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11-05-91 Special/Workshop 'Ijl CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING ~ NOVEMBER 5, 1991 - 6:00 P.M. FIRST FLOOR CONFERENCE ROOM -- AGENDA ----- Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. -----------~--- Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the First Floor Conference Room at 6 P.M, on Tuesday, November 5, 1991. This meeting has been called to consider the following: - 1. Revised Site Plan/Miller Park. 2. Approval of Lease Agreement- Trailer for Temporary Fire Station No. S. Okxm ~Jt~!/á7iy Alison MacGregor Harty City Clerk WORKSHOP AGENDA 1. Discussion with regard to fund raising events for Charitable Organizations (Commissioner Andrews). 2. Method of Sending Public Notices (Mayor Lynch). 3. Code Enforcement Issues (Commissioner Andrews). 4. Ethics Resolution (Commissioner Randolph). 5. Status Update/Provide Direction/Tennis Center (Mayor Lynch). 6. Provide Direction/Identification of Areas for Downzoning (Commissioner Andrews). 7. Provide Direction/ Lighting Code (Commissioner Alperin). 8. Commission Comments. ." '''' , _ .-, ... - I..~ ~.""' j' .__~_ _ ___~_ .Þ MEMO CITY OF DELRAY BEACH ~~ ENVIRONMENTAL SERVICES DEPARnŒNT TO · -::J;Þ- v, 0 ¡J A (I. DE, ¡...J DATE . Ie - .:J / - 9 I . . FROM: m f+- «K 6 ^ -e(t \ E '- , SUBJ.: /Vl1l...1.-6/C F¡E:LrJ /I((d! 72.ò Á f) (' ().$.'r £ Ii 1h?,IiJ7G 7J-.11!: :'~.. j l' I ,. ,£:.7 " J) te J 'T ð{ CNV~7,€<JC'íJ¡J C Ii /}(Cr;;-S J y! l' \) F- iì ~ " , ¡Hi": Nt f( Tr "P¡t¡{¿I;J G fur ~ .,. ~./~. ?liL PO) e'" .s()~ÎH ,,"?,A ~ ,r:. .10 I!;; Af hu-p¿;.!J " 1)~/¡,)6 A Zt./ F",r 'f2.¡.A D (Z.~ 7 jy /L.,r- J ..... é'. (, 7 s Y /L. F " ... Z':¡: oS 7 t. . ~L.I¡:: SuT.?- bRp,:þ¿ :' Z. ~ 7 :~7 ).,r Y $. &(I ~'r 3~ '1?f;J & I 2' Z/, /...p ~1 fJJPfl/J,L""t Z.(j7 sf /LIF y 4- §ï ~.)I ::- )2. L.~ rIel ë. (, 7 ~'Ï IL I fI- 'I .z,:1§ /~l 0:: ~It. 7, "L-. ¡: . , - . , ~t. t-.r: :: ~40, {¿J E!Ï. &:,s:r Cð/ll'T 110./ G & L.J Co 7 @ 2~4 '-7 ~ II - 4f £.§ TOT t~ 1... E5.-r Cð~7 p$j( J... ¡;. .5 8, .Esr J.. ¿;. ¡..l GT rf 7(/'t) I., F -,I' ,y . Tt7fAl... cJ-r' &;'!''T - 40 , 8$. Z. . ·PIL.E .. MEýHO 70 e. ....., ; '1/- 47 ;::Þ '91, ,'" '" , " ,j - ~ '.. ' '-- '---,,,,"--"' - ---. - <'. - ",,'- ~ ,---'- . ID/;; I'll ,rzO . Town & Country. Estates Condomirúmn Apartments Assn./ Inc. Office of the Board of Directors 509 DOTIEREL ROAD DELRA Y BEACH, FL 33444 1'0: The MÐyor, ßnd Commissioners, City of Delray Beach, Fl. FRCr1: Town & Cmmtry Estates Conàominium Þ..".Jn., Dl?lnq Beach, Fl. VIA: Harold ¡\. Putnam, Designated Spokesman SUBJECT: Proposed expansion of Miller Field boseball diamonds . Pursuant to our presented concerns at the Commission Work- shop Meeting of 16 July 1991, and our meeting with Commissioner Al- perin of July 29, 1991, we submit th0 fo11owjng findings, and our conclusions for your consideration. l~ Our research indicates that nowhere in the COlln ty t nor in the . State of Florida is there a baseball diamond in such close proxin\ity to residential buildings as this proposed ¡v¡ajor Lea~ue f jeld. ..- ~e have learned of three (3) diamcnds in wbich the outfields bor- . uer residential neighborhoods. These are ~eparated from housing by city streets, lAwnS etc. ') There is no night baseball played, and no lighting on trpse fields. ) . . -, ~. . There are preRently, or under construction 18 bdseba11 diamonds in the City of Uelray. Twelve (12) of these are liKhted. These DO NOT INCLUDE the proposed practice, and m:~jor league d ì¡¡monds proposed " t Miller Field. S. Mr Larry Hoskins, President of the Baseball School has advis~u us that his organization does not intend to play night baseball. 6. Baseball diamonds face (Le. the batter's bOx) in all directions ~0parcntly dictated by space available. 7. LcJray Parks & Receeation Dept. informs us, that when the Mi11pr F ì C' ~(1 pxpans ion is complete, night baseball will be plaY0d simultaneously on '." ,'j; iJmonds adjacent to each othf~r, commenc ing at S: 00 P1:. Con tirJued, p, ,gr:' two 1'-1 Page two . . . To City of Delr2Y Re8ch M2yor ~nd Co~missioners . . . . ('ONC_ U~~,IC,ê!:::3: . -- Within 1.t>p r" t there are presently, not including Miller Field . 1 ..y, Expansion, a lc)t;; L cf 18 b<lseball dii,monàs which r(:>present:~ a baseball diamond for each 36 p~rticipants pre~ently enrolled in City b::seball progrAms. There is an existing lighted field for each SU PArticipants preser~ly enrolled. -!I * If we extrapolate these figures to ceflect cstirr,éJtcd population growth, PLUS :PAND PIWCR\f'~ E::HOl.Lf·:;<NT 100% ~"c w(":uld still h,ìve a baseba 11 d iamú~ld for pach 73 riirt i ci pants, and a L ir,h t.ed field for each 110 p~rticipants, not including Miller rield expansion. It is realized that current contracturaJ obiigations with the B8se- ball 'School would requiTe the Major Leaßue (J .ihmond at V;illc.'r Field be built. TherE' does not app08r to bo ,3 contréJctur31 obI i í' '; ion that tl'!is diamond be Jighted, nor does there appear to b(~ a contracturnl need for night bi~ s e ball to be played there accordinr; Lo Fr. l.arry Hoskins. The savings from not installing lighting would be substantial,and it would appear that immf>d ia to é1J ¡d future b:lseball needs are more than adequa1.~ with existing facili ties, And that expAnsion will create a redundancy in baseball fields that the over-burdened LJ,'l ray tôx-paycr can ill afford. On Oc tobr'r If, 19CJl, Mr Cerry K 1 e in. ' [' iJr:d 1 h:1d. u mr'et. ,g with Mr. cT 0 e ~:! e J. r. n of the Parks & hecreation Dept... fl/:r ',.je Id on had us view 3.re.,. vised site-plé1n, ;md explained to us that the City now intends to build a~ earth berm in lieu of the original wall we proposed that proved so -,V::Jl:'l1sive. This berm would be 6 ft high; 57 ft wide, and extend the length of our pr:)perty line. Between the berm and our existing hed~e he has proposed a ß ft chain-link fence. 1'h i oS be rr¡ì wou ld be plan'ed in frASS and trees to be esthetically pleasing. We feel thi~, is a step in the right direction, nnd "ltli' ;.¡JDl '-Iud hr. Weldon's 9ffor ~:. We still h~ve serious reserv3tions tha t. thL, berm will absorb tr ,t; noise genp ra te red by night baseball. We nlso feel the site- plan should be revised further so as to place th~ noise ("'enters i.e. BleachErs, Home-plate, Dug-outs, and the BroA.dCéìst Eooth on the t,i1E,tern extremi ty of thf~ proposed field as fur away from our resider tial buildiní:J as possible. 1 f th i s ; C' not done, and home-plate rf'mnins ns depictE:d on the site-plan -'-' thl (, ·...c would ask the City of lJelray to indemnify Town & Country Condo. !\.. s ~-) n . , uur residf'nts and guests against personal injury and property and VP~ll(Le damage whlch may occur due to batted balls entering our are2S a.s é-J ~: : r ct result of the Batters Sox being in such close [JroxirÜ ty '0 our I'l' ' nti:¡]. area. , . ,-) revised plan again ~aJls for all trAffic t.o the new fields to enter t i' . ;::"\éj from Dottere 1 ¡wad only. Mr \'!eldon f(:els that traffic wi]l be r:,. !' ' 'I ; . V.Je C1i Spl '-e this in thRt all players élno spectators will h8ve no () : '. r' vléJ V to EntLc the area. v.e fear that a dangerous environment will be ',-- ~ ( ì ¡ ,)' using Lot tere 1 rl.oad for all residents on both sides of the ,'~ t f'. l' 1 . 'blray Traffic Engineering lJept. recorr:mended against using Dotterel, (:; , ' .\. ¡ould be listenEd to. . . .-- j Continued, p::lge thl~ee '" I'age three . . . :'0 Ci t-y of De lray Reach ¡"8yor and !~o~miss iO!1.ers . . Thank Y·,J· fo!' hearing us, we pr2Y you will net f:~vorably on l)Ur concf'rns, 'Hìd preserve thf.' tranquili ty, pe;~cp ::JOO fi\j ie t we h~ive enjoyed for the p~st 15 years or more. We fear that introducing night bHseball in its present proposed location will create a cacaphony of sound to the extent we will not be able to enjoy the nightly television news broadcasts (:' tc. We fear noise alone will destroy our present quality of life, ann totally rlestroy our property values in that it will be extr'emely diff' Lcul t to seæl or rent a unit in Town & Country ~states. ¡\ßa in, we thank you for your intere~t ':; r. (1 pé1 tit'nce, ) I ,~.~ /Idi../ ' . '. - , , / . . /' t (" v , v Harold ^. Pu tné~m Por Town & Country E tntes Condominium A::sociation. ** See atached graph . . . co . Ci t:y ùf I)clrdY ¡Ji",/o[' '':/ C oIrirni:~ :3L () n c' r:. . 1'i It' . . . . '..', . - SELECTED DEMOGRAPHICS - CITY OF DELRAY BEACH Year Year Year Growth (Estimates) 1989 1994 2000 Factor I Total Population 3, 31 I Age 6 to 13 yrs 3,636 4,091 4,402 7.6% Age yrs 1, 1 . Agf:: 1 yrs 3, 3 . NOTE: 63.8% population of Delray Beach is between age 35 and 65+ years old. Year Year Year Growth (Estimates) 1991 1994 2000 Factor Males - 6/13 years 1,983 2,074 2,232 7.6% Females 6/13 years 1,929 2,017 2,170 7.6% I Males 14/17 years 1,030 1,066 1,107 3.Ð% Females 14/17 years 957 980 1,017 3.8% I i SOURCE: Demographic Profile, City of Delray Beach - Sun Sentinel Newspaper. American Profile Trend Report dtd 2/22/90 furnished by Donnelley Marketing Information Services, Div. of Dun & Bradstreet Corp. . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PEOPLE CUPRENTLY ENROLLED IN DELRAY BASEBALL PRCGRÞJI.S Male Female Total Age 6/13 years 455 97 542 Age 13/15 years 72 24 96 Age IS/over years 18 ° 18 TOTALS 545 III 656 , . SOURCE: City of Delray Parks & Recreation Department. Collated by H.A. Putnam, Town & Country Condo Assn. ..., .., I -< . ~7-" t t MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Miller Park Revised Site Plan DATE: October 17, 1991 Attached please find the revised site plan for Miller Park. The major revisions include the removal of the north parking lot and the inclusion of a 6 ' high earth barrier along Town and Country Condominiums as a noise barrier. Attached please find a report from Dunn and Associates, acoustical and vibration consultants, on the acoustical impact of the Miller Park expansion and the anticipated noise levels that may be generated during a typical ball game. The report concludes that the noise impact will be insignificant even without the 6' high earth berm. With the presence of the berm, the noise levels at the property line of Town and Country Condominiu~s will be even lower than stated in the study. - As you know Bucky Dent's Baseball School is financially and contractually responsible to build the baseball and multipurpose field per the original agreement with the City executed in 1983 (see at tached) . The Baseball School will have use of these fields from 8:00 a.m. to 3:00 p.m. with the City using the fields in the evening hours and on weekends. As previously noted, the baseball field will be utilized mostly by boys and girls 13 to 18 years of age for league games and has parking for only 60 cars. Currently there are about 90 of these teenagers on two Senior League teams (boys and girls) and one Big League team ( boys) . Little Fenway will remain our showcase field because of its amenities with the green monster, parking, seating for 1,000, etc. and will continue to be the field where tournaments are held. Please schedule this for a workshop agenda for City Commission consideration. Parks and Recreation JW: mho REF:SITEPLAN.DOC '" . . ~i~OCT . 