03-23-93 Regular
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 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. City 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 come up to
the podium to make your comments, kindly complete the sign-in sheet if
you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission by
the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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City Commission
Regular Meeting
3/23/93
APPELLATE PROCEDURES
Please be advised that if a person decides ~o 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.
h. Approval of Minutes:
Special Meeting of March 2, 1993
Regular Meeting of March 10, 1993
6. Proclamations:
A. Purchasing Month - March 1993
B. National Building Safety Week - April 11-17, 1993
C. Days of Remembrance of the Victims of the Holocaust - April
18-25, 1993
D. National Preschool Immunization Week - April 24-30, 1993
E. Re. Downtown Development Authority Special Election
7. Presentations:
A. Resolution No. 25-93: A resolution commending Commissioner
Armand Mouw for his service as a Commission Member with the
City of Delray Beach.
8. Consent Agenda: City Manager recommends approval.
A. EMERGENCY BID AWARD: Approve the award of bid to Ocean Bay
Construction in the amount of $19,950 for emergency repairs to
improve the water pressure on S.W. 1st Street between S.W. 6th
and 8th Avenues i with funding from Renewal and Replacement Water
Distribution Improvements (Account No. 442-5178-536-61.78).
B. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff
to submit a grant application for funding in the amount of
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City Commission
Regular Meeting
3/23/93
$172,424 to the Children's Services Council to support the City's
afterschool recreation program.
C. OFFER OF SETTLEMENT: Approve a settlement offer in the
amount of $5,000 in the Edward Mitchell v. the City of Delray
Beach litigation.
D. REOUEST FOR RELEASE OF WATER LIEN/43 S.W. 8TH AVENUE:
Consider a request from Habitat for Humanity for release of a
water lien on property at 43 S.W. 8th Avenue.
E. RESOLUTION NO. 28-93: A resolution authorizing the transfer
of a cable television franchise from National Cable Limited to
National Cable Acquisition Associates, L.P.
F. RESOLUTION NO. 30-93: A resolution amending Resolution No.
18-91 which created the Kids and Cops Committee to clarify the
membership composition relative to representation from the
recognized bargaining unit for the Police Department.
1. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Ratify staff appointments to the Kids and Cops
Committee.
G. RESOLUTION NO. 26-93: A resolution calling for the Downtown
Development Authority Special Election.
H. RESOLUTION NO. 22-93: A resolution assessing the cost for
abatement action necessary to board up an unsafe building locate
at 714-716 N.W. 3rd Street.
I. RESOLUTION NO. 23-93: A resolution assessing the cost for
abatement action necessary to remove nuisances from 22 properties
located within the City.
J. I::SOLUTION NO. 24-93: A resolution assessing the cost for
abatement action necessary to remove junked/abandoned vehicles
from seven (7) properties located within the City.
K. APPOINTMENT OF OUTSIDE COUNSEL: Appoint outside counsel to
represent the City in the Shatz v. City of Delray Beach
litigation.
L. SUMMER YOUTH EMPLOYMENT PROGRAM: Approve a City sponsored
Summer Youth Employment Program. Approximate cost of this
program is $17,280. Funding to corne from participating
departmental accounts.
M. AWARD OF BIDS AND CONTRACTS:
1. Chemicals - Environmental Services - Jones Chemical in
the estimated amount of $36,882 (Chlorine), with funding
from Water Treatment and Storage Chemicals (Account No.
441-5122-536-52.21); Allied Universal in the estimated
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City Commission
Regular Meeting
3/23/93
amounts of $3,792 (Calcium Hypochlorite) and $25,740 (Sodium
Hypochlori te), with funding from Lift Station Maintenance
Chemicals (Account No. 441-5144-536-52.21).
2. Soft Drink Vending Machine Contract - DiLoreto and Sons,
Inc. with a projected annual revenue to the City of
$13,535.
3. Computers - Police Department - $12,846.83 (State and
GSA Contract) - Magco/AC3 Computer Corporation in the amount
of $12,323.93 and GTSI in the amount of $523 with funding
from Renewal and Replacement Computer Equipment (Account No.
334-6112-519-64.11).
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 March 8,
1993 through March 19, 1993.
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~I B. RESOLUTION NO. 27-93: A resolution requesting the Palm Beach
~ County Board of Commissioners to seek a "No Wake Zone"
~' designation along the Intracoastal Waterway in the area adjoining
Henry's Marina. City Manager recommends approval.
C. AMENDMENT TO WATER AND SEWER RENEWAL AND REPLACEMENT FUND:
Amend the Water and Sewer Renewal and Replacement Fund to reflect
the audited fund balance. City Manager recommends approval.
D. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT: Ratify the
collective bargaining agreement with the International
Brotherhood of Firemen and Oilers. City Manager recommends
approval.
E. SERVICE AUTHORIZATION NO. 12/HAZEN AND SAWYER: Consider a
service authorization in the amount of $29,655 to the contract
with Hazen and Sawyer for consulting services to design a pigging
(cleaning) systems for the dedicated raw water line from the 20
Series Wells to the degasifier located at the Water Treatment
Plant; with funding from 1991 Water and Sewer Revenue Bond - Well
Monitoring/Rehabilitation - Engineering/Architect (Account No.
447-5171-536-31.30). City Manager recommends approval.
F. AMENDMENT NO. 2 TO SERVICE AUTHOR I ZATION NO. 8/CH2M HILL:
Consider an amendment to Service Authorization No. 8 in the
amount of $14,141 to the contract with CH2M Hill for consulting
services in conjunction with the relocation of Well #7 and
redesign of a new well at the North Tank; with funding from
Renewal and Replacement - Well Rehabilitation, Replacement and
Upgrade (Account No. 442-5178-536-61.82 (pending budget
transfer). City Manager recommends approval.
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City Commission
Regular Meeting
3/23/93
G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
member to the Housing Authority to fill the unexpired term of
Lillie Harris ending July 14, 1994.
H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a member to
fill the expired term of June Henley to a term ending April 1,
1995.
I. APPOINTMENT TO THE AFFORDABLE HOUSING COMMITTEE: Appoint a
member to the category "a citizen who is representative of those
areas of labor engaged in home building" on the Affordable
Housing Committee.
J. APPOINTMENTS TO THE NEIGHBORHOOD TASK TEAM: Appoint of four
members to the Neighborhood Task Team.
K. SETTLEMENT OF ACQUISITION OF PROPERTY/MASTER PUMP STATION:
Consider settlement of the City's acquisition of the Elks
property relative to the Master Booster Pump Station project.
L. SETTLEMENT OF VALUATIONS ON SPADY PROPERTY ACOUISITIONS:
City Attorney will present results of mediation on three
remaining properties, including a recommendation to settle Parcel
"F" owned by Raleigh Harris.
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Pu ~c Hear~ngs:
A. COMPREHENSIVE PLAN AMENDMENT 93-1 TRANSMITTAL HEARING:
Authorize staff to forward Plan Amendment 93-1 to the State
Department of Community Affairs. Planning and Zoning Board
recommends approval.
B. ORDINANCE NO. 24-93: An ordinance rezoning property located
at 630 S.E. 6th Avenue (former Tire Kingdom site) from GC
(General Commercial) to AC (Automotive Commercial). Planning and
Zoning Board recommends denial.
1. CONDITIONAL USE APPROVAL: Consider a request for
conditional use approval to establish a Meineke Muffler Shop
at 630 S.E. 6th Avenue (former Tire Kingdom site). Planning
and Zoning Board recommends denial.
C. ORDINANCE NO. 11-93: An ordinance amending Appendix "A" of
the Land Development Regulations by amending the definition of
family. Planning and Zoning Board recommends denial.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
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City Commission
Regular Meeting
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12. First Readings:
A. ORDINANCE NO. 25-93: An ordinance rezoning a portion of
the Congress Park South property from PCC (Planned Commerce
Center) zone district to LI (Light Industrial) zone district.
Planning and Zoning Board recommends approval. If passed public
hearing April 13th.
B. ORDINANCE NO. 32-93: An ordinance amending the Land
Development Regulations by modifying Section 4.4.26 (C) (4) ,
"Accessory Use and Structures Permitted" to clarify the type of
retailing and the amount of floor area which may be devoted to
retail use; and, amending Subsection 4.3.4 (K), "Development
Standards Matrix" to provide for a reduction in lot frontage
from 100 feet to zero in the LI (Light Industrial) zone district.
Planning and Zoning Board recommends approval. If passed public
hearing April 13th.
C. ORDINANCE NO. 30-93: An ordinance amending the Land
Development Regulations by modifying Section 4.6.16 (f)(3),
"Irrigation Design Standards" to require the installation of rust
inhibi ting systems with new new irrigations systems (exc luding
single family residents) and the use of rain sensing devices on
all new irrigation systems and modification to existing systems.
Planning and Zoning Board recommends approval. If passed public
hearing April 13th.
D. ORDINANCE NO. 26-93: An ordinance amending the Land
Development Regulations by modifying Section 2.4.3 (D),
"Preliminary Engineering Plans", to include surface water
(drainage) calculations as a submission requirement of the site
plan review process. Planning and Zoning Board recommends
approval. If passed public hearing April 13th.
E. ORDINANCE NO. 27-93: An ordinance amending the Land
Development Regulations by modifying Sections 2.4.5 (I) (a) and
(b), "Architectural (Appearance) Elevations", to require Site
Plan Review and Appearance Board or Historic Preservation Board
approval of color changes to structures or elevations. Planning
and Zoning Board recommends approval. If passed public hearing
April 13th.
F. ORDINANCE NO. 31-93: An ordinance amending the Land
Development Regulations by modifying Section 6.1.10 (B)(2)(d) to
bring the City's fire flow standards into conformance with those
currently accepted by the Insurance Service Office. Planning and
Zoning Board recommends approval. If passed public hearing April
13th.
G. ORDINANCE NO. 29-93: An ordinance amending the Land
Development Regulations by modifying Sections 4.4.10 "Automotive
Commercial (AC) District, Subsections (G) and (H) to provide for
the transfer of authority for certain specific waivers from the
Planning and Zoning Board to the Site Plan Review and Appearance
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City Commission
Regular Meeting
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Board. Planning and Zoning Board recommends approval. If passed
public hearing April 13th.
H. ORDINANCE NO. 28-93: An ordinance amending the Land
Development Regulations by deleting Section 2.4.7 (F) (2) (a-d)
which provided the mechanism for obtaining special relief from
improper regulations. Planning and Zoning Board recommends
approval. If passed public hearing April 13th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
c. City Manager
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 23. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
M. SETTLEMENT OF PRESCOTT V. CITY OF DELRAY BEACH: Consider a
settlement offer in the Prescott v. City of Delray Beach. City
Attorney recommends settlement of attorney's fees in the amount
of $5,000 in exchange for the voluntary dismissal with prejudice
of this case.
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CITY DF DELRAY BEA[H
PROCLur~ TlO'
WHEREAS, the purchasing and materials management
profession has a significant role in the quality, efficiency, and
profitability of business and government throughout the Untied
States; and,
WHEREAS, the purchasing and materials management
profession works for private and public, and profit and nonprofit
organizations; and,
WHEREAS, in addition to the purchase of goods and
services, the purchasing and materials management profession
engages in or has direct responsibility for functions such as
executing, implementing, and administering contracts; developing
forecasts and procurement strategies; supervising and/or
monitoring the flow and storage of materials; and developing
working relationships with suppliers and with other departments
within the organization; and,
WHEREAS, the purchasing and materials management
profession has tremendous influence on the economic conditions in
the United States, with an accumulative purchasing power running
into the billions of dollars; and,
WHEREAS, purchasing or procurement operations range
from one person departments to several thousand; and,
WHEREAS, the National Institute of Goverl1lllental
Purchasing, Inc. and other associations around the globe are
holding activities and special events to further educate and
inform the general public on the role of purchasing within
business, industry, and government.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim March 1993 as
"PURCHASING MONTH"
for the City of Delray Beach, Florida, and encourage all citizens
to jOin me in commemorating this observance.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 23rd day of March, 1993.
MAY 0 R
THOMAS E. LYNCH
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[ITY DF DELRAY BEA[H
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PROCL.-U/A TIO\
WHEREAS, the City of Delray Beach is pleased to observe
NATIONAL BUILDING SAFETY WEEK as scheduled for the week of Apr il
II through 17, 1993; and,
WHEREAS, the purpose of the observance of the week is
to highlight the services provided by Building Departments in
ensuring the public's safety in the built environment; and,
WHEREAS, NATIONAL BUILDING SAFETY WEEK promotes safety
in building practices by calling attention to sound building
procedures used by contractors working in the City of Delray
Beach.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the week of April 11 through l7, 1993, as
"BUILDING SAFETY WEEK"
in the City of Delray Beach, Florida.
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 March, 1993.
. MAY 0 R
.,,#< THOMAS E. LYNCH
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(ITY DF DELRAY BEA[H
PRO(L iI/11ft)'
WHEREAS, six million Jews were systematically murdered
by Nazi Germany and their collaborators from 1933 to 1945;
hundreds of thousands of Gypsies and millions of Slavs,
handicapped. religious and political dissidents and others deemed
by the Nazis as "unworthy of life" were swept into this abyss;
and,
WHEREAS, April 19. 1993. marks the fiftieth anniversary
of the uprising by valiant young Je!"ish men and women in the
Warsaw Ghetto against overwhelming Nazi military might; followed
later in 1943 by revolts in the killing centers of Treblinka and
Sobibor; and,
WHEREAS, all our citizens should remember the
atrocities committed by Nazi Germany and their collaborators and
recognize that each of US must remain eternally vigilant against
all tyranny; and.
WHEREAS. Sunday, April 18. 1993. has been designated
pursuant to an Act of Congress as a Day of Remembrance of the
Victims of the Holocaust, known internationally as Yom Hashoah;
and,
WHEREAS, it is appropriate for the citizens of Delray
Beach, Florida, to join in this commemoration with the United
States Holocaust Memorial Museum, dedicated this year as the
nation's center for learning and remembrance of the Holocaust.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim the week of Sunday, April 18 through Sunday.
April 25, 1993. as
"DAY OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST"
in memory of those victims and in the hope that we will strive
always to overcome prejudice and inhumanity through education,
vigilance and dedication to equal justice for all.
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 March, 1993.
MAY 0 R
THOMAS E. LYNCH
be.,
[ITY DF DELRAY BEA[H
PROCL-UfA TlO\
WHEREAS, the Charter of the City of Delray Beach, Florida,
provides for the calling of a Special Election for the purpose of
holding a Referendum Election: and,
WHEREAS, the Legislature of the State of Florida adopted
Chapter 91-385, Laws of Florida (House Bill 1553), subsequently amended
by Chapter 92-263, Laws of Florida (House Bill 1631), permitting the
expansion of the Down town Development Authority area description to
include properties eastward of the Intracoastal Waterway, northward of
current Downtown Development Authority area to include those properties
lying South of N.E. 4th Street, southward of the current Downtown
Development Authority area to include those properties lying North of
S.E. 3rd Street, bounded generally on the west by N.E. 1st Avenue, 'all
such properties lying within the municipal boundaries of the City of
Delray Beach, Florida, upon fulfillment of certain conditions, one of
which is the holding of a referendum election in regard to such
question: and,
WHE REAS , Chapter 91-385, Laws of Florida (House Bill 1553) ,
as subsequently amended by Chapter 92-263, Laws of Florida ( House Bill
163l) , requires that voting in the referendum election shall be by
separate vote of the qualified electors in the current and proposed
areas of the Delray Beach Downtown Development Authority.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby call a Special Election for such
purposes to be held on Tuesday, April 27, 1993, between the hours of
7:00 A.M. and 7: 00 P. M. , the Precincts and Polling Places in the City
of Delray Beach, Florida, as designated by the Supervisor of Elections
for Palm Beach County, Florida, being as follows:
ALL ELIGIBLE VOTERS IN PRECINCTS 170, 172, 172A, 175, 175A,
AND 189 WILL VOTE AT THE FOLLOWING LOCATION:
Polling Place
Delray Beach Community Center - 50 N.W. 1st Avenue
All qualified electors who shall be permitted to vote in this
election are those within the current geographic area of the Delray
Beach Downtown Development Authority and the geographic area proposed
to be added to the Delray Beach Downtown Development Authority as
indicated in Chapter 91-385, Laws of Florida (HB 1 55 3) .
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City of Delray Beach, Florida, to be affixed this 23rd day
of March, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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(or:
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RESOLUTION NO. 25-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
OUTGOING COMMISSION MEMBER ARMAND MOUW.
WHEREAS, ARMAND MOUW has unselfishly given of his time, ability
and effort as a City Commission Member from November 1990 to March 1993;
and,
WHEREAS, ARMAND MOUW has provided the City of Delray Beach with
service dedicated to the concepts of effective and democratic local
government; and,
WHEREAS, ARMAND MOUW has been instrumental in assisting the
City to progress and to upgrade services for the general welfare of all
citizens; and,
WHEREAS, the City of Delray Beach is appreciative of his
dedicated service and accomplishments for better government as a
Commission member.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That ARMAND MOUW be, and he is hereby recognized
and commended for his dedicated service and generous efforts to maintain
and upgrade the general welfare of the City of Delray Beach, Florida, as
a member of the City Commission from November of 1990 through March,
1993.
PASSED AND ADOPTED in regular session on this the 23rd day of
March, 1993.
MAY 0 R
ATTEST:
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'/~
SUBJECT: AGENDA ITEM i ~~ - MEETING OF MARCH 23. 1993
EMERGENCY REPAIR
DATE: March 19, 1993
This item is before you to approve the award of bid to Ocean Bay
Construction, Inc. in the amount of $19,950 for emergency repairs to
improve water pressure on S. W. 1 st Street between S. W. 6th and 8th
Avenues.
This project is being done on an emergency basis to avoid a major
boiling water alert which is required as a result of a drop in the
water pressure below 20 p. s. i. along this street. The project
involves extending the six inch water main on S.W. 1st Street to tie
into the existing two inch galvanized water main on S.W. 8th Avenue.
Recommend approval of the emergency award to Ocean Bay Construction,
Inc. in the amount of $19,500 with funding from Renewal and
Replacement Water Distribution Improvements (Account No.
442-5178-536-61.78).
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Agenda Item No.:
AGENDA REQUEST
Date: March 17. 1993
Request to be placed ons
XXX Regular Agenda
Special Agenda
workshop Agenda When: March 23. 1993
Description of item ~WhO, what, where. how much): Staff requests City Commission to
approve emergency repair V Ocean Bay Construction. Inc. to extend the six (6) inch water main on
S.W. 1st Street and tie in the existinQ two (2) inch Qalvanized water main on S.W. 8th Avenue. This
main is needed to provide adeauate fire flow and pressure to this neiQhborhood and avoid oenalties
from Health Department. Fundin9 442-5178-536-61.78. Cost is $19t~
Cl~n . (">c)
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendations Staff recommends City Commission to approve emergency repair to Ocean Bay
Constructi on. I nc. in the amount of $19.~. ?t::;n r-r,
Department Head Signatures 4t/4~ 3f~3 ~ '-III-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget D!<ector Review ~red on all itemB involving expenditure of fundB).
Funding available: Y INO
Funding alternativ ~ ~~pp~Cable) ~
Account No. & Descri~~n #Z,..611gAO?f" ~I -,,-;g ~t<... Ar-@Z D/~.IfV1A .
Account Balance f!../) I
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City Manager Review:
Approved for agenda: c& t~ \
YE /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM ~
TO: David T. Harden
City Manager
THRU: William H. Greenwood 1t/1lb.
Director of Environmental Services
FROM: George Abou-Jaoude
Deputy Director/PoU.
SUBJECT: LOW WATER PRESSURE
EMERGENCY REPAIR
DATE: March 10, ~993
Attached please find charts for recorded pressures at s. W. 7th
Avenue and S.W. 1st street. The charts indicate a low pressure
problem about 20 psi which is prohibited by the Health
Department. To avoid a maj or boil ing water alert, we need to
extend the 6 inch water main on S.W. 1st street and tie in the
existing 2 inch galvanized water main. This will boost the
pressure to accepted levels.
Also, attached are cost estimates from our emergency contractors:
Ocean Bay $19,950.00
Johnson-Davis $20,500000 Not Responsive
W. Jackson & Sons No Show
I recommend that we award this work to Ocean Bay Construction.
FU~~-517~-61.78.
George AbOU-~
Deputy Director/p.u.
GA:pw
FILE: Memos To City Manager
a: EMERGENCY. DOC
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February 24. 1989
TO: r.olllnllllllly '~nter SuppJ lel's
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5choduled'l
The telephone n u m b (? lO to ca 11 Mond")' through Friday, 8 ^M - 5 PM iN
(407) 355w3070, A!'ter' 0 PM. weokondli Ilnd holidays pltJftse call 355-
3000. This number go~s directly to A.G. Holley HospItal
8\11 i tchboatOd ape .' u t 0 l' W II 0 will !'Iotify the starr on-call.
Chnpter 17-555.320(4) F.A.C. nlso requires that 0. mInumum chlorine
residual of 0.2 mg/l (nnd/ol' 0.1;) must bo mnintaineo at all times
t h t' 0 ugh 0 II t the distribution system. Please take the necessnry
prncftutiolls to rneot this requIrement.
Your CDolletoj)tion is nppreciated. ^S' n regulotory Agency our gonl
1s to Po n R It I' C thu p,'ov!slol1 uf QuaJlty drinking w~tor to thu Po I hI
Beuch County t' ~ sid c n t s . Should YOll hav,~ any questlol1A t'agl1,'ding
t h j s m n t t e l' I plc~8e contact the undersiined ~t 355.3070.
5 In c e to e 1 ~, . .
1"0 t. th~ n.tvislnn lJirector
E~CI~ Eng!n..,"!ng
. ~
Asir Cnl\Yl1s
Supervl$ing Engineer
Drinking Water SectIon
'- FJG/AC/d~1
DISTRICT IX
PALM BEACH COUNTY HEALTH DEPN \TMENT. I~O. BOX 29, WEST PALM BEACH. FL 33"t.()2
- -
80 \RTINEZ, COVEHNOR
-
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.... ;
. .
COST ESTIMATE
S - W. 1st Street Between S.W. 6 Avenue & S.W. n Avenue
UNIT
DESCIHPTION lQUANTITY lUNIT lPRICE lTOTAL
=~~=~;;-~;-=~=======~~~~~~~~=~========~=~=~~~~~~~~~~====~;;;;=
8" DIP Class 52 1 700 lL.F. 1 18.00 1 /~ ",cO . " C)
6" Tapping Sleeve &. Valve 1 1 lEA. l~.oO 1 ~OO. 00
211 Tapping & Va.l ve 1 2 lEA. L:;?oo.tX) 1 1-/00. '-' 0
81t Gate Valve 1 3 lEA. 1 L/6o. (Ji) 1 /3$0. 00
Fire Hydrant Assembly 1 1 lEA. l/SiX' ,'-'<" 1 1.,$00' () ()
Asphalt Restoration 1 100 lSY 110.001 1000.00
Fittings & Miscellaneous 1 1 lL.S. 1 ..$' lX> 0C1 1 ,5c:.~(J . (, 0
* Restoration 1 1 lL.S. l.:9oco~(.\ 1 &>000 . <.>-0
~====~=.===~~~~~~~~~~~~~~~~~============~-;~==~~~~~~~~~~=====-
TOTAL .If, [<iqSO.OO
This price shall include: .
- Testing, Density
- Bacteriological Results
- Traffic Control
- AS-builts
Need price no later than Wednesday, March 10, 1993 by. 12:00 pm
I
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f~
SUBJECT: AGENDA ITEM tt ~E> - MEETING OF MARCH 23. 1993
AUTHORIZATION TO SUBMIT GRANT APPLICATION
DATE: March 19, 1993
This item is before you to authorize staff to submit an application
for grant funding to the Children's Services Council to fund the
City's afterschool programs for Fiscal Year 1993/94.
In the past five years the City has received grant funding from the
Children's Service Council in the approximate amount of $741,402.
These funds are used to provide recreational and educational
activities to approximately 300 latchkey children at Carver Middle
School, the Community Center and Pompey Park.
In addition, a cooperative arrangement has been reached with Old
School Square to specifically design art and drama activities for the
after school program. In return Old School Square will receive a grant
in the approximate amount of $3,000.
Recommend approval of request for authorization to submit a grant
application to the Children/s Services Council for funding for the
City/s afterschool programs for Fiscal Year 1993/94.
"
.
.
Agenda I tem No.:
AGENDA REQUEST
Date: March 8, 1993
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: March 23, 1993
Description of agenda item (who, what, where, how much):
Children's Services Council grant for after school recreation program for $172,424
ORDINANCE/ RESOLUTION REQUIRED: YESfii) Draft Attached: YES/NO
Recommendation: Recommend approval.
Department Head Signature:
Determination of Consistency 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:
/:.'- fJ1t'f
Approved for agenda: {!jj/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
, '
\ f
,. OJ
fvf
'. "
I
[IT' DF DELAR' HEREM
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: CSC Funding for 1993 - 1994
DATE: March 8, 1993
The Parks and Recreation Department has been contacted by the
Children's Services Council of Palm Beach County to begin the funding
process for fiscal year 1993-1994. This will be the sixth year of
funding from CSC. Funding has ranged from $115,000 the first year to
$167,402 for the current fiscal year. CSC has put a funding cap of
$172,424 for fiscal year 1993-1994. CSC funding provides approximately
74% of the total program costs, and has granted the City of Delray
Beach approximately $741,402 the past 5 years for this program.
The After School Recreation/Child Care Program provides after school
recreational and academic services for a maximum total of 300 children
daily at 3 sites: the Community Center, Pompey Park, and Carver Middle
School Recreation Site. The program is conducted on all school days,
Monday through Friday, from 2 PM to 6 PM. School District buses
transport the children from various schools in Boca Raton, Boynton
Beach and Delray Beach to the sites, and parents pick them up at the
end of the program day. Upon receipt of documentation that they cannot
be picked up, approximately 60 children are bused home at the end of
the day.
We have also developed a cooperative arrangement with Old School Square
wherein the children are instructed in some arts and drama activities.
Old School Square received a grant of approximately $3,000 for this
program, specifically designed for our after school children.
Parks and Recreation
THE EFFORT ALWAYS MATTERS
1993-94 CSC Base Program Instructions & Fonns
Page 9
PROGRAM FORM D. AGENCY CERTIFICATION
In submitting this application to CSC
(Agency Name) certJ.fJ.es that:
l. The agency board of directors has approved this
application at a meeting on (date). (If
approval is pending at the tJ.me of submission, please
check here -.) ;
20 All agency decisions regardin9 recruitment, hiring,
promotions, release, and condJ.tions of employment
will be made without regard to consideration of race,
creed, religion, gender, country of national origin,
age, physical or mental handicap, marital status or
any other factor which cannot lawfully be used as a
basis for an employment decision;
3 . The agency agrees to ne90tiate, if deemed necessary,
with CSC to refine servJ.ce levels, procedures,
outcomes, budget, and any other relevant matter for
incorporation into a contract;
4. The applicant agency does not intend by this
application to replace existing funding resources with
CSC funds;
5. The budget included in this ap~lication is a
reasonable estimate of the antJ.cipated revenues and
expenditures for the activities proposed;
6. In accordance with the 1992-93 CSC contract, the
applicant agency will submit, within 120 days of the
completion of the applicantls 1992-93 fiscal year, a
GAO standard Financial and Compliance Audit;
7. The applicant agency maintains governmental or 501(e)3
tax exemption status;
80 Any of the following documents are available and upon
request by CSC will be produced by the applicant
agency within five (5) working days, but do not need
to be submitted with this proposal:
ao Articles of Incorporation
b. Agency By-Laws
c. Personnel Policies and Procedures
do Job Descriptions
e. certificates of Insurance and Bonding
f. Licenses to Operate Agency/Program
F:93BASINS Feb 16, 1993 10:23 am
'. "
.
1993-94 CSC Base Program Instructions & Fonns
Page 10
9. NO litigation is threatened or pending which could
impair the applicant agencyls ability to fulfill the
provisions of this application; and
10. NO adverse action is pending or threatened by any
regulatory, licensing, or oversight agency which
could impair the applicant agencyls ability to
fulfill the provisions of this application.
If any of the above documents are not available or any of
these statements cannot be made, please explain below:
OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO
APPLICATION:
Title:
Sl.gnature
Date:
Prl.nt Name
F:93BASINS Feb 16, 1993 10:23 am
I "
I
C~1k ",\_(,-
.j
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW iSl AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: March 15, 1993
To: City Commission
FROM: Susan Ao Ruby, Assistant City Attorney
SUBJECT: Edward Mitchell v. City of Delray Beach
This case arises out of a driving under the influence arrest
that occurred on September 12, 1988. In March of 1991, prior
to the lawsuit being filed, Plaintiff offered to settle the
case for $50,000.
The Plaintiff, Edward Mitchell alleges City police officers
caused injury to Mr. Mitchell during the arrest that resulted
in a smelling disorder and a cut on the forehead which left a
visible scar. The Plaintiff also alleges that the city caused
Mr. Mitchell to submit to a blood test without his consent.
Mr. Mit~ll has incurred approximately $1,967.50 in medical
bills.
On February 8, 1993, the attorney for Plaintiff has modified
his settlement demand. Plaintiff seeks to settle this case for
$5,000.00, each party to bear their own costs and attorney's
fees. Our office has evaluated this latest settlement offer by
reviewing the transcript of the criminal trial which included
witness testimony, and have conferred with the police officers
involved. Based on our evaluation of the above-stated
testimony, our office and Lee Graham, Risk Manager recommend
the settlement offer in the amount of $5,000.00 be accepted.
By copy of this memorandum to Davi~ Harden, City Manager, our
office requests this matter be placed on the March 23, 1993
agenda for City Commission consideration 0
~l me if you have any questions.
S :ci
;: cc David Harden, City Manager
Alison MacGregor Harty, City Clerk
?C-
, "
I
- I 1
!i~ I
I
.
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORlDA 33444
FACSIMILE 407/278-4755 Wr~t_r'. D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: March 17, 1993
To: David Harden, City Manager
From: David No Tolces, Assistant City Attorn~
Subject: Release of Water Lien - 43 S.W. 8th Avenue
Yesterday I received a phone call from Justin Niles, an
attorney for Habitat for Humanity. It appears that Habitat
wishes to construct a home at 43 S.W. 8th Avenue. In order to
take title to the property, however, Habitat needs to obtain a
release of the attached water lien.
The lien is imposed administratively, and theoretically could
be released administratively. It is my opinion, however, that
it should be the City Commission who sets the policy as to
whether the City should release a lien to assist a charitable
organization. Therefore, if you agree, I would like you to
place this item on the next available Commission agenda. At
the meeting, the Commission can simply release this one lien,
or state that staff may release these liens at its discretion.
Please call if you have any questions.
DNT:sh
Attachment
watlien2. dnt
~1>
" "
NGV-1B-19BB 09:27am 88-320620
'. .
CLAIM OF LIEN
ORB 5876 pg 794
STATE OF FLORIDA ) ss ft,;J-C1(P77.a
COUNTY OF PALM BEACH ) wa-a/.p -3
.
Before me, the undersigned authority, personally appeared
Byron J. Matteson, who, being duly sworn, says that he is the
agent of the claimant, CITY OF DELRAY BEACH, whose address is
100 N.W. 1st Avenue, Delray Beach, Florida, claims a lien on the
real propertySatoWS\SW,,8 Avenue, Delray Beach, Florida,
'\::.. ..~;~.~..}..~.J(..~~ I:. t.t :~::~',~1~:'1,
more fui:ry."ifesc'rl'oi!d. 'as....follows:
'.i,;~::/l/~i:~':~,>;':.;:'" ":'. >,>~ ':'~\::':,;
".', ...... .' Lot 19'., ..., .
,/'\'::'j:'~-J;:'~ \....'~.n..~...';;'~. ...' ......,.. ';.
h~ \,.:.: ~-.; ,~'.: 1. ~,..\ .D.,J..'9C~._.r" I; ',; Ii," "<': .
'\~: ":~::~\' j\~.:'i\C1t'y of.. Delray\neach
~:;"~r~\:::~'~~'~:~';' _' :>t,~~,~>\ ~~~.: \.~ :':.' _r"~i~'_~'
for wa1;e~~.~d':..:l:few~r :,!~rvices rende,red at the request of the applicant
-.:;, 'Ii:i'~lt~".: /~:.,;; r~'(~~':~'\\!i.:w,,, .'.. ; \~6l
thereofj.:'that:\~ePl~s~'Pf the applicants are Robert Dean and Diane
. ,,{. tIt ('.. :i~~\;"".~~~~' .: "A.
Mathis; that waf~~.irid sewer service was rendered through June 20, 1985;
and that demand on the applicant for payment was made by mail; that
the amount Claimant demands for water and sewer services furnished
is $291.41, that no part thereof has been paid, and there is now
due and remaining unpaid thereon, after deducting all credits .
and offsets, and adding the cost of lien recording, the sum of
$298.01, in which amount the CITY OF DELRAY BEACH claims a lien on
said property. /
Witn..., _ ;;;;F DELM' ~
.:;~:~,:~~ by ~
..:" , ., ~1 .~. ' .:::..
, . -.' .. ","~..' ',",. ~
,:'~, " ..SW~1;?'t() and subscribed before me Prepared by:
;. ~ ';';, . T"f"'~sV6th day of November, 1988. Herbert W.A. Thiele, Attorney
. :; ,'1., ';",: " 100 N,W. 1st Avenue
. . ") '. ,', "
.. '.~. ".,'o~.':' ~;'. j ,'~. ' Delray Beach, FL 33444
........ ~~D
""":.':':No~a-ry:.p~bli'C, State Flo ida . ,i Return to:
<..::.".....:.: . ~ CITY OF DELRAY BEACH
'. "My Commission Expires: 100 N.W. 1st Avenue
NOTAAYPlllLICITAlICJR.CRD.\ Delray Beach, FL 33444
I1V ClH1ISSlOl ElCP..AN 27.' 002
DCIaD nAJ IIENERAL ..111).
,
RECORD VERIFIED
PALM 6EACH COUNT'I, FLA.
JOHN 6. D.UNKLE
CLERK CIRCUIT COUR'
. "
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /1- I
SUBJECT: AGENDA ITEM it q E - MEETING OF MARCH 23. 1993
RESOLUTION NO. 28-93
DATE: March 19, 1993
This is a resolution authorizing the transfer of a cable television
franchise from National Cable Limited to National Cable Acquisition
Associates, L.P.
Section 93.34 of the City's Code of Ordinances states that a cable
television grantee shall not transfer its franchise to another person
or corporation without prior approval of the City Commission by
resolution. National Cable Acquisition Associates desires to assume
the franchise held by National Cable Limited for the remainder of the
franchise term, July 22, 2004.
The City Attorney's office has reviewed the request and found the
documentation submitted by the applicant in conformance with Section 5
of this resolution.
Recommend approval of Resolution No. 28-93.
" "
I
M E M 0 RAN DUM
TO: Susan A. Ruby, Assistant City Attorney
FROM: Alison MacGregor Harty, City Clerk (j.fl1\..
SUBJECT: Resolution Noo 28-93/National Cable
DATE: March 31, 1993 .
Attached is a certified copy of Resolution No. 28-93 authorizing
the transfer of a cable television franchise from National Cable
Limited to National Cable Acquisition Associates, L.Po
The resolution was passed by the City Commission in regular
session on March 23, 19930 Section 7 of the resolution directs
that a certified copy be sent to the franchise holdero Would you
please insure that the certified copy is forwarded to the
appropriate party?
Thank you for your assistanceo
AMH/m
Attachment
" "
I
<~ OF DELRQU ~~rw
...: . :-. ~ ..
':~::)4 1j,<~ ; - ::
" . ',. -(f ;.' ~"".~ jl;
"\ ~ ~".~ ....~:'>::{ .'
t*V'
1 f" 'j ,..
"'".)Ii. ." Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: March 17, 1993
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Consent to Transfer of National Cable, Ltd. 's
Franchise to National Cable Acquisition Associates
L.P. ( "NCAA" )
The City's Code of Ordinances Section 93.34 states that a cable
television grantee shall not transfer its franchise to another
person or cooperation without prior approval of the City
Commission by resolutiono National Cable's predecessor,
Sunbelt-Denntronics, Ltd. was granted a franchise originally on
March 28, 1984 for a five year period. In 1987, the City
Commission extended the franchise for a fifteen year period
which shall continue to July 22, 2004. NCAA desires to assume
the franchise held by National Cable Limited for the remainder
of the franchise termo
Our office has received documentation which conforms to Section
5 of the resolution which is attached for your information. By
letter of February 16, 1993 Keith James, on behalf of his
client, National Cable, Ltd. seeks City Commission approval for
the transfero By copy of this memorandum to David Harden, our
office is requesting that the resolution be placed on the City
Commission agenda for City Commission consideration.
sj?
Attachment
Davi~ Harden Ci tt Mana~er
cc Keit James, G eenb rg and Traurig, P.A.
ca.bletv. sar
.. "
to' ---- -~-~ -o--=--=- ~ -- ~.. -- _.'~ _ _____
RESOLUTION NO. 28-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF
A CABLE TELEVISION FRANCHISE FROM NATIONAL CABLE
LIMITED TO NATIONAL CABLE ACQUISITION ASSOCIATES,
L.P.
WHEREAS, National Cable, Ltd. is a franchise cable
television operator licensed to conduct operations in the City of
Delray Beach, Florida; and,
WHEREAS, National cable, Ltd. desires to transfer its
assets and franchise to National Cable Acquisition Associates, L.P.
and has submitted an application for transfer; and,
WHEREAS, National Cable Acquisition Associates, L.P. as a
result will continue the business of National Cable, Ltd. with the
territory being the same as described in Ordinance No. 8-87 and as
amended by Ordinance No. 50-87; and,
WHEREAS, Chapter 93, "Cable Television", of the Code of
Ordinances of the City of Delray Beach, Florida, requires a transfer
of a cable television franchise to be approved by resolution of the
City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and
ratified.
Section 2. The cable television franchise and license
held by National Cable, Ltd. is hereby transferred in its entirety
to National Cable Acquisition Associates, L.P. for the remainder of
the franchise term as stated in Ordinance No. 8-87.
Section 3. National Cable Acquisition Associates, L.P.
shall comply with Chapter 93 of the Code of Ordinances of the City
of Delray Beach, Florida, governing cable television and any and all
amendments thereto.
Section 4. National Cable Acquisition Associates, L.P.
shall comply with all other statutes, rules and regulations
regulating cable television.
Section 5. That the City Commission of the City of Delray
Beach, Florida, authorizes a transfer of the franchise from National
Cable, Ltd. to National Cable Acquisition Associates, L.P. subject
to the National Cable Acquisition Associates, L.P. providing the
following documents:
(a) A statement from National Cable Acquisition
Associates, L.P. indicating that National Cable
Acquisition Associates, L.P. accepts and agrees to be
bound by the terms and conditions of the franchise
agreement between the City and National Cable, Ltd.
(b) A copy of the certificate of authorization to do
business in the State of Florida.
(c) The name of the Florida agent of National Cable
Acquisition Associates, L.P. for the purpose of
service of process.
I
~ -~ -- ---.. - -_._--~----~ - -------- -~-~---- - -~._-
(d) A current certificate of insurance in the name of
National Cable Acquisition Associates, L.P. meeting
the requirements of the City's Code of Ordinances and
current franchise agreement.
(e) A performance bond in the amount described by the
Code of Ordinances of the City of Delray Beach,
Florida.
Section 6. That this resolution shall be effective on
adoption of this resolution.
Section 7. That the City Clerk is hereby authorized to
send a certified copy of this resolution to the franchise holder.
PASSED AND ADOPTED in regular session on this the 23rd day
of March, 1993.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 28-93
'0 "
~~tt~~t~u
.",TTUf(."\t:'S , T L , ,
1~~~~lo R~CEJIi~D
Ff8 1
WRITER" DIHECT 'ill: CITy 8 199]
A1ANAGE.~'s
Keith A. James OffiCE
407 -650- 7928
February 16, 1993
[REVISED]
FEDERAL EXPRESS
The Honorable Tom Lynch, Mayor
The Honorable David E. Randolpb, Sr.
The Honorable Jay Alperin
The Honorable Armand Mouw
City of Delray Beacb -----
100 N.W. 1st Avenue
Delray Beacb, FL 33444
Re: Transfer of National Cable Ud.'s Franchise to National Cable Acquisition
Associates, L.P.
Dear Mayor Lyncb and Members of tbe City Council:
This law firm represents National Cable Ltdo ("National Cable"), a franchised
cable television provider within the City of Delray Beach (the "City"). National Cable
has reached agreement to sell and transfer all of its cable television assets to National
Cable Acquisition Associates, LP. ("NCAA"). NCAA is a newly-formed limited
partnership organized to acquire, own, operate and manage 100% of the cable
television assets of National Cable. NCAA is an affiliate of Olympus Communications
LP. ("Olympus"), a currently franchised cable television operator in Palm Beach,
Martin, and S1. Lucie Counties; Adelphia Communications Corporation ("Adelphia");
and the Rigas family. The Rigas family controls NCAA, Olympus and Adelphia.
Adelpbia has been providing cable service to certain portions of Palm Beach County
since December 19, 1989.
One of the assets of National Cable being sold and transferred to NCAA is
the cable television franchise (the "Franchise") granted by the City to provide cable
services pursuant to Resolution No. 78-89. In order to complete the acquisition of
100% of tbe assets of National Cable, tbe Francbise must be transferred to NCAA
GREE="BERG. TRAURIG. HOfFMAN. LIPorr. ROSEN & Ql!ENTEL. P,A.
ii7 SOl"TH FL\CLER DRIVE SUITE 310 EAST P.O, Box 20629 WEST PAUl BHCIl. FLORIDA 33416-0629
407 -650-7900 FAX 407 -655-6222
MIAMI FORT LAUDERDALE WEST PALM BEACH
I
The Honorable Tom Lynch, Mayor
February 16, 1993
Page 2
In order to accomplish this transfer, Section 10-16 of Ordinance No. 47-87 requires that
the transfer be approved by the City.
Both National Cable and NCAA are hereby requesting your consent, by
Resolution, to the transfer of the Franchise from National Cable to NCAA NCAA
shall continue to comply with all applicable City ordinances and the terms and
conditions of the Franchise.
For your information, John J. Rigas, the Chairman, President, Chief Executive
Officer and founder of Adelphia has owned and operated cable television cable systems
since 1952. Adelphia, together with the other Rigas family-owned or managed cable
systems, is one of the largest cable television operators in the United States. As of
September 30, 1992, cable television systems owned or managed by Adelphia or the
Rigas family served over 1,200,000 basic subscribers, which includes the 84,000 plus
subscribers currently served by Adelphia in Palm Beach County.
Adelphia and the Rigas family own and manage systems located in eleven
states. These systems are organized in eight regional clusters: Wqtern New York,
Virginia, Western Pennsylvania, New England, Eastern Pennsylvania, Ohio, Coastal
New Jersey, and Southeast Florida, which includes Palm Beach, Dade, Martin and St.
Lucie Counties.
National Cable and NCAA recently filed the enclosed application requesting
the Consent of the Board of Commissioners of Palm Beach County to approve the
transfer to NCAA of National Cable's Palm Beach County cable television franchise.
(A copy of said transfer application has been enclosed for each of you.) The
information contained in the enclosed application should answer any questions yo.u may
have about NCAA. If any other information or documentation is desired, please do
not hesitate to contact the undersigned at your convenience.
National Cable and NCAA hereby respectfully request that the matter of your
consent to the transfer of the Franchise to NCAA be placed on the agenda at your next
scheduled Council meeting. The undersigned will be most appreciative of being
notified of the date and time at which this matter will come up before the Council for
reVIew.
CHEE"BEHG TH\l'HIG
'.
The Honorable Tom Lynch, Mayor
February 16, 1993
Page 3
Thank you for your prompt attention to this matter. We look forward to
working with you.
,
KAJ/mt
Ene.
ce: Mr. David Harden, City Manager (w/enc.)
Jeff Kurtz, Esq., City Attorney (w/enc.)
----
CHEE:\IlEHC TH\lHIC
I
D~tt~~[~O
A T TOR N E Y S A T LAW
1~~~~lo
Keith James
407-650-79253
March 16, 1993
Susan A Ruby, Esq. HAND DELIVERY
Assistant City Attorney
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Consent to Transfer of National Cable Ltd.'s Franchise to National Cable
Acquisition Associates, L.P. ("NCAA")
Dear Susan:
Enclosed herewith please find true and correct copies of the following documents
which you requested in connection with the above-referenced transaction:
------
1. Statement of NCAA accepting the terms and conditions of the
Franchise.
