01-10-89 Regular
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
January 10, 1989
7 P.M. AGENDA Commission Chambers
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.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
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PUBLIC HEARINGS
4. ORDINANCE NO. 150-88: An Ordinance amending Ordinance No.
3-84 pertaining to Isles of Delray SAD District, extending conditional
use and site plan approval f~r 18 months.
5. ORDINANCE NO. 162-88: An Ordinance designating the Koch House,
777 North Ocean Boulevard as an historic place.
6. RESOLUTION NO. 1-89: A Resolution of intent to purchase property
known as Old School Square from Palm Beach County School for
$680,822.50 with funding to come from General Fund ($105,000), Water &
Sewer ($309,322.50), and Recreation Impact Fee ($2.66,500) within one
year of closing. .
PROCEDURAL ITEMS
7. Comments and Inquiries on Non-Agenda Items from the Public.
8. Agenda approval.
Action: Motion to approve.
9. Approval of minutes of Regular Meetings of December 13, 1988 and
December 20, 1988,
FIRST READINGS
10. ORDINANCE NO. 1-89: An Ordinance rezoning City Hall property
from R1-A to CF. If passed Public Hearing January 24th.
11. ORDINANCE NO. 2-89: An Ordinance rezoning the Dorson property
which is the vacant land around the shopping center located at the
southwest corner of Congress Avenue and Lake Ida Road from ART and ACT
to POCo If passed Public Hearing January 24th.
12. ORDINANCE NO. 3-89: An Ordinance amending Chapter 35 "Employee
Policies and Benefits" to make certain technical modifications
relating to public employee policies and organizations. If passed
Public Hearing January 24th.
13. ORDINANCE NO. 5-89: An Ordinance amending Chapter 172
"Subdivision Code" regarding the accommodation of "flag lots" as a
type of ~ubdivision lot. If passed Public Hearing January 24th.
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14. ORDINANCE NO. 6-89: An Ordinance amending Chapter 173 "Zoning
Code" relative to "flag lots". If passed Public Hearing January 24th.
REGULAR AGENDA
15. APPOINTMENT OF A MEMBER TO THE CODE ENFORCEMENT BOARD:
Appointment of a member to replace Thomas Scott, who has resigned.
16. REQUEST FOR FUNDS - ATLANTIC HIGH SCHOOL: Request in the amount of
$3,000 with funding to come from the Commission's Special Event
Account No. 001-1111-511-34.81.
17. CONDITIONAL USE REQUEST (CU 6-275): Conditional use and
attendant site plan for Fronrath Chevrolet for an auto related use
north of S. E. 3rd Street.
18. CONDITIONAL USE REQUEST (CU 6-270): Conditional use and
attendant site plan for Happy Times Day Care, located at the southwest
corner of S. W. 1st Avenue and 2nd Street.
19. SITE PLAN APPROVAL AND OFFICE USE IN AN R.O. ZONE DISTRICT: Site
Plan and office use for Christopher O'Hare, located on the west side
of North Swinton Avenue between N. W. 1st Street and N. W. 2nd Street.
20. CHANGE ORDER NO. 1 - LINTON BOULEVARD BEAUTIFICATION:
Contract decrease of $7,412 necessitated by design changes to
accommodate traffic movement at Albertson's Shopping Center, located
at Military and Linton. ..
21. WAIVER OF SIDEWALK - ST MARY'S THE VIRGIN CHURCH: Request by the
church to waive requirement' for construction of a sidewalk along
Homewood Boulevard.
22. LAND SALES CONTRACT BETWEEN THE CITY AND AUBURN TRACE JOINT
VENTURE: Agreement for sale of land for $730,000 and other provisions
to allow construction of 256 units of low to moderate income housing.
23. OLD SCHOOL SQUARE APPEAL FOR WAIVER OF CONDITION: Request by Old
School Square, Inc. to waive certain site plan conditions imposed by
the Historic Preservation Board as they relate to renovation of Old
School Square property.
CONSENT AGENDA
24. REAPPOINTMENT OF FIVE BOARD OF CONSTRUCTION APPEALS MEMBERS: The
following members of the Board are eligible and have requested
reappointment to terms endi~g January 8, 1991:
H. Deane Ellis
William Koch, III
Richard M. Oldham
Larry M. Schneider
Richard Sheremeta
25. REAPPOINTMENT OF THREE CODE ENFORCEMENT BOARD MEMBERS: The
following members of the Board are eligible and have requested
reappointment to terms ending January 14, 1992:
Joel Port
Charles Toth
Samuel DeOto (Alternate)
26. DENIAL OF STEVEN COX OFFER TO SETTLE A CLAIM: Settlement offer
in the amount of $15,000.
27. DENIAL OF MARY BROWN OFFER TO SETTLE A CLAIM: Settlement offer
in the amount of $25,000.
28. DENIAL OF JEAN MARC AND JEANETTE FLORESTAL OFFER TO SETTLE A
CLAIM: Settlement offer in the amount of $20,000.
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29. ACCEPTANCE OF DAVID MARCIL OFFER TO SETTLE A C~IM: Settlemend
offer of volun~ary dismissal wi~h each par~y bearing 5 o~n costs an
attorney's fees.
30. ACCEPTANCE OF UTILITY EASEMENT AT 340 NORTH CONGRESS: Acceptance
of an eight foot easement from Douglas D. and Virginia G. Cary for a
10" gravity sewer and manhole installed during the Congress Avenue
widening project.
31. MUTUAL AID AGREEMENT - PALM BEACH COUNTY: Approve agreement
between the City and Del-Trail Fire Control District for emergency
service response with Palm Beach County Fire-Rescue.
32. AWARD OF BIDS AND CONTRACTS:
A. Tropic Isle Drainage Project - Charles S. Whiteside, Inc. -
$109,300 with funding to come from Account 333-3161-541-6l.11.
B. Design for Miller Park Ground Water Storage Tank and Booster
Pump - Post, Buckley, Schuh & Jernigan, Inc. - $88,000 with
funding to come from Account 441-5123-536-60.64.
C. USGS Study for Lake Worth Drainage District - $3,515 with
funding to come from Account 5111-536-33.11.
D. Design Proposal/Water Treatment Plant - Post, Buckley, Schuh
& Jernigan, Inc. - $15,000 with funding to comQ., from Account
441-5162-536-60.41.
E. Installation of Golf Course Well field pumps, electrical work
and instrumentation and bacteriological clearance testing -
Youngquist Brothers, Inc. - $162,050 with funding to come from
Account 441-5163-536-60.71.
F. Beach Wall Restoration - Ralph Osbourn, Inc. ~ $39,980 with
funding to come from Beach Renourishiment transfer to Account
441-5163-536-60.71.
G. Drainage and Roadway Improvements at Black Olive and Homewood
Boulevard - Marks Paving Company - $154,897.75 with funding to
come from Account 334-3162-541-61.82.
H. 2,000 Gallon Tanker - Walker Stainless Equipment Company -
$71,313 'with funds to come from 1987 Utility Tax Bond Account
333-2311-522-60.84.
I. Washer and Dryer Lease - City Marina - Five year lease
between the City and King Coin, Inc. for laundry room space.
J. Bid Award Administrative (Non-Police) Vehicles as follows:
4 Subcomp Sedans Koons Ford $31,384 001-274l-524-60.84
Ford Escort 001-2221-524-60.84
3 Midsize Sedans Dodge Country 24,579 001-2911-519-60.84
Dodge Aries (State Contract) 00l-5111-536-60.84
1 Large Mid Sedan Bill Wallace lO,454 001-2610-512-60.84
Ford Taurus
1 Full Size Sedan Dan Burns l5,6l0 001-1211-512-60.84
Olds Royale Oldsmobile 001-3101-512-60.84
1 Cargo Van,Econ. Koons Ford ll,463 001-2317-522-60.84
Ford A~rostar
1 Cargo Van 4X2 Jerry Ham Chev. 9,751 001-3131-519-60.84
Chev CG 11005 (State Contract)
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1 8 Pass Van 4X2 Dennis Fronrath 13,891 001-2315-516.60.84
Chev CG 21306 Chevrolet
These are budgeted items and funding will come from the
individual departments receiving the vehicles.'
33. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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1-10-89
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LA W OFFICES OF t~ J.:. t "" u V r~: 1',':
ROGER G. SABERSON, P.A.
DELRAY EXECtrTIVE MALL JÄH 5 1989
110 EAST ATLANTIC AVENUE
DELRA Y BEACH, FLORIDA 33444 CI fY MAf~t\\:;tR ~ ()FFliA
(407) 272-8616
January 5, 1989
Mr. Walter Barry, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Isles of Delray - Ordinance 150-88
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Dear Walt:
This will confirm our phone conversation today concerning the
above subject. We are requesting that the item be continued to the
Commission Agenda of February 14, 1989.
As I indicated, when this item was before the City Commission on
Deèember 13, 1988, the Commission inserted a requirement concerning a
traffic study and due to the holidays, my client has been unable to
consult wi th his traffic engineer concerning this requirement and to
prepare any proposal concerning it for the Commission consideration.
Also, my client is not in the De1ray Beach area now, but will make
arrangements to fly down here for the meeting of February 14, 1989.
Since the item has been already advertised for the meeting of
January 10, 1989, it is my understanding that the city will open a
public hearing and then continue the item to the February 14, 1989
agenda.
Thank you for your cooperation in this regard.
Sincerely yours,
(ê~
ROGER G. SABERSON
RGS/sms
cc: Mr. Gilbert Goldstein
Mr. David Henninger
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::YH'C':!!t1>.N{:E NO. 150-33 \
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY' OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 3-84,
PERTAINrltG TO A 40.73 ACRE PARCEL OF LAND, PRESENTLY
ZONED TO TF..E "ZPECIAL ACTIVITIES DISTRICT" (SAD) AND
LOCATED NORTH OF LAKE IDA ROAD, BETWEEN THE E-4
CÞ.NÄL AND N.W. 8TH AVENUE, SAID LAND BEING IN
3ECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO
PROVIDE FOR EXTENSION OF ÇONDITIONAL USE MID SITE
J\ND DEVEI.OPMENT PLAN APPROVAL, MID PROVIDING FOR THE
REQOIRÐ~ENT OF A MODIFIED TRAFFIC STUDY; PROVIDING A
SAVING CL1>.USE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission in Ordinance No. 3-84 zoned the
property to the "Special Activities District" (SAD) and approved a
condi tional use and site and development plan subject to conditions;
and, .
~VHEREAS, the Ordinance No. 3-84 provided that the approval was
lim5.ted to twenty-four months (24) from the date when all other
cJpprovals for required City building permits have been received; and,
WHEREAS, the conditional use and site and development plan
granted pursuant to Ordinance No. 3-84 have expired; and,
WHEREAS, the City Commission, pursuä.nt to City ordinances,
wishes to extend the time for expiration of the conditional use and site
and development plan approval and to provide for a modified traffic
.stndy.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
i Section That Ordinance No. 3-84 is hereby amended by
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rcpealiDg SeGtion 4 of Ordinan~e No. 3-84, and enacting a new time limit
I: on the ~onditional use and site and development plan approval as
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I: follows:
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¡, The site and development plan and conditional granted
:' use
pursuant to Ordinance No. 3-84 is hereby extended for 18 months from the
j: effective date of this Ordinance No. 150-88, subject to the following
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i: ~dditional condition:
" The property shall pay its pro rata share if signalization is
It re~lired at ~Le entrance to the development.
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I: Section 2. That Ordinance No. 3-84 is hereby amended by
II repealing Section 2(g) of Ordinance No. 3-84 and enacting.a new Section
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\1 2(g) to read as follows:
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¡ The developer shall prepare and submit a modified traffic
¡: study related to intersection geometries WitàiR øiBet:.y ~O)·
ìì d~S¡~:;C;;:~~j): ð~~ni~O~~ ~r:.
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Section 3 _ 1>.11 other terms and conditions contained in
Ordinance No. J., 84, not in conflict herewith, remain in full force and
effect.
Section 4 _ That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regul~r session on second and final
reading on this day of , 1988.
MAYOR
ATTEST:
City Clerk
First Reading December 13, 1988
\¡ Second Reading
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ORD Nt). 150-88
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ORDINANCE NO. 162-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING THE KOCH HOUSE LOCATED AT 777
NORTH OCEAN BOULEVARD, LOTS 21 AND 22, BLOCK D, PALM
BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE 38,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A
HISTORIC BUILDING; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at the meeting held
on November 29, 1988, unanimously recommended the designation of the
Koch House as a Historic Building,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described building in the City
of Delray Beach, Florida, is hereby designated as a Historic Building:
The Koch House, 777 North Ocean Boulevard located on Lots I
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21 and 22, Block D, Palm Beach Shore Acres, as recorded I
in Plat Book 7, Page 38, of the Public Records of Palm
Beach County, Florida.
Section 2. That the Planning Director of the City of Delray
Beach, Florida, shall, upon the effective date of this ordinance, amend
the Zoning Map of Delray Beach, Florida, to show, in an overlay manner,
the above designation. i
Section 3. That this ordinance shall become effective ten days I
after passage on second and final reading. I
PASSED AND ADOPTED in regular session on second and final I
reading on this the ____ day of , 1988. I
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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£ITY DF DELAAY BEA[H
100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 ~/243, 7000
407
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Asst~ City Manager
DATE: January 6, 1989
SUBJECT: Documentation City Commission Meeting 1/10/89 ~
Resolution 1-89 Purchase Old School Square
Commission Action
City Commission is requested to approve Resolution 1-89 authorizing the
purchase of the De1ray Beach Elementary School from the Palm Beach County
School Board and authorize funding for the purchase cost and closing costs.
Background
City Ordinance Section 36.04 requires advertisement and the passage of a
resolution when the City is proposing to purchase property. This resolution
was held until final purchase amounts were received from the County; purchase
based in part on utility and road installation costs. The total purchase
amount is $680,822.50 with $266,500 funded from Recreation Impact Fees
account #117-6111-541-60.11 one year after closing; $105,000 funded from the
1988-89 Capital Improvement Fund account #116-6111-519-34.10 and $309,322.50
funded from Water and Sewer Fund Project Account #441-9111-581-90.41.
Closing costs are not known at this time. This information will be available
prior to the meeting.
Recommendation
Staff recommends passage of Resolution 1-89 and authorization of funding for
purchase of the site and closing costs.
RAB/sm
THE EFFORT ALWAYS MATTERS
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[ITY DF DELAAY BEA[H
CITY ATTORNi:Y'S OFFICE 31 II 5,1, I" srR 1.1'01', 511 ITI 4 DU,R^ 'r' BL¡\(,II, ILORID^ 33483 3115/243,7090
MENORANDUM
Date: December 15, 1988
To: Wal ter O. Barry, Assistant City Attorney
From: Susan A. Ruby, Assist.ant City Att,orney
Subject: Old School Square Purchase
Pursuant to City Ordinance, Section 36.04, please place the
attached Resolution on the first regular agenda of the City
Commission in January. This Resolution has been duly notice as
required by the above-named ordinance.
Please do not hesitate to contact me should you have any
guest ions regarding this matter.
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Attachment
cc Elizabeth Arnau, City Clerk
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r~SOLUT1ON NO. 1--89
7·, RESCLUT!ON OF TIIE CITY COMMISSION (,,)F THE CITY OF I
m::...~\y BEACH, FLORIDA, AUTHORIZING THE CITY .....,-,
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PüRCH~SE FROM THE P~LM B~~CH COUNTY SCHOOL BOARD, A
CER'!'],IN PARCEL OF PROPERTY IN THE CITY OF DELRJ..Y
BEACH KNOWN AS THE DELRAY BEACH ELEMENT~~Y SCHOOL,
\>T:!ICH PROPEFTY IS LOCATED '\T THE NORT"rlEAST CORNER OF
THE INTERSECTION OF El'.ST j\,TLANTI C Þ.\~JE Þ.ND NORTH
SWINTON AVENUE~ IN THE CJ1"1 OF DEI.RAY BEACH,
Fl.ORIDA, HEREBY INCORPORÞ.TING 1\."ID ACCEPTING THE
C0ND!T!ONS }.Nt) TERMS OF THE ACREEMENT BETWEEN THE
C!Tl OF DELRAY BEACH, FI.ORIDA AND PALM BEACH COUNTY
SCHOOL BOARD OF APRIL 6, 1988 AS AMENDED.
WHERE1-.S , the City of Delray Beach, Florida, aCknowledging. the
value of the Delray Beach Elementary site to the City and its residents
for governmental, cultural, and par k and recreational purposes, wi,shes
to p'JIchase said property; and,
\ÿ,dEREAS, the Palm Beach Cou~ty School Beard desires to sell
the property to the City of Dclray Beach, Florida; and,
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida to p~.lrchase :;aid property for the purposes described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITI OF DELRAY BEACH, FI.ORIDA, AS FOLLOWS:
Section 1. That thE:; City Commissio~ of the City of Delray
Beach, Floli.da, hereby a'~rees to pur,=hase the Delray Beach Elementary
~chool property from the Palm Eeach County School Board, with said
property rnorefully described as fcll~ws:
Lots 1, ... 3, . ~ 6, i, and 8 and Block 68, ,=,f Town of
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Delray, "ccording to the Plat thereof on file in the office of
the Clerk of thE: Circuit Court in ~nd fer P~lrn Beach County,
Florida, recorded in Plat Book 1, Page 3.
and
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that block of land labeled "Park and School" bounded north by
, Pearl Street, west by Swinton Avenue: South by Atlantic
Avcnue; and East by Gaillard Street as per map of Linton,
Florida, ·....hich was filed in the office of the Clerk of the
Circuit Court in Dade County, Florida, on July 29, 1896, the:
3ame being the land upon which the public school at Linton is
now lCJcated, the said above-described land being in the
southwest corner of the Northwest Quarter of Section 16, TWP.
4E> S., RGE 43 E.
LESS AND ~CCEPT¡NG ~E FOLLOWING TWO PARCELS:
~e South ten (10) f~et of Block 68, Town of Delray, as shown
i¡l !' lilt Book , Page 3, Public Records of PaL~ Beach County,
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Florid.a.
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il a pa rt of Lot 1, B10ck 68, Plat of Dclray Beach ( ~ormally
Linton) , as said plat is recorded in rlat Book 1, Page 3,
I Sheet 2 of the Public Records of Palm Beach County, Florida,
sdid part being more particularly described as follows:
Beginning at the Northwest corner of said Lot 1 cf Block 68;
I: thence east, on an asswned bearing, along the North line of
said Lot 1, being also the South Right-of-way line of North-
1; east First Street, a distance of 19.75 feet; thence S. 16
Ii degrees, 08'07"W, a distance of 67.51 feet to an intersection
ï with the West line of said Lot 1, of Bloc~ 68, said West line
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I being also the East right-of-way line of Swinton Avcnue;
I thence N 0 degrees, 51' , 47"W, along said West line of Lot 1
and said East right-of-way line of Swinton Avenue, a distance
of 64.89 feet to the Point of Beginning. I
Section 2. The City shall pay $414,322.25 for the property as
well as costs of closing at the time of closing, and the sum of $266,500
within ~ixty (60) days of the City of Delray Beach's receipt of impact
fees from developers, or, alternatively within one year from the receipt
of the warranty deed.
Section 3. That ,terms and conditions contained in the agree-
ment, of April 6, 1988 and amendments thereto between the City and the
Palm Bea~h County School Board are incorporated herein.
PÞ.SSED AND ADOPTED in regular session on this day of
, 198 .
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ATTEST;
City Clerk
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RES. 1~O. l-R9
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NOTICE OF INTENT TO PURCHASE
Notice is hereby given, that the City of Delray Beach,
Florida, intends to purchase the Delray Beach Elementary School
property, which property is more particularly described as
follows:
Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Block 08, of Town
of Delray, according to the plat thereof in file of
the Clerk of the Circuit Court,' in and for Palm Beach
County, Florida, recorded in Plat Book 1, Page 3.
and
That block of land labeled "Park and 'School" bounded
North by Pearl Street; West by Swinton Avenue; South
by Atlantic Avenue; East by Gaillard Street as per
map of Linton, Florida, which was filed in the office
of the Cl(~rk of the Circuit Court in Dade County,
Florida, on July 29, 1896, the same being the land
upon which the pUblic school at Linton is now
located, the said above described land being in the
southwest corner of the Northwest Quarter, of Section
16, Twp. 46 S., Rge 43 E.
AND EXCEPTING THE FOLLOWING TWO PARCELS:
The South 10 feet of Block 68, Town of Delray, as
shown in Plat Book 1, Page 3, Public Records of Palm
Beach County, Florida.
and
,]J.. part of Lot 1, Block 68, plat of Delray Beach
(formerly Linton), as said plat is recorded in Plat
Book 1, Page 3, Sheet 2 of the Public Records of Palm
Beach County, Florida, said part being more particu-
larly described as follows:
Beginning at the Northwest corner of said Lot 1 of
Block 68; . thence east, on an assumed bearing along
the North line of said Lot 1, being also the South
right-of-way of Northeast first street a distance of
19.75 feet; thence S 16 degrees, 08' 07" W, a
distance of 67.45' to an intersection with the West
line of said Lot 1 of Block 68, said West line being
also. the East right of way line of Swinton Avenue;
thence N 0 degrees, 51' , 47" W, along said West line
of Lot 1 and said East right-of-way line of Swinton
Avenue, a distance of 64.89 feet to the Point of
Beginning.
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The city is purchasing the property from Palm Beach County
School Board and contemplates using the property as a cultural
center. The City is purchasing the property for $658,822.50.
Other terms of the purchase are as set forth in the agreement
between Palm Beach County School Board and the City of Delray
Beach, Florida of April 6, 1988 as amended. A Public Hearing
on Resolution 1-89 authorizing the purchase of said property is
scheduled for 7:00 p.m. on January 10, 1988 at the City
Commission Chambers in City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida.
Publish: News of Delray City of Delray Beach,
December 27, 1988 Florida
,January 3, 1988 Elizabeth Arnau, City Clerk
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MEMORANDUM
TO: Walter O. Barry, City Manaqer ~
FROM: Frank Spence, Direc~ev~pment Services Group
SUBJECT: ORDINANCE 1-89 FIRST READING, CITY HALL REZONING
DATE: January 5, 1989
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval, on First
Reading of a Rezoning Ordinance. If approved, the Public Hearing and
Second Reading will be held on January 24, 1989.
Since this is a City initiated rezoning, the Public Hearing date has
already been noticed.
BACKGROUND:
The property under consideration includes the Reservoir and Utilities
Department facilities north of 2nd Street, City Hall, the Community
Center, the Tennis Center, and the Central Fire Station site. These
are all City owned and currently zoned R-IA.
The City Commission has initiated a rezoning of the property so that
the appropriate zoning (CF) is in place concurrent with the City Hall
expansion program. The Commission also directed that GC zoning be
considered for the frontage along Atlantic Avenue. However upon
review of the CRA Plan, which governs the land use of the area, it was
discovered that specific designations of "Rft (Recreation) and ftIft
(Institutional) exists. Thus, it is not appropriate to affix the GC
zoning designation without first amending the City's Land Use Map, and
by inference, the CRA Plan.
The action before the Board is that of making a recommendation on a
rezoning from R-IA to CF for a 11.76 acre site and from R-IA to GC
(General Commercial) for 3.66 acres. The proposal includes a proposed
CF zoning designation for the north water plant, City Hall, and
Community Center. The GC zoning designation is proposed for the Fire
Station site and public Tennis Court for future office development
outlined in the CIP Plan.
PLANNING AND ZONING BOARD RECOMMENDATION:
At it's meeting of December 19th the Board held a public hearing at
which there was no public comment.
The Board reviewed the proposal with respect to the CRA Plan and then
recommended that CF zoning be applied upon the entire parcel
(holdings) .
Rezoning to GC, or other appropriate zoning, would follow appropriate
amendments to the CRA Plan and the City's Land Use Map.
A detailed report from Planninq and Zoning Staff is available for
review in the City Manager's Office.
RECOMMENDED ACTION:
Approval of Ordinance 1-89 on First Reading and establish the Public
Hearing date of January 24, 1989.
FS:cl
Encl
10
PL·ANN I NG B Z'îNING BOARD ' ~,
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CITY OF DELRAY BEACH
--- STAFF REPORT ---
MEETING o:1TE : December 19, 1988
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AGEf'æ ITEM: 111. D.
ITEM: REZONING, CITY HALL COMPLEX AND CONTIGUOUS CITY PROPERTY
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r~ . if I N.W. 1ST AVENUE · AI I.t ' Ii: I·j .&
.. IS .. . ., . ..~- : .. ~ · .L1~".t'.I.r.~.I"I" -"iI : -Ie : . .
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GENERAL DATA:
Owner...........................Cltyof Delr.y Ie.ch
Loc.tion........................we.t .1d. of M.W. l.t Avenue,
between Atlantic Avenu. and N.W.
:Ire! 5t:reet
Property 5ize...................15.. Acres
COmmunity Redevelopøent 'l.n....Publlc Institution.l .nd Public
Recreation
Existinq Zoninq.................R-1A (51D91.-Faml1y Dwel11nq
D1strict)
Propos.d Zon1nq.................CF (eo..unlty Facl1ltle.) ln part
and GC (Gen.ral COI'II'Mrc1aU in
p&rt
Adjac.nt Zon1nq........:........Morth .nd we.t of tha .ubject
property is zon.d a-1A. South is .
.oned GC. Þ.t i. zoned RO
CIe.ldentl.10fflc.).
Exi.t1nq Land U.................Clty R&ll/COmNunlty C.nter/Tenni.
center/Flre 5t.tion .nd the
.dj.cent Utility Depar~nt
office. and North W.~er Pl.nt.
Proposed Land U.................S... .. above. An .cccmodation
. 1. ..de for &oninq the front.qe
&loftq Atlantic Avenu. a. GC in
ord.r to .llevi.te the need for
r.zoninq when the land is offered
for ..1..
Water Servlce...................Prl..ry .ervice i. from the ITEM:
.x1stinq 10" water main alonq III. D.
the e.st side of N.W. 2nd Avenue.
Sewer S.rvlce...................Pr1mary .erv1ce 1. from the
exi.t1nq I".s.nit.ry sewer
lçc.ted on the west .1de of N.W.
2nd Avenue
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ORDINANCE NO. 1-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1A (S INGLE
FAMILY DWELLING) DISTRICT IN CF (COMMUNITY
FACILITIES) DISTRICT FOR A PARCEL OF LAND
LYING AND BEING IN SECTION 17, TOWNSHIP 46
SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED
ON THE WEST SIDE OF N.W. 1ST AVENUE, BETWEEN
ATLANTIC AVENUE AND N. W. 3RD STREET; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1983" ; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the CF (Community Facilities) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
Lots 7 through 16, inclusive, Block 44, Lots
1 through 16, inclusive. Block 51, and Lots 1
through 16, inclusive, Block 52, together
with all of the 16 foot alleyways lying
within said Blocks 44, 51 and 52. and that
portion of the 50 foot right-of-way lying
between said Blocks 44 and 52. and that
portion of the 50 foot right-of-way lying
between said Block 51 and 52. less the South
20 feet of said Lots 13 through 16, inclu-
sive, Block 44, and less the South 20 feet of
said Lots 13 through 16, inclusive. Block 52
as shown on the Plat of the Town of Linton,
Florida, as recorded in Plat Book 1, Page 3
of the Public Records of Palm Beach County,
Florida; together with,
All of Block 50 of "Metcalf"s Subdivision of
Block 50 and 58", of the City of Delray Beach
(formerly Linton), Florida, according to the
Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm
Beach County, Florida, in Plat Book 10, Page
47.
The subject property is located on the west
side of N.W. 1st Avenue, between Atlantic
Avenue and N.W. 3rd Street.
The above described parcel contains a 15.4
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
, 0
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Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 1-89
MEMORANDUM
TO: Walter O. Barry, City Manager t
~~~
FROM: Frank Spence, DirectofDevelopment Services Group
SUBJECT: ORDINANCE 2-89 FIRST READING, DORSON REZONING
DATE: January 5, 1989
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approval, on First
Reading of a Rezoning Ordinance. If approved, the Public Hearing and
Second Reading will be held on January 24, 1989.
Since this is a City initiated rezoning, the Public Hearing date has
already been noticed.
