12-01-92 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 1. 1992 - 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 corne up to
the podium to make your comments, kindly complete the sign-in sheet if
you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addre s sed 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
12/1/92
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearingl such persons will need a record of these
proceedings 1 and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is madel which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes: None.
6. Proclamations: None.
7. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
A. INITIATION OF REZONING: Authorize staff to initiate rezoning
from a portion of Abbey Delray South from RL (Low Density
Residential) zone district to CF (Community Facilities) zone
district.
~B. EXTENSION OF BANKING SERVICES AGREEMENT: Extend the banking
~~~services agreement with Barnett Bank until September 301 1993.
9. Regular Agenda:
~ REOUEST FOR EXTENSION OF CONDITIONAL CERTIFICATE OF
CUPANCY: Consider a request for a 30 day extension, until
December 31, 1992, of the Conditional Certificate of Occupancy
for the Sundy House. City Manager recommends approval.
~ RENEWAL OF GOLF COURSE MANAGEMENT AGREEMENT: Consider a five
ear renewal of the Golf Course Management Agreement with BJCE,
Inc. in the amount of $50,600 (January-September 1993); with
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City Commission
Regular Meeting
12/1/92
funding from Golf Course Other Professional Services (Account No.
445-4711-572-31.90).
~. REOUEST TO ELIMINATE PUBLIC PARKING: Consider a request to
eliminate the public parking on the north side of Lowry Street
between Basin Drive and the Intracoastal Waterway.
~ DRAIH6~~ .HfBQYM~N~~<1BQe.C HARaRE; Provide direction with
regard to the reconstruction of the drainage system and pavement
restoration at the Tropic Harbour Condominium.
~ ADDITIONAL RIGHT-OF-WAY IN. E. 1ST STREET: Consider
ransferring land from the description of Veteran's Park to N.E.
1st Street in order to accommodate a parking area adjacent to
Veteran's Park and waiver of the perimeter landscape requirements
to allow a five foot landscape strip between the right-of-way and
the lawn bowling courts in Veteran's Park instead of the ten feet
normally required. City Manager recommends approval.
I ~ APPOINTMENT OF A MEMBER TO THE CODE ENFORCEMENT BOARD:
ppoint a member to the layperson position to fill the expiring
term of Tim Onnen to a term ending January 13, 1996.
~
10. Public Hearings:
Q. ORDINANCE NO. 64-92: An ordinance amending the
Waterford/Delint SAD in conjunction with the Builder's Square
proposal. Planning and Zoning Board recommends denial.
~e ORDINANCE NO. 60-92: An ordinance approving amendments to
Community Redevelopment Agency's Plan. Planning and Zoning
Board recommends approval.
C. ORDINANCE NO. 63-92: An ordinance adopting Comprehensive
Plan Amendment 92-2. Planning and Zoning Board recommends
approval.
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.
@ First Readings: NORO. 6E~ HODEnOUfY) -
@ Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D. Municipal and County Issues
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - DECEMBER 1. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE FIRST READING PORTION OF THE AGENDA IS AMENDED TO INCLUDE:
A. ORDINANCE NO. 65-92: An ordinance amending Section 35.098
of the Code of Ordinances to provide that effective January 1 ,
1993, employees or beneficiaries of employees who retired prior
to that date, shall have their monthly amount of retirement
income increased by 5% over the gross amount they were receiving
in December 1992. Provided however, that all employees
regardless of retirement date shall receive a minimum monthly
retirement amount of at least $400. If passed public hearing
December 8th.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfI)(A
SUBJECT: AGENDA ITEM ~ 8A - MEETING OF DECEMBER 1. 1992
AUTHORIZATION TO INITIATE REZONING/ABBEY DELRAY SOUTH
DATE: November 25, 1992
At the November 17th meeting the Commission approved, on second
reading, Ordinance No. 54-92 which rezoned property located west of
Congress Avenue on the south side of Linton Boulevard (Abbey Delray
South property) from PRD (Planned Residential Development) zone
district to CF (Community Facilities) zone district.
Subsequently, we have received a request for the City to initiate
a rezoning of Parcels "N" and "X" of Abbey Delray South from RL
(Residential - Low Density) to CF (Community Facilities). The subject
property contains 40 villas on individually platted lots. The basis
for the request is to bring the entire site under a single zoning
designation.
Recommend authorization to initiate rezoning for Parcels "N" and "X"
of Abbey Delray South from RL (Residential - Low Density) zone
district to CF (Community Facilities) zone district.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: QT' HARDEN, CITY MANAGER
,.~~
THRU: J D J. VACS, DIRE OR'
~~ P~ING AND ZONING
FROM: D'~I
SUBJECT: MEETING OF DECEMBER 1, 199
REZONING FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW
DENSITY) TO CF (COMMUNITY FACILITIES) FOR ABBEY DELRAY
SOUTH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the initiation of a
rezoning from RL (Multiple Family Residential - Low Density) to
CF (Community Facilities).
The subject property is Parcels "W" and "X" of Abbey Delray
South, a Continuing Care FaCility, Nursing Home, and Residential
development with a total area of approximately 30 acres. It is
located west of Congress Avenue, on the south side of Linton
Boulevard.
B A C K G R 0 U N D:
At its meeting of October 8, 1979, the City Commission approved,
pursuant to PRD-10 zoning, a conditional use request and site
and development plans for Abbey Delray South. The approval
allowed a Life Care Retirement Community. The development
consists of three components:
* a 248 unit continuing care facility on 16.5 acres;
* a 60 bed nursing home on 1.5 acres; and
* 40 villas with individually platted lots on 12.4 acres.
In October 1990, the continuing care and nursing home facilities
were rezoned to PRD (Planned Residential Development), and the
villas to RL (Residential-Low Density), as part of the Citywide
rezoning and adoption of the Land Development Regulations.
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City Commission Documentation
Initiation of Rezoning
Page 2
Project Description:
In June of this year, the Planning Department received a sketch
plan review request from Abbey Delray South to allow the
following modifications to the site:
* the addition of four (4) single family villas;
* a 12,224 sq. ft. 30 bed addition to the existing Nursing
Home; and
* a 576 sq. ft. maintenance building.
As the project was being reviewed for technical compliance, it
was discovered that neither nursing homes nor continuing care
facilities were allowed as permitted or conditional uses in RL
or PRD zoning districts. As a result, the existing development
would be considered a non-conforming use, and could not be
expanded.
A rezoning of the PRD portion of the site to CF was initiated by
the Commission at its meeting of September 21, 1992. The
rezoning was approved on second reading at the November 17, 1992
meeting.
The owners have now requested a rezoning of the villas from RL
to CF, in order to bring the entire site under a single zoning
designation.
S T A F F R E COM MEN D A T ION:
By motion, initiate a rezoning of Parcels "W" and "X" of Abbey
Delray South from RL (Multiple Family Residential - Low Density)
to CF (Community Facilities).
Attachments:
* Location Map
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER r)J'v!1
v \
SUBJECT: AGENDA ITEM it <CB - MEETING OF DECEMBER 1. 1992
RENEWAL OF BANKING SERVICES AGREEMENT/BARNETT BANK
DA TE : November 25, 1992
This item is before you to approve the renewal of the banking services
agreement with Barnett Bank of Palm Beach County until September 30,
1993.
The Bank has offered an agreement from now until September 30, 1994,
with the option to extend the agreement for an additional year by
mutual consent. It has been a number of years since we last took bids
for banking services. Therefore, I recommend entering into this
agreement to expire September 30, 1993, with the option to extend it
an additional year. Our intention then would be to take bids for
these services next summer. If it turned out not to be a good time
for bidding these services for whatever reason, we would have the
option of a one year extension.
Recommend approval of the extension of the banking services agreement
with Barnett Bank of Palm Beach County until September 30, 1993.
R (!mOi.JW t,eom HCJ rel)o!t i'f
Ci~ fH-f-oenEy . ?E-ChEC~
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REGULAR MEETING
DECEMBER 1, 1992
PLEASE REPLACE BACKUP MATERIAL FOR ITEM 8B WITH ATTACHED.
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MEMORANDUM
To: David T. Harden
City Manager
From: ~~::~~o~'o~~
Subject: Banking Services Agreement
Date: November 23, 1992 (Revised)
The City's Banking Services Agreement with Barnett Bank has come up for
renewal. Barnett Bank has offered the City an extension of our contract
through September 30, 1993 with a one year option to renew. The changes in
the fee structure will be effective January 1, 1993 through the option
renewal period ending September 30, 1994.
The current cost for banking services is approximately $60,000 per year.
Of that total, an approximate amount of $24,000 pertains to lockbox
services. Barnett Bank has increased the charges relating to the lockbox
service as well as charging the City .75% off the interest rate earned by
the Master Repurchase Agreement, an increase of .25%.
The effect of the contract changes are as follows:
1.) An increase in lockbox charges of approximately $15,000 for the nine
month period or $20,000 on an annualized basis, bringing the total cost
associated with the lockbox services up to approximately $43,000 per year.
2. ) An increase in the Repurchase Agreement Charge would cause a soft cost
in lost interest of $2,500 per million invested. The City maintains a
monthly Repurchase Agreement average balance of $2,500,000 and therefore,
the cost would be $4,700 through September 30, 1992 or $6,250 on an
annualized basis.
We currently have $60,000 in the budget for banking services. The revised
agreement would require an additional $15,000 to cover the hard costs. To
provide the additional funding, we will charge the Sanitation Fund since
this Fund has not been charged for this service in the past (see the
attached budget transfer). In addition, we are considering the following
options in order to cut the cost involved with the lockbox:
1.) hiring a new employee to process the lockbox receipts.
2.) convert the utility bills to a scannable document.
3. ) a combination of both 1.) and 2.).
In light of the increase in charges, we feel that these costs are
competitive in the market place. We have surveyed other banks that provide
this service and have found that their fees are competitive with Barnett
Bank. We have also been very happy with the Barnett Bank's level of
service, and we, therefore, recommend the extension of the banking contract
with the one year option to renew.
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AGREEMENT FOR BANKING SERV1CI:"..S
e.DDENDUM
This agreement made this 25th day of September, 1992. between the City of
Delray Beach. 100 N. W. ht Avenue, Delray Heach, Florida 33444. hereinafter
"Chy" and Barnett Bank of Palm Beach County. 62S Flagler. West Palm Bendl,
Florida 33401, hereinafter "Bank" provides for an Addendum to the contract
with the City dated November 1987. Changes. additions. revisions to the
original contract is outlined below.
1. BANKING AND TRUST SERVICES; T~ OF AGREEMENT
The Bank agrees to provide banking services to the City for a period of otle
year, commencing on October 1, )992 and terminating on September 30, 1993.
The Contract may be extended beyond the contract period for up to an
additional twelve (12) months by mutual written consent with the same terms
of the a;reemenL
II. CHARGES FOR SERVICES
The charses outlined in the Cost of :Banking Services Proposal (AuacJunent A)
shall remain unchanged effective January J, 1993 through September 30, 1994.
Pricing will be reviewed on an annual basis thereafter. Additional 2iel'viccs
provided to the City will be priced and agreed upon at the lime the service is
implemented. FDIC Insurance fee's are subject to adjustment if 'inereal\ed by
FDIC. Negative collccted balances are calculated daily and charged at a rate of
prime rate plus two percent.
V. INVEST~NT SERVICES TO BE PROVIDED
C ~wc~p Account T~pe The total balance over the target sel to pay for
bank services wilJ be invested in the investment vehicle selected by lhe City.
_____ Repurchase Agreement . $100.000 minimum investment with
increments of whole dollars thereafter. The j merest rate established for the
Account shall be determined from the average of the high and low Federal
Punds Rate for the previous week. as published by Barnett Bank and shall
remain in effect until a new average rale is published. The formula to be used
'.
for calculating the amount for tbe dally repurchase agreement is : Federal
Fund!; Rate (x.xx%) minus .2.i.
- Mouey Market Fund - $25.000 minimum inve~Ullcnt with increment!; of
whole doUars thereafter. The interest rate established for the Account sball he
dctenniucd from the type of fund selectcd; Emerald Treasury Shares or
Emerald Primc Shares. Daily rales are provided by callina 1-800-367-5905.
IN WITNBSS WHERUOP, the parties have hereunto executed this Agreement the
day and year above written.
A1'T'EST:
CITY OF DELRA Y BEACH
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Witness
DARNE'IT BANK. OF PBCO.
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Witness
Date: ~--~ ---- Dale: -
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Agenda I tem No _ :
AGENDA REQUEST
Da te : 11/24/92
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda ltem. (who, ~hat, where,.how much)-
Approval of extension of bank~ng serv~ces contract w~th Barnett nank
of Palm Beach County to expire September 30, 1993 w1~h a one yeaL
option to renew.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommenda tion: Recommend the contract renewal as referenced above.
Department Head Signature:
Determination of Consistency wi Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: (if applicable)
r Account No. & Description: 441-5112-536-31. 90 Other Professional Services
(J~ Account Balance: $27,000
f~ - $18,000 001-1511-513-31.90 Other Professional Services
Ci ty Manager Review: *$30,000 433-3711-534-31. 90 Other Professional Services
Approved for agenda: ~~) NO '+l.A ^.
Hold Unt.ll: - U' j I,
Agenda Coordinator Review:
Recelved:
Actlon: Approved/Dlsapproved
*INCLUDES ATTACHED TRANSFER
"
MEMORANDUM
To: David T. Harden
City Manager
From: Joseph M. ~,
Director of Fan e
Subj ect: Banking Services Agreement
Date: November 23, 1992
The City's Banking Services Agreement with Barnett Bank has come up for
renewal. Barnett Bank has offered the City an extension of our contract
through September 30, 1994 with a one year option to renew. The changes in
the fee structure will be effective January 1, 1993 and reviewed again at
September 30, 1994.
The current cost for banking services is approximately $60,000 per year.
Of that total, an approximate amount of $24,000 pertains to lockbox
services. Barnett Bank has increased the charges relating to the lockbox
service as well as charging the City .75% off the interest rate earned by
the Master Repurchase Agreement, an increase of .25%.
The effect of the contract changes are as follows:
1.) An increase in lockbox charges of approximately $15,000 for the nine
month period or $20,000 on an annualized basis, bringing the total cost
associated with the lockbox services up to approximately $43,000 per year.
2. ) An increase in the Repurchase Agreement Charge would cause a soft cost
in lost interest of $2,500 per million invested. The City maintains a
monthly Repurchase Agreement average balance of $2,500,000 and therefore,
the cost would be $4,700 through September 30, 1992 or $6,250 on an
annualized basis.
We currently have $60,000 in the budget for banking services. The revised
agreement would require an additional $15,000 to cover the hard costs. To
provide the additional funding, we will charge the Sanitation Fund since
this Fund has not been charged for this service in the past (see the
attached budget transfer). In addition, we are considering the following
options in order to cut the cost involved with the lockbox:
1.) hiring a new employee to process the lockbox receipts.
2. ) convert the utility bills to a scannable document.
3. ) a combination of both 1.) and 2.).
In light of the increase in charges, we feel that these costs are
competitive in the market place. We have surveyed other banks that provide
this service and have found that their fees are competitive with Barnett
Bank. We have also been very happy with the Barnett Bank's level of
service, and we, therefore, recommend the extension of the banking contract
with the one year option to renew.
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September 25, 1992
City of Delray Beach
100 N. W. Ist Ave.
Delray Beach, Florida 33444
Attention: Ms. Rebecca S. O'Connor
Dear Becky,
Enclosed please find an Agreement for Banking Services Addend urn
for the City of Delray Beach. This agreement will extend the existing
contract for a period of one (1) year commencing October 1, 1992.
The contract may be e;:tended beyond the one (1) year period for an
additional twelve(12) months by mutual written consent. Pricing will
be reviewed on an ann'lal basis. The current pricing for the City will
remain in effect through December 31, 1992. The new pricing
schedule is enclosed and will be effective January 1, 1993.
Additional services the City may require going forward and not
currently provided by Barnett will be priced and agreed upon at the
time the service is implemented. FDIC Insurance fee's are subject to
adjustment if increased by FDIC.
Please note that the 1993 Price Schedule outlines Wholesale Lockbox
fees. At the time converts to a Retail Lockbox Operation, Barnett
Bank will reprice the lockbox service accordingly. Please let me know
if I can be of any assistance and if you hav~ any questions, call me at
838-5080. Thank you.
Sincerely yours,
---
"
Karen K. Sweenie ( ! '5 2 - --=.-:--,:' u )
Vice President
Corporate Cash Management
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A-GRRP.MENT FOR BANKING SERVICES
,y>OENDUM
This agreement made this 25th day of September, 1992, between the City of
Delray Beach, 100 N. W. 1st Avenue. Delray Beach, Florida 33444, hereinafter
"City" and Barnett Bank of Palm Beach County, 625 Flagler, West Palm Beach.
Florida 33401, hereinafter "Bank" provides for an Addendum to the contract
with the City dated November 1981. Chlnles, additions, revisions to the
orisinal contract il outlined below.
I. BANKING AND TRUST SERVICES; TERM OF AOREEMENT
The Bank agrees to provide banking services to the City for a period of two
yea", commencina on October I, 1992 and \erminatins on September 30, 1994.
The Contract may be extended beyond the contract period for up to In
additional twelve (12) mODths by mutual written consent.
11. CHARGES FOR SERVICES
The charges outlined in the Cost of Banking Services Proposal (Attachment A)
shall remain unchanged effective 1anuary 1, 1993 through September 30, 1994.
Pricing will be reviewed on an annual basis thereafter. Additional services
provided to the City wilt be priced and lareed upon at the time the service is
implemented. FDIC Insurance fee's Ire subject to adjustment if increased by
FDIC. Negative collected balances are calculated daily and charged at a rate of
prime nile plus two percent.
V. JNVESTMBNT SERVIC~ TO BE PROVIDED
C Swe~p Account Type The total balance over the taraet set to pay for
bank services will be invested in the investment vehicle selected by the City.
_____ Repurchase Agreement . $100,000 minimum investment with
inercmcnts of whole dollars thereafter. The interest rate established Cor the
Account shall be determined from the average of the hiah and low Federal
Funds Rate for the previous week. .s published by Barnelt Bank and shall
remain in effect until a new average rate is published. l'he fonnula to be used
for calculating the amount for the daiJy repurchase agreement is : Federal
Funds Rue (x.JtX~) minus .lJ,.
'.
-- Money Market Fund . $25,000 minimum investment with increments of
whole dollars thereafter. The Interest rate established for the Aceounl shall b e
determined from the type or fund selected: Emerald Treasury Shares or
Emerald Prime Shares. Daily rateR arc provided by caJling 1-800.367-S90S.
IN WJTNESS WHBREOF, the partieR have hereunto exeeutcd this Agreement the
day and year above written.
A'J1'EST:
CITY OF DELRA Y BEACH
--
Witness
BARNE1T BANK OFPBCO.
Witnen
DlltC: --- -. Date: --
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CITY OF DELRA Y BEACH
COST OF SERVICES PROPOSAL
9125/92
SERVICE ffE
FDIC INSURANCE CHARGE Current Rate .001597
BASIC SERVICES
Account Maintenance 9.00/ per account
Deposits Credited .30
Items Deposited .09
Items Paid .13
CASH SERVICES
Change Order .00
DEPOSIT SERVICES
Items Returned 3.00
Items ReRun 2.00
INVESTMENT SERVICES
Sweep Investment 150.00
INTEREST
MMI Interest Paid At Current Rate
RECONCll..IATION SERVICES
Partial Recon - Maintenance 15.00/per account
Full Recon-Maintenance 15.00/per account
Full Recon-Per Item .09
Patti al Recon Per Item .075
Reconciliation Rejects .15
ARPlDeposit Recon Rejects .15
TRANSFER SYSTEM
TBA System 60.00
WIRE TRANSFER SERVICES
Telephone Notification .00
Domestic Wire - Incoming 8.00
Domestic Wire - Outgoing 8.00
Domestic Wire - Repetitive Outgoing 8.00
LOCKBOX SERVICES
Wholesale Monthly Maintenance 40.00/per box
Wholesale Items Processed .25 ...
Wholesale Data Capture .04 ...
Wholesale Correspondence .16 ...
Wholesale Data Communication 5.00/each
OTHER SERVICES
Supplies -Checks & Deposit Slips At Cost
Po stage At Cost
Courier/Delivery Charge 290.00
NSF Check Charge .00
Stop Payment .00
ATIACHMENT"A"
... Fee change
'.'
CIty of DeIray Beach
. 0ep8rtmenIaI Budget Transfer
(1) Dep&rtmentaI Une Transfer (2) Date November 23. 1992
(3) Interfundflnterdepartmental Transfer (4) Batch Number
(5) Requested By: R !:: n'rnn-nnr
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
433 3711 534 99 11 Project Reserve $15,000
433 3711 534 31 90 Other Prof. Svc. $15.000
(10) TOTAL $15,000 $15,000
JUSTIFICATION: To fund increase in the Banking Services relating to
the Lockbox Service.
~ ~~.~ n
Departm\nt "eao / ~~~ , c-J oj ~ V. Asst City Manager
~~0Illc8r / / ' .
City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
'.
."
City of Delray Beach
DepartmenIaI Budget Transfer
(1) Depertment8I Une Transfer (2) Date November 23. 1992
\~} Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: R S ntrnnnnr
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
433 3711 534 99 11 Project Reserve $15,000
433 3711 534 31 90 Other Prof. Svc. $15,000
(10) TOTAL $15,000 $15,000
JUSTIFICATION: To fund increase in the Banking Services relating to
the Lockbox Service.
/------ ~~~ n
De~nt nesa ./ ~,... ~ , N oj ~ 'i. Asst City Manager
(2n "'\dget 0IIicer ( / ' · City Manager
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT
."
"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER6~
SUBJECT: AGENDA ITEM it q A. - MEETING OF DECEMBER 1. 1992
EXTENSION OF CONDITIONAL CERTIFICATE OF OCCUPANCY/SUNDY
DATE: November 25, 1992
This item is before you to consider extending the Conditional
Certificate of Occupancy for the Sundy House from December 1, 1992
until December 31, 1992.
At the May 26th regular meeting, the Commission approved a six month
extension of the Conditional Certificate of Occupancy for the Sundy
House Restaurant. At that time several site plan and building permit
items were outstanding. Most of the site plan items have been
addressed, leaving the recordation of two documents to be completed.
Additional outstanding items include:
-final inspection and approval of the Sundy House Building;
-completion of all required on-site paving;
-completion of parking lots, including the parking lot on S.W.
1st Avenue;
-completion of all landscape improvements; and
-completion of required dumpster enclosure and mechanical walk-in
cooler.
Staff is recommending approval of the 30 day extension request. A
detailed staff report is attached as backup material for this item.
Recommend approval of the request for a 30 day extension, until
December 31, 1992, of the Conditional Certificate of Occupancy for
the Sundy House.
fx~ ~
1:& 1//1 !?3
S-o
. .
,
, Agenda Item No,:
'AGENDA REQUEST
Date: 11/25/92
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 12/1/92
Description of agenda item (who, what, where, how much):
Request to extend Conditional Certificate of Occupancy
from December 1. 1992 to December 31. 1992 for the
Sundy House - 106 S. Swinton Avenue
ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~19t1 ~1~ I -
- , ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
@NO u;J/
Approved (or agenda: I
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
"
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: REQUEST TO EXTEND CONDITIONAL CERTIFICATE OF OCCUPANCY
FOR THE SUNDY HOUSE
DATE: NOVEMBER 24, 1992
ITEM BEFORE THE COMMISSION:
- -
Consideration of the request from Michael S. Weiner & Associates
on behalf of Mr. Louis Jensen, owner of the Sundy House, to
extend the date of the Conditional Certificate of Occupancy from
December 1, 1992 to December 31, 1992.
BACKGROUND:
The City Commission approved a six (6) month extension of the
Conditional Certificate of Occupancy for the Sundy House
Restaurant to December 1, 1992 at the regular meeting of May
26th. At that time several site plan and building permi t items
were outstanding. Staff has had several meetings with Mr. Jensen
since the Commission's extension working towards assisting him in
meeting the imposed deadline. He received three (3) written
letters addressing outstanding items on his conditional c.o.
between July, 1992 and as late as November 19, 1992.
Mr. Jensen has completed most of the site plan items, leaving the
recordation of two (2) documents to be completed. We believe he
can accomplish both by December 1st. Multiple Building Plan
i terns remain to be completed. An inspection of the property on
November 24, 1992 by the Building Official indicated most items
have been completed and need final inspections only. We expect
the owner to comply by the December 1st deadline. The following
items remain incomplete and are the reason the owner is now
requesting a 30-day extension to his conditional c.o.:
1. Final inspection and approval of the Sundy House
Building.
2. Completion of all required on-site paving.
3. Completion of parking lots and the parking lot in front
of the apartment building located on SW 1st Avenue.
4. Completion of all landscape improvements according to
the approved plans.
5. Completion of required dumpster enclosure and
mechanical walk-in cooler.
'.
Page 2
David Harden
Request To Extend Conditional C.O./Sundy House
A copy of my letter dated November 19, 1992 to Mr. Jensen and a
copy of the letter of request from his Attorney are attached for
the Commission's reference.
RECOMMENDATION:
Staff is recommending that the City Commission approve the 30-day
extension to the Conditional Certificate of Occupancy as
requested by the applicant. We believe all outstanding items can
be completed within the 30-day time period provided the owner
proceeds with diligence.
LB:DQ
Attachment
LB Memos 91/92
Sundy.CO
'.
."
MICHAEL S. WEINER & ASSOCIATES, P.A.
. ATTORNEYS AT LAW
. The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
RANDI S. TOMPKINS Broward County; (305) 462-4935
Telecopier: (407) 272-6831
OF COUNSEL:
PETER J. MURRAY
November 24, 1992
HAND DELIVERY
Ms. Lula Butler
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: status of Temporary Certificate of Occupancy/ Commission
Direction
Our File No.: JENL(107)002
Dear Lula:
On behalf of Mr. Louis Jensen, we request you place upon the
Consent Agenda for Tuesday, December 1, 1992, the extension of the
Temporary Certificate of Occupancy for the Sundy House. We request
you extend the Temporary Certificate of Occupancy until December
31, 1992. The reasons for the request for this extension are:
1. The Sundy House is a project which is listed on the
Historical Register as well as being a full service restaurant,
antique shop and residential facility. As an ongoing business it
employs twelve (12) people. This has always been an ambitious
undertaking. The requirements for inclusion on the National
Historic Register have been extensive. Other than Old School
Square, a project that has taken more than three (3) years, and
still is not completed, there is no other situation in Delray
comparable to the Sundy House. Despite these obstacles,
substantial and steady progress has been made with respect to
compliance with governmental regulations at each and every level,
federal, state and local.
2. Unique problems were encountered in revitalizing the south
area of Swinton. In an attempt to keep the historical nature of
the home, substitute materials had to be found for paving, parking
issues had to be addressed, and operations had to be commenced in
."
Ms. Lula Butler
Our File No.: JENL(107}002
November 24, 1992
Page 2
order to accomplish good planning. The Temporary Certificate of
Occupancy has been a splendid idea since the City was able to
better solve the planning problems it originally addressed in a
vacuum by now having the experience of the operation.
3. As difficulties have come to the surface, Mr. Jensen has
made every effort to address the problems both by employing
professionals and using his own time and effort to diligently carry
out the requests of the City of Delray Beach. In addition, the
scope and nature of the project have changed and Mr. Jensen has
made additional investments. He has added to the project by
including the renovation of the Sundy Apartments and surrounding
property. All of Mr. Jensen's efforts benefit the City and ought
to be recognized in this regard.
4. Mr. Jensen was written a letter dated November 19, 1992 in
which certain items were listed as being outstanding. You should
note that all of those items which go to safety requirements,
namely fire final inspections, electrical final inspections and
building final inspections will be completed within the December 1,
1992 deadline. The only items may which remain outstanding are the
completion of required on-site paving and parking lots, one (1)
dumpster pad and enclosure and a mechanical walk-in cooler. Small
portions of the landscaping remain to be completed and are
outstanding only because of the necessity to coordinate these
matters with paving.
S. There were over ten (10) permits required in connection
with the construction on the premises. Only three (3) permits
remain outstanding.
Where an individual continues to diligently address outstanding
issues, where there remains no outstanding safety related issues,
where the entire project benefits the City and there is no
resulting harm to the City if an extension is granted, the
uninterrupted operation of the Sundy House business on the premises
ought to continue under an extended Temporary Certificate of
Occupancy.
'.
Ms. Lula Butler
Our File No.: JENL(107)002
November 24, 1992
Page 3
Unless we hear from you to the contrary, we will assume we are on
the agenda for that evening of December 1, 1992. Thank you for
your nsideration.
t.--
M W/ka
cc: Mr. Louis Jensen
Randi S. Tompkins, Esq.
Mr. David Harden, City Manager
Mr. David Kovacs, Director of Planning and Zoning
Mayor Thomas Lynch
Mr. Jay Alperin, City Commissioner
Mr. David Randolph, City Commissioner
Mr. Armond Mouw, City Commissioner
Mr. Ken Ellingsworth, City Commissioner
Mr. Jerry Sanzone, Chief Building Official
/r_ ~._-~_.---_.~-.: ~
.Ii' .--- < "' ,:'" f,X"": "1
. J'-"" p- ~ .
. "M ~.-::
NOY 2 4 92
..: ~::.\'-~r'i~ENT
" .~.- ;,A liON
b
,"
<
[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
November 19, 1992
Mr. Louis Jensen
The Sundy House
P.O. Box 430
Deerfield Beach, FL 33443
RE: Status of Temporary C.O./Commission Direction
Dear Mr. Jensen:
This letter is being provided to you to assist you in determining
if you will be in a position to receive your Certificate of
Occupancy by the December 1, 1992 deadline. We originally wrote
to you on August 3rd regarding the same and provided you with the
position of the City Commission on this matter. The subject was
again raised by Commissioner Alperin at Tuesday night's regular
meeting. The Commission is expecting you to complete all of the
site plan and building requirements prior to December 1st.
According to our records, the following are the remaining
outstanding items which must be addressed prior to the December
1st expiration date of the Temporary Certificate of Occupancy:
SITE PLAN & FINAL PLAT:
---
1. Recordation of the Plat Document.
2. Recordation of Easement Deed associated with abandonment
action.
BUILDING PLAN ITEMS: (I am listing all items that are deficient
according to our records. It is my understanding that most of
this work may have been completed),
1. Final inspection and approval of compliance to Fire Code
including the installation of required "exit" signs on the
first floor.
2. Final inspection and approval of the Sundy House Building.
(None of the 2nd Floor improvements have final approval).
3. Completion of all required on-site paving.
4. Completion of parking lots and the parking lot in front of
the apartment building located on SW 1st Avenue.
THE EFFORT ALWAYS MATTERS
'.
Mr. Louis Jensen
November 19, 1992
Page 2
5. Completion of all required landscape improvements pursuant
to the approved plans, including irrigation and sod between
sidewalk and streets.
