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10-24-89 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION October 24, 1989 7 P.M. AGENDA Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. . 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda approval. Action: Motion to approve. 5. Approval of Spllcial Meeting October 16, 1989 Regular Meeting minutes of October 10, 1989; and minutes of September 29, 1989, October 3, 1989, and October 18, 1989. 6. Proclamations: A. National Red Ribbon Week- October 22-29, 1989 B. Jewish War Veterans Post No. 266 of the U.S.A. Week and Poppy Drive- November 6-11, 1989. C. Delray Ladies Auxiliary No. 266 of the Jewish War Veterans Week and Poppy Drive- November 6-11, 1989. D. Juvenile Diabetes Week- November 11-19, 1989. E. Call for Election- Bond Referendum Election- November 21, 1989. F. Commending Jeanette Slavin for contributions to the Lake Ida Bike Path Project. 7. Presentation: A. Presentation of proposed consensus statement prepared by the Joint Education Task Force which will be presented to the Palm Beach County School Board on November 1st. PUBLIC HEARINGS 8. ORDINANCE NO. 56-89: An Ordinance amending the Zoning Code to permit Bed and Breakfast Inns as conditional uses in RM (Residential Medium), RM-6 and RM-10 (Residential- Medium to High), RH (Residential High), RO (Residential Office), CBD (Central Business District), and GC (General Commercial) zoning designations. City Manager and Planning and Zoning Board recommend approval. 9. ORDINANCE NO. 66-89: (West Atlantic Avenue No.1) An Ordinance for the annexation of parcels from the northeast corner of West Atlantic Avenue and Military Trail, and south of West Atlantic Avenue between Whatley and Barwick Roads which includes the Barnett Bank; adjacent undeveloped 10 acres, Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto service plaza; and shopping center on the northeast corner of Atlantic and Military Trail (Publix, Zayres, Pharmore, and others). Proposed City zonings are CG (General . Agenda Meeting of 10/24/89 Commercial), POC (Planned Office Center) and ACT (Agricultural Commercial Transitional). City Manager and Planning and Zoning Board recommend approval. 10. ORDINANCE-"NO. 70-89: An Ordinance at 610 North Ocean Boulevard (Ocean Apple Site. The Historic Preservation Board approval. 11. RESOLUTION NO. 78-89: A Resolution transferring the cable television franchise from Sunbelt Denntronics Limited to National Cable Limited. The City Attorney and City Manager recommend approval. designatinq property located Estates) as a Local Historic and City Manager recommend PUBLIC COMMENTS 12. Comments and Inquiries on Non-Agenda Items from the Public. FIRST READINGS 13. ORDINANCE NO. 67-89: (West Atlantic Avenue No.2) An Ordinance for the voluntary annexation of parcels along West Atlantic Avenue which includes the Scotty's Hardware Do-it-Yourself Center, Dunkin Donuts; Taco Bell; Mobil Gas Station; Delray West Plaza, shopping center with two out buildings, a vacant fast food restaurant and Flagler National Bank with proposed zonings of G.C. and S.C. City Manager and Planning and Zoning Board recommend approval. If passed public hearing December 12th. 14. ORDINANCE NO. 68-89: An Ordinance formally adopting the changes made to the DELINT D.R.I. by amending Ordinance 79-84 to reflect approval of the conceptual site plan and Resolution 49-85 to reflect procedures for processing modification or deviations for approved plans or requirements. City Manager and Planning and Zoning Board recommend approval. If passed public hearing November 14th. 15. ORDINANCE NO. 69-89: An Ordinance providing the authority for the debarment and/or suspension of vendors or contractors from doing business with the City; and contains provisions for right of appeal, hearing and reinstatement of vendors or contractor. City Manager recommends approval. If passed public hearing November 14th. 16. ORDINANCE NO. 71-89: An Ordinance for the voluntary annexation of the Holland property located at the southeast corner of Military Trail and Linton Boulevard with initial City zoning of POC (Planned Office Center). City Manager and Planning and Zoning Board recommend approval. If passed public hearing November 28th. 17. ORDINANCE NO. 72-89: An Ordinance rezoning property located at the southeast corner of Lake Ida and Davis Roads (All American Enterprises, Inc.) from POC (Planned Office Center) to SAD (Specialized Activities District). City Manager and Planning and Zoning Board recommend approval. If passed public hearing will be deferred until site and development plan is submitted and reviewed by the Planning and Zoning Board. 18. ORDINANCE NO. 73-89: An Ordinance rezoning property located at the southeast corner of N.E. 8th Street and Palm Trail (Henry's Marina) from GC (General Commercial) to SC (Specialized Commercial). City Manager and Planning and Zoning Board recommend approval. If passed public hearing November 14th. 19. ORDINANCE NO. 74-89: An Ordinance amending the Zoning Code to delete references to maximum floors in the RM-15, RM-10 and RM-6 zone district. City Manager and Planning and Zoning Board (5 to 1 vote) recommend approval. If passed public hearing November 14th. 20. ORDINANCE NO. provide the same multiple family 75-89: setback dwellings An Ordinance amending the Zoning Code to requirements for townhouses as exists for within the specific zoning district. City -2- l Agenda Meeting of 10/24/89 Manager and Planning and Zoning Board recommend approval. If passed public hearing November 14th. REGULAR AGENDA 21. WEST ATLANTIC AVENUE BEAUTIFICATION: Approve design and projected increase in price to landscape the two medians on West Atlantic Avenue, east and west of the Hamlet entrance and authorize staff to proceed forward with project. City Manager recommends approval. 22. APPROVAL OF AGREEMENT RESOLVING SEWER ACCOUNT DISPUTE: Consider approval of an agreement between the City and Mr. Dominic IandiMarino resolving a sewer account dispute relative to the Delray Trailer Park. City Manager and City Attorney recommend approval. 23. APPOINTMENT OF A MEMBER TO THE HUMAN RELATIONS COMMITTEE: Appoint a member to fill the unexpired term of Joseph Valentino ending March 15, 1991. 24. DENIAL OF SETTLEMENT OFFER: Deny Montalban in the amount of $55,000 to harassment and discrimination complaint. Manager recommend denial. 25. REQUEST FOR PAYMENT OF LEGAL FEES: Consider request from former City Manager Walter Barry to pay legal fees in the amount of $1,106.30 for services render in preparation of defense against alleged sexual harassment and discrimination charges. settlement offer from Irene settle an alleged sexual City Attorney and City 26. DESIGNATION OF FUNDING SOURCE: Consider request from City Attorney's office to designate a funding source to pay for outside legal services rendered in conjunction with the Lavers Tennis Center project; acquisition of property for downtown parking garage; and research regarding title action for the central fire station and current tennis center sites. 27. AUTHORIZATION TO REQUEST FUNDING FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATION: Authorize staff to apply for funding from DER in an amount approximating $31,445 to construct water line extensions for three residents in a county pocket and one city resident who have contaminated wells. City Manager recommends approval. 28. CONDITIONAL USE APPROVAL: Batmasian to construct a child side of S.E. 3rd Avenue, between The Planning and Zoning Board recommendation. Consider request from James. H. care center (Eben-Ezer) on the west S.E. 2nd Street and S.E. 3rd Street. (3 to 3 vote) failed to make a 29. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request from Bill Wallace for site and development plan approval for two proposed automobile dealerships to be located on the north side of Linton Boulevard, between Germantown Road and S.W. 10th Avenue, if extended northward. City Manager and Planning and Zoning Board recommend approval. 30. SITE PLAN APPROVAL: Consider request from the Cracchiola Group for site plan approval for a proposed 48,854 square foot office/ warehouse development (Corporate Tech Center) to be located on the east side of South Congress Avenue, between S.W. 29th Street and the L-38 Canal (C-15 Canal). City Manager and Planning and Zoning Board recommend approval. 31. SITE AND DEVELOPMENT PLAN APPROVAL: Consider request from Ocean Crest Joint Venture for site and development plan approval for a proposed 16 unit condominium development (Ocean Crest Condominium) to be located on the east side of State Road A-1-A, south of Linton Boulevard, between Bermuda High South and Casta Del Rey North Condominiums. City Manager and Planning and Zoning Board recommend approval. -3- Agenda Meeting of 10/24/89 CONSENT AGENDA 32. PARKING REQUIREMENTS FOR COMMUNITY FACILITIES IN RESIDENTIAL DEVELOPMENTS: Consider policy revision which would take into account the intended use of a community facility and design of residential development in determining the amount of parking necessary for that facility. Also that there will be no additional parking requirements for expansion of existing facilities so long as existing parking spaces are not diminished. City Manager and Technical Advisory Committee recommend approval. 33. CHANGE ORDER NO.2: This delivery time an additional 48 equipment required to implement are involved in this transaction. Change Order is to increase the days to accommodate the delivery of the fluoride feed system. No funds City Manager recommends approval. 34. RE UEST FOR FINAL PAYMENT: Approve final payment to Youngquist Brothers in the amount of 26,693.00 which includes Change Order No. 1 for the completion of the Delray Beach Golf Course Wellfield Part E. City Manager recommends approval. 35. FINAL PLAT APPROVAL: Consider request from the Radice Corporation for final plat approval for a proposed 222 unit multiple-family dwelling (Delray Bay/Crosswinds) to be located west of Homewood Boulevard, south of Linton Boulevard and north of Germantown Road. City Manager and Planning and Zoning Director recommend approval. 36. DOCK VARIANCES: Consider requests for dock property owner's at 1034 and 1050 Brooks Lane to separate docks up to their common property lines. recommends approval. variances from construct two City Manager 37. DOCK VARIANCE: Consider request for a dock variance from property owner at 315 S.E. 7th Avenue to permit a dock previously constructed to remain as is. City Manager recommends approval. 38. SECOND ANNUAL "HARVEST FEST": Consider request from the Atlantic Avenue Association to hold the "Harvest Fest" celebration at Veteran's Park on November 10 and 11, 1989. City Manager recommends approval. 39. ANNUAL HALLOWEEN SIDEWALK SALE: Consider request from Atlantic Avenue Association to conduct their Halloween Sidewalk Sale on October 27th and 28th on Atlantic Avenue between Swinton Avenue and AlA. City Manager recommends approval. 40. DELRAY ART LEAGUE EXHIBIT: Consider request from the Atlantic Avenue Association to display art work from the Delray Art League on November 24 and 25th on East Atlantic Avenue, along the sidewalk, between 4th and 5th Avenues. City Manager recommends approval. 41. TEMPORARY TENT PERMIT: Consider request from Craig Steinhart, Happy Holiday Christmas Trees, to erect a temporary tent from November 10, 1989 to December 30, 1989 at Lindell Boulevard and Federal Highway for the purpose of selling Christmas trees. City Manager recommends approval. 42. RESOLUTION NO. 79-89: A Resolution requesting that the Florida Congressional Delegation sponsor legislation relative to H.R. 2380, requesting that the United States Postal Service enable Delray Beach to obtain zip codes which conform to its geographic municipal boundaries and requesting the renaming of the Post Office located on Military Trail from the Atlantic Branch to the West Delray Beach Post Post Office. City Manager recommends approval. 43. RESOLUTION NO. 80-89: A Resolution amending the Delint Center Development Order, Resolution 49-85, to reflect Commission acceptance of the conceptu~l site plan and relocation of access to the hotel parcel. This is a companion to Ordinance No. 68-89 above. City -4- Agenda Meeting of 10/24/89 Manager recommends approval. 44. AWARD OF BIDS AND CONTRACTS: A. Allamanda Gardens Infrastructure- Gateway Construction Company in the amount of $238,263 with funding from Community Development Block Grant Land Development (Account No. 118-1964-554-60.00) and 1989 $4.3 Million Utility Tax Note (Account No. 340-1978-554-60.69). B. Radio Telemetry Inc. in the amount Collection (Account And Data Logging System- Data Flow Systems, of $374,920, with funding from Wastewater No. 441-5161-536-64.05). C. Water Treatment Plant Landscaping- Associates Landscaping Inc. in the amount of $12,687 with funding from Water Treatment Repair and Upkeep (Account No. 441-5122-536-33.31). 45. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -5- CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION October 24, 1989 7 P.M. ADDENDUM Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. THE REGULAR AGENDA IS AMENDED TO INCLUDE: 31A. Consider a six month extension of contract with Langton and Associates for grants administration services. M E M 0 RAN DUM TO: Malcolm Bird Interim City Manager FROM: I7\\David M. Huddleston ~Director of Finance SUBJECT: Langton Associates-Future Association DATE: August 31, 1989 The original intent of hiring Langton Associates was to afford the City an opportunity to benefit from the funding and grants experience of such a firm while our in-house person could familiarize himself with our system and its needs. To this end I believe we have met our objectives. Langton has completed a needs assessment and has submitted (with staff assistance) a proposal to the State Emergency Medical Services for a matching grant of $65,000 for two(2) rescue vehicles. Mr. Randolph, our internal Grants Administrator, started with the City on May 1, 1989, and has made excellent progress and is actively involved in a variety of projects which could prove to be financially beneficial to the City. In view of the above situation and our rather tenuous budgetary situation for fiscal year 1989-90 I feel it would be appropriate to not extend or renegotiate our current contractual agreement with Langton Associates. Their present contract ends on October 1, 1989. I would concur with Ms. Butler that our in-house person is more than capable of conducting the City's grants needs program. In the relatively short period Mr. Randolph has been with the City, he has taken the initiative in determining the current and future needs of each department and has located specific funding sources for review and considera,ion. He has developed an excellent rapport with the Department Heads and other staff members. He is analytical in his approach and supportive in his presentation. Through both verbal and written communication he has established himself as the City's resource person for outside funding alternatives. Mr. Randolph has developed a Grants Reference Library (Attachment #1) which he updates on a monthly basis and sends to each Department Head for review. Mr. Randolph has not limited himself to researching only the more typical sources of funding. As requests come in from the staff (Attachment #2) he is being creative in seeking funding alternatives. His research includes investigating local foundation and Corporate support. . Mr. Malcolm Bird August 31, 1989 Page Two Currently he is involved in discussions with various financial institutions to provide low interest rate packages to assist low income families to secure mortgages for our Community Development Programs (Allamanda Gardens). Attachment #3 is a spreadsheet which is updated monthly to provide an overview of project activity. In addition to seeking new funding sources, Mr. Randolph has devised a Grant Description Sheet (Attachment #4) which can be used with the City's existing grants to provide an easy reference for staff to review key areas such as compliance and reporting requirements of ~he source organization. This document will also allow the Grants Administrator to keep track of project activity and assist in the monitoring and/or writing of reports. Mr. Randolph is currently involved transferring existing grant information onto these sheets. I have taken this opportunity to provide an overview of our grants program. I feel that our in-house staff person has made excellent progress and am confident in his ability to work with and for the City in finding alternatives funding which will prove crucial in our future plans. 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V> " g < '" ;~ ~~ "'''' '-'0 g ",,. <... :513 "'0 "'u "" ~:i ....'" z o .... ... - u ::l 1: ~ '" 0,. "'.... !;13 <0 u '" ...'" v>u :i;J '" o ::l3 0< v>"' ., f J I, .:.:.:......:;~+n'~__.. ;~ ATTACHMENT 112 DEPARTMENTAL GRANT FUNDING REQUEST FORM Please fill out Section 1 and route to Grants Administrator(Finance Dept.) Only one request per form. SECTION 1 DEPARTMENT MAKING REQUEST: DEPARTMENT CONTACT: DEPARTMENT HEAD AUTHORIZATION: DATE: PHONE: FUNDING NEEDED FOR: (DESCRIBE FULLY) f. . AMOUNT REQUESTED: PERCENT OF TOTAL PROJECT BUDGET: GRANT MONIES USED FOR THIS IN PAST? YES NO UNCERTAIN. -- (IF YES)-PLEASE IDENTIFY: FUNDING SOURCE: GRANT AGENCY CONTACT PERSON: AMOUNT OF FUNDING: % PHONE: END DATE OF GRANT: SECTION 2 GRANTS ADMINISTRATOR WILL COMPLETE . 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'-,= -' ;!;:......<3 e:.e Q g:,~~ ::It;;,..... =::.z: i5 ......z a:: o ~ ::aHiJ ::-'iO:: ~ ~ ~ ~ ~ ~ ~ ~ ..,....:z:: " ~ ~ ~ ~ ~ o i:5 - u '" ~ - ~~ ~~ > ~ ;1 W 0 ~<3 ~ ~ ~ . -- '.0 zO ~i ~~ ~~ _ 0 z_ ~~ ~ - t~ t~ ::z u ~ o z - t ~ ~ - ~ " ~ o o Z ~ z i: , C' 3 _ ~ .- ~ - , ~ . t ~ ~ o~ ~ ~ . u o - U ~ - ~ . U ~ "> ~~ ~~ :.z:~ ;~ fE~ ~ ;~ '"';~ ~8 B~ ~~ z ~ ~ ~ ~o 0," ~ ~~ ~~ ~u ~~ ~ o ~ :5 c. o o ~ ,~, ~ o ~ ~ ~ u ~ o ~ Z % ~ t I ~ u ~ , ATTACHMENT 114 GRANT DESCRIPTION SHEET GRANT TITLE: GRANT NUMBER: FEDERAL NUMBER: START DATE: END DATE: (FR)FUNDING SOURCE: AMOUNT FEDERAL: STATE: CITY: OTHER: TOTAL: PROJECT BUDGET %0 BUI CONTACT PERSON: PHONE: SUN (TO) DEPARTMENT: CONTACT PERSON: DIVISION: PHONE: CONTACT PERSON: PHONE: DESCRIPTION OF USE: REQUIREMENTS: (COMPLIANCE/REPORTING TIMES ETC.) OTHER: STATUS: OPEN _CLOSED OTHER FIN.06, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF OCTOBER 24, 1989 DATE: October 20, 1989 PUBLIC HEARINGS Item No. 8 (Ordinance No. 56-89). This is a Second Reading of an Ordinance amending the Zoning Code to permit Bed and Breakfast Inns as conditional uses in the Old School Square Historic District with the following zoning designations: RM (Residential Medium), RM-6 and RM-10 (Residential- Medium to High), RH (Residential High), RO (Residential Office), CBD (Central Business District), and GC (General Commercial). This Ordinance has been revised to reflect direction given at your October 3rd workshop meeting and includes provisions restrioting meals and number of restroom facilities; allowing use of existing structures which have been restored to Historic architectural standards; deleting the reference to signing and requiring the property owner to live on the premises. Notice of consideration was provided to the Historic Preservation Board, Beach Property Owners Association and other interested parties. An analysis of the ordinance compared to board concerns is attached as backup material for this item. The Planning and Zoning Board at approval. A detailed staff report Manager's Office. it's August 21st meeting recommended is available for review in the City Recommend approval of Ordinance No. 56-89. Item No. 9 (Ordinance No. 66-89- West Atlantic Avenue No.1). This is a Second Reading of an Ordinance for the annexation of parcels along West Atlantic Avenue which includes the Barnett Bank; adjacent undeveloped 10 acres; Medical/Office complex north of Barnett Bank; Goodyear Tire and Auto service plaza; and shopping center on the northeast corner of Atlantic and Military Trail (Publix, Zayres, Pharmore and others). Proposed City zonings are CG (General Commercial), POC (Planned Office Center) and ACT (Agricultural Commercial Transitional). This 56.41 acre area is comprised of 16 parcels lying north and south of Atlantic Avenue between Military Trail and Barwick Road. All of the areas proposed for annexation are covered by water service agreements except for a .33 acre parcel in front of the Barnett Bank (Helen's Nursery). A voluntary annexation petition was submitted by the owner of this property. The entire area proposed for annexation is commercial in nature, so no additional population will be added to the City. For the most part, proposed zoning corresponds to existing land use plans; however some property will become nonconforming and some property will be down-zoned in order to conform with the proposed Future Land Use Map. The Planning and recommended approval available for review Zoning Board at it's September 18th meeting of the annexation. A detailed staff report is in the City Manager's Office. Recommend approval of Ordinance No. 66-89. Item No. 10 (Ordinance No. 70-89). This is a Second Reading of, an Ordinance designating property located at 610 North Ocean Boulevard (Ocean Apple Estates) as a Local Historic Site. The owner of this property has requested that this property be designated as a Local AGENDA REPORT Meeting of 10/24/89 Historic Site... The combined property is 2.5 acres both landward and seaward on AlA. It is improved with a two bedroom Cape Code bungalow style beach cottage, garage, swimming pool and three guest cottages. The house is historically significant in that it was initially owned by Fontaine Fox, a world-famous cartoonist and was designed by Florida architect John Volk. The Historic Preservation Board at its September 15th meeting accepted the nomination report and at a Special Board meeting on September 20th recommended approval with conditions. In addition the Ordinance contains a sunset provision which stipulates that the ordinance shall expire if three specific variances are not approved by the Historic Preservation Board within 60 days of the effective date. A detailed staff report is attached as backup for this item. Recommend approval of Ordinance No. 70-89. Item No. 11 Resolution No. 78-89. A Resolution transferring the cable television franchise from Sunbelt Denntronics Limited (also known as National Cable Communications) to National Cable Limited. National Cable Limited is a newly formed Florida limited partnership that will be acquiring 100% of the assets of Sunbelt. In order to complete the acquisition, the franchise must be transferred to the Partnership. On September 19, 1989 the Palm Beach County Board of Commissioners approved the transfer of Sunbelt's franchise to the Partnership. The individuals owning and operating Sunbelt will remain the same, as will the level of service. While our ordinances do not specifically require a public hearing, the City Attorney's office is recommending this precaution be taken, thus avoiding future problems. Recommend approval of Resolution television franchise from Sunbelt Cable Limited. No. 78-89 transferrinq the cable Denntronics Limited to National FIRST READINGS Item No. 13 (Ordinance No. 67-89- West Atlantic Avenue NO.2). This is a First Reading of an Ordinance for the voluntary annexation of parcels along West Atlantic Avenue which includes the Scotty's Hardware Do-it-Yourself Center, Dunkin Donuts; Taco Bell; Mobil Gas Station; Delray West Plaza, shopping center with two out buildings, a vacant fast food restaurant and Flagler National Bank with proposed zonings of G.C. and S.C. This is a 16.93 acre area comprised of six parcels lying south of Atlantic Avenue, east of Military Trail and west of Whatley Road. Each of the properties proposed for annexation are covered by water service agreements, the Taco Bell property is covered in the water service agreement with Scotty's. The entire area proposed for annexation is commercial in nature, so no additional population will be added to the City. Staff recommends that second reading of this Ordinance be delayed until after December 1st at which time the enacting ordinance for the annexation of West Atlantic Avenue No. 1 will be effective, thus making this property contiguous. The Planning and Zoning Board at it's October 16th meeting recommended approval. A detailed staff report is available for review in the City Manager's Office. Recommend approval of Ordinance 67-89. Item No. 14 (Ordinance No. 68-89) This is a First Reading of an Ordinance formally adopting the changes made to the DELINT D.R.I. At your December 13, 1988 meeting, the Commission formally approved - 2 - AGENDA REPORT Meeting of 10/24/89 modification to' the Waterford Place (formerly Delint Center) DRI including adoption of a conceptual site plan in lieu of the effective specific site plan. This approval should have included an amendment of Ordinance 79-84 and Resolution 49-85. The two modifications which the Commission approved are: A. Replacement of the current site specific plans with a conceptual site plan, and; B. Relocation of the access to the hotel parcel as requested by the City. The Planning and Zoning Board unanimously recommended approval DRI. A detailed staff report is at its of the attached November 21, 1988 meeting modification to the approved as backup for this item. Recommend approval of Ordinance 68-89. Item No. 15 (Ordinance No. 69-89) This is a First Reading of an .. Ordinance -providing-the authority for the debarment and/or suspension of vendors or contractors from doing business with the City; and contains provisions for right of appeal, hearing and reinstatement of vendors or contractor. The debarment would be for a period not to exceed three (3) years. Causes for debarment include criminal convictions such as bid rigging, embezzlement, theft, and violation of bond or contract provisions. Recommend approval of Ordinance No. 69-89. Item No. 16 (Ordinance No. 71-89) This is a First Reading of an Ordinance for the voluntary annexation of the Holland property located at the southeast corner of Military Trail and Linton Boulevard with initial City zoning of POC (Planned Office Center). The property proposed for annexation is a 10.4 acre parcel lying south of Linton Boulevard, east of Military Trail and west of Germantown Road. The entire area is agricultural in nature and is comprised of a nursery, single family residence, a few mobile home sites, and a stable for live stock. Annexation will not cause the creation of an additional enclave(s). Although the proposed zoning of POC is not compatible with the existing County AR (Agricultural Residential) zoning to the east (Bloods Grove), future development on the two properties is assured through compatibility of the land use designations and the City's site and development regulations. The Planning and Zoning Board at it's October 16th meeting recommended approval. A detailed staff report is available for review in the City Manager's office. Recommend approval of Ordinance No. 71-89. Item No. 17 (Ordinance No. 72-89) This is a First Reading of an Ordinance rezoning property (All American Enterprises, Inc.) located at the southeast corner of Lake Ida and Davis Roads from POC (Planned Office Center) to SAD (Specialized Activities District). The site under consideration is a 1.97 acre area improved with two structures. The structures contain approximately 18,232 square feet of space and are occupied by a convenience store, pharmacy and medical office. All American Enterprises, Inc. is proposing to lease portions of the building to tenants consistent with the uses permitted in the proposed SAD ordinance for this property. Additionally, the applicant is requesting that 57 uses be allowed under SAD at this site. Of the 57 requested uses, only eight are not allowed under the POC, LC, or NC - 3 - AGENDA REPORT Meeting of 10/24/89 zoning designations. The property can be used under existing zoning, however, the applicant claims that the use of the property under current zoning is not economically viable. The Planning and Zoning Board at it's October 16th meeting recommended modification of the list of uses to delete equipment rental, furniture and appliance sales and repair, child care and auto supply sales. In addition they recommended that a site and development plan be received and reviewed prior to second reading of this Ordinance. A detailed staff report is available for review in the City Manager's office. Recommend approval of Ordinance No. 72-89 and defer second readinq until site and development plan is reviewed by the Planninq and Zoninq Board. Item No. 18 (Ordinance No. 73-89) This is a First Reading of an Ordinance rezoning property (Henry's Marina) located at the southeast corner of N.E. 8th Street and Palm ~rail from GC (General Commercial) to SC (Specialized Commercial). Charles Hill is proposing to add boat sales and detailing to the marina, in addition to boat storage and service already existing at this site. The request for conditional use approval for boat sales and detailing will be addressed following second reading of .the rezoning action. The Planning and Zoning Board at it's October 16th meeting recommended approval. A detailed staff report is available for review in the City Manager's office. Recommend approval of Ordinance No. 73-89. No. 74-89) This is a First Reading of an Zoning Code to delete references to maximum RM-10 and RM-6 zone district. During the height regulations several sections were corrects those sections. 19 (Ordinance amending the the RM-15, of the This action Item No. Ordinance floors in formulation overlooked. The Planning and Zoning Board at it's October 16th meeting recommended approval on a 5-1 vote, Coopersmith dissenting. Recommend approval of Ordinance No. 74-89. Item No. 20 (Ordinance No. 75-89) This is a First Reading of an Ordinance amending the Zoning Code to provide the same setback requirements for townhouses as exists for multiple family dwellings within the specific zoning district. This item involves the correction of apparent conflicts between the setback requirements in base zone districts and the special regulations for townhomes. Under the current code provisions, a building under condominium ownership and an identical structure under fee ownership may have different setbacks in some circumstances. The basis for different setbacks should be based upon physical aspects of the structure and not the method of ownership, thus corrective action is appropriate. The Planning and Zoning Board at it's October 16th meeting recommended approval. Recommend approval of Ordinance No. 75-89. REGULAR AGENDA Item No. 21 West Atlantic Avenue Beautification. At your July 18th workshop meeting, the Commission authorized staff to proceed with the development of plans for the irrigation and landscaping of two medians on West Atlantic Avenue, east and west of the Hamlet entrance. - 4 - AGENDA REPORT Meeting of 10/24/89 The initial es~imate for this project was appro~imately $18,500, now that we have the actual drawings, the cost estimate for this project has been revised accordingly. The new estimated cost for the project is $23,000. The Hamlet has agreed to allow us to tie in to their irrigation lines. They have also contributed $2,000 toward the project. Originally, funding in the amount of $232,000 was designated for West Atlantic Avenue Beautification projects, subsequently, those funds were set aside t~ pay for any shortfalls in the East Atlantic Avenue Phase II Project. That project has come in under budget therefore, staff is requesting approval to fund this project from those funds. Recommend approval of West Atlantie Avenue Atlantic Avenue Phase plan for irriqation and landscapinq of median on and transferrinq of unused funds from East II project. Item No. 22 Approval of Agreement Resolving Sewer Account Dispute. This is an agreement between the City and Mr. Dominic IandiMarino which will resolve a sewer account dispute. Delray Trailer Park has received sewer services from the City since 1982. The owner has disputed the City's calculation of charges for sewer services. The proposed agreement requires Mr. IandiMarino to pay $12,971.92 to the City within five days of Commission approval. This sum represents the negotiated amount of past due bills from 1982 to September 30, 1989 and reflects the reduced occupancy rate of 65%. Under the original formula Mr. IandiMarino was billed approximately $29,936.08. We will continue to bill Mr. IandiMarino at the 65% occupancy rate until a new rate study is completed in 1990. Recommend approval of aqreement between the City and Mr. IandiMarino. Item No. 23 Appointment of a Member to the Human Relations Committee. This vacancy was created by the resignation of Joseph Valentino from the Board. This item is before you to appoint a member to fill his unexpired term ending March 15, 1991. The appointments to this Board are made by seat number and therefore the nomination belongs to Commissioner Weatherspoon. Applications for consideration of board appointment were forwarded separately. Recommend appointment of a member to the Human Relations Committee to a term endinq March 15, 1991. Item No. 24 Denial of Settlement Offer. We have received another offer to settle from Irene Montalban in the amount of $55,000. This is the second offer to settle an alleged sexual harassment and discrimination complaint. The City Attorney's office maintains the position that because of the Commission's action terminating the former City Manager, there is no great likelihood that the City will be held liable for any sexual harassment claim. Based upon their position and because the other allegations are not sufficient in fact, the City Attorney's office is recommending denial of settlement action. Recommend denial of settlement offer amount of $55,000 to settle an discrimination complaint. Item No. 25 Request for Payment of Legal Fees. Former City Manager Walter Barry has submitted invoices for payment of legal fees in the amount of $1,106.30 associated with the preparation of defense against alleged sexual harassment and discrimination charges. While the City ordinances and Charter provide for the retention and payment of attorney's fees, including outside counsel fees, necessary for the defense of current or former employees, no formal allegations or from Irene Montalban in alleqed sexual harassment the aM - 5 - AGENDA REPORT Meeting of 10/24/89 charges have been levied against Mr. Barry at this time. As this is a precedence setting request, Commission direction is requested. Recommend Commission direction reqardinq request for payment of leqal fees from Walter Barry. Item No. 26 Designation of Funding Source. The City Attorney's office is requesting that the Commission designate a funding source to pay for outside legal services in conjunction with the Lavers Tennis Center project; acquisition of property for downtown parking garage; and research regarding title action for the central fire station and current tennis center sites. While funding for these services are normally budgeted for in the City Attorney's budget, these are special projects that are anticipated to exceed funding set aside for outside legal services. The Budget Director has reviewed this request and is recommending that the 1988-89 Uncommitted/Surplus Construction Fund (Account No. 334-6511-581-90.11- prior year) be considered as an alternate funding source. Recommend consideration of Uncommitted/Surplus Construction expenses. desiqnatinq funds from the 1988-89 fund to defray excess outside leqal Item No. 27 Authorization to Request Funding from The Department of Environmental Regulation. Four property owners (3 residences are in the county- County Club Acres and 1 residence is in the city- N.E. 8th Avenue) have private wells which are contaminated. DER, Bureau of Waste Cleanup has a grant program which will pay the cost of line extensions, meters, and capacity charges up .to $10,000 per residence. This project will require a major line extension and the costs for installation exceeds those provided for in the grant by approximately $8,912. It is specified in the grant agreement that the City will not pass on these excess charges to the customer. Those residences located in the county pocket will be required to execute a standard water service agreement. Additionally, the water line extension will run past approximately 59 lots. It is anticipated that in future all of those homeowners will hookup, thus the City will recover it's initial investment extended to install the water line. Recommendastaff be authorized to a 1 for fundin amount a roximatin 31 445 with the Cit contributin 8,912 from Water and Sewer Distribution Systems 441-5161-536-60.68). from DER in an a roximatel (Account No. Item No. 28 Conditional Use Approval. James H. Batmasian has requested conditional use approval to construct a one story 4,638 square foot child care center (Eben-Ezer) and a 5,893 play area on the west side of S.E. 3rd Avenue, between S.E. 2nd Street and S.E. 3rd Street. This request involves use only, site and development plans have not been finalized pending the results of this action. The Planning and Zoning Board at it's October 16th meeting held a public hearing. No one spoke in opposition, however there was one letter received. The Board failed to make a recommendation in that the motion for denial failed on a 3-3 vote. The basis for the recommendation for denial was that the use was not compatible with the SC (Specialized Commercial) zoning to the west. However since the proposed structure has both height and elevations which are residential in character, it is compatible with the residential uses to the south and east. Recommend consideration of conditional use request for Eben-Ezer Day care. - 6 - AGENDA REPORT Meeting of 10/24/89 Item No. 29 Site and Development Plan Approval. Bill Wallace is requesting site and development plan approval for redevelopment of the existing Subaru and Nissan automobile dealerships located on the north side of Linton Boulevard, between Germantown Road and S.W. 10th Avenue, if extended northward. The development will be constructed in two phases, Phase I will include two free standing dealerships (29,845 square feet and 24,288 square feet). One dealership will be located on the northwest corner of Linton Boulevard and S.W. 10th Avenue, with the other dealership being located immediately north of the existing Nissan dealership. Phase 1 development will also include 85 feet of frontage on both Linton Boulevard and Germantown Road. The Community Appearance Board at it's October 11th meeting and the Planning and Zoning Board at it's October 16th meeting recommended approval subject to conditions. A detailed staff report is available for review in the City Manager's office. Recommend a roval of site and develo ment lan for Wallace Automobile dealerships subject to the conditions speci ied by the Community Appearance and Planninq and Zoninq Boards. Item No. 30 Site Plan Approval. The Cracchiola Group is requesting site plan approval for a proposed 48,854 square foot office/ warehouse development (Corporate Tech Center) to be located on the east side of South Congress Avenue, between S.W. 29th Street and the L-38 Canal (C-15 Canal). The proposed development consists of construction of two (2) single story office/warehouse and manufacturing buildings containing a total floor area of 48,854 square feet. The development will occupy Lot 2 of the Corporate Tech Center Plat No.2. The proposal also includes a request for administrative relief to provide approximately 22 or 17% of the required parking as compact spaces. The Community Appearance Board at it's October 11th meeting and the Planning and Zoning Board at it's October 16th meeting recommended approval subject to conditions. A detailed staff report is available for review in the City Manager's office. Recommend approval of site plan and administrative relief request for the Corporate Tech Center subject to the conditions specified by the Community Appearance and Planninq and Zoninq Boards. Item No. 31 Site and Development Plan Approval. Ocean Crest Joint- Venture is requesting site and development plan approval for a proposed 16 unit condominium development to be located on the east side of State Road A-1-A, south of Linton Boulevard, between Bermuda High South and Casta Del Rey North Condominiums. The development proposal is to construct 16 luxury two story condominiums on two acres of land which will accent the existing topography which fluctuates from 8 to 20 feet above sea level. In addition, improvements are being made to the existing clubhouse. Previous legal actions have provided certain rights and obligations with respect to use of the clubhouse, access to it, and parking. The parking element is currently under legal review regarding the exclusive parking for the clubhouse being counted toward satisfying the guest parking requirements, thus allowing the use of compact spaces to accommodate the remainder of the parking requirement. If a challenge is made and the Commission accepts it, it will be necessary to redesign the project to provide an additional parking space thus eliminating one dwelling unit. Additionally, there is also a request to waive the sidewalk installation requirement along AlA. - 7 - AGENDA REPORT Meeting of 10/24/89 The Planning and Zoning Board at it's October 16th meeting recommended approval subject to conditions. Recommend a roval of site and develo ment . lan and waiver of sidewalk installation requirement for Ocean Crest Joint Venture SUbject to the conditions specified by the Planninq and Zoninq Board. CONSENT AGENDA Item No. 32 Parking Requirements for Community Facilities in Residential Developments. This subject has appeared before the Commission previously as requests for administrative relief of parking requirements for individual clubhouse facilities. This most common request relates to expansion of an existing clubhouse to provide better facilities. Generally the expansion is not associated with increased use or clientele, but because the floor area is increased, the administrative relief process must be followed. Staff is proposing to revise the policy to include that at site and development plan review, the parking 'requirements for community facilities be established and reflected on the approved site plan. The amount of required parking shall take into account the intended use of the facility and the design of the residential development. Additionally, for existing developments which precede the date of this policy and for amendments to approved site plans, additional parking shall not be required provided that the existing parking is not diminished. The Technical Advisory Committee at it's O~tober 11, 1989 recommended approval. Recommend a roval of uirements for Community Facilities Item No. 33 Change Order No.2. This Change Order is to increase the construction time for the fluoride feed pump system, an additional 48 days. This pumping equipment is not kept in normal inventory and a delay has been experienced pending delivery from the manufacturer. It is estimated that the pumps will be delivered on October 20, 1989. All of the necessary piping has been completed for installation of the pumps once they are delivered. No funds are involved in this transaction. Recommend approval of Chanqe Order No.2. Item No. 34 Request for Final Payment. Youngquist Brothers is requesting final payment in the amount of $26,693.00 which includes Change Order No. 1 for the completion of the Delray Beach Golf Course Wellfield Part E. A final inspection of the site by City staff was completed in July and found to be satisfactory. The Consulting Engineer completed inspection of the wellfield site on September 22nd and has recommended final payment. Recommend a roval of final a ment to amount of 26 693 with fundin from Water Main (Account No. 441-5163-536-60.71). Youn uist Brothers in the and Sewer 7 Wells Raw Water Item No. 35 Final Plat Approval. The Radice Corporation is requesting final plat approval for a proposed 222 unit multiple-family dwelling (Delray Bay/ Crosswinds) to be located west of Homewood Boulevard, south of Linton Boulevard and north of Germantown Road. This project was recently before the Commission for site plan approval. Submission of a final plat was one of the conditions affixed to the site plan approval. Normally, all permits required for final plat approval must be in place prior to Commission approval, - 8 - AGENDA REPORT Meeting of 10/24/89 however because of the unusual circumstance surrounding this case accelerated action is appropriate. Staff is recommending however, that no signatures be affixed to the plat until such time as permits from HRS for water and sewer and from the County for improvements to Germantown Road are in-hand. The Planning and Zoning Board at it's October approval of final plat subject to conditions. is available for review in the City Manager's 16th meeting recommended A detailed staff report office. Recommend approval of final plat for Delray Bay (Crosswinds) sub;ect to conditions specified by the Planninq and Zoninq Board and withhold siqnatures pendinq receipt of permits from the County and HRS. Item No. 36 Dock Variances. We received a combined request from two property owners at 1034 and 1050 Brooks Lane to construct two separate docks up to their common property lines. This action requires variances on both docks since the City Code requires a minimum 10 foot setback from adjacent property lines. The City Engineer recommends approval as the affected property owners are both requesting variances. Recommend approval of requests for variances at 1034 and 1050 Brooks Lane. Item No. 37 Dock Variance. We received a request from property owner at 315 S.E. 7th Avenue to permit a previously constructed dock to remain as is. The dock currently extends 15 feet into the Intracoastal, which is 10 feet further tha~ allowed by City Code. The City Engineer recommends approval of the variance since it would be impossible to construct a usable dock at this location. Recommend approval of dock variance for property owner 315 S.E. 7th Avenue. Item No. 38 "Harvest Fest". The Chamber of Commerce is requesting Commission assistance in planning the Harvest Fest scheduled for Friday and Saturday, November 10 and 11, 1989. This year the State Department of Agriculture has offered to come to Delray for Harvest Fest and to kick off "National Farm City Week". They are requesting the approval of the following items: 1. Use of Veterans' Park on Friday, November 10th between 9 a.m. and 5 p.m. and the use of the Parks and Recreation stage. 