08-22-89 Regular
.
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
August 22, 1989
7 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these.
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of minutes of Regular Meetings of June 13, 1989 and July
25, 1985; and Special Meeting of August 1, 1989.
6. Proclamations:
A. Muscular Dystrophy Association's Firefighters Appreciation
Week- August 28 - September 4, 1989.
7. Presentations:
A. Langton Associates- Grants Needs Assessment.
B. Resolution No. 53-89: A Resolution commending Byron Matteson
for 30 years of service with the City.
C. Resolution No. 55-89: Supporting House Resolution 29-78
"Flag Protection Act of 1989".
D. Tony Durante "Greetings from Miyazu, Japan".
PUBLIC HEARINGS
8. ORDINANCE NO. 43-89: An Ordinance for the voluntary annexation
of parcels along North Federal Highway bordered on the east by the
Town of Gulfstream, the south and west by Delray Beach and on the
north by Boynton Beach, with initial City zoning of GC (General
Commercial). There are four areas affected by this annexation request
which total 13 parcels. City Manager and Planning and Zoning Board
recommend approval.
9. ORDINANCE NO. 46-89: An
of Walmart property with
Commercial). City Manager and
approval.
Ordinance for
initial City
Planning and
the voluntary annexation
zoning of GC (General
Zoning Board recommend
10. ORDINANCE NO. 49-89: An Ordinance for the annexation of the
Adult Book Store property located on North Federal Highway. This is
part of the North Federal Highway annexation however is on separate
Ordinance due to the deferred effective date. City Manager and
Planning and Zoning Board recommend approval.
11. ORDINANCE NO. 50-89: An Ordinance which delegates authority to
the Retirement Committee to waive, upon a finding of extenuating
circumstances, the requirement of a 90 day deadline for repayment into
. .
Agenda
Meeting of 8/22/89
the retirement fund to buy-back previous service. city Manager
recommends approval.
12. ORDINANCE NO. 51-89: An Ordinance rezoning the Marina Cay
property located south of the Delray Drive-In Theatre between Federal
Highway and the Intracoastal Waterway from GC, RM-10 and R1A to SAD.
City Manager and Planning and Zoning Board recommend approval.
PUBLIC COMMENTS
13. Comments and Inquiries on Non-Agenda Items from the Public.
FIRST READINGS
14. ORDINANCE NO. 52-89: An Ordinance increasing the payroll
deduction for contribution to the Police and Fire Departments Pension
fund from 6% to 7.33% to provide for retirement at 20 years of
continuous service. If approved public hearing September 12th. City
Manager recommends approval.
15. ORDINANCE NO. 53-89: An Ordinance providing that members of the
Police and Fire Departments Pension Fund shall be 100% vested upon
becoming eligible for normal retirement; provides restriction on
benefit levels; provides time frame for beginning payment;
subscribes how the City shall make contributions; and provides for
forfeitures that may arise upon termination of employment. If
approved public hearing September 12th. City Manager recommends
approval.
REGULAR AGENDA
16. SELECTION OF GOLF COURSE MANAGEMENT FIRM: Formal action to
select golf course management firm for the management of the Municipal
Golf Course and Restaurant.
17. SPECIAL ELECTION TO EXPAND DOWNTOWN DEVELOPMENT AUTHORITY
BOUNDARIES: Consider calling a special referendum election on behalf
of the DDA to expand the current DDA boundaries.
18. APPOINTMENT OF CHAIRMAN AND VICE-CHAIRMAN TO THE CRA: Consider
the appointment of Kevin Egan, as chairman and Leonard Mitchell as
vice-chairman to the CRA.
19. RESOLUTION NO. 54-89: A Resolution formally establishing an
Education Board to monitor School Board activities; act as liaison
between the School Board and the Commission; develop recommendations,
maintain public relations efforts, identify funding sources; and
various other activities related to improving schools within the City
and communication with the School Board. City Manager recommends
approval.
20. APPOINTMENT TO THE EDUCATION BOARD: Appointment of member to
replace Elder Hayes on the City's Education Board.
21. RESPONSE TO SCHOOL BOARD RE. (CITY COMMITMENTS): Approval of
response to School Board inquiries voiced at the Joint Workshop
meeting held on July 31st. City Manager recommends approval.
22. WAIVERS FOR COMMUNITY CHILD CARE PROJECT: Consider waiving
conditions requested by Currie Schneider Associates as recommended by
the Development Services Management Group for the Community Child Care
Center. City Manager recommends approval.
23. WATER SERVICE AGREEMENT - DELRAY SENIOR LIVING: Consider water
service agreement for a proposed ACLF- Delray Senior Living, Inc. to
be located on the south side of Atlantic Avenue, east the E-3 Canal.
24. AGREEMENT FOR CONSTRUCTION OF WATER LINE AND REIMBURSEMENT OF
COSTS: Consider agreement with the estate of Mr. Danilo R. Giamberini
for the City to disburse $4,000 paid to the City by Sherwood Forest as
benefitted user of a water line constructed and paid for by Mr.
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Agenda
Meeting of 8/22/89
Giamberini.
approval.
City
Manager and City Attorney's Office recommend
25. SETTLEMENT
in the amount
complaint.
26. OLD SCHOOL SQUARE STREET AUCTION: Approval of new street names.
City Manager recommends approval.
OFFER: Consider settlement offer from Irene Montalban
of $55,000 to settle alleged sexual harassment
27. SITE PLAN APPROVAL- COSTCO: Consider site plan approval for a
117,000 square foot retail sales warehouse building for Costco to be
located on the southwest corner of Linton Boulevard and S.W. 4th
Avenue. City Manager recommends approval pending Planning and Zoning
Board action.
28. SITE PLAN APPROVAL-MCDONALD'S: Consider site plan approval for a
McDonald's Restaurant to be located on the south side of Linton
Boulevard between Germantown Road, if extended, and S.W. 10th Avenue.
City Manager recommends approval pending Planning and Zoning Board
action.
29. SITE PLAN APPROVAL DELRAY BAY (CROSSWINDS) APARTMENTS: Consider
site plan approval for a 222 unit rental apartment project to be
located south of Linton Boulevard, west of Homewood Boulevard.
30. BEAUTIFICATION TASK FORCE RECOMMENDATIONS ON PINEAPPLE GROVE WAY
BEAUTIFICATION: Consider recommendations made by the BTF regarding
the beautification of Pineapple Grove Way and provide direction on
which plan to proceed forward with.
31. REAFFIRMATION OF COMMITMENT: Reaffirm the commitment made by the
City of Delray Beach, and ratified by the Commission by Resolution No.
7-89, to finance, construct, and complete a public parking facility in
downtown Delray Beach with assistance from the Downtown Development
Authority, the Community Redevelopment Agency, and private enterprise.
City Manager recommends approval.
CONSENT AGENDA
32. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION: Ratify SCRWTD Board operating budget for
fiscal year 1989-1990 in the amount of $2,688,300.
33. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION: Ratify SCRWTD Board action increasing the
wholesale sewage user charge to .60050 per thousand gallons.
34. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION: Ratify SCRWTD Board action approving Capital
Expenditures for fiscal year 1989-1990 in the amount of $69,400.
Expenditures are to be assessed 50% to Boynton and 50% to Delray
Beach.
35. CHANGE ORDER NO. 2- WEST ATLANTIC AVENUE I-95 IRRIGATION: This
Change Order represents an increase of contract price of 7,170.72 and
consists of using black iron pipe in lieu of PVC for all sleeves under
pavement in accordance with DOT standards; an additional 169 sprinkler
heads; and additional jack borings.
36. CHANGE ORDER NO. 2- LINTON BOULEVARD I-95 IRRIGATION: This
Change Order represents an increase of contract price of 4,510.48 and
consists of using black iron pipe in lieu of PVC for all sleeves under
pavement in accordance with DOT standards; an additional 45 sprinkler
heads; and additional jack borings.
37. CHANGE ORDER NO. 2- N.E. 1ST STREET DRAINAGE PROJECT: This
Change Order represents an increase of contract price of $51,590 and
consists of replacing a 1 1/2 inch water main on N.E. 4th Avenue with
an 8 inch main between Atlantic Avenue and 2nd Street.
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Agenda
Meeting of 8/22/89
38. ABSENTEE BALLOT FORM: Consider changing absentee ballot forms
from paper to punch card format.
39. TEMPORARY TENT PERMIT: Approve temporary tent permit for the
Zonta Club for their proposed Country Western Jamboree on Sunday,
August 27th, in the parking lot of Scarlett O'Hara's at 335 E. Linton
Boulevard.
40. AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY HOUSING
PARTNERSHIP: Approve agreement between the City and Palm Beach County
Housing Partnership for the construction of on and off-site
infrastructure improvements and waive permit and other administrative
fees for the Allamanda Garden Housing Development.
41. RESOLUTION NO. 50-89: This item is a Resolution assessing costs
for abatement action required to remove an unsafe building on property
at 16 S.W. 10th Avenue.
42. RESOLUTION NO. 51-89: This item is a Resolution assessing costs
for abatement action required to remove an unsafe building on property
at 1713 S.W. 6th Avenue.
43. RESOLUTION NO. 52-89: This item is a Resolution assessing costs
for abatement action required to remove an unsafe building on property
at 1116 1/2 Poinsettia Drive.
44. AWARD OF BIDS AND CONTRACTS:
A. Sewer TV System- Cues, Inc. in the amount of $89,995 with
funding from Water and Sewer-Sewer TV Monitor (Account No.
441-5161-536-64.04).
B. Sodium Aluminate- U.S. Aluminate in the amount of $194,131
with funding from Water Treatment Operating Supplies (Account No.
441-5122-536-35.15 for current fiscal year) and Water Treatment
Chemicals (Account No. 441-5122-536-35.18- 1989-90).
C. Median Curbing- South Federal Highway- Burkhart Services,
Inc. in the amount of $64,000 with funding from 1987 Utility Tax
(Account No. 333-4141-572-61.26).
D. Removal of City-owned street
amount of $19,368 with funding
(Account No. 001-2911-519-60.63.
the number of poles bid.
Lights- C.R. Dunn, Inc. in the
from Engineering Department
Waiving bid irregularities for
E. Housing Rehabilitation program- Low
totalling $29,773.80 with funding from
(Account No. 118-1963-554-60.23):
Bidders in the amount
Housing Rehabilitation
1. MJD Construction
$16,039.80
2. Tommy Preston- 513 S.W. 10th Street- $13,734.00
Services- 321 S.W. 12th Ave.
F. Pipe Fittings and Accessories- in an amount totalling
$45,954.65 with funding from Water and Sewer Repair and Upkeep
Water Meters (Account No. 441-5123-536-33.33):
1. Group 1 (Gate Valves)- A&P Water and Sewer Supplies
($1,641,30).
2. Group 2 (Service Saddles)- Southeastern Municipal Supply
($3,761.85).
3. Group
($27,561).
3
(Corporations
and curbstops)- B&H Sales
4. Group 4 (Miscellaneous fittings)- Southeastern Municipal
Supply ($12,990.50).
45. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
-4-
CITY OF DELRAY BEACH, FLORIDA
REGULAR MEETING - CITY COMMISSION
August 22, 1989
7 P.M.
AGENDA AMENDMENT
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 REGULAR AGENDA IS AMENDED TO INCLUDE:
- 31A. Amendment to Agreement between the City and Auburn Trace Joint
Development. The Department of Housing and Urban Development is
requesting that the agreement be amended to reflect that the developer
contribution is by cash equity.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - MEETING OF AUGUST 22, 1989
DATE: August 22, 1989
PUBLIC HEARINGS
Item No. 8 (Ordinance No. 43-89) This is a Second Reading of an
Ordinance for the voluntary annexation of parcels along Federal
Highway with various zoning designations. The North Federal Highway
Enclave is comprised of 35 parcels, 30.68 acres, and 29 owners. The
Enclave is generally bordered on the east by the Town of Gulfstream,
the south and west by the City of Delray, and on the north by Boynton
Beach, with occasional infringements into the enclave by parcels
previously annexed to the City.
The portion of the enclave affected by this annexation request is
comprised of four areas representing 29 owners and 14 parcels,
including the Adult Book Store property which is under separate
ordinance, which are generally surrounded on all sides by properties
which are incorporated within adjacent municipalities, with the
remaining unincorporated parcels separating the four areas. The
enclave is bisected by Federal Highway and bordered on the west by Old
Dixie Highway and the FEC Railroad right-of-way.
At first reading six property owners special requests for waivers were
considered. All were resolved except for the request from Mr. Richard
A. Barnett to grant a special use to allow an existing unimproved
parking lot to exist for one year after annexation. This item is
being researched by staff. At this writing we have not been able to
contact the property owner. A recommendation will be provided to the
Commission prior to Tuesday evenings meeting.
The Planning
approval of
for review in
and Zoning Board at their July 17th
annexation action. A detailed staff
the City Manager's Office.
meeting recommended
report is available
Recommend approval of Ordinance No. 43-89 annexinq 14 parcels with GC
zoninq.
Item No. 9 (Ordinance No. 46-89) This is a Second Reading of an
Ordinance for the voluntary annexation of Walmart property located on
the west side of Military Trail approximately 670 feet south of Linton
Boulevard with initial City zoning of GC (General Commercial).
The current proposal is to develop a 114,760 square foot Walmart store
and designate two .8 acre out parcels on the Military Trail frontage.
The development of the property and its contiguity with the City
boundary to the east allows the City to exercise the voluntary
annexation clause of the water service agreement.
The County Planning Division has requested annexation be delayed until
an interlocal agreement can be implemented which will address the
elimination of pockets and enclaves in the annexation area. Not
proceeding with the annexation will hinder the development efforts of
the petitioner. While the provisions of the proposed interlocal
agreement is consistent with our Comprehensive Plan, it is staff's
recommendation that we work with the County to expand the proposed
agreement to include all of the City's future annexation areas rather
than adopt separate agreements for each incident.
The Planning and Zoning Board at their July 17th meeting recommended
AGENDA REPORT
Meeting of August 8, 1989
approval. A detailed staff report is available for your review in the
City Manager's Office.
Recommend approval of Ordinance No. 46-89.
Item No. 10 (Ordinance No. 49-89) This is a Second Reading of an
Ordinance for the annexation of the Adult Bookstore property located
on the east side of N. Federal Highway, west of the Town of
Gulfstream, north of Allen Avenue and south of Gulfstream Boulevard.
This is part of the North Federal Highway annexation and is under
separate ordinance due to the deferred effective date. Because of
some concerns expressed regarding use, an effective date of March 1,
1990, which is when the use expires under the County's regulations.
The Planning and Zoning Board at it's July 17th meeting recommended
approval. A detailed staff report is available for review in the City
Manager's Office.
Recommend approval of Ordinance No. 49-89 annexinq the Adult Bookstore
Property with an effective date of March 1, 1990.
Item No. 11 (Ordinance No. 50-89) This is a Second Reading of an
Ordinance which delegates authority to the Retirement Committee to
waive, upon a finding of extenuating circumstances, the requirement of
a 90 day deadline for repayment into the retirement fund to buy-back
previous service.
Recommend approval of Ordinance 50-89.
Item No. 12 (Ordinance No. 51-89) This is a Second Reading of an
Ordinance rezoning the Marina Cay property located south of the Delray
Drive-In Theatre between Federal Highway and the Intracoastal Waterway
from GC, RM-10 and R1A to SAD. The Marina Cay project is a proposed
large scale mixed use commercial and residential development
consisting of restaurants, offices, specialty shops, 102 unit
condominium and a 60 slip marina.
In December 1988 a land use plan amendment was approved creating the
Large Scale Mixed Use designation for this project. That category
sets forth some development standards, identifies special studies
which are necessary, and requires that zoning be affixed through the
SAD designation. All the required studies have been provided and
rezoning is appropriate. Following the rezoning action, a plat and
revised site plan will be processed in accordance with the narrative.
Staff has recommended that the developer pay for a 150 linear foot
extension of an 8 inch sewer line on Palm Trail from the proposed lift
station to the center of Allen Avenue as part of the master plan
process. The estimated cost of this extens~on is $8,067.50. The
developer has requested relief from this requirement. If installed by
the City funding would have to be identified. Additionally,
construction would occur after Marina Cay construction of the lift
station and internal utility system.
The Planning and Zoning Board at their July 17th meeting recommend
approval of the SAD zoning. A detailed staff report is available for
review in the City Manager's Office.
Recommend approval of Ordinance 51-89.
Item No.
Ordinance
Police and
FIRST READINGS
14 (Ordinance No. 52-89) This is a
increasing the payroll deduction for
Fire Departments Pension fund from 6%
First Reading of an
contribution to the
to 7.33% to provide
- 2 -
AGENDA REPORT
Meeting of August 8, 1989
for retirement at 20 years of continuous service. This Ordinance is a
result of the Commission's approval of the collective bargaining
agreements with the Fraternal Order of police and the International
Association of Fire Fighters and institutes the "20 and Out" Plan.
Recommend approval of Ordinance 52-89.
Item No. 15 (Ordinance No. 53-89) This is a First Reading of an
Ordinance providing that members of the Police and Fire Departments
Pension Fund shall be 100% vested upon becoming eligible for normal
retirement; provides restriction on benefit levels; provides time
frame for beginning payment; subscribes how the City shall make
contributions; provides for forfeitures that may arise upon
termination of employment; and provides for tax deferral of employee
contributions.
Recommend approval of Ordinance 53-89.
REGULAR AGENDA
Item No. 16 Selection of Golf Course Management Firm. At your August
14th workshop meeting the Commission interviewed prospective finalist
for management of the Municipal Golf Course. Two of the finalist,
Country Club and Golf Club Associates, Inc., withdrew as independent
finalist and joined with Gerecter and Dubin Associates. Selection of
a management firm must be made prior to September 2nd or the automatic
five year extension clause in the current leasee's agreements will go
into effect.
Recommend selection of a qolf
manaqement of the Municipal Golf
staff to neqotiate contracts.
Item No. 17 Special Election to Expand Downtown Development Authority
Boundaries. This item is before the Commission to schedule a special
election for the DDA. House Bill 850, effective July 6th, permits
expansion of DDA boundaries upon approval by electors residing in the
current DDA boundaries and proposed expansion area in a special
referendum election. The bill requires that the special election may
take place 60 days after the bill becomes law, which would permit
election any time after September 4th. The bill also requires the
City to call the election on behalf of the DDA. The City, therefore,
must advertise the special election according to their Charter,
Ordinances and Florida Statutes governing special elections.
course manaqement firm for the
Course and Restaurant and authorize
The DDA desires to hold the special election as soon as possible.
However, given the notice requirements and meeting schedule of the
Commission, October 17th is the earliest possible date a special
election could be held.
Recommend consideration of the establishment of special election date
for the DDA.
Item No. 18 Appointment of Chairman and Vice-Chairman to the CRA.
Florida Statutes provide that the Commission will name the chair and
vice chair of the CRA. The Agency held an election and is
recommending that Kevin Egan, the acting chair, become the chairman
and Leonard Mitchell become vice chairman.
Recommend appointment of Kevin Eqan as chairman of the CRA and Leonard
Mitchell as vice chairman.
Item No. 19 (Resolution No. 54-89). This is a Resolution
establishing the Education Board. At your July 18th special
meeting/workshop the Commission reached consensus on the establishment
of an Education Board. This Board was tasked with monitoring School
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AGENDA REPORT
Meeting of August 8, 1989
Board activities; acting as liaison between the School Board and
Commission; developing recommendations; maintaining public relations
efforts; identifying funding sources; and various other activities
related to improving schools within the City and communication with
the School Board.
The Education Board will be formed as an adhoc board which will be
disbanded following presentation of its annual report in June 1990.
Recommend approval of Resolution No. 54-89.
Item No. 20 Appointment to the Education Board. On July 31st, Elder
Edward Hayes resigned from the Education Board. When the Board was
informally established, seven individuals were asked to serve, with
two additional individuals being designated as alternates. The
alternates are Alice Finst and Al Doughty.
Recommend consideration of an appointment to fill the vacated position
created by the resiqnation of Elder Hayes.
Item No. 21 Response to School
July 31st joint workshop between
Board, five items of concern
relating to the "Sharing for
included:
Board reo (City Commitments). During
the City and Palm Beach County School
were identified by the School Board
Excellence 1990 Plan". These items
A. A commitment
where the racial
on racial balance
from the City to limit development in areas
makeup of new residence would negatively impact
in public schools.
B. A determination by the City whether or not to proceed with
the School Board's commitment to spend $975,000 to improve Spady
Elementary and purchase land north of the school to provide
improved access to Lake Ida Road; or increase the commitment at
Spady to $3.1 million and improve the area by purchasing and
improving land north of the school itself.
3. A commitment from the
collaborative development
housing program.
City to actively participate in the
of a county-wide integration and
4. Defining the naturally
anticipated and explaining
will actually occur.
occurring population changes that are
how the City will insure that they
5. Adoption of the County-wide School Element in the City's
Comprehensive Plan.
The Education Board at it's August 14th meeting formally endorsed the
responses to School District inquiries.
Recommend approval of
request that they be
siqnature.
Item No. 22 Waivers for
Schneider and Associates is
Community Child Care Center.
responses to School District inquiries and
forwarded to the School Board under the Mayor'S
Community Child Care Project.
requesting waiver of conditions
This request includes:
Currie
for the
A. Extending the water and sewer service to the property line.
B. Waiving the provision for two sidewalks. The sidewalk
proposed along Lake Ida Road will have to be torn up and rebuild
following the widening project scheduled for 1992. Additionally,
there is not sufficient pedestrian traffic along N.W. 5th Avenue
- 4 -
AGENDA REPORT
Meeting of August 8, 1989
to warrant a sidewalk.
C. Leaving the asphalt bike path on N.W. 6th Avenue as it is
rather than removing it and replacing it with a concrete walk.
D. Waiving permit and inspection fees.
The Development Services Management Group at its August 9th meeting.
reviewed the request and recommended approval of extension of water
and sewer service; waiving the sidewalk requirements; and waiving the
permit and inspection and administrative fees (impact, radon, and
water and sewer connection fees and charges). They recommended denial
of request to leave asphalt bike path as is.
Recommend approval of extension of water and sewer service; waivinq
side walk requirements, waivinq permit, inspection and administrative
fees and denial of request to leave asphalt bike path as is for the
Community Child Care Center.
Item No. 23 Water Service Agreement - Delray Senior Living. Mark S.
Beatty, representing the owners of Delray Senior Living Inc., is
requesting consideration of a water service agreement for a proposed
ACLF- Delray Senior Living, Inc. to be located at Atlantic Avenue and
the E-3 Canal. The developer is seeking special consideration of the
water service agreement, prior to going through the formal site plan
review process in order to accommodate certain processing requirements
by the County. A standard provision of the water service agreement is
that all City development codes are met. The proposed development
involves the construction of several six story structures, which would
be in violation of our height regulations.
Recommend consideration of a water service aqreement for the proposed
Delray Senior Livinq ACLF.
Item No. 24 Agreement for Reimbursement of Construction of Water
Line. Mr. Danilo R. Giamberini, the former owner and developer of
Danilo's Beauty Salon, paid $16,000 to install a water line to serve
his property on West Atlantic Avenue. This was done in accordance
with verbal and written commitments made by the Public Utilities
Department. Both Barnett Bank and Sherwood Forest paid the City
$4,000 each as benefitted users. The $4,000 from Barnett Bank was
released to Mr. Giamberini however, the monies from Sherwood Forest
is being held pending this agreement. A third property, Forum, is
vacant and no monies have been collected but will be charged $4,000 as
benefitted user once on property improvements are made. A fourth
property, a small nursery was not included in the calculations due to
it's small size and lack of facilities. None of the benefitted users
have objected to this process.
Recommend a roval of a
Danilo R. Giamberini and
Sherwood Forest.
reement between the Cit
the release of 4 000
and the estate of
aid to the Cit b
Item No. 25 Settlement Offer. We have received an offer to settle
from Irene Montalban in the amount of $55,000. This complaint
involves an allegation of alleged sexual harassment by the former city
manager. Mrs. Montalban's attorney suggests that the City is liable
because she can not find employment, has been ridiculed by her
co-workers and peers and is seeking damages for these injuries, as
well as lost wages, back-pay, benefits, interests, costs and
attorney's fees.
Item No. 26 Old School Square Street Auction. This item is before
the Commission for approval of new street names for those streets
auctioned off at the Old School Square Street auction.
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AGENDA REPORT
Meeting of August 8, 1989
This item will be before the Planning and Zoning Board on August 21st
for review and recommendation. The street names will also be reviewed
by the Fire Marshall for duplications and to identify problems which
may occur with dispatching emergency services. The Planning and
Zoning Board will orally present it's report at your Tuesday evening
meeting. Street name modifications recommended by the Planning
Director have been agreed to by the individuals who named the street.
Recommend approval of new street names for streets auctioned off at
the Old School Square Street auction subiect to the findings of the
Planninq and Zoning Board and Fire Marshall.
Item No.
site plan
warehouse
southwest
27 Site Plan Approval- Costco. Tom McMurrian is requesting
approval for a proposed 117,000 square foot retail sales
building, Costco Wholesale store, to be located on the
corner of Linton Boulevard and S.W. 4th Avenue.
This property was recently rezoned to support the proposed use. One
concern of this project is the impact that additional traffic will
have on Linton and S.W. 4th Avenue. Consideration need to be given to
requiring the developer to make improvements on S.W. 4th Avenue both
north and south of Linton.
This item will be before the Planning and Zoning Board on August 21st.
Normally, the site plan would be considered at the September 12th
meeting of the Commission; however action has been accelerated at the
request of the petitioner due to unique circumstances. The Planning
and Zoning Board's recommendation will be forwarded to you prior to
Tuesday eventngs meeting. A detailed staff report is available for
review in the City Manager's office.
Recommend approval of site plan for Costco subject to the findings of
the Planninq and Zoninq Board.
Item No. 28 Site Plan Approval- McDonald's. Tom McMurrian is
requesting site plan approval for a McDonald's Restaurant to be
located on the south side of Linton Boulevard between Germantown Road,
if extended, and S.W. 10th Avenue. .
This property was recently rezoned by the Commission in order to
accommodate the proposed use of a combined drive-through and sit down
McDonald's Restaurant.
This item will be before the Planning and Zoning Board on August 21st.
Normally, the site plan would be considered at the September 12th
meeting of the Commission; however action has been accelerated at the
request of the petitioner due to unique circumstances. The Planning
and Zoning Board's recommendation will be forwarded to you prior to
Tuesday evenings meeting. A detailed staff report is available for
review in the City Manager's office. .
Recommend approval of site plan for McDonald's Restaurant subject to
the findinqs of the Planninq and Zoning Board.
Item No. 29 Site Plan Approval Delray Bay (Crosswinds) Apartments.
Charles Radice is requesting consideration of site plan approval for a
222 unit rental apartment project to be located on the south side of
Linton Boulevard, west of Homewood Boulevard.
The major issue associated with this petition is access. The overall
Crosswinds master plan called for access over existing internal
streets. However, the developer and the Crosswinds Association desire
direct access onto Linton Boulevard. It is the collective position of
the Planning, Engineering and Police Patrol Division, that direct
access to Linton is undesirable.
- 6 -
AGENDA REPORT
Meeting of August 8, 1989
This item will be before the Planning and Zoning Board on August 21st.
Normally, the site plan would be considered at the September 12th
meeting of the Commission; however action has been accelerated at the
request of the petitioner due to unique circumstances. The Planning
and Zoning Board's recommendation will be forwarded to you prior to
Tuesday evenings meeting. A detailed staff report is available for
review in the City Manager's office.
Recommend approval of
(Crosswinds) Apartments,
Zoninq Board.
Item No. 30 Beautification Task Force Recommendations on the
Pineapple Grove Way Beautification project. The BTF met with
representatives from Pineapple Grove on August 14th to discuss
alternative plans for the beautification of Pineapple Grove Way. At
that meeting the City's consultant, Kurt Kettlehut presented four
schemes for consideration.
site and
subiect
development ~lan for Delray Bay
to the findin_s of the Planninq and
A. Scheme A, kept the basic layout
sculptures located along the side of
parking area). Cost: $61,028.
of
the
64 trees with
street (within
four
the
B. Scheme B, reduced the number of street trees to 50, taking
into account the existing trees at the Ocean Lumber Co. and Winn
Dixie Food Store parking lot, four sculptures situated along the
side of the street (within parking area). Cost: $55,060.
C. Scheme C, ten landscape nodes and three sculpture nodes will
be situated in the existing parking lane within the first three
blocks, 12 street trees positioned in the sidewalk and one
sculpture located in front of the Post Office will be placed in
the Fourth block. Cost: $68,167.
D. Scheme D, includes all elements for Scheme C, plus the
addition of nine landscape noes at the intersection of Pineapple
Way and N.E. 1st Street, N.E. 2nd Street, and N.E. 3rd Street.
Cost: 85,731.
Both the BTF and Pineapple Support Group endorsed a combination of
improvements which have been incorporated into Scheme E. This
alternative provides for 50 shade trees within the sidewalks, four
sculpture node (which eliminates four parking spaces), and the
construction of landscape nodes at intersections, where feasible.
Cost is $77,885. Since the scheduled beautification projects on Lake
Ida Road and S.W. 10th Street can' not be started until after road
construction in 1992, an additional $220,000 in funding is available
in the 19B7 Utility Tax Bond. These funds have to be expended prior
to May 1990 or penalties will apply. Additionally, the BTF and
Pineapple Support Group is requesting Commission direction on
procedure to select a sculpture and the artwork for the street.
Recommend consideration of the BTF's and
alternate plans for the beautification of
provide direction on procedure to select a
Pineapple Support Group'S
Pineapple Grove Way and
sculpture and artwork.
Item No. 31 Reaffirmation of Commitment. At your February 14th
meeting the Commission adopted Resolution No. 7-89. This Resolution
incorporated the understandings arrived at through workshop meetings
and included the City's commitment to finance, construct and complete,
within a reasonable time, a public parking facility in downtown Delray
Beach. This commitment was made in order to encourage a major upscale
retail anchor to locate in downtown Delray Beach. As the City is
still desirous of this kind of development, a reaffirmation of
commitments is appropriate.
- 7 -
AGENDA REPORT
Meeting of August 8, 1989
Recommend reaffirmation of commitments made by the adoption of
Resolution No. 7-89.
CONSENT AGENDA
Item No. 32 Ratification of South Central Regional Wastewater
Treatment and Disposal Board Action. The SCRWTD Board at its August
3rd meeting approved their operating budget for fiscal year 1989-1990
in the amount of $2,688,300. This amount represents an increase of
$237,750 from last years budget. The most significant changes over
last years budget is an increase in the Personal Services budget of
$125,350 and an additional $100,000 in the Operating BUdget for sludge
hauling. A detailed budget document is available in the City
Manager's Office for review.
Recommend ratification of SCRWTD Board operating budqet for fiscal
year 1989-1990.
Item No. 33 Ratification of South Central Regional Wastewater
Treatment and Disposal Board Action. The SCRWTD Board at its August
3rd meeting approved an increase to the wholesale sewage user charge
to .60050 per thousand gallons to be effective October 1st. This
increase represents additional charges for Operations and Maintenance,
purchase of Ocean Outfall, and contribution to the Sinking Fund. This
action does not include increases that may be needed for additional
engineering studies or design work.
Recommend ratification of SCRWTD Board action to increase the
wholesale sewaqe user charqe.
Item No. 34 Ratification of South Central Regional Wastewater
Treatment and Disposal Board Action. The SCRWTD Board at their August
3rd meeting, approved Capital Expenditures for fiscal year 1989-1990
in the amount of $69,400. These expenditures consist of plant,
operational, laboratory and safety equipment. Expenditures are to be
assessed 50% to Boynton and 50% to Delray Beach. A detailed list of
equipment is available for review in the City Managers office.
Recommend ratification of SCRWTD Board action approvinq the Capital
Expenditure Budqet.
Item No. 35 Change Order No. 2- West Atlantic Avenue/ I-95
Irrigation. This Change Order represents an increase of contract
price of $7,170.72 and consists of using black iron pipe in lieu of
PVC for all sleeves under pavement in accordance with DOT standards;
an additional 169 sprinkler heads; and additional jack borings. This
change Order will not increase the original contract price due to a
previous change order which decreased the oriqinal contract amount.
Recommend approval
with funding from
333-4141-572-61.22).
of Chanqe Order No.2 in the amount of $7,170.72
West Atlantic Avenue I-95 Interchanqe (Account
Item No. 36 Change Order No. 2- Linton Boulevard/ I-95 Irrigation.
This Change Order represents an increase of contract price of
$4,510.48 and consists of using black iron pipe in lieu of PVC for all
sleeves under pavement in accordance with DOT standards; an
additional 45 sprinkler heads; and additional jack borings. This
change Order will not increase the original contract price due to a
previous change order which decreased the original contract amount.
Recommend approval of
with fundinq from
333-4141-572-61.24).
Chanqe Order No. 2 in the amount of $4,510.48
Linton Boulevard/I-95 Interchanqe (Account
- 8 -
AGENDA REPORT
Meeting of August 8, 1989
Item No. 37 Change Order No. 2- N.E. 1st Street Drainage Project.
This change order represents an increase in contract price of $51,590
and consists of replacing a 1 1/2 inch water main on N.E. 4th Avenue
with a 8 inch water main between Atlantic Avenue and N.E. 2nd Street.
Currently there is no fire protection from Atlantic Avenue to N.E. 2nd
Street. This line upgrade will provide fire protection and all new
services for existing and future building on 4th Avenue.
This project was identified and included in the CIP Budget for FY
1991-92 however it is deemed to be more cost effective to proceed with
the project now as that area is currently under construction. Funding
is available in Project Reserves (Account 441-9111-581.90.41).
Recommend a roval of Chan e Order No.
fund in from N.E. 4th Avenue Water
441-5123-536-60.XX).
2 in the amount of $51 590 with
Line Extension Account No.
Item No. 38 Absentee Ballot Form. The City Clerk has requested that
the City covert to punch card absentee ballots, to eliminate the need
to separately hand count absentee ballots. The Supervisor of
Elections requires a letter of request and 45 to 60 days lead time to
implement the punch card ballot system.
Recommend a roval of re uest to convert to
ballots.
unch card absentee
Item No. 39 Temporary Tent Permit. The Zonta Club is requesting
permission to erect a temporary tent in the parking lot of Scarlett
O'Hara's located at 335 E. Linton Boulevard on August 27th. The Zonta
Club is planning a fundraiser which will benefit Project Safe Place
(for runaway children) and Children at Risk-Families in Crisis (child
abuse prevention). The event will be a Country and Western Jamboree
on August 27th from 4-10 p.m. with all of the proceeds going to
charity. The tent will be set up and taken down the same day.
Recommend approval of temporary tent permit for Zonta Club.
Item No. 40 Agreement between the City and Palm Beach County Housing
Partnership. This agreement provides for the obligations made by the
City in conjunction with the Housing Partnership for the development
of Allamanda Gardens. The City Commission by adopting Resolution No.
8-88 agreed to construct on-and off-site infrastructure improvements,
including installation of water, storm drainage and sewer lines, off
site utility improvements, interior roadway construction and
engineering contract fees. Funding in the amount of $299,768 will
come for the CDBG funds ($199,768)' and General Revenues ($100,000).
Recommend a roval of a reement between the Cit and Palm Beach Count
Housinq Partnership.
Item No. 41 Resolution No. 50-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 16 S.W. 10th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $1,259.50 remains
unpaid.
Recommend a roval of Resolution No. 50-89 assessin costs for abatin
an unsafe bUildinq within the City.
Item No. 42 Resolution No. 51-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 1713 S.W. 6th Avenue. The Resolution sets
forth the actual costs incurred and provides the mechanism to attach a
lien on this property in the event the assessment of $2,693.90 remains
- 9 -
AGENDA REPORT
Meeting of August 8, 1989
unpaid.
Recommend a roval of Resolution No. 51-89 assessin costs for abatin
an unsafe bUildinq within the City.
Item No. 43 Resolution No. 52-89. This item is a Resolution
assessing costs for abatement action required to remove an unsafe
building on property at 1116 1/2 Poinsettia Drive. The Resolution
sets forth the actual costs incurred and provides the mechanism to
attach a lien on this property in the event the assessment of
$1,369.50 remains unpaid.
Recommend approval of Resolution No. 52-89 assessinq costs for abatinq
an unsafe bUildinq within the City.