0 191 dunn & associates acoustical and vibration consultants p.o. box 2408, boca raton, florida, 33427-2408 tel: 407 487 6898 October 9, 1991. Mr. Joe Weldon Director of Parks and Recreation City of Delray Beach Conununity Center 50 NW 15t Avenue Delray Beach, Florida 33444. I Dear Mr. Weldon: , , In response to your request for a study of the acoustic impact of the proposed Miller Park I expansion. the following are our findings regarding the present noise levels at the site of the Miller I I Park expansion and the anticipated noise levels that may be generated during a typical ball game in the proposed baseball field, which is part of the Miller Park expansion project I As pan of our study, noise level data was collected along the property line between the proposed park extension and the Town and Country Estates Condominium. The measured data are i in the fonn of an A-weighted equivalent average level or LEQ collected over several hours and I i A-weighted peak levels reached over the measurement periods. The measured LEQ levels at the propeny line due to present activities range between 55 dBA to 59 dBA. The measured peak levels. also at the property line, range between 79 dBA and 88 dBA. These peak levels are caused by either automobile traffic on the Town and Country Estates Condonúnium private road which is right next to the property line or from the passage of trains on the nearby Florida'East Coast Railroad tracks which are approximately 500 feet from the propeny line of the Town and. Country estates condominium at ! its nearest locadon. ì \ . For the noise levels generated by the passage of trains on the Florida East Coast Railroad tracks. use was made of data in our files which was collected just north of Unton Boulevard at a distance of approximately 12S feet from the railroad tracks. From this data. correcting it for the I increa.lied distance between the tracks and the Town and Country Estates Condominium pro~rty line. assuming a 4.5 dB reduction in level per doubling of distance, the peak noise levels during the passage of trains would be on the order of 65 dBA to 80 dBA. The attenuation of 4.5 dB per doubling of distance is based on typical spreading over soft ground as presenùy exists between the railroad ,"" '" ~ .......'.~.. '.' .~. , tracks and the Town and Country Estates CondomWum property line. This data matches with the ~ peak levels measured at the site. Sound level measurements were also performed at Patch Reef Park in Boca Raton during a ! : baseball game and during a football game. The equivalent average noise level during the base ball game at a distance of 10 feet from the edge of the ball field was of the order of 63 dBA. The property Hne of the Town and Country Estates Condominium is approximately 80 feet from the edge of the proposed ball field in the Miller Park expansion project. Assuming in this case a conservative 3 dB level loss per doubling of distance, the anticipated equivalent average noise level at the property line is of the order of 54 dBA. which is at or below the presently measured equivalent average level. On occasions, peaks of me order of 62 dBA to 72 dBA could be reached if panicipants in the ball game raised their voices. Applying the same attenuation for distance as for the equivalent level. the j anticipated peak levels at the property line of the Town and Country Estates condominium would be less than 63 dBA. which is below the measured peaks and the peak levels reached during the passage of trains on the Aorida East Coast Railroad cracks. The noise levels from the football game were lower than those from the baseball game. The above anticipated levels due to the use of the proposed j baseball or football fields do not take into consideration the addiûonal attenuation that will be. I provided by the 6 feet high benn which runs alona the Town and Country Estates Condominium property line. With the presence of the benn, the noise levels at the property line of the Town and. Country Estates Condominium will be lower than the above anticipated noise levels. I i In summary, the results of our study show that the noise impact of the proposed Miller Park . expansion with the introduction of a baseball field and a football field is insignificant. This is not to imply that on occasion sounds from the baseball or football field will not be audible at the property line, but that the anticipated levels that may exist would be at or below the levels that already exist at the proposed site. In the noise impact stUdy no consideration was given to noise from increased ¡ traffic on Dotterel Road which would serve as the access road to the park extension. Also it is being assumed that the ball field will not be used (or major ball ¡ames with a large attendance of spectators. i If we can be of further assistance please do not hesitate to contact us. Sincerel9. J.M. Cuschieri " '" , . ~ 3.01 During the leaw term, and In accordance with the reasonable requests 01'" schedule- of Lessor,. including any extensions thereof. Lessee shall. perform,. pay for otherwise provIde the- foUow1nS: . (a) Mowr edge, cfrag~ Umer repair bases, fertilize, in'igater treat for weas and weeds,. and such otheC" associated general maintenance which is commonlY' performed to render and maintain· a. ba.seba11 field in playing cond¡tlo~ Oft those fields now induded or to' be constructed on the leased laneL. Lessee shall adet c:lay u.may be ~ for resWar maintenance'. and the co~ of such c:Ja.y sh&l1 be shared equa!1, with. Lessor-. (b) Replace åu. so4 on- the baseball fle1dç provided',. however, If it is dearly sh01lm that' dam.,.. ta the ¡rasa sudace- is from an athletIc event or program. n~ CØftftmpJateCt Irr th1s 1...... œ under the control ot Lessee. Less_ shall not: be C'eSpOßSibl. foC' said. sOd repJ.ac:emenc. . .. . (c:) Replace- baUInC cas" nets at the commencement of the lease term, thecufceC",.. ~. ë:ost: at rep1acln~ ba~ c::qè netS shall be shared equa.ll~ ..-be~....t&aoran4Làse&', ; .... ....., . ,. ..,. . . - ..' . :: ':, - Cd' ~ftsinzc:i:' :';"rn~j~': l~alU~ .. b~.ba11 fieli:f and a mul ti-purpos~ auxillary field on that property .djOinln~ the Miner PIeld Complex to u,e south, to commence withIn !orty~i¡ht 41> months of said property beIng brouS~ tcr rouS'" pd.. ~ Lessor and Lessee- as s~~ out' ¡". øaralraøh 7.01 hereot or· withIn forty.. t \~al months of County approval, whichever is longer. The qu&llty of grade. of the two diamonds will be as determined by Lessor's en"ineers.· Lessee' will provide the in'l¡atlon system to and througno~ .. new fields, provided that Lessee- c:at\ tie into the existing irrlS&ùon pump now servlnS Miller Field Complex. -_ - '. -. . .. ".4" .__ .............._... ~~_........_-..... ._':~.....\ .. . :r.o~ . L.eS3ee-shalt n~ c:o~~c::tp. a1~ Or' otherwbe modify' the IeaSed prope~ . .' ,I' ~ . . with au: Leuc:"s authorlzatlo~ anet consen: and. ap"jn'oYal as.to design. to. be: given' in a. . . manner co:'l.s:r.--~ with LeSsor'$ charter,. code and commo,,' prac:tlc:~s. Lessee shall provide- LeSSQ:'" with' a preUminary drawing of those improvements c:ontempJat~ in . l'aragraph, 3.01 (c). Lessor shall approve- th.e design of S\.Ic:h Improvements as it desire'~ ~ ,. . J.OJ Less.. sh notlb.. responsjJ)le for the maintenance-.' upkeep or repair of . 1...--'. . the common- areas, meanr,..~1nc:lucfe the perman~:. sttUc:turesp ble.cher~ parking lorr . . '. . toilet' !ad1i.tl.... fences; (&hts'r poles and. unplanted/unsodded areu (excepC' the baseball. diamonc1l) anet irriÎatlon systém_ "- rn the event th,t Lessee or any peno" a<:ting under the authority of Lesse~ herein shall damage an~ of th. above-mentioned common areasr excluding ordinary wear and tear. L~see shalL repair S\.Ich damage or replace such, if necessary, at Lessee's cou, . within a reasonable-period of time not to exceed ninety (90) days.. 3.a~ !.essee- shall ber responsible for providinS and maint&ining the mowers and reIated equipment: necessary for the maintenance of the fIelds as above-set forth. This machinery may bl!" stored at: ther Lessor's storage facillty or ölt such other storage facil¡ ty a$ Lessor' shalL provider for" this purpose-_ . . .' .'.. . 7'. ., '''I . cc;~ MEMORANDUM TO: Lula Butler, Community Improvement Director FROM: Richard Bauer, Code Enforcement Administrator ~ SUBJECT: GELCO VIOLATIONS DATE: October 31, 1991 I spoke to Mr. Jerome Brown, GELCO'S local manager, at their business office on North Congress Avenue at 2:00 P.M. on October 30, 1991. I advised Mr. Brown that the city Commission decided not to award GELCO a contract based on continuing code violations. I advised Mr. Brown that he should consider showing some good faith to comply with City codes by removing some of the trailers from the parcel to the south (and cease performing outside repairs on said tract, a situation we just - discovered) . In all likelihood, GELCO moved trailers onto the southerly adjoining property out of ignorance of City codes. I write the aforementioned because almost immediately after we cited GELCO, members of their management team were in my office wanting to know how to resolve the problem. I also write the aforementioned because GELCO rapidly retained Digby Bridges to prepare a site plan to encompass the overall site. There is very little that GELCO could do in the next 24 or 48 hQurs to resolve the situation. It takes time to move modular trailers and there is not much space left at their "authorized" location. There seems to be some confusion as to our actions on the - GELCO issue. In October~ 1989, a Code Enforcement Officer cited property owner Sendzimir and lessee Ellison for storage of materials and trailers on a parcel south of the I authorized GELCOlocation. The trailers cited were "GELCO" trailers but were not put there by GELCO. The trailers were used as construction trailers during the Congress Avenue Project, purchased by Ellison and put on Sendzimir's property. This matter has dragged on because the Code Officer had a quadruple by-pa~s operation, the property owner Sendzimir died, and the lessee Ellison suffered a stroke. However, this issue has nothing to do with Gelco's expansion. c;p/ :l.. ." LULA BUTLER OCTOBER 31, 1991 PAGE TWO I am attaching three Code Enforcement Board Orders with explanation: 1. Case Number CEB 91-6812 pertains to the authorized GELCO location. They have 120 days from August 28, 1991 to submit a revised site plan or confine operations to the authorized site. 2. Case Number CEB 91-6811 pertains to the lot on which GELCO expanded (to the south). They have 60 days from September 7, 1991 (Note: CEB Order was incorrectly dated August 7 instead of September 7) to remove the outside stored materials and 4 months to get site plan approval. 3. Case Number CEB 89-3817 pertains to a parcel south of the parcel where GELCO expanded. This order is self explanatory and does not pertain to the GELCO - -- expansion. As I noted above, GELCO retained Digby Bridges to do the site plan work. Mr. Bridges was also retained by Ellison to perform site plan work on the Sendzimir property. Mr. Bridges is petitioning the CEB to permit more time for the site plan work. Finally, at the Code Enforcement Board Hearing of October 22, 1991, the Code Enforcement Board decided that cases 91-6811 and 91-6812 should run concurrently and expire on December 28, 1991. - To put things in perspective, we have been dealing with numerous parties:with an int.erest in the properties involved. The authorized GELCO site is owned by Clarence Wolf Tr., leased to GELCO¡ the property where GELCO expanded is owned by the Sendzim~r estate in Massachusetts and represented locally by Attorney Arline and leased to Ellison represented by Attorney Kreidler and subleased to GELCO¡ the \ last parcel is owned by Sendzimir estate and leased to Ellison. Due to Mr. Ellison's poor health, he turned control of his leased properties over to his son Scott who is represented by Attorney Stewart. rb/mh '",' '" - pa~ ~;:' - ~.': -""." ,-,......,~. .-.. J BUDGIT PRlPwnœ IMPDn . JpœAIID 1/%5/91. 15:06:» pROOlAll GII6016L PCI PISCAL YIAI 1992 ACCOOITIIG PIRIOO 10/91 iCITf or OWl BIACI. MIDA J.--.....-.-.---------.-----~---------------.-.---.-..-.-....--.---.------------------.---.---..-.--------.-----.---.-.-----...----.- FUND 001 cMIAL lUll) ACCOUNT 1989 1990 1991 1991 -------.- 199% DBPARTMIIT R!QUIST --------- ACT ELK OBJ DESCRIPTION AC'MJAL AC'MJAL TO DATI PROJICTID LEYBL 1 LEVIt % LEVIt 3 LEVIt 4 -.------.------------------------------------------------------------------------------------------------------------~--------------- DEPT 63 GRAm ~DIV 11 M1 SCRtLAIIBOUS GRANTS ,¡ 80-02 ClAMBER COMM/Br.ON DmL 0 {) .00 .... ..... .......... .......... 