04-25-89 Regular
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
April 25, 1989
7 P.M. ADDENDUM 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.
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
45A. Original Agreement pertaining to periineter landscape strip
. executed by William Chamberlain.
45B. Original Agreement pertaining to median cut on Federal Highway.
THE CONSENT AGENDA IS AMENDED TO CORRECT:
46B. AS READS: .. . "with funding from Law Enforcement Trust to Police
Administration Account..." IS AMENDED TO READ: "with funding from
Police Administration..."
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100 N.W. 1s1 AVENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000
CITY OF DELRAY BEACH, FLORIDA
JOINT WORKSHOP SESSION
CITY COMMISSION - PLANNING & ZONING BOARD
APRIL 25, 1989
6:30 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) Review and discussion of the Draft Comprehensive Plan.
THE EFFORT ALWAYS MATTERS
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CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
April 25, 1989
7 P.M. ADDENDUM 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.
THE CONSENT AGENDA IS AMENDED TO INCLUDE:
45A. Original Agreement pertaining to periineter landscape strip
, executed by William Chamberlain.
45B. Original Agreement pertaining to median cut on Federal Highway.
THE CONSENT AGENDA IS AMENDED TO CORRECT:
46B. AS READS: .. . "with funding from Law Enforcement Trust to Police
Administration Account..." IS AMENDED TO READ: "with funding from
Police Administration..."
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[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243- 7000
MEMORANDUM
TO: Mayor and City Commission
FROM: City Man...~~
SUBJECT: CONDITIONAL USE AND SITE PLAN - DELRAY BEACH MAZDA
DATE: April 24, 1989
Attached are two agreements between Delray Beach Mazda and the City
which are required as conditions of approval for the Delray Beach Mazda
conditional use and site plan. The agreements involve work on Federal
Highway to close an existing medial cut for Avenue G and create a new
median cut at Avenue F at it's intersection with Federal Highway. This
agreement is conditional upon Florida Department of Transportation .
approval.
The second agreement provides that at the time Federal Highway is
widened Delray Mazda will be required to provide an additional 20 feet
of landscape adjacent to the expanded Federal Highway. This agreement
allows the existing encroachment of display parking into the perimeter
landscaping area along Federal Highway.
Both agreements have been reviewed and approved by the City Attorney's
office. I recommend Commission approval as Items 45a and 45b of your
consent agenda.
WOB:nr
Encl
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THE EFFORT ALWAY'O MATTER'O
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LAW OFFICES OF J:ic..hCl' ~ V]~~D
ROGER G. SABERSON, P.A. APR 1 9 1989
DELRA Y EXECUTIVE MALL
110 EAST ATLANTIC AVENUE CITY MMi~GtK'S OFFICl
DELRA Y BEACH. FLORIDA 33444
(407) 272-8616 April 19, 1989
Mr. Walter Barry, City Manager
City of Delray Beach
100 NW First Avenue
Delray Beach, Florida 33444
Re: Delray Beach Mazda (William Chamberlain - Conditional Use and
Site Plan - Agreements which were required as conditions of
approval)
Dear Walt:
Pursuant to our telephone conversation this morning in regard to
the above subject, please find enclosed the following:
1- Original Agreement pertaining to perimeter landscape strip
executed by William Chamberlain
2.. . Q,iginal Agreement pertaining to median cut on Federal
Highway
Please note that both of these Agreements have been approved by ,
the City Attorney's Office, as indicated by Susan Ruby's signature
thereon.
I would appreciate it if you would put these Agreements on the
Consent Agenda for the Commission meeting of April 2.5, 1989, so that
the Commission can authorize the City's execution. After the City has
executed the Agreements, please return to my office a fully executed
copy thereof.
Thank you for your cooperation in this regard.
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ROGER G. SABERSON
RGSjjb
Enclosures
cc: Susan Ruby, Esquire, wjenclosures
Mr. David Kovacs, wjenclosures
Ms. Maureen Murtaugh, wjo enclosures
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l,GREEMENT PERTAINING 1'0 MEDI JeN CUT ON FEDERl-.L HIGHW".y
This Agreement .is entered into this day of
, 198~ by ,.lr:d between '.n 1.1.1 AM A.
CHANBERLAIN, hereinafter referred to as "O'>'iNEH" and the City of
Dehoay Beach, hereinaft,er referred to as the "CITY".
WHEREAS, William Chamberlain is the owner of Delray
,Mazda; and,
WHERE1\S, the Mazda Automobile Dea.lership is located
north of LaMat Avenue lying between Dixie: Highway and Federal
Highway and south of Avenue F in the City of Delray Beach
(hereinafter referred to as the "Property"); and,
WHEREAS, the OWNER app1ir;d to the CITY for Site Plan
and ConcU tional Use Approval for tl'w expansion of the 11azda
Automobile Dealership on the property; and,
WHEREAS, a condition of approval of the Conditional
Use and Site Plan for the 11azda Automobile Dealership was. for
the OWNER to enter into an agreement with the CITY pertaining
to work on Federal Highway which included the closing of the
existing medlan cut for Avenlle G at Lts intersection with
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Federal Highway and the creation of a new median cut at Avenue
F at its in'tersection with Federal Highway.
NOW, THEREFORE, for One Do 1 Lu ($1.00) dnd other
good and valuable consideration, the receipt and sufficiency of
which is aCkno,dcdged from each party to th.:: OtlK'r, the party
hereby agrees as follows:
1. The above Whereas clauses are true and correct
and are incorporated herein by reference.
... 'l'he OWNER cloes hereby agree with the CITY that
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the OWNER shall prepare the plans and specifications in a form
as may ,be required by the Florida Department of Transportation
(hereinafter referred to as "FDOT") for the pr'ocessing of a
permit to close the median cut at Avenue G and to create a new
median cut at Avenue F, both on Federal Highway in the Ci ty of
Delray Beach, Florida.
If FDOT indicates in writing prior to the submission
of any permit that a Permit Application for such work would be
rejected as n'ot being in compliance ,;i th existing FDOT
Standards, then the OWNER shall not be required to file a
Permit Application and this Agreement will terminate, except as
hereinafter noted.
In the event that an Application for a Permit is
accepted for processing by the FDOT ~nd thereafter denied, then
this Agreement shall terminate, except as hereinafter noted.
, 3. If FDOT approves the Closing of the Avenue G
median cut and the creation of a new median cut at Avenue F; or
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either of them, then the OWNER shall construct the approved
improvements for Avenue G and/or Avenue F concurrent with the
OWNER's construction of that portion of Avenue F dedicated on ,
the Plat of Delray Mazda to driveway standards and the grading
and provision of shell rock for the remainder of Avenue F to
Federal Highway.
4. The CITY supports the OWNER receiVing a credit
under the Palm Beach County "Fair Share Contribution for Road
Improvements Ordinance" or other applicable traffic impact fee,
ordinance or regulation, for all funds expended in connection
with the median cut and related improvements pertaining to
Avenue G and Avenue F at their intersection with Federal
Highway, as follows:
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A. For all 1''''[l1Iil: f~r.:.:~ p,::t,id by the OHNER.
B. For all profession,..l fees paid by the OHNER
including but not limi~ed to the engineering fees for the plans
and specifications.
C. For the lubor, material, and other
construction related costs pertaining to the ClOSing of the
Avenue G median cut and the creation of a new median cut at
Avenue F on Federal Highway and related improvements.
The CITY further agrees that notwithstanding the fact
that FDOT lTIay disapprove the Permit AppLication the OWNER may,
if approved by Palm Beach County, nonetheless receive a credit
for any costs expEmded (prior to such disapproval) in regard to
items A and B above.
The provisions of this Paragraph uS to the credit
against traffic impact fees shall survive a termination of this
Agreement.
IN WI1'NESS ~IHEREOF , the parties have executed this
Agreemen on the date indicated above.
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CI TY OF DELHA Y BEACH, FLORIDA
Attest: By:
I.layor
City Clerk
Approved as to Legal SUffiCiency
"orm:
Y Attorney
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AGREEMENT PERTAINING TO PRRH1ETER LANDSCAPE STRIP
This Agreement is entered ~nto this day of
, 198' b'"t\veen \IILLIAN A. CHAMBERLAIN
(hereinafter referred to as "OWNER" ) dnd the CITY OF DELRAY
BEACH (hereinafter referred to as the "CITY").
WHEREAS, OWNER applied to the CITY for Site Plan and
Conditional Use Approval for the expansion of the Mazda
Automobile Dealership; and,
WHEREAS, the Nazda Automobile Dealership is located
north of LaMat Avenue lying between Dixie Highway and Federal
Highway and south of Avenue F in the City of Delray Beach; and,
WHEREAS, one of the conditions for approval of the
Site Plan and Conditional Use \.Jas the cnter.ing into of an
agreement with the CITY pertaining to curing the eXisting
encroachment of display parking into the perimeter landscape
area along Federal Highway at the time Federal Highway is
widened,
NOW, THEREFORE, for One Dollar ($1.00) and other good
. and valuable consideration, the receipt and SUfficiency which ,
is recognized from each party to the other, the parties hereby
agree as follows:
l. The above Whereas clnuses are t.rue und correct
and are incorporated herein by reference.
2. Tha t the OWNER hereby agrees that at such time
as Federal Highway is widened, that t.he OWNER will at that time
provide the required perimeter twenty (20 ) foot landscape strip
adjacent to the expanded Federal Highway.
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3. This Agreement shall be binding upon the
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date indicated above.
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\/.l1lia.mI)Chamberlain
CITY OF DELRAY BEACH, FLORIDA
By:
I1ayor
ATTEST:
City Clerk
Approved as tc> Legal SUfficiency
a Form:
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~City Attorney
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Agenda
Meeting of 4/25/89
Page 4
REVISED:
46. AWARD OF BIDS AND CONTRACTS:
B. Award Bid - Police Staffing and Deployment Study
to Institute for Law and Justice, Inc. _ $22,228
with funding appropriated from Police Administra-
tion Account No. 001-2111-521-32.11.
C. Award Bid - Paramedic Rescue Vehicle to Emergency
. Vehicle Fabricators, Inc. , $63,625 from the
following accounts:
. 001-2315-526-60.84 _ (Fire - EMS Operations -
Matching Grant + Operations $38,600
333-2511-522-60.84 - (1987 Utility
Tax - Fire - Capital) $21,525
115-0000-248-64.00 (Special Pro-
jects - Fire Capital) $ 3,500
Total: $63,625
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF APRIL 25, 1989
DATE: April 21, 1989
PUBLIC HEARINGS
Item No. 7 (Ordinance No. 22-89) This is Second Reading of an
Ordinance establishing the criteria for open burning permits. At your
April 11th meeting two draft ordinances were presented. The
Commission accepted Option A which provides that open air burning may
occur when an air curtain incinerator is used and Fire Department
criteria are met.
The primary permitting agency for open burning is Palm Beach County.
Mr. Ajaya Satyal an Environmental Specialist with HRS has advised
that burning using an air curtain incinerator will not pollute the
atmosphere due to the reburning of smoke.
Recommend approval of Ordinance No. 22-8'9.
Item No. 8 (Ordinance No. 24-89) This is Second Reading of an
Ordinance providing that parking surfaces on historic sites or within
historic districts may be improved with surface material other than
that generally deemed appropriate by the City Engineer, subject to
approval of the Historic Preservation Board.
Recommend approval of Ordinance No. 24-89.
Item No. 9 (Ordinance No. 25-89) This is Second Reading of an
Ordinance deleting the 1,500 foot space requirement for land uses of a
social services nature. Current Code requires a distance of 1500 feet
or more between these uses.
The Planning and Zoning Board at their March 20th meeting recommended
deletion of the 1,500 foot distance -restriction finding that the
distance between similar uses is but one of several criteria to be
reviewed in land use consideration.
Recommend approval of Ordinance No. 25-89.
Item No. 10 (Ordinance No. 26-89) This is a Second Reading of an
Ordinance amending Chapter 100 "Nuisances", Section 100.08(A) to
provide that any building wall visible from public right-of-ways shall
be maintained in a secure and attractive manner. This clarifies a
previously approved ordinance and is consistent with Commission
intent.
Recommend approval of Ordinance No. 26-89.
Item No. 11 (Ordinance No. 27-89) This is a Second Reading of an
Ordinance amending Chapter 165 "Unsafe Buildings", Section 165.33(C)
to provide for advertisement of notices of hearing for unsafe
buildings whenever certified and/or first class mail is returned
unclaimed or is undeliverable. This action is consistent with other
AGENDA REPORT
Meeting of 4/25)89
Code Enforcement procedures and is a technical rather than substantive
change.
Recommend approval of Ordinance 27-89.
Item No. 12 Street Name Auction. This is a continuation of the public
hearing held on this item at your Special Meeting of April 18th. In
addition the street name list requires ratification.
Recommend conduct of public hearing and ratification of street list.
FIRST READINGS
Item No. 14 (Ordinance No. 28-89) This is a First Reading of an
Ordinance for the voluntary annexation of the Extra Closet located on
the east side of Military Trail, approximately 2,750 feet north of W.
Atlantic Avenue with a proposed City zoning of SAD. This action
follows staff's recommendation to call in a 1987 water service
agreement. Because of some definitional problems between our Land Use
Map and our Zoning Code, an initial zoning of SAD is proposed.
The SAD is to be based upon a site and development plan previously
approved by the City Commission. While not normally a zoning
designation for annexed properties, this can be considered a unique
situation. When properties are annexed by the City a zoning
designation must be affixed, however "mini storage facilities" are not
included in the GC zone district. Furthermore they are prohibited by
the Land Use POlicy Guide. Notwithstanding this fact it is
appropriate for the annexation be consummated.
The Planning and Zoning Board at it's April 17th meeting recommended
approval.
Recommend approval of Ordinance 28-89 annexing the Extra Closet with
initial City zoning of SAD.
Item No. 15 (Ordinance No. 29-89) This is a First Reading of an
Ordinance for the voluntary annexation of the U.S. Post Office located
on the east side of Military Trail, approximately 2,240 feet north of
W. Atlantic Avenue, with an initial City zoning of CF. This action
follows staff's recommendation to call in a 1987 water service
agreement and as result of the proposed annexation of the Extra Closet
property which makes this property contiguous to the City.
There is some question on the zoning designation for this property.
The Post Office is requesting SC (Specialized Commercial), believing
that CF zoning carries a lower market value. The zoning designation
of CF is appropriate as it is consistent with the City's Land Use Map
designation and reflects the existing use. Staff suggests the Post
Office request a zoning designation change and amendment to the Local
Land Use Plan following annexation if they wish a different zone
category.
The Planning and Zoning Board at it's April 17th meeting recommended
approval.
Recommend approval of Ordinance No. 29-89 annexing the U.S. Post
Office on Military Trail with an initial City zoning of CF.
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AGENDA REPORT
Meeting of 4/25/89
Item No. 16 (Ordinance No. 30-89) This is a First Reading of an
Ordinance rezoning property located at the southwest corner of Linton
Boulevard between Congress Avenue and the E-4 Canal from P.O.C. to
RM-10. Minto Builders Inc. is proposing to construct Linton Lakes
II, a 296 multiple-family residential unit subdivision similar to that
located immediately north of this tract.
The Planning and Zoning Board at it's April 17th meeting recommended
approval.
Recommend approval of Ordinance No. 30-89 rezoninq property located at
the southwest corner of Linton Boulevard between Conqress Avenue and
the E-4 Canal from P.O.C. to RM-10.
Item No. 17 (Ordinance No. 31-89) This is a First Reading of an
Ordinance rezoning property located on the southwest corner of S.W.
10th Street and Miami Boulevard, in the Silver Terrace Subdivision
from RH to RO. The zoning change will accommodate services and
offices to serve women in need of assistance.
The Planning and Zoning Board at it's April 17th meeting recommended
approval.
Recommend approval of Ordinance 31-89 rezoninq property located on the
southwest corner of S.W. 10th Street and Miami Boulevard, in the
Silver Terrace Subdivision from RH to RO.
Item No. 18 (Ordinance No. 32-89) This is a First Reading of an
Ordinance amending the Zoning Text to include the definition of
"Department Store". This amendment of the L.C. (Limited Commercial)
Zone District limits the size of department stores to 20,000 square
feet or less. This action is consistent with Commission direction
give at your February 21st work session.
Recommend approval of Ordinance No. 32-89.
Item No. 19 (Ordinance No. 33-89) This is a First Reading of an
Ordinance amending Chapter 162 to add sub-subsection (c) providing for
signs in a breezeway or signs at the entrance of a breezeway. The
City Attorney's office has provided two drafts ordinances for your
consideration.
Draft A provides for signs in a breezeway. The specific criteria is
(1) the in lieu of sign for each unit within a breezeway shall be
located at the front entrance to the breezeway; (2) the sign face
shall not exceed 10 square feet; (3) will not apply to enclosed malls;
(4) shall not be construed to be an off-premise sign or any other type
of sign otherwise prohibited under Chapter 162.
Draft B provides for signs at the entrance of a breezeway. The
specific criteria includes (1), (2), (3) and (4) as above, except that
the sign must be located above the entrance to the breezeway.
Recommend approval of Ordinance 33-89 amendinq Chapter 162 of the City
Code.
REGULAR AGENDA
Item No. 20 Appointment of Member to the Civil Service Board. Milford
Ross' term on the Civil Service Board has expired and pursuant to
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AGENDA REPORT
Meeting of 4/25/89
Commission policy he is ineligible for reappointment. We have
received applications from:
June Henley
David Henninger
Murry Sohmer
Recommend appointment of one member to the Civil Service Board to a
term endinq April 1, 1991.
Item No. 21 Appointment of an Alternate Member to the Metropolitan
Planning Organization. The MPO had an established procedure allowing
appointment of alternates to serve when regular members were unable to
attend meetings. The Attorney General's office issued an opinion that
Florida Statues pertaining to the MPO did not provide for alternates
and this practice was discontinued.
Subsequently the Legislature has amended the applicable statues to
allow the appointment of alternate members. The alternate must be an
elected official and serve the same governmental entity as the regular
member. Appointment of an alterant is advantageous to the City to
assure our representation at all MPO meetings. Involvement of a
second elected official will also provide additional involvement
specifically in regional transportation issues.
Recommend appointment of an elected official to serve as a alternate
member of the Metropolitan Planninq Orqanization.
Item No. 22 Line of Credit. This item follows discussion at your
April 11th meeting. Direction to staff about terms, rate structure,
projects and amounts to be included for funding, repayment funding
sources, and security for the credit are needed.
Item No. 23 Approval of Revision to U.D.A.G. Grant Agreement.
Information will follow from the City Attorney's office on Tuesday
night.
Item No. 24 Presentation- Sharing for Excellence in Schools 1990 the
Delray Beach Plan. A presentation and discussion.
Item No. 25 Request for Funding- American Assembly on Children's
Issues in Palm Beach County. Approve request for funding in the
amount of $1,000 in support of the American Assembly of Children's
Issues sponsored by the Child Advocacy Board, Palm Beach County
Commission, Palm Beach County School Board and Children's Services
Council. Funding can be made available from the Special Event
Account, Fourth of July line item since no decision has been made
about this activity and funds are available for redistribution.
Recommend approval of request for $1,000 in support of the American
Assembly of Children's Issues in Palm Beach County and authorize
fundinq from the Special Event Account, Fourth of July line item.
Item No. 26 Request for Funding from Palm Beach County to Support
Local Consensus Building Events. The County has adopted criteria for
funding community consensus building events. Cities can receive a 50%
matching grant not to exceed $10,000 per event. A request in the
amount of $4,000 to support the Visions 2000 Steering Committee
activities has been made. Funding is available in the Special Event
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AGENDA REPORT
Meeting of 4/25/89
Account, Fourth of July line item.
Recommend approval of request for fundinq in the amount of $4,000 to
support Visions 2000 Steering Committee activities with fundinq from
the Special Events Account, Fourth of July line item.
Item No. 27 Consideration of proposal for Allamanda Gardens from the
Palm Beach County Housing Partnership. The Palm Beach County Housing
Partnership has request $299,768 to offset the site and development
cost for the subdivision known as Allamanda Gardens. This 36 unit
subdivision will be constructed by Sterling and Design of Boca Raton.
The City's share of the cost total $8,326.88 per unit.
Initially the Housing Partnership had asked for $130,000 which has
been budgeted from Community Development Block Grant funds (CDBG).
Should the Commission commit to fund the amount requested by the
Housing Partnership it is recommended that $100,000 be allocated from
General Fund Revenue in fiscal year 1989-90 and that $69,768 be
allocated from the CDBG Fund fiscal year 1989-90. It should be noted
that if there is public opposition to allocation of the CDBG funds,
the total amount must come from General Fund Revenue.
Recommend Commission consideration of the request from the Palm Beach
County Housinq Partnership with fundin totallin $199 768 from CDBG
and 100 000 from General Fund Revenues.
Item No. 28 Request for Extension of Conditional Use Approval- Delray
Auto Grooming. Jimmy and Willie Weatherspoon are requesting an 18
month extension of the Conditional Use approval for Delray Auto
Grooming located on the northwest corner of N.E. 2nd Avenue and N.E.
2nd Street.
This extension is necessary because, even though ground breaking on
the project has or will shortly begin, the requirement for 25%
completion of the project will not likely be met by June 1st. At that
time Conditional Use approval would otherwise expire.
The Planning and Zoning Board at their April 17th meeting recommended
approval.
Recommend approval of the extension of the Conditional Use approval
for 18 months.
Item No. 29 Request for Site and Development Plan Approval- Delray
Beach Yacht and Club Condominiums. W.M. "Monty" Helm is requesting
approval of a site and development plan for to build a four-story,
twelve unit multiple-family condominium on the northerly portion of
the site, located on the northwest corner of MacFarlane Drive and
Ingraham Avenue.
The Planning and Zoning Board at their April 17th meeting recommended
approval.
Recommend approval of site and development plan for the Delray Beach
Yacht and Club Condominiums.
Item No. 30 Conditional Use and Site Plan Approval - St. Paul's
Episcopal Church. St. Paul's Episcopal Church is requesting approval
of a conditional use and site plan to establish a school at the
northeast corner of S.W. 1st Avenue and S.W. 2nd Street. This is a
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AGENDA REPORT
Meeting of 4/25/89
major modification which will add a new elementary school for 30
students (kindergarten through third grade) to the existing uses
( church and day care for 30 students). The proposal involves internal
renovation and occupation of the existing rectory. Internal
modifications include the creation of two classrooms, library/ study
area, science and geography room, teacher workroom, kitchen and
receiving office and storage area. Since these changes will add a new
use to the site as well as increasing enrollment 100%, total site
upgrading is appropriate.
The Planning and Zoning Board at their April 11th meeting recommended
approval.
Recommend approval of conditional use and site plan for St. Paul's
Episcopal Church.
Item No. 31 Conditional Use - Auburn Trace Day Care Center. This is
a request for a conditional use for the Auburn Trace Day Care Center.
The day care center will be located in the Auburn Trace development on
the west side of S.W. 8th Avenue, between S.W. 4th and S.W. 7th. It
will be constructed as a part of the project's initial construction
and leased for independent operation.
The Planning and Zoning Board at their April 11th meeting recommended
approval.
Recommend approval of Conditional Use for Auburn Trace Day Care
Center.
Item No. 32 Appeal of Conditions- Exxon Station, Atlantic Avenue at
Congress. This Exxon Station location has previously been before the
Commission as part of the annexation process as well as receiving site
plan approval. The next normal and final step in the process is the
approval of the plat. Unfortunately, over the past few months during
the plat review process, additional right-of-way demands have been
made by the County and Florida D.O.T. By prior agreement the City
acts as an agent for these two entities in securing the necessary
right-of-ways and dedication of their requirements for future road
development purposes.
The owners of the Exxon property are refusing to grant any additional
land over and above that which they previously agreed to. According
the the owners the additional requirements for dedication along
Atlantic and Congress Avenues comprise approximately 9,000 to 10,000
square feet which would significantly decrease Exxon's property
without compensation. They are requesting that the City approve the
replatting based upon the previously submitted and approved site plan
and requirements. This places the Commission in a very difficult and
uncomfortable situation.
If the appeal is granted and the final plat approved as submitted then
our relationship with the County and State would be jeopardized in
that they desire the City to obtain rights-of-way whenever possible;
however a denial of the appeal may result in litigation with the City
being the primary defendant.
Commission's attention is called to the City Attorney's attached memo
regarding road way reservation and dedication. In view of the
potential for litigation the administration is not making a
recommendation at this time, but will rely upon the City Attorney's
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AGENDA REPORT
Meeting of 4/25/89
legal advice and discussions with Commission members which will take
place at the meeting.
Recommend consideration of appeal of conditions for the Exxon Station
at Conqress and Atlantic.
Item No. 33 Appeal of Community Appearance Board Action - Teri
Gautier. On April 12th, Ms. Gautier appeared before the CAB for
approval of a proposed sign, 45 square feet in diameter with black
wording on a white background, for the Body Balance at 419 E. Atlantic
Avenue. The CAB approved the sign request, however with the
conditions that the height be reduced to 16 feet and the length be
reduced to 12 feet. Ms. Gautier feels this request is unreasonable
as the storefront is recessed approximately four feet and the wall
space proposed for the sign is five feet higher than that of
surrounding storefronts. As the sign is otherwise within code
requirements Commission consideration is requested.
Recommend consideration of appeal to CAB decision.
Item No. 34 Retirement Benefit Contributions. The Division of
Retirement is proposing a rule change regarding City contributions
pension plans. The Division proposes that quarterly payments to
employee pension funds be made during the year in which the benefits
are accruing. The effect of this policy is to require an accelerated
payment of contributions to employee pension funds.
A staff memo enclosed in your packet details the City's position. The
City Attorney suggests Commission approval prior to challenging this
rule.
Recommend Commission authorization to challenqe the Division of
Retirement's rule regardinq contributions to retirement pension plans.
Item No. 35 Marina Delray- Update on Litigation reo ACLF. The
Commission has previously authorized settlement of litigation on the
Marina Delray issue. Prior to a settlement being arrived at however,
the Circuit Court conducted a trial on the matter which was found in
favor of the City. This complicates the proposed settlement somewhat
and the City Attorney will have an update for you at your Tuesday
evening meeting.
CONSENT AGENDA
Item No. 36 Request for Funding- Community Child Care Center. This
item is pursuant to direction received at your April 18th workshop. A
total of $36,695 will be transferred to the Community Child Care
Center to offset their building and operating expenses this year.
Recommend approval of the request from the Community Child Care Center
in the amount of $36,695.
Item No. 37 Request for Funding- Morikami Museum. On May 19th, twenty
representatives from Miyazu, Japan will be visiting Delray Beach under
the auspices of the Morikami Museum. A dinner and other activities
will be held to which the Mayor, Commission, and other local
representatives will be invited. The Morikami has requested a total
of $500 to offset the expenses which will be incurred on behalf of our
Sister City representatives during their visit May 19th through May
- 7 -
AGENDA REPORT
Meeting of 4/25/89
21st.
Recommend approval of request from Morikami for $500 with fundinq for
the Special Events Account, Fourth of July line item.
Item No. 38 Bonding Requirements- Proposed Revision. This is a
proposed policy change on bid/performance and payment bond
requirements. The proposal is part of a local MBE (Minority Business
Enterprise) program and is designed to allow smaller companies to more
opportunity to participate in City construction and project awards.
Smaller companies might not otherwise be eligible to participate
because of existing bond requirements making it more difficult for
smaller, less capitalized, companies to bid. Additionally some
projects are so small that bonds are often not cost effective for
bidders, making it sometimes difficult to find contractors to perform
small jobs.
Staff has proposed bonding for projects between $100,000 to $200,000,
unless waived by the Commission; $10,000 to $100,000 unless waived by
the City Manager; and deleting the requirement for bonding on projects
$10,000 or less. In addition a method for evaluating each project is
included to assist in determining whether or not bonding is required.
Recommend approval of Revision 1, Purchasinq 16, of the City's
Administrative Policies and Procedures Manual.
Item No. 39 Amendment No. 3- Camp, Dresser and McKee (CDM) Contract.
At the March 16th meeting of the South Central Regional Wastewater
Treatment and Disposal (SCRWTD) Board an engineering contract with CDM
was approved. The contract includes work to provide engineering
services for start up of the odor abatement system for the aeration
basins, new electrical service and the effluent pump station expansion
up to 24 mgd. Also in the preliminary design is development of the
exact odor control abatement system that will be proposed for the
aeration basins and related work.
Additionally the contract approved allows for final design of either
the odor abatement system, the new electrical service and/or pump
station with the Board having the option to authorize any appropriate
combination of the projects. The total amount of the contract
recommended for ratification here is not to exceed $1.39 million for
engineering services.
Recommend ratification of the SCRWTD Board action.
Item No. 40 Approval of Police and Fire Communications Agreement.