BACKGROUND:
The Dorson property is the vacant land which is around the shopping
center located at the southwest corner of Congress Avenue and Lake Ida
Road. This property was recently annexed to the City (Enclave 59) and
initially zoned as ART and ACT. Upon request from the owner's agent
and upon advice from the City Attorney, the City Commission initiated
a rezoning action in order to establish permanent (instead of
transitional) zoning. This item was advertised in such a manner that
a complete range of zoning from the most restrictive of RM to the most
permissive of GC (over the entire parcel) or combinations thereof,
could be applied.
The Enclave 59 report recommended that the initial zoning of this
property be ART for the north portion and ACT for the south ,portion,
consistent wi th the existing Land Use p'lan designations of MF-M
(Multi-Family- Moderate Density) and ·C" (Commercial).
Mr. Michael W. Connors, representative for Mrs. Gertrude Dorson the
property owner, appeared at the Planning and Zoning meeting, objecting
to the transitional nature of the proposed zonings of ACT and ART for
this property and requested that the entire property be zoned GC
(General Commercial). To avoid postponing action on all of Enclave
59, the Planning Director and Mr. Connors agreed to allow the
annexation of Enclave 59 to proceed, with the understanding that the
City would reconsider the zoning upon annexation of the enclave, as a
City initia~ed rezoning.
The City Attorney has subsequently indicated that the application of
the ART and ACT zoning districts in this case are inappropriate given
no existing agricultural use of the property.
PLANNING AND ZONING BOARD RECOMMENDATION:
At it's meeting of December 19th, the Board held a public hearing
which was attended by approximately 150 interested individuals.
The sentiment of those individuals was that residential deve~opment
(zoning) should not be affixed to the property. While there was
support from the public for general commercial zoning on the entire
parcel, the Planning and Zoning Board cited the Shady Woods-Pugliese
situation as an example of what could happen if a careful evaluation
was not made. The Board then recommended that POC (Planned Office
Center) zoning be applied upon the entire parcel (holdings). The
reasons for this recommendation included:
1. That the property should be developed in a unified manner,
2. That the residential development was not appropriate based
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upon the testimony which was received and the lack of buffering
between the existing shopping center and the developable area;
3. That unrestricted commercial use would be inconsistent with
adopted policy which calls for prevention of "over
commercialization" of intersections and would otherwise provide
an adverse traffic impact (volume);
4. That POC zoning and development exists along Lake Ida Road
and such a "planned office center" presents the most appropriate
use of the land from a ~ommunity development perspective.
OWNERS REQUESTED ZONING:
The property owner's agent is seeking GC zoning on the southern
portion of the property and LC zoning on the northern portion of the
property. Attached to this memo is a copy of a letter just received
from Mr. Michael Connors, Attorney for Mrs. Dorson in which he
expresses their objection to the Planning and Zoning Board's
recommendation of POC zoning for their property, stating that it would
be extremely restrictive and totally inappropriate for their property.
However, they are willing to enter into an agreement providing the
assurances sought in POC zoning while maintaining the appropriate
GC/LC zoning. Also they would be willing to enter into an agreement
providing to site plan the entire property prior to development,
similar to the site and development plan approval process set forth in
the Special Activities District (SAD).
The complete Planning and Zoning Staff report is available for review
in the City Manager's Office.
RECOMMENDED ACTION:
Approval of Ordinance 2-89 on First Reading and establish the Public
Hearing date of January 24, 1989.
FS:cl
Encl
PLANNING B 7'JNING BOARD
CITY OF DELRAY BEACH
--- STAFF REPORT ---
MEETING [ATE: December 19. 1988
-
AGEKJA ITEM: III. A.
ITEM: DORSON REZONING. PROPERTY AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD
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GENERAL DATA:
0Wne~.. ........ . .. .. . " ....;... .lUa. Gennade Do~_
...nt...........................NichAel v. ConDo~a
Loc.t10n........................SOUth of Lake Ida 1oA4. no~th of
the 1.-)2 CAul. lletweell Conqr.as
A_nue And Davia IleNct
Property 51a....................l..6' Acrea
Clty Land Use Pl.n..............NF-HlNu1tl-..-ily Moderate
Densltyl And C (c-rdall
Ealatlnq ZOnln'.................AWr CAqrlcultuca1 "aldentl.l
TrAll81tionall 111 part and ACT
(AqrleulturAl ca..e~cl.l
Tr.nslti_lI 111 part. loth
aonlnq dealvnatloaa .PPlled wlth
the _Uae of EftclA_ 59 par
Ordlnance 110. 125-11 _
~r .. 11...
PropoMd Ioftlnq................. A c:c.bluti_ of .. 1 lledl_ to
""1_ K19b De_lty o.o.lUnq
DlatdC1:11 .. 1""1_ Ki,h to
Klth Density o.o.lllQ9 Dlat~lctl
LC (L~ted ca..erc1all and GC
(GeMul c-~c1.lI aOlUnq
ctl.t~lcta o~ to one of the..
dea1vnaUona appUed _ tile
entlre bo1ctlQ9a. .
Ad,.c.nt Ioftlnq.................lIorth of the ~ject property ia
aOl*l POC (Pl.nned Office
. Center I. ~at la aOl*l a-lA-'
(51nql.-r~ly o.o.lllnq DIatrlctl
And northe.at is aone4 GC. (loth
aonln, dealvnatlon. .pplied wlth
the .nneJUlÜon of Encl.... 5. par
Orctlnance No. 125-" on
No~r '. 1"'. aut is &oned ITEM: -¡p, 14
C~ (COMMUnity C~rclalI .nd
~th 1s aoned 1.1 (Lltht
Induatdall.
Eal.tlnq Land U.................Vac.nt Land
Proposed Land U.................At thls tl... there 1s not .
de...lo~nt propos.l for the
.ub'.ct property.
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LAW OF'F'ICES
BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE Be o'CO,J~lL 31969
... .....ATNEAS...IP INCLUDING ..AOF'ESSION...L "'SSOCI...TIONS
CITY MAUAûER'S OFFill
BAUCE G, "'LEX"'NDEA LYND'" ,J, ......AAIS, ..,...,
F'LETC"'EA N, B...LDWIN. m D...NIEL ..., HEAS"'M"'N .....ILLIP D, O'CONNELL. SA, (I"07-I"e7)
,JEA"'LD S, BEEA DEBR... ... ...ENKS
WII..LI"'M R, BOOSE. m. p, ..., BRI...N B, ,JOSLYN -
,JOHN D. BOYKIN BAI...N T, KING 0,. COUNSEL
P...TRICK ,J, C"'SEY, P,... C......RLES ..., LUBITZ. P,..., "'L"'N ,J, AOGEAS
"'L...N ..J, CIKLIN. ......, AICH...RD L, .....RTENS, ..,..., -
CORY..J CIKLIN LOUIS R. McB"'NE, Po,A, NORT"'BRIDGE TOWER I . U~... F'LOOR
MIC......EL W, CONNORS CLAUDI... M. MCKENN'"
ROBERT L, CR"'NE. P,.... BRI"'N M, O·CONNELL. P,.... als NORT... F'LAGLER DRIVE
8, ..JE"'NE CRIPPEN P...IL D, O'CONNELL, ,JR" P, A, p,O, DR"'WER 02.828
F'REDRIC E, EPSTIEN CARlA, PODESTA WEST PALM BEACH. F'LORIDA 33402-4e2e
MICM"'EL M, GF'ESSER ..JULIE...NN AICO TELE.....ONE (407) 832,5900
LEE 8, GORDON, P,..., STEP"'EN L, SHOC"'ET TELECO..IER (407) 833 -4209
MICHAEL 0, GORDON SAMUEL ..., T"'OMAS
MIKEL D, GAEENE SUS"'N WILLIAMS
DONALD H, CiUSTAF'SON
VIA BAND DELIVERY January 3, 1989
Walter O. Barry, City Manager
City of Delray Beach
100 N.W. 1st street
Delray Beach, FL 33444
Re: Dorson Property Rezoning
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Dear Mr. Barry:
This Firm represents the owners of what is known as the
Dorson property ("Property"). The Property lies south of Lake
Ida Road, abutting Davis Road to the west, a shopping center and
Congress Avenue to the east. As you know, the City annexed the
Property as part of Enclave 59 on November 8th, 1988. At the
time of annexation, the Property was zoned ACT and ART (agricultural
commercial transitional and agricultural residential transitional,
respectively). Throughout the annexation and rezoning process, I
appeared before the Planning and Zoning Board ( "Board") and the
City Canmission ( ·Commission") on behalf of the Property owners.
At those times I stated to the Board and the Commission that the
Dorsons did not object to the annexation. However, they were
very concerned about the ACT and ART zoning. Specifically, our
clients believe that general commercial or general commercial and
limited commercial (GC and LC) would be a more appropriate
designation for the Property, since Palm Beach County zoned the
Property commercial for over 30 years and also since the Property
is surrounded on the north and east by professional office and
commercial. We have stated from the inception of this matter
that residential would be inappropriate, and that GC and LC would
be the best zoning for the Property.
However, in order to accommodate the City's annexation
schedule, we agreed not to protest the ACT and ART zoning set
forth in the annexation ordinance. Mr. Kovacs stated, and
reiterated in his letter of ,October 5th (copy attached) that the
City Commission would initiate a rezoning of the Property to
permanent designations. The proposal would be for general
.
/"
Walter O. Barry, City Manager
January 3, 1989
Page 2
commercial for the enti re si te, wi th an alternate of limited
commercial and medium density residential. We agreed with this
proposal, to accommodate the ~ity and to minimize delay and
confusion in the annexation procedure. It was our understanding
that the proposed rezoning categories would be recommended by the
City throughout the entire rezoning process, including at the
Commission level. Accordingly, we presented our proposal for Ge
and LC to the Board hearing of December 19th, 1988. At that time
several hundred neighboring residents protested the residential
zoning proposed for the northern portion of the Property, advocating
that the entire parcel be zoned commercial, as we had proposed
from the onset.
At that hearing, the Board recommended a zoning designation
of planned off ice cente r distr ict ("POC"). As I stated at the
Board hearing, we had considered with our clients the various
City zoning districts, and rejected POC early on as being
inappropriate for the Property. POC is intended to establish
areas of primarily office use and is not intended for commercial
acti vi ties. P~C is an extremely restrictive zoning district,
permitting, only 13 office uses. We and the clients, in addition
to Land Design South, our professional planning consultants, find
poe to be totally inappropriate for the Property. poe renders the
Property virtually useless and without value. Additionally, the
poe district was never considered by Mr. Kovacs, ourselves, our
clients or our planning consultant as a realistic zoning designation.
However, in order to address concerns raised by the Board
which resulted i~ the POC designation, we are willing to enter
into an agreement providing the assurances sought in p~c zoning,
while maintaining ,the appropriate GC/LC zoning. Specifically we
would ,be willing to plan and construct the Property as a whole as
set forth in the POC district (section 30-15.3(B) (1». We would
be willing to enter into a intergovernmental agreement, providing
to site plan the entire Property prior to development, similar to
the site and development plan approval set forth in the special
activities district ("SAD").
Accordingly, so that we may clarify the status of rezoning
and more fully explain our position regarding the Property, Alan
Ciklin and myself would like to meet with you and Mr. Kovacs
prior to the January 10th Commission reading of the rezoning
ordinance. We will contact your office to arrange for an appointment
if this is agreeable with you. Thank you for your consideration
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Walter O. Barry, City Manager
January 3, 1989
Page 3
in this matter, and please feel free to contact me directly if
you need additional information.
MWC/bla
xc: David Kovacs
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[ITY DF DELRRY BER[H
! ù(, '. '... 1 \' ~ V E '\; ~~: QE..:"¡" ~E':'':'''' r-LO;:¡,:)A jJJJ4 30~ :'4:3 'Q11(
October 5, 1988
Michael W. Connors, Esquire
Boose, Casey, Ciklin, et al
P.O. Drawer 024626
West Palm Beach, Florida 33402-4626 I
Re: Dorson Property - Enclave 59
Dear Michael:
I have received your letter of September 19, 1988. First, please
accept the apology of the Board regarding a miscommunication
regarding the conduct of the hearing. After the Board completed
the formal public hearing, they then addressed the items which
were raised. Prior to making its recommendation, they did seek
you out in order to further discuss the points which you raised.
However, you had already left the premises. Our error for not
informing you that more discussion would occur.
During the ~oard's discussion of the Dorson property they
recounted a p~evious hearing held in 1986 at which time the
City's land ,use map designations were changed to the combination
of commercial and residential designations. One Board member
recalled that Mrs. Dorson was supportive of those changes. Based
upon that discussion, the recommendation of ART and ACT zoning
was forwarded to the City Commission.
The points which you have raised in your letter are all worthy of
consideration. Instead of addressing them in detail at this time
and as a part of the annexation process, I ask that you consider
the fOllowing approach:
1. Proceed with the annexation as proposed with initial
City zoning of ACT and ART. However, formally register
your objections as you have heretofore done for record
purposes.
2. Upon enactment of the annexation ordinance, we will
have the City Commission immediately and formally
initiate a rezoning of the Dorson property to permanent
designations (as opposed to the holding zone concept of
Tuc ~cC",",=- ^ I ,'" '-'<' "". "'",cOC' RECElVED OCT ,
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Michael W. Connors, Esq.
October 5, 1988
Page Two
ACT and ART). The proposal would be for General
Commercial (GC) for the entire property and the
alternative of Limited Commercial (LC) and Medium
Density Residential (RM).
3. The owner will not be responsible for supplying any
information or paying any processing fees. The City
will absorb the fees and will prepare all
documentation, mailings, notices, etc.
4. A public hearing would be held before the Planning and
Zoning Board on the third Monday in December (unless
you desire a later date).
I
5. The public hearing for consideration of the enacting
ordinance on second reading would then be before the
City Commission in January, 1989.
We would like to proceed with annexation under the Enclave Act
with as little delay and confusion as possible, thus, this
request. I believe it fair and equitable that your client not be
saddled with unsought burdens, thus the basis for the City
assUming responsibility for processing a rezoning upon
annexation. By using the alternative zoning designations in the
noticing, the most appropriate zoning for the prop~rty can be
affixed, thus allowing you and the City to focus upon the
property in question and to provide a zoning designation which
can be depended upon once development becomes imminent.
First reading of the enacting ordinance for annexation of Enclave
59 will be before the City Commission on October 11, 1988.
Hopefully, you can discuss this matter with your client prior to
that time, and we can proceed in the most appropriate manner on
OCtober 11th.
If you have any questions regarding this proposal, please call on
me directly or contact either Jeff Kurtz or Herb Thiele of the
City Attorney's Office.
(\iallY,
~~~J{~~ctor
Department of Planning and Zoning
c: Herb Thiele, City Attorney
Jeff Kurtz, Asst. City Att' )rney
Walter o. Barry, City ManaJer
Doak Campbell, Mayor
Project File - Enclave 59
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ORDINANCE NO. 2-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED ART (AGRICULTUR-
AL RESIDENTIAL TRANSITIONAL) DISTRICT, IN
PART, AND ACT (AGRICULTURAL COMMERCIAL
TRANSITIONAL) DISTRICT, IN PART. IN POC
(PLANNED OFFICE CENTER) DISTRICT FOR A PARCEL
OF LAND LYING AND BEING IN SECTION 7, TOWN-
SHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA; SAID LAND IS
LOCATED SOUTH OF LAKE IDA ROAD AND NORTH OF
THE L-32 CANAL. BETWEEN CONGRESS AVENUE AND
DAVIS ROAD; AND AMENDING "ZONING MAP OF
DELRAY BEACH. FLORIDA, 1983" ; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the POC (Planned Office Center) District as defined in Chapter
173 of the Code of Ordinances of the City of Delray Beach,
Florida, to-wit:
That portion of Lot 20, Block 1, DELRAY
SHORES, as recorded in Plat Book 24, Pages
232 and 233, lying west of Congress Avenue
(LESS the parcels recorded in O.R. Book 1386,
Page 437, and O.R. Book 2398, Page 1424, and
the Davis Road and Lake Ida Road rights-of-
way) and lying south of the line formed by
the Southeast Lot Line of Lot 19, Block 1,
DELRAY SHORES, the South line of the parcel
recorded in O.R. Book 3118, Page 364, and the
straight line formed between the Southeast
corner of said Lot 19 and the Southwest
corner of said parcel recorded in O.R. Book
3118, Page 364; together with,
That portion of Lot 20, Block 1, DELRAY
. SHORES, recorded in Plat Book 24, Pages 232
and 233, lying west of Congress Avenue (LESS
the parcels recorded in O.R. Book 1386, Page
437, and O.R. Book 2398, Page 1424, and the
Davis Road and Lake Ida Road rights-of-way)
and lying north of the straight line formed
between the Southeast corner of Lot 19, Block
1, DELRAY SHORES, and the Southwest corner of
that parcel recorded in O.R. Book 3118, Paae
364.
The subject property is located south of Lake
Ida Road and north of the L-32 Canal, between
Congress Avenue and Davis Road.
The above described parcel contains a 18.66
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
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Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular ses5ion on 5econd and
final reading on this the day of J 1989.
HAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 2-89
[ITY DF DELfiRkt REA[H .
CITY ATTORNEY'S OFFICE "J" ....;, !,: ,~IRIIT..';¡'ITI4 III 1<.1 \ 1:1 \' 'II II ORIP \ 3.1,¡~.1
lrn.::'.~3· 7r)-Hì TJ ! : (01'11 I~ ,;r'~,'~-,·47:;-'
I'iE!-!Or\ANDUM
Date; J,:muary 4 ¡ 19B8
To: City Commission
f'r "m : Herbert, \oJ. A. Thiele, City Attorney
Subjec't.: Propo~ed Public Empl"yee Relations Co~~ission
Ordinance
3 ... ra,
Attached please find a copy of a proposed ordinance which makes
certain technical modification to our Code of Ordinances
1:elating to public employee policies and organizations.
These changes were ordered by the Public Employee Relations
Cornmision by Order dated Decew~er 8, 1988.
If you should have any questions concerning this matter, please
do not hesitate to contact me.
HT:sh
AttacrJ..rnent
c:c: Vialter O. Barry, City fv1nagCr~
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t} T~. ':.) -: -r~,? ~~J ('" F: lJ ':~j , -:-.- (;, ":¡
~-,.'! Q"?D I!~ )J~: E ,,~ THE :"",,,"';,.-.T CCt1!-1ISS!ON or TIlE CIT! OF
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'D Bi..,RJ.. 'Y [,BACH, FLQRIDA, .Z;!'lENDING TITLE -"\"'T "ADI'1INIS-
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T~;\TI(;'!··I" , OP THE ':01)E. ()F ORDlt'¡~l~CES ~.~ 'T''U't:' CTtr"'T ,...,...,
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DELP..!;-¡ P·EÞ.C!-! , FLCRIDA, BY ]'.~1END I l'~ G CHl·.PTER 3t',
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í! E:r"~PLJ;YEE P,')L.T c.~l ES ANI:: BENEFIT::, II , SECTION 35.Q34{B),
~~i~UE!JI': E!·1?LO·~lEES ' R! Gr1TS ; OF,·3lJ~I ZÞ.TIOl~ A},D !ŒPRE-
~ T:"\.1~~. r'!'1'"T" """.1" """ ?RC"'/'I DE Fe,?, ~.~,...., EXCLUSI 01-~ DF J:JiY
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;:-'I(;:)'; I S I ON S (:F 'rHE fLOE:¡: D.~ ST A 1~lJTE.s C'T~ hPr'I~O?RI ?TE
()1trjl~¡]\ì~CES ~or:-'!" "'.'"r'~~'T""'" ~C' ;.BTI RSr-!B!'17 ; }'}..{ þ,;·jE!'!DI NG
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~1""',-..m"T',....."!I.' '" C '"' <. I' .. PtiL3LI C EII1PLC:.'EES' T<.I G:!TS ; QRGl'.J~I ZP.-
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'I I c:~¡ i-.l¡D r{L?FESEt~"rli'rIO!11t , ~, ~ .cNl\c~·n;c Þ. NEW SUESEC-
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'T ~~. () t¡ ,....., ~c~ ~STA3L:S!i REPRESENTATION F·Ç·R ;:.1'1 Er"lPI,OYER
I':':".'
OR " j'1B!'ŒER '''.)F " D!..RG1GNING 1J~~I~ : BY l'~r'1ENDI NG
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¡\:;ECTI C~!-¡ ~.S.G::·t:[.~) (4), !! EJv1? I..CYEI: ORCJ>.ln Z.Q,TI ON;
r:~E,'3I srrT\?\T: 0~r "" ~T-. :ERT:L1-~:Cì\TI()Ì'!" I ,...,- r'RO\~IDE THÞ.T
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l·~QTIFI ChT:C:;:J ~;:i.!:..I!L BE Fumu SHED m^ THE DIVISION OF
..i. '-1
TJ.~D()P : r:::~1.'?' L(:~¡ 1"(!E~~'T ..~~~D TRAINING OF ~~~T:" DEI' Þ-.R'I11ENT OF
- ..,..,-,,.... ",\"1-\ E!,jp T·C "i1"lEI,.T SECURI'I'"',{ : ~.,~ ... .,........,~.......,. ,,,,-.. 3·ECTJ:':'}'
~l·';::'('r/,:': :-.J."V .D1 f-'.~·~r,l~¡';J.¡~~
'1r: I""I-'~~~\ " CCI1I.,r:CTI\.'E B'þ_RC;Þ..J~~It·¡~ i APPRO\!F\L OF.
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j~f LJEC~I C>l'¡ q , '1;) Ii:·Z;~j·lT I;E l·-~.J!·: t"rt~E E~<CJ'"_,~JS.I0t~ OP Aì-,1):"
T"">""'" ".....,. f"" - _~.._ ,~...., ---"'\"- ~- -.---"" STl~TU7ES ,,-...,., A??RCjPR! f\.TE
::' t':.~¡I t.· :..::> ~ '...j~'~'::::' l..Jt .l\"1':" :: J..J~.J~.. ;"I'·P.. Ul4
aR:)I~~?J~CES REL;~'I'I}:3 TO RETIP.EMEN'I' ; BY 1'.BENDING
SEcrl'I~~t~ 35.0:~9(B)(·~) ~, l~ ESC!L~JT'I c~tl eiF H<!PÞ.SSES" , t"f't-.
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}-'],RT'L ES '.I!'''. ·.7 :rRGcr:E:::J DIP.ECTL"l ..... '" F~ESO:"UTION OF THE
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I r'j!J ASSE BY THE LEGISLATIVE BODY ~'mEN THE PARTIES
l~IC;REE TO \;;þ~!'\'E THE APPOINTI1ENT OF h SPECIAL MASTER;
n""-,." Al~ENDING SECTION 35.051, ., COLLECTI'·lE BARGAINING
N8GO'I'IAT!ûN ACCORDING TO Srr A TE L·"" TO ENACT A NEW
AW ,
~~UBSECTION (D) TO PROVIDE THAT ANY HEA...~ING OR ORAL
,\-li.GUMENT HEA..~D B" THE C0r<!MISSION PURSUANT TO THE
;¡
CODE OF ORDINANCES SHALL BE OPEN '70 THE Pl.TBLI C ; BY
ENl...CTING A ~-ŒW SECTION 35.0545, "NOT GROù'NDS FOR
F.ECALL" , TO PROVIDE THAT MiY VIOLATION OF THIS
CHAPTER SHALL NOT S1JBJECT AliI PERSON TO r·IUNICIPAL
RECl'.LL 1,¡OR BE CONSIDERED GROUNDS FOR MUNICIPAL
RECALL; PROVIDING J'... SAVING CLAUSE; PROVIDING AN
EFf'ECTr...rE DATI:.
','¡:¡·ŒF EÞ, S , i-' Pnblic Employee F.elation:::: Commission r.as
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,,,).!.·dered the City of Delra.y Bea=h, Florida, by Order dated December 8,
1988 t.o ìr,ake ccn:éli n technical modifications to its Code of Ordi-
nances relating ';:0 public employee policies and organizations.
W)W , '!'HEREFORE, BE .,...,., ORD1,INED 'R'.. TilE CITY COMMISSION OF
J..J. _.t.
'¡IHE CITY OF DELRAY BEACH, FLORI D.; , AS FOLLOWS:
Sectior~ 1. 1~h a t 'T" ... '\ II! ._ 'llo.dIi'iinistraticn" , Chapter 35,
..l,-J.e
"Employ~e :Policies and Benefits", Section 35.034{B), "Public Em-
plcj-~ces t F.ightsi Orga.nizat.ior. .:-..nd Representation", of the Code of
Ordin.3.1a1C~S of '_ h \? City cf Delra;l Beach, Florida, be, and the same is
hereby, am'2!ldcd '-- r'2 a.,;;' ... ~. foll(.;·.~·s :
'- .-, --,
{B} Public cJiìployees shall hùvc the 'tight to be
1: {":pn.':::ented by any employ.;:e úrganizatian vf their own choosing,
to neç¡otiate cc·ll~ctiveli through a certified bargaining agent
with th:~ public employer in t,he oeterrnination of the terms a.nd
'-:C'nC-l t 'l~\!'U;. (If '\-. . ~i¡¡pl:;;yme:¡t . eXeili¿ift~-a~y-previ5ien-ef-~~e
~.,C1T
F!~~~~~ --S~~~~~e~ --~f --=~~~~~~i~~e --e~èi~aR~e~ --~~~a~~~~ --~ð
12-
rct:.irf::m~nl';,;, ¡'ub:ic :::mp1.v)'C€3 Sl·,i.:Ul have t:ne right to bc repre-
senccd lD the d~terminatioD of grievances ~n all terms 5nd
·:::'n..:1i t.1.C"Œ ()f their ~mplOiment. Publi.:: ~mployees shall havE; the
r\gn~ to r~frain trom exercising the ri9h~ to be rapresented.
S~~cU.on 2. Th~~t: Title III, "::\d.m,inistration", Chapter 35,
"Employee P,:)li,=i.es a.nd Bene!i ts", ScctJ.on 35.034, "Public Employees t
Rights; Cìrgûnizù'tion anå Reprcsen'tution", of the Code of Ordinances
of the Ci'cy of Dell.-ay Beach, Florida, be, and the same is hetcby
am~nded, by ena~ting a n~w subsection (E) to read as follows:
(E) Any f'Jl.l-time employee or officer of any public
Ð~p10yer or employee orga~ization m~y represent his employer or
any m~mbcr of a bargaining unit in any proceeding authorized in
this paJt, excluding the rcprescntat~on of a~y person or public
c::;ployc:r in a con:cl :)f l.:i",ol by a person who is not a liccmscd
atLc'rney.
Section':. Tha.t Ti~le .I..Li, "AdJT:inistration", Chapter 3S,
"Employee Polic~€::s and BcneÍi ts". ':;ec1:ion 35. :}J6 (A) (4), "Employee
organization: Registration and Certificatian", of the Code of Ordi-
nances c.f the Ci ty of Delray Beach, E'lc.r i.ja, be and the same is
hereby a~cnded to read as follows:
{4) !~stificali8n 0f registra~ions and renc~;als ~,f
r,~;; L,;t re. t iûD s!-J:::ill bc .tu:r:Ü .shed è1 t reÇjulûr í:1u:r......als by the
'~;.,~;rc:;nj. s ~-; i. (]-::¡ t. () t :-l e F: .~: ~ ~ ~ i: t?F:. T" '5 £ .. ~t:.b5~t .- ô "f- ~!;.e --l,epd ~~ff~e f1 t - 5£
~,:'!.l=''3r -aMj -"~~Þ;'="ÿRìe}1~ -SeE'dr~I::Y7 p"l·~';.::;ic!¡ '":if Lô.bor t Er:r¡:>l,:¡',':
E~8 n t \~~~:j :;~j' FJ.:' i Ii rlg cJf t",rlC :"(= r>¿¡ l-trncrl t .~. f :.~t.b0j- ü~-ld Empl (;·vJTIcr~ t
S·3;..' '.lr ~
:--Jc:cti·.')r·; .:. 71'~a~_ T:~Llc '~:lJ, '·;\~1rnir.listl-atic:--11': ;:hapter ~5,
"f.-.....pì"'p......-, "~¡'.·';;·í'~·- ,~[..~ r\r,~'('l:J'i-'-" ",,-,,,'Õ"'CJD ,:\:-, ¡."':ir~'. ) ¡'r"lÎ.'~r·t;v.""