Item No. 44 AWARD OF BIDS AND CONTRACTS:
A. Sewer TV System- Cues, Inc. in the amount of $89,995 with
funding from Water and Sewer-Sewer TV Monitor (Account No.
441-5161-536-64.04).
B. Sodium Aluminate- U.S. Aluminate in the amount of $194,131
with funding from Water Treatment Operating Supplies (Account No.
441-5122-536-35.15 for current fiscal year) and Water Treatment
Chemicals (Account No. 441-5122-536-35.18_ 1989-90).
C. Median Curbing- South Federal Highway- Burkhart Services,
Inc. in the amount of $64,000 with funding from 1987 Utility Tax
(Account No. 333-4141-572-61.26).
D. Removal of City-owned street
amount of $19,368 with funding
(Account No. 001-2911-519-60.63.
the number of pOles bid.
Lights- C.R. Dunn, Inc. in the
from Engineering Department
Waiving bid irregularities for
E. Housing Rehabilitation program-
totalling $29,773.80 with funding
(Account No. 118-1963-554-60.23):
Low Bidders in the amount
from Housing Rehabilitation
1. MJD Construction
$16,039.80
2. Tommy Preston- 513 S.W. 10th Street- $13,734.00
Services- 321 S.W. 12th Ave.
F. Pipe Fittings and Accessories- in an
$45,954.65 with funding from Water and Sewer
Water Meters (Account No. 441-5123-536-33.33):
1. Group 1 (Gate Valves)- A&P Water and Sewer Supplies
($1,641,30).
amount totalling
Repair and Upkeep
2. Group 2 (Service Saddles)- Southeastern Municipal Supply
($3,761. 85).
3. Group
($27,561).
3
(Corporations
and curbstops)- B&H Sales
4. Group 4 (Miscellaneous fittings)- Southeastern Municipal
Supply ($12,990.50).
Item No. 45 Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
- 10 -
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
.\ III S,! 1, ') I i{l!dl , Sl TIT '-1 DELRA Y BLACH, FLORIDA 33483
1':I~ ~..L1--7:1()[J TELFCOPIER 407/278-4755
I-IJEt10RANDUM
Date: August 22, 1989
To: C:ity Commissi.on
From: Jeffrey S.. Kurtz, Assistant City At,torney
Subject: Auburn Trace/Delray Beach UDAG
The Htm General Counsel's Office, specifically Mark Eisenstadt,
has completed their initial review of the evidentiary materials
submitted by the City pursuant to the Grant Agreement on June
30, 1989. Included in the evidentiary materials that. were
submitted on June 30, 1989 were the legally binding contracts
between the Developer and the City such as the Loan Agreement,
Mortgage and Note. Mr. Eisenstadt was generally impressed with
our presentation, but would like to see some minor revisions to
the documents before they are formally approved by HUD.
Through conversations wi.th myself and Jeff Lesk, the
Developer's WaShington based counsel, he would like to see the
following areas revised before formally accepting our
evidentiary materials. /
,
I
1. HUD would like to see a revised certification from the
Ci.ty Manager t.hat the governmental permits and approvals
are in place for this project. It is my understanding
that we were too specific in the permits and approvals
t.hat we had granted and that t.hey would prefer a simple
blanket statement, indicating that approval has been given
to the Developer.
2. They would like a copy of the title policy evidencing
t: itle being_vested in the developer, t.his was not avail-
able at, the time of the submittal since we had just
completed that t..ransacticm.
3. A revision to the Promissory Note to reflect the payment
of contingent interest which was contained in our Loan
Agreement with the developer. Despite a paragraph in the
Promissor'y Note incorporating that Loan Agreement. HUD
would like to see the following paragraph included in the
Promissory Note to reflect the contingent interest that we
had contracted for:
c.i ty Commission
August 22, 19B9
PagA 2
d. Addi tiOlldl Interest Tn addi ti.on, the City will
receive, as contingent. interest, after a 12% preferred
ret.urnto Developer on Developer' s equi t,y contribut.ion for
the development of the Project Elements (on a non-
cumulat:ive basis), dn annual payment equal to forty
percent (40%) of the Net, Annual Cash Flow of the opera-
tions of the housing project developed by the Developer
pursuant to the terms of this Agreement (the "Project").
Such payments shall be due wi thin ninety (90) days of the
end of each operat.ing year of the project.. "Net Annual
Cash Flow" means all operating income and receipts of the
Project, less debt, service on the first mortgage loan from
Lender and the UDAG loan, real estate taxes, debt service
on t,he loans of Ci.ty funds to t,he Developer described. in
Paragraphs :i.'li(b) and iii(d) hereof and reasonable
operating expenses of the Project (including a management
fee not to exceed 5% of gross operating income) allowable
for Federal income tax pur:poses, excluding reserves for
capital improvements, depreciation and other non-cash
i t,ems but including reserves which are required by the
Lender.
4. A letter from the Director of Finance confirming the
availability and commitment of City funds in the amount of
$968,000.00.
5. An amendment to the UDAG Agreement reflecting the inser-
tion of cash before equity. 'rhis is the only requirement
of t,he additional submi.ttal which will require Cormnission
action, as it involves the amendment to the Agreement.
The amendment is simply to clarify that the developer's
equity must actually be in the form of cash contribution
~lhich, while being required by HUD, was the position of
all parties involved at the ti.me the original agreements
were draft.ed. The amendment. is attached hereto for your
review, along with a copy of the original agreement.
Mr. Eisenstadt expressed some concern about the availability of
developer funds in the amount of 3.3 million dollars which
concerns had been anticipated by the City. We are currently
working with the developer' s syndicators to confirm the avail-
ability of money and sat,isfy the HUD requirements. It is
ant,icipat,ed that once these matters get cleared up, final HUD
approvals will be Eorthcoming and all funds for the project
will be made available to the devel':)p'~r in accordance with our
various agreements.
City Commission
August ,),2, 1989
Page 3
This matter is being brough.tto you on an emergency basis
because the Amendment No. 1. to the UDAG Agreement. requires
commission approval and we are hopeful of forwarding all
necessary evidentiary materials to Mr. Eisenstadt for his
review prior to Friday, at whi.ch point. he will go on a two week
vacation and potentially delay final approval and availability
of funds from HUD by three or more weeks.
Our office shall be
Commissioner may have
Commission meeting of
avai.lable
concerning
August 22,
to answer any questions any
this matter at or prior to the
1989.
JSK:sh
Attachment
cc: Malcolm T. Bird, Interim City Manager
i
,
AMENDMENT ND. 1 TO UDAG AGREEMENT
THIS ~ENDMENT NO. 1 TO UDAG AGREEMENT, is made this
day of August, 1989 by and between the CITY OF DELRAY BEACH, a
Municipal corporation of the State of Florida (the "City") and
AUBURN TRACE, LTD., a Floci.da limited partnership (t.he
"Developer").
RECITALS
WHEREAS, the City is t.he recipient of an Urban Development
Action Grant ("UDAG") #B-88-AA012-0099(P) from the United
St,ates Department of Housing and Urban Development ("HUD"),
pursuant to a UDAG Grant. Agreement dated February 4, 1988,
together with all amendments and modification thereto ("UDAG
Agreement"), which UDAG Agreement is incorporated herein by
reference, in the amount of Three Million Eight Hundred Forty
Thousand Dollars ($3,840,000), and the City has agreed to lend
such UDAG funds (the "UDAG Loan") t.o the Developer; and
WHEREAS, the Developer has aC~lired an approximately
36-acre tract of land located in the City of Delray, State of
Florida, located in the Southwest quarter of the intersection
of 4th St.reet and S.W. 8th Avenue within the City's UDAG-
designated "Pocket of Poverty" (the "Project Site"), to be used
for the on-site and off-site improvements, construction of 256
unit.es o:r reni:al housing (64 one-bedroom units; 140 t,m-bedroom
unil:s and 52 three-bedroom units) the acquisition of the
Project site and the undertaking of the above-described activi-
ties thereon arce referred to herei.n as t,he "prdject, Element,s";
and
WHEREll.S, the Developer and the City have agreed to provide
additional. fi.nancing for the acquisi.tion and construction of
the Project Elements; and
IVHEREAS, the parties hereto entered into a UDAG Agreement
dated June 29, 1989, setting rort,h the obligations of the
Developer and the City with reference to the development af the
proj ect Elements ~and. t.he terms and conditions upon which t.he
City wil.l disburse the UDAG Loan; and
WHEREAS, the parties hereto desire to revise certain
provisions of the UDAG Agreement as set forth herein.
NOW, THEREFORE, for an in consideration of the sum of Ten
Dollars l$lO.OO) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and
the mutual obligations of the part.ies as hereinabove set forth,
the parties hereto hereby agree to amend the UDAG Agreement as
follows: .
I. The references t_o "equity" at Line 5 of Paragraph
Il(a), line 3 of Paragraph IV(b)(l)(Il), line 5 of Paragraph
IV(b)(l)(C), and line 3 of Paragraph IV(b)(2)(E) are hereby
revised to read "cash equity."
II. All references to "Auburn Trace Limited" are hereby
corrected to read "Auburn Trace, Ltd."
III. As amended hereby, the UDAG Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties heret.o have caused this
Amend.ment. No. 1 t.o UDAG Agreement_ to be executed as of t:he day
and year first above writ.ten.
ATTEST:
CITY OF DELRAY BEACH, a Florida
municipal corporation
By:
Approved as to form:
By:
Assistant City Attorney
WITNESS:
AUBURN TRACE, LTD., a Florida
limited partnership
,
,
By: Auburn Trace Joint Venture
By:
Jay Felner, President
Felner Development
Corp. ,
Managing Partner
"
S'fATE OF FLORIDA
)
>' ss
)
COUNTY OF PALM BEACH
'fhe foregoing instrument was acknowledged before me this
- day of August, 1989, by Jay Felner, as President of Felner
Development Corp., as Managing Partner of Auburn Trace Joint
Venture, as General Partner of Auburn Trace, Lt.d., a Florida
limited partnership, on behalf of said limited partnership.
Notary Public
r~y Commi.ssion Expir(~s:
(NOTi'.RIAL SEAL)
!
i
,
3
(
.
UDAG AGREEMENT
THIS AGREEMENT, made this 29th day of June, 1989 by and
between the CITY OF DELRAY BEACH, a municipal corporation of the
State of Florida (the "City") and AUBURN TRACE LIMITED, a Florida
limited partnership ("Developer").
RECITALS
WHEREAS, the City is the recipient of an Urban Development
Action Grant ("UDAG") #B-88-AA-12-0099(P) from the United States
Department of Housing and Urban Development ("HUD"), pursuant to a
UDAG Grant Agreement dated February 4, 1988, together with all
amendments and modification thereto ("UDAG Agreement"), a copy of
which is appended hereto and marked as Exhibit A and incorporated
herein by reference in the amount of Three Million Eight Hundred
Forty Thousand Dollars ($3,840,000), and the City has agreed to
lend such UDAG funds to Developer upon the terms and conditions
set forth herrin ("UDAG Loan"); and
WHEREAS; the Developer has acquired an approximately 36-acre
tract of land located in the City of Delray, State of Florida,
located in the Southwest quarter of the intersection of 4th Street
and SW 8th Avenue within the City's UDAG-designated "Pocket of
Poverty" (the "Project Site"), to be used for the on-site and
off-site improvements, construction of 256 units of rental housing
(64 one-bedroom units; 140 two-bedroom units and 52 three-bedroom
units) (the acquisition of the Project Site and the undertaking of
the above-described activities thereon are referred to herein as
the ",Project Elements"; and
WHEREAS, the Developer and the City shall provide additional
financing for the acquisition and construction of the Project
Elements; and
WHEREAS, the parties hereto acknowledge that the UDAG
Agreement, among other things, requires the City to enter into a
separate written agreement with the Developer, setting forth the
obligations of the Developer and the City with reference to the
development of the Project Elements and the terms and conditions
upon which the City will disburse the UDAG Loan.
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($lO.OO) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and the
mutual obligations of the parties as hereinabove set forth, the
parties hereto agree as follows:
.
."'.
I. Recitals. The Recitals form a part of this Agreement.
II. Developer's Oblioations. The Developer hereby
undertake and complete the following activities, subject
receipt of the UDAG Loan:
(a) acquire the Project Site and complete the Project
Elements thereon, at a total development cost of not less
than $14,442,700. Of such amount, not less than $5,600,000
shall be borrowed from Lender, not less than $3,314,700 shall
be an equity contribution, not more than $3,840,000 shall be
UDAG funds borrowed from the City, not less than $720,000
shall be purchase money mortgage financing provided by the
City, and not less than $968,000 shall be other funds
provided by the City (which includes a loan of not less than
$768,000 and a grant of not less than $200,000);
agrees to
to its
,
(b) borrow from Lender not less than $5,600,000 for
financing the development of the Project Elements;
(c) invest not less than $3,314,700 of cash equity
funds i~ connection with the development of the Project
Element's;
(d) borrow from the City not more than $3,840,000 of
UDAG funds (the "UDAG Loan") and not less than $768,000 of
other City funds for the financing of the Project Elements;
(e) receive a grant from the City in the amount of not
less than $200,000 for use in connection with the development
of the Project Elements;
(f) purchase the Project Site from the City for not
less than $730,000, of which at least $lO,OOO shall be paid
in cash and the remainder of which shall be in the form of
purchase money mortgage financing;
(g) execute a Guaranty of Completion pursuant to which
Developer shall, through the completion of construction in
accordance with the schedule set forth in subparagraph (h)
immediately below, irrevocably and unconditionally guarantee
the repayment of the UDAG Loan and the completion of the
Project Elements;
(h) acquire the Project Site no later than June 30,
1989, commence construction of the Project Elements no later
than June 30, 1989, and complete construction of the Project
Elements no later than December 31, 1990.
'III. Citv's Oblioations. The City hereby agrees to
undertake and complete the following activities, subject to its
'receipt of UDAG funds from HUD:
- 2 -
c
(a) make a loan of not more than $3,840,000 in UDAG
funds to Developer for construction and permanent financing
of the development of the Project Elements.
(b) loan to Developer not less than $768,000 of City
funds for use in connection with the development of the
Project Elements.
(C) grant City funds in the amount of not less than
$200,000 to the Developer for use in connection with the
Development of the Project Elements. _
(d) sell the Project Site to the Developer for not less
than $730,000, of which at least $10,000 shall be paid in
cash and the remainder of which will be in the form of
purchase money mortgage financing.
IV. Construction and Permanent Financing.
(a) Developer has closed or will close financing
transactions in connection with the UDAG Loan, the above-described
,
financing fr9m Lender and the above-described financing from the
City and will use the proceeds thereof for development of the
Project Elements.
(b) The Developer shall borrow the UDAG Loan funds from
the City for construction and permanent financing of the Project
Elements under the following terms:
(1) Construction Loan. The principal amount
of the UDAG Loan shall be not more than $3,840,000. No
interest shall be due on the UDAG Loan during the
construction phase. The term of the construction phase of
the loan shall commence with the initial disbursement of UDAG
Loan funds from the City to the Developer and shall be for a
period to end upon the completion of construction of the
Project Elements ("Completion of Construction"), but in no
event later than December 31, 1990.
Disbursement of the UDAG Loan shall be in accordance with the
following:
(A) UDAG Loan disbursements shall be
based on requisitions submitted by the Developer,
verified by the City and certified by the project
architect, or other certifying official as shall be
acceptable to the City. All submissions by contractors
shall be on AIA forms 702 and 703 or their equivalent.
(B) No disbursement of the UDAG Loan
Funds shall be made until the Developer has first
expended not less than $1,700,000 in equity funds toward
the development of the Project Elements.
- 3 -
(
"
~
(C) The disbursement of the UDAG Loan
shall be based on a ratio of One Dollar ($1.00) of UDAG
Loan funds for every Two Dollars and TwentY-Six Cents
($2.26) of countable private funds (including Developer
,equity funds described in subparagraph (b) immediately
above), such "Countable private funds" determined in
accordance with the provisions of the UDAG Agreement.
(D) Prior to disbursement, Developer
shall provide an ALTA policy for mortgage title
insurance, in the full amount of-the UDAG Loan, insuring
that the City will be the holder of a second lien on the
Project Site, free of encumbrances and other exceptions
to title except for those approved in advance by the
City, and not subordinated to any interest except the
first lien of the Lender in an amount not to exceed
$5,600,000 plus further advances by the Lender which are
invested in the Project Elements and are required for
the completion thereof. The UDAG Loan shall be in a
pari passu second lien position with the liens created
fOt by the mortgages from the Developer to the City
se uring the loans described in Paragraphs III (b) and
II (d) above.
(E) Prior to disbursement, Developer
shall provide a builder's risk and fire insurance policy
or POlicies duly endorsed to indicate the City as an
insured mortgagee.
(F) Prior to disbursement, all of the
evidentiary materials required by Exhibit E of the UDAG
Grant Agreement shall have been submitted to and
approved by HUD and HUD shall have authorized the City
to draw down such funds from its Letter of Credit, in
accordance with the draw down provisions set forth
herein.
(2) Permanent Loan.
(A) Term. The term of the permanent
loan shall be fifteen (15) years from the date of
Completion of Construction, but in no event later from
a date later than than December 31, 1990.
(B) Principal. The principal amount of
the UDAG permanent loan shall be the amount disbursed
under the UDAG construction loan.
(C) Interest. The interest rate shall
be 3% per annum.
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(D) Repayment. During years one
through five, principal payments shall be deferred and
interest shall be accrued and deferred at the rate of
3%, Compounded annually; such accrued and deferred
interest shall be due and payable in a single payment
at the end of the 15-year loan term. Beginning in y.ear
6, repayment of principal and interest shall be made in
equal monthly installments in accordance with a 25-year
amortization schedule. A balloon payment sufficient to
pay the entire outstanding indebtedness of principal,
interest and accrued interest sh~ll be made at maturity
of the UDAG Permanent Loan.
(E) Additional Interest. In addition,
the City will receive, as contingent interest, after a
12% preferred return to Developer on Developer's equity
contribution for the development of the the Project
Elements (on a non-cumulative basis), an annual payment
equal to forty per cent (40%) of the Net Annual Cash
Flow of the operations of the housing project developed
by /the Developer pursuant to the terms of this
Agreement (the "Project"). Such payments shall be due
within ninety (90) days of the end of each operating
year of the Project. "Net Annual Cash Flow" means all
operating income and receipts of the Project less debt
service on the first mortgage loan from Lender and the
UDAG Loan, real estate taxes, debt service on the loans
of City funds to the Developer described in Paragraphs
III(b) and III (d) hereof and reasonable operating
expenses of the Project (including a management fee not
to exceed 5% of gross operating income) allowable for
Federal income tax purposes, excluding reserves for
capital improvements, depreciation and other non-cash
items but including reserves which are required by the
Lender.
(F) Sale, Refinance or Transfer. Upon
the bankruptcy, reorganization, syndication (except
initial syndication pursuant to which the initial
equity funds for the development of the Project
Elements as described herein are anticipated to be
raised), dissolution or liquidation of the Developer,
change or transfer of more than 50% of the ownership or
control of the Developer (subsequent to the initial
syndication of the Developer) or the general partner of
the Developer or upon the sale, partial sale,
refinancing (except for permanent financing which may
be obtained to take out the construction financing from
Lender and except for a one-time right thereafter to
refinance the outstanding balance of the first mortgage
loan), exchange, transfer, sale under foreclosure or
other disposition of the Project Site or the
improvements or capital equipment thereon during the
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term of the UDAG Loan ("Sale"), the entire balance of
the principal of the UDAG Loan and all accrued, unpaid
interest shall become immediately due and payable to
the City. In addition, the City shall receive twenty-
five per cent (25%) of the Net Proceeds of sale or '
disposition in whole or in part of the Project or from
any syndication (except the initial syndication of up
to $5,800,000) or refinancing, except refinancing
allowed pursuant to a call and/or takeout provision in
the first mortgage and except for a one-time right
thereafter to refinance the outstanding balance of the
first mortgage loan. "Net 'Proceeds" shall be defined
as all proceeds received less repayment of the first
mortgage loan, repayment of the loans from the City
described in Paragraphs III (b) and III (d) of this
Agreement, repayment of the UDAG Loan, the Developer's
documented reasonable costs of sale or refinancing and
repayment of Developer's documented cash equity funds
invested in the Project.
,
!
(G) Developer Limitations.
(i) Auburn Trace Joint Venture (the
general partner of the Developer), its partners, and
any affiliates thereof (including individuals,
partnerships and corporations) shall not receive, on
an aggregate basis, (1) more than five per cent (5%)
of each of the Net Annual Cash Flow and Net Proceeds
with respect to the Project, nor (2) more than one per
cent (1%) of the low-income housing tax credits and
other tax benefits with respect to the Project. In
consideration of such limitation, partners and
affiliates of the general partner of the Developer
shall not be prohibited from earning reasonable profit
and overhead in connection with actual, reasonable and
necessary services performed in connection with the
development of the Project Elements; provided,
however, that the development fee in connection with
the development of the Project Elements shall be
governed by the provisions of subparagraph (ii)
immediately below.
(ii) The Developer Shall receive
10%, and the City shall receive 90%, of any Excess
Syndication Proceeds raised in connection with the
Project. "Excess Syndication Proceeds" shall mean all
net syndication proceeds (which inCludes all
syndication proceeds received less arm's length,
third-party costs of syndication inCluding but not
limited to legal, accounting, closing, printing,
syndication brokerage and marketing) received or
committed to be paid to the general partner of the
Developer that results in a surplus of receipts not
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required to complete the Project Elements that is in
excess of $4,402,700 (which includes a development fee
of $l,088,000 and $3,314,700 of other costs in
connection with the development of the Project ,
Elements). Any Excess Syndication Proceeds shall be
held in escrow until Completion of Construction. The
City shall apply one-half (50%) of any such Excess
Syndication Proceeds it has received pursuant to this
subparagraph to the repayment of principal of the UDAG
Loan, as and when due pursuant to the terms of this
Agreement. The characterization-of the remaining
one-half (50%) of any such Excess Syndication Proceeds
received by the City pursuant to this subparagraph
shall be determined with reference to the Annual Net
Cash Flow of the Project for the sixth year of the
Project's operations following Completion of
Construction, as follows: if the Annual Net Cash Flow
with respect to such year is negative, the remaining
one-half (50%) of the above-described Excess
Syndication Proceeds shall be applied to the repayment
of principal of the UDAG Loan (the City having
ex~rcised its right to so treat these funds under the
,
terms of the UDAG Agreement) as and when due pursuant
to the terms of this Agreement; if the Annual Net Cash
Flow with respect to such year is positive, the
remaining one-half (50%) of the above-described Excess
Syndication Proceeds shall be retained by the City as
miscellaneous revenues~ The ten per cent (10%) of
Excess Syndication Proceeds released to the Developer
-.upon Completion of Construction may be used for any
costs in connection with the development of the
Project Elements, including the payment of an
additional development fee.
(iii) No improvements or capital
equipment situated on the Project Site shall be
removed, demolished or materially altered (except in
the ordinary course of business), without the prior
written consent of the City, except that the Developer
shall have the right, without such consent, to remove
and dispose of, free from any lien of the City, such
equipment as from time to time may become worn out or
obsolete, provided that simultaneously with or prior
to such removal any such equipment shall be replaced
with other equipment of equal or greater value and
free from any title retention or encumbrance except as
authorized pursuant to Paragraph IV(b)(2)(I) below,
and by such removal and replacement Developer shall be
deemed to have subjected such equipment to the lien of
the City.
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(H) Annual AccountinG. The Developer
and its general partner shall furnish to the City,
within ninety (90) days after the close of each of the
Developer's operating years during the term of the
UDAG Loan, a copy of its financial statement prepar~d
in accordance with generally accepted accounting
principles by an independent certified public
accountant certifying operating income and receipts of
the Project; operating expenses allowable for Federal
income tax purposes, Net Annual Cash_Flow; Developer
cash equity contributed to the Pr~ject; net proceeds,
if applicable; gross syndication proceeds, if
applicable; net syndication proceeds, if applicable,
and a statement of allowable deductions used to
determine said amount, in accordance with Paragraph
IV(B)(2)(G) above; Excess Syndication Proceeds, if
applicable; and the amount of participation in Net
Annual Cash Flow, Net Proceeds and Excess Syndication
Proceeds due to the City, to the extent applicable.
/
(I) Securitv.
(i) The UDAG Loan shall be secured
by a mortgage on all land, bUildings, fixtures,
equipment and other assets of the Developer which
comprise the Project. The UDAG Loan shall be a second
lien on the Project, and shall be subordinate only to
the first lien security position held by Lender in an
amount not to exceed $5,600,000 plus any further
advances made by Lender which are invested in the
Project and are required for its completion; however,
such second lien may be in pari passu with the lien or
liens securing the repayment of the loans from the
City described in Paragraphs III(b) and III(d).
(ii) The mortgage shall contain
provisions to protect the interest of the second
mortgagee including a provision that default under the
first lien shall constitute a default under the UDAG
Loan and the unpaid principal balance and interest
thereon shall be due and payable to the City.
(iii) The mortgage shall not contain
an exculpation clause in favor of the Developer,
provided that the liability of the general partner of
the Developer shall be as set forth under the guaranty
described in Paragraph II (g) of this Agreement.
(iv) To the extent permitted by law,
all of the personal property described in the mortgage
shall be deemed to be fixtures and part of the real
property. As to any part of such personal property
not deemed or permitted by'law to be fixtures, the
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mortgage shall constitute a security agreement under
the Uniform Commercial Code, as in effect in the State
of Florida.
(J) Prepavment. Prepayment may OCcur
at any time without the prior written approval of the
City.
(c) The Developer shall borrow City matching funds for
Construction and permanent financing of the Project Elements
under the following temrs and conditions: _
(1) The principal amount of the Loan shall be not
less than $768,000.00. The term of the loan shall commence
with the initial disbursement of UDAG funds pursuant to
Paragraph lV(b)(l) of this Agreement from the City to the
Developer and shall end on the date fifteen (15) years from
that date.
,
,
i (3) Disbursement shall be in accordance with the
following:
(2) The loan shall bear no interest.
(A) The City matching loan disbursement
shall be based on requisitions submitted by the
Developer, verified by the City and certified by the
project architect or other certified official as shall
be acceptable to the City. All submissions by
contractor shall be on AlA Forms 702 and 703 or their
equivalent.
(B) No disbursement of the City
matching loan funds shall be made until Developer has
first expended not less than $l,700,000.00 in equity'
funds toward the development of the Project Elements.
(C) The disbursement of the City
matching loan funds shall be based on a ratio of twenty
cents of the City matching loan funds for everyone
dollar of UDAG loan funds disbursed to the Developer,
such UDAG loan funds to be in accordance with the
provisions of Paragraph lV(b)(l) of this Agreement.
(D) Prior to disbursement, the
Developer shall provide an AT LA policy for mortgage
title insurance, in the full amount of the City
matching funds, insuring the City will be a holder a
second lien on the Project Site, free of encumbrances
and other exceptions to title except for those approved
in advance by the City, and not subordinated to any
interest except the first iien of the Lender in an
amount not to exceed $5,600,000.00 plus further
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advances by the Lender which are invested in the
project elements and are required for the completion
thereof. The City matching loan shall be in a pari
passu second lien position with the liens created for
by the mortgages from the Developer to the City
described in III (a) and III (d) above.
(E) Prior to disbursement, the
Developer shall provide builders risk and fire
insurance policy or policies duly endorsed to indicate
the City is an insured mortgagee.~
(F) Prior to disbursement, all of the
evidentiary materials required by Exhibit E of the UDAG
Agreement shall have been submitted to and approved by
HUD and HUD shall have authorized the City to draw down
UDAG loan funds from its Letter of Credit, in
accordance with the draw down provisions set forth
herein.
/ (G) Repayment shall be due and payable
on ~ach anniversary date of the initial disbursement.
The repayment amount on each such date shall be one-
fifteenth of the total principal due to the City upon
completion of the Project. If upon an anniversary date
of the initial disbursement there remains the potential
for further disbursements to be made to the Developer,
the minimum amount due and payable to the City shall be
$51,200.00.
(H) During the term of this loan and
the term of the UDAG Loan, the City shall have the
right to review and approve the Developer's retention
of a management firm for the Project. In addition, the
Developer must also receive the City's approval as to
the initial rules and regulations for the Project.
Prior to any change in management firm or the rules and
regulations for the Project, the Developer must receive
the City's written approval and consent to such change.
(I) The Developer agrees to defend,
indemnify and hold harmless the City or any of its
employees, agents, or servants from any and all damage,
actions, suits, claims, or demands whatsoever kind made
by or on behalf of any persons, including the City, as
a result of damage or injury incurred to the City's
water main located in the vicinity of the Developer
security and gatehouse as it is located on the approved
site plan for the Project. Damages shall inClude, but
not be limited to, repair work, reasonable attorneys'
fees, travel investigation, expenses caused by said
damage, actions, suits, or' claims or demands.
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(J) The Developer, upon the demand of
the City and at the City's sole discretion during the
term of this loan or the UDAG Loan, shall deed Track B
and/or Tract D as shown on the plat for Auburn Trace to
the City for park and recreational purposes.
V. Proiect Schedule. The Project Elements shall be
constructed in accordance with the following schedule:
Activity
Commencement Date
Completion Date
Land Acquisition
Construction
June 30, 1989
June 30, 1989
December 31, 1990
VI. Creation of Jobs. The Developer agrees to use its best
efforts to create or cause to be created within thirty-six (36)
months from preliminary approval of the UDAG (February 4, 1988)
the jobs referenced in Exhibit A of the UDAG Agreement. The
Developer agrees to report to the City, from time to time, on the
number and kinds of such jobs created or caused to be created and
filled. /
/
VII. Third Party Contract Requirements. The parties hereto
agree to comply with, and be bound by, the applicable provisions
of Article IX of the UDAG Grant Agreement, the said provisions
being contained in Exhibit B appended hereto and incorporated
herein by reference.
VIII. Notices. All notices, requests and demands upon the
respective parties hereto shall be deemed to have been given or
made when deposited in the United States mail, postage prepaid
and addressed as follows:
To City:
City of Delray Beach
100 N.W. lst Avenue
Delray Beach, Florida 33444
Attention: City Attorney
To Developer:
Auburn Trace Limited
c/o Auburn Trace Joint Venture
4723 West Atlantic Avenue, Suite 9
Delray Beach, Florida 33445
Attention: Jay Felner
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IX. No Waiver; Cumulative Remedies. ~o failu7e by the City
or the Developer to exercise and no delay 1n exerc1sing any
right, power or privilege under this Agreement shall operate as a
waiver thereof: nor shall any single or partial exercise of any,
right, power or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other right, power or
privilege.
X. Counterparts.
number of counterparts
to be an original.
This Agreement may be executed in any
and each such counterpart ~hall be deemed
XI. APPlicable Law. This Agreement is made, executed and
delivered in the State of Florida and Florida law shall govern
its interpretation, performance and enforcement.
XII. Conflict of Interest. The City shall comply with the
applicable conflict of interest provisions of Attachment 0 of OMS
Circulars A-I02 and A-I10 and 24 C.F.R. 5570.611.
XIII. Headinqs. Any headings of the paragraphs in this
Agreement are i1serted for convenience and reference only and
shall be disregarded in construing and/or interpreting any of its
provisions.
XIV. Force Maieure. Notwithstanding any provisions herein to
the contrary, the deadline for Completion of Construction set
forth in Paragraph V is subject to extension as a result of
strikes or other labor troubles, unavailability of materials,
national emergency, adverse weather conditions or other cause not
within the Developer's reasonable control ("Force Majeure"); such
extension shall be for such reasonable time as may be required to
remedy the Force Majeure causing such delay.
XV.
signs at
by HUD.
Siqns. Developer and City agree to erect appropriate
the Project Site in accordance with criteria established
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IN WITNESS WHEREOF, the parties hereto have caused this UDAG
Agreement to be executed as of the day and year first above
written.
ATTEST:
() tl/l~~. iJl!r . Ji?l~-rr
Custog,fa of the Se
GW&. ct6y- C~
CITY OF DELRAY BEACH, a Florida
municipal corporation
[SEAL]
By:
~a/ Jcf::,,/~Lk:-~
,/ ==-
Approved as to form:
By:
WITNESS:
I
,
/
AUBURN TRACE LIMITED, a Florida
limited partnership
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By: Auburn Trace Joint Venture
STATE OF FLORIDA )
) ss
COUNTY OF PALM BEACh)
The foregoing instrument was acknowledged before me this 29th day of June, ]989,
by Jay Feiner, as General Partner of AUBURN TRACE JOINT VENTURE, a Florida
general partnership, the general partner of AUBURN TRACE L TO" a Florida limited
partnership, on behalf of the partnership.
(NOTARIAL SEAL)
(:-, .'
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Notary Public . -,
l' C '. E' I:OTARVP[jnlICST~,TECfFlC1l'DA
-I Y om miSSIon Xplres: tw CCj1I'm;SIC:~ H!'.~JArl. hl.1lJi1J
DO:I~[o nmu GU:Enf.L 1:1". WiD,
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PROPOSED BEAUTIFICATION IMPROVEMENTS
PINEAPPLE GROVE WAY
DELRAY BEACH, FLORIDA
Design Development Alternatives
Atlantic Avenue to N.E. 4th Street
Delray Beach, Florida
Schemes A - E
n. Kurt Kettelhut and Associates
Landscape Architects, Site
Planner, Land Planners
227 Goolsby Blvd.
Deerfield Beach, FL 33442
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PINEAPPLE GROVE WAY
DESIGN ALTERNATIVES
SOIEME A
I. Design Description: Keep basic layout of 64 trees with 4 sculptures
located along the side of the street (within the parking area).
II. Cost Estimate of Installation
a. 64 trees @ $250/tree
.................................... .$16.000.00
b. pavement removal
25 sq ft/tree @ $1.00 sq ft = 25.00 x 64 ....................$1.600.00
c. flew pavement
25 x $4.50 = $112.50 x 64....................................$7.200.00
d. 4 sculptures - lump sum.....................................$25.000.00
e. sculpture display areas
40 linear feet of 6" curb @ 13.00 = 520 x 4 ............... ..$2.080.00
+ 10%
$55.480.00
$5.548.00
$61.028.00
8/14/89
PINEAPPLE GROVE WAY
DESIGN ALTERNATIVES
SCHEME B
I. Design Description: Reduce the number of street trees to 50, taking into
account the existing trees at the Ocean Lumber Co. and Dixie Food Store
parking lot. Four sculptures situated along the side of the street
(within parking area).
II. Cost Estimate of Installation
a. 50 trees @ $250/tree ; .....................................$12,500.00
b. pavement removal
$25.00/tree x 50....................... ....................$1.250.00
c. new pavement
$ll2.50/tree x 50 ......................................... .$5.625.00
d. 4 sculptures - lump sum.....................:...............$25.000.00
e. sculpture display areas
6" curbs $520.00 x 4 ........................................$2.080.00
new pavement 900.00 x 4 .....................................$3.600.00
+ 10%
$50.055.00
$5,005.00
$55,060.00
8/14/89
PINEAPPLE GROVE WAY
DESIGN ALTERNATIVES
SCHEME C
I. Design Description: Ten landscape nodes and three sculpture nodes will
be situated in the existing parking lane within the first three blocks.
12 street trees positioned in the sidewalk and 1 sculpture located in
front of Post Office will be placed in the 4th Block.
II. Cost Estimate of Installation
a. 10 landscape nodes
30 linear feet of curbs = $390.00 x 10 ......................$3.900.00
new pavement - 100 sq. ft. = $450.00 x 10....................$4,500.00
10 palms @ $1.000.00 ..................................... ..$10.000.00
b. 4 sculptures
lump sum................................................... .$25.000.00
c: sculpture display areas
6" curb $780.00 x 4....................................... ..$3.120.00
new pavement $2,700 x 4......................... ...... .....$10.800.00
d. 12 street trees @ $250.00/tree...............................$3.000.00
pavement removal $25.00 x 12 .................................. $300.00
new pavement $112.50 x 12..................................$1,350.00
+ 10%
$61.970.00
$6,197.00
$68.167.00
8/14/89
PINEAPPLE GROVE WAY
DESIGN ALTERNATIVES
SCHEME D
I,. Design Description: Scheme D will include all elements of Scheme C plus
the addition of 9 landscape nodes at the intersection of Pineapple Way
and N.E. 1st Street, N.E. 2nd Street, and N.E. 3rd Street.