This is a renewal agreement between the City of Delray Beach and Town
of Gulfstream for dispatching and communication services from our
Police and Fire Departments. Under this agreement the Gulfstream will
pay $20,000 annually for services June 15, 1988 through June 15, 1991,
the amount of which is no different than previous years. There will
be no additional assessments or reimbursements for this period.
Recommend approval of agreement between the City of Delray Beach and
Town of Gulfstream for dispatchinq and communication services.
Item No. 41 Change Order No. 3- West Linton Boulevard Landscaping.
This Change Order is an increase in contract price of $2,650. The
reason for the changes are the relocation of nine trees and watering
truck services for an additional six weeks. The trees were relocated
- 8 -
AGENDA REPORT
Meeting of 4/25/89
from the northwest corner of Congress Linton because they conflicted
with the exfiltration drainage system being constructed by the County
in that area. The additional six weeks watering truck service for
median plant materials was necessary due to delay in installing the
irrigation system. Southern Bell and CATV had to lower their lines
before FP&L transformers for the pumps could be installed. Funding is
available in Account No. 333-4141-572-61.15 (1987 Utility Tax- Median
Improvements) .
Recommend approval of Chanqe Order No. 3 in the amount of $2,650 from
Account No. 333-4141-572-61.15 (1987 Utility Tax-Median Improvements).
Item No. 42 Disposition of Fire Department Turnout Gear. The Fire
Department has surplus firefighters protective clothing (coats, pants,
and helmets) which no longer meet City standards. The Department is
requesting Commission approval to donate the clothing to the Florida
State Firemen's Association. The Firemen's Association has a Turnout
Gear Program which makes gear available for municipalities that cannot
afford to buy new gear for their firefighters.
Recommend approval of donation of surplus turnout qear to the Florida
State Firemen's Association.
Item No. 43 Request for Waiver and Refund of Solicitation Permit Fee.
The American Heart Association is requesting a waiver of the 1989
solicitation permit fee and for a refund of the $340 they paid for the
permit. They are a non-profit organization and this request is
consistent with previous Commission action.
Recommend approval of waiver request and refund the $340 paid for the
1989 solicitation permit for the American Heart Association.
Item No. 44 Request for Variance. Mr. Ned Wood, represented by
Delray Marine Construction Company is requesting a variance to
construct a dock 30 feet into the Intracoastal at 415 S.E. 7th
Avenue. City code allows 5 feet and thus a variance is required.
Engineering staff recommends approval as it would be impossible to
build a usable dock at this location and meet Code requirements.
Adjacent property owners have been notified and do not object.
Recommend approval of variance request to construct a dock 30 feet
into the Intracoastal at 415 S.E. 7th Avenue.
Item No. 45 Request for Final Plat Approval- Sherwood Forest
Subdivision. This item has been before the Commission previously and
involves construction of a subdivision around the present Sherwood
golf course. The final plat has been reviewed by the Planning and
Zoning Board and approved at it's April 17th meeting. The Board had
several minor conditions which are not substantive to the final design
of the subdivision itself.
Recommend approval of the final plat for Sherwood Forest subdivision
subject to the stipulation that prior to the execution of plan by the
City Enqineer, permits be received from the Department of
Transportation and the South Florida Water Manaqement District.
Item No. 46 AWARD OF BIDS AND CONTRACTS:
A. Water Treatment Plant Expansion Project- Widell Associates
- 9 -
.
AGENDA REPORT
Meeting of 4/25/89
Inc. - $2,248,000 from 1988 Revenue Bond- Water and Sewer
B. Award Bid- Police Study - Institute for Law and Justice, Inc.
- $22,228 with funding from Account No. 001-2111-521-32.11
(Police Administration- Staffing/Deployment Study).
C. Award Bid- Paramedic Rescue Vehicle - Emergency Vehicle
Fabricators, Inc. - $63,625 with funding from Account No.
001-2315-526-60.84 (Fire- EMS Operations Matching Grant -
$31,100); 001-2315-526-60.89 (Fire- EMS Operations Capital-
$7,500); 333-2311-522-60.89, 60.57, and 60.84 (1987 Utility Tax-
Fire- Capital - $21,525); and 115-0000-248-64.00 (Special
projects- Fire- Capital - $3,500).
- 10 -
,
[ITY DF DElRAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, f-LORlDA33444 407/243-7000
MEMORANDUM
TO: Mayor and City Commission
City Manager~ ....---;7
FROM:
SUBJECT: LINE OF CREDIT PROJECTS
DATE: April 25, 1989
The following have been identified as potential projects to be financed
by the line of credit:
Old School Square ./
1. $ 300,000./
2. Tennis Center 1,029,000.,/
3. E. Atlantic Avenue Phase II 830,000,,--_
4. Fire Station #2 450,000
5. City Hall Expansion 700,000;;'--
6. Allamanda Gardens 100,000
7. N. W. Drainage Project 700,000 /'
Total $4,109,000
Repayment will be over a five (5) year period, with the total amount
depending on the time and amount of the draw:
1. Old School Square $ 100,000 for 3 years General Fund
2. Tennis Center 1,029,000 From Sale of Land -
3. E. Atlantic Avenue Phase II 236,000 Diverted from W. Atlantic Ave
100,000 From CRA for 5 years _
94,000 Potential Interest Earnings
Utility/Beautification Bond
Issue
4. Fire Station #2 450,000 Sale of Land-Venetian and
Miramar
5. City Hall Expansion 140,000 For 5 years General Fund
6. Allamanda Gardens 100,000 General Fund 89/90
7. N. W. Drainage Project 700,000 Storm Water Utility Fees
FRS/WOB/nr
'2-7-
T~f= Fj::f=nPT AI\M.6V~ M 4TTi=R~
4
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[IT' DF LAA' BEA[H
100 N,W 1st AVENUE QELRAY BEACH FLORIDA 33444 407 :24:=.; .!','J
PROCLAMA TIOf\
WHEREAS, the well-being of our people depends upon the
production of ample supplies of food, fiber and other products of
the soil; and,
WHEREAS, the quality and quantity of these products
depend upon the conservation, wise and proper management of the
soil and water resources; and,
WHEREAS, protection of our surface waters from pollution
is dependent upon protection of soils from being blown or washed
into those waters; and,
WHEREAS, conservation districts provides a practical and
democratic organization through which landowners are taking the
initiative to conserve and make proper use of these resources;
and,
WHEREAS, the soil conservation movement is carrying
forward a program of soil and water conservation in cooperation
with numerous agencies and countless individuals,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, in full appreciation of the value of our
soil and water resources to the public welfare, and desiring to
honor those who protect those resources, do hereby proclaim April
30 - May 7, 1989, as
"SOIL AND WATER STEWARDSHIP WEEK"
in the City of Delray Beach, 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 25th day of April, 1989.
MAY 0 R
DOAK S. CAMPBELL
SEAL
vA
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F DELIAY BEA[H
100 NoW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 4117243-7000
PROCLAMA TIOf\
WHEREAS, the State of Israel is the homeland of the
Jewish people as well as a holy land to the Christian and Muslim
community; and,
WHEREAS, Israel has assumed a vital role in wor Id
affairs; and,
WHEREAS, the State of Israel rests on the foundations of
liberty, justice and peace; and,
WHEREAS, the Annual Israel Independence Day celebration,
sponsored by the South Palm Beach County Jewish Federation, the
Levis Jewish Community Center, local Synagogues and Organizations
serving Boca Raton, Delray Beach and Highland Beach, will be held
on May 7, 1989 from 12: 0 0 noon to 4: 0'0 P. M. ; and,
WHEREAS, the City Commission of the City of Delray
Beach, Florida, wishes to join with residents throughout South
Palm Beach County in commemorating this important occasion,
NOW, THEREFORE, I, DOAR S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim May 7, 1989, as
"ISRAEL INDEPENDENCE DAY"
in the City of Delray Beach and urge all citizens to join in the
activities planned to commemorate the State of Israel's
I independence.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Be ach , Florida, to be
affixed this 25th day of April, 1989.
MAY 0 R
DOAR S. CAMPBELL
SEAL
G,B
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[Iry DF DElAAY BEA[H
"-.:(' " ;'; . . .":'-J::;:.;UE DELRA'( B~':">"~ ;:;L..::JRIQA 33444 .c-;-
PRUCL-J.JIA no!v
,
WHEREAS, the Atlantic High School Eagle-Ette and Company
Dance Team has been in existence for the past 16 years; and,
WHEREAS, the Eagle-Ettes began their reign over the
state dance team titles in 1980 under the direction of Ms. Penni
Greenly and have held that title every year since 1980; and, I
WHEREAS, the Eagle-Ettes won their first national title
in 1982 in Dallas, Texas; and,
WHEREAS, the Eagle-Ettes continued to win national
titles in 1984, 1985, 1986 and in 1988; and,
WHEREAS, the Eagle-Ettes won 2nd place in the Interna-
tional Dance Team Competition in Tokyo, Japan in 1986; and,
WHEREAS, with the most recent national title won in
Dallas, Texas in March of 1989, the Eagle-Ettes were honored as
the best in Jazz, Novelty, Prop, Officers, and Ensemble; and,
WHEREAS, Ms. Laura Comas, Eagle-Ette director since
1982, and Penni Greenly, former director and now choreographer,
have led the Eagle-Ettes to State, National and International
titles; and,
WHEREAS, the Atlantic High School Eagle-Ettes have
brought pride and recognition to Atlantic High School and the City
of Delray Beach,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the Atlantic High
School Eagle-Ettes as honored Delray Beach citizens and congratu-
late them on winning their fourth national title.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 25th day of April, 1989.
MAY 0 R
DOAK S. CAMPBELL
SEAL
- ~Q.-
j," ,-
1/
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i
CITY F DELRAY BEA[H
_ 'J_
PRn(i, UJlff(;\
WHEREAS, Cystic Fibrosis is the number one genetic
killer of children and young adults in the United States: and,
WHEREAS, 30,000 Americans are victims of cystic
fibrosis: and,
WHEREAS, the Cystic Fibrosis Foundation was formed to
find a cure and a means of prevention and of con tro 1 of cystic
fibrosis: and,
WHEREAS, in order to increase public awareness and
understanding of cystic fibrosis, the Fort Lauderdale Regional
Office of the Cystic Fibrosis Foundation has arranged this event
to be put on annually: and,
WHEREAS, desperately needed funds will be generated from
the Great Strides walk-a-thon because of the support from celebri-
ties, corporations, businesses, volunteers and the general public,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim May 21, 1989, as
"GREAT STRIDES TO CURE CYSTIC FIBROSIS DAY"
and ask that all citizens of the community support this worthwhile
project.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to
be affixed this 25th day of April, 1989.
MAY 0 R
DOAK S. CAMPBELL
SEAL
~b
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OPD!NANCE NO. 22-89
AN ORDINANCE 0"' THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 9, " GENERAL
REGULATIONS", CHAPTER 96, "FIRE PREVENTION; FIRE
WORKS" , SECTION 96.04, "OPEN BURNING", OF THE CODE
OF ORDINANCES OF THE CIT! OF DELRAY BEACH, FLORIDA,
BY ENACTING A NEW SUBSECTION E, PROVIDING AN
EXCEPTION TO THE PROHIBITION FOR AIR CURTAIN
INCINERATORS; PROVIDING A :;ENER.~L REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CI'I"l COMMISSION OF THE
CITY OF DELRAY BF~CH. FLORIDA, AS FOLLOWS:
Section 1. That Title 9, "General Regulations", Chapt~r 96,
"Fire Prevention; Fire lVorks" , Section 96.04, "Open Burning", of the
Code of Ordinances of the City of Delray Beach, Florida be and the same
is hereby amended by enacting a new subsection (E) to read as follows:
(E) That the prohibition of open burning contained in Subsec-
tion A ;lbove shall not apply to the use of air curtain incinera-
tors, provided that such air curtain incinerator process has
received all of the necessary and applicable permits from other
governmental regulatory agencies with such jurisdiction, and
further subject to the express approval of the fire chief of the
Delray Beach Fire Department as to the issue of overall safety of
the property, in neighboring properties for the use of such a
procedure.
Section 3. That. all ord.inanccs or parts of ordi.nances which
are 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 deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become 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 ot , 1989.
MAYOR
ATTEST:
City Clerk
Fi.rst Reading
Second Reading
$ 7
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0RD1NANCE NO. 24-89
AN C'RDINANCE OF THE CITY COMMISSION OF THE CITY OF
DP.LRAY BEACH. FLORIDA, 1IM~ING TITLE XVII" "LAND
USAGE", CHAPTER 173, "ZONING CODE", "On-STREET
PARKING", SECTION 173.772, "DESIGN AND LANtlSCAPING",
SUBSECTION 173.772(B), "PARKING SURFACES AND
DRAINAGE", BY AMEllDING PARAGRAPH 173.772IB)11), TO
PROVIDE THAT PARKING LOTS AND PARKING SPACES FOR
HISTORIC SITES OR WITHIN HISTORIC DISTRICTS MAY BE
IMPROVED WITH SURFACE MATERIAL VJ.'lUiI( THAN. PAVEMENT,
'I'IHERE THERE ARE TWELVE OR LESS PARJaNG SPACES,
SUBJECT TO APPROVAL BY THE HISTORIC PRESERVATION
BOARD ; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COMMISSION OP THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Title XVII, "Land Usage", Chapter 173,
"Zoning Code" , "Off-Street Parking", Section 17.3.772, "Design and
Landscaping", Subsection 173.772(B), "Parking Surfaces and Drainage", of
the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby amended, by amending Paragraph 173.772IB)11), as follows:
(B) Parking Surfaces and Drainage.
(1 ) All parking lots and parking spaces, including car
atorage and display areas shall be improved either with a
paved surface meeting Engineering Department standards or
with a hard surface material (sucb as brick or turf block
on a base course laid in accordance with approved manu-
facturer's recommendations), or with some other type of
surface material acceptable to the City Engineer.
Parkin lots and arkin s aces on Historic Sites or
within Historic Districts ma be roved w th a surface
material other than avement where there are twelve or
less arkin s aces sub ect to a roval tbe Ristor c
Preservation Board.
Secti.on 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not effect the validity of the remainder hereof as whole
or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4 . That this ordinance shall become effective ten
(10) days upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
redding on this the day of , 1989.
MAYOR
ATTEST:
City Clerk
First Reading c:c
Second Reading
'_4 _ _______
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JP~TNANCE NO. 25-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND
USAGE", CHAPTER 173, "ZONING CODE", SECTION 173.060
"ABUSED SPOUSE RESIDENCE", SUBSECTION 173.060IC),
"SPECIAL REGULATIONS", SECTION 173.062, "ALCOHOL AND
DRUG ABUSE TREATMENT FACILITIES" , AND SECTION
173.066, "FOSTER HOMES AND GROUP HOMBS", SUBSECTION
173.066IH), "SPECIAL REGULATIONS", I)F THE CODE OJ!'
ORDINANCES OF THE CITY OJ!' DELRAY BEACH, FLORIDA BY
REPEALING P1.RAGRAPH 173.0601 C)( 2), SUBSECTION
173.062IE) AND PARAGRAPH 173.066(H)!2); TO PROVIDE
FOR. THE DELETION OF THE 1500' DISTANCE REQUIREMENTS
BETWEEN SOCIAL SERVICE FACILITIES; PROVlDING A
GENERAL REPEALER CLAUSE; PROVlDING A SAVING CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OJ!' DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", Section 173.060, "Abused Spouse Residence", Subsection
173.060IC), "Special Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, is hereby amended by repealing Paragraph
173.060(C)(2) in its entirety.
Section 2. That Title XVII. "Land Usage", Chapter 173,
"Zon~ng Code", Section 173.062, "Alcohol and Drug Abuse Treatment
Facilities", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by repealing Subsection 173.0621 E) in its
entirety.
Section 3. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", Section 173.066, "J!'oster Homes and Group Homes",
Subsection 173.066IH), "Special Regulations", of the Code of Ordinances
of the City of Delray Beach, J!'lorida, is hereby amended by repealing
Paragraph 173.066IH)(2) in its entirety.
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 deci-
sion shall not effect the validity of the remainder hereof as a whole or
d part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be the same and are hereby repealed.
Section 6. That this ordinance shall become effective
immediately on passage at second and ~inal reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1989.
~YOR
ATTEST:
City Clerk
First Reading
Second Reading cr
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: WALTER O. BARRY, MANAGER
~
VIA: FRANK R. SPENCE, DI ECTOR
DEVELOPMENT SERVICES GROUP
FROM: Q~~J~~~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
SECOND READING OF A ZONING TEXT AMENDMENT ORDINANCE
DELETING A DISTANCE REQUIREMENT FOR CERTAIN USES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Conunission is that of
approval on second readinq of an ordinance which
deletes a distance requirement of 1,500 feet between
certain uses.
BACKGROUND:
During first reading the Conunission asked whether or not the
affected uses are other-yise allowed by right (permitted) or as
conditional uses. The response is:
* Group Homes are allowed as both permitted and
conditional uses. Generally when inVOlving eight or
less individuals they are allowed by right. When eight
or more are so housed, conditional use approval is
required.
* Abused Spouse Facilities are allowed in the RM, RM-10
and more permissive districts as permitted uses.
* Alcohol and Drug Abuse Treatment Facilities are allowed
only as conditional uses in RM, RM-10 and more
permissive districts.
The above information is provided for background purposes.
RECOMMENDED ACTION:
By motion, approve ordinance 25-89 on second reading.
REF/DJK C/C:CCDIST.TXT
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ORDINANCE NO. 26-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS", CHAPTER 100, "NUISANCE~" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 100.08(A), "EXTERIOR BUILDING WALLS"; TO
PROVIDE FOR A CHANGE TO THE APPLICABILITY OF SAID
SECTION FROM "FRONT" TO "ANY" BUILDING WALLS; 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 Title IX, "General Re~lations", Chapter 100, " Nui.ances " ,
Section 100.08(A), of the Code of Ordinances of the City of Delray Beach, Florida, be
and the same is hereby amended to read as follows:
1100.08. EXTERIOR BUILDING WALLS.
(A) F~ Any building walls visible from the public rights-of-way shall be
maintained in a secure and attractive manner. All defective structural and decorative
elements of such building facade(s) shall be repaired or replaced in a workmanlike
manner, to match as closely as possible the original materials and construction of the
building. All exterior walls shall have all loose material removed and patching or
resurfacing shall be accomplished to match the existing or adjacent surfaces as to
materials, color, bond and joining. All cornices, trim, and window frames that are
damaged, sagging or otherwise deteriorated shall be repaired or replaced to be made
structurally sound and all exposed materials painted, stained or otherwise treated in a
consistent manner.
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 bl'! invalid.
Section 4. That this ordinance shall become 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 , 198 .
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MAYOR
ATTEST:
City Clerk
First Reading April 11. 1989
Second Reading
10
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C)~INANCE NO. 27-89
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
I DE:::.&\Y BEACH, FLORIDA ~~ING TITLE XIII, "GENERAL
OFFENSES", ADMINISTRATION AND ENFORCEMENT", CHAPTER
I 165, "UNSAFE BUILDINGS", SECTION 165.33,
, "INVESTIGATION; NOTICE" , BY AMENDING SUBSECTION
i
I 155.33(C), TO PROVIDE FOR MlVERTISEMENT OF NOTICES
OF HEARING FOR UNSAFE BUILDINGS, WHENEvER CERTIFIED
AND/ OR FIRST CLASS MAIL IS RETURNED UNCLAIMED OR IS
UNDELIVERABLE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
I
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
,
I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1. That Title XIII, "General Offenses,"
"Administration and Enforcement", Chapter 165, "Unsafe BUildings",
Section 165.33, "Investigation; Notice", of The Code of Ordinances of
theCity of Delray Beach, Florida, be, and the same is hereby amended by
amending Subsection 165.33(C), to read as follows:
(C) The notice shall be served either personally or by a
dual service of certified or registered mail, return receipt
requested, and postage paid first class mail to each person
required to receive notice at the address as it appears on the
off icial public records or any other address as is known by the
bUilding official to be the address of the record owners. If
addresses are not available on any person required to be served
the notice, the notice addressed to that person shall be mailed to
the address of the building or structure involved in the
proceedings. Notice to tenants shall be by posting the premises.
The failure of any person to receive notice, other than the owners
of record, shall not invalidate any proceedings ; under this
chapter. Service by certified or registered mail as herein
described shall be effective on the date the notice was received
as indicated on the return receipt. Where notice is not received
by certified or registered mail or personally, the notice shall be
effective the date cf first class mailing as described herein. I
Whenever such certified, registered, and/or first class mail is
returned unclaimed or is undeliverable, the City shall provide
notification of the Declaration of Unsafe BUilding by advertisement I
in a newspaper of eneral circulation in the Cit at least seven ,
(7 da s in advance of the hearin on the Notice of Unsafe
Building.
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 I
decision shall not affect the validi ty of the remainder hereof as a I
I
whole or part thereof other than the part declared to be invalid. i
I Section 4. That this ordinance shall become 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.
I
I NAYOR
ATTEST:
j
City Clerk II I
. I
First Reading
::~::,",nd Reading I
Ii
I
-
I
MEMORANDUM ,
TO: Walter O. Barry, City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
DATE: April 21, 1989
SUBJECT: Documentation - City Commission Meeting - April 25, 1989
Public Hearing (Continued) - Street Auction _ Old School Square
ACTION
City Commission is requested to continue the public hearing of
April 18, 1989 for the Old School Square Auction proposal and authorize
streets and alleys to be included in the auction.
BACKGROUND
City Commission conducted a public hearing on April 18, 1989 on the list
of streets and alleys to be included for the Old School Square Street
Auction' Fund Raising Proj ect. Commission agreed to remove Highland
Avenue from the list and requested thst the hearing be continued in orde~
to give the Commission additional time for review. Staff was directed to
. survey the proposed streets, identifying the number of residents and
businesses on the proposed streets. The survey is being conducted by Old
School Square staff and will be available st the meeting. Two additional
streets were requested for inclusion (N. E. 8th Street and S. E. 2nd
Avenue, south of Atlantic). These will be the subject of an additional
hearing when properly advertised and property owners are notified. A
copy of the proposed street list is attached.
RECOMMENDATION
Staff recommends Commission conduct the hearing and approve the list with
any deletions as determined by City Commission.
RAB/sfd
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MEMORANDUM
TO: Robert Barcinski, Asst. City Manager/Comm. Services
THRU: David M. Harvell, Director of Streets
FROM: Joseph Vashlishan, Parking Meter Technician
DATE: April 25, 1989
SUBJECT: AUCTIONED STREETS, AVENUES AND ALLEYS
l. Back of old Winn Dixie -
Back of Meisner Electric
Back of Ocean City Lumber RECEIVl:.u ,
Back of Powers Lounge
2 FPL Transformer Stations APR 2 5 89
2. Wallace car dealership COMMUNi-iV ScrWICE
FPL pole storage
Florida HRS
Closed up market/convenience store
25 residences
3. Avenue G is dirt from Frederick to Fed.
Does not go through to Dixie
2 businesses - Runs through Mazda and Executive Motorcar
4. No signs, but only road has 2 businesses
5. 3 businesses
6. 3 businesses
7. S.W. 18th Ave. - 2 businesses (l is Rinker)
8. Ave. F does not go through to Dixie
Is dirt road in real bad condition
3 boarded up residences
9. Nothing - ~ block long
10. 14 residences - single family homes
ll. Back of all businesses on south side of Atlantic, about 10
12. Backs of 3 businesses
13. 1 residence - Apt. on top of business
3 backs of businesses
Auctioned Streets
April 25, 1989
Page 2
M. Back of all stores on northside of Atlantic between 3rd and
5th Avenues - about 12
2 other businesses, backs on south side between 4th and 5th
1 residence at alley and 5th Avenue
15. 2 small-doctor office complex
1 small apartment complex
1 duplex
Suggested Streets, Avenues and Alleys
I. Railroad Avenue from E. Atlantic Avenue north to N. E. 2nd Street.
2. Germantown Road from Linton north to S.W. 10th Street.
3. Avenue G from Frederick Blvd. west to S. Dixie Hwy.
4. N.W. 3rd Street east of Congress (about 1 block).
5. N.W. 1st Street east of Congress (about 3 blocks).
6. S.W. 2nd Street east of Congress (about 1 block).
7. S.W. 18th Avenue south of Atlantic to Congress Ave. (about 1
block).
8. Avenue F from Federal Highway west to Dixie Boulevard.
9. S.W. 4th Street west to S.W. 27th Avenue (Woodlake Entrances).
10. Brandt Drive from the C-15 Canal north to Lindell.
II. Alley located between E. Atlantic Avenue and S.E. 1st Street, from
S.E. 3rd Avenue to S.E. 5th Avenue.
12. Alley located between N.E. 4th Avenue and N.E. 5th Avenue, from
behind the Arcade Tap Room to N.E. 1st Street.
13. Alley located between S.E. 4th Avenue and S.E. 5th Avenue, behind
the Library and Chamber of Commerce.
14. Alley located between E. Atlantic Avenue and N.E. 1st Street, from
the railroad to N.E. 5th Avenue.
15. N. Andrews Avenue between N.E. 8th Street and Pelican Lane.
*16. Highland Ave., east of Homewood Blvd. to Delray Golf Course.
*Commission agreed to remove from list, and requested that hearing be
continued, to give Commission additional time for review.
-
I
Streets, Avenues and Alle s
1. Railroad Avenue from E. Atlantic Avenue north to N. E. 2nd Street.
2. Germantown Road from Linton north to S.W. 10th Street.
3. Avenue G from Frederick Blvd. west to S. Dixie Hwy.
4. N.W. 3rd Street east of Congress (about 1 block).
5. N.W. 1st Street east of Congress (about 3 blocks).
6. S.W. 2nd Street east of Congress (about 1 block).
7. S.W. 18th Avenue south of Atlantic to Congress Ave. (about 1
block).
8. Avenue F from Federal Highway west to Dixie Boulevard.
9. S.W. 4th Street west to S.W. 27th Avenue (Woodlake Entrances).
10. Brandt Drive from the C-15 Canal north to Lindell.
11. Alley located between E. Atlantic Avenue and S.E. 1st Street, from
, S.E. 3rd Avenue to S.E. 5th Avenue.
12. Alley located between N.E. 4th Avenue and N.E. 5th Avenue, from
behind the Arcade Tap Room to N.E. 1st Street.
13. Alley located between S.E. 4th Avenue and S.E. 5th Avenue, behind
the Library and Chamber of Commerce.
14. Alley located between E. Atlantic Avenue and N.E. 1st Street, from
the railroad to N.E. 5th Avenue.
15. N. Andrews Avenue between N.E. 8th Street and Pelican Lane.
*16. Highland Ave., east of Homewood Blvd. to Delray Golf Course.
*Commi..ion agreed to remove from list, and requested that hearing be
continued, to give Commission additional time for review.
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I
, ORDINANCE NO. 28-89
I
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
I
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
I LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
! CITY: SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY
TRIAL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD,
APPROXIMATELY 2,750 FEET NORTH OF WEST ATLANTIC AVENUE:
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND: PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND: PROVIDING FOR THE ZONING THEREOF TO SAD (SPECIAL
ACTIVITIES) DISTRICT: GRANTING CONDITIONAL USE AND SITE
AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS,
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983",
PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING.
CLAUSE: PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Extra Closet, Ltd. is the fee-simple owner of the
~roperty hereinafter described: and,
WHEREAS, The Extra Closet, Ltd. has requested pursuant to
Agreement For Water Service dated July 1, 1986, and recorded in Official
Record Book 4956, Page 1594, which agreement was a covenant for
annexation running with the property hereinafter described, to have the
subject property annexed into the municipal limits of the City of Delray
Beach: and,
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limi ts of the City of Delray Beach, thus
making said petition for annexation effective at this time: and,
i WHEREAS, the designation of a zoning classification is part of
:1 the annexation proceeding, and provisions of City Code Section 173.886
have been followed in establishing the proposed zoning designation: ad,
,/ WHEREAS, the City of De lray Beach has heretofore been
I authorized to lands in accordance with Section 171. 044 of the
, annex
,
I Florida Statutes,
I
I NOW, THEREFORE, BE IT. ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said Ci ty the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The South 220 feet of the West 990 feet of the South Half
(S 1/2) of the Northwest Quarter (NW 1/4) of the
Northwest Quarter (NW 1/4) of Section 13, Township 46
South, Range 42 East, Palm Beach County, Florida.
The subject property is located on the east side of
Military Trail, between West Atlantic Avenue and Lake Ida
Road, approximately 2,750 feet north of West Atlantic
Avenue.
The above-described parcel contains a 5 acre parcel of
land, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above~described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
I $
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Section 3. That Section 173.886 of the Zoning Code has been
followed in the establishment of a zoning classification in this
ordinance and the tract of land hereinabove described is hereby decla~ed
to be in Zoning District SAD (Special Activities) as defined by existing
ordinances of the City of Delray Beach, Florida.