2. Certificate of NCAA's authorization to do business in the State of
Florida.
3. Application by NCAA to transact business in Florida. (Sections 5 and
6 of the Application contain the name and address of the registered
agent of NCAA.)
4. Franchise Bond No. BLR-1569095 of The Hanover Insurance
Companies, in the amount of $75,000.
5. Certificate of Insurance.
--------- -- .--:
"\ :
_.-- -- .; II
cc: Fredric E. Epstien, Esq. WI
Mr. Leslie J. Gelber 7 !?S1
Abigail Watts-FitzGerald, P.A. [01
Collin Higgin, Esq.
GREENBERG. TRAliRIG. HOFFMAN. LIPOFF. ROSEN &. QUENTEL. P.A.
777 SOUTH FLAGLER DRIVE SUITE 310 EAST P.O. Box 20629 WEST PALM BEACH. FLORIDA 33416-0629
407-650-7900 FAX 407-655-6222
MIAMI FORT LAUDERDALE WEST PALM BEAUt JACKSONVILLE TALLAHASSEE
,.
........ MAR 15'93 21:24 No.Ol? P"O~
- A~ _
ADEl.PHIA
CABLE COMMUNICAtIONS
~ -
MatCh 1$ t J 993
SUSan A, RUby, E.tq.
Allfltant City Attomey
~ of ~ Deacll
200 N\V 1st Avenue
Del...)' .., PI 33444
Re: 'n'awer ofNatlcnal Cable I-ld. '.f'tanc:l1lae to Nado.taI Cable AcqUllillon AQOclalel,
L.P.
Dear Ala. RUby: ~
NIlionaI Cable Acqula/dOll AhocIatoa, 1..1>..... I1Ild the tor"" IlJd COndlIlaaa of
Ordmance No. 47-87 IlJd henoby ICOIpta aU JIJe h, IUld COIIdJlIon, IIlIJlOfod by iIlIl
0nIi...... wh/o1a ~ .... JIIIIed by lite Clly CounclllUld ~ by the MIyo, an
rhe 14111 day of lilly, 1987,Il1d 1tItioneJ Cable ~ AstoClaIe" L.J'. a.a,. 10 be
bouDd by dae .P1OvJIlon. thereof.
..... .-.--------------------.--....... ..--Vai)i1rU!fYDiin-;----__________..____...._..
NATIONAL CAllLB ACQUIBJTIOH
ASSOClATBs, L.J.t.
NCM lfoldInp, Inc., Oeaaral Pmtnor
By:
I
5 W.., """ St..... ""'""'-. '" ''''5 0Ific0: (S,.) .,...... F..: (11.117.....,
-
: D : 1'.1 ;-' k l ~ '~, ~) (;1:, NCJ.Ul.2 r".U..:
". ~\- ---;.......\ ~'/' '+ /. :+: ~.~\ ",
_)-(_ _~(. .)J. .).(.~ ,or_ .Y:(.~ (."'F~
.. "." ... ;/. ~:rf'.\w "..(.... ..(t\~.~.
~tate ~f..!IOr'b
~,,'L' ~'; ~:~:)~ 1 a
Utrpartmrnt of itatr
"
I certify the attached I.s a true and correct copy of the Affidavit and Application of
Limited Partnership 9' NATld~AL CABLE ACaUISTIONASSOCIATESI LP'I
L TO.. a:Oelaw~rellmJ~ed'partnershlpt.authorlzedto transact buslnes~ within the
stata QfFlo'rida: on February 10; 1993': as shown by, the records of this o~ce:. .
..- .
. ",',"'"
The documeritnumber of this limited partnershIp Is 893000000062.__
, .',
- - --- --- ----- - - ----- -._-----,,--- ----- --------------- ------.------ -.--- --
6ibtn unbu mp banb anb !be
cimu 6tal of d)r &tatt of j1loriba,
at ~tt, tbt ~itg(, tb~ ~3
e baJJo( e ruaryl 1
~ ~
3Jim ;imitl}
'ecnbq of Jlhde
, .~~-- ........~ "'J...>' ..~, (~ y'~,. .....J..., ; ~ "..... ~
~' ~.' .. .. ...,. I:\,~.)(~..\j~)\......\'
/. ",'/ ",f." -;-t;- ',1"; " .. 'N W ,... '-.. "
" "
..:.1,,) . ;riK. ..I.:) ;1...j i ..l....::.. i~U.vl..:.. i.v-'
/' . .
. .,
flOrtdl o.partment of ...... ,,1m 1mItI. ......ry of ...
APPUCAT10N BY FOREIGN UMrTEO PARTNERSHIP
FOR AUTHOAIZAT10N TO TRANSACT BUSINESS IN FLORIDA
1, Nal:1onal Cable A.C~\U.81t1on Alloeiataa t L.P. .
(Name Of UmJted partners p II it lain 1tle home atate;
2 Na~ic~al Cable Acquisition Aa8oc~a~.., I..P.. Ltd.
,(If name Is unaveltabl8. name under Which the limited partnership propos.. to register or
. transact bUllnea tn Plolida: muat contaln the word .UMITEDII or 'L TO..) .
3. nebwu. 4, r.ln;\la.y 8, 1993
. (State of formation) (Date of Formation)
-4 crJ
8. ~. l'rauc1ea-Kall Col:pOl:atioD Sy.t.m. IDe. ~..~ Yo)
(Name Of Regiltered Agn'W1iMcl or Procell) i;" :.n ..n .."
. - ...... rn f"\"\
e uo No~th Kapol1a Street ' of. ~~. ~ r
(Street Addrell of Reglltetld 0fIce) :;;: . ':. &;) ("T\
. ..-rd. , 0
32301 . -..:n .
'rallaba..e. I Florida ;.c ~~'\ ...:.
(CIty) (ZIp Cede) ~ ~ ~
----- 0 rll .Q
. ~ -'
7.Acc1pt1nCe by the Algi...", Agent for SIrvIce cf Proona.
. iZru~~*, ~~ IIli) ~ V\o P ~,
8. 31 Loockemali Square. Su1ee 1.-100. Doval', o.lawu. 19901
(Adcirei. of Reg_red omce reqund In 8tiiiOTFOrmatiOn Of, If not requrr;a:Marell of
_ _ Prlnctpal ~CI~L_q_ _.________' ____ ___u_______. _ __
9. NAME 0,. G&NIAA~ PARTNERS SPEQIFIC ADDRESS
NCAA Bolding.. Inc-. 5 'We.~ Thi~d Stroet
- p ,0, Box 472
Cou4arsport, PA 16915
.
5 W..e !b1~d Street, P.O. !ox 472. COudal'8port. PA 16915
1G.
(Offtce. where Nam88, Add,...... and ContrIbution. of Umlted Partne... ... kept.)
11. ",. Ilmlttd pat1nerahlp will undertake to keep 1he recorda lilting the add...... and oapltal
ccntrIbutlona of the Dmtted partner or limited partr'l8t1 until the IlmIt8CI partn.rata/pl, teglstraUOn
In Florida Is canoetled or wlthdrawno
12, s ~eBC Thi~d Stree~t P.o. Box 472. Couderapor~. PA 16915
... J
(Mailing AcldrIIl of Umtted Partnership)
. / Ill; . ': H K. _:;; :: -.:'
. .i...) ~~'~ ~ ...) 1 ~ ..-. '-"";...
'/
,/
. '
ntls 9th itbxuary 9 93
" ------- '
NCAA
By.
STATE OF PENNSYLVANIA
OOUNTY OF P<mP
THE FOAlClOING !nItrurnent WII .cknoWle~ and swom to before me this 9th' day
of illbP'l~."'Y. 18 93, by lancl&11 t). i~' ~. J.aaiataut J""" of eitner'll Pertner) at
. Saoracuy as:. ~CAA llOJ.d~U". . . .
Nactcm&1 C~ble Acquia1t1an Aaaocb.ta.. L.P.
(Name of UmIted PII'tnt"hlp~ 'b.t.tB~fI! (State or Country) Umited
Petttnerahtp. on behllf of the Pertntrlhlp. _~ (CI
.~ ~. ~~Aj 1-. V'l CJ,)
r-' iJ.~
r-" ....,~. .r\ "n
::"" c..:' r.....'
.....-;;..f o.:.J -~.
'J.. o. r
. , N PublIc .-.
State of Penn.y,l"auta at t.argl . "."" ..:.) --.
, ., " . ,
'---- :.1 ..,.... C.T
(SEA!;,) .~~~nl: '~'! ,.. :~-;
'......,: ~ :.:j
~\:i", . .
~.~i~' .-?
~.. --~
NOT~L SEAL ' .
JALYN D. TEZlK, NcWy Publlo
Coudegport, Pottet ColMJly
---- - ---- - M CoIMIINlOl'l Ell rn F b. 10. 1m
_. --------- - -- ----
.--
.
" "
ID: .>~p-I(: w~5 :~,_ 7:_3 No.012 P.05
,
.6m~&\(l'I' ft. ~..trA" ~11IUT1lW1
~Qa~l D.' liaher. A..1.tant Secretary
BEFOAEMe.th.undlra~.R~8P.~ af NCAA.aold1n&aJ Ine. . a
sae"... PfMer of ~..tion e Aaq !d. 1011 A"D~.=IS~. CIA)
Dwwa-re . IimItICI pann8fl~)n"~ed to ...the -Partnership', who
CiiIftM as 101I0WI:
.,
1, Th. amount of capital ccntrfbutlcnl of the IJm~ partnera II' t 9 . 600 .000.00 I
2. The anticipated lmOunt d the ~ oonu1buUonI of the ilmItJ.d partneIW that ....l1li0-
cat8d 101' 1hI pUJPOHl d~ bUllnlDIn Aortda Is .~9. ftQo .pOD . I
ThII 9th -.vcr P.b~\lUY . 11.13
FUR1'H1R APFIAHT IAYITH NOT. .
Under~""" of perjury I dIcIatI that . have riId 1hI b'tgoJnglncUhat the ~~ true,
to 1he beat of ffri kricMtect;e and beIIr. . ~~ ~
r-
1:JI':;O ..., ..". .
. NCAA 101&'1, I~. ~;~ ~ _
GIn..... PirInIr "'----- :/) <:.:. - r-
i~!,~; 0 f11
& 'L ~ (~~O
111 .u...J J. 11/;:::' .~ ~ ': :2 0
. -:::>.-' ~
~a_1 Blmcl&ll]). P'Ubtr ~""' ::~l ~
~ltU: ~..~..a"~ ~."P.~D". C fn 0
:... -..1
---- ------ -- --
STAn! Of' P.au'11v6ai.a
COUNI'Y 011 'otter
cAli r.~l'U'rY 9. 1993
BEFORE ME, thl ~ oMOIt, I NotIIy PublIc IUtI1oI1Ud to admlnlltet oatha and to
lake !'tan ~the 8tItI ana county lit b1h above, perao~ IIppIII'8d
Ii . r t . ta~c acl'lcar1= Partner, known to me and knOW ~ me to
. pnon . of C8pbI Contr1butIonI. and he
nwlldged to me and before 1M that hi executed thlt Amdavlt u GInerII Pittner of laid
partnIiIhIp. .
IN WHrTNESI WHEREOF, IhIVI hereunto Nt my hand and afftxld my offtclaJ aell, In 1he
Statt and County 1Ifo1'8Uld. this 9tp day of Feb~\lAl'Y .
" 93.. .
~ /1. ~j:
l1li otary Put>Do
_01 Peftft.vlV'&n~, It I..Ira8
Mv~~r NOTAAlAi. SEAt.
JALVN D. TUllt Notaty Public
CoudoBport, Pon... C<ult)'
M Comrnls.sIOll b res Feb. 10.1996
, .- ---- ,..~/.~ .' ~
j 'tilt N._.' bliUI'.... C._III. . .. ..1 ;
Gl Th. Hanover InlUranea Com,."" CJ MiIMahuMttll1V IneUr......~"'.ny !
!oDd 10, 1LR-1S69095
PRANCHISI 80ND
4.
Know.1I men by th... prnenta. :
That ,..tiOll&l Ca1l11 J.aClu1dtio!l Alloa.. L,J. .. .ftrll'lCtpilj and
i1 THE HANOVER INSURANC& COMPANY, . corpofltlon of the StI1e of NM H.mS-hlre, 0 MASlACHU&!TTS
lAY INSURANCE COMPANY, . corpol'ltlon ofth. Commonw,.lth of M....ohutlttl. hlYlng Ita ...ctttlv. OffIc.
In Worc.tt.r, M....chu..U. .. Surety, Irl hlld .nd firmly bound unto CUr.t ~''"' ~t" '
Ci~ A.tt..orftf!'V' I Qtti~..... ~o IV i.to AYM!uat ~'..a1' ....ft", 1'1ft114A. ,'kik
h.r.lneftlr ,.feWld to II Obllo..ln the pin II I\lm of : Ra~..V "'VA .".....,.<t.... ..... If..,,nn ,
IS 75,000,00 ) for thl p""",nt of wfllchJ ~i~..~n<! tMy.
to b, mid.. WI bind OIIrw.Iv... our ",I... IlllOUtol'l. Idmlnletratora. IUOMI'ora and ...Igl)e, JoI11"" 'nd'
.winny. firmly by th... pre..nw. the U.blllty of thl Surety b.lng limited to ..lei PI"" *'"' ....Irdt... Of the
n\lmb.r of y.." thl. bond remain. In foroe or II '.newld, of thl number of premllll'/\l thlt .h.lf", ~b1,. or .
plid, the number of Subtoribm to thl .yatlm .nd/or '11I11 fl.. which mey be rtqlllred Ind 1~lUrriel.
WH Eft EAS. thl Obllgll hie grent.o . fr.nchl.. to Prlnclpel to 1111 the publlo .tNttI .nd pl'O" lflIlthli:l:"".
Municlplllty to tr..,.mlt Ind dlltributl "lOtrlce' Impul... through In opln IIn..oo,.I.1 Inwnna.eytt.tr1 for
tellvieion recllvl,. looeitd within laid (O(t:r ..~ "'""T-T ........lI .
NOW THEREFORE. thl condition of thie obUII.tlon II Iuoh, th.t If thl .boY. bound pr!nolplhhtll flithfUlly
~Irform, wIII.nd tNIy Oblervl Ind fulfill tM tlrm. .nd oondltlon. of thl fran~hl.., thent"iI obllciitlon .hall bl
null Ind \loid: OUlIfWIII, i1 .h.1I r.mlin In full foro. .nd .fflCt until I.rmlna.., or cenoIU,d. .
PROVIDED. HOWEVEPI, It ,hall b. , conditIon precedlnt to ant' right of "=v.ry Pwtundlf', tIUIt In.e.vent 0'
Iny dlrault on thl Plrt ofthl ftrJncl~l. I writttn Itlttmlntofth. plrtloul., fa. .bowlng the dltlll'id "Cit. elf
.uch dlfl,,1t 11\111 be Immldlatlly dlllv.rld to the Surlty by alr1lfllel m.1I .t 440 Uhooln 5trHt, W~t~r,
M....ohu..ua 01101. ,
AND PROVIDED FURTH!Rthlt no lotio". IUlt or proCttd'",lhlll b. hid or mlllltaln.d q.lriSt:1Itdumvqn
tnll inlwmtnt unll" the ..me bl brought or In.dcutld Ind proot.. "lVed upon the Sul'ltY wiUHn tW.lv.
months Ift.r In .01 of brlloh or o'J'loIIIaIJon of thll bond ortlnnl/l.tlo" 0' ..Idfrlnohl... whlchtvt;ocourl fIrtt
T1Ii1 lend mey bl tlnnln.tld or clno.llee. by Sure", by living thl!'ly 130) dey. prior "od.. ,In wrIiIltG to
Prinolpel .nef .,id ObUt.., luoh nodo. to be glv.n by c.rtHI.cl m.n. &lien t,""lnatlon orCl~" '1~ll'lot '
-"tot Iny Iilblllty Incurred or ICON.G und.r thil Bond prior to thl Iff. OWl dati of .uoh tt""ln.t1~. or .'
"."c.Uatlon. . ' ;. ,.
IN WITNESS WHEREOF. the ..lei flrincipII Ind Surlty hlvl IllIn.d .nd I..lld thl. 'in.~m.~t' tl'lii' .
lhb day of Much r f e 93
~~ I
... . '. . ..., ..... "-. . .... .' '.
Xa.t.if\".1 t'~,. ~~f.~~""" J...AA. t ,', r~''', "
.', fIIMljleII .1..'1....... W
.... Iv'. . ", ~. :;.~~:;r:-.
Approved and Aceaptlct bvI
ChIlI ~
-... ;J THI HANOVlII INIUIlANo. OOMttAH\I.:': .
o ~~MNOiCoolP~Y
TII., ..~ ..
- .
DIll" . ..--- - -_... . '. '.:.: '. :~:..t.;.""
~ ......-... - '.".t
.-- . '. ......
** TOTAL P~G~.002'**
'II to
r-m 16 '93 03: 4€f'M ~Teti L yeti L Yeti 992 666e
f'" ,
to' At..I... ~:
,..:..~o::>:.o:.,.~~<:"~,.".~
""ocuceR
RTON,LYON , LYON
01 S LIVINGSTON AVE
IVINGSTON NJ 07039
co....... A ROYAL
LITTIIII
00....... II CHUBB GROUP
LITTIR
ATIONAL CABLE ACQUISI- co....... C
ION ASSOCIATES. L.P. llTTlft
WEST THIRD STREET co....... 0
OUDERSPORT, PA 16915 lln...
u..n.
""".LAClGRIOATr .
I'IIODUcrs'CXlIoII"/opAH. .
fl&RIONAL. AO".INJU"" .
IAOH _"INOI
""'llAMA.' -....., .
A1,o.lll'./AftY _ ,..._,
PTA432861 oeM'IN'O'MI.'
UMIT
IOOILYIHoIUIIY
""'_I
IOOtLY IN.lUIIY
---- --II
1'1101'111'" 0__'
79702671 1A0M OOCU""'NOI
_IOATI
---- 'TA1UTOI\\' LIMn,
AlIO IAOH "-OIlllT
OIlIAII_UO'I LIMn
~UAalUn'
C1111A.I.IAOM IIII'LOI'II I
0I'H1ll
O_"_~~~~
. .. ~ ' . .' ~.. . ertificAte holder 1. recoqni..d a. additional insured.
~'< . r' . ~.
,~-~ ~ ~ - , . . , 1;: - --, ---~- -~ ~-- ..- - . * -- ." -,
-. -' ~ - - -' - .. \ . --
8HCllJU) Nl(O#'THIMCl/IIlIIClIImI'Cl.ll:.l. ~ IPOIlI THI
_71CNDA11:_.lHI!__ClllWAlWMJ.__TO
City of Delray Beach --..3.0.- DA NO'T1CII TO THI CBI11'ICATE HOUlIIl NNoII!D TO 1HI!
City Attorney's Office ~.IUT' IUCH __ NOClII.lIMTlON 011
200 1nf let Ave UMIJlVO# lI'ON THI .lTll OII_A'IM!S.
Delray Beach PL 33444
I
t -
I'm 16 '93 e:3: 49PM ~Ta-l L Ya-l L Y~ 992 6660 .4
~~~~~L.~ ~Z;~~'~.ulL'~-,'"'::;z:rlriC~-rSf~'~-r' ~II>~~~ - '" 'r ~ .... .- -
, , __DATI 1..../tIO/YTl
,'f;:~,"~~i.~ '~; 1 ;: I ,~~'~~; ,.,.,~~S~;f:~:.lklt~,~i~ ~ :\~. ' . ~ ~ ,,', ;r l. 41 t-
- . 0 16
~ 'I;..: "" .,'..~
or; "1'1.. ., fTrT.~ TION y
CONfSlS NO FlIGHTS l..oN nta CIRTll'lCAn HClLD!R. TllII C:llml'lCAn
'l'Ole , LYON & LYON DOli NOT AMINI), !XTIM) CA ALT!ft TN! 00V!fWl1 AI'POftDC IV ntl!
POU B
01 S LIVINGSTON AVE COMPANlII APfIQRDING COveRAGE
IVINGS'l'ON NJ 07039
ce...."" A LEGION INSURABC! 0
l..nUl
CO""""" 8
.._ID r..1iTT11III
ATIONAL CABLE ACQUISI- COllPA"" C
ION ASSOCIATBS. L.P. .lTTi~
WEST THIRD STREET CO"~Nl' 0
OUDERSPORT, PA 16915 .lTTiII
cell"""" E
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UNIIIM. ..... !CIATI .
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~ EllI'IlIATDl Qfo..._. 'nII__00IIiINItfwu....-- TO
\
City of C.lray Beach ~ 1oWl..3.0- Qfo'll ~ HOnCI TO on. CIIIIf&OIllA... HOLDIIlIWB TO 'nil
City Attorney's Oftice lS'T.IUf'AI.UM TO IoWl.IUCH HOnCIIIWJ. _ NO 0IIJlaA'I'IQN ClIII
200 NW lilt Ave UMIUT\' 01' NffIelCl_,... ootIPNf'I. 1l'I_ ClIII--.rA'IlVIa.
De1ray Beach PL 33444
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER / ?- I
SUBJECT: AGENDA ITEM i <61= - MEETING OF MARCH 23. 1993
RESOLUTION NO. 30-93
DATE: March 19, 1993
This is a resolution amending Resolution No. 18-91, which established
the Kids and Cops Committee as an advisory body to the City
Commission, by amending Section 2 to clarify membership composition
relative to representation from the recognized bargaining unit for the
Police Department.
Since the adoption of Resolution No. 18-91, a change has occurred with
respect to the recognized bargaining unit for certain Police
Department personnel, this amendment simply reflects that change.
Recommend approval of Resolution No. 30-93.
.
,
------ .-.-- "- ---- ------- -"--_. - --- --,---- --- --
---'--- ----- -'----- ,-
RESOLUTION NO. 30-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
18-91, WHICH ESTABLISHED THE KIDS AND COPS
COMMITTEE AS AN ADVISORY BODY TO THE CITY
COMMISSION, BY AMENDING SECTION 2 OF SAID
RESOLUTION TO CLARIFY MEMBERSHIP COMPOSITION
RELATIVE TO REPRESENTATION FROM THE RECOGNIZED
BARGAINING UNIT FOR THE POLICE DEPARTMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the regular meeting of March 13, 1991, the
City Commission of the City of Delray Beach, Florida, adopted
Resolution No. l8-9l, which established the Kida and Cops Committee
as an advisory body to the City Commission, and which further
provided for such committee's composition; and,
WHEREAS, pursuant to Section 2 of said Resolution No.
l8-91, one of the appointees to the committee was to be a
representative of the Fraternal Order of Police (FOP) , as designated
by the President of the FOP; and,
WHE REAS , since the adoption of Resolution No. 18-91, a
change has occurred with respect to the recognized bargaining unit
for certain Police Department personnel, and it is appropriate that
this change be reflected by amendment to the original resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Section 2, Subsection (Cl, of Resolution
No. l8-91 be, and the same is hereby amended to read as follows:
(C) A representative of the 'tat~trial//0td~t//~f
'~at~/ ~'0'Y recoqnized barqaining agent for
certain Police Department personnel, as
designated by the President of the 10'
recognized bargaininq aqent;
Section 2. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 23rd day
of March, 1993.
MAY 0 R
ATTEST:
City Clerk
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~ o'
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ! I~ !
SUBJECT: AGENDA ITEM # ~.r. I - MEETING OF MARCH 23, 1993
STAFF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE
DATE: MARCH 19, 1993
The terms of the three staff appointees serving on the Kids and
Cops Committee are due to expire on April 22, 1993. Term of
appointment is for two (2 ) years, ending April 22, 19950
Section 5 of Resolution No. 18-91, which formally established the
Kids and Cops Committee, provides that the Commission shall have
the authority to approve and ratify all selections to membership.
Below is a list of the incumbent staff appointees. They are all
eligible and willing to serve an additional term. Their
applications are attached for your review.
Joseph Dragon (representative from the Parks and
Recreation Department)
Jeffrey Miller (representative from Police
Department recognized bargaining unit)
Ross Licata (representative of the Delray Beach
Police Department)
Recommend approval and appointment of the three staff members
named above to the Kids and Cops Committee to terms ending April
22, 1995.
,
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~J ~~ DRM-ON FI.
}&ft7 dE 'tIL cr Y7'u/~~ &/Jl. 33'1 '-t /
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESI ENCE) I
~o rvw ,,,-1- ~. U &,1 FI JJ'f~/'1
PRINCIPAL BUSINESS ADDRESS (Street, C\ty, Zip ~ode)
HOME PHONE ~\) ~.L 'I '1tt1'i BUSINESS PHONE (Y/7) "l<t~ 7~-o
-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~t'.r AI K../ J \
.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
KV)'r ft) /G'J; I 'lf7" 1~(i3
BA-I'thl,~ A~/",,'dy~+~ Ip~/,- J~/
EDUCATIONAL QUALIFICATIONS
VaM~ ~ ~ .....:fill...:...O cJ t%lT'J ~ enw4
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT. OR MOST RECENT L
.
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD j,~"" ~ I I'M, '#0. t'.J 1 Vol I...... thlr ~~ / ILJH--'
H~VL ~'- IlI't
t 11~M.I'1 2.( 1<#~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
j?f.tl tj I" {'! 'i3
- DATE (
4/90
,
. . .
CITY OF DELRAY BEACH ~
. BOARD ~E~ER APPLICATION
SA.'1E Jeffrey A. Miller
HOME ADDRESS \Sc~eet. CiCy, Zip Code) (LEGAL RES!JENCE)
300 West Atlantic Avenue, Delray Beach, FL 33444-3695
?Rr~CrPAL BUS!~ESS ADDRESS (Screec, Cicy, Zip Code)
BUSINESS PHONE (407) 243-7349
HOME PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Kids & Cops
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include d.te.)
None I .
EDUCATIONAL QUALIFICATIONS Broward Police Academy, Wayne County
Community College and Henry Ford ComMunity College.
-
LtST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOtD
Police certification
GIVE YOUR PRESENT. OR MOSt RECENt EMPLOYER. AND POSITION Delray Beach
Pol ice Department/Com~unity Policing Unit
DESCRIBE EXPERIENCES. S~ILLS 01 lNOWLEDGE WHICH QUALIFY YOU TO SERVE ON 7H!S
BOARD started a working relationship with
Christmas toy drive which I
children.
PLEASE ATTACH A SRIEF RESUME.
r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ME tRUE. AND r AGREE A.'; 0
UNDERSTAND THAT ANY MISSTATEMENt OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINtMENT I MAY RECEIVE.
April 3 , 1992
DATE
4/10
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~AME J.s5 LCA~
37/1 H?A11C63> VI? );c:ue~y 6cH- R-. 33CIJ+~
HOME ADDRESS (Street, City, Zip Code) (rEGAL RESID~CE)
'U8PI). 3av w. A7Uh'111<:. Ave. L>€U<4Y ~ c\-\ . I FL .
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) /
HOME PHONE 47~ - zo 2--'[; BUSINESS PHONE 2'f3-7gVo
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING 41:>.> 9- Cc,;s
I
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
!61':D I'J COPS 197'/- f1~3 AMrb1 1?e..An~.NS /1~.5 -/7;0
,
EDUCATIONAL QUALIFICATIONS AA. Q . --:- .
/efM/I1rl<- C)V5//c..f:
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS &~D LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
2 ' . a. /t . -tfmH.
~ l)LlC~ Say~1 r ~1'lI111 (/n'7 ' C/~, CrrMh1c1tJ'J ,es .
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD # IAJ f 771 J:1 hs Fot2 J?rJ;s.,- ~ VeA1€..s .
~rIL J;1vt>WBmerl"T
5 ~ELoLJGt> . ' . /
- ue/~~ fi;re pl>.s ~ ~.s
....t It nee,,) tic. €1J ~
,
';~J~ S jS!!A1e!::. 1r A11JJ /"64vc &B1 ~~ ...H1VOL.vt9J -
$1 nc~
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE A.~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~J~ 3 '/(;,-;3
SIGNATURE DATE
4/90
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY MANAGER/;: I
SUBJECT: AGENDA ITEM # gG- - MEETING OF MARCH 23. 1993
RESOLUTION NO. 26-93
DATE: March 19, 1993
This is a resolution calling for a Special Election to be held on
April 27, 1993 regarding the expansion of the Downtown Development
Authority Boundaries.
Section 5.07 of the City's Charter requires adoption of a resolution
calling for such election by the City Commission at least thirty (30)
days prior to the special election. Pursuant to F.S. Section 100.011,
the cost of holding this election will be borne by the DDA.
Recommend approval of Resolution No. 26-93.
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RESOLUTION NO. 26-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A
REFERENDUM ELECTION TO BE HELD ON APRIL 27, 1993,
CONCERNING WHETHER AMENDMENTS SHOULD BE MADE TO THE
DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT
(CHAPTER 71-604, LAWS OF FLORIDA, AS AMENDED).
WHEREAS, Section 5.07 of the Charter of the City of Delray
Beach, Florida, and Section 34.03 of the Code of Ordinances of the
City of Delray Beach, Florida, set forth procedures for the calling of
special elections; and,
WHEREAS, this resolution shall serve as notice of puch
special election; and,
WHEREAS, Chapter 91-385, Laws of Florida, as subsequently
amended by Chapter 92-263, Laws of Florida, authorized certain
amendments to be made to the legislation pertaining to the Downtown
Development Authority; and,
WHEREAS, the provisions of Chapter 91-385, Laws of Florida,
as subsequently amended by Chapter 92-263, Laws of Florida, require as
a condition precedent to the effectiveness of the amendments that a
referendum election be held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That a referendum election is hereby ordered to
be held in the City of Delray Beach, Florida, on April 27, 1993, to
determine whether the amendment to the Delray Beach Downtown
Development Authority Act (Chapter 71-604, Laws of Florida, as
amended) should be adopted as set forth in Chapter 91-385, Laws of
Florida (HB 1553), as amended by Chapter 92-263, Laws of Florida (HB
1631) , which are attached hereto and expressly made a part hereof.
Section 2. That the polling location be as determined by
the Supervisor of Elections for Palm Beach County, Florida, and all
qualified electors of the City who vote in said election shall vote at
said designated polling place. The polls shall be open on the date of
said referendum election 7:00 a.m. until 7:00 p.m. on the same day.
Only the duly qualified electors within the boundaries of the current
and proposed Delray Beach Downtown Development Authority area will be
permitted to vote in said referendum election.
Section 3. That the City Clerk of the City shall prepare
and give notice of the referendum election above required by causing a
copy of this resolution, with an appropriate caption, to be published
at least twice, once in the fifth week and once in the third week
prior to the date of said referendum election in the Delray Beach
News, the first publication to be not less than thirty (30 ) days prior
to the date of said referendum election. The City Clerk shall also
cause, pursuant to Section 34.03 of the Code of Ordinances of the City
of Delray Beach, Florida, a notice of the referendum election to be
published in the Delray Beach News, two times, once each week prior to
the week of the special election. The City Clerk shall secure from
the publisher of said newspaper an appropriate affidavit of proof that
said resolution has been duly published as herein set forth, and said
affidavits shall be made a part of the record of the City Commission.
Section 4. That the vote at said referendum election shall
be by use of voting machine, the type which has been used in recent
City elections, and the polling place shall have at least one voting
machine.
u
.. .-. -~ -- .---- -. - --- ---- ~- - -- -----
- ------ ~ ---.-.-.--- -~---- --- -------~._--
Section 5. The question to be submitted to the electors at
said election shall be substantially as follows:
An Amendment to the "Delray Beach Downtown Development
Authority Act" (Chapter 71-604, Laws of Florida, (HB
1250) , as amended) which shall expand the area lying
within and under the jurisdiction of the Delray Beach
Downtown Development Authority to include properties
eastward of the Intracoastal Waterway, northward of the
current Downtown Development Authority area to include
those properties lying South of N.E. 4th Street,
southward of the current Downtown Development Authority
area to include those properties lying North of S.E.
3rd Street, bounded generally on the west by N.E. 1st
Avenue; said geographic boundaries being more
particularly described in Chapter 91-385, Laws of "
Florida (HB 1553).
SHALL THE ABOVE-DESCRIBED AMENDMENT TO THE "DELRAY
BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" BE ADOPTED?
FOR APPROVAL ( )
AGAINST APPROVAL ( )
Section 6. That the returns of the referendum shall be
canvassed and certified in the manner provided by law.
Section 7. That the Supervisor of Elections for Palm Beach
County, Florida, is hereby authorized and requested to make up and
certify a list of names of all qualified electors within the
boundaries of the current and proposed Delray Beach Downtown
Development Authority area. A certified copy of such list shall be
furnished to the Clerk and Inspectors of the election at the polling
place where the votes are to be cast in said election, and a certified
copy of such list shall be filed among the records of this City.
Section 8. That said election shall in all other respects
be held and conducted in the manner provided in and by the laws of the
State of Florida.
Section 9. That this resolution shall take effect in the
manner provided by law.
PASSED AND ADOPTED in regular session on this the 23rd day
of March, 1993.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 26-93
.
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
February 18, 1993
Mr. David Harden
City Manager
City of Delray Beach, FL
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
Please arrange for the City Council to pass a resolution to declare a special
election to vote on the expansion of the Downtown Development Authority. Also,
any additional steps should be undertaken.
The election is to be held on Tuesday, April 27, 1993 and the resolution must be
passed a minimum of 30 days prior to the election. This election was authorized
by HB 1553 and as amended by HB 1631 of the Florida Legislature.
Charles Hill, who is acting on behalf of the DDA as election coordinator, has had
a preliminary meeting and discussions with Alison Harty, City Clerk, concerning
this election. It would also be appreciated if you would alert the City Attorney
that Mr. Hill may be calling him for guidance.
Very truly yours, M
4cJ{(( 4~
Michael M. Listick,
Chairman
MML:kr
RECEIVED
:J./19/93
errv CLERK
207 East Atlantic A vcnue, Dclray RCClCh, Florida 33444 · 407 -276-8640
., " "''!II.'
... . ~ , -
[ITY DF DElRAY BEA[H
March 12, 1993 . -0-." .
Michael M. Listick, Chairman
Downtown Development Authority
207 East Atlantic Avenue
Delray Beach, FL 33444
Re: DDA Special Election
Dear Mro Listick:
Thank you for your letter advising of the Downtown Development
Authorityls plans to hold a special election on April 27, 1993,
regarding expansion of the DDA boundaries. House Bill 1553, as
subsequently amended by House Bill 1631 effective April 1, 1992,
requires the City to call the election on behalf of the DDA. The
City, therefore, must advertise the special election according to
the City's Charter and ordinances and Florida Statutes Section
100.342 governing special electionso
Section 5.07 of the Cityls Charter requires adoption of a resolution
calling for such election by the City Commission at least thirty (30)
days prior to the special electiono Section 34.03 of the Code of
Ordinances requires the issuance of a proclamation giving notice of
the election and sets forth advertising requirements. Both the
resolution and proclamation are scheduled for action by the City
Commission at the March 23, 1993, regular meeting.
Pursuant to F.S. Section 1000011, the cost of holding this election
will be borne by the DDAo The City Clerk will provide you with a list
of estimated expenseso I understand Mr. Charles Hill has been in
contact with the Clerkls office and is working with them to coordinate
the election.
Please let me know if I can be of any further assistance.
Sincerely,
--
-- -
David To Harden
City Manager
DTH/amh
cc: Charles Hill
Alison Harty
T-,=,- E - ,,- ;- A _ .-.:'" , M . - ---
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8jv1
SUBJECT: AGENDA ITEM # <i?H - MEETING OF MARCH 23. 1993
RESOLUTION NO. 22-93
DATE: March 19, 1993
This is a resolution assessing costs for abatement action
required to board up an unsafe building loc'a ted on property at
714-716 N.W. 3rd Street. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $832.86 remains unpaid.
Recommend approval of Resolution No. 22-93 assessing costs to
board up an unsafe building located on property at 714-716 N.W. 3rd
Street.
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- --._-------- - ~-- ---~._------_._-_._----- -------.-.-- ~----~- - -------
RESOLUTION NO. 22-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said Landis) 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 Landes) described in the attached list
with written notice of unsafe building and detailed report of conditlons
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 bUlld-
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, sald
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 indicatlng
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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~
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) ind~-
cated thereon. Said assessments so levied shall, if not paid w~thin
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land descr~bed
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach ~s
hereby directed to immediately mail by certified mail, postage prepa~d,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, not~ce(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30 ) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6\ ) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30 ) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6\ ) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the pUblic records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6\, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No, 22-93
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NOTICE Of ASSESSMENT
Date
TO: Perry Stokes
ADDRESS: 1100 SW 4th Avenue, De1ray Beach, F1 33444
PROPERTY: 714-716 NW 3rd Street, Delray Beach, Fl 33444
LEGAL DESClnPTION: North 127' of West 135' of Block 2, Town of Delray
according to Plat Book 1, Page 3 of the official records of Palm Beach County, Fl.
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $832.86 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1992, has been levied against the above-described prope rt:y.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 1-11-93
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be ini.tiatp.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.
YOI1 have also failed to take the correct1.ve action required by
the notice of the Building Of Heial.
You appealed the decision of the Building Official (:0 the Board
of Construction Appeals. You were given written notification on
that YOll \~ere required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
o~ Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 1-13-93
at a cost of $832.86 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
'f "
I
Copy of all notices referred to in this notice are available in the
office of the Build~ng Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [1'fv'\
SUBJECT: AGENDA ITEM i <6]: - MEETING OF MARCH 23. 1993
RESOLUTION NO. 23-93
DATE: March 19, 1993
This is a resolution assessing costs for abatement action
required to remove nuisances on 22 properties located within the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No. 23-93 assessing costs for abating
nuisances on 22 properties located within the City.
.. ,.
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RESOLUTION NO. 23-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respect~ve
owner(s) of the land(s) described in the attached list with wr~tten
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten ( 10) days from the date of said notice
forty-two (42 ) days in the case of violation of Section 100.04 perta~n-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance ex~sted
within ten ( 10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abat~ng
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) with~n
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
., "
I
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty ( 30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
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 first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of sald
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest wlll
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be malled,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thlrty
(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
eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No.23-93
., "
0
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 1 & 2, BLK 4, ROBERTA KINNEL $258.28
OSCEOLA PARK, PB 3, CARRIE L. JOHNSON 70.00 (ADM. COST)
P 2, PUBLIC RECORDS, 32 S.W. 5TH AVENUE (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444
(302 SE 4TH STREET)
LOTS 3 & N 1/3 OF LOT JOANNA B. BRADLEY $487.10
4, BLK 43, TOWN OF ROBERT L. BRADLEY 70.00 (ADM. COST)
DELRAY, PB 1, P 3, 2824 N.W. 9TH PLACE (RECORDING)
PUBLIC RECORDS, PALM FT. LAUDERDALE, FL 33311-6671
BEACH COUNTY, FL
(NW 3RD AVENUE)
LOT 2, BLK 22, TOWN OF EDDIE & YVONNE L. ODOM $151.34
DELRAY, PB 10, P 38, 3905 LOWSON BLVD. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 (RECORDING)
BEACH COUNTY, FL
(SW 6TH AVENUE)
LOTS 8 & 9 (LESS RD DOLORES A. LIDDY, TR $474.16
R/W), BLK 2, SOPHIA C/O ARNOLD F. KURZINGER 70.00 (ADM. COST)
FREY ADD, PB 23, P 4, 5700 N. FEDERAL HIGHWAY (RECORDING)
PUBLIC RECORDS, PALM BOCA RATON, FL 33487
BEACH COUNTY, FL
(911 N FEDERAL HWY)
LOT 23, BLK 23, TOWN GRACE BARNETT $274.00
OF DELRAY, PB 10, P 69, 1401 39TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM WEST PALM BEACH,FL 33407-3631 (RECORDING)
BEACH COUNTY, FL
(SW 3RD STREET)
LOT 3, BLK 47, TOWN OF ROBERT G. & PATRICIA ALLEN $110.12
DELRAY, PB 12, P 81, 206 S.W. 2ND AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-3648 (RECORDING)
BEACH COUNTY, FL
(206 SW 2ND AVENUE)
-3- Res. No 23 - 9 3
'l "
LOTS 1 & 2/LESS N1S' VALENTINE & FRANCES GABALDON $106.12
RD R/W, BLK 2, RIDGE- 328 4TH STREET 70.00 (ADM. COST)
WOOD HEIGHTS, DELRAY, WEST PALM BEACH, FL 33401-4206 (RECORDING)
PB 14, P 44, PUBLIC
RECORDS, PALM BEACH
COUNTY, FL
(702 NW 10TH STREET)
LOT 27, BLK 1, ATLANTIC BENNIE THOMAS $ 39.42
PARK GARDENS, DELRAY, 1720 1ST ST. N 70.00 (ADM. COST)
PB 14, P 56, PUBLIC WINTER HAVEN, FL 33881-2124 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(NW 12TH AVENUE)
LOT 14, BLK A, CARVER JAMES GARMON $ 23.68
MEMORIAL PARK SUB., 820 N.W. 63RD STREET 70.00 (ADM. COST)
PB 20, P 56, PUBLIC MIAMI, FL 33150-4342 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(NW 14TH AVENUE)
LOT 26, BLK 10 (DEL GEORGE M. BOBKO $ 39.42
IDA PARK HISTORIC 710 N.E. 3RD AVENUE 70.00 (ADM. COST)
DISTRICT), DEL IDA DELRAY BEACH, FL 33444-3823 (RECORDING)
PARK, PB 9, P 52,
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(710 NE 3RD AVENUE)
E50' OF W583' OF S140' JACQUEL DAWSON $ 39.77
OF N165' OF N 1/2 OF C/O ANNAS RETREAT 70.00 (ADM. COST)
NW 1/4 OF SW 1/4, SUB. ESTATE TUTU, #E7 (RECORDING)
OF SEC. 17-46-43, ST. THOMAS, VI 00801
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(1404 NW 2ND STREET)
LOT 50, POINCIANA TILLIE NELSON $ 51.16
HEIGHTS OF DELRAY 219 N.W. 10TH AVENUE 70.00 (ADM. COST)
BEACH, PB 26, P 245, DELRAY BEACH, FL 33444-1635 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(1001 NW 3RD TERRACE)
LOT 12, BLK 1, ODMANN'S MARIH HAYES EST. $ 39.42
SUB., PB 4, P 53, C/O WILLIE R. GOODMAN JR. 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 123 GARFIELD AVENUE (RECORDING)
BEACH COUNTY, FL TRENTON, NJ 08608
(20 NW 13TH AVENUE)
-4- Res. No 23-93
. "
SSO' OF N300' OF E135' FRANCES L. GERMAN $ 47.16
OF BLK 13, TOWN OF WALTER WADE 70.00 (ADM. COST)
DELRAY, PB 1, P 3, 33 S.W. 1ST AVENUE #1 (RECORDING)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2534
BEACH COUNTY, FL
(24 SW 6TH AVENUE)
LOT 22, BLK 32, TOWN OF J.W. & MARGARET YOUNG $412.40
DELRAY, PB 6, P 97, 317 S.W. 5TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2405 (RECORDING)
BEACH COUNTY, FL
(SW 4TH AVENUE)
E 1/2 OF LOT 1 (LESS GLORIA G. LAMB $ 73.70
S2.3'), BLK 113, HIGH- LEI E. WADDEY 70.00 (ADM. COST)
LAND PARK, DELRAY, 30 CARIB DRIVE (RECORDING)
PB 2, P 79, PUBLIC MERRITT ISLAND, FL 32952
RECORDS, PALM BEACH
COUNTY, FL
(616 NE 4TH STREET)
LOT 17, BLK 23, TOWN BERTHA PRESTON $213.30
OF DELRAY, PB 10, P 69, 1001 W. 3RD STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM RIVIERA BEACH, FL 33404 (RECORDING)
BEACH COUNTY, FL
(217 SW 6TH AVENUE)
S90' OF Nl10' OF BLK DAVID HARGROVE $183.56
21/LESS W175', TOWN OF MATTIE B. HUDSON 70.00 (ADM. COST)
DELRAY, PB 1, P 3, 220 N.W. 4TH AVENUE (RECORDING)
PUBLIC RECORDS, PALM DEERFIELD BEACH, FL 33441
BEACH COUNTY, FL
(2 SW 5TH AVENUE)
S40' OF N256' OF E135' DELORES RIGGINS $103.12
OF BLK 31, TOWN OF 1761 2ND AVENUE N 70.00 (ADM. COST)
DELRAY, PB 1, P 3, LAKE WORTH, FL 33460 (RECORDING)
PUBLIC RECORDS, PALM
BEACH COUNTY, FL
(220 SW 4TH AVENUE)
N 1/2 OF LOT 13, BLK ETHEL MACKEY $ 47.16
30, TOWN OF DELRAY, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST)
PB 1, P 3, PUBLIC 1120 N.W. 64TH STREET (RECORDING)
RECORDS, PALM BEACH MIAMI, FL 33150-4231
COUNTY, FL
(124 SW 4TH AVENUE)
-5- Res. N023-93
" "
W55' OF LOTS 11 & 12, MARIE QUINCE $144.34
BLK 23, TOWN OF DELRAY, 506 S.W. 14TH AVENUE 70.00 (ADM. COST)
PB 10, P 69, PUBLIC DELRAY BEACH, FL 33444-1434 (RECORDING)
RECORDS, PALM BEACH
COUNTY, FL
(SW 5TH AVENUE)
LOT 29, BLK 1, SOUTH- ROBERT ASSANTES $160.08
RIDGE, FB 13, P 38, FRED WENISCH 70.00 (ADM. COST)
PUBLIC RECORDS, PALM 560405 ARBOR CLUB WAY (RECORDING)
BEACH COUNTY, FL BOCA RATON, FL 33433-5630
(321 STERLING AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEVRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 2~-93
'f "
I
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {)7v1
SUBJECT: AGENDA ITEM i g ;r - MEETING OF MARCH 23. 1993
RESOLUTION NO. 24-93
DATE: March 19, 1993
This item is a resolution assessing costs for abatement action
required to remove junked vehicles on seven (7 ) properties located
within the City. The resolution sets forth the actual costs
incurred and provides the mechanism to attach liens on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 24-93 assessing costs to remove
junked vehicles on seven (7) properties located within the City.