-iJIJ__·-'.y-.....;-. J.\...:l..J..___":'¡ (.J,__ __...1_ _.;;:), .."'-_\.._ _-1''\.,;.'!\.IJ.., "W...~ _'-_ ___
Bargaining: ApprGval ~~ R~jccticn"', 01 the ~ode at Ordinances 0£ the
City of Dsl%ay BQ~=h, rl~ridar be, and the same ~~ hereby amended to
l~eüd as fvlJ.·:..:·;..,'s~
t=) ~Dj ~811(~ctivc l)arg~j.ni~g ~greement shall not provide
f c·r _ ~~~:r~n 0: ;::·:is~e!Jt:~ ~I[ more t11an ~.:.r¡re-~ ~{C~drS, arld shall
C(,:1t,:;¡ 1.) 3"1 "! ot ~h2 terms and conài tic·ns of cmplo:'r'Tnent of t,he
empJ.oyces i.n th~ ba.rga.ining unit èu::-ing such terms, except those
~en~9-a.l'19. "e~~èi~i6?\3 -~~9vi9.ed -r9l' -1:h -afty -~:te~~àa -S~a~~~e -ð~
~11"~~~z.a.t"~at'~ -ol'cii-~aì'1ec ·reJ:.:1d:n~ '-c~':::'e1:ire",~~t "a~d in applicable
merit and civil service rules and regulations.
Sectlc·n ;" That Title III, "Administration" I Chapter 35,
"Employee r'olicies ¿1.nd Benefits", Section 35.039{B}(1), "Resolution
of Impasses'!, of the Code of Ordinances of Lhe City of Delray Beach,
Florida, be, and the s~me is hereby enacted by adding a new sub-sub-
section ¡a) to r~ad as follows:
(;~d ~"¡'bcn both parties agree in writing t.o waive the
appointment of a special master when' an impasse in collective
bargaining ncgoti~tivns occur, th~ partiea may proceed directly
to resolution of the impasse by the legislative body.
Sectlcil 6. That Title III, "Adlllinistration", Chapter 35,
"ErnplùYE:<:= Policies ,mrl Benefi t3" I Section 35.051 , "Collective
2
0P.D NO. 3-89
fiargaining Negotiations According to State Law", of ~hc Code of Ordi-
:-:a.nces of the Ci ty of DclI'ë:lY Bcac;":, Florida r be, émd the .same is
hereby, amended by enactinq éi new subsection (D) to read as follm.¡s:
(D) Tho delibeLations of the commission in any proceeding
berore it are exempt from the provisions of Chapter 286, Florida
Stat\.lt.es. }!owever, any h(~aring held or oral arcn.lment heard 1.,.]
the co~~issiQn pursuant to the Cede of Ordinances shall be open
to th~ p'ut>lic. 1..11 draft OH1Cl.-S de";e18ped in preparation fo::.-,
:)1 p.reliminëiry to, the issuance of a final vlri t ten order are
2xcmpt tram the provisions or Chapter l~~, Florida Statutes.
~}eç1:lC;'r. 7. "':'hat Title lJ...., ";'.dministraticn", Chapter 3S,
''Z,iìplcY0t::: Poll..:::':::;:; ¿jr:è Bcnef its", of the Code of Ordinances of the
Ci ty or Dr~lray Beach, Flor ida! be, and t.:h,~ same is hereby, amended by
enact ing " fiG',.' ;::-,OC t ion ~) S . C 5 it:). "'r'¡ot3rcunds For Recall", to :read 'õ¡-S
f 0110\';5 :
:-;c c t. i 0:1 .:. S f G:-:.. 4 S ~ .~·J.r~-~'l './ i c~. ,1"':' i :.:':-l \) i: tIli:.:: '~!1a.pt.e r
(nEJ':~'pJo~r'ec: Poli,cic.s ar~ã l1Qf¡cfi l£~") sr~all not subject an~l perSOll
to m~nlcip~l recall and shall net bG CUIlsidered as grounds for
..., - ....
murl~Clpa~ rcca~~
:;;:e':;t.iç;~: 8. 'I'hcït rl"~t:2 -:-::1. ";;dmlrdstl'atian" I Chapter 35,
"Employee Policies and E,encf its", See tio!l ?,5. 034, "Public Employ~cs'
Rights; Organization and Reprcscnta-c,ion'!, eo!: the Code of Ordinances
of thE: Ci '.:y of Dell' é1Y BecJ.ch.. Flor iàa, be, and the same is hereby
amended, by enacting a new subsection (E) to read as follows:
; E; An:t" fuLl-time employee or of £ lcer of any public
E'mplcyyci.' or emp10yee cn-ganization :flay represent. his employer or
any member of a bargaining ~~it in any proceeding authorized in
thi~ part, excluding the representation of any person or public
employer in a court of la'Ñ by :. person who is not a licensed
attorney.
Section 9. That Tit-Ie III I "Administration", Chapter 35,
"E,î)ployee Policies and Benefits", Section 35.036(À)(4), "Employee
Organization; Registration and Certification", of the Code of Ordi-
nances of the City of Dclray Beach, Florida, be and the same is
heIeby amended to read as follows;
(4) Notification of registrations and renewals of
r~gistration 3hall be furnished at regular intervals by the
C0mmissi on to the IH:v~~ieF. -ð£ -babe):: -of -~ne ··Beþa~~meRt -5£
:=:'aßð.t -,;:U1d -E.'!If\þleymeB~ -·See"u~~y,,:, Division of Labor , Em'Dloy-
~ent and Traininq of the Department of Labor and Employment
Security.
Section 10. That should any section or provision of this
ordinance or any PGrtion thereof, any paragraph, sentence or word be
d~clared by ~ CO\.ll't at competent jur i.3dict.ion to be invalid, such
decision shall nol effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to bc invalid.
::.!Jçt .ion 11. '~'ha t ¿.J 1. C'Idi¡¡an~ÐS or parts of ordina.nces
'..;rách arc 1.ri CG.n: lict hcrel~li th ¿rc hereby repealed.
~
O'R!) Nû. 3-89
-, - .-.--- ~-_.,----- --
.,.---.- ~ - ._----
~~ctic':l " ~ Th:t this ordinan.'::e shall become effe·::tiv,:;
.¿.~.
ilTh'1ledi êl to ly upon il:s passage on s·~corld and final reading, but the
cffcçtìvenes~ shall be cxpre:ssly subject to the formal approval of
the PEF.C: a.nd that upon such appro'JaI, S-scticm 3~. of the Code ~&
v:..
Ordinances ::.;hall be i':.mcnded to :3cc-ura tsl)' reflect: this ordinance
enactment.
?7',SSEI'; ~- ,-~"""'" ;'6-:-¡CPTED ~:_l J :::- \.: ';u 16. r 82-S;';':' :;:1 "..~ s.::corld and final
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S'2:'20nd Rc:c:;¿illg 40_____'__
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C:HD NO. )-- 8 9
MEMORANDUM
TO: Walter O. Barry, City Manager
~,+. ~
FROM: Frank Spence, Director, Development Services
SUBJECT: CONSIDERATION OF TWO ORDINANCES, ON FIRST READING, WHICH AC-
COMMODATE "FLAG LOTS"
DATE: January 5, 1989
ACTION REQUESTED OF THE COMMISSION:
This item was initiated by direction of the City Commission. The
Planning and Zoning Board has recommended on a split vote that the
amendment NOT be made. Pursuant to Commission policy, the Ordinances
have been drafted for First Reading consideration.
Two ordinance are involved since amendments must be made to both the
Subdivision Regulation and the Zoning Regulation.
Should Commission decide to move forward on this matter then they
would approve, on first reading of both ordinances, and setting a
public hearing on these two ordinances which would accommodate "flag
lots".
BACKGROUND:
Direction to create ordinance amendments which accommodate "flag lots"
was given by the City Commission when Mr. Mark Perry, representing the
owner of property, asked that such provisions be made so that two
homes could be built on existing property situated along AlA. The
Planning and Engineering staffs worked together to devise draft
regulations which would accommodate flag lots and which also provided
specific criteria which would have to be met.
PLANNING AND ZONING BOARD RECOMMENDATION:
At it's meeting of December 19th, the Board considered comments from a
number of individuals including a representive of the Beach Property
OWner's Association, and a representive of the property owner who
desires to use the flag lot principle for subdividing his holdings.
The Board then recommended, on a four-to-two vote that the City
Commission NOT accommodate the flag lots. Reasons for the majority
opinion included:
1. That the introduction of flag lots is a concept which is not
appropriate in Delray Beach, particularly in the beach area where
the existence of large lots and large homes should be retained¡
2. That the consideration of flag lots was raised to accommodate
a specific situation and the resulting regulations are applied on
a City wide basis, and on such a basis they are inappropriate.
Those in the minority argued that the amendment allowed a request for
this type of subdivision to be processed and that the decision to
approve or deny would be made on an individual þasis; and, further
that the amendments provided the type of flexibility which is desired
in land use controls.
The administration concurs with the recommendation of the Planning and
Zoning Board ~ to pursue such amendments.
A complete Planning and Zoning staff report is available for review in
the City Manager's Office.
''3 } 1+
RECOMMENDED ACTION:
Should the City Commission decide to move forward with these
amendments then it would be appropriate to approve Ordinance No. 5-89,
amending Chapter 172 of the Subdivision Code and Ordinance No. 6-89,
amending Chapter 173 of the Zoning Code, on First Reading and setting
a date for the public hearing.
FS:cl
Encl
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ORDINANCE NO. 5-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
17, "LAND USAGE", CHAPTER 172, "SUBDIVISION
CODE", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
172.21. "BLOCK AND LOT STANDARDS", BY ADDING
A NEW SUBSECTION eC), "FLAG LOTS", TO PROVIDE
FOR THE DEFINITION OF AND SUBDIVISION
. REGULATIONS FOR FLAG LOTS; BY FURTHER
AMENDING CHAPTER 172, "SUBDIVISION CODE", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 172. 16,
.. STREETS" , BY REPEALING SUBSECTION
172.16 (0) (4) IN ITS ENTIRETY; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
Sect ion 1. That Title 17, "Land Usage", Chapter 172,
"Subdivision Code", Section 172.21. "Block and Lot Standards", of
the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended by adding a new subsection eCL
"Flag Lots", to read as follows:
(C) Flag Lots.
(1) A flag lot is an irregularly shaped
lot which consists of a "pole"
which provides frontage on a public
or private street and the "flag"
which is the buildable portion of
the flag lot. A flag lot subdivi-
sion includes the flag lot and the
· lot adjacent to the "pole" and
located between the ··flag" and the
street. This lot is called the
"front lot". The minimum site area
and lot dimensions of a flag lot
subdivision shall be per the zoning
code (Section 173.093).
(2 ) The minimum width of the "pole"
shall be twenty-five feet (25·) of
which the driveway shall be a
minimum of fifteen feet (15·) and a
minimum of five feet (5·) shall be
provided on each side of the
driveway for drainage and landscap-
ing purposes.
(3) The creation of a flag lot, shall be
accomplished only through the
process of platting.
(4) In determining whether or not to
approve a flag lot subdivision,
special consideration shall be
given to the safety of vehicular
ingress and egress. Considerations
shall include:
,~
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.....-/
- the spacing of driveways;
- the location of adjacent and
opposing driveways;
- horizontal and/or vertical
curve radius along the abut-
ting roadway;
- sight distance considerations.
If, in the opinion of the City
Engineer, an inappropriate situa-
tion is created by the existence of
the driveway in the pole and the
driveway for the front lot, he
shall require that access to both
lot~ be from the pole. In this ~
circumstance, an acce~s easement
and provisions for maintenance of
the common access shall be provided
8S a part of the plat.
(5 ) The common boundary between the
pole and the front lot shall have
special treatment which consists of
one or more of the following:
- a screening hedge with a
height not to exceed three
feet (3 . ) within the front
yard area as mea~ured from the
street; and/or,
- a wall or fence with a height
not to exceed three feet (3 . )
within the front yard area as
measured from the street;
and/or,
;
- a landscaping treatment as
approved by the Community
Appearance Board.
In addition, a limited acce~~
easement shall be provided along
this boundary. Such easement shall
- be controlled by the City.
. (6 ) Utilities to serve the flag shall
be provided through the pole and
not across other private property
unless otherwise specifioally
approved by the City Engineer. A
fire hydrant shall be in~talled by
the driveway of the pole, or at an
equallY suitable looation a~
! determined by the Fire Marshal.
Thi~ latter requirement may be
j waived by Fire Marshal if he deems
it i~ not neoessary for adequate
fire suppres~ion.
Section 2. That Title 17, "Land Usage", Chapter 172,
"Subdivision Code", Seotion 172.16, "Streets", of the Code of
Ordinances of the City of Delray Beaoh, Florida, be, and the same
is here by amended by repealina Subsection 172.16 (0) (4) in its
entirety.
- 2 - Ord. No. 5-89
.
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Sect.ion 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second ~nd
final reading on this the day of , 1989.
"
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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- 3 - Ord. No. 5-89
'0_-
ORDINANCE NO. 6-89
I AN ORDINANCE OF THE CITY COMMISSION OF THE
!.
II CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
;1 17, "LAND USAGE", CHAPTER 173, " ZON ING CODE",
~ OF THE CODE OF ORDINANCES OF THE CITY OF
.I DELRAY BEACH, FLORIDA, BY REPEALING SECTION
'I
II
!I 173. 093, "LOT DIMENSIONS AND SITE AREA", IN
1! ITS ENTIRETY, AND ENACTING A NEW SECTION
I' 173.093, "LOT DIMENSIONS AND SITE AREA",
il PROVIDING FOR STANDARD LOT DIMENSIONS AND
!I SITE AREAS FOR SINGLE FAMILY DISTRICTS,
ij
PROVIDING FOR THE REDUCTION OF THE REQUIRED
¡ FRONTAGES OF LOTS ON CURVING STREETS AND
CUL-DE-SACS, PROVIDING FOR THE DIMENSIONS,
YARD AND LOT AREAS FOR FLAG LOT SUBDIVISIONS,
AND PROVIDING FOR ADDITIONAL ZONING
REQUIREMENTS FOR FLAG LOTS AND FLAG LOT
ì SUBDIVISIONS; BY FURTHER AMENDING CHAPTER
I 173, "ZONING CODE", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SECTION 173.095 "SETBACK
.1 REGULATIONS", SUBSECTION (F) IN ITS ENTIRETY;
'I
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectio'n 1. That Title 17 , "Land Usage", Chapter 173,
"Zoning Code", Section 173.093, "Lot Dimensions and Site Area" ,
/. of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby repealed in its entirety, and a new
ij Section 173.093, "Lot Dimensions and Site Area", be, and the same
!
I! is hereby enacted to read as follows:
Ii
:f Section 173:093 LOT DIMENSIONS AND SITE AREA
I,
i:
II (A) The following are standard lot dimensions and site areas for
II
11 single-family districts:
~ Districts A.œA Width Fronta~e Depth
~
(1) R-1AAA 12,500 sq. ft. 100 ft. 100 ft. 110 ft.
11 (2 ) R-1AAA-B 12,500 sq. ft. 100 ft. 100 ft. 110 ft.
'i
Ii (3 ) R-1AA 9,500 sq. ft. 75*/95** 75*/95** 100 ft.
I (4 ) R-1AA-B 9,000 sQ. ft. 90 ft. 90 ft. 100 ft.
(5 ) R-1A 7 ,500 SQ. ft. 60*/80** 60*/80** 100 ft.
(6 ) R-1A-B 7,500 sq. ft. 60*/80** 60*/80** 100 ft.
,
(7 ) R-1A-C 8,000 sq. ft. 60* /8 0** 60*/80** 100 ft.
* Interior lots
** Corner lots
(B) On curving streets and cul-de-sacs, the required frontages
of lots may be reduced by forty percent (40%), provided the
center line radius of the adjacent street is one hundred
(100) feet or less. Each lot fronting on a cul-de-sac shall
have at least twenty-five (25) feet frontaae.
(C) The following dimensions, yard, and lot area shall apply to
flag lot subdivisions. Also see Section 172.021(C) for
subdivision reaulations which pertain to flag lots.
,4-
II (1) The minimum lot area for the front lot and for the flag
" lot (not including that portion included in the "pole")
.¡
"
:\ shall be as required for the lot area per zoning
:! districts as set forth in subsection (A) above.
:!
'I (2 ) The minimum lot depth for the front lot and for the
I
:! flag lot (not including that portion included in the
Ii
:1 "pole") shall be as required for the depth per zoning
"
Ii districts as set forth in subsection (A) above.
.I (3 ) The minimum lot width for the flag lot shall be as
,!
I' required for the width zoning districts set
:1 per as
~ forth in subsection (A) above. The minimum lot width
:¡ for the front lot shall not be less than the allowed
I,
'I
!I frontage.
II (4 ) The minimum frontage for the flag lot shall be twen-
'I ty-five feet (25'). This frontage shall be the width
of the "pole" portion of the lot. This frontage may be
greater than twenty-five feet (25'), but it shall not
exceed twenty-five percent (25%) of the combined
fronta.ge of the pole and the front lot. The minimum
frontage of the front lot shall be the minimum frontage
for the zoning district as set forth in subsection (A)
above. less twenty-five feet (25').
I (NOTE: The practical effect of the above requirement
is that a fla.g lot subdivision must have, at least, a
, minimum frontage of one hundred feet (100') even if the
I zoning is R-1A.)
(5 ) The setback requirements of Section 173.095 shall apply
!j to the front lot as they apply to a standard lot. They
~ shall apply to the flag portion of the lot as if the
common boundary between the flag and the front lot were
frontage. However, the Planning and Zoning Board may,
" after public hearing (see subsection (6) below), alter
"
j:
:) the location of the yards so that the front yard is
" measured from the extension of the outside boundary of
:: the pole.
il (6 ) In that these provisions for a flag lot subdivision
'I
I,
I allow for a reduction of frontage and lot width, and
,
., may allow for a reorientation of yard relationships to
\1
11 adjacent properties, the action of the Planning and
Zoning Board upon the required preliminary plat shall
,
be proceeded by a public hearing which shall be noticed
pursuant to Code Section 173.917(2).
(7 ) Following the public hearing, per subsection (6) above,
the Planning and Zoning Board shall approve, deny, or
approve with conditions the preliminary plat. However,
in order to approve, or approve with conditions. the
Board must make a finding that the proposed subdivision
is harmonious with the existing development and
character of adjacent properties, nearby properties and
the neighborhood in general.
(8 ) Notwithstanding the previous provisions of this
subsection (C), flag lots and flag lot subdivisions
shall not be permitted in that geographic area located
east of State Road A-1-A.
Section 2. That Title 17. "Land Usage". Chapter 173,
"Zoning Code", Section 173.095, "Setback Regulations", Subsection
(F) of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety.
- 2 - Ord. No. 6-89
~ SP.l"'!t. ion 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
"
:1 Section 4. That should any section or provision of
"
:1
11 this ordinance or any portion thereof, any paragraph. sentence, I
II or word be declared by a Court of competent jurisdiction to be I
invalid, such decision shall not affect the validity of the ì
I, remainder hereof as a whole or part thereof other than the part
,I
I: declared to be invalid.
I'
;i
" Section 5. That this ordinance shall become effective
~ immediately upon passage on second and final reading.
I; PASSED AND ADOPTED in regular session on second and
:1 final reading on this the day of 1989.
\; ,
I'
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,I
:'
r MAY 0 R
I
t ATTEST:
II
II
~
II City Clerk
II
First Reading
Second Reading
I
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~
¡
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'I
- 3 - Ord. No. 6-89
~.
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Hono~~ble Doak S. C~mpbell, M~YO~i
C it>' 0 f De l'r ~ y Be ~ c h ~
100 N.W. 1st A~1enue "
De 1 ~ð,y Beð,ch, F lor ida, 33444 l
,J
Dea.r Nr. t'la.yor; }
/-.
It h~s been brought to my attention th~t re9ulation~ require
bo~rd members to reside within the city 1 ¡mlts and that my
relocation to 80ca Raton maKes me jne1 i9~ble for ,further
se~vice on the Code Enforcement Bo~~d. _
#
My resignation is therefore submitted with regret and with
my thanKs to you ~nd ~he city council for placing this confidence
in me. I bel ¡eve the code enforcement staff does an-excellent job
¡"rld per'for'mc: ê< diffic1J1 t ëo,nd impc,rt.ant TIJnction very ....'el1 indeed.
It has been my priuiledce to work with them'a.nd with the other
- ,
boar'd members. I
I have been asked to con~iderwQ~~inº in the Sister City proºr~m
ê<,S. arl <;,1 t.er'në<,t j '-.1& 1,1,.lëo::·' t.el :e-r '.If' the c ¡b. J n th i s capë<,C i t.:>' J hope
to be speaKing to you in the future. ,
"
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.' &,cé~~77Ýé ~
9ft°~~ '~
"
,,~
cc¿ Wa I ter' Barr:>', C I b' Han~,g~r ,!
Norrna Smith, Cler'K, Cc,de Enfor:cement Board ~
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I(ro
Atlantic Community High School ~
2501 Seacrest Boulevard. Delmy Beach, Rodda 33444. (407) 243-1500
PROJECT GRAIXlATIœ
Statistics have shown ~t graduation night is one of the
most deadly, if not the deadliest, for high schoolers.
I'Hl~CIl)AL
(¿¡mlc H. Shetler November 28, 1988
ASSISTA:\'T PHl~CIl)ALS
Rundy Cooper
Undu Co\\urt Mayor and City commissioners
Bc~'e Duwson City of Delray Beach
EdWu.rd lIums 100 N. W. First Avenue
Ridwm lJoffmeyer Delray Beach, FL 33444
Ahin Perlown
,lean Ann Thwbcr Dear Mayor and City commissioners:
,Jumcs D. "'illiums
Project Graduation is a "chemical" free all-night graduation celebration.
Many students plan graduation parties and other activities where alcoholic
beverages are a part of the plans. Another key element in these preparatio
is the use of automobiles. It is this combination that causes us our
greatest concern.
In order to have a celebration while "protecting" both the students and
the general public, we, the parents of high schoolers, will be sponsoring
Project Graduation. There are now twelve high schools in Palm Beach
County participating in Project Graduation. It is also heavily promoted
by the Florida Highway Patrol.
In order to raise the necessary money, we will be holding various fund
raising functions. However, the past support of the City of Delray Beach
has greatly helped us in meeting our goal.
We urgently request that an amount of $3,000 be included in your budget
in order to assist us in sponsoring this event for our approximately
375 Aen;'ors anð their gue,c;~s.
Thank you for your support in our effort, as parents, to keep our young
people and our corrmunity safe.
Sincerely,
tt~~r
Chairperson
jr
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! 110
MEMORANDUM
TO: Walter o. Barry, City Manager
0e--< ~
FROM: Frank Spence, Director, Development Services
SUBJECT: CONSIDERATION OF A CONDITIONAL USE AND SITE PLAN REQUEST FOR
THE ESTABLISHMENT OF AN AUTO RELATED USE NORTH OF S.E. 3RD
STREET (FRONRATH CHEVROLET)
DATE: January 5, 1989
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of acting on a
Conditional Use and Site Plan request. The request would establish an
automobile related use north of S.E. 3rd Street. The use would be an
extension of Fronrath Chevrolet facilities. The request is governed
by the special automotive use requirements of the SC (Specialized
Connnercial) Zone District.
The Planning and Zoning Board has recommended denial.
The CRA has recommended denial.
The City Attorney has ruled that such developments are not permitted
to "jump" streets. (Memo attached).
BACKGROUND:
The property under consideration includes an existing non-conforming
automobile preparation facility (Fronrath Chevrolet) and the adjacent
Apex Tire Store which is now vacant. These parcels in combined area
do not exceed 1.5 acres, which is the minimum required for
establishment of an automotive use under SC zoning.
While it was initially thought that the project could be approved
since it would be tied to the Fronrath dealership operation, a review
of the regulations resulted in an interpretation that property across
a street could not be aggregated in order to met minimum lot size
requirements.
PLANNING AND ZONING BOARD RECOMMENDATION:
At it's meeting of December 19th, the Board held a public hearing at
which time a member of the public voiced the opinion that residents of
the area desired the Board to stay with the Code as it is presently
written and interpreted.
The Board considered, as an alternative action, recommending that the
Code be changed to either reduce the minimum lot requirement or allow
aggregation across a streetJ however, that alternative was rejected.
The Board then recommended that the request be DENIED based upon
findings that the proposed project:
1. Fails to meet the mi11'imum depth and area requirements
pursuant to Code,
2. Fails to be consistent with Visions 2000 policy statement
addressing auto uses between S.E. 3rd Street and N.E. 4th Street
along Federal Highway;
3. Fails to be consistent with the Land Use Policy Guide with
respect to transitional zoning around the CBD; and
4. Fails to be consistent with the Community Redevelopment Plan
I~ich shows General Commercial (GC) uses north of S.E. 3rd
reet.
1'1
COMMUNITY REDEVELOPMENT AGENCY COMMENT:
The CRA reconunended that the request not be approved since it was
inconsistent with it's plan. A detailed Planning and Zoning staff report is available for review in
the City Manager's Office.
RECOMMENDED ACTION:
Deny the requested Conditional Use request based upon the
recommendation and findings of the Planning and Zoning Board.
FS: cl
Encl
r'LHNNING & ZONING BOARD
CITY OF DELRnY BEACH
--- STAFF REPORT ---
MEET ING o:ITE: Deceaber 19, 1988
AGENJA ITEM: -
Ill. B.
CONDITIONAL USE &
ITEMS SITE PLAN APPROVAl- FRONRATH CHEVROLET EXPANSION NORTH OF 3rd STREET
.
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--=
Legend:
11I- Propo.ed Develop.ant ,
,
I
11I- Current fronrath ,
® .
'ff
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GENERAL DATA:
Owner...........................Denni. Fronr.th Chevrolet
Aqent...........................M.rk Marsh
Diqby. Bridqe., Mar.h ,
A..oci.te.
Loc.tion........................Northwe.t corner of nortbbound
Feder.l Highw.y (S.t. 6th Ave.)
.nd S.E. 3rd St.
Property 5ize...................0.73 Acre. (31.698 Sq. ft.)
(Block 111. Lot. 28-31)
C~ity Redevelopment Pl.n....Gener.l Commercial
City Zoninq.....................SC (Speci.lized Comnercial)
Adj.cent Zonlng.................North, .outh. e..t .nd we.t of
the .ubject pro~rty i. zoned SC.
Exi.ting Land U.e...............The .outh portion (Lot. 30 , 31)
of the property is occupied by .
v.c.nt building, which w.. u.ed
a. .n .utomobile tire .hop in the
p..t. North of the v.cant
building (Lot. 28 , 29) i. an
exi.ting .uto prepar.tion .re.
for the Fronr.th Chevrolet
de.lership.
Propo.ed Land U.e...............Demolltion of exi.tiD; buildlaq.
and construct loa of a aev ..le.
and preparation bull4inq.
W.ter Service...................Exi.tlnq on-.lte connection. from
. 2" water m.in located in the ITEM: III.B.
alley along the we.t boundary of
the .ite.
Sewer Servlce...................Exi.tinq on-.ite connection. from
an I" .ewer main loc.ted in the
a¡ley .lonq the west bound.ry of
the .ite.
~ .
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[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 310 S,E. 1 st STREET, SUITE 4 DELRAY nEACII. FL.ORIDA 33483
407/243·7090 TELECOPIER 407/278-47 SS
HEM0R¡'.NDUM
Date: December 22, 1988
To: David Kovacs, Director of Planning and Zoning
From: Herbert W.A. Thiele, City Attorney
Subject: Confirmation of Discussions Concerning Proposal for
"Jumoing" Streets for Development
This memorandum will confirm our telephone conversations in the
last few weeks, as wøll as responding to your memorandum of
November 14, 1988 with regard to the proposal for "jumping"
streets for development.
In that reçiard, this 'Hill conf irrn that it was my opinion that,
unless otherwise permitted or wai ved by the City Commission,
developments are not permitted to "jump" streets; whether with
a Unity of Title or not, or ot,her pUblic rights-of-'Ñay e;{cept
where such properties are separated solely by an alley as that
is defined in our Code of'Ordinances.
Support for this position appears in Section 173.510(2) of the
Code of Ordinances.