I Section 4. That pursuant to Section 173.631 SAD Special
Activities District "Uses Allowed, Approvals", approval for the subject
property described in Section 1, above,' is hereby granted for a Dry
Storage Facility in the form of a Mini-Warehouse.
I, Section 5. That the development of the property described in
~ Section 1 is to be in accordance with the approved site and development
:1 plans prepared by Kilday & Associates, as approved by the City
" Commission on September 23, 1986 and stamped approved under the
signature of Stan Weedon on November 10, 19867 all of which is
I incorporated by reference and made a part hereof and upon which the City
i has relied in granting this approval.
!, Section 6. That the Planning Director of said City shall, upon
I the effective date of this ordinance change the Zoning Map of Delray
, Beach, Florida, to conform with the provisions of Section 1, hereof.
i'
I Section 7. That the land hereinabove described shall immedi-
I ately become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be subjected and persons
residing thereon shall be deemed citizens of the City of Delray Beach.
Section 8. That this annexation of the subject property,
including adj acent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsihility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 9. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 10. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 11. 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.
I
MAYOR
ATTEST:
Cl.ty Clerk
First Reading
Second Reading
-2- Ord. No. 28-89
~
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: WALTER O. BARRY, CI
VIA: FRAN~ ~P~~ D
DEVELOPMENT SERVICES
FROM, Q~A~'~.'F:c~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
CONSIDERATION OF ANNEXATION ORDINANCE ON 1ST READING
THE "EXTRA CLOSET" ON MILITARY TRAIL
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Conunission is that of
approval on first readinq of an ordinance enactinq
anannexation with initial City zoninq of S.A.D..
The property is located inunediately north of the U.S.
Postal Service facility on Mili tary Trail. The
annexation is being process through the "calling-in" of
a water service agreement.
BACKGROUND:
A water service agreement was executed for this site in June,
1986. The agreement contained the standard annexation clause. At
the time of consideration of the agreement several other items
were required. These included: a) change of the Land Use Map
designation to Conunercial; b) amendment to GC zoning to
acconunodate "mini-storage units"; and then c) annexation. Item
"a" was complete4 however, item "b" was not and in fact such uses
are not acconunodated in the zoning code; thus, item "c" was not
pursued.
Recently the owners approached the Planning Department with
suggestions as to other uses. It was then that the above
situation came to light. The property is contiguous and is
eligible for annexation. Further, it is only half completed.
In order for the project to be completed as originally approved
(by the City Conunission through site plan approval associated
with the water service agreement) the only available zoning is
that of S.A.D.
Pursuant to City Conunission direction, steps are being taken to
call-in outstanding voluntary annexation agreements; thus, this
item is now before the Conunission for enactment. A complete
baCkground report is available for review in the City Manager's
Office.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at it's regular meeting of April
17th. There was no public conunent. The Board, on a unanimous
vote of 6-0, reconunended enactment of the annexation with S.A.D.
zoning based upon the use of mini-storage warehouse and tied to
previously approved site and development plan.
RECOMMENDED ACTION:
By motion, approve ordinance 28-89 on first reading and set a
public hearing for May 23, 1989.
Attachment:
Staff Report for Agenda Item IV.F., P&Z Meeting of April 17th
REF/DJK #43/A:CCCLOSET.TXT
PLANN I NG -
8 ZONlNi BOARD -
CITY OF DEL RAY EEACH
- STAFF REPORT
--- ---
tEETlI'G D=lTE: APRIL 17. 1989
AGeD=I ITEM: IV. F
CONSIDERATION OF ANNEXATION WITH INITIAL ZONING OF SAD (SPECIAL ACTIVITIES
I TEN: DISTRICT) FOR THE EXTRA CLOSET ON THE EAST SIDE OF MILITARY TRAIL. BETWEEN
W. ATLANTIC AVENUE AND LAKE IDA ROAD.
.
GENERAL DATA:
OWDer...........................Zbe ~. Cloeet. L~.
Appllout.......................V.lt.r ~ larzy, City lIaDa..r
C1l:1' of DIll"-1' -':b. Plodda
LocatlOD...........................~ aide of M111ear.r Trail,
...-.- v. AUuUc A_ ad
r.u. Ida 110M. ~l:el1'
2.750 fl:. DOnia of v. Al:l&DUc
A_.
~ _I ~ 1l8e...................5 Aazea
Clt:;r r....e - .1ul..............c (~n1&1J
~ ea.q. ___..........CG l~al ~)
.. - TI' C1l:1' ___............8AD 1__1al AcUYiU. DUU.l.Cl:)
M,aoeat. ---.................1Iaz1:b &ad ~ of tbe eub'-=t.
~ .I.a _ _ Uaall:.l.ple$
1'..11' _ll.l.ag D.I.aU.I.Cl:). Soul:la
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8K1atJ..ag LaDII UM...............Dzy .~... raa.1U~
ft~ ..4 LIDlI U.................__......
w.~ serwtce...................Ia18t1Dg aa-alee. wia ~ 12-
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~ Sel:Y1ae...................aa1.tiDg --a1't11..W1a 4- gra.1ty
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-
ORDINANCE NO. 29-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING.IN SECTION 13, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY
TRIAL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD,
APPROXIMATELY 2,240 FEET NORTH OF WEST ATLANTIC AVENUE;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO CF ( COMMUNITY
FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the United States Postal Service is the fee-simple
owner of the property hereinafter described, and,
WHEREAS, the United States Postal Service has requested
pursuant to Agreement For Water Service dated January 30, 1987, and
recorded in Official Record Book 5179, Page 0314, which agreement was a
covenant for annexation running with the property hereinafter described,
to have the subject property annexed into the municipal limits of the
City of Delray Beach; and,
WHEREAS, the subject property hereinafter described is now
contiguous to the corporate limits of the City of Delray Beach, thus
making said petition for annexation effective at this time; and,
WHEREAS, the designation of a zoning classification is part of
the annexation proceeding, and provisions of City Code Section 173.886
have been followed in establishing the proposed zoning designation; ad,
WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
The West 680 feet of the North One-Qua~ter (N 1/4) of the
Southwest One-Quarter (SW 1/4) of the Northwest
One-Quarter (NW 1/4) of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida.
Less additional right-of-way for Hi li tary Trail (State
Road 809) as deeded to Palm Beach .County in Official
Record Book 3467, Pages 1528 through 1530, in and for the
Public Records of Palm Beach County, Florida.
Subject to an easement to Florida Power and Light Company
as recorded in Official Record Book 2055, Pages 1095 and
1096, in and for the Public Records of Palm Beach County,
Florida.
IS-
V \...J_
The subject property is located on the east side of
Military Trail, between West Atlantic Avenue and Lake Ida
Road, approximately 2,240 feet north. of West Atlantic
Avenue.
The above-described parcel contains a 5.39 acre parcel of
land, more or less.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That Section 173.886 of the Zoning Code has been
followed in the establishment of a zoning classification in this
ordinance and the tract of land hereinabove described is hereby declared
to be in Zoning District CF (Community Facilities) as defined by
existing ordinances of the City of Delray Beach, Florida.
Section 4. That the land hereinabove described shall immedi-
ately become subject to all of the franchises, privileges, immunities,
debts, obligations, liabilities, ordinances and laws to which lands in
the City of Delray Beach are now or may be subjected and persons
residing thereon shall be deemed citizens of the City of Delray Beach.
Section 5. That this annexation of the subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for such
roads, alleys, or the like, unless otherwise specifically initiated by
the City pursuant to current requirements and conditions.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. 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.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 29-89
-
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: WALTE~~ ~~~A::
VIA: FRANK R. SPENCE, DI ECTOR
DEVELOPMENT SERVICES GROUP
c:J~ Vo0~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
CONSIDERATION OF ANNEXATION ORDINANCE ON 1ST READING
POST OFFICE ON MILITARY TRAIL
.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval on first reading of an ordinance enacting
anannexation with initial City zoninq of C.F..
The property is that of the U.S. Postal Service located
on Military Trail, north of Atlantic Avenue. The
annexation is being process through the "calling-in" of
a water service agreement.
BACKGROUND:
A water service agreement was executed for this site just prior
to the completion of construction of the post office facility.
This occurred in January, 1987. The agreement contained the
annexation clause. This property becomes contiguous, and hence
eligible for annexation, upon annexation of the property to
north. That annexation will occur immediately preceding this
annexation.
Pursuant to City Commission direction, steps are being taken to
call-in outstanding voluntary annexation agreements; thus, this
item is now before the Commission for enactment. A complete
background report is available for review in the City Manager's
Office.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at it's regular meeting of April
17th. The Board received a letter from the Postal Service in
which it accepted the fact of annexation but opposed zoning of
C.F. stating a desire to have a commercial designation. The
Board noted that the Land Use Plan designation was C.F. and that
zoning of C.F. was more reflective of the current use than would
be a commercial designation. The Board, on a unanimous vote of
6-0, then recommended enactment of the annexation with C.F.
zoning.
RECOMMENDED ACTION:
By motion, approve ordinance 29-89 on first reading and set a
public hearing for May 23, 1989.
Attachment:
Staff Report for Agenda Item IV.F., P&Z Meeting of April 17th
REF/DJK #43/A:CCPO
PLANNING ZONING -
8 EDRl --
CITY ~ OELRAY 8EAD-f
- STAFF REPORT
--- ---
fEET 11'16 ~ It:: APRIL 17, 1989
AGEtm ITEM: IV. F
CONSIDERATION OF ANNEXATION WITH INITIAL ZONING OF CF (COMMUNITY FACILITIES)
lTEH: FOR THE U.S. POST~eFFICE ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN W. ATLANTIC
AVENUE AND LAKE IDA KUAD.
@
GENERAL OATf!r :
CWaec...........................UD1ted Stae.. IIeta1 8ec91oe
Appllcaat... . . . . . . . . . . . . . . . . . . . .. Waltu o. 1aI'EJ'. Cltr IlaDager
dtJ' of DelnJ' ..... r1<<1d.11
LocaU_..........~............._t: a.lde of alltaz'7 ft'ail,
"to ... II. Atlaat1c __ aIId
L&Ila Xd.II ...... au '-talJ'
2.240 n. _ of II. AUutic
10_.
11:- ~ 11ae...................5.JI aaz..
,
Cltr r..t V. Ilaa....,.........CI ('C' Ie,. hoiUUeeI
IIUft18tr -:- tJ a.1at..........CS (lpIo1aU... ,. N1a11
~ _ml'. Clc, a.1at.....:......cr (- 'e,. rMtUUeeI
lld'_t a.1D9................._ of. tile .u,eac ~ 1.
fte -. ~. tlIa1aIl to ..
a. . vitia de,. ..u. of lAD
(SpMial Aat1Y1Uee 1lUU1ccl.
_tIa aIId _ 18 _ COuae,.
All (AI1'1cu1tval ..., ~~1lt1al
D1aU1CCI. "-t 18 .... COuatJ'
as (l1Dgla-ramlJ' "'1deat1all.
lxi.tlDl Land V.................ua1tad .taca. toat Off1oa
.1~1,.d Land U....................... ~
Watez' 8ez'y1oe...................aa1.at.1ag oa-.ita, W1a U. ~
Mia 1. ~tad _ tile _ .ida lTEM:ff f'
of IU.UtaI:!' fta11
.....E' .."ice.................. .la1au.g .._ita, Y1a ,. 9I'..1~ -
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ORDINANCE NO. 30-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OJ!' DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT IN RM-10 (MULTIPLE
J!'AMILY DWELLING) DISTRICT !!'OR ALL OJ!' LINTON
LAD, ACCORDING TO THE PLAT THEREOJ!' , AS
RECORDED IN PLAT BOOK 58, PAGES 40, 41 AND
42, OJ!' THE PUBLIC RECORDS OJ!' PALM BEACH
COUNTY, FLORIDA, SAID LAND IS LOCATED ON THE
SOUTH SIDE OJ!' LINTON BOULEVARD, BETWEEN
CONGRESS AVENUE AND THE E-4 CANAL, AND
AMENDING .ZONING MAP OJ!' DELRAY BEACH, FLORI-
DA, 1983., PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, PROVIDING
AN EJ!'FECTlVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OJ!' DELRAY BEACH, FLORIDA, AS !!'OLLOWS:
Section 1. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the RM-10 (Multiple Family Dwellinq) District as defined in
Chapter 173 of the Code of Ordinances of the City of Delray
Beach, Florida, to-wit:
All of LINTON LAD, accordinq to the Plat
thereof, as recorded in Plat Book 58, paqes
40, 41 and 42, of the Public Records of Palm
Beach County, Florida.
The subject property is located on the south
side of Linton Boulevard, between Congress
Avenue and the &-4 Canal.
The above described parcel contains a 57.568
acre parcel of land, more or less.
Section 2. That the Planninq Director of said City
shall, upon the effective date of this ordinance, change the
Zoninq 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.
Section 5. That this ordinance shall become effective
immediately upon passaqe on second and final reading.
PASSED AND ADOPTED in re9'11lar session on second and
final reading on this the day Qf , 1989.
MAYOR
ATTEST:
City Clerk I {p
First Reading
Second Reading
.
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CITY COMMISSION DOC U M E .N TAT ION
TO: WALTER O. BARRY, CITY
~4
VIA: FRANK R. SPENCE, DI
DEVELOPMENT SERVICES
Oeu--J J ~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
FIRST READING OF A REZONING ORDINANCE
LINTON LAKES (MINTO) FROM POC TO RM-10
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Conunission is that of
approval on first reading of an ordinance rezoninq
57 acres of land from Planned Office Center to Multiple
Familv Residential (RM-10).
The property is located at the southwest corner of
Congress Avenue and Linton Boulevard.
BACKGROUND:
Over one half of this site is currently developed for mUltiple
family housing (Springs Landing) . The success of that
development has prompted the owners to continue the concept to
the balance of the site. The change in zoning is required in
order to build the entire site out in a residential manner. The
impact of the rezoning will be to exchange the development
potential from a 325,000 sq.ft. office complex to a 300 unit
mUltiple family housing development. A site plan submission
will follow action on the rezoning request. A sketch plan was
provided for illustrative purposes. Please see the full staff
report for more details on the project background, the analysis
of the rezone request, and conunents on the proposed development
concept.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at a dUly noticed pUblic hearing
held on April 17th. In addition to the applicant, two residents
spoke. Sam Schwinuner representing area development provided
support for the change provided that the balance of the project
reflected the quality and character of the existing development.
Art Jackel cautioned the Board "to think hard" and warned that a
future request to Change to conunercial would be opposed. The
Board, on a vote of 5-1, reconunended approval of the requested
rezoning.
RECOMMENDED ACTION:
By motion, approve ordinance 30-89 on first reading and set a
public hearing for May 9, 1989.
Attachment:
Staff Report for Agenda Item IV.D., P&Z Meeting of April 17th
REF/DJK*4l/CCMINTO.TXT
--
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH -
--- STfFF REPORT ---
~ETING D=lTE: APRIL 17. 1989
AGeO=I ITEM: IV. D
CONSIDERATION OF REZONING FROM POC TO RM-I0 FOR LINTON LAKES lION THE SOUTH SIDE
lTEM:OF LINTON BOULEVARD. BETWEEN CONGRESS AVENUE AND THE E-4 CANAL.
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GENERAL DATA:
~..........;.....;-................ ".11 A _ ....i*.. 1M.
AIIat...........................~a1I I. ~
LeDa~............................. ~ 01 ~ 11....
-- --.--...
~.
I.-.-IL. 81.....................5'.111 .....
CltF ~ .... .1aa................ .~ _floe ...
~_a__'.
-.c_.~ c&~ -..,............IIDC .~ .,... c..e..
... I ca.. -.................1.. '1IIl~..u., ...w..,
_"'1
~ -....................-... - ~ ... t;,- 18
- _U laI~t"', ft.4ll1
=:_1--
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_ioo__U__.
_ioo_YI~
.. l..JaI'__ioo_
....1.. Cn...e -. . I.t
-, -,.
~ ~ DIe...............l..C7 ..... .a__ 201 ..aca,
17.H_ioo~r.ue_
1'." __ ... .- ......
~- II .... ...................~ 2M al~f..a.1J'
,....... ...'1 .... _........
11."_
~... 1ecYIoe...................1aiati8I 12- ~tec ~ 100aeet
- - - -- ., -..... _.
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M. Iaiati8I 1.. __ iooM_ _
----.,-_. lTeM~
~ 111 ....... .. _ .. ..... _
.... "_ I 1.... __ ., __
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SectIon IV. Comparison 01 Rnonlna1mpacts
Trip Generation
The analysis of the impact of the proposed rezonina is based on a comparilOD of sile
lenerated traffic. The currently approved land use mix includes 200 multi.family
dwellinl units and 325.000 square feet of office space. The rezoniJll eliminates the
OfrlCC use, Proposinl 296 additional multi.family llllitl. creatinl a residential only use
on the Linton La1ces n sileo
Table 6 presents a comparison of the two land use development mixes to indicale the
difference in ttip leneration propensity. The analysis is bued on the ttip aeneration
equations provided in the 4th Edition of the ITE Trip Generation ManuaL . .
Table 6. ComparadYe Trlp C.-n.... ~ ,
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Laad Use SIae (X) Ualt I
I
App"",elI:
0Ifk:e 32.5.000 Sqft 1n(T)-.75 1n(X) + 3.77 3.320 480 72 15 439
MF Residential 200 DU's InW In~ + 2.6 1.153 15 81 75 37
Total Appnmd Site un Tripi: 4,473 495 153 161 476
Proposed:
MF Residential
Reductloa from ApproYed: 1.99' 464 .. .1 3M
(45")
np
Table 6 shows dw the proposed rezoninl will reduce site lenerated traffIC by almost
2.000 vpcI and by more than 450 ttips and 390 ttips durinl the AM and PM peak hour
periods respectively. Note that althoup the ttip leneration analysis included in the
approved revised traffic study (June 1986) is bued on the 3nl Edition of the 1TE Trip
Generation Manual, a recalculation of the analysis shown on Table 6 with the 3nl
Edition rates results in simil. tindinlS.
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Table 7 providea a comparison of the I'OIdway links immediate to the Linton Lakes U
site. The Table shows that approved traffic may be reduced by as much as 1.000 vpel
on Linton Boulevanl east of the project site entrance.
Table 7. Project Aul.....t Co.........
ROIId Loutlo.
Linl&lll BlwI NW 2nd AWl 10 I.9S 62A 494 .\
1.9' 10 eon.... Ave 2,164 1.207 .9'
eoa.... Ave 10 Site EDt 2.OlII 993 .1.07'
Site EDt 10 Dowr Rd 864 791 .73
Dowr Rd 10 MiUaary Tr 672 , .82
\.9' N of Allanlic Blvd S78 -43
Allanlic Ave 10 Linl&lll Blvd '78 .384
. Lintoa Blvd 10 Y8IIIIIO Rd 962 -443
SofY_Rd 722 .307 "
'I
CllIIpUI Ave N of Atlantic Ave \92 I
Allanlic Ave 10 Linl&lll Blvd 480 I
Linl&lll Blvd 10 Site Eat 668
Site Eat 10 Clint Moen Rd 960
C. Moen Rd 10 Yamato Rd 288
The approved development apamen\, based on the 200 multi. family unit and 32S.000
square feet of office space development mix, required the Linton Lakes development to
improve Linton Boulevanl west of Congress Avenue The proposed rezoning of the
office use to residential and the acceleration of project buildou\, shows this link will
not require improvement at project buildout. Table S. on page 10. shows the link
operatiJl. It LOS "C" in 1990 IDd Table 7 above shows a reduction of 1,07S trips on
this 6Dk u a ftlIUlt of the rezoninl.
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ORDINANCB NO. 31-89
AN ORDINANCE OF THE CITY COMMISSION OF THB i
CITY OF DELRAY BEACH, FLORIDA, REZONING AND i
PLACING LAND PRESENTLY ZONED RH (MEDIUM HIGH
TO HIGH DENSITY DWELLING) DISTRICT IN RO
(RESIDENTIAL OFFICE) DISTRICT FOR LOTS 9 AND
10, BLOCK 5, SILVER TBRRACB, ACCORDING TO THE
PLAT THEREOF RECORDBD IN PLAT BOOK 11, PAGB
61, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, SAID LAND IS LOCATED ON THB
SOUTH SIDE OF S.E. 10TH STREET, BETWEEN PARK
AVENUE AND MIAMI BOULEVARD , AND AMENDING
.ZONING MAP OF DBLRAY BEACH, FLORIDA, 1983.,
PROVIDING A GENERAL REPEALER CLAUSB, PROVID-
ING A SAVING CLAUSB, PROVIDING AN EFFECTIVE
DATE. I
,
NOW, THEREFORE, BB IT ORDAINED BY THE CITY COMMISSION ,
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the following described property in
the City of Delray Beach, Florida, is hereby rezoned and placed
in the RO (Residential Office) District as defined in Chapter 173
of the Code of Ordinances of the City of Delray Beach, Florida,
to-wit:
Lots 9 and 10, Block 5, SILVER TBRRACE,
according to the Plat thereof recorded in
Plat Book 11, Page 61, of the Public Records
of Palm Beach County, Florida.
The subject property is located on the south
side of S.E. 10th Street, between Park Avenue
and Miami Boulevard.
The above described parcel contains a 0.30
acre parcel of land, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, change the
Zoning Map of Delray Beach, Florida, to conform with the provi-
sions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
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.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading 17
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C I T Y COMMISSION DOCUMENTATION
TO: WALT~Y~C~AG~;~
VIA: FRANK R. SPENCE, DIRECTOR
~LOPMENT SERVICES GROUP
cWl~ ~U~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
FIRST READING OF A REZONING ORDINANCE
A PARCEL IN SILVER TERRACE FROM RH TO RO
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Conunission is that of
approval on first readinq of an ordinance rezoning
a .3 acre parcel from High Density Residential to
Residential Office (RO).
The property is located on the south side of SE 10th
Street between Park Avenue and Miami Boulevard.
BACKGROUND:
This rezoning action is requested in order to acconunodate
a business office and counseling office(s) along with permitted
uses allowed in residential zone districts. The area was annexed
to the City through the Enclave Act. The current use of the
property is for hOUSing in a duplex. Please refer to the staff
report for more baCkground and an analysis of the rezoning
request.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at a duly noticed public hearing
held on April 17th. June Carr, activist from the Silver Terrace
area was supportive of the rezoning and suggested that the entire
subdivision be so zoned. The Board, on a ~ unanimous vote of
5-0, recommended approval of the requested rezoning.
RECOMMENDED ACTION:
By motion, approve ordinance 31-89 on first reading and set a
public hearing for May 9. 1989.
Attachment:
Staff Report for Agenda Item IV.E.. P&Z Meeting of April 17th
REF/DJK#41/CCSILVER.TXT
--
PL~ING 8 ZONING BOARD -
CITY OF OELRAY 8ER:H
--- STAFF REPORT ---
"EEl IIIG ~l t:: April 17, 1989
AGBOI 11'9f: IV. E
ITEM: SILVER TERRACE ~EZONING. RH to RO
GENERAL DATA:
OwDe~...........................~Ol. L. IurDa
~t...........................~1d I. aalpb
Locat1on........................SOUtbwe8t COCDer of S.I. 10th
S_t .... 111.... .....levard.
be_ 111.... lcNlevard .... Park
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~ Sl.....................13,277 Sq. ft. (.30 Aa~.) I
Clt)' LuI4 11_ P1a............. ....-. llIa1t1-1'....1y 111_ _1tyl
~ C1t)' -.-.............. '___111_ to 111_ _1ty
ow.l11Dg D1.tz1ctl
~ C1t)' -.-............10 ,..8iMntj,&1 Off.... Dutzlc:t'
Ad,....t -.-............... ..Ilonll of tile .1III'eot p~ny 18
-..- a-lA 'S1II91.-1'....11'
ow.l11119 D1etr1ct I. SOUtll....t
.... wet 1. ...- ...
Ixi.ttng LuI4 u..................\ _1081. f....ly re.1deaot .
11189&111' .ubdlvlded lDto 2 UDl..
Propo&ed L&Dd 1I.................Clvlc .ctlvltl.. lnclud1ag &buoed
apouae r..idenc:. aDd ~t
mother. ..rvlc.. wlt~ attendaAt
offic.. for "alrthllDe" &ad
.".peat for Lif.".
Watar ..nlce...................CX1.t.1R9 I" Water _11l 1. loca~
on tll. norcll .1d. of S.E. lOtll
Str..t. T&pplO8 ll1to ,. 81D
wll1 rllq\llr. ,.......... 1lor1Jl9 ITEM: 117 f
under S.E. lOtll Street.
....r ..rYloo...................Exl.tlft9 oo-.lt. I
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hereon ref.r to
Ilatlonal Geodetic _
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.. : ~.-o. "-- . ..
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... t1 I
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~...,... .8~""'er a..v_ ~ 1#7.?2:X/
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, LIT....~ID eut,'i. SilVER TERRACE; aCCOrding to the plat thereof recorded In Plat Book 11.
' Page 61. of..,tht Public Records of Palm Beach County. Florida.
Cb~bN'7//'J3 /.!'.:!.77:?aJ~ ~~A?~ ar/~
IUnsJoao. C8ftrnCA'I'I1
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....... u ~ .... ~ N .. "1' 01' ou. ........ .... "&olaF M
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1ft ... hi .. u_... ....,.. II' 'IW I'IoOUM .... 0i1 .... ............
......... '" PIoOUDA ''I'AftII: "2..". ...,.. JtO MOVI __ DC.....,..
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ORDINANCE NO. 32-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
17, wLAND USEw, CHAPTER 173, wZONING CODEw,
SECTION 173.001, wDEFINITIONSw, OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ENACTING A NEW SUBSECTION wDE-
PARTMENT STOREw TO PROVIDE A DEFINITION FOR
SAID USE, AND FURTHER AMENDING TITLE 17,
wLAND USEw, CHAPTER 173, wZONING CODEw, wLC
LIMITED COMMERCIAL DISTRICTw, SECTION
173.556, wPERMITTED USESw, SUBSECTION (B), OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY LIMITING DEPARTMENT STORES
TO 20,000 SQUARE FEET OR LESS, PROVIDING A
GENERAL REPEALER CLAUSE, PROVIDING A SAVING I
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 Title 17, wLand Usew, Chapter 173,
WZoning Codew, Section 173.001, wDefinitionsw, of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by enacting a n_ subsection, wDepartment
Storew, to read as follows:
wDEPARTMENT STORE. W A retail establishment
conducted within one building and which I
provides for the sale of specialty items
(e.g. hardware, clothing, toys, auto accesso-
ries, kitchen/bath accessories, appliances,
cards, etc.) in individual departments which,
generally, have a separate cashier. However,
a central cashier system may be used. This
definition does not preclude the sale of
specialty items on an incidental basis in a
general retail establishment, nor does it
apply to a retail establishment of less than
5,000 square feet.
Section 2. That Title 17, wLand Usew, Chapter 173,
WZoning Codew, wLC Limited Commercial DistrictW, Section 173.556,
wPermitted Usesw, Subsection (B), of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) The following are permitted uses in the
LC District:
Antiques
Art galleries, supplies and crafts
Auctions
Bakeries
Barbershops
Bath shops
Beauty shops
Bookstores
Broadcasting studios
Business machine., including service
Business offices
Caterers
Cheese shop.
Confectioneries
Cosmetics
Delicatessens
Department stores, of 20,000 square feet 1 ~
or less U
,
--
Draperies and slipcovers
Drugstores
Dry cleaning, limited to 1,500 square
feet, customer pick-up only
Dry cleaning pick-up stations
Exercise facilities
Fabric stores
Family day care as defined in Sec.
173.001
Financial institutions, including
drive-in facilities
Florists
Food stores
Gift shops
Health foods
Hearing aids
Hobby shops I
Home furnishings
Ice cream parlors .
Import shops
Interior decorator shops
Jewelers
Leather goods
Libraries
Luggage
Multiple-family projects or dwelling
units, not exceeding 50\ of the gross
floor area, in conjunction with
commercial purposes consistent with
this district. These projects shall
comply with the district regulations
for the RM-15 District, except for
setbacks and height which shall be as
specified in this District, and are
subject to site and development plan
approval (see Sections 173.865 through
173.870)
Museums
Music shops
Newsstands
Optical equipment
Parking lots and parking garages
Photographic equipment and supplies
Photographic studios
Professional offices
Restaurants
Sewing supplies
Single-family residences located on the
same parcel of land as the commercial
use
Sporting goods
Stationery
Tailoring
Tobacconists
Toy shops
Travel agencies
TV sales and repair
Wearing apparel and accessories for men,
women and children
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 canpetent 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.
. 2 - Ord. No. 32-89
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Section S. 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.
