The URL can be used to link to this page

01-24-89 Regular ~ CITY OF DELRAY BEACH, FLORIDA . REGULAR MEETING - CITY COMMISSION January 24, 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 pers-ons 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. 4. Presentation of Plaque to Representative Steve Press for Out- standing and Dedicated Service to the City of Delray Beach. PUBLIC HEARINGS 5. ORDINANCE NO. 1-89: An Ordinance rezoning City Hall property from R1-A to CF. 6. 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 POC. 7. ORDINANCE NO. 3-89: An Ordinance amending Chapter 35 nEmployee Policies and Benefitsn to make certain technical modifications relating to public employee policies and organizations. PROCEDURAL ITEMS 8. Comments and Inquiries on Non-Agenda Items from the Public. 9. Agenda approval. Action: Motion to approve. FIRST READINGS 10. ORDINANCE NO. 4-89: An Ordinance amending Chapter 70 nTraffic Regulationsn of the Code of Ordinances prohibiting trucks or trailers on Atlantic Avenue between Swinton Avenue on the west and southbound U. S. Highway No. I (N.E./S.E.5th Avenue) on the east. If passed Public Hearing February 14th. REGULAR AGENDA 11. RESERVATION OF FUNDING FOR- AUBURN TRACE HOUSING: Approval of funding totalling $968,000 from unencumbered fund balance to serve as local match ($768,000 ) for UDAG award and to pay for certain offsite capital improvements ($ 200,000) associated with The Auburn Trace Housing Development. 12. 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. 13. FINAL PLAT - BARWICK RANCH SUBDIVISION: Approval of final plat ~ . for Barwick Ranch Subdivision, located on the west side of Barwick Road, across from the entry to Banyan Creek Elementary School. 14. WITHDRAWN. 15. RETENTION OF OUTSIDE COUNSEL: Retention of Swann & Haddock as outside consulting law firm to assist in monitoring and preparing defense for City in claims from Procacci Development and from Mary Brown. 16. APPROVAL OF LAND USE AMENDMENT SCHEDULE: Approve schedule for major and local amendments to the Comprehensive Land Use Plan 89-1. 17. COMPREHENSIVE PLAN REVIEW SCHEDULE: Schedule joint work sessions with the Planning & Zoning Board to review information and documents leading up to Comprehensive Plan. 18. VALENTINE'S DAY DINNER DANCE: Request from the Atlantic Avenue Association to conduct a Valentine's Day Dance on February 11th to celebrate the beautification of Atlantic Avenue and approve overtime services provided by the City staff in the amount of $820. 19. APPROVAL OF FORMAT AND CRITERIA FOR EVALUATION OF CITY MANAGER: Approval of format and specific criteria to be used in evaluation of City Manager performance. CONSENT AGENDA 20. RESOLUTION NO. 2-89: A Resolution assessing costs for abating nuisances by removing junked and/or abandoned vehicles from four parcels at various locations throughout the City. 21. RESOLUTION NO. 3-89: A Resolution assessing costs for abatement action required on 34 parcels of property at various locations throughout the City. 22. RESOLUTION NO. 4-89: A Resolution declaring acquisition of Lot 21, Block 49 for use as a well and water pumping station¡ authorizing employment of appraisers¡ and authorizing filing of eminent domain proceedings. 23. SITE AND DEVELOPMENT PLAN - CITY HALL EXPANSION: Approval of site and development plan, for City Hall expansion project. 24. ACCEPTANCE OF UTILITY EASEMENT - PORTION OF TRACT Z, ESTATES III, HAMLET: Acceptance of a 12 foot easement from Hamlet Residents Association, Inc. for relocating a part of a sanitary sewer main which is maintained by the City. 25. ACCEPTANCE OF GLORIA BATZ OFFER TO SETTLE A CLAIM: Voluntary settlement offer in the amount of $5,000. 26. DELRAY TOWN CENTER VS CITY OF DELRAY BEACH: Acceptance of settlement stipulation. 27. REVISED RULES FOR BOARD OF CONSTRUCTION APPEALS: Approval of revised rules and regulations for the Board of Construction Appeals. 28. POLLWORKERS: Appointment of clerks and inspectors from the attached list from which sufficient numbers will be selected by the City Clerk to conduct the upcoming election. 29. APPROPRIATION OF FUNDING AND APPROVAL OF PURCHASE OF EMERGENCY EQUIPMENT FOR UNMARKED POLICE UNITS: Approval to purchase additional emergency equipment for unmarked Police units in the amount of $6,500 and appropriation of funds to come from the Law Enforcement Trust Fund, Account Nos. 112-2171-521-60.89 and 112-2171-521-35.15. 1-24-89 -2- · 30. TEMPORARY TENT - CASON COTTAGE: Request from Historical Society for a temporary tent to be erected for one day, January 28th, for the Cason Cottage Museum's grand opening. 31. TEMPORARY TENT - RED CARPET WORLD TRAVEL: Request for a temporary tent to be erected for one day, March 15th, at 900 East Atlantic Avenue in celebration of Red Carpet World Travel's 20th Anniversary. 32. AWARD OF BIDS AND CONTRACTS: A. Long Distance Carrier for City Pay Phones - U. S. Sprint - City receives approximately $2,000 per year¡ 8% of operator-assisted long distance telephone charges. B. Vehicle Body Work Repairs - Dan Burns Oldsmobile, Inc. - $21.90 an hour and 18% off for parts with funding to come from user departments line item for Repair and Upkeep - Automotive. C. Four IBM PS/2 Computer Equipment and Software for Fire Department - Not to exceed $20,000 to be appropriated from the Utility Tax Fund to Account 333-2311-522-60.57. D. Amendment to Keller Consulting Contract re Traffic Element - Walter H. Keller, Jr. - $7,700 with funding to come from Account 001-2511-515-33.15. 33. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager 1-24-89 -3- CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION January 24, 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. ADDENDUM 19a. TRASH RECEPTACLES: The Atlantic Avenue Association has requested that trash receptacles be installed east of the Intracoastal along Atlantic Avenue. .. ."i , .d' . ,III",i" ./' ';;¡c "!;!'i,~ Ja:1uary 19, 1989 ....,," ,i' \. .,~,~ .",,/1'/" ,il \ ,." Mayor Doak C~.\~'þbell .",;",' '\~. '11, Ci ty of Del ;,áy Beacll/' ''\.', .. .,. ~. ~., 100 UW ls.~,,"!"Ävenue .","" 'i\"," ". Delray B~~çh, Fl ß3444 " ""'1,,,,1" .i"/' \~, ""\,..,,,- ...... ';-\... II!I,I~' I .~:~~ Dea,,' Doak , ./ ,:\" 1"!"I,!!,,o!~'~r our Co!.~i:rsation on Tuesday, .1anuary 17 ~ concern1n~"!!"'~!~e ,¡JI,."I fact tha t th,ére are no trash receptacles east of\the intracoasta~. "", along Atlap.,tic A'¡enue, we request the City PurCh~install and " .;1",'111' maintain Vi trash receptacles. This is a formal equest to add " ~, this ite~ to the City Commission agenda for the .1anuary 24th ~~ meeting./ ./;;~' .. .\~~' :! ~ . ,. The p''o~mto~m Coordinator, Kathy Shabotynskyj rese'rched the style!/' and costs and reviewed the materials with Tina ~ of the C1tY,\\/~anager's office. A variety of styles are availab'e in the pri~e range of $140.00 - $300.00. \ ¡ \- I' \. ~ ~ Si!ncerel y, \. ,\ ::. j ~ /~ \ ,i"'" I -' ~ .""" Bi 11 Hurd ," I Chairman . ~ \ I \ ....../ / " " cc: ~alter O. Barry " Elizabeth Arnau . I . . , ' .-' .- I , 64 S.E. 5th A VENUE . DELRAY BEACH, FL 33483 . (401) 278-0424 ------. - -- -- tq ~ .. . - CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION January 24, 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. ADDENDUM 19b. CHARTER AMENDMENT: Consideration of Charter Amendment regarding method of selection of City Commissioners. . .- . 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 a hove 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. S-- .. . 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 · 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 2O, 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. b · 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 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. 2-89 .. . ()'P-DINANCE NO. 3-99 ~~ ORDINANCE OF THE CrT! COMMISSION OF THE CIT! OF DELRAY BEACH, FLORIDA, .AMENDING TITLE III, "ADMINIS- TP.ATION" , OF THE CODE OF ORDINANCES OF THE CITl OF DELRAY BEACH, FLCRIDA, BY Þ.MENDING CHAPTER 35, "EMPLOYEE POL! CI ES AtID BENEFITS", SECTION 35. 034 ( B) , "PUBLI C EMPLOYEES' RIGHTS; ORGANIZATION AND REPRE- SENTÞ.TION" , TO PROVIDE FOR THE EXCLUSION OF ANY l"ROVISIONS OF THE FLORIDA STATUTES OR APPROPRIATE ORDINANCES RELATING TO RETIREMENT; BY AMENDING SECTION 35.034, "PUBLIC EMPLO~--ES' RIGHTS; ORGANIZ1>.- TION AND REPRESENTATION", BY ENACTING A NEW SUBSEC- TION (E) TO ESTABLISH REPRESENTATION FOR AN EMPLOYER OR A ME.TœER OF 'A BARGAINING UNIT; BY AMENDING SECTION 35.03£(A)(4), " EMPLOYEE ORGANIZATION; REGISTRATION AND CERTIFICATION", TO PROVIDE THAT NOTIFICATION SF..ALL BE FURNISHED TO THE DIVISION OF LABOR, E.~LOYMENT MID TRAINING OF THE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITi; BY k""1ENDING SECT! ON 35.037{E), "COLLECTIVE BARGAINING; APPROVAL OR REJECTION" , TO PROVIDE FOR THE EXCLUSION OF ÄNY PROVISIONS OF THE FLORIDA STATUTES OF APPROPRIATE ORDINANCES RELATING TO RETIREMENT ; BY AMENDING SECTION 35.039(B)(1), "RESOLUTION OF IMPASSES", TO ENACT A NEW SUBSECTION (a) TO PROVIDE THAT THE PARTIES MAY PROCEED DIRECTLY TO RESOLUTION OF THE IMPASSE BY THE LEGISLATIVE BODY WHEN THE PARTIES AGREE TO WAIVE THE APPOINTMENT OF A SPECIAL MASTER; BY AMENDING SECTION 35.051, "COLLECTIVE BARGAINING NEGOTIATION ACCORDING TO STATE LAW', TO ENACT A NEW SUBSECTION (D) TO PROVIDE THAT ANY HEARING OR ORAL ARGUMENT HEARD BY THE COMMISSION PURSUANT TO THE CODE OF ORDINANCES SHALL BE OPEN TO THE PtTBLI C; BY ENACTING A NEW SECTION 35.0545, "NOT GROUNDS FOR RECALL" , TO PROVIDE THAT ANY VIOLATION OF THIS CHAPTER SHALL NOT SUBJECT ANY PERSON TO MUNICIPAL RECALL NOR BE CONSIDERED GROUNDS FOR MUNICIPAL RECALL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Employee Relations Commission has ~rdered the City of Delray Beach, Florida, by Order dated December 8, 1988 to make certain technical modifications to its Code of Ordi- nances relating to public employee policies and organizations. Nl)'tJ I THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Þ.dministration" , Chapter 35, "Employee Policies and Benefits", Section 3S.034(B), "Public Em- ployees' Rights; Organization and Representation", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby, amended to read as fóllows: (B) Public employees shall have the right to be represented by any employee organization of their own choosing, to negotiate collectively through a certified bargaining agent with the public employer in the determination of the terms and conditions of their employment. exei~èift~-afty-~revisieft-ef-~fte P~~ri~a --S~a~\t~e!! --e!!' --a]!lprel'ria~e --eràiftaftee!! --!"~ia~ift~ --~e 1 . . : re~irelften~,;, Public employees shall have the right to be repre- sent:ed in the determination of grievances on all terms and conditions of their employment. Public employees shall have the right to refrain from exercising the right to be represented. Section 2. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", Section 35.034, "Public Employees' Rights; Organization and Representation", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended, by enacting a new subsection (E) to read as follows: (E) Any full-time employee or officer of any public employer or employee organization may represent his employer or ~ny member of a bargaining unit in any proceeding authorized in this part, excluding the representation of any person or public e."tIployer in a court of law by a person who is not a licensed attorney. Section 3. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", Section 35.036(A)(4), "Employee Organization; Registration and Certification", of the Code of Ordi- nances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ( .4) Notification of registrations and renewals of registration shall be furnished at regular intervals by the ... . . to the BiY!:s:i:e~ -0£ -DaÌ!ler -0£ -t1\e -Ðeflar~en~ -0£ (Jorrlltuss~on D~èor-að~-Em~¡eymeft~-See~!~y,;, Division of Labor, Employ- ment and Training of the Department of Labor and Emplovrnent Se(":ür i ty . Section 4. That Title III, "Administration", Chapter 35, "Employee policies and Benef i ts 'I , Section 35.037(E), "Collective Bargaining; Approval o~ Rejection", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to reüd as follows: (E) Any collective bargaining aqreement shall not provide for ~ term of ~xistence of more than three years, and shall contain all of the terms aod conditions of employment of the employees in th~ bargaining unit during such terms, except those ~enrt!J -!!.l'là -eeftài~ieft.!! -~reviè.eà -fer -ift -any -Pler~àa -S~a~1:I~e -er aþþre~riate-eràinaftee-rela~in,-~e-re~iremeft~-aftd in applicable merit and civil service rules and regulations. Section s. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", Section 35.039(B)(1), "Resolution of Impasses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby enacted by adding a new sub-sub- section {a) to read as follows: ( a) When both parties agree in writing to waive the appointment of a special master when an impasse in collective I bargaining negotiations occur, the parties may proceed directly to resolution of the impasse by the legislative body. .- Section 6. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", Section 35.051, "Collective 2 ORD NO. 3-89 · , ; 3argaining Negotiations According to State Law", of the Code of Ordi- nances of the City of Delray Beach, Florida, be, and the same is hereby, amended by enacting a new subsection (D) to read as follows: CD) The deliberations of the commission in any proceeding before it are exempt from the provisions of Chapter 286, Florida Statutes. However, any hearing held or oral argument heard by the commission pursuant to the Code of Ordinances shall be open to the public. All draft orders developed in preparation for, or preliminary to, the issuance of a final written order are exempt from the provisions of Chapter 119, Florida Statutes. Section 7. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby, amended by enacting a new Section 35.0545, "Not Grounds For Recall", to read as follows: Section 35.0545. Any violation of this Chapter ("Employee Policies and Benefits") shall not subject any person to municipal recall and shall not be considered as grounds for municipal recall Section 8. That Title III, "Administration", Chapter 35, "Employee policies and Benefits", Section 35.034, "Public Employees' Rights; Organization and Representation", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended, by enacting a new subsection (E) to read as follows: {E) .~y full-time employee or officer of any public employer or employee organization may represent his employer or any member of a bargaining unit in any proceeding authorized in this part, excluding the representation of any person or public employer in a court of law by a person who is not a licensed attorney. Section 9. That Title III, "Aàministration", Chapter 35, "Employee Policies and Benefits", Section 35.036(A)C4), "Employee Organization; Registration and Certification", of the Code of Ordi- nances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {4 } Notification of registrations and renewals of registration shall be furnished at regular intervals by the conunission to the Bivisieft -e£ -:&aber -e£ -~fte -Bel'ar~l'fteftt -e£ ~a&er-aaè-BMl'ieYl'fteft~-See~i~YT Division of Labor, Employ- ment and Training of the Department of Labor and Employment Security. Section 10. 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 effect the validity of the remainder hereof as al whole or part thereof other than the part declared to be invalid. ! Section 11. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. 3 ORD NO. 3-89 . . S~ctic!l 12. That this ordinance shall become effective immediately upon its passage on second and final reading, but the effectiveness shall be expressly subject to the formal approval of the PERC, and that upon such approval, Section 35 of the Code of Ordinances shall be amended to accurately reflect this ordinance enactment. PASSED AND ADOPTED in regular session on second and final reading on this day of , 19 - . UAYOR ATTEST: City Clerk First Reading Second Reading . . 4 O'RD NO. )-89 0RDIlU.NCE NO. 4-89 AN ORDINANCE OF THE CITY CO~1ISSION 'JF THE CITY OF D'8LRAY BF..ACH, FLORIDA, AME}IDING TITLE VII, tlTRÃFFIC CODE" ; B·i~'jENDING CHÞ.PTER 70, TRAFFIC rŒGULJ~TIONS, GENER~ PROVISIONS, OF THE CODE OF ORDINANCES OF THE CITY 1"'\1:' ~ELRAY BEACH; BY ENACTING A NEW SECTION ...... 70.02, "TRUCK AND TRAILER PROHIBITION ON CERT]..IN PORTIONS OF J~TLANTIC AVENUE"; PROVIDING A GENERAL RErEALER CLAUSE; rROV!DING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NC'W, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CIT"f OF DELRAY BEACH, FLORIDA, AS For~LOWS: Section 1. That Title VII, "Traffic Code", Chapter 70, "Traffic Regulations", tI General Provisions", of the Code of Ordinances of the City of Delray Beach, Florida, be and ~~e same is hereby, amended by enacting a new Section 70.02, "Truck and Trailer Prohibition 0:-1 I Certa.in Portions of Atlantic Avenue", to read as follows: I 110 trucks or trailers~hall be permitted ¡¡t any tiIne on ^tlantic Avenue betwee Swinton Aven~e on the west and southbound u.s. Highway NO.1. (N.E.ís.E. 5th Avenue) on the east. . ' oTiu-.-- tk ~ð-L')Þ7U^", I Section 2. That all ordinances or parts of ordinances \,¡hich I are in conflict herewith are hereby repealed. Section 3 . That should any section or provision of this crdinancE: 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 validi t}- of the re."Dainder hereof as él whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten I (10) days after its passage on second and final reading. I , rASSED AND ADOPTED in regular session on second and final reading on this the day of , 1989. i I MA¥OR Ä'I'TEST: ¡ Çity Clerk ! First. Rea1ing Second Reading I , 10 I I [IT' DF DELHA' BEA£H CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483 . 407/243-7090 TELECOPIER 407/278-4755 MEMORANDUM Date: January 18, 1989 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: TRUCKS/ORDINANCE NO. 4-8-9 This ordinance was drafted by our office after meetings with the Chief of Police, the City Engineer, and Staff. Attached is back-up material outlining those meetings as well as various communications on the subject. ~ Attachment i · , · t , 1 ~ · , . f . . DEPARt'MENTAL [ITY OF CORRESPONDENCE DELRAY BEA[H Halter O. Ba[ry~ City Manager TO ~Gi FROM Charles I';ilgore, C¡Üef of Police TRUCKS ON EAST ATLANTIC AVENUE 05/03/88 SUBJECT DATE Several years a~() \J!:.::¡¡ ~¡;:·:t :~tlantic Avenue \·¡as up~r¡JJed, i t \./ é1 S requeste.:i oy DO\mtcl\·¡n j;¡erchants that the Pol iCi~ ~ei'artlLlent prohil;.i t truc¡~s from uf3ing E¿I.