Detailed below are the outstanding items required on each permit:
Permit 91-10020 - Interior Alterations
Fire Final
Paving Final
Permit 91-12102 - Deck & Gazebo
Fire Final
Bldg Final
Permit 91-12696 - Awning (Patio)
Fire Final
Permit 91-13130 - Electric for lights and fans (patio)
Electric Final
Note: C & W Elec Co., Inc needs to update license
Permit 91-13525 - Patio Slab I
Slab inspection
Note: Perfect Pavers needs to update license
Permit 91-14800 - 2 dumpster pads and enclosure
Enclosure Final
Permit 92-14803 - Paving (handicap space and sidewalk)
Sidewalk Final
Paving Final
Permit 92-16231 - Sidewalk Awning
Fire Final
Awning Final
'.
Mr. Louis Jensen
November 19, 1992
Page 3
Permit 92-16790 - Mechanical (walk-in cooler)
Electric Final
Mechanical Final
Note: Permit 92-18331 has been applied for, approved and waiting
to be picked up by Boca Electric for parking lot lighting
I believe most of the outstanding items need only final
inspections and sign-offs. However, if you find yourself in a
position needing an extension, I would need to know this no later
than Tuesday, November 24th in order that we might have the item
placed on the City Commission agenda for Tuesday, December 1st.
Should you have any questions regarding the information listed
above, please feel free to contact me or Jerry Sanzone, Chief
Building Official.
Sincerely,
~~'bC -
u a Butler, Director
Community Improvement
LB:DQ
cc: David Harden, City Manager
David Kovacs, Planning and Zoning Director
Jerry Sanzone, Chief Building Official
LB Memos
Jenson.CO
'.
_. '11""
. .
MICHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS A T LA W
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
RANDI S. TOMPKINS Broward County: (305) 462-4935
Telecopier: (407) 272-6831
OF COUNSEL:
PETER J. MURRAY
November 24, 1992
HAHD DELIVERY
The City Clerk's Office
Delray Beach City Hall
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Status of Temporary Certificate of Occupancy I Commission
Direction
Our File No.: JENL(107)002
Dear Clerk:
Pursuant to the attached letter, please place the above-referenced
matter on the City Commission Agenda for ~uesdav, December 1, 1992.
Should you have any questions, feel free to contact me. Thank you
for your assistance.
Attachment
cc: Michael S. Weiner, Esq. (w/o attachment)
Mr. Louis Jensen (w/o attachment)
MICHAEL S. WEINER & ASSOCIATES, P.A.
A TTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
RANDI S. TOMPKINS Broward County: (305) 462-4935
Telecopier: (407) 272-6831
OF COUNSEL:
PETER J. MURRAY
November 24, 1992
HAND DELIVERY
Ms. Lula Butler
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Status of Temporary Certificate of Occupancy/ Commission
Direction
Our File No.: JENL(107)002
Dear Lula:
On behal:E of Mr. Louis Jensen, we request you place upon the
Consent Agenda for Tuesday, December 1, 1992, the extension of the
Temporary Certificate of Occupancy for the Sundy House. We request
you extend the Temporary Certificate of Occupancy until December
31, 1992. The reasons for the request for this extension are:
1- The Sundy House is a project which is listed on the
Historical Register as well as being a full service restaurant,
antique shop and residential facility. As an ongoing business it
employs twelve (12) people. This has always been an ambitious
undertaking. The requirements for inclusion on the National
Historic Register have been extensive. Other than Old School
Square, a project that has taken more than three ( 3 ) years, and
still is not completed, there is no other situation in Delray
comparable to the Sundy House. Despite these obstacles,
substantial and steady progress has been made with respect to
compliance with governmental regulations at each and every level,
federal, state and local.
2. Unique problems were encountered in revitalizing the south
area of Swinton. In an attempt to keep the historical nature of
the home, substitute materials had to be found for paving, parking
issues had to be addressed, and operations had to be commenced in
"
.
Ms. Lula Butler
Our File No,: JENL(107)002
November 24, 1992
Page 2
order to accomplish good planning. The Temporary Certificate of
Occupancy has been a splendid idea since the City was able to
better solve the planning problems it originally addressed in a
vacuum by now having the experience of the operation.
3. As difficulties have come to the surface, Mr. Jensen has
made every effort to address the problems both by employing
professionals and using his own time and effort to diligently carry
out the requests of the City of Delray Beach. In addition, the
scope and nature of the project have changed and Mr. Jensen has
made additional investments. He has added to the project by
including the renovation of the Sundy Apartments and surrounding
property. All of Mr. Jensen's efforts benefit the City and ought
to be recognized in this regard.
4. Mr. Jensen was written a letter dated November 19, 1992 in
which certain items were listed as being outstanding, You should
note that all of those items which go to safety requirements,
namely fire final inspections, electrical final inspections and
building final inspections will be completed within the December 1,
1992 deadline. The only items may which remain outstanding are the
completion of required on-site paving and parking lots, one ( 1 )
dumpster pad and enclosure and a mechanical walk-in cooler. Small
portions of the landscaping remain to be completed and are
outstanding only because of the necessity to coordinate these
matters with paving.
5. There were over ten (10) permits required in connection
with the construction on the premises. Only three ( 3 ) permits
remain outstanding.
Where an individual continues to diligently address outstanding
issues, where there remains no outstanding safety related issues,
where the entire project benefits the City and there is no
resulting harm to the City if an extension is granted, the
uninterrupted operation of the Sundy House business on the premises
ought to continue under an extended Temporary Certificate of
Occupancy.
..
, .
Ms. Lula Butler
Our File No.: JENL(107)OO2
November 24, 1992
Page 3
Unless we hear from you to the contrary, we will assume we are on
the agenda for that evening of December 1, 1992. Thank you for
your rp nsideration.
, Y~~\'l .~
J ,I
I / 1\ !
~Ji . U;Y\V1
cc: Mr. Louis Jensen
Randi S. Tompkins, Esq.
Mr. David Harden, City Manager
Mr. David Kovacs, Director of Planning and Zoning
Mayor Thomas Lynch
Mr. Jay Alperin, City Commissioner
Mr. David Randolph, City Commissioner
Mr. Armond Mouw, City Commissioner
Mr. Ken Ellingsworth, City Commissioner
Mr. Jerry Sanzone, Chief Building Official
"
.
[ITY DF DELHAY BEA[H
100 r~v\' ls: AVE'\;UE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: AGENDA ITEM #qB CITY COMMISSION MEETING, 12/01/92
MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT
DATE: November 23, 1992
ACTION
City Commission is requested to approve a Municipal Golf Course
Management Agreement with BJCE, Inc. (formerly Dubin and
Associates) beginning January 1, 1993 and ending September 30,
1997 with a five year option. Fiscal Year 1992-93 (Jan.-Sept,)
cost, $50,600 with funding to come from account
#445-4711-572-31.90 "Other Professional Services."
BACKGROUND
The existing contract with BJCE, Inc. expires December 31,
1992. We have received a request from Mr. Dubin to enter into a
new agreement beginning January 1, 1993 and expiring September
30, 1997. The contract includes a monthly management fee
schedule for each fiscal year and a five year renewal clause.
As written, either party may terminate the agreement without
cause with ninety days written notice versus the six months
notice requested. Monthly fees are set forth in the agreement
as requested by Mr. Dubin in paragraph #6.
An additional change recommended by the staff concerns the
calculation and payment of an incentive bonus. As proposed, the
bonus would be paid on net income as calculated from the income
statement. The bonus payment would be contingent not only on
net income but also on meeting goals and objectives set with the
City Manager during the budget process. The bonus payments are
set forth in paragraph #7 of the agreement,
BJCE, Inc. will provide all management services for the
operation of the municipal golf course, pro shop, driving range,
and restaurant. Detailed services are listed in Exhibit "A."
All employees at the facility will be the employees of BJCE, Inc.
RECOMMENDATION
Staff has reviewed the proposed agreement and recommends
approval.
RAB:kwg
FILE:Agenda
120lDOC. 001 THe E F FOR TAL WAY sMA TT E R S
.
I
MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT
SUMMARY OF SUBSTANTIAL CHANGES
OLD CONTRACT NEW CONTRACT
General General
Corporate Name Change from Corporate Name Change
Dubin and Associates, Inc. to BJCE, Inc.
Term of Agreement Term of Agreement
1 yr. agreement with 1 yr, renewal; 5 yr. agreement, 5 yr,
60 day Termination Clause renewal; 90 day Termi-
nation Clause
Payments Payments
Base payment/$5500 month Base payment:
Bonus payment was calculated 1/93-9/93 $5700 month
based on actual revenues less 10/93-9/94 $6000 month
expenditures with expenses for 10/94-9/95 $6250 month
debt service, transfers and 10/95-9/96 $6500 month
depreciation exempted from the 10/96-9/97 $6750 month
calculation
10% between 456,800 - 499,999 Incentive payment cal-
12,5% between 500,000 - 524,999 culation changed to be
15% between 525,000 - 549,999 based on net income as
17.5% between 550,000 - Over determined by the
Bonus based also on meeting City's Income Statement
specific criteria set forth in 3% $ 0 - 49,999
the contract. 5% $ 50,000- 99,999
7.5% $100,000-149,999
10% $150,000-199,999
12.5% $200,000-Over
Conditions for payment
are not listed in the
contract. These will
be determined year to
year with the City
Manager in the budget
goal-setting process.
Insurance Insurance
Added restaurant and
liquor liability.
Exhibit A Exhibit A
Section 11 Section 10 changed to
"Develop Master Plan" "implement master plan
and provide input on
clubhouse renovations."
"
.
MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT
THIS AGREEMENT is made as of the day of
, 1993 by and between the CITY OF DELRAY BEACH
(hereinafter called "City"), and BJCE,INC, (d/b/a Dubin &
Associates) (hereinafter called "Dubin"), the principal
addresses of each party being those set forth on the signature
page of this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. AGREEMENT TO PERFORM WORK: City agrees to
retain Dubin to render certain professional services (herein-
after the "Work" ) and to pay for the performance of such Work
on and under the conditions which are set forth in this Agree-
ment, and Dubin agrees to perform such Work and to accept in
full payment as is set forth in this Agreement.
2. THE WORK: The work shall generally consist of
those services more particularly set forth in Exhibit "A".
3. ADDITIONAL SERVICES: Dubin will not be paid for
reimbursables nor for services in addition to those listed in
Exhibit "A" attached hereto without the prior written author-
ization from City which authorization shall be in the form of a
Purchase Order, Work Order, Order to Contractor, or other
similar written instrument ( "Change Order"). Dubin shall keep
a separate record of these additional reimbursables and
services and City shall be invoiced separately therefore. Any
service provided by Dubin for which a Change Order has not been
issued shall be considered within the scope of the Work covered
by this Agreement. The parties agree and understand that
whenever Dubin provides services which shall be considered
additional services, it is the responsibility of Dubin to
request a Change Order to this Agreement. Failure of Dubin to
'.
request a Change Order prior to performing such services shall
be interpreted that such services are within the scope of the
Work covered by this Agreement.
4. TERM OF AGREEMENT: The term of the agreement is
from January 1993 through September 30, 1997, The term shall
be extended for five (5 ) years until September 30, 2002 unless
the City gives written notice to Dubin on or before June 30,
1997 that the term is not extended. Notwithstanding the above,
with or without cause either party may terminate this agreement
with ninety (90) days prior written notice delivered in person
or transmitted certified mail, return receipt requested.
5. AVAILABILITY OF CONSULTANT: During the term of
this Agreement, Dubin shall make himself available to perform
the Work as may be required to accomplish the Work in the
manner required by this Agreement. Dubin shall be available
for consultation during the hours normally worked by City's
employees unless otherwise agreed between City and Dubin, and
in special circumstances. Dubin shall also be available to
City during evening meeting hours and other reasonable times
when required by City.
6. BASE PAYMENT: The City shall pay Dubin for the
performance of work at base monthly rate payable on the first
of the month as follows:
Jan. 93 - Sept. 93 - $5,700 per month
Oct. 93 - Sept. 94 - $6,000 per month
Oct. 94 - Sept. 95 - $6,250 per month
Oct. 95 - Sept. 96 - $6,500 per month
Oct. 96 - Sept. 97 - $6,750 per month
The City shall also accept and pay reimbursables,
including:
-2-
"
(a) Payroll costs for Dubin's employees who are working
full time at the Delray Beach Municipal Golf Course,
such payroll costs are subject to the City Manager's
prior approval, and only such approved costs shall be
reimbursed;
(b) Liability insurance as required by paragraph 13 of
this Agreement;
(c) Travel expenses;
( d) Mileage at $.26 per mile;
(e) Production costs;
(f) Telephone, mail, facsimile and miscellaneous out-of-
pocket expenses.
All expenses will be itemized and submitted with receipts and
shall be billed at cost on a monthly basis.
7, INCENTIVE PAYMENT: In addition to the base
payment, Dubin shall be eligible to receive a yearly incentive
payment. This payment shall be based on net operating profit,
provided conditions and yearly budgetary goals are met as
mutually agreed to prior to the beginning of the fiscal year,
Net operating profit shall be determined from the
golf course income statement, i.e. operating revenues less
operating expenses, transfers and depreciation. Extraordinary
expenditures or transfers not budgeted for shall be exempt from
the net profit calculation. The incentive payment shall be
made prior to December 15th of each year, The incentive
payment schedule shall be as follows:
3% of amount between $0 - $49,999
5% of amount between $50,000 - $99,999
7.5% of amount between $100,000-$149,999
10% of amount between $150,000 - 199,999
12.5% of amount over $200,000
8. LICENSED OR REGISTERED PERSONNEL: All services
to be rendered by Dubin under this Agreement, which are
required by law to be performed by or under the direction of a
duly licensed or registered professional shall be rendered in
compliance with such requirements.
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9. DESIGNATED REPRESENTATIVE: All of Dubin's
recommendations, reports and certifications are to be routed
through the City Manager.
10. PERFORMANCE: During the term of this Agreement,
Dubin shall, to the best of his ability, design, inform,
suggest, advise and render all services that might be requested
by City or which may be appropriate in respect of the Work on a
timely basis, as required by City to meet project timetable
needs. City shall have the right to make use of same in its
business at any time as it may desire without further payment
to Dubin, other than that specifically stated herein. All
reports and other documents furnished by Dubin in the course of
or as a result of performing the Work shall be the property of
City and may be used by City for any purpose whatsoever.
I!. CONFIDENTIALITY: In the performance of the
Work, Dubin may be exposed to the confidential information of
City and others. Dubin shall not disclose to anyone not
employed by City nor use, except on behalf of City, any such
confidential information acquired by him in the performance of
the Work except as authorized by City in writing, Regardless
of the term of this Agreement, Dubin shall be bound by this
obligation until such time as said confidential information
shall become part of the public domain, Information regarding
all aspects of City's business and information concerning the
Work (either directly or indirectly disclosed to him or
developed by him in the performance of the Work) shall be
presumed to be confidential except to the extent that same
shall have been published or otherwise made freely available to
the general public without restriction. Dubin also agrees that
he will not disclose to City any information he holds subject
to any obligation of confidence to any third parties.
12. LIABILITY: Dubin agrees to hold City harmless
from loss, damage, injury or liability arising from the acts or
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omissions of Dubin, his employees, agents, subcontractors and
their employees and agents.
13. INSURANCE: Dubin shall provide the City with
insurance certificates showing the following minimum insurance
coverages, which coverage shall be maintained throughout the
term of this Agreement.
A. Workers' Compensation. Coverage to apply for
all employees for Statutory Limits in compliance with the
applicable State and Federal laws. In addition, the
policy must include the following:
1. Employers' Liability with a limit of $500,000
each accident.
2. Notice of Cancellation and/or Restriction. The
policy must be endorsed to provide the City with
thirty (30) days written notice of cancellation
and/or restriction.
B. Comprehensive General Liability. Coverage must
be afforded on a form no more restrictive than the latest
edition of the Comprehensive General Liability Policy
filed by the Insurance Service Office and must include:
1. Minimum Limits of total coverage shall be
$5,000,000 per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form
with any excess coverage (and the carrier) to
meet the $5,000,000 minimum to be acceptable to
the City.
2. Premises and/or Operations, including restaurant
liability and liquor liability.
3. Independent Contractors.
4. Products and/or Completed Operations. Dubin
shall maintain in force until at least three (3 )
years after completion of all services required
under the License, coverage for products and
completed operations, including Broad Form
Property Damage.
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5. XCU Coverages.
6 . Broad Form Property Damage including Completed
Operations.
7. Broad Form Contractual Coverage applicable to
this specific contract, including any hold
harmless and/or indemnification agreement.
8. Personal injury coverage with employee and
contractual exclusions removed.
9, The City is to be specifically included as an
additional insured (including products).
10, Notice of Cancellation and/or Restriction. The
policy must be endorsed to provide the City with
thirty (30) days written notice of cancellation
and/or restriction.
11. A Best Rating of no less than B+ 12 is required
for any carriers providing coverage required
under the terms of this License Agreement.
14, PURCHASES: All purchases of equipment or
supplies for the operation of the golf course shall be made by
the City's Purchasing Department.
15. USE OF THE GOLF COURSE: Employees of Dubin may
enjoy the use of the golf course at no cost, so long as it is
in accordance with policies to be approved by the City Manager.
In addition, at their discretion, Dubin may allow up to 50
complimentary rounds of golf, including cart charges per
calendar month; however, in no event may such complimentary
round, or cart charges be made available to City employees or
officials.
16, ALCOHOLIC BEVERAGE LICENSE: The parties agree
that City will pay all costs, fees and expenses associated with
maintaining the alcoholic beverage license. At the time of the
termination of the Management Agreement, Dubin shall transfer
the alcoholic beverage license to the City. The cost for the
transfer of the alcoholic beverage license shall be paid for by
City.
-6-
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City will be responsible for the remittance of sales
taxes on a monthly basis to the state of Florida, including all
late fees and penalties which the State of Florida may assess
with respect to the alcoholic beverage license.
Dubin shall ensure that all federal, state and local
laws relating to the use of the alcoholic beverage license are
complied with.
17. ATTORNEY'S FEES: In the event of any action
instituted by Dubin or City in connection with a breach of the
terms of this Agreement, the prevailing party shall be entitled
to recover from the losing party all the prevailing party's
costs and expenses including court costs and reasonable
attorney's fees.
18. SUCCESSORS AND ASSIGNS: Dubin shall not assign,
sublet or transfer its interest in this Agreement without the
prior written consent of City, The foregoing notwithstanding,
this Agreement shall be binding upon and inure to the benefit
of each party's successors and assigns.
19. NOTICES: All notices required or desired to be
given under this Agreement shall be in writing and delivered in
person or transmitted Certified Mail, Return Receipt Requested,
postage prepaid addressed to the party to be noticed, and shall
be deemed to have been delivered three ( 3) days after deposit
in a post office or letter box in the above manner.
NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS:
BJCE
1177 N.E. 8th Street, #309
Delray Beach, FL 33483
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20. CONFLICT: In the event of conflict between the
terms contained in the body of this Agreement and any term or
terms of the Proposal, the provisions contained in the body of
this Agreement shall control and prevail.
21. ENTIRE AGREEMENT: This written Agreement,
together with any written amendments hereto, constitute the
entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between
the parties thus, neither party shall be entitled to rely upon
any conflicting oral representations, assurances, claims or
disclaimers, made either prior to or simultaneous with the
execution of this Agreement,
IN WITNESS WHEREOF, City and Dubin have set their
hands and seals on the day and year first above written to this
Agreement and three counterparts, each of which shall
constitute an original.
WITNESS: BJCE, INC.
(Signature of Witness) BRAHM DUBIN, PRESIDENT
(Print or Type Signature)
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this
day of , 199_, by
(name of officer or agent, title
of officer or agent) of (name of
corporation acknowledging), a (state or
place of incorporation) corporation, on behalf of the
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" .
corporation. He/she is personally known to me or has produced
(type of
identification) as identification and did (did not) take an
oath.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public
ATTEST: CITY OF DELRAY BEACH
City Clerk Mayor
Approved'as to Form:
City Attorney
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. .
EXHIBIT "A"
The scope of the work will include but will not be limited to
the following:
1- Supervise and direct the general operations of Delray
Beach Municipal Golf Course and Restaurant.
2. Oversee all administration of all golf course operations,
assuring that proper accounting systems are in place.
3. Perform an on-going review of total operational costs by
department.
4. Insure that adequate Internal Control systems are in place
in all areas of the operation.
5. Perform monthly reviews of the financial statements and
provide monthly revenue reports in the format prescribed
to by the City.
6 . Prepare operational budgets.
7 . Review and assist in the planning of all marketing and
promotional programs.
8, Approve all expenditures before they are submitted for
payment to the City and insure expenditures are made in
compliance with the City purchasing policies.
9, Assure that the highest standards of general maintenance
are maintained.
10. Coordinate the implementation of the golf course master
plan and provide input and advice on clubhouse renovations
and/or a new clubhouse facility.
11- Provide monthly course maintenance reports.
12, Dubin shall hire and employ all personnel necessary to
maintain and operate the golf course and restaurant,
Dubin will have full authority over the hiring and firing
of all personnel.
13. Dubin shall act as City's liaison and supervise the
activities and operations of the restaurant manager and
head golf professional.
14. Dubin shall operate and maintain the restaurant operation
in accordance with all federal, state and local government
laws and regulations, including health department
regulations and state liquor board regulations.
15. Dubin shall operate a full service restaurant in
accordance with the terms and conditions of the alcohol
beverage license.
"
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~!i"~'~ fJ d"f>>"#~ ~
~~ O~4.~.Q.~~
CITY OF DELRAY BEACH
MUNICIPAL GOLF COURSE FUND
COMPARATIVE INCOME STATEMENTS
TWELVE MONTHS ENDED SEPTEMBER 30, 1992
-------------- -----1991----- --------------- -------------- -----1992----- ---------------
-------------- -------------- --------------- -------------- -------------- ---------------
-------------- -------------- --------------- -------------- -------------- ---------------
ACTUAL AS OF FINAL AUDIT ACTUAL TO DATE ACTUAL AS OF TOTAL ANNUAL ACTUAL TO DATE
SEP 30, 1991 FY 1990-91 AS A % OF TOTAL SEP 30, 1992 BU06ET 91-92 AS A Z OF TOTAL
-------------- -------------- --------------- -------------- -------------- ---------------
OPERATING REVENUES:
RESTAURANT 13,500 13 , 500 100.00% 294,847 450,000 05.52%
GOLF COURSE FEES 1, 227 ,1 09 1,227,109 100.001 1,660,053 1,585,100 104.737.
-------------- -------------- --------------- -------------- -------------- ---------------
TOTAL OPERATING REVENUES 1,240,609 1,240,009 100.00% 1,954,900 2,035,100 96.06%
OPERATING EXPENSES:
RESTAURANT OPERATING EXPENSES 0 0 0.00% 410,060 439,500 93.30%
OTHER OPERATING EXPENSES 928,B48 928,848 100.00% 99B,699 1,034,063 96.5B%
DEPRECIATION 191,800 191,BOO 100.00t 191,800 191 ,800 100.00t
-------------- -------------- --------------- -------------- -------------- ---------.-----
TOTAL OPERATING EXPENSES l,120,64B 1,120,048 100.001 1,600,559 1,665,363 96.11%
-------------- -------------- --------------- -------------- -------------- ---------------
OPERATING INCO"E 119,961 119,961 100.001 354,341 369,737 95.841
h~,,-OPERATIN6 REVENUES (EXPENSES):
INTEREST REVENUE 29,665 29,065 100.001 4,850 30,000 16.177.
INTEREST EXPENSE (170,512) (170,512) 100.00% ( 100,308) (100,308) 100.001
MISCELLANEOUS INCOME (EXPENSE) 8,074 8,074 100.001 <148,07B) 54,630 -271.0b%.
.------------- .------------- --------------- -----------.-- .------------- ---------------
TOTAL NON-OPERATING
REVENUE AND (EXPENSE) (132,7731 <132,773) 100.001 (243,536) <15,o7B) 1553.367.
.------------- -------------- --------------- -------------- .------------- ---------------
INCO"E BEFORE
OPERATING TRANSFERS (12,812) <12,812) lOO.OOt 110,B05 354,059 31.307.
OPERATING TRANSFERS IN (OUTI
OPERATING TRANSFERS IN 0 0 0.001 0 0 0.007.
OPERATING TRANSFERS OUT (21,9001 (21,900) 100.001 1123,005) 1123,005) 100.00l
-------------- -------------- --------------- -------------- -------------- ---------------
TOTAL OPERATING TRANSFERS 121,900) 121,9001 100.001 1123,005) 1123,005) 100.001
-------------- -------------- --------------- -------------- -------------- ---------------
NET INCO"E ILOSS) 134,712) (34,712) 100.00% (12,200) _ 231,054 -5.28%
.
ADD: NON-CASH EXPENSES
DEPRECIATION 191 , BOO 191,BOO 100.001 191,800 191 ,800 100.001
LESS: PRINCIPAL PAYMENT ON BONDS (IB6,400) (1 B6 ,400) 100.001 1143,(15) 1143,(15) 100.001
---------.---- -------------- --------------- .------------- -------------- ---------------
CASH AVAILABLE FOR CAPITAL
, "IIsmON, PROJECTS, AND
.HAL ~ REPLACEMENT RESERVES (29,312) 129,312) 100.001 36.5B5 279,839 13.07%
-------------- -------------- -------------- --------------
-------------- -------------- -------------- --------------
'.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l/lll
SUBJECT: AGENDA ITEM it QC - MEETING OF DECEMBER 1. 1992
REOUEST TO ELIMINATE PUBLIC PARKING
DATE: November 25, 1992
We have received a request from the property owner (Ms. McCrae) at 102
Basin Drive to eliminate the public parking on the north side of Lowry
Street between Basin Drive and the Intracoastal Waterway. The
property owner feels that there is no public need for this parking and
that the parking area has become a nuisance affecting her property.
On September 17, 1985, the Commission entered into an agreement with
Delray Summit, Inc. to construct approximately 17 public parking
spaces on the north and south sides of Lowry Street. Construction and
maintenance costs were borne by Delray Summit. Since that time
numerous complaints have been filed by Ms. McCrae.
One aspect of the complaint deals with the maintenance of landscaping
adjacent to the parking area. The landscape material was installed by
Delray Summit; however, the agreement is unclear with regard to
maintenance responsibility. Alternatively, the City Code requires the
adjacent property owner to maintain landscaping to the pavement.
A detailed staff report is attached as backup material for this item.
Consider a request from the property owner (Ms. McCrae) at 102 Basin
Drive and other property owners along Basin Drive to eliminate the
public parking on the north side of Lowry Street between Basin Drive
and the Intracoastal Waterway.
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I
, Agenda I tem No.:
AGENDA REQUEST
Date: 11/23fr/!-
Request to be placed on:'
~RegUlar Agenda Special Agenda Workshop Agenda
When: 'be~.i ,/992-
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: l2e~~t6l~"''''~Ce--
Department Head Signature: ~~~~~4~'~ /lh2i9L-
.. I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: trM
Approved for agenda: c!y NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
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[IT' DF DELHA' BEA[H
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: n~obert A. Barcinski, Assistant City Manager/
~ Administrative Services
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, 12/01/92
REQUEST ELIMINATION OF PUBLIC PARKING ON LOWRY STREET
DATE: November 23, 1992
ACTION
City Commission is asked to consider a request from Ms. Esther
McCrae, 102 Basin Drive, and other neighbors on Basin Drive to
eliminate the public parking on the north side of Lowry Street
between Basin Drive and the Intracoastal waterway. The reason
given for this request is that Ms. McCrae feels there is no
public need for this parking and the parking area has become a
nuisance affecting her property.
BACKGROUND
On September 17, 1985, City Commission entered into an agreement
with the Delray Summit, Inc. to construct approximately 17
public parking spaces on the north and south sides of Lowry
Street. Construction costs and maintenance costs have been
borne by the Delray Beach Summit, Inc. At the time of the
agreement, City Commission determined that there was a need for
public parking in the area.
At various times since the execution of the agreement Ms. McCrae
has objected to the parking on Lowry Street, expressing her
concern that the public parking was not needed and that the
parking has created a nuisance which impacts her property. The
agreement is also unclear as to who maintains the landscaping on
the north side of Lowry Street, however, Code requires the
adjacent property owner to maintain landscaping to pavement.
landscaping on the north side was installed by the Summit.
In the past, I have been involved in numerous discussions
between Ms. McCrae and representatives of the Summit about their
disagreement over this parking area. The Summit has indicated a
need for the parking area for their facility.
THE EFFORT ALWAYS MATTERS
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AGENDA ITEM #
Page 2
This request is to remove public parking on the north side of
Lowry Street, only. If City Commission intends to honor this
request, Commission will need to issue a finding that public
parking is not needed in this area. In reviewing this request,
Commission may want to consider the need for parking by the
Summit and allow the Summit to utilize the public parking on the
south side of the street for the Summit's use only. Attached is
a copy of a letter received from Ms. McCrae along with a
petition from the neighbors. Due to illness, Ms. McCrae is
unable to attend the Commission meeting. Ms. Bourque will be
presenting the request on her behalf.
ACTION
Consider the request from Ms. McCrae to issue a finding that
public parking is no longer needed on the north side of Lowry
Street and eliminate the parking from this area.
RAB:kwg
File:Agenda
1201DOC.OO2
'.
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NOVEMBER 25TH, 1992
HONORABLE MAYOR TOM LYNCH
CITY OF DELRAY BEACH
100 NORTHWEST FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
DEAR TOM:
I AM WRITING TO SUPPORT THE POSITION OF MY NEXT DOOR
NEIGHBOR, MRS. ESTHER MCRAE, AND JOIN WITH MANY OTHERS OF
US IN HER NEAR NEIGHBORHOOD REGARDING THE PUBLIC PARKING
ON THE SOUTH SIDE OF HER PROPERTY. (DESCRIBED AS THE NORTH
SIDE OF LOWRY STREET).
DURING AN EARLIER PERIOD, WITHOUT NOTICE TO ANY OF
US} PARKING WAS CREATED TO ACCOMODATE WHAT WAS DESCRIBED
AS A PUBLIC NEED, BY THE COMMISSION. WHETHER NOR NOT, A
GENUINE NEED FOR PUBLIC PARKING WAS EVER DEMONSTRATED AT
THAT TIME, IT IS NOW CLEAR TO ALL OF US THAT NO NEED FOR
ADDITIONAL PARKING BEYOND THAT WHICH EXISTS ON THE SOUTH-
SIDE OF LOWRY IS REQUIRED.
THOSE OF US, WHO FROM TIME TO TIME MIGHT EVEN USE THIS
PARKING FOR A PRIVATE EVENT DO NOT BELIEVE THAT IT IS IN THE
BEST INTEREST OF THE NEIGHBORHOOD, AS A WHOLE, TO HAVE IT
AVAILABLE.
NO ONE FROM THE BEACHES, OR SHOPS OR BANKING WOULD
EVER REQUIRE SUCH PUBLIC PARKING TO BE PROVIDED ON A
REGULAR BASIS. WE FURTHER BELIEVE IT IS UNNECESSARY TO
INVITE THE GENERAL PUBLIC INTO A RESIDENTIAL NEIGHBORHOOD
FOR PUBLIC PARKING WHEN THERE IS NO PUBLIC ACTIVITY IN
THE AREA WHICH WOULD REQUIRE OR SUPPORT THE NEED FOR
PUBLIC PARKING.
