and CONTRACTOR, in consideration of the mutual covenants
'hereinafter set forth, agree as follows:
WORK.
,: CONTRACTOR shall complete all Work as specified or indicated in
\ the Contraqt Documents. For the project entitled:
WATER TREATMENT PLANT IMPROVEMENTS
(CONVERSION TO LIME SOFTENING)
CITY OF DELRAY BEACH pr~JECT NO; 91-22
CONSULTANT PROJECT NO: SEF 30787.82
CONSULTANT.
The Project has been designed by CH2M Hill, who is hereinafter
CONSULTANT and who will assume all duties and
responsibilities and will have the rights and authority
assigned to CONSULTANT in the Contact Documents in connection
. with completion of the Work in accordance with the Contract
. Documents.
Article 3. CONTRACT TIME: LIQUIDATED DAMAGES AND EARLY
COMPLETION REWARD
3.1 The work will be substantially completed within 335
calendar days from the date of the Notice of Proceed,
when the Contract Time commences to run, as provided
in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance
with paragraph 14.13 of the General Conditions within
365 calendar days from the date of when the Contract
Time commences-to run or 30 days following the date
of Substantial Completion, whichever occurs first.
3.2 Liquidated Damages. The CITY and CONTRACTOR recog-
nized that time is of the essence of this Agreement
and that the CITY will suffer financial loss if the
Work is not completed within the times specified in
paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General
Conditions.
A-l
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,
They also recognize the delays, expense and difficul-
ties involved in proving in a legal proceeding the
actual loss suffered by the CITY if the Work is not
completed on time. Accordingly, instead of requiring
any such proof, the CITY and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay the CITY five hundred dollars
($500.00) for each day that expires after the time
specified in paragraphs 3.1 for substantial comple-
tion until the Work is substantially complete. After
Substantial Completion if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within
the Contract Time or any proper extension thereof
granted by the CITY, CONTRACTOR shall pay OWNER five
hundred do'llars ($500.00) for each day that expires
after the time specified in paragraph 3.1 for
completion and readiness for final payment up to 365
days from the date when the Contract Time commences
to run, at which time the CONTRACTOR shall pay OWNER
one thousand one hundred dollars ($1,100.00) per day.
Early completion Reward. The CITY shall pay the
CONTRACTOR an Early Completion Reward equal to five
hundred dollars ($500.00) for each day that the
project reaches the point of substantial completion
(as defined in the GENERAL CONDITIONS) ahead of the
specified allowable CONTRACT TIME or any proper
extension thereof granted by the CITY, up to a
maximum of thirty thousand dollars($30,000) . The
Early completion Reward will not be payable until the
Final Payment of the project. The Early Completion
Reward, if earned by early substantial completion,
will be reduced by five hundred dollars ($500 ) for
each day that final completion does not occur after
30 days from substantial completion.
i [Remainder of this page left blank intentionally)
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CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work
in accordance with the Contract Documents in current
funds a LUMP SUM of $3,985,000.00 ,
broken down as follows:
SCHEDULE OF CONTRACT PRICES
Bid Total Based
Item on Estimated
No. Description Quantities ($)
'~
" 1. Bonds 30.000.00
,J
,
~ 2. Insurance e.OOO.OO
f
~ 3. Indemnification 10.00
,);'1
"
4. Division1, General Requirements 295,990.00
5. Division 2, Site Work 280,000.00
6. Division 3, Concrete 410.000.00
7. Division 4, Masonry 'l0,000.00
8. Division 5, Metals 165,000 00
9. Division 6, Wood and Plastics 5,000.00
10. Division 7, Thermal and Moisture 6R,000 00
Protection
,
,
.~ 11. Division 8, Doors and Windows 12,000.00
j
12. Division 9, Finishes 215,000.00
:
. . 13. Division 10, Specialties
6.000.00
14. Division 11, Equipment nOO,Ooo.ooa,b
15. Division 13, Special Construction 1 ,030 ,fIOO 00
Subtotal 3,175,000.00
A-)
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SCHEDULE OF BID PRICES
Total Based
Estimated unit on Estimated
} Description Ouantitities
i Oivision 14, conveying systems 10 ,000
Division 15, Mechanical ~50.000
Division 16, Electrical ':\ c;n , nnn.
c
Allowances 250.000
(see note below)
.
$ b
Contract Price 3.985.000
Items 1 through 18 (in numbers)
contract Price THREE MILLION NINE HUNDREDb
Items 1 through lR (in words) EIGHT-FTVR THon~ANn nOl,LARS
~
s:
\The CITY does oat elect to di/fle ooe vacuum fiHer (provide two vacuum
,fnter systems). S...J...~l.LL_
The CITY does not I elect to accept any of the proposed MAJOR EQUIPMENT /
. SUPPLIER SCHEDULE items.
Allowances are not included in the initial Contract Price. Allowance
: funds shall be added to Contract Price only by Change Order, on an as
~eded basis by the CITY.
A-4 . .
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Una Transfer (2) Date February 19, 1993
(3) Interfundllnterdepartmental Transfer (4) Batch Number ,~% /f ~/)
(5) Requested By: William H. Greenwood, Director of Environmental Services
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TR^,~SFER IN
447-5164-536-31.30 Engineering Services $54,677
447-5164-536-60.31 Buildings $54,677
(10) TOTAL $54.677 $54.677
JUSTIFICATION: Transfer necessary to cover costs incurred by Chang~ Order No. 12 to Elkins Constructors,
Inc. pertaining to the Water Treatment Plant Lime Softening Conversion Project No. 91-22. City Commission
to approve change order on February 23, 1993 Regular Meeting.
~- -~
/"
Department Head $~ - -. II ?/ff/f'3 Asst Clly Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAI.-At Inr,FT r.ANARV-FII 1= PIt\llf _f"lI=P^ J:lTau::tlIT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJt 1
SUBJECT: AGENDA ITEM it ~K - MEETING OF FEBRUARY 23. 1993
AMENDMENT NO. 4 TO SERVICE AUTHORIZATION NO. 5/CH2M HILL
DATE: February 19, 1993
This is an amendment to Service Authorization No. 5 to the contract
with CH2M Hill in the amount of $20,000 for continuing engineering
services necessary to complete the Water Treatment Plant Lime
Softening Conversion project. The engineer would be paid on an hourly
basis, not to exceed $20,000.
This amendment encompasses the additional 80 day extension proposed in
Change Order No. 12 to the contract with Elkins Constructors, Inc.
When the project was initially awarded, CH2M Hill was authorized to
design, provide engineering services during construction and resident
observation. The original scope of services during construction and
resident observation was based on a 52 week period ending February 9,
1993. In order that the construction occurring during the extended
time period can be observed, this amendment is proposed.
Recommend approval of Amendment No. 4 to Service Authorization No. 5
to the contract with CH2M Hill in an amount not to exceed $20,000 with
funding from 1991 Revenue Bond - Engineering/Architect (Account No.
447-5164-536-31.30).
-
.
Agenda Item No.1
AGENDA REQUEST
Datel 2/19/93
Request to be placed onl
XX Regular Agenda
Special Agenda
Workshop Agenda When: Februarv 23. 1993
Description of item (who, what, where, how much) I Staff requests City Commission to
approve Amendment No.4 to Service Authorization No.5 to CH2M Hill for consultinq services for the
extended contract time needed bv Elkins Constructors. Inc. at the Water Treatment Plant - Proiect
No. 91-22. Need the continuina enaineerina services to iob completion. Cost will be $20.000.
Fundina source will be 447-5164-536-31.30.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendationl Staff recommends approvel of Amendment No.4 to Service Authorization No.5
to CH2M Hill for continued consultina services needed until construction is complete. An extension
has been requested by Elkins Constructors Inc. (S a enda item
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Di.rector Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable) ~
Account No. & D~tin'$ Slb'l-h3C -31::?o WTi2- YLAN-rCfJtJV.~ .
Account Balance ~.
~ r;;;/~
City Manager Review: J I
Approved for agendal ~/NO [1tVl
Hold Untill
Agenda Coordinator Review:
Received:
Placed on Agendal
Action:
Approved/Disapproved
.
-. - ~~' -''- ~ ~,'. .~-~.I. . .:....."~ \JU_~'I 11lw~ " .
City of Delray Beach
Consulting Service Authorization Aluendment
DATE: I 1993
AMENDMENT 4 TO SERVICE AUTHORIZA'TION NO. S FOR CONSULTING
SERVICES
CITY P.O. NO. _ CITY EXPENSE CODE
PROJECT NO. (CITY) SEF30787.B8,OO (CONSULTANT)
TITLE: Additional Resident Observation and Services During Construction (SDC)
Water Treatment Plant Lime Softening Conversion
I. Project Description
Under Service Authorization No.5, the City authorized CH2M HILL to design, provide
engineering services during construction and resident observation for improvements to the
City's water treatment plant The design has been completed and ~~onstruction is
approximately 90% complete, The original scope of services during construction and
resident observation services was based on a 52-wt:'..ek period ending February 9, 1993.
The construction final completion date of February 9, 1993 has past and a construction
contract time extension to April 30, 1993 will be granted under Change Order No. 12 to
the construction contract.
In order that the constnlclion occurring during the extended time period be observed (md
required services during construction be provided, the City has asked CH2M HILL to
provide services as described below.
II. Scope of Services
The CONSULTANT will continue to provide the engineering services to the CITY as
described in Task 6 and Task 7 of Service Auth01ization No.5 during the extended
construction period. The services will be on a part-time, as required basis.
Ill. Budget Estimate of Services
Because the level of service required cannot be accurately estimated, services under this
authorization will be provided on a times charges basis in accordance with Art.icle
VII.A.2 of the Agreement, The maximulII aLlthorized compensation is $20,000 based on
12 weeks averaging 20 hours of resident inspection at $75, for a subtotal of $18,000, plus
related services and expenses of $2,000.
lOO121A4.DFB 1
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- - - ~ .. ~. . .... - -. . .. .....1. _1'1 11".1.1'" ..
- -
IV. Completion Date
Services under this authorization will be accomplished concurrently with the contract
completion date of April 30, 1993.
APPROVED BY THE CITY CONSULTANT
OF DELRA Y BEACH CH2M HILL SOUTHEAST, INC.
_ day of _119 _ By:
John F. Curtiss, P.E.
Office Manager
CITY OF DELRA Y BEACH, BEFORE ME, the foregoing instrument,
a municipal corporation of the State I,)f this _ day of _~~, 19 _. was
Florida acknowledged by John F. Curtiss, Vice
President and Manager. a duly
- authorized officer of CH2M HILL
By:_. .. SOUTHEAST, INC., on behalf of the
Mayor Corporation and said person executed the
same freely and voluntarily for the
purpose therein expressed.
ATTEST:
ATTEST:
-.,.----. "~_._.__..__.--_._-".-..... .---
By: ....-..... .--
City Clerk WITNESS my hand and seal in the
County and State aforesaid this _ day of
119 -'
APPROVED AS TO FORM: Notary Public
State of Florida
By: __ .- My Commission Expires:
City Attorney
(Seal)
IOOI21A4.DFB 2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM i q. L. - MEETING OF FEBRUARY 23. 1993
GOLF COURSE CLUBHOUSE
- ,
DATE: February 19, 1993
At the time the agenda was complete, staff was still compiling
documentation for this item. It is anticipated that backup material
will be provided to you prior to Tuesday evening's meeting.
~ Ji1 ~ ~~
fU- r ffOO I V7 OI7I9G ~
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 23, 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
9.M. SETTLEMENT OFFER - SMALL VS. CITY OF DELRAY BEACH.
Consider acceptance of settlement offer from Plaintiff;
parties would agree to voluntarily dismiss with
prejudice their claims against each other. The City
and Ms. Small would bear their own attorney's fees and
costs. City Attorney recommends approval.
,
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: February 23, 1993
To: City Commission /UYV
From: Jeffrey S. Kurtz, City Attorney;i
Subject: Barbara Small v. City of Delray Beach
Our File No. 05-91. 022
Ms. Small was a former firefighter with Delray Beach. She
resigned from her position during her probationary period. Ms.
Small is currently a firefighter/paramedic with Lake Worth.
Ms. Small alleged that she was discriminated against on the
basis of sex and was forced to resign from her employment with
the City. The record developed showed that the Delray Beach
Fire Department has an excellent history of hiring and
recruit~females and there was not a scintilla of evidence of
discrimination.
The plaintiff has proposed a settlement wherein she would
dismiss her case with prejudice. Each party would bear their
own attorney's fees and costs in prosecuting the matter. Ms.
Small may reapply for employment with the City if an opening
occurred. No preference or prejudice would be given her
application as a result of her having filed this lawsuit. The
City Attorney's Office recommends acceptance of this offer.
Should you have any questions, please do not hesitate to
contact me.
JSK:sh
cc: David Harden, City Manager
Chief Kerry Koen, Delray Beach Fire Department
Lee Graham, Risk Manager
Donna Woods, Claims Representative, Gallagher Bassett
Insurance Services
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER vfi1
SUBJECT: AGENDA ITEM ~ 10.11. - MEETING OF FEBRUARY 23. 1993
SUBSTANTIAL DEVIATION/WATERFORD DRI-DO
DATE: February 19, 1993
This item is before you to consider proposed modifications to the
Waterford DRI Development Order which would establish a build-out
date, timing for improvements to 1-95 ramps and widening of S.W. 10th
Avenue. Concurrently, a determination as to II substantial deviation II
needs to be made.
The original Development Order did not specify a build out date, as
was common in early DRI-DOs. However, a build out date of December
31, 1990 was stated in the application for DRI which was accepted by
the Florida Department of Community Affairs, Treasure Coast Regional
Planning Council and the City. Pursuant to Florida Statutes Section
380.06( 19) (b) (16) (c), the proposal to extend the build out date until
June 30, 1997, does not create a substantial deviation.
Modifications to Development Order Conditions 17, 18 and 19 include
changing the triggering mechanism (threshold) , eliminating the daily
trip (ADT) threshold and retaining only the peak hour trips threshold.
This proposal is still under review by Florida Department of
Transportation, Treasure Coast Regional Planning Council and the
Department of Community Affairs. The concerns expressed deal with
procedure and not substance. As no resolve has been reached regarding
language, final action is not sought on this item at this time.
Modifications to Development Order Condition 22 includes allowing the
requirement to four-lane S.W. 10th Avenue and signalize the
intersection of S.W. 10th Avenue/Lindell Boulevard to be triggered by
an intersection analysis rather than total trip generation from the
project.
Due to local interest, the public hearing should be held and testimony
taken. Action should be taken on the build-out date issue and local
Condition 22; with action deferred on Conditions 17, 18 and 19 until
sufficient information is available.
The Planning and Zoning Board at their February 8th meeting formally
reviewed this item. On a 4-2 vote (Kellerman and Naron dissenting,
Currie absent) , the Board forwarded a recommendation that the
changes to the Waterford DRI do not constitute a substantial deviation
and that the proposed changes to the DRI-DO be approved, as amended,
and as outlined in the Staff Report. A detailed staff report is
attached as backup material for this item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: G-~~D T. HARD~ CITY MANAGER
--j 06>--
FROM: WD~VACS. DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 23, 1993
MODIFICATIONS TO THE DEVELOPMENT ORDER (DO) FOR THE
WATERFORD DRI AND DETERMINATION OF SUBSTANTIAL
DEVIATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of proposed modifications to the Waterford DRI-DO.
Concurrent with this consideration, a determination as to
"substantial deviation" is to be made. This later item
requires a public hearing.
The proposed modifications involve:
1- A change of the build-out date.
2. A change as to when specific studies pertaining to
ramp analysis on I-95 is required.
3. A change pertaining to improvements on SW 10th Avenue,
between Linton and Lindell.
BACKGROUND:
The need to address Local Condition #22, that pertaining to
improvements on SW 10th Avenue - south of Linton, was made a
condition of approval of the previous (Builders Square)
modification. Also, DO items pertaining to build-out date and
1-95 ramp analysis were previously identified as needing to be
addressed. Each of these items are addressed in the formal
request which has been submitted.
Please refer to the attached Planning and Zoning Board staff
report for full description and analysis. Also attached is the
TCRPC staff report. Please note that information contained
therein with respect to the build-out date determination is
different from that contained in the P&Z report. Even though
there is a difference in approach, the outcome is the same i.e.
there not a substantial deviation.
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city Commission Documentation
Modifications to the Development Order (DO) for the
Waterford DRI and Determination of Substantial Deviation
Page 2
The changes to DO Conditions 17, 18, & 19 are still under review
and consideration by FDOT, TCRPC, and DCA. Again, the concerns
deal with procedure and not substance. Since a resolve regarding
language is not available, final action is not sought this
evening.
The changes to DO Condition, the local condition, does not have
comment from FDOT, TCRPC, nor DCA. The proposal contained in
the P&Z report has been accepted by the applicant.
MANNER OF PROCEEDING
Due to local interest and the fact that the hearing has been
properly noticed, it (the hearing) should be held and testimony
taken. Action should be taken regarding the build-out date and
local Condition #22. If sufficient information is provided at
the hearing (by TCRPC and FDOT) direction can be given regarding
the language for Conditions 17, 18, & 19. The matter will be
placed on a subsequent agenda, in Resolution form, for final
action. This final action could be a consent item.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of February 8, 1993. On a 4-2 vote (Kellerman and Naron
dissenting, Currie absent) a recommendation for a finding of not
to be a substantial deviation and approval of the changes per
the staff report was made. A draft copy of the Board's Minutes
are attached.
RECOMMENDED ACTION:
Conduct the public hearing, take action (by motion) on the
build-out date and local Condition #22 per the Planning and
Zoning Board recommendation; and defer action conditions 17, 18,
& 19 pending receipt of further information from FDOT and TCRPC.
Attachment:
* Draft P&Z Minutes of February 8, 1993
* TCRPC Staff Report for February 19, 1993
* P&Z Staff Report & Documentation of February 8, 1993
DJK/T:CCWATER4.DOC
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MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
DELRAY BEACH, FLORIDA
SPECIAL MEETING
FEBRUARY 8, 1993
I. CALL TO ORDER:
. This Special Meeting of the Planning and Zoning Board
was called to order in the First Floor Conference Room,
City Hall, at 6:05 p.m. Upon calling the role, the
Chair declared that a quorum was present.
Members present: Kellerman, Beer, FeIner, Krall, Kiselewski,
Naron
Member Absent: Currie
Staff Present: David Kovacs, Diane Dominguez, John Walker
II. BUSINESS ITEMS:
A. Review and Recommendations Pertaining to Proposed
Changes to the Waterford SAD/DRI. Changes Pertain
to Establishing a Build-Out Date, Timing for
Improvements to 1-95 Ramps and to the Widening of
S .W. 10th Avenue. No Land Use Changes Are
Proposed:
Director David Kovacs provided a review of the
requested changes to the Waterford DRI-DO. He
recommended that the request for a change in
build-out date be accepted; that the proposed
changes to Conditions 17, 18, and 19 be modified
to delete the existing language, except as it
pertains to the FOOT determination and that ADT,
instead of peak hour traffic counts, be used to
determine when further reports are to be provided
to FOOT; and, that Local Condition 22 be modified
as set forth in the staff report. He concluded by
stating the proposed modifications neither
individually, nor collectively, constituted a
substantial deviation to the existing DRI-DO.