~'!-. ht}.'Jntic I\Venl\E' unl~zs making cJ~liverÜ·!.; or co ¡1 cJ u (; t ir~ 9 iJ u 5 i n e 5 ~, . h- e ~:.;' :.~ r t' :.; lJ C C e S 5 f u 1 f 0' ape r i 0 Ò 0 f t j ! l· j II acco¡apli¡;;hing this, ilO\¡eVer, tiH~ State 1'Jot:if.i.e¿us that \¡e could not enforce the "no t rue ¡~ ;3 " policy inasl;luci'l as it l,¡ldS c1 ~tate controJ ].;;,! $treet not a city controlled street. ;;3inc¿ t:éJ ;-~ .~ ~tl¿ntic Avenue will oe turned over to the City by the St,\t(~ ~.;u:.;\~tÜ~le this month, I would request that th~ City Attorney's Office draft the necessary ordinance designating S. E. a n J ~'J . ~ !:.I. First Streets ;[ ro.n Swintun Avenue to Sixth l\venue a~; "ï. ¡' l.icj< routes". It is alsl> .r:(~quested that the Traffic Department insta 11 the pro¡?e r siyns f'rohibi t iIl<j t r Ij.ck s on East At 1 ant ic Avc~:llIe. Respectfully submitted, -- - . .IA~Lf;S 1< ILGORE or Police þ ppt . -- _. · · · . (4k- ~ L(7? 1 r U . fL f (ú /. ' ji : ~~ .' , .' . ,: .( , /.. ~'''.~'' ...'- ("';: M E M 0 RAN DUM _, '-, ~ ~~.l~f~~ ,",' .... .... " . ..' _',''-' Beô{: C:\~.~; '.:< ;.,,~.. ··1 TO: FRANK SPENCE 1)0 DIRECTOR DEVELOPMENT SERVICES FROM: ytfÝ GERALD B. CHURCH, P.E. CITY ENGINEER DATE: DECEMBER 5, 1988 SUBJECT: EAST ATLANTIC AVENUE BETWEEN SWINTON AVENUE AND 5TH AVENUE A meeting was held between representatives of the Police and Engineering Departments to discuss various traffic concerns in the subject section of roadway. Present at the meeting were Chief Kilgore, Major Lincoln, John Walker, Gates Castle and myself. The following is a recap of the items discussed and decisions made regarding each item: 1. Striping of individual spaces - leave as is (ie, no individual spaces). 2. Speed limit - 25 MPH speed limit is appropriate and pro- posed signs reflect this limit. 3. Loading zones - No loading zones to be provided on Atlantic, but loading zones will be provided on 1st, 2nd and 4th Avenue immediately north and south of Atlantic. The area ·will be studied further to determine exactly where the loading zones are required. . '~pecific loading' zones were discussed as follows: Sun Bank - Armoured car can use $. E. 3rd Avenue as it does now. Arcade Tap Room - Traffic cones can be used for valet parking. D & B Fishworks - Same as Arcade Newspaper stand - Hatched area on north side of Atlantic immediately west of 5th Avenue can be utilized as a load- area. Delray TV - Loading zone on N.E. 2nd Avenue has been recently expanded to satisfy needs and eliminate need for loading zone on Atlantic. Executive Mall - Loading zones to be located on S.E. 1st and S.E. 2pd Avenues . - ..-- i . , I , ! .. ~.:...-..:-:.::..~~".~ "~'~'H'''. ~.. ........... -. e· ; ::..:.~::~ ':.._:.~. ,,,., ...... . .' . .. . 1 : , · · I · : . i · . · ¡ · } . . East Atlantic Avenue Between Swinton Avenue and 5th Avenue December 5, 1988 Page Two . Green Owl - Loading zone presently located on S.E. 4th Avenue. 4. Trucks - No Trucks or Trailers will be permitted on this section of roadway at any time. The necessary signs will be posted on West Atlantic at Swinton, East Atlantic at US# 1 , northbound and southbound US# 1 , northbound and southbound Swinton Avenue and on the bypass (NE & SE 1st Streets). The City will post the signs, subject to appropriate agency (State or County) approval. 5. Left Turns - Left turns will be prohibited at all inter- sections except S.E. 3rd Avenue, . where a left turn lane has been provided. Necessary signs will be posted on the new signals. 6. U-Turns - If vehicles make a U-Turn in an unsafe manner or interfere with traffic flow, the driver can be cited under Section 316.1515 (copy attached) of the State Uniform Traffic Control Statute. If the vehicle can make the U-Turn safely, without interfering with traffic, then there is no reason to prohibit the movement. Therefore, no signage is recommended to prohibit U-Turns at this time. The decisions regarding these items ar~ presented for review and approval prior to instituting any changes. ~ GBC:slg cc: City Attorney Attachment 1 i i ¡ l J f. t J MEMORANDUM TO: Walter o. Barry City Manager FROM: @ David M. Huddleston Director of Finance SUBJECT: Auburn Trace Funding Source DATE: January 18, 1989 Jeff Kurtz contacted me today and requested that I provide a funding source for the City's share in the Auburn Trace low-to-moderate income housing project. The City's matching share is $768,000. Additionally the City, by accepting the Urban Development Action Grant (UDAG), has obligated itself for up to $200,000 in off-site improvements. Mr. Kurtz informed me that the UDAG representative has requested that the City provide a guaranteed pledge for the City's $968,000 participation in the housing project. The City Commission has previously discussed that the UDAG allocation could come from the General Fund unrestricted fund balance. It would be my recommendation that the City Commission formally allocate the $968,000 from the General Fund unrestricted fund balance. This reservation of fund balance would leave an unrestricted fund balance of $2,045,000 or 6.9% of the operating budget. DMH/sam cc: John Elliott, Assistant City Manager/Management Services Yvonne Kincaide, Budget Director Jeff Kurtz, Assistant City Attorney Lula Butler, Community Improvement Director . ../ i í . ~ ( i , I . , I ; I , , ( t MEMORANDUM TO: Walter O. Barry, City Manager ~~ 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.~ 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 Commercial) 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 RjumpR 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. !'he Board considered, as an alternative action, recommending that the Code be changed to either reduce the minimum lot requirement or allow aggregation across a street, however, that alternative was rejected. 'the Board then recommended that the request be DENIED based upon findings that the proposed project: 1. Pails to meet the minimum depth and area requirements pursuant to Code, 2. Pails to be consistent with Visions 2000 policy statement addressing auto uses between S.E. 3rd Street and B.E. 4th Street along Pederal Highway, 3. Pails to be consistent with the Land Use Policy Guide with respect to transitional zoning around the CBD, and 4. I'ails to be consistent with i:he Community Redevelopment Plan liich shows General CCIIIImercial (GC) uses Dorth of S.E. 3rd reet. 12, COMMUNITY REDEVELOPMENT AGENCY COMMENT: The CRA recommended 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 ~LHNNING B. ZONING BOARD CITY OF DELRr-iY BEACH --- STAFF REPORT --- MEETING ~TE: Deceaber 19, 1988 AGEf'.œ ITEM: - III. B. CONDITIONAL USE & ITEMS SITE PLAN APPROVAl- FRONRATH CHEVROLET EXPANSION NORTH OF 3rd STREET . . . ---= Legend: 11I- Propo..d Oev8lop..nt , , ~ - Curr8nt Fronr.th I . @ , 'H ~. . 1t . . , .. GENERAL DATA: Owner...........................Denni. Fronratb Chevrol.t Atent...........................Mark Marsh Di;by, arid;.s, Marsh' bsociate. toc.tion........................Northwe.t corner of northbound Federal Ki;hway (S.E. 6th Ave.) and S.E. 3rd St. Property 51&....................0.73 Acr.. 131.6'1 Sq. ft.' C8lock 111. Lot. 21-31' C~lty aed.v.lopnent Pl.n....Gener.l connerci.l clty Zon1ft9.....................sc CSpeclall&ed co..ercl.l, Adj.c.nt Ion1n;.................North. .outh, .a.t and we.t of the aUbject pro~rtY 1. aoned se. Exl.t1D9 Laad U.................Th. aouth portion CLota 30 , 31' of the property 1a occupled by . vacant builcUn;, which wa. u.ed .a an .utomobll. tire ahop 1n the past. North of the vacant buildln; (Lot. 21 , 2" i. an exl.tin; auto preþ&ratlon area for the rronrath Chevrolet deal.rabip. . Propoaed Land U.................Demolitlon of ex1.ttDg buildiD9. .nd cof\Structioa of . DeW u1e. and preparation ~l41n9. Water ..rvic....................Exi.tin; on-.lte connectlon. from a 2- water ..in located in the ITEM: III.B. aU.y alOft; the we.t bound.ry of the .It.. ~r ..rvlce...................Exl.tln; on-.it. connectlon. fr~ an .- sewer ..in located 1n the aU.Y alon; the we.t bound.ry of the ait.. . . . . . . . , ... - . f ! . ~ . , EITY DF DELIAY BEA[H . . CITY ATTORNEY'S OFFICE 310 S.E. I SI STREET, SUITE 4 DEL RAY DLA('II. '·TORIDA 33483 407/243-7090 TELECOPIER 407/27R4755 HEM':)'tU·.NDUM Date: Dc c eJnÌ)e l' 22 t 1988 To: David Kovacs, Director of Planning and Zoning From: Herbert W.A. Thiele, City Attorney Subject: Confirmation of Discussions Concerning Proposal for "Jum'oinq" Streets for Development This memorandum will confirm our telephone conversations in the last few weeks, as well as responding to your memorandum of November 14, 1988 with regard to the proposal for "jumping" streets for development. In that regard, this will confirm 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 other public rights-of-way except 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, this 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 sùythat 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. ¿rCi c Frank Spence, Director of Development Services Planning and Zoning Board Members . . . .'. . ... .--- .... . . . .. j . i . , : ¡ :.. . .. C I T Y COM MIS S.I 0 N DOCUMENTATION TO: WALTER O. BARRY, CITY MANAGER VIA: FRANK ~E~ DEVELOPMENT SERVICES GROUP FROM: g~A*UD~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: FINAL PLAT, BARWICK RANCH SUBDIVISION ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of the final subdivision plat for the proposed Barwick Ranch subdivision. BACKGROUND: --- The Barwick Ranch S~bdivision is for 28 single-family, R-1AA lots. The development site consists of 9.48 acres and is located on the west side of Barwick Road, across from the entry to Banyan Creek Elementary School. See the attached cover sheet for a location map and basic information. The project had been processed as a "sketch plan" through staff and a "preliminary plat" through the Planning and Zoning Board. While alterations had to be made to the original proposal, an acceptable layout was approved through the preliminary plat. However, a caveat was attached to the approval which identified that extensions to the water and sewer systems may be required. With the submission of the final plat, the requirements for utility extensions and the construction of 1/2 of Palm Ridge Boulevard (with sidewalk) were imposed. Further review by the Engineering Department raised concerns about access onto Barwick. Because it was "late in the game" and the access matter would require substantial redesign and the elimination of a lot, the fOllowing was agreed to (verbally) by the City Engineer and County Engineering representatives: ... 0.:.:.. ::;' .., ..;.. :~i {: °A ''/. .... ~:* .:.: ..... .)! :.:.: ..... .... .. . ... 0' J 13 )t: ,} .f. . .:r : .:~~~ . . r:.;.; . , ~~~~ " city Commission Documentation Meeting of January 24, 1989 Re: Final Plat, Barwick Ranch Subdivision Page 2 . 1. that no improvements would be required to Palm Ridge Boulevard at this time; and, 2. that the traffic impact fees from this project be dedicated to a three-way traffic signal to be installed by the County at the offset intersection of Palm Ridge and the entry to the school and the Sabal Lakes Subdivision. The following has been negotiated by the Engineering and Planning staffs and the developer: 1. that a water main will be installed along the south right-of-way of Palm Ridge (in keeping with City policy) ; 2. that the sewer main will run south along Barwick to the project entrance and provide a stub to the south of the entry; and a stub shall be provided from an existing manhole in a northerly direction; 3. that improvements to Palm Ridge will not be required; 4. tha t the final plat will be taken to the Planning and Zoning Board on January 23rd and to the City Commission on January 24th in order to atone for delays created by the City; and the final plat will be conditioned (departure from policy). Other than the above, the proposed subdivision does not present any unique circumstances or concerns. A standard R-1AA subdivision is a desired land use in the portion of the community. Planning and Zoning Board recommendation: The Board had previously approved the preliminary plat. The Board will consider this final plat and the above arrangements at its meeting of January 23rd. Its recommendation will be reported at the Commission meeting. RECOMMENDED ACTION: By motion, approval of the final plat for Barwick Ranch subdivision subject to conditions (the conditions will be provided following the Planning and Zoning Board action). DJK/cm Attachment: - staff report cover sheet REF/DJKI 36/CCBARWIK. TXT ,. .- ~:~~. .. ~. · .. ,.... '.-':" oj,; '.I. .:* ..' :.:.~ ..... .. 'I .. ?;~ .. ':~ /( .. 'J, . .:~ . ...~~: .. · , r:.;..; · . .;.(. .. :::s ---- -- . .......... PLRNNING B ZuNING BOARD CITY OF DELRAY BEACH . . STAFF REPORT --- --- MEETING CATE : AGENDA ITEM: ITEM: - . 3ENERAL DATA: --- Cwner...........................Seaqull Associate. SoÛih Corp., 1 Inc. Agent...........................Georve Abou-Jaoude Engln..ring Sundud8, Inc. Locatlon........................Southw..t corner of Barwick Road and Pal.n1 Ridge Blw., betwe.n the L-30 Canal and the L-3l Canal. Property 51ze...................9.48 Acr.s (412,948.8 Sq. ft.) I City Land Us. Plan..............Single Family I City Zoning.....................R-1AA (5ingle-F&a11y Dwelling I District) Adjacent Zoninq.................East of the .ubject property is zoned. PRD-L (Low to Medium Denslty Planned. R.sidential Development Di.trict). North, south and west is zoned. County AR (Agricultural R.sidential i District) . , , . Exi.tlng Land U.e...............5ingle family residence and vacant land. Propo.ed Land U.e...............28 single family dwelling units Wat.r ..rvic....................Propo.ed 8" water ..in to be ~ack , Bored under Barwick Road and tapped into the exlsting 12" water main along the east sld. of BarwlCk Road. ITEM: ; sewer Servlce...................Proposed 8" sanltary sewer to I connect into the existing manhole I on the northeast corner of the .ite. at the intersection of . Barwick Road and Palm Ridge Blvd. -'~r .. " O' o. .. O' :~i .¿ 'J. ~~ '..... ,. ..... ..... ..... '" h. .::. ~:* :,; tc '~, 'j .. \~: ' , .., .'.... '. .. I £ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483 407/243..7090 TELECOPIER 407/278-4755 MEMCr\ÄNDUM D~te: January 9, 1989 To: City Commission From: Herbert W.A. Thiele, City Attorney Subject: Retention of OUtside Counsel Regarding Proca~i Claim/Litigation In accordance with your consensus direction given to the City Attorney's Office at your regular City Commission me~ting of December 21, 1988, the City Attorney's Office will now commence t.he lJigorous defense of this claims matter, and similarly coordinate the defense should this matter result in actual litigation. However, since it is entirely possible that members of the City Attorney's Office, along with City staff and our outside consulting firms, will be needed as essential witnesses in the defense of this claim and lawsuit, it is our recommendation that we immediately retain an outside consulting law firm to assist us in monitoring and preparing this defense. This will enable this firm to immediately take over the sole handling of the case at the appropriate time in the future when it will be necessary for the City Attorney's Office to recuse itself from the case because of the witness issue. It is my recommendation that we retain the law firm of Swann &. Haddock, who have offices in Orlando, Stuart, and other cities. This law firm is familiar with real property and contract actions, and have recently added a number of attorneys to the firm, including the former attorney for Brevard County, William Curphey. Funding for this litigation will come from the City Attorney's Office budgeted funds. By copy of this memorandum to the City Manage·r's Office; we are hereby requesting that this matter be placed on the next City Commission regular meeting agenda for your formal acceptance and approval of this recommendation. I f you have any questions or if you would like any additional detailed information on this matter, please contact me person- ally at your convenience. #[Sh cc: \'lalter o. Barry, City Manager t 1 l I ~ i i · I · · · · ¡ ,{ t t . . . ¿~,ana?~ "O.IN A.A.RA..,,,,,.,. f!i4.,~.. ~ ~."""ø.v KeNNETH þ.. HO.......... -'AMEa E. AL,OC.fltMAN MICHAEL. A.O·OUI""N· "AND,A'" .... "'1-1..10000 ~-Þ~J1:.- JO.~Þw III. "AHZ!.. LINDA J. ...."HeY HECTOR A. TICO "'ClltEZ EDMUND y. .AXA,"'''. OAtil... lit. ""caTON ,.,.ICHACI. J. aCAUDINC ~ NANCY.. "0.. ""'A'" NOE\. 4. .oaKO THOt04.... O· IIIOTIo4 ........A..... W. ."ONI. ..O.CIIIT A. .AVILL JCÃNII1,.L.1t a. ."o....aON ONE I)U~NT CENTIIE.IUITE 1100 10.1 CAST OCU-N 10U~EVAII0 DAYID N. .owe..." CHA"'LC. ... P. ."OWN leo NORTH OIlANGE AVEHUE ~IT Of"CE 10K I.. .oac.",. II. .U.......E... AHØ"Cw .... ."UM.'" ~IT OffiCE 10K .40 ITUA"T. nOlllOA .....·0... "ICH"'''Ø lit. aWANN flAU~ ... ."VAN JCII'''''CV P. THOM". CH",,,...ca C. C:A...tlNOTON O"LANDO. fLORIDA 3210.-0..0 ANEIIICAN lANK OffiCE /.071 ...-7777 JA....It. O. WIa..a..A"Ø LOU'. T. .... CO....T. /.07) q...... . 'AX (407) ...·7... IUN ....NK OffiCE (407) ...- .... L.CTITIA C. WOOD WILLIAM E. C,,","'-HCY SENINO~E STIIEET Of"CE KeNMETH C. WJl.IOHT OA....I.ON M. DUNDAS (407) ..7-I.U . 'AX 14(7) '..-'0.. CÞw""g C· HAþOO'CI(" ...... 0" CO\JN.&~ JAM':. .. MIOOINS SOUTHEAST SANK SUI~DINO DAYID C. LATHÂ'" Þ4.C"'ÂIEL A. HO"NlltCICH ..oac.lltT ~. ....~T.......N ...0. t:~H ,J. K,ADQW .OD 10UTH .TH ITIlEET I." ., E, ~RT IT, ~UCIE .OU~EVARO - CMIltI.TO"HCIIt K. KAY n, "IERCE. nOlllDA ....0 ~RT at, ~UCIE. ~~OIlIDA ...., lite_VIE P. .W"'NN N. DE-...N ~OH\.. .J". /4071 ...-.11. . 'AX ..07) ...-7717 1407) ..7-0770 (1...·1..4) ~I£TI:" O. LATH"'" - KEITH A. Lowe ...OHN C). MCKCY, '""lit. . NOT A ..C....C__ DONALD .. Þ4CYC" ~E"L.Y TO O~L.ANCO 0,. THe "frO_,DA .... January 16, 1989 _ ¡:L~:Frl r!~ CII!, A,'t ~1... -n- il ,( c:rltt'y''' .-.:." Ct. f" .'r .....,.;...