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02-14-89Regular .' - CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION February 14, 1989 7 P.M. AGENDA Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Proclamations: A. Pythias Founders Day Boynton-Delray Lodge '206 -February 19th B. Pythias Founders Day Atlantic Lodge #217 - February 19th C. Calling for Election - March 14, 1989. D. "Surveyors Week" - February 19th through February 25th PUBLIC HEARINGS ,-, 5. ORDINANCE NO. 4-89: An Ordinance amending Ch&pter 70 "Traffic Regulations" of the Code of Ordinances prohibiting certain trucks or trailers on Atlantic Avenue between Swinton Avenue on the west and southbound U. S. Highway No. 1 IN.E./S.E.5th Avenue) on the east. PROCEDURAL ITEMS 6. Comments and Inquiries on Non-Agenda Items from the Public. 7. Agenda approval. Action: Motion to approve. 8. Approval of minutes of Special Meeting of January 31, 1989 and Regular Meetings of January 10, 1989 and January 24, 1989. FIRST READINGS 9. ORDINANCE NO. 8-89 REZONING RE UEST - An Ordinance execut ngC ty n t ated rezon ng on property the west side of S.W. 8th Avenue, between S.W. 4th and S.W. 7th Streets, extended westward from R-1A to RM to accommodate construction of low to moderate income housing units. If passed Public Hearing February 28th. 10. ORDINANCE NO. 9-89 REZONING An Ordinance rezoning property on the east and west s es 0 AA Ocean Boulevard between the Atlantic Ocean and the Intracoastal Waterway contiguous to Highland Beach from RM-15 to SAD. If passed Public Hearing February 28th. " 11. ORDINANCE NO. 10-89 REZONING - ENCLAVE 24: An Ordinance executing City initiated rezoning of eight areas in Enclave 24 from R-1A to ~-6 IYake), R-1A to R-1A-C lLot 18, Block E, La Hacienda), R-1A to RM-6 ILot 4, Block C, La Hacienda), GC to RM-6 INitschke), R-1A to RM-6 ICosta Del Oro), LI to GC lLots 8 & 9, Block 1, Kenmont), R-1A to R-1A-C I South of Bond Way), R-1A to CF lLots B,C,D, & E, Kenmont). If passed Public Hearing February 28th. SECOND READING 12. ORDINANCE NO. 2-89: An Ordinance rezoning the Dorson property which is the vacant land around the shopping center located at the southwest corner of Congress Avenue and Lake Ida Road from ART and ACT to POCo REGULAR AGENDA 13. CONDITIONAL USE ICU 6-283): Conditional Use and attendant site plan for Mayfair Animal Hospital for a veterinarian use located on the east side of S.E. 6th Avenue, between S.E. 5th Street and S.E. 6th Street. IN CONSTRUCTION OF 1ST STREET STORM DRAINAGE of Chamber of Commerce request for a 90 ay this project. 15. CITY OFFER TO UNISYS FOR COMPUTER SETTLEMENT: Consideration of response from Unisys to City Attorney involving repayment of City costs for Police computer hardware and software. 16. APPROVAL OF WARRANTY DEED LANGUAGE - OLD SCHOOL S UARE: Consider revision of reverter clause language conta ned Warranty Deed from the Palm Beach County School Board. 17. APPROVAL OF INTERIM OR SHORT TERM CAPITAL PROGRAMS PROJECTS AND FINANCING MECHANISMS: Cons der proJects to be included in an inter fiancing package. 18. APPROVAL OF CAPITAL PROGRAMS: la) East Atlantic Avenue approval of extension to Intracostal Waterway, selection of an appropriate tree mix, and authorize prepurchase of trees. ? lb) Acquisition of property Lake Ida and Roosevelt. 19. SITE PLAN APPROVAL- PIER 1 IMPORTS: Approval of site plan for construction of a 10,000 square foot Pier 1 Shop located on the east side of Federal Highway, between Dumar Plaza and South Delray Shopping Center. 20. WAIVER OF DEFINITION OF FAMILY: Consider waiver of Chapter 173, Section 173.001, Section 2 regarding definition of family. 21. DELRAY AFFAIR: Approval of special events permit; partial waiver of charges for City services lovertime) and; waiver of hold harmless provisions of permit. 22. REQUEST FOR FONDS- ATLANTIC HIGH SCHOOL PROJECT GRADUATION: Consideration of request for $3,000 to support Atlantic High School's "alcohol free" graduation activities. 23. APPEAL OF PERMIT REVIEW COMMITTEE DECISION RE. LANDLORD PERMIT: Consider setting hearing date to hear Mr. Sadaqat Jaweed's appeal of Committee's denial. 24. DIRECTION FROM COMMISSION RE: Finance Advisor Services. CONSENT AGENDA 25. APPOINTMENT OF REPRESENTATIVE FOR LOGIC AND ACCURACY IL&A) TESTING OF AUTOMATIC TABULATING E UIPMENT AND CANVASSING BOARD : Cons der appo ntment 0 e W nchester, Superv sor of Elect ons as , , representative for the testing of the automatic tabulating equipment and as an additional member of the City's Canvassing Board. 26. DENIAL OF TAMEKA JONES OFFER TO SETTLE A CLAIM: Settlement offer in the amount of $100,000. 27. DENIAL MR; & MRS. WALTER SEROCKI ' S OFFER TO SETTLE A CLAIM: Settlement offer in the amount of $60,000. 28. RE UEST FOR ADMINISTRATIVE RELIEF - Consider request for ten (10) compact auto spaces long-term parking. 29. RE UEST FOR PAYMENT- WEST ATLANTIC AVENUE RENAISSANCE PROJECT: Approval of payment to Dr. James J. Varda s n the amount 0 6,750 for services rendered on the West Atlantic Avenue Renaissance Project and appropriate the same amount from the Law Enforcement Trust Fund. 30. AMENDMENT NO. 2 ENGINEERING SERVICES AGREEMENT: This is an amendment to an agreement with Barker, Osha and Anderson to provide additional services totalling $35,747.49 related to the City's Master Storm Drainage plan for the downtown area. 31. HOLD HARMLESS AGREEMENT- DELRAY MALL: Approval of Hold Harmless Agreement to use Delray Beach Mall as a polling place. 32. APPROVAL OF IORIGINAL) TENNIS CENTER LEASE AGREEMENT: Approval of an agreement with the original language proposed by Palm Beach County between the City and Palm Beach County. 33. ACCEPTANCE OF UTILITY EASEMENT - LOT 425 TROPIC ISLE 3RD SECTION: Acceptance of a six foot easement for t e purpose 0 installing storm drainage. 34. ACCEPTANCE OF UTILITY EASEMENT - LOT 426, TROPIC ISLE, _3RD SECTION: Acceptance of a six foot easement for the purpose of installing storm drainage. 35. ACCEPTANCE OF UTILITY EASEMENT - LOT 358 TROPIC ISLE 3RD SECTION: Acceptance of a s x foot easement for the purpose 0 installing storm drainage. ? 36. ACCEPTANCE OF UTILITY EASEMENT- LIFT STATION 101: Acceptance of a 20 foot easement as stipulated in the purchase contract with R.S.S. Properties, Inc. 37. EXECUTION OF QUIT CLAIM DEED- FOREST ROAD ABANDONMENT: To clarify and correct the legal description contained in Resolution No. 67-88 between the City and Sherwood Park Golf, Inc.. 38. CHANGE ORDER NO. 2 LINTON BOULEVARD BEAUTIFICATION: Decrease in contract of $2,340.00 for landscape materials. 39. CHANGE ORDER NO. 1 TRAFFIC IMPROVEMENTS- DIXIE BOULEVARD AT NORTH SWINTON: Increase of 749.00 to remove and replace broken s ewalk. 40. CHANGE ORDER NO. 1 GOLF COURSE RENOVATIONS: Increase contract by $18,596.64' for the purchase of three new irrigation pumps for renovation of the golf course pump house with funding to come from Accounts 445-4711-572-33.39 1$15,000) and 445-4711-572-33.11 1$3,596.64) . 41. CHANGE ORDER NO. 1 MEDIAN CURBING - HOMEWOOD BOULEVARD BETWEEN LOWSON AND LINTON BOULEVARDS: Approve Change Order No. n the amount of $496.00 for installation of 62 lineal feet of additional curbing needed to meet field conditions. 42. 7TH ANNUAL ALL- AMERICAN SOAP BOX DERBY: Approve use of Linton Boulevard Bridge on Sunday, June 18th; Saturday, June 24th; and if necessary Sunday, June 25th lrain date) from 7:00 a.m. to 5:00 p.m. for soap box derby practice and race. , , 43. ATLANTIC HIGH SCHOOL EAGLE-ETTES REQUEST: This is a request for approval to pay $2,500 budgeted in the Commission's Special Events Account to offset the Eagle-ettes competition expense. 44. RESOLUTION NO. 5-89: Abating an unsafe building located within the City. 45. RESOLUTION 7-89: Formal commitment by the City of Delray Beach to finance, construct and complete a pUblic parking facility in downtown De1ray Beach with assistance from the Downtown Development Authority, the Community Redevelopment Agency, and the private enterprise. 46. EXPANSION OF DDA BOUNDARIES: Recommendation to expand DDA boundaries per workshop meeting February 7th. 46A. RESOLUTION 6-89: Ratification of Resolution 47-87 expnading the Community Redevelopment Agency's area along North Federal Highway. 47. AWARD OF BIDS AND CONTRACTS: A. Housing Rehabilitation Contract Awards with funding to come from Account ,118-1063-554-60.23 Community Development Housing Rehabilitation Capital Outlay: Darryl Cook - 126 S.W. 4th Avenue- $16,288 Henry Haywood- 302 N.W. 12th Avenue- $17,545 Preston Construction - 133 S.W. 3rd Avenue- $8,599.50 B. Award Bid for ten trucks. Amount and funding accounts provided below. 1. Dennis Fronrath Chevrolet: One (1) replacement 3/4 Ton, crew cab with utility body and lift gate- 15,896.18 for Account 001-3141-541-60.84 (Streets Department) One (1) replacement 3/4 Ton, crew cab with lift gate- $14,446.18 from Account 001-3113-541~60.84 (Streets Department) , 2. Bill Wallace Ford: Four (4) replacements and two (2) new 3/4 Ton Pick-up with lift gate and utility body - total $80,237.94. Account 441-5141-536.60.84 (4 vehicles, Wastewater Collection) and 441-5123-536-60.84 12 vehicles, Water Distribution) One (1) replacement 3/4 Ton Service- $17,375.69 from Account 333-2311-522-60.84 lFire) One (1) replacement One Ton with Contractor dump body- $14,584.03 from Account 001-3113-541-60.84 lStreets) C. Award of Bid to low bidder Jones Chemical, Inc. in the amount of $80,000 for approximately 350 tons of liquid chlorine. Funding from Water Treatment Operation Supplies account 441-5122-536-35.15. D. Award of Bid for Comprehensive Beautification Plan in the amount, of $599,802.87 I five landscaping and three irrigation bids); Funding to come from Account 333-4141-572-61.15. 1. West Atlantic Avenue lSwinton to 1-95) Landscaping _ Tuttle's Nursery - $60,949.63 2. West Atlantic Avenue/I-95 Interchange Landscaping _ Tuttle's Nursery - $121,607.90 3. Linton Boulevard/I-95 Interchange Landscaping - Tuttle's Nursery - $107,193. 4. East Linton Boulevard lA1A to 1-95) Landscaping- Tuttle's Nursery - $49,946.50 5. South Federal Highway lBetween Linton & C-15 Canal) Landscaping- Tuttle's Nursery - $107,248. 6. East Linton Boulevard Irrigation- R & D Irrigation, Inc. - $37,000 7. Linton Boulevard/I-95 Interchange Irrigation - All Green Lawn Sprink1ers- $71,156.09 8. West Atlantic Avenue/I-95 Interchange Irrigation - All Green Lawn Sprinklers - $44,701.75 48. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager '. ? " - [ITY DF DELHA' BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 STAFF MEETING AGENDA, February 15, 1989, 9:00 a.m. 1. February 14th Agenda review. 2. Orientation for three City Commission Candidates. 3. 1990 Census Coordination. ~ JJ~, ~~-L .J",) 45~ l>50 ~;~ -' THE EFFORT ALWAYS MATTERS [ITY DF. DELRR' BEREH 100 NVi 1S1 AVENUE DELRAY BEACH FLORIDA 33444 . 305127B.2841 PROCLAMA TlON BOYNTON-DELRAY LODGE '206 KNIGHTS OF PYTHIAS WHEREAS , on February 19, 1864, the Order Knights of Pythias was founded by Justus H. Rathbone of Deerfield, New York; and, WHEREAS, amid all the strife, suffering and turmoil which prevailed during the Civil War, Mr. Rathbone, a Federal civil servant, recognized a crying need for an organization whose cardinal principles would be "Toleration in religion, Obedience to law and Loyalty to government"; and, . WHEREAS, when President Abraham Lincoln learned of .'he Order's Rituals and Teachings, he heartily endorsed them and advised the fledgling Knights of Pythias to apply to the United States Congress for a charter and establish itself nationally; and, , . WHEREAS, on May 5, 1870, the Supreme Lodge, Knights of Pythias was incorporated by Congressional Enactment and thus became the first fraternal order in the United States to be so chartered; and, WHEREAS, to this day, there are Pythian lodges through- out the United States and in parts of Canada. In adhering to the practice of Friendship, Charity and Benevolence, the Knights of Pythias has constantly been involved in civic and community activities, supporting Little Leagues, extending charity and moral assistance to the needy, handicapped and underprivileged, and expanding the furtherance of education through its scholarship programs, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of De1ray Beach, Florida, do hereby proclaim the day of February 19, 1989, as "PYTHIAN FOUNDERS DAY" in De1ray Beach, Florida, in recognition of this milestone in the Order Knights of Pythias. '. " /.1-' > IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of De1ray Beach, Florida, to be affixed ,this 14th day of February, 1989. - MAYOR DOAK S. CAMPBELL SEAL l/-A EITY DF DElARY BEREN 100 NW '51 AVENUE . DEL8AY BEACH, FLORIDA 33444 305/278,2841 PROCLAMA TION ATLANTIC LODGE #217 KNIGHTS OF PYTHIAS WHEREAS, on February 19, 1864, the Order Knights of Pythias was founded by Justus H. Rathbone of Deerfie1d, New York; and, WHEREAS, amid all the strife, suffering and turmoil which prevailed during the Civil War, Mr. Rathbone, a Federal civil servant, recognized a crying need for an organization whose cardinal principles would be "Toleration in religion, Obedienc& to law and Loyalty to government"; and, , WHEREAS, when President Abraham Lincoln learned of Uhe Order's Rituals and Teachings, he heartily endorsed them and advised the fledgling Knights of Pythias to apply to the United States Congress for a charter and establish itself nationally; and, WHEREAS, on May 5, 1870, the Supreme Lodge, Knights of Pythias was incorporated by Congressional Enactment and thus became the first fraternal order in the United States to be so chartered; and, WHEREAS, to this day, there are Pythian lodges through- out the United States and in parts of Canada. In adhering to the practice of Friendship, Charity and Benevolence, the Knights of Pythias has constantly been involved in civic and community activities, supporting Little Leagues, extending charity and moral assistance to the needy, handicapped and underprivileged, and expanding the furtherance of education through its scholarship programs, NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of De1ray Beach, Florida, do hereby proclaim the day of February 19, 1989, as "PYTHIAN FOUNDERS DAY" in De1ray Beach, Florida, in,~ecognition of this milestone in the Order Knights of Pythias. ,'/ IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 14th day of February, 1989. MAYOR DOAK S. CAMPBELLp SEAL 'fB .;.,~~ :~ EITY DF ,DElARY BEREH ,.. ~ , .. f":;'1 , '~, "4 '-~ '00 NW, 1st AVENUE DELAAY BEACH FL0~!DA 33444 :':'15' 2"S.2e4' PROCLAMA TlON WHEREAS, the Charter of the City of De1ray Beach, Florida, provides for the calling of a first nonpartisan election for the pUrpose of electing officers of the Ci ty and such other purposes as the Commission may prescribe; and, WHEREAS, pursuant to said Charter provisions, it is provided that a first nonpartisan election shall be held on the second Tuesday in March of each year, NOW, THEREFORE, I, DOAK S. CAMPBELL, III, Mayor of the City of De1ray Beach, Florida, do hereby call for such nonpartisan election to be held on Tuesday, March 14, 1989, between the hours of 7:00 A.M. and 7:00 P.M., with all the Precincts and Polling Places in the City of De1ray Beach, Florida, as designated by the Supervisor of Elections for Palm Beach County, Florida being as follows: Precinct No. POLLING PLACE 166 & 166A Old De1ray Beach Elementary School, 51 N. Swinton Ave. 166B Pines of Delray N. Clubhouse, 1641 N.W. 18th Avenue 166C Country Manor Clubhouse, 4900 Country Manors Boulevard 170 St. Vincent Ferrer's Church, 740 Palm Trail 171 & 176A Community Center, 50 N.W. 1st Avenue 171A Fire Station #4, Corner Barwick Road and Lake tda Road 172 Pompey Park Recreation Center, 1101 N.W. 2nd Street 173 Carver Middle School, 301 S.W. 14th Avenue 174 & 176 De1ray Beach Mall, 1640 South Federal Highway 174A News & Sun Sentinel Co., 3333 S. Congress Avenue 175 Lions Club, 115 S.E. 4th Avenue 178 Boca Raton-De1ray Beach Gold Coast Church of Christ, 640 Bluebird Drive 179 Pines of De1ray Clubhouse, 2451 Black Olive Boulevard 189 & 190 Adult Recreation Center, 801 N.E. 1st Street All qualified electors of the City of Delray Beach, Florida, shall be qualified to vote in such election. IN WITNESS WHEREOF, I have hereunto Set my hand and caused the Seal of the City of De1ray Beach, Florida, to be affixed this 14th day of February, 1989. - , r " MAYOR DOAK S. CAMPBELL, III SEAL ~ iF" ,. :- . ,,,. [ITY DF DElAAY BEAEH 100 N,W, In AVENUE oELRAY BEACH, FLORIDA 33444 407/243.7000 PROCLAMA TION WHEREAS, the people of De1ray Beach recognize the valuable contributions of the surveying profession to history, development and quality of life in Florida and the United States of America; and, WHEREAS, the surveying profession requires special education, training, experience and knowledge of the principles of mathematics, the related physical and applied sciences and re- quirements of law for adequate evidence; and, .. , WHEREAS, surveyors are uniquely qualified and licen'sed to determine and describe land and water boundaries for .'the management of our natural resources and protection of private property rights; and, WHEREAS, a resolution of the Congress of the United States authorizes the week beginning on February 19, 1989 as "National Surveyors Week"; NOW, THEREFORE, I DOAK S., CAMPBELL, Mayor of the Ci ty of Delray Beach, Florida, do hereby proclaim February 19 _ 25, 1989 as .' "SURVEYORS WEEK" in Delray Beach and call upon all our citizens to obServe such week with appropriate ceremonies and activities paying tribute to prOfessional surveyors and their contributions to the people of Florida. - IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 14th day of February, 1989. . MAYOR . . /' DOAX S. CAMPBELL 1:/ ",' SEAL Iff} i ORDINANCE NO. 4-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRLRAY BEACH. FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE"; BY AMENDING CHAPTER 70, TRAFFIC REGULATIONS, GENF.RAL PROVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OP DELRAY BEACH; BY EN}lCTING A NEW SECTION 70.02, "TRUCK AND TRAILER PROHIBITION ON CERTAIN PORTIONS OF ATLANTIC AVENUE"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.LOWS: Section 1. That Ti t1e VII, "Traffic Code", Chapter 70, "Traffic Regulations", " General Provisions", of the Code of ordinances of the City of De1ray Beach, Florida, be and the same is hereby, amended by enacting a new Section 70.02, "Truck and Trailer Prohibition on Certain Portions of Atlantic Avenue", to read as follows: No trucks or trailers (except such vehicles providing emergen- cy services or performing governmental service on behalf of the City, Palm BeaGh County, or the State of Florida) shall be permitted at any time on Atlantic Avenue between Swinton Avenue on the west and southbound U.S. Highway No. 1 IN.E./S.E. 5th Avenue) on the east. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall became effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ' 1989. MAYOR A'l"l'EST. , .., . / .F. City Clerk First Reading Januarv 24. 1989 Second Reading ~ . " ~ ORDINANCE NO. 8-89 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 RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20. TOWNSHIP 46 SOUTH, RANGE 43 EAST. DELRAY BEACH. PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON . THE WEST SIDE OF S.W. 8TH AVENUE. BETWEEN S.W. 4TH STREET AND S.W. 7TH STREET, IF THESE STREETS ARE EXTENDED WEST- WARD. 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 De1ray Beach, Florida, is hereby rezoned and placed in the RM (Medium to Medium High Density Dwelling) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Beginning at the intersection of the South . right-of-way of S.W. 4th Street and the West right-of-way of S.W. 12th Avenue and follow- ing the projection of said West right-of-way to the North right-of-way of S.W. 6th Avenue; thence continuing Eastward along said North right-of-way to the West right-of-way of S.W. 8th Avenue; thence Northward along said West right-of-way to the South right-of-way of S.W. 4th Street; thence continuing Westward along said South right-of-way line to the Point of Beginning, excluding a portion of Lot 25. of the Subdivision of Section 20, Township 46 South, Range 43 East, according to the Plat thereof, recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: The North 295.20 feet of the South 320.20 feet (as measured paral- lel with the East line of Lot 25) of the West 295.20 feet of the East 320.20 feet (as measured parallel,wlth the South line of Lot 25) of Lot 25, ,~ubdivision of Section 20. Township 46 Soutb, Range 43 East, Delray Beach. Florida; containing 18 acres, more or less; TOGETHER WITH: The East Half (E 1/2) of the West Half (W 1/2) of Lot 26, Subdivision of Section 20. Township 46 South. Range 43 East, Palm Beach County, Florida, LESS the Easterly 67.46 feet as in Official Record Book 3849. Page 1806; containins 4.79 acres, more or less. q , 1 , The subject property is located on the west side of S.W. 8th Avenue. between S.W. 4th Street and S. W. 7th Street. if these streets are extended westward. The above described parcel contains a 22.79 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 De1ray 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. 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 . , I ,. - 2 - Ord. No. 8-89 MEMORANDUM TO: Walter o. Barry, CitY~ .~ FROM: Frank Spence, Development Services Director SUBJECT: AUBURN TRACE REZONING, R-1A TO RM DATE: February 9, 1989 BACKGROUND: This rezoning was initiated by the City Commission in December 1988, concurrent with selection of the Auburn Trace Joint Venture as the developer of a proposed affordable housing development. This zoning involves 22.79 acres. Upon enactment, the total area of the proposed project 138 acres) will be zoned RM. The proposed zoning allows development in the range of seven to ten units per acre. The Auburn Trace development proposal is in the range of seven units per acre. - PLANNING & ZONING BOARD RECOMMENDATION: At it's meeting of January 23, 1989, the Planning and Zoning Board held a public hearing on this item. There was no public comment. The Board noted that the request was consistent with the Land Use map and that they had recommended approval of this zoning designation previously. They then, unanimously, recommended approval of the rezoning. RECOMMENDED ACTION: Approve the enacting ordinance on first reading and establish February 28, 1989 as the date for public hearing and second reading. A complete copy of the Planning and Zoning staff report is available for review in the City Manager's office. FS:cl - f~ y PLANNING a 70NING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- tEET ING D=lTE: January 23, 1989 F13eo:1 ITEM: III. A. ITEM: AUBUllN TRACE REZONING, R-1A TO RH , GENERAL DATA: . Owner...........................Cltyof Delray Beach COntr.ct Purcb...r..............Auburn Tr.c. Joint Venture - Loc.tlon........................On the west .ide of~.W. 8th Av.., bet_.n S.W. 4th St. and S.W. 7th St., 1f the.. .tr..t. .r. .xt.nded _sward. Property 51z....................22.79 Acre. . COnIlnul1ty Red.velopment Plan... .Mult1-Famj,ly Residenti.l Ex1.t1ng ZOn1ng.................R-lA (S1ngl.-Famj,ly Dwelling D18trict) Proposed Zon1ng.................M (Medium to 1Ied11111-B1gb DeDll1ty Dwell1ng D1.tr1ct) Adj.c.nt ZOn1ng.................North and ..st of the subject property 18 aoned 1.-11.. South 18 lIoned R-lA and M-tS (Multipl.- Fam1ly Dwell1ng D1str1ct). W.st 1. aoned a-1A and M. Existing LaDd u.................V.cant 1ab4 Proposed Land u.................~S6..Mult1pl.-famj,ly ua1e. ITEM: /', . ~ .; .---~-- --- . . '. \ . 'r ....... ", ( . ':'; ~... ~-..'" 1 :p.... ,". . "0 I ~. ..~ .. - - ~ ..:. .." .. -t.. .. " _ }. r _ _ --'IT .,.". .!l . ' .' II" I" I . L d . ,~. 'L.I~(: ~rf'. .. I egen '. :,L;.. f":" 11 i : ., .' r:t:. ::..f. iC L~.~'l. 6 : ." .--.- Llml ts of thcI propcnd ~ ;t~~ ~~'42 -:, ~ ~ : :: . ~ .'.~ _. ... ... ,., '-. to, .4t,r '.. .. I.' ~ ~ . AL.bur-n T rc::1C8 0cav.1 op..- · :..J .~j,~ _. .. 'i:' .... ...~, T:.. ..... . . ...../ --.,,~ : II :i~'!.""~. · 1 ' N if~""r.~ - Area to be rezolled fl"Oln R-'A 8/1 r.~;~.~ (Slngls Fan I 1\,1 Raaldlilntlal) to :'11 I~O;;, ':."., RMCMadlun to Medlun Hls;tI 0_1 t!.I) r:ll' il~"''';I.{j . , l I ~.., ,... jj7 ~~ =-.L": : ~\...~ :,i :. "l. -,-:~,.. _' __ . . ~~I"!. .~. . , ;-.. '~g', . ~..--. --., . , ...". .. , , . I " r . . .- , '.;r: . ... ..~ I t' .., . I _. "'" . t t" ~ . I - ,.... .. frj' "" : -~ -- ( . ,.,~. . -. ,:.. . .. ........... . "" to 0, I. r " , "'.. I '- I ..... -- I ~ ~ ._--......_-~ ,... . / ~ .................-" I r" .........~"-.... I . : .. "J ."./ fe, "0' . ........... . " . " .. .. . Q:: r" . ,. .. I ,. , . , "9 II .", . 4 , .o-' . ",! ~ .,. , . , i' . ~ is:', I' "1 . . ,- '7: ,. ,I. II C""f , " "- t 2.11. f f J .::~! ! .-f. = '.- ki .. . < ,! r . ;', AUBURN TRACE- REZONING ~~I~!": t: I I 'ji; ;: I" . 500' ,1 ~:;~ . : .q. :; ...', 1(: /.: ,,__. ._, -- .....~ ....:. . f'-. -l',""=~ --... -.... ....., I .. ..~ W'... . of,.,... I ~....::.,:--=-.~ .- ........... J....................:. . s... . ~ .... .. . . - . - .--- ... . w .. . ~...... . -......~.~. ---. . ; ~..~~f ..-- ~...r..... .._ -.. RIAK ~I': " ': II, E . .~... " TEN T N ..1 ," I ~ Ie, ~ IV. . I'IIIST Zllll ,. - ~ . . _ .!!.. > I Aoo. AOO.' j "All.. TEN .., .., t:... I .. t ... .2." 1M ~.... . ,.' t' ... J t . ORDINANCE NO. 9-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT FOR THE SOUTH 100 FEET OF THE NORTH ONE-HALF (N 1/2) OF SECTION 28. TOWNSHIP 46 SOUTH. RANGE 43 EAST. LYING WEST OF THE ATLANTIC OCEAN AND EAST OF THE EAST RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATER- WAY. LESS THAT PORTION DEDICATED TO STATE ROAD A-1-A. DELRAY BEACH. PALM BEACH COUNTY. FLORIDA; SAID LAND IS LOCATED BETWEEN THE INTRACOASTAL WATERWAY AND THE ATLANTIC OCEAN. APPROXIMATELY 2.750 FEET SOUTH OF LINTON BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH. FLOR IDA, 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 SAD (Special Activities) District as defined in Cltapter 173 of the Code of Ordinances of the City of De1ray Beach, Florida. to-wit: The South 100 feet of the North One-Half (N 1/2) of Section 28, Township 46 South. Range 43 East, lYing West of the Atlantic Ocean and East of the East right-of-way line of the Intracoast,al Waterway. less that portion dedicated to State Road A-1-A; said lands situate. lYing and being in Palm Beach County. Florida. The subject property is located between the Intracoastal Waterway and the Atlantic Ocean. approximately 2.750 feet south of Linton Boulevard. The above described parcel contains a 1. 637 acre parcel of land, more or less. . Section 2. That)tne 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. 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. 10 I ) SA~'t.1 nn fi 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 F ATTEST: City Clerk First Reading Second Reading -' - , r , - 2 . Ord. No. 9-89 MEMORANDUM TO: Walter o. Barry, ~:anager ~ / D D .... r ~-t... _ FROM: Frank Spence, Development Services Director SUBJECT: FLOHR REZONING RM-15 TO S.A.D. DATE: February 9, 1989 ACTION REQUESTED OF THE COMMISSION: The applicant is requesting the Commission to approve on first reading and enacting ordinance to rezone the Flohr property from RM-15 to S.A.D. BACKGROUND: This rezoning is privately initiated. The S.A.D. zoning designation is sought for this specific project of a 100 unit hotel. The property under consideration is currently the site of.Cote' de Azure, an existing hotel/resort. The purpose of the rezoning is to accommodate expansion of the current use to the west side of AlA and to expand lreplace) the current motel facility. The current use is nonconforming. PLANNING & ZONING BOARD RECOMMENDATION: At it's meeting of January 23, 1989 the Planning and Zoning Board held a public hearing on this request. Fourteen individuals spoke against the rezoning. Several petitions, in opposition, were presented. The City of Highland Beach registered it's formal opposition. The Board on a 6-1 vote, recommended DENIAL based upon an inability to make supportive findings on five of the standards which are used for evaluating rezoning request. RECOMMENDED ACTION: Denial of the enacting ordinance on first reading. f the Planning :"and Zoning staff report is available A complete copy 0 ,.. i for review in the City Manage;ns off ceo FS:cl Encl PLANNING B ~f)NING BOARD CITY OF DEL RAY BEACH --- STfFF REPORT --- ..eElING D=lTE: January 23. 1989 AGeo:t ITEM: Tll R ITEM: FLOHR REZONING RM-1S TO SAD - < .l!J - ,0 , GENERAL DATA: - - ~r...~~....'..'...................IIr'. 5.... ~ noe.r AIoe~...........................Larry N. ScbDoldar CUrri., c,......t.4ler 5 A8aoclac.e. AlA, B Locat.1OD.........................&a8t. aad __ a1clea of AlA . lOCUlI Slft.l. _ Cbe A~laDtic _ _ tIae - IDU'acout.&l v.tarw.J'.. 'file _rq. la _~ to 81gbland _. ~ Sl.....................1.131 Aozee 111.301 Sq. f~.1 City Lend 11M .1aD................_. llII&lti-r..ul' 81. _l~YI City 1GGlDv................... .._15 llII&ltlple-r_lll' _111119 Dl8trlc~1 Ad'_~ 1GGlDv............... ..Ilortb of Cbe _,-= properq. la ._ _-15. Sooltb la 81Vbluc1 ".ch, eaat. 18 tbe At.latic ocean aDd wat: 1. t.be J:atracoutal ".t.elVa,. .. __ tIae IAtracoaatal 1. saeed a-1AA-8 I SlDgl.-rOlllll' _11lDg Dl8trl~ I Exla~lDg Lend U.................AIl 11 UIll~ _1 wltb . ....,,~Y ..1.... .x~J_.~ Land u.................A 100 roo. ~.ort with . 200 aq. ft.. privat.. re8taUZ'ut. 'l'WaD~y-flva pe.ca..~ US" of tba roc.. to rece.t.". cook1q faclllU... "awl' ..rvlce................................... .b1at.lftg .. vater _iD loe.tecl oIi ITEM:.zzz. .6 t.be weat aide of AlA .."iee. tbe parcel Oft tbe '!!II:at 81de. b1atlft9 'I! wat.er ..iD located OIl the ..at ride ot AlA .."lee. Cbe pe.c.t .... tIae ...~ .lda. Sewer ..rwlce...................IX1.tlng 12- aaaitary ....r locaUcl .1_ AlA. . '"' I -_. ,#-.- . ... .,- # , I . , ~ , NORrH I'INTHOUSI IlIL.IIAY I <m:> CONDO ,.. )... 0UTlIIeII1t CIllMlO CONJQ - ~ ... CCWDO SOllrH SRANOE CANAL ~ (ill]) 10.;: ~ a R I IEIIIIUDl H18H BERMUDA I HIGH WEST I IEllMllDA "H CONDO f'IoH82 IOUTH CONDO . <lID COUTAl. AT HOUSE CONDO ., ubjeet pare. saV'T LOT I ---- / sovor LOr s ,y CONDO's - lIa/6,17 , -' oc TRO'IC IS~ ~ ITHSIC, I RE }-2 ,.' ''J';, =-0 ~ TIlO~C' I 0' ISLE 7TH lEe. . 'BYRD RM-15 ..., , ~ , to Ct) . ' ,JOt" ~ I ~ ~ t.;; ~ .... , : . -.. , ,".--- -, --- p .... ..,. ~. / I . I ~ . _I ...- oWi....: 1_ , , , ! : I I , I . r: II~ '~T}' III., ~J4 .-..._~. . 0:. J fl . I f J.. .. -, t!rl .. 8 (ZVl )..... tV ~ <C.. ~ M ,...l <t. ... . 0- --r: IV' ~ ~ l-' '1) ~ l--' if '.,J. lJ}t1 .J Z /J) ~. \9 LJ-IN C.J. 1) <r gJ llJ -1 (/l 0, A.YMWJlvM 'lYlSYQ::WWJ.M , , ~ .~.. .."-- .. '-. .....~ . , I . ' I . I , ~ , ~ NYD> C-NYU. J- . r : . .. I i ~ i i ;/1 . 0 , . t ~ r"---.J -.......~ .._ ...... '", ~ l , j~ /: ~~11 i (I -'(I t - t I '" .:l.l u..... , __.!r, .."t IS B 'T""~. ,. ~......~.. , . - -- \ .. . -__~ I ., - . r.: --- '. ~ N .. ~ :; .. ~r- t\p-~ ! 91 ~ ~ .. i ~ i I ~) ~, .. .. .- Z Ii .. , (\ > J V ~ G ~ ~ ! ~ III ~ II Q (II .. rr:: o .. > CJ _. III ~, ''';- I II 0:-' .... t.. . : .t-. ' I _.._. .... ," . f , . ~ , ,'j,<,~~~ \11 .'11. 3NI1H0.1 'II~ 3~;' '..;0 -. - I . , , ii I , i -.-....~, f I j I . Iii , , I +.,- I " . g I I ~ ~..."'"- ~ - Fa ~ .... ~ . l'r ! II:: r' li ... ! ~ ~ : i .... j I ~ 0 .... ... ! w I ~ ~ 0 ,J: _ CJ \tl CJ I .. .. ; i ti .. ~ ;~,i~J'" 'p'el ) A VMlf3ivM, 1VlSVOOVt:UN1 , . .~." , "." " - . .,... ..- . I , ' I . , II . ~ ORDINANCE NO. 10-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN R-1A-C (SINGLE FAMI- LY/DUPLEX DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DIS- TRICT IN GC (GENERAL COMMERCIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY DWELLING) DISTRICT IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND R-1A (5 INGLE FAMILY DWELLING) DISTRICT. IN PART, IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT; SAID LANDS LYING AND '" BEING IN SECTION 9. TOWNSHIP 46 SOUTH. RANGE 43 EAST. DELRAY BEACH. PALM BEACH COUNTY, FLORIDA. AND GENERALLY LOCATED NORTH OF N. E. 8TH STREET, BETWEEN U.S. HIGHWAY NO. 1 AND THE INTRACOASTAL WATERWAY; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING 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 from the R-1A (Single Family Dwelling) District and placed in the RM-6 (Multiple Family Dwelling) District as defined in Chapter 173 of the Code of Ordinances of the City of ,Delray Beach, Florida, to-wit: , . Lots 26 throug~ 28, inclusive, Block 2, KENMONT, according to the Plat thereof recorded in Plat Book 20, Page 65, Public Records of Palm Beach County, Florida (lYing within Section 9, Township 46 South. Range 43 East); together with, The Southerly 334.66 feet of the Northerly 988.58 feet of the Basterly 726.15 feet of the Northeast Quarter (NE 1/4) lYing west of and adjacent to the west line of the Intracoastal Waterway, being abandoned Lots 16 to 24, Block A. Lots 16 to 24, Block B, and Lots 1 to 6, Block C, known as Part of F.I.N.D. M.S.A. 642 A, of ROYAL PALMGARDBNS, PLAT 3, lying within Section 9. Township 46 South, Range 43 Bast, Palm Beach County. Florida; together with, II \ The Southerly 971. 94 feet of t.he Nort.her1y 1.960.52 feet of the East 667.02 feet of the Northeast Quarter lNE 1/4) lYing west of and adjacent to the west line of the Intracoastal Waterway. known as abandoned Lots 20 to 27 and Lots 29 to 34. Block C. Lots 21 to 27 and Lots 29 to 34. Block E. and Lots 1 to 10. Block F. and Lake of LA HACIENDA DELRAY PLAT, and the East 629.84 feet of Lot 1. lying east of Federal Highway. of HARRY SEEM ILLER SUBDIVISION. lying within Section 9. Township 46 South, Range 43 East, Palm Beach County, Florida; together with. Lots 2 through 4. inclusive. Lots 6 throullh 8. inclusive. Lot 9. and the East 10 feet of Lot 10. EASTVIEW, according to the Plat thereof recorded in Plat Book 23, Page 44. Public Records of Palm Beach County. Florida (lying within Section 9. Township 46 South. Range 43 East); together with. Lots 10 through 12. inclusive. Block 1. KENMONT, according to the Plat thereof recorded in Plat Book 20, Page 65, Public Records of Palm Beach County, Florida (lying within Section 9. Township 46 South. Range 43 East); together with. - Lots 12 and 13. Block 2. KENMONT. according to the Plat thereof recorded in Plat Book 20, Page 65. Public Records of Palm Beach County, Florida (lying within Section 9. Township 46 South. Range 43 East); together with. Lot 5 (less the road right-of-way). Block C. LA HACIENDA DELRAY. according to the Plat thereof recorded in Plat Book 15, Page 6. Public Records of Palm Beach County, Florida (lying within Section 9. Township 46 South. Range 43 East); together with. Lot 6. Block C. LA HACIENDA DELRAY, according to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County. Florida (lying within Section 9. Township 46 South. Range 43 East); together with. Lots 5. 6. 33. 3~! a~d 35. Block D. LA HACIEN- DA DELRAY. accoding to the Plat thereof recorded in Plat Book 15. Page 6. Public Records of Palm Beach County. Florida (l" ing within Section 9. Township 46 South. Range 43 East); tollether with. Lots 4. 5 and 6. Block B. LA HACIENDA DELRAY. according to the Plat thereof 'recorded in Plat Book 15. Palle 6. Public Records of Pal. Beach Count". Florida (l"inll within Section 9. Township 46 South. Range 43 East); togeth- er with. - 2 - Ord. No. 10-89 - i - ! Beginning at the Center Line of N. E. 8th Avenue and the South Line of Lot 5. HARRY SEEM ILLER SUBDIVISION, as Point of Beginning. then North 240 feet to the North Line of Lot 5. then West 150 feet, then South 140.27 feet. then West 42.43 feet. then South 100 feet to the South Line of Lot 5 and East to the Point of Beginning. in HARRY SEEM ILLER SUBDIVISION. according to the Plat thereof recorded in Plat Book 9. Page 72, Public Records of Palm Beach County, Florida (lYing within Section 9, Township 46 South. Range 43 East) ; together with. Lots 6 through 15, inclusive, Block A. and Lots 12 through 15. inclusive. Block B, ROYAL PALM GARDENS. PLAT NO. 3. according to the Plat thereof recorded in Plat Book 21. Page 57. Public Records of Palm Beach County. Florida (lying within Section 9, Township 46 South. Range 43 East); together with. Lot 5. EASTVIEW. according to the Plat thereof recorded in Plat Book 23. Page 44. Public Records of Palm Beach County, Florida (lying within Section 9. Township 46 South. Range 43 East). The above described parcels contain a 24.80 . acre parcel of land, more or less. Section 2. That the follOWing described property in the City of Delray Beach, Florida. is hereby rezoned from the R-1A (Single Family Dwelling) District and placed in the CF (Community Facilities) District as defined in Chapter 173 of the Code of Ordinances of the City of De1ray Beach. Florida. to-wit: Lots B through E. inclusive. KENMONT. accord- ing to the Plat thereof recorded in Plat Book 20, Page 65. Public Records of Palm Beach County, Florida (lying within Section 9. Township 46 South, Range 43 East). The above described parcel contains a 1. 64 acre parcel of land. more or less. Sect.ion 3 That the fOllowing described property in the City of Delray Beach, Florida, is here by rezoned from the R-1A (Single Family Dwelling) District, and placed in the R-1A-C (Single FamilY/Duplex Dwelling; District as defined in Chapter 173 of the Code of Ordi~nces of the City of Delray Beach. Florida. to-wit: Lots 14 through 23, inclusive. Block 2, KlNMONT, according to the Plat thereof recorded in Plat Book 20, Page 65, Public Records of Palm Beach County, Florida (bina within Section 9, Township 46 South, Range 43 Bast); toaether with. The Bast Half of Lot 24 and all of Lot 25, and the 15 feet of alley. now abandoned, adjacent on the South, Block 2, KlNMONT, according to the Plat thereof recorded in Plat Book 20, Paae 65. Public Records of Palm Beach County, Florida (lying within Section 9, Township 46 South. Range 43 Bast); togeth- er with. - 3 - Ord. No. 10-89 The West Half of Lot 24, the 15 feet of abandoned alley lYing South of and adjacent thereto, and the 15 feet of abandoned alley lying South and West of Lot 23, Block 2, KENMONT. according to the Plat thereof recorded in Plat Book 20, Page 65, Public Records of Palm Beach County, Florida (lying within Section 9. Township 46 South, Range 43 East); together with. The 15 feet of alley lying South of Lot 17 (less the South 2.5 feet of the East 117.5 feet). Block 2. KENMONT. according to the Plat thereof recorded in Plat Book 20. Page 65. Public Records of Palm Beach County, Florida (lying within Section 9, Township 46 South. Range 43 East); together with. Lots 17 and 18. Block E, LA HACIENDA DELRAY, according to the Plat thereof recorded in Plat Book 15, Page 6, Public Records of Palm Beach County, Florida (lying within Section 9. Township 46 South, Range 43 East). The above described parcels contain a 2.3 acre parcel of land, more or less. Section 4, That the following described property in I the City of Delray Beach. Florida, is hereby rezoned from the GC (General Commercial) District and placed in the RM-6 (Multiple I Family Dwelling) District as defined in Chapter 173 of the Code I of Ordinances of the City of Delray Beach, Florida, to-wit: Lot 1 (less the Westerly 110 feet), EASTVIEW. according to the Plat thereof recorded in Plat Book 23. Page 44. Public Records of Palm Beach County. Florida (lYing wi thin Section 9, Township 46 South. Range 43 East); togeth- er with, Lots 8 through 10, inclusive. Block' 2, KENMONT. according to the Plat thereof recorded in Plat Book 20. Page 65, Public Records of Palm Beach County. Florida (lying within Section 9, Township 46 South. Range 43 East) ; together with, Lot 4 (less the road, right-of-way), Block C, LA HACIENDA DELRAY; according to the Plat thereof recorded/ in Plat Book 15. Page 6, Public Records of Palm Beach County, Florida (lYing within Section 9. Township 46 South, R,ange 43 East); together with, Lots 3 and 4. Block D. LA HACIENDA DBLRAY. according to the Plat thereof recorded in Plat Book 15, Page 6. Public Records of Palm Beach County. Florida (lYing within Section 9, Township 46 South. Range 43 East). The above described parcels contain a 1.22 acre parcel of land, more or less. - 4 - Ord. No. 10-89 - Sp.