Alan Ciklin, the applicant's attorney, was present
and stated that he concurred with the Director's
presentation.
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P&Z Board Minutes
February 8, 1993
Page 2
Mr. Kellerman stated his position that the traffic
impacts from the Waterford DRI are not adequately
mitigated and that further conditions are
necessary.
There were several questions by Board Members.
The Planning Director provided responses. The
Chairman then noted that there were several
individuals in attendance who were interested in
this matter and that he would entertain public
comment.
Helen Coopersmith stated the following:
(a) that she desired determinations by FOOT prior
to acting;
(b) she questioned the change to peak hour
instead of ADT;
(c) what is the significance of "presumed" when
discussing the question of substantial
deviation; and,
(d) what is the basis for establishing a
build-out date.
Chairman Krall responded to (b) and (c) as follows:
(b) the applicant has agreed (per the staff
recommendation) not to change to peak hour;
( d) the build-out date per the Application for
Development Approval (ADA) was 1990 and a
seven (7 ) year extension is permissible
without it being presumed to be a substantial
deviation.
The Planning Director responded to the other items
as follows:
(a) the FOOT determination pertaining to the need
to increase ramp capacity was due by March
31, 1993. It does not have a bearing on the
item before the Board.
(c) "presumed" is a term used in the Florida
Statues which determines upon whom the burden
of proof rests when making the decision
regarding whether or not a proposed change
constitutes a substantial deviation.
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P&Z Board Minutes
February 8, 1993
Page 3
Member Kellerman restated his position based upon
existing congestion along Linton Boulevard.
Director Kovacs' responded that the existing
congestion is not related to the item which is
before the Board.
After further discussion, it was moved by
Kiselewski to forward a recommendation that:
1. The proposed changes to the Waterford Place
DRI do not constitute a substantial
deviation.
2. That the proposed changes to the Waterford
Place DRI-DO conditions be approved as
amended as outlined in the Staff Report.
The above motion carried on a 4-2 vote with
Kellerman and Naron dissenting. Prior to the
vote, the Chair noted, for the record, that the
applicant's representative had previously stated
his concurrence with the staff recommendation.
B. Recommendation to the City Commission Regarding
the Initiation of Plan Amendment 93-1:
John Walker, Advanced Planning Division, made a
presentation and reviewed the staff report. He
noted previous occasions upon which the Board had
reviewed most of the material. He noted that some
new items were found on pages 4 and 5 of the Staff
Report. At this point, the Director suggested
that consideration be given to adding review of
the Auto Use Location Policy given current action
on an LDR text amendment affecting the A.C. Zone
District. After some discussion, the Chair did
not accommodate this suggestion but stated that if
the City Commission approves the LDR amendment, it
would then be appropriate for the Board to add
consideration of the Auto Location Policy to Plan
Amendment 93-1.
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P&Z Board Minutes
February 8, 1993
Page 4
John Walker then reviewed the listing of potential
capital projects and the table which listed them.
The ~nsuing discussion focussed upon understanding
the projects and their potential funding sources.
The Director noted that we are nearing the end of
the "first planning period" as described in the
Comprehensive Plan and, if we are to continue with
aggressive capital improvement program, it may be
appropriate to consider another general obligation
(G.O. ) bond effort. If not, he stated that
expectations may need to be diminished. John
Walker concluded with recommendations as to which
capital projects should be included when the City
Commission formally initiates Amendment 93-l. He
noted that not all of the projects which are
"initiated" will be recommended for inclusion
after further review.
It was then moved by Beer with a second from
Kellerman to recommend that the City Commission
initiate Plan Amendment 93-1 containing material
as stated in the Staff Report; and, subject to the
modifications as outlined on pages (1) through
(6) ; including improvements for George Bush
Boulevard.
The above motion carried on a 6-0 vote.
III. ADJOURNMENT: There being no further business before
the Board, the Chair declared the Special Meeting
adj ourned at 7:38 p.m. The Board then convened a duly
noticed work session.
The undersigned is the Secretary of the Planning and Zoning
Board and the information provided herein is the Minutes of
the meeting of said body for February 8, 1993, which were
formally adopted and approved by the Board on
.
Celeste McDonough
If the Minutes that you have received are not completed as
indicated above, then this means that these are not the
official Minutes. They will become so after review and
approval, which may involve some changes.
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I
TREASURE COAST REGIONAL PLANNING COUNCIL
M E M 0 RAN D U M
To: Council Members AGENDA ITEM 6C
From: Staff =
Date: February 19, 1993 Council Meeting
Subject: Waterford Place Development of Regional Impact -
Proposed Change to the Development Order
Introduction
Waterford Place Development of Regional Impact (DRI) is an
86-acre, mixed-use project in the city or Deli~ Beach (see
the attached DRI location map). Council has received notice
of a proposed change to the Development Order (DO) for the
DRI. The proposed change:
1) establishes a buildout date of June 30, 1997, for the
DRI in the DO; and
2) changes three specif ic conditions of approval which
tie building permits tv construction of roadway
improvements or determinations that level-of-service
standards will be maintained for 1-95 ramps.
The proposed establishment of a buildout date is not subject
to substantial deviation review under section
380.06(19) (e)2, Florida Statutes (F.S.). The changes to
specific conditions of approval are presumed to require
additional regional review under Section 380.06(19) (e)3,
F.S. The presumption that substantial deviation review is
needed may be rebutted by clear and convincing evidence that
no previously unreviewed impacts will occur as a result of
the change. The local government public hearing at which it
will be determined whether or not the change requires
further regional review has been scheduled for February 23,
1993.
Analysis
The original Application for Development Approval (ADA) for
the DRI proj ected development would be completed in 1990.
When the DO was issued, however, it contained a reference to
a December 31, 1992, deadline for compliance with a traffic
condi tion. This 1992 date supercedes the 1990 buildout
,
projection of the ADA. The current state statute provides
that buildout date extensions of less than five years are
not subject to further DRI review.
During the original review of the DRI, 1-95 was projected to
be one of the main roads serving the project. Three
conditions were included which required that before each of
three successive quantities of development were approved, a
determination must be made by the Florida Department of
Transportation that the 1-95 ramps would remain at an :-
acceptable level-of-service. In a previous DO amendment,
the thresholds triggering the need for the determinations
were changed from specific quantities of development to
quantities of vehicular trips generated both on an average
daily basis and a peak-hour basis. The recently approved
retail use on the project exceeds the established daily trip
threshold. The applicant is proposing to delete the
reference to the daily threshold and supplant it with peak-
hour trip rates. This would delay the need for compliance
with the determination of 1-95 ramp functioning.
: : I
At this time there is insufficient information available to
determine what impact the proposed changes to the traffic
conditions would have on ramp function. Additional traffic
analysis supporting the request to alter the traffic
condi tions has been requested. Until the information has
been evaluated and found adequate, there is no assurance
that acceptable level-of-service standards will be
maintained if the proposed amendments are adopted.
Conclusion
The proposed changes do not assure that adequate levels-of-
service will be maintained through buildout of the project.
Recommendation
It is recommended that Council authorize staff to transmit
the above comments to the City of Delray Beach and indicate
that staff will attend the publ ic hearing. If staff does
not attend the hearing, Council will lose its right to
appeal any resultant Development Order amendment. Council
should further authorize staff to work with the developer
and the City in an attempt to develop alternate language
which would better address the Region's concerns.
Attachment
2
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STATE OF FLORIDA . . .' . ;_ :.'~' :' ~ '\ \\1 G
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DEPARTMENT OF COM,\1UNITY AFFAIRS
2 740 CENTERVIEW o R I V E . TALL.\HASSEE, FLORIDA 32399-2100
.
LAWTON CHILES LINDA LOOMIS SHElLEY
Governor ....crrl"ry
February 4, 1993
Mr. David Kovacs, Director
Department of Planning & Zoning
city of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Re: Water ford Place DR!
Notification of Proposed Change
File No. ADA-1085-040
Dear Mr. Kovacs:
The Department has received a Notification of Proposed
Change (NOPC)to the Waterford Place development of regional
impact (DRI) from Alan J. Ciklin dated December 21, 1992. The
proposed changes include extension of the project buildout date
and changes in requirements for traffic improvements.
The Department has completed its review of the proposed
changes. We do not concur with the applicant's claim that the
proposed modification to the project buildout date is consistent
with the parameters identified in Subparagraph 380.06(19) (e)2.,
Florida Statutes, (F.S.), and that therefore the City is not
required to hold a public hearing to make a substantial deviation
determination. The proposed change to extend the project
buildout date by six years and six months is presumed not to
create a substantial deviation pursuant to Subparagraph
380.06(19) (c), F.S.
The proposed changes to the DO transportation conditions are
presumed to be a substantial deviation pursuant to Subparagraph
380.06(19) (e)3., F.S. , which requires a public hearing to make a
substantial deviation determination. The applicant has not
provided evidence that the proposed changes will not result
in additional traffic impacts.
The Department is hereby notifying the City of Delray Beach,
pursuant to Subparagraph 380.06(19) (f)4., F.S., that the
Department will attend the public hearing. Please ensure that
the Department is duly notified (at least 15 days in advance) of
EMERGENCY MANAGEMENT' HOUSI....C A....D CO..\\\u....ln DE\ ElOPMENT . REr..OI '~n PI ANNINC AND MANAGEMENT
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Mr. David Kovacs
Fcbrunry 4, 1993
Page Two
the time, date and location of the public hearing. If our
concerns are addressed before the hearing date, we will notify
the city.
If you have any questions about this matter, please call
steve Makowski in the Bureau of state Planning at (904)488-4925.
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Sincerely, .
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,,;b1'v\ &P<- t
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J. Thomas Beck, Chief
Bureau of State Planning
)
cc: Ms. Sally Black (TCRPC)
Mr. Alan J. Ciklin, applicant
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PLANNING AND ZONING BOARD DOCUMENTATION
TO: Q~J~BERS
FROM: AVID KOVACS, DIRECTOR
PLANNING AND ZONING DEPARTMENT
DATE: Meeting of February 8, 1993
SUBJECT: WATERFORD PLACE, NOTIFICATION OF PROPOSED CHANGES
ITEM BEFORE THE BOARD:
The item before the Board is a recommendation to the City Commission
of determination of substantial deviation and request for
modification of certain conditions of the Waterford Place
Development of Regional Impact Development Order (DRI-OO) and
Special Activities District (SAD) approval.
BACKGROUND:
Waterford Place was approved in 1984/85 as a Development of Regional
Impact, zoned SAD and consisted of 811,763 square feet of office,
research and development, a 250 room hotel, and 236 multi-family
residential units (Ordinance 79-84 and Resolution 49-85).
In 1987, the Waterford Village apartment complex was approved
through an amendment to the SAD along with a change in the method of
assessing thresholds for improvements from floor area/unit count to
average daily traffic generation (ADT) (Ordinance 96-87).
In 1989, a SAD/DRI modification was approved to replace the site
specific development plan with an overall Master Development Plan
(MOP) . The MOP is more general and allows minor site plan changes
to occur without the necessity of concurrently amending the DRI
Development Order. This action was consummated through Ordinance
68-89 and Resolution 80-89.
In 1992, a modification was approved to the development mix of
Water ford Place. The total DRI now consists of 322,413 square feet
of office, research and development space, 136,000 square feet of
general retail use, and 236 multi-family residential units
(Ordinance 64-92 and Resolution 132-92).
A Notification of Proposed Change was received from the applicant
December 23, 1992. A copy of the Notification is attached.
1t..~ .
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Planning and Zoning Board Members
Waterford Place, Notification of Proposed Changes
Page 2
REQUESTED CHANGES:
The requests for modification are summarized as follows:
* An extension of the build out date to June 30, 1997.
* Modifications to Development Order conditions 17, 18 and 19 to
change the triggering mechanism (threshold), eliminating the
daily trip (ADT) threshold and retaining only the peak hour
trips threshold.
* Modification of Development Order condition 22, allowing the
requirement to four-lane S.W. 10th Ave. and signalize the
intersection of S.W. 10th Ave/Lindell Blvd to be triggered by
intersection analysis rather than total trip generation from
the project.
The formal "Notification of Proposed Change" is attached. You will
note staff comments which pertain to inaccurate data. These items
need to be corrected in a revised notification. However, such
revisions are not necessary until after Planning and Zoning Board
consideration.
ANALYSIS:
The requested modifications are analyzed individually as follows:
BUILD OUT DATE:
The original Development Order did not specify a build out date, as
was common in early DRI-DO's. However, a build out date of 1990 was
stated in the application for DRI. The application was referenced
in the DRI-DO. Therefore, a date of December 31, 1990 is accepted
as the build out date by the Florida Department of Community
Affairs, Treasure Coast Regional Planning Council and The City of
Delray Beach.
The requested build out date of June 30, 1997 constitutes an
extension of six and one-half years. Pursuant to Chapter
380.06(19)(b)(16)(c) F. S., an extension of five years or more but
less than seven years is presumed not to create a substantial
deviation.
CONDITIONS 17, 18 and 19:
These conditions, contained in Ordinance 96-87 (attached), specify
transportation improvements required at various levels of
development and cite thresholds of development that trigger the
improvements. One section of the conditions, 19 (D) , was further
mod~~lef;.in Resolution 132-92 (attached) to extend the due date.
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Planning and Zoning Board 'Members
Waterford Place, Notification of Proposed Changes
I Page 3
In the developer's request, references to daily trips are eliminated
so that improvements are triggered only by peak hour trips. In
addition, the description of a required determination by FOOT is
modified to "clean up the wording" without changing the scope of
work.
An assessment of the status of project improvements finds that:
- In Condition 17, A through F, improvements have been completed.
- In Condition 17 G, the traffic generation threshold has not been
achieved.
- In Condition 18 A and B, the improvements have been completed.
- In Condition 18 C, the traffic generation threshold has not been
achieved.
- In Condition 19 A and B, the improvements have been completed.
- In Condition 19 C, the required second right turn lane cannot be
constructed since the intersection has been constructed to its
ultimate expansion.
- In Condition 19 0, the traffic generation threshold has not been
achieved.
Due to the current status of improvements, a reasonable approach to
the conditions is to delete those that no longer apply. Also, the
Applicant's request places emphasis on peak hour traffic
determinations. From the staff view, (a) it is not necessary to
have multiple "trigger" points; and, (b) average daily trips (AnT)
is a better "trigger" than peak hour trips because of the vaguaries
of peak hour determination. This would result in the following
conditions:
CONDITION 17:
17. The developer shall not receive building permits for
development generating more than 6,032 daily tripsl 133 AM 0t 1IS PM
pt&ilX )i0Jdt ttlpt/.I until !t0rittil!ttt/. )i;lyt& )St&t&ri It&t t0t t)it& t0110wlrtf
l~pt0Yt&~t&ritt/. lri p;lt;l,t;lp)it/. AI SI el 01 E ;lri~ t )St&10WI t)ie ~et/.lfrt 0t
wKI!tK Kat/. )Seeri appt0Ye~ )Sf Pal~ Sea!tK e0Jdritfl ari~ t0t ~0te tKari 133
AM 0t 1IS PM pe;lX K0~t ttlp~ ~ritll t)ie ~t&tet~lriatI0rit/. )Sf t)ie tl0tl~a
0epiltt~erit 0t Ttarit/.p0ttiltl0ri )iilye )Seeri pt0yl~e~ '1.0 tHe eltf 0t
0eltilf Sea!tH/
AI THe !t0rit/.tt~!ttI0ri 0t ilri il~9!ltI0ri;l1 !ta~t ilri~ wet/.t)S0~ri9! tKt0~,)i
larie 0ri tlrit0ri S0~leyat9! at e0ri~tet/.t/. AYeri~el
81 tlrit0ri !0~leYat9! Kilt/. )Seeri Sfl;lrie~ tt0~ e0ri~tet/.'/. Aieri~e '1.0 01~
0ltle MI~Hwafl
.
Planning and Zoning Board Members
Waterford Place, Notification of Proposed Changes
Page 4
tl An a~~ltl0nal ea~t~0~ri~ tl~~tft~tri larie ~a~ ~een t0n~tt~tte~ 0n
Elrit0ri S0~letat~ at lt~ lntet~ettl0n wlt~ S0~t~we~t 10tH
Ateri~e'
01 T~e t0ri~tt~ttl0ri 0t a tl~Ht ari~ lettft~tri larie 0ri S0~t~we~t
10tH Aieri~e at tKe lritet~ettl0ri wlt~ Elrit0ri S0~1etat~'
EI Elrit0ri S0~letat~ at t~e If9! lritettHari~e~ Ka~ ~een te~ttlpe~ to
tKe t01l0wlri~ tt/Jntl~~tatlt/Jn'
Ea~t~t/J~n~
TKtee (~1 apptt/JatK lane~ t/J~t~l~e tKe lntettKan~e wltK twt/J (21
t~tt/J~~K larie~ an~ t/Jne (11 tKtt/J~~H lane ~tt/Jppe~ tt/J a lettft~tn
larie lri~l~e tHe lntettKan~e an~ twt/J (21 ~epatt~te larie~ wKltH
wl~en tt/J tKtee l~l ~epatt~te lane~ wltH tKe tHlt~ lane
attt/J~t/J~atlri~ tKe nt/JttK~t/J~n~ etlt ~t/Jln~ ea~tl
We~t~t/J~n~
T~tee (~1 apptt/JatK lane~ t/J~t~l~e tKe lntettKari~e wltH twt/J (21
tKtt/J~~H lane~ an~ t/Jne (11 tKtt/J~~K lane ~tt/Jppe~ tt/J a lettft~tri
lane lri~l~e tKe lntettKan~e an~ tW0 (21 ~epatt~te lane~ wHltH
wl~eri tt/J tKtee (~1 ~epatt>>te lane~ wltH tHe tHlt~ lane
attt/J~t/J~atlri~ tKe ~t/J~tK~t/J~ri~ etlt ~0lri~ we~tl
r 1 TKe tt/Jn~tt~ttlt/Jri t/Jt ~~al lettft~tri larie~ fSri t~e ~t/J~tK~fS~ri~
fSttfta~p at t~e ElritfSri S0>>leYat~/lf9! lritettKari~el
G. tThe Florida Department of Transportation (FOOT) has made a
determination that the rifSttK~0~ri~ ari~ ~0~t~~0~ri~ fSn taa'tp~ at
t~e If9!/tlrit0ri S0~leiat~ lritettHari~e wlll 0petate at letel fSt
~ettlte t ~~tlri~ ;riri~al ateta~e t0n~ltl0ri~ an~ letel 0t ~etylte
o ~~tlri~ peaK ~e;~0n t0ri~ltl0ri~ wltK0~t wl~eriln~ t~e ta~p~ tt/J
twt/J (21 lane~ an~ etteri~lri~ tHe ta~p~ tt/J ptt/Jtl~e tt/Jt a~e~~ate
~et~e t/Jpetatl0ri~ ramp volumes for the northbound and southbound
on-ramps at the 1-95/Linton Boulevard interchange do not
warrant the widening of the ramps to two (2) lanes during the
next phase of, proposed development. The developer shall
provide to the FOOT a traffic study which shall include
anticipated growth in traffic projections as well as the 8,215
daily tripsl lllSB AM t/Jt 1l12~ PM peaK ~0~t ttlp~ cumulatively
generated through this phase to assist in making the required
determination.