MAYOR
ATTEST:
City Clerk
First Read'ing
Second Reading
-
- 3 - Ord. No. 32 - 89
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: WALTER O. BARRY, ,~~~=R
VIA: F~;{ 'SP1.N;{ DIRECTOR
DEVELOPMENT SERVICES GROUP
FROM: ~YO~~~ECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
FIRST READING OF A ZONING TEXT AMENDMENT ORDINANCE
DEFINITION OF DEPARTMENT STORE. MODIFICATION TO L.C.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval on first readinq of an ordinance chanqinq
the code to define "department store" and limiting
such use to 20.000 Sq. ft. within the LC zone district.
BACKGROUND:
This ordinance was prepared at the direction of the Commission in
response to citizen concerns about the intensity of use allowed
in the L.C. zone district.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item previously and reconunended that
more substantial changes be enacted. However during worksession
revie~ the Commission scaled the change back to that which is now
before you.
RECOMMENDED ACTION:
By motion, approve ordinance 32-89 on first reading and set a
public hearing for May 9, 1989.
REF /DJKI141! CCLC . TXT
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ORDINANCE NO. ~ -~ !r
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF O'~
DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING
REGULATIONS", CHAPTER 162, "SIGNS AND BILLBOARDS",
"PERMITTED SIGNS; REGULATIONS", SECTION 162.035,
"SIGNS PERMITTED AND REGULATED IN ZONING DISTRICTS".
SUBSECTION (F), "COMMERCIAL DISTRICTS", SUB-SUBSEC-
TION (1), "SHOPPING CENTERS ONLY", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY ENACTING A
NEW SUB-SUB-SUBSECTION (C) TO ALLOW FOR SIGNS IN A
BREEZEWAY AND SETTING FORTH THE CRITERIA FOR SUCH
SIGN; 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 Title 15, "Building Regulations", Chapter
162, "Signs and Billboards", "Permitted Signs; Regulations", Section
162.035, "Signs Permitted and Regulated in Zoning Districts", Subsection
IF), "Conunercial Districts", Sub-Subsection (1), "Shopping Centers Only"
of the Code of Ordinances of the City of Delray Beach, Florida be in
same is hereby amended by enacting a new sub-sub-subsection (c) to be
Section l62.035(F)(1)(c) to read as follows:
(e) In Shopping centers which contain a breezeway, each unit
of the shopping center located within a breezeway shall be allowed
one sign in lieu of the permitted wall sign upon the following
terms and conditions:
1. The in lieu of sign for each unit within a breezeway
shall be located at the front entrance of the breezeway;
2. The sign face shall not exceed 10 square feet.
3. This paragraph (c) shall not be applicable to any
enclosed mall;
4. Notwithstanding any other provisions in this Chapter 162,
the additional signage permitted herein shall not be
construed to be an off-premise sign or any other type of
sign which might otherwise be prohibited under this
Chapter 162.
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 or the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become 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.
r<'..A YOR
ATTEST:
City Clerk
First Reading
Second Reading
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ORDINANCE NO. '~7/.xq f)
'7 c .
A! . ORDINANCE OF THE CITY COMMISSION OF CITY OF
AY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING
TIONS", CHAPTER 162, "SIGNS AND ILLBOARDS",
TTED SIGNS; REGULATIONS", SECT ON 162.035,
PERMITTED AND REGULATED IN ZONI DISTRICTS",
SUBSE ION (F) , "COMMERCIAL DISTRICTS' , SUB-SUBSEC-
TION ( ) , "SHOPPING CENTERS ONLY" , THE CODE OF
ORDINAN ES OF THE CITY OF DELRAY BEA BY ENACTING A
NEW SUB- UB-SUBSECTION (c) TO ALLOW OR SIGNS AT THE
ENTRANCE OF A BREEZEWAY AND SE ING FORTH THE
CRITERIA OR SUCH SIGN; PROVIDING GENERAL REPEALER
CLAUSE; P OVIDING A SAVING CLA SE; PROVIDING AN
EFFECTIVE TE.
NOW, THEREF , BE IT ORDAINED Y THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, LORIDA, AS FOLLOW :
Section l. at Title 15, 'Building Regulations", Chapter
162, "Signs and Billbo rds", "Permit ed Signs; Regulations", Section
162.035, "Signs Permitte and Regulate in Zoning Districts", Subsection
(F) , "Conuncrcial District It, Sub-Subs ction (1), "Shopping Centers Only"
of the Code of Ordinance of the C' y of Delray Beach. Florida be in
same is hereby amended by enacting a new sub-sub-subsection (c) to be
Section l62.035(F)(1)(c) to read as follows:
(e) In add.ition, centers where the minimum
acreage of six (6) acre ea h unit of the shopping center located
within a breezeway shall e allowed one breeze sign in lieu of the
permitted flat wall sign n the fOllowing terms and condit.ions:
l. The in lieu of ign for each unit within a breezeway
shall be locate t the front entrance of the breezeway;
2. The sign face not exceed 10 square feet.
3. The sign sh 11 above the entrance to the
breezeway;
4. (c) not be applicable to any
5. Notwiths nding provisions in this Chapter 162,
the add' ional s~gnage ermitted herein shall not be
constru to be an off-pr mise sign or any other type of
sign w ich might otherw se be prohibited under this
Chapte 162.
Section 2.. That all ordinances of ordinances which
are in conflict her ith are hereby repeale
Section . That should any see ion or provision of this
ordinance or any rtion thereof, any parag aph, sentence, or word be
declared by a c t of competent jurisdic ' on to be invalid, such
decision shall n affect the validity or t e remainder hereof as a
whole or part the eof other than the part decla ed to be invalid.
4. That this ordinance shaI become effective ten
(10) days ts passage on second and final r ading.
PASS AND ADOPTED in regular n second and final
reading on thi the day of ., 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
[ITY DF DELRAY BEA[H
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CITY ATTORNEY'S OFFICE 3\05.1'. I" STRFFT. StllTF 4 DFl.RAY BEACH. FLORIDA 33483 305/243-7090
MEMORANDUM
Date: April 6, 1989
To; City Commission
From: Jeffrey S. Kurtz, Assistant City Attorney
Subject: Breezeway Signs
At a recent: City Conunission meeting based on. the request of
Roger Saberson representing Boca Ray Plaza, the City COlllllission
directed staff to prepare an ordinance allowing breezeway signs
to exist above the breezeway at the Boca Ray Plaza. Since that
time period, Paul Farber has contacted our office and indicated
that he had a problem with some s.igns that were deemed to be
illegal. They were illegal because they were Off-premise signs
located within a breezeway in his shopping center located at
1122 East Atlantic Avenue. He has requested relief to allow
his signs to remain, and therefore there are two breezeway sign
ordinances for your consideration.
The first, because of the minimum area requirement of 6 acres
and the requirement that the signs be located at the entrance
of the breezeway and above the breezeway, would permit the Boca
Ray breezeway signs but preclUde the Farber signs. The other
ordinance would allow the breezeway signs regardless of minimum
area or location of the breezeway signs and therefore would
apply to both the Boca Ray Pla~a and the Farber situations.
These ordinances will be placed on your April 25, 1989 agenda.
for first reading fOllowing the Conununity Appearance Board 's
conunents on the ordinances on April 1.2.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
W::b
C~: Walter o. Barry, City Managerv!
Frank Spence, Director of Development Services
Lula Butler, Director of Conununity Improvement
Joyce Desormeau, Sign/License Inspector
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mY DF DElllAY BEA~ ""...,
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CITY AnORNEY'S OFFICE 310 S.E. 1st STR~ET, SlIlTE4 DELRAY BEACH, PLQRIDA 33483 305/243.7090
:~pr il 5, 1989
Roger G. Saberson, Esq.
Delray Executive Ma~~
110 East At~antic Avenue
Delray Beach, Florida 33444
Subject: Breezeway Signs
~ear Roger:
Enclosed please find the two proposed breezeway ordinances. As
I explained to you, Paul Farber, who owns ~he shopping center
located at 1122 East Atlantic Avenue, has a breezeway in which
there are two illega~ signs. The second ordinance would permit
both his shopping centers in the Boca Ray Plaza to have such
signs. It is anticipated that the Community Appearance Board
will comment on these ordinances at their regularly scheduled
meeting of April 12 and then it wi~l be placed on the City
Commission agenda for their consideration on first reading on
April 25.
If you should have any questions concerning thi.s matter. please
do not hesitate to contact me.
Sincerely,
By:
JSK:sh
Enclosures
cc: Walter O. Barry, City Managervl
Frank Spence, Director of Development Services
Lu~a Butler, Director of Conununity Improvement
Joyce Desmoreau, Sign/Licence Inspector
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[ITY DF DELIAY BEA[H~; .'
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CITY ATTORNEY'S OFFICE ___.,_~,....t,'" ~;:f-:"1~ '~'^' j~':t~~!:;:'~l 0; ~~
310 S.E. 1st STREET. SUITE. DELRAY BEACH, I'LORIDA ))483 )05/24)-7090
:\pril 6, 1989
Paul Farber
1122 East Atlantic Avenue
Delray Beach, Florida 33444
Subject: Breezeway Siqns
Dear Mr. Farber:
Pursuant to my conversation with your son and viewing the
premises at 1122 E.ast Atlantic Avenue, I have prepared the
enclosed ordinance for the Commission's consideration on April
25, 1989.
As I explained to you and your son, the City Commission had
previously given us direction to allow breezeway signage at the
Boca Ray Plaza and staff had done so in conjunction with the
representatives of Boca Ray Plaza. That ordinance, which is
also enclosed, would not apply to your situati.on since it calls
for the shopping center to have a minimum size of 6 acres and
the breezeway signs are to be located above the breezeway at
its front entrance.
Bol:h these ordinances will be commented upon by the Community
Appearance Board on April 12, 1989. Should you have any
questions concerning this matter, please do not hesitate to
contact our office.
Sincerely,
By:
Jef
Ass
JSK:sh
Enclosures
cc: Walter O. Barry, City Manager~
Frank Spence, Director of Development Services
Lula Butler, Director of Community Improvement
Joyce Desormeau., Sign/License Inspector
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MEMORANDUM
TO: City CODDDission
FROM: Civil Service Board
SUBJECT: VACANCY ON BOARD I
DATE: April 14. 1989
The term of Milford Ross will expire on April 1. 1989. He wu
originally appointed to serve on January 1984. Purauant to COIDbdon
Policy. it does not appear that he is eligible for reappointment. .
Therefore. a vacancy will exist on the Civil Service Board. ~ .~
,
Your attention to this matter will be greatly appreciated. , ~
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LEO KIERSTEIN. Chairman
Civil Service Board ~~~
lamb
ee: City Manager
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BOARD APPLICATIONS
UPDATED MARCH 31, 1989
BOARDS
DATE
APPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB p&
10/87 RETT TALBOT X
11/87 NORMAN B. RADIN X
11/87 MADELINE PULITANO X
11/87 JEAN BEER A X
2/88 SAMUEL M. DeOTO A X
4/88 HELENE S. EGELMAN X
4/88 MATTHEW GRACEY, JR. A X
5/88 LORRAINE KASPER X
5~88 HUGH B. GAGE X X
5/88 CHRISTINE B. BULL X
5/88 K. WAYNE CAMPBELL X
5/88 CATHERINE G. NEWKERK X X
5/88 DAVID B. KLARER A X
5/88 EDITH JENNINGS X
5/88 JON R. LEVINSON X
5/88 KATHRYNE B. STOKES X
6/88 ANITA DEUTSCH Any Boarc
6/88 SCOTT C. BECHTLE Any Boarc
6/88 MILDRED SCHERER X
6/88 DESIREE L. SNYDER X
6/88 SANDRA W. ALMY A X X X
6/88 MARK L. KRALL X X X
6/88 MARY W. HAUSSERMANN X
6/88 CONNIE MACKENZIE X X
6/88 LARRY BILLION X
6/88 JAY FELNER X
6/88 RITA NARON X
6/88 JANE L. MINTER X
6/88 LARRY M. SCHNEIDER A X
(Reapplied for P&Z - , /89
7/88 ALICE FINST X A X
7/88 MARY BANTING X
X = Board applied for
A = Appointment to Board
DATE
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APPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB PI
7/88 DEBORA T. OSTER X
7/88 LILLIAN FELDMAN X
7/88 DERI JOY RONIS X
7/88 MURRAY SOHMER X X
7/88 SANDRA K. NORTON X
7/88 LEONARD SYROP X
8/88 SAM SCHWIMER X
8/88 CAROL FOSTER X
8/88 ROBERT H. MOORE X
8/88 LEONARD B. MITCHELL A . X
10/88 CHARLES E. TOTH X X A X X
10/88 ROBERT P. FERRELL A
12/88 SHARON BUSH X
1189 H. RIC ZAZZI X
3/89 DAVID HENNINGER X X
3/89 DIANE L. DeMARCO X
3/89 DARRELL D. RIPPETEAU X
3/89 P. RICHARD BRAUTIGAN X X X X
3/89 ROBERT G. CURRIE X
3/89 RICHARD A. MILDNER A
3/89 JUNE HENLEY X
3/89 THOMAS G. PURDO X X
4/89 STANLEY WATSKY X
X = Board applied for
A = Appointment to Board
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METROPOLITAN PLANNING ORGANIZATION
.
OF
PALM BEACH COUNTY
160 Australian Avenue. Suite 301. West Palm Beach, Florida 33406 Tel. (305J 684.4170
M E M 0 RAN DUM
TO: Metropolitan Planning Organization Members
FROM: Randy M. Whitfield, P.E~
Director
, ~
DATE: April 12, 1989
RE: Alternate Members
Previously, the MetropOl itan Planning Organization (MPO) had
established a procedure allowing appointment of an alternate to
serve when the regular municipal member was unable to attend.
This procedure was discontinued when the Attorney General's
Office issued an opinion that Florida Statutes pertaining to the
MPO did not provide for alternates.
The Legislature has amended the applicable statute to allow the
appointment of alternate members. The alternate must be an
elected official and serve the same governmental entity as the
regular member. The alternate must be appointed by official
action of that governing body. Notification in writing must be
provided to the MPO.' The al ternate may then serve on the MPO at
meetings in the absence of the regular member.
The purpose of this action is to assist in MPO attendance and
quorum requirements. If you have any questions, contact me.
6Lf
P.o. Box 2429. We.. Palm Booch. Florida 33402.2429
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CITY ATTORNEY'S OFFICE TEL No. 407 278 47S5 Apr 21.89 14:56 P.02
EITY aF aRRAY BEAEH ' .,~'~
CITY ATTORNEY'S OFFICE -- 310 S.E. hI STREEI. SUITE. UELRAY BEACH.I'LORIDA 33483 305/243.7090
MBMO~
Date: April 21, 1989
To: city Commission
From: Jeffrey S. Kurtz, Assistant City Attorney
Subject: Amendment to the UDAG. Aareeme~t
Attachecl hereto for your review and !lpprovill is a copy of tlse
amendment to the UDAG Grant Agreement that has been negotiated
'Ill th BUD by A\!DUrn Trace Joint Ventuze and staff. The amend-
ment was approved on April 3, 1989 by BUD, and the City haa
until June 2 to approve the amendment.
OUr office h.. reviewed the amendlllent and finds it to De
legally sufficient and in acceptable fOrll\ to oxecute. The
amendment baaically compOrts with all of our amendment requests
, and I shall briefly sunmarize the highlights of the proposed
I agreement between the ci.ty an4 HUD belew.
I Wi thin the Agreement, the developer has been changed to the
I Auburn Trace Joint Venture Group and the lower density develop-
ment of 256 units consisting of 64 one-bedroom apartment, 140
I two-bedroom apartments and 52 three-bedroom apartments bas been
\. approved for development by BUD. The amount of the UDAG loan
haM been reduced to 3.84 million, which is exactly what the
City had requested. Repayment terms on the UDAG loan are
I consistent with t.he previous AgreeJllent, they being that inter-
est shall accrue at 3 percent annually, with repayments to
begin in the sixth year based on a 2S year amortization sche-
dule with a balloon payment to be _de at the end of the
fifteenth yea:!:.
Pursuant to this Agreement, the City is to loan to the 4evel-
oper $768,000.00 and provide a grant to the developer in the
amount of $200,000.00. In addition, the City will take back a
purchase money mortgage on the property in an amount equalling
$720,000.00 and not sell the property to the developer for more
than $730,000.00. All of these requlrc:!lllents are consistent
with the contxact between the City and the developer and the
sullmittal amendment requesta to HUn.
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CITY ATTORNEY'S OFFIcr TEL No. 407 278 i5 Apr 21.89 14:56 P.03
Cl ty COlIIIIission
April 21, 1989
Page 2
The time frames for submittal of all evidentiary m4terial. to
BUD, including proofs of zoning, financing, and contracts, has
been pushed Dack until June 30, 1989, a. has the construction
start date. It is anticipated that 010si09 on the property
between the City and Joint venture. will take place on or about
May 31 and it is possible that site work may be9in prior to
then. A revision to the contraot l:letwoen the City and Joint
Ventures will be placed on your agenda to transfer another 25
feet of property along the oemetery to Joint Ventures. This
land transfer is nocessary to aooClllllllOdate the site plan and
basically involves transferring all of the Southwest 10th
Street right-of-way to Auburn Traoe Joint Venture, rather than
the half of those rights that are currently called for.
Construction, pursuant to this Agre..nt, is scheduled to 1;la
completed ))y December 31, 1990. In order to begin drawill9 down.
on the U'DAG funds, the devel.oper is required to put in 1.7
million dollars of private funda into the project and then the
UDAG funda will be paid out in a ratio equivalent to that and
paid out by the lender and the remaining equity interest in the
property such that UDAG monies will not be oompletely expended
until those other sourcea of funda have alae been expended.
The total project coat is approximately 14.5 million dollars,
with apprOXimately 9 million coming from private funding
sources and 5.5 million dollars coming from government source..
In addition to the repayment of the UDAG and City funda, the
City will also participate in syndication profits, sale prof-
its, and net cash flow from the project. The most illlllediate
Gource of revenue to the City will be upon the tax credit
syndication. In addition to the amount needed to supply equity
into the project, the partnership is able to retain apprOXi-
mately 1.1 million in profit. Beyond those syndication pro-
ceeda, the City is to receive 90 percent of the excess pro.
ceeds, which 50 percent muat be applied to repay UDAG principle
loan payments and 50 percent must be applied towards interest.
Total syndication proceed& have been estimated by the developer
to be sOlll8where in between 4.5 an4 4.8 lllillion dollars, which
1 would mean t.ho cit.y would be able to share in $100,000-$400,000
of those dollars and apply thlUll to an early repayment of the
UDAG funds.
The City is also to share in 40 percent of the net cash flow on
em annual basis and 2S percent of the net proceeds from any
sale. It 1s unlikely that such proceeds shall be significant,
however, the City dOGS have the posaibility of receiving a
windfall should the!:e be llubstan.tial possible cash flow or
substantial appreoiation in the development to this projeot.
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Rpr 21,89 14:57 P..04
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City cOIllII\1..sion
April 21, 1989
Page 3
Due to the proU.ts that the partnersbip is permitted pursua.nt
to the tax credit syndication, the partnership is limited to a
S percent ownership interest in the project following syndica-
tion. It is anticipated that the partneu.hip will remain as
the general partner and be reQ)OlUIibla for maintaining the
project and operating losses, however, it is the tax. crec:ti t
investors who will share the long term profits from this
project with the developer receiving the bulk of their profits
upOn the initial syndication and developllent of the project.
Pursuant to this Agreement, the developer will be required to
supply the City and BUD with a annual CPA audit to insure that
funds are being expended appropriately. FurthellllOre, each of
the partners are personally respona1,ble for guaranteeing the
loans through construction.
In conclusion, most of the elements are now in place for the
development to take place and be constructed by December 11,
1990. The only remaining element. are final site plan plat
approval and syndication of the tax credit.. If anyone should
have any questions concerning this matter, pIaue do not
hesitate to contact our office or Lula Butler.
JSK:sh
I ee: Walter o. Barry, City Manager
I Frank Spence, Director of Development Services
I Lula Butler, Director of Community Improvement
Tom Hinners
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AI 'RICAN ASSEMBLY ON CHILDP "S ISSUES
IN P.~LM BEACH COUNTY -
The Florida Atlantic University/Florida International University Joint Center for
Environmental and Urban Problems ("Joint Center") and the Florida Atlantic University
Institute of Government ("lOG") ~.ave agreed to coordinate a conference addressing
children's issues in Palm Beach County. The purpose of the conference will be to
establish a set of goals and policy recommendations with regard to children's services
in the county. This conference will utilize the American Assembly process, a
negotiating procedure designed to reach consensus on issues of interest to diverse
parties. The Assembly provides a body of knowledge, a setting and a technique for
bringing people together to discuss issues, voice their opinions and reach agreement
on issues of public policy.
Approximately 100 participants representing a cross-section of local government
leaders, business and civic groups and other pertinent interests in the area of
children's services will be invited to attend. The Assembly will be held June 15.17,
1989, at the Jupiter Beach Hilton Hotel. The Assembly will begin on Thursday moming
and conclude at noon on Saturday. The attendees will be divided into four groups of
equal size, with each group representing a cross-section of the Assembly participants.
All of the discussion groups follow the same agenda and discuss the same questions
at the same time. On Saturday morning, the participants are provided with a draft
pOlicy statement which is reviewed by the group as a whole at the final plenary
sessivn. Decisions to add, delete or amend are made by a majority vote of the
partie pants. The final policy statement, including the recommended amendments, is
adopted as a whole at the end of the plenary session.
A Steering Committee. consisting of public and private sector representatives,
has been organized to develop the groundwork for the Assembly. The Steering
Committee is responsible for obtaining funding for the Assembly and identifying the
key areas of interest for conference discussions. The Committee will then develop
questions for each of those issue areas. In addition, the Steering Committee will
develop a list of potential conference participants designed to provide broad
representation from the public and private sectors as well as regional interests.
The estimated cost of the Assembly is $38,000. Contributions will be sought from
both the public and private sectors.
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MEMORANDUM t~
V
TO: Walter O. Barry, City Manager
FROM: ~obert A. Barcinski, Asst. City Manager/Community Services
DATE: April 25, 1989
SUBJECT: Soils Testing - Lake Ida Tennis Facility
I received a second soils test on the Lake Ida Tennis Center site on
April 20, 1989. In summary, the report basically states the following:
The soils consist of loose sand about 12 feet deep, below which is 4-5
feet of peat. This soil condition will produce non-uniform settlement
when developed, producing the probability of damage to new construction.
Nutting Engineers recommends the soil be stabilized by either removing
the peat and mulch or by preloading the site with sand to squeeze out
excess water. Preloading artificially forces settlement so that
post-construction settling is within an acceptable range. Soil
stabilization would be followed by compaction of the loose sands.
Before a final choice method is made, a grid of auger borings is
recommended to more definately map the mulch and peat layer. A
stabilization method could then be designed.
Other factors in the choice of method are cost and time. The
Engineering Department is developing a cost estimate for various
approaches of preloading and will submit a table of cost/time to Parks
and Recreation.
This report is currently being reviewed by John Walker on our
engineering staff . In addition, Mr. Weldon has contacted a tennis
court construction representative to review the recommendations
concerning court construction. Mr. Weldon has also talked to the
County, and is reviewing plans for courts the County built in the Glades
area under similar conditions. When all reports are reviewed and
additional information is received, Staff will make a final
recommendation to you.
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A summary of events concerning this item are as follows:
Nov. '88 Staff ordered soil test from Gold Coast Eng. & Testing.
11/18/88 Soils test received indicated "remedial steps needed prior
to loading".
11/20/88 Soils test delivered to Architect Roy Simon for review and
action.
11/29/88 Design contract executed with Roy Simon.
01/09/89 Final Lease Agreement for site approved by Commission.
01/31/89 Revised Tennis Site cost estimates delivered by Architect.
02/05/89 Commission approved design development phase and cost
estimates.
02/06/89 Architect officially notified to complete all design
elements.
03/14/89 Received notification from Mr. Simon that his engineer
summary indicated that soils tests would dictate a need for
pilings for the building construction.
03/20/89 Staff memo sent from Mr. Weldon to Mr. Barcinski with
preliminary information.
04/04/89 Memo received from architect with engineering report
concerning need for pilings based on soils testing.
04/05/89 Staff requested 2nd opinion on soils test due to fiscal
implications of design changes. Nutting Engineers hired.
04/20/89 Nutting Engineers report received from architect.
Difference in engineering report and soils report
concerning tennis center construction.
04/21/89 Staff begins review of reports to determine final
recommendation.
RAB/sfd
~ APR17 1999
.'. ,
GOLDCOAST ENGINEERING & TESTING COMPANY """'<:"- I
E. WAYNE DREW
MANAGER
DONALD G. KLAIBER. P.E.
CHIEF tNGINEER
Apr i 1 5, 1989
Mr. Roy M. Simon, Architect
101 Northeast Fifth Avenue
Sui te II A- 2 II
Delray Beach, FL 33483
Subject: Delray Beach Tennis Center - Test Borings
Dear Mr. Simon:
Test bori n9s at t his sit e were conducted by t his office 1 n November
of 1988. The results indicated organic deposits (muck and peat)
genera 11 y throughout the sit e . Elevation an d thickness of deposits
varied. I n general, organic deposits occured at a depth of 1 1 feet
and was four to s 1 x feet 1 n thickness. Overlaying the organic
material i s a three to four feet t hi c k layer of very loose sand.
The material i s unacceptable for structures founded on conventional
footings.
I n our discussion of Apr i 1 3, 1989 you categorized varlOUS facilities
to be pl aced on the sit e an d asked for my recommendations on types
of foundati ons. I have reviewed the test borings and comment as
follows:
1. Standard Shelters These structures should be
---
des i gned with a pi 1 in g foundation supporting a
reinforced concrete slab/grade beam s 1 a b on
grade.
2. Light Standards and Flag Po 1 e These instal-
lations should be provi ded with a sin g 1 e pi 1 e
foundation as shown i n the attached sketch. Re-
i nforc i ng shown i s simply typical for s i mi 1 ar
installations an d no attempt IN a s made to analize
the proposed un its. It i S my opinion that the
412 Toll Pines Rood . West Palm Beach, Florida 334/3 . Phone (407) 967.7),1)..')
.
Roy M. Simon, AlA
Delray Beach Tenn i s Center Page #2 Apr i 1 5, 1989
upper so i 1 strata can adequately resist overt.urn-
1 ng moments in pass i ve so i 1 res i stance. However,
I feel pi 1 in g i s required to resist vertical
loading.
3. Mi scell aneous Fencing I see no reason that
fencing co u 1 d not be installed i n the standard
manner.
4. Tennis Courts You have advised me that the
courts wi 11 be clay. I do not feel the courts
wi 11 be affected by the lower poor strata.
5. See back of sheet
I f you have any questions i n t his matter, please feel free 1 n
call in g .
Very truly yours,
GOLDCOAST ENGINEERING .& TESTING CO.
~"L~tLU~
DONALD G. LAIBER, P.E.
Chief Engineer
DGK/dew
Enclosure
AUTHORIZATION FOR PUBLICATION OF STATEMENTS. CONCLUSIONS OR EXTRACTS FROM
OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL.
, F"of'!. I-ICrt-lr,o..J, -::S-r"l,JOAe.OS
JOB i? I L- I "-''1
. MLDCOAST ENGINEERING & TESTING CO. SHEET NO. , OF t
412 Tall Pines Road CALCULATED BY .oC\~ DATE4I4/ ~9'
WEST PALM BEACH, FLORIDA 33413
(407) 967.7155 CHECKED BY DATE____~___
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MEMORANDUM
TO: Mayor and City Commission
FROM: Walter O. Barry, City Manager
,
SUBJECT: Visions 2000 Assembly
DATE: April 25, 1989
The Visions 2000 Assembly - Where Are We Now? will be held at the
Community Center on Friday, May 12th. The steering committee has been
. meeting since September, 1988 to arrange this workshop. The format
will be similar to the retreat held in Stuart, Florida last year. A
tentative agenda is attached.
The County Commission's policy on American Assembly events is to match
50% of each dollar contributed by a municipality. The Steering
Committee of Visions 2000 is requesting an allocation of $4,000 for
the Visions 2000 Assembly to be matched by a $2,000 Palm Beach County
grant.
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WHERE ARE WE NOW?
VISIONS 2000 ASSEMBLY
BUDGET
ITEM ~
Audio-Visual Equipment $700.00
Equipment Operators 500.00
Rentals. . .
Tables, Chairs
Table cloths, skirting "
Staging 1,800.00
,
Catering 350.00
..
,
Signage 4<:10.00
,
'Printing and Postage 1,200.00
Staff Expense...
Stenographers
Maintenance
Parks Workers 750.00
Miscellaneous 300.00
TOTAL: 6,000.00
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WHERE ARE WE NOW?