THEREFORE, I AND OUR NEIGHBORS FEEL THE DESIGNATION
OF PUBLIC PARKING ON THE NORTH SIDE OF LOWRY SHOULD BE
RECINDED AND MRS. MCRAE'S PROPERTY AND ADJACENT
EASEMENTS TO HER PROPERTY BE MADE WHOLE.
THANK YOU VERY MUCH FOR YOUR THOUGHTFUL CONSIDERATION
AND APPROVAL OF THIS REQUEST.
~ERELY'
*~
FRANCES F. BOURQUE,
.
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I~-t..:-'"I...K-k--')-'<:" L~",* -:;"3 L-1 ~3
May 22, 1992
City of Delray Beach
Delray Beach, Florida
Robert A. Bercinski
Assistant City Manager
We the residents of Lowry St. have been, and are very ~~.tisfied
with the parking-public and so called private parking (or designated
parking) .
For many years Lowry Street was a beautiful street to live on and
walk on. Especially walking toward the Inter Coastal along the property
of Mrs. Henderson and Mrs. W. J. McRae.
The areas along the two P'''P'&'''' 18S mentioned above was given away tt...." e f aA-kl ~ ~
by the city and not ~ person in the area was informed/or in any
respect considered.
We would like to see our street returned to its original form or state.
We now have:
l. Increase in crime
2. Decrease in property value
3. Increase in taxes
4. No need for any kind of parking
Please consider us as the builders of--and maintainers of-
one of Delrays beautiful and original established areas.
SIGNED
Basin Drive~ast Road, se~Breeze and others
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May 27, 1992
Commissioners of City of Delray
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
RE: Public Parking on Lowry Street
Gentlemen:
I am Esther McCrae and I reside at 102 Basin Drive, Delray
Beach, Florida 33444.
Please accept this letter as my petition to revoke and cancel
the public parking in the area along the north side of Lowry
Street. Enclosed for your reference is a survey of the subject
area.
In September of 1985, the City entered into an agreement with
the Delray Summit to provide public parking along the north side
of Lowry Street which abuts the south side of my property line.
I own lot 18 which is noted on the enclosed survey. The agreement
entered into in September of 1985 also provided that public parking
was to be provided along the south side of Lowry Street to the east
of the Summit Condominium.
Over the years, it is apparent the only people using the
public parking on the north side of Lowry Street have been the
residents of the Summit, and/or their staff. There is ample
parking on the grounds of the Summit to provide parking for their
staff and, in particular, the area on the south side of Lowry
Street and east of the Summit building. Other than for the
residents of the Summit, I doubt seriously if any of the "residents
of Delray Beach" park along Lowry Street.
The public is no longer using the parking on the north side
of Lowry Street and the parking on the south side of Lowry Street,
east of the condominium, has been restricted by the Condominium
Association to provide parking for their guests and residents.
Since there is no longer a need for public parking on the north
side of Lowry Street, I would ask that the city council modify
and/or revoke the September 17, 1985 agreement with the Summit.
."
"'
The parking in the area has become a nuisance and no longer
serves any useful purpose for the residents of Delray Beach. The
area designated as public parking on the north side of Lowry Street
is not used by the residents of Delray Beach.
As a result of the City designating the area on the north side
of Lowry Street as public parking has prevented me from maintaining
the hedge along the south side of my home, has interfered with the
use and enjoyment of my property, has created a nuisance by
allowing cars to park there day in and day out when servicing the
Summit. The employees of the residence of the Summit have used this
area as their exclusive parking when the public parking on the
south side of Lowry Street has remained vacant. The continued
designation of public parking has caused my property to depreciate
. 1
~n va....ue.
By allowing public parking on the north side of Lowry Street,
it has created a dangerous condition to exist. Over the years,
there have been a number of break-ins, including one to my home.
By allowing public parking in the area, it allows an individual or
individuals to park out of the view of the general public while
they carry out their illegal activities. By allowing this area to
remain a public parking area aides the individual who parks there
solely for the purpose of carrying out any illegal activity or
burglary. Neighborhood Crime Watch is deterred and hampered by
the continued designation of this area as public parking.
I know that a number of my neighbors and other residents in
the area have voiced objections to the north side of Lowry Street
being designated as public parking.
Therefore, I would ask that you take immediate steps to revoke
the designation of this area as public parking. No public purpose
is being served for the continued designation of this area as
public parking. People do not park there to go to the beach or to
shop in the local stores. The_Area is far removed from the beach
and the shopping areas. ~~",,,,, ~
Very truly yours,
~ Y/!rP~
Esther McCrae
'1~~-zt/ -V~
~ .;.J- . ';Iu-v. /-8. - ~
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AGREENENT
Agreement made this /7d day of 4-~ ,
1985 between the City of Delray Beach, a Florida municipal
corporation (the City) , and Delray Summit, Inc. , a Florida
corporation.
WHEREAS, the city of Delray Beach has determined that
a need exists for additional public parking on Lowry Street;
and,
WHEREAS, Delray Summit, Inc. is desirous of having
additional public parking provided in close proximity to its
building.
NOW, THEREFORE, in consideration of the mutual
covenants and benefits to the parties it is agreed as follows:
1, That Delray Summit, Inc. shall contract for and
solely pay for the construction of public
parking in accordance with drawing no.
~~A!r' t';,.a{
~/J,~ 825402.0010 ~ August 27, 1985 by Strock
,-:-fl./', Engineering Associates, Inc. which is attached
hereto and made a part hereof. The construction
shall be done in accordance with the note shown
on the drawing and any additional requirements
of the City by ordinance or by direction of the
City Engineer. If there is a conflict between
. .
any matter set forth in the aforementioned notes
and the requirements of the City, the require-
ments of the City shall control.
2, That Delray Summit, Inc. shall be responsible
for resodding necessitated by construction, as
well as the relocation or replacer.:ent of any
shrubs or trees rer::oved for construction and
shall irrigate any new or replaced vegetation
.s /.fc ~
for ~ ~ weeks. The Delray Summit, Inc.
'- 't;.;/-dV 1
'.
"
-,
and its contractor shall obtain and follow the
directions of the City Horticulturist with
regard to required landscaping and relocation of
any existing plant material and irrigation
required.
3. That Delray Summit, Inc. shall transfer to the
trust account of Reed, Smith , Chapin the amount
of five thousand dollars ($5,000.00). Those
funds shall be available to the City upon the
written demand of the City Manager and may be
used to pay for any damage to City propertYJ the
failure to complete the project once begunJ or
may be available for the payment of unpaid
materialmen or subcontractors. However, nothing
herein shall be considered a limitation of the
liability of Delray Sur.unit, Inc. for damage to
City property or for the failure to complete
this project once begun. Upon proof of
completion of the project, payment in full to
the Contractor and the submission of lien
waivers, the funds held in trust shall be
released by the City.
4. Delray Summit, Inc. shall enter a written
Agreement with the Contractor for this project.
The Agreement shall state that the contract is
only between Delray Summit, Inc. and the Con-
tractor and that the City shall have no duty to
the Contractor under the contract or otherwise
for any work performed in accordance with the
contract.
2
'.
"
5. That the obligation to maintain the parking
provided by this Agreement shall be solely the
obligation of Delray Summit, Inc. , and that
after thirty days notice if Delray Summit, Inc.
y fails to undertake required repairs or mainte-
nance <as determined by the City) of the subject
parking area, the City may have the work done
and charge all costs to Delray Summit, Inc., and
may lien the property owned by Delray Summit,
~In.. if not timely paid.
6. That Delray Summit, Inc., its officers, members,
and persons under its control shall take no
t affirmative action to exclude any member of the
general public from using the public parking
provided for in this Agreement.
7. That to that extent permitted by law, the Delray
Summit, Inc. hereby agrees to hold harmless,
save, defend, and indemnify the City of Delray
Beach, its agents, employees, and officials from
all claims, suits, and actions of any nature
arising from the construction or use of this
parking by the Delray Summit, Inc., its members
or persons providing services to its members.
However, this paragraph, shall not be applicable
to suits by adjacent property owners contesting
the rights of the City or Delray Summit, Inc. to
provide public parking on the right-of-way of
Lowry Street.
3
..
.,
. .
IN WITNESS WHEREOF, the parties hereto executed this
Agreement this ~ day of ~/,"z:..L'.J , 198.s~
ATTEST: CITY OF DELRAY BEACH, FLORIDA
. '.
~ . {/' /: //;..,. ...'
~ ~..c;t",.. 4- .J~ /l. /:.......,. -: ' ,.-."',;" /.. ,'7///
Cit lerk Mayor,.' . -'
Approved as to form and
legal sufficiencya
~~lU
eity Attorney ,
WITNESS a DELRAY SUMMIT, INC.
'. Q.c-,.,erv.. 1/( {!J.h<WI B~,~r~/ ~ /3~
J . . ""
\:f'=-~ ~~'""'T c7>""'~"''' - - .... A..16{.. "J ~ ,{ ~ "/4<."
itle '
Corporate Seal
If Applicable a
4
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CELRAY aU-CH. n.o'UCA aa......
Se.phtmheA. 10, 1985
AFFIIP.Vn
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TO UflQ1J n MY COV(f/W:
Thi.." Ld to ~ i!ta.t on. Se.p:WrtbeA. 10, 1985:1Ae 80aNi of.
qoVf!.lrJtOM puded. Cl 'Ruo./.u;W,n. ~ ~ cdtpt. 8l.6.cItueJ.J.,
CIuWurrm 0/. tlte. ~ COf1f7Ii.:ttu. 0/. fJWro.~ S~ "In.c. fo
4iJ;rL iAe. A9-Uemen.:t 6dwe.en. iAe. CUv- of. 1JWuz.~ Bmdr., Cl/tUnic1paJ.
CoItpOAa:tion, anti. iAe. 0Wray. Surmi.J.,. In.c. Cl F 1.otWla Co~n,
dabd. ~_L.z....c:<? ri._101t iAe. pwr,otJ4e. of. fJIlDvi.rJ.W;.
ad'/lt)ono'J. puh.li.c. ~ i.n. cl.o4e. ~ to iAe /JWuz.y. SurmJ..t,
I n.c.
" _t?~~~~~~
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Ca.ttl..ton. S. ~ Se.~
I,.
"
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AGREEHENT
Agreement made this /7U day of ~~ ,
1985 between the City of Delray Beach, a Florida mU,nicipal
corporation (the City), and Delray Summit, Inc., a Florida
corporation.
WHEREAS, the City of Delray Beach has determined that
a need exists for additional public parking on Lowry Street;
and,
WHEREAS, Delray Summit, Inc. is desirous of having
additional public parking provided in close proximity to its
building.
NOW, THEREFORE, in consideration of the mutual
covenants and benefits to the parties it is agreed as follows:
1. That Delray Summit, Inc. shall contract for and
solely pay for the construction of public
parking in accordance with drawing nO.
~t'.e-r' t";,.~
~/J,1;i, 825402.0010 ~ August 27, .' 1985 by Strock
.~~~ Engineering Associates, Inc. which is attached
hereto and made a part hereof. The construction
shall be done in accordance with the note shown
on the drawing and any additional requirements
of the City by ordinance or by direction of the
City Engineer. If there is a conflict between
. .
any matter set forth in the aforementioned notes
and the requirements of the City, the require-
ments of the City shall control.
2. That Delray Summit, Inc. shall be responsible
for resodding necessitated by construction, as
well as the relocation or replacet~ent of any
shrubs or trees re~oved for construction and
shall irrigate any new or replaced vegetation
.s /x. ~
for ~ tiJ weeks. The Delray Summit, Inc.
~'l;/~ 1
. ..
.
and its contractor shall obtain and follow the
directions of the City Horticulturist with
regard to required landscaping and relocation of
any existing plant material. and irrigation
required.
3. That Delray Summit, Inc. shall transfer to the
trust account of Reed, Smith & Chapin the amount
of five thousand dollars ($5,000.00). Those
funds shall be available to the City upon the
written demand of the City Manager and may be
used to pay for any damage to City propertY1 the
failure to complete the project once begun1 or
may be available for the payment of unpaid
materialmen or subcontractors. However, nothing
herein shall be considered a limitation of the
liabili ty of Delray Sur.unit, Inc. for damage to
City property or for the failure to complete
this project once begun. Upon proof of
completion of the project, payment in full to
the Contractor and the submission of lien
waivers, the funds held in trust shall be
released by the City.
4. Delray Summit, Inc. shall enter a written
Agreement with the Contractor for this project.
The Agreement shall state that the contract is
only between Delray Summit, Inc. and the Con-
tractor and that the City shall have no duty to
the Contractor under the contract or otherwise
for any work performed in accordance with the
contract.
2
. .
.
5. That the obligation to maintain the parking
provided by this Agreement shall be solely the
obligation of Delray Summit, Inc., and that
after thirty days notice if Delray Summit, Inc.
}
fails to undertake required repairs or mainte-
nance (as determined by the City) of the subject
parking area, the City may have the work done
and charge all costs to Delray Summit, Inc., and
may lien the property owned by Delray Summit,
Inc. if not timely paid.
Delray Summit, Inc., its officers, members,
and persons under its control shall take no
t affirmative action to exclude any member of the
general public from using the public parking
provided for in this Agreement.
7. That to that extent permitted by law, the Delray
Summit, Inc. hereby agrees to hold harmless,
save, defend, and indemnify the City of Delray
Beach, its agents, employees, and officials from
all claims, suits, and actions of any nature
arising from the construction or use of this
parking by the Delray Summit, Inc., its members
or persons prOViding services to its members.
However, this paragraph, shall not be applicable
to suits by adjacent property owners contesting
the rights of the City or Delray Summit, Inc. to
provide public parking on the right-of-way of
Lowry Street.
3
. .
IN WITNESS WHEREOF, the parties hereto executed this
Agreement this /7d day of ~~.!..J , 198-S'"7
ATTEST: CITY OF DELRAY BEACH, FLORIDA
-'
~ . _ ~ f "'.,./. 71' / /:".' ..".'-
~ /l ~" -: . ,~__..":,,-.(.':-' 7/;/
Cit lerk Mayor/" . -'
Approved as to form and
legal sufficiencyz
~~)V
eity Attorney !
WITNESS: DELRAY SUMMIT, INC.
}-C7l-Wru<.!l( tUAfI-I/l BY~'''-'C ~ /3.4~ ..
~">=<:.. ~ f~,.-.,/ ~."V"'~" -... ~ A-~~ ....""J ..-" c.,'1''''
ltle '
Corporate Seal
If Applicable:
4
.
. .
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~~=, cYnk:
DELRAY BCACH. I"LOIUDA 33...
5ept.emheJt. 10, 1985
AFFllYWn
---
TO !./lIon IT ItJ4Y COY(ffW:
ThiA Ld to CI!.It:li.f.v. i/to;t on 5ep:temheJt. 10, 1985 tAe &xvu:L of.
goYe.lU1OM fX1Aded. a 'Ke40l.uii.on enrpowW.Ju;. JfLt. C~ BiJ!.~
CIr.ai.turrm of. ilte. ~ Corrml.:f.iu. 01 0e.1Aay, 5l.11111i.:4 In.c. to
4i.t;Jt ilte. A9M-emI!.I1:t 6e:iwe.en. tAe. C liy, 011Jel.N:z.y, Beadr., a t1JunJ GJ'paJ.
COIlfJOA.Cdi.on, 0ftIi. tAe 0eiA.ay, Surmi..i,. lne. a F 1.oM.da. CoItfX'Ndi.on,
da..hu1. ~_L2L.t' r rr__/olf. tAe. ~e. 01 pttDvit:liJu;.
wldl :ti.ona'1 pul;Lu:. paNwu;. i.n. ci.o.de. .~ to tAe. lJe1AD.y. S tITInLt,
I nc.
-
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'iUdu1/uL L T~ A~ fJAU' CaM.ton s. ~ 5t!CA.l!.itvty.
, .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJfC'I
SUBJECT: AGENDA ITEM it q 1> - MEETING OF DECEMBER 1. 1992
DRAINAGE IMPROVEMENTS/TROPIC HARBOR
DATE: November 25, 1992
This item is before you to provide direction to staff with regard to
the reconstruction of the drainage system at Tropic Harbor. The
Tropic Harbor Condominium development is located between Tropic Isle
Harbor and Spanish Trail, near the south limits of the city.
The Engineering department was notified by the condominium association
of pavement collapsing within the driveways and parking areas at the
condominium. Following investigation, staff determined that the cause
of the pavement deterioration was as a result of the drainage system
collapse; a contributing factor of which, was the discharge of air
conditioning coolant water into the drainage system. Staff
recommended that the air conditioning coolant water lines be
disconnected from the drainage system and that the condominium
association pay a share of the cost of reconstruction.
The estimated cost for this project is $250,000. The City's share of
funding from the reconstruction of the drainage system and pavement
restoration is available in the Storm Water Utility Fund. An
agreement is proposed with Tropic Harbor which provides for the
association to pay 1/3 (approximately $83,000) of the cost of
improvements; requests the necessary easements and requires the
submittal of an alternate plan for the discharge of air conditional
coolant water.
Recommend that staff be authorized to proceed with reconstruction of
the drainage system at Tropic Harbor with funding to be two thirds
from the City and one third from the Tropic Harbor Condominuium.
LUs / ;2
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Agenda Item No.:
AGENDA REOUEST
Date: 11/24/92
Request to be placed on:
-2L-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: 12/1/92
Description of item (who, what, where, how much): Staff requests direction from
Commission to proceed with the drainage rehabilitation and paving improvements at the Tropic
Harbor Condominium Project. The estimated construction cost is $250,000.00 and proceeds are
available from the Stormwater Utility Fund. The City Attorney's Office is in the process of
negotiating with Tropic Harbor to determine the amount the Association should contribute.
(see attached)
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: (see attached)
Department Head Signature: 1~
Determination of Consistency with comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/NO tH
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
'.
SENi BY:RUDEN BARNETT FTL ;11-30-92 ;12:0BPM ;RUDEN BARNETT 16th#3~ 407 243 3774:# 2
I I
. I I
RUDEN, BARNm, MCfLOSKY, SMITH, SCHUSTER & RUSSELL, P.i'.
ATTORNM AT LAW ,
BOCA RATON I 200 EAST lliIOWARD BOULEVARD ~
MIAMI I POST OFFICI BOX 1900 ~"
MIMII II4CH FORT LAUDEltDAI.E, FLOAlDA 33302 T~
- \1
(305) 764,,66eO i i
MIAMI UNE (305) 944.32.3 , I
BOCA. AATON LINE (~n 39z.9m ~lTER:S DIRECT DIAL *,MlEl
FAX l3OJ) 1604 -4996 ,
(305) 527-2 25
November 30, 1992 I
,.._~ .' .1..
',.'-1 i= ~,_, ~ ~ \/ ~i; ,
NOV 3 0 199
David Harden, city Kana I
CITY MANAG~1'S 01frc!::
lOON.W. 1st Avenue
Delray Beach, Florida 3 I
Re: Storm System Servicing int.er A1.1A .
rop1C
Harbor ")
Dear Davidt I
. i . . I.
This is to cont rm our telephone conversat~on th~s III rn1nq
with respect to the pr posed agenda item regarding the S stem.
In that regard, on Wed eaday, November 25, 1992, I had oc .
S10n
to telephone your ofti e and learned that the matters at, lissue
regarding the System re proposed as an agenda i tam fo~ the
City Commission meetin to be'held tomorrow, Tuesday, De~mber
1, 1992. .' \
In. that regard., a discussed. this morning, I recei ed a
telephone call on Wed esday, November 25, 1992, from S 'rley
Ramsey, the pres1d nt of Tropic Harbor Assoc ' tion
(" Association") extrem ly upset to hear that this matte was
contemplated as an a enda item, . In that regard, I i ou1d
respectfully request hat this matter be taken off 0 the
agenda and that you p oceed with the bid. process in or r to
timely commence the r pairs necessary for the System. IAs I
advised, I acknowledge that your continuing with the r airs
for the System: ia einq done without prejudice to your
position. Non.theles , however, I have identified the
Assooiation's position before and I respectfullY respec our
differenoes of opinion n the ieeues. . ~
In order for you t understand the severity 'Of the h Ith,
safety and welfare iss es facinq the Association and th8J City
with r..pect to the c napse of the Syst...., I have Gnioe.d
herewith recent photoq phs taken evidencinq the extreme ture
of the problem. I str nqly recommend that additional st. are
taken by the City wi respect to its System in ord r to
prevent additional inj u in this regard. ! i
4.D
F/'847PEREH/'
"
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SEN1 BY:RUDEN BARNETT FTL ;11-30-92 :12:08PM :RUDEN BARNETT 16th#3~ 407 243 3774:# 3
-
1
!
I
November 30, 1992
paqe 2
I
II
I,
Please contact me i ediately in order to advise wheth~r or
not the matter will b taken off the aqenda so that . can
coordinate the Associat on's efforts in that regard. :
y yours,
SKX~r'
.,
il
jl
I
cc: Mrs, Shirley Ramsay
I
F/1847PEREH/1
RUDEN, BARNm, cCLOSKY, SMITH, SCHUSTER &r RUSSELL, P. A. I
I
".
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID HARDEN
CITY MANAGER
FROM: RALPH HAYDEN, P.E~
CITY ENGINEER
DATE: NOVEMBER 24, 1992
SUBJECT: TROPIC HARBOR CONDOMINIUMS
PAVEMENT DETERIORATION
PROJECT NO. 92-40
------------------------------------------------------------------
Attached is an Agenda Request and supporting information for the
regular Commission Meeting on December 1, 1992, requesting
direction from commission regarding the release of the project for
bid and entering into agreements between the city and Tropic Harbor
required to proceed with the reconstruction project.
This project consists of installing approximately 2200 L.F. of
reinforced concrete drainage pipe, 40 drainage structures and
additional items such as pavement restoration, etc. .
The funding source for this project will be the storm water utility
fund and contributions from Tropic Harbor.
DB:RH:db
Attachment
File: Project No. 92-40
Memos to City Manager
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- ---
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----
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----- <{
--- - ----- W
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~ 0
TROPICAL ISLE ..:
0
HARBOR z U
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I I--
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C-15
PROJECT
LOCATION
LOCATION MAP
..,
PAVING AND DRAINAGE SYSTEM DETERIORATION
TROPIC HARBOR CONDOMINIUMS
BACKGROUND
The Tropic Harbor Condominium development is located between
Tropic Isle Harbor and Spanish Trail near the south limits of the
city (see location map). The Engineering Dept. was notified by the
condominium association of pavement collapsing within the driveways
and parking areas at the condominium project (see attached
photographs) . The following is a chronological overview of the
events which have occurred over the past several months regarding
the problems associated with the repair of the storm drainage
system as well as the request and recommendations from staff.
REQUEST
Staff request city commission consider the reconstruction of
the drainage system and pavement restoration for the Tropic Harbor
Development. Funding for the reconstruction would be provided from
the storm water utility fund and Tropic Harbor Condominium
Association. The total estimated cost of the reconstruction is
$250,000, one third of which( $83,000) is to be provided by the
association the remaining $167,000 to be funded by the City. An
agreement will be required between the association and the City
regarding funding. Easements will be required from Tropic Harbor
for those portions of the drainage system which are to be
reconstructed on private property. This will allow the city to own
and maintain the system once completed. Tropic Harbor will also be
required to disconnect all air conditioning water discharge to the
drainage system and submit a plan to accommodate this discharge by
other means.
RECOMMENDATIONS
Staff recommends approval by commission to release the proj ect
for bids and to enter into agreements with tropic harbor regarding
funding and obtaining easements. Tropic Harbor is to be put on
formal notice to disconnect air conditioning water discharge to the
drainage system and to provide the City with an alternate plan to
accommodate the air conditioning discharge.
'.
CHRONOLOGY OF EVENTS
June 18, 1992: Letter from Tropic Harbor Association, Inc. to
the City Council to inform them of pavement deterioration within
the parking areas at the subject project (see attached
photographs) .
June 26, 1992: Response letter sent to Tropic Harbor
Association, Inc. from the Asst. City Manager informing the
association of the city's plan of action. This plan involved
temporary repair work, survey of the affected areas and evaluation
of the paving and drainage systems for corrective recommendations.
July 28, 1992: Letter sent to the Tropic Harbor Association,
Inc. from the city Manager informing them that the cause of the
pavement deterioration was a result of the collapse of portions of
the drainage system. The letter also informed the association that
a contributing factor to the collapse of the drainage lines was the
constant flow of air conditioning coolant water discharging into
the drainage system and that these connections would have to be
discontinued and that Tropic Harbor should share in the cost of
reconstructing the drainage system.
August 21, 1992: Letter received by the City Manager from the
attorney representing the Association informing the Manager of the
posi tion held by Tropic Harbor. Their position is that the
drainage system was originally located within the right of way of
Spanish Trail and as a result of the abandonment of a portion of
Spanish Trail the drainage system is now on the Tropic Harbor
property.
The Engineering Department subsequently researched the claim
by the association. The research indicated that their was no
drainage constructed within this area per the original plat for
Tropic Isles developed in 1957. When the Tropic Harbor Condominium
Development was constructed in 1968 a portion of Spanish Trail was
abandoned at the request of the developer and a drainage system was
constructed to accommodate storm water runoff from the condominium
proj ect. Al though a portion of Spanish Trail drains into this
system, the majority of drainage into this system is contributed by
the Tropic Harbor Condominium development. Discharge from the air
conditioning coolant water was connected to the drainage system.
These connections not only decreased the capacity of the system to
accommodate storm water but also accelerated the deterioration of
the pipes. There is no record of these connections being permitted
by the city.
September 14, 1992: Response letter sent to the attorney for
the association from the City Manager indicating that the
Engineering Dept. was in the process of preparing construction
plans for the paving and drain'age rehabilitation and that the
'.
CHRONOLOGY OF EVENTS (CONT.)
City's position had not changed with regards to the association
being responsible for a portion of the construction cost. The City
Manager and the city Engineer met with the attorney for Tropic
Harbor regarding these matters.
September 25, 1992: Letter directed to the attorney for the
association from the ci ty Manager regarding the outcome of a
meeting on September 14, 1992. The letter reiterated the City's
original position that Tropic Harbor should be responsible for the
construction cost on private property.
October 22, 1992: Letter received by the City Manager from the
attorney representing the Association responding to the last letter
from the Manager. The association still maintains that the storm
sewer is the responsibility of the city and that the association
should not incur any of the construction cost for repair of the
system.
November 9, 1992: Response letter sent to the attorney for the
association from the Asst. ci ty Attorney. This correspondence
informed the association of the City's findings with regards to the
ownership and responsibility of the storm drainage system and
quoted recorded documents as supporting evidence of the city's
position. This was the last correspondence between Tropic Harbor
and the city.
The Engineering Department has completed Detailed construction
plans and contract documents for bidding purposes. The plans
consist of the removal of the collapsed corrugated aluminum pipe
and the reconstruction of the system with reinforced concrete pipe.
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RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P. A.
ATTORNEYS AT LAW
BOCA RATON 200 EAST BROWARD BOULEVARD ORLANDO
MIAMI POST OFFICE BOX 1900 SARASOTA
MIAMI BEACH FORT LAUDERDALE. FLORIDA 33302 TALLAHASSEE
NAPLES -
(305) 764-6660
MIAMI LINE (305) 944-3283
BOCA RATON LINE (407) 392-9771 WRITER'S DIRECT DIAL NUMBER
FAX (305) 764 - 4996 (305) 527-2425
October 19, 1992
RECEII/EO
David Tolces, Assistant City Attorney OCT 2 2 1992
city of Delray Beach CITy M
200 N.W. 1st Avenue ANAGFq.S
Delray Beach, Florida 33444 OFFICE
Re: Tropic Harbor
Dear David:
I am in receipt of David Harden's letter dated September
25, 1992 and as I reiterated to you at our meeting on Thursday,
October 15, 1992, the evidence clearly supports Tropic Harbor's
position that the storm sewer system is a City of Delray
("City") system. In that regard, the City paid for the initial
installation of the system, and the system has always been
maintained by the City, notwithstanding that a portion of that
system lies just outside the existing publicly dedicated
right-of-way (clearly as a result of the vacation and
abandonment set fortp in Resolution No. 29-69~ in which the
City officials, at the time, erroneously stated hat there were
no utility lines within the right-of-way). Further, the system
lies upon common area owned by Tropic Harbor. Further, as the
engineering plans that I showed you depict the location of the
storm sewer, as well as the water main, clearly the water main
lies just outside the storm sewer, showing that the City
intended to place the public utilities in the right-of-way.
Obviously, upon the vacation, the City officials failed to
obtain an easement for such utilities that were in place.
Notwithstanding the evidence that has been presented to the
City, you reiterate the City's position that Tropic Harbor is
responsible for approximately $40,000 of the cost necessary to
replace the storm sewer system. We find this position
untenable and assume that to the extent the City were to
prevail on that theory, in the alternative then, the city would
be liable to Tropic Harbor for the fair market rent in
utilizing its property from the early 1960's through today's
F /1783PEREH/ 1
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October 19, 1992
Page 2
date and hereinafter in perpetuity or in the alternative there
has been a "taking" which will require compensation by the city
to Tropic Harbor.
As discussed, we would entertain an amicable resolution to
this matter. As you can appreciate, our client is extremely
anxious to resolve this matter and would wish to do so on or
prior to November 10, 1992, otherwise we will proceed with our
administrative remedies and if need be upon exhaustion thereof,
pursue any and all other rights that we may have at law and/or
in equity.
I look forward to discussing this matter with you.
truly yours,
SMITH,
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F 11 783PEREH/1
RUDEN, BARNETf, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P. A.
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November 9, 1992
Mr. Samuel D. Navon
Ruden, Barnett, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Blvd.
Fort Lauderdale, FL 33302
Re: Storm Sewers at Tropic Harbor Condominiums
Our File No. 28-92,004
Dear Sam:
This letter is in response to your correspondence 'of October
19, 1992. I apologize for not getting back to you sooner, but
I have had a busy trial schedule, After meeting with Dan
Beatty' from the City's engineering department, and the City
Manager, it is the City's position that Tropic Harbor
Condomi~ should be responsible for one-third of the cost of
reconstructing their storm sewer system,
You state in your letter that "the evidence clearly supports
Tropi,c Harbor's position II Unless you can provide me
. . . .
some substantial documentary proof, I must disagree with your
assertion. I have not seen any documents which indicate that,
the City constructed the storm sewer system.
In February of 1957, the Tropic Isle Company, Inc. submitted a
drainage plan for the "Harbor Drive Trading Center and Tropic
Isle", The original drainage plan from 1957 shows only the
original easement and outfall into the canal on the, north end
of Trop~c Harbor. There are no indications that the existing
drainage system was contemplated at that time.
In 1968, the Tropic Harbor Devf;lopment corporation submitted
plans for a drainage system designed to serve the Tropic Harbor
development. As indicated on the drawings, all of the contour
lines and inlets were designed to drain runoff from Tropic
Harbor's parking lots and roofs, While Borne runoff would come
from the City's streets, a large portion of the runoff was
designed to come from the parking lots and roof drains of the
condominium buildings. Thus, all indications from the drainage
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plan support the City's contention that the developer designed
and constructed the storm sewer system for private use.
The City denies that it ever paid for the installation of the
system. I have been unable to locate any contracts which the
City entered into for the construction of the drainage system.
