06-15-99 Regular NI-Ame~ C~
JUNE 15, 1999 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M.
7993
COMMISSION CHAMBERS
The' City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and enjoy
the benefits of a service, program, or activity conducted by the City.
Contact Doug Randolph 243-7127 (voice), or 243-7199 (TDD), 24 hours
prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be
limited to three minutes or less. The Mayor or presiding officer has
discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager tc
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the
sign-in sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the re~ord. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commi.ssion shall be barred by
the presiding officer from speaking further, unless permission to
continue or again address the Commission is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
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, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City
neither provides nor prepares such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
5. Approval of Minutes:
6. Proclamations:
A. Recognizing and commending Roy M. Simon for his valuable
contributions to the City of Delray Beach throughout the past
40 years
B. Parks and Recreation Month - July 1999
7. Presentations:
A. Certificate of Completion/1999 Institute for Elected Municipal
Officials awarded to Commissioner Michael Wright
B. Community Redevelopment Agency presentation regarding the
issuance of Tax Increment Redevelopment Revenue Refunding and
Improvement Bonds, in one or more series, in an amount not to
exceed $11,820,000.00
8. Consent Agenda: City Manager recommends approval.
A. SOUTHEAST REGIONAL AND JUNIOR LIFEGUARD CHAMPIONSHIPS:
Approve a request from the United States Lifeguard Association
(USLA) to host the USLA's Southeast Regional Lifeguard
Championships on the municipal beach on July 16-17, 1999, and
the Junior Lifeguard Regional Championships on July 31, 1999.
B. ACCEPTANCE OF LIMITED ACCESS EASEMENT AGREEMENT/720 ELDORADO
LANE: Accept a Limited Access Easement Agreement for property
located at 720 Eldorado Lane to provide for a limited access
easement over the side of the lot adjacent to N.W. 8th Avenue
in order to have frontage on Eldorado Lane.
C. AGREEMENT AND GENERAL RELEASE WITH COMMUNITY REDEVELOPMENT
AGENCY/FIRE DEPARTMENT TRAINING: Approve an Agreement and
General Release between the City and the Community
Regular Commission Meeting
1999
Redevelopment Agency, as owner, for the use of property
located at 24-26 N.W. 3rd Avenue for fire rescue training
exercises.
D. WATER MAIN EXTENSION IMPROVEMENT AGREEMENT/DELRAY KAWASAKI
PROJECT: Approve an agreement between the City and Tazami,
Inc. (developer of the Delray Kawasaki project) wherein the
City will participate in the extension of a water main on Old
Dixie Highway beyond the required facilities for the project.
Funding is not to exceed $10,000 and is available from
442-5178-536-61.78 (Water Distribution Improvements).
E. MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCEDURES
1999-2001/DELRAY BEACH RENAISSANCE PROGRAM: Approve the
Memorandum of Understanding for the period March 1, 1999
through February 28, 2001, together with the Policies and
Procedures that govern the Delray Beach Housing Renaissance
Program.
F. REMOVED
G. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/REGAL CONTRACTORS,
INC. (LEON M. WEEKES ENVIRONMENTAL PRESERVE): Approve
closeout Change Order %1 in the amount of $1,227.00 and final
payment in the amount of $26,646.00 to Regal Contractors, Inc.
for completion of the improvements at the Leon M. Weekes
Environmental Preserve, with funding from 117-4169-572-63.40
(Recreation Improvements Fund/Leon Weekes Scrub Trail).
H. RESOLUTION NO. 38-99: Approve a resolution setting a public
hearing date of July 20, 1999, at 7:00 p.m. regarding the
establishment of the Pineapple Grove Entrance Special
Assessment District.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period May 31, 1999, through June 11, 1999.
J. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the total amount of $61,332.00,
including trade-in allowance for current Life Pak units,
to Hewlett-Packard for the purchase of eight (8) Code
Master 100 12-lead EKG monitor/defibrillators with
diagnostic capabilities, and six (6) battery chargers for
use by the Fire Department. Funding in the amount of
$16,000.00 will be from 001-2315-526-64.90 (Fire
Operations/Other Machinery & Equipment), with $45,332.00
from 115-0000-248-64.00 (Reserve for Fire Rescue).
2. Purchase award in the total amount of $18,216.00 to
Southern Precision Armory for the purchase of two (2)
Simrad Rifle Night Sights for the Police Department, with
funding in the amount of $16,532 from 112-2172-521-64.90
Regular Commission Meeting
1999
(Law Enforcement Trust Fund - Other Machinery/Equipment)
and $1,684 from 112-2172-521-52.20 (General Operating
Supplies).
9. Regular Agenda:
A. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE: Consider a
request for special event approval for the 1999 Summer Nights
on the Avenue series, including temporary use permits for use
of City property and rights-of-way, staff support, and funding
of overtime costs up to a maximum of $5,000.00.
B. CRA APPLICATION TO KEEP PALM BEACH COUNTY BEAUTIFUL, INC.~
BEAUTIFICATION FOR WEST ATLANTIC AVENUE: Consider a request
from the Community Redevelopment Agency for the City's
participation and assistance with the CRA's application to
Keep Palm Beach County Beautiful, Inc. (fka Beautiful Palm
Beaches, Inc.) for funding of beautification activities on
West Atlantic Avenue.
C. AGREEMENT WITH CRA FOR ACQUISITION OF CARTER PROPERTY FOR
EXPANSION OF EXISTING RETENTION POND: Consider approval of an
agreement between the City and the Community Redevelopment
Agency wherein the City would be obligated to reimburse the
CRA for two-thirds of the costs involved in the CRA's
acquisition of the property and for the demolition of the
existing structures to accommodate the expansion of an
existing retention pond at the southwest corner of S.W. 4th
Avenue and S.W. 1st Street. The City's cost, estimated to be
somewhat less than $50,000, would be funded from
448-5461-538-61.10 (Stormwater Utility - Land Acquisition).
D. REDEVELOPMENT PLAN FOR THE SOUTHRIDGE/S.W. 4TH AVENUE AREA:
Consider approval of the redevelopment plan for Redevelopment
Area #3 as designated on the Future Land Use Map. The study
area is generally located north of Linton Boulevard, south of
S.W. 10th Street, east of S.W. 8th Avenue and west of Old
Dixie Highway.
E. LICENSE AGREEMENT FOR PORTION OF TENNIS CENTER/ENZYMES JUICE
BAR: Consider approval of a license agreement between the
City and Paige Thompson (d/b/a Enzymes Juice Bar) which would
allow the licensee to operate a mobile cart on the second
floor of the Tennis Center for the purpose of offering juices
and other concessions to Tennis Center patrons. The initial
term of the agreement shall be for one year, with the licensee
paying the sum of $550 to the City on a monthly basis.
F. BID AWARD FOR JANITORIAL SERVICES: Consider approval of a bid
award in the amount of $81,510.00 to Golden Mark Maintenance
as the lowest responsive bidder for the annual janitorial
services contract for various locations within the City.
Funding will be from the various department's operating
budgets.
-4-
Regular Commission Meeting
1999
Go CONTRACT AWARD FOR FIBER OPTIC CONNECTION FOR ENVIRONMENTAL
SERVICES DEPARTMENT: Consider approval of a contract award in
the amount of $40,300.00 to Universal Cabling Systems, Inc.,
sole source provider, for installation of a fiber optic cable
and associated conduit connecting the Environmental Services
complex to the City's fiber optic network. Funding will be
from 442-5178-536-61.76 (R&R Equipment Replacement Program).
H. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL
CONFERENCE: Designate a voting delegate to the 73rd Annual
Conference of the Florida League of Cities to be held August
19-21, 1999, at Lake Buena Vista, Florida (Wyndham Palace
Hotel).
I. OFFER OF JUDGMENT/TATE CASE: Consider the filing of an Offer
of Judgment in conjunction with the Lake Worth Drainage
District as recommended by the City Attorney.
J. CLAIM OF MARULLO V. CITY OF DELRAY BEACH: Consider an offer
to settle the referenced claim. The City Attorney recommends
denial.
K. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint
four (4) members to the Downtown Development Authority for
three year terms ending July 1, 2002. The appointments will
be made by Commissioner Schmidt, Commissioner Archer,
Commissioner Wright and Commissioner Randolph.
10. Public Hearings:
A. ORDINANCE NO. 17-99 (SECOND READING/SECOND PUBLIC HEARING):
An ordinance amending LDR Sections 4.3.4 (H) (6) &(K) ,
4.4.9 (F) &(H) , and 4.4.10 (F) regarding building and landscape
setback requirements along the Federal Highway corridor.
B. ORDINANCE NO. 18-99: An ordinance amending Chapter 51,
"Garbage and Trash", Section 51.70, "Regular Charges Levied",
of the City Code to reduce the rates charged by BFI for
garbage and trash collection services for customers using
commercial carts.
1. AMENDMENT NO. 7 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED AUGUST 8, 1996: Consider
approval of Amendment No. 7 to the agreement between BFI
and the City to modify Section 17.1 of the contract to
provide that all sums paid to BFI shall be in accordance
with the rates set forth at Section 51.70 of the City
Code.
C. ORDINANCE NO. 19-99 (CITY-INITIATED REZONINGS ASSOCIATED WITH
THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN): An ordinance
rezoning nine parcels of land from RM (Multiple Family
Residential - Medium Density) to RL (Multiple Family
Residential - Low Density) in conjunction with the adopted
-5-
Regular Commission Meeting
1999
North Federal Highway Redevelopment Plan. The subject
properties are located south of Lake Avenue South between U.S.
Highway No. 1 and N.E. 8th Avenue, and contain 2.49 acres.
QUASI-JUDICIAL HEARIN~
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 20-99: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Subheading "Retirement
Plan", of the City Code by amending Section 35.098,
"Supplemental Retirement Income and Minimum Benefits", to
provide certain eligible members and their beneficiaries who
retired under the General Employees Pension Plan with enhanced
benefits, including an increased minimum benefit for
participants with ten or more years of credited service. If
passed, a public hearing will be scheduled for July 6, 1999.
B. ORDINANCE NO. 21-99: An ordinance amending Chapter 33,
"Police and Fire Departments", Subheading "Pensions", Section
33.68, "Supplemental Retirement Income and Minimum Benefit for
Members Who Retired Prior to a Certain Date", of the City Code
by amending Subsection 33.68(A) and by enacting Subsection
33.68(C), to provide eligible members and their beneficiaries
who retired under the "Police and Fire Pension Plan" with
certain enhanced benefits and setting a minimum benefit. If
passed, a public hearing will be scheduled for July 6, 1999.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-6-
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - JUNE 15. 1999 - 6:00 P.M.
COMMISSION CHAMBERS
AgeNDA ADD~.NDI, IM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
5. Approval of Minutes:
Special Meeting of June 8, 1999
7. Presentations:
C. Report on Citrix ATP Tennis Tournament (Brahm Dubin)
ADDITIONAL ITEMS:
6.A. Proclamations.
Attached is a copy of the proclamation recognizing and commending Roy M. Simon for his
valuable contributions to the City of Dekay Beach throughout the past 40 years. It was not ready to
be sent out with the agenda booklets last Friday.
8.C. Agreement and General Release with Community Redevelopment Agency/Fire
Department Training. A revised copy of the Agreement and General Release is provided.
Paragraph 6 was split into two paragraphs to clarify who was indemnifying whom for certain
activities.
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, such person will need to ensure that a verbatim
record includes the tesfim9ny and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
Ref:Addendum. 6/15/99
£1TY JIF I]ELARY BEACH
AII-~JII~(~I~ 100 N.W. 1st AVENUE · DELflAY BEACH, FLORIDA 33444 · 561/243-7000
1993 TO: Nilza Madden, Executive Assistant/Agenda Coordinator
FROM: David T. Harden, City Manager ff~ul
DATE: August 5, 1999
SUBJECT: Minutes for Meeting of June 15, 1999
I I
Thank you for the copy of your notes from the subject meeting.
With regard to Jean Beer's comments, so far as I know there is no tax equalization issue.
Therefore I am uncertain what Mrs. Beer spoke about. I believe I recall her speaking
about the study we had done to determine all of the street and infrastructure needs in the
City. It may have been something else however. Perhaps someone should call Jean Beer
and see if she remembers what she spoke about that evening.
With regard to Alice Finst's comments I am absolutely certain she was speaking about
the Francis Bright Park. She may have mentioned Spencer Pompey as you have in your
notes, but she was not talking about Pompey Park.
Finally, I believe Commissioner Randolph did mention the new bulletin board sign in the
median of Atlantic Avenue as you have in your notes. In addition to that he pointed out
that some of the signs were not plumb and needed to be straightened.
C: Alison Harry, City Clerk
DTH:dr
U:RANOEL/DTH
Madden. Itt
THE EFFORT ALWAYS MATTERS
)Pr/rrm~ on Recyr.,/e~ P~oer
7-99 CITy MANAG~R
Re: Minutes of June 15, 1999
I verified with both Mrs. Beer and Mrs. Finst
regarding their comments during our Regular
Commission Meeting of June 15, 1999.
Please refer to the attached information which
will be added to the minutes upon your '
review.
Thank you
Nilza Madden
ll.B. From the Public.
ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, stated that on
behalf of P.R.O.D., she would like to commend the Commissioners
for their quick response to the Tax Equalization Study project.
(a study which will determine whether the costs of services in
unincorporated Palm Beach County are being subsidized by
residents within the various municipalities.) She noted that the
City of Delray Beach did not generate the same amount of service
from the Palm Beach County Sheriff's Office as County residents
did. Therefore, she feels that the City should be charged at a
lower percentage.
She then commented on the amount of industrial and
commercial businesses in the east side of Delray Beach. She
would also like to see some long range planning for the
commercial development in the west side of Delray Beach. She
suggested the City utilize the Palm Beach County Planning and
Zoning Department for data and as a planning tool.
ll.B.2. Alice Finst, 707 Place Tavant, brought to the Commis-
sion's attention that Frances Bright Park needed to be put on
their priority list. She stated that the park was not clean and
not as inviting as it could be. She suggested placing
vegetation around the trees in order to keep them clear of
bottles and shoes.
Mrs. Finst also asked to see a progress report
concerning Lake Ida Road. She said that she was concerned about
who was going to lose part of their properties and where traffic
lights would be placed.
13.C.3. Commissioner Randolph
Commissioner Randolph noted that some of the new
bulletin board signs in the median of Atlantic Avenue were not
plumb and needed to be straightened.
· l-.J~llle~l~a~j 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 5G1/243-7000
993 TO: Nilza Madden, Executive Assistant/Agenda Coordinator
FROM: David T. Harden, City Manager ~, z]t/1
DATE: August 5, 1999
SUBJECT: Minutes for Meeting of June 15, 1999
Thank you for the copy of your notes from the subject meeting.
With regard to Jean Beer's comments, so far as I know there is no tax equalization issue.
Therefore I am uncertain what Mrs. Beer spoke about. I believe I recall her speaking
about the study we had done to determine all of the street and infrastructure needs in the
City. It may have been something else however. Perhaps someone should call Jean Beer
and see if she remembers what she spoke about that evening.
With regard to Alice Finst's comments I am absolutely certain she was speaking about
the Francis Bright Park. She may have mentioned Spencer Pompey as you have in your
notes, but she was not talking about Pompey Park.
Finally, I believe Commissioner Randolph did mention the new bulletin board sign in the
median of Atlantic Avenue as you have in your notes. In addition to that he pointed out
that some of the signs were not plumb and needed to be straightened.
C: Alison Harty, City Clerk
DTH:dr
U:RANGEL/DTH
Madden. Itt
THE EFFORT ALWAYS MATTERS
Pr~rtred on Recycled Pa~er
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~(
SUBJECT: AGENDA ITEM #]0~- REGULAR MEETING OF JUNE 15, 1999
ORDINANCE NO. 19-99 (CITY-INITIATED REZONINGS ASSOCIATED
WITH THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN)
DATE: JUNE 11, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 19-99 which rezones nine (9) parcels of land from RM
(Multiple Family Medium Density/6-12 Dwelling Units/Acre) to RL
(Multiple Family Residential Low Density/6 Dwelling Units/Acre).
The subject properties are generally located south of Lake Avenue
South between U.S. Highway No. 1 and N.E. 8th Avenue, and contain
approximately 2.49 acres.
Seven of the parcels contain single family homes, one parcel
contains a triplex, and one parcel is vacant although an application
is currently being processed for subdivision and development as a
single family home and two townhomes.
On March 16, 1999, the City Commission adopted the North Federal
Highway Redevelopment Plan which recommends that the subject
properties be rezoned as proposed. The Planning and Zoning Board
considered this City-initiated rezoning at a public hearing on May
17, 1999. Two members from the public spoke in favor of the
rezoning. After review and discussion, the Board voted unanimously
to recommend approval, based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the
Land Development Regulations, and policies of the Comprehensive
Plan. At first reading on June 1, 1999, the City Commission passed
the ordinance by unanimous vote.
Recommend approval of Ordinance No. 19-99 on second and final
reading, based upon the findings and recommendation of the Planning
and Zoning Board.
Ref :Agmemol5. Rezoning. 9Parcels
ORDINANCE NO. 19-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING NINE (9) PARCELS OF LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY MEDIUM DENSITY/6-12
DWELLING UNITS/ACRE) TO RL (MULTIPLE FAMILY RESIDENTIAL LOW
DENSITY/6 DWELLING UNITS/ACRE); SAID LAND BEING GENERALLY
LOCATED SOUTH OF LAKE AVENUE SOUTH BETWEEN U.S. HIGHWAY NO. 1
AND N.E. 8TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; ALL
AS REQUIRED TO IMPLEMENT PROVISIONS OF THE NORTH FEDERAL
HIGHWAY REDEVELOPMENT PLAN AS PREVIOUSLY ADOPTED BY THE DELRAY
BEACH CITY COMMISSION; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
%~EREAS, on March 16, 1999, the Delray Beach City Commission
adopted the North Federal Highway Redevelopment Plan;
175HEREA$, in accordance with the adopted North Federal Highway
Redevelopment Plan, certain parcels of land were to be rezoned from RM
(Multiple Family Residential - Medium Density) were to be rezoned to RL
(Multiple Family Residential - Low Density) to conform with the
provisions of the adopted plan; and
WHEREAS, at its meeting of May 17, 1999, the Planning and
Zoning Board, as Local Planning Agency, considered this item at a public
hearing and voted unanimously to recommend approval of the rezoning,
based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D) (5) of the Land Development Regulations,
and policies of the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated April, 1994, be amended to reflect
the revised zoning classification for the referenced parcels of land.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$¢zdo. 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, be, and the same is hereby amended to
reflect a zoning classification of RL (Multiple Family Resident'iai - Low
Density) District for the following described property:
Lots 10, 11 and 12, inclusive, Block One, Plat of Kenmont, as
recorded in Plat Book 20, Page 65 of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH:
Lots 8, 9, 10, 11, 12 and 13, Block Two, Plat of Kenmont, as
recorded in Plat Book 20, Page 65, of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH:
The southerly 170.26 feet of the easterly 150 feet of the
westerly 392.27 feet (measured along the south lot line), an
the southerly 100 feet of the easterly 42.27 feet of the
westerly 242.27 feet (measured along the south lot line) of
the portion of Lot 5 lying east of U.S. Highway No. 1, of the
Plat of Harry Seemiller Subdivision, as recorded in Plat Book
9, Page 72, of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH:
The North 70 feet of the East 150 feet of the West 339.5
(measured along the north lot line) of the portion of Lot 5
lying east of U.S. Highway No. 1, of the Plat of Harry
Seemiller Subdivision, as recorded in Plat Book 9, Page 72, of
the Public Records of Palm Beach County, Florida.
The subject properties are located south of Lake Avenue South
between U.S. Highway No. 1 and N.E. 8th Avenue; containing 2.49
acres, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, amend the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
Section3. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
S¢¢~[on4. 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
Ord. No. 19-99
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
Ord. No. 19-99
ROYAL PALM BLVO.
M.S.A. TRACT
N.E. 16TH ST.
AVE.
03 LAKE AVENUE N. EL
(LAK['
LAKE AVENUE S.
N.E. 13TH ST,
N.E. 12TH ST.
BOND WAY
N.E. 11TH ST.
N.E. lOTH
O RM
BUSH
ST. V1NCENT'S
CHURCH
CF
N
~ - REZONING -
CITY OF 0ELRAY BEACH, ~'l. FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
PLANNING ~ ZONING DEPARTMF'NT TO: RL (MULTIPLE FAMILY RESIDENTIAL-LOW DENSITY)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: May 17, 1999
AGENDA ITEM: VI.B.
ITEM: City Initiated Rezoning From RM (Multiple Family Residential-Medium Density) to
RL (Multiple Family Residential-Low Density) For Nine Parcels Located South of
Lake Avenue South, Between U.S. Highway No. 1 and N.E. 8th Avenue Associated
With the Adopted North Federal Highway Redevelopment Plan.
Owner ................................................ Various
David T. Harden, City Manager ~ *~""~ ~'
Location .............................................. South of Lake Avenue South,
Be~een U.S. Highway No. 1 and
N.E. 8th Avenue.
Prope~ Size ...................................... 2.49 Acres
Future Land Use Map ......................... Medium Density Residential
Current Zoning ................................... RM (Multiple Family Residential-
Medium Density)
Proposed Zoning ................................ RL (Multiple Family Residential-
Low Density)
Adjacent Zoning ........................ Nodh: RL & GC (General Commercial)
East: RL
South: RM
West: GC
Existing Land Use ............................... Vacant Lot, one (1) triplex, and
seven (7) single family
residences.
Proposed Land Use ............................ Rezoning of the parcels
according to the adopted Nodh
Federal Highway Redevelopment
Plan.
Water Se~ice .................................... N/A.
Sewer Se~ice .................................... N/A.
The action before the Board is making a recommendation to the City Commission on a
City Initiated rezoning from RM (Multiple Family Residential- Medium Density) to RL
(Multiple Family Residential - ,Low Density) for 9 lots located along the west side of NE
8th Avenue, approximately 950 north of George Bush Boulevard.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City.
On December 13, 1988, the subject properties were annexed into the City as part of
Enclave Act 24 and given an initial zoning of R-1-A. Enclave 24 contained
approximately 60 acres and was one of the most complex annexations due to the mix of
uses in the area (single family, duplex, multifamily, commercial and industrial). During
consideration of the annexation of Enclave 24, the Planning and Zoning Board
requested that staff examine alternative zonings which would provide a buffer between
the existing commercial developments (along North Federal Highway) and single family
areas to the east.
Subsequent to the initial annexation, and pursuant to the Planning and Zoning Board's
direction, the City approved a change in zoning for the subject properties from R-1-A to
RM-6 (Multiple Family Residential 6 du/ac). With the Citywide Rezoning associated
with the approval of the Land Development Regulations in 1990, the RM-8 zoning
designation was changed to RM (Multiple Family Residential Medium Density 8-12
du/ac).
The subject properties involve 9 parcels containing approximately 2.49 acres. Seven
(7) of the parcels contain single family homes, one parcel contains a triplex, and one
parcel is vacant for which an application is currently being processed for subdivision
and development as a single family home and two townhomes. On March 16, 1999, the
City Commission adopted the North Federal Highway Redevelopment Plan, which
recommended that the subject properties be rezoned from RM to RL (Multiple Family
Residential- Low Density) which is the action now before the Board.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 2
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The current Future Land Use designation for the subject properties is MD
(Medium Density Residential) and the current zoning is RM (Multiple Family
Residential- Medium Density). The requested zoning change is from RM to RL
(Multiple Family Residential- Low Density). The proposed zoning designation of
RL is consistent with the MD Future Land Use Map designation. Based upon the
above, positive findings can be made with respect to consistency with the Future
Land Use Map.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Water and Sewer is provided to the parcels via 8" mains located within NE 8th Avenue.
The rezoning from RM to RL will have a potential to decrease water and sewer
demands based on the potential decrease in allowable densities (29 units under the
existing RM zoning and 14 units under RL zoning) if the properties were to be
redeveloped in the future. Therefore, a positive finding with this level of service can be
made.
Drainage:
As most of the parcels are developed with single family homes, drainage is
accommodated via sheet flow into sodded swale areas. Paving and drainage plans will
be required with a site-specific plan when development or redevelopment occurs in the
area.
Streets and Traffic:
Under the current RM zoning designation the maximum units allowed would be 29.
Traffic generation rates for a multiple family dwelling is 7 Average Daily Trips (ADT) or a
potential of 203 ADT. The change in zoning to RL would allow a maximum of 14
multiple family units generating 98 ADT. Based on the above, a positive finding with
respect to Traffic Concurrency can be made.
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 3
Parks and Open Space:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City.
Solid Waste:
Pursuant to the Solid Waste Authority figures, 0.8 tons of solid waste per unit per year is
generated. Under the RM zoning, 29 units would generate 32.2 tons of solid waste per
year. Under the RL zoning, 14 units would generate 11 tons of solid waste per year.
Therefore, a decrease in demand with respect to this level of service will be realized
with the change in zoning.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Policy C-1.4 of the Future Land Use Element:
This policy calls for the preparation of a redevelopment plan for the North Federal
Highway Corridor. On March 16, 1999, the City Commission approved the
redevelopment plan for North Federal Highway Corridor which recommended that the
subject properties be rezoned from RM to RL based on the RL zoning being more
consistent with the existing densities in the area, and with the uses on the properties.
Section 3.3.2 (Standards for Rezoning Actions): The applicable performance
standards of Section 3.3.2 and other policies that apply are as follows:
(A) The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to those
areas identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezonings to a different zoning designation,
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties are identified on the Residential Neighborhood Categorization
Map as "Stabilization" in the Housing Element of the City's Comprehensive Plan. RL
zoning exists to the north and east of the subject properties that contain the same
development pattern (i.e. mix of single family and multiple family structures). Higher
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 4
density development exists to the south and the Federal Highway commercial corridor is
to the east. R-1-A zoning could be applied to the subject properties as 7 of the nine lots
contain single family homes. However, the resulting zoning pattern would be a sliver of
single family zoning between commercial zoning and higher density multiple family
zoning. A strictly single family zone is not characteristic of this area. Given the proximity
to the commercial uses, the surrounding zoning designations and development
patterns, and the character of existing and proposed uses, the RL zone is the most
restrictive applicable zoning district. Based on the above, it appears that the most
appropriate zoning designation is RL.
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is bordered by the following zoning designations: to the south RM
zoning; to the north and east RL zoning; and to the west, GC (General Commercial)
zoning. The surrounding land uses are: to the north and east by predominantly single
family homes; to the south, multiple family structures; and to the west by general
commercial uses.
The proposed change in zoning from RM to RL will result in a reduced density that is
more compatible with the adjacent and nearby properties. All of the lots except one are
developed. Compatibility will further be addressed with a site-specific plan for the
vacant parcel or redevelopment of the area.
Section 2.4.$(D)($) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The most appropriate reason for the change in zoning is based on item "c". The
adoption of the redevelopment plan for the North Federal Highway Corridor
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 5
recommended that subject properties be rezoned based on the existing land uses and
that the resulting density on the vacant parcel would be more consistent with the
existing land use patterns in the area. Further, the property was zoned RM-6 until it
was changed to RM with the Citywide rezonings in 1990 as all the density suffixes were
removed from the zoning map. The RL zoning allows up to 6 units per acre, which is
more appropriate now that the suffixes have been removed from the zoning map.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), Community Redevelopment Agency (CRA), or DDA (Downtown
Development Authority).
Courtesy Notices:
Courtesy Notices have been provided to the following homeowner's and civic
associations:
· Kokomo Key Homeowner's Association
· La Hacienda Homeowner's Association
· North Palm Trail Homeowner's Association
Seacrest Homeowner's Association
· Town of Gulfstream
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The rezoning from RM to RL is associated with the adoption of the North Federal
Highway Redevelopment Plan. The rezoning is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also,
positive findings can be made with respect to Section 2.4.5(D)(5) "Rezoning Findings",
that the RL zoning is more appropriate for the property based upon circumstances
particular to the properties and the neighborhood.
A. Continue with direction.
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 6
B. Recommend rezoning of 9 parcels containing approximately 2.49 acres located in
the North Federal Highway Corridor from RM to RL, based on positive findings with
respect to Section 2.4.5(D)(1) "Rezoning Findings", Section 3.1.1, and the
performance standards of Section 3.3.2.
C. Recommend denial of a rezoning, based on a failure to make positive findings.
Recommend approval of the rezoning of 9 parcels containing approximately 2.49 acres
that are located in the North Federal Highway Corridor from RM to RL, based upon
positive findings with respect to Section 3.1.1 "Required Findings", Section 3.3.2
"Standards for Rezoning Actions", and Section 2.4.5(D)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Attachments:
· Location/Zoning Map
[IT¥ I)F I]ELAI:IV BEI:I[H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct L~e: (561) 243-7~1
p~LR~ ~A~
AII.A~ca Ci~ ~MO~D~
~ 99~ TO: City Co~ission
FROM: Brian Shu~, Assistant City A~omey
SUBJECT: Amendment No. 7 to the Solid Waste and Recycling Collection Franchise
Agreement
Amendment No. 7 to the Agreement between BFI and the City modifies Section 17.1 of
the contract to provide that all sums paid to BFI shall be in accordance with the rates
listed in Section 51.70 of the Code of Ordinances of the City of Delray Beach. This will
avoid the necessity of amending the Franchise Agreement each time there is a CPI rate
increase or any other time there is a rate change, such as in this case.
By copy of this memorandum to David Harden, City Manager, our office requests that
this amendment to the Solid Waste and Recycling Collection Franchise Agreement be
placed on the June 15, 1999 City Commission agenda. Please call if you have any
questions.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Safford, Finance Director
AMENDMENT NO. 7 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED AUGUST 8, 1996
THIS AMENDMENT NO. 7 to the Solid Waste and Recycling Collection Franchise
Agreement dated August 8, 1996 is made this __ day of , 199_ by and
between the CITY OF DELRAY BEACH (the "City") and BFI WASTE SYSTEMS OF
NORTH AMERICA, INC. ("BFI").
WlTNESSETH:
WHEREAS, the parties entered into a Franchise Agreement ("Agreement") dated August
8, 1996, to provide for the collection of solid waste and recycling materials within the City; and,
WHEREAS, Section 17.1 of the Agreement provides that BFI shall be compensated in
accordance with the sums as set forth in Exhibits I, II and III to the Franchise Agreement; and,
WHEREAS, the parties desire to amend Section 17.1 of the Agreement to provide that
BFI shall be compensated in accordance with the rates listed in Section 51.70 of the Code of
Ordinances of the ICity of Delray Beach.
NOW, THEREFORE, the parties agree as tbllows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated August 8, 1996, is hereby amended, by amending Section
17.1, to provide that BFI shall be compensated in accordance with the rates listed in Section
51.70 of the Code of Ordinances of the City of Delray Beach.
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
4. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid
Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to legal form
and sufficiency:
~City Attorney
WITNESSES: BFI WASTE SYSTEMS OF NORTH
~-" By: Ran~dy/B~ges~on,-,~Vic~.President
(Name printed or '/yped)
(Corporate Seal)
(Name printed or typed)
blicon7.amd
MEMORANDUM
TO: Mayor and City Commissioners
FROM: City Clerk~
SUBJECT: Proclamation Reco~nizin~ Roy M. Simon
DATE: June 11, 1999
At the time the agenda was completed on Friday, the proclamation
for Mr. Simon was still being worked on. It will be delivered
to you on Monday, June 14tn.
Thank you for your patience.
AMH/m
CITY aF n LRn¥ BENCH
DEL~¥ BE~C~
' ' "^ I~N.W. Ist AVENUE · DELRAYBEACH, FLORIDA 33444 · 407/243-7000
1993
WHEREAS, recreation enhances the health and
well-being of all people, young and old, able and disabled; and
WHEREAS, the importance of recreation must be
continually emphasized in a technologically advanced society
such as ours; and
WHEREAS, all citizens can enjoy self-renewal in the
out-of-doors provided through open green spaces and park
facilities; and
WHEREAS, our state and federal parks are major
attractions each year not only to Floridians, but also for the
millions of visitors to Florida; and
WHEREAS, other governmental bodies, such as the
cities and counties, also maintain parks and playgrounds for
the benefit of residents and visitors; and
WHEREAS, Parks and Recreation Departments, such as
ours in the City of Delray Beach, provide countless benefits
for our citizens and visitors; and
WHEREAS, we, as a nation, must have an awareness of
the potential value of leisure and recreational activities.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do
hereby proclaim July, 1999, as
PAI~S ~D RECREATION MONTH
in Delray Beach, Florida, and urge that attention be directed
to the many ways in which parks, recreation and civic groups,
public schools, private organizations and other agencies may
expand recreational facilities and programs so every citizen
will have the opportunity to develop meaningful and satisfying
leisure activities..
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 15th day of June, 1999.
MAYOR
SEAL
EFFORT ALWAYS MATTERS
UNIVERSITY
· ~lorida Institute of Government
Dr. John DeGrove, Chair
Dr. John Scott Dailey. Executive Director
Dr. Lance deHaven-Smith, Associate Director
Honorable Reubin Askew, Senior Fellow
May26,1999
Mr. Michael Wright
Commissioner
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444-2698
Dear Commissioner Wright:
On behalf of the Florida Institute of Government and the Florida League of Cities, I am pleased to award this
certificate to you for the completion of eighteen hours of instruction at the Institute for Elected Municipal
Officials.
It is our sincere hope that you found the program challenging, informative, and rewarding. We encourage you
to take advantage of other League and Institute of Government training programs, like the Advanced Institute.
And, in the event that you receive public questions about the program, we've enclosed a sample press release that
might be helpful.
We stro~at your willingness to complete this program of study is indicative of your commitment
--~~t° i~l:lt6vmg~ity of municipal government in Florida. We commend you for this and sincerely thank you.
J~ot~ cott Dailey
Ex cufive Director
JSD/kg
enclosure
Woodcres! Office Park · 325 John Knox Road · Bldg. 300. Suile 301 EC ° Tallahassec. FL 32303
(850) 487-1870 · FAX (850) 487-O041 · SUNCOM 277-1870
Community
Redevelopment
i lll Agency
Delray Beach
MEMORANDUM
To: Mayor Alperin and City of Delray Beach Board of Commissioners
From: John Weaver, Chairman of CRA Board of Commissioners
Date: June 10, 1999
RE: 1999 Series A and Series B Bond Issue plus Refunding of 1997 Series A and
Series B Bonds
The CRA Board approved a proposal from Nations Bank to issue 1999 Series A and Series B
bonds plus the refunding of 1997 Series A and Series B bonds.
1999 - $3,700,000 Tax-Exempt
1999 - $1,000,000 Taxable
1997 - $6,015,000 Tax-Exempt
1997 - $1,105,000 Taxable
Please refer to the attached.
1. Initial proposal t~om Nations Bank dated May 14, 1999.
2. The second proposal from Nations Bank dated May 27, 1999.
3. The opinion letter from Clark Bennett of American Govemmem Certificates and Funds
Corporation recommending the acceptance of the May 27, 1999 Nations Bank proposal.
4. A matrix comparing actual vs. proposed interest rates.
5. The debt service savings analysis comparing the first proposal to the second proposal.
6. The Fiscal Year 1999 through Fiscal Year 2003 budget model based on the second proposal.
Contingent upon your approval at the special meeting on June 22, 1999, our Agency plans to
close on June 25, 1999.
Please call Chris Brown or Christine Caron at 276-8640 if you have any questions.
Thank you for your consideration.
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
-, NationsBa_nk
Commercial Baxtking Division
625 North Flagler Drive, 10th Floor
West Palm Beach, FL 33401
Fax 56l 838-2325
NafionsBank
May 14, 1999
Mr. Christopher J. Brown, Executive Director
Delray Beach Community Redevelopment Agency
24 North Swinton Avenue
Delray Beach, Florida 33444
Re: $.3,700,000 Series 1999A Bank Qualified Tax-Exempt Bonds
$1,000,000 Series 1999B Taxable Bonds
Dear Mr. Brown:
We are pleased to have the opportunity to provide you a commitment which sets forth the general terms
and conditions under which NationsBank will provide financing to the Deiray Beach Community
Redevelopment Agency.
Contact Information: NationsBank Phone: 561-838-2261 Fax: 561-838-2325
625 North Flagler Drive, 10~ Floor
West Palm Beach, Florida 33401
Contact Person: David Abee, Vice President
Alternate Contact: Kevin Williams, Vice President
Series 1999A
Borrower: Delray Beach Community Redevelopment Agency
Loan: $3,700,000
Purpose: To acquire and develop real property in the City of Delray Beach.
Maturity: 9/1/2019
Repayment: Interest payable semi-annually beginning 9/1/99 with principal due
annually beginning 9/1/2003. Borrower may repay all or any portion
of principal without penalty.
Interest Rate: 4.60% Fixed.
Security: Pledge of all moneys on deposit in the Redevelopment Trust Fund
derived from the proceeds of the Agency's Tax Increment Revenues
and all investment earnings thereon.
USA
C~oo~ s,~.,,,, Member FDIC
Series 1999B
Borrower: Delray Beach Community Redevelopment Agency
Loan: $1,000,000
Purpose: To acquire and develop real property in the City of Delray Beach.
Maturity: 9/1/2014
Repayment: Interest payable semi-annually beginning 9/1/99 with principal due
annually beginning 9/1/2000. Borrower may repay all or any portion
of principal without penalty.
Interest Rate: 6.70% Fixed.
Security: Pledge of all moneys on deposit in the Redevelopment Trust Fund
derived from the proceeds of the Agency's Tax Increment Revenues
and all investment earnings thereon.
Series 1999A and Series 1999B
Conditions: 1.) The Agency will provide a copy of its General Purpose Financial
Statements on an annual basis, within 270 days of its year-end.
2.) Borrower's counsel shall provide Bank with an opinion letter as to
the tax-exempt status of the Series 1999A Bonds.
3.) The tax-exempt rate as quoted herein take into consideration the
Minimum Corporate Income Tax Rate of 35%. Should there be a
change in the Minimum Corporate Tax Rate, the Bank shall reserve the
right to adjust the interest rate in order to maintain the same after tax
yield.
4.) The Bank shall also have the fight to adjust the tax exempt interest rate
in order to maintain the same after tax yield if any amendments to existing
law are enacted which would adversely affect the Bank's after tax yield
including any "determination of taxability" as will be def'med in the Loan
documents.
Closing Costs: The Borrower will pay all closing costs including, but not limited to, the
Bank's reasonable attorney's review fees, which will not exceed $2,:500.
Quality of Documents: Each document and item required to be submitted to NationsBank pursuant
to the Committnent shall be satisfactory in form and substance to
NationsBank. Further, the Borrower agrees to execute at the closing all
documents deemed necessary by Bank's attorney. Documents pi'ovided by
Agency's attorneys will be subject to the Bank's review.
Authorization: The Borrower will provide at closing, customary representations and
warranties, including but not limited to its power to borrow, the Board
actions to authorize these borrowings, the enforceability of all Loan
documents, its good standing under Florida law, and that there has been
no material adverse change in its financial condition since the last statement
presented to the Bank.
If acceptable, this Commitment should be executed by an authorized representative in the space
provided for below. This Commitment to lend will expire if not accepted by May 28, 1999.
On behalf of NationsBank, we are pleased to have the opportunity to make this proposal to the Agency.
Sincerely,
Vice President, Client Manager Vice President, Credit Products Officer
Commitment accepted this day of May, 1999
Delray Beach Community Redevelopment Agency
By:
Its:
NatlonsBank
May 27, 1999
Mr, Christopher ~, Brown, Gxccufive Director
Deh'ay Bench Comml~ity Redevelopment Agency
24 North Swinton Avenue
Delray Beach, Florida 33444
Re: New ~3,?00,0~}~ Set,es 1999A Bank Qunlilled 'fax-Bxempt Bonds
New $1,000,0~ ~erles 199~B Taxable l~nds
Rate Modilkation on Kxlstln$ $~,015,000 I~/A Bank QnalHl~d
Rate Mod~eagon on l~:istinI $1,1~,000 I~]~/B Tazabl~ Bonds
Dea~ Mt. Brown;
We ate plensed to have ~e opportunit~ to lx~vide you a ¢ommltmont w~ch sets forl~ the $~n~al t~nns
and conditions under which NationsBank will pzovide financing to ~e Dekay Bench Ce~mtmity
l~development Agency.
Cgntn~t Information: Nation~B~nk Phone: 561-8]g-226! Fax= $61-~.2~25
625 North Fla~lez Drive, 10~ Fk~r
West Palm Beach, Florid~ 3340~
Contact P~xc David A~e, Vlc~ Pr~kl~t
Alternate C~ntact: Kevin Williams, ¥ie~ Pt~ident
Series 1~99A
Borrower~ D~h~y Beth Community Redevelol~nent Agency
Loan: ~3,700,000
Pun~9~e: To a~qu~ nnd d~velop ~ lzopeny in ~ City of D~tay Bea~.
Matnrit~. 9/1~019
Repayment: Inte:z~! i~yabl~ semi-annually b~ming ~/1/~ with princ~al d~
ann~all~ ~e$izming 9/1/2003. Bon'owe~ n~y z~p~ all er any ;x~tion
of principal without penal/.
Interest Rnte: 4.$0% Fixed.
Secure: Pledge of nil moneys on deposit in the tt~d~velopm~nt Trust Fund
derived ~'om the p~o~.ds of the A~ency's Tax ~ R~venues
a~d all inv~tment ~aznin~
P~paymen~
Provision: Yes - ~e "P~missery Not~.Compensadou Upon Prel~yment or
Acceleration," a~ta~ed.
~c~ Idemb~r FDIC
M~Y ~ 1999 ~.~.:OB ~'~ EXEC CREDIT AD~ 56~ 8~8 23~? TO 9156127685=58 P.OJxB6
Series 1999B
Borrower: Delra.v Beach Community Redevelopment Agency
Loan: $!,000,000
]'urm~e:. To acquire and devolop t~ai property in the City of Deir~y Beach.
~latur~O/: 9/1/2014
Reonymentz Interes~ payable smni-armualJy beginning 9/1/99 with ln-in¢ipal due
annually beginning 9/1/2000. Borrower may repa}' ail or any portion
or'principal without penalty.
~ 6.7O% Fixed.
Security: Pledge of all moneys on deposit in lhe Re&volopmmxt Trust Fund
derived from the proceeds of tho Agency's Tax Increment l~vm~ms
a~d all investment earnings thereon.
Prepayment
Provision: No~te
Series 1999A and Series 1999B
~ 1.~ The .~g~ncy will provide a copy of its Genernl Purposo Financial
Statements on an aramal basis, within 270 days of its y~er-mtd. -
2.) Borrower's counsel shall provide Bank with an opinion letter ~s to
the tax-exempt status of the Set, es 1999A Bonds.
3.) The Bank shai! ~iso have the right to adjus~ tho tax exempt interest r~te
in outer to maintain the same se, er tax yield if any amt~dm~ats to existin~
law ate enacted which would adversely affect the Bank's after tax yiold
including any "determinntion of taxability' ns will be defined in tl~ Loan
documents.
.C~ The Borrower will pay an ciosin$ corn includin& but not limit~! to, tho
Bank's e. asonablo attorn~'s r~view fees, which win not exc~d_ $2,500.
Quality of Doeuments; Each document and itmn required to be subtnitt~! to NafionsBank pmmmnt
to the Commitmeat shall be satisfactory in form and substance to
NntionzBank. Furlher, t~o Borrower agrees to ex~cut~ at the closing all
documonts de~ned nec~sary by Bank's auorney. Documents lZovided by
Agency's attonmys will b~ subject to the Bank's r~view.
Au~oriza~n: The Borrower will provid* at closing, customary represe~u~ons and
warranties, including but not limited to its power to borrow, the Board
actions ~o authorize thes~ borrow~gs, the enforceabiii~' of all Loan
documents, its good stnnding under Florida law, and ~ ~ has bean
no material adverse chang~ in iu f'mancial condition since the l~t sta~ment
presented to the Bank.
'~Y 27 1~99 11:~6 ~R -ixEC CR.~IT ADM 561 8~8 ~.%9~ T,3 91561~768558 P.BSwB6
1999 11:05 F~ EXEC O~EDiT ~]:)~ 55t 838 239? TO 9~.56~.2'~f::~558 ~.04/~6
Series 1997A
Borrower: Deltay Beach Community l~evelopment A$ency
l~te: 4.80% Fixed.
Prepayment
ProvJsioa: Yes - See "Promissory Note-Compensation Upon Prepayment or
Acceleration," Attached.
Series 1997B
Borrower: Delray Beach Community Redevdopment A~ency
Rate: 6.70% Fixed.
Prepayment
~ Nofle.
Series ~997A and Series 199711
Conditions: Oualftv o! Documents: Each document and item required to be subrnitt~
to NationsBank p~sunt to the Cammitment shall be satisfactory tn form
and subatlflce to NefiemBenk. F~ther, the Borrower agrees to execute at
the closing all documents deemed necessary by lhnk's attorney. Documents
provided by Asency's attorneys will be subjec~ to the Bank's review.
Ali other terms 8nd condifiom tncludin8 exJat~ maturities will remain the
S8111e.
If acceptable, 1biz Commitmenl should be executed by en authorized representative in the space
provided for below. This Commitment to lend will expire if not w, ceptod by May 30, 1999.
On behalf of N~o~Bank, we are pleaz~ ~o have the opponunit7 to make thL~ proposal, to the Asency.
Sincerely,
121~vid Abee
Vice President, Client Manager Vice President, Credit l~xlucts Officer
CommJtmentoccq~lthis , dayot'May, 1999
Delray Beach Community Redevelopment Ageacy
By:.,
Its:
~I~Y 27 1~99 11:~6 ~R ExEC CR~]~IT ADM F~l 8J8 239'~ TO 91561~68558 P.~SxB6
PROMISSORY NOTE-COMPENSATION UPON PREPAYMENT OR ACCELERATION.
la addition to principal, imzrest and any other amoums due und~ tiiis No~ Borrower shall on dew. and
pay to Bank any "Breakage Fee" due hereunder for each Break Event. "Break Event" means any
volun~ry or mandaxo~ prepayment or acc~en~o~ in whole or in pan, of principal of this Nc~e occurring
prior to the dale such principal would, but for that prepayment or acceleration, have become due
("Sa~tuled Due Date"). For each ciste on which a Br~k Event occurs ("Breal Date"), · lir~ka~e
ir~e shaa be due ouly if the rat~ u~der "A" below exceeds the r~e under "B" b~ow sad sl~]l be
determined as follows:
Breakage Fee = the Present Value of ((A-B) x C + LIBOR. Breakage, where:
A = A rate per annum equal ~o the sum of (1) the bond equivak~ yield (bid side) oftl~ U.S.
Treasury. socuri~y with a ma~ri~y ctose~ ~o the Mamrit~ Dale as reported by lhe Wall
Slxe~ Journal (or other published source) on the ~ r~ ~ Rate of lids No~ w~ ~et
("Lock In Daxe"), _olus (ii) ~ corresponding swap spread of Bank ou the Lock Ia Da~ for
a fixed rate payor to pay Bank the fixed rate side of' au ~ rate swap ofri~ maim-ily,
_olus (iii) .25%.
B = A raxe per annum ~qual to the sum of (i) ~ bond equivalent yield (bid side) of the U.S.
Treasury socuri~, with a rnamri~ closes~ ~o tIw 1Vlalurity Dat~ as reported by th~ Wall
Street loumal (or c~wr published sourer) on the Brink Dale, _olus (ii) ~he correspo~in..o
swap spread thai Bank d~nnines anc~her swap dealer would quor~ ~o Bank on the 13~ak
Date for paying to Bank- ~ fixed ra~ side of an in, rest rate swap of fl~ maturity.
C = The smu of the products of (i) each Ai~ Principal Amour~ for each ~ Principai
Period, ~-nes (ii) the number of days in that Affected Principal Period divided by 360,
"~J~ected Principal Amount" for an Affecr~ Principal Period is the, prinzi~ amount of this No~ sclmdul~
~o be ~di,~g during fi,ax Aff_,y~__ed Prindpal Period determined as ofth~ relevam Break
Da~e before giving effect to the Break Event on that Break Date, and for any prepalamml,
multiplying each such principal amount limes the Prepa~ Fraction.
"Affected Princ-ipal Period" f~ each period from and including a Scheduled Due Da~ ~o but
excluding the nex~ ~ Scheduled Due Date, provided that ~ firs~ such period shall begin
on and inciud~ the Break Dale.
"LIBOR Break~ge~ is any addilional loss, cost or expense li~ Bank may incur ~ respec$ i~ m~y
hedge for the fixed rate of this Not~ based on the difference beWeen the London interbank offered
ra~e (for U.S. dollar deposits of the relevam maturity) available in ~ London hr, zrbank mart~ aX
the begir~i-g of' tho interest period in which the Break Date occurs and tha~ which is available in
0mt mark~ on ube Break Date.
"Maturity Date" is the date on which the final payment of principal of this Nc~ would, but for any
Break Event, have become due.
"Prepayment Fra~tfo~" is a fraction equal to r~ principal amount being prepaid over the prinoipa]
amount of ~ Note outstandin~ immedia~ly prior m ~ prepaymen~ on the Break Date.
MPY ~ 1999 11:~8 ~'R -~C CR~IT A~M ~1 838 ~5~
AMERICAN GOVERNMENT
CERTIFICATES & FUNDS CORP.
May 27, 1999
Mr. Christopher J. Brown
Delray Beach Community Redevelopment Agency
24 North Swinton Avenue
Delray Beach, Florida 33444
Dear Mr. Brown:
American Government Certificates & Funds Corp. has reviewed the response to the Request
for Proposal of May 17, 1999 te fund $3,700,000 tax-exempt and a $1,000,000 taxable debt
of the Agency and the subsequent May 27~h proposal both submitted by NationsBank. It is
our recommendation that the Agency accept the May 27th offer which proposes a fixed rate of
4.80% for the proposed 1999A tax exempt loan and a reduction from 5.18% on the
outstanding 1997A tax-exempt to 4.80% fixed rate. We also recommend that the Agency
accept the offer of NationsBank to fund the 1999B taxable loan at a fixed rate of 6.70% and
amend the terms of the 1997B taxable loan to provide for a fixed rate of 6.70% in lieu of the
current variable rate note which is adjustable at the 82% of the NationsBank prime rate. The
net savings of the transaction, assuming a variable rate of 6.7% on the 1997B taxable loan,
are $185,959.83. These savings axe achieved in the reduction from 5.18% to 4.80% in the
outstanding 1997A tax-exempt loan.
The concession which the Agency is asked to make is the "Breakage Fee" which the
NationsBank would impose upon acceleration or prepaymem. The formula for the breakage
fee is complicated and contains several variables which are used on the date of actual
calculation. We are of the opinion that the chances of the Agency's early repayment of the
tax-exempt portion would be exm'emely small given the favorable rate now proposed. The
taxable loan could be the subject of repayment but its relatively small size and fixed rather
than variable rate serve to diminish that possibility. Therefore, we feel that this is not a major
concession.
American Government Certificates & Funds recommend the acceptance of the NationsBank
proposal of May 27, 1999.