VISIONS 2000 ASSEMBLY
May 12, 1989
AGENDA
7:30 A.M. - Registration
8:30 A.M. - Introduction
9 A.M. - Major Features of the Comprehensive Plan
9:30 A.M, - Relationship of the Comprehensive Plan to the
Visions 2000 document
10 A.M. - The Capital Improvement Program - an'overview
11 A.M. - Group Discussion - Review/Clarification Morning Session
.
NOON - Lunch
1 P.M. - Breakout - Group Discussion
3 P.M. 1. West Atlantic Avenue Neighborhoods
a. Swinton to 1-95
b. 1-95 to Military Trail
2. East Atlantic Avenue Neighborhoods
a. Swinton to AlA
3. Neighborhood Development (civic involvement,
historic preservation, code enforcement,
parks, schools, public safety, cultural
and unique areas.)
4. Resource Allocations/ How to pay for program
3:15 P.M. Plenary Discussion
5 P.M. 1. Team Reports
2. Consensus Statement
3. Approval of Statement
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A.O. No. 1-20
· Ordered: January 5, 1988
Effective: January 5, 1988
ADMINISTRATIVE ORDER
PALM. BEACH COUNTY
Title: Fundi ng for ConIlIunity ConsensUS-Building Events
PurPose: To offer elected officials and staff guidelines
regardIng County funding for municipal/county consensus-
building events.
Authoritv: Approved by the Board of County Conunission on
January 5, 1988.
Poliey: Tne Board of County Commission recognizes that there
is Countywide public benefit in promoting policy consensus-
. building among municipalities, the business conununity, civic
organizations, regulatory agencies, and the County.
Definition: As it relates to this Administrative Order, a
consensus-building event. is defined as a planned activity, such
as the American Assembly process, intended to bring about a
general agreement of opinion on pOlicy-setting issues.
Guidelines:
1. The County will make a timely public announcement for the
purpose of accepting and reviewing requests for funding
and to incorporate these requests into the County's budget
preparation process. The details of the review process
will be developed and distributed by staff within the
first quarter of the calendar year.
2. The Board of County Conunission will annually bUdget an
amount based upon the requests made, but not to exceed
$50,000, to assist in defraying direct costs of consensus-
bUilding events.
3. After appropriate staff review and comment, the Board may
fund up to 50\, but no more than $10,000, of the amount
contributed by the local municipalities for anyone
consensus-building event, provided that the event meets
the. intent of these guidelines.
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4. In an eff, to promote greater re mal cooperation
. funding pre..erence shall be granted tv events which ar~
regional in scope. Adjacent municipalities and th~
unincorporated areas should be participants.
#
'\. 5. The agenda for the event must' contain issues of direct
impact on the incorporated and unincorporated areas of he
County.
6. Appropriate County staff and elected officials shall be
participants in the event.
7. County staff and elected officials should be participating
members of steering conunittees established for the
purposes of developing the agenda and participant list.
The County, however, recognizes that the final determina-
tion of the participant list and agenda will res~ with the
Administrator/Project Manager of the event.
8. It shall be the responsibility of the requesting organiza-
\ tion/individual to demonstrate satisfactorily that their
consensus-building event will meet the intent of these
guidelines.
9. County staff will be pro-active in establishing these
conununity consensus-building events and assist the PalJ:n
Beach County Municipal League, councils of governments,'.
Chambers of Commerce, and other interest groups in their
efforts.
10. Whenever possible, consensus-building events shall be held
within Palm Beach County.
This Administrative Order is hereby submitted to the Board of
Commissioners .of Palm Beach County, Florida.
~~;,., '.'
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( - //" ~~// -~
Jan Winters
.'COuuL:t Administrator
01/88
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THE Jf~7
HOUSING
PALM BEACH COUNTY PARTNERSHIP 111:. ..
Lp, V"
_c~ hD
George Steele, Managing Partner APR 2'1 1989
CITY M '^_
ArVlillt-R'~ _
MEMORANDUM . "OrF{CE
To: All participants
From: George Steele An (n)
Re: Conference at 9:30 a.m., April 24, 1989, in the City
Manager's conference room. The following participated
in the meeting: Walter Barry, Lula Butler, Bill Finley,
David Kovacs, Frank Spence and George Steele.
The purpose of the meeting was to attempt to clear up
any misunderstandings between the City staff and the
Partnership regarding the City's provision of infrastructure
for the Allarnanda Garden development. A further purpose of
the conference was to attempt to reach a consensus as to the
best implementing and financing plan for such infrastructure
for submission to the City Commission.
The following represents our best recollection of the
points discussed and/or agreements reached: _ !Ptorge
1. It was acknowledged by 1. . B L
Steele that the misunderstanding that surfaced at
last week's City Commission meeting was over the
phrase lIin-house." Butler was referring to lIin-
house construction of infrastructure, " and Steele
was of the opinion that the City was proposing "in-
house biddina of the infrastructure."
2. It was agreed that the City propose to bid out
the infrastructure using the engineering plans that
have and/or will be completed by Heller - Weaver
and Cato. It was further agreed that the
Partnership would be responsible for the on-site
Davis-Bacon monitoring of the infrastructure
contract. Steele indicated that Dorothy Ellington
had already been requested to process a Davis'Bacon
wage determination through HUD. Bill Finley
observed that such bidding by the City would
obviate bonding problems which might arise if the
Partnership were a party to the infrastructure
contract.
777 East Atlantic Avenue. Suite 224 . Delray Beach, Florida 33483 . [407] 276-6231
Memo from George Steele
Page Two
3. It was agreed that in addition to the $130,000
presently available from City funds, that an
additional approximately $100,000 in City funds
would have to be found in the current fiscal year.
This would permit the infrastructure to be
completed in a timely manner enabling the
Partnership's home builder to begin and complete
the construction of all 36 homes in the shortest
possible time'frame. It was agreed that the City
would defer the $68,220 Water'Sewer Impact Fee
until next fiscal year and that such a deferral
would not prevent the issuance of building permits,
etc.
4. David Kovacs indicated that the City could
commence the bidding process for infrastructure
before Final Plat approval. He suggested that the
engineering firm forward, as soon as possible, the
water/sewer plans to the County Health Department
for approval and the drainage plan to the South
Florida Water Management District for approval.
5. Walter Barry indicated that while the additional
$100,000 could possibly come from the City's
unappropriated fund balance, he did not feel it
would be appropriate to utilize that fund. Instead
he favored consideration by the Commission of
including this funding in the short - term "line of
credi t" which will be considered at the April 25
Commission meeting.
6. It was agreed that the City would proceed with
preparing a contract by and between the City and
the Partnership including the duties and
responsibilities of the Partnership. It should be
noted that the Partnership has already paid $7,325
for engineering work.
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I I MEMORANDUM
.j
TO: WALTER O. BARRY, CITY MANAGER ~
THRU: FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SERVICE
~
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT'~
RE: ALLAMANDA GARDENS/PALM BEACH COUNTY HOUSING PARTNERSHIP
REQUEST FOR ADDITIONAL FUNDING
STAFF RECOMMENDATION
DATE: APRIL 20, 1989
Per the direction of the City Commission at their scheduled
workshop meeting of April 18, 1989, staff is submitting the
following recommendation for consideration at the next scheduled
regular meeting of the City Commission:
BACKGROUND:
The Partnership indicated in their presentation that
the new contractor of record, Sterling & Design of Boca
Raton, will be constructing nine units at the same
time, dividing the site into four quardrants. The
initial consideration of providing the construction of
the infrastructure to the site by existing City
personnel which would have to be phased over a period
of approximately one and one half years would not
be expedient or consistent with the Partnership's
current plans since the contractor would be able to
construct all 36 units within a 12-month period.
Therefore, staff is recommending that the entire
request by the Partnership for additional funds in the
amount of $100,000 be allocated from general revenue in
the 1989-90 fiscal year. Staff will request $69,768 of
the total amount to be budgeted from CDBG funds for
fiscal year 1989-90 during the citizen participation
process. However, it should be noted that if there is
public opposition to the allocation of these funds, we
would be forced to fund the entire amount from general
revenue.
SUMMARY:
Staff is recommending that the City Commission consider
committing to the Palm Beach County Housing Partnership's
their request for additional funding for infrastructure to the
Allamanda Gardens Project the amount of $169,768, with funds to
come from the following:
Existing CDBG allocation $130,000
CDBG allocation FY 89-90 69,768
General Revenue FY 89-90 100,000
Total allocation for infra-
structure $299,768
The City would still need to consider funds for overlaying
adjacent streets in their annual street overlay program. These
funds are not currently available and would have to be budgeted
in FY 89-90. The proposed funds assumes all engineering costs
and presentations by the Partnership are correct.
LD2
B: Gardens. OOB
"2..-7
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: WALTER o. BARRY, MANAGER
~q
VIA: FRANK R. SPENCE, DI ECTOR
DEVELOPMENT SERVICES GROUP
gc.J)YV..~
FROM: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
CONSIDERATION OF REOUEST FOR EXTENSION OF A CONDITIONAL
USE AND SITE PLAN: DELRAY AUTO GROOMING
ACTION REOUESTED OF THE COMMISSION:
The action requested of the Conunission is that of
extension of a previous conditional use and site plan
approval.
The project is Delray Auto Grooming. It is proposed for
the northwest corner of NE 2nd Street and NE 2nd
Avenue.
BACKGROUND:
This project was approved on October 27, 1987. That approval
will expire on June 1, 1989. The project will not have met the
requirement for 25% of all improvements having been in place by
that date so a request for extension of approval has been made.
Also, the building plans are in plan check; thus, it is
anticipated that on-site construction will begin soon.
The full staff report which provides more background and an
evaluation of the site plan is available in the City Manager's
Office.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at it's regular meeting of April
17th. The Board noted that there have not been changes in
circumstances or in regulations which would affect this project.
Accordingly, it recommended, on a unanimous vote of 5-0, to grant
an eighteen month extension.
RECOMMENDED ACTION:
By motion, grant an 18 month extension of approval for the
conditional use and site plan approval for Delray Auto Grooming.
Attachment:
Staff Report for Agenda Item V.E., P&Z Meeting of April 17th
REF/DJK #43/A:CCWASH.TXT
~Y'
.
-. .. PLANNI"6 8 ZONING SCAn -- -
CITY CF DELRAY BEACH
.. STAFF REPORT
--- ---
fEETIIG ~It:: APRIL 17, 1989
~ 11'EH= V. E
CONSIDERATION OF A SITE PLAN AND CONDITIONAL USE TIME EXTENSION REQUEST rOR
ITEM: DILRAY AUTO GROOMING AT THE NORTBWEST CORNER or N.E. 2ND ST. AND N.!:. 2ND AVE.
.
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GENERA:. DATA:
OWner...........................J~ L. w..eber.poon and Willie
c. WeatMnpoon
AgeDt...........................Ditb7 Bridge.
D1* ar1.., lI&r.h anc1
Aaaoc::1.te., P.A
Locat1OD.....~..................MOrtbwe.t corner of H... 2Dd
~ I A~ UId .... 2Dd Str..~
Pr~.rtr alae...;.~.............14,045 Sq. f~. (0.322 Acre.)
II
<: _fty --11..1.:1_ "'~ P1an....LiII1~ed ~rc1.1
City ~t..................... .-.cae CCleDer.l c:c..erc1al)
Adjacell't .......t..9................ .Korth. aou~ ADd ...1: of 1:he
aubjec~ property 18 IOllecl oc.
We.~ 1. IOllecl 110 (1le.1clentia1
Office) .
Bx1a't1Dg L&Dcl U.................v.c:ut: Land
Pr~Q..d LaDd V.................Six bay car w..b
w.~ aer.iae...................IX1at:1Dg oa-.i'te
....r ..rwLoe...................IX1.C1Dg OQ-a1te ITEM: Jr. i
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CITY COMMISSION DOCUMENTATION
TO: WALTER O. BARRY, CITY AGER
~ ~4
VIA: FRANK ~CE, DI ECTOR
DEVELOPMENT SERVICES GROUP
FROM, ~~Ah?'ii~R
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
CONSIDERATION OF SITE AND DEVELOPMENT PLAN FOR
DELRAY BEACH YACHT CLUB CONDOMINIUMS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of a site and development plan for a proposed
twelve (12) unit condominium complex to be located on
the site of the Delray Beach Yacht Club.
BACKGROUND:
The proposed use is to be located on the north half of the Delray
Beach Yacht Club site. There will be no alterations to the
existing yacht club facilities. The proposed structure is four
stories in height. Parking will be provided on the ground level
under the building in addition to visible surface parking which
will be used jointly with the Yacht Club.
The procesing of this request involved the consideration of some
waivers, the approval of the use of compact car parking spaces,
and the establishment of a parking requirement for yacht clubs.
The full background report is available for review at the City
Manager's Office.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at it's regular meeting of April
17th. Although this site plan consideration did not require
public notice and hearing, a courtesy notice was sent to
neighboring property owners and condo associations in addition to
BPOA. The only conunents at the public hearing were from the
applicants. The Board, by unaminous vote of 6-0, recommended the
granting of requested waivers, the use of compact car spaces, the
establishment of a standard for parking requirements for a yacht
club, and subject to certain conditions.
RECOMMENDED ACTION:
By motion, Approval of the site and development plan for the
Delray Yacht Club Condominiums based upon the findings of the
Planning and Zoning Board, the granting of waivers and matters of
administrative relief as recommended by the Board, and Subject to
conditions as recommended by the Planning and Zoning Board.
Attachment:
Staff Report for Agenda Item V.B., P&Z Meeting of April 17th
REF/DJK*43/CCYACHT.TXT
c:11
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t--'LHNN I NG 8- .-ONING SOARD -
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CITY OF DELRAY BEACH
--- STAFF REPORT ---
~ETIN; ~It:: APRIL 17, 1989
A3EtO=I ITEM: v R
ITEM: CONSIDERATION OF SITE AND DEVELOPMENT PLAN APPROVAL FOR THE DELRAY BEACH YACHT
CLUB AT THE NORTHWEST CORNER OF MACFART ANF. nRTVF. ANn TNt":RARAM AtTt:mn..
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GENERAL DATA:
OWDer.............................. RoDtfo~ aelm, Pre.ident
YKht Club of Delray Beach, Inc.
Agent............................... .. above
Location......... .-.. ........... .1Io~.t corner of MacFarlane
Drift an4 Ingraballl Av.nu.
Property 51&....................4.11 Acr..
City Land US. Plan..............RP-15 (Multipl. Family - 15u/al
City Zon1Dq.................... .__15 (Multipl.-FUlI.ly Dwelling
· DJ.Rdctl
Adjacent ~h~9.. .r............. .lIortb, 8OUtb. and ...t of the
811bject property is zoned IM-l5.
west, acroas the Intracoastal
Wat.rway, is zoned IM-lO.
Exi.ting Land U.................privat. Yacht Club con.i.ting of
53 boat .lip., a clubhou... a
.nack bar an4 a pool ar.a with a
bath bowl. an4 two .torage
bW.l4ill9..
Propo.ed Land U.................A 12 unit condominium .Lructur.
in a44ition to the exi.ting us...
Wat.r S.rvic....................Requir.. ext.nsion of th. ITEM:~6
.xi.ting I" wat.r ..in, which
4.&4 .nda at th. int.r.ection of
MacFarlane Dr. ancl K1ramar Dr.
sewer service...................Bx1.ting on-.it.
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C I T Y COMMISSION DOCUMENTATION
TO: WALT~~ Z. MAN::ER
VIA: FRANK R. SPENCE, DIRECTOR
~LOPMENT SERVICES GROU'
~J ~U~
FROM: ID J. KOVACS, DI ECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
CONDITIONAL USE APPROVAL, OAK SCHOOL OF DELRAY
AT ST. PAUL'S CHURCH ** CONSENT ITEM**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Conunission is that of
approval of a school for qrades K through 3. The
applicant is St. Paul's Church.
BACKGROUND:
The proposed use is to be located in the former church rectory
which is located at the corner of SW 1st Avenue and SW 2nd
Street. There will be no alterations to the site except for
striping of loading (school children) areas within the
existing parking. The full background report is available for
review at the City Manager's Office.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at a duly notice publiced hearing
held on April 17th. There was only comment from the applicants.
After deliberation, the Board declined to recommend that the site
be brought up to full standards. It noted that the site was well
kept and that the spirit, if not the letter, of the City's
development regulations. The Board voted unanimously (6-0) to
recommend approval subject to the condition that a non-impacting
site plan modification be submitted, said site plan to address
the technical items identified in the staff report.
RECOMMENDED ACTION:
By motion, Approval of the conditional use of private school for
grades K through 3 at the site of St. Paul's Church Subject to
conditions as recommended by the Planning and Zoning Board.
Attachment:
Staff Report for Agenda Item IV.C., P&Z Meeting of April 17th
REF/DJK*43/CCSTPAUL.TXT
L~a
- -
PLANNING -
8 ZONING 80fRJ
CITY CF OELRAY BEAO-f
. STAFF REPORT
--- ---
~ET 11'16 D=lTE: APRIL 17, 1989
AGEN:f:I ITEM: IV. C
CONSIDERATION OF CONDITIONAL USE APPROVAL FOR ST. PAUL'S EPISCOPAL CHURCH TO
111Eff: ESTABLISH A SCHOOL AT THE NORTHEAST CORNER OF S.W. 1ST AVE. AND S.W. 2ND ST.
,
GENERAL DATA:
OWDer...........................St. ..ul'. Iplacopal Church of
Delra)" 1Ieacb. Inc.
Aqent............. .............._ .. above
Loc.t1on........................Martb aide of S.W. 2nd Street,
be~ SW1nton Aven... &lid S.W.
1. A__
ProJertr 11.....................2.2 Acre.
~ "lIt)" - I _.1: t Plan... ..-alU-Peal1)" ...l4entJ.al
-.
C1q 1-41.......................... CJaalUple-r.s.ly Dwelling
. D1aUlctl
Adjacent ZOaiDg.................1Ortb aDd waat of the aubject
JIZOIlHtF 18 a-.s IlIl-S. Sou~ 1a
aaaed a-lA CS1qle-p..uy
ow.l11D;1. laat 1. _ODed IM-I0
C.-altJ.ple-PU11y ow.ll1q
Dl.Ulctl.
lx1at1D9 LaDd V................ .~t.1ft9 ehuz'cb and clay car.
for 30 st'-nt.. Structure to be.
.-od1f1ed for an el_tar)' ...Iloo1
UN 1. Cl1In"eIltly tile rectozy
Propoaed Land U.................An education facUlty CClIIPrlHd
of 2 claaaroa.a for a ..w4~ of
30 .tudenu. ill 9raclul 1t-3. vl~
3 teac!ler..
Water ..cvloe...................IX1.tlD1 on-ait. ITEM: 1:l:' ~
Sewer Servlce...................Ix1.tlD9 QQ-.ite
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CITY COMMISSION DOCUMENTATION
TO: WALT~~rAG:R r
VIA: FRANK R. SPENCE, DIRECTOR
~ELOPMENT SERVICES GROUP
~~C4J ~VQe-!-
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
CONDITIONAL USE APPROVAL, DAY CARE CENTER WITH
AUBURN TRACE ** CONSENT ITEM**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of a day care center which is associated with
the proposed Auburn Trace development.
BACKGROUND:
The Commission has reviewed the site plan for the proposed Auburn
Trace development; however, final action on the site plan has
been deferred until the plat is also ready for action. A
component of the overall project is a day care center. This use
is allowed in the RM Zone District as a conditional use; thus, it
requires specific action.
A separate application for this use was provided by Auburn Trace
Joint Venture. The evaluation of the request was based upon the
information contained in the site plan submittal for the overall
project. The full background report is available for review at
the City Manager's Office.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Board considered this item at a duly notice public hearing
held on April 17th. There was no public conunent. The Board
voted unanimously (5-0) to recommend approval subject to
conditions.
RECOMMENDED ACTION:
By motion, Approval of a day care center as a part of the
overall Auburn Trace development subject to the four conditions
as recommended by the Planning and Zoning Board.
Attachment:
Staff Report for Agenda Item IV.G., P&Z Meeting of April 17th
REF/DJK*43/CCAUBURN.TXT
3/
--
PLANNING 8 ZONING BOARD
-
CITY OF OELRAY BEACH
--- STAFF REPORT ---
MEETING D=lTE: April 17.1989
AGEN:l=I ITEM: IV. G.
ITEM: DAY CARE CENTER IN CONJUNCTION WITH THE AUBURN TRACE ROUSING DEVELOPMENT.
CONDITIONAL USE REQUEST
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OWner...........................Clt7 of Delr.y ".ch
Contract Purcha..r..............AuburD 1Tace Joint Venture
Loc.tlon........................Vlth1n the Auburn Tr.ce
awlo_nt which is located on
the we.t .lde of S.W. 8th I
A..... be~n S.W. 4th St. and ,
S.V. 7th St.. if th... .tr..t. I
u. extended we.tv.rd. I
Property SI.....................l.2 Acr.. (50.400 Sq. ft.t
C '~ity .edw.e~t .laD....lUlti-'aally Re.ldential
ExiaUftlJ loniftlJ.................M llledi.. to Ilecll..-HI9h Den.ity "
DwelliDg Diatrict,
Adj.cent ZOn11l9............... ..lIo1'th. _th. ...t and west of
the subject property ia zoned RIl.
Exlatlnq Land U.................Vacant land
'ropo.ed Land u.................4.'16 sq. ft. child care cent.r
with . capacity of " cbildrea.
W.t.r servlc....................servlce will be vi. ..rvice line
fra the AlIburn Tr.c. w.ter
.yst_ wlllch inc lud.a CODDeCtD9
6" water ..1M to the ai.tlnt' 6"
..Ins on S.W. 4th St.. S.W. Sth
A.... and S.W. 15th Av.. and
.xt.nd1ft9 the ..Ins on to the , ITEM: 'It. ~
aite _r. the ayat_ will be
looped.
$eWer servic.....................rovlded by. service line wlllch
will 9r.vity feed vi. S' ..Ins
into . proposed AUblarn Trace 11ft I
station.
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PLANNING DEPARTMENT MEMORANDUM
TO: WALTER O. BARRY, CITY MANAGER
~ A..~
THROUGH: FRANK R. ENCE, DIRECTOR
CLOPMENT SERVICES GROUP
:" ~-J ~<J
FROM: D ID J. KOVACS, ~R
DEPARTMENT OF PLANNING AND ZONING
DATE: APRIL 25, 1989
SUBJECT: AGENDA ITEM 32, APPEAL OF CONDITIONS, EXXON STATION
Today I received a call from Charlie Walker, Director County
Traffic Division, regarding this item. Mr. Walker affirmed the
County's position that the ultimate right-of-way should be
obtained through dedication at this time. He expressed that this
practice is used by the County in its land use .review and
approval process. - ---
In support of this position, he stated that the County
Comprehensive Plan calls for intersection protection at major
intersections. Congress at Atlantic is a major intersection.
Such protection means provision for dual left and right turn
lanes. This involves an offset in the approach side of the
right-of-way and a dedication of 76' from center line. In the
case of Exxon where a 60' dedication is shown on the final plat,
an additional 16' is required along Atlantic Avenue. Mr. Walker
reported that the County Comprehensive Plan has been adopted by
the County Commissioners and has been sent to the State for
additional review. He pointed out that the protection of
intersections is a pOlicy requirement of DOT and the Treasure
Coast Regional Planning Commission and that while the Plan is not I
officially adopted, this provision is required and will not be .
Changed. He concluded by stating that the County Engineer has
received direction to follow and enforce the policy provisions of I
the County Comprehensive Plan. .
Alternative actions, and their implications, which are available
to the Commission include:
- -
1. Require dedication of the ultimate right-of-way
precedent to plat approval and thus require redesign of
the site plan.
;'0. .'.
WALTER O. BARRY
AGENDA ITEM 32. APPEAL OF CONDITIONS. EXXON STATION
APRIL 25. 1989
PAGE 2
2. Require an offer of dedication of the ultimate
right-of-way, to be exercised by the City at a future
date. This approach would allow the project to proceed
but would accommodate the taking of the right-of-way at
no cost in the future. The land currently shown in
landscaping would be diminished as necessary to
accommodate roadway construction.
3. Require that an easement for street and traffic
purposes be provided, said easement to be congruent
with the ultimate right-of-way description. This
approach would allow the project to proceed but doesn't
fUlly resolve the issue of future compensation.
4. Do not require dedication for the ultimate right-Of-way
thus allowing the project to proceed and leaving the
matter of obtaining additional right-of-way for an
expanded intersection to the County through purchase.
c:
Herb Thiele, City Attorney
Gates Castle, City Engineer (Interim)
Charlie Wa~~~r, Director County Traffic Division
~Da9'1d\Fel~ori~' Agent
Project File
REF/DJK *43/A:APPEAL.TXT
-
CITY COMMISSION DOCUMENTATION
TO: WALTER O. BARRY, CITY
~/(
VIA: FRANK R. SPENCE, DIR
~ELOPMENT SERVICES
FROM: ~~Jt~~TOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
APPEAL OF CONDITIONS -- EXXON STATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of
deleting certain conditions of approval which
necessitate the dedication of additional right-Of-way.
The request is associated with the proposed
redevelopment of the Exxon Station located at the
northeast corner of Atlantic Avenue and Congress
Avenue.
BACKGROUND:
The Exxon station redevelopment has been before the Conunission
through consideration of annexation of property to the north and
the consolidation of that property, through a site plan, with the
balance of the site for redevelopment purposes. The site plan
was approved. Subsequently during plat review, additional
right-of-way demands were made by the County and D.O.T.. In both
instances, the City is acting as an agent for those entities.
Attached correspondence from the appellant states the case that:
1) dedications were made pursuant to condi tions of
approval of the site plan;
2) those dedications were made based upon review by the
County and D.O.T.;
3) the subsequent dedication requirements are not made
pursuant to any adopted plan nor are they associated
with a road improvement project which is designed.
Relief is being sought so that the final plat can be approved and
the site plan, as previously approved, can be implemented.
The implications of the City Commission decision are as follows:
a) granting the appeal would allow the project to proceed;
if at a future date, the right-of-way is taken a
portion (not all) of the landscape area will be
diminished.
b) granting the appeal may injure our relationship with
the County and State in that they desire the City to
obtain right-of-way whenever possible.
c) denial of the appeal may result in litigation with the
City being the primary defendant.
Normally the City is adamant about requiring right-of-way
dedications pursuant to the adopted thoroughfare plan. However,
there are extenuating circumstances in this situation. ~
To: Walter o. BaLry, City Manager
Re: City Commission Documentation -
Meeting of April 25, 1989
Appeal of Conditions -- Exxon Station
Page 2
PLANNING AND ZONING BOARD ACTION:
The Board has not addressed this particular matter. At the time
it considered the preliminary plat, a condition was imposed that
the right-of-way dedications be reviewed by the County. It was
during this final review that the additional requirements were
imposed. Attached is another letter from the appellant to the
County wherein relief from the County's request is sought.
RECOMMENDED ACTION:
Commission discretion.
Attachment:
- Letters of March 30, 1989 and April 12, 1989 from
Corporate Property Services Inc.
REF/CJK*42/CCEXXON.TXT
"
< -
.
, ,
CORPORATE PROPERTY SERVICES. INC.
303 NORTHWEST 12th AVENUE. OEERFIELO BEACH. FLORIDA 33442. (305) 426-5144
March 30, 1989
Mr. David Kovacs
City of Delray Beach
100 NW lst Avenue RECEIVED
Delray Beach, FL 33444
~
RE: Exxon Facility 4-6701 11105 .
Atlantic Av @ Congress PLANNING
Dear Mr. Kovacs:
This letter responds to the additional requirements for
dedication along Atlantic Avenue and Congress Avenue
that have been requested as part of the application for
rep~atting of the above-captioned facility, located at
the intersection of Atlantic Avenue and congress Avenue.
Based upon input from Florida Department of Transportation
(by its letter of December 30, 198~1 and from Palm Beach
County (by its letter of December IS, 19881, we have been
advised of the following additional right-of-way
reservations:
l. An additional 16 feet of right of way (in addition to
the 7 foot future right of way shown on the plans) to
provide an expanded intersection and to comply with
the Palm Beach County trafficways plan for Atlantic
Avenue.
2. An additional 8 feet east of the existing right-of-way
line along Congress Avenue and the 25 foot corner
fillet.
Based upon our review of these requests, the additional
requirements for dedication along Atlantic and Congress
Avenues comprise approximately 9,000 to 10,OOO square feet
which would significatly decrease Exxon's property without
compensation.
Further, it appears that these additional reservations of
right of way are based upon proposed amendments to the
Palm Beach County Comprehensive Plan and, additionally, there
do not appear to be any current or proposed road projects
that would build upon the proposed right of way.