Furthermore, the drainage plans called for the system's pipes
to be constructed with reinforced concrete, Nevertheless, the
pipes which the developer installed were made of corrugated
aluminum. I do not believe the City would have deviated from
the plan requirements if the City did In fact install the
system.
At our meeting you indicated that you located one of the
developers who could remember that the City did install the
drainage system. I believe that if you speak with him further,
he may have mistaken the installation of the drainage system
with the water and sewer system. My investigation did reveal
that the City did install the water and sanitary sewer lines
within easements granted to the City by the Tropic Harbor
Development Corp. in 1968. (Copies are attached).
The City's Engineering Department is in custody of "as built"
drawings which show that the water lines and sanitary sewer
were pr~ly constructed in those easements. Therefore, your
argument that the City's water and sewer lines improperly cross
Tropic Harbor's common area is incorrect. Any allegations
regarding "takings" is also misplaced.
You rdise another issue regarding an erroneous resolution and
the City abandoning rights of way which contained the storm
sewer system, Upon reviewing the materials, it does not appear
that the drainage facilities existed at the time of the
abandonments. One abandonment took place on May 13, 1968, and
the second took place on June 23, 1969. The designed drainage
plan shows that the drainage inlets were to be installed within
the right of way which existed after the abandonment. For Borne
unexplained reason, however, the developer constructed the
storm sewer system on the Tropic Harbor property, outside of
the City's right of way. There are no documents, however, which
illustrate that the developer ever dedicated these lines to the
City. Therefore, Resolution 29-69 is not erroneous, as the
drainage inlets and pipes were not constructed at that time.
The City's position remains that Tropic Harbor should be
willing to contribute its fair share to the City in order to
reconstruct Tropic Harbor's private storm sewer system. There
is no evidence that the City ever assumed control over the
storm sewer system. The Tropic Harbor Development Corp.
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constructed the system, and at some point in time improperly
connected the air conditioning cooling water system to the
drainage network. Consequently, the corrugated aluminum piping
deteriorated at an accelerated rate causing the problem which
exists today.
The City.s offer is a fair one when you consider that the
replacement of the whole drainage system could run about
.fJ ,;!,~Of 000 -$-2-0~ The City could require Tropic Harbor to replace
the whole system; however, due to the urgency of the situation,
the one-third contribution request is eminently fair and
reasonable. I again provide you with the proposed agreement
outlining the parties responsibilities for your review.
I look forward to hearing from you soon. Take care.
Sincerely,
OFFXCE OF THE CITY ATTORNEY
CITY OF DELRAY BEACH, FLORIDA
By:
- '.~. David N. Tolces, Esq.
Assistant City Attorney
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~rop1CJl.ant
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TROPIC HARBOR CONDOMINIUMS
PAVEMENT DETERIORATION
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~,1
SUBJECT: AGENDA ITEM tt q IE - MEETING OF DECEMBER 1. 1992
ADDITIONAL RIGHT-OF-WAY/N.E. 1ST STREET
DATE: November 25, 1992
This item is before you to consider transferring land from the
description of Veteran's Park to N.E. 1st Street in order to
accommodate a parking area adjacent to Veteran's Park.
As presently exists, the parking area straddles the park land and the
adjacent right-of-way. In order to be constructed without a
significant departure from the City's development codes, it is
necessary to include the totality of the parking area within the
right-of-way.
At the September 3, 1991 special meeting, the Commission considered a
waiver of the development standards regarding back-out parking at
Veteran's Park. At that time the City Attorney advised that the
waiver action was not appropriate. It was suggested that the
Commission replat the Veteran's Park site with the parking spots
placed into the right-of-way. The Commission consensus was to hold
the parking area on 1st Street in reserve until such time that the
need is determined, after which the matter would be brought back to
Commission for review and direction and to install if deemed to be
appropriate.
At the September 22, 1992 regular meeting, the Commission awarded the
bid for construction of improvements at Veteran's Park. That approval
included the parking area.
If the Commission desires to proceed with the parking area a re-plat
must be processed and approved prior to the completion of the
construction. The re-plat action would be ministerial in nature, and
thus, not subject to denial. Additionally, a waiver of the perimeter
landscape requirement and Special District Boundary Treatment
requirements is required. A detailed staff report is attached as
backup material for this item.
Recommend that the City Commission authorize staff to proceed with
replatting to add five feet to the south side of the N.E. 1st Street
right-of-way, and waive the perimeter landscape requirements to allow
a five foot landscape strip between the right-of-way and the lawn
bowling courts in Veteran's Park instead of the ten feet normally
required.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
FROM: DAV D J. OVA~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 1, 1992
ADDITIONAL RIGHT-OF-WAY FOR N.E, 1ST STREET
(PARKING FOR VETERAN'S PARK)
(NOTE: THIS DOCUMENTATION IS REVISED FROM THAT INITIALLY
PROVIDED FOR CONSIDERATION AT NOVEMBER 24TH MEETING OF
THE COMMISSION.)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
transferring land from the description of Veteran's Park to
right-of-way for N.E. 1st Street.
The purpose of the transfer is to facilitate the provision
of on-street parking which may be used in conjunction with
Veteran's Park.
The affected land is a strip, 5' x 204', on the south side
of NE 1st Street, commencing just east of the driveway
entry to Veterans Park and running eastward. See attached
exhibit.
BACKGROUND:
This item is before the City Commission in order to proceed with
a portion of the Veteran Park redevelopment, pursuant to
Commission action on September 22nd. At that meeting, the
Commission granted an award of contract including "Alternate 1"
which provides the construction of parking along the south side
of NE 1st Street (Minutes of 9/22 are attached),
As presently exists, the parking area straddles the park land
and the adjacent right-of-way. In order to be constructed
without a significant departure from the City's development
codes, it is necessary to include the totality of the parking
area within the right-Of-way.
Objections Raised: Attached is a letter, dated October 8th
(copy attached), from Roy Foster in which he raises an objection
to proceeding with installation of parking along NE 1st Street
at this point in time. Also attached is the City Manager's
response which responds to five specific questions raised by Mr,
Foster,
City Commission Documentation
Issuance of Deed, Additional Right-of-Way for
N.E. 1st street (Parking for Veteran's Park)
Page 2
Previous Considerations: In response to Mr. Foster's inquiry, a
review of the project's history was undertaken, That review is
reported the Director of Planning's file memo of October 19th
(copy attached). In brief, by direction given on September 3,
1991, construction for the subject parking area was to be put
on-hold until a need was determined and then, to have the item
brought before the Commission for further review.
ADVISORY BOARD CONSIDERATION:
Since the Veteran's Park development is a site plan action, only
the Site Plan Review and Appearance Board is involved in the
review/approval process. At its meeting of June 10th, 1992,
SPRAB discussed the situation and noted that while shown on the
site plan, the parking area was not to be apart of the approval.
Their formal action excluded the area along NE 1st Street for
parking purposes but did include the landscaping of the area
(see attached excerpt of the landscape plan).
FACTORS FOR CONSID~RATION:
Determination: Prior to preparing the replat which accommodates
the right-of-way dedication, the City Commission should make a
finding, pursuant to its direction of September 3, 1991, that
there is a need for the parking, In this manner, we do not
expend time and resources in preparing a plat which might later
not be approved.
Code Implications: If the project goes forward as currently
proposed, two code deficiencies will be created. One is that
the perimeter landscape requirement of ten feet (10') will not
be met -- a five foot (5') strip will be provided. The other is
Special District Boundary Treatment requirements [4.6.4(E)]
which requires a fifteen foot (15') landscape area (or 10' area
wi th a 6' wall or 4 1/2' hedge) on the CF boundary abutting
residentially zoned property. In both cases, a non-conforming
situation will be created since the granting of the deed follows
approval of the site plan. While not common, this practice has
been exercised during the review and approval of private
development applications.
The result of transferring the property as right-of-way will
place all of the parking within the street section. As such,
the approval of perpendicular parking lays with the City
Engineer.
City Commission Documentation
Issuance of Deed, Additional Right-of-Way for
N.E. 1st Street (Parking for Veteran's Park)
Page 3
ALTERNATIVE ACTIONS:
Given the above background and analysis, there appears to be two
courses of action available to the City Commission. They are:
1. Find that there is a need for additional parking in the
vicinity of Veteran's Park; and direct the Administration
to accommodate appropriate modifications to the previously
approved site and development plan; and, to proceed with
preparation of a plat which is to be approved and recorded
prior to completion of the Veteran's Park project.
2. Proceed with the direction as given in September, 1992,
defer action on the parking situation at this time, and
direct the Administration to remove Alternate 1 from the
previously approved award of bid,
RECOMMENDED ACTION:
Commission discretion.
Attachments:
* Location map of the area to be transferred
* Roy Foster letter of October 8, 1992
* City Manager reply letter of October 18, 1992
* Minute excerpt, CC meeting of September 22, 1992
* File Memo (Planning Director) dated October 19, 1992
* Minutes excerpt, CC meeting of September 3, 1991
* Approved landscape plan
* Construction plan showing inclusion of parking
I
T:CCVETPKG.DOC
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October 8, 1992 ~:E:Ct:lVf::L~
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OCT 9 1992
~avid T. Harden, C/I( ~.:.'ii;.~'>:(7'~ I1FICE.
City Manager,
Delray Beach, Florida
Dear Mr. Harden:
Thank you for your reply to my letter of June 4th.
I'm shocked that the commission are going back on their word NOT'to
turn 1st Street into a parking lot unless it is prove4 imperative.
It's sad that our city's democratic process finds it so easy to reverse
a decision when a -handful- of residents are affected. Given the voting
power of "King's Point" I'm sure there would have been an entirely
different scenario.
It appears that certain members of the commission are determined to
persecute the residents. As Arnold Mouw said, -Just to knuckle under
to a group of residents because they use N. E. First Street as a
personal parking lot is not right". I assume he is directing his
rhetoric at the residents of Park View - who are near~y all elderly
retired ladies.
This combative attitude leaves us no alternative but to pursue the issue,
If possible, I would first prefer to meet with you to discuss the
situation.
If not, would you, or staff, please answer the following questionst
_1. When were the park building bids discussed, and accepted, by the
commission'?
2. What and when is the next stage in the adoptive procedure for the
plans and the building budget?
3. What is the legal process for a waiver and re-plat to accommodate
the parking and back-out requirements?
4. Wil~ this waiver and re-plat set a precedent for future city
planning'?
5. What time-frame is required to legally object to the proposals?
Thanking you for your co-operation.
Sin~Y. tcr-\J' .
R. H. ;:lr
825 N. E. First Street
Delray Beach, FL 33483
Tel: 265-2296
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[ITY OF OElRAY BEA[H ~
100 N W. lit AVENUE . DELRAY BEACH. FLORIDA 3J444 . 4071243.7000
r"'~~"'~"~rm
October 19, 1992 ~:: . ',,' , '. - , ':::,:11
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Roy H Foster p: '. ~,"';',,'~ .~ -......NING
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825 N.E. First Street -' ....
Delray Beach, Florida 33483
Re: Your Inquiry of October 8th Re N.E. 1st Street Parkinq
Dear Roy:
The following is provided in direct response to the five
questions posed in your letter of October 8, 1992.
1, When were the park building bids discussed, and accepted, ,j
by the Commission?
Response: The award of bid occurred at the City Commission
meeting of September 22, 1992. A copy of the relevant
portion of the minutes is enclosed.
2. What and when is the next stage in the adoptive procedure
for the plans and the building budget?
Response: There are no further actions to be taken by the
City Commission in order to go forwarded with construction.
However, I have directed our Engineering Department to
notify the contractor that he is not to proceed with the
parking improvements along N.E. 1st Street (Alternative Bid
Item) until further authorization is provided. This
authorization would occur once the necessary land use
approval has been obtained (see next response).
3. What is the legal proces l! for a waiver and re-plat to
accommodate the parking and back-out requirements?
Response: Since discuss ions in September, 1991, it has
been determined that the waiver process is not appropriate.
Thus, in order to proceed in a proper manner, the City
would dedicate the land which is to be used for parking ,'"
purposes as additional right-of-way for N.E. 1st Street. IJ
This can be accomplished by a plat or by deed. In either
situation, the final action rests with the City Commission.
T _ L-____ ^ ,,~.-----
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, To: Roy H. Foster
Re: N.E. 1st Street Parking
I Page 2
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4. Will this waiver and re-plat set a precedent for future
city planning?
Response: This action is not precedent setting but it does
affirm our position to proceed through public channels in
projects undertaken by the City i.e. seeking ./
appropriate
approvals prior to actually doing work. Another aspect,
that of other than parallel parking within rights-of-way is
not precedent setting in that such parking exists along
A-I-A, N.E. 1st Avenue, and elsewhere in the City.
5. What time-frame is required to legally object to the
proposals?
,'\~~esponse: The time to object further is when either the
~ replat or dedication deed is before the City Commission.
~~ ~ The act of approval of the dedication instrument is
~ <I necessary in order to proceed wi thout violation of our
~' municipal codes. As of this time, I do not know when the
~~. item will be before the City Commission.
~ '0\
l~ \ ~ At the present time, our staff is looking further into the
. process which we will pursue. Once that is decided and a
~ ~ tentative date for City Commission consideration is set, I will
P so inform you. As a part of our documentation which is prepared
for the Commissioners, I will include your letter and a history
of previous comments, -
I trust that this information is responsive to your inquiry and
is sufficient for the time being.
Sincerely,
U-rfJ-<~
David T. Harden
City Manager
DTH/dlm
c:
David Kovacs, Director of Planning
Ralph Hayden, City Engineer
Joe Weldon, Director of Parks and Recreation
e DJK/CMFOSTER.DOC
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Records System Software - Fire Department - in the amount of ,
$17,000, with funding from Fire Computer Equipment/Installation
(Account No. 001-2311-522-60.57).
Assistant City Manager Barcinski responded to a ques-
tion by Mr. Randolph regarding the inflated price of $40,000 in
his backup memo dated September 17, 1992, by stating that if the
contract should be bid today, it would be $40,000, but A.L.
Roarke is honoring the $17,000 as originally bid.
Mr. Randolph moved for approval, seconded by Or.
Alperin. Upon roll call the Commission voted as follows: Or.
Alperin - Yes; Mr. Andrews - Yesj Mr. Randolph - Yesj Mayor Lynch
- Yesj Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A.A.(8.R.5.) Veteran's Park Redevelopment. The Commission
is to consider an award of contract to Dutch Construction Company
in the amount of $440,069 which includes. Alternates 1, 2 and 3,
wi th funding from 1987 Utility Tax - Veteran's Park (Account No.
333-4151-572-61.42), General Construction Fund - Redevelopment
Veteran's Park (Account No. 334-4126-572-61.63) and Decade of
Excellence Bond Issue (Account No. 225-4126-572-61.63).
Mr. Mouw stated the $440,069 (includes Alternates 1, 2
and 3) does not agree with the backup material in the amount of
$440,059; it also states that $440,059 inc~udes Alternates 2 and
3, but not Alternate 1. ,
The City Manager stated Alternate 1 is the additional
parking on the north side of the park, at a cost of $1,300; the
recommendation from staff was to award, with ~lternates 2 and 3.
Mr. Mouw moved to award the Veteran's Park development
to Dutch Construction Company in the amount of $441,359, includ-
ing Alternates 1 , 2 and 3, seconded by Dr. ^lperin. Upon roll
call the Commission voted as follows: Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin -
Yes. Said motion passed with a 4 to 1 vote.
9.A.A.A.A.A.(8.B.) Acceptance of Grant Funding. The Commission
is to consider accepting a grant in the amo~nt of $25,000 from
the Palm Beach County Sports Authority to help defray the City's
expenses associated with the Virginia Slims Tennis Tournament and
authorize Mayor Lynch to execute the associated grant agreement.
The City Manager stated that the city Attorneys have
negotiated a number of extensive changes in the agreement and,
upon discussion, it has been agreed to return this item to the
agenda of October 13, 1992.
9.A.A.A.A.A.A.(8.R.6.) Currie Commons Park Redevelopment and
Miller Field Expansion - AGB Capital Properties. Inc. as follows:
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-8- 9/22/92
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1) PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~LE PROJECT 91-148, VETERANS PARK
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FROM: AVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: OCTOBER 19, 1992
SUBJECT: EVENTS RE PARKING ON N.E, 1ST STREET AT VETERANS PARK
July 16, 1991:
* City Commission (C.c. ) worksession review of conceptual
plan, including parking along N.E. 1st Street, consensus to
move forward.
August 27, 1991:
, * Public Hearing re waiver to code requirements pertaining to
back-out parking, into a right-of-way. Request made for
additional information. Continued to September 3rd.
september 3, 1991:
* Special C.C. meeting. City Attorney rules that the waiver
process is not appropriate. C,C. direction as follows:
-- design to accommodate the parking:
-- hold construction until a need is determined;
-- come back for direction if it appears there is a need;
-- staff to assess the situation pertaining to use of
right-of-way for exclusive parking in the area,
June 10, 1992:
* SPRAB meeting to consider final site plan:
-- Foster provided letter of concern regarding parking
along 1st being shown on the site plan,
-- Staff report noted that the parking was "designed in"
but was not to be constructed, per 9/3/91 C.C.
direction.
-- Architect stated that the parking was shown per
:t direction of the City but is not a part of the
submittal.
-- SPRAB approval included deletion of the parking area
(as a part of the current consideration).
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september 22, 1992: t'
* C.C. meeting, award of bid. The parking was bid-out as
an
alternate. A low value was received. The C,C. authorized
award of the bid with the parking alternate,
september 23, 1992:
* Contractor is not to commence work 011 the parking area
until given further authorization. This direction was
provided by the City Manager at the Department Head meeting
following the city Commission meeting.
October 8, 1992:
* Letter from ROY Foster objecting to proceeding with the
parking area given previous assurances that a need would be
determined prior to going forward,
October 19, 1992:
.
* Letter from Harden to Foster laying out the current
situation and process to be followed,
Items to Consider in Proceeding with the Parkinq:
1. Verify survey of street, right-of-way, etc to determine e:
that the resulting parking configuration (per the Veterans
Park plans) will meet acceptable specifications for
perpendicular parking,
2. Verify that the proposed landscape treatment will still
work and remains acceptable, Identify any increase in
costs associated with a change to the landscaping.
3. Identify changes to the irrigation plan. Should be a
further deduct.
4. Note that curb stops or a continuous curb needs to be
installed ... impact upon drainage, beneficial impact as it
pertains to the remaining landscape area.
S, Consider use of a deed for dedication of right-of-way
instead of platting. See LOR Section 2.4.S(L)i also,
definition of a minor plat.
6, Realize that a non-conforming situation will be created
with respect to boundary relationship between the CF and RM
properties.
7. Realize that a non-conforming situation will be created
with respect to the depth of the perimeter landscape area t~
wi th respect to the sidewalk to the south, at least along
the east end.
8. The question/issue regarding the legal status of parking
spaces on the north side of the street (N.E. 1st) should be
addressed. 2 -
-
,"
SEPTEMBER 3 , 1991
A Special Meeting of the Ci ty Commissl.on of the City of Delray
Beach, Florida, was called to order by Mayor Thomas E. Lynch in the
Commission Chambers at City Hall at 6:00 P.M. , Tuesday, September 3,
1991.
Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
Commissioner Armand Houw
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Jeffrey S. }(urtz
Mayor Lynch called the meeting to order and announced that this
meeting has been called for the purpose of considering the following:
1. Waiver of Development Standards Regarding Bacl(-Ou t Parking and
Perimeter Landscaping for Improvements Proposed at Veterans Park. .'
. The Ci ty Attorney stated there are three letters from Ms.
i .okes on this issu~. One of them was regard~ng the requisite standards
or granting the wa~ver. It was her content~on that 2.4.7(B) (2) of the
LDRs sets forth certain criteria for the granting of this type of
waiver. It is his opinion that 2.4.7(B) (2) is not applicable, as it is
only available where there is no other avenue of relief. Unfortunately,
the same conclusion must be reached with respect to the ability to waive
this particular ordinance pursuant to Section 30.15 of the Code of
Ordinances. He explained, if a situation should occur where a variance
is available through the Board of Adjustment, the other two provisions
of the ordinances are inapplicable. Therefore, he feels the waiver for
these development standards is not properly before the Commission
tonight. However, the basic question before the Commission is, shall
backout parking remain in the configuration that has been discussed. He
concurs with Mr. Kovacs, Planning Director, that the property can be
replatted and the proposed parking spots placed into the right-of-way.
The basic issue consists of replatting to extend the right-of-way on
N.E. 1st Street so these particular parcels will not be on City prop-
erty, but rather on the right-of-way. The waiver would not be an
effective method to accomplish this; however, a replat would be a
technical solution to arrive at the same point as would be accomplished
by a waiver.
Mr. Kovacs commented that a technical way to do this would be
to ask the Commission (as the property owner plus project applicant), if
'-)ackout parking is still something they would like to pursue on that
~ction of 1st Street and, if so, the architect should be so directed.
.f this is not what is wanted, then it will be designed accordingly.
".
,
Mr. Mouw expressed concern regarding what appears to be the
use, by private owners, of the public right-of-way on the north side of .
N.E. 1st Street, for the people who live 1n those apartments.
Discussion followed regarding the parking and whether or not it
is critical to the park.
The Commission concurred 1.n reserving the space, designing
everything around it and using it when the need is demonstrated.
The Commission concurred to go with the proposal as is, with
the parking on 1st Street to be held in reserve until such time that the
need is determined, at which time the matter will be brought back to the
Conunission for review and direction to install if deemed to be approp-
riate.
The Commission further concurred to direct staff to check into
the legal situation with respect to the right-of-way on 1st Street
(i.e. , private use of public right-of-way), and work toward underground
utility lines in the park.
2, Accept a Settlement Offer 1n the Amount of $4,000 to Settle the
Wagner vs the City of Delray Beach Case.
Mr. Mouw moved for approval of the settlement offer, seconded
by Dr. Alperin. Upon roll call the Commission voteq as follows: Dr,
Alperin - Yes; Hr. Andrews - Ye s; Mr. Randolph - Yes; Mayor Lynch - Yes;
Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote, .- "
)
Mayor Lynch declared the meeting adjourned at 7:40 P,M.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of De1ray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of September 3, 1991, which minutes were formal-
ly approved and adopted by the City Commission on .
oJ
-2- 9/3/91
."
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MEMORANDUM -
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
<1B
SUBJECT: AGENDA ITEM it - MEETING OF NOVEMBER 24, 1992
DEDICATION OF RIGHT-OF-WAY
DATE: November 20, 1992
This item is before you to consider dedicating land from Veteran's
Park to N,E. 1st Street in order to accommodate a parking area
adjacent to Veteran's Park.
As presently exists, the parking area straddles the park land and the
adjacent right-of-way. In order to be constructed without a
significant departure from the City's development codes, it is
necessary to include the totality of the parking area within the
right-of-way.
At the September 3, 1991 special meeting, the Commission considered a
waiver of the development standards regarding back-out parking at
Veteran's Park. At that time the City Attorney advised that the
waiver action was not appropriate. It was suggested that the
Commission replat the Veteran's Park site with the parking spots
placed into the right-of-way. The Commission consensus was to hold
the parking area on 1st Street in reserve until such time that the
need is determined, after which the matter would be brought back to
Commission for review and direction and to install if deemed to be
appropriate.
At the September 22, 1992 regular meeting, the Commission awarded the
bid for construction of improvements at Veteran's Park. That approval
included the parking area.
If the Commission desires to proceed with the parking area a re-plat
must be processed and approved prior to the completion of the
construction. The re-plat action would be ministerial in nature, and
thus, not subject to denial. Additionally, a waiver of the perimeter
landscape requirement and Special District Boundary Treatment
requirements is required. A detailed staff report is attached as
backup material for this item.
_.._--~_.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: QD T. HARDEN, CITY MANAGER
FROM: . ~oJC~D~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 17, 1992
ISSUANCE OF DEED, ADDITIONAL RIGHT-OF-WAY FOR N,E. 1ST
STREET (PARKING FOR VETERAN'S PARK)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
transferring land from the description of Veteran's Park to
right-of-way for N.E. 1st Street,
The purpose of the transfer is to facilitate the provision
of on-street parking which may be used in conjunction with
Veteran's Park.
The affected land is a strip, 10' x 204', on the south side
of NE 1st Street, commencing just east of the driveway
entry to Veterans Park and running eastward. See attached
exhibit.
BACKGROUND:
This item is before the City Commission in order to proceed with
a portion of the Veteran Park redevelopment, pursuant to
Commission action on september 22nd. At that meeting, the
Commission granted an award of contract including "Alternate 1"
which provides the construction of parking along the south side
of NE 1st Street (Minutes of 9/22 are attached).
As presently exists, the parking area straddles the park land
and the adjacent right-of-way. In order to be constructed
without a significant departure from the City's development
codes, it is necessary to include the totality of the parking
area within the right-of-way. The most efficient manner to do
this is by deed.
Ob1ections Raised: Attached is a letter, dated October 8th
(copy attached), from Roy Foster in which he raises an objection
to proceeding with installation of parking along NE 1st Street
at this point in time. Also attached is the City Manager's
response which responds to five specific questions raised by Mr.
Foster.
,"
City Commission Documentation
Issuance of Deed, Additional Right-of-Way for
N.E. 1st Street (Parking for Veteran's Park)
Page 2
Previous Considerations: In response to Mr. Foster's inquiry, a
review of the project's history was undertaken. That review is
reported the Director of Planning's file memo of October 19th
(copy attached). In brief, by direction given on September 3,
1991, construction for the subject parking area was to be put
on-hold until a need was determined and then, to have the item
brought before the Commission for further review.
ADVISORY BOARD CONSIDERATION:
Since the Veteran's Park development is a site plan action, only
the Site Plan Review and Appearance Board is involved in the
review/approval process. At its meeting of June 10th, 1992,
SPRAB discussed the situation and noted that while shown on the
site plan, the parking area was not to be apart of the approval.
Their formal action excluded the area along NE 1st Street for
parking purposes but did include the landscaping of the area
(see attached excerpt of the landscape plan).
FACTORS FOR CONSIDERATION:
Determination: Prior to granting the deed, the City Commission
should make a finding, pursuant to its direction of September 3,
1991, that there is a need for the parking.
Code Implications: If the deed is granted and the project goes
forward as currently proposed, two code deficiencies will be
created. One is that the perimeter landscape requirement of ten
feet (10') will not be met -- a five foot (5') strip will be
provided. The other is Special District Boundary Treatment
requirements [4.6.4(E)] which require a fifteen foot (15')
landscape area (or 10' area with a 6' wall or 4 1/2' hedge) on
the CF boundary abutting residentially zoned property. In both
cases, a non-conforming situation will be created since the
granting of the deed follows approval of the site plan. While
not common, this practice has been exercised during the review
and approval of private development applications.
The result of the deeding the property as right-of-way will
place all of the parking within the street section. As such,
the approval of perpendicular parking lays with the City
Engineer.
'"
City Commission Documentation
Issuance of Deed, Additional Right-of-Way for
N,E, 1st Street (Parking for Veteran's Park)
Page 3
ALTERNATIVE ACTIONS:
Given the above background and analysis, there appears to be two
courses of action available to the City Commission. They are:
1- Find that there is a need for additional parking in the
vicinity of Veteran's Park, authorize the Mayor to execute
the deed, and direct the Administration to accommodate
appropriate modifications to the previously approved site
and development plan.
2. Proceed with the direction as given in September, 1992,
defer action on the parking situation at this time, and
direct the Administration to remove Alternate 1 from the
previously approved award of bid.
RECOMMENDED ACTION:
Commission discretion.
Attachments:
* Deed
* Location map of the area to be deeded
* Roy Foster letter of October 8, 1992
* City Manager reply letter of October 18, 1992
* Minute excerpt, CC meeting of September 22, 1992
* File Memo (Planning Director) dated October 19, 1992
* Minutes excerpt, CC meeting of September 3, 1991
* Approved landscape plan
* Construction plan showing inclusion of parking
T:CCVETPKG.DOC
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October 8, 1992 Coli::: C;':; I V r:: C'
.1-- '-'-'
-
OCT 9 1992
David T. Harden,
City Manager, City ~,1;\i'J,;~;~;:'1'1) OFFICE
Delray Beach, Florida
Dear Mr. Harden:
Thank you for your reply to my letter of June 4th.
I'm shocked that the commission are going back on their word NOT'to
turn 1st Street into a parking lot unless it is proved imperative.
It's sad that our city's democratic process finds it so easy to reverse
a decision when a "handful" of residents are affected. Given the voting
power of'" King's Point" I'm sure there would have been an entirely
different scenario.
It appears that certain members of the commission are determined to
persecute the residents. As Arnold Mouw said, "Just to knuckle under
to a group of residents because they use N. E. First Street as a
personal parking lot is not right". I assume he is directing his
rhetoric at the residents of Park View - who are nearly all elderly
retired ladies.
This combative attitude leaves us no alternative but to pursue the issue.
If possible, I would first prefer to meet with you to discuss the
situation.
If not, would you, or staff, please answer the following questions:
1. When were the park building bids discussed, and accepted, by the
commission?
2. What and when is the next stage in the adoptive procedure for the
plans and the building budget?
3. What is the legal process for a waiver and re-plat to accommodate
the parking and back-out requirements?
4. Wil~ this waiver and re-plat set a precedent for future city
planning?
5. What time-frame is required to legally object to the proposals?
Thanking you for your co-operation.
Si~Y' ~W .
R. H. :1r
825 N. E. First Street
Delray Beach, FL 33483
Tel: 265-2296
.-
."
.- ~
\.:...,.~
-
[ITY DF DElRAY HEAEM
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
W~~~~~"~IID
,. . n
t ','! ,',\.' _ _ _ ''':1 I
October 19, 1992 I "~ '.- r I
~.,> . ''4;0
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~ . ,,-, I J..
Roy H. Foster ,-. " - "NING
p. ,,:\!,::..,. '. : 't.
825 N.E. First Street L}.,~~~.r:;~'.>.~ :.:.:.:. - ',I
Delray Beach, Florida 33483
Re: Your Inquiry of October 8th Re N.E. 1st Street Parkinq
Dear Roy:
The following is provided in direct response to the five
questions posed in your letter of October 8, 1992.
1. When were the park building bids discussed, and accepted,
by the Commission?
-
Response: The award of bid occurred at the City Commission
meeting of September 22, 1992. A copy of the relevant
portion of the minutes is enclosed.
2. What and when is the next stage in the adoptive procedure
for the plans and the building budget?
Response: There are no further actions to be taken by the
City Commission in order to go forwarded with construction.
However, I have directed our Engineering Department to
noti fy the contractor that he is not to proceed with the
parking improvements along N.E. 1st Street (Alternative Bid
Item) until further authorization is provided. This
authorization would occur once the necessary land use
approval has been obtained (see next response).
3. What is the legal process for a waiver and re-plat to
accommodate the parking and back-out requirements?
Response: Since discussions in September, 1991, it has
been determined that the waiver process is not appropriate.
Thus, in order to proceed in a proper manner, the City
would dedicate the land which is to be used for parking
purposes as additional right-of-way for N.E. 1st Street.
This can be accomplished by a plat or by deed. In either
situation, the final action rests with the City Commission.
T.,~ c~,..-,......",......,... ^ 1 ,... \/" "" ~ ----.-~........,...