'. "
.
.
-_.._----_.-.~- . -- - --~- --- - _._.~----,._----
----- -~-- - .~-~ -------
-- ----.. .------------~._.. --- -- -
RESOLUTION NO. 24-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, . removed junked
and/or abandoned vehicles owned by persons described in the hst
attached hereto and made a part hereof, for violation of the provis~ons
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached hst with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to remove sa~d
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 with~n
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, sa~d
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Admin~s-
tration or such agents or contractors hired by the City Administrat~on
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the
amount(s) indicated thereon. Said assessments so levied shall, if not
paid wi thin thirty (30) days after mailing of the notice described in
Section 3, become a lien upon the respective lots and parcel(s) of land
described in said report, of the same nature and to the same extent as
" "
4
~~----------_._----_.~ -------~. -- --,-- - - --~--_._- -.- --- - ~_.- --, ---'--' .~---
.-------- ----- ------------ --- '.._--- ---------------~,._--_.-- -
-- -.--.-- --- ------
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has lev~ed an
assessment against said property for' the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) conta~ned
herein and shall become due and payable thirty (30) days after the
mailing date of the notice of said assessment(s), after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight (8 ) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, ~n
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1993.
MAYOR
ATTEST:
City Clerk
-2- Res. No.24-93
'l "
I
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 4, BLK 7, ROSEMONT KATIE L. PARKER $ 38.50
PARK, DELRAY, PB 13, RICHARD PARKER 65.00 (ADM. COST)
P 60, PUBLIC RECORDS, 613 S. W. 8TH AVENUE (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444-2461
(613 SW 8TH AVE)
LOT 15, BLK 10, DELRAY ANTHONY BLAISE $ 38.50
SHORES, PB 24, P 233, 1109 OLINTON STREET #2 65.00 (ADM. COST)
PUBLIC RECORDS, PALM LINDEN, NJ 07036 (RECORDING)
BEACH COUNTY, FL
(2520 ANGLER DRIVE)
LOT 18, BLK 2, GOLF ANTHONY & THERESA NERI $ 38.50
PARK, PB 26, P 141, C/O A NERI & SONS - D NERI 65.00 (ADM. COST)
PUBLIC RECORDS, PALM PEARL STREET (RECORDING)
BEACH COUNTY, FL PORT CHESTER, NY 10573
(630 SW 20TH COURT)
S240.77' OF N596.54' ALEXIS S. WALLIS $238.50
OF W181' OF E 402' OF 3558 LONE PINE ROAD 65.00 (ADM. COST)
NW 1/4, SUB. OF SEC. DELRAY BEACH, FL 33445-7654 (RECORDING)
7-46-43, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(3558 LONE PINE RD)
LOT 9, BLK 26, TOWN OF CHARLIE BROWN $ 38.50
DELRAY, PB 5, P 64, 310 N.W. 4TH AVENUE 65.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING)
BEACH COUNTY, FL
(220 NW 4TH AVE)
LOT 3, BLK 5, SOUTH- RESOLUTION TRUST CORP AS $ 38.50
RIDGE, PB 13, P 38, RECVR FOR CITY FED SAV BANK 65.00 (ADM. COST)
PUBLIC RECORDS, PALM 1570 MADRUGA AVE #300 (RECORDING)
BEACH COUNTY, FL CORAL GABLES, FL 33146-3013
(401 SOUTHRIDGE RD)
LOT 2, BLK 5, SOUTH- ANDRE J. JEAN $ 38.50
RIDGE, PB 13, P 38, 202 S.E. 6TH STREET 65.00 (ADM. COST)
PUBLIC RECORDS, PALM DELRAY BEACH, FL 33483-4446 (RECORDING)
BEACH COUNTY, FL
(1124 SW 4TH AVE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
-3- Res. No.24-93
" "
C~T~:,~ qTTCR~EY'S OFFICE TEL t',jo. 4Cl7 278 4755 ~'''l.:i,r lt~~,9.3 1 f::l: 55 F' . el2
... - O^
OWl
EITY DF DELIRY HER[M
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 401127$-4155 Wr~~.~'. D~~_e~ LLn&
(40'7) 243-'70$1-
MEMORANDUM
Date: March 19, 1993
To: City COlRl1lls.ion t:.""
From: Jeffrey s. Kurtz, City Attorney .
Subject: Appointment of Counsel to Repre ent City Manager
pavld Harden; Shatz v. C1 ty of D~J._;:~Y..}~E!ach
Tl"-LC; ty, as well as the City Manager, have been namnd ..:::,.'"
lnts in the above lawsulto The City Man~qf">'~ -. :E
-.t.uested counsel to protect his interests. Th,
Commission is required to approve the hiring of i"i;:
counsel. For this case, the City Manager is requestin'::t
employment of Shutts & Bowen and Joseph F. MCSorley, -r.:sq"
represent him in this matter. Mr. McSorley's fee 1s $1 ~~
per hour. Our office recommends retention of Mr. McSc: -.'j'
monl tor ~'hD case and ensure the City Manager's inter
adequately protected.
If you have any questions, please call.
JSK ~ sh
cc: David Harden, City Manager
ahat&-1.an
-
g'K
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER r-?> I
SUBJECT: AGENDA ITEM i 8 L - MEETING OF MARCH 23. 1993
SUMMER YOUTH EMPLOYMENT PROGRAM
DATE: March 19, 1993
This item is before you to approve the City sponsored Summer Youth
Employment Program. This program provides youths between 16 and 21
years of age with the opportunity to obtain skills and training by
working in various City departments.
The program runs approximately eight weeks. Florida Job Service will
provide pre-screening and selection services. It is estimated that
approximately 12 participants will be hired at a salary of $4.50 per
hour. Funding will come from the participating department's budget.
Recommend approval of the Summer Youth Employment Program, with
funding from various departmental budgets.
'. "
. .
I
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Nancy Jackson, Human Resources Administrator
THRU: Ned Gusty, Interim Human Resources Director 'nit.
SUBJECT: REQUEST FOR APPROVAL OF SUMMER YOUTH PROGRAM
THROUGH THE JOB SERVICE OF FLORIDA
DATE: March 15, 1993
The following recommendation is being made to approve the Summer Youth
Employment Program in conjunction with the Job Service of Florida:
Program Objective: To provide job opportunities for youth
which familiarizes them with the job
market, provides skill training,
and job seeking skills, and to complete
needed Citywide seasonal projects.
Program will provide meaningful employ-
ment experiences with a tangible outcome
which will be beneficial to the City and
to the participantso
Program Duration: 8 weeks during the summer months
Participant Ages: 16 years to 21 years old
Number of Approximately twelve (12) based upon
Participants: anticipated departmental requests
Work Week: Not to exceed 40 hours per week
Hourly Rate: $4.50 per hour
Residency: Delray Beach residents only
Other Eligibility
Requirements: None
Restrictions: 18 years and older to operate power equipment or
to supervise children.
Pre-Screening & Pre-screening will be conducted by the Florida Job
Selection: Service.
't "
,. , -
Memorandum to David Harden -2- March 15, 1993
Recommended $17,280.
Funding: Departmental Accounts
Positions: Based upon past placement through the Summer Youth
Program, we anticipate utilizing the participants
in clerical, recreational, maintenance and other
related positions. Placement within City depart-
ments will be based upon departmental requests
which will be reviewed and selectively authorized
by the City Manager.
SUMRYTH. DOC/ nj
. ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f,;1v1
SUBJECT: AGENDA ITEM it glV\ - MEETING OF MARCH 23. 1993
AWARD OF BIDS AND CONTRACTS
DATE: March 19, 1993
This item is before you to approve the award of the following bids and
contracts:
1. Chemicals - Environmental Services - Jones Chemical in the
estimated amount of $36,882 (Chlorine), with funding from Water
Treatment and Storage Chemicals (Account No. 441-5122-536-52.21);
Allied Universal in the estimated amounts of $3,792 (Calcium
Hypochlorite) and $25,740 (Sodium Hypochlorite), with funding
from Lift Station Maintenance Chemicals (Account No.
441-5144-536-52.21).
2. Soft Drink Vending Machine Contract - DiLoreto and Sons, Inc.
with a projected annual revenue to the City of $13,535.
3. Computers - Police Department - $12,846.83 (State and GSA
Contract) - Magco/AC3 Computer Corporation in the amount of
$12,323.93 and GTSI in the amount of $523 with funding from
Renewal and Replacement Computer Equipment (Account No.
334-6112-519-64.11).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
.
.
- .
Agenda Item No. :
AGENDA REQUEST
Date: March 08. 1993
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: March 23. 1993
Description of agenda item (who, what, where, how much): Bid Award -
Term Contract for Chlorine. Calcium Hypochlorite. and Sodium Hvpoch1orite
Co-op Bid # 93-041
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award as follows:
sIn Jones Chemical - Chlorine - 36.882.00
<<;; 111- AlIi eo Univen:;::l1 - [:::l1C'illm HypnC'hlnrite - 3.792.00
'>\ 4t Allied Universal - Sodium Hypochlorite - 250740.00
Estimated Annual Cost - 66 414.00
pepartment Head Signature ~~ /%/ I(x> 3/Iz/V
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~/ NO
Funding alternative: ' (if a~liCable) ~
Account No. & Description: @I.--s;;.(2z-~.S>2=-2-I-wrR OO'.42I.C€A6tb
Account Balance: --I (p I S3"l.IO Q-tEM lcA.l-S
City Manager Review: 441-~4-~%.!:;:2-21 ,'L-\P1~Th. YtA-lNI.
(i" I 24f,.1c.o C+\f: tvllCAI.-S
Approved for agenda: YES/ NO if; 1
Hold Until: /, V'v
!
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'f "
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Rob~r~ A. B~rcinski~ Assistant City Manager/(OM
Adm1n1strat1ve SerV1ces "~
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney, Buyer 'f--
DATE: March 08, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
March 23, 1992 - CO-OP BID AWARD
~~LORI~ CALCIUM HYPOCH~ORITE. SODIUM HYPOCHLORIT~
l..t~m Before .!;i ty__~ommissiolt;_
The City Commission 1S requested to award multiple annual contracts
for chemicals and firms listed below, at an estimated annual cost of
$66,414.00. Per the Finance Department, funding is from:
Chlorine:
Calcium HYPochlorite:
Sodium Hypochlorite:
Background:
The City of Boca Raton Purchasing Division is the lead organization
for this bid. Five (5) firms submitted bids on February 26, 1993,
based on estimated annual quantities of the participating
governmental entities. (Documentation on file in the Purchasing
Office.) A tabulation of bids is attached for your review.
The Deputy Director of Public Utilities has reviewed the bids, and
recommends award, per attached memo,
Est. ;J?/./; btJ/../,,! //f//~
Item Vendor Qtv_..o_ _
I-Chlorine Jone~ 180 ~-t ~Il/ c,4/o)--/lVe CcJ.s-1:s )
Chem1cal cycl1nc
3-Calcium Allied 4,800 ] )
Hypochlorite Universal
4-Sodium Allied 60,000 ~AJ'---)
Hypochlori te Universal /:/ v/ 1
.., / J ".---
vI) C~sl - // -';1/ )
Recommendation: ;Ve'</ ['0$1- - J<Yff1-;;-v
Staff recommends award to low bidder~
At tachu!ents:
Tabulation of Bids
Memo(s) from Environmental Services
pc: William Greenwood
George Abou-Jaoude
Don Haley
" "
. .. . -I'] : DELF~H"'( fiE .-. C'H
I H._.
. . 1 [1- "33 IdE. _0 ID:CITY OF BOCA RATON FAX NO:407-393-7983 ti223 F'[:Q/D4
MEMORANDUM
DATE: March 10, 1993
TO: Palm Beach County Cooperative
Purchasing Council Members
FROM: steven L. sapos~
Chairperson
SUBJECT: ALL COOP CHLORINE USERS
I am FAXing to each enti ty further information regarding the
increased pricing of Chlorine:
The first page is from the most recent edition of NAPM INSIGHTS.
The magazine reports that Chlorine is in short supply and has
increased in price for eleven of the last twelve months.
The second page is a Survey done by the city of st. Petersburg and
it shows the prices that other governmental entities are paying in
the State.
If you have any questions, please call me at 407-393-7874. The
next Co-op meeting is Tuesday, March 23 at 1 p.m. in Boynton Beacho
. ... TO: DELRA'y' BEACH
1AR-10-'93 WED 15:11 ID:CITY OF BOCA RATON FA>< NO: 407-393-7g:=::~ 1:1223 F'03/lJ4
8 U S I N E S S
1986 '1ge7 1988 1989 1990 1991 1992 1993
. ",,,",". ,-,'
F MAMJ J ASOND J F MAMJ J ASONOJ F MAMJ JA.SONgJ F MAMJ JASON D J F~~_~l J ~t~.Y J f MAMJ J ASOND J F MAMJ J ASONO J F MAMJ J ASOND 90
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70
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'v '~ .~ 50 !
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ProduGtion in February did not exceed January, but came very close to fmWLctiQp %Better ~ !qy~ Q[~-" .:.ill! !.Ddl!~
meeting It. The Production Index slipped to 63.6%, down one point from February 1993 38 49 13 +25 630
64.6% in January, which was the highest in five years (December January 1993 34 53 13 +21 64!;
1987 - 65.1%). Industri@s showing the strongest rate of growth in
Productfon in February were Electronic Compon@nts & Equipment, TelCtile, Decembar 1992 26 57 17 .+9
Misceilanaous, Glass, Stone & Aggregate, FurniturG, Transportation November 1992 27 80 13
Equipment. and Wood & Wood Produots.
1985 1957 1988 1959 1990 1991 1992 . ,J
,-,--',"_."."''-' .;MjJ~
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NEW ORDERS ,so
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New Orders continued to grow in. February, but at a .signlflcantly slow- New Orders "!"Better ~ %WorSlI ~ ~
er pace than in JanuarY. The New Orders Index slipped to 59.9%, February 1993 36 47 17 +19 59.9
down from 67.2% in January. Altogether twelve industries reported an January 1993 38 49 13 +25 672
increase in their New Order growth to February. Those industries December 1992 32 50 18 +14 64.4
reporting the largest growth In Naw Orders were Primary Metals. November 1992 29 54 17 +12 61.8
Glass. Stone & Aggregate, Textile. Wood & Wood Products, Miscellaneous,
Electronic Components & Equipment, and Foods.
1956 1987 1988 1~a9 1990 1991 1992 1993
J F MAMJ mONO J F MAMJ J ASO", J F MA MJ J ASOND J F MAMJ J A SON OJ F MAMJ ;:;SO;W:iFMAMJJASG'O ,-iMAMJ J A SOND' F '''M J JASON 0 ~---1
9 . _,~..,.,I._.~._,J,,'_'''J_,...r_,.,-~ 1.._I_I.......U_ _ .....L.-1 ,. -L..LJ-L...LJ.....L...l...- "9 a
~~ I
~ ~I
~ ......... ... -~ 50
..~',~'~';,. "".--
.'.....c. v 40
;30
...~...~..
The Supplier D~lIverle$ Index continued over the 50% level for the fourth Supplier Dallvllrle$ %Slower ~ %Fa$ter ~ ~
straight month, mirroring the growth 1n Production over the same period. February 1993 "7 87 6 +1 53.1
The Supplier Deliveries Index changed slightly in February at 53.1 %. I
barely lower than 53.2% in January, and was the highest (slowest January 1993 6 92 2 +4 53.2
delivery rate) In four years (February 1989 - 54.0%). Industries report- December 1992 8 86 6 +2 51.7
ing the greatest difficulty in deliveries on schedulE! were Apparel. Novf;mber 1992 10 84 6 +4 51.0
Printing. Textile. Petroleum. arld Electronic Components & Equipment .-
Jant,lary 1993 tor ll1e 41h consecutive lI'Iontn; Searlnss . Equal repoflS or price dee~as'
ChlOrine .l!Sll(J heavily in bleeching paper and fabriCS; purifying waler; and, ill ma M: Cable. 3rd time in 6 months; Wire - 3rd time il) 6 monti,s., Acetaminophen.
. , synthetic rubber, pi nd other chemicals n 2nd consecutive month (used in making azo dyes, photographic chemicals. and
Oevlc~!j ,2nd COn!:lecl.lllve in medicine to relieve pain and fever); Ammonia - 5th consecutive month
aunt ee n Ammonium Perchlorate - U$ed in explo Iv rotechn' "
month; Celery - U<led In food proceSSing. rocket ra me n ,Chlorine -11th time In
1 -
. 7 month$: Styrene" Afte; beIng repon:ed down in price in January
consecut n price in 199a for 2nd consecutive monlh; Textile Dyes.. 5th lime In 8 months; Tltllnlun1
December for Uw 6th con:secutive month, equal reports of prica decfea,~e;;: Dlol('(le . 2nd conSlOlcutive mO'lth. aMr tJ<ling (lOW'1 in pl'lCIJl in OClotJllrfof tM 2nd
Copper. 2nd consecllbve r11Onlh; Nickel - 2nd CQn~u(jvEl month, after baing report- time In 3 months; Toluene, Alter bein9 reported down in price in January for the
ed down in prIce In DecemMr for th<'J 11th time in 14 months; PII1til'lum . 2M lime 3rd time in 5 month",; Vinyl ;"'ate Monomer - 2nd com;ecutive month; l.umber
In 3 montl)s; Steel. 2nd consecutive month, after beinQ rElPorted down;11 price in . 4th C<)llseeutive month; R.", ".16: Wood Pallets; l1m~. 3rd consecutive month;
DE/cember for the 6th conseculivemonth, soms fI}POt1S of priCe Increases; Stee' CottOn Fabric - 3rd time in 4 months; TeKtlle-'J; 6eet; Turkey Meat.
Scrap - 3rd consecutive month; Tin . After befng reported down In price In
Janue.ry for lhe 6lh time In 6 mOnthS; Zinc - After being reported dC1wn In price In
, . , TCJ : DELF~F=(( BEACH
MAR-10-'9] WED 15:12 ID:CITY OF BOCA RATON FAX NO:407-]9]-?9S] J:l22] F'04/C14
.. MAR 10 · 93 11: 26 ST PETE PURCHRSING 173 P01
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.,
TO:DELRAY BEACH
-= MAR-03-'93 WED 15:15 ID:CIT'r' OF BOCA RATON FAX NO:407-393-7983 lHE:2 F'CQ/C17
Bid Quotation
Bid No. 93-045, Co-op Liquid Chlorine
VENDORS:
JOrii.Chttmical iNti..,.' PB & S Chemioal
r--- UNIT UNIT UNIT
ITEM QTY PRICE TOTAL PRICE TOTAL PRICE TQIAL
!
291 $0.000 400.000 $1164800.000
'0 712 $0.000 $60.000 $42 720.000
12400 $0.880 8 620.480 $0.935 $8060.149
64750 $0.470 $13055.543 .. $0.000
VENDORS:
U.S. Chlorine Hatcross
UNIT UNIT
ITEM QTY PRICE TOTAL PRICE TOTAL
1 2912 $0.000 $0.000
2 712 $0.000 $0.000
\ 3 12400 $0.000 $1.200 $9.672.179
4 64750 $0.570 $36 907.500 $0.000
., 1.'1
.
Agenda I tern No. :
AGENDA REQUEST
Date: M::Irrh 10, 1qq1
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: March 21. jqq1
Description of agenda item (who, what, where, how much) : Bid Award -
Soft Drink Vending Machines - Term Contract
Bid 1193-21
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: A~::Irn ~n n;lnrp~n & Sons Inc.. at a projected annual revenue
of $13,535.
/ %0/
oepartm.ii H';;;;:d Signature, -?~ 3!rz!'f3
Deteraination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO fJ/~ (if applicable)
Funding alternatives:
Account No. & Description: I
Account Balance:
City Manager Review:
Approved fOr agenda: &:%/ NO UJi-/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
" H,
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
~-
FROM: Ted Glas, Purchasing Officer ~~
DATE: March 10, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 23, 1993 - BID AWARD - BID 1193-21
SOFT DRINK VENDING MACHINES - TERM CONTRACT
Item Before City Commission:
The City Commission is requested to award a term contract for soft
drink vending machine service to Diloreto & Sons Inc., at a projected
annual revenue of $13,535.
Background:
There are soft drink vending machines at sixteen (16) locations in
various City buildings. The current contractor is Pepsi-Cola Bottling
Company. Their contract expires on April 1, 1993.
Bids for this contract were received on February 23, 1993 from two (2)
vendors, all in accordance with City purchasing procedures. (Bid
1193-21. Documentation on file in the Purchasing Office. ) A
tabulation of bids is attached for your review.
The bid submitted by Florida Coca-Cola offers the highest proj ected
revenue to the City at $23,256. However their offer requires the City
to fill the vending machines and collect the money. They will only
sell us the product and furnish machines.
Diloreto & Sons, Inc., which is owned by Pepsi-Cola Bottling Company,
are offering a lower revenue, but they are offering full service.
They will fill the vending machines and collect the money as is being
done under the present contract.
The Director of Parks & Recreation has reviewed the bids, and
recommends award to Diloreto & Sons, Inc. as being in the City's best
interest, per attached memo.
It is felt that the costs associated with having city staff fill the
vending machines and collect the money would offset the increased
revenue of the Coca-Cola bid.
., I."
.
Recommendation:
The Purchasing Officer concurs with the recommendation to award this
contract to Diloreto & Sons, Inc. , at a projected annual revenue of
$13,535.
Attachments:
Tabulation of Bids
Recommendation from Parks & Recreation
c: Joe Weldon
Joe Dragon
., I."
MEMORANDUM
TO: Mr. Ted Glas, Purchasing Director
THRU: Joe Weldon, Director ~
Parks and Recreation Dept.
FROM: J. Dragon, Assistant Director
Parks and Recreation Dept.
DATE: March 2, 1993
SUBJECT: Soft Drink Vending Machine Bid #93-21
Per your request please be advised that the bid submitted by
DiLoreto and Sons, Inc. appears to better serve the Parks
and Recreation Dept. needs. I would not want to have this
Department involved in the ordering of merchandise and
servicing of the vending machines, including the collection
of monies.
Also, the bid by the Coca Cola Company indicated that the
portable food units, shade tents and canopies are not
available. These issues render the DiLoreto bid more
favor Ie to t Parks and Recreation Dept.
stant Director
on Dept.
cc: Joe Weldon, Director
File
/
., I'"
.
.
February 23, 1993
BID ~3-21
SOFT [)fUNK VENDING ~INES
TERM CGITRPCT
CITY OF DELRAY BEACH
F~IDA COCA-COLA DI~ETO & SONS INC.
SOFT DRIHK -
REVENUE / CASE
@ $.50 VEND $ 4.75 I CASE = $ 2.97 / CASE =
ESTI~TED ANNUAL
QTY. . S 3648 CASES $ 17.328.00 $ 10.835.00
JUICES -
REVENUE / CASE
@ $.75 VEND $ 6.50 / CASE = $ 2.96 / CASE =
ESTI~TED ANHUAL
QTY'S 912 CASES $ 5.928.00 $ 2.700.00
TOTAL ANHUAL
PROJECTED REVENUE $ 23.256.00 $ 13.535.00
VENDIHG MPOIINES
TO BE CITY OF OELRAY BEACH DI~ETO & SONS INC.
FILLED BY:
ioDIEY SHALL
BE COLLECTED CITY OF DELRAY BEACH DI~ETO & SONS INC.
BY:
H~ OF SOFT eoca-COla, Sprite, Diet Coke. Pepsi, CF Pepsi, Dt. Pepsi, CF Dt. Pepsi,
DRIHKS/JUICES Caffeine Free Diet Coke. Cherry Ht. Dew. Dt. Ht. Dew. Slice. Dt. Slice.
THAT CAt! Coke. Diet Sprite. Mr. Pibb, Orange Slice. Dt. Ornage Slice, CrYSULl Pepsi.
BE PRJ'./IDED Mello Yello. Minute Maid Orange Dt. CryStal Pepsi, A&W Root Beer. Dt. A&W. A&W
Soda. Lipt.on Tea. and Minute Maid Cream. Dt. A&W Cream. Vernol '5. Dt. Vernor's.
1~ Juices - (Orange, Apple. Fruit Seagrams' Ginger Ale. Club Soda. Tonic Water.
Punch, Cranberry Apple. Grapefruit, Seltzer; Welch: Grape-St.tawbeny & Fruit Punch;
Concord Grape, Cit.rus Punch) Tetl~ Tea. Ocean Spray Cranberry -Cranapple.
CranGrape, CranStrawberry & Crantastic; I'\auna
Lai. CranRasberry. Ruby Red, Apple. Orange;
LelOOIl/Lime. Orange and Punch Gatorade
PRCHlTICfolAL ITEMS T-Shirts $ 1.000.00 T-Shirts $ 1 .000.00
(VALUE ESTABLISHED Program Printing 500.00 Program Printing 500.00
IN SPECIFICATIONS) Scoreboards 3.000.00 Scoreboards 3.000.00
USED BY PARKS & Snacks (aftershcool) 1.000.00 Snacks (afterschool) 1.000.00
RECREATION DEPT. Radio Advertising 4.500.00 Radio Advertising 4,500.00
-
Total $10.000.00 Total $10,000.00
.. ",
Agenda Item No. :
AGENDA REQUEST
Date: March 15. 1993
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: March 21. 1991
Description of agenda item (who, what, where, how much): Purchase Award -
Computer Equipment for Police Department
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple awards to vendors as listed on attached memo, at
::I total cost of $12,846.93, via Florida State Contract and GSA Contract.
/ ~~ ?~4).A..,~~ ..3//7/93
r. 1;;
/ / ;5' . . / ' Y
1/.; / V'
pepar ment <<ead Signature:
Deteraination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alternative . . . (if applicable)
Account No. & Description: 9.;;Lf./IRIIZ,-S/tj. 04-1 ( K ffR COI1Pttra2
Account Balance: J4~1 1/74-'. /!J e~lU p
City Manager Review:
Approved for agenda: rfij/ NO fftl
Hold Until: [
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer ~~
DATE: March 15, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
MARCH 23, 1993 - PURCHASE AWARD -
COMPUTER EQUIPMENT FOR POLICE DEPARTMENT
Item Before City Commission:
The City Commission is requested to approve the purchase of computer
equipment from vendors as stated below, at a total cost of $12,846.93.
Per the Finance Department, funding is from:
( ) .
Background:
Funds were allocated in the FY 92-93 budget to purchase computer
equipment. A total of $ is budgeted for this
purchase.
Personal computers and ThinkPads are available via Florida State
Contract. The LAN adapter is available via GSA Contract.
The Police Department and the Management Information Systems Manager
have reviewed these contracts, and recommend awards, as follows:
Vendor Amount
Magco / AC 3 Computer Corp. $ 12,323.93
GTSI 523.00
$ 12,846.93
Recommendation:
The Purchasing Officer concurs with the Police Department and MIS
Division for multiple awards as listed above, at a total cost of
$12,846.93
Attachments:
Memos from Police Department
Documentation on State Contract
c: Chief Overman
., 1"1
-
.
GENERAL FUND CONSTRUCTION
RENEWAL AND REPLACEMENT EQUIPMENT
FISCAL YEAR 1992-93
REQUEST FOR PURCHASE
Requesting DepartmentJDivison: POLICE/SUPPORT SERVICES
Date Requested: February 10. 1993 Date Needed: March 1. 1993
Recommened Vendor: MAGCO/AC3 G.T.S.I.
State Contract#: 250-04-93-1 GSA Contract #GSOOK92AGS6084
Vendor Address:
Vendor Telephone: 1-800-473-4223 1-404-396-4874
Qty Description U nit Price Total Price
3 95560B6 PS/2 Mod. 56SLC 486SLC2/50- $1,789.47 $5,368.41
25MHZ/8MB/I04M
3 8518-001 Enchanced Color Display 14" $391.66 $1,174.98
(ELMF &VLMF)
4 6339098 Token Ring Adapter Cable $22.59 $90.36
3 74F9410 Token Ring 16/4 Adapter/A $561.61 $1684.83
3 6450350 IBM Mouse $62.12 $186,36
1 9552300 PS/2 ThinkPad 700 Note $2,315.79 $2,315.79
486slc/25/4MB RAM/80MB
1 94X2555 Notebook Data/Fax Modem $197,27 $197.27
1 92F8808 Notebook Carrying Case $59.61 $59.61
*1 IT2-16B3 Zero Corom External LAN $523.00 $523.00
Adapter
4 49G2166 NIHM Battery $147.37 $589.48
4 4902170 Quick Char~er $164.21 $656.84
Grand Total $12,846.93
FOR FINANCE DEPARTMENT USE ONLY
Date Requistion Received:
Date Requisition Processed:
Requisition Number: Purchase Order Number:
., l"
~
,I;': -__'I
~~.'"
Delray Beach Police Department -. ~~
~.. .,:
~
-~ ",'-
.-....."...-
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 . lib
RICHARD G, OVERMAN
(407) 243-7888 Fax (407) 243.7816 Chief of Police
MEMORANDUM
TO: Ted Glas, Purchasing Officer
FROM: William H. Cochrane, MajO~
Administrative Bureau
DATE: March 12, 1993
SUBJECT: REPLACEMENT EQUIPMENT PURCHASE
Pursuant to the attached memorandum from Systems Manager Tina
Lunsford, please consider the purchase of equipment from various
vendors per state contract and GSA contract in the amount of
$12,846.93, which is to be funded from the renewal and
replacement of equipment fund.
Your consideration in placing this on your next available City
Commission agenda for approval would be greatly appreciated.
WHC/ppt
Attachments
COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~1
SUBJECT: AGENDA ITEM # Cf t\ - MEETING OF MARCH 23. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: March 19 J 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period March 8,
1993 through March 19, 1993. The following actions were considered
during this reporting period:
Planning and Zoning Board:
-Determined that the Fabrication of Sheet Metal is similar to the
industrial uses allowed in the special geographic area within the
CBD (Central Business District).
Site Plan Review and Appearance Board:
-Approved the architectural elevation plan (re-roof) for
Greensward Village Condo.
-Approved the architectural elevations (color change) for
Holidays on the Avenue.
-Approved the site, landscape and architectural elevation plans
associated with Discount Auto Parts.
Historic Preservation Board:
-Granted a Certificate of Appropriateness and approved the site,
landscape and architectural elevation plans associated with the
conversion of a single family dwelling at 138 N. Swinton Avenue
to an office use.
-Tabled action on a request for a Certificate of Appropriateness
associated with the construction of a handicap ramp at a single
family home located at 14 S.E. 1st Street.
A detailed staff report is attached as backup material for this item.
Recommend the Commission receive and file this report.
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(7'-')
C I T Y COM MIS S ION DOC U MEN TAT ION
,
TO: DAVI'D T. HARDEN, CITY MANAGER
\'vrrI a.JU K0f@m
THRU: DA J. KOVACS, DIRECT
DEPARTMENT OF PLANNING AND ZONING
l~~~ ~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF MARCH 23, 1993
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 8, 1993 THRU MARCH 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 March 8, 1993, through March
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.
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City Commission Documentation
Report of Appealable Land Use Items
March 8, 1993 thru March 19, 1993
Page 2
PLANNING AND ZONING BOARD MEETING OF MARCH 15, 1993
1. Determined on a 6 to 0 vote, that the Fabrication of Sheet
Metal is similar to the industrial uses allowed in the
special geographic area within the CBD (Central Business
District).
No other appealable items were considered by the Board. The
following agenda items which were considered by the Board will
be forwarded to the City Commission as separate agenda items:
* Recommended approval (6 to 0), of a rezoning request from
Planned Commerce Center (PCC) to Light Industrial (LI) for
a portion of Congress Park South which is located on the
west side of Congress Avenue, south of Atlantic Avenue. In
conjunction with the rezoning, the Board also recommended
changes to the Light Industrial zoning with respect to the
amount allowable retail sales and minimum frontage.
* Recommended denial (6 to 0) of a rezoning request from
General Commercial (GC) to Automotive Commercial (AC) for
Meineke Mufflers at the former Tire Kingdom property.
The Board also recommended denial (6 to 0) , of the
concurrent conditional use request.
* The Board considered several LDR Text Amendments. The Board
recommended approval (5 to 0), of the following amendments:
- Adding language requiring Site Plan Review and
Appearance Board or Historic Preservation Board review
of color changes.
- Change references from Planning and Zoning Board to Site
Plan Review and Appearance Board with respect to waivers
of specific regulations applying to site plan approvals
associated with automotive uses.
- Irrigation requirements, including moisture sensing
devices and rust inhibitor equipment.
- Fire suppression.
- Deleting Relief from Improper Regulations.
- On a 4 to 1 vote (Currie dissenting) the Board
recommended approval of LDR Text regarding Preliminary
Engineering Plan Requirements.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 10,
1993: :
A. Approved the architectural elevation plan (re-roof) for
Greensward Village Condo, located within the Hamlet
Subdivision on West Atlantic Avenue (Vote 6 to 0).
B. Approved the architectural elevations (color change) for
Holidays on the Avenue, located on the north side of
Atlantic Avenue, west of the FEC Railroad (Vote 6 to 0).
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City Commission Documentation
Report of Appealable Land Use Items
March 8, 1993 thru March 19, 1993
Page 3
C. Approved the site plan, landscape plan and architectural
elevation plan associated with Discount Auto Parts, which
is located on the north side of West Atlantic Avenue,
between Barwick and Military Trail in unincorporated Palm
Beach County. The site plan is in conjunction with a water
service agreement (Vote 5 to 0).
HISTORIC PRESERVATION BOARD MEETING OF MARCH 10, 1993
x. Granted a Certificate of Appropriateness, and approved the
site plan, landscape plan and architectural elevation plan
associated with the conversion of a single family dwelling
to an office use at 138 North Swinton Avenue (Vote 5 to
0) .
No other appealable items were considered by the Board. However,
the following agenda items required Board action.
* In conjunction with the actions on 138 North Swinton
Avenue the Board approved on a 5 to 0 vote the following
variances:
- reducing the back-out maneuvering area for 2 parking
spaces from I' to 4' depth from the required minimum of
6' .
- reducing the width of four parking spaces which directly
back-out into an alley from 10' to 9'.
* Recommended approval extending the date of the demolition
permit (from April 1st to June 1st) for a single family
house and garage located at 5 NE 8th Street.
* Recommended that the Planning and Zoning Board initiate an
Ordinance to facilitate the City's participation in the
Historic Preservation Property Tax Exemption;
* Recommended that the City Commission issue a proclamation
designating May 9-15, 1993 "Preservation Week"
HISTORIC PRESERVATION BOARD MEETING OF MARCH 17, 1993
Y. Tabled action (6 to 0), on a request for a Certificate of
Appropriateness associated with the construction of a
handicap ramp at a single family home located at 14 S.E.
1st Street. The ramp would run north to south from the
center of the front property line to the existing porch
with access to the proposed ramp located on the unpaved
swale area of S.E. 1st Street. Staff recommended that the
ramp be located parallel to the front porch, running east
to west, with access from the existing asphalt driveway.
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City Commission Documentation
Report of Appealable Land Use Items
March 8, 1993 thru March 19, 1993
Page 4
The item was tabled to the April 7th meeting to give staff
an opportunity to review an alternative proposal presented
at the meeting which involves an east/west orientation of
the ramp, construction of a new sidewalk leading from SE
1st Street to the ramp and curbing along the property line.
The new proposal forces drop-off within the S.E. 1st Street
right-of-way. The Board's concerns centered around the
drop-off area, and they wanted complete staff review prior
to final action.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETINC
OF MARCH 23. 1113
L-30 CANAL
I
LAKE IDA ItOAD
-l I
e NW2ST
(g)
@
ATu.NT1C AVENUE SW2ST
~ ~
~ I . ~
@ a a
2 ~
LDWSON IOULEVARD
I
::I
UNTON BOULEVARD i
~
L-38 CANAL
S.P.R.A.B. ITEt.tS: H.P.B. ITEMS:
A.. - GREENSWARD VILLAGE CONDO X. - 138 N. SWINTON AVE.
8. - HOUDAYS ON THE AVENUE Y. - '4 S.E. 1ST STREET
N C. - DISCOUNT AUTO PARTS
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CITY OF DELRAY BEACH. flORIDA
PLANNING OEPARNENT
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RESOLUTION NO. 27-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
REQUEST THE STATE OF FLORIDA DEPARTMENT OF NATURAL
RESOURCES TO ESTABLISH AN "IDLE SPEED-NO WAKE" ZONE
ALONG THE INTRACOASTAL WATERWAY IN THE AREA NORTH AND
SOUTH OF THE MARINA LOCATED JUST SOUTH OF THE GEORGE
BUSH BOULEVARD (N.E. 8TH STREET) BRIDGE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Natural
Resources established slow and 25 MPH speed zones within the
Intracoastal Waterway throughout the City limits; and
WHEREAS, the Marina which is located just south of the
George Bush Boulevard (N.E. 8th Street) bridge operates a marina and
fueling facility; and
WHEREAS, the wakes created by at or above the "slow speed"
create a hazardous situation at the marina due to fuel spills and
damage to other boats fueling at the facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That this resolution be forwarded to the Board
of County Commissioners of Palm Beach County, Florida, as a formal
request that due to the hazardous conditions existing at the marina
herein described, the Palm Beach County Commission request the
Department of Natural Resources to investigate the feasibility of
enacting a rule declaring the portion of the Intracoastal Waterway
north and south of the marina which is located just south of the
George Bush Boulevard (N.E. 8th Street) Bridge an "idle speed-no wak~"
zone as defined in Section 16N-24.022, F.A.C.
Section 2. That this resolution shall take effect
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 23rd day
of March, 1993. ~~
ATTEST:
(J ft;IJfTJ?'I!JJr.-H,u 1/{ Ilru7<v
City Cl rk .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf"~ I
SUBJECT: AGENDA ITEM i q6 - MEETING OF MARCH 23. 1993
RESOLUTION NO. 27-93
DATE: March 19, 1993
This is a resolution requesting the Palm Beach County Board of
Commissioners to request that the State of Florida Department of
Natural Resources establish an "Idle Speed-No Wake" Zone along the
Intracoastal Waterway in the area adjoining Henry1s Marina.
A hazardous condition exists at the fueling facility at Henry1s
Marina, located just south of the George Bush Boulevard Bridge. Wave
action from passing boats causes boats fueling at the facility to
suddenly move resulting in fuel spilling into the Intracoastal. As
there is a potential for serious personal injury and property damage,
staff is requesting that action be initiated to designate this area as
an idle speed- no wake zone. A detailed staff report is attached as
backup material for this item.
Recommend approval of Resolution No. 27-93.
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RESOLUTION NO. 27-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF
COUNTY COMMISSIONERS OF PALM BEACH COUNTY, fLORIDA,
REQUEST THE STATE OF FLORIDA DEPARTMENT OF ~ATURAL
RESOURCES TO ESTABLISH AN "IDLE SPEED-NO WAKE" ZONE
ALONG THE INTRACOASTAL WATERWAY IN THE AREA
AD.TCHNTNG m:tlRY I s: MARINA.
~tJA~ the State of Florida Department of ~atur3.~
Resources established slow and 25 MPH speed zones withi:'1 t:--:e
Intracoastal Waterway throughout the City limits; and
WHEREAS, Henry's Marina, which is located Just south 0: t:-:e
George Bush Boulevard bridge operates a marina and fueling fac:ll':';;
and
WHEREAS, the wakes created by at or above the "slow speed"
create a hazardous situation at the marina due to fuel spills and
damage to other boats fueling at the facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION Of
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That this resolution be forwarded to the Board
of County Commissioners of Palm Beach County, Florida, as a t!o r:na 1
request that due to the hazardous conditions existing at Henry's
Marina, the Palm Beach County Commission request the Department of
Natural Resources to investigate the feasibility of enacting a rule
declaring the portion of the Intracoastal Waterway o::n1jUll1illY Ih:".. ~ ':r-
Marina an "idle speed-no wake" zone as defined tection 16N-24.022,
F.A.C. 1l0~ ~~ '5
Section 2. That this resolution shall take e::ect
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 2Jrd d3.:'
of March, 1993.
MAYOR
ATTEST:
City Clerk
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CITY COMMISSION DOCUMENTATION
TO: DAVID TrsV' CITY MANAGER
,l,_~ .c,~
VIA: DAVID J. KOVACS, DIRECTOR OF PLANNING AND ZONING
FROM: JOHN WALKER. PROJECT COOrmINAT~ (&!~-
SUBJECT: MEETING OF MARCH 23, 1993
RESOLUTION REQUESTING "IDLE SPEED - NO WAKE" ZONE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approving
a resolution requesting that the Board of County
Commissioners request the State of Florida Department of
Natural Resources to establish an "Idle Speed - No Wake"
zone along the Intracoastal Waterway in the area adjoining
Henry's Marina.
BACKGROUND:
A hazardous condition exists at the fueling facility at Henry's
Marina, just south of the George Bush Boulevard bridge, due to
the operation of boats along the Intracoastal Waterway. Wave
action causes boats fueling at the facility to suddenly move,
causing fuel to spill into the Intracoastal Waterway. As there
is a potential for serious personal injury and property damage,
staff is requesting that action be initiated to designate this
area an idle speed - no wake zone. A detailed staff report is
attached as backup for this item.
RECOMMENDED ACTION:
By motion, approve a resolution requesting that the Board of County
Commissioners request the State of Florida Department of
Natural Resources to establish an "Idle Speed - No Wake"
zone along the Intracoastal Waterway in the area adjoining
Henry's Marina.
Attachment: Report from Chief Koen
T:\ADVANCEO\SPZONE4.0OC
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[IT' DF DELRA' BEA[H
FIRE DEPARTMENT
MEMORANDUM
TO: JOHN WALKER, PROJECT COORDINATOR
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: FEBRUARY 18, 1993
SUBJECT: SAFETY HAZARD POTENTIALS -
I.C.W. AND GEORGE BUSH BOULEVARD
I have inspected the boat docking facilities north and south
of the 8th Street bridge following our discussion at a recent
meeting if the Design Services Management Group. The marina south
of the bridge includes a single fuel pump dispensing facility
similar to, but somewhat smaller than the operation at the Delray
Harbor Club Marina. From my personal observation at the site, it
is evident that boats taking on fuel at this facility can be
subject to wake action, thereby creating a fire risk due to fuel
spills. In this case my assessment indicates that the absence of
a "NO WAKE" zone contributes to an unacceptable level of risk from
a fire safety perspective. Abatement of this risk should be
pursued by reducing speeds of boats traversing this section of the
Intracoastal Waterway.