~.. "y o. t);:it~!. r", ~ .' .' l.:i,,~Ui! via Federal EXDress Mr. Herbert W. A. Thiele OFFICE OF THE CITY ATTORNEY . .. CITY OF DELRAY BEACH, FLORIDA 310 S.E. 1st street, suite 4 Delray Beach, Florida 33483 Re: City of Delray Beach/Litiqation Matters Dear Herb: As per our discussion, attached is a firm profile. As I informed you, I was previously Brevard County Attorney and have over 15 years experience in local government, labor and personal injury law. I believe the firm can serve your needs and look forward to working with you. If I can answer any questions about myself or the firm, please call. ¡¡;)J' William E. Curl'hey WEC:ah Encl. -. r j , , , r , t I . J . , . ¿~~~ .O.IN A..."AHAM fJJ }-<t. .-..,¿..~ '~~øv DONALO .0 NEVe..· JAMES E. AL.OE"MAN kaNNaT" A. NO"MA'" IIANC)AI,. ....A&,.L.OOOO ~ /.ß "" _1/I;..-JP MICHAeL A.O'OUU..N· L'NOA oJ· ."'''HaV ...,..,~".,., ~ JO.&~H II. ,.....%1,. CDMUND T. ."'.....JIII. MCCTO. A.TICO ~C"Ea MICHACL J. aCAUD'NC . ~ NANCV A. IIIIIO.....A... NOEL A. .0."0 .... THOMA. O. .OTH· .A".AlltA W. ."01'1I1. IItOaCIIIT A. ."VI...L "JEAHELLE Q. ..0NaON ONE OU~"T CENTRE. SUITE ItOO loa. CAST OCEAN .OULCVAIIO DAvie N. aowlt".Y CHAIIILca III.,.. ."OWN a80 NOR,.... OAA.NGt ",vCNue POST O'''CE .0. ... lIIoac"T ~. .""11411I4&.. :::~":.W.:~::UM.Y fIIOlT O"ICE .OX .40 STUART, 'LORIDA 14....0... :~;~~:~ ~: ::~:=. C.......E. c::."".....HOTON Olll,ANoo.nO'''OA ;U.OZ·0e40 ANtlllCAN .ANK O~~ICo: 1.07) ...·7777 ..ANC.O.WI......O .Ou'. T, ",CONTI ..07) .a.-:..:.. . ~AX (407) ...·7... SUN .ANK orrIco: (.07) ........ ..CTIT... E.wOOO WILLI"',.,. ~. CUIII~HIEY SEMINOLt St..en O"ICI. KENNETH c.WlltIOHT ::::~·oo~. :~~~~~:~..ItII. (407) ,.7...2' . ~AX 14(7) '.'-1043 or;;::;;~ ""'''NIE C· HAYMAN SOUTHEAST aAHK IUILDINO DAVID e.I.ATW...ItIII -:'~;::E~·:'I::~~"'C.ICH 300 SOUTH 8TH ITREET I..' .. £.~ltT ST. LUCIE .OULEVAltD .O.~LT.M"'N .JO.C:~H ..I. KADOW n. PIEACr.."LOltIOA 3...0 1'0"" .aT. L.UCIE, 'LOIltIDA ~..I P,C"'IIC ~. eWÂNN C....'.TO....E.. ". "..v (.07) .....". ' FAK 1.07) ...-7717 1.(7) 337' 0770 (I... .,...) H.OEAN KOHL, ..I". ~CTE" O' LATH"'" KEITH A. LOWE -MOT A .......c.. JOHN þ. MCt(EY,J". IIItEPLV TO OA&..ANDO O~ ,...e rLO_IOA .,,III FIRM PROFILE SWANN AND HADDOCK, P.A. is a law firm designed to serve business. As such, it is built on a foundation comprising the following major areas of legal practice -- real estate, finance and development; corporate and securities transactions; litigation; state and federal taxation; estate planning¡ employee benefits; sports and entertainment, and administrative, laêor and governmental law. Young and aggressive, the firm mirrors the dynamic growth of Orlando. Founded in 1924 by pervie P. Swann, today SWANN AND HADDOCK is playing a role in the development of the Central Florida business community. In the past ten years the firm has grown from four lawyers to over fifty lawyers. The firm has established offices in Orlando, Stuart, Port st. Lucie and Fort Pierce. Each office is fully equipped and staffed to offer IIlocalll service to our clients with support from legal specialists and experts in Orlando. SWANN AND HADDOCK represents clients ranging from small businesses and municipalities to multi-national corporations. Our clients include financial institutions, insurance companies, health-care 'organizations, local governments, public school boards, state agencies and other or9anizations as diverse as a film production company and a $400 m11lion mixed-use development. During the past ¥ear several members of the firm were instrumental in the format10n of a limited partnership to own and operate a National Basketball Association franchise, several state-chartered stock savings and loan associations, the creation of a state-wide insurance ~rogram for a national health-care company, the first CMO arb1trage transaction undertaken by a financial organization in the state, preparation of a local corporation to IlgO public", tried and won a landmark anti-trust case, and many other complex and sophisticated legal engagements. __ ____._ .u ._. t , , , · , , · · · · . I · · · , t f. .~ . . . Lwv~~ Firm Profile Page 2 Success has come to the firm through hard work, determination and a commitment to providing clients with the best legal counsel available. Over the years, the partners, associates and staff of SWANN AND HADDOCK have established a reputation as experienced, skilled and highly-trained professionals. They pride themselves on their "team approach" to solving client problems, and recognizing that in many matters solutions require the expertise of lawyers and paralegals from diverse areas of practice. The firm's attorneys and staff are also committed to their communities. The intensity and drive of our professionals is documented by their active participation in local and regional charitable and civic organizations, including the health-care community, the arts, education, religion and quasi-governmental organizations. Firm members are also active in the Américan Bar Association, the Florida Bar, the Orange County Bar Association, and other professional organizations. To make certain that SWANN AND HADDOCK remains a leader in its own profession, the firm has recently hired a firm administrator who previously managed a firm of over four hundred lawyers in California. The firm has also recently moved its Orlando offices into 36,000 square feet of space in a Class A office building and installed the latest in computer technology. The firm is committed to support its lawyers in every aspect of service. Our clients are advised with discretion, attention to detail, loyalty and the highest standards of legal competence. SWANN AND HADDOCK is a law firm that understands business, has recognized the seemingly limitless potential offered by the rapid development of Florida, and is committed to success through the continued success of each of its clients. - · J · f 1 1 1 ! i r, ~ î I, ~ ¡ ,~ ¡ · , ., r , MEMORANDUM TO: Walter o. Barry, City Ma~er ~ j «_ _ <...-..IIL ~ -- FROM: Frank Spence, Development Director SUBJECT: PROPOSED SCHEDULE FOR AMENDING COMPREHENSIVE LAND USE PLAN 1989-1 DATE: January 20, 1989 BACKGROUND: The City is allowed to amend it's Comprehensive Land Use Plan twice a year for what are deemed major amendments. This is the process which requires full review through the Department of Community Affairs. The following projects have been identified for inclusion in the 1989 Land Use Map amendment: 1. Wellfield 20 from I (Industrial) to MF (Multi-family) (directive from the Commission) 2. Accommodation of a major amendment of the C.R.A. Plan (if ready) . 3. MOI (Medical, Office, Institutional) or MF for property east of BocaRay Plaza (preliminary discussions with broker) 4. Delray Town Center, Parcel B, POI (Professional, Office, Institutional) to C (Commercial), formal submission made on January 6, 1989 5. Other items which the City Commission may want to accelerate upon review of the Land Use Element. The following projects will be considered local amendments which do not require D.C.A. review and meet the requirement as they are residential projects of five acres or less and involve a density of five units or less per acre¡ and other projects (non-residential of three acres or less): 1. Surles property MF to C to accommodate GC (General Commercial) vice SC (Specialized Commercial) zoning (directive from the Commission) 2. Marina Cay to increase C to two acres (Local) 3. Corner property at Davis Road and Lake Ida Road (preliminary discussions with potential agent) 4. Amendments desired by the C.R.A. to accommodate individual projects of less than three acres 4. Other items which the City Commission may want to accelerate upon review of the Land Use Element. Although local amendments can be processed at any time during the year, it is desired that they be processed as a group because of the 1& administrative costs and time involved in accommodating public hearing and notice requirements. PROPOSED TIME SCHEDULE: Because the City is adopting the revised Comprehensive Plan this year, only one major amendment is allowed. It is proposed that the following scheduled be followed for both major (D.C.A. review) and local amendments: February 3, 1989: Cut-off date for private (other than City initiated items) February 28, 1989: Cut-off date for City initiated items March 20, 1989: Planning and Zoning Board Public Hearing, recommendation to be forwarded to the City Commission March 28, 1989: City Commission transmittal public hearing¡ after action appropriate portions of the amendment are forwarded to D.C.A. July 11, 1989: Consideration of enacting Ordinances on First Reading July 25, 1989: Enactment of land use map amendments. The above schedule can be modified slightly, but not much, because the City will be holding Public Hearings on the revised Comprehensive Plan in April and May. The revised Comprehensive Plan will be transmitted to the State Department of Community Affairs on or prior to June 1, 1989. The Commission does have the alternate option to not entertain any amendments at all, or at least any major amendments to the Land Use Map, considering local amendments only, given the status of the draft Comprehensive Plan and our submission deadline date of June 1st. RECOMMENDED ACTION: Approve the above recommended time schedule processing major and local amendments to the Land Use plan. FS:cl MEMORANDUM TO: Mayor and Commission FROM: City Manaqert~t SUBJECT: COMPREHENSIVE PLAN DATE: January 20, 1989 The attached memorandum provides options for the Commission to consider in approaching review of the Comprehensive Plan. The Commission may want to consider the following which merges elements of both options presented. February 16: 1. Major Land Use Map changes. 2. Concurrency issues. 3. Schedule of Capital Improvements. 4. Capital Improvement financing program. 5. Major programs and activities. February 23: I. Ten minute presentations by each of the six Task Team leaders and where there was no task team leader, staff to present major needs, activities and programs identified in the element. 2. Round table discussion addressing the goals, objectives, policies and other aspects of the Comprehensive Plan elements. March 2: Indepth review of Land Use Map designations¡ goals, objectives and policies of Land Use elements¡ and Land Use implementation program. March 9: Indepth review of Capital Improvements element¡ schedule of Capital Improvements¡ financing program¡ and the monitoring and evaluation program. March 16: A review of directed changes to the draft document. Although changes will be directed throughout the process this will assure that each change is cataloged and that, additionally those which have been unresolved can be addressed. Should additional meetings be needed beyond March 16th they can of course be scheduled on subsequent Thursday nights. ;Þµ ~tØ uJ.~ 1'1 CITY COMMISSION DOCUMENTATION TO: WALTER O. BARRY, CITY MANAGER VIA: FRANK R~~~, D;RECTOR DEVELOPMENT SERVICES GROUP D~~ ~ \~~~v(YI- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: AGENDA ITEM: REGULAR COMMISSION MEETING OF JANUARY 24, 1989 SCHEDULE FOR JOINT MEETINGS WITH P&Z RE REVIEW OF THE COMPREHENSIVE PLAN DOCUMENTS Item before the Commission: The action requested of the Commission is to set a series of workshop dates at which the draft Comprehensive Plan will be reviewed. Background: At the Commission's work session of January 17th direction was given that the Commission would review, comment and direct changes to the draft Comprehensive Plan prior to it being distributed as a "City Document". The draft document will be in review form and disseminated during the first full week in February. The following scenarios suggest ways in which the Commission may want to conduct the joint review. Scenario "A" Thursday Evening Series all meetings from 7:00 p.m. to 9:30 p.m. February 16th: Overview by staff, highlights of requirements of the State Act and Administrative Rule 9-J5, highlighting of the most critical and substantial proposals e.g. - major land use map changes - concurrency - capital improvement financing program - schedule of capital improvements - major programs and activities : ~ -.- . -~. -..... ... - . . . ! , m, ~ . , city Commission D~_umentation Meeting of January 24, 1989 Re: Schedule for Joint Meetings with P&Z Board Re Review of the Comprehensive Plan Documents Page 2 February 23rd: Commence review of elements through the following format: - 15 minute presentation by Chair of the Task Team or staff if there was no task team, the presentation is to give the direction behind the element, its thrust, and major needs and/or activities and programs - roundtable discussion, chaired by the Mayor, which first addresses the Goals, Objectives, & Policies and then other aspects of the element under review - Housing, Open Space & Recreation, Traffic March 2nd: Same procedure for the Coastal Management, Conservation, and Public Facilities Elements March 9th: Same procedure for the Intergovernmental Coordination Element. In-depth review of the Land Use Map Designations. Review of the Land Use Map Goals, Objectives, and Policies, review of Implementation Program March 16th: Review of the, Capital Improve~ent Element Goals, Objectives, and Policies, the 5-year Schedule of Improvements, and the Implementation Program March 23rd: Directed changes to the draft document. Although changes will be directed throughout the process, when we get to this point, the information level will be greatly enhanced and Members will have changes they will want to put forth. In addition, controversial items will probably be deferred to this point in time. March 30th: Continuation of discussion from the 23rd. , . , ~-, . I -., -, . . - .,- . , . ' . . I II ~ , City Commission Documentation Meeting of January 24, 1989 Re: Schedule for Joint Meetings with P&Z Board Re Review of the Comprehensive Plan Documents Page 3 April 7th: Revised document ready for distribution. Notice provided through a brochure and full-page newspaper advertisement. Perhaps provide for a 1/2 day public information presentation prior to the informal hearing (perhaps joint P&Z and C.C.) currently targeted for April 17th. Further direction re changes. Changes made and prepared for formal public hearing by P&Z on May 8th. (The above (process post CC/P&Z workshops) is subject to refinement after the review process is completed) . Scenario B Thursday Evening Series, all meetings from 7:00 P.M. to 9:30 P.M. February 16th: - I ' same as above? " : Z ~ í Jc./ ¡ ~ / / Jf/.l- ,..., ¡.../ 1) f ", In' " Z '3 ' / r hrl' n ~ ,£ II J'l:~~: .:;-- ,.~ ~ '1.''/ ~ jÌíir¡1.:{¡, L ~rn;:try 23.~d: uJ&'1u1 f1U.z ~ku ;¡-.H¡Yj , . In-depth review of the Land Use Map designations; the Goals, Objectives and Policies of the Land Use Element; and, the Land Use Implementation Program. Ih ~d1\.0 Nar..Qh 2nd : In-depth review of the Capital Improvements Element; the Schedule of Improvements; the Financing Program; and, the Monitoring and ~ Evaluation Program. Marc 9th: ! Report from Ad-hoc Committee* which has been formed to review the Goals, Objectives, and Policies from the other Elements. Participants to comment upon Goals, Objectives, and Policies of the other elements based upon their own, individual research and review. : . . -! I -.- ... .- .. . - . I ~ . , City Commission Dvcumentation Meeting of January 24, 1989 Re: Schedule for Joint Meetings with P&Z Board Re Review of the Comprehensive Plan Documents Page 4 March 16th: Directed changes to the draft document. Although changes will be directed throughout the process, when we get to this point, the information level will be greatly enhanced and Members will have changes they will want to put forth. In addition, controversial items will probably be deferred to this point in time. March 23rd: Continuation of discussion from the 16th. The rest of the schedule follows Scenario "A". * The Ad-Hoc Committee should be comprised of a Commission Member, a Board Member, the City Manager and others (if any) as appointed by the City Commission. The purpose of the committee would be to "weed-out" inappropriate policies and to identify (for the rest of the participants) those policies which carry significant policy implications>. Requested Action: Provide direction as to how to proceed --- either "A" or "B" or modifications thereof. REF/DJK*36/CCPZCP.TXT . I ._. _, , . . I .. , MEMORANDUM TO: Walter O. Barry City Manager FROM: Robert A. Barcinski ~ Assistant City Manager or Community Services DATE: January 19, 1989 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING OF JANUARY 24, 1989 APPROVAL ATLANTIC AVENUE ASSOCIATION VALENTINE'S DAY DINNER DANCE Action City Commission is requested to approve a request from the Atlantic Avenue Association to conduct a Valentine's Day Dance on February 11, 1989, to cele- brate the beautification of Atlantic Avenue. The request includes 1) authori- zation to close Atlantic Avenue between S. E. 3rd Avenue and S. E. 5th Avenue and to close N. E. 4th Avenue at the alleys closest to Atlantic Avenue, 2) a request for the City to provide weekend services without charge for Police supervision, table set up and clean up, stage set up, installation of white decorative lights on street poles and in planters, use of electricity and 3) permission for Vic Knight's Band to set up at Atlantic Avenue and 4th Avenues. Information The Atlantic Avenue Association is for a black tie (optional) dinner dance. Tickets will be sold for $35.00 per person, which will include dinner at either the Arcade Tap Room or D & B Fish Works. Tables and chairs would be set up in the parking areas of the street and be reserved for ticket holders. Additional tables would be set up per staff recommendation for the general public, if so approved by Commission. The weekend services to be provided by the City would involve staff overtime. Estimates of these costs are as follows: 1. Police supervision - $320.00. 2. Parks and Recreation staff for stage set up, table set up and clean up - $300.00. 3. An additional $200.00 to set up lights if done on the weekend. The Association has agreed to obtain barricades at their cost. Staff Recommendation Approve the request authorizing street closing and staff assistance charging for Police supervision and Parks and Recreation staff overtime. RAB: mld , . , . ( -, . ! -_..~ ......- -.. . - ,,- .. f - ,- . ' . , r I I I g f I ~ . , . , 3anuary 12. 1989~ Walter Barry City of De1ray~ aêh ~I 100 HW 1st A nue I De1ray Beac HI 3~'44 . I Dear M BarrY.~ I Th celebrat' n of the Atlantic is s,~edu1ed fa February 11th. The Atlantlç Avenue Assdc~.tion equests the ol1o"1ng in kind ssrvices tro.