'I.,
" . To: Roy H. Foster
Re: N.E. 1st Street Parking
, Page 2
-
4. Will this waiver and re-plat set a precedent for future
City planning?
Response: This action is not precedent setting but it does
affirm our position to pI:oceed through public channels in /'
projects undertaken by the City i.e. seeking appropriate
approvals prior to actually doing work. Another aspect,
that of other than parallel parking within rights-of-way is
not precedent setting in that such parking exists along
A-1-A, N.E. 1st Avenue, and elsewhere in the City.
5. What time-frame is required to legally object to the
proposals?
,,\~~esponse: The time to object further is when either the
~ replat or dedication deed is before the City Commission.
~. ~ The act of approval of the dedication instrument is
~ ..fl necessary in order to proceed without violation of our
~' municipal codes. As of this time, I do not know when the
~~. item will be before the City Commission.
~\~At the present time, our staff is looking further into the
~ process which we will pursue. Once that is decided and a
~ tentative date for City Commission consideration is set, I will
P so inform you. As a part of our documentation which is prepared
for the Commissioners, I will include your letter and a history
of previous comments. -
I trust that this information is responsive to your inquiry and
is sufficient for the time being.
Sincerely,
U~(l-<~
David T. Harden
City Manager
DTH/dlm
c:
David Kovacs, Director of Planning
Ralph Hayden, City Engineer
Joe Weldon, Director of Parks and Recreation
DJK/CMFOSTER.DOC
".
,
-
Records System Software - Fire Department - in the amount of
$17,000, with funding from Fire Computer Equipment/Installation
(Acc'ount No. 001-2311-522-60.57).
Assistant City Manager Barcinski responded to a ques-
tion by Mr. Randolph regarding the inflated price of $40,000 in
his backup memo d~ted September 17, 1992, by statinj that if the
contract should be bid today, it would be $40,000, but A.L.
Roarke is honoring the $17,000 as originally bid.
Mr. Randolph moved for approval, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch
- Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A.A.(8.R.5.) Veteran's Park Redevelopment. The Commission
is to consider an award of contract to Dutch Construction Company
in the amount of $440,069 which includes. Alternates 1, 2 and 3,
with funding from 1987 Utility Tax - Veteran's Park (Account No.
333-4151-572-61.42), General Construction Fund - Redevelopment
Veteran's Park (Account No. 334-4126-572-61.63) and Decade of
Excellence Bond Issue (Account No. 225-4126-572-61.63).
Mr. Mouw stated the $440,069 (includes Alternates 1, 2
and 3) does not agree with the backup material in the amount of
$440,059; it also states that $440,059 includes Alternates 2 and
3, but not Alternate 1.
The City Manager stated Alternate 1 is the additional
parking on the north side of the park, at a cost.of $1,300; the
recommendation from staff was to award, with Alternates 2 and 3.
Mr. Mouw moved to award the Veteran's Park development
to Dutch Construction Company in the amount of $441,359, includ-
ing Alternates 1, 2 and 3, seconded by Or. Alperin. Upon roll
call the Commission voted as follows: Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Or. Alperin -
Yes. Said motion passed with a 4 to 1 vote.
9.A.A.A.A.A.(8.B.) Acceptance of Grant Funding'. The Commission
is to consider accepting a grant in the amount of $25,000 from
the Palm Beach County Sports Authority to help defray the City's
expenses associated with the Virginia Slims Tennis Tournament and
authorize Mayor Lynch to execute the associated grant agreement.
The City Manager stated that the City Attorneys have
negotiated a number of extensive changes in the agreement and,
upon discussion, it has been agreed to return this item to the
agenda of October 13, 1992.
9.A.A.A.A.A.A. (8.R.6.) Currie Commons Park Redevelopment and
Miller Field Expansion - AGB Capital Properties. Inc. as follows:
-8- 9/22/92
.14
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~LE PROJECT 91-148, VETERANS PARK
..r ' , )~j~~
FROM: AVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: OCTOBER 19, 1992
SUBJECT: EVENTS RE PARKING ON N.E. 1ST STREET AT VETERANS PARK
July 16, 1991:
* City Commission (C.C. ) worksession review of conceptual
plan, including parking along N.E. 1st Street, consensus to
move forward.
August 27, 1991:
* Public Hearing re waiver to code requirements pertaining to
back-out parking, into a right-of-way. Request made for
additional information. Continued to September 3rd.
September 3, 1991:
* Special C.C. meeting. City Attorney rules that the waiver
process is not appropriate. C.C. direction as follows:
-- design to accommodate the parking:
-- hold construction until a need is determined;
-- come back for direction if it appears there is a need;
-- staff to assess the situation pertaining to use of
right-of-way for exclusive parking in the area.
June 10, 1992:
* SPRAB meeting to consider final site plan:
-- Foster provided letter of concern regarding parking
along 1st being shown on the site plan.
-- Staff report noted that the parking was "designed in"
but was not to be constructed, per 9/3/91 C.C.
direction.
-- Architect stated that the parking was shown per
direction of the City but is not a part of the
submittal.
-- SPRAB approval included deletion of the parking area
(as a part of the current consideration).
."
.
September 22, 1992:
* C.C. meeting, award of bid. The parking was bid-out as an
alternate. A low value was received. The C.C. authorized
award of the bid with the parking alternate.
September 23, 1992:
* Contractor is not to commence work on the parking area
until given further authorization. This direction was
provided by the City Manager at the Department Head meeting
following the city Commission meeting.
October 8, 1992:
* Letter from Roy Foster objecting to proceeding with the
parking area given previous assurances that a need would be
determined prior to going forward.
October 19, 1992:
* Letter from Harden to Foster laying out the current
situation and process to be followed.
Items to Consider in Proceeding with the Parking:
1. Verify survey of street, right-of-way, etc to determine
that the resulting parking configuration (per the Veterans
Park plans) .will meet acceptable specifications for
perpendicular parking.
2. Verify that the proposed landscape treatment will still
work and remains acceptable. Identify any increase in
costs associated with a change to the landscaping.
3. Identify changes to the irrigation plan. Should be a
further deduct.
4. Note that curb stops or a continuous curb needs to be
installed ... impact upon drainage, beneficial impact as it
pertains to the remaining landscape area.
5. Consider use of a deed for dedication of right-of-way
instead of platting. See LDR Section 2.4.S(L); also,
definition of a minor plat.
6. Realize that a non-conforming situation will be created
with respect to boundary relationship between the CF and RM
properties.
7. Realize that a non-conforming situation will be created
with respect to the depth of the perimeter landscape area
with respect to the sidewalk to the south, at least along
the east end.
8. The question/issue regarding the legal status of parking
spaces on the north side of the street (N.E. 1st) should be
addressed. - 2 -
".
.
SEPTEMBER 3, 1991
A Special Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Thomas E. Lynch in the
Commission Chambers at City Hall at 6:00 P.M., Tuesday, September 3,
1991.
Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
Commissioner Armand Mouw
Commissioner David Randolph
Mayor Thomas E. Ly nch
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Jeffrey S. Kurtz
Mayor Lynch called the meeting to order and announced that this
meeting has been called for the purpose of considering the following:
1. Waiver of Development Standards Regarding Back-Out Parking and
Perimeter Landscaping for Improvements Proposed at Veterans Park. .~
The City Attorney stated there are three letters from Ms.
Stokes on this issue. One of them was regarding the requisite standards
for granting the waiver. It was her contention that 2.4.7 (B) (2) of the
LDRs sets forth certain criteria for the granting of this type of
waiver. It is his opinion that 2.4.7(B) (2) is not applicable, as it is
only available where there is no other avenue of relief. Unfortunately,
the same conclusion must be reached with respect to the ability to waive
this particular ordinance pursuant to Section 30.l5 of the Code of
Ordinances. He explained, if a situation should occur where a variance
is available through the Board of Adjustment, the other two provisions
of the ordinances are inapplicable. Therefore, he feels the waiver for
these development standards is not properly before the Commission
tonight. However, the basic question before the Commission is, shall
backout parking remain in the configuration that has been discussed. He
concurs with Mr. Kovacs, Planning Director, that the property can be
replatted and the proposed parking spots placed into the right-of-way.
The basic issue consists of replatting to extend the right-of-way on
N.E. 1st Street so these particular parcels will not be on City prop-
erty, but rather on the right-of-way. The waiver would not be an
effective method to accomplish this; however, a replat would be a
technical solution to arrive at the same point as would be accomplished
by a waiver.
Mr. Kovacs commented that a technical way to do this would be
to ask the Commission (as the property owner plus project applicant), if
'1ackout parking is still something they would like to pursue on that
.ection of 1st Street and, if so, the architect should be so directed.
If this is not what is wanted, then it will be designed accordingly.
"
Mr. Mouw expressed concern regarding what appears to be the
use, by private owners, of the public right-of-way on the north side of
N.E. 1st Street, for the people who live in those apartments.
Discussion followed regarding the parking and whether or not it
is critical to the park.
The Commission concurred in reserving the space, designing
everything around it and using it when the need is demonstrated.
The Commission concurred to go with the proposal as is, with
the parking on 1st Street to be held in reserve until such time that the
need is determined, at which time the matter will be brought back to the
Commission for review and direction to install if deemed to be approp-
riate.
The Commission further concurred to direct staff to check into
the legal situation with respect to the right-of-way on 1st Street
(i.e. , private use of public right-of-way) , and work toward underground
utility lines in the park.
2. Accept a Settlement Offer in the Amount of $4,000 to Settle the
Wagner vs the City of Delray Beach Case.
Mr. Mouw moved for approval of the settlement offer, sE}Conded
by Dr. Alperin. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes;
Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
Mayor Lynch declared the meeting adjourned at 7:40 P.M.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of September 3, 1991, which minutes were formal-
ly approved and adopted by the City Commission on .
-2- 9/3/91
."
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'"
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER flr1
SUBJECT: AGENDA ITEM # 9F - MEETING OF DECEMBER 1, 1992
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
DATE: NOVEMBER 25, 1992
/~~~ ~()) Iy~
Tim Onnen's term as a regular member on the Code Enforcement Board will
expire on January 13, 1993. Mr. Onnen has been serving in the
layperson position. He is eligible for and wishes to be considered for
reappointment. His original appointment was in January 1989 to fill an
unexpired term and he was appointed as a regular member in January 1990
to the term ending January 1993. The new term is for the layperson
position and is for a three year term ending January 13, 1996.
Attendance sheets are attached.
'" ~Ol nfliQ By m~. mou..c.J
David Henninger was appointed as an alternate member in October 1992 to
fill an unexpired term ending January 13, 1993. He is eligible for and
wishes to be considered for reappointment. The new term will end on
January 13, 1996, and is for an alternate member layperson. Attendance
sheets are attached.
Per Code, each regular and alternate member of the Code Enforcement
Board shall be a resident of the City. Appointments shall be on the
basis of experience or interest in the fields of zoning and building
control. The term of appointment is for three ( 3) years.
The following persons have also submitted their applications for your
consideration:
Richard Brautigan James Griffis
Rosalind Murray Joann Peart
Sid Soloway Anthony Veltri
Horace Waldman Stanley Watsky
Pursuant to Commission direction, a check for code violations and
property liens has been conducted. According to City records, none of
the applicants has any outstanding violations.
Based upon the rotation system, the appointments will be made by Mayor
Lynch (Seat #5) for the regular member and Commissioner Mouw (Seat #1)
for the alternate member.
Recommend appointment of one regular member and one alternate member to
the Code Enforcement Board to terms ending January 13, 1996.
~-~:~. ..
-.-
CITY' or DELRA'
BOARD HEMB!R API TIM D. ONNEN
- Presid.",
. Tim D. onnen 220 N.E. 1st Street
Oefray ae.ch, Florida ~
HAMS 3051218-8382 . 134-5885 . .21.1902
FAX' 218-3397
I
I 2711 Boone Drive, Delrav Beach, Fla. 33483
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) -- - .-- ---
0
0 .
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I Meisner Electric Inc. of Florida: 220 N.E. 1st Street: Oelray_ Be~h, Ft. 33444
i
1 , PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
. .
I ----- -----
r 407-272-4503 407-278-8362
- --
HOMB PHONB BUSINESS PHONI
OH WHAT BOARDS ARB YOU IHTEHESTBD IH SERVIHO Code Enforcement Board
- -----.---- ---
LIST ALL CITY BOARDS OK WHICH YOU oARE CUR,RENTLY SERVING OR HAVE PR~V~8BSL
SERVED (Please inolude dates) Planninq--! ZOnlnq Board; City of ~, Iowa 0 .
. (June 1, 19lC!.: June lL..J181)
---- ---- --------_.-
EDUCATIONAL QUALIPICATIOHS Graduate of~t. Olaf College__i~ At~~
--- - --- ---------- -----
--- - --------
. LIST ANY RELATED PROFISSIOHAL CE~I'~C~~IONS ~'Pe!!!ENS8S ~~ICH i&U ~OLD.
Certified ElectriaU Contractor State F orl , Certl ectrlC4 nspec r ( ee
Attached), Member of In~;;ll<iirAssociation of Electrlcal InspeCl.Ors \"I7K:E:I:T----
------- -------------------
GIVE YOUR PRESEHT, OR HOST RECENT EMPLOYER, AND POSITIOH President,
loteisner Electric Inc. of Florida ----
----- -----------
-- --------
DESCRIBB EXP!RIENCIS, SKILLS OR !tNOWLIDGE WHICH QUALIFY YOU TO SERVI 0
THIS BOARD. JourIleYIII!!!. Muter Electrician, Certified_~tr~r
-
- -~
- ---- ---
PLBASB ATTACa '-BRIIP RISUMB.
l'HIRIBY C.ITl'Y TRAr ALL TRI ABOVE STATEMINTS ARI TRUI, AND I AOREB AN
UNDERSTAHD tl&r A.~ MISSTATIMENT OF MATERIAL FACTS CONTAINED IH THIS AP
PLICATIO" MAr CAusa rOR'IITURB UPO:I MY PART 0' ANY APPOINTMINT I' MA
RECEIVE.
,'" ~J)~~l~ 7/15/88
SIGNATURB Tim D. 0nnIn . .......-- _.
...; DATI
i ~
'.
. Re.ume of
Tim Onnen
2711 Boone Drive
. Delray Beach, Florida 33483
407-272-4503
.
Personal Data: Birthdate - May 25, 1948.
Social Security #-\78-58-4154
Married to Janet Onnen 16 years.
Two children EriJ: and Sarah ages 12 and 9,
attending Trinity Luthern School.
Church - Trinity Luthern, Delray Beach.
occupation: President of Meisner Electric
Tim Onnen, having graduated from st. Olaf college in 1970,
entered the construction field with Meisner Electric in 1971.
Tim was continuously employed with this Newton, Iowa
electrical contractor until 1981. At this time Tim and his
family moved to Delray Beach to assume control of this
Florida Division.
Tim and Janet purchased and incorporated the activities here
in Delray Beach in 1984. Meisner Electric Inc. of Florida, a
wholly owned separate electrical contractor, has since become
one of the largest electrical contractors in the Palm Beach,
Broward and Martin county areas. Having operated
successfully in Delray Beach since 1977, Meisner Electric
relocated to its present facility on N.E. 1st Street in March
of 1987.
Tim and Janet Onnen along with the other stockholders of
Meisner Electric have a desire to make a positive
contribution to the growth, development and improvement of
Delray Beach.
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. LICENSING HELD BY TIM D. ONNEN
Wcation !1E! License I
J State of Florida Electrical Contractor ECOOOO418
City of Colunoos, <lti.o Contractors License 0161
City of Des Moines, Iowa Electrical Contractor 771
State of Minnesota Master Electrician 029118
State of North Dakota Master Electrician 1207
State of South Dakota Electrical Contractor EC-I048 .
State of SoQth Carolina Electrical Contractor 8804
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER' '/
SUBJECT: AGENDA ITEM it 10 A - MEETING OF DECEMBER 1. 1992
ORDINANCE NO. 64-92
DATE: November 25, 1992
This is first reading of an ordinance modifying the Waterford Special
Activities District and Development of Regional Impact Development
Order.
The proposed modifications include:
-addition of "general retail use" as an allowable use
-change in the Master Development Plan to accommodate a general
retail use in a 136,000 square foot, single tenant building
-reduction of 419,780 square feet of allowable floor area within
the Office Park
-addition of a new access from the general retail site to the
intersection of Lindell Boulevard and S.W. 10th Avenue
-northbound, dual left turn traffic signalization at the
intersection of Waterford Place and Linton Boulevard
The Planning and Zoning Board at their November 16th meeting held a
public hearing. Several individuals spoke in opposition to the
project. Following the public hearing, a motion to approve the
application failed on a 2-4 vote. Subsequently, the Board, on a 4-2
vote, forwarded a recommendation that the requested modifications to
the SAD and DRI-DO be denied based upon 17 findings pertaining to
inconsistency with the Comprehensive Plan, performance standards in
the LDRs, and compliance with conditions of the DRI-DO. Also, as a
part of that action, the Board recommended that in the event
Commission approval is granted, 26 specific conditions of approval be
affixed to such action. A detailed staff report is attached as backup
material for this item.
Recommend consideration of Ordinance No. 64-92 on first reading.
NOTE: At the time the agenda was finalized, the ordinance was still
being worked on. It will be provided to you prior to Tuesday
night's meeting.
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
DATE: DECEMBER 1, 1992
TO: ~TY COMMISSION
. DAVfD T. ~~N' CITY MANAGER
THRU: ./D~O AC~
DIRECTOR OF PLANNING AND ZONING
FROM: GREG LUTTRELL ~
TRAFFIC ENGINEER
SUBJECT: WATERFORD S.A.D. MODIFICATION/ BUILDER'S SQUARE
TRAFFIC STATEMENT
The following comments are made as the Delray Beach Traffic Engineer
to the City Commission in response to a request made by the
Commission at its November 24, 1992 meeting. These comments are
being made after a review of the information submitted by
Kimley-Horn, the applicants Traffic Engineer.
PARKING
The applicant has requested a reduction in required parking to 488
total spaces.
The applicant submitted on November 25 and 30, 1992, two field
studies of comparable sites, information from the Institute of
Transportation Engineers Parking Generation Report, and a letter
from Builder's Square. The information provided is technically
sufficient. This information provides a basis for a reduction in
parking pursuant to L.D.R. section 4.6.9(C)(1)(g).
TRIP GENERATION
External traffic from the entire S.A.D. has been represented as
10,652 on a daily basis. In reviewing the previous traffic reports,
total external traffic was stated as being 10,042 based on
internalization of traffic within the S.A.D. Upon review, the value
of 10,042 daily external trips is appropriate.
The methodology and formulas used to calculate the traffic being
generated by this project are acceptable. The peak hour generation
rates have been modified (November 25, 1992) for the Builder's
Square. These revised values are acceptable.
Page 1
,"
There were questions raised concerning the amount of traffic from
the unbuilt/unoccupied portions of the Target and Circuit City
developments. Clarifying statements were made in the November 25
and 30, 1992, information submitted by the applicant. Both
conclusions used the same method for projecting this traffic, and
both were flawed. However, the conclusions drawn indicated that
their would be peak hour traffic making the northbound left turn at
the Waterford Place/ Linton Boulevard intersection over the
threshold necessary for two left turn lanes. I concur that the
resulting traffic making this maneuver will be over the 300 trip per
hour threshold, necessitating dual left turn lanes.
INTERSECTION ANALYSIS - GENERAL
The applicant submitted on November 25, 1992, revised intersection
Level-of-Service analysis worksheets for the Linton Boulevard
intersections at the west 1-95 ramp, east 1-95 ramp, Wallace Drive,
and SW 10 Avenue.
These revised analysis worksheets show all four signalized
intersections along Linton Boulevard will operate near the LOS C/D
threshold. Three 0 f these individual signalized intersections are
shown to have all approaches operating at or above LOS I D' . At the
Waterford Place/ Linton Boulevard intersection, the westbound left,
northbound left and northbound approach direction are shown to
operate at LOS I E I . This information is technically correct.
WALLACE DRIVE/ LINTON BOULEVARD INTERSECTION
The applicant submitted on November 25, 1992, a revised intersection
LOS analysis worksheet for the Wallace Drive/ Linton Boulevard
intersection.
As noted above, there is additional traffic from the existing
commercial developments not accounted for in the submitted material.
The study shows that the resulting volume of traffic necessitate
dual left turns for the northbound left turn maneuver, protected
signalization , and a 1.7% degradation of flow on Linton Boulevard.
This analysis methodology is acceptable, however, the the impacts on
Linton Boulevard will likely be greater than 1.7%. This conclusion
is based on the projected peak hour flows as revised in the November
30, 1992, submittal. Again however, I have no technical dispute
with the conclusions reached in the submitted materials, that the
flow for the westbound left turn and northbound direction at this
intersection will operate at LOS 'E' .
As defined in the Hiqhway Capacity manual, LOS 'E' for an
intersection approach represents a condition where individual signal
cycle failure occur frequently. This means that all vehicles
waiting at the intersection from the east to turn left and south
will not be able to enter the intersection on every signal cycle.
Page 2
.
Rather, a remaining queue of vehicles will result frequently and be
forced to wait until the next green signal cycle. This frequent
failure of the of the westbound left turn and the northbound
direction at this intersection raises greater concerns regarding the
flows on Linton Boulevard.
LINTON BOULEVARD PROGRESSION
The applicant submitted the requested progression analysis on
November 30, 1992. The analysis shows progression levels-of-service
(LOS) for east and westbound travel during the 1992 and 1993 (with
Builder's Square traffic) peak seasons. In both directions the
progression LOS degrades from LOS 'C' to LOS ' D' from 1992 to 1993.
This analysis was done in a technically correct manner. The
following observations are made relative to this analysis which
could show the results reached by the applicant to be optimistic.
0 The intersection at Congress Avenue and the segment of
Linton Boulevard from the west 1-95 signal to Congress Avenue
was not included in the progression analysis.
0 A shorter signal cycle length was assumed for the
progression analysis than for the individual intersection
analysis. This would have yielded a better progression result.
0 Optimistic individual intersection progression factors were
used assuming a fully integrated signal progression timing
pattern.
In all time frames analyzed, the segment of Linton Boulevard between
the east 1-95 ramp intersection and Wallace Drive intersection
operates at LOS 'E' . The Highway Capacity Manual defines an
arterial LOS 'E' as being characterized by "some combination of
adverse progression, high signal density, extensive queueing at
critical intersections, and improper signal timing". In this case,
the progression analysis was performed assuming an optimum
intersection progression and optimal signal timing patterns not
currently in place. This indicates that the reason for a LOS 'E'
progression would be either, or both, a high signal density (many
signal within a short distance) or extensive queueing at critical
intersections (many vehicles entering from many directions and not
being able to clear the next intersection) . Both of these are the
case, and must be addressed to improve operations on Linton
Boulevard.
The conclusion reached by the applicant is that the entire section
analyzed (Old Dixie Highway to the west 1-95 ramp intersection)
operates at LOS 'D' . The Highway Capacity Manual defines an
arterial LOS 'D' as "a range on which a small increase in f low may
cause substantial increases in approach delay". Therefore, Linton
Boulevard operates on most segments at LOS 'D' , which can easily
degrade during peak conditions, and LOS 'E' from Wallace Drive to
the east 1-95 ramp intersection.
Page 3
'"
HOURLY TRAFFIC VOLUMES ON LINTON BOULEVARD
The applicant submitted on November 30, 1992, graphs showing hourly
traffic volumes on Linton Boulevard, east of 1-95 (ie: between 1-95
and the Waterford Place intersection). These graphs show 1993
projections with the currently approved office/hotel uses and the
proposed Builder's Square. These graphs are attached.
A comparison of these graphs yields the following information
relative to the differences in effect of these two use scenarios.
The hours when an office/hotel would result in more traffic than the
proposed Builder's Square are 6-7a, 7-8a, 8-9a, S-6p, 8-9p. and
9-10p. Except for the two typical peak hours (8-9a and 5-6p) ,
represent off-peak hours where lower overall traffic volumes are on
Linton Boulevard at this location. The hours when the proposed
Builder's Square would result in more traffic than the currently
approved uses are 9-10a, 10-11a, 11a-12, 1-2p, 2-3p, and 3-4p.
These are also all off peak hours, however, these hours experience
high traffic volumes (near peak hour conditions). This comparison
leads to a question of when would it be better to have the traffic
from this project enter Linton Boulevard: spread through the early
morning and late afternoon hours when traffic on Linton Boulevard is
lower, or, during the midday when larger amounts of traffic are
already on Linton Boulevard.
CONCLUSIONS
The applicant has stated (November 24, 1992 City Commission meeting)
that the proposed Builder's Square would enhance the operations of
Linton Boulevard. This statement was made based on a redistribution
of projected traffic volumes, from the peak hours to the midday
hours. We do not agree with this statement. The 10,042 daily trips
vested for this S.A.D. will impact the road system and result in
system failures.
The Builder's Square proposal modifies the existing project traffic
distribution by increasing the S.A.D. traffic using the Water ford
Place/ Linton Boulevard intersection. The increased pressure at
this intersection must be addressed and mitigated.
Mitigation measures which could improve the operation of Linton
Boulevard include reductions in the need for north or south signal
time at the Linton Boulevard intersections. This would be by way of
reductions in approach volumes or elimination of entire intersection
approaches. Measures could also include redistribution of traffic
volumes to signals which are spaced in a manner which allows
progression to occur on Linton Boulevard. These, and possibly
other, mitigation measures should be implemented.
Page 4
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DELRAY BEACH CITY COMMISSION
FROM: JEFFREY S. KURTZ,
CITY ATTORNEY
DATE: DECEMBER 1, 1992
SUBJECT: ADDITIONAL CONDITION OF APPROVAL, WATERFORD SAD
PERTAINING TO IMPACT FEE
Pursuant to direction from Commissioner Alperin, the following
language is provided for consideration. This language relates
to Condition 120 of the DRI-DO which establishes a special
impact fee for the Waterford SAD/DRI.
The developer shall contribute an additional $.50 square
foot for all office space and $1. 55 per square foot of
retail use which is to be paid to the City of Delray Beach
at the time of issuance of building permits for such uses.
The funds shall be used by the City for roadway
improvements within the impact area. Impact area is hereby
defined as any roadway located within one mile of the
perimeter of the Water ford SAD/DRI.
The original condition dealt only with office floor area but
also addressed traffic impacts. With the deletion of office
floor area, and hence resources to mitigate traffic impacts, it
is appropriate to recapture the original commitment of funding
for traffic impact mitigation.
T/DOLLARS.DOC
".
"
.
ORDINANCE NO. 64-92
AN ORDINANCE OF THE . CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RESTATING AND AMENDING
ORDINANCE 79-84, AND ORDINANCES 96-87, AND 68-89,
WHICH PREVIOUSLY AMENDED ORDINANCE 79-84, PERTAINING
TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS,
PRESENTLY ZONED SAD (SPECIAL ACTIVITY DISTRICT) AND
LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN
LINDELL BOUL~VARD AND INTERSTATE-95, SAID LAND LYING
AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43
EAST; MODIFYING THE ALLOWABLE USES OF LAND, APPROVING
A REVISED MASTER DEVELOPMENT PLAN, ESTABLISHING
CONDITIONS OF APPROVAL FOR FURTHER DEVELOPMENT,
DELETION CONDITIONS OF APPROVAL WHICH HAVE BEEN MET OR
ARE NO LONGER NECESSARY, DETERMINING THE VESTED STATUS
OF THE WATERFORD SAD, PROVIDING A GENERAL REPEALER, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on October 9, 1984 the City Commission of the
City of Delray Beach, Florida passed and adopted on second reading
Ordinance 79-84 establishing the SAD Zoning District on the
"Water ford property" (described below) to allow for development of
hotel, office, and multifamily uses on said property; and,
WHEREAS, on May 28, 1985 the City Commission of the City
of Delray Beach, Florida passed and adopted Resolution 49-85
approving the development of Regional Impact Application for the
"Waterford property" and further setting forth conditions on the
development of said property; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, passed and adopted Ordinance No. 96-87 on second reading on
which amended Ordinance No. 79-84 by deferring
construction, certain road improvements, amending the measurement of
project phasing from a square footage basis to a traffic generation
basis and approved the site plan on the residential portion of the
project; and,
~'mEREAS , through Ordinance No. 68-89 passed and adopted on
November 16, 1989 the City Commission of the City of Delray Beach,
Florida, amended Ordinance No. 79-84 to amend the site plan for the
property and relocate access to the proposed hotel parcel; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, on October 24, 1989 passed Resolution No. 80-89 amending
Resolution No. 49-85 to provide for an initial determination by the
Planning Director to whether proposed modifications to the
development constitute a substantial deviation under Chapter 380,
Florida Statutes; and,
WHEREAS, the current owners of the property have sought a
modification to the development to replace the proposed hotel use
and approximately 50% of the proposed office space with
approximately 136,OOO square feet of retail use; and,
WHEREAS, the City Commission on determined that
such proposed modification would not constitute a substantial
deviation; and,
WHEREAS, the City and the owners are desirous of unifying
the various ordinance modifications; and,
WHEREAS, certain conditions of development have been
previously built and constructed or otherwise complied with; and,
WHEREAS, certain conditions of development are current
required by existing standard building codes and/or land development
regulations; and,
\'JHEREAS , the proposed retail use and deletion of hotel use
and reduction of office space requires amendments to certain
conditions of development and approval of a modified site plan.
- 1 -
,.
"
.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS
FOLLOWS:
That Ordinance No. 79-84, amended by Ordinances No. 96-87 and 68-89,
is hereby amended to read as follows:
Section 1. The the following described property is hereby
zoned and placed in the SAD (Special Activities District) as defined
in Chapter 30 of the Code of Ordinances of the City of Delray Beach,
Florida, to wit:
A tract of land lying in Section 29, Township 46 South, Range 43
East, being Parcel 3 and Parcel 4, LINTON CENTER, as recorded in
Plant Book 39, Pages 8 and ~ of the Public Records of Palm Beach
County, Florida. TOGETHER WITH Lots 1251, 1252, 1253 and 1260,
TROPIC PALMS PLAT NO. 3, as recorded in Plat Book 25, Pages
137-l39 of the Public Records of Palm Beach County, Florida.