My evaluation also included personal observations related to
conditions north of the bridge on the west side of the waterway.
While boats are moored at this site as well, no fuel dispensing
services are provided. Therefore, no unusual fire risk can be
identified as a result of wave action caused by passing boats at
this site.
~~ \S,\I -..-._~"'_~ r-_---.-..-__......~
Kerry B. Koen
Fire Chief
KBK/mmh
cc: D.S.M.G.
Div. Chief Cato
FIRE DEPARTMENT HEADQUARTERS- 101 WEST'ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444
407/243-7400 - FAX 407! 265-4660
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[ITY DF DELRAY BEA[H
i CI~' '. .. - ... :: . - =- . -..-.' -__ -I -__~~ :J':'_)~J.4.;1 . 4: - ::
April 13 I 1993
Commissioner Mary McCarty
Chairperson, Board of County Commissioners
County Governmental Cente~
Post Office Box 1989
301 N. Olive Avenue
West Palm Beach, FL 33402
Re: Resolution No. 27-93
Dear Chairperson McCarty:
At the March 23, 1993, regular meeting, the City Commission of
the City of Delray Beach, Florida, passed and adopted Resolution
No. 27-93, a copy of which is attached for your information.
Resolution No. 27-93 requests that the Board of County
Commissioners of Palm Beach County, Florida, request the State of
Florida Department of Natural Resources to establish an "idle
speed-no wake" zone along the Intracoastal Waterway in the area
north and south of the marina located just south of the George
Bush Boulevard (N.E. 8th Street) Bridge.
Your serious consideration and support of this Resolution is
appreciated.
Sincerely,
~lljJJ:,~H[ttf';
ALISON MACGR GOR HARTY
City Clerk
AMH/cl
Attachment
T HE EFFORT A LV'JA 'is MATTERS
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Board of County Commissioners County Administrator
Mary McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
May 4, 1993
Alison MacGregor Harty
City Clerk
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Ms. Harty:
This letter acknowledges receipt of Resolution No. 27-93,
requesting that the Board of County Commissioners request the state
of Florida Department of Natural Resources to establish and "idle
speed-no wake" zone along the Intracoastal Waterway in the area
north and south of the marina located just south of the George Bush
Boulevard eN.E. 8th street) Bridge.
The Palm Beach County Board of County Commissioners Officially
received and filed your correspondence at the May 4th Board
meeting. A copy of the resolution was forwarded to Richard
Walesky, Director of Environmental Resources Management.
Sincerely,
1'1' l' '.
~ . /
/'Zd l 'f..L C",L ;;CLi-t
Dianne Cahill
Agenda Coordinator
cc: Richard walesky
"An Equal Opportunity - Affirmative Action Employer"
@ printtld on recyclt1d paper Box 1989 West Palm Beach, Florida 33402-1989 FAX: (407) 355-3982
Mail For 0
Harty, Alison - City Clerk
TO User ID Address
HARTY DELRAYCH
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Fl. 33444
City Clerk
2nd Floor City Hall
(407) 243-7057
FROM User ID Address
KOVACS DAVID
SUBJECT
REFERENCE
AUTHOR
ACTION DUE
DATE
Alison: The County ltr re NO WAKE ZONE (Walesky 5/20) should ~
to Barcinski & Tolces also. Thank you for my copy.
~1(o1q3
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt>>vl
SUBJECT: AGENDA ITEM :It 9c., - MEETING OF MARCH 23. 1993
AMENDMENT TO WATER AND SEWER RENEWAL AND REPLACEMENT FUND
DATE: March 19, 1993
This item is before you to amend the Water and Sewer Renewal and
Replacement Fund to reflect the audited balance and to approve the
transfer of other funds into this Fund. The amendment includes
transferring $145,949 from Prior Year Surplus to Project Reserves i
transferring $960,000 from Prior Year Surplus to the Renewal and
Replacement Fund, transferring $960,000 from the Water and Sewer Fund
to Project Reserves and transferring $1,200,000 from the Project
Reserves to Manhole Rehabilitation ($600,000) and Master Sewage Lift
Station - Buildings ($600,000).
The primary funding source for the Master Sewage Lift Station project
is the 1991 Water and Sewer Revenue Bonds i however, once Bond funds
are depleted R & R Funds will be used. Also, additional funding for
the Manhole Rehabilitation may be required for Phase I.
Recommend approval of the amendment to the Water and Sewer Renewal and
Replacement Fund.
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Agenda I tem No. :
AGENDA REQUEST
Date: 03/02/93
Request to be placed on:
X Regular Agenda
Special Agenda 03/09/93
WO,rkshop Agenda When:
Description of item (who, what, where, how much) : Amend the
Sewer Renewal and Re lacement Fund b an additional $1,105,949. Prior
W1 be $145.949 to reflect the audited fund balance and an additional $960.000
will be budgeted which is presentlv reserved for Renewal and Replacement Capital.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
(Example: Recommend approv from S ecial Events Account
No. 001-3333-555-44.55).
Department Head Signature: ,
City Attorney Review/ Recommenda applicable) :
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: t;J1
Approved for agenda~ ~/ NO
Hold Until: :3 3 13
f
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date 1-Mar-93
(3) Interfundllnterdepartmental Transfer (4) Batch Number
Budget
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
1. 442-0000-301.24-00 Prior Year Surplus 145,949
442-5178-536.99-01 Project Reserve 145,949
2. 441-0000-301.49-00 Prior Year Surplus 960,000
441-9111-581.91-14 Transfer to R & R Fund 960,000
442-0000-381.41-00 Transfer From W & 5 Fund 960,000
442-5178-536,99-01 Project Reserve 960,000
3. 442-5178-536,99-01 Project Reserve 1,200,000
442-5178-536,61-84 Manhole Rehab 600,000
442-5166-536.60-31 Master Sewage Lift Sta-Building 600.000
(10) TOTAL 3,265,949 3,265,949
JUSTIFICATION: 1. Ad'ust FY 93 balance in R & R to reflect the audited fund balance.
960000 reserved for R & R as of 9/30/92.
R & R Funds to be used once the Bond funds are de leted.
I~V( 1 ht-' . I
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Asst City Manager
Budget City Manager
(12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER! \
FROM:
SUBJECT: AGENDA ITEM i ~D - MEETING OF MARCH 23. 1993
RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/IBF&O
DATE: March 19, 1993
This item is before you to ratify the collective bargaining agreement
with the International Brotherhood of Firemen and Oilers. The City
Attorney will present the agreement at Tuesday evening's meeting.
Recommend ratification of the collective bargaining agreement with the
International Brotherhood of Firemen and Oilers.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trr1
SUBJECT: AGENDA ITEM i q E' - MEETING OF MARCH 23. 1993
SERVICE AUTHORIZATION NO. 12/HAZEN AND SAWYER
DATE: March 19, 1993
This item is before you to consider a service authorization in the
amount of $29,655 to the contract with Hazen and Sawyer for consulting
services to design, provide field observation and bidding services for
a pigging (cleaning) system for the dedicated raw water line at the 20
Series Wells to the degasifier located at the Water Treatment Plant.
This project is necessary due to sand build up in the system and
stripping tower. The sand build up is deteriorating the stripping
tower manifold system. Pigging the raw water main will eliminate the
sand build up and produce a better quality of water.
Recommend approval of Service Authorization No. 12 in the amount of
$29,655 to the contract with Hazen and Sawyer with funding from 1991
Water and Sewer Revenue Bond - Well Monitoring/Rehabilitation -
Engineering/Architect (Account No. 447-5171-536-31.30)j pending budget
transfer from Well Monitoring/Rehabilitation - Buildings (Account No.
447-5171-536.60.31).
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Agenda Item NO.1
AGENDA REQUEST
Datel March 5, 1993
Request to be placed onl
XXX Regular Agenda
Special Agenda
Workshop Agenda Whenl March 2-3. '1993
Description of item (who, what, where, how much) I Staff requests City Commission to
approve Service Authorization No. 12 to Hazen & Sawyer for the Water Line Pigging Services Project.
This is an emeraencv proiect due to sand buildup in the system and strippina tower from the 20 Series
We11fie1d. Fundina source is #447-5171-536-31,30 at at cost of $29L65~.OO.
ORDINANCE/RESOLUTION REQUIRED. YES/NO DRAFT ATTACHED YES/NO
Recommendationl Staff recommends City Commission to approve Service Authorization No. 12 to
Hazen & Sawyer in the amount of ~29,655~90.
Department Head Signaturel #~~_u.-~ ~/51t3 ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget D1.+.ector Review ~red on all items involving expenditure of funds):
Funding available: YES NO
Funding alternativ s . (if applicable)
Account No. & Desc1iPtio~ 7- 01 7''''17*, 'i!>lr1f) /11 f;fA\/f) rN~w~oNr(. ~..fitH4f3---
Account Balance 1/ ,r':f 8 -
/
City Manager Review:
Approved for agendal 6~/NO f 7~/\
Hold Untill
Agenda Coordinator Reviewl
Received:
Placed on Agendal
Actionl
Approved/Disapproved
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I PiVlfWtl'lI 'I~";l ~,rUVfn~:,
CITY OF DELRAY BEACH 93 ~U\R 17 Pi1 2: 29
i~)r,('L:IVED
.. __ ....~ L
CONSULTING SERVICE AUTHORIZATION
DATE: March 17. 1993
SERVICE AUTHORIZATION NO. 12 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE: 447-5171-536-33.11
PROJECT NO. (CITY) 4093 (HAZEN AND SAWYER, P.C.)
TITLE: Water line piooino services.
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the contract dated April 1 , 1992, between the City of Delray Beach and Hazen and
Sawyer, P.C.
I. PROJECT DESCRIPTION
This Service Authorization No. 12 covers the design, field observation, and bidding services of
pigging (cleaning) the dedicated raw water line from the 20 series well field to the degasifiers plus
cleaning the pipes at the degasifiers. This is a response to an emergency work order request
from the public utilities division to clean and revamp piping in the raw water main line, by
removing sand which has impacted the water treatment plant. No provisions were provided in
the pipeline original design for the pigging operation.
II. SCOPE OF SERVICES
A. Phase I - Study and Report - Not Applicable
B. Phase II - Prellmlnarv Deslan Phase - Not Applicable
C. Phase III - Final Deslan Phase
CONSULTANT shall design a pigging cleaning system for the dedicated raw water
line from the 20 series wells to the degasifier located at the Water Treatment Plan.
0
D. Phase IV - Blddlna/Neaotlatlon Phase
CONSULTANT shall provide bidding services for the pigging of the 20 series well
field raw water main.
Page 1 of 3
4082C004.BCA:03-17-93
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E. Phase V - Construction Phase
CONSULTANT shall provide field observation (not to exceed 120 hours) in regard
to the pigging of the 20 series well field raw water main. The construction phase
requires extensive observation due to the complications associated with various
pipe cuts and fitting installations.
F. Phase VI - Resident Prolect Representative Services Phase - Not Applicable
III BUDGET
Description Fees
Phase III $15,900
Phase IV $ 3,015
Phase V $10,740
TOTAL $29,655
IV COMPLETION DATE
This work will be completed as part of the construction portion of the project. Estimated
completion date December 1, 1993.
Page 2 of 3
4082C004.BCA:03-17-93
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This Service Authorization is approved contingent upon the CITY'S acceptance of and
satisfaction of the completion of the services rendered in the previous phase whereas
encompassed by the previous Service Authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or Service Authorization, the CITY
may terminate the contract without incurring any further liability. The consultant may not
commence work on any Service Authorization approved by the CITY to be Included as part of the
contract without any further notice to proceed.
APPROVED BY:
THE CITY OF DELRA Y BEACH HAZEN AND SAWYER, P.C.
Date Date
By .1 ~&4 '-'-\ 0~ .-~ ~
Signature ,../Baade M. Chlb~, P.E.
Associate
Print Name Witness
.
Title Witness
Attest State of Florida
County of Palm Beach
Approved as to legal Sufficiency and Form
I HEREBY CERTIFY that on this date before
me, an officer duly authorized in the state
and county named above to take
acknowledgements, personally appeared
, known to me to be
the person In and who executed the
foregoing instrument, and acknowledged
before me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me
this day of .1993.
Notary Public
My Commission Expires:
Page 3 of 3
4082C004.BCA:03-17-93
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City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date March 11, 1993
(3) Interfundllnterdepartmental Transfer (4) Batch Number 30/ESD
(5) Requested By: George Abou-Jaoude, Deputy Director of Public Utilities
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
447-5171-536-60.31 Well Monit/Well Rehab - B dg $ ~:t~~ $ 7{t~~f~
447-5171-536-31.30 Well Monit/Well Rehab - E gr
(10) TOTAL I! 39.642 $ 39,642
JUSTIFICATION: Transfer needed to cover engineering services from Hazen & Sawyer for
the water line pigging services nro;ect. This is an emergenCV nro;ect due to sand
buildup in the system and stripping tower from the 20 Series Wellfield.
Will be nut on City Commission Meeting of March 23, 1993.
-- ~.
Department Head Asst City Manager
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAI.-RI In(.;J:T r.ANARY-FII J:' PIJ\IU' _nJ:'p ^ OTUJ:'t.lT
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfr?v\
SUBJECT: AGENDA ITEM it qF - MEETING OF MARCH 23 I 1993
AMENDMENT NO. 2 TO SERVICE AUTHORIZATION NO. 8/CH2M HILL
DATE: March 19, 1993
This item is before you to approve an amendment to Service
Authorization No.8 in the amount of $14,141 to the contract with CH2M
Hill for consulting services in conjunction with the relocation of
Well #7 and redesign of a new well at the North Tank.
The scope of service of this amendment includes:
-Performing design calculations for upgrading the existing 275
kilowatt generator to handle the existing North Reservoir
facility and the new replacement well to be located near former
Production Well No.4, including the necessary changes in the
wiring, transfer switch, instrumentation and controls and the
existing RTU located near the generator building.
-Request a quotation from the generator manufacturer for removing
and installing a replacement generator.
-Design, prepare drawings and coordinate with Florida Power and
Light for a separate electrical service line to the City
Attorney/s Office.
Additionally I the amendment provides for additional services during
the rehabilitation of the City/s well fields. These additional
services are needed to proceed with work due to the additional
rehabilitation efforts requested by the City and are based on the 90
day extension of time requested by the contractor.
Recommend approval of Amendment No. 2 to Service Authorization No. 8
in the amount of $14,141 with funding from Renewal and Replacement
Well Renewal-Replacement and Upgrade (Account No. 442-5178-536-61.82)
pending budget transfer from Renewal and Replacement Project Reserves
(Account No. 442-5178-536-99.01).
"
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Agenda Item No.:
AGENDA REQUEST
Date: March 11. 1993
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: March 23, 1993
Description of item (who, what, where, how much): Staff reQuests City Commission to
approve Amendment No.2 to Service Authorization No.8 for consulting services to the Wel1field
Redevelopment and Rehabilitation and Monitor Well Installation. The additional services are due to
relocating Well No.7 from Tennis Center and redesign and permit new well at the North Tank. Also
included was a study to connect this new well to the existing generator. Total cost is $14,141.00.
Funding is #442-5178-536-61.82. Request budget transfer from 442-5178-536-99.01 to 61.82.
Proiect No. 90-56.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends City Commission to approve Amendment No.2 to Service
Authorization No.8 to CH2M Hill for consu1tinQ services in the amou~t of $14.141.00
Department Head Signature: ~~ A ---~~ ~~ GJ
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget D~rector Review (~red on all items involving expenditure of funds):
Funding available: E /NO
Funding alternative ~f a~icablel
Account No. & DescriPti~1f1[~/;~~?fJ~~~ ~ ~aHAB
Account Balance-1~1Zg. c;
City Manager Review:
Approved for agenda: e;/NO f '1~~ I
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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0_ Engineers FAX REQUEST FORM
_ Planners FOR IMMEDIATE DELIVERY
!m1iflB1lJ Economists Office Telephone Number: 305/426-4008
_ Scientists Fox Telephone Number: 305/698-60 10
To: _G"fJ1J:!!l1..~-A'tx~.~t. ._-::-__ _, __ Firm Name:" ,\\p \llJ. ~~ ~~.~.. .~ cU' ~
FAX Telephone Number: __ L.C'j~-' "1 .3..::....\u;,O Date: .3/.1 /(l')',__~u__._ ___
From: -=-.Tt'N\ '~:\"".Du:-f) ____ Project Number: _~_.'u______________'_
Total Number of Pages Including This Page: ~L--_ .____.__-_-_
If you do not receive ALL of the pages. or If any of the page did not transmit clearly,
please call as soon as possible. Thank you.
CO,!olr.1ENTS: ~. Ire'Ll QI.,0 -1&Lte'^~ti ~~~tv; (Q ,
_1vth~'i~~~:Ll<tiJ~~ \~ c _,~~
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__.Le.d-~jy"JQ.._-.fctJ (?v ~d1t!L--r;I1!.- ,tal(~L~]]{2~.~ -5;~/ql.Yhi k,~Fh,{t.-17i2lL:{l:(s. ,----
____.'_....._., ,-......,__..__ _____.._.__. ... __.._._~_.._..._.____ __....._.._.......-...___-_n_
CH2M HILL Southoost ROIlda Offl.co !-IR/boro fXGCUTlvf1 Cant9/' NOIIf'l. &Xl FI;Jk'.....oV DiNO. SUite J..'iD m,426-4ClJ8
DGII/I'/lQIt.18t.a<Xh F/r:Jrlt;f(J 4tJl.'J37.6M5
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City of Delray Beach
Consulting St~ryice Authorization l\JlleHduleut
DATE: , 1993
---'-~ -..._.w_
/\MENDMENT 2 TO SERVICE AUTHORIZATION NO.8 POR
CONSULTING SERV1CES
crry P.O. NO. --.----- CITY EXPLNSE CODE ___
PROJECT NO. 2U::S5 (CITY OF DELRAY BEACH) ~~FJ.~3D:L87FQ (CH2.t\1 IIlLL)
TITLE: Well 'field RedeveltJpment ~lIJd RehabiliLltif)jJ and r-.runilOr Well Installatiun
I. P.'oject D(,scl'ipLioll
In September 1992, a.s pan of an ernergene)' autl1Orizatioll, the City authorized CH2M
HILL to abandon an existing wi'lter supply well locateD in the area of the new TennIS
Center. To maintain the water supply capacity the City nE'edo;;. a replacement well was
planned in the area of the City's north sturage reservoir. In an effort to provide the City
\\lith the most timely and cost effective solution, it W;:IS agreed that the abandonment
woUld occur tlllder the existillg contract Ivith the wellfield lehabililation contractor,
Meridith Corporation. Subsequently, the replacement well would also be contracted
through Meridith, but \vouJd be issued as a modification to their cuntrad. Since tllen,
CH21\1 HILL h3S proceeded with the design and permitting of the new vlater supply wen
and has requested a final cost estimate frum tvfetidith to conduct the proposed work.
With regard to the ne\v \vater supply well, the City's original intent was to provide a
separate ele.ctrical service. Ho\vever, due to (\ restricted power supply from FP&L in the
area, consideration had to be given to tieing the new \-\'ell into the existing power supply
at the north stOlage reservoil, COIl:se4uentiy, this proviclec\ an opportunity to linK tile
\h~lI into the ex.isting 275 kilowatt (KW) generator for emergency backup, Therefore, the
City has to consider modifying the ex.isting motor control center to accol\)m{)dat~ tl\\.~ 1\1':.'\\
well, and has to remove the City attorney's office from this I)()\"(;,f supply, Based Oil
these change~, a tlll,ldiftcatio\l to CH2M HILL's scope of services must be made. These
modifications include:
. Evalualing. designing, :.md replacing the existing 275 bJowatl (K W)
generator at the City's north ~torage res(,f\'oir with one capable of handling
the l~xi<;ting high seTlJice pumps and the new replacement ,vater supply
well.
lOOIID33.DFB ]
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. Providing design and COOJdill('.tioll for rernoval and rel(K:atioll of the
electrical servjl.:e to City Attorney's office. Currently the: CitY;lttorney'<;
office operates off power supplied to the north stor2.ge n:ser..-oir, and to
accommodate the rlC\\i replacement '.vater supply I,l.ell. (\ separate servicl' is
req uired.
III addition to ~hc new watt1 supply well, adllnillllal services 11<lVe been conducted as part
of the ......en field rehabilitation program. "I hcse service~ included ad,jjtiollal well rehabili
tation processes on sever~ I ."X i stine \\'atel <;,upply wells to i n....[(.a.,e their pumpi ng capaci-
ties and reduce the ov('rall sub<:;equent costs of operating the wells, '{'hese additional
services requested by the City h~-l.\'e resulted in a combined in('n~\Cl~i;;' in c<wacity of over
2 million gallons per day from the City's well fields. BecauSt' or tllest' a.dditionaleffons
requested by the City) a 90-day (approximately 3-lIlonth) time e\knsion for !\,1eridith's
contract has been requested. No additiunal contractor cost is i;.'xpeUed due to t!1is time
extension, r\dditional services from CH2M HILL. however. arc required to oversee and
adminis.ter this additional v-ellfield rehabilitation work.
The follO\ving I!lcldificatioll to the scope of services for professional engineerillg ser\!ict~S
an,'>, required to <:ornplete the ddditional \vork involving both the replacement \vakr supply
well and the added benefit of the additional wcllneld rehabilitatiun effort'),
II. Scope of Services
Amend Task 3 ~- Preparation of Contract Documents and Service'~ During. Bidding, to
include:
1 . Perform design cakulations for upgrading the existing 275 kilowatt (KW)
generator to handle the exisling North Re.servoir faciliiy and the nev.:
replacement \vell for P\V-7, to be located near fonner PW-4. Include the
necessary cllHngf's In the wiring, transfer $I,\':t<.:\), 111stnllllentation and
controls, and the exj~ting RTU located near the ge~lerator building.
"') Contud generator Illanufacturer and request a quotation for removing and
....
installing a replacement generator. Include an amount for the credit for the
existing generator, and the additional COsts for the wiring and transfer
switch modifications. Present costs to the City.
3, Design a separate electrical service line to the City i\ttomcy's offke.
Prepare dra'",ing:) ~lnd specifications suffi.:-icn\ for ap}Jloval by Florida
Power & Light and to requC'st a bid from Energy Effkient to complete the
work.
4. Coordinate with Florida POWt'f &: Light and Energy Efficient to provide
the service from the rnost feasible and cost-effective location.
IOOlID33.DFB 2
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Amend Task 4 ----Sf.'rvices During Constnlction. to include:
1. Provide additional services during the rehabilitatiun of the City's \vel!
fields. These additional services are needed to pI'l.)('et'd \1.'ith the \vork due
to the additi~t!I(t1 rel1abjlit;~titll'l efforts requested by the City and are based
Oil the 90 day extension of tIllIe requested by (he l.:ontractoL
III. Assumptions
1. City will receive the applOIJriate easements from the property owners to
(.'orl1plete the two production lone monitor \....'ells.
2. City will apply and pay for any permits lleCI;'S,,;HY to complete the proposed
motor control centt:f modification and separate service line to the City
Attorney's office.
3. City will approve the cha1lge order request for Meriditl1 Corporation to
extend tbe contract Ii me all additional 90 dllY<;
IV. Budget Estimate of Services
Compensation for professional cOll5ulting services as specified in Task 3, Service
Authoril.i:l.liun No.8 shall be moditied as follows:
Task 3--Preparation of C(lntr~=td Docunwnts and Servi<;'cs During Bidding: Add $5,669.
C()mpensation for professional cOllsl1lting services as specified in Task 4, Service
Authorization No.8 shal1 be modified as follows:
Task 4-Services During Construction: Add $8,472,
V. Completion Date
r\dd 12 weeks to the ~,;.hedule srlf;,cifled in Servke Authorizatio/l 8 for items 1lot yet
completed.
APPROVED BY THE CITY CONSULTANf
OF DELRA Y BEACH CH2I\1 HILL SOUTHEAST, INC,
.~"_ day of _______.._, 19.___ By: ____. .. ..___. .- .--.-." ....-. _... ,--
John Curtiss, P.E,
Vice President and
Office Manager
IOOllb33,DFB 3
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;.
CITY OF DELRA Y BEACH, BEFORE ME, the foregoing instrument,
a municipal corporation of the Stelle ()[ tilis _" day of _' , ] 9 _., was
Florida acknowledged by John F. Curtiss, Vice
Pre.sident and Gffwe Manager, a duly
By: ________ '__"__".__'__"'T""_ ~._..._n_..._.." ..................___ authorized officel of CH2M HILL
Thomas E. Lynch, r..I;Jyor SOUTHEAST~ INC., on behalf of the
Corporatioll and said person executcd flit'
same freely and voluntarily for the
ArrEST: purpose therein expressed.
By: ......._.__ -"'0.. ._. ........._...._~..________._... A'ITEST:
City Clerk --.-.- ~._._."_,__'.__._._..o,,h.._._ _.___..._""...~...-.
APPROVED AS TO FORM: \V ITN FS S I'n y hand and ~e.a1 in the
County and Slate aforesaid this __, day of
By: ___.____________._._~___.._ ____________._._____._. "-'---'-'- 19 ~
City Attorney
Notary Public
State of Florida
My Commission Expires;
(Seal)
lilOIID33.DF8 4
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CH2M HILL PROJECT COST ESTIMATE
CLIEfIIT: CITY OF OELFlAY 6t;ACH
I'RO,JECT "~AME: WELLFIE:D nFDEVt;;LO?MEN rAND REHABILIT A flOI\l MID Mot'lIl '.)R WEl.L INSTAlLA liON
AMENDMENT NO 2 TO SEnV~CE AUT~OAIZAiION s
t '.0,"C1 ",,,,g,", .""',,..,. I
~.._._~~~~~~-~...~ .=~'_-~_-:-~~=u.,.. __~.._. ...... f.A60RCOST 6Ei^Il.~~'-'-" ---- .... . ". .-"...---. ..---- .n._ .-- - --...._._~.._, -..-
_. ..- "TASK--;----'-" --~---..-- ....._r__...... ....... -----~--'- .--
r ASK 'I
RAW CQNTRAOr Sf:.RVICES
HOURL Y D()(;UMENTS AND OURHHl TOiAL DlnW r MULTI
CJ. n;'Gony (NAME) nAT1: BIOOH~O GVN<31fiUCI I'mUflS t.fllilU!1 LMK)R
----------------.--- ---'--'.--'-------.--- .'.------'----1
~ ~~~g:g:~i~~~~~~;jv~;'u~~ -1~r:.--~---',.T- j~]j
4 PROJECT MorWif, PROJECT PROfESSIONAL $2810. 12 37 49 $1.377 $4.13\ I
3 ,!;R. PFlO.Jl;cT PR()FI".S~IONAL $2500 u ~o $0 I
2 PROJECl PROFESSIONAl.. 11 $21.56 35 35 $754 $2,~83
1 PROJECT PROFESSIONAL I $18.75 0 $0 $0
5 LEAO TECHNICIAN/SUPERVISOH II $22.g0 l) SO $0
4 seNIOR TECHNICIAN $18,05 33 g3 $e~5 $1,876
:1 CERTIf'IEO TECHNICIAN $1;.~ 22 22 5382 $1,145
:2 TECHNICIAN $14 !'it.; 0 SO so
1 JUNIOR TECHNICIAN $12.76 32 32 $408 $1,224
o TeCHNICAL AlOe: $11,20 0 $(I $0
O~FI~~~':i~!:'ORr $11.50 7 21 28 $:)22 $OM
--..----.........---..---..-.--...-. .----- -"'-' ...---- .--..-....------n-..-..-.~--- --128' . -.... 205'" ....-----.. .--.... '-.~-
--_...-.---_..-..".._-_.._~--_._-_...._,----..- .-.._---. - -. ~_..----_..~ $1;.~!_____$~.64.1 ___._____ $4,~8_4 .-!!~.'1.~_~w
-- ...-....-- .---...- "-6i'fiF.crco-ST Oe.TAi~'--' --.----.....--..-...----.... -..----- .... ---.........-1
AClUAL MUL TI
ITEM DES(;RIPTION TASK 1 TASK4 Dlm;CT OIR~CT I
COM'PUTERiAUTOCAi55'--=="""'~""'--===~-='===""-~~'O="-==~""'"===o,..=-$BOo-----o"="~=="'$30.o-~=..o=~;:::o'~$1~1oo'=.:'''':"-$1.'1 0(;1
PRIN~"NGl, QEPROGf'l/WHIOS, AND OrlAPHICS $100 $160 $260 $<'SO
WORD I'AOCESSINU $60 $100 $1 $I.) $150
SURVEYING $0 $0
SOILS $0 $0
AIR FARE $0 $0
....UTO MIL~at ,$0 $0
TEI.EPHONt $50 $15 $125 $126
POST AGEJFREIQ HT $50 $75 $125 $125
eUl"PI./f:3 -...-.. .. ... ... ___.___ _._.______._..__~_.._...__... .~1..6~..____ $200 $200
--'''-''--'.. .---.-.......----.-...- ---...-.....--...... . --..---- ..---."..-- .---.....-...
$1,\00 $8E.Q $1.950 $1.'150
'._~'''''---'''''_~-'''''.'''''-''~._'_..,.---..-.-_..---........-,........~,....._-,...... -. ...,......., ., ..,...-,.---.--.-..----...............~_.._ '-._.~_...,....,' '..n...___.__.__....__ . _"......,_._...'_..............~."...-- ~.. .".._._._._..,...........
.. . . ..." . .
,.orAL. LA80R AND OIRECT seRvlcl2S $?,G23 $33g1 ~,OI4 $1<1,141
._-~-----_-............------,..-_..._-_._~._.,".._..-- . ..---.__..".....___-.u..__.___...._....___._ ..__._---.....,.......__...___.,~....__.._."._._____......,____.____....._~........._.~..........__.___...___-...____.._____.._....
"
City of Delray Beach
Departmental Budget Transfer
(1) Departmental Une Transfer (2) Date March 11, 1993
(3) Interfundllnterdepartmental Transfer (4) Batch Number 31/ESD
(5) Requested By: George Abou-Jaoude, Deputy Director of Public Utilities
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-99.01 Project Reserve $ 12,554
442-5178-536-61.82 Well rehab-repl & upgrade $ 12,554
\
(10) TOTAL $ 12,554 $ 12,554
JUSTIFICATION: Transfer necessary to cover cost of consulting services by CH2M Hill
pertaining to relocating Well No. 7 from the Tennis Center and redesign -
new well at the North Tank. Total cost will be $14,141.00. Project No. 90-56.
Asking for Citv Commission approval on March 23, 1993.
A
//P/~ JJ:?/4?3
DepartmentHea~~ Asst City Manager
f
Budget Officer City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
.,
I
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~1
SUBJECT: AGENDA ITEM # ~~- MEETING OF MARCH 23, 1993
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
DATE: MARCH 18, 1993
Ms. Lillie Harris, the resident member on the Delray Beach
Housing Authority, has resigned her position since she and her
family have become first-time homeowners. This action creates a
vacancy to fill the unexpired term ending July 14, 1994.
Per Statute, no commissioner of an authority may be an officer or
employee of the city for which the authority is created. Each
housing authority shall have at least one commissioner who shall
be a resident who is current in rent in a housing project or a
person of low or very low income who resides within the housing
authority's jurisdiction and is receiving rent subsidy through a
program administered by the authority or public housing agency
that has jurisdiction for the locality served by the housing
authority.
The following individual has submitted her application for
consideration:
Gail Dillard
In accordance with Florida Statutes, members are appointed by the
Mayor and ratified by the Commission. However, at the City
Commission meeting of June 5, 1991, a consensus was reached
wherein each Commissioner would, on an informal basis and
according to the rotation schedule, make a recommendation to the
Mayor as to Housing Authority appointees. For this appointment,
the recommendation is to be made by Commissioner Ellingsworth
(Seat #3), with formal appointment by Mayor Lynch.
Recommend appointment of a resident member to the Delray Beach
Housing Authority to fill an unexpired term ending July 14, 1994.
" ~.,
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DELRA Y BEACH HOUSING AUTHORITY
770 S.W. 12th TERRACE · DELRAY BEACH, FLORIDA 33444 · (407) 272-6766 - FAX '4(7) 27~.73f2
9-
I t::CS/\; ;Or
I. ...
Ff8 2 4 1 ~
CITy MA 99)
Mr. David Harden NAGFR'S
City Manager OF(/, ~E
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Fl. 33444
I
February 22, 1993
Dear Mr. Harden,
Our resident commissioner, Mrs. Lillie Harris, has moved on to greener
pastures. She and her family are now first time homeowners. We are
proud of their move and wish them well.
However, her moving leaves a vacancy on the Board of Commissioners.
We have been diligently searching for a replacement from one of
our programs. We are happy to recommend Mrs. Gail Dillard. (~)e c t ion
8 program). Here is her resume' and application.
2:~tL ~
j <-
'Deborah te low
Executive Director
enc.
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eIn OF DELRAY BEACH
BOARD MEMBER APPLICATION
d. __/)7 J-LrIi!-j)
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE {itJI/ J7f -~ ~/6 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING /~Aftc..,. /leu.. f7jr -I-,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
.if#;
EDUCATIONAL QUALIFICATIONS );...Ed,)E, -rEf /hr./k'jlQ )~.P/~lZ
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST REC~ EMPLOYER, AND POSITION t- .
} t ,!f4,d-- 130,,1124) (~.2Z-#ltlf 7E/lI'IfBS ~l5Z5//l;q-
DESCRIBE EXPERIENCES, SKILLS OR KNOWLED E WHICH QUALIFY YOU TO SERVE ON THIS
BOft g E:1"A..-b /J ;Jtida2 /-!oI/1?A1- ;;ECE?.J'fq~
0//l'/L ~ /
t: //U/JUL.j) J;22JL6 'lD -OlE ,,6Drl4) HAft- 1-/('1;(..0 fj)E/ls,
. ./
?~OhM5 Av..o 1)65.MJf i?E;2;W/$IJf/;S;
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
.
A 1 . 1-/ 2--2-- /Y }
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~NA I r DATE
4/90
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GAIL DILLARD
2108 Cath~rine Drive, Apt. .3,
Deln.y Beach, FL 3344:l
(407) 27(~-5510
CAREER Position as a head teacher 111 a preschool davcare center,
, .
()BJECTIVE' utilizing many years of experience 111 the child ca.re and
edu.cation fields.
BACKGROUND EnJoys working with children anrj is genuinely concerned
SUMMARY: :3.t)Out, and strives to help, each child reach his/her greatest
potential.
"
Has many years' experience in classroom and daycare
se ttings.
Accomplished planner and organizer. . . makes optimum
use of time and resources. ,
~
Works well with others, has the ability to see V\1hat needs to
be done, and carries out activities on O'^'11 initiative.
Has remained informed of current theories and practices in
the child care /educational field by attending training
courses and in-service workshops.
EDUCATION/ Carver High School, Delray Beach, Florida; High School
TRAINING: diploma, 1969
South Technical Education Center courses:
Child Care Services, phases I and II, June, 1977
. Child Care Training (20 hours), April 1987
Early Childhood Training ( 6 hours), January, 1988
.... .
)oL._,,,,,"
~,...... Child Care Resource and Referral, Florida Atlantic
'\~...~.~
University, Early Childhood Conference Sharing the Caring,
(6 hours), January, 1988
Plumosa and S, D. Spady Elementary Schools, De1ray Beach,
180 inservice training points earned V\1hile working in the
Palm Beach County School system
'.' ,," \
, .
EMP LOYMENT:
1978 - Current Palm Beach County PuNk School System, Palm ]:,each
County, Florida
(1989- current) Teacher Assistant in the preprimary class
(children ages .3-6), "Montessori in tile Public Sc11001s
Magnet Program", an(j Head Teacher m tile After School
Care Program at Spady Elementary School, De1ray Beach
( 1976- 1988) Kindergarden Teacher assistant at
P1umosa Elementary School, De1ray Beach
19~6-1988 Bar and Fergs Academy-" ~lray Beach, Florida "
Part-time reacher, working ~th 3 to 5 year olds
1977-1978 Wee Folks Place, ~lray Beach, Florida
Manager and Kindergarden Teacher, working ~th
children ages 1 to 5 years I
.
1970-1977 Ken1and College for Tots. Delray Beach, Florida
Kindergarden Aide and Teacher, working ~th childret} -
ages 2 to 5 years
REFERENCES: Excellent character and employment references furnished
upon request.
r4
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REFERENCES FOR GAIL DILLARD:
Ida Eli2a~th Wesley
309 Lincoln Lane
Delray Beach, Florida
(407) 278-1013
Ernestine Wheeler
5426 Benjamine Avenue
Boynton Bea.<:h, Florida
(407) 734-1801
"
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Rev. L.C. Johnson
Greater Mt. Olive Missionary Baptist Church
40 N.W. 4th Avenue
Delray Beach, Florida ,
(407) 276-5196
.
Donna Geisert
860 S.W. 16th Street
Bo<:a Raton, Florida
(407) 391-6016
~...
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [/,Ll
SUBJECT: AGENDA ITEM # qfl - MEETING OF MARCH 23, 1993
APPOINTMENT OF REGULAR MEMBER TO THE CIVIL SERVICE
BOARD
DATE: MARCH 17, 1993
June Henley's term on the Civil Service Board expires on April 1,
1993. Ms. Henley has served two (2 ) consecutive terms and is not
eligible for reappointment. The position is for a regular member
to serve a two year term ending April 1, 1995.
Pursuant to the Civil Service Act, there are to be five (5 )
regular members on the Board, three of which are to be of
different vocations or vocational backgrounds, not employed by
the City in any capacity, official or otherwise, and appointed by
the City Commission. The appointee need not be a resident,
prope,rty owner or business owner wi thin the city.
Robert Ferrell, currently serving as an alternate member, is
interested in appointment to the board as a regular member. His
application and resume are attached.
The following individuals have also submitted applications for
consideration. They have all been contacted to verify their
continued interest.
Donald Allgrove Sally Antonelli
David Cohen Marta Dorfman
Herbert Freese Melvin Hirth
Murray Kalish Lorraine Kasper
Leo Koppman Rosalind Murray
Murray Sohmer Ben Stackhouse
Horace Waldman Donald Zimmerman
Per Commission direction, a check has been conducted for possible
code violations or municipal liens. None of the applicants has
any outstanding code violations or liens.
Based upon the rotation system, the appointment will be made by
Commissioner Randolph ( Sea t # 4) .
Recommend appointment of a regular member to the Civil Service
Board to a term ending April 1, 1995.
o.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGER)' '"t- I
L ,
SUBJECT: AGENDA ITEM i q~ - MEETING OF MARCH 23. 1993
RESOLUTION NO. 29-93/APPOINTMENT TO AFFORDABLE HOUSING
ADVISORY COMMITTEE
DATE: March 19, 1993
This item is before you to appoint a member to the category "a citizen
who is a representative of those areas of labor engaged in home
building" . State law requires the appointment be done by resolution.
When the Commission made the initial appointments to the Affordable
Housing Committee at their March 10th regular meeting, there were no
applicants for this position. Subsequently, staff received an
application from a qualified applicant and recommends that Byron C.
Smith be appointed to this position.
Recommend appointment of Byron C. Smith to the Affordable Housing
Advisory Committee via Resolution No. 29-93.
,
--.---- ---.-----.----
-----
RESOLUTION NO. 29-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
17-93, TO PROVIDE FOR THE APPOINTMENT OF A CITIZEN
WHO IS A REPRESENTATIVE OF THOSE AREAS OF LABOR
ENGAGED IN HOME BUILDING, TO THE AFFORDABLE HOUSING
ADVISORY COMMITTEE, PURSUANT TO STATE LAW;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, at the regular meeting of March 10, 1993, the
City Commission of the City of Delray Beach, Florida, adopted
Resolution No. 17-93, which appointed members to the Affordable
Housing Advisory Committee, pursuant to State Law; and,
WHEREAS, at that time there were no qualified applicants
for the required position of a citizen who is a representative of
those areas of labor engaged in home building; and,
WHEREAS, an application from a qualified individual has
since been received to fill the vacant position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following member of the Affordable
Housing Advisory Committee is hereby appointed by the City
Commission of the City of Delray Beach, Florida:
(3) Byron C. Smith, a citizen who is a representative of
those areas of labor engaged in home building, for a
term of two years.
Section 2. That the term shall commence on April 1, 1993.
and shall end on March 31st of each year in accordance with the
length of term. Successors shall be appointed to two (2) year
terms. It is further provided that no member may serve more than
two successive terms on the committee.
Section 3. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 23rd day
of March, 1 993 .
MAY 0 R
ATTEST:
City Clerk
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
r,
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMEN7~
RE: COMPLETION OF APPOINTMENTS TO THE AFFORDABLE HOUSING
ADVISORY COMMITTEE
DATE: MARCH 17, 1993
ITEM BEFORE THE COMMISSION:
- -
Completion of appointments to the Affordable Housing Advisory
Committee, in accordance with the State Housing Initiative
Partnership (SHIP) ordinance, Resolution #: 17-93.
BACKGROUND:
The Commission made initial appointments at their March 10, 1993
meeting. At that time, there were no applicants for "a citizen
who is a representative of those areas of labor engaged in home
building". Since that time, staff has received one (1)
application from an applicant qualified to fill the vacant
position.
RECOMMENDATION:
Staff recommends appointment of Byron C. Smith to fill the vacant
position on the Affordable Housing Advisory Committee pursuant to
Resolutuion #: 17-93.
B:AFF.LB
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CIn OF DELRAY BEACH
BOARD KEMBER APPLICATION
f
NAME -BYQ C. ~IlW
339JJ:: CARIE ST. TJ:I ~AV REA~I Fr' 33LW4 'tiS
HOME ADDRESS (Street, City, Zip Code) LEGAL RESIDENCE)
~RAI 1-leN, JEu~~ ~~o-aJ FL 33483 Boxl1l56
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 272-8LQ3 BUSINESS PHONE 272-PJ.fE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Affordable Housing Advisorv Committee
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS ---B.S. INflI ~TRI AI ANn T F n-lN I ('AI F flIlC'AT T t"H
FA.~T r.A~ INA lNIVI=~TTYJ r,~arVIII!: J N.e. 19aJ
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
CARPENTRY UmRACTOR. l)=L..RAY HEArn
GIVE. YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION JPEST~t.fT
$MllH SOUlHER-4 INC. J l}:LRAY BEAm
DESCRIBE EXPERIENCES, SltlLLS OR. ltNOWLEDGE WICH QUALIFY YOU TO SERVE ON THIS
BOA.RD
~ VF=A~ ~~I!:Nn= TN 1:HE RfSTrEKTI ~ ~D LIGHT aMERCIAl.. F,.cILlTliS
PL ANNFR FOR MA 1M NAT1I''t.IAl WI-fOl F~AI FR R VF= A~ AFtER rill I !:t,;E.. 5'tE~
~II RI~INF~~ CWNFR IN A~ITFrn ~Al WMTWnRk'TNG IN T'tLR4.Y f3EAOf
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERLAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFE UPON MY PART OF ANY APPOINTMENT I HAY RECEIVE.
3-/7- 15
DATE
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I
i' I
FROM: CITY MANAGER ,- ./- '
SUBJECT: AGENDA ITEM i qs - MEETING OF MARCH 23. 1993
APPOINTMENTS TO THE NEIGHBORHOOD TASK TEAM
DATE: March 19, 1993
This item is before you to appoint four members to the Neighborhood
Task Team.
David Henninger, NTT Chairman, has requested the replacement of two
members who have missed consecutive meetings. Additionally, one
member has resigned due to health concerns and one member has opted to
participate in the Citizen Police Academy.
Staff recommends the following individuals be appointed to serve on
the Task Team: Paula Jackson, Marcia Neiman, Carolyn Holder and
Daniella Henry. A detailed staff report is attached as backup
material for this item.
Recommend the appointment of four members to the Neighborhood Task
Team.
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT L~
RE: CONSIDERATION OF APPOINTMENTS TO THE NEIGHBORHOOD TASK
TEAM
DATE: MARCH 17, 1993
ITEM BEFORE THE COMMISSION:
- -
Commission consideration of appointments to the Neighborhood Task
Team replacing persons who have either resigned or have not
attended required meetings.