It t0rittatt~ tt/Jt tKe l~ptt/Jte~ent~ l~eritltle~ lri ~~~pataft;p)l~ A
tKt0>>~K r a~t/Jtel Kate ~eeli let ~t a 1i0Iifp~~llt afentt tt/Jt Ifal~
la'tptt/Jte~erit~I tKen ~ettltltatelf 0t 0tt~pantt tt/Jt tKe t~a't~latlYe
~e1elt/Jpa'telit ~eliet;tln~ rit/Jt a't0te t~ar\ 6'0~2 ~allt ttlp~I 7~3 AM t/Jt
716 PM peaK )lfS~t ttlp~ ~Kall rit/Jt ~e l~~~e~ ~litll tt/Jrittatt~ tt/Jt all
la'tptfSYea'terit~ ari~ ~eteta'tlnatlt/Jn~ Kate ~eeri tt/Ja'tplete~'
, "
Planning and Zoning Board'Members
Waterford Place, Notification of Proposed Changes
, Page 5
r~ttHetl tHe 0eiel0p~erit 0t~et ~Hall tet~lriate It tHe l~pt0ie~erit~
l~eritltle~ lri ~~~pata~tapH~ A tHt0~~K r Haie ri0t ~eeri t0~~lete~ ~t
0ete~et Zll 19881 ~rile~~ ari exteri~10ri 0t tHI~ ~ate I~ a~tee~ ~t tHe
~eiel0petl tHe eltt 0t 0eltat SeatHI ari~ 'ltea~~te e0a~t Jte~10rial
'laririlri~ e0~ritlll
CONDITION 18:
18. The developer shall not received building permits for
development generating more than 8,215 daily tripsl IllS8 AM 0t
1ll2Z PM peaK H0~t ttlp~ until t0rittatt~ Haie ~eeri let t0t tHe
t0110wlrit l~pt0ie~erit~ lri pata@tapH~ A ari~ S kSel0W tHe ~e~ltri 0t
wHltH Ha~ kSeeri apptr/de~ 'l>t Pal~ SeatH e0~rittl ari~ t0t ~0te tHari
IllS8 AM 0t 1ll2Z PM peaK H0~t ttIp~ ~ritll tHe ~etet~lriatl0ri~ 'l>t tHe
rl0tl~a 0epatt~erit 0t 'ltari~p0ttatl0ri Haie kSeeri pt0il~e~ to tHe eltt
0t 0eltay SeatH'
AI A ~et0ri~ ri0ttH't>0~ri~ lettft~tri larie Has ~eeri a~~e~ 0ri S0~tHwe~t
10tH Aieri~e at lt~ lritet~ettl0ri wltH tlrit0ri S0~leiat~I
SI A ~et0ri~ ~0~tHkS0~ri~ lettft~tri larie Ha~ kSeeri ~t0il~e~ 0ri
e0ri@te~~ Aieri~e at lt~ lritet~ettl0ri wItH tIrit0ri S0~leiat~'
f/.I t'l'he Florida Department of Transportation (FDOT) has made a
determination that the ri0ttHkS0~ri~ ari~ 80~tHkS0~ri~ 0ri ta~p~ at
tHe If9S/tlrit0ri S0~leiat~ lritettHari@e wIll 0petate at leiel 0t
~etilte f/. ~~tlri~ ariri~al aieta@e t0ri~ltI0ri~ ari~ leiel 0t ~etilte
o ~~tlri~ peaK ~ea~0ri t0ri~ltl0ri8 wItH0~t wl~eriIrii 0petatl0ri8
ramp volumes for the northbound and southbound on-ramps at the
I-95/Linton Boulevard interchanged do not warrant the widening
of the ramps to two (2) lanes during the next phase of proposed
development. The developer shall provide to FDOT a traffic
study which shall include anticipated growth in traffic
projections as well as the 10,395 daily tripsl IlSBZ AM 0t
l/!Zl PM peaK H0~t ttlP8 cumulatively generated through this
phase.
It t0rittatt~ t0t tHe l~pt0ie~erit8 l~eritltle~ lri ~~kSpata@tapH~ A ari~
SI akS0iel Haie kSeeri let kSt a ri0rifp~kSlIt a@eritt f0t ~al~
l~pt0Ye~erit~I t){eri eettlfltate~ 0t 0tt~paritt f 0t tHe t~~~latlie
t0tal 0t ~eiel0p~erit ~erietatIri@ 8/21! ~all; ttlp~I Ill!B AM 0t 1ll2Z
PM peaK H0~t ttlp~ ~Hall ri0t ~e I~~~e~ ~ritll all l~pt0ie~erit~ Haie
kSeeri t0dtplete~'
r~ttHetl tHe 0eiel0p~erit 0t~et ~Hall te~lriate If tHe l~pt0te~erit8
lf4eritlflef4 lri ~n't>pata@tap){~ A arif4 S ){aie ri0t kSeeri t0dtpletef4 kS;
0ete~et Zll 19911 ~rile~~ ari exteri~l0ri 0f tHI~ f4ate l~ a@tee~ to kS;
tHe ~eiel0petl t){e f/.lt; 0f 0elta; Seat){I ari~ 'l'tea~nte f/.0a~t Jte~l0rial
'laririlri~ f/.0~ritlll
, "
Planning and Zoning Board Members
Waterford Place, Notification of Proposed Changes
Page 6
CONDITION 19:
19. The developer shall not receive building permits for
development generating more than 10,395 daily tripsl 1/!S~ AM ;,t
l/!~l PM peaK )!'lISkit ttIp~ until t;,rittatt~ )!.aJfe kSeeri let tllSt t)!.e
t;,ll;,wIri~ l~ptllSJfe~erit~ Iri pata~tap)!.~ ~I S ari~ e kSel;,wl t)!.e ~e~l~ri ;,t
wKIt)!. )!.a~ kSeeri apptllS]#e~ kSt Pal~ Seat)!. ellSkirittl ari~ t;,t ~;,te t){ari
1/!S~ AM ;,t l/!~l PM peaK )!'lISkit ttIp~ kintll t)!.e ~etet~lnatlllSri~ ~t t)!.e
'lllStl~a 0epatt~ent lISt Ttari~pllSttatlllSn )!.a]#e kSeeri pt;,tl~e~ t;, t)!.e eItt
;,t 0eltat Seat)!./
AI tKe tllSri~ttkittlllSri lISt a ~etllSn~ ea~tkS0kiri~ tl~){tft~tri larie 0ri
tIrit0ri S0kileJfat~ at It~ Iritet~ettl0ri wItH S0kit)!.we~t let){
AYeri~e/
SI T)!.e t0ri~tt~ttI0ri 0t a ~et0ri~ we~tkS0~ri~ lettft~tri larie 0ri tIrit0ri
S0kiletat~ at It~ Iritet~ettlllSn wIt)!, SlIS~t){we~t zet)!. ~Yerikie/
e/ T)ie t0ristt~ttlllSri lISt a setllSri~ rillStt)ikSlIS~ri~ tl~)itft~tri lane lIStt
S0~t)iwest letH ~Yeri~e at Its IritetsettI0ri wIt){ tIrit0r1
SllS~leYat~I
'0/ tThe Florida Department of Transportation (FOOT) has made a
determination that the rillStt)!'kS0kiri~ ari~ s0kit){kS0kiri~ lISri tailpi at
t)ie If9!/tIritllSri SlIS~leiat~ lritett)!.ari~e wIll ;,petate leiel lISt
setJfIte e IllkitIri~ ariri~al aieta~e tllSri~ltlllSris ari~ level 0t '0
~~tIri~ peaK ~easllSri tllSrilllItlllSr1s wIt)!'lIS~t wl~eriIr1~ t){e tailps to 2
laries ar1~ ettenlllIri~ t){e tall\p~ tllS ptllSvIllle t;,t a~e~~ate lI\etge
0petatIllSris ramp volumes for the northbound and southbound
on-ramps at the I-95/Linton Boulevard interchange do not
warrant the widening of the ramps to two (2) lanes through
buildout of the proposed development. The developer shall
provide to FOOT a traffic study which shall include anticipated
growth in traffic projections as well as the 12,710 daily
trips I 2/0~S AM lISt 1/9S~ PM peaK )illS~t ttIp~ cumulatively
generated through this phase.
It tllSrittatts tllSt t){e l~ptllSieilerits IllleritItIe~ Iri ikikSpata~tap){i ~
t){tllSki~){ e akSlISye ){aye kSeen let kSt a rillSrifpkikSllt a~eritt tllSt sallll
l~ptllSYe~er1t~1 tKeri eettItItate~ llSt 0ttkiparitt tllSt llleielllSp~erit
gerietatlrig rillSt ~llSte tHari le/~g! ~allt ttIpsI 1/!8~ AM lISt 1/!~Z PM
peaK )illS~t ttIp~ ~)iall rillSt ~e I~skielll kiritll l~ptllSve~erits ){aie kSeeri
tllSilpl etelll I
Further, the Development Order shall terminate if t)ie lilptllSieileriti
l~eritItIe~ In ~kikSpata~tap){~ A t){t0~~){ e )!.aie rillSt kSeeri t0~plete~ arilll
FOOT has not made the determination required Iri skikSpata~tap){ '0 by
March 31, 1993 unless and extension of this date is agreed to by the
developer, the City of Delray Beach, and Treasure Coast Regional
Planning Council.
., "
Planning and Zoning Board Members
Waterford Place, Notification of Proposed Changes
.' Page 7
CONDITION 22:
The applicant requests a change in this condition to:
- Increase the traffic generation trigger from 6073 ADT to 6711 ADT.
- To base the four-laning of S.W. 10th Ave., turn lanes at S.W. 10th
Ave./Lindell Bl vd. , and traffic signal installation on an
intersection analysis.
Please see the Appl icant ' s requested language on page 13-5 in the
formal Notification attachment.
While this proposal is satisfactory in concept, the proposal as
written is not specific enough to enforce. A more complete
statement of the condition in light of current conditions would be:
22A: Prior to issuance of Certificates of Occupancy for the General
Retail use, the south approach of S.W. 10th Ave. at Linton
Blvd. shall be improved to the ultimate section as approved by
Palm Beach County and the City of Delray Beach.
22B: Within three months of the date of issuance of Certificates of
Occupancy for the General Retail use, an analysis of the
intersection at S.W. 10th Ave/Lindell Blvd. shall be submitted
which shall determine if a traffic signal at the intersection
is warranted. If warranted, the siqnal shall be installed by
the developer within three months of a directive by the City of
Delray Beach. If not warranted, the requirement for an
intersection analysis shall become a requirement of the annual
report by the developer. If and when the intersection analyses
show that a traffic signal is warranted, the siqnal shall be
installed by the developer within three months of a directive
by the City of Delray Beach.
22C: An intersection analysis of the intersection of S. W. 10th
Ave/Lindell Blvd. and capacity determination for S.W. 10th Ave.
shall be submitted with each site plan for further development
in the Waterford Place DRI. Based upon such analysis and when
so determined by the City, the Developer shall improve the
intersection and shall complete the four-lane section of S.W.
10th Avenue between Linton Blvd. and Lindell Blvd.
220: The developer shall submit plans to de-emphasize Lindell Blvd.
as a collector road with any site plan for further development
of the Waterford Place DR!. Such plans shall address, amonq
other alternatives, the realignment of Lindell Blvd. into the
Waterford Place Office Park. Designs to so deempahsize traffic
use on Lindell Blvd. may be required through site plan
conditions.
., "
Planning and zoning Board'Members
Waterford Place, Notification of Proposed Changes
Page 8
ALTERNATIVE ACTIONS:
Relative to Substantial Deviation.
Since the proposed changes fall within the guidelines of
Chapter 380.06 (19), F.S., the only appropriate action is that
of a finding that the changes do not constitute a substantial
deviation.
Relative to Conditions 17, 18, and 19.
Use the language as requested in the Applicant's submittal, or
the language per the staff report.
Relative to Condition 22.
Use the language as requested in the Applicant's submittal, or
the language per the staff report.
RECOMMENDED ACTION:
A recommendation to the City Commission that:
1. The proposed changes to the Waterford Place DRI do not
constitute a substantial deviation.
2. The proposed changes to the Waterford Place DRI-DO conditions
be approved as amended by this staff report.
T:\ADVANCEO\WATERFOS.DOC
r "
.
MEMORANDUM
TO: RUTH SWANSON, SECRETARY III
FROM: PLANNING DEPARTMENT
RE: SCHEDULING OF A PUBLIC HEARING FOR THE DETERMINATION
OF SUBSTANTIAL DEVIATION FOR WATERFORD/DELINT DRI
DATE: FEBRUARY 9, 1993
The above item is scheduled for the February 23rd City
Commission agenda.
Attached is a copy of the advertisement for this item.
Thanks.
c: Alison MacGregor Harty, City Clerk
, "
NOTICE OF PUBLIC HEARING
The City Commission of the City of Delray Beach will conduct a
Public Hearing for the purpose of determining whether the
proposed changes to a Previously Approved Development of
Regional Impact (DRI) represents a Substantial Deviation as
defined by FS 380.06(19), and whether further development of
regional impact review is required.
The proposed modifications involve changing certain conditions
of the previously approved Waterford Place/Delint Development of
Regional Impact Development Order (DRI-OO) and Special
Activities District (SAD) namely;
- An extension of the build out date to June 30, 1997;
- Modifications to Development Order conditions 17, 18,
and 19 which affect the timing of certain improvements
and traffic studies.
- Modification of Development Order local condition 22,
changing the basis upon which the requirement to
four-lane S.W. 10th Ave. and signalize the
intersection of S.W. 10th Ave/Lindell Blvd. is to be
made.
The Waterford Place/Delint DRI site lies south of Linton
Boulevard and is bounded on the west by 1-95, on the north by
Lindell Boulevard (if extended west); on the east by Lindell
Boulevard and Dotterel Road; and on the south by Audubon
Boulevard.
The City Commission will conduct a Public Hearing on the
Determination of Substantial Deviation to the Waterford
Place/Delint Development of Regional Impact (DRI), on February
23, 1993, at 7:00 P.M.; in the City Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, for the
purpose of receiving public comment on the proposed changes.
All interested citizens are invited to attend this public
hearing and comment upon the proposed changes to the Delint DRI.
The request may be inspected at the Planning Department Office,
City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444,
Phone 407/243-7040, between the hours of 8:00 A.M. and 5:00
P.M.; on weekdays (excluding holidays).
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 person(s) will need
., "
. publiC ~otice
page '2
.
t~~& purpO&e &uc~
oceed~t\g&. at\d to:S: co:s:d ~t\c1ude& t~e
a :s:eco:s:d ot t~e:etO 9:t\&u:s:e t~at a "e:s:!>at~ :s:~~ to j)8 !>ased- 't~e
pe:s:&ot\(&) me1 ~~~det\ce U90t\ ~\>~c\> t~~ ~~:s:d-
te&t~-ot\~ at\ :s:o,,~de 0:S: 9:s:e9a:s:e &Uc
Cit"i doeS not P
't"i OF Ot:L\lJI."i 1lt:J>,ClI
~i~&ot\ MacG:s:ego:s: aa:s:t~
l'u!>H&\>, ~ lle~& c~t~ C1e:s:1<
-oel1:ay Beac
Fe!>"ua:s:1 12. 1993
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'f 1 00)
SUBJECT: AGENDA ITEM it ,0. B. - MEETING OF FEBRUARY 23. 1993
ORDINANCE NO. 20-93
DATE: February 19, 1993
This is second reading of an ordinance amending the Land Development
Regulations by enacting a new Section 4.4.26, "Light Industrial (LI)
District" , and amending Section 4.3.4{K), "Development Standards
Matrix" , to provide for the inclusion within the matrix of minimum
development standards for the Light Industrial Zone District.
The LI Zone District provides an opportunity to site, develop and
maintain high quality industrial land uses outside of an industrial
park setting. It also allows certain industrial land uses in areas
which are considered to be environmentally or aesthetically sensitive.
This is possible because of the strict development standards provided
in the ordinance.
The Planning and Zoning Board at their January 28th special meeting
recommended approval, as did the Community Redevelopment Agency at
their February 2nd meeting. A detailed staff report is attached as
backup material for this item.
At the February 9th regular meeting, Ordinance No. 20-93 was passed on
first reading by a vote of 5-0.
Recommend approval of Ordinance No. 20-93 on second and final reading.
p~ 5-0
- -
.
.-
.
ORDINANCE NO. 20-93 i
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
II REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF OROINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING ANEW SECTION 4.4.26, "LIGHT
I INDUSTRIAL (LI) DISTRICT"; AMENDING SECTION 4.3.4 (K) ,
I "DEVELOPMENT STANDARDS MATRIX", TO PROVIDE FOR THE
INCLUSION WITHIN THE MATRIX OF MINIMUM DEVELOPMENT
STANDARDS FOR THE LIGHT INDUSTRIAL ZONE DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
- - AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meetings of January
11, 1993, and January 28, 1993, and has forwarded the change with a
recommendation of approval; and,
I WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and zoning Board, sitting as the Local Planning Agency, has
11 determined that the change is not inconsistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
:!
II THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1 Section 1. That Chapter 4, "Zoning Regulations", Article
,
I 4.4, "Base Zoning District", of the Land Development Regulations of
II the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting a new Section 4.4.26, "Light
Ii Industrial (LI) District", to read as follows:
II
'i Section 4.4.26 Liqht Industrial (LI) District
I,
:1 (A) Purpose and Intent: The Light Industrial Zone
;1 District provides an opportunity to site, develop, and maintain high
(I quality industrial land use outside of an industrial park setting.
1/ It also allows certain industrial land uses to be located in areas
which are considered to be environmentally or aesthetically
I! sensitive. This LI District is appropriate in such areas due, in
iI
~ i part, to the development standards which are more strict than those
~ ! found in the "I" and "MIC" Districts.
While the LI District has flexibility in its application
(it is compatible with both Industrial and Commerce designations on
the Future Land Use Map), it is not to be applied to small lots or
other circumstances which would lead to non-conforming site
development.
(B) Principal Uses and Structures Permitted: The
following types of uses are allowed within the Light Indu&trial (LI)
Zone District as a permitted use:
(1) Research and Development: Research and
Development (R&D) uses involve either some degree of product
creation, testing, evaluation, and development or the providing of
testing and evaluation services for products produced by others.
However, this use does not include the actual manufacture, assembly,
fabrication, or other processing techniques which result in either
the distribution or sale, either wholesale or retail, of products
from the premises. Further, materials used in such testing and
evaluation shall not exceed an aggregate amount of twenty-five (25)
gallons per gross acre of land area for any material which is listed
on the Regulated Substance list as maintained per Section 4.5.5 (B)
(Wellfield Protection) .
I
I'
~ ~
(2) Wholesaling, Storage, and Distribution: The
wholesaling, storage, and distribution of any product which does not
involve the handling of any material which is listed on the Regulated
Substance list as maintained per Section 4.5.5(B) (Wellfield
Protection). .
(3) Industrial (manufacturing, assembly): Only
manufacturing and assembly operations are allowed and then only to
the extent that any materials used in such operations shall not
exceed an aggregate amount of twenty-five (25) gallons per gross acre
of land area for any material which is listed on the Regulated
Substan~_ list as maintained per Section 4.5.5(B) (Wellfield
Protection) .
(4) Office: General business offices and business
services are allowed. However, professional offices dealing with
medical activities and medicine are not permitted.
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Parking lots
I (2) Refuse storage areas
(3) Monitoring Wells.