Vice President
cdb/th
Attachments
MAiN OFFICE: FINANCIAL ADVISORY OFFIC
999 Ponce de Leon Boulevard, Suite 30 319 Clematis Street. Suite 8~-.
Coral Gables, Florida 33t34 West P~lm Bear. h, Flo6da 39401
Phone: (305) 445-2030 Phone:. (561) 832-2559
Fas: (305) 448-0655 F-ax: (561) 832-5452
Member NASD, MSRB, SIPC
RAY _RE..J~H CC :. _"_ .'J N ~TY I~l=nl :'VELC~'~'T .4 GENCY
SER~ 1993B i ~ 1997Ai ;~l~r~::;~ 1997~ ! $~=_~_~$1999A ~J=~_m_$
$3so.o~ I Ss.o'~s,ooo I $1,~,~ ~,7~,~ ~1,~.~
EN~ ~ ~EN~ ~ ~15i ~ ~ ~16 ~ ~ ~9 ~ ~ ~14
~ 5.71% 5.18% ~% OF PRIME ~A ~A
~O~ ~7~ ~A ~A N/A 4.60% 6.70%
I
P~O~ ~ N/A ~ 4.80% 6.70% 4.80% 6.70%
~,'.. ',.: ~ ~:R;:~,,~ :O','£RN~iENT CERT AND fun No.6700 P. 3/I0
Community
Redevelopment
· Agency
Delray Beach
DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY
FIVE YEAR BUDGET PROJECTIONS
FY 1999 THROUGH FY 2003
ASSUME A FOUR MILLION SEVEN HUNDRED THOUSAND DOLLAR BOND ISSUE
June 10, 1999
Prepared by Christine Caron
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276~8640 / Fax (561) 276-8558
8OURCE OF
Tax Incmmm~ Fu~
City 815.g04 842.183 g28.0~5 1.017.014 1.109.045 1.204.297 5.100.~3
County , 404~737 5~0.643 617,834 677,C]28 738,293 801,703 3,385,501
Subl=~: TIFs 1 1,020.641 1,402.826 1,545.929 1,894,042 1,847,338 2.C)06.000 8,4~6, t34
Peach Urrt~lla Plaz~ Re~n~lOlX/l.~ 13 200,IX)O 0 4,15,0lX) 0 0 0 445,000
Weet ~ A~nue Parking 14 0 0 0 0 0 0 0
Wear AItA~¢ A~nue Rede~lolxm~ t5 55,000 55.000 734.500 385,000 710,000 0 1.894,500
~ Mixid Uae 17 160,000 180,(X)0 0 0 O 0 180,000
8kx~ 78 0 0 O
$o~Xh County ~ 0 0 0 0 400,000 0 40O.000
Ncxlh Fec~.i 14gt~eay O 0 O 0 0 86,000 85,000
BIoc~ 6~. Pmldng 24 78,00O 30,000 0 0 0
Ralmeur~m,,~. F.~jem 0
Bank~ Row 5 ~.lee Zs4e Zs4e Z7~ Z~ 2.973 l~.a~
we~t A,ar~ n~ue Rec~. Granm and Omar lS 124.3~0 2~?.S00 ~3a.~30 .~.13e ~.000 0 1.470.S3~
Str~ Imm~m~ R~xx~mm~ 7 0 2~8,m0 r~.ooo so,om so,mo ~o. ooo 4~8,e00
Rn~aplx~ Gro~ &%~-.~ Center & Oth~ Grant 0 50.000 62.~0 12,500
E.~ _~_~. Coumy Caurlflcxz~ 0 0 0 0 0 0
Block 60: ~iatoflc ~ 48,537 49.537 12,281 200,000 0 0 261.818
Bkx~ 8~. Pad,rig 0 0 0 0 0 0 0
The Career fer Ec~x~ Dev. Bldg.. Grml 15 0 0 1,700,000 0 0 0 1,TXX),000
Bloctc 76 Pattdng - In Lieu Paddng Fee~ 18 25,000 30.000 0 0 0
PROCEEDS FROM BORROWING: TAX EXEMPT 2 3.7~0,000 0 0 0 0 3,700.000
PROCEEDS FROM BORROWING: TAXABLE 2 1,000,000 0 0 0 0 1,000,000
BOI~O ~ ~ERVICE 2 564,715 818,211 832,348 894,675 889,900 1,039,645 4.274,778
0
Opem~ng Reaerve 27 5O,000 50,000 0 0 0 0 50.000
lt~mnce Corn 45.00O 0 - 0 0 0
Sublelal De~ 8en/4oe 614.715 713.211 832.348 894.675 88g.g~0 1.03~.645 4.38~.778
8anka~ Row 5 0 0 0 0 0 0 . 0
Muricipll TIinll ~ ~ 48.537 4g.537 48.537 4~.537 4g.537 4~.537 247.685
Al~y/~ Impr. 7 ~,(X30 31~,~30 100,000 100,000 100,0~0 100,000 71~,8~)
Facade Program IO 100,000 25,000 25,0~0 0 0 0
S#e ~ A,~tance 15.000 0 0 0 0
~ .41clMtlea 12 5.0130 5.000 5.000 5.000 5.000 5.000 25.000
Peach Umlx~la Plaz~ Recle~k~ 13 e.15.000 240.5(X) 0 0 0 0 240.5130
Weel A.tla.lic A'v~'x~ Plldng 14 0 0 0 0 0 0 0
Were Attanac A~nue Recle~ic~xn~ 15 1.357.500 1.3'ta.31g 4.479.182 1.249.727 207.5~4 1130.652 7.355.4.24
A~xde/Me Housing 18 182.140 283,465 284.e83 285,962 287,306 286,716 1,430,132
Downlown MixEd Uee: Redewlopnlflt 17 5,000 25.000 0 0 0 0 28,0C~
Block 78: F~ 18 110,000 260,000 30,000 0 0 0 290,500
~ 78: ~ 0 0 0 0 0 0 0
Sou~h County Counhcx~: ~ ~9 0 0 ~0.000 6~.500 0 0 660.000
South Coumy Ccxxtlxx~se: Ranchman 0 28.050 0 0 0 0 26,(X)0
No~ FeclerM I.,Ighway 21 ~0.CX~0 10.{XX) 40.500 0 0 85,00O 135.CXX)
MMW PMtdng Rogr~n 22 0 0 o 0 0 0
[:~r,y eMch ?~k¥ Sy, Wn 0 O 0 0 0 0
Bu~IM~ Oewiolx~ Pmg~lm 23 0 0 0 0 0 0
Bk~ck 50 Pl~Jng & ~lnd Acc~MUon 24 0 0 0 0 0 0 0
Bk~k eo Oev~ 0 0 0 0 0 0 0
Block 50 I-ietMic Hon16 0 0 0 0 0 0 0
Sulxoml F~ Expemes 2.750.177 ~2~.1~6 6,671.~5 2.63e.65~ e22.974 Mg~e0 14.332.e~T
SMMies 224,846 236,143 247,960 280,348 273,365 287,(~3 1,504,838
BemlM,,: [:)den'ed C(xTtperdM~ 9,5;i2 13,06~ 13,718 14.404 15,124 15,881 72,192
CoMln~ces, ,Semina~ 1,5430 2,5C0 2.625 2.756 2.894 3.039 13,814
Du.~, F~ & Su~ 1,575 1,700 1,785 1,874 1.968 2.086 9.3B4
~ & Tr~l 6.180 7,500 7,875 8,269 6,682 9,116 41,442
Ir~umr~e: I.~.Rh 6,6~2 9,116 9.572 10.050 10.553 11.081 50.372
~her 9,(X)O 15,(XX) 15,750 16,538 17,364 18.233 82,8M,
~ & ReMits, ~_~__-~ty 5,150 5,715 6,001 6,301 6,616 6,947 31,579
(:XI~: Equipm~ & Fun~tum 2~550 5,050 3,CXX) 3,(XX) 3.000 3.CXX) 17.000
~ HcxJ.~s & PM'King Lo4 CAM 26 14,0C)0 13,347 12.639 12.(XX) 12,CXX) 12.500 61,~86
P(of Feel: Aucit, ~ 10,(XX) 11,(XX) 11,550 12,128 12.734 13,371 60,782
LeSWI 9,000 15,050 15,750 16,538 17,364 18,233 82,884
Grmls 6,000 $,50O SA00 5,CX~0 5,050 5.050 28,(XX)
CXhe~ ConmJWng 5,500 3,0O0 3,500 3.000 3,0C0 3,O50 16,QC0
Trlining 0 1,050 1,000 1.0C]0 1.0{X) 1,050 5,CX)0
~ ReIMM~'= 1,000 1,0C]0 1 ,(XX) 1.050 1.050 1.000 5,QOC)
R&'t S~Ne ~ 0 72O 756 0 0 0 1,476
Ren~: Equipment 6,373 6,373 8/)'92 9,231 9,503 10,177 46,266
Tm: ~ 17,ge8 18,891 19,836 2~.828 21,889 22,963 104,~87
Telephone & UIMMs 12,500 10,0C0 10,500 11,Q28 11,578 12,155 M,286
Sub~c~il General & AdlTiriMml~ 360.386 3{13,720 40e.2S6 426.979 447,053 468.131 2,14~,146
TOTALAPPUCATIONOFFUN04 3,T70,Se3 4,371,441 ?,Nt,2~ 4,M7,,101 2,383,71i 2,4elA.17 Zt3S2,200
SUBTOTAL FUNO SOURCES IN EXCEl8 OF AptlqJCATIONS (1,846,851) 3,017.,1~ (2.89Q.325) (903,571) t,M7,,121 (32,898) T'~,121
PROJ. ATYE
Leis Ix/tcI ~ (928,830) (3,976,479) (390~074) 0 0 0
TOTAL NET OPB~lIN~ FUNDS 407,3M 377,1M 1,0T3,Z3~ M~ T~ ~ fO?, IM ~,074,280
P~ Z
Dekay I~each, Florida
R~developme~t As~n~ ~nds, ~ I ~ ~
DEBT .SERVICE SCHEDULE
Delray Beach, Florida
~ommtzrtily'Rgc:lg~eJopmgl,gAg~n¢.~ Bonds
DEBT SERVIC£ SCHEDUL£
Da~ Pri~¥il Coupon I~tel'est ' Total P~!
9f01/I999 45,~.6t 4~.67
9/01/2~S 1~,~ 4~ I~440~ ' 323~440.~
9/01/2~7 17S~.00
9/01/Z~ 19S~,~ 4~% IS0~Z0,~ . ~IS~Zo.~ .
9/01/2010 2~,~.~ 43~ 120~.~ 320~.~
9/01/201 ~ Zl 0~.~
9/01/~1 Z 2~0~.~ 4.8~ 101 ~80.~ 321 ~0,~
: 9/01IZOl~
9/0~/20I 4 ~4~0.~
) 9/01/2017 ~,~,~. 43~ '.' 42,4~.~ . ..... 3~.~ ' ' '
3en~ Y~. ~..,,,i ....................................................... ~ ........... ~ ......................................... 149 4.~.72 * ..
A~ ~...: ......... ~ ................................. ' 13,~ y~
i~e ~12 .............................................. L ............................................................. :... 4~ .' ' ·
~ ~mC~ ~lO..:...'..: .................................................................. : ..................... L..L..'.. i'~o~~'' "' *'
T~ ~ ~ ~ ............... ~ ........................................................................ : ......... ~ .... 4~74~3% .:
· '~ ',~ ,' .......... ~~`~.~:`.:~:~;~.~:-~.:~.~:~:L~:.`::~::.~.~.~:~:~-..~.:~.~:.~:~: "~-"; .... .:" '." "'"' :"".:.~ '
~ 1~ ~ ~ ................. :;..~ .................................................... ~ ............................. 4.~ ~.
l~ ~ ~8 ' . .. '
~a I~m ~...' .................................................................................................... :__: ............... ~' ' ' '
w~ Aw~ ~ ................. ~ .................................................................... :... ' 1 ~.~ ~o yw~ .
D¢lray Bc~ch, Florida
CommuM~y Re~v~lopme. nt
$I,000,000 7~e, ~d~
DEBT $~RVICE SCHEDULE
8088
TOTAL DEBT $I~RVIC£
DATE DF_.I2AYCRA99A DELRAYCRA99B DELRAYCRA97A DELRAYCRAg~ DELRAYCRA93B TOTAL
9/01/I~93 11,420,00 I 1A~O. O0
9/0{./1994
9/01/195~ ~ 2,0,F~,O.O0 120,680.00
9/0~/I~9~ ~ 141~97.$0
9/0III999 43,906.67 16,$¢$,~9 ~'88 ~720.00 74,03~.00 194~85.00 618~10.$6
9/01/2C00 1 ??~600.00 107,000.00 Z8~,720.00 ?4,055.00 18.4,99Z.50
9/01/!001 ! ?7,6O0.00 I09,3g0,00. ~,~?gO.O0 74~035.00 $94,$?$.00
9/0 ~/200,2 ! ??~600.00 106,,,~05.03 $$1~60.~0 74~0~5.00 88~,900.00
9/0I/~005 $25,44*0.00 I06,$90.00 ~6~,Mo. O0 ?4,oa~.oo
9/01/2006 ~.Z$~760,00 107,90~,.00 $66~80.00 7~$$.00 -' l .O?~,~J~O,O0
9/0~/2007 3~Z,600.00 10~,M, 5,00 614,720,00 74,035.00 1,120,2~0.00.
9;01/2.005 $24,200.00 t09,650.00 .616,04,0.00 74,0~,9.00
9/01/2009 ~29,~20.00 109,A40.00 6i 4,400.00 74~$t.00 .1,!2~59~.00
9101/P,O 10 320,9Pm0.00 104,~ 15.00 617~00,00 74,08,5.00 1,117,610.00
9/01/20 ! I ~2 ! ,3~.00 109,790.00 F,.4 Sb~o0.o0 74,05,~ .00 1, I ~0~I { $ .00
~/0!/:'01Z $21 ,,280.00 109~09~.00 649,~00.00 74,05.~.00 1,1 ~4,210,00
9/0112014 $24d140 00 i06~?00.00 650,320.00 74~055.00
m/ol/2o i S $~Z,$SO,(X> 24 {,OlO,C~ 494,0{S.00 I
S/O~/ZCl ? ~22~4S0,00
9/Ot/~O~ ~24~:~40,00 . {24,040.00
9/0",./~'019 $24,8~,0.00
PAR AIVIOUNT$ O1~ SEIZCI~D I$$UF, S
DELI~Y¢iU~,99B .......................................................................................................................
DgI,I~YCR, i,9~B ...................................................................................................................~oo~;x)o.oo
· IoTa ................................................. : ............................................................ '. ...................
DELRAY ~EACH CXXIMUMIY ~ENT AGENCY ~ ~
NOTES TO BUOGET
FYI~ FYt~ FY~ FYi01 FY Z002 FY~0~
ACTUAL BUDGET BUDGET BUDGLrT BUIX~T BUDGET
1. T.xk.,ctemeNFu~l~tml~K~Onthefoilowi~g pmllmin&'yf, gt~e~(cl~)
Tax~)ie VJu~ - Final V~ 338,086,824 373,924,~8 387,011,349 400,557,367 414,576,875 429,087,08~
CRA1985BIleYIarTax~IeVIWe (245,831,(~/) (245,831,087) (245,831,087} (245,831,087} (245,831,087) (245,831,087)
Tax ~:mment 92.455,75'7 128~83,521 141,380,882 134,92~,300 1~,945,808 183,455,9~
· 98% 87,832,~ 121,878,845 134,311,838 147,179,985 100,498,$17 174283,198
CIt/ 6,910 TFS: ~10,4~ 342.183 ~2~,095 1,017,014 1,109,045 1.204,297
County 4.800 TF~: 404.032 583.&¢3 617.834 B77.028 7~.293 8~1.703
Tolal: 1,014,471 t,4~2,826 1,545,929 1,094,042 1,847,338 2,006,000
% ~: 38.28~ 1020% 9.5~& 9.06% 8.59~
11...~X~tdiz~ Lo~n Program:
12. C~m~ A~:
]3. P~ U~
14. W. A~A~. P~:
No~ p~~ ~fl~.
~. W~ ~ R~m~
~m~ R~ ~ ~ P~ ~, ~A ~ CDBG.
1~. ~
~R~~~C~D~
17. D~ ~ Urn:
~0~ ~ ~ M F~ Y~ 1~.
19. ~ C~ C~
~m~ ~ ~ ~ ~ C~ ~ ~ ~M p~ ~ ~ W. A~ A~.
~. N~ ~&~
~~ ~D~ DA~ ~~ W.~D~
21. N~ F~
DELRAY BEACH COMMUNITY REDEYJEI.,Q~IENT AGENCY
NOTES TO BIJOGET
Ply I:q'cne R~ 3.C)~ 3.CXX) 3.CXX) 750 0
Pm~dy Rer~l I ~.~ ~.~ ~.015 ~3,~ 0
K~. ~~&~ ~. 2 5,247 11.~ ~ ~,~7 ~.~
~ Tm( RMmburJm'nl~ 4 4,622 4,761 4,e03 1 ~ 0
I:~n~ing L~ CAkl R~ 0 0 0 0 0
~ T~(~ S 4,047 4,124 4248 1,062 0
Iflll~elt 140 140 140 O Q
TOTAL REVENUES 77.636 76.005 121.896 64.529
PROI:~cRTY ~
~ o o o o o
Bid Ddt, Edc~n ~ 0 0 0 0 0
Insurance 5,CXX) 5,~40 8.487 8.742 ~,004
Makllenenoe. Repeim & Tra,h 15,000 12,380 12.731 13.113 13.508
Misc:.,Eme=~ 7 100 100 1OD 100 100
T~: I~ 8 10,500 10,81 $ 11.138 0 0
~ 4.047 4.124 4.248 1.082 0
~ 12,000 0 0 0 0
Perl~ Lol bl,intenenc~ 9 11.875 12,231 12,588 12,976 13.385
TOTAL EXPENSES 62,022 48.371 105,900 ~3.791 WI,SQ2
TOTAL REVENUES IN EXCESS OF EXPENSES lS,S'14 ~/',S~ li,,W/ ~t.~l) (4i.~)
DELRAY BEACH C~IIIUNII'Y REOEVELOIqlENT AGENCY
NOTES TO BUDGET
NOTE 1_1~. PROlaERTY ACCOUNT REVENUES
FY 1fit FY 2eeo FY 200t FY
FOOTNOTES BUDGET BUDGET BIJJ~E.T_ BUDGET BUDGET
&. Peech ~ Refl~ 1,850 0 0 0 0
b. O~ AMo PMtl (3,440 ih 30,100 31,~05 32,553 8,138 0
c K~kSt~ Stol) Mine (~3M ~ 20,230 20,83? 21,M2 S,386 0
0 0 0 0 0
d. Weltilde Liquor Stem 2,400 0 0 0 0
e. 3~0 W. AMnlic X~ Block Ai~. 3.000 0 0 0 0
t TED CetW Reit 0 0 0
TOTAL ANMJAL RENTAL iNCOME ~7,~0 S2,M2 ~4,915 13,S04 0
z c.)w ~ ~ md (:Xh~ Bdcln~ T~xr~
I. KMk~c~) ~ leel4 (2,344 ih 6,866 10,116 10,419 2,e05 O
b. OthM (1,267 ih 0 O 0 0 0
c. D~ Auto W mindwrW) 1,381 1,422 1,465 366 O
d. KMkSm; Stop MM (3,MO) 0 0 0 0 0
e. TED Cexet CAM 43,7~6 45,018 46,386
SubaXll: Builcing Teelinla 8,247 11,538 56,5~0 47,98? 46,3M
· 8kx:k 26 (NVV 51h) 0 0 0 0 0
b. Block 29 (S1N 4et) 0 0 0 0 0
e. I~iock 76 0 0 0 0 0 -
f. Fubzl LoM 0 0 0 0 0
SubaXa~. Pmdng I. zX~ 0 0 0 0 0
TOTAL ~ CAM RF..JMBt. JR~MENT 8,247 11,538 5~,5~) 47,987 46,366
4. F~ Ta~ RMrnburMme~ ia from the Idlo~ng:
Di~ Auto ~ 4,622 4,761 4,903 1,228 0
KwikSto~: Induded in CAM 0 0 0 0 0
TOTAL. AM~LJAL PROPERTY TAX RELIABIJ~E~fl~ 4,622 4,761 4,803 1,226 0
5. SaM TI~ R~ t~ from the fc4ovd~
WmMcle Liquor Stow 144 0 0 0 0
300 W. AtEmdc Aw. ~loc* Ap(s. 0 0 0 0 0
Dscounl AMO PMtJ 2.1e6 2,267 2,335 ~84 0
Kv~kStop Sto~ 1,626 1,85T 1,913 478 0
peech IJflt~ I=~N3Mty 111 0 0 0 0
TOTAJ. A~)d. SAJ.ES TAX ~;JMBU~SEMENT 4,047 4,124 4,248 1,0e2 0
I Pmpm~y&511m I:,m~dytiKbmlmiClbytmmn~mmmmm:tdlm:qN~imdBdmc~ciCAM~dxnem~ 81Mellleill~ill~k)be~dllclldl~l~l~iClon
?~c d c:ammm~ im~4m.
9. Pltdn~c~MminL: C(mm~nmmmmMnilm~cMm~mmbmmpl~kkl~k~i~immbmcMdScMddml~e~qdm.
DELRAY BEACH CO~tlUNITY REDEVEL(](qlENT A~ENCY I~ee 10
NOTE8 TO BUDGET
FY 1~9 FY 2000 FY 2001 FY ~02 FY
NOTE ~_} - PARKING LOT aSAINTENANCE BUDGET ~ BUDGET BUDGET BUDGET
1. Block 28 (NW ~) Condo ,pnc:~ 0 0 0 0 0
2. BloCk 29 (SW 4ttt) Mu~dl~l k~ 0 0 0 0 0
3. Black 76 Munidl~ k;t 0 0 0 0 0
4. Futura Lots (3 Ires ~ 23 sf~m ms:~) C.~do spncm 0 0 0 0 0
TOTAL REVENUE $~ ~ $0 $0
1. Bkx:k 28 (NW .qb) 22 .ptu::xm (4 mogRl~) 0 0 0 0 0
2. BIoctt 29 (SW ,th) 23 qx,=e. 2.6'75 2.'76~ 2,838 2,923 3,O11
3. ~ 7~ 131 ~ 9,200 9,476 9,780 10,053 10,355
4. Futura I.~a (3 Jat~ O 23 alamcxm erich) 0 0 0 0 0
TOTAL EXPEI~E$ $t1,176 S12,231 $12,~ 512,~7~ $13,366
TOTAl. REVENUE IN EXCESS OF EXPENSES ($11,~76) ($12,231) {$t2,898)
PROJECT COSTS OLD ~CHOOL ~QUARE. THEATRE ~ 11
De~kq~.~nt Co~t~ 06~
fTEU FY 1999 FY 29O0 ~ FY 2062
A. Th~
PROJECT CO8T8 BANKEI~ ROW. PARKING · 811~EET IEII~OYEIEENT~ PAGE 12
A. Revenue
1. Remdx~lmm~nt ~ C~ el Delmy B~
2. Reifftbursern~t fram Re~lent~ 2.~4g 2,549 2,761 2,973 2.973
TOTAl. REVENUE ..~'~,549 . $2.549 .~ ~r~.,761 $2,973 ~;2,973
TOTAL EXPENSES ~tl:). . ~ . ~ . . ~ ~
TOTAL. REVENUES IN EXCESS OF EXPENSES 2,549 2,549 2,761 2,973 2,973
PROJECT COSTS MUNICIPAL TENNIS CENTER PAGE 13
Oevdowne~ Co~t~
· . P~nn~ Corn mci Le~
B. F)Wnw~ to City d D~lmy Beech 4~,537 4e,S37 49,537 41).S,~' 49,S37
TOTAL EXPENSES ....... ~r,49,537 ~.49,$37 ~r,49,837 ~49,537 ~.49,537
TcilcWlmcx,iMS481,0000 5.72% k3r 14 yM~ luid Nmi4nnudlyinequdln~Mmenls, PiymentilequM~C#yplyment~oCRAforpurcttMedW
I"k;uM
I~l:xJ~'r ~ DO~I~'~IIM 00~ II~ROV~I~: ~ JO#~ V~(TUI~ & ~ GllOV~ PAGE 14
~StlGt~
TOTAL ExP~qsE:8 ~52%6'"~ $1,012,,433 8223,026 ~213,0ee $100,656
TOTAL REVENUE~IN EXCIm8 CM' EXPENSES (ael,o?s) (#o. ,ect~ (let.4;e) (le3.oee) (14~,e66)
PROJECT CO~T$ CRA SUBSIDIZED LO~N PROGRA~ PAGE t~
06/10/99
A. Int~r~t ~___,~. & Adminis~atlon Fee 85,000 75,000 75,000 75,000 75,000
B. Lolln lo 8ul~eM ~ Fund 25,000 25,000 25,000 25,000
I~OJECT COSTS CO~I~U#ITY ACTIVITIES PAGE 16
5. Peech Umbrella Plaza ~
7. Rac~ Fmliv~l
g. T.E.D. Center
10. Ki~ni~ Club
11. ~~~-~&~~
12.
13. ~
14. ~ ~ (~ ~ ~ E~)
~,~ S~.~ ~,~ ~,~ ~,~
PROJECT COSTS PEACH UMBRELLA ~ I - REDEVELOPMENT PAGE 17
Development C4ms 06/10~9g
ITEM FY 1999 FY 21~0 FY 2001 FY 2002 FY 2003
A. Rev~nue~
1. Land Sa~es
b. ~oc~c 2~ I:~ 0 445,00Q
TOTAL REVENUES ~,0 ~445,000 ~3 $0 ~
b. Bk)ck 28 Propelllel 240,500
c. SW 51~ Avenue
TOTAL EXPENSES $240,500 ~0 $0 ~tO ~
TOTAL REVENUES IN EXCESS OF EXPENSES ($240,500) $445,000 $0 $0 $0
PROJECT COSTS WEST ATLANTIC AVENUE PARKING PAGE 18
Oeveic~ment C~
1. Plddng Lot C~ntr~ou~xm: Checkem
2. PJldng Spac~ ealee ~ $4,000 per I(~ce 0 0 0 0 0
0 0 0 0 0
TOTAL REVENUES ~) ~O ~ ~) ~0
EXPENSES
1. W. A~nt~ Pmpeny
2. A~x~m, Survey, Pm~ng, ~ Aue~
Sut~ Lind ~0 ~0 ~0 SO ~0
c. Pm~ t~x Oevee~m~
~. r~ure ~ (~ ~oee ~er k~ 0 0 0 0 0
TOTAL EXPENSES ~ ~0 ~ ~,0 $0
TOT.,U. REVENUES IN EXCESS OF EXPENSES {,0 $0 $0 ~0 $0
I~'OJECT CO~T$ ~IIE~T ATLANTIC REOEVELOPIIENT PAGE
4. ISTEA 434,13~ 500,000
~. CDO~ 50,000
1. ~ 13 30.IXX)
3. O~er ~ 0 0 305,O00 710,000
SolXo~l Th~ Cent' for Eoon. I:~. 8adO. 0 1,700,000 0 0 0
TOTAL REVENUES
1. Pmlemioni Fee= 10,000 10,000 10,000 10,000 10,000
a. CRA ~ 3.125
2. S~'~ Memo~ Ch,~ (Gram) 2S,OOO
· CRA ~ 6,250
3. ~ Gran.~ (Gra.l) 0 50,000
aL ~ MatCh 12,600
& ~ MMc:h 207,100 ~6,000
5. ISTEA 034,136
& CRA ~ 119,705
· , CRA klatch 12,600
7. 80.~ H.u.~
8. Bac~'tmm (t3rall~)
· CRA ~
c.
1. ~ 13 142.~00
~ Adn~i~x (12 ~ ~ ~,) 11.~44 12.~2t 12.727 1~.3~4 14.0~2
2~ ~ ~ ~0.000 0 0 0 0
~ Ecx~ D~. Bldg. ~0.000 1,700.000 0 0 0
TOTAL REVTE~4..,~_~ IN EXCF.~ OF ID4]=IEN~S (976,e19) (1,9(36,762) ('3~5,601) 1,067,43~ (100,6~2)
1.
& I. Iou~ng F'manc~ Authority 150,000 150,000 150.000 150,000 150,000
b. TKx DMCl Acqut~kxl 0 0 0 0 0
c. Hom~ 0 0 0 o 0
· UblMM ~ $160.000 $170,000 $170,(XX) $170,000 $170,000
2. GrM~
I. HTF - Impect F~ 0 0 0 0 0
b. HTF- bol~ 0 0 0 0
c HTF- Itam~ 0 0 0 0 0
d. OthM Admini~tl~ 0 0 0 0 0
~. Title Senrch 0 0 0 0 O
b. ~ Bodng~ 3,000 3,000 3,000 3,000 3,000
c. Sur~ 3,900 3,900 3,,900 $,900 3,900
d. S;o.~,~ ~ ~ 0 0 0 0 0
e. Grtt~ Gete ~ 1,000 0 0 0 0
TOTAL REVENUES $167,900 $176,900 $178,900 $176,900 $176,900
ii.
~. UX~ T~x ~ ncc~.~ 0 0 0 0 0
3. ~ 0 0 0 0 0
4. CRA LMs (2 I~ ~ $10,000 Mch) 20,000 20,000 20,000 20,000 20,000
SuMc~ ACclui~ion $170,000 $170,000 $170,000 $170,000 $170,000
C. RMMed Fee~
b. T'~e ~erc~ ({11 $~7~J 0 0 0 0 0
d. Leg~ ~0,O00 ~0,000 ~0,000 10,000 ~0,0~0
g. ~ F~ 2,~0 2,~0 2,5~0 2AOo 2,~0
~. IX~X ~n~ce (W~mt ~,W ~%) 4A00 4,~0 4,500 4A00 4A00
~. I:~m~ Tm 0 0 0 0 0
1. Grlfltn Gate $1,000 $1,000 $1,000 $1,000 $1,000
TOTAL EXPENSES ~83,46~ ~2~4,M3 ~285,962 12117~308 S288,716
TOTAL REVENUES IN EXCESS OF EXPENSES (t15,M5) (10T,7~3) (10g,062) (t 10,406) (111,816)
1. GwsOe Csrld S~Je 0 0 0
TOTAL REVENUES
2. RTC, LOll 8 & g
3. Ctaig~ F~ ~ 200,000
4.
c.
1. Phlae I (131110ece~)
2. DemolitiOn
3. Phale N (10 Ifmc~) 30,000
4. Pfm~ m (10 ~,lc~) 30, C)00
~. Ph~le IV (23 lpac.~)
D.
1. ~ Loin: Rel3lymmt 2.5,000 0 0 0
TOT.N. EXJ:)E~SE$ $2~0,000 $30~000 ~ $0 SC)
TOTAL RE~NUE$ lid EXCESS OF EXPENSES ($23~,(X)0)
z ~~~
TOTAL REVENUE ~KI ~ ~,0 ~ ~
a. EJqxme.
1. Crlge F~ ~
TOTAL EXI~ $0
TOTAL REVENUES IN EXCESS OF EXPENSES $0
PROJECT COSTS DOWNTOWN MIXED USE - REDEV'r. LOPMENT PAGE 22
Land Ar, qutl#ton & 8llel 06/10/99
bo I:)m Propel~
c. Ind.l:~t I.~ Property
d. Sho~ Building
e. VFW Buitding
Sul~olal Sala~ S180,000 $0 S0 S0 $0
TOTAL REVENUES $180,000 ~0 ~0 $0 ~0
1. Blo~ 77 & Block 78
2. Bkx=k 7~, I..oli 14 & 15
3. City Pml~ly
4. Dm Pmemy (Sk~ck es)
5. Indel~nd~tl.~Pmperty (2parcala-Bloc~85)
e. Stx3d au#d~g (ak~ 85)
7. VFW Builcting (Blcx~ 85)
8. Appraisal, Survey, Planning, Legal, Maint~ance 25,000 0
TOTAL EXPENSES ~.S.O00 ~ ~d3 ~ ~0
TOTAL REVENUES IN EXCESS OF EXPENSES $155,000 $0 $0 $0 S0
PROJECT COSTS ~OUT'H COUNTY COURTH(XJSE - EX]I'~mN~ION,Iq:ENOVATION PAGE 23
1. Rllrnlxlmen'm~ from ~ for D~molil~
2. P.4x~fllet~ Cent~' 200,000
3. Dilcount Auto Store 200,000
TOTAL ~S ~ ~ ~ ~.~
4. ~~
~. ~, ~. L~ ~0,~ ~,~
TOTAL EXPENSE~ ~25.000 ~10,000 ._~0__,000 ~,0 ~ ·
TOTAL. REVENUES IN EXCESS OF EXPEN~;$ (25,000) (10,000) (660,0(X)) 400,000 0
COSTS 14EIC3HBCR~IC)GO PL.NiNING & BF.,NJIIFICATIQf4 PAGE 24
0e/10~9
1. D¢d Ida Park B~autlflcation
2. Ooeola ~ 6,000
3.
4. NE 3rd. A~mlue
5. Weet Selll~'a District 2,600
8. Other
Subtotal Projects $7,500 ~,000 $5,000 $5,000 $6,000
B. City Planner $10,000 $0 ~0 ~0 S0
PROJECT CO81~ NORTH FEDERAL HIGHWAY REDEVELOPIIENT PAGE
1. N.E. 14ih Street
TOTAL REVENUES ~r~o ~ ~o ~ ~5,000
Repay C~¥
TOTAL EXPENSES $10.000
TOTAL REVENUES IN EXCESS OF EXPENSES ($10,000) ($40,000)
I~OJECT COSTS BLOCK M - PA~KING PAGE
~ A~lUi~#to..nd I~nt
1. P~king ,Space ~lm ~ $~,000 pet If~Ce 78,000 30,000 0 0 0
2. Slle C~ LO~ g
3. f~ RenWI Income ~ Lov~ A~rEmen~
TOTAL REVENUES .
Land AC~lui~ - Plldng and
1. JFR
2. Evergreen
b. t.~gal
1. .~xa~, Survw, P#mning
2. Leg~,
Su'ot¢~ ~ 0 0 0 0 0
3. ~
4. ~~ 0
~ ~ 0 0 0 0 0
TOT~ ~SES
TOT~ R~NUES
B. Histmtc I-Iome~ ~ 1. Cmltructton
2. Appm~, Su~my,
3. L~g~,
TOTAL EXPENSES .......... ~/0 =~0 .
TOTAL REVENUES IN EXCESS OF EXPENSES $49,537 $12,281 $200,000 $0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~l
SUBJECT: AGENDA ITF/~ # ~ - REGULAR MEETING OF JUNE 15~ 1999
REQUEST TO HOST USLA' S SOUTHEAST REGIONAL LIFEGUARD
CHAMPIONSHIPS AND JUNIOR LIFEGUARD REGIONAL
CHAMPIONSHIPS
DATE: JUNE 9, 1999
We have received a request from the United States Lifesaving
Association to host the USLA's Southeast Regional Lifeguard
Championships on the municipal beach on July 16-17, 1999, as well
as the Junior Lifeguard Regional Championships on July 31, 1999.
Various promotional considerations have been requested by the
sponsor, including the display of banners, streamers and flags on
the beach bearing the sponsor's name (Foster's Brewery) as well
as the use of an inflatable Foster's 10 foot can on the beach and
an event banner on the roof of the pavilion located at A1A and
Atlantic Avenue. Mr. Barcinski has spoken with Mr. Weldon
concerning this request which is just for July 16th and 17th. Mr.
Barcinski recommends that this be treated like the volleyball
tournaments held on the beach and the Joint Venture's request
last January when we allowed the inflatable as a one time
approval for the Art & Jazz on the Avenue. He does not have a
problem with this usage for the two day period.
Additional promotional considerations are outlined in the
memorandum from Mr. Connell, Beach Supervisor. The United States
Lifesaving Association will provide a check to the City in the
amount of $3,520 to assist with costs. It is anticipated this
amount will cover the operating costs involved with the events.
Recommend approval of the USLA's request for Delray Beach to host
the Southeast Regional Lifeguard Championships on July 16-17,
1999, and the Junior Lifeguard Regional Championships on July 31,
1999, on the municipal beach.
Re f: AGMEMO 10. U S LA
OTV DELRfl¥ BEfl£H
DELRA¥ BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 . 561/243-7000
1993
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: S.E. Regional and Junior Lifeguard Championships
DATE: June 4, 1999
Attached please find a memorandum from Ocean Rescue Supervisor, Rich
Connell, requesting that we be allowed to host the Southeast Regional
Lifeguard Championships on July 16 and 17, 1999 and the Junior Lifeguard
Regional Championships on July 31, 1999. Both events we anticipate will
draw over 1,000 participants. As outlined in Mr. Connell's memorandum,
we request permission for the following:
A.) Display banners, streamers and flags on the beach bearing the
sponsor's name (Foster's Brewery).
B.) Exhibit an inflatable Foster's 10' can on the beach and an event
banner on the roof of the pavilion located at A1A and Ocean Boulevard.
Mr. Connell has outlined other promotional considerations on which we
seek approval.
The United States Lifeguard Association's national office will send a
check in the amount of $3,520 to assist with the costs of these events,
including liability insurance. We anticipate this amount should cover
our operating costs.
Please place this on the June 15, 1999 agenda for City Commission
consideration.
Director of Parks and Recreation
Attachment
cc: Rich Connell, Ocean Rescue Supervisor
Ref:hostlgch
THE EFFORT ALWAYS MATTERS
Delray Beach Ocean Rescue
340 South Ocean Blvd. · Delray Beach, Florida 33483 · (561)243-7352 · FAX(561)243-7270
To: Director of Parks and Recreation - Joe Weldon
From: Beach Supervisor - Richard Connell
Subject: Southeast Regional USLA Competition
Date: 1999
The States Lifesaving has as the host site
for the 1999 ~ 1999. Additionally,
we will be hosting 999. Both events
will include over 1,000' ' ' activities and
preliminary discussions
The primary sponsor of the' !~ 17 will be Fosters
Brewery. The representative assigned
to the Southeast Region is Distributing Co., Lake
Worth, Florida. The i~0.00 to assist with the
event after we provide the policy naming
Foster's, Miller Brewing, m-insured. The purchase
of this insurance is still
Mr. Vernet and I have view the
competition area promoting
the event. We
· Displa} flags on the beach, around the perimeter competition
area bearing the Foster's logo.
· Exhibit an inflatable Foster's Can 10' in height on the beach adjacent to the Competition Area.
· Display an event banner on the roof of the pavilion located at Atlantic Ave. and Ocean Blvd.
advertising the event date and time. This banner will also include the Foster's logo.
· Display streamer flags from the pavilion with the Foster's logo.
· Distribute at no charge two hundred promotional shirts beating the Foster's logo.
· Portable canopies for shade from Aldrich Party Rentals for shelter from the elements
· Mist tent (undetermined vendor)
· Rock climbing wall from "Climb On" Inc.
· Use of the public Volleyball Courts (July 16 & 17 only)
ref: C:klVlyDocuments\wwdataXFORMSXSoutheast Regionals 1999.doc
Promotion of the USLA SER Lifeguard Championships will be started one month prior to the
event. Mr. Vernet has purchased four remote broadcasts from WRMF to promote the SE
Regional Lifeguard Competition. With over 150 competitors and their equipment expected on
July 16 & 17t~ and 800 Junior Lifeguards and their parents expected on July 31't, 1999, the
parking requirements for both events will be considerable. The use of Sandoway and Anchor
Park, parking lots will be required to accommodate the continuous coming and going of
participants throughout each day of both events. I recommend parking be handled similarly to the
Bud Light Pro Am Volleyball Series with passes being sold to participants for all day parking.
The city will provide the portable stage and bleachers for spectators. A Public Address system will
be needed and I have received a quote from Mike Corrigan of FLA Sound for $350 per day. I am
waiting to confirm with Steve Vernet whether or not WRMF may provide a PA system for the
Professional Competition July 16 & 17, 1999.
In summary, the purchase of insurance has not been completed, therefore the $3,520 sponsorship
money from the USLA National Office has not been released. The cost of insurance is $1,500
quoted from Rand Insurance of Daytona Beach which has been pre-approved by Risk Manager
Frank Babin.
Richard Connell ~--~'
Beach Supervisor
cc: Assistant Director of Parks and Recreation - Joe Dragon
ref: C:kMyDocuments\wwdata~FORMS~Southeast Regionals 1999.doc
ORDINANCE NO. 20-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 35.098,
"SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS", TO PROVIDE CERTAIN ELIGIBLE MEMBERS AND
THEIR BENEFICIARIES WHO RETIRED UNDER THE GENERAL
EMPLOYEES PENSION PLAN WITH ENHANCED BENEFITS,
INCLUDING AN INCREASED MINIMUM BENEFIT FOR
PARTICIPANTS WITH TEN OR MORE YEARS OF CREDITED
SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain
retirement benefits for certain retirees covered under the General Employee's Pension Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
35.098, "Supplemental Retirement Income and Minimum Benefits", to read as follows:
Section 35.098. SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS
Effective as of January 1, 1993, all participants or beneficiaries of participants who
were receiving benefits under the plan prior to January 1, 1991, shall have the monthly amount of
retirement income increased by five percent (5%) over the gross amount they were receiving in
December of 1990. In addition, effective August 1, 1999, all participants or beneficiaries of
participants who were receiving benefits under the plan prior to September 30, 1993 shall have the
monthly amount of retirement income increased by five percent (5%) over the gross amount they
were receiving in August of 1993 provided; however, this increase effective August 1, 1999 shall
not exceed one hundred dollars ($100.00) per month. Pre:".'ded, b_ev:e:,er, Effective August 1, 1999,
all participants with ten (10) or more years of credited service, and designated beneficiaries of such
participants who receive plan benefits that are based on or derived from the participant's normal
retirement income, regardless of the participant's retirement date, shall receive benefits based on a
minimum monthly normal retirement income amount of at least $400. five hundred dollars ($500)
per month.
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 upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ,1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
' [IT¥ IIL: flELE .¥ BEI:I£H
CITY ATTO~IZY'S OFFICE ~°° ~ "' ^~'~"~'-~^" ~^~""-°'~'~^ ~"~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Dire¢~ Line: (561) 243-'/090
DELRAY BEACH
lll,l~efic~, City MEMORANDUM
1993
TO: City Commission
FROM: ~Iay T. Jambeck, Assistant City Attomey~
SUBJECT: License agreement for portion of TennisCenter.
The attached liceme agreement between the City and Paig¢ Thompson d/b/a
Enzymes Suice Bar would allow the Licemee to operate a mobile vending cart on the
second floor of the Tennis Center. The Licensee would offer juices and various other
concessions to patrons of the Tennis Center.
Please place this item on the consent agenda for the June 15, 1999 City
Commission meeting. Do not hesitate to contact me if you should have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan Ruby, City Attorney
Brahm Dubin
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("The Agreement") is made this day of
,1~___ by and between the CITY OF DELRAY BEACH, a Florida Municipal
Corporation (the "City"), and PAIGE THOMPSON, an individual, d/b/a ENZYMES
JUICE BAR ("Licensee").
WITNESSETH:
WHEREAS, City owns and controls certain park land upon which is located the
Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and
WHEREAS, Licensee seeks to operate a mobile concession cart on the second floor of
the Tennis Center providing juice and other concessions; and
WHEREAS, the City has determined that such a use can be accommodated at the
Tennis Center without interference with current or prospective operations; and
WHEREAS, the City has determined that such a use furthers the public interest; and
WHEREAS, this Agreement shall constitute a license only and shall not be construed
as a property interest.
NOW THEREFORE, the mutual covenants and conditions contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
2. Term of Agreement. The term of this Agreement shall be for one year,
beginning upon July 1, 1999 and ending upon June 30, 2000, subject to the cancellation rights
set forth at paragraph 4 of this Agreement. Upon completion of the initial term, this
Agreement may be renewed for an additional two (2) year term if both parties consent in
writing.
3. License Fee. Licensee shall pay to the City $550 per month, exclusive of any
taxes owed or collected, during the term of this Agreement, payable on the 1st day of each
month. If this Agreement does not begin on the first day of a month, the license fee shall be
pro rated for that initial month. If the Agreement is terminated, the City shall pro rate the
license fee and shall reimburse Licensee for the balance of license fee paid for the month in
which the termination occurred. If Licensee does not remit the license fee within five (5) days
from the 1st day of the month, a late fee of ten dollars ($10) shall be applied for each day that
the license fee remains unpaid. The late fee shall be paid with the overdue month's license fee
or late fees will continue to accrue at ten dollars ($10) per day until all fees have been paid.
4. Cancellation of Agreement. Both parties reserve the right to revoke this
Agreement with thirty (30) days written notice without cause. Both parties reserve the right to
revoke this Agreement upon seven (7) days written notice for cause.
5. Licensee's use of Tennis Center. During the term of this Agreement, Licensee
shall be entitled to locate its mobile vending cart upon the second floor of the Tennis Center.
The general location of the cart, and the hours of operation, shall be mutually agreed upon by
the parties to this Agreement. The City reserves the right, with no less than 48 hours advance
notice to Licensee, to require relocation or removal of the entire mobile vending cart from
either the second floor or from the Tennis Center altogether, or to require a temporary
cessation of operations, for a period of time to be specified by the City in the advance notice.
If the relocation, removal, or temporary cessation of operation causes Licensee to be unable to
operate its mobile vending cart for more than 2 days, then the license fee for that month will
be pro rated to reflect the days in which the mobile vending cart was not in operation.
6. Installation of f'mtures. Licensee shall install, at no cost to the City, a three (3)
compartment sink, one (1) freezer, two (2) refrigerators and one (1) icemaker in a location
specified by the City. Licensee shall be responsible for all aspects of installation, including but
not limited to, plumbing and electrical work. However, plans and specifications for the
fLxtures and the actual installation of the f~xtures are subject to review and approval by the
City. At the termination of this Agreement, Licensee shall remove the three (3) compartment
sink, two (2) refrigerators and one (1) freezer from the premises. The one (1) icemaker
installed by Licensee shall become the property of the City. During the term of this
Agreement and any subsequent renewals or future agreements between the parties to this
Agreement, Licensee shall be at all time responsible for the maintenance, repair, and upkeep
of the fLxtures contained in this paragraph. Licensee shall be responsible for any damage
caused to City property from the use, misuse, functions or malfunctions of the f~xtures
mentioned in this paragraph. Licensee shall reimburse the City for any amounts spent by the
City to repair such property damage within thirty (30) days of a written request from the City.
7. Approval of Menu Items. The City, through the Tennis Center Management,
shall have the right to approve or disapprove of all items sold and pricing thereof. However,
such approval shall not be unreasonably withheld.
8. Health Requirements. Licensee shall comply with all federal, state, or local
health requirements imposed by statute, ordinance, regulation or rule.
9. Agreement does not Constitute Joint Venture. This Agreement is not
intended to constitute a joint venture between Licensee and the City. Licensee shall be
considered an entity wholly independent from the City for any purpose whatsoever and shall be
considered an independent contractor. No act undertaken or failure to act by Licensee shall be
imputed to the City for any reason.
10. Permits and Licenses. Licensee shall be responsible for obtaining all necessary
permits and licenses at Licensee's cost and shall maintain such permits and licenses at all times
during the term of this Agreement.
11. Taxes. Licensee shall be responsible for payment of all taxes imposed as a
result of Licensee's operation of a mobile vending cart.
12. Insurance. Licensee shall pay all premiums and shall maintain and provide
insurance for the entire term of this Agreement and renewals thereto, in such amounts and
under such terms as may be required by the City. The City shall review and modify the terms
and requirements of such insurance, if necessary. The minimum insurance amounts and terms
shall be pursuant to the following requirements:
A. Public and Product Liability Insurance: Licensee shall maintain public
and product liability insurance in coverage limits of no less than five hundred thousand
dollars ($500,000.00) combined single limit for bodily injury and property damage
liability.
B. Workers Compensation Insurance: Licensee shall maintain workers
compensation coverage, as required by law, in an amount equal to the statutory limits
of employer's liability.
C. Additional Insured: The City and Dubin & Associates shall be named as
an additional insured on the policy required in Paragraph A.
D. Insurance Certificates: Licensee shall submit insurance certificates
evidencing insurance of the type and the amounts above stated or otherwise agreed to
by the parties.
E. Written Notice of Cancellation: Licensee shall provide certificates of
insurance which shall give the City thirty (30) days written notice of cancellation.
13. Indemnification. Licensee shall indemnify, defend and hold the City and its
officers, agents and employees harmless against any and all claims, demands, suits or other
forms of liability for any actions that arise solely out of or by reason of the actions, omissions,
intentional acts, or negligent acts of Licensee, its officers, employees, agents, representatives
or any other person associated with Licensee, including but not limited to contractors or sub-
contractors procured by Licensee.
14. Compliance with Laws. Licensee shall comply at all times with applicable
federal, state, county and municipal laws, rules and ordinances.
15. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
16. Entire Agreement. This Agreement shall constitute the entire Agreement of
the parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
17. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
18. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of ,199
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk MAYOR, Jay Alperin
Approved as to form:
City Attorney
PAIGE THOMPSON d/b/a
ENZYMES JUICE BAR, a
sole proprietorship
By:
Name Printed:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this ~ day of ,
1999 by Paige Thompson, dlb/a Enzymes Juice Bar. She is personally known to me or has
produced (type of identification) as identification and
did (did not) take an oath.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
CITY OF DELRI:IY BEACH
CITY ATTORNEY'S OFFICE ~oo .~v ,~, ^,~,~,~,.,,~.,~,.,,^.,. ,,~^~,,,~,~o,,,,~^
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
~P~ca C~ty MEMORANDUM
1993
TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorney~
SUBJECT: License agreement for portion of TelmisCenter.
The attached license agreement between the City and Paige Thompson d/b/a
Enzymes Juice Bar would allow the Licensee to operate a mobile vending cart on the
second floor of the Tennis Center. The Licensee would offer juices and various other
concessions to patrons of the Tennis Center.
Please place this item on the consent agenda for the June 15, 1999 City
Commission meeting. Do not hesitate to contact me if you should have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan Ruby, City Attorney
Brahm Dubin
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("The Agreement") is made this __ day of
,199__ by and between the CITY OF DELRAY BEACH, a Florida Municipal
Corporation (the "City"), and PAIGE THOMPSON, an individual, d/b/a ENZYMES
JUICE BAR ("Licensee").
WITNESSETH:
WHEREAS, City owns and controls certain park land upon which is located the
Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and
WHEREAS, Licensee seeks to operate a mobile concession can on the second floor of
the Tennis Center providing juice and other concessions; and
WHEREAS, the City has determined that such a use can be accommodated at the
Tennis Center without interference with currem or prospective operations; and
WHEREAS, the City has determined that such a use furthers the public interest; and
WHEREAS, this Agreement shall constitute a license only and shall not be construed
as a property interest.
NOW THEREFORE, the mutual covenants and conditions contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
2. Term of Agreement. The term of this Agreemem shall be for one year,
beginning upon July 1, 1999 and ending upon June 30, 2000, subject to the cancellation rights
set forth at paragraph 4 of this Agreement. Upon completion of the initial term, this
Agreement may be renewed for an additional two (2) year term if both parties consent in
writing.
3. License Fee. Licensee shall pay to the City $550 per month, exclusive of any
taxes owed or collected, during the term of this Agreement, payable on the 1st day of each
month. If this Agreement does not begin on the f~rst day of a month, the license fee shall be
pro rated for that initial month. If the Agreement is terminated, the City shall pro rate the
license fee and shall reimburse Licensee for the balance of license fee paid for the month in
which the termination occurred. If Licensee does not remit the license fee within f~ve (5) days
from the 1st day of the month, a late fee of ten dollars ($10) shall be applied for each day that
the license fee remains unpaid. The late fee shall be paid with the overdue month's license fee
or late fees will continue to accrue at ten dollars ($10) per day until all fees have been paid.
4. Cancellation of Agreement. Both parties reserve the right to revoke this
Agreement with thirty (30) days written notice without cause. Both parties reserve the right to
revoke this Agreement upon seven (7) days written notice for cause.
5. Licensee's use of Tennis Center. During the term of this Agreement, Licensee
shall be entitled to locate its mobile vending cart upon the second floor of the Tennis Center.
The general location of the cart, and the hours of operation, shall be mutually agreed upon by
the parties to this Agreement. The City reserves the right, with no less than 48 hours advance
notice to Licensee, to require relocation or removal of the entire mobile vending cart from
either the second floor or from the Tennis Center altogether, or to require a temporary
cessation of operations, for a period of time to be specified by the City in the advance notice.
If the relocation, removal, or temporary cessation of operation causes Licensee to be unable to
operate its mobile vending cart for more than 2 days, then the license fee for that month will
be pro rated to reflect the days in which the mobile vending cart was not in operation.
6. Installation of fixtures. Licensee shall install, at no cost to the City, a three (3)
compartment sink, one (1) freezer, two (2) refrigerators and one (1) icemaker in a location
specified by the City. Licensee shall be responsible for all aspects of installation, including but
not limited to, plumbing and electrical work. However, plans and specifications for the
fixtures and the actual installation of the fixtures are subject to review and approval by the
City. At the termination of this Agreement, Licensee shall remove the three (3) compartment
sink, two (2) refrigerators and one (1) freezer from the premises. The one (1) icemaker
installed by Licensee shall become the property of the City. During the term of this
Agreement and any subsequent renewals or future agreements between the parties to this
Agreement, Licensee shall be at all time responsible for the maintenance, repair, and upkeep
of the fixtures contained in this paragraph. Licensee shall be responsible for any damage
caused to City property from the use, misuse, functions or malfunctions of the fixtures
mentioned in this paragraph. Licensee shall reimburse the City for any amounts spent by the
City to repair such property damage within thirty (30) days of a written request from the City.
7. Approval of Menu Items. The City, through the Tennis Center Management,
shall have the right to approve or disapprove of all items sold and pricing thereof. However,
such approval shall not be unreasonably withheld.
8. Health Requirements. Licensee shall comply with all federal, state, or local
health requirements imposed by statute, ordinance, regulation or rule.
9. Agreement does not Constitute Joint Venture. This Agreement is not
intended to constitute a joint venture between Licensee and the City. Licensee shall be
considered an entity wholly independent from the City for any purpose whatsoever and shall be
considered an independent contractor. No act undertaken or failure to act by Licensee shall be
imputed to the City for any reason.
10. Permits and Licenses. Licensee shall be responsible for obtaining all necessary
permits and licenses at Licensee's cost and shall maintain such permits and licenses at all times
during the term of this Agreement.
11. Taxes. Licensee shall be responsible for payment of all taxes imposed as a
result of Licensee's operation of a mobile vending cart.
12. Insurance. Licensee shall pay all premiums and shall maintain and provide
insurance for the entire term of this Agreement and renewals thereto, in such amounts and
under such terms as may be required by the City. Thc City shall review and modify the terms
and requirements of such insurance, if necessary. Thc minimum insurance amounts and terms
shall be pursuant to the following requirements:
A. Public and Product Liability Insurance: Licensee shall maintain public
and product liability insurance in coverage limits of no less than five hundred thousand
dollars ($500,000.00) combined single limit for bodily injury and property damage
liability.
B. Workers Compensation Insurance: Licensee shall maintain workers
compensation coverage, as required by law, in an amount equal to the statutory limits
of employer's liability.
C. Additional Insured: The City and Dubin & Associates shall be named as
an additional insured on the policy required in Paragraph A.
D. Insurance Certificates: Licensee shall submit insurance certificates
evidencing insurance of the type and the amounts above stated or otherwise agreed to
by the parties.
E. Written Notice of Cancellation: Licensee shall provide certificates of
insurance which shall give the City thirty (30) days written notice of cancellation.
13. Indemnification. Licensee shall indemnify, defend and hold the City and its
officers, agents and employees harmless against any and all claims, demands, suits or other
forms of liability for any actions that arise solely out of or by reason of the actions, omissions,
intentional acts, or negligent acts of Licensee, its officers, employees, agents, representatives
or any other person associated with Licensee, including but not limited to contractors or sub-
contractors procured by Licensee.
14. Compliance with Laws. Licensee shall comply at all times with applicable
federal, state, county and municipal laws, rules and ordinances.
15. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
16. Entire Agreement. This Agreement shall constitute the entire Agreement of
the parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
17. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
18. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of ,199
TIlE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk MAYOR, Jay Alperin
Approved as to form:
City Attorney
PAIGE THOMPSON d/b/a
ENZYMES JUICE BAR, a
sole proprietorship
By:
Name Printed:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this __ day of ,
1999 by Paige Thompson, d/b/a Enzymes Juice Bar. She is personally known to me or has
produced (type of identification) as identification and
did (did not) take an oath.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
CITY 0[: DELRfi¥ BER[H
CITY ~TTO~F:EY'S OFFICE ~oo ~ ,_., ^v~,~. ~,~,..^.~,~^~., ~,.o,~,~,^ ~.,
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Lin~: (561) 243-7090
DELRAY BEACH
AIl. Amedca City MEMORANDUM
1993
TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attomey~
SUBJECT: License agreement for portion of TennisCenter.
The attached license agreement between the City and Paige Thompson d/b/a
Enzymes Juice Bar would allow the Licensee to operate a mobile vending cart on the
second floor of the Tennis Center. The Licensee would offer juices and various other
concessions to patrons of the Tennis Center.
Please place this item on the consent agenda for the June 15, 1999 City
Commission meeting. Do not hesitate to contact me if you should have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan Ruby, City Attorney
Brahm Dubin
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("The Agreement") is made this __ day of
,199_ by and between the CITY OF DELRAY BEACH, a Florida Municipal
Corporation (the "City"), and PAIGE THOMPSON, an individual, d/b/a ENZYMES
JUICE BAR ("Licensee").
WITNESSETH:
WHEREAS, City owns and controls certain park land upon which is located the
Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and
WHEREAS, Licensee seeks to operate a mobile concession cart on the second floor of
the Tennis Center providing juice and other concessions; and
WHEREAS, the City has determined that such a use can be accommodated at the
Tennis Center without interference with current or prospective operations; and
WHEREAS, the City has determined that such a use furthers the public interest; and
WHEREAS, this Agreement shall constitute a license only and shall not be construed
as a property interest.
NOW THEREFORE, the mutual covenams and conditions contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
2. Term of Agreement. The term of this Agreement shall be for one year,
beginning upon July 1, 1999 and ending upon June 30, 2000, subject to the cancellation rights
set forth at paragraph 4 of this Agreemem. Upon completion of the initial term, this
Agreement may be renewed for an additional two (2) year term if both parties consent in
writing.
3. License Fee. Licensee shall pay to the City $550 per month, exclusive of any
taxes owed or collected, during the term of this Agreement, payable on the 1st day of each
month. If this Agreement does not begin on the first day of a month, the license fee shall be
pro rated for that initial month. If the Agreement is terminated, the City shall pro rate the
license fee and shall reimburse Licensee for the balance of license fee paid for the month in
which the termination occurred. If Licensee does not remit the license fee within five (5) days
from the 1st day of the month, a late fee of ten dollars ($10) shall be applied for each day that
the license fee remains unpaid. The late fee shall be paid with the overdue month's license fee
or late fees will continue to accrue at ten dollars ($10) per day until all fees have been paid.
4. Cancellation of Agreement. Both parties reserve the right to revoke this
Agreement with thirty (30) days written notice without cause. Both parties reserve the right to
revoke this Agreement upon seven (7) days written notice for cause.
5. Licensee's use of Tennis Center. During the term of this Agreement, Licensee
shall be entitled to locate its mobile vending cart upon the second floor of the Tennis Center.
The general location of the cart, and the hours of operation, shall be mutually agreed upon by
the parties to this Agreement. The City reserves the right, with no less than 48 hours advance
notice to Licensee, to require relocation or removal of the entire mobile vending cart from
either the second floor or from the Tennis Center altogether, or to require a temporary
cessation of operations, for a period of time to be specified by the City in the advance notice.
If the relocation, removal, or temporary cessation of operation causes Licensee to be unable to
operate its mobile vending cart for more than 2 days, then the license fee for that month will
be pro rated to reflect the days in which the mobile vending cart was not in operation.
6. Installation of fixtures. Licensee shall install, at no cost to the City, a three (3)
compartment sink, one (1) freezer, two (2) refrigerators and one (1) icemaker in a location
specified by the City. Licensee shall be responsible for all aspects of installation, including but
not limited to, plumbing and electrical work. However, plans and specifications for the
ftxtures and the actual installation of the fixtures are subject to review and approval by the
City. At the termination of this Agreement, Licensee shall remove the three (3) compartment
sink, two (2) refrigerators and one (1) freezer from the premises. The one (1) icemaker
installed by Licensee shall become the property of the City. During the term of this
Agreement and any subsequent renewals or future agreements between the parties to this
Agreement, Licensee shall be at all time responsible for the maintenance, repair, and upkeep
of the fixtures contained in this paragraph. Licensee shall be responsible for any damage
caused to City property from the use, misuse, functions or malfunctions of the f~xtures
mentioned in this paragraph. Licensee shall reimburse the City for any amounts spent by the
City to repair such property damage within thirty (30) days of a written request from the City.
7. Approval of Menu Items. The City, through the Tennis Center Management,
shall have the right to approve or disapprove of all items sold and pricing thereof. However,
such approval shall not be unreasonably withheld.
8. Health Requirements. Licensee shall comply with all federal, state, or local
health requirements imposed by statute, ordinance, regulation or rule.
9. Agreement does not Constitute Joint Venture. This Agreement is not
intended to constitute a joint venture between Licensee and the City. Licensee shall be
considered an entity wholly independent from the City for any purpose whatsoever and shall be
considered an independent contractor. No act undertaken or failure to act by Licensee shall be
imputed to the City for any reason.
10. Permits and Licenses. Licensee shall be responsible for obtaining all necessary
permits and licenses at Licensee's cost and shall maintain such permits and licenses at all times
during the term of this Agreement.
11. Taxes. Licensee shall be responsible for payment of all taxes imposed as a
result of Licensee's operation of a mobile vending cart.
12. Insurance. Licensee shall pay all premiums and shall maintain and provide
insurance for the entire term of this Agreement and renewals thereto, in such amounts and
under such terms as may be required by the City. The City shah review and modify the terms
and requirements of such insurance, if necessary. The minimum insurance amounts and terms
shall be pursuant to the following requirements:
A. Public and Product Liability Insurance: Licensee shall maintain public
and product liability insurance in coverage limits of no less than five hundred thousand
dollars ($500,000.00) combined single limit for bodily injury and property damage
liability.
B. Workers Compensation Insurance: Licensee shall maintain workers
compensation coverage, as required by law, in an amount equal to the statutory limits
of employer's liability.
C. Additional Insured: The City and Dubin & Associates shall be named as
an additional insured on the policy required in Paragraph A.
D. Insurance Certificates: Licensee shall submit insurance certificates
evidencing insurance of the type and the amounts above stated or otherwise agreed to
by the parties.
E. Written Notice of Cancellation: Licensee shall provide certificates of
insurance which shall give the City thirty (30) days written notice of cancellation.
13. Indemnification. Licensee shall indemnify, defend and hold the City and its
officers, agents and employees harmless against any and all claims, demands, suits or other
forms of liability for any actions that arise solely out of or by reason of the actions, omissions,
intentional acts, or negligent acts of Licensee, its officers, employees, agents, representatives
or any other person associated with Licensee, including but not limited to contractors or sub-
contractors procured by Licensee.
14. Compliance with Laws. Licensee shall comply at all times with applicable
federal, state, county and municipal laws, rules and ordinances.
15. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
16. Entire Agreement. This Agreement shall constitute the entire Agreement of
the parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
17. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
18. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this ~ day of ,199
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk MAYOR, Jay Alperin
Approved as to form:
City Attorney
PAIGE THOMPSON d/b/a
ENZYMES JUICE BAR, a
sole proprietorship
By:
Name Printed:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this ~ day of .,
1999 by Paige Thompson, d/b/a Enzymes Juice Bar. She is personally known to me or has
produced (type of identification) as identification and
did (did not) take an oath.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
TO: DAVID T. HARDEN, CITY MANAGER (~'~' ~(~_ /
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLA~~D~(~'~"?
FROM: MICHELLE E. FALASZ, ASSISTANT PLANNER
SUBJECT: MEETING OF JUNE 15, 1999
ACCEPTANCE OF A LIMITED ACCESS EASEMENT AGREEMENT
ASSOCIATED WITH 720 ELDORADO LANE.
The action requested of the City Commission is acceptance of a Limited Access Easement
Agreement associated with 720 Eldorado Lane. The property is located on the southeast corner
of NW 8th Avenue and Eldorado Lane.
The subject property consists of Lot 13, Block 2, Lake Ida Shores and is zoned R-l-AA. The
front of the house faces, and the address is taken from, Eldorado Lane. However, for corner lots,
the side having the least street frontage shall be the front for setback purposes (Per LDR Section
4.3.4 (E) (3)). Thus, NW 8th Avenue is considered the front. The home and driveway are
oriented towards Eldorado Lane, not NW 8th Street.
The property owners are interested in constructing an addition onto the west side of their home.
This presents a problem due to the frontage of the lot. With the frontage on NW 8th Avenue the
front setback is 30 feet. If the frontage were changed to Eldorado Lane and NW 8th Avenue were
the side-street, a setback of 15 feet would be required and could be met. Section 4.3.4 (E)(4)
provides if a limited access easement runs the length of the frontage on a street, then the front of
the lot shall be on a frontage without such access limitations. Therefore, the owners are
proposing a limited access easement along NW 8th Avenue, making the property line along
Eldorado Lane their frontage. As a 30 foot setback is already provided along Eldorado Lane, all
setbacks will be in compliance.
RECOMMENDED ACTION
By motion, accept the Limited Access Easement Agreement associated with 720 Eldorado Lane.
Attachments:
· Location Map; and
· Limited Access Easement Agreement.
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
LIMITED ACCESS EASEMENT AGREEMENT
This Limited Access Easement Agreement, made this __ day of , 199_,
by and between JIM AND LIZ MAGAFAS, with a mailing address of 720 Eldorado Lane,
Delray Beach, Florida and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida:
WHEREAS, Section 4.3.4(E)(3) of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach provides, for comer lots, the side having the least
street frontage shall be the front for setback purposes; and
WHEREAS, this property is a comer lot and the side having the least street frontage is
adjacent to N.W. 8th Avenue; and
WHEREAS, frontage on N.W. 8th Avenue is impracticable in this case due to the
setback requirements; and
WHEREAS, Section 4.3.4(E)(4) provides if a limited access easement runs the length of
the frontage on a street, then the front of the lot shall be on a frontage without such access
limitations; and
WHEREAS, the property owner wishes to have a limited access easement agreement
over the side of the lot adjacent to N.W. 8th Avenue in order to have frontage on Eldorado
Lane.
NOW, THEREFORE, in consideration of $10.00 and other valuable consideration,
receipt and adequacy and sufficiency of which is hereby acknowledged, the parties intending to
be legally bound, do hereby agree as follows:
1. That the recitals heretofore set forth are true and accurate and incorporated herein
by reference.
LAKE SHORE DRIVE >
,
ANC,OR ~'O, Nf- N.W. 7T, ST.
>1
~ ~ GARDENIA TERRACE
ELDORADO LANE
z i
SUNSHINE DRIVE
¢ ,
DELRAY LAKES DR~VE ~~ ~ I ~
ENFIELD ROAD ~
/
' CHILD
CARE
CENTER
I
~ ~RO~OSED ~0' kIMITfiD AGCfiSS
CITY ~ DELRAY BEACH, FL (720 ELDO~DO ~NE, LOT 13, BLOCK 2, ~KE IDA SHORES)
PLANNING ~ ZONING DEPAR~ENT
-- ~/G/~L ~ ~P ~ -- M~ REF: LM350
2. That the Limited Access Easement is needed so that the frontage of the property
described in Exhibit "A" will be on Eldorado Lane.
3. The Limited Access Easement covers the area described in Exhibit "B".
4. Property Owner and City agree that this Limited Access Easement Agreement
shall be recorded in the Public Records of Palm Beach County, Florida and shall run with the
land. The Limited Access Easement granted herein shall not be transferred, assigned, sold or
otherwise conveyed except in conjunction with the transfer or sale of the subject property.
5. This agreement shall be construed and governed in accordance with the laws of the
State of Florida and in the event of any litigation hereunder, the venue for any such litigation,
shall be in Palm Beach County, Florida. All of the parties to this agreement have participated
fully in the negotiation and preparation hereof and, accordingly, this agreement shall not be
more strictly construed against any one of the parties hereto.
6. This agreement may not be changed, altered or modified except in writing signed
by both parties. This agreement shall be binding upon the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties to this Limited Access Easement Deed set their
hands and seals the day and year ftrst above written.
WITNESS #1:
By:
Print Name:
(name printed or typed)
(address)
WITNESS #2:
By:
Print Name:
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 199_ by He/She is personally
known to me or has produced as identification.
Signature of Notary Public - State
of Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 199_ by He/She is personally
known to me or has produced as identification.
Signature of Notary Public - State
of Florida
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Jay Alperin, Mayor
Approved as to Form:
By:
City Attorney
~G~ DESCRIPTI~
LOT ~, BL~K 2, ~KE IDA SHORES, AOO~DIN~ TO THE ~AT THEREOF ~ FILE IN THE OFF]CE OF
THE CLERK OF ~E CIROUIT ~T IN ~D FOR PA~ B~OH ~N~, ~ORIDA, AS RENDED IN PLAT
~K ~, PAGE 71.
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PCC - Po~t Of C~po~d ~e POC = Point Of Commenc~ent ~ = Center,ne ~E - E~ent
MINIMUM TECHNIC~
21HH-60~HE FLORIDA ~MIN~AT~E CODE PU~U~'O SERVICES, INC.
Rofido 3~0 ~ - 7940
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B~ 25, PA~E 71.
~D~Y S~ CERT Z F ~ ED TO;
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2. A~ E~VATIO~ SHOWN HE~ON ARE PER ~O~ GEOD~C VE~I~ DA~M OF 1~.
4. NO ~CAVA~ONS PER~RMED ~ TO ~RMINE UNDE~OUND ENC~ACHME~S, IF A~. IE FOUNDA~O~, SPRINK~R ~EMS, ~C...
~END: PC - P~nf Of Cupola PRM - Pe~t Reference Mon~ent A - CenWol Angle CONC = Concrete
~ = P~nt Of Tongen~ PCP = Pe~onent ConWol Po~t R = ~odl~/Eodlot C~T - Cnotohoochee
PRC - Point Of Reveme C~Q~re ~B - Point Of Beglnn~g AL - ARC Len~h WP - T~lcoi
PCC - Po~t Of C~po~d C~o~e POC - Point Ot Commencement ~ - Center, ne ~S~ = Eosemen/
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MINIMUM ~ECHNI~AL ~D$ ~ S~ ~ IN C~PTER
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2~2 South Dixie Highwoy, Suile
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gllY ITTOR EY'S OFFICE :00 mW 1st AVENUE, DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
W~mr's D~ct L~e: (561)
993 TO: Ci~ Co~ssion
FROM: Jay T. J~beck, Assismnt Ci~ A~omey~
S~JECT: Agreement and General Release
C~ - 24-26 ~ 3~d Avenue
Fife Depa~ent Tra~ng
The a~ched agreemem, if approved, will pe~t ~e Ci~'s Fife Depa~ent to
conduct ffa~g exercises on ~e prope~ located at 24-26 NW 3~ Avenue ~ Delray
Beach. C~ comems to ~e Ci~ us~g ~e s~cmre on ~e prope~ for ffa~ng
pu~oses ~d ult~tely bu~g ~e s~cmre down.
Please pla~ t~s item on ~e comem agenda for ~e June 15, 1999 Ci~
Co~ssion meet~g. Do not hesimte to conmct me if you should have any questiom.
A~c~ent
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Richard Murphy, Fire Inspector Lt.
AGREEMENT AND GENERAL RELEASE
THIS AGREEMENT AND GENERAL RELEASE, is made this day of
,1999 by and between the CITY OF DELRAY BEACH, FLORIDA
(" City") and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
("CRA").
WITNESSETH:
WHEREAS, CRA warrants that it owns certain property located within the City limits
of the City of Defray Beach located at the following address:
24-26 NW 3rd Avenue, Defray Beach, Florida, 32444; and
WHEREAS, The City of Delray Beach Fire Departmem desires to use the building
located on said property for the purposes of training; and
WHEREAS, CRA permits the City of Defray Beach Fire Department to use the
building for appropriate training exercises which includes the use of smoke and fire.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. CRA agrees to allow the City of Defray Beach Fire Departmem to enter onto
the property referred to herein for fu'e rescue training exercises after providing a minimum of
eight (8) hours notice to the CRA.
3. As part of the training exercises, the participants will use equipment which will
cause damage to bearing walls, doors, ceilings, lighting fixtures, and other interior features.
The participants will use saws, cutters, pry bars, hammers, and a power spreader in order to
gain access through interior doors and walls. At the conclusion of the training exercise, the
City will burn the structure down as much as possible.
4. CRA acknowledges that the City shall assume no responsibility for said land or
structures. CRA is responsible for costs associated with clean-up and removal of all debris
created by training exercises.
5. Prior to conducting training exercises, City, or its designated representative,
shall review with CRA, the areas of the property which will be used in the training exercises.
6. To the extent permitted by law, the City shall defend, indemnify and hold
harmless CRA, its agents, officers, officials and employees from any and all claims, suits,
causes of action or any claim whatsoever made arising from the City's training activities on the
property referred to herein and any and all claims, suits, causes of action or any claim
whatsoever made arising from property and/or personal injury caused or allegedly caused by
the training exercise.
7. To the extent permitted by law, CRA shall defend, indemnify and hold harmless
the City, its agents, officers, officials and employees from any and all claims, suits, causes of
action or any claim whatsoever made relating to the condition of the property after the training
exercises and in connection with the removal of any portion of the structure that remains
unburned.
8. No prior or present agreements or representations shall be binding upon any of
the parties hereto unless incorporated in this Agreement. No modification or change in the
Agreement shall be valid or binding upon the parties unless in writing, executed by the partied
to be bound thereby.
IN WITNESS WHEREOF, the City has caused these presents to be executed in its
name by its Mayor, and attested and its official seal to be hereumo affixed by its City Clerk,
and CRA has hereumo set its hand and seal the day and year fu'st above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk MAYOR, Jay Alperin
Approved as to Form and
Legal Sufficiency:
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
ATTEST:
By:
Chairman
Print Name
Print Name
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~D - REGULAR MEETING OF, JUNE 15~ 1999
WATER MAIN EXTENSION IMPROVEMENT AGREEMENT/DELRAY
KAWASAKI PROJECT
DATE: JUNE 11, 1999
This is before the City Commission to approve an agreement for a
water main extension associated with the Delray Kawasaki
relocation to the former Miller Dodge site on North Federal
Highway. The agreement is for participation by the City for the
extension of a water main on Old Dixie Highway beyond the
required water main facilities for the project.
As set forth in the agreement, the fire flow demand for the
project requires the upgrade of an existing 2-inch main to an 8-
inch main. The City's participation will allow the upgrade to be
extended to the south property line of the Delray Kawasaki site.
It essentially provides that the City will provide materials
(i.e. pipe and fittings) while the developer will be responsible
for the installation of the materials and any restoration
associated with the construction activities.
The materials will be purchased off of state or county contracts
which have been publicly bid. The total amount of the City's
participation is not to exceed $10,000.00 and will be funded from
442-5178-536-61.78 (Water Distribution Improvements).
Recommend approval of the Water Main Extension Improvement
Agreement associated with the Delray Kawasaki project.
Re f: Agmemo 16. WaterMain. Kawasaki
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.E.~
Deputy Directorof~ub ~l~-Utilities
DATE: June 10, 1999
SUBJECT: Water Main Extension Agreement
Delray Kawasaki
Attached is an Agenda Request and location map along with a copy of the proposed
agreement for a water main extension in association with the Delray Kawasaki project.
This agreement is for participation by the City for the extension of a water main on Old
Dixie Highway beyond the required water main facilities for the project. As stated in the
agreement, the fire flow demand for the project requires the upgrade of an existing 2"
main to an 8" main. The City's participation will allow the upgrade to be extended to the
south property line of the project. The agreement essentially states that the City will
provide materials i.e. pipe and riflings while the Developer will be responsible for the
installation of the materials and any restoration associated with the construction
activities. The materials will be purchased of off State or County contracts, which have
been publicly bid. The total amount of the City's participation is not to exceed
$10,000.00, funding is available from 442-5178-536-61.78, Water Distribution
Improvements.
Please place this item on the June 15, 1999 Agenda for consideration by City
Commission.
CDB/cdb
cc: Richard C. Hasko, P.E., Director of Environmental Services
Barron Carronite, P.E., Asst. City Engineer
City Clerks Office
~ESSRYOO2~BE/I TTY~y Documents~Kawa~aki. mem. doc
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WATER MAIN EXTENSION IMPROVEMENT AGREEMENT
THIS AGREEMENT entered into this ..1 7t:h:lay of Hay , 19 9.9,
by and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as CITY) and TA~.AIqI ~ 'rNc. ~ a Fl. orida corpora~::i, on
(hereinafter referred to as DEVELOPER), provide as follows:
WHEREAS, the Developer is developing the property described in Exhibit
'A"; and
WHEREAS, there is currently a 2 inch water main adjacent to Dixie Highway
that extends for the length of the property described in Exhibit "A"; and
WHEREAS, in order to meet the fire protection needs of the development a fire
hydrant must be installed at the midpoint of the property and must be serviced by an 8
inch water main; and
WHEREAS, the City has determined that it is in the best interest of the public
to continue tb~: upgrade of the 2 inch water main to the 8' inch water main to the end of
the property; and
WHEi~.EAS, the City shall purchase materials used to construct the water main
improvement, but not to exceed a certain dollar amount, in exchange for the Developer
installing and constructing the water main improvement the entire length of the property
described in Exhibit "A" adjacent to Dixie Highway at its own cost and expense; and
WHElt.EAS, the materials provided by the CITY shall be acquired pursuant to
purchasing policies of the CITY.
NOW:. THEREFORE, in consideration of the promises and covenants herein
provided, DEVELOPER hereby agrees to install and construct the water main
improvement and CITY hereby agrees to purchase the material necessary for the water
main improvement, up to a certain dollar amount, pursuant to the terms of this
Agreement.
I. The above-stated recitals are incorporated herein as if fully set forth
herein.
2. The quantity and type of material that will be purchased by the CITY
· .~ will be based on engineering plans and drawings developed by Sheremeta Associates,
Inc. and provided by the DEVELOPER and submitted to and approved by the CITY.
The CITY shall only purchase that material used for the water main improvement.
3. The CITY shall have the materials shipped to the DEVELOPER at a
location specified by the DEVELOPER. Once received by the DEVELOPER, the
CITY shall nc, longer be responsible for the materials. If there is any breakage or theft
of the materials once received by the DEVELOPER, the CITY shall not replace or
reimburse the DEVELOPER for those materials. If for any reason, notwithstanding a
defect in the materials, extra material is needed beyond the originally agreed upon
amount, the DEVELOPER shall be responsible for providing the extra material. The
CITY shall purchase material up to a cost of ten thousand dollars ($10,000.00), but
shall not pay for any materials that exceed ten thousand dollars ($10,000.00) under any
circumstances.
4. The CITY will not issue a Certificate of Occupancy for the development
until the water main improvement is completed, finalized and accepted by the CITY.
5. All restorations of the area affected by the water main improvement shall
be the responsibility of the DEVELOPER. The restorations shall be performed in
accordance with the DEVELOPER'S approved engineering plans.
6. DEVELOPER shall pay all sales, consumer, use and other similar taxes
required to be paid in accordance with the laws, ordinances and regulations of the place
of the development which are applicable during the performance of the work.
~ 7. DEVELOPER warrants and guarantees to the CITY that all work on the
· water main improvement shall be constructed in accordance with the applicable codes
of the City of Delray Beach. The DEVELOPEWs warranty and guarantee shall
remain in effect for one year from the date of final acceptance. Unremedied defects
identified for correction during the warranty/guarantee period but remaining after its
expiration shall be considered as part of the obligations of the guarantee and warranty.
Defects in the installation or construction of the water main improvement, which are
remedied as a result of obligations of the warranty/guarantee shall subject the remedied
portion of the work to an extended warranty/guarantee period of one year after the
defect has been remedied. DEVELOPER shall deliver this agreement to its Surety.
The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S
faithful observance of the guarantee.
8. DEVELOPER, shall supervise and direct the installation and
construction of the water main improvement, applying such skills and expertise as may
be necessary to perform the work in accordance with the approved engineering plans.
DEVELOPER shall be solely responsible for the means, methods, techniques,
sequences and procedures of the construction and installation of the water maip
improvement.
9. DEVELOPER shall provide performance and payment bonds, in an
amount equal to 110% of the cost of the installation or construction of the water main
improvement. These bonds shall remain in effect at least until one year after the date
of final acceptance of the project by the CITY. The form and conditions of the Bonds
· - and Surety shall be acceptable and satisfactory to the CITY. If the Surety is declared
i,. < ' "';~ ?7
~ ::~" bankrupt or becomes insolvent the DEVELOPER shall, within 5 days, substitute
another bond and Surety. If the DEVELOPER is declared bankrupt or becomes
insolvent then the CITY may make a claim on the performance bond to finish or repair
the construction of the water main improvement within the warranty period.
10. DEVELOPER, in consideration of the payment of ten dollars ($10.00),
receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and
defend the CITY, its employees, agents and officers from and against any and all
damage, loss. of whatever kind, arising from the construction or installation of the
water main improvement, including, but not limited to reasonable attorney's fees and
costs at the trial and appellate levels.
11. DEVELOPER or its contractor shall maintain worker's compensation
insurance in amounts required by law and general liability insurance in the amount of
three hundred thousand dollars ($300,000.00) governing bodily injury and property
damage in standard form, insuring CITY as additional named insured. (Attached
hereto as Exhibit "B")
12. Any claims, lawsuits or disputes that may arise under this Agreement
shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida.
13. This Agreement constitutes the entire agreement and understanding of
the parties, as it pertains to the construction or installation of water main improvement.
There are no representations or understandings of any kind not set forth herein. Any
amendments to this Agreement must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
as of the day and year first above written.
ATTEST: CITY OF DELRAY BEACH
By:
City Clerk Mayor, Jay Alperin
Approved as ...t?~_Form:
i~xlZity Attorney
WlTNE,~iE~:,, /I DEVELOPER:
:;~ ~-.~f.,~,_~ ..~_ Name.t-/ ~/'" 4' ~'~"'~- -
(Name Printed or Typed) -7 Title: o-, ~or<-~.
(Name Printed or Typed)
STATE OF ~E'//? ~4 '/,),q .
COWTV OF e~//~
The foregoing instrument was ackn~wledggd before__me this ~¥'~ day of
~'r~'~io, t'~'X . (name of officer or agent, title o'f c~fficer or agent), of
.-l~'~.~.'r-.'~-~ (name of corporation acknowledging), a
~L~'Ix~IB~ ' (state or place of incorporation) corporation, on behalf of the
corporation_. He/~She is personally known to me or has produced
tl.og<,l~ t2h,~, I~ce.~'.'. (type.of identifications} as id.~tifica~t:~.
° - ~;:..- ~ ' -'~6a ~-~i - -~- .- ·/////.o42 ,,~; -~_
5
EXHIBIT "A"
DE SCRIP T/ON:
PARCEL A
BEGIN AT THE INTERSECTION OF THE NORTH LINE OF LOT ,78 OF MODEL L,~
SUBDIVISION OF SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND Th
RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY, SAID POINT OF INTERSECTION ~
30 FEET EASTERL Y, MEASURED AT RIGHT ANGLES, FROM THE EAST 50 FO~
WAY LINE OF THE FLORIDA EAST COAST RAILROAD, BEING THE POINT OF B
THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF OLD DIXIE H
DISTANCE OF 126.6 FEET; THENCE IN AN EASTERLY DIRECTION AND PARALL
THE SOUTH LINE OF SAID LOT 38, A DISTANCE OF 251.07 FEET, MORE OR,
THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. I (STATE ROAD NO. 5
THENCE IN A NORTHERLY DIRECTION ALONG SAID WEST RIGHT OF WAY LINE
DISTANCE OF 127.20 FEET, MORE OR LESS, TO THE SAID NORTH LINE OF Lc
..... ' ~' ""'~:.:':~" THENCE IN A WESTERLY DIRECTION ALONG THE NORTH LINE OF SAID LOT 3
,. · .~ · ~.. ~.. ~,.~... :.
~':" ~,~::'~':?':~:~::~':' D/STANCE OF 231.07 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, S.
'::' '~,:",~:~?';'"~,~?'~'" TRACT BEING tN PALM BEACH COUNTY, FLORIDA.
AND
PARCEL B
BEGIN AT THE INTERSECTION OF THE NORTH LI..VE OF LOT 38 OF MODEL L/
CO~.~PANY SUBDIVISION OF SECTION 9, TOWNSt~!P 46 SOUTH, RtlNGE 4] EA5
THE' EAST RIGHT OF WAY LINE OF OLD DIXIE HIGHWA); SAID POINT OF
INTF. RSECTION BEING 30 FEET EASTERLY, MEASURED AT RIGHT ANGLES FR[
EAST 50 FOOT RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILRO/
SOUTHERLY, ALONG THE EAST RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY,
DISTANCE OF 126.61 FEET TO THE POINT OF BEGINNING; THENCE CONTIN~~
SOUTHERLY DIRECTION ALONG SAID EAST RIGHT OF WAY LINE, A DISTA
FEET; THENCE IN AN EASTERLY DIRECTION AND PARALLEL TO THE SOU~,, z
SAID LOT $8, A DISTANCE OF 2`71.07 FEET, MORE OR LESS, TO THE WEST
WAY LINE OF U.S. HIGHWAY NO. ~ (STATE ROAD NO. 5); THENCE IN ANORT
DIRECTION ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 200.00
THENCE IN A WESTERLY DIRECTION 'AND PARALLEL TO SAID SOUTH LINE, A
OF 2u71.07 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; SAID TRACT
IN PALM BEACH COUNTY, FLORIDA.
_, .~::... OVERALL DESCRIPTION (BASED ON FIELD SURVEY)
' ':: ~".~.:i':~: '~'~ BEGIN AT THE INTERSECTION OF THE NORTH LINE OF LOT 38 OF MODEL L/
.. ~'-'!' .:~'..~::..: SUBDIVISION OF SECTION 9, TOWNSHIP 46 SOUTH, RANGE 4`7 EAST, AND Th
" RIGHT OF WAY LINE OF OLD DIXIE HIGHWAY, SAID POINT OF INTERSECTION !
30 FEET EASTERL Y, MEASURED AT RIGHT ANGLES, FROM THE EAST 50 FO,
WAY LINE OF THE FLORIDA EAST COAST RAILROAD, BEING THE POINT OF B
THENCE SOUTHERLY, ALONG THE EAST RIGHT OF WAY LINE OF OLD DIXIE ~
DISTANCE OF $26.6! FEET; THENCE IN AN £ASTERL Y DIRECTION AND PARAL
THE SOUTH LINE OF LOT $8, A DISTANCE OF 231.05 FEET, MORE OR LESS,
WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. I (STATE ROAD NO. 5); T~
A NORTHERLY DIRECTION, ALONG SAID WEST RIGHT OF WA Y LINE, A DISTA~
327.~6 FEET, MORE OR LESS, TO THE SAID NORTH LINE OF LOT $8; THENC~
WESTERLY DIRECTION ALONG THE NORTH LINE OF SAID LOT 38, A DISTANC
251.20 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAID TRACT BE
PALM BEACH COUNTY, FLORIDA.
A/K/A 1900 NORTH FEDERAL HIGHWAY
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 15, 1999
MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCEDURES
1999-2001/DELRAY BEACH RENAISSANCE PROGRAM
DATE: JUNE 9, 1999
This is before the City Commission to approve the Memorandum of
Understanding 1999-2001 and the policies and procedures which
will govern the Delray Beach Housing Renaissance Program for the
period March 1, 1999 through February 28, 2001.
The Renaissance Program was formed as a result of the Visions
2005 planning retreat which recommended that the delivery of all
affordable housing be coordinated through the Community
Improvement Department. Both public and private agencies,
housing providers and financial institutions were asked to
jointly participate in this coordinated effort to facilitate the
delivery of affordable housing throughout Delray Beach. In
addition to the City, participants include the Community
Redevelopment Agency, the Community Financing Consortium, Inc.,
the Delray Beach Housing Authority, the Center for Technology,
Enterprise & Development (TED Center), the Delray Beach Community
Development Corporation and the Federal Home Loan Bank of
Atlanta. Since the program's inception in 1996, approximately 85
families have been assisted.
Ail of the above-mentioned partnership members have approved and
executed the agreement.
Recommend approval of the Delray Beach Housing Renaissance
Program Memorandum of Understanding 1999-20'01 and the policies
and procedures governing the program.
Ref: Agmemo 14. RenaissancePgm
City of Delray Beach Community Development Division
MEMORANDUM
TO: David T. Harden, City Manager
THRU: Lula Butler, Community Improvement Director/J~
FROM: Charles L. Bender III, Community Development Coordinator
DATE: June 4, 1999
SUBJECT: Delray Beach Housing Renaissance Program Memorandum
of Understanding and Policies and Procedures 1999-2001
ITEM BEFORE THE COMMISSION
The purpose of this item is to obtain approval of the Memorandum of Understanding
1999-2001 and Policies and Procedures which will govern the Delray Beach Housing
Renaissance Program.
BACKGROUND
Pursuant to the recommendations from the Visions 2005 Assembly report, the
Community Development Division invited the various housing providers within the City
of Delray Beach to a series of meetings designed to develop a coordinated approach to the
delivery of affordable housing. The result of these meetings was the formation of a local
partnership to provide a consolidated delivery system of affordable housing. The first
Delray Beach Housing Renaissance Program Memorandum of Understanding was
approved by the City Commission on January 23, 1996; approval of a one-year extension
was later granted on December 2, 1997. The program was originally designed to assist
eighty families over a two-year period. To date, approximately eighty-five families have
been assisted.
The Memorandum of Understanding 1999-2001 and accompanying Policies and
Procedures have been designed to incorporate the concepts used under the past
agreement, while improving elements of the delivery system in order to better assist the
citizens it serves in the most efficient and effective manner. The City of Delray Beach's
Community Development Division will continue to coordinate the program and provide
subsidy dollars through the State Housing Initiatives Partnership Program. Each Agency
has committed subsidy funding and/or expertise to this program as a "partnership" of
efforts. The amount of dollars available for the program is outlined in Exhibit B of the
Memorandum of Understanding.
Partnership financing (first mortgage funding) is primarily provided through the
Community Financing Consortium; the Community Redevelopment Agency is providing
$50,000 for financial assistance plus architectural designs, vacant lots for purchase, loan
guarantees and technical assistance to the non-profit agencies; the Delray Beach Housing
Authority will provide $24,568 (remaining funds) for subsidies targeted for families in
transition towards self-sufficiency; the TED Center and the Delray Beach Community
Development Corporation (CDC) will receive applications for the program, screen and
educate applicants on homeownership, process applications, submit requests for subsidy
to the Community Development Division and mortgage applications to the lending
institution(s), work with participating builders and represent the applicants during the
construction phase (post-closing) of the home purchase.
RECOMMEDATION
Staff recommends approval of the Delray Beach Housing Renaissance Program
Memorandum of Understanding 1999-2001 and Policies and Procedures governing the
program. All of the above-mentioned partnership members have approved and executed
the agreement.
s:/cd/renprgm/MemorUnderAgen
DELRAY BEACH HOUSING RENAISSANCE
PROGRAM
MEMORANDUM OF UNDERSTANDING
MARCH 1, 1999 -- FEBRUARY 28, 2001
This memorandum of understanding, hereinafter referred to as the MEMORANDUM, entered into
as of the 15th. Day of June, 19 99 by and between the public and private sector participants of the
Delray Beach Renaissance Program, hereinafter referred to as the PROGRAM: The City of Delray
Beach (City), the Delray Beach Community Redevelopment Agency (CRA), the Community
Financing Consortium, Inc. (CFC), the Delray Beach Housing Authority (DBHA), the Center for
Technology, Enterprise & Development, Inc. (TED Center), the Delray Beach Community
Development Corporation (Delray CDC), and the Federal Home Loan Bank of Atlanta (FHLBA),
hereinafter collectively are referred to as PARTNERS and/or PARTICIPANTS.
Whereas, the Delray Beach Renaissance Program was formed as a result of the Visions 2005
Planning Retreat, sponsored by the Chamber of Commerce, which recommended that the delivery
of all affordable housing be coordinated through the City's Community Improvement Department,
and that all public and private agencies, housing providers and financial institutions be asked to
jointly participate in this coordinated effort to facilitate the delivery of affordable housing
throughout the City of Delray Beach; and
Whereas, the initial three-year Program (Renaissance) proved to be a successful collaborative
partnership resulting in an effective and efficient delivery of affordable housing units and initiatives
throughout the City, and the principal partners in the program recognize this success, the program
will continue for an additional two year period to be recognized as the Delray Beach Housing
Renaissance Program.
Thus, the Program was formed to:
1. Revitalize blighted communities and neighborhoods, with a primary focus on the designated
target areas of the City's CDBG and CRA geographic boundaries (see Exhibits "C" and
"D"). New construction of housing units is limited to the CDBG target area;
2. Create the oppommity to provide a viable economic mix of income levels within the
designated target areas, through the provision of homeownership assistance (for households
not exceeding 120% of median income for area -- determined annually) (City funds to assist
homebuyers not exceeding 80%);
3. Provide decent, safe, affordable housing (and suitable living environments), for households
determined to be very low (1% - 50%) and low (51% - 80%) income;
4. Encourage private sector homebuilders and rehabilitation contractors to
construct/rehabilitate new/existing affordable housing units within the City of Delray Beach
corporate boundaries. New housing construction will continue to be limited to the
designated CDBG target area. Buildable, vacant residential lots will be provided to
participating non-profit partner organizations and eligible families/customers. Existing units
requiring rehabilitation (acquisition/rehabilitation) will not be subject to mandatory target
area restrictions;
5. Provide participating building/rehabilitation contractors and non-profit organizations access
to construction'financing through a non-profit consortium of lenders known as the
Community Financing Consortium, Inc., (CFC) as well as other interested lending
institutions involved in the underwriting and financing of affordable housing;
6. Subsidize owner occupancy of affordable single-family residential detached housing units
with sale prices ranging between $50,000 and $107,949 (existing) / $115,000 (new
construction) (CRA funds to be used up to $134,000 for new construction);
7. Provide an oppommity for area residents to receive homebuyer education, and develop
homeownership skills;
8. Provide for a comprehensive, coordinated approach to the delivery of affordable housing
maximizing the ability to leverage available funds and stabilize residential neighborhoods
within the designated target areas;
Whereas, the participants of the Program have committed specific funding allocations to the
further creation and success of the continued program (see Exhibit B); and
Whereas, the participants of the Program have identified their respective roles and
responsibilities under the Program to include the following;
CITY OF DEl_RAY BEACH (Community Development Division)
· To administer available grant funds (for homeownership opportunities) and ensure
compliance with all applicable governing regulations, statutes, local and state laws, and
program specific requirements;
· To exercise due diligence and responsible decision making to ensure that program funds are
committed and expended in the most expeditious and efficient manner possible (i.e. best use
of funds); subsidy awards to be approved in accordance with Policies and Procedures
contained herein;
· To undertake overall coordination, monitoring and reporting of all program requirements
related to the City administered funds under the Program;
· To maintain the availability of funds to be used as subsidies under the City's annual SHIP
allocation; the City will maintain its authority to approve/deny all Renaissance deals (on an
individual basis) requesting subsidy assistance from the City;
· To refer program applicants and interested persons to the non-profit Renaissance partner
agencies for credit counseling (if needed), application submittal, and mortgage qualification;
the City will ensure that all grant recipients under the Program are channeled through the
non-profit CDC partners;
· To act as the clearinghouse on behalf of all partners, coordinating the approval and advance
of subsidies (in accordance with program requirements) for eligible home buyers, and
providing income certifications for each program participant and/or lot;
· To continue providing appropriate incentives to units constructed under the Program as
defined under the City's approved Local Housing Assistance Plan (LHAP), required under
the State SHIP Program;
2
· To establish an intake and processing system governing the evaluation and approval of
individual and aggregated financing packages requiring subsidy assistance from the City;
· To provide technical assistance on grant applications designed to leverage partnership
dollars and when necessary, identify and recommend to the City Commission the
submission of appropriate grant applications (where needed) to further the success of the
City's affordable housing programs;
· Provide customary municipal permitting, inspections and services for all units
constructed/rehabilitated under the Program;
· Provide additional professional construction/rehabilitation inspections and services through
the Community Development Division for all units constructed/rehabilitated under the
Program. Payment of all invoices for rehabilitation work conducted will be approved
following (CD) inspection and approval of all invoiced items. Rehabilitation subsidies will
be held and disbursed by approved Title Companies. All acquisition/rehabilitation deals will
require pre-inspection and approval of "scope of work" prior to subsidy encumbrance or
approval;
· To provide incremental payments in the form of "developer fees" to the non-profit partner
agencies for eligible homebuyers under the Program not to exceed $3,000 per home
purchase. Fees will be provided as follows (following CD inspection and approval) for
acquisition/rehabilitation deals: 40% at closing; 60°4o at C/O /final inspection and final
draw. Fees will be provided as follows (following CD inspection and approval) for new
construction deals: 25% at closing; 25% draw at #2; 25% draw at #4; 25% at C/O /final
inspection and final draw. Authorized developer fees will be distributed as follows:
Acquisition/Rehabilitation deals- Title Company; New Construction - CD Division;
· To make available (based on supply) City acquired vacant lots to potential home buyers or
participating non-profit CDC parmers as a means of subsidy, further ensuring the
affordability of new units;
· To facilitate the construction of infrastructure improvements such as sidewalks, streets and
lighting when appropriate to facilitate the construction of in_fill housing units (at the
discretion of the City);
· To give priority consideration for subsidy assistance to applicants residing and/or working
within the City of Delray Beach at time of application; the CD Division will compliment
the marketing efforts of the non-profit CDC partners by marketing the fn'st-time home buyer
program(s) through our established network of Homeowners Associations;
· To evaluate and determine the cost effectiveness of each deal submitted for subsidy
consideration (construction and fmancing); the City will also monitor availability of housing
choices (i.e. cost, size, elevation, etc.);
· To continue providing specific construction permit fee waivers for all applicable new
construction deals under the Renaissance Program;
· To monitor all recorded Promissory Notes to ensure the recapture of invested funds where
necessary; each subsidy will be provided in the form of a second (forgivable) mortgage to
the property;
· To ensure that architectural plans and designs used are compatible with neighborhoods
impacted, by providing recommendations and suggestions;
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DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA)
The Delray Beach Community Redevelopment Agency, ("CRA"), is a public agency established by
the City for the purposes of promoting commercial and residential redevelopment within the City's
designated redevelopment area. The CRA shall provide monies as shown on Exhibit "B"; it's role
as a Partner shall be:
· To provide second and/or third mortgage assistance to families between 80% and 120% of
median income. The CRA will make available $50,000 annually in the form of subsidies to
assist those families to reduce a portion of the cost of the home in order to lower the end
price to the homebuyer. At no time shall the CRA's subsidy exceed 100% of the appraised
value of, the home as established by the lender's appraisal (funds are available for each fiscal
year. However, there is no carry over of any balance to the next fiscal year);
· CRA funds are available for use only within the CRA targeted area and not in the lager
corporate boundaries.
· To provide an inventory of available vacant lots within the target area. Lots would be
provided to home buyers by either an assignment of the contract and/or through a Request
For Proposal ("RFP") process as dictated by State Statutes. The RFP would be responded to
by a non-profit housing sponsor with a comprehensive plan of development on behalf, of the
individual homebuyer;
· To provide appraisals, soil borings, and surveys on lots purchased and/or contracted. The
soil borings and surveys would be reimbursed to the CRA by the contractor and/or
homebuyer at the time of closing of the construction/permanent loan by the homebuyer;
· To make those architectural plans purchased under the "Affordable Housing Design
Competition" or any other plans the CRA may provide from time to time, available to the
homebuyer, non-profits and builders at a cost of $500 each. To work with the approved
builders and non-profits to review elevations and floor plans and provide recommendations
and/or suggestions regarding improvements, cost to be included in the purchase price of the
home, prior to contracting with a homebuyer. The CRA will provide a one time only
reimbursement to builders and/or their architects subject to CRA Board approval for
architectural fees to accommodate changes in elevations;
· To provide technical assistance to both the Delray Beach Community Development
Corporation and the Center for Technology, Enterprise and Development, Inc. to provide
financial assistance, to assist with grant applications to leverage partnership dollars, and,
when applicable, be an applicant or co-applicant with one or more of the panners in the
program;
· To provide a loan guarantee to any qualified "Renaissance" Builder for a model home and
who needs credit enhancement in order to obtain a construction loan. The loan guarantee
shall be limited to maximum amount of 25% of'cost of construction, but in no case to exceed
$20,000. Only one loan guarantee will be issued to a builder at a time subject to the CRA
Board approval on a case by case basis. The CRA will offer to reimburse the Builder, upon
request, for construction loan interest charges incurred during the period the home is utilized
as a model. The maximum amount shall be limited 90 days of interest, but in no case to
exceed $1,500.00. The commencement date shall be the date the City of Delray Beach
issues a "Certificate of Occupancy". The termination date shall be the date of closing to a
third party or 90 days from the commencement daJ_e, whichever is less.
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THE' COMMUNITY'FINANCING CONSORTIUM, INC. (CFC)
The Community Financing Consortium Inc., is a not-for-profit corporation involved in the
processing of first mortgage construction and permanent loans for affordable housing applicants.
The CFC's role as a Renaissance Partner shall be:
· To provide technical assistance in grant applications to leverage partnership dollars and
when applicable, be an applicant or co-applicant with one or more of the partners in the
program;
· To organize and provide a credit clearing/incubator program that will enable certain
applicants to become mortgage worthy;
· ~To organize and provide a two session, six hour mandatory homebuyer/homeownership
training session for homebuyers. Attendance would be monitored and certification issued
upon successful completion. Completion of the first session would be a requirement for
loan closing;
· ~ To provide a commitment for first mortgage financing to affordable housing applicants, at a
rate 50 basis points below the prevailing FNMA 30 day mandatory rate;
· To recommend to the partners, the amount of junior mortgages required for an individual
homebuyer;
· To provide loan processing and mortgage financing to homebuyers and participating non-
profit organizations participating under the Program. The loan processor shall be available
in Delray Beach;
· To comply with monitoring and reporting requirements of funding sources such as the State
SHIP Program and the Federal Home Loan Bank of Atlanta (AHP).
DELRAY BEACH HOUSING AUTHORITY
The Housing Authority's role as a Renaissance Partner shall be:
· To continue to provide subsidy assistance for very low-income homebuyers in the form of
junior mortgages; funds will be provided until the total amount originally allocated to the
Program ($60,000) is fully expended. Since program inception, the Housing Authority has
contributed approximately $35,432 in subsidy; a current estimated balance of $24,568
remains and is available for eligible applicants under this new agreement;
· The Housing Authority's funds are targeted to assist very low and low-income (up to 65% of
area median income) families in the transition towards self-sufficiency and permanent home
ownership.
NON-PROFITS: THE TED CENTER AND THE DELRAY BEACH CDC
The two (2) non-profit partner agencies in the Program will continue to act as thc primary housing
packagers for all homeownership packages under the Program; they will remain responsible for
guiding Program homebuyer applicants from application/pre-qualification to loan closing, and
finally, through thc construction/rehabilitation process; the agencies will act as the
applicant's/buyer's agent or representative through the receipt of the required CD approval, and
Certificate of Occupancy (C/O) and/or Final Inspection from the City of Dekay Beach. Processing
and development services will be compensated (in part) through the payment of reasonable
"developer fees" to be paid by the City of Delray Beach as a component of each housing package.
Fees generated will not exceed $3,000 per package. Additionally, the two (2) agencies will
participate in the submission of grant applications.
The non-profit Partners will also
· Submit only completed packages to the CD Division for review and initial approval; request
packages will not be reviewed and funds will not be encumbered unless/until the package is
complete (including financing/lender documents). Once determined complete and eligible,
funds will be conditionally encumbered (award contingent upon City Commission
approval);
· Submit files including a cover page delineating homebuyer's name, property location, family
size, and other narrative information describing specifics of the purchase (including current
file submission checklist);
· Provide marketing opportunities for approved builders; required participating builders to
maintain the minimum availability of three (3) different home models (varying floor plans,
elevations, sizes, price ranges, etc.) at all times. A description of marketing tools utilized,
builder opportunities provided, and new initiatives undertaken by each of the non-profit
agencies will be made available to the Partner agencies periodically;
· Ensure that each acquisition activity contains a rehabilitation component; for our purposes,
"rehabilitation" means repairs or improvements which are needed for safe or sanitary
habitation, correction of code violations, or the creation of additional living space; cosmetic
improvements including painting (by themselves) do not fit this definition;
· Act as project developer by acquainting builders with program guidelines, code
requirements, and housing specifications, and to oversee the entire construction process (as
the applicant's / buyer' s representative);
· Be responsible for ensuring that all builders/contractors utilized are licensed appropriately
and capable of performing all necessary work. The agencies will further be responsible to
ensure that all applicable permits, inspections, and fees are obtained and paid (as required
for the respective scope of work) per housing package;
· Respond to lot sales offered by the City and CRA which require home buyer applicants to
have a comprehensive plan of development and a non-profit sponsor as co-applicant;
· Provide assistance to applicants / homebuyers in obtaining a residential mortgage (loan
packaging) from the lender of choice. The non-profit agencies will prepare the completed
applicant files (to include request for subsidy assistance) and submit the same to the City of
Delray Beach Community Development Division for evaluation and processing, no later
than three weeks prior to the anticipated/targeted City Commission Meeting date.
6
Homebuyer packages must contain up to date income verification documents (not older than
30 days) upon submission to the City for review;
Refer applicants for (or provide) credit repair and/or counseling in order to qualify for a
(primary) mortgage;
· Provide pre-qualification and credit counseling/repair for home buyers, assist them with the
builder's construction contract and in selecting a vacant parcel to purchase;
· Serve as agent for the homebuyer in all communications with the selected builder;
· Ensure a timely completion of construction proceedings, as the buyer's agent;
Participate in a formal "walk-through" with the homebuyer (as the representative) at project
completion and prepare a "punch list" for required finishing work, in an effort to monitor
overall quality;
· Apply for grants designed to enhance program development and capacity. To act as lead
applicant or co-applicant in partnership with members of the Program;
· Provide homebuyer education workshops and seminars, including home maintenance and
repair, homestead exemption, code enforcement compliance issues, residential insurance,
and budget planning;
· Ensure clear/marketable title is obtained for all properties to be purchased, conveyed, or
made part of in any way, a subsidy request package submitted to the City for assistance;
· Identify and seek out available funds to be used for leveraging existing program dollars such
as the Palm Beach County Commission on Affordable Housing (CAH) - Housing Trust
Fund.
GOALS OF THE TWO (2) YEAR PROGRAM
The Partner agencies involved in this Program will provide senior and junior mortgages, packaging
services, home buyer assistance, and program compliance support in relation to the provision of
approximately twenty (20) affordable home purchases (ten per year) over the period of this
agreement. All assistance packages may be in support of new home construction. As many as ten
(10) packages (five per year) are targeted to be in support of the acquisition/rehabilitation of
existing homes.
TIME OF PERFORMANCE
This new agreement shall be in effect during the period March 1, 1999 to February 28, 2001. All
roles and responsibilities shall be undertaken and performed in such sequence as to assume their
expeditious completion in light of the purposes outlined herein. An extension of this Agreement
shall be by consent of each participant.
TERMS AND CONDITIONS, POLICIES AND PROCEDURES
The Participants agree to comply with and be bound by all the terms and conditions of the
Agreement. Refer to Exhibit "E" for a detailed listing of Policies and Procedures.
TE RMINA TI 0 N
The Participants agree to cooperate in carrying out the purpose of this Agreement. Failure to do so
of the parties shall warrant termination of the Agreement provided notification is given in writing
within thirty (30) days prior to the effective termination date.
"IN W1TNESS WgEREOF, the parties hereto have 'erffered into this Agreement as of the d~*'-and
year first above written.
ATTEST: ?' CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Mayor, Jay Alperin
Approved as to Form: CO~~~LoPMENT AGENCY
By: k_/F~K.~ ~
City Attorney ~.. ~hristopher Brown, Executive Director
DELRAY BEACH COMMUNITY DEV. cORP.
Wimess: By:C~
Charles Broadnax, Chairman of the Board
DELRAY BEACH HOUSING AUTHORITY
Thomas Came>,, Jr., ~a~ of the Board
T.E.D. CENTER (~.
Seabron Smith, Executive Director
EXHIBIT "A"
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
*90 OF MEDIAN AREA PURCHASE PRICE
Daytona Beach MSA 106,365 71,685
Fort Lauderdale PMSA 124,187 108,725
Fort Myers - Cape Coral MSA 121,536 102,242
Fort Pierce - Port St. Lucie MSA 92,644 95,682
Jacksonville MSA 106,017 92,490
Lakeland - Winter Haven MSA 87,121 57,535
Melbourne - Timsville - Palm Bay MSA 110,749 90,845
Miami PSMA 119,439 113,418
Naples MSA 106,365 118,264
Orlando MSA 95,838 101.707
Punta Gorda MSA 106,365 79,463
Sarasota - Bradenton MSA 106,711 94,995
Tallahassee MSA 106,365 90,055
Tampa - St. Petersburg - Clearwater MSA 88,679 83,491
Monroe County 135,714 124,875
Other Areas 106,365 98,523
*Source: Revenue Proclamation 94-55, U.S. Department of Treasury.