2. Use of Veterans' Park to hold a "Billy Bowman" Barbecue. 3. Use of Veterans' Park to hold a blue grass concert between noon and 3 p.m. on Friday. 4. Use of Veterans' Park to set machinery, hang sponsor banners, of hay for seating. up several large pieces of farm set up a cow display and bales Recommend approval of the "Harvest Fest" event to be held on November 10th and 11th. Item No. 39 Annual Halloween Sidewalk Sale. The Atlantic Avenue Association is requesting permission to conduct their Halloween Sidewalk Sale on October 27th and 28th on Atlantic Avenue between Swinton Avenue and AlA. No City services are needed. Recommend approval of the request from the Atlantic Avenue Association to hold a sidewalk sale on October 27th and 28th. - 9 - AGENDA REPORT Meeting of 10/24/89 Item No. Association Delray Art between 4th 40 Delray Art League Exhibit.. Tne Atlantic Avenue is requesting permission to display art work from the League on November 24th and 25th on East Atlantic Avenue and 5th Avenues. No City services are needed. Recommend a roval of re uest from the Atlantic Avenue Association to hold a Delray Art Leaque Exhibit on November 24th an 25th. Item No. 41 Temporary Tent Permit. Craig Steinhart, Happy Holiday Christmas Trees," is requesting a permit to erect a temporary tent from November 10, 1989 to December 30, 1989 at Lindell Boulevard and Federal Highway for the purpose of selling Christmas trees. Recommend approval of temporary tent permit for Happy Holiday Christmas Trees from November 10th throuqh December 30th. Item No. 42 Resolution No. 79-89. A Resolution requesting that the Florida Congressional Delegation sponsor legislation relative to H.R. 2380 requesting the United States Postal Service enable Delray"Beach to obtain zip codes which conform to its geographic municipal boundaries and requesting the renaming of the Post Office located on Military Trail from the Atlantic Branch to the West Delray Beach Post Office. Recommend approval of Resolution No. 79-89. Item No. 43 Resolution No. 80-89: A Resolution amending the Delint Development Order, Resolution 49-85, to reflect Commission acceptance of the conceptual site plan and relocation of access to the hotel parcel. This is a companion to Ordinance 68-89 above. Recommend approval of Resolution No. 80-89 Item No. 44 Award of Bids and Contracts: A. Allamanda Gardens Infrastructure- Gateway Construction Company in the amount of $238,263 with funding from Community Development Block Grant Land Development (Account No. 118-1964-554-60.00) and 1989 $4.3 Million Utility Tax Note (Account 340-1978-554-60.69). B. Radio Telemetry Inc. in the amount Collection (Account And Data Logging System- Data Flow Systems, of $374,920, with funding from Wastewater No. 441-5161-536-64.05). C. Water Treatment Plant Landscaping- Associates Landscaping Inc. in the amount of $12,687 with funding from Water Treatment Repair and Upkeep (Account No. 441-5122-536-33.31). Item No. 45 Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager - 10 - CITY DF DELRAY BEA[H 100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7QOQ WHEREAS, drug abuse in Florida has reached epidemic stages, and the 15-24 year old age group is dying at a faster rate than any other age group; and, WHEREAS, it is imperative that a united effort of community members be launched to reduce the demand for drugs; and, WHEREAS, the National Federation of Parents for Drug Free Youth and the State of Florida are sponsoring the National Red Ribbon Campaign offering citizens the opportunity to demon- strate their commitment to drug free lifestyles; and, WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Week"; and, WHEREAS, President George Bush and Mrs. Bush are the National Honorary Chairmen, and Governor and Mrs. Martinez of the State of Florida are the State Honorary Chairmen to provide this community focus on a Drug Free America; and, WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, youth, physicians, senior citizens, military, sports teams and individuals will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying red ribbons during this week-long campaign; and, ' WHEREAS, the community of Delray Beach further commits its resources to ensure the success of the Red Ribbon Campaign; NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby support the Red Ribbon Cam- paign, and proclaim October 22-29, 1989, as "RED RIBBON WEEK" in the City of Delray Beach, and encourage its citizens to participate in drug prevention education activities, making a visible statement that we are strongly committed to a drug free community. I further encourage all citizens to pledge: "My Choice- Drug Free". IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 24th day of October, 1989. I MAY 0 R DOAK S. CAMPBELL SEAL ~ [ITY DF DELRAY BEA[H 100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 WHEREAS, the Jewish War Veterans of the U.S.A. is the oldest veteran organization in the United States; and, WHEREAS, J.I'l.V. Post No. 266 of Delray Beach, Florida, has over 500 members; and, veterans and, WHEREAS, and their the Post's work and fami lies regardless fund raising is for all of race, color or creed; WHEREAS, the organization's credo is "So that our veterans should not have fought in vain. We do hereby dedicate to giving the needy and hospitalized veterans the medicine of hope and happiness. We are not forgetting", NOW, THEREFORE, I, DOAK S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of November 6 through November II, 1989, as "JEWISH WAR VETERANS OF THE U. S . A. WEEK AND, POppy DRIVE" IN WITNESS I'lHEREOF, I have hereunto caused the Seal of the City of Delray Beach, affixed this 24th day of October, 1989. , set my hand and Florida, to be MAY 0 R DOAK S. CAMPBELL SEAL (AD ,. CITY DF DELRAY BEA[H 100 N.W. 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243.7000 Veterans American WHEREAS, the Delray Ladies Auxiliary of the Jewish #266 has been instrumental in raising funds for veterans regardless of race, color or creed; and, ('iar all WHEREAS, the Delray Ladies Auxiliary #266 has supported the organization's efforts in giving the needy and hospitalized veterans the medicine of hope and happiness; and, WHEREAS, in this regard the Womens Auxiliary of Post No. 266 is conducting their annual Poppy Drive from November 6 through November 11, 1989, for the solicitation of funds necessary for their important work, NOW, THEREFORE, of Delray Beach, Florida, 6 through 11, 1989 as I, DOAK S. CAMPBELL, Mayor of the City do hereby proclaim t~e week of November "DELRAY LADIES AUXILIARY OF THE JEWISH WAR VETERANS WEEK AND POppy DRIVE" in recognition and support of this annual drive. IN WITNESS WHEREOF, I have hereunto caused the Seal of the City of Delray Beach, affixed this 24th day of October, 1989. set my hand and Florida, to be MAY 0 R DOAK S. CAMPBELL SEAL ~ [ITY DF DELRAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 WHEREAS, diabetes is the third leading cause of death from disease in the United States, the leading cause of blindness and the third largest major chronic childhood disease; and, WHEREAS, diabetes affects over thirteen million people in the Uni ted States whose lives are considerably shortened because of this .disease and its complications; and, WHEREAS, heart disease, kidney disease, vascular deterioration, and blindness will affect one out of two insulin-dependent diabetics; and, WHEREAS, the diabetic and his family need enlightened encour- agement and counseling to adjust to the mechanics of maintaining a daily regimen of exercise, diet, insulin injections and medication; and, WHEREAS, the Diabetes Research Institute (Juvenile Diabetes Research Foundation) was formed in Florida in 1971 to educate and inform the public of the seriousness of this disease, to provide family coun- seling and to fund research for a cure; and, WHEREAS, this Florida organization will join with its counter- parts in other states to assault diabetes with coordinated and concerted efforts; NOW, Delray Beach, 1989, as THEREFORE, I, DOAK S. CAMPBELL, Mayor of the Ci ty of Florida, do hereby proclaim the week of November II - 19, "JUVENILE DIABETES WEER" in the City of Delray Beach, Florida, and urge all citizens to support this worthwhile program to alleviate the distress of diabetics and their families. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 24th day of October, 1989. MAY 0 R DOAR S. CAMPBELL SEAL ~\) [Iry DF DELRAY BEA[H 100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 v<HEREAS, pursuant to the Constitution, applicable laws of the State of Florida, the City Charter and the Code of Ordi- nances of the City of Delray Beach, Florida, the City Commission has by Resolution authorized a Bond Referendum to be held on Tuesday, the 21st day of November, 1989; and, WHEREAS, the purpose of calling a bond referendum is to determine whether the City shall issue General Obligation Bonds in the aggregate principle amount of not exceeding $5,180,000.00 for Fire Facilities Projects; not exceeding $11,207,000.00 for the Street, Drainage, Sidewalk, Alley, and Beautification proj ects; not exceeding $4,605,000.00 for the Recreational and Cultural Facilities Projects; and not exceeding $500,000.00 for the Neigh- borhood Improvement Projects, to finance all or a portion of the costs for such projects, including all costs incidental thereto, and to pay the costs of issuing the Bonds; and WHEREAS, the City Commission hereby substitutes this Proclamation for the Proclamation dated October 10, 1989, NOW, THEREFORE, I, DOAR S. CAMPBELL, Mayor of the City of Delray Beach, Florida, do hereby call a Special Bond Referendum Election to be held on Tuesday, November 21, '1989, between the hours of 7:00 A.M. and 7:00 P.M., with all Precincts and Polling Places in the City of Delray Beach as designated by the Supervisor of Elections for Palm Beach County, Florida, being as follows: Precinct No. 166 & 166A 166B 166C 170 171 & 176A 17lA 172 173 174, 176 & 174B l74A 175 178 179 189 & 190 Polling Place Old School Square, 51 N. Swinton Avenue Pines of Delray N. Clubhouse, 1641 N.W. 18th Avenue Country Manor Clubhouse, 4900 Country Manors Blvd. St. Vincent Ferrer's Church, 740 Palm Trail Delray Community Center, 50 N.W. 1st Avenue Fire Station #4, Corner Barwick Road and Lake Ida Rd Pompey Park Recreation Center, 1101 N.W. 2nd Street Carver Middle School, 301 S.W. 14th Avenue Delray Beach Mall, Federal Highway and Linton Boulevard Sun Sentinel, 3333 South Congress Avenue Delray Lions Club, 115 S.E. 4th Avenue Boca Raton-Delray Beach Gold Coast Church of Christ, 640 Bluebird Drive Pines of Delray Clubhouse, 2451 Black Olive Blvd Adult Recreation Center, 801 N.E. 1st Street All qualified electors of the City of Delray Beach, Florida, shall be entitled to vote in such election. . IN WITNESS WHEREOF, I have hereunto caused the Seal of the City of Delray Beach, affixed this 24th day of October, 1989. SEAL set my hand and Florida, to be MAY 0 R DOAR S. CAMPBELL yt:. Office of the Mayor mJ ' i\ . flereat). the City Commission of the Ci ty of Delray iteach, Florida, appreciates and seeks to promote citizen involvement in order for the City to move forward in the provision of essential and desired servic- es to the residents and citizens of the City of Delray Beach; and, WHEREAS, the citizen involvement exemplified by Jeanette Slavin, serves as an example to all the citizens of the City of Delray Beach; and, WHEREAS, Jeanette Slavin has provided outstanding service to the City of Delray Beach by steadfastly pursu- ing the realization of the Lake Ida Bike Path Project, NOW, THEREFORE, I, Doak S. Campbell III, Mayor of the City of Delray Beach, Florida, on behalf of the City Commissi9n and citizens of the City of Delray Beach, Florida, do hereby express and proclaim: Our sincere gratitude to Jeanette Slavin for her exemplary achievement and dedication in bringing to fruition the Lake Ida Bike Path Project. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 24th day of October, 1989. ~~f'.... ~~~',r, - < /'; v(." ~ -- ~ ;;.~ ... ~ ...~~ ~~ ... ~~ ~ ~ MAY 0 R DOAK S. CAMPBELL v --=- - '.' ~ ~,,"' t'.. -'. {.,,": C ~~ .- ':'''''''''~ V ~ 1. _ _~_ '....,.........,...- ~F MEMORANDUM TO: ~jALCOL/V: BIRD - INTERIM CITY ~jANAGER F'ROl^.: LULA BUTLER - DIRF:CTOF, COMMUNITY HIPROVEMENT /- '-., , . SUBJECT: PRESENTATION OF CONSENSUS STATEMENT, CITY OF DELRAY BEACH, SCHOOL BOARD OF PALM BEACH COUNTY JOINT TASK FORCE DATE:: OCTOBER JF:, ]989 Attached please find the Conse~sus Statement document of the Joint Tas}~ Force, pursuant to the cljrect.ion c;iven at the July 31, 1989 meeting of the PaIn: Beach County School Board and the City of DeIray Beach City Commission. ~he Ch~irman of the Task Force, Clarence Anthony, will present the document to the City Commisr;im, 011 Tuesday, October 24, 1989. The consensus docume~t has been placed on the School Board's November 1st regular agenda for formal action. Should the City Commission have any additional recommendations or concerns with the consensus document prepared by the Task Force, they should identify them at the October 24th meeting so that they might be properly transmitted to the School Boare!. Mr. Tom Fleming has requested a special meeting of the Education Board for Monday, October 23rd at 5:30 pm to consider the consensus document and to ITtake any recommendations to the Commission that it may have. LB:DQ Attachment L2 A:Oct24.CC .. 7 CONSENSUS STATEMENT CITY OF DELRAY BEACH, SCHOOL BOARD OF PALM BEACH COUNTY JOINT TASK FORCE The recommendations set forth in this Consensus Statement are intended to help alleviate the widespread negative public perceptions which inhibit achieving and maintaining a proper and stable racial balance in the middle and elementary public schools of Delray Beach. The Task Force quickly reached agreement on the selection of the ninth member of the committee and promply elected Mr. Clarence E. Anthony, Chairman of the Committee by acclamation. 1. ELEMENTARY SCHOOLS A. S.D. Spady Elementary 1. The Task Force agreed that Spady should be re- tained and strengthened in its present location; at least a portion of Spady's population should remain as regular elementary K-5 population; and Spady will not be converted to a total Montessori School. 2. The Task Force agreed that S.D. Spady should be re-oriented to provide frontage for the school on Lake Ida Road. 3. The Task Force recommends the acquisition of six acres of land located directly north of Spady Elementary by the School Board, the City, or jointly by both the School Board and the City to provide a Lake Ida Road frontage for and access to Spady Elementary School. B. Pine Grove Elementary 4. The Task Force agreed that portables should be removed from Pine Grove at the earliest possible time. 5. The Task Force agrees that the City should be encouraged to purchase the property west of and adjacent to pine Grove. 6. The Task Force recommends that Pine Grove be re- tained as a regular elementary school and that the commitments of the Bond Issues (School Board's and City's) be followed. ! i i i I 1 ; I ! ~ ~; 7. The Task Force agreed that the School Board should review planning of programs at Pine Grove which will enhance District racial balance goals at the school. II. CARVER MIDDLE SCHOOL III . IV. A. B. C. I. The Task Force agreed the School Board should construct a new middle school west of Interstate 95 within the neutral zone to replace Carver Middle School and examine the possibility of community use of the present Carver facility prior to relocation. 2. The Task Force agreed that the City of Delray Beach be allowed to have some input on discussions with the School Board regarding the use of Carver Middle School prior to making any final decisions. NEW SCHOOLS Morikami Area Elementary 1. The Task Force recommends construction of a second new elementary school referred to in the "Sharing for Excellence Plan" as Proposal II, Morikami Elementary, when justified. 2 . The Task Force recommends that the School Board will request that the Florida Department of Education perform a spot survey in western Delray Beach for an additional school in the Morikami area. The Task Force members agree that any new schools located in Delray Beach should be located in a "neutral zone" which is an area that is generally of equal distance for various races to reach and theoretically, therefore, would allow for naturally occurring integration. The Task Force agreed that is would be appropriate and timely for the School Board to identify a site as Elementary School US" which is not only within the School Board's defined geographical limits but also in the Delray suggested limits of Military Trail, Linton Boulevard and the C-15 Canal. RACIl\L BALANCE 1. The Task Force agreed that to reduce the number of zones to less than 13. efforts should be made inner-city attendance , . . . - 2. The Task Force agreed that busing should be accomplished as equitably between racial groups as possible. 3 . The Task Force agreed the racial balance goals are purpose and the 60% other, goal is attainable. School Board's present satisfactory to their 40% black intermediate 4. The Task Force recommends that particular emphasis be placed on the importance of that portion of the School Board's Racial Balance Policy which deals with natural geographic boundaries. 5. The Task Force agrees with the School Board's effort to discourage housing developments that will cause further deterioration of racial balance in schools. 6. The Task Force agreed that there will be naturally occurring boundary changes with the opening of new Elementary School US" that will include a re- alignment of many boundaries in Delray, and new boundaries for Pine Grove will endeavor to create the best racial balance possible. V. TIMETABLE I. The Task Force agreed that a priority list for the construction and occupancy of new schools should be developed. 2. The Task Force recommends tha t the improvements to Spady Elementary be completed by the 1991/92 school year. The Task Force also recommends that Elementary School US" (school located east of Military) be scheduled for opening in the 1991/92 school year. 3. The Task Force recommends that the relocation of Carver Middle School be completed in the 1992/93 school year. VI. SUPPLEMENTAL RECO~mENDATIONS I. The Task Force agreed that schools should not be called neighborhood schools because to do so im- plies segregation. 2. The Task Force recommends that the City and the School Board work together jointly to develop long-range plans that would create natural inte- gration in public schools such as the location of affordable housing. 3. The Task Force agrees that community participation is essential to promote racial balance in schools and integration in neighborhoods. Strategies and policies which address the following areas must be collaboratively developed and implemented: community awarness, land use policies, affordable housing, fair housing and lending practices, and equal employment opportunities. 4. The Task Force commends and supports the City ~n their efforts to spend 4.2 million dollars to improve the educational system in Delray. II , , ., ORDINANCE ~O. 56-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER l7 3, "ZONING CODE", "GENERAL PROVI- SIONS", SECTION 173.001, "DEFINITIONS", BY ENACTING A NEW SUBSECTION "BED AND BREAKFAST INN" TO PROVIDE A DEFINITION FOR SAID USE; BY FURTHER AMENDING SECTION 173.001, "DEFINITIONS", BY REPEALING SUBSECTION "BOARDING MID ROOMING HOUSES" IN ITS ENTIRETY; BY FURTHER AMENDING SECTION 173.001, "DEFINITIONS", BY REPEALING SUBSECTION "GUEST HOUSE" IN ITS ENTIRETY; AND AMENDING CHAPTER 173, "ZONING CODE", "SPECIAL USE REQUIREMENTS", BY ENACTING A NEW SECTION 173.0625, "BED AND BREAKFAST INNS", TO PROVIDE, IN ADDITION TO REQUIREMENTS OF THE UNDERLYING ZONE DISTRICT, CERTAIN SPECIAL USE REQUIREMENTS RELATIVE TO PARKING, COI1MON AREA, NUI1BER AND CHARACTER OF RENTAL ROOI1S, RESTRICTIONS ON USE AND EI1PLOYEES, AND RESTRICTIONS TO SPECIFIC HISTORIC DISTRICTS; AND AI1ENDING CHAPTER I 73, "ZONING CODE", "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", SECTION l73.142, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RM I1EDIUM TO I1EDIUI1 HIGH DENSITY DWELLING DISTRICT", SECTION 173.162, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173 .0625" AS A CONDITIONAL USE; AND AI1ENDING CHAPTER 173, "ZONING CODE", "RM-10 I1ULTIPLE FAMILY DWELLING DISTRICT" , SECTION 17 3.182, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AI1ENDING CHAPTER 173, "ZONING CODE", "RH MEDIUM HIGH TO HIGH DENSITY DWELLING DISTRICT", SECTION 173.202, "CONDITION- AL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.6025" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RO RESIDENTIAL OFFICE DISTRICT", SECTION 173.392, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "GC GENERAL COMMERCIAL DISTRICT", SECTION 173.472, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 1 73, "ZONING CODE", "CBD CENTRAL BUSI- NESS DISTRICT", SECTION 173.527, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ti tle XVI I, "Land Usage", Chapter 1 7 3, "Zoning Code", "General Provisions", Section 173.001, "Defini- tions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection, "Bed and Breakfast Inn", to read as follows: 1 8 "BED AND BREAKFAST INN." A structure in '"hich there is provided furni shed rooms for ren t to nonpermanent residents. No provisions may be made for cooking in any individual room, but provisions must be made to provide breakfast for guests in a central dining room. Section 2. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "General Provisions", Section 173.001, "Defini- tions", subsection "Boarding And Rooming Houses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety. Section 3. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "General Provisions", Section 173.001, "Defini- tions", subsection "Guest House", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety. Section 4. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "Special Use Requirements", of the Code of Ordi- nances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 173.0625, "Bed and Breakfast Inns", to read as follows: Sec. 173.0625. BED AND BREAKFAST INNS. In addition to the requirements of the underly- ing zone district, other applicable general regulations, parking regulations, and special condi tions imposed through the condi tiona I use process, the following requirements shall apply to Bed and Breakfast Inns: (A) Parking. One (1) parking space shall be provided for the manager/owner and one (I) parking space shall be provided for each guest room. (B) Common Area. Within each Bed and Breakfast Inn, a common area must be provided for a central dining area and for, at least, one (I) reading/discussion/living room. (C) Number and Character of Rental Rooms. A Bed and Breakfast Inn may be established only in a structure which is restored and maintained to historic architectural standards. A Certificate of Appropriateness granted by the Historic Preservation Board shall suffice as compliance with the above requirement. There shall be no cooking facili ties or food storage facilities in any rental room. Rental rooms do not have to contain bath- room fac i li tie s . The number of bedrooms and bathrooms provided shall be as existed when the structure was originally constructed, including additions, unless modifications are necessary to comply with Building, Fire, and/or Health codes. 7 o rd. 'i o. 56 - 89 --- ----------------.---- (D) Restrictions on Use and Employees. Meals shall be served only to the manager and/or owner, and nonpaying, bona fide guests of the manager and/or owner. Breakfast shall be the only meal provided for paying guests who are us lng the fac i Ii ty overnigh t and their guests. The maximum stay for each individual who is using the facility shall be fourteen (14) consecutive days and not more than fourteen (14) days during any thirty (30) day period. A guest book which accurately identifies all customers for eaqh night's lodging shall be maintained by the owner and/or manager. No more than one (I) nonresident person may be employed in the management and adminis- tration of the facilities on-site. This restriction excludes maintenance and cleaning personnel. The owner of the property upon the Bed and Breakfast Inn is sited must reside in the Inn or elsewhere upon the premises. (E) Restricted to Specific Historic Districts. A Bed and Breakfast Inn may be established only within an existing structure which is located within the Old School Square .Historic District. Section 5. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-6 Multiple Family Dwelling District", Section 173.142, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following as a conditional use: Bed and ?reakfast Inns, 173.0625. subject to Section Section 6. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM Medium to Medium High Density Dwelling Dis- trict", Section 173.162, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following as a conditional use: Bed and Breakfast Inns, 173.0625. , subject to Section Section 7. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-10 Multiple Family Dwelling District", Section 173.182, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following as a conditional use: Bed and Breakfast Inns, subject to Section 173.0625. Section 8. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RH Medium High to High Density Dwelling Dis- trict", Section 173.202, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following as a conditional use: Bed and Breakfast Inns, subject to Section 173.0625. - 3 - Ord. 'lo. 56-89 Section 9. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RO Residential Office District", Section 173.392, "Conditional Uses", of the Code of Ordinances of the City of Delray Beach, F lor ida, be, and the same is hereby amended by adding the following as a conditional use: Bed and Breakfast Inns, 173.0625. subject to Section Section 10. That Title XVII, "Land Usage", 173, "Zoning Code", "GC General Commercial District", 173.472, "Conditional Uses", of the Code of Ordinances City of Delray Beach, Florida, be, and the same is hereby by adding the following as a conditional use: Chapter Section of the amended Bed and Breakfast Inns, 173.0625. subject to Section Section 11. That Title XVII, "Land Usage", 173, "Zoning Code", "CBD Central Business District", 173.527, "Conditional Uses", of the Code of Ordinances City of Delray Beach, Florida, be, and the same is hereby by adding the following as a conditional use: Chapter Section of the amended Bed and Breakfast Inns, 173.0625. subject to Section Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That should any section or provis ion 0 f 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 deelared to be invalid. Section 14. That this ordinance shall become effective immediately upon passage on second and final reading. 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 - 4 - Ord. No. 56- 89 City Commission Do~~mentation Supplemental Documentation Re Ordinance 56-89 Page 2 Re: Historic Preservation Board: * Desire that the use be allowed in the Old School Square and Marina Historic Districts and in "locally designated historic houses located outside the historic districts"-- the ordinance accommodates it only in the Old School Square District. * That bed and breakfast inns be allowed as "permitted" uses the ordinance provides that they be allowed only as "conditional uses" thus keeping the final determina tion wi th the City Commission and requiring notice to adjacent property owners and a public hearing. Please note that the HPB position on this matter is apparently different based upon discussions with members and the minutes of its August 18th meeting. * that only breakfast be served -- this is accommodated. Finally, the following represents and negative aspects of code amendment. a brief comment on the positive proceeding with tfe proposed Beneficial Aspects: In general. allowing the use of bed and breakfast provides wh~~ is referred to as an "adaptive reuse" which allows an economic return to be made on an investment in a structure which otherwise would be under-utilized and perhaps deteriorate. The classic example of this is the option of: a) having a large, old home divided into two dwelling units and rented out to two families with an absentee owner and management by a firm; or, b) investment in upgrading the structure and operating it as a business enterprise with the physical features subj ect to compliance with approved plans and, hence, subject to code enforcement compliance. Other benefits include: * providing an option in the lOdging business by having available a more personal type of lodging, the ability to share conversation with other guests, and for the traveller to be able to "live" a day or two as a resident of a community -- this type of accommodation is appealing to several travellers; * providing the ability to accommodate travellers without requiring the use (motel) to be developed in the conventional style i.e. in a commercial area, parking lots, lighting, etc and have the facility function within a "neighborhood" or community context; ; * , allowing a use which may have a "spin-off" fqr other investments i.e. bed and breakfast inns provide a clientele for established restaurant in the "neighborhood" or community area and may provide a clientele for certain special uses. This is more apt to happen Wh4"" the Inn is associated with a historic district as is the case with the revised ordinance. City Commission Dc -lmentation Supplemental Documentation Re Ordinance 56-89 Page 3 Neqative Aspects: The negative aspects of allowing bed and breakfast inns in the ci ty is not so much of what they "are" as opposed to what they "could be". Such concerns are well mitigated in the revised ordinance. In general such concerns include: * that the facility will become a "rooming house" or a "boarding house" * that a structure will simply be commercial use without concurrent property and provision of parking. converted to a upgrading of the * that a property will become too intensely is no limitation upon the number of corresponding requirement for other use common rooms and bathrooms). used if rooms areas there or a (e.g. * that it will provide very low cost housing which will introduce inappropriate persons into a residential area. Given the context of the revised ordinance, none of the above concerns will occur. Additional information: Attached are copies of the Chamber of Commerce letter and information from the Historic Preservation Board. Also attached is information from "The American Bed and Breakfast Association" and two other articles which discuss this matter. As one reads this material, they will see that there are many perspectives and approaches which can be taken; thc~~ set forth in the revised ordinance ,He quite conservative and safe. However, if the concept begins to expand to other areas (e.g. non-historic sites or single family zoning districts) or if some of the requirements (e.g. owner occupied, restoration) are lessened, it would be appropriate to undertake a more thorough evaluation of the matter and provide a more comprehensive ap~roach. The Planning Department has some "guides" which can be followed. Attachments: * Chamber of Commerce letter of September 21st * Information from the Historic Preservation Board * The American Bed & Breakfast Association information REF/DJK#5l/CCBNB2.TXT f -<<IiJ- 1J;1J- GREATER OELRA Y BEACH CHAMBER OF COMMERCE 64 SOUTHEAST FIFTH AVEr'.~~~ ~'.--"--=.~E 2"78-0424 - OELPAY OEAC...... '=~_CJi=<iC,A 33483 September 21, 1989 Ms. Mary McCarty, Vice Mayor City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Dear Ms. McCarty: The Executive Committee of the Delray Beach Chamber ot Commerce has strong concerns over the proposed bed and breaktast ordinance currently under your consideration. The proposed ordinance permits bed and breakfast inns as a conditional use in seven (7) zoning districts: RH-6, RH, RH-10. RH. RO, GC, and CBD. It permits up to 9 turnished rooms to be rented with meals, for up to 14 days in a 30 day period. Meals may be served to individuals who are using the facility overnight, the manager and/or owner, and nonpaying, bonafide guests. The basic concept of the ordinance is admirable, but there are f laws in its technical aspects. The ordinance does not require minimum floor areas for the rooms; existing rooms could be divided since rooms need not contain bathrooms. Also, the tloor requirements for the zoning categories cannot be applied because they vary and CG and CBD do not have any. The ordinance does not specify the number of bathrooms required; technically, one bathroom could suffice nine rooms. The ordinance also permits three meals a day for guests. In short, in the very best of situations, the ordinance provides for bed and breakfast inns. but it could also easily encompass boarding houses. The proposed ordinance needs more study and a redraft. The City will benefit from a good bed and breakfast ordinance, particularly in the Old School Square Historical District, but will sufter it this one is approved. Sincerely, J_0/.:,/ jdl/~ ~ Bill Ha~d, President, Delray Beach Chamber of Commerce I.!I ACCAfD1Te:C __.00'._...... ......, .' . ..,. , ORDINANCE NO. 66-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH SIXTEEN (16) PARCELS OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF WEST ATLANTIC AVENUE AND MILITARY TRAIL, AND ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN WHATLEY ROAD AND BARWICK ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, POC (PLANNED OFFICE CENTER) DISTRICT, IN PART, AND ACT (AGRICUL- TURAL COMMERCIAL TRANSITIONAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Neil E. MacMillan and Nellie M. MacMillan, as tenants in common, are the fee simple owners of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Town- ship 46 South, Range 42 East, Palm Beach County, Florida; Consol- idated Capital is the fee simple owner of the West Half (W 1/2) , of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Danilo Giamberini,'a married man, is the fee simple owner of Lots 8 and 9, Country Club Acres, according to the Plat thereof as recorded in Plat Book 24 at Page 10 of the Public Records of Palm Beach County, Florida; New Rochelle Plaza is the fee simple owner of the East 100 feet of the West Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), less the North 753 feet thereof, of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Delray Office Plaza Associ- ates is the fee simple owner of the West 230 feet of the North 448.67 feet (less the North 60 feet canal right-of-way) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Paim Beach County, Florida; Provestco Inc. is the fee simple owner of the West 230 feet of the South 875.06 feet of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW I / 4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Jafto Manage- ment Co. is the fee simple owner of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), less the West 340.32 feet of the North 348.78 feet of the South 612.79 feet, the West 204.23 feet of the East 897.26 feet of the South 217.00 feet, the Easterly 201.00 feet of the South 230.00 feet lying north of State Road 806, and Parcels in OR242 Fl08, OR2203 P97, OR3675 P1667, and OR374l P179, of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; First Alliance Church of the Christian and Missionary Alliance of Delray Beach, Inc. is the fee simple owner the West 340. 32 feet of the North 348.78 feet of the Southwest Quarter (SW 1/4), less the North 173.74 feet of the West 200 feet, Military Trail right-of-way, and additional road right-of-way in OR3220 P1010, of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Marriott Family Restaurants, Inc. is the fee simple owner of a rectangular shaped parcel in the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) as in OR376l P725, of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Jafto Manage- ment Co. is the fee simple owner of the Easterly 201 feet of the~ South 230 feet of that part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) lYing North of State Road 806 (less OR376l P725) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Hess Realty Corp. is the fee sblple owner of the North 173.74 feet of the West 200 feet of the North Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) (less westerly 41.02 feet road right-of-way as in 0R2825 P34) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; First Federal Savings and Loan Association is the fee simple owner of the West 448.2 feet of the South 241 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) as in OR242 P108 and OR2203 P97 (less State Road 809 and 806 rights-of-way) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Atlantic National Bank of Florida is the fee simple owner of the West 204.23 feet of the East 891.26 feet of the South 217 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) lying north of State Road. 806 (known as Tract Marked Reserved), of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; Delray Square Shopping Center Associates is the fee simple owner of an irregu- lar shaped parcel in the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) as in OR4892 P324 (less the Westerly 78 feet State Road 809 road right-of-way) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; and Florida Delray II, Inc. is the fee simple owner of an irregular shaped parcel lying within the Northwest Quarter (NW 1/4) of the South- west Quarter (SW 1/4) as in OR4826 P1459 (less the westerly 78.04 feet State Road 809 right-of-way) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; 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 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 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 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 City Conunission of the City 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: PARCEL "A" The Northwest Quarter (NW 1/4) of the South- west Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; together with, Lots 8 and 9, COUNTRY CLUB ACRES, according to the Plat thereof as recorded in Plat Book 24 at Page 10 of the Public Records of Palm Beach County, Florida. - 2 - Ord. Nn. nn_gO PARCEL "B" The West 230 feet of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; together with, The East 100 feet of the West Quarter (W 1/4) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), less the North 753 feet, of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; together with, All of the Plat and abandoned roads within REGINA PARK (less the West 95 feet of the North 34 feet of Lot 23, all of Lots 25 and 26 and the North 27 feet State Road 806 right-of-way), according to the Plat thereof as recorded in Plat Book 13 at Page 79 of the Public Records of Palm Beach County, Florida; together with, The West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) (LESS the West 15 feet and North 47 feet road right-of-way) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. PARCEL "C" The West 95 feet of the North 34 feet of Lot 23 and Lots 25 and 26 (less the North 27 feet State Road 806 right-of-way), REGINA PARK, according to the Plat thereof as recorded in Plat Book 13 at Page 79 of the Public Records of Palm Beach County, Florida. The subject property is located at the northeast corner of West Atlantic Avenue and Military Trail, and on the south side of West Atlantic Avenue, between Whatley Road and Barwick Road. The above described parcels contain a 56.41 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and. said lands are 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 as Parcel "A" is hereby declared to be in Zoning District GC (Gener- al Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. - 3 - Ord. :-10. 06-89 Section 4. That Section 173.886 of the }oning Code has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel "B" is hereby declared to be in Zoning District POC (Planned Office Center) as defined by existing ordinances of the City of Delray Beach, Florida. Section 5. 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 as Parcel "c" is hereby declared to be in Zoning District ACT (Agricultural Commercial Transitional) as defined by existing ordinances of the City of Delray Beach, Florida. Section 6. 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 maybe subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 7. 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 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective on December 1, 1989. 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 Second Reading - 4 - Ord. No. 66-89 t C I T Y COM MIS S ION DOC U MEN TAT ION TO: VIA: ROBERT A. BARCINStJ, ASSISTANT CITY MANAGER ~ /? .....4?<L - '-"- FRANK R. SPENCE, DIRECTOR ~OPMENT SERVICES GROUP ~~~jcf;~~ DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF SEPTEMBER 26, 1989 CONSIDERATION ON FIRST READING OF WEST ATLANTIC ANNEXATION # 1 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of the enacting ordinance annexation. Second reading and public hearing will on October 24, 1989. that of for this be held BACKGROUND: This annexation involves 56 acres of land and 16 parcels of mostly developed property. Fifteen of the parcels are being annexed pursuant to terms of previously executed water service agreements. One parcel has joined the project through a voluntary, no fee, application. The entire area is served or adjacent to municipal water and sewer systems. No public improvements are necessary. Additional demands will be placed upon EMS and law enforcement services. There are no residences involved in this annexation. Based upon the 1988 assessed value roles, these properties will add $142.741 to next year's property tax revenue. For the most part, the proposed zoning corresponds to existing land use plans and existing land use; however some property will becom~ nonconforming and some property will be down-zoned in order to conform with the proposed Future Land Use Map (and current land use map). Since the Pharmore Store is currently under construction, an effective date of December 1, 1989, is recommended; thus avoiding problems with respect to completion of inspections on the shell building and major tenant. Please see the P&Z Staff Report for full background and analysis of the item. PLANNING AND ZONING BOARD CONSIDERATION: . At it's meeting of September 18, 1989, the Planning and Zoning Board unanimously recommended approval of the proposed annexation and initial zonings. There was no public comment. RECOMMENDED ACTION: By motion, based upon the findings of the Planning and Zoning Board, approve the enacting ordinance on first reading and set a public hearing date of October 24, 1989, for second reading. Attachments: face sheet of P&Z staff report map with proposed zonings of the annexation area \ PLANNING 8 ZONING CITY OF OELRAY BOARD BEACH - -- STAFF REPORT MEETING DATE: September 18, 1989 III-C AGEtO=l ITEM: ITEM: Annexation for Properties Located on West Atlantic Avenue , 317 Ln.c. !iii~]~~~~~~i!i~~~ir!!~1ll1Ii~ ~il 1..........'....H~:"'::::::::::~::;: ::ii:P::..:.l........ . ...:............. ....I..:liiHl x: WEST ATLANTIC ~ . ...- AVENUE 109 ~ lli ""'" .. . ::::::. .HaW m::::m::..::.'.'.'.'.'.'. .... ............ .... :mm:::::::: II SHERWOOD GOLF I I II J I I I 707 ......:. ZQ!. <.IUC. 