Containing a total of 86.423 acres, more or less, and subject to
easements and rights-of-way of record. This property is located
south of Linton Boulevard, between Interstate-95 and Lindell
Boulevard, Delray Beach, Florida.
section 2. 'that i<lSvi~!t!<lSviaI ~s~ avi~ s!t~
an~ ~eweI<lS]Smevit plan appt<lS'I7aI$ t<lSt th~ $\1163e~t
t>t<lSP~ttt ~e$it!16~~ !vi Zeit!<lSrl XI a16<lSwel ate hete16t
~tante~ $~16ieit t<lS t~~ !<lSIl~,q!vi~ et]ste$$e~ i<lSn~iti<lSn$i
fal 't~e <lSrllt i0vi~iti0naI ~$es t<lS 16e petmitte~ Mete~vi~et ate a$
f 01 I <lS'/;$ i
That uses allowed for the subject property described in Section, above,
are only as follows:
(a) General Retail Use
f 1..1 ji0t.eI arl~ m<lStel \qi t~ aniillatt
testaJD.tarltl Irt>~rl~e' terttea'tirt>rll arl~
t~tail JD.sesi
(b) Office, research and development, and
associated production uses;
( c) Multiple family residential units an0 th~it atterl~ant
t~it~ati0rlal faiiliti~$' along with accessory uses
and structures as allowed wi thin the Medium Density
Residential (RM) Zone District.
f4.1 ji0m~ rt>ii~]Sati<lSrl$' $~163eit t<lS $~il ~0f1.7ftl
f161 1t!<lSt t<lS ~~w~l<lS:gSmerlt <lSt tYiI$ pt<lSpettt arl~
t~i~iwirl<B arlt 16~!10irl<B ]S~tr/:t!t$ t'riet~t<lSte'
t'ri~ $~16iJeit ~~w~l<lSpment i$ te~~ite<A t<lS r/:teet
t'rie plattin<B te~~it~merlt$ set trt>tth hi tV1~
rtitt!t. $1A16~!W!$i<lSrl 0t~!viarli~$1 ~'ria!'>t~t 2A rf>t
th~ ~rt>0~ <lSt 0t0!narli~$1
fiT 't'riat all $!<hrl$ arlcA paw~m~rlt ll'lat }{in<B $ irt>n$tt~ite~ rt>t
eteite0 16y. tMe 0ewel<lSpet r/:tJD.$t 16e !n aiirt>t<Aarlie ~itM M~t~0
$p~iif!iatirt>rl$1
f~l 'tV1~ ~tairla<B~ <lSt th~ $1A16i~it pt<lS3~rtt $'riaII 16e mairltairle~ 0n
$ite <lSt <lS1At t~trt>JD.<B~ the $t0tr/:t $ewet System arl~ n0 <Ataina<B~
,gill 16~ all<lSwe<A t<lS tI<lSw rt>vet rari~ onto a0iaient ptrt>pett1J
rel Tnete shall ~e rillS 0umpstet$/ iI0stet b0xesl freest snr~bs
ot stt0rtt0tes ~etmitte0 rt>n any easemen~s 0t tightsr0ffway
sn0wn on tl'ie plati
- 2 -
"
,
ftX Ftlr/:Jt tr/:J lttkiiriie r/:Jf any 16J1!I(.iin~ t?etrf.lttl tl'ie (.iewelr/:Jp~t
tMaIl s~16m!t (.ietaiI~~1 final lari~ttipin~ plant frt>t t~wiew
an(.i at>t>trt>wiI 16y tl'ie ~!tt ~rt>ttii~It~t!stJ
l~l }.ny 16ay ~(j;rt>t$ sl'ialI 16e trt>rjrt>Iet~Iy siteene~ ttrt>rt.
rt>!t. fpterf.!ses 0trt>~vl~ level w!ew t.trt>rit a~i atent tesi~evlt,iaI
ptrt>petttJ
$etti<l>n 3i tMat 0t(.iinavlie ~rt>J 7~f2A is Mete16t arit~n~e~ 16i
tepealivl~ $eitirt>vl z rt>! 0t~!vlavlte 7~f2A' an~ evlaitivl0 a new site avl~
(.i~welrt>t?rit~vlt plavl apt>trt>wal at t.rt>llrt>wst
1Mat tMe ~eweIrt>pritent rt>f tMe ptrt>pettt ~estti16~0 in $ettirt>n I rt>!
~t~ivlante ~rt>J 7~f2A ~s trt> )6e in aiirt>t~anie \HtM tl'i~ apptrt>w~~
~rt>nieptJ1al OOa$tet P}evelrt>pritent 1 Ian (~OOP}11 ~ate~ ~rt>werit16et lIt
X~SSl an~ sJ1)6se~J1evlt spei!f!i site t?lavlt apptrt>we~ 16y tMe ~iti
trt>nsistent w!tM tl'ie ~OOP}11 0t~inante ~rt>J 79fSAI an~ ~es0l~ti0n
Nrt>J '(~fS$J
Section 3. That the development of the property described in
Section 1 is to be in accordance with the following development
plans.
ill The Waterford D.R.I. Master Development Plan (MDP) as
approved by the City Commission on December 1, 1992;
(b) The site and development plan for Water ford Village
Apartments as approved by the City Commission on November
24, 1987; and, as said site and development plan may be
further modified pursuant to LDR Section 2.4.5(G),
Modifications to Site and Development Plans.
~ The site and development plan for Builders Square as
approved by the City Commission on December 1, 1992; and,
as said site and development plan may be further modified
pursuant to the LDR Section 2.4.5(G) , Modifications to
Site and Development Plans.
~etti0n 4t tMit rt>t~inavlte an~ tl'ie apptrt>wal ~tante~
Mete~n~et it g~)6ieit trt> tMe frt>Ilrt>win0 a~~iti~naI i<l>n~itirt>nl
1tii>t ti> irt>rt.ritevliin~ any ~eweI<I>prt.ent <l>n tMe pt<l>petti Ie0alli
0e$iti16e~ ~n~et $eit!rt>n x <I>! tM!s rt>t~irianie' tMe pt<l>petty
<l>wnet sMaIl s~16Ji1!t a P}ewel<I>pritent <l>t. lte0 i<l>vla I trt.pait
applitatirt>n in te~at~ trt> tl'ie t>trt>ieitJ 1.f a P}ewelrt>pritent rt>f
Re~irt>nal tmt>ait appliiat.lrt>n is s1A)6Ji1itte~I tMe ptrt>pettt rt>wnet
Jilat vli>t s1A)6ritit ant a~~itii>vlal at>pliiati{lSns i;t te~~estt f{lSt
T/JeltaY ~eaiM ~eweI<I>pment petJilits <l>n tY-e s~16ieit pt<l>petti
1Ariless avl~ 1AvltiI tMe rtiti ~<6~vliil <6f P}eltay ~eaiM entets a
~ewel<6prt.ent (lSt~et ,pettainin0 t<6 tMe P}~l appIiiat!<6nJ ptrt>wi~e~'
Y1rt>wew~t' tMat tMe ~iti maY i$s~e a petmit f<6t ileatanie <6t
)6ea~tifiiatii;n if tMe t>t<l>petti i;wnet entets int{lS an }.0teeritent
,4itl'i tMe W~patttflent <6t rt<6tl.'u;n1Anitt }'t.t.ait$ in ait<6t~an~e \qitM
rJf..J~J 9Sf1.~J1.gJ tMe rtitt ~<I>14rit!l etptessli tesetwes all
t!~l'its wM!iM tMe ~!ti w<l>kil~ Mawe ,in tl'ie a16sevlie <l>f tl'iis
<6t~ivlanie t<6 tew!ew an~ ait ~p<6n tl'ie T/J~t appliiati<6nl
}.lI w{lSt~s an~ pMtas~s 1Ase~ in tl'i!$ $eit!<6n A ate MeteJ6i
~e! ivle~ t<6 Mawe tMe satfle r.neal'iivl~ tMat sviiM tetr.ns Mawe 1Avl~et
~Maptet ~S0 0f tMe tl<I>ti~a $tat~tegJ
Section 4. That the development of the property described
in Section 1 shall also be in accordance with the following
conditions.
l a ) SAD and MOP Modification:
l. The site data shown on the [1DP shall be up-dated and corrected
to reflect the resulting amount of floor area and acreage and
parking accommodated in the modification.
- 3 -
"
(tJ ptlot to ltt~ari~~ of arit ~~il~in~ p~tmits' t~~ ~e~~I0pet
~~~II s~~mit ~et~ile~I fi~~I la~~siapi~~ pl~ris fr/Jt teview
~n~ appt~val ~t t~~ ~ity ~r/Jtti~~lt~tist'
f~l f..nt J6~t ~r/Jr/Jt$ t~~II ~e ir/JmpleteIY tit~~ri~d. ft~m
r/Jff fpterltit~t ~tr/J~~~ level ~irlJw ftr/Jm a"aa airIJrit trIJsi~eritial
ptr/Jpettt/.
$~tti0ri 3' t~~t 0t"ai~a~i~ ~r/J/. 7~fS. is ~etrIJ~t ~rltrIJri~ed. J61
t~peali~~ $eitir/J~ ~ r/Jf 0t"airi~rii~ 7~fa~1 arl~ rIJ~aitiri~ a new site an"a
~eweI~prlte~t plan appt~val ~s fr/JIl~w$t
1~at t~~ "arIJwel~prltent ~f t~e ptr/Jp~ttt ~etitiJ6e~ in $eitir/J~ I r/Jt
0t~i~~riie Mr/J/ 7~fS~ it t~ J6~ i~ a~ir/Jt~ariie ~it~ t~e apt>t0ie~
~~~iept~aI ~att~t ltl~w~lr/Jprlt~~t 11a~ f~~ltl11 ~ate"a ~r/J~erltl6et lXI
X9SSj a~~ t~~$~~~ent tpeiitii site plant apptr/Jwe~ ~t t~e ~itt
ir/J~tittent wit~ t~e ~~ltl1t 0t~ina~ie Mr/J' 7~fS~j an~ ~e$r/JI~tir/J~
Mr/J' ~~fS$'
Section 3. That the development of the property described in
Section 1 is to be in accordance with the following development
plans.
ill ~he Water ford D.R.r. Master Development Plan (MDP) as
approved by the City Commission on December 1, 1992;
(b) The site and development plan for Water ford Village
Apartments as approved by the City Commission on November 24,
1987; and, as said site and development plan may be further
modified pursuant to LDR Section 2.4.5(G), Modifications to
site and Development Plans.
121 The site and development plan for Builders Square as approved
by the City Commission on December 1, 1992; and, as said site
and development plan may be further modified pursuant to the
LDR Section 2.4.5(G), Modifications to Site and Development
Plans.
S~tti0ri~' t~it 0tdiria~ie a~~ t~e apptr/JwaI ~tarit~d.
~ete~~~et is $~~geit tr/J t~e tr/JIlr/Jwi~~ a~~iti~naI ir/J~ditir/J~'
'It f-rbt tr/J ir/JtW'le~ii~~ a~t <te~eI0t>J,l\e~t r/J~ t~e ptr/J-Pettt Ie~a111
~esitiJ6e~ ~~<tet $eitir/Jri I rbt t~f-t rbt<tiri~riie' t~e ptr/Jpettt
~w~et s~aII $~~mit a ltlew~lr/Jprlte~t rbf Re~tr/JriaI Irltpait
appliiatir/J~ i~ te~at"a tr/J tFie ptr/J'J~it/. It a ltle~elr/JpmeJ'i:t r/Jt
Re~ir/J~~l Irltp~it ~pplii~tir/J~ is s~~mitte~j t~e ptr/Jp~ttt r/J\4~et
m~t v\~t s~~rltit a~t a~~iti~v\~l applii~ti'.~~s r/Jt te<;[~estt tr/Jt
ltleltat ~eaiFi ~eweI0pme~t petmits r/J~ tFie t~~ieit ptr/Jp~tty
~~Iest arl~ ~~til Uie ~ity ~~~~iiI r/Jt ltleltay ~eaiFi e~tett a
~ewelrbprlte~t r/Jt~rlJt pettai~i~~ tr/J tFie ltlRI appliiati0~' ptr/Jwi~e~1
Fi~wevet' tVlat t~e ~ttt rIt~t i'.tt~e ~ petttltt fr/Jt ileataJiie rbt
J6ea~ttfiiatt~~ if tVle pt~pettt ~w~et e~tet$ t~tr/J ~~ ^~teem~~t
~HtVl tFie ~epath\e~t ~f ~~Jtut\1a.rli'.tt f..ftai'.tt :hi aiirbt~~Piie wiUi
r,f..'~/. ~8fX~JISJ t~e ~itt tr/J~~iiI expietslY t~tetw~t all
ti~Fits wFiii~ tFirIJ ~it1 wr/J~l~ Fi~w~ iri tFie a~se~ie r/Jt tFii$
~t<ti~~rli~ tr/J trIJwtrIJw a~~ ~it ~p~~ tFirIJ ~RI ~pplti~tirb~/.
All w~t"at aPi~ pVlt~tet ~te"a in tVlit $eiti~~ ~ ate FieteJ61
~et;hie~ tr/J l1a~e Uie tame meaPii~~ t~at $~iFi tetms ~a~~ ~vi~et
enaptet ~a0 r/Jt t~e Flrbti.~a $tat~tesj
Section 4. That the development of the property described
in Section 1 shall also be in accordance with the following
conditions.
(a) SAD and MDP Modification:
1. The site data shown on the MDP shall be up-dated and co~rected
to reflect the resulting amount of floor area and acreage and
parking accomnodated in the modification.
- 4 -
"
2. The density on the residential portion shall be no greater than
9.5 units per acre (236 units).
3. There shall be no business identification signage for Builders
Square on/ in Delray Square, including any frontage along the
Linton Boulevard.
(b) Traffic and Infrastructure:
4. The developer shall construct s. w. 10th Avenue to four lanes
between Linton and Lindell Boulevards with the construction
contract let prior to, or concurrent with issuance of building
permits with said improvements to be completed prior to
issuance of occupancy permits for the retail use.
5. That the number to be used for establishing the vested traffic
count for external trips shall be 10,042 trips. Thus, the
remaining 391,956 sq. ft. of allowable Office Park usage shall
be diminished accordingly and so reflected on the MDP.
6. The developer shall modify the intersection of Waterford Place
and Linton Boulevard to accommodate dual left turns
(northbound) . Such modifications shall include, but not be
limited to, stripping and changing of the traffic signal.
7. The developer, prior to the issuance of building permits for
the retail use, shall apply to Palm Beach County for permits
for the necessary modifications to the intersection of
Water ford Place and Linton Boulevard; and the improvements must
be completed prior to issuance of a Certificate of Occupancy
for the retail use.
8. The plat (for the retail portion) shall accommodate drainage
easements from the Office Park, over the new access tract, to
the existing lake.
9. The plat (for the retail portion) shall accommodate easements
for drainage from the site through the balance of the SAD to
the appropriate canal outfall.
10. The developer recognizes that roadway improvements associated
with the traffic generated from this project are subject to
review with each new site plan consideration. Accordingly, the
developer agrees to construct such additional on-site and
off-site traffic improvements as may be required by City
Commission, pursuant to the City's Land Development
Regulations, at the time of site and development plan approval.
11. The developer shall provide fire flow calculations to determine
the adequacy of the proposed water discribution system for the
general retail development (Builders Square). These
calculations must be provided prior to, or concurrent with the
submission of building plans or final engineering plans. The
rate of flow and pressure must be deemed acceptable by the Fire
Marshall.
(c) Site and Development Plan (General Retail -
Builders Square):
12. The site plan data shall be up-dated to be consistent with the
[/IDP.
1.5. The design of the East Accessway from the General Retail Use
area to Lindell Boulevard shall meet standards for streets as
contained with the City's LDRs.
14. The developer shall provide pedestrian ways to the intersection
of S.W. 10th Avenue and Lindell Boulevard, and to Delray
Crossing from the retail use.
- 5 -
'"
15. The developer shall design the connection of the East Accessway
with S.W. 10th Avenue/Lindell Boulevard with a landscape focal
point as if it were the entry to Office Park. The design shall
include landscaping and curbing in such a manner as to prohibit
the practice of truck parking in the Water ford DRI.
16. The developer shall continue the landscape concept which is
found along circuit City for the length of the Waterford
frontage along 1-95.
17. The architectural elevations of the retail use shall be
modified to include the use of vertical landscaping to break-up
the building mass with specific attention to the rear of the
building.
18. The roof plans for the retail use shall be modified to hide
roof equipment and otherwise eliminate a flat roof view from
1-95.
19. The Planning Department shall insure that condition to DRI-DO
Condition #7, which pertains to an Upland Habitat Buffer Zone
is addressed during SFWMD review of the drainage permit
modifications.
20. f'.1odifications to the existing SFWMD permit shall be received
and reviewed to insure compatibility with the approved site
plan prior to issuance of building permits. If inconsistencies
arise, modifications shall be approved through the site plan
modification process with action by SPRAB when Board action is
required.
21. Conflicts among the site and development plans (site plan,
landscape plans, engineering plans) and changes thereto which
may be necessary to accommodate the proposed gravity sewer
system shall be resolved in favor the landscape plans and site
plan.
22. That the revised site plan submittal (11/IG) is referred to the
Site Plan Review and Appearance Board for final approval.
During such review and action, modifications to the above
conditions of approval which pertain to site plan, landscape
plan, and architectural elevations may be accommodated. And,
further, that SPRAB shall give further review in line with its
previous advisory comments as made on November 11, 1992.
(d) Site and Development Plan (Office Park):
23. The developer shall extend the pedestrian path in the
residential area from that area into, and through, the office
park in accordance with the standards of the City Engineer.
25. Any bay doors shall be completely screened from off-premises
ground level view from adjacent residential property.
Section 5. 'tfS.~t tV\.~ t;h'l~ l;l11'l~tat;l0l'i 0f tV\.~~ ~ppt0wal
p~t~~al'it to $~it;l0~ Z0fl!f~1 ~~i Z0fllf~1 0t tfS.e Z0l'i;l~~ ~0i~ ~~aII
~e t)\.tt~ lZI it~t~ ft011'1 tV\.t afftitiwt ~~tt 0f tfS.t ~RZ ~twtI0P11'l~l'it
~t~et' That for the purposes of a determination, pursuant to LDR
Section 2.4.4(D), Establishment of a Project, it is hereby
determined that the entirety of the Waterford SAD is "established".
~ettipri 61 that th~ Frannin~ Pite~t0t 0f
saf~ ~itt shilri 0p0n the effettfwe date if this
~tdirlarlte thirl~e the Z0rlin~ Map 0f Peliij Beith,
Fr0tfd~' to t0rlf0t11'l with th~ Pi0wisi0ns 0f Zetii0n l~
itleie0f'
- 6 -
,.
Section 6 : That Section 4.4.25(1), S.A.D.s: , Subsection
(3) is modified to read as follows:
( 3 ) DelintjWaterford DRI, Ordinance 64-92, also governed
by DR1 Resolution NO. 49-85, as modified; established.
~ett;lt>n 1J t~at ariy ~~ir0iri~ ~~tmit$ i$$~~0 ~y t~~ ~itt
$Marr ~~ o~~i~it t~ $~~$taritiar i~n$tt~iti~n' i~ri$i$tin~ ~f f~~tin~$
an0 $Ia~$ a$ a mlriim~' ~ein~ aii~mpli$~e0 ~t tMe 0e~eI~pet witMfn
ll0 0aY$ ~f 16~i1.0iri~ petmit i$$~aJ'iie' ~tM~twi$e $ai0 ~~ir0iJ'i~
petmitt t~ ~e ll~rl. aJ'i0 Y;~i0 in tMe a~$eJ'iie ~f Ul~ af~te$ai0
i~ri$tt~iti~J'i pt~~t~$$J
Section 7. 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 8. Repealer clause
Section 9. 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 8th day of December ,
1992.
THOMAS LYNCH
MAY 0 R
A'rI'EST:
Alison Harty
City Clerk
First Reading December 1, 1992
Second Reading December 8, 1992
- 7 -
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MINUTES: Site Plan Review and Appearance Board Meeting
November 4, 1992
Page 5
Regarding Elevations, Mr. Sowards moved to approve the building
elevations for TAco Bell based upon positive findings with respect to
Section 4.6.18. Seconded by Mr. Mouw with the vote as follows:
Debora Oster No
Rett Talbot Yes
Jess Sowards Yes
Rick Mouw Yes
Mark Marsh Yes
V. DISCUSSION ITEMS
A. Builders Square
Modification to the Waterford/Delint SAD
Represented by Thomas McMurrian. He stated that the office and hotel
portion has been deleted from the plan. (Mrs. Oster stepped down) .
The "Builders Square" will be located behind the center. The members
felt the plan was an improvement. Mr. Sowards suggested reversing the
building at the entrance and the exit. Something else besides chain
link was suggested. Regarding a reduction in the amount of parking,
the members felt comparable situations should be need to be presented
to the board. The treatment was complementary to the surrounding
center. As for the parking concerns, he requested the applicant
confer with the traffic engineer; the members support the site plan.
Seconded by Mr. Mouw with the vote as follows:
Rett Talbot Yes
Jess Sowards Yes
Rick Mouw Yes
Mark Marsh Yes
B. Checkers
S.E. Corner off Linton Boulevard & S.W. 10th Avenue within
the Linton International Plaza
Building Elevations
Mrs. Oster returned and stepped back up. Mr. Marsh leaves.
Represented by Carl Bengston. The tiles will be matte and gloss with
a tropical concept. The members felt the colors were in harmony but
would prefer smaller pole lights. In general, the neon was
acceptable. The single driveway was questioned. It was reconunended
that the poles be lowered and that the recycling area be indicated.
C. Review of Submission Items for the November 18, 1992 Meeting.
Regarding Arby's, staff had some concerns with the architectural
elevations. It was suggested that the colors be reversed for a more
subdued image. The elevation were acceptable but the colors were not.
VI.
There being no further business to come before the Board, the meeting
was adjourned at 9:25 p.m.
;,
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
L ,):'l ' i
.~- '\ ------
" -,.'
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 1, 1992
FIRST READING, WATERFORD SAD MODIFICATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the enacting ordinance which will accommodate
proposed changes to the Waterford SAD.
A public hearing has been advertised for this item.
BACKGROUND:
All the background and analysis was provided at last weeks
Commission review of this item. It is the intent, at this
meeting, to obtain public testimony; conduct Commission
discussion; and take a position on the proposal.
Correspondence: Attached to this documentation are letters
received prior to November 24, 1992. Any additional
correspondence will be entered in the record at the public
hearing.
SPRAB Review: The Mayor asked for information pertaining to the
previous SPRAB review. Attached is a copy of the minutes from
their meeting at which this review occurred. Also, the
highlights of their review are found on Pages VII-4. I note
that the purpose of the SPRAB review was advisory to the
Planning and Zoning Board, prior to P&Z consideration of the
SAD. Attached is the cover sheet which went to SPRAB. It is
clear that the intent of the SPRAB review was cursory and was
not meant to be the type of review which is preceeded by a staff
analysis and code compliance. I also note that subsequent to
that SPRAB review, the site plan has been changed. We have set
December 16th as a time when the applicant can appear before
SPRAB for "preliminary" review comments which would be more in
keeping with the aesthetic judgements which that Board is to
provide. We are scheduled for final SPRAB action on January
13th at which time coordination of engineering plans,
landscaping plans, the final MDP, and site plan will be achieved
and conflicts can be resolved by SPRAB action. The SPRAB role
in this project, since it is a SAD, is that of ensuring the
qualitative aspects of the City's standards are met and not
"approval" or "denial" of the site plan in the normal fashion.
city Commission Documentation
First Reading, Waterford SAD Modification
Page 2
Home Depot Traffic Study: As of this writing, we are obtaining
a copy of the traffic study associated with the Home Depot in
Boynton Beach. We will provide comments regarding the
relationship of that report to actual resulting conditions (per
Commissioner Randolph's direction).
Traffic Impacts on Linton Boulevard: We are in contact with the
County regarding representations made by the applicant's
Transportation Management Engineer regarding improvements and
traffic flow on Linton Boulevard. Also, our Traffic Engineer
will be prepared to comment at the public hearing; however, at
this time we are awaiting written information from the
applicant's consultants.
S. W. 10th Avenue Issue: The suggestions made by Commissioner
Mouw will be a focus of discussion at the Planning and Zoning
Board meeting of Monday, November 30th. A report of that
discussion will be presented at the public hearing.
RECOMMENDED ACTION:
It is inappropriate to proceed to 2nd reading (another public
hearing) if it is the intent of the Commission to deny the
request. If denial is to occur it should occur at this time.
If approval is to occur, the ordinance should be passed on first
reading and, at second reading, the focus will be upon insuring
the ordinance is technically correct with respect to conditions
of approval and the project description.
Attachment:
* MDP and site plan reductions
* Letters of support and opposition
DJK/CCWATER3.DOC
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SITE PLAN REVIEW AND APPEARANCE BOARD
----------------------------------------------------------------
AGENT: Thomas T. McMurrian
: PROJECT NAME: Builder's Square
, PROJECT LOCATION: South of Linton Boulevard and east of 1-95,
at the southern end of Waterford Drive.
I. ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on
the site plan, landscape plan, and elevations for a proposed
Builder's Square.
II. BACKGROUND:
This proposal involves the modification of the existing approved
SAD (Special Activities District) for the Waterford/Delint
development. The development was approved as a mixed use
multi-family, hotel, and office project, of which only the
multi-family portion has been constructed. The requested
modification is to replace the hotel and part of the office
portion of the development with a single purpose retail center.
SADs are established and subsequently modI f led by an ordinance
which is processed as a rezoning. Pursuant to LDR Section
4.4.25 (C)(l), a complete site and development plan is to be
processed concurrent with the rezoning. Thus, formal review of
the site plan, landscaping, and elevations is by the Planning
and Zoning Board and the City Commission.
III. REQUIRED ACTION
The Waterford/Delint SAD modification is scheduled to be heard
by the Planning and Zoning Board at its meeting of November 16,
1991. Prior to that meeting, SPRAB is being asked to review and
comment on the technical aspects of the site plan, landscape
plan, and elevations. Comments and recommendations made by SPRAB
will be advisory in nature, and will be included in the staff
report that is to be presented to the Planning and Zoning Board
on this item.
, . j
. .~t AGENDA ITEM: V.A.
na'T'E: November 4, 1992
NOV-20-'92 FRI 12:40 10: INSIGNIA MGMT BOCA R TEL NO:407 395-J8~3 1:11 73 F\J2
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E7A.9:' (401) c!9,1-tf04,J
November lS,lSS2
Mr. David J. Kovacs. Director
DEPARTMENT OF PLANNING AND ZONING
CITY OF DElRAY BEACH
lOa N.W. let Avenl.le
Delray Besch, FL 33444
RE: 8u'ilder's Square Development
Dear Mr. Kovacs;
This letter will serve as evidence of our opposition to the Builder's Square
development just east of 1-95 arid west of S.W. 10t.h street. and lindell Blvd.
We are opposed to this change of the S.A.D. Master Development Plan for a
number of reasons, the following are a few of those reasons.
1. It totally changes the original plan for the area and this type of
development will adversely affect the residential feel of the
immediate neighborhood.
2. It will increase both customer traffic and heavy truck traffic on S.W.
10th street and Linden Blvd., both feeder roads to our development
and the single family neighborhoods.
3. It severely dilutes the opportunities for development of offices and
hote 1. which in t.urn reduces t.he future of more professional
emp loyment in the area.
4. It increases the commercial 'Is. residential percentage in the micro
market yet adds no prospects for rentals or purchases of residence.
S. It will increase the incidence of parking of semi-trucks on the land
ad.io.cont to our property.
The owner of Water-ford Village Apartments is Metropolitan Life Insurance -
Company, for whom we act as manager and in that capacity we have been asked
to write to you to express their opposition and concerns to the proposed
development. If the property owner's (in the area) objections to this proposed
change do not prevail and this development is approved. we strongly believe
there are minimum requirements during development that must be adhered to so
that we ea.n protect our investment.
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.
Mr. David J. Kovacs
Bui'der's Square Development
November 19, 1992
Page Two
Please include us on the docket for the hearing on December 1st, 1992, and
please make sure that the commission is aware of our opposition.
We appreciate your assistance in this matter.
.
R;ch d T. Lu in CPM.
Insignia Management Group
Manager'. WATERFORD VILLAGE APARTMENTS
cc: Jeff Combs
Metropolitan Life I ",surance Company
Owner, WATER FORD VILLAGE APARTMENTS
RTL/cb
-
. DELRAY DAIRY QUEEN
GREG It KRIS MOYLAN
HEADQUARTERS FOR DQ
FROZEN CAKES & LOGS!
1000 LINTON BLVD A.3
DELRAY BEACH, FL 33444
4071243-CONE
. Reg. U.S. Pat. Off. Amer. D.a. Corp. (2683)
November 12, 1992
Delray Dairy Queen
Delray Crossings
1000 Linton Blvd. A-3
Delray Beach, Florida 33444
Commissioners
City of Delray Beach
100 NW 1st. Ave.
Delray Beach, Florida 33444
Dear Commissioners:
I understand that Builders Square is attempting to build a
107,000 square foot building behind Delray Crossings on Linton
B'Julevard. As a merchant in Delray Crossings, I feel that Builders
Square would be a welcome addition to our shopping center and the
Delray community. Builders Square would bring more tax dollars to
our community and since the property is zoned for commercial use,
it is my feeling that it should be used that way.
Sincerely,
&w~~
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5200 Town Center Clre~
fiJr Suitt eoo
SOCa Rlton. Florid. 33-486
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FIx: (407)75lJ.0199
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November 13, 1992
Cormd.saionex:s
City of Del Ray Beach
100 N. W. lat Avenue
Del Ray Beach, Florida 334~~
R~u Del Ray Crossing Shopplll9 Center
S.B.C. Linton Boulevard & I~95
Del Ray Beach, Florida
Location code 009-1060
Dear CoRDdssloners:
McDonald's \rQS the first store opened at the aboVe captioned location with the
vexy lim1te4 s19nage that was 9iven to us we very znx:h want to see noxa retan
in our area so that the mea will have l\'C):. customer aaff1c.
We have been infor1red that Builders Square is p-r:opoalncj a new pxotot}'Pe within
close proximity to ow: etoxe. We wmt to go on record statin9 our suppaxt to
their 107,000 square foot development. Linton Boulevard needs more retail
5tren~h which will add 1:0 the customer base and shopping divexalty.
McDonald IS 15 on the pad of many ait.a auch u Del Ray Crossin9 end is in full
5Uppcrt of Builders Square joining us.
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1~""16""92 14'83 K 487 274 6878 '"'ON PROPERTI ES 82
MDN Propfrfia, Inc.
November 16, 1992
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commissioners
City of Del Ray Beach
100 N.W. 1st Avenue
Del Ray Beach, Florida 33444
RE: Builders Square
Delray crossing Shoppinq Centre
Delray Beach, Florida
Dear commissionersz
I have recently been informed that Builders Square is
proposing a new outlet in close proximity to my plaza,
The Linton International Plaza.
I would like to express my stronq support for this new
project. It will attract potential customers intc the
area for all the new businesses in the Linton corridor.
As a developer and property manager I have a g'reat need
for building supplies on a daily basis. Rlqht now I have
to travel all the w~y to Bome oepot in Boynton Beach to
lI1eet my needs. It will be very convenient to have a
Builders Square around the corner, and I would rather spend
my money in Delray Beach than elsewhere.
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(401) ~14-0'1J6
Fa (407) 278-4BJO
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11-16-1992 09: 30 415 472 3712 SlPERCUTS P.02
COIPCIAlI ~
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November 13, 1m
MLTrlshVann
Ocean =es. Ud.
175.5N ConpeuAvenue
Boynton Beach, FL 33426
RB: Propo&e4 "BuUders Square" at 1-95 and Linton
Dear Trish:
Su= Inc. wiIhea to state our support of the above roferenood Buildel'l Squ,", proposal
ad IQCIIt to Oclray Crosslq SboppJDa Ceater, wbctc wo have a Ihop.
Wo fed tJUa project could ~ 1bo exia:z:an ca.vironmcnt by ac1dmdf a core sh~~ing
diatrict. creafiDla'= in a ainaJc area than ~ to many ercnt parts tho
town. Of coume the a tiooal adVerdsiD. and 1taflic would bCncfit aU ~tai1cra in the area. and
Builders Square would at.Ir1Ict . similar customer bile u 0Ul'L
We wish you the best of luck In ~ivtnc approval for thia projecL
Truly,
SupetC\1t1, Inc.