.-..7
EXHIBIT "B"
SOURCES OF FUNDING
SOURCE DOLLAR AMOUNT (Not to exceed per year)
City of Delray Beach (SHIP Funds) $195,000
Community Redevelopment Agency (CRA) $ 50,000
Delray Beach Housing Authority $ 24,568 (Total - until expended)
Federal Home Loan Bank of Atlanta (FHLBA) $ 252,974 *
The deadline for drawing down FHLBA (AHP) funds under this project was extended to
June 30, 1999. According to the FHLBA, any AHP subsidy funds which have not been
drawn down by this deadline will be released and made available to eligible AHP alternates,
if any, or in the Bank's next competitive AHP offering. A second six (6) month (draw
down) extension can be requested by the partnership prior to June 15, 1999 (if needed).
· Remaining AHP funds can only be used to assist homebuyers at or below 50% of the MFI.
· CRA funds are new for FY 1998-99 and FY 1999-2000. City of Delray Beach available
funds are representative of the (partial) LHAP approved use of SHIP dollars for FY's 1998-
99 and 1999-2000. Delray Beach Housing Authority and FHLBA available funds represent
balances from the respective original Renaissance program funding commitments.
· The City of Delray Beach anticipates providing additional Program support in the form of
approximately $12,000 (per year) in specific permit fee waivers. The waivers are included as
a component of the subsidy package since credit is passed on to the buyer and the selling
price is effectively reduced. An average of $1,200 per un/t in fee waivers is estimated for as
many as ten (10) newly constructed units.
EXHIBIT "C"
(MAP DEPICTING CITY OF DELRAY BEACH CDBG TARGET AREA)
EXHIBIT "D"
(MAP DEPICTING CITY OF DELRAY BEACH CRA TARGET AREA)
EXHIBIT ~'E"
(DELRAY BEACH RENAISSANCE PROGRAM POLICIES AND PROCEDURES)
15
The Delray Beach Renaissance Program
Policies and Procedures
I. Purpose
The Program is a continuation of the jurisdiction's coordinated approach to housing delivery that
utilizes the expertise and resources of various affordable housing providers throughout the City.
The Program was originally designed and continues to provide homeownership opportunities to
eligible homebuyers through new construction and acquisition/rehabilitation of existing homes.
This continuation Program covers March 1, 1999 through, February 28, 2001.
Speci~cally, the Program has as its purpose:
· To provide decent, safe, sanitary, and affordable housing for very low and low-income
households on a citywide basis.
· To assist in the development of new homes and acquisition/rehabilitation of existing homes
for first time homebuyers.
· To revitalize deteriorated conditions and stabilize existing neighborhoods within the CDBG
target area (new construction) and Citywide (acquisition/rehabilitation).
· To support and create additional opportunities to provide viable economic mixes of income
levels within the target areas (CDBG/CRA).
· Implementation of a comprehensive home building and community revitalization initiative.
Resources from each partnership participant will be leveraged to reduce the cost of housing
for very Iow and Iow-income homebuyers.
· To directly impact the "affordability" of homes purchased by supporting purchases in which
monthly mortgage payments, including taxes and insurance, do not exceed 30% of an
amount representing the percentage of the area's median annual gross income for the
household. However, housing for which a household devotes more than 30% of its income
may be deemed affordable if the primary mortgage lender is satisfied that the household can
afford mortgage payments in excess of the 30% benchmark.
· Through various incentives, encouragement of private builders to construct (new) affordable
housing within the target area (CDBG).
· To market oppommities to all potentially eligible homebuyers, with priority consideration
given to applicant families residing and/or working in the City of Delray Beach.
· Provision of construction financing opportunities for participating builders and non-profit
organizations through a consortium of lenders called the Community Financing Consortium,
Inc. as well as other interested lending institutions involved in the underwriting and
financing of affordable housing.
· To encourage the participation of interested institutional first mortgage lenders throughout
the community in an effort to increase opportunities for the homebuyers and lending
community.
· To create a mix of affordable housing units with sale prices ranging between $50,000 and
$115,000 ($107,949 existing) ($134,000 CRA/new construction).
16
· To provide an opportunity for area residents to receive homebuyer education, credit
counseling and repair, develop homeownership skills, and obtain mortgage approval.
· To provide an affordable housing delivery system that supports and encourages the
commitment of maximum first mortgage capacity (and affordable front/back end ratios) for
all homebuyer packages.
II. Approval
These policies and procedures require approval by the Dekay Beach City Commission, Delray
Beach Housing .Authority, Delray Beach Community Redevelopment Agency, Community
Financing Consortium, Inc., and the governing boards of the Delray Beach Community
Development Corporation and the Delray Beach Center for Technology, Enterprise and
Development, Inc.
III. Administration
Overall administration of this Program shall be in accordance with the Memorandum of
Understanding entered into between the Parmers: The City of Delray Beach, the CRA, the Delray
Beach Housing Authority, the TED Center, Inc., the Delray Beach CDC, the Community Financing
Consortium, Inc., and the FHLBA (AHP).
Implementation and monitoring of compliance with these policies and procedures shall be the
responsibility of the City of Delray Beach Community Development Division Coordinator, the
Executive Directors of the Housing Authority, the Community Financing Consortium, the CRA,
and the TED Center, and the President of the Delray Beach CDC.
IV. Program Description
The following is a summary of homebuyer eligibility criteria and overall procedures for
implementation of the various components of the Program (unless revised due to
regulatory/program revisions associated with the funding source(s)).
1. Home Building
This strategy involves the provision of as many as twenty (20) single-family units during the two (2)
year agreement period (ten per year). All units may be newly constructed; however, a maximum of
ten (10) (50%) of assisted units will be authorized under the acquisition/rehabilitation of existing
units component of the strategy (five per year), during the two year agreement period. All existing
unit acquisitions must contain a rehabilitation component. A minimum of 60% of all subsidies
provided by the City of Delray Beach must serve to benefit households categorized as very low
and low-income. Priority assistance will therefore by given to those households. Assistance will
however be provided for households not exceeding 80% of the MFI for this area (revised annually).
Subsidy funds will be made available for eligible homebuyers under the City's SHIP Program, the
Delray Beach Housing Authority, the CRA's Affordable Housing Program, and the Federal Home
Loan Bank Affordable Housing Program. The amount of subsidy combined dfrom all sources shall
never exceed the amount allowable in accordance with the subsidy grid provided below and made
part of this Agreement.
New construction of housing units is limited geographically to the designated CDBG Target Area.
Acquisition/Rehabilitation of existing units is permitted as follows: it is anticipated that no more
than three (3) packages (of the five allowable) assisting such activities outside of the CDBG/CRA
Target Areas will be authorized per year (during this Agreement period). This incentive is to further
encourage redevelopment efforts within the City's core need areas, while not restricting the
geographic choices ofhomebuyers.
2. Additional Eligibility and Priority Considerations ·
a. Subsidy Limits - Program applicants under the Program will be processed on a fn'st come,
first served basis. Total subsidy assistance (maximum allowable) will be provided to
eligible program applicants in accordance with the following Subsidy Assistance Grid:
Percentage Number of Persons in Household
Of Median I 2 3 4 or more
0 - 40% 21,250 22,500 23,750 25,000
41 - 50% 20,187 21,375 22,562 23,750
51 - 60% 19,125 ~0,250 21,375 22,500
61 - 70% 17,214 18,228 19,238 20,250
71.80% 15,300 16,200 17,100 18,000
The use of funds committed by the Delray Beach Housing Authority and the Federal Home
Loan Bank of Atlanta is restricted to households with incomes not exceeding 65% of MFI
for the area.
Households with incomes not exceeding 120% of MFI for the area are eligible for assistance
under the CRA Program component of this partnership.
In calculating the value of the total subsidy package, neither the waived building permit fees
(which would normally be charged for new home construction), nor the value of reduced
impact fees (which are available to units constructed on lots with prior residential use) are to
be considered part of the total subsidy amount.
b. Resident/Employment Status: applicants (documented) residing and/or working within the
corporate limits of the City of Delray Beach will be given priority consideration for
assistance.
c. Family status: parental households with dependent children shall be given priority
consideration for assistance.
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d. Credit Worthiness: a credit report will be requested and reviewed by the
participating/selected lender. Those households meeting lender credit standards will be
further processed. Those households that can not meet underwriting standards/requirements
will be referred for credit counseling and other necessary services.
e. Package Requirements: only those applicant packages submitted to the City for funding
assistance consideration which are complete and comply with all documentation
requirements will be given consideration (on a first come, first served basis).
f. Income: household income will be computed in accordance with State Housing Initiatives
Partnership (SHIP) Program guidelines (as well as other applicable funding source
guidelines). Income is considered to be the total for all persons residing within the
household; income limits are adjusted for family size. The same will be verified by signed
employer verification, income tax records, current payroll documentation, and other
necessary means, as needed.
g. Special Needs: persons/households determined to have "Special Needs", in accordance with
the SHIP Rule at 91-37.002 and other cases determined by the City (such as FSS
participants), shall be given priority and special consideration for assistance.
h. Debt Ratio (Affordability): all applicants will be screened based upon the primary lender's
income to housing debt ratio requirements. Housing expenses (PITI) shall not exceed 30%
of the MFI (for the area) adjusted for family size for the income category into which the
household/applicant falls. Exeption to this ratio w/Il be considered if a mortgage amount
resulting in a monthly payment in excess of 30% is approved by the primary lender.
i. Public Housing/Section 8 Tenants: subsidy assistance provided by the Delray Beach
Housing Authority (Partner) will give preference to eligible families/households residing at
the Carver Estates Public Housing Complex or receiving Section 8 rental assistance.
j. Homebuyer Contribution: each homebuyer household must contribute a minimum of two
(2) percent (%) of the total purchase price at time of closing.
k. Local First Time Homebuyers Provision: first .time homebuyers include displaced
homemakers, single persons, and families who have not owned a home within three (3)
years prior to application for housing assistance.
1. Local Homebuyer Asset Limitation: homebuyers with household liquid assets in excess of
$15,000 will be required to decrease their asset value to under $15,000 through an additional
homebuyer contribution. Liquid assets to be analyzed case by case.
3. Homebuyer Assistance
a. Assistance with Construction Financing: forgivable no interest loans may be made for
"gap financing" purposes; principal reduction; payment of closing costs and impact fees
(ordinances adopted by Palm Beach County and the City of Delray Beach do not allow the
waiver of impact fees) associated with the construction of new affordable housing units.
Subsidy funds provided will be secured in the form of a second mortgage on the property
and run for a period of five years for loans less than $15,000 and ten years for loan amounts
of $15,000 or more, with a 0% interest rate. Each assistance recipient must agree that during
this period, if the household sells or transfers the property, except to pay for major health
care expenses or by inheritance at death, then the household shall repay to the City the
unamortized portion of the forgivable loan. The City shall determine on a case by case basis
whether "major" health care expenses have been incurred by the households.- -'~
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For each year the household resides in the property as their principal residence, 1/5 or 1/10
of the assistance amount provided will be forgiven. Subsidy assistance provided via the
FHLBA AHP will be secured by a third position mortgage.
New construction of units will continue to be limited geographically to the City of Delray
Beach Community Development Block Grant (CDBG) target area. Each construction
package will be evaluated by Community Improvement Department/Community
Development Division staff to determine cost feasibility/effectiveness and to ensure an
efficient application of subsidy funds. All applicable construction documents will continue
to be required for submission to the City for evaluation. The City reserves the right to
evaluate each proposal and deny the award of subsidy based on the above. All construction
activities for which City subsidy funds have been awarded in support of must be
accomplished in an expeditious fashion.
Allowable "developer" fees (per package) for new construction activities will be provided
by the City as follows: 25% at closing; 25% draw at #2; 25% draw at #4; and25% at C/O /
final inspection andfinal draw. The Community Development Division must also confn-m
that work standards and permitting and inspection requirements have been met. Participating
lenders/providers of first mortgages will be required to provide documentation to the City of
Delray Beach delineating final payment (in accordance with draw schedule) of construction
funds to the selected construction firm, within fifteen (15) days of final payment. Lenders
will continue to administer construction draws. However, allowable "developer fees"
associated with new construction activities will be distributed by the City of Delray Beach
CD Division.
The City will continue to provide Affordable Housing Incentives for the new construction of
single-family (owner-occupied) housing units under the Renaissance Program, including: an
expedited permitting process, reduction of parking and set back requirements, reduction of
local landscape requirements, and the waiver of (specific) permit fees.
b. Acquisition/Rehabilitation of Existing Units: forgivable no interest loans may be made for
"gap financing" purposes; principal reduction; and payment of closing costs in support of
existing home purchases for eligible first-time homebuyers. Subsidy funds provided will be
secured in the form of a second mortgage on the property and nm for a period of five years
for loans less than $15,000 and ten years for loan amounts of $15,000 or more, with a 0%
interest rate. Each assistance recipient must agree that during this period, if the household
sells or transfers the property, except to pay for major health care expenses or by inheritance
at death, then the household shall repay to the City the unamortized portion of the forgivable
loan. The City shall determine on a case by case basis whether "major" health care expenses
have been incurred by the household.
For each year the household resides in the property as their principal residence, 1/5 or 1/10
of the assistance amount provided will be forgiven. Subsidy assistance provided via the
FHLBA AHP will be secured by a third position mortgage.
20
The City of Delray Beach anticipates the support of a" maximum of five (5)
acquisition/rehabilitation assistance packages per year during the period covered by this
agreement (maximum of ten). It is anticipated that no more than three (3) packages (of the
five allowable) assisting purchases located outside of the CDBG/CRA Target Areas will be
authorized per year (during this Agreement period). This incentive is to further encourage.
redevelopment efforts within the City's core need areas, while not restricting the geographic
choices of homebuyers.
All existing unit acquisition packages must contain a rehabilitation component. Those deals
claiming eligible rehabilitation work which was completed by the seller (during the previous
twelve month period) must submit a listing of the specific rehabilitation items/tasks
accomplished (by line item and amount) and actual receipts/paid invoices for the
corresponding work. The same must be included as components of the "complete" package
submitted for evaluation. The Community Development Division will review the listing and
receipts, determine their eligibility in accordance with program guidelines, and perform a
physical inspection of the property.
Ail existing unit purchases will be inspected by the Community Development Division as a
component of the evaluation process. This will be accomplished by the Division's Housing
Rehabilitation Inspector and Community Development Coordinator or Affordable Housing
Administrator. The Division will certify all work claimed to have been accomplished by the
seller and ensure that all other local requirements are met. Acquisition packages requiring
post-closing rehabilitation proceedings must submit a listing of the specific proposed
rehabilitation items/tasks to be addressed (by line item and amount). The Division's
Inspector will inspect the unit to ensure that requested repairs address (at minimum) all
safety, sanitary, and habitation issues, and correct all code violations. The proposed scope of
work will be evaluated for cost effectiveness. Under certain circumstances, additional work
may be required, in order to bring the unit(s) up to acceptable standards.
Rehabilitation funds will be held in escrow and distributed by the retained title company for
each package. Applicable "developer" fees will be escrowed and distributed as well. All
construction draws must be submitted to the CD Division for review and approval, prior to
the release of funds from escrow. The Division Coordinator will authorize the payment of
each draw (not to exceed five) as a required signature to release funds from the Title
Company (as per the approved Escrow Agreement). The selected title company(s) must be
willing to execute the escrow agreement in order to participate. Allowable "developer"
fees (per deal) will be provided by the City as follows: 40% at closing; 60% at C/O !
final inspection and final draw. The selected Title Company as a component of the draw(s)
will also distribute such fees. In such instances where the Title Company does not
participate, the City of Delray Beach will escrow and distribute the funds (same procedures).
21
Rehabilitation scope of work (change orders)/Reimbursements
Reimbursements will be processed for work/items included in the approved rehabilitation
"scope of work" as per closing documents (derivations must be approved in advance by the
homebuyer, selected contractor, and Community Development Division). City funds will not
reimburse "unapproved" work/items. Prior to the release of funds, CD Division staff will
inspect all invoiced work to ensure completion, quality standards, and compliance with all
codes and requirements. The City will only reimburse work/items that has been
completed/installed and meets the following additional requirements. Invoices requesting
payment for completed/approved work must provide specific accomplishments (by line
item) with the corresponding mount(s), as per the approved scope of work.
Selected contractors are not permitted to perform additional work related to the property to
be paid by an alternative source (i.e. additional tile work, porch enclosure, landscaping
additions, etc., to be paid by the homeowner), while the City approved construction is
underway~ All required/applicable permits must be obtained prior to the commencement of
work; copies of permits, proof of inspection approval(s), and the approved (and amended, if
applicable) scope of work must be posted "in clear view" at the job site during all stages of
the rehabilitation. Only licensed contractors are permitted to participate in the
acquisition/rehabilitation program.
The City reserves the right to withhold payment based on the above requirements. In such
instances, funds will be released following the adequate and complete correction of all noted
issues of non-compliance. All work performed must include a warranty covering at least a
one (1) year period following final payment and job completion. Construction comparfies
determined to present continual instances of non-compliance and/or poor quality
workmanship will be subject to program suspension and possible termination from program
participation. Instances wherein warranty work is not adequately addressed and corrected
will be treated as "abandonment." All issues of "abandonment" will be documented and
reported.
The Community Development Division will apply all standards/requirements consistent
with those governing the Division's comprehensive Housing Rehabilitation Programs for
owner-occupied households.
4. Recapture Provisions
Families/households assisted under the Renaissance Program shall be contractually subject
to Recapture Provisions through the recording of a second mortgage and promissory note, as
set forth in the City of Delray Beach Local Housing Assistance Plan (LHAP). These
provisions require that the purchasers occupy the assisted (subsidized) unit as their principal
residence for a period of five years for loans less than $15,000 and ten years for loan
amounts of $15,000 or more. Otherwise, the purchaser(s) will be obligated to repay a
prorated portion of the subsidy award. Any moneys recaptured through the sale of a
subsidized property within the designated period shall be returned to the applicable subsidy
program account and made available to another eligible first-time homebuyer.
22
The second mortgage and promissory note will be recorded in the Public Records of Palm
Beach County. The City of Delray Beach will be notified (as a lien holder) upon sale of the
subject property.
5. Application Process / Loan Processing
Applications for (affordable housing) assistance under the Program may be obtained from
the City of Delray Beach (and the network of Homeowner's Associations), Delray Beach
CRA, Delray Beach Housing Authority, TED Center, and Delray Beach CDC. Each
application for assistance under the Renaissance Program will be initially processed by
either the TED Center or the Delray Beach CDC. Interested persons receiving applications
from the CD Division will 'be referred to the Delray Beach CDC and TED Center on a
rotating basis. Upon receipt of application, the non-profit partner agency shall evaluate the
applicant household and determine eligibility (in accordance with Renaissance Program
guidelines and program regulations). The agency will provide pre-qualification services,
credit counseling and repair, housing unit and lot selection, building contractor selection
assistance, homebuyer education, provide homeownership skills training, and give priority
assistance to applicants residing and/or working within the City of Delray Beach at time of
application. The agency will guide each applicant from application/pre-qualification to
loan closing, and finally, through the construction/rehabilitation process.
Upon successful pre-qualification, eligibility and preparation of all necessary documentation
(as required by the City of Delray Beach), the non-profit parmer agency shall submit a
comple.ted applicant file to the CD Division and request the estimated amount of subsidy
needed. Complete files must be submitted at least three (3) weel~s in advance of the
anticipated/targeted City Commission meeting. It will be the responsibility of the non-
profit partner to ensure that the selected primary lender's financing documents are submitted
to the CD Division concurrently.
Upon receipt of the completed applicant package from the non-profit Partner agency, the CD
Division shall evaluate the applicant information and determine eligibility in accordance
with this Program Agreement, governing program regulations/guidelines, cost principles and
other applicable federal, state, and local regulations. A determination letter will be sent
directly to the applicant prior to the targeted City Commission meeting date. The
determination will tentatively encumber an estimated subsidy amount for the applicant
household (subject to final award). Once the in-house analysis and eligibility determination
is completed and the applicant is approved for funding consideration by the City
Commission, the package will be presented to the Commission for approval and a final
award determination. The CD Division will inform the applicant and non-profit parmer of
this action.
6. Contractor Pre-qualification and Selection Process ....
A minimum of five (5) approved (licensed) builders are needed to participate in the new
construction program. Additionally, at least three (3) of the approved participating builders should
be willing to undertake the rehabilitation work associated with the Acquisition/Rehabilitation
program. The performance of the selected builders shall be monitored by the participating non-profit
agencies and the Community Redevelopment Agency (CRA). Basic contractor requirements for
acceptance into the programs include, but are not necessarily limited to the following:
· Proof of active residential, building or general contractor's license under the state or county
programs.
· Current occupational license.
· Current liability insurance coverage.
· Current Workman's Compensation Insurance or exemption form.
· Demonstrative financial soundness
· Ability to provide a ten (10) year Home Owner's Warranty Program (new construction).
· Ability to provide a minimum of three different floor plans and elevations.
· Ability to provide several choices of affordable units.
· Possess a proven track record in the single family affordable market as attested to by
governmental agencies, non-profit agencies in the field, homebuyers, lending institutions,
and suppliers.
· Ability and willingness to invest $100 for each unit contracted to build/rehabilitate. These
funds are to be used for marketing the Renaissance Program. Per unit funds are to be paid
directly to the participating non-profit partner agencies.
Contractors who..know the following are strongly encouraged to apply:
· General principals of rehabilitation and construction of single family homes.
· Local building codes and requirements.
· What constitutes quality construction and workmanship.
Participating contractors will be expected to:
· Perform quality work.
· Communicate well with others.
· Meet construction deadlines and complete work on time.
· Establish a rapport with unit owners and respect their desires.
· Follow up on warranty work and complaints in a timely manner.
· Follow sound and honest business practices.
7. Mortgage Financing
The selected participating lending institution shall provide all necessary (to include revised) loan
closing documentation and confirmation of loan closing date, to the Community Development
Division at least one (1) week in advance of the anticipated loan closing.
8. Mandatory Homebuyer Seminars
Homebuyers shall be required to attend at least two 3-hour training sessions. One session shall be
held prior to closing as a condition of the loan closing. The second session shall be held close to the
time of occupancy in order to educate each household about the responsibilities of home ownership
and building maintenance. The primary lending institution shall coordinate each session with
assistance from other participants as needed. Proof of completion should be made part of each
applicant's / household's file.
The sessions shall at a minimum include the following topics: 1. Personal finance and planning
2. Credit and borrowing
3. Fair housing issues
4. Maintenance and upkeep
5. Underwriting criteria
6. Property tax information
7. Other information as required by participants and federal/state regulations.
During the period covered by this Agreement, the City will explore additional avenues in support of ,
homebuyer education. Both pre and post-closing educational opportunities will be evaluated for
their potential furore application under the Renaissance Program.
9. Lot Acquisition and Title Repair
The Community Redevelopment Agency (CRA) shall have the primary responsibility of seeking out
vacant (buildable) lots suitable for infill housing. These lots may be purchased outright and then
resold as part of the loan package, or they may be assigned through a lot contract between buyer and
seller and the sale completed at the time of closing.
Vacant lots owned and made available by the CRA and the City of Delray Beach will be cleared of
all title issues/problems prior to conveyance to a potential home buyer.
25
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~.
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF JUNE 15~ 1999
CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/REGAL
CONTRACTORS, INC. (LEON M. WEEKES ENVIRONMENTAL
PRESERVE)
DATE: JUNE 10, 1999
This is before the City Commission to approve closeout Change
Order %1 in the amount of $1,227.00 to Regal Contractors, Inc.
for various revisions and an unforeseen condition associated with
the Leon M. Weekes Environmental Preserve project. The changes
are outlined in the attached memorandum from the Environmental
Services Department.
Final payment in the amount of $26,646.00 is also requested. The
project consisted of constructing a park with pavilion, parking
lot, children's play area with play structures and approximately
2,800 linear feet of walkways within the preserve area. The
project is complete and all warranty documentation received.
Recommend approval of closeout Change Order #1 and final payment
to Regal Contractors, Inc. for completion of the Leon M. Weekes
Environmental Preserve project. Funding will be from 117-4169-
572-63.40 (Recreation Improvements Fund/Leon Weekes Scrub Trail).
Ref: agmemol 9. Regal. WeekesPreserve
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majtenyi~/'~r
Assistant Construction Manager
Date: June 9, 1999
Subject: AGENDA REQUEST for 06/15/99
Leon Weekes Nature Preserve; Change Order #1/Final Payment
Project No. 97-020
Attached is an Agenda Request for City Commission to approve a net add Change Order #1 in
the amount of $1,227.00, and a final payment in the amount of $26,646.00 to Regal Contractors,
Inc. for the completion of the Leon M. Weekes Environmental Preserve project. The project
consisted of constructing a park with pavilion, parking lot, child play area with play structure, and
approximately 2,800 If of walkways within the preserve area.
The following is a list of items covered in this change order with a brief description of each.
Architectural/Engineering Design Revisions
1). Installation of a City purchased three-loop surface mounted bicycle
rack as required by planning. $147.00
5). Relocation of two newly installed trees to accommodate their anticipated
growth, as requested by landscape inspector. 176.00
6). Credit for failed soil test reports. ($51.00)
Owner Requested Revisions
2) This is a credit on the installation of the playground equipment. The
Parks Department arranged for the installation of this equipment with
the supplier. ($2,754.00)
4). This is for additional fencing work requested by the City. This included
realigning the fence posts and adding a double drive gate along the
Buckey Dent property, and adding a single access gate north of the play
area for maintenance along that north property line. $1,621.00
Unforeseen Condition
3) The tie-in for the sanitary sewer service was not where our records
indicated and therefore an additional 45 ft of pipe plus labor and
equipment was required to make the connection to the City system. $2,088.00
Net Add Change Order $1,227.00
L~on Wcckcs Nature Preserve
Change Order # 1/Final, Agenda Request Memo
I of 2
The project is complete and all warranty documentation received. Staff recommends the City
Commission approve Change Order #11Final in the net add amount of $1,227.00 and final
payment in the amount of $26,646.00 to Regal Contractors, Inc. for the completion of the Leon
M. Weekes Natural Preserve project.
Funding is available from account 117-4169-572-63.40, Leon Weekes Srub Trail, Recreational
Improvements Fund.
cc: Joe Weldon; Director of Parks & Recreation
Richard Hasko; Director of ESD
Howard Wight, Deputy Director of Construction, ESD
File 97-030 (A)
s~...\97020~agmern061599
Leon Weekes Nature Preserve
Change Order # l/Final, Agenda Request Memo
2 of 2
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One (1)/Final PROJECT NO. 97-020 DATE:
PROJECT TITLE: Leon M. Weekes Nature Preserve
TO CONTRACTOR: Regal Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of various revisions to the
plans and specifications to the Leon M. Weekes Nature Preserve project.
Miscellaneous changes to contract as outlined in 'Exhibit A" attached.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $211,890.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $211,890.00
COST OF CONSTRUCTION CHANGES THIS ORDER 1,227.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $213,117.00
PER CENT INCREASE THIS CHANGE ORDER 0.6 %
TOTAL PER CENT INCREASE TO DATE 0.6 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 0 CALENDAR DAYS.
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered
opinion, accurate; that the prices quoted are fair and reasonable and in
proper ratio to the cost of the original work contracted for under benefit of
competitive bidding.
CONTRACTOR SIGNATURE (ARCHITECT)
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 117-4169-572-63.40 (Leon M. Weekes Scrub Trail/Recreation Imprv. Fund)
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
ENGINEER/DIRECTOR MAYOR
A'I-rEST:
APPROVED: By:
CITY A'I-I'ORNEY CITY CLERK
s:L..~97020~=nstrctn~co1.doc
EXHIBIT "A"
Leon Weeks Nature Preserve Improvements
Change Orders Summary
Owner Days
I Unforeseen A/E Design Requested Reste
Item # Description Conditions Revisions Revisions d
1 InstallatiOn of bike rack. $ 147.00 0
2 Credit for installation of playgroUnd $ (2,754.00 0
equipment; installed by others.
'1
3 sanitary sewer tie-in; additional 45ff of 6" $ 2,088.0C ' 0
sanitary sewer service to changed tie-in
location.
4 ~,dditional fencing, gates, and realignment $ 1,621.00 0
of existing.
!
5 Relocate inStalled landscaping per $ 176.00 0
landscape inspector and architect.
6 Credit for failed density tests. $ (51.00', 0
Pending ChangeOrders $ 2,088.00 $ 272.00 $ (1.133.00)
Total of Changes $ t,227.00
Total of Pending Calendar Days 0
I:iT¥ DF DELRfl¥ BEI:Z£H
CITY ATTORNEY'S OFFICE ~oo ~,w,~, ^v~,.~. ~,^~
p~L~ B~A~ w~ter's D~ect L~e: 561/243-7091
Ali.America City
1993
TO: Ci~ Co~s~io~
S~B]ECT: ~eso]~tio~ 3g-99 - Se~ing ~blie ~ea~ing fo~ Co~i~e~atio~
O~ove ~tm~ee Speei~l Assess~em District
T~e a~e~e~ ~esol~tio~, if app~o~e~, will set t~e ~ate for ~e p~b]ie ~ea~g ~ega~ing
~e es~b]is~em of t~e P~e~pple O~ove g~tra~ee Special Assessment District.
City Clerk ~il] be ~i]ing ~otiees to t~e ~i~i~al p~ope~
~e assessment ~o~t.
If you have any questions, please call.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
Barron Caronite, Asst. City Engineer
RESOLUTION NO. 38-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE
FOR THE PUBLIC HEARING REGARDING THE CONSIDERATION
OF THE PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT
DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF
NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, at the Juue 1, 1999 meeting, the City Commission declared a necessity for
the improvement of the street entrance to Pineapple Grove Way (N.E. 2nd Avenue) through the adoption
of Resolution 31-9!}; and
WHEREAS, pursuant to the requirements of state law and the City's Land Development
Regulations, a preliminary assessment roll was prepared showing the lots to be assessed and the amount
of the assessments; and
WHEREAS, the City Commission must provide notice of the assessments and hold a
public hearing prior to the adoption of the preliminary assessment roll.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FoLLows:
Section 1. That a public hearing shall be held on July 20, 1999 at 7:00 p.m. at the
Delray Beach City Hall City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida
33444. At the public hearing, owners of the property to be assessed or any other persons interested
therein may appear before said governing authority and be heard as to the propriety and advisability of
making such improvements.
Sectkm 2. That the City Clerk shall mail notice of the public hearing to each property
owner listed in the preliminary assessment roll.
Section 3. That the City Clerk shall publish notice of the public hearing in a
newspaper of general circulation within the county.
Section 4. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on the ~ day of June, 1999.
ATTEST: M A Y O R
City Clerk
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~--~- REGULAR MEETING OF JUNE 15t 1999
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JUNE 9, 1999
Attached is the Report of Appealable Land Use Items for the
period May 31sT through June 11, 1999. It informs the Commission
of the various land use actions taken by the designated boards
which may be appealed by the City Commission.
Recommend review of the appealable actions for the period
stated. Receive and file the report as appropriate.
Ref :Apagmemo/Appealables/6.15.99
THRU: i~'~J~N~'~"~MI~'Z',~ I~LA-I~I~AND ZONING DIRECTOR
FROM: /tlASMIN ALLEN, PLANNER
SUBJECT: MEETING OF JUNE 16 1999 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS MAY 31, 1999
THRU JUNE 11, 1999
The action requested of the City Commission is that of review of appealable
actions which were made by various Boards during the period of May 31, 1999
through June 11, 1999.
This is the method of informing the City Commission of the land use actions,
taken by designated Boards, which may be appealed by the City Commission.
After this meeting, the appeal period shall expire (unless the 10 day minimum
has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also
provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
A. Approved (7 to 0), a request for a color change for Delray Hyundai, an
th
existing automobile dealership, located on the east side of NE 6 Avenue
(Northbound Federal Highway), north of NE 5th Street.
City Commission Documentation
Appealable Items Meeting of June 1, 1999
Page 2
B. Approved (7 to 0), the architectural elevation plan to allow the addition of
awnings for the Bremmer Development, located on the east side of North
Federal Highway approximately 100' north of Bond Way.
C. Approved with conditions (7 to 0), the architectural elevation plan associated
with fa(;ade changes for Delray Ocean Villas Condo, located at the
northwest corner of Gleason Street and Ocean Terrace.
D. Approved (6 to 1, Sittler dissenting), the request to eliminate the condition of
approval requiring the relocation of the ATM for Publix - The Plaza at
Delray, located at the northwest corner of Linton Boulevard and US Highway
No. 1.
E. Approved (4 to 3, Azua-Perez, Branning and Sittler dissenting), a request for
a color change and the architectural elevation plan associated with the
elimination of overhead dooms and windows for Discount Auto Parts, located
on the east side of SE 6th Avenue, between SE 2nd Street and SE 3rd Street.
F. Granted on a 7 to 0 vote a request to extend the site plan approval for SIRS,
Inc. located on the west side of Congress Avenue, approximately 1,000 feet
south of West Atlantic Avenue for eighteen months (expires April 15, 2001).
G. Tabled (7 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a proposed mixed-use
(office/residential) development for La Fontana, located on the east side of
SE 6th Avenue (northbound Federal Highway), approximately 680' north of SE
10th Street. The proposed development would accommodate the office uses
on the first floor with six apartment units on the second floor. The Board
tabled the item to allow the applicant to address further mitigating the
potential incompatibilities with the proposed residential component and the
adjacent residential development.
H. Approved (7 to 0), a Class II site plan modification, landscape plan and
architectural elevation plan associated with improvements to the existing ball
fields and parking areas for Pompey Park, located on the north side of Martin
Luther King Jr. Drive, between NW 10th Street and NW 13th Street.
I. Approved (7 to 0), a Class II site plan modification, and architectural
elevations associated with the construction of a 5,200 sq. ft. addition to the
existing maintenance building within the Public Works Complex, located at
the southeast corner of SW 4th Avenue and SW 4th Street.
City Commission Documentation
Appealable Items Meeting of June 1, 1999
Page 3
J. Tabled (7 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a 6,776 sq. ft. commercial
building for People's Market Retail Center, located on the west side of North
Federal Highway, approximately 890' south of Gulf Stream Boulevard. The
Board tabled the item to allow the applicant to further review the possibility of
moving the building closer to Federal Highway in keeping with the North
Federal Highway Redevelopment Plan.
1. Approved (4 to 0, Turner absent, Johnson and Griffin arrived late), a request
for a Certificate of Appropriateness to allow a driveway strip for a contributing
single family residence located at '19 Dixie Boulevard to encroach 3' into the
required 5' landscape.
2. Approved (6 to 0), a Class V site plan, landscape plan, architectural elevation
plan and a Certificate of Appropriateness associated with the demolition of a
single family residence located at 6 SE 1St Street and construction of a 20-
space parking lot; and, conversion of the single family residence located at
10 SE 1st Street to commercial use. Concurrently, the Board granted a
waiver to allow the parking to be placed in the front yard between the street
and the building and to encroach into the side yard.
No Regular Meeting of the Planning and Zoning Board was held during this
period.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
JUNE 16, 1999
LAKE IDA ROAJ
LAKE
I I I
S.W. 2ND ST.
"~i r""~ .... ~ i
L.
S.W 10~f ST.
L/NTO~ BOULEVARD
L-38 CANAL C-f ~ CANAL
A. DELRA Y HYUNDAI 1. fO DIXTE BOULEVARD
......... CITY Ll~rrs .........
B. BREMMER DEVELOPMENT 2. 10 S.E. 1ST STREET
C. DELRA Y OCEAN VILL4S CONDO
D. PUBLIX {THE PLAZA AT DE/..RAY) I ONE MICE
E. DISCOUNT AUTO PARTS GRAPH/C SCALE
F. SIRS, INC.
G. LA FONTANA
CITY OF DELRAY BEACH, FL
H. POMPEYPARK PLANNING & ZOniNG DEPARTMENT
I. PUBLIC WORKS COMPLEX 1999
J. PEOPLES MARKET & RETAIL CENTER
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JUNE 15~ 1999
AWARD OF BIDS AND CONTRACTS
DATE: JUNE 10, 1999
This is before the City Commission to approve the award of the
following bids and contracts:
1. Purchase award in the total amount of $61,332.00, including
trade-in allowance for current Life Pak units, to Hewlett-
Packard for the purchase of eight (8) Code Master 100 12-
lead EKG monitor/defibrillators with diagnostic
capabilities, and six (6) battery chargers for use by the
Fire Department. Funding in the amount of $16,000.00 will
be from 001-2315-526-64.90 (Fire Operations - Othr
Machinery & Equipment), with $45,332.00 from 115-0000-248-
64.00 (Reserve for Fire Rescue).
2. Purchase award in the total amount of $18,216.00 to
Southern Precision Armory for the purchase of two (2)
Simrad Rifle Night Sights for the Police Department, with
funding in the amount of $16,532 from 112-2172-521-64.90
(Law Enforcement Trust Fund - Other Machinery/Equipment)
and $1,684 from 112-2172-521-52.20 (General Operating
Supplies).
Recommend approval of the purchase awards listed above.
Ref: Bid. agmemo
RECEIVED
~A¥ ! 3 1999
[lTV OF DELRR¥ BEI:I£H
FIRE DEPARTMENT SERVING DELR^¥BE^CH · GULFSTRE^M · H~GHU~NDBEACH
DELRAY BEACH
Ali.America Ci~
1993
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: MAY 13, 1999
SUBJECT: PURCHASE OF CARDIAC EQUIPMENT
In an attempt to keep abreast of the newest developments in pre-hospital care, the
Department has been reevaluating the 12-lead cardiac monitor/defibrillators that are currently in
use. In this endeavor we identified the need to update our current equipment. Hewlett-Packard
Corporation recently entered into the pre-hospital market and in September, 1998 introduced the
Code Master 100 12-lead EKG monitor/defibrillator with diagnostic capabilities. We
investigated the price, warranty and service and found Hewlet Packard to be less expensive than
updating our current Physio Control units. Below is a table outlining the
advantages/disadvantages of the 12-lead monitor/defibrillators from both vendors.
Physio Control LP 12 Hewlet Packard CM 100
Price per Unit $16,000 $13,094
Warranty 1 year 5 years
Maintenance After waranty period Included in warranty
$900 per year
FutureUpgrades/ Not included Pro-rated based on
Enhancements 5 yr warranty
Batteries Additional Cost Included
Lease/Purchase N/A Available
Service On-site with in On-site with in 24 hours
24 - 48 hours (Based out of Pompano)
Accessories Additional Cost Included
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Pr/nted on Recycled Paper ,~
David Harden, City Manager
May 13, 1999
Page 2
We are recommending the purchase of eight (8) Hewlet-Packard CodeMaster 100's.
Hewlett-Packard will take our current Life Pak 11 's on trade and will engage in a lease/purchase
aggreement for the balance of the cost for a period up to 5 years, if we so desire.
Below is a price breakdown of these units with the trade-in allowance:
Code Master 100 8 units $13,094.00 ea. $104,752.00
Battery Chargers 6 units $ 1,080.00 ea. $ 6,480.00
$111,232.00
Trade-In Allowance:
LP 10's 6 units $ 3,300.00 ea. $ 19,800.00
LP1 l's .7 units $ 4,300.00 ea. $ 30,100.00
(-$49,900.00)
Total Purchase Price $ 61,332.00
We have identified $16,000.00 to be taken out of this year's budget from account/tOO 1-
2315-526-64.90 and $45,332.00 to be taken out of the Paramedic Fund account #115-0000-248-
64.00.
It is our opinion the purchase of the Hewlett-Packard Code Master 100 with 12-lead
capability will enhance our service to the citizens and visitors of our community for years to
come. This service will be at a more cost effective rate than what we are engaged in today and
will allow us to expand as technology moves forward.
[IT¥BELKr!¥ BER[H
FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH
DELRAY BEACH
lll,lmeric;~ City
1993 MEMORANDUM
TO: ROBERT B. REHR, FIRE CHIEF
FROM: R. BRADFORD FITZER, LIEUTENANT
DATE: MAY 27, 1999
SUBJECT: PURCHASE OF HEWLETT-PACKARD EQUIPMENT
This memorandum is to answer some questions raised by Joe Safford
concerning the purchase of Hewlett Packard Code Master 100's.
Hewlett-Packard has been an industry leader in invasive and non-invasive
medical diagnostic equipment for over 40 years. The Medical Division of Hewlett-
Packard has 2.8 billion dollars in gross sales annually, which is larger than all the other
monitorldefibrillator manufacturers combined. Their primary market until recently has
been hospital based. This is not a "new model", but it utilizeS their proven hospital based
diagnostic equipment that has been packaged for the rigors of the pre-hospital setting.
Hewlett Packard has also been a leader in the pre-hospital setting with their Automatic
External Defibrillators (AED's). These are the same units we carry on our Engines and
are also the leading unit in the Airline Industry. American Airlines and Delta Airlines have
placed these same units on all of their domestic and international flights. We feel
confident in the stability of this company and their proven excellence in medical
diagnostic equipment.
As shown in the chart on page 2 of your memorandum, Hewlett-Packard will take
our Life Pak 10's and 11's on trade toward the total purchase price. The total trade-in
allowance for these units is $49,900.00.
If you have any questions, please contact me.
R. Bradford Fitzer
Lieutenant
FIRE DEPARTMENT HEADQUARTERS ,' 501 WEST ATLANTIC AVENUE ,,, DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph Safford, Finance Director
DATE: June 11, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JUNE 15, 1999 - PURCHASE AWARD
SIMRAD RIFLE NIGHT SIGHTS FOR POLICE DEPT.
FROM SOUTHERN PRECISION ARMORY
Item Before Commission:
The City Commission is requested to approve the purchase two (2) Rifle Night Sights for the
Police Department from Southern Precision Armory at a total cost of $18,216.
Background:
The City of Delray Beach Police Department is in need of two (2) Simrad Gen-III night sights
and interface mounts, bases and rings for the Night SWAT weapons as their current rifles do not
have any night site capability.
Bids were requested fi'om four (4) know distributors, for these sights, by the Police Department,
and only two (2) vendors responded with a bid price.
The Delray Beach Police Department recommends award to Southern Precision Armory at a
total amount of $18,216 which includes installation and one (1) evening of training for
personnel. See attached memo dated June 10, 1999, from the Administrative Services Director
and copies of the two (2) bids received.
Recommendation:
Staff recommends the purchase of these night sights from Southern Precision Armory at a total
cost of $18,216. Funding from account code #112-2172-521-64.90 for $16,532 and from 112-
2172-521-52.20 for $1,684.
Attachments:
Memo From Police Department
Quotes Received
uo/lu/uu la:Ou FAX 6§1 243 7816 DELRAY BEACH POLICE DEPT ~uoz/uuz
DELRAY BEACH
Delray Beach Police Department
(561) 243-7888 Fax (561) 243.7816
1993
MEMORANDUM
TO: Purchasing Supe~i~
Jackie Rooney ^~
FROM: David Junghans, I.,P'~
Administrative Sen~ic~irector
DATE: June 10, 1999
SUBJECT: SlMRAD NIGHT SIGHTS
The four companies that were contacted per the requirement for Requisition
#71836, are as follows:
1. Southern Precision Armo~
2. S.R.T. Supply
3. Lawmen's & Shooters
4. Tactical and Survival Specialties, Inc.
Only two of the four companiies listed were able to provide quotes for the
required Simrad Night Sight System. i have already provided you copies of the
quoted prices from the first two.
It is the Depaffment's recommendation that Southern Precision Armory be
awarded the purchase of the items for the following reasons:
1. They were the lowest quote.
2. The systems are currently in stock and can be provided to us immediately,
this was not the case with S.R.T. Supply.
Should you have any questions, please contact me at extension 7852.
DJIrmh
Cc: Silt. Tusfin
· SO. PRECISION ARMORY ~54 524 9144 P. 01
OUOT TION
~OUTHERN PRECISION ARMORY
Ft. Laudordale, FL 33301 ; 9~)1217
~,TACTII~AL (9~i4) 524-9144 Ph & Fax ~ ..
AGENCY NAME / ADDRESS & CONTACT
I
DELRAY BEACH, FL, 33444 I
ATTN: SGT. TOM TUSTIN I
I
SIMP, AD KN/203 FAB GEN411 NIGHT WEAPONS SIGHT 2 8,266.00 16,532,00
TRAD KN SERIES INTERFACE MOUNT (PER RIFLE) 4 200.00 8D0.O0
MWG WEAVER STYLE BASE & RINGS (PER RIFLE) 4 221.0D 884.00
REQUIRED INSTALLATION & 1 EVENING OF TRAINING (COMP. N/C) 0.00 0.00
Note: All pr~, -,,, o,~j ............ . ...................................
· '--, ...... ,~l m,,w hn nn~sed alon.q to customer.
From; Don Johnson To: SGT TUSTIN Date: 6~7~99 Tim(;: 7:55:30 PM Page 2 of 2
"'i ".'""~:' ' ~i i:i¢ "'," SRT SUPPLY INC. QUOTATION
fl. 4450- 60TH AVENUE NORTH
ST. PETERSBURG, FL 337'14
Phone: 727-526-5451
Fax : 727-527-6893
HTTP://WWW. SRTSUP PLY. COM
Issued To:
Qu oteff: 21328
DELRAY BEACH POLICE DEPARTMENT & FIRE DEPARTMEN Date: 6/7/99
300 W. ATLANTIC AVE Terms: 0
SGT. TUSTIN Batch#: 24982
Delray Beach, FL 33444 Ship Method: GROUND
Phone#: 407-243-7444 PO#:
Fax: 407-243-7461
2 KN-203/GENIII SIMRAD GEN Iii NIGHT RIFLE SCOPE, COMERCIAL SPEC $8,525.00 $17,050.00
4 49228 MARK4 RINGS 1" OR 30MM, MATTE $145.00 $580.00
4 41925 1 PIECE MARK4 BASE FOR REM 700 SA MATTE $125.00 $500.00
4 30SIM SIMRAD/SCOPE INTERFACE FOR LEUPOLD MARK 4 RINGS $250.00 $1,000.00
1 GROUND GROUND SHIPPING AND HANDLING FEE $50.00 $50.00
Sub Total: $19,180.00
Tax: $0.00
Notes: Total Quote: $19,180.00
SCOPES DELIVERY APPROX 120 DAYS
THANKYOU,
JOHN
QUOTE PRICES ARE EFFECTIVE FOR 30 DAYS FRC)M THE DATE OF QUOTE
THANK YOU FOR THE OPPORTUNITY
DELRAY BEACH
~ 100 N.W. 1st AVENUE * DELRAY BEACH. FLORIDA 33444 · 561/243-7000
MEMOEANDUM
993 ~~ger
~s~mt Ci~ M~ger
DA~: J~e 7,1999
S~JE~: AGENDA ~EM C~ COMMISSION ME~ING ~E 15,1999
SPECIAL ~E~ REQUEST - SUMMER NIGHS ON THE AVEN~
ACTION:
City Commission is requested to endorse the Summer Nights on the Avenue program,
to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and
right of way, and to provide City staff support for barricade set up and removal, trash
removal and clean up, police security and traffic control, stage use, set up, and removal,
and banner and signage set up and removal.
BACKGROUND:
Attached is a summary of the dates and locations for the Summer Nights on the Avenue
events. This is the fifth year that these events are being proposed by the Joint Venture.
The purpose of these events is to bring activity to the Avenue during the Summer
months and to bring in additional customers for our businesses. In past years City
Commission has agreed to fund overtime costs up to $5,000.00.
Staff support needed to staff the events and estimated costs are as follows:
Police Depax[ment
Security and traffic control.
Overtime 76 hours Estimated Cost $3,080.00
Parks and Recreation
Trash removal and clean up and stage set up and removal.
Regular time 35 hours Estimate cost $ 485.00
Overtime 106 hours Estimate cost $2150.00
Stage Rental Cost $1600.00
Total $4235.00
THE EFFORT ALWAYS MATTERS ~. /~.
Public Works Depa~-taient
Barricade set up, removal, electric set up, street sweeping and banner set up and ~}
removal.
Regular time 32 hours Estimate cost $ 450.00
Overtime 85 hours Estimate cost $1800.00
Barricade Rental Estimate cost $ 500.00
Total $2750.00
Estimated total cost for overtime $ 7,030
Estimated total cost/or the event $10,065
We have copies of insurance certificates for each date.
RECOMMENDATION:
Staff recommends approval of the event, granting the temporary use permit, and
providing staff support with payment to the City for overtime costs exceeding $5,000.00.
RAB:tas
File :u :sweeney/a genda
Doc:O60799a.doc
May 24, 1999
Mr. Robert A. Barcinski, Assistant City Manger
City of Delray Beach
100 N.W. 1`t Avenue
Delray Beach, FL 33444
Re: AGENDA ITEM - CITY COMMISSION APPROVAL
SPECIAL EVENT REQUEST - SUMMER NIGHTS ON THE AVENUE
Dear Mr. Barcinski:
The City Commission is requested to endorse the Summer Nights on the Avenue
program, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City
property and right of way, and to provide City staff support for barricade setup and
removal, trash removal and clean up, police secudty and traffic control, stage use,
setup and removal, and banner and signage setup and removal.
Attached are the dates and locations for the Summer Nights on the Avenue events.
This is the fifth year that these events are being proposed by the Joint Venture. The
purpose of these events is to bring activity to the Avenue during the Summer months
and to bring in additional customers for our businesses. In past years City Commission
has agreed to fund overtime costs up to $5,000.
Your consideration of the above request is very much appreciated.
Sincerely,
MARJORIE FERRER
Downtown Coordinator
/sk
DELILAh' BEACH JOINT YENTURE · Community Redevelopment Agency. Delray Beach Chamber of Commerce. Downtown DeYelopment Authorit?
64 S.E Fifth Avenue. Delray Beach, FL 33483 · 'l'el: 407-279-1384. Fax: 407-278-0555
Summer Nights on the Avenue Schedule for 1999
July 9 Street Party 300,400,500 blocks - Atlantic Avenue
( street closed ) Theme: 60's & 70's 7-10 p.m.
July 16 Street Party Atlantic Avenue Beachside
( street closed ) Theme: Reggae 7-10 p.m.
July 30 Block Party Tennis Center Parking lot - Atlantic Avenue
Theme: Rhythm & Blues 7-10 p.m.
August 6 Street Party Atlantic Ave - Swinton East to the Ro_ilroad
( street closed ) Theme: Jazz 7-10 p .m.
August 13 Street Party Atlantic Avenue Beachside
( street closed ) Theme: Big Band 7-10 p.m.
August 27 Concert in Park Veterans Park at the Intracoastal Waterway
( street closed ) Theme: Country 7-10 p.m.
Sept. 8 Block Party Ocean City Lumber Complex - Msjn Street
Theme: 50's 7-10 p.m.
May 28, 1999
Mr. M.E. Deputy, Vice President-Transportation
Florida East Coast Railway Company
One Malaga Street
P.O. Box 1048
St. Augustine, FL 32085-1048
Dear Mr. Deputy:
The Downtown Joint Venture in Delray Beach will hold its Summer Nights on the
Avenue event this summer. There are 3 events in particular where we need
your assistance to ensure the safety of the public. We are requesting that during
these 3 events the Florida East Coast Railway Company agree to slow down the
train speed to 20 MPH over the Atlantic Avenue crossing from 7:00 p.m. to 10:00
p.m. Please arrange to have a representative of your Police & Special Services
Department present at this event.
The street will be closed to vehicular traffic on Atlantic Avenue from Swinton
Avenue to S.E. Third Avenue, by the Sun Trust Bank,-and Railroad Way from
N.E. 1't Street South to the alley (behind Ocean City Lumber Company). This
encompasses the area of the FEC railroad tracks. The street will be closed from
6:00 p.m. to 11:00 p.m.
The dates we are requesting your assistance is as follows:
July 9, 1999 Street Party - 300, 400, 500 Blocks - Atlantic Avenue
August 6, 1999 Street Party - Atlantic Ave.-Swinton East to the Railroad
Sept 8, 1999 Block Party - Ocean City Lumber Complex
Kindly send confirmation of the above request. Thank you.
MARJORIE FERRER
/sk
' Robert A. Barcinski
Lt. Mark Davis, Police Department
DELP._~Y BEACH JOINT VENTURE · Community RedevelopmentAgency · Delrav Beach Chamber of Commerce · ~,~xvm,-,,,.. r',.,.=l
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF JUNE 15~ 1999
CRA A~PLICATION TO ~KEEP PALM BF2%CH COUNTY BEAUTIFUL~
INC.' (BEAUTIFICATION OF WEST ATLANTIC AVENUE)
DATE: JUNE 11, 1999
Attached is a request from the Community Redevelopment Agency for
Commission support of the CRA's application to Keep Palm Beach
County Beautiful, Inc. (formerly known as Beautiful Palm Beaches,
Inc.) for funding of beautification activities for West Atlantic
Avenue. The beautification is to include landscape improvements
(trees and groundcover) and irrigation for West Atlantic Avenue
from Swinton Avenue to NW/SW 1st Avenue and for the proposed
roundabout at the intersection of Swinton Avenue and Atlantic
Avenue. The grant application is being prepared by the CRA and
will be submitted by June 30, 1999.
The CRA is asking the City to submit a letter endorsing the
project, and another providing assurances that the City will
provide the maintenance for the project plantings. In addition,
if the grant is awarded, Keep Palm Beach County Beautiful will
require that the grant contract be signed by the City.
Shelley Treadwell, CRA Economic Development Manager, will be
present at the meeting to discuss the proposed project in greater
detail.
Recommend approval of the CRA's request for the City's
participation and assistance with the CRA grant application to
Keep Palm Beach County Beautiful, Inc.