II. Cost Estimate of Installation
a. Scheme C ................................................... $68,167.00
b. Scheme D
pavement removal - 1800 sq. ft. @ $1.00......................$1.800.00
6" curb - 270 linear feet @ 13.00............................$3.510.00
accent landscaping
$800 per node x 9.........................................$7,200.00
+ 10%
$12,510.00
$1,251.00
III. Street Furniture
lighting, benches, etc. - lump sum.............................$1O.000.00
$75,731.00
$85,731.00
8/14/89
PINEAPPLE GROVE \'A Y
DESIGN ALTERNATIVES
SCHENE E
I. Design Descri ption: Scheme E will combine the best elements of
Schemes B. C. and D. These elements were considered by the committee to
represent improvements that it would like to see developed on Pineapple
Grove Way. This scheme grew out of a joint meeting that was held between
the Beautification Trust Fund and the Pineapple Grove Support Group. Of
the five schemes. this is the plan that these two groups are endorsing.
II. Cost Estimate of Instal]ation
a. trees
50 trees @ $250/tree = . .... ................................$12.500.00
pavement removal
$25.00/tree x 50 ......................................... .$1,250.00
new pavement
$112.50/tree x 50 ........................................ .$5,625.00
b. wide sculpture pods
6" curb $780.00 x 4 ....................................... .$3,120.00
new pavement $780.00 x 4 ..................................$10.800.00
c. 4 sculptures - lump sum. ....... ............................$25,000.00
d. intersection nodes
pavement removal - ]800 sq. ft. @ $].00 .....................$],800.00
6" curb - 270 linear feet @ ]3.00 ..... ......................$3,510.00
accent landscaping
$800 per node x 9 ....................................... ..$7.200.00
+ 10%
$70.805.00
$7,080.00
$77.885.00
8/17/89
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i DESIGN DEVELOPMEN PLAN;
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iSCHEME A & B.;
Iii: KURT,KETTe-LHUi'! t: LANDSCAPE ARCHITECT
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, DESIGN'DE'vELOPMENJ,.PLAN,.
I,PINEAPPLEGROVe.i WAY I
. SCHEMEC' & D'
rH. 'KURT KETTELHUT' :
· LJ\NDSCAPE ARCHITECT:
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~[ESIGN .DEVELOPMENT PLAN : ~INEAPPLE GROVE. W A V :'f;'i
I SCHEME D. .
r:ff:KURT' KETTELHUTi . ;U\NDSC'APE'ARCHITE'CT~
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DESIGN DEVELOPMENT PLAN
PINAPPLE GROVE WAY
SCHEME E
U "'''DT VC'TTC' UIIT lAND~CAPF 4R~I-IIT~rT
CITY DF DElRAY BEA[H
iOG r~w 1st A\;::r,!;JE
: Jl: lAA y' BE,/-\CH, F LOF~ I OA :i3..l44
<fa? 24.3- i 'J(})
PR( ", If' ['I()".
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WHEREAS, Firefighting is acknowledged to be one of our
nation's most hazardous professions; and,
WHEREAS, Firefighters daily dedicate their lives to
protect the life and property of fellow citizens; and,
WHEREAS, the fire fighters work together on communi ty
projects to make Delray Beach a better place to live; and,
WHEREAS, the Muscular Dystrophy Association and fire-
fighters nationwide have been partners in the fight against
neuromuscular diseases for over three decades; and,
WHEREAS, the Muscular Dystrophy Association is extremely
grateful to the firefighters of Delray Beach, Florida; and,
WHEREAS, the Muscular Dystrophy Association is sponsor-
ing Florida/Delray Beach Firefighter Appreciation Week to be held
August 28 - September 4, 1989, in honor of the efforts of Flori-
da/Delray Beach's fire fighters; and,
WHEREAS, it is fitting and appropriate that the City
Commission of Delray Beach join the Muscular Dystrophy Association
in support of our fire fighters,
NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the week of August 28
- September 4, 1989, as
"DELRAY BEACH FIREFIGHTER APPRECIATION WEEK"
in the City of Delray Beach and urge all citizens to commend and
support the Delray Beach Firefighters for their efforts in behalf
of the Muscular Dystrophy Association.
IN WITNESS WHEREOF, I have hereunto
caused the Seal of the City of Delray Beach,
affixed this 22nd day of August, 1989.
set my hand and
Florida, to be
MAY 0 R
DOAK S. CAMPBELL
SEAL
h
July 19, 1989
\\^ - - ~
VU~ ~
J_.,
Ms.Tina Eno
Public Information Center
City of Delray
100 N. W. 1st Avenue
Delray Beach, Fl. 33444
Dear Ms. Eno:
I am writing on behalf of the Muscular Dystrophy Association _
Jerry's Kids. The reason behind this letter is to seek the
support of the Board of County Commissioners of Palm Beach
County. The state .of Florida has proclaimed August 28 through
September 4, 1989 as Firefighter appreciation week. I am seeking
the same proclamation from the local cities in which the
firefighters operate.
Please find enclosed the wording of such a proclamation. I
would like to arrange a presentation of such a proclamation
(leading up to the Jerry Lewis Labor Day Telethon, September 3
and 4).
.
Encl.
:ld
MDA /8895 NORTH MILITARY TRAIL / SUITE 203D-2ND FL / PALM BCH GARDENS. FL 33410 / (407) 627-4300
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RESOLUTION NO. 53-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY
BEACH, FLORIDA, RECOGNIZING AND COMMENDING BYRON J.
MATTESON FOR 30 YEARS OF SERVICE TO THE CITY OF DELRAY
BEACH.
WHEREAS, Byron J. Matteson was hired on September 11, 1959 by
the City of Delray Beach; and,
WHEREAS, Byron J. Matteson has been a faithful and dedicated
employee of the Finance Department of the City of Delray Beach for 30
years; and,
WHEREAS, Byron J. Matteson retired from employment with the
City of Delray Beach effective September 29, 1989,
NOW ,- THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby expresses its thanks and sincere appreciation to
Byron J. Matteson for 30 years of dedicated service to the City of
Delray Beach, and wishes him happiness in his retirement.
PASSED AND ADOPTED in regular session on this the 22nd' day of
August, 1989.
MAY U k(
ATTEST:
City Clerk
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m::s')t,U';',ON NO. 55-89
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A hF.l>OLUTION OF THE Crr.i COMMISSION OF THE CITY OF
IJELr{}>,Y BEACH, FLORIDA, SlJPPORTUIG THE PASSAGE BY THE
UNITED ~TATES CONGRESS OF H.R. 2978, A BILL AMENDING
SECTION 700 OF TIT!,! 18, UNITED STATES CODE, To BE
KNOWN liS THE "FLAG ~ROTECTION ACT OF 1989", WHICH
SHALl, PROTECT THE PH'iSICAL INTEGRITY OF THE FLAG OF
1'HE UNITED STATES OF AMERICA; AUTHORIZING AND
DIRECTING THE CITY CI.ERK TO PROVIDE COPIES OF THIS
RESOLUT,ON; ~ROVIDING AN EFFECTIVE DATE.
WHE.REAS, the City Commission of the City of Delray Beach,
Florida, on behalf of the residents and citizens of the City of Delray
Beach, Florida, is concerned and disturbed by the recent ruling of the
United States Supreme Court which might allow persons to mutilate,
deface, burn, or trample upon the flag of the United Sta.tes of America;
and,'
WHEREAS, the United States Congress is currently conSidering
the adoption of H.R. 2978, to be known as the "Flag Protection Act of
1989", which shall protect the physical integrity of the Uniteti States
flag; and,
"
WHEREAS, the City CommiSSion of the City of Delray Beach,
Florida believes that the United States flag is the symbol of our nation
and people should bes" protected; and, , /
WHEREAS, t.he City Commission of the City of Delray Beach,
Florida, wishes to support H.R. 2978 and urge its passage by the
Con9ress,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BV.CH, FLORIDA, AS FOLLOWS:
Section 1. That t.he City Commission of the City of Delray
Beach, FlorIda, does belteby support and urge the passage of H.R. 2978 by
the United States Congress in order to preserve the phYsical integrity
of the SymbOl of our natioll, cha United States flag.
Slilction 2. That the C.ity Clerk lis hereby authorized and
dj,rected to furnish copj as of this Resolution to members of the United
States, Congress, and to representatives of the Veterans of Foreign Wars
and all other Bppropriate civic organizations, groups, and agencies.
Section 3. That l;his Resolution shall become effective
immediately upon its pn5sAge.
PASSED AND ADOPTED in regular session on this the
, 1999.
day of
ATTBST:
MAYOR
City Clerk
7C
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ORDINANCE NO. 43-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH LOTS 2, 3, 4, 11,
12,18,26,27,28,29,33,34 AND 36, THE
EAST 200 FEET OF LOT 9, LOT 14 (LESS THE
NORTH 20.25 FEET OF THE WEST 186 FEET THERE-
OF), AND THE EAST 80 FEET OF LOT 35, DELRAY
BEACH ESTATES, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 21, PAGE 13, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED ON
THE EAST AND WEST S IDES OF NORTH FEDERAL
HIGHWAY, BETWEEN DIXIE HIGHWAY AND THE CITY
LIMITS OF THE TOWN OF GULFSTREAM, AND LYING
NORTH OF ALLEN AVENUE AND SOUTH OF GULFSTREAM
BOULEVARD; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO GC (GENERAL
COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard A. Barnett is the fee simple owner of
Lots 2 and 3, Delray Beach Estates; Maurice A. Stimpson, Sr. and
Barbara J . Stimpson, his wife, are the fee simple owners of Lot
4, Delray Beach Estates; Smoke land Inc., of the Palm Beaches, a
Florida corporation, is the fee simple owner of the east 200 feet
of Lot 9, Delray Beach Estates; Bhikhu Patel, a married man, is
the fee simple owner of Lots II and 12, Delray Beach Estates;
Gene Moore, Trustee, is the fee simple owner of Lot 14 (less the
North 20.25 feet of the West l86 feet thereof), Delray Beach
Estates; Ralph Buick, Inc. is the fee simple owner of Lot 18,
Delray Beach Estates; Gulfstream Lodge, Inc., a Florida corpora-
tion, is the fee simple owner of Lots 26 and 27, Delray Beach
Estates; Thomas E. Brandt and Sandra E. Brandt, his wife, are the
fee simple owners of Lots 28 and 29, Delray Beach Estates;
Roseken, Inc., a Florida corporation, is the fee simple owner of
Lot 33, Delray Beach Estates; Century National Bank of Broward,
as Trustee, is the fee simple owner of Lot 34, Delray Beach
Estates; Paul E. Huhman and Sylvia B. HUhman, his wife, are the
fee simple owners of the East 80 feet of Lot 35, Delray Beach
Estates; and Arnold J. Granet and Gladys Granet, his wife,
Herbert L. Wachtel and Lenore E. Wachtel, his wife, Arthur
Sussman and Suellen Sussman, his wife, as tenants in common, are
the fee simple owners of Lot 36, Delray Beach Estates; and,
WHEREAS, the fee simple owners as hereinabove named
have requested by their petitions to have the property hereinaf-
ter described annexed into the municipal limits of the Ci ty 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 petitions 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 l73.886 have been followed in establishing the proposed
zoning designation; and,
.-
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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 COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the Ci ty of
Delray Beach, Palm Beach County, Florida, hereby annexes to said
City the following described lands located in Palm Beach County,
Florida, which lies contiguous to said City to-wit:
Lots 2, 3, 4, 11, 12, 18, 26, 27, 28, 29, 33,
34 and 36, the east 200 feet of Lot 9, Lot 14
(less the north 20.25 feet of the west 186
feet thereof), and the east 80 feet of Lot
35, DELRAY BEACH ESTATES, according to the
Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book
21 at Page 13.
The subject property is located on the east
and west sides of North Federal Highway,
between Dixie Highway and the City limits of
the Town of GUlfstream, and lying north of
Allen Avenue and south of Gulfstream Boule-
vard.
The above described parcel contains 9.904
acres 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 GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4. That the land hereinabove described shall
immediately 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 proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
- z -
Ord. No. 43-89
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
final reading on this the
in regular session on
day of
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 3 -
Ord. No. 43-89
C I T Y
COMMISSION
DOCUMENTATION
TO:
WALTER O. BARR~,. ~TY MANAGER
,~ / //1
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FRANK R. SPENCE, DIRECTOR
~.EELOPMENT SERVICES GROUP
~)~j~u~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF JULY 25, 1989
FIRST READING, NORTH FEDERAL HIGHWAY ANNEXATIONS WITH
INITIAL CITY ZONING OF GENERAL COMMERCIAL (GC)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of two enacting ordinanceS which
would bring some properties on North Federal Highway into
the City under G.C. zoning.
One ordinance annexes l3 parcels immediately. The other
ordinance annexes what is known as the City's bookstore site
with a later effective date.
BACKGROUND:
Pursuant to the annexation pOlicy contained in the Comprehensive
Plan, the City is beginning to annex eligible properties within
its planning and service area. The first geographic area being
approached is North Federal Highway. Of the 35 County parcels in
that area, l4 are included in this action. The annexations are
voluntary in that l3 of 29 property owners have executed
affidavits for vOluntary annexation. Those owners who have not
elected to be annexed at this time will be responsible for
processing individual requests when they wish to develop or
redevelop their property. More detail on the process and method
of solicitation is found in the full P&Z baCkground materials.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item following a
public hearing held on July l7, 1989. The Board reviewed six
requests (described in the Board's Staff Report) which were aired
by petitioners. One of those petitioners, Richard Barnett,
addressed the Board. Another property owner in the area, a Mr.
Tom Schwerin, voiced objection. He was informed that the status
of his property would not be affected by the annexation of other
properties.
The Board then forwarded the item to the City Commission with a
6-0 recommendation of approval with GC zoning.
The Board's recommendation was based on five statements of
finding as documented in the staff report.
RECOMMENDED ACTION:
By separate motions, approve the ordinances on first reading and
set a pUblic hearing date (second reading) for August 22, 1989.
Attachments:
cover sheet, July l7, 1989, P&Z Staff Report
status map from the staff report
ownership map from the staff report
PLANNING 8 Z... ,\lING
CITY OF OELRAY
BORRD
BEACH
---
STAFF REPORT
MEET ING CATE:
Julv 17. 1989
AGEf\DA ITEM:
III-B
ITEM :
North Federal Highway Annexations and Initial ZoninR
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GENERAL DATA:
Owners................. .Various, see "Attachment Bn
Location.................East and West of Federal Highway,
between Dixie Hwy. and che City Limits
of Gulfstream; North of Allen Avenue,
South of Gulfstream Boulevard; see
"Attachment A"
Description..... .........Lots 2-4, 11, 12, 18, 26-29, 33-36,
inclusive; the east 200 feet of Lot 9;
and ' Lot 14, less the north 20.25 feet of
the west 186 feet; Delray Beach Estates
Total Size ............. 10.65 acres
Jurisdiction ............Palm Beach County
County Land Use Plan ....L-M/C (Low-Medium Residential/
Commercial Potential)
City Land Use Plan ......C (Commercial)
County Zoning ...........CG (General Commercial)
Proposed City Zoning ....GC (General Commercial)
Current Use .............See "Attachment B"
Water Service ...........8" line on Federal Highway and 10" line
on Lindell Boulevard
ITEM:1J[- 6
Sewer Service ...........Existing lines on Federal Highway
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ORDINANCE NO. 46-89
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 26, 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 WEST SIDE OF MILITARY TRAIL,
APPROXIMATELY 670 FEET SOUTH OF LINTON
BOULEVARD; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING Fo.R THE ZONING THEREOF TO GC (GENERAL
COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sabra/SVO Properties, a Florida joint venture,
comprised of Sabra Development Corporation and SVO Associates,
Inc., both Florida corporations, is the fee simple owner of the
property hereinafter described; and,
WHEREAS, Michael B. Schorah & Associates, Inc., as duly
authorized Agent for Sabra/SVO Properties, a Florida joint
venture, has requested by its petition to have the 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; and,
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 COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Ci ty Commission of the Ci ty 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:
A parcel of land situate in Section 26,
Township 46 South, Range 42 East, Palm Beach
County, Florida, being more particularly
described as follows:
The East Three-Quarters (3/4) of the South
Half (1/2) of the Northeast One-Quarter (1/4)
of the Northeast One-Quarter (l/4) of Section
26, less the East 75.00 feet therefrom.
The subject property is located on the west
side of Military Trail, approximately 670
feet south of Linton Boulevard.
The above described parcel contains a 14.20
acre parcel of land, more or less.
q
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 GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4. That the land hereinabove described shall
immediately 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 proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bili ty for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments 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
final reading on this the
in regular session on
day of
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 46-89
t-JLANN I NG 8 7 -)N I NG BOARD
/ CITY OF OELRAY BEACH
--- STAFF REPORT ---
MEETING D=lTE: July 17, 1989
AG~ ITEM: III-G
IT~: Annexation and Rezoning for WALMART
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SEE NEXT PAGE
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SUPPLEMENTAL CITY COMMISSION DOCUMENTATION
TO:
MALCOLM BIRD, IN~~: CITY ~ANAGER
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FRANK R. SPENCE, DIRECTOR
VELOPMENT SERVICES GROUP
THROUGH:
~kLYV'{)
DA ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: CITY COMMISSION MEETING OF AUGUST 22, 1989
2ND READING, WAL-MART ANNEXATION ORDINANCE
We have recently received comments from the County relative to
this annexation request (copy attached). The County Planning
Division has coordinated a review by other County agencies. None
of the comments present positions or concerns other than were
already known. The summary statement includes a (County
Planning) staff request that the annexation be postponed "until
an interlocal agreement can be implemented".... "An inter local
agreement in this area will address the elimination of pockets
and enclaves in the annexation area". The County staff provided
a copy of the proposed interlocal agreement.
Not proceeding with the annexation will hinder the development
efforts of the petitioner. The provisions of the proposed
interlocal agreement are consistent with the City's Comprehensive
Plan. However, it is suggested that we work with the County to
expand the proposed agreement to include the totality of the
City's future annexation area and not adopt mUltiple agreements.
It is recommended that we proceed with the annexation and that
the Planning Department work with the County in expanding the
proposed interlocal agreement.
Attachment:
critique letter from County Planning
REF/DJK~49.CCWALMRT.TXT
C I T Y
COMMISSION
DOCUMENTATION
TO:
WALTER O. BARRY, llTY MANAGER
'~~ J(/1 ~~
FRANK R. SPENCE, DIRECTOR
~ELOPMENT SERVICES GROUP
~~X,~.~&-
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF JULY 25, 1989
FIRST READING, ANNEXATION OF PROPERTY ALONG MILITARY
TRAIL WITH INITIAL CITY ZONING OF GENERAL
COMMERCIAL (GC) (WAL-MART)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an enacting ordinance which
would bring a 14.2 acre site on Military Trail into the City
under G.C. zoning.
Following annexation it is anticipated that a site and
development plan for a WAL-MART store will be received.
BACKGROUND:
This is a voluntary annexation request. Previously a water
service agreement was approved for a 145,000 sq. ft. development
on this site. However both the previous site plan and the water
service agreement have expired. Pursuant to current pOlicy,
annexation (instead of a water service agreement) is processed
for properties which are eligible for annexation. The property
is zoned GC in the County. Please see the P&Z staff report for a
full description of the project history and the zoning analysis.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered
public hearing held on July l7, 1989.
comment other than that from the applicant.
this item following a
There was no public
The Board then forwarded the item to the City Commission with a
5-1 recommendation of approval with GC zoning.
The Board I s recommendation was based upon five statements of
findings identified in the staff report.
RECOMMENDED ACTION:
By motion, approve the enacting ordinance on first reading and
set a public hearing date (second reading) for August 22, 1989.
Attachments:
cover sheet, July 17, 1989, P&Z Staff Report
:;.-
'..."- '"'-'.
DRAtt
August 14, 1989
David J. Kovacs
Director
Department of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Kovacs;
Palm Beach County Planning Ditision has coordinated the review of
the proposed annexation of 1~.2 acres, generally located on the
west side of Military Trail, approximately 700 feet south of
Linton Boulevard. County staff comments are as fOllows;
1. PLANNING DIVISION; James Ponseti, Planner
-...
The proposed annexation is the first attempt by the City to
expand across Military Trail. The parcel is in an area
designated by Oelray Beach as their future annexation reserve
area (adopted, in plan??). The property is only contiguous
across Military Trail along approximately 2l percent of its
boUndary. However, the portion of the City's boundary that
abuts the proposed annexation is a finger-like extension of
incorporated land at the western edge of a larger pocket.
Palm Beach County's Interim Annexation Review POlicy requires
Planning staff to enforce the prOVisions of Chapter 171,
Florida statutes, Which states in SUbsection 171.031 (12):
. "Compactness" means concentration of a piece
of property in a single area and precludes
any action which would create enclaves,
pockets, or ringer like areas in serpentine
patterns (bold added]. Any annexation
proceeding in any county in the state shall
be designed in such a manner as to ensure
that the area will be reasonably compact. '
Further, in subsection l71.044 (1), Voluntary Annexation:
. The owner Or owners of real property in an
unincorporated area of a county Which is
contiguous and reasonably compact [bold
added] may petition the governing body of
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said municipality that said property be
annexed to the municipality.'
Staff believes that this proposed annexation is actually
extending an existing finger-like area, further exacerbating
an already undesirable situation. Addi tionally, the move
across Military Trail deepens an existing pocket, the
elimination of which is priority of county annexation policy,
county staff cannot support this annexation.
The "Palm Beach County Interim Annexation Review POlicy,"
adopted August 2, 1988, requires County l>lanning staff to
review proposed annexations for "statutory deficiencies,"
pursuant to Chapter 171, F.S. If the proposed annexation is
determined not to be in compliance with statutory require-
ments, then the County may take one of the following actions:
- -
1.
The County and the municipality may enter into an
interlocal agreement as detailed in ~~~ County Policy,
or
2.
I
If an interlocal agreement between the County and the
municipality "cannot be executed within 30 days of the
adoption of the annexation ordinance, the county may
tile a lawsuit to enforce the requirements of Chapter
171, F.B. in accordance with section 171.081. F.S."
2. ENGINEERING:
Allan Ennis, Development Review Engineer
Access to the proposed development should be coordinated
with the exiting median openings on Military Trail,
using crOss-access openings if necessary.
Jim Choban, Civil Engineer
Any annexation should be conditioned upon conveyance ot
ultimate right-ot-way for Military Trail, sixty feet
from centerline.
project will require phasing to meet the Traffic
Pertormance standard.
3. FIRE-RESCUE: Kathy Owens, Special 'projects Coordinator
The SUbject property creates a finger, as it is the first
parcel proposed to be annexed west of Military Trail.
Although level ot service is not an issue with this proposal
as the City of Delray Beach should be able to provide the
same level of service and response time from their Station
#3 on Linton Boulevard, as is currently provided by Palm
Beach County Fire-Rescue. .
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The County should address the need ~or the City ot Delray
Beach to annex those enclaves east of Military Trail b~t~
they move forward with this parcel.
4. SHERIFF'S OFFICE: Diana Newcomer, Criminal Justice Planner
Staff hlls reviewed the proposal and the following issues
have a been identified for your consideration.
A. Even though this property would be regarded as con-
tiguous with the City, across Military Trail, its
annexation would create a pocket, thus augmenting an
already serpentine boUndary. As a result, a mixed
services area would be defined and confusion would
result for both the citizens and law enforcement.
B.
If annexed, emergency re.ponse and routine patrol
vehicles must traVel to Military Trail trom any other
point to reach this property. Since Military Trail is
routinely patrolled by the Sheritf's ottice, a potential
hazard is created. ~.
. .
From a law enforcement perspective, we fe.l that proposals
supporting the creation of pockets and serpentine boundaries
conflicts with the spirit of annexation. We would encourage
DelrllY Beach to propose boundaries that would eliminllte all
areas of potentially hazardous and confusing situations
relative to law enforcement services.
5. ENVIRONMENTAL R~SOURCES MANAGEMENTl 80b xraus, Environmen-
tal Analyst
No Comment.
6. UTILITIESl C. Tim Rus.ell, Director, Enqineerinq Division
No Comments--the proposed annexation is outside the PBCWUD
service area.
FISCAL IMPAGI: Richard ROberts, Assistant Director, Office of
Financial Management and BUdget
Based on the property Control numbers that Jame. Ponseti provided
to us as being applicable to the proposed annexation (Property
Control Nos. 00424626000001010 and 00424626000001020), the 1988
assessed value of the property is $2,4l7,245. The City of Delray
Beach is not part of the Palm Beach County Library nor part of an
MSTU. Therefore, these taxes would not he paid on this property
after the annexation occurs. At 1988 millage ratee this would
have represented $2,208.64 in Library taxes and $3,334.35 in
Fire-Rescue taxes.
These amounts would be more than offset by the higher County
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taxes which would be levied on the property atter construction of
the proposed shopping center.
SUMMARY;
1. Statf requests that you postpone any final action on this
proposed annexation until an interlocal agreement can be
implemented. An interlocal agreement in this area will
address the elimination of pockets and enclaves in the
annexation area.
2. staff requests that you ensure dedication of the necessary
right-of-way, as indicated above and on the County's Thorough-
fare Right-Of-Way Protection Map. Additionally, staff
encourages the phasing of the development and use of the
existing median openings for access as discussed above.
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Thank you for the opportunity to review and respond to these
actions. Please include these comments with your'backup materials
tor all meetings and hearin~. where this annexation is discussed.
Feel free to contact this o~fice if you have any questions.
sincerely,
Dennis Foltz, AICP
Planning Director
FlLE:J2/ANNXDBCH.2
Attachment
cc: Board of County Commissioners
Bob Weisman, Asst. County Administrator
Donna Kr1stapon1s, Executive D1rector, PZB
Richard F. Morley, Principal Planner
James ponseti, Planner
!lob Kraus, ERM
Allan Ennis, Traffic Engineering
Jim Choban, Land Development
Kathy Owens, Fire-Rescue
Diana Newcomer, Sherift's Office
C. Tim Russell, Engineering Division, PBCWUD
Countywide Planning council
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ORDINANCE NO. 49-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH LOT 35 (LESS THE
EAST 80 FEET THEREOF), DELRAY BEACH ESTATES,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 21, PAGE 13, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE EAST SIDE
OF NORTH FEDERAL HIGHWAY AND WEST OF THE TOWN
OF GULFSTREAM, LYING NORTH OF ALLEN AVENUE
AND SOUTH OF GULF STREAM BOULEVARD; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach, a Florida municipal
corporation, is the fee simple owner of the property hereinafter
described; and,
WHEREAS, the City of Delray Beach, a Florida municipal
corporation, seeks to have the property annexed into the munici-
pal 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; 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; and,
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 COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Tha t the Ci ty Commission of the Ci ty 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:
Lot 35 (less the East 80 feet thereof),
DELRAY BEACH ESTATES, according to the Plat
thereof on file in the Office of the Clerk of
the Circuit Court in and for Palm Beach
County, Florida, recorded in Plat Book 21 at
Page 13.
The subject property is located on the east
side of North Federal Highway and west of the
Town of Gulfstrearn, lying north of Allen
Avenue and south of Gulfstream Boulevard.
The above described parcel contains a 0.746
acre parcel of land, more or less.
10
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 GC (General Commercial)
as defined by existing ordinances of the City of Delray Beach,
Florida.
Section 4. That the land hereinabove described shall
immediately 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 proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments 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
on March l, 1990.
PASSED AND ADOPTED in regular session on
final reading on this the day of
second and
, 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 49-89
o @
ORDINANCE NO. 50-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS-
TRATION", CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS",
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, F!.ORIDA, BY AMENDING SECTION
35.093(G), "CREDITED SERVICE", TO ADD PROVISIONS DELEGAT-
ING AUTHORITY TO THE GENERAT EMPLOYEES RETIREMENT
COMMITTEE TO WAIVE, UNDER EYTFNUATING CIRCUMSTANCES,
THE NINETY DAY REPAYMENT DEAf:LINE SET FORTH IN THIS
SECTION; PROVIDING A SA V/NG CIA flSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the General Employees Retirement Committee has requested that the
City Commission of the City of Delray Beach, Florida, enact an ordinance amendment to
delegate to said Retirement Committee the authority to waive the ninety day repayment
deadline set forth in Section 35.093 (G) under "xtenuating circumstances as determined
by the Retirement Committee; and,
WHEREAS, the City Commission deems it to be in the best interests of the
members of the General Employees Retirement Plan to enact such amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", ChapteJ 35, "Employee Policies
and Benefits", "Retirement Plan", of the Code of OrdinanceJ of the City of Delray
Beach, Florida, be and the same is hereby amended by amending Section 35.093(0),
"Credited Service", to read as follows:
(G) The repayment of a previous distribution plus interest under division
(E) of this section or the payment of employee contributions plus interest under
division (F) of this section will be payable in a lump sum within 90 days after
reemployment or on or before July 1, 1985 whichever is later. However, persons who
are employees of the city as of January 16, 1985 at 5:01 p.m. may elect to pay the
amount required in installments. If this option is used, $1,000 will be due within 90
days of the date of adoption of this subchapter by the City Commission with subsequent
payments of the lesser' of $1,000 or the balance due payable every three months after
the initial payment. If any type of benefit payment under the plan begins prior to the
full payment of employee contributions or a previous distribution plus interest, the
outstanding balance will be deducted from the benefit payments as they become due.
The Retirement Committee shall have the authority to waive the 90 day repayment
deadline set forth herein, upon a finding by the Retirement Committee of extenuatin.
c'rcumstances upon mdIvIdual request wh ch shall be submItted not later than nIne)
months following reemployment.
Section 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 affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3. That all or.dinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten (0) days after its
passage on second aJ'l d final reading.
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PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 1989.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
/
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2
ORD. NO. 50-89
ORDINANCE NO. 50-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE III,
"ADMINISTRATION", CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 35.093(GI, "CREDITED SER-
VICE", TO ADD PROVISIONS DELEGATING AUTHORITY TO
THE GENERAL EMPLOYEES RETIREMENT COMMITTEE TO
WAIVE, UNDER EXTENUATING CIRCUMSTANCES, THE
NINETY DAY REPAYMENT DEADLINE SET FORTH IN THIS
SECTION; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the General Employees Retirement Committee has
requested that the City Commission of the City of Delray Beach,
Florida, enact an ordinance amendment to delegate to said Retire-
ment Committee the authority to waive the ninety day repayment
deadline set forth in Section 35.093(G) under extenuating circum-
stances as determined by the Retirement Committee; and,
WHEREAS, the City Commission deems it to be in the best
interests of the members of the General Employees Retirement Plan
to enact such amendment,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title III, "Administration", Chapter
35, "Employee Policies and Benefits", "Retirement Plan", of the
Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby amended by amending Section 35.093(G), "Cred-
ited Service", to read as follows:
(G) The repayment of a previous distribution plus
interest under division (EI of this section or the payment of
employee contributions plus interest under division (F) of this
section will be payable in a lump sum within 90 days after
reemployment or on or before July 1, 1985, whichever is later.
,However, persons who are employees of the city as of January 16,
1985, at 5:01 p.m. may elect to pay the amount required in
installments. If this option is used, $l,OOO will be due within
90 days of the date of adoption of this subchapter by the City
Commission with subsequent payments of .the lesser of $1,000 or
the balance due payable every three months after the initial
payment. If any type of benefit payment under the plan begins
prior to the full payment of employee contributions or a previous
distribution plus interest, the outstanding balance will be
deducted from the benefit payments as they become due. The
Retirement Committee shall have the authority to waive the 90 daY
repayment deadline set forth herein, upon a finding by the
Retirement Committee of extenuating circumstances upon individual
request.
Section 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 affect the validity of the
remainder hereof as a 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.
II
Section 4. That this ordinance shall become effective
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 1989.
MAY 0 R
ATTEST:
City Clerk
First Reading
July 25, 1989
Second Reading
- 2 -
Ord. No. 50-89
ORDINANCE NO. 51-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL)
DISTRICT, IN PART, RM-I0 (MULTIPLE FAMILY
DWELLING) DISTRICT, IN PART, AND R-1A (SINGLE
FAMILY DWELLING) DISTRICT, IN PART, IN SAD
(SPECIAL ACTIVITIES) DISTRICT, SAID LAND BEING
ALL OF THE NORTH 324.04 FEET OF LOT 38, SECTION
9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST
OF THE EAST RIGHT-OF-WAY LINE OF THE FEDERAL
HIGHWAY, BEING STATE ROAD NO.5, AND EXTENDING
TO THE INTRACOASTAL WATERWAY, LYING AND BEING IN
PALM BEACH COUNTY, FLORIDA, AS PER PLAT RECORDED
IN PLAT BOOK 8 AT PAGE 40 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, AND LOT "A", SNOW
HILL, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, SAID LAND IS LOCATED
SOUTH OF THE DELRAY DRIVE-IN THEATRE AND NORTH
OF ALLEN AVENUE, BETWEEN U.S. HIGHWAY NO. 1 AND
THE INTRACOASTAL WATERWAY, 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 Planning and Zoning Board, at the meeting
held August 3, 1989, recommended zoning and placing of land
presently zoned GC (General Commercial) District, in part, RM-I0
(Multiple Family Dwelling) District, in part, and R-IA (Single
Family Dwelling) District, in part; in the zoning SAD ,(Special
Activities) District, and,
WHEREAS, the City Commission has determined that such
change should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property is
hereby zoned and placed in the SAD (Special Activities) District
as defined in Chapter 173 of the Code of Ordinances of the City
of Delray Beach, Florida, to-wit:
All of the North 324.04 feet of Lot 38, Section
9, Township 46 South, Range 43 East, lying East
of the East right-of-way line of the Federal
Highway, being State Road No.5, and extending
to the Intracoastal Waterway, lying and being in
Palm Beach County, Florida, as per Plat recorded
in Plat Book 8 at Page 40 of the Public Records
of Palm Beach County, Florida;
AND
Lot "A", SNOW HILL, according to the Plat
thereof recorded in Plat Book 21, Page 83, of
the Public Records of Palm Beach County, Flori-
da.
The subject property is located south of the
Delray Drive-In Theatre and north of Allen
Avenue, between U.S. Highway No. 1 and the
Intracoastal Waterway.
The above described parcel contains a 11.11 acre
parcel of land, more or less.
11.-
Section 2. That the uses allowed for the subject
property described in Section 1, above, pursuant to Section
173.631 of the Code of Ordinances of the City of Delray Beach,
Florida, shall be as provided for in Exhibit "A" attached hereto
and made a part hereof.
Section 3. That the development of the subject proper-
ty described in Section 1, above, is to be in accordance with the
terms, conditions and provisions as set forth in Exhibit "A"
attached hereto and made a part hereof.
Section 4. 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 5. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED
final reading on this the
in regular session on
day of
second and
, 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 -
Ord. No. 51-89
EXHIBIT ;'A" TO ORDINANCE
CITY OF DELRAY BEACH
PRO J E C T
DES C RIP T ION
MAR I N A
CAY ,
S. A. D.
A PROJECT APPROVED UNDER THE
SPECIAL ACTIVITIES DISTRICT
PROVISIONS OF THE DELRAY BEACH
CITY CODE (l73.630-638)
EXHIBIT "A" TO ORDINANCE
CITY OF DELRAY BEACH
AS RECOMMENDED FOR APPROVAL
BY THE PLANNING AND ZONING
BOARD ON AUGUST 3, 1989
I
I.
ALLOWED USES: The following uses
within the Marina Cay S.A.D.
limitations herein described:
are the only uses
and are sUbject
allowed
to any
A. General Commercial Uses:
1.
Retail sale of goods as allowed in the
Commercial (GC) Zone District.
General
2. Business and Office Uses including professional,
medical, real estate, finance, insurance, accounting,
consulting, and general business offices.
3. Personal Services including barber and beauty shops.
4. Any commercial use involving the care and keeping of
animals, including sale of pets, is prohibited.
B. Specific Commercial Uses:
1.
Restaurants and
lounges, bars,
associated with
entertainment and
Building # l.
food service including cocktail
and commercial entertainment when
the lounge or bar. Commercial
lounge or bar uses are restricted to
2. Servicing and repair of items which may be sold on the
premises provided that such service and repair is
adjunct to a retail sales business. This shall be
interpreted to not include installation or service or
repair of such items in the marina with the exception
of boats which regularly occupy assigned slips.