BACKGROUND:
Neighborhood Task Team members are appointed by the City
Commission pursuant to Resolution #102-91 as amended. The
Chairman, David Henninger has stated that there are several
members who have missed consecutive meetings, one person who will
no longer be able to serve because of poor health, and one member
who has opted to participate in the citizen police academy. In
an effort to maintain a fair representation of various
neighborhoods throughout the City on the Task Team, the following
persons have indicated an interest and we are therefore
recommending City Commission appointments of these persons to the
Task Team:
(1) Paula Jackson (3) Carolyn Holder
717 Heron Drive 102 SW 9th Avenue
Tropic Palms Southwest Section
(2) Marcia N~man (4) Daniella Henry
2535 Rivi ra Drive 208 SE 2nd Street
Rainberry states Haitian Community Council
RECOMMENDATION:
Staff is recommending the appointment of all four (4) persons
listed above to the Neighborhood Task Team. A copy of the
current members and a summary attendance report is attached for
your reference.
B:NTT.LB
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IlEIGHBORBOOD TASK TEAM
ATTENDANCE SHEET
FEBRUARY 18, 1983
Jane Alexander-Speer
Dorian Beck Trauger
Jean Beer
Dr. J. Pierre-Paul Cadet
Marianne Cain
June Carr
Eather Mae Collins
Deborah Dowd
Richard Eckerle
Lillian Feldman
Ann Fulton
William Harris
David Henninger
Rosalind Murray
Joann Peart
Others Present:
Alice Finst
NTT
Attend93.LB
1
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NEIGHBORHOODS TASK TEAM - ATTENDANCE RECORD - 1/31/92 - 7/9/92
1/31 2/6 2/27 3/5 3/26 4/2 4/23 5/7 5/28 6/4 6/25 7/9
ALEX-SPEER X X X X X X X X A A A A
ALMY X A X X A X AE X X A X X
BECK-TRAUGER X X X X X AE X X X X X X
BEER X X X X AE X X X AE X X X
BROWN, C X A A A A A A A A A A A
CADET X X A A X X A A A A X X
CAIN X A X X A A A A A A A A
CARR X X X X X AE AE X X X X X
COLLI NS A X X X X X X X X AE X A
DEFOE A A X X X X X X X X AE X
DOWD X X X X X X X X X X A X
ECKERLE X A X X X X X X X X X X
FELDMAN X X X X X X X X X AE X X
FLORES - - - - - - X X A A A A
FRANCIS - - - - - - X X X X A X
FULTON, A X X X X X X X X X X X X
FULTON, D X X X X X X X X X A X X
GADSON X A X A AE AE X A A A A A
HARRIS X A X X A X X X A X X A
HENNINGER X X X X X X X X X X X X
JACKEL X X X X X A X X X X X X
KASPER X X X X X X X X X X X X
MCKINNEY X A X X X A AE A AE A X A
MURRAY X X A A AE X X X X X X A
PEART X X X X X X X X X X X X
WRIGHT - - - - - - - X A A X X
X - PRESENT AE - ABSENT W/EXCUSE NTT
A - ABSENT - - NOT A MEMBER 92ATTEN.LST
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Va n '5
OmrORTEmp
AIR CONDITIONING - HEATING 101 S. CONGRESS AVENUE. DELRAY BEACH, FL 33445
MEMORANDUM
DATE: February 22, 1993
TO: Lula Butler
FROM: David Henninger, Chairman
RE: Neighborhood Task Team
**Note - Regarding Final Report:
When was it issued to Commission
What is its status
Minutes Attendance
1- Alex Speer called prior to leaving May 28th, to advise she was
going to North Carolina.
2. C. Brown should be replaced.
3. Dr. Cadet was absent most of the time and offered no input when
he was present. We need a stronger representative from the
Hatian Community.
4. Marrian Cain said her husband was ill during our last go round
and promised to be active this time, I think she should be left
on.
5. Art Jackel said his current health status would not allow him
to be an active participant.
6. Lillian Feldman will be attending the Citizens Police Academy.
7. Lorraine Kasper now lives in Boca Raton.
8. Frank McKinney should be called to see if he wishes to continue
participation.
**Next meeting, March 25th.
**Next workshop, April 6th.
Parking on front lawns.
Minimum landscape.
David L. Henninger, Chairman
Delray: 278-5232 · Boynton: 734-7776 · West Palm: 655-6993 · Broward: 426-0008
Fax: 407-278-5499
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CITY OF DElRAY BEACB
BOARD MEMBER APPLICATION
.
NAME Carolyn Holder
102 SW 9th Avenue Delray Beach FL 33444
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
524 NW 2nd Street, Delray Beach, FL 33444
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 243-0894 BUSINESS PHONE 265-2646
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Neighborhood Task Team
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
none
EDUCATIONAL QUALIFICATIONS High school graduate, trade school
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
hair stylist
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Business owner of Romell's Hair Design
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
citizen of Delray Beach; native; has had previous experience working with
government while in Washington, DC; has established 2 businesses within the
last 8 years in Delray Beach
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~ /~ C3~3k
NATURE I /bATE
4/90
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CITY OF DELlAY BEACH
BOARD MEMBER APPLICATION
.
NAME Daniella Henry
15993 SW 8th Avenue, B202, Delray Beach FL 33444
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
208 SSE 2nd Street, Delray Beach FL 33444
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 272-4587 BUSINESS PHONE 272-2520
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Neighborhood Task Team
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTL Y SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS
College graduate with B.A. Degree
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES walCH YOU HOLD
Vocational education license
GIVE YOUR PRESENT, Oil MOST RECENT EMPLOYER, AND POSITION
Haitian Community Council, Director
DESCRIBE EXPERIENCES, SIILLS 01 KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOAm)
Familiar with Haitian community and problems they face with hOlls;n~ ~nrl ()thpr
matters. Can voice their concerns and recommendations.
PLEASE ATTACH A BRIEl USUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AIlE nUE, AND I AGIlEE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY IlECEIVE.
~()1.\\~~D, ~$ 3~~
SIGNATURE DA
4/90
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Memo CITY OF DELRAY BEAC~ ti
TO: Mayor and City DATE: 3/23/93
Commissioners
FROM: Anita Barba, Board Secretary
SUBJ: APPLICATION FOR THE NEIGHBORHOOD TASK TEAM
Ms. Neiman has decided not to be considered for
appointment to the NTT. Joan Peart suggested
that Karen Goranson be considered. Ms.
Goranson's application is attached.
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CITY OF DELaAT BEACH
BOARD MEMBER APPLICATION
-:;-i 331J'Itj
HO
PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code)
HOKE PHONE J.-/!) 7 - J 71e - t:;Cl~" BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Ntl.fMt?rI>Jod lOst hr( c
LIST ALL CITY BOARDS ON walCH YOU ARE CUlUlENTLT SERVING OR HAVE PREVIOUSLY
SERVED (Plea.. includ. dat..)
#4-
EDUCATIOIW. QUALIPICATIOIIS Ily;" /ilJHt [)j_ -1b-!:1Md . (Jr,,{,e /d Id fl7.)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES walCH YOU HOLD
GIVE YOUR PRESENT. OR MOST RECIHT EMPLOYER. AND POSITION IIr
, ,
2ci..m a h~frlRIYJab.r ((/}{,( AmuSLlJnJ/u-.
DESCRIBE EXPERIENC!S. SIILLS OR IHOWLEDGE walCH QUALIFY YOU TO SERVE ON THIS
BOA&D -- A Iu/)/U;'
.-!... {.( t,~ f) /) ife VInAS e.~OerleI7CL 1/7 {:I. 0/
df}1/.!(),/)(rnel7i. r d~ /;aV-l tl t!esli-e. .;h Strve YLt ('5M/)u<"Iu.'Y
?/ [}jmy l3w.uL Mti /(/i Yks A..' i'7-'/d. k (2 J nti jJl4ce -;f; slczr/
PLEASE ATTACH A BaIU RESUMI.
I HEREBY CERTIFY THAT ALL THI ABOV! STATEMENTS AU TRU!. AND I AGREE AND
UNDEllSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FOlU'EITUU UPON MY PAllT OF ANY APPOINTMENT I MAY RECEIV!.
,
'f~ In ~W/JJtJ)( / ~fi.q3-
SIGNA 4/90
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CITY RTTORNEY'S OFFICE TEL No, 407 278 4 755 ~"1ar- l'j,'j317:25 F 1'1-'
(I<
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[IT' DF DELIA' BEA[H ,',t.
.,.:.",:.~' ...'~. - . .....;': ' . ". ..;
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CITY ATTORNEY'S OFFICE 200 NW ht AVENUE' DELRAY BEACH, F1.0RIDA 33444
FACSIMILB 4071278.4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: Marctl 19, 1993
To: City Commission ~
From: Jeffrey S. Kurtz, City Attorney
Subject: Acquisition of Property for the Purpose of
Constructing a Booster Master Pump Station/Elks
Pro~rty Acquisition; Our File '01-92.016/07-93.001
we have a tentative agreement subject to Commission
ratification on the acquis1tion of property for our Booster
Master Pump Station from the Elks. The terms of the agreement
are as follows:
1. The City would purchase the property for $42,500.00.
2. The City will pay attorney's fees and costs in the amount
of$2-,500.00.
3. The City aqreus to allow the Elks members and their guests
to park on the City's Booster Master Pump Station site in
the manner set forth in the attached exhibit. This right
would be a~'ailable on those occasions when their remaining
paved parking lot overflowed. The plan provides the Elks
with 21 spaces. It is anticipated that the Elks will have
an overflow situation about once a week.
4. The City will maintain outside lighting on the building so
that the parking spaces on our property would be
adequately li.t.
5. The -City will not put any Shrubbery on the west side of
the property w~!ch exceeds three feet in height. The Elks
members ~~ere concerned about 5afety of persons going to
and from t:heir vehicles.
6. The parties will er.ter into a Stipulated Final Judgment to
the above effect and the property will be made available
to the Ci.ty at the time that the stipulation is entered
into.
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. CITY ATTORNEY'S OFFICE TEL ~~o. 407 278 4755 Mar- 19.93 17:26 F .03
I
Memo to City Commission
March 19, 1993
Page 2
This purchase price represents a $16,500.00 premium on the
$26,000 appraisal that the City had done on the property. The
appraisal that the City had done, however, did not take into
consideration any business damages that the Elks may have
incurred due to the loss of their parking spaces. In addition,
the cost figure is minimized because we have not gone to an
Order of Taking hearing or held any depositions nor has the
Elks property had an apprai6al done on the property.
Our office has handled the acquisition of these properties and
the total costs of acquisition for the Elks property and the
FEe property was $83,000 versus the $66,000 appraised value.
We are therefore recommending that the Commission accept this
~ettlement under the terms and conditions outlined above.
Settlement at this point 1n time will allow Harry pepper &
Assoc1ates to mobilize on the site prior to the Order of Taking
date which is currently set for April 7, 1993. Harry Pepper is
due to begin construction on April 12, 1993 and if they meet
the incentive provisions of the contract, should be. done with
the Master Booster Fump Station within 240 days and hopefully
final completion within 330 days.
Should Y~have any questions concerning this matter, please do
not hesita e to contact our office.
JSX: jw
cc: Dav1d Harden, City Manager
Bl11 Greenwood, Director of Environmental Services
.1kd.~8k
.,
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Mar 19,93 17:25 P,02
I ,v
I - - .' 01\
I arJ\
: [ITY OF DELIAY BEA[H
"
CITY ATTORNEY'S OFFICE 200 NW 1st AVEI"HH:; . DELRAY BEACH, FLORIDA 33444
FACSIMILE 4071278.4755 W 1t I D1 t Ll
r er s rec ne
(407) 243-7092
MEMORANDUM
Date: March 19, 1993
To: City Commission ~.--
From: Jeffrey S. Kurtz, City Attorney~
Subject: Acquisition of Property for the Purpose of
Constructing a Booster Master Pump Station/Elks
Prop~rty Acquisition; our File 101-92.016/07-93.001
We have a tentative agreement subject to Commission
ratification on the acquisition of property for our Booster
Master Pump Station from the Elks. The terms of the agreement
are as follows:
1. The City would purchase the property for $42,500.00.
2. The City will pay attorney's fees and costs in the amount
of$2-,500.00,
3. The City agrees to allow the Elks members and their guests
to park on the City's Booster Master Pump Station site in
the manner set forth in the attached exhibit. This right
would be available on those occasions when their remaining
paved parking lot overflowed. The plan provides the Elks
with 21 spaces. It is anticipated that the Elks will have
an overflow situation about once a week.
4. The City will maintain outside lighting on the building so
that the parking spaces on our property would be
adequately lit.
5. The -City will not put any shrubbery on the west side of
the property w~lch exceeds three feet in height. The Elks
members V.~ere concerned about safety of persons going to
and from t~helr vehicles.
6. The parties will e~ter into a Stipulated Final Judgment to
the above effect and the property will be made available
to the City at the time that the stipulation is entered
into.
gK
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 t1ar- 19,93, 17:2f:, P. Cl3
- - ~
Memo to city Commission
March 19, 1993
Page 2
This purchase price represents a $16,500.00 premium on the .
$26,000 appraisal that the City had done on the property. The
appraisal that the City had done, however, did not take into
consideration any business damages that the Elks may have
incurred due to the loss of their parking spaces. In addition,
the cost :figure is minimized because we have not gone to an
Order of Taking hearing or held any depositions nor has the
Elks property had an apprai6al done on the property.
Our office has handled the acquisition of these properties and
the total costs of acquisition for the Elks property and the
FEe property was $83,000 versus the $66,000 appraised value.
We are therefore recommending that the Commission accept this
~ettlement under the terms and conditions outlined above.
Settlement at this point in time will allow Harry Pepper &
Associates to mobilize on the site prior to the Order of Taking
date which is currently set for April 7, 1993. Harry Pepper is
d"'" .~ begin construction on April 12, 1993 and if they meet
~entive provisions of the contract, should be" done with
the Master Booster pump Station within 240 days and hopefully
final completion within 330 days.
Should Y~have any questions concerning this matter, please do
not heslta e to contact our office.
JSK: jw
ee: David Harden, City Manager
Bill Greenwood, Director of Environmental Services
.1k.2.,.k
.
CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Mar 19,93 17:36 P.Ol
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CITY.RTTORNEY'S OFFICE TEL No. 407 278 4755 t.1ar~ l'~l,'j3 17:51 F'. C13,
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tJi'1
[ITY DFDELRAY BEA[H
I'" ,'j:l
CITY ATTORNEY'S OFFICE 2011 NW Isl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/218-4755 Writer'8 Direct Line
(407) 243-7092
MEMORANDUM
Date: March 19, 1993
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: F1na1 Settlement - spady Proper
Our File #07-92.001
I a.ttended mediations on the three remaining pArcels of
property that have not been settled up unt.il this point in
tlme. Trial on the value of these properties is set for Judge
Burk's four week docket beginning Ma.rch 29, 1993. The City had
much ear11er on acquired the properties, knocked down the
bUildings and is in the midst of improving the property. We
have also closed on the transfer of the property to the School
Board. -! shall advise you ae to how the mediat10ns went with
respect t"'"o each of the individual property owners beginning
with the property on which we have reached a tentative
settlement.
Raleigh Harris Pro2erty
Mr. Harris owned what is referred to as Parcel F which
contained four rental units. The units were contained 1n two
duplexes. Our original appraisal on the property ind1cated it6
value to be about $70,000,00 but because of some upd.ate work
that had been done by our appraiser, it was anticipatect that
hie trial testimony would bring the value of the properties up
to around $80,000.00. The property owner's appraiser had
appraised the property at $108,000.00 and Mr. Harr1s was
prepared to testify that the value to him was the equivalent to
approximately $12CrOOO.OO because he managed the properties
personally and did not have the usual management fees that are
associated with rental properties.
At mediation we sattled on a figure ot $90,000.00 which our
office recommends that. the Commission accept. Fees for
Mr. Harris' attorney and appraisers have not yet been settled.
CfL
.
~ITY.BTTORNEY'S OFFICE TEL No. 407 278 4755 tvlar 19,93 17:52 F'.04
Memo to Cl ty Cornmis~ion
March 19, 1993
Page 2
McFarland Parcel
Mr. MCFarland owned parcel B which contained 19 residential
units. These un! ts were nonconforming within the R-IA zoning
category. The City had the property appraised at $325,000.00
and the property o\mer had the property originally appraised at
$475,000.00. At mediation it became clear tha.t the property
owner.s appraiser would be updating his appraisal to a higher
amount based on a final calculation of 1991 and 1992 rental
receipts. Both appraisers agreed that the most appropriate way
to value this property was on an income basis and that has to
do with three basic factors: The rental receipts the costs
versus the cost of operating times the capitalization rate.
Our appraisal had aS6umed rental receipts in the $75,000.00
area and net income in the $40,000.00 area. The MCFarland's
claimed actual receipts of over $90,000.00 and income of some
$55,000.00.
At mediation the City offered $400,000.00 as a compromise
figure and the property owners came down to $425,000.00. At
this point in time we remain at impasse at those two figures.
Our office has been in contact with the owners. attorney and
will bring you up to date on the continuing negotiations at the
March 231'-1993 meeting.
........
!~~Eg~Mens Progressive Club
The Young Mens Progressive Club owns three parcels referred to
as Parcels C, D and A. The parcels comprise a total of
approximately 39,000 square feet of land. parcel c which
fronts on Lake Ida had on it two duplexes containing a total of
tour units. These were nonconforming under the R-IA zoning
designation and had been boarded up for more than 180 days
prior to the City initiating its eminent domain action.
Therefore the nonconformity had been lost and the property
would have to be developed in accordance with the R-lA zoning
district which rendered the existing construction valueless.
Moreover, the Young Men6 Progressive Club had not produced any
evidence of income from the pr.operty over the last five years. -
The City's appraisal of the property was at $32,114.60. -The
Young Mens Progressive Club had the appraised the property at
$100,000.00. l~t mediation the Young Mens Progressive Club came
down to $90,000.(;;0. The City put forward a position of
$50,700.00. It is my understanding that the acquisition costs
of the property ior the Young Mens Progressive Club on the
three parcels, was $53,700.00. It would not be my
recommendation that the City exceed that amount in any further
offer to the Club.
~ITY.ATTORNEY'S OFFICE TEL t~o. 407 278 4755 Mar. 19~93 17:53 F' . CIS
I
Memo to City Commission
March 19, 1993
Page 3
It would therefore be appropriate for the Commission to
ratify the settlement with Mr. Harris on Parcel F for the
$90,000.00. Should the Cormniss1on desire to give further
direction with respect to the remaining parcels, that would be
appropriate since we are moving quickly towards trial.
JSK: jw
"Pfldy3.j"k
--........
,
~ITY~RTTORNEY'S OFFICE TEL No. 407 278 4755 t'1aT 19,93 17:53 F'. Of,
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--..
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - MARCH 23. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
M. SETTLEMENT OF PRESCOTT V. CITY OF DELRAY BEACH: Consider a
settlement offer in the Prescott v. City of Delray Beach. City
Attorney recommends settlement of attorney's fees in the amount
of $5,000 in exchange for the voluntary dismissal with prejudice
of this case.
~ c3Cd;;:L
t~<I- ~
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.,
. '. .
.. .
[ITY DF DELIRY HEREH
CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: March 23, 1993
To: City Commission fillY
From:
Jeffrey S. Kurtz, City Attorney
Subject: Prescott v. City of Delray Beach
Our File #05-92.027
Our office is recommending that the City Commission authorize
the settlement of the above matter. As the Commission is
aware, the City has passed a revised flag ordinance which our
office believes will pass Constitutional muster if challenged.
Mr. Silver, on behalf of his client, has filed Motions for
Summary Judgment and those matters are presenting pending
before the Court with reference to the old ordinance. At this
point in time, Mr. Silver has submitted billings to our office
showing ~t he has put in in excess of 50 hours of time at
$200 per hour. His bills are in excess of $10,000.00.
In an effort to compromise this matter, Mr. Silver is willing
to accept $5,000.00 as payment of the attorney's fees and it is
my understanding that his client is willing to dismiss the case
with prejudice. Such an action does not preclude Mr. Prescott
from challenging the recently revised ordinance, but if he
should be cited under the revised ordinance, our office will be
in a much better position to defend that lawsuit.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK: jw
prescotl.jsk
" '
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/ l' I
SUBJECT: AGENDA ITEM i lOA - MEETING OF MARCH 23. 1993
COMPREHENSIVE PLAN AMENDMENT 93-1
DATE: March 19, 1993
This item is before you to authorize staff to forward Amendment 93-1
to the State Department of Community Affairs. This item was discussed
at the February 23, 1993 regular meeting, at which time the Commission
authorized initiation of Amendment 93-1 to the City's Comprehensive
Plan. That approval was conditioned upon the deletion of the
proposed new policy in the Future Land Use Element, requiring a
marketing analysis for retail commercial uses greater than five acres.
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 will be processed so that final action will occur
concurrent with final consideration of the annual operating budget in
September.
At their March 15th meeting the Planning and Zoning Board held a
public hearing on Plan Amendment 93-l. A detailed staff report is
attached as backup material for this item. A copy of Plan Amendment
93-1 is being forwarded to you under separate cover.
Recommend authorization to forward Amendment 93-1 to the City's
Comprehensive Plan to the State Department of Community Affairs.
m a-t;n -& ~ wlo /) -7. /0
6-0
" '
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, ,_
CITY COMMISSION DOCUMENTATION
TO: ~~id T. Harden, City Manager
( ..~
' L ~. ". J!Q:,u).."'-....
VIA: Da d Kovacs, Director of Planning and Zoning
J' lJI
" /" t~
FROM: John Walker, Project coordinatOI.',~ ;;. C I
I
./
SUBJECT: MEETING OF MARCH 23, 1993
TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 93-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
transmitting proposed Comprehensive Plan Amendment 93-1 to
the Florida Department of Community Affairs.
BACKGROUND:
The Planning and Zoning Board formally considered this item at a
public hearing March 15, 1993. During the public hearing,
testimony was received only on one issue, that of beautification
improvements to George Bush Blvd. and Palm Tr. Six individuals
spoke on this subject, in addition to a representative of the
proposed Anchorage project. The concerns were directed to the
potential loss of parking and accessibility associated with
existing businesses.
The Board recommended that the Commission approve transmittal of
the proposed Plan Amendment, containing the material in the
staff report and its attachment, with the following changes, all
of which are detailed in Support Document #6:
* The addition of Policy E-l. 7 (Public Facilities Element) ,
calling for the Basin 28 drainage outfall to be constructed
in conjunction with beautification improvements to George
Bush Blvd.
* The addition of the Basin 28 outfall to the Five Year
Schedule of Capital Improvements, under Storm Water Utility
Fee Fund, for FY 93/94 in the amount of $180,400.
* A reduction of $180,400 in the amount allocated to the
Northwest Area Drainage Project for FY 93/94.
,
City Commission Documentation
Transmittal of Comprehensive Plan Amendment 93-1
Page 2
* Addition of beautification improvements to George Bush
Blvd. and Palm Tr. to the Five Year Schedule of Capital
Improvements, under Private Funding, in the total amount of
$800,000, beginning in FY 93/94.
The Board's motion included a caveat that the beautification for
George Bush Blvd was being included, at this time, in order to
allow further work on it's planning; and, that if improvements
for Drainage Basin 28 are given a low priority when the Master
Drainage Plan is reviewed, Policy E-1.7 and the outfall project
for Basin 28 would be deleted from the Five Year Schedule at the
time of adoption.
The relevant changes to the proposed Plan Amendment 93-1 have
been made and are included in the attachment to this staff
report.
RECOMMENDED ACTION:
By motion, direct the Administration to transmit proposed
Comprehensive Plan Amendment 93-1 to the Florida Department of
Community Affairs for the required State review.
Attachments:
* P&Z staff report of March 15, 1993
* Proposed Comprehensive Plan Amendment 93-1
T:\ADVANCEO\COMPCC1.OOC
PLANNING AND ZONING BOARD DOCUMENTATION
MEETING OF. March 15, 1993
AGENDA ITEM. RECOMMENDATION TO THB CITY COMMISSION REGARDING
TRANSMI'1"1'AL or PLAN AMENDMENT 93-1 - -
ITBM BE FORB THB BOARD.
..- - - _.. --. ....,,- .,"--._ ~,;.t.. ~_. _
The item before the Board is that of recommending to the City
Commission those items that should be transmitted to the
Florida Department of Community Affairs as part of
Comprehensive Plan Amendment 93-1.. __ . _ _ _ _ __
BACICGROUND.
City Commission initiated Comprehensive Plan Amendment 93-1 on
February 23, 1993. In the initiation motion,- all of the Planning
and Zoning Board's recommendations of February 8, 1993 were
approved, with the following exception:
* Commission declined to initiate a new policy in the Future Land
~ Use Element, requiring a marketing analysis for retail
commercial uses greater than five acres, prior to approval of
Future Land Use Map changes.
Commission also included in their initiation motion an expansion of
the N.E. 4th St. road construction project, to include the segment
from N. E. 2nd Ave. (P ineapple Grove Way) to Federal Highway. The
need for this additional road segment does not require a Plan
Amendment since the segment is already included in the Comprehensive
Plan as a four-lane collector. A new policy requiring assessment of
the need for specific improvements has been included in the proposed
Plan Amendment.
CHAHGIS TO TIll IKITIATBD DOCUMBR'l'1 _ _ _ _
-- --..._--
Deletions frOll the Initiation Document: The - following ite.. vere
deleted during consideration of the Plan Amendment.
* High Accident Location Analysis was not completed in ti.e for
inclusion in the Amendment.
* Update of Part IV "adoption" by referencing Plan Amendments
will be included as part of the adoption procedure.
r * Policy 8-3.3a (Future Land Use Element) needed no revision,
~: included originally in error.
TIER
'! '
P&Z Boa:Ct' "en La. L .l.VII
RecoltUt\enda.. ,d\ to the City Commission Regarding Transmittal of
Plan Amendment 9)-1
Pa9'e 2
. Golf Course Surcharge (Capital Improvement Element) needed no
revision, included originally in error.
. Improvements to George Bush Boulevard, including the
beautification project and storm sewer outfall, are not
recommended for inclusion in the Five Year Schedule, although
the project is added to the scenic streets program in Policy
8-3.2 (Traffic Element). The privately funded beautification
improvement of Palm Trail is recommended for inclusion in both
the scenic streets program and Five Year Schedule. Please see
Support Document 16 for a discussion of the rationale for this
recommendation. Note that in the Five Year Schedule, the
$50,00 in FY 93/94 represents the developer's non-reimbursable
cost. Subsequent year costs represent reimbursements from tax
increments. Funding levels will be refined based upon final
construction documents.
. Golf Course Clubhouse Replacement.
* Capital Projects
The following projects, which were listed in the "initiated
amendment", have not been recommended for inclusion in the
proposed Plan Amendment:
Project COlt ~ (
Hurricane Shutters for City Hall $200,000 FY 93/94 .
Hurricane Shutters for P.D. 30,650 FY 93/94
Sandoway life guard facility 220,000 Py 93/94
Seawall Repair prograa 440,400 _ Py 93/94 +
Boy Scout Hut ballfields 425,000 Py 94/95
Heavy Utility Vehicle (F.Q.) 125,000 PY 94/95
AS 400 computer (P.D.) 175,100 Py 93/94
800 Mhz communicationl syste. 25,000 FY 93/94
800 Mhz communications syate. 1,675,000 FY 97/98
Atlantic Dunes boardwalk 100,000 PY.95/96
ruel Tank replacement (Garage) . .13.7,_50.0 __. __.n. 96/'7
COllUllunity Center addition _. 150,000 Py 94/'5 .---. ---__._n
Paramedic unit (Highland Beach) . 90,000 .--- - -Py 93/'4
Pumper/ladder company (Highland) 465,000 FY 93/94
Records Imaging Retrieval (P.O.) 185,000 FY 93/94
Auto Fingerprint 1.0. Systea (P.O.) 186,500 FY 93/94
Expansions on the Initiation Document I The following ite.. were
added to or expanded during consideration of the Plan Amendment to
fully treat issues approved in' the Initiation Document.
P&Z Board Documentation
Recommendation to the City Commission Regarding Transmittal of
Plan Amendment 93-1
Page 2.1
CONSERVATION ELEMENT
* Policy 8-3.3 clarifies Intracoastal Waterway seawall repair and
shoreline protection.
PUBLIC FACILITIES ELEMENT
* Policy B-4,3 (Comment was expanded) -. -
* Objective 0-2 was converted to maintenance objective.
* Policy 0-2.2 was converted to maintenance policy.
* Objective 0-4 establishes need to program upgrading and major
maintenance for existing facilities (i.e. roof replacement).
* Policy 0-4.1 establishes program for major repair to existing
facilities.
- - -.-.- . -- ..
. Policy 0-4.2 establishes program for replacement/upgrade of
existing facilities.
. Policy 0-4.3 establishes prograM for facilities to comply with
f- Federal guidelines on accessibility.
TRAFFIC BLEMENT
. Policy B-3.2 adds George Bush Boulevard and Pal. Trail to
scenic streets program.
. Policy 1.-7.10 (attached) requires the Traffic Engineer to
assess the need for street improvements to N .1. 4th st. frolll
N.I. 2nd Ave. (Pineapple Grove Way) to Federal Hwy. immediately
upon completion of programmed iaprovement. frOll Congress Ave.
to N.I. 2nd Ave. If additional improvementa are required froa
N.I. 2nd Ave. to Federal ,Highway,.an aaendment to the rive Year
Capital Improvements Schedule will be required In a future Plan
Amendment.
OPEN SPACE AND RECREATION ILIMEM'l'
. Adds Pompey Park Pool Replacement to NEEDS section.
-
(
--
" '
P&Z Board Oocum, .catIon
Recommendation to the City Commission Regarding Transmittal of
Plan Amendment 93-1
Page 2.2
FUTURE LAND USI ELEMENT
* Policy 0-2.6 was addressed in the update ot schools issues for
School Site "S".
* Policy 0-3.4 was addressed in the update of schools issues for
School Site "S'..
* Table L-6 (Land Use/Zoning Matrix) was revised to reflect the ,
LI Zone District.
CAPITAL IMPROVEMENT BLEMENT
* Public Education and Health Systems revised as part of the
review of School Site "S".
* Utility Tax rate updated.
* Cemetery Enterprise Fund deleted.
* policy A-2.3a and A-2.3b added to establish funding source for
major repairs, upgrades and replacement of existing facilities.
* Policy A-2.4 revised to reflect budget set-asides tor facility
maintenance, repair, upgrade and replacement I and to reflect C
current set-asides for street resurfacing/repair.
IHTERGOVERNMBH'l'AL COORDINATION BLIMBH'l'
.
. Lease and easements for the Western Wellfield added to the list
of agreements with Pal. Beach County.
RlQUIRlMBlft'S rOR CAPITAL IMPROVEMENT IMPLBMIRTATIO.
. The expansion of the S... 10th St. improve.ent project was
added.
* Table IV-3, the Five Year Schedule of Capital Improvements has
been revised.
P&Z Board Documentation
Recommendation to the City Commission Regarding Transmittal ot
Plan Amendment 93-1
Page 3
RECOMMENDED ACTION.
By motion, recommend that the City Commission transmit to the
Florida Department ot Community Affairs, proposed Comprehensive Plan
Amendment 93-1, containing the material in the staff report and
attachment.
Attachment: Proposed Plan Amendment 93-1
Report prepared by: John Walker
Reviewed by David Kovacs on:
T I \advanced\COKPPZ2. DOC - . -
r
,
--,~ .--------..
C,
.
., '
Pollcy A-1.1 The City maintains a poli71 of
sup~ortlnq only two thru travel lane. on M~tt
_~~ t4 M4~~ tl.Mtl~t/~4t t~~dtt~~~~t~ ~l~~'
swlnton Avenue 1~~1'1~t4, between the North City
1Imlts and S.W. 10 Street (less the segment
between S.B. 1st Street and H.I. 1st street)~and
that the ultimate riqht-ot-way be consider to
~ t~ll!"~~. t~ sixty teet (60'). (Maintenance
Pollcyl
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 requires a
60' ultimate right-Of-way. This change was reflected on
the map dated revision number 5, December, 1991.
In addition, on July 21, 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 is 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.
3. Location: Pg.III-C-26, New Policy A-1.10
Change: ADDITIOI (
Policy 1.-7.10 The Traffic EnQineer shall asses.
the need for street improvement. to R.I. 4th 8t.
between 1f.1. 2nd Ave. (Pineapple Grove Va\,) and
Federal Hiqhway immediately upon cOllpletioft of
the proqrammed-improve.ents froa COnQreS8 Ave. to -
M.I. 2nd Ave.
Commentl Self-explanatory.
4. Location 1 Page III-C-27, policy 8-3.2 ~:~.._ - ~ --
PolicY 8-3.2 A formal scenic. J[ltree~. progr~ L
shall be established by June, 1992. Initial
improvement. shall be funded through a General
Obligation Bond and then on an annual basi. with
the first anDuo1. _ .t\.ln~u.n9- _Q<;c\lrriJlg in the n
95/96 Budget._ The prograa shall be developed
within theCo..unlt~ .IaproyeJllent Departaent. _._._ _. .. '_
The following shall be financed through the
General Obligation Bond prograa of 19891
a) Atlantic Avenue east of the Intracoastal
Waterway I
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COMPREHENSIVE PLAN AMENDMENT 93-1
SUPPORT DOCUMENT . 13
GOLF COURSE CLUBHOUSE REPLACEMENT
ITEM FOR CONSIDERATION.
The item for consideration is the programming of this
imp~ovement in the Five-year Schedule of Capital Improvements.
BACKGROUND , PROJECT DESCRIPTION.
Previously Identified Need: The need to repair or replace the'
existing clubhouse facility at the municipal golf course has
previously been identified in the Comprehensive Plan. This occurs
in Policy A-2. 5 of the Open space and Recreation Element on page
111-0-17. The need is based upon poor conditions such as the roof,
the need for a more efficient layout, compliance with ADA
regulations, and to meet a long standing desire to have a better
quality facility for its users.
While this need has been established, the work has not yet been
r programmed. This project would be funded through the Golf Course
. Fund which is an enterprise fund. There has been a change in it.
fee structure in order to accommodate, among other i teu, . long
term capital improvement program.
Private Initiative: Given the present -Pvoid - in the GOlf- CoUrse
capital improvement programming, a private fira has approached the
City with . "turn-key" proposal for replacement of the existing
facilities. Under terms ot the_,private proposa.L-~.J;he project.would _. _ __
be constructed on a lease/purchase arrangement with the City's
financing to come froa annual appropriations within the Golf Course
enterprise fund.
Pr01ect Description. The project would involve the replac...nt of
the existing clubhouse with a nw facility which would provide a
ground floor for golf course use and a lecond floor for restaurant,
meeting, and banquet usage. Both the first and .econd floor
arrangement. would accommodate an expansion of existing usea.
Related Improvements: Associated with the clubhouse project there
are needs to relocate and enlarge an existing lift station and -to -
relocate a raw water main. Additional expenses may be need8CI for
extension of an existing dead-end water JUlin in order to provide
adequate fire suppression capability, and for turn lanes to - be
constructed at Highland and Homewood Boulevard' a. The need for
(' . these latter facilities will be deterained during project review.
-,
,
IMPLEMENTING POLICIES WITHIN THE COMPREHENSIVE PLAN:
Establishment of Need: The Comprehensive Plan, in the Open Space
and Recreation Element, establishes that a need exists to repair or
replace the current clubhouse facility. No further action is
needed.
Fundlnq and Priority: In order to add a project to the Five-Year
Schedule of Improvements, it is necessary to consider Policy A-J.2
of the Capital Improvement Element. This policy and the
prioritization criteria it contains is found in Figure 1. There is
one of the criteria which specifically applies to the beautification
aspect of the proposal. It is criteria IIf", to wit:
f) When a project can be funded through an exclusive funding
source, it shall have a priority determined through that
funding source regardless of its relationship to projects which
are funded by other funding sources.
Given that the project is to be privately funded with repayment
through the golf course enterprise fund, it could be added to the
Five Year Schedule as a "privately funded project".
The cost for associated improvements to the water and sewer system
have not yet been determined, and as such it is not )cnown if they,..
require consideration within the Five Year Schedule of Capital
Improvements. Both the lift station replacement and the extension
of the water main are identified a. remedial needs; however, they -
have not yet been programmed. Acceleration of these project. should
be considered as a project cost and assessed to the private funding
and not to the utility enterprise fund.
The associated improvements to the street system, if indeed any are
required, are not otherwise programmed. Thus, they definitely would
be a project cost and funded privately, or be determined and
programmed in the Five-year Schedule under the General Construction
Fund.
-- - - --~ -.-.--. . -
AMENDMEH'1'S TO THI CONPRlHBRSIVI PLAN: _
If there i. no cost to the City other than a lease payment, the
project does not need to be listed in the Five Year Schedule of
Improvements. However, it there is to be participation from either
the water and sewer funds {main extension, lift station replacement)
or the General Construction Fund (street improvements), the project
needs to be fully described and costs allocated to appropriate
funds.
Based upon the assumption that there is NO cost to any fund other
than the operating component of the Gol f Course Fund ( for lease
payments), there is no amendment proposal.
Pig- 2
FIGURE 1
From the capital Improvement Element
Policy A-J.2 The criteria which shall be considered in the
amendment and modification of the 5-year schedule and the
preparation of a 5-year schedule for the second planning
period shall include the following (cl).
a) The highest priority shall be afforded to activities and
projects which eliminate a public hazard whether it be to
health or the reduction of damage potential. (cia)
b) The second highest priority shall be given to activities
and projects which eliminate less than desirable condit-
ions or provide services to unserved, inhabited areas.
(clb)
c) Consideration shall be given to impacts upon the availa-
bility of funds for the project and for other projects,
when appropriate for the purpose of providing financial
resources for other needs, an activity or project shall
be phased over a period of time. (clc)
d) When a project can be combined with another project in the
same geographic area, it shall receive a higher priority
e.g. combining needed street improvements with scheduled
water and sewer improvements may accelerate the street
/ - improvement project. (cld)
e) When a project will receive significant funding assistance
from a development project or through neighborhood
contributions through an assessment district or other
method, it shall be accelerated on the schedule. (cld , e)
f) When a project can be funded through an exclusive funding
source, it shall have a priority determined through that
funding source regardless of its relationship to project.
which are funded by other funding source. e.g. a part
constructed with dedicated part funding can have a higher
priority than a aandatory need when the financing for the
need isn't avallable. (clf)
g) A project'. priority shall increase if it can be tied to
the construction of a project undertaken by another unit
of government e.g. water main upgrading and hydrant place-
ments shall be coordinated with street i.provements which
are constructed by Palm Beach County. (clg)
h) A project's scheduling ahall be consistent with respect to
other projects which have been prioritized within other
elements of this Plan, except as they aay be modified
through the criteria contained within this Poliey A-3.2.
(
----
.
,
In order to use other funding sources, a plan Amendment is
necessary. To make such an amendment, a complete project
description, with costs, is necessary. Such information does not
exist at this writing; thus, it cannot be accommodated.
TI\Advanced\Golf93-1
I
P&g8 3
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/ f/,~ \
SUBJECT: AGENDA ITEM # JOB - MEETING OF MARCH 23. 1993
ORDINANCE NO. 24-93
DATE: March 19, 1993
This is the second reading of an ordinance rezoning and placing land
presently zoned GC (General Commercial) District in the AC (Automotive
Commercial) Districtj said land being located on the west side of S.E.
6th Avenue between S. E. 6th and 7th Streets (former Tire Kingdom
si te) .
In 1980, Tire Kingdom established a tire sales and installation use
under the former SC (Specialized Commercial) zone district. With the
adoption of the Land Development Regulations, the SC zone category was
eliminated and the AC zone created. AC zoning was applied to existing
full service auto dealerships and other permitted auto related uses.
The AC zoning was also applied to auto repair and specialty service
shops which had obtained conditional use approval subsequent to 1985
under SC zoning.
The subject property had not received conditional use approval and was
rezoned to GC. Auto repair and specialized service shops are not
permitted uses in the GC district. Consequently, Tire Kingdom became a
lawfully non-conforming use. In January 1993, Tire Kingdom relocated
its operation to Linton Boulevard. Subsequently, the property owner
entered into a lease agreement with Meineke Muffler. However, in order
to establish the muffler sales and installation use at this site,
rezoning and conditional use approval is required.
The Planning and Zoning Board at their March 15th meeting recommended
denial of the rezoning and conditional use applications. A detailed
staff report is attached as backup material for this item.
At the March 10th regular meeting, Ordinance No. 24-93 was passed on
first reading by a vote of 4-0.
Recommend denial of Ordinance No. 24-93 on second and final reading.
iaJd- 3 &;2-
Ll7lcuuJ ~ /?/11?fJfXP;f
~)
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER i I I
SUBJECT: AGENDA ITEM # 'O~- \ - MEETING OF MARCH 23. 1993
CONDITIONAL USE APPROVAL/MEINEKE MUFFLER
DATE: March 19, 1993
We have received a request for conditional use approval to establish ~
specialized automobile service shop (muffler- sales and installation)
at 630 S.E. 6th Avenue (former Tire Kingdom site).
The development proposal is to establish a specialized service shop,
Meineke Muffler, within two buildings. The main building consists of
three bays with overhead doors, an office area and a 1,000 square foot
use area (three car lifts), which is roofed but not enclosed. On the
northwest corner of the site is a 2,528 square foot building which
Tire Kingdom used for tire storage. The balance of the site is mostly
asphalt for vehicular use, with minimum landscaping.
The Planning and Zoning Board at their March 15th meeting recommended
denial of the rezoning and thus, the conditional use request is moot.
A detailed staff report is attached as backup material for this item.
Recommend denial of the conditional use request to establish a
specialized automobile service shop (muffler sales and installation)
at 630 S.E. 6th Avenue (former Tire Kingdom site).
il1 cxfI-
'. '
ORDINANCE NO. 24-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING
LOCATED ON THE WEST SIDE OF S,E. 6TH AVENUE, BETWEEN
S.E. 6TH STREET AND S.E. 7TH STREET, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the following described property in the Clty
of Delray Beach, Florida, is hereby rezoned and placed in the AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development Regulations of the City of Delray Beach, FlorJ.da, to-Wlt:
Lots 4, 5 and 6, less the South 10 feet of Lot 6, Block
11 , OSCEOLA PARK, according to the Plat thereof on file
in the office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, in Plat Book 3, Page 2,
LESS the East 5 feet thereof conveyed to the State of
Florida for right-of-way of State Road *5 in Official
Record Book 500, Page 148, Public Records of Palm Beach
County, Florida.
The subject property is located on the west side of S.E.
6th Avenue, between S.E. 6th Street and S.E. 7th Street,
and is also known as 630-640 S.E. 6th Avenue.
The above described parcel contains a 0.414 acre parcel
of land, more or less.
SectJ.on 2. That the Planning Director of the City of Deiray
Beach, Florida, shall, upon the effective date of this ordinance, change
the Zoning District Map of the City of Delray Beach, Florlda, to conform
with the provisions of Section 1 hereof.
Sectlon 3. That all ordinances or parts of ordinances WhlCh
are in conflict herewith be and the same are hereby repealed.
Section 4 That should any section or provisJ.on of thlS
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalJ.d, such
decision shall not affect the validi ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalld.
Section 5 That this ordinance shall become effectlve
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and flnal
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
..
\
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAV~Q T. HARDEN, CITY MANAGER
'~~
\ .
'r- ; ~,' ~\uQp~
THRU: b~ J. KOV CS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING~. ~
FROM: DIANE DOMINGUEZ, PLANNER I~,.&.. w~
SUBJECT: MEETING OF MARCH 23, 1993
REZONING FROM GC (GENERAL COMMERCIAL) TO AC
(AUTOMOTIVE COMMERCIAL) , AND CONCURRENT CONDITIONAL
USE REQUEST TO ALLOW A SPECIALIZED SERVICE SHOP AT THE
FORMER TIRE KINGDOM LOCATION, 630-640 S.E. 6TH AVENUE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on second reading of a rezoning from GC to AC for
the former Tire Kingdom location, and approval of a
concurrent Conditional Use request to re-establish a
specialized automotive service shop.
The project is a proposed Meineke Muffler shop. The
property is located at 630-640 S.E. 6th Avenue (Northbound
Federal Highway).
BACKGROUND:
This property is the former location of Tire Kingdom, which has
moved its operation to a new building on Linton Boulevard. Tire
Kingdom was established on the subject property in 1980 under
the former SC (Specialized Commercial) zoning. In 1990 the
property was rezoned to GC (General Commercial) as part of the
Citywide rezoning, and the use became non-conforming. A more
detailed zoning and use history of the property is included in
the attached Planning and Zoning Board staff report.