Ref: Agmemo 13. CRA. Beaut. Grant
Community RECEIVED
Redevelopment
· Agency tlr,,' ,'..~ANAGER
Delray Beach
MEMORANDUM
DATE: June 9, 1999
TO: David T. Harden, City Manager
City of Delray Beach
CC: Alison McGregor Harty, City Clerk
City of Delray Beach
FROM: Shelley Treadwell, Economic Development Manager
Delray Beach Community Redevelopment Agency
RE: Request for items related to application to Keep Palm Beach County
Beautiful, Inc.
Request for inclusion on City Commission Agenda for June 15
The Delray Beach Community Redevelopment Agency will be submitting an application to
Keep Palm Beach County Beautiful, Inc. (KPBCB) formerly known as Beautiful Palm
Beaches, Inc. ("BPB") for funding of beautification activities for West Atlantic Avenue on
June 30, 1999 (the deadline is eadier this year). Specifically, the application requests
funding of landscaping (trees and groundcover) and irrigation for West Atlantic Avenue,
from Swinton Avenue to NW/SW 1't Avenue and for the proposed Roundabout at the
intersection of Swinton Avenue and Atlantic Avenue. CRA staff has met with City staff to
make them aware of the proposed project concept and have incorporated their
recommendations into the plan wherever possible. The CRA can apply for funding from
Keep Palm Beach County Beautiful, Inc. for 50% of the total cost of the landscaping and
irrigation components of the project. As in the past, I anticipate that the CRA will be
providing the required match (to be discussed the CRA Board later this week). The
CRA was funded for $33,900 in 1997, 55,000 in 1998 and will start improvements from the
'97/98 grants next summer along with our ISTEA grants (The City Engineering Department
will be coordination these installations).
The City of Delray Beach has successfully applied to Beautiful Palm Beaches on several
occasions for funding of projects such as the Atlantic Avenue Gateway Parks and West
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
Atlantic Avenue (between the CSX Railroad and Military Trail) projects. The City is not
applying for any "KPBCB' funding this year.
The CRA is asking the City of Delray Beach to:
Submit a letter endorsing the project, and another providing assurances that the
City will provide the maintenance for the project plantings as they did with respect
to the CPA's recent applications for ISTEA funding and for last two year's successful
Beautiful Palm Beaches Grant Applications.
In addition, if awarded, Keep Palm Beach County Beautiful will require that the Grant
Contract be signed by a local government; specifically the City of Delray Beach.
I have enclosed sample support letters for your use.
I look forward to seeing you and the Commission. Thank you for your assistance.
Attachments
June 28,1999
Malissa Booth, Executive Director
Keep Palm Beach County Beautiful, Inc.
1920 Palm Beach Lakes Blvd., Ste. 210
West Palm Beach, Flodda 33409
Dear Ms. Booth:
The purpose of this letter is to certify that the City of Delray Beach will provide the
maintenance of the Keep Palm Beach County Beautiful project submitted by the Delray
Beach Community Redevelopment Agency. This project provides for the enhancement of
the project area on West Atlantic with tree beautification and irrigation improvements.
The City has agreed to maintain the plantings in perpetuity.
Thank you for your assistance in this matter.
Sincerely,
David T. Harden
City Manager
June 28,1999
Malissa Booth, Executive Director
Keep Palm Beach County Beautiful, Inc.
1920 Palm Beach Lakes Blvd., Ste. 210
West Palm Beach, Flodda 33409
Dear Ms. Booth:
On behalf of the City of Delray Beach, I am wdting to extend our support for the Delray
Beach Community Redevelopment Agency's ("CRA") application for funding through Keep
Palm Beach County Beautiful, Inc. The CRA has been an important partner in the
redevelopment of East Atlantic Avenue and will carry that success over to the
redevelopment and beautification of the West Atlantic Corridor, an important state roadway.
The CRA's application for trees and irrigation will enhance the identified blocks and create
an improved visual impact for both visitors and residents alike. West Atlantic Avenue is the
true "Gateway" to our community and beautification will be a catalyst for our redevelopment
efforts.
Again, please know that we are supportive of the CRA's efforts to achieve outside funding
for this project and have already committed to its maintenance. In addition, we are willing
to sign the grant agreement in the event that the project is approved.
Thank you for your assistance in this matter.
Sincerely,
David T. Harden
City Manager
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 15t 1999
AGREEMENT WITH CRA FOR ACQUISITION OF CARTER PROPERTY
FOR EXPANSION OF EXISTING RETENTION POND
DATE: JUNE 11, 1999
The Community Redevelopment Agency is acquiring property known as
the Carter property on S.W. 4th Avenue which consists of Lots 10,
11 and 12, Block 30. There are homes on Lots 11 and 12 that will
be demolished by the CRA and then the vacant Lots 10 and 11 will
be sold to the City so that the City retention pond on Lot 9
(located at the southwest corner of S.W. 4tn Avenue and S.W. 1st
Street) can be enlarged.
The proposed agreement will obligate the City to reimburse the
CRA for two-thirds of the costs involved in the CRA's acquisition
of the properties and for the demolition of the existing
structures. The estimated cost for acquisition is $69,000 to
$70,000 while the demolition should run in the neighborhood of
$5,000. With the maximum cost estimated at $75,000, the City's
reimbursement share will probably come in at something less than
$50,000. Funding is available from 448-5461-538-61.10
(Stormwater Utility - Land Acquisition).
Recommend approval of the agreement between the City and the
Coramunity Redevelopment Agency for acquisition of the Carter
property.
Re f: Agmemol 7. Carter
RECEIVED
JUN 1 0 1999
City Of Delray Beach
Department of Environmental Services
M E M 0 R A IN D U M
I I I II I I I I I I I I II II I II I
TO: David Harden
FROM: Randal L. Krejcarek, P.E./~~/
DATE: 10-Jun-99
SUBJECT: Expansion of Existing Detention Pond
Southwest corner of SW 4t' Avenue and SW 1't Street
We have been working with the CRA in an effort to expand the existing detention pond at the
southwest corner of SW 4th Avenue and SW 1" Street. Our combined effort is to expand the
existing pond to approximately three times the current size.
This area, along with the Police parking lot, has a history of flooding when heavy rains are
experienced. The existing pond is not sufficient to handle a storm greater than a three-year
storm. By increasing the size of the pond we will provide additional capacity to help alleviate
any future flooding that occurs in the Police parking lot as well as along SW 4~ Ave.
Thank you.
cc Richard Hasko, P.E.
File
$: [.. ~letters~rlk~ci~rngrisw4avesw I st. doc
tIT'/OF DELRg¥ BEFI£H
CITY ATTORI EY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wrist's Dkect L~: (561) 243-7~
p~t¥~ B~A~
~dca C~ ~MO~~
~ 99~ TO: Ci~ Comssion
FROM: Jay T. Jm~k, Assismt Ci~ A~omey~
SUBJECT: Acqusition of C~er Prope~.
A~ched is an agr~mcnt obligat~g ~e Ci~ to pay ~o-~ds of ~e costs
~cu~ed by ~ ~ ~ ~ acquisition of a propc~ ~own as ~e Ca,er ~ope~ on
SW 4~ Avenue, co~ist~g of lob 10, 11, ~d 12, Block 30. The agreement also
provides ~at ~e Ci~ will pay ~o-~ds ~c cost of demolis~g two s~cmres upon
lo~ 11 ~d 12. The Ci~ will ~cn purc~se lo~ 10 and 11 ~ order to exp~d ~e
retention pond loca~d on lot 9, Block 30.
This agreement, if approved, s~p]y obligates ~e Ci~ to re~burse C~ for
two-~ds of ~e cos~ ~volved ~ C~'s acquisition 'of ~e prope~ies and for ~e
demolition of ~e exist~g stmc~res. The con~act for sale of lots 10 and 11 is not before
· e Co~ission at ~s t~e.
Please place this item on the agenda for the June 15, 1999 City Commission
meeting. Do not hesitate to contact me if you should have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan Ruby, City Attorney
Sherry Johnson, CRA
AGREEMENT
THIS AGREEMENT ("The Agreement") is made this day of ,
1~.__ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation
(the "City"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY,
("CRA").
WITNESSETH:
WHEREAS, the CRA is acquiring property known as the Carter Property on SW 4~
Avenue which consists of lots 10, 11, and 12, Block 30, City of Delray Beach; and
WHEREAS, there are homes on lots 11 and 12 that will be demolished by CRA; and
WHEREAS, vacant lots 10 and 11 will be sold to the City so that the City retention
pond on lot 9 can be enlarged; and
WHEREAS, the City has determined that it is in the public interest for the City to pay
two-thirds of the costs incurred by CRA in the demolition and purchase of the properties.
NOW THEREFORE, for the mutual covenants and conditions contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
2. City's Obligation for Costs. The City shall be responsible for two-thirds the
cost of demolition of the buildings upon lots 11 and 12, and two-thirds of the costs of the
surveys, appraisals, reports, closing costs and attorney's fees incurred by CRA for the
acquisition of lots 10, 11 and 12, Block 30, City of Delray Beach. The City shall remit its
share of the costs as set forth in this agreement within 30 days of receipt of an invoice from
CRA. CRA shall indemnify, defend and hold harmless the City, its officers, agents,
employees and assigns from any claim, suit, cause of action or loss incurred as a result of any
act or omission with regard to the demolition of the buildings upon lots 11 and 12.
4. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
5. Amendments. This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
6. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
IN W/TNESS WHEREOF, said City of Delray Beach, acting by and through its City
Commission as the governing body, has caused this agreement to be executed in its name and
on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested
by the Clerk of said City, and CRA has caused this agreement to be executed in its behalf by
its legal and official representative, its official seal to be hereunto aff'~xed, the day and year
first above written.
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk Mayor, Jay Alperin
Approved as to form:
City Attorney
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
ATTEST:
By:.
Chairman
Print Name
Print Name
· LOT 9
~,~ ~/~. BLOCK 30
%%. ,35.6'
LOT 10
BLOCK 30
,h L 0 r ,
~ BLOCK 30
...........
L 0 T 12 sr~
.BLOCK JO
LOT 15
TO: DAVID T. HARDEN, CITY MANAGER ~x~ . ~r~
DOMINGUEZ, DIRECT,OI~ OF PLA.. NNIN~ .~.ND ZONING- ~
THRU:
DIANE
SUBJECT: MEETING OF JUNE 15, 1999
REDEVELOPMENT PLAN FOR THE SOUTHRIDGEIS.W. 4TM AVENUE AREA
The requested action of the City Commission is approval of the redevelopment plan for
Redevelopment Area #3, as designated on the Future Land Use Map. The study area is generally
located north of Linton Boulevard, south of S.W. 10th Street, east of S.W. 8th Avenue, and west of Old
Dixie Highway.
The City's Comprehensive Plan identifies the Southridge/S.W. 4th Avenue area as an area in need of
redevelopment. The attached redevelopment plan for the targeted study area provides scenarios for
stabilizing existing residential neighborhoods and nonresidential properties, developing vacant parcels
to accommodate uses that are appropriate given surrounding land use patterns and traffic patterns, as
well as providing adequate infrastructure to service existing properties and future development.
The report recommends retaining the largely industrial uses on the east side of S.W. 4th Avenue and
the residential areas within Southridge by assigning appropriate Future Land Use Map and zoning
classifications. Compliance with code requirements and aesthetic improvements are the focus for the
industrial uses, while it is hoped that the provision of infrastructure (paved roads, drainage, water and
sewer) within Southridge will be an impetus for construction of more single family homes. However,
the vacant acreage at the northwest corner of Linton Boulevard and S.W. 4th Avenue will retain its
Redevelopment Area #3 Future Land Use Map designation until such time these parcels are
aggregated to accommodate a quality development that is compatible with the adjacent residential
uses,
The Planning and Zoning Board reviewed the request at its meeting of May 17, 1999. Residents from
the Southridge neighborhood spoke in favor of the plan and the recommended street layout, and
further expressed the need for paved roads and street lighting in this area. Some of the board
members expressed concern with the proposed street layout, preferring that the roads be connected to
the streets within Woods of Southridge immediately west. Staff indicated that neithercommunities
want these roads connected. After further discussion, the Board recommended to approve the plan on
a 5-2 vote (Bird, Young dissenting).
By motion, approve the Redevelopment Plan for the Southridge/S.W. 4t~ Avenue area.
Attachment:
· Redevelopment Plan C~. ~).
II
(S. W. 4TH AVENUE AREA)
REDEVELOPMENT PLAN
City of Delray Beach
Planning and Zoning Department
EXECUTIVE SUMMARY iv
INTRODUCTION Goal of Plan
BACKGROUND
Description of Redevelopment Area 1
Expanded Study Area 1
Comprehensive Plan/Future Land Use Map 4
EXISTING CONDITIONS 4
Existing Residential Land Uses-West Side of S.W. 4th Avenue 4
Condition of Existing Housing
Ownership
Vacant Land
Code Enforcement
Expanded Study Area
Existing Commercial/Industrial Land Uses 8
Existing Future Land Use Map and Zoning 9
Existing Infrastructure 14
Water, Sewer, and Drainage
Streets and Transportation
Sidewalks and Street Lighting
Expanded Study Area
REDEVELOPMENT PLAN 20
West of S.W. 4th Avenue: Southridge and Ridgewood Heights 21
Scenario 1
Scenario 2
Scenario 3
Recommendation
Expanded Study Area-Recommendation
Northwest Corner of S.W. 4th Avenue and Linton Boulevard 23
Scenario 1
Scenario 2
Scenario 3
Scenario 4
Scenario 5
Recommendation
Parameters for Future Development Proposals
East of S.W. 4th Avenue 26
Scenario
Recommendation
Proposed Infrastructure 30
Water, Sewer, and Drainage
Streets and Transportation
Housing 34
Aesthetic Improvements/Design 35
Capital Improvement Plan 35
Community Involvement 36
IMPLEMENTATION 36
Implementation Steps
APPENDICES 37
Appendix "A" Land Development Regulations for Existing and Proposed 37
Zoning Classifications
Appendix "B" Existing and Proposed Future Land use Map Classifications 57
Appendix "C" Acreage Information 59
Appendix "D" Acreage Information-Expanded Study Area 65
Appendix "E" Redevelopment Area #3 - Plats 66
Southridge Plat (East of S.W. 4"~ Avenue) 67
Southridge Plat (West of S.W. 4t~ Avenue) 68
Ridgewood Heights Plat 69
Friedes Plat No. 1 70
Procacci Office Center Plat 71
Figure '1 Redevelopment #3 Area Map 2
Figure 2 Aerial of Redevelopment Area #3 3
Figure 3 Residential Ownership Map 7
Figure 4 Existing Land Uses 11
Figure 5 Existing Future Land Use Map 12
Figure 6 Existing Zoning Map 13
Figure 7 Existing Water Map 15
Figure 8 Existing Sewer Map 16
Figure 9 Existing Drainage Map 17
Figure 10 Proposed Zoning Map 28
Figure 11 Proposed Future Land Use Map 29
Figure 12 Southridge and Ridgewood Heights Street Layout 1 32
Figure 13 Southddge and Ridgewood Heights Street Layout 2 33
III
REDE~
The Redevelopment Plan for the Southridge/S.W. 4th Avenue area lays the
framework for development, redevelopment, and enhancement of improved and
vacant properties within Redevelopment Area #3, as identified on the City of
Delray Beach Future Land Use Map. The study area is located north of Linton
Boulevard, south of S.W. 10th Street, east of S.W. 10th Avenue, and west of Dixie
Highway. Although not a part of the redevelopment area, the area bordered by
S.W. 10th Street to the north, S.W. 11th Street to the south, Pine Grove
Elementary School to the east, and S.W. 8th Avenue to the west is identified as
the "Expanded Study Area". This area is discussed due to identifed needs with
respect to redevelopment, including water, sewer, lighting, and road
infrastructure improvements.
The purpose of the plan is to recommend alternatives for improvement and
stabilization of existing residential neighborhoods and non-residential properties,
and compatible land uses with appropriate zoning and Future Land Use Map
designations for vacant properties, most notably vacant parcels located at the
northwest corner of S.W. 4th Avenue and Linton Boulevard.
The study is divided into four sections:
=~ The Introduction and Background sections identify the goal of the report,
and describe the designated redevelopment area, the expanded study area,
including the need for a redevelopment plan per the Comprehensive Plan.
~' The Existing Conditions portion discusses current conditions of existing
residential and non-residential land uses, as they relate to zoning and Future
Land Use Map designations, housing, ownership, and vacant land. This
section also reviews infrastructure, including water, sewer, and drainage
services; streets and surrounding traffic networks; and, sidewalks and
lighting.
~ The Redevelopment Plan section outlines proposals for development and
redevelopment for properties within the study area. The section identifies
various scenarios and recommendations for enhancement and stabilization of
existing residential and industrial and commercial areas, while addressing
measures to mitigate negative impacts to existing services and infrastructure,
particularly additional vehicle trips on nearby rights-of-way.
iv
Recommendations for the study area will require changes to the Future Land
Use Map to eliminate the Redevelopment Area #3 designation, and assign
appropriate Land Use Map and zoning classifications. Recommended
designations are briefly discussed below:
Future Land Use Map Amendments will be processed to eliminate the
Redevelopment Area #3 classification for the majority of the area and establish
the appropriate designations. The recommended Land Use Map Designations
are:
Low Density Residentiak Sections of Southridge and Ridgewood Heights
residential subdivisions within study area to encourage stabilization of existing
neighborhoods.
Commerce and Industrial: Nonresidential uses on the east side of S.W.
4th Avenue to maintain existing industrial uses.
Transitional: The INRC office building located at the northwest corner of
S.W. 4th Avenue and Linton Boulevard.
Cornmunity Facilities: Pine Grove Elementary School (located within the
expanded study area)
:~ Redevelopment Area fl~3: Undeveloped parcels located on the west side
of S.W. 4th Avenue, north of Linton Boulevard.
All of the properties within the redevelopment will retain their existing zoning
classifications. It is recommended the vacant parcels at the northwest corner of
Linton Boulevard and S.W. 4th Avenue retain the current R-1-A zoning as a kind
of "holding" zone until a specific development proposal is submitted.
The Redevelopment Plan outlines required infrastructure improvements needed
for existing residences and future development of vacant residential lots. These
improvements include, but are not limited to water, sewer, drainage, roads
(paving and re-routing), lighting, and sidewalks.
GOAL OF PLAN
The goal of this study is to create a useful plan devising ways to enhance and
rejuvenate the S.W. 4th Avenue Redevelopment Area, as needed, so as to be
consistent with the City's overall Community Improvement goals. The purpose is
to provide recommendations and alternatives to stabilize, and maintain stabilization of
existing conforming residential and non-residential uses, and encourage economic
activity. The City's Comprehensive Plan defines redevelopment "...as the avenue for
renewal of blighted conditions for six separate areas of the City". The S.W. 4th Avenue
area (north of Linton Boulevard) is identified as one of these areas.
DESCRIPTION OF REDEVELOPMENT AREA
The Redevelopment Area #3 (S.W. 4th Avenue Study Area) is generally located
north of Linton Boulevard, south of Southridge Road, and is depicted as
Redevelopment Area #3 on the City's Future Land Use Map (Figure 1).
Redevelopment Area #3 consists of the Southridge Subdivision (platted in 1926), Block
3, a portion of Block 4, and Blocks 5, 7, and 10; Ridgewood Heights Subdivision (platted
in 1926), Blocks C and D; Friedes Plat (platted in 1984, now One Linton Boulevard);
Procacci Office Center Plat (platted in 1986, now INRC Office Building); and'unplatted
parcels (refer to Appendix E for above plats). The Southridge and Ridgewood Heights
Subdivisions were platted under Palm Beach County jurisdiction. The properties within
this redevelopment area were voluntarily annexed into the City between 1970 and 1988.
The redevelopment area consists of approximately 56.83 acres, excluding platted
streets.
CEMETERY s.w. 9TH ' C . ~ Z ~
LW. lOTH STREET
PINE GROVE
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s.w. REiCLE A~NUE
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RIDGE COUNTY
SANI TA TION
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REDEVELOPMENT #3 STUDY AREA
Cl~ OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
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Redevelopment Area #3 Plan
Page 4
COMPREHENSIVE PLAN/FUTURE LAND USE MAP
The S.W. 4th Avenue Study Area is depicted as Redevelopment Area # 3 on the
Future Land Use Map. The City's Comprehensive Plan states the redevelopment
area designation is applied to areas identified in the Future Land Use Element as
being in need of redevelopment. Development is to occur pursuant to a specific
redevelopment plan.
The Comprehensive Plan [Ref. Future Land Use Element Policy C-2.1] states that until
such time as a redevelopment plan is prepared and adopted for a designated
redevelopment area, public investment - in terms of infrastructure - shall be minimal. If a
private development proposal is made within a redevelopment area, one of the following
options shall be pursued:
Q Acceleration of the redevelopment plan and deferral of the land use request until the
plan is completed; or,
CI 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.
Future Land Use Element Policy C-2.5 of the Comprehensive Plan addresses
appropriate land uses in the Redevelopment Area:
"This area involves warehouses, heavy industrial use, sporadic residential uses, and
vacant land. The vacant land was platted as a part of the Woods of Southridge
Subdivision. Residential use is most appropriate for the area west of S. W 4th Avenue.
Industrial and office uses are appropriate east of S. W. 4~ Avenue."
EXISTING RESIDENTIAL LAND USES - WEST SIDE OF S.W. 4TH
AVENUE
Scattered residential structures and vacant land are located on the west side of
S.W. 4th Avenue on properties zoned Single Family Residential (R-l-A). These
properties are located within Southridge and Ridgewood Heights Subdivisions,
and at the northwest corner of Linton Boulevard and S.W. 4th Avenue. Portions of the
original Southridge and Ridgewood Heights Subdivisions were never constructed.
Additionally, several unplatted parcels located on the north side of Linton Boulevard
Redevelopment Area #3 Plan
Page 5
and west side of S.W. 4th Avenue are vacant and also zoned for residential use (R-l-A).
Most of these parcels, including the undeveloped properties within Southridge and
Ridgewood Heights, were voluntarily annexed into the City in 1988. The only
nonresidential area on the west side of S.W. 4th Avenue within the study area is the
INRC office building. The INRC office building is located at the northwest corner of S.W.
4th Avenue and Linton Boulevard on property zoned Professional and Office District
(POD).
Condition of Existing Housing
A survey of the existing housing stock in the portions of Southridge and Ridgewood
Heights within the redevelopment area indicates that the structures were built between
1928 and 1990. Some of the housing is in fair condition, but many of the structures are
in need of repair. Many of the homes have been built on lots that do not meet current
development standards with respect to lot size or depth. A few of the lots appear to
have been illegally subdivided and do not meet any of the requirements. In addition,
some of the homes do not meet the minimum floor area requirement within the R-1-A
zoning district (1,000 sq. ft.). The average value of the homes within these two
subdivisions combined is $48,103 (including expanded study area: $46,186). The
following information provides the lot standards for the R-1-A zoning district:
According to the Southridge and Ridgewood Heights subdivision plats most of the lots
were originally subdivided as 50' x 100' and 50' x 135'. Although most of the 10ts do not
meet the current requirements for lot area and width, regulations permit construction of a
single family home as long as the parcel is a lot of record with a minimum width of 50',
and the development complies with all other requirements, including setbacks [ref. LE)R
Section 4.1.4(B) Use of Lots of Record].
Ownership
Approximately 80% of the homes within Southridge and Ridgewood Heights are owner
occupied, and landlord permits reviewed for these areas indicate approximately 20% are
used as rentals (Figure 3). In addition, there is one structure located on Southridge
Road which is listed as a multifamily residence. This use is nonconforming as the
property is located within a single family residential zoning district.
Redevelopment Area #3 Plan
Page 6
Appendix B provides information with respect to lot size, land uses, nonconformities, age
and square footage of residences, ownership and home values.
Vacant Land
Approximately 27% of the entire redevelopment area is vacant, and 99% of this vacant
land is zoned R-1-A. The vacant land within the Southridge and Ridgewood Heights
subdivisions represents approximately 53% of this residentially zoned vacant land, and
the unplatted parcels located at the northwest corner of Linton Boulevard and S.VV. 4th
Avenue account for the remaining 47%. It should be noted that property records
indicate that within the Southridge and Ridgewood Heights subdivisions, there are
multiple vacant lots under one ownership.
Park
The Southridge Subdivision plat dedicates a parcel at the intersection of Douglass and
Southridge Roads identified as Point Park, which was dedicated to the public with the
recordation of the subdivision plat. No improvements have been made within this area,
but the parcel has been cleared.
Code Enforcement
Code enforcement cases for the Southridge and Ridgewood Heights areas between
1993 and early 1998 were reviewed and several properties within these sections have
been cited for various code problems, including general housing violations, littered and
overgrown lots, and missed trash removals. Most of those violations have been
addressed.
Existing Conditions- Expanded Study Area
The expanded study area consists of Ridgewood Heights, Blocks A and B, and contains
approximately 7.33 acres. Block A has an MD (Medium Density Residential, 5-12 du/ac)
Future Land Use Map classification and is zoned CF(Community Facilities). Block B has
an LD (Low Density Residential, 0-5 du/ac) Future Land Use Map classification and R-l-
A (Single Family Residential) zoning designation. The area zoned CF consists of
approximately 3.97 acres owned by the Palm Beach School Board and is part of the
Pine Grove Elementary School, located at the southwest corner of S.VV. 10th Street and
S.W. 4~ Avenue.
Residential development accounts for approximately 27% of the overall acreage, with
approximately 19% of the area vacant and 54% as park/recreation area. The
construction of a park associated with the school has been recently completed.
$.W. ~TH ST.
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CEME TER Y S.W. 9TH -
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PINE GROVE ~-~ -- --
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PLANNING & ZONING DEPARmENT -- Rental Property - Owner Occupied - Vacant - Park
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Redevelopment Area #3 Plan
Page 8
With regard to the residentially zoned properties, several lots have similar dimensions
(50' x 135') to the sections of Southridge and Ridgewood Heights located within the
study area. These lots are also nonconforming with respect to lot width and area. The
residential structures within the expanded study area were generally constructed
between 1928 and 1985. Most of the residences exceed the minimum 1,000 sq. ft. floor
area requirement. The average value of the homes within this area is $44,422.
Approximately 82% of the homes within this area are owner occupied. Landlord permits
indicate that one of the homes is rented, and that one structure functions as a duplex,
which is a nonconforming use in the R-1-A zoning district.
Code enforcement cases for the expanded area between 1993 and early 1998 were
reviewed and a few properties have been cited for code issues, including general
housing code violations, overgrown and littered lots, and abandoned vehicles. However,
all of these violations have been addressed and are in compliance.
Appendix C provides information with respect to lot size, land uses, nonconformities,
age and square footage of residences, ownership and home values.
EXISTING COMMERCIAL/INDUSTRIAL LAND USES
The east side of S.W. 4th Avenue is developed with a mixture of industrial, office, and
commercial uses on properties zoned Mixed Industrial and Commercial (MIC), and
Industrial (I). The following businesses are located within this area:
El Gulf Stream Commercial Centre El Anything In Fence
El Linton Truss El Eagle Marine Services
El Sunbelt Hydraulics and Equipment El Professional Insulators
El Adelphia Cable El Two R.T. Properties, Inc.
El Tarmac Concrete Ready-Mix Plant
El One Linton Boulevard
El Security Self Storage
El BFI (Browning-Ferris Industries)
The S.W. 4th Avenue study area is surrounded by a mixture of residential, commercial,
and governmental uses, including Plaza at Delray, Linton International Plaza, Costco,
and Fire Station #3. The redevelopment area abuts a major commercial area as well as
Linton Boulevard, and is in close proximity to Interstate 95, Federal Highway, and the
F.E.C. Railroad. Any recommendation for the development/redevelopment of this study
area needs to take into consideration this surrounding road network and the railroad.
There is one vacant lot zoned MIC which is located on Southridge Road, and is owned
by the adjacent company, Buchanan Screen. However, this lot is very small (.04 acre),
Redevelopment Area #3 Plan
Page 9
and appears to have been subdivided illegally. A stand alone development on this lot
would not be permitted or feasible given its size.
EXISTING FUTURE LAND USE MAP AND ZONING
Existing Future Land Use Map
Redevelopment Area #,3:
The primary study area is designated as Redevelopment Area #3 on the Future Land
Use Map. As previously stated, the Comprehensive Plan policy notes that existing uses
in this area include warehouses, heavy industrial, sporadic residential uses, and vacant
land. With regard to appropriate Future Land Use Map designations, Future Land Use
Element Policy C-2.5 of the Comprehensive Plan states that residential uses are most
appropriate west of S.W. 4th Avenue, with industrial and office uses on the east.
Redevelopment plans are to be produced for each designated Redevelopment Area.
The scheduled completion date for the plan for the Redevelopment Area #3 is stated as
within Fiscal Year 98/99.
Expanded Study Area:
Block A is designated as MD (Medium Density Residential), which generally provides for
a variety of single and multi- family residential developments, at a density between five
and twelve units per acre. Block B is designated as LD (Low Density Residential), which
permits single family residential development at a density of five units per acre or less.
A detailed description of these classifications is provided in Appendix B.
Adjacent Future Land Use Map Designations
The study area is surrounded by a variety of land use designations, including Low
Density Residential, Medium Density Residential, and Community Facilities-Schools to
the north; Medium Density Residential and General Commercial to the east; General
Commercial to the south; and Low Density Residential, Medium Density Residential,
Redevelopment Area #2, and Community Facilities to the west. Figures 4 and 5 depict
subject Redevelopment Area #3 and the expanded study area, as well as adjacent land
uses and Future Land Use Map designations. Refer to Appendix B for descriptions of
these designations.
Existing Zoning
Zoning designation determines uses permitted as well as development standards for
building on site, including maximum lot coverage, setbacks, and height. Figure 6 shows
Redevelopment Area #3 Plan
Page 10
the subject Redevelopment Area #3 as well as zoning for adjacent properties.
Properties located on the east side of S.W. 4th Avenue are zoned MIC (Mixed Industrial
and Commercial) and I (Industrial). Lots on the west side of S.W. 4~ Avenue are zoned
R-1-A (Single Family Residential) and POD (Planned Office and Development).
Provided below are summaries describing zoning districts located within the
redevelopment area and expanded study area. Appendix A provides detailed
descriptions of these zoning districts.
=~ Adjacent Zoning
The redevelopment area is surrounded primarily by residential to the north and west,
and commercial to the east and south, and include the following zoning districts):
S.W. 9'IH ST,
S.W. 10TH STREET
PINE GROVE -~
ELEMENTARY
SCHOOL
~LSON AVI~
s,w. REIGLE AVENUE
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OF DELRA Y STERLING AVENUE CENTRAL
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CEMETERY $.w. 9TH · CT. , ~
S.W, ~ lOTH STREET
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PINE GROVE --
CF ELEMENTARY --
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~ WILSON AVE,
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GROVES SOU THRIDOE ROAD
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PLANNING · ZONING DEPARTMENT
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Redevelopment Area #3 Plan
Page 14
EXISTING INFRASTRUCTURE
WATER, SEWER, AND DRAINAGE
Water. According to the City's Water Atlas, 6" water mains are located on both sides of
S.W. 4th Avenue, and water mains are located within all platted streets in the
Ridgewood Heights and Southridge Subdivisions, except for the unimproved portion of
Douglass Avenue within Block 5 of the Southridge Subdivision. An 8" main is located on
the north side of Linton Boulevard, just east of S.W. 4th Avenue, and a 10" main is
located on the south side of Linton Boulevard west of the S.W. 4t~ Avenue (Figure 7).
Fire Suppression: Currently, there are two fire hydrants on Southridge Road' and two
hydrants on Zeder Avenue. A fire hydrant is located on S.W. 6th and S.W. 7th Avenues,
each approximately 50' south of S.W. 11th Street. Under current regulations, fire
hydrant spacing for single family residences shall be at a minimum of 500'. Currently, no
fire hydrants exist on Douglass Avenue. Additional hydrants will be required to service
any new development, particularly on Douglass Avenue.
Sewer: The City's Sewer Atlas indicates a 10" sewer main and 6" force main located
within a portion of S.W. 4th Avenue, lift stations on the Linton Truss and INRC building
sites, and 8"-10" sewer mains are located within all platted streets within the Ridgewood
Heights and Southridge Subdivisions, except for the unimproved portion of Douglass
Avenue within Block 5 of Southridge. No sewer lines exist within Linton Boulevard, and
any proposed development of the vacant parcels along Linton Boulevard would require
installation of service (Figure 8).
Drainage: According to the City's Drainage Map, a retention area (approximately .05
acre) is located between Sterling Avenue and Southridge Road. Elsewhere, drainage
appears to be handled on site. Drainage improvements must be accommodated at the
time of development of the vacant residential acreage as well as the paving of the roads
within the Southridge and Ridgewood Heights subdivision (Figure 9).
=~ Expanded Study Area
Water and Sewer Service are available via existing mains within S.W. 10t~ Street, and
S.W. 7th and S.W. 8~ Avenues. A 2" water main is located within a portion of the
north/south and east/west alleys in Block A. Water and Sewer mains are located within
S.W. 6~ Avenue south of S.W. 11~ Street only. Fire hydrants are located on the west
side of S.W. 7~ Avenue and S.W. 8th Avenue approximately 200' south of S.W. 10~
Street, and on the south side of S.W. 10th Street approximately 50' west of S.W. 7t~
Avenue. According to the City Drainage Map, there are no drainage improvements
within this area, and drainage appears to be handled on site.
DELRA Y '~"v
BEA CH ,, 2,~I 2 *' '
CEMETERY
24" $.W. 9TH CT. ~z
S.W. o 1 0TH
10'Vs 6" 24'X20'R£O. [ 2'V 6'
PINE GROVE
EL EMEN TAR Y
SCHOOL
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FALL RIDGE
o
OF DELRA Y G" STERLING AVF_NUE
AVENUE
COLLINS
GULF STREAM
s' CENTRE
BESSIE ST.
LINTON TRUSS
L IN TON
RIDGE COUNTY
CONDO SANI TA TION
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0 ~ ~[ ~ '" SECURITY A T
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LINT INTERNATIONAL PLAZA :~ to' Lo 6 SUN BANK/
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................ ~r "-.~.5 / ?v ---. ~ i ~. ~ ~ .. ~ . '~-- 4 11 l ,'
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~ REDEVELOPMENT #3 STUDY AREA
o'n' or ~,~^, .~^c~. ~ - WATER MAP
PLANNING & ZONING DEPARTMENT
-- DIGITAL ~45E' M/IP SYS';rEM -- MAP REF: LMAB8
r- t ~ }' ?~ DELRA Y
- ~LLAGE [ SOUTHRIDGE ~ ~ ~ ~ I t BL~ J ~ i
LIN TON BOULEVARD
LIN TON '--IN TERNA TIONAL PLAZA '~ -~ ~_,s ~ /,~, , , ROYAL SUN TRU
' N FIGURE 8
~ REDEVELOPMENT ~3 STUDY AREA
CEMETERY ' s,w. 9TH ~ ~ZL __ EMt I J ] ~' L.
S.W. lOTH STREET
?~i~ bxL~ ~','%~' . ~. ~'~ ~ '~/~' ELPINEEMscHOOL...__~ENGRO~TA R, c~. Y ~ ~~ ]~ ~,1~ ' ~~LSON A~]~~
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LINTON TRUSS
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t DELRA Y
: SECURITY ~
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~ I-~I COSTCO I~~ ~ '~ oRPALMT~A ~E /~
N FIGURE 9
~ REDEVELOPMENT #3 STUDY AREA
c,~ or DCLRA~ eE^C", rL - DRAINAGE MaP
--- OlClF~4/. ~ASE MAP S}~I'EM -- MAP REF: LMA88
Redevelopment Area #3 Plan
Page 18
STREETS AND TRANSPORTATION
Southridge and Ridgewood Heights: Generally, the roads within the Southridge
Subdivision were platted as slightly curvilinear, whereas the roads within the Ridgewood
Heights Subdivision were platted on a small grid system. It is apparent that, given the
layout of the streets and size of the platted lots (generally 50' x 135', 50' x 100'), these
areas were intended for single family housing. The roads within these areas are
generally dirt and gravel, and require paving and drainage improvements. These streets
cannot be connected to the improved streets within the developed Woods of Southridge
neighborhood area to the west (also part of original Southridge plat) due to walls and
fences that have been erected over the years. As a result, an area initially intended to
be one community has been divided into two separate neighborhoods 0Noods of
Southridge, Southridge), and it is unlikely that these roads will be connected in the
future.
Within the Ridgewood Heights section of the redevelopment area S.W. 6th and S.W. 7th
Avenues are paved and S.W. 8th Avenue is an existing dirt road. In addition, S.W. 11th
Street is paved between S.W. 6th and S.W. 7th Avenues, and is a dirt road directly west
of S.W. 7th Avenue. Improvements were required for S.W. 7th Avenue and S.W. 11th
Street as part of the proposed project for Pine Grove Park (recreational facility for Pine
Grove Elementary School), located on the north side of S.W. 11th Street between S.W.
6th and S.W. 7th Avenues. These improvements included installation of sidewalks and
dedication of right-of-way to widen the roads from 50' to 60' per code. Since the
approval of the project, sidewalks have been installed along the east side of S.Wo 7"'
Avenue and the north side of S.W. 11"' Street. S.W. 6th Avenue is a substandard road,
containing only 25' of right-of-way. However, given the existing development to the east,
Fall Ridge of Delray, it is unlikely this road will ever be widened.
City staff has met with residents of Southridge and Ridgewood Heights at the
homeowner association's meetings to discuss the redevelopment plan and improvement
of the roads. Several alternatives have been discussed with the residents regarding
potential street layouts. Two of these layouts are examined in further detail in the
Redevelopment Plan section of this document.
Linton Boulevard: Linton Boulevard is classified as a county minor arterial road from
the west city limits to Federal Highway. Linton Boulevard currently operates at Level of
Service "D" from S. Federal Highway to S.W. 10t~ Avenue, and at a Level of Service
(LOS) "E" from 1-95 to S.W. 10th Avenue. However, the Palm Beach County Five-Year
Plan includes the addition of two lanes, from four lanes to six lanes for Linton Boulevard
from Congress Avenue to Military Trail. This improvement is scheduled for construction
in FY 2000/01.
Redevelopment Area #3 Plan
Page 19
S.W. 4th Avenue: S.W. 4th Avenue is classified as a two-lane City collector. It should
be noted that there are many ingress/egress points off S.W. 4th Avenue, and, given the
existing uses along this road, traffic calming measures may be investigated in any
redevelopment of parcels with access to this read.
Alleyways: North/south 12' wide alleys exist within Ridgewood Heights Blocks C and D
of the redevelopment area. These alleyways are generally unimproved, however
structures have been erected within this area, including utility pole lines and fences.
Also, portions of the alleys have been incorporated into abutting properties. Given these
circumstances it seems appropriate to abandon these rights-of-way.
Expanded Study Area
Some of the lots in the extended study area have frontage on S.W. 10"~ Street. S.W.
10th Street is classified as a city collector from Congress Avenue to Federal Highway
(S.E. 6th Avenue). This road currently operates at a Level of Service (LOS) "C" and no
improvements are scheduled. S.W. 6t' Avenue north is unimproved, however, this area
is incorporated into the Pine Grove School/Park facility. S.W. 7t~ Avenue is paved,
however, no street names are indicated at the intersection of S.W. 7"~ Avenue and SoW.
1 1th Street. S.W. 8t~ Avenue is an existing dirt road. S.W. 11th Street is paved east of
S.W, 7th Avenue, and unpaved (dirt road) west of S.W. 7t~ Avenue. Unimproved
north/south and east/west 12' wide alleyways exist within Blocks A and B. Structure
have been erected within these alleyways, including fences and utility pole lines. In
addition, some portions of the alleys have been incorporated into abutting properties.
SIDEWALKS AND STREET LIGHTING
Generally, the only sidewalks within Redevelopment Area #3 exist along S.W. 4th
Avenue and Linton Boulevard. Any redevelopment would necessitate examining the
installation of sidewalks for pedestrian traffic and safety. New sidewalks in the
residential areas should be tied in to the existing sidewalk system on S.W. 4th Avenue,
particularly for any children walking to Pine Grove Elementary School located at the
southwest corner of S.W. 10th Street and S.W. 4th Avenue. Transportation Element
Policy D-1.1 requires the installation of sidewalks with all new development and
redevelopment. Therefore, any new homes that are built have to provide a sidewalk.
Completion of the sidewalk system would require the support of more than half of the
residents. Residents would then be assessed for one-half of the cost and the City would
fund the other half of the installation.
Light poles were installed along the existing streets within Southridge approximately two
years ago, however, many of these light poles do not have fixtures. Residents on
Southridge Road have voiced concerns with respect to safety because there are few -
houses on these streets, and given the few number of functioning light poles, the area is
Redevelopment Area #3 Plan
Page 20
quite dark at night and early morning. There is more lighting within the Ridgewood
Heights section, however, no lighting exists on the section of S.W. 7th Avenue within the
redevelopment area.
It is recommended that street lighting be revisited in both the Southridge and Ridgewood
Heights areas to address safety and visibility issues.
=> Expanded Study Area
As previously indicated, there is more lighting in the Ridgewood Heights area, including
the expanded study area, however, the sidewalk system is not complete. VVith the
improvements to Pine Grove Park sidewalks have been installed along S.W. 7"' Avenue
and S.W. 11t~ Street.
per the Comprehensive Plan, Future Land Use Element Policy C-2.5 pertains to the
area on both sides of S.VV. 4th Avenue, north of Linton Boulevard, and is as
follows:
"This area involves warehouses, heavy industrial use, sporadic residential uses, and
vacant land. The vacant land was platted as a part of the Woods of Southridge
Subdivision. Residential use is most appropriate for the area west of S.VV. 4th Avenue.
Industrial and office uses are appropriate east of S.W. 4th Avenue."
The following discussion provides different scenarios for redevelopment of parcels within
Redevelopment Area #3. The scenarios are represented by sections, including east and
west of S.VV. 4th Avenue, and the expanded study area.
As previously stated, the purpose of the redevelopment plan is to improve and enhance
existing properties, encourage new development that is compatible with existing uses,
and stabilize residential communities. However, any land use changes need to consider
the Level of Service problems Linton Boulevard currently experiences.
Redevelopment Area #3 Plan
Page 21
WEST OF S.W. 4th AVENUE: SOUTHRIDGE AND RIDGEWOOD
HEIGHTS
Scenario 1:
These subdivisions were originally platted for single family residential use. In order to
assist in maintaining existing residential communities, and comply with the City's
Comprehensive Plan, it is recommended that single family homes be constructed as
originally intended, and abutting roads be improved, including installation of sidewalks (if
supported by the residents), fire hydrants where necessary, street lights and trees. It
should be noted that the Woods of Southridge residential area to the west is designated
in the Comprehensive Plan (HO-22, Residential Neighborhood Categorization Map) as
Stabilization, meaning there is the appearance of minor code violations and
maintenance problems, and some improvement is desired. Construction of new,
attractive moderately priced single family housing on the vacant parcels may help
promote this improvement, and encourage more neighborhood cohesiveness between
the existing neighborhood and future development area.
Scenario 2:
To provide a mix of housing, single family homes may be developed on vacant lots
within the Ridgewood Heights Subdivision, and Iow density townhouse type (multifamily)
structures on vacant lots within Southridge. Construction of multifamily type housing
would require aggregating properties, and replatting where fee simple ownership is
desired. Multifamily type housing would provide a buffer from existing single family
areas. It should be noted, however, that there are existing multifamily structures and
condominiums west, south and east of the study area, including:
I~l The Groves
CI Southridge Village Condo
Q Linton Ridge Condo
CI Fall Ridge of Delray
Ci Lakeview Apartments
CI Waterford Apartments
CI Lake Delray Apartments
{~ The Vinings
C} Town and Country Estate Condos
CI Palms of Delray
In addition, the Waterford Carriage Homes Apartments, are proposed on the south side
of Lindell Boulevard.
Redevelopment Area #3 Plan
Page 22
While the introduction of multifamily housing into this area would be an enhancement as
a substantial portion of this area contains vacant land zoned for residential use, it may
not encourage the neighborhood stabilization desired. Such development may create a
"checker pattern" around the existing single family residences, resulting in a housing
pattern that lacks harmony. In addition, such development would require rezoning
properties to either RL (Residential Multiple Family-Low Density, 3-6 dwelling
units/acre), or RM (Residential Multiple Family-Medium Density, 6-12 dwelling
units/acre).
Scenario 3:
Construction of single family homes in the vacant parcels within the Ridgewood Heights
Subdivision and rezoning of vacant properties within Southridge Subdivision to office for
Iow intensity office uses is another option. This scenario would encourage economic
activity, which is one of the goals of redevelopment. However, the other goal of
redevelopment is to help stabilize existing residential areas, and the injection of office
into an area originally intended for residential use would more than likely affect the
existing developed residential area of Southridge in a negative way.
Recommend Scenario 1. This area was originally intended for single family residential
purposes and by maintaining the R-1-A zoning classification the goal of stabilizing
neighborhoods is supported. In addition, given the surrounding land uses and traffic
network encouraging infill of single family homes in these areas will enhance the area
and have the least negative impact on S.W. 10th Street, S.W. 4th Avenue, and Linton
Boulevard. The platted park within Southridge (Point Park per plat) should be improved
and possibly expanded to include benches and play area and/or gazebo.
This scenario would require a Future Land Use Map Amendment. The recommended
designation is LD (Low Density Residential, 0-5 dwelling units per acre). This land use
designation is in keeping with the designation for the Woods of Southridge directly west,
which is also LD. Homeowners should be encouraged to maintain and enhance existing
residences and to work with each other to improve the neighborhood physically and
socially. Please refer to Appendix B for a description of LD Future Land Use Map
designation per the City's Comprehensive Plan.
Redevelopment Area #3 Plan
Page 23
EXPANDED STUDY AREA - RIDGEWOOD HEIGHTS BLOCKS A AND B
Improvements to Pine Grove Elementary School recreational facility have been
completed on Block A. Block B contains single family residences and vacant lots. Block
A is currently zoned CF (Community Facilities) and has a Future Land Use Map
designation of MD (Medium Density Residential, 5-12 du/ac). Block B is zoned R-1-A
(Single Family Residential) and has a Future Land Use Map designation of LD (Low
Density Residential). It is recommended that the FLUM designation for Block A be
changed to CF-S to be consistent with the CF-S FLUM designation of Pine Grove
Elementary School. The current zoning and FLUM designations for Block B should
remain, and single family residential infill and keeping vacant lots free of litter should be
encouraged. Please refer below for description of CF Future Land Use Map designation
per the City's Comprehensive Plan.
With the park improvements, sidewalks have been installed along S.W. 11~ Street and
S.W. 7th Avenue. The sidewalks should be continued south on S.W. 7th Avenue and
west on S.W. 11~ Street. Along with these improvements, S.W. 11th Street west of $.Wo
7t~ Avenue, and S.W. 8t~ Avenue are dirt roads which need to be paved. Installation of -
drainage system, and street trees should be included in a street improvement program
for this area.
NORTHWEST CORNER OF S.W. 4th AVENUE AND LINTON
BOULEVARD:
There are 14 parcels (several of which are under one ownership) located within this
portion of the study area. These lots are unplatted and undeveloped, except for the
INRC office building at the corner and an existing single family house next to the Fire
Station. The total site area is approximately eight (8) acres. Due to the configurations of
these parcels they must be aggregated in order to accommodate a unified developrner~t
which complies with development standards, as well as provide adequate vehicular
access to surrounding roadways.
Scenario 1:
Rezone all parcels to that of the existing INRC office, which is zoned Professional and
Office District (POD). The Land Development Regulations states the POD is intended to
provide a very limited application of professional, office, and similar intensity use to small
parcels on properties designated as Transitional on the Future Land Use Map and thus
mitigate against adverse effects which may occur with higher intensity application of
such usage. The POD permits such uses as professional offices, general business
Redevelopment Area #3 Plan
Page 24
offices, banks and financial institutions, finance, insurance, travel, and real estate
services, and medical offices. Activities subject to conditional use approval in the POD
include educational facilities, alcohol and drug abuse treatment facilities, mental health
treatment facilities, and veterinarian clinics.
This alternative would require that the parcels be rezoned and aggregated to
accommodate a small scale, Iow intensity, park like office development. Per the
Comprehensive Plan, economic development is an essential component of the
redevelopment and renewal efforts which are directed to the future of the City of Delray
Beach.
This scenario would encourage economic activity and would be in keeping with the land
uses along Linton Boulevard. The residential uses to the north would be buffered from
these possible nonresidential land uses via installation of decorative walls and/or
landscaping. However, Linton Boulevard at S.W. 4th Avenue is currently operating at a
Level of Service "D", which may limit office development. Such a development, although
intended to be Iow in intensity, could still have negative impacts on the surrounding
traffic network.
Scenario 2:
Rezone all parcels north and west of the INRC office building to allow for a mix of office,
commercial, and residential uses on a small scale. This scenario would require rezoning
the properties to a commercial zoning designation, such as General Commercial (GC) or
Planned Commercial (PC). These designations permit a mixture of retail, office,
residential and service uses, however, this land use scenario could potentially introduce
an array of activities too intense for this site. In addition to the potential intensity with
this scenario, traffic issues on Linton Boulevard with respect to LOS standard, and
compatibility with existing residential uses would need to be considered. Certain uses,
such as gasoline stations and high turnover (fast food) restaurants should not be
considered due to traffic and compatibility issues.
Scenario 3:
Encourage the development of residential at the corner (Iow density single family
residential or Iow density multifamily), and rezone properties to Multiple Family
Residential (RL or RM), or maintain the existing zoning, Single Family Residential (R-l-
A). The RL zone district permits single family detached dwellings, and duplex and
multifamily structure with a base density of three (3) units per acre and a range to six (6)
units per acre. The RM zone district allows single family and multifamily units with base
density of six (6) units per acre and a range to twelve (12) units per acre. The R-I-A
zone district is intended to accommodate single family residential homes. However,
there already exists a mix of existing residential uses in the general area, and economic
Redevelopment Area #3 Plan
Page 25
activities that will provide more jobs should be encouraged. Many of the multifamily
developments in the area, particularly those along Linton, have deteriorated. Given the
surrounding industrial and commercial uses and the intensity of traffic in the area,
residential development on this property is not encouraged.
Scenario 4:
Rezone all parcels in this area to a zoning classification that allows recreational
establishments such as pinball, air hockey, electronic games, skating rinks, and
miniature golf courses. VVith this scenario a small scale recreational area could be
targeted towards young people in the City. In order to allow these recreational uses, a
Future Land Use Map change to General Commercial would be required. However,
given these uses would likely generate a significant number of additional trips, this
scenario would require close examination of impacts on the surrounding road network.
It should be noted that with this scenario of primary concern are safety with respect to
pedestrian and vehicular traffic. Given the potential dangers at the corner of Linton and
4th, safety measures would need to be considered in order to protect children via
signage, bicycle paths, and restrictions on hours of operation.
Scenario Ii:
Change the' Future Land Use Map designation of the INRC building to Transitional, and
leave the remaining Redevelopment Area #3 Future Land Use Map designation and R-
1-^ zoning in place for the remaining properties. Within this plan indicate the possible
types of development that are desired for this area. Privately sponsored Future Land
Use Map and rezoning petitions could be considered based upon their consistency with
the Redevelopment Plan. This would provide the most flexibility, but a drawback is that
it leaves the property in a kind of "limbo" for an indefinite period.
Recommend Scenario 5. Each of the potential scenarios has certain benefits and
certain drawbacks. However, to adopt a specific Future Land Use Map designation at
this time, without a specific proposal in mind, could eliminate a potentially positive
development of the property. Therefore, Scenario 5 is recommended. The only Future
Land Use Map change to be processed at this time would be for the INRC building
(Transitional). This leaves the current Redevelopment Area #3 Future Land Use Map
designation and R-l-^ zoning in place as a kind of "holding" zone until a specific
development proposal is submitted. Please refer to Appendix B for a detailed
description of the proposed TRN Future Land Use Map classification.
The following parameters are hereby established for the consideration of any future
development proposals for this area:
Redevelopment Area #3 Plan
Page 26
· To the greatest extent possible, the properties are to be aggregated for a unified
development.
· Residential development, unless part of a comprehensive mixed use project or an
assisted living type facility, is not to be considered.
· Uses identified within Scenarios I and 4 are encouraged.
· Commercial uses may be appropriate if it can be demonstrated that the traffic can be
accommodated on the roadway network, and that impacts on the adjacent residential
uses will be minimal. A mix of uses, including retail, office and second story
residential, and entertainment is encouraged. Gasoline stations, fast food
restaurants, flea market/bazaar/merchandise marts, and auto repair and
maintenance type facilities shall not be considered.
· The style of development shall be of a distinctive amhitectural character that
enhances the area and encourages new investment and redevelopment.
· Adjacent residential areas are to be separated from the development by a wall and
substantial landscape buffer.
Residential development at a density between five and twelve units per acre, mobile
home parks and apartment development in addition to condominiums, Continuing Care
Facilities, A.C.LF., and various types of group homes are appropriate under this
designation. Nonresidential development at an intensity equivalent to that associated
with medium density residential land uses is also appropriate.
EAST OF S.W. 4th AVENUE
The area east of S.W. 4th Avenue is intended to handle heavy industrial uses with some
associated office and commercial uses. There are a limited number of areas within the
City that provide for heavy industrial uses, including the area east of 1-95, north of Lintor~
Boulevard; the Delray Industrial Park south of Linton Boulevard and west of Old Dixie
Highway; and the Hardrives site on S. Congress Avenue. The Mixed Industrial and
Commercial (MIC) zone districts, mostly located along Congress Avenue, are intended
to serve lighter industrial uses with office and commercial components.