- continued -
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City of De1ray Beach
Mr. David Kovacs
March 30, 1989
Page Two
Therefore, Exxon will not agree to the additionally
requested right of way set forth above. However, as
previously agreed, Exxon will dedicate the 7-foot
future right of way shown on its site plan.
In addition to the issue of right of way, the matter
of preventing erosion along the north border of EXxon's
property was another item to be resolved prior to
forwarding the plat to the City Commission for approval.
Through meetings and correspondence with the City
Engineer's office, Exxon's design engineers have
resolved this matter.
Based upon the above, we would respectfully request
that the application for replatting be acted on based
upon the submitted and approved site plan and
plat submitted via Pulice Land Surveyors.
Kindly advise me of the schedule for review of this
matter.
(j\~O.,lt_
Wid J. Felt~n
President
Agent for Exxon
DJF:ms (8604-3)
attachments
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Mr. Charles wa.l:<.er
. .. --
Palm Beach CO'Jnty
Engineering & Public Works F{[:Cfl\j;
Room 302
160 Australian Avenue APR 1 4 89
West Palm Beach, FL 33402
PLANNING
RE: Exxon Facility 4-6701
1909 w. Atlantic Avenue
(NE corner of Atlantic Avenue and Congress Avenue)
- Delray Beach
Dear Mr. Walker:
On January 13, 1989, I ..et with you regarding this Exxon site to
discuss right-of-way-dedications being required as part of the
plat process. Letters had been received (copies attached) which
stated that FOOT wanted a total of 23 feet feet along Atlantic
Avenue to acco..modate Palm B.ach County's expanded int.rsection,
and Palm B.ach County, in addition. want.d 8 t..t along Congre..
for the same purpo... A. propo..d, this taking a..ount. to 9749
square feet or 0.224 Acr... During Our ....ting I inquir.d of you
as to the authority for th... d.dication. as th.re wa. not an
expanded inter.ection on the Thoroughfare Right-of-Way Protection
Map. You respond.d that the County Co....i..ion had d..ignat.d all
intersection. of art.rial. to have an expanded intersection and
that this would be r.flected on the next ROW Protection Map.
As explain.d during our m.eting, Exxon has taken the po.ition that
they would b. willing to re.erv. the requested r.ight-of-way area
in the d..ign of their .ite .0 that a future taking would not
impact the oper.tion of the facility. However, Exxon is not
willing to give the land without co..pensation. The exception to
this position is the 7-foot strip of land along Atlantic which
Exxon ha. agreed to d.dicate via plat (without compensation)
toward. establi.hing the 120-foot corridor On Atlantic shown on
the current Thoroughfare Map.
Exxon ha. ba.ed their po.ition On aeveral factor.:
1) The Palm Beach County Compreh.nsive Plan calling for an
expanded intersection at this location is not yet adopted.
The current Right-of-Way Map does not reflect an expanded
intersection.
2 ) There does not appear to be any current or proposed road
project that would build upon the proposed right-of-way.
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3 ) In July 1987. 7 feet of right-of-way along Congress was
purchased from EXxon, raising the questior. as to why any
additional right-of-way required was not included in the same
negotiation.
4) In September 1987 Exxon purchased an additional SO feet of
property to the north of the current site to accommodate a
rebuild of the facility to their current specifications.
Under the dedication, they would have acquired SO additional
feet to the north at their expense merely to dedicate away 23
feet on the south to public right-of way.
- Exxon's legal counsel has advised all administrative
us to pursue
remedies prior to beqinninq litigation to resolve the matter.
Consequently, we have advised the City of Delray Beach of ,Exxon' s
position and have asked them to accept.the plat as .oriqi.o411y
proposed. Mr. David Kovacs of the city's Planninq Department h_
placed the ,issue on the City Commission's April 2S agenda. Since
the City of Delray Beach is actinq as aqents for the county in the
plat process and they do not wish to be in an adversarial position
with the county over this matter, it has been suqqested that Exxon
reach aqreement with the county reqardinq the dedication.
Exxon wishes to resolve this matter and proceed with the
modernization of their site. They also do not want the matter
procrastinated until such time as the Comprehensive Plan is
adopted which would possibly leqitimatize the dedication for an
expanded intersection. At this time, however, unless you can
supply an ordinance to the contrary, there appears to be no basis
for the dedication of riqht-of-way for the expanded intersection
and we would appreciate receiving from you a letter withdrawing
this requirement. As the matter will go before the City
Commission on April 2S, we would like to receive a document prior
to that meeting so that we can withdraw the issue from the agenda
and arrange instead to seek approval On the plat as it has been
prepared showing only the dedication of the 7-feet along Atlantic.
If you require any further information do not heSitate to contact
our office. Furthermore, we would be happy to meet with you
should you want a meetinq to review the circumstances of this
case.
Very truly xours,
~ .' --6. 1 "
~a.t.th.t'_ . z.{i.:u......LL
Madeline Seebacher
Project Coordinator
attachments
cc: Mr. David Kovacs, City of Delray Beach
Mr. Roger Pomerance
Mr. Jon Pesicka
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ann HO\\'.Hd
December 15, 1988
City of Delray Beach
200 NW First Avenue
Delray Beach. FL 33444
Attention: Kathleen Dearden. Land Development TeChnician
REFERENCE: CONGRESS AVENUE/WEST ATLAN'1':rC AVENUE TO L-30 CANAL
PALH BEACH COON'l'Y PROJECT NO. 83221
Dear Kathleen:
In response to your letter of November n. 1988, (copy
attached) , the required right-of-way tor the Exxon facility at the
N.E. corner of Congress Avenue and West Atlantic Avenue, should be
8 ft. east ot the existing right-ot-way line along Congress Avenue.
A 25 ft. corner tillet is also required.
The right-ot-way requirement on West Atlantic Avenue should
be addressed by Florida D.O.T.
0 Sincerely, .
~ .
ez. P. E.
Manaqer/Roadway Production
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Attachments
cc: John H. Carroll, P.E. , Director/Roadway Production
Charles Walker, P.E., Director/Traffic Engineering
Tanya NiCholson/Roadway Production
.
.. An Equ.1 Opportunity. Arnrm..i.e Acrion Emrlu)'~r"
BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000
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For: Lauder1a~~. Flor:da 333~5-~e96
Telephone: (305) 524-8621
December 30. 1988
Palm Beach County Commissioners
P. O. B"x 1989
West Palm Beach. Florida 33402
Attn: Hr. Alan A. Kurtis. P.E.
-
Dear Commissioners:
Subject: Palm Beach County General -- Right-of-Way
Section 18. T46S. R43E
Atlantic Blvd.. SR 806
No W. P. 1. Number
State Project Number 93030-
No Federal Aid Project Number
Palm Beach County
We have reviewed the subject plat and note that an
additional twenty-three (23) feet of right-of-way should be
reserved to provide an expanded intersection and to comply with
the Palm Beach Trafficways Plan.
The Department of Transportation is not responding to the
acceptability of median opening locations by virtue of this
delegation request review.
sini 1: . 1
tv ~ .
arold W. Kerr. Jr. . P.E.
District Project Development
and Environment Engineer
HWK:SK:ah
cc: Hr. Kevin Szatmary. District Right-of-Way Administrator
Hr. H. Korn. District Right-of-Way Engineer
Hr. R. W. Taraska. District Traffic Services Engineer
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DIY OF DELIAY BEA~ ~~ \. )
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET. SUITE. DELRAY BEACH. FLORIDA 33483 305/243-7090
MEMORANDUM
Date: April 19, 1989
To: Cit.y Conunission
From: Herbert W.A. Thiele, City Attorney
Subject: OVerview of Legal Issues Surrounding Roadway
Reservations and Dedications
As a result of a recent decision of the Florida Supreme Court
concerning takings of property owner's property concerning
rights of access, and. other discussions that we have been
having in the City Administration recently involving certain
claims matters regarding dedications, we thought we would
supply you with some overview information on the legal issues
involving these Subjects.
I ..
For some general background, it should be noted that the
Florida Legislature, in June of 1988, adopted amendments to
Chapter 337 of the Florida Statutes. This legislation provided
direction to all levels of government to cooperate in the
protection of transportation corridors and. to take all action
available within the police powers of the government to pre-
I serve these corridors for transportation facilities.
It was the stated purpose of this legislation to react to the
tremendous increases in the costs of rights-of-way which are
caused in large part by intensification of real estate develop-
ment adjacent to transportation facilities. ObvioUSly, right-
of-way acquisition after development has occurred Substantially
increases the amount of cost to local governments.
Therefore, in Florida Statutes Section 337.273 (2}(d), the
legislature declared to be a matter of state policy and con-
cern, the protection, preservation and early acquisition of
property to accommodate future transportation facilities. The
legislature expressed that it intended that governmental police
powers be utilized to the greatest extent possible by each
governmental entity to preserve and protect property necessary
for "transportation corridors" . Florida Statutes. Section
334.03(25) defines a transportation corridor to be any land
area designated by the state, county, or a municipality which
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City Conmission
April 19, 1989
Page 2
is between two geographic points and which is used or suitable
for the movement of people and gOOds by one or more modes of
transportation. The corridor may include areas necessary for
management of access in securing applicable approvals and
permits. This corridor contains matters such as existing
pUblicly owned rights-of-way, needed property or property
interests for future transportation facilities, and other
property interests.
A local goverruuent may designate a transportation corridor by
including such a corridor in its comprehensive plan or by the
adoption of a local ordinance, pursuant to Florida Statutes
Section 337.273(6}(a}.
The legislature further provided a mechanism for the coordina-
tion required of local governments through a Transportations
Corridor Protection and Acquisition Agreement. Such an agree-
ment must specify the rights and responsibilities of each of
the goverruuental parties thereto and include such matters as a
description of the corridors, the local govexnwaul's commitment
to protect the eXisting and future rights-of-way fran building
encroachment, the appropriateness of established building
setbacks, the responsibilities and the management of current
and fut1,1re access to the corridorss, responsibility of the
owners of the system, appropriateness of filing a map of
reservation pursuant to the Florida Statutes, and a reasonable
estimate by the owner of the proposed facility of the date when
such a facility will be constructed.
It has been noted that one of the major tools avulable to
governmental entities for protection of transportation corri-
dors is a "map of reservation". The governing body of a
municipality may approve maps of reservation for any transpor-
tation facility or transportation corridor within the munici-
pality's juriSdiction, all pursuant to Florida Statutes Section
337.2735.
Such a "map of reservation" delineates the limits of the
transportation corridor or of the proposed rights-Of-way for
the eventual widening of an existing or proposed transportation
f acili ty . By the recording of a map of reservation, a munici-
pality establishes a building serback fran the center line of
the transportation corridor or transportation facility.
However, any building restrictions resul.ting fran the mapping
process must be defined by ordinance and the ordinance must be
cited on the map. A decision of the First District Court of
Appeal in Joint Ventures, Inc. vs. Department of TranspOrta-
tion, 519 So.2d 1069 (Fla. 1st DCA 1988) has upheld the
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City COIIIIIIi.ssion
April 19, 1989
Page 3
validity of Florida Statutes Section 337.241, but this case is
still now pending on appea.l to the Florida Supreme Court.
The Florida Statutes also provide regulations and an adminis-
trative hearing process for the adoption and recording of such
a map of reservation.
Florida Statutes, Chapter 337 also encourages protection and
preservation of transportation corridors by early acquisition
through the purchase or condemnation procedures available to
local governments. Property that is so acquired in advance is
encouraged to be retained for future use and put to interim
uses, where possible.
The provisions of Florida Statues Section 95.361 and the effect
of filing of a "maintenance map" by the Department of Transpor~
tation, the County, or a municipality should also be noted.
This statute provides that when a municipality has maintained
or repaired continuously and uninterruptedly for four years a
roadway, then the roadway is deemed to be dedicated to the
public to the extent that it has actually been maintained for
the prescribed period. This is true whether or not the road
has been similarly established as a public highway.
Further ;-."some recent cases of interest include the case of
Department of Transportation v. Fortune Federal Savings and
Loan Association, 532 So.2d 1267 (Fla. 1988) . In this case,
the Florida Supreme Court found that Florida Statutes Section
337.27 served a legi tiJaate public purpose. This statute
permits DOT to condemn more property than is necessary for
construction of a transportation facility when the state agency
saves money by doing so.
On the issues of what might constitute a taking in these
procedures, the Florida Supreme Court has held that whether a
regulatioD lUIIOUDts to a taking depends upon the cirCUlllSt:ances
of each case. Atlantic International Investment Corp. v.
State, (78 So.2d 80S (Fla. 1985). Mdi.tionally, in order to
establi..sh a t-Aldng, the landawner must sbow that the governmen-
tal agencies actions have deprived them of all beneficial uses
of the property, rather than a mere impairment of its use.
Pinellas County v. Brown, 420 So.2d 308 (Fla. 2nd DCA 1982).
The relevant factors to be considered in determining whether a
regulation is a valid exercise of the police power or amounts
to a taking have been set forth by the Florida Supreme Court in
Graham v. Estuary ProPerties, Inc., 399 So.2d 1374 (Fla. 1981).
These factors include: whether there is a physical invasion of
the property, the degree to which there is a diminution in
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City Commission
April 19, 1989
Page 4
value of the property, whether the regulation confers a public
benefit or prevents a public harm, whether the regulation
promotes the health, safety, welfare, or morals of the public,
whether the regulation is arbitrarily and capriciously applied,
in the extent to which the regulation curtails investment-
backed expectations.
In a recent case decided by the Florida Supreme Court, the
Court ruled that a taking may also occur when a governmental
action causes a substantial loss of access to a land owner' s
property, even though there is no physical taking. This rule
was established in Palm Beach County v. Tessler, a decision of
the Supreme Court in the early part of 1989. There the Florida
Supreme court found that a taking occurs if a property owner 's
right-of-access has been Substantially diminished by government
action, when considered in light of the remaining access to the
property. Fortunately, however, the court qualified this rule
by stating that the loss of the most convenient access does not,
constitute a taking or other suitable access continues to
exist. Furthermore, a taking has not occurred where governmen-
tal action causes the flow of traffic on an abutting road to be
diminished .
It should also be noted that the courts have generally recog-
nized tbat setback ordinances are a legitimate exercise of a
municipalities pOlice power. See Gareib vs. Fox, 274 US 603,
47 Supreme Court 675 (1926).
It has also been argued that a landowner must actually have to
have some type of building or development permit denied before
an inverse condemnation action could be pursued, since the
filing of a map of reservation or the like itself only prevents
other gove..lIwo:ntal agencies from issuing development permits.
The inverse condemnation litigation itself would be against the
agency actually denying the permit. See Pine11as COunty v.
Brown, 450 So.2d 240 (Fla. 2d DCA 1984). AdQitionally, ptlJ:_
suant to Florida Statutes Section 337.273(7)(e), the liability
for such an action could be shifted to the agency which
actually filed the map of reservation.
Another interesting recent. case fran the First District Court
of Appeal is found in O'Connor Development Corp. v. Depa...L.....nt
of TransPOrtation, 533 50.2d 800 (Fla. 1st DCA 1988). In
0' Connor , the First District Court of Appeal reversed the
dismissal of an amended cCllllplaint which alleged that an inverse
taking had occurred by the DCtl' because of. the denial of a
building permit by a city. The city had relied on the repre-
sentations of the DCtl' that the property was necessary for
widening the road and: required a 20 foot setback for
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City COl1llllission
April 19, 1989
Page 5
construction to accommodate the future widening. Mr. O'Connor
then deleted the 20 foot strip from the sales contract to
McDonalds Corporation. When DOT determined that the 20 foot
strip of land abutting the road was not necessary for the road
widening, the land owner filed an inverse condemnation com-
plaint. The First District Court of Appeal reinstated this
lawsuit to be pursued to trial.
In contrast, in Department of Transportation v. Donahoo, 412
So.2 400 (Fla. 1st DCA 1982), this same Florida Appellate Court
held that neither the DOT's failure to purchase or condemn
property, nor representations made to property owners in
connection with a possible purchase of property, constituted a
taking.
Other recent cases of the United States Supreme Court also
should be noted, such as the ruling in First English Evanqeli-
cal Lutheran Church v. County of Los AnCJeles. I07 Supreme Court
2378 (1987). In First Enqlish. it appears that the Supreme
Court has ruled that caupensation would be required for tempo-
rary takings, but that compensation would be limited to the
period when the government insisted that a building permit not
be issued.
Even though the Tessler case seems to say that each denial of
access must be tested on a case by case basis to deteDlli.ne if a
substantial diminution in access has occurred. the Supreme
Court has recognized the right of governments to deny or limit
access so long as sufficient access still remains. See Anhoco
v. Florida Turnpike, 144 So.2d 793 (Fla. 19621. Thus, it does
not appear that the Tessler. decision. has Substantially changed
the emphasis of the legiSlative act, but it certainly may
increase the amount of resistance by land owners and potential
litigation that may ensue when a muniCipality takes steps. to
restrict the number of access points or locations of access
points to a property through the site plRnning or subdivision
platting process.
If you would like any additional information on any of the
matters set forth herein, please contact me personally.
~h
cc: Walter O. Barry, City Manager
Frank Spence, Director of Development Services
Lula Butler, Director of CaIIIIW1ity Improvement.
David Kovacs, Director of Planning and Zoning
Jerry Sanzone, Chief Building Official
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April 20, 1989
MEMORANDUM
TO: WALTER O. BARRY, CITY MANAGER (") >Z--
THRU: FRANK R. SPENCE, DIRECTOR, DEVELOPMENT SE~~~
FROM: LULA C. BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: REQUEST TO APPEAL CAB'S CONDITIONAL APPROVAL OF
BUSINESS SIGN - "BODY BALANCE"
Ms. Teri Gautier, owner of Body Balance, located at 419 E.
Atlantic Avenue, formally request the right to appeal the
conditionQl approval by CAB of her business sign to the City
Commission. This appeal is submitted in accordance to Chapter
162.100 of the City of Delray Beach Code of Ordinances governing
this action. It is my understanding that Ms. Gautier proceeded
to invest in materials and supplies to construct her sign prior
to CAB's review. The conditional approval has a financial impact
to the customer. It is the department's policy to inform
customers that even though their sign application submission may
conform to sign codes, CAB's review and approval is required and
that the Board may require revisions. Permits are not issued
until the Board's review and approval is completed.
Staff's detailed report and the minutes of the CAB meeting where
the sign application was reviewed are attached. Commission
action is required.
cc: Joyce Desormeau
B:GAUTIER:WOB/LD2
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Teri Gau tier
Body Balance
419 E. Atlantic Avenue
Delray Beach, FL .3.348.3
(407) 265-.3445
April 18, 1989
Ci ty Council
Ci ty Hall
Delray Beach, FL
RE, City Council Meeting - April 25, 1989
Dear Sir/Madam,
I appeared before the CAB on Wednesday, April 12, for approval
of my business sign. The Board agreed that I was well within
all code stipulations but felt the size of the sign may upset
the surrounding merchants. The Board disapproved the sign.
I wish to appeal to the City Council. Enclosed, please find a
diagram of the storefront and its dimensions and a diagram of
the sign. I will bring a pho~ograph to the appeal that will
show the storefront is recessed from the surrounding storefronts
by approximately four feet and the wall space for the sign is
approximately five feet higher than that used by the surrounding
storefronts. The sign would be larger than those of neighboring
merchants but it would also be about six feet further from the
street and has been tastefully designed in keeping with an up
market retail district.
Thank you for your consideration in this matter. I look
forward to posting my business sign as soon as Possible.
Yours faithfully,
~'r~"
Teri Gau ti r
Proprietor
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MEMORANDUM
To: Lula Butler, Director Community Improvement
From: Joyce A. Desormeau, Dcc. Lic. & Sign Admin. ~
Date: April 19, 1989
Subject: BODY BALANCE SIGN APPEAL
---------------------------------------------------------------------------
A sign application was submitted for a flat wall sign by Teri Gautier owner
of Body Balance, 419 E. Atlantic Avenue.
This office had been in contact with Ms. Gautier several times before
application informing her of the permitting process, which included
submitting the necessary sign and building size, sign location on a building
elevation, sign wording and colors with her application. She was also
informed CAB would review submitted colors and size before a permit could be
issued.
Ms. Gautier proceeded to submit just the application form without any of the
requested information. We again advised her of the necessary information
needed, which she then submitted. At that time she was advised to attend
the CAB esthetic review for colors, size and location on April 12th.
The sign does conform to the sign code. It has black wording on a white
background, with logos on either end of the sign. The sign is 18 feet long
and 2.5 ~igh, which is 45 square feet. The business is permitted 85
square f . .
The application was reviewed by CAB April 12, 1989 and was approved with the
conditions that the letter height be reduced from~ feet to 16 inches and
the length be reduced from 18 feet to 12 feet. Discussion included comments
that business signs in the downtown area were considerably smaller in size.
The board also noted the Sun Sentinel sign facing 1-95, which is on, a four
story building was reduced to two feet by the board, and they felt downtown
signage should not be high profile as an industrial area.
c: Jerry Sanzone
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MINUTES: Communlty Appearance Board Heeting - draft - -
April 12, 1989
Page 9
1 Represented by Hike Danforth. Mrs. Ridge moved to approve. Seconded by
Hrs. Courtenay. The vote was as follows:
Virginia Courtenay Yes
Jim Smi th Yes
Richard Eckerle Yes
Kimberly Ridge Yes
William Wilsher Yes
23. DELRAY BEACH MALL
1668 SOUTH FEDERAL HIGHWAY
WRI ASSOCIATES 272-1781
PRELIMINARY REVIEW
FREE-STANDING SIGN
Represented by Jim Johnson. The sign is to be located at Linton and
Federal Highway and would be a pylon sign. The sign presented is a
change from the preliminary sign. The proposed sign includes a reader
board for the tenants. The owners felt the original sign would block
the mall. This sign is 18' in height. Mr. Wilsher felt the proposal ~(
was not in character. He suggested dropping the sign height, using a II
monument sign without a reader board or a monument sign with heavier i1
columns.
24. WATERl10RD VILLAGE
995 CRYSTAL WAY
SHELTER CONSTRUCTION (803-239-1574)
1 FREE-STANDING SIGN
Represented by Jay Kotz. The board will be approving the wall and the
sign. The colors are white, blue and chromatic gold. Mr. Smith moved
to accept as presented for the wall and the sign. Seconded by Mrs.
Ridge with the vote as follows:
Kimberly Ridge Yes
Jim Smith Yes
Virginia Courtenay Yes
Richard Eckerle Yes
William Wilsher Yes
25. BODY BALAMCB
419 EAST ATLANTIC AV1!NIJE
BODY BALANCE OWNER 265-3445
1 FREE-STANDING SIGN
Represented by Terry Gautier. The proposed sign is to be in white with
black letters and a black border. The members felt the sign was too
large. The lettering was 2' in height and the sign length was 18'.
Mrs. Ridge moved to accept the sign with the letters not to be greater
than 16" and the length to be plus or minus 12' including the option of
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MINUTES: Community Appearance Board Heeting - draft . I
April 12, 1989
Page 10
the logo; the background is in white; the lettering in black and the
border is in black. Seconded by Mr. Smith with the vote as follows:
Jim Smith Yes
Virginia Courtenay Yes
Richard Eckerle Yes
Kimberly Ridge Yes
William Wilsher Yes
26. DISCUSSION - City of De1ray, Breezeway Sign Ordinance Change
Represented by Roger Saberson. Mr. Sabers on stated the proposal before
the Board is for signs on breezeway. Particularly, the Boca Ray Plaza.
There is an area in the center in which the stores are not visible from
the parking area since there is a breezeway. He is requesting these
tenants be allowed to have a sign at the front of the breezeway. It has
been discussed with staff and the City Commission and an ordinance has
been presented. In lieu of the flat wall sign, the breezeway sign would
be used and Hr. Saberson said this suggestion was acceptable. Hrs.
Desormeau stated an under-canopy sign or a projecting would be allowed. ~(
A sketch and a site plan were presented. The members were concerned 51
about the possible size of the signs. Hr. Saberson stated the signs may t( ~
be 1 1/2' by 7'. The signs would fall within the ordinance, he added.
Hrs. Ridge stated the Board would need to review the signs. Mrs.
Desormeau stated two ordinances were being presented to the Board for
them to decide which they prefer. The members felt they needed a better
presentation since the signs appeared to be rather large. After
reviewing the two ordinances, Hr. Smith moved to accept the ordinance
without the limitation on the acreage. Seconded by Hrs. Ridge. Passed
unanimously.
HINUTES
Hr. Eckerle moved to approve the Minutes from the Heetings of Harch 9,
1989 and from Harch 22, 1989. Seconded by Hrs. Ridge. Passed
unanimously.
ADJOIlRNHENT
There being no further business to come before the Board, The meeting
adjourned at 11:30 p.m.
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[ITY DF DELRAY BEA[H ?'
CITY ATTORNEY'S OFFICE ""S.I I" SIRII r. SL IfI 4 I'" k \\ IJI It 1I.110RIIl\ ."4S' ,,,, '". ,'"
ME.'roRANDUM
Date: April 12, 1~89
T:> : Wal ter O. Barry, City Jlanager
From: Herbert W. A. Thiele, City Attorney
Subject: Division of Retirement Notification
Concerninq Retirement Contributions
As you may be aware, the Division of Retirement has notified a
number of cities, including the City of Delray Beach, that they
have changed their methodology or rule regarding review of the
manner by which cities are making contributions to their
employee pension plan.
This fact has been noted in recent correspondence transmitted
to you, as well as the notification -appearing in the recent
issue of the Florida League of Cities datagram.
In these letters, the Division has taken a position that these
local governments, like the City of Delray Beach, must make
quarterly payments to employee pension funds durinq the year in
which the benefits are accruing. The practical effect of this
policy change is that many cities will be required to acceler-
ate their payment of contributions to employee pension funds so
that all contributions required for a given fund year are paid
during that same fund year.
Our office as well as other cities have expressed grave con-
cerns about this policy.
The City Attorney's office recently coordinated a meeting
involving representatives from some cities in the Palm Beach
County area, as well as pension actuaries and the City's
Finance Director, David Huddleston.
After much discussion, it is my opinion that this matter should
be placed on an upcoming City Conunission regular meeting for
further consideration and direction to the City Attorney's
office to file a challenge to this policy of the Division of
Retirement. It is our position that this practice of the city
and other affected cities has always been accepted by the
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Division of Retirement, that it has been acceptable in the
public and private and sectors for years and that our methodo-
logy is supported by the current rules regulating such sub-
jects.
Although we may certainly endeavor to have the Division of
Retirement rescind its decisions on this subject in advance, we
believe that this is an important enough legal issue, in
addition to the serious financial impact, that we should
formalize your direction to challenge this decision in the
appropriate form as soon as possible.
If you have any questions concerning this matter, please
contact me personally since I was reluctant to put additional
details in the course of this memorandum since this may result
in a litigation-like matter in the upcoming weeks.
JY'
HT:mkl
cc: David Huddleston
James Linn, Esq.
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[ITY DF DElRAY BEA[H ."' 0(..
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;{)(I~, v.' 1'1 A"fNtJt: UllH...'. tHi,t.,. f-LOHIOA J30144 4071]4J.10l'YJ
April 6. 1989
State of Florida
Department of Administration
Division of Retirement
Cedars Executive Center. Building C
2639 North Monroe Street
. Tallahassee. Florida 32399-1560
ATTENTION: Charles Slavin. Actuary
Bureau of Local Retirement Systems
SUBJECT: The City's Contribution Deposit Schedule for the
General Employees' and Police and Firefighters'
Retirement Programs
Dear Mr. Slavin:
We are appreciative of your interest and concern relating to the City's
contribution deposit schedule to our retirement programs. The City has an
annual actuarial report prepared each year for each retirement plan. The
reports clearly indicate the deposit schedule by referencing the City's
fiscal year in which the deposit is to be made. The City annually budgets
and deposits into each fund the actuarially defined employer contribution
amount.
The City has in past years taken the position. based upon the actuarial
report. that we could make the entire contribution in the first quarter of
the fiscal year rather than spreading the amount over four quarterly
payments in the fiscal year. The City's position exceeds the minimum
quarterly requirement and has provided additional benefits to the plans and .
our taxpayers.
The retirement programs have been able to invest in equities which
traditionally out-perform the short-term investment instruments that are
available in the General Fund. Also the City eliminates the additional
administrative costs to include the cost for wiring funds quarterly.
The City has utilized both the quarterly payment and first quarter annual
deposit method during previous years. The. City has also reported our
methodologies to the State and we have not, until this year. received any
comments from your office.
You will note that our actuaries add an interest charge to the city
contribution to recognize that payment will not be received until the first
quarter of our fiscal year. The addition of this interest charge puts the
trust funds in roughly the same position (on average) as it would have been
if quarterly payments were made tbroughout tbe calendar year. Therefore.