The owner of the subject property has negotiated a lease with
Meineke Muffler which provides a March 31, 1993 occupancy date.
When Meineke applied for an occupational license they were
informed that they could not move into the site because the use,
specialized service shop, is not permitted in the GC district.
While Tire Kingdom had operated on the premises as a lawful
non-conforming use, that non-conforming status prohibits the
change from one type of specialized service shop to another. In
order for Meineke to move to this location, a rezoning to AC and
conditional use approval are required.
Given the desired March 31st move-in date, staff expedited the
rezoning and conditional use process, and the first reading of
the rezoning ordinance was acted upon by the City Commission on
March 10, 1993.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed both the
rezoning and conditional use requests at its meeting of March
15, 1993. During the discussion regarding the proposed use, it.'
was noted that the applicant was intending to lease the storage
building on the north side to a separate tenant. Staff
recommended that an additional condition of approval be imposed
which would prohibit the use of the storage building by any
business other than the principal user of the property.
Seven (7) people spoke in opposition to the proposal, stating
concerns over noise, the property's appearance, and the general
impacts of the use on adjacent areas. In addition, a petition
was presented which had been signed by 28 residents of the
Churchill Condominiums, located on the east side of Federal
Highway from the property. The petition states that the
residents are opposed to changing the zoning to accommodate
Meineke or any comparable establishment.
The Board expressed concerns about the numerous site
deficiencies, and in general felt that the site was
"over-buil t. " They did not think that the site could
accommodate a specialized service shop in a manner that would
allow it to function properly, without negatively impacting
adjacent properties. The Board then voted 6-0 (FeIner absent)
to recommend denial of the request for rezoning from GC to AC,
and by separate motion, voted 6-0 to recommend denial of the
conditional use request for a specialized service shop.
RECOMMENDED ACTION:
By motion, deny Ordinance No. __-93 on second reading pursuant
to the recommendation of the Planning and Zoning Board. No
action is necessary on the conditional use request since it
becomes moot with denial of the rezoning.
Attachment:
* P&Z Staff Report & Documentation of March 15, 1993
DD\T:CCTIREK.DOC
1
PLANNING & ZONING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: March 15, 1993
AGENDA ITEM: III. C
fTEM: Rezoning from GC to AC and Concurrent Conditional Use Request to Allow
the Re-Establishment of Specialized Service Shop- Meineke Mufflers
at the Former Tire Kingdom Property
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GENERAL DATA:
Owner.. .......... .............Minnie Plascove
Applicant.....................Manuel Plascove
Location...........:..........West side of SE 6th Avenue
(Federal Highway - Northbound)
between SE 6th Street and SE 7th
Street.
Property Size.................O.414 acres
City Land Use Plan............General Commercial
City Zoning...................GC (General Commercial)
Proposed Zoning...............AC (Automotive Commercial)
Adjacent Zoning........North: GC
East: RM
South: GC
West: GC
Existing Land Use.............Vacant Specialized Service Shop
(Tire Shop).
Proposed Land Use.............Establish Specialized Service Shop
(Muffler Shop).
Water Service.................Existing on site.
Sewer Service.................Existing on site.
I T E M B E FOR E THE BOA R 0 .
.
The action before the Board is that of making a recommendation to
the City Commission on the following items:
Request to rezone Lots 4,5, and 6, Block 11 of the Osceola
Park Plat from GC (General Commercial) to AC (Automotive
Commercial), pursuant to LDR Section 2.4.5(D); and
Request for Conditional Use approval to establish a
specialized automobile service shop (muffler sales and
installation), pursuant to LDR Section 2.4.5(E).
The subject property is located at 630 S.E. 6th Avenue,'
(Northbound Federal Hwy).
B A C K G R 0 UNO .
.
In 1948, a 4-unit apartment building was constructed at the
northern portion of the subject property. In 1967, a single
story commercial structure was constructed on the southern half.
At an undetermined date, the apartments were converted to a
non-residential use (primarily storage).
In 1980, Tire Kingdom established a tire sales and installation
business on the site under the former SC (Specialized
Commercial) zoning. At that time the SC district included
automobile repair and specialized service shops as permitted
uses. In November of 1985, the SC district was amended to
provide restrictions on auto related uses. The effect of that
change was to restrict stand-alone auto repair facilities to the
City's industrial districts. Certain types of auto service
shops such as tire and muffler shops continued to be allowed in
the SC zone, but only as conditional uses.
The SC zoning classification was eliminated in October of 1990,
with the adoption of the new Land Development Regulations. Full
service auto dealerships, as well as stand-alone auto service
and repair facilities which had obtained conditional use
approval subsequent to 1985 under the SC zoning, were rezoned AC
(Automotive Commercial). The subject property and other
facilities which had not received conditional use approval were
rezoned to GC, General Commercial. Auto repair and specialized
service shops are not permitted uses in the GC district;
consequently, Tire Kingdom became a lawfully non-conforming use.
In January of this year, Tire Kingdom relocated its operation to
a new site at Linton Boulevard, just west of the F.E.C.
railroad. The owner of the Federal Highway property has
negotiated a lease for its occupancy by Meineke Mufflers. When
Meineke applied for an occupational license, they were informed
'. ,
P & Z Board Staff R~ ..:>rt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 2
that they could not occupy the premises because the use is not
permitted in the General Commercial zoning district. While Tire
Kingdom could continue to operate at this site indefinitely as a
lawfully non-conforming use, the change from one type of
specialized service shop to another is not permitted, without
first obtaining AC zoning and conditional use approval.
Therefore, in order to establish the muffler sales and
installation operation, rezoning and conditional use approval is
required. The owner has applied to rezone the property to AC
(Automotive Commercial), and has submitted a conditional use
application to be considered concurrently.
PRO J E C T DES C RIP T ION :
The development proposal is to establish a specialized service
shop (Meineke Muffler) within two buildings. The main building
(2,528 sq. ft. ) consists of three bays with overhead doors, an
office area, and a 1,000 sq. ft. use area (3 car lifts), which is
roofed but not enclosed. On the northwest corner of the site is
a 2,528 sq. ft. building (former apartments) which Tire Kingdom
had used for tire storage. The balance of the site is mostly
asphalt for vehicular use, with minimal landscaping.
No site improvements have been proposed to date. However, there
are numerous site deficiencies which have been identified during
the review of this request. Those deficiencies are discussed
further in this report under the section dealing with Compliance
with Land Development Regulations. Any required upgrades to the
site will be processed through an application for a
non-impacting site plan modification.
ZONING AND CONDITIONAL USE ANALYSIS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
IFuture Land Use Map: I The use or structures must be allowed in
the zoning district and the zoning
district must be consistent with the land use designation.
P & Z Board Staff R~ Jrt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 3
The subject property has a Land Use Plan designation of General
Commercial and is currently zoned GC (General Commercial). An
application for a rezoning from GC to AC (Automotive Commercial)
is being processed concurrent with a conditional use request.
The AC zone designation is deemed consistent with the General
Commercial land use plan designation (see page 4 of this report
under "Consistency" for comments pertaining to the "auto
policy").
Pursuant to Section 4.4.10 (D) (6) and (7), wi thin the AC zone
district, specialized service shops e.g. detailing, brake shops,
etc., are allowed as a Conditional Use. Pending final approval
of the rezoning to AC, a positive finding can be made with
respect to consistency with the Future Land Use Map.
I Concurrency: I Facilities which are provided by, or through,
the City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
This proposal involves a change from one type of specialty auto
service (tire sales and installation) to another (muffler sales
and installation). The change will not result in additional
impacts on level of service standards for existing facilities.
The following is a description of the facilities currently
serving the site.
Water and Sewer:
Water is provided to the site via a 2" main, and sewer is
provided to the site via a 10" main, both of which are located
in the alley to the rear of the property. The 2" main does not
meet the current standard (8" main). The City does not
presently have plans to upgrade the mains in this area. As this
is an existing condition, and no additional impacts on the
service are being proposed, the applicant shall not be required
to upgrade the main with this request.
Drainage:
The method in which drainage is accommodated is not indicated,
however, as additional pavement or building area is not being
proposed, there are no drainage upgrades required at this time.
Streets and Traffic:
Pursuant to Section 2.4.5(D) with all rezoning requests, traffic
information is required which addresses the development of the
property under reasonable intensity pursuant to the existing and
proposed zoning classifications. The requirement for a traffic
..
P & Z Board Staff R~ .:>rt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 4
study can be waived by the Planning Director if the existing and
proposed zoning districts allow uses which would generate
similar traffic volumes. In this case the zoning designations
as well as the previous and proposed uses are of a similar
intensity and there is no increase in building square footage
proposed. Thus no additional traffic volumes are anticipated,
and the need for a traffic study is waived.
Parks and Recreation Facilities:
Park dedication requirements do not apply for nonresidential
uses. Thus, the proposed development will not have an impact
with respect to this level of service standard.
Solid Waste:
Trash generated by the proposed specialized service shop is not
expected to increase over that produced by the previous
occupant, and will not be significant with respect to level of
service standards.
I Consistency: I Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning
Actions) along with required findings in Section 2.4.5(D)(5)
(Rezoning Findings) and Section 2.4.5(E)(5) (Conditional Use
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Land Use Element Policy A-2.4 - Auto related uses which involve
the servicing and repair of vehicles, other than as a part of a
full service dealership, shall be directed to
industrial/commerce areas.
Subsequent to the establishment of the above stated policy,
the AC zone district was created. Pursuant to the Purpose
and Intent statement of the AC district, [Section
4.4.10(A)], AC zoning "has been created to provide specific
regulations for this class of use and related uses when
those related uses are not located within Commerce or
Industrial Districts; and to further Objective A-2 of the
Land Use Element." Specialized service facilities are
permitted in the AC zoning district through the conditional
use process, which provides the opportunity to require
improvements and measures to reduce the potential negative
impacts. Thus, the proposal is consistent with the policy
and direction developed when the AC zoning district was
created.
P & Z Board Staff R~.~rt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 5
Additionally, the interpretation of this policy has been
that it does not exclude all "service" type uses from
areas that are not designated Industrial or Commerce. For
example, gasoline stations and oil change/lubrication
stations are accommodated under General Commercial zoning.
Thus, while one may argue that a stand-alone repair shop
would be in conflict with this policy, a specialized use
such as a muffler or tire shop would be considered on an
individual basis.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3,2 and other policies which
apply are as follows:
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is currently zoned GC (General
Commercial). To the north and south is property zoned GC,
to the west is AC zoning, and to the east is RM
(Medium Density Residential). The attached zoning map of
the subject property and surrounding area depicts the
boundaries of the various zoning districts.
The existing land use north of the site is a non-conforming
single family residence. On the 50' lot located
immediately to the south is a building which was formerly
occupied by a retail craft shop (date of last occupational
license: 1988) . South of that building is Dixie Motor
Sales, a used car business. Another use car operation is
located to the west across the alley. To the east, on the
other side of northbound Federal Highway, are condominium
buildings.
The rezoning to AC will be compatible with the auto sales
and commercial uses to the west and south. To the east, on
the other side of Federal Highway are condominium
buildings. The condominiums face the Intracoastal Waterway
with the parking situated along Federal Highway. The
highway, the parking areas, and existing landscaping act as
a buffer between the residential and commercial uses. The
change from GC to AC will not create an incompatibility
with the condominium development.
The AC zoning district prohibits repair facilities and
paint and body shops from being located within 100 feet of
residentially zoned property. While the main building on
the subject property is located 98.2' from the RM zoning
district to the east, the service facilities themselves
(bays and lifts) are located 115.6 feet from the district,
therefore, this standard can be considered as being met.
"
P & Z Board Staff R~~ort
Rezoning and Conditional Use Request for Meineke Mufflers
Page 6
An incompatibility presently exists between the subject
property and the single family home to the north. While
compatibility will be enhanced by the installation of
improvements associated with the conditional use request
(as discussed later in this report), of greater
significance is the fact that the single family home is a
non-conforming use which is surrounded on three sides by
commercial uses. While it is currently occupied, it is not
in an appropriate location for long-term use as a single
family home, and should not be a determining factor in the
evaluation of this rezoning request.
SECTION 2.4.5(0)(5) (REZONING FINDINGS):
Pursuant to Section 2.4.5(0)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought, These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
Item (c) above is the basis upon which the rezoning is being
justified. The proposed Automotive Commercial zoning
designation is deemed consistent with the General Commercial
land use plan designation. The site has been used for specialty
auto repair since 1980, and has established itself as a viable
location for this type of business. A general commercial use
such as retail or restaurant would probably be more difficult to
establish at this location, given the one-way street and the
adjacent auto related uses. The AC zoning is more appropriate
at this location than GC given the previous use of the site.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
,
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
P & Z Board Staff R~~vrt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 7
As previously stated, the subject property is bordered on the
north and south by the GC (General Commercial) zone district, on
the west by AC zoning, and on the east by the RM (Medium Density
Residential) zoning district. The existing land use north of
the site is a non-conforming single family residence. South and
west are commercial and auto related uses, and on the other side
of northbound Federal Highway are condominium buildings.
In terms of neighborhood stability, the subject property is not
located within a residential neighborhood. The condominiums to
the east are buffered by the highway, and will not be negatively
impacted by the use of muffler sales and installation. The
non-conforming single family home to the north is buffered to an
extent by a hedge and shrubs located between it and the subject
property.
In terms of the redevelopment of nearby properties, the
continued occupation and viability of the former Tire Kingdom
site will promote rather than hinder that redevelopment. If the
rezoning and conditional use are approved, making specialized
service a conforming use, it is appropriate to require certain
upgrades to the site. Those upgrades would enhance the site's
appearance and would be an improvement to the general area.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on the
development application/request.
The property was initially developed in 1948, with a second
building being constructed in 1967. Tire Kingdom occupied the
site between 1980 and January of 1993. Current codes include
numerous standards which were not required when this property
was developed and converted to various uses. Consequently,
numerous site deficiencies exist. The property had previously
been cited by the City's Landscape Inspector, in conjunction
with the City's efforts to bring non-conforming properties into
compliance with the landscape code by October 1993. The owner
has agreed to install additional perimeter landscaping along
Federal Highway. A plan depicting those landscape upgrades has
not been provided to date.
The conditional use process does not require that a site be
brought fully into compliance with current codes, however, it is
appropriate to require reasonable upgrades as conditions of
approval. Attempts to improve this site will necessarily be
limited by the existing configuration of the buildings. If
approved, staff will work with the applicant to devise a site
plan modification which provides as many of the required
improvements as possible.
,
P & Z Board Staff R, .:>rt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 8
The following is a list of existing deficiencies on the site,
and an assessment of their potential for correction.
1- Parking and Interior Circulation
Pursuant to Section 4.6.9(C) (5) (b), vehicle repair
facilities and specialized service shops are required to
provide 4.5 parking spaces per 1,000 sq. ft. of gross floor
area. The site contains 5,745 sq. ft. of gross floor area,
requiring 26 parking spaces. There appear to be 17 spaces
on site, however, most of that parking is non-conforming as
described below:
* There are 3 parking areas located on the site. In.
front of the storage building are 5 spaces, in front
of the main building there is a parking tier
containing 6 spaces (two of which are obstructed by
sign posts), and along the southern property line is a
paved area with wheel stops but no striping. The
spaces on the south side should be angled to provide
for one way travel from the entrance on Federal out to
the alley. While it is preferable not to have traffic
circulate off site, it appears to be the only way to
accommodate sufficient parking.
* The existing parking tier in front of the main
building separates the parking areas to the north and
south. This parking configuration does not allow for
movement between the two parking lots, and' requires
vehicles to exit onto Federal Highway to get to the
other lot. This is considered to be an undesirable
and potentially unsafe arrangement. At a minimum, a
one-way drive should be provided between the lots.
* The parking spaces are not striped per City standards
and a handicap space is not provided. Most of the
spaces are identified only with wheel stops, and
should be re-lined and striped in accordance with
applicable standards. State law does not require that
a handicap space be provided as a result of this
change in occupancy, however, it is appropriate to
include one on the site with this proposal.
* Pursuant to Section 4.6.9(D) (3) (b), the point of
access to a street or alley shall be 24' for a two-way
parking lot driveway aisle. The existing driveways
exceed the allowable 24' width. These can be reduced
by increasing the landscaped areas along Federal
Highway.
With respect to the adequacy of the number of spaces, it appears
that 13 standard and one ( 1) handicap space can be accommodated
on the site in accordance with City standards. This is little
more than half of the required spaces. Meineke should provide a
sound argument to the Board as to the adequacy of the parking
for their purposes.
P & Z Board Staff R~ ...)rt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 9
2. Interior Landscaping
* Pursuant to Section 4.6.16(H) (3) (k) whenever parking
tiers abut, they shall be separated by a minimum 5'
landscape strip. This would apply to the parking tier
located in front of the main building, which has no
landscaping between the spaces, nor have wheel stops
been provided. A landscaped area should be
accommodated in this location.
* Pursuant to Section 4.6.16(H)(3)(j) terminal landscape
islands are required at the end of each parking row,
none exist on site. Installation of additional.'
perimeter landscaping along Federal Highway as
described below would provide these islands at the
east end. Existing landscaping along the storage
building can be increased to provide another.
Landscaping should also be provided adjacent to the
dumpster enclosure off of the alley, which would
provide an island for the angled parking.
3. Perimeter Landscaping
* Pursuant to Section 4.6.16(H) (3) (d), a 5 ' landscape
strip shall be provided between the vehicular use area
and the abutting property. South of the building, the
parking area is paved to the property line. A low
decorative wall provides for some separation of the
properties. Provision of a 5' landscaped buffer in
this area would reduce the ability to provide
necessary parking spaces.
* Pursuant to Section 4.3.4(H)(6)(b), special landscape
setbacks are required along Federal Highway. Lot
depths less than 200' are to provide a 10' landscape
setback. A 5 ' landscape strip exists along Federal
Highway, however that strip only occurs for a short
distance in front of the main building. There appears
to be sufficient room to accommodate a deeper
landscape strip if the parking were rearranged and
restriped.
* Pursuant to Section 4.6.16(H)(3)(e), where commercial
areas abut a residential use, trees are to be planted
at 25' intervals. This would apply to the northern
boundary of the property. The existing residential
unit sits to the back of the property and is buffered
by existing shrubs and a hedge. It does not appear
that the addition of trees in this area would achieve
much in the way of buffering. The impacts of this use
on the residential property would be better mitigated
by the enclosure of the outside use area, as described
under point #7 below.
.. '
P & Z Board Staff R~ .:>rt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 10
4. Dumpster Location
There is a dumpster located off of the alley, however, it
is not screened or landscaped. This item must be addressed
through the provision of a dumpster enclosure. The dumpster
enclosure should be designed so there is available space to
accommodate containers for motor oil recycling and the
disposal of hazardous wastes.
5. Siqn Structure
The existing sign structure is conforming per code with
respect to the required 10' setback and 18' overall height..
However, it is larger than the types of signs which are
typically approved by SPRAB for a property of this size.
Also, the posts of the sign structure are located within
required parking spaces, and the existing trees are at a
height which is beginning to block the sign face. It would
be appropriate that this sign structure be removed and a
monument sign be located in the landscape strip along
Federal Highway.
6. Open Space
Pursuant to Section 4.4.3 (Matrix) 25% of non-vehicular
open space shall be provided. It does not appear that the
site meets this criteria. With the installation of
additional perimeter landscaping along Federal Highway,
and conversion of the center parking tier to a handicap
space and landscaped area, this non-conformity will be
reduced.
7 . Outside Use Area
Pursuant to Section 4.6.6(A), it is the intent of all
commercial zone districts that all work be conducted within
a fully enclosed building. The work area at the rear of
the building is roofed but not enclosed. The applicant has
indicated that this area will be enclosed.
REV I E W B Y o THE R S .
.
The subject property is not in a location that requires review
by any other board or agency.
Public Notice:
Normal public notice has been provided to property owners within
a 500 ft. radius of the subject property. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting. Special courtesy notices were not provided.
P & Z Board Staff R, .:>rt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 11
ASS E SSM E N T AND CON C L U S ION S .
.
The rezoning and conditional use request are consistent with the
policies of the Comprehensive Plan, in that the AC zoning was
created to further Objective A-2 of the Plan, and the proposed
use is allowable within the AC district. The requests are not
inconsistent with Chapter 3 of the Land Development Regulations.
While the location is appropriate for specialty auto service,
the site contains numerous code deficiencies, many of which can
be addressed through a non-impacting site plan modification. If
approved, conditions should be imposed which would require site
upgrades to enhance the appearance and compatibility of the use.,
A visual representation of staff's recommendations is attached.
It is recommended that the suggested landscaping improvements be
imposed, even though the amount of on-site parking will be
diminished. Failure to do so may well result in the site being
100% covered with pavement and "bull-penned" vehicles.
A L T ERN A T I V E ACT ION S .
.
1. Continue with direction.
2. Recommend approval of both the rezoning request and the
Conditional Use request based upon positive findings with
respect to Section 3.1.1, Section 3.3.2 (Rezoning
Findings), Section 2.4.5(E) (5) Conditional Use (Findings)
of the Land Development Regulations and the policies of the
Comprehensive Plan subject to conditions.
3. Recommend denial of the Rezoning request and the
Conditional Use request based upon a failure to make
positive findings with respect to Section 2.4.5 (E) (5)
(Compatibility) and Chapter 3, Sections 3.1.1(C)
(Consistency) of the proposed use with adjacent land uses.
R E COM MEN D E D ACT ION :
By separate motions:
Rezoning:
Recommend approval of the Rezoning request based upon positive
findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(D)(5) (Findings) of Land Development Regulations.
" '
P & Z Board Staff R~ 0rt
Rezoning and Conditional Use Request for Meineke Mufflers
Page 12
Conditional Use:
Recommend approval of the request for Conditional Use approval
based upon positive findings with respect to Chapter 3
(Performance Standards), and Section 2.4.5 (E) (5) of the Land
Development Regulations and the policies of the Comprehensive
Plan subject to the following conditions:
1. That a non-impacting site plan application be submitted
which addresses the site deficiencies as noted in this
report, and which, at a minimum, provides the following
site improvements:
a. A minimum 12' wide accessway between the north and
south parking areas.
b. One handicap parking space located as close to the
main building as possible.
c. An increased landscape setback along Federal Highway.
The desired width of the setback is 10', however,
sufficient paved area should be provided between the
landscaping and the front of the building to include
the handicap parking space and access drive.
d. A landscape strip between parking spaces at the front
of the main building, to include appropriate landscape
materials.
e. Installation of trees at 25' on center between the
warehouse structure and the single family home to the
north.
f. Reduction of the driveway widths to 24', through the
installation of additional perimeter landscaping along
Federal Highway.
g. A dumpster enclosure which is adequately screened and
includes an area for recyclable and hazardous
materials.
h. Removal of the existing sign structure.
i. Restriping of the parking spaces to accommodate angled
parking along the south side.
j. Restriping of all spaces to City standards, and
provision of wheel stops.
k. Enclosure of the work area to the rear of the main
building.
P & Z Board Staff R~.ort
Rezoning and Conditional Use Request for Meineke Mufflers
Page 13
Report prepared by Janet Meeks~nd Diane Dominquez
Reviewed by DJK on: -:3/(01 ~
Attachments:
* Zoning Map of Subject Property and Surrounding Area
* Survey
* Sketch of staff's recommendations
DD/T:RETIRE.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER (!' 1
SUBJECT: AGENDA ITEM j luG - MEETING OF MARCH 23. 1993
ORDINANCE NO. 11-93
DATE: March 19. 1993
The public hearing on Ordinance No. 11-93 was continued at the
February 9th regular meeting. Subsequently. at the March 2nd workshop
with the Neighborhood Task Team, the Commission consensus was to not
amend the current definition of "Family". Therefore, this item is
before the Commission for formal disposition.
Previous action on this ordinance is as follows:
The Planning and Zoning Board at their January 11th meeting
recommended denial on a 4-1 vote (Beer dissentingj Currie and
Felne~ absent).
The City Commission at the January 26th regular meeting, passed
Ordinance No. 11-93 on first reading by a 3-2 vote (Mr. Mouw and
Mr. Randolph dissenting).
Recommend denial of Ordinance No. 11-93 on second and final reading.
i~ .If ~ C)
.
ORDINANCE NO. 11-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH,
FLORIDA, BY AMENDING THE DEFINITION OF "FAMILY";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the Neighborhood Task Team proposed a change to
the existing definition of "Family" as currently codified at Appendix
"A", "Definitions", of the Land Development Regulations of the City
of Delray Beach, Florida; and,
WHEREAS, the Neighborhood Task Team requested a change to
the existing definition of "Family" to further limit the number of
unrelated persons who may reside in a single dwelling unit; and,
WHEREAS, pursuant to LDR Section l.l.6, the Planning and
Zoning Board, sitting as the Local Planning Agency, reviewed the
subject matter at its meeting of January ll, 1993, and has forwarded
the change with a recommendation that it not be adopted; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the definition of "Family" found in
Appendix "A", "Definitions", as referred to in Section 1.4.5,
"Definitions", of Article 1.4, "Interpretation, Enforcement, And
Penalties", of Chapter 1, "General Provisions", of the Land
Development Regulations of the Code of Ordinances of the City of
Oelray Beach, Florida, be, and the same is hereby amended to read as
follows:
FAMILY: One or more persons related by blood,
marriage or adoption occupying a single dwelling unit
as a single housekeeping unit and sharing common
facilities. In addition, Lt/tKe/ti~Llt/i0n.L.ts/0ti/I
pet.0nl/in/iddLtl0niI//t0~t/pet'0n.//~ritelited/t0//t~e
ti~Llt/.KiII/~e//pet~Lttedl/2//pet'0n'l/in//iddltL0nAI
t~tee//pet.0n.//~ntelited//t0//t~e//ti~Llt//.KiII///~e
pet~lttedl//3//pet.0n'I//in//i..ltL0niI//tw0///pet'0n.
untelited/t0/tKe/ti~Llt/.KiII/~e/pet~Ltte.I/4/0t//~0te
pet.0n.l/in//ad.ltL0niI/0ne//pet'0n/untelite.//t0//t~e
ta~Lll/.KaII//~e//pet~Ltte.i no more than two (2)
unrelated persons may occupy a single dwelling unit.
The following person or persons shall be considered as
related to the family (as opposed to an unrelated
person or persons) and will be counted as family
members: a. A person or persons residing with the
family for the purpose of adoption by the family; b.
Any person or persons residing with the family at the
direction of a court.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(lO) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. ll-93
.
. ~
PUBLIC AND CITY COMMISSION COMMENTS FROM MARCH 23, 1993:
Public Comments:
(1 ) Ms. Jay Slavin, resident of Rainberry Bay, who congratulated
Barbara Smith on her recent election to the Commission. Ms.
Slavin also congratulated the City on the completion and
success of the new tennis center, with compliments to Digby
Bridges.
Ms. Slavin then commented on the proposed new clubhouse
facility at the golf course, stating that on the face of it,
it looks like it will be another great facility for the
city. She feels, however, that there is a fundamental flaw
in the proposal in that there is no built-in base for this
kind of a clubhouse as there is at other facilities like the
Polo Club and Aberdeen where the residents of the
communities belong to the clubhouse and dine at the
restaurant on a regular basis. This is their bread and
butter; they cannot depend on the occasional dinner dance or
banquet or luncheon given by an organization. In addition,
such a large clubhouse facility at the golf course would be
in competition with the few facilities that are available
for use in Delray Beach, such as the Holiday Inn, the Tap
Room, the Colony Hotel and other places that could be used.
Ms. Slavin further stated that she feels a new clubhouse is
needed at the golf course, but the proposed facility is too
large and will not be supported by the community.
(2) Minister Aleem Fakir, 315 Sapodilla Avenue, West Palm Beach,
Executive Director of the PEACE organization (People Engaged
in Active Community Efforts) of Palm Beach County, who
expressed concern about what he sees as a continuing effort
to separate one of their members, Officer James Cook, from
the Delray Beach Police Department. He feels the situation
is creating an atmosphere of divisiveness in the community.
The PEACE organization is a strong supporter of the police
departments in the County, including Delray Beach, but the
ongoing charges against Officer Cook and his wife, Officer
Verna Cook, lead him to believe that there is an intentional
effort to separate the Cooks from the Police Department.
PEACE wants to save the local government money and ease the
tensions which they see building in the community. Mr.
Fakir asked the Commission to stop the harassment and to
order the City Manager to put Officer James Cook back to
work so that he can go about doing his job.
( 3) Ms. Diana Brown, N.W. 42nd Court, Sunrise, who spoke on
behalf of Officers James and Verna Cook. She stated while
reviewing Officer James Cook's record, she noted that in
addition to wanting to fire Officer Cook because of
allegations that he did not tell the truth during an
internal affairs investigation, she also read that the Chief
of Police banned a United States citizen, a police officer
and an individual from attending a public park. Ms. Brown
.
.
questioned the Police Chief's authority and questioned why
the City Manager is allowing these kinds of things to
happen? She stated that if the Commission doesn't do
something now to diffuse the time bomb, the City of Delray
Beach will have a big problem. Ms. Brown stated that she
felt the actions against James and Verna Cook were
discriminatory and retaliatory for their filing of EEOC
suits.
(4) Mr. Reno Wells, Chairman of the Legal Committee for the
Guardians of South Florida, a taxpayinq citizen of the State
of Florida and West Palm Beach, and also a Police officer,
who expressed his opinions about what appears to him to be
the practice of institutionalized rascism on the part of the
Delray Beach Police Department via the "administrative
lynching" of Officers James and Verna Cook. He stated that
he had been asked by his constituents and the concerned
citizens of Delray Beach to remind the City of Delray Beach
and its Police Department about what he referred to as "the
silent picture", and what he feels is the "constant, blatant
practice of rascism and disparity." He stated, "...
rascism and sexism in the City of Delray Beach Police
Department is at an all time high and the hiring, promotion
and retention of minorities and women is at an all time low.
To make matters worse, it appears that the City of Delray
Beach and the City Commission just don't care." He spoke at
some length on this issue, citing certain statistics as to
the demographic makeup of the city overall and correlating
representation within the Police Department. He referred to
the City's one Haitian Police officer who he said was forced
to resign from the department; the demotion of a Black
dispatcher with numerous years of experience who was
subsequently exonerated and reinstated via legal defense and
who now has a civil suit pending; a Black female who was
given an evaluation score of zero by a White supervisor;
harassment of a disabled White female; assignment of a
reportedly qualified, non-tenured White supervisor over
tenured Black and Hispanic females. Mr. Wells concluded by
making reference to various code cites of Federal and State
law prohibiting discrimination.
(4) Mr. Leonard Mitchell, 727 Place Tavant, who spoke in
reference to the Carver School and any decision which may be
forthcoming with respect to the naming of the new school
facility. Mr. Mitchell spoke strongly in favor of naming
the school Dr. George Washington Carver Middle School to
recognize the significance and contributions of the old
Carver School to the community as well as the individual
contributions to the entire county by Dr. Carver.
d
.'
.
(5) Mr. Jerry Marshall, resident of Woodlake, who advised that
the Education Board of Delray Beach had unanimously approved
and will recommend to the City Commission and to the Palm
Beach County School Board the continuation of the name of
George Washington Carver Middle School at the new facility.
(6) Mr. Leroy Andrews, 618 S.W. 6th Avenue, Delray Beach, who
re-emphasized the need for sidewalk improvements throughout
the southwest area, and the need for clean-up and improved
maintenance at the Catherine Strong Center.
(7) Ms. Virginia Snyder, who stated that she was surprised and
shocked to learn that Catherine Strong Center is leased to
the County, and asked why the city can't take it back from
the County for use as a city park or facility for young
people? Mayor Lynch advised that this is being worked on.
(8) Mr. Jonathan Green, Delray resident, who stated that he was
very dismayed about the refusal on the part of a City
Commissioner to meet with him to discuss an issue.
Mr. Green also questioned why there was not a picture of any
Black individuals included with those on display in the
Commission Chambers? NOTE: The answer is, the pictures on
display are of those individuals who have served as Mayor of
the City of Delray Beach since its incorporation. Delray
Beach has not had any Black mayors to-date.
(9) Mrs. Ardeth Dobson, 907 S.W. 3rd Court, who discussed a
letter she had received from the Police Department regarding
a complaint she had made, but it only gave the name of the
Black officer involved and not the name of the White
officer. Mrs. Dobson stated there is too much rascism and
segregation in the Police Department. She further stated
that she had gone beyond the city and had gotten the crack
addicts out of her neighborhood, but no thanks to the Police
Department. After 4-1/2 years, it took somebody else two
days and they were gone.
(10) Ms. Alice Finst, 707 Place Tavant, who stated that she
wished to thank Lula Butler and her staff for their
assistance in providing a directional map for the Pineapple
Grove area.
Commission Comments:
(1) Mr. Ellingsworth:
(a) Asked if the City Manager had had a chance to check on
the request made at the last meeting concerning the
billboards?
J
" '
The City Manager stated that the Community Improvement
Department has asked the City Attorney's office for
their recommendation on a removal date or amortization
schedule for the removal of those billboards, and has
not had a response as yet. Mr. Ellingsworth asked that
a report be provided at the next regular meeting.
(b) Commented on a letter received from the Boys and Girls
Club of Palm Beach County in which a statement is made,
"We appreciate the financial commitment of $85,000 per
year beginning next October. " Mr. Ellingsworth was
somewhat concerned about this statement in that he
wasn't sure the Commission had made a firm financial
commitment, but rather had given assurance that the
matter would be looked at during budget sessions.
However, the letter indicates to him that the Boys and
Girls Club feels that funding has already been approved
in the amount of $85,000 per year for so many years,
and if this is not the case, he feels they should be so
notified.
Mayor Lynch advised that there was a consensus in which
their request for a $100,000 grant was turned down, but
the Commission did say that they would start them off
next fiscal year with $85,000. There was not a five
year commitment, but it was agreed for next year. The
City Manager stated that when it was identified that we
could use Community Development Block Grant funds, and
we had an increase corning in that would cover this, it
was his understanding that the consensus of the
Commission was to do it.
On further discussion, it was agreed that it should
probably be clarified that the commitment was for this
next year only, and that the funding request would have
to be reviewed on a yearly basis after that. This
Commission cannot commit future Commissioners to
continue this same process.
(2) Mr. Randolph: No comments.
(3 ) Dr. Alperin:
( a) Referred to a letter received from the PEACE
organization about Pompey Park and stated that the City
should not tolerate any type of rascist treatment
whatsoever nor should there be any preference or
disallowance or poorer treatment for any section of the
city. His concern had to do with the origin of the
letter, and a few of the individuals who had spoken
earlier mentioned this organization, but they didn't
mention they were residents of Delray Beach and the
letter indicates they are not residents. The law
requires that information be provided and we should
'f
., '
provide it, but Dr. Alperin felt that city staff should
not be going out of their way for non-residents if the
residents are not coming out. He stated that his
direction to staff would be that when staff has the
time and can manage it, if an outside group wants to
meet, okay, but outside groups should not be making
demands on the city's staff. Citizens are to take
preference.
(b) On the golf course clubhouse proposal, Dr. Alperin
asked if the Planning and Zoning Board or SPRAB had
been given any information on the project? He
suggested that these boards take a look at the proposal
and give some recommendations to the Commission.
David Kovacs stated that he would not want to go to a
board with such an undefined project. Dr. Alperin felt
that it would be worthwhile for either or both P&Z or
SPRAB to look at what has been provided and give their
comments while the Commission is waiting for the legal
documents to come through. Mr. Kovacs asked that a
representative be present to explain the project when
it is scheduled for consideration.
(c) Reminded the Commission that the School Board will be
meeting on School Site "s" on Wednesday, April 21,
1993, and anyone who can attend should do so.
(d) Referred to the March 19th Legislative Bulletin
regarding HB 491 and SB 1210 on Attorney Client
Relationships and suggested that it would be a good
idea for each of the Commissioners to send a letter in
support of this legislation. The Commission concurred
to have a letter drafted and faxed to the members of
the Legislative Delegation.
(e) Referred to the Code Enforcement packet provided this
evening and asked how the liens shown on it got to that
point and what follows on them: a couple of them are
good size liens, $16,000, $2,700. How did they get
there and where are they going?
.
(d) Dr. Alperin stated that although he and Commissioner
Mouw disagreed on many items, he has greatly enjoyed
working with him, has learned a lot from him, and
commended Commissioner Mouw for giving a tremendous
amount to the city with his knowledge of construction
and development.
S
., '
(4) Mr. Mouw:
Referred to a memo provided by the City Attorney in the
Commission packets concerning the settlement with Atlantic
Plaza on the lift station odors. The Commission passed on a
settlement agreement several months ago and it is his
understanding that this has not been consummated for various
reasons. He has been advised by Mr. Simon that the proper
releases from the tenants and also from Atlantic Plaza have
been provided to the City Attorney, and now the City
Attorney is also asking him to indemnify and hold harmless
the City against any and all claims that may arise in the
future from anyone concerning any odors or anything having
to do with the problem. Mr. Mouw stated that he felt this
was an unreasonable request and, for his part, would direct
the City Attorney to settle the matter in the manner
approved by the City Commission on December 8, 1992.
After discussion, it was the consensus of the Commission to
accept the releases provided by Mr. Simon and to issue the
check in settlement of the matter. The item will be added
to the organizational meeting scheduled for Thursday, March
25, 1993, for formal approval.
(5) Mayor Lynch: No comments.
~H
3/25/93
6
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ,/';.1; I
SUBJECT: AGENDA ITEM # l2A - MEETING OF MARCH 23. 1993
ORDINANCE NO. 25-93
DATE: March 19, 1993
This is the first reading of an ordinance rezoning a portion of the
Congress Park South property, located on the west side of Congress
Avenue, south of Atlantic Avenue, from PCC (Planned Commerce Center)
zone district to LI (Light Industrial) zone district.
The subject property is the majority of Tracts Band C, a 95 foot wide
Lake Worth Drainage District easement tract and all of Tract L-4 of
the Congress Park South plat.
The rezoning request has been initiated to accommodate a proposed
111,681 square foot storage, distribution and office building to be
constructed on Tract A, with possible future expansion into Tract B.
The development of the proposed building was contemplated under the
current zoning designation, however, PCC zoning restricts industrial
uses to 50% of the total building area. As the existing and proposed
buildings contain industrial uses, that maximum would be exceeded.
The Planning and Zoning Board at their March 15th meeting recommended
approval. The Board also recommended modification of the LI district
to allow the retailing of items processed on site up to 2,500 square
feet and recommended reduction of the frontage requirement from 100
feet to zero. Those modification are included in Ordinance No. 32-93
which is also on the agenda for approval. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 25-93 on first reading.
6-0
'.
I
.
CITY COMMISSION DOCUMENTATION
TO: DAVlP T. HARDEN, CITY MANAGER
l '~~cXt
THRU: ~D J. KOVACS, DI~OR
DE~ENT OF PLANNING AND ZONING
. tUJ' ~
FROM: PAUL DORLING, P~ NER II
SUBJECT: MEETING OF MARCH 23, 1993
APPROVAL ON FIRST READING OF A REZONING OF A PORTION
OF CONGRESS PARK SOUTH FROM PCC (PLANNED COMMERCE
CENTER) TO LI (LIGHT INDUSTRIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of
a rezoning request from PCC (Planned Commerce Center) to LI
(Light Industrial).
The subject property is the majority of Tracts Band C, a
95' wide LWDD easement tract and all of Tract L-4 of the
Congress Park South plat having a total area of 12.40
acres. The site is located on the west side of Congress
Avenue, south of Atlantic Avenue and immediately east of
the Municipal Golf Course.
BACKGROUND:
On May 24, 1983 the City Commission approved a land use change
and rezoning from PRD-4 to PCC along with a conditional use and
site plan for Congress Park South. The development proposal
included 4 office, research and light industrial buildings with
a total of 230,190 sq. ft. In 1986, one of the buildings was
constructed on Tract A along with the internal roadways and
underground infrastructure throughout the park. As these
improvements constituted more than 25% of the total project the
project is considered to be vested.
On February 5, 1993 the Planning and Zoning Department received
a request to change the zoning from PCC to MIC for 12.40 acres
(approximately the western half) of Congress Park South Plat.
When the request was discussed at the February 8, 1993 Planning
and zoning Board workshop, the Board suggested that a change to
the newly created LI district might be more appropriate.
For further background information please refer to the attached
Planning and Zoning Board staff report of March 15, 1993.
City Commission Documentation
Approval on First reading of a Rezoning of a
Portion of Congress Park South from PCC to LI
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at
a public hearing on March 15, 1993. Several members of the
public including an adjacent resident and current tenant of
Congress Park South commented on the proposal. While none were
in oppos i tion to the rezoning, concerns with respect to the
following items were voiced;
* Overall on-site traffic circulation and the potential for
additional truck routing pas' residences in the southeast
corner of the site.
* Location of the loading bays on the new building proposed
in the accompanying development plan.
* Traffic congestion at the existing entry to the park and
the accompanying development~ impact.
* Lack of screening along south portion of the Congress Park
South and the negative impacts of loading functions of the
existing building.
The Board took public testimony and noted the concerns were more
appropriately addressed by the Site Plan and Appearance Board
during the site development approval phase of the project.
At the public hearing the Board considered both the MIC and LI
districts. During discussions it was noted that modifications
to the LI district would be required to accommodate certain
aspects of the associated development proposal. The applicant
agreed to amend his rezoning request from MIC to LI and the
Board recommended the LI district be applied to the property on
a 6-0 vote. In a related action the Board also recommended
modifications to the LI district to allow the retailing of items
processed on site up to 2,500 sq. ft. and recommended reduction
of the frontage requirement from 100' to O'as is currently
provided in the MIC District.
RECOMMENDED ACTION:
By motion, approve on first reading the rezoning request for a
portion of Congress Park South from PCC (Planned Commerce
Center) to LI (Light Industrial).
Attachment
* P&Z Staff Report of March 15, 1993
PD/CCLI.DOC
.
.- ..- _.- ---. -- n______ --- ---
ORDINANCE NO. 25-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT
IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID LAND BEING
LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, BETWEEN
ATLANTIC AVENUE AND LOWSON BOULEVARD, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990" ;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property J.n the CJ.t'l
of Delray Beach, Florida, is hereby rezoned and placed in the LI (Llght
Industrial) District, as defined in Chapter Four of the Land Development
Regulations of the City of Delray Beach, Florida, to-wit:
All of Tract B, Tract C, and Tract L-4, "CONGRESS PARK
SOUTH" , according to the Plat thereof, as recorded in
Plat Book 47, Pages 98 and 99 of the Public Records of
Palm Beach County, Florida. TOGETHER WITH that portion
of Tract R lying west of the east line of Tract C and
Tract L-4.
TOGETHER WITH
A portion of Lake Worth Drainage Canal E-4, being 95
feet in width, lying west of said Tract B and Tract C,
"CONGRESS PARK SOUTH" , as recorded in Plat Book 4 7 ,
Pages 98 and 99 of the Palm Beach County Records.
LESS AND EXCEPT THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
A portion of land lying in Tract B and Tract C of saJ.d
Plat of "CONGRESS PARK SOUTH" , Plat Book 4 7 , Pages 98
and 99 of Palm Beach County Records.
Commencing from the S.W. corner of Tract IIL-211i thence
North 00 degrees 00' 00" East, along the East Line of
said Tract B, a distance of 498.25 ~"et, to the point
of beginning. Thence North 20 degre,:" 59' 3 1 " West, a
distance of 69.71 feet; thence North 00 degrees 00' 00"
East, a distance of 66.00 feet; thence North 90 degrees
00' 00" East, a distance of 24.97 feet, to a pOJ.nt
lying on the East Line of said Tract C; thence South 00
degrees 00' 00" East along said East Line, a dlstance
of 131. 08 feet, to the point of beginning. Containing
0.06 acres, more or less.
The subject property is located on the west side of
Congress Avenue, between Atlantic Avenue and Lowson
Boulevard.
The above described parcel contains a 12.40 acre parcel
of land, more or less.
Section 2. That the Planning Director of the City of Delra'l
Beach, Florida, shall, upon the effective date of this ordlnance, change
the Zoning District Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances WhlCh
are in conflict herewith be, and the same are hereby repealed.
-.