~<S__\ l\
Scott F. Schadlich
Real B8ta1e DiftlCtOr
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Billing I Admlnl$1l3tlve U Tel8I)hon.
P.O. Bc>>t 630398 Z (306) 787.1470
N. Miami Beach. F101ida U1e3 - Fax: (305) 787.14$&
November 13, 1992
,
ATTNr Cit.y of Oelray
Planning & Zoning
C/O: DeIray Crossing
REP: BUILDERS SQUARE
DELRAY CROSSING SBOPPING CENTER
Dear Sirs:
It's my understanding t.hat. t.here will be a planning and
zoning meeting on monday. We would like to 90 on record
that ~e support the proposed 107,000 square foot prototype
store beinq planned for development at 1-95 and Linton.
Builders Square has a consistant media commitment. This
will most definitely bring needed customer traffic to our
shopping mall, as well as increasing the job base and
tax base to the City of Delray.
D.S.G.,Inc.
Sportsman's
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November 1 3, 1992
Commissioners
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
RE: Delray Crossing Shopping Center
SEC Linton Blvd @ I-95
Delray Beach, Florida
Dear Commissioners:
We have been informed that Builders Square is proposing a new
location at I-95 and Linton.
We would 1 i ke to go on record stating that we are ln support of
this new project and feel that it would greatly enhance the retail
market in Delray Beach and bring many added benefits to the
community.
Sincerel ,
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660 Linton Boulevard, Suite 104 . Delray Beach, Florida 33444 . (407) 278-7111
November 16, 1992
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
Re: Proposed Builders Square
I-95 & Linton Blvd.
Dear Commissioners:
The Abbey Road Grill and Sports Emporium would like to go on record
stat i ng that it is in favor of the deve 1 opment of the proposed
107,000 square foot Builders Square. After careful consideration,
we have come to the conclusion that the project will benefit the
local residential and business community.
The added retail diversity will create a greater number of
prospective clients for all local business establishments and will
also help the community economically.
Si~C ely,
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General Manager
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D 10800 N. Military Trail, Palm Beach Gardens, Florida 33410. 407-775-7556
D 710 Linton Boulevard, Oelray Beach, Florida 33441 · 407-278-6622
".
Target Stores
33 South Sixth Street
P.O. 80x 1392
Minneapolis. Minnesota 55440-1392
Telex No. 205812
(!)
August 21, 1992
Mr. Tom McMurrian
Ocean properties, Ltd.
1755 North Congress Avenue
Boynton Beach, FL 33426
RE: T-642 Delray Beach, FL
Builders Square Proposal
Delray Crossing Shopping Center
Dear Tom:
Target has reviewed the site plan for the proposed 107,000 square
foot Builders Square adjacent our store at the above location, and
are supportive of your decision to develop the balance of your
property for retail purposes.
The addition of this new retail facility would help create greater
opportunities for the customers within the region, as well as
promote stability and increased attraction to this retail
destination.
If you should need additional support from Target regarding this
proposal during the city review process, do not hesitate to call.
I would appreciate regular updates regarding your progress in the
negotiations with the city.
Sincerely,
Mark B. ohnson
Real Estate Manager 1"". -- - ---, ~ - -
Existing Stores i -~~
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A Dif){slon of Intelligent Electronic. "'."2-S200
August 21, 1992
\
Commissioners
City of Del Ray Beach
100 N. W. 1st Ave.
Del Ray Beach. Florida 33444
IE: Del Ray Crossins Shopping Center
SEe Unton Ulvd @ 1-95
Del Ray Beach. Florida
Dear Commissioners:
Recently BizMart opened a store at the above-referenced location. I am
pleased to say that 'BizMart has been well received in your community.
We look forward to a 10Da and prosperous relationship.
We havo been informed that Builders Square is proposing a Dew
prototype store within close proximity to our store. We want to go on
record stating our support to their 107.000 square foot developmenL
Linton Boulevard needs more retail strength which will add to tho
customer base and shoppina diversity. Not ouly will BizMart benefit
because of the added business genarator. you will see a slgoificant
increase in tax revenues, employment and development In your
community.
Sincerely.
~~
Real Estate Manager ....~1"'~~
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Dr, Amy S. Manolakos Dr. Douglas B. Manolakos
November 16, 1992
City of Oelray Beach
100 N.W. 1st Ave.
Oelray Beach, FL 33444
Re: Builders Square
Oear Commissioners:
Gold Coast Chiropractic recently opened at Oelray Crossing Shopping
Centre. It is our understanding that there is a proposal to rezone
the property immediately behind Target, and develop Builders
Square.
As new retailers in the Oelray Market, we are very excited about
the proposed development of Builders Square and would like to go on
record stating our support.
Sincerely,
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Dr. Doug LMano 1 akos
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NOV~Mtl~~ 18, 1992
COMMISSiON~~S
CITY OF DELRAY BEACH
101 N.W. lsl AV~NU~
D~L~AY B~ACH, FL 33444
REI BUILDERS SQUARE
LINTON & 1-95
D~A~ COMMISSiON~~SI
1 HAVt tl~~N INrO~M~D tHAI A BUILD~~S SQUA~~ SIO~~ HAS tl~~N ~~O~OS~D
rO~ tH~ Sil~ ON LiNtON BOUL~VA~D AND 1-95. B~ING A ~~SiD~Nt IN tHIS
A~tA, I AM iN rAVO~ Or IH~ ~~OJ~CI AND SU~~O~I IHiS lY~~ Or
UtV~LO~M~NI iN IHiS A~~A.
I ASK tHAI tH~ COMMiSSIUN~~S VOI~ IN rAVO~ Or tHiS SIO~~.
SINC~~~LY,
K~~~
2500 FiO~~ WAY #204
D~L~AY B~ACH, FL 33445
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November 18, 1992
CITY OF DELRAY BEACH
101 N.W. 1st Avenue
Delray Beach, FL 33444
To Whom It May Concern:
I am a resident in the area of the proposed new Builder's Square store
at Linton Blvd. and I-95. I feel this type of home improvement store
is needed and should be welcomed in this area.
I am asking the City to act in favor of this project.
Sincerely,
~r;!~v;rI
3001 Linton Blvd.
De1ray Beach, FL
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November 18, 1992
City of Delray Beach
Commissioners
101 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Builder's Square
Delray Beach
Gentlemen:
I have heard that Builder's Square is attempting to build a new store
behind De1ray Crossings on Linton Boulevard and l-95.
I live in this area and think that this type of store would be
beneficial to the community and is needed in this area. I feel the
City Commissioners should approve this proposed new store.
~;~
Lois Cocozza
3105A Spanish Wells Drive
Delray Beach, FL 33445
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November 18, 1992
Commissioners
City of Delray Beach
101 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Builder Square
Unton & 1-95
Dear Commissioners:
1 have recently been informed that Builder Square is proposing a new location at Linton & 1-95. Asa
resident living close to this area, 1 would like to ask the city to vote in favor of the development of this
projecL
On several occasions, 1 have found it necessary to use the services of a home improvement store.
Unfortunately, 1 have had to drive all the way to another community to find such services. 1 think it is time
that Delray begins to grow and offer its residents more. Builder Square would be an excellent addition to
the community.
Sincerely,
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Sean Conner
3001 Unton Blvd.
Delray Beach, FI
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGER {?tl
SUBJECT: AGENDA ITEM i 10 B - MEETING OF DECEMBER 1. 1992
ORDINANCE NO. 60-92
DATE: November 25, 1992
This is second reading of an ordinance modifying the Community
Redevelopment Plan in its entirety; finding that the modification
conforms to the Community Redevelopment Act of 1969; finding that the
modification is consistent with the City's Comprehensive Plan; and
making further findings pursuant to the applicable requirements of
Florida Statutes Section 163.360 (6) (7).
The Community Redevelopment Plan - 1992 (Amended) was discussed at
the November 3rd joint worksession with the CRA. Ordinance No. 60-92
was passed on first reading at the November 17th regular meeting by a
5-0 vote.
The Planning and Zoning Board at their November 16th meeting found the
proposed amendment consistent with the City's Comprehensive Plan.
However, the Board did wish to bring two items to the attention of the
Commission. Those items are the Riverwalk concept along the west side
of the Intracoastal Waterway and the priority of projects within the
CRA's 5-Year Capital Improvement schedule. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 60-92 on second and final
reading.
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ORDINANCE NO. 60-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH,
FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION
,I CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS
i' AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT
:1
'I WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND
!I MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE
ji
I' REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7);
II AND PROVIDING A SAVING CLAUSE; AND PROVIDING AN
II EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
II Community Redevelopment Agency as provided in Florida Statutes Section
163.356; and
I WHEREAS, on December 23, 1986, the Board of County
I Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of Delray
Beach completely and without limitation; and
WHEREAS, the City Commission of the City of Delray Beach,
I Florida, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
I tlovember 24, 1987, by Resolution No. 47-87 and as further ratified and
I amended on February 14, 1989, by Resolution No. 6-89, and as further
I
:1 ratified and amended on September 25, 1990, by Resolution No. 86-90; and
:1 as further ratified and amended on April 9, 1991, by Resolution No.
28-91; and as further ratified and amended on November 26, 1991, by
ii Resolution No. 93-91; and as further ratified and amended on May 26,
I 1992, by Ordinance No. 17-92; and
,I WHEREAS, the Community Redevelopment
I Agency of the City of
:1 Delray Beach, Florida, hereinafter referred to as the .. CRA I' , has
I heretofore adopted a Community Redevelopment Plan; and
I
,I WHEREAS, the CRA is desirous of modifying said Plan in its
il entirety to redefine its goals, policies, and objectives, as well as the
complete redefinition of its programs and projects contemplated thereby;
d and
I'
,I
II WHEREAS, the CRA of the City of Delray Beach has recommended to
;! the City Commission of the City of Delray Beach pursuant to this
I ordinance that the Community Redevelopment Plan be modified, amended,
i and ratified in its entirety in the form attached hereto as Exhibit "A";
I and
I
I WHEREAS, the City Commission finds that the modification
conforms to the Community Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission finds that the modification is
consistent with the City of Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission further finds that the
modification meets the applicable requirements of Section 163.360(6)(7),
Florida Statutes; and
WHEREAS, the City Commission shall hold a public hearing on
said modification to the Plan, after public notice is given in
conformance with the requirements of Chapter 163, Part 3, Florida
Statutes.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby
incorporated by reference herein, as findings of fact upon which this
Ordinance is based.
!
Section 2. The Community Redevelopment Plan is modified in its
'I entirety in the form and as attached hereto as Exhibit nAil and made a
"
'I part hereof.
I
:1 Section 3. That if section, subsection, paragraph,
" any
:1 sentence or word or other provision of this Ordinance, or any portion
!I thereof, or its application to any person or circumstance, be declared
by a court of competent jurisdiction to be invalid or unconstitutio~al,
I' such decision shall not effect the validity of any other section,
il
:1 subsection, paragraph, sentence, or word or provision or its application
to other persons or circumstances and shall not effect the validity of
'I the remainder hereof as a whole or part thereof other than the part
i declared to be invalid.
!
,I Section 4. That this ordinance shall become effective
II immediately upon passage on second and final reading.
"
:1 PASSED AND ADOPTED in regular session on second and final
11 reading on this the day of , 1992.
'I
" MAY 0 R
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i ATTEST:
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City Clerk
First Reading
I Second Reading
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- 2 - Ord. No. 60-92
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C I T Y COM MIS S ION DOC U MEN TAT ION
".-~....,
TO: ' DAVID T. HARDEN, CITY MANAGER
~ c--~j kc'ae~
FROM: DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 1, 1992
ADOPTION OF AMENDMENT #1 'rO THE CRA PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the first amendment to the CRA Plan subsequent
to its major revision/rewrite of 1992.
BACKGROUND:
This proposed amendment was the subject of a worksession between
the CRA and City Commission on November 3rd. Subsequently, the
proposed amendment was formally approved by the CRA Board and
transmitted to the City. First reading was held on November
17th.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 16th. The Board found the proposed
amendments to be consistent with the City's Comprehensive Plan.
However, the Board did wish to bring two items to the attention
of the City Commission. One deals with the Ri verwalk Concept
along the west side of the Intracoastal Waterway. The other
relates to the manner of showing the priority of projects within
the five-year schedule. Please refer to the attached Planning
and Zoning Board staff report for more detail.
RECOMMENDED ACTION:
By motion, approval of the proposed Amendment after review and
discussion of the Planning and Zoning Board comments.
Attachment:
* P&Z Staff Report & Documentation of November 16, 1992
DJK/CCCRA.DOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: NOVEMBER 16, 1992
AGENDA ITEM: V.D. Review, Comment, and Findings Regarding
Proposed Amendment #1 to the C.R.A. Plan
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation and providing comments to the City
Commission with respect to proposed Amendment #1 to the
C.R.A. Plan.
BACKGROUND:
The C.R.A. is processing the first amendment to its recently .
re-adopted Redevelopment Plan. Attached is a letter dated
November 3rd from the CRA Director, Chris Brown, in which the
major changes are identified.
Within the Amendment there is a procedure for review of
Amendments. This procedure is similar to that recommended by
the Planning and Zoning Board during review of the recent major
rewrite/revision. The procedure calls for P&Z Board review when
there are substantial (e.g. addition of new programs) changes
proposed. Such is the case with respect to Amendment t1.
The proposed Amendment was reviewed by the City Commission at a
special worksession, with the CRA and some P&Z Board Members, on
November 3rd. First reading of the adopted ordinance is
scheduled for November 17th. The Planning Board's comments will
be noted at that meeting.
ANALYSIS:
General Comments: The manner in which the amendments and
revisions are put forth shows that the organization of the eRA
Plan document is sound and that it can be used as an effective
management tool. Many of the deficiencies noted by the Board
previously are addressed in this Amendment.
Previous P&Z Board Comments: On September 21, 1992, the Board
made a determination of consistency, comments, and
recommendations on the major rewrite/revision. All of the
comments were addressed during the revision process and almost
all were accommodated. Some of the more significant items were
addressed as follows:
* In-Fill HOUSing, Project '2.2: The project title was
changed to "Affordable Housing Program" and other changes
were made which made it consistent' with the City's
Comprehensive Plan and operating programs.
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P&Z Staff Report
Review, Comment and Findings Regarding .
Proposed Amendment #1 to the C.R.A. Plan
Page 2
* Amendment Process: The suggestions made by the Board on
page 9 of its report were added to the CRA Plan.
* Master parking Program: The project was rewritten to more
closely reflect results of the Ad-Hoc Parking Committee
Report.
* Relocation Policy: A policy and procedure for addressing
the relocation of residents has ~een included.
New Pro1ects/Material: Four new projects were added and
modifications were made to others. These additions and changes
were reviewed at a Planning and Zoning Board workshop. None of
these are significantly at odds with the City's Comprehensive
Plan.
Some items of note do exist. One is in Project #2.14, Downtown
Core Improvement Proqram, which calls for preparation of a
Riverwalk Plan for waterfront between Veterans Park and the City
Marina. This subject had been raised in the past and was the
focus of a City Plan policy. That policy called for a report
regarding going under the Atlantic Avenue bridge. The report
was received, reviewed, and the policy deleted from the
City's Plan. Also, the city Plan specifically called for the
Veterans Park development to occur without a walkway to the
south. Within the CRA's Capital Program (not to be formally
adopted), Note #13 states:
"Riverwalk includes the planning for improvement of the
public right-of-way from the Atlantic Avenue Bridge to the
City Marina. The City will take the lead."
While the planning portion of the project can be explored by the
CRA, acceptance of the Plan Amendment by the City Commission
should not be interpreted as an endorsement of a Riverwalk under
the Atlantic Avenue Bridge; nor as a commitment for
construction of the facility from the bridge to the marina.
A second item pertains to Table 4-3, Five Year Redevelopment
Program and Funding Allocations along with the support document
containing the Five Year Capital Improvement Program. These are
well organized and clearly establish priorities. Review of
Table 4-3 shows a reliance upon prior year land sales in order
to fund some subsequent year projects. While alright as a
strategy, it may be more conservatively appropriate not to show
such prioritization within the Table. An alternative would be
to have the Table in the same format but where ever a project is
dependent upon land sales that there not be an allocation, but a
footnote. The footnote would identify that the project is
wi thin a group of eligible projects. Explanatory text would
also be provided.
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P&Z Staff Report
Review, Comment and Findings Regarding
Proposed Amendment #1 to the C.R.A. Plan
Page 3
One other item of note is that implementation of the Plan, as to
be amended, call' for pursuit of borrowing the amount of
$5,000,000. Approximately $1,582,000 would be used to payoff
debt obligations to the City; and, the balance to be used for
project implementation.
RECOMMENDED ACTION:
By motion, find that the proposed amendments to the CRA
Redevelopment Plan are consistent with the City's Comprehensive
Plan; and further, that the City Commission's attention is
directed to the comments dealing with a) The Riverwalk Plan; and
b) the manner of showing the priority of projects in Table 4-3.
Attachments:
. CRA letter of N~r 3rd.
Report prepared by: ~ ~/\~ <--
Reviewed by DJK on:
DJK/T:CRAMENO.DOC
: CD Community
Redevelopment
-a Agency
Delray Beach
November 3, 1992
Mr. Thomas E. Lynch, Mayor
Mr. David Randolph, Vice Mayor
Mr. Jay Alperin, Deputy Vice Mayor
Mr. William Andrews, City Commissioner
Mr. Annand Mouw, City Commissioner
Re: eRA 1992 Revised Redevelopment Plan and Five Year Capital Improvement Program
Dear Mayor Lynch and Commissioners:
We are presenting to you today, for your review and comment, a draft revision of the eRA
redevelopment plan. In addition we are presenting a detailed 5 year budget, accompanied by a
description of ~veralof the projects.
The current CRA Redevelopment plan was adopted by the City Commission on May 26, 1992.
The revised plan before you contains the following major changes:
l. West Atlantic Avenue Redevelo.pment Plan: funding for a AWCRA Rorida Urban
Design Assistance Team to develop a community consensus on redevelopment of the
corridor.
2. Peach Umbrella Plaza I: funding for facade easements, parking easements and land
acquisition.
3. Affordable Housina Prolfam: Delete City participation and include funding for direct
subsidy second mortgages to new construction infill.
~.
4. Downtown Cinema: funding for land acquisition in Blocks 77 and 85.
5. Block 76 and 84 Redevelo.pment: funding for land acquisition and parking lot
construction. In addItion funding sources include the City - Pineapple Grove Seed
Monies, $454,689.
6. Municipal Tennis Center: funding for $481,000 for the stadium and courts.
7. Mount Olive Redevelopment: funding for land acquisition for nonprofit housing site.
8. Downtown Core Improvement: funding for redesigning existing municipal parking lots;
for rehabilitating the Bridge Tender's house on Atlantic Avenue; for participating with the
DDA and Chamber of Commerce in a Downtown Marketing program; for granting
207 E. Atlantic Avenue, Delray Beach, Fl33444 (407) 276-8640 I Fax (407) 276-8558
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
" I
FROM: CITY MANAGER tY- I
SUBJECT: AGENDA ITEM ilOC - MEETING OF DECEMBER 1. 1992
ORDINANCE NO. 63-92
DATE: November 25, 1992
This is second reading of an ordinance adopting Comprehensive Plan
Amendment 92-2 pursuant to the provisions of the "Local Government
Comprehensive Planning and Land Development Regulations Act", Florida
Statutes Sections 163.3161 through 163.3243, inclusive.
The Department of Community Affairs (DCA), Objections,
Recommendations, and Comments (ORC) Report was received on October
8th. There were two objections and they centered upon the use of the
Geographic Area of Exception approach to seeking a reduced level of
service for the downtown redevelopment efforts. While both DCA and
Florida Department of Transportation do no object to the merits and
direction of downtown redevelopment efforts, they do have a problem
with the City's methodology.
To accommodate the objections raised by DCA, staff has proposed
modifications to Amendment 92-2. Those items are addressed in the
staff report attached as backup material for this item. The other
items contained in Amendment 92-2 were approved as submitted.
Recommend approval of Ordinance No. 63-92 on second and final
reading.
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ORDINANCE NO. 63-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 92-2 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; INCLUDING
AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF
THE PLAN, TRAFFIC ELEMENT, HOUSING ELEMENT, COASTAL
MANAGEMENT ELEMENT, FUTURE LAND USE ELEMENT AND
CAPITAL IMPROVEMENTS ELEMENT, BASED UPON AN ASSESSMENT
OF TASKS ACCOMPLISHED, AVAILABILITY OF RESOURCES AND
NEW INFORMATION; INCLUDING CHANGES TO THE FUTURE LAND
USE MAP; INCLUDING CITY BOUNDARY ADJUSTMENTS PURSUANT
TO ANNEXATIONS; INCLUDING AMENDMENTS TO PART IV,
"REQUIREMENTS FOR CAPITAL IMPROVEMENTS
IMPLEMENTATION"; AND INCLUDING TEXTUAL AMENDMENTS TO
THE PUBLIC FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN
SPACE AND RECREATION ELEMENT, FUTURE LAND USE ELEMENT
AND CAPITAL IMPROVEMENTS ELEMENTS; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 92-2" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority granted
parsuant to the provisions of Florida Statutes Sections 163.3161 -
163.3243 known as the "Local Government Comprehensive Planning and
Land Development Regulation Act; and,
WHEREAS, via Ordinance No. 82-89 the City Commission adopted the
docUlllent entitled "Comprehensive Plan - Delray Beach, Florida"; and,
WHEREAS, the Planning and Zoning Board, as Local Planning Agency
did prepare an amendment to the Comprehensive Plan enUtled
i'Colllprehensive Plan Amendment 92-2"; and,
WHEREAS, the Planning and Zoning Board, as Local Planning Agency,
following due public notice, held a public hearing on June 15, 1992,
in accordance with the requirements of the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and,
WHEREAS, after the above-referenced public hearing. the Planning
and Zoning Board. as Local Planning Agency. recommended to the City
Commission that the proposed Comprehensive Plan Amendment 92-2 be
adopted; and,
WHEREAS, proposed Comprehensive Plan Amendment 92-2 was submitted
to and reviewed by the City Commission; and,
WHEREAS. following due public notice, the first of two required
public hearings on Comprehensive Plan Amendment 92-2 was held by the
C~ty Commission on June 23. 1992. in accordance with the requirements
of the "Local Government Comprehensive Planning and Land Development
Regulation Act"; and,
WHEREAS. proposed Comprehensive Plan Amendment 92-2 was forwarded
to the State Department of Community Affairs for review and comment on
June 25. 1992; and.
WHEREAS. a report of Objections. Recommendations and Comments has
been received from the State Department of Community Affairs and said
report has been reviewed by the Planning and Zoning Board, as Loc'al
Planning Agency, and is the basis for modifications to the proposed
,I Comprehensive Plan Amendment 92-2; and.
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WHEREAS, following due public notice, two public hearings were
held on November 24, 1992, and December 1, 1992, in accordance with
the requirements of the "Local Government Comprehensive Planning and
Land Development Regulation Act".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach,
Florida, hereby declares its intent to exercise the authority granted
pursuant to the provisions of Florida Statutes Sections 163.3161 -
163.3243 known as the "Local Government Comprehensive Planning and
Land Development Regulation Act".
SecUon 2. That in implementation of its declared intent set
forth in Section 1 of this ordinance, there is hereby adopted the
document entitled "Comprehensive Plan Amendment 92-2". which is
attached hereto as Exhibit "AIf and incorporated herein by reference.
Section 3. That the document entitled "C01IIprehensive Plan -
Delray Beach, Florida" is hereby amended pursuant to the document
entitled "C01IIprehensive Plan Amendment 92-2".
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word by
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 S. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon the
City's receipt of Notice of C01IIpliance from the State Department of
Community Affairs, pursuant to Florida Statutes Section 163.3184.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of , 1992.
MAYOR
ATTEST:
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First Reading
Second Reading
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CITY OF DELRAY BEACH
COMPREHENSIVE PLAN AMENDMENT 92-2
AS MODIFIED BY "RESPONSE TO ORC REPORT"
November 20, 1992
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INDEX
AMENDMENTS TO THE TEXT OF THE COMPREHENSIVE PLAN
I. Part II. Summary of Major Features
of the Comprehensive Plan ................. 1
II. Conservation Element ...................... 1
III. Public Facilities Element . . . . . . . . . . . . . . . . . 1
IV. Traffic Element ........................... 2
V. Open Space and Recreation Element ......... 28
VI. Housing Element ........................... 28
VII. Coastal Management Element ................ 30
VIII. Future Land Use Element ................... 30
IX. Capital Improvements Element .............. 38
X. Intergovernmental Coordination Element .... 40
XI. Part IV. Requirements for Capital
Improvements Implementation ............... 40
XII. Part V. Procedures for Monitoring and
Evaluation of the Plan .................... 41
XIII. Future Land Use Map Amendments . . . . . . . . . . . . 42
XIV. City Boundary Adjustments Pursuant
to Annexations ............................ 42
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COMPREHENSIVE PLAN AMENDMENT 92-2
AS MODIFIED BY "RESPONSE TO ORC REPORT"
I. Part II. SUMMARY OF MAJOR FEATURES OF THE COMPREHENSIVE
PLAN
There are no amendments to this section.
II. CONSERVATION ELEMENT
There are no amendments to this Element.
III. PUBLIC FACILITIES ELEMENT
1. Location: P.III-B-15 and 16, 7. Inventory and Analysis ---
Buildings and Other Facilities, New item and new paragraph
Change: ADDITION - NEW ITEM
. City Marina
Change: ADDITION - NEW PARAGRAPH (After Public Safety
Building paragraph)
The City Marina is a 2S-slip facility on the
Intracoastal Waterway and is addressed in the
Open Space & Recreation Element.
2. Location: P. III-B-16, 7. Inventory and Analysis ---
Buildings and Other Facilities, New paragraph five, and P.
III-B-18, 8. Needs and Recommendations, New item
Change: ADDITION - NEW PARAGRAPH
Each of the facilities under the auspices of the
City include plant and equipment which must be
maintained, replaced or upgraded to insure
continuation of the adopted level of service.
Replacements of irreparable or obsolete office
equipment (e.g. photocopiers, furniture, etc. ) ,
replacement of computer hardware, and replacement
of ma10r pieces of equipment (e.g. front-end
loaders, generators, etc. ) as well as building
maintenance and repair will be required as needed
to continue the efficient delivery of services.
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TABLE T-1c INTERIM LOS STANDARDS FOR GATEWAY ROADS IN THE DOWNTOWN TCMA
(VIlLAGE CENTER DEVELOPMENT SCENARIO)
CURRENTLY INTERIM LOS
ROAD APPROVED DAILY P.M. PEAK
SEGMENT LOS (ADn (ADn HOUR CVEH) SOURCE
A-1-A (Through City) 15,300 (1) 16.300 1,483 FOOT (3)
A-1-A (Through City) 13,700 (2) 15,379 1,476 Palm Beach County (4)
(1) FOOT Daily Roadway Service Volumes for State Arterials and Expressways (Adopted City Plan)
(2) Palm Beach County Traffic Performance Standards Ordinance
(3) FOOT Standardized Highway Capacity Tables "Generalized Annual Daily Volumes for
Florida's Urbanized Areas-
(4) Palm Beach County LOS standard based on analysis provided through the GAE process
3. Location: P. III-C-9, Inventory, New item
Change: ADDITION - I Nii.:::l.?'....\ -
. The Cit has defined a Center"
develo ment scenario see Fut re Land Use
Element for a descri tion of t is eo ra hic
area for a ortion of the D ntown. This
area is also designated as a~Transportation
Concurrency Management Area ( TCMA) . The
TCMA concept is used in coni unction with the
downtown "Village Center" development
scenario to encourage growth into
development patterns that support
alternatives to single-occupant automobile
transportation. It is recognized that
achievement of the proposed development
intensities, densities and mixed use
patterns which are conducive to reducing
dependence on single-occupant automobile
travel requires a long-term strategy based
on directing development into more intensive
patterns coupled with an early and continued
commitment to public transit and an
accommodation and management of traffic
congestion. The City therefore finds that
the creation of a TCMA enhances the
long-term development and mobility goals of
the City, specifically the downtown "Village
Center" development scenario, and that these
goals are balanced, realistic and
achievable.
3
",-----,-.
FIGURE T-2A VEHICLE AC(.;lO.ea~'Tb .&.L1 y\,;~v .....,:;..
BICYCLE/PEDESTRIANS 1991
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occur within the next 36 months within this
downtown "Villaqe Center" area (identified
as interim land use totals in Figure L-2a of
the Future Land Use Element) may result in a
temporary inability to meet adopted road
concurrency standards. The City and CRA
identify this as a possibility but, feel
that redevelopment goals including increases
in downtown activities, employment, and
downtown revitalization while directing
development toward downtown and away from
the suburban sprawl areas, outweigh said
road concurrency standards. The ultimate
land use mix for this geographic area will
result in a balance between mobility and
development, however, near term imbalances
may occur. The City is designating this
downtown area as an interim TCMA to allow
this interim development to occur.
6. Location: P. III-C-14, Definitions
Change: ADDITION
The following information is proposed to be
placed in the Traffic Element. A section is to
be created titled 'DEFINITIONS' and is to include
the following initial set of definitions.
DEFINITIONS: This section of the Traffic Element
contains definitions of traffic terms relating to
the contents of this element. It is not a Rule
9J-S, F.A.C. requirement, but is included in the
plan for the purpose of clarifying technical
traffic terminology appearing in this Element and
elsewhere in this Plan.
TRANSPORTATION CONCURRENCY MANAGEMENT AREA (TCn)
- a qeographically compact area designated in a
local comprehensive plan where intensive
development exists or is planned in a manner that
will ensure an adequate level of mobility and
further the achievement of identified important
state planning goals and policies, including
discouraqing the proliferation of urban sprawl,
encouraginq the revitalization of existing
downtowns or designated redevelopment areas,
protecting natural resources, maximizing the
efficient use of existing public facilities, and
promoting public transit, bicycling, walking and
other alternatives to the single occupant
automobile.
7
\
. streets under County jurisdiction which
shall be allowed to function at LOS "D"
under any conditions pursuant to the Palm
Beach County Traffic Performance Standards,
Ordinance 90-40i, and
f ~tteet~ a~~te~~e~ l~ tKe 'e0ttapKlt ltea 0t
Extept10~ ~K'ZZ >>e aZZ0we~ to 0pet.te at .
Z0wet t.0SI .~ aZZ0we~ p~t~~.~t to tKe 'aZa\
Se.tH t0~nt1 Ttattlt 'ett0ta\a~te Standat~~1
0tdl~a~te 98118i
. streets identified as City Collectors or
City Arterials on the Traffic Element
Network Map (Fiqure T-4) shall be allowed to
function at LOS "D" under any condition
pursuant to Table T-1b.
. streets within the interim TCMA shall be
allowed to function at LOS 'D' pursuant to
the provisions of Traffic Element Policy
E-1. 6.