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'I I, il I: II " Ii I 1\ II 'I J O:<DINAl'ICE NO 70-89 AN O"lDINANCE OF THE CITY COMMISSION OF THE CITY OF lJELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE OCEAN APFI,B ESTATE I.OCATED AT 610 N. OCE:l\N BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS ORDINANCE, AS A LOCAL HISTORIC SITE; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMR~ OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray Beach provides for the designation and protection of historic sites; WHEREAS, the owners of "Ocean Apple Estate", a home designed by noted South Florida architect John Yolk for famed cartoonist and City of Delray Beach resident Fontaine Fox. have nominated "Ocean Apple Estate" to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. WHEREAS, the Historic Preservation Board,of the City of Delray Beach prepared a designation report. for the designation of "Ocean Apple Estate" 'is an historic site and held a duly noticed public hearing in regard to the designation of the property a~ an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the Historic preservati.on Board of the City of Delray Beach has recommended that on September 20, 1989 "Ocean Apple Estate" be designated an historic site subject to certain variances and waivers proposed by the owner/applicant in the nomination/designation report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a dUly noticed public hearing in regard to the designation of "Ocean Apple Estate" as an historic site. NOW, THEREFORE, BE IT ORDAINED BY THE !CITY COMMISSION OF TIlE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Designation. Ocean Apple Estate at 610 N. Ocean which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit 1 is hereby designated as the Ocean Apple-Fontaine Fox Historic Site in accordance with and under the provisions of Chapter 174 of the Ci.ty Code of the City of Delray Beach, subject to the terms of this Ordinance. Section 2. Requirements of Designation. Notwithstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply t.O the use and development, of Ocean Apple Estat_e: 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Ocean Apple Estate-Fontaine Fox Historic Site; and 2) no nwelling unit used or developed on that portion of the Ocean Apple Estate-Fontaine Fox Historic Site which lies east of Ie St.ate Road A-1-A shall cont.ain more than two thousand and four hundred (2,400) sguare feet of gross floor area. Section 3. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ':Jrdinance, amend the zoning map of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 4. Severability. It: is the incention of the City Commission of the City of Delray Beach that this 'Jrdinancil and each every of its terms be con- sidered a part of a single whole and that the Ordinance not be severable and that: if a court of competent jurisdict:ion finds that any section of this Ordinance is 'mlawful :Jr unenforceable the Ordinance shall be unenforceable in its entirety. Section 5. Effective Date. This Ordinance .shall become effective upon adoption on second ' and final reading. ~ection 6. Sunset Provision. This Ordinance shall expire and be of no further legal force and effect sixty (60) days after its effective' date unless the owner/applicant of the Ocean Apple Estate-Fontaine Fox Historic Site has obtained the following variances and necessary waivers: 1.. A variation from the minimum lot area requirements of the H-l-AAA. :?oning district to allow the construction of a single family det.ached dwelling on that portion of the Ocean Apple Estate-Fontaine Fox Historic Site that_ lies cast of State Road A-l-A; ~nd 2. a varia1" ion from the side yard setback requirement_s of the R-l-AAA zoning district to allow the construction of a single family detached dwelling within five (5) feet of t1)e north property line and five (5) feet of the south property line of that portion of the Ocean Apple Estate- Fontaine Fox Historic Site which lies east of State Road A-1-A. 3. Waiver of the 80 foot right-of-way requirement for State Road A-l-A within the boundaries of the Ocean Apple Estate-Fontaine Fox Historic Site ?.nd the establishment elf Cl 60 f(')ot r'Lght-of-way requirement for the Ocean Apple Estat.e for the purposes of any municipal permi t or development order. PASSED AND ADOPTED in re9'llar reading on this the ____ day of sessi0n on second a.nd , 1989. fina.l "lAi'OR AT'l'EST: Ci.ty Clf'rk Fi.n;1" Reading Second Reading 2 :'RD. '10. 70-89 10 e~ 8-? l~::" a 40- 368 ~~0' Sl.~~ _ t." .I ..", EXHIBIT 1 LEGAL DESCRIPTION The South Half of Lot 4 lying West of State Road A-I-A, less the West 435.5 feet thereof: " that part of the South JO feet of Lot 3 and the North half of Lot 4 lying West of State Road A-l-A:" and Lot 3, less the South 10 feet thereof:" Block E, Revised Plat of Blocks D Ilnd E, Palm Beach Shore Acres, Delray Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 7 at ptlge 38 of the Public Records of Palm Beach County, Florida. " less the West 25 feet thereof for road right-of-wIlY. AND that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A- I-A. Said land is suhject to easements, reservations, restrictions, covenants Ilnd rights-of-way of m~. . " CITY COM MIS S ION DOCUMENTATION VIA: ROBERT A. BARC:~'a ASS~TANT ~./l ~ ( - FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP CITY MANAGER TO: FROM: STAN WEEDON, ASSISTANT PLANNING DIRECTO~ SUBJECT: MEETING OF OCTOBER 10, 1989 LOCAL HISTORIC SITE DESIGNATION OCEAN APPLE ESTATES (610 NORTH OCEAN BOULEVARD) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approving an Ordinance 70-89 for the designation of 610 North Ocean Boulevard (Ocean Apple Estates) as a Local Historic Site pursuant to the request of the property owner Roderick T. Wilson and the recommendation of the Historic Preservation Board. BACKGROUND: The owner has requested that the City designate the subject property as a Local Historic Site and submitte,d the required nomination report and designation report. The subject property is comprised of 2.5 acres on both the landward and seaward sides of State Road A-l-A and is improved with a two bedroom principal residence, garage, swimming pool and three quest cottages. The house is significant because it was initially owned by Fontaine Fox, a world-~amous cartoonist (Toonerville Trolley) and was designed by renowned Florida architect John Volk. The house is a Cape Cod bungalow style beach cottage. The Historic Preservation Board at its meeting of Friday, September 15, 1989 accepted the nomination report. At a special meeting of the Board on Wednesday, September 20, 1989 the Board held a pUblic hearing and recommended that the City designate the subject property as a Local Historic Site. There are special circumstances which affect the property and have resulted in the Historic Preservation Board recommending two conditions to the designation. These conditions are that no more than three dwelling units may be constructed on the property, and that any dwelling unit constructed east of State Road A-l-A shall not exceed 2,400 square feet of gross floor area. In addition, the Ordinance contains a sunset provision which stipulates that the ordinance shall expire if three specific variances are not approved by the Historic Preservation Board within 60 days of the effective date of Ordinance 70-89. These three variance/waivers are: 1. A variance from the minimum lot size of the R-l-AAA District for that portion of the property lying east of State Road A-l-A; and 2. A variance from the side yard setback of the R-l-AAA District to allow a five (5) foot setback on the north and south property lines of that portion of property lying east of State Road A-l-A; and .> 3. A waiver of the 80 foot right-of-way requirement for State Road A-l-A within the boundaries of the Fontaine Fox Local Historic Site and the establishment of a 60 foot requirement for the purposes of permits and development orders which may be issued by the City for the subject property. PLANNING AND ZONING BOARD CONSIDERATION: This item does not go before the Planning and Zoning Board. RECOMMENDED ACTION: By motion, approve Ordinance 70-89 thereby designating 610 North Ocean Boulevard (Ocean Apple Estates) as a Local Historic Site to be known as the Fontaine Fox Historic Site. Attachments: - Ordinance 70-89 SW/FOXDOC CITY ATTORNEY'S OFFICL t TEL No. 407 278 . 35 Oct 20.89 16:20 P.02 I j , --,.. "'-' .......", . ...... -. l R~SOLUTI0N NO. 78-89 " R.ESOL1]TtON OF 'l'JiE CITY t'OMMISSION or THE CITY OF DEI.RAY BEACH, FLORIDI., AUTHORIZING THE TRANSFER OF A C~LE TELEVISION FRANCHIS! FROM SUNBBL~-D!HNTRONICS CABLE L'l'D., ALSO KNOWN AS NATIONAL CABLE, TO N1\TIONAL CABLE, INC. WlfI!:UAS, SUnbell:-Denntronica, Ltd., Also known aa National Cable, is . franchised cable television operator licensed to conduct operations in the City of Oelr~y Beach, Florida. WHEREAs, National Cable (Sunbelt-PenntrGntca, Ltd.) desire. to continue its eXi.8ting busineS8 l)y transferring its asset. and franchise to National Cable Ltd., a Plorida limited Partnership hereinafter referred to All "National", and ha. 'IUlni.itted aD application for transfer of National Cable's franchise (Sunbelt-Denntronic. Cable, Ltd.) to National; and WHEREAS, National as a reault will continue the busin.a. of National Cable (also known as SunbBlt-Denntronic&) with the territory being the same as described in Ordinance No. 8-87 and aa lJl\end8d l)y ord.1.nance 50-87. WHERF.AS, Chapter 93, "Cable Television" of the Code of Ordinances of the City of Delray Beach require a t~ansfer of the fran- chise to be approvod by resolution of the City comm~~sion. NOW, 'l'HEREEORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OELRhY BEACH, FLORIDA, AS FOLLOWS: ntH hd. !'Iection 1. The foreg<.ling recitals are hereby affirmed and Section 2. The cabJe television franchise and license held by SUnbelt-Denntronies Cable, Ltd., also known as National Cable, is hereby transferred in its entirety to National Cable Ltd. for the remainder of the franchise term as stated in Ordinance No. 8-87. Section 3. National Cable, Ltd. shall comply with Chapter 93 of the Code of Ordinances of the City of Delray Beach, Florida, governing cable teleVision and any and all amendment. thereto. Section 4. National Cable, Ltd. ahall comply with all other statute., rules, and regulations regulating cabl. television. Section 5. That the City Conmi..iol:1 of the City of Delray Beach, Plorida, authorizes a transfer of the franchi.. from Sunbelt- DenntroniC8 Cable, Ltd., to National Cable, Ltd., subject to providing the fOllOWing documents: a) A atatement from National Cable, Ltd., a lilll1ted partnership authorized to do busine.s in the State of Florida, indicating that Nat,ional Cable, Ltd. accept. and agrees to b. bouncl by the t.erms and conditions of the francbiae aljJreement between the City and Sunbelt-Denntronica Cable, Ltd. 0) A copy of the Certificate of Authorization to do businea. in the State of Florida. C) Th. name of the Florida Agent of National Cable, Ltd. for the p\lrpOae of service of proce... d) .,.. current Certificate of Insurance in the name of Cable, Ltcl. meeting the requirement. of the City'. Ordinances and current franchise agreement. NationaJ. Code of {( ,- '>. CITY RTTORNEY'S OFFICE \, .., .,1 TEL No. 407 278 4(~~ Oct 20.89 16:21 P.03 '.-' ~===.=. . .'-- e \ A PIIt't'ormance Dond in the amoUIlt prescribed by thE! Code of C1rdinances of the City of Delray Beach, Florida. section 6. That adoption of th . resolution. this resolution shall be effective on. I Section 7. That the City Clerk is hereby authorized to send a ! certified copy of this resolutloD to the franchise holder. i PASSED AND ~DOP'rED in regular session OD this the , 1989. day of ATTEST I MAY 0 R City Clerk ! I 2 RES. NO. 78-89 CITY ATTORNEY'S OFFICE TEL No. - ~ - 407 278 47~~ Oct 20,89 16:22 P.04 -1 '.......... - . t. . '.' ~'. , ..vc<< o. .f!1.cu,Noa;" I "L.'CHC" N ''''&.OW''.. ur : ,",CAAL.D '0 ICr." . Wf~LI"'''' II, a008.. -= "A. ' "'OH~ O. IQ""," ~AT"IC.1C .,J, C....I". _.... AL.A.". oJ, C"C"'f~. ..... 00..".1. C1fC.&.".j MICNAIL. W. CO"'NO..t 1tO....,. L.. ClItAHC. "A. I, JUNe CIlllI"~IN ",.10'"0 I. ':.."CH frlttCto'ACL N. orc..C'~ ~II ., OOIOON ""'CMAC' D. OOlltoo".. lit. A. "'ilCtl. It onlU""t 1 c."".., ~""'C.. lIoolilE C"'.IEV CIK&.IN LU.'TZ """'''TI:N. MC."NIE 8. O'CONNE&.L .. -...'"'HC"....," INC:""'O'NQ.' ,.,,0,1'1:..'0,...... .'"'0(:'.'10-';:' OO""LO k. Ou..,.,..o.... "'It. ""H'", .I, folA4f1tl'. "... 0"'''''111. .4. "r.llto"...,,~ OIU. ", JI~~II ''''AN 'o.lO'''VN ...,..... t. "''''0 CH.....!....... \'1.11"'1, ".A. f1t'CH."'O .... .....~fCfrll.. jII, A, l..OU1I ":J04.14NI:, "A. CloAltIcu", .... tilt".....".. .lIt,.,., M. a'CON~r:L". ....... .UILO. o'ca..""clo.L.. .."It., jII,.... c.", A. ~D('''A JU,"ICAHN ItlCO ITCPHC"" ... ''''OCHI.T .VIAN W.ll.IA.... lII""tl.:"l. D O'C:Ot.,l~'CLl", ... (-.0"....'" - 0" CQWf'f!lCI. JOH,.. ... "'I.""IIN Al".AN,J. ItOoe...s LrWI' N, ....NO - ;. NORTttORlooe tQwc__ I . 10'. "lOO" !II I\fC,.~1oI "I.AGlo~1lI ORIVI fII,O Q"'AWII'''' 01..... Wr.IT P"'L... IiItA-CH, ,....0"10... .3"1110a'48'8 TItLC.""ONE '''07) 82l. .GOO 'Il CeOfPl'" ("0'1.33''''00 , VIA !l'IlLI!SOP:J:Q i Su.an ~U y, E.~uire City Attorn.yt.Otttce City of Delray B.ach 310 sa lit .trJ.t D'lny I.ach, ~L ~'.83 RE. Transfer Of Sunb.lt~D.nntronic8 Cabl. Lt~.', franchi,. to NotiOnal Cable Ltd; ! October 20, 1889 D.U BUlan, % am in receipt of YOur fax transmittal letter of this date with nlp.ct to tht. abov'~Uf'renD'd :matter. Your comments hev. bun inlerted into. t1J. 'ran,Ohis. Acc:eptance AgrUm.n t and the tev!GeCl 40Qument h at~achad. _ :' . . 1 Aho attao,hed art my han4wrHt.n COlftm'nts to the proposed Jteaolutton. Th. mOlt important informatton that n..ds to b. r.vi.ed 1s with respect to the Cue rent. franchis. hOld.r t'1 .the CHy of D.l ray liluc:h wh1ch 18 8ulIbe1t-Denntronics Cable Ltd. ("you have omitted the word 'Cable. between Denntronice an4 Ltd., al,o note th.t there t, a hrPhen between Sunbelt and D.nntronic.). Aleo, Bunb'll:~Denntronicli C.b-. Ltd. is known as Nattonal Cable (not National Cable Communication., Inc:.). With ce'Pict to Section 5, I Q.lleve that '11 dOcuments hive be.n submitted nc pt tor Ce) the Pe~tormanc. aone! and Ca) an ex'cuted Stahment. Bu paragraph' Cb), Co) and Cd) were tel.copied to you ye.terday. If they W'te not r.cet9'd, pl,a.. let me know iMmed1at.ly. Pl.... 9~.e m. a call aft.r. you r.ceive thi. eo that w. may finali.1 tht. ~atter tor Tue'day" me.ting. PIB/mch cc:. Gloffrey C. Gill - ~ , l. f , 'I . j; i CITY ATTORNEY'S OFFICE I TEL No. -~'~-1 407 278 475' 'c t 20.89 16: 22 1_: H:II; t:. v P.05 "-. -- ~~"OH%S. ~CC'PTANCm AORmEMENT . This t9r....nt made this 25th day of OctobQr, 1989, by and " - I between tht memb.~s ot the Citr Commission ot the City ot Delroy Beach, FIOfida; a. Pranchisinq:Authcrity, hereinafter reterred to .a MCity., ,and Hational Cable Ltd., a Florida limited partner'hip, , ! authorized, to do budne.. in the State ot norida, hereinattclr retorred t~ a. .'r.nch1.... or;MCOble Operator". WKI~S, the C.ble O~er.tJr applied tor, and was awarded, by ; I R.,olution' No. 78-8g, tranet,r ot a Franchise to l>rovide cable ! , televi.ion;r.lated .ervices in:the City of Delray Beach. ; , . / / If I T N '2 SSE T H Fot' ihd in COnsideration: of the mutual terms, concliticms, covenants .nd r.llr....nt.t:ions 'herein containe<1 and incorporated by r.,.ro.b.. thoel'y ... ,r.fchl'" b.r,by '.r,. .. '0""" 1. the Franchi... .hall,cornply with all terms, conditions, ........... I and provi.~on. efR..olution No. 78.8~ and Ordinance No. 8.87 and . i ordinanee iNO. 50-87, as may' be Amended from time to time, requirementa ot the City and City Qfeicers and employees pursuant r i to aaid Ofd1nanc. ancl R"olu~lon, all ordina,ncu, laws, rules, re9U1atiQn~, and policies or :l:he City and all applicable Sht, and r.d.ra~ law., rUle. and reVlllati,on.. ::I. rational Cable Ltd.: dou hereby accept the foregoing fX-Anohia. dc-uement and tor itself and it. 8Uccessors and assignees. ( : I ; I . t ( -. , t 1 . ," " '" ,~,).,"'''''''''J;A, CITY ATTORNEY 'S, q~~ICE. . ,. .T~L ~06':':&l '1 . .' . r i 407 278 47~~ Oct 20,89 16:23 c:,.,SIl.... P.06 ..... .." I Datef at 7378 County, 'forid. this I Lake Wotth noad, Lake Worth, Palm Beach 25th day of October, A.D., 1989. NATIONAL CABLE LTD. BY: NAT!ONAL CA8L! SERVICES CORP., Ita Managing General Partne~ I I , (Co~orat. Seal) A'l'TI'T' l ~O~~ H. A;..tron~, Aa81stant Seot'etu.y : 819ne4, a.al.i 'nd delivered in the pr4.enoe Of, ! By: Geoffrey C. Gill, Executive Vie. Pr.si4ent bd>. '_.'._ 51-ATI OF ~toMOA COUNTY 01". PAUl lEACH . :r1 an,otf10.1' atlthor.had tel take aCknOwledgements ot instruments aooord ng,to the l~w. ot tbe ~t.te of Florida, du~y qualifi.d and acting, h.reby c,rtify thata,.ottrey c. Gill and Jody An_tron;, r..peotiYjlY IxeCutiv. Vice Pfesident and A..istant Sec~etary ot National able Service. Corp. to me per.onally known,' thi. 4.y .cknOWled e4 betor. me that th~y e~.cut.d the toregoing acceptance ot licen. , ..,.uch ottioer otisaid General Partner or Franohi.ee, ancS that hey affixed thereto. the offioial seal of said General Partner c F~anohi8ee tor and a. the off1oia1 aot of said General Partner 0 Franchisee. IN W THESe WHEREOt, I h.r.un~o set my hand and offioial ..a1 at Lalce 01'th, Palm Ileaoh County, Florida, thh 25th day of Octob.~, A.D., 1.89. NAT10NAL.~BLRAy.ACC!PT.AGMT Notary PUbliC, State of Florida .~ Lar9. My Commission Expires . l,. r f , ~ , . [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE ) [0 S [c. I st STREET, SUITE 4 DELRA Y BEACH, FLORIDA 33483 407/143- 7090 TELECOPIER 407(2784755 . MEMORANDUt1 Date: October 18, lQS9 To: City Commission Malcolm Bird, Interim City Manager From: Susan A. Ruby, Assistant City Attorney Subject: Resolution 78-89 ,- Transfer of Franchise from Sunbelt Denntronics Ltd. to National Cable Ltd. Our office has prepared Resolution 78-89 to facilitate the transfer of the cable television franchise held by Sunbelt Denntronics Ltd. to National Cable Ltd. for your approval, pursuant to Section 93.34 of the Code of Ordinances of the City of Delray Beach, Florida. While our ordinances do not specifically require a public hearing, in an abundance of caution, our office is placing this resolution on the agenda for a public hearing. At.tdC'hed hereto you and Conunissioners, information. will find letters to Herb Thiele, the Mayor as well as other documentation for your Please do not hesi t.ate to contact me if you require further information. ..... !'/', " r' SAR:ci Attachments LAW OF"F"ICES BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE a O'CONNELL SRUCE G, ALEXANDER FLETCHER N. BALDWIN,:m ..JERALD S, SEER WILLIAM R, SOOSE, nr, ~,A. ..JOHN D. BOYKIN "'ATRICK..J. CASEY, ....A. ALAN ..J, CIKUN. P.A, CORY..J. CIKLlN MICHAEL W, CONNORS ROBERT L. CRANE, "',A, B, ..JEANE CRI"'F'EN FREORIC E. EF'STIEN MICHAEL M. GFESSER LEE B, GOROON MICHAEL D. GORDON, I">.A. MIKEl. O. GREENE VIA HAND DELIVERY A F'ARTNERSHIP INCLUDING F'ROFESS10NAL ASSOCIATIONS DONALD H. GUSTAFSON, ..JR, LYNDA..J. HARRIS, p,A. OANIEL A. HERSH....AN DEBRA A, ..JENKS BRIAN B, ..JOSLYN BR!AN T. KING CHARLES A. LU B1TZ, F', A. RICHARD L. MARTENS, P.A LOUIS R. McBANE, F'.A, CLAUDIA M, MCKENNA BRIAN M. O'CONNELL, P,A. PHIL 0, O'CONNELL. ..JR., I">,A CARl A, PODESTA ..JULIEANN RICO STEF'HEN L. SHOCHET SUSAN WILLIAMS F'HILLlP D. O'CONNELL, SR. (1907 1987) OF' COUNSEL ..JOHN L. REMSEN ALAN ..J. ROGERS LEWIS M. SANG NORTHBRIDGE TOWER I . 19'" FLOOR 515 NORTH FLAGLER DRIVE 1">, O. DRAWER 024828 WEST PALM BEACH, FLOIltICA 33402-4e2e TEU!.F'HONE (407) 832.5900 TELECOPIER (407) 833.4209 October 4, 1989 City Attorney of the City of Delray Beach Herb Thiele, Esq. 310 S.E. 1st Street Suite 4 Delray Beach, Florida 33483 RE: Franchise Transfer of Sunbelt-Denntronics Cable Ltd.'s F1.anchise to National Cable Ltd. Dear Mr. Thiele, As follow up of Pat Casey's letter of September 27, 1989 to the members of the Ci ty council, both Pat and I thought it would be appropriate to forward to you a copy of the previous application for approval of the Palm Beach County Board of Commissioners to transfer the cable television franchise in the name of Sunbelt-Denntronics Cable Ltd. to National Cable Ltd. The application should contain information that you may be interested in reviewing or would be appropriate to be submitted pursuant, to your applicable cable television ordinance. I have also enclosed a copy of a September 18, 1989 letter from Philips Credit Corporation ("PCC"), Sunbelt-Denntronics Cable Ltd.'s principal and primary institutional lender, to Palm Beach County confirming that PCC will be transferring the credit facility currently in place with Sunbelt-Denntronics Cable Ltd. to National Cable Ltd., upon franchise transfer approval. On behalf of National Cable Ltd., I respectfully request that the previously requested transfer of the City of Delray Beach cable television franchise currently held in the name of Sunbelt-Denntronics Cable Ltd. to National Cable Ltd., be placed on the next available public hearing agenda for approval by the City of Delray Beach. A-E;,-:',":,';,-: " .'~. ~(-L2::_'df.~ 'ilj ",~-J~Y l',~,..,,: Cj~~.-' ;.;;j ;.." City Attorney of the City of Delray Beach October 4, 1989 Page 2 If you should have any questions please do not hesitate to contact either Pat Casey or myself. FEE/mch Encl s. cc: Don Foster, National Cable Ltd. Sinck~{r4!' FredEf~~t1~pstien 4 ;. LAW OF"F"ICES BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE S. O'CONNELL A. ~ARTNERS~I~ INCLUCING ~FlOF"ESS'ONA.L A.SSOCIATIONS BRUCE Q. A.Ll::XANOER F"LETCHEA N. BALDWIN. m ..JEAALD S. 8EEA WILLIA.M R. BOOSE. m. ~. A.. ..JOHN D. BOYKIN ~"'TAICIO; ..J. C"'SEY. ~ A AL....N ,J. CIIO;LIN. ~. A.. COFl'!' ..J, CIIO;LlN MIC~"'EL W. CONNORS qOI!lEFlT L CAA.NE. ~ A. B. ,JEA.NE CFlI~~EN F"FlEORIC E. E~STIEN MICHAEL M. GF"ESSEFI LEE 6. OOROON, MIC~A.EL D, GORDON. ~. "'. MIIO;EL D. GREENE VIA HAND DELIVERY DONALD 1-1. OUSTAF'SON, ,JR. L...NO......J. I-4"'R"'15. 1:':.... CA"!IEL A. I-4ERSH""....N DEBFI'" A.. ..JENKS SFlIA.N B. ..JOSL'!'N BRIAN T. IO;INO CMARLES A. LUBITZ. P '" AIC~A.RO L. MARTENS. ~.A l..OUIS Fl. McBANE. P.'" Cl..AUOI.... M. Mcl'lENNA BFlIAN M. O'CONNELL. P. A. ~~IL D. O'CONNELL. ..J"'f.. P.... CAFlI A. ~ODe:STA ..JULIE...NN RICO STE~I-lEN L. SI-lOCMET SUS,",N WILLI...MS PI-lILLIP D. O'CONNEL.L.. SR ('90? 1ge?) OF" COUNSEL .JOMN I. "'fEMSEN "'LAN.J AOOERS NQ"'fTHBFlIDOE TOWER I , .g'" F"1.0Q"'f 515 NORTH F"LA.GL.EFI D"'fIVE P.O O"'f"'WEA OZ4626 ~ WEST P....LM BE....CH, F"LO"IO.... 33<40z...eze TELEP"'ONE (407) 832.5900 TELECQPIEA (407) 833.4209 September 27, 1989 Mayor Doak S. Campbell and Members of the City Council City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: Franchise Transfer of Sunbelt-Denntronics Cable Ltd.'s Franchise to National Cable Ltd. Dear Mayor Campbell and Members-~f Council: This law firm represents Sunbelt-Denntronics Cable Ltd. ("Sunbelt"), a franchised cable service provider within the City of Delray Beach. National Cable, Ltd. ("Partnership") is a newly formed Florida limited partnership that will be acquiring 100% of the assets of Sunbelt. One of the assets of Sunbelt is the cable television franchise granted by the City of Delray Beach to provide cable services pursuant to Ordinance 8-87. In order to complete the acquisition of 100% of the assets of Sunbelt, the fran~ise currently in the name of Sunbelt must be transferred to the Partnership. In order to accomplish this transfer, the respective ordinances of Palm Beach County and the City of Delray Beach require that the transfer'" be approved by the elected officials of the County and the City of Delray Beach. '. Therefore, we recently secured, on September.. 19, 1989, the approval of the Board ,of County Commissioners of Palm Beach County of the transfer of Sunbelt's franchise to the Partnership, a copy of which is attac~d. We are hereby requesting approval, by Resolution, of the City of Delray Beach approving ~Qd transferring the franchise currently held by Sunbelt to the Partner"sIlip. "'Please be informed that although the assets of Sunbelt are being transferred to the Partnership, which is a "recently formed Florida limited partnership, the individuals owning and operating Sunbelt, the cable company currently serving your ';~' ...~...u~ ~.':':....,...~" 1 I F :.-:.:.:..:..... ...~. :__.....::.. .,j Mayor Doak S. Campbell and Members of the City Council Page two September 27, 1989 City, and the Partnership which will continue to serve your City shall remain the same. , Both Sunbelt and the Partnership agree to continue to comply with the terms of all applicable ordinances and the current Franchise in the name of Sunbelt. We would appreciate your considering an expedited procedure granting your consent to the assignment of the existing cable franchise in the name of Sunbelt to National Cable, Ltd., on the grounds that the Partnership is a continuation of the same cable television operation of the current franchisee, Sunbelt; that notwithstanding a change to its legal entity form, the control and management will be unchanged. If any other information or documentation is desired, please do not hesitate to contact the undersigned at your convenience. The undersigned would be most appreciative of receiving a draft of the Resolution consenting to the above referenced assignment and being notified of the date and time at which this matter will come up before the Council for review. We look forward to working with you on this matter. Sincerely yours, , ' v C::L~ell ifa,rlc" .J" Patrick J. Casey PJC/dab cc: Herb Thiele, Esq., City Attorney Geoffrey C. Gill, Executive Vice President of National Cable Communications, Inc. - e Philips Credit C~ /'pdny 100 East 42nd Street . New York. New York 10017 . (212) 850-516 PHILIP: Beth v, WaJman VlOe ~l"d '**'" ~ (212) 850-5551 September 18, 1989 Ms. Jo Ann O'Hara Palm Beach County Cable Televison Coordinator 301 N. Dixie Highway West Palm Beach, Florida REf'';::'' -. \""'1-.1; ~_ " - ;289 33402-1989 Re: National Cable Communications, Inc., and Sunbelt- Denntronics Cable, Ltd. Application for Transfer of Existing Franchises Dear Ms. O'Hara: This letter is to confirm to Palm Beach County the existing banking relationship between Philips Credi t Corporation ("PCC"), as principal and primary lender to National Cable Communications, Inc. ("NCC") and Sunbelt-Denntronics, Ltd. ("Sunbelt"). This letter also confirms that there is currently in place between PCC, NCC and Sunbelt an existing credit facility. Subject to satisfactory completion of PeC's normal due diligence and the borrower's satisfaction of PCC's other customary loan requirements, PeC is committed to transfer this credit facility to National Cable, Ltd., ("National") upon Palm Beach County franchise transfer approval. PCC would be prepared to consider increasing its commitment under the credit facility should National need further funding to finance its operation in Palm Beach County. Should you have any questions, please do not hesi ta te to contact the undersigned. Very trUly yours, PHILIPS CREDIT CORPORATION /0Y.-I} {/ t<'U~I'- Beth 1/. 'alman Senior Vice President and General Counsel BVW/bfs cc: J. Walter Corcoran INTROOUCTION National Cable Ltd. (.Partnership.) is a newly formed Florida limited partnership formed to acquire and own, operate and manage lOot of the assets of Sunbelt-Denntronics Cable, Ltd., d/b/a National Cable (.Sunbelt.), a franchised cable television operator in Palm Beach County and lOOt of the assets of National Cable Communications, Inc. (.NCC.) a franchised cable television operator in Palm Beach County. SUnbelt has been serving certain portions of unincorporated Palm Beach County since 1984. SUnbelt was granted a 1 imi ted expansion of its franchise area by the Board of County Commissioners on April 18, 1989, R-89-648, (collectively the .Franchise.). The general partners of the Partnership are National Cable Communications, Inc. and National Cable Services Corp. (.NCSC.). The limited partners of the Partnership are Sunbelt-Oenntronics Cable Ltd. and National Cable Communications, Inc. The Partnership has simultaneously submitted an application to acquire the franchise of National Cable Communications, Inc. It is the intention of the Partnership once consent to transfer the NCC, and Sunbelt franchises to the Partnership have been granted by the Board of County Commissioners to have both franchises consolidated into one franchise for the Partnership. Although NCC and SUnbel t have been, and continue to be, separate legal entities, they both have common employees in their management. The principal employees are discussed further in this APPlication, Section 8 of Article VII, Page 10. The Partnership shall be managed by NCSC and the same principal employees. The consolidation of the NCC and SUnbelt assets and franchises into the Partnership will enable all of the Nec and SUnbelt subscribers to receive quali ty cable television services from One legal entity, the Partnership, which shall continue to do business in Palm Beach County as .National Cable.. Additionally, the Partnership believes it is in the best interest of its subscribers to consolidate both the NCC and SUnbel t franchises into one franchise in the name of the Partnership, which will also eliminate a franchised cable operator, and corresponding franchise, in Palm Beach County. Pursuant to the Palm Beach County Cable Ordinance of 1986 (the .ordinance.), the Partnership is seeking the prior written consent of the Commission to transfer the existing SUnbelt Franchise to the Partnership. The application consists of information required pursuant to Article XI of the Ordinance with respect to a transfer of the oWnership and control of an existing Palm Beach County cable television franchise. As will be demonstrated, the Partnership meets the criteria entitling it to the County's prior written consent transferring the Sunbelt Franchise to the Partnership. ~ ii f. AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, GEOFFREY C. GILL, the unders~gned au~hor:cY, persv,-al:y appeared who after being duly sworn, deposes and says: 1. That I am Executive Vice President 0: Soucheastern Cab:e ~or?, a Delaware corporation authorized to do business in Flor:da and the sole general partner of Sunbelt-Denntronics Cable, Ltd., a Florida Limited Partnership ("Sucbelt"). 2. That Sunbelt operates a franchised cab:e televisioc system in Palm Beach County, Florida. 3. That Sunbelt has satisfied itself by due diligence that National Cable Ltd. is a Florida limited partnership, authorized to do business in the State of Florida, and that it meets the required character, legal, financial, technical and other qualifications necessary to conduct and operate a cable television business in Palm Beach County, Florida, and to hold a cable television license in Palm Beac~ County, Florida. .. 4. That National Cable Ltd. strength and willingness to provide continuing capital for the operation of in Palm Beach County, Florida. 5. That National Cable Ltd. has show~ the ab~lity and experience, via its General Partners, National Cable Co~~unicat:v~s Inc. and National Cable Services Corp., necessary to occupy a leadership position in technical matters pertaining to cable television, as well as meeting the other qualifications and relevant criteria under Article VII of the Palm Beach County Cable Television Ordinance of 1986. possesses the financial the necessary !amount of a cable televis on system 6. That the un~ersig~e? Affiant hereby executes chis Affidavit in conjunct~on w~tn the Transferor's Application for consent to transfer its franchise pursuant to the requ~rements of Art:c:e XI, Section 5 (3) of the Palm Beach County Cable Televisivn Ord~~ance of 1986. FURTHER AFFIANT SAYETH NOT. g~"':Jl c... e:d Geoffrey C. G~ll, Executive Vice President Southeastern Cable Corp. SOSSCRIBE!l AND SWOlUi TO before me this I C+I\ day of ~ (As. + 1989. .?~ Notar Pubfic: ornmission Z;<p.ires: ( .O!." pVfue STArr M 'lINUDA ~r CO,,"IlSl01 U, Sf" 11.1110 IOItOCO Tt:~u U!!.... lIS. V50. 2 o Section 5(CI CIRCUMSTANCES MOTIVATING PROPOSED TRANSFER. The Partnership is a new entity which will be managed by the Gener Partner, NCSC, The Ordinance requires that an entity desiring to opera cable television systems in the County must have a franchise prior such operation. The Partnership has,been formed to acquire the N system and franchise, and Sunbelt- system and franchise, and operate both systems under one franchise with the County's pri consent. Since the Partnership is a new entity, the franchi: currently in the name of Sunbel t, must be transferred to the n. entity, the Partnership, in order to comply with the Ordinance. Section 5 (Dl FINANCIAL STATEHENT~. The financial statements of SUnbelt (the "'Transferor"') are attache hereto as Exhibit "'2"'. There have been no adverse changes in n financial condition of Sunbelt. Sunbelt agrees to submit a financia statement ShOwing its financial condition as of the date of th closing of the transfer of its cable television systems to Nationa Cable Ltd., Transferee, such financial statements to be submitte within ninety (90) days of said Closing. In addition, SUnbelt agrees that its bOoks and records will be mad available to the County for a period of one (1) year from the date 0 transfer approval, for the County to inspect as described in Sectiol SID) of Article XI of the Ordinance. Section 5 (B) PUBLIC BENEPIt. The pUblic convenience, safety and general welfare will be served bI the approval of this Application for the following reasons: 1. The Palm Beach County cable teleVision subscribers who will be served by the Partnership, and its General Partner, will continue to be provided with quality cable television services and diverse choices of information and entertainment. 2. The Partnership will be required to, and shall, provide quality cable TV service to the residents of Palm Beacr. County pursuant to the Ordinance. 3. The Partnership qualifies under all requirements and criteria for transfer approval. Section 5(1") FINAL ACCOONTINq. . Sunbelt agrees to submit t~the County a final accounting and report of franchise fees as set forth in Article XI of the Ordinance within ninety (90) days of the County's approval of this Application and transfer of the SUnbelt Franchise to the Partnership. 3 Section 6(A) TION. SECTION 6 OF ARTICLE XI - TRANSFEREE'S APPLICATION AFFIRMATION OF IDENTIFICATION OF OWNERSHIP REPRESENT~ National Cable Ltd. that the identification SUnbelt-Denntronics Cable Application, are true and the Transferee (the "Partnership") affirm and ownership information pertaining t Ltd., the Transferor, as set forth in thi correct. Section 6 (B) RESPONSES TO ~ CRITERI~ SET FO~TH IN ARTICL~ THE ORDINANCE SPECIPI ALLY !L__IONS 31C , 4. 5 _ 6, 7, 8, 9_ AND 12. Section 31Cl of Article VII. The Partnership is acquiring all of the cable television system: currently owned and operated by Sunbel t and intends to continue t( improve the cable television operations and services currently be in, provided by Sunbelt. Accordingly, no adverse or material changes arE anticipated to occur as a result of this transfer with respect to an; disruptions to public or private property. There will be no potentia: conflicts with any utilities or disruption to rights of way or anl inconvenience to the public, including vehicular travel. In summary, no adverse or material changes are anticipated to occur as a resul t of this franchise transfer. There will be pole attachment agreement~ in effect for both Florida Power' Light and Southern Bell in compliancE for all aerial cable attachments in Palm Beach County to be operatec by the Partnership. The Partnership will ensure full cooperatior with all utility companies in utiliZing the public rights of way ir Palm Beach County. Any further construction plans will be developec to cause a minimum amount of inconvenience and disruption to the public and private properties. Impediments to vehicular travel frorr disruption to rights-of-way will be kept to an absolute minimum. All such construction plans will be available by inspection by the County upon reasonable notice. VII 0 10 , 1 SECTION 4 OF ARTICLE VII - SCOPE AND CONTENTS. The cable television systems owned and operated by Sunbelt whic~ are being transferred to the Partnership and which are the subject of this franchise application, are new, modern, efficient, cost effective and state-of-the-art cable television systems. The PartnershiF intends to continue to update and make the systems as efficient as economically feasible, taking into account any changing technology and new developments in the cable television industry. A majority of the system, as currently constructed, is 54-Channel capable, and the entire system is addressable and pay-per-view capable. This franchise transfer application is not a situation where an antiquated system is being acquired and/or transferred to a new company. Rather, Sunbelt has been operating a state-of-the-art system, a majority of which is addressable and pay-per-view capable, and the Partnership will continue to operate such state-of-the-art systems in the future. <4 i' . SECTION 5 OF ~RTICLE VII - LEGAL QUALIFICATIONS. (A) Identification of Aoolicant. Applicant/Transferee: National Cable Ltd. 7378 Lake Worth Road Lake Worth, FL 33407 (407-439-5970) Attn: Geoffrey C. Gill counsel Patrick J. Casey, Esq. Boose, Casey, Ciklin, Lubitz, Martens, MCBane & O'Connell 515 North Flagler Drive West Palm Beach, FL 33401 ( 407-832-5900) (B) Ownershio Information. (1) Not applicable, since Applicant is not a corporation. (2) Not applicable, since Applicant is not a corporation. (3) If a partnership, provide identification and ownership interest for all general partners and limited partner holding a twentY-five percent (25\) interest or more; Transferee: National Cable Ltd., Limited Partnership National Cable Communications, Inc. (.05\) 7378 Lake Worth Road Lake Worth, FL 33407 a Florida General Partners: National Cable Services Corp. (.05\) 7378 Lake Worth Road Lake Worth, FL 33407 Attn: Geoffrey C. Gill National Cable Colmunications (81.00\) 7378 Lake Worth Road _ Lake Worth, FL 33407 Attn: Geoffrey C. Gill SUnbelt-Denntronics Cable Ltd. (18.00\) 7378 Lake Worth Road Lake Worth, FL 33407 Attn: Geoffrey C. Gill (4) Not applicable, since Applicant not a proprietorship. Limited Partners: 5 HFIO),VlT ),NO CERTIFIC),TE OF LIMITED P)'RTNERSHIP PURSU),NT TO FLORID)' ST),TUTES, CH)'PTER 620 THE UNDERSIGNED, being desirous of forming a limited partnership pursuant to the provisions of the Uniform Limited Partnership Act of the laws of the State of florida, Florida Statutes, Chapter 620, hereby swear to, make and sign the following certificate for that purpose. 1. The name of tle limited partnership is: NATIONAL CABLE LTD. 2. The street address )f the initial registered office of the Limited Partnership is: 7378 Lake Worth Road Lake Worth, Florida 33467 3. The name of the initial registered agent of the Limited Partnership is: Geoffrey C. Gill. 4. The name and address of the General Partners are: NATIONAL CABLE COMMUNICATIONS, INC., authorized to do business in Florida as National Cable Corp. 7378 Lake Worth Road Lake Worth, Florida 33467 NATIONAL CABLE SERVICES CORP. 7378 Lake Worth Road Lake Worth, Florida 33467 5. The mailing address for the Limited partnership is: National Cable Ltd. 7378 Lake Worth Road Lake Worth, Florida 33467 6. The latest date upon which the Limited Partnership is to , dissolve is December 31, 2029. 7. The amount of the capital contribution of the Limited Partners are: NINETY DOLLARS ($90.00). . 8. The amount of capital contributions anticipated to be contributed by the Limited Partners is One Million Dollars ($I,OOO,OOO.OO) . .~ t I , JI IN WITNESS WHEREOf, the aforesaid General )taltn~rs has hereunto affixed its hand and seal this "II t, day of 1\(I;S+, 1989, and does hereby swear to the fact that all the foregoing statements are true and correct. GENERAL PARTNERS: NATIONAL CABLE COMMUNICATIONS, INC. a Delaware corporation authorized to do business in Florida as National Cable Corp. f ~, By: (1fd-lrv c.. f!::n Geoffrey . Gill Its: Executive Vice President \.. ./"(2 -~c....,~..,.. , {l, tI/~~~ ~~ c /. /-- '" NATIONAL CABLE SERVICES CORP. a Florida corporation By: ~~l~ ~ Geoffrey . Gill Its: Executive Vice President STATE OF FLORIDA SS COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, this day personally appeared Geoffrey C. Gill, Executive Vice-President of National Cable Communications, Inc., and National Cable Services Corp. to me known to be the person described in and who executed the foregoing instrument and be acknowledged before me that he executed same. SUBSCRIBED AND SWORN TO hefore me this('f~l\ day of August, 1989 /: '-~"--~, -" / NOLar ~Ub~ic State of FI? ida mmlSSlon Expires: CO;,,:', ":'!lIC UU C1 FlO:tIOA 1.( C=,.~::Stc:t .., 50'1 l',l"J Cij!l;.:O milil .:: .:UL 11$, U:D. ACCEPTANCE OF REGISTERED AGENT Having been named to accept service of process for the above stated Limited Partnership at the place designated in this certificate, I hereby agree to act in this capacity, and I further agree to comply with the provisions of all statutes relative to the proper and complete performance of my duties. ~iCW~ ct1I GEOFFREY C. GILL 3 EXHIBIT 2 ---------- , SUNBELT-DENNTRONICS CABLE, LTD. BALANCE SHEET JUNE 30, 1989 (unaudited) CASH AND,BANK PROPERTY, PLANT & EQUIP - COST ACCUMULATED DEPRECIATION PREPAYMENTS & OTHER ASSETS INTANGIBLE ASSETS - NET ASSETS $22,000 4,686,000 -2,346,000 152,000 496,000 TOTAL ASSETS ------------- $3,010,000 ------------- ------------- BORROWINGS ACCOUNTS PAYABLE ACCRUALS & OTHER LIABILITIES AFFILIATED COMPANY DUE TO PARTNERS LIABILITIES 1,890,000 40,000 264,000 2,063,000 2,181,000 TOTAL LIABILITIES 6,438,000 PARTNERS' CONTRIBUTIONS REDEMPTION OF LTD PARTNERSHIP UNITS TOTAL ACCUM EARNINGS (LOSSES) TOTAL LIABILITIES & EQUITY EQUITY 1,717,000 -865,000 852,000 -4,280,000 $3,010,000 ------------- ------------- /- EXH!BIT 2 ---------- SUNBELT-DENNTRONICS CABLE, LTD. INCOME STATEMENT FOR THE SIX MONTHS ENDED JUNE 30, (unaudited) 1989 REVENUES: BASIC SERVICE PREMIUM SERVICES SHOWCASE PAY PER VIEW ADDL OUTLETS REMOTES INSTALLATION & OTHER TOTAL REVENUES COSTS & EXPENSES: PROGRAMMING & COPYRIGHT PLANT & TECHNICAL CUSTOMER SERVICE SELLING & MARKETING ADMINSTRATIVE TOTAL OPERATING INCOME MARGIN OTHER INCOME (EXPENSES _): GAIN (LOSS -) ON SALE OF ASSETS INTEREST INCOME INTEREST EXPENSE: BORROWINGS SHAREHOLDERS AFFILIATED COMPANY MANAGEMENT FEES DEPRECIATION & AMORTZATION TOTAL OTHER NET INCOME (LOSS) $271,000 87,000 47,000 4,000 18,000 35,000 35,000 ------------- 497,000 ------------- 79,000 55,000 40,000 33,000 44,000 ------------- 251,000 ------------- 246,000 49.5% 47,000 7,000 -179,000 -101,000 -103,000 -25,000 -451,000 -805,000 ($559,000) ============= EXHIBIT 3 ~ . , - .:: ~ ~c <5 S ~ . :~ ~ z ') ~. '" s O~., ~ . " :; " ~ ~ . <; o~ ~ c . ~ <5 " " ~ . .. z . ~ ~ . 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" ;" ~ ~ ~ ~ ~ gOlS tfl ~V~ ~ ~ ~ ~~ IDrpllrtoulIt of ~tutl' ~\ ~ m ~ ~ ~A~ I m ~ I certify that the attached is a true and correct copy ;of the ~~ a~~ Affidavit ~nd Certificate of limited Partnership of NATIONAL' CABLE ~ gn\li . r;/( ~ L TO. a Limited Partnership organized under the Laws of the ~tate of ~ tiil~ Florida. filed on August 10, 1989, as shown by the records 'of this tf( ~ ~ ~ ~~ ~ ~ 5 ~ ~ ~j ihe document number of this Limited Partnership is +28740. ~} a~ I ~ ~~ ~~ ~ ~ -~ ~ ~ ~i~ ~ ~ ~ ~ ~ ~ ~ Ie ~ ~ ~ n lBibtn unbtr I11p banb anb tbe 1 im ~~ lli'Ill'al ~rill of lJ,Je ~lalr of.1loribll, a~ gfIj at ~lIl1billtltrr. tbe €apitnl, tbis tbe tff ~ 11 th bap of August,' 989. ~ ~ I ~ n ~ ~ i ~ ~~ .2 ~_.-J I ~Q ~ ~ ~~-:. . - - .. - .-<!-:";;'- -............!.... V'i &0 c~ W1l , ./ 1Jim ~mitlt. n ~ij CR2E022 (8-88) $erretllrv of $bde n ~cfi~~~_~~ci~__~~~ ,. I , ! OCT-19-S9 TI-/U I , 11:10 BOOSE CASEY PO. a ~ ,J },FFID!VIT AND CERTJ'tCAT.~ or ,LtM1TEO PARTNERSHIP PURSUANT TO FLOFID1 S'I'AT.UTE~C!I}'PTER 62.Q. ----=.-=-:-- I , ! i. ; ! THE UNDERSIGNED, being desirous of forming a limited partnership pursuant to the piovisiollS of ~he Uniform Limited Partrership Act of the laws of the state of florida, Florida statut,s, Chapter 620, hereby swear to, make and sign the following cert~ficate for th a t pu rpos'e . 1. The name of the limit~d partnership is: NATION},L CABLE LTD. 2. The street address of the initial registere4 office of the Limite~ Partnership is: 737S Lake Worth Road I Lake Worth, Florida 33467 3. T~e name of the initial registered agent of ~he Limited Partners1ti-p, is: Geoffrey C. Gi,ll. 4. The name and address ~f the General Partners 4re: r i NATIONAL CABLE COMMUN~CATIONS, INC., authoriz~d to do bu~iness in Florida as. National Cable Corp. ' 7378 Lake Worth Road ~""'V'l c:; Lake Worth, Florida 3,3467 ~~ ~ I :r-:;o , .~..., ~ ...... NATIONAL CASLE SERVICES CORP. j;.