I (4) Retailing of items produced on the premises but
. only to the extent of no more than 10% of the
I floor area of the structure or use area devoted
i to the item, but in no case to exceed 1,000
I sq. ft. of display and sales area.
I (5) Repair: Repair use is allowed only to the extent
that it is consistent with or for items whi9h may
[ be manufactured or assembled within this zone
Ii district.
:1
:\ (D) Conditional Uses and Structures Allowed: The
'I f~llo~ing uses are allowed as conditional uses within the LI Zone
DJ.strJ.ct:
II
Ii (1) Rental and Sales of Modular Structures
:i (2) Communication Facilities
:1 (3) Food preparation and/or processing including
: bakeries and catering operations
II (4) Principal Uses which require the storage and/or
II use of regulated substances in a manner other
than allowed under Subsection (B).
il (E) Review and Approval Process:
II (1) In established structures, uses shall be allowed
I therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
I (2) For any new development, approval must be granted
II by the Site Plan Review and Appearance Board pursuant to Sections
i 2.4.5(F), (H) and (I).
I
!, (3) Conditional uses must be reviewed and approved
Ii pursuant to Section 2.4.5(E).
'I
\,
:' (F) Development Standards: The development standards as
:I! set forth in Section 4.3.4 shall apply except as modified herein.
. (1) For each foot in height above twenty-five feet
i (25'), front and street-side setbacks shall be increased by one foot
I (1') .
iI
- 2 - Ord. No. 20-93
.
II
I (2) The LI Zone District shall no~ be applied to any
II lot which does not meet these standards; however, under a unified
i development plan which contains control for site maintenan~e ~nd
I provides for cross-access and mutual use, lots below the D~str~ct
d minimum may be created for'ownership purposes only, provided that the
:1 minimum development area requirements are met.
i/ (G) Supplemental District Regulations: The Supplemental
Ii District Regulations as set forth in Article 4.6 shall apply except
II as provided for herein.
i __ (1) Truck and Equipment Storage: Trucks, vans, and
i equipment may be stored in designated areas provided that such areas
i shall not be located along collector or arterial roadways or across
[I from residential properties. Such areas shall be screened from view
Ii from adjacent properties and rights-of-way in a manner approved by
I, the Site Plan Review and Appearance Board.
II (H) Special District Regulations: The following
I regulations apply on property zoned LI.
Ii
Ii (1) Overhead doors shall not face adjacent
i1 rights-of-way except when it is clearly demonstrated that no
. opportunity exists to do otherwise.
,
,i (2) All required setback areas shall be landscaped
,j with no paving excep~ for drivewars and walkways leading to
II structures on the prem~ses. Such dr~veways and walkways shall be
i generally perpendicular to the property line.
!I
I
': (3) A minimum floor area of, at least, 4,000 sq. ft.
:1 per tenant or bay shall be provided with the exception of office
il (business) uses.
! (4) All industrial operations and activity on the
': premises, except loading and unloading, shall be conducted wholly
Ii wi thin an enclosed building.
'! (5) Attention is drawn to Section 4.5.5 (B) (Wellfield
i Protection) and Section 4.4.20 (Industrial Zone District) as they
!. pertain to uses allowed in this LI District and protection of
[I municipal wells and well fields.
;1 Section 2. That Chapter 4, "Zoning Regulations", Article
1, 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base
Ii 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
amended by adding the following standards for the Light Industrial
(LI) District to the Matrix:
Minimum Development Area 1 acre (43,560 sq.ft.l
Minimum Lot Size 20,000 sq. ft.
Lot Frontage 100 feet
Lot Depth & Width Not applicable or "0"
Maximum Lot Coverage* 50% (by buildings)
Minimum Floor Area Not applicable
Perimeter Setback Not applicable
Front Yard Setback 10 feet
Side Street Setback 10 feet
Side Yard Setback 5 feet
Rear Yard Setback 10 feet
Height 48 feet
*In addition to lot coverage, a minimum of 25%
non-vehicular open space shall be provided. Interior and
perimeter landscaping may be applied toward meeting this
requirement.
- 3 - Ord. No. 20-93
'. I ."
~ -
i .-
I
I
I 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
I
I decision shall not affect 'the validity. of the remainder hereof as a
q whole or part thereof other than the part declared to be invalid.
:j
" Section 4. That all ordinances or parts of ordinances
11
'i which are in conflict herewith are hereby repealed.
"
II
II Section 5. That this ordinance shall become effective ten
(10) day~ 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.
I
i!
II MAYOR
I
I, ATTEST:
iI
I,
:i
Ii City Clerk
:'
!1 First Reading
il
;1 Second Reading
'i
:;
- 4 - Ord. No. 20-93
~-"--
.
{II<
f~/1
C I T Y COM MIS S ION DOCUMENTATION
TO: ~D T. HARDEN, CITY MANAGER
'~~~~
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 9, 1993
FIRST READING, ORDINANCE AMENDING LDRs BY ADDITION OF
A NEW ZONE DISTRICT - LIGHT INDUSTRIAL (LI)
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 amendment is that of creating a new zone district
entitled Light Industrial (LI). It will be Section 4.4.26.
BACKGROUND:
The initiative for creating this new zoning district came from
the CRA P~an which calls for establishment of industrial zoning
in the general area between Carver Estates and S.W. 10th Street.
This area is in the vicinity of the Series 20 Wellfield. Please
see the "history" portion of the P&Z Staff Report for more
background.
The proposed District provides for some control of "regulated
substances" beyond that afforded by the Wellfield Protection
Ordinance. It also contains development standards (lot area,
development area, scaled height requirements) which are more
restrictive than those found in the existing Industrial and MIC
Districts. It also does not include certain uses e.g. auto
repair, service contractors; and does contain a minimum tenant
(bay) requirements (4,000 sq.ft.). These standards are intended
to assure that the application of this new zoning district does
not become misused in the future. Again, please refer to the
Planning and Zoning Board staff report for a full description
and analysis of the proposed district.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
Special Meeting held on January 28, 1993 (continuation from
January 11th). There was no public comment on the item. After
review (the Board had previously conducted a worksession on the
subject), the proposed District was forwarded on a 4-0 vote.
,
City Commission Documentation
First Reading, Ordinance Amending LDRs by Addition
of a New Zone District - Light Industrial (LI)
Page 2
COMMUNITY REDEVELOPMENT AGENCY REVIEW:
The CRA has scheduled a special meeting on Thursday, February
4th in order to review this and other LOR amendments. Their
comments, if any, will be presented at the City Commission
meeting.
RECOMMENDED ACTION:
By motion, approval on-first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of January 11, 1993
DJK/CCINDZN.DOC
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LOR TEXT AMENDMENT RE NEW ZONING DISTRICT
TITLED "LIGHT INDUSTRIAL" (LI)
I T E M B E FOR E THE BOARD
The item before the Board is that of making a
recommendation_ to the City Commission on the adoption
of a new zoning district. The name of the new district
is Light Industrial Zone District.
At the present time there is no application of this new
district on the Official Zoning Map; however, once it
is adopted, it anticipated that a private petition will
be made for its application in the vicinity of SW 10th
Street and SW 14th Street.
B A C K G R 0 U N D
Zoning History: Prior to the adoption of the new LDRs in
October, 1990, there were two industrial zone districts, the
Industrial ( I ) and the Light Industrial ( LI ) . Also, there
was the Mixed Industrial and Commercial District (MIC) and
Planned Commerce Center ( PCC) . These latter districts
allowed the same range of uses as found among the permitted
uses ot the I and LI Districts. The previous LI District
was only slightly different from the previous I District.
It also accommodated several uses which were not industrial
in nature. Upon adoption of the LDRs, the hierarchy of
industrial zoning was as follows:
* "PCC" accommodates industrial land use within a
planned, industrial park environment. Only indoor uses
were accommodated.
* "MIC" initially accommodated only indoor uses. Uses
were allowed on individual parcels and were not
required to be in an industrial park environment. MIC
was applied on former LI parcels. Essentially, the MIC
is a light industrial district with allowance of some
commercial (retail) use. In 1991, the MIC District was
modified to accommodate certain outdoor uses, but only
as conditional uses.
* "I" accommodates all industrial uses. Those which are
generally conducted indoors are permitted as principal
uses; those which have outside components are allowed
only through the conditional use process.
, ' "
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 2
Comprehensive Plan Direction: Within the Comprehensive Plan
there are several policies which call for examination of
land use within wellfields (water supply) and the creation
of a new industrial zone distriqt which would be compatible
with environmental concerns associated with wellfield
protection. Please refer to the report, Wellfield
Protection Issues, which was prepared for consideration in
Plan Amendment #93-l. This proposed LI Zone District
addresses those issues and also is responsive to Policy
A -5 .15 of the _Land Use Element which calls for the
creation of such a zone to be applied to the vacant lands in
the vicinity of the Series 20 Wellfield.
The undeveloped land around the Series 20 Wellfield had been
designated and zoned as Industrial prior to adoption of the
Comprehensive Plan in 1989. The 1990 Comprehensive Plan
called for non-industrial land use; upon adoption of the
LDRs, the area was zoned as Medium Density Residential (RM) .
Upon further review of the land use situation in that area,
the Community Redevelopment Agency (CRA) recommended that a
"clean" industrial district be created and applied there
(and elsewhere where it would be appropriate).
The concept of re-applying industrial land use into the
Series 20 Wellfield area was tested in Plan Amendment 92-2
through which a built, non-conforming industrial use was
brought into Plan compliance through an amendment to the
Future Land Use Map (King, Transitional to Industrial). The
analysis for that Amendment alluded to the expansion of the
specific property to the larger, undeveloped area. Plan
Amendment 92-2 was processed, reviewed, and approved without
comment on this issue. Expansion of this land use
designation within the Series 20 Wellfield area will occur
with Plan Amendment 93-2.
PRO P 0 SED T E X T
(New) Section 4.4.26 Light Industrial (LI) District
(A) Purpose and Intent: The Light Industrial Zone
District provides an opportunity to site, develop, and
maintain high quality industrial land use outside of an
industrial park setting. It also allows certain industrial
land uses to be located in areas which are considered to be
environmentally or aesthetically sensitive. This LI
District is appropriate in such areas due, in part, to the
development standards which are more strict than those found
in the "I" and "MIC" Districts.
.
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 3
While the LI District has flexibility in its application (it
is compatible with both Industrial and Commerce designations
on the Future Land Use Map), it is not to be applied to
small lots or other circumstances which would lead to
non-conforming site development.
(B) Principal Uses and Structures Permitted: The
following types of uses are allowed within the Light
Industrial (LI) Zone District as a permitted use:
( l) Research and Development: Research and
Development (R&D) uses involve either some degree of product
creation, testing, evaluation, and development or the
providing of testing and evaluation services for products
produced by others. However, this use does not include the
actual manufacture, assembly, fabrication, or other
processing techniques which result in either the
distribution or sale, either wholesale or retail, of
products from the premises. Further, materials used in such
testing and evaluation shall not exceed an aggregate amount
of twenty-five (25) gallons per gross acre of land area for
any material which is listed on the Regulated Substance list
as maintained per Section 4.5.5(B) (Wellfield Protection).
(2) Wholesaling, Storage, and Distribution: The
wholesaling, storage, and distribution of any product which
does not involve the handling of any material which is
listed, on the Regulated Substance list as maintained per
Section 4.5.5(B) (Wellfield Protection).
(3) Industrial (manufacturing, assembly) : Only
manufacturing and assembly operations are allowed and then
only to the extent that any materials used in such
operations shall not exceed an aggregate amount of
twenty-five (25) gallons per gross acre of land area for any
material which is listed on the Regulated Substance list as
maintained per Section 4.5.5(B) (Wellfield Protection).
(4) Office: General business offices and
business services are allowed. However, professional
offices dealing with medical activities and medicine are not
permitted.
(C) Accessory Use and Structures Permitted: The
following uses are allowed when a part of, or accessory to,
the principal use:
( 1) Parking lots.
(2) Refuse storage areas
(3 ) Monitoring Wells
,
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled IILight
Industrialll (LI)
Page 4
(4) Retailing of items produced on the premises
but only to the extent of no more than 10' of
the floor area of the structure or use area
devoted to the item, but in no case to exceed
1,000 sq. ft. of display and sales area.
(S) Repair: Repair use is allowed only to the
extent that it is consistent wi t-h or for
items which may be manufactured or assembled
within this zone district.
(D) Conditional Uses and Structures Allowed: The
following uses are allowed as conditional uses within the LI
Zone District:
(1) Rental and Sales of Modular Structures
(2) Communication Facilities
(3) Food preparation and/or processing including
bakeries and catering operations
(4) Principal Uses which require the storage
and/or use of regulated substances in a
manner other than allowed under Subsection
(B) .
(E) Review and Approval Process:
( 1) In established structures, uses shall be
allowed therein upon application to, and approval by, the
Chief ~uilding Official for a certificate of occupancy.
(2 ) For any new development, approval must be
granted by the Site Plan Review and Appearance Board
pursuant to Sections 2.4.S(F), (H), and (I).
(3) Conditional uses must be reviewed and
approved pursuant to Section 2.4.S(E).
(l) Development Standards: The development standards
as set forth in Section 4.3.4 shall apply except as modified
herein.
(1 ) For each foot in height above twenty-five
feet (2S'), front and street-side setbacks shall be
increased by one foot (1').
(2) The LI Zone District shall not be applied to
any lot which does not meet these Standards; however, under
a unified development plan which contains control for site
maintenance and provides for cross-access and mutual use,
lots below the District minimum may be created for ownership
purposes only, provided that the minimum development area
requirements are met.
.
P&Z Staff Report
LOR Text Amendment Re New zoning District Titled "Light
Industrial" (LI)
Page 5
The Standards which are to be added to the MATRIX of Section
4.3.4 are:
- Minimum Development Area 1 acre.(43,560 sq.ft.)
- Minimum Lot Size 20,000 sq. ft.
- Lot Frontage 100 feet
- Lot Depth & Width not applicable or "0"
- Maximum Lot Coverage. 50' (by buildings)
- Minimum Floor_~rea not applicable
- Perimeter Setback not applicable
- Front yard setback 10 feet
- Side Street setback 10 feet
- Side yard setback 5 feet
- Rear yard setback 10 feet
- Height 48 feet
. In addition to lot coverage, a minimum of 25'
non-vehicular open space shall be provided. Interior
and perimeter landscaping may be applied toward meeting
this requirement.
(G) Supplemental District Regulations: The
Supplemental District Regulations as set forth in Article
4.6 shall apply except as provided for herein.
(1) Truck and Equipment Storaqe: Trucks, vans,
and equipment may be stored in designated areas provided
that s~ch areas shall be not be located along collector or
arterial roadways or across from residential properties.
Such areas shall be screened from view from adjacent
properties and rights-of-way in a manner approved by the
Site Plan Review and Appearance Board.
(H) Special District Regulations: The following
regulations apply on property zoned LI.
(1 ) Overhead doors shall not face adjacent
rights-of-way except when it is clearly demonstrated that no
opportunity exists to do otherwise.
(2) All required setback areas shall be
landscaped with no paving except for driveways and walkways
lading to structures on the premises. Such driveways and
walkways shall be generally perpendicular to the property
line.
(3) A minimum floor area of, at least, 4,000
sq. ft. per tenant or bay shall be provided with the
exception of office (business) uses.
., ' "
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" (LI)
Page 6
(4) All industrial operations and activity on the
premises, except loading and unloading, shall be conducted
wholly within an enclosed buildi~g.
(5) Attention is drawn to Section 4.5.5(B)
(Wellfield protection) and Section 4.4.20 (Industrial Zone
District) as they pertain to uses allowed in this LI
District and protection of municipal wells and wellfields.
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A N A L Y S I S
The proposed LI District will achieve the objectives of a
zone district which will require quality development because
of its development standards. Also, provisions are made to
regulate use based upon use of chemicals (regulated
substances) which may be detrimental within wellfield
protection zones. However, provision is. made for uses to go
through the conditional use procedures when significant
quantities of regulated substances will be on-site, but for
which adequate safeguards for their handling will be
provided and maintained.
A few new concepts e.g. increased setbacks for increases in
building height and now applying the District to substandard
properties along with a borrowed concept (from PCC) of
minimum tenant or bay sizes are provided. Also, the focus of
this District to have compatible land uses which do provide
for employment opportunities. It is not necessary an
exclusive zone district where allowable uses are to
compliment one another; thus, provisions have been made to
allow general office use as a permitted use. However, some
office use such as those which are medically related are not
accommodated since there may be an incompatibility between
medical clients and industrial users.
Of significance is what is not in this proposed District.
There are not provisions for "service industrial" or
"contractors" such as pool maintenance, landscape
maintenance, roofers, plumbers and electricians. Nor are
there provisions for repair of engines of any kind, nor any
kind of automotive, boat, etc. repair. Also, any outside
activity such as storage of materials, storage of vehicles
(such as for an auto dealer) and the like is not
accommodated.
-
P&Z Staff Report
LDR Text Amendment Re New Zoning District Titled "Light
Industrial" eLl)
Page 7
It may be appropriate, within a short while, to consider
applying this new zone district to properties on the west
side of Congress, north of Atlantic and elsewhere where
greater control of Commerce Land Use which is zoned MIC is
desired.
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RECOMMENDED ACTION
Since this proposed zone district is more stringent that the
existing "I", "MIC" and "PCC" Districts, it is felt that it
should be adopted and applied to the zoning map. Since it
will not be applied until a specific private petition comes
forward, we will have further time to evaluate the standards
and provisions contained wi thin it. At the time of first
application, adjustments can be considered.
Thus, by motion, forward the proposed LI Zone District to
the City Commission with a recommendation of approval.
Report prepared by:
T:PZLIZONE
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
/1
FROM: CITY MANAGER' . 'Iv . I
SUBJECT: AGENDA ITEM it 10. C. - MEETING OF FEBRUARY 23. 1993
ORDINANCE NO. 2-93
DATE: February 19, 1993
This is second reading of an ordinance creating a Housing Trust Fund
and an Affordable Housing Advisory Committee in conjunction with the
State Housing Initiative Partnership (SHIP) program.
The ordinance also provides for the the establishment of a Local
Housing Partnership, local housing assistance program, and the
creation of an Affordable Housing Incentive Plan. A detailed staff
report is attached as background material for this item.
Recommend approval of Ordinance No. 2-93 on second and final reading.
p~ 6-0
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: FIRST READING - ORDINANCE '2-93 AS REQUIRED BY RULE 91-37
OF THE FLORIDA ADMINISTRATIVE CODE
DATE: FEBRUARY 4, 1993
ITEM BEFORE THE COMMISSION:
- -
First reading of the proposed ordinance required under Rule 91-37
covering the SHIP Program providing for the creation of a Housing
Trust Fund, providing for the intent and purpose of the Local
Housing Assistance Program, designating the administrative
function and responsibility, providing for the creation of an
Affordable Housing Advisory Committee and other provisions
pursuant to guidelines adopted under the Rule, which was
effective November 27, 1992.
BACKGROUND:
The State requirements for a Commission-appointed Affordable
Housing Advisory Committee and the required Ordinance for
participation in the State Housing Ini tiatives Partnership
Program (SHIP), was introduced by staff to the City Commission at
the workshop meeting of January 5, 1993. The Ordinance that is
now before you for first reading is pursuant to Section 91-37.004
of the Rule. The same requires that Cities and/or Counties to be
eligible for funds under the SHIP Program, must adopt an
ordinance containing:
(1) The creation of an Affordable Housing Assistance Trust
Fund. This will be the depository created by the City to
which SHIP funds are distributed.