20000 20000 · 80·19 AID VICTIM DOMIS ASSAULT 15000 15000 30000.00 15000 12750 15000 25000 25000 ,¡ TOTAL GRANTS AMP AIDS 15000 15000 30000.00 15000 12750 15000 45000 45000 ~ 0/ TOTAL GRAm AND AIDS 0 0 24000.00 0 0 0 0 0 · 562·80·04 MAl YOLD SmOR CDTII 0 3000 3000.00 3000 2550 3000 5000 5000 · 80-09 PAIIILI RlIRLOIJI 11IC 0 0 .00 2500 .......... .......... .......... .......... , 80-11- DROO AlUS! 20000 20000 20000.00 20000 17000 20000 25000 25000 · 80· It ¡OSPICI BY m SIA 10000 7500 7500.00- 7500 6375 7500 16870 16870 , - · 80-15 PLORIII:I PULLHR CIILD DIY 74009 37208 .00 37208 27625 32500 38660 38660 80·17 DIAl SllVICI CBmI 4000 4000 4000.00 4000 3480 4000 6000 6000 , 80-26 ALmIIIII'S DtSlASl 0 1000 1000.00 1000 8SO 1000 10000 10000 80-27 CIILD CARl CIIITIR 0 40000 30000.00 30000 25500 30000 32500 32500 , TOTAL GRAITS AIID AIDS 10800CJ 112708 50500.00 105208 83380 98000 134030 134030 I 90-98 ALLOIŒI PCI GRAm 0 0 .00 .......... .......... .......... 12290 122C!O MAL IUHlmnlG 0 0 .00 0 0 0 12290 12290 r TOTAL GRAm AI) AIDS 0 0 .00 0 0 0 0 0 80·87 TO IOOSIIG AU'1'DItr 0 40000 .00 .......... .......... .......... ..ò....... .......... TOTAL GUlfS 111» AIDS ' 0 40000 .00 0 0 0 0 0 ~IV 11 TOTAL IlISCILLAllOOS GUm 123009 167701 104500.00 120ZOl 96130 113000 1'1320 191320 2llt ~S/l ." '" . ·PRlPAIID 7/25/91. 15:06:36 BUDGIT PRlPwnœ amm p~ l~ ipROOIAII GM6016L ltW fiSCAL !!AI 1991 ACCOOIfII:; PDroo 10/~1 CIn or DIW! BIACI. MIDA r-' ------------------------------------------------------------------------------------------------------------------------------..---. PUIID 001 GllllRAL F~ I - ACCOUNT 1989 1990 1991 1991 --.------ 1992 DBPAITMIIT RIQUIST ----.---- ACT BLB OBJ DESCRIPTION ACTUAL ACTUAL TO DAT! PROJBCTID LmL'l LmL 2 LmL 3 LML ~ - ------------------------------------------------------------------------------------------------------------------------------------ DIPT 63 GRANTS - DIY 12 OLD SCHOOL SQUARE -- 579-80·13 OLD SCRoot SQUAD 0 0 120000.00 120000 102000 120000 122570 122570 -- TOTAL GRANTS AND AIDS 0 0 120000.00 120000 102000 120000 122570 122570 - -~- DIY 12 TOTAL OLD SCHOOL SQUW 0 0 120000. 00 17,0000 102000 120000 122570 122570 -- ~-- - - -- - - -. - - - - - - - - - - - - -- - ~ --- - - ~ - - -. 235 - .. _.1 JL,,,, ......----...' - · · PÍlPAIID 1/25/91. 15:06:36 BUDGIT PRlPW'fI(If DKSDIf PACI 109 PROOIAII GM6016L ~ PI SCAL !!AI 19CJZ ACCootmNG PBllOO 10/91 · Clf! or DILDY BIAC.. FLORIDA ----.----.------------------------------------------------------------------.------------------------------------------------------- · FUND 001 GmRAL FUNØ ACCOUNT 1989 1990 1991 1991 ---...... 1992 DBPARTMINT RBQUiST --------- ACT ELI OBJ DESCRIPTION ACTUAL ACTUAL TO DATI PROJICTID LEVIt 1 LEVlL 2 LEVIt 3 LEVEL 4 · ------------------------------------------------------------------------------------------------------------------------------------ DEPT 63 GRANTS DIY 15 LIBRARY 511·80·16 AID TO LIBRARY 375319 398$95 3%000.00 432000 367200 432000 466560 466560 TOTAL GRANTS AND AIDS 375319 39~ 396000.00 432000 367200 432000 466560 466560 DIY 15 TOTAL LIBRARY 375319 398895 396000.00 432000 367200 4~2ooo 466560 466560 om 63 TOTAL GRANTS 498328 566603 620500.00 672208 565330 665000 780450 780450 .. I 216 I .'-t- ,'" - :-,'-:\/1'1- C IT Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER ~~ ~W L' rj~ FROM: VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: WORK SESSION MEETING OF NOVEMBER 5, 1991 NOTICING OF LAND USE, LDR, AND PLAN CONSIDERATIONS ITEM BEFORE THE COMMISSION: Upon a criticism about a potential failure* to notice tenants and property owners along N.E. 1st Street at the time of consideration of a "waiver to code requirements" affecting backing into the right-of-way at Veteran's Park, the City Commission directed that a review of "notice requirements" be placed before them in a workshop setting: ( *) Courtesy notices were provided to property owners and interested groups, notices were not provided to renters; no formal notice requirement existed for consideration of a waiver of regulations. Attached is information about our current procedures and administrative rules. These items will be reviewed by the Director and then direction should be provided by the City Commission. BACKGROUND: The subject of "notice" comes up every so often. In general, the City of Delray Beach provides greater notice of land use related items than do other communities. However, it is appropriate to review the "system" periodically to see if changes should be made. In considering changes, thought needs to be given to use of: * human resources (manhour allocations); * direct dollar cost (expenditure from the general fund); * impact upon the processing sequence (timing, delays, etc.); * impact of a "failure to notice" once notice is required by adopted regulations; * overall cost/benefit. o.)s I';).. ., '" - City Commission Documentation Noticing of Land Use, LDR, and Plan Considerations Page 2 During the past fiscal year, the following statistics pertain to the issue of noticing: * ~ndividual public notices (letters) mailed 8,810 * special courtesy notices mailed 375 * cost of mailings $ 2,626 * cost of supplies for City initiated items $ 835 * number of newspaper notices 31 * cost of newspaper notices $ 4,610 The first exhibit which is attached is that of Section 2.4.2, Notice Requirements, as contained in the LDRs. It is the "rule" by which we function. In general the "rule" is that property owners received notice of public hearing items; renters receive no notice except in very unusual circumstances where we might deliver a notice to a management agency. Variance items require adjacent owner notification. Waivers, primarily because of the wide range of items for which a waiver may be sought, do not require public notice. In considering whether or not to have additional notice, one must weigh the increase of the bureaucracy associated with more notice and the timing which is required. In one instance we are being challenged to process more swiftly, while in others we are asked to provide "adequate" notification. The second exhibit, is an accounting of the land use items which have been before the City over the past year and the type, amount, and expense of the notice provided. The third exhibit shows the type of newspaper ads which are used. The Director of Planning will address the various types of land use considerations and the type of notice which is given for each at the meeting. DIRECTION: If changes to the current system are desired, direction should be given accordingly. Otherwise, the system will continue in its present form. DJK/#87/CCNOTICE.TXT ....,.! '11-' - EXHIBIT I Section 2.4.2 Section 2.4.2 Notice Requirements: The City Commission, the Planning and Zoning Board, and other Boards which are involved with the implementation of these Land Development Regulations shall conduct meetings and shall provide public notice of their tentative actions pursuant to this Section. (A) Public Meetinq Requirements: The meetings of all Boards established in Article 2.2 shall be open to the public. ( 1) Notice and Aqenda Required: An agenda shall be established for every meeting of each Board. The agenda shall be posted in the main lobby of the Development Services Wing of City Hall at least five (5) working days prior to a regular meeting. The agenda for a special meeting shall be so posted at least twenty-four (24) hours prior. A Board shall only consider items which have been duly placed upon a posted agenda with the exception of items which are deemed as an emergency and which are added to an agenda by a majority of the Board members. (2 ) Public Information: Any background material or documentation which is provided to Board Members shall be available for public inspection at the Development Services .Wing of City Hall at least twenty-four (24) hours prior to the start of the meeting at which it is to be considered. (3 ) Discussion and Disclosure: Board Members shall conduct themselves in accordance with the "Sunshine Laws" of the State of Florida with respect to discussion of items before the Board and to disclosure of conflicts of interest. (B) Public Hearinq Requirements: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City Commission procedures. ( 1) Notice: All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. (a) Annexations: The same procedures as are used for noticing a rezoning shall apply to an annexation with respect to notice before the Planning and Zoning Board. However at the City Commission level, the additional notice requirements shall be made: 2403 .'. ",-, - Section 2.4.2 (B) ( i) After first reading- of the ena.cting ordinance, a notice shall be published once a week for four consecutive weeks. The notice shall provide the ordinance number, a brief description of the land to be annexed, a map clearly showing the area, and a statement that the complete legal description and ordinance may- be obtained from the Office of the City Clerk (Charter 2.03, Note) (ii) The enacting ordinance must state that the boundaries of the City of Delray Beach are redefined so as to include the tract or tracts of ' land so being annexed. [Charter 2.03(c)] (iii) The enacting ordinance shall be published in full, at least one time, between first and second reading [Charter 2.03(b)] . (b) Rezoning of less than 5' of total land area of the City: The owner(s) of all property located within five hundred feet (500') of the perimeter òf the property to be rezoned shall be notified of the proposed rezoning by letter postmarked at least ten (10) calendar days prior to the public hearing held before the Planning and Zoning Board. (c) Rezoning of more than 5' of total land area of the City: There need not be letter notice to property owners. Notice shall be made pursuant to F.S. 166.041(3)(c)2 with one hearing held before the Planning and Zoning Board and that hearing noticed in accordance with said section. (d) City Initiated Rezoning: In rezonings of less than 5' of the total land area of the City that are initiated by the City, a letter notice shall be mailed to the owner of the property to be considered for rezoning. The letter shall be postmarked at least thirty (30) days prior to the public hearing held before the City Commission. This notice is in addition to that required by (B)(l)(b). 2404 II'-! · Section 2.4.2 (B) (e) Conditional Uses: Notice shall be provided in the same manner as in Section 2.4.2(B) (1) (b). In addition, a public notice shall be published in the legal section of a newspaper and shall appear at least ten (10) days prior to the hearing before the Planning' and Zoning Board. ( f) Variances before the Board of Adjustment: Notice shall be provided by mail in the same manner as in Section 2.4.2(B)(I)(b). (g) Variances before the Historic Preservation Board: Notice shall be provided by mail in the same manner as in Subsection 2.4.2(B)(1)(b). (.h) Amendments to the Comprehensive Plan: Notice requirements pursuant to F.S. Chapter 163 shall apply. In addition, notice for proposed changes to the Future Land Use Map shall be notice in the same manner as_ in Section 2.4.2(B)(1)(b) and (d) , as appropriate. (i) Other Public Hearings: All other public hearings required in the implementation or amendment of these Land Development Regulations shall be advertised in the legal section of a newspaper at least ten (10) days prior to the hearing. ( j ) Concurrent Notice: When it is necessary to provide a letter notice of a public hearing for multiplé hearings before one or more bodies, said notice may be combined within a single letter. (k) Form of Notice: Any notice for a public hearing, whether advertisement or letter, shall, at a minimum, contain the following: * Date of the public hearing * Purpose of the public hearing * Location of the property which is the subject of the hearing * Identification of the location of information about the subject of the public hearing 2405 ''''I '" - Section 2.4.2 (B) ( I) Newspaper Preference: There is no legislative preference pertaining to the publication of required notices provided that the newspaper is published at least five days per week. (m) Establishment of Mailinq List: Whenever notice is to be provided by a letter, the owners of property to be notified shall be considered to be those recorded on the latest official county tax roll. A list of such owners along with their mailing addresses shall be provided as a part of the development application and shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, the list is complete and accurate. The list shall be accompanied by a drawing showing all property lying within five hundred feet (500' ) of the property under consideration, and mailing labels that would include the property pwners name and mailing address~s. (n) Chanqe in Project: During the course of processing, a development request, which requires public hearing notice, may be changed by the applicant without requiring renotice, provided that: * The chànge is not to a new zoning designation which is deemed as to accommodate more intensive use; or * The change does not allow the introduction of a new type of use or another use which, in and of itself, is subject to a public hearing. (2 ) Conduct: The general conduct of a public hearing shall be in accordance with the following provisions. (a) Format: The following format shall be used; however, variations may be imposed by the Chairperson in special. circumstances. * Identification of item by the Chairperson * Presentation by staff * Presentation by the applicant or agent * Opening of the Public Hearing and taking of testimony from the general public * Acceptance of final comments from the applicant or agent * Closing of the Public Hearing. 