~ C> ..:1 7378 Lake Worth Road . ~::;) _ r Lal,ce Worth, Florida 33467 }..,--< 0 fT1 rno 0 . .." ;: 5. The mailing address for the Limited partnership~: ~ I ~~ 0 I Or"'1 l;A I ~~ 1 I 6. The latest date upon which the Limited Partner~hip is to dissolve is December 31, 2029. ; 7. Th:e amount of the ca~i tal contribution of t~e Limited Partners are: NINETY DOLLARS ($90.00). I 8. Th~ amount of capital' contributions anticip~ted' to be contributed I by the Limi ted Partners is One. Mill iop Dollars ($1,000,000.00). .. Na~ional Cable Ltd. 73?8 Lake Worth Road La~e Worth, Florida 3~467 OCT-19_:=:';;. Tt-;tU 1 11 BOOS;e;: CASE" po _ l2'l1 i . i ~! IN WITNESS WHEREOF, the aforesaid General Pa tn~rs has hereunto affixed its hand and seal this Cl-4I\ day of ~t(~, 1989, and does hereby swear to the fact that all the foregoing statements . I . are true and correct.: ; i I ~ENERAL PARTNERS: \. , , N~TIONAL CABLE COMMUNICATIONS, INC. a; Dela~are corporation authorized to do business in Florida as National Cable Corp. ,.. By: -.f!.u~ c.. ~:t.P , . Geoftr-~. Gill Its: Executive Vice P~esident 'i ~~(""IXj (2., t.I~U.~L 3~?-=~.- , N~TIONAL CABLE SERVICES CORP, a' Florida corporation STATE OF FLORIDA ) ) SS COUNTY OF PA'LH BEACH ) BEFORE, ME, the undersigned authority, this day personally appeared Geoffrey C. Gill, Executive Vice-President of Naqonal Cable Communications, Inc., and National Cable Services Corp. to me known to be ~he person described, in and who executed the, foregoing instrument and be acknowledged ,efore me that he executrd same. SUBSCRIBED ~D SWORN TO! I before Ine th'!'SCtH\day ot August, 1989 Br:G~~.i Gi){~ Its: Executive Vice P,esident I ! ~..:/~~.-j.-,.......... "- - ~ ~I ':/ r -~~.-.........-<.......... Notar Publip State of Fl . 'i-€ 1ssio\'1 Expires: tOllRY "'Ille UAli er tLonOA ,;'( CI.';;!:r:SjC~ 'Iii' ~Hr 1.o.lJ~;) (.c.~:.~O TlIllU c:r.:UL 11$. u:;o. ...~ ~.'.~...,..~' ., ~.:;'",,",~..,__..__..:::::o. , . OCT-19-8'30 THU ! 1 1 1 BOOS~ CASEY P.421-; . '. ; . l l" \. ~cg~iTA~CE OF REGISTERED AGENT I , Having been named to accept service of process for the above stated Limited Partnership at the place designatep in this Certificate, I hereby agree to act in this capac~'ty, and I further agree to comply with the provisions of al statutes relative to the proper and complete performance of my uties. I gtC~ ~ GEOFFR,'EY C. GILL -- ~ ,3 I OCT-1'9-8'9 THU OCT-iSo-as. TH 1: 13 BOOSE[ CASE' 1 0 : 3 ~ t-.t A T ,1 0 t..j A L c...... A B L e: I F' _ 1 p . ! SENT BY:Xerox T.le~oPl.r 70a, 110-'8-88 l'O:~aAM 30t7047?O~" ROO QER , fl\1!.l). 11. ,)"'~'l).'" <C;0I'r"'~'1 OF FLORICA, XNq. SUITS 2400 ONE FINANCIAL PLAZA FORT LAUDe~DAL~. FL 33394 ...10/1SI ~~1Jl!i~1t~1jgiiiD~~AUR~~~'1fof~ I COMPANIES AFFOROINq OOVERAGR eo~t ev"oOOE e ",.,v.;y A L~Tn~ COMPANY B 1..II,rTEA nlt.fIIl In II. u,....:ar\r. ~.l!. INSUR. NtlUol'lal C.blt CIlI!lll\uI'l1c~Uonl, n,a Loki Wortri Lah "'o.,.ih Inc. Roed FI. tn~ur..n". Ca. ;J;,Hb7 ~~ THIS 11 TO CfRTltT THAT PO~ICI~S OF INIURANe~~T~O BeLOW H"ve' I~N IUUEO TO THe INSUR6~ NAM!:O ~DOY;; FOR'TH' POLlCT PEAIOO j~lO~ NOT~'ITHIT"NO'NO ANY ReQUIREM!NT. TEAM OR ~~ON OF ANY OONTRACT OR OTHER O-~CUM NT \I'lTM eSpeCT TO WHICH THIS OEATIF An De IE veOOR MAT PlATAIN. THlIllleuAANCE Al'F:O YTIIE POL1CIU onORllEO HERllN 18 9~ Jeer TO LL T~i TERM', lXOi-VSIONS, A 0 e< TION OF IUO" 'OI.ICIES, W"'TI tHllWII MAY V( . /I RIDUCED DT '1.'0 O\.AI!o\G. . , , ~ TTPE QF i~SUAANQ~ POLIQV NUMBER :mCMi:jX;~ 'd',~~~J~;;tJIW ~!'L \.1>,11'& IN TIIoueANPI QINfAAL~I^SIIJTY ,Gl..R90B6SIH l)/Ol/B9 I)/01/90'1~\!''\i.A~ ca.lll eOMMmlAL W/tllAi. ,IAII,IT'I ,~glle"S'(OM"OPt U:llCA1t a_ i', Cl.l!'JIIMIC r'V1ociUftl\l~C1 II!11H'i.',4MAII~iOJljJVIY U. '/INtII1l eoiITAA.P~':'E~ LlCH ~CURrtK'.. , "'l CA~.\4 {A1I/1ll1 "All i ~/g':.I. ~NIII !II!( '111CWI BA!"'36,ue 5/01/99 5/01/90 I~~rrll ,,'~ s m14lq c..~ S WORKfR" CllMPeNSATlON , ANO l IMPLD,eAS' ~1"CI~Ii" OTHIR Cabll T,hvhhl'J LhbHitll I , we13514e7~61 - S '/01199 5/01/90 '" q OCq. ... S 1000 $ " : ~ , D/OSlG'i' tl/O 1/90 IW'I/'O'V CucuauA81',ITV t, HAUFS16060 UMBREl.LA FORM O~A THAN UlmmA FOAll . 5 <<A:lI~1 I'lQ.O(ll,lt/.S~ ICtltlle.!,l: ~DL.167e7e 10/03169 6/03/'0 > I 1000 I I ~lo\.e$/RE5 RIOTI ~itw 0' Pilrov Si~,h 100 NW ht Ave. 'HClII~D ANY 0' Ttil Alo.... OUClIIICD ,01.101 II eAHCIU!D UFDI\I 1 '1IIo\'I'I0N DATI THUlo" THI tclU1NQ ~M'!oHf W1L.1. .ND....VC MAlI. 3rJ#'YI WI\JT!1:N NOl101 ~ tIC elll 'ICAn MOLO!A NM!Ul ' U!I"T, tVT 'AlLU~' TO MAll. 'VeH NOTICr I IMJlQIC NO OIUQATI .- .-- - - '. -- , . .. .- ..... ..,- ~ , ORDINANCE NO. 67-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH SIX (6) PARCELS OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF WEST ATLANTIC AVENUE AND MILITARY TRAIL, LYING WEST OF WHATLEY ROAD, REDEFINING THE BOUNDA- RIES OF SAID CITY TO INCLUDE SAID LAND, PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND, PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND SC (SPECIALIZED COMMERCIAL) DISTRICT, IN PART, PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE. WHEREAS, Delta Petroleum Corporation is the fee simple owner of the North 240 feet of the West 256 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the South- west Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida (LESS the North 40 feet road right-of-way), and, WHEREAS, Delray West Plaza Partners Ltd. is the fee simple owner of the Southerly 663.83 feet of tlhe North 697.53 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Town- ship 46 South, Range 42 East, Palm Beach County, Florida (LESS the North 240 zeet of the West 256 feet thereof), and, , WHEREAS, Forest-Atlantic Associates Ltd. is the fee simple owner of the West 179 feet of the Northerly 245 feet of the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (S~ 1/4) of Section 13, Township 46 South, Range 42 East, Palm. Beach County, Florida (LESS the North 7 feet De1ray West Road right-of-way), and, WHEREAS, Scotty's Inc. is the fee simple owner of the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) (LESS the North 7 feet De1ray West Road right-of-way and the West 179 feet of the Northerly 245 feet) and the North 5 feet of the West 36.19 feet of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, and, WHEREAS, Chase Bank of Florida and D. Douglas and Donna Douglas, Trustees, are the fee simple owners of Lots 10 and 11, Country Club Acres, according to the Plat thereof recorded in Plat Book 24, Page 10, Public Records of Palm Beach County, Florida, and, WHEREAS, JMA Properties Inc. is the fee simple owner of Lots 62 and 63, Country Club Acres 2nd Addition, according to the Plat thereof recorded in Plat Book 24, Page 10, Public Records of Palm Beach County, Florida, and, \3 f 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 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 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 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 City Commission of the City 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: PARCEL "A" The Northwest Quarter (NW 1/4) of the South- west Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; together with, The West Half (W 1/2) of the No~theast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida; together with, Lots 10 and 11, COUNTRY CLUB ACRES, according to the Plat thereof recorded in Plat Book 24 at Page 10 of the PUblic Records of Palm Beach County, Florida. PARCEL "B" Lots 62 and 63, COUNTRY CLUB ACRES 2ND ADDITION, according to the Plat ther,of recorded in Plat Book 24 at Page 10 of t:he PUblic Records of Palm Beach County, Florida. The SUbject property is located at the southeast corner of West Atlantic Avenue and Military Trail, lying west of Whatley Road. The above described parcels contain a 16.93 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereb~ declared to be within the corporate limits of the City of Delray Beach, Florida. - 2 . · Ord. No. 67-89 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 as Parcel "A" is hereby declared to be in Zoning District GC (Gener- al Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 4. 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 as Parcel "B" is hereby declared to be in Zoning District sc (Spe- cialized Commercial) as defined by existing ordinances of the City of Delray Beach, Florida. Section 5. 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 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinan9a 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 t~e part declared to be invalid. Section 9. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on final reading on this the day of second and , 1989.,' MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 67-89 C I T Y COM MIS S ION DOCUMENTATION TO: ROBERT A. BARC~, ASSISTANT ::::=i,~./t.. /7 ~ ~ J2 ~~~. . SPENCE , DIRECTOR DEVELOPMENT SERVICES GROUP CITY MANAGER VIA: FROM: CJ~j~u~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 24, 1989 WEST ATLANTIC ANNEXATION #2 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first readinq on the enacting ordinance for West Atlantic Annexation #2. If approved, second reading should be scheduled for December 12th. BACKGROUND: This is the second of the annexations along West Atlantic Avenue which are being carried out pursuant to the City's Annexation Policy. This annexation again involves the "calling-in" of water service agreement commitments. The area is approximately 17 acres in size and is developed for commercial purposes. Please see the Planning and Zoning Board's staff report for details of uses, zoning and the project analysis. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board held a public hearing on this item. There was no public comment. The Board then, on a 6-0 vote, recommended approval with GC and SC zoning. The Board commented that second reading should occur after the effective date of West Atlantic Annexation #1 (i. e. December 1st); thus, the pUblic hearing on this item should be set for the regular meeting of December 12th. RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading and set a public hearing date of December 12, 1989. Attachments: * * * Ordinance by the City Clerk Exhibit showing annexation area and proposed zoning P&Z Staff Report is available in the City Manager's Off ice , REF!DJK#52/CCWAA2.TXT P-2Ri'4H I NG B ZOj~ING BEACH BOARD CITY OF DEL RAY STAFF REPORT MEETING ~TE: OCTOBER 16. 1989 AGE/Im ITEM: IV-A ITEM: WEST ATLANTIC AVENUE ANNEXATION #2 I ,ENERAL ..... 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WEST J\TL.>.NTIC >>INEXJ\TIOll 12 . . . . Proposed Zoninq . . : _ sc . . GC. . . . (Not to Scale) . ..............................~.. - eIn IICIJIIDAIT Aerv004 Golf Coune aDd Shervoocl .. DATA: Owner.......................... V.riou., .ee .ttachment Location.......................South...t Corner of West Atlantic Av.nu. and Military Tr.il, we.t of Whatley Ro.d Property Si:te....... .......... .16.9) ACres County L.nd U.e Pl.n...........M_MH/C (Medium to Medium High Density Re.idential/Commerci.l Potenti.l) Existing City LAnd u.. Pl.n....C~rci.l .nd Sin91e Family Residential Propo.ed City LAnd Uae 'l.n....Commerci.l .nd Low Den.ity Residenth.l Existing County Zoning.........cO (General Com.erci.l) and AI (Agricultur.l Residential with a special exception) Proposed City Zoning...........GC (General C~rcial) and SC (Speci.lized Coenercial) AdjAcent Zoninq................Horth: County CO (General Commercial) to be City Ge. E..t: County CQ (General Commercial) and AR (Aqricultur.l Reaidential) a portion to be City GC. South: Weat: County AI. County CO EXisting L.nd U.e..............V.rlou., .ee p.g. 7 of the at.ff report. W.ter SerVice ................ ..b.1.tln~l~ line on the e.at alde of Milrhry Tr.U .ne! 8" line on the north aide of Atlantic Avenue, and existin9 8" .ervice line. within the Delray we.t Plaza site Sewer SerVice .................Exi.tlng maln connectln9 to and within Delray Weat Plaza from Hilitary Trail And. line on Atl.ntic Avenue .t and ea.t of Whatley Road fTr!MI \V-A :il :;::' , "'1 ~ I ~I -I .,," ~ .. I I ", I ..I'" n," ,\ 0\10~ ~ ~l. \*,\~A~ T -1.l \ )j::>/M~e .., I g i to' ,.,\~\~ ~~\ ~ I.A~'" Ir""'i' r- .) ~\ Q 1 ~\.....,... L .., ~ ~~"~\'b\a\~i :;:'\1... ,,/ ""'"' ~ I ...., ~ ..\......\~11 $.\"-\-.: ~~ J .' ,. ~ tf.\. ,\ ~ 91 ! ;I-ror ~_ 1-'\?\~\'\1\~~ .\'i\:\l!.II1 $ .,_ .. 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U . ~ I!I ., I.J.I ;! ;t;I;{ ~l ~ - ~_._ ;1/ f ~.: ;1~jL, il 1;.:0. :--::~r I O't01j ..:.. _-~:-: I ~:~==_::_ ~_ ~!I -I'i!;) ~'.,Ir!)J' T ..- _ _ _ _ _ _ _ _ III .., _-_-_ _-_-_- _ _-_- _ _- n.-" :3=:::::::::::::::::::::::::::::::::: ::::~... ....J ___-- _ _ _- _ ----i- - ---- ---- - $I '-.: ~~~~~:t~~~~~~~~~~~~~~~r ~I F- :::~:~:::::t:~~::::::::::::::::::::: $, ~: ___ __:..'" ___ ____ ----_-: II h _:_:__-:---:-::- :_-:=:::-:::_:-:::=:::::-: ~ I ____ ___ ---- ----- ill ~ ti ~I Q W ell :..:__-_--------:---:J:::ik--------------::] C;, ~ l-; _:=:=_=:=--:-:::::~:::::::=:::::=:=: ~ ~ u ~__----- __-_-_-----------:.----[,. iIll '" - :- :-:- -:-:-:--:-:-:-:--.:-.:-:-:--- "]I I::tt- ___- ~:~= ~:~=~:=~=~:~=::=~~:~:=={g-C;u~ LA:~---: -:----.:-:----:-:-:----:-:-::~ ~ ....~ :.oj;.~~:-:-::::-:-::: I w~~~~~~i3 , :i>. :/ " ~ { ORDINANCE NO. 68-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-84, PERTAINING TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, PRESENTLY ZONED TO THE SAD (SPECIAL ACTIVITIES) DISTRICT AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BY AMENDING SECTION 3 OF ORDINANCE 79-84 TO PROVIDE THAT THE DEVELOPMENT OF THE SUBJECT PROPERTY SHALL BE IN ACCORDANCE WITH THE APPROVED CONCEP- TUAL MASTER DEVELOPMENT PLAN DATED NOVEMBER 21, 1988, AND SUBSEQUENT SPECIFIC SITE PLANS AP- PROVED BY THE CITY CONSISTENT WITH THE CONCEPTU- AL MASTER DEVELOPMENT PLAN, ORDINANCE NO. 79-84, AND RESOLUTION NO. 49-85, IN LIEU OF THE CURRENT SITE SPECIFIC DEVELOPMENT PLANS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission in Ordinance No. 79-84 zoned the property to the SAD (Special Activities) District and approved a conditional use and site and development plan subject to conditions; and, WHEREAS, at the meeting of November 21, 1988, the Planning and Zoning Board considered a request for modifications to the Waterford Place (formerly Delint Center) Development of Regional Impact (DRI) , including adoption of a conceptual site plan in lieu of the effective specific site plan, and unanimously recommended that the modifications to the approved DRI be ap- proved by th~ City Commission; and, WHEREAS, at the meeting of December 13, 1988, the City I Commission considered and approved modifications to the Water ford Place (formerly Delint Center) Development of Regional Impact (DRI) to (1) replace the current site specific plans with a conceptual site plan, and (2) relocate the access to the hotel parcel as requested by the City; and, the No. WHEREAS, the approval granted by meeting of December 13, 1988, requires 79-84, the City Commission at amendment of Ordinance .. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance No. 79-84 is hereby amended by repealing Section 3 of Ordinance 79-84, and enacting a new site and development plan approval as follows: That the development of the property described in Section 1 of Ordinance No. 79-84 is to be in accordance with the approved Conceptual Master Development Plan (CMDP) dated November 21, 1988, and subsequent specific site plans approved by the City consistent with the CMDP, Ordinance No. 79-84, and Resolution No. 49-85. Section 2. Ordinance No. 79-84, force and effect. All other terms and conditions contained in not in conflict herewith,. remain in full ,4 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent juriSdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED final reading on this the in regular day of session on second and , 1989. MAY 0 R ATTEST: City Clerk First Reading Second Reading . , - 2 - , Ord, No, 68-89 C I T Y COM MIS S ION DOCUMENTATION THRU: ROBERT A. BARCINS~, ASSISTANT CITY MANAGER ~:~C~ ~EVELOP~E~T SERVICES GROUP ~fb' j.~ KbvY~~~~ {b~~ECTOR DEPARTMENT OF PLANNING AND ZONING TO: VIA: FROM: STAN WEEDON, ASSISTANT PLANNING DIRECTOR DATE: OCTOBER 16, 1989 SUBJECT: MEETING OF OCTOBER 24, 1989 MODIFICATION TO THE WATERFORD PLACE DRI (Formerly the Delint Center DRI) ACTION BEFORE THE COMMISSION: The action requested of the City Commission is that of formalizing a previous City Commission approval of two modifications to the Waterford Place DRI via approval an amendment to Ordinance 79-84 the Delint Center SAD zoning, and an amendment to the Delint Center Development Order, Resolution No. 49-85 (as amended by Ordinance 96-87). HISTORY: The City Commission at the December 13, 1988 meeting approved modifications to the Waterford Place (formerly Delint Center) Development of Regional Impact (DRI) including adoption of a conceptual site plan in lieu of the effective specific site plan. This approval 'should have included amendment of Ordinance 79-84 and Resolution 49-85 for the DRI and approval of the conceptual site plan (reduced copy attached). The two modifications which the Commission considered and approved are: 1) to replace the current site specific plans with a conceptual site plan, and 2) relocate the access to the hotel parcel as requested by the City. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this request at their meeting of November 21, 1988 and unanimously rec0mmended that the fOllowing modifications to the approved DRI be approved by the City Commission. 1. That Section 3 of Ordinance 79-84 be amended to read: That the development of the property described in Section 1 is to be in accordance with the approved Conceptual Master Development Plan (CMDP) dated November 21, 1988 and subsequent specific site plans approved by the City consistent with the CMDP, Ordinance 79-84, and Resolution No. 49-85 2. Item 28 of Resolution No. 49-85 should be amended to read: Any modification or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination of whether the chanqe(s) exceed the criteria for substantial deviations of Section 380.06(19) and therefore require a determination by the City Commission as to whether the change constitutes a substantial deviation as provided in Section 380.06(17), Florida Statutes. When required, the City Commission shall make its determination of substantial deviation at a public hearing after notice to the developer. RECOMMENDED ACTION: By motion, formally approve the Place Development of Regional amendments to Ordinance 79-84 and modifications to the Waterford Impact via approval of the Resolution 49-85. Attachments: Memo to City Clerk, June 27, 1989 a full P&Z Staff Report is available in the City Manager's Office, November 18, 1988 --- ------... ------------- MEMORANDUM To: Elizabeth Arnau, City Clerk Stan Weedon, Assistant Planning Directo~~ 1988 Delint DRI Modification From: Re: Date: June 27, 1989 The City Commission at their December 13, 1988 meeting approved modifications to the Delint Development of Regional Impact (DRI). The approval should have included an ordinance and resolutio as recommended in the staff report and a reduced copy of the conceptual site plan (copy attached). Through some overs' e, these items were never presented for Commission approval. To maintain a clear and correct record of the DRI, we sho, ld retroactively present the appropriate ordinance and resolution for formal approval. I therefore request that your off1ce prepare the necessary items for presentation to the C~ty Commission. Please call on me if you need any assistance in this matter. Thank You. cc: David J. Kovacs, Planning Director Delint File SW 89-I/Delint .:' ::,i ~~ .] ':y :jl '$f .;~ :,:-t ':~; ~. ~: :.:: .; t , J ! > , ~. .. MEMORANDUM To: Planning and Zoning Board From: David J. Kovacs, Planning Director __ d/ Stan Weedon, Assistant Planning Directo~ November 18, 1988 Thru: Date: Meeting Date: November 21, 1988 Re: Modification to the Waterford Place DRI, 1988 ITEM BEFORE THE PLANNING AND ZONING BOARD: This item involves two requested modifications to the Waterford Place (formerly Delint Center) Development of Regional Impact (DRI) . The requested modifications affect the Conditional Use Permit associated with the SAD District designation enacted by Ordinance 79-84 and the Delint center Development Order, Resolution No. 49-85. The Board's action is in the form of a recommendation to the City Commission on the two proposed modifications. SPECIFIC REQUEST: The requested modifications . are: 1) to replace the current site specific plans with a conceptual site plan, and 2) relocate the access to the hotel parcel as requested by the City. BACKGROUND: In 1987, the City considered and approved three mbdifications to the Waterford DRI (Ordinance 96-87, December 22', 1987). These modifications were: 1. A site plan modification to the multiple family residential units and attendant recreational facilities portion of the approved site plan; , An amendment to the approved cross-section for southbound S.W. 10th Avenue at Lindell Boulevard to eliminate the . southbound exclusive right-turn lane from S.W. 10th Avenue onto Lindell Boulevard. 2. , :::i :.i, .:.;, ';-;0 ;~ :::~ .<;~ .. 5 ." .~ i " :J .., 3. Amended the project phasing from hotel rooms, residential units and office square footage to an equivalent amount of vehicle trips generated in each phase. At that time, State Statutes required the City to determine whether the proposed changes constituted a substantial deviation to the approved D.R.I. as provided in Section 380.06(N), Florida Statutes. The Board's action was in the form of four recommendations to the City Commission, a recommendation regarding the level of deviation and a recommendation on each of the three proposed modifications. Subsequent to the City's consideration of these modifications, the State has amended Chapter 380 of the Florida Statutes which regulate Developments of Regional Impacts. The amendments (Chapter 88-164) involve new thresholds for modifications which are presumed to be major modifications and thus require a pUblic hearing to make the determination if in fact the proposed modification is/are major modifications. Those modifications which do not meet or exceed the thresholds as set forth in Section 380.06 (19)(E)2, do not require a public hearing to make this determination. The modifications as proposed by this application do not require a public hearing to make this determination. Therefore, the Planning and Zoning Board action is consideration and recommendation on the specific modifications requested. As a result of the amendment of the State Statutes, Item 28 of the Development Order, Resolution No. 49-85 should be amended to provide for a determination by the Planning Director as to whether a proposed modification to the DRI exceeds the thresholds and therefore requires a determination by the City Commission. EVALUATION OF APPLICANT'S PROPOSAL: It is unusual, for detailed site plans to be included in an Application for Development Approval (ADA). A detailed site plan was included with the original ADA for Waterford Place (formerly Delint Center) because it was previously prepared for the City's local review process. This plan contains specifics such as building locations, landscaping, and parking lot configurations. Presently a modification to any of these items requires a modification to the Site Plan which was approved as a part of the Conditional Use Permit associated with the SAD District designation enacted by Ordinance 79-84 and the. Delint center Development Order, Resolution No. 49-85. The proposed site plan modification has no internal or external impacts of a regional nature and the cumulative quantity of development is unaltered (is equal to the approved specific site plan). The three areas of primary development; office, hotel, and apartments, remain. ::'i :,i, .:.:, ';':i ..... <v :i ...~. ~, ! '::~j '. i ':~ :~. , t. .. .. .. .;~ .. J L , , ~:!o. ! ,;~ I :~ r. : .... ':f I " The approved DRI as subsequently modified by the City allows for the following development: Total Site Area .......................... 87.311 acres Apartments .................. 236 ....... 24.660 acres Hotel ..... Rooms............. 250 ........ 9.060 acres Lounge Dining Meeting 5,700 square feet 5,200 square feet 5,800 square feet Office Space.........600,000 square feet. 37.720 acres Recreational Area........................... .570 acres Water BOdy/Area........................... 19.370 acres The distribution of land uses and the quantity of development associated with each area is not affected by the proposed modification. The proposed conceptual site plan provides for land uses, densities, and their general locations as well as locations of travel corridors and points of ingress and egress. Approval of the conceptual site plan will allow minor site and development changes to be reviewed and approved by the City and permit application of current development standards to the site and development plans. Unnecessary review of minor site plan changes by the Treasure Coast Regional Planning Council (TCRPC) and the State Department of Community Affairs (DCA) will be eliminated (see attached letter from DCA). The role of the TCRPC and DCA in the review of changes that may have regional or state significance is not altered by this proposed modification. Staff has reviewed the original DRI and Development Order (DO) and compliance thereto as well as the status of all other site plan and zoning approvals which have been previously granted to the Waterford Place DRI. As a result of this review, we have found: 1. The SAD Ordinance (No. 79-84, October 9, 1984) approved the development with a time limit of three (3) years from the effective date of the DRI Development Order (Resolution No. 49-85, May.28, 1985). The SAD site plan and conditional use for the hotel and office portion expired on May 28, 1988. Waterford Village, the residential development received an extension in January 1988 for 18 months. The site plan and conditional use approval for Waterford Village is therefore valid until April 1989, 2. A complete failure to comply with conditions 3 & 4 (Air) of the DO (Resolution No. 49-85), pertaining to the seeding and mulching of the site after clearing, and control of unconfined emissions (blowing sand and dust) via wetting or other soil treatment, and ~, - ,::i q .:t :. '.of' " ::~~ j . $' I'; t :~ :~ . 3. A complete failure to comply with condition 10 (Drainage) of the DO (Resolution No. 49-85), pertaining to the establishment of a vegetated and functional littoral zone as part of the surface water management system and drainage canals no later than 18 months after the lakes are excavated. With regard to Item 1, it will be necessary to process development and site plans for the office and hotel portions of the DRI through the entire SAD (zoning) process. The Engineering Department has notified the South Florida Water Management District (SFWMD) and the Palm Beach County Health Department (PBCHD) of the Engineering Departments concerns relative to items 2 & 3. The SFWMD has stated that an inspector will visit the site regarding these items. The Engineering Department has notified R.E. Owens (engineering firm) that they must commence an effort to control the soil erosion immediately. The Engineering Department has approved of the use of a watering truck to eliminate blowing dust and sand on site. The revised entrance to the hotel site is a result of the extension of Germantown Road, as addressed in the attached letter to Mr. Thomas McMurrain, V.P. of Ocean properties, Ltd. from the Planning Director. The revised entrance does not affect the traffic generation rate (#' s) of the proposed hotel, therefore impacts of this modification are nonexistent. SUMMARY AND CONCLUSION: Neither the State Department of Community Affairs or the Treasure Coast Regional Planning Council have objections to the proposed modifications. There are no negative impacts associated with approving the applicants modification requests. However, the applicant has failed to abide by two of the conditions of the original approval of the DRI, and should therefore be required to comply in the future. The proposed modifications do not alter the SAD District designation enacted by Ordinance 79-84 or the Delint center Development Order, Resolution No. 49-85 (as amended by Ordinance 96-87). RECOMMENDATION: That the Planning and Zoning Board recommend Commission approve the two modifications to the (formerly Delint Center) Development of Regional conditions noted below. that the City Waterford Place Impact with the 1. That the applicant be required to comply with conditions 3 & 4 (Air) and condition 10 (Water) of the Development Order (Resolution No. 49-85), prior to I: '.' ::i :!J .:.;. ,::. :~' :::~ ::~; .-~. ~: :#'" :.i ,I " ! ~ .:: I, ' the issuance of any further building permits, and that the Code Enforcement Division be directed to inspect for compliance and enforce the conditions of the Development Order as appropriate. 2. That Section 3 of Ordinance 79-84 be amended to read: That the development of the property described in Section 1 is to be in accordance with the approved Conceptual Master Development Plan (CMDP) dated November 21, 1988 and subsequent specific site plans approved by the City consistent with the CMDP, Ordinance 79-84, and Resolution No. 49-85 3. Item 28 of Resolution No. 49-85 should be amended to read: Any modification or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination of whether the chanqe(s) exceed the criteria for substantial deviations of Section 380.06(19) and therefore require a determination by the City Commission as to whether the change constitutes a substantial deviation as provided in Section 380.06(17), Florida Statutes. When required. the City Commission shall make its determination of substantial deviation at a public hearing after notice to the developer. REF/COMP. PLAN III/WATERSR.TXT I I I;.' ~', f' I t t :::;~ ::~li .;.;. :. :-:~., .., )~. .:~ { " i J } " ;-: .* ("ROIl-lANCE NO, 69-89 AN ORDINANCE OF THE C'ITY COMrnSSION OF THE CI'l"l OF DELRAY BEACH, FLORIDA, AMENDING TITLE III. "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY f PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "DEBARMENT OR SUSPENSION OF VENDORS AND CONTRACTORS" TO INCLUDE SECTIONS 36.29 THROUGH 36.32; PROVIDING FOR THE PURPOSE AND AUTHORITY TO DEBAR OR SUSPEND VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; TO PROVIDE FOR CAUSES OF DEBARMENT OR SUSPENSION OF VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; TO PROVIDE FOR A RIGHT OF 1>.PPEAI. AND HEARING; TO PROVIDE PROCEDURES FOR REINSTATEMENT OF VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ~ITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 36, "Finance; City Property Transactions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by .,nacting a new SUbheading, "Debarment or Suspension of Vendors and CC\ntractors", to include Sections 36.29 through 36.32 to read as follows: Debarment or Suspension of Vendors and Contractors 36.29 Purpose. The Purpose of this Chapter is to establish responsibilities and to implement procedures to be followed when and if it becomes necessary to debar or suspend a vendor or contractor from doing business with the City of Delray Beach. 36.30 Authority to Debar or Suspend. (fl.) Authority. After reasonable notice to the person, firm partnerShip, or corporation involved and reasonable opportunity for same to be heard, the Purchasing Director, after consultation with the City Manager and City At.torney, shall have authority to debar a person, firm, partnership or corporation for cause from consideration for award of future contracts. The debarment shall be for a period of no more than three years. The P\~chasing Director shall also have the authority to suspend a person, firm, partnership or corporat.ion from consideration for award of contracts if there is prObable cause for debarment. The suspension shall not be for a period exceeding three months. (B) Cause for Debarment. The causes for debarment include the following: (1) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a pUblic or private contract or subcontract, or in the performance of such contract or subcontract. \5 (2) Conviction under state or federal statutes of embezzlement.. theft, forgery, bribery, falsification ~r destruction of records, rece~v~ng stolen property, or any other offense indicating a lack of business integrity or business honesty which :urrently, seriously, and directly affects responsibility as a vendor or contractor. (:3) Conviction under state or federal ant,itrust statutes arising out of the submission of bids or proposals. (4) Violation of. contract provisions, as set forth below, of a character. which is regarded by the Purchasing Director to be so serious as to justify debarment action: a. Deliberat.e failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or b. A recent record of failure to perform or unsatisfactory performances in accordance with the terms of one or more contracts 1 provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the vendor or contractor shall not be ::onsidered to be a basis for debarment. ( 5) Ref\ltation of an offer by failure to provide bonds, i nS\lrance, or other required certificates wi thin a " reasonable time period. ( 6) Refusal to accept a purchase order, agreement, or contract or to perform thereon; provided such order was issued timely and in conformance with the offer received. (7\ Presence of principals or corporate officers in the business of concern, who were principals or corporate officers within another business at the time when the other business was suspended wi.thin the last three years under the provisions of this section. (8) Violation of the ethical standards set fort.h in State Law. ( :l) Any other cause the Purchase Director determines to be so serious and compelling as to affect responsibili ty as a city contractor including debarment by anot.her governmental entity for any cause listed in this policy. (C) Decision. The Purchasing Director shall issue a written dncision t,o debar or suspend. The decision shall: (1) State the reason for the action taken, and ~ ORD. NO. 69-89 I , (2) Inform the debarred or suspended person of its rights to Administrative or jUdicial review. (D) Notice of Decision. A copy of the decisi.on for the debarment or suspension shall be mailed or otherwise f",l!nished immediately to the debarred or suspended pC.t:son, f:.lrm, partnership, or corporation and any other Pdl':ty intervenIng. 36.31. Appeals and Remedies: (A) Right of Appeal. Any person, firm, partnership or cC\rporat.i.on dissatisfi.ed or aggrieved with the notif ication of the Purchasing Director I s determination to dp.bar or suspend, must within ten (10) calendar days of such notification, appeal said determination to the City in accordance with the hearing procedures contained in this section. (B) Hearing Date. Within thirty (30) calendar days from the receipt of the notice of appeal, the City shall schedule a hearing before a hearing officer, at which time the person shall be given the opport.unity to demonstrate why the decision of the PurChasing Director should be overtllrned. (C) Hearing Procedu.re. The procedure for any hearing required by this Chapter shall be: (1 ) ( 2) (3) , ' The City shall cause to be served upon the person, firm, partnership or corporation, a notice of hearing, stating the time and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the vendor or contractor. The person, firm, partnership or corporation shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered. under direc:J examina tion, and to impeach any' wi tness regardless j of which party first called him, to testify. In any hearing before tthe hearing officer, irrelevant, immaterial or undUly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. ( 4) Wi thin thirty (30) calendar days from the hearing, the hearing officer shall complete and submit to the City and the person, firm, partnership, or corporation requesting said hearing a final order consisting of hiS/her findings of fact and cnncll.lsions of law as to the granting or denial of I the appeal. 3 ORD. NO. 69-89 (5) JI,ppeal from the decision of the hearing officer shall be by certiorari to the circui t court in ~cc(')'Cclance with the Florida Rules of Appellate Procedure. 36.32 Reinstat.ement. (A) Grounds. Request for reinstatement shall be made in wri tj,ng based Upon the fOllowing: ( 1) Discovery ~f new and material evidence not previously available; (2) Dismissal of the indictment or reversal of the conviction; (:3) Bona f ide change in sufficient to just.ify responsibility. ownershi.p or a finding management of present (B) Procedures. The request for reinstatement shall be forwarded by the Director of Purchasing to a hearing officer for a determination on reinstatement. The determination whether to reinstate shall be based on the written submission of evidence, witl}out fUI'ther hearing. Upon consideration of the written submission and any response f.rom the Director of Purchasing, the hearing officer shall make a determination whether or ~ot reinstatement is warranted under the standards set forth above. Section'2. That should any portion, paragraph, sentence, or word of this amendment be declared by a court of competent jurisdiction to be invalid, such decision shall not effect 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 in conflict herewith be the same and are hereby repealed. Section 4. This ordinance shall become effective ten (1 0 ) days after passage upon second and final reading. PASSED AND ADOPTED in regular session reading on this day of on second and final ,19_ MAYOR ATTEST: City Clerk First Reading Second Reading 4 ,)PD. NO. 69-89 [Iry DF DELRAY BEA[H CITY ATTORNEY'S OFFICE Jill ),1 I" Sf RHT, SlIlTF 4 DELRA Y BEACH, FLORIDA 33483 407/243- 7090 T,'LECOPIER 407/278-4755 NF'.MORANDUM Date: Oc~ober 3, 1989 To: John Elliott, Assistant City Manager Tad Glas, Director of Purchasing From: Su.san A. Ruby, Assh'tal"lt City Att_orney Subject: Suspension/Debarment of Vendors/Contractors Pursuant to your request, the Suspension or Debarment of Vendors and Con~ractors Ordinances has been modified to reflect your desire to have the ordinance placed in Chapter 36 where other purchasing subjects are contained. I have forwarded the origi.nal ordina.nce, as modified to Elizabeth Arnau, City Clerk. By copy of this memorandum to Malcolm Bird, Interim City Manager, our office is requesting that this ordinance be placed on an upcoming City Commission agenda. If you have backup material::; for inclusion in the agenda, please forward it to the City Manager's office. th i , cc Malcolm Bird, Interim City Manager Elizabeth Arnau, City Clerk . I J ~ I :. ~1 ORDINANCE NO. 71-89 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID L~D IS LOCATED ON THE SOUTH SIDE OF LINTON BOULE- VARD, APPROXIMATELY 600 FEET EAST OF MILITARY TRAIL, 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 POC (PLANNED OFFICE CENTER) DISTRICT, PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE. WHEREAS, Gerald M. Holland and Muriel K. HOlland, his wife, are the fee simple owners of the property hereinafter described; and, . WHEREAS, Thomas G. Purdo, as duly authorized agent for Gerald M. Holland and Muriel K. Holland, his wife, has requested by his 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 City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: A parcel of land lying on the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property is located on the south side of Linton Boulevard, approximately 600 feet east of Linton Boulevard. The above described parcel contains a 10.4 acre parcel of land, more or less, Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. (eo Section 3. That Section 173.886 of the Zoning Code has been followed in the establishment of a zoning classific~tion in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District POC (Planned Office Center) 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 pa~graph, sentence, or word be declared by a Court of competent jUrisdiction to be invalid, such decision shall not affect the' validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1989. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 71-89 . C I T Y COM MIS S ION DOCUMENTATION TO: FROM: ROBERT A. BARCIN~, ASSISTANT CITY MANAGER ~_ A" ~ .<f-p.~ D ~~~SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP Q~O~S~~aECTOR DEPARTMENT OF PLANNING AND ZONING VIA: SUBJECT: MEETING OF OCTOBER 24, 1989 HOLLAND ANNEXATION WITH P.O.C. ZONING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading on the enacting ordinance for a private annexation petition for the Holland property. The requested zoning is POCo If approved, second reading should be scheduled for November 28th. BACKGROUND: This is a private petition for approximately ten acres of land located on the south side of Linton Boulevard, east of the BocaRay Plaza. While there is no issue with respect to annexation and zoning, the staff report has identified concerns pertaining to access and the provision of utilities. These items will be further addressed when a development proposal is forthcoming. Please see the Planning and Zoning Board's staff report for details. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board held a public hearing on this item. The only public comment was from Mr. Clemmer Mayhew, agent for Mr. Holland, who expressed his support for the staff recommendation. The Board then, on a 5-0 vote, recommended approval of the annexation with P.O.C. zoning. RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading and set a public hearing date of November 28, 1989. Attachments: * * * Ordinance by the City Clerk Cover page from the P&Z Staff Report P&Z Staff Report is available in the City Manager's Office REF/DJK#53/CCHOLLND.TXT /-JLANN I NG 8 CITY OF OELRAY ~-.JNING BOARD BEACH , STAFF REPORT MEETrNG O1TE: OCTOBER 16, 1989 AGEJI09 ITEM: IV-B I TEM: HOLLAND ANNEXATION AND REZONING It 1$ ~.- -- --~ @ .. .. GENERAL .. DATA: Clloiner.. .... ................... . Gerald M. Holland Location.......................southe..t corner of Military Trail and Linton Boulevard Property Slze..................10.4 Acre. County Land Use Plan...........L~M (Low to Medium Density Reaidential) Exl.tlnq Clty L.nd U.. Pl.n....Slnql. Feally R..ldentl.1 Proposed City Land U.. Pl.n....Mlxe4 u.. of Open Space and PUblic F.cl1itle. 11n p.rt) .nd Tr.noitionol (In p.rt) , Exl.tlnq County Zoninq.........~ IAqricultur.l Re.ldentl.1) Proposed Clty Zonlnq...........Pee (Pl.nned Offlce Center) Adjacent Zoninq................North: City Pee IP1.nned Office Center) Ea.t: County ~ (Aqricultural Residenti.l). . South: City MOr (Medic.l Office 'fniITtutional) We.t: City GC (General ~ commerci.l) ~ U.e..............Sinqle f4Mily dwellinq. . couple of mobile home 8ltea, atables and livestock qrazlnq Ex1stlnq Land Water SerVice .................Exl.ting 10" I1ne on the north 8ide of Linton Boulevard and the e.at alde of Germantown Road, and eXiating 8" service lines within Sce.Ray Plaza to the Weat Sewer Service .................Exi.tinq gravity lines connecting to and within BocaRay Plaza from a lift station at the south side of the South County Mental Health Center :'rI!