(2) Establishment of a Local Housing Assistance Program -
which is the locally determined program of what the City
will do with SHIP funds once received.
(3) Designation of the responsibility for the implementation
and administration of the Local Housing Assistance Program.
(4) Creation of the Affordable Housing Advisory Committee
who will be responsible for making recommendations to the
Commission on various incentives to provide affordable
housing, including regulatory reform. Their recommendations
are used in the development of the Affordable Housing
Incentive Plan.
.
.
Page 2
David Harden
First Reading - SHIP Ordinance
The Ordinance is developed in compliance with va~ious sections of
Rule 91-37 incorporating all required language and commitments.
The City will be responsible for submitting the detailed Housing
Assistance Plan to be approved by the State Housing Finance
Agency by prior to June 1, 1993. Staff will also be working with
the Affordable Housing Aqv.isory Committee to develop the Housing
Incentive Plan, which must be approved by the City Commission and
submitted to the State within 12 months of the adoption of this
Ordinance.
RECOMMENDATION:
Staff is recommending City Commission approve the proposed
ordinance on first reading and hold the required public hearing
on the same at the next regularly scheduled meeting. The
ordinance should be effective no earlier than 30 days after
adoption.
LB:DQ
Attachments
SHIP.2
ORDINANCE NO. 2-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM, PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE CREATION OF THE LOCAL
HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR THE
ESTABLISHMENT OF !l'HE LOCAL HOUSING PARTNERSHIP;
PROVIDING FOR THE INTENT AND PURPOSE OF THE LOCAL
HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE
ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM;
DESIGNATING THE RESPONSIBILITY FOR THE IMPLEMENTATION
AND ADMINISTRATION OF THE LOCAL HOUSING ASSISTANCE
PROGRAM; PROVIDING FOR THE CREATION OF AN AFFORDABLE
HOUSING ADVISORY COMMITTEE; PROVIDING FOR GUIDELINES TO
BE UTILIZED BY SAID COMMITTEE IN ADOPTION OF
RECOMMENDATIONS FOR THE AFFORDABLE HOUSING INCENTIVE
PLAN; PROVIDING FOR ADOPTION OF THE AFFORDABLE HOUSING
INCENTIVE PLAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida under specific authority
established by State Statute has established the Housing
Initiative Partnership (SHIP) Program,
WHEREAS, the rules established the procedures by which
the Florida Housing Finance Agency shall administer the State
Program,
WHEREAS, the program was developed to provide funds to
local governments as an incentive to create partnerships to
produce and preserve affordable housing,
WHEREAS, the City of Delray Beach is eligible to
receive funds to implement eligible activities as an Entitlement
City under the Department of Housing and Urban Development,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
SECTION I. DEFINITIONS
The definitions as set forth in Florida Statutes 420.9071 and
Florida Administrative Code 91-37.002 and as may be amended from
time to time are hereby adopted by reference and made a part
hereof as if fully set forth herein.
1
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SECTION II. CREATION OF THE LOCAL HOUSING ASSISTANCE TRUST FUND
A. The Local Housing Assistance Trust Fund is hereby created and
established by the City of Delray Beach pursuant to policies and
procedures established by the Finance Director. The City shall
have deposited all monies received or budgeted to provide funding
for the LHAP into the Local Housing Assistance Trust Fund.
Administration of the Trust Fund shall comply with Rule 91-
37.007, Florida Administrative Code.
B. Expenditures other than for the administration and
implementation of the Local Housing Assistance Program shall not
be made from the Local Housing Assistance Trust Fund.
C. Amounts on deposit in the Local Housing Assistance Trust Fund
shall be invested pursuant to established policies approved by
the City Commission and administered by the Director of Finance
for the City of Delray Beach. All investment earnings shall be
retained in the Trust Fund and used for the purposes thereof.
D. The City of Delray Beach shall provide for the Local Housing
Assistance Trust Fund to be separately stated as a special
revenue fund in the City's audited financial statements. Copies
of such audited financial statements shall be forwarded to the
Florida Housing Finance Agency as soon as such statements are
available.
SECTION III. CREATION OF THE LOCAL HOUSING PARTNERSHIP
A. The City staff will work cooperatively with businesses and
local agencies to create a Local Housing Partnership to
facilitate implementation of various activities defined within
the Housing Assistance Plan. The Partnership shall include, but
is not limited to Community based organizations, for profit
housing developers, lending institutions, providers of
professional services related to affordable housing and service
organizations working on behalf of persons with special housing
ne ed s .
B. The Local Housing Partnership shall assist with
implementation of the Local Housing Assistance Program in a
manner that provides support services for housing program
beneficiaries such as training to prepare persons for the
responsibility of homeownership, counseling of tenants, and the
establishment of support services necessary to carry out
affordable housing activities as defined by the City of Delray
Beach. Activities implemented cooperatively with the Partnership
shall be consistent with policies establi shed within this
Ordinance, Florida Statutes and Rule 91-37, Florida
Administrative Code.
2
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SECTION IV. INTENT AND PURPOSE OF THE LOCAL HOUSING ASSISTANCE
PROGRAM
A. The intent of the Local Housing Assistance Program is:
( 1) To increase the availability of affordable housing
units by combining local resources and cost-saving measures
into a Local housing Partnership and using private and
public funds to reduce the cost of housing.
(2) To promote and assist in achieving the growth management
goals contained in the City's approved Comprehensive Plan,
providing for housing units that are affordable to persons
who have special housing needs, very low-income, low-income
and moderate income households.
(3 ) To promote innovative design of eligible housing that
provides for cost savings and flexible design options
without compromising the quality of decent standard housing.
(4) To provide for the preservation of existing housing
units normally occupied by low and moderate income persons,
providing for decent, safe and standard housing.
(5) To promote mixed-income housing within the City,
providing for affordable housing opportunities for persons
who may have special housing needs and who are moderate to
very low-income eligible households.
(6) To build the organizational and technical capacity of
community-based organizations so as to optimize the role of
these organizations in the production of affordable housing.
SECTION V. ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM
A. The Local Housing Assistance Program is hereby created and
established. The City of Delray Beach shall use the funds
received from the State pursuant to the State Housing Initiative
Partnership Act (SHIP) to implement the Local Housing Assistance
(LHAP) Program. The funds shall be distributed in the following
manner:
(1) Ninety percent (90%) of the funds shall be used by the City
to implement the following locally designed strategies:
(a) New Construction - Eligible sponsors shall be awarded
funds to construct eligible housing for eligible persons.
(b) Rehabilitation - Eligible persons who own and occupy
substandard housing units shall be awarded funds to renovate
such units as eligible housing.
3
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(c) Purchase Assistance - Ownership opportunities shall be
created for eligible persons through mortgage interest
reductions, and/or low interest loans for down payments and
closing costs.
(d) Acquisition/Rehabilitation - Eligible sponsors shall be
awarded funds to acquire existing hou~ing units for
renovation to provide housing for eligible persons.
(e) Impact Fee Assistance - Eligible sponsors shall be
awarded funds for the payment of impact fees for eligible
housing for eligible persons.
(f) Land Bank - The City may through purchase or donation,
acquire land independent of a specific project for the
expressed purpose of providing eligible housing at a future
date.
(g) The City staff assigned to administer the SHIP funds
shall work with lending institutions to meet their
obligation under the Community Reinvestment Act (CRA) to
affirmatively address the credit needs of the entire
community. In meeting their obligation, they shall be
encouraged to engage in activities that include, but are not
limited to: (1) increase efforts to make loans for home
mortgages and home improvements in conjunction with
government insured lending programs and to make loans with
high loan to value ratios when there is private mortgage
insurance; (2) provide assistance to existing community-
based housing development programs or emerging
organizations; (3) work with the city and eligible sponsors
to provide low-cost loans, interest point buydown programs
and other cost-sharing and cost-saving mechanisms in order
to facilitate homeowners hip for lower income households or
persons having special housing needs.
(h) To facilitate the production of affordable housing by
community based organizations, the City in cooperation with
the Local Housing Partnership shall assist the local based
organizations to structure financial packages from a variety
of sources such as banks and other lending institutions,
consortia or corporate and philanthropic organizations,
foundations and/or insurance companies.
(i) Provide the local matching funds in order to obtain and
use Federal housing grants with mandatory match
requirements. The City will endeavor to apply for and
participate in federal grant programs that are consistent
with policies, goals and objectives identified within the
Housing Element of the Comprehensive Plan.
(2) The City hereby specifically finds the cost of administering
the Local Housing Assistance Program shall not exceed 10% of the
funding received from the State pursuant to the State Housing
Initiative Partnership Act.
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(3) The Local Housing Assistance Program shall include all other
lawful objectives not previously listed if said objectives have
been adopted into the LHAP in the manner provided for by Florida
Statutes and Florida Administrative Code.
SECTION VI. DESIGNATION OF RESPONSIBILITY FOR ADMINISTRATION AND
IMPLEMENTATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM
A. The City of Delray Beach, Department of Community
Improvement shall be responsible for implementation and
administration of the Local Housing Assistance Program.
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B. The City shall designate a full-time employee whose
responsibility shall be to work with the Local Housing
Partnership and Affordable Housing Committee to monitor the
success of the LHAP, provide advice and suggestions as to whether
and in what ways the LHAP might be improved from year to year.
Coordinate with the State for specific requirements governing the
program, inform non-profit developers and community-based
organizations of the availability of the Trust Fund program.
C. Staff will also work with the LHP to coordinate local
programs such as community loan fund s , inclusionary housing
programs, other state funded affordable housing programs,
federally funded affordable housing program and other grant
programs that may be available to maximize the production of
eligible housing through the Local Housing Assistance Program.
D. The total amount paid for any administrative expenses in
connection with the LHAP w ill not exceed 10 % of the proceeds of
the local housing distribution. The City shall not treat as
administrative expenses any costs previously borne by another
funding source which could continue to be available at the time
the LHAP is submitted.
E. The LHAP shall be implemented in accordance with the criteria
and administrative procedures set forth in Florida Statutes
420.9075, as the same may be amended from time to time.
F. The Ci ty shall comply with all rules and regulations of the
Florida Housing Finance Agency in connection with required
reporting by the City of compliance with its Local Housing
Assistance Program.
S
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G. Prior to receiving an award, all eligible persons or eligible
sponsors shall enter into an agreement to comply with the
affordable housing criteria provided under Florida Statutes and
this Ordinance. All eligible persons or eligible sponsors shall
include in the deed transferring ownership of the property to the
eligible person or eligible sponsor a covenant agreeing to comply
with the terms of the above-described laws which covenant will
run with the land or in the alternative, the agreement shall be
made a part of the mortgage agreement. Failure to comply wi th
the covenant in the mortgage shall result in a default of the
mortgage with all remedies and rights for enforcement inuring to
the benefit of the City.
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H. Eligible sponsors receiving assistance from both the State
Housing Initiative Partnership (SHIP) Program and the Low Income
Housing Tax Credit (LIHTC) Program shall be required to comply
with the income, affordability, and other LIHTC requirements.
SECTION VII. CREATION OF THE AFFORDABLE HOUSING ADVISORY
COMMITTEE
A. The Affordable Housing Advisory Committee is hereby created
and established. The members of the Advisory Committee shall be
appointed by re~olution of the Delray Beach City Commission.
B. The resolution appointing the Affordable Housing Advisory
Committee shall define affordable housing as applicable to the
City in a way that is consistent with the adopted local
comprehensive plan.
C. The Affordable Housing Advisory Commi ttee shall consist of
nine (9) members. Five (5 ) members shall constitute a quorum.
The committee may not take formal actions unless a quorum is
present, but may meet to hear presentations if duly noticed. The
Affordable Housing Advisory Committee shall include the
following:
(l) One citizen who is actively engaged in the residential
building industry.
(2 ) One citizen who is actively engaged in the banking or
mortgage industry.
(3 ) One citizen who is a representative of those areas of
labor engaged in home building.
(4 ) One citizen who is designated as an advocate for low-
income persons.
(5) One citizen who is a provider of affordable housing.
(6) One citizen who is a real estate professional.
(7) Three members appointed at large.
6
D. within nine (9) months from the adoption of this Ordinance,
the Affordable Housing Advisory Committee shall make
recommendations approved by a majority of its membership at a
public hearing. Notice of the time, date and place of the public
hearing of the Affordable Housing Advisory Committee to adopt
final affordable housing incentive recommendations shall be
published in a newspaper of general paid circula~ion in the City.
Such notice shall contain a short and concise summary of the
affordable housing incentive recommendations to be considered by
the Affordable Housing Advisory Committee. The notice shall also
state the public place where a copy of the tentative Affordable
Housing Advisory Committee recommendation can be obtained by
interested persons.
SECTION VIII. ADOPTION OF THE AFFORDABLE HOUSING INCENTIVE PLAN
An Affordable Housing Incentive Plan shall be prepared and
adopted in accordance with the criteria and procedures set forth
in Florida Statutes 420.9076 (6) and ( 7) , as the same may be
amended from time to time.
SECTION IX. SEVERABILITY
If any phrase or portion of this Ordinance, or the particular
application thereof, shall be held invalid or unconstitutional by
any court, administrative agency or other body with appropriate
jurisdiction, the remaining section, subsection, sentences,
clauses, or phases and their application shall not be affected
thereby.
SECTION X. That all ordinances or parts of ordinances which are
in conflict herewith be, and the same are hereby repealed.
7
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SECTION XI. That this ordinance shall become effective 30 days
from passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
Mayor
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ATTEST:
City Clerk
First Reading
Second Reading
Ord. No. 2-93
8
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGER j , ~
SUBJECT: AGENDA ITEM it 10. D - MEETING OF FEBRUARY 23. 1993
ORDINANCE NO. 17-93
DATE: February 19, 1993
This is second reading of an ordinance amending Chapter 33 of the Code
of Ordinances relative to Police and Fire Pension issues to provide
for certain gammatical and verbiage changes.
This proposed ordinance seeks to clarify Section 33.62, "Benefit
Amounts and Eligibility". There are no substantive changes relating
to benefit amounts, offsets or eligibility incorporated into this
ordinance. Both the City Attorney's Office and Board of Trustees have
reviewed these changes.
At the February 9th regular meeting, Ordinance No. 17-93 was passed on
first reading by a vote of 5-0.
I will be meeting with the City Attorney and Finance Director on
Tuesday afternoon, February 23, 1993, to further review this item.
Any additional information or recommendations will be reported at
Tuesday evening's meeting.
Recommend approval of Ordinance No. 17-93 on second and final reading.
ros-rfJOI7 EJ) 70
<3/10/93
. -
ORDINANCE NO. 17-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III,
"ADMINISTRATION", CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY", TO PROVIDE FOR CERTAIN GRAMMATICAL AND
VERBIAGE CHANGES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter 33,
"Police and Fire Departments", Subheading "Pensions", Section
33.62, "Benefit Amounts and Eligibility", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 33.62 BENEFIT AMOUNTS AND ELIGIBILITY.
(A) Normal retirement date. A member may elect to
retire on the first day of any month if coincident with or
following the attainment of his fifty-second birthday and the
completion of twenty (20) years of continuous service; however,
employees who are eligible to and become members of the system as
of the effective date of this system shall be eligible to retire,
as above, upon the attainment of their fifty-second birthday,
regardless of the number of years of continuous service. Effective
October 1, 1989, a member may elect to retire on the first day of
any month coincident with or next following his completion of
twenty (20) years of continuous service. This provision shall not
apply to any member who retires or terminates employment prior to
October 1, 1989.
(B) Normal retirement benefit.
(1) Duration, survivor benefits. A member retiring
hereunder on his normal retirement date shall receive a monthly
benefit which shall commence on his normal retirement date and be
continued thereafter during his lifetime; upon his death the full
retirement benefit shall be continued to his spouse for one year
and sixty percent (60%) of that amount continued thereafter until
the earlier of death or remarriage.
(2) Amount. Normal retirement benefits shall be in
the amount of two and one-half percent of average monthly
earnings for each year of continuous service, subject in any
event to a maximum of seventy-five percent (75%) of average
monthly earnings; however, members as of the effective date shall
receive at their normal retirement date (age 52 regardless of
years of service) the greater of the benefit provided by the
formula above or fifty percent (50%) of average monthly earnings.
(3) Upon becoming eligible for normal retirement, a
member shall be one hundred percent (100%) vested in his accrued
benefit.
II'
(e) Disability retirement provisions.
(1) (a) For purposes of this system, "TOTAL AND
PERMANENT DISABILITY" shall mean an injury, disease or condition
which totally and permanently incapacitates a member, either
physically or mentally, fr his regular-and continuous duty as a
police officer or firefighter. A "TOTAL AND PERMANENT DISABILITY"
arising directly from the performance of service to the city by a
member as a police officer or firefighter shall be considered to
be a service incurred disability. A "TOTAL AND PERMANENT
DISABILITY" arising from any other cause or source, other than as
modified below, shall be considered to be a nonservice incurred
disability. -' A member shall not be entitled to receive a
disability retirement benefit from the system if the disability
is a result of:
1. Excessive and habitual use of drugs,
intoxicants or narcotics;
2. Injury or disease sustained by the
member while willfully and illegally participating in fights,
riots, civil insurrections, or while committing a crime;
3. Injury or disease sustained by a
member while serving in any of the armed forces;
4. Injury or disease sustained by the
member after his employment with the city has been terminated.
(b) A member shall not receive a service
incurred disability benefit for injury or disease sustained by the
member while working (either as an employee or through some other
contractual arrangement) for anyone other than the city, performing
a job function the same as or related to the member's city job
function, and arising out of the scope of any other employment or
contractual arrangement, excepting injuries sustained by members
while performing duties on behalf of the city and while within the
city's jurisdiction although those injuries occurred at an outside
employer's job site. In addition, a member shall not be entitled
to receive a disability retirement benefit from the system on the
basis of any condition which existed prior to the member's
employment or which was evidenced during the member's preemployment
physical.
(2) Application for benefits. In order for the
Board to consider a member's request for disability retirement
benefits, the member must apply in writing to the Board. T~L$
appILiatL~i/~~tt/~e/~ade//at/t~~i/a$//Lt/ptaitLia~le/tcll~wLn~//t~e
date/w~en//t~e//dLta~LILtt//i~ndLtL0n//at0teJ///~nlett//e*tei~atLn~
tltt~ttaritet/tari/~e//pt0tei/t0//t~e/tatLstattI0i/0t//t~e/a0atd//0t
tt~tteet'/ai/appILtatI0i/dated/~0te//t~an/$L*/A61/~cnt~$//t~ll~wLn~
t~e/date//w~ei//t~e//dLta~illtt/t0ndlti0n//at0te//0t//tit$t//~eta~e
eYLdeit/~t//t~e//date/w~ete//a//p~ttLtLan/~at//tettLtLed//t~at//t~e
appILiait/~at//teat~ed/~a*I~~//~edLtal/L~ptcte~ent'//w~Lt~etet//L$
latet'/t~azz/~e/~t0~idt//10t/t~e/deiLaZ/~t//t~e/appILtatL0ri/~tllt~e
acatdJ Upon receipt of proper application by the Board of
Trustees, the Board of Trustees shall arrange for a physical
examination of the applicant by the medical board. A further
condition for receipt of disability retirement benefits from the
system is that the applicant must apply for and diligently pursue
disability benefits from social security and workers' compensation.