2406 ." '" Section 2.4.2 (C) (b) Representation: Any party with an interest in the matter subject to a public hearing has a right to speak and be heard either in person or by representation by an agent or attorney. The length of time allowed for such presentations may be limited by the Chairperson. Board Members have the right to question any person providing testimony either during or after the public hearing. (C) Notice to External Aqencies and Citizen Groups: Notice of receipt of a development application shall be made to affected and int.erested groups as identified in this Subsection (C) . Notice shall be provided in sufficient time to allow for review and comment prior to action. Upon request, a representative of the Planning Department shall appear before such groups to provide information about the application. ( 1) City Boards: City Boards shall be noticed as follows: (a) Downtown Development Authority: notice of all development applications within its geographic limits. (b) Community Redevelopment Aqency: notice of all development applications within its geographic limits. (c) Historic Preservation Board: All development applications which involve property located within a Historic District or on a designated Historic Site and which are not acted upon by the Historic Preservation Board shall be referred to that Board in a timely manner so that a recommendation may be made prior to action by others on the application. (2 ) Other Entities: Other governmental and regulatory bodies shall be noticed as follows: (a) Utility Companies: Utility providers for gas, electricity, telephone, cable television, etc shall be notified of the submission of a site plan or plat. (b) Adjacent Units of Government: Whenever a development application involves land use review or implements a development activity proposed within the Comprehensive Plan and it is located within one-quarter (1/4) mile of the boundary of an adjacent unit of government, notice shall be provided pursuant to that unit of government (IGeE A-1.7). 2407 ." Section 2.4.2 (C) (c) Florida Department of Transportation ( FOOT) : Whenever a site plan involves property adjacent to a thoroughfare maintained by FDOT, FDOT shall be notified upon receipt of the development application and FDOT approval of any required improvements or connections to the thoroughfare shall be required prior to approval of a final plat or final engineering plans when a plat is not required. (d) Palm Beach County Traffic Division: Whenever a site plan involves property adjacent to a thoroughfare maintained by Palm Beach County, its Traffic Division shall be notified upon receipt of the development application and its approval of any improvements or connections to the thoroughfare shall be required prior to approval of a final plat or final engineering plans when a plat is not required. In addition, whenever a proposed project will generate average daily traffic in excess of 500 trips, the required Traffic Study shall be forwarded to the County Engineer for review and comment prior to any consideration, by the approving body, of the associated development application. (e) Lake Worth Drainaqe District (LWDD) : Whenever a proposed project is adjacent to LWDD facilities, the District shall be notified upon receipt of the development application for comments as to impact upon its facilities. (3 ) Neiqhborhood Groups: The Planning Division shall maintain a list of neighborhood groups which are desirous of receiving notice of development applications that require action by the Planning and Zoning Board, the Site Plan Review and Appearance Board, or the Historic Preservation Board. To be on the list, a neighborhood group must provide the name and address of a contact person; identification of the group; the types of items it wishes to be notified of; and the its geographic area of interest. The Planning Division shall notify such groups of appropriate development applications once such applications are set on a Board's agenda. 2408 ~"I '" ~ (') H en ~ Ii "Ø >< ~ ~ª 1-1 0 ,,~ ~ "J ~~ ~ -- - ~ ~~ Ö \D i tI:I 0 tI:IH ....... "J H t"1 \D 'tIH ~ Þ-' ~~ " 1-1 Ii Ö )I liH ~ ii >< I en~ tJ c: H tI:I i )I (') == ~ ::r:: H tJ:: H 0-3 H H ..'+ 1" ·en I n en n g:'= c.1 ::c ni "0 n:tl ~ nz ::.. æ 11 · 0 rl'CÐ I~ .... o .... Ë~ .... ~ tI:I III III III ; ~~ ~. HI · III ")I rl'fII ~ 11 HI "0 ~ rI' >CrI' .... ~ 11 0 .... 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H "3 0 ¡o.,,¡ I W 0 00 w w ~~ 00 00 ¡o.,,¡ 0 ~ ¡o.,,¡ N I ~""~~~~ 1 I I 1 <en~o 1 I 1 1 "dOH He:: 1 I I 1 t"4enHÞ03H I~~~~ "d I ã1 , I ~ ~ tr.I I I -..J ~I" §~~~~i~~a > c/<:lnt:"1g~C/n K~ ~ 0 ~ ~ ~·o t:"1 i'1m=,=, toIIr1'=' ~. r1' n Q. ~ 0 ~ Q. trJ ~. ~ ~ ~ X =' ~. (j) < =' i'1 'Ø c: ~ ~. ~ r1' ~·n r1'mr1'='....~· m ~ ~ ~ ~'IQ ~ 0 trJ ~·....1tI 0 ~=' 2: 0 ~ .... ~ =' ~ =' ='~.... .... =' ~ t: ~ :I =' c: .... 8. m ~ :; ¡ ~ r1' ~. i n ~ r1' ~. .=, 0 r1' =' g 8 ~~n ItI C/ 8 g ã ~ .. C/ trJ ÞOi ÞOi I;2:ÞOi t:"1 n §~~ H H 0 ~ n ~ '"2 ~ ~ ~ÞOi ~ 8 H ~~ H å t:"1 n n ~ H H:Ø 1;2: ~ ~ ~~ C/ C/ ~ ~ t< HC/ ~ 2: H i S~ t:"1 ~ H ~~ n 1;2: ÞOi C/ "'3 H C/ t:"1 ~ 0 I H ~ H ÞOi t:"1 ~ > t:"1 C/ .. .. .. "" r-J . .. Ø\ Ø\ 00 .... r-J \.oJ \.oJ Ø\ U1 . . . U1 Ø\ "" \D 0 \.oJ 00 "tI .. ~ 00 \.oJ .... -..I trJ 0 U1 00 ." ,,-, . EXHIBIT III . . -I ..--- ........... ''':;'1 ;... . AtItcIt UJCI/OUtI II! I : ~ :-::'..::-:- .: I '**' ...... !till .. I'tonoIot .- SAMPLE: løWIt ...... " lilt City " 00trIW _ FIorIdl. . Uc¡ ,....... AiIIICY. will C_ I _ lor LEGAL NOTICE conIiIICNI "'f _II lor ___ 01 '-'..tóI_: A ll'1Y1toIy _Id ....óllcll " IIIN lilt "'l1li1"'..... " I ....i<1t _ I. co;ty II lilt .1iSt;", AInoco GItoIiIIO SIItiOft. TIIo MIlICI Pf-'Y iI _ GC I_II Com_till) .... ~ .. elM II tilt _1St "'"*' " _ AliMlltc A_...., UI.IIII A_ ($53.00 A NllIe _inI .. tilt "--' '"'" est.) d_ .. .iN Þo IIotd .. ..... .....11, I.. II 7:. PAl. ift lilt C;ty eom.._ CIII~ II !III CitY HIli. 1111 N.W. Is! A_. DtlrIY _ FIorICll. for lilt ,..,. II .. ctlYinI....Ie__. TIIo _...... II'-' ..., Þo .. tpOCIIf II tilt Pllminl DoporImIIII 0HIc0. City HIli. 100 N.W. 111 A_ DtlrIY _ Floricll _ -: 4D7n4-IM. _ tilt IIoun II I:. A.M. .... 1:111 P.M. .. -,. 1.lClucIint IIIIICIIYI), All _..ttd port. III IItnOy _ 11Id1l_1I..1d_....ift,.. III ... ÞY _illd __. " btllttr1l..IIIY""";_...~· lit$. PLEASE IE ADVISED THAT IF A PEInDII DECIDES TO APPEAL AN'" DECISION MADE IT THI PlANNING AND ZONING IOAIO WITH AESPECT TO ANT MAnn CON$IDEAED AT THIS HEAAIINI. SUCH PU~IIS WIll NIED A :':fA~NDOF FO~HE:~IS P~~':: I SUCH PEA~NS MAT NEED TO EJIo : SUAE THAT A VEAIATlM AECDAD OF THE PADCEED'NGS 15 MADE. WHICH AECOAD INCLUDES THI , ~~~~~JE A~~DE~E I~:: I . THE Cm' DOE! NOT ,.OVIDE DIi , PurlÙlrllII ,.. V.. at .. ~"';¡¡~.'1:rJ" PAEPAU SUCH AECOID. _ IIFS...I.. ,.., naIIIIct II1II "':;:*.1- ~ III lit CITT OF DELAAT IEACK cay at 0:1. 8tM:lI. f1oridI. 0IIftIIdIr . II tIIII AI.... __ HIrIy IOItion at Camp""'..... PIa wticIt conIIiII !III City C.... 5-Y_ CIIiIIIInII~ ScIIIduII.,' .. . SAMPLE: PUII.I5H: _10. "" A PubIc IWtng on thiI _ .. III held Oft !!!!!!!!L' THI NEWS 0cI0IIIr 21~ 1881. It 7:00 P.M.. in !III City Coriiñiìiiiiñ DISPLAY loci A_or,...,.... _ ADl1I55II L1II/I1DIII l1li CIty HII. 100 N.W. 1. A_. Deny . BacII. FIoridI, for .. ~ of rec:eMng public comment. The pn:IpOIId 5- Y_ CapitalIInInMmeIII Schedule may be ~ It" Pllnning Deplltmlnt OffIce. City Hal. 100 N. . 1. Avenue. DeIrIy Belch, Florida 3:1444, Phone: 407/ 243-7040, '*-' .. hours at 8:00 A.M. and 5:00 P.M. Oft WMkdayI (excluding hoIidayI). ($105.28) AI inIIrI*d )I/tIII lie hereby notitIecI 10 appear It laid IIMring. in petIOlI or by IUIhorizIc ~latMo II be MInI Oft anr IUd! ÎIIIUII or IIOIII1ieI. PlEASE Be ADVISED THAT IF A PERSON DECIDES TO APPEAL N4Y DECISIONS MADE BY nœ PlANNING AND ZONING IIOAAO WITH RESPECT TO ANY MATTER CONSlŒÆD AT THIS HEMING. SUCH PERSON WlL1. NEED A RECOfI) OF ntESE PROCEEDINGS. AND FOR THIS PURPOSE SUCH PERSONS MAY NEED TO ENSURE THAT A VEAlATIM RECORD OF mE PROCEEDING IS MADE. WHICH RECORD INClUDES nœ TESTIMONY AND EVIDENCE UPON WHICH THE APPEAl. IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. PuIIuant II F.S. 288.0105. CITY OF DElRAY BEACH Allton MICGIIgOf Hilly CltyC1M PUILIIH: 1'111 ..... ~/IopIoII ft21521 'ill'" ,It 1 -. NOTICE OF PUBLIC H~ARING CITY OF DELRA Y BEACH COMPREHENSIVE PLAN AMENDMENT #91·1 ORDINANCE NO. 68·91 AND OR~INANCE NO. 74·91 . The City Commission of the City of Delray Beach, Florida, will be considering Comprehensive Plan Amendment #91·1 which consists of amendments to the goals, objectives and policies of the individual elements based upon an assessment of tasks accomplished, availability of resources, and new information. It also includes changes to the Future Land Use Map. The subject matter of TEXT AMENDMENTS addresses: · Determinations re water supply · maintenance of beachfront property · LOS modifications for the street system · changes resulting from the adopted Local Development Regulations · other items of a technical and update nature. ~ Areas of the City affected by and use MAP changes are shown on the accompanyin8 map and keyed by number. For information about a specific area or parcel, please contact the Planning epartment. . DELRÂY BEACH. F'LORIDA .....- I .. I 0 ...1\"AIIIII AWIIIIII 0 I .. .. I . I I . I u~ .... ... I(!) - ---- I SAMPLE: GREATER THAN I ONE-QUARTER PAGE AD \-. CMIL N - ($592.20) PROJECT NAME ACTION (1) Marina Cay: From: Medium Density Residential 5-12 du/acre with Lar~e Scale Mixed Use Overlay To: Me ium Denisty Residential 5-12 du/acre with a two acre commercial component (Large Scale Mixed Use Overlay) (2) Gwynn: From: Medium Density Residential 5-12 du/acre To: Transitional . (3) Del Ida Park & From: Low Density Residential 0-5 du/acre Dell Park g»0rtions of): To: Transitional (4) Id School Square From: Various [General Commercial, Historic Arts Redevelopment Area '1, Communi~ District: Facilities b'P" Public Buildings), ransitional, Medium ensity Residentia\ 5·12 du/acre, Commercial Core] To: Other Mixed Use (5) Fire Station '1: From: Redevelopment Area '1 To: Community Facilities ("P" Public Buildings) (6) Old Harbor Office From: General Commercial Centre: To: Transitional (7) J·95 Conservation From: Recreation and Open Space (with Parcel (Vaugn): Conservation Restriction) To: Recreation and Open Space (deleting the Conservation Restriction) (8) 1·95 Conservation From: Recreation and Open Space (with Parcel (Palm Beach Conservåtion Restriction) County): To: Recreation and Open Space (deleting the ~n"""ð"'~!i('\,", Oa<:'...;......