In addition, åue to our concerns over the potential for
proposed developments on either sides of major arterial highway
and the attendant traffic and safety problems, with there being
no specific technical information or criteria established in
the zoning code, t.his opinion appears to be supported by the
current text and the intent of the zoning chapter of the Code
of Ordinances.
That is no~ to say that a modification to the Code could not be
adopted by the City Commission that could permit such "jumping"
under certain circumstances and under certain criteria, it is
only that we do not believe that the current Code of Ordinances
as written permits such a matter as a general development
standard unless specifically waived by the City Commission. If
you desire any additional information on this subject or if you
wish me to discuss it further with yourself or with the members
of the Planning and Zoning Board, please contact me at your
convenience.
¿rei
c Frank Spence, Director of Development Services
Planning and Zoning Board Members
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MEMORANDUM
TO: Walter o. Barry, City Manager
~4----
FROM: Frank Spence, Director, Development Services
SUBJECT: CONSIDERATION OF A CONDITIONAL USE AND SITE PLAN REQUEST FOR
THE ESTABLISHMENT OF A DAY CARE FACILITY (HAPPY TIMES)
DATE: January 6, 1989
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of acting on a
Conditional Use and Site Plan request for a single family home
conversion to a child care center.
The request would establish a day care center for approximately 35
children at the southwest corner of S.W. 1st Avenue and S.W. 2nd
Street.
The Planning and Zoning Board has recommended DENIAL.
BACKGROUND:
The property under consideration is located within a R-IA single
family zoning district and is the location of an existing single
family home constructed in 1947. The zoning to the north is RM-6
(Residential Multiple Family) and R-IA (Single Family) to the south,
east and west. The proposal is to convert a single family house into
a day care center. The property has been purchased for that reason.
As a part of the analysis, information has been provided on the number
of day care centers which exist and which have been approved, their
location, and their capacity. This information has been provided in
response to the expressed concern of City Commission members about the
number and location of such facilities.
PLANNING AND ZONING BOARD RECOMMENDATION:
At it's meeting of December 19th, the Board held a public hearing at
which the applicant presented her case and support was given by others
including a neighbor.
The Board considered all aspects of the request and the implications
of its approval and then recommended that the request be DENIED based
upon the following:
1. Failure to make a finding in support of Conditional Use
Standard H (Compatibility- General Compatibility of the Use With
Adjacent Properties and Other Properties in the Zoning District),
because of the number of similar facilities in the immediate
area.
2. Failure to make a finding in support of Conditional Use
Standard ,J (Economic Effects on Adjacent Property), in-that the
proposed use would have a negative effect upon the stability of
the residential character of the area.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
The CRA supports the position and recommendation of the Planning and
Zoning Board.
,C6
The Planning and Zoning Staff report is available in the City
Manager's Office for review.
RECOMMENDED ACTION:
Deny the requested Conditional Use request based upon the
recommendation and findings of the Planning and Zoning Board.
FS:cl
Encl
P:_ANN I NG B - lNING BOARD
CITY OF OELRAY BEACH
--- STAFF REPORT ---
IEETING [)=ITE: December 19, 1988
AGENJA ITEM: III. c.
ITEM: CONDITIONAL USE - HAPPy TIMES DAY CARE CENTER, SOUTHWEST CORNER OF S.W.lst AVENUE
AND S. W. 2nd STREET
.
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, .GENERAL DATA:
Owner...........................Nathaniel and Mamie Owens
Agent...........................Nathaniel and Mamie Owens
Location........................Southwest corner of S.W. 1st
Avenue and S.W. 2nd Street
Property Size...................12,6S0 Sq. ft.
Community Redevelopment Plan....Single Family Residential
City Zoning.....................R-1A (Single Family Dwelling
District)
Adjacent Zoning.................North of the subject property is
zoned RM-6 (Multiple-Family
Dwelling District). South, east
and west is zoned R-1A.
Existing Land Use...............Single family residence
.Proposed Land Use...............Child Care Center
Water Service...................Existing on-site by connection
into a 6" main located on the
north side of S.W. 2nd St. ...-
. -:1,
, ,- ~
Sewer Service...................Existing on-site by connection
into an 8" sanitary sewer located
on the north side of s.w. 2nd St.
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/)7T/fC H MEN r
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Standard H (Compatibility) -- General compatibility of the use
with adjacent properties and other property in the zoning
district.
A City wide inventory of existing and proposed child care centers
which addressed their locations, capacities, current enrollment
and waiting lists and shows the following results:
Currently Existing Day Care Slots - 1,137
Proposed - Including Centers under
construction, with Site
Plan Approval or under
review - 215
1,352
Total Enrollment 1,066
Total on Waiting List 276
Utilizing 1990 census estimates, there will be a projected 3,510
children within the City between the ages of o and 5. This
figure, however, will include a percentage of infants that are
not in need of child care center services.
Four existing child care centers are located within 1,000 feet of
the present proposal, three of these are within 500 feet (See
Attachment):
Standard J (Economic Effects on Adjacent Properties).
The proposed development is not conducive to maintaining the
current stable residential character of the neighborhood. This
type of redevelopment within a stable neighborhood may effect
retention of residential properties in there current state. An
economic effect may be experienced from the nonresidential
appearance the development will project (see discussion under
Site Development Standards *2 and 5).
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CHILD CM£ ~ '
WITHIN 1.000 nET WI'l'HIN 2,000 ra:r
~BAPLty Enrolled Vaiting Ca~elty Inrolle4 Waitl
List .J.r..U
I.Tac¡ Day Care 4~.~ 0 4) Little Friend. IUftder9anen .5 .5 40
11 7 $V 3rc1 Str_t 400 S. Swinton A_nue
Phone: 265-0175 Phone: 272-2622
All.. : 3 1/2 _, to 5 yr.. AIle.: 3 to IUftde~9a~t.en
~TtI. hn.hlne Place 60 60 0 S) Young Tiny ToU n.7-
11' $V 2nd A_nue 342 $III 6th A_nue
Phone: 26S-1177 Phone:, 276-5111
AIle.: 2 to 5 1'1'.. ..: 3 110.. to 4 y~..
lSt. .aul·. Day School 36 36 -, )YOUI'I9 Tiny ToU II .,..-
1" S. Swinton A_ $III 6th A_nile
Phone: 27'-472' No Addre.. (Under Con.truetion) .
All..: , to 5 1'1'..
tc_nlty Child Care center J5 J5 200· a)nut Ye~r. Qualhy Care )0 - -
215 SE 1.t A_nile -rlo~ence I"~ sa 1." A_nue (NW COrner of
Phone: 276-0520 hUer U In Aft. . SE Uh Street)
AIle.: 2 co 5 1'1'&. Un C&plÞCity "ill be 30 children
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Vl'fttl11 2.000 nET 211 211 40
Vlft111 1.000 nET 111 11! ...2
1'OI'AL vtt.l'I1n 2.000 reet )'7 )H 40
200
. -Doe. not include 7t .1OÞ ~1ther apprewed or under eon.cnaeclOD. '
..Include. County 11.t, rlorenc:e Fuller U.t. nonprofit.
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One Hundred and seventy six day care slots exist within 1,000
feet of the proposal. The applicant has rationalized the addition
of another day care center to service the local Black and Haitian
population which she thinks are under represented in the existing
facilities. In pOlling the above day care slots the following
demographic mix was determined:
- Tag Day Care (Formerly Sunshine Place II)
3 1/2 months to 5 years old
117 SW 3rd Street . .
Capacity - 45 children 40 Black/Haitian Children
Enrolled - 45 children 5 White Children
- The Sunshine Place
Ages 2 to 5 years old 54 Haitian Children
216 S.W. 2nd Avenue 2 White Children
Capacity - 60 children 3 Black Children
Enrolled - 60 children 1 Hispanic Child
- St. Paul's Day School No Response
Ages 3 to 5 years old
188 S Swinton Avenue
Capacity - 36 children
Enrolled - 36 children
- Community Child Care 30 Black Children
Ages 2 to 5 years old 4 White Children
215 S.E. 1st Avenue 1 Hispanic Child
Cap~city - 35 children
Enrolled - 35 children
It appears any arguments as to bias of existing centers with
regard to.race are unfounded.
,The following additional facilities are within 2,000 feet of the
proposal before you (See Attachment).
- Little Friends Kindergarten
(First Baptist Church) (3 to 5 year olds)
400 S. Swinton Avenue
Capacity - 85 children
Enrolled - 85 children
Waiting List - 40 children
- Young Tiny Tots
. (three months to 4 years old)
342 S. W. 6th Avenue
Capacity - 47 children
Enrolled - 47 children
- Yöung Tiny Tots II,
S. W. 6th Avenue , .
Under construction t
Capacity - 49
The following facility is also within 2,000 feet and has received
site plan approval; however, to date, it is not under
construction (~ ~~):
First Years Quality Care
346 SE 1st Avenue
(NW corner of SE 1st Avenue and SE 4th str~et)
Capacity will be 30 children
...
EXISTING CHILD CARE CENTERS
Capacity Enrolled Waiting
~
Alpha-Time Children's Center 99 99 63
770 SW 12th Terrace
Phone: 278-7771
Ages : 3 mos. to 5 yrs.
Community Child Care Center 35 35 200*
215 SE 1st Avenue
Phone: 276-0520
Ages : 2 to 5 yrs.
Daughter of Zion Little 33 20, 6
Lamb Day Care Center
Phone: 272-8696
Ages : 2 1/2 to 5 yrs.
. .
Kenland Academy 57 57 0 r
601 SW 6th Avenue
Phone: 276-6201
Ages : 6 mos. to 5 yrs.
Kiddy Kampus Nursery 68 68 75
School & Kindergarten
. 115 SW 10th Avenue
Phone: .278-3115
Ages : 3 mos. to 6 yrs.
Lake Ida Day Care Center 18 6 10
455 Depot Avenue
Phone: 243-0353
Ages : 3 to 5 yrs.
Little Folks Day Care & 77 77 25
Kindergarten
326 NW 7th Avenue
Phone: 276-2920
Ages : 8 wks. to 5 yrs.
Little Friends Kindergarten 85 85 40
400 S. Swinton Avenue
Phone: 272-2622
Ages : 3 to Kindergarten
.
Montessori Academy of Learning 45 35 0
. 1429 NE 3rd Avenue
Phone: 278-8079
Ages : 2 1/2 to 5 yrs.
*Receive Referrals from Florence Full Child Development
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123 World 33 26 10
2225 NE 3rd Avenue
Phone: 278-0123
Ages : 6 wks. to 5 yrs.
Sugar Plum Tree I 21 16 0
203 North Dixie Blvd.
Phone: 276-6610
Ages : 2 to 5 yrs.
Sugar Plum Tree II 46 26 0
(Address Same as Above)
The Sunshine Place 60 '0 0
216 SW 2nd Avenue
Phone: 272-3639
Ages : Infants to 5 yrs. ' ,
t
Tag Day Care 45 4S 0
117 SW 3rd Street
Phone: 265-0175
Ages : 3 1/2 mos. to 5 yrs.
The Training Depot Preschool, Inc. 40 38 4
. 831 SE 4th Avenue
Phone: 265-1177
Ages : 2 to 5 yrs.
Wee Care at Cason 56 68 12
312 N. Swinton Avenue
Phone: 278-9331
Ages : 4 mos. to 4 yrs.
Young Tiny Tots 47 47 -
310 SW 6th Avenue
Phone: 276-5111
Ages: 3 mos. to 5 yrs.
Young Tiny Tots II 49 - -
(Under Construction)
Honey Bee's Naps & Laps 22 22 15
601 NW 6th Avenue
Phone: 498-8139 .
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Atlantic Park Child Care - - -
102 SW 12th Avenue
- Not Applicable or No Response
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Girl and Boy Land - - -
115 SW 11th Avenue
Wee Wisdom Montessori 120 110 0
101 NW 22nd Street
Phone: 276-4414
Ages : 2 1/2 to 6th Grade
Seacrest Preschool 60 56 0
2703 North Seacrest Blvd.
Phone: 276-5552
Ages : 2 to 4 yrs.
St. Paul's Day School 36 36 1
188 S. Swinton Avenue
Phone: 278-4729 ' ~
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Ages : 3 to 5 yrs.
Delray Target Area Center - - -
600 SW 15th Avenue
. Pullum's Playskool (Pullum, Mary) 34 34 15
620 SW 8th Court
Ages : 2 1/2 to 5 yrs.'
TOTALS 1,186 1,06'..... 276
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+ 200·
Nonprofit
PROPOSED:
Community Child Care Center 60 - -
NW Corner of Lake Ida
Road and NW 4th Street
Small World Child Care Facility 2' - -
302 SE 4th Street
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First Years Quality Child Care 42 - -
346 SE 1st Avenue (NW Corner of
SE 1st Ave. , SE 4th Street)
Happy T 1mes Child Care Center 3S
200 SW 1st Avenue S 1"~-rD,",C. ,eet.
TOTALS 1,352.' 1,06' 476*
- Not Applicable or No Response
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MEMORANDUM
TO: Walter O. Barry, City Manager
~4. ~
FROM: Frank Spence, Director, Development Services
SUBJECT: CONSIDERATION OF A SITE PLAN AND THE ESTABLISHMENT OF AN OF-
FICE USE IN THE RESIDENTIAL OFFICE (RO) ZONE AT 132 NORTH
SWINTON AVENUE (O'HARE)
DATE: January 5, 1989
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of acting on a
Site Plan request and consideration of numerous exceptions to the
Code.
The request would establish professional offices as a use upon
property in the RO Zone District. The site is located at 132 North
Swinton Avenue in the Old School Square Historic District.
BACKGROUND:
This site and the building thereon have undergone renovation in
preparation for conversion from residential to office use. The
buildings are non-conforming with respect to setbacks. The site
provides constraints which presented the need variances. The Historic
Preservation Board has granted variances which are within it's
purview.
One item from which the owner will seek relief is that of the
requirement for paving the parking and maneuvering area. This item
can only be waived by action of the City Engineer. In this case the
owner wishes to use pea-rock as opposed to other hard surfaces which
are acceptable, and accordingly, the City Engineer has opted not to
accept the pea-rock surface. The manner in which relief may be
considered (and granted) is being explored by the City Attorney and
will be reported upon at Tuesday evening's meeting.
REQUESTED VARIANCES:
Mr. O'Hare has requested six (6) variances in a letter to the Planning
Director, a copy of which is attached.
Item 1 Re. Parking Area Surface.
Discussion with the City Attorney's Office has determined that if
the Commission is inclined to grant the request for pea-rock
surface, then the provisions of Ordinance 47-86 (City Commission
Waiver of Ordinance Authority) should be followed. This will
"require action following a public hearing at the next meeting of
the City Commission.
The City Engineer has not granted a waiver for the parking
surface. The current Code requires that all parking areas be
improved with a surface material acceptable to the City Engineer.
It has been their practice to require a paved surface for parking
lots and driveways where the parking is used for commercial
purposes. Exceptions have been granted to some residential
property and parking areas where parking is used only
intermittently.
Item 2 Re. Allowing Existing Planter to Remain Unchanged.
The justificati~n given by Mr. O'Hare is reasonable and the
Chief Building Official recommends that the modification be
granted.
Item 3 Re. Provision of Non-Mountable Curbs 1'1
Staff concurs with his argument re~arding no need for curbing it
the end of parking sbaces. Even hough the Code requires a
proper protective cur ing" be installed, it is the opinion of the
City Horticulturist and the CBO that landscaping timbers may be
used in lieu of concrete curbing.
Item 4 Re. Substitution of Ground Cover
The request is acceptable, however there is concern about the
ability to establish the material. Mr. O'Hare is responsible for
the firm establishment of the requested ground cover.
Item 5 Re. Reduction of Trees Along Boundary Line
The creation of special boundary treatment between residential
and non-residential land uses is apparently an item initiated by
direction of the City Commission. Its application is consistent
with previous direction and action of the Commission. Any
variation from this policy could only be done by the Commission
itself.
Item 6 Re. Handicapped Accessibility
The requirement for a designated handicapped parking space is
required by the Zoning Code and cannot be modified by the City
Commission. The proper avenue for relief of the parking
requirement would be by variance from the Historic Preservation
Board.
Exem~tion of building modifications for accommodating the
hand~capped is appropriate and is allowed by the Chief Building
Official. No Commission action is necessary.
The point of contention is the provision of a landing area and
ramp to access one of the buildings. Since the parking space is
required, it appears reasonable to provide for the safe and
convenient access of handicapped individuals to one of the
buildings. If modifications are necessary to the design of the
ramp or landing, they can be accommodated through authority of
the C.B.O. However it is appropriate that a ramp and landing be
provided.
PLANNING AND ZONING BOARD RECOMMENDATION:
At it's meeting of December 19th, the Board recommended approval
subject to the following conditions:
1. That prior to the issuance of building permits, revised plans
indicating the location of all utilities including water and
sewer lines be submitted and a determination of adequacy of
service be made by the Public Utilities Department,
2. That a revised site/landscaping plan addressing the items
identified in the "Technical Review· portion of the Planning and
Zoning Staff report be submitted to, and approved by, the City
'Horticulturist prior to the issuance of building permits and,
3. That if the pea-rock surface is not allowed, a revised
drainage plan and associated calculations be provided.
In considering the matter of the surface of the parking, the Board
recommended that favorable consideration be given to allowing the
pea-rock surface to be used.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
The CRA recommended that the request be granted at their meeting held
January 4th.
HISTORIC PRESERVATION BOARD:
The Historic Preservation Board issued a C,rtificfte tR~
Appropriateness for this project and granted wa1vers or
following:
1. Reduction of the driveway width¡
2. Reduction in number of parking spaces and¡
3. Deletion of stripping requirement.
The Planning and Zoning Staff report is available in the City
Manager's Office for review.
RECOMMENDED ACTION:
Approval of the site plan subject to the conditions as recommended by
the Planning and Zoning Board.
Also, take appropriate action on the request to have pea-rock as the
parking area surface, pursuant to advice from the City Attorney.
FS:cl
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December 28, 1988
Mr, David Kovacs
Director
Dept. of Planning & Zoning
City of Delray Beach
100N,W.1stAvenue
Delray Beach, Fl 33444
RE: O'Hare Professional Office/132 N, Swinton Avenue
Mr, Kovacs,
This letter is a formal request for your review of the following
items and placement of these items before the City Commission on
their January 10th meeting agenda,
Item 1
Section 173,772(B) of the Delray Beach Zoning Code requires a ..
paving surface acceptable to the City Engineer. I request the
existing rolled pea rock over compacted 6" shell rock base be allowed
for all parking and vehicle use areas, except where concrete is
already in place,
Item 2
Section 159.31(A)4 of the Delray Beach Zoning Code states"A
portion of the landscaping for interior parking spaces,.. may be
ß~ relocated. ..in achieving greater overall aesthetic effect." I request
that the existing island planter at the north side of the single car
garage be allowed to remain as built. The existing on-site
landscaping exceeds minimum requirements and is an adequate
substitution for Staffs requested increase of this planter to 5' in
width,
Item 3
Section 173.772(D)4 of the Delray Beach Zoning Code requires
"landscape islands shall be protected with non-mountable curbs at
least six inches in height. Section 159,02 states that "where car
~ stops in parking spaces prevent encroachment. no other curbing is
required, " I request that the proposed wheel stops and the existing
wood 1 x 6 edging be considered adequate and that no further curbing
\SC\.oz- ~ be required, This is in compliance with Section 173.390 which
.r'l requires that "all buildings... shall appear to be residential in
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Mr, David Kovacs
December 28, 1988
Page 2 of 3
character and ... shaH be generally compatible in architectural style
and scale with the surrounding area."
Item 4
Section 159.29(B) of the Delray Beach Zoning Code requires sod in
the unpaved portion of the county right-of-way. Section 159.28(E)
provides that ground covers may be used in lieu of grass, in whole or
~I~'~ part. I requesllhal the ground cover Tribulus cistoides (which is
recommended for roadway planting by the Florida Department of
1P~.,)o . Agriculture in Native Trees and Plants for f10rida Landscaoing) be .
qo J"'as a110wed in Heu of grass in the right-of-way.
Item 5
Section 159.30 of the De1ray Beach Zoning Code outlines the required
landscape barrier between the off-street parking area of vehicle use
area and abutting properties, This inc1udes one tree for every 40
linea1 feel of landscape barrier in residentia1 properties and one
c~ tree for every 25 Jineal feet in commercial or industrial properties,
I request that the existing tree material on this site be considered
adequate, as this carefu11y laid out planting is more compatible with
the residential character of this area than the required overcrowded
tree 1ine which is intended to modify the effects of a conventional
commerical or industrial property.
Item 6
Section 101.6 of the Standard Building Code "Special Historic
~~t1>~ Building" exempts historic buildings from handicapped accessibliity
requirements, "which are identified and classified by the state or
Òf># \c~' local jurisdiction as historic...." I request this property which is
composed of three historic structures and Hes in a designated
historic district be exempt from the handicapped accessibiHty
requirements,
Mr. David Kovacs
December 28. 1988
Page 3 of 3
Your attention to this matter is appreciated.
Ch ' tophe F. ç~ù~cL
'Hare
Owner .
132 N. Swinton Avenue
DeJray Beach, FL 33444
407-272-4595
..
MEMORANDUM ~
To: Walter Barry, City Manager ,
Via: LuIs Butler. Community Improvement Director ~
From: Nancy Davila, Horticulturist/Special Projects oordinator ~~
Re: LINTON BOULEVARD BEAUTIFICATION REVISIONS
Date: December 30, 1988
Proposed development of the Albertson's Shopping Center on the N.E. corner
of Military Trail and Linton Boulevard has necessitated design changes in
the beautification project currently underway.
Conditions of site plan approval require that left hand turn lanes for east
bound traffic on Linton be built, and require the additional dedication of
property contiguous to the north right-of-way/property line which will move
the ultimate right-of-way approximately 23 feet north of its present
location.
In broad terms, these required improvements will have the following impact
on the beautification project:
l. Landscaping and cut-outs proposed within the sidewalk on the north
side of the road will be deleted. This represents 4 Washingtonia
Palms , 5 Tabebuias and some groundcovers. The developer will
review the landscaping proposed within the 30 foot deep landscape
strip for the Albertsons property to maintain some continuity with
what the City is doing within the right-of-way.
2. The two medians immediately east of Military Trail will be
modified,. The one closest to Military will begin to taper
approximately 200 feet east of the Trail. After the taper begins
it will be too narrow to plant trees (per County requirements) and
thus, those materials will be deleted.
The second median will be turned into a concrete traffic separator
and therefore all the landscaping will be eliminated.
Although it is too late to modify the irrigation plans, as most of that work
has been completed, The landscape contractor will be notified of these
changes and modify the plans as directed to take future changes into
consideration.
A change order to delete specified plant materials is attached herewith.
This will result in a net decrease of $7,412.00 from the existing contract.
In speaking with Bob Lawson from the Engineering firm of Lawson & Noble,
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representing the developer, I told him that the City would expect that the
expense for any needed changes to the existing irrigation system be borne by
the developer. As the City is currently under contract with Mc Coy
Irrigation, whose warranty will be in effect for a year after the irrigation
work is accepted, I would expect that the work would have to be done as a
change order to their contract to maintain the validity of the warranty.
There is a chance that with the tapering of the first median that the pump
may have to be shifted to the north within the median to respect the 4 foot
clearance from the backside of the curb as required by the County.
Albertson's time schedule suggests that they will have revised site plans
and final plat approval by March of 1989. I hope that the developer can be
encouraged to undertake this work as soon as possible so that the City can
have a finished roadway project, without having the first two medians half
completed until the Albertsons is finished.
Please schedule this change order request for the Commission meeting on
January 10, 1989.
cc: Frank Spence
Gerdd Church
Kurt Kettelhut
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CHANGE ORDER
No. 1
Dated 12-30 ,19B-ª-.
Project No. Bid (I 88-105, Purchase order (I 016739, project 333102
Project Name: Linton Boulevard Landscaping between Military & CSX Railroad
Owner: City of Delray Beach, Florida ,
Contractor: Tuttle's Nursery & Landscape
Contract Date: November 7, 1988
To: Bri pn T1,ttla" oT,,""er ""t-1-1 a' cp bT1IT~EÞry Iv , Contractor
Landscape
You are directed to make the following changes in the subject contract:
- Delpt'p it'pm~ ~hntJn in !':("hpnlllp "All .<It't'.<Irhpn
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which changes are more specifically described in the, attached amended plans, drawings, and
specifica tions.
The reason for the change is as follows: Pending development of the Albertsons Store which
will be contiguous to the north right-of-way!property line necessitates design changes
as the medians will be reconfigured for turnin lanes into the center. Portions of
the median closest to Military will be concrete and the second medain wi e tota y
TRg~c6rft~ãct price and contract time shall be adjusted because of such changes as follows:
A. Contract Price
1. Contract price prior to this change order: $17C;,flRR.OO
Page One of Two Pages
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CHANGE ORDER i 2......
2. Net inereasg resulting fròm this change order: Net decrease $7,412.00
3. Current contract price including this change order: ~1';A.'7F. nn
B. Contract Time
1. Contract time prior to this change order: 120 days
2. Net increase resulting from this change order: no chan~e
3. Current contract time including this change order: 12-27-88 throu~h 4-25-89
City of Delray Beach, Florida, OWNER
By:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
.
The above changes are accepted on , 198_. I understand that all the
provisions of the Contract Document related to Project No. which are not
inconsistent with the terms of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
Witness:
, CONTRACTOR
By:
As to Contractor Title
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Page Two of Two Pages
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Attachment "A"
Change Order Request ILandscaping Linton Boulevard
The following plant materials and work will be deleted from the contract for
landscaping on Linton Boulevard Bid # 88-105:
Quantity Plant Material Unit Price Total Price
* 4 Washingtonia robusta 16' ht $ 250.00 $1,000.00
* 11 Tabebuia argentea 12' ht x 6' 160.00 1,760.00
* 20 Pennisetum set. cupreum 8.50 170.00
1 Washingtonia robusta , 14' O.A. ht 250.00 250.00
1 Washingtonia robusta, 16' O.A. ht 250.00 250.00
1 Washingtonia robusta, 20' O.A. ht 500.00 500.00
3 I1ex cassine 12' ht x 6' spread 175.00 525.00
25 Tripsacum dactyloides 8.00 200.00
3 Live Oak 16' x 8' spread 275" 00 825.00
120 Nephrolepis exalta 3.50 420.00
120 Chrysolabanus icaco 9.00 1,080.00
* 9 2' x 3' pavement cutouts, $9 s.f.(54 s.f) 432.00
$7,412.00
* These plant materials and work are on the north right-of-way/property line and
must be deleted as an additional 23 feet will be dedicated on the north side
of the right-of-way to accommodate a turn lane for the new shopping center. As
a consequence, the cut-outs original~proposed for the sidewalks will be omitted
as the sidewalk will be relocated. The developer is providing a thirty foot
wide landscape strip on the subject property.
The remainder of the plant materials fall within the first two medians immediately
east of Military Trail. Within the first median, only the first two groupings of
Washingtonias will exist. The second median will be converted into a concrete
separator and thus all plant materials will be deleted.
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5 January, 1989
City Of Delray Beach
100 N.W. 1st Avenue
De1ray Beach, FL 33444
ATTN: Walter Barry
City Manager
RE: Saint Mary's Church
Dear Mr. Barry:
Could you please place on the agenda for the next Conunission
Meeting a request for waiver of the Bond and the installation
of a sidewalk for the above mentioned project.
As conditions now exist, if a sidewalk was put in place it would
go to no sidewalk to no sidewalk, as there are no existing
sidewalks within approximately 400 yards of the project.
The Church agrees if City installs sidewalks on the City property
(Golf Course) and adjacent private property owners also install
sidewalks then the Church will do the same.
Further it would be agreeable to have the City place a Lien
against the Church property in the event that we do not comply
in a timely manner.
Sincerely,
~4
For the Vestry of Saint Mary's THe Virgin
American Espiscopal Church
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[ITY DF DELRAY BEA[H .~ ~,
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CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DILlU Y BEACII, ¡:LORIDA 33483
407/243-7090 TFLECOPIU{ 407/178-4755
!>íENORANDUM
l)a te : .January 6/ 1989
~~v
:1'0: Ci ty f':c)In.Tfiissio11
F~:'::m: J'.:::ffrey S. Kurtz I !-"Ssist_éint r"':: ~...... fo.. 't "c.or!ìe~ì
',- ,L ~,'y
Subject: Contract with Joint Venture
Attached hereto please find a letter dated January 5, 1989' from
Tom Hinners expressing Joint Venture's concerns ':Jl,th the
proposed contract for the Auburn 'I'l-acê 1 c sale. Below we
~anQ
¡,áll at te.,''\lpt to respond to Nr. Hinners' CO;'1cerns from staff's
view point. It is important. to have this contract executed as
expeditiously as possible and it lS my understanding that Mr.