~t.lnn 5 That the fOllowing described property in the City of Delray Beach, Florida, is hereby rezoned from the LI (Light Industrial) District and placed in the GC (General Commer- cial) District as defined in Chapter 173 of the Code of Ordinanc- es of the City of De1ray Beach, Florida, to-wit: Lots 8 and 9. Block 1, KENMONT, according to the Plat thereof recorded in Plat Book 20, Page 65, Public Records of Palm Beach County, Florida (lYing within Section 9, Township 46 South, Range 43 East). The above described parcel contains a 0.36 acre parcel of land, more or less. Section 6. That the following described property in the City of Delray Beach, Florida, is hereby rezoned from the R-1A (Single Family Dwelling) District and placed in the RM-10 (Multiple Family Dwelling) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: Lot 6 and the West Half of Lot 7, Block A, SNOW HILL. according to the Plat thereof recorded in Plat Book 21, Page 83, Public Records of Palm Beach County, Florida (lYing within Section 9, Township 46 South, Range 43 East); together with. . Lot 6 and that part of 15 ft. alley lying southerly and adjacent thereto, Block B, SNOW HILL, according to the Plat thereof recorded in Plat Book 21, Page 83, Public Records of Palm Beach County, Florida (lying within Section 9, Township 46 South, Range 43 East); together with, Lot 7 and the West Halt of Lot 8, Block B, SNOW HILL, according to the Plat thereof recorded in Plat Book 21, Page 83, Public Records of Palm Beach County, Florida (lying within Section 9, Township 46 South, Range 43 East) . The above described parcels contain a 0.68 acre parcel of land, more or less. Section 7 That the following described property in the City of Delray Beach, f,lorida, is hereby rezoned from the ART (Agricultural Residential ,Transitional) District and placed in the RM-6 (Multiple Family Dwelling) District as defined in Chapter 173 of the Code of Ordinances of the City of De1ray Beach, Florida. to-wit: The West 340.32 feet of the East 970.i6 feet of Lot 1 lYing east of Federal Highway and west of the F.I.N.D. Canal, in HARRY SEBHILLBR SUBDIVISION, according to the Plat thereof recorded in Plat Book 9. Page 72. Pub1io Records of Palm Beach County, Florida (lYing within Seotion 9. Township 46 South, Range 43 last); together with. - 5 - Ord. No. 10-89 ,/ Lots 8 through 11. inclusive, Block B. ROYAL PALM GARDENS PLAT 3. according to the Plat thereof recorded in Plat Book 21. Page 57, Public Records of Palm Beach County. Florida (lying within Section 9. Township 46 South. Range 43 East). The above described parcels contain a 2.48 acre parcel of land. more or less. Section 8. That the following described property in the City of Delray Beach. Florida. is hereby rezoned from the GC (General Commercial) District and R-1A (Single Family Dwelling) District and placed in the RM-6 (Multiple Family Dwelling) District as defined in Chapter 173 of the Code of Ordinances of the City of De1ray Beach. Florida. to-wit: The South 137 feet of the West 395 feet of Block 3. REVISED PLAT OF ROYAL PALM GARDENS. according to the Plat thereof recorded in Plat Book 15. Page 44. Public Records of Palm Beach County. Florida (lYing within Section 9. Township 46 South. Range 43 East). The above described parcel contains a 1. 22 acre parcel of land. more or less. Section 9. That the Planning Director of said:' City shall, upon the effective date of this ordinance, change the Zoning Map of De1ray Beach. Florida. to conform with the provi- sions of Sections 1 through 8. inclusive. hereof. Section 10 That all ordinances or parts of ordinances in conflict herewith be. and the same are hereby repealed. Section 11 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 12. That this ordinance shall become effective immediately upon passage on second and final reading~ PASSED AND ADOPTKD in reaular,session on second and final reading on this the day of . 1989. ," , /,~ " ".'; ltAYOR ATTEST: City Clerk rirst Reading Second Reading - 6 - Ord. No. 10-89 . -, -..... '-', ", <" / "'...:::";--'" - -- February 3, 1989 (~0.- I 0 - g 4 ~ rJI' ;rf Honorable Mayor Doak Campbell ~V~I/~:1 and City Commissioners 100 N.W. 1st Avenue ~J ( Delray Beach, Florida Re: Lots 3 and 4, Block D, LaHacienda, Delray Beach, Florida Plat Book 15, Page 6, in Section 9, Township 46, Page 43 Dear Sirs: I am the owner of the above referenced lots, and am writing to you at the suggestion of Stanley Weedon of the Planning Board following my discussion with him. I ha ve been out of town since December 29 and upon my return and opening of my mail, found the Notice of Rezoning from the city of Delray Beach. I consider this an unfortunate circumstance for me, because had I been in town, I certainly would have attended the Planning and Zoning Board public hearing which was held on January 23, 1989. I am quite concerned about the proposed rezoning of my property from General Commercial (GC) to RM-6. I have owned the property for several years and was using the existing building as an office/ warehouse until I was robbed several times. I then decided not to occupy the building until I would be able to build a new office/ warehouse unit in which I would have the proper security in the building to eliminate the loss of any more equipment and tools. As a building cOntractor I have been using the address of 706 N. Lake Avenue as my business address since 1981. For me, as a small building contractor, to have my property rezoned would cause a great hardship to me in several ways. As you are no doubt aware, I am required to have my license in a commercial location. If my property is rezoned I would then have to find another property to rent in order to hang my license and this would not be feasible for me monetarily. Also, I already have preliminary plans for my new office/warehouse drawn by Paul Slattery from the architectural firm of Slattery and Root and have already requested that he start proceeding with the final plans. The reaSOn I had not started sooner with the building, was because I had heard that some of the pockets in the area of my property were possibly going to be annexed into the city, which made me very happy, hoping that possibly even sewer and water would be run to my property, making it much better for my office /warehouse building. I feel it would be unfair to rezone my lots 3 and 4 from GC to RM-6 especially because just to the north, lots 1 and 10 of Eastview is GC. Page Two February 3, 1989 Honorable Mayor Doak Campbell and City Commissioners Also, your proposa 1 is to rezone lots 3 and 4, Block C (directly across the street from my property) is puzzling to me since there is already a new tuxedo store on lots 1, 2, and 3. To the south of my property is a new convenience store on lots 37 and 38 and directly west of my property on lots 1 and 2 is Wicker Oasis. I am requesting that you and the Commissioners look favorably into leaving the existing General Commercial Zoning on Lots 3 and 4 , Block Attached are 1) lot locations of property. 2) copy of proposed building on property. 3 ) copy of my current county occupational license with the present address of 706 N. Lake Avenue. I will be in attendance at the public meeting on February 13th and would be glad to answer any questions at that time, or I can be reached at (407) 391-8264. I would also be glad to meet with you and lor the City Commissioners at your convenience. I trust that you will look favorably upon my request. Thank you. FRANK L' W JR. 500 N.E 4th Street Boca Raton, F'lorida 33432 (407) 391-8264 -..--------~ - ... ----". _ +____ . _ __.u,.~..______._._ --~ . -'--" . - --- -- ,----, --- - -.-- - 00434609070000011 Lot 1 (Less the Westerly 110 feet) , Eastview in Plat Book 23, p. ,44, in Section 9, Township 46, Range 43 (0.11 acre) , 00434609080020080 * 00434609080020100 , Lots 8 through 10 Inclusive, Block 2, Kenmont, in Piat Book 20, , ..l::": p. 6Sh in,Se9Uon9,.. TownshiP46l'JR'n~.(tA3. ..( O. 60' acre) 00434~0;1l003()O~b \Hf.;" 'LO~ (4 ,'t L:~ilifi~~i~"lrgbr ~f 'W~Y) , -., Block c, La Hacienda Delray, in Plat Book 15, p. 6, in Section 9, Township 46, Range 43 (10.17 acre) .u 00434609110040030 ,Lots 3 and 4, El16ckO, La Hacienda Oelray, in Plat Book 15, p. 6, in Section 9, Township 46, Range 43 (0.34 ( !lcre) Commercial , - --- .--. .___._"'!LfIOI'...J._.........._-_~......... ......... ' ? -- - . I If:j . II 4(J , ao ,.. 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III ' 4 ''-;1.:;/,,'''>:1 ..L ',"1" I'J f. ~r;a._" .. ~3 '1 .i' p._ I....... .r.' -.... ." (2 ~ :.'r-, I.,.I-~ ~, ..... , " ."'! -=; I/; $ 5' ~~'I)'_"";:'.:' -.C . ., ... t ,,_ ..--- . .... I '''' 1 I' ,,,. .,' L; ;.., II '6 a "~ ) 1202 i' i ~\: (4-') ::: , , \~.~[Ili' 11. Vj' ~ CONDO, - ,~)6 J} J.. ' M.. ,III.' _ i; :.'. I r ,'r. i;... ~. .. r-:-- ..~.'" ~ 0 NO WAY .. := i - '-.. .. ., ...,... ~ I ' ..' (, . " '- ,.., j '4' ,;. i; '" J .'6. '6 ~ ~ ' " j t '[. '.. 1,-;;-.,2. _. -- . >. h r.. u . ~. :.~ 6R' '''~~l. ,"Y";. 11 I , , II ". r--,.. ~ J. c:., · - . fl f ' ...4< rL II ~ , . ) 1/ if I 11-1) I .A I' '",' S Q, L.. I I . I ~~ ',"' .... i j~ II_I' -.... } : ;,~' WIT N LN '-teEN .. , ~ I -II S . .:t ", I . of 4 ,- .-.- ,lito a I A.t ADO. . MAR ELL If) , ,... ,_' ...' ' ' / (4-1) ARMS (3jl-1331 ~~ N . :: M ~N'. 22-24 ( 1'1,,,, "'.. S' I , .. .. i I >. , GC ...~ ,l. W' DE~ REV ~' . - '~f, ,'. '''''1 , , ,''''j~''j". a 9'" 8 i' . CONDO, - I ~"'-.... I, ., tII'IJ~ ::l? PALM TA i .', . '~"':lJ.-, '. 11 . "'V~CW u j .. JU W . . cI ''''W'1 l<J' w 1--',' "Jt' 'if --51, ~ CONDO. ~ ... I I l J '.13), .1 . n{5'1 / "1 -~ J -.'. ' "_ c: >lIST/IV G G.C. 2.(!)N'//VjJ ~ " I II I I I ! I ~1 R. ':,~ 1 OF :0' l' ;,')N rJI~'~tu"e.:')) ')001 " :t= ---- _n_ --.... ., r , , I I I o. .' ! <:J <.;1, -f- : ~,_..- ."" -" ....+- \ I , "' '- , , .. "' (()~05tD /' ;.-,::/ II" ,e: ..; rf . J-,I,:. ,; ~ -,)V' ",'~?~~','", .;,le, .. I 5"1) . (; r)' . " I~ 7'"r f),..~ ' , } . '~'1oJ 'Ii, r ,,(: " ~.;" , ~: ;:.;- I \ . ~.. f . ""....-. 0 ' --:-- 'iJ -~-"... (') If'.. rrrrr- ---- -_..._-~- , I i.I I" ,., '" I I"' c, , ;, I' . L - I ! 'J . 'I,)' os' 00" o > -.. I V' l.llj .__ u_ __ __:__--.." _.~"t \ u, :0,).(.)' -----..._. - :: ~ ':)1'" ~ / .9 .~ ~..~ _.~-_._- , ,. _.n,. .. "'"---------- '" ": .-------.---.--- .. . ---'- - ',";;-.lH :~f:..l("E. . . ,J E- l') F,. '. ) -..-.----.---- "----.-.- ._...~.. '--"-"- -~.._----_.__.. .--..-- --.-- - I"; ~O'.O" __ ._n__.__...._. _ ....--... lOT~ ~ I + IIlOC./< D. LA ~AC.\"ND/'o DtLRA'" \l<EAc.l-l, ?A'.M '. Pl...., BoOk: I. p^~e t. .-,' \~ ~ . (. , , - . ;; -); - " TRANSFER tOC: . " COUNTY OCCUPATIONAL LICENSE CLASSIFICATION --.-f-.", , 05733 PALM BEACH COUNTY, STATE OF FLORIDA CONTRACTOR ',-,_'r7'" COUNTY ORDINANCE NUMBER 72-7 6~-~C NAME & ADDRESS U_ 11207 z~o-it o6~~O ',;(, Z NZ r- FRA~UD <WI,jj .... "u ~ . g~~::>~ 500 ~ l4 zz~ :J aWalt/II. -Ua::Z~ Boca ll.f1to 6:lo~S Cl([-Icelr ,';", <l~~5~ ;rc',;: ~bQ:eb i,oj,:" ~iga:~ IS HERESY LICENSED TO EN~.4GE IN 1'.US Jron w<(~o<( OR OCCUPATION OF ;<:""._ .:.i' ONT ~u.a:.....~ ~tJrLD ...,00 <( toc: 706 N. take AVe. TOTAL ~:::>~t;J: -'~5w~ Del:ray Beaoh PAYMeNT RECEIVED A.S CERTIFIED ~-I iri< ;:'!?QS?~ AT ABOVE ADDRESS FDA THE PERIOD BEGINNING ON THE FIRST DAY OF OCTOBER, AND ENDING ON THE THIRTIETH DAY OF 32'::/79 JlIl28 3 i..... t:J SEPTeMBER 39l-8264 ALLEN C, CLARK PALM BEACH COUNTY TAX COLLECTOR PALM BEACH cbUNTY TAX COLLECTOR, WEST PALM BEACH, FLORIDA ... ---"- -----_. -. -'-. .:-V:'~ BLOG CONTR U-11207 COUN1'Y OCCUPA nONAl lICENSE CLASSIFICATION RG0016222 PALM BEACH COUNTY, STATE OF FLORIDA OC-032 COUNTY ORDINANCE NUMBER 72-7 82-25696 LUOLOW FRANK JR if:), . 500 NE 14TH sr :~" ,~, ....~OUNTY $18. BOCA RA rON FL 33432 ,"~ 'lU;'."~;"" ". ." : ~,t",~i1;J~1 'f~."..~~",,} TOTAL $18. THIS LICENSE VALID ONLY WHEN REceIPTED By TAX COLLECTOR CONTRACTOR PO A.c.CLARK, TAX COLLECTOR $18.00 OCC 70 10/06/88 14531 ALLEN C. CLARK PALM BEACH COUNTY TAX COLLECTOR LICENSE MUST BE DISPLAYED CONSPICUOUSLY AT ESTABLISHMENT OR PLACE OF BUS' . MEMORANDUM TO: Walter O. Barry, City ~ .~ FROM: Frank Spence, Development Services Director SUBJECT: ENCLAVE 24 REZONINGS DATE: February 9, 1989 ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approving on first reading an enacting ordinance which involves various designations and various properties in the area known as the former Enclave No. 24. BACKGROUND: This rezoning was initiated by the Planning and Zoning Board following annexation of this area under provisions of the Enclave Act. At the time of annexation, several property owners questioned the initial City zoning designations. Rather than alter the annexation process, an agreement was reached whereby the City would initiate the reconsideration of the initial zoning. Thus, this item is now before the City Commission. The proposed zoning designations were developed at a worksession with the Planning and Zoning Board. There are 34.7 acres of land involved in the proposed rezoning. There are 46 property owners and 59 individual parcels involved. These breakdown into the following categories: 1. Consideration of individual rezoning requests (27.3 acres)~ 2. Implementation of a buffer or transitional zoning district between the existing GC (General Commercial) and R-1A (Single Family) zoning (5.46 acres), and 3. Connecting items 1 , 2 where necessary, ie. filling in the " /' gaps (4.54 acres). A detailed list of the individual rezonings requested is attached. PLANNING & ZONING BOARD RECOMMENDATION: At it's meeting of January 23, 1989 the Planning and Zoning Board held a public he.aring on this item. No one spoke in opposition. The Board then recommended on an unanimous vote, to approve the rezonings as proposed in the staff report. RECOMMENDED ACTION: Approval of the enacting ordinance on first reading and setting of public hearing for second reading on February 28, 1989. A complete copy of the Planning and Zoning staff report is available for review in the City Manager's office. FS:c1 Encl . . . f " STAFF REPORT '''SA 64 r. '</, .#: ~/ I - j MEETING OF JANUk ,23. 1988 . ._._... ,i ", I j .. AGENDA ITEM: 11 .. u ai, .tct . ~ ENCLAVE 24 REZONINGS ~ 01 . I III /, I. r ~ J 001 t =-" .....-Lf -: _ ..... . "" .., - :... - ~ ----' .1. ... !..... c fPf"1.. ~ - - -,. . ~ ' " · .. It::; I :::-' r - .~ J . .... .. - . ~ P" .. . "-~ 1 - ~r ~ ... . ~ -- j.. . ~.. t . - '-- " . . II. ~, ,.... 'lJij"'T It I" "'''4 · ...,""1 -- a. . j ,-;-, 'f: ~ " .: H ~T1 j fa '~ . _.. . ~ ~ ~. &.41". A" . . ... ~ ." ~ fa II ., .IJ . ~ " ,7 j . ~ \ ~ ~ ~ ~ ~ ~ ~ .'- .. . &j . ~l .. ~ ' r' · O~ . -i:: 9 · . ~ ,~, ~ , . l _ . ~. , . . I' 'C' ~ ,.-,~ - . .... ~ H IT ~ ~-;. ~ , , /J J . ....... I - .1. "lC o:~ r.. ;Tr~ PAL 1/ A J .. &,. .. .. . 11 ~ j 01 ..,~ IO''!''T~ , nPROPOSED' ZOlrlS 0 I SIR I CIS tI .. . :. ! t: I' . . 1-IA-CCSlngl. Fe.lly) , ~ j . ~ I ~ . III-SClluIU-F....y 1..ldenU.D. ~ I . GCCOanarel Co..areleD ~.\ J' ~~(11 ~ CFC CO..un I ty F.e III t I..) ~ ... ".'" 8, ____ $". -. ;Hii -- · , ,. "''' ~,.. , . ' EEl Gi..... Of . ~ fHE LANDINGS . .; · ~ '" . ~ aT. AUeUaTIt.e Z B 42 PG 21 f Hrllo ~. l, ~ IiO ,. IC... , . ;..;jLoI- \,. . !-=Yr ~ ... ". .. . " .*C -. --:-!.'~ · II .. 5iS-.~ -'-'..JL I '. I . ..,::~~ ,.... .. __ _ _ . .. ,~t:(' ......WYtlA I r ( C - . I ____ ..~ ~._..__.. ..... ...~" __ ! f ".. "..". - I . I I ! I I , II . . INDIVIDUAL REZONINGS TO BE INITIATED LOCATION REQUESTER FROM TO ACRES ----------------------------------------------------------------- 1. Yake Property Agent R-1A RM-6 17.46 2. Lot 18, Block E OWner, Krause R-1A R-lA-c .33 La Hacienda 3. Lot 4, OWner, Peters R-1A RM-6 .17 Block C, La Hacienda 4. Nitschke Board Gc RM-6 3.87 Property , 5. Costa Del Oro Staff Correction R-1A RM-6 .58 (conto property) 6. Lots 8 & 9, Staff LI GC .36 Block 1, Kenmont 7. South of Bond Way Staff R-1A R-1A-C 2.89 S. Lots B, C, D, E Staff R-1A CF 1.64 Kenmont ------- TOTAL ACREAGE 27.30 . ." l I C -, ! I -.-- ----. ~.... ---. I f . - . . I . , I I I ~ , . , i g2~~ ~~g~i ~ Ii I~~~~=~~~~~~~~~~;~i~~i~i~~~~~~ ! @~~~ ~I~I~ ~ -- '~~~~~il~~~~~I~~~-IIII~i~!!:sg~ 0880 ! _ l ~ _ ~~~~~~~~__ ~_~ ~ i~Ji jllll I II I IIIII~ 1111111111111~il~II~1 iiii fiiii I Ii liiliiiiiiiiiiiiiiiiiiiiiiiiii ~ i ~ ~ l:l :I ~ ~ z I:i !: 1 . .. iii .. Q I . I iz . ~ ~ ~-- ~ I . -~ ~ . : z~ _=~ ~ ~i ~I i aw ~ M . -s M II~ z I . ~ _a. c ~ c w_ c . _ ~~ _ .- __ c. .L - - . - - -- - ~- ~ I ~ - W~~~~_ ~~ B. . I 0_ - _~E ~~ ~ - E ~ s---w m- _.~_ _ _ _ ~ ~. _ _ -~~ _ I - -~-~ --~I w_~ .- ~~~-= - ---- - -II! - I _RRR.... I ~ ~ ~~;=.i=.i -a ..~. ~~~~ i~I.- ~ ~ ~~~S~ I!--~I. ;2;.._*~~~1*1*=: WW~W -~~. w i~ ;~. -!~mfl! ~ .~~~~..d.K~. _~~ ~... ~~!.- · - ~** *--~ _;!C I~ -- ~..*Il:l- =~~~ !!~~~ ~ !~ ==;=l!~I~=~~I_ia!le ~I!~~I-~il~. ~II ---- W~~~~ _ _~ _~~~~aM.~____~I~. ___ a a _ ~ ~~-- - __0.0 N ~ N __ . -~~_.__~"____"M_______________ ---- . --~~- N ~ N -- " -___~__N._NNN""~NNNN__________ . . .. . ...... ..... . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . o~_o N .000. ._ _ -----.-._._000000000___..._000 . 3 3 = . = ~ ~ ~ ! . iii . ~ -0- 00 K___~~KK~~ . __ ~~~~ ~u~~~ ~ ~~ _~_~~~~~~~~~~~_~~_~_~~~~~~.~~~ . i . i - I ~~ W - w~ ~ W ~-. "'~- .- -- ~ Q. U U _ :n.. = i:::: ~ ~ = - ~~ 8 ~~ ~ .. ~ = .-.. ..... !I ~ ~ ~ . II bi tJi i! b5 :: :: tt; _ :.. _ . 12I ~ ",..", ~ bs bs bI bi tJi !II! ~ ~ 3> . . iii ~ ~ t; ~ ~ bs ~ t'i ~ . ~ . ~ ~ y 0 . ~ - - . i = . ~ ib * .. . c - ,.. ~ I ~ ~ ~::l * t I , "C _. ., , I ._".__._ ___. __...... ..- _. I I .. . - -. . I . . I I - ~ , ~!lijl!l~ilill~~~ ii ~ - 1------11 ==i~~=I=-lnn~ II~III~II IIIII~~ iiiii!i!li iliiil - ~ E 1/11/11/101 ll!.. ~ - - -- -:i ..........w..... - --- ~=.... ......... ;~: iiii _.....-a W Wz_.... _ -c..... -- - - ~I.c_c~_ .;.8 =a~= se5s8__ ~Z.~""I~.~ ~~~~ II . . i!-~ -'............l2il...-t ~ i::ll ~ IE iE ~=-rllll II . ~~ - ~ w _........ ia==I!I:..... ~.. ""C_ M;E d .. ...,:.~ ~ ~~~~~~~~~~==~~=~~ III I~ O_OCOOO_oooo_o~~ci r: ! .:l 13. i .: ':1 ;;; III . , , ~~~~~~~~~~~~~~~~~ . !!l I - ~~~~~~~~~~>>>>>>>>>>~>> II ~ , ~ ,.. .J '.. " .,i . . C ~ ! , --..--- ~ ..."._ 9 ... _ ~_. ..~ , I . - ..L' . I 1 I , ~ , . [ITY DF DELRAY BEA[H CITY ""'TORNEY'S OFFICE 310 S.E.Ist STREET. SUITF 4 DI:LRAY BlAClI. II.ORIDA 1348) HI 407/243-709C: TFLFCOI'IFR 41)7/27')-1.755 MEMORANDUM Date: February 13, 1989 To: City Commission Walter O. Barry, City Manager David Kovacs, Director of Planning and Zoning From: Herbert W, A. Thiele, City Attorney Subject: Action on Dorson Property Rezoning Ordinance The City Attorney's Office is in receipt of a copy of a letter addressed to the Mayor and Commissioners dated February 9, 1989 from attorney Michnl W. Connors on behalf of the owners of the Dorson property. This memorandum shall serve to clarify some statements set forth in Mr. Connors' correspOl'1dence to the City Commission. Mr, Connors and I had a telephone conversation on Thursday, .Tanu[.ry 9, 1989 with regard to the methodology if the City Commission desired to not pursue the rezoning of the Dorson property from the current ART/Ar;T to the POC zoning district. In that regard, I advised Mr, Connors thrt the City Commission could do so, since this is a City-initiated rezoninr:. by voting upon the ordinance and having that vote be in the negative, This would be a preferable course of conduct if that is the City Commission's desire rather than just removing the ordinance from the agenda and leaving that ordinance number open for an indefinite period of time, However, since our office ha.s some concern with regard to the currently assigned zoning of the ART/ ACT to the subject propertv, another methodology which I believe would also address Mr. Connors' concerns would be to vote to approve the subject ordinance and rezone the property to the POC zoning district. Thereafter, once the new revised Comprehensive Plnn is adopted, either the City or Mr. Connors' client could petition for a re70nlng of the property to a zoning district which is then consistent with th'l new revised Comprehensive Plan. If you would like any additional details on this subject, please contact me personally at your convenience. !ii' HT:ci cc Frank Spence, Development Services Director Stan Weedon, Assistant Planning Director Michael Connors, Esq, . . 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 RES IDENT IAL 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, FLOR IDA. 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: Sect ion 1. That the follOWing described property in the City of Delray Beach. Florida. is hereby rezoned and placed in the POC (Planned Office Center) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach. Florida. to-wit: - That portion of Lot 20. Block 1. DELRAY SHORES. as recorded in Plat Book 24. Pages 232 and 233, lying west of Congress Avenue (LESS the parcels recorded in O.R. Book 1386. Page 437. and O.R, Book 2398, Page 1424. and the Davis Road and Lake Ida Road rights-of- way) and lYing south of the line formed by the Southeast Lot Line of Lot 19. Block 1, DELRAY SHORES, the South line of the parcel recorded in O,R. Book 3118. Page 364. and the straight line formed between the Southeast corner of said Lot 19 and the Southwest corner of said parcel recorded in O.R, Book 3118. Page 364; together with. That portion of Lot 20. Block 1, DELRAY SHORES. recorded in Plat Book 24, Pages 232 and 233. lying west of Congress Avenue (LESS the parcels recorded in O,R. Book 1386. Page . 437. and O.R. Book 2398. Page 1424. and the Davis Road and "Lake Ida Road rights-of-way) and lying nort)(of the straight line formed between the Southeast corner of Lot 19, Block 1. DELRAY SHORES. and the Southwest corner of ~hA~ nA~nAl p.nn.AAA 4ft n Q '1:1,...,..1. ~11a 'D.. __ . . .' S..."t.1 nn 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 - , /" It/' :;: FE:B~ SO-8SO THl" 16:15 p.e2 LAW O"YleE& Boose: CASEY CIKLIN LUBITZ MARTENS McBANE e. O'CONNELL A ~.'nNr.MSIolIP INCLUDING PtlrorES.,ONAI. ...OC,A'IO"'. a..ucc O. ALEXANOER ",,,NOA J. """"'1, .. A. ","UCH~" N. ...LDWI""'. III OANll'-.... HC...H......N ......IL...IP 0' O'CONNfL.l., .... ('107.,g87) '""....."'0., aCEII DlanA ... JENKS - VilIl.LIAM lit. a008E. III. "... .,,'AN .. .J081..""'" Of' cou...a.Clo. ...0...... 0 aOVKIN ."lAfrrc T. KING MTlItlCtC ,J. e......... "A. CM".I'L~a ,.. ,"U8ITZ. ".. ..!.AN J. "'OGCllt. ALA"" ,J. (.IKLIN, "A. IItICMAAO .... ........TItNS. It.... - COllty J. CUtLfN LOuie lit. Ne....NE, ...,... NO".,......IOOI: TOWt.lIt I . liT" "LOOllt Ir4IC"'''El.. W. CONNO_. CLAUOIA N. Melt!HN.. 818 NO..TH "I.AOI..Etlr ORIVE "Oae"T L. Co.."'NC. ..... aRIAN M. O'CONNE"t.. ... A. ~ O. OlltAwlR 0..018 .. JEANE e'UPPCH "HII. O. O'CONHCI.I... ""..., ~ A. W&.T PALM 8eACH. ,....ORIOA 3:t~O..~.a:. ,...CO"IC C. ~P'TIIlN GAIlII A. ~OEaTA MICkA-Ill.. M. O"IlS'~" ,",ULIUNN RIt:O TELI.PHONI ("07) 832.eeOO LI.C .. OOIllOON ."I._HI,'" L,. .HOCH~T TIlLECO.lltfll (407) 833'''209 MICHAII. o. 00"'00"',.."'. ....MUIL. A. THOM"'S Wllli~l. " O'UI.N( .va...", WILLIAMS 00"'1"1.0 H. OU'1'...r.ON 1'ELBCOPIBR 'l'RANSMISSION February 9, 1989 Mayor and Commissioners Walter O. Barry, City Manager City of Delray Beach 100 N.W. 1st Street Delray Beach, FL 33444 ReI Proposed Rezoning of Dorson Property Dear Mayor, Commissioners and Mr..BarrYI , The proposed ordinance rezoning the Dorson property from agricultural residential transitional (.ART.) and agricultural commercial transitional ("ACT") to planned office center ("POC.) is scheduled on the agenda for the City Commission r.gular meeting of Tuesday, February 14, 1989. Since prior to annexation , of the Dorson property by the City, Mrs. Dorson has been working with the City staff and neighbors in the area to provide an appropriate zoning district through the rezoning process to meet the concerns of all parties involved. As you know, the Ci ty is presently revising its Comprehensive Plan, and, as David Rovacs, Director of Planning and Zoning, indicated in his memo to you (copy attached for your review) the commercial zoning districts of the Citl will be revised within the next tear, subsequent to adoption 0 the revised Comprehensive Plan. T ese revisions will be made not only to effect consistency with the new Comprehensive Plan, but also to more clearly set forth distinctions between the various zoning districts and the uses therein. AcCOrdingl~, we feel at this time that the best course of action for all 0 the parties concerried is to withdraw the proposed rezoning of the Doreon property. This would allow Mrs. Dorson, the City and the neighbors to provide input into the Comprehensive plan and Zoning Code revision lrocesa. Once the new Comprehensive Plan and revised zoning d stricts are in place, at that time a reasoned and realistic assessment of the appropriate zoning dietr ict for the subject property can be made~ and the rezoning process can then be initiated to put that BO"lng in place. Therefore we respectfully request that the propose ordinance rezoning the Dorson property --- -... -,..--- 9-89 T H l 16:16 p.e:: FcB- Mayor, Commissioners ahd Mr. Barry February 9, 1989 ' Page 2 to POC be 'withdrawn from the agenda, so that the matter may be considered once revisions are in place at a later date. In the alternate, if the City AttOrney so directs, we request that the Commiuion vote to ~ the adoption of the rezoning ordinance, 80 that the existing ACT and ART zoning remains in place. I will be at the Pebruary 14th City Commission meeting. Additionally, I will personally contact residents in the area, including the director of the master homeowners' association at Rainberry Bay, to fully inform the residents of this course of action. Thank you for your continuing cooperation on this matter, and we look forward to working with the City to ultimately achieve a resolution agreeable to all parties concerned. ~~~~tb - Michael W. Connors MwC/bla XCI Frank Spence David Kovacs Stan Weedon Herb Thiele . . .. , /.: " _.__._~-- -- . . : -1!\t1 LAND RESEARCH MANAGEMENT, INC. LAND PLANNERS 1280 NORTH CONGRESS AVENUE SUITE .106 RESEARCH CONSULTANTS WEST PALM BEACH, FLORIDA 33409 MARKET ANALYSTS (407) 886-2481 Jaunary 23, 1989 Mr. Michael W. Connors, Boese, Casey, ciklin, et al Northbridge Tower 1, 19th Floor 515 N. Flagler Drive West Palm Beach, FL 33402-4626 RE: 18.7 Acre Dorson Property Dear Mr. Connors: Land Research Management, Inc. has had considerable experience in working on commercial properties in Palm Beach County, including several within the Boynton-Delray sul::market. It is our opinion, which is shared by many market analysts and realestate professionals with experience in the County, that the professional office market in the Boynton-Delray subnarket is currently overbuilt, with several years of existing and planned supply available at desirable locations throughout the area. If we can assume a building-to-lot ratio of 35% for the Subject Site, it can be concluded that the proposed Planned Office Center (POC) could potentially generate approximately 285/000 sq.ft. of space. Permitted uses within the POC District are relatively restrictive I being limited, generally I to the following categories of tenant types: Financial institutions and brokerage establishments; business and professional offices; and selected service businesses. A partial listing of competitive existing and approved competitive profes- sional office projects is presented on the attached table, while each is located on the attached map. "nle two attachments, in conjunction with the above discussion, can be used to prepare the following observations and conclusions regarding the proposed rezoning: 1. A majority of the existing and proposed professional office projects are located at 1-95 interchanges, or along east-west arterial roads having access to 1-95. Since Lake Ida Road does not have interchange access to 1-95, the Subject Site is at a competitive disadvantage in relation to most competitive projects. "nlis location disadvantage will canpound the problem of an over- built market for' any professional office project located on the Subject Site: 2. Canpetitive projects range in size fran approximately 25/000 sq.ft. to 148,000 sq. ft. I with a majority at less than 50/000 sq.ft. It can therefore be concluded that the potential scale of an 18 acre facility, even if phased I is excessive within the framework of the current market. Further, if a series of smaller scale projects are developed onsite, a situation of internal competition will ." ! ,.... i ;....) ." " Michael W. Connors January 23, 1989 Page 2 be created I thus aggravating an already over-supplied market condition; and 3. The limited array of potential tenants pe~itted within the POC District severely limits the flexibility of the owner to design and market space to potential commercial tenants. This is not normally a problem for projects of a small scale where near-term demand can be defined and tenants targeted. However, an 18 acre project must have greater flexibility in order to be successfully marketed. Since the minimum lot size in the POC District is 3 acres, with exceptions allowing approval on as little as 1 acre, it is concluded that the City recognizes this fac~. An alternative to be considered is to grant POC zoning to a more appropriately sized portion of the Subject Site, while allocating a less restrictive commercial district to the balance. Based upon the above analyses, it is concluded that the designation of the entire 18.7 acre parcel as POC will severely limit the owner's capability to realize the commercial development potential of the Subject Site. Respectfully ~ tz:,,. . J es P. Fleischmann, AIcP Vi e President encl (2) JPF/rds . I ." ,/ ,. t . . PALH BEACH COUNTY OFFICE SURVEY IW' LEGEND BOTHI'ON BEACH/DELIlAT BEACH OFFICE MARKET IW' REFERENCE BUILDING REHI' ABLE NUHBER IlUHBER BUILDING NAKE STATUS AREA FLOOR1 -------- ---------------------------------------- -------- ---------- ------.. 1 An-ANTIC PLAZA E 80,000 2 BARNETT BANK BUILDING I 54,105 3 CHARTER BUILDING I 43,597 :0 COLONIAL CEHI'ER I 28,325 5 CONGRIlSS CEHI'ER I 52,550 6 CONGRESS PARK PHASE I I 54,983 7 DELRAY EXECUTIVE SQUARE t 41,188 8 DELIlAT OFFICE PLAZA I 47,230 9 DELRAT PARK OF COHHERCE PH I P 34,000 10 DELRAT PARK OF COHHERCE PH II P 34,000 11 DUHAR PLAZA I 22,000 12 EXECUTIVE HALL E 37,000 13 FINANCIAL SECURITY BUILDING E 43, 200 14 FIRST AKERICAN PLAZA I , II E 40,000 15 GULFSTREAH BUILDING. S 28,000 16 GULF STREAK PROFESSONAL CEHI'ER P 19,400 17 HARBOR CEHI'ER E 98,049 18 HUNTER'S RUN CORPORATE PARK P 148,000 19 LI NTON CENTER I 46,694 20 LIHI'ON IBH CENTER I E 100,000 21 LINTON IBH CENTER II I 68,000 22 LIHI'ON IBH CENTER III E 70,000 23 LIHI'ON INTERNATIONAL PLAZA E 25,000 24 PYLON INTERSTATE PARK I E 28,024 25 PYLON INTERSTATE PARK II P 28,024 26 PYLON PROFESSIONAL CEIITER I 3S, 000 27 SOUTH COUNTY PROFESSIONAL CENTRE I E 26;000 28 SOUTH COUNTY PROFESSIONAL CENTRE II P 30,000 29 THE COHHONS UC 50,000 30 WOOLBRIGHT CORPORATE CENTER I E 53,262 , 31 WOOLBRIGHT CORPORATB CENTER II E 53,262 , ---------- 1,518,000 ea' .......... NOTES: I ea' Total m.y not add due to roundina. " . r ~ . . ----- --------- -----l~'rcr- I HYPOl.UX I I I I I I , I BOYNTON I I BEACH I (@ I I I BOYNTON lEACH BLVD. . I ..I I C I €>i . II: l- I ,.. @III > '" II: C ~ 0( iL l- S::: z ::; III II: i II: ;:) I- CI I z .. 0 I CJ . 8 I II) :c c c - II: 0 0 c ~ ..I . AYE E ELRJ@' ATLANTIC BEACH . 8 CD . .. LINTON BOULEYARD . I @) I I I -' .. ------ ------C II: I- ,.. II: II) C III I- III - II: = ,. .~ BOYNTON BEACH/DELRAY BEACH '. - . , / f. 1\ 1', ~ '" I 'V ;'i f'; {] _. '~~-' y...,. - ' """.~ dl". 'I37c,ncE I eRa,:! FEB 1 4 1989 555 dOUt/:E,d 61/: C4"E., 0/,t. <JJe.Jf'0 '?\ / ,', h' -/ ! 91i~MA""R" (CC, 'LE,l"Y J-'"""" ,--I",;,,,. I"~,,t., ~ Jnl,", /JL {Jc.. -~ /'r:." _" ,('- il)".l~v."VlIJ7\.. E'CU. il,JUj'J I c' '- )1 Cc, / <J_ T c (", \ .j 1') /, <,- /~ '/ ,~ ,,', -I.e, . L;.J - " .;{ ''>, //( I P;'e"C'l< 'i'-, I12ve Ii V HJ ill thJ .JDTrtUl1 ': ndrt'Dcntr;, ;,it ' " 555 ;o'r . 6th LVie. LJE:'l..r'c.-~.Y JJetLcn 1'01.' OVEl -10 ycc:rf:~" 1/(: 0 b J eeL V'I- J:_'J' mUch tu iJc:vinw L'XI J:.TIlii.L:_L ,j.hcJ tel:' (;'o"1\i t"l) next ClOOT' on tnE:; i..JcE:;.rlt:,t-~ _.L ~) ..... '._ __ Vro.pcrtjr. 1'he JluiLt:: <::::,110 Octor,S' ~f\'OJ!l thE (Jli[!1Ei.l run" h'i-Ll C;:cc ,jt_L..;' lCEJocn "tIlE' vf31uc oi' OLlr .J..:l'oLj~'..['t.y. i.jUr bUildinc k:C'YS t,:::xes (;e:'Cll ,'/1 Z)], oi' wel1- UVC:L' IUC),rJOu.nu. .1.. L (~.':=; Re- do nu~ =let this hh~p(:n to us. iJlJl(;L:"!::'t,J..i "1: It.. f;/ '(J /-<'-7' '/ -L, A,--, '-<..... ' 7 ' - (/ IX fi~ /).,.., p '} , f '" l,,' ;r fl~ ,"7 ,., "", / d ~I .",." ," 17J..t. Aave s"'/) 1)0' s""" f)",v1'- (" r,r 0"'.' "e ,. ":" ;r,.,.,'""' : ~!.. ,J d ,t,r """ r'c,' /h,- ,..~+ ,-- 'rr"" I -' ~,.,J ~ f"~K ." , f" 1"'" ,r ,,,' N )., ~h" ~, ,," J" f. r,,-" D :!" ", ).,., ~,., J,,"" f"' F'" ~,+, .' -,,-( ",.~ ,,,,,;, .,.... ,,_, r" ..." .+' ,-' ~< ,,- "~'I " r ". ,..' "," ~. ,,_ 'Fr'" ..' ,'" f'" -;'/'1" ,r ..,._,/,"" ".... -' co.'< 4,r" D . d. .J~ ~ '" (_J._d-' ~ ~ ;::::. ,,->0~ J-.-' &-- -::::J.> j;;:'~ ~ ~ ~ .llV'-~. ~--;,. "-' '- . . ,,~,~- ;;____ ",,:!J'l!;r p~' .. ~ ~... -- _ ~.rwr .J:' ~ .lNGS pO C.,Rl · 341 _ I. ,. O(LRA' 6('C', 'L ...... 3:"'1 g--ji i") F' i'l ~ Ie F: ~:.: fO(J'j '_JU _v - . ;, America the Beautiful USA 15 fN. vd. On? . fte,,~C Sf~"""<'- ... /)~I-tel'l( c~ fry ~',.. A rr JCO'~""'; SSI j,I.v e ~ ..s [)o w.vT Ok} If} fi~ 1/. )1..1"1' /, .' .. ,.,. v . e !Jc:w i. /1j<""'f ,- C,'r7/IAf..i!... CBe""c.A PLA 3.'3<1''7''-i D-eL-.I?.,/, I ' I (':,,-:? r ("[:_ir,'1.':".ii, () ~'~ F .':. I t; (~.' i ~ r ,I ! : r. .r";.1 , ~~ ( ., " "." C , , !"::;;}i;:)i ;)..1 h ,~ February 11. 1989 - Wal ter Barry. City Manager, 1.{ 1', lIt,( Ii j.,' D 100 N,W, 1st Ave" FEa 14 1989 Delray Beach, Fla. 3J48J CITY MAN;<.Gr-" Dear Mr. Barry, I( .) OFFiCt As I understand it, the City Commission. at its meeting on Tuesday, February 14, 1989, will be diSCUSsing a oropOsed concH tional use for an animal Clinic on the former Orkin property Which is owned by Mr. Leonard Surles. The purpose of this letter is to eXpress my oPPOsition to allowing an animal clinic to OCCUpy this ~)roperty . 1. lVlrs, Perkins and I have owned in The Barrton since 1977, /Ie have noticed that 'Nhen we have heavy rains, the whole rear of the Surles property floods. Some of this flood water drains on to property on 7th AVe. A health hazard COUld result if residue left by animals is washed onto other proper~y. 2. MaYfair Animal Clinic (the Clinic that wants to locate in the Surles property) is presently located down the street from us on 6th AVe. ,then You walk by the property, you can distinctly hear dogs barking and can get an unpleasant Odor, 3. The vetefinarian stated that at times, he has 5 dogs in' the Clinic oVernight. They ar" unattended which COuld caUSe another noise nusaance. fJ 4. The owners in The Barrton pay in eXcess of pIOO.OOO. yearly in real estate taxes, HaVing an undesirable bUsiness next door WOuld certainly have an impact upon the valus of OUr property. 5. The Barrton Apartments is home for 10J families. It is trUly a residential community _ no leaSing is allOwed and we have strict rules conCerning OCCupancy. It seems to me an animal Clinic shOuld be situated in a commerCial area of the city and not right up against a fine residential bUilding. I ask you to vote NO in allOwing a Conditional use of the Surles property for an animal Clinic, Sincerely, .c,(~ /f, ~ -----" -.---.....----- ---.- -- --. -- -.---..- itl5 Mop!! E. Sharpley 555 S. E. 6th Avenue Delroy Beaeh., Florida 334.. n ~ 47, (" /9' --79 ,/ -f....(J.l-U {.).~ f / 5 f0( 0./'--- ~~:L: ' / I. , 4]"4..~ J \, . 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I \ EEB '131989 I10ca Qaton Community Church I CITY IVll\i,,,u,,":' UFflCE , 'Bibletown Bibletown Canada " Post Office Box A Box 286 th J CHURCH MINISTERIAL Boca Raton, Florida 33429-9000 Unionvilte, ONT., L3R 2V3, STAfF (407) 395.2400 CANADA DONALD R. HUBBARD Senior Paslor February 10, 1989 ARTHUR H. LARSON Associate Pastor Walter Barry, City Manager JOHN SHEV Mr. Minister of Music 100 N,W. 1st Ave. KENNETH MAHAN Delray Beach, FL 33483 Youth Pastor STEVE ROSS Dear Mr. Barry, PastorjC&CjMiddle School ROBERT TENNIES As owner of one of the 103 apartments in the Barrton Minister of Children Condominium at 555 S.E. 6th Ave., immediately adjacent WARREN HOFFMAN to the Surles Property, I am appalled to think that our Director/Missions City Fathers do not have any more appreciation for the DAVID FLORENCE value of a piece of waterfront property than to give con- Business Administrator sideration to the potential of a smelly, noisy animal c 1 i n i...G~EN GANNETT Director (Super Seniors I am talking 50 feet from having to close my windows whether I like it or not. I am being forced into running air condition- ing whether I like it or not. The value of my apartment will be reduced considerably. The quality of life at the Barrton will be unquestionably downgraded. Dogs and cats are somewhat more intelligent than most people will want to let on or even know. If a male dog can walk by on the street and smell a female dog in heat inside of a house they are also smart enough to know the fright of approaching the smells of an animal hospital. What's the first thing they do when the owner lets them out of the car or just before getting into the car? You only need one guess. That's what will be rinsed on the ground by either rain or irrigation water. That's the smell. Have you ever had a barking dog keep you awake at night? I mean this is all night. Let's ask the veteranarian to construct an apartment in the building and sleep with his animals. Oh no, he's going home at night - There's no way he's going to stay there all night with that noise and smell. He wants some relief. Remember, the Barrton is being asked to spend all day and all night with his animals plus week-ends plus holidays and forever and ever. An Animal Hospital needs to be in an area that is not penetrated by higher class, residential properties exposed to constant unsanitary odors and disturbing noises around the clock. The humane societies all remain on the outskirts of the city and likewise that is exactly where the animal hospitals belong. "From you sounded out the Word of the Lord in every place." I Thes. 1:8 Page Two Feb,lO/1989 I would sincerely ask that you take a moment to enter into the reality of you (yourself) living under these circumstances after having paid a premium for a piece of property on the Intracoastal, only to suddenly awake to the possibility of the city allowing a 24 hour disturbance. Give us another 7-eleven, give us another Chevrolet Dealership, give us another Greyhound Bus Terminal, disturb us during the day but please not all day and all night. Surely you can come up with something better than that. Sincerely, David Florence ~ '0 ~ I , f~;:~ ~ ~ \ \ .~' \. ( c~ r > .,. ! I <J.....;.~ I ' \ \ I J I ( I \ c;;~ '\- ,~ I r I ( ! I ~o<' . \\ I I '_-?- I N I I ;- , ( i ~ I' -n..-.\--n_______~c...' CO> I I I \ I I ""- i , (~ - i I i , i (~ ---..--- , I / I C/'~ ~ I n-' ~ I I ,t'- , """,/ I ~~ I ;-> ~ , '~ .L I I I (0- I I ~ I (C" I I ! I.~ ---.... ! ': /' J~ i ( , , \~.. ( ~\ ( ~ i \ I , I ( I \ I \ I ( I L--J , , ( COMMISSION DOCUMENTATION MEMO TO: WALTER O. BARRY, CITY MANAGER ~ FROM: FRAN~~NCEI DIRECTOR DEVELOPMENT SERVICES GROUP DATE: FEBRUARY 9, 1989 SUBJECT: CONDITIONAL USE REQUEST CU-6-283; MAYFAIR ANIMAL HOSPITAL ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approving a conditional use request which will allow establishment of an animal hospital (veterinarian) in the Surles Building. The Surles Building is located along the west side of Federal Highway, between S.E. 5th Street and S.E. 6th Street I immediately adjacent to The Barton. If the Commission approves the requested conditional use, the attendant site plan should be referred back to the Planning and Zoning Board for review and recommendation. BACKGROUND: - The City Commission became aware that a veterinarian would be seeking establishment of an animal hospital at this location when it (the Commission) enacted a correcting ordinance which confirmed the existence of commercial zoning on the property. After the zoning matter was cleared UP, the contract purchaser applied for the appropriate conditional use , approval. A conditional use action also requires action on a site and development plan. While a site plan was submitted I it did not reflect compliance with codes and an upgrading of the site. However I the matter was resolved by testimony of the purchaser at the Board meeting. He stated that a complete site and landscaping plan will be provided and that compliance will be made pursuant to the staff report. The site is in a generally rundown condition. Upgrading of the site can be required through the conditional use process. Other uses (permitted) can occupy the premises without upgrading. Plannin and Zonin Board Rec endation: At its meeting of January 23, 1989, the Plann 'ng and Zoning Board held a pUblic hearing on this item. Representatives of The Barton were present and voiced their objections to the proposed use. Their objections centered upon: To: Walter o. ~arry, City Manager Re: Conditional Use Request CU-6-283; Mayfair Animal Hospital Page 2 In order to address . concerns raised by residents and to limit the proposed use to the scale represented by the applicant, Board members offered the following conditions to be placed upon the use request: * tha t the floor area for the animal hospital cannot be expanded beyond that which is initially approved; * that animals may be kept in the facility only for the period which is necessary to recover after surgery or other medical procedures; * that no boarding or outdoor exercise areas be allowed or provided. With the above conditions in place, the Board deadlocked 3-3 on a motion to recommend approval. Thus I the conditional use portion of the request is forwarded to the City Commission for resolution. If the Commission denies the request I the matter is dead. If the Commission approves the request, consideration of the site plan should be referred back to the Planning and Zoning Board. The Board then recommended, on a unanimous vote I to approve the rezonings as proposed in the staff report. RECOMMENDED ACTION: - Approval of the conditional use request for establishment of an animal hospital subject to the following restrictions (conditions) and referral of the site plan to the Planning and Zoning Board for review and recommendation: l. that the floor area for the animal hospital cannot be expanded beyond that which is initially approved; 2. that animals may be kept in the facility only for the period which is necessary to recover after surgery or other medical procedures; 3. that no boarding or outdoor exercise areas be allowed or provided. A copy of the detailed staff report is available for review in the City Manager's Office. /t ,t( ;'< PLANNING 8 ~ON I NG BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- JEETING [ATE: 3ANUARY 23, 1989 AGeD=I ITEM: III. D CONSIDERATION OF CONDITIONAL USE AND SITE PLAN APPROVAL FOil. MAYFAIR ANIMAL HOSP!" ITEM: ON THE EAST SIDE OF FEDERAL HIGHWAY. BETWEEN S.E. 5TH ST. AND S.!. 6TH ST. ., . . .. \ , GENERAL DATA: \ OWDer...........................Leonard Surl.. Le..............................J.... Grubb. ~ LocatiOD........................en the ...t aide of S.B. Ith . Av.nue. MOIeeII S.B. 5th Street ". and S.B. &th Street. Property Sla....................22.3&'.25 Sq.ft. (0.51 Acr..) City LaDd U.. .lan..............c (~ raW) City ZoaiDg.....................sc (Speclaliaed Commercial) Adjacent ZoaJ.Dv.................NOrth. aoutll and _at of the .ubj~ property 1. aoned SC. Eut 18 EODed l1li-10 (Multiple F.uly IlwelllDg Dlatrlc::it). Exl.ting Land V.................A bulldlDg OCCUPied b7 Surl.. Rug . ' Caapuy 18 located on the .1t. , Propo.ed Land V................ .Mayfair An1ul JIoapltal propoa.. to occupy the DOrthern balf of the bu11d.1nlJ Wat.r Servlce...................Ex1.tlng 2- wat.r ..In on the ITEM: 1Il. 1. east alde of Fed.ral Rlg...1' ..ryic'iDg tile .1t.. I Sewer SerYlce...................Exi.tiDg ~c ayste. OD-Sl~. j , ~~y ItIA I) CVJ.I: ...~ "'TII"',,~ c,U 1-. --..... ...........,.,.,; ....~&, .",,., I -.- ~ I ".,.rI6l1ew~ I I ,- r4lM1C ....'i I j , i I I ! \ ; I I , -- -- ~Il '''~ '0- f . .--. i .t '\ ; ~" .~ } ; If ~ , ~ . I I ! . .- '~:I. . ~~p' ~ ~ .. . ". tt l ',. 'S.... -t . "".. .!. 'C.., ~ ~: I ,I <~. I ::-.4' .,)' .__1_' ..It- ' . -- -, ..-. --------. -- . -- -.- -.,.,.,. .--,.~".o WoI. 1116N..4ItA.Y #IIA I) -- ......... 11/~/"Nfr6-;:- AIJW... ", . - ~ rl!l/NtfC,...,.,c", i I'.,.., ., f ./ ! t .If ~ n~ .e: II' . ....... . ....rc , I ~..i Ii l" .... Ii .... If'" 1'.11.. - . I ~~ ..\ ~ .' I ~ ~ f · ..~ , ~: .... <I~ .., ~ .. .. ~~ ' . I~- .. Ii! It~ . ..;; , I. I~l ~ ~ ~~ II Ii " I . '1 l r~ ! I . I or . . I I a~r. I ~~! ~u: I ,/ ~. ~ ~t. I - '!= , ",it I III . J I l. '\. ,.".,. .. ,."", . , ~......t-__._~ , ".,., ,""".,.,.." , 71. #!fIo .... .. .. .. ,. t~ i" .." ~t ~l ..: ~ ' ~ -~L ' ' l$~ ...' . .-p---.,. -- - , .- -- ENGINEERING DEPARIMENT *\'~ MEMORANDUM TO: WALTER O. BARRY CITY MANAGER THROOGH: FRANK SPENCE DIRECl'OR DEVELOPMENr SERVICES FRCM: )j Is t. GATES D. CASTLE, P.E. 'ASSISTANT CITY ENGINEER SUBJECl': N.E. 1sr STREE:!' DRAINAGE PROJECl' DATE: FEBRUARY 13, 1989 The highlighted p::lrtions of the attached February 13, 1989 letter from Hardrives outline the additional costs involved in suspending the subject project for up to 90 days. Including lot rental, the maximum additional =st is $7,402. The M:Jbili- zation and Derrobilization charge of $2/000 seems reasonable. The Maintenance of Traffic (involving proper barricading of the area where =nstruction terminates for the \IiOrk suspension) charge of $4,317.00 is difficult to assess, but from a safety standpoint it is worthwhile in order to assure proper barricading. The Contractor has previously justified the $395/rronth lot rental fee to this office I hopefully it \liOn 't be necessary as stated in the letter. It is Engineering's opinion that Hardrives has provided a reasonable price for suspension of the \IiOrk. GDC:slg Attachment (, · DRIVEWAYS. PARKING AREAS. STREETS. GRAOING . ROCK 8< FILL. CONCRETE WORK RDRIVES, INC. PHONE 278-0456 2350 SOUTH CONGRESS AVENUE RECEIVED DELRAY BEACH, FLORIDA 33445-7398 February 13, 1989 FEa 1 3 89 ENGINEERING DEPT. City of Delray Beach Attn: Mr. Gates Castle 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Sir: In response to Mr. Church's letter dated February 1, 1989, we are in agreement with the extra cost. However, several items were omitted. The Change Order for the two additional construction signs was omitted, as well as the cost of the bond, which will depend on the amount of the extra work to be done. It is also our under- standing that the $2,450.00 cost for the sanitary manhole will be billed directly to the utility department. We disagree with your opinion that the sanitary line which is in conflict with the storm drain is Hardrives' responsibility. If the storm qrainage can be moved and the sanitary line protected, Hardrives will do' so. However, as it now stands, the sanitary line is in direct conflict with the storm drain as designed, and either the storm drain has to be relocated or the sanitary line has to be relocated. Har- drives will not absorb the cost of the relocation of the sanitary line, should it have to be done. Jt!e addit:form..'E:Os~~losj~g-tile...jotTtef.Qr.::8~S-+~ ~ MobIDzi!t~za't:jon.~ $~;;OOe;oo Maint .'""U'f"'traff.4~~Qr.'cia:ys"" 1t';'3H~:01r T.otal' $61'S>f'7-ro0 _We:w~tr~oord ina te-"Ol1F&>WorJt-;slY-"tha~'the""rotTenta 1o"w.;:j.1,.,oot-- be requ,wed.=However ,'shou 1 d.;i:t;.-work.-out'tthat"ft'hiS-"cannot'. be "done l""-the- unit..;c:ost....,.,;U."''Sti'>l''l!> ile-"'tJj~% -::O&..,,-er.<-<month, ' ~ , g.......n ~.~ ~'~t1r_ w;letter=&;~ebnrarY.4"1II~989':'" Please advise should you have any questions. Yours truly, c..~~ ~D C. Merritt Bird Project Manager CMS: sd ENGINEERING DEPARTMENT M E M 0 RAN DUM TO: FRANK SPENCE .~ DIRECTOR DEVELOPMENT SERVICES FROM: )J~c... GATES D. CASTLE, P.E. ASSISTANT CITY ENGINEER SUBJECT: N.E. 1ST STREET DRAINAGE PROJECT DATE: FEBRUARY 9, 1989 As requested, I met wi th Vic Neal, Bob Costin and Ken Ellingsworth regarding the subject project. The purpose of the meeting was to discuss the possibility of suspending work on the project until after May 15th. I explained the project history, current status and various options available (such as leaving one lane of traffic open) . They were still of the opinion that work should be sus- pended until after May 15th. Hardrives has been requested to provide an estimate of additional costs that would be incurred if the job was suspended until May 15th. Once this cost information is received, the mat~er will be ready for Commission acti~n. GDc:slg . , /' f , . , , , "'i;.:~~.~.,. [ITY OF DElRAY BEA[H . '~~~~.:~"';':~';;:'.;.." .......... r.. ..... r. _.: . .. .,. '~.:':: CITY ATTORNEY'S OFFICE 310S,E.I"STREET,SUITE4 DELRA Y BEACH, FLORIDA 33483 4')] !.:!43. 7090 TELECOPIER 407/2784755 February 8, 1989 VIA FEDERAL EXPRESS Marilyn Y. Klein, Regional Attorney Unisys Corporation 11 0 Wall Street New York, t~ 10005 Subject: Unisys Settlement Offer Dear Ms. Klein: This will acknowledge receipt of your correspondence dated January 12, 1989 with regard to the settlement offer from Unisys Corporation. You should note that the settlement counteroffer in my letter of December 14, 1988 was in fact not drastically different from the concept of the settlement discussions that had gone on previously wherein I was a participant. Unfortunately I you were not able to participate in those early negotiations. Nonetheless, the rejection of our counteroffer and your "new offer" as contained in your letter of January 12, 1989 were presented to my City Commission at their workshop meeting of Tuesday, January 31, 1989 for direction to the City Attorney's Office and staff. .. As a result of' our discussions at this meeting of January 31, 1989, I have been instructed to inform you that the settlement offer contained in your January 12, 1989 is inadequate and unacceptable, and thus is rejected by the City. Furthermore I although it appears that the consensus of the City Commission shall be that the City Attorney's Office will be directed to proceed in whatever manner it deems appropriate, including but not limi ted to pursuit of breach of contract actions in the jUdicial forwn, the City Attorney's Office has been instructed to one more time endeavor to resolve this matter amicably. Specifically, it is my understanding that the City Commission would be willing to accept on behalf of the Delray Beach Police Department and the City Administration, a settlement of this matter wherein the City was repaid all swns which had been paid to either Unisys Corporation I Burroughs or D.M. Data since the commencement of the contrac~s for the supplying of software and hardware to the Delray ,eaCh Police Department. Apparently, -. -_..~------. --.-.... . Marilyn Y. Klein, Regional Attorney February 8, 3.989 Page 2 the City Commission would be willing to forego any claims for interest on the monies paid, as well our in-house consulting fees and training expenses in return for your full and complete payment of the sums paid for software and hardware and the contract arising out of the 1985 Request for Proposals. Although it is my understanding that this sum amounts to approximately $250,000.00, the exact amount can be obtained by contacting Major William Cochrane at the Delray Beach Police Department. If this last-ditch attempt at an amicable resolution of this matter is acceptable to you in concepti and' once the exact figures are obtained, it would be my proposal that the sum be paid to the City by wire transfer at a designated date and time at which time the City of Delray Beach Police Department would permit representatives from Unisys to come to the Police Department facility and collect all of the equipment which was supplied through the 1985 Request for Proposal contract. We will need approximately 90 days notice of the effectiveness of this transfer of funds for equipment. It is hoped that you will seriously consider this proposal and that you will respond to me in writing on or before 5:00 P.M. on Monday, February 13, 1989. If we have not received your acceptance of this settlement offer by that time or if we have heard nothing from you further, this matter will be scheduled for the City Commission meeting on February 14, 1989 for full authorization to proceed in whatever manner is appropriate for the City to not only recover any expenditures that it has made against Unisys, but also for its indirect costs, interest, and any other measure of damages which may be appropriate, as well as attorneys fees, if applicable. Your prompt consideration and response to this matter would be appreciated. Sincerely yours, OFFICE OF THE CITY ATTORNEY CrTY OF ~Y BEACH, FLORIDA ."..' By: .' ~~ t? C~~~{-1: Herbert W. A. Thiele. Esq. City Attorney HT:sh cc: City Commission Walter o. Barry, City Manager Chief Charles Kilgore, Delray Beach Police Department Richard Zuccaro, Information Resources Mqt. Director Major William Cochrane'Delray Beach Police Department Tina Lunsford, Delray Beach Police Department . 1 EITY DF DELAAY BEAEH <. 1- CITY ATTORNEY'S OFFICE 310 S.L 1st STREET, SUITE 4 DELRA Y BEACH. FLORIDA 33483 4071243.7090 TELECOPIER 4071278-4755 ME.'10RANDUM Date: February 8 I 1989 To: City Commission From: Susan ~. Ruby I Assistant City Attorney Subject: FORM LANGUAGE OF SPECIAL WARRANTY DEED/OLD SCHOOL Prior to Closing on the Old School I our office wishes to apprise you of and obtain your approval of certain language that is proposed to be included in the Special Warranty Deed we are to receive from the School Board. As you may recall, the School Board required a reverter clause in the deed wherein the property would revert to the School Board if the property "ceases to be used for civic, public or governmental purposes in the future.... . .. Our office has a concern that certain commercial ancillary uses li.e. outdoor or indoor cafe, art supply store. etc. ) , if permitted to lease space from the City, would trigger the reverter clause. Our office contacted Bill Hukill regarding this matter ahd he indicated that he would agree to change the language, wherein the property would revert to the School Board if the property "ceases to be used for civic, public, governmental purposes or ancillary not for profit uses in the future....... He was firm in his requirement that no part of the complex was to be used for commercial profit-making purposes. Subsequently, after Mr. Hukill and our office talked with the School Board's attorney, the attorney indicated that they would consider a contract addendum that would survive and not merge into the deed which would permit ancillary commercial uses upon School Board approval. If this addendum is formulated prior to the meeting of February 14, 1989, I will forward it to you for your approval. At this time, our office, prior to Closing, seeks your approval of the original reverter language and the concept of School Board approval of ancillary commercial uses on the site. , . t l f' I . City Commission February 8, 1989 Page 2 Please do not hesitate to contact me should you have any questions or concerns regarding this matter. By copy of this memorandum to the City Manager, our office requests that this matter be placed on the City Commission's February 14, 1989 ~ S :rg cc: Walter o. Barry, City Manager .... - , /' " MEMORANDUM TO: Walter O. BarrY, City Manager THR<XJGH: Frank Spence, Interim Director of Developrent Services )JA~ FRCM: .(-<;v Gerald B. ClUrch, P.E" City Engineer q /~t&, /8 f S~: Proposed Capital Improvements Projects streets and Drainage 'n1e following is a list of suggested capital improvement projects that may be considered for funding: 1. 'n1e Northwest Storm, ~ge Project - total $2/060/009. i Phase one - trunk line l.n NW 2nd st. to outfall canal .;. $628/000~:. 2. Widen SE 10th st. to four lanes fran Federal Hwy. to' Swinton Ave. $400,000. 3. street resurfacing and reconstruction - $500 I 000. per year. 4. Street and drainage improvements to annexed areas in the vicinity of Germantown Rd. and Silver Terr. - $900/000. (these i.roprovements would be coordinated with the water main and sanitary sewer main extensionsl 5. Resolve to canplete the present stonn drainage projects as listed in the Utility Tax Bond Issue - $250/000. 6. Tropic Palms stonn drainage i.roprovements - $250 I 000. 7. Alley reconstruction downtown area. All alleys bebleen Swinton Ave. and NE 6th Ave. fran SE 1st st. to NE 1st st. - $250/000. 8. Widen GeI:mantown Rd. fran SW 10th st. to Linton Blvd. (this is actually a county project but may warrant consideration by the City, possible a repayment arrangement could be worked out, if the City wanted to advance project). GJ3C:slg cc: 'Robert A. Barcinski MEMORANDUM TO: WALTER O. BARRY CITY MANAGER THRU: FRANK SPENCE DIRECI'OR DEVELOPMENT SERVICES FRCM: y GERALD B. CHURCH, P.E. CITY ENGINEER SUBJECr : SUGGESTED PRQJEcrS FOR ENGINEERING DESI~ DATE: DECEMBER 12, 1988 In response to your request to provide a listing of proposed paving and drain- age projects that maybe designed in anticipation of receiving funding in the near future I we submit the follOwing projects for your consideration: PROJECTS EST. CXJST 1, Four-Lanes S.W. 10th st. fran Dixie Highway to Congress $ 2/000,OOO:t Ave, (Involves modifying 1-95 overpass) (Very approximate) 2. Four-Lanes S.E. 10th st. fran Federal Hwy. to 400,000 Dixie Highway. 3. Four-Lanes Swinton Ave, fran N.E. 1st st. to 400,000 N.E. 4th st. 4. Complete N. W. Stonn Drainage Proj ect 1/930,000 5. Four-Lane Germantown Rd. fran S.W. 10th st. to 400,000 Linton Boulevard (County Project) 6. Reconstruct alleys in the downtown area from 300,000 Swinton Ave. to 6th Ave. between the one-way pair. 7. Reconstruct N.E. 7th Ave. from Atlantic Ave. to 85/000 N.E. 1st st. 8, Construct Marine Way complete with =b and gutter 85/000 wide enough to accorrodate parallel parking for Marina from S.E. 1st st, to S.E. 2nd st. . . Suggested Projects for Engineering Division December 12, 1988 Page Two 9. Design downtown Stonn Drainage System # 3 $ 2/060,000 10. Design remainder of Swinton Ave. Drainage Project in 300,000 Seacrest Blvd. 11. Design Bass Creek Stonn Drainage 150,000 12. Design Tropic Palms Stonn Drainage 250,000 13. Four-Lane Lake Ida Road from Congress Ave. to 2/000,000 Swinton Ave. (County Project) 14. Reconstruct N.E. 2nd Ave. as an urban section 500,000 from Atlantic Ave. to N.E. 4th Ave. 15. Downtown Improvements: Screens for newsracks Improve Lighting for Downtown Parking Lots, Repair /replacement of =n=ete sidewalks on 1st, 2nd I 3rd and 4th Aves. ,resurface 1st, 2nd I 3rd and 4ath Ave. between N.E. 1st st. and S.E. 1st st. 250,000 (Alternate-complete reconstruction of these roads, Urban Section, with =b and gutter). 16. Construction of the by-pass routes as an urban sections with three lanes and sidewalks 750,000 17. Intersection Improvements of N.W. 2nd St,/N.W. 8th Ave.; N.E. 8th St./Dixie Blvd. N.W. 4th st. /Lake Ida Rd" Del Ida Park-Misc. Inter- sections; N.E. 8th St./N.E. 2nd Ave. 300,000 18. Reconstruct Roads - N.W. Area* 113/000 Reconstruct Roads - N.E. Area* 1 09, 000 Reconstruct Roads - S.W. Area* 89,000 Reconstruct Roads - Beach Area* 107/000 19. Prepare Improvement Plans, Water I Sanitary Sewer, Paving I Drainage I Sidewalks for annexation. 1/000,000 20. Add 200 ,000 for Street Resurfacing Program. 200,000 Engineering fees are estimated to be 7.5% of the project cost. With $100,000 available the City could have plans prepared for projects totaling $1/300,000. * See Attached List GBC:slg LIST OF ROADS TO BE RECX:NSTRUCl'ED BY AREA RECONSTRUCT ROADS- N.W. AREA Kings Lynn (Aylesbury Rd. to Enfield Rd. ($17/000) N.W. 13th St. (N.W. 4th Ave. to Lake Dr.) ($29/000) N.W. 2nd Ave. (N.W. 9th St. to N.W. 11th st.) ($27/000) Lake Dr. (N.W. 4th Ave. to End) ($40,000) RECONSTRUCT ROADS- N.E. AREA N.E. 14th St. (N.E. 2nd Ave. to N.E. 3rd Ave.) ($37/000) N.E. 10th St. (Swinton to N.E. 3rd AVe.) ($72,000) RECONSTRUCT ROADS-S.W. AREA S.W. 7th St. (S.W. 15th Ave. to S.W. 17th Ave.) ($7,000) S.W. 8th St. (Swinton Ave. to S.W. 4th AVe,) ($46/000) S.W. 11th Ave. (S.W. 10th St. to S.W. 8th st.) ($36/000) RECONSTRUCT ROADS-BEACH AREA Seabreeze Ave. (Atlantic Ave. to No. End) ($53/000) Bronson Ave. (Atlantic Ave, to So. End) ($20,000) Nassau St. (A-I-A to Gleason st.) ($28/000) PROPOSED 1989 RESURFACING PROGRAM Street Limits Length Grove Way NW 3rd Ave. to Swinton Ave. 950 LF NE 16th Court NE 2nd Ave. to Swinton Ave. 680 LF NW 4th Ave. NW 22nd St. to South End 500 LF Palm Trail NE 8th St. to NE 5th St. 1200 LF Periwinkle Lane NW llth St. to North End 480 LF Rye Lane Enfield Rd. to Lake Terrace 430 LF Salina Ave. Atlantic Ave. to South End 500 LF Seacrest Circle North Northridge Rd. to NE 2nd Ave. 730 LF Seacrest Circle South NE 2nd Ave. to Northridge Rd. 850 LF SW 10th St. Swinton Ave. to SCL Railroad 5900 LF SW 6th Ave. SW 4th St. to SW 10th St, 2650 LF Thomas St. A-I-A to ICWW & Seabreeze Inter. 1650 LF N.W. 7th St. NW 3rd Ave, to NW 8th Ave. 1700 LF Total: 18,220LF Note The streets listed are considered the highest priority as determined from the 1987 Pavement Management Study. This study covered approximately one-half of the City east of 1-95. It is expected that the completion of the Pavement Management Study for the rest of the City east of 1-95 will be completed by December, 1988. There may be changes subj ect to findings from the proposed Pavement Rating Study, which will also include areas annexed into~he City. The list includes S.W. lath Street for resurfacing from Swinton Avenue to the Seaboard Coastline Railroad, which should be considered tentative subject to obtaining funds to reconstruct and widen S.W. lath Street to four lanes. 07-21-88 MEMORANDUM TO: Mayor and City Commission $17 FROM: City Manager~~g SUBJECT: ADDITIONAL AGENDA INPUT DATE: February 14, 1989 Item 14 suggests that the Chamber of Commerce has requested a 90 day delay in construction of our 1st Street storm sewer project. I was informed by the Chamber that is incorrect. In fact, the Executive Secretary of the Chamber and two business representatives met with staff. Mr. Neal, Mr. Costin and Mr. Ellingsworth requested that this item be placed before the Commission, however the Chamber of Commerce has not formally taken a position. Item 17 involves interim financing of a number of short range capital programs and projects. Initially this was presented on August 22nd as indicated in the attached memorandum in your packet. Comparison of costs and projects then with those costs we know of today are as follows: Project/Program 88 Estimate 2-89 Costs ~ . Tennis Center $ 600,000 $l,029,000 +- ,j.( Lake Ida Land Acquisition 400,000 275,000- City Hall Expansion 500,000 850,000 t Love Property 400,000 400,000- Old School Square 300,000 300,000f' Veterans I Barwick and Miller Park and Golf Course Improvements 350,000 350,000 - Paving and Drainage 450,000 450/000- Housing Revolving Fund 100,000 100,000 - East Atlantic Avenue Improvements N/A 965,000 -r ~.l.~ Total $3,100,000 $4,713,000 'It (.. 2 fto-vi) We had thought that the Tennis Center project could be offset somewhat by recreation impact fees. Those recreation impact fees have been utilized for acquisition of the scrub land property and purchase of Old School Square this year. Our future recreation impact fees can be repaid to offset the bond or interim financing costs. We have specific projects identified in Veterans and Miller Park and on the Golf Course as well as specific paving and drainage projects. 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CO ... 0 CO ... ... n " " " 0 ..... <: .....0 0.0 en El CO CO en " ~ ... . }-q...", N \.JI ..... ~ CO en " ... N "Q'\"'\OOO"\.JI~+:--N\.JIO'I\O " " ... 0 0 ::r N Q\.JIlJ'lQ\.JIWOWOOOQOOl..l'l 0 " .."CO 0 0000000000000 ... I .." ~t'""'i~('"'I~t'""'t""1t'""'t'""'t'""'t'""'t""'t"'" r-< I-rjl-rjl-rjl-rjl"rjl-rjl-rjl-rjl-rjl-rjl-rjl-rjl-rj I I I RECEIVED MEMORANDUM FEB 1 4 89 COMMUNITY SERVICE TO: Bob Barcinski Assistant City Manager/Community Services FROM: Joe Weldon Director of Parks & Recreation RE: CAPITAL IMPROVEMENT PROGRAM DATE: February 14, 1989 Per your request, the following is background of various capital improvement projects: MILLER PARK - The Baseball School has 48 months from the time we bring the fields to rough .grade (9/22/87) to commence construction of the major league and mUltipurpose field. I recommend we develop this complex similar to the renovation of the stadium field - i.e. contract with The Baseball School to do the construction and reimburse them. The project is too interrelated for both the City and School to make improvements. Funding requested is as follows: 1988-89 $ 50,000 well, irrigation and sod 1989-90 $ 40,000 backstop, clay, bleachers etc. 1990-91 $120,000 concession stand, lighting, parking lot etc. TOTAL $210,000 GOLF COURSE - The capital improvements listed below are included in the RFP and would be the responsibility of the management firm if City Commission leases out the golf Course. 1989-90 Replace restrooms behind #6 green ($30,000 _ $40,000) 1990-91 Replace two main shelters ($20,000), renovate restroom adjacent to #17 tee ($10,000 - $15,000) 1991-92 Master. Plan for future golf course improvement ($23,000 - $28,000) 1992-93 Drainage improvements for 1st tee and driving range ($15,000 - $20,000) 1993-94 Tee widening / cart path addition ($5,000 _ $10,000) ~~1iL(Ir;crrJ (Sf~ TOTAL $103,000 - $133,000 plan - j peaf<- BARWICK PARK - Phase IV (Park Center, restrooms, park entrance, etc. ) is currently under construction and completes the physical improvements of the master plan. The master plan includes planting with some native Florida plants ($65,000), that, if done, would not be scheduled until 1992-93. Mr. Barcinski Capital Improvement Program February 14, 1989 Page 2 VETERANS' PARK - So far, there has only been a conceptual site plan done for Veterans' Park. The plan calls for linking Veterans' Park to the Marina via Marine Way Promenade. Total improvement costs estimated by the consultant is as follows: Veterans' Park Improvement $1,559,750 Marine WaY/Marina Improvements 648,230 Overhead and Contingency 712,074 TOTAL ESTIMATED COST $2,920,054 In the capital improvements budget, I requested $35,000 in 1990-91 for site plan and engineering and $500,000 in 1991-92 for improvements to the park. There are no detailed engineering estimates but I would imagine a minimum of $200,000 would be needed to begin the project. Parks & Recreation JW:jh REF:JW099 MEMORANDUM TO: Mayor and City Commission FROM: City ..~.e4!f,.- y SUBJECT: INTERIM FINANCING PROGRAM DATE: February 10, 1989 At your workshop meeting last week discussion was held about projects which were to be included in the interim financing program. Commission has authorized the Lake Ida Tennis Center, City Hall Expansion, East Atlantic Avenue Improvements and Old School Square to be a part of the interim financing package. A portion of the Lake Ida Tennis Center construction costs will be taken from current recreation impact fees. In addition other projects previously identified at your August 26th workshop included acquisition of property at Lake Ida and Roosevelt, acquisition of the Love "barracks. property, improvements to Veterans, Barwick and Miller Parks and to the Golf Course, additional paving and drainage improvements, and the revolving loan fund for housing. A budget amount of $140,000 is 1ncluded to cover partially your debt service costs for a note anticipated to be 3.l million dollars. It was recognized at the time that implementation of these programs "would occur primarily after January 1989 and the draw would be staggered for the remaining three quarters of fiscal year 1988/89". I have attached a copy of a August 26th memorandum from the Director of Finance for your information. WOB:nr Encl . . f " ItJ DEPA, TMENTAL [ITY DF CORRESPONDENCE DELAAY BEA[I "0 Rob." A. """.k!, "''''.n, C'oy ......" ~ ~ ' Management Services Group FROM ~)avid K. Huddleston, Director of Finance ' ~~ Capital Improvement Program Plan - Commission's Budget Workshop SUSJECT of August 22, 1988 DATE 08-26-8: At the Commission's budget workshop on August 22, 1988, it was the consensus of the Commission to proceed with the following projects: 1. Tennis Center ($600,000) 2. Lake Ida Land Acquisition ($400.000) 3. City Hall Expansion ($500.000) 4. Barracks ($400,000) 5. Old'School Square ($300.000) 6. Veterans Park, Barwick Park. K1l~~r Pa~k;and Golf Course ($350,000) 7. Paving and Drainage ($450.000) 8. Housing ($100,000) . , . In order to finance these programs, the Commission agreed to establish a financing plan which would allow a line of credit or a draw from a pool so 41- 'Zl that the City would only have to pay interest on IIIOnies actually drawn. .,~/~ The estimated cost for the debt service on these projects on an annualized ~;~DOO~qbasis would be $340,000. However. the impact for fiscal year 1988-89 would ~~~ be substantially reduced due to the schedule of projects and the delay in actually drawing monies from a line of credit. It is conservatively anticipated that the City's implementation schedule for these programs would occur primarily after January 1989 and the draw would be staggered for the remaining three quarters of fiscal year 1988-89. Therefore. adjusting for the expected draw schedule, the debt service impact for fiscal yefr 1988-89 would be approximately $140,000, _ Based upon Commission's direction, staff could proceed after final formal budget approval to work with various financial institutions to secure a financing agreement. The Commission would need to advise staff whether to seek competitive bids for this line of credit or have 'staff seek proposals and the Commission could select an institution and have staff negotiate the terms and conditions of the line of credit. During this process, the City administration could commence with developing specifications so that these projects could go out for formal bid. which would facilitate the award of these contracts at the earliest possible date. The actual terms and conditions of the line of credit would then be brought to the City Commission for their approval. ' DMH/sam cc: Yvonne Kincaide, Budget Director ;I t ~.. ",-..., Tuc t= C~"'H"iT Ii I ,^,,., v, 1\11 ^ TTr-DC "-_..---- , . . . j , 1 ' . ~;;.:.:z..:~.~....,;......~. : ... .:-.~ _. I ~~__...:._-.:.:.:..:.~~ , 'In ". . I .- '. . . )hc~ Jlz$ro.-) . . * ,;Li.:i' U JD kit. "U~ h i:kJJ.... ?' I '1 gy ) f)UM.ra- 'i' AJ~-jfJ'lJJ-L ----- ~~ 71A.V~ 7}/Jr d:k-l.~{~-t-I ~~ tJ~J I @LJ. J /Arou.M PL 1; jJ-e~, -rcd4u.- t;;'C~--I /!:;,zJ:~ OJA-~. ~~, ~}f.~ ~QL ~'Ut<-ell ' fA OU1/'L.We.. C[B.../L , p}ffi;Ll '6-ocuJt 0 f( ~, (,:J.~~<t ~'t<c~ I)' ~f LfOv.- -!"YD~~J ,AUiJ!. &-fe~" l' J-cztA.>, to f~ ~~f./!.l' " ' c)' 4U2Vc Eb1 J "~~ ~~rrugM;;; (~.~~0~) 470(<,,) Seattle ,/.'-., /~ Department of Parks and Recreation Charles Royer. Mayor Walter A. Hundley, Superintendent January 14, 1988 Ms. Nancy Da Villa, City Horticulturist 100 Northwest First Avenue Delray Beach, Florida 33444 Re: Atlantic Avenue Streets cape 0", N.",,*, ~~. Thank you for meeting ith me at the Colony last week to talk about the City's plans for the re velopment of Atlantic Avenue and its relationship to the Colony. I enjoyed your alert and open-minded attention and thoughtful consideration, We at the Colony are pleased that the City's streetscape planning is proceeding so well. We support your work in the conceptual planning and design for a distinctive identity for Delray Beach with a historic character that seems most appropriate, especially in light of the recent work towards historic preservation by the City's new board and the local Historical Society. The final schematic by Sasaki Associates apparently represents a good public process as well as thoughtfully conceived recommendations, I would like to go on record in written form about several of the issues that we discussed last week. First, I would like to formally reauest that coconut palms be pJ2nted in front of the Colony (instead of the deciduous trees currently indicated in the schematic), This would be in keeping with the coconut palms that historically were planted in front of the hotel for the past half century, at least prior to the latest DOT demolition, Second, we would like to have the opportunity to install electrical conduit for landscape lighting and for irrigation lines to our planters in front of the Colony when the sidewalk is replaced for the streetscape improvements. I will be back in Delray this spring to make plans if we decide to do this, John Banta and/or my mother, Mrs. George Boughton, will be signing the two forms requested in your January 4 letter relating to sidewalk easements, Finally, I again recommend against any shrub plantings in the Atlantic Avenue streetscape area that are not directly adjacent to building facades or serve as a hedge screen for parking (which locates the hedge in the same relationship to the curb as next to the buildings). Atlantic Avenue is so narrow that any shrub plantings between pedestrians on the sidewalk and vehicular traffic is a negative physical element in the streetscape. Not only are these shrubs adjacent to traffic continually buffeted by the Seattle Department 01 Parks and Recreation, 100 Dexter Avenue North, Seattle, Washington 98109.5199 (2061625-4671 Board of Park CommisSOoners: Harvey SPoil, Ct>airman Karen M Morgan, Vice Chairman I,~'chael J DeFranco R Kana"iaupunI Ho~ea, 0 L Mitchell. Beckey 0 Sukovaly, Jane B Sylvesler Ms. Nancy Da Villa January 14, 1988 Page 2 vehicles, they also present areas of considerably increased maintenance. With maintenance dollars always in shorter supply than capital improvement money, shrub beds that will collect trash and require trimming, fertilizing and watering (a natural resource Florida can ill afford to squander) are an unwanted and ill-conceived design addition to the current plans. In addition, the shrub beds ~s proposed at the intersections, detract from adjacent storefronts and create an atmosphere of a physical barrier between the storefronts (which are the ultimate destinations) and the potential customers who view the stores, first, from their cars. Current opinion in urban design supports this opposition to planting shrubs in downtowns between cars and stores. I ask you to save money and trouble by eliminating ground plantings, except for trees, adjacent to the curbs. The streetscape can quickly become cluttered with the necessary site furnishings of a downtown, i.e., newspaper stands, trash receptacles, mailboxes, sign posts and benches. Shrubs and seasonal color can enliven the streetscape from the building facade thereby focussing attention on the stores, not the street, I look forward to talking with you in the near future about the progress of the City's design for Atlantic Avenue, Thank you again for your interest and attention, ena Boughton dscape Architect for the City of Seattle Department of Parks and Recreation Vice-President/Secretary, Boughton Hotel, Inc. JB:pk (~ f7J... ~ ~) DI7:NANCY,DOC cc: Ken Simback Matthew Gracey Jr. Tom Lynch Clemmer Mayhew John Johnson John Banta MEMORANDUM TO: WALTER O. BARRY - CI~>~ER~ FROM: FRANK R. SPENCE - DIRECTOR, ~ OPMENT SERVICES SUBJECT: ATLANTIC AVENUE BEAUTIFICATION PROJECT PHASE II DATE: FEBRUARY 10, 1989 This memo is to formalize a number of verbal statements that were presented to the City Commission at it's workshop meeting on February 7, 1989 by the City's consultant, Sasaki and Associates I Inc., and City staff relative to the status of the Atlantic Avenue Beautification Project Phase II, the future anticipated project costs and certain decisions that the Commission must make relative to tree materials. The original plan, approved as part of the master plan, calls for Heritage Live Oaks between 5th and 6th Avenues, with 16 foot Royal Palms from 6th Avenue to the Intracoastal Waterway. Since the master plan was completed, and especially from the most recent cost estimate in April 1988, the cost of palm trees has risen significantly and the supply greatly restricted. In addition, staff was requested to consider substituting palm variety trees for the oaks between 5th and 6th Avenues based on the concerns of the Colony Hotel. Historically, their Atlantic Avenue frontage has been lined with palms and they wish to retain that historic look. At the workshop meeting, visual documentation was presented for Royal Palms of 16 foot and 20 foot height, and for Washingtonia Palms 12 foot and 20 foot height. Per Commission's request, cost estimates of the various types of trees are attached. It should be noted that project costs are based upon recent bids for Phase I as well as the current status of design. In addition to cost, high demand for these trees has reduced the supply of the various palm trees of the sizes needed. In order to insure a sufficient inventory during construction, the City should pre-purchase all tree materials. This would also lock in prices at current levels. It should be noted that if Live Oak Trees are selected, there is an additional cost of $600 for the steel tree grates which are required to be installed with these oak trees. Therefore, a 16 foot Live Oak Tree installed with grates would have a unit cost of $1,100. This is very close to the $1,150 cost of a 19 foot Royal Palm Tree. Also, because of the size and ou~growth differences between the use of Live Oak versus a coc~ut Palm, if the 11 Live Oak Trees were not used, then it woul, require 17 Coconut Palm Trees to fill in the proportionate space. Atlantic Ave Beautification Project Phase II February 10, 1089 Page two Attached for Commission consideration are 3 different schemes which present various combinations of trees to be used in that scheme as well as the unit cost number of each of the types of trees recommended. Scheme A includes 11 Live Oaks between 5th and 6th Avenues. Scheme B is with the Royal and Washingtonia Palms throughout. Scheme C is with Coconut Palms between 5th and 6th Avenues. For the record, Sasaki Associates does not recommend Scheme c. Commission will also note that upon closer scrutiny of estimated project costs, that the estimated range at this time is between $809,912 and $871,465. DECISIONS REQUESTED: 1. Selection of a scheme. 2. Selection of the type and size of palms with it's attendant project cost. 3. Based upon available funding, authorization to pre-purchase all tree materials as soon as possible. ~ FRS:DQ Attachment A:AtlAveII - I ,..",.,.; :' /,:':. . ).'.....,.,. '.. . : - ,'.~-- "- " : :.''. ...~~/~:-::../.:.;-:'". .'. '. ;f. "--:"':"," ..;;-, .,: , ' February 10 ,'1'98 9 pageth:r~e " ~;. .:.,,:>:,~:>. ,:: r::;" , :?< . ','. ''', ';~:" .;.::{:? '.'~~':, ~\:{, ;., ;."( ,~,"':! " . SCHEME A (w!LiveOaks Between 5th-and 6th Avenues) TOTAL PROJ COST TREE ''1Y1>ES HEIGHT UNIT COST NO. W /11 OAK TREES ~; -- - -- " Live Oak (w/tree grate-$600) 16' $1100 11 - Royal1>~111t , ',. ,., " 16' $ 750 59 $827,529 ' RQyal1>jilm'>>' ,19' $1150 59 $860,923 washing~ollia Palm 14' $ 600 59 $815,006 , Wash.:l.t'ICJ,ton.:i,aPa1m 20' $ 840 59 $835,042 I SCHEME B (Palm 'trees Throughout) 'l'REETYF-ES HEIGHT UNIT COST NO. TOTAL PROJ COST -- RoyaJ, Palm 16' $ 750 76 $828,449/ Royal :Pattl!"- 19' $1150 76 $871,465 Washington;l.a,Pa1m 14' $ 600 76 $812,318 Washington~~'falm 20' $ 840 76 $838,127 SCHEME C (W/CoconutPalms ~etween 5th & 6th Avenues) . TOTAL PROJ COST . TREE ~YPES HEIGHT UNIT COST NO. W/17 COCONUT PALMS Coconut Palm 16' $ 500 17 - Royal Palm 16' $ 750 59 $822,435 Royal Palm 19' $1150 59 $855,829 Washingtonia Palm 14' $ 600 59 $809,912 Washingtonia Palm 20' $ 840 59 $829,948 ..... ** NOTE: "'total' Project costs are interim estimates based on the level of design and include contingency and time inflation factors. Final costs may vary due to final design elements. ,. . /: .' ._10 MEMORANDUM TO: Walter O. Barry, City ~er 4 ~ ~-.-' FROM: Frank Spence, Development Services Director SUBJECT: SITE PLAN APPROVAL PIER I IMPORTS DATE: February 9, 1989 ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of a site and development plan for a proposed Pier I Imports, a stand alone structure. The project is proposed along South Federal Highway, north of Avenue -J- (abandoned) . It is directly north of the South Delray Shopping Center. BACKGROUND: - There are no unusual aspects to this project. The property is currently vacant. There has been a previous site plan approved (Tropic Isles Plaza) which has since expired. The City is providing for future cross-access relationships between this site and the property to the south. The applicant is responsible for obtaining easements for water and sewer facilities which exist to the south. PLANNING & ZONING BOARD RECOMMENDATION: At it's meeting of January 23, 1989, the Planning and Zoning Board recommended approval of the site plan subject to certain conditions. The conditions shall be complied with upon the next stage of processing which is the preliminary plat. The agent requested that relief be granted from a requirement to have a final plat recorded prior to issuance of building permits. The Board recommended that the condition be modified to provide that the preliminary plat be approved by the Planning and Zoning Board, and it be determined that there are no outstanding items which affect the ability .of the project to receive - . r , ~------- ~---..._--- --~- -_..._--_.._.~ --._-_.. ~ , services or which will require redesign prior to the issuance of building permits. RECOMMENDED ACTION: Approval of the Pier I Imports site and development plan subject to the following conditions: 1. Prior to the issuance of building permits, a preliminary plat shall be approved by the Planning and Zoning Board and a determination made that there are no outstanding items which affect the ability of the project to receive services or which will require redesign. 2. That verification from FP&L and Southern Bell be provided along with the plat submittal addressing the adequacy of the existing three foot utility easement. 3. It is the responsibility of this development to construct the access connection within the South Delray Shopping Center if an easement is granted prior to the issuance of building permits. 