~ . \~, ....0"....' I v'lt, "'V. lit" from: Transitional Phase II: . To: General Commercial in part, and Recreation and Open Space in part The City Commission will conduct a Public Hearing on Tuesday, October 8,1991, at 7:00 P.M., in the City Commission'Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting, the City Commission -will consider public testimony. All interested citizens are invned to attend these public hearings and comment upon the Plan Amendment or submn their comments in writing to the Planning Department. Copies of the pro~sed amendments to the Comprehensive Plan are available at the DelraÓ Beach Planning and Zoning epartment, City Hall, 100 N.W. 1st Avenue (phone: 243-7040) and at the elray Beach Public Library, 29 S.E. 4th Avenue. PLEASE BE ADVISED THAT IF A PERSON(S) DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON{Sá WILL NEED A RE:CORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON( ~ MAY NEED .TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, W ICH RECORD INCLUDES THE TESTIMONY AND' EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. PUBLISH: CITY OF DELRA Y BEACH The News Alison MacGregor Harty ~oca Raton/Delray Beach/Boynton r:¡,· r'".i,- ..1 SAMPLE: ONE-QUARTER \0 "'0...;"" ~~¡\. PAGE AD ~ ~,\.Q..) ($397.32) '1:> a ~\o~ ~......c.9- CITY OF DELRA V BE, .... . NOTICE OF PERMITTED USE CHANGE ORDINANCE NO. 54-91 The City of Delray Beach proposes to change the permitted use of land within the area shown in the map in this advertisement. The proposed change is as follows: (1 ) Amending sections 4.4.9; 4.4.12; and 4.4.13 of the Land Development Regulations by adding "Bazaars" and "Markets" to the list of Conditional Uses in the General Commercial District, Planned Commercial District and Central Business District. (2) Amending Section 1.4.5 (Appendix A) of the Land Development Regulations to provide definitions for "Bazaars", "Mini·Mart", "Market" and "Flea Market". (3) Amending Section 4.3.3 of the land Development Regulation to add "Market. Special Types", to the list of Special Requirements for Special Uses. . ZONING DISTRICT MAP '.'... OELRAY BEACH, FLORIDA .,.... ,. PMHJlllO.. "'. MLAAY KIOI JII\..AIHMI DINdI'hIIIn' I' ~~ I ZOOtIHG OIsntocrs .,nCTEII: . e.- - CÞtIM ..._ ..,., . tc - ....... dIIM.... ."" -~~..... The City Commission will conduct Public Hearings on the proposed changes on August 27, 1991, and on September 10,1991, at 7:00 P.M., in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, for the purpose of receiving public comment. All interested citizens are invited to attend this public hearing and comment upon the proposed permitted use change. The proposal may be inspected at the Planning Depart· ment Office, City Hall, 407/243-7040, betweeen the hours of 8:00 A.M. and 5:00 P.M., on weekday~ (excll'rii!1r "'~\irl"""~ Please be advised that if a person(s) decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such per· son(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record of the proceedings is made, which record in· eludes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. PUBLISH: CITY OF DELRA Y BEACH I'\II~on rJlac.;uregor Harty Delray Beach News City Clerk August 21, 1991 September 5, 1991 Ad#321456 'III ~ ~ ~ ..c ¡:I. .......tI1 8!Q~ ~ OH ~ I~~ tI1t11 <to;! 0 0 ~~ HH 0 0 g¡~tlJg~ HtI1tIJ o ~~a: U:Z:Z 0 é.... 111 111 1,.dQ} ~~ ~E-4~ !1.1 ~ tH~i ~ (JI/:>' OI~.¡J H~ ~ .,..¡ ~~~~ 0 0 0 0,.d!l.1U U(J~ > 0 ~..-t HO* ....>Ln .- é ~ tI1 !1.1 0 ~ (J~ .,..¡ é U >0 .¡J 0 tI1~[j~ ..-t ~ ~ .,..¡ 0* .¡J >Ln é ~ i~~~ é 'tI 0 (J H~ Q (J .,..¡ 01 tI1 ,.¡ .¡J 111 I (J~"" Z .,..¡ ~ ~ ..-t ~ .-t N I 01 111 j 111 tI1HZtIJ I ~ é (J ~ .., 01 HQOZ III"¡~ ~ ....... ~ E-t~HH ,.d(J tIJ ~ - ~~~i U.¡J 111:>' ~ ~(J.¡J H ,.¡.,..¡ ...:¡ ....tlJU I 0 I ~ N I I I I I I I I I I I I I ~ I I I I tI1 I I I I ~ ~ I I I I tI1 H ~ 2 I I I I I I I I I I I I U ~ ~ 0 0 0 0 0 0 0 0 .... I/ c: ~ 111 ~ ~ ~ø. ,.d H (J~ !I.1U ~ .¡J > é..-t .,..¡ (J ~~ !1.1 !1.1 !1.1 c: f&¡ C:~.¡J 0 0 (J c: .,..¡ g é é ..c:'tI~ .¡J !~ ~ (J c: 111 .,..¡ ~ ,.¡ 111 >< é ø.~ c: ~ 0 ~~ ~,.¡! toil uo : '" N r:.:I ~ ~ ...tf. Qtf.Z: 8210 ~ Ol-t ~ æ~~ tf.tf.i ~ 0 0 0 0 0 0 0 ~r:.:I I-tl-t 0 0 ~~~d~~ 8z~~~ ~~ ~~~I I ~i I I I I I 0 0 I I I 0 I I I I I I I I I ~:z¡~ -- ~ tJ ~~~ tf. :z¡ i~~~ I I I I I I I N N I I I I I I I tf.1-t~t!1 I I I I I I I I-tQ :z¡ ~:~~ . 5!~~~ ~ I I I I I I I I 0 I I I 0 I I I I I I I I I I tf. I I I I I I I I ~ I 0 I I I I I I I I I I I I I I I I-t ¡ 2- I I I I I I I I tJ I , I I 0 I , I I I I I I I I I I-t ~ § ~ I I I I I I I ø.. <.J 0 0 I I I I I I I ø.. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -- &:: III ~ r-4 QI ø.. I-t tII ~ t: = QI S -- £: tII ~ ...¡ < r-4 III ~ ...¡ tII ~ ~ tII ~ ~ r-4 = tf.~ r:..== III ~ ø.. = ~ tII -= -10 ~ 0 0 III G) n:! ...¡ ~ ...¡ ~ r-4 U III ~ tII r:.:I ~ ø. ø.. ] = ~ 0 III ...¡ I. ~ ...¡ QI tII III ...¡ tII Qlr-4r-4 = QI '8 u QI ~ .~ u ::s >QI& ...¡.~ = ~ III III ~ 8o'M ...¡ > ~¡ 0 0 .... r-4 ~ III tf.';5! ~~~ tJ tJ tJ) ø.. > ,"., The following lists the Neighborhood Association and Other Organizations to which courtesy notices are mailed. This is in addition to the required letter notices to individual property owners. NEIGHBORHooD/HOMEOWRER ASSOCIATIONS MAILING LIST ANDOVER DELRAY HARBOR CLUB EAST VIEW BARYON HOUSE CONDO ENVIRONMENTS BASS CREEK FAIRWAYS OF DELRAY BARRTON FOX CHASE BEACH PROPERTIES HAMLET CAPTAIN'S WALK CONDOMINIUMS - (ALSO SEE PELICAN HARBOR) HANOVER CHATEAU WOOD HARBOURS IDE CHATELAINE HIGH POINT COUNTRY MANOR HIGH POINT 7 CROSSWINDS HIGH POINT 5 Master HOMEOWRERS LEAGUE OF CHATELAINE Southwinds of Crosswinds IMPERIAL VILLAS Crosswinds Single Family J.M.D. PROPERTIES Eastwinds of Crosswinds LAGO DELRAY DELAIRE LA HACIENDA DEL IDA NEIGHBORHOOD LAKE IDA DEL PARK LAKEVIEW DELRAY ESTATES LAKEVIEW GREENS DELRAY ESTATES LAVERS DOMAINE DELRAY LINTON WOODS ",' '" NEIGHBORHOOD/HOMEOWNER ASSOCIATIONS MAILING LIST OAKMONT ASSOCIATES ROSEMONT SABAL PINES OLD SCHOOL SQUARE SHADYWooDS HOMEOWNERS PALM VILLAS SHERWOOD PARK CIVIC PINE RIDGE AT DELRAY SOUTHRIDGE PELICAN HARBOR SUDAN PELICAN POINTE CONDO. ASSOCIATION TOWN AND COUNTRY PINEAPPLE GROVE TROPIC BAY PINES OF DELRAY TROPIC HARBOR ASSOCIATION PINES OF DELRAY EAST TROPIC ISLES PINES OF DELRAY NORTH TROPIC PALMS - PINES OF DELRAY WEST TROPIC VIEW RABBIT HOLLOW VILLAS OF RAINBERRY RAINBERRY BAY WooDLAKE RAINBERRY LAKE WEST ATLANTIC PROPERTY OWNERS RAINBERRY WOODS (See Also: Villas of Rainberry) WESTS IDE WOODS OF SOUTHRIDGE OTHER ORGANIZATIONS MAILING LIST BREAKFAST CLUB NORTH FEDERAL HIGHWAY TASK TEAM HARBOR' EDGE NORTHWEST PROPERTY OWNERS LEAGUE OF WOMEN VOTERS UNITED PROPERTY OWNERS DELRAY 'BEACH COUNCIL OF COMMUNITIES PROD DELRAY MERCHANT ASSOCIATION NASSAU HISTORIC DISTRICT 2 ." '" \ MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM. LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: CODE ENFORCEMENT BOARD ACTIVITIES DATE: OCTOBER 31, 1991 ITEM BEFORE THE CITY COMMISSION: - -- Review of current Code Enforcement Board fines and assessments, procedures and current status of activities directed at the overcrowding housing issues. BACKGROUND: Pursuant to Chapter 37 of the City Code of Ordinance, the Code Enforcement Board is established to hear and decide cases involving violations that are not criminal in nature, where a pending or repeated violation of the city's code as they now exist, or may be amended by ordinance from time to time, has been _ committed. The Board has the authority to impose fines not to exceed $250 per day per violation and $500 per day for repeat violations. In cases where the violation has not been corrected, such fines continue to accrue until the violator comes into compliance, or until judgement is rendered to foreclose on a lien filed pursuant to the appropiate code section. The City's Code Enforcement Board hold the position that their main goal is to get compliance. The fines imposed are used to encourage the violator to comply. The Board therefore, will reduce fines once compliance is received to what is called an "administrative fee." Staff surveyed eleven (11) other Cities plus one County to determine how their Code Enforcement Boards function. We found two (2) Cities where the Boards did not reduce board fines. Further research will have to be done to determine if there is an advantage and a better collection rate. We also used the telephone survey to determine how often other boards meet, who prepares board orders, who presents cases, are CEB liens forclosed on and to determine the type of ordinances or code used to control overcrowding of housing units. The result of this .survey is attached for your reference. By memorandum, staff has provided current information regarding Code Enforcement's efforts with overcrowded housing units. The same is made a part of this submission. LB:DQ Attachments C:Code.CC/LCB \4S/~ "";1 * "'d H ~ 0 "<:I t::I þt "'d ~ t::I; t""' t::I; ~ ~ H þt 0 t% H ~ t% 0 ~ 0 Z ~ þt t% <: CI) 0-< (") (") H H ¡;d H H Z t% > H > t% "<:I t% H H t::I; ¡;d t::I "'d H ~ t::I; "'d 0 ~ ~ 0-< t% 0 H t%j t% ~ Z 0 > "'d t%j t""' > ¡;d H (") > ¡;d t::I t::I; (") ::s:: t::I; H 0 ::c ~ (") t% ::c t% ::c Z t% t::I; > t::I; > (") t% (") (") t% (") 0 > ::c 0 > ::c c::: (") . 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"'d >-< ~ o· c:= :;t ~~ - trJ ~Z ~o H"":I <on ~"'d H:;tO :;t enn~ otrJ HtrJtrJ ê"'d ~~ trJ~ Z :;ttrJ H en en ." trJ ~ ~z 0 H"":I n <on >"'d H:;tO en:;t enn~ trJtrJ @~trJ en en ." trJ Z Z H H en ~ 00 z Z 0 >-< z no trJ trJC:= 1:1:1 > "":I en 1:"""0 H:;t >-< trJtrJ trJ zn H en I:""" ." 0 en trJ ~ 0 < trJ H :;t I:""" n >-< :;t 0 ~ § trJ "":I H H Z Z (j) H H H 0 Z ...', M E M 0 RAN DUM TO: Lula Butler, Community Improvement Director ~~ FROM: Richard Bauer, Code Enforcement Administrator v SUBJECT: "OVERCROWDING" - "FAMILY" DATE: October 31, 1991 Since the passage of the new definition of family on January 8 1991, Code Enforcement has received 23 complaints about overcrowding, one of which is still being investigated. So far no violations have been issued. Although most of the "overcrowded" situations are handled on a complaint basis, there were a number of other instances of illegal occupancy handled by Code Enforcement without complaints. . I have not changed any Code Enforcement procedures from the old ordinance to the new ordinance. As you will note from the information gathered from other cities, overcrowding is handled either by utilizing the Standard Housing Code (which is based on square footage per occupant) or some quantity of unrelated people. All the cities we spoke to said it was a very sensitive, difficult issue. Several years ago, the City Commission considered a number of alternatives to define family and to limit occupancy and they opted to formulate a definition and not to limit occupancy by square footage. I remember how sensitive an issue this topic was (and is) . The square footage issue raised the problem of a large family living in a small single family dwelling because that is all they could afford. rb/mh ...'" '" - If /5' C-J~ ~~ [ITY DF DELIAY BEA£H " CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DElRAY DEACH. FLORIDA 33444 FACSIMILE 4071278,4755 Wr~t_r·. D~r_ct L~n_ (407) 243-7081 MEMORANDUM DATE: October 9, 1991 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Ethics Resolution The City Commission at a Workshop Meeting in September requested that our office prepare a modified ethics resolution and indicate the "pros" and "cons" of the revised resolution. In the modified resolution, the requirement for "disclosure before a vote of any conflict that may exist or is reasonably perceived as a conflict" is eliminated. The term "conflict" and its definition are deleted from the resolution. Instead, the resolution states that City officers and employees shall meet the statutory requirements of Florida Statute Chapter 112, Part III, as is already required by law, and, in addition, states it is the policy of the City that its officers and employees ought to avoid the appearance of impropriety. The resolution defines the appearance of impropriety as conduct which seriously undermines the public trust as perceived. by reasQnable impartial observers. The resolution as currently worded does not significantly enlarge the ethics requirements of state law, and provides safeguards against overzealous application. In order for there to be a violation of the policy contained in the resolution there is a requirement that there be a serious undermining of public trust