Scenario:
The northeast corner of S.W. 4th Avenue and Linton Boulevard is a high visibility
location, and accessible to other economic activity, such as Plaza at Delray. Other
uses, such as a mix of recreational, office and retail activities might have been more
desirable at this location. However, given the existing development, the site's proximity
Redevelopment Area #3 Plan
Page 27
to 1-95 and the F.E.C. Railroad, and the limited number of locations that allow heavy
industrial uses in the City, the area should maintain the I and MIC zoning designations.
It should be noted this area is located within Wellfield Protection Area Zone ff~t. Any
redevelopment of the site for industrial purposes would require information regarding
potential existence of regulated substances, manner of containment, and compliance
with the Wellfield Protection Ordinance.
The Land Development Regulations state that the MIC is intended to provide for a mix of
industrial, commercial, and office uses. The primary use of property zoned MIC is to be
industrial (manufacturing, wholesale, repair). Office and retail uses are appropriate, but
only when within a building which has industrial uses. Security Self Storage, located at
the northeast corner of S.W. 4th Avenue and Linton Boulevard is zoned MIC.
Per the Land Development Regulations, the Industrial (I) District provides for industrial
land uses and their regulation so as to provide reasonable protection for the
environment and the public with respect to the impacts of such use. Any redevelopment
proposals for properties zoned Industrial would require close review of the proposed use
to determine impacts on the surrounding area, including environmental issues and
permitting requirements.
Encourage maintenance of properties within this area with respect to landscaping,
parking areas, and building facades. Any redevelopment of any parcels should ensure
that impacts to surrounding residential areas will be no more than the previous use(s),
and where possible, less. Although no changes are recommended for this area,
circumstances may change which may deem other non-industrial uses more
appropriate.
Maintenance of the existing zoning classifications within this section of the
redevelopment area (MIC and I) will require Future Land Use Map designation changes.
There are two categories of industrial land use: Commerce and Industrial. Per the
City's Comprehensive Plan, the MIC zoning district is consistent with the Commerce
Future Land Use Map designation and the I zoning district is consistent with the
Industrial Future Land Use Map designation (Figures 10 and 11). Please refer to
Appendix B for descriptions of these Land Use Map designations per the
Comprehensive Plan.
CEMETERY s.w. 9TH CT.
S.W. 10TH STREI
CF
PINE GRO~
CF ELEMENTARY
SCHOOL CF
~LSON
~ ST. R[ICLE A~NUE
FALL RIDGE
CENTRAL
OF DELRA Y S~RLINC A~NU[
THE a~NU[
GRO~5" ' ' SOUTHRIDGE ROAD
GULF STREAM
GC
LINTON TRUSS
ELLA ST. LIN TON I
·
:= RIDGE COUNTY
~ SANITATION
THE
PLAZA
AT
AVE,[ OELRA Y
SECURITY
SELF STORAGE !ONE PC
~o~oo MIC ~v~.
LIN TON BOULEVARD
PALM
-- COS TCO ~OR rCA GE
LAYER'S
PC DELRAYINDUSTRIAL
LAKEVIEW PARK
N FIGURE 10
~ REDEVELOPMENT #3 STUDY AREA
c,r~ of OELR^¥ eE^c.. ~ - PROPOSED ZONING
PLANNING & ZONING DEPARTMENT
-- DIG. Il'ilL ~SE 1~44P ~}'~rEM -- MAP REF: LMA~B
$.W. 9TH ST.
OSI - os
S,W. lOTH STREET
PINE GROVE
EL EMEN TAR Y
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S,W. llm ST. REIGI.£ AVENUE
FALL RIDGE ~
OF DELRA Y S~RLINC A~NU[
THE AVENUE
GROVES SOUTHRIDGE
GULF STREAM
COMMERCIAL CENTRE
.~ss, E ~,. CMR
FLLA ST. LIN TON
RIDGE COUNTY I
SANtTA T/ON
THE
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AT
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MD SELFSTORAGE ONE
LIN TON
CMR BLVD.
CONDO
L N TO N BOULEVARD
--
-- COSTCO ~ ' ~u~uc~R
A PA R TMEN TS
N FIGURE 1 1
~ REDEVELOPMENT #3 STUDY AREA
c~ or D~L.A¥ .E^C.. r~ - PROPOSED FUTURE LAND USE MAP DESIGNATION -
PLANNING ~ ZONING DEPARTMENT
-- O/GIT'AL ~,4.SE' MAP SYSTEM -- MAP REF: LMA88
Redevelopment Area #3 Plan
Page 30
INFRASTRUCTURE
Redevelopment of the study area will .require improvements/extensions with respect to
water and sewer, additional fire hydrants, paving of unimproved roads, and installation of
lighting and sidewalks, most notably within the undeveloped portion of Southridge. A
traffic analysis may need to be conducted to review hypothetical redevelopment
scenarios at S.W. 4th Avenue and Linton Boulevard. Such studies may impact which
alternative(s) are selected. Traffic pattern modification techniques may be utilized along
S.W. 4th Avenue to alleviate any additional traffic impacts generated by the
redevelopment. Proposed infrastructure improvements related to redevelopment of the
S.W. 4th area will need to be integrated into the Capital Improvements Plan.
WATER, SEWER, AND DRAINAGE
Southridge and Ridgewood Heights: Water mains exist within Southridge, Southridge
Road and Zeder Avenue (6" and 8", respectively). A water main must be installed within
the Douglass Road right-of-way to accommodate development of vacant lots along this
read, as well as provision of fire suppression (installation of fire hydrants). All roads
within Ridgewood Heights contain 8" water mains. Fire hydrants are located on these
streets as well, with one on S.W. 6th and S.W. 7th Avenues each, and two on S.W. 8th
Avenue. A 10" sewer main exists within Southridge Road and an 8" sewer main is
located in Zeder Avenue. A sewer main will need to be installed within Douglass
Avenue at the time this read is improved. Within Ridgewood Heights, 8" sewer mains
exist within S.W. 7th and S.W. 8th Avenues, and a 10" water main is located within S.W.
6th Avenue.
Currently, there are no drainage improvements within these areas. VVhen these roads
are improved drainage improvements will need to be installed to handle surface water.
Unplatted Parcels/INRC Building - West Side of S.W. 4th Avenue: The INRC office
building at the northwest corner of S.W. 4th Avenue and Linton Boulevard has access to
a 20" water main within S.W. 4th Avenue. A fire hydrant is located adjacent the building.
With respect to sewer, Lift Station 26C is located on this site and connects to a 6" force
main within S.W. 4th Avenue. With any development of the unplatted parcels zoned R-
l-A, installation of water and sewer mains, fire hydrants, and drainage improvements
must be accommodated. The location of these improvements will depend upon site
design layout of any proposed development(s).
Commercial/Industrial Uses - East Side of S.W. 4th Avenue: The existing industrial
uses along S.W. 4th Avenue have access to water service via connections to an existing
6" water main within S.W. 4th Avenue. An 8" water main extends along the County
Sanitation's north property line. The Self Security Storage and One Linton
Redevelopment Area #3 Plan
Page 31
Boulevard uses have access to an 8" water main within Linton Boulevard. The industrial
uses on Southridge Road and S. Swinton Avenue (east side of S.W. 4th Avenue) are
serviced by 2" and 8" water mains within these rights-of-way. Fire hydrants are located
along S.W. 4th Avenue adjacent Gulf Stream Commercial Centre and Linton Truss. Fire
hydrants are located on the BFI County Sanitation, Tarmac, Security Self Storage, and
One Linton Boulevard properties. With respect to the industrial uses with frontage on
Southridge Road and Swinton Avenues two hydrants are located Southridge Road and
one fire hydrant is located at the end of Swinton Avenue.
Sewer service is available to the properties on S.W. 4th Avenue via 6" and 10" sewer
mains, and a private lift station on the Linton Truss site. Sewer service is available to
the industrial uses on Southridge Road and Swinton Avenue via existing sewer mains
within these roads.
STREETS AND TRANSPORTATION
Southridge and Ridgewood Heights: The roads needing the most improvements are
within the Southridge and Ridgewood Heights sections of the redevelopment area.
These roads are unpaved yet serve residentially zoned lots. It has been previously
recommended that these areas retain their residential intent. Based upon comments
provided by the Southridge and Ridgewood Heights homeowners, several designs for
street layouts in these areas were considered by staff, and two options are being
reviewed in this report.
Street Design Option h This layout shows a cul-de-sac at the end of Douglass Road,
and a connection to link Southridge Road and Zeder Avenue (Figure 12). This layout
would require purchasing a portion of lots in order to provide the linkage between the
two streets. The streets within Ridgewood Heights (S.VV. 6th, S.VV. 7th, and S.VV. 8th
Avenues) would be improved as per the plat layout.
Street Design Option Ih This layout connects Douglass Avenue and SoW. 6th
Avenue, and Southridge Road and Zeder Avenue (Figure 13). The lots to be utilized
in making these connections are vacant and would require that they be purchased.
It should be noted that Southridge residents have voiced concerns regarding the
connection to S.W. 6th Avenue, stating this layout would introduce other points of
access and add more traffic onto Southridge streets. The Southridge residents are more
supportive of Option 1.
These layouts were reviewed by the Police Department and Option 2 was not supported
due to previous drug activity on S.W. 6th Avenue and the vacant lot directly south, which
resulted in the barricading of that road approximately 4-5 years ago. However, there
was no objection to Option 1.
FIGURE 12
[[%!1 CITY of DELRAY B~!CH I[PROPO SED REDRVELOPIIENT [[ m"~°~-~'~i
10TH STREET
S.W. IlTH ST. REIGLE AVE.
STERUNG AVE:.
DOUGLASS AVENUE
SOUTHRIDGE RD.
BESSIE ST.
ELLA ST.
SOUTHRIDGE RD. :Z[DF.~ BENJAMIN AV.
LIN ON BOULEVARD
FIGURE 13
CITY of DEL1L~Y BEACH PROPOSED REDEYELOPN[ENT
ENVIRONI{ENTAL SERVICES DEPARTMENT AREA #3 RIGHT-0F-~AY
t34 S0UT~ ~ IVK~FF~ P~Y m~lc~. FLO~])t 33444 OPTION-2 ,
Redevelopment Area #3 Plan
Page 34
Alleyways: North/south and east/west alleyways exist within Ridgewood Heights
(including the expanded study area). These alleys are generally unimproved, however,
several structures have been erected within them, including fences and power poles. All
developed and vacant lots abutting the alleys have primary access from the surrounding
streets. It is recommended that these alleys be abandoned and equally divided between
abutting property owners on both sides for incorporation into these adjacent lots.
Industrial/Commercial Uses East Side of S.W. 4th Avenue: These uses generally
take access from S.W. 4th Avenue, Linton Boulevard, and Southridge Road. In the
event the uses change within this area, depending upon site design layout existing curb
cuts may be eliminated and new curb cuts established. Any new uses will need to be
reviewed for impacts on the surrounding traffic network.
Unplatted Parcels West Side of S.W. 4th Avenue: Regardless of the scenario
selected for this area (residential, mixed use), internal traffic circulation will need to be
provided for any development. Given the existing traffic and potential traffic flow
Linton Boulevard, it is recommended that any new development take access from both
Linton Boulevard and S.W~ 4th Avenue where possible.
HOUSING
Utilizing data provided by the Department of Community Affairs (DCA), the
Comprehensive Plan states: "The greatest need identified in the years 1995 through
2000 is for single family homes, which is forecast at 747 units." Data also indicates an
estimated additional 1,504 rental housing units would be needed through the year 2005.
Proposed developments and projects under construction pushes the City ahead in
providing these housing needs.
Per the Comprehensive Plan, infill housing for Iow and moderate income families is
encouraged with the redevelopment of this area. Construction of single family homes
within the undeveloped portions of the Southridge and Ridgewood Heights is
encouraged to help stabilize the existing neighborhoods and improve property values
and the area in general. A large number of vacant lots exist within these subdivisions to
realize this goal. In addition, the vacant land zoned R-1-A located at the northwest
corner of Linton Boulevard and S.VV. 4th Avenue can accommodate infill housing
projects. Programs exist to encourage construction and rehabilitation of Iow and
moderate income housing, such as the City's SHIP, HOME and Bootstrap Rehab
Program, CDBG grants, the Delray Beach Housing Authority, the Federal Home Loan
Bank Affordable Housing Program, and other potential private/public joint ventures such
as Habitat for Humanity.
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Aesthetic Improvements/Design
The adoption and implementation of aesthetic appearance codes on the east side of
S.W. 4th Avenue is encouraged, including installation of trees and landscaping where
possible, and upkeep and maintenance of structures. Depending upon the alternative
selected, where proposed non-residential is to abut existing or proposed residential
development, provisions should be made for adequate buffering, including erection of
decorative walls and/or landscaping. Currently poorly kept hedges and chain link
fences are located along the industrial properties adjacent to the F.E.C. Railroad. In
addition, the F.E.C. Railroad right-of-way adjacent to Old Dixie Highway is in need of
maintenance. Green or black vinyl coating is encouraged to be applied to chain link
fences in the area.
Proposed buildings, residential and non residential, should provide interesting elevations
with character that will add to the area aesthetically and encourage the improvement of
adjacent properties. Street lighting should be installed where required for safety and
visibility purposes. As previously discussed, sidewalks should be provided if a majodty
of the residents support their installation and are willing to accept one-half of the cost via
an assessment. Installation of trees along streets, particularly in undeveloped portions
of platted subdivisions is encouraged to improve the appearance of the community
Point Park: The parcel platted as "Point Park" within the Southridge Subdivision is
currently overgrown. However, as an enhancement to the overall neighborhood, this lot
should be improved, with consideration given to expanding the park through the
purchase of adjacent vacant lots. The neighborhood association should be responsible
for maintaining this park and ensuring that it remains an asset to the area.
CAPITAL IMPROVEMENT PLAN
Infrastructure improvements to the Southridge area are identified in the draft City Capital
Improvement Plan, which covers fiscal years 1999/2000-2003/2004. The funding source
proposed for these improvements will come from enterprise funds (special assessments
or user fees). Paving and drainage improvements are identified under "Stormwater
Utility Fund", and the estimated cost for these upgrades is $497,000. Water and sewer
improvements are listed under "Water/Sewer Renewal and Replacement Fund", and the
cost estimate of these upgrades is $90,000. These improvements are scheduled for
Fiscal Year 2001/2002.
The proposed infrastructure improvements and upgrades are necessary in order to
provide basic services to existing residents, and to promote infill residential
development. The upgrades to this area are in keeping with Capital Improvement
Element Objective A-1 of the City's Comprehensive Plan, which states the following:
Redevelopment Area #3 Plan
Page 36
The City shall direct financial resoumes to the task of maintaining and upgrading existing
public facilities as necessary to assure that the entire City achieves the adopted levels of
service. To this end, the City shall allocate sufficient reserves and annual recurring
funding to address critical needs and system deficiencies.
COMMUNITY INVOLVEMENT
In order to strengthen community ties and improve the overall character of the
neighborhoods, Southridge and Ridgewood Heights neighborhood association meetings
should continue on a regular basis. A neighborhood crime watch should be created to
monitor activity in the general area. Also, these neighborhoods should continue to work
with the City with respect to code enforcement issues, implementing and enhancing the
redevelopment plan, and crime watch.
TThe Planning and Zoning Board and City Commission are to review the
redevelopment plan and provide recommendations. The adoption of the plan will
require that the Comprehensive Plan, Zoning District Map and Future Land Use
Map be amended to reflect the provisions identified in the plan. Depending upon type of
development to occur, properties will need to be purchased and aggregated to
accommodate road improvements, and to construct residential and nonresidential
projects in compliance with City standards. Multifamily and non residential projects will
be required to be reviewed by the Site Plan Review and Appearance Board.
IMPLEMENTATION STEPS
Adoption of Redevelopment Plan
Future Land Use Map Amendments and Rezonings
Purchase of Properties Associated with Road Improvements
Construction of Improvements
Promote Development of VaCant Lots and Redevelopment/Upgrades of Existing
Properties
Implement and Monitor Redevelopment Plan
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Section 4.4.3 Single Family Residential (R-l) Districts:
(A) The Single Family Residential Districts have been .created in order to
provide areas where the traditional single family detached residence can be established
and maintained and be protected from the unwarranted intrusion of other inappropriate
uses. Further, the Single Family Residential Districts are established in compliance with
provisions of Goal Area "A" of the Comprehensive Plan which calls for the preservation
of maintenance of stable neighborhoods. The following Single Family Residential
Districts are regulated by this Section:
* R-l-AAA
* R-1-AAAB
* R-l-AA
* R-1-AAB
* R-1-A
* R-l-AB
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the Single Family Districts as a permitted use:
(1) Conventionally sited Single Family Detached Residences.
(2) Foster Homes pursuant to restrictions set forth in Section 4.3.3.(I).
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as:
bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, guest
cottages, playhouses, pool houses and covers, pump houses, slat houses, storage
sheds, tennis courts, swimming pools, and workshops.
(2) Home occupations subject to the restrictions set forth in Section
4.3.3(K).
(3) Family Day Care pursuant to restrictions set forth in SectiOn 4.3.3(T)
(Child care, up to five children).
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(4) Home Tutorial Services subject to the restrictions set forth in
Section 4.3.3(KK).
(5) Recreational facilities attendant to a subdivision which is operated
under a bonafide homeowners association such as: tennis courts, swimming pools,
exercise area, clubhouse, and golf courses.
(6) The rental or lease of a boat dock when the dock is assigned to, or
on the same lot as each residential use on a one-to-one basis.
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the Single Family Districts.
(1) Child Care and Adult Day Care
(2) Churches, or places of worship, and their attendant educational,
nursery, Sunday school, recreational, and columbarium facilities. The foregoing does
not allow establishment of educational and care uses such as elementary school and
general day care; however, such uses may be established by a separate conditional use
application for child care or rezoning to C.F., as appropriate.
(3) Educational Facilities subject to the restrictions set forth in Section
4.3.3(HH).
(4) The use of common recreational facilities such as swimming pools
and tennis courts, associated with a subdivision, for club or commercial purposes.
(5) Single Family Detached Residences in zero lot developments but
only in the R-1-A and R-l-AA Districts.
(6) Level I Group Homes.
(E) Review and Approval Process:
(1) All principal uses and accessory uses thereto shall be allowed upon
application to and approval by the Chief Building Official for structures which require a
building permit and otherwise complying with applicable use restrictions.
(2) Conditional uses must be approved pursuant to the provisions of
Section 2.4.5(E).
(3) The creation of a new lot for the purpose of building a single family
residence requires platting pursuant to 2.4.5(J) or (K), as applicable.
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(F) Development Standards: The development standards as set forth in
Section 4.3.4 shall apply.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply.
(H) Special Regulations:
(1) The height of accessory structures shall not exceed the height of the
associated principal structure. Screen enclosures without a solid roof are excluded from
this limit.
(2) The floor area of an accessory structure shall not exceed 40% of the
floor area of the principal structure.
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Section 4.4.5 Low Density Residential (RL) District:
(A) Purpose and Intent: The Low Density Residential (RL) District provides a
residential zoning district with flexible densities having a base density of three (3) units
per acre and a range to six (6) units per acre. Further, the Low Density Residential
District provides for implementation of provisions of Goal Area "C" of the Comprehensive
Plan and, more specifically, Policy C-2.1 which calls for providing sites for single family
detached and Iow density planned residential development.
(B) Principal Uses and Structures Permitted: The following uses are allowed
within the (RL) District as a permitted use:
(1) Single family detached dwellings
(2) Duplex structures
(3) Multiple Family Structures
(4) Group Homes, Level I
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(1) Uses and structures normally associated with residences such as:
bird aviaries, boat docks, dog houses and dog runs, garages, greenhouses, playhouses,
pool houses and covers, pump houses, slat houses, storage sheds, tennis courts,
workshops, and home occupations.
(2) Family Day Care pursuant to restrictions set forth in Section 4.3.3(T)
(Child Care, up to five children).
(3) Home Tutorial Services subject to the restrictions set forth in
Section 4.3.3(KK).
(4) Home Occupations.
(5) Recreational facilities attendant to a subdivision which are operated
under a bonafide homeowners association such as: tennis courts, swimming pools,
exercise area, clubhouse, and private golf courses.
(6) The rental or lease of a boat dock when the dock is assigned to, or
on the same lot as, each residential use on a one-to-one basis.
Redevelopment Area #3 Plan
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(7) Guest cottages, only when accessory to a single family detached
structure.
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the RL District.
(1) Child care and Adult Day Care.
(2) Churches, or places of worship, and their attendant educational,
nursery, Sunday school, recreational, and columbarium facilities. The foregoing does
not allow establishment of educational and care uses such as elementary school and
general day care; however, such uses may be established by a separate conditional use
application for child care or rezoning to CF as appropriate.
(3) Educational Facilities subject to the restrictions set forth in Section
4.3.3(HH).
(4) The use of common recreational facilities such as swimming pools,
tennis courts, and golf course (associated with a subdivision) for club or commercial
purposes
(5) Single Family Detached Residences in zero lot developments.
(6) Group Homes, Level II.
(E) Review and Approval Process:
(1) Single family and duplex uses and accessory uses thereto shall be
allowed upon application to and approval by the Chief Building Official for structures
which require a building permit and otherwise complying with applicable use restrictions.
(2) Multiple family uses and structures must be approved by the Site
Plan and Appearance Board pursuant the provisions of Sections 2.4.5(F), 2.4.5(H), and
(3) The creation of a new lot for the purpose of building a single family
residence requires platting pursuant to 2.4.5(J) or (K), as applicable.
(4) Conditional uses must be approved pursuant to the provisions of
Section 2.4.5(E).
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(F) Development Standards:
(1) The provisions for the R-1-A District shall apply for single family
detached dwellings.
(2) The development standards as set forth in Section 4.3.4 shall apply
for duplex and multifamily development.
(G) Supplemental District Regulations: The supplemental district
regulations as set forth in ,Article 4.6 shall apply.
(H) Special Regulations:
(1) A minimum density of three units per acre is established for duplex
and multiple family housing projects within this District. Density may exceed the base of
three (3) units per acre only upon a determination by the Local Planning Agency thaf~
resulting development is harmonious with adjacent properties and does not adversely
affect areas of environmental significance or sensitivity. However, the maximum density
shall not exceed six (6) units per acre.
(2) Notwithstanding the above, a duplex may be situated upon a platted
lot pursuant to Section 4.3.4(I)(3)(b).
(3) The height of accessory structures shall not exceed the height of the
associated principal structures. Screen enclosures without a solid roof are excluded
from this limit.
(4) The floor area of an accessory structure shall not exceed 40% of the
floor area of the principal structure.
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Section 4.4.19 Mixed Industrial and Commercial (MIC) District:
(A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District is
created in order to provide for a mix of industrial, commercial, and office use in a single
zone district. The uses allowed are intended to enhance employment opportunities in
the industrial, manufacturing and trade sectors, with supporting business and
professional office functions. Retail uses are appropriate on a limited basis, and only as
a secondary use within the district. The MIC District is to be located in areas designated
for the primary use - industry and commerce - as shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the MIC District as a permitted use:
(1) Industrial Uses: The manufacturing, fabrication and wholesale of
items and other uses as described in Section 4.4.20(B)(1), (2) and (3).
(2) Service Industry: Uses which provide an off-site service but
maintain inventory, storage and an office at a central location, as described in Section
4.4.20(B)(5).
(3) Business and Professional Offices: Including, but not limited to
finance, insurance, real estate, accounting and bookkeeping services, advertising
services, photographic studios, architectural and engineering services, computer and
data processing services, correspondence and vocational schools, credit reporting and
collection, detective and protective services, legal services, travel agencies, and general
offices for an individual, partnership or corporation.
(4) Retail Trade: Retail uses as a secondary use within any one
building that has as its primary occupant an industrial or service industry use, but only to
the extent that the floor area for all retail use (either accessory to an industrial use or
not) shall not exceed 25% of the floor area of the total building. Although an intent of
this Zoning District is to allow retailing of items manufactured, fabricated, or wholesaled
on-site, additional retail uses may be allowed. Such additional uses may include, but
are not limited to:
(a) Apparel and accessory stores;
(b) Bakeries;
(c) Building materials and garden supplies, except mobile home
dealers;
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(d) Camera and photographic equipment and supplies;
(e) Hobbies, games, and toys;
(f) Jewelry, gifts, novelties;
(g) Luggage and leather goods;
(h) Mail order houses;
(i) Radio and television sets;
(j) Seasonal holiday items (Christmas trees, fruit baskets, other
seasonal items);
(k) Sporting goods, including bicycles.
(5) Interior Design and Furnishings: The wholesale, retail, storage, and
distribution of home furnishings, floor coverings, wall coverings, lighting, and other items
related to the finishing and furnishing of interior space.
(6) Other Processes and Activities: The following activities may also be
conducted:
(a) Dry cleaning and laundering;
(b) Emissions testing.
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a pat of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse and service areas
(3) Provisions or services and repair of items incidental to principal
uses.
(4) Storage of inventory, equipment, or materials, within a structure or
in an approved outside location.
(5) The conducting of auctions incidental to a principal use, and subject
to the provision of parking at the rate required for general commercial uses.
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(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional uses within the MIC
Zone District:
(a) Adult Entertainment Establishments, pursuant to the
provisions of 2.4.5(E);
(b) Kennels, no on-site disposal of carcasses;
(c) Material and component recovery for reuse, such as the
dissassembly and resale of computer components, appliances, and electrical
components. This does not include resource recovery facilities as described and
regulated by Section 4.3.3(Z);
(d) Towing services, with no outside storage;
(e) Automobile paint, body, and repair shops;
(f) Boat repair and service;
(g) Self-Service Storage Facilities (SSSF), pursuant to the
provisions set forth in 4.3.3(A).
(2) The following additional uses are also allowed as conditional uses in
the MIC zoning district. However, any outside storage associated with such uses may
not be located within one hundred and fifty feet (150') of any property line adjacent to an
arterial roadway (excluding Interstate 95);
(a) Lumberyards;
(b) Garages and lots for the parking and storage of vehicles,
including the storage of light trucks, up to and including two-ton trucks;
(c) Storage and rental of light construction equipment not over
twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high;
(d) Monument and ornamental stone cutting;
(e) Rental and sales of modular buildings.
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(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon
application to, and approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development approval must be granted by the Site
Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and (I).
(F) Development Standards: The development standards as set forth in
Section 4.3.4 shall apply.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply.
(H) Special Regulations:
(1) Loading and unloading shall be restricted to side and rear yards and
shall be prohibited within the front yard setback.
(2) VVithin the front yard setback, the first ten feet (10') abutting the
right-of-way shall be a landscaped area within which no paving shall be allowed except
for driveways and walkways leading to structures on the premises. Such driveways and
walkways shall be generally perpendicular to the property line.
(3) Overhead doors shall be prohibited from facing a public right-of-
way.
(4) Except for outside storage approved pursuant to Section
4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed
building.
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Section 4.4.20 Industrial (I) District
(A) Purpose and Intent: The Industrial (I) District provides for industrial land
uses and their regulation so as to provide reasonable protection for the environment and
the public with respect to the impacts of such use.
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the Industrial District as a permitted use:
MATERIALS: PRODUCTS:
ceramics and plaster appliances
fiberglass bakery products
glass beverages, alcoholic and nonalcoholic
leather cabinets
tobacco clothes
wood computer chips and computer components
cosmetics
dry ice
electronic components -~
PROCESSES: furniture
ice
millwork (woodwork) optical
welding pharmaceuticals
signs of all / any materials
sporting goods
textiles
toys
(2) Fabrication and/or Assembly: The working or combing of processed or
manufactured materials or parts which are then prepared for distribution for sale. All
processes and products identified under "manufacturing" are permitted as are the
following:
PROCESSES: PRODUCTS:
assembly of mechanical and / or communication devices (radio, television,
component parts cameras)
bottling confectioneries
engraving metal goods
machine shops precision instruments
printing newspapers, books, periodicals
Redevelopment Area #3 Plan
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repair of damaged goods and
products which may have been
manufactured on the premises
(3) Wholesaling, Storage, and Distribution: The wholesaling, storage,
and distribution of any products which may be manufactured, assembled, or fabricated
on the premises. In addition, the following items may be wholesaled, stored, or
distributed:
household furnishings and goods
moving and related storage
(4) Other Process and Activities: The following activities and processes
may also be conducted:
automobile paint, body, and repair shops
boat repair and service
cold storage
dry cleaning
emissions testing
frozen food lockers, including personal lockers
laundering
publishing
tailoring
(5) Service Industry: Service Industry uses are those which are
primarily engaged in providing an off-site service but which maintain inventory, storage
of materials, and a business office at a central location. Repair of equipment and
materials associated with the service is also permitted at this central location.
Land Development Services (e.g., surveying, soils testing, mapping, architectural,
engineering).
Contractor and Trade Services (e.g., general contractor, electrician, plumbers, heating
and air-conditioning specialists, swimming pool maintenance, landscaping services,
exterminators, equipment and tool rental).
Repair of office equipment (e.g., typewriters, computers, data processing equipment).
Business Services (e.g., typewriters, computers, data processing equipment).
Limousine Service.
Gun Ranges (indoor).
Redevelopment Area #3 Plan
Page 49
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
(1) Parking lots;
(2) Refuse and service areas;
(3) Outside storage;
(4) Snack bar and sale of convenience goods when limited to
employees who work in the general industrial area;
(5) Caretaker residence and or facilities for temporary ho'using of
security personnel;
(6) Business offices, accessory to the primary industrial use.
(D) Conditional Uses and Structures Permitted: The .following uses are
allowed as conditional uses:
(1) Boat manufacturing, repair, and/or service;
(2) Bulk storage, gas and oil;
(3) Concrete products manufacturing, including concrete block and
redimix concrete;
(4) Custom fiberglass shops;
(5) Dairy processing;
(6) Heavy equipment and tool rental;
(7) Bulk fertilizer sales, excluding compost heaps;
(8) Garages for parking and storage of vehicles;
(9) Junkyards;
(10) Kennels, no on-site disposal of carcasses;
(11) Lumberyards;
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(12) Meat cutting and wholesale storage;
(13) Monument and ornamental stone cutting;
(14) Rental and sales of modular buildings;
(15) Material and component recovery for reuse, such as the
disassembly and resale of computer components, appliances, and electrical
components. This does not include resource recovery facilities as described and
regulated by Section 4.3.3(Z);
(16) Scrap metal recycling, when all operations and storage are in a
completely enclosed building, which generates no emissions, and which does not create
a noise disturbance in violation of Chapter 99 of the City Codes;
(17) Storage of light trucks, up to, and including two-ton trucks, and light
construction equipment not over 24 feet long, eight feet wide, and ten feet high;
(18) Towing services and attendant storage;
(19) Truck terminals and storage facilities.
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon
application to, and approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site
Plan Review and Appearance Board pursuant to Sections 2.4.5(F), (H) and (I).
(3) Conditional uses must be approved pursuant to Section 2.4.5(E)o
(F) Development Standards: The development standards as set forth in
Section 4.3.4 shall apply except that minimum lot area dimensions shall not apply to lots
of record as of September 1, 1990.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply.
(H) Special Regulations:
(1) Loading and unloading shall be restricted to side and rear yards and
shall be prohibited within the front yard setback.
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Page 51
(2) Within the front yard setback, the first ten feet (10') abutting the
right-of-way shall be a landscaped area within which no paving shall be allowed except
for driveways and walkways leading to structures on the premises. Such driveways and
walkways shall be generally perpendicular to the property line.
(3) Overhead doors shall be prohibited from facing the right-of-way of
an arterial or collector street.
Redevelopment Area #3 Plan
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Section 4.4.16 Professional and Office (POD) District:
(A) Purpose and Intent: The Professional and Office District (POD) is created
in order to provide a very limited application of professional, office, and similar intensity
use to small parcels on properties designated as Transitional on the Future Land Use
Map and thus mitigate against adverse effects which may occur with a higher intensity
application of such usage.
(B) Principal Uses and Structure Permitted: The following types of use are
allowed within the POD District as a permitted use:
(1) Professional Offices such as accountants, architects, attorneys,
chiropractors, dentists, engineers, independent trustees, landscape architects, opticians,
optometrists, osteopaths, physicians, psychologists, surgeons, and interior designers.
(2) General Business Offices for businesses without outside storage of
inventory or equipment.
(3) Banks and Financial Institutions including drive-through facilities°
(4) Finance, insurance, travel, and real estate services.
(5) Medical Offices including clinics with out patient facilities only.
(C) Accessory Uses and Structures Permitted: The following uses are allowed
when a part of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse and service areas
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the POD District:
(1) Educational facilities, training centers, and vocational schools.
(2) Alcohol and Drug Abuse Treatment Facilities.
(3) Mental Health Treatment Facilities with or without residential care
programs and facilities.
(4) Veterinarian Clinics.
Redevelopment Area #3 Plan
Page 53
(5) Funeral Homes
(6) Licensed, professional providers of personal services, e.g.
pedicurist, beauticians, and cosmetologists.
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon
application to, and approval by, the Chief Building Official for a certificate of occupancy.
(2) For a new development approval must be granted by the Site Plan
Review and Appearance Board pursuant to Sections 2.4.5(F), (H)., and (I).
(3) Conditional uses must be approved pursuant to the provisions of
Section 2.4.5(E).
(F) Development Standards: The development standards set forth in Section
4.3.4 shall apply.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply.
Redevelopment Area #3 Plan
Page 54
Section 4.4.21 Community Facilities (CF) District
(^) Purpose and Intent: The Community Facilities (CF) District is a special
purpose zone district primarily, but not exclusively intended for locations at which
facilities are provided to serve public, semi-public, and private purposes. Such purposes
include governmental, religious, educational, health care, social service, and special
facilities. It is also applied to regulated properties subjected to a transfer of development
rights pursuant to Section 4.6.20
The CF District is deemed compatible with all land use designations shown on the
Future Land Use Map.
(B) Principal Uses and Structures AIIowed: The following types of use are
allowed within the CF District as a permitted use:
(1) Governmental, such as: civic centers, courts, courthouses,
temporary holding facilities, fire stations, governmental offices, public health facilities,
law enforcement offices and facilities, post offices, public utility facilities (e.g. lift
stations), water storage tanks, water treatment plants, water wells, wastewater treatment
plants, drainage facilities.
(2) Community, such as: civic centers, community centers, community
theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums,
public parking lots and garages.
(3) Recreation, such as: community centers, tennis centers, swimming
centers.
(4) Services, such as: abused spouse residences, child care centers,
day care centers, community residential facilities with six or less occupants.
(5) Religious, such as: churches and places of worship with attendant
uses of day care, pre-school, educational facilities, and with other normal educational
(Sunday school) and recreational facilities, and support facilities (e.g., parsonage).
(6) Restricted usage allowed pursuant to an ordinance enacted to sever
development rights under a Transfer of Development (TDR).
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use:
(1) Parking lots and garages
Redevelopment Area #3 Plan
Page 55
(2) Service and Refuse Areas
(3) Cafeterias, snack bars, restaurants, exercise facilities, etc., when
contained in the same structure as the principal use.
(4) Storage of inventory, equipment, or materials, within a structure or
in an approved outside location.
(5) Concessions and services provided under a license agreement with
the City.
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses:
(1) Health Care, such as: adult congregate living; continuing care;
homes for the aged; nursing homes; substance abuse treatment facilities; hospitals, with
or without helipads and associated laboratories, treatment centers, rehabilitation
centers, and testing facilities; and mental health treatment facilities including residential
care.
(2) Educational, either public or private, and vocational schools except
for training or programs which can be conducted in multipurpose buildings or offices
(e.g. a dance school, real estate school, etc.) which may be located in various
commercial districts.
(3) Services, such as: community residential homes with seven or
more occupants.
(4) Transportation, such as: bus stations, railway stations, taxi dispatch
(more than one taxi), and park and ride areas.
(5) Special Services and Facilities, such as: privately operated parking
lots and garages; stadiums and arenas; refuse transfer stations; resource recovery
facilities, pursuant to provisions of Section 4.3.3(Z); and power transfer stations.
(E) Review and Approval Process:
(1) In established structures, principal and accessory uses shall be
allowed therein upon application to, and approval by, the Chief Building Official for a
certificate of occupancy.
Redevelopment Area #3 Plan
Page 56
(2) For any new development, approval must be granted by the Historic
Preservation Board or the Site Plan Review and Appearance Board pursuant to Sections
2.4.5(F), 2.4.5(H), and (I).
(3) Conditional uses must be approved pursuant to Section 2.4.5(E).
(F) Development Standards: The development standards as set forth in
Section 4.3.4 shall apply as guidelines for site development. While deviations from
these standards are allowed, each deviation must be specifically approved by the
Historic Preservation board or the Site Plan Review and Appearance Board.
(G) Supplemental District Regulations: The supplemental district regulations
as set forth in Article 4.6 shall apply.
(H) Special Regulations:
(1) The perimeter setback area, when provided, shall be a landscaped
area within which no paving shall be allowed except for driveways and walkways leading
to structures on the premises. Such driveways and walkways shall be generally
perpendicular to the property line.
(2) When this zone district is adjacent to residential zoning, the
perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an
alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic
and buffer purposes.
Redevelopment Area #3 Plan
Page 57
LD (Low Density Residential): This designation is applied to land which is developed,
or is to be developed, at a density of five units per acre or less. Such land is usually
developed for single family purposes, although mixed
residential uses may occur under a planned residential zoning district. Home ownership
is characteristic of this designation. Where this designation exists, uses other than Iow
density residential shall not be considered.
MD (Medium Density Residential): This designation is applied to land which is
developed, or is to be developed, at a density between five and twelve units per acre.
Such land is usually developed in planned communities or exists in older areas where
are duplexes and condominiums. Home ownership is characteristic of this designation.
Where this designation exists, uses other than those which are residential in character
shall not be considered.
CF (Community Facility Land Uses): This designation is applied to current and future
school sites; to current and future sites for public buildings; and to current and future
sites for public facilities, e.g. the wastewater treatment plant. It is also applied to single
function (purpose) buildings which have been constructed for community related
purposes (e.g. churches) and which are not commercial in nature. However, not all
community facilities are required to be shown under this designation. Small sites are not
shown nor are the locations of governmental services (e.g.H.R.S.) which lease common
office space, nor are churches that do not include substantial accessory uses such as
educational facilities.
GC (General Commercial): This designation is applied to land which is, or should
be, developed for general commercial purposes e.g. retail, office, services. Light
industrial type uses such as fabrication and assembly are permissible under this
designation when located in the special overlay district between Federal Highway and
Dixie Highway, north of N.E. 14th Street to the north City limit. Residential uses, unless
they are in conjunction with a commercial use, are not permissible on land shown as
General Commercial on the Future Land Use Map.
Redevelopment Area #2: Future Land Use Element Policy C-2.3 describes
Redevelopment Area #2 (Wallace Drive Industrial Area). This area shall be primarily
industrial (LI Zoning) with an emphasis on commerce uses. The City, through its water
and sewer capital improvement program, shall install water and sewer mains throughout
the area. Unimproved and underimproved rights-of-way shall be abandoned when it
facilitates the aggregation of parcels and larger scale development provided that the
Redevelopment Area #3 Plan
Page 58
right-of-way is not essential for traffic flow purposes. Support uses for the existing
automobile dealership uses are encouraged. All commercial uses shall be allowed with
the exception of "strip-type" development along Wallace Drive, which is not desired
because of traffic conflicts along this collector street.
TRN (Transitional): This designation is applied to land which is developed, or is to be
developed, for either residential or nonresidential uses. In some instances this
designation provides for a transition between less intensive residential use and
commercial uses. In other instances, this designation allows the establishment of uses
which are compatible with adjacent residential use. When Neighborhood Commercial
Zoning is placed within or adjacent to a residential area, such zoning shall be limited to
two acres, or less, which sufficient to accommodate the needs of an immediate
residential neighborhood. While in others, it provides for uses which are not as intensive
as general commercial in areas where residential use is not desirable and/or
appropriate.
Commerce: This designation is applied to property which is developed, or is to be
developed in such a manner as to accommodate a mix of industrial, service, and
commercial uses. This may be done either through development of existing parcels or
through a planned concept.
Industrial: This designation accommodates manufacturing, fabrication, assembly, and
warehousing. It is applied to property which currently has such uses and which is
located in an area which should continue to be used for industrial purposes. It is also
applied to those areas of the community which are best suited, because of their location,
to accommodate industrial uses. Residential and general commercial uses are not
appropriate on land designated as Industrial.
Redevelopment Area #3 Plan
Page 59
I
12-43-46-20-47-001-0000 (POD) 0.5 INR. C OFFICE BUILDING
12-43-46-20-01-008-0010 0.15 VACANT
12-43-46-20-01-008-0040 0.2 VACANT
12-43-46-20-01-008-0050 0.19 VACANT
12-43-46-20-01-008-0060 0.19 VACANT
12-43-46-20-01-008-0080 0.49 SINGLE FAMILY R.ESIDENCE
12-43-46-20-01-008-0090 0,9 VACANT
12-43-46-20-01-008-0110 0,4 VACANT
12-43-46-20-01-008-0120 0.75 VACANT
12-43-46-20-01-008-0140 0.42 VACANT
12-43-46-20-01-008-0150 0.54 VACANT
12-43-46-20-01-008-0160 0.19 VACANT
12-43-46-20-01-008-0170 0.32 VACANT
12-43-46-20-01-008-0180 2.97 VACANT
Redevelopment Area #3 Plan
Page 60
12-43-46-20-42-001-0000 2.82 ONE LINTON BLVD.
12-43-46-20-01-015-0010 4.59 TARMAC
12-43-46-20-01-015-0020 0.91 SUNBELT HYDRAULICS AND EQUIPMENT
12-43-46-20-01-015-0030 3 LINTON TRUSS CORPORATION
12-43-46-20-01-015-0040 1.66 COUNTY SANITATION
12-43-46-20-01-015-0050 2.78 COUNTY SANITATION
12-43-46-20-01-015-0060 3.06 GULF STREAM COMMERCIAL CENTRE
12-43-46-20-01-015-0070 1.39 COUNTY SANITATION
12-43-46-20-01-016-0100 1.93 COUNTY SANITATION
12-43-46-20-01-016-0020 3.14 SELF SECURITY STORAGE
12-43-46-20-01-016-0030 1.89 ADELPH IA CABLE
12-43-46-20-01-016-0050 1 SELF SECURITY STORAGE
12-43-46-20-01-016-0060 3.14 SELF SECURITY STORAGE
12-43-46-20-01-016-0070 1.13 COUNTY SANITATION
12-43-46-20-13-003-0010 0.55 PROFESSIONAL INSULATORS, INC.
ANYTHING IN FENCE/TWO R.T. PROPERTIES
12-43-46-20-13-003-0050 0.37 PROFESSIONAL INSULATORS, INC.
12-43-46-20-13-004-0010 (MIC) 0.63 TYLER FABRICATORS/EAGLE MARINE SVC.
12-43-46-20-13-004-0051 0.04 VACANT
12-43-46-20-13-004-0060 0.64 BUCHANAN SCREEN
Redevelopment Area #3 Plan
Page 61
12-43-46-20-13-005-0010 65' x 110' 7,150 0.16 SFR A 1981 2,496 98,799
12-43-46-20-13-005-0020 60' x 110' 6,600 0.15 SFR/R A 1982 2,431 89,599
12-43-46-20-13-005-0030 60'x 110' 6,600 0.15 SFR W 1983 1,556 70,748
12-43-46-20-13-005-0040 51'x 162' 8,262 0.19 SFR W 1930 1,109 44,655
12-43-46-20-13-005-0050 54'x 142' 7,668 0.18 V W
12-43-46-20-13-005-0060' 152' x 108' 16,416 0.38 V
12-43-46-20-13-005-0090' 250' x 100' 25,000 0.57 V
12-43-46-20-13-005-0140 50' x 100' 5,000 0.12 V A,W
12-43-46-20-13-005-0150 50' x 100' 5,000 0.12 V A,W
12-43-46-20-13-005-0160' 100'x 100' 10,000 0.23 V
12-43-46-20-13-005-0180' 150'x 100' 15 000 0.36 V
12-43-46-20-13-005-0210' 100' x 100' 10 000 0.23 V
12-43-46-20-13-007-0020' 115' x 137' 15 755 0.36 V
12-43-46-20-13-007~0040 41' x 173' 7 093 0.16 SFR A,W 1947 1,322 45,946
12-43-46-20-13-007-0050 119' x 88' 10 472 0.24 V D
12-43-46-20-13-007-0060' 150' x 110' 16 500 0.38 V
12-43-46-20-13-007-0090 50'x 110' 5 500 0.13 V A,W
12-43-46-20-13-007-0100' 50' x 220' 11 000 0.26 V W
12-43-46-20-13-007-0110 68' x 110' 7 480 0.17 SFR A 1990 2,342 102,468
12-43-46-20-13-007-0121 68' x 110' 7480 0.17 SFR A 1990 2,342 101,952
12-43-46-20-13-007-0130' 129'x 110' 14 190 0.33 MFR/R 1961 1,182 37,246
12-43-46-20-13-007-0160' 100' x 110' 11 000 0.25 V A,W
12-43-46-20-13-007-0180' 100' x 110' 11 000 0.25 SFR/R F 1950 800 42,736
12-43-46-20-13-007-0200 69' x 118' 8 142 0.19 SFR F 1950 720 34,521
12-43-46-20-13-010-0010' 109'x 110' 11990 0.28 V
12-43-46-20-13-010-0030' 100' x 110' 11,000 0.26 SFR 1930 1,263 58,666
12-43-46-20-13-010-0050 50' x 110' 5,500 0.13 SFR A,F,W 1950 996 37,846
12-43-46-20-13-010-0060 50' x 88' 4,400 0.1 SFR A,D,F,W 1947 808 34,658
12-43-46-20-13-010-0061 50'x 132' 6,600 0.15 SFR/R A,F,W 1955 400 17,938
12-43-46-20-13-010-0070 50'x 110' 5,500 0.13 SFR A,F,W 1939 708 32,923
12-43-46-20-13-010-0080' 100' x220' 22,000 0.51 V
12-43-46-20-13-010-0100' 150'x 110' 16,500 0.38 V
12-43-46-20-13-010-0130' 100' x 110' 11,000 0.26 SFR 1956 1,098 51,376
12-43-46-20-13-010-0150' 100' x 110' 11,000 0.26 SFR 1973 2,258 88,836
, RENTA~A:AR ,
Redevelopment Area #3 Plan
Page 62
ZONIN~.~R~i"A : ~ :~?, ,~ :~:..~'.. ~ ..
12~3~6-20-13-010-0170 50'x 110' 5,500 0.~3 V
12~3~6-20-13-010-0180' 75'x 1~0'
125'x 110' 22,000 0.51 V
~ 2~3~6-20-13-010-0210' 150' x 110' 16,500 0.37 V
12~3~6-20-13-010-0240' 100'x 110' 11,000 0.26 V
12~3~6-20-13-010-0280 50' x 110' 5,500 0.13 V A,W
12~3~6-20-13-010-0300' 100' x 110' 11,000 0.26 V
12~3~6-20-13-010-0320' 95'x 110' 10,450 0.24 SFR F 1950 918 42,~9
Redevelopment Area #3 Plan
Page 63
12-43-46-20-20-003-0010 56' x 135' 7,560 0.17 SFR F,W 1985 688 33,058
12-43-46-20-20-003-0020 50' x 135' 6,750 0.16 SFR A,F,W 1981 712 32,173
12-43-46-20-20-003-0030 50'x 135' 6,750 0.16 V A,W
12-43-46-20-20-003-0040 50' x 135' 6,750 0.16 V A,W
12-43-46-20-20-003-0050 50' x 135' 6,750 0.16 V A,W
12-43-46-20-20-003-0060 50' x 135' 6,750 0.16 SFR A,F,W 1981 712 35,129
12-43-46-20-20-003-0190 50'x 135' 6,750 0.16 SFR A,W 1928 1,311 35,093
12-43-46-20-20-003-0200 50' x 135' 6,750 0.16 SFR A,F,W 1928 577 20,613
12-43-46-20-20-003-0210' 100' x 135' 13,500 0.31 V
12-43-46-20-20-003-0230 56' x 135' 7,560 0.17 V W
12-43-46-20-20-003-0240 56' x 135' 7,560 0.17 SFR/R W 1982 1,176 45,252
12-43-46-20-20-004-0010 56' x 135' 7,560 0.17 SFR W 1950 1,048 37,948
12-43-46-20-20-004-0021 50' x 91' 4,550 0.11 SFR A,D,F,W 1950 697 25,038
12-43-46-20-20-004-0022 50' x 44' 2,200 0.05 V A,D,W
12-43-46-20~20-004-0032 35'x 135' 4,725 0.11 V A,W
12-43-46-20-20-004-0031 50' x 135' 6,750 0.16 SFR A,F,W 1940 851 30,2~'
12-43-46-20-20-004-0041 65' x 135' 8,775 0.2 SFR 1940 1,758 50,99/
12-43-46-20-20-004-0060 50' x 135' 6,750 0.16 V A,W
12-43-46-20-20-004-0190' 100' x 135' 13,500 0.31 SFR 1940 1,753 52,289
12-43-46-20-20-004-0210 50' x 135' 6,750 0.16 SFR A,F,W 1940 946 36,941
12-43-46-20-20-004-0220 50' x 135' 6,750 0.16 SFR A,F,W 1940 672 23,434
12-43-46-20-20-004-0230' 107'x 135' 14,445 0.33 V
Redevelopment Area #3 Plan
Page 64
Redevelopment Area #3 Plan
Page 65
12-43-46-20-20-001-0010 282' x613' 172,866 3.97 P
12-43-46-20-20-002-0010' 56'x 85' 4,760 0.11 V A,D,W
12-43-46-20-20-002~0030' 100' x 85' 8,500 0.2 SFR D 1930 1,257 40,740
i12-43-46-20-20-002-0070' 62.5' x 85' 5,313 0.12 SFR A,D,W 1928 1,076 38,777
12-43-46~20-20-002-0091 62.5'x85' 5,313 0.12 SFR A,D,W 1950 1,459 51,394
12-43-46-20-20-002-0120' 100' x 100' 10,000 0.23 V
12-43-46-20-20-003-0140' 100' x 100' 10,000 0.23 V
12-43-46-20-20-002-0160' 200'x 135' 27,000 0.62 V
12-43-46-20-20-002-0200' 100' x 135' 13,500 0.31 SFR 1985 2,209 77,872
12-43-46-20-20-002-0220 50' x 135' 6,750 0.16 SFR ^,W 1990 1,228 53,8('-'-
12-43-46-20-20-002-0230 50' x 135' 6,750 0.16 SFR/R A,W 1930 930 29,72~
12-43-46-20-20-002-0240' 100' x 100' 10,000 0.23 DX 1,953 1,236 56,246
12-43-46-20-20-002-0260' 100' x 100' 10,000 0.23 V
12-43-46-20-20-004-0280 50' x 135' 6,750 0.16 SFR A,W 1976 1,084 41,494
12-43-46-20-20-002-0290 50' x 135' 6,750 0.16 SFR A,F,W 1940 667 22,832
12-43-46-20-20-002-0300 50'x 135' 6,750 0.16 SFR A,W 1940 1,110 34,412
12-43-46-20-20-002-0310 50' x 135' 6,750 0.16 SFR A,W 1940 1,394 41,342
; AANDB
Redevelopment Area #3 Plan
Page 66
[!?¥ OELR . BER[H
CITY ATTOF~E¥'S OFFICE ~oo ~,w., ^~.~. ~.~.^~..^~., .~o.,~^ ~..
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
All.~¢a ¢i~/ IVIEMORANDUM
1993
TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorney~
SUBJECT: License agreement for portion of TennisCenter.
The attached license agreement between the City and Paige Thompson d/b/a
Enzymes Juice Bar would allow the Licensee to operate a mobile vending cart on the
second floor of the Tennis Center. The Licensee would offer juices and various other
concessions to patrons of the Tennis Center.
Please place this item on the consent agenda for the June 15, 1999 City
Commission meeting. Do not hesitate to contact me if you should have any questions.
Attachment
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Susan Ruby, City Attorney
Brahm Dubin
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("The Agreement") is made this day of
,199-- by and between the CITY OF DELRAY BEACH, a Florida Municipal
Corporation (the "City"), and PAIGE THOMPSON, an individual, d/b/a ENZYMES
JUICE BAR ("Licensee").
WITNESSETH:
WHEREAS, City owns and controls certain park land upon which is located the
Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and
WHEREAS, Licensee seeks to operate a mobile concession cart on the second floor of
the Tennis Center providing juice and other concessions; and
WHEREAS, the City has determined that such a use can be accommodated at the
Tennis Center without interference with current or prospective operations; and
WHEREAS, the City has determined that such a use furthers the public interest; and
WHEREAS, this Agreement shall constitute a license only and shall not be construed
as a property interest.
NOW THEREFORE, the mutual covenants and conditions contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and the recitals are hereby incorporated as if fully set
forth in this Agreement.
2. Term of Agreement. The term of this Agreement shall be for one year,
beginning upon July 1, 1999 and ending upon June 30, 2000, subject to the cancellation rights
set forth at paragraph 4 of this Agreement. Upon completion of the initial term, this
Agreement may be renewed for an additional two (2) year term if both parties consent in
writing.
3. License Fee. Licensee shall pay to the City $550 per month, exclusive of any
taxes owed or collected, during the term of this Agreement, payable on the 1st day of each
month. If this Agreement does not begin on the first day of a month, the license fee shall be
pro rated for that initial month. If the Agreement is terminated, the City shall pro rate the
license fee and shall reimburse Licensee for the balance of license fee paid for the month in
which the termination occurred. If Licensee does not remit the license fee within five (5) days
from the 1st day of the month, a late fee of ten dollars ($10) shall be applied for each day that
the license fee remains unpaid. The late fee shall be paid with the overdue month's license fee
or late fees will continue to accrue at ten dollars ($10) per day until all fees have been paid.