Written proof of application must be submitted to the Board of
Trustees. Failure of the applicant to qualify as being disabled
under either the social security or workers' compensation laws may
be considered by the Board of Trustees in review 0tltet0nsLdetatI0n
~tlt~e/a~atd//0t/tt~steet of that member's dL$a~LILtt//tetLte~erit
application or recovery from disability.
- 2 - Ord. No. 17-93
(3) Medical board. When a member submits proper
application for a disability retirement benefit, the Board of
Trustees shall designate a medical board to be composed of at
least one ~dt//rl~t/~~t_//tK~rl//tKt__ physiciant. tK_//tK~Lt~//~f
pKttLti~rltltK~llll~_II~~d_llirl/~tt~td~rlt_//~itK//tK_//t~riditL~ri//~t
t~rlditi~ritlldp~rlll~KitKlltK_II~_~_tllit;-/~ppltLrl~//t~t//dLt~~Llitt
t~tLt_~~rltt The medical board shall arrange for and pass upon all
medical examinations required under the provisions of this
subchapter, shall investigate all essential statements or
certificates made by or on behalf of a member in connection with
an application for disability retirement and shall report i~
writing to the Board of Trustees its conclusions and
recommendations upon all matters referred to it. The payment of
those services shall be determined by the Board of Trustees.
(4) Determination of disability. All questions
relating to eligibility for initial payment or continuance of
disability benefits shall be determined by the Board of Trustees,
taking into consideration the recommendations of the medical
board and any other evidence of which the Board of Trustees may
avail itself. The general steps which the Board of Trustees
shall follow in its determination shall be as listed below,
provided however, that the Board of Trustees may, in its
discretion, alter or modify these steps:
(a) Determine whether the member's application
is proper~ ~rldlti~ellt
(b) If application is for a nonservice
incurred disability, determine whether the ten years of continuous
service requirement has been met.
(c) Based on all evidence submitted to the
Board of Trustees, determine whether the applicant satisfies the
definition of disability, including the absence of listed
exclusions.
(d) Determine whether the disability is to be
considered a service incurred disability or a nonservice
disability, taking into consideration F.S. Chapters 175.231 and
185.34.
(e) Establish a date of disability. This date
may be the date of injury causing the disability, the date when the
member could no longer perform his regular and continuous duties,
the date when his sick pay and vacation pay are exhausted or such
other date as determined by the Board of Trustees.
AfY 'ti0tl/t011Ia0~tdl/0f//ITtdtteet/llattL~rii
detet~Lrlell~KetKetllltKell~e~et/I/K~tllte~tKedlll~ait~d~/I/~edLtal
L~pt0Ye~erltldridet/~0t~_tt'lt0~p_rit~tL0rilttLt_tia'
(5) Disability retirement benefits.
(a) Eligibility. Each ALL membert at_ shall
be eligible for service incurred disability benefits, regardless of
t~eLt length of continuous service. Each member who completes ten
(10) years of continuous service prior to becoming disabled shall
be eligible for nonservice incurred disability benefits.
(b) Initial amount of service incurred
disability benefit. Seventy-five percent (75%) of the member's
average monthly earnings in effect on the date of disability,
subject in any event to the offsets listed below.
- 3 - Ord. No. 17-93
" I'
.
(c) Initial amount of nonservice incurred
disability benefit. W~ete/eli~i~Ie'//t!wo percent (2% ) of average
monthly earnings in effect on the date of disability for each year
of continuous service, subject in any event to maximum fifty
percent (50% ) of average monthly earnings and subject further to
the offsets listed below.
(d) Terms of payments. Disability benefits
shall commence on or as of the first day of the month coincident
with or next following the date of disability, as established by
the Board of Trustees, and shall continue to be paid on the first
day of each subsequent month until the death or recovery of the
disability retiree. The same survivorship percentages which apply
to normal retirement benefits shall also apply to disability
retirement benefits.
(e) Benefit offsets. Disability retirement
benefits described above shall be reduced by any disability
benefits paid by social security, by workers' compensation
benefits to the extent such benefits when added to the member's
disability retirement benefit from the system exceed the member's
average monthly earnings on the date of disability, and by other
benefit offsets set forth in division (C) (7) of this section.
The reduction for social security shall be in the amount of the
primary insurance amount only, not including any family benefit.
Any cost of living adjustments in the disability retiree's social
security and workers' compensation benefits shall not serve to
reduce further the disability bene fi t payable from the system.
The reduction for social security disability benefits shall
terminate upon the retiree's attainment of age sixty-five (65) .
In the case of a lump sum settlement paid by workers'
compensation, the disability retirement benefit payable from the
system shall be adjusted as fo llows-:
l. The amount of the lump sum settlement
shall be divided by the member's remaining life expectancy (in
months) , as determined using standard actuarial tables approved
by the plan actuary;
2. If the number obtained in division l.
above, when added to the member's monthly disability retirement
benefit from the system, exceeds the member's average monthly
earnings on the date of disability, the amount of the excess
shall be deducted from the member's monthly disability retirement
benefit from the system, for the duration of the member's
remaining life expectancy as determined in division l. above.
3. If the number obtained in division l.
above, when added to the member's monthly disability retirement
benefit from the system, does not exceed the member's average
monthly earnings on the date of disability, there shall be no
reduction of the member's disability retirement benefits from the
system.
Once the number of months of suspension has been
completed, the disability retirement benefit from the system shall
be resumed. Additional benefit adjustments shall also apply as
described below in division (C) (7) of this section.
( f) Eligibility for other benefits. In the
event that a member applying for disability benefits is also
eligible for either early or normal retirement, the Board may, upon
the request of the member, pay the early or normal retirement
benefit instead of a disability retirement benefit.
- 4 - Ord. No. 17-93
(6 ) Annual report by disability retiree.
(a) Each person currently receiving disability
retirement benefits and each person who first qualifies for
disability retirement benefits shall be required to submit to the
Board of Trustees no later than March l'of each iaIer\~it year a
signed and notarized report which includes, but is not limi ted to,
the following information:
l. Upon request of the Board of Trustees,
a medical report from the disability retiree's physician statir:g
whether the retiree is still totally incapacitated to perform the
regular and-continuous duties of a police officer or firefighter
shall be submitted to the Board. The required physician's
statement must be dated within four months of the request.
2. A statement showing the amount the
disability retiree received in the immediately preceding calendar
year from the following sources:
a. Social security (primary insurance
amount only, not including family benefits);
b. Workers' compensation (excluding
medical reimbursements); and
c. Compensation for work performed
during the year. Copies of all IRS W-2 forms from each employer
shall be required for this purpose.
(b) A statement to the effect that the
disability retiree understands that if the report is incomplete or
incorrect, his disability retirement benefits may be suspended or
discontinued.
(c) In the event that the required annual
report is not submitted to the Board on a timely basis, or is
incomplete or incorrect, the Board may, in its discretion, suspend
~ discontinue the disability retirement benefits.
(7) Annual benefit adjustments.
(a) The monthly disability retirement benefit
of each person who is receiving benefits on, or who shall receive
benefits after, the effective date of this subchapter, shall be
adjusted annually as described herein. First, the sum of the
following items shall be calculated for the previous calendar
year:
l. The disability retirement benefits
paid from the system;
2. The social security primary insurance
amounts (not including family benefits), less any cost of li v i ng
adjustments since the benefit first went into effect;
3. The workers' compensation disability
benefits (excluding medical reimbursements), less any cost of
living adjustments since the benefit first went into effect, to
the extent that such benefits, when added to the membe r ' s
disability retirement benefit from the system exceed the member's
average monthly earnings on the date of disability; and
- 5 - Ord. No. 17-93
, '"
.
4. Any earned income (as defined in
division (C) (11) of this section) received as evidenced by the IRS
W-2 forms (excluding any sick and vacation pay received from the
city pursuant to the disability, as determined by the Board of
Trustees) .
(b) The annual rate of earnings of the
disability retiree on his'date of disability (utilizing the minimum
set forth hereinafter) shall then be subtracted from this sum. If
there is any excess- of the sum over the sum of the disability
retiree's predisability annual earnings rate (with a presumed
minimum upon the effective date of this subchapter of $30,000) as
increased or 'decreased annually by the city in accordance with the
salary funded for comparably funded city positions, then the
disability retirement benefit payable from the system shall be
reduced. The amount of the annual reduction shall be equal to
fifty percent (50%) of any sums up to and including $15,000 of the
excess, plus one hundred percent (100%) of the excess, if any,
which exceeds $15,000 in excess of the as-adjusted disability
retiree's predisability annual earnings (with a presumed minimum
upon the effective date of this subchapter of $30,000). The annual
reduction so computed shall then be divided by twelve (12) to make
it a monthly reduction. The monthly reduction shall then be
subtracted from the monthly disability retirement benefit which
has most recently been paid. If the sum of the four items listed
above is less than the disability retirement benefit computed in
accordance with division (C) (5) (b) or (c) of this section, as
applicable, prior to the offset provided by (C) (5) (e) of this
section, then the disability retirement benefit payable from the
system shall be increased. The amount of the annual increase
shall be equal to the amount of the disability retirement benefit
computed in accordance with division (e) (5) (b) or (c) of this
section, as applicable, prior to the offset provided by division
(C) (5) (e) of this section, minus the sum of the four items listed
above. The annual increase so computed shall then be divided by
twelve (12) to make it a monthly increase. The monthly increase
shall then be added to the monthly disability retirement benefit
which has most recently been paid. Any T~~ newly adjusted
disability retirement benefit shall be paid for the twelve (12)
months beginning on the next January 1; however, the disability
retiree may petition the Board no more than once annually during
that 12-month period for a tecomputation of those benefit
adjustments, which the Board may elect to consider and grant based
upon demonstrated exigent circumstances occurring to the disability
retiree subsequent to the last benefit adjustment. Upon the death
of the disability retiree prior to his recovery, the monthly
benefit rate without any adjustments shall be used to compute any
survivor benefits which are payable from the system.
(8) Disability affidavit. No member otherwise
eligible to receive disability benefits shall be paid those
benefits unless and until that member files a disability
affidavit with the Board on a form furnished by the Board. By
the disability affidavit, the prospective retiree shall affirm
that he is acquainted and familiar with the terms and conditions
of his disability retirement. In particular, he shall
acknowledge the authority of the Board to require him to undergo
periodic future physical examinations in order to determine
whether he has recovered from disability !~/~t!II/d!~abled.
(9) Authority for reexamination. Each person who
first qualifies for or is then receiving disability retirement
benefits on or after the effective date of this subchapter shall
be subject to periodic reexamination by a medical board selected
by the Board of Trustees to determine if the disability has
ceased to exist. T~e/teexa~!riat!~ril/~~aII/ri~tllb~/pet~ltt~~II~~t~
~tt~rilt~ari/tw!i~/!ri/arit/iaI~ridat/teat'
- 6 - Ord. No. 17-93
(10 ) Recovery from disability.
(a) In the event a member who has been retired
on a disability benefit regains his health and is able to perform
his duties in the Police Department or Fire Department, the Board
shall discontinue the pension; and further, the city shall,
subject to budget and qualification of the member for the
position, offer the member a position with the city as a police
officer or firefighter.
(b) If a member shall resume his employment
with the city, as a police officer or firefighter, then he may pay
into the fund an amount equal to the aggregate contributions plus
interest at a rate to be determined by the Board (computed upon
his annual earnings at the time of his disability retirement) he
would have been required to make hereunder, as determined by the
Board, during the period of his disability retirement had he not
been retired, and shall thereupon t~At//~e~~et//t~aII receive
creditable service for the period of the disabili ty retirement. In
any event, that member shall retain credit for the period of
continuous service to the date of disability.
(l1) Earned income. For purposes of this section,
"EARNED INCOME" shall mean all wages, salaries, tips and other
employee compensation received by the member, plus the amount of
the member's net earnings from self-employment for any tax year.
(D) Preretirement death.
(1) Service incurred. A death benefit shall be
payable on behalf of any member who dies as a direct result of an
occurrence arising in the performance of service. These benefits
are not to be limi ting to other benefits available under state
law. The benefits shall be payable as follows:
(a) To the spouse, until the earlier of death
or remarriage, a monthly benefit equal to fifty percent (50%) of
the member's average monthly earnings; or to a designated
beneficiary or beneficiaries other than the spouse, until death, a
monthly benefit equal to the actuarial equivalent of a lifetime
benefit payable to the member if the amount of fifty percent (50%)
of the member 's average monthly earnings at date of death, plus
(b) 1. For each unmarried child until he or
she shall have reached the age of eighteen (lB) years, and for each
unmarried child from age 18 until age 22 who is a full-time student
in a fully accredited high school, college or university, there
shall be paid in equal monthly installments, an amount equal to
five percent (5%) of the average monthly earnings subject to an
overall limitation of a total of sixty percent (60% ) of average
monthly earnings for the spouse and children combined. The
nonstudent child's pension shall terminate on the earlier of death,
marriage or the attainment of age 18; the pension of a child who is
a student shall terminate on the earlier of death, marriage or the
attainment of age 22. Legally adopted children shall be eligible
the same as natural children.
2. Upon remarriage or death of the
spouse, the five percent (5%) child allowance shall be increased to
ten percent (l0%) for each child, not to exceed a combined total of
thirty-five percent (35%) of the member's average monthly earnings.
The trusteeship and disbursements of the pension to any child shall
be determined by the Board of Trustees.
- 7 - Ord. No. 17-93
., ' '"
.
(2) Nonservice incurred. If any member shall die
in active service from causes not attributable to active duty or
service, a death benefit shall be payable as follows:
(a) With less than one year of continuous
service, a single sum amount of $2,500 to the member's spouse or
other designated beneficiary or beneficiaries, as the case may
be.
(b) With one but less than five years of
continuous service, a single sum amount of $5,000 to the member's
spouse or other designated beneficiary or beneficiaries, as the
case may be;
(c) With five or more years of continuous
service:
1. A single sum amount of $5,000 to the
member's spouse or other designated beneficiary or beneficiaries,
as the case may be, plus
2. To the spouse until remarriage or
death, in equal monthly payments, a pension equal to sixty-five
percent (65%) of that member's accrued pension as of date of death,
subject to a minimum of twenty percent (20%) of average monthly
earnings; or to a designated beneficiary or beneficiaries other
than the spouse, until death, a monthly benefit equal to the
actuarial equivalent of a lifetime benefit payable to the member
in the amount of sixty-five percent (65%) of such member's
accrued pension as of date of death, plus
3. To the child of the deceased member,
the same benefits as are payable by reason of service incurred
death, SUbject however, to a maximum combined limitation of monthly
payments to the spouse and children of fifty percent (50%) of
average monthly earnings and thirty-five percent (35%) after
remarriage or death of spouse.
(3) In the event more than one beneficiary is
designated by the member, the death benefits provided in this
section shall be apportioned equally among the beneficiaries.
(E) Vesting.
(1) If a member terminates his employment with the
Police or Fire Departments, either voluntarily or by lawful
discharge, and is not eligible for any other benefits under this
system, he shall be entitled to the following:
(a) With less than ten years of continuous
service, refund of member contributions.
(b) With ten or more years of continuous
service:
1. The pension benefit accrued to his
date of termination, payable commencing on the date which would
have been his earliest normal retirement date had he remained in
employment, provided he does not elect to withdraw his member
contributions, or
2. Refund of member contributions.
- 8 - Ord. No. 17-93
(2 ) Any member of this system who, for wha te\'e r
reason, has his employment with the city as a police officer or
firefighter terminated, but who remains with or was previousl,:'
employed by the city in some other capacity so that his total
period of employment with the city is ten years or more, shall
have all benefits accrued under this system preserved, provided
he doe s not elect to withdraw his member contributions. These
accrued bene fi ts shall -be payable at his otherwise normal
retirement date, in accordance with the provisions of this
system. For purposes of determining normal retirement date unde r
this vesting provision, continuous service shall include all
continuous employment with the city as an employee as herein
defined as -well as the period of time subsequent to terminatior.
as a member of this system; however, benefits shall not be
payable under this system during any period of continued
employment by the city. Upon the written election of the Police
Chief or Fire Chief shall be deemed terminated for the purpose of
applying the provisions of this system. A Police Chief or Fire
Chief who terminates his participation in this system shall not
thereafter be eligible to receive benefits through this system
while actively employed by the city.
(F) Application of section. The provisions set forth
herein shall be applicable to all current and future members of the
plan, including members now receiving or who have applied for
disability retirement benefits ( except that these applicants and
members receiving disability benefits shall not be subject to the
provisions set forth in division (e) (1) , (2 ) or (4 ) of this
section above, as well as the earned income benefit offsets
otherwise provided for herein).
(G) Maximum benefits. A member may not receive a
pension or disability benefit which exceeds the lesser of:
(1) One hundred percent (100%) of the membe r ' s
average compensation for the highest three consecutive years as a
member in the pension fund; or
(2) The maximum amount allowed under Section 415 of
the Internal Revenue Code (increased to reflect the cost of living
adjustment factor prescribed under Section 415{d) of the Internal
Revenue Code) , which is incorporated herein by reference.
(HI Required payment of pension benefits. Pension
benefits shall begin no later than April 1 of the calendar year
following the calendar year in which the member retires, or in
which the member attains age 70-1/2, even if the member has not
filed a claim for pension benefits. In addition, payment of
benefits shall be made in accordance with the applicable provisions
of Section 401 (a) (91 of the Internal Revenue Code, which is
incorporated herein by reference.
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 be and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
- 9 - Ord. No. 17-93
~
"
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
- 10 - Ord. No. 17-93
/~ .~ "
/D.'(Ut( U1.;~j{-- r<<
f'f( I
[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~tor'_ D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: February 1, 1993
To: City Conunission
From: David N. Tolces, Assistant City Attorn~
Subject: Waivers for Virqinia Slims Tournament
The following is a list of waivers which should be granted
prior to the conunencement of the Virginia Slims Tennis
Tournament March 1-7, 1993:
Waivers to:
Section 4.3.3(P) - Regarding provisions for satellite
dishes. There will likely be outdoor display of
__ satellite dishes, not screened.
---
Section 4.6.7 - As it may apply to any signs erected
in conjunction with the tournament. Rather than
giving specific waivers, an overall waiver will allow
Liddun to display a variety of signs including
traffic and event signage.
Sections 99.04(A(1)(a) and (b) ; 99.04(A)(2) -
Regarding noise limitations. Outdoor loudspeakers
will be used during the day and early evening.
Section 4.6.6(C) regarding retail displays outside in
a public place. Several retailers will be on-site to
display and sell a variety of products.
These are blanket waivers which will allow for the event to
occur in an orderly manner.
If you have any questions, please call.
DNT: sh
cc: David Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
vs-1.dnt
, IO.E.
-, -
. ....
.,.-
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
PROPOSAL FOR WAIVER OF CITY ORDINANCES
Pursuant to Section 30.15(A), "Waivers of City Ordinances", NOTICE
IS HEREBY GIVEN that the City Commission of the City of Delray
Beach, Florida, will consider the following list of waivers
associated with the Virginia Slims Tennis Tournament which will be
held in the City of Delray Beach, Florida, during the period March
1-7, 1993. These are blanket waivers which will allow for the
event to occur in an orderly manner.