~e city tor'..~h1e event. .~ "!o. " to close Atlantic Avenue between ~ 3rd Avenue and"_ 5th. venue, 4th Avenue, south of the alley ..'~ HE 4th "'", cl~ est to Atlantic Avenue to the alley on S~}4th Avenue c¡ósest to Atlantic Avenue. Street closing . requested flam 5:00 P.M. until 1:00 A.M. ~rOVide police supervision trom 8.00 Provide 50 tables and 400 chairs and the staff to port, set up and take down. Provide extra trash reëptacles. / Provide the~ity Stage. including transportation, setup and take down. \ Approve small "hite de~orative lights being placed int'\" ~ the planters and on the street light poles. ~ ~ "(J"::" f)d~, ';... Approve use of electric service at the street light pOles.\" Permission for Vi~ Knight's WDBr All Star Big Band to set up\ at Atlantic and 4th Avenues. ' \ This evening promises to be a wonderful event and the committee .. is working diligently to involve the ,entire community. We en- courage the participation of . all City Commissioners and all Department Heads. We need the city'. .upport and cooperation to make this a big success. A timely response to thi. request would be most appreciated. . . re}Y~{. . . , y S otyns Ir Downto Coordln tor . . . 64 S.E. 5th A VENUE . DELRA Y BEACH. FL 33483 . (407) 278.0424 . · . . _. , . . ~., -*11I- __ r_ . _... '" _ .., -- - " r . - . ' I . · I i , ~ · , I ~lÝj~ MEMORANDUM TO: Walter O. Barry, City Manager FROM: Robert A. Barcinski, Asst. City Manager Community Services~ DATE: January 24, 1989 SUBJECT: Documentation of City Commission Meeting January 24, 1989 Trash Receptacle Request - Atlantic Avenue Association Action City Commission has been requested to purchase, install and maintain 18 trash receptacles along Atlantic Avenue east of the intracoastal water- way. City Commission is also requested to appropriate funding if approved. Background The Atlantic Avenue Association has requested that the City purchase, install and maintain 18 trash receptacles along Atlantic Avenue east of the intracoastal. Dave Harvell, Director of Streets, has reviewed this request with Kathy Shabotynskyj. Dave recommends 16 containers be placed on the Avenue with 2 being placed in inventory; total 18. Various style options were reviewed and discussed. Style options and costs are as follows: 1. Rectangular, wood, drop in type with liner $ 480.00 ea. $ 8440 (Like those downtown - 43" high) 2. Precast, concrete, round, drop in type with liner $ 155.00 ea. $ 2790 (Similar to beach style - 26" high) (Can pick color) (Local purchase) ,~ .. 3. Precast, concrete, rectangular drop in type t68 with liner (36" high) $ 226.00 ea. (Local purchase) 4. Precast, conc~ete, rectangular as above except 26" high (new mold) $ 275.00 ea. $ 4450 Textured options for the precast concrete containers will add additional cost. This cost cannot be determined until a selection is made. The Atlantic Avenue Association prefers the round precast concrete style with a textured option. Staff has no real preference, however, the rec- tangular precast concrete type will be virtually maintenance free and would be compatible with the beach front receptacles. Trash pickup for these receptacles would need to be added to the Waste Management schedule. This is not a budgeted purchase. The Budget Director has researched funding options and recommends the purchase be funded from the Sanita- tion Fund, Continuous Bulk Pickup Account #433-3711-534-34.20. RAB/sfd Iq~ . ~ ; ; , ;. , ¡ , , í , I , , ~. I , , 'f " ---....,-" __ A....,:i,.~ . RESOLUTION NO.2-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY or DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH¡ SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS: PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS¡ PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances¡ and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances¡ and, WHEREAS, the property owner (s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner (s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances¡ and, WHEREAS, the City of Delray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s)¡ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid¡ and, WHEREAS, the City Commission of the City of Delray beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in 'J,O . , -. . I , I Section 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as ¡ t.he lien for general city taxes and shall be collectible in the same I manner and with the same penalties and under the same provisions as to I sale and foreclosure as City taxes are collectible. I ¡ Section 2. That such assessment shall be legal, valid and I binding obligations upon t.he property against which said assessments are levied. II I Section 3. That the City Clerk of the City of Delray Beach is I I hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of ·the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property' for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty ( 30) days from the date of adoption and the assessment(s) contained herein arid shall become due and payable thirty (30) days after the mailing date of t.he notice of said assessment(s) , after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been recei ved by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 198 . - MAYOR ATTEST: City Clerk -2- Res. NO.2-89 COST ABATING NTJISANCES UNDER \PTER 90 OF THE CODE OF ORDINANCEw PROPERTY DESCRIPTION OWNER ASSESSMRNT Lot 24, Blk 2, Carver Park, Rena Bradford $ 40.00 PB 27, P 55, Public Records, 1416 SW 3rd St. 65.00 (Adm. Cost) Palm Beach County, FL Delray Beach, FL 33444 (Recording) (1416 SW 3rd St.) Lot 23, Blk 13, Del Ida Park, Canes Dorsonne $ 40.00 PB 9, P 52, Public Records, Alliance Noel 65.00 (Adm. Cost) Palm Beach County, FL 621 NE 3rd Ave. (Recording) (621 NE 3rd Ave.) Delray Beach, FL 33444 W 50' of S 150' of Blk 18, Lonnie & Phyllis Durham $ 40.00 Town of Delray, PB 1, P 3, 521 NW 2nd Street 65.00 (Adm.Cost) Public Records, Palm Beach Delray Beach, FL 33444 (Recording) County, FL (521 NW 2nd St.) W 7' of Lot 15 & Lot 16, Blk 4 C.W. Trieste, Sr. $ 40.00 Dell Park, PB 8, P 56, Public J.H. Adams Trust 65.00 (Adm. Cost) Records, Palm Beach County, FL Charles Trieste Family TR (Recording) (NE 2nd Ave.) 336 NE 3rd Ave. De1ray Beach, FL 33444 VIOLATION IS: SECTION 90.03 - STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS. -3- Res. No .2-89 "- RESOLUTION NO. 3-89 A RESOLUTION OF THE CITY COMl'lISSION OF THE CITY OF DET~RAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE conE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COS~S FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH: SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES: PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS: PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNP,~ID ASSESSMENTS: PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City manaqer or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation 0= the provisions of Chapter 100 of the Code of Ordinances: and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.2~ of the Code of Ordinances of the City of Delray Beach, the Cit" Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the 1and(s) described in the attached list ~Tith written notice of puhlic nuisance pursuant to Sections 100.~0, 100.?1 and 100.~2 of the Code of Ordinances describing the nature of the nuisance(s) anñ sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of viol~tion of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within seven (7) days from the date of said notice, failing in which the City of De1ray Reach would proceed to correct this condition by ahating such nuisance, and that the cost thereof would be levied as an assess- ment against said property¡ and, ~mEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within seven (7) days subsequent to the rendering of a decision adverse to the property owner(s) (thirty-five (35) days for violation of 100.04)¡ and, WHEREAS, the City of nelray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice¡ and, WHEREAS, the City Manager of the City of De1ray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved¡ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), 1-1 . ... NOV17, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i Section 1. That assessments in the individual amounts as shown I by the report of the City Manager of the City of De1ray Beach, involving I the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached .! hereto and made a part hereof, are hereby levied against the parcel (s) U of land described in said report and in the amount(s) indicated thereon. Ii ¡, Said assessments so levied shall, if not paid within thirty (30) days I: after mailing of the notice described in Sec. 3, become a lien upon the I: respective lots and parcel (s) of land described in said report, of the I ! same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall he placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirt~T (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasnnable attorney's fee. Section 6. That at the time the City Clerk Bends the certified copy of this resolution for recording, a notice of lien, in the form prescribed in Section 100.27 of the Code of Ordinances, shall he mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 198',. MAYOR ATTEST: City Clerk - 2 - Res. NO.3-89 . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT N 100' of S 200' of E 140' of J. & Florence Smith (H&W) $ 75.00 W 305' of N 1/2 of Lot 1, Sub. 11621 197th Street 50.00 (Adm. Cost) of Sec. 20-46-43, PB 26, P 48, St. Albans, NY 11412 (Recording) Public Records, Palm Beach County, FL. (SW 7th Avenue) Lot 17, Blk 95, Linn's Add. to Lawrence L & $ 25.00 Osceola Park, Delray, PB 3, Lille W. Parker (H&W) 50.00 (Adm Cost) P 2, Public Records, Palm 218 S.E. 4th Avenue (Recording) Beach County, FL Delray Beach, FL 33483 (218 SE 4th Avenue) Lot 2, Blk 4, Atlantic Park R.M. & Juanita E. Coffey $ 15.00 Gardens, PB 14, P 56, Public (Husband & Wife) 25.00 (Adm. Cost) Records, Palm Beach County, FL 1502 NW 85th Street (Recording) (SW 13th Avenue) Miami, FL. 33147 Lot 3, Blk 4, Atlantic Park R.M. & Juanita E. Coffey $ 15.00 Gardens, PB 14, P 56, Public (Husband & Wife) 25.00 (Adm. Cost) Records, Palm Beach County, FL 1502 N.W. 85th Street (Recording) (SW 13th Avenue) Miami, FL 33147 Lot 19, Blk 2, Atlantic Park J.D. & Earline Monroe $125.00 Gardens, PB 14, P 56, Public (Husband & Wife) 50.00 (Adm. Cost) Records, Palm Beach County, FL 116 Hartland Street (Recording) (SW 13th Avenue) Hartford, CT. 06112 Lot 16, B1k 4, Priest's Add. to Rosa L. Scott $ 65.00 Atlantic Park Gardens, PB 23, 401 S.W. 10th Street 50.00 (Adm. Cost) P 70, Public Records, Palm Delray Beach, FL 33444 (Recording) Beach County, FL (SW 13th Avenue) Lot 14, Blk B, Carver Memorial Rufus Norman Estate $ 30.00 Park Sub., PB 20, P 56, Public C/o C. Norman 50.00 (Adm. Cost) Records, Palm Beach County, FL 1720 NW 8th Street (Recording) (NW 15th Avenue) Miami, FL 33147 Lot 27, Blk 1, Atlantic Park Rennie Thomas $ 55.00 Gardens, PB 14, P 56, Public 1720 1st Street N 50.00 (Adm. Cost) Records, Palm Beach County, FL Winter Haven, FL 33881 (Recording) (NW 12th Avenue) E 50' of W 583' of S 140' of Jacquel Dawson $ 30.00 N 165' of N 1/2 of NW 1/4 of Rt. 1, Box 152 50.00 (Adm. Cost) SW 1/4 of NW 1/4, Sub of Sec. Archer, FL 32618 (Recording) 17-46-43, PB 1, P 3, Public Records, Palm Beach County, FL (NW 2nd Street) Lot 18, Blk 4, Odmann's Sub., E. & Lucille Harrison $150.00 PB 4, P 53, Public Records, (Husband & Wife) 50.00 (Adm. Cost) Palm Beach County, FL 40 S.W. 13th Avenue (Recording) (40 SW 13th Avenue) Delray Beach, FL 33444 Lot 13, Lincoln Atlantic Park J. Reeve & Anne S. Bright $ 35.00 Gardens, PB 23, P 226, Public (Husband & Wife) 7.16 (Adm. Cost) Records, Palm Beach County, FL 700 Seasage Drive (Recording) (102-104 SW 13th Avenue) Delray Beach, FL 33483 Lot 14, Lincoln Atlantic Park J. Reeve & Anne S. Bright $ 35.00 Gardens, PB 23, P 226, Public (Husband & Wife) 7.14 (Adm. Cost) Records, Palm Beach County, FL 700 Seasage Drive (Recording) (106-108 SW 13th Avenue) Delray Beach, FL 33483 Lot 15, Lincoln Atlantic Park J. Reeve & Anne S. Bright $ 35.00 Gardens, PB 23, P 226, Public (Husband & Wife) 7.14 (Adm. Cost) Records, Palm Beach County, FL 700 Seasage Drive (Recording) (110-112 SW 13th Avenue) Delray Beach, FL 33483 -3- Res. No. 3-89 Lot 16, Lincoln Atlantic Park J. Reeve & Anne S. Bright $ 35.00 Gardens, PB 23, P 226, Public (Husband & Wife) 7.14 (Adm. Cost) Records, Palm Beach County, FL 700 Seasage Drive (Recording) (114-116 SW 13th Avenue) Delray Beach, FL 33483 Lot 17, Lincoln Atlantic Park J. Reeve & Anne S. Bright $ 35.00 Gardens, PB 23, P 226, Public (Husband & Wife) 7.14 (Adm. Cost) Records, Palm Beach County, FL 700 Seasage Drive (Recording) (118-120 SW 13th Avenue) De1ray Beach, FL 33483 Lot 18, Lincoln Atlantic Park J. Reeve & Anne S. Bright $ 35.00 Gardens, PB 23, P 226, Public (Husband & Wife) 7.14 (Adm. Cost) Records, Palm Beach County, FL 700 Seasage Drive (Recording) (122-124 SW 13th Avenue) De1ray Beach, FL 33483 Lot 19, Lincoln Atlantic Park J. Reeve & Anne S. Bright $ 35.00 Gardens, PB 23, P 226, Public (Husband & Wife) 7.14 (Adm. Cost) Records, Palm Beach County, FL 700 Seasage Drive (Recording) (126-128 SW 13th Avenue) Delray Beach, FL 33483 Lot 13, B1k 10, Atlantic Lonnie Carrington ET AL $ 25.00 Gardens, Delray, PB 14, P 63, 1229 1st Court 50.00 (Adm. Cost) Public Records, Palm Beach Delray Beach, FL 33444 (Recording) County, FL (206 sw 10th Avenue) Lot 12, Blk 3, Northridge, Cora A. Dapp $ 25.00 PB 23, P 168, Public Records, 1917 N. Swinton Avenue 50.00 (Adm. Cost) Palm Beach County, FL Delray Beach, Fl 33444 (Recording) (1917 N. Swinton Avenue) S 50' of N 208' of E 208' of Hazel Sanders $ 92.00 W 1/2 of E 1/2 of N 1/2 of P. O. Box 1162 50.00 (Adm. Cost) Lot l/less E 25' Rd R/W, Sub. Crystal River, FL 32629 (Recording) of Sec. 20-46-43, PB 28, P 68, Public Records, Palm Beach County, FL (SW 5th Avenue) Lot 13, B1k 2, Atlantic Park J. Reeve & Anne S. Bright $305.00 Gardens, Delray, PB 14, P 56, (Husband & Wife) 50.00 (Adm. Cost) Public Records, Palm Beach 110 E. Atlantic Ave. #400 (Recording) County, FL De1ray Beach, FL 33444 (17 SW 13th Avenue) Lot 19, Blk 1, Atlantic Park Eldora R. LaFleur $ 45.00 Gardens, Delray, PB 14, P 56, C/O Sherrie1 M. Turner 50.00 (Adm. Cost) Public Records, Palm Beach 485 N.W. 88th Street (Recording) County, FL Miami, FL 33150 (47 NW 13th Avenue) Lot 16, Blk A, Tourist Nook, Vincent Villafane $ 25.00 PB 11, P 47, Public Records, Milagros Villafane 50.00 (Adm. Cost) Palm Beach County, FL 423 Wilder Street (Recording) (NW 2nd St. & NW 10th Ave.) West Palm Beach, FL 33405 Lot 20, Blk 1, Atlantic Park Mary Salomon Estate $ 25.00 Gardens, PB 14, P 56, Public C/O Lillian Quince 50.00 (Adm. Cost) Records, Palm Beach County, FL P.O. Box 119 (Recording) (NW 13th Avenue) Delray Beach, FL 33447 Lot 13, B1k 10, Atlantic Lonnîe Carrington Et Al $ 12.50 Gardens, Delray, PB 14, P 63, 1229 1st Court 25.00 (Adm. Cost) Public Records, Palm Beach Delraÿ Beach, FL 33444 (Recording) County, FL (SW 10th Avenue) Lot 14, Blk 10, Atlantic Lonnie Carrington Et AI $ 12.50 Gardens, De1ray, PB 14, P 63, 1229 1st Court 25.00 (Adm. Cost) Public Records, Palm Beach Delray Beach, FL 33444 (Re cording) County, FL (206 SW 10th Avenue) All of Plat, Ocean Cay of Two Twenty Two $150.00 Delray, PB 50, P 59, Public Delray Properties, Inc. 50.00 (Adm. Cost) Records, Palm Beach County, FL 218 North Ocean Blvd. (Recording) (North Ocean Blvd.) Delray Beach, FL 33483 -4- Res. No .3-89 S 1/2 of NE 1/4 of SW 1/4, Bd.of Public Instruction $ 15.00 N 1/4 of SE 1/4 of SW 1/4, P.O. Box 2469 50.00 (Adm. Cost) SE 1/4 of NW 1/4 of SW 1/4 w. Palm Beach, FL 33402 (Recording) (Less S 341.26' of N 391.26' of E 345'of W 385') N 1/2 of NE 1/4 of SW 1/4 of SW 1/4 lyg W of & adj to Ry R/W, Sub. of Sec. 4-46-43, Public Records, Palm Beach County, FL (NE 3rd Avenue) Lot 22, Lincoln Atlantic Park R & Mary Ann Ferguson $ 25.00 Gardens, PB 23, P 226, Public (Husband & Wife) 50.00 (Adm. Cost) Records, Palm Beach County, Fl 3893 Cortez Lane (Recording) (138-140 SW 13th Avenue) Delray Beach, FL 33445 Lot 29, Blk 1, Odmann's Sub., Rony Denis & $ 20.00 PB 4, P 53, Public Records, Savuer St. Louis 50.00 (Adm. Cost) Palm Beach County, FL 1360 N.W. 1st Street (Recording) (1360 NW 1st Street) Delray Beach, FL 33444 Lot 4, Blk 8, Osceola Park, Emilio Garcia $ 50.00 PB 3, P 2, Public Records, P.O. Box 3215 50.00 (Adm. Cost) Palm Beach County, FL Boynton Beach (Recording) (SE 4th Avenue) Florida 33424-3215 Lot 15, Blk 2, Atlantic Park Eddie L & Earline Clay $ 20.00 Gardens, Delray, PB 14, P 56, (Husband & Wife) 50.00 (Adm. Cost) Public Records, Palm Beach 222 S.W. 13th Avenue (Recording) County, FL Delray Beach, FL 33444 (25 SW 13th Avenue) Lot 13, Block 95, Linn's Add. Stephen Curic $ 27.50 to Osceola Park, PB 1, P 133, 1767 Drew Road 25.00 (Adm. Cost) Public Records, Palm Beach Mississayga, Ontario (Recording) County, FL Canada L5A 1J5 (SE 4th Avenue) Lot 14, Blk 95, Linn's Add Stephen Curic $ 27.50 to Osceola Park, PB 1, P 133, 1767 Drew Road 25.00 (Adm. Cost) Public Records, Palm Beach Mississayga, Ontario (Recording) County, FL Canada L5A 1J5 (SE 4th Avenue) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS¡ DECLARED NUISANCE. : , -5- Res. No. 3-89 ~ , ~ RESOLUTION NO. 4-89 ~ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELP.AY BEACH, FLORIDA, DECLARING ACQUISITION OF LAND F~R USE AS A "'ELI. AND WATER P'JMPING STATION IN THE CITY OF DE!..RAY BEACH IN PÞ.LM BEACH COUNTY, FLORIDA, TO BE A PUBLIC NECESSI'I"l¡ A1JTBORIZING THE EMPLOYMENT OF APPRAISERS; Þ.ND AUTHORIZING T"rlE FILING OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City's Public Utilities Director has recommended the acquisition of land upon which a fresh water well may be operated to supply the City and its residents with potable water; and, WHEREAS, funds are available for the acquisition of this needed land; and, WHF..R.EM;, the specific property required and needed for the above-described well purpose is described on Exhibit 1 attacbed hereto and by reference incorporated herein; and, WHF..R.EM;, this Board finds that the acquisition of needed land upon which a fresh water well may be operated by the City of Delray beach and the acquisition of