4. That specific approval be obtained from the City's Building Department for the proposed business sign along u.S. Highway 1. S. That the site plan be revised addressing the items 1,2,and 3 as detailed in the Technical review section of the Plan~ing and Zoning staff report, which summarized are: A. (1) Revise the landscape plan. B. (2) Revise the drainage plan. C. (3) Comply with revised building construction requirements as noted in building plan reviewers memorandum of analysis. A complete copy of the Planning and Zoning staff report is available for review in the City Manager's office. FS:cl Enc1 J ,. j: PLANNING 8 LoONING BOARD .. DELRAY BEACH CITY OF --- STfFF REPORT --- tEETING ~TE: January 23, 1989 ~ ITEM: IV. A. ITEM: SITE PLAN, PIER 1 IMPORTS . . . 4VE'.vVF . . , . .oC $? ~ .' ~ , . " . . '.r . to. ..~. , .. . ,. . ~ . 19, '" : .'. GENERAL DATA: " ~....~.......................l.r 1 x.port8 (U.S.J. IDe. ~~...........................D19by 8rLdge. D19br Bddve., _. .: Aaaoclate., P.A. ," taca~loa........................on the east .1~ of ~r.l 819_Y, be_ Duaar P1au &lid ,,' South ~lray Sbapp1D9 cent.r. Property 51.....................1.3.' Acre. 1'0,.'0.5 Sq. ftil City Land U.. P1an..............C I_relall C1~ Zoa.1D9........................................Ge CCJeDeral C:C-rcla1) M'&CeIlt IclIl1nv.................llorth of the _:Iact pr_rty ~' .oned SAD (5pecla1 ActblU.. Dbtrlctl &lid SC ISpeclalbed _relall. South 1. _ SAD. k.t 1. .oned 111-10 lJaalUp1.- Paa11y -l11nv Dlatrlctl &lid ....t la .DDed COWlty c:a (General _relall. Ba1at1Dg Land V.................v.cant land PZ'OpOIiecl Land u.................C0n8tructlOD of. 10,000 84. ft. !'ler 1 abop. Vater ..rvlce...................Exten.10D of t.be .. water -.in,OIl tile ...t alde of Federal 819hway aoutb &lid tapplnv loto the ,. .. _In OD the n,nth alde of South If ~lr.y ~lnv Cuter. ITEM: P. " .....r Service...................................... propo..l :'1. to t.i. 1Dto the exiaUIl9 .. aanJ.tary _r a.rvlelnv SOUth ~lral' Sbopplnv Center. ~- . '1 F G"j)lnel'll- , H/~IIW.4Y . ., /' . -- _. .u l --- - . ._- -----. " " ..,~ - -"" 'I -----.--- , I , ~ \- _... .",.~-..'- II ~. f I - 'f~'~ -.-,. ---. ,- J 'r . , . t 1--:-1 i l! iT I -l' I , I ~. I I i ' , r!. = l II'" .I ~ '" } \ ,J j I I HI ~ I. " 1 j 1'1 t I = tl I , I ' I . t--- ~ I \ I I I \ _~~_I: __ IIJI \ , \ . , \ \ I . .. ! ,R I : Ji ' .., , , il! f 1 . , J ,I" .. .. " ... , :: t ," \. - . . ~ ','t. e'" '. I .&'\ ~~ ~ , , -.. . , I 'fJ It . I 11 ... ~ .. .. J ~ ~ l .I, '1 ; I,../' , - . . . . , .' - .......-- . , r - . -' ~. . MEMORANDUM TO: WALTER O. BARRY - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: WAIVER OF FAMILY DEFINITION DATE: JANUARY 17, 1989 Attached is the back-up to the agenda item request for City Commission review as it relates to the six individual requests for waiver of the family definition. Each request for waiver has the individual hardship listed on them. It is my understanding that the City Commission will have to consider each request individually and provide their decision. LB:DQ Attachments A:Family.cc Lula2 " ,,-:. I:~ - :!: DEPARTM.....NTAL [_I'lf! Df CORRESPONDENCE D~lR~~ ~~n[H TO Lula Butler. Community Improvement Director ~~-@ FROM Richard Bauer. Code Enforcement Administrator'~ SUSJECTCITY COMMISSION AGENDA ITEM REQUEST FOR WAIVER OF FAMILY DEFINITION (1:.11 1/5/89 Under City of Delray Beach Code of Ordinances, Chapter 173. Section 173.001, Definitions, "Family," persons impacted by the definition of a single family "may request that the City Commission'waive the above definition on the basis that the definition causes undue hardship on such persons." Attached please find documentation for six single family residences where the occupancy was determined to exceed the limits of a single family per the ordinance. The documentation indicates the overall occupancy of each dwelling, those occupants for which a waiver is requested and a reason why the applicable party is requesting a waiver. In accordance with the above cited City Ordinance, the attached cases should be scheduled for a City Commission Meeting in order that the family definition waiver can be granted or denied by the Commission. Briefly, the cases are as follows: 1. Dorothy Weatherspoon, owner of 23 Northwest Twelfth Avenue. The current occupancy is seven individuals, three of whom fall outside the City's definition of single family - Case Number HC536-88. 2. Dorothy Weatherspoon, owner of 34 Northwest Twelfth Avenue. The current occupancy is seven, three of whom fall outside the ~ definition of single family. (Voluntary petition for waiver.) " 3. Luckner Deneus, owner of 311 Northwest Second Avenue. The current occupancy is six, one of whom falls outside the definition - Case Number G864-88. 4. Jean Claude Zennot, owner of 1124 Southwest Fourth Avenue. The current occupancy is six, four of whom are outside the definition - Case Number G848-88. 5. Juslaine Pierre, owner of 313 Northwest Second Avenue. The current occupancy is eight, one of whom, a brother, falls outside the definition of single family - Case Number G894-88. 6. Joseph Cannes Dorsonne, owner of 621 Northeast Third Avenue. The current occupancy is eight individuals, two of whom fsll outside the definition - Case Number G003-88, CEB 88-1901. RB:mh RECEIVED I - 89 cc: Frank Spence . " ~ 0 5 J' f' .' COMMUNITY/IMPROVEMENT THE EFFORT ALWAYS MATTERS ADMINISTRATION DIVISION eM 362 I It) '. , " ~ I I . . ~\:". :',,:~-{~-. :'/<i' '-,~~i.': :~~). <-:;";1.<_ . . .' .... ,,". " .'. . !.:- "", .~...,: . '. , . - ORD'INMfCE NO. 91-88 .' '. . '-.' .... ",,'- ",' '. ORD~CB 01' '1'BE CITY COIIMISSIOIf 01' TIIB CITY 01' . ~ ,,1\WT.1Il'lf.~~~~!'tORIDA, AMENDING CRAP'1'BIl 173. "ZCBIRG ,"<:aD1&....,SBCTtOlt 17:).001, "DBPINI'1':IOltS". OP TIIB CODE ':01'ORDIMMICIs O1''1'BB CITY 01' DBLRAY BBACII. PLOlUDA. BY,RBP~J'~G TBB DBl'INI'1':ION 01' "FAMILY" AIID BllAC'1':IBG ":', .'.DBPINI'1':IOlI 01' ,"PAMILY" 'l'O BftABLISB WHAT >'~)~AMILY;$'RO""IDING A GBlODlAL RDBALD. ',~SBl ,PItOVItlIHG ,A SAVING CLAUSE, PROYIDIJIG AM .; '~.DATE.,.' ""'-', ." .... _',' .",0. .... '~~.:~.'Clty, COIIIIIission of the City ~ Delray Beacb. Plo:dCla.U &ad pr(tt~1Dg the bealtb safety and welfare of the citben. ()f1:bec;l~;o~De:LrlQ'8eacb.Florida. lUIIenda the aUDition. off.-~. ,',. "'...',., . '.:"'.' .,' ~~ J '.', ~W8BREAS.. amendment to tbe definition of f.mly 1a n.....-uy an4 ptoperfQr ,t:J1e ,best interest of the citizena and fulU... _ the City Of Delta,. Bea~,J'lor1da. ~ ~ .:_ , ! ~ '.:,;,Rm:i.us. .an_ndIlIent of the definition of f.-ly will .n1ta~,=. . .'.'. .... '.....' ", ," ," ,".... (. ," -, ',..' .". liVl~'c:p~~o~ ,...~ '.,.1:Jlli!. ~ei9bborbooda of the City of Delray Beach. Plorida..; '" '.: , ' ,'" ",1fOW.~RB.BI IT ORDAINED BY THE CITY COIIIISSICII 01' TBB CITY~D~'~~c:IJ.~A. AS POLLOlfS: ; < SeCti~l."l'batCbaPter 173, "Zonin9 Code". Section 173.001. "DefinitiOJUI", "., Sect:ion."Family" of tbe Code of Ordinances of the City of~lr.y;Bea<:l1. Florida is hereby repealed. ,,$ectlon~. ,1'hat Cbapter 173, "Zonin9 Code". Section 173.001, "Definiti~~". of the Code of Ordinances of tbe City of Delray Beach, Florida. 'Is hereby lUIIended by enactin9 a new subsection. "familY" to read a. follows: .....iv..oo. or more persoDS lineally related ~ bloocJ.. mard....., or adoption and in addiuOll . fully _y lncluda one V . Other pen~ 'Wbo "is related 1D. __ ~r _nn.,. by bloocl or ~rlllge. oJ:,.grou,p ot not IIOre tban three adulta who need not be related by bloodorlll&rriage living t0gether .. a sin9l. baue- keeping ~tiDa dwelling. 'the following persona .hall be CCIIl- .tdered relsted fOr the purpos. of this titl.: (1) A person(s) reaid1n9 with a family for the 'pupa.. of adoptlon, , , . .;. ~ .. ".':~ (2)~'WOtmore th~ fiv. penoDS under 19 year. of age. ';::~Jlg i~ a ,f~ster br' licensed or approved by the state of . .' I.. '"'- -c. .,,''''.. t' , ~.' ':.....fJ):Azilrper.on who is living with e fully at the 41~~t~:c.~: ~';.court. .....'.J.,.;. ,;~":"',{:;.:;-"~~.:-~~~...., ..:r:_ :.' \'~'Per.on.'l..~ted by the above definition may r8liU8st that the \/ 1 'Cl~""""sll1on valve the above definition on the bui. that the , 4en~t.,l~~U8U an undue hardship on aucb per.ona. ' ~".__'/~'._.<t" ':'__,':___~~_~.,:::::.:_~:_:,.'::' -n . ,....~~h~;:.....''That all ordinance. or P&rta of ordinanc.. wblcb are la' '. C1:~ ""'tb be ADd 1:be ..... are hereby repealed. ~'-,. ;"_~' :~~<'-"~"~-_::~~:;~d~~~,.:. co, _ __ :f'<. ~~1ciIi,.,... ~'J'bat ~ sbou1d any .ection or provision of th18 ordi-~l~!9.' ~~'*hereof. any pau9rapb. .enteace or word be /'jJ'..,.;t/.""-;: , - '~~1~2:-''': ",.; . '-~"~"; ';',',-,'- -<.- -- 7~:.:.".,c_ " ~~ .--.- ...., ..'."'" ..~~._:.. ~.~4-.~,.,'."" -- .- -,. ...... . \ . ~ . J " . declared ~. court of competent jurisdiction to be invalid such deci- aion shall not. effect the validity of the r8llllliDder hereof .. a whole part thereof other than the part declared to be invalid. section 5. '!'bat this ordt".nce shall becaa effective ten (10) daya after its passage on second and fiDal. reading. PASSED Alm ADOPrBD in re9Ular session on Ha0D4 and final reading on t!Ua the 9th day of Auauat , 1988. ~}~~~ MAYda ~:. ~ _J.~~ __ .-~.L... C t lerJt Pir tReading July 26. 1988 Second Reading Auauat 9. 1988 i, J l . " if', . j , 1 j . ~ J j ~ ~ ~ / ' I ,. ; . . . I ,.- , I. - , ) REQUEST FOR WAIVER OF THE CITY OF DELRAY BEACH'S DEFINITION OF FAMILY Caae ~it Date: //--;J.1-iifi I, tll""'~ (,)L<..:(".< ""',"'L-'tYI.. , owner of record of a single family dwelling located at ?~, AI 1/ /P;:lll.AI' , hereby state that the occupants and relationships of the occupants residing at the above single family dwelling are as follows: NAME RELATIONSHIPS I.. f,'L( f'-J;-.. /;,/A ~ ~ /"')-1. 1. ''2I,Jl.(~ 2. 1,1 C-4..'\~..._ ~') .i 1". '-1. .j I. A' I, --' I 3. j) {,,u,._ r iT; 1.0""",-;-1-7," j j.,{J 'I \, :J ,4, (,'rtf" 4. ,I) rf,c , . 5. ...A /.-. 1, 1, ';/.",~ ,,. (' , .L>..t.l l'i J.. 1.... , J. ,,' ,b" 6. 1 j -)/0) A 1: I 6-.~...... ./c,-fA .0 {- '1....."",'1 " 7. (, LV). .t.L- f; ,~ fl r ,/ l .'" II 1/\ L""""""" 8. 9. 10. " '" 11. 12. I hereby request that the City Commission waive the City of Delray Beach's definition of family as contained in Ordinance 91-88 for the following occupants residing at the above single family dwelling on the basis that the definition causes undue hardship on the family. . ::if~~ 4. 5. 3..lJ1iW u., 4 trn.fA-/ 6. , . I ~ Denial of the waiver will create:. hardship ~ec;ause . , .>Lv, .,611.1).-"'7 ..le</> -y>",+- (//W4f,.,/ ~""'fi 1rYu>'-."l'a i<A", ;f:lL'~~ <1.) ",,1/'/,((. '..J- /~ ti,......' ~ d..u <./l. . Yours truly, r Jt&~ -hJl.-d-~q~ Code Enforcement Officer Property Owner . Phone I :7. 'I S" - '3$:::2. c;- ~.qJP!>-pm~ll' ........ "f~. _ .... ~., of , 1988. . Notary Public, State of Florida at haQle . Signed: f}~ !l J~ My commission expi;;s "".ry Publi., S.... of or IAr CommiSSion [A;I',11,;1 ~ iI J I, 1'91 -...-.. __. . r.!lliift"'T..._"~~aj~f1IIJ~O"~T' . '--.-'---" -:--- - ., REQUEST FOR WAIVER OF THE CITY OF DELRAY BEACH'S DEFINITION OF FAMILY Case , \JbLUAl~ D t . '! /I -, t;J'/ a e.1 .-.r.. .... c'" I, J.. (;; LCl~' t.-'I"-;-(,h~:l4..,- . owner of record of a single family dwelling located at 3t1 N' t./ /p.~ t1... . hereby state that the occupants and relationships of the occupants residing at the above single family dwelling are as follows: NAME RELATIONSHIPS / - r') , , -h 1 ~~ I: d." ' , 1. /-J l,-n-t,'..(..(/\ I:. u .'L'.AEr'~J_' i, (j. /, 2. /1} :" I !(,-.A_ ZJ,-/~- 11. A , ~ /. f f'-. ......... , _ it {VIlA.,' ~A 'J in A "'a.A.JlIlc-?1'Yl# / 3. A !T'r7 I ,I 4. 1):1 (II ,~...:., (. L f. f'" 1.-1,( J~/_r;,.'l-)"",~.- ;.:, .,,.j -':;(/, h1' I,- .~ A _I .r 5. /'\'1 '... f/ L I' A.....l -'"- 'r! f/.~, [";- /( (/ ) . J.S d~' ~t .-,~.-... 6. ft;./, . A t--.-..(c~ ( I 7. I / 1/ . {' ' -(I ~ IVI1 1- A/ h()-l..f -(". ..f.( /~ .t~""'-l , 8. 9. 10. 11. 12. I hereby request that the City Commission waive the City of Delray Beach's definition of family as contained in Ordinance 91-88 for the following occupants residing at the above single family dwelling on the basis that the definition causes undue hardship on the family. . . 1. 4. 2. 5. 3. 6. Denial of the waiver will create B' hardship b~c.use '~::n.. .J all.V'j Jt1~ YU>.f p(1<4I.~:.f) '-.1A,''f -r YntYn.u} "5"V ~~~.L ~ do " Ad.<~ Yours truly, ~ )) fiA",d~j L,", ,I.' 1"'.....-- Code Enforcement Officer Property er Phone , ~0 1'- 3.1;"'.-::1~ rsonally appeared before lie this J 9~y of , 1988. Notary Public, Stat, of FI~~d~t~~.~ MolDry I . Signed: My commission expires: ,- I'?"" AMil 22. \99% lAy (v.ulIl...JIIR .......ecI thru 1<<11 fain. ......."" ... REQUEST FOR WAIVER OF THE CITY OF DELRAY BEACH'S DEFINITION OF FAMILY Case ,q-P6f--JY Date: l,/l7Ift . I, llJll</.JE-R- Dt:AJC{)j. , owner of record of a single family dwelling located at 3ff Ai tJ 2,.Q /lYl- ,hereby state that the occupants and relationships of the occupants residing at the above single family dwelling are as follows: NAME RELATIONSHIPS . 1. Ll}lr:-I.J~1l- D'EIJEV.5 0 cvAJ(X- · 2. I'11.lJttI t' .P E,u !- tl...1 W ( At' 0 P OcJAI E.K.. · 3. OIL,(,DIJ "buJ{t.{ 1. $oAJ 0 F 0 ttJAl~K... , J . 4. ~MY f)*MJ~U..1 S olJ OF OCtJIJU1.. s.:JOJfPH .DFJ./ftlS lJ~erHtFn., ~FOuJAJE/'L 6.0AJOIJ.f)/GR FISS/JEil~ ,~gcrt"lt9l orouWd 7. 00rltr?J<~.5'1)~) 8. 9. 10. 11. 12. I hereby request that the City Commission waive the City of De1ray Beach's definition of family as contained in Ordinance 91-88 for the following occupants residing at the above single family dwelling on the basis that the definition causes undue hardship on the family. . 1. ONe Q F ,,ft.fUJJ1It}/Z.1 4. 2. _ _ .___"__. _ s. 3. 6. . . , Denial of the waiver will create ah~rdship because 60111 D F /9-($() II d-' IY/lb~ flt2f?" Nor: PflifSf NT??I. , -;:IIf}~( ~'t"-1I(.J:;~HJ,t't7 Qp. :Bt:>l\Jy I)AJ 1lfF7Jl lJwAJ, Yours truly, b .. lk~~ 11~&~ Code Enforcement Officer Property Owner ~ 1\ _ Phone' .:l7J -t 755 I ~_ .~ A.JJ., . personally appeared before .e this dtf-aA day of ili ' 1988. . Notary Public, State 'G'f ~,.lIt.lDlllpr"~ My commission expires Mr Commission bpir.. April 22, 1991 Signed: lalld,d Thu,I TnI:r' foift.lnwrolK.1Dc. _ '.......ff.... REQUEST FOR WAIVER OF THE CITY OF DELRAY BEACH'S DEFINITION OF FAMILY Case '~R~,{J-J'l,p Date: lIP _ '10 _(l<,( G .L I. a VI ~ 'If II ,,-.'(' 'j'.1 JI .' I ~ : . owner of record of a single family :: v 'f.? dw lling located at 1/7(, 51'1 11'!";.}lt }."/~'.:hereby state that the occupants and relati:nShiPS of th~ occupants reS(ding at the above single family dwelling are as follows: NAME RELATIONSHIPS J 1. ~' '1 ( J1 'J1 () r J3 y n -14 f V' *" , j 2. E I/e 1/)1 e- r J3 y" -I), I'v 3( 3.~.)> C;~ dv,,7J~ / Nt ~ ~~ 4. b'fel,'/:yt"" ./;fA,--I~ sl:c,.)ry- - . ~ 5. ,zr; f r""a e. I' b " ~ VI.- -\ 6.~ .uL,~ \/;." &I' 1',,-,,, <;:'/1- 7. 8. 9. 10. 11. 12. I hereby request that the City Commission waive the City of Delray Beach's definition of family as contained in Ordinance 91-88 for the following occupants residing at the above single family dwelling on the basis that the definition causes undue hardship on the family. · 1. ~A~#e ~. ~ I.~~ V-ll:"A., ~ .... . .2. <;/;"tft/!., 5. o v 3.. ~ j:J U, Vi' uA?" 6. /, " Denial of the waiver will create 'a hardship because . -fj..t/l" ,Vrz.o)J", "h7 4 <)O,,~ R. I ' /1 !'Pt7 ;t",,.,,I1'..(!!" tpjml,f . J1JAJ!e. "AI If,.." 11'H.jt~ ' Q . ~^ ~." '''''', , ;}< t tV I ',' (' b.-t! <'" ( #,7 (/~/t>lr-:, P fI1 n [9 Code Enforcement Officer operty Owner . hone' 278-1093 (friend) Jean Zennot . personally apreared before me this 10 dsy of October . 1988, [. ~ Notsry Public. State pf ~"'fl.bcl\fATl-rrAr.JDA ' . My commission eXPire~:: IT COllIISSJOI U,. rll 12,IItI Signed: ~ iii t't'-l-,L [,-- 1011110 'IIU llUElAL liS. UIO. - REQUEST FOR WAIVER OF THE CITY OF DELRAY BEACH'S DEFINITION OF FAMILY Case , G894-88 Date: November 9, 1988 I. Juslaine Pierre , owner of record of a single family dwelling located at 313 N. W. 2nd Ave. , hereby state that the occupants and relationships of the occupants residing at the above single , family dwelling are as follows: NAME RELATIONSHIPS 1. Juslaine Pierre Wife I 2. Saint Louis Joseph Husband 3. Wllgin Marseille Son 4. William Marseille Son 5. Jean Marseille Son 6. Arold Marseille Son 7. Luck Valbrun Brother 8. Cherie Pierre Brother 9. 10. 11. 12. I hereby request that the City Commission waive the City of Delray Beach's definition of family as contained in Ordinance 91-88 for the following occupants residing at the above single family dwelling on the basis that the definition causes undue hardship on the family. ~ . 1. Luck Valbrun n... 4. 2. Cherie Pierre 5. 3. {~Z~ 6. , Denial of the waiver will creatJ~a hardship because I need to pay the bills. . . My children are not able to work yet and I have to make a mortgage payment. Yours truly, Dennis Dickson 'J2L Code Enforcement Officer 00 ' ~ l,...../n. . J ~ ~ .J, personally appeared before me this day of ~\.. \-'U ,1988. Notary Public, State of Florida at Large Signed: ~I'-It- t, ~ My commission expires: -.-' " it... ~'" .."", StIU lit - - lAw (..d.nilli:>n b.pirr.s,~~:!*1 REQUEST FOR WAIVER OF THE CITY OF DELRAY BEACH'S DEFINITION OF FAMILY &d4S''i'i /D"J? ~ Caae ,rEd 'iif~/901 Date: ~".e"l %a, ~"Be I. .J'~EF'Ii .tANNE~ ~Ot.llolf; , owner of record of a single family dwelling located at tp:Z/ !-I.f. ~r;l A~ENlH~ , hereby state that the occupants and relationships of the occupants residing at the above single ! ---- family dwelling are as follows:.' / NAME RELATIONSHIPS - - 1. Jo ~e; PH CA~~e:t> Do,",~otJNe: .....1o<I"'~'" 2. 1........_ TT.A t::a:o~~~""E: WIFE /, 3. V,Il.NEL- ~P'l","",~N€ ~ J 4. fl'\~zi,.. Pt>1'\~ONHe. 50>-1 5. f.:>I'jIJIol ~ P::>I'\~C>N >-It: l:>.&U<1..t1~F,. , , ~e.. 6. "'~..t~Derre - 1"'1~RS- ~UI~ 7. I..Mhl.~ \ ti i F'l"oL 1Tt:; ft2lleNO I 8. c:::iIL\'!oE,,",T --i.DPI'1E ff'! I &.19- 9. 10. 11. 12. I hereby request that the City Commission waive the City of Delray Beach's definition of family as contained in Ordinance 91-88 for the following occupants residing at the above single family dwelling on the basis that the definition causes undue hardship on the family. . 4. 2. L""f.N~ HIVl"oLm:: 5. 3. .4IL~e'iT W:>PI Me 6. , " I t IN.:..'1e .....T ""'FFel_' Denial of the waiver will create'. hardship be~ause , . 1b ,,~,. ~ HOP.T".-.1rE ......1t> &....,c. UpL.I'lie.c.. 15elI~ ~Em'& I!> '" 'l' ~1fC.€ ~t> bca~ Co~1'\'&o11O To f.G'( flLI'lNSEs. I Ita II.. -n.ase Dl!.or +14l'll ~ o,d,r 1;, I..QlIol tu~l.. U- ~ ~ l.J1,. Yours truly. tJ\ k~~~ Code Enforcement Officer roperty wner Phone' rl 7 b - 0 110 CtJ.#u.,Q. IJIfUJ ~ . personally appeared before me this. ~ rrl...ay of ~l'IN\~ . .1988. . . Notary Public. State O"~Ill'SI.O"'. Signed: ~ f/ Jrn.rlJ My commission expirellj '..-l,,1on balr.. April 22, '992 ~llrwv,..,foiA."-roM.1nc. I$~, t:)ft ~ '-1;&.4 f //2'1'7- ~'1 '?h--4 14, l'~ January 6, 1989 MEMORANDUM TO: FRANK L. SPENCE, DIRECTOR I DEVELOPMENT SERVICE FROM: LULA C. BUTLER I DIRECTOR I COMMUNITY IMPROVEMENT~ RE: COMMISSION AGENDA ITEM REQUEST/WAIVER OF FAMILY DEFINITION Staff has prepared six (6) waiver requests under chapter 173, Section 173.001, for persons cited for violation of the definition of family. These waiver requests can only be granted by City Commission. We would like to submit the same for the 1/24/89 aqenda. Please let me know if there is room on that agenda. Staff will notify affected persons so that tney might attend the commission meeting. . Your direction is appreciated. cc: Richard Bauer B:FAMDEF.FS/Lula 1 .' " )' " MEMORANDUM TO: Mayor and City Commission FROM: CUy Man.ger [J 5J:~)/' SUBJECT: DELRAY AFFAIR DATE: February 10, 1989 The City Commission previously authorized a number of requests associated with the Chamber of Commerce's Delray Affair and directed staff to develop a Special Events permit. The permit has been developed and the Chamber has requested waiver of our hold harmless provisions and that the Commission waive one half of the overtime and other charges for City services. We estimate the total cost for City services at $7,515.00. This includes the cost for overtime and rental equipment. Recommend approval of waiver of hold harmless provisions of the Special Events permit and 50% sharing of manpower and equipment cost estimated at $3,758.00. WOB:nr ,- " ," ,c DELRAY BEACH PARKS AND RECREATION DEPARTMENT SPECIFIC USE PERMIT Organization: Delray Beach Chamber of Commerce Address: 64 S.E. 5th Avenue, Delray Beach, FL 33483 Representative & Title: Ken Ellingsworth, Executive Director Telephone Number: 278-0424 Location: same as above Date(s) of Permit: March 31, April 1. April 2, 1989 Description of Activity: Delray Affair The following arrangements, activities or conditions have been approved and agreed upon: Police - Provide general traffic and crowd control during the event. - Provide security detail for the concert at Veteran's Park. - Provide special traffic control at Federal Highway (USl) and Atlantic. - Assist in monitoring vendor permits. Fire =-Provide overnight cart storage at Station #1. - Assist in booth and table locations to ensure traffic lanes for emergency vehicles. - Assist in inspection of food booths. Streets - Install banners on light pole mast arms. - Stake and rope off landscape areas along Atlantic and side streets. - Stake and rope off ROW N.E. 7th Ave./Atlantic to Plaza Entrance. - Place traffic barricades at required locations. - Provide nightly street sweeping service. Engineering - Obtain DOT permit. - Assist committee in determining barricade numbers. type and placement. Fleet and Facility Maintenance - Provide power hook up at Veteran's Park for concert. Community Improvement - Assist in monitoring vendor permits. - Assist in coordinating needs from Waste Management. Parks and Recreation - Provide set-up assistance, i.e.. trash cans. - Provide trash and garbage pick-up assistance during event. - Ensure all sprinkler systems shut off during event. - Assist in developing new trash/garbsge removal system. - Provide chairs for tables in food areas. - Adult center open for use at concert. , j' Specific Use Permit Page 2 Chamber of Commerce - Provide volunteers to manage the event. - Coordinate and issue vendor permits. - Provide and pay for waste disposal services to be provided by Waste Management. - Order and pay for additional trash containers. - Order and pay for Barracade Rental. - Provide and pay costs for all entertainment. - Coordinate event with local merchants and resolve any problems that may arise. - Provide and pay for golf carts to be utilized by volunteers. Estimated Costs for City Services 1. Police overtime for concert and traffic control $ 1.248.00 2. Fire - Overtime for Inspection 886.00 3. Streets'- Overtime for traffic control and clean up 1.015.00 4. Parks - Overtime for trash removal and clean up 3.816.00 5. Streets - Vacuum Sweeper Rental - Waste Mgmt. 550.00 Total Costs $ 7.515.00 All ordinances. rules and regulations of the City of De1ray Beach will be complied with unless otherwise waived by the City Commission. Insurance Requirements Limits Comprehensive General Liability Policy $500.000 Special Events Policy $500.000 Insurance Certificate Attached Permittee shall idemnify. defend and hold harmless the City, ,its officers. agents and employees from and against all claims. suits. actions. damages. liabilities. expenditures. or causes of action of any kind arising out of or occurring during the activities of permittee, and resulting or accruing from any negligent act. omission or error of permittee. resulting in a relating to injuries to body, limb or property sustained in, about or upon the permitted premises or improvement thereto. or arising from the use of the premises. DATE SIGNATURE & TITLE OF AUTHORIZED REPRESENTATIVE APPROVAL: CITY MANAGER " (i" <9@~f} ~~~~~ ATI.ANTlC COMMUNITY IBGH SCHOOL 2501 SEACREf."l" BOULEV ARt> - DELRAY BEACH, n 33444 February 2, 1989 i\bCHIVED Mr. Walter Barryl City Manager FE86 1989 ci ty of Delray Beach CITY MANAGER'S OFFICE 100 N. W. First Avenue Delray Beach, FL 33444 Dear Mr. Barry: The Project Graduation COIIIIIittee has been notified that our request for $3,000 will be placed on the February l4" 1989 City Council agenda upon receipt of information that was requested by the City Ccmnissioners. 1. The 1989 Senior Class has approximately 360 members of which 214 live in the City of Delray Beach. 2. At this time we are planning on 300 seniors and guests attending. 3. We have not received any donations at this time. However, we are asking for financial support from the Cities of Delray Beach and Boynton Beach, churches I civic organizations and businesses. There 'are also many 'fund raising projects going on with the help of parents and students (see attached fund raising plans). 4. A copy of our budget is enclosed in the amount of $15, 56l" which is very much in line with other schools in Palm Beach County. I am also enclosing a copy of Fran Hathaway's column from the Palm Beach Post from February 19, 1988 along with our information/survey sheet given seniors. We have a very enthusiastic group of parents and students working on this Project Graduation. However, we are in desperate need of your financial support. Thank you for your consideration of our request. Sincerely" rtlitWa:ta['~ an Ruzycki" rperson Project Graduation , .. " , -- __0. ATLANTIC CXMUU'lY HIGH : 'tL PROJEC'l'!!D III n ljIS"J: p(R PROJECT mAIJDATICN · 89 June 8" 1989 Cruise - 4 hours $3,.500.00 Soda $6ea z 300 (all can drink) 1,,800.00 Bnter:t:airaent 500.00 ~t~art $2.50 z 300 750.00 $16.00 z 300 4,,800.00 Service O1arge Ion 816.00 ~ $l2,,166.00 Buses - 6 z $400 ea 2.,400.00 Security for cars at school 200.00 D-Tek SecQrity -. Bl,.,a~ 75.00 Key chains for use as .ticket/door pdze 520.00 Misc. - postage 100.00 Total $ 3,,395.00 Grand Total $l5,561.00 Door Prizes to be solicited or purchased with Green Stamps. , .. ;. hI'" -----.-.,-.--.--- I-!O '-"i! g'~" !J-qgf' j O[S 'e . . 0;; 0:- 01 :.,,' . "0 .' . " ~ . .. . ~ ~ b 5 r~ ' 1 .-:. ... R =! ; " ' 'f, 1! ,fo, " . ,"" . ., 1! ;x..." jEl- ~"I"I"1l J II. Ji '"'0 J~iiiH I~j ~!!f 'il~ 1 !fW o. i~ I I = 1~~J~!.ji! I! ~J J!~! 1'S S,!l.. ~ ii~~~ I I = ~Ji~~~~~'~J "j h l~f[IJirij i!ili ~ o ell." ,,:!=.!l i "r ~ .Ii"& · En !lil~tJ'f!!i~- ! .,Ii!>'!l ~~ljj t1 . ... 8 ~ 1i a "":Iii j ~ J U 111" 11 t :!~~=:::t'1I'_;.s c If.: rl~ iM:Jj" Ii" ~_ B aJ j~J: ill!Hljfl~ ~.J" ~'l !; ffs!! i~ = -:h~:S 1'0 >'1! , e E~ _.: ~'<J~lr~ = Ii . ~ !.s;E~~ ]&1:[8 :"~.g. h1 1:;1z': 'Ei ! ~ ~f~ij~~~i! ~ ij~lj~ JI!lj!~it~!!Ji .....m ""'''-'-11 ,-.c: a:; ."Is ~i~I;]i~~~ : I ~Q.'S1 8 ~Ji"u=~ ~ 1~ , ~ !i~jli!!:1 ~ ~I!~!' iliilJlji~lJJj · ~ t'~5'i18jl.:~ t ~ ':1'~ r J=:M ~JI,l.. J ...111 E::: =J , - "Ill B :s t= ligl;jJ5Ii ~~j:i~tilillf11-IJI Jii , ~ ,Ii .j r!;;. J "fi'"Jl "Htl I ., I . ..'~;?~ B ~~~ij~~:; i5 JJ!;J F,l} Ie illl!'l'~ . ." i1ii ~~IJ + 1{"-II>hi · Inl , I .~ . jl~~'S.~!I..~~~sB,,&:gt 11 f!!f~~l~1 ~ I ~ ,,'ul..... ~~:a! ~ ~:a U=J! i i~i I . 5b ~~I" ii'fll JjJ'~I! '. [:riit ~ ... III ~ I i= ..,;.; I :jllj'" c Ihr" if~iLtl s , ~ .H!~i z i liJ ~fll= !~.J 81 ii ~ tl I "H 1._ i. "" '& .. j h;~f I c ['Ji..~I".ut! - a ';,z - II. :z: .c: JI ~ .)01 ~JjJJtt; 1!~1~llfi ifjjI!!i!;lt1t'j 00' \t'1 ~ ~~h:r~..I' ~ij ,!j(:l ..,fo1E!111 j1iS o ~~~~li 1'" 5~ J!" j ~:2~Iljj 5! kjll' It~lfi ..c i.O~~N ~-- ~~ ~ "J; j , - tJ~ ' 2: u.8...c:tN!c5'S;.5~'!!g'!: ~ ~ r.!!t"= 1 ~J r::. -a.. ~ E E " - ::: 0 - , ~:H.~j~:;; ! t; H~~I~ J ~iigi~ -e1J l I ,. ,! r. !r" ., ----- . <LASS (J! "89 . s.IOR #ell ... ..... The PL"j.,:" GnIblticn I'8nnI: a-ittee wants your input for a chemical free environment .GnIblticn PIIrty" with little cost to you. We u:e asking mm i/IIio:/it help in planning mm party. ...,., ...P I1J HOPEFULLY, (after aax:h work by ]/aU and the cm.ittee) there will be Bqler_ doer ., Ilrl-.. .~t for:Ic!... .~t .m.c....-.5 lata of rm... I .. I Jl . GIWlOM.'IaI IIIGBr JlCUYl'rDS IfILL nrr~: '\ · Dinner at Strebs Restaurant ( Prime Rib or Chicken Breast) · All night boat cruise with a 00, dancing I refreslunenu, games, prizes · Continental Breakfast (Transportation will be provided fran the School to the restaurant and boat) l"(R mIS PARn' m NM'IlRALIZE IE IIIBm 'l'O RAISE APl'RlXDIATBLY $15,,000. 11111 To acconplish this the Ccmnittee needs mm PARTICIPUICIi in fund raisers. . 11'0.... l1IlD.la .E l1li: ~ ~ ~ ~~ · Candy Sale - Petlr:uary 6 - 10 (pl_ sign up to 1!Iell) * Alumni.. ClIIl collection (currently Imder w.y - put C8IlS in crate behind echool, by cafeteria - ask friends to collect) * Car IIi!IIIh - (date to be Bet) , * Garage Sale - (date to be Bet) * Senicr-Signatme 1'-ehirt Sale (tentatively IIarch 6-10 - $6 eac~) · Bcpefully,. a booth at the Del.ray Affair and Boynton caLA * IIIc:EkeE'Is fcir: &.... .,.,... Please volunteer to help make this a successful and fun evening. Your Project Graduation Ccmnittee, Mrs. Jean Ruzycki, Chairperson Mr. Greg Cello" Teacher Sponsor PLEASE FILL OUT - TEAR OFF - TURN IN TO MR. CELLO ................................................................................................. . I'LBIISB a.-......... '!lIB l'a.LCIflBG wo-;>u.\.KS: 1. I would be interested in attending such an event YES NO 2. I would attend even without a date YES NO 3. I would agree to pay up to the following amount to attend: $lO $l5 $20 , If you have any suggestions regarci1ng this event they will be greatly appreciated: , ~-'.. . , . 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I ......4IIt__.,......_ '" 0 ",'" '" I "''''''' - I ...., to" t-..:I "'" t-.J 0 - (.o,f UI '" e: n", - , - - - .. - I - .. ... ... ... ... ... .. .. ", Z - '" .... I tnUlNUI '" I OUlUlOUlOOOO .... .... 2> e: 0 I 0000.00 0 I 00000000000000 ", .... .... 0 I 0000000 0 , 0000000000000000 '" ", I I ~ ", CO ", .., z .... ", '" >< "" 2>t'1 n z n '" I I .... ", " 0_ I .. , .. 0><:0: e:-< I '" I ......--- .. "" 0 z e: I - I (,.0.1"",,.,, 0 '" ",,,,e: .... ::0 I - I .. - - - - . 2>ZZ "',., I '" I '" 00000 0 ...."'-< '" .. I ---- '" I o_gOt40_0..... ,.,,., 0 I 0.000000 0 I 0000 000000000 '" I I ...e--~ ~ I I I '" "" I .. I .. 2>'" .. I ...... '" I .. .. .. - .... :x '" , "''''''' 0 I -'" - - '" 2> 2> - 1_ - .. - I - - .. .. - - z - .... I UlUlNtII '" I "''''''' .... 0 <:> n z 0 I 0000 .... I 00000.""""00_0 ,., - 0 I 00000 0 I 00000000000000 Z I I 'i '" ..' " /( " MEMORANDUM TO: WALTER O. BARRY - c.:Jftp-'<- MAN~GER .~ FROM: FRANK R. SPENCE - DIRECTOR, DEVELOPMENT SERVICES SUBJECT: APPEAL REQUEST OF SADAQAT JAWEED DATE: FEBRUARY 10, 1989 BACKGROUND: Briefly, Mr. Jaweed who owns a dwelling at 114 SW 2nd Street in Delray Beach was cited in December 1986 for having a dwelling located in the R-1A zoning district (single family) which was illegally converted into a multi-family unit consisting of at least 3 separate units in the structure in violation of City codes. In March of 1987 the Code Enforcement Board found him to be in violation and accepted a stipulation that he would correct numerous building violations in addition to the illegal conversion. Subsequent to that time, Code Enforcement and Building Inspectors determined that the owner proceeded to repair the house in question without securing required permits from the City. Mr. Jaweed was cited for further violations of the City code. Mr. Jaweed's position is that this dwelling is a legal, non- conforming use in that it has been used for multiple dwelling purposes since the 1940's. In 1988 Mr. Jaweed applied for a landlord permit and was denied ~ecause of the current R-1A zoning. In accordance with City Statute 117.04, Landlord Permits, Appeals, Mr. Jaweed appealed this administrative decision of denial to be heard by the Permit Review Committee. This committee comprised of the Director of Development Services, Frank Spence I Planning and Zoning Director, David Kovacs and Community Development Coordinator, Dorothy Ellington, met on January 13, 1989 at which time Mr. Jaweed and his attorney presented their case. The Permit Review Committee denied his appeal. Pursuant to Section 117.04 of the City's Code of Ordinances, decisions of the Review Committee may be appealed to the City Commission who's decision shall be final. Mr. Jaweed is now making such an appeal. . , RECOMMENDATION: I That the City Commission schedule a hearing at it's next regular meetinq of Februarv 2R. 1QAQ +-,... h.Q20,.. 11_ 'T......_.__..:I. _ ____ _. It ~{ .. ~ . ~ Elry DF DELRAY BEAEH , I: J CITY ATTORNEY'S OFFICE 310 S.E. Is. STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483 407/243.7090 TELECOPIER 407/278-4755 MEMORANDUM Date; February 6, 1989 To: Walter O. Barry, City Manager From: Susan A. Ruby, Assistant City Attorney Subject: APPEAL REQUEST OF SADAQAT JAWEED Our office has received a letter from Louis J. Alfonso I Esq. , representing Sadaqat Jaweed requesting a hearing before the Ci ty Commission of the denial of the Landlord Perini t Appeal made to the Permit Review Committee. Pursuant to Section 117.04 of the City's Code of Ordinances, decisions of the Permit Review Committee may be appealed to the Ci ty Commission whose decision shall be final subject to any appeal such decision to the Circuit Court. In light of Mr. Alfonso's request, please place the appeal of this matter before the Ci ty Commission on the next available regular City Commission agenda. Thank you for your assistance. ~ SAR:rg Attachment cc: Frank Spence, Director of Development Services David Kovacs, Planning Director Dorothy Ellington, Planner II Louis J. Alfonso, Esq. . A' I . l..lUU!~ 1,). l1urUl~.:JU, 1."tJu,. ME: '::R FLORIDA AND N.J. BARS '_AW OFFICES 370 CAMINO GARDENS BLVD.,S-323 BOCA ,iATON,FLORIDA 33432 PHONE (407) 391-2611 FAX (407) 750-7959 . _. .- - - - 1. .' ." ... ,I.,..' I Fo'arr' QV& Ii.'J{J cf 8fTVtI/oPfT to ItJe"P[1ht . ';-f" " ,~ .DI1 r 'f!-,.if.f/<Jr.p.S$/~ 'I . ~ - A::..&" .:"'-;-..,..\ .......(i . ~.... " ',., "1I':h"(}'~~ "C~~ ~ d _'T::-.'__.::. :9._" City j:,~~~'i;'.~ ;,"'j Oili'..~ ~'. City of D~lri~ j ;';eac!1 January 23, 19 8 9'~ City Commission City of Delray Beach Delray Beach, Fl Re: Appeal of Sadaqat Jaweed from Permit Review Committee to City Commission Re: 117.04 Gentlemen: I represent Mr. Sadaquat Jaweed who had a heal~ing before the Permit Review Committee concerning the den~l . of a landlord permit. This hearing took place on January 13, 1989 at l:30PM, The Committee voted to deny my client's appeal, In accordance with your administrative rules (117.04) this is an appeal of said action and decision by the Permit Review Committee,. Kindly let me know when the appeal will be heard. Thank you, ~CJ , Louis,'J .. LJA/ms U cc: Susan A. Ruby, Assistan City Attorney (City Attorney's Office , 310 S.W. 1st St" Suite 4 Delray Beach, Fl 33483) - . I .!' CV atlz; - , ENGI~<EERING DEPARTMENT , M E M 0 RAN D U M TO: Gates D. Castle, P.E" Assistant City Engineer FROM: John P. Walker, Project coordinator.fll DATE: February 14, 1989 SUBJECT: Atlantic Avenue, Phase II In addition to Sasaki's estimate for construction cost, the following needs to be added for a total project budget: Construction (Sasaki Range) $809/9l2 to 87l/465. F.E.C. R!W Improvements 50/000. Design (Carry-over from Phase I 33/388. . Testing Services 5,000. Water Meters 1/200. permqnent Easements 3/000. Service Connections , 500. . TOTAL PROJECT BUDGET $903/000. to $964/553. City Commission should be aware of the above as they discuss project funding. JPW : j i cc: Walter O. Barry Frank Spence Gerald B. Church . MEMORANDUM TO: Mayor and City FROM: City Manage SUBJECT: FINANCE ADVISOR SERVICES DATE: February 10, 1989 We have solicited requests for qualification from financial firms interested in providing finance advisor services to the City. In the past the City has informally used Stan Ross of Dean Witter Reynolds for these services. It was thought earlier that Mr. Ross might be retiring and this would be an opportunity to formally appoint a firm. Finance advisor services will be especially important to the City this year as we explore creation of a storm water utili ty and begin to develop financing packages for major capital improvement programs. Innovative and timely finance advice and support will be very important in this process. WOB:nr .. ..\ ~.. EIT' DF DELRA' HEAEM 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 . M E M 0 RAN DUM TO: Walter 0, Barry, City Manager FROM: Elizabeth Arnau, City Clerk t:?I SUBJECT: L&A Tests For March 14. 1989. Election DATE: February 7. 1989 The State Election Law provides that a municipality may designate the Supervisor of Elections as a representative for the L&A (Logic and Accuracy) testing of the automatic tabulating equip- ment and as an additional member of the City's Canvassing Board, The L&A Test will be conducted at 10:00 A.M. on Friday, March 10, 1989. at the Supervisor of Elections office, 345 South Congress Avenue - Room 102, Delray Beach. Florida, The test prior to close of the polls will be held at 6:00 P.M, on Tuesday, March 14, 1989, at the same location, and the final test will be run after the election as soon as all precincts for municipalities using this location have been processed. It is not necessary for any member of the City Commission to be present, but they may do so if desired. However, any member wishing to attend must notify me in sufficient time to enable me to have color-coded badges prepared for each person attending. This is required for security purposes, This procedure for designating the Supervisor of Elections as a representative has been followed for several years and has proven quite satisfactory. This action requires approval by motion of the City Commission. EA/ajm ./ I /. THE EFFORT ALWAYS MATTERS [!TY OF DEUU;ay IER[H r; ~~, ~ it L{, .~ ' . ~ 01\- ~~ b '11 CITY ATTORNEY'S OFFICE 3105.1'.1" STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483 407/243.7090 TFLECOPIER 407/278-4755 MEMORANDUM Date: January 19, 1989 To: City Commission From: Herbert W. A. Thiele, City Attornp.y Subject: Tameka Jones vs. the City of Delroy Beach Our office has received a demand for settlement in the sum of one hundred thousand dollars ($100,000.00), Based upon the information known to us at the present time, we hereby recommend that this settlement offer be rejected. . By copy of this memorandum to the Citv Manager'n office, we are requestinlr that this matter be placed on the next available City Commission re~lar meeting for consideration of our recommendation. If you have any questions, or if you would like any additional detailed infor- mation on the content of this litigation, please contact me at your convenience. #! HT:ci cc Walter 0, Barry, City Manager " , , l " PETERSON & BERNARD ATTORNEYS AT LAW 1550 SOUTHIE"N .OULEVA"O . SUITE 300 LEONARO M. BERNARD, JR. "OST O,.,.ICE. DRAWER 15700 lItOIlEAT ..I. COUSINS WEST PALM BEACH. FLORIOA 33418 O. BRENT DAVIS SfIlOW....RO O"ICE .JE,,"" F'. D0050N (.07) e86-S005 SUITE SOD. aL.ACK.TONE eUILou"G DO"'ALO..l. ,....NN ."OW"'''O LINE (305) "'63 .lSZZO RoeERT E. GEISL.ER 70'7' SOUTHEAST 3-D AVI:I\IUE CLIF'''ORD GO"""...N TEL.ItCO....lttt 1.07).7'-5603 "'OST O""ICIE .OX I.UI!6 MICHAEL. oJ. KENNEDY "ORT LAUOERO.l".E, rI.ORIO.... 33302 WiLLI...... M. .....RTIN ~LEASE lItEPLY TO (305) 7t53' 3Z00 ERIC A. PETERSON ""ARK .J. SMITH WEST PALM BEACH LINDA C. SWEETING ::-:' "...TRtCK.J. TOOMEY, ,JR. ;l~~~~:.._ ". DENN'S .... VANDENIIE.AG WENDELL PENDLETON, P..... ~:;~ ~;:~:~.:~!:~:j~;~;~~l OF' COUNSEL December 29, 1988 Herb Thiele, Esquire 310 Southeast First Street, t4 Delray Beach, Florida 33483 RE: Tameka JOnes v. City of Delray Beach; Our File No. 66.04640 Dear Mr. Thiele: Please find enclosed copy of correspondence received from plaintiff I s attorney, James Sende rson, making demand of statutory limi ts of one hundred thousand dollars ($100,000). Please give me a call once you have reviewed the letter and Dr. Graham's report. Very RNARD EAP/mlc .. ) , :llfY [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 3105.1'.1" 5TREET.5UITE4 DELRA Y BEACH, FLORIDA 33483 407/243.7090 TELECOPIER 407/2784755 MEMORANDUM Date: February 7, 1989 To: City Camniss10n ^~ From: Jeffrey S. Kurts. Assistant City 'ttorney ~ Subject: Serocki vs. City of Delray Beach Attached please find a copy of the demand letter received by our office from Myron Dunay, on behalf of the Serockis. Mr. and Mrs. Serocki have filed suit against the City alleging that Maribeth Serocki suffered back injuries as a result of an accident that occurred on January 21, 1986. The accident occurred at the intersection of Lake Ida Road and 37th Avenue when Mrs. Serocki was riding a bicYCle and collided with a rental vehicle which was being operated by a Delray Beach police officer during the course of his employment. This matter is scheduled for trial in September of 1989 and the Plaintiffs have offered to settle the matter for $60,000.00. At this time, the City Attorney's Office does not recommend the acceptance of the settlement offer. Should any member of the Commission have any questions con- cerning this matter, please do not hesitate to contact the City Attorney's Office. JSK:sh Attachment cc: Walter O. Barry, City Manager Lee Graham, Risk Management Director ..