9. Location: P. III-C-22, Policy B-3.2
Change: REVISION
Policy B-3.2: A formal scenic street program
shall be established by June, 1992. Initial
improvements shall be funded through a General
Obligation Bond and then on an annual basis with
the first annual funding occurring in the FY
95/96 Budget. The program shall be developed
wi thin the Communi ty 0e"eZ0pa\e~t Set"lte~ 't0~P
Improvement Department.
The following shall be financed through the
General Obligation Bond program of 1989:
a) Atlantic Avenue east of the Intracoastal
Waterway;
b) Atlantic Avenue between Swinton and I-9S;
c) Atlantic Avenue between 1-95 and Military
Trail;
d) Swinton Boulevard from SE 10th Street to the
north City limits; and
e) Barwick Road, north of Atlantic Avenue.
9
'"
.
Area ( TCMA) . This interim TCMA designation shall
be effective for a maximum period not to exceed
thirty-six months from December 8, 1992 during
which time a TME shall be prepared and adopted.
[9J-S.00S7(7)(a)]
Policy E-1.1: The interim TCMA designated within
Delray Beach shall automatically become null and
void if the Oelray Beach City Commission does not
adopt a TME as a comprehensive plan amendment
within the time frame prescribed by Objective
E-1. [9J-S.00S7(7)(a)]
Policy E-l. 2: The levels of service standards
established for the interim TCMA shall be valid
for no longer that the time frame prescribed by
Objective E-l. Should the City fail to adopt a
TME within the time frame prescribed by Objective
E-1, the levels of service standards established
for the interim TCMA's shall automatically be
rescinded and the level of service standard in
place before the designation of the interim TCMA's
shall be reinstated. [9J-5.00S7(7)(a)]
Policy E-1.3: The City Commission shall have the
authority to impose specific limits on the amount
of development permitted within the interim TCMA
and such limits shall be valid for no longer than
the time period prescribed by Objective E-l.
Said limits of development shall be as defined in
Table L-2a of the Future Land Use Element.
[9J-5.00S7(7)(a)]
Policy E-l. 4: The Planning Department shall
prepare monitoring status reports on a six month
basis. Said reports will reflect changes in the
amount of proposed, approved, built and total
existing conditions relative to land use density
and intensity in the TCMA. [9J-S.0057(7)(b)]
Policy E-1.5: The Traffic impacts for projects
within the Downtown interim TCMA shall be
measured against the level of service "0"
standard for average annual daily traffic and
peak hour conditions as established in Objective
B-1 of this element, except for those roads
identified in Table T-1c. [9J-S.OO57(S)(c)1]
POlicy E-1.6: Developments within the TCMA shall
use the existinq grid system of streets within
the TCMA and surrounding downtown area for
traffic distribution purposes.
11
.
Objective E-3
Within thirty-six (36) months after the adoption
of comprehensive plan amendment setting an
interim TCMA, the city Commission shall adopt a
Transportation Mobility Element ( TME) . The TME
shall provide for a safe, convenient and energy
efficient multi-modal transportation system. The
TME shall meet the provisions of the applicable
state statutes and administrative rules, and
requirements of Palm Beach County.
[9J-5.0057(5)(b)1]
Policy E-3.!: In the development of its TME,
Delray Beach shall establish level of service
standards during the peak hour for roads and
transit facilities within its jurisdiction after
consultation with the Florida Department of
Transportation, the County, and any affected
local governments. [9J-5.00S7(S)(b)1]
Policy E-3.2: In the development of its TME,
Delray Beach shall provide for the control of
connections and access points of driveways and
roads to roadways. [9J-S.00S7(5)(c)2]
Policy E-3.3: In the development of its TME,
Delray Beach shall establish parking strategies
that will promote use of alternatives to the
single-occupant automobile. [9J-5.0057(5)(c)3]
POlicy E-3.4: In the development of its TME,
Delray Beach shall establish strategies to
promote the use of bicycles and walking.
[9J-S.00S7(5)(c)5]
POlicy E-3.5: In the development of its TME,
Delray Beach in cooperation with Palm Beach
County shall establish strategies to achieve or
maintain clean air quality, promote energy
conservation and efficiency, and reduce the
number of vehicle trips typically expected to be
qenerated by new development or redevelopment.
[9J-S.0057(S)(c)6]
Policy E-3.6: In the development of its TME,
Delray Beach shall establish Transportation
Demand Management (TDM) proqrams to modi fy peak
hour travel demand and reduce the number of
vehicle miles traveled per capita within the
City, County and region. [9J-S.00S7(S)(c)71
13
".
.
Policy E-5.1: Delray Beach shall continue its
application and enforcement of Traffic Element
policy A-2.2 requiring acquisition, preservation,
or protection of existing or future
transportation rights-of-way and corridors
designated in Table T-4 of this Element.
[9J-S.0057(5)(c)4]
Policy E-5.2: Delray Beach shall coordinate
roadway and transit service improvements with the
future needs of seaports, airports, and other
related public transportation facilities.
[9J-S.OO57(5)(c)9]
Policy E-5.3: Delray Beach shall establish
strategies, agreements and other mechanisms with
County, regional and state aQencies that
demonstrate the area wide coordination necessary
to implement the transportation, land use,
parking and other provisions of the
transportation mobility element.
[9J-S.0057(S)(c)12]
Policy E-5.4: Delray Beach shall provide for the
coordination between the transportation mobility
element's goals, objectives and policies and the
capital improvements identified in Rule 9J-5.016,
F.A.C. [9J-5.0057(S)(c)13]
Policy E-5.5: Delray Beach shall establish
strategies to encouraQe local traffic to use
alternatives to the Florida Intrastate Highway
System to protect its interregional and
intrastate functions. [9J-5.0057(5)(c)14]
Objective E-6
Within the time frame prescribed by Objective
E-l, Delray Beach, in coordination with
designated transit and paratransit providers,
shall address the provision of efficient mass
transit and paratransit services based upon
existing and proposed major trip generators and
attractors, safe and convenient mass transit
terminals, and accommodation of the special needs
of the service population and transportation
disadvantaged. [9J-S.00S7(S)(b)4]
Policy E-6.1: Delray Beach shall establish level
of service standards at peak hour for transit
facilities within the City after consultation
with the Florida Department of Transportation,
and the transit and paratransit providers.
[9J-S.OO57(S)(c)1]
15
Figure T-4 TRAFFIC ELEMENT NETWORK (Bxisting Map)
1- R A r- r ' C C ! C ~v1 r-t i\ 1 T N t.r- T \^! 0 R K
I r .1 LLLI i _I~ i I I n
CITY OF DELRA Y BEACH, I FL ::: po ;. }~'illl~: . I
JANUA.RY, 1989 ! .:':: ,/~:: 'J' cD) .r 11\.Ir.' ~f II
I 11.' \ ,. I I, ". r:::::::
;, .' , \ --'- >-11 . . I
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I,. . _ w ~ ., Q' >- If
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. i .:: ,~ I. h. <<t. - II
I ! LA~Q..LB.9ML. / ~'.: :' , J t.=-,. i I ;,:: Q ~, ,-=
I-'--'~'-'-' ""'-.: :' .' '-. .-;- j--d-T:~-'@ --1/
~I ! ~ / ~,,: :.: I' I I/;::n /1
< ' 0 ,: '- I .' <( -1 I,
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... ~ ~ I" 17\ - II
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~ I :::: 0 . I!i: : J' -: 1/""
x~ . . , I Iii ,.- /'1/11,
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~ ' ": : I I .......... I I" . : ~...... II"
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cb V I I '~: ': /:~ I ~' .. c" I ~ 11 t W
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Ilmll! III ~~€".q^"A - - - - - --II ;". H;- T - - - - !-~: -~Jf/ ~
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I *No ports or airports exist in j't~;; I:' \ /:f :,: ,: ~-~', J
j the City, nor will they exist in l~:: : ;, /!;& :---.~ IJ ./
the future. ~:: : [1. J @~ ~--J ,! It! ~~ -== II I ~
- - - - ! . -- L:":38- - CANAL '.. - - - -I ~: .'-' _. '-~-?.::., '"--:- I{-'......~ i , r--/" :)
. I.. : C-15 CANAL ,I ~ : ,~ ~ II ' "
......... STATE PRINCIPAL ARTERIALS '?-ij :..... L_' i ~
_ f (j : "'--n__!: 1/ '
= = = STATE MINOR ARTc:.RIALS ____ CITY COLLECTOR '~ I
- - -COUNTY MINOR ARTERIALS =_"-=- HIGH SPEED RAIL CORRIDOR i/
-'-COUNTY COLLECTOR & TRI-COUNTY COMMUTER LINE & Yt!
F.E.C. RAILWAY /
~ STREET IDENTIFIER
~ *Reter to Street . TRAIN STATIONS (STOPS)
List ing page '111111 COU~~TY JURISOICT rO! J
17
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27
1
.
Categorization Map, the City - through its
0eiel~~~e~t Setil~e_ ~t~~~ Community Improvement
Department - shall provide concentrated programs
of code enforcement, public investment in
infrastructure, public assistance in the
rehabilitation of structures, public action in
the provision of replacement housing,
opportunities for new private development, and
special soc ial programs all directed toward the
stabilization and revitalization of those
designated areas. this objective shall be
accomplished through the following policies.
3. Location: P. III-E-27, Policy C-2.1
Change: REVISION
Policy C-2.1: Vacant land areas I~ tKe ~~ttKwe_t
a~d _~~tKwe_t (1~~I~dl~t 81~~dl_ ~t~iel p~ttf~~_
~t tKe rtIttl_ 'la~~I~~ Atea _Kall ~e de_ft~ated
west of 1-95, shown on the Future Land Use Map as
low density residential and rural residential,
shall be retained for single family detached
housing or low density planned unit residential
development. a~d _Kall te~al~ a_ _~~K'
4. Location: P. III-E-29, policy C-4.S
Change: REVISION
Policy C-4. 5: This objective shall be assigned
to the 0eiel~~~e~t Setil~e_ ~t~~~ Community
Improvement Department and shall be carried out
pursuant to a collaborating objective in the
Intergovernmental Coordination Element. (See
Objective C-3 of this element)
5. Location: P. III-E-30, Objective C-7
Change: REVISION
Ob1ective C-7:
The 0eiel~~~e~t Setil~e_ ~t~~~ Planninq and
Zoning Department and Community Improvement
Department in It_ their role of providing
guidance and assistance to the development
community and in furthering the objectives of
this Goal Area shall provide a leadership role in
addressing deficiencies in the development
climate. These Department!, shall operate under
the philosophy of private enterprise regarding
efficiency and delivery of product. To these
ends and that of providing a top rate climate
which will attract quality developers, It these
Departments shall:
29
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Delray Beach has created a "Village Center"
development scenario which addresses all the land
located in the CBD and OSSHAD Zoning Districts,
lying west of the Intracoastal Waterway. This
scenario promotes continued development and
redevelopment in the downtown area through an
enhanced balance of employment, housing, economic
development and traffic.
The downtown "Village Center" development
scenario currently consists of approximately 235
acres of land.' The aggregated ma ior land uses
include:
Commercial 24% Railroad R-O-W 3%
Single Family Residential 11% Office 15%
Multi-Family Residential 7% Warehouse 4%
Vacant 6% Industrial 3%
Hotel 1% Other 3%
Road R-O-W 20%
The downtown "Village Center Development
Scenario" map ( Fiqure L-8) illustrates proposed
qeneral land uses for this area. Table L-2a
shows a comparison of the amount of current and
proposed land uses.
TABLE L-2a Village Center Development Scenario Land Uses,
Current and Proposed
USES CURRENT INTERIM PROPOSED
Commercial (sq. ft.) 895,162 1,036,017 1,112,994
Office (sq. ft.) 585,995 585,504 581,086
Industrial (sq. ft.) 89,156 93,705 180,118
Warehouse (sq. ft.) 181,930 180,361 151,092
Hotel (rooms) 127 180 180
SF Residential (units) 145 134 91
MF Residential (units) 264 383 957
Vacant (acres) 15 0 0
Other(sQ. ft.) 117,533 161,945 161,945
Note: Thill ill a new table, underlining In the text of thIe report omIlIIed for cIartfIceIiorl.
31
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2. Location: P. III-G-8, Analysis, First diamond
Change: REVISION
. Level of service deficiencies (based on
County and regional standards for all but
State facilities in which case FOOT
standards are used) currently (Z'S', (1991)
exist on the following streets:
. Lake Ida Road, rif6w at 1./0/81 Y0Y
Military Trail to Swinton Avenue;
1 MlZltatj TtalZI rif6w at 1./0/81 Y0YI
rif6ttK f6t AtZaritlt Aieri~el
. 1-951 rif6w at 1./0181 yrYI
. West Atlantic Avenue, Military Trail to
1-95;
. Federal Highway, Linton Boulevard to
Lindell Boulevard;
. Seacrest Boulevard, N.E. 22nd Street to
Gulfstream Boulevard.
The County Five-Year Road Program (FY 91/92
to 95/96) projects improvements for the
above situations as follows:
. Lake Ida Road improvements lri ry '2/'3
Military to Congress Avenue
construction in FY 93/94
1 MlZltatj TtalZ l~ptf6ie~erit. lri ry S'/'8
1 AtZaritlt Aieri~e we.t f6t ~f6ri~te.. lri ry
'Z/'2 (AtZaritlt Aieri~" l. a 8tat"
tatlZlt11
1 eeimaritf6wri ~f6a~ lri ry 'Z/'2
. Lake Ida Road improvements Congress to
Swinton Avenue construction in FY 92/93
. West Atlantic Avenue improvements Jog
Road to 1-95 construction in FY 92/93
3. Location: P. III-G-12, Analysis, New Paragraph
Change: Addition
The following information is in addition to the
requirements of 9J-5-006(2). More detailed
information can be found in the document "Delray
Beach Downtown Core Geographic Area of Exception
from the Countywide Traffic Performance
Standards", October, 1991.
. Opportunities exist for the further
development and redevelopment of the City's
Central Business District (CBD) utilizing
33
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6. Location: P. III-G-21, Policy B-2.3
Change: REVISION ~
Policy B-2. 3: Prior to issuance of any
certificate of occupancy, the p't'~qtofl/o~ ~e
0eiel~p~ent Setifte~ 0t~~p Chief Building
Official or a designee shall certify that
concurrency is achieved. This certification
shall be in writing and shall be affixed to the
Certificate of Occupancy.
7. Location: P. III-G-29, Objective C-3
Change: REVISION
Obiective C-3:
Economic development is ~ essential component of
the redevelopment and renewal efforts which are
directed to the future of the City of Delray
Beach. Specific efforts for the coordination and
provision of economic development activities
shall be centered in the City Administration f s
Development Services Management Group. Those
efforts shall be governed by the following
policies.
8. Location: P. III-G-31, Policy C-4.8
2-{l\~
Change: REVISION q
Policy Neighborhood Plan shall be
ptepilte91 com 1 ed for the "Pineapple Grove" area
in FY 'S/'I 91/92. The neighborhood plan shall
be prepared by the Planning Department ~n91et tHe
il~~pfte~ ~t tHe eft11~ 0eiel~p_ent Setifte~
Milnil~e_ent 0t~~p. An amount of approximately
$500,000 which is designated as "redevelopment
seed money" in the 1989 G.O. Bond program shall
be used for redevelopment purposes in the Old
School Square portion of the Pineapple Grove area
with the specific use determined through the
neighborhood planning process.
9. Location: P. III-G-38, Commercial Land Uses, Commercial
Core
Change: Amendment
Commercial Core: This designation is applied to
the community's eenttill 8K_fne_~ 0f_ttftt
Downtown Areas. It includes the "Village Center"
35
"VILLAGE CENTER" DEVELOPMENT SCENARIO
.
~
f
Predominantly Commercial
I Milled Commercial
(Includes Offlee & Service)
Milled Commercial
(Includes Multi-Family)
'~~l'I!o
~~.;;.O::J Predominantly Multi-Family
g
Predominantly Employment
_ (Industrial & Warehouse)
~~....
. ~~,~ Predomlnanlly Office
~~ Milled Use
L (Old School Square)
C:Jl Predomlnanlly Single Family
~ Landmarb .. FoeaJ Points
~~ Gateways
~. 7.. .
_.-JI .
-
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- I
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CU
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I~-==l( .J '--- . . .Jl.
1 Old School Square Cullul1Il Complex -.. · ."\ r-
2 Pineapple Groye Way Commercial District -lr "VILLAGE I
3 LIbrary I
4 Potential Junior Department ::::; CENTER"
Store With Parking Garage I
5 Colony Holel -
I Proposed Downtown Park.?tau 37
7 Veteran', Parte
. Holiday Inn
."
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4. Location: P. III-H-21, Policy A-3.3
Change: AMENDMENT
Policy A-3.3: Each department of the City's
administrative structure through which capital
needs are addressed shall maintain a Capital
Improvement Program (CIP). The CIP shall address
currently funded projects, projects under
construction, and a five year projection of
projects. The CIP shall include all projects
contained on the five year schedule of this
Element and shall contain those projects of
greater than $25,000 which are funded through the
dedicated financial resources for remedial
projects (Policy A-2.3) and all other projects of
greater than $25,000 which are proposed except
for repair and replacement items identified and
funded via Policy A-2.3 above. The CIP for each
department shall be reviewed annually by the
Local Planning Agency which shall issue a
statement of consistency with the Comprehensive
Plan.
s. Location: P. III-H-23, Policy A-3.8 (d)
Change: REVISION
Policy A-3.8 ( d) : The Length of a bond issue
shall relate to the useful life of the projects
which it is financing. The City will attempt to
schedule Bond Issues so that . an equal principal
amount is retired each year over the life of the
Issue, producing a total debt service schedule
with a declining balance each year.
6. Location: P. III-H-24, Policy A-3.1l
Change: ADDITION
Policy A-3.l1: In order to insure that an
adequate Concurrency ManaQement system will be
implemented pursuant to the requirements of Qoal
area "E" of the Traffic Element, the Position of
Traffic Engineer shall be maintained.
Policy A-3 .12: In FY 1992/93, the City shall
pursue cooperative funding among the Palm Beach
County Metropolitan Planning Organization,
Florida Department of Transportation and Palm
Beach County for the preparation of a
Transportation Mobility Element (TME).
39
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2. Location: P. IV-17, C. Review, Monitoring, Modification,
and Amendment
Change: REVISION
Monitoring and Evaluation Program: The principle
program for monitoring and evaluating progress on
the myriad of projects contained in this Element
is through the work of the (l;{plt;{l la'tptihfea'teJlt
Retlew (l0~lttee budqet team established by
Policy A-S.1 of the Capital Improvement Element.
In order to provide that the work of that
(l0~lttee budget team is available to all those
individuals and groups which are involved and
concerned with the future of the community, the
work of the (l0~lttee budget team shall be
formally reviewed by the Local Planning Agency on
an annual basis. The steps of this review shall
be as follows:
1. In January of each year the (l0~lttee budget
team shall t0JlteJle lJl 0tdet to prepare for
the next budget year's work.
2. All appropriate departments shall report on
the status of approved capital projects,
upon projects which are scheduled for the
next fiscal year, and upon any changes which
are desired in the schedule of capital
improvements. The departments shall also
provide an update of their individual
capital improvement programs.
3. The (l0~lttee budget team shall identify
those projects and changes which can be
accommodated through the normal budget
review and adoption process. They shall
also identi fy those which require a change
to the schedule of improvements and shall
immediately notify the Local Planning Agency
of such potential changes so that the formal
Plan Amendment process can be initiated.
XII. PART V. PROCEDURES FOR MONITORING AND EVALUATION OF THE
PLAN
There are no amendments to Part V. of the Plan at this time.
41
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CARVER ESTATES
DELRA Y BEACH
MUNICIPAL
GOlF COURSE
DO~
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LAND USE AMENDMENT
KING
INDUSTRIAL PARK
WALLACE
rORO
UNTON BOULEVARD
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ('(i1
SUBJECT: AGENDA ITEM # 1.2A - MEETING OF DECEMBER 1. 1992
ORDINANCE NO. 65-92
DATE: November 30, 1992
This is first reading of an ordinance amending Section 35.098 of the
Code of Ordinances to provide that effective January 1, 1993,
employees or beneficiaries of employees who retired prior to that
date, shall have their monthly amount of retirement income increased
by 5% over the gross amount they were receiving in December 1992.
Provided however, that all employees regardless of retirement date
shall receive a minimum monthly retirement amount of at least $400.
The General Employees Pension Board approved this proposal at their
November 13th meeting.
While I support the cost of living increase, and the minimum monthly
retirement benefit, I am recommending that it be applicable to those
retirees (or beneficiaries) who retired prior to January 1, .!..2.ll,
instead of January 1, 1993. Perso~who retired from the City within
the past two years are not as likely to need a cost of living
adjustment as opposed to those who have been receiving pension
benefits for a longer period of time. In addition, the 5% COLA would
not be granted to those individuals retiring after January 1, 1993
and, therefore, would be somewhat inequitable.
Recommend approval of Ordinance No. 65-92 on first reading, as amended
to reflect the 5% COLA/minimum pension benefit for all retirees who
retired prior to January 1, 1991.
p~ .
151 ~ 5--0
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. s~
Director of Fina ce
Secretary, Gener~ Employees Pension Board
SUBJECT: General Employees Pension Plan--5% Cost of Living Increase/
Minimum Monthly Pension Benefit for Retirees
DATE: November 30, 1992
The General Employees Pension Board, at their meeting of November 13, 1992 ,
approved a 5% cost of living increase to all General Employees Pension Plan
retirees to be effective January 1, 1993 for all retirees (and
beneficiaries of retirees) who retired prior to January 1, 1993.
Additionally, the Board approved a minimum retirement income of at least
$400.00 per month. For those retirees currently drawing a pension benefit
of less than $400.00 per month, the 5% cost of living increase would be
applied to their current benefit and, if the monthly benefit was still less
than $400.00, then their monthly pension benefit would be increased to the
minimum $400.00.
As the Board is not obligated to review or grant cost of living increases
on a regular basis, they felt a one-time increase was more appropriate than
a per-year increase. Additionally, the Board felt that the 5% increase was
fair as the current City employees are receiving no cost of living
increase, but are eligible to receive a merit increase ranging from 0% to
5% with a budgeted (funded) increase of 3%.
The City Attorney drafted the ordinance for the changes outlined above for
first reading and approval by the City Commission at their meeting of
December 1, 1992.
The last cost of living increase/minimum monthly pension benefit granted to
the General Employees Pension Plan retirees was effective March 1, 1986.
/sam
(2-/\:
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.,.. ',.' i'EL NO 4072784755 Nov 25.9217:28 P.02
I.. 1 I ~ H I I Uk. Nt:., ::> ~~. - -' I
'. II U
ORDINANCE NO. 65-92
AN ORDINANCE or THE CITY COMMISSION OF THI CITY or
DELAAY BEACH, rLORIDA, AMENDING CHAPTER 35,
EMPLOYEE POLICIES AND BENEFITS SUBHEADING RETIREMENT
PLAB, OF THE COOl OF ORDINANCES OF TH2 CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.098,
"SUPPLEMIN'1'AL RETIREMEN'1' INCOME FOR EMPLOYEES WHO
RETIRED PRIOR TO FEBRUARY 1, 1986" BY RENAMING
SECTION 35.098, PROVIDING AN INCREASE IN THI MINIMUM
MONTHLY RETIREMENT BEMllITS, PROVIDING FOR CERTAIN
COST or LIVING INCREASBS IN THE RETIREMENT BENlFITSI
PROVIDING A REPEALER CLAUSE, SAVING CLAUSE, AND
AN EFFECTIVE DATI.
NOW, THlREFORB, BE 1'1' ORDAINlD 8Y THE CITY COMMISSION or THE
CITY or DELRAY BBACH, FLORIDA, AS FOLLOWS,
Section 1. That Section 18-120, "Suppl....ntal Retirement
Income for Employ.e. Who Retired Prior to February 1, 1986", of the Code
of Ordinances of the City of Delray Be.ch, Florida, i. hereby am.nded to
read .s follows.
!.pioyee.-who-rett~ed-p~to~-~o-peb~ua~-ir-198S-shaii-~eeeiye
aft--tfte~ea.e--tft--~hetr--retire..ftt--tneo.e--e.teula'ed--ift
aeeordaftee-wUl\-Sec:Uens- !:8-U9r- iB-Uh- U-Uh- ie-Ui -and
ie-ii3-~ai-to-twe-ta't-pe~eeft'-fer-..eh-y.ar-fro.-'he-date
of--'he--empioyee~.--r.tiremeftt--~hroufh--Pe8raary--i87--19861
proYidM,- all - sueh - e..ptoyees - ..he - reUrecl- priol:' - to - "I:'eh - t 7
nee - shaU - ~eeeiYe - ~eiat~emeft' - tftee.e - of - a~ - iea.' - U88 - per
"OftthT--'he-..pple..nt-aftd-.tfttm..-rettr.meftt-tfteo.e-p~oYtded
*ft-~ht.-seetioft-Shall-8e-patd-be9tftntft9-Ma~eh-iT-198ST
35.09' SUDDle.ental Retirement Income and Minimum 8enefit.
Effective a. of January 1, 1993, emDlovees or beneticiarie. of
emolovee. who retired Drior to that date, ahall have the
monthlv amount of retirement income increased bv '5 over the
Qro.. amount they were receivina in December of 1992.
Provided however that all emDloyee. reaardle.. ot retirement
date shall receive a minimum monthly retirement amount of at
~a..t $400.
Section 3. That all ordinance. or parts of ordinance. in
conflict herewith be and the same are hereby repealed.
Section 4. That Should any section Or provision of this
ordinance or any portion thereof, any paragraph, .entence, or word be
declared by . Court of competent jurisdiction to be invalid, such
dec11ion 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 .hall become effective immedi-
a~.ly after 1 ta pll8uge on .econd and final reading and shall b.
applicable to retireela. set forth in Section 1 of this ordinance.
C~TY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 25.92 17:29 P.03
. - . . . ,
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PASSED AND ADOPTED in reqular .ession on second and Unal
reading on this the day of . 1992.
MAYOR
ATTEST I
Ci ty Clerk
F1rlt Reading
Second Reading
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ORD. NO.
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PUBLIC AND CITY COMMISSION COMMENTS FROM DECEMBER l, 1992:
Public Comments:
(l) Mr. Jerry Marshall:
(a) Described how it had taken him roughly l5 minutes to
drive East Atlantic Avenue from 7th Avenue west to
Swinton earlier in the day. He feels the left turn
situation in both directions is impossible and
suggested 'No Left Turn' signage be installed during
the season for the stretch of Atlantic Avenue from
Swinton east to 6th or 7th Avenue.
(b) Advised he had received a call from a woman who is
working on a pre-school program at Carver Middle School
and they are in desperate need of playground material
and equipment. He asked the City to investigate any
possibility of helping to get some playground equipment
put in at this location as it would be an asset to the
neighborhood.
(2) Dr. Arthur Jackal, who complimented the Commission on the
agreement reached between and approved by both the City and
the County relative to the Morikami Wellfield.
(3) Ms. Alice Finst, 707 Place Tavant, Delray Beach:
(a) Thanked the Commission for changing the agenda format
to allow the City Manager to respond to public
comments. She feels this brings the public into what
is going on and makes for better communication.
(b) Asked if it would be possible to start the Comments and
Inquiries on Non-Agenda Items portion of the agenda at
a fixed time of 7:00 p.m. as she feels this would be
more convenient for the people who come to the meetings
to speak to the Commission.
(c) Stated there apparently is something in the City known
as a permit for temporary fencing which anybody can
apply for, including people who live in historic
districts, which means out of nowhere temporary fencing
gets slapped up in the historic districts even for a
short period of time without any conditions placed on
them or review by the Historic Preservation Board or
anyone. She feels there should be guidelines as to
what kind of fencing can be used in historic districts
and how they are to be handled, perhaps by making
temporary fences in historic districts subject to some
type of review, even if it is from the Preservation
Secretary.
(d) Regarding visibility of presentations to the public,
Ms. Finst suggested that some arrangement (such as a TV
camera) be made so that the audience can also see
graphics and other visual aids when they are presented
to the Commission.
(4) Ms. Vi Hinchliffe, who commented that not all the golfers
objected to the $.50 per play surcharge; it is a minimal fee
and should be affordable to those who can afford to play
golf.
(5) Mr. James Bassa, l02 N.W. l4th Avenue, Delray Beach, who
expressed his concern over the issue of youth activities in
the City and what seems to be the inadequate concerns of the
City, the Commission and those persons involved with the
decision-making process over the implementation of youth
activities and youth activity centers. He stated that he
had become aware of recent denials of several locations for
this type of entertainment center and asked for information
(Le. , minutes) which is available as to why this occurred.
Mr. Bassa expressed the opinion that the problem with
today's youth is not a single area problem, but is
widespread among all ethnic groups in all areas, and is one
that must be addressed. He suggested some type of mediation
board be established to come up with a viable solution to
address the problem with not only Black youth, but all young
people in the City of Delray Beach.
(6 ) Ms. Helen Coopersmith, who also requested consideration be
given to moving the public comments portion of the agenda to
a more convenient time during the meetings.
Commission Comments:
(1) Dr. Alperin: No comments
(2 ) Mr. Mouw: No comments
( 3) Mr. Ellingsworth thanked the City Manager and the Assistant
City Manager for the fine job done at Cason Cottage with the
recent improvements to the site.
(4 ) Mr. Randolph:
(a) Commented that there are still alot of leftover
political signs out on the streets and asked if City
workers could, as they come across any signs, take them
down and dispose of them.
02
(b) Asked what phase of the Northwest drainage project we
are in, because there are some streets that do not have
markings (example: Martin Luther King Blvd/N.W. 2nd
Street is unm~rked from about lOth west). Mr. Randolph
also asked itfthe drainage system is ready to function
since, after the last big downpour, there was still
quite a bit of standing water. Is the system ready to
accept what we had coming in?
In response, the City Manager stated that the outfall
had not been unplugged at the time of the storm; we did
not have final clearance to open that up. The Manager
also noted there was alot of flooding around Spady
School; that system has no outfall at all right now,
but the work that is to be done on the property we just
acquired north of the school will accommodate the
outfall from that area. There are three (3) more
phases of drainage work to do in the northwest area,
but getting the outfall opened up will help.
(5) Mayor Lynch:
(a) Regarding his prior request to hold a Town Meeting, he
would like all the Commissioners to attend, so asked
the Manager to look at some dates for late January,
1993, at Old School Square, for review by the
Commission at next week's meeting.
The City Manager advised that staff feels this needs to
be coordinated with the Comprehensive Plan hearings and
with the Commission's organizational meeting, so is
suggesting that it be done in March instead of January.
The Mayor reasoned that he wants to hold the meeting
before March in order to first hear from the citizens.
That way, when the organizational meeting is held and
the Commission begins to set objectives, they will have
public input. He suggested doing a "State of the
Union" type format to let the citizens know what's been
going on and then leave it open to public opinion and
comments. He requested the Manager to look at some
dates for consideration on 12/8/92 so that necessary
advertising could be prepared in time.
(b) Noted that Governor Chiles will be in town next
Wednesday, l2/9/92, and he will be attending a Boca
Raton Chamber of Commerce meeting at which the Governor
will be present. He asked if any Commissioner has any
comments or if there is anything to be passed on to the
Governor, please let the Manager know and he will pass
that information on to Mayor Lynch.
Prepared by: AMH/l2-2-92
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