the specific property described on Exhibit 1 attached hereto are a public necessity, and the same are necessary and essential to the best. interests of the City of Delray Beach, and ~'1at the acquisition of the needed land, as described on the attached Exhibit 1, in fee simple, for the purpose of supplying potable water to the City and its residents is also a public necessity; and, WHERE}~, in order to accomplish the acquisition of this needed land, it is necessary for the Director of pt..1blic Utilities and City Attorney to take legal action and employ real estate appraisers. NOW, THEREFORE I BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. This Board adopts and ratifies these matters set forth in the foregoing recitals. Section 2. The Director of PUblic Utilities is authorized and directed to employ real estate appraisers for the purpose of securing appraisals of the value of the property described on Exhibit 1 for the purpose of acquiring said property. Section 3. The City Attorney, is hereby authoriz!!d and. directed to proceed to take the necessary steps for the City of Delray Beach to acquire in its own name by donation" purchase cr Eminent Domain proceedings the land described on Exhibit 1, in fee simple, and to have prepaxed in the name of the City of Delray Beach all papers, pleadings and other instruments required for that purpose., and to see that all Eminent Domain proceedinqs are prosecu-ced to judgment. Section 4. The City Þ.ttorney and the Director of Public Utilities are hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes hereinabove directed. PASSED .AND ADOPTED in regular session on this day of , 1989. MAYOR ATTEST: City Clerk ~1-- I . . LEGAL DESCRIPTION Lot 21, Block 49, Subdivision of the South 1/2 of Blocks 49 and 57, excepting the North 250 ft. of the East 1/2 of the South 1/2 of Block 57, Delray Beach, Falm Beach Count;{, Florida, as recorded in Plat Book 12, Page 86 of the Public Records of Palm Beach County, Florida. EXHIBIT "1" RESO. NO. 4-89 . [ITY DF DELRAY BEA[H CITY ""'TORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483 HI 407/243-7090 TELECOPIER 407/278-4755 MEMORANDUM Date: January 12, 1989 To; City Commission Walter o. Barry, City Manager From: Herbert W.A. Thiele, City Attorney Subjec~: Proposed Authorization to Commence Eminent Domain Procedures Regarding Acquisition of Lot 21, Block 49 After much research and consideration with regard to the operating well located on Lot 21, Block 49, and even though we are still in the process of defending the lawsuit brought by Paul Scurei against the City for the use of that Lot and/or wa ter \...ell, it is our belief that it will be in the best interest of the City to immediately commence condemnation procedures for the acquisition of the Lot upon which this fresh water well is located and operating. This will continue to assure the Ci ty upon its acquisition of the perpetual use of that Well No.3. We have been utilizing the firm of Jones, Foster, Johnston & Stubbs for the handling of the defense of the Scurei case and would recommend that they continue to be utilized to process the condemnation action. Once the resolution that is attached hereto has be~n scheduled for Commission consideration and approved, we will commence whatever necessary legal proceedings tha t must be taken in order to cornplet,e acquisi tion of this property. We are now in the process of endeavoring to obtain estimates on the potential value that would need to be paid in the acquisi- tion and shall provide that to you at the time of the meeting or in another updated memorandum on this subject. In the interim, if you have any questions, please contact the City Attorney's Office. Since this is a matter which is now currently in litigation, we would request that these materials and these further discussions be kept as confidential as is permissible under the law. vlSh Attachment cc: John M. LeRoux, Esq. H. Adams Weaver, Esq. , , t ; ¥ ': : , ¡ , , , j ,."; J . ': . ~ i ~ ~ MEMORANDUM TO: Walter o. Barry, City Manager FROM: Frank R. ~/{~l . Spenc , D1rector 0 Deve opment Serv1ces SUBJECT: CITY HALL EXPANSION, SITE AND DEVELOPMENT PLAN DATE: January 20, 1989 ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of the site and development plan for the City Hall Expansion Project. BACKGROUND: The site plan was reviewed by the City Commission at it's workshop session on January 17, 1989 at which time the Commission expressed it's consensus for approval. The site plan, and conditions attached thereto, contain elements which were not considered in the original project cost estimates. The mos t significant being a parking lot north of the existing buildings and the laying of a water main from Atlantic Avenue to Martin Luther King Boulevard and the installation of fire hydrants along that main. PLANNING & ZONING BOARD RECOMMENDATION: At it's meeting of December 19, 1988, the Planning & Zoning Board considered the site plan and recommended approval subject to certain conditions. These conditions except for one have been reflected upon revised plans. The one exception is that the 10 foot landscaping area required by the CF zone district not be applied along N. W. 2nd Street based upon previously presented justifications which include the need for meeting the parking requirements and the fact that the City owns the property to the north which is the site of the water reservoir. Also additional excessive landscaping is provided for in the interior of the site which does compensate for any loss along the north boundary of the project. This justification appears sufficient for the City ~3 Commission to exercise it's prerogative not to require a City project to comply with the strict application of zoning regulations and to set this situation apart of other situations which may arise. CRA RECOMMENDATIONS: CRA has endorsed the plan provided that the parking area north of the existing building is constructed. The CAB has approved the elevations and landscaping of the site. The Technical Advisory Committee has recommended the granting of administrative relief relative to determining the number of required parking spaces. RECOMMENDED ACTION: It is recommended that the Commission approve the revised site and development plan for the City Hall Expansion Project as presented and discussed on January 17, 1989¡ grant the administrative relief pertaining to the number of required parking spaces as recommended by the TAC¡ grant approval for the use of compact parking spaces as recommended by the Planning & Zoning Board¡ and, waive the requirements for a 10 foot landscaping area along N. W. 2nd Street based upon the justification provided in staff documentation. A copy of the detailed Planning & Zoning staff report is available for review in the City Manager's office. FRS:nr t""LHNNING t. ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPœT --- M:ETlt'6 æTE: k. l~ J ,~tK ÆEtœ ITB4: IV. Â. ITEH:~ t..t-e ~ (,~ kt~~~ 4 ~ ~ ~~~ . . ,. =,: ';I.~···:"- ~':'i~~ I. .1 . . . BuIld'.:: . . II _ . . I~ _..., ITI -.. .' '¡- .. ~~ ~ I l'l ~~ .. · · - .. .. . ~ .~ :I .= ,.... ~ lIP ,I. .~" I ~ II . - ,~ · < · · < · - r11'I"I'1,,"·I"I-I' - · I~~~ ~= .. ti .... ~I··"';; 25 . .' ~ S I' !< ~ - · · :. = > .. i . ~ . , [. ... _1':110 a ~:- ~ Ii .. ~ ... i t:i'" . & . N.W. taT AVENUE ~~ ~ ... ~. _. .. -1..:1- .. II · · · -L:fi:"ï- · · ·'-1- -.¡;¡" II 2 I: I ~ : T - I - . . I-I....' 11"..1. . 1,1 :~, . . · ~ENERAL DATA: . OWner...........................C1C7 of Delray "ach . Aq.nc...........................Mark M. Mar8h Di* .ddve., Marsh .nd A88OC1ate. Loc.t1on........................We.t .1de of M.W. 1.t Avenue, between Atlantlc Avenue .nd M.W. 2ncS St~..t. Property Sl&e...................l.44 Acr.. (149,925 Sq. ft.) Community Redevelopment Plan....Jubllc Iaatltut1on.l City Zoninv.....................cr fea..uAity Facilitie.) fIN PIIOCESS) Adjacent ZOninv.................MOrtb and South of the .ubject property 1. zoned or (IN PROCESS) . Ea.t 1. zoned RO (Re.ldentlal Offlc. Di.trict). We.t 1. zoned a-1A. £Xi.tift¡ Land U.................Clt7 Ball. Utility 81ll1nv TraUer, co..unlty Developtlent INUd1nv and att.n!ant parlUft9. Propo.ed Land U.................Pha.. I .xpansion of City Hall to ;, acco.ocS&t. new commi..ion c~r., with .tt.nd&nt office.. confer.nce rOOlll. .nd cov.red collna4e. W.t.r Servlc....................Pr1Nary ..rvic. 1. fro. the .x1.tlnv 10· water ..1n alonv the ITEM:~ ~ ...t .id. of N.W. 2nd Avenu.. sewer ..rvic....................Prt.&ry aervlc. 1. f~o. the exl.tlnv I" ..nlt.ry sewer lac.ted on the we.t .1de of N.W. 2nd Avenue. ¡ -- I -- -- . ." --. , . . ~ . ~ ;P'l/rt MEMORANDUM TO: WALTER O. BARRY, CITY MANAGER ~ 'IHRU : FRANK SPENCE, ASSISTANI' ~Gæ FR<X1 : }'~ GERALD B. ætJRai, P.E., CITY ENGINEER DATE: JANUARY 9, 1989 SUBJECI' : FASEMENI' DEED WITH HAMLEr RESIDENTS ASSOCIATICN, INC. IN ESTATES III OF HAMLEr FúR A UTILITY EASEMENT This Easerænt Deed has been prepared for the purpose of relocating a part of a sanitary sewer main which is maintained by the City. The property owners are proposing to excavate a Lake for esthetics and personal reasons and this easement is required to be established. The Engineering Department is reccmnending approval of the subj ect Easerrent Deed. The City Attorney's office has reviewed it and found it acceptable. We wish to schedule for City O::mnissiion acceptance on the next available ræeting. The City Clerk's office would record the original deed. GBC:slg .'.'---., , · · .; ¡ · · i . ! I ¡ , t · I , , ?-~ ¡ ~ j ) · , : - . p EASEMENT DEED . THIS INDENTURE, made this 28TH day of JULY 1988, by and between --1}IF. HAMT.IT RF5aD~1:IDN...INC..,.______,__ pal'ties of tl-¡e first pal't, and the CITY OF DELRAY BEACH, a Florida municipal corporation in Palm Beach County, state of 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 s2id party of the second part, the receipt of which is hereby acknowledged, does hereby 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 12 foot utility easement with full and free right, liberty and authority to enter upon and to install, operate, and maintain such sanitary sewer under, across~ through and upon, over, under or within the following described property located in Palm Beach County, Flol'ida, t 0- wit: EASEt-IENT FOR LEGAL DESCRIPTION SEE SHEET 2 OF 3 FOR EASEMENT SKETCH SEE SHEET 3 OF 3 Concomitant and coextensive with this right is the further right in the party of the se~ond 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 äny and all mortgages or liens encumbering this easement. The parties of the first part also agree to erect no building 0.. 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, t h r 0 ugh 0 I' u /1 d e r it, that it has good right and lawful authority to gränt 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 successo..s or assigns of the parties. I IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESSES: ~ . PART~S OF T~~~S¡ PART ~ /L __L___ _~__'A_K_~M~__~____ SHELDON N. REIBMAN, PRESIDENT _~¿.-,~ h.,~~____ ~~- - _._- - TTY I. J , C TARY ---- STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this däY, before m è, an officer authorized in the St~ounty~eSã1d to tãke acknowledgments, per son a 11 yap pea red . _-tß_~_- " , well k now n tom e , and the y acknowledged execut1~¡e same. WITNESS my hãnd ãn~al seal in the County and State last aforesaid this ~8~ day of ________1988. Prepared by: ~~ . // - ota-rÿ-' pübï-ië~- JOHN A. GRANT', JR., INC. ¿'/ State of Florida at large Consulting Engineers 3333 North Federal Highway My Commission Expires: Boca Raton, FL 33431 JOHN B. NUGENT Notlry Public. State of Florida ði SHEET 1 ÒF J My Commission Expires Dec. 19. 19_ .......... Th,u TN)' f.ón.l_ra_.I,.. . : " . JOHN A. GRANT, JR., INC. JG 100-6046 Consulting Engineers Sheet 2 of 3 3333 North Federal Highway July 13, 1988 Boca Raton, FL 33431 LEGAL DESCRIPTION ADDITIONAL 12 FOOT UTILITY EASEMENT A PORTION OF TRACT Z THE ESTATES III A utility easement, 12 foot in width, lying in a portion of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida and said easement being a portion of Tract Z of THE ESTATES III, as recorded in Plat Book 40, Pages 64 and 65 of the Public Records of Palm Beach County , Florida and the centerline of said easement being more particularly described as follows: Commenc ing . at the Southwest corner of Lot 2 of aforesaid THE ESTATES III; thence with a bearing of S.15°23'43"E., a distance of 3.88 feet to the Point of Beginning of the centerline of said easement; thence wi.th 8 bearing of S.48°11'5ó"W. , a distance of 92.07 feet to a point; thence with a bearing of S.05°47'42"E. , a dist·ance of 110.68 feet to a point; thence with a bearing of S.62°50'14"E. , a distance of 99.24 feet, more or less, to the end of the centerline of said easement. I . " · - , . ... , JOHN A. GRANT, JR., INC. nn N. 'EOE!tAL ·HWY. CON~ULTING ENGINEERS & SU~VEYORS 10eA RATON, f~ORIOA SKETCH OF LOCATION OF EASEMENT A PORTION OF TRACT Z THE ESTATES ]]I PLAT BOOK 40, PAGES 64 a 65 DELRAY BEACH, PALM BEACH COUNT'(, FLORIDA ~ \.U ~ ~ ~ j ~ !~ ~ KJ ~ ¡- ~I~~- I &M8-é!0' 10·. ~ ; ~~ ~ ~ N,~ _ ~ ";Z. ~ ~ :z o 5 ~ u, o h , þ 0 :D ~. I ¿ K ~'Off,: <. I f'It N m a~ I '8H\RH~ó5 Rf.ftR íO E a ~ PlJlf 8~f\¡::'ltj6S. .f¡! ..þ. c I :::0 J - I ~ /2' ()1/llf'l £1\)~rfl£l,rr &..6'1"0' A~(, H89·26·"'''£ J, ";J IIf v' 115. II qq,'2A' 01 en '" )Þ LA1: No 34 ./' Or OW" I., W/¿ Dote b-Z4·ßg Checked~! . f .1. ..::::... 'g. -==- PR~fLí L0CA110tJ Scole - 100 Job No, Jc,-oo- b04b Sheet 5 of 5. LoCAíIO'.) mAP N,1,S. [IT V DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 310 S,F. 151 STREET, SUITE 4 DELRA Y BEACH. FLORIDA 334R3 407f243-7090 TELECOPIER 407f17R-47SS MEMCR'l..NDTJM Date: January 17, 1989 're: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: GLORIA BATZ ET AI. V. CITY OF DELRAY BEACH, FLORIDA On December 11, 1985, a police car driven by a City of Delray Beach police officer, collided with a car driven by Gloria Batz on the entrance ramp toI-95 at· Linton Boulevard. Mrs. Batz incurred approximately $2,700.00 in medical bills and claL'!\s approximately 10 weeks of lost wages (at two hundred dollars per week) in the amount of $2,000.00 for total ~ompensatory d~~ages of approximately $4,700.00 Trial of this case is set on a three week docket beginning Pebruary 27, 1989. On January 13, 1989, attorney for Gloria Batz proposed the attached settlement offer of $5,000.00, with each party to bear its own costs. Our office recommends approval of- this settlement offer. For further details regarding this case, please contact our office. By copy of this memorandum to the City Manager, please insure that this offer of settlement is placed on the City Commission agenda for January 24, 1989 for their appro,,"al. ~ Attachment cc: Walter o. Barry, City Manager John Elliott, Assistant City Manager Lee Graham, Risk Management .--........ . . - ~( LAW OF"F"tCES ' fffr~~' n VE N~ LITTKY & CHANDLER ~~__ CITIZENS BUILDING. SUITE 800 City AttC!'M~~I'$ O:~;C<) 105 SOUTH NARCISSUS AVENUE ~'Clty of Dt'!r¡:;y 6(:,ach WEST PALM BEACH. F"LORIDA 33401 t, (407) 655-8444 MARVIN S, LlTTKY RICHARD VESPUCCI LAWRENCE U,L, CHANDLER· OF' COUNSEL . BOARD CERTIF'IED CIVIL TRIAL I.AWYER January 13, 1989 Susan Ruby 310 SE 1st Street DeIray Beach, FI 33483 RE: Batz vs. City of Delray Beach Dear Ms. Ruby, Now that much of our Discovery has been completed I am in a position to evaluate downward the potential value of this case and make a settlement demand of $5,000.00. This reduced demand is based upon the possibility that this case could be barred by the No Fault Act which you contend is now applicable to city police cars. Because my client has lost two and a half months of work, suffered medical bills and expenses of approximately $2,700.00 and continues to have difficulty with her injuries, it would seem that $5,000.00 is a minimal demand from a damages point of view. As you know, recent case law would allow Gloria Batz to recover all of her specials even in the event that you were to prevail on the permanency issue. Additionally, she would be denoted the prevailing party and would be entitled to recover all of her taxable costs. Those items alone, would exceed the $5,000.00 that we are willing' to accept as an early settlement. Please let me know as to whether or not this is acceptable to the City of Delray. .- ~rs. LAWRENCE U. L. CHANDLER LULC/llf ,,- . å ! i f f , , r f , , , j 1 , ) r 1 , , .. , , . £ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 3 0 S,[, I s\ STREET. SUITE 4 DELRA Y BEAClJ. FLORIDA 33483 407/243-7090 TELECOPIER 407/278-4755 January 18, 1989 Mr. Charles J. Averbook Schmier and Feurring Properties, Inc. Corporate Centre at Boca Raton '1777 Glades Road, Suite 310 Boca Raton, FL 33434-4195 Subject: Proposed Settlement Agreement Regarding Delray Town Center Litigation Dear Chas: This will acknowledge receipt via telecopier of your correspondence dated January 6, 1989, which transmitted the most recent revision of the proposed settlement agreement regarding the Delray Town Center, etc. vs. City of Delray Beach, Florida litigation. After review of this proposed agreement, same now meets with our approval as to legal sufficiency and as to form, being what we believe is in accordance with the understanding and direction from our City Commission of some weeks ago. ... . With that in mind, we will now schedule this matter for consideration by the City Commission at the next available regular City Commission meeting so that this matter can be thus amicably resolved. Upon the approval' and acceptance by the City Commission. it would be my understanding- that you or your counsF.'l will make arrangements to have this matter filed before the Circuit Court Rnd to have the appropriate orders accepting the settlement and dismissing the case as set forth in paragraph 7 of the agreement. If you have any questions, please contact me at your earliest convenience. P/r HT:ci cc City Commission Walter O. Barry, City Manager Frank Spence, Dir. Dev. Service David Kovacs, Director of Planning and Zoning Henry Fricke, Esq. , 1 £ . : 1 , r r . I r t ( ! ~ 1~ 'í } , -.... ...~. Schm1er &: Feurring Properties, Inc. rr = - - ~ _. _ . -,--J y----..~' .u'r.._~' ~ - "..~._,_~_~_,_,\_ ........-r-f..... ,...L._ rI ,.