-,--~ ~ ~--~--- _____ _~_ ____.~.~ - ~~_ ~______~____ ________ ______ ___ ___ - ____~ n____
-------------~-_. --------- ------------~-~-- --
Section 4. That should any section or provision of thlS
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalld, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effectlve
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and flnal
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - ORO. NO. 25-93
.
PLANNING & ZONING BOARD .
CITY OF DELRA Y BEACH. --- STAFF REPORT ---
MEETING DATE: March 15, 1993
AGENDA ITEM: III. B. . .
ITEM: Rezoning from PCC to MIC or LI for a Portion of Congress Park South
GENERAL DATA:
Owner....................Delmar Properties
Appllcant................Levenger Company
Agent....................Mr. Russell Christie
General Manager,
Levenger Company
Agent'. Attorney.........Michael S. Weiner, Esq.
ocation.................West of Congress Avenue,
between Atlantic Avenue and
LowsOn Boulevard.
Property Size............12.41 acres.
City Land Use Plan.......Commerce
City Zoning..............PCC (Planned Commerce Center)
Proposed Zoning..........MIC (Mixed Industrial and
Commercial) or LI (Light
Industrial)
Adjacent zoning...North: POC (Planned Office Cent.r)
East: PeC
South: OS (Open Space)
W..t: OS
Existing Land Us.........Vacant ~~
Proposed Land U8e........lll,681 square foot warehouse/
storage/distribution building
for a mail order busines..
Water Service............Exi.ting on .1te. Main
relocation wll1 be required .
Sewer Service............Exi.ting 8" sanitary sewer
line serving Tract. "A" and
"0- of Congr.s. Park South.
Mo .aln .xtension i. required.
III.B.
" '
I T E M B E FOR E THE BOA R 0:
The action before the Board is that of making a recommendation
on a rezoning request from PCC (Planned Commerce Center) to
either MIC (Mixed Industrial and Commercial) or LI (Light
Industrial) zone districts, pursuant to LDR Section 2.4.5(0),
change of Zoning District Designation.
The subject property is the majority of Tract B and Tract C~ a
95' wide LWDD easement tract and all of Tract L-4 of the
Congress Park South Plat. The property is located on the west
side of Congress Avenue, ,south of, Atlantic Avenue and
immedlately east of the Municipal Gol f Course. ' -, :.
B A C K G R 0 UNO:
Prior to 1981 the subject property was part of the Municipal
Golf Course. On December 21, 1981 the Planning and Zoning Board
recommended approval of a land use change (SF to- -PRD-4),
rezoning (R-1AA to PRD-4) and site plan approval to accommodate
a 97 unit single family development called Saddle Ridge. The
preliminary plat for the Saddle Ridge development was approved
by the Planning and Zoning Board on February 23, 1982. The City
Commission approved the land use change, rezoning and site plan
on May 11, 1982 (second reading) via Ordinance 28-82. The
project was never constructed.
On March 21, 1983 the Planning and Zoning Board recommended
approval of a request for a land use amendment (PRD-4 to PCC),
rezoning (PRD-4 to PCC), conditional use request and site
development plan for Congress Park South. The proposal included
4 office, research, and llght industrial buildings with a total
of 230,190 sq. ft. The City Commission approved the requests on
May 24, 1983 via Ordinance No. 32-83. The final plat for
Congress Park South was recommended for approval by Planning and
Zoning Board on September 27, 1983 and approved by City
Commission on October 25, 1983.
An 18 month extension to the Congress Park South conditional use
and site plan approval was granted by City Commission on
November 13, 1984. In 1986 one of the buildings (approximately
57,547 sq.ft.) was constructed on Tract A along with the
internal roadways and underground infrastructure throughout the
park. As these improvements constituted more than 25\ of the
total improvement costs the project was established at that
time.
On February 5, 1993 the Planning and Zoning Department received
a request to change the zoning from PCC to MIC for 12.41 acres
of Congress Park South. When the request was discussed at the
February 8, 1993 Planning and Zoning Board workshop, the Board
suggested that a change to the newly created LI District might
be more appropriate. Therefore, the rezoning is being evaluated
under both MIC and LI standards.
.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of congress Park South
Page 2
PRO J E C T DES C RIP T ION:
The proposed rezoning involves 12.41 acres of the 24.25 acres of
Congress Park South Plat and constitutes the majority of Tracts
B, C, the 95' wide LWDD easement tract and all of Tract L-4. A
small portion of Tracts B and C ( .06 of an acre) is not
included in the request as this area has been conveyed by metes
and bounds to Tract A. It is noted that the conveyance is not
recognized as a legal subdivision pursuant to Section 5.2.2. and
must be addressed during the associated replatting of this
property. The rezoning request has been initiated to
accommodate a proposed 111,681 sq. ft. storage/distribution/ -
office building to be constructed on Tract A, with possible
future expansion into Tract B.
Development of the proposed building was contemplated under the
current zoning designation, however, the PCC restricts
industrial uses to 50% of total building area. As the existing
and proposed buildings contain industrial uses the 50%
industrial use maximum would have been exceeded. To accommodate
the industrial use on the site the applicant has requested a
rezoning to MIC. At the direction of the Planning and Zoning
Board, the LI zone is also being considered for this property.
Z 0 N I N G A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes, Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The current land use designation for the site is Commerce.
Pursuant to the Future Land Use Element of the Comp Plan,
the Commerce Land Use designation is applied to property
which is developed, or-is to be developed, Ihsucn a
manner as to accommodate a mix of industrial, service, and
commercial uses. This may be done either through
development of existing parcels or through a planned
concept.
.,
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 3
The requested zoning change is from PCC (Planned Commerce
Center) to MIC (Mixed Industrial Commercial) or LI (Light
Industrial). The zoning designations which are consistent
with the Commerce Land Use designation include the
following:
* PCC - Planned Commerce Center (Current Zoning) ;
* MIC - Mixed Industrial and Commercial (proposed);
* LI - Light Industrial (proposed) This zoning
district was recently created, and is being added to
the Land Use designation/zoning matrix (Table L-6) via
93-1 Comprehensive plan amendment. -.-. .- -- -
The proposed use is a combination warehouse/storage/,
distribution use associated with the Levenger mail order
company, which specializes in reading related items. The
proposed building w1ll contain approximately 2,165 sq. ft.
of showroom ( open to public) , 31,885 sq. ft. of accessory
office use and 77,631 sq. ft. of warehouse/storage use
(total of 111,681 sq.ft.). Both the LI and the MIC zoning
districts allow wholesaling, storage and distribution as a
permitted use. Business offices which are accessory to the
primary industrial use are allowed under both the LI and
MIC zone districts.
However, the LI district limits the retailing of items
to only those produced on the premises and limits retail
space to no more than 10' of the building or 1,000 sq.ft.
whichever is less. Under the MIC zone district 'retailing
of products made on or off site and Qot exceeding 25' of
building floor area are allowed. As the retail items
available in the proposed Levenger showroom are not
produced on site, and the proposed showroom will exceed
1,000 ft. as written, only the MIC district will
accommodate this element of the use.
Concurrency. Facilitie. which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
streets and Traffic:
- - .---
Pursuant to Section 2.4.5{D) with all rezoning requests, traffic
information is required which addresses the development of the
property under reasonable intensity pursuant to the existing and
proposed zoning.
>
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 4
The Planning Director has waived this requirement at the
rezoning stage, based on a determination that the existing and
proposed zoning classifications are of similar intensity.
Also, this property is vested in terms of traffic concurrently
based upon the established status of the previously approved
plan. However, this waiver does not negate the provision of a
traffic study with the site plan application at which time the
use, trip generation and trip assignment must be addressed.-
Water: The proposed development will accommodate uses of
similar intensity to currently ~pproved uses-~nd-~re anticipated
to have similar water consumptiorr rate~. While the ultimate
square footage of the building may exceed what was previously
approved on this site (if the contemplated expansion occurs), no
water concurrency concerns are noted.
With the construction of Building 1 of Congress Park South on
"Tract A", 8" water mains and 8 fire hydrants were installed on
Tracts B and C. The proposed siting of the Levenger building
will require relocation of some of these existing water mains.
A main extension from the Golf Course (west of this site) into
the internal water main system within this site may be necessary
as part of the Golf Course Clubhouse expansion project. An
easement may be required with platting to accommodate this
connection.
Sewer: The proposed rezoning will accommodate uses of similar
intensity and therefore similar sewer generation rates are
anticipated. Even though additional building square footage is
accommodated with build out, concurrency with respect to sewer
plant capacity is not a concern.
With the construction of the first building in Congress Park
south, an 8" sewer main was installed in Tract A and D.
Parks and Open Space: Park dedication requirements apply to
residential uses and therefore do not apply to the existing PCC
or proposed MIC and LI zoning districts.
Solid Waste: The zoning change is to a category of similar
intensity and therefore is anticipated to generate a similar
solid waste stream. It is noted that the accompanying site
development layout along with potential future expansion will
probably exceed the previously approved square footage for these
tracts. In addition, as this site will be a distribution center
an additional packing waste may be experienced. However, the
above two factors are not anticipated to substantially alter
proposed solid waste generation from the site.
.,
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 5
Drainaqe: The parcels are located in the vicinity of the
municipal wellfields. Pursuant to the County's Wellfield
Protection Ordinance, the management of drainage and water
retention in wellfield zones 1 , 2 is limited to surface
retention, i. e. no exfiltration. In reviewing the wellfield
maps development on Tract C, appears to be outside these zones
while Tract B may encroach into zone 2. Verification of the
exact location of the protection zones will be required for
review of site development plans for both of these tracts.
Consistency: Compliance with .th~perto~~ce -standards- set
forth in Section 3.3.2 (Standard. _ tor_ .Rezoning. Action.) along
with required findings in Section 2.4.5 (D) (5) (Rezoning
Findings) shall be the basi. upon which a finding of overall
consistency is to be made. Other objectives and policie!l found
in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
Comprehensive Plan policies.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Conservation Policy B:2.5:
Whenever new development or redevelopment is proposed
along a waterway, a canal, or an environmentally
sensitive 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.
As this development abuts the LWDD canal the above policy
applies. The entire site, with the exception of a few
areas along the canal, is in a disturbed state. To comply
with the above it is recommended the applicant reestablish
an area of native communities along the canal which equals
at least 10\ of the parcel's size.
Conservation pOlicy A:2.3
Within those areas covered by Wellfield protection
regulation., uses which may involve regulated
chemicals shall be removed form the list of permitted
or conditional u... allowed within zoning de.ignations
which apply to such property. The necessary code
amendments shall be adopted as an amendment to the
Land Development Regulations.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 6
The southern portion of this parcel is within Zones 2 & 3
of a municipal well located in the adjacent Golf Course.
The uses allowed within the proposed MIC zone district
include all permitted uses within the Industrial zone
district. Industrial zoning has been removed from property
which are above the Series 20 wellfield due to concerns of
potential contamination.
While it is acknowledged that the rezoning is sought to
accommodate a "clean industrial use" the granting of MIC
zoning does not guarantee construction or success of the
development proposal.
In contrast, the LI (Light Industrial) zoning district has
been created specifically to be affixed to this- type of
environmentally sensitive area.
Section 3,3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 which- apply are as
follows:
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The proposed rezoning is from PCC (Planned Commerce Center)
to MIC (Mixed Industrial and Commercial) or LI (Light
Industrial). To the north the property is bordered by POC
(Congress Park Planned Office Center), to the east by the
balance of the PCC (one industrial building), and to the
south and west by Open Space (Municipal Golf Course).
Compatibility concerns with the existing PCC are possible
with the MIC zoning, through the introduction of retail
traffic (25' of the potential building area) into the PCC.
However, although approval of the zoning does not prohibit
the introduction of alternative development plans, this
rezoning is being undertaken to accommodate a specific
development proposal (Levenger building) which will have a
minimum retail component (2,165 sq. ft. ) . Moreover, the
location of this property at the rear of an office/
industrial park does not lend itself to retail uses. - -
Compatibility with the Municipal Golf Course to the west
should also be enhanced through the introduction of native
plantings along the canal as required pursuant to
Conservation policy B. 2.5. In addition, the accompanying
site development plan indicates that the large Banyan Trees
along the west LWDD canal boundary are to be saved,
providing additional buffering.
.. '
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of Congress Park South
Page 7
LDR COMPLIANCE:
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(0)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasonl for which
the rezoning change is being sought. These reasons-include the
following:
a. That the zoning haCt previously been changed, or was
originally established,-J.n error;
b. That there has been a change in circumstances which'
make the current zoning inappropriate;
c. That the requested zoning is of limilar intensity al
allowed under the Future Land Use Map and that it il
more appropriate for the property based upon
circumstances particular to the lite and/or
neighborhood.
The applicant has indicated that the applicable reason for the
rezoning is B & C. The narrative submitted with the application
for MIC zoning provided the following statement:
"The circumstances of this particular site that makes MIC
district more appropriate than the current PCC zoning is
that PCC zoning was designed with the idea that high
technology industries would grow in popularity and use
large portions of the industrial based zones located in
Delray Beach, Florida. These expectations were
unfulfilled. Based on the design of PCC zoning, there were
certain restrictions on storage and warehouse use which is
of low intensity, but which are not necessarily compatible
with high technology industries. When these restrictions
are placed upon a site that will contain multiple users and
owners, the ability to enforce the restrictions becomes
almost impossible, and therefore PCC zoning would inhibit
rather than enhance any further development. Under those
circumstances, MIC zoning is more appropriate in that it
does not require the aggregation of uses among its property
owners. However, comparatively speaking, the MIC zoning is
of no greater impact especially when considered in light of
this particular project where most of the space will be
used for storage and warehousing of furniture products.
Accordingly, the zoning is of a similar intensity as
allowed under the Future Land Use Map and is more
appropriate based upon the particular circumstances of this
site.
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of congress Park South
Page 8
The property has been only partially developed since it,s
approval in 1983. The PCC zoning district is geared to Research
and Development uses which have declined in recent years and
therefore this zoning is as appropriate as PCC given the
proposed use.
The following LDR requirements are applicable to the rezoning
analysis and relate to the newly configured PCC parcel, and the
subject parcel under MIC and LI zoning districts.
PCC Parcel: . -- - - - - - ---
* Section 4.4.18(D) (2): requires a minimum PCC parcel size
of 10 acres and a minimum lot area of 1 acre.
The remaining PCC parcel will contain approximately
11. 84 acres and the two developable tracts which
exceed the 1 acre minimum.
* Pursuant to Section 4.4.18(D){2) the PCC zoning district
requires a minimum 251 landscape buffer around the
perimeter pursuant to Section 4.4.18(D)(2)(d). With the
rezoning of a portion of the PCC a new western boundary of
the PCC is created. The new zoning line boundary
corresponds with the western edge of an access roadway and
parking area effectively providing a 0' landscape buffer.
The accompanying site development plan for Levenger
building (Phase I) does provide a 25' landscaped
building setback along the PCC/MIC common property
line. This 25' landscape setback should be extended
with Phase II development. In light of the above the
intent of the required landscape area will be met
while being 25' east of its required location. Given
the above it does not appear inappropriate to accept
the creation of this nonconforming condition.
MIC Zoninq Criteria (Subject Parcel):
* No minimum development area or minimum lot size applies to
the MIC zoning district. However, restrictions do apply
with respect to the percentages of types of uses i.e
office, retail, industrial; etc. (see discussion under the
Future Land Use section).
LI Zoninq Criteria (Subject Parcel):
* A minimum development area of 1 acre, minimum lot size of
20,000 sq. ft. and minimum lot frontage of 100 feet apply to
this zone district.
'I
P&Z Staff Report
Rezoning from PCC to MIC or LI
for a Portion of congress Park South
Page 9
The subject parcel is 12.41 acres and the two proposed
tracts will exceed 20,000 sq. ft. each. With respect
to frontage this parcel does not front on a public
street and therefore does not meet the 100 foot
frontage requirement. It is noted access to this
parcel is via 46' and 41 ' access tracts which are
dedicated to the Congress Park South Owners
Association Inc.
. Restrictions apply with respect to the percentages of types
of uses Le office, retail-,-- industrial, etc. (see
discussion under Future land use section).
REV I E W B Y o THE R S:
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency),or the DDA (Downtown
Development Authority).
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to Helen Coopersmith (PROD) , Art Jackel (United
Property Owners), Jean Miner (Delray Council of Communities),
Congress Park South tenants and LWDD who have requested
notification of petitions in that area.
ASS E SSM E N T AND CON C L U S ION:
The report discusses the applicability of two zoning districts
for a portion of Congress Park South. The zoning districts have
been analyzed without regard to any development proposal and the
following differences are noted. The MIC zoning district will
accommodate a greater range of uses including all permitted uses
under the Industrial zoning designation (50' min per building),
Business services (25' max), Finance, Insurance and Real Estate
Services (25' max) and Retail trade (25' max). The proposed LI
will allow some industrial uses (limited manufacturing and
assembly) along with wholesaling, storage and distribution,
research and development, and general business offices and
business services. Retail trade in the LI_ district is limited
to items produced on site and to 10' or 1,000 sq. ft. whichever
is less. - -
Therefore, development under the LI district is more restrictive
than the MIC district with respect to type of Industrial uses
and amount and type of retail trade. The LI district is less
restrictive with respect to the amount of office uses.
P&Z Staff Report
Rezoning from. PCC to MIC or LI
for a Portion of Congress Park South
Page 10
The rezoning request is being accompanied by a development
proposal to construct a 111,681 sq. ft. warehouse/storage/
distribution building. The proposed building will contain
approximately 77,631 sq. ft. of warehouse, 31,885 sq. ft. of
accessory office and a 2,165 sq. ft. retail showroom. The retail
component of the request cannot be accommodated under the
current LI district. To accommodate the development proposal
two alternatives exist: recommend MIC which will accommodate
the proposal or recommend.LI but make adjustments to the retail
trade portions and frontage requirements (see discussion under
LDR Compliance) of the district to allow the use. -
The intent of the LI district is to cr~ate a district which is
more stringent than the existing "I", "MIC" and "PCC" districts
which could then be applied to properties within environmental
sensitive areas including the wellfield protection zones. While
this district was modelled to be affixed to the industrial area
north of S. W. 10th Street it is appropriate for this parcel
given the proximity of the development to the Municipal Golf
Course wellfield.
It is staff's recommendation that due to the environmentally
sensitive nature of the site and need to control potential uses
of the parcel, LI zoning is more appropriate. The staff further
recommends that modifications to the LI district be initiated to
address both the frontage and retail trade portion of this
district.
As further processing of this development plan will not require
review from the Planning and Zoning Board, it is recommended the
applicant be requested to acknowledge his commitment to the
establishment of 10% of the site in native communities along the
canal, as required pursuant to Conservation Policy B-2.5.
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to policies
of the Comprehensive plan (applies to MIC zoning only) and
Section 2.4.5.(D)(5) the rezoning fails to fulfill at least
one of the reasons listed.
C. Recommend approval of the proposed zoning change to an
appropriate designation as allowed under the "Commerce"
Land Use designation based upon positive findings with
respect to Chapter 3 (Performance Stand4rds) of the Land
Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5.(0)(5).
" '
P&Z Staff Report
Rezoning from PCC to HIe or LI
for a Portion of Congress Park South
Page 11
S T A F F R E COM MEN 0 A T ION:
By separate motions:
Recommend approval of the rezoning request to LI (light
Industrial) based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(0)(5). .
Initiate changes to the newly created LI (Light Industrial)
zone district -with respect to the percentage of retail
allowed and required frontage.
PD/REZ.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /:)~ \
SUBJECT: AGENDA ITEM # J~ - MEETING OF MARCH 23, 1993
ORDINANCE NO. 32-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by modifying Section 4.4.26 (C) (4) "Accessory
Use and Structures Permitted" to clarify the type of retailing and
amount of floor area which may be devoted to retail usej and,
amending Subsection 4.3.4 (K) , "Development Standard Matrix" to
provide for a reduction in lot frontage from 100 feet to zero in the
LI (Light Industrial) zone district.
The Planning and Zoning Board at their March 15th regular meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 32-93.
f~ 6~o
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
\ ~~JJ4
.)~ ,. U
THRU: DAVID J. K AC, DIR~~
D~ENT OF PLANNING AND ZONING
FROM: ;AUL DORL~LANNER II
SUBJECT: MEETING OF MARCH 23, 1993
APPROVAL ON FIRST READING OF AN ORDINANCE AMENDING
PORTIONS OF THE LI (LIGHT INDUSTRIAL) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval on
first reading of an ordinance which will amend the LI
(Light Industrial) zoning district.
BACKGROUND:
When the LI zoning district was recently adopted, it was
understood that "fine tuning" of the district might be necessary
once the district was applied to applicable sites. With the
proposed rezoning of a portion of the Congress Park South from
PCC to LI, such needs were identified.
The areas of proposed change involve:
* having the allowable retail sales pertain to items
"processed" on the premises as opposed to be limited to
those which are "produced" -- this change is consistent
with the original intent of the new district; and,
* increasing the maximum allowable floor area for retail
uses from 1,000 sq.ft. to 2,500 sq.ft.; and,
* reducing the frontage requirement from 100' to 0'.
This change is consistent with several other districts in
which a "0" frontage dimension is listed in the Standards
Matrix. In practice, each lot is required to .ihave
frontage; however, when dealing with situations YA8..e a
large lot (minimum area of 20,000 in this situation)
applying a standard is more theoretical than practical.
In the case at hand, frontage is provided by the terminus
of a private street (tract); and, although a skewed
property line could be drawn to meet the requirement, it
seems more appropriate to abandon the standard.
City Commission Documentation
Revsions to Ordinance No. 20-93 which established
the LI (Light Industrial) District
Page 2
These proposed modifications effect the following portions of
the Land Development Regulations;
Section 4.4.26(C)(4) Accessory Use and Structures
permitted:
"Retailing of items pt0~~te~ processed 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 II""" 2,500 sq. ft. of display and sales
area."
Chapter 4,"Zoning Regulation", Article 4.3 "District
Regulations, General Provisions", Section 4.3.4 "Base
District Development Standards", Subsection 4.3.4 (K) "
Development Standards Matrix"
Lot Frontage I"" Q feet
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at the
meeting of March 15, 1993. The Board recommended approval of
the proposed changes on a unanimous 6-0 vote.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance which modifies
the LI zoning district with respect to type of retail, amount of
retail and the required frontage in the LI (Light Industrial)
district.
PD/CC20-93.DOC
.
. ,-
---~----- --_._-~---- .-..-- ---- ~---- --.,-
ORDINANCE NO. 32-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT
INDUSTRIAL (LI) DISTRICT" , SUBSECTION 4.4.26(C),
"ACCESSORY USE AND STRUCTURES PERMITTED", SUBPARAGRAPH
(4) , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO
CLARIFY THE TYPE OF RETAILING AND THE AMOUNT OF FLOOR
AREA WHICH MAY BE DEVOTED TO RETAIL USE; AMENDING
SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO
PROVIDE FOR A REDUCTION IN THE LOT FRONTAGE
REQUIREMENT FOR THE LIGHT INDUSTRIAL ZONE DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section l.l.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 15,
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3l74(l) (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 I. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI)
District", Subsection 4.4.26(C), "Accessory Use and Structures
Permitted" , Subparagraph (4) , 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:
(4 ) Retailing of items pt0~~ie~ processed on the
premises but only to the extent of no more than
lO% of the floor area of the structure or use
area devoted to the item, but in no case to
exceed 2J000 2,500 sq. ft. of display and sales
area.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.3, "District Regulations, General provisions", Section 4.3.4, "Base
District Development Standards", Subsection 4.3.4 (K) , "Development
Standards Matrix", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same ~s
amended by changing the lot frontage requirement for the Light
Industrial (LI) District, as follows:
Lot Frontage 200 0 feet
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
.. ,
-. } .-. .......
"
--------- _..---- "-- - -~--~.-._- --- --..-.,---- ------_._.~------~---_._---
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 32-93
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /,,'.,. I
SUBJECT: AGENDA ITEM # I~~ - MEETING OF MARCH 23. 1993
ORDINANCE NO. 30-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by modifying Section 4.6.16 (F)(3),
"Irrigation Design Standards" to require the installation of rust
inhibiting systems with new irrigation systems (excluding single
family residents) and the use of rain sensing devices with all new
irrigation systems and modifications to existing systems.
The requirement for rust inhibiting systems was requested by the
Community Redevelopment Agency, in response to concerns over the
appearance of relatively new buildings which have been stained by well
water. The rain sensing devices are being added to the landscape
ordinance in response to water conservation measures recently mandated
by the South Florida Water Management District.
The Planning and Zoning Board at their March 15th meeting recommended
approval, subject to a minor change in language regarding the rust
inhibitor systems. That change has been incorporated into this
ordinance. A detailed staff report is attached as backup material for
this item.
Recommend approval of Ordinance No. 30-93 on first reading.
fJ~ 6-0
I
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
/ iA. 1&-_~".iLJ V~~'<-ill~
THRU: DA~ J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUEZ, PLANNER III~~~~~
SUBJECT: MEETING OF MARCH 23, 1993
FIRST READING, ORDINANCE AMENDING LDR SECTION
4.6.16(f)(3), IRRIGATION DESIGN STANDARDS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations ( LDRs) .
The affected Section is:
* 4.6.16(F) (3): Irriqation Desiqn Standards
BACKGROUND:
This requested amendment adds new requirements to the irrigation
standards contained within the City's landscape ordinance. The
new requirements provide for the following:
1- The installation of rust inhibiting systems with new
irrigation systems (excluding single family), and
2. The use of rain sensing devices with all new
irrigation systems and modifications to existing
systems.
The requirement for rust inhibiting systems was requested by the
Community Redevelopment Agency, in response to concerns over the
appearance of relatively new buildings which have been stained
by well water. The rain sensing devices are being added to the
landscape ordinance in response to water conservation measures
recently mandated by the South Florida Water Management
District.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
.. '
.. .
City Commission Documentation
LDR Amendment re: Irrigation System Requirements
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board suggested a minor change
in the language regarding rust inhibitor systems, which has been
incorporated into the proposed ordinance. The Board then
forwarded the item with a recommendation of approval on a 6-0
vote (FeIner absent).
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CCRUST.DOC
,
--~ - ----.
ORDINANCE NO. 30-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.16,
"LANDSCAPE REGULATIONS", SUBSECTION 4.6.16(Fl (3),
"IRRIGATION DESIGN STANDARDS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO PROVIDE REQUIREMENTS FOR THE
USE OF RUST INHIBITOR EQUIPMENT AND RAIN SENSING
DEVICES FOR IRRIGATION SYSTEMS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section l.l.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 15,
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3l74(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.l6, "Landscape
Regulations", Subsection 4.6.16(F), "Irrigation Requirements",
Subparagraph (3), "Irrigation Design Standards", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(3) Irrigation Design Standards: The following
standards shall be considered the minimum requirements for
landscape irrigation design:
(a) All landscaped areas shall be provided w~th
an irrigation system, automatically
operated, to provide complete coverage of
all plant materials and grass to be
maintained. The source of water shall be
pursuant to Section 6.l.10(B) (5). The use
of recycled water is encouraged.
JEl All new installations of landscape
irrigation systems and substantial
modifications of existing irrigation systems
which use well water, excluding single
family residences, shall install, operate
and maintain rust inhibitor equipment to
prevent staining of structures and pavement.
(~~) Wherever feasible, sprinkler heads
irrigating lawns or other high water demand
landscape areas shall be circuited so they
are on a separate zone or zones from those
irrigating trees, shrubbery or other reduced
water requirement areas.
(td) Automatically controlled irrigation systems
- shall be operated by an irrigation
controller that is capable of watering high
water requirement areas on a different
schedule from low water requirement areas.
'. ,
,
-
(d~) Sprinkler heads shall be installed and
maintained so as to minimize spray upon any
public access, sidewalk, street or other
non-pervious area.
(e!) The use of low trajectory spray nozzles is
encouraged in order to reduce the effect of
wind velocity on the spray system.
([:1) The use of low volume or drip systems is
encouraged.
(~h) As/tei~ri~I~~t/[~t//~~L$tnte/$eri$Lri~//dewLtes
L~pt~Ye$'/t~eLt/~se/Ls/erii~~ta~ed' All new
installations of landscape irrigation
systems, and modifications of existing
irrigation systems, shall be equipped with a
rain sensing device which will override the
irrigation cycle of the system when adequate
rainfall has occurred. Further, these rain
sensing devices must be operated and
maintained for the life of the irrigation
system.
(~i:) The use of pop-up sprinkler heads is
required in the swale area between the
property line and the edge of pavement of
the adjacent right-of-way to minimize
pedestrian hazard.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 30-93
-.-.-
. .
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: March 15, 1993
AGENDA ITEM: 111.0. LDR TEXT AMENDMENT RE RUST INHIBITOR
EQUIPMENT AND RAIN SENSING DEVICE FOR IRRIGATION
SYSTEMS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
amendment to Section 4.6.16(F) of the LDRs, Irrigation
Design Standards. The changes contemplated in this
amendment includes:
* That all new development, except single family
residences, provide rust inhibitor equipment to
irrigation systems to help prevent discoloration of
structures and pavement.
* All new irrigation systems are to be equipped with a
rain sensing device.
BACKGROUND:
These text changes were initiated by different sources, but as
they both apply to landscape irrigation requirements, they are
being considered as one amendment. The background on each is
provided below.
Rust Inhibitor System
The proposal to require rust inhibitor equipment came about
during a discussion at the Community Redevelopment Agency's
(CRA) January 14th meeting. The Board had concerns regarding a
decline in the appearance of relatively new buildings (i.e.
Bud's Chicken and Griffin Gate) , due to the staining of the
structures and paving caused by rust in the irrigation systems.
The Planning and Zoning Department received a request from the
CRA on February 8th to amend the LDRs to include rust inhibitor
equipment in all irrigation systems which use well water,
excluding single family residences. It was also the Board's
wish that this requirement be applied to existing development as
part of the October 1993 landscape code compliance.
Rain Sensing Device
The addition of a rain sensing device to the irrigation system
is in response to certain mandatory requirements of the South
Florida Water Management District. Failure of the City to
comply with these mandatory water conservation elements could
result in the denial of future , Public Water Supply Water Use
Permits' , which are needed to operate the public water supply
system.
'. '
.
P&Z Board Memorandum Staff Report
LDR Text Amendment
RE: Irrigation System Requirements
Page 2
ANALYSIS:
Rust Inhibitor System
Rust inhibitor systems are appropriate for use in conjunction
with irrigation systems which use water from a well as opposed
to treated (City provided) water. Well water tends to have a
high iron content that creates unsightly rust stains on walls of
buildings, driveways and sometimes plant materials.
Rust inhibitor systems use chemicals to reduce the amount of
iron. The cost to install such a system starts at about $350.00
and increases depending upon the size of the reservoir which
holds the chemicals. Maintenance costs include the purchase of.'
chemicals as needed.
While the use of rust inhibitor systems on new installations of
irrigation systems is appropriate, staff has concerns about
making such systems a retroactive requirement, to be enforced as
part of the 1993 landscape upgrades. Most of the landscape code
compliance notices have already been sent to the property
owners, with specific deficiencies noted. Many of those
property owners have begun to make the required improvements.
It would be inappropriate to go back to those owners with an
additional, new requirement that would be an added cost burden.
Rain Sensing Device
Most automatic irrigation systems are set by a time clock which
runs the cycles accordingly, whether or not irrigation is
actually needed at that moment. Rain sensing devices override
the timed cycle of the irrigation system when adequate rainfall
has occurred, and conserve water which would otherwise be
wasted. The proposed amendment would apply to new systems and
to modifications to existing systems. The cost of the rain
sensing device on a new system is approximately $35.00, and
approximately $100.00 for the device and installation on an
existing system.
PROPOSED TEXT AMENDMENT:
Section 4.6.16(F)(3) Irrigation Design Standards: The following
standards shall be considered the minimum requirements for
landscape irrigation design:
(a) All landscaped areas shall be provided with an
irrigation system, automatically operated, to pro v ide
complete coverage of all plant materials and grass to
be maintained. The source of water shall be pursuant
to Sections 6.1.10(B)(5). The use of recycled water
is encouraged.
.
P&Z Board Memorandum Staff Report
LDR Text Amendment
RE: Irrigation System Requirements ~ ~~~~t~
Page 3 vcb ., ~ <>:isttMs.. ~. t.
,Y\si11.\\o:Hons at \u. ~WfL' ~r(, ~ M tt;tcdi'clls Of ~l ~ ,~
(b) All new d(iuclnpm9Rt fta-:ifl.~ irrigation systems which
use well water, excluding single family residences,
shall install, operate and maintain rust inhibitor
equipment to prevent staining of structures and
pavement.
(kSc) Whenever feasible, sprinkler heads irrigating lawns
or other high water demand landscape areas shall be
circuited so they are on a separate zone or zones from
those irrigating trees, shrubbery or other reduced
water requirement areas.
(td) Automatically controlled irrigation systems shall be
operated by an irrigation controller that is capable.,
or watering high water requirement areas on a different
schedule from law water requirement areas.
(llie) Sprinkler heads shall be installed and maintained so
as to minimize spray upon any public access, sidewalk,
street or other non-previous area.
(ef) The use of low trajectory spray nozzles is encouraged
in order to reduce the effect of wind velocity on the
spray system.
(tg) The use of low volume or drip systems is encouraged.
(~h) As tetKrl.lISlllS~1 tllSt a'lllSlst>>te serl.slrl.~ llietltes la'lptllStellil
tKelt >>se Is erl.tllS>>ta~elli' All new installations of
landscape irrigation systems, and modifications of
existing irrigation systems, shall be equipped with a
rain sensing device which will override the irrigation
cycle of the lE~l~_~i.R system when adequate rainfall
has occurred. Further, these rain sensing devices
must be operated and maintained for the life of the
irrigation system.
(Ki) The use of pop-up sprinkler heads is required in the
swale area between the property line and the edge of
pavement of the adjacent right-of-way to minimize
pedestrian hazard.
RECOMMENDED ACTION:
By motion, forward the proposed text amendment as presented in
this staff report to the City Commission with a recommendation
of approval.
Attachments: * CRA letter requesting rust inhibitors
* Memo from Horticulturist Nancy Davila re:
rust inhibitor systems
* Memo from Assistant City Engineer Richard
Hasko to City Manager David Harden re: SFWMD
water conservation requirements
Report prepared by Janet Meeks
Report reviewed by:
JM/TXTIRRIG.DOC
I
. .
CD Community
Redevelopment
-a Agency
Delray Beach
February 4, 1993
David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Dave:
At its regular meeting of January 14, 1993, the CRA Board requested that the City amend the
Land Development Regulations to include the following provision:
All irrigation systems within the City, except for single family residences, which are not
connected to the City water system shall include City approved rust inhibitor equipment
installed as part of the system.
It is our wish that this requirement also apply to existing development as a part of the landscape
code compliance procedures which come into in October 1993.
ce. David Kovacs, Planning & Zoning Director
207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
.
M E M 0 RAN DUM
To: Janet Meeks, Planner II
From: Nancy Davila, Horticulturist/Special Projects Coordinator
Re: RUST INHIBITOR SYSTEMS
Date: March 4, 1993
At your request, I am providing information on rust inhibitor systems for
landscape irrigation systems.
Rust inhibitor systems are often needed in conjunction with irrigation
systems whose source of water is from a well. This water may have a high
iron content that will stain any surfaces that it may touch. This leads to
unsightly rust stains on walls of buildings, driveways and sometimes even
the landscape plant materials themselves. While lawn grass can generally
outgrown the staining, shrubs and ground covers can't.
Much of the staining can be avoided by a properly designed and adjusted
irrigation system. Some overspray, due to the wind, however, is inevitable.
Some cities, Boca Raton, for one, now require the installation of a rust
inhibitor system for the installation of any new irrigation system that uses
well water as its source of water.
A rust inhibitor system is comprised of an injector pump that feeds the rust
inhibiting chemicals into the water that ultimately is dispersed by the
irrigation heads. The injector pump is connected connected via tubing to a
tank (resevoir) that holds the chemicals. The amount of chemical that is
needed depends on the parts per million (ppm) of the iron in the water. The
amount of chemical that is fed into the system can be adjusted accordingly.
The cost of a rust inhibitor system starts at about $350 dollars. The cos t
would increase if a larger resevoir were desired. The system needs to be
checked regularly to ensure that the chemical has not run out. If it does,
building surfaces will quickly build-up rust deposits and need to be cleaned
with muriatic acid. The cost of the rust inhibiting chemical is roughly
$10.00 per gallon. How much will be used depends on how often the irrigation
system is run.
I would support the requirement for rust inhibitor systems on new
installations of irrigation systems, but would not support a retroactive
requirement. There has been some discussion regarding making this part of
the minimum landscape requirements for the October 1, 1993 landscape
upgrades. Most of the notices have already gone out to property owners,
indicating what is needed for compliance and believe me, they are upset
enough at the costs they will have to incur for improvements to the
landscaping.
"'
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MBMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER ,~
THRU: WILLIAM H. GREENWOOD 1/J1J/,7
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: RICHARD C. HASKO, P.B. /O~
ASSISTANT CITY ENGINEE*~-
DATE: JANUARY 13, 1993
SUBJECT: NEW WATER CONSERVATION REQUIREMENTS
- - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - ~ -
Effecti ve January 4, 1993, the South Florida Water Management
District requirements for application for a public water supply
water use permit will require information as outlined in
Appendices 1 and 2 to the Basis of Review for Water Use Permit
Applications. These appendices list new requirements for
issuance of the stated permit which include submittal of a water
conservation plan consisting of certain mandatory elements.
Among these elements are requirements for ordinances regulating:
1. Hour of irrigation ~
2. Xeriscape landscaping \
3. Conservation-based rate structure to reduce potable ~
demand ,
4. Use of low volume plumbing fixtures in new
construction
5. Rain sensor devices on new irrigation systems
Also required will be an analysis of feasibility of using
reclaimed water for irrigation (treated sewage effluent), and an
emergency water supply preparedness program.
I will coordinate with Planning & Zoning and the City Attorney's
office as to the adequacy of existing City Ordinances relating to
this issue and will advise you of the need for revisions or new
regulation necessary to accommodate the water conservation
requirements.
RCH:kt
cc: Ralph E. Hayden, City Engineer ,.~"--".
David Kovacs, Director of Planning & Zoning ./....... . _':,-", . ~j
David Tolces, Assistant City Engineer I <,,~.-'
Jerry Sanzone, Building & Insp. Adm/CBO <{.~>."",,~ ~.
, ~
File: Memos to David T. Harden, city Manager '\)"" '.J~~-'. . .
DHDHJ13.KT
'~''v,...
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (J'L I
SUBJECT: AGENDA ITEM # /~ 1> - MEETING OF MARCH 23. 1993
ORDINANCE NO. 26-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by modifying Section 2.4.3 (D) I II Preliminary
Engineering Plans" I to include surface water (drainage) calculations
as a submission requirement of the site plan review process.
The purpose of this amendment is to formally include surface water
(drainage) calculations as a submission requirement of the site plan
review process. These calculations are necessary to ensure that
drainage systems, proposed in conjunction with development projects,
are adequate to handle anticipated runoff.
In addition to the drainage calculations, minor technical changes, as
recommended by Engineering staff, have also been included in this
amendment.
The Planning and Zoning Board at their March 15th meeting recommend
approval by a 5-1 vote (Currie dissenting; Felner absent). A detailed
staff report is attached as backup material for this item.
Recommend approval of Ordinance No. 26-93 on first reading.
fONCWfL 6-0
j
. <
, f ,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~VID T. HARDEN, CITY MANAGER
'G~~~
THRU: DAVID J. KOVACS,~OR
DEPARTMENT OF PLANNING AND ZONING
(' , ..
FROM: DIANE DOMINGUEZ, PLANNER II I ~'s... lJ'i'J! I (I:l/ /'
SUBJECT: MEETING OF MARCH 23, 1993 I /'
FIRST READING, ORDINANCE AMENDING LDR SECTION 2.4.3,
SUBMISSION REQUIREMENTS, PART ( D) , PRELIMINARY
ENGINEERING PLANS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first , reading, of an ordinance modifying the
City's Land Development Regulations ( LDRs) .
The affected Section is:
* 2.4.3(D): Preliminary Engineering Plans
BACKGROUND:
The purpose of this amendment is to formally include surface
water (drainage) calculations as a submission requirement of the
site plan review process. These calculations are necessary to
ensure that drainage systems proposed in conjunction with
development projects are adequate to handle anticipated runoff.
The calculations are listed as a requirement on the site plan
application itself, but are not included in the LDRs along with
other submission requirements. This amendment would identify
them as a code requirement.
In addition to the drainage calculations, minor technical
changes to this section have been suggested by Engineering
staff, and are included in the amendment.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of March 15, 1993. The Board forwarded the item with a
recommendation of approval on a 5-1 vote (Currie dissenting;
FeIner absent).
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CCPE.DOC
I
-- - ----
ORDINANCE NO. 26-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3,
"SUBMISSION REQUIREMENTS" , SUBSECTION 2.4.3 (D) ,
"PRELIMINARY ENGINEERING PLANS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE
REQUIREMENTS ASSOCIATED WITH PRELIMINARY ENGINEERING
PLANS: 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 meeting of March 15,
1993, and has forwarded the change with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute l63.3l74(l) (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 2, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.3, "Submission
Requirements" , Subsection 2.4.3(D), "Preliminary Engineering Plans" ,
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:
(D) Preliminary Engineering Plans:
(l) Preliminary Engineering Plans shall provide
information and be in a format as required by Section
2.4.3 (B) , Standard Plan Items.
(2 ) Said plans shall be drawn on a topographic
base (unless the use of spot elevations are previously
approved by the City Engineer) with topographic
features extended to ten feet (lO I) beyond the site.
0tlt011~anf~a~e/featttesllstt~llaslwallsillttt~sillanl
swilesJ
(3) Said plans shall show the approximate
location as shown in records of Delray Beach and/or
field observations of all existing water, sewer, and
drainage facilities along with streets, sidewalks, and
above ground improvements which provide service to and
on the site. Notes shall state the disposition of all
existing facilities including service lines, meters,
etc.
(4 ) Said plans shall show the proposed location~
an~ sizing and desiqn basis of water, sewer, fire
suppression, and drainage facilities which are to
serve the site, including pertinent calculations, and
the method of providing service to the proposed
structures.
(5) Said plans shall show the method of
providing service to proposed structures.
(6) Said plans shall show the location of
proposed street lights and shall address the
responsibility for installation.
" '
-- - ~_.- ~ .._- -- --_. ~_._. - ------.--
l2l Surface water management calculation
indicating the proposed system's ability to meet storm
water quality and quantity requirements in accordance
with SFWMD (South Florida Water Management District)
regulations.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effectrive
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 26-93
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: March 15, 1992
AGENDA ITEM: III-D, LOR TEXT AMENDMENT RE: PRELIMINARY
ENGINEERING PLANS, SUBMISSION REQUIREMENTS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to
the City Commission on an amendment to L.D.R. Section 2.4.3,
Submission Requirements, part (D) Preliminary Engineering Plans.
This amendment is being processed pursuant to L.D.R. Section
1.1.6, Amendments.
BACKGROUND:
Section 2.4.3 of the LDRs states the submission requirements
associated with the site plan review process. Listed among
those requirements is the provision of preliminary engineering
plans. Section 2.4.3(D) lists the information which must be
included on those plans, such as elevations and topographic
information, location of water, sewer and drainage facilities,
streets, sidewalks, etc. One requirement which is not listed,
but which is necessary to assess the adequacy of a proposed
project's drainage system, is surface water calculations. The
calculations have been listed as a requirement on the site plan
application, however, they are not included in the LDRs along
with the other submission requirements. This ommission was
identified by the Engineering Department's representative on the
Technical Advisory Committee, during that Committee's recent
review of submission requirements. This amendment also includes
other minor technical changes relative to the preliminary
engineering plan requirements, which are included below.
PROPOSED TEXT AMENDMENT:
The submission of Preliminary Engineering Plans is addressed in
Section 2.4.3(D)(1-6). The changes requested from the
Engineering Department include:
(2 ) Said plans shall be drawn on a topographic base (unless
the use of spot elevations are previously approved by the City
Engineer) with topographic features extended to ten feet ( 10 ' )
beyond the site rl>t trl> lDariflDalZle teatldte2t 2tldtK a2t wall2t1 tldtkS2t1
arllZl 2twale2t/
(4 ) Said plans shall show the proposed location, sizing and
desiqn basis of water, sewer, fire suppression, and drainage
facilities which are to serve the site, includinq pertinent
calculations, and the method of providinq service to the
proposed structures.