~I/V- .:~ ::' t ORDINANCE NO. 72-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING A PORTION OF LOT 20, IN BLOCK 1, OF DELRAY SHORES SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGES 232 AND 233, PALM BEACH COUNTY PUBLIC RECORDS, BEING IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF LAKE IDA ROAD AND DAVIS ROAD; 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; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board, at the meeting held October 16, 1989, recommended zoning and placing of land presently zoned POC (Planned Office Center) District 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: Sec,tion 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: A portion of Lot 20, in Block 1, of DELRAY SHORES SUBDIVISION, as recorded in Plat Book 24, Pages 232 and 233, Palm Beach County Public Records, being in the Southeas t Quarter of Section 7, Township 46 South, Range 43 East, Palm Beach County, Florida, and being more particularly described as follows: Beginning at the southwest corner of Lot 10, Block 1, of said Plat of DELRAY SHORES, run North 38 degrees 17 minutes 12 seconds East, along the westerly line of said Lot 10, 110.00 feet to a point; thence run North 8 degrees 28 minutes 10 seconds East, 142.80 feet to a point being the southwest corner of Lot 9, Block 1, DELRAY SHORES, thence run due north along the westerly line of said Lot 9, 110.00 feet to a point on the south right-of-way line of Lake Ida Road; thence run due west along said right-of-way 311.61 feet to a point of curvature of curve to the left, having a radius of 55.67 feet; thence run southwesterly along said curve through a central angle of 90 degrees, an arc distance of 87.45 feet to the point of compound curvature of a curve to the left, having a radius of 109.35 feet; thence run southeast- erly along said curve,. through a central angle of 44 degrees 15 minutes an arc dis- \1 tance of 84.45 feet to the point of compound curvature of curve to the left having a radius of 1300 feet, thence run southeasterly along said curve, through a central angle of 9 degrees 30 minutes, an arc distance of 215.55 feet to the point of reverse curvature of a curve to the right, having a radius of 2990 feet, thence run southwesterly along said curve through a central angle of 2 degrees 02 minutes 12 seconds, an arc dis- tance of 106.29 feet to the point of begin- ning. ' LESS that portion beginning at the platted northeast corner of said Lot 20, being also the northwest corner of Lot 9, thence run due west along the southerly right-of-way line of Lake Ida Road, 311.61 feet t9 a point of curve to the left having a radius of 55.67 feet, thence run southwesterly along said curve an arc distance of 9.96 feet to a point, thence South 89 degrees 24 minutes 33 seconds East, 321.53 feet to a point of intersection with the easterly line of Lot 20, thence due north along said east line 4.20 feet to the point of beginning. The subject property is located at the southeast corner of Lake Ida Road an,d Davis Road. The above described parcel contains 1.93 acres of land, more or less. Section 2. That the uses allowed for the subject property d~scribed in Section 1, above, pursuant to Section 173.631 of the Code of Ordinances of the City of Delray Beach, Florida, shall be as follows: Art Galleries/Cultural Institutions Banks (Financial Institutions), excluding drive-thrus Brokerage Establishments Business Offices Butcher Shops Computer Sales and Services, including hardware and software Medical and Dental Labs Photographic Studios Professional Offices Travel Agencies Educational Institutions Bakery, Retail, including take-out Barbershops Beauty Salons Dry Cleaning, limited to 1,500 sq.ft. and customer pick-up Dry Cleaning pick-up stations One (1) Food Convenience Store (one food convenience store shall be allowed on the premises) Hardware, Paint, and Garden Supplies Pharmacy TV Sales and Repairs Medical Offices Medical Equipment Antiques Bath Shops Book Stores Business Machines, including service Cheese Shops Cosmetics I - 2 - Ord. No. 72-89 Delicatessens Draperies and Slipcovers Fabric Stores Florists Gift Shops Health Foods Hearing Aids Hobby Shops (excluding firearms and ammunition) Home Furnishings Import Shops Interior Decorator Shops Jewelers Leather Goods Luggage Optical Equipment Photographic Equipment and Supplies Sewing Supplies Sporting Goods (excluding firearms and ammunition) Sta:tionery Tailoring Toy Shops Wearing Apparel and Accessories Garden Center (plants and accessories) Shoe Store (sales and repair) Print Shop/Publisher Section 3. That the development of the subject proper- ty described in Section 1, above, is to be in accordance with the site and development plans and attendant conditions as approved by the City Commission on (specific site and development plan reference, conditions of approval, and the date of approval to be forthcoming; however, in no event shall the date of approval for the conditional uses and site and development plan, as well as the second reading of this ordinance, occur beyond March 13, 1990) . 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 in regular session on second and final reading on this the day of , 19__ MAYOR ATTEST: f City Clerk First Reading Second Reading - 3 - Ord. No. 72-89 C I T Y COM MIS S ION DOCUMENTATION FROM: ROBERT A. BARCINlf!' ASSISTANT CITY MANAGER ~/(~" ~ FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP (~\ . ~~ ~~ KOVACS~~CTOR DEPARTMENT OF PLANNING AND ZONING TO: VIA: SUBJECT: MEETING OF OCTOBER 24, 1989 ALL AMERICAN ENTERPRISES REZONING - POC TO SAD ACTION REQUESTED OF THE COMMISSION: The action requested of the City commission is that of approval on first reading on the enacting ordinance for a rezoning from POC to SAD. The petitioner is All American Enterprises. The property is located at the southeast intersection of Lake Ida Road and Davis Road. If approved, second reading should be scheduled following the receipt and processing of a revised site and development plan. BACKGROUND: This petition involves slightly less than two acres of land. SAD zoning is being requested in order to provide more uses than allowed under POC zoning but less than under commercial designations. A petition to NC or LC zoning was previously processed to the P&Z Board but was withdrawn in the face of neighborhood opposition. This stage of the processing is dealing with the issue of "uses". Once the use issue is apparently resolved (i.e. completes first reading), the applicant will prepare a site and development plan which shows how the site will be modified to accommodate commercial code requirements and dedication of right-of-way for the Lake Ida Road widening proj ect. At that time development standards for parking will be established and the site plan will become a part of the enacting ordinance. In a related matter, the Planning and Zoning Boar" determined that a formal Land Use Map Amendment would no longer be necessary since second reading will not occur until after adoption of the City's Comprehensive Plan and the proposed Land Use Map designation of "Transitional" and associated policy statements accommodate the request. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board held a public hearing on this item. Public comment expressed caution but support for the limitation on uses provided by SAD zoning. Board members expressed some concerns with the list of requested uses and recommended that the following be deleted: * equipment rental * child care * furniture and appliance sales and repair * auto supply (sales). The Board then, on a 6-0 vote, recommended approval of the SAD zoning request with the deletion of the above uses and with the requirement that a site and development plan be received and reviewed prior to second reading of the enacting ordinance. City Commission L, -mentation Meeting of October 24, 1989 All American Enterprises Rezoning - POC to SAD Page 2 RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading with second reading to occur after receipt and review of a site and development plan. Attachments: * * * * Ordinance by the City Clerk List of requested uses with modifications per P&Z Cover page from the P&Z Staff Report P&Z Staff Report is available in the City Manager's Office REF/DJK#53/CCSAD.TXT PLANNING 8 ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT MEETING DATE: OCTOBER 16, 1989 AGem ITEM: IV. D. IT~: CONSIDERATION OF A REZONING FROM POC (PLANNED OFFICE CENTER TO SAD (SPECIALIZED ACTIVITIES DISTRICT), ALL AMERICAN ENrERPRI~E~. INC. , ~ ---- . . , ,. 18, 19. 20, 7 ' ,! 5 : . LE'12 . "5' 1(,. 4. 3. I 5 ' 4 1 , 114 u, -- . I I 1 I I @ GENERAL DATA: Owner..... ..................... .A11 Nnerican Enterprises, Inc. Agent. . . . . . . . . . . . . . . . . . . .. .. . . . . Roger Saberson Location....... .................Southeast corner of Lake Ida Road and Davis Road. Property Size...................1.93 Acres (84,070.8 sq. ft.) Exist~n9 City Land Use Plan.....O (Office) Existing City Zoninq............POC (Planned Office Center) Proposed City Land Use Plan.....C (Commercial) Proposed City Zoninq............SAD (Special Activities District) Adjacent Zoninq.................North of the subject property is zoned PRD-4 (Planned Residential Development District). South and west is zoned R-1A-B (Slngle- Family Owellinq DIstrict). East is zoned POC, and RM (Medium to Medium Hiqh Density Owellinq District) . Existing Land Use...............Delray Medical Center which contains Mr. Grocery, Delray Shores Pharmacy and a medical office. Proposed Land Use... ........... .Lease portions of the building to tenants consistent with the uses permitted in the proposed SAD ordinance for this property. Water Scrvicc...................Existing on-site ITEM: IV.D. , ,t ::' ~ { , \,J EXHIBIT B (}J) \j'(I \11(l.Q-h Ml~ \Iv 1m" CQ!h. ~~ r -:pre .~.'(~ ; Art Galleries/Cultural Institutions Banks (Financial Institutions). excluding Drive-Thrus) Brokerage Establishments Business Offices ~ Butcher Shops Computer Sales and Services. including hardware and software Medical and Dental Labs Photographic Studios Professional Offices Travel Agencies Educational Institutions Bakery, Retail. including take-out Barbershops Beauty Salons Dry Cleaning limited to 1,500 sq. ft. and customer pick-up Dry Cleaning pick-up stations K~aip.BRt ReRtal 1 Food Convenience Store (one food convenience store shall be allowed on the premises) Hardware. Paint, and Garden Supplies Pharmacy TV Sales and Repairs Medical Offices Medical Equipment Antiques Bath Shops Book Stores Business Machines. including service Cheese Shops Cosmetics Delicatessens Draperies and Slipcovers Fabric Stores Florists Gift Shops Heal th Foods Hearing Aids Hobby Shops (excluding firearms and ammunition) Home Furnishings Import Shops Interior Decorator Shops Jewelers Leather Goods Luggage Optical Equipment Photographic Equipment and Supplies Sewing Supplies Sporting Goods (excluding firearms and ammunition) PROPOSED LIST OF USES ,-;<: -:<:. o .~ r .( Stationery Tailoring Toy Shops Wearing Apparel and Accessories .'Y- '" Garden center (plants and accessories) "~---6hi'ld', care-- e ^"'~e 5"'!>I'-~)>"'" 'X"~ .,\~ . <>--At>J>l4ea&&s- (..alelHlftd-.....l"V.ke) , '" Shoe store (sales and repair) \'~ ~ ;~;:~~=~~~~~~~1:~:~repair , o ' u."-'. ,)Q'J di~<;J~( "" I":lOC. , NC) '" Lc. JJ/J1",c{, .~ ,. ( , It H ORDINANCE NO. 73-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN SC (SPECIALIZED COMMERCIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH STREET AND PALM TRAI L; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the SC (Specialized Commercial) District as defined in Chapter 173 of the Code of Ordinances of the City of Delray Beach, Florida, to-wit: All of a tract of land, LESS the South 250 feet thereof, situate, lying and being in Section 9, Township 46 South, Range 43 East, County of Palm Beach, State of Florida and more particularly described as follows to-wit: From the quarter section corner of the South boundary of Section 9, Township 46 South, Range 43 East, run North 0 degrees, 13 minutes, 20 seconds East, a distance of 1,746.55 feet along the quarter section line to a point on the North boundary of Lot 6, MODEL LAND COMPANY'S Plat of said Section 9, as recorded in Plat Book 8, at Page 40, Palm Beach County Public Records; thence easterly at an angle measured from North to East 89 degrees, 23 minutes, a distance of 591.06 feet tb a point; thence in a southerly direction at an angle measured from East to South of 96 degrees, 24 minutes, 24 seconds for a distance of 33.21 feet to the point of beginning of this description; thence from the point of beginning run in a Southerly direction at an angle of 175 degrees, 06 minutes, 03 seconds, measured from North to East to South a distance of 465.73 feet along the East line of Palm Trail to a point in the South boundary line of said Lot 6; thence in an Easterly direction at an angle of 88 degrees, 30 minutes, 13 seconds measured from North to East, along the Southern boundary of said Lot 6 a distance of 201.52 feet to a point of intersec- tion with the West right-of-way line of the Intracoastal Waterway; thence in a Northerly direction at an angle of 98 degrees, 07 minutes, 01 seconds, measured from West to North along the said right-of-way line a distance of 470.42 feet; thence in a Westerly direction at an angle of 81 degrees, 52 minutes, 19 seconds, measured from South to West a distance of 255.58 feet to the point of beginning. . The subject property is located at the southeast corner of N.E. 8th Street and Palm Trail. The above described parcel contains a 1.114 acre parcel of land, more or less. . {~ Section 2. That the Planning Director of said City shall, upon the effective date. of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provi- sions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED final reading on this the in re'gular day of session on second and . ,1989. MAY 0 R ATTEST: I City Clerk First Reading Second Reading - 2 - Ord. No. 73- 89 CITY COM MIS S ION DOCUMENTATION TO: ~RT A. BARCINS~, ASSISTANT CITY MANAGER ~ /?'~~~ ---- FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP ( ~~~ )O~S~~TOR DEPARTMENT OF PLANNING AND ZONING I , VIA: FROM: SUBJECT: MEETING OF OCTOBER 24, 1989 EIGHTH STREET MARINA (HENRY'S) REZONE - GC~O SC ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading on the enacting ordinance for a rezoning from C;;c.. to 'S~ The petitioner is owner of property commonly known as Henry's Marina. The property is located at the southeast corner of N.E. 8th Street (George Bush Boulevard) and Palm Trail. If approved, second reading should be scheduled for November 14th at which time there will also be consideration for related conditional use requests. BACKGROUND: This petition only involves the rezoning of the property. Approval will then allow consideration of conditional use requests for "boat sales" and "fabrication of boat paraphernalia". At the time the property was annexed to the City (an enclave annexation), G.C. zoning was imposed so that future development plans for the facility would necessitate some review by the City. 'It was not intended that the existing Marina be phased-out as a nonconforming use. Proceeding with the rezoning and then handling the associated conditional use requests based upon their individual merit is appropriate at this time. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board held a pUblic hearing on this item. There was no public comment with respect to the rezoning aspects of the request. These was Board and applicant discussion relative to the conditional use request. The Board then, on a 6-0 vote, recommended approval of the zoning request from GC to SC. RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading and set a public hearing date of November 14th. Attachments: * * * Ordinance by the City Clerk Cover page from the P&Z Staff Report P&Z Staff Report is available in the City Manager's Office REF/DJK#53/CCEIGHTH.TXT i PU\NNI NG ] I I I 8 ZONDNG BOARD --- STAFF REPORT AGENDA ITELl: IV. E. CONDITIONAL USE REQUEST FOR HENRY'S MARINA LlEETlNG DATE: OCTOBER 16, 1989 I TELl: CONSIDERATION OF A REZONING AND ~ 'BLUE SEA .~-.........-. r+ " ': ~~, :.8L . , . :' 'f:!' 8TW !~' ~.'~ f[~: EEffif} . n. ,: It'~:l:Jl:~." l'- ~. C"" ." :~.~r~~ "":., ..:....!. .~~. ... .J:; . ...........1 .,' .. Am , I' I \ ~ ; ~ if Ir.tSA 64~. Il 0171'4,'" t .. ~ I !~~~.~ .L. l'l~ .~ .' ", '"' c:.,'''~ &K.42,rG.21 I r a \.. O'Oct.. 01 ST AUQUSTIHE "SA 64'-0 : (D..091'. ".'''2): @ ~ I , < . - .- -- .... . R'r"A'~ t 'I1lNEY '. ......!.l~ GENERAL DATA: Owner.......................... .Charles Hill fgent........ .................. .Joseph Graham Location........................Southeast corner of N.E. 8th I Street and Palm Trail. trpperty Size...................1.114 Acres (48,525.8 sq.ft.) I ~xisting Land Use Plan..........C (Commercial) Proposed Land Use Plan..........General Commercial (Comprehensive Plan) Existing Zoning.................GC (General Commercial) Proposed Zoning.................SC (Specialized Commercial) ';djacent , t i . Zoning.................North of the subject property is zoned GC and RM-10 (Multiple- Family Dwelling District). South and east is zoned RM-10. West is zoned R-1AA (Single-Family Dwelling District). I I EXisting Land Use...............Marina, boat storage and service, one two-story C.B.S. building and two one-story C.B.S. buildings. Proposed Land Use...............Boat sales and detailing in addition to the existing marina uses. I I 1"ater i rwer Service............... ....Existing on-site Service...................Existing on-site I TE~: IV.' :~ ~ { I PU\NNI riG I I I 8 ZONDNG BOARD --- STAFF REPORT UEET I NG DA IE: OCTOBER 16. 1989 AGENDA ITEM: IV. E. lIEU: CONSIDERATION OF A REZONING AND CONDITIONAL USE REQUEST FOR ~ HENRY'S MARINA 'SLUE SEA .~-...... ...~... .-" 01 ST AU'USTlNE " ,. - < , ". . R'r t!A' ~ .. .. m t '\llNEY \. ~ ;' ~ ~ t .''''D'NG PG. !l.--,-- .L. jli~ " .., 'HEC~N""~ bK. 42. foG. 21 I , a , , . _ ~~l-=-- ~ I "SA 64'.0 : (DI 1091, ft.,..Z): @ ~ I , , I' I "'SA 6<4~. 01 n4,'" .. - .- -. .... '. GENERAL DATA; Q'wner. . . . . . . . . . . . . . . . . . . . . . . . . . . Charles Hi 11 Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Joseph Graham I Location........................Southeast corner of N.E. 8th I Street and Palm Trail. ~rpperty Size...................l.114 Acres (48,525.8 sq.ft.) I Existing Land Use Plan..........C (Commercial) , , , Proposed Land Use Plan..........General Commercial (Comprehensive Plan) Existing Zoning.................GC (General Commercial) Proposed Zoning.................SC (Specialized Commercial) Adjacent , t I . Zoning.................North of the subject property is zoned GC and RM-10 (Multiple- Family Dwelling District). South and east is zoned RM-10. West is zoned R-1AA (Single-Family Dwelling District). EXisting Land Use...............Marina, boat storage and service, one two-story C.B.S. building and two one-story C.B.S. buildings. Proposed Land Use...............Boat sales and detailing in addition to the existing marina uses. I ~ater Service.................. .Existing on-site I $ewer Service. ........... ... ....Existing on-site I I rEU: IV,. t i I I ! ORDINANCE NO. 74-89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 1 7 3, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.143, "DENSITY REGULATIONS 1 EXCEPTIONS FOR DUPLEXES" , BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETYl BY AMENDING "RM-10 MULTIPLE FAMILY DWELLING DIS- TRICT", SECTION 173.183, "DENSITY REGULATIONS 1 EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSEC- TION (A) (3) IN ITS ENTIRETYl AND BY AMENDING "RM-1S MULTIPLE FAMILY DWELLING DISTRICT" , SECTION 173.223, "DENSITY REGULATIONS 1 EXCEP- TIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETYl PROVIDING A GENERAL REPEALER CLAUSEl PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-6 Multiple Family Dwelling District", Section 1 7 3 .143, "Density Regulations 1 Exceptions For Duplexes", Subsec- tion (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 173.143 DENSITY REGULATIONS 1 EXCEPTIONS FOR DUPLEXES. (Al The minimum lot or parcel of land shall be . as follows: (1) First two units 8,000 sq.ft. 8,890 ~q.ft. t.Wr/J f!00t" (2) Each additional unit ^21//Mt*~~~~/fl66ts Section 2. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-10 Mul,tiple Family Dwelling District", Section 173.183, "Density Regulations 1 Exceptions For Duplexes", Subsec- tion (A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 173.183 DENSITY REGULATIONS 1 EXCEPTIONS FOR DUPLEXES. (A) In the RM-10 District, the minimum lot or parcel of land shall be as follows: (1) First two units 8,000 sq.ft. 4,445 sq.ft. t.'Atee flr/J6ts (2) Each additional unit ^21//Mt*~~p~/fl66ts \9 Section 3. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "RM-15 Multiple Family Dwelling District", Section 1 7 3.223, "Density Regulations; Exceptions For Duplexe s", Subsec- tion (Al, of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 173.223 DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES. (A) The minimum lot or parcel of land in the RM-15 District shall be as follows: (1) First two units 8,000 sq. ft. 2,735 sq.ft. t'nteM UU';' ~enUal tl6MMilU'n altttJ.t.U1.'/J.V;t! 6f. t6'/J.t/ tl6Mt, tdletA}.J. (2) Each additional unit ^$I//~A*LmPtt/tl66tt, Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall iecome effective immediately upon passage on second and final read1ng. 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 Second Reading - 2 - Ord. No. 74-89 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ROBERT A. BARCIN~I, ASSISTANT CITY MANAGER ~~~~ .. FRANK R. SPENCE, DIRECTOR ~~~LOPMENT SERVICES GROUP ~j UU~ DAVID J. KOVACS, DIRECTOR 1 DEPARTMENT OF PLANNING AND ZONING , VIA: FROM: SUBJECT: MEETING OF OCTOBER 24, 1989 TEXT AMENDMENT - ZONING CODE, LIMITATION ON FLOORS ACTION REQUESTED OF THE COMMISSION: . The action requested of the City Commission is that approval on first readinq on the enacting ordinance text amendment to the zoning code. of for a BACKGROUND: This item involves the correction of an apparent oversight whereby certain provisions of the zoning code which should have previously been deleted have not been. Please see the P&Z Board staff report for further explanation. There are three sections involved. They involve a limitation on the number of floors which are allowed in a structure under RM-15, RM-10, and RM-6 zoning. Since the code has been changed to eliminate this standard in the RL, RM, and RH districts and the height regulations have been changed to related to "feet" as opposed to "stories" or "floors", it appears appropriate to make the deletions. ' PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered this item. After brief discussion, the Board, on a 5-1 vote with Coopersmith dissenting, recommended approval of the proposed text amendment. RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading and set a public hearing date of November 14th. Attachments: * * Ordinance by the City Clerk P&Z Staff Report REF/DJK#53/CCFLOORS.TXT C I T Y COM MIS S ION DOCUMENTATION TO: ROBERT A. BARCIN)fI, ASSISTANT CITY MANAGER ~<<:.~~ ~ FRANK R. SPENCE, DIRECTOR ~ELOPMENT SERVICES GROUP ~j UUODi- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING . VIA: FROM: SUBJECT: MEETING OF OCTOBER 24, 1989 TEXT AMENDMENT - ZONING CODE, LIMITATION ON FLOORS ACTION REQUESTED OF THE COMMISSION: ~ The action requested of the City Commission is that of approval on first readinq on the enacting ordinance for a text amendment to the zoning code. BACKGROUND: This item involves the correction of an apparent oversight whereby certain provisions of the zoning code which should have previously been deleted have not been. Please see the P&Z Board staff report for further explanation. There are three sections involved. They involve a limitation on the number of floors which are allowed in a structure under RM-15, RM-10, and RM-6 zoning. Since the code has been changed to eliminate this standard in the RL, RM, and RH districts and the height regulations have been changed to related to "feet" as opposed to "stories" or "floors", it appears appropriate to make the deletions. . PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered this item. After brief discussion, the Board, on a 5-1 vote with Coopersmith dissenting, recommended approval of the proposed text amendment. RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading and set a public hearing date of November 14th. Attachments: * * Ordinance by the City Clerk P&Z Staff Report REF/DJK#53/CCFLOORS.TXT ORDINANCE NO. 75-89 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING 'JWrTLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE" , "SPECIAL USE REQUIREMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.073, "TOWNHOUSES AND TOWNHOUSE DEVELOPMENTS", BY REPEALING SUBSECTION (B), "YARD REQUIREMENTS", IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (B), "YARD REQUIRE- MENTS", TO PROVIDE THAT THE YARD REQUIREMENTS FOR TOWNHOUSES SHALL BE THE SAME AS THOSE FOR ANY MULTIPLE FAMILY STRUCTURE WITHIN THE ZONING DISTRICT IN WHICH THE. TOWNHOUSE DEVELOPMENT IS LOCATED; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XVII, "Land Usage", Chapter 173, "Zoning Code", "Special Use Requirements", Section 173.073, "Townhouses and Townhouse Developments", of the Code of Ordinanc- es of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing Subsection (B), "Yard Requirements", in its entirety, and enacting a new Subsection (B), "Yard Re- quirements", to read as follows: (B) Yard requirements. The yard requirements for townhouses shall be the same as those for any multiple family structure within the zoning district in which the townhouse development is located. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence" or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upop passage on second and final reading. PASSED AND ADOPTED in regular session on final reading on this the day of second and , 1989. MAYOR ATTEST: City Clerk First Reading Second Reading ~ C I T Y COM MIS S ION DOCUMENTATION TO: ROBERT A. BARC~T CITY MANAGER ~P~E' DIRECTOR DEVELOPMENT SERVICES GROUP ("\ '0~~'-.)~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF OCTOBER 24, 1989 TEXT AMENDMENT - ZONING CODE, TOWNHOUSE REGULATIONS ACTION REOUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading on the enacting ordinance for a text amendment to the zoning code. BACKGROUND: This item involves the correction of apparent conflicts between the setback requirements in base zone districts and the special cegulations for townhomes. Please see the P&Z Board staff report for further explanation. Under current code provisions, a building under condominium ownership and an identical structure under fee ownership must have di.fferent setbacks in some circumstances. The basis for different setbacks should be based upon physical aspects of the structure and not upon the method of ownershipl thus, this corrective code amendment has been brought forward. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered this item. After brief discussion, the Board, on a 6-0 vote, recommended approval of the proposed text amendment. RECOMMENDED ACTION: . By motion, approval of this enacting ordinance on first reading and set a public hearing date of November 14th. Attachments: * * Ordinance by the City Clerk P&Z Staff Report REF/DJK*53/CCTOWN.TXT PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH FROM: l\... ./ C\..~ / (J ~ '-A~ D~ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBECT: AGENDA ITEM VI.E * REGULAR MEETING OF OCTOBER 16, 1989 TEXT AMENDMENT RE SETBACK FOR TOWNHOMES ITEM BEFORE THE BOARD: The action requested of the Board is that of making a recommendation on a proposed text amendment to the zoning code. This is a staff initiated item. The amendment involves the subject of setback requirements for townhomes. BACKGROUND: 173.073 provides "special use requirements" for "townhouses and townhome developments". Included within these requirements is the fOllowing: "(B) Yard requirements. (1) Front Yard. No principal bUilding or structure shall be located closer than 25 feet to any street line, including side streets. (2) Side and Rear Yards. No principal bUilding or structure shall be located closer than 25 feet to the side or rear line of the development site." These requirements are in addition to those found under the underlying or base zone district e.g. RM. Within the multiple family zoning districts the following setbacks apply: District Front Side St. Side Int ~. RL 25 25 15/20* 25 RM-6 25 25 15 25 RM 25 25 15 25 RM-10 25/30# 25/30# 15/25# 25 RH 25/30# 25/30# 15/25# 25 RM-15 25/30# 25/30# 15/25# 25 -Vi C ::~ j :. P&Z Staff Report Text Amendment Re Page 2 setback for Townhomes # one story and two story structures two story and three+ story structures * The PRDs provide for setbacks of multiple family structures as shown in the RH above. They then refer to the special regulations for townhomes for those setbacks. Thus, the townhome setbacks become less restrictive for structures greater than two stories with respect to front and side setbacks but more restrictive for side-interior setbacks on structures of two stories or less. Finally, "townhouse" structure; thus, the seem appropriate. is a form of ownership of a multiple family imposition of different setbacks does not . ANALYSIS: When looking at all relevant and some apply to mUltiple only to townhomes. to totally redo or only with the issue the requirements in 173.073, some do not seem duplicative. In other cases they should family development of any sort as opposed However, the intent of this amendment was not eliminate that section; thus, we should deal at-hand i.e. the setback issue. It does not appear that there is rational or consistent reason for the imposition of setbacks on townhomes as being different from those established I for other multiple family housing in a specific zoning district. Thus, it is recommended that they be eliminated. I By motion, based upon al finding that there is no apparent basis for a differentiation between setbacks for townhomes as opposed to other forms, of mul t~ple family housing .l. _' ~_. L. forward a recommendation to the lity Commission that the following code amendment be enacted: Delete subsections (1) and (2) under 173,973(B) and replace wi th the following:1 ! "The yard requirements for townhouses shall be the same as those for any mUltiple family structure within the zoning district in which ~he townhouse development is located." RECOMMENDED ACTION: Attachment: pages 58 and 59 of the zoning code REF/DJK#51/PZTOWN.TXT t , .' ~ { MEMORANDUM To: City Commissioners Via: Malcolm Bird, City Manager Lula Butler, Community Improvement Director ~ From: Re: BACKGROUND Nancy Davila, Horticulturist/Special Projects Coordinator PROPOSED LANDSCAPE PLAN FOR WEST ATLANTIC/HAMLET MEDIANS At the July 18, 1989 Commission meeting, with the development of plans to irrigate Atlantic Avenue, one immediately east and Hamlet entrance. staff was authorized to proceed and landscape two medians on West the other immediately west of the The Hamlet has agreed to allow the City to tap into the Hamlet's irrigation lines, and has also contributed $2,000.00 toward the project. The original estimate was approximately $18,500.00. REPORT Landscape plans were prepared by Nancy Davila and the irrigation was designed by Boynton Pump. Nancy has met with the president of the Hamlet Homeowner's Association to review both sets of plans. Minor changes were recommended for the irrigation plans and the drawings have been revised accordingly. Permits must be obtained from F.D.O.T. prior to going out to bid. Nancy plans to submit the plans to D.O.T. concurrent with seeking Commission Approval in order to expedite the project. Although a firm schedule can not be established due to the uncertainty of the D.O.T. turnaround, the following suggests the anticipated timing: 10-18-89 10-24-89 10-27-89 1l-03-89 1l-09-89 11-21-89 12-21-89 12-27-89 01-02-90 03-01-90 Submit Plan to F.D.O.T. for City Commission Approval Advertise for Bid Preconstruction Conference Bid Opening Award of Bid City Attorney Approval Execution of Contract Notice to Proceed Completion of work Approval 1 " ! iJ ~ y ;~ " '6 i, r., :'. 1- ,. ~-::r. .4l, '" . J ~" { ". '.~ 'N'_ Now that actual drawings are available to do a cost estimate the projected costs have been revised to $23,000.00. Per the July 18, 1989 Commission meeting, the funding is to come from the $238,000 which had originally been allocated for the West Atlantic Avenue Beautification Project. Those funds were transferred to pay for any shortfall in Phase II of the East Atlantic Avenue Project. East Atlantic Avenue came in under budget so the remaining funds can be transferred back to fund this project. This has been scheduled for the Commission meeting to seek approval of design and projected increase in costs. 2 i . ~ f , ~ ~ 1 (- * , N N < N , ~ \. I. ' : ~.~f; : \ ~ F41 \ " ~ \, ~\ ~.~ " ~'~f 'mi J \ I ,,/ I , - \, , ..' " '\ I , i 'I - / '- / ! - ! 9. ,~ ~i" I !:::I' I :..r I , . .' .i . ' ,., , , .Q. \ I ~ .-" ~~ c~ " ( '~r .1- ... vr; ,I i' . , - , I . \ , :1 \ ) . ,/ , , I '\ -- \ I :e m ::t r- )> Z -I n r ~ 0 m ..' 0 c Z , , ~ c: m , , . ii' -<;> " I . .. -" .' 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N '" ~~~ .. ~ .. .. 0 0 0 '" 01 . ... n n n I 0. \ [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE I 310 S,E, 1st STREET, SUITE 4 DELRAY BEACH, FLORIDA 33483 407/243-7090 TELECOPIER 407/278-4755 MEMORANDUM Date: October 18, 1989 To: City Commission Malcolm Bird, Interim City Manager From: Susan A. Ruby, Assistant City Attorney Subject: Sewer Account - Delray Trailer Park / Dominic Iandimarino Delray Trailer Park has received Sewer Services from the City since 1982. The owner, Dominic Iandimarino has disputed the City's calculation of charges for sewer services. Over a period the Finance Iandimarino's this dispute. of many months, our office in conjunction with and Utility Billing Departments and Mr. attorney Leo Bentz, has sought a resolution of 'I'he agreement attached, hereto, require,s payment by Mr. Iandimarino of $12,971.92 to the City within five days after City Commission approval in full payment of all past due sums since 1982 up to September 30, 1989. Thereafter, the customer's sewer conunodity charge. shall be calculated on a 65% occupancy rate from October 1, 1989 until a new rate study is completed in 1990. OUr office reconunends approval of this agreement. Please place this agreement on the October 24, 1989 City ~n agenda. SAR.cJ. Attachment cc David M. Huddleston, Director of Finance Jan Williams, Utility Billing Manager ~ z,-~ ~:: 'It: ~'-. ?-'L' - { I, " "; ;, ~, r ,~ %', ~ M E M 0 RAN DUM TO: FROM: ~ City Commission Milena Walinski Acting Finance Director SUBJECT: Delray Beach Trailer Park - Account #30-238-1 DATE: October 18, 1989 The following is a summary of the status of Delray Beach Trailer Park water account incorporating the terms specified in the letter of September 14, 1989 by Dominic Iandamarino proposing a settlement of $12,500 and a 65% occupancy base for calculation of future bills. Calculation for 65% occupancy of 56 units (36): Balance at February 28, 1989 $29,936.08 ($12,500.00) ($17,436.08) $0.00 Less Settlement Offer **CREDIT DUE THROUGH 2-28-89 Balance at March 1, 1989 with credit Actual Billings; March-September 1989 ($1,024.44 x 5 months) $ 7, 171. 08 Payments to Date; March-September ($1,024.44 x 5) ($5,122.20) Balance to Date with Offer and Payments $2,048.88 Credit for Reduced Occupancy through September ($1,576.96) $471. 92 **BALANCE THROUGH SEPTEMBER 1989** The settlement offer represents a credit for reduced occupancy since 1983. In an effort to resolve this matter, I recommend that we accept the $12,500 and continue to bill this account at 65% occupancy until the completion of the Water/Sewer Rate Study. MW/slh . {. ;~. ~ , <' .l\GREEMENT This Agreeroent enterE'd into on this ) 7 day of fQdHZey 1989, by and between Dominic Iandimarino. hereinafter referred to as the Customer and the City of Delray Beach, a Florida Municipal Corporation, hereinafter referred to as the City. WIT N E SSE T H WHEREAS, Customer is the fee simple title owner of the property known as Delray Trailer Park, 3110 South Federal Highway, Delray Beach, Florida. WHEREAS, Customer has received sewer services since 1982 from the City. ~ WHEREAs, CUstomer has disputed, the calculation of the ---- charges for sewer service. WHEREAS, the City and the CUstomer have reached a resolution of the a~orementioned dispute. , the receipt and sufficiency which is hereby aCknowledged by each party from the other, the parties agree as follows: NOW, T~RE, for good and valuable consideration, . 1. The above Whereas clauses are true and correct and are incorporated, herein by reference. 2. The term of this agreement shall be from the date set forth above until a water/sewer rate study is performed in 1990, and adopted by the Ci ty after which paragraph 4 of this agreement shall be null and void. If this study is not completed by October 1990, the Customer shall have the option to pay sewer charges in accordance with the City ordinance in force at that time. ~. 8. 9. 10. f 3. The customer shall remit $12,500.00, plus $471.92 totalling $12,971.92 to the City within five days after the date the City Commission of the City of Delray Beach, Florida approves this agreement, in full payment to the City for all past sums due and owing the City for the provi- sion of sewer services to the Delray Trailer Park which have accrued since 1982 up to and including September 30, 1989. 4. The Customer's sewer commodity charge shall be calculated on a 65% occupancy rate from October 1, 1989 until the expiration of this agreement as set forth in paJ:agraph 2 above. 5. The Customer shall timely pay all sewer bills rendered by the City, 6. The Customer shall pay all other applicable sewer fees and charges ;is prescribed in the City's Code of Ordinances and shall be subject to all other rules, regulations, statutes, and ordinance requirements relating to the provision of sewer services. Each party hereto shall release the other party from any and all claims, charges, actions, or damages reSUlting from or arising out of the Subject matter of this agreement as they relate to the entire period of time prior to October 31, 1990. No prior or present agreements or repiesenta- tions shall be binding upon any of the parties hereto unless incorporated in this agreement. No modification or change in this agreement shall be valid or binding upon the parties unless in writing executed by the parties to be bound thereby. Neither party their interest consent of the shall therein other. assign this agreement or without the prior written 2 ~ -- ~.. ~ ~ . ,./ ./ '~ '" ~ i 7' ~ IN WITNESS WHEREOF, this agreement has been executed as of the date first written above. Mayor Attest: City Clerk Approved as to form: Ci ty "Attorney ,L' -~ - ~,/t.. ~Wi t~ess - ~.dy Witness 7 ( r---, ~"/ .J -<~~ d~L~ D minic Iandimarino State of Florida County ~~~alm Beach I HEREBY CERTIFY, that a on this date before me, an officer duly authorized. in the State and County named above to take aCknOWledgements personally appeared L)~;.n/AI/~ .::LAN ~ / mil e /Ii) () known to me to be the person described in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this /7 -;q(, day of c:J~.bV , 1989. Notary Publ~c My. Commission ~ir Notary Pldlk. StIle 01""" My Com......... iIjIirw Now. 4. 19I9 lCHl'" Tlu.. h.., I.iII......... '". 3 BOARD APPLICATIONS UPDATED OCTOBER 12, 1989 BOARDS DATE "PPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB P 10/87 RETT TALBOT X 11/87 NORMAN B. RADIN A 11/87 JEAN BEER A X 2/88 SAMUEL M. DeOTO A X 4/.88 HELENE S. EGELMAN X 4/88 MATTHEW GRACEY, JR. A 5/88 LORRAINE KASPER X 5/88 HUGH B. GAGE X X 5/88 CHRISTINE B. BULL X 5/88 K. WAYNE CAMPBELL X . 5/88 CATHERINE G. NEWKERK X X .. , 5/88 DAVID B. KLARER X A 5/88 EDITH JENNINGS X 5/88 JON R. LEVINSON X , 5/88 KATHRYNE B. STOKES X 6/88 DAVID W. SCHMIDT A 6/88 ANITA DEUTSCH Any Board 6/88 SCOTT C. BECHTLE Any ~oard 6/88 MILDRED SCHERER X 6/88 DESIREE L. SNYDER X 6/88 JEANETTE SLAVIN A 6/88 SANDRA W. ALMY X X X 6/88 MARK L. KRALL A X X 6/88 MARY W. HAUSSERMANN X 6/88 CONNIE MACKENZIE X X 6/88 FRANK A. ROZZO A 6/88 JAY FELNER X 6/88 RITA NARON X X = A = R = Board appli~d for Appointment, to Board . . ResJ.gned 2?, DATE .. APPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB P 6/88 JANE L. MINTER X 6/88 LARRY M. SCHNEIDER A 7/88 ALICE FINST X A X 7/88 DEBORA T. OSTER X 7/88 DERI JOY RONIS X 7/88 MURRAY SOHMER X X 7/88 TIM ONNEN X 7/88 LEONARD SYROP X 8/88 SAM SCHWIMER X 8/88 CAROL FOSTER X 8/88 ROBERT H. MOORE X 8/88 LEONARD B. MITCHELL A R X 10/88 ROBERT P. FERRELL A 12/88 SHARON BUSH X 1/89 H. RIC ZAZZI A 3/89 DAVID HENNINGER A X , 3/89 DIANE L. DeMARCO A 3/89 DARRELL D. RIPPETEAU X 3/89 P. RICHARD BRAUTIGAN X X A X 3/89 ROBERT G. CURRIE X 3/89 RICHARD A. MILDNER A 3/89 JUNE HENLEY A 3/89 THOMAS G. PURDO X A 4/89 STANLEY WATSKY X X 4/89 WANDA GADSON A X 4/89 RONALD A. LUSK X X 4/89 BETTY I. JANIN X X 5/89 J. REEVE BRIGHT X 5/89 LAWRENCE PARKER A 5/89 MICHAEL S. WEINER X 5/89 KATHI SUMRALL A 6/89 CAROL MACMILLAN STANLE X 6/89 RANDEE J. GOLDER X A X 6/89 BRUCE N. GIMMY I X X = Board applied for A = Appointment to Board R = Resigned DATE APPL APPLICANT BOA BCA CSB CEB CAB CRA DDA DBHA HRC HPB P 6/89 CHRISTINE A. WENZEL X 6/89 PHILLIP E. ABRELL X . 6/89 RABBI SAMUEL M. SILVER ANY :>OARD A 6/89 ANNE S. BRIGHT X X X 6/89 LOREN W. SHEFFER X 6/89 LINDA GLASS A 6/89 SAL MATTEIS A 6/89 P. MICHAEL MANNING X X 7/89 ROBERT BREWER X X 9/89 JUDITH COLVARD X 9/89 J. KENT ATHERTON X 9/89 SYLVIA GWYNN X 9/89 WILLIAM AYERS X 10/89 JULIE MORGAN X X = Board applied for A = Appointment to Board R = Resigned [ITY DF OELARY BER[H CITY ATTORNEY'S OFFICE 310 S.L 1st STREET. Sl!ITL -' DI: L1U ". I-lj-.'-\Cl i. I.LORW" ;.;":1\.; 407/243.7D90 rrU:COPIFR ~!I~'::k-J-:::_::: MEMORANDUM Date: October 11, 1989 To: City Commission Malcolm T, Bird, Interim City Manager ?relTl: B~rbert W.A. Thiele, City Attorney Subject: Settlement Demand From Irene Montalban J>.ttached hereto for your information and review, please find another demand letter from Attorney Max Rudmann on behalf of Irene Montalban. This demand letter is an outgrowth of the previOUSly filed claim against the City and the EEOC for alleged sexual harassment and other allegations as set forth in this letter from Mr. RUdrnann of October 4, 1989. We would appreciated that this matter be placed on the next available City' Commission agendafdr your review and action concerningthec--:-:demand set forth: therein to settle this case prior ta."l"itigatian in the 'amount of' $ 55 ,000.00. Despite the additional allegations set forth in this letter and after review of all of the materials, it continues to be the City Attorney's Office's position that because of the City Commission's actions in terminating the former City Manager, there is no great likelihood that the City will be held liable for any sexual harassment claim. As to the other claim set forth in this letter, we do not believe that there are sufficient facts alleged nor legal theories propounded which would support our recommending settlement to you. We therefore recommend that the settlement offer be again rejected by the City Commission. I f any members of the City Commission would like to discuss this matter further or receive any detai.led information since this is a mat'ter that we should consider to be in li tigation between the City and Ms. Montalban, please contact me pel'sonally. 1t1/5f-I ;\ttachment cc: John Elliott, Assistant City Manager Marty Ritchason, Personnel/Labor Relations Director Lee Graham, Risk Management Director James W. Linn, Esq., Carson & Linn Louis Williams, Esq. , . ~~ October 4, 1989 Attorney At law _,_IQ,~~\g-~'., :~, ,. '. ::r,'~~' ~..~ ,i-~.:",: c,.:- MAX RUDMANN Herbert W. A. Thiele City of Delray Beach 310 S. E. First St., Suite 4 Delray Beach, FL 33483 Atrium Financial Center Suite 204 1515 North Federal Highway Boca Raton. Florida 33432 (407) 395,1100 RE: My Client: Irene Montalban Sexual Harassment by Ex-City Manager Walter Barry of Delray Beach Dear Mr. Thiele: This is to follow-up my demand letter dated 8/10/39 and your response of 8/23/89. Since my last letter, I have forwarded various af~davi ts to the EEOC's Miami office and provided the Commission w~h information surrounding Mrs. Montalban's discharge from the City of Delray Beach. The EEOC has since recognized that based on the information and facts presented, Mrs. Montalban' s'charge indicates that a violation of Title VII of the Civil Rights Act of 1964 may have occurred, In addition, Mrs, Montalban has fiTed a Cha:rge ,of Discrimination with the EEOC against the City of Del.ray ,Beach. :' As expec.ted, the particulars of this complaint ,are, based on Mrs. Montalban's unpleasant tenure as a secretary in the office of ex-City Manager, Walter Barry, The charge specifically states that Mrs, Montalban was the victim of liIexual harassment in violation of.,Title VII of the Civil Rights Act of 1964. It should be evident to the City of Delray Beach that the damage caused by the reprehensible conduct of Mr, Barry is n01: going to be ::::ectified by ign01:io<;) the e'lents. C::::edible and persuasive evidence that Mr. Barry repeatedly made unwelcome sexual advances to Mrs. Montalban exists. Former City Manager Barry'S advances are well documented and the BEOC is now in possession of the affidavits of past and present Delray Beach employees including Tina Eno, Nanc:z' Roti, Ca.therine Inglese, Cheryl Leverett and Irene Montalban. These affiants concur that Mr.. Barry sexually harassed Mrs, Montalban, When examining the substantially similar testimony of these employees, it is clear that Mr. Barry's behavior created an actionable sexual harassment case. Mr. Barry'S repeated touching of Mrs. Montalban's buttocks was uninvited, uriwelcome and unwarranted. The Judicial interpretation of Title VII points to the strong likelihood that actionable harassment occurred. :;. : . ~, " ~ , " ~' / The leveling of Title VII charges by Mrs. Montalban is not her only claim against the City of Delray Beach, In Florida, it is illegal for any employer to fire an employee based on sex. Florida Statutes 760. 