C. Residential Use:
l. Residential dwelling units limited to a maximum unit
count of l02. Minimum floor area requirements as set
forth in the RH Zone District apply. There are no
limitations, minimum or maximum, on the number of bedrooms.
D. Marina Use:
l. Sixty-two (62) slips/docks for boats.
2. The slips are for use only by owners of condominium
units in Marina Cay or lessees (residences and
commercial spaces) of such units.
.
- 2 -
d.
3. Boat repair facilities, fueling of boats, and rental of
boats, jet skis, or use of the docks for any commercial
activity including embarkation or debarkation is
prohibited. However, such restrictions shall not
preclude the use of a slip, designated for temporary
mooring, for the purpose of accommodating a water taxi
which operates along the Intracoastal Waterway.
4.
Use of slips for temporary mooring in order to
facilities within Marina Cay are permitted only
slips so designated on the approved site plan.
condition II.A.12)
use
at
(See
E. Associated Uses:
l. Temporary outdoor sales, displays, and entertainment
are permitted on the Esplande.
2. The Athletic Club facilities as shown on the site plan
are exclusively for the use of owners of a unit in
Marina Cay or lessees of of such units and their
guests. These facilities include the tennis courts,
handball courts, jogging trail, and facilities within
the Athletic Club structure.
II. DEVELOPMENT REGULATIONS AND REQUIREMENTS: The fOllowing
establish development regulations specifically for this
S.A.D. development. Items which are not addressed within
this Section II shall be regulated as otherwise provided in
the City Code.
A. Regulations:
l. There is no requirement for side, front, or rear
setbacks from lot lines which may be created within the
Marina Cay development. This item does not apply to
the original perimeter boundary of the site for which
the lS' setback provisions of 173.663(A) applies.
[173.633(C)]
2. There is no requirement for building setbacks from the
interior street system (South Marina Way, North Marina
Way). However, building features and any structures,
except for Building #l, shall not extend over or within
three feet of any part of the interior street system
including adjacent parallel parking spaces. The
pedestrian walkway is a structure,. [l73.633(C)]
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3. The total floor area for retail, office, and restaurant
use shall not exceed 65,500 square feet. This
requirement does not include the area of the Esplande
or other areas which are common corridors or open to
the weather. [173.634(B) ]
4. The height of structures shall be regulated by
173.032(A)&(B) with the grade from which height is
measured being 10.34 feet MSL (Mean Sea Level).
(173.635)
5. A minimum of four hundred and twenty (420) useable
parking spaces, excluding loading areas shall be
provided and maintained for the Marina Cay development.
Valet parking shall be provided at Building #l for all
noon and evening meals. (l73.636) This parking
regulation is based on the analysis on page 5, the
Marina Cay Staff Report, dated July 27, 1989.
6. A six foot high block wall shall be constructed and
maintained along the boundary with the Snow Hill
Subdivision west of Palm Trail. This wall shall be
constructed prior to excavation for any structures or
public improvements.
7.
No guardhouse, gateways, or restrictions
incoming traffic may exist within one
(100') of the east right-of-way line for
on the flow of
hundred feet
U.S. 1.
g. South Marina Way shall not connect to Palm Trail in
such a manner as to allow any traffic from Marina Cay
to travel upon Allen Avenue, except for emergency
situations (evacuation and municipal services).
9. North Marina Way shall be used to carry public traffic
to adjacent properties without first obtaining a major
modification to the site plan and accommodating a
redesign of North Marina Way to a local street 'section
standard. This restriction does not apply to emergency
situations and use by the Town of Gulfstream for
official purposes.
lO. All utilities shall be placed underground.
ll. All signing shall be reviewed and approved by the
Community Appearance Board.
l2. No more than ten slips may be designated for "temporary
mooring" purposes.
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B.
Requirements: The
normal on-site
requirements may
offices.
tollowing requirements are in addition to
development requirements. Additional
be imposed by permitting agencies or
1. Marina Cay shall install a sewer lift station to handle
sewage. The lift station shall be designed (size and
depth) to accommodate inflow from a natural sewer
service area. Concurrent with installation a gravity
main shall be extended to the lift station from the
intersection of Allen Avenue and Palm Trail if any part
of the main will be beneath the reconstructed protion
of Palm Trail. The lift station shall be enclosed and
sound-proofed to the satisfaction of the Director of
Public Utilities.
2. Marina Cay shall reconstruct the street surface of Palm
Trail northerly from its intersection with Allen Avenue
and shall prGvide a "T" turnaround at a location
approved by the City Engineer.
3. Marina Cay shall construct a median opening in u.s. 1.
In addition, other improvements which may include but
not be limited to restriping, widening, and a
right-turn entry lane and which are required by either
the State, County, or City shall be constructed by
Marina Cay. Such additional requirements shall be
determined concurrent with the issuance of a permit
from FDOT for construction of the median.
4.
Removal and or relocation of mangroves shall
accomplished only by permit from the County E.R.M.
C. Compliance with Site Plan:
be
l. Marina Cay shall be developed in substantial compliance
with the certified site plan attached hereto and as
modified, or to be modified pursuant to Part III of
this Project Description. (This is the revised site
plan stamped received, July l3, 1989.) Substantial
compliance is defined herein to require that the
specific landscaping, water and sewer, paving and
drainage plans and overall site plan [which are to be
approved through the minor modification process
(173.869) subsequent to enactment of the S.A.D.
rezoning ordinance] shall be substantially consistent
with the certified site plan. The Planning and Zoning
Board shall make a determination of "substantial
compliance" upon approval of such specific plans. If
such a determination is not made by the Planning and
Zoning Board, the certified site plan attached hereto
must first be modified through the major modification
process established for conditional uses (173.850).
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2. As an alternative to construction of the proposed
Marina, the area shown as such may be developed as a
lake. If so developed, it's existence shall not be a
basis for removal of the water features along U.S. 1.
The alternative of a lake shall be required if the
construction of a marina is not approved by permitting
agencies.
D. Construction Sequencinq: Marina Cay is to be developed in a
single phase. Such "single phase" development is defined as
follows.
1. The first element of construction shall be the boundary
wall along the Snow Hill Subdivision.
2. The first structure for which construction is to
commence shall be Building #l which is the structure
along the Intracoastal Waterway. Construction shall
not commence until all permits from SFWMD, FDOT, and
HRS are approved and provided to the City.
3. Occupancy of BUilding #l shall not occur until such
time as the marina (lake) is excavated, parking for the
restaurant and retail/office uses within it are
constructed and certified for use, all improvements in
the south fifty feet (50') of the site west of Palm
Trail are fUlly constructed, and all off-site
improvements are accepted by the appropriate entity.
4.
Building #2
schedule of
traffic must
may be constructed pursuant to the time
the developer; however, all construction
be limited to North Marina Way.
5. Any facilities which are constructed on a temporary
(other than for construction work purposes) or "phased"
basis shall be developed to full standards (i.e. a
temporary surface parking lot for Building #l shall be
per parking lot design standards).
III. CONDITIONS OF APPROVAL, SITE AND DEVELOPMENT PLAN:
A. Site Plan modifications: The following are items which are
not specifically approved pursuant to the certified site
plan. These items are to be addressed in the submission and
review of specific detail plans as identified in Part II.C.
l. The on-site entry configuration is subject to
modification as may be requested by the City Engineer.
.
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2. The configuration of the entry to BUilding #1 is
subject to modification as may be requested by the Fire
Marshall including a vehicle turnaround area.
3. The design of northerly terminus of Palm Trail (i.e. a
"T" turnaround as opposed to a standard cUl-de-sac) is
subject to modification as may be requested by the City
Engineer.
4. The one-way traffic flow adjacent to parallel parking
spaces on South Marina Way is to be reversed. These
parking spaces are to be located so as not to be under
the pedestrian walkway. An adequately designed
turnaround which accommodates eastbound traffic which
is not to proceed east of Palm Trail is to be provided.
To accommodate these items redesign of this section of
South Marina Way should be considered.
5. The water system is be looped with a connection from
the main at the east end of North Marina Way to the
main in South Marina Way. This connection shall be
routed along the marina so as to accommodate fire
suppression devices.
6. Adjustments are necessary to the water features along
U.S. 1 in order to accommodate required right-of-way
dedications.
B. Additional Submission Requirements: The following items
were not addressed during review of the S.A.D. submission.
Thus, they are to be reviewed and acted upon concurrent with
the review and action of the specific plans.
1. A specific traffic control plan for the on-site entry.
(separate eXhibit)
2. Loading zone use and control program.
3.
Trash preparation and
must be reviewed and
hauler.
disposal program. This program
accepted by a commercial trash
4. Lighting details and illumination characteristics for
the wall, dock, and street lighting.
5. Lighting details and illumination characteristics for
Building #2 with attention to illumination and glare
impacts upon residences to the south.
6.
Details of the pedestrian sky bridge. This
is a required element of the project. If
provided, a new ground level pedestrian
system must be provided.
sky bridge
it is not
circulation
- 7 -
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C. Plat Submission Requirements: In addition to the normal
plat submission requirements, the following is required.
l. Copies of permit applications and a written status
report for each of the fOllowing:
a) FDOT re median modifications
b) SFWMD re drainage system
cl ERM re mangrove removal/relocation
d) DNR re marina
e) Corps of Engineers re marina
f) HRS re water and sewer
g) DER re marina
2.
Written replies or status reports from
relative to each of the following items:
a) FDOT re mitigation of traffic impacts
b) FDOT re use/elimination of its existing drainage
f aci li ties
c) DNR re exception from D.R.I. requirements
d) TCRPC re exception from its Marina siting policy
e) Chief Building Official, City of Delray Beach,
regarding the need for a variance for items within
fifteen feet (l5') of the east property line.
agencies
3. A written description of the proposed method of
ownership of residential units, commercial space, and
boat slips and the treatment of common and limited
common areas. Included shall be a description of how
the various ownership interests relate to State and
local subdivision regulations.
4. Dedication of right-of-way along U.S. 1 pursuant to the
County Thoroughfare Plan (to be provided by the plat).
IV.
MODIFICATION PROCEDURES: Except as otherwise
herein, the Marina Cay S.A.D. development plan and
uses may be modified as follows:
A. Use Modifications:
provided
allowed
l. Changes to the description of uses contained herein,
either allowed or prohibited uses, shall be made only
through the conditional use major modification process.
2. Interpretations of allowable uses shall be accommodated
through either the conditional use minor or
non-impacting modification pro~ess. (173.850)
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B. Site Plan MOdifications:
1. Modifications to the certified site plan shall be made
pursuant to Part II.C.l. Upon Planning and Zoning
Board approval of a new overall site plan, it shall be
certified.
2. Subsequent to certification of an overall site plan
which is approved pursuant to Part II.C.l, additional
modifications may be made through the site and
development plan modification process (l73.869).
3. Changes to the overall site plan or specific plans
(e.g. landscaping, water, sewer, paving, drainage)
which are necessitated by conflict with one another,
shall be processed, at a minimum, as a non-impacting
modification and prior to issuance of a certification
of occupancy for any portion of the development, the
Director of Planning may require an as-built overall
and/or specific plan which reflects such changes.
END OF NARRATIVE
Attachment:
Overall site plan, stamped received JUly 13, 1989.
REF/DJK#48/MARINA.TXT
- 9 -
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ORDINANCE NO. 52-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF
D~LRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION
33.6l(B), "APPLICATION", SUBSECTION (3), TO PROVIDE A
7.331; PAYROLL DEDUCTION EFFECTIVE OCTOBER 1, 1989; BY
AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY",
SUBSECTION (A), "NORMAL RETIREMF.NT DATE", SUB-SUBSECTION
( 1 ), TO PROVIDE THAT AN EMPLOYEE MAY RETIRE AFTER COMPLE-
TION OF 20 YEARS OF CONTINUOUS SERVICE; BY AMENDING
SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", BY
DELETING SUBSECTIONS (C), "EARLY RETIREMENT DATE" AND (D),
"EARLY RETIREMENT BENEFITS" AND RELETTERING THE REMAINING
SUBSECTIONS; BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS
AND ELIGIBILITY", SUBSECTION ( G), "VESTING", SUB-SUBSEC-
TION (l)(b)(l), TO PROVIDE FOR PAYMENT OF PENSION BENEFITS
TO EMPLOYEES WHO HAVE TERMINATF.D EMPLOYMENT AFTER TEN OR
MORE YEARS OF CONTINUOUS SERVICE; AND BY AMENDING SECTION
33.64, "CONTRIBUTIONS", SUBSECTION (A), TO PROVIDE THAT
MEMBERS SHALL MAKE REGULAR CONTRIBUTIONS TO THE TRUST FUND
AT A RATE EQUAL TO 7.33% EFFECTIVE OCTOBER 1, 1989;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORD1\INED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments",
"PenSions", Section 33. 6l, "Membership; Conditions of Eligibility;
Application", Subsection (B), "Application", SUb-s'lbsection (3) of
the Code of Ord~nances of the City of Delray Beach, Florida, be, and
the same is, hereby amended, to read as follows:
(3) Authorization of a &\ 7.33% payroll deduction payable to
the system, effective October l, 1989.
Section 2. That Chapter 33, "Police and Fire Departments",
"Pensions", Section 33.62, "Benefit Amounts and Eligibility",
Subsection (A), "Normal Retirement Date", Sub-Subsection (l) of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is, hereby amended to read as follows:
(1) A member may elect to retire on the first day of any month
if coincident with or fOllOWing the attainment of his fifty-second
birthday and the completion of 20 years of continuous service;
however, employees who are eligible to and become members of the
effective date of this system shall be eligible to retire, as above,
upon the attainment of their fifty-second birthday, regardless of
the number of years of continuous service.
Effective October l, 1989, a member may elect to retire on
the first day of an month coincident with or next followin his
completion of 20 years of continuous service. This provision shall
not a 1 to an member who retires or terminates em lo eut rior
to October l, 1989.
Section 3. That Chapter 33, "Police and Fire Department,s",
"PenSions", Section 33.62, "Benefit Amounts and Eligibility", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is, hereby amended by deleting Subsection (C), "Early Retire-
,If
\
ment Date" and Subsection (D), "Early Retirement Benefit" in
their entirety and relettering the remaining subsections.
Section 4. That Chapter 33, "Police and Fire Depcu::tments" ,
"Pensions" , Section 3 3.62, "Benefit Amounts and Eligibility" ,
Subsection (G), "Vesting", Sub-subsection (l) (b) ( l) of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is, hereby amended to read as follows:
1. The pension benefit accrued to his date of termina-
tion, paYable Commencing a~-~i8-e~~e~i8e-ea~iie8~-fte~ai_~e~i~emeft~
da~e on the date which would have been his earliest normal retire-
ment date had he remained in emplovrnent, provided he does not elect
to withdraw his member contributions, or
Section 5. That Chapter 33, "Police and Fire Departments",
"PenSions", Section 33.64, "Contributions", Subsection (A), of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is, hereby amended to read as follows:
(A) Member contributions. Members of the retirement system
shall make regular contributions to the trust fund at a rate equal
to 6% 7.33% (6% prior to October l, 1989) of their respective annual
earnings. Eligible employees, as a condition of membership, shall
agree in writing Upon becoming a member to make the contribution
specified herein. These contributions shall be deducted from the
earnings before the same are paid, until the member has completed 30
years of continuous service at which time payments stop.
Section 6. 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 tfereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective ten (lO)
days after second and final reading.
PASSED 100) ADOPTED
reading on this the
in regular
day of
session
on
second and final
, 19
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 52-89
. ':}""'~<'t:\f~j;",.,
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[ITY DF DELAAY BEA[H~~ ~~,
CITY ATTORNEY'S OFFICE
310 S.E. 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483
407/243.7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: July 17, 1989
To: Chairman, Police and Fjrefighters Pensjon Board of Trustees
From: Herbert \']. A. Thi.ele, City Attorney
Subject: Proposed Amendments to Pensjon Ordinances Regarding "20 and
Out" Plan and Implementation of Tax Defe.rral for Employee
Contributions
Attached hereto for your review and information, please find copies of a
proposed ordinance which would inRtitute the "20 and Out" Plan which was
agreed to by the City Commission in conjunction with their approval of the
collective bargaining agreements w:ith the Fraternal Order of Police and the
International Association of Fire Fighters. In addition, also in accordance
with these---agreements, there is a second ordinance attached which would
tentatively implement the tax deferral for employee contributions, the
ordinance change being subject to ultimate approval by the Internal Revenue
Service .
We have also attached hereto the actuarial impact statements prepared by your
actuaries which must be filed with the State prior to the final public hearing
on the ordinances. A member (and we would suggest the Chairman) of the
Pension Board must sign these statements in advance, sending this, along
with a copy of the proposed ordinance, to the Division of Retirement in
advance of the second and final reading of these ordinances.
We would appreciate you scheduling these matters for consideration and
approval by the Pension Board at an upcoming meeting, and by copy of this
memorandum to the City Commission and the City Manager's Office are
informing them of this process so that these ordinances may be scheduled as
soon as possible for review and potential adoption by the City Commission.
You will note that the effective date of the ordinance concerning the "20 and
Out" Plan would be October 1, 1989, while the effective date of the tax
deferral ordinance would be immediately, subject, to IRS approval.
July 17, 1989
Page 2
If you have any questions concerning the effect or content of either of these
two ordinances, please contact the City Attorney's Office.
$'
HT:jw
Enclosures
cc: City Commission
Robert />.. Barc:inski, Interim City Manager
John Elliott, Assistant City H2nager
David M. HUddleston, Director of Finance
Marty R:itchason, Personnel/Labor Relations Director
Steven Bloom, Esq., Attorney for I. A. F. F .
Robert K1ausner, Esq., Attorney for F. O. P.
JamE;!s vi. Linn, Esq., Carson & Linn
Steven Palmquist, Kruse, O'Conner & Ling
.......---
/
,.
KRUSE, O'CONNOR AND LING 'NC.
F"ORT LAUOERDALE OF'F"ICE
WEST IIROWARD PROF'ESSIONAL BUILDING
7320 G'''''''l''l 1=10"0, SUITE 200
F"ORT LAUDEROALE, "LORIO... 3331'"
(305) 71iU-S88a
~"'''''~a.-d' ~.r"''Wf
NORTH/CENTRAL F'L..ORIOA OF"F'ICE
101 SOUTHEAST SECOND PLACE, SUITE ZOI
GAINESVILLE, F'LORJDA 32eOJ
(904) 375 -3800
Fort Lauderdale Office
June 13, 1989
Bureau of Program Services
Cedars Executive Center, Bldg. C
2639 North Monroe Street
Tallahassee, Florida 32399-1560
Bureau of Municipal Police/Fire
Retirement Trust Funds
State Treasurers Office
Room 208, Larson Building
Tallahassee, Florida 32399-0300
Re: Actuarial Impact Statement for the Delray Beach
Police and Firefighters Retirement System
Dear Sirs:
The City Council of Delray Beach is considering the enclosed proposed
ordinance which would:
1. mow normal retirement after 20 years of service, regardless
of age, and
2. Raise the members' contribution rate from 6% to 7.33% of
salary.
As indicated by the enclosed tables, this ordinance would raise the
required City contribution by 2.01% of covered payroll. In determining the
effect of these changes, we have assumed that each member will retire when he
reaches his normal retirement date.
In our opinion, the proposed changes are in compliance with Part VII,
Chapter 112, Florida Statutes and Section 14, Article X of the State
Constitution.
Respectfully submitted,
by
For the Board of Trustees
as Plan Administrator
by
"
"
DELRAY BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM
SUMMARY OF OCTOBER I, 1988 VALUATION RESULTS
COVERED GROUP
A. Number Included in the Valuation
1. Active Members
2. Inactive Members
B. Covered Annual Payroll
LONG RANGE COST
Before
Changes
204
39
$6,459,505
C.. Actuarial Present Value of Projected Benefits 38,965,936
D. Actuarial Value of Assets
E. Actuarial Present Value of Future
Contributions
1. Total: C - D
2. Portion Assigned to Unfunded Frozen
Actuarial Accrued Liability (UFAAL)
3. Portion Assigned to Future Normal Costs
CURRENT ANNUAL COST
F. Annual Payment Needed to Amortize UFAAL
As % of B
G. Annual Employer Normal Cost
As % of B'
H. Required Employer/State Contribution:
Total of F + G Adjusted According to the
Timing of Contributions and Year to
Which They Apply
As % of B
I. Estimated State Premium Tax Refund
As % of B
J. Balance Required From Employer: H - I
As % of B
K. Year to Which Contributions Apply
1. Plan Year Ending
2. Employer Fiscal Year Ending
3. Assumed Date(s) of Employer
Contributions
16,276,350
22,689,586
2,880,599
19,808,987
136,047
2.11%
1,232,219
19.08%
1,489,665
23.06%
451,548
6.99%
1,038,117
16.07%
9/30/89
9/30/90
12/31/89
1
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After
Changes
204
39
$6,459,505
34,954,418
16,276,350
18,678,068
4,012,575
14,665,493
186,610
2.89%
1,300,985
20.14%
1,619,582.
25.07%
451,548
6.99%
1,168,034
18.08%
9/30/89
9/30/90
12/31/89
DELRAY BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM
DERIVATION OF OCTOBER I, 1988 EMPLOYER NORMAL COST
Before After
Changes Changes
A. Actuarial Present Value of Projected
Benefits for
1. Active Members
a. Normal Retirement Benefits $27,818,136 $24,751,044
b. Vesting and Early Retirement Benefits 2,243,343 2,649,751
c. Disability Benefits 1,240,081 667,107
d. Preretirement Death Benefits 1,440,534 662,492
e. Return of Member Contributions 323,706 323,888
f. Other 0 0
g. Total 33,065,800 29,054,282
2. Service Retirees 2,700,179 2,700,179
3. Disabil ity Retirees 2,857,376 2,857,376
4. Beneficiaries Receiving Benefits 150,956 150,956
5. Terminated Vested Members 191,625 191,625
6. Total 38,965,936 34,954,418
B. Actuarial Value of Assets 16,276,350 16,276,350
C. Unfunded Frozen Actuarial Accrued
liab~ (UFAAl) 2,880,599 4,012,575
D. Actuarial Present Value of Projected Member
Contributions 4,879,833 3,843,930
E. Actuarial Present Value of Projected
Employer Normal Costs: A6 - B - C - D 14,929,154 10,821,563
F. Actuarial Present Value of Projected
Covered Payro 11 81,330,100 52,441,000
G. Employer Normal Cost Rate:
100 x ElF plus Assumed Rate of
Administrative Expenses 19.26% 21. 54%
H. Annual Payroll of Active Members
Below the Assumed Retirement Age 6,397,812 6,039,857
1. Employer Normal Cost: G x H 1,232,219 1,300,985
.
ORDINANCE NO. 53-89
AN ORDINANCE OF THE CITY CO~lMISSION OF THE CITY OF DELRAY
BEACH, FLORIDh, AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING "PENSIONS", SECTION
3.3.60, "DEFINITIONS", TO ADD A DEFINITION FOR "ACTUARIAL
EQUIVALENCE" OR "ACTUARIALLY EQUIVALENT"; BY DELETING
SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUB-
SECTION (A), "NORMAL RETIREMENT DATE", SUB-SUBSECTION (2)
IN ITS ENTIRETY; BY AMENDING SECTION 3 3.62, "BENEFIT
AMOUNTS .AND ELIGIBILITY", SUBSECTION (B), "NORMAL RETIRE-
MENT BENEFIT", BY ADDING A NEW SUB-SUBSECTION ( 3) TO
PROVIDE THAT A MEMBER SHALL BECOME 100% VESTED UPON
BECOMING ELIGIBLE FOR NORMAL RETIREMENT; BY AMENDING
SECTION 33.62, "BENEFIT lIMOUNTS AND ELIGIBILITY", BY
ADDING A NEW SUBSECTION (I) , "MAXIMUM BENEFITS", TO
PROVIDE RESTRICTIONS ON BENEFIT LEVELS; BY AMENDING
SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", BY
ADDING A NEW SUBSECTION (J), "REQUIRED PAYMENT OF PENSION
BENEFITS", TO PROVIDE THE TIME FRAME FOR WHICH REQUIRED
PENSION BFoNEFITS SHALL BEGIN; BY AMENDING SECTION 33.64,
"CONTRIBUTIONS", SUBSECTION (A), "MEMBER CONTRIBUTIONS",
TO PROVIDE FOR .AND IN WHAT MANNER THE CITY SHALL PICK UP
THE MEMBER CONTRIBUTION AS EMPLOYER CONTRIBUTIONS; AND BY
AMENDING SECTION 33. 64, "CONTRIBUTIONS", BY ADDING A NEW
SUBSECTION (F), TO PROVIDE FOR FORFEITURES THAT MAY ARISE
UPON THE TERMINATION OF A MEMBER'S EMPLOYMENT; 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 l/ That Chapter 33, "Police and Fire Departments",
"PenSions", Sedtion 33.60, "Definitions", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is, hereby
amended by adding a new definition to read as follows:
"Actuarial E ivalence" or "actuariall ivalent" shall mean
that an benefit a able under the terms of the ens ion fund in a
form other than the normal retirement pension shall ha.ve the same
actuarial present value on the date a ent commences as the normal
retirement ension. For ur oses of establishin the actuarial
resent value of an form of a ent all future a ents shall be
discounted for interest and mortality by usinq 7% interest and the
1983 Group Annuity Mortalit Table for Males with a es set ahead
five years in the case of disability retirees.
Section 2. That Chapter 33, "Police and Fire Departments",
"Pensions", Section 33.62, "Benefit Amounts and Eligibility",
Subsection (A), "Normal Retirement Date", of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is, hereby
amended by deleting Sub-SUbsection (2) in its entirety.
Section 3. That Chapt.er 33, "Police and Fixe Departments",
"Pensions", Section 3 3.62, "Benefit Amounts and Eligibility" ,
Subsection (B), "Normal Retirement Benefit", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is, hereby amended by adding a new Sub-SUbsection (3) to read as
follows:
(3) Upon becoming eligible for normal retirement, a member
shall be 100\ vested in his accrued benefit.
I'
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Section 4. That Chapter 33, "Police and Fire Departments"
"pensions",.Section 33.62, "Benefit 1\mounts and Eligibility", of th~
Code of Ord~nances of the City of Delray Beach, Florida, be, and the
same is, hereby amended by adding a new Subsection (I), "Maximum
Benefits", to read as follows:
(!) Maximum Benefits. A member may not receive a pension or
diSability benefit which exceeds the lesser of:
(l) lOO% of the member I s average compensation for
highest three consecutive years as a member in the pension f~nd;
(.)11'1
theW!" 0
or
~,r
(2) the maximum amount allowed under Section 415 of the
Internal Revenue Code (increased to reflect the cost of living
adjustment factor prescribed under Section 415 (d) of the Internal
Revenue Code), which is incorporated herein by reference.
Section 5. That Chapter 33, "Police and Fire Departments",
"PenSions", Section 33.62, "Benefit 1\mounts and Eligibility", of the
Code of Ordinances of the City of Delray Beach, Florida, be, and the
same is, hereby amended by adding a new Subsection (J), "Required
Payment of Pension Benefits", to read as follows:
(J) Required Payment of Pension Benefits. Pension benefits
shall begin no later than the later of April 1 of the calendar year
following the calendar year (l) in which the member retires; or (2)
in which the member attains age 70 l/2; even if the member has not
filed a claim for pension benefits. In addition, payment of
benefits shall be made in accordance with the applicable provisions
of Section 40l(a)(9) of the Internal Revenue Code, which is incorpo-
rated herein by reference.
Section 6. That Chapter 33, "Police and Fire Departments",
"Pensions", Sec!tion 33.64, "Contributions", Subsection (A), "Member
Contributions", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is, hereby amended to read as
follows:
(A) Member contributions. Members of the retirement system
shall make regular contributions to the trust fund at a rate equal
to 6% 7.33% (6% prior to October 1, 1989) of their respective annual
eaFnings. Eligible employees, as a condition of membership, shall
agree in writing upon becoming a member to make the contribution
specified herein. These contributions shall be deducted from the
earnings before the same are paid, until the member has completed 30
years of continuous service at which time payments stop.
Effective October 1, 1989, the City shall pick up the
member contribution re ired b the revious ara ra h. The
contributions so picked up shall be treated as employer contr u-.
tions in determining tax treatment under the United States Internal
Revenue Code. The City shall pick up the member contributions from
funds established and available in the salaries account, which funds
would have otherwise been desi<mated as member contributions and
paid to the pension fund. Member contributions picked. UP by the
City pursuant to this subsection shall be treated for pu~ses of
making a refund of member contributions, and for all other _ur~oses
of this and other laws, in the same manner and to the same extent as,
member contributions made prior to the effective date of this
subsection. The intent of this subsection is to comply with Section
414(h)(2) of the Internal Revenue Code.
2
ORD. NO. 53-89
.
Section 7. That Chapter 33, "Police and Fire Departments",
"Pensions", Section 33.64, "Contributions", of the Code of Ordi-
nances of the City of Delray Beach, Florida, be, and the same is,
hereby amended by adding a new Subsection (F), to read as follows:
(F) Any forfeitures that may arise upon the termination of a
member~s employment shall be used to offset the subsequent cost of'
the city. Such forfeitures shall not be used to increase benefits
of remaining members.
Section 8. That should any section or prOV1Slon 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 9. That this ordinance shall become effective ten (lO)
days after second and final reading.
PASSED AND ADOPTED
reading on this the
in regular
day of
session
on second and final
, 19
ATTEST:
MAYOR
City Clerk
First Reading
'Second Reading
3
ORD. NO. 53-89
MEMORANDUM
TO: Malcolm T. Bird, Interim City Manager
FROM: Robert A. Barcinski, Asst. City Manager/Community Services
DATE: August 17, 1989
SUBJECT: Selection - Golf Course RFP Finalists
Meeting - August 22, 1989
Action
City Commission is requested to select one of six (6) Golf Course
F.inalists for contract negotiations.
Background
The six (6) finalists are as follows:
1) American Golf Corporation
2) Gerecter and Dubin Associates, Inc.
3) Can-Am Golf Enterprises, Inc.
4) Franklin Code House d/b/a Delray Municipal Golf Course
5) Jerry's 19th Restaurant & Lounge
6) Delray Golf, Inc.
At the interview session, Country Club and Golf Club Associates, Inc.
withdrew as an independent finalist, and joined with Gerecter and Dubin
Associates, Inc. proposal.
Staff will immediately begin contract negotiations with the
selected. Current leasees must be notified no later
September 2, 1989 concerning this lease extension request.
firm
than
RAB/sfd
Ib
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..;erecter & Dubin AssOciates
JOHN M. GERECTER
President
~
BRAHM DUBIN
Vice President
City of Delray Beach
100 N.W. 1st Avenue
Dclray Beach, FL 3<444
August 16, 1989
Attn: Mr. Joe Weluon
Deal:' Mr. Weldon,
As per uu~ conversation this is to advise you that Cou~~ry
Club ar:d Gol f Clnb Associate,;; In~. has joined Gerecter & DUb~n
Associates Inc. as participants in the proposed lease of Dclray
Beach Municipal Golf Course.
Country Club and Golf Club Associates Inc. will be jointly
and severely responsible to the City of Delray Beach and will
jointly be responsible for the faithful performance of this
agreemen t.
In addition Country Club and Golf Club Associates Inc.
will increase the overall financial strength of our entity to
over $12 million.
We hope that this is to your satisfaction, we remain,
Yours Truly,
Gerecter & Dubin Associates Inc.
- ~'
'~
Brahm D bin, Vice President
c.c. Mr. Charles Crosswhite
Mr. Johnny Laponzina
Mr. Chuck Hart
Mr. John Gerecter
1177 Northeast 8th Street · Suite 408 . Delray Beach. Florida 33483 . (407) 243-8008
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[ITY DF DELRAY BEAEH
CITY ATTORNEY'S OFFICE
310 S,E. ist STREET. SI:ITE 4 DURA Y BEACH. FLORIDA 33483
407(243- 7090 TELECOPIER 407(278-4755
MEMORANDUM
Date: AUgust 15, 1989
To: Malcolm Bird, Interim City Manager
City COllUnission
From: Susan A. Ruby, Assistant City Attorney
SUbject: Special Election for Expansion of DDA Boundaries
On August 14, 1989, Bi.ll Finley indicated to me that the Down-
town Development Authority (DDA) desired to hold the special
electi.on to expand the DDA boundaries as soon as possible.
Given the notice requirements and meeting schedule of the City
COllUnission, October l7, 1989 the third Tuesday in October, is
the earliest possible date a special election could be held.
The following time schedule (assuming an election date of
October l7, 1989) is outlined as follows per Bill Finley's
request.
1. August 22, 1989 - Request that the City COllUnission estab-
lish the date for the special election.
2. September l2, 1989 - The City COllUnission must pass a
resolution calling for the special election. (voting on
the resolution must occur 30 days prior to special
election per City Ordinance).
3. Prior to September 17, 1989 - make sure Supervisor of
Elections has the required materials.
4. September l5, 1989 and September 25, 1989 - Publish Notice
of Special Election or referendum (at least 30 days
notice, once in 5th week and once in 3rd week prior to
special election per Florida Statute Section lOO.342
governing special elections).
5. October 2, 1989 and October 9, 1989 - Publish Notice of
Elections (per City Code Section 34.03 - Two times, once
each week prior to week of the special election.
,'''
Malcolm Bird, Interim City Manager
August l5, 1989
Page 2
6. October l7, 1989 - Special Election
The special law permitting this election provides that the City
will call the election on behalf of the DDA. It has been our
posi tion that the scheduling of this election must, therefore,
be placed before the City Commission for their consideration
and determination. Please insure that this matter is included
on the City Commission agenda of August 22, 1989, for Commis-
sion action.
~~u
~~C
for your assistance.
cc: Bill Finley, Executive Director Community Redevelopment
Agency
Robert A. Barcinski, Assistant City Manager
Frank Spence, Director of Development Services
Elizabeth Arnau, City Clerk
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,. ~ Community
'--II Redevelopment
-a Agency
Delroy Beach
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AUG 1 5 1989
:..::)~. r.'ii\;',,",\.1(" ,'~ ;.~',-Fii:~
August 14, 1989
Mayor Campbell and City Commission
Ci ty Hall
100 NW 1st Avenue
De1ray Bch., FL 33444
Dear Mayor and Commission:
Florida Statute 163 provides for the City Commission to name the
Chairman and Vice-Chairman of the Community Redevelopment Agency.
In order for members of the Agency to participate in the process,
an election was held to make recommendations to the Commission.
With six of the seven members present, the CRA voted to recommend:
Kevin Egan as Chairman
Leonard Mitchell as Vice-Chairman
We would appreciate your concurring with the wishes of our Board.
We all look forward to contributing our time and abilities to the
rebuilding of portions of the City.
:~c~.relY ~>
,--6-(,~ 07!'...tA.......-
)7....... Kevin Eg~JI'
Acting Chairman
cc: City Manager
IV
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64 SE 5th Avenue. Delroy Beach. Florida 33483
Ig
(407) 270.8640
\
RESOLUTION NO. 54-89
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING
THE CITY OF DELRAY BEACH EDUCATION BOARD,
ASSIGNING IT DUTIES, AND SETTING A SUNSET
DATE.
WHEREAS, the City Commission of the City of Delray
Beach, Florida, recognizes the importance of quality education
and adequate school facilities in the continuing growth, develop-
ment, and especially redevelopment of the City; and,
WHEREAS, the City Commission has heretofore demonstrat-
ed its commitment to excellence in Delray Beach schools through
the adoption of the "Sharing for Excellence" program; and,
"
WHEREAS, said "Sharing for Excellence" program suggeslt-
appointment of a special board to the City Commission Ito
them in matters pertaining to education and school facili-
ed the
advise
ties,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
- Section 1. That there is hereby established the
EDUCATION BOARD OF THE CITY OF DELRAY BEACH as an ad-hoc advisory
body to the City Commission.
Section 2. That the Education Board shall consist of
seven (7) members who shall be appointed by the City Commission.
Initial appointees shall be as made by the City Commission at its
meeting of June 27, 1989. Vacancies shall be filled by appoint-
ment of the City Commission.
Section 3. The duties and responsibilities of the
Education Board shall be as follows:
(A) Monitor of School Board activities.
(B) Liaison between School Board and City Commission.