\ ,., . MYRON S. DUNAY, P,A. ATTORNEY AND COUNSEL.LOR AT LAw 818 E. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 MYRON S. DUNAY (40712715-7424 TRIAL PRACTICE. 14071428-0343IBROWAROJ GENERAL 14071 8Se.?537 (PALM BEACH) (4071278-8808 ITELECOPIERI January 30, 1989 Jeffrey S. Kurtz, Esquire 310 S.E. rirst Street Suite 4 Delray Eeach, FL 33483 RE: Serocki, et al. vs. City of Delray Beach, et al. CASS NO.: 88-1000 AJ Dear Mr. Kurtz: On the evening of January 21, 1986, the plaintiff, Mar ibeth Serocki was riding a bicycle. She was accompanied by Sharon Inman, who was jogging along side of her. As they approached the intersection of Lake Ida Road and 37th Avenue in Delray Beach they obi>erved a vehicle dr i ven by J. R. Hooper, an employee of the Delray Beach Police Department, traveling south On 37th Avenue. Both a stop sign and a bicycle sign were posted at the intersection and, because the car began slowing, and because they had the right of way, they proceeded into the intersection. Mrs. Inman crossed about half way into the intersection and then stopped to jog in place as it SUddenly seemed that ~the car might not stop. Hooper did not stop and proceeded through the intersection where he struck Mrs. Serocki's bicycle. The car, leased oy the City of Delray Beach from Sheehan Pontiac hit the midsection of the bicycle causing Mrs. Serocki to fall to the street. Hooper continued onto Lake Ida Road, then turned around and carn," back. Mrs. Serock i was on her hands and knees in the road. Because she was seven mOnths pregnant Mrs. Serocki was very concern~d about her unborn baby. Her gynecologist was immediately contacted and advised her that the fetus would probably be protected by her body, but that she would have to monitor her condition. .....-; ReCEIVED ON: . ''J d:d.::%-$__ " .' c~r~' AHornel"s OWen .f CdI' of t'c:fr;:;j' F.::ezch - Jeffrey S. Kurtz, Esquire January 30, 1989 Page Two In t:he months following Mrs. Serocki suffered pain in the lower right back and lower left groin area. She saw a chiropractor regularly. Upon the advice of her gynecologist she SctW medical specialists (orthopods-neurologists) after the birth of her baby in April, 1986. The baby was born apparently uneffected by the accident. Mrs. Serocki's delivery was painful however. Mrs, Serocki has seen three orthopeadic surgeons since the accident. All agree that she has sustained a back injury. Exercise and then physical therapy have been prescribed. She had been hospitalized twice for thorough testing, including myelogram and CT Scan Lumbar. Results show: herniation of L 4-5, L 5-S 1 (Dr. Coin); a bulging of L 4 and 5 discs plus lumbar nerve root compression and uptake in the acetabular area (Dr. Trapana); nerve root compression I disc syndrome, ten percent (10% ) whole perSOn impairment (Dr. Krol). Mrs. Serocki has experienced ongoing pain over the past two and one-half years which has effected her work, family life, and qllali ty of life. She works part-time out of her home as she finds sitting at a desk for long periods difficult. Her husband has had to take on and assist in many household chores as well as child care responsibilities. There level of sexual activity necessarily declined because of the pain associated with physical contact. Mrs. Serocki has been unable to pursue .leisure activities, such as jogging, aerobics, and cycling - which she enjoyed prior to the accident. Maribeth Serocki has incurred over $11,000.00 in medical bills to date. Dr. R. J. Trapana last saw her in October, 1988. He rated h",r as having a 3-5% impairment to the body as a whole. I am attaching a copy of his medical report. / " . . Jeffrey s. Kurtz, Esquire January 30, 1989 Page Three In view of the very clear liabilitYI and recognizing that it is to our clients' mutual benef it to settle this litigation without further expense and inconvenience, I have been authorized by and do hereby make a sincere offer on behalf of Maribeth S"rocki and Walter Serocki, her husband, to settle this case for $60,000.00. In addition to Mrs. Serocki's bodily disability, pain and suffering, and medical expense it would also apply to Mr. Serocki's loss of consortium or the loss of his wife's s.:rvices. If you have any question or wish to discuss this matter further, do not hesitate to contact me. Cordially, MYRON S. DUNAY, P.A. MJD/dgh E"closure .' " " " - " , - '-... . . " _. . R.J. TRAPANA, M.D. P.A. ;! 1 0 5. FEfJEf<AL HIGHWAY SU ITE 400 HOLL '(WOOII, FLA. 3'3020 921-5300 PAT L:NT: >SEIWCf; I, BETH DATE: > 1 0/20/88 THIS 26-YEG? OLD PATIENT WHO WAS INJURED IN AN AUTO ACCIDENT IN JA~UARY OF 1986. THE PATIENT WAS PREGNATE 7 MONTHS AT THAI THI):, SHE WAS RIDING A BICYCLE AND WAS STRUCK BY A CAR. SHE 101'\'3 KNOll(ED OFL' THE I<ICYCLE AND SUSTAINED INJURIES TO THE LUMBAR SP HiE AREA. SHE PRESENTED TO MY OFFICE WITH HRI SCAN, WHICH SHOWED A PROBABLE HER~:AIED DISC AT THE 4-5 LEVEL. SHE WAS TREATED BY ORTHOPEDIST IN PALM BEAC~AND DEL RAY, DR. r.OAn:S ANfJ ['ONAHIJE FOR LUMBAR DISC DISErISE. SHE COMPLAINEfJ OF LOWE1, BACf: !'AIN WI!'H GROIN PAIN PARTICULARLY ON THE LEFT SIDE. THE ~ATrENT WAS HOSPITALIZED IN 11/87 FOR CONSERVATIVE TREATMENT ANS ~OSSIBL: MYELOGRAM. THE MYELOGRAM DID NOT TAKE PLACE. SHE SUBSE~UENTLY UNDERWENT THE MYLEOGRAM ON 12/8/87 AND DEVELOPED A MYELOGRAM HEADACHE, WHICH REQUIRED READMISSION TO THE HOSPITAL ON L:/13/87. MYELOGRAM ~ND CT-SCAN REVEALED NO HERNIATED DISC, BUT SLIGHT 8ULGiNG DIS: AT 3-4 AND 4-5 WITH A SLIGHT DIFFUSE BULGE AT 5~Sl. SHE liID NOT HAVE ANY EVIDENCE OF HERNIATION SINCE SHE APPEARED TO HAVE NO NEU~OLOGICAL DEFICIT ON NEUROLOGICAL EXAMINATION. ON PHYSICAL EXAM SHE STILL HAS TENDERNESS IN THE AREA OF THE LUMBf.R SPINE. SHE STILL HAS TENDERNESS IN THE INTERSPINAL LIGA~~Nr. DEEP TENDON REFLEXES ARE ~.. MOTOR SYSTEM IS 5/5 ANti SENSURY SYSTEM APPEARS TO BE NORMAL. SHE DOES INDEED HOWEVER COMPL(IIN OF MILD DECREASE IN SENSATION IN THE LUMBAR SPINE AREA. THE FAr lENT ALSO HAS SOME PAIN IN THE INTERSPINAL LIGAMENT. SHl:: f .,. " /i" COpy - -..-.-"-----.-..-. -_. .-. "- -- --------.- -., '--"--'- -.. . .. . ,'- _. ..- -"-.. ..... ... .-.. .._~ ~ -, ,..'. - '- - ___ h____ - .~ . . ~ ~, -,-.. ... . '. ...7.:........ " 0-"," _'__ -t.",. . ......._ ''''-_'' .~~ .'. :..:~:;~'~~{:..:. .~.~:~>.~ ":<~~~=~:~." :H; L"~'~:~" ':;' '," ,...... '..~ 'f.'iI."~ . .' ~ .. . - '. ,.. ., . ,- . ....... ". . , . ---_. _. --'.-" -.-.. . .uol. -..........._:.a.,:4____ 0 C' t-\ C) f\ \',,-,' \ . ,-,I R.J. IRAF-ANP" M.D. P.A. 2JO S. F.E[:El'AL HIGHWAY SU lIE 400 HOLLYWOOD, FLA. 33020 921-5300 LAC~S. 15 DEGREES OF FLEXION, LACf~S 10 DEGREES OF EXTENSI0:!. LACi:S 5 DEGREES OF LATERAL BENDING TO THE LEFT AND 3 DEGREES TO iHE 1lIGHT. . THE PATIENT HAS NORMAL MUSCLE GI~IH TO THE LEF! SIDE. SHE DOES SA':' THAT SHE HAS i'ROBLEI'S LIFT ING AND STANDING M'll CLIMBING Sl'AIRS, SHE DOES SAY THAT SHE HAS PROBLEMS WITH TINGLJNG DOWN THE LEFT LEG. A! THIS PARTICULAR IIME, THE PATIENT HAS BEEN EXPLAINED T:'AI SHS HAS PROBLEM!) IN THE INTERSi'INAL MUSCLES TO TH~ BACK AREA ~ITH PROBABLY SCIATJl BASED ON A RADICLOi'ATHY EXTRADURALLY. BASED ON SOME LOSS OF MOTION TO THE LUMBAR SF-INB SHE HAS A 3-5% IMPAIRMENT TO THE BODY AS A WHOLE. R.J. TRAPANA, M.D. ./!)/ RTlSE ~;jJ(d~ - . r ; . C I T Y COM MIS S ION DOCUMENTATION TO: Walter o. Barry, City Manager THROUGH: Frank R. spence~t~r~ Development Services Group FROM: Paul Dorling, Planner II ~~ ~ Department of Planning and Zoning SUBJECT: Administrative Relief (Parkinq) Mayfair Plaza Regular Meeting of February 14, 1989 DATE: February 2, 1989 ITEM BEFORE THE COMMISSION: The action requested of the Conunission is that of granting Administrative Relief to the parking regulations. Such relief may be granted, when warranted I to allow use of compact parking spaces for use by employees. BACKGROUND Attached is a staff memorandum which sets forth the particulars of this request. The owner of the plaza has previously received Administrative Relief for nine compact parking spaces from the City conunission on December 20, 1988. The owner has reconfigured the proposed floor area expansion which has effected his parking layout. Use of compact car spaces allows maximum use of the property without going to additional stories. The site does not have a parking problem at present. The request was before the Technical Advisory Conunittee for review and conunent on Wednesday I February 8, 1989. The TAC had no objections with the request. RECOMMENDED ACTION: By motion I grant administrative relief to Mavfair Plaza allowing use of compact cars for employee parking ; PD/lh . Attachment: Staff Memorandum'" " /. " REF/PDI8/A:MTG2-14 ~~. !! ~f'i""'\--'J"i'r."'~..'r;-'"' ;;,,'-:'-'-7-"''<''~.: I ---;: L JIl!o .. .". '". :r:.-:. 4 '. .., II I r . II ~ l~ I I ': .!::: ... --!...l:'~ t" r-:"T..." . > 3....!it.. IIi ~ ., j' I ~; ~ wr.. . . .' ~ . 1#. . ~ .. I " ".. .. ------- -:;- . " :-. .. .. . 19 . ~ l r-- ~r. ......'" P- ~. . OD ... .. . . Ie . L,~'!" '.V . f 1,.- -;- It 11 ... .... 9 ". P --- r- 2 J . t-;;- -;- en_ n .. . . .. "'" ., 1--;--;- .. 11 to" .. .u~~;= f- .,. I .J:E'i" .. -.. ~~-e.. . ._. [ Hr-:.. - : .: · '.. 1. '~IT ! · , · - 0.' . J · · ". --jolt- '1 .. 6 . j , IF.'T..Il:I.r'I,.I. ..' : ; \, /, I ~ . I~::'1. L., . " ~ .. . .~~ ~ " ~ I'I.~ ' 3. . 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I ~,~,~ Bl<2Z~GIIIIJJ'L 'o..~~.Ji.1 '.h~I' ',"!:!:'I"I~:J. ;r- hf/J I L I" -..:. - "t' .,' .. ....0<M4itlt< .r 1'1 , I ~ II _I.... ,.....' I" I" 1I!j.J ~ . DELR AY ',.f Df41V1r8 100.. ~ <A I :. MALL /1.)' .... .../4~', ~ ~:~: -:~" ~, ..~ '~1>JI '; '\ ~.... 1 ;. MODEL ~'fQ'~~-l' ," . ,. 10' .. ..I I.~\' : IlHl~LATTIEDI aK.1 ~"G'2""1. ~ t"'. 00:.1' '" H ".011" RAY i..r.' . ~ ...lI"'" II CC . ..~~- : ." : \. ' 1 n. !,,-,..: "I ..1' I ,: ILL ~~T P.ViL.LA.t /30 ,.. :~ !lllA"..l " I ...:~7.-:f..a ... _ ~ e:: ~ NOl> '.. V j I ~iM _1SI :, .- ..- -; I ... ~ , . I... . . I J PG.IB4 /1/ I iT -. I' ., . . l:a - . .' .' " .,_. ._ II t -~l''': " ~ -., ~ - lot -. ..... - .-. .\ ;.~j ,,[':' .... ~,..} .~ ur- I,. _....w I~~~r " .",. ~ I" > ,WI ~ I L - .- ~) , , .~~L.. ~ jP',til ~. 9" I 0 ,'3/ '.~~ ~'> , ';;~;rv?.l~1"l:'?1P '.~ ,,~<l<<<lrII:.)i .'~r.'";- , . . _9 . . I ... , ~ , ~,I I _"? '" ;\ -' I .. .~~: .. _______~ :( """,,,..__ I , I ..- ----. 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I 1.'1.-" ~ " " '.1 .. r 02/10/89 11 '40 "407 243 7816 DELRAY BF I PD _4. CITY MeR OFFICE fa! 002/0] Delray Beach Ponce Depart!nent m ~ 300 Welt Atlanllc Avenue . Oelray aeach, Florida 33444-3666 , (407) 243,786a Fax (407) 243.78'8 CHARLES KILGORE Chi.' 0' 1'01101 MEMORANDUM TOI Walter O. Barry, City Manager FROM: Charles Kilgore, Chief of Police . DATE: February 10, 1989 SUBJECT I ~ ATLANTIC AVENUE RENAISSANCE PROJECT The .ervices of Dr. Vardalis as a consultant on the West Atlantic Avenue Renaissance project would qualify under the Law Enforcement Tru.t Fund account for payment a. it come. under "crime preventionH. Therefore, I am authorizing and recommendinq that Dr. Vardalill be paid the amount of $6,750.00 from the Law Enforcement Trust Fund. Respectfully .ubmitted, / CHARLES KILGORE Chief of Police ppt Attachments , .. .:':: .At:J'r'Al~D~ IAIJT'~ ""T'''~'''e. IA.' Bru...,,..,,,,,,, "UP __....I....._.~ _____..__ 02/10/89 11:41 "'\'4072437816 DELRAY BE'",! PD ..-- CITY MaR OFFICE 1a1003/01 , i UL(!.,rr \ f ...(...' " : I,., ". De"'ay ~each Police Dep~ent lilt ~ 300 Welt Atl.ntlc Avenue · Delre)' Beach, Florida 33444-3866 ~ S (407) 243-7888 CHARLES KILGO Chl.f Of ~ollt# MEMORANDUM TO: Walter o. Barry, City Manager 'i: FROM: Charle. Kilgore, Chief of PoUce DATE: January 24, 1989 SUBJECT: WEST ATLANTIC AVENUE RENAISSANCE PROJECT Attached i. Dr. Var~ali.' final report on the We.t Atlantic Avenue Renais.ance project, a. you had requested. The report fairly and accurately documents the role and participation of the Police Oepart- . ment in this prOject. If further information or clarification i. needed, please do not h.sitate to contact me. Re.pectfully submitted, ~~ , " ~~ '\ HAIUoE~ ~~LGORE .. Chief of Police ' i I ppt Attachments  . ~ . ) , ."" . - . ...... .......--- ....--. - ---- 021' 11::1/89 11 :41 ':1'407 243 7816 DELRA Y B 'H PD -... CITY HGR OFFICE laJ0041'O \;.,,:. ~r. ,.me. ,. qJ.rd.U. . ' 1180 S. W.1111 Lilllt Bocll k/OIl. F10riJJtl JJ486 4(J7.JJ8.Sm December 1, 1988 Charle. Ki1tor., Chief of Pollee Delray Police Department 300 w..t Atlantic Av.nue Delray Beach, Florida 33444 Malter Barry, City ManaCjJ8r '. <:i ty of De1ray ..ach It., We.t Atlantic Avenu. "nail.anc. Project 11/15/88 Meeting with Major Lincoln, and Lt. S.neff including vaCant lot planning and .v.lu.tion........................ 4 hour. 11/16/88 M..ting with Lt. Sen.ff, , Public Work. Department, a..i.t in b.rrier pl.c.ment....... 4 hours 11/17188 Night ev.luation of complet.d lot. with JUdge Harri.on .nd briefing of projected plan........ 2 hours 11/18/88 Conference with Major Lincoln, \ .tt.nded and addr~s.ed patrol Officer. meeting prior t:o d.ployment on We.t Atl.ntic....... 2 hour. ~ Total time 12 hour. . '125..................... $1,500.00 BALANCE DUE.................................... tl,500.00 BALANCE FORWARD from 11/8/88................... $5,250.00 . .... ItALANCE DUE............ ~..I,.. ."~. lIIlII................ f',750.00 , ~ .. .. l:l~/ll:l/l:l\:l 11:41 ~407 243 .7816, DELRAY BEACH PD .-.. CITY HOR OFFICE I4i 005/0 1 ; .'.~ .. . ,,' :' ->, . , , " ..,_tAtlantic Zntervention PrOject Pinal Report Dr. Jam.s Vardali. Dr. Midh.el Wiatrowski - , '. ... , -, - :, "''''- . . ~-'. ". " / ,'-~ -. .. ',& . . " . 02/10/89 11:42 -'407 243 7816 DELRAY BEft' . PD ~_. CITY HeR OFFICE 1al006/01 (.. W..t Atlantic co_unity Inurv.ntIon Project Introduction Par ~e City at Delray Beach, AtlantIc Avenue i. ~e pri!llary - ea.t to va.t bi9hway for the coauni ty. It strategically links with ~e ..jor north to .outh route. otAlA, m-n, Congress Avenue and Military Trail. Pram IH-95. Atlantic provides acce.. to the ..jor coamercial and fovern.ental oenter. of ~e city, a. weU a. the recreational area. alon9 AlA and the ~cean. A major . portion of the identity at the City ot Delray Beach co_. froll the Laage Which Atlantic Avenue portray. to the general public. !he failure ot the city to promote the development at this area in a ..nner which ravorably repre.ents illlage whioh the city .eeks to portray ha. been a ..riou. problUl. H1atorically, Atlantic Avenue bas been a ..jar cObercbl .treet in Delray Beach linking with "ederal highway. 'l'he poli tical econollly of 1II0.t le.. developed are.. dictated that minority group. would be loeated near enough to pr~vid. access to ..rvice industrie., while rellaining on the rringe. ot the city. Becau.. of the value ot prqp4trtie. near the beach, the western POrtions of the city "ere Ie.. valuable, and there tor. were where the ainority popUlation. C&IIIe to live. The develop.ent of 18-95 changed thb pattern of develop.ent. In lllany ..jor cities the Xnter.tate Highway proqralll had the etfect of hal tin; econollic development tor minOrity COIllIIUnit1e. a. well .. bolaUnCI the COlIIIDunitie.. The e.tabliahJDent ot the IH-9!5 allowed acee.s to the we. tern part of Delray Beach, and 'Atlantic Avenue could be . -. quiCkly traver.ed all~~in; re.ident. to .void the unplea.ant and :. .. . 02/Hl/89 11:42 "N07 243 7816 DELRAY BEpr~ PD -.. CITY HeR OFFICE f41e07/I)l , l..::;_;. largely unplanned developm.nt along w..t Atlantic b.tw.en 1H-95 and SWinton Avenue which became a predominantly Black community. eo..unitie. which find the.selve. in a position similar to t:hat which the ro.llidents of W.st Atlantic tound themselves are confronted with a wide array ot problem. which typically exceed the ability ot the residents to resolve. As property values 4eclin., low quality .ultipl. family dw.llings and subdivi.ion of existing housinq brinqs 1n 1ndividuat. who are attracted by relaUvely low l1vinq costs. '1'be tailure to entorce bulldinq cod.. r..ults in decay which erode. the int.grity of neighborhoods, further attracting less desiratlle residents and transient.. The problem which has _a~ed i. that many of the traditional residents ot the community t.el that their .fforts at buildinc:r a community, educatinq th.ir children, owning and maintaining their hOUses and workinq in productive jobs are belnq threaten.d tly those who do not share their valu.s, Those outsiders have a tremendously corrosive impact: on the ability of the community to exercise informal soclal control. over community resident.. The result i. that there are visual .i9~. of decay r.pres.nted tly overgrown lawn., garbage, det.rioratin1 house. and 80 forth. This disorder allows the ItOr. unruly element. to congr89ate on street corners, .dUng drug. and consuming alcohol. This repre.ent. an attront to the value. of the community. The disorder is al.o offen.ive and thr.atening to the re.ident. who traverse W.st Atlantic. For communiti.s which are located along major highways, the relatiVe d.cr.... i? ii'roperty value. is then confronted with ;; . . 0~/l0/89 11:43 "N07 243 7816 DELRAY BE '\ PD ,..~ CITY MGR OFFICE 1i!1008/01 , ;,.,..1" , . anoth.r di.en.ion. As Dlalray Beach expands to the West, the land along West Atlantic 11.. becOlle potentially attractive to developers, and pres.ures have ...~.d to change the character of the area. The new police station and the Palm "ach County Court are portents of the.e chanfJ'" Fundamental to all of the efforts directed towards promoting development and IncreasinfJ the quality of life of the residents ls the issue of regaining order within the community. :En Delray Beach, the r.sidents of the co_unity and the Delray Beach Police ., Department worked closely together to develop a plan to control the incidence ot disorder along West Atlantic Avenue. The Chief ot POlice, Charles Kil'lore met with a task force of residents of the co_unity and representatives of the city and county fJovernment to develop an initiative desiqned to bring all elements concerned with the area together to confront the West Atlantic problem. Major Rick Lincoln wa. 'liven responsibility " for coordinating the police efforts, and in consultation with Dr. James Vardalis developed the major elements of the intervention. Atter consulting, with 1ll8Jllber. of the co_unity a plan was .. developed which represented the consensus ot the co_itte.. The , plan Which wa. developed consi.ted of the following elements. !Jlellents of the Plan 1. Vacant lot. which became congregating areas for public drinking and drug 4eals would be cordoned off throull'h the u.. of utility pOle. which were 40nat.d by Florida Power and Li9ht. The utility pOle. which were laid .lengthe perimeters of the vacant lot. bact b..npa1nt.", with a creo.ete compound to prevent tho % . . 02/10/89 11:43 ....407 243 7816 DELRAY BEAt" PD ....- CITY MeR OFFICE I4J 009/01 , .;1:: , from t>.inq u.ed a. .eat.. Furthemore, the owner. of a ujority of the lot. consented to havinq the lot. posted a. off H.it.. This would allow the police to cite tho.. Who w.re conqreqatinq alonq the lots for illeqal purpo.... 2. '!'he r.sidents of the co1ilIIuni ty and leader. who had partici~ted in the project aqreed that the community would be publicly notified nat the public drinkill' , druq d..l. and acngregatil\9 on private property and vollleS not ~ tolerated, and that violator. .hould be arre.ted. The role of con.ultation was oarefu1ly consider.d to cr.ate the iaage that the.. e1e.ent. of the plan repres.nted the value. of the oOJDlllunity, and vere not beinq forced on the community by tho.. who had no tenure in the collllllunlty. 3. The poli~ aqr..d that their role .hould one of both . helping the resident. to pre.erve the .undard. of the eo_unity and that of enforcing the law. A epecial task force of ..lected Officer. wa. fomed. The officers were specially selected tc insure that they were committed to the qoal. of the project. They received an orientation of... the goals' of the project and their role ill the projeot by Dr. Vardali. and Kajor Lincoln. 1'he , traditional police role in the co_unity vas altered vith the addition of , police Officer. with the a..ignment of r.sponsibility for patrol 1 in; the com.unity. Th..e officer. would be directed to ..tabli.h contact with the co_unity, and to .eet with the law abidinq re.id.nt. and .erchant. of the West Atlantic community. I.plementation of the,plan The re.ults of ~."intervention w.re view.d throuqh direct , . . - . 02/11)/89 11 :44 -407 243 7816 OELRAY BEAr~ PO --~ CITY MeR OFFICE ~010/01 ( obaervation on aix instances in the .venin9 on .eparate dates, ~e followin9 conclusions were based on th..e obaervations, 1. After publicly informing the residents of the West Atlantic area of the plan and the aannar in which it had baen formulated, the Delray Beach Police DepartJDent Taak Force initiated a prOCJram of initially contacting those individual. who vere enqaqin9 in ainor fOr1U of illegal behavior. '!'he strateen' v.. oriented toward. prevention rather than arre.t and confrontation. The Officers of the Ta.k Force would infora incUvidual. of their offense and fill out a field interrogation card which served as . record of the contact. The card al.o .erved notice on the offender that the continued violation of the co..unity standards of behavior would result in the arre.t of the individual, and that because of the prior warnin9, their continued law violations would be viewed in a more serious aanner. 2. The focus on prevention rather than confrontation has been well received by the judicial system, The result hlis been an improvement in the quality of the arrests which are presented to the j ud9", As a result, Bearce jail and police resources are .. being used in a aanner which optimize. the effectiveness of both .. part. of the cdain.l justice systu, and friction between the t.wo elements has been reduced. 3. '!'he incidence of public disorder appears to have been .ubstantially aiti9ated, end rewer nUlllbers of individual. are violating the oommunity .tandard. of behavior. Additionally, the police oontact with the cOlMlunity appear. to be very vell received. Th. co..uniiy reaponded favorably to the police -' r - . . 02/10/89 11:44 "\'407 243 7816 DELRAY BEAr~ PD -.. CITY MGR OFFICE 141011/01 contacts which provide. a Welcomed altemative to the negative contacta which characterize most citizen confrontations with the police. 4. A relate~ outcome of the iaproved relations with the co.-unity i. the result that the police have alllo responded favorably to contacts with law abiding el..ents. The reduction in stres. should be relateeS to improv.d perforlllanc. by the police Officer.. 5. The West Atlantic merchants in one area have re.pon~ed to city initiative by painting, cleaning up around their bu.in..... and installing landSCaping at th.ir own expense. Visually, the results represent a small but remarkable effort by these committ.~ members of the community to respond to and support the initiative. of the police. The.e efforts support the contention that the community controls can be supported by the ettort. of the criminal justice system to a.sist them in maintaininq order in the community. It also demonstrates that informed cooperation can be a basis for the improvement of conditions within the West Atlantic Community. , Conclusion , In reviewinq the development of the plan, and its 'implementation, and the outcome of the efforts of the police and the community, it should be emphasized that these represent a new type of cooperation for those who are atte.pting to pre.erve community value. and improve the quality of live of the residents of the We.t Atlantic area. While the results have b.en limited . by the relativ.ly s...11.- alDount of resource. which have been / J: . . 02/10/89 11 ,45 tN07 243 7816 DELRAY BEACH PD ..- CITY MeR OFFICE 1aJ012/01 :,"'. devoted to the project, they nonethele.. should serve a6 a demonstration of the potential for C01IIIIIitment, progress and leadership to have a positive impact on the colllllluni ty, These efforts should be viewed as first steps in a long term plan which i. directed at tundamental structure chanq. in the COllUllunity. In this context the efforts of the pOlice eupport changes which are directed at improving the inteqrity and strengtb of the cOllUllunity to effectively become a law abiding area. , .. , . , ..' , ,/ A ~ . . MEMORANDUM '1Q: WALTER O. Bl\RRY CITY MANAGER THRU: FRANK SPmCE '7 DIRECl'OR DEVELOPMENl' s VICES F'RC1'I : ~ GERALD B, OiURCH, P.E. . CITY ENGINEER DATE: JANUARY 31, 1989 SUBJECI': N.E. 1ST STREET STORM DRAINAGE P'FIDJFI::r/ AMEMMmI' NO 2 - AGREEMENl' FOR PROFESSIrnAL ENGINEERmG SERVICES The City entered into an agreement with Barker, Osha and Andetson, Inc., to provide professional engineering services for a master storm drainage plan for the downtown area, reference Agreement dated May 29, 1986. Upon canpletion of the engineering study, the ronsultant was authorized by the City to prepare the detailed con- struction plans for the installation of a storm se1Ner in N.E. 1st street, fran Swinton Avenue, east to the Intracoastal Waterway, reference Amendment No. 1, dated August 10, 1987. The fee proposal was in the arrount of $39,500, of which $22,500 was provided for basic design services and $17,000 was allocated for con- struction inspection services and record drawings, The Consultant has c:anpleted the plans, which 1Nere reviewed by the Engineering Department. The Project is under construction. The changes made to the scope of services are as follows: 1. After the preliminary plans were subnitted for the N.E. 1st street storm Drainage Project, it was noted that a substantial arrount of paverrent restoration was involved. At that time, the consultant was requested to design, as an alternate, the reconstruction of N.E. 1 st street as a three-lane urban roadway for that section fran N.E. 2nd Avenue to N.E. 6th Avenue. This alternate was felt justified since this segment of N.E. 1st street is part of the one-way pair and upgrading the road would encourage increased usage. Therefore, bids 1Nere received to con- struct a storm drainage project and, basically, just restore N.E. 1st street to its present condition, plus a alternate bid to reronstruct N.E. 1st street as a three-lane facility, c:anplete with curb, gutter and sidewalks. II. After the preliminary plans 1Nere c:anpleted, there was roncern about the alleys and local drainage problems within the blocks, It was known that several of the alleys flooded. For exartq)le, flooding occurs in the alleys to the north of N,E. 1st street between N.E. 2nd Avenue and N.E. 3rd Avenue; and the alley just south of N.E. 1 st street between N.E. 4th Avenue and N.E. 5th Avenue, Additional detailed surveys were made of all alleys within the drainage shed so that storm drainage connections could be designed to serve the alleys when they are recon- structed. The consultant prepared design plans for 11 alleys connecting to N.E, 1st street fran N.E. 1st Avenue to N.E. 7th Avenue. ., t , , " N.E. 1st street storm Drainage Project January 31, 1989 Page Two III, 'lbe drainage shed for the N.E. 1st street Drainage Project did not include the intersection of Atlantic Avenue and 4th Avenue. This is where severe flooding occurs, to the extent that during heavy storms, the floors of sane of the stores flood. A review of the N.E. 1st street drainage plans indicate that it would be possible to extend a storm sewer in N.E. 4th Avenue to relieve this flooding oondition. 'lbe alternate was to wait until the next major storm drainage project in the downtown area would be constructed. Since Atlantic Avenue Beauti- fication Project was under way, it was felt appropriate to request a consultant to add to the storm drainage project the intersection of Atlantic Avenue and 4th Avenue with the intent that' the work would be coordinated with the Atlantic Avenue Beautification Project. This storm sewer extension has been included in the project, IV, Amendment No. 1 to the Agreement included full time inspection by the consultant. 'Ihe City Engineering Departrrent will do the resident inspection, thus reducing the scope of services by the consultant. The additional canpensation for the engineering design work described above is as follows : I. Add alternate to provide for reconstruction of N,E. 1st Street as a three-lane roadway, canplete with =b, gutter and side _ walk. $ 8,698.28 II. Survey and design of all alleys off N.E. 1st street to provide for storm sewer connections to drain alleys when they are re- constructed. 32';816,21 III. Include storm sewer extension to intersection of N.E. 4th Ave. and Atlantic Avenue. 11,233,00 IV. 'lbe City shall provide full-time inspection, whereby scope of services reduced by -17,000.00 Net increase to contract $ 35,747.49 Attached is Amendment No. 2 Agreement for Professional Engineering Services , reccmnended for approval. GBC:slg ee: City Attorney Gates Castle Attaclurent -' t t' " . .' - . >. . AMENDMENT NO. 2 TO AGREEMENT FOR ~ROFESSIONAL ENGINEERING SERVICES WHEREAS, on the 29th day of May, 1986 the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation chartered under the laws of the State of Florida (hereinafter called the OWNER) and BARKER, OSHA & ANDERSON, INC. , a corporation ,chartered and existing under the laws of the State of Florida (hereinafter called the ENGINEER) entered into an Agreement for engineering . services relative to an engineering study (the Study) of storm- water drainage in the downtown area of the Cit~ (the Project) as - further defined therein, and .:: ~ WHEREAS, said study was completed by ENGINEER and was accepted by OWNER, and -. WHEREAS, under the provisions of the Agreement, SECTION 2 - ADDITIONAL SERVICES OF THE ENGINEER, the OWNER may authorize ENGINEER to furnish de~ailed design, preparation of construction drawings, specifications, contract documents, engineering servi- in - ces during construction and construction observation connec- tion with the Project, and WHEREAS, in response to a request by OWNER, ENGINEER submit- ted a Fee Proposal for Professional Services, Design and Services ~ , During Construction for Drainage Area (Secti~n) 3 of the City as , delineated in the Study, which in turn was, by mutual consent incorporated into and made a part of Amendment No. 1 to the Agreement dated August 10, 1987. and WHEREAS, the OWNER has required that the ENGINEER modify the Scope of Work as described in Amendment No. 1 so as to allow the OWNER to evaluate certain alternatives relative to Drainage Area i 3, and " WHEREAS, based on requests from the OWNER, ENGINEER has conducted deta~led engineering field surveys, .computatio.ns and drawings that have enabled OWNER to evaluate his alternatives for drainage improvements in Drainage Area 3 at a significant cost to ENGINEER over and above that agreed to under Amendment No. 1. -1- . : . NOW THEREFORE, the OWNER and ENGINEER in consideration of , the mutual covenants hereinafter set forth agree to further amend the Agreement of May 29, 1986 and Amendment No. 1 of August 10, 1987 as follows: l. Scope of Work. The services to be rendered by the ENGINEER shall include those services outlined in brief under Section 2,1.6. of the Agreement for the following options in addition to Exhibit A of Amendment No. 1: (a) Provide construction plans and specifications for the reconstruction of N.E. 1st Street from N.E. 2nd Avenue to N.E, 6th Avenue to a 3-lane one-way roadway with drainage facili- ties provided in accordance with the study as previously defined herein and authorized by OWNER in letter of September 22, 1987 including design for the ultimate required storm drainage facil- ities in N.E. 1st Street and N.E. 4th Avenue. (b) Provide a detailed in-depth evaluation of a modified Drainage Area 3 incorporating all alleyways and other - major streets between N.E, 2nd Street and Atlantic Avenue, between N.E. 1st Avenue and the Intracoastal Waterway, and to some degree south of Atlantic Avenue including field topographic surveys, drawings and preliminary estimates of cost. (c) Provide construction plans and specifications for N,E. 1st Street using the existing road cross-section and the ultimate design for the storm drainage system. Provide con- struction plans and specifications for the ultimate design storm drainage system in N.E. 4th Avenue from East Atlantic Avenue to N.E. 1st Street. (d) All other services as presented in EXHIBIT A to ,!I Amendment No. 1 shall remain as originally agreed to except that Item 4 on Exhibit A is by mutual agreement between OWNER and ENGINEER hereby deleted. The OWNER is to furnish resident project services with his own staff. -2- , .. . . 2, Period of Service Completion of the final detailed design drawings and permit applications shall be such that bids for construction can be received in May, 1988. 3. Compensation The engineering fees for basic professional services as outlined in 1. above are as follows: (a) Additional Labor & Other Costs $ 8,698.28 (b) Labor Costs $16,116.00 Surveys & Other Costs 16,700.21 TOTAL $32,773.58 (c) Additional Labor & Other Costs $11,233.00 Total Additional Compensation $52,747.49 (d) Delete Construction Services & Record Drawings ($17,000,00) 4. Other provisions, Other provisions governing OWNER and ENGINEER as set forth in the Agreement shall remain in full effect and force as if restated herein. IT WITNESS WHEREOF the parties hereto have made and executed this Amendment as , 1989. APPROVED AS TO FORM OWNER: CITY OF DELRAY BEACH ! By: Doak S. Campbell. III Owner's Attorney , Mayor ATTEST By: Elizabeth Arnau, City Clerk / ENGINEER: By: ATTEST - . - ~ //- By: ;W~>> ~ Z-.?'rt'd ;:Te ey . Renau t, Secretary -3- , )((1 [ITY DF DELRAY BEA[H (, .~ CITY ATTORNEY'S OFFICE 310 S,I ' Is. STREET, SUITE 4 DEL RAY BEACH, FLORIDA 33483 407(243.7090 TELECOPIER 407(278-4755 MEMORANDUM Date: February 7, 1989 To: City Cammi,sion ~ ~l, From: Jeffrey S. Kurtz, Assistant City Attorney { SUbject: Hold Harmless Agreement for the Use of the Delray Beach Mall as a Pol1inq Place The Delray Beach Mall is needed for use as a polling place for the upcoming March election. The owners of the mall have requested that the City execute a hold harmless agreement, which is attached, prior to letting us use the facility. At the present time the City Attorney's Office is negotiating with the mall to modify the agreement such that the City would only be responsible for the negligence of its employees, agents, or assigns and that the extent of the City holding the mall harmless would be limi ted by our sovereign immunity caps. It will be necessary for the City Commission to authorize the execution of a hold harmless agreement if we are to use the Delray Beach Mall facHi ty and this item is placed on your agenda for such consideration. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK:sh Attachment c..; W...I+-- ~ e',....J..k Av_ - . r , II ..... DelRAY BEACH MALl HOLO HARLESS CONTRACT .' !..icensee will indemnify Mell Merk~ting Fund/Merchents Associetion and WRI DEL RAY ASSOCIATES, INC, , together esteblish here for this hold harmless as Licensor and save it harmless from and a eny end all claims I actions, damages, liability and expense in connection with 10 1 i f e I personel injury and/or damages to property arising from and out of any occu in I upon or at the leas~d premises including the parking lot or any property adjo th~ pr~m~ses occesioned Wholly or in part by any act or omission of Licensee" its ~Qtnts, contractors and emoloyees. In the event, Licensor, shall without fault 0 part be made a party to any litigation commenced by or against Licensee shall pro end hold Licensor harmless and shall pay all costs, expenses and reasonable attor fees incurred or oeid by Licensor in connection with such litigation, IN,WITNESS THEREOF Licensor and Licensee duly executed and fixed their respective to this agreement on the day end yeer first written below, " NAME NAME COMPANY AN AGENT FOR LICENSOR DATE Distribution: Promoter; Mall Merchants Association; Corporate Office. 1640 South Federal HIghway, Delroy Beoeh. Rorlda 33483 . (<107) 272-1781 " '. .. , l , ".-- MEMORANDUM TO: Walter O. Barry, City Hanager FROM:~Robert A. Barcinski, Asst. City Hansger/Community Services DATE: February 9, 1989 SUBJECT: Documentation - City Commission Meeting - February 14, 1989 Approval of Lake Ida Tennis Center Lease Agreement Action City Commission is requested to approve the lease agreement with Palm Beach County for the Lake Ida Park Tennis Center. approximately 6.113 acres. Background The County Commission approved a lease agreement for the Lake Ida Tennis Center on January 24, 1989. The highlights of this agreement are as follows: l. Twenty year lease with three (3) five year options to renew. 2. Provides the same fee structure for residents and non-residents. 3. City will operate the tennis center. County the park, 4. Provides landscaping along 1-95. The following items requested by City Commission for amendment were not approved in the final document: 1. Facilities will be open to general public. not just county residents. 2. Compliance with County Codes was left in, 3. County would not delete section 7(t) , page 4. City will be required to abide by County Codes. 4. Discrimination provision on page 6, section 14 was not deleted as requested. A copy of the executed lease agreement is attached. Recommendation Staff recommends approval of the lease agreement with Palm Beach County for the Lake Ida Tennis Facility. RAB/sfd , " , I' " - -------- - .....--'. , - ~ - - ~ . - - - - - ;;/ Ha9 lJ 111 LEASE AGREE11ENT THIS lIGREEMENTo made and entered into this 24th day of .TRnllRry , l'lB...!l-, by and bctwe~n PALM BEACH COUN1'Y, a poli tical subdivision of the State of Florida, , (hereinafter referred to as the County), and the CITY OF DELRAY BEACH, FLORIDA (hereinafter referred to as City): 1. Lease of Premises: ~'he County hereby agrees to lease and rent unto the City, and the City hereby agrees to lease from the County, the property consisting of 6.113 acres more or less, as more fully described in Exhibit A. 2. Rent: The City agrees to pay the County as rent for the premises, the sum of one dollar ($1.00) per year and to assume and faithfully perform its obligations as set forth in this lease agreement. 3 . Term: The term of this lease shall be for a period of twenty (20) years beginning on the F, J2 jT, day of t'\A.R.c........ , 19BL and erJding em the 2. 8 -rlol day of , FE..?--R( JAr:t"l , 2.oo~ ' In addition to the above slated term, the City at its option may l-cnew this lease for up to three addit:ional five (5) yeal- terms, provided the Ci tj' com- pletes the proposed master plan (Exhibit B) and maintains and , operates the facility in a mann~r acccptaclc to the County. , I 4- Writtt=n Notice: It is understood and agreed between the parties hereto that ~Iritten notice mailed via ,- certified mail delivered tJO the County addressed to the " or att.ention: Palm Beach County Property and Real Estate Manage- - ment, 301 North Olive Avenue, West Palm Beach, Florida, 33401, i constitute , shall sufficient notice to the County. Written i i notice shall be mailed via certified mail or delivered to the I - , ~ " . " Cl.ty Manager at 100 N.W, 1st 1\ven\l€' 0 Delray Beach, l'loddil , 33444 and shall constitute sufficient notice to the City, 5. Alterations, lIddi lions ilnd Improvcl11er' t!~ : Alterations, additions and/or improvements shall be made ilt t}) " City's sole expenseo unless otherwise stated elsewhere in t.hj.:~ agreement, and shall meet all applicable City or County code~ and ordinances, The City shall obtain all necessary penni ts and inspections. If the City during the period of this lC(jsr~ abandons the use of t.he premises as a tennis center, the lc..:C:15\.:: shall terminate. 