4. Cancellation of Agreement. Both parties reserve the right to revoke this
Agreement with thirty (30) days written notice without cause. Both parties reserve the right to
revoke this Agreement upon seven (7) days written notice for cause.
5. Licensee's use of Tennis Center. During the term of this Agreement, Licensee
shall be entitled to locate its mobile vending cart upon the second floor of the Tennis Center.
The general location of the cart, and the hours of operation, shall be mutually agreed upon by
the parties to this Agreement. The City reserves the right, with no less than 48 hours advance
notice to Licensee, to require relocation or removal of the entire mobile vending cart from
either the second floor or from the Tennis Center altogether, or to require a temporary
cessation of operations, for a period of time to be specified by the City in the advance notice.
If the relocation, removal, or temporary cessation of operation causes Licensee to be unable to
operate its mobile vending cart for more than 2 days, then the license fee for that month will ·
be pro rated to reflect the days in which the mobile vending cart was not in operation.
6. ln,~tallation of fixtures. Licensee shall install, at no cost to the City, a three (3)
compartment sink, one (1) freezer, two (2) refrigerators and one (1) icemaker in a location
specified by the City. Licensee shall be responsible for all aspects of installation, including but
not limited to, plumbing and electrical work. However, plans and specifications for the
fixtures and the actual installation of the fLxtures are subject to review and approval by the
City. At the termination of this Agreement, Licensee shall remove the three (3) compartment
sink, two (2) refrigerators and one (1) freezer from the premises. The one (1) icemaker
installed by Licensee shall become the property of the City. During the term of this
Agreement and any subsequent renewals or future agreements between the parties to this
Agreement, Licensee shall be at all time responsible for the maintenance, repair, and upkeep
of the fixtures contained in this paragraph. Licensee shall be responsible for any damage
caused to City property from the use, misuse, functions or malfunctions of the fixtures
mentioned in this paragraph. Licensee shall reimburse the City for any amounts spent by the
City to repair such property damage within thirty (30) days of a written request from the City.
7. Approval of Menu Items. The City, through the Tennis Center Management,
shall have the right to approve or disapprove of all items sold and pricing thereof. However,
such approval shall not be unreasonably withheld.
8. Health Requirements. Licensee shall comply with all federal, state, or local
health requirements imposed by statute, ordinance, regulation or rule.
9. Agreement does not Constitute Joint Venture. This Agreement is not
intended to constitute a joint venture between Licensee and the City. Licensee shall be
considered an entity wholly independent from the City for any purpose whatsoever and shall be
considered an independent contractor. No act undertaken or failure to act by Licensee shall be
imputed to the City for any reason.
10. Permits and Licenses. Licensee shall be responsible for obtaining all necessary
permits and licenses at Licensee's cost and shall maintain such permits and licenses at all times
during the term of this Agreement.
11. Taxes. Licensee shall be responsible for payment of all taxes imposed as a
result of Licensee's operation of a mobile vending cart.
12. Insurance. Licensee shall pay all premiums and shall maintain and provide
insurance for the entire term of this Agreement and renewals thereto, in such amounts and
under such terms as may be required by the City. The City shall review and modify the terms
and requirements of such insurance, if necessary. The minimum insurance amounts and terms
shall be pursuant to the following requirements:
A. Public and Product Liability Insurance: Licensee shall maintain public
and product liability insurance in coverage limits of no less than five hundred thousand
dollars ($500,000.00) combined single limit for bodily injury and property damage
liability.
B. Workers Compensation Insurance: Licensee shall maintain workers
compensation coverage, as required by law, in an amount equal to the statutory limits
of employer's liability.
C. Additional Insured: The City and Dubin & Associates shall be named as
an additional insured on the policy required in Paragraph A.
D. Insurance Certificates: Licensee shall submit insurance certificates
evidencing insurance of the type and the amounts above stated or otherwise agreed to
by the parties.
E. Written Notice of Cancellation: Licensee shall provide certificates of
insurance which shall give the City thirty (30) days written notice of cancellation.
13. Indemnification. Licensee shall indemnify, defend and hold the City and its
officers, agents and employees harmless against any and all claims, demands, suits or other
forms of liability for any actions that arise solely out of or by reason of the actions, omissions,
intentional acts, or negligent acts of Licensee, its officers, employees, agents, representatives
or any other person associated with Licensee, including but not limited to contractors or sub-
contractors procured by Licensee.
14. Compliance with Laws. Licensee shall comply at all times with applicable
federal, state, county and municipal laws, rules and ordinances.
15. Binding Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
16. Entire Agreement. This Agreement shall constitute the entire Agreement of
the parties with respect to the subject matter of it. All prior understandings and agreements
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
17. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
18. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor
shall any provision thereof give any third person any right of subrogation or action over or
against any party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreemem to be duly
executed on their behalf this ~ day of ., 199
THE CITY OF DELRAY BEACH,
ATTEST: a Florida Municipal Corporation
By:
City Clerk MAYOR, Jay Alperin
Approved as to form:
City Attorney
PAIGE THOMPSON d/b/a
ENZYMES JUICE BAR, a
sole proprietorship
By:
Name Printed:
Title:
STATE OF FLORIDA )
) SS:
COUNTY OR PALM BEACH )
The foregoing instrument was acknowledged before me this __ day of
1999 by Paige Thompson, d/b/a Enzymes Juice Bar. She is personally known to me or has
produced (type of identification) as identification and
did (did not) take an oath.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 15~ 1999
BID AWARD FOR JANITORIAL SERVICES
DATE: JUNE 11, 1999
This is before the Commission to consider approval of a bid award
in the amount of $81,510.00 to Golden Mark Maintenance for
janitorial services at various locations within the City.
Funding for the custodial maintenance services will be from the
various departmental operating budgets.
Eighteen bids were received for this contract, and were reviewed
by the Purchasing Supervisor, the Building Maintenance
Superintendent and the Deputy Director Public Works. Several iow
bidders were eliminated from the bid award based on poor
references and the fact that some of the vendors had no
experience with cleaning any large buildings such as City Hall
and the Police and Fire Departments. Based on this, it is
staff's recommendation that the bid be awarded to Golden Mark
Maintenance as the lowest responsive bidder.
Recommend approval of the bid award for janitorial services to
Golden Mark Maintenance at a total annual cost of $81,510.00.
Ref: Agmemo 14. Janitorial
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Superviso~~
THROUGH: Joseph~~'-ff~nce Director
DATE: June 09, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
JUNE 15, 1999 - BID AWARD -BID//99-12
CUSTODIAL MAINTENANCE SERVICES - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve award to low responsive bidder, Golden Mark
Maintenance, for cleaning of various buildings located within the City of Delray Beach at a total
annual cost of $81,510.00.
Background:
Bids were received on April 07, 1999, from eighteen (18) vendors all in accordance with City's
purchasing procedures. (Bid//99-12 on file in the Purchasing Office.) A tabulation of bids is
attached for your review.
The Building Maintenance Superintendent, and the Assistant City Manager have reviewed the
bids received and recommend award to low bidder, Golden Mark Maintenance. See attached
memo dated June 07, 1999.
Recommendation:
Purchasing staff recommends award to Golden Mark Maintenance at a total annual cost of
$81,510.00. Funding from the various department's (as listed on the tabulation of bids)
operating budget.
Attachments:
Tabulation of Bids
Memo Dated June 07, 1999
I £C£1 VED
JUIf § ? 1999
MEMORANDUM
CITy, ~,,A . AN-~
TO: Hoyt Owens, Deputy Director Public Works
FROM: Jackie Rooney, Purchasing Supervisor ~
Jim Schmitz, Maintenance Sup~'rintendent
THROUGH: Joseph-~~~ance Director
DATE: June 07, 1999
SUBJECT: Bid #99-12
Custodial Maintenance Services - Annual Contract
Bids were received on April 07, 1999, from eighteen (18) vendors for the above
referenced subject. See attached tabulation of bids.
On May 07, 1999, a meeting was held with you, Jim Schmitz, Building Maintenance
Superintendent, and myself to go over these bids received.
The following low bidders were eliminated from the bid award based on the attached
references received by Purchasing and as listed below:
Russell Highten Power Sweeping & Services - this company has not cleaned any large
buildings in comparison in size to our City Hall, Police and Fire Department.
Britton Cleaning Inc. - this company has not cleaned any large buildings in comparison
to our City Hall, Police and Fire Department.
Bright Maintenance Inc - The areas they clean at City of Riviera Beach are very small,
the second reference was "pretty good" and when I tried to call the third reference listed,
Mr. Michael E. Jackson, City of South Bay, could not make any connection with such
person.
Crystal Clear Maintenance - no references listed by this company. When called for a list
of references, the owner stated "new business, no references to call". They were therefore
eliminated as they have no experience.
The next Iow bidder is Golden Mark Maintenance. The references received for Golden
Mark Maintenance were very favorable. I called five (5) Cities that they are currently
cleaning.
A concern was brought up in this meeting in reference to the task manning plan submitted
by Golden Mark Maintenance. There was some unease in the area which listed the
amount of employees for two areas - Fire Department and Environmental Services. It
was decided that I would call the vendor to set up a meeting with Jim Schmitz, and
myself to go over these concerns.
On Tuesday, May 11, 1999, at 11:00 a.m., Mr. Cosby, Golden Mark Maintenance, met
with myself and Jim Schmitz to discuss these issues. Mr. Cosby introduced the
supervisor who would be in charge of this account, if they were awarded this bid. The
concerns were brought to Mr. Cosby's attention in reference to their task manning plan.
Mr. Cosby assured that they (Golden Mark) would supply the necessary manning to
perform the janitorial services according to the contract at no increase in prices. Mr.
Cosby stated that his supervisor would be the back-up if any additional help was needed
in any areas. Mr. Cosby also submitted additional references for the City to review
(copies attached).
Attached are two faxes received from Mr. Cosby dated June 02, and June 04, 1999,
stating the increased hours and manning for the Fire Department and Environmental
Services at no increase in their original bid price.
In conclusion, Jim Schmitz, Building Maintenance Superintendent and the Purchasing
Division recommend award of this bid to Golden Mark Maintenance for a total annual
amount of $81,510.00. This is a decrease of $12,714.00 from the current price the City
pays for this service
If you approve please sign below and return to Purchasing and I will prepare the
Commission Agenda package.
If you have any questions in regard to this matter, you may reach me at ext. 7163.
Hoyt Owens, Deputy Director Public Works Date
Attachments:
Tabulation of Bids Received
References received by Purchasing
Fax from Golden Mark Maintenance
cc: Robert Barcinski, Asst. City Manger
References received by Purchasing for Russell Heights Power Sweeping and Service
04/29/99
Randy D. Straghin, 272-8396
Straghin-Son Tri-City Funeral Home
"Mr. Russell use to work for us on "an as needed basis", cleaning approximately 10,000 sq. ft.,
this was not a daily job". Did a good job"
B. Shuler, 2650622
Shuler's Memorial Chapel Inc.
"Use to work for us - do not remember what year. Cleaned a small area - 3,000 sq. ft."
Mark Negl, 292-6786
Neal's Auto Service
"Just do our drive way and restrooms. Still have him, so no problems with him."
Billey Packer, 800-577-9530
Metal Supply and Machine
"He is an employee here. Does not do any janitorial services"
References for Crystal Building
Crystal Clear-
Ismay Swammy- Owner
"No references, we are a new business".
References received by Purchasing for Britton Cleaning Inc., 04/29/99
John L. Williams, (561) 845-4070
City of Riviera Beach
"Excellent, do good work. We have no problems with their employees. They clean our
Community Center Recreation Gym - 5,000 sq. ft."
Elizabeth Hemandez, (561) 996-0129
Palm Beach County Health Care District
"Yes we had them for a couple of years. Service pretty good. I had to be very specific each time
in telling them what to do. We had no problems with the employees".
Call the third reference listed as City of South Bay at number listed. The telephone was
answered as "Glades General Hospital". Requested to speak to Mr. Michael E. Jackson, who
was listed as the contact person for this reference. They transferred me to the Human Resources
Department and they stated they had no employee by the name of Michael Jackson working
there.
References received for Bright Maintenance, Inc. by Purchasing on 04/29/99.
Judy Carter, (561) 840-4524
Palm Beach County Health Department
"They clean five (5) areas for us. We are not real happy with two of the areas. The one area is
our clinic and it is not up to par. Other three areas are o.k."
Peter Newstadte, Purchasing Dept., (727) 847-8194
Pasco County
"Their Gone! Did not perform. Let them go in January of this year."
"Did not bring up the quality of their work when it was brought to their attention".
Frank Buckner, (305) 835-4005
Metro Dade Police Dept.
"Their good, have had them for 1 ½ years. They clean a three (3) story building and our
libraries. The two (2) ladies who work here are real good".
References received by Purchasing for Golden Mark Maintenance - 04/29/99
Peter Hegedus, Supervisor, (727) 562-4710 est. 3813
City of Clear Water
"Do a pretty good job. Management is responsive to our needs. No major problems. Do our
municipal building, garage, elevator landings, marina, and sailing center. Overall pretty good.
No employee problems at this time. Had problems at one time - but they straightened out right
away".
Jeff Harder, (954) 492-7807
City of Ft. Lauderdale
"Do a very good job in City Hall. We had problems with the outer buildings as they were doing
a poor job,, then their management did a change over in personnel and they improved
significantly. No employee problems as far as thef[ or telephone calls. Overall would give them
a very good rating".
Jose Vazquez, (954) 967-4224
City of Hollywood
"I am from Public Works, and they clean five (5) restrooms on our beach. We are very satisfied
with their services".
Tom Fannon- (954) 921-3290
Pruchasing - City of Hollywood
"They do beach restrooms and trailer's for Construction Division. Satisfied all around with their
service".
Bob Halfh/ll - (561) 642-2071
City of Greenacres
"Extremely please with them. Super people - good. Very pleased with them. They were are
second low bidder on our bid, and we awarded to them. They do our Public Safety, Public
Works, City Hall, Leisure Services, and Parks Restrooms. No employee problems. We went
through the normal learning phase, but they are doing a good job now. We keep logs in each of
our buildings, and they respond to our requests on the same day".
~323 so~ ~ A,e~. H~,,o~. ~lo~a~ 33O"0
954-925-3989 FAX 9~-~6 ~
MARK
M 4 I N T f N i N C I
June 2, 1999
To: Jacklyn Rooney
From: Dick Cosby
Subject: Manning Requirements
Jackie, per our telephone conversation today,: I wanted to the City of Delray that
Golden Mark will supply the necessary manning to the janitorial specifications
according to the contract. Specifically at the Fire and Environmental Services
Complex, Golden Mark will staff it to complete the assi tasks.
We ~-ealize we are on a ninety (90) day probationary basis not let your office
or the City of Dekay Beach's confidence in our firm down.
THE PROFESSIONAL MAINTENANCE ~i~ RVI~ E WITH HE PROFESSIONAL ATTITUDE
1323 Sot~ ~ Avenua, Hollywood. Florida 33020
g54-925-3989 FAX 954-825-4336
MJI#"FII6 JlIC!
June 4, 1999
To: Jaekie Rooney
From: Dick Cosby
Jackie, please find revised task manning plan. increased hours involve
Environmental Service and the Fire Department. There is increase in price.
Please keep in mind that you checked our references and applied the same production
rates at the City of Delray Beach's buildings as we used at other municipal buildings.
Regards!
THE PROFESSIONAL MAINTENANCE SERVI ~ E WITH HE PROFESSIONAL ATTITUDE
TASK MANNING PL~ ~
FACILITY # EMPLOYEES # HI~S NIGHT.~.Y # HRS WEEKLY
City Hall 3 10.0 50.0
city Atty. Office I 1.5 7.5
City Atty. Warehouse 1 .5 2.5
Environmental Service 1 3.5 17.5
Fire Department 2 4.0 8.0 - 2 X weekly
Water Plant 1 1.5 7.5
Police Department 3 10.0 50.0
Police Sub-Station 1 1.0 3.0 - 3 X weekly
14 S.W. 12th Avenue
Police Sub-Station 1 1.0 3.0 - 3 X weekly
2 South Ocean Blvd.
Police Sub-Station I 1.0 ' 3.0 - 3 X weekly
600 North Congress
Police Sub-Station 1 1.0 3.0 - 3 X weekly
1570 US #1
Beach Headquarters 1 1.0 5.0
A Supervisor would be assigned to the Delray account who wou!d also perform all of the V.T.
stripping and refinishing as required by the cleaning specification. He would have medical
benefits, a new company track and all of the equipment and supplies to perform his duties.
Mr. Riclurd Cosby March 17,1997
Golden ~ba,'k Maintenance
4805 N.W. 79 Avenue
Suite 13
Miami, FL ~166
De~ Dick:
Thank you for joining me at the i997 Building of the Year ~I'OB~ awards banquet.
It was an extreme honor for me and the Louis Dre)qus Property Group to receive The Building of
the Year award in the category of "Historic".
As you know, it takes a lot of hard, continuous work to have Douglas Entrance look the way it does
on a daily basis.
I would like to take this opportunity to thank you and Justo Santos for your hard work and effort in
preparing La Puerta del Sol for this award.
Sincerely,
Propem.' .~lana~er
cc: Robert Golden, President, Golden Mark
Justo Santos
Louis Dre.~xts Dreyfus Propert? Group Via Fax
Douglas EnWance
April 28, 1997 ':'
BOMA SOUTHEt~ REGION, TOBY AWARDS
We are pleased m inform you ~aat Douglaa En~-ance, La Puerta del Sol baa WON the Southern
Regional "Building Of The Year" award in the category, of Historical Buildings.
In addition,. ~v~ have proceeded to enter the International leveL, which will be judged in June of
1997. /
Kenn Powell
Property Manager
'r-ROM : GENE-RAL_S~UICES COMMUNITY SE-R PHONE NO. : Oct. 28 1998
CAI-Net M~i 1
TO: ~
cc: Yvonn~B
Re: Janitorial/Cleaning Service
F~om Yvollr~,B~ftlaudl (Yv~ ~ck - ~/~] S~t 08:32 27 ~ 98
~ ~i~ ~ ~ ~ I ~i~ ~ld ~ is a ~~ I'~ ~rk~
late a
~k ~loy~s in acrid. ~e office is ~i~ng to l~k g~...~t is
disa~ing ~d ~'~ ~st l~ki~ "~i~ter." I ~t~s$~ s~i~
~lly ~ing last ni~t...~e of ~ g~tl~ ~ ~ ~ his ~s in
~ lo~ ~a clewing
vinyl flor in ~t ~a w~ the cle~st I ~ve s~n it since sho~ly
aft~ it ~ i~tali~. ~e tile flor in ~ l~ies ~ ~ also
s~kli~. I ask~ for s~ ex~ att~ti~ to ~e ~t in ~. Johnson's
office ~re ~ ~or ~ ~d ~ ~ki~ ~d t~y ~t ~!y t~k ~re of
clewing all ~e ~is o~f ~e ~t ~t ~y cle~ t~ ~11 d~t
off ~e f~it~e, etc. ~ ~lo~e$ ~e ~ fri~dly, look cle~ and
~ofessi~l,
pl~se ~n you next talk to ~. YBB
~ ~D S~t 12:{7 27 ~t 98
I ~ld like to d~licate
'FROM : GENERALSERUICES COMMUNITY SE~R PHI)NE NO. : Nov. 03 1998 10:40AM Pi
CAI-Net W~i 1
To: Johr94c
cc:
Re: No complaint-a con, linnet
From Tressar4aftla%ldl (Tressa Perkins - FIN/CA) Sent 09:57 0~- Nov 98
I wa~% v. ou to know how (Treat the foyer floor looks. Whoever did the job
this'time ~ a [3Dofessional. I have had people ask me if we have a new
floor. T:te¥ even took the time to do the little marble st~pe into the
Keep these people.
~£~-,; Jobr94c $ent 10:08 02 Nov 98
We are pleased with the new jartttorial company and have received various
ccmiolimegits. I will pass this orl %o Goldezi Mark and it's always pleasing
to get ocm~l~ts and not cctl~laiztts. ~l~anks Tressa!
FROM : GEN~SERUICES COMMUNITY SER PHONE NO. : Nov. 1J 1998 05:45PM P1
CAI-Net ~ail
To: Warial~aft 1 audl
cc: JeffH GarvC ~4ar~%aP
Re:
From Marial~ftlaud~ (~arla Roc~-e - FBS/ENGI 5e~t 12:24 13 Nov 98
Jct~n.
Tni~ is .~st a li%%1e note %o let ~ know how pleased w~ are with the
yo%lnq lady w~o does the hou~ekeepin(~ on the fourth floor. The ap~-arance
in the ba~ on our floor bas improved crreatl¥. She is very thorouc~h
and it's clear ~he takes crre..at pride in her w~rk as the bathroom~ are
always clean and smell great.
Frc~ John~ Sezi% 12:50 13 Nov 98
Thanks ~ia, it's always great to he~ c~li~t~ ~ not ~t ~e
~ : C~AL_S~RUICSS COMMUNITY ~ PHON~ NO. : Nov. 13 1998
To: CarolI~Eaft 1 audi
cc: Jeff~ ~ Mmrsbae
l~e: Custodial ~ts
Frc~ CarolI~tlaucll (Carol Rar~- PBS~) Se~t 09:&3 13 Nov 98
I just ~n~d to cc~li~t you (and your staff) o~ th~ recent
iml~t in h0usekee~in~. The r~stzxx~ are brighter and
fresher than th~ have been in a long tim~. Our ~le ar~a is
looking, better these days.
Thanks aga. in, the good w~rk is really appreciated!
Frc~ Jchr94: S~nt ~3: iS 13 Nov 98
Th~ cc~plim~l%ts are very w~ll ap~eciated. I'll f~ a copy to Golden
M~rk. Thanks
FROM': GENERAL_SERVICES COMMUNITY SER PHONE NO. : Apr. 30 1999 07:09AM P4
John McDowell
From: Ja'el Hyman
Sent: Tuesday, April 27, 1999 11:36 AM
To: John McDowell
Subject: Janitorial Contractor
Dear Mr. McDowell,
I work in Construction Services, in the Building Department Annex. I spoke to you some months ago to comment on the
uncleanliness of the middle washroom in the annex.
You informed me that a new cleaning company was soon to be starting with us and you would ask them to do their best.
Please be ~lvised that they are doing a super job in cleaning this small middle washroom. It is much cleaner, including
the floors, toilet and sink, and smells much cleaner from the detergents being used, ie bleach, etc. Their cleaning lady
comas on a da~ basis and works hard, and is always smiling and friendly.
Thanks for staying on top of this matter and helping remedy this situation.
Sincerely,
Ja'el Hymen
Secretary to Building Official
~Original Messa[;c
From: John McDowell [mailto:JohnMc~ci.fllaud.fl.us]
Sent: Wednesday, April 21, 1999 4:48 PM
To: Ja'el Hyman
Subject: Janitorial Contractor
Thanks for the compliment and can you send me an email or something in
writing so I can fax it to them.
MEMORANDUM ~CEiI/.~,.o
JU v
TO: David T. Harden, City Manager ,m . w~/
FROM: Richard C. Hasko, P.E., Director of ESD
SUBJECT: ESD FIBER OPTIC CONNECTION
DATE: June 9, 1999
At our request, Management Information Systems has solicited the attached proposal
from Universal Cabling Systems, Inc., for the installation of conduit and fiber optic cable
between the Environmental Service complex and the Police Department building on
Atlantic Avenue. This is the nearest available connection point to the existing City Hall
fiber optic network. The proposal totals $40,300.00 with a scope of work consisting of
the installation of a 2" conduit and a 24 strand fiber optic cable connecting Environmental
Services, Public Works and Parks Maintenance to the City Hall network.
The current remote bridge connection device has become overtaxed as explained in the
attached memo from M.I.S. resulting in an increasingly unreliable level of performance.
For this reason, we are requesting approval of the stated expenditure to restore reliable
communications to our facility, and enhance system performance through technology
providing increased speed and reduced susceptibility to weather conditions.
An additional $6,000.00 to $8,000.00 will be needed for upgrading of communications
switching equipment at the ESD site, however, this equipment will be purchased
separately by the City and is not considered a part of this contract.
Universal Cabling Systems, Inc. installed the City's original fiber optic network and has
been maintaining it since installation. For this reason, we are requesting a Sole Source
Contract Award for this work.
Funding for this expenditure is from R&R account ~442-5178-536-61.76, Equipment
Replacement Program (budget transfer attached).
Please place this item on the June 15 agenda for Commission consideration.
RCH/rab
cc: Joe Safford, Finance Director
Richard Zuccaro, M.I.S. Manager
Dan Beatty, Deputy Director of Public Utilities
Memorandum
~3-3~-~'~ A'~.'?'Cz :
To: Richard Hasko, Dir. of Environmen.~ices
From: Richard Zuccaro, MIS Manage~
Date: March 29, 1999
Subject: Persofl Bridge (FM Antenna ) Communications
The Persoft Bridge (FM Antenna), which is used to allow the Public Works Complex network to communicate with
the City Hall Network including the AS/400, is becoming obsolete. The Persofl Bridge replaced the old dial-up
access which was very slow and problematic. The Persoft Bridge has served the City very well over the past 6 years
however, its age is beginning to show with increased down time and poor performance. The down time is due
primarily to the increased traffic, especially during the start of day when most users attempt to sign on to the network
and AS/400. As a result most mornings MIS arrives to find the bridge down and many calls from ESD for assistance.
The poor performance is largely due to the limited bandwidth of the bridge and the increased traffic, due to the
increased amount of users, and the latest hardware and software requiring broadened bandwidths.
Continuing a fiber optic line from City Hall to the Public Works Complex would incorporate the Public Works
Complex into the City's fiber backbone infrastructure. Users at the Public Works Complex would operate as if they
were locally attached and would experience the same performance and capabilities as a user in City Hall.
The increased performance of the Public Works Complex users and the reduced support of MIS technical staff to
maintain the operation of the FM bridge makes the continuation of fiber optics from City Hall to the Public Works
Complex a very cost effective solution to the current communications problem.
Additional communications equipment will be required (approximate cost $6,500) to complete this project, however
the time consuming installation of the fiber optic cabling could begin The review, specifications development and
acquisition of the communications equipment will be done in the interim.
cc: Joseph Safford, Finance Director
Randal Krejcarek, City Engineer
s s ms. ,.c.
.lammry 5. 1999
M,'. ( i;'cg Welch REVISI,~I)
'ily of i)clray
!(){} NWi~' Avcm~c
I)ch'ay Beach. Fl. 3~444
lhber Optic Cable and Conduit h~stallatim~, Tr~i~g and Boring from Cily ..
, ,, ,, :. .: :..: . -..L~.'Ei~ ', ,, ~.,-r_':~'~ fi:' .... ': "' ''"':
)car (ircg:
Jnivcr~al ('ahlin~ ~ystems. Inc. is plca~cd Io have Iht opporlunily Io qtmtc 1he fidlowing:
S~q~ply :met [n~:tallation of(l) 24 s~mnd fiber c. ablc 6~5 (loose lube) (12
12 single nmdc) Ii-om data processing in (~ily H~II lo Admini~lralim: buildin~
Supply and install~lion of(~4) ST libor optic multi-mod~ c~mncclor~ m:d (24J ~T
libor ::plie ~in~k~ modu canncctors.
~. Nupply mid i,~t~dhdi,:,l ,',f {~} i~ fiber ~hnO:ll kils. arm (1) flit linch ~lill
~'~e. Nupply ;md in~IMl:-ili~m ol'mix,-.,'llnnr, n~l~ m;lieri;d: ,:;d~lc: ~IlppOl'IS. tcxLinff with Powcr
Tol ;11 I~ I'ici' fllr J~JBcr { hlJJJc I iisi itllal Joll ........................
('omluil ln~tallalion - (II, lion ffl
0,,~ 2" {o~duiI m~tchinc trenched trod installed fi'mn cxi~:ltlqg pull box I~c:ttccl on the
t'ilsl sidc of thc ])clmy Police DtepilrllBCIll going soulh I~ iht administYation building
lt~calc'd al lhc I)ch'ay Public I Jlililics l)epilrlmcnl. Includes marking Iapc.
Pricc.ft~r Optio. ~ ! .................... ~ 22,268.31~
_(.!,,,,,h,,,! l,.-I.._l_l..!fi~,fs - {)lslhm I$2
'l'w,, 2" ~us,dults machine h'ct~chcd und i,mlnllod fr()m c>:igling pull ho~ localrtt m~
Iht cilhl sidc of~hc l lclray I'{dicc l)cpa~lmenl going south to thc administration
buildi~g h,c,dcd at thc Dch'ay Public 1 ]tilifies 1)epattmcnt.
l'ricc.fhr Optio. ~2 ..................... ~ ~, 163.26~
914 FFRN STFt[[~ - WEST PALM BI:ACH, FL 33401 · TEL: (561) 659-G274 - FAX: (561) 659-6308 MEMBER
LIST OF ASSUMPTIONS
I. Work hours - Mtmday-Friday, 7:0(.lam tt~ 3:30pm.
~. No c[cc. tronic~ included.
3, No electrical inc[udcd.
4. No cicclrical cquipmcnl included.
S All wink thm~; in m:o. ud~mt:c Io w~dk-throu~.h.
{~. All crt)ss com~ccl~ona, Dy Ol]leFS.
7, 'J'u'~ti~ mad documc~ltalion included.
fi Work ix t, mn'mum~d fhr ~mc (1) 3'~r ;~galn~t d~ti~c,t~ and w~'~rkn'mnship
9, 'l'csling rcsu]ls and documcntalion provided at ccm~plulion o[ project.
10. No patch ('ahlcs included.
I 1. Pcrmil l~'c ~Br cablc installations inclmicd.
17. I'm'chase ()rdcr is required before commencement of work,
! 3 ()unlalion good lbr lhirly (~0) days
14 No ,v~,rtim~ included
15. IF n]cclmnicnl c(m~pncli(m mul dcnmly lcsls nrc required by Ibc cily them will t~c an
udtlilitu]al t:oM tirol will bc upi.died fo Iht original bid.
16. All cxisling (h'ivcways and roadways shall be borcd under withoui cuts.
17. All cascmc]~l row IL'cs, n(~l included.
18. No inncrducl inclmled.
I1' y{m h;sw'. ;my qul:slilmx lu ~:onl:~:t'ns. ph:~ls(~ I:;fll
i{onald I'. I)ubcat~
Vicc Ih'csidcn!
i{ I )It' h
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #~/-/ - REGULAR MEETING OF JUNE 15~ 1999
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE
DATE: JUNE 9, 1999
The 73rd Annual Conference of the Florida League of Cities will be
held August 19-21, 1999, at Lake Buena Vista, Florida, at the
Wyndham Palace Hotel.
General policy development is one of the primary purposes of the
annual conference. It provides an opportunity to focus attention
on municipal home rule and prepare a positive program to
strengthen cities throughout Florida. This year's theme, 2000
and Beyond - The Future of Florida's Cities, will provide
valuable educational opportunities to help Florida's city
officials serve their citizenry more effectively.
The League encourages each member city to send as many delegates
as possible to the conference, and also requests that each city
designate one of its officials to cast votes at the annual
business session. League by-laws require that each city select
one person to serve as the city's voting delegate.
Last year the City Manager was selected as the voting delegate.
Either the Mayor, any one of the Commissioners, or the City
Manager may be designated to serve in this capacity.
Recoramend designation of a voting delegate to cast votes on
behalf of Delray Beach at the annual business session of the
Florida League of Cities.
Ref: Agmemo 14. FLC. VotingDelegate
RECEIVED
,, ,
JUN n 1 i999
CITY CLERK
~LORID ..... ~ ~NC. CITY MANAGER
Memorandum
FROM: Michael Sittig, Executive Director
DATE: Sune 1, 1999
SUBJECT: 73rd Almual Conference - 2000 and Beyond- The Future of Florida's Cities
VOTING DELEGATE AND R~SOLUTION INFORMATION
August 19-21, 1999 - Wyndham Palace Hotel
As you know, the Florida League of Cities' Annual Conference will be held at the Wyndham
Palace Hotel on August 19-21. This year's theme, 2000 andBeyond- The Future of Florida's
Cities, will provide valuable educational opportunities to help Florida's city officials serve
their citizenry more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each city will make decisions that determine the
direction of the League.
Registration materials have akeady been sent to each city. Call us if you need more. We
have attached the procedures your city should follow for presenting resolutions to the League
membership. Resolutions must be received by the League no later than July 19, 1999.
Should you have any questions or need additional information, please feel free to call Dee
Carper or Kelvin Robinson at Suncom 278-5331 or 1-800-342-8112.
MS:bcs
Attachments: Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
301 South Bronough Street , Post Office Box 1757 · Tallahassee, FL 32302-1757
Telephone (850) 222-9684 · Suncom 278-5331 · Fax (850) 222-3806 · Intern·t: http://fcn.state.fl.u&/flc/
Procedures for Submitting Resolutions
73rd Annual Conference
Florida League of Cities, Inc.
August 19-21, 1999
Lake Buena Vista, Florida
In order to fairly systematize the method for presenting resolutions to the League membership, the following
procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30
days prior to the first day of the annual conference.
(2) Proposed resolution will be rewritten for proper form, duplicated by the League office and distributed to
members of the Resolution Committee at least 15 days prior to the first day of the annual conference.
(Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential
subject matter in a single resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference;
however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the conference without prior
committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted
vote of a majority of members present will be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy
committee. Such proposals will not be considered by the Resolution Committee at the conference;
however, all state legislative issues will be by the standing policy committees and the Legislative
Committee prior to the membership at the annual Legislative Conference each fall. At that time, a state
Legislative Policy Statement will be adopted.
Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter
to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof
in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in
anticipation of receipt of the formal resolution.
IMPORTANT DATES
June 4 August 3
Notice to Local League Presidents and Municipal Resolutions Mailed to Resolutions Committee
Associations Requesting Nominees to the
Resolutions Committee
July 12 August 19
Appointment of Resolutions Committee Members League Standing Committee Meetings
Resolutions Committee Meeting
Voting Delegates Registration
July 19 August 21
Deadline for Submitting Resolutions to the Immediately Following Luncheon - Pick Up
League Office Voting Delegate Credentials Followed by
Annual Business Session
73rd Annual Conference
Florida League of Cities, Inc.
August 19-21, 1999
Lake Buena Vista, Florida
It is important that each member city sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By-Laws requires that each city select one person to serve as
the city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may
be properly identified.
Desienafion of Voting Delegate
Name of Voting Delegate:
Title:
City of:
AUTHORIZED BY:
Name
Title
Return this form to:
Gall Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Or Fax to Gall Dennard at (850) 222-3806
[IT¥ OF DELRI:I¥
CITY ATTORNEY'S OFFICE ~oo .~w ~, ^,,~. ~,_,~^~,,~^~,_,, ~,~o,~,~,^.~.
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELgAY BEACH
, ~ o , , 0 · Writer's DirectLine: 561/243-7091
Ali. America City
DATE: June 11, 1999
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Offer of Judgment - Tate Case
The above case is scheduled for a potential trial sometime in August, if it is reached on
the docket.
The attorney for the City, Bill Doney and our office recommend the filing of an Offer of
Judgement in conjunction with the Lake Worth Drainage District.
The amount to be recommended is being talked about with the attorneys, and hopefully
will be available by Tuesday's meeting.
By copy of this memorandum to David Harden, City Manager, our office requests that
this item be placed on the June 15, 1999 Commission agenda.
SAR:ci
cc: David Harden, City Manager
Alison Harty, City Clerk
Bill Doney, Esq.
[ITV DF DELRi:IV Ei:i[N
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Ali. America City MEMORANDUM
~¢ DATE: June 9, 1999
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Claim of Mamllo v. City of Delray Beach
Pursuant to City policy, our office is obligated to bring any claim exceeding $I0,000 to the
City Commission for consideration. The above claim is submitted to you pursuant to this
policy.
The claim is asserted by Mr. Mamllo, Driver Engineer, claiming he was sexually harassed
by another fire department employee and that the City is responsible.
Mr. Marullo has offered to settle the claim against the City for $30,000.00 to compensate
Mr. Marullo for treatment he claims he received and is receiving, and for attorney's fees
expended as a result of the claimed sexual harassment.
Our office, in conjunction with Labor Counsel realize that any litigation would exceed the
amount offered. However, our office and Labor Counsel believe that the City is not liable in
this case. Therefore, the recommendation is to deny the offer.
By copy of this memorandum to David Harden, our office requests that this offer be placed
on the June 15, 1999 agenda.
f you have any questions.
cc: David Harden, City Manager
Alison Harty, City Clerk
Chief Robert Rehr, Delray Beach Fire Department
Frank Babin, Risk Manager
Leonard Carson, Esq.
Erica Rotbart, Esq.
Steve Hanzman, Gallagher Bassett
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # C~_~_ REGULAR MEETING OF.IUNE 15~ 1999
APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT ALtI]AO~
DATE: JUNE 11, 1999
Frank Wheat's term on the Downtown Development Authority will expire on July 1,
1999. Mr. Wheat was appointed to his initial term on July 1, 1996. He is eligible and
would like to be considered for reappointment. Michael Listick's term will also expire
on July 1, 1999. Mr. Listick has served two (2) full consecutive terms and is not eligible
for reappointment. The term is for three years, ending July 1, 2002. Further, in
accordance with the amendments to the "Delray Beach Downtown Development
Authority Act", which were approved by Referendum on November 3, 1998, the DDA
area was expanded to include properties lying generally west of Swinton Avenue, east of
Interstate-95, south of Northwest 1 st Street, and north of Southwest 1 st Street. The
amendments provide for expanding the board to seven members with terms of the two
additional members commencing on July 1, 1999, and a requirement that four members
meet ownership and tax payment qualifications. Currently serving on the board and
meeting ownership and tax payment qualifications are Mr. Onnen, Mr. Wideman and
Mr. Wheat.
To qualify for appointment, a prospective member must reside in or have his or her
principal place of business in the City and shall not be serving as a City officer or
employee. The Commission needs to fill four vacancies on this board. At least one of
the appointees needs to meet the ownership and tax payment qualification.
The following have submitted applications and would like to be considered for
appointment:
Ron Brito (currently serving on the Board of Construction Appeals
term expires August 31, 1999 and he isn't eligible for
reappointment.
(meets tax qualification)
Louis J. Carbone (meets tax qualification)
Rita W. Ellis (meets tax qualification)
Michael Goldman (currently serving on Board of Adjustment-term expires
August 31, 2000)
Jay E. Hasner (currently serving on the Board of Construction Appeals -
term expires August 31, 2000)
Sydney Heard (meets tax qualification)
Kenneth McNall
Kevin P. Warner
Franklin D. Wheat (meets tax qualification) incumbent, attendance records
attached
Pursuant to Commission direction, a check for code violations and/or municipal liens
was conducted. None were found.
Based on the rotation system, the appointments will be made by Commissioner Schmidt
(Seat #1), Commissioner Archer (Seat #2), Commissioner Wright (Seat #3) and
Commissioner Randolph (Seat #4).
Recommend appointment of four (4) members to the Downtown Development Authority
for a three year term ending July 1, 2002.
S/cityclerk/board agenda memo dda
.-.~=, .' ,-,c ,'~ qqq F~c .... =, 5~1_ /,_, ~ J5.- ThB CHAH]3EP. COHHE~tCE PAGE
,.~, ~,'~u ~u~ 14:23 FAX ~81 243 3774 CITY CL~RK ~ ~002
~ CITY OF DEL~Y B~ ~CH
,,. BOARD MEMBER APPL {CAIION
2210 N. ~ederal Hwy. [Delray Beac,~' 3483
~' H°~ePho=C(561 )734-8828- ] _ ' )279-0311
~ , _ DDA, .~lanni~& Zon~n6, Board of Ad~men~
. · and_ o~he~s as negde,~
8. tion~ cmfio ~:
' I0, ~]ve )-oar pratt, ut m~ ~et ~ployer,' ~d ~siffon: - - "'
11. ~s~mri~ceS, Skills 0r ~owledge which qugi~ ~u~ a~-~ mh ~d: ~i~l ~ a b~f ~e)
see ~8ume
m~ta~ent of mater/a/~ contained In ghls eppli~Eon may ~use fo~iture upon my ~
~IONA~
I)E~ CHAM~EP- COMi',IEP. CE PA,SE F_'~?
CITY CLERK .__.~_0 u 3
RON BRITO
198 S.E. 27rH AVENUE
BOYNTON BEACH, FLA. 33435
PE!~ONA£ RESUME
WOP~ HISTOR Y:
1965-19~9
14 years as a framing and finisk carpenter i. Riverside, Son Bernardino,
and Log~a Beach, C~orn~ ~od~on ~omlng on several multi-
folly comp~es, hoeing ~ e~o~s~g slab i~o~. fra~ng,
jo~ting, ~sing, f~cia, M~ng, sen~g ~ors, ~do~s, c~hg rofle~ &
st~r$ ~. E~enlually st~ed h~h q~i~ c~Wm finish ~or~ 7 ye~s ~
carpent~, 2 yea~ ~ Lea~an, 5 yea~ ~ Foreman on ne~ r~~l
and co~r~ pr~ec~, as well ~ ~me renovation ~d re~iin~.
19~9-1983
Obt~ed Building Co~actor L~e~e /B-388997 CoI~ (c~rent~ ~-
~e stem) still valid thru 4-~0.00
S~nt 5 yea~ s~on~~ ~d r~g ~a~g, sMing, ~s~g, floor
)aisC, stair fabricat~n a~ t~tallation on multi-family compl~es from
la~e cont~ctors. D~ing th~ ~ I con~ted n~ single family homes,
add~o~, re~ling,, co~erctM roo~, and co~rcial tenant
i~rove~n~.
1983 - 1985
~ob s~tendent on c~m homi~ ~ the N~hville, Tennessee area
for 1 ~ear. S~o~~ng fr~ng, ~slng, siding jobs for the n~ ~o
years.
1986 - 1989
Ob~ined General CoCa,tar L~e~e / CGC~7369 / FLORA (Active)
World ~ "The Tow~hlp' ~ punch o~ foreman for 1 year. Worked for
D~ Jo~ Co~s~ ~ Gle~ag!es, Polo CI~ ~ Le~ Car~nt~r.
Fore~n for I year on 32 elght-pl~ wood frame multbf~y d~s.
ConsW~ cmtom bom~ ~om Mon~n to ~ A~ews,
R~ Receiv~ GenerM Candler's ~ce~ in Fe~ 1989.
['~%'" 2E,/'1 q'qq Ill_--',: 2'5 5E,]. _ ~ c, tz 5_ _, ]],B ,3H'~MBEP. COMMER'CE F'~,,~E F_18
.... ,.,,o:, m,-,~ li:~4 FAX $~1 243 3??4 CiTY CLERK
1989-1991
LICENSED G~ERAL CONTP~ACTOR / U.S. EL 2-01392-91
Went to SL Cro~ U.S. EZ ~er Hurricane H~o for S ~ys to bring
su~ and h~ r~re ~r a~ w~er to uni~ of condos for a
Agreed to co~ bac~ ~ rg~re ~ houses, dcqMred General Con~o~
L~e~ ~ ~t U.~EI, ~ F~~ 19~0. ~tored 14 res~nces, 2
come,iai bu~din~ and 6 rentM uni~. Also compl~ renov~ons In
Returned to Florida July 2, 1991 and began new additions and remodeling
projects., After Hurricane Andrew, ol~ned a field office in Miami for
r~storation work. My Miami office completed 16 residential restorations
and oI;out 44 roofing projects.
1992 - 1993
Was asked to take over operations of Falkav Construction and to qualify
the company. Although thorough research into Falkav prevented me from
qualifying the company, I did bring the Delray Tennis. C~enter to
substantial completion in time for the Virginia Slims Tournamen~ Falkav
Constrt~on was at that time under contract with the Clty of Delray
Beach for the Tennis Center (2.5 million.dollar contract) and was also
engaged In 6 schoot projects for school districts from Palm Beach County
to Dade County. Falkav Construction went Into bankruptcy and was
dissolve&
Currently,. my compan, v, Enterprise Contractors Inc. is located at 2210 N.
Federal Hwy. Delray Beach. I do Custom Hom~s, Historical Renovations,
and Commercial Projects. 1 do my own estimntlng, contract negotiations,
and om computer literate and familiar with several different estimating
and accounting programs. I also run most of my own projects. · am a 30-
year carpenter, experienced in matertM take-offs for jobs, flow chart and
$ckedul. lng for jobs wtth deadlines and fast track completion. Familiar
with AIA contracts & draw requests. I am used to hard work and long
hours. ! remain teachable with an open minv~ · believe that a good leader
hos to fwst be a good folZower.
PERSONAL HISTORY
I am 52 yeats old,. marrir~ with fottr cldldren. I'm a high ~chool
gr~ with 2 years junior college ~ business m~nagemena I have 30
135/"-.:'~,,'199'3 ~_~L--',: 25 5E, i'27L--IC~555 ]E,B C:HAI',I]~:ER COf',lh'IEF~'CE PAGE 09
.... ,-',' ,,,', mu~ ii:eh l"Al 561 ~i~ 3774 (;ITl' CI.~RK
- -' ~ ~. ~ I~
years of cortstructlon e~c~oerienc~ · &oM t&r~e ~ ~ ,
~p~ing for a S~e of Tennt '-~ ~ ....... ~ I am c~re~v
teacher for
Cra~c~nn~ PI..z ~
~ ..... 7'~~ ~.~-
appe~ /or the Ci~ of ~.t.--, ~___. ~' ~"".~ ~ar~ of
-~ ~ ~-.. ~ o~-n. ~ wo yea~ on ~ren~oo~ Hills;
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Plea.se type or print the followins information:
1. Last Name: Name [ Middle Initial
Carbone Louis [ J ·
2. Home Address: City State Zip Code
1708 $. Ocean Blvd. Delray Bch. FL. 133483
3. Legal Residence City State I Zip Code
1708 S. Ocean Blvd. D'elray Bch. FL. ]35483
4. Principal Business Address: City State Zip Cod~ '
701 S.~-. 6th Ave. Ste. 201Delray Bch. FL. 3~483
5. Home Phone: (561) 276-51 05 Bushless Phone: (561) 272-0282
6. What Board(s) are you interested in serving?
Downtown Development Authority and other Boards.
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
Planning and Zoning Boards
Educationalqualifications:
Law Degree
Listanyrelatedpro~ssionalcenificationsandlicenseswhichyouhold:
Law Deqreet Real Estate Br0ker.t Mortgage Broker
10. Giveyourpresent, ormostrecentemployer, andposition:
Louis J. Carbone, P.A.
ll.D~_~fi~ex~fien~scskil~orkn_owle~ewhichq~li~youmserveon~is ~ard:(Pieaseattachabfiefresume)
Planning ano ~onxng Board (2 Terms;
hereby certify that all the above statements are true, and I agree and understand that any
t.s contained in this application may cause forfeiture upon my part of
/ o /a le ' D^
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~ITYCLERK~OARZT~d' PL ICATION
85/26/1999 8S:25 56i2788555 DB CHAMBER COHHERCE PAGE D4
CITY OF DEL~Y BEACH
BOARD MEMBER APPLICATION
PI ..¢~e ~yp~ or p..~f.~_¢ following inform:.,dan:
Pnn~p~ B~ Ad~: --"--'-- ..........
ci~ - " sm~-' zipco~* -
_ ~19~ ~B .AV~E ' DELSEY BBA~=
. ~1 .. ~78z~ .... a~ ess r~onc: (561)
2- ~A~D ~RER ~R PLAID& SERVIC~ WAR~N~Y
J ~i~tarement of mater/o/~S co~te~ ~ ~~tion m~y ~use ~ltum upon my pe~ of J
I ~oln~cnr Z ~ ~;vw. J
(lf -
(~- MAY 2 6 1999
JUN.-03' 99(THUI 08:22 SHAKMAN CONSTRUCTION TEL:561 750 8511 P. 002
0e/oi/s0 Tt~ ~6:zo FaX Sel Z43 a??4 CITY C~ ~~*~
BOARD MEMBER APPLICATION
1993
~. ~m On:(ff¢{) ~C .... ~o53 ~ B~in~h°~c:(ffbl)
3. L~ ali Ci~ Ro~ oh which yo~ ~ ,~tly s~g ~ hav~ p~ously s~m~: ~I~, ~clude da~)
9, Lira ~y rel~d professional ~a~om ~d li~ns~ ~hich you hold:
10. Oivc yo~ p~n~ m most roost =mployer, ~d ~sltia[: ' ' '
i 1. ~be ~~e~ Skills 9r ~owle~c ~ich qu~ you m s~, on ~ii b~; ~lo~e ~ch a brief rosin,)
I
I he'by ce~/~ ~hat all ~he above ~etemen~ e~e t~e, and I agree and unde~and that
ml~tement of material ~ con,load l~.~ls~~on may ~use forfeiture upon my pa~
of an~~ey re,lye. RECEIVE D
ClTY'C[EhN, -
~ote: ~s ~U~fion ~'~ oa ~c ~e-Ciw ~c~'s Offi~ ~ ap~od of 2 y~ ~m ~e ~ze h was
£1T¥ OF DELRIq¥ BEfl£H
CiTY ATTORFIEY'S OFFICE
TELEPHONE 561'243-7090. FACSIMILE 561'278-4755
Writer's Direct Line: (561) 243-7091
DELRAY BEACH
Ali.America City MEMORANDUM
DATE: June 9, 1999
1
9~3
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment No. 7 to the Solid Waste and Recycling Collection Franchise
Agreement
Amendment No. 7 to the Agreement between BFI and the City modifies Section 17.1 of
the contract to provide that all sums paid to BFI shall be in accordance with the rates
listed in Section 51.70 of the Code of Ordinances of the City of Delray Beach. This will
avoid the necessity of amending the Franchise Agreement each time there is a CPI rate
increase or any other time there is a rate change, such as in this case.
By copy of this memorandum to David Harden, City Manager, our office requests that
this amendment to the Solid Waste and Recycling Collection Franchise Agreement be
placed on the June 15, 1999 City Commission agenda.' Please call if you have any
questions.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Safford, Finance Director
AMENDMENT NO. 7 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED AUGUST 8~ 1996
THIS AMENDMENT NO. 7 to the Solid Waste and Recycling Collection Franchise
Agreement dated August 8, 1996 is made this ~ day of , 199_ by and
between the CITY OF DELRAY BEACH (the "City") and BFI WASTE SYSTEMS OF
NORTH AMERICA, INC. CBFI").
WITNESSETH:
WHEREAS, the parties entered into a Franchise Agreement ("Agreement") dated August
8, 1996, to provide for the collection of solid waste and recycling materials within the City; and,
WHEREAS, Section 17.1 of the Agreement provides that BFI shall be compensated in
accordance with the sums as set forth in Exhibits I, II and III to the Franchise Agreement; and,
WHEREAS, the parties desire to amend Section 17.1 of the Agreement to provide that
BFI shall be compensated in accordance with the rates listed in Section 51.70 of the Code of
Ordinances of the City of Delray Beach.
NOW, THEREFORE, the parties agree as tbllows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated August 8, 1996, is hereby amended, by amending Section
17.1, to provide that BFI shall be compensated in accordance with the rates listed in Section
51.70 of the Code of Ordinances of the City of Delray Beach.
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
4. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid
Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to legal form
and sufficiency:
~ ~City Attorney
WITNESSES: BFI WASTE SYSTEMS OF NORTH
~- BY: Ran~d~ B~ges}~on,~ice.~r;sident
{.Name printed or fyped)
/~ (Corporate Seal)
(Name printed or typed)
blicon7.amd
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~(
SUBJECT: AGENDA ITEM #/0~- REGULAR MEETING OF JUNE 15r 1999
ORDINANCE NO. 19-99 (CITY-INITIATED REZONINGS ASSOCIATED
WITH THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN)
DATE: JUNE 11, 1999
This is second reading and a quasi-judicial public hearing for
Ordinance No. 19-99 which rezones nine {9) parcels of land from RM
(Multiple Family Medium Density/6-12 Dwelling Units/Acre) to RL
(Multiple Family Residential Low Density/6 Dwelling Units/Acre).
The subject properties are generally located south of Lake Avenue
South between U.S. Highway No. 1 and N.E. 8th Avenue, and contain
approximately 2.49 acres.
Seven of the parcels contain single family homes, one parcel
contains a triplex, and one parcel is vacant although an application
is currently being processed for subdivision and development as a
single family home and two townhomes.
On March 16, 1999, the City Commission adopted the North Federal
Highway Redevelopment Plan which recommends that the subject
properties be rezoned as proposed. The Planning and Zoning Board
considered this City-initiated rezoning at a public hearing on May
17, 1999. Two members from the public spoke in favor of the
rezoning. After review and discussion, the Board voted unanimously
to recommend approval, based upon positive findings with respect to
Chapter 3 {Performance Standards) and Section 2.4.5(D) (5) of the
Land Development Regulations, and policies of the Comprehensive
Plan. At first reading on June 1, 1999, the City Commission passed
the ordinance by unanimous vote.
Recommend approval of Ordinance No. 19-99 on second and final
reading, based upon the findings and recommendation of the Planning
and Zoning Board.