~ Charles I, Averbook January 6, 1989 VIA TELECOPIER Herbert w. A. Thiele, Esq. Attorney for city of Delray Beach 310 S.E. 1st Street Suite 4 Delray Beach, Florida 33483 Re: Delray Town Center Project Dear Herb: Pursuant to your letter of December 20, 1988, and our subsequent telephone oonversation, enclosed is a red-lined copy of what should be the final revision of our Settlement Agreement for this property. Please let us know if you have any other questions. We appreciate your cooperation. Vary truly C'" Gn:¡as if. Avartook -: - Executive vice President CJA/jg Enclosure(s) co: Henry Fricke, Esq. (with enclosure) Douglas R. Feurring (with enclosure) Frank Mowitz (with enclosure) Corporate Centre at Boca Raton, 7777 Glades Ro¡,d, Suite 310, BOOft Raton, 1i'1.. 33434-4195 (407) 483-8400, FAX 482-0181 i I I f ------ - .--- IN THE CIRCUIT COURT OF 'l'HE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA. CIVIL DIVISION CASE NO. AP 87·10810 AF DELRAY TOWN CENTER, SCHMIER ) AND FEURRING PROPERTIES, INC. , ) AND THE PUGLIESE CO., ) ) Petitioners, ) ) vs. ) ) CITY OF DELRAY BEACH, FLORIDA, ) ) Respondent. ) ) ) SETTLEMENT AGREEMENT COME NOW, the Plaintiffs, DELRAY TOWN CENTER, SCHMIER AND FEURRING PROPERTIES, INC. , and THE PUGLIESE CO. , (hereinafter referred to collectively as the Plaintiffs), and the Defendant, , CITY OF DELRAY BEACH, (hereinafter referred to as the Defendant), hereby agree to settle the litigation in the instant case on the terms and conditions as set forth below: 1. The Plaintiffs agree to direct their attorneys to execute and file such documents as may be necessary to terminate any and all proceeàings which have heen commenceà on their hehalf with regard to the approval of a site plan for property consistinq of approximately ten (10) acres located at the Northeast corner of the intersection of Linton Boulevard and Military Trail in the city of Delray Beaoh. ...2_. The Plaintiffs and the Defendant expressly waive any rights to attorneys' fees, costs, or other monetary remuneration from the other party as a part of this settlement. 3. In ooneideration of this Settlement Ac¡råement, the Plaintiffs hereby release, quit, exonerate, and forever discharqe the city of Delray Beach, its officers, employe~s, aqents - and attorneys from any and all claims, demands, and liabilities, whether at law or in equity, arising from or relating to the Plaintiff's application for site plan approval originally 1 ---.-.--- -_.. - submitted and denied by the City of Delray Beach on November 10, 1987. 4. The parties hereto agree that this agreement sets forth the full terms and conditions of any agreement between the parties. 5. The Defendant does hereby agree to approve the Revised site Plan presented to the city Commission of the City of Delray Beaoh, Florida at their meeting of August 23, 1988 through the approval of this Settlement Agreement, subj ect to the following express terms and conditions which are hereby incorporated into this Agreement and made a part of the site Plan approval referenced herein: A. That the site Plan Approval 1s expressly subject to the conditipns set forth in the Planning Director's Memorandum of August 15, 1988, described under the heading "Recommended Action" and being numbered 1 through 6, a copy of which is attached hereto as Exhibit A and incorporated herein, which conditions shall be made a part of the site Plan prior to the time that Building Permits shall be issued by the City. B. That the Plaintiffs agree that there shall be no truck deliveries to any grocery store or oonvenience store I permitted on the site prior to the hour of 6:00 A.M. norl\after, the hour of 10:00 P.M. on each calendar day, and no deliveries I shall be made after 10:00 P.M. nor prior to the hour of 6:00 A.M. to any other establishment on the site that result in any level I of noise that wouldA çonstitute a violation of the Code of ... . I Ordinances of the ci ty of Delray Beach,~ Florida. Further that the Plaintiffs represent that the HVAC units located on the roof of the grocery store buildinq shall be located as far to the front of the building as practicable. C. That the Plaintiffs shall revise at their sole expense the said Site Plan to show, and the Plaintiffs shall subsequently install at their sole cost and expense, a tree line on the North side of the subject property whioh, after one full growing season, will be substantially opaque, along with, if 2 ._, -~-_._.- ..---. - requested by the city, a wall, to be located on the Plaintiff's subject property, as well as II hedge on the North side of the wall, assuming that same are not already existinq or are not otherwise required as a part of the aforementioned site Plan. The hedqe shall be irrigated and maintained by the owner of the property to the north of the wall. D. That the Plaintiffs shall be required to pay in its entirety when appropriate warrants are issued, appropriate siqnalization at the entrance to the Las Verdes Development, provided that such signalization to be located at the Las Verdes development entrance is not otherwise being required, or has not previously been installed by other developers in the area as a part of their approval process, and further that such requirement to install the signalization 1s without prejudice to the Plaintiffs' ability to petition Palm Beach County for an appropriate credi t towards any required Palm Beach county. fair share road impact fees that Plaintiffs might otherwise be required to pay to the County as a result of the development of the subject property. E. That the hours of operation of any grocery store or convenience store located on the subject property shall be limited to an opening time of no earlier than 6:00 A.M. and a closing time of no later than 11:00 P.M. , seven days a week, provided that the Defendant does hereby reserve and the Plaintiffs concur that the Defendant shall have the right to require the reduction of those hours of operation to impose a closlng4 time of 10:00 P.M. anytime in the future upon the Defendant's reasonable determination that conditions exist which I result from the hours of operation of such use or usett that I warrant such an earlier closing time, although" the Plaintiffs ~have the riqht to address the concerns of the Defendant prior to the time that the final action in reducing the closing hour is I taken by the Defendant, and in particular Defendant aqrees to I provide~consideration to~faots Dresented by Plaintiffs that other ( similar businesses in the area have later closinq~times. Prior 3 - to making a determination to impose a 10:00 P.M. closing time on I such business, Defendant shall provide Plaintiffs with notice in - I advance of the pendency of such a consideration and of the specific conditions which Defendant finds objectionable. No determination to reduce closing hours shall be made if Plaintiffs I"cure the objection within ~ days after notice from Defe.ndant. I\.Furthermore, ~he Defendant agrees to give considera~ion to facts I produced by the Plaintiff that such use or uses , full are l.n compliance with the Noise Control Ordinances of the city of I Delray Beach. ^ 6. That t.he revised site plan presented to t.he city cownission at their meeting of August 23, 1988 1s hereby incorporated herein and made a part hereof as if fully set forth in this Settlement Agreement. 7. That this Settlement Agreement shall be submitted by the Plaintiffs to the Circuit Court for its review and approval, with the condition that the court adopt the Settlement Agreement as binding on the parties, and retain jurisdiction over the matter to enforce compliance therewith. Dated this ____ date of , 1988. DELRAY TOWN CENTER BY: SCHMIER AND FEURRING PROPERTIES, INC. .. .. BY: THE PUGLIESE CO. BY: Counsel tor Plaintitts 4 - CITY OF DELRAY BEACH, FLORIDA, Defendant BY; Doak S. Campbell, Mayor Herbert W. A. Thiele, Esq. Attorney for City of Delray Beach Florida Bar No. 261-327 ~ . 5 . EXHIBIT "A" To; Planning anQ ~oning Board Re: ^pproval of Major Modification to Previously Approved site and Development Plan - Albertson's Page 9 RECOMMENDED ACTION: By motlon: Based ~pon consideration of the ten standards for evaluating site and development plan applications, recommend approval of the proposed modification to site and development plan for Delray Town Center subject to the following conditions: l. Platting is required. The plat must contain the entire twenty acres and create two parcels plus providing for dedications, utility easements, and access easements over the eastern portion in favor of the western portion. 2. 'The preliminary plat submission must, in addition to normal submission items, address: a) relocation of overhead power lines; b) preliminary comment from LWDD and SFWMD, às appropriate, regarding the drainage solution; c) a draft of an Amendment to the covenant establishing the buffer along Shadywood; - - - -~---- t 1 ¡ , I . í , , , ; ¡ i . , -, ~ : ~ .~·_:.~t:1t ~ ~.7':.,...,..~~ .........- . .f, -. ~ ~ .. I ~;¡þ,;,;.::---:.~,:~' . .- . " .~, To: Planning anL.. ú....iing Board Re~ . Approval of Major Modification to Previously Approved Site and Development Plan - Albertson's PAge 10 d) formal comment from the County Engineer regarding improvement requirements along Linton which will be imposed for any access permits; e) draft language for the plat's dedication statement; and f) updated, as necessary, plans for improvements to Linton and Military Trail. 3. That the developer be responsible for the following improvements to the street system: a) continuous right-turn lane from along Linton from Military Trail eastward to, and including, the taper lane east of the easterly most access; b) modifications to the most easterly median in Linton . Boulevard in order to accommodate left turn movements into that entry; . c) turn lanes and median cut along Military Trail per the traffic report; . d) the design and financial guara.ntee for the "pea.nut" -- installation shall be by the county (or City) when the need is deemed appropriate by the County Engineer; 4. That the lighting plan (page 5 of 16) reflect standards which do not exceed 251 in height, do not allow for ' spillover onto property to the north, and which have illumination which is below the maximums permitted within the city on private property. 5. That upon construction a contribution. shall be made to the city for beautification of Linton Boulevard and/or Military Tr a i 1- such contribution shall defray the cost of irrig4tinq and landscaping the median on both roadways in accordance with plans developed by the City. Such contributions shall not exceed $10.00 per foot of frontage. Credits may be given aQa!nst this Amount for improvements installed by the developer for such irriQatinq and landscaping of the medians. 6. That there shall be no pole signs (except fpr interior directional and informational signing) on the site and all free-standing signing shall be monument signs. R£F/DJKI27/C:TWNCTRSP.TXT ¡ . . . ! , l , , I J \ ~ \ -1 · · I " I · , ! t . [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 3\ os.",. 1st STREET. SUITE 4 DELRA Y BEACH, HOf 407/243·7090 TELECOPIER 407/2784755 ME!-10RANDUM Date: ..January 9, 1989 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: REVISED RULES AND REGULATIONS FOR THE BOARD OF CONSTRUCTION APPEALS The Board of Construction Appeals has revised their Rules and Regulations in order to conform to the new code sections. The rules, in substance, arc substantially similar to the previous rules adopted by the Board and the City Commission. Pursuant to Section 150.137 of the Code of Ordinances of the City of Delray Beach, the City Commission must approve the revised rules,which are attached hereto. By copy of this memorandum to the City Manager, our office, at the request of the Doard of Construction Appeals, requests that consideration of these rules be placed on the first available City Commission regular agenda f.or approval. 59re SAA:rg Attachment cc: Walter O. Barry, City Manager H. Deane ,Ellis, Chairman, Board of Construction Appeals Anita Barber~ Secretary to the Board of Construction Appeals . ~-_._-- ~, .--.. - .~_. -- ~ ,~ : z · , 5 · ¡ · · ~ " , ~ · ~ ~ ~~ ! \ ì I , · , RULES OF ~HE CI~Y OF DELRAY BEACH BOARD OF CONSTRUCTION APPEALS ARTICLE I: GENERAL GOVERNING RULES: The Board of Construction Appeals (hereinafter referred to as the Board) shall be governed by Chapter 150 of the Code of Ordinances of the City of Delray Beach, as amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. ARTICLE II: SPECIAL GOVERNING RULES: The Board shall also be governed by Chapter 165 of the Code of Ordinances of the City of Delray Beach, as amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. ARTICLE III: OFFICERS: COHHI~TEES: 1- The Board shall elect a Chairman & Vice Chairman annually in the month of March, fpr a term of one ( 1 ) year. [lS0.134(A») 2. The Chairman (or in his absence the Vice Chairman) shall preside at all meetings and hearings of the Board and decide all points of order and' procedure. The Chairman shall appoint any committees which may be found necessary. 3 . The recording secretary shall be designated by the Chief Building Official. The recording secretary shall take and transcribe the minutes of each meeting of the Board and assume all ministerial duties. [lS0.134(B)) (16S.16). ARTICLE IV: l. MEETINGS: The Board shall meet every third Wednesday of March, June, September and December at 5100 PM, unless there is cause to hold an interim meeting pursuant to the requirements as set forth RULES OF PROCEDURE 1 ï . .---- i ! ) ~ . / , / CITY or DELRAY BEACH BOARD OF CONSTRUCTION APPEALS in Chapter [150.135(A) (B)] [165) . 2. SPECIAL MEETINGS: A special meeting may be called by the Chairman subject to compliance with the statutory notice provisions. 3. QUORUM: A quorum shall consist of five ( 5 ) voting members of the Board for all actions. No action of the Board shall be taken on any matter except upon the concurrinq vote of not less than five ( 5 ) voting members of the Board. [150.135(D)] 4. REPRESENTATION: PERSONAL INTEREST: No member of the Board shall appear before the Board or represent before the Board a person in any matter pending before the Board. No member of the Board shall hear or vote upon an appeal or motion for re-hearing in which he is directly or indirectly affected in a financial way. Whenever a member of the Board has a personal, private or professional interest in any matter which comes before the Board, that member shall disclose said conflict before discussion and vote and shall, within fifteen ( 15) days after the vote occurs, file the proper form with the recording secretary of the Board pursuant to the provisions of Chapter 112, Florida Statutes. 5. CONDUCT OF MEETINGS: All meetings shall be open to the public. The Chairman may administer oaths or require the attendance of witnesses and shall administer oaths when hearing appeals pursuant tv Chapter 165. [150.137] [165.39(D)(3)(c»). The order of business at meetings shall be as follows: a) . Roll Call b) . Approval of minutes of previous meetings c) . Reports of committees d) . Unfinished business RULES OF PROCEDURE 2 I í .I , i , ,~ " 1 ; CITY OF DELRAY BEACH BOARD OF CONSTRUCTION APPEALS e ) . Hearing of Appeals f ) . New Business . 6. ADJOURNED MEETINGS: The Board may adjourn a regular meeting if all business cannot be disposed of on the day set, and no further public notice shall be necessary for such a meeting if the time and place of its resumption are stated at the time of adjournment and are not changed prior to its resumption. ARTICLE V: ABSENCES: A Board member's absence from three ( 3 ) consecutive meetings shall constitute an automatic resignation from the Board by such member, unless said absence is due to illness or other extraordinary circumstances. Each Board member shall be responsible for notifying the recording secretary as promptly as possible of any anticipated absence from a Board meeting. Except for automatic resignation from the Board, a Board member may resign by filing a written statement of resignation with the recording secretary of the B~ard. Vacancies on the Board shall be filled pursuant to Section 150.133 of the City of Delray Beach Code of Ordinances, as amended. ARTICLE VI: RIGHTS; POWERS; PRIVILEGES i DUTIES: l. APPEALS: Shall be taken within a reasonable period of time, not to exceed thirty (30) days pursuant to the terms of Section 150.138 and 165.37. 2. HEARINGS: Shall be conducted in accordance with the terms , of Section 150.139 and 165.39. 3. STAY OF PROCEEDINGS: Shall conform to Section 150.140. 4. DECISIONS: Shall be made pursuant to Section 150.141 and/or RULES OF PROCEDURE ~ · { 1 " I · · t · · t t ~ CITY OF DELRAY BEACH BOARD OF CONSTRUCTION APPEALS 165.39(E). 5. PUBLIC NOTICE: Notice of the Public Hearing of the appeal . shall be given in accordance with the City of Delray Beach Code of Ordinances and Florida Statutes. 6. AMENDMENT: An appeal may be amended at any time or from time to time prior to or during the Public Hearing of the appeal, provided that the amendment does not materially alter the appeal as published in the public notice so as to make the public notice of the appeal misleading, or that the amendment does not request a greater variance from the terms of existing ordinances than that requested by the appeal. In the event the amendment makes an appeal misleading or requests a greater variance, as determined by the Chairman of the Board, an amended public notice shall be given. The applicant shall pay any and all additional fees necessary for the re-publication of the pUblic notice. 7. DISMISSAL: An applicant may voluntarily dismiss his or her appeal at any time prior to the commencement of a roll call vote to decide such appeal,· and such dismissal shall be without prejudice. A voluntary dismissal shall be in writing and filed with the recording secretary of the Board, unless announced at the public hearing. ARTICLE VII: HEARING & RE-HEARING: 1- Appeals shall be heard in the order of their filin9~ amended appeals shall have priority according to the date of the amendment and public notice. 2. At the pUblic;hearing, the applicant or any other interested RULES OF PROCEDURE 4 i . þ , , , ; , CITY OF DELRAY BEACH BOARD OF CONSTRUCTION APPEALS parties [in accordance with Section 150.139 and 165.38(2)] may appear on his own behalf or be represented by a designated agent or attorney. If the applicant does not appear on his own behalf at the public hearing, he shall file with the recording secretary of the Board, prior to the public hearing, a statement, made under oath, authorizing such other person or persons to represent him at the public hearing. 