(C) Participate in an information exchange via school
newsletters and principal's office with the
administration of each Delray Beach school as well
as those attended by Deltay Beach students else-
where.
(D) Preparation of an annual "State of Schools" report
for Delray Beach schools.
(E) Development of recommendations to the City Commis-
sion for forwarding to the School Board regarding
actions which may be taken in support of schools
in Delray Beach and with respect to proposed
legislation at the state level.
(F) Maintenance of a continuous public relations
effort to improve and maintain the public image of
Delray Beach schools. This effort should include,
but not be limited to, the following:
(1) Placement of favorable material in local
media.
(2) Development of brochures and other materials
to be utilized in "marketing" the Delray
Beach schools.
'"
(G) Identifying and attracting state and federal
programs and grants in direct support of Delray
Beach schools.
(HI
Provide comments to the City
proposed developments and
School Racial Balance.
Commission regarding
their impacts upon
Section 4. An annual "State of Schools" report shall
be filed with the City Commission so that it will be reviewed
during a work session in the month of May, thus affording time to
address the work program and budget of the School Board for the
following fiscal year.
Section 5. The Education Board shall meet at least
once monthly on a regular basis with a regular meeting date of
the first Monday of each month, except for when that date falls
on a holiday under which circumstance the Board shall establish
another regular meeting date for that month. The Education Board
may hold special meetings at the direction of its Chairperson
upon twenty-four (241 hour notice.
The Board's regular meeting shall commence at 5:30 p,m. and shall
be held in City Hall.
Section 6. The Education Board shall elect, at a
minimum, a Chairperson and a Vice-Chairperson. The Chairperson
shall be the official spokesperson for the Board and the formal
liaison between the Education Board and the School Board.
Section 7. The Education Board shall have technical
and logistic assistance provided by designation from the City
Manager. One of these staff persons shall be designated as the
official City contact with the School District Administration.
Section 8. The Education Board shall cease to operate
as an ad-hoc advisory body on June 12, 1990. At that time, the
Ci ty Commission may continue the function of the Board through
making it a permanent board or by amendment to this section. If
it is made a permanent board, all members sitting at that time
shall continue in their appointments for either a one or two year
'period, as determined by the City Commission, and shall each be
eligible for a single reappointment to the permanent board.
PASSED AND ADOPTED
day of
in regular
, 1989',
session on
this
the
MAYOR
ATTEST:
City Clerk
- 2 -
Res. No. 54-!!9
CITY
COMMISSION
DOCUMENTATION
TO: MALCOLM BIRD, INTERIM CITY MANAGER
~. ( /"~ F.~-<...
/~ ""It( ~
THROUGH: FRANK R. SPENCE, DIRECTOR
c::s::w ::=OU'
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION MEETING OF AUGUST 22, 1989
FORMAL ESTABLISHMENT OF THE EDUCATION BOARD
ITEM BEFORE THE COMMISSION:
The action requested of the City Commission is formally
establishing, by Resolution, the City's Education Board.
BACKGROUND:
The Board was previously established by motion of the City
Commission and initial appointments were made. The charges to
the Board were outlined and referred to the Board for review and
comment. There was direction given that after such review, the
charges and a formal action establishing the Board should come
back before the City Commission.
There was also some discussion as to whether the Board should
serve in an ad-hoc or permanent manner. The apparent consensus
was that the Board would be ad-hoc for a period of time and then
consideration given to either continuing it as a permanent
advisory bOdy or disbanding it. The time period contained in the
ordinance runs to June, 1990, which follows presentation of its
annual report.
RECOMMENDED ACTION:
Approval of the Resolution establishing the Education Board.
RESOLUTION NO. -89
A RESOLUTION OF
BEACH, FLORIDA,
EDUCATION BOARD,
DATE.
THE CITY COMMISSION OF THE CITY OF
ESTABLISHING THE CITY OF DELRAY
ASSIGNING IT DUTIES, AND SETTING A
DELRAY
BEACH
SUNSET
WHEREAS, the City commission of the City of Delray Beach
recognizes the importance of quality education and adequate
school facilities in the continuing growth, development, and
especially redevelopment of the City; and,
WHEREAS, the City Commission has heretofore demonstrated
its commitment to excellence in Delray Schools through the
adoption of the "Sharing for Excellence" program; and,
WHEREAS, said "Sharing for Excellence" program suggested
the appointment of a special board to the City Commission to
advise them in matters pertaining to education and school
facilities;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there is hereby established the EDUCATION
BOARD OF THE CITY OF DELRAY BEACH as an-hoc advisory body to the
City Commission.
Section 2. That the Education Board shall consist of seven
members who shall be appointed by the City Commission. Initial
appointees shall be as made by the City Commission at its meeting
of June 27, 1989. Vacancies shall be made by appointment of the
City Commission.
Section 3. The duties and r~sponsibilities of the
Education Board shall be as follows:
A. Monitor of School Board activities.
B. Liaison between School Board and Commission.
C. Participate in an information exchange via school
newsletters and principal's office with the
administration of each Delray Beach school as well as
those attended by Delray Beach students elsewhere.
D. Preparation of an annual "State of Schools" report for
Delray Beach Schools.
E. Development of recommendations to. the Commission for
forwarding to the School Board regarding actions which
may be taken in support of schools in Delray Beach and
with respect to proposed legislation at the state
level.
F. Maintenance of a continuous public relations effort to
improve and maintain the pUblic image of Delray Beach
schools. This effort should include, but not be
limi ted to:
1. Placement of favorable material in local media.
2. Development of brochures and other materials to be
utilized in "marketing" the Delray Beach schools.
G. Identifying and attracting state and federal programs
and grants in direct support of Delray Beach schools.
H.
Provide comments to City
developments and their
Balance.
Commission regarding proposed
impacts upon School Racial
Section 4. The annual "State of Schools" report shall be
filed with the City Commission so that it will be reviewed during
a work session in the month of May. Thus, affording time to
influence the work program and budget of the School Board for the
fOllowing fiscal year.
Section 5. The Education Board shall meet at least once
monthly on a regular basis with a regular meeting date of the
first Monday of each month, except for when that date falls on a
holiday under which circumstance the Board shall establish
another regular meeting date for that month. The Education Board
may hold special meetings at the direction of its Chairperson
upon twenty-four (24) hour notice.
The Board's regular meeting shall commence at 5:30 p.m. and shall
be held in City Hall.
Section 6. The Education Board shall elect, at a minimum,
a Chairperson and a Vice-Chairperson. The Chairperson shall be
the official spokesperson for the Board and the formal liaison
between the Board and the School Board.
Section 7. The Education Board shall have technical and
logistic assistance provided by appointments from the City
Manager. One of the staff appointees shall be designated as the
official City contact with the School District Administration.
Section 8. The Education Board shall cease to operate as
an ad-hoc advisory body on June 12, 1990. At that time the City
Commission may continue the function of the Board through making
it a permanent board or by amendment of this section. If it is
made a permanent board, all members sitting at that time shall
continue in their appointments for either a one or two year
period, as determined by the City Commission, and shall each be
.eligible for a single reappointment to the permanent board.
PASSED AND ADOPTED in regular session on this the
day of Auqust, 1989.
22nd
MAY 0 R
ATTEST:
City Clerk
REF!DJK#50!CCEDRES.TXT
CITY
COMMISSION
DOCUMENTATION
TO: MALCOLM BIRD, INTERIM CITY MANAGER
'~ .-( /:" ~
~~ (- /
THROUGH: FRANK R. SPENCE, DIRECTOR
c):;3 V:VICES GROUP
DAVID J. KOVAC~RECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: CITY COMMISSION MEETING OF AUGUST 22, 1989
APPOINTMENT OF MEMBER TO EDUCATION BOARD
ITEM BEFORE THE BOARD:
The action before the Board is that of appointing a new
member to the Education Board in order to fill a
vacancy created by the resignation of Elder Hayes
(letter attached).
BACKGROUND:
When the Board was informally established, seven individuals were
asked to serve. In additio~ two individuals were identified as
alternates should one of the original seven decline appointment.
The alternates were:
*
*
Alice Finst, and
Al Doughty
It appears appropriate that the commission either appoint one of
the original alternates or commence appointing members per the
newly established seniority system.
RECOMMENDED ACTION:
Commission discretion.
REF/DJK*50/CCEDBDA.TXT
').0
615 NW 1ST STREET
DELRAY BEACH, FL 33444
JUL Y 31, 1989
,
MR. BILL WALLACE
DELRAY BEACH, FL
CHAIRMAN, EDUCATION BOARD
DEAR MR. WALLACE:
I AM WRITING TO INFORM YOU THAT AFTER CONSIDERABLE THOUGHT AS
TO THE DUTIES OF THE EDUCATION BOARD, I MUST RESIGN. I AM PRE-
SENTLY SERVING ON THE DELRAY BEACH ADVISORY COMMITTEE WHICH MADE
ITS REPORT ON NOVEMBER 2, 1988. THIS COMMITTEE HAS NOT BEEN
DISBANNED, THEREFORE, A CONFLICT EXISTS WITH MY ACCEPTANCE OF
THE ADVISORY COMMITTEE'S REPORT AND THE POSITION WHICH THIS
MUST TAKE.
IT IS MY DESIRE THAT THE SUCCESS OF THE EFFORTS TO BRING EQUITY
WITHIN THE SCHOOLS OF DELRAY BEACH BE ACHIEVED. SHOULD YOU
DESIRE MY ASSISTANCE IN ANOTHER WAY OTHER THAN BOARD PARTICIPA-
TION PLEASE FEEL FREE TO CALL.
SINCERELY YOURS
~k/ /, ~
ELDER EDWARD T. H~E~-
TH/EH
RECEIVED
AU6 Ii 3 1989
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CITY
COM MIS S ION
DOCUMENTATION
TO: MALCOLM BIRD, INTERIM CITY MANAGER
~/ 4 ./ _~
, / t-~(~
THROUGH: FRANK R. SPENCE, DIRECTOR
DEVELOPMENT SERVICES GROUP
GJ~~.Yo~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION MEETING OF AUGUST 22, 1989
CITY RESPONSE TO SCHOOL DISTRICT INQUIRIES
ITEM BEFORE THE BOARD:
The action before the Commission is that of formally
responding to the School Board relative to five items
which the School District identified during the special
joint meeting of July 31, 1989.
BACKGROUND:
The Education Board, as the City Commission's advisory body on
education matters, has reviewed the five items identified by Mr.
William Hukill during his presentation and has provided a
response. That response is attached and was formally endorsed by
the Board at its meeting of August 14, 1989.
The Board feels it is very important to forward this response to
the School District since a significant point has been made
relative to the lack of communication which has occurred up to
this point in time.
The most significant aspect of the response deals with proposed
alterations to S.D. Spady School. The position of the Board is
well stated in the report. Provided under separate cover is copy
of the District's (sketch) site plan and a description of work
and cost estimates prepared by its staff.
RECOMMENDED ACTION:
By motion, direct that the attached position paper be forwarded
to the School Board, with copies directly ~o all members, under
the Mayor's signature.
Attachments:
position paper as forwarded from the Education Board
site plan under separate cover
REFDJK*50/CCEDRESP.TXT
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POSITION PAPER IN RESPONSE TO SCHOOL DISTRICT CALL
FOR CITY COMMITMENTS PERTAINING TO THE "SHARING IN
EXCELLENCE, DELRAY BEACH SCHOOLS" PROGRAM
REVIEWED AND APPROVED BY
THE DELRAY BEACH EDUCATION
BOARD ON AUGUST 14, 1989
TOPIC/ISSUES: The fOllowing five topics were presented to the
City Commission, while sitting in joint session with the School
Board, by Mr. William Hukill. Mr. Hukill called for a decision
by the City with respect to each of these items. The City's
Education Board is an advisory to the City Commission in such
matters, and as such has prepared this formal reply to Mr.
Hukill's charge.
,
IV.A Will the City limit development in areas where the racial
makeup of new residents is likely to neqativelv impact
racial balance in public schools?
This item was aired previously when Mr. Hukill appeared at a
work session of the City Commission. Following that session a
formal response was provided (copy attached). In essence, the
City will do whatever is legally permissible to accommodate the
District's request. To this end the City Commission has required
Planned Residential Developments to include tot lots as amenity,
thus showing a desire to induce families to our City. Also, the
City Commission has stated a policy which discourages "large
scale adult only communities", thus assuring that large vacant
tracts do attract children. However, it is pointed out that any
development within the City of Delray Beach which accommodates
non-black children will have a beneficial impact upon racial
balance.
In addition to the above, it is a duty of the Education Board to
advise the City Commission with respect to the impact of proposed
developments on the racial balance issue.
IV.B Does the City wish for the School Board to proceed with its
commitment to spend $975.000 to improve Spady Elementary
School and to purchase (for an estimated $800,000) land
north of the school to provide an improved access to Lake
Ida Road, or does the City wish for the School Board to
increase its commitment at Spady (to 3.1 million dollars)
and in turn support the School Board s effort to improve the
area by purchasinq and improvinq land north of the school
itself? .
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The $975,000 commitment was apparently an initial amount targeted
for conversion of a portion of Spady to the Montessori program.
Thus, the premise could be ... conversion to Montessori and
acquire land for an entry from the north.
The $3,100,000 package includes the Montessori conversion,
reorientation to SW 10th Avenue, general upgrade of many
facilities, and new/improved administrative facilities. The
$3,100,000 package does not include continuation of SW 10th
Avenue to Lake Ida Road: presumably this becomes a City
obligation.
The Education Board has reviewed a site plan which illustrates
the change in access and the proposed building improvements.
The site plan was prepared for the School District in JUly.
The review casts great confusion on the fate of Spady School. It
appears that the degree of conversion to a Montessori School is
contrary to the Advisory Committee recommendation, the "Sharing
in ,Excellence" program, and the understanding of the City
Commission. The concept of expansion to Lake Ida Road appears t
have been abandoned. Thus, the School District's proposal
conflicts not only with the the City's current proposal but also
with previous understandings.
Also, since the District's proposal involves extension of a
street, the Planning and Zoning Board becomes a group that must
be involved pursuant to Florida Statutes. In addition, there are
items such as the treatment along the rights-of-way which should
be coordinated between the District and the City Engineering
Department and City Horticulturist.
An immediate resolution of this impasse must occur.
Thus, a decision or a commitment cannot be made at this time due
to the lack of complete information and unknown implications.
IV.C Will the City of Delray Beach actively participate in the
collaborative development of a county-wide inteqration and
housing proqram?
On the surface, the City would be a participant in such a
program. It appears that only benefits can accrue to Delray
Beach under such an effort. In addition to City participation,
it should be noted that the City's Housing Authority addresses a
geographic area which extends considerably beyond our western
boundary. The School District should provide more specific
"information about this collaborative effort.
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IV.D Definition by the City of the naturally occurring population
changes that are anticipated in the Delray Beach Plan and an
explanation of how the City is going to insure that they
actually occur.
The reference in the "Sharing for Excellence" program simply
refers to the anticipated development over the next few years.
This growth will occur primarily in market driven apartment of
homeowners developments exceptions are Auburn Trace (256
apartment units) and Allamanda Gardens (36 single family homes).
While these latter projects may induce some folks from outside
Delray Beach, the marketing programs for each are geared toward
providing improved housing for Delray Beach residents.
The market drive projects should be predominately
black" given the demographic makeup of similar
throughout the City. This projects include:
"other than
developments
*" Sherwood Forest, Atlantic Avenue by Barwick,
zero lot line, single family detached units;
* Sabal Lakes, adj acent to Banyan Creek School, Phase One
which is under construction has 118 lots; Phase Two is
platted with 107 lots; Phase III will have 123 lots. All of
these phases are single family detached units (348 total
single family lots).
125 units of
* Hidden Lakes, off Homewood, north of Lowson, 72 lots of zero
lot line, single family detached units, the Final Plat was
recently approved.
* Waterford Apartments, construction is just being completed
on this 236 unit project located off Lindell across from
Laver's.
* Linton Lakes II, this 296 unit apartment project is adjacent
to the successful Springs Landing complex located at the
northwest corner of Congress and Linton. Construction is to
commence this winter.
* Delray Bay, this 222 unit apartment project is between
Crosswinds and Spanish Wells on the south side of Linton.
The developer is trying to "beat the impact fee clock"; thus
construction should commence in October.
* The Groves, a 156 unit townhouse development to be located
just north of Linton Boulevard at an extension of S.W. 10th
Avenue.
All of the above projects should be occupied or near completion
by the beginning of the 1991/92 school y~ar. Thus, the students
from these 545 single family and 910 multiple family units
(together with the 50-70 single family, individual lot
development which occurs each year) should be considered when
projection attendance boundaries and the racial balance in Delray
Beach schools.
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IV.E Adoption of the County-wide School Element in the City's
Comprehensive Plan:
The City has a goal section, with objectives and policies, which
specifically addresses the school situation. This goal section
includes many of the items contained in the District's proposed
County-wide element. Other items came from the "Sharing for
Excellence" program. The evolution of the City's goal area
included consideration of comments from the School District and
appropriate modifications in light of those comments. The Goal
Area write-up is attached.
Attachments:
*
*
City letter of March 30, 1989
Goal Area "D", Land Use Element (City)
REF/C:SCHOOLP2.TXT
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TO:
Malcolm Bird, Interim City
.- '":/~
Frank R. Spence, Director,
Manager
~ o-)j)f\' ~ A
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&\
MEMORANDUM
FROM:
Development Services
SUBJECT: Community Child Care Center of Delray Beach; Request
For Waivers
DATE: August 10, 1989
----------------------------------------------------------------
On August 9, 1989, the Development Services Management Group
(DSMG) reviewed the request from Currie Schneider Associates for
certain waivers affecting the Community Child Care Center of
Delray Beach. The group recommends the following:
1. We recommend approval of the request for the City to
extend water and sewer service to their property line. ~
Final cost estimates will be obtained by Bob Barcinski
for our utilities department to do this work.
2. We recommend that the requirements for two sidewalks be
waived. One sidewalk would be located on Lake Ida Road
which is scheduled to be widened in FY 1992 and would
necessitate the tearing up and rebuilding of the
sidewalk. The second sidewalk would be located on NW
5t~ Avenue, which is not used by pedestrian traffic.
3. We recommend denial of the request to leave asphalt
bike path on NW 6th Avenue as is. Since it has been
determined that this will definitely be used by
pedestrian traffic, the Center will be required to
remove the asphalt bike path and replace it with a
concrete walk.
4.
It is our understanding that in 1986, the City
Commission did waive all permit fees, inspection fees ,~
and administrative fees (excluding impact fees, radon
fees and water and sewer connection charges). We
recommend a reaffirmation of the waiver of these permit
fees.
Should you need any further explana tion on the above items do not
hesitate to let me know.
FS:kwg
. ...-'.."'''''''1. ._
cc: tLula Butler'
David Kovacs
Jose Aguila, Currie Schneider Associates
~'2-
Currie
Schneider
. Associates
AlA. PA
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DATE:
August 3, 1989
~
TO:
nayor Doak Campbell
City Commissioners
PROJECT:
CO!1J1UNITY CHILD CARE CENTER OF DELRAY BEACH
PROJECT NO. :
87442.02
FRon:
Jose Aguila, Associate
Project nanager
As you know, the office of CURRIE SCHNEIDER ASSOCIATES AlA, PA is
currently preparing the necessary documents for construction of the
Community Child Care Center of Delray Beach. At this point, we
have Completed the construction documents and have submitted them
to the City for review.
There a few items which we would like for you to consider waiving
in order to finalize the permitting process so that the General
Contractor can begin construction.
1. We would like the City to consider extending the water and
sewer service to the property line. This would require the
extension of existing service which is presently across the
street from the property. This, as I understand it, is common
practice for residential projects but not for commercial.
2. We request that you consider waiving the requirement for two
sidewalks. The first sidewalk on Lake Ida Road is projected
to be widened in fiscal year 1992 and would be torn up and
rebuilt anyway. The second sidewalk is on NW 5th Avenue on
a section of road which would probably never be used by
pedestrian traffic. These deletions are supported by City
staff.
3. There is currently an asphalt bike path on NW 6th Avenue which
we would prefer to leave as is, rather than removing and
replacing it with a concrete walk. We feel that NW 6th
Avenue, which is currently an alley, will never be extended
to Lake Ida Road due to poor traffic visibility conditions.
"
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TO:
PROJECT:
DATE:
FROH:
PAGE:
Hayor Doak Campbell and City Commissioners
CO!1l1UNITY CHILD CARE CENTER OF DELRAY BEACH
August 3, 1989
Jose Aguila, Project Hanager
Two
~
4. Finally, it is our understanding that the City Commission
waived all permit and inspection fees. We have tried to get
documentation to that effect for the Building Department but
have been unsuccessful. If our assumption is correct and all
fees have been waived, we would request written confirmation
regarding that action in order that the permitting process be
resolved.
The City Commission has been extremely generous and cooperative
with this particular project and we respectfully request that you
consider these remaining issues. We will gladly provide any
additional information you should require to assist you in
evaluating these concerns.
Respectfully submitted,
CUR IE SCHNEIDER ASSOCIATES AlA, PA
JA/jp/442\waive
cc: Barbara Smith, Board President
James Gourd, Board Vice President
Nancy Hurd, Executive Director
David Kovacs, Planning & Zoning Director
C I T Y
COMMISSION
DOCUMENTATION
TO:
MALCOLM BIRD, INT~RIM CITY MANAGER
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(jK R. SPENCE, DIRECTOR
DE ELOPMENT SERVICES GROUP
~j. Vcz.UlV'&
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF AUGUST 22, 1989
CONSIDERATION OF A WATER SERVICE AGREEMENT FOR
DELRAY BEACH SENIOR LIVING CENTER, INC.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a water service agreement for a proposed
continuing care and ACLF facility to be located within
the City's water service area.
This is a special request which has not gone through
the normal review process.
BACKGROUND:
The property under consideration is located on the south side of
Atlantic Avenue and lies just east of the E-3 CanaL It is
within the City's designated water service area; it is not
presently eligible for annexation; it is designated as
"Transitional" on the proposed Future Land Use Map.
Normally a water service petition is accompanied by a site plan
which has gone through the City's review process. In this
situation, the petitioner is trying to "beat the clock" with
respect to filing prior to the effective date of the County's
Comprehensive Plan. Under the new County Plan, the project's
density is unacceptable. The project calls for 312 units in what
is labeled as "CLF" (18 acres) and 120 beds in the separate ACLF
(3.4acres). A large clubhouse and amenity building is also
proposed.
The major issue associated with this petition is that of height.
A rendering shows six stories in some structures. Structures for
stairs and elevators extend even higher. Thus, the project would
exceed the City's height requirement of 48' which would apply.
A standard water service agreement contains a clause (*12) which
identifies the specific use and references the reviewed site
plan. In this case, different language will be required since
a complete site plan submittal has not yet been made. The
petitioner has stated that they will go through the City's formal
process.
Another water service agreement clause (*13) requires the
development to conform with City development regulations. This
clause will need to be changed to accommodate the proposed
height.
A representative of the petitioner has contacted County and City
Utility agencies to see if water can be provided by the County
(instead of the City) and thus avoid City involvement. While
this is physically possible, it is the pOlicy of the City that we
are the water providers east of the E-3 Canal. Accordingly, this
property is included in our service area pursuant to the
Comprehensive Plan.
In addition to the above, the City has taken a general position
to discourage large scale, adult-only communities in-lieu of
family orientated residential development. That policy may be
offset in this situation due to the location of the proposed
use. However, it is noted that single family detached units are ~ ~
being constructed along the north side of Atlantic in this ~
To: Malcolm Bird, Interim City Manager
Re: City Commission Documentation
Meeting of August 22, 1989
Consideration of a Water Service Agreement for
Delray Beach Senior Living Center, Inc.
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
This item has not been before the Planning and Zoning Board.
Normally, P&Z review and recommendation is obtained prior to City
Commission consideration.
REQUIRED ACTIONS:
The action being sought by the petitioner is:
1) early consideration of the water service agreement;
2) modification to clause *12 to allow site plan review
and approval to occur subsequent to approval of this
agreement; and,
3)
based upon
requirement
regulations.
the
for
elevations, the
compliance with
deletion
the City's
of the
height
RECOMMENDED ACTION:
A project representative has indicated that the project cannot
proceed except with the elevations as shown i.e. in violation of
the City's height regulations. Based on this representation, it
is recommended that the request be denied.
However, if the petitioner wishes to proceed with an alternative
design, the request~~F be approved without change to clause *13.
€\\~ the commission~1express that the City's height regulations
must be complied w~ th. Further, the City Attorney should be
directed to rephrase clause *12 to accommodate the general uses
as proposed and a requirement to obtain City approval of the site
and development plan.
Attachment:
special request letter from Shoup/McKinley
reduction of site plan and elevation
water service agreement
REF/C:CCWSA.TXT
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SHOUP / McKINLEY
ARCHITECTS AND PLANNERS. INC.
August 7, 1989
David Kovacs
Planning Director
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Re: Water Service Agreement Between the City of Delray Beach and
Delray Beach Senior Living Center, Inc.
Dear Mr. Kovacs:
,
We are seeking an accelerated approval process for a water
service agreement from the City of Delray Beach. We are
requesting that we be placed on the agenda for the August 22,
1989 city commission meeting. This parcel of land lies at the
southeast corner of West Atlantic Avenue and Sims Road. It is
going through a re-zoning process with Palm Beach County on a
special exception to allow a CLF and AcLF to occupy the site
under the 1988 Comprehensive Land Use Plan. It is scheduled for
a pre-hearing on the 24th of August. A water and sewer agreement
is a stipulation of the County to proceed.
We are also requesting that *12 of the water service agreement be
re-written due to the fact that we are not going through site
plan approval until after re-zoning. We fUlly understand we
would have to back-track after County re-zoning approvals to meet
the site plan submittal requirements of the water service
agreement.
~:~:~
Mark S. Beatty
Shoup/McKinley Architects and Planners, Inc.
RECIE~VIED
AU6 1 4 1989
---------------
.JOHN T. SHOUP. ..JR., AlA , PAUL A. McKINLEY, AlA
eoo NORTHEAST SPANISH RIVER BOULEVARO / SUITE 1 S / SP~NISH AlVeI=! PLAZA /BOCA RATON. FLORIOA 33431/407-391-2020
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AGREEMENT FOR WATER SERVICE
This agreement, made on this ____ day of
by and between Delray Beach Senior Livina Center. Inc.
hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a
municipal corporation of the State of Florida, hereinafter called
the CITY.
,
19 ,
WITNESSETH, that the CUSTOMERt his heirs and assigns, for and
in consideration of the privilege of 'receiving water service from
the Municipal Water System, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, testing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Public Utilities, to provide service to
the CUSTOMER'S premises. The CUSTOMER shall be responsible for the
installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof. In the event the CITY has such work
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unless permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other
extending from the CITY water distribution system to and
the meter to service the CUSTOMER shall be vested to
eXClusively.
facilities
including
the CITY
I
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applicable or as may be changed from time to
time.
5. Any rights-of-way or easements n~cessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Public Utilities Director,
then the CITY without liability may refuse to initiate service to
the subject premises.
7. The CUSTOMER further agrees in consideration of the
privilege of receiving water lservice from said CITY, that the
execution of this agreement is 'considered a voluntary petition for
annexation pursuant to Section 171.044 of the Florida Statutes or
any successor or amendment thereto.
Rev. 10/27/87
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Furthermore, shoul( .ny other general law, sp~ _al act, or local law
be enacted which provides for voluntary or consensual annexation,
this agreement shall also be considered a petition and request for
annexation under such other laws. The premises shall be subject to
annexation at the option of the CITY at any time they are eligible
under anyone or more of the above-referenced laws concerning
annexation. The legal description of the subject premises is as
follows:
The west one-half of the southwest one-quarter of the southeast
one-quarter of Section 14, Township 46 South, Range 42 East,
- '-"""'~--"'......--..
Palm Beach County, Florida. Lying south of State Road 806
(w. Atlantic Avenue), less the west 63 feet thereof.
The CUSTOMER aCknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
pUblic records of Palm Beacn County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so longtas the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
' CUSTOMER.
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
agreement. No modification -or cpange in this agreement shall be
valid or binding upon the partie~ unless in writing executed by the
parties to be bound thereby.
- 2 -
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12. The WAt .
quantity ot
paragraph
u.. grante4
tap(.) locatee!
7,--a:bove. The water
use as depicted
Delrav ~et=l:~h ~pni('),... r.ivinQ rp.nt-,:.r Tn~.
Delray Beach City Commission on
Any water furnished under this agreement shall not be
irrigation purposes unless such use is specifically and
approved by the Director of Public Utilities.
by th1&
on the
shall
upon
greement 1& tor the
~roperty 4..cribed- in
be in conjunction with
the plan known as
and approved by the
used for
separately
13. As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the CITY which are in
. effect at the time of developmeqt, redevelopment, or renovation on
the site and which pertain to land use and development matters;
Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. Water service, pursuant to
activated within two years of the date
Agreement shall be void. This Agreement
annexation to the City of Delray Beach.
this Agreement, must
of this Agreement or
shall also become void
be
said
upon
Rev. 10/27/87
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MEMORANDUM
~~~rt A. Barcinski
~A;~~. City Manager
l~il1iam H. Greenwood
~~irector of Public Utilities
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - AUGUST
22, 1989 - PROPOSED AGREEMENT BETWEEN CITY AND
DANILO R. GIAMBERINI, ESTATE - DANILO'S BEAUTY
SALON
TO:
FROM:
DATE:
August 14, 1989
ITEM BEFORE CITY COMMISSION:
Request City Commission to approve an Agreement between City and
Danilo R. Giamberini. Agreement will release monies paid by
Sherwood Forest to Mr. Giamberini, Estate. No City funds are
involved.
BACKGROUND:
Mr. Danilo R. Giamberini, deceased, Owner and Developer of
Danilo's, Beauty Salon installed and paid for a Water line
extension benefitting three major properties in accordance
with verbal and written commitments by the Public Utilities
Departmen t.
Mr. Giamberini paid $16,000 to construct a water line extension
which serves his property, Dani10's Beauty Salon plus three (3)
other major properties as follows:
1. Danilo's Beauty Salon - Mr, Giamberini, owner and
developer, paid $16,000 to construct the entire water
line extension.
2. Barnett Bank - Paid $4,000 to City and City disbursed
funds to Mr. Giamberini for reimbursement of costs.
3. Sherwood Forest - Paid $4,000 to City. City deposited
funds, but will not reimburse Mr. Giamberini's Estate
without this agreement.
4. "Forum Property" - Still vacant 'and no monies have been
collected but will be charged $4,000 as a benefitted
user.
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The "Tree Nursery" is a very small parcel with no facilities;
either water or sewer and was not included as a benefitted user.
The McMillan's own the "Tree Nursery" and the Barnett Bank
property and had Barnett Bank pay the entire benefitted user
charge of $4,000.
RECOMMENDATION:
Staff recommends City Commission approve the proposed Agreement
and release the monies paid by Sherwood Forest as a benefitted
user, to the Estate of Mr. Dani10 R. Giamberini.
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,
CITY OF DELRAY BEACH, FLORIDA
AGREEMENT
BETWEEN CITY AND DANILO R. GIAMBERINI
THIS AGREEMENT made and entered into this day of ,
1989 by and between the City of Delray Beach, Florida hereafter
referred to as the CITY and Danilo R. Giamberini, hereafter
referred to as DEVELOPER.
WITNESSETH:
WHEREAS, CITY is the owner and
distribution and storage known as
Utilities Department; and
operator of water treatment,
the City of Delray Beach Public
WHEREAS, DEVELOPER owns
Beach County known as
Florida 33446; and
or controls certain real property in Palm
W. Atlantic Avenue, Delray Beach,
WHEREAS DEVELOPER desires to procure potable water service from
the CITY for the property; and
WHEREAS the parties desire to enter in an agreement setting forth
the mutual understandings and undertakings regarding furnishing
of said potable water service for the property; and
WHEREAS the DEVELOPER has installed a $16,000 water line exten-
sion servicing and equally benefitting four properties known as:
1. Danilo's Beauty Salon - DEVELOPER'S Property
2. Barnett Bank
3. Sherwood Forest
4. "Forum" Property
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WHEREAS, AGREEMENT FOR WATER SERVICE was made on If? fh day of
Spp+p~h.~, 1985, by and between Danilo R. Giamberini and the
City of Delray Beach. Paragraph 2 of AGREEMENT states a refund
policy. City of Delray Beach, Public Utilities Department has
determined that the four properties receive equal benefit from
the water line extension; and
WHEREAS, Barnett Bank has paid to the CITY $4,000 as a benefitted
user; and
WHEREAS, Sherwood Forest has paid to the CITY $4,000 as a bene-
fitted user.
Now THEREFORE, in
undertakings of the
able considerations
follows: .
consideration of the mutual covenant and
CITY and DEVELOPER and other good and valu-
these parties agree with each other as
PART I - DEVELOPER'S OBLIGATIONS
A. Installation and compliance with specifications.
DEVELOPER at his expense and at no expense to the CITY shall
design, construct and install all necessary water line
appurtenances over, thru, under, across and pass the property in
accordance with plans, specifications and engineering data as
submitted by a Florida registered engineer to be approved by the
appropriate governmental regulatory agencies and the CITY; and
said water line extension shall be installed and connected to
CITY'S existing water distribution system all of which work shall
be paid for by the DEVELOPER.
Part II - CITY'S OBLIGATIONS
A. CITY acknowledges payment was received from Barnett Bank in
the amount of $4,000 and disbursed to DEVELOPER.
B. CITY has collected $4,000 from Sherwood Forest a benefitted
user of the DEVELOPER'S water line extension conveyed to the
,CITY.
C. CITY shall
Sherwood Forest to
by City Commission
release said $4,000 payment received from
the DEVELOPER once this AGREEMENT is approved
and executed by authorized CITY officials.
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D. CITY will require the property known as "Forum Property" to
pay the CITY $4,000 as a benefitted used prior to authorizing
connection to the CITY'S water distribution system installed by
the DEVELOPER at his cost. CITY will disburse funds to DEVELOPER
once received.
IN WITNESS WHEREOF, the parties hereto have accepted, made and
executed this agreement upon the terms and conditions above
stated on the day and year first above written.
For the DEVELOPER:
DANILO R. GIAMBERINI
For the CITY:
CITY OF DELRAY BEACH
By:
Danilo R. Giamberini
Attest:
By:
Doak S. Campbell, III
Mayor
Attest:
Elizabeth Arnau
City Clerk
Approved as to Form:
City Attorney
.
,[ITY DF DElRAY BEA[H".
CITY ATTORNEY'S OFFICE
310 S,E, 1st STREET. SUITE 4 DELRA Y BEACH, FLORIDA 33483
407/243.7090 TELECOPIER 407/2784755
MEMORANDUM
Date: A ug'Ust 17, 1989
To: City Commission
Malcolm T. Bird, Interim City I\IIBn~f1.'Pr
From: Herbp.rt IV. A. Thiele. City Attorney
~ubject: Claim by Irene Montalban
The Cit~' Attorney's Office is in rf'ceipt of 8. cJema.nc. lettp.r from Ma.x
Rudmann, Esq.. the attorney for former emplo~'ee Irene Montalban. This
letter of Angust 10. 1989 was also the subject of a conversation between
myself and Mr. Rudmann on Monday, August 14, 1989. A copy of the letter
is attached hereto for your review, along with II copy of 8 letter that
Mr. Rudmann represented that he has sent to the EEOC concerning the sexual
harassment chllrge that Ms. Montalban has levied against thp. City and former
City Mana~ Walter Barry.
Since this is being treated by our office as a personnel claims matter, and
since Mr. Rudmann has made a demand for settlement of this claim in the
amount of $55.000.00, we are requesting that the City Administration place
this mattp.r on your regular City Commission agenda of August 22, 1989 to
provide direction to the City Attorney's Office.
Since this is an active claims matter and may yet result in litigation, we do
not want to place any further information in this memorandum concerning our
opinions and! or recommendation. However, we will be glad to review this
matter with any individual City Commissioner in advance of the August 22,
1989 meeting or at the time of the meeting. You should also note that despite
the allegations set forth in Mr. Rudmann's letters. our office continues to
hold the position that was set forth in our last overview memorandum of
Jul~' 26. 1989.