6. Access for Inspection and nepaiI': The City shall allow the County and its agents access at reasonable -' times to the premises for the purpose of inspecting the leased premises. The County shall be responsible for and be provi,lecl access to the existing well/well-shed on the leased premises," 7, ConstructJ..on and Operation of Tennis Center: The City shall construct a tennis facility in substantial conformance to the master plan cont,ained herein as Exhibit D, The City shall realign the roadway as shown in Exhibit B. The Ci ty shall remove the existing roadway (See Exhibit B, Fi9',!re .1 ) . The City shall i.nstall parking, within the lca~;cd premises, as shown on Exhibit Fl. The City shall not make an'}' alterations, additions or improvements other than those con- tained within the master plan wit.hout first obtaining written consent of the County. HClWeVel' . minor alterations of the master plan shall only .I. the Io/:dtten consent of the req,uJ,re , Direct,or of the County Parks and Recreation Department. The City shall exercise due diligence i.n the construction of: '1 minimum of ten (10) tennis COUI'tS, pro shop, parking rInd - ~ . rOadway modification as described in the master plan (Exhibit B), with sai.d improvements to commence within two ( 2) years f rom the date of the execution of this lease. Said impn1ve- ments shall be complete wit,hin five years from the date of this agreement. (a) The City shall he responsible for the operation of the tennis center. The City will open said tennis center to the public from approximately 8 a .m, up to 11 p,m., seven days a week, The hours of operation may be adjusted seasonally and may vary to provide for maintenance, etc, However, in no case shall the tennis center be open after 11 p.m. without the consent of the County Parks and Recreation Department. The City shall install gates, in order to prevent ,.' . vehicle access to other park areas, during the hours the tcnni~ facility is open and the rest of the park is closed. The City shall secure the park upon the daily closing of the tennis cent0r. (b) The City shall S0t the fees and charges for the use of the tennis center. The City agrees that its facilities on the l0ased premises, shall be open to the general public on a non-discriminatory basis ando if any fees are to be charged for the use of the facili ties, the fee charged non-residents shall not exceed the fee charged residents of the City. (cl The City shall at the City's expense operate, the , maintain and tenois center, and the County shall f , , malntain and operate the remainder of I.ake Ida Park; except as may otherwise be provided for in this agreement. (d) All landscaping, drainage, signage and construction performed on the leased premises shall meet City 3 - 01' County Codes, whichever are applicable. The City agrees to maintain the landscaping and grounds of the leased premises inclUding 0 but not limi ted too cutting, planting, trimming, hauling trimmings, watering, fertilizing and care of parking areas. The City shall have the right to landscape in order to provide noise and sign buffers to Interstate 95 (195), per , coum:y approval, The City shall have the right to, but is not required to, make lighting improvements along the entrance road of the Park, (e) All parking areas in the park and upon the h'aSC:ld premises shall be availclblc to all park users on an equal basis, ( f ) 'l'he City shall abide by all applicable County Parks and Recreation rules and regulations. (g) The Ci ty shallo at the City's expense, be responsible for any other maintenance, repair or replacement-to the equipment, improvements, or parking within the leased premises, 8, Indemnification: l'he City, hereby covenants and agrees to investigate all claims of every nature at its own expense and to indemnify, defend and hold harmless Palm Beach County from any and all claims, actions, lawsuits and demands of any kind or nature arising out of this lease agreement, to - the extent permitted by law. 9. General Liability Insurance: The City shall provide, prior to taking possessi.on of the leased premises, " /," evidence of insurance or s'Ellf-insurance satiSfactory to the County. 4 - , , ~ 10. ^ssignm~nt: City may not assign this lease or sublease any part of the lease or sublease any part of the leases premises without the County's prior written approval. II. Utili ties: The City agrees that it will pay all charges for utilities, including trash disposal, electricity or other illumination at the tennis center and for all water used , on the leased premises. Before vacating the leased premises, the City shall furnish evidence as required by the County that all such bills have been paid in full. The City shall be responsible for any and all depoSits or connection charges required by utility or telephone companies for the leased premises and the County shall not, be held responsible for any delay of installation or for interruption of service. , 12. Default by the City: If the City fails and neglects to perform any provision of this lease and fails to cure the same within ninety (90) days of receipt of written not.ice of t.he default, the Count.y may, il t .i ts option, make the necessary repairs and bill the City for said repairs, The County shall notify the Ci.ty in ~Jl'iting before effecting any , repairs, If the Count.y elects not to perform the cure, the County shall notify the City of its intention to not make the repairs and notify the City of the County's intent to terminate the lease, The City shall have then thirty (30) days from the City's receipt of the notice to terminate to cure the default, The City may cure its default at any time up to the effective date of the termination. 13. Janitoriill sery-ir:e: The Ci ty hereby agrees to regularly clean the interior and maintain the leased premises at no cost to the County. 5 , ' . - .-' 14, Discrimination: The facility shall be open to the general pUblic on a non-discriminating basis regardless of sex, age, race, residency, religion, or national origin or handicap. 15. Severability: Should any provision, clause or word of this agreement be ruled ineffective by a court of , competent juriSdiction, such shall not affect the remainder of this agreement. 16. Captions: Headings of paragraphs are for convenience onlyo and shall not be construed as having any substantive meaning whatsoever, ,- 17. Attorney's Fees: If any action at law or inequity shall be brought to recover any rent or payments due under the lease, for or on account of any breach thereof, or to enforce or interpret any of the covenants, terms or conditions of this lease, or for the recovery of partial payments for the improvement, the prevailing party shall be entitled to its costs and reasonable attorney's fees, the amount of which shall be fixed by the court and shall be made part of any judgment or decree rendered. 18, Signs: The City shall, at its own expense, provide appropriate signs to be used in or about the premises, in connection with the property leased hereunder. Said signage shall be approved by County's Park and Recreation Department prior to installation. 19. Governing Law:,,, This agreement shall be governed i by and in accordance wi the' the laws of the State of Florida and to the extent allowed by law, the venue for any action rising out of or from this agreement; shall be in Palm Beach County, Florida. 6 ; , ., / 20. Residual Ownership: Upon expiration or termin~- tion of this lease" all improvements shall vest in the County. IN WITNESS WHEREOFo the parties hereto have set th0.i:: hands, the day and year first written, CITY OF DELRAY BEACH, FLORIDA , By: MAYOR Attest: (SEAL) City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: City Attorney ATTEST: JOHN B. DUNKLE COMMISSIONERS OF ByaU~~ ' FLORIDA JAN 2 4. I~J89 Deputy Clerk (SEAL) , TO FORM FFICIENCY - . . t~! ,0 .. , EXHIBIT "A" SURVEY .'1' " ..~. Q~~ , f' ~ ~" ~ " ~~ ' ~t ~: '. - I ,.g ;-J'HJ " ,. - '- -'-1 _. ,~ t( -"""'.~ ",.", \ .m ~~ :t .. II I ~'" - ," , 'I ~, t!1 ",: , : I ' ,:" - I ' , . ...., -.'.. " "I ' '" I - ........._~'" '" .".,.....-, .. . .. ...-.'" .. ,~" '. 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'" " ., '..:, '.' 1'0,' .. ,_ ~) I. '. ~~, ~,' ;':',>,,,;,u, . ~,.~._, , .m ~ J ~ : ".,. ': ~'.:. '.:~/"'~," .... a\ . ~ "', "".." .... .' h 'O' ~~ .:, ,,-,.~ ..... ~';';::' .,,' .'. .' :' ~!'il ~ ", ';'., " "''', !'.,..., "''"''.. , t.. "'" .' , .t,. .' ,. . . ". ., ,.. ." . '~.., , > . . ~'..,.. ',(.. -_.. ~"-'.;: . --..- '- '-"~~."",~,,,,,,,,,,,,, NI...._'":_,..._ , . .~;I ..; ';~~ ". !.l\l . '. \ } , i:.~:,~.....~:..: '>J '. II ' .. $. \ ..., !l:Il.I"'\"':' : .. , ~/' '.:JI., , I · . ,.... , t, o. -to..'" . " ~ .. " . '. 0" '.' , 0 \, ~ ". l-iA"i(:,. ~\ H': ." p · - I 'a..,...:;'... '. . I.~ I" ... Ir I ,',~tjo'='." .' r~' ' . . 'f"~ III 1 ' -'..,,- .,,~ 'I .,' ~~' ..... \tl~[_ I \. .I; .I..:., .. ,1,,1., ." " . I \. _ .. ,"... I' tt '. : It I., , . I. , "" , I ...... ( \...~ I' ,,~;., ',.' .-: /" , ':.\.\ .. 'I,... .... Z. I _-.., . ..,_ . 0.'.;, ' ;, ~...\ ".'. ';ls ';(::/1',' i,'\ ".,~ :, I c,, 'l.t \ .., ",., .. , S - I '. \ _" ,.... i...;_ _I"~ .... 'l' ..,. .. . ~.. ~,l<: ,"'::~t::i: y. ..':,:..:.~\, ~r:,'ii<;' _._;~", _ " ." litI1t;\'..::;;wc, ", .' ... ,:,' ~4... :J./t'( MEMORANDUM TO: WALTER 0, BARRY CITY MANAGER THROUGH': FRANK SPENCE .0fS DIRECTOR DEVELOPMENT SERVICES FROM: ,t:r/ GERALD B. CHURCH, P.E. f CITY ENGINEER DATE: JANUARY 24, 1989 SUBJECT: TROPIC ISLE DRAINAGE PROJECT - PHASE ONE In conjunction with the subject project, several easements were required from the property owners. Three of the neces- sary Easement Deeds, for Lots 358, 425 and 426, are attached for Ci:ty Commission acceptance. The names on the deeds for Lots 358 and 426 have been revised as per the City Attorney's January 11 th memo (copy attached). Since the owners were identified through official records, a ti tle search is not recommended by Engineering. A copy of the City Attorney's January 19th memo, approving the Deed for Lot 425, is attached for reference (note that original of Easement Deed for Lot 425 was sent to City Clerk). An Agenda Request form is attached for this item. GBC:slg Attachment REr :IVED JAN 1 7 89 -~ [ITY DF [JE1:q~1l EER[H ENGINEERING DEPT.. (v CJTY ATTORNEY'S OFF1C~ 310 S.L. hr STReET. St fTr: ~ . DELR.\ Y 3L.\('H. FLORiD.-\ JHX:; ':Oi/~-I-.:-':'ol}U .. rElErOPlfn ';('i:.:!784755 MEMOR1\NDUM Date: January 11, 1989 To: Gates D. Castle, Assistant City Engineer From: Herbert W.A. Thiele, City Attorney Subject: Review of Proposed Easement Deed for Tropic Isle Drainage Project This memorandum is in response to your request for a review of proposed Easement Deeds for Lot 358 in the Tropic Isles subdi- vision with regard to the Tropic Isle drainage project. Our review of the proposed Easement Deeds and the Partial Release of Mortgage indicates that the form of same is accept- able to the City Attorney's Office, with one additional correc- tion. That is, specifically, the names of the grantors on, the Easement Deed, from the Civettinis and that of Vincent Rubino need to be modified to correct the name as they currently hold ti tle. Al though we have yet to do any title search on this subject, it would be my thought that the title by the Civettinis is probably held as follows: "John Civettini and Jeanne Civettini, his wife", and the title to the property of Vincent Rubino is probably held as "Vincent Thomas Rubino, a. single man". ' With these 'corrections, , these Easements' are acceptable and should now be scheduled b'.1 your office for consideration and acceptance by the City Commission. In the interim, if that is the request of your office and same is approved by the City Manager, we will have a chain of title (for record title owners) search run on this Lot 358 and Lot 426 to determine record title ownership. If you have any questions, please contact the City Attorney's Office. $' HT:sh Attachment/originals of Easement Deeds , N 0 I' N . " - EASEMENT DEED THIS INDENTURE, made this ~ay of October, 1988, by and between .PAMELA H. QUARTA , party of the first part, and the CITY OF DELRAY BEACH" a Florida municipal corporation in Palm Beach Conty, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does 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: STORM DRAINAGE with full and free right, liberty, and authority to enter upon and to install , operate, and maintain such STORM DRAINAGE under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit : EASEMENT THE EAST 6' OF LOT 425, TROPIC ISLE, 3RD SECTION AS RECORDED IN PLAT BOOK 25, PAGES 36 & 37, PALM BEACH COUNTY RECORDS. . . Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The par ty of the first part also agrees to erect no building or effect any other kind of construction or improve- ments upon the above-described property. party of the first part does hereby fully warrant the title to said land and .will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. . QUAR , as Guardian ,",- of Vincent L. Quarta IV and / Valerie Lynn Quarta, minors , STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer authorized in the State and County aforesaid to take acknowledgments, personally appeared PAMELA H. QUARTA well known to me, and they acknowledged executing the same. - WITNESS my hand and official seal in the County and State last aforesaid this /9"^-day of October , 1988.- .~~_' _ ~ X;-:~ ~; .,- . ..... .. ~~.J f~~~;OF Notary pula c, State'of Florida at Large MYRON" DUNAY. P.A. My Commission Expires: .,...AT\NlT1C1tIE ~3 DILRAY ~ P\.OIIIDAI34I3 IOIAI' "ILle .IA11 or FLotlOA IT COAIIIIIOI II' JULY 11.1111 IOIDID 1M' InUIL la. 110. --.- .' ,.. , 'OCT 2 8 ' EASEMENT DEED n 1 11aa,' , THIS INDENTURE, made this ~day of ~, 19~, by and between Vincent 'l'haDas Rubino, a single man, parties of the firs part, and the CITY OF DELRA Y BEACH, a Florida municipal corporation in Palm Beach C.9\l.nty, -State of Florida, party of the second part: " WITNESSETH:' That the parties of the first part, for and In consideration of the sum of Tim ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt, of which Is hereby acknow.Iedged, does hereby grant, bargain, sell 'and release unto the' party of the second part, Its successors and assigns, a right of way' and perpetual easement for the purpose of: storm drainaqe with full and free right, 'Jlberty.. and authority to enter' upon and' to Install, operate, and maintain such storm drainaqe under, across, through and upon, over, under or within the following described property located In Palm Beach, County" Florida, to-wit: " ' , . EASEMENT " " ThEi West 6:lof'~ 426, ~ic!$le, 3rd Section, as rerorded ,in Platl;lo?k25, ,Pages ~6 ~,' 37 ,'Pilin,Beach Cbunty RecX)]:d~. " , , ',' Concomitan,t and coextensive with this right Is the f,urthet right In the party , of the second part, Its successor,s and assigns, of, ingress and egress oyer. and on that , portion ,of land described above, to effect the purposes of the easement. " :" That this easement shall be su!?ject only to those easements, restrictions, and reservations of' record. That the parties of the first part agree to provide for the release of any and all mortgages' or Jlens encumbering this easement. ' The parties of the first part also agree to ,erect no building or effect any other. kind of construction or : improvements upon the above-described property. . ..... "..". . . '. . . . '. , ' ~ Partlipyof th~ first part~Shereby fully warrant the' title to sald land and will defend the same against the'lawful claims of all persons whomsoever claimed by, '. through or under it, that It has good right and lawful authority to grant the above- 'described easement and that the saine is unencumbered. Where the context of this , Easement Deed allo\.;s ,or permits, the same shall' Include the successors or assigns of the parties. : ' ' ,',', , , " ' ,', ' , . ' . . . , , , , ,': "'IN WITNESS WHEREOI:.1 the parties to this Easement Deed set their hands , and seals the day and year ,first above written. ' ;~Zl~T .. " " , .. , STATE OF FLORIDA . <.,r COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an of~icer authorized 'In 11 th,e Sr~nd. County aforesaid to .take acknowledgments, personally appeared '/NlI'~ ' ,;EPNl'01Well kn~wn to me, and th:ey acknowledged e,xecutlng,the,same. .~ \VIT~SS my hanf- and official seal In the County and State last aforesaid thlS day Of: ,)~JJ5 '19~~ '.' . .. " '-- ~";~.A./ Notary Public, State Florida at Large -. . My Commission E,xpires: ..'.., MUC ITIII . ~ " l1li1.... w. eM'....' .... ,. 11_ ,..... , . 3'1' ; ,,' ~ I I " PARTIAL RELEASE OF MORTGAGE This Indenture is made as of June 24, 1988 , by and between Vincent Rubino , the address ot' which is 1503 Lake Drive; Delray Beach, Florida 33444(0/0 L. Reyes) , (RMortgagorR), and Jeannine Cook , (RMortgageeR). WITNESSETH: ,Whereas, Mortgagee is the owner and holder 'of that certain , mortgage, executed by Mortgagor and encumbering certain lands and tenements of which the property herein described as: IDt 426, Tropic Isle, 3rd Section, as reoorded in Plat Book 25, Pages 36 & 37 I Palm Beach County Records. . Whereas, Mortgagor has agreed to convey to the City Delray Beach, County ~f Palm Beach, Florida, by way of a certain Eas~..nt Deed the property herein described, which said property is a part of the premises encumbered by the AOOve-described Mortgage; and Whereas, Mortgagee, at the reques~ of Mortgagor, has I agreed to give up and surrender the lands hereinafter described to Mortgagor in order that Mortgagor may convey the same by way . of s aid Easement Deed to said City of Delray Beach, / County of Palm Beach, Florida. - Now, Therefore, ~now All Men By These presents! That Mortgagee, in pursuance of ,the above-mentioned agreements, and , , in consideration of the sum of Ten Dollars ($10.00) paid to it , , by Mortgagor, does hereby grant, release and quit claim to Mortgagor all that; part of the premises encumbered by that p:lrtion ' of the Mortgage described in Exhibit A attached ,hereto and made a part hereof. Together with all the hereditaments and appurtenances 1 , , , I . , 1 I I - . i ! , thereunto belonging, and all the rights, title, and interest of Mortgagee of, in, and to the same,/othe intent that the lands hereby released may be dischaxged from said Mortgage and that the remainder of the lands specified in said Mortgage may remain mortgaged and encumbered to the Mortgagee. .IN WITNESS WHEREOF, Jeannine Ox>k , has caused this Indenture to ,be executed as of the date above first written. / . /~~~~~~ c}#ur:<"'~ 1YL~ ;\HJ.', j Of>J(Y' C ortgagee, . STATE OF :it, C. . COUNTY OF (?#U~~~ . The foregoing instrument was executed before me this ~f day of Jure , 19S.L, by ::JE/1nnihe. Cot) 16 as - ft{ ote t5 t9jee.- of " ' .. I , . ~#s.r~(~~~ My Conunission Expires I N'P9/i'Y , . ,- I.} (' . . -~-- - 2 E X HIBIT A " .' The West 6 ' of Lot 426, Tropic Isle, 3rd Section, as recorded in Plat Book 25, Pages 36 & 37, Palm Beach County Records. ~ ,:'. " !". . . , , , l ! , , , EASEMENT DEED , , , THIS I;"JDENTURE) ~adl; this Ql,(pday of fl.:rt9l3eFt l~ by and between , John~vettini & Jeanne Civett~n~ ":1~rties of the first part, and the CITY OF . DELR Y 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 said party of the second part, the receipt, of which is hereby acknow,ledged, 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: stann dr,,;n"Il'" with full and free right, liberty, and authority to eriter'upon and to install, operate, and maintain such ..!'nnn dr,,;n"gI> under, across, through and upon, over, under or within ,the following described property located in Palm Beach County, Florida. to-wit: ' EASEMENT 'lhe East 6' of Lot 358,', Tropic Is1~,' 3rd Section as rerorded in Plat Book 25, Pages 36& 37, Palm Beach Cl:lunty Records, ' Concomitant and coextensive with this right is the furthet right in the party , of the second part, its successor.s 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 suyject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and all mortgages'or liens encumbering this easement. The parties of the first part also agree to ,erect no building or effect any other kind of construction or . improvements upon the above-described property. , ....: Parties of the first part do hereby fully warrant the title to said land and will defend the same ag~lnst the .Iawfui claims of all persons whomsoever claimed by, " through or under it, that it has good right and lawful authority to grant the above- 'described easement and that the same is unencumbered. Where the context of this ' Easement Deed allo\vsor permits, the same shall' include the successors or assigns of the parties. ," : . ,"' IN WITNESS WHEREOF" the parties to this Easement Deed set their hands ' and seals the day and year ,first above written. (Jhd(~ -- , /:.' .,f STATE OF FLORiDA COUNTY OF PALM BEACH 1 HEREBY CERTiFY that on this day, before me, an of{iccr authorized in the Stat~an9 County aforesaid to take acknowledgments, personally appeared "'ohYl c1,1t ,/,v.!,t,. , well known to me, and th:ey ackn9wledged executing the,same. """,d i)ec..."'.fi,/~1T'/K.. , 'r<t WiTNESS my han'd and official seal in the County and State last aforesaid '''''2;:- doy of OC~"-'r .1~ ~~. ~~ G-Notary Public, State Florida at La(g~ My Commission Expires: 3( ". ..V...,. I.- . ~~. I' IOTIIT "Ie nlft ., FUI1III n ~ :::-=o:.~ DEJi~7~~t" ~ --...- , , ' I PARTIAL RELEASE OF MORTGAGE This Indenture is made as of OCTOBER ZI. 1..8 , by and between JOHN a JEANNIE CIVETTINI , the address of which is Z'U FLORIDA BOULEVARD, DELRAY BEACH. FLORIDA , (-Mortgagor-), and AMERIFIRST , (-Mortgagee-). WITNESSETH: Whereas, Mortgagee is the owner and holder of LOAN #013041 ZZS.FILE#18851 0 , mortgage, executed by Mortgagor and encumbering certain lands and tenements of which the property herein described as: Lot 358, Tropic Isle, 3rd Section, as . Recorded in Plat Book 25, Pages 36 & 37, Palm Beach County Records. Whereas, Mortgagor has agreed to convey to the CJty Delray Beach, Co~nty o~ Palm Beach, Florida, by way of a certain EAsEMENT Deed the property herein described, which said property is a part of the premises encumbered by the ABOVE MENT I ONED Mortgage; and Whereas, Mortgagee, at the request of Mortgagor, has J agreed to give up and surrender the lands hereinafter described to Mortgagor in order that Mortgagor may convey the same by way of said E-_NT Deed to said City of Delray Beach, County of Palm Beach, Florida. Now, Therefore, ~pow All Men By These Presents~ That Mortgagee, in pursuance ofdthe above-mentioned agreements, and in consideration of the sum of Ten Dollars ($10.00) paid to it by Mortgagor, does hereby grant, release and quit claim to Mortgagor all that part of the premises encumbered by ABOVE DESCRIBED Mortgage described in Exhibit A attached ,hereto and made a part hereof. Together with all the hereditaments and appurtenances 1 . I . I , , i ! thereunto belonging, and all the rights, title, and interest of Mortgagee of, in, and to the same, ,to the intent that the lands hereby released may be discharged from said Mortgage and that the remainder of,the lands specified in said Mortgage may , ' ' remain mortgaged and encumbered to the Mortgagee. ,IN WITNESS WHEREOF, AMERIFIRST BANK. A FrnRRlIT, ~lI'1"rl\nc; BANK , has caused this Indenture to be executed as of the date above first written. AMERIFIRST BANK, A FEDERAL SAVIN3S BANK BY:~ Mortgagee STATE OF FIORIDA COUNTY OF r'AIM BEACH The foregoing instrument was executed before me this ~RD day of November , 19B-!, by VJ, M~\ec..k~ as ~ i ('(" Y~5,\ ct€.l\+ of AMERIFIRST BANK, A FEDERAL SA~ BANK. ,y."~~~ My Commission Expires: .. Nobry M&c. StlIIa cllloridI " IvflF My Commission Expires June 4. 199J laded n... lror ,.... luWII.c. ~ J - " " " , . '2 . ' . EXHIBIT A " . THE EAST 6' OF LOT 358, TROPIC ISLE, 3RD SECTION AS RECORDED IN PLAT BOOK 25, PAGES 36 & 37, PALM BEACH COUNTY RECORDS. . ,- " /' ,,: -; . 1 . " { ! . ' ; Ii [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 310S,E,IstSTREET,SUITE4 DELRAY BEACH,FLORIDA 33483 HI 4071243-7090 TELECOPJER 4071278-4755 MEMORANDUM Date: January 19, 1989 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: LIFT STATION "101"/EASEMENT DEED The closing on Lift Station "101" was held on Thursday, January 19, 1989. Robert Simpson and the City entered into agreements which provide the City with ownership of Lift Station 101 and appurtenances thereto, as well as an easement granting access to the lift station. Robert Simpson signed a qeneral release releasing the City from any other liability. The costs of closing were less than the $19,000.00 authorized by the City Commission and the City recouped.pa.s.t-due B'1i1nin.q Permit fees fram the owner. Enclosed please find the Easement Deed for your acceptance. By copy of this memorandum to Wal~, 0,. Barry, City !o'"n"ger:, our office requests that the attached Easement be placed on an upcaming City Commission agenda for their approval prior to the Easement being recorded. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEAQi, FLORIDA --- . By: san A. Ruby, Assistant City SAR:rg Attachment ce: Walter O. Barry, City Manaqer Robert Barcinski, Assistant City Manager Elizabeth Arnau, C,j,ty Clerk ---. - -- ___-~ ,-~- .0.;...""-- ___._, ~ _ .'.' ----- ......~ -. - - --..- - ';'-;-- _.., ___ _"",,-<ir - ... .-- - -r" . _~- _. _~~~_' ..~ ~ .. - .-. .-..-... -- --..... ~- ..-....... --" --,,~ -~=- .~~:~: ~-~.- -".:.- ~:.. ~.- -~~- ~,..' . ~.- - ~.,-, ']' L -._- - .-.." ... -.- ~ "'~'- > -- '.00:__ _,_..::.~-:___ .- _. __ --;.-~ :~ ..S: .;;:. --~~e-;'f!. -~..... ..." "-. '--". ,- - .......... _.,,~"" - ..- ".-.... ''-,... -- '--:.~-:- ~--~ .- -:.: - -~--..".:, ~....~ ..:..~~ .~----. ._, -"",,,,' ~' - "if. - ~~'-,"", '-'--.-~- - ~~ -~~---.~~ ~::~ ---:t- -- ~~L, -~~~ -- ~,. -- .~,~_. ." -_--- _~ ,~'~~,w. _ ~, . _ ~, '..._ ~;..~~.,;..;7=_- :;:,:::;:-,~; :.. .- :..i- ..:.:;,.. __.. .;Ol ~" ":"--i:::-'-. ___~.i?, ",~ -..-..;.. ... ," __ ..-, !1ii::'-; 0,,- . 7 ' '. EASEMENT DEED , THIS INDENTURE, made this day of , 1989, by and between Robert Simpson, President, on behalf of R.S,S. Properties'J~rtles of the first part and the City of Delray Beach, Florida, a municipal corporation in Parm neach 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 said 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: Lift Station 101 with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such Lift Station 101 under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: EASEMENT See Attachment "A" . .. Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effeCt the purposes of the easement. That this easement shalJ be subject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and all mortgages or liens encumbering this easement. The parties of the first part also agree to erect no building or effect any other kind of construction or improvements upon the above-described property. Parties of the first part do hereby fUlly warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above- described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the SUCCessors or assigns of the parties, IN WITNESS WHEREOF, the parties to this Easement Deed set their hands ' and seals the day and year first above written. WITNESSES: - R'6bert Simpso , President R.S.S, Properties, Inc, STATE OF FLORIDA ; COUNTY OF PALM BEACH f I HEREBY CER TlFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared known to me to be the person described in and who executed the foregoing instrument as Pr...irlpnt of R,S,S, Prooerties, Inc, , a corporation organized under the laws of the State of Florida . He /She acknowledged before me that he executed the foregoing instrument as such an office in the name and on behalf of the corporation, and that he also affixed thereto the official seal of the corporation, SWORN TO AND SUBSCRIBED before me this /911- day of JO>rI(.(Qrt. 1989. ~'f~ t/ -/.,.,,;:._, tary ubIlc -~ My Commission Expires: ,..,.. . . - ." . . ..... .' .. .' ..... ATTACHMENT "A" The west 20' ,(measured at right angles) of the north half of that part of Tract 1, lying west of US 1, Correction Map showing property of Harry Seemi1ler. Palm Beach County, Florida according to the Plat thereof recorded in Plat Book 9 at page 72 of the Records of Palm Beach County. . . . . . t , . /. ,,,. . -- .~ '. - . .' , , [IT V DF,DELRAY BEA[H "'-"'. "",,{: .' " . '. .-',-',., CITY ATTORNEY'S OFFICE ~'IS.1 ;~'')i!HI-l ~tlTl ~ I1FLR,\ Y AI \( II. IJ,()KID..\ 3J~S3 .;, ~ 2.n.-lIQ,j T11; ("OPIIR ~I.~::-,~-..;;; MEMORANDUM Date: ,'January 31, 1989 To: Elj,zabeth Arnau, City Clerk ,;+.',. """,:'-': From ,Herbert w. A. Thiele, City Attorney Subject: OUIT-CLAIM DEED - FOREST ROAD ABANDONMBln' Enclosed,please find Quit-Claim Deed with Rid.u "A" attached to be executed by you and the Mayor. This matter should be scheduled for approval/ratification at the City Commission meeting of February 14, 19&9. , $' HT:rg Attachment ., ,:/0 ..... .. .-...- - , . 3~ . --- ." ...;,:;o~,:.__ , ."~- , .-.-, ,II , aulToGAlM .._ litis fuit.Oaim Ittd, &.euleelllais day of January , A, D, 19 89 ,"" I , CITY OF DELRAY BEACH, a Florida municipal corporation I , flnl pari", 10 i SHERWOOD PARK GOLF, INC. , a Florida corporation , wl.oa. _'afflc. addr.ss is 14857 Forest Road, De1ray Beach, Florida 33445 ! , I oecanel par/)1' , (WIwrewr uwd lwNin d... ..,..... "finlrtY" alMi ..we..... party" shall iKl_ aillllVlar ..... 1IIwaI. Min. Iep.I repn'teftUlliws. .Dd uW"'" .... ,adi.,. . ..d lhe IIICI"f'IIOn ..d aMi... of co:'JIOf'aUn.. ~_ lhe eotIlut 10 adaUu or reql.li,..,,) BitafSSdh, TI,al ",e raiel fi..., parly, far and in roruieloralian of ,lae .um of , 10.00 in laand pa.el "y II.. .aiel .ecand pari,. II.. ..c.ipl wl.e,eof is 1....", lU:1rnawleJlleel. doe. I.ere", ..mi.e, reo r..... and quit.claim unla lI.e ,aid .econd pari, forouo., ..II fhe rilllaf, 1Ille. Inl......I, claim and el.moncl wl.icl. , ,'''' .aid fi..., pari" "'" in and 10 tl.. fallawlng el..crl".d 101, piece or parc.l of land, .1I11af.. lyIng and ".inll , I In II.. Caunl, of Palm Beach 5'01. of Florida . le-wU: I Set out in full on Rider 'A' attached hereto and made ! a, part hereof. , THIS QUIT-CLAIM DEED is executed and given to clarify and I II correct the legal description contained in Resolution No. 67-88. " II I ,I I " n I: " II To Mall' and to Jlold II.. .am. lag.'I.... will. all and .lnllular ,'''' appurl.nance. 11.""""0 "elonlling or In _"wi.. apperlalnlnll, and all ,'''' ..,aI., rilll.l, lid., Inl...". lien, equil" and claim wlac.l, .08u.r of II.. .aiel fi..., pari), .1I1.er In law or equll", 10 ,'''' only prvper w., !..n.fll and belaaaf of the IIJid .ecand pari" fGNuer. In Bitntss Bhft'fOf, The .ald flnl parl~ "'" .lgned and ....1eJ 11.... _.n" ,'''' cia" and _ flnl al.au. wrlll.n, Sillned, ....1eJ and d./iu.,eelln pre..nce of, CITY OF DELRAY BEACH ......-..-..............-..-..-..-..-..............-..-..-.................. .~!,:.,---,_.:..,'----_.,..--,--.--_.._--..,',..._"--,--,.,..".."....,..- ATTEST: , '- ---,-.-------"-"----....--.--.-..-.'-;.-CIty---clerlC'. , ___..____.._..______________________.______________.-;9____________. FLORIDA " STATE OF "......",.."",."""..,..............,..,..., COUNTY OF""..~~">>,~c.~,....,.."......,..,' I DUlY cnnrv dIa, .. tIUI clay. before _. ... affiur duly authorized iD the Stale afamaid ...d iD, the Cau n., af-.id lD take acbawled_DlI. penolUllIy appeared and , City Clerk df the City of Delray Beach to _ .......... to be the po..- dacribed iD aad ...... ......ted the '-aoiIII i.............' aad they a.k_led_ee1 before _ dIa, they _uted tbe _, WITNESS my haad aad ofl'ociaJ _I in dIa Cauaty and Stale Jut af_id .... clay 01 January A. D, 1189, ...............-...-.----...........--.......--...-..-.--.-.... NOTARY PUBLIC 1Ho__ _..--1Iy. MICHAEL E. BOTOS ..... ...... . om. 'llIIO__~ - <<II _ "40 ----- . al~~H "Au ~ i I A PNtCEl. CF !..AND LYING IN SeCTlaiS 13. laND 2/.;. To.o.NSHIP '16 SO,m;, RANGE 1.l2 EAsT I SAID PAACEL BEING DESCRrBED FC1l THE PURPOSE OF ~iXlft'fNT OF A POilTIOO ar Fa:teST ROAD, AS RECCAMD !N OFFrCI.tL. RECC1lD &xl< 1181, PAGES 552 AND 553, PUL!C RlC(W)s, PALM BEACH CouNTY, FLaUDA: SAID PARCEL B!ING ~E I ,.MTICl..l.AALY DESCRIBED AS FClJ.CW$: CCrtENcINCi AT M SaJn.t,,(ST ~eR CF THE SamiEAST ~ ClUAATER (1/~) r:t: SAID SECTlOO 13: 'THENCE blH 89058'23" EAsT ItL.ONG THE SOJni L.lNE rI SECTION 13, A DISTANCE CF S7Li.2L1 FEET TO A POINT A1.~ THE ExiSTING WESTER!.. Y RIGiT~OF-WAY LINE OF FMEST RoAD: SAID POINT ~so BEING THE Po!NT CF BEGI~ING CF THE PARCEl. TO BE HEREIN DESCRIBED: MNCE bn; 00'08'10" WEST Al..aiG SAID ~STERt..Y RIGHT-oF-WAY I.,HE CF ~e$T ROAD, A DISTANCE OF 1352. 53 FEET TO A POINT 00 THE Scu'rH!Rl.Y RIGHT-oF-wAY LINE OF STATE ROAD m <WEST A'IlANTIC AVE.); THENCE ItRTH 'l9047'tlS" EAST ALONG SAID 50JTHERLY RIGI<T .f;-WAY LINE, A DIST.6JoJCE OF 100.00 !'EEl, THENCE SouTH 00'08'10" EAST ItL.ONG THE EASTERLY RrGHT-OF-WAY LINE OF FauST ROAD, A DISTANCE OF 1352.8tl FEET: THEM:E So.1TH 00058'15" EAST ALONG SAID EAsTERLY RIGiT-OF-WAV LINE, A O:STANCE OF ;2Ll,07 FEET: THENCE SOJ1'H 89058'32" WEST, A DISTNiCE a: 100.00 FEET TO A ~INT ALONG M EXISTING Ir.tSTE~V RrGHT~-WAV L.rNE OF FC1lEST ROAD; lloIENCE l'brr,~ 00058'13" ~ST Al..OOG SAID WESTERLV RIa;T-cF-WAV LINE, A DISTANCE Ci 52Ll,07 FE~T TO THE AF~E- ! ICNTI~ PoiNT OF BeGINNING. I CCmAINING Ll.31 ACRES IO! CR LESS, , 1 i , ! i ! i i i -- - " />" i , I I I I ! ; . CHANGE ORDER ~ 1... No. 7 Dated .T.Rnn::n"y 1 Q , 198..JL Project No. Bid # 88-105. Purchase order # 016739. Dro1ect , 333102 Project Name: Linton Boulevard Landscapin~ between Military Trail and CSX Railroad Owner: City of Delray Beach, Florida . Contractor: T......lo'e )Ju,...C!o,..Y' t. Ta,.,,4el">apo. T",C. Contract Date: IIInvpmnp.. 7 lQ1!1! To: Brian Tuttle. owner. Tuttle's Nurserv & , Contractor Landscape. INc. You are directed to make the following changes in the subject contract: Delete items shown in schedule "A" attached Add items shown in schedule '''B'' attached , which changes are more specifically described in the, attached amended plans, drawings, and specifica tions. The reason for the change is as follows: The Washingtonia Palms specified for the sidewalk cutouts will not fit in the cutouts as the trunk and rootba1l is too large. Additionally low overhead lines will not accommodate the ultimate height of the Washingtonia Palms. We are substituting matched booted Sabal Palms on the sides of the roads and using the The contract price and contract time shall be adjusted because of such changes as follows: , - , A. Contract Price 1. Contract price prior to this change order: $168,276.00 , '. Page One of Two Pages ---. ..- ----- ';-': I . . ~i . Reason for change (cont.) Washingtonia Palms in the medians where their height will be unrestricted and where their rootballs can be easily planted. The substitution of Indian Hawthorne (Raphio1epis indica) for the Boston Fern (Nephrolepis exalta) under the Dahoon Holly is also proposed as the landscape contractor and I feel that the Fern will have too much exposure from sunlight and will not do well. The Consultant H. Kurt Kettelhut has agreed to these changes. .._____.._n _._--_._~ ._-~--~ . . . " f CHANGE ORDER I~ 2. Net increase resulting from this change order: "'~~ "9~nps8 .2,340.00 3. Current contract price including this change order: $ 165,936.00 B. Contract Time 1. Contract time prior to this change order: 120 days , 2. Net increase resulting from this change order: no change 3. Current contract time including this change order: 12-27-88 through 4-25-89 City of Delray Beach, Florida, OWNER By: Attesb . City Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on , 198_. I understand that all the provisions of the Contract Document related to Project No. which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change ,Order. Witness: , CONTRACTOR By: As to Contractor Title .,. . . , Page TWo of Two Pages , ,I Deletions Schedule "A" 164 Washingtonia Palms 16' O.A. heights $250 @ $41.000.00 78 Sabal Palms 14' -24" booted $110 @ 8.580.00 1040 Boston Fern $3.50 @ 3.640.00 $53.220.00 Additionas Schedu1e"B" 26 Washingtonia Palms 14' O.A. height $250@ $ 6.500.00 26 Washingtonia Palms 16' O.A. height $250@ 6.500.00 26 Washingtonia 'palms 20' O.A. height $500@ , 13.000.00 164 Sabal Palms booted and matched $120@ 19.680.00 650 Indian Hawthorne 18" O.A. height $8 @ 5.200.00 $50.880.00 Net decrease $2.340.00 to contract _0.._- -,- t 'Jf) ; ~/'''''-''''''''7 ENGINEERING DEPARTMENT MEMORANDUM TO : Walter O. Barry City Manager THRU . Frank Spence ~ . Director Development Services . FROM :~erald B. Church, P.E. City Engineer DATE . February 1, 1989 . SUBJECT: Traffic Improvements - Dixie Boulevard at North Swinton Avenue Attached are three copies of Change Order No. 1 for the subject project. The change involves additional sidewalk removal and replacement not in the original contract. It was a field de- cision to have the contractor remove and replace the broken side- walk under his contract rather than have to do the sidewalk re- placement at a later date. The amount of the Change Order is $749.00 with funds to come from lapsed 1987/88 funds. An Agenda Request is attached for this item. GDC:GBC:ji Attachments , ..--- -, , , , 3'1 . , . . , . CHANGE ORDER No. 1 Dated January 27, 1989 , - Project No. 06-29-88-DB Project Name: Traffic Intersection Improvements Dixie Boulevard at North Swinton Avenue Owner: City of Delray Beach, Florida Contractor: Charles S. Whiteside, Incorporated Contract Date: 17th October, 1988 To: Ch~r1~~ S. White~ide. Incoroorated ,Contractor You are directed to make the following changes in the Subject contract: '. Remove and install concrete sidewalk a10nq Swinton Avenue and connectinq from Dixie Boulevard to Swinton Avenue; and remove additional existinq' broken concrete sidewalk as directed. , Which changes are more specifically described in the attached amended plans, drawings, and specific a tions. The reason for the change is as follows: To reconstruct sidewalk areas that were badly broken prior to construction. The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price L Contract price prior to this change order: 16,805.00 Page OneQf Two Pages - --.. ----. . , . \ \ . , , CHANGE ORDER i - . 2. Net increase resulting from this change ,order: - 749.00 3. Current contract price including this change order: 17.554.00 B. Contract Time 1. Contract time prior to this change order: 35 Davs 2. Net increase resulting from this change order: None 3. Current contract time including this change order: 35 Days City of Delray Beach, Florida, OWNER By: Attest: City Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on January 27. , 198 9. I understand that all the provisions of the Contract Document related to Project No. 06-29,.88-DB which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. Witness: fl:;)j~~ ' CONTRACTOR 1(// As to Contractor , , .. Page Two of Two Pages ---- ------" ; - t " , MEMORANDUM TO: Walter O. Barry, City Manager FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services DATE: January 31, 1989 SUBJECT: Documentation City Commission Meeting. February 14. 1989 Approval Change Order #1, Hoover Irrigation .' Action City Commission is requested to approve change order #1 on the amount of $18,596.64 with Hoover Irrigation for pump replacement, golf course irrigation system improvements. Funding to come from the Golf Course fund accounts 445-5711-572-33.11 and 33.39. Background On August 30, 1988, City Commission approyed a contract with Hoover Irrigation Co. in the amount of $45,020 for the improvements to the golf course irrigation system. Construction began in late December due to a delay in meeting bonding requirements, waived by Commission. The original contract included installation and repairs to the wet well screen ~ox, pump skid controller center, power and power controls, 126' of 18 inch flume, 22' of below grade pipe, gate and chain link fence, and to pull and inspect pumps and make recommendation for repair or replacement. Pump replacement was not anticipated by City Engineering Staff; however, there was no way to determine this need until the pumps were pulled and inspected. The pumps have been removed and inspected and the Engineers' recommendation is to replace the two (2) 50 H.P. and (1) 20 H.P. submersible pumps for a cost of $18.596.64. Repair costs are estimated at between $11.460 and $15,660. It would, therefore, be more economical to replace than to repair. Attached is a copy of the change order request and staff recommendations. Funding has been verified by the Budget Director; Recommendation Staff recommends approval of change order #1 with Hoover Irrigation in the amount of $18,596.64 for the replacement of two (2) 50 H.P. and one (1) 20 H.P. submersible pumps for the golf course irrigation system improvements. Funding to come from the Golf Course Fund accounts 445-4711-572-33.11 and 33.39. RAB/sfd ! - -..-- _. i '. . ,'. L/-D , . CHANGE ORDER No. I . Dated February 14 1989 , - Project No. 05-09-88-DB (H.E. # 5092.05) Project Name: De1ray Beach Municipal Golf Course Irrigation Improvements Owner: City of Delray Beach, Florida Contractor: Hoover Pumping Systems Contract Date: 12-2-88 (Notice to proceed 12-12-88) To: Brent Hoover , Contractor You are directed to make the following changes in the subject contract: Replace irrigation pumps rather than repair the existing pumps. Replaced pUlllpS include two (2) 50 H.P. Vertical Turbing pumps and one (1) 25 B.P. Vertical Turbine jockey pUlllp, to be installed in new pump station constructed under this contract. , which changes are more specifically described in the attached am~ded plans, drawings, arid specifications. . The reason for the change Is as follows: Existing pumps were not satisfactory for rebuilding or re airin . Motors burned out and rebuilt several times, pump frozen. The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price L Contract price prior to this change order: $45,020.00 Page One of Two Pages . --_..--- i_ f T h. ---. ~ CHANc..E ORDER I - . 