Re f: Agmemo 15. Re zoning. 9Parcel s
ORDINANCE NO. 19-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING NINE (9) PARCELS OF LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY MEDIUM DENSITY/6-12
DWELLING UNITS/ACRE) TO RL (MULTIPLE FAMILY RESIDENTIAL LOW
DENSITY/6 DWELLING UNITS/ACRE); SAID LAND BEING GENERALLY
LOCATED SOUTH OF LAKE AVENUE SOUTH BETWEEN U.S. HIGHWAY NO. 1
AND N.Eo 8TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; ALL
AS REQUIRED TO IMPLEMENT PROVISIONS OF THE NORTH FEDERAL
HIGHWAY REDEVELOPMENT PLAN AS PREVIOUSLY ADOPTED BY THE DELRAY
BEACH CITY COMMISSION; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on March 16, 1999, the Delray Beach City Commission
adopted the North Federal Highway Redevelopment Plan;
WHEREAS, in accordance with the adopted North Federal Highway
Redevelopment Plan, certain parcels of land were to be rezoned from RM
(Multiple Family Residential - Medium Density) were to be rezoned to RL
(Multiple Family Residential - Low Density) to conform with the
provisions of the adopted plan; and
WHEREAS, at its meeting of May 17, 1999, the Planning and
Zoning Board, as Local Planning Agency, considered this item at a public
hearing and voted unanimously to recommend approval of the rezoning,
based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D) (5) of the Land Development Regulations,
and policies of the Comprehensive Plan; and
WHEKEAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated April, 1994, be amended to reflect
the revised zoning classification for the referenced parcels of land.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, be, and the same is hereby amended to
reflect a zoning classification of RL (Multiple Family Resident'iai - Low
Density) District for the following described property:
Lots 10, 11 and 12, inclusive, Block One, Plat of Kenmont, as
recorded in Plat Book 20, Page 65 of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH:
Lots 8, 9, 10, 11, 12 and 13, Block Two, Plat of Kenmont, as
recorded in Plat Book 20, Page 65, of the Public Records of
Palm Beach County, Florida;
TOGETHER WITH:
The southerly 170.26 feet of the easterly 150 feet of the
westerly 392.27 feet (measured along the south lot line), an
the southerly 100 feet of the easterly 42.27 feet of the
westerly 242.27 feet (measured along the south lot line) of
the portion of Lot 5 lying east of U.S. Highway No. 1, of the
Plat of Harry Seemilter Subdivision, as recorded in Plat Book
9, Page 72, of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH:
The North 70 feet of the East 150 feet of the West 339.5
(measured along the north lot line) of the portion of Lot 5
lying east of U.S. Highway No. 1, of the Plat of Harry
Seemiller Subdivision, as recorded in Plat Book 9, Page 72, of
the Public Records of Palm Beach County, Florida.
The subject properties are located south of Lake Avenue South
between U.S. Highway No. 1 and N.E. 8th Avenue; containing 2.49
acres, more or less.
$¢~ion 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, amend the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
$¢¢don3. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section4. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by
a court of competent jurisdiction to be invalid, such decision shall not
2
O~.No. 19-99
affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Sect{ohS. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
Ord. No. 19-99
PALM BLVD. M
M.$.A. TRACT
N.E. 16TH ST.
(/) LAKE AV'ENUE N. RL
14TH
LAKE AVENUE S.
N.E. 13TH ST.
N.E. 12TH ST.
BOND WAY
N.E. 11TH ST.
10TH
9TH O RM
BUSH
ST. VlNC£NT'S
CHURCH
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~ - REZONING -
aw o~ 0£L.^~' SE^CH. ~L FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
~'~.^NN~NG a ZO.~N¢ o£~^.~£.~r TO: RL (MULTIPLE FAMILY RESIDENTIAL-LOW DENSITY)
PLANNING AND ZONING BOARD
"'{TY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: May 17, 1999
AGENDA ITEM: VI.B.
ITEM: City Initiated Rezoning From RM (Multiple Family Residential-Medium Density) to
RL (Multiple Family Residential-Low Density) For Nine Parcels Located South of
Lake Avenue South, Between U.S. Highway No. 1 and N.E. 8th Avenue Associated
With the Adopted North Federal Highway Redevelopment Plan.
- ~ iiiiiiiii1~111111[.-,,
GENERAL DATA:
Owner ................................................ Various
Applicant/Agent .................................. City of Delray Beach, Florida
David T. Harden, City Manager LA~ *,~,,~ s
~ -,cation .............................................. South of Lake Avenue South,
Between U.S. Highway No. 1 and
N.E. 8th Avenue.
Property Size ...................................... 2.49 Acres
Future Land Use Map ......................... Medium Density Residential
Current Zoning ................................... RM (Multiple Family Residential-
Medium Density)
Proposed Zoning ................................ RL (Multiple Family Residential-
Low Density)
Adjacent Zoning ........................ North: RL & GC (General Commercial)
East: RL
South: RM
West: GC
Existing Land Use ............................... Vacant Lot, one (1) triplex, and
seven (7) single family
residences.
Proposed Land Use ............................ Rezoning of the parcels
according to the adopted North
Federal Highway Redevelopment
Plan.
Water Service .................................... N/A.
Sewer Service .................................... N/A.
The action before the Board is making a recommendation to the City Commission on a
City Initiated rezoning from RM (Multiple Family Residential- Medium Density) to RL
(Multiple Family Residential - Low Density) for 9 lots located along the west side of NE
8t~ Avenue, approximately 950' north of George Bush Boulevard.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a
recommendation to the City Commission with respect to rezoning of any property within
the City.
· ~: C~KG ROU N D/PROJ ECTDESCR.IP:,TIO :'il
On December 13, 1988, the subject properties were annexed into the City as part of
Enclave Act 24 and given an initial zoning of R-1-A. Enclave 24 contained
approximately 60 acres and was one of the most complex annexations due to the mix of
uses in the area (single family, duplex, multifamily, commercial and industrial). During
consideration of the annexation of Enclave 24, the Planning and Zoning Board
requested that staff examine alternative zonings which would provide a buffer between
the existing commercial developments (along North Federal Highway) and single family
areas to the east.
Subsequent to the initial annexation, and pursuant to the Planning and Zoning Board's
direction, the City approved a change in zoning for the subject properties from R-1-A to
RM-6 (Multiple Family Residential 6 du/ac). VVith the Citywide Rezoning associated
with the approval of the Land Development Regulations in 1990, the RM-6 zoning
designation was changed to RM (Multiple Family Residential Medium Density 6-12
du/ac).
The subject properties involve 9 parcels containing approximately 2.49 acres. Seven
(7) of the parcels contain single family homes, one parcel contains a triplex, and one
parcel is vacant for which an application is currently being processed for subdivision
and development as a single family home and two townhomes. On March 16, 1999, the
City Commission adopted the North Federal Highway Redevelopment Plan, which
recommended that the subject properties be rezoned from RM to RL (Multiple Family
Residential- Low Density) which is the action now before the Board.
:: :::~' ONING NAL¥SIS.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 2
the application, the staff report, or minutes. Findings shall be made by the
body which has the authority to approve or deny the development
application. These findings relate to the following four areas.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation,
The current Future Land Use designation for the subject properties is MD
(Medium Density Residential) and the current zoning is RM (Multiple Family
Residential- Medium Density). The requested zoning change is from RM to RL
(Multiple Family Residential- Low Density). The proposed zoning designation of
RL is consistent with the MD Future Land Use Map designation. Based upon the
above, positive findings can be made with respect to consistency with the Future
Land Use Map.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Water and Sewer is provided to the parcels via 8" mains located within NE 8th Avenue.
The rezoning from RM to RL will have a potential to decrease water and sewer
demands based on the potential decrease in allowable densities (29 units under the
existing RM zoning and 14 units under RL zoning) if the properties were to be
redeveloped in the future. Therefore, a positive finding with this level of service can be
made.
Drainage:
As most of the parcels are developed with single family homes, drainage is
accommodated via sheet flow into sodded swale areas. Paving and drainage plans will
be required with a site-specific plan when development or redevelopment occurs in the
area.
Streets and Traffic:
Under the current RM zoning designation the maximum units allowed would be 29.
Traffic generation rates for a multiple family dwelling is 7 Average Daily Trips (ADT) or a
potential of 203 ADT. The change in zoning to RL would allow a maximum of 14
multiple family units generating 98 ADT. Based on the above, a positive finding with
respect to Traffic Concurrency can be made.
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 3
Parks and Open Space:
The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that
the City meets the adopted level of service for parks and recreation facilities for the
ultimate build-out population of the City.
Solid Waste:
Pursuant to the Solid Waste Authority figures, 0.8 tons of solid waste per unit per year is
generated. Under the RM zoning, 29 units would generate 32.2 tons of solid waste per
year. Under the RL zoning, 14 units would generate 11 tons of solid waste per year.
Therefore, a decrease in demand with respect to this level of service will be realized
with the change in zoning.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following was found:
Policy C-1.4 of the Future Land Use Element:
This policy calls for the preparation of a redevelopment plan for the North Federal
Highway Corridor. On March 16, 1999, the City Commission approved the
redevelopment plan for North Federal Highway Corridor which recommended that the
subject properties be rezoned from RM to RL based on the RL zoning being more
consistent with the existing densities in the area, and with the uses on the properties.
Section 3.3.2 (Standards for Rezoning Actions): The applicable performance
standards of Section 3.3.2 and other policies that apply are as follows:
(A) The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to those
areas identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization Map. Requests for rezonings to a different zoning designation,
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties are identified on the Residential Neighborhood Categorization
Map as "Stabilization" in the Housing Element of the City's Comprehensive Plan. RL
zoning exists to the north and east of the subject properties that contain the same
development pattern (i.e. mix of single family and multiple family structures). Higher
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 4
density development exists to the south and the Federal Highway commercial corridor is
to the east. R-1-A zoning could be applied to the subject properties as 7 of the nine lots
contain single family homes. However, the resulting zoning pattern would be a sliver of
single family zoning between commercial zoning and higher density multiple family
zoning. A strictly single family zone is not characteristic of this area. Given the proximity
to the commercial uses, the surrounding zoning designations and development
patterns, and the character of existing and proposed uses, the RL zone is the most
restrictive applicable zoning district. Based on the above, it appears that the most
appropriate zoning designation is RL.
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The subject property is bordered by the following zoning designations: to the south RM
zoning; to the north and east RL zoning; and to the west, GC (General Commercial)
zoning. The surrounding land uses are: to the north and east by predominantly single
family homes; to the south, multiple family structures; and to the west by general
commercial uses.
The proposed change in zoning from RM to RL will result in a reduced density that is
more compatible with the adjacent and nearby properties. All of the lots except one are
developed. Compatibility will further be addressed with a site-specific plan for the
vacant parcel or redevelopment of the area.
Section 2.4.$(D){5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the
current zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The most appropriate reason for the change in zoning is based on item "c". The
adoption of the redevelopment plan for the North Federal Highway Corridor
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 5
recommended that subject properties be rezoned based on the existing land uses and
that the resulting density on the vacant parcel would be more consistent with the
existing land use patterns in the area. Further, the property was zoned RM-6 until it
was changed to RM with the Citywide rezonings in 1990 as all the density suffixes were
removed from the zoning map. The RL zoning allows up to 6 units per acre, which is
more appropriate now that the suffixes have been removed from the zoning map.
i, : R:E V1 E W; B Y :O T H E; RS, ~ ' =;,, ~: : IIi
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), Community Redevelopment Agency (CRA), or DDA (Downtown
Development Authority).
Courtesy Notices:
Courtesy Notices have been provided to the following homeowner's and civic
associations:
· Kokomo Key Homeowner's Association
· La Hacienda Homeowner's Association
· North Palm Trail Homeowner's Association
· Seacrest Homeowner's Association
· Town of Gulfstream
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of objection and support, if any, will be presented at the
Planning and Zoning Board meeting.
The rezoning from RM to RL is associated with the adoption of the No~h Federal
Highway Redevelopment Plan. The mzoning is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also,
positive findings can be made with respect to Section 2.4.5(D)(5) "Rezoning Findings",
that the RL zoning is mom appropriate for the prope~ based upon circumstances
pafficular to the pmpe~ies and the neighborhood.
E. T V'E C · S
A. Continue with direction.
P & Z Board Staff Report
North Federal Highway Redevelopment Plan Rezoning from RM to RL
Page 6
B. Recommend rezoning of 9 parcels containing approximately 2.49 acres located in
the North Federal Highway Corridor from RM to RL, based on positive findings with
respect to Section 2.4.5(D)(1) "Rezoning Findings", Section 3.1.1, and the
performance standards of Section 3.3.2.
C. Recommend denial of a rezoning, based on a failure to make positive findings.
II S'TAFF RECOMMENDAT =
I'
Recommend approval of the rezoning of 9 parcels containing approximately 2.49 acres
that are located in the North Federal Highway Corridor from RM to RL, based upon
positive findings with respect to Section 3.1.1 "Required Findings", Section 3.3.2
"Standards for Rezoning Actions", and Section 2.4.5(D)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Attachments:
,, Location/Zoning Map
walkways which shall be generally perpendicular to the property line. [173.474(E)] [Amd.
Ord. 72-95 1215195]
Section 4.4.10 Automotive Commercial (AC) District:
(F) Development Standards:
(3) North Federal Highway Area: The following development standard shall
apply to parcels which have frontage on North Federal Highway or the North Federal
Highway one-way pairs (NE 5TM
Avenue and NE 6Ih Avenue) between N.E. 4,n Street and the
north City Limits.
(a) Parcels shall have a minimum front building setback of five feet (5')
measured from the ultimate right-of-way line. The maximum setback
shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan
Review and Appearance Board that it is not feasible to comply with this
standard.
Section 4.3.4(K) Development Standards Matrix
The Development Standards matrix is amended to add the following note to the front
setback in the GC and AC zoning district:
(5) = Refer to individual district regulations "Development Standards" section for special
setbacks in the North Federal and/or West Atlantic Avenue Corridors.
TO: Dt I.D T..M DEN,. CITY MANAGER
FROM: ~~J~.'~'~O, J~ ,R~SENIOR PLANN ER
SUBJECT: CITY COMMISSION MEETING OF JUNE 1, 1999
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs)
DEALING WITH SPECIAL LANDSCAPE SETBACKS AND BUILDING
SETBACKS IN THE FEDE~L HIGHWAY CORRIDOR.
The City's Comprehensive Plan and the CRA's Community Redevelopment Plan both
identify the North Federal Highway Corridor as blighted and call for the preparation of a
program to hasten the revitalization of the area. The "North Federal Highway
Redevelopment Plan" which was adopted by the City Commission on March 16, 1999 called
for the placement of buildings closer to the street. The LDR Amendments are required to
make this possible.
AMENDMENT 1:
Section 4.3.4 Base District Development Standards:
(H) Setbacks:
(6) Special Setbacks: Three types of special setbacks are established in order
to provide for preservation of area for expansion of roadways and/or streetscape
beautification. These are: special building setbacks, special landscape setbacks, and a
combination thereof.
(b) Special Landscape Setbacks: Within the following special landscape
setbacks, no structures shall be altered, erected, or reconstructed; nor
shall any paving be allowed except for driveways and sidewalks which
lead to structures on, or provide access to, the site and then only when
generally perpendicular to the frontage. However, waivers may be
granted to these restrictions at the time of site plan review in order to
accommodate landscape features, decorative walls, meandering
sidewalks, and other decorative pedestrian ways.
City Commission Documentation
Meeting of June 1, 1999 - Federal Highway Setbacks
Page 2
(1) Along Federal Highway (U.S. Highway 1), including the one-way pairs
(5th and 6th Avenues), extending from the south City limits to S.E. 10'n
Street, special landscape areas shall be provided as shown below on
both sides of the ultimate right-of-way:
LOT SINGLE DOUBLE *
DEPTH ~ FRONTAGE FRONTAGE,,
Up to 200' 10' 10'
201 to 250' 15' 10'
251 to 300' 20' 15'
Over 300' 25' 20'
· Includes frontage on both Federal Highwa) and Dixie Highway
(2) Along Federal Highway (U.S. Highway 1), including the one-way pairs
(5th and 6th Avenues), extending from S.E. 10TM Street to the north
City limits, but excluding the blocks between S.E. 1s' Street and N.E.
1st Street, a 10 foot (10') special landscape area shall be provided on
both sides of the ultimate right-of-way.
The special landscape area shall not be required between the front
building edge and the ultimate right-of-way where storefronts face the
roadway and no parking or vehicular circulation areas are provided
between the building and the right-of-way. However, the body acting
upon the development application may require that foundation
plantings, street trees or other landscape features be installed in front
of the building to add interest and provide relief from the building
mass.
*(3) Along West Atlantic Avenue, From 1-95 to the Western City Limits,
a special landscape area shall be provided on both sides of the
ultimate right-of-way.
This landscape area shall be the smaller distance of either thirty feet
(30') or 10% of the average depth of the property; however, in no case
shall the landscape area be less than ten feet (10').
*(4) Along Linton Boulevard, from A-1-A to the western City limits, a
special landscape area shall be provided. This landscape area shall
be the smaller distance of either 30' or 10% of the average depth of
the property; however, in no case shall the landscape area be less
than ten feet
*(5) Along Congress Avenue, from the L-38 Canal northward to the L-30
Canal, a special landscape area shall be provided. This landscape
area shall be the smaller distance of either 30' or 10% of the average
depth of the property; however, in no case shall the landscape area be
less than ten feet (10').
*(6) Along Military Trail, from the L-38 Canal northward to the L-30 Canal,
a special landscape area shall be provided. This landscape area shall
City Commission Documentation
Meeting of June 1, 1999 - Federal Highway Setbacks
Page 3
be the smaller distance of either 30' or 10% of the average depth of
the property; however, in no case shall the landscape area be less
than ten feet (10').
Analysis: The typical strip center development scenario with parking up front and buildings
set toward the back of the lot is designed for the automobile. This arrangement is
destination-oriented and does not promote pedestrian movement between businesses
along the corridor. Future development of this type is discouraged in the North Federal
Highway area. Instead a neo-traditional approach consisting of buildings located closer to
the roadway's edge with wide, shade-covered sidewalks, and pedestrian scaled lighting and
other street furniture is recommended. A/though on-street parking will be located in the
front of businesses for convenience, the bulk of the required parking will be located in the
rear. This arrangement will promote rather than inhibit pedestrian flow between adjacent
businesses.
The current regulations require that a special landscape setback be provided along the
entire Federal Highway frontage. This requirement makes it impossible to move storefronts
closer to the roadway's edge. In order to implement the Redevelopment Plan, this setback
must be eliminated except where off-street parking directly abuts the roadway.
In preparing this amendment, the special landscape setback provisions for Federal Highway
outside the North Federal Highway Area were also reviewed for appropriateness. It was
determined that the requirements were excessive in the area between S.E. 1~h Street and
N.E. 4th Street where the corridor is more urbanized and the development pattern becomes
more intensive. The proposed amendment sets the special setback at 10' regardless of
depth. Because property depths are generally less that 200' in this area, this change will
not affect the setback for existing properties--it will remain 10'. However, under the existing
code, redevelopment projects located between the one-way pairs would have to provide 15'
landscape setbacks on both 5th and 6~h Avenues if they vacated the alleyway and combined
properties. Under the proposed amendment, the landscape setback will remain 10'. This is
more appropriate in the area. It is also more appropriate to allow building storefronts to be
placed up to the right-of-way with no special landscape setbacks. As on North Federal
Highway, the proposed amendment eliminates the special landscape setback between the
building storefront and the right-of-way in this area as well. The approving body retains the
ability to require trees and landscaping in front of the buildings as it deems appropriate.
AMENDMENT 2:
Section 4.4.9 General Commercial (GC) District:
(F) Development Standards: In addition to the development standards set forth in
Section 4.3.4, the following development standards shall apply in the GC District:
(3) North Federal Highway Area: The following development standard shall
apply to parcels which have frontage on North Federal Highway or the North Federal
Highway one-way pairs (NE 5'n Avenue and NE 6In Avenue) between N.E. 4TM Street and the
north City Limits.
(a) Parcels shall have a minimum front building setback of five feet (5')
measured from the ultimate right-of-way line. The maximum setback
shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan
City Commission Documentation
Meeting of June 1, 1999 - Federal Highway Setbacks
Page 4
Review and Appearance Board that it is not feasible to comply with this
standard.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to a right-of-way
shall be a landscaped area, except within the West Atlantic Avenue Overlay District as
defined in Section 4.5.6(B) and within the North Federal Highway Area as defined in
4.4.9(F)(3), which is subject to the special landscape setbacks of Section 4.3.4(Hl(b). Within
the required front landscape area, no paving shall be allowed except for driveways and
walkways which shall be generally perpendicular to the property line. [173.474(E)] [Amd.
Ord. 72-95 1215/95]
Analysis: As with the elimination of the required special landscape setback in front of
storefronts, these changes deal with the issue of locating buildings closer to the roadway.
The amendment reduces the front building setback from 10' to 5'. Although the consultant
recommended a O' front setback, staff recommends a 5' setback be maintained. This will
provide a minimum 10' sidewalk with the existing roadway section and a 17' sidewalk if N.
Federal Highway is reconstructed in the future pursuant to the proposed roadway section. It
is also recommended that a maximum setback of 15' be adopted so that new projects are
required to conform to the recommended development pattern. Without this provision, it is
likely that new development would continue to follow the existing development pattern
within the corridor. Waiver provisions are included to allow SPRAB some flexibility based
on project design.
AMENDMENT 3:
Section 4.4.10 Automotive Commercial (AC) District:
(F) Development Standards:
(3) North Federal Highway Area: The following development standard shall
apply to parcels which have frontage on North Federal Highway or the North Federal
Highway one-way pairs (NE 5'" Avenue and NE 6TM
Avenue) between N.E. 4'" Street and the
north City Limits.
(a) Parcels shall have a minimum front building setback of five feet (5')
measured from the ultimate right-of-way line. The maximum setback
shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan
Review and Appearance Board that it is not feasible to comply with this
standard.
Analysis: The analysis for this amendment is the same as for the General Commercial
District above, except the front setback has been reduced from 15' to 5'.
AMENDMENT 4:
Section 4.3.4(K) Development Standards Matrix
The Development Standards matrix is amended to add the following note to the front
setback in the GC and AC zoning district:
City Commission Documentation
Meeting of June 1, 1999 - Federal Highway Setbacks
Page 5
(5) = Refer to individual district regulations "Development Standards" section for special
setbacks in the North Federal and/or West Atlantic Avenue Corridors.
Ana. l. ysis: This amendment is necessary to call attention to the fact that the front setback
within the GC and AC zoning district has been reduced to 5'in these two areas.
Planning & Zoning Board
The Planning and Zoning Board held a public hearing on the proposed amendments at its
meeting of May 17, 1999. There were no public comments on the proposal. The Board
discussed a request by the City Horticulturist that language be added to the ordinance to
increase the special landscape setback to 15' when there are conflicts with overhead utility
lines. The Board did not feel that the change was necessary since the additional 5' would
not have any impact on the type of trees that could be placed next to the utility lines. The
Board recommended that the special landscape setback in front of storefronts in the area
between SE 10th Street and SE 3rd Street be eliminated as proposed for the area north of
SE 3rd Street.
The Board recommended adoption of the proposed amendments by a vote of 7 to 0 with the
following change:
· That the provisions for elimination of the special landscape setback between the front
building edge and the right-of-way be extended to include the area between SE 10zh
Street and SE 3~d Street.
The recommended change has been incorporated into the proposed ordinance.
Community Redevelopment Agency
The Board recommended approval of the amendment. They felt that them should be
provisions to ensure that landscaping be installed in front of buildings, and to allow buildings
to be set back further than the proposed 15' maximum where appropriate. Provisions to this
affect are included in the ordinance.
Adopt the amendments to Section 4.3.4(H)(6)(b) Special Landscape Setbacks, Section
4.3.4(K) Development Standards Matrix, Section 4.4.9 General Commercial (GC) District
and Section 4.4.10 Automotive Commercial (AC) District as attached, based on findings and
conditions as recommended by the Planning and Zoning Board.
Attachment:
· Proposed Ordinance
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF JUNE 15~ 1999
ORDINANCE NO. 18-99 (RATE REDUCTION FOR COMMERCIAL ROLLOUT
CART SERVICE)
DATE: JUNE 10, 1999
This is second reading and a public hearing for Ordinance No. 18-99
which reduces the rates for garbage and trash collection services
for customers using commercial carts. Specifically, it amends
Chapter 51, "Garbage and Trash", of the City Code by amending
Section 51.70, ~Regular Charges Levied", to provide for a rate
change for all of those customers receiving commercial cart service.
Pursuant to the attached memorandum from the Finance Director, it
came to the City's attention that commercial rollout cart customers
were being charged a much greater amount than their residential
counterparts. This was brought to BFI's attention and BFI has
offered to lower the commercial rollout cart rates from $29.58 per
month to $24.95 per month. BFI has also agreed to reduce the cost
for additional pickups from $25.48 per month to $19.50 per month.
This change in rates requires a change to the code as proposed via
Ordinance No. 18-99. As an ancillary item, an amendment to the
contract with BFI has also been prepared and is presented for
consideration in conjunction with second reading of the ordinance.
At first reading on June 1, 1999, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 18-99 on second and final
reading, as well as Amendment No. 7 to the Solid Waste and Recycling
Collection Franchise Agreement with BFI.
Ref: Agmemo 15. BFI. Rat eReduction
MEMORANDUM
To: David T. Harden, City Manager
Susan R. Ruby, City Attorney
Lula Butle~y Improvement Director
From: Joseph M. Saff~ce Director
Date: May 14, 1999
Subject: Reduction in BFI Rates for Commercial Cart Service
We are requesting that Ordinance No. 33-98 be amended to reduce the rates for garbage and trash
collection services for customers using commercial carts. The original ordinance with a revised
rate sheet is attached for your review.
On February 9, 1999 we received a call from a citizen regarding the rates for commercial carts.
This citizen had been recently converted from a residential customer to a commercial customer.
As a residential customer his monthly rate was $7.74 per month for two times per week garbage,
trash, and recycling service. If you add disposal charges, that are charged by the Solid Waste
Authority and paid for on a residential tax bill, the total residential cost would be $16.91. As a
commercial customer, his rate became $29.58 per month for one time per week services.
On March 11, 1999 we sent correspondence to BFI and asked them to review this rate structure
and consider reducing the commercial cart service fees.
On April 5, 1999 BFI provided correspondence recommending that the commercial cart service
be reduced from $29.58 per month to $24.95 per month. In addition, they recommended that the
customer rate be increased $19.50 for each additional weekly pickup requirement instead of
$25.48 minimum increase. This overall reduction means that a one time per week service would
have rates reduced approximately 15% and a minimum of 20% for additional pickups.
By copy of this memorandum, we are asking the City Clerk to provide the appropriate ordinance
advertising and present this item to the City Commission for first reading once this requirement is
met.
Encl: Ordinance No. 33-98 with amended rate table
Cc: City Clerk
ORDINANCE NO. 18-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH', FLORIDA, AMENDING CHAPTER 51, "GARBAGE
AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR
CHARGES LEVIED", TO PROVIDE FOR A RATE CHANGE FOR ALL OF
THOSE CUSTOMERS RECEIVING COMMERCIAL CART SERVICE;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, a residential rollout cart customer is charged $7.74 per month for bi-weekly collection
plus disposal charges that results in a total cost of $16.91; and,
WHEREAS, a commercial rollout cart customer is charged $29.58 per month for a one time a week
collection; and,
WHEREAS, the City Commission of the City of Delray Beach, Florida, in order to provide a more
reasonable rate to the commercial cart customers has decided to change the rates as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, ~'Garbage and Trash", Section 51.70,
"Regular Charges Levied", Section C(4), Subheading, '95-Gallon Cart Service, of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
95-Gallon Cart Service
Pickups Per Week Monthly Charge* Franchise Fee Total Monthly Fee
1 $ a6,80 22.68 $ a,6O 2.27 $ ~ 24.95
2 $ ,5,2,,$.2 40.41 $ 5.?. 4.04 $ 57.~! 44.45
3 $ ~ 58.14 $ 7..,-94 5.81 $ 87.,,2g 63.95
4 $!05:_r-a3 75.86 $ !_n.5~ 7.59 $!1n_.!5 83.45
5 $1~!.E2 93.59 $ 13.!E 9.36 $?.5._n9 102.95
6 ~ 111.32 $ !5.7~ 11.13 $!73.05 122.45
*These rates include collection and container maintenance fees.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of
1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading.
2 ORD. NO. 18-99
i:iT¥ OF DELRfl¥ BEfl£R
CiTY ATTORNEY'S OFFICE
TELEPHONE 561'243-7090, FACSIMILE 561'278-4755
W~r's Dkect L~e: (561) 243-7~1
BETRAY BEACH
lll,lmdca C~y ~mo~~
~ ~a~ TO: CJt~ Co~JssJon
~OM: Brian Shutt, Assistant Ci~ Attorney
SUBJECT: ~endment No. 7 to ~e Solid Waste and Recycling Collection Franchise
Agreement
~endment No. 7 to ~e Agreement between BFI and the Ci~ modifies Section 17.1 of
the contract to provide ~at all sums paid to BFI shall be in accordance wi~ ~e rates
lismd ~ Section 51.70 of the Code of Ordnances of ~e Ci~ of Delray Beach. T~s will
avoid the necessi~ of amending ~e Franc~se Agreemem each t~e ~ere is a CPI rate
increase or any o~er t~e ~ere is a rate change, such as ~ ~s case.
By copy of ~is memorandum to David Harden, Ci~ Manager, our office requests ~at
· is amendment to the Solid Waste and Recycling Collection Franchise Agreement be
placed on ~e June 15, 1999 Ci~ Co~ission agenda.' Please call if you have any
questions.
cc: David T. Harden, Ci~ Mamger
Alison MacGregor Ha~, Ci~ Clerk
Joe Safford, F~ance Director
AMENDMENT NO. 7 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED AUGUST 8~ 1996
THIS AMENDMENT NO. 7 to the Solid Waste and Recycling Collection Franchise
Agreement dated August 8, 1996 is made this. day of ., 199_ by and
between the CITY OF DELRAY BEACH (the "City") and BFI WASTE SYSTEMS OF
NORTH AMERICA, INC. CBFI").
WITNESSETH:
WHEREAS, the parties entered into a Franchise Agreement ("Agreement") dated August
8, 1996, to provide for the collection of solid waste and recycling materials within the City; and,
WHEREAS, Section 17.1 of the Agreement provides that BFI shall be compensated in
accordance with the sums as set forth in Exhibits I, Il and III to the Franchise Agreement; and,
WHEREAS, the parties desire to amend Section 17.1 of the Agreement to provide that
BFI shall be compensated in accordance with the rates listed in Section 51.70 of the Code of
Ordinances of the City of Delray Beach.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated August 8, 1996, is hereby amended, by amending Section
17.1, to provide that BFI shall be compensated in accordance with the rates listed in Section
51.70 of the Code of Ordinances of the City of Delray Beach.
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
4. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid
Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jay Alperin, Mayor
Approved as to legal form
and sufficiency:
~t~City Attorney
WITNESSES: BFI WASTE SYSTEMS OF NORTH
Randy B~efgeson, Vice-President
(Name printed or/yped)
(Corporate Seal)
/
(Name printed or typed)
blicon7.amd
FROM : ~OB~E IRELAtID POTTER PHONE NO. : 561 2?6 :Z~-~9 Ma~r ~ 199~ ll:~4AM P~
ClW OF DEL~Y B~CH
B~~ MIMBBR ~PLI~A?iON
NO CITY BOARDS P~ESIDENT O~ HOMEOWNERS' ASSOCIATION (WINDY C~EEK)
i95. IN MORTUARY _.SCIEN~I~ AND FUNI~RAL DIRECTZN(~: CQ. NTINUING .S_TUD'f'Es
MA~.i,G~NT~ADMIN I STRA'Z'I'ON. .......
I. IC~/Sgl) FUf4~RAL DIRECTORTEMBALMER; LEADERSIIIP DEI. RAY; LION' $ EYE BANI( .VOLU~rTEE]I
MAY 2 6 1999
CITY .CLERK.
561'2_780555. DB CHAMBER COMMERCE
ELE~T TRUNk: 4~ 274 6~2
~ITY OF DELSY BEACH
BOARD MEMEER APPLICATION
CITY CLERK
JAY HASNER
7284 Via Palomar
Boca Raton, Florida 33433
CASTLE FLORIDA BUILDING CORP. . Member, Palm Beach County Cable
EXECUTIVE VICE PRESIDENT / SEC / TREAS Television Task Force
Responsible for: INDUSTRY INVOLVEMENT
- Residential/Commercial Division GOLD COAST BUILDERS ASSOCIATION
· Project Coordination - President-1985
· Management responsibility for · Palm Beacll County Builder of the
overall operations Year-1986
· Chairman, Governmental Affairs Committee
PROFESSIONAL QUALIFICATIONS
- Actively involved in building, development FLORIDA HOME BUILDERS ASSOCIATION
and real estate for 28 years · Life Director
· Engaged in production of single-family · Chairman, Local Presidents Council
homes, multi-family, office building. · Member, Legal Del·rise Fund
shopping centers, land development and · Area Vice President-1987
general real estate · Chairman, Membership Committee-1986
· Florida Certified Residential Contractor · Board of Directors-SEBC-1982-Present
· Florida Licensed Real Estate Broker · Chairman, Warranty Advisory Committee
· Graduate Realtors Institute · President, Florida Home Builders Warranty
· Member. Institute of Residential Marketing · Executive Committee-1983-1987
· Trustee, Chairman-1986-1987
CIVIC I COMMUNITY INVOLVEMENT · Commercial Self-Insurance Fund
· PB Land Development Regulation Committee a Director Builders & Employees Mutual
· Member, City of Delray Beach Board of Insurance Company
Construction Appeals
· Meml:)er. Citizen Task Force NATIONAL ASSOCIATION OF HOME BUILDERS
Palm Beach County · Board of Directors-1981-1995
· Member, Palm Beach County Impact Fee Review
Board. Palm Beach County RECEIVER
· Member, Oelray Beach Chamber of · Court appointed for 45th St. Shopping
Commerce Center, West Palm Beach
· Past Member, Palm Beach Gardens
Comprehensive Land Use Plan Committee EDUCATION
· Past Member Palm Beach County · Bachelor of Arts, Brooklyn College
Land Use Advisory Board Brooklyn, New York
· Past Member Palm Beach County · Graduate Study, Richmond College
Consumer Affairs BOard Staten Island. New York
05/26/z_q_q9 £~8:25 5BZ2780555 DB CHArqB[~
Cl~ OF DEL~Y BEACH
BOARD MEMBER APPLICATION
Please ty'ps or prLrtt the following i~rmation:
Basher _ Ja~ ] E
150 N
3. ~g~ ~i~ C~ s~t~ Zt~ Code
s.~_~, as Above
74. Pn~p~
11 SE 6th Ay,. ~lr~Y Beac~ F1 3~483
~. B~n~:~61 ) 3~i~0935 B~es~Phone: ~6~ ) 272_1207
Do~n%own ~e~elopment Autn~rity Board
DeZraZ Beach Board,of Construction hp, pe,~,1~... 8-31-98-Present
8. [d~ti~ q~lifl~tio~'~: ..........
See R~aehed Resume
ConSrac%or - Ese Attached Resume
Castle Florida Buildi~ CoFp,- Vice President .
See Attached Resume
See Attached Resume
............. ~ D' ,
~ h.mDF
misfit of m~terlzt ~ conmtn~ in ~ls ap~lt~on may ~u~e ~/~ u~o~ ~F ~a~ of
~~. It ~ll ~ ~e ~pli~t's ~ibt~ 1o ~e ~ a ~t applicon is ~ ~c.
RECEIVED
HAY 2 6 1999
CITY CLERK
JUN.-O3'991THUI 0~:22 SHAKMAN CONSTRU¢:TION TEL:561 750 8511
SHAKMAN
· construction
.co P^n
MICHAEL GOLDMAN
Experiences
i have been in the constructJorddeveloping iindustry for approximately seventeen years.
In this time, I have had the opportunity to h~ve "hands on" experience in the field and
development experience with a local developer.
- can be
Having had this experience, I believe I objective in my decisions pertaining to
issues being faced by the Downtown Development Authority.
Presently, ! am the President of Shakman Construction Company located in Boca Raton.
The majodty of my duties are administrativ~ tn nature while having a hand in the day to
I
day construction projects. I
I
Additionally, I represented the Sandoway Nature Center as a project manager
throughout the design and construction pro':ess.
141 N.W. 2OTH STREET · SUITE BS · BOCA RaTO~I FLORIDA 33431 · (561) 750-8288 · FAX (561) 750-8511
£1T¥ OF DELRrI¥ BE CH
CITY ATTORNEY'S OFFICE ~oo ~w ~ ^~ ~ ~..~.~^~ ~_o~^ ..~
TELEPHONE 561,'243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
Ali.America City
DATE: June 11, 1999
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance 20-99 and 21-99 Applying A Retirement Benefit Enhancement
for Retirees of the Police and fire Pension Plan and General Employees
Pension Plan
Ordinance 20-99, provides for a 5% increase (not to exceed over $100.00 per month,
effective August 1, 1999 for general employees who retired prior to September 30, 1993.
The minimum normal retirement pension has been increased from $400 to $500 per
month.
Ordinance 21-99 provides a 5% increase (not to exceed $100 per month) effective august
1, 1999 for police and fire pension plan members who retired prior to September 30,
1993. Only participants with ten or more years of credited service shall receive a
minimum normal retirement benefit of at least $500 per month. Please call if you have
any questions.
By copy to David Harden, City Manager, our office requests these ordinances be placed
in the June 15, 1999 agenda.
Attachment
cc: David Harden, City Manager
Alison Harty, City Clerk
ORDINANCE NO. 20-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 35.098,
"SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS", TO PROVIDE CERTAIN ELIGIBLE MEMBERS AND
THEIR BENEFICIARIES WHO RETIRED UNDER THE GENERAL
EMPLOYEES PENSION PLAN WITH ENHANCED BENEFITS,
INCLUDING AN INCREASED MINIMUM BENEFIT FOR
PARTICIPANTS WITH TEN OR MORE YEARS OF CREDITED
SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain
retirement benefits for certain retirees covered under the General Employee's Pension Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
35.098, "Supplemental Retirement Income and Minimum Benefits", to read as follows:
Section 35.098. SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS
Effective as of January 1, 1993, all participants or beneficiaries of participants who
were receiving benefits under the plan prior to January 1, 1991, shall have the monthly amount of
retirement income increased by five percent (5%) over the gross amount they were receiving in
December of 1990. In addition, effective August 1, 1999, all participations or beneficiaries of
participants who were receiving benefits under the plan prior to September 30, 1993 shall have the
monthly amount of retirement income increased by five percent (5%) over the gross amount they
were receiving in August of 1993 provided; however, this increase effective July 1, 1999 shall not
exceed one hundred dollars ($100.00) per month. Prev'.'ded, ~ewever, Effective August 1, 1999, all
participants with ten (10) or more years of credited service, and designated beneficiaries of such
participants who receive plan benefits that are based on or derived from the participant's normal
retirement income, regardless of the participant's retirement date, shall receive benefits based on a
minimum monthly normal retirement income amount of at least $4g0. five hundred dollars ($500)
per month.
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 upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of ,1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY OF DELRI:IY BEFIEH
CITY ATTORNEY'S OFFICE TM
TELEPHONE 561'243-Z090 · FACSIMILE 561/278-4755
DELRAY BEACH
~ ~ o . , o · Writcr's Dir¢ctLin¢: 561/243-7091
Ali,America City
DATE: June 11, 1999
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance 20-99 and 21-99 Applying A Retirement Benefit Enhancement
for Retirees of the Police and fire Pension Plan and 6eneral Employees
Pension Plan
Ordinance 20-99, provides for a 5% increase (not to exceed over $100.00 per month,
effective August 1, 1999 for general employees who retired pr/or to September 30, 1993.
The minimum normal retirement pension has been increased from $400 to $500 per
month.
Ordinance 21-99 provides a 5 % increase (not to exceed $100 per month) effective august
1, 1999 for police and fire pension plan members who retired prior to September 30,
1993. Only participants with ten or more years of credited service shall receive a
minimum normal retirement benefit of at least $500 per month. Please call if you have
any questions.
By copy to David Harden, City Manager, our office requests these ordinances be placed
in the June 15, 1999 agenda.
Attachment
cc: David Harden, City Manager
Alison Harty, City Clerk
ORDINANCE NO. 21-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE
AND FIRE DEPARTMENTS", SUBHEADING, "PENSIONS",
SECTION 33.68, "SUPPLEMENTAL RETIREMENT INCOME AND
MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO A
CERTAIN DATE", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION 33.68(A)
AND BY ENACTING SUBSECTION 33.68 (C); TO PROVIDE
ELIGIBLE MEMBERS AND THEIR BENFICIARIES WHO RETIRED
UNDER THE "POLICE AND FIRE PENSION PLAN" WITH
CERTAIN ENHANCED BENEFITS AND SETTING A MINIMUM
BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain
retirement benefits for certain retirees and their beneficiaries covered under the "Police and Firefighter
Pension Plan".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
Section 33.68, "Supplemental Retirement Income and Minimum Benefits for Members Who Retired
Prior to a Certain Date", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 33.68(A) and by enacting subsection 33.68 (C) and (D) to read as follows:
(A) Members and beneficiaries of members who retired prior to October 1, 1987, shall
receive an increase in their retirement income calculated in accordance with Sections 33.62 and 33.63,
equal to two percent (2%) for each year from the date of the member's retirement through September 30,
of et ~,,,,o, ¢'~nn ...... ,~, The supplemental and minimum retirement income provided in this section
shall be paid effective January 1, 1988. The supplemental retirement income provided in this section
shall not be subject to the benefit offset contained in Section 33.62(E)(5)(e) and (E)(7).
03) Members and beneficiaries of members who retired or terminated employment
prior to October 1, 1990, and began receiving benefits prior to the effective date of this ordinance, shall
receive an increase in their retirement income calculated in accordance with Sec. 33.62, 33.63,
33.68(A), equal to five percent (5%). The supplemental and minimum retirement income provided in
this section shall be paid effective April 1, 1993. The supplemental retirement income provided in this
section shall not be subject to the benefit offset contained in Section 13.62(E)(5)(e) and (E)(7).
(C) Effective August I, 1999, all participants 9r beneficiaries of participants who are
receiving benefits under the plan prior to September. 30, 1993 shall have the monthly amount of
retirement income increased by five percent (5%) over the gross amount they were receiving in August
of 1993 provided; however, this increase effective August 1, 1999 shall not exceed one hundred dollars
($100.00) per month.
(D) Effective August 1, 1999, all participants with ten (10) or more years of credited
service, and designated beneficiaries of such participants who receive plan benefits that are based on or
derived from the participant's normal retirement income, regardless of the participant's retirement date,
shall receive benefits based on a minimum monthly normal retirement income amount of at least five
hundred dollars ($500) per m0n..th.
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 upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- '- 55 {-.~X .'.,63. Za3 3[74 t']'l'l'
DEU~Y UEAC~
BOARD MEMBER APPLICATION
Please type or prim the following.}nformation: ,, _ .
~ip Co,df
$. Legal'Residenc.~ iX, ~x~ Ciw S~te Zip Code
4. ~cip~ Bm~,s~ Address: City Sm~ Zip Code
-6. What llo~d(~) are you i~Yerested in ~'~7~ !.S~O~ ~ ~~ ~ ~* ~ O ~} h~ ~
7. List allCi~ Boats"on which you ~¢ cbn~Oy s~g or have' p~viously sem~: ~]~se ~cludd dat~)
8_ Educational qualifications:
0. List ~ r, la~ed pro~ssional **nifi~ions ~d lic,n~s which ~u hold:
employs, ~d~osifion:
S 1, D,scribe c~ri.nc~, s~lls or knowl~ge ~h~ch q~i~' you to scn,~ on ~s b~d: ~1~, a~ch a brief resumc)
SEE ATTAC~D ~S~
I hereby certify that ell the above s~tement* are true, and ! agre~ and un'ders~Jnd that any
misstatement of m~eriel fe~ ~n~ined in ~is appfi~Uon may ~use fo~eirure upon my pa~ of
ao~ppoln~enr J ~ay receive. , ~ ~'~7'.~'=~- I t
Note: This ~phca5on wffi r~m~ on file ~ ~ ~lcrkl~ Offiee for · ~o~ of 2 y~s ~om ~e da~e iz was
subdue. I~ ~ be ~ applicant's responsibfliD' ~o ~e ~.~ n e~z ap~cadon ~ on file.
FE'Ol.t : lid PH~ liD. : 561 ~ ?369 Apr. O? i999 09:0E:AI.1 P2
KEVIN P. WARNER
24g Venetian Drive
Delray Be~ch, FL
ABTECH INDUSTRIES (Scottsdale, Arizona) New York. NY
Vice-President I)elrny Beach, FL
* Help run small, start-up environmental products company 199S-present
LEHMAN BROTHERS, Institutional Fixed Income New York, I~Y
Vice President, GEN'ER~IST SALES & RESEARCH DEPARTMENT 1955-95
· la,?~ly'zed COmmercial ~Ild residential real estate ~ransaciions, new issue
und~wri6ngs, and corpocm¢ bond ~.~edit~ for clie. nt rr. la6onships.
· Developed investment su-afegies for firm's money manager clients.
CITIBANK, N.A., Institutional l~txed Income New York, NY
Asm. Vice President, OElqERALIST SAJ.ES 19g0-g5
. Mmaged depository and mortgage ba~king clieu~ relationships.
WASHINGTON, D.C. COUNCIL OF GOVERNMENTS Washington, DC
WATER RESOURCES PLAteN'ER ! 977-79
· Performed finm~cial m~alysis for expansion of regional wastewat~' trealment system.
· Wrote regional plan for isled trw nppHcation ofwastewater.
1.1.S. ENVIRONMENTAL PROTECTION AGENCY Washinglo~ DC
WATER RESOURCES ENOINEER 197~-76
· ldemtified regional needs for national wastewater treatment grants program.
· Helped stre~dme Enviroumental Impact Statement review process,
CONNECTICErr DEPARTMENT OF ]~NVIRONMENTAL PROTECTION Hartford, CT
AIR POLLUTION ENGINEER 1972-73
o Increased indl&stl~ coillpli~nce with grate ~ polllltion rcgtllatiolxs.
DISTRICT '/SANITATION COUNCIL - citize~ advocacy group. New York City
COMMUNITY BOARD 7 - New York Ci~ governmental advisory body. 1985-98
WEST ??Va STREET BLOCK ASSOCIATION - loc, al su~t ~ssociation.
DIiLRAY BF.,ACH AFFILIATIONS
VIA MARINA HOMEOWNERS P~SOCIATION, President
PROGRESSIVE RESIDENTS OF DELRAY, Member
BEAClt PROPERTY OWNERS ASSOCIATION, Member
EDUCATION
PRINCETON UNIVERSITY, Bachelor of Science in Engineering, 1971 Princeton, NJ
0i/29/i999 i8:20 56i278~555 DB ,DHAM~ER ,DO~MER,DE PA,~E 02
81/28/19~9 11': 47 5G1278B555 DB ~B~ ~,~ );-AGr~ 02
GI~ OF DEL~Y B~CH / '~ ff-~ /
BOARD MEMBER APPLIGATION
tl~ %ollowi~ tn,formation:
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I he.by ~ Chic ~l ~e ~bo~"s~men~ ~ ~e, ~ Z eg~e an~ u~er~t~nd ~t any
any appointment [ may m~/ve. "..
C~ CLER:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM #/6~ - REGULAR MEETING OF JUNE 15~ 1999
ORDINANCE NO. 17-99 (LDR AMENDMENTS DEALING WITH
SPECIAL LANDSCAPE SETBACKS AND BUILDING SETBACKS IN THE
FEDERAL HIGHWAY CORRIDOR)
DATE: JUNE 11, 1999
This is second reading and a public hearing for Ordinance No. 17-
99 which amends various sections of the Land Development
Regulations dealing with special landscape setbacks and building
setbacks in the Federal Highway corridor.
The City's Comprehensive Plan and the CRA's Community
Redevelopment Plan both identify the North Federal Highway
corridor as blighted and call for the preparation of a program to
hasten the revitalization of the area. The "North Federal
Highway Redevelopment Plan" which was adopted by the City
Commission on March 16, 1999, called for the placement of
buildings closer to the street. The amendments proposed in
Ordinance No. 17-99 are required to make this possible.
The Planning and Zoning Board considered the text amendments at a
public hearing on May 17, 1999, and voted unanimously to
recommend approval with one recommended change that has been
incorporated into the ordinance (i.e. that the provisions for
elimination of the special landscape setback between the front
building edge and the right-of-way be extended to include the
area between S.E. l0th Street and S.E. 3rd Street). The Community
Redevelopment Agency also recommended approval of the amendments.
They felt that there should be provisions to ensure that
landscaping be installed in front of buildings, and to allow
buildings to be set back further than the proposed 15 foot
maximum where appropriate. Provisions to this effect are
included in the ordinance. At first reading on June 1, 1999, the
City Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 17-99 on second and final
reading, based upon the findings and recommendations of the
Planning and Zoning Board.
ORDINANCE NO. 17-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING
SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS",
SUBSECTION (H) (6), "SPECIAL SETBACKS", SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (F),
"DEVELOPMENT STANDARDS", AND SUBSECTION (H), "SPECIAL
REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL
(AC) DISTRICT", SUBSECTION (F), "DEVELOPMENT
STANDARDS", AND SECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX", ALL TO AMEND BUILDING AND
LANDSCAPE SETBACK REQUIREMENTS ALONG THE FEDERAL
HIGHWAY CORRIDOR WITHIN THE CITY OF DELRAY BEACH;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on May 17, 1999, and forwarded the changes with a
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Thru Chapter Fo~, "Zo~ng Regulmions", Section 4.3.4, "Base District
Development Stand,ds", Se~ion 4.4.9, "Genial Comm~cial (GC) Di~fi~", and Section 4.4.10,
"Automotive Commemial (AC) Dis~ict" of ~e Land Developmem Regulations of ~e Ci~ of Delray
Beach, Florida, be, and ~e same ~e hereby amended ~ set ~h in Exhibit "A" attached hereto and
made a part hereo£
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 upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
-2- / 7 -
Ord. No. 1~-99
Section 4.3.4 Base District Development Standards:
(H) Setbacks:
(6) Special Setbacks: Three types of special setbacks are established in order
to provide for preservation of area for expansion of roadways and/or streetscape
beautification. These are: special building setbacks, special landscape setbacks, and a
combination thereof.
(b) Special Landscape Setbacks: Within the following special landscape
setbacks, no structures shall be altered, erected, or reconstructed; nor
shall any paving be allowed except for driveways and sidewalks which
lead to structures on, or provide access to, the site and then only when
generally perpendicular to the frontage. However, waivers may be
granted to these restrictions at the time of site plan review in order to
accommodate landscape features, decorative walls, meandering
sidewalks, and other decorative pedestrian ways.
(1) Along Federal Highway (U.S. Highway 1), including the one-way pairs
(5th and 6th Avenues), extending from the south City limits to S.E. 10~"
Street, special landscape areas shall be provided as shown below on
both sides of the ultimate right-of-way:
LOT SINGLE. :DOUBLE;
DEPTH FRONTAGE !
Up to 200' 10' 10'
201 to 250' 15' 10'
251 to 300' 20' 15'
Over 300' 25' 20'
* Includes frontage on both Federal Highway and Dixie Highway
(2) Along Federal Highway (U.S. Highway 1 ), including the one-way pairs
(5th and 6th Avenues), extending from S.E. 10TM Street to the north
City limits, but excluding the blocks between S.E. 1s' Street and N.E.
1 s~ Street, a 10 foot ("10') special landscape area shall be provided on
both sides of the ultimate right-of-way.
The special landscape area shall not be required between the front
building edge and the ultimate right-of-way where storefronts face the
roadway and no parking or vehicular circulation areas are provided
between the building and the right-of-way. However, the body acting
upon the development application may require that foundation
plantings, street trees or other landscape features be installed in front
of the building to add interest and provide relief from the building
mass.
*(3) Along West Atlantic Avenue, From 1-95 to the Western City Limits,
a special landscape area shall be provided on both sides of the
ultimate right-of-way.
This landscape area shall be the smaller distance of either thirty feet
(30') or 10% of the average depth of the property; however, in no case
shall the landscape area be less than ten feet (10').
*(4) Along Linton Boulevard, from A-1-A to the western City limits, a
special landscape area shall be provided. This landscape area shall
be the smaller distance of either 30' or 10% of the average depth of
the property; however, in no case shall the landscape area be less
than ten feet
*(5) Along Congress Avenue, from the L-38 Canal northward to the L-30
Canal, a special landscape area shall be provided. This landscape
area shall be the smaller distance of either 30' or 10% of the average
depth of the property; however, in no case shall the landscape area be
less than ten feet (10').
*(6) Along Military Trail, from the L-38 Canal northward to the L-30 Canal,
a special landscape area shall be provided. This landscape area shall
be the smaller distance of either 30' or 10% of the average depth of
the property; however, in no case shall the landscape area be less
than ten feet (10').
Section 4.4.9 General Commercial (GC) District:
(F) Development Standards: In addition to the development standards set forth in
Section 4.3.4, the following development standards shall apply in the GC District:
(3) North Federal Highway Area: The following development standard shall
apply to parcels which have frontage on North Federal Hi~lhway or the North Federal
Highway one-way Pairs (NE 5TM
Avenue and NE 6~" Avenue) between N.E. 4t~ Street and the
north City Limits.
(a) Parcels shall have a minimum front building setback of five feet (5')
measured from the ultimate right-of-way line. The maximum setback
shall be fifteen feet (15'), unless it can be demonstrated to the Site Plan
Review and Appearance Board that it is not feasible to comply with this
standard.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to a right-of-way
shall be a landscaped area, except within the West Atlantic Avenue Overlay District as
defined in Section 4.5.6(B) and within the North Federal Highway Area as defined in
4.4.9(F)(3), which is subject to the special landscape setbacks of Section 4.3.4(H)(b). Within
the required front landscape area, no paving shall be allowed except for driveways and