~
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Attachment
cc: John Elliott. Assistant City Manager
Marty Ritchason, PersonnelfT,abor Relations Director
~(
MAX RUDMANN
August 10, 1989
Attorney At Law
Mr. Herbert W. A. Thiele
City of Delray Beach
310 S, E. First St" Suite 4
De1ray Beach, FL 33483
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Atrium Financial Center
Suite 204
1515 No"h Federai Highway
Boca Raton. Florida 33432
(407) 395.1100
Dear Mr, Thiele:
As you are already aware, I represent Irene Montalban.
Mrs. Montalban was sexually harassed on numerous occasions by the
Delray Beach City Manager, Walter Barry. Ultimately, Mr. Barry
fired !"f.t::. !'-!~:".talhan, in violation of' 'r'itle VII ot the Civil Righto
Act and the Florida Human Rights Act. Affidavits of M~e. Montalban
and, other City employees show a pattern of harassment by Mr. Barry
which created an uncomfortable environment for Mrs. Montalban; an
environment which violated Title VII of the Civil Rights Act.
The affidavit of Mrs. Montalban clearly shows a pattern of improper
behavior, amounting to sexual harassment, by Mr. Barry. Mrs.
Montalban states that, "Barry plac<ld his hand on DIY buttocks or
otherwise touched the area of my buttock!:: on nUl1'erous occasions."
Mrs. Montalban did not invite this (!onduct, and was made to feel
uncomfortable in having to work with Mr. Barry. She discussed this
issue with Public Information Officer, Ms. Tina Eno, who ignored
the issue.J?Y stating, "I guess he likes butts." Ms. Eno took the
a11egations~rnore seriously when as she states in her affidavit she
"witnessed the City Manager, Walter Barry, walk by and slap Mrs.
Montalban at least one time on the buttocks." Ms. Eno and Mrs.
Montalban both state that Mr. Barry respondan by saylng, . I J \lst
couldn't resist". The issue was discussed with co-';wrkers, hut
nothing else waR don.. at that t:im.. becau;:;e Mrs. M'mtaJ.ban was
fearful of loosing her job.
The evidence shows that folr. Barry was negligent in fi:J:ing I-Irs.
MontalDan. iJndertha C":urrent interpretation, of J:"J.orina Sta-::utc
sec. 760.10, Mrs. Montalban was unlawfully discharged from her
position. Under the U.S. Equal Employment Opportunity Commission
Guidelines, the City uf Delray Beachcau be held liable. The F.:EOC
Guidelines make the employer strictly 11able under agency
principles for the negligent firing of an employee.
The United States Supreme Court has established that an employer
will be held liable under Title VII of the Civil Righ~s Act for
this type of conduct. The Court in Mer1tor VB. Vinson. 477 U.S.
57 (1986), held that an employer is liable for the /:lctions of
employees which amount to sexual harassment. The Supreme Court
adopted the EEOC' s 1980 guidelines which define sexually harassing
conduct as "unwelcome sexual advances, requeste for sexual favors,
and other verbal or physical conduct of a sexual nature." The
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Mr. Herb Thiele
Page two
repeated touching of Mrs. Montalban's buttocks, along with Mr.
Barry'S attitude, is clearly sexual harassment. This repeated
harassment created an environment which made it impossible for Mrs.
Montalban to satisfactorily perform her duties.
The City of Delray Beac~s liability is clea~ Because of the
circumstances surrounding the firing of Mrs. Montalban, it has
become almost impossible for her to find other employment in the
area. The nature of this incident has caused her to be ridiculed
by her Co-workers and peers in the community. Under Title VII and
the Florida Human Rights Act, Mrs. Montalban is entitled to damdges
for these injuries, as well as lost wages from the City, back-pay,
ben~fits, interests, costs and attorney's fees.
Along with these direct monetary liabilities, it is not
unreasonable to foresee that the City will be subjected to a great
deal of bad publicity in print, radio and television. A look at
recent events make it clear that a large volume of publicity will
be generated by a sexual harassment charge.
The interests of both the City of Delray Beach and of Mrs.
Montalban would best be served by a speedy resolution of Mrs.
Montalban' s case. On the basis of the foregoing facts and law
demand is~reby made for damages of $55,000.00. The damages are
based on Mrs. Montalban's salary with the city, the pain and
suffering she has endured due to being terminated unjustly, for
future damages she is sure to suffer given the publicity which has
surrounded this episode, and Mr. Barry's severance package.
I look
to discussing this matter with you on Monday.
-- --
---.
MR/mr
CITY
COMMISSION
DOCUMENTATION
TO: MALCOLM BIRD, INTERIM CITY MANAGER
~~?'( /~
THROUGH: FRANK R. SPENCE, DIRECTOR
QVELOPMENT SERVICES GROUP
~J.~~
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: CITY COMMISSION MEETING OF AUGUST 22, 1989
STREET NAME APPROVAL, OLD SCHOOL SQUARE AUCTION
ITEM BEFORE THE COMMISSION:
The item before the City Commission is that of
approving the street names which are to be assigned to
certain streets as a result of the Old School Square
auction.
BACKGROUND:
Previously the City Commission authorized Old School Square to
auction off certain City streets for purpose of naming the
streets in return for funds for the renovation of Old School
Square.
Pursuant to City Code, street names are approved by the City
'Commission after review and recommendation by the Planning and
Zoning Board. During the P&Z Board review, the street names are
reviewed by the Fire Marshall for duplications and to identify
problems which may occur with respect to emergency services being
able to adequately respond to calls from such street addresses.
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board will
names at its meeting of August
encountered by the Board will be
Commission meeting.
review the
21, 1989.
presented
proposed street
Any problems
orally at the
RECOMMENDED ACTION:
By motion, approve the recommended street names and direct the
administration to inform appropriate agencies of these changes
and to erect street name signs accordingly.
Attachment:
list of proposed names as requested by Old School
Square
REF/DJK*50/CCOSS.TXT
1...'
~q~
MEMORANDUM
STAFF
REPORT
TO:
PLANNING AND ZONING BOARD
Q OF DELRAY BEACH
~J \lmUQaA-
ID J. KOVACS, DIREC1rOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: AGENDA ITEM IV.L -- REGULAR MEETING OF AUGUST 21, 1989
STREET NAMES -- OLD SCHOOL SQUARE AUCTION
ITEM BEFORE THE BOARD:
The action requested of the Board is that of reviewing and
making a recommendation to the City Commission relative to
the change of street names. Code section 102.25 applies.
BACKGROUND:
Earlier this year the City Commission worked with the Old School
Square Foundation in identifying streets and alleys which could
have their names changed and hence be "auctioned off".
Attached is a list and short description of the streets and
alleys as they exist and the proposed name. A map showing the
location of each street or alley is also attached.
ANALYSIS:
For the Board's general information the following terminology is
applied to the naming of streets:
"Avenues" run north and south;
"Streets" run east and west;
"Boulevarq" is usually applied to major tree-lined
travelways or unique tree-lined travelways;
"Way" or "Via" denotes a travelway which connects two other
streets. Ways and Vias are usually short segments.
"Place" and "Terrace" denote cul-de-sacs and dead-ends.
"Lane" denotes a short segment, or a country cul-de-sac or
dead-end.
"Road" and "Drive" are not a part of the normal nomenclature
and are usually found in rural areas.
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P&Z Staff Report
Recommendations Regarding Street Names Pursuant to the
Old School Square Auction
Page 2
Of the names submitted, the Board's attention is directed to the
following:
Wallace Drive: Given the significance of this travelway it
seems more appropriate to use "Boulevard" instead of
"Drive". This matter has been discussed with Mr. Wallace
and he may have a comment relative to it.
Chiropractic Street:
Homewood into Woodlake
called such.
Since this travelway leads from
it functions as a "Way" and should be
Dr. Carol Krol Street: Since this travelway leads into an
industrial area it may be appropriate to be a "Way" as
opposed to a "Street". See *7.
Fladell's Road: To avoid confusion with "Fladell's Way" it
is suggested that *9 be changed to "Dr. Andre's Way". This
change has been discussed with Dr. Fladell and he is
agreeable to it.
RECOMMENDED ACTION:
Forward the list of requested street name changes and naming of
alleys to the City Commission with a recommendation of approval
with the inclusion of the above changes.
Attachments:
* list of names
* location maps
copies:
Bob Barcinski, Assistant City Manager
Mike Cato, Fire Marshall
Old School Square Foundation
. REF/DJK*51/PZSTREET.TXT
I
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MAYFAIR STREET AUCTION
i T OF STREET NAMES FOR APE vAL
CURRENT NAME
PROPOSED NAME
1 . Alley Behind Clamber of Comllerce
(N-S Alley between E. Atlantic,
SE 4th Ave., SE 1st st. and SE
5th Ave.)
Ellings~rth 's Way
(01amber of Comllerce)
2. Alley - between E. Atlantic, NE
4th Ave., NE 1 st st., and NE 5th
Ave. (N-S)
Parrish Lane
(Liz Parrish)
3. Alley - between E. Atlantic, NE
4th Ave., NE 1st st., & FEC R.R.
(E-W)
Arkie 's Alley
(Barbara Rosacker)
4. Avenue "G" - US/l1 to Old Dixie
Hwy.
Transportation Lane
(J. Abbott)
5. S.W. 18th Avenue- South of
Atlantic Avenue
McNab Avenue
(Robert McNab)
6. Alley - E. Atlantic, SE 3rd Ave,
SE 1st st and SE 5th Ave. (E-W)
Via Devitt
(Fred Devitt)
7. NW 1 st street - East of Congress
Don Francisco's Way
(Andre' Fladell)
8. Avenue "F" - Frederick to Old
Dixie Hwy.
9. SW 2nd S:., East of Congress
Fladell's Way
(Andre' Fladell)
D..;\(c\\ " ~ \.-v",
.L.:b.H .! llsaEi ''';
(Andre' Fladell)
1 O. NE 8th street (Swinton to
A-I-A)
George Bush Boulevard
(Republican Club)
11. NW 3rd street - East of Congress
Dr. Carol Krol Street
(Carol Krol)
12. SW 4th Street - West to SW 27th
(Woodlake Entrance)
Chiropractic street
(Carol Krol)
1 3. Germantown Road - SW 10th st.
to Linton Blvd.
Wallace Drive
(Bill Wallace)
14. Brant Drive from c-15 Canal to
Lindell Boulevard
Carol Bolter Drive
(Ed Bolter)
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1
C I T Y
COMMISSION
DOCUMENTATION
TO:
MALCOLM BIRD, INTERIM CITY MANAGER
'~~~
FRANK R. SPENCE, DIRECTOR
G::j~~= GROUP
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
FROM:
SUBJECT: MEETING OF AUGUST 22, 1989
CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR
COSTCO @ S.W. 4TH AVENUE AND LINTON BOULEVARD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval subject to conditions of the site and
development plan for the proposed COST CO store.
BACKGROUND:
The property under consideration is the 9.3 acres located in the
southwest corner of Linton and S.W. 4th Avenue. The proposed use
is to be in a single structure consisting of 117,000 sq.ft. The
use is general retailing through a "club" concept.
The property was recently rezoned by the City Commission in order
to accommodate the proposed use. Please refer to the Planning and
Zoning Board staff report for a full project description and
analysis.
The most significant aspect of this proposal is that of traffic
congestion at Linton and S. W. 4th Avenue. Based upon the most
recent information, a staff recommendation involves improvements
on S.W. 4th Avenue both north and south of Linton. This
requirement may be objected to by the petitioner.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will consider this item at its
meeting of August 21st. Normally, the site plan would be
considered at the September 12th meeting of the Commission;
however, the petitioner has requested special consideration and
an early action due to unique circumstances.
.
The Board's recommendation will be communicated to the Commission
on Tuesday evening. The staff recommendation is contained in the
Board's staff report.
RECOMMENDED ACTION:
By motion, approval of the site and development plan for COSTCO
based upon the findings made by and subject to conditions as
presented by the Planning and Zoning Board.
Attachment:
cover sheet from the P&Z Staff Report
special request letter from Ocean Properties
site plan provided under separate cover
full staff report is available in the City Manager's
Office
REF/DJK*47/CCCOSTCO.TXT
,.?
;~LHNN1NG 8
CITY OF DELRAY
ZUNING BOARD
BEACH
STAFF REPORT
MEETINGo:tTE: August 21, 1989
flGEN:)=J ITEM: IV. E
CONSIDERATION OF SITE AND DEVELOPMENT PLAN APPROVAL FOR COSTCO AT THE SOUTHWEST
ITEM: CORNER OF LINTON BOULEVARD AND S.W. 4TH AVENUE.
(
/...~
PLAT NO I
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NT
LAVERS
RNATlONAL
AZA- 2
ElK-51; P-I,2
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FAC
8M. 42,
GENERAL DATA:
Owner.......:.................. .Tc.. McMurrain
Agent...........................Robert CUrrie
Currier Schneider' Associates,
AlA
Location~.......................southwest corner of Linton
Boulevard .nd S.W. 4th Avenue
Property Size...................9.3 Acres (405,108 Sq.ft.l
Existin9 Land Use Pl.n..........MF-lO (Multiple Family _ 10
units/.cre)
Proposed Land Use Plan..........Comnerci.l Core TrSftsition.l
(Comprehensive Pl.n)
City Zonin9.....................GC (Gener.l Commerci.l)
Adj.cent Zonin9.................North of the subject property is
zoned POC (Pl.nned Office Center)
.nd R-lA (Sin9le-Family Dwellin9
District). South and west are
zoned SAD. East is zoned GC and
LI (Li9ht Industri.l).
:
Existinq Land Use...............vacant land
Proposed L.nd Use...............117.044 sq.ft. Ret.il s.les
warehouse buildinq for Costeo
Water service...................Existinq 10" main alon9 the south
side of Linton Blvd. and a 16"
main exists alonq the west
side of S.W. 4th Ave.
Sewer Service...................Existinq lines must be verified
with Utility Permit Administr.tor
ITEM: IV. E
.
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properties. ltd.
8132 Glades Road. Boca Raton, Florida 33434.407/487.4900
-:-
August 12, 1989
David Kovach
City Planner
City of Delray Beach
100 NW 1st Ave.
Delray Beach, Florida 33444
I
RE: MCDONALD'S AND COSTCO
SITE PLAN APPROVAL
-~.
Dear David:
I'm submitting this letter to request the City Council hear our site plan
petition on their regularly scheduled meetins of Ausust 22, 1989.
We are anxious to be heard and have contractual obligations to both tenants
prior to September 1, 1989.
If you have any questions or need more information, please call me at
the above number.
Since ely,
:-rt1(1L
Thomas T. McMurrain
Vice President
TTM:rao
"
~
+
!
C I T Y
COMMISSION
DOCUMENTATION
TO:
MALCOLM BIRD, INrERIM CITY MANAGER
F~~~:NC~
VELOPMENT SERVICES GROUP
VIA:
~~OM&-
D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF AUGUST 22, 1989
CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR
MCDONALD'S RESTAURANT, LINTON @ GERMANTOWN ROAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval subject to conditions of the site and
development plan for the proposed MCDONALD'S DRIVE-THRU
RESTAURANT.
BACKGROUND:
The property under consideration is located in the southeast
corner of Linton Boulevard and the extension of Germantown Road.
The proposed use is a combined drive-through and sit down
restaurant operated under a McDonald's franchise.
The property was recently rezoned by the City Commission in order
to accommodate the proposed use. Please refer to the Planning and
Zoning Board staff report for a full project description and
analysis.
The most significant aspect of this proposal is the lack of
coordination between sewer, drainage, and street facilities and
the overall development of the entire 27 acres which is under
single ownership. Improvements are to be in place pursuant to a
replat of Parcel 1 of Linton Center; however, progress on
completing the plat and associated improvement plans has been
lacking.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will consi,der this item at its
meeting of August 21st. Normally, the site plan would be
considered at the September 12th meeting of the Commission;
however, the petitioner has requested special consideration and
an early action due to unique circumstances.
The Board's recommendation will be communicated to the Commission
on Tuesday evening. The staff recommendation is contained in the
Board's staff report.
RECOMMENDED ACTION:
By motion, approval of the site and development plan for
McDonald's Restaurant based upon the findings made by and sUbject
to conditions as presented by the Planning and Zoning Board.
Attachment:
cover sheet from the P&Z Staff Report
special request letter from Ocean Properties
site plan provided under separate cover
full staff report is available in the City Manager's
Office
REF/DJK*47/CCBIGMAC.TXT
~~
r LH/\Jl\ll NG
CITY OF
8 Z' \JING
DELRAY
BOARD
BEACH
STAFF REPORT
---
MEETING rnTE: August 21, 1989
AGENJA ITEM:
IV. D
CONSIDERATION OF SITE AND DEVELOPMENT PLAN APPROVAL FOR MCDONALD'S, LOCATED ON THE
ITEM: SOUTH SIDE OF LINTON BLVD.. BETWEEN S.W. 10TH AVE. AND GERMANTOWN RD.. IF EXTENDED.
I ~ /~
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LAVERS
I{) RNATlONAL
A:ZA - 2
0) BK- 51; p- '.2
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GENERAL DATA:
OWnera..........................~. T. MCMurraln, V.P.
Pala8 of Delray, Inc.
Agent...........................~. T. MCMurraln, V.P.
Loc.tion........................SOUth aide of Linton Boulevard,
between Germantown Road., if
extended, and S.W. 10th Avenue
Property Size...................1.659 Acrea (72,266 Sq.ft.l
Exiatinq Land Uae Plan..........C (commerciall
Proposed Land Use Pl&D..........C~rclal Core
(Comprehensive Plan)
City Zoninq.....................GC (General CommeOCiall
Adjacent ZOnlnq.................North of the subject property 1.
zoned SC (Specialized
ea..ercia1). South and ean
are zoned Ge. West 1. zoned ce.
Exl~tln9 Land Use...............V.c.nt land
Proposed Land U.e...............McDon.ld.s restaurant with a
.eatinq capacity of 100.
Water Service...................propo.ed via connections to th~
exi.tinq 10" water main located
.lo~ the south side of Linton
Blvd.
Sewer Service...................Provided vi. extension of
exi.tinq 8" qravity sewer line
alonq Lindell Blvd. northwest to
the intersection of Lindell Blvd.
and Waterford Place, then
northward a10n9 the waterford
Place rlqht-of-way to the
McDonald.s site.
ITEM: IV.D
.
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properties. ltd.
8132 Glades Road, Boca Raton. Florida 33434.407/487-4900
:-
August 12, 1989
David Kovach
City Planner
City of Delray Beach
100 NW 1st Ave.
Delray Beach, Florida 33444
t
RE: MCDONALD'S AND COSTCO
SITE PLAN APPROVAL
-~.
Dear David:
I'm submitting this letter to request the City Council hear our site plan
petition on their regularly scheduled meeting of August 22, 1989.
We are anxious to be heard and have contractual obligations to both tenants
prior to September I, 1989.
If you have any questions or need more information, please call me at
the above number.
Since ely,
~11(1L
Thomas T. McMurrain
Vice President
TTM:rao
"
{
"
+'
I
~:'
.):
C I T Y
COMMISSION
DOCUMENTATION
TO:
FROM:
MALCOLM BIRD, INTERIM CITY MANAGER
~Q1 /(' ~
FRANK R. SPENCE, DIRECTOR
C:S:lJ ~=ES GROUP
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
VIA:
SUBJECT: MEETING OF AUGUST 22, 1989
CONSIDERATION OF THE SITE AND DEVELOPMENT PLAN FOR
DELRAY BAY (CROSSWINDS) APARTMENTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval subject to conditions of the site and
development plan for the proposed DELRAY BAY APARTMENT
COMPLEX.
BACKGROUND:
The property under consideration is located on the south side of
Linton between Crosswinds and Spanish Wells. A 222 unit
apartment complex is proposed. Although the property is zoned
PRD-IO, the density on this 14.2 acre parcel is 15.7 units per
acre. This density has resulted from a unique history associated
with the overall Crosswinds PRD. The Crosswinds project began
its development history in 1980. The complete project history and
analysis of this site plan is found in the P&Z staff report.
The major issue associated with this petition is that of access.
The overall Crosswinds master plan called for access over
existing internal streets. However, the developer and the
Crosswinds Association desire a direct access onto Linton
Boulevard. The impacts of the access alternatives and positions
taken by the City, the Association, and the developer have
previously been reported by separate memorandum. It is the
collective position of the Planning and Engineering Departments,
with support from the Police Patrol Division, that the direct
access to Linton is undesirable.
PLANNING AND ZONING BOARD CONSIDERATION:
,
The Planning and Zoning Board will consider this item at its
meeting of August 21st. Normally, the site plan would be
considered at the September 12th meeting of the Commission;
however, the petitioner has requested special consideration and
an early action due to unique circumstances.
The Board's recommendation will be communicated to the Commission
on Tuesday evening. The staff recommendation is contained in the
Board's staff report. Work session reviews by the Planning and
Zoning Board indicate that a split vote will occur on this item.
RECOMMENDED ACTION:
By motion, an action on the site and development plan for
Delray Bay based upon the findings made by and sUbject to
conditions as presented by the Planning and Zoning Board.
Attachment:
cover sheet from the P&Z Staff Report
special request letter from Radice Corporation
site plan provided under separate cover
full staff report is available in the City Manager's
Office
~~
A-~ING 8 ZONING BOARD
CITY OF OELRAY BEACH
H:ETII\G mTE: August 21, 1989
STAFF REPORT
AGEN::A ITEM: IV. A2
CONSIDERATION OF PRELIMINARY PLAT APPROVAL FOR DELRAY BAY, LOCATED WEST OF
I TEN: HOMEWOOD BLVD., BETWEEN LINTON BLVD. AND GERMANTOWN RD.
... ~
-
@
.~
GENERAL
DATA:
ow..~...........................a.dlce CQr.pac~
~nt...........................C.F. a.41~. --.c. V10e ~..ldent
Cl'o.~l'" of Deb.,-. be.
~tl~........................~t" ~ ., - J
aoulevu4. 80IItIl eC Lbtoa. II".
Mid ..tta of.... l,. aoM.
Property .1.....................14.217 Acr.. .11'.212 ".ft.t
&lUau..., Lud U.. .1an..........nD-IO C.t.a..d -..... Ue!...
10 uJ..
I\. . L" E.M4 0.. .1..............d....Ud ... 1IefJ... 0..1q-
C~l.. '1_. S-U dQJKn
Clt7 &o.1..................~....PRD-IO ('l~ "'~e1.1
o...lOp1Mnt. Dlftd~.
..,~ ........................lIorU of t:ae"~ .....rti 1.
&Ofted lIt-l0 C-.J.t1pJ....._U,.
DlMlllD9 D1ftz'1etJ. ~tll 1.
-- o-u..u, (1bt1e-'_ll'
o...lUDO Dlndct).. aut h
&OI*l~lO. "-ft t.. .....
"-10 and ~ CA9rl~tlK'.l
".id.nt.lal Tr...lt1oaa1
Dlat:z;.lct...
EKlat.lftg Laad u.................v.cant. Land
'l'opo... L&Dd u.................222 Multipl.-r~ly Dwelling
Unit.
Wat.~ servic....................'roy1d.. Y1a ~iona to ta.
exiat.1nv .OO vate" ..i_ loc.ted
wi thin Croa..,i.... ~ I. no"th
and .outh ot tM LaM T1'.ct.
-.we,," Serv1ce....................rovid...vi. ~iona to the
..i.tift9 .OO ......" ..1_ located
within Cro...,i.... rbe.. I. north
.nd .outh ot u.e l.Ake Tract. on..
..i... drain iftco 11ft .utloa. "
54". Litt Uatloa yPfI'a41"" ..y
be req\lhed.
ITEM: IV. A2
.
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a
M E M 0 RAN DUM
To:
City Commissioners
Via:
Malcolm Bird, City Manager
From;
Frank Spence, Director - Development Services Group
Re:
PINEAPPLE GROVE WAY ALTERNATE PLAN
Date:
August 17, 1989
The Beautification Task Force met with representatives from the Pineapple Grove
Support Group to discuss alternatives for Pineapple Grove Way as directed by the
City Commission.
The Beautification Task Force is in favor of the idea of the installation of
sculptures providing that significant landscaping be maintained to soften and
enhance the streetscape.
The City's consultant, Kurt Kette1hut presented 4 schemes for consideration. Both
the B.T.F. and Pineapple Support Group endorsed a combination of improvements in
Scheme B and Scheme D. The elements of these two schemes have since been incorp-
orated in Scheme E. This alternative provides for 50 shade trees within the side-
walk, 4 sculpture nodes (which necessitates the elimination of 4 parking spaces)
and the construction of landscape nodes at the intersections, where feasible. This
plan would require an additional $40,000 in funding.
The second choice was Scheme B which allowed for the sculpture and trees in the
sidewalk but does not provide for the intersection nodes. This plan would require
$15,000 additional funding.
As to a source of funding, it has come to light that the beautification plans for
both Lake Ida Road and S.W. 10th Street will not be able to move forward until after
the road construction scheduled for 1992. Our bond requires that the money be
spent prior to May 1990. Approximately $220,000.00 will have to be spent on other
beautification projects by Mayor we stand to face penalties for not spending the
money.
The B.T.F. is asking for the Commissions approval of Scheme E with the additional
funding to be transferred from the Lake Ida Road beautification fund. They are also
seeking direction on procedure to select a sculpture and the artwork for the street.
c: Lu1a Butler
John Mc Kenna, B.T.F. Chairman
.
30
?.ESOLUTION NO. 7-89
A RESOLUTION OF THE CI'l'Y CCI.JISSIaf OF 'l'BB Crrl!' OF
DELRAY BEACH. FLOlUDA, DECLARIlIG A HBED FOR 'l'BB
REVITALlZATIOO .OF 1X*....VWft nRT.ln.y "R1I'1l'=B AND PRO-
'l1DING NOTTC"R "l" THE C1TY'S WILLINGBBSS '00 OFFSET
EXPENSES ~C1"SSARY TO PROVT!)E :l..DBQUATE l'ARlUNG
EXPENDITURES FOR C'ER'l'ADf C~&......CIAL RE'rAIL DEVELaP-
ME!IT THROUGH THB USE OF PUBLIC ~UJ:'W:i, PROVIDIRG 10M
EF!'E~ DATE.
WHEREAS, the :::ity of Del:cay Beach, Florida, is IIIOst interested
in making every effort to attract a _jor upscale departJDeDt store to
its downtown, and
WHEREAS, a maior department store has indicated a sincere
interest in locating a new two story upscale retail store in the Central
Business District at Atlantic Plaza, and
WHEREAS, said store is a nationally recognized upsca1e
whose excellent reputation includes quality of mer..n,"""use, c.
involvement, and fine lllerchandising, and
WHEREAS, said store has indicated they are favorably con-
sidering downtown Delray Beach for a 1990 opening, and time is of the
essence. 3nd '
chain
.nity
WHEREAS, the approved CCIIIIIW1i.ty Redevelopment Plan includes as
a principal goal obtaining a major quality department store to downtown
Delray Beach, an
WHEREAS, the COIIIIIW1.ity Redevelu. eat A9'-nq and the Downtown
Develo~nt Authority have voted to support such action and to contri-
bute a portion !:)f their future funds to help finance the necessary
parkinq requirements, and
WHEREAS, an independent report funded by the Downtown Develop-
ment Authority (DDA) states that the impact on the central BusiDess
D~strict by the locating of, a maiordepartJDeDt store. in downtown Delray
Beach will be one of the most positive of any stepa that could be ta.,....,
and
WHEREAS, according to the same repm:t, the proposed store, if
located in downtown, will generate IIIOre than 250 ~t jobs, 115
ancillary jobs, and $25 million in incr....-ed retail sales, and
WRRD~1IS, the cOlllllW1.i ty bas mr;preaaed. overwbe ,..; ng support to
bring said departJDeDt store to downtown Delray Beach, aDd
WAR1UU.S, it is in the best interests of all the citizens of
and visitors to Delray Beach for the City to do all it can and to have
its agencies ready and eager to support this effort in ..V6.LJ way, and
WHBRBAS, said dePaJ:~ store
parking spaces and other requireaents
autcaobile aDd pedestrian acceaa.
NOW. TBERBPOllE, BE IT !lESOLVED BY TBB CITY ca -SSICB OF 'l'BB
CI'l'Y OF DELltAY BEACH, FLOlUDA. AS POLLOIIS;
requires a ..int_... nt-"'-r of
that iDCluda convenience of
SecthJD 1. That the City C. i..lon, the gove:rniJJg ))odr of
the City, hereby fo~ly c~ts to f;n.n'C"", construct. ADd. ~lete by
May 31, 1'90 a public parking garage that will "'..... -date ..~.....i...tely
496 spaces plus retail space :)n the north half ~ the bloclt Dao'....- .2!!
j\
the west by North Federal Hiqhwav (U.S. 1). on the north by H.E. 1st
Street, and on the east by H.E. 7th Avenue in downtown Delrav Beach.
Further, it authorizes and directs Mayor Doak ~a~ll to deliver this
c~tment in writing to the mana.g nt of said cieplhL...o.:ut store at the
earliest opportunity.
passage.
Section 2. 1'hi;;; ~,-,~;(,14tlon sha~,1 ~a:!l;~, ~ff:!ct inlDediatt; 1)' :.lPOll
PASSED AND .\DOPTED in regular .::ession on this the Uth :lay :Jf
February, 1989.
Q,.,(,U.??~ 4~
MA OR
A'l"l'EST:
~' /F"
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Cit lerk
2
Res. No. 7-89
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF AUGUST 3, 1989
,
WHEREAS, the South Central Regional Wastewater Treatment
and Disposal Board did on August 3, 1989, by a vote of 8-0,
approve the Operating Budget for the Fiscal Year 1989-1990 in
the amount of $2,688,300.00, attached hereto as Exhibit "A" ,
pursuant to the Interlocal Agreement between the City of
Boynton Beach and the City of Delray Beach; and,
WHEREAS, said approval authorizes a new Table of
Organization; and
WHEREAS, Said Board action requires ratification by the
City of Boynton Beach and the City of Delray Beach;
NOW, THEREFORE, the City of Boynton Beach, Florida, and the
City of Delray Beach, Florida, hereby ratify said Board action
independently.
The above action is hereby
of Boynton Beach this
a vote.
ratified in open session by the City
day of , 1989, by
Witnesses:
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
(SEAL)
Approved as to form:
City Manager
City Attorney
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The above action is hereby
City of Delray Beach this
a vote.
Witnesses:
(SEAL)
ratified in open session by the
day of , 1989, by
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Manager
City Attorney
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Budget Comparison Report
e0N~ET
ACCH
DESCRIPTION
-~-----~------------~----------~------------------------~---~-~------------~--~-----~--~-----------------------------------------
-------------------
iPERSONAL SE~/rCES:
--------------------
120 Regular Wages
140 Overtime
ISO Christ"as Bonuses
151 Sick-L~ave Bonus
152 Payroll Contingency
210 Socia! S~urity Ex~1se
221 Pensicn(101.)
222 r.C.M.A. Retirement
230 Blue Cross-Blue Shield Ins.
231 Derrtal I~surance
2:~ Disability Insw"ance
2:~3 Li fe InslJraJ1ce
235 SUPPLEMENTAL LIFE
236 Organ Tra~splant Expense
240 Workers Compo Insurance
250 Unemploym~~t ComF~nsation
270 Employee Assist. Program
TOTAL PERSONAL SERVICES
-------------------
:OPERATIONS SERVICES :
--------------------
310 Medical Services
32G Accc~1ting/Auditing
321 Ad~in. Legal Expenses
3~a Pre-Treatreent
339 Toxicity Testing
South Centra! Regional Wast,e Water Faci I i ty
1986-87
BUDGET
645,000
24,000
1,400
2,000
3,500
44,000
50,000
3,800
24,000
3,500
7,000
2,400
19,000
1,000
350
830,950
1'.186-87
Actual
639,621
28,873
1,400
68"J
47,125
49,330
3,999
16,518
2,354
5,487
1,331
o
o
148
1987 -88
Budget
725,767
20,000
1,500
122
3,000
1987-88
Actual
702,583
31,622
1. 450
860
53,447
56,132
130
31,863
4,467
5,901
1,812
o
50
19S8-S?
Budget
BOO,OOO
25,000
1,550
o
5,000
06/30/89
June
ytd
575,537
28,318
1,550
I,Bll
43,092
38,461
o
34,567
2,959
5,854
1,690
1,625
o
323
1988-89
Unused
1989-90
BUDGET
11,432
1,464
"
465
810,352
J,OOO
50,000
65,000
3,500
27,000
4,000
8,200
3,000
o
16,000
1,500
450
931,927
o
370
2,000
60,800
65,000
30,000
5,000
9,000
3,500
18,000
14,000
600
921,778 1,039,450
14,166
9,038
454
759,444
224,463 875,00
(3, JIB) 30,00
o 1,55
o
5,000 7,50
16,318
14,169
604
189 2,50
17,708 75,80
26,539 75,00
o
o 6,00
(4,5671 55,00
2,041 6,00
3,146 10,00
1,810 2,50
(1,6251
(3231
1,00
3,834
25,00
4,962
20,00
146
75
--------- --------- --------- --------- --------- --------- --------- --------
--------- --------- --------- --~------ --------- --------- --------- --------
280,006 1,193,60
750
13,000
12,000
10,000
10,000
794
13,000
11.062
6,72S
1,953
1,000
13,650
12,000
10,000
10,000
513
.
17,399
18,842
3,976
28,2B3
1,000
15,000
12,000
15,000
20,000
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1,519
14,841
14,243
12,969
31,692
(519)
2,00
159
18,00
(2,243)
20,00
2,031
20,00
(11,692)
50,00
South Central Re9ional Waste Water Facility
Budget Comparison RepOrt 06/30/89
9U~G!T 1986-87 1986-87 1987-88 1987-88 1988-89 June 1989-89 198'~-9(
ACCT# C>ESCR!PTION BUDGET Actua I B'jdget Actual Budget Ytd Unused BUDG..'l"
----.----------------------------------------------------------------------------------------------------------------------------
340 Sludge Disposal/Hauling 464,135 414,680 496,609 345,366 450,000 276,257 173,743 625,O(
341 Sludge/Li~Jid Analysis 2,000 1,999 2,000 1,345 3,000 1,609 1,391 3,St
342 laM Computers- Service Mait. 3,000 2,066 3,000 1,615 3,000 1,527 1,413 4,O[
343 Minolta Copier- Service/Parts 2,000 910 2,000 1,612 2,000 1,841 159 2,5C
344 Meter C~libration- Fla. Bervic 5,820 4.f.62 5,820 4,381 6,300 2,768 3,532 6,3C
345 Grit Hauling- Rental ~ Du~~ing 11,~80 9,398 12,000 14,623 15,000 10,915 4,085 l8,OC
346 Misc. Service Co~tir~ency 1,800 2,081 1,800 S"Jll 2,400 1,723 677 5,OC
390 Contract Work Not Specified 10.000 13,262 12,000 22,154 20,000 23,29S (3,298) 30,OC
400 Technical Training/Travel 6,600 7,462 6,600 8,283 6,600 10,970 (4,3701 8.'
'"'
401 Automotive Mileage Expense 11,650 6,643 9,650 6,440 9,500 4,834 4,666 10,00
410 Telephc1rJe EY.::.erlse 8,500 7,7"39 8,500 8,509 7.500 5,898 1,602 9,50
440 E~Jipment R~~tal 2,000 1,017 2,000 671 2,000 1,885 115 2,50
450 Insurance Expense 48,000 58,658 60,000 46,619 55,000 36,564 18,436 45,00
460 B1lildings 2,500 7,354 2,500 4,431 5,000 3,5.<38 1,412 7,5')
461 Equipment 25,900 27,915 25,000 28,8S7 . 25,000 37,080 1I2,080) 30,00
462 Automotive, Tractors, Trucks 7,535 7,682 7,500 8,368 7,500 2,655 4,845 7,50
463 Plant, Grounds 4,500 4,878 5,000 4,698 5,000 4,585 415 5,00
464 RePair Contingen~/(Deficiences 20,000 21,924 20,000 21,974 25,000 15,7"35 9,265 25,00
490 Adverti~ir~ 1,000 550 1,000 916 4,000 4,121 1I2ll 2,00
491 Licen.e and Per.it. 500 262 500 2,670 2,500 2,250 250 2,50
510 Offjce Sllpplie. 5,000 6,016 5,000 6,284 6,500 5,554 946 7,50
515 Safety Su~~li~s 0 I] 0 0 0 0 18,00
520 ll"'li forms 5,651 4,850 4,000 5',934 5,000 ~i,4:(i 1.S67 5,00
521 Misc. Board ContingB~Y 1,500 607 1,000 882 1,000 4,538 (3,538) 1,20
522 Polymer 50,000 49,7!3 50,000 45,186 S5,UUO 38,680 16,320 50,00
522 Li me 37,.239 42,515 50,075 40,863 55,000 30,586 24,414 52,50
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South Central Regional Waste Water Facility
Budget Co~parison Report 06/30/89
EU~IGET 1986-87 1986-87 1987-88 1987-88 1988-89 June 1988-89 1989-90
ACm DESCRIPTION BUDGET Aduel Budget Adua! Budget ytd Unused BUDSET
------.--------------------------------------------------------------------------------------------------------------------------
522 ChIedrlt: 35,000 63,672 87,400 83,:'62 60,000 38,139 21,861 50,001
522 Acid/Bleach 6,500 5,350 0 8,325 1,819 (1,8191
522 Chemical Contingency 4,50~ 8,525 0 4,381 16,500 9,385 7,115 15,001
522 Chemica'Is, Prier Years 0 I) 0 0 0 0
.:'23 Ger:era! Operating Stipp lies 12,000 14,712 12,000 17,980 15,000 11,796 3,204 15,001
524 Janitorial S~FP!ies 4,500 3,808 4,500 4,423 6,000 3,655 2,345 5,001
525 Laboratory S~~lies 8,000 7,883 8,000 9,458 10,000 8,8"33 1,167 18,001
526 Oil, Grease, arid Lubricants 5,175 4,093 5,000 3,750 5,000 1,160 3,840 5,00!
527 Cc.rlst.rlJcticn /itaterial 2,000 2,176 2,000 1,191 2,000 1,112 888 2,OO{
528 Pur. of Small Teels & Equip, 2,000 2,902 2,500 1,826 2,500 3,141 (641) 6,OO(
529 Offic~ E~uipment(<$200) 2,000 0 2,000 2,283 2,500 1.217 1,233 2,50(
531 Electricity 353,300 301,152 372,000 337,541 435,000 246,682 188,318 545,OOl
532 W~ter Consumption 9,600 3,307 7,000 2,304 7,500 3,962 3,53S 8,OOC
5:<3 Garbage/Trash Hauling 840 1,010 1,200 653 1,500 387 1,113 2,00(
540 Memberships,Dues,~~scriptions 1,200 1,512 1,200 2,064 1,800 2,161 (36lJ 2,00(
541 Education Expenses 4,000 1,997 4,000 1,325 4,000 3,843 !S7 6,00(
TOTAL C~RATIONS SERVICES 1,233,925 1,160,276 1,349,003 1,183,403 1,411,100 945,449 465,651 1,775,00(
--------- ---...._--- --------- --------- ::::::::: --------- --------.. --------.