Hinners: chief concern v-1Ìth the corrtrac't lS .¡..- indemnification
LHe
provision and therefore staff will be looking to the Cor:~ission
f'~~ direction on that item as well as the o'Che:!:'s mentioned In
~_U..L
~1r . Hin11er-s' letter on Tuesday, January 10. You should note,
ho,.¡ever / that direct comparisons +-~ ....'\....-. 1'- -+- contract proposed
LV L11t::: Cl~L
by Procacci is inappropriate for several. reasons, including the
difference in time periods canternplated for repayment of the
City's matching funds, the change in circumstances that have
occurred since the Procacci contract was discussed, and the
fact that the contract Mr. Hinners refers to was never executed
by the City.
-"'- to the concerns on payment for title insurancef it 1.S not
no:>
unusual in real estate transactions for the buyer to be respon-
sible for all costs of closing, including those associated with
procurement of title lnsurance'. When the Ci ty was considering
Procacci's last proposal, we were further contemplating a
simultaneous closing on the acquisition of +-'\...,~ Housing
L!lt:::
Authority property and the transfer of land to the developer,
'.¡lhich \.¡ould have resulted in certain savings for the City. As
the Cormnission is a\o,are, the City has already purchased the
land from the Housing Authority and made partial payments
towards that land acquisition and thus have lost interest
income on those monies since the time of closing. The shifting
of title lnsurance costs from the City to the developer is an
attempt to partially minimiz.e the monetary effects of the two
separate closings that are now necessary.
"
City Commission
January 6, 1989
Page 2
By conveying property through a Warranty Deed, the seller gives
the buyer certain guarantees which may subject the seller to
liab:U,i ty at some future date, whereas when property i.s con-
veyed t.hrough a Quit-Claim Deed, the seller àoes not give any
such guarantees. There are t\...o substantive aspects to this
transaction that cause some concern about the conveyance of the
property. 'fhe first and most import,ant lS our knowledge t.hat
at. least a part of the property was usee as a dU.i11p In the past.
The transfer of this property by Qui t-Cla,im Deed, and state-
ments in the contract that the land is being sold as is, are an
attempt to insulate the City from future liability to the
de:'N?:loper and any third parties as a result of the soil condi-
tions. Secondly, title to the property goes back Lhrough LDC
County and the Housing Authority, twCJ government agencles with
various rules and regulations for the disposition of property.
II a bureaucratic procedure was mishandled putting a cloud over
title to the property, the conveyance by a Quit-Claim Deed will
hopefully insulate the City from responsibil.ity for seeking a
cure to the àefect. In a similar situation where the City
transferred the courthouse property to the County, it was
through a Quit-Claim rather than through a Warranty Deed. In
retrospect, it would nave been ,vlser for the City to have
transferred the property to r·lr. Procacci through a Quit-Claim
Deed rather through a Warranty Deed as ,,,Yell.
~ýhile it is true that the proposed contract betv¡een Procacci
and the City did not. include an inàemnification provision, t_hc
only contract that was ever executed by the City and procacci /
which Mr. Hinners helped negotiate " did contain the saIne or
similar indemnification language. The' COrT1l'nission may recall
that at the time of the origL~al UDAG application, FPA Corpora-
tion was contemplating an action against the: City and with that
threa.t in the background, Procacci agreed to indemnify the
Ci ty - At the time of the second proposed procacci contract,
FPA!s challenge or any other parties' challenge did not seem to
be forthcoming. Nonetheless, it wou.ld have been, as it always
is, prudent for the City to have included such a provision in
the agreement. Tn the instant situation, Procacci has sent the
City a claim letter, which the Com~ission rejected. However,
if the matter is to be litigated, the City Attorney's Office,
will ln all likelihood, be unable to appear as defense counsel
due to the probability that some, if not all, merr..bers of the
office would be called as witnesses during the course of
litigation. Therefore, although our oÍfice~s opinion continues
to be that there is no basis to i1r. Procacci I s claim, the
defense of the matter could result in considerable expense to
the City. Since the primary financial beneficiaries of this
project will be the Joint Venture Partnership, and in an effort
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City Com,!:Ússion
January 6, 1989
Page ....
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to minÜni,ze ~_he City's financial participation, it is felt by
by OUl:' office that indemnification of the City is appropriate.
Sir-Hi lal-ly it 1,S felt-, with the benefit of some hindsight, that
,...~. ,-,.. Cornmissio!ì control over who the City was dealing with
\.' ~- L.:r
W(")u.]_d 1.1e advantageous. Therefore, the assignability language,
\-j 1-! i (~:-1 ?'-1 r . I-i1.nnc-;:s complains of, was included in the agreement.
71-1 e d~;siqnabi Ii ty provision does not prohibit ~ ... ....~
ass,LgnmenL L-' '
()ther erlt-ìt:ìes, rather ' , lDsures that through closing on t.he
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::-}.ropr~rty , t,hc City w.i,ll be able to approve or disapprove of aro",.,
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S lJ. C 1'1 t.r ansrer- ,,~ evi.dence of the simplicity of such t,rans-
t"\;':)
fersl one only has to look at the partnership itself which has
ç; r Ofilf'l £ reYn the time of their original proposal. To a\loid the
t ransf'2r ~+ t-1""; ¡C!o partnership to entities which the CorrmÜssion
v..:...
- , " undesirable~ 't- is recornmen,dation that the provi-
may t1nc l~ our
s J~Clr1 remain lrl t.f1e agreement. I'!oreover, it \.¡as staff's percep-
tion ...."\-.. ....... .1- trle Commission and the Joint Venture Partnership are
l_l.i.'::::' L
:L-ely'""ing t.o a great extent- on the individual talents of the
g 1-':J t1 f) t.hat nas been assew.bled, and the absence of one or ;110rc
members ..._J: ~:11e partnership could prove detrimental to the
u1..
proJect..
, It is stafÍ's opinion that the addition of the \-10 rd IIreascn-
ably" as it relates to offsite drainage andíor road improve-
ment.s, \":Could '!r..o superfluous and potentially cause some confu-
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SlOi!. This development, like all similar developments, \'iÍIl go
through the site plan process and "t- will be the Commission
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itselÍ that decides what drainage and off site improvements- are
nccessita..ted by this project and as always, the Commission will
orÜy impose reasonable and necessary requirements on the
developer. The confusion that may result by the inclusion of
this term is that the developer may contend that they have some
arguJnent beyond the City Com.r¡:¡ission hearing on site plan
approval as to v¡hat 15 reasonable and necessary and that
somehow an interpretation of reasonableness is called for,
pursuant to the pl-ovisions of the contract. Therefore, " ... lS
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our recommendation that the word "reasonably" not be inserted
in subparagraph 1 . V
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The staff does not have: any strong objection to the words
IIproposed amendedll being inserted in subparagraph 12.2\ prior to
the word 11 UDÞ.G" , although it is our opinion that since the
entire agreement is contingent upon HUD approving the UDAG
modification, the existing language in paragraph 12A is suffi-
eient to protect the developer's interest.
As to the reduction in the amount of land to be dedicated. to
the City, our office. does not have any real objections although
tl~e question might be better addressed. by Messrs. Spence,
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City Commission
January 6, 1989
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'Kovacs -~,.:¡ \·;e ldon as to whether the two acres of park land
::1.-lJU
would l)e sufficient for the City to develop and. maintain. It
fnt3.}7" be more economical that the City s.imply waive all park and
recreation fees and require that the two acres be maintained as
open space as a site plan . .¡... further reqì.1Ìring that
regUJ,remenl.-
Jo,ìnt Venture develop and maintain the area.
""!"....-. concluslon, as with anything that is brought before the
III
CO!'nmission, staff feels that the provisions of the contract are
reasona.ble and that the developer vÚll be willing t.o agree to
thf~ various provisions ~ -f t,he Corrmlission feels those provisions
,L_
are important.
J'SK:sh
Attachment
cc: ~'¡alter O. Barry, City Manager
Herbert W.Þ.. Thiele. City Attorney
Frank Spence, Director of Development Services
Lula Butler, Director of Community Improvement
Da\ïid Kovacs I Director of Planning and Zoning
Joe Weldon, Director of Parks and Recreation
Thomas ,,,, Hinners, Consultant,. Auburn Trace Joint Venture
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AUBURN TRACE JOINT VENTURE
80 Depot Avenue
Delray Beach, Florida 33444
(407) 278-0826
January 5, 1989 r-f ".'''h '<:, -
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Mr. Jeffrey S . Kurtz
Assistant City Attorney
City of Delray Beach
310 S.E. 1st Street
Suite 4
Delray Beach, Florida 33483
Dear Jeff:
We have reviewed the draft of the Auburn Trace Purchase and Sale
Agreement, and compared it to the most recent contract offered to
Procacci, and note the following changes:
I . In paragraph 6 we are called upon to pay for the title
insurance whereas Procacci was not;
2. In subparagraph IIF it is provided that the conveyance will
be by Quit Claim Deed, whereas Procacci's contract called for a
Warranty Deed;
3. In paragraph 17 we are called upon to indemnify the City with
respect to any claims brought against the City as a result of the
City entering into the land purchase contract or transferring the
UDAG award to Joint Venture; and
4. In paragraph 14 Procacci was authorized to assign the
Purchase Contract to a limited partnership wherein Procacci would
be a general partner, but Joint Venture was not so authorized.
The Joint Venture does not feel that it should be held
responsible for any litigation brought by Procacci or others. As
a result of the substantial reduction in density, we are
operating on a thin profit margin and there are no funds
allocated for defending or indemnifying the City. We did not
include any such offer as part of the proposal accepted by the
City, and it is not reflected in our cost budget. We would agree
to indemnify the City with respect to any loss resulting from any
actions of the Joint Venture, its partners or its consultant.
It is our intention to assign this Purchase Contract to Auburn
Trace, Ltd. , a limited partnership in which Auburn Trace Joint
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Page 2
January 5, 1989
Venture is the general partner. Limited partner investors would
have no voice in the operation of the partnership and the
relationship between Joint Venture and the City would remain the
same. The limited partner investors have not been definitely
identified yet, but there may be in excess of 100 such investors
and I assume the City would have no interest in their identity.
We would at this time request that the City authorize this
technical change in form, as it had for Procaccio
We would request that the word "reasonably" be inserted in
subparagraph lIE in the sixth line after the words "offsite
drainage".
We would request that the words "proposed amended" be inserted in
subparagraph 12A in the third line before the word "UDAG".
Subparagraph llC calls for approximately four acres of the
property to be dedicated for use as City park, and we would
request that that be changed to two acres. Most of our units are
one story units, each with its own enclosed secure yard, and that
reduces the available land for dedication and also reduces the
need for public park.
Thank you for your consideration.
Kindest regards,
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THOMAS G. HINNERS,
Consultant
TGH:B
AUBURN TRACE JOINT VENTURE
80 Depot Avenue
Delray Beach, Florida 33444
(407) 278-0826
January 5, 1989 RfC'....r'!:"í.) -
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Mr. Jeffrey S. Kurtz
Assistant City Attorney
City of Delray Beach
310 S. E. 1st Street
Suite 4
Delray Beach, Florida 33483
Dear Jeff:
We have reviewed the draft of the Auburn Trace Purchase and Sale
Agreement, and compared it to the most recent contract offered to
Procacci, and note the following changes:
l. In paragraph 6 we are called upon to pay for the title
insurance whereas Procacci was not;
2. In subparagraph IIF it is provided that the conveyance will
be by Quit Claim Deed, whereas Procacci's contract called for a
Warranty Deed;
3 . In paragraph 17 we are called upon to indemnify the City with
respect to any claims brought against the City as a result of the
City entering into the land purchase contract or transferring the
UDAG award to Joint Venture; and
4. In paragraph 14 Procacci was authorized to assign the
Purchase Contract to a limited partnership wherein Procacci would
be a general partner, but Joint Venture was not so authorized.
The Joint Ve,n ture does not feel that it should be held
responsible for any litigation brought by Procacci or others. As
a result of the substantial reduction in density, we are
operating on a thin profit margin and there are no funds
allocated for defending or indemnifying the City. We did not
include any such offer as part of the proposal accepted by the
City, and it is not reflected in our cost budget. We would agree
to indemnify the City with respect to any loss resulting from any
actions of the Joint Venture, its partners or its consultant.
It is our intention to assign this Purchase Contract to Auburn
Trace, Ltd. , a limited partnership in which Auburn Trace Joint
Page 2
January 5 , 1989
Venture is the general partner. Limited partner investors would
have no voice in the operation of the partnership and the
relationship between Joint Venture and the City would remain the
same. The limited partner investors have not been definitely
identified yet, but there may be in excess of 100 such investors
and I assume the City would have no interest in their identity.
We would at this time request that the City authorize this
technical change in form, as it had for Procaccio
We would request that the word "reasonably" be inserted in
subparagraph lIE in the sixth line after the words "offsite
drainage".
We would request that the words "proposed amended" be inserted in
subparagraph 12A in the third line before the word "UDAG".
Subparagraph IIC calls for approximately four acres of the
property to be dedicated for use as City park, and we would
request that that be changed to two ac res . Most of our units are
one story units, each with its own enclosed secure yard, and that
reduces the available land for dedication and also reduces the
need for public park.
Thank you for your consideration.
Kindest regards,
~~//¿-=
THOMAS G. HINNERS,
Consultant
TGH:B
~URCHASE AND SALE AGREE!1ENT
THIS ~.GREEMENT is made and entered into this day of
, 1989 by and between ».ìJBUR.J.~ TRACE JOINT
VENTURE, a partnership (hereinafter referred to as "Jcint
Venture") and the CITY OF DELRÀY BEACH, FLORID]'.., a Florida
municipal corporation, (hereinafter to as "city").
WIT N E SSE T H:
WHEREAS, City owns certain real property adjacent to
Carver Est.ates and the municipal cemetery, which property has
considerable potential for development as a multi-family
residential area; and
WHEREAS, City has been selected by the Department of
Housing and Urban Development to receive a Urban Development
Action Grant in the amount of Five Million Forty-Eight Thousand
Eight Hundred Sixty Dollars ($5,048,860.00) for the purpose of
developing a multi-family project on said property; and
WHEREAS. Joint Venture has been select~ed by the C1 ty to
purchase and develop said property after City invited pro-
posals, interviewed and considered ãevelopers for the property;
NO\.J, THEREFORE I in consideration of trH~ mutual promises
and covenants contained herein, ~he parties do hereby covenant
and agree as follows:
1. TRANSFER OF THE PROPERTY. City shall sell and Joint
Venture shall buy the following property (hereinafter referred
to as Pl:operty) and which Property 1.'::; located in Palm Beach
County, Flür ida, being approximately 36 acres of la..'1d located
in the Southwest quarter of the intersection of 4th Street and
S.\·i. 8th Þ.venue, and more fully described in Exhibit "A"
attached hereto.
2. Purchase price for the property is Seven Hundred
Thirty Thousand Dollars ($730,000.00) payable as follows:
(a) Deposit of $1,000.00 to be
held in trust by the City, due
upon execution of the contract $ 1,000.00
(b) Joint Venture execute a promissory
note bearing no interest with one
payment of $65,000.00 payable
one (I) month from the date of
closing, five (5) equal annual
installments of $25,000 each,
commencing one (1) year from the
date of closing and a payment of
of $530,000.00 payable on the 15th
anniversary date of the closing 720,000.00
(c)' Certified or cashier's check in
local U.S. funds on closing delivery
of deed (or such greater or lessor
amount as may be necessary to com-
plete payment of purchase price
after credits, adjustments and pro-
rations). 9,000.00
TOTAL $ 730,000.00
3. TIME FOR ACCEPTANCE: If this contract is not exe-
cuted by the City and Joint \'enture cn or before January 15,
1989, the aforesaid ãeposi t shall be, at the option of Joint
Venture, returned to Joint Venture and this agreement shall be
~1-
null and void. The dò te of the contract, fer purposes of
p~rformance shall be regarded as the date when the last one of
the City and Joint Venture has signed this contract.
4. CLOSING DATE: This ccntract shall be closed and the
deed in posscssiclt'1 fJ'hall be d81ivered on or' before [·¡arch 31,
1389; unless extended by mutual agreement of the parties.
5. PRORATIONS: Taxes, insurance " interest, rents and
other expenses and rcvcnaes of said property shall be prorated
as of the date of closing. .
6. EVIDENCE OF TITLE: Prior to closing, City shall at /
Joint Venture's expense provide Joint Venture with a title
insurance commitment in accordance with Standard A of the
standards for real estate transactions attached hereto.
7. RESTRICTIONS AND EASEMENTS: Joint Venture shall take
title subject to: (a) zoning and/or restrictions and prohibi-
tions imposed by governmental authority, (b) restrictions a..'1d
matters appearing on the plat and/or common to the subdivision,
(c) Public utility easements of record; taxes for the year of
closing and subsequent years filortgages referred to in this
contract further provided that none of the foregoing interferes
with the use of the property for residential purposes.
8. STANDARDS: Standards for real estate transactions
attached hereto with the exceptions of Standards D, F, Nand 0
are applicable to this ~ransaction.
9. CONTINGENCIES.
A. This agreement is contingent upon the acceptance and
approval by the Department of Housing and Urban Development of
the City and Joint Venture's proposed revisions to the City's
UDAG Urban Development Action Grant award to allow a reduction
from 368 rental units to 256 rental units and funding of the
grant remaining at not less than $3,840,000.00.
B. This agreement, is ~ontingent upon Joint Venture and
the City entering into a separate agreement to loan Joint
Venture not less than $4,608,000.00 consisting of UDAG monies
in the amount of $3,840,000.00 and City matching funds in the
amount of $768,000.00. Said loan shall be secured by a mort-
gage on the property and improvements to the prope:x:'ty in an
amount equal to the loan and Joint Venture shall repay that
portion of the loan constituting UDAG funds in accordance with
a note to be executed having the terms specified in the amended
UDAG grant agreement (a copy of such UDAG agreement and pro-
posed amendments are attached hereto and made a part hereof).
The $ï68,OOO.OO representing City matching funds shall be
repaid in fifteen (15) equal annual installments over fifteen
(15) consecutive years, beginning on the anniversary date of
Joint Venture's first draw against the City's loan. Joint
Venture's draws on the City loan shall be made pursuant to the
UDAG agreement requirements with the City matching funds being
disbursed at the same time and in the same ratio as the UDAG
funds.
c. This agreement is contingent on Joint Venture on or
before January 31, 1989 providing the City with proof of
binding financial commitments to invest in the development of
the property in an amount not less than $8,892,700.00, not
including City of UDAG funds. Such commitments shall be from a
source and in a form acceptable to the City.
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t' This agreement is ::ontingent upon Joint Venture
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subr~ítting a complete site plan application to CityT3 Planning
Director on or before February 3, 1989.
10. CITY WARRANTIES. City hereby warrants to Joint
Venture as follows:
A. There are no condemnation or . , ... domain
~mrr\l. nen ~
proceedings pending or to the best of City's knowledge, contem-
plated against the property any part thereof, and the City has
received no notice of the desire of any public authority or
their entity to take or use the property or any part thereof.
B. There are no binding contracts, oral or written,
wi th Palm Beach County, any municipality or any other regula-
tory body with respect to the property currently owned by the
City except as have been disclosed by the City to Joint Venture
in writing.
C. There are no known agreements of any nature with
respect to the property, except as have been disclosed by the
City to Joint Venture in writing.
At the closing, City shall, in writing, reaffirm- to
Joint Venture that a truth and correctness, as of the closing
date of each of the warranties.
l:)., . COVENANTS OF CITY. City hereby covenants with Joint
Venture as follows:
A, Det'..;een the date of this agreement and the
closing, City v/Ì 11 not, without Joint Venture's prior written
consent, create by consent any encumbrances on the property nor
will City accept any additional advances under any existing
mortgage on the property. For purposes of this provision, the
term "encumbrances" shall mean any , . claims, options,
J..~ens,
mortgages ·:)r 'Other encumbrances, encroachments, rights-of-way,
10ases, casements, covenants, conditions or restrictions.
B. Between the date of this agreement and the date
of closing, City will cooperate fully with Joint Venture by
executing consents, applications and ot.her such documents
reasonably requested by Joint Venture in connection wi th its
efforts in developing the property to a condition such that
building may commence.
C. The City of Delray Beach hereby agrees to accept
by dedication for use as a city park approximately four (4 )
acres of the property to satisfy the City's park and recreation
land dedication requirements and in lieu of city park and
recreation fees.
D. The City shall waive all developmental applica-
tion fees and building permit fees.
E. The City will contribute up to $200,000.00 to
Joint Venture to help offset the cost of infrastructure devel-
opment. of the property as requi.red by City in the site plan
approval process. Such infrastructure costs shall include but
not be limited to construction, widening, improvement of onsite
and offsite roads and onsite and off site drainage required to
develop the property. The monies up to $200,000.00 shall be
payable to Joint Venture by Ci ty at the time the development
receives a Certificate of Occupancy, such funds received by
Joint Venture will not have to be repaid to the City.
3
t:' Th2 City shall convey the property by a Quit-
... .
Claim Deed subject to a reverter or provision regarding use of
the property for low to moderate income hous ing unit,s, which
reverter language is acceptable to the first mortgage lender,
and which reverter shall expire upon repay"ment of the UDÀG
grant and all other monies payable to the City pursuant to this
agreement, but no less than fifteen (15) years from the date of
closing.
1 ", JOINT VF..,NTURE IS \vARRAN'l'IES.
L .
¡'. - Joint Venture agrees to comply with and accept
the imposition of terms required of developer and participating
parties within the UDAG grant agreement which has been attached
hereto and made a part hereof.
B. Joi.nt Venture shall complete the residential
development described in the UDÀG application by March 1, 1990
unless extended herein by joint agreement of the City, Joint
Venture and the Department of Housing and Urban Development.
C. Joint Venture hereby agrees to give first
priority to tenant applicants who are already residents of the
City of Delray Beach who need to be relocated due to some
redevelopment action taken on the part of the City of Delray
Beach, or any of its associated agencies, boards, or commit-
tees, and second pI'iority to all ather tenant applicants who
are already residents of the City of Delray Beach and to work
with the City's designee and the Delray Beach Housing Authority
in the selection of residents.
D. There are no known agreements of any nature with
respect to the property, except as have been disclosed by Joint
Venture to City in writing.
At the closing, Joint Venture shall, in writing,
reaffirm to City that a truth and correctness, as of the
closing date ~f each of the warranties.
13. SURVIVAL OF WARRANTIES AND COVENANTS. Warranties,
representations and indemnifications set forth in this contract
and an attachments shall survive closing.
1-1. ASSIGNABILITY. Joint Venture may not assign this
agreement vIi thout the written consent of the City. Further,
Joint Venture may not revise the-ir partnership agreement (a
copy of which is attached hereto) nor may a~y partner transfer
any interest in the partnership without the written consent of
the City.
15. Joint Venture understands that through the execution
of this agreement, City has not made any guarantees as to the
nurrìber of residential units which ma:-t be developed on the
property.
16. REAL ESTATE CO~~ISSIONS. City hereby warrants to
Joint Venture tbat City has not. engaged in a broker or agent
with respect to the purchase and sale of the property as
contemplated by this agreement. City shall indemnify and hold
Joint Venture harmless against any and all liability, cost,
damage and expense (including but not limited to attorneys'
fees and costs of litigation and appeals). Joint Venture shall
suffer or incur because of any claim by any broker or agent
claiming to have dealt with City, whether or not meritorious
for any commission or other compensation with respect to this
4
agreement or to the purchase and sale of the property in
accordance with this agreement.
Joint Venture hereby warrants to City that Joint Venture
has not engaged in a broker or agent with respect to the
purchase and sale of the property as contemplated by this
agreement. Joint Venture shall indemnify and hold City harm-
less against any and all liability, cost, damage and expense
(including but not limited to attorneys' fees and costs of
litigation and appeals). City shall suffer or incur because of
any claim by any broker or agent claiming to have dealt with
Joint Venture, whether or not meritorious for a~y commission or
other compensation with respect to this agreement or to the
purchase and sale of the property in accordance with this
agreement.
17. Joint Venture shall defend, indemnify and hold City
harmless against any and all damage, action, suits, claims or
demands of whatsoever kind made by or on behalf of any person
as a re.sult of the City entering into this contract or trans-
ferring the UDAG award to Joint Venture, including but not
limited to reasonable attorney's fees, travel and investigation
expenses caused by said damage, actions, suits, ~laims or
demands.
IN WITNESS \-rrlEREOF the parties have affixed their
signatures hereto and four CO~lterparts.
CITY OF DELP.AY BF..ACH, FLORIDA
Bn.
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l..TTEST: r'¡1ayor
City Clerk
Approved as to form:
A3sistant City Attorney
',';!TNESSES AUBURN TRACE JOIlfr ~~TURE
By:
{SEAL)
S
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EIT' DF DELHA' BEA[H
CITY AIfITORNEY'S OFFICE 310 S,E. 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483
HI 407/243,7090 TELECOPIER 407/2784755
11EMORANDUM
D~te: December 22, 1988
To: Ci t.y Commission nV
From: Jeffrey S. Kurtz, Assistant City Attorney ~
Subject: Status of the UD~G Grant Award '
As the Commission is aware, Commissioner Brainerd, Lula Butler,
representatives of the Auburn Trace Joint Venture Partnership
(Joint Venture), and myself met with HUD representatives in
Atlanta, Georgia on December 15, 1988. The purpose of the
meeting was to apprise HUD of our new developer selection and
go over the status of the grant itself. '
The BUD officials were relatively pleased with the progress we
had made and were impressed with the amount of work that had
been expended by Joint Venture in bringing to the meeting a
proposed draft revision of the UDAG grant. However, they did
indicate that, in all likelihood, the City would be receiving a
:3:; day letter, such a letter is sent out routinely by BUD to
advise grantees that there have been technical defaults on the
contract and giving them 35 days to cure that default or
otherwise the grant may be withdrawn. BUD officials emphasized
that they would work with us and seemed receptive to our
rcvisicn~ to the grant agreement. If grant revisions were
submitted to BUD by the first week in January, they would
attempt to review them expeditiously and hopefully give us word
back by the beginning of February.
The deadline that still appears to be firm as far as HUD
requirements are concerned is the May 4, 1989 date for the
beginning of construction, which coincides with the anniversary
of HUD's execution of the grant agreement. In order for the
City and Joint Venture to comply with that deadline, a great
deal of work must be done in the upcoming months. Following is
a tentative schedule for the completion of those items:
1. Contract for the sale of land to Joint Ventures approved
at the Commission's January 10 meeting.
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D.:ce:r.ber 22, 1988
Page 2
2. Rezoning of the property; (a) hearing held on January 23;
(b) first reading of the ordinance on January 24; (c)
second reading and adoption of the rezoning on February
14;
3. Site plan submitted by developer to Planning Department on
or before February 3, 1989;
4. P&Z hearing cn site plan submittal - March 20;
5. Co~~ission consideration of site plan - March 28, 1989
6. Commission approval of the plat - April 25, 1989
7 . Ground breaking on or before May 4, 1989.
In order to accomplish this, the developer is already beginning
to vJOrk on these items prior to any contract approval of the
p'.lrchase and sale agreement and prior to the acceptance or
rejection of the grant amendments. Further, the staff may
have to eXillnine plans for building permits prior to final site
plan and plat approval.
The proposed contract, which is being forwarded to you with
this memo for the sale of land, includes a provision by which
the developer will agree to defend and indemnify the City from
any claims that may be lodged against the City as a result of
the grant award to Joint Ventures. By inclusion of this item,
it is intended that the Joint Venture group indemnify and hold
harmless the City against any claims by Procacci Development
Corporation and Briscoe Development or any other legal entity
which showed interest in the grant award and the purchase of
the property from the City. The developer has expressed an
initial unwillingness to hold the City harmless, and this may
be the subject of further negotiations between staff and the
developer ultimately the City Commission. In addition, the
proposed contract between the City and Joint Venture mandates
that they provide us with a firm financial commitment upon the
private fi.nancing for this development on or before January 31
If any member of the Commission should have any questions
concerning this matter, please do not hesitate to contact our
office.