3. The order of the hearing shall be: a) . Statement of the appeal by the Chairman b) . Supporting argument by applicant c) . Supporting arguments by other interested parties d) . Opposing arguments by City Officials e ) . Opposing arguments by other interested parties f) . Rebuttal by those supporting appeal g) . Rebuttal by those opposed to the appeal h) . Final rebuttal by applicant Witnesses may be called and factual evidence and exhibits may be presented. The procedures for an appeal lodged pursuant to Chapter 165 shall be governed by Section 165.39(D). The Chairman may establish appropriate time limits for arguments, but such time limits shall be equal for both sides. The Roberts Rules of Order, latest edition, shall be the final authority on all questions of parliamentary procedure. 4. RE-HEARING, An applicant may file a written motion for a re-hearing of any decision rendered by the Board. The motion shall be filed with the Chief Building Official within ten (10) days of the date the decision is rendered. The concurring vote of five ( 5 ) RULES OF PROCEDURE 5 -........ ..._-~,_...- -~. - . ......---. ,. ... .. w.' .,# .. -.. . e· =-...---~~::.~. ...._:....;~ !'"--..-....¿..-- . .., .. . .... ~. . u '. .- . . - . CITY OF DELRAY BEACH BOARD OF CONSTRUCTION APPEALS members of the Board shall be necessary to grant a motion for re-hearing. The motion for re-hearing may be based upon the following grounds: a) . Newly discovered evidence which by due diligence could not have been discovered in time to present at the public hearing. b) . Fraud, misrepresentation or other misconduct of any person who submitted evidence to the Board. c) . Mistake, inadvertence, surprise or excusable neglect. d) . The Board overlooked or misapprehended any material points of law or fact. If the Board grants a motion for re-hearing, public notice of the hearing shall be given at the cost of the applicant. ARTICLE VIII: AMENDMENTS: EFFECTIVE DATE: l. The Rules of Procedure may be amended by the affirmative vote of at least five ( 5 ) members at any meeting or special meeting at which a quorum is present, provided that the proposed amendment has been presented or submitted to the Board membership at least one ( 1 ) week prior to such meeting. 2. These Rules of Procedure shall be reviewed by the Board at least once every year at any regular or special meeting. Recommendations for proposed amendments shall be presented to the Board in writing. 3. The Rules shall become effective fifteen ( 15) days after their approval by the City Commission. RULES OF PROCEDURE 6 c i ~ ~ · · , · , . -æ j " · · f I 1 . . . CITY OF DELRAY BEACH BOARD OF CONSTRUCTION APPEALS These Rules of Procedure were adopted by the Board of Construction Appeals on the 21st day of De~ember, 1988. ¿/a~ ç/.?'Q Chairman, Board of Construction Appeals Approved by the City Commission on the ____ day of , 1989 Hayor, City of Delray Beach Attest RULES OF PROCEDURE 7 J i 1 r · '. I. I · 1 I, . · r , I I 'I, . ! ., \ 1 I · I t f [ITY DF DELRAY BEA[H 100 N.w,1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000 M E M 0 RAN DUM TO: Walter Barry, City Manager FROM: Elizabeth Arnau, City Clerk -; # SUBJECT; Appointment of Clerks and Inspectors for the March 14. 1989. Elect.ion DATE; January 20, 1989 Pursuant to Chapter 34, Section 34.02 of the Code of Ordinances of the City of Delray Beach. Florida, attached is a list of names for Commission approval from which the City Clerk shall make a selection for sufficient clerks and inspectors to conduct the March 14, 1989, election. The City has 18 voting precincts. One clerk and at least five to six inspectors will be needed at each precinct to properly conduct the election. If you have any questions, please do not hesitate to contact me. EA/ajrn THE EFFORT ALWAYS MATTERS .~ ~ -( t ~ ~ ~ ~ ! . i ~.g : , , f J , ! :, , , , , . ~ LAST NAME FIRST NM-IE LAST NAME FIRST Nk~E Alfard Mary R. Ives Helen Barletta Rose Ives Irwin Bellus Shirley Ivy Lemon Bilow Bernice G. Jiggins Agnes Bisogno Alfonso C. John!íon Helen Black William P. Xanir Lilyan B1ieka Anna Xantor Arlene Bradford Regina C. Xantor Harold Brand Dorothy Keen Betty Brooks Dorothy Xellerman Mathilde Brown Mattie C. Kierstein Ann Brown Richard M. Xierstein Leo Brunner Edith Xoenig Wilma Burgess Emily Xopietz Eunice Carow Phil Xopietz Walter Cofman Beatrice Kretsky Ethel Colla Frances Xrowka Eleanor Collins Rollin La Londe George V. Collins Violet C. La Londe Miriam L. Cooper Celia Landy Harriet Danzig Sylvia Laster Iverson Dazey Elaine Leff Herman B. Dearstyne Beatrice I. Legat Delena DeMarco Frances Legat Milton DeMarco Walter J. Levine Edna DeNeen Sara A. Lingblom June DePasquale Frances M. Lobel Marion DePasquale Louis Long Helen Diamond Beatrice Lynch Joseph A. DiCorpo Marie F McManus Margaret Doerr Betty Macy Anthony J. Donshik Pearl Macy June x. Donshik Sidney Malloy Frances Doyne Edith Maus Mary Drazba Margaret M. McCo'mb Patricia Dunn Ethel Morley Barbara Ehle Elsie Neuhoff Edna B. Ehle Otto Nigro Louis Eriksen Juanita Nigro Marie Ewers Mae O'Flynn Thomas Fasati Mrs. Ollmert Lois Feldman Herman Ollmert Richard M. Feldman Lillian Orr Pat E. Ferguson Myron Quaranta Angela Fidel Rina' Papernik Bertha Fine Leanore X. Parisi Annette Flaskamp June Rose Pasquariello Alfred Ford Anne R. Phillips Lillian Fowler Roy W. Pittel Adeline French Evelyn Pluese John French Robert Pluese Mary Frieder Lenore Port Joel Gabel Raymond J. Port Rose Genhold Josephine Portner Victor Goldspiel Ann Prague Burton S. Gonder Ellen Prague Sylvia Z. Gotz Esta Purdy Guy Gotz Louis Purdy Velda Grambow Victoria E. Reale Victor Greenhut Lillian Renuart Adrienne Greenhut William Renuart Firmin Hennessey Dorothy Riegler Henrietta Higgins William L. Rog netty Hoffman Es ther Rosenbaum Albert Hoffman John Rosenbaum Mildred Hoffman Mary K. Rosenberg Jack Howard Esther H. Rosenberg June Howard Rose Rosenzweig Helen Howard William Rosenzweig William Howensteine Hazel Rothberg Edythe Hugh Helen Rothberg Samuel Hughes Ira Royce Betty A. Humphreys Frances M. Royce John A. Rubin Ethel , Sacks Myra Schacher Helen Scherer Mildred M. Schroede 1 Lina Seifert Claire Seliq Joan Sharpe Valeria Shpack Max Silverman Bernard Silverman Ruth Singer Rosemarie Sloan Annie R. Sloan J.N. Smith Joyce Soloway Sidney Spade Florence G. Stackhouse Ben Starr Florence Starr Milton Stitzer Warren W. Stokes Minnie Strompf Rose Stuiber, Jr. William A. Sullivan Terrance Swem Martha Syrop Anne Syrop Leonard Thomas Lenora Vanis Edward Vanis Lillian Vedelli Jo seph Vitale Rose Walsh Mary Walter Martha Wieder Mr. Jean Wieder Rose Wilson Margaret Winer Elaine Wolf Ruth Woodside Herbert Worthing Hallie Defray Beach Police Department m 300 West Atlantic Avenue · Delray Beach, Florida 33444·3666 _ (407) 243·7888 CHARLES KILGORE MEMORANDUM Chief of Police TO: Walter O. Barry, City Manager FROM: Charles Kilgore, Chief of Police DATE: January 17, 1989 SUBJECT: EMERGENCY EQUIPMENT FOR UNMARKED POLICE UNITS In light of growing concerns regarding officer/citizen safety and liability for the City, I am requesting approval for the expenditure of $6,500.00 from the Law Enforcement Trust Fund for the purchase of additional emergency equipment for unmarked police vehicles. As you are aware, this expenditure is unbudgeted and comes due to close examination of current practices. Members of the Investigative Division have been equipped with dashboard mounting blue lights for emergency reponse. Although this complies with Florida Statute 316.126 (blue light ~ siren) we have through General Order 41.2.9 required that b.illl blue light and siren be activated during an emergency response by marked police units. The intent of this order was to further reduce our liability by being more stringent than Florida law requires in our policy. In doing so, we also erase any credibility to a claim by a violator (or any other party) that they were unaware the City car was a police vehicle. The unmarked police vehicles are clearly not intended for high speed pursuits. Investigative Division plainclothes personnel can, however, often act as primary and secondary response units to in-progress calls. Plainclothes officers also often have occasion to effect traffic stops for a variety of reasons and calling for a marked police vehicle to assist in this regard is not always practical. Cost estimate to equip twelve (12) unmarked police vehicles are as follows: $240.00 - siren 120.00 - speaker 35.90 - grill wig wag lights 29.90 - mounting bracket Sl12.99 - installation labor estimate ($28.90 X 4 hours) $527.00 - per vehicle X 12 vehicles · $6,324.99 PARTNERS WITH CITIZENS IN BRINGING THE COMMUNITY TOGETHER -.-. -.-"- .-- ~ .---- - t . r , . , , , ! 7- . ! ~ '. " I 1 ~' r, , , , ! , ( , & . SUBJECT: EMERGENCY EOUIPMENT fQB UNMARKED POLICE UNITS January 17, 1989 Page 2 We presently have an adequate number of portable blue lights in our inventory to equip our vehicles. All of this equipment will be reusable with the only future anticipated expenses related to reinstallation. A total of $6,500.00 drawn from the Law Enforcement Trust Fund would accomplish this purchase of additional emergency warning equipment. Respectfully submitted, r CHARLES KILGORE Chief of Police CK/gb -----..-.-._-- . ._-- ~-~ . , J ~ . . ; t - J , t I ~-_..". MEMORANDUM TO: WALTER O. BARRY - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: CASON COTTAGE MUSEUM - TEMPORARY TENT - - DATE: JANUARY 17, 1989 The Historical Society has requested that the City Commission grant approval for a temporay' tent at their next regular meeting on January 24, 1989. The temporary tent is for the purpose of Cason Cottage Museum's grand opening on January 28, 1989. The tent would be erected for one day only on January 28, 1989. The contractor erecting the tent has obtained all the necessary approvals from the Fire Department and Building Division. , Please schedule this item before the City Commission on January 24, 1989. LB:DQ Plan Ck 1/13/89-4 A:CCTents.124 Lula2 ¡ I . ., . 30 w ,~... WHITE PICKEï FENCE WOOO POLE ::» p-'-o-~ .T;7"""'\~. Z ~ W 0 ~ ~ I 1ft - ___ 'f . Z ~ "'_h_~ ~ " ... , 5 @ t' ..ch 0 0 1 . , ~ . . ~ t- 2 @ 10' each 2 HP"@ 12' each ,.. Z J i-----~- --- _'0 ~ d---.... I I ~c·~:MJ_ ; ~~ - . a: ~ ,UJ , ' ( , . . \ · . . . / · : - J I · - PROPOSED 12' PAVE' <t Ço. M~ · I · . I I\..> 0 · - · '¡I- r~ -b 1ft . . ... ;" Ig WOOD POLES ;" ~ ... ,,- .- EXISTING 11' R/W EX SABA ;) · _-:-- PROPOSED 10 . -' - 131.0 EXISTING RADIUS + N.E. 1 ST STREET + APPROVED I -- -- I I I -~:-...-~... I ; MEMORANDUM TO: WALTER O. BARRY - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: RED CARPET WORLD TRAVEL - TEMPORARY TENT - -- DATE: JANUARY 17, 1989 Ms. Diane Rosacker Ast1er, President, Red Carpet World Travel and Tours, 900 E. Atlantic Avenue, has requested that the City Commission grant approval for a temporay tent at their next regular meeting on January 24, 1989. The temporary tent is for the purpose of celebrating their 20th anniversary on March 15, 1989 from 4:00 pm to 6:00 pm. The tent would be erected for one day only on March 15, 1989. The contractor erecting the tent has obtained all the necessary , approvals from the Fire Department and Building Division. Please schedule this item before the City Commission on January 24, 1989. LB:DQ Plan Ck 12/12/88-4 A:CCTents.124 Lula2 , . 31 MEMORANDUM TO: Walter o. Barry City Manager FROM: Robert A. Barcinski ~ Assistant City Manager for Community Services DATE: January 19, 1989 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING OF JANUARY 24, 1989 DESIGNATION LONG DISTANCE CARRIER - PAY PHONES Action City Commission is requested to designate U. S. Sprint as the long distance carrier for the seventeen pay telephones located at City facilities or in City rights-of-way. Background The last phase of the Federal Court Order in the divestiture of A.T.T. which opened up competition in long distance telephone operations is the designa- tion of a carrier for pay telephones. The City has received ballots for designating the carrier and they are to be completed and submitted by Feb- ruary 1, 1989. The current carrier is Southern Bell. We currently receive approximately $2,000 per year; eight percent of operator-assisted long dis- tance telephone charges. Staff had received and reviewed proposals from twelve carriers. The evalu- ation of carriers was based on quality of service and income, income being secondary due to the small amount received. Some vendors offered points which could be applied to catalogue purchases, others a straight percentage; Recommendation Staff recommends the designation of U. S. Sprint as the long distance carrier for pay telephones. RAB: mId ¡ C -.. , . I -. -....- ... ~_.-.- .. ~ .. " - - ... , ., . ' I . , ! , 3-;, A . It . , M E M 0 RAN DUM TO: Robert A. Barcinski Assistant City Manager for Community Services FROM~RObert E. Savage Director of Fleet and Facility Management DATE: January 18. 1989 SUBJECT: L0N.§....JH 5 TAI-!Ç~_ÇB.RR tf:::.8_F QR_ÇJIY_f~.f~,Y_-E~t!.PN_~ê_ , As perhaps my last official duty relating to the phone system for the City~ I have worked long and hard to ensure that the legacy I create is an enhancement that will serve rather than enslave it's users. The task at hand was to select a long distance carrier to serve the seventeen pay phones operated by the City. At present the carr-ier- is A.T.8( T. which to the best of my knowledge has served us well. I have e~':amined literature and spoken to numerous representatives from competitive long distance carriers and have tried my best to wade through the sales pitch to reach what I believe to be the bottom line. The telecommunications market is fair-ly well regulated by the federal government and as a result~ virtually all of the carriers I have examined have the same characteristics with the possible exception of two. The two are A.T.& T. and U.S. Sprint. Both of these companies are total communications networks in and of themselves. Both have their own lines~ switching networks~ operators~ etc. The other companies all seem to be dependant upon A.T.& T. for the "hardware" end of their business. The result being that they have to lease their lines and equipment f rom A. l' . 8( T. and we the user end up paying more. They offer sign-up incentives and percentage commissions of the long dis- tance charges but in reality~ they are charging the user~ in this case~ the general public~ the e>:tra money that comes back to us. I am not sure that our- role is to achieve maximum income from our- various enterprises but rather to provide the best possible service for the people we serve. With this in mind~ I narrowed the field to the two carriers. Now and only now did the "income" factor enter into the decision making process. A.T.& T. offer-s a commission to the City in the form of percentage points redeem- able in gifts when enough points have been accumulated. U.S. Sprint offers a commission payable in currency directly to the City based upon a percentage of the charges for long distance calls. This in itself was not the deciding factor. I then examined the overall quality of their respective systems as to clarity of transmission. To my surprise~ U.S. Sprint was far- superior to A. T . 8( 1'.. I spoke to a r-epr-esentative from A.T.& T. about the clarity and was told that I had probably just gotten a poor connection but that overall the quality of their service was equal to or superior to any other. I disagree with their C - 1% ØÓ"''-'" ~~ LwJ.A..... :. ep.&-~o~ o.~ 4..~~~ ".'1-1, . RrT,t¡.l- C'~ .A'I'f~ . · . · . -- · I ~-_. -- ... r . ___ .. .. ... w" .. I . ,'- . ' I . , I ; I I 1 I . # assessment and sti 11 am amazed at the quality of transmission with U.S. Sprint long distance. To conclude~ I recommend that the City elect U.S. Spl"'int as it's designated long distance carrier for the seventeen pay phones in our charge. If you have any questions or would like to compare the quality of transmission of thf? two carriers~ call me and I will give you an access code for U.S. Sprint. RES/res \ , cc: Amanda Allen ! . - , ~ -" -,.- ....- .. .. .... --- - '. , - . ' I . , . I , I i " .. I ! ,. ( ~ i: ) i ) r ) , , I t · · I · , s J · t t ~ z £ITV DF DELRAY BEA[H 100 N.w. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243- 7000 MEMORANDUM TO: Walter O. Barry, City Manager FROM: John W. Elliott, Jr., Assistant City Manager/ llanagement services~ DATE: January 19, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 24, 1989 - BID AWARD - BODY WORK REPAIRS Item Before City Commission: City Commission is requested to award a contract fO,r vehicle body work repairs to the low bidder, Dan Burns Oldsmobile, Inc., at an hourly rate of $21.90, and 18% off for parts, for one (1) year, and that the City Manager be authorized to renew contract for two (2) additional one (1) year peri- ods, subject to vendor acceptance, satisfactory performance and if in the best interest of the City. Funds to come from user departments line item for Repair and Upkeep - Automotive. Background: Invitations to bid were mailed to six (6) Delray Beach body shops. Two (2) firms submitted bids. Prior to this bid the City has been paying an average of twenty six (26) to thirty five (35) dollars per hour for re- pairs, without a substantial discount on parts. Bid tabulation attached for your review. Recommendation: Staff recommends award of bid to low bidder, Dan Burns Oldsmobile, Inc., at a hourly rate of $21.90, with 18% off of retail, with funds charged to the user department from line item 33.35 - Repair and Upkeep - Automotive. JWE:sk attachments 3~B THE EFFORT ALWAYS MATTERS i, ) ~ . ì ; . t ì " ¡ , , ! ~- i ) ) ~ ! i , " , t ! i . . . ¡" . M E M 0 RAN DUM TO: Robert A. Barcinski, Assistant City Manager/ Management Services FROM: Ted Glas, Purchasing Director ~~ DATE: December 21, 1988 SUBJECT: Bids on Body Work Repairs - Bid #89-13 '" Invitations to Bid were mailed to six (6) Delray Beach body shops on November 14, 1988. A legal advertisement was placed in the Palm Beach Post on November 18, 1988. Two (2) firms submitted bids for the December 9, 1988 bid opening. A Tabulation of Bids is attached for your review. Following staff analysis and review, it is recommended that the annual contract for vehicle body work repairs be awarded to the low bidder, Dan Burns Oldsmobile, Inc. per their bid; and per the specifications, the City Manager be 'authorized to renew the contract' for two additional one (1) year periods, sUbject to'vendor acceptance, satisfactory pe'rformance, and determination that renewal is in the best interest of the City. Per the Fleet Manager, the City spends approximately $20,000. annuall~ for body work repairs. Per the Budget Office, funding for the service is in the various departments operating budgets (33.35 - Repair & Upkeep- Automotive). I Attachments: Tabulation of Bids Memos from Oirecto~ of Fleet & Facility Management pc Yvonne Kincaide Robert Savage Lee Graham ! , ~ ~ , , t . JJ ¡ t ). t t r ~ . , , ¡ , t r t I r r . M E M 0 RAN DUM TO: Lee Graham Director oi F:isk 1~lan i::ìO elll(~n t FROM~ Robed E. Savaae D1rector of Fleet arId Facilitv t1an¿HJ.:,men t DATE: December' 19. i ';"88 SUBJECl: BPPY _!'