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Page Two
April 6, 1989
there is no loss in income to the trust funds. Since there is no such loss
to the trust funds, we do not believe thst costs are being shifted from
current to future taxpayers. After all, the taxpayers that would be paying
for contributions during the calendar year are essentially the same
taxpayers that are paying for Contributions at the end of the same year.
It is the City's position that a total annual contribution in the first
quarter complies and even exceeds the "deposited at least quarterly"
provision.
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Very truly yours,
CITY OF DELRAY BEACH
~H~~
Director of Finance
DMH/sam
cc: Walter O. Barry, City Manager
Herbert W. A. Thiele, City Attorney
Lt. Gerald Paller, Secretary, Police and Firefighters Pension Board
Wallace Wilson, The Wyatt Company
Stephen Palmquist, Kruse, O'Connor and Ling
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~{*'.~,,'~'::"'I'ttt L No. 407 2(8 4 ) Apr 21.89 12:28 F.02
EITY DF; DELRAY BEAEH "'~ ",' (1
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CITY' A""ORNEYIS. OFFICE . .--~.::..._.... ihooo_...._>:D..............
KII .'. 310S.~.lstSTRHT.sunc4 llCLRAV DfA('H.rtORIIJA3).S3 30;/243.7090
MEMORANDUM
Date: April 20, 1989
To: Cit.y Commission ~
Froml Jeffrey S. Kurtz, Assistant city Attorney ~
Subject: Status of City v. Booi Services, Inc. (Marina Delroy)
I.itigl1t.lon
The city Commission had previously approved the settlement of
this 11 tigation matter. The anticipated parties to such a
. settl"3ment wore to have been the perspective purchaser and
c~\rrent operator of the property, John Milroth (Erie Proper-
ties), the court appointed recei.ved on the property, Christian
Carlsen, David Graham (Grameo, Inc.) and Southaast BanK, N.A.,
which controlled the mortgaqes on the property which had been
foreclollcd.
It waa anticipat.ed. that the settlement agreement would have
been entered into upon Southeast Bank becoming the record title
holder of the property. Judge LUpo had entered an order
granting Southeast Bank t s foreclosure on the property back in
1988, which had been subsequently appealed to and finally
affirmed by the Fourth District Court of Appeal on. 01' about.
March 1, 1989. Southeast. Bank then had to wait for the appeal
period to the Florida supreme Court to run, which expired on or
about. March 31, 198.9 without an appeal being filed. Southeast
Bank, following the running of the appeal period, was them able
to petition the Circuit. Court to enter an order granting them
I ti tle to the propert.y. Southeast Bank did petition the court
, for ouch an ordGr, and unfortunately saic1 petition was denied
because of outstanding bills owed to the attorneys for the
court appointed receiver. These bills total approximately
$33,000.00, and Southeast Bank initially balked paying them so '
t.hat as of Apr.il 19, 1989 Southeast Bank did not have t1 tle to
the'property, as such they were unable and unwilling to enter
into the agreement in a timely manner.
, The issue of timeliness raised it.llelf when Judge Burr. called
1 the parties to triaL Despite the pending settlement, Judge
Burk orclel'ed that a triaJ. on the mer1.ts bc hold, and after
hearing evidence that was presented, he ruled in favor of the
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CIrf RTTORNEY'S OFFICE TEL No. 407 278 4-.S Rpr 21.89 12:29 P.03
City Commission
....prU 20, 1989
Page 2
Cit}'. A oopy of the proposed Final Judgment is attached hereto
for your perusal. It is anticipated that prior to your April
25 Commission meeting, Judge Burk will have executed the Order.
This item is on your agenda for discussion and direction as to
how t.o proceed at this time. Since Judge Burk ruled that the
nonconforming use had lapsed, the City may begin code enforce-
ment. procedures to terminate the hotel use. The bal' and
t'cst;aurant have not been opened since August of 1988, However,
the current operator would still like to convert the property
to an ACLF under the previously agreed to conditions. Under
the settlement agreement that the Commission agreed to, certain
code provisions relating to the I number of units and offsite
parking wore going to be waived. Without. the pendency of
litigation, it would be necessary to hold public hearings in
order to pass the waivers necessary to allow the conversion.
Furthermore, the Judge's ruling has altered the bargaining
position of all ~arties.
.
The Commi,ssion should be aware that Southeast Bank has wi thin
its power the ability to acquire title to the property at any
time Simply by paying all the outstanding bills, and lllay have
done so prior to the final order being signed by the Judge or
the Commission meeting of April 25. southeast Bank may attempt .
to appeal the Judge I s decision or contest the validity of lts
applicab.1.lity to Southeast Bank so that further litigation on
this matter remains a potential.
It i.s antic.l.pated that Mr. MUroth, and possibly a representa-
tive from Southeast Bank would be' in attendance on Tuesday
night.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSJ(:sh
IIttac.:hment
co: Walter o. Barry, City Manager ,
Frank Spence, Director of Development Services
David Kovacs,. Director of Planning and Zo~ing
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CITY DF DELAAY BEACH
. :00 ~'''' 1~t AVENuE -)El~AY BEACH, FLORIDA 33444 :.105,243.7000
MEMORANDUM
TO: Mayor Doak S. Campbell
Vice Mayor Mary McCarty
Deputy Vice Mayor Patricia Brainard
Commissioner Jimmy Weatherspoon
Commissioner Bill Andrews
FROM: Anne M. GannO~ir, Delray Beach Child Care Task Force
SUBJECT: Child Care Task Force Recommendationl
.
DATE: April 18, 1989
The Delray Beach Child Care Talk Force convened itl firlt me.tinq
January 11, 1989 and each subsequent month thereafter to disculs how
the City can identify and meet the child care needs of the community
and City employees.
Our primary discussions focused on the funds ($74,000) budqeted for FY
88-89, line item 001 6311 562 80.15 to the FLORENCE FULLER CHILD CARE
CENTER in Boca Raton versus the actual money spent ($37,314) for this
budqet year. The line item is $36,695.00 under the budget. This
surplus is due to a chanqe in the match required for Title XX funds by
HRS.
Our committee is requestinq these funds be allocated to the COMMUNITY
CHILD CARE CENTER for payments of architectural fees for construction
of their new buildinq. We are also requestinq an allocation of
$40,000 in the FY 1989-90 budqet.
THE CCCC hal provided us with two scenarios (attached) of how these
funds will be uled. The conlensus of the Child Care Task Force was to
open up 15 Ilotl for familiel above the income level of $12,700 with an
additional staff perlon. Either proposal is acceptable.
Our committee stronqly recommends the City develop a questionnaire to
access the Child Care needs of all City employees. After the
assessment is completed it is our recommendation a proqram be developed
to meet those needs. It is this committee's wish that Delray Beach
develop a model program for use in cities throuqhout the county and
state.
THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: John W. Elliott, Jr. , Assistant City Manager
Management Services
FROM: Ted Glas, Purchasing Director
DATE: March 20, 1989
SUBJECT: Bid/Performance & Payment Bond Requirements
In answer to the City Manager.s question of how the new
policy changes what's in place now, the following is
submitted:
The old policy is rather vague on stating who makes the
decision of whether to use bonding or not under $50,000.
Since I've been here the decision has usually been made by
the Using Department and myself when the expected cost
is under $50,000. We have tried to use good jUdgement using
the guidelines of advantageous & disadvantageous as outlined
in the new policy. Many cities leave this decision to the
Purchasing Department. Other cities have thresholds where
bonds are always used when the estimated cost reaches
specified levels.
With the revised pOlicy, the decision on whether or not to
use bonding will be made by the City Manager prior to
specifications being finalized. A procedure will need to be
established via the Assistant City Manager for Management
Services to accomplish this.
4d ~
Ted Glas
Purchasing Director
Attachments:
Final Draft of Revised Policy
Copy of old, existing policy
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City of ADMINISTRATIVE SUBJECT: PURCHASING
POLICIES AND PROCEDURES BID/PERFORMANCE AND PAYMENl
De' ray MANUAL BOND REQUIREMENTS
8 e a c h NUMBER REVISIONS EFFECTIVE DATE: PACE
PUR-16 1 ~ ^ "'" 1 OF 2
~ SUPERSEDES APPROVED
PUR-16 dated
Aug. 7, 1987 Walter o. Barry, City Manager
PUR-16.0 Purcoses:
The purpose of this directive is to fulfill bid/performance and
payment bond requirements. This policy excludes the Community
Development Department.
Pur-16.1 Procedures:
According to Florida Statute 255.05 BOND OF CONTRACTOR
CONSTRUCTING PUBLIC BUILDINGS: FORM: ACTION BY MATERIALMEN,
Sub-Section (1) (a).
"When such work is done for the State and the contract is for S100,OOO
or less, no payment and performance bond shall be required. At the
discretion of the official or board awarding such contract when such
work is done for any County, City POlitical Subdivision or Public
Authority, any person entering into such a contract which is for
$200,000 or less may be exempted from executing the payment and
and performance bond."
Based upon the State Statute. the City has determined that for certain
construction and demolition projects with an estimated value under
S200,OOO., the following procedure shall be followed:
When the estimated Cost of the Work is:
Between S100.000. and S200,OOO Bonding required unless waved by
City Commission for cause. Said waver shall be obtained by Using
Department Head prior to formal bid procedure.
Between S10,OOO. & $100,000. Bonding required unless waved by
City Manager for cause. Using Department Head shall obtain
waiver prior to formal bid procedure.
$10,000. & Less Bonding not required.
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It is the responsibility of the requisitioning department to obtain
written authorization as stated above to waive these bond require-
ments prior to the invitation to bid made available to prospective
bidders by the Purchasing Department.
Purchasing shall incorporate into the specifications any payment
structure, including withholding of payment. which is deemed appro-
priate for the perticular circumstances and work to be performed,
such as:
a) Withholding more than the standard 10% retainage on
progress payments until project is complete.
b) Restricting the number of progress payments -
Example - Only allowing one progress payment at
50% completion, less retainage.
When deciding whether or not to require bonding, those involved
need to consider the advantageous and disadvantageous of the i r
decision:
Advantaoeous of Bondina - Only contractors who have the
proven capability, experience, financial resources, suffi-
cient equipment and manpower are bondable. If a contractor
cannot obtain bonding, the bonding company is unconvinced
that he will perform per the specifications.
Disadvantaaeous of Bondina - Restricts competition to only
oroven capable contractors. Cost of project is increased
by the cost of the bond, and sometl.mes increased because
contractors know competition is reduced to only a few.
Advantaaeous of No Bonds - More contractors are able to
compete for City business. Smaller contractors with less
or little experience and resources get a chance to prove
themselves and to grow into larger and more reputable firms.
Disadvantaaeous of No Bonds - The City accepts the respon-
sibility of determining the capability of contractors
instead of a bonding company. The City assumes the exposure
and risk that the awarded contractor may not perform in accor-
dance with the specifications.
Each project shall be evaluated on its individual merits in the
process of determining whether bonding will be required or waived.
If the contract involves mainly labor services rather than a contract
which is " materials heavy", and is under $50,000. in cost, the bond-
ing requirement shall be routinely waved.
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City of ADI'lI NISTRA TlVE SUBJECT. PURCR~SING
POLICIES AND PROCEDURES BID/PERFORHANCE AND PAYMEN
Defray MANUAL BOND REQUIREMENTS
( Beach NUMBER REVISIONS
EFFECTIVE DATE: PAGE
PUR-16 0 August 7 . OF 1
~~ SUPERSEDES
0 James L. Pennin9ton,
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PUR-16.0 PurDose:
lhe purpose ot" this directive is to t"ult"lll bid/pert"ormance and
payment bond requirements.
PUR-16.l Procedure:
According to Florida Statute 255.05 BOND OF CONTRACTOR CONSTRUCT_
ING PUBLIC BUILDINGS: FORM: ACTION BY MATERIALMeN, Sub-Section (1)(a) .
.When such work is done t"or the State and the contract is t"or $100,000
or less, no payment and pertormance bond shall be required. At the
discretion ot the otticial or board awarding such contract when such
work is dOone for any County, City Political Subdivision or Public
Authority, any person entering into such a contract which is for
$200,000 or less may be exempted t"rom executing the payment and per-
formance bond."
o ,
Based upon the State Statute, the City has determined that for certain
construction and demolition projects with an estimated value over
$50,000 and under $100,000, the City Manager reserves the right to waive
bid and/or pert"ormance bond requirements.
It is the responsibility ot th.e requisi t'ioning departments to obtain
written authorization t"rom the City Manager to waive these bond require_
ments prior to the invitation to bid being made available to prospective
bidders. Payment schedules will be determined by the requisitioning
departments with the City Manager's approval prior to the bids being
made available to the prospective bidders or the requisitioning depart_
ment may request that the prospective bidders provide their (lraw
schedule which must accompany their bid proposal.
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MEMORANDUM
RECEIVED
APR2 5 89
TO: ~ Robert A. Barcinski I COMMUNITY SERVICE
Assistant City Manager/Community Services
FROM: ~ David M. Huddleston
Director of Finance
SUBJECT: Aeration Tanks Funding
DATE: April 25, 1989
There is presently a balance of $1,263,935.14 in the 1984 Water and Sewer
Bond Issue for Project Number 339402 (seven Western Water Supply Wells) .
If you do not have current plans to utilize these funds for the wellfields,
then it would seem appropriate to rebudget these monies for the aeration
tanks. Your memorandum of April 24, 1989 indicates that the total amount
would not exceed $1.3 million--the difference could come from the
Contingency Fund which has a balance of $494,168.92.
I would suggest that we meet at your earliest convenience to discuss the
possible reappropriation of projects contained on the attached list. The
City should do everything possible to expedite the expenditure of these
Bond funds.
DMH/sam
Attachments
cc: Walter O. Barry, City Manager
Larry Martin, Acting Public Utilities Director
Barbara Schooler, Acting Project Cost Accountant
MEMORANDUM
TO: David Huddleston, Director of Finance
FROM:~obert A. Barcinski, Asst. City Manager/Community Services
DATE: April 24, 1989
SUBJECT: Agenda Item 39 - April 25, 1989 Commission Meeting
Ratification of SCRWTD Board Action
Engineering Contract for Camp, Dresser & McKee
Please provide a funding source for the engineering contract to cover
aeration tanks and/or effluent pump station expansion in an amount not
to exceed $ 1. 3 million. Need this information by 4/25/89, 12:00 p.m.
Possible suggestion would be to utilize the leftover funds from the
Western Wellfield Acquisition if available.
Thank you for your assistance.
RAB/sfd
cc: Walter O. Barry, City Manager
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MINUTES OF THE dPECIAL MEETING OF THE SOU~rl CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD HELD THURSDAY, MARCH 16,
1989, 5:45 P.M., AT THE REGIONAL WASTEWATER FACILITY, 1801 NORTH
CONGRESS AVENUE, DELRAY BEACH, FLORIDA.
PRESENT
BOYNTON BEACH DELRAY BEACH
MAYOR RALPH MARCHESE MAYOR DOAK CAMPBELL
VICE-CHAIRMAN EZELL HESTER MS. MARIE HORENBURGER
MR. ROBERT OLENIK, JR. MS. MARY McCARTY
MR. LEONARD MANN MS. TRISH BRAINERD
MS. ARLINE WEINER
A. CALL TO ORDER
VICE-CHAIRMAN HESTER called the Special Meeting of the South
Central Regional Wastewater Treatment and Disposal Board to
order at 5:45 p.m.
B. ROLL CALL
Roll was called and quorum was present. Absent at roll call
were Mayor Campbell, Mr. Olenik, and Chairman Weatherspoon.
Mr. Olenik arrived at 6:00 p.m. and Mayor Campbell arrived
at 6:05 p.m.
C. PROOF OF NOTICE OF MEETING
MOTION MADE TO WAIVE PROOF OF NOTICE OF MEETING.
Motion seconded and carried 7-0.
D. ACCEPTANCE AND/OR CORRECTIONS TO MINUTES OF REGULAR QUARTER
ANNUAL MEETING HELD JANUARY ~ 1989.
MOTION TO APPROVE THE MINUTES OF THE REGULAR QUARTER ANNUAL
ME~ING HELD ~ANUARY 19, 1989.
Seconded and carried 7-0.
E. REPORT OF ENGINEERS
l. Dresser & McKee Engineers
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packet )
the Board there were a couple of items
Plan that needed to be brought before
changed since the Plan was discussed
in J uary. On Februa 9th a Draft of the Master Plan was
submitted to the Board's t hnical staff and the two cities
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MS. WEINER secon~_d the motion.
Motion carried 9 - O.
2. Board Approval - Engineering contract COM
Covering Aeration Tanks and/or Effluent Pump
Station Expansion
(Copy included in packet)
MR. FEDERSPIEL stated that following the last meeting the
Committee negotiated a contract with CDM. Mr. Fuller will
describe the contract that was negotiated. It is fairly
involved and has been broken down into a number of tasks.
Then if there are any questions he would answer them.
MR. FULLER pointed out that a copy of the contract is in
the packet. One thing that was talked about at the
presentation was the fact there was a need for continuity
of the projects. We discussed with the Negotiating
Committee the incorporation of the pump station and
electrical services expansion that are needed to give us the
capacity from 16.2 mgd, where it is currently, to 24 mgd.
We broke those services out separately from the Odor
Abatement Project into a series of task orders. The contract
is broken into a series of 8 task orders. In addition,
these individual task orders give the Board options in
structuring the scope of the services. Each task order will
require separate Board authorization before work can begin.
The way the contract is structured there is a Preliminary
Design phase and in this phase the pump station will be
rerated to 18 mgd and permitted. We would also do the
preliminary design on the expansion of that pump station to
24 mgd. Associated with this is the upgrading of the
electrical services needed. Also in the Preliminary Design
is the development of the exact Odor Control Abatement
System that will be proposed for the aeration basins. The
layout of the aeration equipment, blower building and the
odor technology to be used.
The second task order deals with the Final Design of either
the Odor Abatement System, the new electrical service
and/or the pump station. The Board has the option to
authorize any appropriate combination of these three
projects. The combinations would be the Odor Abatement
System and the electrical service or the Odor Abatement
System and electrical service and the pump station or the
electrical service and the pump station.
MS. WEINER commented that she did not understand why it was
lumped together like that.
MR. FULLER replied the reason this was done this way is
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because th, }rojects are on the same Jnstruction tract.
The projects could be brOken out separately , the pump
station could be done separately from the Odor Abatement
project but you would have two projects being designed and
two construction periods overlapping. There is a certain
amount of economy associated with design and construction
when put together as one contract. There is also the concern
if you have two contractors on site , working in the area at
the same time, there is a potential for claims resulting
from one contractor delaying the other. It is such a small
site that there are a lot of reasons to combine the projects
into one if they are all in the same time frame. Plus the
construction work is very compatible. The contractors who
would build the pump station would also work on odor
abatement type projects.
MR. FEDERSPIEL interjected that there is a time frame
involved before you have to go on two separate tracts and
he asked Mr. Fuller to describe it.
MR. FULLER stated what they recommended is the Preliminary
Design Service Task Order be authorized and the Odor
Abatement, the electrical service evaluation and the pump
station rerating and preliminary design be done. We could
then define the scope of these projects in greater detail
that could be done at a Master Plan level. Then the costs,
equipment, and technology required could be set out. Then
make the decision on which combination you want to go with.
The contract for the whole package of services to complete
the project from preliminary design services, final
design, bidding. permitting services, construction,
resident engineering services, operator training, o & M
Manua I for the new facilities and start-up services
has been included in the contract. The cost are all
identified for each service or the combination of projects.
MAYOR CAMPBELL asked what the total cost wou ld be if
everything was done.
MR. FULLER replied if you did everything it would be 1.39
million for the design. The estimate for the construction
cost for these three projects is II million dollars at this
point. It breaks down to 5.5 million for odor abatement
project, 1.5 million for electrical system upgrade and 4
million for the pump station.
VICE-CHAIRMAN HESTER asked if there were any other
questions.
MS. WEINER asked Mr. Fuller about a report made in an
earlier meeting regarding the pumps needing another million
dollars. Is this included in this portion ?
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MR. FULLEh replied there was a ~_estion asked about
upgrading the existing pump station and we estimated- a
million dollars to upgrade. This would not however get you
up to 24 mgd. It would get you to 20 or 21 mgd and you
would still need to do some additional modifications to the
pump station. So it was our recommendation that a separate
expansion to that pump station be made because if plant
flows go above 24 mgd physically that pump station is not
expandable in its current layout. We propose that adjacent
to the existing pump station to add a supplemental pump
station. This would allow us to deal with growth as well as
handle 24 mgd.
MS. WEINER commented what we are talking about is 5.5 million
dollars for odor abatement and 5.5 million for plant
expansion to bring it up to 24 mgd.
MR. FULLER answered yes, plus the design services.
MR. OLENIK commented the design services seem to vary from
962 to a high of 1.39. A difference of around half million
dollars.
MR. FULLER replied this shows the savings you get in
duplicate services, especially during construction.
MAYOR MARCHESE commented the more coordination we can get
during these various steps the less money it will cost us.
MAYOR CAMPBELL inquired if motion was needed on this. He
also asked if staff of the two cities looked at the numbers
and are they assured and that they go on record as being
fair and reasonable services and cost involved.
MR. GUIDRY answered yes. The staff had spent many hours
reviewing these.
MR. CHENEY asked if this amount was to bring only the
pumping station up to 24 mgd but not the whole plant.
MR. FULLER replied this brings the current capacity of the
whole plant up to 24 mgd. This brings the base plant up to
its design capacity. There may be other improvements needed
to be made due to Regulatory changes. These are being
evaluated now and will be included in the Master Plan.
MR. OLENIK commented the contract we approve tonight will
not exceed 1.39 million dollars for engineering services.
MR. FEDERSPIEL interjected that the contract approval is the
document only. You will have to authorize the task to start
the program.
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MR. FULLER added that since there was a certain amount -of
urgency associated with the pump station we would recommend
that the Board authorize Task Order I. We can then get that
work started and get the pump station rerated to IS mgd. We
could go ahead and evaluate and come up with some detailed
designs for the effluent pump station expansion.
MOTION TO APPROVE THE ENGINEERING CONTRACT OF CDM FOR COVERING
AERATION TANKS AND/OR EFFLUENT PUMP STATION EXPANSION IN THE
AMOUNT NOT TO EXCEED 1.39 MILLION DOLLARS.
MS. WEINER moved the motion be approved.
MR. OLENIK seconded the motion.
Motion carried 9 -0.
TO AUTHORIZE CAMP DRESSER AND McKEE TO PROCEED WITH TANK
I IN THE AMOUNT NOT TO EXCEED $119,500.
MR. so moved. /
MS. econded the motion.
Motion carrie 9 -0.
G. NEW BUSINESS /
~ Interv~~s with applicants fo~xecutive Director
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a. John Byrne
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VICE-CHAIRMAN HES ER asked that Mr. Byrne introduce himself
and tell a little his ~ack9round. Also why he would
like the job.
MR. BYRNE commented when he first came down he was not
quite sure what the fa 'lity was like. But he has been very
impressed ci ity and the personnel here. There
really appears to b a co tentment among the employees. The
facility as a go d feeling about it. Everything
seems to ing prope~ly which is quite unusual for
sewage treatmen facilities. \ It seems to be well maintained
and the emplo ees appear to be extremely well motivated and
very person Ie. I was very 'impressed with the licenses
displayed the wall. I hav~ only been to one other
facility hat has had as many l~censed operators and that
was in a 00 mgd facility in New J&rsey. By comparison the
number of employees that you have that have taken that kind
of in rest and evidently the motivation has been there from
the oard also for these employees to do that. It speaks
ve well for the Board, the personnel and the management of
t e entire faCility.
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POLICE AND PIRE COKMDNICATIONS AGREEMENT
This Agreement, entered into this day of
, 198 , by and between the City of Delray Beach,
Florida, a municipal corporation, hereinafter referred to as,
"the City" and the Town of GUlfstream, Florida, a municipal
corporation, hereinafter referred to as, "Town n .
WIT N E SSE T B:
WHEREAS, the Town desires to enter into an agreement
with the City in order to obtain Police and Fire Dispatching and
Communications Services from the City.
NOW, THEREFORE, the City and the Town in consideration
of the mutual promises and benefits hereby agree as follows:
Section l. This agreement is to become effective
as of June 15, 1988.
Section 2. This agreement shall expire, and
terminate on June 15, 1991.
Section 3. The Town shall pay twenty thousand
dollars ($20,000.00) per year to the City for Police Dispatching
and Communications Services provided to the Town from the City
for the period of June IS, 1988 through June IS, 1991. There
will be no additional assessments or reimbursements for this
period.
Section 4. The City shall provide dispatching and
communications services to include the handling of:
a. Radio dispatching of police emergency and
911 calls
b. Radio dispatching of non-emergency calls
c. Radio and telephonic dispatching of calls
for emergency medical service relayed to
the City Fire Department
d. Receiving calls for fire protection that
will be telephonically relayed to the
Town of Ocean Ridge Fire Department
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e. Electronically recording and maintaining
radio transmissions for thirty (30) days
f. Access to information from Palm Beach
Sher iff's Department's P.A.L.M.S.
Computer System and the State F.C.I.C.
and Federal N.C.I.C. Computer Systems via
radio voice or telephone voice
transmission.
g. Recording and maintaining for two years a
daily dispatch log and Incident Report
Cards to be issued a numerical identifier
and contain the following information:
1. Type of call or incident
2. Date and time of call or incident
3. Location of incident
4. Complainant or caller's name
5. Name of the assigned or responding
officer
Section 5. The Town shall be responsible for
maintenance of any radios or equipment purchased after the
execution of the original agreement, providing maintenance and
repairs as needed through a Motorola subcontractor.
Section 6. The City shall provide only
communication services and dispatching services except that the
City may unilaterally add any communications, dispatch,
information or record keeping services that enhances the City's
ability to provide that service to its own service area.
The Town shall conform to those
procedures and policy necessary to assure that the communications
and records keeping for the Town's service area is in harmony
with the communications and records keeping of the City.
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In the event that the City is capable
of providing enhancements or additions to law enforcement and
communications services which are not unilateral and the Town
wishes to avail themselves of such additions and enhancements the
Town may upon mutual agreement with the City amend Section 4 of
this contract which may necessitate a negotiated amendment by the
City to Section 3 of this contract.
Section 7. The City, its officials, agents, or
employees in providing dispatch and communication services, shall
not be deemed to assume any liability for acts, omissions, or
negligence of the Town, its employees, agent or officials. The
Town shall hold the City harmless and shall defend them against
any claims for damages resulting from acts, omissions or
negligence of the Town, its officials, agents, or employees,
subject to the provisions of Florida Statutes, S 768.28. All
liability for injury to personnel and for loss of or damage of
equipment incurred in connection with this Agreement, or in the
performance of services or functions pursuant thereto, shall be
borne by the City or the Town employing such personnel or owning
such equipment,.. and the Town shall carry sufficient insurance to
cover all such liabilities.
Section 8. The Town may terminate this Agreement
at any time following sixty (60) days written notice to the
City. After the effective date of said notice, both parties will
be relieved of any further obligations under this agreement
except nothing herein shall be construed to impair the obligation
of any contract then in effect in which the Town and the City is
a party or to relieve the Town or the City of any liability for
its negligence or the negligence of their respective employees
occurring while this Agreement is in effect. If the Town should
terminate the Agreement as herein provided and prior to June 15,
1988, the twenty thousand dollars ($20,000.00) payment referred
to in Section 3 shall be refunded on a pro rata basis.
Section 9. The City may terminate this Agreement at
any time fOllowing sixty (60 ) days written notice to the City.
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After the effective date of said notice, both parties will be
relieved of any further obligations under this agreement except
nothing herein shall be construed to impair the obligation of any
contract then in effect in which the Town and the City is a party
or to relieve the Town or the City of any liability for its
negligence or the negligence of their respective employees
occurring while this Agreement is in effect. If the Town should
terminate the Agreement as herein provided and prior to June 15,
1989, the twenty thousand dollars ($20,000.00) payment referred
to in Section 3 shall be refunded on a pro rata basis.
Section 10. The Town shall not assign this
Agreement.
Section ll. All disputes arising from this
Agreement shall be settled in a court of competent jurisdiction
with venue to be in Palm Beach County, Florida.
Section 12. All notices provided for in this
Agreement shall be in writing and either hand delivered or sent
by certified or registered mail to the party to be notified at
the following respective address which may be changed by written
notice only:
THE CITY:
Office of the City Attorney
City of Delray Beach, Florida
310 S.E. 1st Street, Suite 4
Delray Beach, FL 33483
THE TOWN:
Office of the Town Manager
Town of Gulfstream
100 Sea Road
Gulfstream, FL 33444
Notice given by or to the Attorney of either party
shall be as effective as if given by or to said party.
Section 13. The City shall retain exclusive control
over all equipment and personnel used in providing the services
in accordance with this agreement, and further the City agrees
that it may, at its sole option, institute an administrative
procedure for addressing any complaints or grievances which may
be raised by the Town over the providing of such services.