Waivers to:
Section 4.3.3(P), "Satellite Dish - Satellite Television
Antenna", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, regarding
provisions for satellite dishes. There will likely be outdoor
display of satellite dishes, not screened.
Section 4.6.7, "Signs", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, as it
may apply to any signs erected in conjunction with the Virginia
Slims Tennis Tournament. Rather than granting specific waivers, a
blanket waiver will allow for the display of a variety of signs,
including traffic and event signage.
Section 99.04, "Loud and Unnecessary Noises Enumerated;
Exemptions", Subsections (A) (1) (a) and (b) and Subsection (A) (2) ,
of the Code of Ordinances of the City of Delray Beach, Florida,
regarding noise limitations. Outdoor loudspeakers will be used
during the day and early evening.
Section 4.6.6(C), "Retail Displays Outside" , of the Land
Development Regulations of the City of Delray Beach, Florida,
regarding retail displays outside in a public place. Several
retaile"rs will be on-site to display and sell a variety of
products.
A PUBLIC HEARING on the aforementioned waivers of the City's Code
of Ordinances will be held on Tuesday, February 23, 1993, at 7:00
~, in the City Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.
Please be advised that if a person or persons 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 nor prepare such
record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
February 13, 1993 Alison MacGregor Harty
City Clerk
, "
-.... -....
.
.
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (' '/'<- !
SUBJECT: AGENDA ITEM it LQLJ9. - MEETING OF FEBRUARY 23. 1993
ORDINANCE NO. 13-93
DATE: February 19, 1993
First reading and public hearing was held on this ordinance at the
February 9th regular meeting. Prior to adoption a second reading is
required.
This is 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 at their
January 11th meeting, at which time certain concerns were raised as to
the degree that retail use would be allowed within OSSHAD. At a
subsequent meeting on January 25th, the Board recommended approval of
the proposed ordinance, subject to certain text changes. A detailed
staff report is attached as backup material for this item.
I had previously made the Commission aware of my concerns with regard
to the drastic reduction in parking required for restaurants from 12
spaces per 1,000 square feet to four (4 ) spaces to 1,000 square feet.
The Planning and Zoning Board, in their review, continued their
support for a uniform requirement throughout OSSHAD.
At the February 9th regular meeting, Ordinance No. 13-93 was passed on
first reading by a vote of 5-0.
- -
Recommend approval of Ordinance No. 13-93 on second and final
reading.
p~ 5-0
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D
FROM:
ZONING
SUBJECT: MEETING OF FEBRUARY 9, 1993
FIRST READING, ORDINANCE AMENDMENT RE OSSHAD
NOTE: THIS DOCUMENTATION IS REVISED AND UP-DATED WITH RESPECT
TO THAT ISSUED FOR THE JANUARY 26, 1993 COMMISSION MEETING.
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 OS SHAD 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
(previously provided) for more details and a complete listing of
proposed changes.
.
City Commission Documentation
First Reading, Ordinance Amendment Re OSSHAD
Page 2
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) . - -
Due to the concerns dealing with retail use, the Board continued
its consideration of the amendment to its meeting of January
25th. At that meeting, the Board determined it most appropriate
NOT to make any changes to the existing language with respect to
retail uses. The Board did entertain an addition to the
"Purpose and Intent" statement as requested by the Historic
Preservation Board. The Board also considered concerns raised
by the City Manager regarding the change in required parking for
restaurant use; however, they continued support for a uniform
requirement throughout OSSHAD.
The Board then forwarded the proposed text, with additional
changes, with a recommendation of approval on a 5-0 vote (FeIner
and Currie absent).
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Subsequent to the Planning and Zoning Board meeting, the CRA
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.
The CRA has scheduled another session for review of this, and
other LOR amendments. That session will be held on Thursday,
February 4th. Their additional comments, if any, will be
provided at the Commission meeting.
RECOMMENDED ACTION:
This item has been scheduled for review at a public hearing 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.
Attachment:
* Ordinance by others
DJK/CCOSSHAD.DOC
.
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
I THE CITY OF DELRAY BEACH, FLORIDA: PROVIDING A SAVING
1 CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
'I 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) (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 4.4.24, "Old School Square
Historic Arts District (OSSHAD)", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, 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 (OSSHADI is a mixed use district which is intended to:
* Provide for mixed uses of residential, office, and
att. teZate~ commercial activities, with an emphasis
on the arts, that will encourage the restoration or
preservation of historic structures and, yet, maintain
and enhance the historic and pedestrian scale of the
0Zd St~00Z S~~ate Kiit0tit 0iittitt ~:
* 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:
(1) Residential uses of single family detached
dwellings and duplexes.
~--
(2) Business, Professional, and Governmental Offices.
(3) Retail sales through speciality shops (single
purpose businesses) such as: bath shops, book stores, gift shops,
florists, hobby shops, kitchen shops, ooutiques, bicycle shops.
A.Y t~e/ptepatatl0ri//0f/spetialtf//~0nt~et/f00~s//ari~
t~eit/sale/eit~et/t~t0nq~/tatetiri~/0t/~itett/sale$/Aei~i'/a/tafeYi
(S4) Arts related businesses such as craft shops,
galleries, and studios within which is conducted the preparation of,
display- ~f, and/or sale of art products such as antiques,
collectibles, custom apparel, jewelry, paintings, photography,
picture framing, pottery, sculpture, stained glass.
(~5) Educational and/or Instructional fatilities
activities including training, vocational, or craft schools,
t0lleqes'//$e~iriatie$'///nriiietslties' the arts, arid personal
development, iristitnti0risl and libraries:--museums~ and social and
philanthropIc institutions.
(76) Restaurants iei~i' of a sit down nature such as a
cafe, snack shop$~ full service dining, but excluding any drive-ins
and/or drive-throughsY facilities or features.
(97) Providing of personal services such as
barbershops, beauty shops, salons, cosmetologists.
(9~) Bed and Breakfast Inns.
(Z09)Within the following described areas, the uses
allowed as permitted uses in Section 4.4.l8(Bl pursuant to the base
district and special provisions of the Central Business District
regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7, Block 69
(d) Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, dog houses and dog runs, garages,
greenhouses, guest cottages, playhouses, pool houses and
covers/enclosures, pump houses, slat houses, storage sheds,
workshops, swimming pools, and home occupations.
(2) On a parcel that has as its principal use a
non-residential use, there may be one A single family residence,
either within a separate structure or within a structure housing a
non-residential use, provided that one of the tesi~erite/i$//0ttnpie~
~f/t~e situations exists:
~ the residence is occupied by the owner,
proprietor, or employee of a business
enterprise conducted on the propertyi;or,
JEl the business is owned, or operated, by the
owner of the parcel; or,
- 2 - Ord. No. 13-93
lEl the residence is occupied by the owner of
the parcel.
(3) Family Day Care.
(4) Parking lots and refuse storage areas.
J2l 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:
All ~esLdentLal/dnLts/wLt~Ln//a/sttdttdte//t0ntaLnin~
pet~Ltted/n0ntesLdential//dseAsl/pt0tided//t~at/t~e//tesidential//nse
d0es/n0t/etteed/S0~/0t/t~e//~t0ss/t100t/atea/0t/t~e/sttnttnte//wit~iri
w~Lt~/t~et/ate/10tated'
(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.
ill 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.
(24) 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~0se//ateas/identLtied//iri/~d~setti0n//AalAI0l/w~Lt~//s~all//~e
s~~lett/t0/t~e/standatds/0t/t~e/~a0/Z0ne/0isttitt'
III The following locations shall be subject to the
standards of the CBD Zone District:
- 3 - Ord. No. 13-93
, '
(a) Lots 13-16, Block 60
1bT Lots 1- 4, Block 61
1CT Lots 1- 7, Block 69
1dT Lots 7- 8, Block 75
(e) Lots 1- 6, Block 76
ill 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:
ill 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.
ill The perimeter landscaping requirements of Section
4.6.16(H) (3) (e) shall not apply.
(23) 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 buildings or structures, ~0WeYet'/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 teside~tial character of the area will be maintained. If
approved, such parking shall be substantially screened from
off-premises view by a hedge' or decorative fencing. at/least//f~~t
feet/i~/~ei~~t' ~~~~ ~~ ~~~~~~~,~,~
(14~~~Si~es~a~d//~t~~~17ii/iffites All
non-residential us~s'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 6ffite non-residential use in
the same structure.
l1l 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.
A3Y Wit~i~/t~e/atea/desiq~ated/~t/S~~setti0n/A!YAI0Y'
t~e/a~~te/e*tepti~~./.~aII/~0t/appll'
~ Special District Regulations:
ill 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.
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.
3ection 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 25, 1993
AGENDA ITEM: III.A. through III.C., Old Business
ITEM BEFORE THE BOARD:
These three items were reviewed at your January 11th
meeting. A public hearing was held on each, but action was
deferred to this meeting. Each item needs to be acted upon
with a recommended action forwarded to the city Commission.
BACKGROUND & ANALYSIS:
ITEM "A", Boat Parking in Front Yards: Testimony was taken from
an affected property owner in support of adding a waiver
provision. The Neighborhoods Task Team representative spoke in
opposition as did Alice Finst who also provided a history of
regulations pertaining to storage of boats in residential areas.
The Board was split with some members believing that "boating"
was a part of the South Florida lifestyle and that we needed to
be more sensitive to individuals who wish to partake in that
aspect of our lifestyle. Other members felt that the keeping of
a boat was a choice as opposed to a necessity and that the
larger issue of neighborhood stabilization dictated that the
current restriction not be compromised. A copy of the previous
documentation is attached for your convenience.
ITEM "B", OSSHAD . Aaendment.: The only item of continuing
concern at the hearing dealt with "retail use". Some testimony
suggested that by referral to the CBD regulations (hence GC
regulations), too much was being allowed. Some testimony was to
the effect that going beyond what exists compromises the intent
of the District. The CRA supported the expansion of the retail
use as drafted and opposed limitations on the referenced list.
HPB excluded "automotive parts", "lawn care equipment",
"appliances", and changed "electrical fixtures and supplies" to
"lighting fixtures and supplies".
At the hearing, a suggestion was put forward that a listing of
uses be provided. Another suggestion was that a reference be
made, but then we also list retail items which are not to be
sold within the district.
The Director's comments on the above are as follows:
N. ~ . - "Th... t...
P&Z Staff R~ Jrt
III .A. through III.C., Old Business
Page 2
As is situation: The "as is" situation would be guided by the
definition of single purpose speciality retail (copy attached).
The application of this deftnition would allow a store to sell
more than one product provided that there was a close
relationship among the products e.g. "Shinning Through" would be
allowed even though they sell several products because each 0 f
the products relate to its speciality of "new age" products.
However, the selling of general apparel would not mix with a
general book store.
Expansion to General - Retai I: As written, our code allows use
through categories as opposed to a specific listing. The list
which is provided is descriptive as opposed to prescriptive.
Once the decision is made to allow, for example, general apparel
and general book sales in the same store we are detailing with
general retailing.
Making a specific listing: This was the practice prior to the
LDRs. It was not well accepted, it lead to problems in
administration, and problems in the delays which occurred as
formal determination was made to add another use. The situation
got to the point that an ordinance was required for each
addition. I would not like to go back to that potential.
Making a list of "excluded" items: Previously, the City
Attorney ruled that a listing of "excluded" items was not
appropriate. Hence, the extensive list of "permitted" items.
Hence, the potential for the above. Also, once an item is
listed as "excluded", it can only be accommodated by an
ordinance amendment (P&Z review, public hearing at the City
Commission). For example, under the HPB exclusions - if one
wanted to sell old fashioned ceiling lights, it would be
prohibited and it would require a code amendment to accommodate
it.
Director's recommendation regarding retail use in OSSHAD: While
the excluded item approach can be accommodated, I recommend that
either the existing language remain (single purpose speciality
shops) or the proposed language be recommended. [Note: There is
one modification and that is the addition of the subsection
reference as (B)ID. ]
Other OSSHAD items: In addition to the retail use issues, two
other items have been raised since the last meeting. These
pertain to restaurant parking and the purposed statement.
Restaurant Parking: A concern has been aired that the change
from 12 spaces per 1,000 to about 3 per 1,000 is significant and
should be given due consideration. The Director's
recommendation remains based upon ( 1) uniformity, (2) the
situation where the same parking rule applies in the caD
,
P&Z Staff Report
III.A: through III.C., Old Business
Page 3
district, and (3) we are looking to building conversions as
opposed to new development and most such restaurant use would
presumably be by foot traffic during the day and in the evening
hours, the "vest pocket" and public parking areas in the
vicinity would be used.
Proposed statement: HPB requested that reference to "arts
related" be kept in the purposed statement. The Directors
suggestion to accommodate this request is to reword as follows:
- -
... Provide for mixed uses of residential, office, and attlf
telateGl commercial activitiesL with an emphasis on the
arts, that .....
ITEM "C" - Auto Repair Use in the AC Zoning District: There
were split opinions from the Board on this issue. The item was
deferred so that a broader representation from the Board could
consider the matter.
RECOMMENDED ACTION:
Reconsider each of the above items. Public comment can be
limited (or excluded) since the hearings were conducted on
January 11th.
Attachments:
... Original staff reports to Boardmembers only
- ~ ~UCU-
Report prepared by:
DJK/PZOLDBUS.DOC
.-
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: II.C.S. Consideration of Amendments to the Old
School Square Historic Arts District
(OSSHAD)
I T E M B E FOR E 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 U N D:
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 recommendations 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 (B) (2) and the sale of general
retailing merchandise is accommodate. 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 Use:
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 OSSHAD
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
(0)(3) .
5. Accommodating the Banker's Row Master Plan:
These changes incorporate the Banker's Row Master Plan into
OSSHAO 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)(l) 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 requiremeI].~s between adjacent zoning districts and
not between uses.
7. Parking Regulations:
The parking regulations within OSSHAD 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 ot Residential Use:
The intent of the proposed mixed use limitation amendment is to
assure that, over time, land uses within the OS SHAD 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."> 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 OSSHAD 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 D E D 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 of .4.24 showing additions and deletions
* A History of
~~~u
Report prepared by:
REPORT. DOC
DJK/T:RST.DOC
, .
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- -
December 31, 1992
Dear OS SHAD 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 OSSHAD 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 t~ 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 prov~ding 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.
CinCerelY, t
IWm." a{l?r--.
Jasmin Allen, Planner I
Department of Planning and Zoning
Enclosure
* Notice
* Location Map
T:\OSSHAD\NCVLTR.DOC
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I . : I - OSSHAD -
-~- ; U OLD SCHOOL SQUARE
II _ I .. : r I HISTORIC ARTS DISTRICT
un" 1-11 1/ I , I' II II
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
att~ telatelZl commercial activities that will
encourage the restoration or preservation of
historic structures and, yet, maintain and enhance
the historic and pedestrian scale of the 01lZl S~K001
S~~ate HI~t0tl~ 01~ttl~tl area.
* 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:
( 1) Residential uses of single family detached
dwellings and duplexes.
(2 ) Business, Professional, and Governmental Offices.
( 3) Retail sales tKt0~@K ~pe~laltt ~K0P~ (~lri@le
p~tp0~e ~~~lrie~~e~1 ~~~K a~ ~atK ~K0P~' ~00~ ~t0te~'
@ltt ~K0P~' tI0tl~t~1 K0~~t ~K0P~' ~lt~Keri ~K0P~'
~0~tl~~e~' ~l~t~le ~K0P~ of general merchandise as
allowed in the Central Business Zone (CBD) District [see
Section 4.4.18(B)].
(41 'tKe ptepatatl0rl 0t ~pe~laltt @0~ta\et t00lZl~ arllZl
tKelt ~ale eltKet tKt0~@K ~atetlrl@ 0t lZllte~t ~ale~ eJ@J,
a ~ateJ
(154) 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.
1
,
(15) Educational and/or Instructional tatllltle;.
activities including training, vocational, or craft
schools, tr/JI le'4e;. 1 semlriatlesl kirilvetsltle;. the arts L
aria personal development, l1istlt~tlr/Jri;.' and libraries,
museums, and social and philanthropic institutions.
( 1~) Restaurants el'4.of a sit down nature such as a
cafe, snack shops, full service dining, but excluding
any drive-ins and/or drive-throughs facilities or
features.
(87) Providing of personal services such as
barbershops, beauty shops, salons, cosmetologists.
(9~) Bed and Breakfast Inns
(191 Wlt)ilri t)ie tr/Jl1r/J~lri'4 ae;.ttnSea ateasl t)ie kise;.
al1r/J~ea as petmtttea kises lri Settlr/Jri '1'118(81 p~ts~arit
tr/J t)ie ~ase alsttttt aria spetta1 ptr/Jvlslr/Jris r/Jt t)ie
eeritta1 8~slrie;'s 0lsttltt te'4~latlr/Jris ;.)ia11 a1;r/J ~e
a11r/J~e~ lri t)ie 0SSMA0/
(al Er/J'ts l~flll Blr/JtK 89
(~1 Er/J'ts If 41 81r/JtK 81
(tl Er/Jts If 11 B1r/JtK 89
(al Er/J'ts 1f 81 81r/JtK 11
(el Er/J'ts If 81 81r/JtK 18
(C) Accessory Use and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
( l) 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 a single family
residence, either within a separate structure or within
a structure housing a non-residential useL provided that
one of the te;l~erite l; r/Jtt)iple~ ~1 't)ie situations
exists:
~ the residence is occupied by the owner,
proprietor, or employee of a business
enterprise conducted on the propertyiL or,
ill the business is owned, or operated, by the
owner of the parcel; or,
lEl the residence is occupied by the owner of the
parcel.
2
--.
( 3) Family Day Care
( 4 ) Parking lots and refuse storage areas.
ill Outdoor dininq areas which are accessory or
supplemental to a restaurant or business use,
provided the operation of the outdoor dininq area
is limited to dayliqht hours.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the OSSHAD:
(11 ltes .hhhlt I iU \4rllts wlt)llrl a stt\4tt\4te t0rltalrllrl~
petR'llttef4 rll6rlteslf4erltlaI \4se(sl ptl6Ylf4ef4 t)lat Ule
te~lf4erltlaI \4se f4l6es rl0t exteef4 SSI 0t tKe ~t0~~ tl00t
atea 0t t)le ~tt\4tt\4te wlt)llrl w)llt)l t)lef ate 10tatef4J
( l) 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.
(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 dininq which operates at niqht or which is
the principal use or purpose of the associated
restaurant.
(21) Adult congregate living facilities, Alcohol and
Drug Abuse treatment facilities, Child Care, Adult Day
Care, Continuing Care, Convalescent Homes, and Nurs ing
Homes.
(3~) Parking lots not associated with a use.
(E) Review and Approval Process:
( l) 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 ) Ttl08e atea8 l~eritItIe~ In S~~8ettI0n (Sl(Iel wtlIttl
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 along 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:
( 1 ) Parcels located along 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 Requlations [Subsection (G)], or
provisions of the Banker's Row Development Plan,
whichever is more permissive.
(2 ) The perimeter landscaping requirements of Section
4.6.l6(H)(3)(e), shall not apply..