10. The facts surrounding of Mr. Barry's sudden firing of Mrs. Montalban create a cogent argument for the application of F, S, 760,10. The fact remains that Mrs. Montalban's employment performance was not deficient, yet Mr, Barry fired her. Clearly, the advances rejected by Mrs. Montalban contributed heavily to her discharge, Additional protection in the form of hiring and firing standards is afforded to public sector employees within Florida. The Whistle Blower's Act, Section 112,3187 Florida Statutes, proscribes all governmental entities from retaliating or discriminating against any employee who reports any violation or reports any act of malfeasance, The ~ve~ts which transpired during the days prior to Mrs. Montalban's discharge suggest that she was caught in the middle of a political fray between Delray Beach Mayor Campbell and City Manager Barry. On Wednes day, Jul y 12, 1989, Mayor Campbell reques ted tha t Mrs. Montalban telefax a draft of a confidential memorandum to the City Attorney's Office, This memo was addressed to City Manager Barry. Mrs, Montalban understood that the Mayor wanted-his legal-staff to make revisions before delivery to Mr, Barry. Mrs, Montalban was discreet and kept the memo in confidence while telefaxing it to the Ci ty Attorney. On Thursday, July 13, 1989, Mrs. Montalban came into work only to find NancY__Roti rifling through her desk. Roti explained...that Commissioner McCarthy noticed" an important fax" addressed to Mrs. Montalban's desk and that Mr, Barry wanted this memo. t1rs. Montalban refused to give the memo to Ms. Roti because the Mayor instructed her that the memo was only a draft yet to be revised by the City Attorney. Ms. Roti told City Manager Barry of Mrs. Montalban's refusal; Mrs, Montalban told Mayor Campbell of Barry's orders to Ms. Roti, On Friday, July, 14, 1989, City Manager Barry fired Ms. MOntalban. Under Florida's Whistle Blowers Act, a public sector employee cannot be fired for reporting an act of malfeasance, misfeasance or neglect of duty. Mrs. Montalban blew the whistle on City Manager Barry's underhanded attempt to get confidential information, Mrs. Montalban was right in refusing to give the memo to Ms. Roti and she was forthright and acted ethically in reporting the entire event to the Mayor. Mrs, Montalban was' punished by Mr. Barry for performing her duty diligently. An employer that has discriminated in violation of the Whistle Blower's Act may be held liable to the discharged employee for compensation for lost wages, lost fringe benefits and payment of 2 . ,C . ?~: w y ~: M , < n, << '. litigation costs, including attorney'S fees. Mrs. Montalban's loyalty to Mayor Campbell and her refusal to give the confidential draft of the memo to Ms, Roti greatly upset Mr. Barry. Moreover, it is likely that Mrs. Montalban was not on Mr. Barry's good side, Mr. Barry's sexual advances had been greeted coldly by Mrs. Montalban, but because she feared losing her job, she did not file charges against him. Mr. Barry's insistence in seeing the Mayor's confidential memo was an order Mrs. Montalban found difficult to disobey, But Mrs. Montalban felt that with the Mayor on her side (after all, she was protecting the Mayor's interest), she would land on her feet and still have her job. Perhaps Mr. Barry felt he needed to fire Mrs. Montalban because of the office discussion concerning his sexual advances toward her. ."s you know, Mr. Barry did not consider the consequences involved in firing Mrs. Montalban, This myopic decision fits into the profile of Mr. Barry. Mr. Barry's character and performance had been questioned prior to his firing of Mrs. Montalban. In a city-funded evaluation entitled "Assessing the Effectiveness of Delray Beach's City Manager", Patricia A, Bidol, PH, D. concluded that Mr. Barry's leadership style was in need of change, Dr, BidOl conducted individual interviews with all Commissioners and with seventeen key staff people, Dr, Bidol found Mr, Barry'S management style often tended to be "dehumanizi~g and s el f-aggrandizing", Some of the staff felt threatened by Mr" Barry and frightened to communicate ideas to him. Undoubtedly, deposition testimony will reveal a multitude of City of Delray~each employees who detested Mr, Barry. Mrs, Montalban had to work closely with Mr. Barry, Mr. Barry's personalty is such that retaliation is a highly likely motive for her diSCharge. Fortunately, Mrs, Montalban is protected by the Florida Whistle Blower's Act, Also worthy of mention is the fact that Mrs. Montalban was discharged by Mr. Barry with total disregard of the internal policies of the City of Delray Beach, , Mrs. Montalban was hired on 1/23/89 and abruptly fired on 7/14/89, Because her discharge Occurred before completion of her probationary period, Mrs, Montalban was not afforded any of the procedural safeguards afforded by the Personnel Policies (Revised August 22, 1986), However, Mrs. Montalban was protected by Procedures for Employee Performance Appraisals. All employees, including probationary employees, are entitled to be evaluated by their supervisors at least 10 days prior to the three month, six month, nine month and eleven and one half month dates, Mrs. Montalban was not given her mandatory three month evaluation until over five months after her employment began. This evaluation was not completed and reviewed by her supervisors, but by Ms, Roti. 3 "" ~. " :t '.' '. . ~.'I"""""illIl:O,-:-:::.::... tt.f1~'I!;; ~...."---.,,,,.....io'~','''~~'''' . ~~"""",..''4.''''~'l, -..It ""''-'"-~~-''-r''''' ......."'..1.._, ....... .~'L..ll'-,~T'.-.~ 7'\ "~ 4' .....'t .. ~ --_.~_.--~ , ",-~":.,...,.,,.i..,....., ----.~..~. .~.. '~t...,.~.".-. d.:." .. ',-' "~,~.,...;"j'!"',." f7....:.:":-,._-/ t.~~;}:i~.:i;;i~: . ~ ~# ',' o Of the nine evaluative categories, Ms. Roti found that Mrs. Montalban met standards of competitive performance in four; partially met standards of competence in four and exceeded standards of competence in one, Mrs. Montalban felt that this evaluation was inaccurate and unfair. The Employee Performance Appraisal Procedure also requires that an employee who is not meeting performance standards should be provided with an evaluation Supplied "with careful, complete and specific documentation as soon as it becomes evident that the employee is not meeting the expected standards". During her entire employment, Mrs. Montalban was given only a performance appraisal form with nine boxes checked and a pink slip. No back-up documentation accompanied these papers. Employee Performance Appraisal ProcedUre Guidelines mandate that if an employee receives an unfavorable review, they must be given an opportunity to improve their performance, The Guidelines state that a date should be established and written into the unfavorable evaluation for a fOllow-up rating, usually 30 days. No such date was written into Mrs. Montalban's review and no further explanations were given, In Mrs. Montalban's case, her review was completed on 6/29/89 and she was fired on 7/14/89. The City of Delray Beach, through its City Manager, Mr, Barry, failed to meet the minimum safeguards provided for probationary employees. Mrs. Montalban was fired with little to no discussion and with utter disregard for the evaluating rules which apply to all new employees. Mr. Barry's firing of Mrs, Montalban was ethically and legally wrong. The people of the City of Delray Beach have learned of her unfair treatment, and surely feel that Mr. Barry'S dismissal was a step in the direction towards vindicating Mrs. Montalban. The public has expressed an interest in Mrs. Montalban'a case and I will be keeping the media apprised of significant developments in her case, As you know, over the last month, the City of Delray Beach has received a great deal of bad publicity. The interests of all concern~d, however, will be better served if a speedy resolution to this matter can be achieved. I have not heard from your office since your reply to our original demand in late August. I assure you that I will continue to develop Mrs, Montalban's case and upon the exhaustion of her administrati ve remedies a lawsuit will be filed naming both the City of Delray Beach and Walter Barry as defendants. Moreover, if any other employees or officials of Delray Beach are implicated in my investigation, they too will be sued. In this suit I will seek Mrs. Montalban's, lost wages and benefits and damages for the humiliation and suffering Mrs. Montalban has endured. Mr. Barry will be sued in his capacity as the ex-City 4 " " Manager for acts he committed while in the employ of the City of Delray Beach, Mr. Barry's contract provides for the City of Delray Beach to pay the legal fees expended on his behalf, The legal fees incurred by the defense in this case could be substantial. Moreover, the City of Del ray Beach may possibly be held Ii abl e under Title VII and the Florida Human Rights Act for court costs and attorney's fees incurred by Mrs. Montalban, Based on existing federal and state law, extremely strong case and as the evidence Mrs. Montalban's case only gets stronger. Mrs, Montalban has an unfolds, it seems that Thus, I am reiterating Mrs. Montalban's demand to settle this matter for $55,000 prior to litigation. Should this matter not be resolved prior to suit being filed, this offer will be withdrawn and considerably more will be sought from a jury. Please call or write me to discuss this matter further. Your prompt attention to this matter is anticipated. Sin mlY'~ --... MAX RUDMANN MR:ds t 5 " , , <, [ITV DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 310 S.!:. 1st STREET. SIT!! -i DLLJ{-\ ') 81'.\("11. !.LORJOA 33483 ":()7/~4].7(1')(1 ITL!("(jP!n< <JW'2~i'.4"'5:, I~EMOF.ANDUM Date: October 11, 1989 ~o: City Commission From; Herbert. \'1..0.. 'I'hiele, City F.ttorney Suhject: Receipt of Billings for Legal Fees for Former City Manaqer Walter Barry The City Attorney's professional services Barry. Office is in receipt of a bill for submitted by former City Manager Walter While the City ordinances and City Charter certainly provide for the retention and payment of attor.ney's fees, inClUding outside counsel fees, necessary for the defense of current or former employees, we have some reservations regarding the payment -'Of this bill at this time since no allegations or charges have been levied against Mr. Barry individually con- cerning the Irene Montalban matter or any other matter at the present time. This matter is being presented to you for guidance as to whether or not you believe that these fees should be paid at the present time or held until such time as a formal action be instituted alleging some conduct within the scope of employment by the former employee. ~.~ HT:sh cc: Malcolm T. Bird, Interim City Manager David M. Huddleston, Director of Finance Lee R. Graham, Risk Management, Director Louis Williams, Esq. . l' - ~:,.1..,....,=':'::.c., c;::. ;,p."'" \,o:,::,:<,;Lt/,:'., ....~~... ..~. ..:~..:'::':.:'+'t:~::'_;"~;~'_ _~':AI' .-:t'~+-~:1i. ... '~i .~~~--.~._--.,~ . :::f-:.#"~;" " ":~,,,!,.,/{,,\, J.r.,:.'-...... " :"""1':' t~''i1:'i;:l:''';;' " '" ,,-,.:.;,.. ~ !. '" ,~ ~. A " " :~.~' )' ~ .~ i ~ .~: -) ~CHULEk. WILKERSON & HALVORSON. P. A. SUITE 4-D BARRISTERS BUILDING Hi 15 FORUM PLACE WEST PALM BEACH, FLORIDA 33401-2382 t 407 j 689-8180 DaT:e: 0~/i,;./:~~ Reference No. 189~ Wal'ter Ear1.-y 2020 NW 3rd :\Vcnue uelray j34qq -w ~:- rol~ -i.; -, ,,,,,_, ,..;:::! ~'-"""'''''''''' J.. ............ ............... ---------------------------------------------------------------------- Fer ProfeEsional Se~VICC~ concerning: File Number: "7 5~!- 'I'itlc: Barry 0..' . ..~~ . Delray Beach Balance Due from previous Bill: FEES .- - -' - ~ I I "" -".... ..-' COST :.72.5( Hours Fees 08/11/89 Telephone conference with Pam Barry. ,10 08/11/89 Telephone conference with Herb Thiele, Esq. - left message. ,10 08/14/89 Receipt and review of various media documents. .20 08/14/89 Telephone conference with client .10 'C<:., 08/17/8S' Telephone conference with client 08/18/89 Conference with client: and telephone conference wi"h opposing counsel. 1-'':'; ".,", /,:,;':, '-''-'I -;....' '-'- ~elephone conference with ""'t-("" U:::Jo 't-'-~T ........... """.............;!. ,.,y ,"", -, ,..:.,...:, ""''-'! --! ....... 1"elephcnc ~ollference with ,.' , ~ ~T'l'" '-......--........ 'j8/22/8~ Telephone conference with city attorney - left message. ,",':'; ;-"J", /..:,...:., ""...., -'-I '-'-' Telephone conference with Herb Thiele, Esq. - city attorney. 08/22/89 Telephone conference with client oe/22/&~ Telephone ccnference with Mike Sullivan, Esq. 08/22/89 Telephone conference with Assistant city Attorney Susan Rudy, 08/23/89 Receipt and review of copy of Memorandum to City Commission from Herb Thiele, Esq. Page _ Reference No. 1891 .10 1.30 .20 I" . v .10 .30 .20 , ' .~U .20 .20 3.40 680.0( Page 3 Reference No. l&~l Costs Advanced Amcun~ Telephone charges through - . . - - ..- v::;!:'.l./:=::~ ::...::. ~. To~als for Ma~~er NC. 'I ':;, ,j. ...-'......, ~ ..'.-..... ';l" '-"':::l.........<:\..... -"-"'ao~. ........ ............. .......... ....--... .. '-'-- . ";:";'1", j", ............ '-" To~al Matter Ccst: Mat~er Previous 3aiance: 13.8- 37':: . 5 t payment Received On Account: .0: A:n 0 1..: n t Due: 1,066.3' , -- BALANCE DUE UPON RECEIPT 9LEASE INCLUDE REFERENCE NUMBER ON CHEC1"~ TO :E'ACILITATE POSTING PAYMENT FED. I, D. #59-1952743 ~ , ", :( ,', , " . t ';' w. ,~ " . {-. '~ .~s. 'l[ ..~~ , .~ SCHULER, WILKERSON & HALVORSON, P. A, SUITE 4-D BARRISTERS BUILDING 1615 FORUM PLACE WEST PALM BEACH, FLORIDA 33401-2382 (407) 689-8180 Date: 10/09/89 Reference No. 2020 Walter Barry 2020 NW 3rd Avenue Delray Beach, Florida 33444 ---------------------------------------------------------------------- For Professional Services Concerning: File Number: 759- 2 Title: Barry RE: Delray Beach Balance Due from Previous Bill: FEES COST 1,052,50 13.80 ----------. 1,066.30 ^- Hours Fees 09/07/89 Telephone conference with Client .20 ------ ----------- ,20 40.00 Totals for Matter No. 2 Total Matter Fees: Matter Previous Balance: Payment Received On Account: 40.00 1,066.30 .00 ----------- Amount Due: 1,106.30 BALANCE DUE UPON RECEIPT PLEASE INCLUDE REFERENCE NUMBER ON CHECK TO FACILITATE POSTING PAYMENT FED, I, D. #59-1952743 , . --.---.----- -~..~..,.r.._:~ ~"':':':." t:'=:;-!,J.:-~".-- >;, 0, <, ~: *' " " .;S< ,.. - :l......;,...~...~.~::.:.... .t"'u"l'''' ,..., .. . ....-..,....,., .t...., , ,. .. .o;s;-,..,.., .'.. .. ..'... '.. '" '," .,.,.. ., ':;''') f.r.' ;;, , :.'.ffi' · :'.:/~~::(t/.:, ...," ......- -'. ,... -',--'. ~i ~, . !...... ..' ....-....- ~ [ITY DF DELARY BER[H CITY ATTORNEY'S OFFICE 310 S,I.. I" STREET, SUITr. DFLR,\\ BHCH, 1 LORII)" ',4k' 407/143-7090 TrU-:coPIf:!\ 4(1""~7,C;~-_", :'lEMORANDUM ~),.1te . :)c:tober 11, 1989 I,'~). City Cornmissil.)n Ftnm: Helbert W,A. Thiele, City Attorney :;:ubject: Designation of r"unding For Activities Involving PClssibj,(: Laver's Property Acquisition, Parking Garage Property Acquisit,ion, and Current Tennis Center Si t<' T,i 1:10. Action The Cit:,y A1:t,orney's Office is now in receipt of some bi1.1ings for professional services rendered concerning legal servic:es 2no. appraising serviCEs regarding the potential acquisition 0: the Laver's Tennis Center, the acquisition of property for t!:\e downtown parking garage, and some research regarding the proposed review of quiet title action concerning the central fire station and current tennis center sites. While the, City Attorney's Office budget does ,this year and has i.n years past provided for fees for certain consulting <;ervices, extraordinary fees for certain projects, including land acquisition, have not ever been i.ncluded in our bUdget, Furthermore, we also anticipate that the fees involved in these acquisitions and appraisals will be extremely high and will far exceed any monies t,hat the City Attorney's Office has bUdgeted for any outside counsel for the entire fiscal year. With that in mind, it is hereby requested that thi!s matter be 17 ~h scheduled on 'an upcoming City Commission agenda so that we may discuss this matter and that the City Administration may be given direction as to what the source of funding should be for these potential projects. It was my initial understanding that the funding for all matters related to acquisition and develop- ment of the tennis center would come fr'om the funds for the buildi.ng of the tennis courts and acquisition of property, i.f necessary, while the funding for the downtown parking garage 1;lOuld come from the fund to be established for such purpose. If you have any questions or if you wish to discuss this matter further, please contact me personally at your earliest ~~o;~eni.ence. ;/ <:: J T "oh ceo Malcolm '1'. Bird, Interim City Manager David l~. Huddleston, Director of Finance ,James W. Vance.. Esq. ! ~ , ~ ~' 210 . , JAMES W. VANCE WlLUAM P. CONEY 8. DOUGLAS MecGIBBON LAW OFFICES JAMES W. VANOE, P,A, SUITE 200. BARRISTERS BUILDING 1615 FORUM PLACE , TELEPHONE (407) BB.a-e.e44 WEST PALM BEAOH. FLORIDA 33401 October 3, 1989 Herb Thiele, Esquire City Attorney City of De1ray Beach 310 S,E, 1st Street, Suite 4 De1ray Beach, F1, 33483 RE: City of De1ray Beach - Lavers FOR PROFESSIONAL SERVICES RENDERED: 7/6/89 7/10/89 7/7/89 " 7/10/89 7/13/89 7/18/89 8/9/89 8/10/89 8/10/89 8/10/89 8/11/89 8/14/89 8/15/89 8/15/89 t Conference with Herb Thiele. Review prospectus and condo documents. 1.00 Phone call - Jesse Vance .25 Review Condo Documents and City Attorney File, Review subdivison plats. Phone call - Mary of Atty's Title Legal Research. Condo law re: recreation facilities, 4.00 Phone call - Herb Thiele. Review Property Appraiser Map, .50 Conference with Herb Thiele and Jeff Kurtz. View Lavers project. 2.25 Review public records re: Lavers De1ray Racquet Club I - IV and Lavers Resort and Racquet Club A & B, 1.50 Phone call - Herb Thiele .25 'Conference ca11s(2) - Herb Thiele. Phone calls - Jesse Vance .75 Legal Research (JWV) 1.00 Phone ca11s(2) - Jesse Vance Phone calls (2) - Herb Thiele Conference with Mary at Attorneys' Title Services. 2,00 Review forc1osure files, Review Lavers Club Condo. documents. Phone call - John Kelly. Phone call - William Charouhis 2.25 Phone ca 11 - Jack i e of Mr. Marg1 ins's offi ce Phone call - U.S. Clerk's office ,25 Phone call - Herb Thiele Legal Research 1.25 Phone call - Jesse Vance .25 " RE: City of Delray 8each - Lavers 8/15/89 ----------------------------------------------------------------- Page 2, 8/16/89 8/16/89 8/16/89 8/17/89 8/17/89 8/17/89 8/17/89 8/18/89 8/18/89 8/21/89 8/23/89 ~~.. Receive and Review - Appraisal documents from City (Appraisal First), Review title policies. Phone call - Mary at Atty's Tit 1 e, Phone call - Carole Short of FSLIC Prepare letter to Carole Short Fax to Herb Thiele Phone call - Herb Thiele, Review Federal forclosure file Review Declaration of Condo Lavers A and B, Reveiw Title Chain. Conference with Jesse Vance. Phone call - Herb Thiele Legal Research re: public purpose Review condo documents, Review Title Policy Phone call - Jesse Vance Conference with Jesse Vance Fax documents to Carole Short, FSLIC Phone call - Herb Thiele Draft letter to Herb Thiele Revise letter to Herb Thiele Phone call - Carole Short, FSLIC Phone calls(2) - Herb Thiele Fax title documents to Herb Thiele Revise letter and fax to Herb Thiele Phone call - Herb Thiele Phone call and fax document to Malcolm Bird Phone call - Herb Thiele (9/19/89) ; Total hours: 33.00 hours x $200.00 per hour = $6,600.00 COSTS INCURRED: J\,V/pm . ~ ........... :,............'~.':'::.:... Attorneys Title Services $ 627.60 11.00 Clerk of the Court (copies) Phone calls (long distance) Tota 1 Costs: 11.36 $ 646.96 1. 00 1. 00 .75 .75 3.00 .50 1. 25 3.25 1. 25 2.00 . 25 ,50 33,00 SERVICES: $6,600.00 COSTS: 646.96 TOTAL DUE: $7,246.96 JAMES W. VANCE, P.A. .~, . ~. ? :$0: ." ", '" - 7---. .;- .:If, , , ~/,' ~ .!,/~. l'::-..../ i ,- "t' .~~*~':1;t;~,;),}iiR. ' ';4~ .~. '~4i';i'~f{;;~;~W;~.;:{b>\ .." ~. .:- .r":"f -"_ -::~:.~.__:.:::.'"~l:.::.';,~;:' -.~";';:~.,::":,r~.,, . , ,*" :. ~:..~/~::..-:~(~~::. '; i:""",;, . I': ~- ~~8e:'>' :.:~. ^ ,~ .,~/ N ;~ .JAMES W, VANCE WILUAM P, DONEY B. DOUGLAS MecGIBBON LAW ClFfICS JAMES W. V AliOE, P.A. SUITE 200, BARRISTERS BUILDING 1615 FORUM PLACE WEST PALM BEAOH, FLORIDA 33401 October 3, 1989 Jeff Kurtz, Assistant City Attorney City of Delray Beach 310 S. E. 1st Street, Suite 4 Oel ray Beach, Fl. 33483 RE: DELRAY BEACH - PARKING GARAGE FOR PROFESSIONAL SERVICES RENDERED: 3/31/89 3/31/89 3/31/89 3/31/89 4/3/89 4/4/89 4/ 5/ 8-9' 4/7/89 4/10/89 4/10/89 4/11/89 4/12/89 4/13/89 4/14/89 4/14/89 4/18/89 4/27/89 5/08/89 5/23/89 6/27/89 7/7 / 89 8/1/89 Conference with Herb Thiele, Sandy Simon and Frank Spence. (JWV) Conference with Herb Thiele, Sandy Simon and Frank Spence, (GDM) Phone call - Herb Thiele Phone call - Sandy Simon Phone call - Jesse Vance Open File - review documents. Prepare Fax to Jesse Vance. Review county aerials. Phone call - Jesse Vance. Phone call - Jesse Vance Prepare letter to Jesse Vance Phone call - Bill Finley Receive and Review - title chain for motel. Phone call - Jesse Vance's office Receive and Review - Fax from Wilbur Smith Assoc. Phone call - REDI Phone call - Jesse Vance I Receive and Review - title chain for Carole Plaza, Continue review of title chain - Carole Plaza Conference with Jesse Vance and site inspections (BDM) Inspect site and conference with Jesse Vance. (JWV) Review county maps. Phone call - REDI Data. Receive and Review - aerial photos and plat . maps, Phone conference - Herb Thiele Conference with Jesse Vance. Phone call - Jesse Vance Phone call. Jesse VAnce Phone call - Jesse Vance ., , 1i { 1; ;.:..-: -t' r ;~ TELEPHONE (407) e84-5,544 2.50 2.50 ,50 .25 .50 .50 .25 .25 .25 ,25 ,75 1. 00 1 .75 3.50 3.50 ,50 .25 .25 1. 00 ,25 .25 .25 " . " RE: City of Delray Beach - Parking Garage ----------------------------------------------------------------- Page 2. 8/9/89 9/12/89 9/15/89 9/18/89 Phone call - Jesse Vance Phone call - Jeff Kurtz Phone call. Sandy Simons Phone call - Jeff Kurtz Total +lours: 21,00 hours x $200,00 per hour = $4,200.00 COSTS INCURRED: Attorneys Tit 1 e Services $ 197.50 Aerials 28.09 Phone Cd 11 S ( long distance) 23.16 Meeting Expenses 27.88 T at a 1 Costs: $ 273.63 -~.. JWV/pm \ SERVICES: COSTS: TOTAL OUE: . JAMES W. VANCE, P.A. " .25 .25 .25 ,25 21. 00 $4,200.00 273.63 $4,476.63 TO: FROM:! SUBJE T: DATE: M E M 0 RAN DUM Malcolm Bird, Interim City Manager Yvonne Kincaide, Budget Director Un-Anticipated Legal Fees Lavers, Parking Garage, Tennis Center Site Projected cost: $20,000 October 17, 1989 Recommendation: To defray the cost of un-anticipated legal fees, funding is available in 1988-89 General Construction Fund-Contingency, YK/bg t , " ;,., :,. MEMORANDUM TO: Robert A. Barcinski Asst. City Manager/Community Services william H. Greenwood -ft}?l,ffJ /c/t7/ttf Director of Public Utilities FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 24, 1989 - GRANT FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATION DATE: October 17, 1989 Item Before City Commission Request City Commission to authorize the City Manager to accept a grant from the Department of Environmental Regulation to con- struct water line extensions to service four (4) properties with contaminated private wells: 1. Edward Jubinville - 4845 Jefferson Road 2. Debra Miller Snodgrass - 4855 Jefferson Road 3. Louis Smith - 14845 Whatley Road 4. Russell B. Jennings - 1310 Northeast 8th Avenue These private water wells have been contaminated and the Florida Department of Environmental Regulation, Bureau of Waste Cleanup will pay the cost of line extensions, meters and capacity charge up to $10,000 per residence. State would install carbon filters and reverse osmosis home treatment systems if the total cost per residence exceeded $10,000. However, the State. prefers to connect the residences to a municipal water sy~tem. Water service agreements will be required with the three residents located in Country Club Acres. Anticipated grant would be $31,445 out of ,the total estimated project cost of $40,357. City cost would be $8,912. Backqround Three residences on Jefferson and Whatley Roads are located in Country Club Acres which is a county pocket; the fourth residence on N.E. 8th Avenue has recently been annexed. ^ ' .r,.,' ~; * ^ ~,~ ~ " '~""::"'!.."'''''~.':'~::.:... . . .~''',*-$-~i:"'':::''':,:-,, ::~~~r' 4~~.~:'~ '~~ ~ .~"-'.}~': . " ''', cp:O' ","'.....,{'. ", ...... .;........::- ~.;:..:,~.',.:"":;.:~... ......,,:: -:*. t ..:;~.,i . '" "1: y;' ."j", -"~~":llIIio...__....._....- Estimated construction cost for the Country Club Acres residences is as follows: Ductile Iron Pipe and Fittings - 1750L.F. @$20L.F. Meter Connection Fees 3 @$1,304 Total DER Grant City Cost = $35,000 = 3,912 $38,912 -30,000 $ 8,912 Proposed water line could serve 59 lots. It is anticipated that additional residences will experience contaminated water wells in the near future. Estimated construction cost for the residence on N.E. 8th Avenue is as follows: Polyethylene Pipe and Fittings - 50L.F. @$8L.F. Meter Connection Fee Total DER Grant City Cost = $ 400 1,045 $ 1,445 - 1,445 - 0 - Staff Recommendation Staff recommends acceptance of the anticipated State Grant in the amount of $31,445. The water line extension in Country Club Acres has the potential to serve a total of 59 lots. City contribution to resolve this health hazard, if required, would be from 441-5161-536-60.68. *'d o ' . .___u.___.~_.___ ___._ ~, t' '* ~ ,~ >> . ~' " . , " " .r... C I T Y COM MIS S ION DOCUMENTATION TO: ROBERT A. BARCINS~, ASSISTANT CITY MANAGER ~ /f '/4~. ~~ FRANK R. SPENCE, DIRECTOR DEVELOPMENT SERVICES GROUP ~~OV~S~"'R DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF OCTOBER 24, 1989 CONDITIONAL USE REQUEST - EBEN EZER DAY CARE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request which would allow the establishment of a day care center on the west side of S.E. 3rd Avenue, mid-block south of S.E. 2nd Street. BACKGROUND: This request involves only the question of allowing day care on the site. A site and development plan has not yet been finalized since it became apparent early in the review that the use may not be granted. Thus, the time and financial resources associated wi th development of a formal site plan have not been incurred while the resolution of the use question remains uncertain. Please refer to the P&Z Board staff report for more specific information about the request and the analysis of the conditional use request itself. , PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board held a public hearing on this item. While no one spoke in opposition, there was one letter of opposition. The Board failed to make a recommendation in that a motion for denial failed on a 3-3 vote. The basis for the recommendation was a finding that Standard H, general compatibility of the proposed use with adjacent properties, was violated. Positions advocated by Board Members included the following: in-support of the motion to deny: the opinion that day care least in a residential communi ty or neighborhood commercial venture; is more appropriate, at neighborhood, as a service and not as a the proposed intensity of approximately 90 children presents concerns with the amount of traffic and neighborhood impacts. concern with placing a commercial use within a residential neighborhood; in-support of the request: the continuing need for additional day care providers and services within the City; rejection of the notion that day care should be considered as a neighborhood service; no opposition at the hearing and no impact upon the immediate neighborhood. appare~8 City Commission Documentation Meeting of October 24, 1989 Conditional Use Request - Eben-Ezer Day Care Page 2 The Community Redevelopment Agency is to review and comment upon the request at its meeting of October 19, 1989. RECOMMENDED ACTION: Commission discretion. If approval is granted} a site and development will follow. The ability of outdoor recreation area will establish the maximum loading of the facility unless it is otherwise restricted as a part of the conditional use approval. Attachments: * P&Z Staff Report REF/DJK#53/CCEBEN.TXT PLANNING AND ZONING BOARD MEMORANDUM TO: PLANNING AND ZONING BOARD ~~ ~F. DELRAY BEACH ~C0~~ jkl.x'~ FROM: DAVID J.KOVACS, DI~OR DEPARTMENT OF PLANNING AND ZONING SUBJECT: SUPPLEMENTAL INFORMATION, MEETING OF OCTOBER 16, 1989 EBEN-EZER DAY CARE CENTER REQUEST The following is provided in addition to the staff report which was previously prepared for this item: 1. Access : The external access for this property will primarily be a pattern involving Swinton Boulevard, S.E. 2nd Street, and then onto 3rd Avenue. This traffic pattern does not adversely affect the neighborhood in that it uses streets designated as a County Collector and a City Collector respectively. 2. Ad;acent lot to the north: The staff report expressed concern regarding the future of the lot to the north which will be between an existing commercial use and the proposed day care center. A review of ownership records shows that that lot is under the same ownership as is the developed commercial property. Thus, it seems that the most appropriate use of the lot would be its combination, in some manner, with the commercial property to the north. , 3. Water Main Extension: Further staff review of the water main extension and fire suppression needs is as follows: the driving force is the upgrading of the water system in the area. To accommodate this, the developer of the site should extend a water main from 2nd Street to the furthest end of the property being developed. continuation of the water main, main in 4th Street will be development or by the City at a and its looping accommodated by later date. the 6" other a hydrant should be installed in front of the new use at the the time the site is developed. , >:~ ,~ >J ," ..~ .::'." :~:: ...... :-:-: ..~ ;r " I :~ '. : :;. Supplemental Information Re Eben-Ezer Day Care Center Meeting of October 16, 1989 Page 2 4. Land Use Desiqnation: The current Land Use designation is that from the C.R.A. Plan and is multiple family. The proposed Future Land Use Map includes this site in one of the redevelopment areas. POlicy C-2.1 of the proposed Land Use Element applies as follows: "If a private development proposal is made within a redevelopment area, one of the following options shall be pursued: * acceleration of the deferral of the land use completed; or, redevelopment plan and request until the plan is * consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request." Given the scale of the request and its location, it seems appropriate to proceed in the latter manner. c: Applicant Project File :::~ ;~ \~ .:.;. i .::;:: '.~ ~' :1 : .~ .: t : .. ,': . .~ PLANNING B ZONING EOARD "'EETlNG DATE: OCTOBER 16, 1989 AGENDA ITEI.!: IV.G. IrE"': CONSIDERATION OF A CONDITIONAL USE REQUEST FOR A CHILD CARE CENTER (EBEN-EZER) --- STAFF REPORT ~~:' . . . 'I' m ~ ~ '. . , r '.:j f-~' .., r~~" .' . ~' .... 'W Jo: .. . ..':;- G .1~. J/fC~T :'~'i1 : : j . . I c.-... 'r-- ci: ~~ j . '-.::- . .:.:... ...:!; . I , @ tlffi2 ~f:-~ ~ . I~ ~; : I I . 't t ". .. .., - 1--:'_ .. '0-- , , . . . '. . ~f:-H:' ~ p' ~ ; : ,; '..~. ~II : :' : . . . ~' "~....:." c ," ~.... ."" . :.!.. : ~ """ 'lj ; ;: . ~ .,; I "' n , . . ,. , .. k ~ , . ~'l.; ... ,.~ , ..' ....-r. , '". t 41 : _ ..it ~.tlB ."II~l' t:;~.. -:: :' l"tJ ciz . .. . If , I -.:Jrj. 12 ,. . 4-:1 t 3 I. .' I. 4 W; ~Jp=:~~ ." " .. .. c. ~ " '" 1 ... .. .,' J -" . . --- . . ~." I ~ I -~ . " .. !...., . ~ . . I t::: · ~ .. . ,~ " .. I :\ . ~ '; . " '''t! " . gs ;.,..f-.,. , , '".Jl" . ...3.. . , ~ '. . , ~ .1 .. u " ,. GENERAL DATA: ":""f-j1J , . .. OWner........ ... ....... ....... ..James H. Batmasian ~ Contract Purchaser..............Daniel Morisma , Location........................west side of S.E. 3rd Avenue, between S.E. 2nd Street and S.E. 3rd Street. Property Size...................18.225 sq.ft. (0.418 Acres) Community Redevelopment Plan....Multi Family Residential City Zoning.....................RM_10 (Multiple-Family Dwelling District) Adjacent Zoning.................North. south and east is zoned ' RM-10. West is zoned SC (Specialized Commercial). EXisting Land Use...............Vacant land Proposed Land Use...............5.439 sq.ft. day care center with a capacity of 90 students. Water Service...................Existing 2" mains located along S.E. 3rd Avenue and along the alley to the west of the property. Sewer Service...................Existing 8" sanitary sewer located in the alley west of the property. ITE"': IV.G. < . " t 'X-.; y. " t, y , a: ", ',\ ...,~ ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a Conditional Use request for the development of a child care center. The project is to be ~nown as Eben-Ezer Day Care and is to be located on the west side of S.E. 3rd Avenue south of S.E. 2nd Street. BACKGROUND: The prope~ty is vacant and located with a RM-10 zoning district. The property to the north/south and east is RM-10. The land use pattern to the south and east is single family residences while to the north is a vacant lot. Immediately north of the vacant lot is an area of (SC) Commercial Zoning. To the west the property abuts SC zoning containing jOint Commercial and Residential Uses. There appears to be no pr~or land use history on this parcel. PROJECT DESCRIPTION: The development p~oposal is to construct a one story 4,638 square foot structure which will accommodate a maximum of 90 children. The structure is proposed across three 45' by 135' residential lqts wlth a total area of 18,225 square feet. A play area of approximately 5,893 square feet is ccn~~'~~ The building dimensions and total number of children allowed may change with the ~esubmittal of a site plan accommodating code deficiencies identified with initial staff review. ~ DAY CARE CRITERIA: In addition to the requirements of Section 173.867 (Site Development Criteria),\Section 173.848 (Conditional Use Criteria~ Day Care Facilities must meet the requirements of Section 173.063 (Day Care Criteria). Following is the analysis of that criteria; Section 173.063(A) requires a minimum lot area of 7,500 sq.ft. This ~~ meets this requirement as it contains 18,225 sq.ft. Section 173.063IB) requires a minimum floor area of 35 sq.ft. per child exclusive of space devoted to bathrooms, halls, kitchens, offices and storage.~~~\~~~tructure contains a total of 4,683 sq. ft. After subtraction of bathrooms, halls, kitchen, offices and storage, the usable floor area lS 3,359 sq.ft. This would allow 95 children, a maximum of 90 has been indicated on the application. " , ~ . f ! , , + ~ , . . Staff Report-Eben-l ,r Day Care October 16, 1989 Page 2 Section 173.063(C) requires a minimum of 75 sq.ft. of outdoor play area per child. The applicant has provided approximately 5,893 sq.ft. allowing a maximum of 78 children. Several code deficiencies with the development proposal's initial submittal, including the need for additional parking spaces and landscape islands, may further reduce the available outside play area. The maximum children that can be accommodated will be limited by the amount of outdoor play area that can be provided. Section 173.063(D) requires a 6 foot fence around the play area. A six foot fence has not been provided and must be added to the revised site plan required if the Conditional Use is approved. Section 173.063(EI drop-off area. A proposed. Section 173.063/F) requires compliance with State and County regulations. These must be met to obtain thc required Day_Care License. requires a convenient pick-up and twenty foot one way drop-off area is CONDITIONAL USE ANALYSIS: The project has been reviewed under criteria in Section 173.848, "Standards for Evaluating Conditional Uses". Due to the Boards initial concern over the location of the cente~ the Conditional Use Application has been separated from the site plan, The applicant has been advised to proceed with the Conditional Use portion before revising the initial site plan submittal. The fOllowing analysis is made on the original unrevised subm~ttal. '.-;. Standard A (Ingress and Egress! One point of ingress (the northern 12' driveway, is proposed with one way traffic proceeding south thru the development and exiting at the 12' Southern driveway. A 20' one-way driveway ~s proposed which passes the front door providing adequate room for a drop off and pick up area. Proper signage and striping must be provided to assure proper traffic circulation patterns are followed. Standard B (Parking and Loading Areas) Pursuant to Section 173.773(Dl one parking space is required for each 300 sq. ft. of total floor area. The 4,638 sq. ft. structure requires 11 parking spaces. With the initial site plan submittal 12 parking spaces (8 x 18) were shown, however, terminal landscape ~slands were not provided. With redes~gn only 9 spaces can be accommodated with the current layout. If the Conditional Use is approved site plan revisions must accommodate either increased parking or reduced building square footage. " ".- , , . Staff Report-Eben-l ,r Day Care October 16, 1989 Page 3 The code does not require this use to provide a loading area. Standard C (Refuse and Service Areas) On ~he initial site plan submittal a 10 x 10 screened dumpster area was proposed. The location was inaccessible and a redesign is necessary. Standard D (Utilities) Pursuant to Section 173.870(E)(12), the location of all water and sewer lines are to be provided on the site plan. The utilities should also be located on the legal survey. In addition, with revised site plan conceptual water and sewer plans are required. From the water and sewer atlas the following information is gleamed: Sewer service is available via a 8" sewer main which exists in the alley to the rear (west) of the property. The alley however, appears to be in the fenced yard of the adjacent uses to the west. The survey submitted with the application must be expanded to include the alley and location of adjacent utilities. Water Service is available to the site from a 2" water line located along the east side of S.E. 3rd Avenue as well as in ~he alley to the west. If connection is made to the main along S.E. 3rd Avenue Jack and bore under S.E. 3rd Avenue will be required. Fire Protection is a concern as the nearest fire hydrant is approximately 400' away. A 6" main and hydrant is located along the north side of S.E. 2nd Street.An eight inch main may have to be extended south from S.E. 2nd to this facility. In addition as the Fire Department does not allow dead end mains, this main extension may have to be extended south to the next 6" main located at S.W. 4th Avenue. This will require the installation of approximately 1300' of main. Fire hydrants and or connections for future hydrants will be required every 300'. The cos~ for this improvement wi~l be by tpe applicant~ Standard E (Screens and Buffers) A 3' Ficus hedge has been proposed around the perimeter of the s~te along with 10-14' Black Olive trees. Additional trees along with landscape material dimensions must be provided with a revised landscape plan. Additional screening will also 'lit required for air conditioners and the proposed dumpster location. Applicant should identify locations of existing trees on the site plan and con~act the landscape department to verify if they should be saved. The exis~ing trees are located in the proposed play area and would provide shade. ~ . <J. ~, . ,t " ~~ ~.'- ~ ' *, / ,~ ~ iI" '<1" , ,~ <:.J(..GI."-~ L"l.1.::;.i:-"U..l..\,..-.t.Jr.Jt~.i.-l '::.1.. !.Ja.:t \""'c:l.L.t::: October 16, 1989 Page 4 Standard F (Signs and Lighting) No project sign has been located on the site plan. Pursuant to Section 173.870 the location of signage is to be provided on the site plan. Signage approval requires separate permitting through and approval the BUilding Department. A lighting plan is also required and has been provided. Details of the lighting fixtures and potential wattage must be included. Standard G (Setbacks and Open Space) The development proposal meets all the required building setbacks. Open space is a function of the 75 sq.ft. per child day care criter~a requirement. See discussion under Day Care Criteria. Standard H (General Compatibility of use with adjacent properties and other properties in the zoning district) The use is not incompatible with the (SC) Commercial Uses to the west. The proposed structure has both height and elevations which _is residential in character. ,_ 'I:hese factors _wilLhel~the facili t.y - to be more compatible with eXisting residential uses to the south and east. A concern however, is that one residential lot 45' in width is sandwiched between this use and the commercial uses to the north. The lot could still be developed yet the desirability to locate between commercial uses to the north and a day care center of this size is questionable. A C'~ . wide inventory of existing and proposed child care centers which~addressed their locations, capacities, current enrollment and waiting lists has been compiled. Currently Existing Day Care Slots Proposed - Including Centers under construction or with site plan approval Capacity Demand 1359 296 Current Enrollment 1191 277 Total on Waiting List 1655 1468 f, " i '.' Staff Report-Eben-I r Day Care October 16, 1989 Page 5 One existing child care center is located within 1000 feet of the present proposal (see attachment). That center is: Capacity Enrollment Waitinq Community Child Care 215 SE 1st Avenue Ages 2 - 5 years *Revised waiting list pending- 'It will include County wide title 20 recipients (Palm Beach County Schools is now the Central Agency replacing Florence Fuller Development Centers role) . 35 35 24* However, in location and construction children) . the future this ~~c~\d~' will be abandoning th~s moving these 35 children ~nto the new facility under at Lake Ida Road and NW 4th Street (capacity 80 Four existing the present fOllowing: child care facilities are located within 2000 feet of proposal (see attachment). These include the Capacity Enrollment Waitinq St. Paul's Day School 188 S. Swinton Avenue Ages 3 to 5 .36 36 1 The Sunshine Place 216 S.W. 2nd Avenue Ages Infant to 5 60 60 o Tag Day Care 117 S.W. 3rd Street Ages 3 1/2 mos to 5 years Little Friends Kindergarten 400 S. Swinton Avenue 75 Ages 3 - 5 45 40 o 75 10 216 ;211 11 The following facilities have been site plan approved within 2,000 feet, and the first two are in for a bUilding permit at this time. , " ;.,. :6~ ~ .5' ; " ~. t. " Staff Report-Eben-~_~r Day Care October 16, 1989 Page 6 Capacity Happy Times Child Care 35 200 S.W. 1st Avenue Small World Child Care 40 302 S.E. 4th Avenue First Years Quality 42 Child Care 346 S.E. 1st Avenue (NW corner of S.E. 4th Avenue) 117 Standard I (Height) The proposed structure will have a maximum height of 22' 4" and will have elevations that are residential in character. The height and character of the building will therefore be compatible with the surrounding residential uses. Standard J (Economic Effects on Adjacent Properties) The establishment of the use should have no negative economic effects on the (SC) Commercial property to the west. As the proposed building is residential in character,this will limit any negative economic effects which mayor may not be experienced by the residential uses to the south or east. The~residential lot immediately to the north~nbw be sandwiched between~Commercial Use to the north (Restaurant) and the Day Care Center to the south. The economic effects on this lot are unclear. ' SITE PLAN ANALYSIS: As previously stated a complete site plan analysis has not been conducted as submission of a revised site plan which responds to initial review co~ents has been deferred pending a determination on the compatibility of the use. Only those portions of the site plan which directly effect the Conditional Use Analysis have been itemized above. Upon a favorable Conditional Use determination a revised site plan addressing the above items as well as other site plan deficiencies discussed with the applicant must be provided. The site plan will then be reviewed using criteria outlined in Section 173.876, "Standards for Evaluating Site and Development Plan Applications". CAB (COMMUNITY APPEARANCE BOARD): The CAB has not reviewed the development proposal pending the determination on the Conditional Use aspect of the development. Many deficiencies were identified with the original submittal and provided to the applicant via a meeting. The noted deficiencies must be addressed in a resubmittal if there is favorable action on the Conditional Use request. " /' F' , ,) " ><, " I;, " tF, .' , t .. ~ .' ~ ~ ,;., Staff Report-Eben-I r Day Care October 16, 1989 Page 7 COMMUNITY REDEVELOPMENT AGENCY REVIEW: The project is scheduled for the meeting of October 19, 1989 and at the comments were not available. Community Redevelopment Agency the writing of this staff report ASSESSMENT: Day care c~pters are allowed in single family areas as conditional uses only!not as permitted uses. This is partly due to concerns that a day care center within a residential area should serve the immediate needs of that neighborhood and not attract additional outside traffic. The inventory of Day Care Centers in the immediate vicinity shows five existing facllities currently 98% full. within 2,000', chree new facilities are approved, two of these will be under construction shortly, adding an addition~75 day care slots. Off-seting this increase will be the relocation of 35 existing slots (Community Child Care) from this area to a new facility at Lake Ida and NW 4th Street. while there is no question that additional day care slots are needed in the community, the locating of a facility should serve the neighborhood needs or it is better located elsewhere. ALTERNATIVE ACTION: 1. Continue with direction. 2. Recommend approval of the Conditional Use request based upon positive findings with respect to Standard A-J of Section 173.848 "Standards for Evaluating Conditional Uses" and subject to submittal and processing of a revised site plan. 3. Recommend denial based on failure to make a positive with respec~ to Standard H (Compatibility) of "Standards for Evaluating Conditional Uses". finding 173.848 RECOMMENDATIONS: Recommend approval of the Conditional Use request based upon positive findings with respect to Standard A-J of Section 173.848 "Standards for Evaluating Conditional Uses" and subject to submittal and processlng of a revised site plan. 12~ M~ llc ? /1.