., '
P & Z Staff Report
Text Amendment, Changes to Section 2.4.3(D),
Preliminary Engineering Plans
Page 2
ADD: ( 7 ) Surface water management calculation indicatinq the
proposed system's ability to meet storm water quality and
quantity requirements in accordance with SFWMD (South Florida
Water Manaqement District) requlations.
ANALYSIS:
These changes are mostly corrective in nature, intended to
clarify the requirements associated with preliminary engineering
plans. Drainage calculations have been required with site plans
for some time, but have not been specifically identified as such
in the LDRs. It is appropriate that they be included as a code.'
requirement.
RECOMMENDATION:
By motion, recommend approval of these proposed text changes to
L.D.R. Section 2.4.3(D), Preliminary Engineering Plans.
Attachment
* L.D.R. Section 2.4.3(D), Preliminary Engineering Plans
T:PREENGPZ.DOC
-"~,-
Section 2.4.3 (D)
(D) Preliminary Engineering Plans:
( 1 ) Preliminary Engineering Plans shall provide
information and be in a format as required by Section 2.4.3(B),
Standard Plan Items.
(2 ) Said plans shall be drawn on a topographic base
(unless the use of spot elevations are previously approved by the
City Engineer) with topographic features extended to ten feet
(10') beyond the site or to man-made features such as walls,
curbs, and swales.
(3 ) Said plans shall show the approximate location as
shown in records of Delray Beach and/or field observations of all
existing water, sewer, and drainage facilities along with
streets, sidewalks, and above ground improvements which provide
service to and on the site. Notes shall state the disposition of
all existing facilities including service lines, meters, etc.
(4) Said plans shall show the proposed location and
sizing of water, sewer, fire suppression, and drainage facilities
which are to serve the site.
(5) Said plans shall show the method of providing
service to proposed structures.
(6 ) Said plans shall show. the location of proposed
street lights and shall address the responsibility for
installation.
(E) Traffic Statements and Studies: Whenever a land
plication, which will add use area or establish a new use w
wi increase traffic at the site by 500 or more trips pe day
(net T) is submitted, it shall be accompanied by a raffic
study.
Threshold ex tions: or land use
which do not ex d a specified level of intensi as established
by the City Engine are exempt from having to rovide a traffic
statement or' a tra ic study. (Traffic mpact Thresholds
Standard) .
(2) Traffic ons: All other land use
applications shall be accompan a traffic statement which
establishes the anticipated The traffic statement shall
be in a form and format as by the City Engineer and
shall include the followin
(a) Ty of use and intensity
(b) tegorization by the ITE formula
used for establishing gross
2414
.,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
If:' 1-1 i
FROM: CITY MANAGER /. ,
SUBJECT: AGENDA ITEM # I;;tE - MEETING OF MARCH 23. 1993
ORDINANCE NO. 27-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by modifying Section 2.4.5 (I) (a) and (b),
"Architectural (Appearance) Elevations", to provide for specific
language requiring Site Plan Review and Appearance Board or Historic
Preservation Board approval of exterior color changes to structures or
elevations.
Prior to the adoption of the LDRs, the City Code contained
requirements regarding aesthetic review. The former Community
Appearance Board was tasked with reviewing every application for a
permit to erect a building, structure or sign, or to materially alter
an elevation. The phrase "materially alter" was interpreted to
include any changes to a building1s color.
When the LDRs were adopted, the Community Appearance Board was
reorganized as the Site Plan Review and Appearance Board. The
applicable code sections were changed to read that SPRAB or HPB may
approve, approve subject to conditions, or deny architectural
elevations or plans for an exterior feature which requires a building
permit. The painting of a building does not require a permitj
however, Board approval of color changes has continued to be a
requirement.
The amendment specifies that SPRAB or the HPB, as appropriate, has the
authori ty to approve or deny changes in the exterior color of a
building or structure. fhe amendment also provides the authority for
the Chief Building Official' to approve color changes that are not
significantly visible from a public street.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
Recommend approval of Ordinance No. 27-93 on first reading.
S-a
'.
.
.j<
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: /DAVID T. HARDEN, CITY MANAGER
{
\\ C , j, ~ j j ~UQ;~
THRU: ~D~ ~VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
"
FROM: DIANE DOMINGUEZ, PLANNER I I I \l j~"'.~. (i . ~\ '\.'~),' ill if /
SJLu ',J \.,Y>-/ L\J ~. '. -
SUBJECT: MEETING OF MARCH 23, 1993 ~.
FIRST READING, ORDINANCE AMENDING LDR SECTION
2.4.5(1), ARCHITECTURAL (APPEARANCE) ELEVATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The affected Section is:
* 2.4.5(I)(a)&(b): Architectural (Appearance)
Elevations: Rules
BACKGROUND:
This proposed amendment would provide specific language in the
LDRs requiring Board approval of color changes to structures or
elevations. Exterior color changes have required Board approval
since the former Community Appearance Board was established in
1980, however, the language in the code has been somewhat vague
as to this requirement. This amendment would specify that the
Site Plan Review and Appearance Board (SPRAB), or the Historic
Preservation Board (HPB) as appropriate, has authority to
approve or deny changes in the exterior color of a building or
structure. Color changes that are not significantly visible
from a public street could be approved by the Chief Building
Official or his designee.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
., .
-
City Commission Documentation
LDR Amendment Re: Preliminary Engineering Plans
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board forwarded the item with a
recommendation of approval on a 6-0 vote (Felner absent).
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/ . DOC
.
ORDINANCE NO. 27-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(1),
"ARCHITECTURAL (APPEARANCE) ELEVATIONS", SUBPARAGRAPH
(1), "RULES", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE SPECIFIC LANGUAGE REQUIRING BOARD
APPROVAL OF A CHANGE IN EXTERIOR COLOR TO A BUILDING
OR STRUCTURE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section l.l.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 15,
1993, and has forwarded the change with a recommendation of approval:
and,
WHEREAS, pursuant to Florida Statute l63.3l74(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 2, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.5, "Procedures for
Obtaining Development Approvals", Subsection 2.4.5(I), "Architectural
(Appearance) Elevations", Subparagraph (1), "Rules", 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:
(I) Architectural (Appearance) Elevations:
(1) Rules:
(a) The Site Plan Review and Appearance
Board or the Historic Preservation
Board, as appropriate, may approve,
approve subject to conditions, or deny
architectural elevations or plans for a
change in the exterior color ~
building or structure, or for any
exterior feature which requires a
building permit. Exceptions to this
rule include single family residences
which are not a part of a planned
residential community; or for any
development within the single family
zoning districts; or for items
maintained on a list of exempted items
promulgated by the Director.
(b) The Chief Building Official, or his
designee, is hereby delegated the
authority to approve, approve subject
to conditions, or deny any building
permit for the following items which
would otherwise be subject to (l) (a) ,
above, other than when such items are
associated with initial approval of a
development proposal subject to site
and development plan action:
, '
--- ----~ ---..----- -~- ------_.--"---
Features and exterior color
changes which are not significantly
visible from the public street system,
facade changes which do not
significantly alter the style or image
of a structure, fences, walls, sheds,
gazebos, flagpoles, screen enclosures,
changes of roof material, changes of
roof color, public enclosures, site
lighting, awnings, canopies,
construction trailers, decks, handrails
(balcony railings), permanent hurricane
shutters, changes in exterior wall
openings to accommodate or alter
overhead garage doors, doors, windows,
dumpster enclosures, and attendant lot
landscaping.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 27-93
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MARCH 15, 1993
AGENDA ITEM: 111,0. LDR TEXT AMENDMENT ADDING SPECIFIC
LANGUAGE REQUIRING SPRAB OR HPB REVIEW OF
EXTERIOR COLOR CHANGES
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The amendment would include specific
language under Section 2.4.5 (I), Architectural
(Appearance) Elevations, requiring SPRAB review for a
change in exterior color to a building or structure.
BACKGROUND:
Prior to the adoption of the LDRs in 1990, the City's code
requirements regarding aesthetic reviews stated the following:
"the Community Appearance Board is required to review every
application for a permit to erect a building, structure or sign,
or to materially alter an elevation" [REF: Section 152.39
(B)(l)]. The phrase "materially alter" was interpreted to
include any changes to a building's color. Exterior color
changes have been required to have Board approval since the CAB
was established (1980).
When the LDRs were revised in 1990, and the Community Appearance
Board was reorganized as SPRAB, the applicable section was
changed to read that SPRAB (or HPB, as appropriate) "may
approve, approve subject to conditions or deny architectural
elevations or plans for an exterior feature which requires a
building permit" [REF: Section 2.4.5(I)(1)(a)]. The painting of
a building does not require a building permit. Board approval
of color changes has continued to be a requirement, even though
the authority for the review is not spelled out.
The proposed amendment would provide specific language requiring
SPRAB or HPB approval of color changes to structures or
features. The amendment would allow for that authority to be
delegated to the Chief Building Official or his designee when
the proposed color change is not significantly visible from the
public street system.
PROPOSED TEXT AMENDMENT:
(1) Architectural (Appearance) Elevations:
( 1) Rules:
(a) The Site Plan Review and Appearance Board or the
Historic Preservation Board, as appropriate, may
III.D.
"
P&Z Memo Staff Report
LDR Amendment RE: Board Review of Color Changes
Page 2
approve, approve subject to conditions or deny
architectural elevations or plans for a chanqe in
the exterior color of a buildinq or structure, or
for an exterior feature which requires a building
permit. Exceptions to this rule include single
family residences which are not a part of a
planned residential community; or for any
development within the single family zoning
districts; or for items maintained on a list of
exempted items promulgated by the Director.
(b) The Chief Building Official, or his designee, is
hereby delegated the authority to approve,
approve subject to conditions, or deny any
building permit for the following items which
would otherwise be subject to (l)(a), above,
other than when such items are associated with
initial approval of a development proposal
subject to site and development plan action:
Features and exterior color chanqes which
are not significantly visible from the
public street system, facade changes which
do not significantly alter the style or
image of a structure, fences, walls, sheds,
gazebos, flagpoles, screen enclosures,
changes of roof material, changes of roof
color, public enclosures, site lighting,
awnings, canopies, construction trailers,
decks, handrails (balcony railings),
permanent hurricane shutters, changes in
exterior wall openings to accommodate or
alter overhead garage doors, doors, windows,
dumpster enclosures, and attendant lot
landscaping.
Recommended Action:
By motion, recommend to the City Commission approval of the text
amendment to Section 2.4.5(I)(1)(a) and (b) to add specific
language requiring Board approval of a change in exterior color
to a building or structure.
jcm/T:TXTCOLOR
Report prepared by: Janet Meeks, Planner II
Rev iewed by DJK on: 3-\\ -S -:h
MEMORANDUM
TO: MAYQR AND CITY COMMISSIONERS
-,( . i
FROM: CITY MANAGER; /' ,
SUBJECT: AGENDA ITEM i I:J... F" - MEETING OF MARCH 23. 1993
ORDINANCE NO. 31-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by modifying Section 6.1.10 (B)(2)(d), "Fire
Protection Provisions", to bring the City's fire flow standards into
conformance with those currently accepted by the Insurance Service
Office.
This amendment is in response to changes in fire flow requirements
established by the Insurance Service Office. The new standards reduce
fire flow requirements for buildings with automatic sprinkler systems,
in order to encourage the use of such systems. Under the existing LDR
provisions, buildings with an automatic sprinkler system are
permitted to provide fire flow at 50% of the requirement for buildings
without a system. The proposed amendment would reduce that requirement
further. The effect of this change is to increase incentives for
developers to include automatic sprinkler systems in structures.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
Recommend approval of Ordinance No. 31-93 on first reading.
5-0
., '
'\
, t
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ To_HARDEN, CITY MANAGER
_'_. _~k~
THRU: D D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
<'
.~
FROM: DIANE DOMINGUEZ, PLANNER IIJ'~{li!j i-f"-U;JJ'~,
SUBJECT: MEETING OF MARCH 23, 1993 /
FIRST READING, ORDINANCE AMENDING LDR . SECTION
6.1.10(B)(2)(d), MODIFYING FIRE FLOW REQUIREMENTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs) .
The affected Section is:
* 6.1.10(B)(2)(d): Fire Protection Provisions
BACKGROUND:
This amendment is in response to changes in fire flow
requirements established by the Insurance Service Office ( I SO) .
The LDRs currently call for fire flow to be based on the 1980
ISO tables. The ISO's requirements have changed to provide
increased incentives for the use of automatic sprinkler systems.
It is appropriate to amend this section of the LDRs to reflect
those new regulations.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board forwarded the item with a
recommendation of approval on a 6-0 vote (FeIner absent).
"
........
City Commission Documentation
LDR Amendment re: Fire Flow Requirements
Page 2
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CCFIRE.DOC
-
- --~-
ORDINANCE NO. 31-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 6.1.10, "WATER
SYSTEM" , SUBSECTION 6. 1.l 0 (B) (2), "FIRE PROTECTION
PROVISIONS", SUBPARAGRAPH (d), OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO PROVIDE FOR A NEW STANDARD
REGARDING FIRE FLOW REQUIREMENTS; 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 meeting of March 15,
1993, and has forwarded the change with a recommendation of approva~;
and,
WHEREAS, pursuant to Florida Statute l63.3174(1l (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is not inconsistent with the Comprehensi\'e
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That Chapter 6, "Infrastructure and Public
Property", Article 6.l, "Design Standards and Requirements", Section
6.1.10, "Water System", Subsection 6.1.10(B), "Design Standards",
Subparagraph 6.1.l0(B)(2), "Fire Protection Provisions", Sub-
subparagraph (d), 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:
(dl Fire flow shall be based on the I~80 most recent Insurance
Service Office (ISO) table for determining fire flow
requirements. Alte~~ttt0ri/0fllftftl/~etteritls~aII/~e//~Lwen
t0It~ellte~~tte~llfttelltI0wllf0tll~~tI~tri~slle~~t~~e~//wLt~
t0~~Iete/a~t0~attt/fLtells~ttriKlet/~t0tettt0riltrillatt0t~ante
wtt~/t~ella~~t0~ttate/"att0rialllrtte/pt0tettt0riIIAss0tLatL~n
stari~at~' Buildings which are protected throuqhout with
complete automatic fire sprinkler protection in accordance
with the appropriate National Fire Protection Associatlon
Pamphlet 13 shall only be required to meet the flow
requirement within that standard. The Fire Chief may modify
fire flow requirements in consideration of unusual
circumstances or building features and process hazards.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
.,
-
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MARCH 15, 1993
AGENDA ITEM: 111.0, LOR AMENDMENT TO SECTION 6.1.10(b)(2)(D)
MODIFYING REQUIREMENTS FOR FIRE FLOW.
ITEM BEFORE THE BOARD:
The action requested of the Board is making a recommendation on
a proposed text amendment to Section 6.l.l0(B)(2)(d) of the
LDRs, regarding fire flow requirements.
BACKGROUND:
Fire flow requirements, as currently codified in the LDRs, are based
on the 1980 Insurance Service Office (ISO) table. Recently the ISO
updated their requirements, necessitating an amendment of the City's
LDRs.
The effect of this change will be to bring the City's fire flow
standards into conformance with those currently accepted by the ISO.
The new standards reduce fire flow requirements for fully
sprinklered buildings, in order to encourage the use of such
systems. Under the existing LDR provision, sprinklered buildings
are permitted to provide fire flow at 50% of the requirement for
unsprinklered buildings. The proposed amendment would reduce that
requirement further, in accordance with National Fire Protection
Association Pamphlet 13. The effect of this change will be to
increase incentives for developers to include sprinklers in
structures.
PROPOSED TEXT AMENDMENT:
The proposal, at this time, is to change LOR Section 6.l.l0(B)(2)(d)
as follows:
(d) Fire flow shall be based on the 1'80 most recent Insurance
Service Office (rSO) table for determining fire flow
requirements. A ted~ttl~ri ~t tIttt petterit _H4ZZ >>e tIien t~
tHe te~.tted ttte tl~w t~t lS.lldtrit_ e~.tpped wItH t~a\~lete
a~t~a\attt tIte _~tIr1Xlet pt~tettt~n tn att~tdar1te wItH tHe
ap~t~ptIate Katl~naZ rtte Pt~tettt~ri A__~ttatt~ri _t4r1111atlll.
Buildinqs which are protected throughout with complete
automatic fire sprinkler protection in accordance with the
appropriate National Fire Protection Association Pamphlet 13
shall only be required to meet the flow requirement within that
standard. The Fire Chief may modify fire flow requirements in
consideration of unusual circumstances or building features
and process hazards.
III.D.
~
P & Z Memorandum Staff Report
Meeting of March 15, 1993
LDR Text Amendment - Section 6.1.10(B)(2)(d)
Page 2
RECOMMENDED ACTION:
Recommend approval of a text amendment to LDR Section
6.1.10(B)(2)(d) amending fire flow requirements; as described in
this report.
Attachments:
* Letter of request
Prepared by: Jeff Perkins, Planning Technician I
Reviewed by DJK on: ~-,\\~
.t
- _._--;-~..-._--~--~-_.,-.----
~
<~r~~~;~~~ ':
[ITY DF DELHAY BEA[H
FIRE DEPARTMENT
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: MICHAEL D. CATO, DIVISION CHIEF
THRU : KERRY B. KOEN, FIRE CHIEF
DATE: MARCH 18, 1993
SUBJECT: CHANGES TO L.D.R.'S RELATED TO FIRE FLOW
REQUIREMENTS
We recently authorized the use of the new Insurance Services
Office (ISO) method for determining fire flow requirements for
the Builders Square project. Utilizing the fire sprinkler demand
based on N.F.P.A. 13/231-C. The comparison, in this case,
demonstrated a 43% reduction :In required fire flow. The o J ~~
method would have required'2,360 gpm, the new method 1,340 gpm,
The percent of change may vary from project to project, but tbfo
new method should facilitate development as well as encourage U!i
use of automatic sprinkler protection even when that protect je:~
might not be required by code.
/~4to
Division Chief
MDC/ckc
FIRE OEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRA Y BEACH. FUJRIl);"-. : '"I,:
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER / "/7 j
SUBJECT: AGENDA ITEM # IJG- - MEETING OF MARCH 23. 1993
ORDINANCE NO. 29-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by modifying Section 4.4.10 "Automotive
Commercial (AC) District II , Subsections (G) and ( H) , to provide for the
transfer of authority for waivers to certain District Regulations,
from the Planning and Zoning Board to the Site Plan Review and
Appearance Board.
The AC zoning district provides Supplemental District Regulations
regarding the screening and buffering of outside display areas, the
orientation of overhead doors, and the upgrading of site when a
building area is expanded. Along with these provisions are criteria
for the provision of waivers under certain limited circumstances. The
body given the authority for those waivers is the Planning and Zoning
Board. Requiring Planning and Zoning Board review of waiver requests
associated with a site plan involves an additional review process,
adding to the time and expense of processing a development
application. Staff believes that as these regulations involve
development standards and aesthetic consideration, not use issues, it
is appropriate to transfer the waiver authority to the Site Plan
Review and Appearance Board.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
Recommend approval of Ordinance No. 29-93 on first reading.
s' -0
, '
, .
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (1DAVID T. HARDEN, CITY MANAGER
\ t~YC)L{LK
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUEZ, PLANNER II
SUBJECT: MEETING OF MARCH 23, 1993
FIRST READING, ORDINANCE AMENDING LDR SECTION
4.4.10(G) AND ( H) , AUTHORITY FOR WAIVERS IN THE AC
(AUTOMOTIVE COMMERCIAL) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations ( LDRs) .
The affected Sections are:
* 4.4.10(G)(1)(b)&(c): Outside Display
* 4.4.10(G)(4)(a): Locational Restrictions
* 4.4.10(H)(3): Compliance Upon Expansion of Building Area
BACKGROUND:
This amendment will transfer authority for certain specific
waivers to regulations contained within the AC (Automotive
Commercial) zoning district, from the Planning and Zoning Board
to the Site Plan Review and Appearance Board (SPRAB) . The
affected regulations involve development standards and not use
issues, and apply to projects requiring site plan review.
Requiring Planning and Zoning Board consideration of a waiver
request associated with a site plan involves an additional
review process that is not really necessary. This amendment
will allow those waivers to be considered by SPRAB concurrent
with that Board's review of the development plan. As with all
SPRAB actions, the waivers can be appealed by the City
Commission if desired.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
"
. .
city Commission Documentation
LDR Amendment re: Authority for Waivers in AC District
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board forwarded the item with a
recommendation of approval on a 6-0 vote (Felner absent).
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CCWAIV.DOC
.
-- .- ....-
ORDINANCE NO. 29-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, A.."lDlDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4 . 4 . 10, "AUTOMOTIVE COM!1ERC:,\L
(AC) DISTRICT", SUBSECTIONS IG) AND (H), OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE
TRANSFER OF AUTHORITY FOR WAIVERS TO CERTAIN DISTRICT
REGULATIONS, FROM THE PLANNING AND ZONING BOARD TO THE
SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Plannlng 3 ~
Zoning Board reviewed the subject matter at its meeting of March 1
1993, and has forwarded the chang~- with a recommendation of approv.a ;
and,
WHEREAS, pursuant to Florida Statute 163.3174(l)(cl, ~he
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers ~he
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.10, "Automotive Commerc13l
(AC) District", Subsection 4.4.l0(G), "Supplemental Distrlct
Regulations", Subparagraph (1), "Outside Display", Sub-subparagraphs
(b) and (c), of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same L5
hereby amended to read as follows:
(G) Supplemental District Regulations: The supplement31
district regulations as set forth in Article 4.6 shall apply except
as modified and added to herein.
II) Outside Display: Outside display areas for sale,
lease, or rental of vehlcles shall be designed as follows:
lal Such areas must be separated from all
adJacent streets, asphalt, or vehicular use
areas by a hedge or berm at least three feet
high and trees planted at least 40 feet on
center. However, the hedge may be planted
at such a location that at least 24 lnches
of the hedge is above the finished grade of
the adJacent parking area.
Ib) Such areas must be separated from all
residential zoning districts, whether or not
separated by a street or alley, by a SlX
foot high, solid masonry wall wlth
decorative finished surfaces (e.g., stuccoed
and capped) on both sides. Where the
display area is separated from resldentlal
zoning districts by an arterial or collector
right-of-way, or under other singular
circumstance, the wall may be waived by the
'Z_~~L~~/_~d/Z~~L~~//8~_t. Site Plan Review
and Appearance Board concurrent with slte
plan approval action.
(c) The depth of the landscape strip between the
car display and the ultimate right-of-way
shall be as provided in Section 4.3.4(H) (6).d
"
- - ----- - ---- -- --- '- -- - ---
-~- ---- - - ~-_._- ---- --------
(1 ) As an alternative to the soec~a~
landscape setback provisions in Sec~~;)~
4.3.4(H)(6), for lots W1 th a dept:-t ~:-.
excess of 250 feet, the outdoor jiSF:"3~:'
area may be allowed to encroac:-t ~~::;)
the required landscaped setback up ":.:J
50%, so as to form a scalloped e::ec":..
Howeve r , the total amount of ,~ree:;
space required along the right-of-.....ay
may not be reduced. In no case :nay -:~.e
car display area encroach closer -::--.a::.
ten feet to the ultimate right-of-way.
(2 ) Further, the 'lariritri~/ari~/l0ritn~/e~atd
Site Plan Review and Appearance Bear::
may waive or reduce the s[.Jecla~
laz:,dscape setback provision on eX1s.tl~g
sites or for additions to eX1stl~g
sites where it can be demonstrated that
it is not feasible to comply due to
physical constraints on the site.
Section 2. That Chapter 4, "Zoning Regulations", Art1cle
4.4, "Base Zoning District", Section 4.4.10, "Automotive Comrnerc1al
(AC) District", Subsection 4.4.101G), "Supplemental Distr1ct
Regulations" , Subparagraph (4) , "Locational Restrictions",
Sub-subparagraph (a) , 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:
(4 ) Locational Restrictions:
(a) Repair facilities and paint and body shops shal.l
be located at least 100 feet from an,;:
residentially-zoned lot. Service bay doors shall
not be oriented toward any adJacer.t
residentially-zoned property, except whe=-e
currently existing, nor oriented toward a~"
adjacent public street unless it can be
demonstrated to the 'lariritri~/and//l0riLn~/!e0atd
Site Plan Review and Appearance Board that it lS
not feasible to comply.
Section 3. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.10, "Automotive Comrnerc1al
lAC) District", Subsection 4.4.10(H), "Special Regulat1ons" ,
Subparagraph (3) , "Compliance Upon Expansion of Building Area", of
the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(3 ) Compliance Upon Expansion of Building Area: Whe~
there is not a change of use, but there is an expansion of
building area and such expansion involves an increase . "
total floor area of 30%, or greater, in a cumu la t l':e
amount, than that which existed as of April 14, 1987, the
entire site shall be brought into compliance with the
standards and supplemental regulations of this Section. If
such expansion is less than 30%, the standards and des1g~
portions of the supplemental regulations shall apply or.l'!
to that portion of the site which is adjacent to ar'.d
required to be improved to comply with landscape and
parking requirements made necessary by the addition. This
provision for total site upgrading may be waived by the
'lariritri~/arid/Z0ritri~/80atd Site Plan Review and Appearance
Board in instances where because of the small size of the
strliCture in relationship to the totality of the site, the
upgrade is infeasible or impractical.
- 2 - Ord. No. 29-93
.
--' --~.~---- ---_.----- --- -
_. -- _._- -- -----
Section 4. That should any section or provis~on of ~:-::s
ordinance or any portion thereof. any paragraph, sentence or word :::e
declared by a court of competent Jurisdiction to be invalid, S"J.C:".
decision shall not affect the validity of the rema~nder hereof 3.S 3.
whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordi~a:;ces
which are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effec~l":e
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and : 1 :-'.3 ~
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 29-93
'. '
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MARCH 15, 1993
AGENDA ITEM: 111.0. LOR TEXT AMENDMENT TRANSFERRING AUTHORITY
FOR WAIVERS TO CERTAIN AC (AUTOMOTIVE COMMERCIAL)
DISTRICT REGULATIONS, FROM THE PLANNING AND
ZONING BOARD TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD
ITEM BEFORE THE BOARD:
The item before the Board is that of making a'
recommendation to the City Commission regarding a
proposed text amendment change to the LDRs. The change
would formally transfer authority for waivers to particular
AC Supplemental and SpeCial District Regulations from the
Planning and Zoning Board, to the Site Plan Review and
Appearance Board (SPRAB).
BACKGROUND:
The Automotive Commercial zoning district provides Supplemental
District Regulations regarding the screening and buffering of
outside display areas [REF: Section 4.4.10(G)(I)(b) and (c)(l)
and (2) ] and the orientation of overhead doors [Section
4.4.10(G)(4)(a)], as well as Special Regulations requiring the
upgrading of a site in association with an expansion of building
area [4.4.10(H)(3)]. These regulations contain provisions for
waivers under certain limited circumstances. The body given the
authority for those waivers is the Planning and Zoning Board.
There are many cases in which these regulations would apply to
development proposals which would otherwise be going through the
site plan approval process only. Requiring Planning and Zoning
Board review of a waiver request associated with a site plan
involves an additional review process, adding to the time and
expense in processing a development application. As these
regulations involve development standards and aesthetic
considerations, and not use issues, it is appropriate to
transfer the waiver authority to the Site Plan Review and
Appearance Board (SPRAB).
In brief, the proposed amendment would transfer to SPRAB the
authority to waive the following development standards:
* Requirement for a wall between outside display areas
and residential zoning districts, under circumstances such
as those in which the residential zone and the display area
are separated by an arterial or collector street;
III.D.
P&Z Board Memorandum Staff Report
LOR Text Amendment Re Change in Authority
for Waivers in AC Zoning District
Page 2
* Requirement for special landscape setback, to be applied
to existing sites only, where it is demonstrated that it is
not feasible to comply due to site constraints.
* Requirement to orient repair bay doors away from any
adjacent public street, when it is demonstrated that it is
not feasible to comply.
* Requirement to upgrade the entire site in conjunction
with a 30% or greater expansion in building area, in
instances in which the size of the addition in relation to
the total site makes it infeasible or impractical to
comply.
The waivers would be acted upon concurrent with action on the
site plan. The Board's decisions on waivers would be included
in the regular report to the City Commission regarding Board
actions, and would be subject to the Commission's appeal
authority.
PROPOSED TEXT AMENDMENT:
Section 4.4.10(G) (Supplemental District Regulations)
( I) Outside Display: Outside display areas for sale,
lease, or rental of vehicles shall be designed as follows:
(a) Such areas must be separated from all adjacent
streets, asphalt, or vehicular use areas by a hedge or
berm at least three feet high and trees planted at
least 40 feet on center. However, the hedge may be
planted at such a location that at least 24 inches of
the hedge is above the finished grade of the adjacent
parking area.
(b) Such areas must be separated from all residential
zoning districts, whether or not separated by a street
or alley, by a six-foot high, solid masonry wall with
decorative finished surfaces (e.g. , stuccoed and
capped) on both sides. Where the display area is
separated from residential zoning districts by an
arterial or collector right-of-way, or under other
singular circumstance, the wall may be waived by the
'laftftlft~ aftfl Zfiftlft~ Bfiatfl Site Plan Review and
Appearance Board concurrent with site plan approval
action.
~_. .---- ~----
(c) The depth of the landscape strip between the car
display and the ultimate right-of-way shall be as
provided in Section 4.3.4(8)(6).
'I '
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Change in Authority
for Waivers in AC Zoning District
Page 3
( I) As a alternative to the special landscape setback
provisions in Section 4.3.4(H)(6), for lots with
a depth in excess of 250 feet, the outdoor
display area may be allowed to encroach into the
required landscaped setback up to 50%, so as to
form a scalloped effect. However, the total
amount of green space required along the
right-of-way may not be reduced. In no case may
the car display area encroach closer than ten
feet to the ultimate right-of-way.
(2) Further, the 'laftftlft~ aftd Zfiftlft~ Bfiatfl Site Plan
Review and Appearance Board may waive or reduce
the special landscape setback provision on
existing sites or for additions to existing sites
where it can be demonstrated that it is not
feasible to comply due to physical constraints on
the site.
(4) Locational Restrictions:
(a) Repair facilities and paint and body shops shall
be located at least 100 feet from any
residentially-zoned lot. Service bay doors shall
not be oriented toward any adjacent
residentially-zoned property, except where
currently existing, nor oriented toward any
adjacent public street unless it can be
demonstrated to the 'laftftlft~ aftfl Zfiftlft~ Bfiatfl
Site Plan Review and Appearance Board that it is
not feasible to comply.
Section 4.4.l0(H) (Special Regulations)
(3) Compliance upon Expansion of Building Area: When
there is not a change of use, but there is an expansion of
building area and such expansion involves an increase in total
floor area of 30%, or greater, in a cumulative amount, than that
which existed as of April 14, 1987, the entire site shall be
brought into compliance with the standards and supplemental
regulations of this Section. If such expansion is less than
30%, the standards and design portions of the supplemental
regulations shall apply only to that portion of the site which
is adjacent to and required to be improved to comply with
landscape and parking requirements made necessary by the
addition. This provision for total site upgrading may be waived
by the 'laftftlft~ aftfl Zfiftlft~ Bfiat4 Site Plan Review and Appearance
Board in instances where because of the small size of the
structure in relationship to the totality of the site, the
upgrade is infeasible or impractical.
. .
P&Z Board Memorandum Staff Report
LDR Text Amendment Re Change in Authority
for Waivers in AC Zoning District
Page 4
RECOMMENDED ACTION:
By motion, forward the proposed text amendment as presented in
this staff report to the City Commission with a recommendation
of approval.
Report prepared by Diane Dominguez 'J - \'\- ~~
Report reviewed by David J. Kovacs on: '-::>
/T:TXT4410.DOC
" '
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/~h I
SUBJECT: AGENDA ITEM i \a+\ - MEETING OF MARCH 23. 1993
ORDINANCE NO. 28-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by deleting Section 2.4.7 (F) (2) (a-d) which
provided the mechanism for obtaining special relief from improper
regulations.
The LDR provisions which established this mechanism for relief, also
included a sunset clause which states that the provisions would cease
to exist on May 1, 1992, unless otherwise extended by the City
Commission. The special relief process was used 16 times over a 2 1/2
year period; with most of the activity occurring in 1991. It appears
that the majority of corrective actions have been taken, and that the
special relief process is no longer necessary.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
Recommend approval of Ordinance No. 28-93 on first reading.
mcrton to ~ td l-/ /13/93
f4r I;; elf r ~
.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: /-- DAVID T. HARDEN, CITY MANAGER
(.. . Jk
.. N1J, 'oQI"t-
THRU: DAVI . KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
~)
FROM: DIANE DOMINGUEZ, PLANNER . ~
SUBJECT: MEETING OF MARCH 23, 1993
FIRST READING, ORDINANCE DELETING LDR SECTION
2.4.7(F)(2), RELIEF FROM IMPROPER REGULATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs) .
The affected Section is:
* 2.4.7(F)(2)(a-d): Relief from Improper Requlations
BACKGROUND:
This amendment will delete a section of the LDRs that provided
an expedited means of correcting errors associated with the 1990
Citywide rezonings. The rezonings affected numerous properties
throughout the City, and it was anticipated that some of those
properties might have received an incorrect zoning designation.
This section of the LDRs created the Special Adjustment Advisory
Board, which met on an as-needed basis to review corrective
changes. The special relief provisions included a sunset date
of May I, 1992, unless extended by the City Commission. The
provisions have not been extended, and it appears that most of
the corrective actions have been taken.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item its
meeting of March IS, 1993. The Board forwarded the item with a
recommendation of approval on a 6-0 vote (FeIner absent).
,
-,
city Commission Documentation
LDR Amendment re: Relief From Improper Regulations
Page 2
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CC247F.DOC
.
ORDINANCE NO. 28-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.7,
"PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH
PORTIONS OF THE LAND DEVELOPMENT REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SUBSECTION 2.4.7(F)(2), "RELIEF FROM IMPROPER
REGULATIONS", IN ITS ENTIRETY; 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 meeting of March 15,
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 2, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.7, "Procedures for
Obtaining Relief From Compliance with Portions of the Land
Development Regulations", Subsection 2.4.7(Fl, "Special provisions",
Subparagraph (2) , "Relief from Improper Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in ~ts
entirety.
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 3.
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
"
...
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MARCH 15, 1993
AGENDA ITEM: III.D LDR AMENDMENT DELETING SECTION
2.4.7(F)(2); RELIEF FROM IMPROPER REGULATIONS
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on a proposed text
amendment to delete Section 2.4.7(F)(2)(a-d) of the Land
Development Regulations, which provided a mechanism for
obtaining special relief from improper regulations, and
established a date on which the provisions for that special
relief would sunset.
BACKGROUND:
In October 1990, the City's new Land Development Regulations and
Citywide rezoning came into effect. The changes were
significant, and properties throughout the entire City were
affected. With such widespread changes, it was anticipated that
errors within the text or on the Official zoning Map may occur.
In order to expedite the correction of such errors, the Special
Adjustment Advisory Board was created. This Board consisted of
the Chief Building Official, a City Commission member and a
Planning and Zoning Board member, who would meet on an as-needed
basis to consider LDR and zoning map changes which were
corrective in nature. The Board was authorized to consider the
corrective amendment or zoning change, and either reject it or
forward it directly to the City Commission. The Commission
could then correct the error through an emergency ordinance.
The LDR provisions which established this mechanism for relief,
Section 2.4.7(F)(2)(a-d), include a sunset clause stating that
the provisions would cea~e to exist on May I, 1992, unless
otherwise extended by the City Commission. The special relief
process was used 16 times over a two-and-a-half year period,
wi th most of the activity occurring in 1991. It appears that
the majority of the corrective actions have been taken, and that
the special relief process is no longer necessary. As the
provisions have not been extended, this text amendment will
delete Section 2.4.7(F)(2)(a-d) from the LDRs.
PROPOSED TEXT AMENDMENT:
Deletion of Section 2.4.7(F)(2)(a-d) (copy attached).
RECOMMENDED ACTION:
By motion, recommend approval of the text amendment deleting
LDR Section 2.4.7(F)(2)(a-d) to the City Commission.
Attachments: LDR Section 2.4.7(F)(2)(a-d)
Report prepared by: Di~')~ingUeZ IILD.
Reviewed by DJK on: '
\
.
Section 2.4.7 (F) ( 2)
(2) Relief from Improper Requlations: Acknowledging
that upon adoption of these revised Land Development Regulations,
it is possible and probable that errors occurred such that a
change to existing regulations or provisions of previous codes
were changed or new regulations or provisions were enacted which.
inadvertently create undue hardship which would be reversed by a
subsequent text amendment, special relief may be granted by the
City Commission as follows:
(a) Special Adjustment Advisory Board Created: A
Special Adjustment Advisory Board is hereby created. It shall
consist of the Chief Building Official, a City Commission Member,
and a Planning and Zoning Board Member. The City Commission
Member shall be appointed by the Commission and the Planning and
Zoning Board Member shall be appointed by the Planning and zoni,ng
Board.
(b) Powers: The Special Adjustment Advisory
Board shall have the power, by a unanimous vote, to place before
the City Commission any provisions of these Land Development
Regulations, including designations on the Official Zoning Map,
which in its judgement were inappropriately or inadvertently
changed or approved.
(c) Procedure: A request for action by the Board
may be made by any citizen or by the City Manager. The request
shall be in writing and shall identify the affected Section, the
regulation or provision, and basis upon which such provision
should be set aside or amended. The request shall be delivered
to the Director who shall present the request to the Board. The
Board shall review the request and either reject it or forward it
to the City Commission who may deny the request or effect it
through the adoption of an emergency ordinance, pursuant to
adopted procedures for such ordinances. If the request is not
forwarded by the Board, the applicant may seek relief through the
process of an amendment initiated by the City Commission or the
Planning and Zoning Board and subject to the full hearing
process. In the case of a major amendment the property owner may
pursue rezoning of the property.
(d) Sunset: Unless otherwise extended by action
of The City Commission to amend this Subsection, the provisions
of Section 2.4.7 (F) (2) shall cease to exist on May 1, 1992.
Applications made prior to the date will be reviewed in
accordance with this section.
Amd. Ord. 64-91 09/24/91
Rev. 10/11/91
. '
I
CITY RTTORNEY'S OFFICE TEL t<,jo. 407 27::: 4755 t'1ar- 19~'~~3 17:::11 P. el2
. . . f)~
iY7v\
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW h! AVENUE' DEI-RAY BEACH. FLORIDA 33444
FACSIMILE 407!271l-4 755 Writerls Direct Line
(407) 243-7092
MEMORANDUM
Date: March 19, 1993
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Settlement of Atlaryt!c Plaza, ltd. "'lairn
,- ~--
~'he City Commission previously approved a settlement of
~tlantic Plaza, Ltd.'s nuisance claim in the amount of $50,000.
The claim arose out of alleged odors emanating from the City's
lift station at Veteran's Park. Atlantic Plaza, Ltd. claimed
business damages in excess of $200,000 as a result of the odors
wafting over into the Plaza.
The City Commission's agreement to settle the claim \vas
contingent upon the City receiving certain releases and h)lcl'
harmles~~reements from Atlantic Plaza and its tenarts. Prlor
to receiving the necessary releases a.nd hold harmL)ss
agreements, Atlantic Plaza, Ltd. lost its interest and title in
Atlantic Plaza. This situation brought into question the
viability of the settlement with Atlantic Plaza.
After reviewing the situation, our office has concluded that
settlement is still appropriate so long as the General
Partnership, Eassa Properties, enters into a hold harmless anCi
indemnification agreement, along with Atlantic Plaza, Ltd. The
General Partners of Eassa Properties are Alexander A. Simonj
Jr. , Ernest G. Simon, ROy M. Simon and Charles J. Simon.
~~"4:~'~J'i~~~~ c~~=~~ t.~;8~rk:t~~\!CfA.t!~f~~~' ~o &hf~;
ceJntrary',we will proceed with execution of the hold harmless
agreements and release of the check in the amoun~ of $50,000.
Should you have any questions concerning this matter, please ,jo
not hesitate to contact our office.
JSKtsh
cc: David Harden, City Manager
Lee Graham, Risk Manager
City, the only cause of action under that statute now lies with
the State and the City could not proceed with its litigation, so
he granted a summary judgment. Unfortunately, that summary
judgment did not take place until a year into the matter. At
that point in time the defendants had expended considerable
attorney's fees. Judge Rodgers agreed with their argument that
they were entitled to recover attorneys fees for defense of the
entire matter for the entire time. Those total fees were
$144,000 and $65,000. The City appealed those decisions. The
Fourth Court of District Appeal did not find merit in the City's
arguments, so the City is now faced with the situation of having
to pay those attorney's fee. The City Attorney does not believe
there are good grounds to go forward and that the City would be
wasting money appealing to the Supreme Court.
The City Attorney stated that he has asked the lead
council for the State, if they are successful in recovery, to
refund the City 100% of the cost for attorney's fees. In addi-
tion, he had discussed going to the State Legislature and showing
them this case and showing them the injustices in the legisla-
tion. The total expenditures for this case as far as clean up
and the pursuit of recovery of costs is approximately in the $4.5
to $5 million range.
Dr. Alperin questioned where the money was corning from.
In response the City Manager stated that the funding would corne
from the surplus of the Water and Sewer Fund.
Mr. Mouw questioned when the State's case would corne
up. The City Attorney stated that he anticipates the case would
be tried wi thin the next six months or so. He is also hopeful
there will be a settlement.
Dr. Alperin moved to not appeal the Fourth District
Court of Appeal's rulings on the attorney's fees and cost issues,
seconded by Mr. Mouw. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Ellingworth - Yes i Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
~ Settlement Offer/Atlantic Plaza. The Commission is to
consider a settlement offer from Atlantic Plaza.
The City Attorney advised that Atlantic Plaza made a
claim with respect to an odor emanating from the City's Lift Sta-
tion at Veterans Park and wafting over their plaza during 1991.
They have hired experts and claim total damages in excess of
$200,000. The majority of those damages are highly speculative.
If, however, they do prove liability, there is probably $35,000
to $40,000 in damages which would be difficult to contest. In
addition, the City faces the possibility of Atlantic Plaza seek-
ing their costs and attorney's fees with respect to litigating
the matter.
-22- 12/08/92
" '
The City Attorney stated the $50,000 settlement is the
maximum he would recommend, subject to securing releases from all
potentially affected tenants, Atlantic Plaza and Sandy Simon
personally, as the General Partner for Atlantic Plaza, Limited.
Dr. Alperin moved to approve settlement in the amount
of $50,000, subject to receipt of appropriate releases, seconded
by Mr. Mouw. Upon roll call, the Commission voted as follows:
Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to
1 vote.
.2.JL. Purchase of Portable Radios. The Commission is to
consider the purchase of 115 new portable radios for the Police
Department.
The City Manager stated that the bulk of our existing
radios were purchased in 1983 or earlier. Normal life expectancy
is around seven years. Staff has been experiencing alot of
problems with the radio system and it is because of the age of
the radios to a large degree. Motorola has offered a five year
lease purchase arrangement and because the City is getting new
radios, enough would be saved on the maintenance cost, that the
. total annual increase cost the first three years would be
$6,155.96.
Dr. Alperin moved for approval of the radio purchase
wi th the cost increase of $6, 155.96, pending further review I
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Dr. Alperin - Yesj Mr. Ellingsworth - Yesj Mr.
Randolph - Yes j Mayor Lynch - Yes; Mr. Mouw - Yes. The motion
passed with a 5 to 0 vote.
The City Manager noted that staff was also looking at
other financing options. If someone else will offer a better
deal on the financing a little bit may be saved there as well.
~ Comments and Inquiries on Non-Aqenda Items:
13.A.1. Dr. Alperin had no comments or inquiries.
13.A.2. Mr. Mouw had no comments or inquiries.
13.A.3. Mr. Randolph had no comments or inquiries.
13.A.4. Mr. Ellingsworth thanked the Commission for recognizing
Mr. Machek. He also provided the Commission with the schedule
for the opening of Morikami. There are 31 delegates coming from
our Sister City of Miyazu, Japan. The Commission may want to
consider attending some of the events scheduled. He also sug-
gested the need for the City to take a more proactive approach to
some of the development issues the City will be faced with as
more projects come on line (such as Builder I s Square) or get
-23- 12/08/92
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