--------- --------- --------- --------- --------- --------- --------.
GRAND TOTAL 2,064.875 1,970,628 2,2$0,930 2,105,181 2,450,550 1,704,893 745,657 2,968,60(
SOUTH CENTR.~L REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD
MOtml TO MONTH SUMJI'.A,qy OF FLOWS AI/D REVENUES VS, E.'<PENDITURES(OPEPATIONSl
06/01189
DESCRIPTION April May June July AU9USt September
:===========================================================================================================::::::
Operating Costs 1133,473 205,9tO 206,003 0 0 0
Revenues 197.355 187,842 172,853 0 0 0
Differential 13,882 (18,0681 (33,149) 0 0 0
Accumulative Totals
Operating Costs 1,307,943 1,513,853 1,719,886 0 0 0
Revel'lUE:s 1,418,202 1,606,044 1,77B,898 0 0 0
Differentia! 110,259 92,191 59,012 0 0 0
Flow 422.15 401.80 369.74 0,00 0.00 0.00
Flow To Date 3033.59 3435.39 3805.13 0.00 0.00 0.00
t
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF AUGUST 3, 1989
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board has approved its Operating Budget for Fiscal Year
1989-1990; and,
,
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board's source revenue to meet such budget is based upon
the wholesale sewage user charge assessed the City of Boynton
Beach and the City of Delray Beach on a volume of flow basis; and
WHEREAS, the Board deems it necessary to increase the
wholesale sewage user charge to $.6005 per thousand gallons for
the Fiscal Year commencing October 1, 1989, including $.4925
for Operation and Maintenance, $.013 for the purchase of the
Ocean Outfall, $.095 for the Sinking Fund, and did by a vote of
8-0 approve such an increase;, and,
WHEREAS, such action requires ratification by the City of
Boynton Beach and the City of Delray Beach;
NOW, THEREFORE, the City of Boynton Beach, Florida, and the
City of Delray Beach, Florida, hereby ratify said Board action
independently.
The above action is hereby ratified in open session by the
City of Boynton Beach the
day of
, 1989, by a
vote.
Witnesses:
CITY OF BOYNTON BEACH
By:
Mayor
Atte~t:
City Clerk
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(SEAL)
Approved as to form:
City Manager
City Attorney
The above action is hereby ratified in open session by the
City of Delray Beach the
day of
, 1989.
Witnesses:
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL)
Approved as to form:
City Manager
City Attorney
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RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF AUGUST 3, 1989
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board did on August 3, 1989, by a vote of 8-0,
approve the Capital Expenditures portion of the operating Budget
for Fiscal Year 1989-1990 in the amount of $69,400.00, attached
hereto as Exhibit "A"; and,
WHEREAS, funding for said expenditures is to be assessed 50%
tq the City of Boynton Beach and 50% to the City of Delray Beach;
and,
~rnEREAS, the Board action requires ratification by the City
of Boynton Beach and the City of Delray Beach;
NOW THEREFORE, the City of Boynton Beach, Florida, and the
City of Delray Beach, Florida, hereby ratify said Board action
independently.
The above action is hereby ratified in open session by the
City of Boynton Beach this day of
Witnesses:
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
(SEAL)
Approved as to form:
City Manager
City Attorney
1
3lf
The above action is hereby ratified in open session by the
City of Delray Beach the day of
Witnessess:
(SEAL)
\
CITY OF DELRAY BEACH
BY:
Mayor
Attest:
City Clerk
Approved as to form:
City Manager
City Attorney
2
M E M 0 RAN DUM
From:
To: Lu1a Butler, Community Improvement Director
Nancy Davila, Horticu1turist!Special Projects Coordinator ~
Re:
CHANGE ORDER APPROVAL!I-95 IRRIGATION
Date:
August 11, 1989
Attached herewith is an Commission agenda request for approval of change
orders to the irrigation contracts for both Linton Bou1evard!I-95 and West
Atlantic! 1-95 interchanges.
The 'changes to the contracts are outlined in detail on the change order
form, but in general the changes at both locations were due to D.O.T. 's
requirement that Black Iron Pipe be utilized in lieu of P.V.C. pipe for
sleeves under the pavement and design changes in the system to extend
coverage into the utility strips along the sides of the road that had not
been specified on the plans.
West At1antic!I-95 also required additional linear footage of Jack & Boring
as obstacles were often encountered that would prevent traversing the most
direct route across the pavement. The contract had already established an
extended price per foot for additional jack & boring.
Although both change orders result in a net increase to the current contract
amount, they do not exceed the amounts for which the contracts were
originally awarded in February 1989. This is due to the fact that change
orders were approveded in June 1989 that significantly decreased the net
contract price though system design revisions. Decreases in June amounted to
$ 23,696.64, current change orders amount to a net increase of $11,681.20
which has an end result of a $12,015.44 decrease in the amount of the
original contract award.
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CHANGE ORDER
No. '"
Dated
R-l>
,19 R9
Project No. Bid # 89-26 Act # 333-4141-572-61.22
Project Name: West Atlantic Avenue/I-95 Irrigation
Owner
City of De1ray Beach. Florida
Contractor: All - Green Lawn Sprinklers
Contract Date: 5-10-89
To: Ben Ellis. President - All Green Lawn Sprinklers
You are directed to make the following changes in the subject contract:
1) Utilize Black Iron Pipe in lieu of PVC for all sleeves under pavement $2,220.00
2) Provide 169 additional heads to provide adequate coverage of planted areas and
to extend coverage within utility strips.
$2,381. 28
3) Additional Jack & Boring required at the extended price per foot per contract $2.569.44
which changes are more specifically described in the attached amended plans. drawings
and specifications.
The reason for the change is as follows : 1) D.O.T. will not permit PVC under pavement
1 eads were needed that were not included on bid drawings, 3) Obtac1es adjacent
often revented ack & borin the most direct route across the r/o/w.
The contract price and contract time shall be adjusted because of the changes as follows:
A. Contract Price
1. Contract price prior to this change order:
$33.910.87
Page one of two Pages
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CHANGE ORDER No.
2
Project name
Irrigation - West Atlantic/I-95
2. Net increase resulting from this change order: $7.170.72
3. Net decrease resulting from this change order: N/A
4. Current contract price including this change order:
$41.081. ~9
B. Contract Time
1. Contract time prior to this change order:
60 davs
2. Net increase resulting from this change order:
no effect
3. Current contract time including this change order:
60 days
CITY OF DELRAY BEACH, FLORIDA, OWNER
By:
Attest:
City Clerk
City of De1ray Beach
Approved'as to form: t_~t~cc6!/
Ci y Attorney
The above changes are accepted on , 19 . I
all the provisions of the Contract Document related to Project No.
which are not inconsistant with the terms of this change order shall
and apply to all work undertaken pursuant to this change order.
understand that
Hi" II RQ-?/;
remain in effect
~ess:
--0- D....~ ~
As to Contractor
\~\, ~.v\
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, Contractor
By:
Title
r\n\/Jo" ; ihlUL ~, ~
'--tV'Q y,q . t q
NOllfy, p~. SI.I. of florid.. .
AI, ComnusllOn f.,.,.. Feb. 4. 1m
. JcI..,.. Ihtll lu!r. u~: l&lwuu Q
~
Page Two of Two Pages
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CHANGE ORDER
No. 2
Dated
8-4
, 19 89
Project No. Bid # 89-25, Act # 333-4141-572-61.24
Project Name: Irrigation - Linton Boulevard/I-95
Owner
City of De1ray Beach, Florida
Contractor: Ben Ellis - All Green Lawn Sprinklers
Contract Date: 5-10-89
To:
.s~g
IP' i~
.
PY"o'i-fQt:>n~
.
All r.raan T~wn ~prinklprR
You are directed to make the following changes in the subject contract:
1 "ti1-f.,.o Rl~l"'lr Trnn Pipp fnr c.l,::lo,::lo\1Pc. tlncfpy n.n T. r/o/w in lien of PVC $3.774.00
? Provide 45 additional Toro 570P heads to ensure adequate coverage of plant materials
and to extend coverage into utility strips within project area, $588.60
3. Per contract additional foot of Jack & Boring and 3 feet additional well depth
$147..
which changes are more specifically described in the attached amended plans, drawings
and specifications.
The reason for the change is as follows :
1. D.O.T. will not permit the use of PVC
for sleeves under roadways. this was not indicated on plans at time of bidding.
2. Outside consultants and Parks personnel agree that closer head spacing will provide
better lrrlgatlon coverage.
The contract price and contract time shall be adjusted because of the changes as follows:
A. Contract Price
1. Contract price prior to this change order:
$55.215.98
Page one of two Pages
gb
CHANGE ORDER No.
2
Project name
Linton/ 1-95 Irri2ation
2. Net increase resulting from this change order: $4.510.48
3. Net decrease resulting from this change order: N/A
4. Current contract price including this change order: $59.726.46
B. Contrac t Time
1. Contract time prior to this change order: 60 days
2. Net increase resulting from this change order: no effect
3. Current contract time including this change order: 60 days
CITY OF DELRAY BEACH, FLORIDA, OWN~R
By:
Attest:
City Clerk
City of Delray
Beach
~~/C~
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City Attorney
Approved as to form:
The,above changes are accepted on , 19 . I understand that
all the provisions of the Contract Document related to Project No. Bin # 8q-?~
which are not inconsistant with the terms of this change order shall remain in effect
and apply to all work undertaken pursuant to this change order.
w~ess :
V;Of)h- 0&
~iiUQM\
Ben lis, President
, Contractor
As to Contractor
By:
QI\~
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Notify PuLit. Stale 01 RoriU -,
My Com....;'. fapir.. Feb. 4, 1991
kllltt~ Ih'lI hir hll: /NlI,.." ~
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Title
Page Two of Two Pages
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MEMORANDUM
TO:
Robert A. Barcinski
Asst. City Manager/Commun~rY Services
william H. Greenwood ~#~~;'l6(~r
Director of Public Utilities
FROM:
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING - AUGUST
22, 1989 ~ CHANGE ORDER *2 - N.E. 1ST STREET
DRAINAGE PROJECT - LINE UPGRADE ON N.E. 4TH AVENUE
DATE:
August 16, 1989
Item Before City Commission:
The City Commission is requested to approve Change Order #2 on
the N.E. 1st Street Drainage Project. This deals with the
replacement of the 1-1/2" water main on N.E. 4th Avenue to an 8"
water main between Atlantic Avenue and N.E. 2nd Street. This
line upgrade will give us fire protection and all new services
for the existing and future buildings on 4th Avenue. Funding
source will be from #441-5123-536-60.XX.
Background:
The PublIc Utilities Department has requested a quote from
Hardrives, Inc. for the installation of an 8" water main on N.E.
4th Avenue from Atlantic Avenue to N.E. 2nd Street with a tie-in
to the east between 4th and 5th Avenue. These prices are based
on the installation of the main while the N.E. 1st Street Drain-
age Project is being done by Hardrives, Inc. The quote came in
at $51,590 for an 8" water main. (See attached quote sheet).
At this time, N.E. 4th Avenue is being served by a 1-1/2" 'water
main with no fire protection from Atlantic Avenue to N.E. 2nd
Street. This proposed new main would give us fire protection and
all new services for the existing and future buildings on 4th
Avenue.
This project has been included in the FY91-92 CIP budget and
should be accelerated in view of the fact that the area is under
construction at this time.
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The Fire Department supports this water line upgrade which
supply fire protection on N.E. 4th Avenue which presently
not exist.
will
does
Recommendation:
Staff recommends approval for this Change Order #2 in the amount
not to exceed $51,590.00 from Hardrives, Inc. Funding source
will be from account which will be *441-5123-536-60.XX.
[ITY DF DELRAY BEA[H
, FIRE DEPARTMENT
i'.'
\..,
KERRY B, KOEN
F irf! Ch Ie f
M E M 0 RAN DUM
TO: WILLIAM GREENWOOD, DIRECTOR OF PUBLIC UTILITIES
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: JULY 27, 1989
SUBJECT: FIRE PROTECTION IMPROVEMENTS, NORTH EAST 4TH AVENUE
Water distribution for North East 4th Avenue from East'
Atlantic Avenue to North East 2nd Street is limited to one fire
hydrant at the corner of East Atlantic and North East 4th Avenue
and one hydrant at North East 2nd Street and 4th Avenue.
The installation of a new fire main (8") along this two block
area would permit adequate hydrant distribution along 4th Avenue,
meeting the current city standards for commercial areas, and
providing improved fire flows for the overall fire defense system
in the central business district.
Fire hydrant locations should be coordinated through the
office of the Fire Marshal.
\f~ \fS~tc-
Kerry B. Koen
Fire Chief
KBK:dmr
.cc: Robert Barcinski, Interim City Manager
f IRE DEPARTMENT HEADOUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444.407/243-7400
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CHANGE ORDER
No. 2
Dated
Aup;ust IS,
,1981-
Project No.
87-10-23
Project Name:
Storm Drainap;e System No. 3 (N.E. 1st Street DrainaRe Protect)
Owner: City of Delray Beach, Florida
Contractor: Hardrives, Inc.
Contract Date: September 29, 1988
To:
Hardrives, Inc.
, Contractor
.
You are directed to make the following changes in the subject contract:
Install 8" ductile iron (Class 52) water main on N.E. 4th Avenue between Atlantic
Avenue and N.E., 2nd Street.. Project is to include 4 fire hydrants, ,.!1pproximate1y
24 services, 2 gate valves and fittings.
which changes are more speCifically described in the attached amended plans, drawings, an<
specifications.
The reason for. the change is as follows: To improve fire flow in the area by rep1acinp;
existing H" main with 8" main and 4 fire hydrants.
The contract price and contract time shall be adjusted because of such changes as follows:
A~ Contract Price
L Contract price prior to this change Order:
$772,355.45
Page One of Two Pages
~
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CHANGE ORDER i
2. Net increase resulting from this change order: $51,590.00
3. Current contract price including this change order: $823,945.45
B. Contract Time
1. Contract time prior to this change order: 250 days
2. Net Increase resulting from. this change order: 21 days
3. CUITent contract time including this change order: 271 days
City of DeIray Beach, Florida, OWNER
By:
Attest:'
City Clerk
City of Delray Beach
Approved as to form:
City Attorney
The above changes are accepted on ~ - / {, , 198 L. I understand that all tt
provisions of the Contract Document related to Project No. P7-/f).2... 3 which are nc
inconsistent with the terms of . this Change Order shall remain in effect and apply to all wor
undertaken pursuant to this Change Order.
Witness:
CONTRACTOR
By: d (-
VI eF" f71l.-n I o~e
.,.
Page Two of Two Pages
J
[IT' DF DELAA' BEA[H
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CITY ATTORNEY'S OFFICE
310 S,E, 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483
407/243-7090 TELECOPIER 407/278-4755
MEMORANDUM
Date: August 15 1989
To: ci ty Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Absentee Ballots
The City's Code of Ordinances, Section 34.02,
City Commission shall make all necessary
holding all municipal elections.
provides that the
arrangements for
In the past, the City has used paper
City Clerk has reques.ted that the City
to punch card absentee ballots, to
separately hand count absentee ballots.
Theresa LePore of the office of the Supervisor of Elections
requires a letter from the Commission requesting the use of
absentee punch ballots, instead of paper ballots. The Supervi-
sor of Elections office requires 45 to 60 days lead time to
implement the absentee punch card ballot system from the date
of their receipt of a letter from the City requesting the use
of absentee punch card ballots.
absentee ballots. The
of Delray Beach convert
eliminate the need to
I have enclosed a proposed letter for the Mayor's signature to
the Supervisor of Elections, should the City Commission desire
to use the punch card system for absentee ballots. '
By copy of this memorandum to Malcolm Bird, Interim City
Manager, please place this matter on the August 22, 1989 City
~siol Agenda.
';,tdiL/
cc Malcolm Bird, Interim City Manager
Elizabeth Arnau, City Clerk
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[ITY DF DElAAY BEA[H
100 N.W. 1S1 AVENUE'
DELRAY BEACH, FLORIDA 33444
407/243.7000
August 15, 1989
Jackie Winchester, Supervisor of Elections
301 North Olive Avenue, Room 105
West Palm Beach, FL 33401
Subject: City of Delray Beach, Florida's Request to Use PunCh
Card Absentee Ballots
Dear Ms. Winchester:
The City Commission of the City of Delray Beach, Florida at
their regular meeting of August 22, 1989 voted to use punch
card absentee ballots for all municipal elections.
Please implement the absentee punch card ballot system on
behalf of the City of Delray Beach.
Thank you for your assistance in this matter.
~'.......
Sincerely,
Mayor Doak S. Campbell, III
cc: Theresa LePore, Assistant Supervisor of Elections
THE EFFORT ALWAYS MATTERS
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AuglJst. 11, 1989
1"'11". I"'Jalcolm E:ir'd
Ci t..y M2tnager'
Cit.y of Delray Beach
Deal" 1"11". 8ir'd)
I am writ.ing to you on behalf of t.he Zont.a Club of Boca Rat.on
Area, We are members of Zonta Int.ernational, a 'worldwide classified
sel'vice '<:H'ganizatie,n of over 35,000 e,<ecutives in business and the
professions in 1,000 clubs in 50 count.ries, Our club has been act.ive
in the communit.y since 1975, Please see t.he enclosed informat.ion
regarding our past service projects, We are no~ planning a
fundraiser in cooperation with Norman Briggs and the staff of Scarlett.
O'Hara's Rest.aurant., The fundraiser will benefit Project Safe Place
(for runaway children) and Children at Risk- Fa~ilies in Crisis (child
abuse prevention), 100% of t.he proceeds will go to these charities,
We are planning a Country Western Jamboree for Sunday, August
27t.h, 4-10 PM in the parking lot of Scarlet.t. O'Hara's at 335 E, Lint.on
Blvd, There will be family-style entertainment, We need the Cit.y's
permission t.o erect. a tent in the parking lot., We will hire Part.y
Time to set. up and to take down the tent on August. 27th, Party Time
is get.ting the tent. permit. required from t.he Building Depart.ment,
Norman Briggs and I will be attending the Community Appearance Board
meeting on August. 16 at Cit.y Hall t.o get approval, We will have a
pict.ure of th~ t.ent. t.hat evening, We would lik~ t.o be included on the
agenda of the City Council meeting on August 22 for final approval.
We hope that t.he beaut.iful City of Delray Beach will allow us t.o put
on our Country Western Jamboree to benefit the countless runawai
children and the silent vict.ims of child abuse,
Please contact me at Mayfair Animal Hospital, 278-0677 or at East
Oakland Animal Hospit.~l, (305) 561-3886 if you have any questions,
.Thank you in advance for your cooperation.
Respectfully',
XMVA
Lisa ROZgOn~
President
Zonta Club of Boca Raton Area
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RECEIVED I
MKi1089 i
OVEMENT
COMMUNTI~!~6~ DIVISION
ADMINIS nro
LEASING: (407) 241-0012
ONE BOCA PLACE
2255 GLADES ROAD. SUITE 311 E
BOCA RATON, FLORIDA 33431
OPERATIONS: (407) 272-6239
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Community h..,Jrovement Deparbnent Property control number must be on permit
. ' . application.
. Permit expires if construction is not begun
APPLICATION FOR BUILDING PERMIT within 180 days.
(407) 243-7200 N lans must be on job before inspection will
PLEASE PRINT ALL INFORMATION te made,
1,)....1 4- 13 I 4- I (0 1:2-1 I I.~ It 0 I 0 I I 10 10 I 010 ;.\t least one inspection to be made every 180
days or permit expires.
Certificate of OCCupancy must be obtained
'CITY I RG I TWP I SEC I SUBD BLOCK I LOT from department before using compJeted
IMPORTANT: Applicant to ~b<~bIA TWlIWl: structure.
1. ~~CATION NU1'e' 1.3..~'Ar1Jt..J .l31-,{['t.R{JAJJ -;'/"~.I DEPARTMENTAL USE ONLY
Permit No. Dele
BUILDING Lot No, Block .. Section/Su6cJivision ..,,~ ..."
A TYPE OF IMPROVEMENT C TYPE OF CONSTRUCTION A~~ ~/~M,e
,. 0 New Structure Chapler 6: STANDARD BUILDING CODE
2. 0 Addition Pari( & Rae. ee Ole
3. 0 Alteration (' Af.J{Af, .....61V..
4. 0 Repair ROad Impact Fee Dete
5. 0 Demolition D. DIMENSIONS: I &xl I (,~O'L(;O)
6. 0 Moving (Relocation).....r; 1 Plan Square Feet: Radon Fee Dele
1. 0 Other: \6) (" 2. No. of Stories; /
3. Building Height: O1her Dete
B PROPOSED USE:
(For Demolition Show Most Recent Use) t:-;LDG G O~~Vg~ENT VALUATION TOTAL FEE
RESIDENTIAL,
1.0 One Family (InCl. Semi-detached. Row. Town)
2. 0 Two or More Families PLAN CK. FEE
No, of Dwelling Units: .
3.0 Transient Hotel, Motel or Dormitory ... I!? BALANCE FEE .1 55.DO
4. 0 Garage W..JelZ
5. 0 Carport J:::li';w The unde~gf18d appliCant doli h...oy rlql*t that .
6. 0 Mobile Home ...0>::1: building permit be iUued on .,. basil of Ind IUbjec:t to
E~~~ the herein let forth n1ormllion .. lupplemanllld with h
7. 0 Other Specify: U~ding lhal .. DeL-RAY BEACH. flORIDA
Plumbing, Mech.,iCIIl Bu~ding. Eiltctric:1I and Zoning
~Za:O Itlquintmflnls shall be completed ~, 1peC!'*' In
NON.RESIDENTlAL: c(Wa: In;' applicatiOn and accomPlni<<l with pianI at not. I
8. 0 Amusement. Recreational >OZQ, undelrstand thaI . IePnte PtmIil rnJIt be MCured for
9. 0 Church, Other: Religious ..J~~::I: any 0I1he folbwing items shown on the abChed pllna:
well. plumbing, eltctrical signl, IOIlIcaQe pill, bOiler or
' O. 0 Industrial ~:50c; 18Wag.. PIanI end IP8Ci!Cltiol'll for Il..Ch 1t1UC1U.... ...
attached and I Igree I~ comply to .1 Ftderal. s-.
11.0 Parking Garage Oz~i'; County and City II,,:-c..:' ~ d ~ l'
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12. 0 Service Station, Repair Garage OWa:C no\lio,.tIo~lliltl . ~
13.0 Hospital, Institutional e :J ~3- ~~" ~
14.0 Office, Bank, Professional wBgm ,
15.0 Public Utility Signature of Iii . Only
a:-Q,a:
16. 0 School ::l~wO Sworn to and sub8cribed before me thls_
17, q Stores, ~rcantile ..J J:"-
16.0 Tanks, Towers ~ -r <O"'W day of
19.00Iher-;pecify ~'~f\ I ~WZ~ A.D. 19_ .
fiH\b Al('I.I' ev, ::I:-~
Notary Ptlbllc
State of Florida
Flood Zone Bd, of Adj, (if applicable)
Enterprise Zone 0 Petition #
Description of Work: I.JO ?I ~-re..1C.- -~- ,~ \'f:.""" O~ ~1c';>ol't,9
"D"'CJ...>N , ~\ ~% h,o,
("').0
Size of lot: Width feet. Depth feet. Area Height of Bldg, (to highest
point of roof) feet. Setback from property line: Front. feet. Rear feet. Side yard feet.
Side yard feet. ZONING DISTRICT Occ, Use
Name I Mailing Address: Number, Street. City. State Zip Code Telephone
Owner k/,^"" ~."\ n! d. ./J. r YJ::s~AN'" 335 L_/u-mfJ ~LYll ",'?,<..1":>,",- 17_'D.-L..J$/
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Contractor ~i"\n \'~L\.:) ,~ .... I\"","",~,.) \.. ~"L ~,..>02",,,,,..,J',,. 1~':::>''"'81 <>'''1'-\ -<WS,'
I~ 11M- Cert, of Camp, No, 'Y\..- . \l " A '^ ~
Architect
Engineer State Rea, No,
PLEASE SEE SHEET 2 FOR LISTING SUBCONTRACTORS (if applicable), ALL subcontractors must come in to the Building Depart-
ment and sign up as the subcontractor for each project, They must also bring with them the correct plan check number issued to the
Qeneral contractor,
DEPARTMENTAL USE ONLY
Public Utilities Planning (Site Plan) ~~ CAB or COA
~
SigNlture Signature Signalur ~ SignatUIW
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o.te 0011 te 00"
Zoning Engineering BuilcUng Dept Bullcli
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SigNlture Signature Signature \lS'gna1... . gj/c.# ~
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CITY OF' ,)ELRA Y BEACH
BLDG, 300
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PROJECT NAM E
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COMMUNITY APPEARANCE BOARD
DELRAY BEACH, FLORIDA
STRUCTU"ES AND LANDSCAPING
CAB
NOTI
All boxes mus t
be checked. If
not applicable.
please insert
N.A.
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APPLICATION DATE: ~
PROJECT NAME:
-S P'\ \
. C~fLL.~ ~ ~~\s.
SITE ADDRESS: ~'? S ,
LEGAL DESCRIPTION:
PRELIMINARY REVIEW
FINAL REVIEW
REQUEST FOR CHANGE
SIGN LOCATION ONLY
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D~5tPTION O~f.K:
.01... )"' f"'\ ",\ R - ~q
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NAME ADDRESS TELEPHONE
APPLICANT~~ \~(-I~~>-'~ "-.)"-J \.6n ~~c..>f>< C\'\'-\.-'Kd.-~d-...,
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OWNER: ()~)l\'A-"") ~\9(,",'fL l\o?-;:) \\.-:1w\..o ~\',~OC.A c\"~'-\-~~~~
ARCHITECT:
LANDSCAPE
ARCHITECT:
A representative must be present at the presentation.
SEE DELRAY BEACH CODE OF ORDINANCE ARTICLE 9, DIVISION 2, SECTION
9-352 THRU 9-362 FOR SUPPLEMENTAL <;aITERIA FOR COMPLETE AND MORE
DETAILED INFORMATION. A REPRESENTATIVE OR THE OWNER SHOULD BE
PRESENT AT TIME OF REVIEW. ALL DOCUMENTS SHOULD BE SUBMITTED IN
DUPLICATE.
PRELIMIMARY REVIEW REQUIREMENTS. (Please read Note Sheets Attached),
The applicant is to provide. as near as possible, for the complete
proposed development, the following inform,tion:
a. Site plan with all buildings and signs located.
b. Plans, elevations and sections with all lights, exterior
finishes and colours indicated (See attached sheet for
presentation requirements).
c. Fully annotated landscape plan.
FI~ REVIEW REQUIREMENTS
The applicant should read the note sheets attached and supply all
the material applicable to the pro 0 development.
APPLICANT SIGNATURE:
COttftlNITY APPEABANCE -1"/ r/ /'. _ _ ~//: / ~ .
BOARD CHAIRMAN: ./(/~pt/~
DATE: 9/W1ff
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MEMORANDUM
TO: Malcolm Bird, Interim City Manager
From:
Lula Butler, Community Improvement Director~
August 17, 1989
Date:
Subject:
Agreement For The
Allamanda Gardens
the Palm Beach
Request
Installation of Infrastructure for
Between the City of Delray Beach and
County Housing Partnership/Agenda
Per Resolution Number 8-88, the City Commission agreed to
construct on- and off-site infrastructure improvements and to
waive permit fees and other fees under Commission control in
support of the development of Allamanda Gardens, a 36-unit single
family affordable housing development located within the City of
Delray Beach. This is to request execution of the formal
agreem~nt for that project.
The City Attorney has reviewed the agreement, recommended minor
changes, and approved it as to form.
Funding for this project was previously approved by the
Commission at the April 25, 1989 regular meeting.
Upon the execution of this agreement, the City is obligating
a total of $299,768 ($100,000 of general revenue funds plus
$199,768 of CDBG funds) for infrastructure improvements.
This agreement complies with 24 CFR 570.200 relative to funding
of eligible activities.
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AGREEMENT FOR THE INSTALLATION OF INFRASTRUCTURE
FOR ALAMANDA GARDENS BETWEEN THE CITY OF DELRAY BEACH
AND PALM BEACH COUNTY HOUSING PARTNERSHIP
THIS AGREEMENT FOR PROVISION AND ACCEPTANCE OF FUNDS
("Agreement") made and entered into this
day of
, 1989,
by and between the CITY OF DELRAY BEACH, a municipality duly
organized by the laws of the State of Florida, hereinafter
referred to as the "CITY" and the PALM BEACH COUNTY HOUSING
PARTNERSHIP, INC., a non-profit corporation duly organized and
existing by virtue of the laws of the State of Florida, having
its principal office at 777 East Atlantic Avenue, Delray Beach,
Florida, 33483, hereinafter referred to as the "PARTNERSHIP."
WHEREAS, the Partnership is an organization dedicated to
combining public sector resources and private sector initiative
to construct affordable housing for low- and moderate-income
residents of Palm Beach County; and
WHEREAS, a part of the Partnership's overall program
activities is the construction of 36 affordable single-family
homes on an 8.9 acre parcel of land bordered on the north by S.W.
2nd Street, on the east by S.W. 8th Avenue, on the south by S.W.
3rd Street and on the west by S.W. 10th Avenue within the City of
Delray Beach, hereinafter known as the "ALAMANDA GARDENS"; and
WHEREAS, the City, through Resolution Number 8-88, has
agreed to construct on-and off-site infrastructure improvements,
.including water and sewer hookups and interior streets, and
agrees to consider waiving permit and other fees under its direct
control in support of this Development; and
WHEREAS, it is appropriate for the City to facilitate
development of affordable housing through the appropriation of
City Community Development Block Grant funds supplemented by City
General Revenue funds for infrastructure improvements.
NOW, THEREFORE, the parties hereby agree as follows:
1. DEFINITIONS
The following definitions are provided for the terms
set forth herein:
a) "Alamanda Gardens" means 36 affordable
single-family homes to be developed on an 8.9 acre parcel of land
bordered on the north by S. W. 2nd Street, on the east by S.W. 8
Avenue, on the south by S. W. 3rd Street and on the west by s.
W. 10th Avenue within the City of Delray Beach.
b) "CDBG" means Community Development Block Grant
program.
c) "City" means the City of Delray Beach, Florida, a
municipality duly organized by the laws of Florida.
d) "Development" means Alamanda Gardens
e) "Infrastructure" means water, storm drainage and
sewer lines, interior road system, and off-site improvements.
f) "Low-and Moderate-income" means eighty percent
(80%) of area median income adjusted for family size as
delineated by U. S. HUD's Section 8 Income Guidelines.
g) "Partnership" means the Palm Beach County Housing
Partnership, a non-profit, tax-exempt, Community Development
Corporation organized pursuant to the laws of the State of
Florida.
will:
i) provide funding for the installation of water,
storm drainage and sewer lines, off site utility improvements and
interior roadway construction at Alamanda Gardens and engineering
contract fees. The funding is hereby agreed to be a total of
$299,768.00 of which $69,768.00 is contingent upon subsequent
City Commission approval following citizens participation proce-
dure for the 1989-90 CDBG allocation process which will
occur during the budgetary review of the City's 1989-90 bUdget.
To the extent $69,768.00 is allocated, such funds will be used
for the water and sewer connection fees, payment of which is
hereby deferred to fiscal year 1989-90.
ii) prepare all bid documentation, using the
Partnership's contracted Engineering firm's plans &
specifications.
iii) award contracts for said project and be
responsible for construction supervision.
iv) be responsible for Federal Regulations
compliance applicable to this project inclUding the Davis-Bacon
Labor Standards requirement and on-site monitoring.
b) The Partnership will:
i) be responsible for documentation that
prospective homeowners meet the eligibility requirement of being
low-to moderate-income as defined by HUD's Section 8 Income
Guidelines.
ii) comply with the City Commission request that
priority for home ownership be given to Delray Beach Residents.
iii) provide the City with copies of agreements
and other documentation regarding the Alamanda Gardens Homeowners
.Association.
iv) through its contracted engineering firm, be
responsible for submissions to the Department of Environmental
Regulations, Palm Beach County Health Department and the South
Florida Water Management District, prior to Bid Advertisement.
v) provide documentation for City files for
competitive bid procedures regarding its advertisement for and
award of contract to the engineering firm of Heller, Weaver and
Cato, in accordance with 24 CFR 85.36.
3. SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or
termination of this agreement may occur if the Partnership
materially fails to comply with any term of this Agreement.
This agreement may be terminated for convenience in accordance
with 24 CFR 85.44.
4. COMPLIANCE WITH NATIONAL OBJECTIVES
The Partnership agrees that the real property to be
improved with CDBG funds will be used to benefit persons of
low-to moderate-income for a period of five years.
5. ATTORNEY'S FEES AND COSTS
In connection with any litigation, including appellate
and post judgement proceedings arising out of this Agreement, the
prevailing party shall be entitled to recover reasonable
attorneys' fees and costs.
6. OTHER AGREEMENTS
No prior or present agreements or representations shall
be binding upon any of the parties hereto unless incorporated in
this Agreement. No modification or change in the Agreement shall
be valid or binding upon the parties unless in writing executed
by the parties to be bound thereby.
PALM BEACH COUNTY PARTNERSHIP, INC.
EXECUTED by Partnership on day of
,1989
WITNESSES:
By:
Managing Partner
CITY OF DELRAY BEACH,
EXECUTED BY CITY ON
1988
FLORIDA
day of
By:
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
RESOLUTION NO. 50-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to fl.le an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and, .