as perceived by reasonable impartial observers. In addition, the policy is stated as a goal rather than a mandate with the elimination of the word "shall" and the substitution of the words "ought to" in Section B of the resolution. Our office listed several concerns to -the previous ethics resolution. The previous resolution had a broad definition of "conflict" and failed to define "appearance of impropriety", ~SJ4 ",' '" Ci~y Commission October 9, 1991 Page 2 which in our office's opinion created an expansion of the state law standards, rendering legitimate behavior open for a charge of conflict'. The current language is much less open for abuse for the reasons described above. our office if you desire to discuss this matter Attachment cc David Harden, City Manager Judge Kendall ethics3.txt - -.......... ." RESOLUTION NO. 41-91 AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, FORMALLY ESTABLISHING ITS POLICY ON ETHICS WHICH PROVIDES FOR COMPLIANCE WITH FLORIDA STATUTES CHAPTER 112, PART II I; PROVIDING THAT IT IS A POLICY OF THE CITY COMMISSION THAT THE APPEARANCE OF IMPROPRIETY OUGHT TO BE AVOIDED IN THE CONDUCT OF OFFICIAL DUTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to formally adopt its long standing policy regarding the ethics of City Employees, members of City Boards, Commissions and Committees and all its City Officials relating to the performance of their officials duties; and, WHEREAS, it has been the policy of the City that all City employees, members of City Boards, Commissions or Committees and all City Officials ought to avoid the appearance of impropriety, and,' WHEREAS, Section 112.326 of the Florida Statutes authorizes municipalities to impose upon its officers additional or more stringent requirements than those specified in the Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: : ~ Section 1. That the City Commission formally establlshes and adopts its policy on ethics which shall read as follows: Ethics A. Public Officers and City Employees, including members of City Boards, Commissions and Committees shall fully comply with Florida Statute Section 112.313 et seq which sets forth the Code of Ethics for Public Officers and Employees. B. It is the policy of this City that its Public Officers, Board and Committee members, and City Employees ought to avoid the appearance of impropriety in the conduct of their official duties. The "appearance of impropriety" is conduct which seriously undermines the public trust, as perceived by reasonable impartial observers. Section 2. That this resolution shall take effect immediate- ly. PASSED AND ADOPTED in regular session on this the ____ day of , 1991. MAY 0 R ATTEST: City Clerk ;I'~ 'III Þ . MEMORANDUM TO: David Harden-City Manager FROM: Joe Weldon-Director of Parks and Recreation SUBJECT: BACKGROUND AND CURRENT STATUS OF THE RELOCATION OF THE TENNIS CENTER DATE: October 31, 1991 For City commission review, the following is a summary of the background and current status of the relocation of the Tennis Center. In 1987 City commission requested that City staff consider the relocation of the Tennis Center to free the present site for downtown development. An appraisal completed in 1987 put a value of $630,000.00 on the tennis site and $970,000.00 for the combined Tennis Center/Fire House #1 site. There had been some discussion to relocate the Tennis Center to the golf course to realize the benefits of a multipurpose recreation facility. City commission established an advisory committee to work with city staff and the architect to determine the feasibility of this relocation and to make recommendations to the renovation of the existing clubhouse. Many ideas and options were discussed with some controversy generated over the possible impact on the golf course. The general consensus of staff, the committee, and the architect was that the golf course did not provide the necessary area to allow for the adequate relocation of the Tennis Center. However, if City commission still wished to relocate, the best location was in the area of the 7th fairway which would necessitate redesign of the 7th hole. The cost estimates were in the range of $600,000.00 for tennis courts, pro shop, maintenance building, etc. , plus acquisition costs of several parcels adjacent to Congress Park South. The clubhouse renovation had a cost estimate of $130,000.00 but recommendations made by the advisory committee increased the cost to $750,000.00 for a total cost in excess of $1 , 250 , 000 . 00 . When presented, City commission decided it did not want to impact on the 7th fairway, which would allow for only 6 to 8 courts. Commission directed staff to determine the actual need for tennis courts and, subsequently, to review other sites for the relocation of the Tennis Center. The analysis of tennis needs indicated a present need of 12 to 14 tennis courts with room for future expansion. Parks and Recreation Department staff began a review of possible tennis court sites by reviewing existing City property to determine if any were large and suitable enough for the Tennis Center relocation. The Publ ic Utility property on Lake Ida just west of I-95 would be suitable in conjunction with property owned by F.P.& L. However, when contacted, Mr.O'Connell of F.P.& L. indicated they were not interested in selling the contiguous property because it was planned for a future sub-station. Some other properties investigated include the golf course; the area behind the shopping center on Congress and Lake Ida; property at S.E. 10th Street and Federal Highway; Lavers International Tennis Center; Cardinal Industries Properties; property across from Isles of De1ray; property at southwest intersection of Linton and S. W. 4th Avenue; IAs/~ '" # . three(3) tracts Barwick Road owned by Takkinen, Beack, and Fleming; <;m Sherwood Golf Course; sewer treatment land; F.I.N.D. parcels; Miller property on Homewood; Lake Ida Park; etc. Some of these a;reas were eliminated because of the price of the property and their size. If we were to expand to twenty (20) tennis courts in the future we need a minimum of five (5) to six (6) acres depending on the shape of the property. In discussions with residents and tennis players, many felt the location of the tennis facility should be East of 1-95. The properties recommended to City commission for relocation include the Beack and Takkinen parcel on Barwick Road, the Fleming parcel on Barwick Road, property across from Isles of Delray on Lake Ida, or Lake Ida Park. City commission directed staff to negotiate an agreement with Palm Beach County for the Lake Ida Park site. City staff negotiated an agreement with Palm Beach County for the construction of sixteen (16) tennis courts with room for four ( 4) additional courts, pro shop, locker rooms, parking, etc. with an estimated budget of $750,000.00. By relocating to Lake Ida, no acquisition costs were involved for the City. The agreement called for a twenty (20) year lease with three (3) additional five (5) year'renewal options for a total of thirty-five (35) years with the same fee charged to both City and County residents.- At the architect's reqUest, a soil analysis was completed by Gold Coast Engineering in November, 1988. In January, 1989 the architect indicated that his revised cost estimate ~as $1,028,800.00, a cost approved by City commission. In March the architect advised that pilings may be necessary for the building which would add about 5% to the project cost. In April the archit~ct indicated that subsoil conditions have a layer of muck and several other soil analysis were completed. Additional reports were received from Nutting Engineers and CH2M Hill with various opinions as to the degree of possible settlement. In May the architect presented six (6) possible solutions that depended on the degree of risk the City was willing to assume for soil settlement. These ranged from adding pilings to light standards, flagpole, practice wall, etc. , for an additional cost of $51,000.00 to demucking the entire site for an additional $750,000.00. The architect recommended we demuck the entire site. This negotiation was done with the County 1.n conjunction with the joint purchase by the City and County of the endangered scrub property. When the soil problems were discovered at the Lake Ida site, Commissioner Brainerd asked us again to look at Lavers International Tennis .Center. Lavers International Tennis Center has been under foreclosure by F.D.I.C. and contact was made with the City by its receiver about the possible acquisition of its recreational facilities. Initially F.D.r.C. indicated that the total recreation facility ( 4'4 tennis courts, clubhouse, conference center, sales office, maintenance building, etc. ) could be leased/purchased for a cost of approximately $2,000,000.00 with F.D.I.C.guaranteeing title within one year. This generated controversy with the condominium association who are also interested 1.n purchasing the recreation package and may have legal interest in the facilities, Various options were discussed concerning partial acquisition by the city, condominium association, and other outside parties. Commissioner Andrews has proposed a plan that includes the acquisition of a portion of property along the eastern boundary line adjacent to Miller Park, This would allow for the relocation of the Tennis Center plus overflow parKing for Miller Park, The Lavers property 1.S being bid by F.D.I.C. in a national auction sale on December 12 in Dallas, Texas. '",' 111 Abou.t this time, there was some discussion of rebuilding the rfennis " :Center at its present site. A preliminary site plan was completed by ì tfte architect, using additional property owned by the City behind the Community Center, that provides for sixteen (16) courts, pro shop, parking and future expansion of four (4) courts with an estimated cost of $916,000.00 plus the cost to acquire two (2) parcels along N.W. 3rd Avenue (approximately $60,000.00) and architect costs. The plans for the pro shop and maintenance building designed for Lake Ida could be used with revisions for structural and air conditioning system. City commission directed staff to contact certain agencies concl'rning their preference of sites for the relocation of the Tennis Center. The agencies staff was directed to contact were the Community Redevelo),ment Agency, Tennis Advisory Board of Directors, Realtor Advisory Boardl and West Atlantic Property Owners Association. I met with each agency and reviewed Lake Ida, Lavers International Tennis Center, Municipal c:olf Course, parcels on Barwick Road, and rebuilding at the existing si te. The following is a breakdown of the site preference of each agency. AGENCY 1st CHOICE 2nd CHOICE Community Redevelopment Agency Lavers Lake Ida Tennis Advisory Board Lavers Existing site Realtor Advisory Board Existing site - West Atlantic Property Owners Existing site - However, since that time the CRA has reversed itself and have recommended the tennis center be rebuilt at its present site. At your direction we are now reviewing the property across from Atlan~ic High School and will have the information available for the November 5 workshop meeting. I ~ ,~ c3¿,\-'-.___j eldon tor of Parks and Recreation JW:giv REF: JW091. DOC i¡ /' ROY M. SIMON-AIA -ARCHITECT altclütects al\d þ~anl\ellS JANUARY 31, 1989 R"Iõ'· CITY OF DELRAY BEACH TENNIS FACILITY ..... . LAKE IDA PARK OUR PROJECT NO. 8814 COST ESTIMATE FOR RECOMMENDED IMPROVEMENTS A. SITE WORK . ROADWAYS PARKING AREAS FILL & GRADING DRAINAGE WATER & SEWAGE * 144,000 B. LANDSCAPING ~ SOD i~2., 600 - IRRIGATION· 13,000 PLANT MATERIAL 28,000 ------ 53,600 C. TENNIS COURTS - 16 8 LIGHTED (@ $25,000) 210,000 8 UNLIGHTED(@ $20,000) 170,000. 1 PRACTICE COURT 20,000 t 8 SHELTERS (@ $2,000) 16,000 WALKWAYS 28,000 -------- ", '" - 444,000 D. BUILDINGS - PRO SHOP 275,000 MAINTENANCE BLDG. 36,000 ...------- I 311,000 ------- 952,600 E. ARCHITECTURAL/ENGINEERING SERVIÇES 76,208 ------- .. .