<../ 'l)..J..:\) PD/#22/A:EBEN-E.TXT " , \ ~ .~ . <- ,. , f " t: . ? , , .. No. Title 20 1 2 3 N 4 N 5 N 6 7 8 Y 9 Y 10 y EXISTING CHILD CARE CENTERS N A M E Waiting Capacity Enrolled List ~~St. Paul Day School 188 S. Swinton Avenue Phone: 278-4729 Ages: 3 to 5 years Happy Times Child Care 200 S.W. 1ST Avenue De1ray Beach, Fl. 33444 The Sunshine Place 60 216 S.W. 2ND Avenue Phone: 272-3639 Ages: Infants to 5 years Tag Day Care 45 117 S.W. 3RD Street Phone: 265-0175 Ages: 3 1/2 mos to 5 years Little 400 S. Phone: Ages: Friends Kindergarten Swinton Avenue 272-2622 3 - 5 years First Years Ouality Child Care 346 S.E. 1st Avenue (NW corner of SE 1ST Avenue Small World Child Care Fac. 302 S.E. 4th Street Community Child Care 215 S.E. 1ST Avenue Phone:- 276-0520 Ages: 2 to 5 years Young Tiny Tots 340 S.W. 6th Avenue Phone: 276-5111 Ages: 3 mos. to 5 years Young Tiny Tots II 310 S.W. 6th Avenue Phone: 276-6201 Ages: 3 mos to 5 years '':".- ^ 10- ^ < ,. <, 75 42 40 35 47 49 .1,", 36 35 36 1 60 o 40 o 75 10 35 24* 47 10 42 10 Waiting No. Title 20 N A M E Capacity Enrolled List 11 N Kenland Academy 57 27 0 601 S.W. 6th Avenue Phone: 276-6201 Ages: 6 mos to 5 years 12 y pullums Playschool 34 34 0 620 S.W. 8th Court Phone: 272-1165 Ages: 2 1/2 to 5 years 13 N Bar and Ferg's Day Care '75 75 13 200 Sterling Avenue Phone: 278-8669 Ages: 2 to 5 years 14 N The Training Depot Preschool 40 24 0 831 S.E. 4TH Avenue Phone: 265-1177 Aqes: 2 to 5 years ~ 15 y Alpha-Time Childrens Center 99 94 63 770 SW 12th Terrace Phone: 278-1771 Ages: 3 mos to 5 years 16 Auburn Trace Child Care Ctr 99 Auburn Avenue (S.W. 12th Avenue) Phone: Ages: Status: Proposed 17 N Montessori Academy of Learn 45 26 0 1429 NE 3RD Avenue Phone: 278-8079 Ages: 2 1/2 to 5 years 18 N 1 2 3 World 2225 NE 3RD Avenue Phone: 278-0123 Ages: o to 2 years 7 7 10 2 to 5 years 26 19 0 19 N Sugar Plum Tree 1 21 20 0 203 North Dixie Blvd. Phone: 276-6610 Ages: 2 to 5 years " ~. ", ~-." ~ ..' .'f' ;:" '. ~~:::;,r .'~~ ::~~:,Il':- , ',' i -,,. ~ ~ f , ~ 1 ~, " t:H:' ~'i, t, & ,t, ~ '" 1 "'Ii d t I " . . ~. , ; No. Title 20 N AM E Waiting Capacity Enrolled List 20 N Sugar Plum Tree II (2-5) 219 N. Dixie Blvd. Phone: 276-6610 Ages: 2 to 5 years 40 23 0 o to 2 years 6 3 0 21 N Wee Care at Cason 56 66 12 312 N. Swinton Avenue Phone: 278-9331 Ages: 4 mos to 4 years 22 'l Community Child Care Center 80 NW Corner of Lake Ida Road and NW 4th Street 23 y Honey Bees Naps and Laps 30 22 9 601 NW 6TH Avenue Phone: 278-9696 24 N Wee Wisdom Montessori 120 112 4 101 NW 22ND Street Phone: 276-4414 Ages: 2 to 5 years 25 N Seacrest Preschool 106 98 20 2703 North Seacrest Blvd. Phone: 276-5552 Ages: 2 to 4 years 26 N Delray Primitive Baptist 54 30 0 Infant Care 1717 N.E. 2ND Avenue Phone: 278-1982 Ages: 6 wks to 2 years 27 N Daughter of Zion Little 33 13 0 Lamb Day Care Center 201 NW 3RD Avenue Phone: 272-8696 Ages: 2 1/2 to 5 years 28 y ** Kiddy Kampus Nursey 68 68 75 115 S.W. 10th Avenue Phone: 278-3115 Ages: 3 mos to 6 years , , . <- " . No. Title 20 N A M E Waiting Capacity Enrolled List 29 y Lake Ida Day Care Center 18 18 5 455 Depot Avenue Phone: 243-0353 Ages: 3 to 5 years 30 y Little Folks Day Care 77 77 1 326 NW 7TH Avenue Phone: 276-2920 Ages: 8 wks to 5 years 1655........ 1191 277 .......... 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" I~ ,." ~ ' PlACEI=i_i,.:: \ ...~. ,'., .~"_'r_,:,,,,_,,; : t: -.-_.~." :.,:, _ j'~ r.~~~ ~,~ f?~~l _..~;:!( ;~';-:;:",';"~ ..... ~':::4'~ III" -. !t';;"'~-"il", :i,~;;"4';"., .:';'" ~~~~ ~~~"::1F--l ,,: ...:. ~ ..,....., '~...Ii.. r.r.r.; [5; -....-;.~,., I :.'~:!1 't" ,...,...~.. '-J:'-,~_:';:~\J.i! ',.../f,:,l ~I ~II/ ., ~ ~"~"'''''__ . " , D'L." =.. ~ ..~ '~~.'.:'.= 13" ,: ~ .,ALL' t "..' .~- I D::1STIIIG("NILDC"'Ilr.CblTlt:IlS ~II ~) '" "r'!'""'7' ~'II! ',,':':::,:..' '::'..":'; :.. ;~ ',' ... V.IU", ~~ , .~. ,Oflll.AY l .......... HARBCJ:t ! 1.r.J.I... . ".' I ' t<;. TIll.. 20"5.. ,...~:: ~"oal e....."::.. ""'Olt Li:1 .. ~,/ Ll~ _. I~' . .....lL ~'. w;..&<ii ~~f 2 I' ~:""'~ 'I. I..S.5oo.nton...y........ .' - '1 ./' !....;M~.r.!"flt,......-- _.'r."':7~- ::::;' :':;':':'... . '.r-"""""] I d " I'::: ......~.. ~. ~.., 5 i ;'>'.:'0. ,'. , I , ~ ~ '. .--. .... 01.0 I L J ~".=~':/:~~:~u. n ....":--....M......,......_._ -.......,. ........ . .m.:!~....,..._-':J Ddn,.-..clo. Fl. nut "iJFRIE If "".16 I~l I '.: t';.,:.:.!.~~f~ ~. J " no. kMlrll_ '1_ to 60 0 i . Ii \.... . 216 ..... lllD "........ . ~, V ,'I) . .J ",-, an.JU' ..... tlI,....u,.,.,...... T..~yCU. III I."'. )UIU.., .... In-Ol n ,..... Jln_to'........ LitU.hl......U........rteft .."I....l.~A..._ ...... all-IUI ....... '4''''''' .. .. . IOQ. T..,..l11 II "tlr. c.-i.... b'oll_ "un... Uat " . ~""h"" "''''''''''''f H 1oG1 S.W. "hll__ ffIa..., 21&-6111 ....,.., "_I.~ ,...... Pull... ,1"PCtlaol U 610..... .u. cOlOn flloM, 2U.U" .a, 2112\0',..... " . " " " " , " 'lieu Y..~lhY mJ.a U".I. UA...Il-' fiN cor...rof.IIIT,....._ .. u . , ~t,Ch1UC.n JU..1:.1STA....._ ",-, 2".OnO .a, 2to"..... " " '" " " .....IMl'.r...DI'C_ " 200 St...U",,_ tlIofto, n...", .., Jt.,rou. no ba1ll1", ~.......I a. 1J1..I:.a",,_ 1'IIoM. 2'~ln'J ".... 2..',.... ..l...."t.oCllll14.._eo.tft .. no..,u..,......_ "-. 211.nll ......I_..S,..... " " J'Alll.lPl~:~:,~p.rU! .. " YOlO.,. n..,.'lou UO ,.w. ath .....11_ ",-, nl-51ll ...... I_.tol,...,.. " " " " , .. " " YOIl.,."lilY TlJuII no S.W. 'tI\A...."... ~, 2"-1201 ...... '_...1.,..,.. .. .. " " -= F.::. ~~.. ~nh~: -, ..... .Ut...l......... "", x' -~ , " x '" ,y ..... >- , . CITY COM MIS S ION DOCUMENTATION FROM: ROBERT A. BARCINS ,ASSISTANT CITY MANAGER ~/1 FRANK R. SPENCE, DIRECTOR ~ELOPMENT SERVICES GROUP ~ J ~\JCW- D ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: VIA: SUBJECT: MEETING OF OCTOBER 24, 1989 SITE PLAN MODIFICATION - WALLACE AUTO DEALERSHIPS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan which accommodates expansion and modification of existing facilities and previously approved site plans for tlle Wallace Automobile Dealership complex on Linton, east of Germantown Road. BACKGROUND: Development of this complex has been before the City Commission in various forms over the past years. Most recently, approval has been granted for rezoning of some property to SC and for a conditional use request which permitted the expansion of the existing use. This site and development plan provides the particulars of the proposed expansion. Please refer to the P&Z Board staff report for more specific information ab'out the request and the analysis of the site and development plan itself. Associated with Queens Avenue. Board as a part this site plan is the abandonment of a portion of This abandonment will be officially before the of the platting process. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered the request. There was no public comment nor were there changes to the staff recommendation. Some discussion focussed upon the adequacy of the number of employee parking spaces. The agent concurred that additional spaces needed to be designated. This item will be accommodated on the site plan revision which will accommodate other conditions of approval. The Board then,on a 5-0 vote, forwarded the site and development plan with a recommendation of approval subject to the conditions as presented in the staff report. RECOMMENDED ACTION: By motion, approval of the site and development plan based upon the findings and subject to the conditions as recommended by the Planning and Zoning Board. Attachments: * * Cover sheet of the P&Z Staff Report The complete staff report is available in the City Manager's Office REF/DJK*53/CCWALLCE.TXT ~9 PLANNING B- CITY OF OELRRY ZUNING BOARD BEACH STAFF REPORT MEETING rnTE: October 16. 1989 AG~ ITEM: v (A) rlr~: Site and Development PLan, Wallace Auto Dealership on Linton Boulevard. , I I . I I " R[ 8111 1 '~o L Jc~~ , GENERAL DATA: owner...........................William L. Wallace, President wallace Ford, Inc. and Wallace Dodge, Inc. Agent...........................Michael S. Weiner, Esq. Location........................North side of Linton Boulevard, between Germantown Road and S.W. 10th Avenue, if extended northward Property Size...................16.72 Acres (727,832 sq.ft.l EXisting Land Use Plan..........C (Commercial) Proposed Land Use Plan..........General Commercial (Comprehensive Plan) City Zoning............ ..,...... .SC (Specialized Commerciall Adjacent Zoninq.................North of the subject property 1s zoned CF (Community Facilities). South is zoned GC (General Commercial), east is zoned RM-15 (Multiple-Family Dwelling District) and west is zoned SC. Existing Land Use...............existing automobile dealerShip, in part and vacant land, in part. Proposed Land Use..,............Automobile dealership Water service...................Existinq 10" main located along the south side of Linton Blvd. and an existing 10" main along the east side of Germantown Rd. EXlsting 6" and 8" mains located on-site. J~ Sewer ~pr\1;........ .;a;~ ;.;. :,1) '. ;[ ^ < " ~ " l' .I ?; .;. Ix \ 1- ~ , SITE PLAN " .~ " - ~ t I ,-....-... N '. c:e e;/ Z':.: \: . c. \: " ., ..; , or ~i5-:' -. t ~"'!~d -~_._~~ '1,! ~_.mL, c!5-.~ . 'f'" ~ ,.... . -.. ~ / , n" - ". -,O' -.. .... ,........ " ...- i. i /\_~ - ~- ,.~~ ,- . " .' / ./ .~( CITY COM MIS S ION DOCUMENTATION FROM: , ROBERT A. BA:CZ~' AS~S::ANT CITY MANAGER ~~ENCE' DIRECTOR C:S:~~:=GROUP DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING TO: VIA: SUBJECT: MEETING OF OCTOBER 24, 1989 SITE PLAN - LOT 2, CORPORATE TECH CENTER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and develoment plan for Lot 2 of the Corporate Tech Center which is located on the east side of Congress Avenue just north of the the City limits. BACKGROUND: This project situations. between two Center. does not present any signficant or unusual It does involve the build-out of a lot located other developed portions of the Corporate Tech' PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered the request. There was no public comment nor were there changes to the staff recommendation. The Board the~ on a 6-0 vote, forwarded the site and development plan with a recommendation of approval subject to the conditions as presented in the staff report. Included in the recommendation is support for a waiver from certain perimeter landscaping requirements and the use of compact car parking spaces. RECOMMENDED ACTION: By motion, approval of the site and development plan based upon the findings and subject to the conditions as recommended by the Planning and Zoning Board and the granting of a waiver from the provisions of 159.30 (Perimeter Landscaping) and the granting of Administrative Relief to accommodate 22 compact car parking spaces all as shown on the site and landscaping plans. Attachments: * * Cover sheet of the P&Z Staff Report The complete staff report is available in the City Manager's Office REF/DJK#53/CCTECH.TXT ED , _ANNING 8 ZONING BOARD &lEETING DATE: ITELI: s ..j TECH -, i r' .' '7"-'7 , , ~ ....-.,-'-'...1 CE'1TER - t::AI. i. 'ArIV'r " ...' 81< 4 ,I'(; 152 c' , . V) ....-1 - Q:: -,~... -W'l' - . I~MiU'IW(;II" i 4.J . ... ~~;'~.;I.;"'. , , . -;,~fl !~ I S...~ '.. . ,- ".. 'l.- -."tl~. , . <) ,'! <: ,I.....;-;-~ J3...-I, -~! .... " \. t.. ; ~ ~~~~; ~ ........ . l' I'.........-~ . ,<O~~, II ..ir......~. 1_. --, .t:: '. . ~ ADD. DURAY OAKS BK. 33. PG, /90 K 40, G 33.34 N - ~'- -_.~.!t:.4)~ :-~__ - : .:a:f....~ GENERAl DATA: Owner...........................The Cr~cchiola Group Agent...........................Timothy Cracchiola The Cracchiola Group Location........................East side of S. Congress Avenue, between S.W. 29th Street and the ., L-38 Canal (C-15 Canal) Property Size...................3 Acres (130,350 Sq.ft.) Existing Land Use Plan........ ..I'(Industrial) Proposed Land Use Plan..........Commerce City Zoning.....................LI (Light Industrial) Adjacent Zoning... .'............ .North and south of the sUbject property is zoned LI. West is zoned RM-IO (Multiple-Family Dwelling District). East is the Seaboard Coastline Railroad ahd I-95. Existing Land Use...............Vacant land Proposed Land Use...............48,854 sq.ft. office/warehouse development Water Service...................Existing 8" water main located on the east side of Congress Avenue Sewer Service...................Existing 8" sanitary sewer main located on the east side of Congress Avenue ITE&I: V.B, :f~ ::. f , / ~ - 't- ',-=Trrn rn,rrn'il , r'-'-Tr, 1 rr"~ _. 'I L..J"I/I/Ullllfl/LJ UI'I/IIU, , I r:: c - ;;=======~'-=l F--------------; t: _.J,I I, , I r- --III I I , ,.. ""\ --ill 'I I I _...J - 'II I, 1 t: -'tl I I , r- : ,: ] II I I I I >- '-,...-1' I I 1 .'1""-' r--J I I , l. ~'_!- ; II iJ: ~ : i, I , 'ii I I I I I I 'I/]I I I 1 I ~I 1 ,_.,..J r:-1 , '-1'~j' ~I I, fI' l'il I I I' ,- - '.' I I 1''-' I r- - [i' I I ,: '- I ,I:: f-~:: ill . l l :;~,:" 1&.1..______-' _ '--____ __.......: ~----1--~ ~-_.- - -__. , , 1 ~- ~ -_~__._ I 1l1IT=; i t~rF- E "" -::- " ~.J ~ 1-- ~ I. , " t=. , I I l=f. 1- ,/1 ~ '.. I I if Filii n I ~ I I ~~~ ~;'-' , ,r -j C:ljr=:> c:;;=:> I :JC: :JC: / I - ...IL- - - ,.J!_ - I --0-- .'.-0-- -,r-'- -,r-- 1 I I :JC,: :JC: I I c:=::~ c::=~':) I C--.::l C--:J - .J C _ _ .J C. .. I --I~- --11-,. -'1:- -,r-- , , -- - ---- I --J!...._ _..JL_ I I :32: :3~: I c - ..... :l C _ ..: :J I I I I ~ L'tl I 1 1181 I 1 , I 1 1 n III1 1 II n.I.f.,j.U..J.J.,r: ., 1.Ll u..1.Ll LLI .Ll LLI .u..1.L.l LLI.L.l lJ..T:U LL I _~" - - - - ... - . I I I 1 I I I I 1 _-1.._ ~ --- ---- i .. -f- --- ---.. I - --- II n I In 1111 l!:LU.J.LLU..lJ -, ~------ -, -., , I --' , I ... --I I.. r.J - -; , " .. , c'" I !i I '-_ :j rJ Ii.. L,:-- - -I I , L.... :"1 I I :::~' r:J I..-_______.J L__ ,rh,. rrll'T r rll,. r r,- UI/IIIIIUIIII:: ,,:~ .. " :f~ t f -.... .1 I I , ) 1 ./ s~ f~d\ I" .J- I ~ : ", i I I: I I I I I , I .) U ,[ ~I 1 I I ,I I -4- N C I T Y COM MIS S ION DOCUMENTATION TO: VIA: FROM: ROBERT A. BARCINS~, ASSISTANT CITY MANAGER ~/!~~ ~ FRANK R. SPENCE, DIRECTOR ~~LOPMENT SERVICES GROUP ~~~ ~I-)o.o-\- DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: 'MEETING OF OCTOBER 24, 1989 SITE PLAN - OCEAN CREST RESIDENTIAL DEVELOPMENT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a site and development plan for a two acre site located on the east side of A-l-A, south of Linton, in the vicinity of Bermuda High West. The development proposal is for a 16 unit townhome type residential development. BACKGROUND: This property has a complex background in that an existing "clubhouse" provides a recreational amenity for remote residential developments i. e. for Bermuda High West. Previous legal actions have provided certain rights and obligations with respect to use of the clubhouse, access to it, and parking. To accommodate development of the site some interpretations of development reg~lations had to be made. These included: * * that location and size (of landscaping islands pursuant to 159.31(A)(2) does not apply since the project is of a true townhouse nature with parking provided in, or adjacent to, a garage; accepting the exclusive parking for the clubhouse (per legal arrangements) to be counted toward satisfying the guest parking requirements for the new development and, ,thus, allowing use of compact parking spaces to result in a more efficient and effective method of providing guest parking. This latter point is under review by legal representatives of Bermuda High West and may be challenged. If a challenge is made, and the City Commission accepts it, it will be necessary for the project to be redesigned to provide an additional parking space. To accommodate another space and retain the integrity of the project it may be necessary to eliminate a dwelling unit. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered the request. It became necessary to undertake an extensive review of the site plan in order to resolve the on-site parking matter and other items. The fOllowing was accomplished during the review: * that the parking spaces requested for stabilized sod, not be sodded but that a redesign occur; that the mailbox location be moved closer to the entry; that compact spaces be installed perpendicular between the street and the privacy wall by unit 7; that the compact spaces be surfaced with paver blocks or equivalent decorative materials; the resulting 7 guest parking spaces are deemed 3 , sufficient given the interpretations which were previously discussed. * * * * ci ty Commission Do_ ..mentation Meeting of October 24, 1989 Site Plan - Ocean Crest Residential Development Page 2 The above items were in addition and are to be reflected on a accompany the platting process. to three conditions of approval revised site plan which will The Board then, on a 6-0 vote, forwarded the site and development plan with a recommendation of approval subject to conditions. Included in the recommendation is support for a waiver from the requirement for installation of a sidewalk along A-l-A. RECOMMENDED ACTION: By motion, approval of the site and development plan based upon the findings and subject to the conditions as recommended by the Planning and Zoning Board and the granting of a waiver from the provisions of 172.17(A)(2) (sidewalk installation). t Attachments: * * * Cover sheet of the P&Z Staff Report Reduced copy of the site plan The complete staff report is available in the City Manager's Office REF/DJK#53/CCOCEAN.TXT I PLIlNN'NG 8 ZONING BOARD L1EETI NG OATE: OCTOBER 16, 1989 I TELl: REST CONDOMINIUM, SITE --- STAFF REPORT --- AGENOA ITEM: V.C. PLAN, 16 Units on A-I-A South of Linton Blvd. i @ ~ ~ 8ERMUDA HIGH WEST 8IC. 36 PaS.. 13:1 . JENERAL DATA: owner...........................Ocean Crest Joint Venture Limited Partnership 1\gent..................... ~.... .Mark A. Muir Stene Kunick Association Location................... ..';-: .East side of State Road A-l-A, south of Linton Blvd., between Bermuda High South and Casta Del Rey North Condominiums. Property Size...................2.053 Acres EXisting Land Use Plan..........MF-15 (Multiple Family _ 15 units/acre Proposed Land Use Plan..........Medium Density 5-12 dwelling (Comprehensive Plan) , units/acre , City Zoning.....................RM_15 (Multiple-Family~welling District) . Adjacent Zoning.................North, south and west of the ' subject property is zoned RM-15'. East is the Atlantic Ocean. EXisting Land use...............Clubhouse owned by the Bermuda High West Condominium Association and vacant land. Proposed Land Use...............16 unit condominium development Water Service...................EXisting 6" water main located along the east side of State Road A-I-A. Sewer Service., .................Existing 12" sanitary sewer main located along State Road A-I-A. ITELI: V.C, , ). >:/j .:':..; .:.;. :~ :.:; .:-;.: ::\' ~. =:. ',' , -l ,\ :~ ,. t ::-: .. . -. , . ,n- .. H I ,I !:i , 11 1 ...... _..."a..- ... ," '., ,w ". ~tLt l ' . . ; t' ." " . ~ 2 !. I . ..~_. 'I . i' ti ill : J ", 'i . " " ;. = . tl ,'~ I ~';' I "- j I =- II ~ ; :., ~ . ~ " =tll -"- II .l -'-:-J~ a .' , '," ..I '. - - .... ! ";:; )~ i I~ ::t I i , , i i ! i ! J ,'i l :~ .. " f I C I T Y COM MIS S ION . DOCUMENTATION TO: RO"BERT A. BARCINS~, ASSISTANT CITY MANAGER ~ /l "ef-p. -~ FRANK R. SPENCE, DIRECTOR CJ~ \:V:CES GRO", DAVID J. KOVACS, ~r;iCTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF OCTOBER 24, 1989 PARKING REQUIREMENTS FOR COMMUNITY FACILITIES FOR RESIDENTIAL DEVELOPMENTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval through the Administrative Relief process of parking requirements for community facilities associated with residential developments. BACKGROUND: This sUbject has appeared before the City from time-to-time as an administrative relief item for individual clubhouse facilities. A typical situation is when an existing'clubhouse is to be expanded in order to provide better facilities. The expansion is not associated with an increase in use or clientele but because the floor area is increased, the Administrative Relief process must be followed. In other situations the parking to be provided becomes out-of-scale with the need when the service e.g. a,dining area is only for residents, many of whom will walk or take a golf cart to the facility in-lieu of driving and hence needing a parking space. To avoid unnecessary processing and delays in accommodating such situations, the following is proposed as a matter of pOlicy and code interpretation: Parking requirements for community facilities in residential developments: At the time of site and development plan review, the parking requirements for community facilities shall be established and reflected on the approved site plan. The amount of required parking shall take into account the intended use of the facility and the design of the residential development. For existing developments which precede the date of this policy and for amendments to approved site pla~, additional parking shall not be required for expansions to . community facilities provided however that the existing parking is not diminished. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board is not required to review this item; however the Technical Advisory Committee is. The TAC at its meeting of October 11, 1989, endorsed the pOlicy. RECOMMENDED ACTION: By motion, adopt the policy statement and code interpretation pertaining to parking requirements for community facilities in residential developments as provided above. l ~ REF/DJK*S3/CCADMIN.TXT , MEMORANDUM ~ TO: Robert A. Barcinski Asst. City Manager/Community Services William H. Greenwood ~4f~ u~II,/~f Director of Public Utilities FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ OCTOBER 24, 1989 - TIME EXTENSION - BID NO 89-40 FLUORIDE FEED SYSTEM DATE: October 16, 1989 Item Before City Commission Request City Commission forty-eight (48) day time Utilities Services, Inc. Change Order No. 2 for Bid approve Change Order No. 2 for a extension to November ~7, 1989 for No additional funds are required for No. 89-40. Backqround Specialized chemical feed pumps and appurtenances required to pump hydrofluosilicic acid are not kept in inventory by Wallace and Tiernan, Inc. Contractor attempted to substitute another manufacturer to decrease delivery time, however, after thorough review by staff and Post, Buckley, Schuh & Jernigan, Consulting Engineers the substitute was rejected. Contractor has completed installation of all the necessary piping and will install the pumps once delivered. Recommendation Staff recommends approval of Change Order No. 2 for a time extension of forty-eight (48) days to November 17, 1989. ..-. " -.-.,...............-......-;:::. -:'..,--~"_. -~-- .'. -,::--=:;;::::;;:;-:._-",.' ""', " I' .- ~ " }, 33 ~ .~: i .~. ., ~ ..' UTILITIES SERVICES, INC. Sewer & Waler Pump Slalion Specialilll 1940 NW 22.d STREET POMPANO BEACH, FLORIDA 33069 305-978-2022 1989 I <, I i -'J '" October- &, G', '. '- ;.... ~ City of Delray Beach Public Utilities 200 W. First Ave. Delray Beach, FL 33444 ,- . -- ~ '-:"::-:::..~-:.- ---=- Attn: Re: Mr. Wi 11 iam Greenwood, P. E. Fluoride Feed System Contract Time Extension Dear Mr. Greenwood, We apologize for our lengthy response time. Trying to get a firm delivery statement from the manufacturer is a delay in itsself. Yesterday the manufacturer called and sai~ that the remainder of the feed system should be here by Oct. 20; therefore, we ask that our contract tine be extended to Nov. 17,1989. Please do not hesitate to contact me should you need additional information. Sincerely, INC. 'y. ~ ~ ( g.. ~ " :to " q ",F'P., t~,. , ,~p':'it~:,'~';;'~~~~JI, , , ',;',.'}:,"':2:~~'-! .:j~~:'~'<:":'(~-'A.:~.:/~:~,C:>' ""i,,".;t~;i: '"-..~"""" .,.~':G"',.F~'~::-~~;;,:':~,'.~:-~1~''::~~:-:-4(_::~? " '.. "" ',-'<",;,:~~-:",..;.t::~~:it:.,~~~~ ,~,/,,:',:-',:\~~~<Yi~.;" . ~~',}.:' ,',r:-'.:,':-,~~e;.~"",:r., i.~':;,,~, !';:-..:J.,~ .' ~\ "'~~~-::~:::." .: -';,~'\;.~~~~ ~.i.:.:"~ .t. ',:' ""'~~.~;~f:~,.>- ',; .~; .::-~~,.. . , . . CITY OF DELRAY BEACH PUBLIC UTILITIES DEPARTMENT BID NO. 89-40 CHANGE ORDER No. 2 Dated October 13, . 198..!. Project No. Bid No. 89-40 Project Name: ,Installation of Fluoride Chemical Feed Equipment >, ~ Owner: CitY ot Delray Beach, Florida Contractor: Utilities Services. Inc. Contract Date: July 1, 1989 To: Utilities Services; Inc. . Contractqr You are directed to, make the tollowing cl1anges in the subject contract: 'oj Time extension to November 17. 1989 . which changes are more Ipeeftically described in the attached amended plans, drawing&, and specltications. The reason tor, the change Is as tollows: Wallace & Tiernan chemical proportion1nll pumps are not kept in inventory and will not be delivered until October 20, 1989 The contract price and contract' time shall be adjusted because ot such changes as tollows: A~ Contract Price L Contract price prior to this change order: - 0 - Page One of TWo Pages ; v . , , } ~ '* Ii, f ,.,; ? ,~ f' ., .' ? ~ ~: .; , , - ' , ,~.' ..... "'.:.' <:-;'~'.. ,.', "'.<~ CHANGE ORDER '.2... , , "-t'..'. 3?~~:~'~ 2. Net Increase resulting from this change order: .....Q,'.:. .- 3. Current contract price Including this change order: $64.165.00 , B. Contract Time '" L Contract time prior to this change order: 92 2. Net Increase resulting from, this change order: 48 3. Current contract time including this chai1ge order: 140 November 17 , 1989 , City of De1ray Beach, Florida, OWNER By: Attest: City Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on . 198L.. I understand that all the provisions of the Contract Document related to Project No. Bid tl~ 89-40 which are not inconsistent with the terms of this Change Order shall remain In feet and apply to all work undertaken pursuant to this Change Order. Witness: . CONTRACTOR As to Contractor By: Title ,"r Page Two of Two Pages - , t , , " I ,., ~ h . ('-'II ( IO~ MEMORANDUM TO: Robert A. Barcinski Asst. City Manager/Community Services William H. Greenwood ~~(q'i~r Director of Public Utilities FROM: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 24, 1989 - DELRAY BEACH GOLF COURSE WELLFIELD PART "E" - FINAL PAYMENT TO YOUNGQUIST BROS. INCLUDING CHANGE ORDER NO. 1 DATE: October 16, 1989 Item Before City Commission Request City Commission to approve Final Payment to Youngquist Bros. in the amount of $26,693.00 which includes Change Order No. 1 for the completion of the Delray Beach Golf Course Wellfield Part "E". Funding will be taken from #441-5163-536-60.71. Backqround A final inspection was staff on July 7, 1989. material and equipment satisfactorily met. Please see attached paperwork concerning the need for Change Order No.1. completed by the City of Delray Beach All work performed, and/or any and all supplied by the contractor has been Recommendation Staff recommends that the final payment be made to Youngquist Bros. in the amount of $26,693.00 which includes Change Order No. 1 with the funding source being #441-5163-536-60.71. .' , ,; \ 0 ,~ " ~, ~" , , *; "sZ , " ~ C.A ~ Sheet No, / of 2.. SCHEDULE OF CHANGE ORDERS Chang_ ord., Additions R.I.t... A",.,,", ~ It,,,, on Do.. Form Ooacription A...."n' Com, I.... De....~.n.. W.l000 t.4... (2) (3) (4) (5) (6) (1) '7/1'1 ~ ~ . lIKl(.....~ ~"" .. ~6"']D a ~? ]:>",// ~~ of s1""~ c-~c '-110 ... ~IO <:. 'III? ~)(~ " . ,,/00 . ::rUN~t;ON s.,., ,'cES 3... '700 ... ]) 'l/I? AJJ. ',,i,'oAJAI Wolt.k" 10 c-u.<<J ""14"" ;;l.~Ob .. " ~o'- . e ?II? ;:;'11 A'Ai ~?S .. 3 Fr., BA...fEA. " 016'3; CAI Te.s~,~ .?..~ ~~ . 010 . , o )~~, ~:~:.: ,~~ ~~., 2. ANAL YSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 'I$'~." Original contract amount (Col. 6 f,onl of Ih.. form) , >, ,'. PI".: Additions achedul.d In column 5 obov. , '. L...: O.dwellOftl achedul.d in c::olumn 7obove , .djvated controc' omount to dot. ~, +, 1",,' , ' / ?~.oOO. .0 ?g,'J. .. S"tO..~ /? ., OI.? 00 . V.,.,..I ori8;n.' Con"oc, wo,1c p.rlo"n,d to do,. (C.I.. "1"') "'. e.". wo,1c p.,I.rmod '0 dQ" ceol. 6 .ltO'll'. minu. C.l. 7) . '!.:" T..., .,.tw. 0' work p.rform,d to da,. I .~:.....: Amount ,.taln.d - o. petc.n' ;:-~'I\J At ~ ,."J ~:,"'t ''''Ount ..rn,d on Con'ract work '0 dot, .\44: Mat,ri.l. .,.,.d ot cl... a' .'hi' p.riod 3. ANALYSIS OF WORK PERFORMED J? /./I.a. ... !!~ 00 1'1...,.1. 1__. - 0- (Attech d",i1et1 acMtlwle) / 'J., .4''''?.... . -.- 1 L...: Amown. a' p,..,iow, poymen" I-S:::l.. ~~. .0 ..U..~9~.- ~ ,;.ALANCE DUE THIS' P... YMENT ,1":'" ':,fr I .."ily.th.' I h.y. .h.ck.d .nd vorili.d 'hi. P.d.diul E"i...,. No. ,c;,~ ""~....I, lor ,h. p.rlod :r......E i". ,'tIlT "~ A"jus./- ~C;; "111 ,inclu.iY., .nd ,h., iI i. . tr.. .nd ..".., ...'....n' 01 .11 wo,k porl.,...d, ond/.. ony end .11_..101 :;'t.~, oq./p..on. .."Ii.d by ,ho c.ntr.cI.,; 'h.t .11 w.rk .nd .11 ...t.ri.1 .nd .~.Ip...n' In.l.d.d In ,ho P.ri.di.ol E..".o'o No. F.....c... "':~... b"n p,rfo,med ond/or .wppli,d in. full accordanc. wi,h the t"m. and co"dition. of the contract docum,nt., ond/., dulr eu.hotl..el ',,;;;.vio.ionl, .wb.titution., altero'ion. andlor oddition.; that 011 t.rm. a' Periodical E.time.,. N.. F~ h..,. b..n .uthentic.t... .,.cl : -~"""'~"~1:'''''~''''''''''''''''''''.: _ /' ~ u( ~~ ( y Z,~:u~ Titl. ~~i::c.t ~""~u... 4. CERTIFICATION OF CONTRACTOR ~5" 19 87 . ",' ......rdin' ,. ,h. bu. .f ..y kn.wl.d,. I .."ily .ho. oil it.... .nd .....n.. .hown .n ,h. I... .1 .h. .'Iodl. P2 o.tlp'o ~. ::.....,; ,h.t ,h. .rk, ...~.ri.'. '~.ip...nt~.wn ,h.r..n h.. bun don. .nd .."II.d on 'h. Pro):;' b.'w..n I Plio ~ ;. (ewn.r), ond .../.. r ....... I (contractor), doted ~c!!!tl.' , 19 , inclwdin. anr 4", .u.hetl..4I ..iotionl, .w'bati'wtiona, alteration. andlor addition.; that it ia ..,.,d th.t thie ,eriodicol ..t1mat. ia 0 true and correct .t.t..... eI the , CMtract .moun', up to ond inclwding the 100t doy of tho period co.,.r.d b.. thia parlodlcal ..timot., and thot no port .f the .......... .... 'i:!.!'la p.ym.nt hoa b..n ,.cei."d. ~ -1;7 ;~:~ 5. CERTIFICATION OF CONSTRUCTION ENGINEER , ..... Titl. c.-.-,,~c Gil4,,~ ..~dS/ Do.. ~t.-/ r~ " " .J.;L , RUSSEL.L. . AXON CONSUL.TING ENGINEERS c., No. PEf )ICAL ESTIMATE FOR PARTIAL P~ iENT '0' PROJECT Interim Golf CaJrse ~ll FUJps LOCATION Del ray ;Z tI..z PROJECT NO, Of CONTRACTOR Youngquist Bros., Inc. ADDRESS IS"<J() ~N~R...J,~ ~h CONTRACT NO. Ft'NJt.1 PERIODICAL ESTIMATE NO.;;,,1lZ. FOR PERIOD ~.e It. 19.i:j. TO ~<J"S/ ~S' 19 K'j , ,l'.... '" " .' ......-.- ,.,. OI"."TIOII 0' IU" 12' Mili lizatioo & lSn::tli lizatioo Ierove & IEtum ~ral')' IUTP & iIRlJrta1arx:es Install JlJlPS & piping & ~ Flnli g, an:! Install <XX1- nectioos to piping Fumig, ard Install all electrical & instrun:ntatioo Bacteriolcgical testing TOTAL ORIGINAL ESTI.....TE UNIT 0' COlT ~1I QUAMfI" "u.a. u..., V.~l,l.f ... {J} 141 III 161. L.S. lJ,CXXJ. L.S. 1,CXXJ. L.S. 4O,CXXJ. L.S. 3.CXXJ. L.S. 95,CXXJ. L.S. 3,CXXJ. lJ, CXXJ.lXl l,CXXJ.lXl (OMIII,.ITIO TO DATI HO.O' UNIT' "'Af.,UI 171 III 40 ,CXXJ.lXl ...-?;: 3.CXXJ.lXl 1- 0' 95,CXXJ.lXl /.... "D 3,CXXJ.lXl .?;..% .. 172,CXXJ.lXl '30,000 I, t100 ~O,(JO<C!I - ~, V,UUI Of' , "'lie"''''''''' CMP .... ...... III "II -0 - -. -0. '30..-0 - o. , "1.$'0<<1 "'1(,,0 I? "" - ... ~o , y~o ..,.l; "'-'S I#O~ 0.& .......".......... ", \ ,.I~: IJ .... .\ ..... '. ,~ {' ...,~."Sworn<tt\, , '....;.' .. : :'... :'_. '.-: . ~ M~,~'- : ~ :, ,.:.i~~~t\lbl,'C, State of Fl idaat Large ,0 'J\ ", '1fY hs 1'on expi res: ','~/-',..,,' ,.,..... ... My CommIssion Expires lul}' 12.1992 " ..-:' .<!~~1 . " I END' 0,. WARRANTY OF TITLE ,..-.... 007Z4-E \.~....~ . ./.~.'. "" ~,~f;' ';r~< ,,\;.:~,',.,' .I..,.;~ --,..,- . STATE OF FLORIDA COUNTY OF L. Co ~, ).(/. ~"-'~<\ WARRANTY QF TITL~ being first duly sworn, deposes and says as fOllowS: 'i:1cn.'I'L+ MAu"t:~ 'Title Of $M!3aU'~,t ~~. .z;"c.. Name of Corporation or Fi,.. He is a ~~/'JA corporation which is named in Construction Contract dated the Cf day of fi.6I'~ , 19 U-, between said corporation as the CONTRACTOR and the C/t), o/' ~/~ A...-.i. Florida as the OWNER, for the construction of k/;// g:. ~ ~:Allf8 .LZs/JO//A/''oA1 @... ~ ILAJN.. G../I.' CoIIIQ,Se. ,and , Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work. materials and equipment Covered by the attached Periodical Estimate for Pa.Ylll8nt dated ~",!.J ~~ . 19a. passes to the Owner at the time of payment free and clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. , :b~AJ ~d subscribed efore..~ gQ " da of , 19~ , .', WH . -v- ;<-: ~ j t .~ 'rf-3 YOUNGQUIST BROTHERS, INC. July 17,1989 RUSSEL & AXON 951 Broken Sound Parkway N.W. Suite #115 Boca Raton, Fl 33487 Attn: Mike Schenk Ref: Delray Beach Wellfield Sub: Request for change order Dear Mike, .. , , ; U ,(\/. i 1\\ j Ji;, 20'" U UL-_ , Please find below a list of tasks performed by Youngquist Bros be~ond the scope of work described in the plans and specs. Also, the related pricing for the additional work. Furnish & Installed Meter cans. Conduit & Wire from Transformer to Meters. Furnish & Install Pull Box, Splice Existing 24 pair cable to extend to control panel. Add 3 Junction Boxes, make Splices, to' add additional wire at WelJs Additional Labor & Equipment to connect Well Pumps to existing Transmission lines. Additional Fill Dirt & Leveling. 'i):' ~i:- . UOUgla~ ' , Project Manager DWD/sl Total $ 3,576. $ 410. $ 700. $ 2,806. $ 375. $ 7,867. 15000 PINE RIDGE ROAD · FORT MYERS, FL 33908. (813) 489-4444 .~. " . .- ~ i t" ~, ~ .. ."....~, ~1. ". 4:' 'II .:r;. . . ... -' :'<~?:~, :~<;~;::::;:"';:::"::-"'><' .' - . I,,','~'l"'l'"''.''''''''''' ~t:~ ,51,;:.i:~~Z:"}:#:~":',::: ~ ,'" , ',w, " ;, ".< ~' ,~} " -.6;, . . . . , , , , , , , , , , , , Ii , , 00724-E CONTRACT BONO COVERING PERFORMANCE AND PAYMENT OF LABOR AND MATERIAL BOND No. 79-0120-11668-89-1 KNOW ALL MEN BY THESE PRESENTS. that we, the undersigned YOUNGQUIST BROTHERS, I~ (hereinafter called the "Principal"), a corporation-~~~~>>~~ duly authorized by law to do business, as construction contractor in the State of Florida, and UNITED STATES FIDEI [TV & GUARANTY COMPANY of -.BALTIMORE, MARYLAND (hereinafter called the "Surety"),'a corporation duly organized, licensed and/or registered to engage in the surety business and enter into agree- ments of surety in the State of Florida with a resid@nt aoent in Palm Beach Countv. Florida, are jointly and severally held and firmly bound one and the other unto the City of Del ray ,13each'c!!!l!.!da, jhereinA.f.t~ call ed the "Obli.gee") in the penal sum of(}i I1..NllEo ""VUlIT rlo.O li-oJsMIl UYll..Qollars ($ 172,00U.00 ) lawful money of the United States, for the payment of which well and truly to be made unto said Obligee, we bind ourselves, OUI' heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents as follows: ,~EREAS, Prircipal and Obligee entered into a written contract dated the ~ day of ~ , 19~, concerning work in connection wi th P R' - I M INSTRUMENTATIO~ which is or may be attached hereto and is referred to and made a part hereof: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS THAT If said, Principal shall faithfully and properly perform the foregoing contract according to all the items thereof, and shall indemnify and save harmless the said obligee against or from all losses. damages, expenses, costs. and attorney's fees. inClUding appellate proceedings, to which the said Obligee may be subjected by reason of any wrongdoing, misconduct, want of care or skill. negligence or default. inClUding patent infringement on the part of the Principal, his agent or employees, and promptly makes all payments to all claimants, as defined in Section 255.05(1), Florida Statutes, Supplying Principal with labor, materials, or supplies, used ,directly or indirectly by Principal in the prOSt'cution /')f the work pro- vided for in the contract, then this obligation is void, otherwise is to remain in full force and effect; provided, however. this bond is executed by the Surety', upon the fOllOWing express conditions, which shall be pre- cedent to the right of recovery hereunder. 1. Any person who has furnished PrinCipal labor or material in the prosecution of the work provided for in the Contract shall have a direct right of action under this bond, subject to Obligee's priority, provided such person shall notify Obligee in writing giving details of the indebted- ness within the time required for filing statutory notice under the applic- able laws of Florida. 2. If the Contract provides for a guarantee of the work, this bond does not apply to, nor cover. any such guarantee which exceeds one (1) CB-1 - "; '~-' 4 ,<j; :< t ~ "( *' , ~~. ~. " " l I " '*' ~ - . ~ ~ , , . . , , I ~ 00724-E year even though such guarantee is specified in the Contract, unless the Surety specifically agrees in writing, that the bond shall be extended to COver such guarantee. 3. Obligee shall notify the Surety by letter of any breach of said Contract, inCluding failure to pay labor or material bills when due, within a reasonable time after such breach shall have Come to Obligee's attention. 4. No action, suit or prOCeeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within eighteen months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any maintenance period provided in the contract for which said Surety is liable, an action for maintenance may be brought within eighteen months from the expiration of the maintenance period. but not afterwards. 5. Any payment or payments made under this bond shall reduce the amount of the bond to the extent of such payment or payments. The said Surety, for the value received, hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any wise affect its obli- gations on this bond. and it does hereby waive notice of any, Change, ex- tension of time, alteration, or addition to the terms of the agreement or to the Work, or to the speCifications. The undersigned Principal and Surety do further hereby covenant, consent and yield to the jurisdiction of the State Civil Courts of Palm Beach County, State of Florida. and shall aSSure all undertaking under said Agreement or Contract, and shall aSSure and protect all laborers and furnishers of material on said Work both as required by applicable law. IN TESTIMONY WHEREOF, hereof in four (4) ~iginal , 19~. the parties hereunto ha~-5Pused the execution counterparts as of the ~ day of ~~___ ATTEST: I ~ PkOi~ ~ ~ ~ ~', r.~~:,. ~~ CB-2 ~ { ~ PI Jill .- " JII - " ~ - .. - ~ , , . , . I , . 007Z4-E State of ) County of ) On ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL came to be the individual described in ment, and acknOwledged to me that , before me personally . to me known and known to me and who executed the foregoing instru- he executed the same. Delray BeaCh Contract Bond Form #1 Notary Pub Ii c ACKNOWLEDGMENT IF PRINCIPAL IS A PARTNERSHIP State of ) County of ) On , before me personally , who executed the foregoing that he executed the same as and for the act came instrument. and acknowledged and deed of said firm. Notary Publ ic State of FLoe., P/I ) County of L..c- ) On ~~ ~ /., If came JiM V"u.~ /,), 'et by me duly ~worn, did depose and say: of YOV.H9(j,),"(.-t ~~ 'AIC. the ~oregoing i~trumentj that he that the seal affixed to the said it was so affixed by the order of tion, and that he signed his name ACKNOWLEDGMENT IF PRINCIPAL IS A CORPORATION , before me personally , to me known, and who bei~g That he is the ...;C~ '):>~'c.~dl!".J. /S{:ce~,LAey , the corporation which executed knows the seal of the said corporation, instrument is such corporate sealj that the board of directors of said corpora- to said instrument by like order. C2-tv.;_T~. '-fh['=iar~-'~ Notary Public ' , , .' ,(, " ""s""'a:9~2 w....i...."......Il".1 '-^...rc .t'-'lol...x. _._ END OF CONTRACT BOND CB-3 ~ i ~.' '" ,.. t " .; ..,. c '. '~ 't. .' " v' L " t \ " ,~. 'I " , ~ II " ~ " . " . . : .. . ~ .. . . . ... Ii I I . 007Z4-E MAINTENANCE BONO BOND No. 79-0120-11668-89-1 KNOW ALL MEN BY THESE PRESENTS, that we. the undersigned Yn"Nr.O"I~T Rl?nTI-I~I?~. TNr (hereinafter called the "Principal" a corpo- ration-R.xtR.X~~*RXR~X*R~*X*~M.j duly authorized by law to do business as co~structio~ contractor in the State of Florida and UNITED STATES FIDELITY & bUARANTY LOMPANY of BALTIMORE, MARYLAND (hereinafter called the "Surety"), a corporation duly authorized to do a surety busi- ness under the laws of the State of Florida, are held and firmly bound ~nto the City of De1f~Y, Beach,,_ ~.2rida.. (herei.nafUr called t~ "o..bl i..9.ee") 1n the penal sum oflA'<<: tt.tmED.Jl:VCNTY 1110 1fWSAN) llVlUDollars ($l/2,OOO.UU ) lawful money of the United States, for the payment of which well and truly to be made unto said Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents as follows: WHEREAS, Principal and Obligee entered ~o a written contract dated the ~ day of '7..t--L , , 191+" concerning work in connection with , which is or may be attached hereto and is referred to and made a part here- of; WHEREAS, the said Obligee desires to be protected against any direct loss or cost due to defective workmanship or materials used in connection with the contract above referred to which may develop within twelve (IZ) months from the date the work .is accepted by the Obligee; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal shall, for a periOd of twelve (IZ) months beginning on the aforesaid acceptance date, well and truly hold said Obligee harmless against any direct loss or cost due to defective workmanship or materials used in the performance of said Contract, then this obligation to be void, otherwBe to' remain in full force and effect. Obligee shall notify Surety by letter addressed to its Home Office of any breach of this bond, within a reasonable time after such breach shall have come to Obligee's atten- tion. f j PROVIDED, HOWEVER, that no actton, suit or proceeding shall be had or ' maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within eighteen months from the expiration of the maintenance period. IN TESTIMONY WHEREOF, the parties hereunto have caused the executio:;7.n~ hereof in four (4) ori~1ral counterparts as of the ~ day of , __ , 19~. , lhWAJj ~(l ~~i J:312CF.,~,"- I Principal , ' ' ~ -:, , By ~ , '(.S~L) :UNITED 51 ,A.tfs-1'IoELlTY & GUARANTY CGf9IPJiNY ' ATTEST: li ~(6.. , I J .j)~'lL 'By MB-l Surety ~- ,tAL) OAMES W. COWELL, ATTORNEY"IN-F~Ci'AND LICENSED RESIDENT AGENT ---' ~ '~ ,~ v, .. ". " '\ . ~, " " 4, ~c, "",,,,: "l , . ~.'}, ~fIL:;~~:;;~/~ 'Q;. " :# ~ -.. '......~ - . . .. .. .. III " -- ~ .. .. .. , , , , , , , . 00724-E 'pp"", ~ I)I~ ~ ;~C t /!It orney ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL State of ) ) County of ) On . before me personally came , to me known and known to me to be the individual described in and who executed the foregoing instru- ment, and acknowledged to me that he executed the same. Notary Public ACKNOWLEDGMENT IF PRINCIPAL IF A PARTNERSHIP State of ) ) County of ) On came instrument, and acknowledged that and deed of said firm. , before me personally , who executed the foregoing he executed the same as and for the act Notary Publ ic ACKNOWLEDGMENT IF PRINCIPAL IS A CORPORATION State of FL.c>t:,twO ) ) County of L~~ ') On ...5'~ .,., /"ff'f , before me person\llY came 7"M y"(}~(.)",,,,.j..' , to me known, ana who e ng by me duly sworn, dfd depose and say: That he is the' . ~ ;<"Ay of '/'w~(\..."..t Rlh.<; TIUC'. , the corporation w ch executed the foregoing instrument: that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the board of directors of said ,corporation, and that he signed his name ~ said instrument by like rr~~r~, (~~t::~. 'fYlc4q-?r~_ Notary Public "I Oil \ - ,:it ~lIssiJn Expires July 1.9, lJtt! END OF MAINTENANCE BOND MB-Z - , ;~ .. t~ .,''', , .!'~: . . . . . I I i . . i . . . . . I I - CERl1F1EDcOpy GENERAL POWERiOF ATl'ORNEY No....".~~~.~.......,........_... aa- ell M..'6;-.... rr.-".., Tha. UNITED STATES FIDELITY AND \;UARANTY r.OMI'AN\'. . ....'JIORIi.. nrpnized anrl ..illin. und.r .h. I.w. nl .h. ~.... nl ~I.rylaad. and haYln. III prineipal nllie. 41 ,he Ci" .1 Balllm..... i. .he SlI'e 01 ~l.ryl.nrl. '.... he",b, eon.,u.,. .nrl 'Ppoln. JlIle8 W. C......'l, Ev.J.yn A. Scott, John R. Neu and Lori. H. HicIarwm ol.he Cil, .1 'l'aIps itl true and lawful anorHy8 in and fA' 1M ~.(P. .ll . Srllt' nl Fl.c:lrlda Fladda (n, the foUowinl PUI'pINlftI. III wit: To aim it. name II surety tn. and to exeeu.ce. aeaJ and ackno.'edce u, and aU bon.. and 10 mpeetive1r dn llnrt pt!rlnMn any and III aell Ind d,in.. let I.nh in .he ....I..ion .1 .he Boord 01 D,nel.n 01 .he lIid "~ITED STATES FIDELITY AND (;UARANTY COMPANY. · cenlliod copy nl whleh io he...'llln..ed and .... I, Pln'..IIIIi. Power .1 ,\lIome,; .nd Ihe ..ud UNITED STATES FIDELITY AND GUARANTY COMPANY. .h"lIIh ... ill Boord nl Dinelnn. """'br ralii.. an" "'ninna all .n" ..hl'-'.r""'C'lilllll SJyale of the'sajd JaresW. (0,...." and the sajd Ev.J.yn A. Scott and the said John R. Neu and the sajd Lad. H. H.1.ckmIm may l.wfaU, do in the PNmbl8'b, "'nu. nl.hfte pfftenl.. I.. ""._ .......,. 'ho lIid UNITED STATES FlDWTY AND GUARAJIITY COMP.\NY h.. ...oed .hi. in"",men, .n he ....Ied wilh ill corpo.... _I. d.I,'I"..ed b, Ih. .i....'