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Section 14. The City shall have the right to limit,
direct or deny access, to individual representatives of the Town,
to Information and Communications capabilities provided in
Section 4, when such access has been abused, in violation of
Flor ida Statutes, in violation of the City, County, State or
National directives and procedures governing the acquiring and
use of sensitive information and equipment, may jeopardize the
City's law enforcement effort or the representative is found to
be a security risk.
IN WITNESS WHEREOF, the parties have caused these
presents to be signed by the duly authorized officers on
this day of , 1989.
~""
FICE OF THE CITY ATTORNEY CITY OF DELRA Y BEACH. FLORIDA
CITY OF DELRAY BEACH, FLORIDA
310 S.E. 1st Street, Suite 4 By:
Delray Beach, FL 33483 MAYOR
(407) 243-7090
ATTEST:
By
City Clerk
TOWN OF STREAM
GULF FL.. 33444
(
By: -
Baroara Gw
Town Clerk
JCR20A:SRD
3/16/89
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To: Frank Spence , Director - Development services~
o '
Via: Lula Butler, Director - Community Improvement~
From: Nancy Davila, Horticulturist/Special Projects coordinator~
Re: CHANGE ORDER REQUEST WEST LINTON BOULEVARD LANDSCAPING
Date: April 10, 1989
Attached herewith is a copy of Change Order Request # 3 for the landscaping
on West Linton Boulevard. The change results in a net increase to the
landscape contractor's contract from the previous change order in the amount
of $2,650.00.
The change order covers two additional services performed by the contractor:
1) Relocation of 9 trees from the N.W. corner of Congress & Linton as
requested by Palm Beach County Engineering. The trees conflicted with the
exfiltration drainage system being constructed in that area. Although the
County had our plans for over four months, the conflict between the tree
location and the drainage was never addressed. The trees were relocated to
another area on Linton Boulevard for $50 per tree to total $450.00.
2) Watering plant materials on medians where installation of irrigation
system was delayed for six weeks. The delay was a result of having to wait
for Southern Bell and CATV to lower their lines in order for FP & L to hang
their transformers to supply power for the pumps to run our irrigation
systems. The Landscape Contractor would have finished the job at the end of
February if the project had not come to a virtual standstill. The $2,200.00
covers the manpower, equipment and water for 6 weeks.
Please keep in mind that change orders #1 and #2 resulted in a net decrease
to the contract price, and even though change order 1/3 increases the
contract it is still a net decrease of $7,102.00 from the amount of the
contract that was originally awarded.
I have filled out an agenda request form for the Commission meeting of April
25, 1989. The work on Linton Boulevard will be completed by April 13, 1989.
If you have not been by to see it, please do, it really looks good.
Joe Weldon is finalizing the arrangements for the rust inhibitor systems to
be installed for the four medians furthest east. They will remove the rust
from the islands after the systems are in place. Seven of the islands have
no rust at all.
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AGENDA REOUEST
Date: Aoril 10. 1989
Request f"or: - Workshop Date
-Y. Regular Date Aoril 25. 1989
- Consent Date
- Special Date
Description of item: ChanRe order reauest for Linton Boulevard Landscaoing
Bid # 88-105. ResultinR net increase to contract of $2.650.00 is to cover the
relocation of 9 trees necessitated bv the Countv's drainaRe at the N.W. corner
of ConRress & Linton for $450.00 and to cover the costs incurred bv the
contractor for a waterinR truck for 6 weeks while the oroiect was delaved due
to the relocation of the Southern Bell and Cable lines. FP & L could not set
their transformers to orovide power to the pumps to run the irriRation system
(Attach detail description if necessary) until the lines were lowered.
Recommendation:
Approximate Cost not to Exceed $2,650.00
Funds Available in: 333-4141-572-61.15 -
Signature of requesting Department Head:
Finance Director:
Preparation of Ordinance -
Resolution -
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CHANGE ORDER
No. 3
Dated April 10 ,198~
Project No. Linton Boulevard LandscapinR between Militarv Trail & CSX Railroad
Project Name: Bid # 88-105, Purchase Order # 016739, project # 333102
Owner: City of Delray Beach, Florida
Contractor: Tuttle's Nursery, Landscaping and LAwn Care Service, Inc.
Contract Date: N'i"\u~mh~r 7 J lQRR
To: Rr'f:m Tuttle. owner Tllttle'~ Nurserv , Contractor
You are directed to make the following changes in the subject contract:
1. Relocate 9 trees (4 Sabal Palms & 4 Tabebuias) as required by the County to
accommodate drainage filtration system at N.W. corner of Linton & Congress.
$50/tree for total of $450.00.
2. Additional watering truck services needed for 6 weeks during delays caused during ,
'relocation of Southern Bell & Cable lines. $2,200.00.
which changes are more specifically described in the, attached amended plans, drawings, and
specifications.
The reason for the change is as follows: 1. Relocation reauired by County, conflict not
identified by County durinR plan review or permittinR. 2. There was a six week delay
for Landsacpe Contra tor finishing project while we had to wait for Southern Bell & Cable
fto lowfr Ifnes so FJ & 1 cO~ld set tliaBsfoJlIlels "5'd water wouM 1he availabrl~
T e con rac price an con rac Ime sha e a JUS ed ecause of sue e anges as 0 ows:
A. Contract Price
1. Contract price prior to this change order: $165,936.00
Page One of Two Pages
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CHANGE ORDER , 3 -
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2. Net increase resulting from this change order: $2,650.00
3. Current contract price including this change order: $168,586.00
B. Contract Time
I. 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:
Attest:
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
The above changes are accepted on ,198L. I understand that all the
provisions of the Contract Document related to Project No. Bid II 88-105 which are not
inconsistent with the terms of this Change Order shall remain in effect and apply to all work
undertaken pursuant to this Change Order.
Witness:
, CONTRACTOR
By:
As to Contractor Title
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[Iry DF DELAAY BEA[H
100 \J W 1 it A'/E"'JUE 0:.LRA',' BEACH ~LOg;DA JJ444 3DS ~4:. 7000
M E M 0 RAN 0 U M
TO: Walter O. Barry, City Manager
THRU: John W. Elliott, Jr., Assistant City Man~
Management Service
FROM: Ted Glas, Purchasing Director ~~
DATE: April 4, 1989
SUBJECT: Documentation - City Commission Meeting April 25,
1989
Discosition of Fire Dect. Turnout Gear
Item Before City Commission:
The City Commission is requested to approve the donation of
used surplus turnout gear to the Florida State Fireman's
Association.
Backqround:
Per attached memorandum and disposition form from the Fire
Department, firefighters protective clothing which no longer
meets our City's standards could be used or repaired for use
by other municipalities.
Recommendation:
Staff recommends disposition of the used su rplus turnout
gear by donation to the Florida State Firemen's Association.
Attachments:
Memorandum from Fire Department
Disposition Form from Fire Department
pc Chief Koen
Assistant Chief Wigderson
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THE EFFORT ALWAYS MATTERS
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[IT' DF DELAAY HEA[N ,
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FIRE DEPARTMENT
KERRY B. KOEN
Fir. Chi.f
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MEMORANDUM
TO: TED GLAS, PURCHASING ADMINISTRATOR
FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF
DATE: MARCH 3l, 1989
SUBJECT: PROPERTY DISPOSITION OF TURNOUT.GEAR
. The Fire Department would like to donate all of our surplus
turnout gear (coats, pants and helmets) to the Florida State
Fireman's Association. In this way, the Association, through
their Turnout Gear Program, will be able to have gear available
for municipalities that cannot afford to buy the gear for their
firefighters. This turnout gear no longer meets the standards
set by our department but would be useable for the Florida State
Fireman's Association Program.
Your concurrence with this plan for the use of our obsolete
equipment would be appreciated. If you have any questions,
please call me.
~c.a!~
M. B. Wigderson
Assistant Fire Chief
MBW/mmh
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243.7400
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PROI .TY DISPOSITION, RELEASE OF l ,TODY FORM .
'3 -c9-~. ~( - ,
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DATE
THE FOLLOWING F; ;e. E DEPARTMENT PROPERTY IS: C CHECK ONE I
.x SURPLUS 0 OBSOLETE 0 TRANSFERRED TO (DEPT,)
0 OTHER
TO II CClMPLlTID IV
PURCHAIlNG ONLV
INVENTORY DESCRIPTION MODEL & LOCATED AT .CON- "Oil. AMOUN1
NUMBER SERIAL NO. DITION 'llIm00l
7~ Ct..o~E 7U.A.,J 0....' CL'.Ji,S / (,7/ /-j ~.~:r kit;
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<l<D (;.Lo::S f 7L;./{AJ"~ (' r)?;j{ r ~7/,) Sl?9. 1 '3 Wo
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'P#ll- ' " #~/l roo" '^
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.CONDlTION ..DlSPOSITION
UNUSED ....... UU USABLE .......U AUCTIONED . . . . . 1 SOLD SCRAP ...4
WORN OUT ..... WO CANABALIZED . . . C THROWN AWAY. . . 2 TRANSFERRED. ..6
REPAIRABLE ... R NOT REPAIRABLE. NR FORMAL BID . ..3 OTHER. . . . . . . . . 6
CERTIFICATION AS TO: ~ DATE -q - Z?- $.q
STATUS - DEPARTMENT HE~'f". t.eJ, t4-cJ/\
DISPOSITION - PURCHASING DATE
RECORDED - FINANCE DATE
RETAIN PINK COPY FOR YOUR RECORDS, FORWARD TO PURCHASING.
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MEMORANDUM
To: Walter Barry, City Manager ~
Thru: Frank Spence, Development Services Director~
Lula Butler, Community Improvement Director
From: Joyce A. Desormeau. Occ. Lic. & Sign Admin. ~
Date: April 13, 1989
Subject: AMERICAN HEART ASSOCIATION REQUEST FOR FEE WAIVER
-----------------------------------------------------------------------------
American Heart Association is submitting for commission consideration a
fee waiver request for charitable solicitation.
Delray Beach Code 118.27 required $340.00 be collected from the Association
during their last drive in March 1989.
The Heart Association is aware a similar waiver was granted to the United Way
and they are asking for the same consideration and refund.
c: Jerry Sanzone
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500 H.E. S~nl'" R_ &MI.. m. _ Raton. Flortda 33431-451e
t 407/384-0170 27e-7222
o American Heart
Association
South County Office
April 11, 1989
aTUlllIlQ COMMmu
~
Harold J. Lynch, Jr.. M.D. City of Delray Beach
C~ Department of Signs and Licensing
Wlllam R. Eamhart, M.D. 100 NY First Avenue
Florence J. Bourg Delray Beach, Florida 33444
Arthur R. Bradley Attn: Joyce Desormeau
Martin Bloom. M.D. Dear Joyce,
Gloria Drummond
_L~ As a representative of the American Heart Association of South
llobro _
J.W,_ Palm Beach County, I would like to request that we be placed on
Laur1e S. Bliven the agenda at the next City Commissioner's meeting. Due to the
Elaine WNNam, fact that we are a nonprofit organization we would like to appeal
a $340.00 solicitation fee we were assessed for 1989. (see
-- attached proof of payment)
Virginlll McVey
IouII CounIJ' C_A..... I appreciate your attention to this matter and hope to hear from
Jane Johneon you in the near future.
Sincerely,
~~'
Jane Johnson
South County Coordinator
cc: N. Buchholz
WE'RE FIGHTING FOR
YOUR LIFE
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ENGINEERING DEPARTMENT
M E M 0 RAN DUM
TO: WALTER O. BARRY
CITY MANAGER
THROUGH: FRANK SPENCE ~
DIRECTOR DEVELOPMENT SERVICES
FROM: Jl ~ t- GATES D. CASTLE, P. E.
INTERIM CITY ENGINEER
DATE: APRIL 12, 1989
SUBJECT: DOCK VARIANCE - 415 SE 7TH AVENUE
Delray Marine Construction Co. has requested the subject
variance on behalf of the property owner, Mr. Ned Wood. The
variance requested would allow the dock to be constructed
30' into the Intracoastal, while the code only allows 5' .
Since it would be impossible to build a usable dock at this
location and meet the code requirements, Engineering
recommends approval of the variance.
The adjacent property owners were notified of the proposed
variance and have no objections.
The necessary Agenda Request form is attached for
processing.
GDC:slg
Attachment
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?}O' I I~I :"'''' ~ applicable (
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CITY COMMISSION DOCUMELT-kTION
TO: WALTE~~~C%~A:
VIA: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
nOM, ~Ak~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF APRIL 25, 1989
FINAL PLAT APPROVAL FOR SHERWOOD FOREST
ACTION REOUESTED OF THE COMMISSION:
The action requested of the Commission is that of
approval of the final plat for this plat which will
accommodate golf course enhancements and 125 single
family (zero lot line) homes.
BACKGROUND:
The Sherwood Forest development proposal has been before the
Commission for annexation, initial zoning,and site plan approval.
The final plat has been prepared in compliance and conformance
with City codes and previouSly imposed conditions of approval.
There are only a few minor details which remain outstanding. In
order to accommodate the development schedule, previously
arranged closings, and to not unduly delay the project, those
minor items are affixed to this approval as conditions.
PLANNING AND ZONING BOARD ACTION:
At it's regular meeting of April 17th, the Planning and Zoning
Board certified the final plat and forwarded it to the City
Commission subject to conditions. Those conditions, with a few
exceptions have been accommodated.
RECOMMENDED ACTION:
By motion, Approve the final plat for Sherwood Forest Subdivision
subject to the stipulation that prior to execution of the Plan by
the City Engineer that permits be received from D.O.T. and SFWMD.
Attachment:
- P&Z Staff Report, Item V.D., Meeting of April 17, 1989
REF/DJK#42/CCSHER.TXT
4fj
PLANNING 8 ZONING BOARD --
CITY OF OELRAY BEACH
--- STAFF REPORT - --
MEETING O::nE: APRIL 17, 1989
AGENJA ITEM: v. D
CONSIDERATION OF FINAL PLAT APPROVAL FOR SHERWOOD FOREST ON THE SOUTH
ITEM : SIDE OF W. ATLANTIC AVENUE AT BARWICK ROAD.
,-....
GENERAL
OWDer...........................PLe.t Q~J a...l~nt Corp.
Agent........................... ............ ..oc.1a1ck Sarlo
Fleet 004 Devel0p0ent Corp.
Locatlon........................SOUCb .1de of v. Atlaatlc Ave.
lat IIUv1c1< lid. I. Bet_n Foreat
lid. &D4 CoIIatry Club Acr...
Property .i.....................74.'5 Acre.
City Land u.. pl.................SF IS1Dg1e FSllilyI
Cltr ZOa1Dg........................... .IItD-L (Law to 1Iecl1_ Denalty
P1ellaM Re.idential Ilevelo_nt
Di8tric:t I
Bx1.t1Dg Land u.................GDlf COur.. surrounded by vacantI
wooded land.
P~ Land U................ .125 .1Dgl. fSllily d.tached ..ro
lot 11... cIew~nt .....roW1din9
exi.tift9 901f cour...
Water Servlce...................V1. an 8" ..ia extension which
.,ill bit looped frCllO the axhtin9
12" ..in on the north .1d. of
w. Atlantic Ave. to an 8" m<<ln
pra..ntly baift9 installed on the
south .ida of w. Atlantic Ave.
frCllO the West I IIarnett Sanle
Property I .
sewer Servlc....................V1. &Q 8" aewer "1n which
emptl.. into & propoaed on-aite ITEM: Y b
11ft .Ution which then fore.
maiM to . MDbol. on If.. Atlantic
Ave.. whicb then qr.vi ty feed.
we.tward 1ato lift .tation 116A.
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[ITY DF DELIAY BEA[H
'~II.:, \} '/.' , ,.l. 'J !::: ~.~ I J ::: IJ::LRA'r' 8EACH ":t_()RI~A '3:3444 3051243- 7000
M E M 0 RAN DUM
TO: Walter O. Barry, City Manager
THRU: John W. Elliott, Jr., Assistant City Manager~
Management Services
FROM: Ted Glas, Purchasing Director )(~
DATE: Ap r i 1 13, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 25, 1989 - BID AWARD - BID # 89-41
WATER TREATMENT PLANT EXPANSION
Item Before Citv Commission:
City Commission is requested to award contract to low
bidder, Widell Associates, Inc. for the amount of
$2,248,000. Per the Budget Office, funding for this project
is from 1988 Revenue Bond - Water & Sewer.
Backoround:
Bids for this project were received on Ap r il 5, 1989 from
six (6) contractors, all in accordance with City purchasing
procedures. (Bid #89-41. Documentation on file in the
Purchasing Office.) A Tabulation of Bids and Engineer
analysis is attached for your review.
The Scope of Services for this project includes the
construction of one ( 1 ) additional clarifer structure and
associated equipment, and the construction of an office and
laboratory building addition, along with modifications to
the data computer system.
Work on clarifer and associated equipment to be completed
within 330 calendar days; work on office and laboratory to
be completed within 390 calendar days.
Recommendation:
Post. Buckley, Schuh & Jernigan, Inc. and City staff
recommend award to the low bidde r, Widel Associates, Inc.
for the total amount of $2,248,000.. with funding from 1988
Revenue Bond - Water & Sewer.
TG/jc
Attachments:
Tabulation of Bids
Engineer's Analysis and Recommendation
Memorandum from PUblic Utilities
pc Robert Barcinski
Yvonne Kincaide
Larry Martin
Cal Johnson
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THE EFFORT ALWAYS MATTERS
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DEW! IUClI lUa rwmn .un IDDIJOI
'aID .'IIL 5, lOll .t 10100 1.M.
,
tom DIIm DIIlUCf moct DIlIOC!
~m.&CTOi uom Uf. 10. 1 W 10.2 &Lt. 10. a &Lt. 10. 4
..--..........-----.---..-----.......................--_._._-_._-._------~-._----------..._..-------..-._--.__..------------
WIDILL 4'COC14flS, IIC. t2,2~1.000.00 t130 ,000.00 '~6.000.00 151,000.00 1651,000.00
ILIIIC ~I"aocrol&, IIC. 12,211,000.00 Im,ooo.oo <<1,000.00 114,000.00 1610,000.00
I. J. suunu COlP014tlOl $2,420,000.00 1125.000.00 UZ.OOO.OO 15',000.00 1550,000.00
PROJ1C! ImcutlOl, ne. 12,m ,000.00 $182.000.00 11',000.00 .., ,000.00 1511,000.00
lIDT PrP,D 1 ASSOC., IIC. 12,521,000.00 $126,000.00 142,000.00 IU,ooo.OO ISSO,OOO.OO
IIVlROCOI or rLOIID., IIC, 12.512,000.00 t135.000.00 us ,000.00 161,000.00 1111,000.00
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BID AHALYSIS AND RECOMMENDATION
FOR
OELRAY BEACH WATER TREATMENT PLANT EXPANSION
BID APRIL 5. 1080 AT 10100 A.M.
,
ADJUSTED BID AD~USTED lID AD~USTED lID ADJUSTED liD
WITH DEDUCT! VE WlTH DEDUCTIVE WITH DEDUCTIVE WITH DEDUCTXVI
CONTRACTOR TOTAL BASE BID ALTERNATE NO. 1 ALTEAHATE NO. 112 At. TlAHATE 10213 ALT. I, 2, . S
WIDELL ASSOCIATES, INC. $2.248.000.00 52.118,000.00 $2.073.000.00 $2,017,000,00 $1,461,000.00
ELXINS CONSTRUCTORS. INC. $2,289.000.00 52.155,000.00 $2,112,000.00 $2,058,000.00' $1,548,000,00
R. J, SULLIVAN CORP. 52,420,000.00 5Z,m,000.00 $2,253.000.00 $2,201.000.00 $1.651,000.00
PROJECT INTE~RATION. INC. $2,417,000.00 $2.315.000,00 $2,250,000.00 $2,183,000.00 $1,102,000.00
HARRY PEPPER l ASSOC.. INC. $2.523,000.00 $2.398.000.00 $2,351,000.00 $2 ,3040000,00 $1,774,000.00
[NVIROCO_ OF FLORIDA. INC. $2,572.000.00 52.437.000.00 $2,392.000.00 $2,337,000.00 $1,724,000.00
RECOHHENDA T! ON:
BASED ON A COMPARISON OF THE ABOVE BID ANALYSIS, WIDELL ASSOCIATES. INC. IS THE LOWEST RESPONSIVE ANO RESPONSI8LE
BIODER IN ALL RESPECTS WHEN COMPARING THE TOTAL lASE BID AS WELL AS ANY OF THE ADJUSTED BID ALTERKATES, lASED ON
PBSlJ'S ANALYSIS 0' THE BID PROPOSALS, OUR WORKING 1CN000LEGE OF THE BIDDER AND THE SUEIAL FINE REPUTATION OF WIDELL
ASSOClATlS, INC, PBSl.! RECOltlEHOS THAT THE PROJECT, IF AWARDED IN WHOLE OR IN PART, BE AWARDED TO WIOELL ASSOCIATES,
INC. PBSlJ ALSO FEELS THAT THIS WAS A WELL BID PROJECT WITH A SUFFICENT NUMlER OF BIDDERS TO ENSURE A FAIR CONTRACT
PRICE. THE 81DS 'OR THE DECUTIVE ALTERNATES REFLECT FAIR PRICIN' OF TNSE ITEMS. IN VIEII OF THE ABOVE, PBSLI RECOIllENDS
THAT, IF POSSIBLE. THB CITY SUOULD AWARD THE ENTIRE PROJECT TO WIDELL ASSOCIATES. INC.
POST, BUCKLEY, SCHUH I JERNIIlN. INC.
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MEMORANDUM ,
TO: Ted Glas
Purchasing Director
FROM: Larry Martin
Acting Director of Public Utilities
SUBJECT: WATER TREATMENT PLANT BIDS
DATE: April 14, 1989
I have reviewed the submittal from Post, Buckley, Schuh &
Jernigan.
,
I concur with the bid analysis and recommendation by PBS&J in
favor of Widell Associates, Inc. who were low bidders on this
project.
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~ Larry ,~tin
LM: jo
cc: Robert A. Barcinski - Asst. City Manager/CS
Cal Johnson - Water Treatment Plant Manager
FILE
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APR 1 7 8& .
COMMU;\4i j -1 .;,;..;.:..--,-: :..:;;::
, MEMORANDUM
TO: Robert A. Barcinski
A"t. City Manag.r/es ~
FROM: Larry Martin , ,
Acting Director of Public Utilitie
SUBJECT: Documentation - City Commission Meeting _ April
25, 1989 - Approval of Widell Associates, Inc.
in the amount of $2,248,000 for Water Treatment
Plant Expansion
DATE: April 14, 1989
Action
City Commission is requested to approve the base bid submitted by
the low bidder being Widell ASsociates, Inc. in the amount of
$2,248,000 for Water Treatment Plant Expansion with funding to
corne from account #441-51-62-536-60.47.
, '
Backqround
Approval of this amount will result in the upgrading of the Water
Treatment Plant process capability as well as provide a modern,
well-equipped laboratory to perform analyses required by state,
federal and county regulatory agencies.
Recommendation
Staff recommends approval of Widell Associates, Inc. as the low
bidder for the Water Treatment Plant Expansion in the amount of
$2,248,000 with the funding to come from account
#441-51-62-536-60.47.
LM/ smw
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[ITY DF DELIAY BEA[H
iOG \J'N 1,;( AVENUE Dc '_~':'" , ;.,- _',:>"=l.IOA :33444 305 243- 7000
M E M 0 RAN DUM
TO: Walter O. Barry, City Manager
THRU: John W. Elliott, Jr., Assistant City ~anag~
Management Serv1ces
FROM: Ted Glas, Purchasing Director ~~
DATE: April 6, 1989
SU8JECT: Documentation - City Commission Meeting -
April 25, 1989 - Proposal Award -
Comprehensive Patrol Staffina Studv Plan
Item Before City Commission:
The City Commission is requested to make an award to the
highest evaluated proposer, Insti tute for Law and Justice,
Inc. , for $22,228. Per the Budget Office, funding for this
study is from account #001-2111~521-32.11 ( Police
Administration- Staffing/Deployment Study).
Backaround
Funds were placed in the Fy 88-89 budget for a Police
Department staffing study. Requests for Proposals were
solicited, and on March 29, 1989 five (5) submittals were
received all in accordance with City purchasing procedures
( RFP- #89-46. Documentation on file in the Purchasing
Office.) A Tabulation of Proposals & Evaluation Summary is
attached for your review.
A five (5) member committee, using pre-selected criteria,
evaluated the merits of each proposal, and through a
weighted point process arrived at the recommendation for the
highest evaluated proposal. All five (5) committee members
ranked the Institute for Law and Justice Inc, with the most
points. (Unanimous Recommendation)
Recommendation:
The evaluation committee recommends award to the highest
evaluated proposer, Institute for Law and Justice, Inc. , for
the amount of $22,228. . with funding from account
# 001-2111-521-32.11.
TG/jc
Attachment:
Tabulation of Proposals
pc Yvonne Kincaide
Frank Spence
Chief Kilgore
Major Lincoln
Captain Cole
4~D
THE EFFORT ALWAYS MATTERS
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CITY DF DELAAY BEACH
: 00 \J .\ ~. -.::,~ c.:..\..... -L'="-i18A J-.i...44 305,243-7000
M E M 0 RAN DUM
TO: Walter O. Barry, City Manager
THRU: '000 W. "'io". ".. A..i.'oo' oi', 'ooo~
Management Serv1ces
FROM: Ted Glas, Purchasing Director ~~
DATE: April 5, 1989
SUBJECT: Documentation - City Commission Meeting -
April 25, 1989 - Bid Award -
Advanced Life Suooort Rescue Vehicle
Item Before Citv Commission:
The City Commission is requested to award a bid to the low
bidder, Emergency Vehicle Fabricators, Inc. ~ for $63,625.
Per the Budget Office, funding is from the following
accounts:
001-2315-526-60.84 . . . . . . . . . . . . . $ 31,100.
(Fire- EMS Operations- Matching Grant)
001-2315-526-60.89 . . . . . . . . . 7,500.
(Fire- EMS Operations- Capital)
333-2311-522-60.89 . . . . . . . . 6,960.
(1987 Utility Tax- Fire- Capital)
333-2311-522-60.57 . . . . . . . . 5,878.
(1987 Utility Tax- Fire- Capital)
333-2311-522-60.84 . . . . . . . 8,687.
(1987 Utility Tax- Fire- Capital)
115-0000-248-64.00 . . . . 3,500.
(Special projects- Fire- Capital)
$ 63,625.
BackClround:
The Fire Department is requesting replacement of a 1981
rescue vehicle with a new state-of-the-art vehicle. Bids
for this purchase were received on March 29, 1989 from two
(2) vendors all in accordance with city purchasing
procedures. (Bid 1189-45. Documentation on file in the
Purchasing Office.) A Tabulation of Bids is attached for
your review.
Recommendation:
Staff recommends award to the low bidder, Emergency Vehicle
Fabricators, Inc. , for the amount of $63,625., with funding
from accounts as outlined above.
TG: jc
Attachments:
Tabulation of Bids
Memorandum from Fire Department
pc Yvonne Kincaide
Chief Koen
4& t
THE EFFORT ALWAYS MATTERS
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[ITY DF DELRAY BEA[H
FIRE DEPARTMENT
KERRY B. KOEN
Fire Chief
MEMORANDUM
TO: TED GLAS, PURCHASING ADMINISTRATOR
.
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: APRIL 4, 1989
SUBJECT: AWARD OF BID - PARAMEDIC RESCUE VEHICLE
Our staff has reviewed and analyzed the bids received for s replacement
paramedic rescue vehicle. It is our finding that the low bid from E.V.F. ,
Incorporated of Riviera Beach, Florida in the amount of $63,625.00 meets the
City'a needs and is responsive to the technical specifications. Exceptions
taken by the vendor are not viewed as significant due to the alternate battery
system design proposed by the manufacturer. We have received a letter of
clarification concerning the exceptions and we are satisfied with their
proposal.
,
Accordingly, it is our recommendation that this item be placed on the next
regular City Commission agenda for approval. This requested equipment will
replace a 1981 Model Squad Unit with a modern, state of the art. modular rescue
vehicle almost identical to two other units placed in service in 1987. Funding
for this project will come from a variety of sources including a State Emergency
Medical Services matching grant. The funding sources are as follows:
001-2315-526-60-84 $31,100
001-2315-526-60-89 7,500
333-2311-522-60-89 6,960
333-2311-522-60-57 5,878
333-2311-522-60-84 8,687
115-0000-248-64-00 3.500
Total $63.625
, Should you require any further information or clarification. please contact
me.
.
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Kerry B. Koen
Fire Chief
K'llK/ew
I bc: Mr. Elliott
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