-" ~ 1,0.28,808 ----------- ----------- * ADD $2,000 IF NEW WELL IS REQUIRED 100 I\O~tkeast b~th aIJel\Ue - gulte a2 - de~hag beach. bQOftida gg444 ~ (gOS) 278-1914 , ,"'" '" - . ROY M. SIMON, A.I.A.,ARCHITECT . I architects and planners April 19, 1989 : Joseph Weldon, Director Parks & Recreation Department City of Delray Beach 50 Northwest First Avenue Delray Beach, Florida 33444 Re: City of Delray Beach Tennis Facility Lake Ida Park Project No. 8814 Dear Joe: As you requested, the following is a recap ot our April 17th meeting regarding the sub-soil conditions of the Tennis Facility site. Attending the meeting were the following individuals: . " Joseph Weldon City of Delray Beach Gates Castle, P.E. City of Delray Beach Ed Foster City of Delray Beach Jim Flaig, P.E. Nutting Engineers of Florida, Inc. Joseph Schubert, P.E. J.W. Schubert & Associates, Inc. Roy Simon, A.I.A. Roy M. Simon, A.I.A., Architect When we asked the City for geotechnical information (test borings, soil bearing values, percolation tests, engineer's reports andprof~ssional recommendations), you provided soil boring logs and cover letter from~oldcoast Engineering & Testing Company àated 11-18-88. Goldcoast's letter states that "remedial steps will be required prior to loading of these areas" . ~ - In preparing design and construction documents, our structural consultant advised us that µiling would be required for the buildings. The buildings were designed accordingly. To determine the type of foundation needed for the shelters, lighting standards, fencing, flagpole, etc., our consultant contacted Goldcoast for additional geotechnical information. In his 4-5-89 letter, Donald Klaiber, P.E., of Goldcoast Engineering suggested piling for structures and light standards. For the tennis courts and fencing, Mr. Klaiber recommended NO remedial action. 100 northeast fifth avenue, suite a-2, delray beach, florida 33483 .407-278-1914- .", '" . \ - Joseph Weldon, Director I Park~ & Recrea~ion Department . City of Delray Beach April 19, 1989 Page Two ~... ~ . Our strubtural consultant then requested a more intensive analysis of the sub-soil conditions. ProposalstQiprovide this additional information were obtained from Nutting':Engineers of - '.--'-'- Florida, Inc., and Dames and Moore Ltd. Both firms recommended that compression tests to determine soil stabilit.ytbe·perfôrmèd- . . and that an engineer's report and recommendation b~ submitted. You selected Nutting Engineers to provide these s~rvices. . ~:~. Nutting submitted their report after performing tests and studies of the sub-surface soil. The settlement studies indicate that the conditions create a problem for the tennis courts and fencing as well as the structural elements of the project~; ... :¡, The potential for significant non-uniform surface settlement would affect the surface of the tennis courts and:~alkways, and the stability of. fence posts and lighting standards. .~ Nutting recommends the pre-loading process which fs explained in. \, their April 13th report. This procedure will delay construction - at least 6 to 8 months. ~ I As you know, we have completed the construction documents for the. project and have obt.?ined approvals from the Planning and Zoninq ~ = Department and the Community Appearance Board. Our drawings were submitted to the Building and Fire Departments for review and comment. We have responded to all comments and the project is now ready to proceed to bidding. If you have any questions, please advise. . Sincerely; ;e !hJ n '- - Roy ~imon, A.I.A. RMS:gcb Enclosure - 1 , ." , ~ NUTTING I - ENGINEERS Geotechnlcal &. Construction Materials OF fLORIOA INC. Hydrogeology &. Monitoring Wells ESTABLISHED 1967 Engineering. Inspection · Testing ! April 13, 1989 City of Delray Beach c/o Roy M. Simon, AlA f 100 NE 5th Ave. Suite A2 Delray Beach, FL 33483 Re: Proposed Tenni3 Facility Lake Iõa Park Delray Beach. FL Gentlemen': Submitted herewith; in substantial accordance with our proposal dated April 5, 1989, is a report of geotechnical engineering analysis for the proposed tennis center located at the north end oÎ Lake Ida Park between 1-95 and Lake Ida immediately south of existing soccer field. The area is typically covered with low sparse vegetation. Existing grades at the' site from drawing #C-2 of 5 range from a high of +18.5 at the soccer field to a low of \0 12.2 to 13.1 at the south end. Water elevation in Lake Ida· is· -t-7,. 8. An existing roadway is located along the west side of proposed courts to a parking lot at the north. end. The writer inspected roadway paving, parking lot paving and an existing CBS restroom, none of which show any sign of excessive settlement~ -- - Proposed Construction It is proposed to construct a tennis' complex including sixteen Har-Tru tennis courts and one practice court with four future courts. A.clu~house and maintenance building are to be built at the center of the site, additional parking along the west side and a practice court with 12 ' to~ 16' high wall in the southwest corner of the complex. ûverall dimensions are of the order of 745 north-south by 380' east-west. Subsurface Conditions ,'f" A total of seven penetration test borings have. been completed at the site by Gold Coast Engineering & Testing Company in November, 1988, The seven test borings in essence represent five general locations on the site; namel}' two locations at the south end, two at the north end and one location at the proposed clubhouse in the center of the site. These test borings indicate typically 11 ' to 13.5' of medium dense to very loose tan fine sand overlaying 4' to 5' of peat, silt anå muck which is then underlain by medium dense tan to brown fine sand. The water table is shown at depths of 4.0' to 9.5' . The greater depths within the high area and lower depths in the low area. 1310 NEPTUNE DRIVE . BOYNTON BEACH, FLORIDA 33426 Boynton BeBch (407) 736-4900 . Pompano Beach (305) 941-8700 . FAX (407) 737-9975 . -- --.. , ---- ...'" ~ I The U.S. Dëpartment of Interior, Soil Gon3~rvation Service Soil Survey of Palm Beach County area indicates that the predominant surficial condition at this site is Okeelanta muck in 1974, since filled over- by sand. Within the western most portions of the , site, this map indicates the Basinger fine sand'. We have observed Okeelanta muck deposits to range from 0 to more than 10' thick within the general area. I Nutting Engineers of Florida, Inc. pertbrmed one soil test boring on April 10, 1989 supervised by the writer. The test boring was extended to a total depth of 18' and the bore· hole was advanced utilizing the mud rotary method. The standard spli tspoon' ·s·ample method (ASTM D-1586) was used continuously to the 18' depth. Blow c.ounts per 6" on the sampler were recorded and a sample extracted every 2'. Upon completion of the .boring the rig was m'.:>ved l' east and a bore hole extended to a depth of 12.5' using mud rotary and then a 3" diameter thin walled Shelby tube sample obtained from 12.5' to 14. 5' . Nutting test boring #1 was drilled approximately in the same area where Gold Coast boring #3 was drilled. The profile encountered by Nutting consists of 11.5' of very loose quartz fine sand, brown fibrous peat between 11.5' to 14.0', brown organic silt between 14.0' to 14.8' and medium dense to dense white quartz fine sand to 18' . Groundwater was encountered at a depth of 5.0'. Characteristics of Peat Deposits . ~ The writer chose representative samples of the peat and organic silt for organic content and water content tests. Water contents of the fibrous peat range from 250% to 364% and for the organic silt 89% to 127%. The organic content of the fibrouspeåt was 59% and for the organic silt 14%. It was initially anticipated to per:orm a consolidation test on a representative sample from the Shelby tube; however, in consideration. of the general similarity of this material to materials recently subjected to~ consolidation tests on one of Nutting's projects, because of the availability of published peat and organic soil properties and in consideration of the time restra.ints .+ was decided to utilize estimated values for the 1.... consolidation parameters of the organic soils. This is - considered a. reasonable approach in consideration of the significant variations of;~hese parameters at a given site. The consolidation properties of peat deposits within the same general area typically vary significantly. Such deposits tend to create non uniform surface settlements. Peat deposits as with most organic soils undergo both primary and secondary consolidation, Primary consolidation occurs fairly rapidly after the load is applied and secondary consolidation well beyond the life time of most facilities. The compression ratio for organic materials are typically quite high and 2 (f¡i}jNUTTING ~ ENGI~~~~A~NC. ' . .-.-.-......-- ,.-- "'"., ·' , I V .3.).' i.5. b 1 e . For this project we utilized a compression ratio of 0.22 ± 50%. Recompression r.5.tios are typicall~. in a rangð of 1/6 to 1/8 of compression ratios. The coefficient of secondary compression may range from 0.01 to 0.06. For this project we .3.ssumed a value of 0.015 to 0.04. Typically. the primary consolidation occurs rapidly, that is within three to four months after loads are applied for relatively thin peat deposits. . The secon?ary,consolidation continues over the life of the facility. The prope.rties of peats can be significaritly altered by the procedure of preloading, that is placement of~soil surcharge of significantly greater magnitude than anticipated future loads. '. .. ... .. ,...-.... .--... -., -"..-,- '..' ". .... It is our opinion that for a preload to have significant impact for this project an areal pressure of the order of 0.5 tons/sq. ft. (10' of loose sand) would be required. Analysis '... studies , We have performed settlement fo"r the proposed construction assuming no ground improvement is performed. Based on the project drawings reviewed there is approximately 1. 8' of cut at the north end and 3.4' of fill at the south end of project. Refer to Table I for the results of these settlement estimates. : Discussion . .. t From the above table it is seen that the tennis courts could : undergo what we believe to be significant total and differential K settlements after the facility is completed if built-without : improving-t~e in-situ ground conditions. If the thickness of the I peat varies from the assumed range as determined a~ five widely spaced locations by test borings, this would have significant impact on estimated settlements. For example, where the peat is absen~ then the above indicated settlements due to the peat layer would not occur and if the thickness is double that assumed. then these values would apprOXlmate~y double in magnitude. .. " Be~ide5 the anticipated deformation of the peat layer there is a strong potential for signif i.cant non uniform surface sett ement due to compression of the upper very ose san ill layer. Very loose sand fill has a setttement potential of the order of 3% to - 8% of the thickness due tö various factors such long term I as stress creep, fluctuating groundwater table, surface water infiltration and vibrations. Assuming 11.5' of very loose sand and 3% settlement yields 4" settlement potential (variable) of the tennis court surface. Without sand densification it is seen that there is the potential for large total and differential settlement within the upper sand regime alone. 'J ..; ~NUTTING ~ ENGINEERS , OF FLORIDA, INC. .--_. _. .-..-- .-.- ,,-, ." I . TABLE I ; CALCULATED TOTAL LONG TERM SETTLEMENT OF PEAT AND ORGANIC SILT LA~ 0-1/2 year 1/2..,.10 year 10-30 year - End P -0.46" to -2.06" P 0 P 0 ;:,. S -0.59" to -2.40" S -0.59" to -2.40" S -0. 28" to -1. 15" T -LOS" to -4.46" T -0.59" to -2.40'· T -0.28" to -1.15" N. End P +0.06" to +0.17" P 0 P 0 5 -0.3" to -0.10" S -0.15" to -0.62" S"';0.27" to -0.72" T +0.03" to +0.07" T -0.15" to -0.62" T -0.27" to -0.72" NCI:E: 1. o year = time when cut/fill is comple~ed r') P = settlement due to primary consolièation .:... . \0 S = settlement due to secondary consolidation T = total settlement - = settlement + = heave - 3. Calculations assume the following: a. Existing fill (above peat) in plac~ 10 years b. Site graded to +15,5 at 0 time; no preload used c. ~ = 0.11 to 0.33 l+eo , d': ~ = 0.015 to 0.040 GW @ +11.0 .. .. e. ~ Peat & organic silt layer 3.3' to 5.0' thick ... . (could vary from,O to 10' thick ?) g. 2.0' cut at. North end 3.5' fill at South end I~ . 