JSK:sh
Attachment
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AUBURN TRACE JOINT VENTURE
80 Depot Avenue
Delray Beach, Florida 33444
(407) 278-0826
January 5, 1989
Mr. Jeffrey S. Kurtz
Assistant City Attorney
City of Delray Beach
310 S.E. 1st Street
Sui te 4
Delray Beach, Florida 33483
Dear Jeff:
We have reviewed the draft of the Auburn Trace Purchase and Sale
Agreement, and compared it to the most recent contract offered to
Procacci, and note tbe following changes:
1 . In paragraph 6 we are called upon to pay for the title
insurance whereas Procacci was not;
2. In subparagraph 1IF it is provided that the conveyance will
be by Quit Claim Deed, whereas Procacci's contract called for a
Warranty Deed;
3. In paragraph 17 we are called upon to indemnify the City with
respect to any claims brought against the City as a result of the
City entering into the land purchase contract or transferring the
UDAG award to Joint Venture; and
4. In paragraph 14 Procacci was authorized 'to assign the
Purchase Contract to a limited partnership wherein Procacci would
be a general partner, but Joint Venture was not so authorized.
The Joint Venture does not feel that it should be held
responsible for any litigation brought by Procacci or others. As
a result of the substantial reduction in density, we are
operating on a thin profit margin and there are no funds
allocated for defending or indemnifying the City. We did not
include any such offer as part of the proposal accepted by the
City, and it is not reflected in our cost budget. We would agree
to indemnify tbe City with respect to any loss resulting from any
actions of the Joint Venture, its partners or its consultant.
It is our intention to as sign this Purchase Contract to Auburn
Trace, Ltd. , a limited partnership in which Auburn Trace Joint
Page 2
January 5, 1989
Venture is the general partner. Limited partner investors would
have no voice in the operation of the partnership and the
relationship between Joint Venture and the City would remain the
same. The limited partner investors have not been definitely
identified yet, but there may be in excess of 100 such investors
and 1 assume the City would have no interest in their identity.
We would at this time request that the City authorize this
technical change in form, as it had for Procaccio
We would request that the word "reasonably" be inserted in
subparagraph lIE in the sixth line after the words "offsite
drainage".
We would request that the words "proposed amended" be inserted in
aubparagraph l2A in the third line before the word "UDAG".
Subparagraph llC calls for approximately four acres of the
property to be dedicated for use as City park, and we would
request that that be changed to two acres. Most of our units are
one story units, each with its own enclosed secure yard, and that
reduces the available land for dedication and also reduces the
need for public park.
Thank you for your consideration.
Kindest regards,
;z2: ~//~
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THOMAS G. HINNERS,
Consultant
TGH:B
lviEMORANDUM
TO: MAYOR AND CITY COMNISSION
FROM: OLD SCHOOL SQUARE. INC. ..¡¡;J,U1;'" ¡æ' .
RE: REQUEST FOR APPEAL OF HISTORI PRESERVATION BOARD
CONDITIONS TO COA APPROVAL
--
DATE: JANUARY 5, 1989
Old School Square, Inc. is formally appealing the conditions
imposed to the approval of its Certificate of Appropriateness
Application by the Historic Preservation Board at the special
meeting held on January 3, 1989. The Historic Preservation Board
provided us with an approved COA with the following exceptions to
the site plan:
1. The construction of the proposed fountain was denied. The
Board stated it would consider this item for phase two. The
Board objected to the proposed location of the fountain.
2. Denied the inclusion of proposed covered walkways until we
furnish materials and detailed specifications. Ag reed to
receive and consider this item on 1/20/89.
3. Required OSS to do additional testing on the possibility and
feasibility of removing the stucco from the existing
bui lding s. Requested findings be submitted to them for
direction. HPB considers this a priority for the project.
4. Required OSS to reevaluate the site of the parking lot and
consider revising the site plan to accommodate the parking
elsewhere on the site.
The Historic Preservation Board is charged by the preservation
ordinance to utilize the most recent US Secretary of the
Interior's Standards for Historic Rehabilitation and Guidelines
for Rehabilitating Historic Buildings as the standards by which
applications for COA's are to be evaluated. These guidelines are
intended to promote the maintenance, restoration, economic
viability, improvement in economic values and adaptive new uses
of the property. Old School Square has taken great care over the
past two years to develop a site plan that maintains the historic
~ design of the existing building while at the same time creating a
cultural facility that will enhance the community's pride and
provide a viable economic product. The site plan has been
reviewed and approved by the Planning and Zoning Board, City
Commission and received extensive review and acceptance by other
staff and agencies.
This appeal request is made in accordance with Chapter 174,
Section 174.32 (D) of the Historic Preservation Ordinance.
LB:DQ OSS.2/L 1
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MEMORANDUM
TO: MAYOR AND CITY COMMISSI
FROM: OLD SCHOOL SQUARE, INC
RE: SUPPORTING D
HISTORIC PRESERVATION
IQ CQA APPROVAL
DATE: JANUARY 6, 1989
THE BASIS FOR THIS APPEAL COVERS TWO ASPECTS: 1) THE MANNER
IN WHICH THE MEETING WAS CONDUCTED AND, 2) THE ITEMS SET
FORTH AS CONDITIONS TO THE COA,
AS REGARDS NUMBER ONE:
A) NO LEGAL COUNSEL WAS PRESENT, WHICH WOULD HAVE LIMITED
THE PARAMETERS OF DISCUSSION TO RELEVANT ISSUES AS PRESENTED
IN THE COA APPLICATION AND THESE DISCUSSIONS WOULD HAVE
STAYED WITHIN THE PURVIEW OF HPB.
B) IT WAS APPARENT THE EX-OFFICIO HISTORIC PRESERVATION
ADVISOR CONDUCTED THE MEETING.
C) ITEMS PUT BEFORE THE BOARD WERE NOT ACTED UPON UNDER
ROBERT'S RULES OF ORDER OR PROPER PARLIAMENTARY PROCEDURE,
D) IT TOOK THREE HOURS OF DELIBERATIONS TO DETERMINE THE
HPB POSITION ON THE SIX ITEMS PRESENTED IN THE COA
APPLICATION AND THE 5 RECOMMENDATIONS FORWARDED TO HPB FROM
P&Z. THESE FIVE ITEMS WERE READDRESSED AND OLD SCHOOL SQUARE
COMPLIED WITH P&Z'S RECOMMENDATIONS. NOTICE OF THIS ACTION
WAS FORWARDED TO THE HPB CHAIRMAN ON OCTOBER 31, 1988,
E) MEMBERS OF THE HPB DID NOT HAVE BEFORE THEM, IN
ADVANCE OR AT THE MEETING, THE REVISED SITE PLAN WHICH WAS
DELIVERED TO THE HISTORIC PRESERVATION OFFICER ON DECEMBER
16, 1988 AS WELL AS PRESENTED TO HPB AT THEIR MEETING ON
DECEMBER 16 WHEN THE REQUEST FOR A PARKING VARIENCE WAS
SUBMITTED ALONG WITH THE EXPECTATION OF THE COA BEING
ADDRESSED AT THAT TIME.
A CONTINUING POSITION STATEMENT THAT HPB DID NOT HAVE
THE COA APPLICATION, THE REVISED SITE PLAN AND, FURTHER, THAT
THEY HAD NEVER BEEN MADE AWARE OF ANY OF THE SITE
CONSIDERATIONS UNTIL JANUARY 3, 1989 IS IN ERROR.
WE OFFER THE FOLLOWING DATES FOR CLARIFICATION:
'AUGUST ~ 1988 COA APPLICATION DELIVERED TO CITY
SEPTEMBER ~ 1988 COA APPLICATION SENT TO HPB
DURING THIS TIME HPB WOULD NOT ADDRESS THE COA
APPLICATION BECAUSE OSS/CITY WERE NOT THE OWNERS
OF THE PROPERTY AND IT HAD NOT BEEN REVIEWED BY P&Z.
OCTOBER ~ 1988 P&Z COMPLETED REVIEW AND REPORT WAS
FORWARDED TO HPB FOR CONSIDERATION AND HPB WAS
DIRECTED TO REVIEW WITH OSS BEING CONTRACT VENDEE FOR
THE SITE.
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PAGE TWO
DECEMBER 20, 1988 COMMISSION APPROVED THE SITE PLAN
AND REQUESTED A SPECIAL MEETING BY HPB TO GIVE COA.
2) IN RESPONSE TO THE ITEMS SET FORTH AS CONDITIONS BY HPB:
1) NO APPARENT OBJECTIVE REASON WAS GIVEN FOR ITS REMOVAL
OR RECONSIDERATION.
2) THE HPB WAS REQUESTED TO APPROVE THE SITING OF THE
WALKWAYS, NOT TO REVIEW THE MATERIALS OR DETAILED
SPECIFICATIONS OR ELEVATIONS. WE FEEL THE SITING OF THE
WALKWAYS IS APPROPRIATE. OSS EXPECTS TO COME BEFORE HPB AT A
LATER DATE WITH THE MATERIALS SELECTED BY OSS AND WILL
PROVIDE DETAILED ELEVATIONS WHEN COMPLETED BY THE ARCHITECT.
THIS SHOULD NOT BE A CONDITION AS IT IS NOT WITHIN THE COA
APPLICATION AS SUBMITTED.
3) WHILE IT IS CORRECT TO ADDRESS THE REMOVAL OF THE
STUCCO ON THE 1913 BUILDING, ONCE THE TESTING AND ESTIMATES
ARE OBTAINED, OSS RETAINS THE RIGHT TO BRING SUPPORT FINDINGS
BEFORE THE HPB AND TO DETERMINE WHETHER IT WILL BE FEASIBLE
AT THIS TIME FO~ ITS REMOVAL. OSS DOES NOT BELIEVE THAT THE
STUCCO SHOULD ~ BE REMOVED, BUT DOES NOT FEEL THAT ITS
REMOVAL IS A PRIORITY AT THIS TIME. OSS WILL ADDRESS THIS AS
A LATER CONDITION WHEN AND IF ADEQUATE FUNDING IS AVAILABLE.
HPB STATED THIS AS A PRIORITY OVER OTHER ADAPTIVE REUSE. OSS
CANNOT PROCEED WITH THIS TYPE OF CONDITION.
THE STUCCO SPECIALIST HAS BEGUN EVALUATION AND A
PRELIMINARY REPORT WAS IN DISCUSSION ON JANUARY 3. FURTHER
WORK FOR THE EVALUATION IS IN PROCESS AT THIS TIME. THE
RESULT OF THIS ASSESSMENT WILL BE USED IN THE OLD SCHOOL
SQUARE RECOMMENDATION TO REMOVE OR NOT TO REMOVE AT THIS TIME
OR'TO CONSIDER AT A LATER DATE WHEN ADEQUATE FUNDING IS
AVAILABLE. THE FLORIDA STATE HISTORIC PRESERVATION OFFICE
STATES THAT WHILE THE REMOVAL OF THE STUCCO IS APPROPRIATE,
IT IS LIKEWISE APPROPRIATE TO LEAVE THE STUCCO, AS IT FALLS
WITHIN THE APPROPRIATE STANDARDS FOR HISTORIC RESTORATION.
THE ISSUE OF THE STUCCO REMOVAL'S PRIORITY IS THE BASIS
FOR THIS APPEAL, NOT WHETHER TO EVER REMOVE THE STUCCO.
4) OLD SCHOOL SQUARE HAS REEVALUATED, ON NUMEROUS
OCCASIONS, WITH P&Z, ENGINEERING, CRA, DDA, COMMISSION, STAFF
AND INDIVIDUAL MEMBERS OF HPB, THE PARKING LOT AND WITH ITS
ARCHITECTURAL CONSULTANT HAVE FINALIZED THE POSITION FOR THE
PARKING, THIS HAS PRESENTED, IN OUR BELIEF, THE BEST
POSSIBLE WORKING SOLUTION FOR THIS SITE AS A WHOLE. NO
OBJECTIVE REASON OR WORKABLE SOLUTION WAS GIVEN BY HPB.
IT IS THE POSITION OF OLD SCHOOL SQUARE ,THAT WE HAVE REPEATED
REPEATEDLY BEEN BEFORE HPB AND INDIVIDUAL MEMBERS OF HPB IN
THE CONCEPTION AND FINALIZATION OF THIS SITE DESIGN AND
PROJECT, OLD SCHOOL SQUARE WISHES TO GO ON RECORD, IN THE
SPIRIT OF COOPERATION WITH ALL CITY BOARDS AND HPB AND IN
PARTICULAR TO WORK TOGETHER TO SEE THIS HISTORIC SITE BECOME
AN ADAPTIVE REUSE ARTS AND CULTURAL CENTER FOR THE CITY OF
DEL RAY BEACH.
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MEMORAMDUM
TO: City Commission
FROM: Board of Construction Appeals
SUBJECT: EXPIRATION OF TERMS
DATE: December 30, 1988
Please be advised the term of John Henderson, General Contractor, will
expire on January 8, 1989. Mr. Henderson is not eligible for reappointment
and a replacement will be needed.
Also, the terms of the following members will expire on January 8, 1989 but
these persons are e1igbile and would like reappointment: Larry M.
Schneider, H. Deane Ellis, Richard Oldham, William Koch, III and Richard
Sheremeta.
Thank you for your attention to this matter.
/J.D~~~~
H. DEANE ELLIS, Chairman
Board of Construction Appeals
lamb
cc: City Manager
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DEPART 1ENT AL EITY DF
CORRESPONDENCE DELHAY BEA£H
TO CITY MANAGER ~ ~~
THRU: DIRECTOR OF COMMUNITY IMPROVEMEN
FROM CODE ENFORCEMENT ADMINISTRATOR
SUBJECT CODE ENFORCEMENT BOARD MEMBERS DATE 1-4-89
Charles Toth - Regular Member, term expires on 1-14-89. He has been contacted
and would like to be reappointed to the Code Enforcement Board.
Joel Port, regular member, term expires on 1-14-89, has been contacted and would
like to be reappointed to the Code Enforcement Board.
Samuel DeOto, alternate member, term expires on 1-14-89, He has been contacted
and would like to be reappointed to the Code Enforcement Board.
W:::::2
Richard B er
RB/ns
CM 362 THE EFFORT ALWAYS MATTERS
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[ITY DF DELHAY BEA[H ~,~~~ ~'.~'k ,'-, '
CITY ATTORNEY'S OFFICE 310 S,E, Isl STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483
407 {24 3· 7090 TELECOPIER 407{278-47SS
"I)~cember 28, 1988
John J. Pine, Esq.
Fetterman and Associates
3175 South Congress Avenue
Lake Worth, Florida 33461
Subj ect, : Claim by Steven Cox
Dear Mr. Pine:
Your correspondence oÍ December 5, 1988 to City of Delray Beach
Risk Management Director Lee R. Gr aham has been forwarded to
the City Attorney's Office for a response.
Based upon the investigation by the Risk Management Director,
and all information available to the City Attorney's Office, it
is our position at the present time that we cannot recommend to
the City Commission the settlement of this claim for the
$15,000.00 which you have demanded or for any other lessor
amount.
If you have any additional information which would be of use to
us with regard to this matter, we would be willing to look at
same.
In the interim, by copy of this letter to the Ci ty Manager's
Office, we are hereby requesting that this matter be placed on
the next available City Commission regular meeting for their
consideration of this settlement demand of $15,000.00, along
with our recommendation to reject this settlement offer at the
present time.
Sincerely yours,
OFFICE OF'THE CITY ATTORNEY
::~~J~
Herbert . A. Thiele, E g.
City Attorney
HT:sh
cc: City Commission City Manager j
Walter o. Barry,
Lee R. Graham, Risk Management Director
Donna R. Woods, Claims Representative, Gallagher Bassett
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[ITY DF DELRAY BEA[H~ _~~\ ~ /)
CITY ""TORNEY'S OFFICE 310 S.E, 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483
141 407/243-7090 TELF.COPIER 407/278-4755
December 28, 1.988
Gcri Sue St~aus, Esq.
~aValle, Wochna, Raymond & Rutherford
2600 North Military Trail, 4th Floor
Boca RAton, Florida 33431-0904
Subject: Receipt of Demand fOl' Settlement Regarding Mary Brown
Claim
Dear Ms. Straus:
This will acknowledge receipt of your correspondence with
regard to the claim by your client Mary Brown and the demand
set forth tberein of $25,000.00 for full and complete settle-
ment of this matter.
Based upon my review of the facts of this matter and the
information you have submitted to me, it is our position that
the City Attorney's Office is not prepared ,to recommend settle-
ment of this matter at any sum at the present time.
By copy of this letter to the City Manager's Office, we are
hereby requesting that this matter be scheduled for the next
~vailable regular City Commission meeting for their considera-
tion, along with our recommendation to reject the settlement
offer as proposed by Ms. Straus.
If you would 'like to discuss this matter further, or if you
have any additional information which you believe would be
appropriate for the City Attorney's Office to consider, please
contact me personally at your convenience.
Sincerely,
OFFICE OF-THE CITY ATTORNEY
CITY O~EACH. FLORIDA
By:
Herbert W. A. Thiele, Esq.
City Attorney
HT: sh
cc: City Commission /
Walter o. Barry, City Manager
Robert Barcinski, Assistant City Manager
Lee R. Graham, Risk Management Director
Donna Woods, Gallagher Bassett
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£ITY DF DELRAY BEA[H ~A~
CITY ATTORN~Y'S OFFICE 3105,(, 1 st STRFI'T. SlIlTE 4 I>ELRA y, BEACIi, : LOR IDA 33483 305/243·7090
'MEMORANDUM
Date: December 20, 1988
To: City Commission
From; Susan A. Ruby, Assistant City Attorney
Subject: Jean Marc and Jeanette Florestal V5. the City of
Dc)ray Beach, Florida
Attorney Evan M. Feldman of the Law Offices of Jerome M.
Herscawitz, P.A. , has submitted an offer in the amount of
twenty-thousand dollars ($20,OOO.OO), to settle the
aforementioned claim.
'l'his claim arises out of an incident that occurred on October
28, 1987, wherein a City vehicle dliven by a City employee
allegedly backed into a car driven by Jean Marc. Subsequently,
on November :"4, EJ 87 I Jean Marc was again involved in 'an
accident which occurred in Boca Raton.
In light of the foregoing, our office recommends that the City
Commission deny this settlement offer.
By copy of this letter to Walter Barry, City Manager, our
office reques~s that the settlement offer be placed on the City
Commission agenda of January 10, 1989 for City Commission
action.
Please do not hesitate to contact me should you have any
questions or concerns regarding this matter, or require further
information. '
~
Attachment
cc Walter O. Barry, City Manager
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[IT' DF DELRA' BEA£H
CITY AYTORNEY'S OFFICE 310 S,E. 1st STREET, SUITE 4 DELRAV BEACH, FLORIDA 33483
HI 407/243-7090 TELlTOPIFR 407/271\-4755
~1EMORAl-TDUM
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Date: December 30, 1988
':0; Ci ty Commission N./
Fr~' Jeffrey S. Kurtz. Assistant City Attorney~~I~
S~bject: David Marcil vs. City of Delray Beach I
Mr. Marcil's complaint against the City stemmed from his
arrest, which took place on April 22, 1986. He has filed an
action against the City alleging false arrest and malicious
prosecution. The malicious prosecution charge was previously
dropped against the City and the matter is currently scheduled
for Judge Lupo's four week docket beginning January 9, 1989.
The plaintiff has made a settlement offer wherein the parties
'.",Quld stipulate to the entry of a voluntary dismissal with
prejudice, so long as each party bears its own costs and
attorney's fees. Since deposition costs in this case are
minimal and trial would last approximately 2 days necessitating
myself and police officers to be away from their normal func-
tions, our office would strongly recommend that we accept this
offer. This settlement offer will be placed on your Commission
agenda of January 10, 1989 for your approval.
Should any member of the Commission have any questions con-
cerning this matter, please do not hesitate to contact our
office.
JSK:sh
cc: Walter o. Barry, City Manager
Chief Charles Kilgore
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[ITY DF DELIAY BEA[H
100 N.w, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243,7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager! ~
Community Services
DATE: January 3, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 10, 1989 - ACCEPTANCE OF UTILITY
EASEMENT - CARY PROPERTY
Item Before City Commission:
City Commission is requested to approve and accept an 8 foot
utility easement approximately 270 feet long, located at 340
North Congress Avenue, from Douglas D. Cary and Virginia G.
Cary. Attached is a copy of the executed easement with a
drawing. The easement is for a 10" gravity sewer and
manhole installed during the Congress Avenue road widening
proj ecL The installation, needed to service the west side
of Congres~ Avenue, saved the City the future costs of a
bore and jack under the newly constructed Congress Avenue.
Recommendation:
Staff recommends acceptance of the easement.
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
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PRECISION 'I
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ELECTRONICS V
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SK. 42, PG. '" I fl
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8' CA RY 1~ I
EASEMEN I~ I
:AS NOTED IN " "
"- ATTACHMENT A ';'-10"
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EASEMENT DEED
DOu las D. c~rl'1IãdINDENTÚRE, made this. 20 day of .May , 1988, by and between
g ~ g~n~a G. Cary , parties of the first part, and the CITY OF
OELRA Y BEACH, a Florida municipal corporation in Palm BeëfCh County, State of
, r
Florida, party of the second part:
WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand
paid by the said party of the second part, the receipt of which is hereby acknowledged,
does here~ý grant, bargain, sell and release unto the party of the second part, its
successors and assigns, a right of way and perpetual easement for the purpose of:
sani tary sewerwith full and free right, liberty, and authority to enter upon and to
install, operate, and maintain suctsani tary sewer under, across, through and upon,
over, under or within the following described property located in Palm Beach County,
Florida, to-wit: .'
EASEMENT
See Attachment "A"
Concomitant and coextensive with this right Is the further ,right in the party
of the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement.
. That this easement shall be subject only to those easements, restrictions,
and reservations of record. That the parties of the first part agree to provide for the
release of any and all mortgages or liens encumbering this easement. The parties of the
first part also agree to erect no building or effect any other kind of construction or
improvements upon the above-described property.
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above-
described easement and that the same is unencumbered. Where the context of this
Easement Deed allows or permits, the same shall include the successors or assigns of the
parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands
and seals the day and year first above written.
PARTIES OF THE FIRST PART
! ./) C7L-<jk .6 . <? a ~
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ST A TE OF FLORIDA
COUNTY OF PALM BEACH
, f HERE.B Y CERTIFY that on this day, before me. an officer authorized in
, thp ~tate and County aforesaid fo take acknowledgments, personally appeared
:P~~'1.'-Ø~.i'ti;-":-~,,rr, well known to me. and they acknowledged executing the same~
~~ITNESS
t~ ' day of
My Commission Expires:
_. _. - . .-. ~
Ifotlry PuhIic. State of RoridI '
Mv (c:1:l'!iuioa E~,*es MIlCh 17. Ø9f
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. .O'8RIEN, SUITER & O'8RIEN, INC. I
Land Surveyors I
I
Civil Engineers . 2601 H. fEOEU.L HIGHWAY DUlAY 27~t
Land Planners , ' DELIA V 'EACH, n.OIIDA )~n IOVN10H n2427t
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A'rrACHMENT " A 11
January 5, 1988
.
DE~CRIPTION
(8 FOOT UTILIT'i EASEMENT)
All that part of the following described parcel lying within 68.99 feet of
the centerline of Congress Avenue:
'!he North 279.78 feet of the South 526.67 feet of a laqd in Section 18,
Township 46 South, Range 43 East, Palm Beach County, Florida more particularly
described as follows:
Bounded on the South'by a line parallel to and 1248.9Ø feet North of, \!/hen
measured at right' angles to the South line of the North half of the Southeast
quarter of the Northeast quarter of said ~ection 18. .
Bounded on the East by the West right-of-way line of Congress Avenue (said
west right-of-way line being 6Ø.ØØ feet West of the Centerline of Congress
Avenue) . Bounded on the North by the South right-of-way line of the Lake Worth
Drainage District Lateral 11 ~nal, also known as Lateral 32.
Bounded on the West by the East right-of-way line of the Lake Worth
Drainage District E-4 Canal.
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No. 87-344
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EITY DF DELRAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM KERRY B. KOEN
Fire Chief
TO: WALTER O. BARRY, CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: JANUARY 3, 1989
SUBJECT: MUTUAL AID AGREEMENT - PALM BEACH COUNTY
Attached you will find an agreement for emergency service
response with Palm Beach County Fire-Rescue. This agreement
replaces a previous document establishing mutual aid responses
between the City of Delray Beach and the Del-Trail Fire Control
District. As you know, the Del-Trail Fire Control District was
absorbed by Palm Beach County Fire Rescue when all Fire Control
Tax Districts were consolidated. We have been working under the
auspices of this prior agreement, however, the County Fire
Service Administration has agreed that a new instrument is
appropriate and strongly endorses this effort.
This agreement has been through a series of drafts with the
staff of the County Attorney and the City Attorney involved at
each level of the document preparation. They are in agreement
that the format meets all necessary state and local requirements
for this type of cooperative local governmental agreement.
Accordingly, I request that this agreement be forwarded to the
City Commission for approval. In addition we will be presenting
similar documents to the City Administration in the near future
to up-date agreements with Boca Raton and Boynton Beach.
V~'ß. \~- -
Kerry B. Koen
Fire Chief
Attachment: Emergency Services Agreement
, ~IRE DEPARTMENï HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH. FLORIDA 33444 . 407/243·7400
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EMERGENCY SERVICES MUTUAL AID AGREEMENT
This Agreement is entered into this day of
, 198 , by and between Palm Beach County, Florida
and the City of Delray Beach, Florida.
WHEREAS, the parties to this Agreement presently
maintain a Fire-Rescue Department with fire rescue equipment,
fire fighting personnel, emergency medical equipment, emergency
medical personnel, hazardous materials response equipment and
trained technical personnel, and other emergency capabilities;
and
WHEREAS, it is deemed mutually advantageous to enter into
this Agreement providing for mutual aid in times of emergency
where the need created may be too great for either party to deal
with unassisted,
NOW, THEREFORE, it is agreed by and between the parties
that each will render mutual assistance and service to the other
under the following stipulations, provisions and conditions:
1. Mutual aid and assistance will be given when
properly requested so long as rendering the aid and assistance
requested will not place the assisting party in undue jeopardy.
2. The person requesting mutual aid and assistance
shall give the following information at the time his request is
made:
a) The general nature, type and location of
the emergency.
b) The type of equipment and/or personnel needed.
3. Only the following officials of the participating
parties are authorized to request aid and assistance under this
Agreement: The respective Fire Chiefs, Assistant or Deputy Fire
Chiefs, or Incident Commanders, and the City Manager of the City
of De1ray Beach~
4. In the event of an emergency occurrence which
requires additional assistance, the Fire Chief of the
jurisdiction in which the incident is located, or in his
absence, the Assistant or Deputy Fire Chiefs or the Incident
Commander, will direct the activities at the scene where the
emergency exists, but personnel on the mutual aid call will
remain under the command of their own officers at all times. The
rendition of services, standards of performance, discipline of
officers and employees, and other matters incidental to the
performance of services and control of personnel shall remain
within the respective control of their own departments.
5. Each participating ,part y reserves the right to
refuse a mutual aid call in the event it ' does not have the
required equipment available or if, in its judgment, compliance
with the request would jeopardize the protection of its own
jurisdiction.
6. No employee of either party to this Agreement
shall perform any function or service which is not within the
scope of the duties of that person within his/her own department.
7. Persons employed by either party shall not in
connection with this Agreement or in the performance of services
and functions pursuant hereto claim any right to pension,
workmen's compensation, unemployment compensation, civil service,
or other employee rights or privileges granted by operation of
law or otherwise except through and against the entity by which
they are regularly employed.
8. The parties to this Agreement and their respective
officers and employees shall not be deemed to assume any
liability for the act, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of
sovereign immunity, pursuant to Florida Statutes, Section 768.28.