.... 01 il. Vi...Prooide., .nd, A......nl Secr...ry. .hi. 14th d., of HlIrcb. . A. D, 19 86 " , UNITED STATES FIDELITY AND GUARANTY COMPANY. " ~. <: ..' . ~, .\ (Signed) B,......,P...1t.. ~Joogn.......,......,........,..., "I..,hem..... (SEAL) ,.'>"'~ (Signed) ...... ~.~~.'. ~l? !~. .~~.~.,..,..,..,............. .4,1iI_, .wc,~,.,.,. STATE OF MARYLAND. BALTIMORE CITY. On .hi. J.4th day of HlIrcb. . .\, 0, 19 86. helore me penon.lI, e.me P. W. ,St:':t"'ough . V...,Prooido.. 01 ,he UNITED STATES FIDELITY .\ND GUARANTY COMPANY i;"'", Phil' "p F. f,IIo' e<lQ . Aooi....., Sec....ry 01 ..id c....pan'. with bo.h 01 whom I .18 _n.lly .equoin,nd. ...... bel.. by me -.lIy dill, .__ ..id 'ha.,hoy. lho sold P. W. ~lough .nd Ph'" 1i~ F. l<Ja' '"<lD " , ..... ........h.oI" tlIo" ,V~Preoiden' ..d .ho Alii..... Sec....ry .1 .he soid UNITED STATES FIDEL TY AND GUAJl"ANTY, COMPANY. .hocorpontloa ."-ribed ill ad ....leh ......od th.I.....in. Power.1 Allom.,.; lbal 'h.,. ...h k,,",!, tho _I olllOirl corpor.,i..; ,h., ,he .. .Ihed ,.. ..id Po_ .1 At", wa .ucb c.rpora'e oeaJ, .ha. i. wu .. hed b, .rder .1 tlIo IIoonI 01 OI.....ra .I..id eorporaiiOti. ..d ,ha. .hey ~...ed, . ~..". b, like order " Vice.p...iden. ~ A 1:.-_ '. ,.-';tl. -....... ."~ .n. ..ill.., ""'......ry. roopeeli..I';,ol the ('..mp.." ';' -: " ...,. (,> , \l, rommi.in. ..pi... 'ho fine day i. J.I,. A, D: 19..1I~,. .l ' ' , : \ ' " . ~.lG'.Huait: (Signed) . ,'.............., .J... ......",... """'"'''' ' ...,._, ... , U P bll I ~.w..J.:..._ ,. I,or.,.., " ~. \ i , , I .; (SEAL) STATE OF ~ARYLAND BALTlMOIlE CITY. I Set. I, Sotn""dra E. BarlJas ' '. Cork .I,heOte., n I.. B.ltl....re Ci.,. whieh c.,"n i. . Co"" .111-.1, .... .... a ... do hereby cenlly th.. I It... at. 'H. Hurst ' . Eoq.ire. boi... wh... tho ananod didrriu ..... _.. lad wbo hu lhereto ,;.clbed hla ...... wa .. ,he t1111e ..I to doin. . ,N..I.ry P.blle ..I Ihe Ste.. .1 ~""Ioaci. i. ad I.r tho City .1 BoI_.... '.,'hoJ\. \ ~ ..d awarn .... ..'boriord b, 10. .. Idmi.ioter 'lO.h. ..d ..ke oeka..I""-.. .. _I .1 dondo to be neordod' ~ <l, 1 er c:onil, thaI I .. ......i..ed wi.h .ho hlAdwritln. "I lh. -.id ~.....,.. and 'eriJ, bell... &be ~... to be hioAenodae IfIIaoI . ..~ 1/ '" I.. rolll-,. "-"" I hereto ... ...:. ~~, 'd ~~~\..;. .I.b. Circui. Co..n r.. BoIllmare G". ,he ..... hein. . c.un 01 Record. thia 14th da,ol: :'! ',, ;. " . .\. D, 19 86 (SEAL) \-(\~lg'n\dr / '.....'Sotn~ra E. BIInk8 ',./ " ,: '\ " C/... 0/140 r./ra,U r._. /., s.u;""". Cu,. 'II' ,_\\) \ J,) \ , 'II I I ,. 3 n.q) -..... .,. ~. ;.\.. .;0. . .~ ",," , r ... ,~ " t . . . . . . . . . . . . I . . I I I I - .1 t, .. , :(;qP)'O,- aPownON ; 11.' jl'l . , I , ,I TIo.t .."-. it ia .-.,. lar ... oI~ - -'wI.f ~ thaI thi. c......,. .ppoial _ &ad - ...,. _ PO"" ...d .ulhorily .. act 10. il ...d in ito .... in S..,.. ~~, )I."....d. ""d i. the Taniloriao.1 the United Stotoo aod In tho Pnmoo. and tcnitoriet of Caaada; ,I : \, \ " Tl....,_, ... II 11_.... thaI tItia Co......,. do. ""d it beNb, d..., .uthorioo aod _po...r ito Prooideot .r 01_ .1 lu Vioo- P'e8idchtJ in conjunction with ill Secretary or ooe 01 ill AaiaaDI Secretaria, under itI corporate 1Ul. to .PPoUu uy perIOD or peIODI .~ Illomey or auomeya.in.fact. or apDt or....... of Mid Company. iD ill Il&IDc and u ill act. to aecate ud de1her all' ~d all CODtracU ,uar.nteein~ th~ 6deli!y of penon. holcfjnc poIitioa.. of pahlic or private tnllt. PU'lIIII-.iac the perfa....... of OODtnctl otber than iniuran<< policiea and uecatjn~ or puulMiDc bonda ad 1LDdenak.i.... required or pa'IIlitted ia all act.ioaI or p. ~ t ~ or 1:rr law allowed. and AUG, in it. name and u ill attom.,. or anona.,..ia.fact. or qal or "eDII to aecate ud paJ'Ult_ &be .Ddiaiou of aT ad aU bonek. reco,nizancea, ablil.daD&. ILipmlio-. IIDcIenakinp or aaytbiac: in the altare .f either of the ....... wbicb are or mal' by law, municipal or olherwitc, or by any Slat.te of &be United Sea. or of uy Su.te or Territory of the UDited Sea_ or of the Pnmaoel or lemlDri.. .1 Coo.cIa, .r by the nd... npIati..... 0..... e_.... practice .r diKretion .1 ...y board. body. arpoIaaion, .... ar ~, local. mU.icipal .r .tbenrioe. be allowocl, NqtIind or ponniuecl .. be Decaled. -de. I&keo, Ii-. &aacIarecI.. . Iod, 6IecI or -.Iod for the eecurilY or prolection 0(, by or for a,. penon or penGDI, COrpontiOD, bod,. ~ ill.... auicipaJilf or otb.r. . ....~D or or,:aniation WMl8oever, in any ad aD capealti. "I... I r .41. conditioDed for the doiac or DOC doiac of aaytIaiq .. UIJ ooaditiou which m.y hf' prorided for in any IIICb bond, -TVi-.... ob1icaUoD. ltipulatioD. or udctalcia&. or aaytIaiq iD tile.... of etdaer of the IUIC. 1, James M. Carroll ..n AIoi.....' Socnta". 01 the UNlTED STATES nDE1JTY AND GUAlUNTI' COMPANY. do baeby certify thaI ,be I......iac i. . laU. true ""d comet copy .1 tho oricioal po_ of atlOro.,. ,;- bvoaidCo..panYID Jllr.1es W. Cowell, Evelyn A. Scott, John R, Neu and Lori M. Hickman .. .1 Tllr.1l)a. Florida . .~ aad -JIOWWioa them .. lip ....oo tIoaIoio .. I.rth. whieh PO- .1 .It.....,. baa _ hooo ~ aad ia adD ill laD '- aod 01_ Aad I d. larther certify thaI oaid P.- of Attonoor _ ,;- io Jianaaoco 01 . _hnloa odosad at . .... -me of tho Board .1 Dine,on .1 oaid Com....y. doly oaIJecI aod bald at tho .... 01 tho ComJIUY io tho CIl7 01 ...., ., au tho 25th day Of N.....ber, 1981. .1 which ..aatioa . _ of &be loud of Dinot.n w.. _.. and that tho I.....,u., io . _ aad _ ClOpJ .1 lAid ...luli.a. ""d tbe wh.le tbawf .. ~ecIln tho alo_ .1 lAid -me. In T_i_,. "--,. I ..... haraato .. .,. IIad ""d ... ..J 01 &be UNlTED STATES nDE1JTY AND GUAllANTY COMPANY .n (D.te) .<<.c?~-<<- ............................. ';':':''''':':':;~;;;;';':'''' , , * ,;(. 'f , ~" t, \ 1- .. I " C I T Y COM MIS S ION DOCUMENTATION TO: ROBERT A. BA~~, A~TANT CITY MANAGER ~<<NCE' DIRECTOR ~JD~~ELOPMENT SERVICES GROUP "--U~~ ~U~ DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING VIA: FROM: SUBJECT: MEETING OF OCTOBER 24, 1989 FINAL PLAT - DELRAY BAY RESIDENTIAL DEVETIOPMENT ACTION REQUESTED OF THE COMMISSION: . The action requested of the City Commission is that of approval of the final plat for Delray Bay, a 222 apartment complex to be located on the south side of Linton Boulevard, west of Crosswinds. BACKGROUND: This project has been before the Cit;y Commission recently for site plan approval. The final plat is~ulmination of compliance with conditions of approval affixed to the site plan approval. Normally all permits are in-hand prior to placing an item before the City Commission, however, in order pressing needs of the Radice Corporation the placed on the agenda absent permits for Germantown Road improvements. to accommodate final plat has water, sewer, the been and , PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of October 16, 1989, the Board considered the request. The Board certified the final plat as being consistent with the preliminary plat subject to conditi~ns. All conditions have been met with the exception of having permits from other agencies in-hand. RECOMMENDED ACTION: By motion, approval of the final plat for Delray B'ay with the note that no signatures shall be affixed to the plat until such time as permits from HRS for water and sewer and from the County for improvements to Germantown Road are in-hand. Attachments: * Cover sheet of the P&Z Staff Report * The complete staff report is available in the City Manager's Office =:6 , FLANNING 8- CITY OF OELRAY ZON I NG BOARD BEACH STAFF REPORT MEETING O:UE: OCTOBER 16, 1989 AG~ ITEM: V.F. ITEM : Apartment Units on the Souths ide P...c.' 'V' I I GENERAL DATA: Owner...........................RAdlce Corporation Aqent...........................C.F. Radlce, Exec. Vice President Crosswinds of Delr.y, Inc. .. LOCation........................Loc.ted west of Homewood Boulevard, south of Linton Blvd. and north ot Germantown Road. Property Size...................14.217 Acres (619,292 sq.ft.) EXistlnq Land Use Pl.n..........PRD_lO (Planned Residential _ 10 uta) Proposed Land U,. Pl.n..........Re.ld.ntl.1 _ Medium Density (Comprehensive ~l.nJ 5-12 du/acre City Zoninq.....................'RD_IO (Planned Re.ldential Development Oiltrict) Adjacent Zoninq.................North of the subject property is zoned RH.10 fMult1Ple.Family Dwelling District). South i. zoned R.1AAA fSingle.Family Dwelling District). E..t is zoned PRO-lO. We.t i. zoned RH-10 .nd ART fAgricultur.l Re.identi.l Tr.nsition.l District) . EXisting L.nd Use...............V.c.nt L.nd ProPOsed Land U.e...............222 MUltiple-Family Dwelling Units Water service...................provided via connections to the existing 8" water mains located within CrOSSWinds Phase I. north and south of the Lake Tract. S~Wcr service...................Provided vi. connections to the eXiltinq 8" seWer mains located within Crollwinds Phale I. north and louth of the Lake Tract. The mainl drain into lift Itation S4A. Lift Station upqrading may tv> ,......,."i,...."" , .~ :::~ <1 :.;. '.'~ .~:: }~ ~:i: "f 1 t :~ '. ; , " J @) t/.~ t L1N 1O~ <JOULE VAHU o ! . .. -""1'_,. ....,._ I.IWl'n 01 .....T ...,,-- "'~TH t..lHE OF .C. SO ~,WeD. ~A ERA~ NO, 51"::""'; I.IMITS f:tI "'-'" "_''''''"6. ...... n' '-'W.D.D. UKMENT N-III OJII...,....... Nt. $.... ...,.. N ." . . l -~. -..r ,,~~'fi!~ = ~I ~ 'F ~ ~' .1 I I . .. j j * " i 8, " ~ ~ -J .1 ....~ I .i! ~ ~ i .f' .r-w ~ ;,) ',S! .. " , ~ a ilv s " i, ~ . I ;, r I_ roo ~ ' . ~ I'~ : , ~i .j . ~, I , -< :J: '" "'" !" :0 A ~ (oj :iE. 21 ~ !A '" ~ ~ ~~ " q ~ ~ H ~ ': N . . i.::i ;: ~- Parcel conveyed to Crosswinds of Del- roy Association Inc. i .. q ~ ......,... 'IN- -;;;:;;;;:;-, 12't" ...1 il ~I "I !I ., :-:i :~~;i .:.;. ,'~ .~~ }~ ::;., 'j' I :~ > .;:. ..;, RESOLuTION NO ,;=j 1-<''1 .--~ A RESOLUTION OF THE CITY COUNCIL F DELRAY BEACH, FLORIDA, VACATING .~ Atl ONING ALL EXISTING DRAINAGE, FLORIDA POWER AND LIGHT, INGRESS AND EGRESS, WATER, SANITARY SEWER AND SOUTHERN BELL TELEPHONE AND TELEGRAPH EASEMENTS, EXCEPT THE 45' LAKE WORTH DRAINAGE DISTRICT EASEMENT AS PER O.R.B. 3419, PAGE 1441, WITHI~ A PORTION OF PARCEL "A", THE CROSSWINDS PHASE II. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 44, PAGES 34 THRU 36, OF THE PuBLIC RECORDS OF PALfl BKACH COI'NT\,. FLORIDA. WHEREAS, Crosswinds of Delray, Inc., a Florida Corporation, is the fee-simple owner of a portion of Parcel "A", the Crosswinds Phase II, according to the Plat thereof, as recorded in Plat Book 44, Pages 34 thru 36 of the Public Records of Palm Beach County. Florida: and. WHEREAS. C. F. Radice, Executive Vice President/Secretary of Crosswinds of Delray, Inc., has made application for abandonment of all existing drainage, Florida Power & Light, ingress and egress, water, sanitary sewer, and Southern Bell Telephone and Telegraph Easements. except the 45' Lake Worth Drainage District Easement as per O.R. Book 3419, Page 1441, within a portion of parcel "A", the Crosswinds Phase II; and, WHEREAS, The City Council of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon all existing drainage, Florida Power & Light, ingress and egress, water, sanitary sewer, and Southern Bell Telephone and Telegraph Easements, except the 45' Lake Worth Drainage District Easement as per O.R.B. 3419, Page 1441 within a portion of Parcel "A", the Crosswinds Phase II, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That 177.101(5) of the Florida to vacate and abandon all following real property: pursuant Statutes, right and to Chapter 166 and it is hereby determined interest it holds to the SEE EXHIBIT "A" PASSED AND ADOPTED in regular session on this day of 1989. MAY 0 R ATTEST: City Clerk [ITY DF DELRAY HEA[N 100 N.W. 1st AVENUE DELRAY BEACH, FLOAIDA 33444 305/243, 7000 MEMORANDUM TO: MALCOLM T. BIRD INTERIM CITY MANAGER THRU: _ ~FRANK R. SPENCE, DIRECTOR r~/DEVELOPMENT SERVICES FROM: 11 1\,,.. GATES D. CASTLE, ;.J1o:J........ CITY ENGINEER P.E. DATE: OCTOBER 9, 1989 SUBJECT: DOCK VARIANCE - 1034 and 1050 BROOKS LANE The owners of 1034 and 1050 Brooks Lane want to construct docks in the finger canal adjacent to their property, as per the attached sketch. Each proposes to construct their dock up to their common property line, while the Code requires a minimum of 10' setback from the adjacent property. Therefore, the City Commission would need to grant the subject variances to allow the docks to be constructed up to the adjacent property line. Engineering ~ecommends approval of the dock variances since the affected property owners are also the petitioners. An Agenda Request Form for this item is attached for further processing. GDC:kt Attachment THE EFFORT ALWAYS MATTERS ,< 3(" ~. ,~) ~; y (. RA , /" ~, :z _'" ..J ~ G 5.<::> I ,9'~.~k. tJ;'~, (/031- Brooks LIl.l'\.-t) j' ~ e,s atT ~:~S7 ' . ~"., i'fC Cl:J'} Fl.. ; ~ (~.,y &"/'t-C'7 .;:wORE"S.) , ~~,..--- . --.-.- ..-.. -, ---- ------." .".. .' - , .- ,. . : \\) 9::~ !<'\ '-~.Ol , I ) .--'-" '.. ~;~T- 2.0' Se.4W;ltlt . i' ,)(f5-r; ~""~IY""'-(.." Lor#/ (/0150 Broo k~ Lane) . I t 'OT"?>-- ~ . ee '" ~ 13-:2 1_~i64cHco,"R.. : ~~t()ldOIv.)l , rL~T~~ ~ /I. , . J 7~7';~'_" i ..' . ~'>.t .. ~'.J. ---,._'-"_..,--..".., ....j '=I' ~ -, t';J T'i.') .; . '. _ ,r..:..:... _ _~ . eWIO' ~f7.F'('IN6~ "'-(-..:~ . "'"' . _" . lit ,; , , " [ITY DF DELARY BER[H i , 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 305/243.7000 MEMORANDUM TO: MALCOLM T. BIRD INTERIM CITY MANAGER THRU:^G FRANK R. SPENCE, DIRECTOR (f/) DEVELOPMENT SERVICES FROM: ~l.l (GATES D. CASTLE, P. E. CITY ENGINEER DATE: OCTOBER 9, 1989 SUBJECT: DOCK VARIANCE - 315 S. E. 7TH AVENUE B. K. Marine, agents for the owner of the property at 315 s. E. 7th Avenue, have requested the subject after-the-fact variance. The requested variance would allow the dock to remain in its present configuration, extending approximately 15' into the Intracoastal Waterway (see attached sketch). The City Code allows the dock to extend a maximum of 5' into the waterway. Engineering recommends approval of the variance impossible to construct a usable dock and requirements at this location. since it is meet code The adjacent property owners have been notified of the variance request and have raised no objections. An Agenda Request Form is attached for this item. GDC:kt Attachment THE EFFORT ALWAYS MATTERS ~ J' .../"" , 37 .'.' / ( E I\i " , Q 0\ It) , -7-'h ,--.,..---,'--) S, E. rAVE. I':i,(),)' ZO' A$PHAI..T PVt'11. (4o'R/ \~,. ' -- 10".q~6'''' :..j, ,P~4rr"i) 1(>",4. I ' ~ .1'~A~.t: A"6'~'''vt!'"'J) /i!, W '/'Y~ OP ';>t:tl' A No"", A4~r """N"'l..~/ CANAl. NJ ' I 'hO~'D So,ai' '.4 ,COA~.,. , ~3o."", t. IAlt: LEGAL DESCRI PTION: ~ It I",) Lot,4, less the North 20.00 feet, and the North 40.00 feet of Lot 5, Hlock 128, BLANK - NICIIOLS, Delray, a subdivision as rp~orded in Plat BQok 13, page 28, in the Public Records of Palm Beach County, Florida. CERTIFICATION. To .first'Union NatiQnal Bapk o~ Florida, it~ successors, -'- and asS1gni, Bruce' H 'Blomgren .and Dawn L.' Blomgren, ,His ' wife; John Ross .'AcIams,P.A'. and ~ttorrieYS'Tltle ''', I hereby certify th:rrts'us~~~cc~ '~usndsh~~~-f 'he'~~~n" re'pr'e~ents ~. survey made under my direction an~ to be true and accurate to the best of my knOWledge, aQd be~" ef, subject to ~asements and Right-ot-ways of Record. ~ . /.' , . .., , , .' r i on A. Ge r stered Florida Land Surveyor No. 2580 Date ~f Survey: 12/23/88 70. 4D' l.. OT <.0 ~ I~ , III -.I ~ " ~ t;l ',", v v I /::.--- Z ~ <- I,t .., SCALE': /"=30' ,~I~ "~~ NOTES: 1. This Survey meets. the Minimum Technical Standard.s of Chapter 21 HH-6. 2. Survey of: 315 S.E. 7th Avenue Delray Beach, Fl.' 3'. Park Avenue R/W as platted 'incorporated into 300' Intracoastal Right-of-way '. 1\/ ~ \ . .~ 'u t.J"'"""': \J "'~, ~o ~'i..\:l," ~ ~ '! ", 'co'" !IS ~ III :: (Q:'I' i' , ;, ~ t:: o \:~~ ~ ~ '4\,~' ).0' q~, rn ", 0 ,1'1') " '''...,)~. lO.!),. 0:>" '" ZD,'liq, .~ ~ i8.W ,:i;~' , ~ '. ~~ " '111~ 0 v "-, '" . ~ ~,~' ~. 11040' '... iii - ~. .~ ~ ' 3....... 'b,tD ~ ~ Z} ~ . ( , ,. '" \ti !\.. l:lc\ll ~ 4 ~ Il( \) %0" tl!~ iii !ri I<l " ~ ",I., ":" . '" ,.. " as.40' ~ )1/, , WOOD 0 ,II. ... , , I " :U, ~ II'" '10' g I N, 40' (IF 'i S, ,30' OF ^ ;... LoT 500 ~I I.pT " .....1 _ 0 ", ~/~ 0 ~ ,I~ oJ "- 'il , ~ III ;9Atfu'( /5, ,4';' .$'t<;;?w/Y' ~~, tI/'I hYTA'Ac<f1,4sr;u. \. ~/6Hr-dl!'. WA.f' /lAP-......5"'- (Pot;. 17, P& /~ 4.) r 7EN//V.. S'T1JN6 /'}f71/ , ., / . ' ) .,p"', t:;' ~~J(<~ ~ 15' I Ic1 '" N l... L.,or ~ ~ " ~ " " 1)..' " ~ I.. II " ~ ~ ~ ~ .... '" <) 'oJ 4. \0 ~ ~' File No. 220-88-37 GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 DELRAY BEACH, FLORIDA 33444 DELRA Y BEACH October 10, 1989 Joe Weldon, Director Delray Beach Parks << Recreation 50 NW 1st Avenue Delray Beach, FL 33444 Dear Joe: On November 10 and 11 the Atlantic Avenue Association will be sponsoring the Second Annual Harvest Fest. This celebration of the agricul tural influence in this area will take place on East Atlantic Avenue at the Waterway East Plaza located at' 900 East Atlantic Avenue. The State Department of Agriculture has offered to come to Delray Beach for the Harvest Fest and kick off "National Farm City Week". To meet the additional space requirements we request permission to use Veteran's Park on Friday, November 10th between 9:00 a.m. and 5:00 p.m. and to use the Parks << Recreation stage. It is my understanding that the stage will be set up for a city sponsored concert scheduled for Saturday, November 11th. We request use of the stage for the Commissioner of Agriculture, Senator Karen Thurman and other state and local officials to speak to the public to kick off Farm City Week. The Sundy Feed Store Relocation Task Team would like to take this opportunity to ~.ia. funda to~ the relocation of the oldest agricultural building in Palm Beach County. They would like to offer a "Billy Bowman" Barbecue in Veteran's Park on Friday in conjunction w~th the Commissioner's visit and Harvest Fest. This is also a request to hold a blue grass concert by "Woody McDUffy's" Band on Friday between Noon and 3:00 p.m. If permission is granted we would like to set up several large pieces of farm machinery in Veteran's Park, several banners of sponsors, a dairy cow display and bales of hay for seating. All these events will be open to the pUblic free of charge. I'd like the opportunity to meet with you and one of the members of this committee to discuss this request. Please call me at your earliest convenience to arrange a mutually convenient meeting date. y. 64 S.E, 5th AVENUE . DEL RAY BEACH, FL 33483 j · (407) 278'{)424 'i -:' t .. J ..f 3i " ~. .} .'~' , ,.., DELRA Y BEACH October 5, 1989 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: The Atlantic Avenue Association requests the city's approval to host two events on the Sidewalks of East Atlantic Avenue. The first scheduled event will be the Annual Halloween Sidewalk Sale scheduled for October 27 << 28 on Atlantic Avenue between Swinton Avenue and AlA. The second event is a Delray Art League Exhibit scheduled for November 24 << 25 on East Atlantic Avenue between 4th and 5th Avenues. As in past events, we will co-insure the City on our . policy up to one million dollars. We look foward to your favorable reply. Cordially, cc: Malcolm Bird wp\hff.cit 64 S.E. 5th A VENUE . DELRA Y BEACH, FL 33483 . (407) 278.Q424 ., ,) l- ~.,. . ,w. *- ., ,j' n _ /, 3'\ ~ 40. OX. .y..: t " y o c ,f, , ~, f '" :, ~, ~ ~ " MEMORANDUM TO: MALCOLM BIRD - INTERIM CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: ~ FOR HAPPy HOLIDAY CHRISTMAS TREES DATE: OCTOBER 16, 1989 We have received a request from Craig Steinhart of Happy Holiday Christmas Trees to erect a tent at 3190 S. Federal Highway. The purpose of the tent is to sell Christmas trees during the holiday season from November 10, 1989 - December 30, 1989. All necessary applications have been submitted and approved by the BUilding Inspection Division and Fire Department. Please schedule before the City Commission on October 24, 1989. ~ LB:DQ Attachment L2 A:Tent.HH '" '. ..,..~ ~.,; ~~~.. '''; .... " ~, p .-.:;; ... t ,,~ ~ #;i .,~ '" ",1 '.",.. ~j;' ..-~/ ::r ' :<..... ' , X j,- . f lo 4]' " "", ~ ~ .' '. SHonT rORM LEASE This luase og,reelllent between, SaJ. und Happy Holiday Christmas Trees, following provisions: 1. The property shall be the 'vo.,c-o...t\"t Cor,,-e.'(' , of OS, F&o=rc>.\ . K--a' ~ \"'1-\&...11 CNL.l Ci(jr~~) (o.ft'<"Ol-. 31'\..\:)" S. -rc:.J>', -~wd) . 2. The lease shall commence on November tj \''i'l .. and terminate un Ol!cember }l, Ic;,n ( .,- .. :5. Lessee sha 11 pay O>JOoo- TO"Y'J...\,mCA......\T\O Inc., the Lessee, .; the Lassor, cuntains tho for the p~rlod described alluve. 4. Lessee shail comply with all permit and license requirements of the City of Oelrey Beach. 5. Lessee shall provide all utilities necessary for his operation. 6. Lessee shall indemnify and save harmless lessor from any loss, damage, claim, demand, liability, or expense by reason of damage lo person or property which may occur during periOd of occupancy. 7. Lessee shall provide a $1,000,000.00 liability policy naming bol parties as thp. insured. 8. Lesseo shall vacate preMises in equal or better condition that . existed at the beginning of occupancy. 't. L~ t'W-l ~ 0- aJb:>~ ~ 0...... ~ ~ ~ ~.>~~~~~.... 0....._. ~ ~ r - --.... .. L "0.- Lc:.~see.. If) -/()-!f'J ~ )'0 Do..~ ~ , . . ) ., , ... f .t;: " ,; " I' + :' '~ ' : ill"'.'" I,', ,t;'z:;,IX". .'.\ ,~" '~.' , ,i ' , ::-6 0, 't ~ )> - C:{] --- - \J ~ (. , - -.J <;: \ r, ~ P L f'ttl ~ l' ~/, \... ~ \ 1-~ Cs- , \~ Q ~ ~'f- \I - \ C, r'l ~T~ t*w-a- .j ~ \~ C? ~ ~ ",\f~ ~ FIRE EXTINGUISHERS REQUIRED These plans have been reviewe,: ",' compliance with applicable Fire Codes and f'" lnicipal Fire Salety Ordinances 0 tt;ls City I Dclri.iy lleach. , .. .., 'Date:" I, " / n~,: Y~"'.-<':/:r."/_.t~- ?/ . f GOT To ScA~) 1 'to f ;) I \ 1..0 I , ~ANDPY . &,' , ( , -10- . , -/;J_ - ~ IlrN .,/J I ll,J.1 I - ~Sl<':-'" 'S.. Fe..&e 1'"'0.. \ Hwo' ....~ c ,/ " , ri-. ~ RESOLUTION NO. 79-89 A RESOLUTION ADOPTED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING TEE FLORIDA CONGRESSIONAL DELEGATION, CONGRESSMAN HARRY JOHNSTON, SENATOR BOB GRAHAM AND SENATOR CONNIE MACK, TO SPONSOR LEGISLATI,ON RELATIVE TO H.R. 2380, REQUESTING THE UNITED STATES POSTAL SERVICE, TO ENABLE CITIES AND TOWNS THE OPPORTUNITY TO OBTAIN ZIP CODES WHICH CONFORM TO THE GEOGRAPHIC MUNICIPAL BOUNDARIES OF THE CITY OF DELRAY BEACH; REQUESTING THAT THE ATTJANTIC BRANCH OF THE DELRAY BEACH POST OFFICE BE RENAMED "WEST DELRAY, BEACH POST OFFICE". WHEREAS, the City of Delray Beach, Florida, is one of the growing municipalities withi.n Palm Beach County and the State of Florida; and WHEREAS, the City of Delray Beach, Florida, is located in the southeast area, of Palm Beach County; and WHEREAS, the United States Postal Service issues zip codes to residents west of the City of Delray Beach, Florida, that specifically designate Delray Beach, Florida, as their municipal, residential. location, rather than West Delray Beach, Florida; and WHEREAS, the United States Postal Service establishes zip codes areas that do not coincide with the geogxaphic municipal boundaries of the City of Delray Beach, Florida, or other municipalities within Palm Beach County and the State of Florida; and WHEREAS, residents of colIllllUni.ties west of Delray Beach, when issued zip codes for the City of Delray Beach, Florida, are led to believe they live within the geographic boundaries of the City of Delray Beach, Flori.da. NOW, THJ;REFORE" BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEAcH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the City of Delray Beach, Florida, hereby requests the Florida Congressional Delegation, Congress- man Harry JOhnston, Senator Bob Graham and Senator Connie Mack, to sponsor legislation relative to H.R. 2380 that shall request the United States Postal Service to establish and provide for specific municipal zip code designations for the City of Delray Beach as well as other municipali.ties within Palm Beach County and the S,tate of Florida,. Section 2. The City Commission of the City of Delray Beach requests that the Post Office known as the Atlantic Branch of the Delray Beach Post Office located on Military Trail be renamed the West Delray Beach Post Office. Section 3. The City Commission of the City of Delray Beach, Florida, desires its residents to have the oPportunity to be cognizant of their local governing bOdy within the City of Delray Beach, Florida. Section 4. The City Commission of the City of Delray Beach, Florida, hereby requests the City Clerk to send copies of this resolu- tion to Congressman Harry Johnston, Senator Bob Graham and Senator Connie Mack, and all area municipalities located within Palm Beach County. PASSED AND ADOPTED in regular session on this the " 1989. day of ATTEST: MAYOR Ci ty Clel'k 42., TO: Malco' Bird, City Manager DSC )-17-89 {1J [Iry DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 DURAY BEACH, FLORIDA 33483 407/243.7090 TELECOPIER 407/278-4755 MEMORANDUM Date: September 26, 1989 'ro: Mayor Doak Campbell Malcolm T. Bird, Interim City Manager From: Herbert W.A. Thiele, City Attorney Subject: Resolution Concerninq Zip Codes Our office has prepared the attached resolution per your request, for your review and furt.her use. The resolution was drafted to request that zip codes coincide wi th geographic municipal boundaries of the City of Delray Beach, Florida. Further, the resolution contains a request that the Post Office located on Military Trail now officially known as the Atlantic Branch of the Delray Beach Post Office, be renamed "West Delray Beach Post Office". If you have any questions, please do not hesitate to contact our office. tl:Sh Attachment ~ *' ~ ??e-tC-~<-' ~'-:/~~ , , ,', " " , RESOLUTION NO. 80-89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-95, WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH IN COMPLIANCE WITH LAW, BY AMENDING SECTION 28 OF RESOLUTION NO. 49-85 WHICH DESCRIBES THE PROCEDURE TO BE FOLLOWED FOR ANY MODIFICATIONS OR DEVIATIONS FROM THE APPROVED PLANS OR REQUIREMENTS OF THE DEVELOPMENT ORDER; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of May 28, 1985, the City Commission adopted Resolution No. 49-85, making findings of fact and determining conclusions of law pertaining to the Delint Center (now known as Waterford Place), a Development of Regional Impact, and constituting this resolution as a Development Order by the City of Delray Beach in compliance with law; and, WHEREAS, at the meeting of December 13, 1988, the City Commission considered and approved modifications to the Water ford Place (formerly Delint Center) Development of Regional Impact; and, WHEREAS, the approval granted by the City Commission at the meeting of December 13, 1988, requires amendment of Resolu- tion No. 49-85, NOW, THEREFORE, BE IT RESOLVED BY THE 'CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 28 of Resolution No. 49-85 be, and the same is hereby amended to read as follows: , ' 28. Any modifications or deviations from the approved plans or requirements of this Develop- ment Order shall be submitted to the Planning Director for a determination of whether the chan e (s) exceed the criteria for substantial dev1at ons of Sec. 380.06 9 F or da Statutes and therefore re~u re a determ nat on by the City ~6~nctl Comm ssion as to whether the change constitutes a substantial deviation as provided in Sec. 380.06(17), Florida Statutes. When required, tthe City t6~n6Ll Commission' shall make its determination of substantial deviation at a public hearing after notice to the develop- er. Section 2. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED day of in regular , 1989. session on this the MAYOR ATTEST: City Clerk 4~ , M E M 0 RAN DUM TO: Malcolm T. Bird, Interim City Manager FROM: John W. Elliott, Jr" Assistant City Man~~ Management Service ~~_ ~- Ted Glas, PurChasing Director ~~ ' THROUGH: DATE: October 18, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 24, 1989 - BID AWARD - BID #89-84 ALLAMANDA GARDENS - INFRASTRUCTURE IMPROVEMENTS Item Before City Commission: The City Commission is requested to award contract to low bidder, Gateway Construction Company, (Less Items H,I,J) at a cost of $238,263. Per the Budget Office, funding is as follows: $138,263. - 1988/89 Surplus Grant Funds CDBG 118-1964-554-60 (Land Dev) $100,000. - 1989 $4.3 Million Utility Tax Note 340-1978-554-60.69 Background: The City Commission, through Resolution 8-88, agreed to facilitate the development of an affordable hOUSing development to be owned and occupied by low and moderate income persons by prOViding for installation of infrastructure for said development. Through an agreement with the Palm Beach Housing Partnership, the City has allocated a total of $299,768 ($199,768 in Block Grant Funds and $100,000 in general revenue funds) for the installation of water and sewer lines, sidewalks, interior streets, etc., plus Engineering fees and water connection fees. The agreement calls for the City to handle the contract award for the infrastructure along with construction supervision of the work, Bids on the project were received and opened on August 30, 1989 from three (3) contractors all in accordance with City purchaSing procedures. (Bid No. 89-84. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. Since the prices received were in excess of available funds, the City Engineer in agreement with the bidders has reduced the scope of work by eliminating from the contract Items H,I and J, Recommendation: Staff recommends award to the Construction Company, at a cost of H,I,J), Funding as outlined above. low bidder, Gateway $238,263. (Less Items Attachments: Tabulation of Bids Memo from Director, Community Improvement Memo from CD Coordinator . pc Lula Butler Yvonne Kincaide Gates Castle 44A MEMORANDUM TO: MALCOLM BIRD - INTERIM CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY I~~ROVEMENT SUBJECT: CONTRACT AWARD FOR ALLAMANDA GARDENS INFRASTRUCTURE DATE: OCTOBER 18, 1989 This is to request that the contract for the installation of infrastructure at Allamanda Gardens be awarded to Gateway Construction in the amount of $238,263 per the reault of a competitive bid process. Backqround The City Commission, through Resolution 8-88, agreed to facilitate the development of an affordable housing development to be owned and occupied by low and moderate income persons by providing for installation of infrastructure for said development. Through an agreement with the Palm Beach Housing Partnership, the City has allocated a total of $299,768 ($199,768 in Block Grant Funds and $100,000 in general revenue funds) for the installation of water and sewer lines, sidewalks, interior streets, etc., plus Engineering fees and water connection fees. The agreement calls for the City to handle the contract award for the infrastructure along with construction supervision of the work. In order to fund this project, we will transfer $28,371 from the unused portion of the Housing Rehab budget line items from Fiscal Year 1988/89. Recommendation Staff recommends that Gateway Construction receive the contract award for this p+oject. LB:DQ Attachments . 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'" Cl ... Q .. Cl Vl 0 '0' -. --- .. , \ 1 I, :\ , ~ , f' i ~'- '~, (l>, " ~ i I "'-. : . ,~ I \ I' , ?:' , . w;, h, " ~ ,;~~. I ~, ;~i \. j . .. ~:. 't. ;:? .. .. .. ~. '. . -" .a Ul M E M 0 RAN DUM FROM: Malcolm T. Bird. Interim City Manager John W. Elliott, Jr., Assistant City Mana~ Management Services Ted Glas, PurchaSing Director ~~ October 17, 1989 TO: THROUGH: DATE: SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 24, 1989 - BID AWARD - BID #89-95 PUBLIC UTILITIES LIFT STATION TELEMETRY SYSTEM Item Before City Commission: The City Commission is requested to award contract to low bidder, Data Flow Systems, Inc. at a cost of $205,120. with the option to purchase additional units within the next four years, if budgeted. Per the Budget Office, funding is as follows: $100,000, from account #441-5161-536-64.05 (Water & Sewer - Capitol Outlay - Telemetry - Sewage Lift Station); $105,120. from account #441-9111-581-90.41 (proj~ct Reserves - Prior Year Surplus). Background: The project will provide a radio telemetry system to monitor and control sewage lift stations to improve service, to decrease labor, to decrease emergency call-outs and to improve reliability. Proposed system will also monitor unauthorized entry and perform trending analysis of flow and maintenance. Bids on the project were received and opened on september 19, 1989 (rom two (2) contractors all in accordance wit~ City purchasing procedures. (Bid No. 89-95. Documentation on file in the Purchasing Office). The low bid submitted by Data Flow systems, Inc. for Bid Items 1 ~ 3 is in the amount of $205,120. The contract documents permit the City to phase in the telemetry system up to four (4) years. The second bid received was from Tri-~ty Electrical Contractors, Inc. in the amount of $291,500. This firm submitted a letter of protest regarding the low bid. Note answer to protest by Post BUCkley, Schuh & Jernigan, Inc. and City Attorney, wherein protest is considered to be without substantive merit. Recommendation: Staff recommends award to the low bidder, Data Flow Systems, Inc. at an initial cost of $205,120. (Items 1 & 3) with the option to purchase additional units, if budgeted, within the next four years at a cost not to increase by more than 5% above the previous year's rate of inflation (consumer price index). Funding as outlined above. . Attachments: Recommendation from PBS&J Recommendation from Public Utilities Letter of Protest from Tri-City Electrical Contractors, Inc. Memo from City Attorney pc William Greenwood Yvonne Kincaide ~~ (1:..1 $; If G. v [ITY DF DELAAY BEA[H 4(, ,-_ff-C.II. --- I ~,,::c L; :Ji'- l;..,..........O-..I Ii C,:,- - :.-:- 1- ---.. .~--~..- CITY ATTORNEY'S OFFICE 310 S.L 1st STREET. StllT!- . DURA Y Bf,AC'H, !-LORIDA 334R) 407/243-'0911 TFLEC'OPIER 407IC7R-l75S MEMORANDUM Date: October 6, 1989 '1'0: Robert A. Barci!lski, Assistant City Manager \Wta~)l,~'WOcxl';';J)~;!.~1ftl"'U'~-a't'i~Si Ted Glas, Purchasing Director From: Herbert W.A. Thiele, City Attorney Subject: Review of Bids for Radio Telementry and Data Logging System This memorandum is in response to inquiries from the Purchasing Department and the Public Utilities Department concerning our review of the bids and bid protests regarding the Radio Telementry and Data Logging System (Bid No.. 89-95). After a review of the materials provided by Bill Greenwood and Ted Glas, plus the correspondence dated September 25, 1989 from our conSUlting engineers (Post, Buckley, Schuh & Jernigan, Inc.), it is oU'1'...opinion that the bid protest by Tri-City Electrical Contractors, Inc. is without substantive merit. That is, we do not believe that any of the alleged deficiencies or irregularities either have merit, or could not be waived specifically by the City Commission in the awarding of the bid in accordance with Paragraph 8 on Page B-5 of the bid specifications. As to the other questions which were posed by Mr. Cope~and in the Post, Buckley, Schuh & Jernigan letter, it is our recommen- dation, but it is not a lega~ requirement, that the contract bond be issued by an agent in Palm Beach, Dade, Martin, or Broward counties merely as a forum and convenience matter, and as to the issue of wages, we believe it is required that we use the Florida Industrial Commission wage schedule. If you would like any furtheJ: information or if you have any questions on this matter, please contact the City Attorney' 5 Office. ff' HT:sh cc: C. Edwin Copeland, Jr., P.E. ^ f " '}: 7, " ~:, , ., ",.,or, . ~.:" " , ~ .. } q' , 4;' .~, 1, ,p., . -::i~;<:,_-;~.1J;;~.:,:. "! '~"""'J'''''''! .:-~:~: ';'.;~\:<.;g~~':~ -- ;,,- >> ~ .,i:;::i.~~ '4~{, '. J ...:;-:<.' -' " " J;;. " :) MEMORANDUM TO: Herb Thiele City Attorney I~obert A. Barcinski ~ Asst. City Manager/cs William H. Greenwood 1P1~.,.I'l,I., Director of Public Utilities THRU: FROM: SUBJECT: BID NO. 89-95 (RADIO TELEMENTRY & DATA LOGGING SYSTEM DATE: September 26, 1989 Bids were opened on Tuesday, September 19, 1989 at 2: pm E.D.T. Two bids were received from Data Flow Systems, Inc. and Tri-City Electrical Contractors, Inc. On September 20, 1989, Mr. Ted Glas transmitted a bid protest which he received from Tri-City Electrical Contractors, thc. Public Utilities Department has requested PBS&J to prepare a written response to the City on each bid protest item. Antici- pate a reply from PBS&J on September 27, 1989 and we will forward a copy. Attached is the following for your review 1. Contract Documents prepared by PBS&J 2. Data Flow Systems, Inc. Proposal 3. Tri-City Electrical Contractors, Inc. Proposed 4. Tri-City Electrical Contractors, Inc. Bid Protest Your review and guidance on the Tri-City Electrical Contractors, Inc. Bid Protest would be appreciated. ~. (J/ ~~~, 'u"_ .t1 1lliam H. Greenwood WHG:jo cc: Robert A. Barcinski, Asst. City Manager/CS Project ~~le, R~dio Telemetry & Data Logging System tate! "1'11'.' 'No. 89-95 , , ~~. , ' ~; , y << e ,v " ~ (' , :i: " ~ ~:' - t t. ... . '" POST. BUt..EY. SCHUH &. JERNIGAN. INC. 5300 W. CYPRESS 51 sum 300 TAMA'., fL 33607.1066 (813) 877.727S September 25, 1989 Mr. William H. Greenwood, P.E. Director City of Delray Beach Public Utilities 200 N. W. 1st Avenue Delray Beach, Florida 33444 Subject: City of Delray Beach Radio Telemetry and Data Logging System - Bid Phase Dear Mr. Greenwood: Sealed bids were received by the City of Delray Beach on September 19, 1989 for the "Radio Telemetry and Data Logging System" from Data Flow Systems, Inc. arid Tri-City Electrical Contractors, Inc. One no bid letter submittal was also received from Butler National Services, Inc. A review of the bid phase shows that five sets of plans and specifications were purchased by four radio telemetry suppliers and one electrical contractor. The Specifications were based on providing a complete radio telemetry system with the added feature of a new pump control logic module for each of the three types of pump stations. The Specifications, although based on the Data Flow System were written in a generic format to allow other manufacturers to bid the project. This is evident by the second bid received from another system supplier. A review of the two submitted bids is detailed as follows: 1 2 Data Flow Systems. Inc. $205,720 LS 4,040 EA 4,450 EA 8,000 LS Tri-City Electrical Contractors. Inc. $276,000 LS Bid Item 3 4,724 EA 15,500 LS Bid Security $ 10,286 Bid Security 5% County Occupational License tm:ENV86 :PP /1 ENGINEERING' PlANNING' ARCHITECTURE ,.., ; ..' i ~. . f .iF' "^ I~ ' ~.: ,~ , " ...).~. ". , "'" , .. t ~X;.,., (('- "'~~ it '11:' ~ . , . I>: : ~ Mr. William H. Greenwood, Director September 28, 1989 Page 2 A review of the Data Flow Systems, Inc. bid shows that the bid is for the named manufactured system and includes a detailed bid itemization with noted items for City approval for possible deducts. The bid also includes a specification response detailing agreement or areas of variance with the specifications. Data Flow Systems also included an experience list detailing past projects recently completed and systems currently being installed. A review of the Tri-City Electrical Contractors, Inc. bid shows no indication of radio telemetry manufacturer utilized and does not list any exceptions to specifications. A letter of protest was issued by Tri-City on September 19, 1989 objecting to Data Flow Syste ms, Inc. bid. A review of the protest letter is as follows: Item 1 Certificate of Competency - See items for consideration by City, Paragraph 3 below Item 2 Bid Form Irregularities A. Item No.2 broken into two unit prices and not extended. Bid Item No. 2 was divided into two unit prices since the manufacturer required that the can and dry well/wet well stations utilize an extra input board which was not required for the submersible station. The savings for submersible stations is, therefore, passed onto the City. This item could not be extended to the total since the future type of station was not defined. B. Proposed total price - see explanation of Item A above. Item 3 List of exclusions and exceptions were included - the list of exclusions and exceptions detailed mainly agreement with the,Specifications. , Item 4 1. Review of Page B-5, Paragraph 8 and 9 - must the contract bond be issued by an, agent in Palm Beach, Dade, Martin or Broward Counties. Data Flow Systems has a national bonding company in Orange County. The contract only allows 10 days for the filling of an acceptable bond where upon Data Flow Systems says that this is too short for them to comply. tm:ENV86 :PP /2 ~ "), ~- '~i >l. ~ ,.,. 1< ~ * ;;.;. , i " Mr. William H. Greenwood, Director September 28, 1989 Page 3 2. Review of Page B-6, Paragraph 13 - must Florida Industrial Commission wages be utilized. Data Flow Systems details a credit to their bid if this item was deleted. 3. Item No. 12, Page D-6 Certificate of Competency issued by Palm Beach County. This was not submitted by the low bidder with the bid, however, contract documents do not specify when it must be submitted. 4. Three possible items for credit were offered by Data Flow Systems and are open for City consideration namely: Allowance for the use of PYC conduit in lieu of rigid conduit - saving $8,600. On a similar past project, a similar revision was made with very satisfactory results. Possible deduct of $19,900 for non-adherence to minimum wage requirements, see Paragraph 2 above. Possible deduct of $5,020 for deletion of contract bond. This item should be discussed by the City. Upon review of the experience list of past projects completed by Data Flow Systems and from past experience working with Data Flow Systems on a similar project in the City of Pinellas Park, we hereby recommend the City accept the bid of Data Flow Systems. A. ,.J ~ ., B. [/ .~ C. I , We have been advised that the Utilities Department may not have sufficient budgeted funds to finance the total low bid amount. We respectfully recommend that the bid be awarded, however, a purchase order should be issued only in the amount of the available funds. This reduction should be accomplished by eliminating the installation of RTUs at lower priority lift stations. If additional funds become available, then additional purchase orders could be issued provided that the total does not exceed the bid amount. Sincerely, POST, ~KL~.77 ~RNIGAN, INe. /~~ C. Edwin Copeland, Jr., P.E. Water Systems Manager CEC/DAW/rc cc: David Weber, P.E. 14-198.00 tm:ENY86:PP/3 <, \ ","" " ,~ + *' . " ^ ,i .', ..~ M E M 0 RAN DUM TO; Malcolm T. Bird, Interim City Manager John W. Elliott, Jr., Assistant City Mano/ Management Service Ted Glas, Purchasing Director ~~ THROUGH: FROM: DATE: October 12, 1989 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING _ OCTOBER 24, 1989 - BID AWARD - BID #89-94 LANDSCAPING WATER TREATMENT PLANT Item Before City Commission: The City Commission is requested to award contract to low bidder, Associates Landscaping Inc., in the amount of $12,687. Per the BUdget Office, funding is from account #441-5122-536-33.31 (PUblic Utilities - Water Treatment Repair and Upkeep BUildings). BaCkground: The project is intended to upgrade the blighted appearance of the City's Water Treatment faCility faCing Swinton Avenue, which was designated as a scenic drive; the upgrade of the' facility will enhance the appearance of the neighborhood. Bids for this project were received on September 19, 1989 from thirteen (13) contractors, all in accordance with City purchasing procedures. (Bid #89-94. Documentation on file in the PurChasing Office.) 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" " ~o "''-' -<'" "'0 ,,-< -< " '" " < '" e r '" -< ~ o z o .., co ~ o Ul .~ .>.~____':"~n. __.:' ~?-"*, . ,~ .,....' , MEMORANDUM TO: Ted Glas Purchasing Director William H. Greenwood (;j-tt2"(H/~t Director of Public Utilities THRU: FROM: Larry Martin Deputy Director of Public Utilities SUBJECT: BEAUTIFICATION PROJECT - WATER TREATMENT PLANT - BID #89-94 DATE: September 22, 1989 Public Utilities has reviewed the proposals for the subject beautification project at the Water Treatment Plant. Two of the quotes have errors in calculations, fortunately neither error affect the apparent low bidder. We recommend approval of the apparent low bidder: Landscaping Inc. of Loxahatchee. Associates ~ ~ L./ / I.. _ I LM:j6 , ~ , " ,< ',' '~. , M E M 0 RAN 0 U M To: Ted Glas, Purchasing Administrator From: Nancy Davila, Horticulturist/Special Projects Coordinator Re: RECOMMENDATION FOR AWARD OF BID #89-94 Date: October 12, 1989 The landscaping bids that have been received for the Swinton Water Treatment Plant have been reviewed and I am recommending that the bid be awarded to the low bidder, Associates Landscaping. Inc. in the amount of $12,687.00. All contacts with references were positive and conversations with Meredith Fox from Associates Landscaping confirm that they have the specified plant materials and skill needed to complete the work. Please try to schedule this item for the October 24, 1989 Commission meeting. c: Bill Greenwood, Public Utilities Director ~ ':1 , ; , . ~ .~ . :,.. f .t , i i . " ^ i. " ~, :~_.... ';:9 '.. I- -ft X ~. j; i I_A. 'f ..