.JÇJf~h J;QNIR~Ç] vJllJ-:t D(\I:J , BU¡';':NS, OLOSM..lHH LE 1 have sent a r-ecommendation to Ted Glas fot- the a~'Jard of "-"- cont.ract to Dan Burns Oldsmobile. Inc. f·o" bodv t-eL)¿1] '" fr,;¡r ëd 1 Citv vehicles. As YOLI know. \-Ie have been Da',' inf.3 some verv steep hourly rates and little or no discount on t:ia t- t s +01- OUt- bod \/ repair "10 t- k . This contract locks Dan Burns Oldsmobile into an hOUt-l v "'a te of "21 .90/ t'¡m,I'" ~ and a t)al~ts discount of 18i~ Clff CH ret.:Ü 1 . It stipulates that all es tilTl¿1 tes ¿. r'E- to be c èI 1. cuI c;o tI:> (j Llsinq the Motors Cr'ash Est.imator. and [j"·o....i.dE·s feil OLlt- LlS1no èln indeoendent adjuster to verifv the:' accuracv of i:\rl './ estilTl""te. I, feel that we will be qettinc a bet t£"r- Qualitv rE'Dé:\1" élS thE' 5~IO[j at Dan Burns Oldsmobile. has hiqhl.... cual1+ied technici':1ns and thf.:~ 5te.te of the art equipment. Please advise me .as to the pnJcF.~dur i:' io!' acqu]"ino esti(hate~. in the case of an accJ..dent involvina a non-C1tv vehicle. Do \<1 (~ need to obtain several estimates? Should we implement a Pol icy and Procedure to address this? F:ES/res cc: Ted Glas f / . ¡ ¡ . M E M 0 RAN DUM TO: red Gla.s ,_ . J Purchas>nq _ D> rector ~ROM: RObert E. bavage U1rector 0+ Fleet and Fac.1, 1 i t\¡ r'1anaqemen t DATE: Decembet- 16. 1988 SUBJECT: R,I;ÇQI'1t:'.1£';Hº.B.TIºJ~ fQ.f\Hl'JARi), ,QF ,Et,PDY ,~~º8.,L,,_,BID ".=, , .P8N BUHNS I have r-ev iewed the tabLllation of bids: Bid No. #89-1 :::;. for bodv \"Jot-k repair's and find the bid submitted by Dan Elu n-, s Oldsmobile. Inc. to be very favot-able to the interest of thE' Citv. F'r'iot- to this bid. the City has been pavino an averaoe 0+ $26.00 ( twentv-si:-: dollars) to $35.0Ø (thirty-five dollars) per hour for bocjv r'epa i rs . We have also been pavinq at or near list price +01" all body pat-ts. I am vet-y IT'II..1 c h in favor of en tel" inu 1nto a. contractual agreement with Dan BLlrns Oldsmobile. Inc. fat" all of OLl t- body work repairs. . RES/res .' "'Q ~ 1-4 e n C'\ \,/I ~ "'" N ... ~ I n to: 0 q .... Z ~ ~ 0:: , 0 ~ ~ ~ ~ 0 ~ ~ -< > 9 Sã ~ c ~ n 0 8 ;J;' 1-4 Z Z ~ ;00; i 0 0 "'Q . . tI) 0 ;J;' tI) :r. N ... ~ '": > tI) - ;J;' ~ ~ 0;j1-4 =¡n¡tI) II ~Otl) ~~ ""'~"'Q CI ~ ~ ~ ~~S ~ ~ ~ ~i~ ~c Q ~§! ';""~=~1-4 ~=z ~ a. s.. n 1-4 .. ~.. ~ ;~¡ ~ n 00 !~ ~ ~iSt ~¡~ þooè i 0 i~~ ~S 1-4Þ'C Z en . 1:1I ~ ~I-4C C ~Þ'C .. ~ t'I en Þ'C 3~~ ! ~ ~ Þ'C~I:II Þ'C\,/I . ~ ia _~c"'Q ~ ~ ~~ t < ~ en;ll:! ~ en n z ~þoo en · ~1-4 ~~ gJ Þ'C~8 p~ n g~ ~ C.. t'I - ~en c~þoo ~~~ ë~t'I~ en tI) RcP ~~t'I t'I I' ~ ~j ~~ tl)R~ .. ~.., Þ'C §~ ~ ~. ~ t'" tI). ~nCl 1-4 ~t'l1-4 ~ 1-4"'Q ~U §~f~ t'I~ z~ ~ . ptl) 1:1I 0 C > 0< .., - ë~ § 1:1' o en 1-4~ z . ~~ c en t'" 1:1' > þooè ~ Þ'C - ~ CI .... \,/ID! f S~~ ~1 0 z .... a. Q . Z '< :I en ... It ... en 0 en " " III . ~ co ~ ~ ~ . .... ... "_en .. N N 0- ~ n c .... c: c -~ ~ ... 0 H Q"'C n "'C c . . :s: co ; ~ CIa.., ~ c c ~ n ~ .., III Co¡ ., Co¡ 0 0 n I en Þ-' CI"en · '"d 0 ... .. '< 1II~:r en B ,"C "'C ~ ~ "'" .- " a. "'C · ~ ~ CI = - ~ t'I ~ ., ., . CI .. ,Q en n " ::c ..... .... c: " .... Q :r :r 0 þoo en Q .... ..., Q Q C :z: CI n ""'... e .... \,/I c c ~ n c 'I" n .. ., ., · tI) c: co ~ " Co¡ ,C :s \þ ., .... " c " ...= .... "<OQ 0 ." N - 1:1 · H en B .. · CI ~~ ~ .... " co i c.c .. 1:1I CI It ... C ~ . c ~ en ~ ~ ... Co¡ N N tI) t'I'J n · ... ... '"d ,.. 1'\ "< I . . ~ ~ co D! ., · ~ ~ CI H cn D! C C :r ., " == ~ t'I'J C ." 1 g n G' ., 0 ~ ~ ., ... ;II:! = " .. 1-4 = i g go r t'" ~ tII C · ~ " ." ... ... .... · 1-4 . : I z - · n ~ · QQ QQ . E 0 ;II:! Þ'C ~ == 0 æ MEMORANDUM TO: Walter O. Barry City Manager FROM: Robert A. Barcinski ~ Assistant City Manager for Community Services DATE: January 18, 1989 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, JANUARY 24, 1989 PURCHASE OF COMPUTER EQUIPMENT AUTHORIZATION AND APPROVAL OF FUNDING FOR THE FIRE DEPARTMENT Action City Commission is requested to approve funding for the purchase of IBM PS/2 Model 8550-031 computer equipment with associated equipment and software as listed for the Fire Department in an amount not to exceed $20,000, account number 333-2311-522-60.57. Background City Commission previously designated $75,000 in the 1987 Utility Tax Bond Fund for the acquisition of computer equipment for the Fire Department. The funds, however, were not budgeted in the operating budget. Chief Koen is now requesting authority to purchase IBM PS/2 Model 8550-031 equipment with moni- tors and other associated equipment and software for himself, two assistant chiefs and one secretary. A list of the equipment is compatible with our IBM system 38 mainframe and will allow for interaction with this system. The budget director has reviewed this request and has verified the availability of funds. Recommendation Staff recommends appropriating $20,000 from the Utility Tax Fund to account 333-2311-522-60.57 in the operating budget for the purchase of IBM PS/2 com- puter equipment and software for the Fire Department. RA.B : mld . . --. . I . _0.__._ - ~-.- . ,. _ 0# ~ .. f . ' - . ' I . . I , : 31--- c, .. . , . [IT' DF DELAA' BEA[H :1) 'J :1 1;: ,;.','E·.l.iE ';¡:i..~AÝ -:::';',_- FL0"::¡'DA :J3444 ln~ ':_3 7S00 MEMORANDUM TO: Robert A. Barcinski, Asst., City Manager Management Services Group FROM: William Fleming, Office Automation Analyst~ THRU: Richard Zuccaro, Director of Information ~ - Resource Management;,'(~_ DATE: January 5th, 1989 SUBJECT: Fire Department's Request for Microcomputers I recommend the acquisition of the equipment as outlined on the attached requisition. This equipment is needed to automate the main fire station and has been reviewed and found to meet the specifications outlined in the attached letter from Chief Koen. /WCF cc: file --.. , J_: =~;:,-,,::,,:," AL:::A'Y'; IV1':'TTERS ! . -.. , I . _"",..-ø:- ..........- ... .. .. .".. .-. . -- . ' I . I ~ f I " ~ . DEP ART' 1ENT AL EITY DF CORRESPONDENCE D~~ · , ~y BEA£H TO DICK ZUCCARO, DIR. INFO. RES. MGMT. ~~ FROM KERRY B. KOEN, FIRE CHIEF ,.,..,- PURCHASE OF ADDITIONAL COMPUTERS & ACCESSORIES 11/2/88 SUBJECT :)~ T E We are requesting the purchase of four (4) additional computers, one for each of our two Assistant Fire Chief's, one for an additional Secretary and one to replace a PC Junior used by our Training Officer which is not operating correctly. These purchases are part of our goal to develop a comprehensive information management system for the Fire Department. The next phase of our program will be to network these computers with the System 38 at City Hall to allow access to budget informãtion and personal services. We will then be ready to purchase computers for each of our sub-stations and additional computers for each Fire Inspector and possibly even for one or two mobile units. As you are aware the Fire Department received approval for $75,000 to purchase computer equipment in the Utility Tax Bond. These purchases must be completed by the end of this fiscal year. It is important that we continue toward this objective. I have attached a copy of our current and future goals and objectives for your information. I(~ß.~ ...,. Kerry B. Koen Fire Chief KBK/ew ¡2 ./ - ~vi/ . j./, {;Ä' .¡; . J/~~- _.... ':":0: ThE E:=FORT ALWAYS MATTERS . --. -.,.. , I .,~- - ""'~-" ~... ...-- .~ I ' - , . - I . ! ¡ I ~ . , ( Current Computer Applications The Fire Department currently has eight personal computers which are being used by administrative and clerical personnel. These are being used ~or word processing; budget control; data bases: including rescue and fire information, personnel records, F.L.S.A. files, inventory records, train~ng records, building information files, scott records and a variety of other records; Fire Station Location Analysis program; and Login. Programs being used include: Lotus 1-2-3, Visiword Plus, Displaywrite 4, IBM Filing Assistant, IBM Reporting Assistant, Login, and Fire Router. Future Applications OBJECTIVES: The fire department will begin to develop an automated, comprehensive management information system: to expand present data bases for more thorough analysis, to minimize correspondence and report preparation time; to maximize communication opportunities between fire stations; to establish information exchanges and problem solving and innovation networks. Establish a network with the City Hall System 38 to allow access to budget information and personnel "records, personal services program etc. Place computers on fire department apparatus to allow access to hazardous materials informatioÄ' building information etc. Interface with International ssoc. of Fire Chief's - National Bulletin Board which is currently using Apple technology and other National Bulletin Boards and Data Bases. ACTIVITY Improve the present information system through networking and to provide analysis of fire and EMS reports; on-line hazardous materials reference library; fire inspection report generation and direct electronic file entry; inter-station administrative network (Electronic Mai I ) ; scheduling analysis; on-line search capability for state mandated "right-to-know1t materials; equipment deployment analysis. PURCHASING The fire department will have to purchase more PC's, modems, printers and software to accomplish these goals. We need to provide PC's at each Fire Station and for each Fire Inspector. . ( --.. . I -!"'"" .... .-.. ~ ~ .,- . , - . ' I . I ; I . " , C I T Y COM MIS S ION DOC U MEN TAT ION TO: WALTER o. BARRY, CITY MANAGER ~ VIA: FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP Qa-Jj j¿ve+ . FROM: D ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 24, 1989 AGENDA ITEM ** CONSENT ITEM ** CONTRACT MODIFICATION FOR TRAFFIC ELEMENT SERVICES ACTION REQUESTED OF THE COMMISSION: The action requested of the Conunission is that of approval of a modification to an existing contract with Walter H. Keller, Jr. , for Traffic Engineering Services. BACKGROUND: Walter Keller was retained in 1986/87 for preparation of the City's Traffic Element. His work was essentially completed under the approved scope-of-work in late 1987. Since that time events have overtaken some of the base data. In order to have our Plan document be consistent with the more current data in other elements, it is appropriate that an update be made. In addition, since 1987, additional directives have been issued by D.C.A. with respect to Traffic Elements. Finally, some local ,situations have necessitated additional review of traffic needs (e.g. implications of not having Swinton function at four lanes). Attached is a proposed modification (prepared by Keller). It is in the same format as a previously approved modification. Funding is available in the consulting line item of the Planning and Zoning Department -- allocations were made for just this sort of occurrence. : , . . -,. ~ ~- .. < -.. ... .. ~ , . ' . , I 3Z-l> II¡ . City Commission Documentation Meeting of January 24, 1989 Re: Contract Modification For Traffic Element Services Page 2 RECOMMENDED ACTION: By motion, approval of the proposed modification to the Traffic Consulting Services Contract which the City has with Walter Keller and, upon approval as to form, authorization for execution of the contract by the Mayor. Attachment: - proposed contract REF/DJK#31/CCKELLER.TXT ! : . --.... I -.' ~, . -- .. ~ ~. f . ' . . ¡ , ~ . REVISION OF CONTRACT The agreement, "Contract for Professional Services", entered into between the City of Delray Beach, Florida, hereinafter referred to as the City, and Walter H. Keller, Jr., Inc., hereinafter referred to as the consultant, on July 18, 1986 and modified by both parties on , 1987 is hereby revised this _ day of January, 1989 as provided herein. 1. Walter H. Keller, Jr., Inc., and the City amend their agreement of July 18, 1986 to include the perfonnance of work covered under Exhibit "E", "Scope of Work Revisions - Delray Beach Traffic Circulation Element". Exhibit "E" is attached and is expressly incorporated herein. 2. Walter H. Keller, Jr., Inc., and the City amend their agreement of July 18, 1986 to include a method of compensation for the additional services requested in Exhibit "E". The City agrees to compensate the Consultant for all services identified in Exhibit "E"a lump sum amount, not to exceed SEVEN THOUSAND SEVEN HUNDRED DOLLARS ($7,700.00). The lump sum amount is based on the estimated fee for each of the four tasks identified in Exhibit "E" as follows: Task 1: No charge (included in current contract) Task 2: $700.00 Task 3: $ 4,000.00 Task 4: $ 3,000.00 3. The consultant will provide the additional services specified in Exhibit "E" within six weeks after contract approval and receipt of City input on land use data and network revisions. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this day of , 1989. Signed, sealed and delivered in the presence of : Attest: CITY COUNCIL OF THE CITY OF DELRA Y BEACH, FLORIDA By: City Oerk Doak S. Campbell, III, Mayor Approved as to fonn and correctness: City Attorney 1 ( ...-.. ~ 4 - -- -, - . . ... ,,- .. . - . - , . ; I : I It W ALTER H. KELLER, JR., INC. Witness By: Witness WaIter H. Keller. Jr.. President State of Florida County of Broward I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgments, personally appeared , known to me to be the person described in and who executed the foregoing instrument as , a corporation organized under the laws of the State of Florida. He acknowledged before me that he executed the foregoing instrument as such an officer in the name and on behalf of the corporation, and that he also affixed thereto the official seal of the corporation. SWORN TO and SUBSCRmED before me this _ day of .1989. Notary Public (Seal) My Commission Expires: 2 : . - , ! .-- ....,.- -.. -. .. ..... . -. - I . - . ' I . f 1 I I . . Exhibit "E" Scope of Work Revisions - Delray Beach Traffic Circulation Element This scope of work is based on David Kovacs, Director of Delray Beach Planning Department, letter of December 12, 1988 to Walter Keller and a list of items numbered 1 thru 41 (five pages) prepared by David Kovacs on December 11, 1988 attached to the letter. This scope is also based on discussions and meetings between David Kovacs, Geny Church and Walter Keller in December 1988 and January 1989. Task 1 - Update June 1987 Draft Traffic Circulation Element The consultant will modify the June 1987 Draft Traffic Circulation Element to include revisions to the traffic circulation network based on the Planning and Zoning Board review and City staff comments. All traffic circulation maps will be revised to incorporate network revisions. The consultant will also conven the Traffic Circulation Element text and tables to the Apple Macintosh System. Task 2 - Update Traffic Circulation Data Base The consultant will modify portions of the Draft Element existing conditions analysis from 1986 to 1988 conditions. The following tables and figures will be revised as pan of this task: Tables 11-4, 11-6 and 11-8; Figures II-5 and II~6. Task 3 - Prepare Additional Traffic Assignments The consultant will prepare additional traffic assignments using the QRS-II traffic assignment model. The consultant will prepare an initial traffic assignment using the current network information and land use forecasts for the City. The consultant will incorporate special generators and other considerations to enable the traffic assignment to represent future traffic conditions. The consultant will also prepare a traffic assignment addressing deletion and or restriction of Swinton to two lanes nonh of SW 10th and Atlantic A venue. The consultant will also use 1995 for the interim year traffic assignment. Task 4 - Additional Scope of Work Revisions This task addresses additional work as detailed in David Kovacs letter of December 12, 1988 to Walter Keller. The consultant will incorporate items addressed in the letter into the Traffic Circulation Element. Included in this task will be incorporation of the need for building setbacks on major streets, assessment of the adequacy of current subdivision and street development standards, review of thoroughfare protection, review of median design standards and access controls, review of traffic impact fee programs, review of City Subdivision terminology and other traffic circulation considerations as contained in City regulations. The consultant will also review and comment on the Draft Traffic Circulation Goals and Objectives. The consultant will also incorporate updated system and network information into the Traffic Circulation Element as provided in the December 12, 1988 letter. : -, ~. I . ......- "'p".. -... ........,,- . ,- . ' I . , I , It . ~ [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE )IllS,! ¡,",IR\!i\\1111 DIII{\) \<1 \i Ii '! 'IKID \ ,~q>-,_1 ~\I'" 2J~. "'19/1 fll!«Jt)i: R"¡I'" ~-'-....;- ~ ME..~OP..ANDUM Date: January 18, 1989 To: David Kovacs, Planning Directcr From: Susan A. Ruby, Assistant City Attorney Subject: KELLER CONTRACT I have reviewed the revision of contract submitted by W&lter H. Keller, Jr. , Inc. and would recommend that an additional paragraph be inserted which states "All other terms' and conditions of the contract af 198 rema.in in full force and effect unless expressly contrary to the conditions stated in this revision of contract." Otherwise, the document is legally sufficient as to form. ~ SAR:rg RECEIVED . JAN 1 8 1989 PLANNI -' ! . -. ~ ~ . --" -." .. ...-.-. .. ... .,.. . I '. - - "., . I . , I , I k r - ..