· -2-
9. All the privileges and immunities from liability,
exemptions from law, ordinance and rules and all pensions and
relief, disability, workmen's compensation and other benefits
which apply to the activity of the officers or employees of
either party when performing their respective functions within
the territorial limits for their respective agencies shall apply
to the same degree and extent to the performance of such
functions and duties extraterritorially pursuant to this
agreement. Liability for injury to personnel, and for loss or
damage of equipment, shall be borne by the party employing such
personnel and owning such equipment.
10. The cost of gasoline and other normal supplies
used for mutual aid purposes shall be the responsibility of the
party using such supplies, except that certain expendable
supplies, such as foam or other specialty products, will be
replaced by the agency requesting assistance.
11. All compensation for personnel shall be borne by
the employing party.
12. The term of this Agreement is from January 1, 1989
to December3t, 1993.
lµí
13. Either party to this Agreement may, upon giving
sixty (60) days written notice to the governing body of the other
party, terminate this Agreement and after the effective date of
such notice both parties will be relieved of any further
obligations under this Agreement.
14. This Agreement shall continue in full force and
effect for like terms as that set up in the original term of this
contract, subject to the termination provisions of Paragraph 13.
15. A copy of this agreement shall be filed with the
Clerk of the Circuit Court of Palm Beach County, Florida.
16. Both parties to this agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating
projected location and anticipated time frames for construction
of future fire stations within their respective jurisdictions.
It is understood that these plans may be modified subsequent to
submission and said plans are subject to subsequent funding
allocations and approvals.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be signed by their duly authorized officers on
this day of , 198___.
ATTEST: CITY OF DELRAY BEACH
City Clerk MAY 0 R
Approved as to form and legal
sufficiency:
City Attorney
ATTEST: PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk Chairman
Approved as to form and legal
sufficiency:
r'1_.. _ .. .... ^ . .. _ _ _ _....
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£ITY DF DELRAY BEA£H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243· 7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager / ~
Community Services
January 4, 1989 .
DATE:
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 10, 1989 - BID AWARD - TROPIC ISLE
DRAINAGE PROJECT
Item Before City Commission:
City Commission is requested to award a bid in the amount of
$109,300, to Charles S. Whiteside Inc., the low bidder for
the Tropic Isle Drainage Project with funding to come from
account #333-3161-541-61.11 (1987 Utility Tax Bond).
Background:
On December 13, 1988, bids were received from three (3)
contractors for the Tropic Isle Drainage Proj ect. This
project includes the installation of fifteen (15) storm
inlets, three (3) manholes, 1,200 L.F. of 15" and 21"
reinforced concrete pipe and the regrading and sodding of
approximately 2,300 L.F. of swale areas. The locations for
this work are Jasmine Drive at Jasmine Terrace, Jasmine
Drive at Jasmine Court; Jasmine Court, and Hyacinth Drive.
This award will complete Phase I of the Tropic Isle Drainage
Proj ect. Phase II includes Iris, Hyacinth Cul-de-sac,
Gardenia at Boone, and if funding is available, Fern, Ever-
green and Dogwood Streets, and will be bid in May, 1989.
The Engineering estimate for Phase I construction was
$98,660. The low bid is 11% above this estimate. As of
November 30, 1988 the fund balance for this proj ect was
$190,015.
Recommendation;
Staff recommends award of bid for the Tropic Isle Drainage
project to the low bidder, Charles S. Whiteside Inc., in the
amount of $109,300 with funding to come from account I
333-3161-541-61.11 (1987 Utility Tax Bond).
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO: PyRCHASING
FROM: )J~~ GATES D. CASTLE, P.E.
ASSISTANT CITY ENGINEER
SUBJECT: TROPIC ISLE DRAINAGE PROJECT- PHASE ONE
DATE: DECEMBER 21, 1988
Engineering has reviewed the bids received for the subject
project. Based upon this review, it is recommended that the
contract be awarded to Charles S. Whiteside, Inc. based on their
low bid of $109,300.00.
Attached are the Agenda Request and a copy of the Engineer's
estimate for, the project.
GDC:slg
Attachment
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100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 X!IMi/243· 7000
407
MEMORANDUM
TO: Walter O. Barry. City Manager
FROM: Robert A. Barcinski. Asst. City Manager Community Services ~
DATE: January 3. 1989
SUBJECT: Documentation City Commission Meeting 1/10/89
Authorization for Design Post. Buckley. Schuh & Jernigan. Inc.1
Miller Park Ground Storage Tank and Booster Pump.
City Commission Action
City Commission is requested to authorize Post. Buckley. Schuh and Jernigan.
Inc. to proceed with the design of the Miller Park Ground Storage Tank and
Booster Pump in the amoun~ of $88,000 with funding to come from Transmission
and Storage Fee Account.
Background
P.B.S.J. has submitted a proposal for design of the 2.0 million gallon Miller
Park ground storage tank and booster pump. The proposal includes a prelimin-
ary engineering report. site plan development services. surveys and testing,
and final design work. This project is included in the contract amendment
Exhibit II Attachment B 'Section lID dated 12/20/88 with P.B.S.J. Authori-
zation to proceed"is in accordance with contract requirements.
Recommendation
Staff recommends authorization as proposed for P.B.S.J. to proceed with
design of the Miller Park ground storage tank and booster pump in the amount
of $88,000 with funding to come from Transmission and Storage Fees.
RAB Ism
Attachments
THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO: Robert A, Barcinski
Assistant City Manager
FROM: Robert S. pontek~~
Director of Public Utilities
SUBJECT: PBS&J Contract Amendment for Miller Park Ground
Storage Facility
DATE: December 14, 1988
We have discussed the aspects of installing a'ground storage
tank and repumping facility within the proposed Miller Park
expansion. This would be accomplished using the southeast
portion of Miller Park (expanded area) for this purpose.
There havè been lengthy discussions with the engineers
to assure proper sizing is achieved and the facility may
be connected into the water distribution system in a
logical and orderly: manner. The most recent size determined
for this ground tank was established by PBS&J at 2.0 MG.
Based on the spacial constraints of the Miller Park reserve
area for this purpose, the tank will now be 43.5 ft in height.
The maximum height in the community facility zoning district
is 48 ft. This being now resolved to allow the tank, we
have a proposal from PBS&J (copy attached).
Please refer to page 6, specifically under Compensation.
Recent staff·additions in the Engineering Department may
allow the city to realize a savings in the resident services
with in-house staff providing this essential service. By copy
of this memo, I am suggesting that Gerry Church consider the
projected costs and determine if he may have adequate "talent"
to be dedicated to this project using a salary cost much less
that raw salary times 3.0.
The design phase could move forward at this time as we could
agree to the design, geotechnical and site plan costs. I have
some difficulty with the preliminary engineering report costs
as we have accomplished a great deal of this work thus far and
the size of the tank was established based on computer simulation
and hydraulic analysis by PBS&J.
I recommend authorization to PBS&J items 2.2, 2.3, and 2.4
with a ~otal fee not to exceed $81,000 for these items as
per the cost breakdown on page 6 of the attached. Funds would
be obtained from the water storage fees from:new development.
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AUTHORIZATION NO. 1 (ONE) TO AGREEMENT
Entered Into And Between
CITY OF DELRAY BEACH. FLORIDA
100 N. W. 1st Avenue
De1ray Beach. Florida. 33444
Dated December 20. 1988
And
POST. BUCKLEY. SCHUH & JERNIGAN. INC.
1665 Palm Beach Lakes Boulevard
Suite 500. Tower B
West Palm Beach. Florida 33401
For A
2.0 MILLION GALLON POTABLE WATER STORAGE TANK
AND BOOSTER STATION
Post. Buckley. Schuh & Jernigan. Inc. (ENGINEER) shall provide
professional engineering services. as hereinafter described. to the City
of De1ray Beach (CITY) for a proposed 2.0 Million Gallon Potable Water
Storage Tank. Booster Pump Station and Associated Appurtenances.
Proposed project will be designed on a parcel of property located in
Miller Park.
1.0 SCOPE OF SERVICES
. 1.1 Preliminary Engineering Report
This report will be a letter type report presenting preliminary
design criteria and sizing of major components including hydraulic
analysis for system characteristics during filling. The report will
include preliminary layout drawings. sketches and architectural
drawings indicating three (3) concepts of design. . Ten copies of the
report will be delivered and presented in person to the CITY.
Following review. comment and approval by the CITY. the preliminary
engineering report will be used as a basis for final design and
preparation of construction documents.
Proposed project fs envisioned to include the design of a 2.0 MG
ground storage reservior with a booster pumping station sized to
handle peak domestic and fire flow demands. The following is a
pre1 iminary design concept from which the fee for design services
was based.
a. Ground Storage Reservoir - The 2.0 MG reservC?ir will be a
prestressed concrete ground storage tank 100 feet in diameter
with 34 feet I-inch water depth and 43 feet 6-inches height to
top of dome. The tank design will include an aluminum caged
exterior ladder, a fiberglass interior ladder, a fiberglass
roof hatch, an aluminum manhole, an exterior tank level
indicator and a fiberglass roof ventilator. Tank floor shall
be sloped to a drain. The reseroir design will include an
altitude f111 valve with bypass piping and will include
instrumentation for automatic and remote operation. Any design
of architectural enhancement of the reservoir exterior not
available as a standard detail from the tank supplier will be
subject to compensation as out1 ined in Compensation for
Additional Engineering Services.
b. Pump/Control Building - The pump/control building will include
five major rooms which are: pump room, generator room,
electrical control room, ammoniation equipment/storage and
chlorine feed and storage room. The building w111 be designed
to be constructed of fluted CMU or CBS with reinforced concrete
roof insulation and standard built up roofing for
weatherproofing. The design will include an anodized aluminum
mansard roof and aluminum soffet for architectural treatment.
Passage doors, roll-up doors and louv,ers w11 1 be designed for
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... maximum architectural effect and low maintenance based on using
.
anodized aluminum materials. To provide a tempe ra tu re
controlled environment for the motor control center, electrical
controls, instrumentation and telemetry equipment, a wall
mounted packaged air conditioning unit with heat strips will be
designed for the electrical control room. The pump room will
include a power ventilator with thermostat control and
fiberglass wall ventilators will be included for the
chlorinator and the future ammoniator rooms.
c. Pumping Equipment - The design will be based on providing three
or four horizontal split case pumps with constant speed, open
drip proof motors. Pumping equipment will be designed based on
fi rm pumping capacity with the largest pumping unit out of
service. Discharge check valves for the pumps will be 0 ; 1
cushioned swing check valves. Hydraul ic pumping requirements
for the system will be determined based on existing
informat ion. The fee does not include any hydraulic modeling
that may be required. If it is determined that additional
modeling is required during design, compensa t i on will be as
outlined in Compensation for Additional Engineering Services of
our contract.
d. Chemical Feed Equipment - The design will be based on providing
a manual gas feed chlorinator equal to a Wallace and Tiernan
VI00 and dual 150 lb. chlorine cylinder gas feed with automatic
switchover. Chlorine sol ut ion will be fed a tone injection
point on the suction side of the high service pumps. Chlorine
solution injection will be controlled by a solenoid valve on
the injection water feed such that if the high service pumps
are off, chlorine solution will not be fed and if any of the
high service pumps are off, chlorine solution will be fed at
the manual feed rate selected. Dual 150 lb. chlorine cylinder
scales will be included. The chlorine room will be sized to
house both chlorine feeding equipment and 150 lb. chlorine
cylinders.
The design will not include the provision of any ammoniation
equipment, however, a sepa ra te room will b'e provided with
sufficient size to add ammonia feeding and storage equipment in
the future.
e. Electrical Equipment - Electrical switchgear for all major
equipment wil,l be designed around a manufactured motor control
çenter. The project will include an emergency diesel generator
set with an automatic transfer switch. The generator unit will
be sized for the maximum connected load to maintain full
pumping capacity as well as to handle ~ite lighting, controls,
instrumentation and telemetry requirements. The design will
include an aboveground diesel fuel tank with concrete retaining
structure, diesel fuel day tank, battery charger and other
required accessory equipment for the generator set. Interior
lighting wl1l be standard industrial grade pendent mounted
fluorescent lighting. Exterior 1 ighting requirements will be
based on high pressure sodium vapor lighting adequate for
personnel safety and security needs. The design of
sophisticated security system(s) is not included in the fee for
design services.
f. Instrumentation and Telemetry - The design will include the
fo llowi ng instrumentation package: free standing pumping
station control panel including s ta tu s 1 i ghts and H- 0- A
switches for the pumps and altitude valve¡ a programable pump
controller for the booster pumps¡ a local pressure
cell/transmitter for pump control¡ a chlorine gas leak detector
with alarm¡ a chlorine residual analyzer¡ and a chlorine
residual recorder housed in the control panel. The chlorine
analyzer w111 not be looped to the chlorination system to
control chlorine feed. A radio telemetry system 1 ink between
the water treatment plant and the proposed booster station will
provide-for remote supervisory control of the booster pumps and
the storage tank f111 altitude valve. Design includes alarm
1 ights (failure indicator) on pumps and generator. The design
does not include a system pressure, recorder, tank level
transmitter and recorder, nor s ta t ion influent and effluent
flow meters and recorders.
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Additional i nstrumenta t ion or telemetry components, system
pressure sensing nodes or additional modification of the
existing wa te r treatment plant or distribution sys tem
instrumentation and telemetry system, except as outlined in
this proposal, are subject to compensation as outlined in
Compensation for Additional Engineering Services.
g. Site Work - The design will include provision for an asphalt
paved access roadway, concrete s idewa lks requ ired for personnel
access, site fencing including a cantilever gate, landscaping
with an irrigation system, storm water structures and culverts.
It is anticipated that storm water runoff will be directed to
the existing adjacent pu b 1 i c park storm drainage/retention
system'. Any requirements for special permitting or retention
pond design are not included in the design fee and are subject
to compensation as outlined in Compensation for Additional
Engineering Services.
1.2 Site Plan Development Services
ENGINEER will provide associated engineering services required for
project compliance with the City Planning and Zoning Department such
as preparation and submittal of Conditional Use Applications,
rezoning considerations, site plan generation, meetings with the
Planning and Zoning Ðepa rtment s ta f f for site plan approvals and
attendance and presentations at public hearings.
This proposal conta i ns an allowance of sixteen (16) hou rs for a
Senior Engineer to attend meetings with City Staff and the Community
Appearance Board.
. 1.3 Surveys, Geotechnical Testing and Permits
ENGINEER will obtain a bounda ry and topographic survey of the
proposed project site. All necessary soil borings and geotechnical
testing will be obtained to perform the structural design of the
tank and booster station.
ENGINEER will prepare and furnish to the Ci ty for thier execution
and submittal, all necessary regulatory agency permit app1 icat;ons
along with all required documentation and will pursue each permit on
beha 1 f of the City. The City shall be responsible for all
regulatory agency permit fees. An inventory of the permitting
agencies having jurisdiction on this project is as follows:
1. Florida Department of Environmental ,Regulation
2. City of 'Del ray Beach, Engineering, Public Works, and
Building Departments.
3. South Florida Water Management District
4. Palm Beach County Health Department
5. Florida Department of Transportation
1.4 Final Design Services
Final design criteria will be based on the scope of design included
in this proposal and on the Preliminary Engineering Report as
approved and accepted by the CITY. The final design will be
consistent with applicable local and state regulatory agency
requirements. ENGINEER will prepare contract drawings. technical
specifications and contract documents consistent with CITY
requirements. ENGINEER will submit three (3) copies of contract
sets for the CITY's review and comment at 50% and 95% stages of
design completion plus three (3) copies of final contract sets 'will
be delivered to the CITY for its purposes. ENGINEER will prepa re
and submit to the CITY an opinion of probable construction cost.
2.0 Compensation
Compensation .for engineering services shall be based upon the
AGREEMENT entered into and between the CITY and ENGINEER on June 10.
1985 for Additional Services and latest AMENDMENT December 20. 1988.
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Estimated budget for the proposed 2.0 Million Gallion Potable Water
Storage Tank and Booster Station is as follows:
2.1 Preliminary Engineering Report $ 7,000
2.2 Site Plan Development Services 8,000
2.3 Surveys, Geotechnical Testing 13,000
and Permi ts
2.4 Final Design Services 60,000
Total Estimated Fee $ 88,000
3.0 Time of Service
The Preliminary Engineering Report is estimated to be completed within
forty-five {45} calendar days" after receipt of notice to proceed.
Following receipt of written comments and approval from the CITY on
the Report, it is estimated that Site Plan Development; Surveys,
Geotechnical Testing and Permits; and Fi na 1 Des ign Services will be
completed and the project ready for bidding within 150 calendar days.
This time of completion assumes a maximum cumulative review time of 14
calendar days for the CITY to review the design documents at 50% and
95% stages of design.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this AMENDMENT to AGREEMENT upon terms and conditions above stated on this
day of , 1988.
For the ENGINEER: For the CITY
POST, BUCKLEY, SCHUH & JERNIGAN, INC. CITY OF DELRAY BEACH
By: By:
Doak S. Campbell, III
Mayor
Attest: Attested:
Approved as to Form
Ci ty Attorney
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£ITY DF DELRAY BEA[H
100 N,W, 1st AVENUE DELRAY BEACH:FLORIDA 33444 401/243-1000
MEMORANDUM
TO: Walter O. Barry. City Manager
FROM: Robert A. Barcinski. Assistant City Manager ~
Community Services
DATE: January 3. 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 10. 1989 - USGS STUDY FOR LAKE
WORTH DRAINAGE DISTRICT
Item Before City Commission:
City Commission is requested to commit to participation in a
USGS Study for the Lake Worth Drainage District and author-
ize the payment of $3.515. as the City's pro-rata share for
the study.
Lake Worth Drainage District is proposing that a study be
conducted by USGS to determine the amount of water necessary
to recharge the drainage district canals and to monitor
ground water level fluctuations.
Each of the public water suppliers in the district are being
asked to participate in the study. Eighteen governmental
agencies are scheduled to participate. A copy listing the
agencies and their pro-rata share is attached.
Recommendation:
Staff recommends participation in the USGS study and the
authorization of $3.515, towards the study as the City's
pro-rata share. Funding to come from account code # 441-
5111-536-33.11 (Water and Sewer Administration-Operating).
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
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RECEIVED
MEMORANDUM IE 1 5 88
TO: Robert A. Barcinski
Asst. City Manager
FROM: Robert S. Pontek
Director of Public Utilities
SUBJECT: USGS STUDY OF LAKE WORTH DRAINAGE
DISTRICT & WELLFIED RECHARGE
DATE: December 15, 1988
Several months ago we attended a major meeting with the various
utilities and regulatory agencies regarding proposed work to be
conducted by the USGS which will lead to a better definition of
the recharge to the Lake Worth Drainage District canal systems
and is anticipated to assist the utilities during permitting for
new productipn wells. Staff are fully supportive of this program
and the concept proposed by the LWDD was to assemble a cost share
between the benefitted utilities and the agencies, being South
Florida Water Management District, Lake Worth Drainage District
and USGS.
We believe this is precisely the level of involvement which is
necessary for the continued development of technically correct
approaches to wise water resource management and to gather
essential information by the USGS, with virtually no vested
interests.
Therefore, I recommend the study be supported by the City of
Delray Beach and that funding be committed in the total amount of
$3,515.00 to the USGS for this two year evaluation study program.
Kindly place this matter before the City Commission for antici-
pated approval.
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~.øø Ioald of aup.;.¡.
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a.c..tarylManåo«
WlUlam G. Wlnte,.
LAKE WORTH DRAINAGE DISTRICT ~Iotant Manag...
Richard S. Wheellha.n
Attom.-¡
13081 MiliTARY TRAil Adarna & Perry, P.A,
DElRAY BEACH, FLORIDA 33484
November 18, 1988
Mr. Robert S. Pontek, P.E.
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: U.S.G.S. Study of Lake Worth Drainage District/Wellfields
Gentlemen:
Enclosed you will find a breakdown of the monies needed to
complet~ the above referenced study. As you will see, the
U.S.G.S., S.F.W.M.D., P.B. County Utilities and L.W.D.D. will
be financing the bulk of this study. Your snåre of this study
is minimal. Pleas~ look thru this list, finq your allocated
am~unt and submit your payment to this District.
If you have further questions pertaining to this issue,
please contact us. Otherwise, consider this as a statement
from our District for recharge of your well field systems.
Very truly yours,
LAKE WORTH DRAINAGE DISTRICT
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William G. Winters
Manager
WGW:sll
Enclosure
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Oelray Beach & Boca Allton 4es.5363 . Bovnton Beach & West Palm B..ch 737-3835
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PUBLIC WATER SUPPLIERS LOCATED WITHIN THE lAKE WORTH DRAINAGE DISTRICT
PERMIT NO UTILITY ANNUAL ALLOCATION CONTRIBUTION $
5000036W VILLAGE OF PALM SPRINGS 1606 MG (4.40 MGO) $ 1,007.00
5000083W ATLANiIS UTILITIES COMPANY 268 MG (0.73MGO) 171. 00
5000137W TROPICAL BREEZE ESTATES
(FORMERLY NORTHERN PINES) 24 MG(0.07 MGO) 19.00
5000177W CITY OF DELRAY BEACH 5610 MG (15.37 MGD) 3,515.00
5000178W CENTURY VILLAGE 594 MG (1.63 MGO) 3'80 . 00
5000179W JAMAICA BAY PROPERTIES 78 MG ~0.21 MGD~ 38.00
5000234W lAKE WORTH 'UTILITIES 2850 MG 7.81 MGO 1~786~00
5000367W CITY OF BOCA RATON 14200 MG (38.90 MGO) 8,892.00
5000499W CITY OF BOYNTON BEACH 3890 MG (10.66 MGD) 2,432.00
5000562W MEADOWBROOK 625 MG ~ 1. 71 MGD) 380.00
5000572W NATIONAL MOBILE INDEPENDENTS 88 MG 0.24 MGD) 57.00
5000612W VILLAGE OF GOLF 237 MG (0.65 MGO) 152.00
5001007W FLORIDA WATER SERVICE 215 MG (0.59 MGD) 133.00
5001283W ARROWHEAD MOBILE HOME PARK 56 MG (0.15 MGD) 38.00
PALM BEACH COUNTY SYSTEMS
1,.3&9~ 9690 MG (26.55 MGD) 37,000.00
SFWMO 30,000.00
lWDD 19,000.00
USGS 96~930.00
TOTAL $201,930.00
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100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 XImt/243· 7000
407
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Asst. City Manager Community Services ~
DATE: January 3, 1989
SUBJECT: Documentation City Commission Meeting 1/10/89
Authorization for Post, Buckley, Schuh & Jernigan, Inc./ \-
Design Proposal/Water Treatment Plant Design
City Commission Action
City Commission is requested to authorize Post, Buckley, Schuh and Jernigan,
Inc. to proceed with design of the Water Treatment Plant Laboratory in the
amount of $15,000 with funding to come from 1984 Water and Sewer Bond funds.
Background
~
A proposal has been received from P.B.S.J. to complete the Water Treatment
Plant Lab design. The lab is being redesigned to provide for a full service
certified laboratory which will include the installation of a gas chromato-
graph and atomic absorption unit. The redesign will provide for a certified
laboratory. Estimated cost of the laboratory with all equipment is $236,000.
This authorization to proceed with design is in accordance with the contract
amendment approved 12/20/88 between the City and Post Buckley and is con-
sidered additional services. Copies of the proposal, P.B.S.J. letter and
staff comments are attached.
Recommendation
Staff recommends authorization for Post, Buckley, Schuh and Jernigan, Inc. to
proceed with' the Water Treatment Plant Lab design in an amount not to exceed
$15,000. Funding to come from 1984 Water and Sewer Bond Fund. Authorization
in accordance with contract amendment approved 12/20/88.
RAB/sm
Attachments
THE EFFORT ALWAYS MATTERS
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1665 PA&.M lEACH IAK1S II.VD, ....,_._...._. __.____.__.__._..__m_._.._u~.___._____.____'._._____.. _..__.____" _.n.. ."..n
SUITt 500. TOWVt I .. .._.,___...______.__._._.____.._,__.__..l-_____......__~.__.__. m.
. WEST PALM lEACH, FLOtUDA ))40 I
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December 29, 1988
Robert Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: City of Delray Beach
Proposed Water Treatment Plant Laboratory
Dear Mr. Barcinski:
The existing design of the Administration Building allocated gross space
only for a process control laboratory and did not include the following:
1. Laboratory furniture
2. Laboratory equipment
3. Fume Hoods
4. Other miscellaneous reagents and equipment
It is now the desire of the Utility Department to install a full service
laboratory because the City has been expending large sums of monies for
outside laboratory services. Utility Department also desires to obtain
laboratory certification.
Uti1;'ty Department desires to install a gas chromatograph and an atomic
absorption unit. To implement this request, additional engineering
services are required as follows:
1. Revise floor plan of second floor to include a separate
qual ity assurance managers office and a separate room for
the gas chromatograph and atomic absorption unit. Revise
lighting, plumbing and electrical plans accordingly.
2. Design the plumbing and electrical system for the proposed
laboratory.
3. Redesign the HV AC to i nc 1 ude zone contro 1 and design a
separate once thru HVAC for laboratory.
'4. Design an exerior gas cylinder storage area for the gas
chromatograph and atomic absorption unit including the
necessa ry plumbing from the gas cylinders to the
equipment.
5. Redesign parapet' wall to shield the fume hood blowers on
the roof.
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Robert Barcinski, Assistant City Manager
December 29, 1988
Page 2
6. Revise existing specifications and ~repare new
s~ecifications for architectural, plumbing, electrical and
HAC.
7. Prepare specifications for all laboratory furniture,
equipment, reagents, etc.
A revised cost estimate for the proposed full service laboratory is as
fo 11 ows :
1. UV - Visible, Double-Beam $ 10,000
Scanning Spectrophotometer
2. Gas Chromatograph 48,000
3. Atomic Absorption Spectrophotometer 78,000
4. Miscellaneous equipment, glassware 35,000
reagents, etc. requested by City
5. Other equipment, glassware, reagents, etc. 15,000
recommended by PBS&J
6. Laboratory Furniture, Fume Hoods, 50,000
Acid Storage, Wall Units, etc.
7. Engineering Services 15,000
Total Estimted Costs $251,000
Our original cost estimate of $215,000 did not include the atomic
absorption unit requested by the Utility Department.
If you have any questions, please call.
Sincerely,
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
f?JÆ~q( ~~~_-ß
William H. Greenwood
Manager of Environmental Services
WHG :sb
cc: Walter Barry
Robert Pontek
Larry Martin
Fred Bi ery
J.R. Voorhees
w:A40-x:14-009.00
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AMEHDMEKT TO AGREEMENT
Entered into and Between
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
AND
Post, Buckley, Schuh & Jernigan, Inc.
Engineers, Architects and Planners
1665 Palm Beach lakes Boulevard
Suite 500 - Tower B
West Palm Beach, Florida 33401
FOR
Design of Water Treatment Plant Laboratory
1.0 Scope of Services
The services to be provided by the ENGINEER under this Agreement are
described as follows:
1.1 Revise existing Water Treatment Plant Expansion Project (PBS&J
No. 14-009.21) architectural, plumbing, electrical and HVAC
drawings to include the following:
a. Quality Assurance/Quality Control Manager Office
b. Gas Chromatograph and Atomic Absorption Unit
Laboratory Room
c. Bacteriological Laboratory Room
d. Wet Chemistry Laboratory Room
1.2 Prepa re specifications for the requested Gas Chroma tograph,
Atomic Absorption and Ultra-Violet visible spectrometer.
Prepare speci fications for the bacteriological laboratory and
wet chemistry 1(þora9ry. Specifications will include all
necessary related eqúipment, reagents and materials to perfroll!
the required United States Environmental Protection ~Agencj~
Safe Drinking Water Act, Primary and Seconda ry Standards
including TOC's, Pesticides and heavy metals.
1.3 Prepa re speci fications for the laboratory furniture, desks,
chairs, sinks, etc.
1.4 City will be responsible for applying and obtaining the
necessary Florida laboratory certifications.
2.0 Compensation
Compensation for engineering services sha 11 be based upon the
AGREEMENT entered into and between the CITY and ENGINEER on June 10,
1985 for Additional Services or latest AMENDMENT.
Estimated budget for the proposed Design of Water Treatment Plant
Laboratory is $15,000.
3.0 Time of Service
The design and specifications are anticipated to be completed within
forty-five (45) calendar days after receipt of notice to proceed.
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IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this AMENDMENT to AGREEMENT upon terms and conditions above stated on
, 1988.