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of lahd involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
'11
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Section 1. That assessments in the amount of $1,259.50
One thousand two hundred fiftv nine and 50/100 dollars as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel (s) of land described in said report and in the amount (s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
wi th the same penal ties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of ~batement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied' copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee. '
PASSED AND ADOPTED in regular session on this the
of Auqust , 1989.
22md
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 50-89
,.-
..
NOTICE OF ASSESSMENT
O~.., J"-- r ..?~
Date
/f?? <;
TO: Reubin and Emma Hanna
ADDRESS: 314 SW 2nd Street, De1ray Beach, F1 33444
PROPERTY:
16 SW 10th Avenue, De1ray Beach 33444
LEGAL DESCRIPTION:
Lot 21, Block 8, Atlantic Gardens according to Plat
"
Book 14, Page 20 of the official records of Palm Beach County, F1
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of ~' ?'Q ,n by resolution
of the City Commission of the City of De1ray Beach, F orida, dated
, 1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 11-23-88
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 7-26-89
at a cost of $1,259.50 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
....(~... 'L_ ,,"7. q~ .. ..
City Clerk
RESOLUTION NO. 51-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
t~e respective owner (s) of the land (s) described in the attached list
w~th wr~tten notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
'tv
\
)
Section 1. That assessments in the amount of $2,693.90
Two thousand six hundred ninety three and 90/100 dollars as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner (s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of'abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the C~ty Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate 'of 6%, and collection costs including a reasonable attorney's
fee. .
of
PASSED AND ADOPTED in regular session on this the 22nd
August , 1989.
day
M A Y 0 R
ATTEST:
L:~ty L:LerK
- 2 -
Res. No. 51-89
/
NOTICE OF ASSESSMENT
ODJ~.J.:72, /f'.F'~
Date
TO: Tony Cupe11i a/k/a Antonio Cupel1i and Elvira Cupe11i
ADDRESS: 820 NE 77th Street, Boca Raton, F1 33433
PROPERTY: 1713 SW 6th Avenue, De1ray Beach, F1 33444
LEGAL DESCRIPTION:
see attached legal
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $2,693.90 by resolution
of the City Commission of the City of De1ray Beach, Florida, dated
, 1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 4-18-89
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You. have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the' cost of the action.
The City of De1ray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 6-27-89
at a cost of 52.693.90 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
<fj; ~.-,7.4.-L.. ..,..
City Clerk
Legal. VUC/Lip.tion: Tha,t paM 06 Lot 8 06 the Subdiv,iA,ion 06 Section 20, Town.6h.ip
46 Sou-th, Range 43 ElU.t, Pla..t Book 1 Page 4, be.ing 0. paM 06 the Sou-th ~ 06 the
Sou-th ~ 06 the Sou-thwut % 06 the Sou-thelU.t % 06 Sec.tion 20, Town.6h.ip 46 South,
Range 43 clU.t, Pabn Beach CouMy, F.e.olr.ida, mO.lte paMicu.lo.lLl.y dUCJUbed IU 60Uoou.:
Commence a,t the SQu-thwut cO.ltneA 06 the Sou-th ~ 06 the Sou-th ~ 06 the Sou-thwut
% 06 the Sou-the.tJ.4t % 06 Sec.tion 20, Town.6h.ip 46 Sou-th, Range 43 ElUt, P.l.a..t Book
1 Page 4; THENCE .!Lun ElUtUe.y a.e.ong the Sou-th bounciaJly 06 .6a.i.d. .tIuI.c.t (.6o.me be.ing
the. Sou-th .tine 06 Sec.tion 20) a. diAtance 06 688 6ee..t; THENCE No4thVll.y, paIt4Uel.
to the Wut boundo./ty 06 .6a.i.d. .tMc.t a. diA.to.nce 06 148 6ee..t to the Po.in.t 06 Beg,inning
06 thU dUC/Lip.tion; THENCE con.tinue No4thVLty a1.ong the .6o.me COUlL6e. a. diA.to.nce.
06 183 6 ee..t; THENCE ElUtVll.y PIVU1Uel. to the Sou-th boundoJr.y 06 .6a.Ui .tIuI.c;(;, 0.
diA.to.nce. 06 139 6ee..t; THENCE Sou-thVll.y, po./taUel. to the. WuteAn boundoJr.y 06 .6aA.d.
.tIuI.c;(; a. diA.to.nce. 06 183 6ee..t; THENCE wutVLty po./taUel. to the South boundlVly 06
.6aA.d. .tIuI.c;(; 0. diA.to.nce 06 139 6ee..t to the Po,iM 06 Beg,inning. LESS the. Sou-th 60
6ee..t theAe06 and LESS the No4th 163 6ee..ttheAe06.
ANV
Tha..t paM 06 Lot 8 06 the Subdiv,iA,ion 06 Se.c.tion 20, Town.6h.lp 46 Sou-th, Range.
43 ElU.t, P.l.a..t Book 1 Page. 4, be.ing 0. paM 06 the. Sou-th % 06 the. Sou-th % 06 the.
Sou-thwut % 06 the. Sou-the.tJ.4t % 06 Sec.tion 20, Town.6hip 46 Sou-th, Range 43 ElU.t,
Pabn Beach Coun.ty, F.e.olr.i.da., mO.lte. paMiculLvLt.y dUC/Libed IU 60Uoou.:
Comme.nce. a,t the. Sou-thwut COlLneA 06 the Sou-th ~ 06 the. Sou-th ~ 06 the. Sou-thwut
% 06 the. Sou-the.tJ.4t % 06 Se.c.tion 20, Town.6hip 46 Sou-th, Range. 43 ElUt, P..l.a..t Book
1 Page. 4; THENCE .!Lun ElU.tl!/l.e.y a.e.ong the Sou-th bounciaJly 06 .6aA.d. .tIuI.c;(; (.6o.me. be.ing
the. Sou-th .tine. 06 Se.c.tion 20) 0. diAtance. 06 688 6e.e..t; THENCE No4thVLty, po./taUel.
to the. Wut boundoJr.y 06 .6a.Ui .tMc;(; 0. diA.to.nce 06 148 6ee..t to the. Po.i.n.t 06 Be.g,inn.i.ng
06 thU dUC/Llp.tion; THENCE con.tinue. No4thVLty al.ong the. .6o.me. COUlL6e. a. dU..to.nce.
06 183 6e.e..t; THENCE ElUtl!/l.e.y PIVU1Uel. to the. Sou-tl). boundlVly 06 .6a.Ui .tIuI.c;(;, a
diA.tance. 06 139 6ee..t; THENCE Sou-thVll.y, paJLaUel. to the. WuteAn bounciaJly 06 .6aA.d.
.tIuI.c;(; a diA.to.nce. 06 183 6ee..t; THENCE Wutl!/l.l.Lj pallaUel. to the Sou-th bounciaJly 06
.6a.Ui .tIuI.c;(; a. diAtance 06 139' 6ee..t to the Po,iM 06 Beg..i.nning. LESS the'Sou-th 120
6ee..t .theAe06.
.
RESOLUTION NO. 52-89
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land (s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land (s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed wi thin thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained wi thin Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
43
,
Section 1. That assessments in the amount of $1.369.50
One thousand three hundred sixty nine apd 50/100 dollars as shown by
the report of the City Manager of the C1ty of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
of
PASSED AND ADOPTED in regular session on this the 22nd
August , 1989.
day
MAY 0 R
ATTEST:
City Clerk
- 2 -
Res. No. 52-89
~
""
NOTICE OF ASSESSMENT
AUClUst 22, 1989
Date
TO:
Goldman W. and Mattie May Creasman
ADDRESS:
ROnl. Box 362. Andrew~& Nnr~h CArnlinA
?AQnl
PROPERTY:
1116~ Poinsett,;, Drive. n"lr"y R..,,~h 1'1 ~~aaa
LEGAL DESCRIPTION:
West 70 feet of 1,nt r; 'R.l nl'lr n ~l1n,.,y A,......aa
according to Plat Book 1, Page 4 of the official records of Palm Beach County, F1
:
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $1 . ~f".Q ~n by resolution
of the City Commission of the City of De1ray Beach, Florida, dated txC'!Je...:r
- ~~ ,1989, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
x You failed to appeal the deciaion of the Building Official to the
Board of Conatruction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have a1ao failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Conatruction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on The Board of Construction
upheld the decision of the Building Official.
An emergency action was undertaken at the above described
property to remove an unsafe condition, An appeal waa not
received 30 days after the 3ction was taken although you may
still have an appeal right as to the cost of the action.
The City of De1ray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 7_2f"._RQ
at a cost of $1,369.50 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION,
L~; L/-Z cf:1.~ ~H.~
. City Clerk
[ITY DF DELRAY BEA[H
100 NW 1st AVENUE
DELRAY BEACH, FLORIDA 33444
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim city Manager
THROUGH: John W. Elliott, Jr" Assistant city Manager/
Management Services ~
FROM: Ted Glas, Purchasing Director ~~
DATE: August 11, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 22, 1989 - BID AWARD - BID #89-11
SEWER TV INSPECTION SYSTEM
Item Before City Commission:
The City Commission is requested to award contract to only
bidder, Cues, Inc., at a cost of $89,995. Per the Budget
Office, funding is from account #441-5161-536-64.04
(Water & Sewer - capital Outlay - Sewer TV Monitor).
Background:
Bids for this budgeted equipment were received on
August 9, 1989 from one (1) supplier, all in accordance with
city purchasing Procedures. (Bid #89-11. Documentation on
file in the Purchasing Office.) A tabulation of bids is
attached for your review.
Since only one bid was received purchasing contacted
the Florida representative for the other major brand on the
market, Cherne Industries. They stated that they decided
not to bid. If they had bid, their price would have been
approximately $95,000. for their equipment.
Recommendation:
staff recommends
cost of $89,995.
award to the only bidder, Cues, Inc., at
Funding as stated above.
TG/th
Attachments:
Tabulation of Bids
Memorandum from Public Utilities
Equipment Information Sheets
pc Robert Barcinski
William Greenwood
Yvonne Kincaide
Hal Faulkner
THE EFFORT ALWAYS MATTERS
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[ITY DF DELAAY BEA[H
100 N,W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim city Manager
THROUGH: John W. Elliott, Jr., Assistant city Manager/
Management Services
FROM:
~J
Ted Glas, purchasing Director
DATE:
August 10, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING-
AUGUST 22, 1989 - BID AWARD - BID #89-51
ANNUAL CONTRACT FOR SODIUM ALUMINATE
Item Before City Commission:
The City Commission is requested to award annual contract
for sodium aluminate to low bidder, U. S. Aluminate, at a
cost of $.1550 per pound, and a total estimated cost of
$194,131. Per the Budget Office, funding for this chemical
is from, as follows:
FY 88-89 Account #441-5122-536-35.15
(Public Utilities - Water Treatment - Operating Supplies)
FY 89-90 Account #441-5122-536-35.18
(Public utilities - Water Treatment - Chemicals)
Background:
The Public utilities Department has need for an annual
contract on sodium aluminate for use at the Water Treatment
Plant. Bids for this contract were received on May 10, 1989
from three (3) suppliers all in accordance with City
purchasing procedures. (Bid #89-51. Documentation on file
in the Purchasing Office,) A Tabulation of Bids is attached
for your review.
Recommendation:
Staff recommends award to low bidder, U. S. Aluminate, as
the primary supplier at a cost of $.1550 per pound and a
estimated annual cost of $194,131.
In addition, since this is a critical chemical, it is
recommended that the second low bidder, Vinings Industries,
be the back-up supplier in case the primary supplier fails
to make timely deliveries or ships product that is
unacceptable.
Funding from accounts as stated above.
TG/th
Attachments:
Tabulation of Bids
Memorandum from Public Utilities
pc William Greenwood
Yvonne Kincaide
Cal Johnson
THE EFFORT ALWAYS MATTERS
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[Iry DF DELAAY BEA[N
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City Manager
THROUGH: John W. Elliott, Jr" Assistant City Manager/
Management services~
FROM: Ted Glas, Purchasing Director ~~
DATE: August 15, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
AUGUST 22, 1989 - BID AWARD - BID #89-68
MEDIAN CURBING - SOUTH FEDERAL HIGHWAY
Item Before City Commission:
The City Commission is requested to award contract to low
bidder, Burkhart Services, Inc., at a cost of $64,700. Per
the Budget Office, funding is from account
#333-4141-572-61.26 (1987 Utility Tax Construction Fund
South Federal Highway between Linton and C-15 Canal).
Background:
Scope of Work:
As part of the beautification project on South Federal
Highway, the scope of work includes removing mountable curb
and gutter, and installing mechanical extruded curbing
around median islands, and installing concrete separators.
Bids on this project were received on July 12, 1989 from
four (4) contractors, all in accordance with City purchasing
procedures. (Bid #89-68. Documentation on file in the
Purchasing Office.) A Tabulation of Bids is attached for
your review.
Per the City Horticulturist/Special Projects Coordinator,
contracts have been awarded for the landscaping in the
amount of $107,248.00 and irrigation in the amount of
$10,891.00. This leaves a fund balance ofi $79,109.00 which
is in excess of the low bid submitted by Burkhart Services,
Inc. which was in the amount of $64,700.00.
Recommendation:
Staff recommends award to the low bidder, Burkhart services,
Inc. for the total amount of $64,700, per the unit prices
and estimated quantities. Funding as outlined above.
TG/jc
Attachments:
Tabulation of Bids
Engineering's Recommendation
Memorandum from City Horticulturist/
Special Projects Coordinator
pc Frank Spence
Yvonne Kincaide
Gates Castle
Nancy Davila
THE EFFORT ALWAYS MATTERS
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[ITY DF DELRAY BEA[H
100 N,W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
M E M 0 RAN DUM
TO:
Malcolm T. Bird, Interim Clty Manager
FROM:
John W. Elllott, J,.., Assistant Clty Manag~~ ,
Management Services ~. ~'-'
Ted Glas, Purchaslng Dlrector ~~
August 15, 1989
THROUGH:
DATE:
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
AUGUST 22, 1989 - BID AWARD - BID #89-77
REMOVAL OF CITY OWNED STREET LIGHTS
Item Before City Commission:
The City Commission is requested to award contract to low bldder,
C.R. Dunn, Inc., at a cost of $19,268. Per the Budget Offlce,
funding is from account #001-2911-519-60.63 (Engineering
Department - Capital Outlay - Streets and Sidewalks).
Backqround:
Scope of Work:
Remove and dispose of thirty-three (33) City owned street lights
and poles, and three (3) risers in conjunction with the ongoing
installation by Florida Power and Light Company of a new design
lighting system. Locations of lights and poles as listed below:
19 Concrete Poles on east side of Federal Highway from Ave.
"c" to Banyan Tree Village
9 Metal Poles on Linton Blvd. from Dixie Hwy. to Route A-1-A
2 Concrete Poles on south side Linton Blvd. between Dixie
Hwy. and Federal Hwy.
3 Metal Poles on east side of Route A-l-A opposite entrance
to Linton Blvd.
Bids on this project were received on August 2, 1989 from four (4)
contractors, all in accordance with City purchasing procedures.
(Bid #89-77. Documentation on file in the Purchasing Office.) A
tabulation of Bids is attached for your review.
The low bid, submitted by C.R. Dunn, Inc. is irregular because it
is an incomplete bid in that the bid was for only 30 poles. The
contractor also submitted lower prices for removing metal poles
than for removing concrete poles.
THE EFFORT ALWAYS MATTERS
'fL/-D
These irregularities have been reviewed by Assistant City
Attorney, Susan Ruby, and if the City Commission wishes to waive
the irregularities they can approve the bid based on the correct
number of poles.
Recommendation:
Staff recommends award to the low bidder, C.R. Dunn, Inc., for the
total amount of $19,268, per the unit prices and estimated
quantities of 21 concrete poles and l2 metal poles, and waving the
irregularity of contractor adjusting the estimated quantities as
outlined above.
TG/jc
Attachments:
Tabulation of Bids
Engineering's Recommendation
Memorandum from Assistant City Attorney
Detailed Scope of Services
pc Frank Spence
Yvonne Kincaide
Gates Castle
Susan Ruby
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[ITY DF DELAAY BEA[H
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
M E M 0 RAN DUM
TO: Malcom T. Bird, Interim City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manager/
Management Services
FROM:
1/%
Ted Glas, Purchasing Director
DATE: August 14, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
AUGUST 22, 1989 - BID AWARD - BID #89-67
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
City Commission is requested to award contracts
bidders on two (2) rehabilitation projects
$29,773.80. Per the Budget Office, funding
projects is from account #118-1963-554-60.23
Development - Capital - Housing Rehabilitation).
Background:
The Community Development Division handles and
their formal bids on housing rehabilitation,
Purchasing Department review.
purchasing's review of Bid #89-67, finds
compliance with City Purchasing Procedures.
bidders are, as follows:
it
Low
Property
321 S. W. 12th Ave.
513 S. W. 10th St.
Contractor
MJD Construction Services
Tommy Preston
to Low
totaling
for these
(Community
processes
subject to
to be in
responsive
Amount
$16,039.80
13,734.00
Recommendation:
Staff recommends award to two (2) low Didders as stated
above, for a total cost of $29,773.80, with funding from
account #118-1963-554-60.23.
TG/th
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Yvonne Kincaide
Lula Butler
Dorothy Ellington
THE EFFORT ALWAYS MATTERS
-1&.-",
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$'~
407/243.7000
tI tf E.
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MEMORANDUM
TO:
Walter O. Barry, City Manager
( \'i'
Dorothy E1Yihgton , Community Development, Coordinator
FROM:
THRU: Lula Butler, Director Community Improvement
DATE: July 17, 1989
SqBJECT: Community Development Block Grant Program Activities
Housing Rehabilitation Grant Awards.
According to the City of Delray Beach, Community Development
Division's approved Statement of Policies and Procedures, we are
hereby requesting City Council approval of two (2) Housing
Rehabilitation Grant Awards. The grant amount is based on the
actual cost of the rehabilitation as determined by the low
bidder, plus a 5% contingency. The contingency may be used for
change orders. All unused funds will remain with the Housing
Rehabilitation grant program.
Inspection of work will be done by the City's Building and
Inspection Department and the Community Development Division.
Rehabilitation contracts will be awarded to the low bidder.
Cont'racts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specifi.cations and program guidelines.
Pay Request forms will require both contractor and homeowner's
signatures. Grant recipients have met all eligibility
requirements as specified in the approved Policies and
Procedures. The rehabilitation activity will bring the homes to
minimum code requirements by repairing roofs, electric and
plumbing systems and correcting other incipient code violations.
Detailed work write-up and the individual case file is available
for review at the Community Development Division Office. The
Contract Award and Bid Summary sheet are attached for your
reference.
Housing Rehab Grant Awards are requested for the following:
Case*
Address
Grant Amount
87-034HR
88-0011R
321 S. W. 12th Ave.
513 S. W. 10th St.
$16,039.80
$13,734.00
HR2
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
REHABILITATION PROGRAM
BID INFORMATION SHEET
BID #: 89-.,.&L
APPLICANT: PAUL & ELIZA SANDERS
APPLICATION #: 87-034HR
PROJECT ADDRESS: 321 SOUTHWEST 12TH AVENUE, DELRAY BEACH, FL. 33444
DATE OF BID LETTERS: JUNE 15. 1989
DATE OF BID OPENING: JUNE 29. 1989
NAME OF CONTRACTORS AMOUNT OF BID
AVMA CONSTRUCTION ENGINEERS CORP. $
B & JR CONSTRUCTION $16.313.00
DARRYL L. COOK $18.400.00
FEC MANAGEMENT INC. $
FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $
HENRY L. HAYWOOD $,l5.730.00
MJD CONSTRUCTION SERVICES $15.276.00
TOMMY PRESTON $
BERNIE HANUS $
IN - HOUSE ESTIMATE: $16,500.00
CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES
BID/CONTRACT AMOUNT: $ 15,276.00
COMMENTS: LOW BID
RR6
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CITY OF DEL RAY BEACH
COMMUNITY DEVELOPMENT DIVISION
REHABILITATION PROGRAM
BID INFORMATION SHEET
BID #: 89-~
APPLICANT: CARRIE HAMMOND
APPLICATION #: 88-011 HR
PROJECT ADDRESS: 513 SOUTHWEST 10TH STREET. DELRAY BEACH. FL. 33444
DATE OF BID LETTERS: JUNE 15. 1989
DATE OF BID OPENING: JUNE 29. 1989
NAME OF CONTRACTORS AMOUNT OF BID
AVMA CONSTRUCTION ENGINEERS CORP. $
B & JR CONSTRUCTION $18.900.00
DARRYL L. COOK $17.904.00
FEC ~ANAGEMENT INC. $
FIRST CONSTRUCTION OF THE PALM BEACHES, INC. $
HENRY L. HAYWOOD $11 ~?'i nn
MJD CONSTRUCTION SERVICES $13.276.00
TOMMY PRESTON $13.080.00
BERNIE HANUS $
IN - HOUSE ESTIMATE: $ 14,295.00
CONTRACTOR AWARDED CONTRACT:. TOMMY PRESTON
BID/CONTRACT AMOUNT: $ 13,080.00
COMMENTS: LOW BID
RR6
[ITY DF DELAAY BEA[H
100 NW 1st AVENUE
DELRAY BEACH, FLORIDA 33444
M E M 0 RAN DUM
TO: Malcolm T. Bird, Interim City Manager
THROUGH: John W. Elliott, Jr., Assistant City Manager/
Management Services
FROM:
tff
Ted Glas, Purchasing Director
DATE: August 14, 1989
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _
AUGUST 22, 1989 - BID AWARD - BID #89-60
PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards to
the low responsive and responsible bidders, A & P Water &
Sewer Supplies, Southeastern Municipal Supply, and B & H
Sales, at an estimated annual cost of $45,954.65. Per the
Budget Office, funding is from account #441-5123-536-33.33
(Water and Sewer Fund - Water Distribution - Repair and
Upkeep Water Meters).
Background:
The Public Utilities Department has need for an annual
contract on pipe fittings and accessories based on estimated
annual quantities. Bids for this contract were received on
June 28, 1989 from ten (10) area vendors all in accordance
with City purchasing procedures. (Bid # 89-60.
Documentation on file in the Purchasing Office.) A
~abulation of Bids is attached for your review.
Recommendation:
Staff recommends multiple awards
responsible bidders, as outlined
Utilities:
to the low responsive and
in memorandum from Public
Group #1 - A & P Water & Sewer Supplies - $ 1,641.30
Group #2 - Southeastern Municipal Supply - $ 3,761.85
Group #3 - B & H Sales - $27,561.00
Group #4 - Southeastern Municipal Supply - $12,990.50
Total (Estimated) $45,954.65
Funding from account as stated above.
TG/th
Attachments
Tabulation of Bids
Memorandum from Public Utilities
pc Yvonne Kincaide
William Greenwood
Al Monteleone
THE EFFORT ALWAYS MATTERS
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407/243.7000
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MEMORANDUM
TO:
Robert A. Barcinski, Asst. City Manager/Community Services
William H. Greenwood, Director of Public Utilities ~~
THRU:
FROM:
Al Monteleone, Superintendent of Water Distribution
SUBJ:
Bid t89-60
DATE:
.
July 28, 1989
Regarding your inquiries on the above subject.
In Group tl Gate Valves, th~ bids were as follows:
Wolliston Plumbing Inc. $2,280.00, Davis Meter and Supply-
$1,868.50, Sunstate Meter and Supply Inc. - No Bid, Hughes Supply.
Inc. - $1,950.00, US Pipe & Foundry Co. - $1,980.00, Southeastern
Municipal Supply $1,740.00, B & H Sales - $1,830.00, The
Bronson Group - $~025.00, A & P Water ahd Sewer Supplies-
$1,641.30 and Sav-~n Utility Supply Inc. - $2,200.00. A & P
Water and Sewer Suppl~es was recommended because of their low
bid.
In Group '2 - Service Saddles, the reason I did not recom-
mend Davis Meter & Supply was because they said that the prices
were based on a minimum order of $950.00. Which means that every
time I need a 10"X2" Service Saddle, I would have to buy a
minimum of 6 Service Saddle costing $953.76 or wait until I
needed several different size Saddles to make the difference. We
had the same problem last year, when I needed the Fire Hydrants
for the Atlantic Avenue Improvement Project. Davis Meter &
Supply would not sell us the Fire Hydrants needed for just one
project. I had to purchase more Fire Hydrants than I needed,
because of a statement on the bid sheet that said, "We would have
to have a minimum order of 26 Fire Hydrants". I do not think we
should be held to a minimum order.
/
/'
Ii
The reason I recommended that Groups 3 & 4 be given as a
group, is so that we would not have to remember which Supplier
was the lowest price, when we order our fittings we would only
have to deal with just 3 vendors.
I discussed this with Ted Glas, he agreed with my recommen-
dations and requested my memo dated July 21, 1989.
If you need further information, please contact me.
dh~~~
Al Monteleone, Superintendent of Water Distribution
cc: William H. Greenwood, Director of Public Utilities
Larry J. Martin, Deputy Director of Public Utilities
Ted Glas, Purchasing Director
.,
.
,
MEMORANDUM
TO:
Mayor and Commission
~Malcolm Bird, Interim
City Manager
FROM:
SUBJECT: ADDITIONAL/SUPPLEMENTAL AGENDA BACKUP MATERIAL
DATE: August 22, 1989
The attached information is forwarded for your review in conjunction
with tonight's Commission meeting. Supplementary backup material is
provided for agenda items:
22. Community Child Care Waivers. This information relates the
Engineering Departments review of the request to leave bike path
as is instead of putting in a concrete sidewalk.
23. Water
information
and Zoning
agreement.
Service
relates to
Department
Agreement- Delray Senior Living. This
the sketch plan submitted to the Planning
in conjunction with the water service
26. Old School Square Street Auction. This information relates
to the changes recommended by the Planning and Zoning Board.
27. Site
Planning
approval.
Plan Approval Costco. This information relates to the
and Zoning Board recommendation and conditions for
28. Site Plan Approval- McDonald's. This information relates to
the Planning and Zoning Board's recommendation and conditions for
approval.
29. Site Plan Approval- Delray Bay (Crosswinds) Apartment. This
information relates to the Planning and Zoning Board's
recommendation and conditions for approval.
30. Pineapple Grove Way Beautification. This information relates
to the selection of an artist to design a sculpture as part of the
Pineapple Grove beautification project.
MTB:cl
ENGINEERING DEPARTMENT
August 22, 1989
TO:
MALCOLM T. BIRD
INTERIM CITY MANAGER
THRU:
FRANK R. SPENCE
DIRECTOR DEVELOPMENT SERVICES
FROM: )j~c... GATES D. CASTLE, P.E.
CITY ENGINEER
DATE: AUGUST 22, 1989
SUBJECT: COMMUNITY CHILD CARE CENTER
Engineering has re-evaluated the request to leave the
asphalt bike path on NW 6th Avenue rather than remove it and
replace it with a concrete walk as a part of the subject
project. Although concrete is the current standard for
sidewalks, Engineering recommends allowing the existing
asphalt bikepath to remain for the following reasons:
1.
The intent of the sidewalk requirement,
to have an area for pedestrian traffic
from the vehicular traffic, is met.
which is
separate
2.
The condition of the asphalt path doesn't
removal.
warrant
3. Vehicles driving around the existing barricades
would damage an unreinforced concrete sidewalk.
GDC:slg
cc: Dave Kovacs
Kathleen Dearden
22-
PLANNING AND ZONING nEPARTMENT MEMORANDUM
TO: CITY MANAGER
~~~v~
FROM: D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: SUPPLEMENTAL CITY COMMISSION DOCUMENTATION
MEETING OF AUGUST 22, 1989
DELRAY BEACH SENIOR LIVING, INC - WATER SERVICE AGRMT
In addition to the information provided in the previous
documentation, please forward the fOllowing to the City
Commission. The following information has been gleaned from the
sketch plan which has been provided by the applicant's agent. It
came to light when Commissioner Andrews visited our office to
confirm other information about the proposed project.
Re: Height: A comment has been made that only a small
deviation is necessary. However, I do not believe that to be the
case given the information at hand.
The height limitation is 48' except for elevator towers,
antennas, etc. which may extend to 64'. Height is measured to
the midpoint where sloped roofs are involved (i.e. in this case).
It is highly improbable that one could construct a six story
structure with a sloped roof within the 48' limitation.
Re: Density: The agent has based unit count (density) upon the
City's standards for sleeping rooms in an ACLF. The City
measurement for continuing care facilities is the same as for
multiple family units. Using that standard, the density of that
portion of the project which is not the ACLF is in excess of 21
units per acre. This is greater than is allowed in our most
permissive residential zone district of RM-15.
Re: Parkinq: The site plan shows 158 parking spaces for the
non-ACLF portion. Our code requires 1.5 spaces per unit for a
continuing care facility (allowance can be made for some of the
parking to be in stabilized sod). Accordingly, 468 spaces are
required.
Re: ACLF: The ACLF portion of the site plan apparently is in
compliance with our development regulations.
The above cited standards were applied in the City on a
conditional use request for a continuing care facility which was
approved for Crosswinds. Thus, there is a precedent in their
application.
In summary, in addition to violations of our height requirements,
the proposed project also appears to violate our unit count and
parking requirements.
/
c: Frank R. Spence, Director DSG
Herb Thiele, City Attorney
Project File
DJK/#51/A:CCREACLF
c1, _3
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
MALCOLM BIRD, INTERIM CITY MANAGER
CJ~J kou~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: SUPPLEMENTAL CITY COMMISSION DOCUMENTATION
REGULAR MEETING OF AUGUST 22, 1989 - ITEM 26
STREET NAME ASSIGNMENTS
At it's meeting of August 21, 1989, the Planning and Zoning Board
considered this item and forwarded the following recommendation
on a 6-0 vote:
That the list of names, as submitted by Old School Square
Inc., be approved with the fOllowing changes and exceptions:
1. Dr. Carol Krol Street be changed to Dr. Carol Krol Way
2. Fladell's road be changed to Dr. Andre's Way
3. Chiropractic Street not be assigned in that it appears
inappropriate at the requested location.
The Board recommended against "Chirporatic Street" based upon
testimony from a representative of the Wood lake Subdivision into
which the street would enter. A representative of O.S.S. is to
contract the person who has requested "Chiropractic Street" to
see if another name would be acceptable to her. If another name
is provided, the City Commission may act upon it, provided that
it is clear that duplication or confusion (dispatch) will not
occur.
Recommended action:
By motion, approval of the street names
School Square, Inc. with the two Changes
Board but with the rejection of the
"Chiropractic Street".
as requested by
as recommended by
requested name
Old
the
of
~~
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
MALCOLM BIRD, INTERIM CITY MANAGER
()~~j~~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: SUPPLEMENTAL CITY COMMISSION DOCUMENTATION
REGULAR MEETING OF AUGUST 22, 1989 - ITEM 27
SITE PLAN FOR COSTCO
At it's meeting of August 21, 1989, the Planning and Zoning Board
considered this item and forwarded it with a recommendation of
approval, subject to conditions, on a 5-0 (Schneider abstaining)
vote.
There were no changes to the recommended conditions of approval
as contained in the Board's staff report.
In addition to recommending approval of the site plan, the Board
forwarded recommendations to the Board of Adjustment supporting
the granting of variances for:
a) reduction of the loading zone requirement,
b) allowing a meandering sidewalk in the Linton Boulevard
landscape area, and
c) relief from the district boundary requirements along
the south property boundary.
The Board also supported (final action
request for Administrative Relief to
designed as compact car parking spaces.
by the City Commission)
allow 155 spaces to
a
be
Mr. Alan Ciklin, representing the project, informed the Board
that recent discussions with the Engineering Department tend to
indicate that the recently requested improvements to S.W. 4th
Avenue may not be necessary. He continued that if they are
needed, his client would comply. There was agreement among Mr.
Ciklin, Mr. Kovacs, and the Board that the conditions pertaining
to off-site improvements should remain as they are written but
chat they may be revisited when the plat is before the Board.
Recommended action:
By motion, based upon the findings of
Board and subject to concurrence by
relative to needed variances, approval
submission SUbject to the conditions
Planning and Zoning Board.
the
the
of
as
Planning and Zoning
Board of Adjustment
the COSTCO site plan
recommended by the
~7
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: MALCOLM BIRD, INTERIM CITY MANAGER
C0c~L~ }<nVfiC~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: SUPPLEMENTAL CITY COMMISSION DOCUMENTATION
REGULAR MEETING OF AUGUST 22, 1989 - ITEM 28
SITE PLAN FOR MCDONALDS RESTAURANT
At it's meeting of August 21, 1989, the Planning and Zoning Board
considered this item and forwarded it with a recommendation of
approval, subject to conditions, on a 5-1 (Schmidt nay) vote.
There were no changes to the recommended conditions of approval
as contained in the Board's staff report. Mr. Alan Ciklin,
representing the project, informed the Board that progress has
been made on the coordination of public improvements and
acknowledged that his client understood that further progress on
the McDonald's project could not proceed until the replat of
Linton Center, Parcel 1, was approved.
Recommended action:
By motion, approval of the McDonald's
subject to the conditions as recommended
Zoning Board.
site plan submission
by the Planning and
~~
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
MALCOLM BIRD, INTERIM CITY MANAGER
FROM:
Q~j~v~
DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: SUPPLEMENTAL CITY COMMISSION DOCUMENTATION
REGULAR MEETING OF AUGUST 22, 1989 - ITEM 29
SITE PLAN FOR DELRAY BAY (CROSSWINDS) APARTMENTS
At it's meeting of August 21, 1989, the Planning and Zoning Board
considered this item and forwarded it with a recommendation of
approval, subject to conditions, on a 5-1 (Schmidt nay) vote.
There were no changes to the recommended conditions of approval
as contained in the Board's staff report. Mr. Larry Young,
representing the project, sought clarification of sub-item 4
under condition #2. There was consensus that other alternatives
to handling the excess pavement could be achieved and that
whatever is done must be acceptable to the Crosswinds Condo
Association; but the responsibility for the improvements rested
with Radice Corporation.
The focus of the testimony was upon the access issue with Radice
Corporation and the Crosswinds Condominium Association supporting
direct access onto Linton Boulevard. They also provided a letter
of support for that position from Abbey Delray.
Recommended action:
By motion, approval of the Delray Bay
subject to the conditions as recommended
Zoning Board.
site plan submission
by the Planning and
/'.q
,~ /
MEMORANDUM
To:
Malcolm Bird, City Manager
From:
Director ~
BID PROCESS/SCUlPTURE/PINEAPPLE GROVE WAY
Lula Butler, Community Improvements
Re:
Date:
August 21, 1989
BACKGROUND
Several months ago the President of the Pineapple Gr~ve Support Group,
David Gouchenhour, appeared before the Commission to request that the
$40,000 allocated for landscaping Pineapple Grove Way be redirected to allow
the design and installation of sculpture. Mr. Gouchenhour, who is a sculptor
by profession, presented four designs for sculpture that he felt would be
appropriate for the streetscape.
The Commission acknowledged that Pineapple Grove Way was one of the target
areas in the Comprehensive Beautification Plan under the advisement of the
Beautification Task Force and suggested that the two groups meet and return
to the Commission with a recommendation for the beautification of Pineapple
Grove Way. A recommendation has been prepared for the August 22, 1989
Commission meeting. The consensus was that sculpture be integrated with the
landscaping. Beautification Task Force members limited their recommendation
to supporting sculpture, in general. They did not specifically support the
proposed designs.
RECOMMENDATION
Although there do not appear to be any state statues that regulate the
competative bidding of artwork, most established programs for public art
such as the Florida Arts Council, for art in. state bUildings, Metro-Dade
Arts in Public Places and the Palm Beach County Council of Arts have
guidelines for selecting artists and commissioning works of art.
In most cases, a selection committee made up of representatives of the arts
community is appointed. The method of selecting the artist is often
dependent upon the proposed expenditure for the artwork. Projects under
$10,000 are generally handled as a direct selection. An artist may be
selected and asked to submit a proposal. Projects between $10,000 and
$50,000 are invitationals. A minimum of three artists are typically
solicited and asked to make a presentation. Projects over $50,000 are open
competitions and an advertisement is issued.
I am recommending that a Committee be appointed, that the Committee review
artists and works of art on file with the various arts councils
aforementioned, and select and rank at least three artists to make a
presentation to the Commission. This will provide an opportunity for
competition and give the Commission a broader range of work from which to
choose.
30