4 @NUTTING ~ ENGINEERS . . OF FLORIDA. INC. . FC;TARI 1C;~Fn IQR7 ,"1;1 . t The sand fill density could be improved bY..undercutting court subgrade and then performing intensive surface compaction using many overlapping passes of a large vibratory roller. Another method to densify the sand, and as a matter of fact a more thorough and expensive method of densification, would be through the dynamic deep consolidation (DDC) process; that is, dropping a heavy weight repeatedly on the sand surface. With the DDC method it is possible that the consolidation potential of the peat might be reduced slightly albeit inconsistently. '. Of course the site could be demucked and structural fill placed back to court subgrade. This method would cost an average of the order of ~35,000.00 per court depending on availability of fill and other factors. All cost estimates in this report are very approximate at best and must be' confirmed . through appropriate takeoff and unit rates from contractors. , The preload method would probably be suitable for this project assuming that the thickness variation of the peat is not too great within short distances. The site would first be graded to court subgrade level, then the preload would be p¡aced. It is our opinion that the preload should consist of at ~~ast 10' of sand to be left in place at least three months after the preload is completely in place. Because of the significant amount of sand that would be required for the entire site it- would appea-r that .. the surcharge loading would have to be phased. As a minimum, one pair and preferably two pair of tennis courts could be preloadeè at one time. Settlement plates and monitoring with optic instruments would be required to determine when the prelQad can be removed. ~ased on a 10' high surcharge it is very app~oxrmately estimated that the preload would cost $10,000.00 per court not including optical '... . To densify·the existing sand fill monl.,-,orl.ng. by undercutting to elevation +12.0 and intensive surface compaction, it is very approximate~estimated that the average cos~ would be of the order of $4,000.00 per court, that is a total cost of the O"rder" of $14,000.00 per court plus the cost of the optical monitQring. This is a very significant cost; however, it would be approximately 40% of the demucking method. The cost could be lowered by reducing the magnitude of the preload; however, we would not be in favor of that approach. - It is essential that this;' report be discussed with a tennis court expert to determine -the total and differential settlement tOlerances tor tlar-1ru cou~L c..;vl1~L~ucLlon. Assuming that the upper 10' of very loose existing sand fill is appropriately densified and the site of the proposed tennis facility is pre loaded as discussed herein, then it is our opinion . that light standards and the flag pole can be constructed in accordance with details shown in the plans reviewed. The practice wall, fences, sidewalks and utilities can also be constructed conventionally. 5 ~NUTTING ~ ENGINEERS \ OF FLORIDA. INC. ....r"'I"'...nll...lfrrot ..,..r" ..., ~ , .' f It i5 understood that the clubhoUSE: . and maintenance building are to be supported on pile foundations. With the preload method it might be possible to support the maintenance building on conventional foundations depending on structure details. , In conclusion, we recommend that some type of grou~d improvement be utiliz€:d b€:neath all tennis courts, f€:nces, light standards, flag pole and walkways. It is our opinion that both the very loose; sand fill and the peat must be stabilized utilizing undercutting, intensive surface compaction and fill placement (or DDC within the sand) and preloading for the peat. We recommend that a grid pattern of auger borings be accomplished at relatively close intervals tþroughout the: entire project site to establish the thickness uniformity of the peat layer, A preload will reduce the impact of non uniformity of the peat layer; however, significant variations in short distances even' with 10' preload could impact surface grades of the tennis courts. We recommend that the: contents of this report be reviewed by a clay court specialist and their input obtained. We wo~ld be pleased to provide consulting during this review process.iOnce a decision is reached regarding the ground improvement method, we can pl'epare specific recommendations regaràing methods and ~onitoring. We: appreciate this opportunity to be" of ~ervice and would be pleased to me~t with you to di~cU5S the contents of this report. \, Should you have any questions or if we can be of assistance please contact the undersigned. Sincerely, NUTT~~., .~G»1EERS OF FLORIDA, INC. , .- ~(íf//ý n , m ~. Flaig, P.E. #21083 ice P2'esident Enclos~res: Test Boring Log ~1" Soil ProÎile Lab Test Results Soil Classification Criteria Limitations of Liability - I \.TJF ¡pm 6 ~NUTTING ~ ENGINEERS OF FLORIDA. INC. r:"'rTAOI IC'wen in,::'1' ...., '" - £IT' DF DELHA' BEA[H FIRE DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: NOVEMBER 5, 1991 SUBJECT: RECOMMENDED AWARD OF CONTRACT - TEMPORARY FACILITIES FOR FIRE STATION NO. 5 Based on recent City commission direction we obtained additional quotations for this facility. We recommend that the City commission award a contract, subject to the City Attorney's review and approval of the contract document, to Space Master Builders of West Palm Beach, in the amount of $22,882.00 covering two years lease and the related delivery and set up costs. Delivery is within a four week period following the issuance of a Purchase Order. This should permit the facility to be on site by December 13, 1991. The proposed delivery schedule will permit us to maintain our January 1, 1992 target for operation. A copy of our cost comparison table is attached for your review. I(~ ~'~L-- . Kerry B. Koen Fire Chief KBK/ew cc: City Attorney FIRE DEPARTMENT HEADQUARTERS-101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444 40712437400 - FAX 407/265-4660 ~I- I '1', "'C tI) ~ ~ C\I :><ï¡ ,....¡ ,....¡ Q) ;J ,....¡ I:t:;"":¡ '" 01 Q) C\I . '" ï¡:::> - - ;J 0 - :>A M M ~ . M Hï¡ ,....¡ ,....¡ ~Q)IJ,.¡ ,....¡ ,...:¡::x:: - - ;j .¡.J - ï¡U N N o ~ ~ N At/) ,....¡ ,....¡ JZ.. C\I 0 ,....¡ .¡.J · · · ~~ s:: 0 0 0 Q) 0 \0 0 ~ Q) 0 N ~ ~t/) ~.¡.J " " " ï¡O ;j C\I ,....¡ ,....¡ ,....¡ I:t:;U U ~ -EIr -EIr -EIr ~ t/) 0 · · · · Ut/) ,....¡ 0 N 0 ~~ N 0 00 0 lJ') N 00 ,....¡ · " " " ~:>< ~ M N lJ') 0 N N N M ~N -EIr -EIr -EIr -EIr ~{ ~c -x .¡( · · · IJ,.¡ lJ') 0 0 0 :::> \0 0 lJ') lJ') I ~ N N ~ '" ~t/) " " " " ï¡O ,....¡ ...... ,....¡ ,....¡ U)U -EIr -EIr -EIr ~ ,....¡ :>< '" I:t:; 01 ï¡ ,....¡ :> · · · · H~ \0 0 0 0 " "":¡t/) ,....¡ 0 \0 lJ') lJ') ï¡O 00 ~ M r-.. ~U I -EIr -EIr -EIr -EIr I:t:; ï¡ p::¡ ~ tI) · · · · .¡.J ¡j 0 0 \0 0 tI) ,...:¡ N 0 M 0 0 Z <ï¡ N 00 lJ') N U ~~ " " " " I ,....¡ 0 0 \0 0. ,....¡ ,....¡ ,....¡ ,....¡ ;j ~ <,...:¡ -EIr -EIr -EIr -EIr I .¡.J ,...:¡ Q) H tI) ~ ~ ~ :>< · ,...:¡ 0 >. ï¡ ::X::ï¡ · · · lJ') ~ A ~t/) lJ') 0 00 M Q) H ê5~ M 0 r-.. " ::- :3 '" '" 00 ,....¡ 'M ~,...:¡ -EIr -EIr -EIr -EIr r-i ï¡ Q) ,...:¡ "'C ¡:Q :::;J () " 0 U Q) A C\I tI) tI) 0. ö£! C\I ê3 t/) ..-., s:: Q) tI) 'M r-i JZ.. "'C s:: "'C Q) Q) r-i ..-., ~ ~ ~"'C 'M ..c: .¡.J C\I t/) () ~ ;j U s::..-., Q) 0 ..-., Q) C\I ¡:Q C\I Q)...c: >. U ...c: S::0 Q) ID ~ U 'M ~¡:Q N ï¡ Q) C\I 0LI...c Q) ö£!Q) :> U Q) s:: U .¡.J S C\I¡:Q tI) H C\I¡:Q ï¡ C\I tl)r-i s:: Q) ~ 0. Q) C\I C\I C\I s:: "'C ~ ~ t/) » "'C¡:Q ~IJ,.¡ ~ 0 ;j C\I § s .¡.J r-i <ï¡ o ~ Q).¡.J ~ ~ U IJ,.¡ 1J,.¡t/) Ur-i få~ U tI) s:: 15 15~ r-i Q) C\I Q) tI) 0 H Q)Q 'M IJ,.¡ 0.:3 C\I¡:Q U U""':¡ 0'-' Q'-' t/) '-' :3'-' ·x ,"., i" /; " :1 ,. . - . M E M 0 RAN DUM TO: Lula Butler, Community Improvement Director ~ FROM: Richard Bauer, Code Enforcement Administrator SUBJECT: GEL CO VIOLATIONS DATE: October 31, 1991 I spoke to Mr. Jerome Brown, GELCO'S local manager, at their business office on North Congress Avenue at 2:00 P.M. on October 30, 1991. I advised Mr. Brown that the City Commission decided not to award GELCO a contract based on continuing code violations. I advised Mr. Brown that he should consider showing some good faith to comply with City codes by removing some of the trailers from the parcel to the south (and cease performing outside repairs on said tract, a situation we just discovered). In all likelihood, GELCO moved trailers onto the southerly adjoining property out of ignorance of City codes. I write the aforementioned because almost immediately after we cited GELCO, members of their management team were in my office wanting to know how to resolve the problem. I also write the aforementioned because GELCO rapidly retained Digby Bridges to prepare a site plan to encompass the overall site. There is very little that GELCO could do in the next 24 or 48 hQurs to resolve the situation. It takes time to move modular trailers and there is not much space left at their "authorized" location. There seems to be some confusion as to our actions on the - GELCO issue. In October~ 1989, a Code Enforcement Officer cited property owner Sendzimir and lessee Ellison for storage of materials and trailers on a parcel south of the \ authorized GELCO location. The trailers cited were "GELCO" trailers but were not put there by GELCO. The trailers were used as construction trailers during the Congress Avenue Project, purchased by Ellison and put on Sendzimir's property. This matter has dragged on because the Code Officer had a quadruple by-pa~s operation, the property owner Sendzimir died, and the lessee Ellison suffered a stroke. However, this issue has nothing to do with Gelco's expansion. c:P1 :J... ,"" 'III -" LULA BUTLER OCTOBER 31, 1991 PAGE TWO I am attaching three Code Enforcement Board Orders with explanation: 1. Case Number CEB 91-6812 pertains to the authorized GELCO location. They have 120 days from August 28, 1991 to submit a revised site plan or confine operations to the authorized site. 2. Case Number CEB 91-6811 pertains to the lot on which GELCO expanded (to the south). They have 60 days from September 7, 1991 (Note: CEB Order was incorrectly dated August 7 instead of September 7) to remove the outside stored materials and 4 months to get site plan approval. 3. Case Number CEB 89-3817 pertains to a parcel south of the parcel where GELCO expanded. This order is self explanatory and does not pertain to the GELCO -- expansion. As I noted above, GELCO retained Digby Bridges to do the site plan work. Mr. Bridges was also retained by Ellison to perform site plan work on the Sendzimir property. Mr. Bridges is petitioning the CEB to permit more time for the site plan work. Finally, at the Code Enforcement Board Hearing of October 22, 1991, the Code Enforcement Board decided that cases 91-6811 and 91-6812 should run concurrently and expire on December 28, 1991. - To put things in perspective, we have been dealing with numerous parties:with an int.erest in the properties involved. The authorized GELCO site is owned by Clarence Wolf Tr., leased to GELCO¡ the property where GELCO expanded is owned by the Sendzimfr estate in Massachusetts and represented locally by Attorney Arline and leased to Ellison represented by Attorney Kreidler and subleased to GELCO¡ the \ last parcel is owned by Sendzimir estate and leased to Ellison. Due to Mr. Ellison's poor health,he turned control of his leased properties over to his son Scott who is represented by Attorney Stewart. rb/mh "hI '" ~ . . , . Agenda I t¡em No.: AGENDA REQOEST Date: 11/1/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 11/5/91 Description of agenda item (who, what, where, how much): Code Enforcement Board Activities ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO Recommendation: Department Head Signature: ~lÀ ß.u!H. 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: ~ }Z"/v1 Approved for agenda: rt~$l NO Hold Until: ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved ,,-,