For the ENIGNEER: For the CITY:
POST, BUCKLEY, SCHUH & JERNIGAN, INC. CITY OF DELRAY BEACH
By: By:
Doak S. Campbell, I II
Mayor
Attest: Attest:
Approved as to Form:
City Attorney
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£ITY DF DELHAY BEAEN
100 NW, 1st AVENUE OELAAY BEACH,FLOAIDA 33444 407/243,7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager~
Community Services
DATE: January 4, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 10, 1989 - BID AWARD - INSTALLATION
AND INSTRUMENTATION - GOLF COURSE WELL FIELD
Item Before City Commission:
Commission is requested to award a bid to Youngquist Broth-
ers, Inc., low bidder, in the amount of $172,000, less
$9,950, total of $162,050, for the installation and instru-
mentation of the seven (7) golf course wells with funding to
come from account #441-5163-536-60.71 (1983 Water and Sewer
Bond Fund).
Background:
Invitations to bid were sent to twelve (12) area contractors
and advertised in the Palm Beach Post for the installation
and instrumentation of seven (7) golf course wells. The
work includes pump installation, electrical work and instru-
mentation, and bacteriological clearance testing. The
contract if for 120 calendar days. The contractor began
work January 9, 1989, under an emergency purchase order for
$9,950. Included is cementing in well head bases and
starting on electrical work for wells 117 and #8. Attached
is a copy of staff recommendations with a bid summary.
Recommendation:
Staff recommends award of the bid to the low bidder
Youngquist Brothers, Inc., in the amount of $162,050
($172,000 less $9,950) for the installation and instrumenta-
tion of seven (7) golf course wells with funding to come
from account #441-5163-536-60.71 (1983 Water and Sewer
Bonds).
RAB: sk
attachment
THE EFFORT ALWAYS MATTERS
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Russell & Axon, Inc.
Established in 19Z0
December 29, 1988 .
City of Delray Beach
100 N.W. 1st Street
Delray Beach, Florida 33444
Attention: Mr. Larry Martin, Director of Public Utilities
Subject: Interim Golf Course Well Field - Part E
Equipment Installation and Instrumentation
R&A Project No. 00724K
Gent} emen:
Attached please find the Bid Tabulation for the Bids received for the
subject proje~t on December 21, 1988.
We received three (3) bids ranging from $172,000.00 to $249,466. The low
bidder was Youngquist Brothers, Inc., of Fort Myers, with the bid of
$172,000.00. Our investigation of Youngquist Brothers has shown them to be
an apparently responsible contractor with the experience, equipment,
personnel, and financial capabilities required to successfully complete this
portion of the project. Therefore it is our recommendation that the contract
for construction of the Interim Golf Course Well Field - Part E
Equipment Installation and Instrumentation be awarded to the low bidder in
the amount of $172,000.00.
Please review the Recommendations of Award and the Bid Tabulation attached
and advise us when to proceed with preparation of the Contracts for th1s
portion of the project.
If you have any questions on the bids received or need additional
information please contact this office.
Very truly yours,
RUSSELL & AXON, INC. \
~.¿.;$-
Mic~ael C. Brown, P.E. -
Project'Manager
cc: Ted Glas, Purchasing Director
Youngquist Bros., Inc.
Centech Utility Corp.
Mer d ith Corp.
Boca Office
DAB Office
319 ELM AVENUE. SANDFORD, FLORIDA 32771.407/330-2481
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M E M 0 RAN DUM
TO: Robert A. Barcinski, Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director
DATE: December 23, 1988
SUBJECT: Bids on Installation & Instrumentation of Golf
Course Well Field Equipment, Bid #89-17
Invitations to Bid were sent to twelve (12) area contractors
on November 29, 1988. A legal advertisement was placed in
the Palm Beach Post on November 26, 27, and 28, 1988.
Three (3) contractors submitted bids for the December 21,
1988 bid opening. Russell & Axon has supplied a certified
Tabulation of Bids, for you r review.
The low bid was submitted by Youngquist Brothers, Inc. at a
cost of $172,000. Russell & Axon's estimate for this work
is $200,000. The bid is 14% under the Engineer's estimate.
Following staff analysis and review, it is recommended that
the contract be awarded to the low bidder, Youngquist
Brothers, I nc. , at a cost of $172,000.
Per the Budget Office, funding for this project is available
from account #441-5163-536-60.71 (Water & Sewer Fund - 1983
Improvement).
As Emergency Procurement, on December 23, 1988, Youngquist
Brothers, Inc. was authorized to start work on wells #7 and
#8 in an amount not to exceed $9,950. in order to speed up
the completion of these two wells.
ffJ ~
Ted Glas
Purchasing Director
Attachments:
Memorandum from Public Utilities
pc Yvonne Kincaide
Larry Martin
Robert Ponteck
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MEMORANDUM
TO: Robert A. Barcinski
Asst. City Manager
FROM: Larry Martin
Deputy Director of Public Utilities
SUBJECT: GOLF COURSE WELLFIELD BIDS
DATE: December 27, 1988
We have received the bids for the interim golf course wellfield
equipment installation and instrumentation (Project i00724-E).
Following is a summation of the bids:
Meridith Corp. Centech Utile Youngquist Bros.
Item #1
Mobilization 15,000 26,405 30,000
Item #2'
Remove
Temporary 500 1,500 1,000
Item #3
Install
7 Pumps 22,000 21,000 40,000
Item #4
Install
Connection 70,466 10,500 3,000
Item #5
Electrical
&
Instrumentation 131,000 120,000 95,000
Item #6
Bacteriological
Testing 10,500 7,000 3,000
TOTAL 249,466 186,405 172,000
I have been in contact with Mike Brown of Russell & Axon who have
been representing us throughout this project and he has investi-
gated the credentials of the sub-contractors as well as the
bidders themselves.
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Mr. Brown's recommendation is to accept the low bid. I concur.
This information was gathered by telephone in the interest of
time. Please let me know if you need anything further.
~
ATT:
cc: FILE
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[IT' DF DELRA' BEA[H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 )Qmt,1243' 7000
407
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Asst. City Manager Community Services ~
DATE: January 3, 1989
SUBJECT: Documentation City Commission Meeting 1/10/89
Bid Award Beach Wall Restoration
City Commission Action
City Commission is requested to award a bid to the low bidder Ralph Osborn,
Inc. in the amount of $39,980 for the A-1-A Beach Wall Restoration project
with funding to come from account #332-4167-572-60.69 (General Construction
Fund Beach Improvements Other) revenue transferred from Beach Restoration
Fund.
Background
In 1987 City Commission approved recommendations of the Beach Advisory
Committee for beach improvement projects and authorized funding to come from
the Beach Restoration Fund and the Recreation Impact Fund. These projects
included the sidewalk widening on A-I-A, flag pole improvement area, shelters
at the north and south ends of the beach, showers, trash receptacles, benches
and lifeguard towers. The last project to be completed is the restoration of
the embankment wall on the north end of the beach.
Invitations to bid were sent to eleven (II) area contractors and two (2) bids
were received on December 14, 1988. This project inèlude,s the removal of
rust causing steel bars in the wall, sand blasting, coating of the wall
cavities with a non-reemu1sifiab1e bonding agent and çoating with a
non-shrink Newcem finish (2 coats). Staff recommendations and a bid summary
are attached. Engineering estimate for this project was $50,000.
Recommendation
Staff recommends award of bid to Ralph Osborn, Inc. in the amount of $39,980
for the Beach Wall Restoration Project with funds to come from account
332-4167-572-60.69 (revenue from Beach Restoration Fund).
RAB /8m
Attachments 3~F
THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: Robert A. Barcinski, Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director
DATE: January 3, 1989
SUBJECT: Bids on A-l-A Beach Wall Restoration, Bid #89-16
Invitations to Bid were mailed to eleven (11) area
contractors on November 16, 1988. A legal advertisement was
placed in the Palm Beach Post on November 21, 1988.
Two (2) contractors submitted bids for the December 14, 1988
bid opening. A Tabulation of Bids is attached for your
review.
The low bid was submitted by Ralph Osborn, Inc. at a total
cost of $39,980. Engineering's estimate for this work is
$50,000. The bid is 20% under Engineering's estimate.
Following staff analysis and review, it is recommended that
this contract be awarded to the low bidder, Ralph Osborn,
I nc. , at a cost of $39,980.
Per the Budget Office. funding for this project is available
from account #334-4170-572-60.69 (General Construction Fund-
Beach Improvements- Improvements Other).
~ ~
Ted G1as
Purchasing Director
Attachments:
Tabulation of Bids
Memos from Director of Parks & Recreation
pc: Yvonne Kincaide
Joe Weldon
Gerry Church
" ~~ 1~L¡.-3<1
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£ITY DF DELIAY BEA[H
100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 ~/243, 7000
407
MEMORANDUM
TO: Walter o. Barry, City Manager
FROM: Robert A. Barcinski, Ass~. City Manager Community Services~
DATE: January 3, 1989
SUBJECT: Documentation City Commission Meeting 1/10/89
Bid Award Drainage and Roadway Improvements
Black Olive and Homewood Boulevard
City Commission Action
City Commission is requested to award a bid to the low bidder, Marks Paving
Company, in the amount of $154,897.75 for roadway and drainage improvements
at Black Olive and Homewood Boulevard. Funding to come from account
#334-3162-541-61.82 (General Construction Fund - Homewood Blvd.) and will be
reimbursed from Gounty Road Impact Fees.
Background
Invitations to bid were mailed to thirty-four (34) area contractors on
11/14/88 and nine (9) bids were received on 12/12/88.
This project consists of installing approximately 1300 lineal feet of storm
drainage along Black Olive Boulevard, the intersection of Homewood and Black
Olive and S.W. 15 'Street just west of Homewood Boulevard; curb and sidewalk
installation on the east side of Homewood Boulevard from Black Olive to
Lowson; widening the east side of Homewood Boulevard to accommodate two lanes
of traffic; and resurfacing of Homewood Boulevard from Linton to Lowson.
Engineering estimate was $158,825. Staff recommendations and a bid summary
sheet are attached.
Recommendation
Staff recommends award of bid to Marks Paving Company in the amount of
$154,897.75 for Roadway and Drainage Improvements Black Olive/Homewood Blvd.
Funding to come from account 334-3162-541-61.82 and will be reimbursed from
County Road Impact Fees.
RAB/sm
Attachments
THE EFFORT ALWAYS MATTERS
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M E MORA N DUM
TO: Robert A. Barcinski, Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director
DATE: January 3, 1989
SUBJECT: Bids on Drainage & Roadway Improvements - Black
Olive And Homewood Blvd. Bid # 89-14
Invitations to Bid were mailed to 34 area contractors on
November 14, 1988. A legal advertisement was placed in the
Palm Beach Post on November 18, 1988. Fourteen (14)
contractors picked-up plans and specification from the
Purchasing Office.
Nine (9) contractors submitted bids for the December 12. 1988
bid opening. A Tabulation of Bids is attached for your
review.
The low bid was submitted by Marks Paving Company at a cost
! of $154.897.75. Engineering's estimate for this work is
$158,825. The bid is 2 % under Engineering's estimate.
Following staff analysis and review, it is recommended that
this contract be awarded to the low bidder Marks Paving
Company. at a cost of $154,897.75.
Per the Budget Office. funding for this project is available
from account #334-3162-541-61.82 (General Construction Fund-
Homewood Blvd. Improvements).
~ ~
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bids
Memo from Engineering
pc Yvonne Kincaide
Gerry Church
Gates Castle
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M E M 0 RAN DUM
TO: PURCHASING
FROM: )J ~ L GATES D. CASTLE, P.E.
SUBJECT: DRAINAGE AND ROADWAY IMPROVEMENT,
BLACK OLIVE AND HOMEWOOD BOULEVARDS
DATE: JANUARY, 3, 1989
Engineering has reviewed the low bid for the subject project
as submitted by Marks Paving Company. Since this office was
unfamiliar with the low bidder's work, several references were
checked and the Contractor was found to be competent. Therefore,
it is recommended that the subject contract be awarded to Marks
Paving Company based on their low bid of $154,897.75 and a com-
pletion time, of 90 days.
The project consists of installing approximately 1300 lineal feet
of storm drainage pipe (w/structures) along Black Olive Boulevard,
the intersection of Homewood Boulevard and Black Olive Boulevard,
and S.W. 15th Street just west of Homewood Boulevard; placing
of curbing and sidewalk along the east side of Homewood ,Boulevard
from Black Olive Boulevard to Lowson Boulevard; widening the east
side of Homewood Boulevard from Black Olive Boulevard to Lowson
Boulevard to accomodate two northbound lanes; and resurfacing
of Homewood Boulevard from Linton Boulevard to Lowson Boulevard.
The requi red Agenda Request and a copy of the Engineer's estimate
for the project are attached. Since funding will be by reimburse-
ment from County Road Impact fees, an account number has been
requested from Yvonne Kincaide.
GDC:slg
Attachment
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£ITY DF DELIAY BEA£H
, 00 N,W, 1st A VENUE DELRAV BEACH, FLORIDA 33444 407/243,7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Manager/ ~
Community Services
DATE: January 5, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 10, 1989 - BID AWARD - 2,000 GALLON
TANKER - FIRE DEPARTMENT
Item Before City Commission:
City Commission is requested to award a bid to Walker
Stainless Equipment Company in the amount of $71,313, for a
2,000 gallon tanker truck for the Fire Department. Funding
is available in account #333-2311-522-60.84 (1987 Utility
Tax Fund - Fire Department - Auto). Bid includes chassis
and tank.
Background:
Invitations to bid were submitted to seven (7) vendors on
November 2, ,1988. Only one bid was received on November 21,
1988. The tanker is part of the fleet modernization program
and will be utilized in areas of the community with limited
water supplies including newly annexed areas, as well as
provide coverage along the 1-95 corridor. Attached are
copies of staff memorandums and the bid summary sheet.
Staff Recommendation:
Staff recommends award of bid to Walker Stainless Equipment
Company in the amount of $71,313, with funding to come from
account #333-2311-522-60.84 (1987 Utility Tax Fund - Fire
Department - Auto).
RAB:sk
attachment
THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: Robert A. Barcinski, Assistant City Manager/
Management Services
FROM: Ted Glas, Purchasing Director
DATE: January 4, 1989
SUBJECT: Bids on 2000 Gallon Tanker Truck for Fire
Department
Invitations to Bid were mailed to seven (7) vendors of this
type equipment on October 31, 1988. A legal advertisement
was placed in the Palm Beach Post on November 2, 1988.
One (1) vendor submitted bids for the November 21, 1988 bid
opening. A Tabulation of Bids is attached for your review.
(Note two op'tions on chassis, plus cost of tank) .
Fallowing staff analysis and review, it is recommended that
the purchase of a 2000 gallon tanker truck be awarded to
Walker Stainless Equipment Company at a cost of $71,313.
Per the Budget Office, funding for this purchase is
available in account # 333-2311-522-60.84 (1987 Utility Tax
Fu nd- Fire Department- Auto).
fÍd ~
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bids
Memo from Fire Department
pc Yvonne Kincaide
Chief Koen
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[ITY DF DELRAY BEA[H
FIRE DEPARTMENT
KERRY B. KOEN
Fire Chief
M E M 0 RAN DUM
TO: WALTER O. BARRY, CITY MANAGER
FROM: KERRY B; KOEN, FIRE CHIEF
DATE: JANUARY 3, 1989
SUBJECT: AWARD OF BID - 2,000 GALLON TANKER
The Fire Department recently solicited bids for a 2,000
gallon tanker apparatus as part of our fleet modernization
program authorized by the Utility Tax Bond program. This
apparatus will be used to serve areas of the community with
limited water supplies, as well as newly annexed areas which do
not yet have adequate fire hydrant coverage. Further, this
equipment will be used to increase our fire suppression
capability along the 1-95 corridor and other areas of limited
access.
This apparatus was previously bid in March of 1988.
However, that ,bid process failed to produce a price for this
equipment which, in the view of the Fire Department, was in
keeping with the type of equipment being sought. Accordingly,
the bids were rejected by the City Commission on June 14, 1988
and we readvertized. The result of that process is now before
the City Administration. Seven firms known to make this type of
equipment were solicited for bids. This list of potential
bidders rep~esents all firms identified through a variety of
national trade publications as producing this type of equipment.
A bid opening on November 21, 1988 produced two bids from Walker
Stainless Equipment Company of Tavares, Florida and no bid from
Southern Coach, Inc., due to not being able to meet our bond
requirements. While only Walker Stainless Equipment Company
submitted a valid bid, I believe that we have now reached the
point that further rebidding would not produce significant
response from other firms. Apparently, other firms are not
interested in responding at this time, as they did not even
return a bid questionnaire.
FIRE OEPARTMENT HEAOQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH. FLORIDA 33444 . 4071243-7400
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Page 2 Fire Department
Walter O. Barry, City Manager Tanker Bids
Further, the recommended bid in the amount of $71,313 is
$7,458 (9.5%) less than the previous Walker bid received in the
spring of 1988. While the apparatus design was somewhat altered,
and the tank size was reduced from 2,500 gallons to 2,000
gallons, we believe that these modifications to the original
specifications have now produced maximum savings without
sacrificing quali ty or performance standards. Further
modifications and/or rebidding is not recommended. The
exceptions noted by Walker are acceptable to the City.
Therefore, I recommend that this item be placed on a City
Commission agenda for consideration as soon as possible, and that
favorable consideration and award approval be requested. A copy
of the bid spread sheet is attached for your review. Funding for
this purpose is available in Account No. 333-2311-522-60-84.
V~~.\~
Kerry B. Koen
Fire Chief
KBK/ew
Attachments
cc; Ted Glas ~
Mr. Barcinski
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£ITY DF DELIAY BEA[H
100 N,W, 1st AVENUE DELRAV BEACH, FLORIDA 33444 407/243,7000
MEMORANDUM
TO: Walter O. Barry, City Manager
FROM: Robert A. Barcinski, Assistant City Managerl ~
Community Services
DATE: January 3, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 10, 1989 - LAUNDRY ROOM LEASE -
CITY MARINA
Item Before City Commission:
City Commission is requested to approve a five (5) year
lease of laundry room space at the City Marina, with King
Coin, Inc., for the purpose of providing a coin operated
washer and dryer service for City Marina residents.
King Coin, Inc. will install and maintain one washer and
dryer at the City Marina, May tag or equal. King Coin, Inc.,
will collect the first $600 revenue then provide the City
30% of additional revenue, payments to be made quarterly.
All comments from the City Attorney have been incorporated,
except 60 day cancellation, right of first refusal in lease
agreement and water charge. Cancellation can be made on
demand. This lease will be more cost effective than owning
equipment ourselves. King Coin, Inc., was the only bidder.
Recommendation:
Staff recommends approval of five (5) year lease agreement
with King Coin, Inc.
RAB:sk
attachment
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LAUNDRY ROOM LEASE
THIS LEASE AGREEMENT made this day of 1989 by and between
Delray Beach Parks And Recreation
50 N W First Avenue
Delray Beach, Florida 33444
hereinafter called LESSOR, being the owners, lessees, or auth-
orized managing agents of the premises known as
Delray Beach Marina
Delray Beach, Florida
and KING COIN, INC., a Florida Corporation with offices at C-I08
Capri, Delray Beach, Florida 33445 telephone 305-585-3419, here-
inafter called LESSEE, agree as follows:
1. LESSOR hereby leases to the LESSEE a portion of said
premises, specifically a room thereof located on the ground
floor consisting of approximately square feet, commonly
known as the "laundry room".
2. The term of this lease shall be for five (5) years commen-
cing , 1989 and termininating ,
1993. Upon termination the lease may be renewed for the
same terms by the mutual written consent of both parties.
3. LESSEE shall be entitled to use the leased premises for a
laundry room.
4. The initial charge per load for the washer and dryer shall
be $1.00 per wash and $1.00 per hour to dry. Prices will not
be increased without written permission from the City.
5. LESSEE shall at its own cost and expense supply, install,
operate and maintain coin metered laundry equipment and
furnishings in the demised premises in such quantities as
one pair of commercial, coin operated laundry machines in
the laundry room (MAYTAG or equal). LESSOR shall provide
and make available without charge to the LESSEE, at all
times during the term of this lease, all the necessary
plumbing, electrical, water, sewer outlets, fixtures and con-
nections,and LESSEE shall have the right to connect its
equipment to same, and to use said utilities without charge
to the LESSEE during the entire term of this lease. If
demand warrants and space is available, additional washers/
dryers may be added under the same terms and conditions at
the request of the LESSOR.
6. .Title to all equipment, furnishings, venting, and fixtures
installed by LESSEE shall remain with the, LESSEE; LESSEE
shall be entitled to remove same at the termination of this
lease.
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7. LESSEE assumes complete responsibility for its equipment and
shall carry public liability insurance in the amount of one
(1) million dollars for comprehensive liability coverage.
8. LESSEE shall keep the first $600.00 collected each year from
the laundry machines. LESSEE shall pay LESSOR a commission
of, thirty (30%) percent of any collections made above the
first $600.00 per year. Commissions shall be adjusted and
paid on a monthly or quartly basis.
9. In addition to all other agreements, the LESSEE shall have
the right of first refusal to match any bona fide written
offer to lease the laundry room space and provide coin
metered laundry equipment, after the expiration of this
agreement and any renewals. The LESSEE shall have ten days
to exercise the right of first refusal after receipt of
written notice of such a third party offer.
10. LESSEE agrees to be responsible for all repairs and main-
tenance to its equipment, and provide same day repair
service to its equipment with exception of weekends and
holidays. LESSOR shall keep the demised premises clean at
its own cost and expense. Failure to satisfactorily repair
and maint~in equipment per the terms of the agreement shall be
cause for immediate cancellation of the agreement.
11. This lease and all of the covenants and agreements contained
herein shall be binding upon and inure to the benefit of the
LESSOR and LESSEE and the respective personal representa-
tives, successors and assigns. The lease may not be
assigned without written consent of the parties. Such
consent shall not be unreasonably withheld.
12. It is understood that this lease contains the entire
agreement between the parties hereto, and neither party has
relied upon any oral representations of the other.
13. This lease shall not be amended except in writing signed by
both parties.
Delray Beach Parks and Recreation, as LESSOR
by:
King Coin, Inc., as LESSEE
by:
Jeffrey Goldstein, vice-pres.
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[ITY DF DELHAY BEA[H
100 N,W, 1st AVENUE DELAAY BEACH, FLORIDA 33444 ~/243'7000
407
MEMORANDUM
TO: Walter O. Barry. City Manager
FROM: Robert A. Barcinski. Asst. City Manager f2¢-
DATE: January 6. 1989
SUBJECT: Documentation City Commission Meeting 1/10/89
Vehicle Bid Award
Commission Action
City Commission is requested to award bids for City vehicles as follows:
Quantity Vehicle Type Vendor Total Account Number
4 Sub-compact Sedans Koons Ford $31.384.00 001-2741-524-60.84
Ford Escort 001-2221-524-60.24
3 Midsize Sedans Dodge Country $24.579.00 001-2911-519-60.84
Dodge Aries (State Contract) 001-5111-536-60.84
1 Large Midsize Sedan Bill Wallace Ford $10.453.96 001-2610-512-60.84
Ford Taurus
1 Full Size Sedan Dan Burns $15.609.80 001-1211-512-60.84
Oldsmobile Royale Oldsmobile 001-3101-512-60.84
1 Cargo Van. Economy Koons Ford $11.463.33 001-2317-522-60.84
Ford Aerostar
1 Cargo Van 4X2 Jerry Hamm Chevrolet $ 9.750.28 001-3131-519-60.84
Chevrolet CG11005 (State Contract)
1 8 Passenger Van 4X2 Dennis Fronrath $13.890.83 001-2315-526-60.84
Chevrolet CG21306 Chevrolet
THE EFFORT ALWAYS MATTERS
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Walter O. Barry
January 6, 1989
Page 2
Background
Bids for automobiles, vans and trucks were mailed to twenty-eight (28) area dealers and
legal advertisements were placed in the Palm Beach Post. Six dealers submitted bids on
1/3/89. Bids were reviewed for compliance with the specifications and were compared to
state contract prices. Bid awards are recommended in all cases to the low bidder wo
met specifications. The midsize sedans and the Cargo Van 4X2 are being recommended for
award under state contract. All others are recommended per the bids received. The
sedans are approximately $700 each less under state contract, the van approximately
$1000 less under state contract.
Truck bids are still being reviewed and will be recommended for award on 1/24/89.
Funds for all, vehicles recommended have been budgeted for in the FY 88-89 budget.
Attached are staff recommendations and bid summary sheets.
Recommendation
Staff recommends award of administrative vehicles (non police) to the low bidders as
listed in Commission Action.
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M E M 0 RAN DUM
TO: Robert A. Barcinski, Assistant Ci~y Manager/
Management Services
FROM: Ted Glas, Purchasing Director
DATE: January 5, 1989
SUBJECT; Bids on Automobiles & Vans, Bid #89-12 & #89-30 &
Florida State Contract
Invitations to Bid were mailed to twenty-eight (28) area vehicle
dealers. Legal Advertisements were placed in the Palm Beach Post and
Delray Beach News.
Six (6) dealers submitted bids, per attached Tabulation of Bids.
The prices received were compared to Florida State Contract.
Recommendations are, as follows:
Q.1y Vehicle Dealer Unit Cost Total Cost
4 Sub-Compact, Sedan Koons Ford $ 7,846. $ 31,384.
(Ford Escort)
Account # 001-2741-524-60.84 ( $23,538.)
001-2721-524-60.84 ( $ 7,846.)
3 Mid-Size, ,Sedan Dodge County $ 8,193. $ 24,579.
(Dodge Aries) (State Contract)
Account # 001-2911-519-60.84 ( $16,386.)
441-5111-536-60.84 ( $ 8,193~)
1 Large/Mid Size Bill Wallace $ 10,453.96 $ 10,453.96
Sedan Ford
(Ford Taurus)
Account # 001-2610-512-60.84 ) $10,453.96)
1 Full Size Sedan Dan Burns $ 15,609.80 $ 15.609.80
(Oldsmobile Royale) Oldsmobile
Account # 001-1211-512-60.84 ( $10,409.80)
001-3101-512-60.84 ( $ 5,200.)
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1 Cargo Van Economy Koons Ford $ 11.463~33 $ 11.463.33
(Ford Aerostar)
Account # 001-2317-522-60.84 l $11,463.33)
1 Cargo Van, 4><2 Jerry Hamm $ 9,750.28 $ 9,750.28
(Chevrolet CG11005) Chevrolet
(State Contract)
Account # 001-3131-519-60.84 ( $ 9,750.28)
1 8-Passenger Van Dennis Fronrath $ 13,890.83 $ 13,890.83
(Chevrolet CG21306) Chevrolet
Account # 001-2315-526-60.84 ( $ 13,890.83)
1?,d ~
Ted Glas
Purchasing Director
Attachments:
Tabulation of Bids
Memo from Director of Fleet & Facility
pc Yvonne Kincaide
Robert Savage
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MEMORANDmt
TO: Ted Glas
Director of Purchasing
FROM: f\ES Robert E. Savage
(ftID) Director of Fleet and Facility Management
DATE: January 6, 1988
SUBJECT: RECOMMENDATIONS FOR THE PURCHASE OF AUTOMOBILES AND VANS
BID /189-30
After somewhat hasty evaluation, I recommend the following vehicles for
purchase:
Group I - Category I(A). I recommend the purchase of the Ford Escort
from Koons Ford for the bid price of $7,846. This price matches State
Contract price to the penny.
Group I - Category I(B). I recommend the purchase of five Dodge Aries
from State Contract. The price of $8,193 each is substantially lower
than any other vehicles in this category.
Group I - Category I(C). I recommend the purchase of the Ford Taurus
from Wallace Ford for the price of $10,453.96.
Group II - Category II (A). I recommend the purchase of a Ford Aerostar
from Koons Ford for the price of $11,463.33. This price is approximately
$100 below State Contract.
Group II - Category IICB). I recommend the purchase of the Chevrolet
Van from State Contract for the price of $9,750.28.
Group II - Category II (C). I recommend the purchase of the Chevrolet
Van from Dennis Fronrath Chevrolet for the price of $13,890.83. Thi.s
price represents a savings of $260 below State Contract.
RES:mld
c: Robert A. Barcinski
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