(23) 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
buildings or structures, tl0we1etl 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 te81~entIaZ
character of the area will be maintained. If approved,
such parking shall be substantially screened from
off-premises view by a hedge I or decorative fencing. at
Z~a8t' t0~t t~~t In }iel~}itJ
4
( l.1J B1d~lrie~~ ari~ t>t0te~~10riaZ 0ttIte~ All
non-residential uses shall provide one parking 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 0ttIrte
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, "inappropriateness" may be considered
in relationship to the historic character of this zone
district.
t31 WItHIri tHe atea ~e~l~riate~ ~t g1d~~erttI0ri tBlt1011
t~e a~0Ye etrteptl0ri~ ~~all ri0t applt'
ill Special District Regulations:
ill 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.
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.
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 Regulations
Section 4.6.9(E) Location of Parking Spaces
(3) In-lieu Fee: If it is impossible ari~ Q! inappropriate,
a~ ~etet~lrie~ ~t t~e tIft t0~1~~10ril to provide the required
number of on-site parking spaces, tHe ~e~el0t>~erit ~at t>t0~I~e
t0t 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 CBD and OSSHAD Zone District~
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'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, GC, RM-6, RM-10 and CBD.
Evolution of OSSHAD: 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 a~d related uses. The types of changes envisioned at that
time were additional permitted uses such as: Yoga, Heal th 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 difitrict. 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 ( LDRs) .
Individuals interested in reviewing the items of concern are
invited to read a special report which addresses each of the
aired concerns.
Try Again: 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
special 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 II, 1993, include direction from that July 27, 1992,
work session and accommodate some intervening events and
directions.
T: oPQ
2
.,
I
PUBLIC AND CITY COMMISSION COMMENTS FROM FEBRUARY 23, 1993:
Public Cormnents:
(1) Mr. Chris Brown, Executive Director of the CRA, who reminded
everyone about "Art & Jazz on the Avenue" scheduled for
Thursday, 2/25/93, from 5:00 p.m. to midnight. He advised
that a joint venture has been formed with the CRA, the DDA
and the Chamber, and a new Downtown Coordinator, Marjorie
Ferrer, has been hired.
(2 ) Mr. Arthur Jackal, as follows:
(a) Suggested that workshop sessions no longer be held in
the first floor conference room, but moved into the
Commission Chambers instead. He feels there is not
enough room or seating to accormnodate the public in the
conference room and people sometimes have to stand for
extended periods of time. Also, the sound (because of
the microphones) is better in the Chambers than it is
in the conference room. Further, during a workshop
session or on the regular agenda, the public is
generally not invited to speak, but once in a while an
exception is made. When these exceptions are made,
however, they should not be for only one individual,
but everyone should be invited to participate if they
care to.
(b) Regarding the property on Congress Avenue formerly
occupied by Gelco, Mr. Jackal stated that the site is
in deplorable condition and the property owner should
be held responsible for cleaning it up.
(c) In this same regard, Mr. Jackal referred to a parcel
located east of 1-95 on Lake Ida Road on the south side
with a cormnercial building on it (the old Marine Way
site), stating that it is probably the worst eyesore in
town, and has been that way for some time. But now it
is much more noticeable with the improvements to Spady
school. Again, the property owner should be forced to
clean up the land. If we don't have the necessary
ordinances to do this, then an ordinance should be
created to get this done.
(d) with respect to the golf course clubhouse, asked the
Commission to remember that they had a vision for the
tennis center, and there are many people in the city
who have a vision for the golf course clubhouse.
( 3 ) Mrs. Ardeth Dobson, 907 S. W. 3rd Court, who expressed her
concern and frustration about the drug problem which exists
in her neighborhood and her feeling that it has gone
unaddressed for too long a period of time. She has made
repeated calls to the Police Department and still cannot get
anything done. She alleged that her calls to the Police
.
I
Public & Cormnission Comments
Regular Meeting of February 23, 1993
Page Two
have not been responded to, the most recent time last Friday
night (would have been 2/19/93) when she called at 8:23 p.m.
and no one ever showed up. Mrs. Dobson asked when this
problem would be addressed.
(4) Mr. Chris Bean, who spoke in support of Mrs. Dobson by
pointing out that it is his experience that a great many of
the young people in the area are turning to drugs, and the
drug dealers are the ones being looked upon as role models.
This is a growing problem and one which needs to be
addressed quickly.
(5) Ms. Alice Finst, 707 Place Tavant, as follows:
(a) Inquired about the status of some kind of visual aid to
assist the public in seeing the presentations which are
made to the Cormnission.
(b) Referred to the historic marker in the northwest area
of the city and the Manager's prior comment that
something would be happening there in October. Ms.
Finst asked if someone couldn't spend a morning over
there and put in some plantings around the marker and
fix the fence. It is an historic site and she feels it
should be cleaned up before October.
(c) Stated that she was present at City Hall the other
night for a meeting and some sort of an alarm went off
and rang for close to 15-20 minutes. Usually when an
alarm goes off it means something is happening that
needs to be looked into, and it was at least 15 minutes
or so before anyone carne around to check it out. In
the event there should ever be a fire or a need for
assistance in the building, 15 to 20 minutes is too
long to wait. Ms. Finst questioned if this particular
alarm should even be hooked up and, if so, who is
supposed to be monitoring it?
(d) Commented that she thinks the City looks wonderful and
complimented Digby Bridges for a great job on the
tennis center, together with all staff members who have
worked very hard and deserve alot of praise for all
they have done. It seems like a rejuvenation to the
downtown and she hopes that it will keep spreading.
(6) Mr. Jerry Marshall, who commended Assistant City Manager Bob
Barcinski for doing such a tremendous job on the Education
Expo. It was very well done, well attended and the kids had
a wonderful time. Mr. Barcinski did an outstanding job in
pulling it all together.
I
Public & Cormnission Cormnents
Regular Meeting of February 23, 1993
Page Three
(7 ) Mr. Ray Masters, Sherwood Park resident, as follows:
(a) Regarding the upcoming referendum on March 9th dealing
with improvements to (S.W.) 10th Street, from Wallace
Drive through to Congress Avenue. Mr. Masters stated
that he believes this is probably necessary to relieve
traffic congestion in that area; however, his main
concern is that when the traffic comes west on 10th to
Congress, the general assumption is it will turn either
left or right on Congress. He believes this is an
incorrect assumption and feels that people will
continue along 10th, over Congress, and corne down
Lowson Boulevard which is a family neighborhood. His
concern is that if traffic is induced along the 10th
Street corridor, it will naturally follow through along
Lowson. Mr. Masters asked the Commission to consider
some alternatives or some method by which we can avoid
flooding what is fundamentally a family neighborhood
from what will become a major thoroughfare to relieve
traffic congestion on Linton and Atlantic.
Mayor Lynch advised that staff is aware of this
situation and it will be looked into. It is a little
premature at this stage, but will be taken into
consideration.
(b) Mr. Masters stated he is aware of the possibility of
losing the school site at Military and Linton and
strongly supports the Cormnission in their fight to keep
the school at that location.
Commission Comments:
(1 ) Mr. Randolph:
(a) with respect to the work being done on N.W. 6th Avenue,
over the past weekend, the contractor apparently left
the job in a condition where some of the residents
couldn't get into their yards to park their cars. Mr.
Randolph requested the contractor be asked to make sure
that people have access to their driveways before
shutting down work for the day.
(b) With respect to prior public cormnents on the drug
problems in the city, Mr. Randolph restated the
severity of the problem. While such efforts as the
Cormnunity Policing program have been somewhat
successful, Mr. Randolph reiterated his position that
the problem isn't going to be solved by just chasing
the little guy on the street; there needs to be greater
emphasis on the people who are bringing the drugs into
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I
Public & Commission Cormnents
Regular Meeting of February 23, 1993
Page Four
the cormnunity to the point where it will become known that
Delray Beach will not tolerate drugs being brought in. He
reported that while working on a job at S.W. 2nd Street and
S.W. 11th Avenue, drug dealing was going on openly on S.W.
2nd Street, less than 100 feet from the Police facility. He
requested that an extra effort be made to clamp down on this
problem.
(2) Mr. Ellingsworth: Relative to Mr. Randolph's comments on
the drug problem, Mr. Ellingsworth referred to a letter
received from Bill Wallace concerning the article that
appeared on car theft (about 54 cars stolen so far this
year) . He felt that the majority of the thefts are probably
corning from what Mr. Randolph is talking about, people
stealing to get money to buy drugs. He hopes the city will
do everything it can to address this situation, and asked
the City Manager to discuss with the Police Chief this
particular situation with the automobile dealers.
( 3 ) Dr. Alperin: Inquired as to the status of the bonus program
for staff members who corne up with cost-saving ideas? Mayor
Lynch cormnented that while it had been discussed by the
Commission some time ago, nothing was ever finalized.
(4 ) Mr. Mouw:
(a) Asked the City Manager to put a push on staff to get
S. W. 10th Avenue on-line as soon as possible. He
recognizes the start-up is slow with the land
acquisition, negotiations, etc. , but we need to
prioritize and stay on this one.
~ (b) Asked to receive a copy of the attendance sheets for
the Planning and Zoning Board. COPt( AflAetlE.D' ~ COP'{ hR:S
(5 ) ,.I~~O\/ B'-En Pe.t)fJ10E.O Tb m~. rnou.uJ - otn- ~/~/93
Mayor Lynch:
(a) Stated that Ms. Virginia Snyder had given him the name
of a Mrs. Morgan who lives in Delray and who is
involved with Private Industry Council (PIC) .
Apparently, PIC is willing to supply the manpower to
put in lawns. So, if the City requires people to
upgrade their yards to minimum standards, PIC will
provide the manpower, for free, to do that; then, if
the Garden Club gives us the plants, the only things
the people would have to pay for would be the sod and
if they put in a sprinkler system. Mayor Lynch asked
that this be followed up on; PIC has their office over
at the old Winn-Dixie site, and Mrs. Morgan is willing
to get us help. PIC is supposed to have over 2,000
people starting in June; they hire summer kids and we
should get the word out to teenagers who are looking
for summer work they should apply for jobs through PIC.
This could be one way of helping to solve the problem
of the expense involved with upgrading landscaping.
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I
Public & Cormnission Cormnents
Regular Meeting of February 23, 1993
Page Five
.
(b) Asked about the cost of the due diligence reports which
were provided on John D. Collins/Gulf Building Corp.
He felt they were good reports and, if the price was
reasonable, suggested we consider doing them on
everybody since they did provide very thorough
information.
(c) Asked for a report back on the status of the 25%
statutory requirement on the police and fire pension
issue to determine if we are in compliance.
(d) Reminded the Cormnission of the City picnic this
Saturday, 2/27/93, and the need to field a softball
team for the 11:15 a.m. game. He asked the Commission
members to contact Mary Dostal on Wednesday, 2/24, with
the names of a few advisory board members they would
like to have contacted to play on the team.
(e) Noted that in Boca Raton there is some contention about
political signs. Mayor Lynch would also like Delray
Beach to address this issue, sometime after the
election on March 9th but before the next election, in
an effort to corne up with some kind of criteria which
would help the city not look so trashy when all the
signs go up (if the Commission feels that signs should
be allowed to go up at all). He asked that this matter
be put to a workshop session sometime after the March
1993 election.
AMH
2/24/93
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ATTENDANCE ROSTER
PLANNING & ZONING BOARD
1992 - 1993
=============================================================================
FeIner Currie Karen Beer Naron Krall Kellerman Total
Kiselewski
=============================================================================
7/06/92 Planning Wksp. X A A X X X X 5
7/13/92 Regular Wksp. X X X X X X X 7
7/20/92 PH/Regular X X X X X X X 7
7/23/92 Planning Wksp. A X A A X X X 4
8/10/92 Planning Wksp. A X A X X X X 5
8/17/92 PH/Regular X A X X A X X 5
8/20/92 Special Mtg. X A X X X X X 6
8/27/92 Planning Wksp. A X A X X X X 5
& Special Mtg.
9/14/92 Regular Wksp. X A X X A X X 5
9/21/92 PH/Regular X X X X X X X 7
9/24/92 Planning Wksp. X X X X A X X 6
10/12/92 Regular Wksp. X X X X X X X 7
10/19/92 PH/Regular X X X X X X X 7
lO/22/92 Planning Wksp. A X X X X X X 6
11/09/92 Regular Wksp. X X X X X X A 6
11/16/92 PH/Regular X X X X X A A 5
11/30/92 Rescheduled X X X X X X X 7
Planning Wksp.
12/14/92 Special
(Resch. PH/Reg) X A X X X A X 5
X Present
A Absent
" H
.
.
=============================================================================
FeIner Currie K.K. Beer Naron Krall Kellerman Total
=============================================================================
1/04/93 Special Wksp. X A X X X X X 6
1/11/93 Special Mtg. A A X X X X X 5
1/24/93 PH/Reg.Mtg. X X X X X X X 7
1/28/93 Con't.Reg.Mtg. A A X X A X X 5
& Workshop
2/08/93 Special Mtg. X A X X X X X 6
& Reg. Wkshop.
2/22/93 PH/Regular X X X X X X X 7
x Present
A Absent
Y:PZATTEND.DOC
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~ISON HARTY, CITY CLERK
/' .
/ \:/0
~-'\ ~:AJ ~D+---
FROM:~ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: JULY 8, 1992
SUBJECT: PLANNING AND ZONING BOARD ATTENDANCE RECORD
Pursuant to current practice, the following is a report of
Planning and Zoning Board member attendance over the past ten
months (9/1/92 through 6/92).
Members eliqible for reappointment in Auqust, 1992:
(meetings attended/total meetings . .. percentage)
Bus/Spec Mtgs Reg W/S PIng/Spec W/S Total ,
Jean Beer 15/15 100' 9/9 100' 9/9 100' 33/33 100
Tom Purdo 15/15 100' 7/9 78' 4/9 44' 26/33 79
Larry Parker 11/15 73' 5/9 55' 5/9 55' 21/33 64
Bob Currie 12/15 80' 8/9 88' 0/9 -0- 20/33 61
Members with continuing terms:
Mark Krall 13/15 87' 7/9 78' 8/9 88' 28/33 85
Jack Kellerman 13/15 87' 8/9 88' 7/9 78' 28/33 85
Rita Naron 14/15 93' 5/9 55' 3/9 33\ 22/33 66
AVERAGE 13/15 87' 7/9 78' 5/9 55' 25/33 76
* Two (2) Planning Worksessions were cancelled due to a lack
of a quorum.
DJK/T:PZATTEND.DOC
'1' "
.
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSlt-.HLE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: February 23, 1993 ~j(/~
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Implementation of Newsrack Ordinance
I had a favorable meeting with representatives of the Sun-
Sentinel, Palm Beach Post, Miami Herald, Boca/Delray News and
USA Today. The meeting occurred in response to some code
enforcement citations the newspapers had received. It was
agreed that the City would toll the time running on- the news-
papers to appeal the code enforcement violations so as to allow
us to get direction from the City Commission on potential
resolution of these matters. The newspapers had indicated that
they were prepared to facially challenge the ordinance in the
United States District Court, but would prefer to work with us
in an attempt to amend the ordinance. While no specific
agreements were reached, I think the groundwork for amendments
to the present ordinance in the following areas was
established:
1. Site Distance Triangles at Intersection. The newspaper
companies disagreed with the extent of our site distant
areas, but did concur that there was an area in the
vicinity of intersections where newsracks could be
excluded. If directed to explore this issue, I will meet
with Greg Luttrell and see if an area of compromise can be
reached.
2. Swale Areas. The newspapers agreed that there was a
problem with pulling off onto , swale and
cars areas
destroying the swale and/or creating a hazard for traffic.
To that end, they were going to look at areas in which
they have newsracks located on swales without sidewalks
and identify areas that will be appropriate for a pull-Off
lane and/or relocation to private property. A possible
compromise could be reached if the newsracks were located
on an improved surface within the right-of-way and/or
within private shopping centers and the like. The
,
City Commission
February 23, 1993
Page 2
newspapers, if given these preferred locations, would
offer elimination of offending locations in the area.
3. Locatinq Newsracks on Sod. The City concurred that we
should look at the regulation which does not allow for the
placement of a newsrack on sod, even if it is on the
non-street side of a sidewalk.
4. Sidewalk Clear Area. It was also felt that we could
review the requirement on sidewalks that there be a five
foot clear area and study that by doing field research
with wheelchair bound individuals.
5. Sinqle Family Location. The parties concurred that
newsracks should not be placed within single family
subdivisions.
6. Color. The parties concurred that if the rest of the
ordinance were worked out, it would be to everyone's
interest to await the outcome of the Coral Gables
litigation concerning color requirements before enforcing
them in Delray Beach.
There obviously remains areas of dispute and considerable work
to be doITe-- on the details of any proposed amendments, but it
would be my recommendation that the City abate any further
enforcement and toll the time running on the present code
violations for 45 days so as to allow staff to work with the
newspaper representatives and see if common ground on amend-
ments to the proposed newsrack ordinance would be reached.
This item will be brought before you for direction at the City
Commission meeting of February 23, 1993.
JSK:sh
cc: David Harden, City Manager
newe-2.jek
, '
I
..
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: February 23, 1993
To: City Commission Cl ty Attorney ~A fvv'
From: Jeffrey S. Kurtz,
Subject: Ritchason v. City of Delray Beach
This memo will serve to update the City Commission on the
status of the Ritchason case. Ms. Ritchason had filed suit in
1991 following her termination from employment with the City.
The suit originally consisted of two basic counts. First, that
she was a civil service employee and therefore should have been
entitled to a post-termination hearing. Secondly, that the
City Manager's letter of termination and my memo concerning a
possible settlement violated her "liberty interest" and there-
fore she was entitled to a name clearing hearing, which she
allegedf3he was denied.
Later, after the EEOC had not made a finding, Ms. Ritchason
amended her complaint to include a Title VII sex discrimination
claim. The City Manager and the City were both named in the
lawsuit with respect to the first two counts, but only the City
was named in the Title VII count.
The City Manager and the City filed motions for summary
judgments, which were argued before Judge Ryskamp in October,
1992. The motions addressed only the first two issues and not
the sex discrimination claim, as that count was only raised in
September, and because of factual disputes, it was unlikely
that summary judgment on the sex discrimination count would be
granted.
The court ruled that Ms. Ritchason was not a civil service
employee and did not have a property interest in her job,
therefore, she had no right to a post termination hearing.
This ruling is important because it eliminates the issue of
whether the City had to terminate her employment. The firing of
an at-will employee is only actionable if it was done for
illegal (discriminatory) reasons.
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- -'"
City Commission
February 23, 1993
Page 2
In addition, the court ruled that neither the City Manager's
letter or my memo were stigmatizing, and thus, they did not
impinge on her liberty interest.
Therefore, the only count remaining is the sex discrimination
claim against the City. This matter will be tried before Judge
Ryskamp, without a jury, beginning March 8, 1993. Even though
the City Manager is no longer exposed to personal liability
from this trial, it is my recommendation that he act as the
City's representative at trial.
I will be meeting with the City and City Manager's attorneys to
finalize a strategy for trial. While I am very confident that
the City will ultimately be successful, I fully anticipate that
an appeal of the summary judgments will be filed by Ms.
Ritchason.
Should you desire to review the Court's Order or have any
questions concerning this matter, please do not hesitate to
contact me.
JSK:sh
cc: Dav~Harden, City Manager
Lee Graham, Risk Manager
Donna Woods, Claims Representative, Gallagher Bassett
Services, Inc.
. "