2. Net increase resulting from this change ,order: $18.596.64 ' 3. Current contract price including this change order: $63.616.64 B. Contract Time . L Contract time prior to this change order: 45 days 2. Net increase resulting from this change order: 54 3. Current contract time including this change order: 99 (3/21/89) City of Delray Beach, Florida, OWNER . By: Attest: City Clerk City of Delray Beach Approved as to form: City Attorney . The above changes are accepted on , 198 . I Wlderstand that all the provisions of the Contract Document related to Project No. 05-0~ DB which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. Witness: . CONTRACTOR By: As to Contractor Title , , .. Page Two Qf Two Pages ! , --~. ~ 'I , , J . , . (v(' ENGINEERING V , MEMORANDUM TO: WALTER O. BARRY . CITY MANAGER f THROUGH: FRANK SPENCE ~~ DIRECTOR DEVELOPMENT SERVICES FROM: . hi' GERALD B. CHURCH, P.E. Y" CITY ENGINEER DATE: FEBRUARY 6, 1989 SUBJECT: MEDIAN CURBING - HOMEWOOD BOULEVARD BETWEEN LOWSON AND LINTON BOULEVARDS The subject project has been completed with the exception of clean-up. Field measurements of the actual curbing installed indicate that 62 lineal feet more of curbing was installed than called for in contract. Therefore, three (3) copies of Change Order No.1, in tie amount of $496.00, are attached for City COmmission approval. the funding is available in Account No. 334-3162- 541-61.82 with reimbursement by County Road Impact Fees. Also attached is an Agenda Request for this item. GBC:slg ......~........- ~.._--_. ---"-". : J7' I ! j . I . I j . ~ ~ . l.fl I , Rl /EIVED oWl 3 1 89 ._;.:~-_.. ENGINEERING DEI'T, CHANGE ORDER No. 1 . Dated Januarv 26. ,1981- Project No. 10-0S-BB-DB Project Name: Median Curbing Homewood Boulevard Between Linton and Lowson Boulevard Owner: City of Delray Beach, Florida Contractcr: R.W.S. Concrete Service, Inc. Contract Date: 10th January, 19B9 . To: R.W.S. Concrete Service, Inc. . Contractor You are directed to make the following changes in the subject contract: Install additional 62 lin. ft. of curbing to meet, existing field condi tions : . which changes are more specifically described in the attached amended plans, drawings, and spectrications. The reason for the change Is as follows: Field Conditions somewhat different then plans. The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price L Contract price prior to this change order: 32,160 Page One of Two Pages - . -, , , J f I I ~ ! .. CHANGE ORDER '...1- 2. Net Increase resulting from this change order, 496.00 3. Current contract price Including this change order: 32. 656. 00 B. Contract Time L Contract time prior to this change order, 21 . 2. Net Increase resulting from this change order: None 3. Current contract time Including this change order, 21 City of De1ray Beach, Florida, OWNER By, Attest, City Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on ,T~n"~~lr n . 198.!...;.. I W1derstand that all the provisions of the Contract Document related to ProJect No. , ' which are not Inconsistent with the terms of this Change Order shall remain In effect and apply to all work undertaken pursuant to this Change Order. ~~ qfr~-~ .CONTRACTOR s to Contractor Title .. Page Two of Two Pages ' . \ .. } , . ... , -- ~ . J!IY GOLD COAST ALL AMERICAN SOAP BOX DERBY ********************************************* February 1, 1989 Mr. Walter Barry RECEJV'fD De1ray Beach city Manager FE87 1989 100 Northwest First Avenue De1ray Beach, Florida 33444 CITY MANAGER'S OFFICE reI 1989 All-American Soap Box Derby Dear Walter: The 1989 All-American Soap Box Derby is scheduled for Saturday, June 24th, with a practice date of Sunday, June 18th. This annual event is sponsored jointly by theDelray~@~~(sunrise) Kiwanis and Boca Raton (Sunrise) Kiwanis Clu,bs.t;-~-l'9.e....p'fP~, wi:U start at approxa.tely o,ODAM aad ,..t anti! ~!l!;!<~Ji.~'" , The 1988 All-American Soap Box Derby wlt{*~~~a~, ~ld ~~st June 25th was a great success. This was due mainly;to'the utstanding effort of the city of 'Delray Beach, various' (:it;Y~ 'employees, civic volunteers and others involved in organ.i~i~~;~l'?vent. , As in the past, the race is held on the Linton Boulevard Bridge. This will require that the bridge be closed toyehicular traffic during the hours of the race. The races- are run down eastbound lanes to U.S. 1, freeing westbound lanes for emergency vehicles. We request that permission be granted to clo~e the bridge on both days from 7:00AM until the conclusion of the ra~es. We will supply ample barricades with appropriate "road closed"'signage at Federal Highway and AlA, similar to past years. Ample sanitation facilities will also be provided through Waste Management. Enclosed is our Safety, Traffic, Parkinq,and Site plans for the practice day and race day. Should the race be postponed due to weather, a rain date of June 25th would be necessary. Please notify us of any further procedures required to obtain permission to follow through with the above. Sincerely, ~ W\ "H ~ ~---- ' -- Dale F. Morrison 1989 All-American Soap Box Derby Committee Boca Raton Sunrise . Delray Beach Sunrise ) Kiwanis Clubs \.... ./ --_.~- ..-.- -- ! !? ~....-:-...I! :!.:':....~...e. .. ,-...~ ":. , , : '. .~~-::aiIl,;,,:.~~.._~ . .... - t " . +2.- '~r .. . 198~ Go1dcoast All-American Soa~ Box Derby RACE DATE: Saturday June 24, 1989 7:00 AM to 5:00 PM RAIN DATE: Sunday June 25, 1989 7:00 AM to 5:00 PM PRACTICE DATE: Sunday June 18, 1989 7:00 AM to 5:00 PM SAFETY, TRAFFIC, PARKI~G and SITE PLANS Safety Plan Pre-Race Day Safety Plans All personnel working race day will be trained to perform their tasks effectively. These include: a. Patrol guards who maintain a clear track at all times by keeping spectators in designated areas. Guards will be stationed every 100' on both sides of the course for the entire length. These guards will include uniformed police offi~ers, park rangers, cadets, and Kiwanis Club members. b. Barricade guards will be responsible for maintaining all barricades and signs located on Linton, US1, and AlA. They will also move the barricades to allow emergency vehicle passage over the bridge. Barricade guards will have radio communications to facilitate safe passage of emergency vehicles. c. Track Director assures a clear track and signals the Chief Starter when the track is clear. d. First Aid Director runs first aid station which will be manned by EMT's and certified first aid personnel. e. Safety stop crews are located on each lane who will slow down and stop any cars that may experience a brake failure. All race cars are built according to rigid safety specifications as listed in the Soap Box Derby Official Rules Book. Construction of brakes, steering, mounting of wheels and axles, and allowable types of construction materials are all based on safety considerations. Specifically: a. Brakes must be built exactly to plans. b. Axles must be mounted with bolts and cotter-pinned. c. Steering and brake cables are steel aircraft quality. d. Front axle ,may pivot no more than 2 inches. e. No glass allowed in construction of car. Clinics and inspections will provide assistance to youngsters in the construction of their cars and insure that all cars are built to the proper safety standards. Inspections are scheduled during the construction process to insure that cars are built by the rules and incorporate all safety features. ~ -- . ! , , - Race Day Safety Track Site Features a. Straight course, no curves or turns. b. Adequate stopping distance, SOD' upgrilde. c. Low maximum speed of coaster cars, 22 MPH.' d. Drivers wear official Soap Box Derby helmets. e. Hay bales or guardrails line the entire length and both sides of the race course. Three rows of hay bales are located at the end of the stop area tied together with rope to prevent separation. f. 36 inch saw horse type barricades line both sides of the course and behind the spectator area to contain the crowd. Rope connects these barricades with orange flagging tape tied to the rope at close intervals to increase visibility of this retainer. g. Barricades will be located betweendrawspan and .11 other race areas. , h. A first aid station, manned by persons ~ertified in first aid, will be set up near'~he finish line area. 1. Patrol guards consisting of police, park rangers, explorer scouts and adult volunteers, will be stationed every 100 ft. along both sides of the entire course to contain the crowd. j. Bleachers, if available, will be ,provided for spectator area. " k. Two safety stop crews for each lane ,wi 11 be provided to stop cars in case of brake failure. ' Crews will be positioned before the final hay bale barrier. , US1 and AlA Safety Features a. Both entrances (US1 and AlA) to be barricaded with sufficient number of large corral type barricades to completely close off Linton Boulevard. b. Barricades wil be moved on designated lane to allow passage of emergency vehicles. c. Patrol guards will be on duty at both intersections to allow passage of emergency vehicles. d. Intersection patrol guards will be equipped with 2 way - radios to notify the other end of Linton of the passage of emergency vehicles. e. 36" x 48" signs indicating "Road Closed" and "Use Atlantic , Avenue" will be placed in the following locations: 1. North bound and south bou~lanes of AlA. 2. North bo~nd and south bound lanes of US1 at the turn 1 anes. 3. Attached to all corral barricades blocking off Linton Blvd. at USl and AlA. 4. Linton Blvd. east bound and west of US1. 5. "No Parking. signs to be installed along US1 right of way by Delray Beach Traffic Department. . - Hi scei 1 aneou's - a. Please see scale drawing lor location of all traffic safety items. -'- -- . . , \ . , ! b. Notifica~~on of Delray Beach Police, Fire and Rescue, and Palm Beach County Sheriff's Office. c. Sufficient parking will be provided through the use of the Harbor Center parking lot. Permission has been granted by the owners, Knight Enterprises. d. A $1,000,000 Liability Insurance Policy and a $2,000 Medical Insurance Policy has be~n purchased for the practice date and race date. These policies cover the municipali ty, the county, all sponsoring agencies, businesses, spectators, contestants, volunteers, and race officials. e. The Palm Beach County Health Department has been contacted and has provided specifications as to sanitary stations and food concessions. These specifications will be followed. - Worker and Spectator Parkinq Spectators and workers would park in the Harbor Center parking lot which has ample parking based on numbers from last year. Crowd Control Twenty six guards are planned to guard the course. Ten more guards will control the bleachers and intersections. These guards will be composed of uniformed policemen, park rangers, race workers, and Explorer Scouts. Teams will be organized to relieve guards at reasonable intervals. Sanitary Facilities Sanitary facilities specifications as set forth by the County Health Department will be followed. Concession stand rules and regulations will also be adhered to. Sanitary facilities will be located both in the Harbor Center parking lot and the Old Harbor Plaza parking lot. These locations are convenient for spectators located on both sides of the course. Trash cans will be located in the spectator, concession, and hill top areas. Delray City Sanitation cooperation is being sought on a contractual basis to empty the trash cans both during the day and upon completion of the activities. Traffic Barricade System a. Large 3 rail corral type barricades placed on each lane. b. Signs consisting of "Road Closed" will be mounted on the large barricades. c. Patrol guards will be on duty at each intersection to allow passage of emergency vehicles. d. All signs and barricades will be per specifications of Delray Traffic Engineer. Responsibility for Openinq & Closinq Linton & Maintenance of Traffic Control Devices. The sponsoring organizations, the Delray Beach Sunrise Kiwanis, the Boca Raton Sunrise Kiwanis, and the Deerfield Beach Kiwanis will be responsible for opening and closing, and periodic inspection of all barricades and signs on AlA, 051, and Linton Boulevard. - - - , i - f - . Stoppinq of Ra t"s - i There are five safeguards to insure that no racer passes the end of the race course. These safeguards are all designed to bring a racer to a safe, non-violent, stop. a. Each car has an approved and inspected braking system. b. There is an upgrade in the roadway of the last 500 ,ft. stopping area that will slow the racers considerably. c. First safety stop crew stops the car using a heavy rope held between two men. The rope rests on the pavement, but is raised as a racer passes over catching around the rear axle. The men holding the rope then slow the car down. d. Second safety stop crew performs in the same manner as the first. e. The final barrier is 3 solid rows of hay bales tied together with rope to prevent them from separating. Course Pavement Markings, Installation, Removal The sponsoring organizations, Kiwanis, will install and remove all pavement markings. These markings will consist of temporary highway marking tape applied in six foot strips at six foot intervals down the centerlines of each lane. This tape will also be used as a finish line. Installation/Maintenance/Removal/ Location of the Hay Bales or Guard Rail The sponsoring agencies, Kiwanis, will be responsible for the aquisition,insta11ation, maintenance, and removal of all hay bales and guard rails. Please see scale drawing for locations. One row of hay' bales/guard rail will be placed along both sides of the course. Three rows tied together with rope will be located behind the safety stop crews and act as a final barrier. Hay bales used as a barrier on the practice date, will be removed and stored at a remote location until race day. In the event of rain on the race day, all hay bales, barricades, and other equipment will be stored on the empty lot north of Linton and in the Harbor Center parking lot. Guards will provide security overnight for the equipment until the rain date, . Property Owner's Consent All affected property owners are being contacted and a complete description of the plans and impact on their properties is being supplied to them. Their consent, in writing, ou~1ining their awareness of the impact will be sought. Copies of these letters of consent will be available. Arrangements for Cleanup All equipment, hay bales, and trash will be removed by the sponsoring agencies or through contracted services. Clean-up of all roadway, rights of way, and private property will be the responsibility of the sponsoring agencies, Kiwanis. All cleanup will be completed prior to the reopening ,of the roadway. ' - , . . " " - . 0 "0 ! , . , . ii' Jj .. CJ.: -- J V i!;n FE8:! CITY 1989 /,fAN AGE. . !TLAnIC HIGH SCHOOL BAGLB-BTTBS liS OFFICE 2501 Seacrest Blvd. Delray Beach, FL 33444 February 2, 1QS9 Kayor Doak Campbell and City Commissioners Delray Beaoh, FL Dear Kayor and Commissioners I This letter i8 to request release of the *2,500.00 allocated in the City budget to the Bagle-Ettes. This money will be used to help finance the expenses for the upcoming competition season. I have attached a copy of our budget for your information. The Bagle-Bttes are very grateful to the City for their support and thank yoU very much. Sinoerely, V' BAGLB-BTTB PARBBT GROUP ~ 7r~~ st.) u y W Hams 'President fiv' Q v.~'V1 ~~Wr # ? ' , . , . . t I . I ,/ tt3 - a_ _ . . ATUBTIC BIGH SCHOOL BAGLB-BTTBS DBLRAY BBACH, FLORIDA . 1089 SPRIIG COJlPBTITIOI SBASOI BUDGBT D1'ICIPATED lICOJIB: AlTICIPATBD BXPBlSBS: City of Delray Beach 2,500 Xarching Auxiliary 1,800 Candy Sales 500 Xiss Bast 0,275 Ad Book 1,200 Dallas lational 17,260 Delray Affair 3,000 Asst. Director 500 Spring Carnival 4,000 Costumes, Props 2,000 Xatching Funds from Scool Boardl 8,630 Xiscl. Donations 1,000 Total Illcome 20,830 Total Expenses 27,835 DeUci t 7,005 27,835 27,835 IXatching funds from the School Board apply to lational Competitons only. i . _u ____ '__.n__ - " j '. . . I RESOLUTION NO. 5-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH, SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION, PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS, PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS, PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances, and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of De1ray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective o\<mer(s) of the land (s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished, work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repair$ required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS , all the notice requirements contained within Chapter 165 have been complied with; and, ~ WHEREAS, neither an appeal to the Board of Construction Appeals , or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of De1ray Beach, submitted to the City Commission a report of the costs incurred in abating said conditi~n 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 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE - CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: * _u . I Section 1. That assessments in the amount of III 336.50 three hundred thirty six and 50/100 dol r6 as shown by the report of the City Manager of the C ty of Delray 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) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner 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 ob11gat10ns 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 certified mail, postage prepaid, return receipt requested, 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 De1ray Beach has levied an assess- ment against said property for the cost of abat~ment action regarding an unsafe bUilding by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. .; PASSED AND ADOPTED in regular session on this the 14th day of February , 1989. , ! MAYOR ATTEST: City Clerk - 2 - Res. No. 5-89 , . , NOTICE OF ASSESSMENT J~~/~",~ /r( /'1'9 Dat TO: Henry and Mildred Kurtz ADDRESS: PO Box 85, Sky top, Penn 18357 PROPERTY : 12 SE Davis Road, Delray Beach, Fl 33445 LEGAL DESCRIPTION: Lot 12. Block 2, Delray Shoree, according to Plat Book 24, Page lJJ ot the otticial records ot Palm Beach County, Fl You. as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $1,336.50 by resolution of the C~ty Commission of the City of Delray Beach, Florida, dated .:1._11,/_ , 1989, has been levied against the above-described property. The costs ware incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 12-27-88 that the Building Official has determined that a building located on the above-described property vas unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the' corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. x You appealed the decision of the Building Official to the Board of Construction Appeals on 1-18-89 . The Board of Construction upheld the deCision of the Building Official. The City of Delray Beach has therefore taken reaedial action to r.-ove the unsafe condition existing on the above-described property on 12-30-88 at a cost of $1,336.50 which includes a ten percent (l0%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost ahall be recorded OD the official Records of PaI. Beach County, Florida against the above-described property. Copy of all Dotices referr~d to in this notice are available in tha office of tha Building Official. BY ORDn OF THE CITY COMMISSIOlI. --t:!/;J- ~~/z, 4Z<-n City Clerk L , ,-" ~\'~ ---- . --- RESOLUTION NO. 7-89 A RESOLUTION OF 'mE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING "A- NEED FOR THE REVITALIZATION OF DOWNTOWN DELRAY BEACH AND PRO- VIDING NOTICE OF TIIE CITY'S WILLINGNESS TO OFFSET EXPENSES NECESSARY "I'O PROVIDE ADEQUATE PARKING EXPENDITURES FOR CERTAIN COMMERCIAL RETAIL DEVELOP- MENT THROUGH THE USE OF PUBLIC FUNDS, PROVIDING .l\N EFFECTITI DATE, WHEREAS, th~ City vf r€lLay Beach, Florida, is most interested in making every effort to attraGt it major upscale department store to i its dov:ntown, and ! WHEREAS, a major department store has indicated a sincere i interest in locating a new two story upscale retail store in the Central Business District at Atlant.ic Plaza, and WHEREAS, said store is a nationally recognized upscale chain whose excellent reputation includes quality of merctl;on<'lise, community involvc,nent, and fine merchandising, and WHEREAS , said store has indicated they are favorably con- sidering downtown Delray Beach for '1. 1990 opening, and time is of the essence, and WHEREAS, the approved Community Redevelopment Plan includes as a principal goal obtaining a major quality department store to downtown Delray Beach, an WiIEREAS , the Community Redevelopment Agency and the Downtown ! Development Authority have voted to support such action and to contri- bute a portion of their future funds to help finance the necessary parking requirements, and WHEREAS, an independent report funded by the Downtown Develop- ment Authority !DDA) states that the impact on the Central Business District by the locating of a major department store in downtown Delray I Beach will be one of the most positive of any steps that could be taken, i and WHEREAS, according to the same report, the proposed store, if located in downtown, 'Jill generate more than 250 permanent jobs, 115 ancillaJ:Y jobs, and $25 million in increased retail sales, and WHEP.EAS , the cOI1I!Dunity has expressed overwhelming support to bring s'lid department store to downtown Delray Beach, and WHEREAS, it is in the best interests of all the citizens of and visitors to Delray Beach for the City to do all it can and to have its agencies ready and eager to support this effort in every way, and WHEREAS, said department store requires a minimum number of parking spaces and other requirements that include convenience of automobile and pedestrian ~ccess. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELP_~Y BEACH, FLORIDA, AS FOLLOWS: Section 1. 'l'ha t the City COllnnission, the governing body of the C~ty, hereby formally commits to finance, construct. and complete by May 31, '1~90 a public parking garage that will accommodate approximately 496 spaces plus retail space on the north half of the block bounded on II "- --- ---- ----.- ~, ~---- t.he w, st by North Federa,l Highway (D,S. 1) , on the north by N.E. 1st "-.----." strc~~t J and on the cast by N.E. 7th Avenue in downtown Delrav Beach. F'urttlc r: , it authorizes and direct,s Mayor Doak Campbell to deliver this COIDIHiL,nent in writirH) to the management of said department store at the earllL'st opportunity. Section :>: This ~:~'.::::s~:)1.~~:J::)'n ::~h~i~,"'1 ~:d\:~~ s-ff~ct inunedi<ltt'ly apoll paS~d.(;.;d.. PASSED A..""D ,\D0PTED in regular ~ession on this the 14th day of Febl.l'~L-Y , 1989. MAYOR ATTE',S'.;:' : City'(: lerk i \ ~ I' Res. No. 7-89 II " JI ,-, - i " . ~ , "." " r \", " II .. , - ) '- RESOLUTION 7-89 Whereas, The City of Delray Beach, Florida is most interested in making every effort to attract a major upscale department store to its downtown, and Whereas, Jl!....wbouu kfilEe:S , IRn (J~~~hsQD) has indicated a sincere interest in locating a new 63,000 square foot, two story upscale retail store in the Central Business District at Atlantic Plaza, and Whereas, "hlll!lb.!.)n is a nationally recognized upscale chain whose excellent reputation includes Quality of merchandise, community involvemen t, and fine merchandising, and Whereas, J.a~b~on has indicated they are favorably considering downtown Delray Beach for a 1990 opening, and time i8 of the essence, and Whereas, the approved Community Redevelopment Plan includes as a principal goal obtaining a major quality department 8tore like Jacobson in downtown Oe1ray Beach, and Whereas, the Community Redevelopment Agency and the Downtown Development Authority have voted to support such action and to contribute a portion of their future funds to help finance the necessary parking requirements, and Whereas, an independent report funded by the Downtown Development Authority (DOA) states that the impact on the Central Business District by the locating of JaeeesllRI in downtown Delray Beach will be One of the most positive of any steps that could be taken, and Whereas, according to the same report, the proposed Jacobson store, if located in downtown, will generate more than ~50 permanent jobs, 115 ancillary jobs, and $~5 million in increased retail sales, and Whereas, the community has expressed overwhelming support to bring J.QgQ~gn to downtown Oe1ray Beach, and Whereas, it is in the best interests of all the citizens of and visitors to Oelray Beach for the City to do all it can and to have its agencies ready and eager to support this effort in every way, and Whereas, Ja!obQ~1 requires a minimum number of parking spaces and other requirements that inclUde convenience of automobile and pedestrian access, Therefore, be it resolved that the City Commission, the governing body of the City, hereby formally commits to finance, construct, and complete by May 31, 1990 a public parking garage that will accommodate approximately 496 spaces plus retail space on the north half of the blOck bounded ~r,~~E: :;~. Avenue, N.Ci. lDl-- ..a,lL~~t, 1'4'.1. ill. A.efttls., gn~ "Ll .t' ...' Ie. Further, it authorizes and directs Mayor POak Campbell to deliver this commitment in writing to the management of ].eeBa~ Sto~&e, Iu"",. at the earliest opportunity. 4-~-opr'o.J A, I MEMORANDUM TO: WALTER O. BARRY - CITY MANAG~ FROM: FRANK R. SPENCE - D~ DEVELOPMENT SERVICES SUBJECT: EXPANSION OF DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT BOUNDARIES- DATE: FEBRUARY 10, 1989 At it's workshop held February 7, 1989, the City Commission heard the request from the Downtown Development Authority to expand it's boundaries in accordance with ~he attached sketch, increaSing it's current district from 76 acres to 146 acres. RECOMMENDATION: Approve the requested, revised DDA district as outlined on the attached sketch and forward this request to our legislative delegation to take the necessary legislative steps to process this request. FRS:DQ Attachment A: Expand. DDA *" --.----.... .- ' . ---.. 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'~ J, -'... "~, I ", . _ C' U 0 'lE" 'tIm'" ,_ ~__ ' - " .. - h" .. _ __ ~ .. -- .. t! l! I l! · ..I eo ~ .., :t"l"~' -L". _' __' ___".. ." , . .. t .. _ III \0 u.. ,..~ ~ . '. , .. . -- - .... I ,.OJ' ._ , - .. · "L. '-"-"L''', 1.,1. _ _ , ..... .. .. .. """~"I'/I' I~ .. I' --3, 11"__' II II I.. - . I -I'.plite I . ... "'1"1 I '"l"P'1orl, . 1 HOUSE BILL NO. 2 An Act relating to the Delray Beach Downtown Development Authority, 3 Palm Beach County; amending Section 3, Chapter 71-604, Laws of 4 Florida. 1971, by expanding the Downtown Development Authority area 5 description to include properties eastward of the Intracoastal Water- 6 way, northward of current Downtown Development Authority area to 7 include those properties lying South of N . W. 2nd Street, East of N. E. 8 7th Avenue and West of N.E. 2nd Avenue. southward of the current 9 Downtown Development Authority area to include thoae properties lying 10 North of S.B. 2nd Street, West of S,B. 1st Avenue. and East of S.E. 11 7th Avenue; all such properties lying within the municipal boundaries 12 of the City of Delray Beach, Florida, providing for an effective date; 13 by providing that this Act will become effective upon becoming a law, 14 15 Be It Enacted by the Legislature of the State of Florida: 16 Section 1. Section 3 of the Delray Beach Downtown Develop- 17 ment Authority Act as contained in Chapter 71-604. Laws of Florida, 18 1971, which became a law without the Governor's approval on May 22, 19 1971, is hereby amended to read as follows,: 20 Section 3. DOWNTOWN AREA DESCRIPTION - The Downtown 21 area includes all lands lying withtnboundaries described as: 22 Commencing at a point on the interaection of the high water mark 23 of the Atlantic Ocean and the Easterly proJection of the North line of 24 Lot 13, Palm Beaeh Shot'e Acres (as in Plat BOOK 7, pa~e 38); thence 25 in a westerly direction along said Easterly projection to the west 26 right-of-way line of Andrews Avenue; thence Southerly to the Easterly 27 ~ect1on of the line 135' north of the south line of BlOCK 164, Town 28 of Delra~ (formerly Linton); thence Westerly along said projection a 29 distance of 1'10.09' to a point; thence Northerly to the south line of 30 Lot 4 of Block 164; thence westerly along said south line to the east 31 1 ,.;j(~,~- - '. 1 Plat limit of Seabreeze Park SUbdivision (as in Plat Book 4, Page 31); 2 thence north alonp; said east Plat limit to the southeast corner of Lot 3 21, Seabreeze Park; thence westerly along the south line of Lot 21 and 4 westerly projection thereof to the west plat limit of Seabreeze Park; 5 thence southerly along said west plat limit to the southeast corner of 6 Lot 29, Lowry Park Estates (Plat Book 24, Page 156): thence in a 7 Northwesterly direction to the Southwest corner of said Lot 29: thence 8 continuing along said line to the intersection of said line with the West 9 right-of-way line of East Road (Lowry Park Estates, Book 24, page 10 156, of the Public Records of Palm Beach County, Florida) ; thence 11 Southwesterly along said West right-of-way line to the intersection of 12 said curve with the West line of said right-of-way; thence Southward 13 along said West right-of-way line and its projection Southward to its 14 intersection with the North right-of-way Une of East Atlantic Avenue; 15 thence westerly along said right-of-way line of East Atlantic Avenue to 16 the West right-of-way line of the Intracoastal Waterway, as now con- 17 structed and in use, thence Northerly along the West right-of-way line 18 of the Intracoastal Waterway to a point, said point being the Easterly 19 projection of the North line of Block 132 (Town of Delray (formerly 20 Linton) as in Plat Book 1, page 25); thence Westex-Iy along the 21 Easterly projection of the North line of said Block 132 and continuing 22 in a Westerly direction along the North lines of Blocks 124. (as in Plat 23 Book 18, page 91) to the northeast corner of Lot 12, Block 116 (as in 24 Plat Book 1, page 3); thence westerly along the north lot line of 68.id 25 Lot 12 to the northwest corner of Lot 12; thence northerly to the 26 southwest corner of Lot 20, Block 115 (as in Plat Book I, page S); 27 thence northerly along the west lot line. and northerly projection 28 thereof, of sald Lot 20 to the south right-of-way line of N. E. 2nd 29 Street; thence westerly along the south right-of-way line of N. R. 2nd 30 Street to the northwest corner of Lot 9, Block 83 (as in Plat Book 1, 31 2 -.... , , ". I Uh'""" .. -., -...- . -.... "..... , ~ , -, - ""'- ,--"" .... '-' , '~'...' ......... "'--' I.......... . 1 page 3; thence southerly along the west lot line and southerly proj~ 2 tion thereof, of Lot 9 to the southwest corner of Lot 14, Block 83; 3 thence westerly to the northeast corner of Lot 7, Block 83; thence 4 west along the north lot line of Lot 7, Block 83 to the east 5 right-of-way line of N,E. 2nd Avenue; thence southerly along the east 6 right-of-way line of N.E. 2nd Avenue to the south right-of-way line of 7 N.E. 1st Street; thence westerly along the south right-of-way line of 8 N.B. let Street to !!! point of intersection with the East line of 9 Swinton Avenue as now laid out and in use; thence Southerly along 10 the Bast line of Swinton Avenue to a point where it intersects with the - 11 Southwest corner of Lot 8, Block 69 (as in Plat Book 1, page 3); 12 thence Easterly along the South line of said Lot 6 and Lots 5, 4, 3, 2, 13 1 to the west right-of-way line of S.B. 1st Avenue; thence Southerly 14 along the west right-of-way of S.E. 1st Avenue to a point of 15 intersection with the north right-of-way line of S.E. 1st Street; thence 16 easterly along the north right-or-way line of S.E. 1st Street to the 17 southeast corner of Lot 12, Block 77 ( as in Plat Book I, page 3); 18 thence southerly along the east lot line of said Lot 1 and Lots 2, 3, 4, 19 5, 8, 7, and 8 to the north right-of-way line of S. E. 2nd Street; 20 thence easterly along the north right-of-way line of S. E. 2nd Street to 21 the southeast corner of Lot 13, Block 118 (as in Plat Book 2, page 8); U thence northerly Ilonr the e.lt lot Une, and northerly projection 23 thereof, of said Lot 13 to the southeast corner of Lot 14, Block 117 24 (as in Plat Book I, page 3); thence northerly along the east lot line, 25 and northerly projection thereof of said Lot 14 to a point of inter- 26 section with the westerly projection of the north lot line of Lot 18. 27 Block 117; thence easterly along said westerly projection to the north- 28 west corner of said Lot 18; thence easterly along the north lot line, 29 and easterly projection thereof. of said Lot 18 to the east right-or-way 30 line of S.B. 7th Avenue; thertce southerly along the east right-of-way 31 3 , - - .. -- .,- - , - - ...__ ""v , .......v 1 line of S.B. 7th Avenue to the southwest corner of Lot 10, Palm 2 Square, an unrecorded plat; thence easterly along the 80uth lot Une8 3 of Lots 10, 45, 57, and 92 of Palm Square (an unrecorded plat located 4 in Blocks 125 and the north half of Block 133, as in Plat Book 1. page 5 !l to point of intersection with the East right-of-way line of the 8 Intraooastal Waterway; thence Southerly along the, East right-of-way 7 line of the Intracoastal Waterway to the Southwest corner of Block 141 8 (as in Plat Book I, palCe 25); thence Easterly along the South line of 9 said Block 141 to the Southwest corner of Lot A (as in the John lI. 10 Reid's Village Subdivision, in Plat Book 21, palCe 95); then to a point 11 on the Southeast corner of said Lot A; thence in a Northerly direction 12 along the We8t line of Lot 7 to the Northwest corner of said Lot 7; 13 thence Easterly along the North line of Lot 7; thence Southerly alon~ 14 the East line of Lot 7 to the Southeast corner of r.ot 7 (all contained 15 in the John B. Reid's V1l1age SUbdivision, in Plat Book 21, page 95); 16 thence Easterly to the Southwest corner of Lot 8; thence Easterly 17 along the South line of r.ot 8 to the Southeast corner of Lot 8; thence 18 in a Northerly direction along the East line of I.at8 8, 7, 6, and 5 to 19 the Northeast corner of 8aid Lot 5 (being in Block 4, Ocean Park 20 Subdivision, as in Plat Book 5, page 15); thence Easterly to the 21 Southwest corner of Lot 7, Block 3; thence Easterly along the South 22 Une of said Lot 7 to the Southea8t corner of Lot 7: thence Northerly 23 along the East line of Lot 7 to the Northeast corner of Lot 7 and the 24 Northwest corner of Lot 24, Block 3 (in ssid Ocean Park Subdivision, 25 Block 3); thence Easterly along the North Une of Lot 24 (in Block 3 of 28 Ocean Park Subdivision) to the Northeast corner of said Lot 24; thence 27 Essterly to the Northwest corner of Lot 7 (in Ocean Park Subdivision, 28 Block 2); thence iiT. en EasterlJ: direction along the north line of Lots 7 29 and 24 (in Block 2 of Ocean Park Subdivision) to the northeast corner 30 of ssid Lot 24\ thence Easterly along the North line of Lots 16 and 2 31 4 4 .. . , 1 of Block 1 in the Ocean Park Subdivision to a point at the Northeast 2 corner of Lot 2. Block 1: thence Easterly along an extension of the 3 North Une of Lot 2 , Block I, Ocean Park SUbdivision to the high water 4 mark of the Atlantic Ocean; thence Northerly along said high water 5 mark line; to the Point of Beginning; all QB in the Public Records of 6 Palm Beach County. Florida. 7 Section 2. EFFECTIV'B DATE - This Act shall become effec- 8 tive immediately upon it becoming a law. 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 w.o. t I n I Il.Jhl~L I .:> ur r J.t.,..r It.L NO, 4U( U(! '~~ ~eb O~.89 15:1? P.O;! , ~-;", :.~F:'.?_~, I' '. '..., . ';' '(~ ~."- ":",,,.1 EITY DF DELARY BEA[H ~t$ ;:l~::~:;3"'::':&~,;,~,~":'>~" " , pt~'~i!";C,'. ',.':-,.'." ::c.-': '..... :r "'" .11:"'.... ~ ~ -~--~---....- . ~...\;''''' ......, ~'- CITY ATTORNEY'S OFFICE 310 U;, hI STIlEET. SUITE 4 ',II1;LM Y llLACIt,"LORIIlA 334k3 407/243-7090 ' n,U<<lfn,K C07/278-47SS MZMORANJxm ' Date: February 9, 1989 '1'01 City Commi..ioD From: Jeffrey ~. Kurtz, Asaistantclty Attorney Subject: Resolution No. 6-89 RatifyiD9 Resolution No. 47-87 which Expanded the eRA B01.lOOaries Resolution No. 47-87 atteDlp1:ecS to expand' the CRA boundaries north along Federal Highway. InolUdOd with that bounl:\&ry description were certain properties not within the geographical boundaries at the time the Carnia.ion pasael:\ Resolution No. 47-87. Since that time, some of those parcels have Deen annexel:\ into the City, and the purpose of this resolution 15 to ratify their incorporation into the ~, district and have such properties autOlll4ticaJ.ly CCIlIe into the C8A at the time they are annexed, if the Commission ~inds ~lighted oonditions to remain. Should you have any questions ,concerning thU matter, please do not hesitate to contaot our office. JSK: sh Attachment. ee: Walter o. Barry. City Manager " I , . . t ; , I . . 16 ft- . I Ulr HIIUI<<IRY':' Ul'I-lI..1:. II:.L NO, 4U( <:(0 4(:>:> reb U':!,l>':! 1:>:1l, f-',u,:, - - U U RP.50LUTION NO. 6-89 A RESOLUTION OF THE GITY COMMISSION OF THE CITY, OF DELRAY BEACH, FLORIDA, lOI'.1:Il'YING RESOLUTION NO. 47-87, DECLARING CERTAIN AREAS AS BLIGHTED OR SLUM 1>.REM: AS DEFINED IN CHAPTER 163" P1>.RT III, FLORIDA STATU'tES OR 1IREAS IN warCH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME INCLUDING THE ELDERLY, OR A COMBINATION THEREOF; DECLARING A NEW tOll. REHABILI'l'1\TION OF SUCH AREAS J AMENDING Till!: BOUNDARIES Oli' THE COMMUNI'1Y REPEVlll.QPMENT AREA; PROVIDING FOR AN EFP'ECTIV'E DATE. WHERF..J.S, tile City Commission of the City of Dolray Beach, Florida, did, on May 14, 1985, adopt Resolution No. 32-85 finding that une or more slum and blighted areas as defined in Florida Statutes Section 163.340 or areas 1n which there is a shortage of hOUSing afford- able to residents of low or moderate income, including the elderly, or a combination thereof, exists in the City of Delray Beach; and, WHEREAS, the City COlmIisslon of 'the City of Delray Beach, Florida, has found and declared in Resolution No. 32-85 that a need for rehahilitation, conservation or redevelopment, or a combination thereof, I.s necessary in such areas in the interest of the public helllth" safety, morals, or welfare of the residents of the City of Delray Beach; and, WiiEREAs, the City Conunissi,on of the City of Delray Beach, Florida, has found and declared in Resolution No. 32-85 that there is a need for a Communi,ty Redevelopment Agency to function in the City of Delray Beach to carry out the ,Community Redevelopment purposes of Chapter 163, Part III of the Florida Statutesl and, WHEREAS, the City COlll1llission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Conununi ty Redevelopment AlJency as provided in Florida Statutes Section 163.356; and, WiiEREAS, on Dece.m]:)er 23, 1986 the Board of county Commis- sioners of Palm Beach County passed and adopted Resolution No. R~86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part III, Florida Statutes" within the boundaries of the City of Delray Beach to,the lJoverning bOdy of the City of Delray Beach completely and without limitation; and, WHImB,AS, the ,City Commission of the City of Delray Beach, Florida, hereby passed Resolution No. 47-87 finding that one or more slum and blighted areas, ,as defined in Florida statutes Section 163.340, or areas in which there is a shortage of housing affordable to residents of low or moderate income includ1nIJ the elderly, or a combination thereof, exists in the 103 acre area within the City of Delray Beach as described more fully in Appendix A of this resolution and that a need for rehabilitation, conservation, or redevelopment, or a cOlTlbination thereof, is necessary in such areas in the interest of the public health, safety, morals, or welfaro of the residents of the City of Delray Beach; and, WHEREAS, certain properties located .1.n the 103 acre area within the City of Delray Beach as described IIIOre. fully in Appendix "A" of this resolution were county pockets not within the jurisdiction of the City of Delray Beachl and, WHEREAS, pursuant to the Delray Beach Enclave Act (Chapter 86.447, Laws of Florida) and, voluntary annexations, many of the county pockets withir. the area described' in Appendix "A" hereto have been If'A CLTY,ATToRNEY'S OFFICE TEL No, 4072(8 47!3.... Feb 02.,89 15:19 P,04 '(j U . annexod into the City of Delray Beach and are now sUbject to the City's jurisdiotion. WHEREAS, the City Commission of the City of Delray Beach finds that the area delineated in Resolution No. 47-87 remains in the sUbstan- tially same condition as it existed at the time Resolution No. 47-87 was proposed. NOW, 'l'HEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY' OF DE!.RA'i BEACH, FLORIDA, ~s FOLLows,: Section 1. That the <lrea of the City of Delray Beach more fully described in Appendix A is hereby found and declared to be a slum and bliqhted area, as defined by and within the purposes and intent of Florida Statutes, Chapter 163, Part III. Section 2. That the rehabilitation, conservation, and rede- velopment, or a combination thereof, of such area 1s necessary in the interest of the pUblic health, safety, morals, and welfare of the residents of the City of Delray Beach. Section 3. That the Delray Beach Community Rooevelopment Agency as constituted by Ordinance No. 46-85 is authorized, to carry out the comnnmity redevelopment purposes of Chapter 163, Part III of the Florida Statutes 1n the area described in Appendix A. Section 4. That the boundaries of the Commun1ty redevelopment area as established'in Resolution 32-85 as amended by Resolution 9-86 be further amended to include the area. described in Appendix A of this resolution. Section 5. That Resolution No. 47-87 is hereby ratified and all properties lying within the ar,ea described in Appendix A are subject to exercise of rights, powers, anci privileges granted, by Chapter 163, Part III of tbe Florida Statutes upon the latter date of the passage of Resolution No. 47-87 or the properties annelta.t~on into the City. Section 6,~ That as to any properties' lying within the area desoribed in APpendix A which are annexed into the Cl ty subsequent to the date of passage of this resolution that said properties shall be subject to the exercise of the rights, powers and privileges granted by Chapter 163, Part III of the Florida Statutes at the time of their annexation if the City COllIItlission determines that slum and blighted conditions remain. Section 7. That the City Clerk be directed to forward a certified copy of this resolution to the Palm Beaoh County Tax Appraisers Office. Section 8. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this day of , 1988. MAYOR ATTEST: Cit,y Clerk 2 RES. NO. 6-89 . APPENDIX A TO RESOLUTION NO. 6-89 Description of the area proposed for inclusion in the Community Redevelopment Area. Beginning at the southeast corner of Lot 10, Block 115 of the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beac:l County Records, thence proceed northward along the east line of said Lot 10 and the northerly projection thereof to the southeast corner of Lot 38 of The Hofman Addition, as recorded in Plat Book 5, Page 3, Palm Beach County Records, thence proceed easterly along the easterly projection of the south line of toot 38 to the southeast corner of Lot 49 of said Hofman Addition, therce proceed northerly along the east line of tot 49 and the northpr1y projection thereof to the northeast corner of Lot 44 of saic, Hofman Addition, thence proceed westerly along the north , line- of tot " and the westerly projection thereof to its int(.rsection with the southerly projection of the east property line of tot 14, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm Beach County Records, thence proceed northerly along the southerly projection of the east lot line of said lot 14, the east lot line of said tot 14, and the northerly projection of the east lot line of said tot 14 to its intersection with the north line of the Sophia Frey Subdivision, as recorded in Plat Book 4, Page 37, Palm Beach County Records, thence proceed easterly along the north line of said subdivision to the southwest corner of the Martell Arms Plat, as recorded in Plat Book 37, Page 133, Palm Beach County Records, thence proceed northerly along the west line of said Martell Arms Plat to the northwest corner of said Martell Arms Plat, thence proceed easterly along the north line of said Martell Arms Plat to the west line Of N.E. 8th Avenue, thence proceed northerly along the west line of N.!:. 8th Avenue to the north line of Kenmont Subdivision, as recorded in Plat Book 20, Page 65, Palm Beach County Records , the~ce proceed easterly along the north line of said subdivision to c~e west line of the Denery tane Subdivision, as recorded in Plat Sook 23, Page 238, Palm Beach County Records, thence proceed north~~ly along the west line of said subdivision to the south line of :ne La Hacienda Subdivision, as l'ecorded in Plat Book 15, Page t, Palm Beach County Records, thence proceed easterly along the south line of said subdivision to the west right of way line of, the Intracoastal Waterway, thence proceed northerly along the west right of way line of the Intracoastal Waterway to its intersection with the south town limits of the 'Town of Gulfstream, thence proceed westerly along said south town limits to the east line of Delray Beach Estates, as recorded in Plat Book 21, Page 13, Palm Beach County Records, thence proceed northerly along said east line to its intersection with the east right of way line of State Road 5 (U'.S. #1) , thence proceed southerly along said east right of way line to ' the southwest corner of Lot 10, Block 115 of the Town of Linton Plat, as recordp.d in Plat Book 1, Page 3, Palm Beach County Records, thence proceed easterly along the soutn line of said Lot 10 to the southeast corner of Lot 10, and the point of the beginning. . l t, ,. _ .. _.J . _.... 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'...e t - -." ... ~ U~ s? ,'jii .::E CENSUS BOUNDARY MAP -' -. .. ~ 'D II 0 i:: Ii ~ u: ',),. '~,ls' THIS MAP SHOWS THE BOUNDARY ~ ]z lJ :JJ.:'" "u; '~' ~..\ ;, Of. ~, OF THE STUDY AREA SUPERIMPOSED Ih111_ ~I"J;:. ' ;\~. no OVER THE CENSUS MAP. IT ALSO " '~~ ~ Vi' O'~ "7' ~ .-. ' J/I a; SHOWS THE LOCATION OF THE BLOCKS 101 ,-It' ,-#,;.;.: ,... I ,aJ of ' I. REFERENCED IN THE REPORT ~ ... ,- ~ I . ~ il!' C ~ 1". Je'_. r:l . JIJ. (J i !:. * =:} . -. - -- !,'t UI _:.. - , !l: ,0:' ~ ~ ' . '2a" ~ Ii, ' ! :;,;;o:h ~~!~:: ." ,P.& ::: 'I~ .I'Ili""j ,- ....jj...lI:. '0':"0;'" :::':1 ~ I~ . ' '..' ,,' -. ." ~ · · ,~ li nu, , .,.." I . I .. '" I' ".T C ~~l.: ,"'" I ~_ ~ ~ ~ .. '1" '" .,.. - 11' ,. " -, _ ! w ! 11/ i: JU Ul m o~ I~~ ~f/~i I /'1:;; f!i~: , ~ ,I . t;.!.ll.t,,, IT ~ ,~I :'1 ..'n..... .. lot I '" -.. ,,,,-, . l ' ~ n ' ~ i\: :i;:;1I1' 110 mE:... ~~I ,', .,'O'~ 01 ~ . ~ '" r 'I.... trlO>" Lr;, f~ I ; I I. . fIl' 4: .." ~ ..: . ~ . _ -' " __... I I 111 I UI....'H.:.l ..:> urrJ.1",.1:. I t.L I~O. 4U( ~(~ 4(~~ reb U~,~~ 15:1? p,U~ "'\~" ,/~ :'~?">\\ [ITY DF DELIAY IEA[N ,<; .':;~~0~'::, ';~'; l . ..', \,' ~~...'~ ., 'l,t.ol'", 't".~ "',. , ..~~~K~s.'1'~.,.I , _.,'~":'."Ii":~"._ ...,'<<t . Vi,'. ~,;'t .':'lio ",,:t,,''!!: ~, , CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4., I>ELlV. Y UliACIl, 1'L()~ILlA 334H3 407/243.7090 ' lliLECOPIE1l407/278-47$5 MEMORANDUM . Date: February 9, 1989 To: City ColMIission From; Jeffrey S. Kurtz, Assistant City Attorney Subject; Resolution No. 6~8!l Ratifyin9 Resolution No. 47-87 which Expanded the CRA Boundaries Resolution No. 47-87 attempted to expand' the C'.BA boundaries north along Fe4eral Highway. Included with that boundary description were certain properties not within, the geographical boUndaries at the time the Commis:a~on passed Resolution No. 47-87. Since that tillle, some of those parcels have been annexed into the City, and the purpose of this resolution is to ratify their incorporation into the CRA, district and have such properties autOllllltic1l11y come into the CRA lit the time they are annexed, if the Commission finds Dlighted conditions to remain. ShOUld you have any questionsconcernlng this matter, please do not hesitate to contact our offioe. JSK: sh Attllchnlents cc: Walter o. Barry, City Manager I I -: , ; , , , , , , I " '...c-?-d' [ITY DF DELAAY BEAEH .~. .; - "". . .'iji ,~; 100 N.W. 1st AVENUE OELRAY BEACH, FLORIOA 33444 305/243,7000 . MEMORANDUM TO: Walter O. Barry, City Manager FROM: John W. Elliott, Jr.,~ty Managerl Management Services DATE: February 7. 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 14, 1989 _ BIDS ON HOUSING REHABILITATION - BID #89-32 Item Before City Co~ission: The City Co~ission is requested to award bids to three (3) low bidders for Housing Rehabilitation. The awards are based on the actual cost of the rehabilitation, plus 5% contingency. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilita- tion Grant Program. Total cost for this is $41,887.50. BackRround: Invitations to bid were extended to area contractors for three grant awards. Bid tabulations are attached. Three contractors submitted low bids for these grants which are as follows: Property Contractor Amount 126 S.W. 4th Avenue Darryl Cook $16,288.00 302 N.W. 12th Avenue Henry Haywood $17,000.00 133 S.W. 3rd Avenue Preston Const. $ 8,599.50 Reco~endation: The Staff reco~ends award to the low bidders, Darryl Cook - $16,288; Henry Haywood - $17,000; and Preston Const. - $8,599.50 with funding to come from account #118-1963-554-60.23, (Co~unity Development Housing Rehabi1itation- Capital Outlay). JWE:sk attachment <. THE EFFORT ALWAYS MATTERS --..--.. H__.___ l . 'I'Ifr , - DEPAR1..1ENTAL [ITY DF CORRESPONDENCE DELRAY BEA[H TO Walter O. Barry, City Manager ~~~ B~coordinator FROM Dorothy Ellington ,Community Development . THRU: Lula Butler, Director Community Improvement Community Development Block Grant Program Activities 2/2/89 SUBJECT Housing Rehabilitation Grant Awards CATE According to the City of Delray Beach, Community Development Divi- sion's approved Statement of Policies and Procedures,' we are hereby requesting City Council approval of three (3") Housing Rehabilitation Grant Awards. The grant amount is based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5\ contingen- cy. The contingency may be used for change orders. All unused funds will remain with the Housing Rehabilitation grant program. Inspection of work will be done by the City's Building and Inspection Department and the Community Development Division. Rehabilitation contracts will be awarded to the low bidder. Contracts will be executed between the building contractor and the property owner. The Ci ty remains the agent and this office will monitor all work per- formed by the contractor and will ensure compliance according to specifications and program guidelines. Pay Request forms will require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-up and the individual case file is available for review at the Community Development Division Office. The Contract Award and Bid Summary sheet are attached for your reference. Housing Rehab Grant Awards are requested for the following: Case# Address Grant Amount 87-032HR 126 SW 4th Avenue $16,288.00 87-009HR 302 NW 12th Avenue 17,000.00 87-004HR 133 SW 3rd Avenue 8,599.50 HR2 " eM 36' THE EFFORT ALWAYS MATTERS ----- .--- ..~ , '. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION ACTIVITY BID INFORMATION SHEET . BID #: 89-32 APPLICANT: Louise Jones APPLICATION #: 87-004HR ADDRESS OF PROPERTY: 133 SW 3rd Avenue DATE BIDS LETTERS: 12/23/88 DATE BIDS OPENED: 01/05/89 NAME OF CONTRACTORS AMOUNT OF BID FIRST CONSTRUCTION OF THE PALM BEACH, INC. $13,875.00 FRANK FIDLER/JAMES BROWN GEMINI CONSTRUCTION ENTERPRISES, INC. E. GRIMM, INC. HENRY L. HAYWOOD $ 9,855.00 NORENE CONSTRUCTION COrpANY,INC. HOWARD RIENECKER ROWE & CAMPBELL FEC $12,218.00 DARRY L. COOK $10,431. 00 PRESTON CONSTRUCTION $ 8,190.00** IN-HOUSE ESTIMATE: $11,275.00 CONTRACTOR AWARDED CONTRACT: Preston Construction CONTRACT AMOUNT: $8,190.00 COMMENTS: ** Low Bidder ----- ,- .. '. . -' . I CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HbUSING REHABILITATION ACTIVITY BID INFORMATION SHEET . BID I: 89-32 APPLICANT: GLADYS WILSON APPLICATION I: 87-009HR ADDRESS OF PROPERTY: 302 NORTHWEST 12TH AVENUE DATE BIDS LE'I"I'ERS:DECEMBER 23. 1988 DATE BIDS OPENED: JANUARY 5. 1989 NAME OF CONTRACTORS AMOUNT OF BID FIRST CONSTRUCTION OF THE PALM BEACH, INC. $24.525 FRANK FIDLER/JAMES BROWN ---- GEMINI CONSTRUCTION ENTERPRISES, INC. . E. GRIMM, INC. : HENRY L. HAYWOOD 16.710 ** NORENE CONSTRUCTION COMPANY,INC. HOWARD RIENECKER ROWE & CAMPBELL FEC 22.574 DARRY L. COOK PRESTON CONSTRUCTION IN-HOUSE ESTIMATE: $17.855 CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD CONTRACT AMOUNT: 16.710 COMMENTS: **LOW BID ! , " ,~ . . . ;,;. . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION ACTIVITY BID INFORMATION SHEET . BID *: 89-32 APPLICANT: CHARLOTTE THOMPSON APPLICATION * : 87-023HR ADDRESS OF PROPERTY: 126 SW 4TH AVENUE DATE BIDS LETTERS: DECEMBER 23. 1988 DATE BIDS OPENED: JANUARY 5. 1989 NAME OF CONTRACTORS AMOUNT OF BID FIRST CONSTRUCTION OF THE PALM BEACH, INC. $22.300 FRANK FIDLER/JAMES BROWN ! GEMINI CONSTRUCTION ENTERPRISES, INC. E. GRIMM, INC. HENRY L. HAYWOOD 16.685 NORENE CONSTRUCTION COMPANY,INC. HOWARD RIENECKER ROWE & CAMPBELL FEC 16.999 DARRY L. COOK 15.513 *. PRESTON CONSTRUCTION NO BID IN-HOUSE ESTIMATE: $17.895 CONTRACTOR AWARDED CONTRACT: DARRYL COOK CONTRACT AMOUNT: 15.513 COMMENTS: *.LOW BID , ----. -- . . . '< . y 7 (fj~ [ITY DF DELRAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243-7000 Documentation - City Commission Meeting February 14, 1989 - Bids on Trucks ALL VEHICLES ARE BUDGETED Replacement 447 Page 365 New Page 365 Replacement 450 Page 360 New Page 360 Replacement 409 Page 360 Replacement 443 Page 360 Replacement 868 Payment from Utility/Tax Bond Replacement 656 Page 433 Replacement 521 Page 433 Replacement 612 Page 433 THE EFFORT ALWAYS MATTERS r?(' .:l_) -~ [ITY DF DELRAY BEA[H :,:<,~ '~ ., ,'{;l ',"~,"L.'. 100 N.W. 1st AVENUE DELRAY BEACH, FLORIOA 33444 305/243,7000 MEMORANDUM . TO: Walter O. Barry, City Manager FROM: John W. Elliott, Jr., Assistant City Manager/ Management Services ~ DATE: February 7, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 14, 1989 - BIDS ON TRUCKS Item Before City Commission: The City CODD1lission is requested to award bid to two (2) low bidders , Dennis Fronrath Chevrolet, in the amount of $30,342.36 and Bill Wallace . Ford, in the amount of $112,197.66, for a combined purchase of ten trucks valued at a total cost of $142,540.02. Background: : Four (4) dealers submitted bids, per attached tabulations. The prices received were compared to Florida State Contract. The scope of the bid included several types of trucks, which two of the four bidders. Fronrath Chevrolet and Wallace Ford came in low. The bids and funding source are as follows: .Qll Vehicle Dealer Unit Cost Total Cost 1 3/4 Ton, Crew Cab, Dennis Fronrath $15,896.18 Utility Body, Chevrolet Lift Gate (Ford F-350) Account #001-3141-541-60.84 (Traffic) 1 3/4 Ton, Crew Cab Dennis Fronrath $14,446.18 Lift Gate Chevrolet (Ford F-350) Account #001-3113-541-60.84 (Traffic) 6 3/4 Ton. Lift Gate Bill Wallace $13,372.99 $80,237.94 Utility Body Ford (Ford F-250) , THE EFFORT ALWAYS MATTERS ____n._ __~._ - , , , 1.f"J5 ~ " '., i Documentation - Agenda 2/14/89 - Bids on Trucks February 7, 1989 Page 2 (4) Account #441-5141-536-60.84 (Collection Div.) $53,491.96 (2) Account #441-5123-536-60.84 (Water Distribution) $26.745.98 1 3/4 Ton Service Bill Wallace . $17.375.69 Truck, Two-Tone Ford paint, Diesel Engine, 4-whee1 Drive, (Ford F-350) Account # 333-2311-522-60.84 (Fire) 1 One-ton Bill Wallace $14.584.03 w/contractor Ford Dump Body (Ford F-350) Account 0001-3113-541-60.84 (Street) TOTAL FUNDING FOR THIS BID IS: $142.540.02 Recommendation: The Staff recommends award for the bid to Dennis Fronrath Chevrolet in the amount of $30,342.36 for two (2) trucks and to Bill Wallace Ford for eight (8) trucks in the amount of $112,197.66, to be drawn from the appropriate accounts as specified. JWE:sk attachments .-- n. __ u - , 7, , . M E M 0 RAN DUM TO: John Elliott, Jr. , Assistant City Ma~ager/ Management Services FROM: Ted G1as, Purchasing Director DATE: February 1, 1989 SUBJECT: Bids on Trucks, Bid 1189-30 Invitations to Bid were mailed to twenty-eight area vehicle dealers. Legal Advertisements were placed in the Palm Beach Post and De1ray Beach News. Four (4) dealers submitted bids, per attached Tabulation of Bids. The prices received were compared to Florida State Contract. Recommendations to the low bidders are. as follows: ~ Vehicle Dealer Unit Cost Total Cost 1 3/4 Ton, Crew Cab, Dennis Fronrath $ 15.896.18 Utili ty Body. Chevrolet Lift Gate (Ford F-350) Account 11001-3141-541-60.84 (Traffic) 1 3/4 Ton, Crew Cab Dennis Fronrath $ 14,446.18 Lift Gate Chevrolet (Ford F-350) Account 11001-3113-541-60.84 (Traffic) 6 3/4 Ton, Lift Gate Bill Wallace $ 13,372.99 $ 80,237.94 Utility Body Ford (Ford F-250) ?>(C. (4) Account 11441-5141-536-60.84 (Collection Div.) $ 53,491.96 (2) Account 11441-5123-536-60.84 (Water Distribution) $26,745.98 , : ---- --- -- -- '---.---. '~- --'~-'-. ',"'+',,';-, '),1*"#, i'~I;L .. t< I . , :'~:<':;;':~'6:.tr:'." - ""J" ..J...' _.. . ... .....Iill ~f :i~iJJ;,;{~r; %,~:", '~ --, #, ..:t:;:..:..-".'-':':.:':;;'" 4.... " ',':.', .. .--'\\0;...,' . 'ltx.--' ~./' ~.~""* "~""i','''''~' : .-..., ""'''''S'l' - f'l~';~~! '~~~:'Y::. ,; -'.' '. .. ,', ~."~'tk.:'~./.: ;"- '. '. .' .~..,...'.tl 'T' p' - . " };: ..,~~!:~: #0 .~.~".,.~-_..itf . ... . ';f#f~:,-:::~;~'~{- ..+;~,?;.:. ~. , ..31:11; ~ '.'M~"lf. .~,' ~. "'_'." , -- '~r~y1;)~~:;. . " "; " . . " . _:'.t~.~f .'~. ;. ..~$'r-Z::~~. .:;. ,:~ ,,~f., :j" , ,'^ t . .,::~\~~~ .~ ~':~~t~f;~:.',~~,~~,~:::. " " --~'i;2'~ '~:~~i:':, co: """",.'...~,Ih' , ~'7. J....", ,,: .'." .'C-' ...... ~." '_ '. ~_' '.. ., . " :-'. : " :". -: . .....~:~. .- '-" -'- -' ...... ". . -' '::. -~..~.{~:ir:;-*-~-~~-\ ::y?.- "::..~\~~.t:~.;y. .. ';"':-:~;" '~? . 1 3/4 Ton Service Bill Wallace $ 17.375.69 Truck, Two-tone Ford paint. Diesel Engine. 4-wheel Drive , (Ford F-350) Account #333-2311-522-60.84 (Fire) 1 One-Ton. 8ill Wallace $ 14.584.03 w/Contractor Ford Dump 80dy (Ford F-350) Account #001-3113-541-60.84 (Street) ~ ~ Ted G1as Purchasing Director Attachments: Tabulation of Bids Memo from Director of Fleet & Faci li ty pc Robert Barcinski Chief Koen Yvonne Kincaide Robert Savage . " - ,- .. --'-' ,. . :\:...- .,....;,. . ::~ ;-". ,'..' ....: 'r ! --~. '~ " , . ~it '. ,J .0' , - B, -.... :# .' .. I:~ i .. - "'-"... ~...~ ".. ", . .. I ' , ... :::f;l n Ii ! ... ... ... ... ... "'0 0 ... ... ... .....ij ..... ..... ..... e z oS ~ DII - ... '" ... ~~~~[~F Pll ... ~~~~I~ ... ... ~~~~~I~ ~~~~~~[~~ ,. ~ I ~~~~~~ n ~ !il!ili~6'~~ iliililie~! I~ i~~6'~~ '" ........~"" ..............fi~ .... "'"... N...."C~ 0 i WN...... "CS "'\,oON"'IIl"~ CII N... "CI-'l " 'l... " " I I I ," :: ~ " " ~~i i~ Pll ~ I I I It R I I..... It R ..... 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" .. .. .. .. .. .. .. " " .. .. .. .. .. " " I g n r.-8 . S~8~~ N-./N N(llN .....CPo .....~N ,~ ~"'CPo CPo \0 ~'-./ .. lG -./~ -./ Cl"0 1>00 I ' 0...., ""'NN 5 ... N.. 5! ... ...1Il 1Il 0 ,. 8 8~ ~ ~: . . . . . . . ~:-' ~ ij . . . . It It " ...+~..... . i: ~lC lC 88 88~" It ~ 88~~a III " 1>0 It "~ a coe S ! n....... '" ... 0 .. -e;:". ... .. ~ ~ ! l;! " .. 8 11 . .." e;: ;,( WI . i . l . . ! ./t.,- ?, > '4', ..~, Elry DF DELRAY BEAEH ",'~,J. .>.. "~~,. ';'.,' ,.', ;'.-. .<. , ~"":"<_)~'; ',:-.:~;. '::" ~e<~. ~""lJl-"J" , .> .,~; -:: ;.::~- >, -;'~ - .....:'<...-t'.. J. 100 N.W. 1$t AVENUE OELRA Y BEACH, FLORIOA 33444 305/243, 7000 . MEMORANDUM TO: Walter O. Barry, City Manager FROM: John W. Elliott, Jr.. Assistant City Manager DATE: Management Services ~ February 7, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 14, 1989 - BID AWARD - LIQUID CHLORINE ANNUAL CONTRACT Item Before City Commission: The City Commission is requested to award an annual Liquid Chlorine Con- tract to the low bidder, Jones Chemicals, Inc., at costs, $80,000, which reflects a 30% decrease in price from last year for approximately 350 tons of liquid chlorine. Background: Three (3) vendors submitted bids for the January 23, 1989 bid opening. A tabulation of bids is attached for your review. The Palm Beach County Cooperative Purchasing Group met and voted to recom- mend award of the contract for liquid chlorine to the low bidder. Jones Chemicals. The 'cost for the City of De1ray Beach of $80,000 for 350 tons, reflects a 30% decrease in price from last years contract and an annual savings of approximately $35,000. Recommendation: Staff recommends award of bid to Jones Chemical, Inc., in the amount of $80,000 for approximately 350 tons of liquid chlorine. Funds to come from account #441-5122-536-35.15 (Water & Sewer - Water Treatment Operating Supplies) . JWE:sk attachments , THE ,EFFORT ALWAYS MATTERS , . , ., v, , 'Me M E M 0 RAN DUM TO: John W. Elliott, Jr. , Assistant City Managerl Management Services FROM: Ted Glas, Purchasing Director DATE: February 1, 1989 SU8JECT: Co-op Bids for Liquid Chlorine, Annual Contract The City of Boca Raton, Purchasing Department is the lead organization for this bid. Three (3) vendors submitted bids for the January 23, 1989 bid opening. A Tabulation of Bids is attached for your review, The Palm Beach County Cooperative Purchasing Group met and voted to recommend award of the contract for liquid chlorine to the low bidder, Jones Chemicals, Inc. , at costs, as follows: One Ton Cylinders -------------- $229. 150# Cylinders -------------- $ 29. For the City of Delray Beach, estimated annual quantity is 350 tons, and estimated annual cost is $80,000. The new bid reflects a 30 % decrease in price from last years contract, and an annual savings of approximately $35,000. Per the Budget Office, funding for this chemical is from account #441-5122-536-35.15 (Water & Sewer -Water Treatment- Operating Supplies). ~ ~ Ted G1as Purchasing Director Attachments: Tabulation of Bids Memo from Public Utilities pc Yvonne Kincaide Larry Martin , Cal Johnson -. .-- ... '. I .')' MEMORANDUM , TO: Ted G1as Director of Purchasing FROM: Ca1 Johnson Plant Manager - Water Treatment Plant SUBJECT: COOPERATIVE LIQUID CHLORINE BID DATE: February 2, 1989 I have reviewed the bid results and recommend the city accept "Jones Chemical" to continue as our supplier of Liquid Chlorine. ~#~ Ca1 o~ n CJ:ib cc: File I .-"-- --- , . ;<~ ,* , , , I... f n ._. ,- --.--- ." I ,., . I lD .. : ~ I lD " < . "' (;:J :II V < ". ,",0 ~ f::1 lr . ::> : ~ 8 ~ ~ ,., ~ ... 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UJ:l <J:l < ~ ~ . .S: ~ .. ~ ~ 00 c J .~ ... -- c ., ~ c. ~ .. 0 ~ Vi .:::: '\ : .. c.: II ...,,- g ~'" ,.. ~ .. ~ 'Z t5: c ., , ~ .., : III ., j . '" I .... ') I f!ffr ~)y H, K U AT KETTELHUT & ASSOCIATES Feb. 9, 1988 Ms. Nancy Reinhart Davila Beautification Project Manger City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re; Beautification Project, Irrigation Bid Review no, 89-23 Dear Nancy: I have reviewed the irrigation bids submitted on E. Linton Blvd. pro ject no. 89-23 and recommend that R & D Irrigation be awarded the contract. The primary cost increase over our original estimate is due to a $10,000 increase in the cost of the pumps and wells. The wells, because of their location in the city had to be gravel packed which resulted in the cost increase. Sincerely yours, g~u~ - ~ H. Kurt Kettelhut Landscape Architect ~7.. I) 227 Goolsby Boulevard Deerfield Be a c h, F lor i d a 33442 305/426-4305 ~ 2JJ )jV H. KURT KETTELHUT & ASSOCIATES Feb. 9, 1988 Ms. Nancy Reinhart Davila Beautification Project Manger City of Delray Beach 100 NIV 1st A venue Delray Beach, FL 33444 Re: South Federal Hwy., Bid no. 89-31 Dear Nancy: I recommend that the curbing portion of the project be re-bid. lVith several minor revisions to the plans togeather with the elimination of the bonding requirement by the city as much as $50,000 can be saved on the project cost. Sincerely yours, d~~ - -- H. Kurt Kettelhut Landscape Architect 227 Goolsby 80ulevard Deerfield Be a c h, F lor i d a 33442 305/426-4305 ~ 21))>>- H, KURT KETTElHUT & ASSOCIATES Feb. 9, 1988 Ms. Nancy Reinhart Davila Beautification Project Manger City of Delray Beach 100 NW 1st Avenue De1ray Beach, FL 33444 Re: Altantic Blvd" 1-95 no. 89-26 Dear Nancy: I recommend that the contract be awarded to All Green Lawn Sprinklers with the understanding that their total price can be modified to accommodate a conversion of this system to the city water. The price change would be based on the unit costs as submitted to the city. Sincerely yours, IJ~#~,- -- H. Kurt Kettelhut Landscape Architect 227 Goolsby Boulevard Deerfield Be a c h, F lor i d a 33442 305/426-4305 uJft fbJ J y H. KURT K E T TEL HUT & ASSOCIATES Feb. 9, 1988 Ms, Nancy Reinhart Davila Beautification Project Manger City of Delray Beach 100NW 1st Avenue Delray Beach, FL 33444 Re: Linton Blvd., 1-95 no. 89-25 Dear Nancy: I recommend that the contract be awarded to All Green Lawn Sprinklers with the understanding that their total price can be modified to accommodate a proposed change in the design of the system. The price change would be based on the unit costs as submitted to the city. Sincerely yours, I/~~ ------ H. Kurt Kettelhut Landscape Architect 227 Goolsby Boulevard Deerfield Beach, Florida 33442 305/426-4305 ~ fih J)' H, KURT K E T TEL HUT & ASSOCIATES Feb. 9, 1988 Ms. Nancy Reinhart Davila Beautification Project Manger City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: South Federal Hwy., Bid no, 89-24 Dear Nancy: I recommend that the irrigation portion of the project be re-bid. With several minor revisions to the plans togeather with some additional coordination with Florida POI<er & Light we should be able to several thousand dollars on the project cost. Sincerely yours, tJJV)~=--- - H. Kurt Kettelhut Landscape Architect 227 Goolsby Boulevard Oeerfield Be a c h, F lor i d a 33442 305/426-4305 , #f- .1. L ",' [ITY DF DElRAY BEA[H --,;1 . " If"'. ,,-:'~ . ,^1 "! ~..-I',; ; 100 N.W. ht AVENUE DELRAY BEACH, FLORIOA33444 305/243,7000 MEMORANDUM TO: Walter O. Barry. City Manager FROM: John W. Elliott. Jr.. Assistant City Manager DATE:' February 9. 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 14. 1989 BID AWARD - COMPREHENSIVE BEAUTIFICATION PROJECTS Item Before Commission: The City Commission is requested to award a bid to the low responsive bidders for various landscaping and irrigation projects. Award will be for five (5) Landscaping Bids and four (4) Irrigation Bids. The total amount of this project is $599.802.87 with funding to come from account '333-4141- 572-61.15 (1987 Utility Tax Construction Fund - Median Improvements). The following recommendations for award of bids are offered. West Atlantic Avenue (Swinton to I-95; Landscaping - Bid 189-22); Tuttle's Nursery & Lawn Care Service in the amount of $60.949.63. West Atlantic Avenue/I-95 Interchange; Landscaping - Bid '89-21. Lowest responsive bidder - Tuttle's Nursery & Lawn Care Service. in the amount of $121.607.90. Linton Bpu1evard /I-95 Interchange; Landscaping - Bid 89-20. It is recom- mended that the bid be awarded to Tuttle's Nursery & Lawn Care Service in the amount of $107.193. East Linton Boulevard (AlA to I-95; Landscaping; Bid '89-19); It is recom- mended that the bid be awarded to the lowest bidder. Tuttle's Nursery & Lawn Care Service in the amount of $49.946.50. South Federal Highway. (Between Linton & C-15 Canal), Landscaping - Bid '89-18. It is recommended that the bid be awarded to the lowest responsive bidder, Tuttle's Nursery & Lawn Care Service in the amount of $107.248. East Linton Boulevard. Irrigation; Bid '89-23. R. & D. Irrigation, Inc. in the amount of $37,000. Linton Boulevard/I-95 Interchange; Irrigation - Bid '89-25. Al1-Green Lawn Sprinklers, to be awarded the bid in the amount of $71,156.09. , THE EFFORT ALWAYS MATTERS ..-- , 1J1 D_ .- .~-- ;, - City Commission Meeting - February 14, 1989 Award of Bid/Beautification Projects February 9, 1989 Page 2 West Atlantic Avenue/I-95 Interchange; Irrigation - Bid 189-26. All Green Lawn Sprinklers in the amount of $44,701.75. South Feder,l Highway, Curbing - Bid 189-31. It is recommended that this work be rebid deleting the requirement for bonding and reviewing the extent of the curbing work specified. Background: Invitations to Bid were mailed to twelve (12) landscaping contractors and to fifteen (15) irrigation contractors on December 1, 1988. Nine (9) landscaping contractors and six (6) irrigation contractors submitted bids. A detailed copy of the bid summaries and narratives are attached. As discussed at the Commission Workshop on February 7, 1989, the bid amounts for irrigation exceed the amounts originally budgeted for those specific projects within the framework of the comprehensive besutification plan. The influx of the grant money from the highway beautification council and dipping into funds set aside for contingency, however, gives us the ability to accept these bids without having to delete other target areas slated for improvements. To be rebid: South Federal Highway, Irrigation, sometime in July. Bid#89-24. Recommendation: Staff recommends award to the low responsive bidders as listed above and outlined in the attached memorandum from the City Horticulturist and the Landscaping Architect, in the amount totaling $599,802.87. Funding to come from account 1333-4141-572-61.15 (1987 Utility Tax Construction Fund - Median Improvements). JWE:sk attachments : .....- ---. --... --.- -- ,; . .4: ',,,. . . - ; . r:.- .c::.'.". ",' .. ,I, ~ " . ,-: ... .. M E M 0 RAN DUM TO: John W. Elliott, Jr. , Assistant City Manager/ Management Services FROM: Ted G1as, Purchasing Director DATE: February 9, 1989 SUBJECT: Bids on Street Beautification Projects Invitations to Bid were mailed to twelve (12) landscaping contractors and fifteen (15) irrigation contractors on December 1. 1988. Legal advertisements were placed in the Palm Beach Post on December 7, 1988. Nine (9) landscaping contractors and six (6) irrigation contractors submitted bids for the January 12, 1989 bid opening. Nine separate Tabulations of Bids are attached for your review. The Purchasing Department concurs with the ,recommendation of the City Horticulturist and the Landscape Architect. as outlined in attached memorandum. Per the Budget Office, funding for these projects. which total $599,802.87. is available from account #333-4141-572- 61.15 (1987 Utility Tax Construction Fund - Median Improvements). ffJ ~ Ted Glas Purchasing Director Attachments: Nine (9) Tabulations of Bids Memo from City Horticulturist , pc Yvonne Kincaide Lu1a Butler Nancy Davila j -. --- - --- ~ . 1 ,/ - , !' ( "- \. MEMORANDUM To: Ted Glas. Purchasing Administrator From: Nancy Davila. Horticulturist/Special Projects Coordinator Re: RECOMMENDATION FOR AWARD OF BID/BEAUTIFICATION PROJECTS Date: February 9. 1989 The landscaping and irrigation bids received on January 12.' 1989 for target areas within the comprehensive beautification plan have been reviewed by our consultant. H. Kurt Kettelhut & Associates and staff. and the' following recommendations for award of bid are offered: West Atlantic Avenue (Swinton to 1-95). Landscaping = ~ 189-22 It is recommended that the bid be awarded to the lowest responsive* bidder. Tuttle's Nursery & Lawn Care Service in the amount of $60.949.63. West Atlantic Avenue/I-95 Interchange, LandscapinR - Bid 189-21 -- It is recommended that the bid be awarded to the lowest responsive* bidder. Tuttle's Nursery & Lawn Care Service in the amount of $121.607.90. Linton Boulevard/ I-95 InterchanRe ~ LandscapinR = Bid 189-20 It is recommended that the bid be awarded to the lowest responsive* bidder. Tuttle's Nursey & Lawn Care Service in the amount of $107.193.00. East Linton Boulevard (A-I-A to I-95), LandscapinR = Bid 189-19 It is recommended that the bid be awarded to the lowest bidder. Tuttle's Nursery & Lawn Care Service in the amount of $49.946.50. South Federal Hwy.(between Linton! C-15 Canal). LandscapinR = Bid 189-18 - It is recommended that the bid be awarded to the lowest responsive* bidder. Tuttle's Nursery & Lawn Care Service in the amount of $107.248.00. It should be noted that as a result of our application for funding through the Highway Beautification Council for their next fiscal year, that the Landscape Contractor has agreed to extend this price until the notice to proceed can be issued. sometime after July 1. 1989. * Palm Beach Sod Service. Inc.. was the lowest bidder but was deemed unresponsive as the bid was not submitted on the City's bid form . and therefore no unit pricing was extended. there was no ability to determine if they understood and agreed to the proposed contract specifications. and other information requested to analyze their ability to perform the work was not presented. , 1 .' ~ Linton Boulevard, Irrigation = Bid #89-23 It is recommended that the bid be awarded to the lowest responsive*'" bidder. R & D Irrigation. Inc., in the amount of $37,000.00. South Federal Hwy), Irrigation ~ Bid #89-24 , / It is recommended that all bids be rejected and the project rebid. Our Consultant, H. Kurt Kettelhut & Associates feels that the design and specifications can be refined to reduce the price. As this is an area where construction could not, begin until after July 1, 1989 due to the grant from the Highway Beautification Council, rebidding , in and of itself, will not create a notable delay for the project. Linton Boulevard/I-95 Interchange, Irrigation = Bid 189-25 It is recommended that the lowest responsive"'* bidder" All-Green Lawn Sprinklers, be awarded the bid in the amount of $71,156.09. West Atlantic Avenue/I-95 Interchange, Irrigation = Bid 189-26 It is recommended that the lowest responsive"'''' bidder, All Green Lawn Sprinklers. be awarded the bid in the amount of $44,701.75. It should be noted that the actual price bid has been adjusted to include an additional well and pump as specified in an addendum to the original bid. Price was increase using the unit pricing submitted with the bid. "'''' Responsive bidders were viewed as those bidders who had included sufficient amounts for the electrical work required to provide a source of power for the irrigation system. South Federal Highway, Curbing = Bid! 89-31 It is recommended that this work be rebid deleting the requirement for bonding. and reviewing the extent of the curbing work specified. As discussed at the Commission Workshop on February 7, 1989, the bid amounts for irrigation exceed the amounts originally budgeted for those specific projects within the framework of the comprehensive beautification plan. The influx of the grant money from the highway beautification council and dipping into funds set aside for contingency, however, gives us the ability to accept these bids without having to delete other target areas slated for improvements. ! 2 , , ; " ~ ~r H. KURT KETTELHUT &. ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticu1turist/ Special Projects Coordinator City of Delray Beach, Florida 100 N.W. 1st. Ave. De1ray Beach, Florida 33444 re: Atlantic Avenue and 1-95 Dear Nancy, I have reviewed the landscape bids, and recommend that Tuttle's nursery be selected as the contractor to install the landscaping for Atlantic Avenue and 1-95. Sincerely Yours, ~ .~;Y~q ~ H. Kurt Kette1hut Landscape Architect 227 Goolsby Bou levard Deerlleld Be a C h, Florida 33442 305/426-4305 ;~':c-lA~ b~U,:A ~J';~. A,ll. t'll J'tt"e. tt0"~::~f.Jt;(~ ~:b,:;.'~~,l-:A 'N N 1 ~ t . . ~/ ~ ,( U:U..t.A, U ,N (N:,tl ~ )c~_::.:::.... .:!'~., "-_::;~~~;:~'~';;:-"'~.!': :~':-'~,;'- ~~.~-r"~~~::-~'!~~':;""".';:"',--.J.;]-;:,.., " ,:'~ , , ,'. _. -.' .::. '--. _ . _-.~_..:-.-"', '::'~E . " "- , , . ,t@= fbJrJ H. KURT KETTELHUT & ASSOCIATES (fr ~}j: H. KURT KETTELHUT & ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticu1turist/ Special Projects Coordinator City of De1ray Beach, Florida 100 N.W. 1st. Ave. De1ray Beach, Florida 33444 re: South Federal Highway Dear Nancy, I have reviewed the landscape bids, and recommend that Tuttle's nursery be selected as the contractor to install the landscaping for South Federal Highway. Sincerely Yo~urs, ~~~ ' ' /~- H. Kurt Kette1hut Landscape Architect 227 Goolsby Boulevard Deerlleld Be a c h. Florida 3344-2 305/426-4305 -:': L~,~ _Il .~}.~~:,t.~'l,-~t~~~!}.-t~!!~T1il'~~:~U~::,,~}} ~kJN 11__'::1'. ~,Ilt ::P l,A UJJ I ~ II; . v ~:".-. ... 10.. _~ ... , ........'" ~ . "- ::0- " ~ !bi~ H. KURT KETTELHUT & ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticulturistl Special Projects Coordinator City of De1ray Beach, Florida 100 N.W. 1st. Ave. De1ray Beach, Florida 33444 re: East Linton Blvd. Dear Nancy, I have reviewed the landscape bids, and recommend that Tuttle's nursery be selected as the contractor to install the landscaping for East Linton Boulevard. ---...~ 227 Goolsby Boulevard, Deerlleld Be a C h, Florida 33442 305/426-4305 l):~ ,A;,~ ,~':~ ~!~ :,~}J,~~~i';;.i~,;l~!!!;~i,y'~~~.~~~~~,~.:,N '.~{;{t~ '~A,:: ~,:~.,I '~;~.; :'~~ ~",~l'~ ,,~ :#~:~}" ~~~ }~~;1l.. . '. ; , H. KURT KETTElHUT & ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticu1turist/ Special Projects Coordinator City of De1ray Beach, Florida 100 N.W. 1st. Ave. Delray Beach, Florida 33444 re: Atlantic Avenue Bid Dear Nancy, I have reviewed the landscape bids, and recommend that Tuttle's nursery be selected as the contractor to install the landscaping for Atlantic Avenue. Sincerely Yours, ) "t, ", --- !/'" /' ~-; 0,. ./ " - u', t_ ,,-' , / H. Kurt Kette1hut Landscape Architect 227 Goolsby Boulevard Deerfleld Be a c h. Florida 33442 305/426-4305 " ,\U ,N~6~,n ,p<t;::-.}.nJ:,_:"']::f::n,J':,H,:!,;;;,t~A N:6-:,; ~.L ~N lJ I N,Il,', ,.,:}gJ H,::"n:A N U !;~ D ,'~ ..-:./ .-,I\..~l'~::,~;__"-,""")''!:''~';.;''~,':',}-:.''',,,,..!:_'~~,.-i:;,..I_........,<...~_._.,'~,._ ...:.:._.".!.,':; ',; _ \,:.~_'." .'":-}....._.::"'" , , I ' , H. KURT KETTELHUT & ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticulturist/ Special Projects Coordinator City of De1ray Beach, Florida 100 N.W. 1st. 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"'N ~ - :: '" '" - '" .. '" '" .. N '" N N"~E~J!fii "' .. ;;a ... ... ... ... ... 8lU!OI= .. 8 ~ 0 8 5i ~ 8 8 5i 0 88 8 88 .... '" '" .; . 8 .; .; ,.: 8~ .; ~~ ::> ~~ 0 .. .. .. .. ~ 'S~a~~1 '" .. .. ~ - .. - - .. .. ~ . .. ~ 0 . .. N c: N ~ .. 0. E . ,. G ... ~ z - " . G ~ .. ,~ .~ G > 0. .. - 0. C ,~ 0. a: It) ~ '" - u " ..., " .. 0 0. .. I~ () ,. ..., z: ~.. l:l~ ~: ~~ 9 ... () .. ., 0 a: 0 0. ~ N .., . .. '" ... m .. ~ . . . . R" Wjlj H. KURT KETTELHUT " ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticulturist/ Special Projects Coordinator City of Delray Beach, Florida 100 N.W. 1st. Ave. Delr~y.Beach, Florida 33444 re: Atlantic Avenue and 1-95 Dear Nancy, I have reviewed the landscape bids, and recommend that Tuttle's nursery be selected as the contractor to install the landscaping for Atlantic Avenue and 1-95. p~ ~ H. Kurt Kettelhut Landscape Architect - 227 GOOlsby Boulevard Deerfleld Be a c h. Florida 33442 305/426.4305 . cS .~:j.l; -: ,,..... . r.'. . , H. KURT KETTELHUT " ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticulturist/ Special Projects Coordinator City of Delray Beach, Florida 100 N.W. 1st. Ave. Delray Beach, Florida 33444 re: South Federal Highway Dear Nancy, I have reviewed the landscape bids, and recommend that Tuttle's nursery be selected as the contractor to install the landscaping for South Federal Highway. ;~~ ---- H. Kurt Kettelhut Landscape Architect . j . 227 GOOlsby Boulevard Dee rf I e I d Be a C h, Florida 33442 305/426.4305 LANDSCAPE ARCHITECTS . LAN D PLANNING . SIT E PLANNING , . . ~ . ." . . , y ~:;.:;,~ :ft.~...~....e" .:'..... . ..~-::. -. -. ':~ '. ,-, ":::a..:..=:-:':':"':.;.;....-:a._ . " ,.' 'I':' , . . . . , H. KURT KETTELHUT " ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticulturist/ Special Projects Coordinator City of Delray Beach, Florida 100 N.W. 1st. Ave. Delray Beach, Florida 33444 re: East Linton Blvd. Dear Nancy, I have reviewed the landscape bids, and recommend that Tuttle's nursery be selected as the contractor to install the landscaping for East Linton Boulevard. ,~~ ~ / H. Kurt Kettelhut Landscape Architect - . 227 Goolsby Boulevard Deerfleld Be a C h, Florida 33442 305/426.4305 LAN D S CAP E ARCHITECTS . LAN D PLANNING . SIT E PLANNING . . . . , , ..?'., " . . , H. K U R,T KETTELHUT " ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticulturist/ Special Projects Coordinator City of Delray Beach, Florida 100 N.W. 1st. Ave. Delray Beach, Florida 33444 re: Atlantic Avenue Bid Dear Nancy, I have reviewed the landscape bids, and recommend that 'Tuttle's nursery be selected as the contractor to install the landscaping for Atlantic Avenue. Sincerely Yours, / ) J:(- /"" ,/ , ./-'/ --- ./ /-" <-/<"'c''''-, ' / /---_..~ /,_/ - H. Kurt Kettelhut Landscape Architect . 227 GOOlsby Boulevard Deerlleld Be a C h, Florida 33442 305/426-4305 . , . , \ . pr Wjlj H. KURT KETTELHUT " ASSOCIATES Feb. 6, 1989 Ms. Nancy Reinhart Davila Horticulturist/ Special Projects Coordinator City of Delray Beach, Florida 100 N.W. 1st. Ave. Delray Beach, Florida 33444 re: East Linton and 1-95 Bid Dear Nancy, I have reviewed the landscape bids, and recommend that Tuttle's nursery be selected as the contractor to install the landscaping for East Linton and 1-95. b~~~t -:.." 0' H. Kurt Kettelhut Landscape Architect . 227 GOolsby Boulevard Deerfleld B ea c h. Florida 33442 305/426-4305 i , .. - f