09-07-99 Regular 1993
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 at 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 to
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 record. 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 Commission 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:
Regular Meeting of August 17, 1999
6. Proclamations:
A. Recognizing Scott Woolley as Ernst & Young's 1999 Florida
Entrepreneur of the Year
B. Recognizing and commending the 1999 Ocean Rescue Lifeguard EMS
Competition Team's First Place tie in the 1999 Emergency
Medical Foundation International Basic Life Support Competition
7. Presentations:
A. Special Merit Award to Robert Bullard, Utility Maintenance
Manager, and Clayton Gilbert, Utility Maintenance Supervisor,
for their suggestion to reduce pumping operations at the
Master Booster Pump Station, thereby reducing electrical costs
at the facility by approximately 75%, with an annual savings
of $15,000 anticipated.
8. Consent Agenda: City Manager recommends approval.
A. RESOLUTION NO. 53-99: A resolution extending an invitation to
the City of Moshi, Tanzania, to establish a Sister City
relationship with the City of Delray Beach.
B. FINAL PLAT APPROVAL/COLNON SUBDIVISION: Approve the final
plat for Colnon Subdivision, a proposed three lot subdivision
located south of N.W. llth Street on Lake Ida.
C. FINAL PLAT APPROVAL/"ESTUARY": Approve the final subdivision
plat for "Estuary", a proposed 82 unit townhouse development
to be located on the west side of the Intracoastal Waterway,
east of North Federal Highway between Denery Lane and Royal
Palm Boulevard.
Regular Commission Meeting
September 7, 1999~
D. FINAL PLAT APPROVAL & ACCESS EASEMENT/CONGRESS COMMERCE
CENTRE: Approve the final subdivision plat for Congress
Commerce Center, a proposed industrial park to be located at
the southeast corner of Lake Ida Road and Congress Avenue, and
grant a non-exclusive, perpetual easement over City-owned
property to provide for access to and from the Congress
Commerce Centre property onto Lake Ida Road.
E. HOLD HARMLESS AGREEMENT & RIGHT-OF-WAY DEED/PINEAPPLE GROVE
PROPERTIES, LTD.: Approve a hold harmless agreement for brick
pavers located in an easement and the construction of a sewer
line in the public right-of-way and accept a right-of-way deed
for a 16 foot drive aisle from Pineapple Grove Properties,
Ltd. in accordance with the provisions of Resolution No. 26-99
abandoning the north/south alley located on the old Winn Dixie
property at the northeast corner of N.E. 2nd Avenue and N.E.
1st Street.
F. AGREEMENT FOR TRANSFER OF PROPERTY/HABITAT FOR HUMANITY:
Approve an agreement between the City and Habitat for Humanity
of Boca-Delray, Inc. concerning the transfer of property
located at 214 S.W. 5th Avenue from Habitat to the City for
the purpose of quiet title action in order to clear title and
obtain title insurance, with subsequent transfer back to
Habitat for Humanity.
G. TRAFFIC ENFORCEMENT AGREEMENT/DEL AiRE COUNTRY CLUB PROPERTY
OWNERS ASSOCIATION: Approve an agreement between the City and
the Del Aire Country Club Property Owners Association to allow
the Delray Beach Police Department to enforce state and local
traffic laws on the private roads of the Del Aire Country Club.
H. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PROGRAM:
Approve a funding subsidy in the amount of $13,600.00 for an
income eligible applicant under the Delray Beach Renaissance
Program, with funding from 118-1924-554-83.01 (SHIP Program),
representing the 93rd homeownership assistance grant provided
through the program to-date.
I. RESOLUTION NO. 54-99: Approve a resolution assessing costs
for the demolition of an unsafe building located at 407 S.W.
2nd Street (W 1/2 of Lot 16, Block 30, Town of Delray).
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period August 16th through September 3, 1999.
K. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $263,510.00 to Marine
Engineering Contractors, Inc. for construction of the
chemical storage building at the Water Treatment Plant,
with funding from 441-5161-536-63.73 (Chemical Storage
Building).
-3-
Regular Commission Meeting
September 7, 1999~
2. Contract award in the amount of $96,062.00 to Glasgow
Equipment Service, Inc. for the removal and replacement
of three underground fuel storage tanks at the
Environmental Services complex, with funding from
334-6112-519-64.28 (General Construction Fund - Fuel
Tanks).
3. Purchase award in the total amount of $413,025 to Comark
Government & Education Sales for the purchase of 83
laptops and associated options (via Florida SNAPS
contract in the amount of $403,169) and memory to upgrade
the existing 77 laptops at the Police Department (via
Florida State contract in the amount of $9,856), with
funding from 334-6111-519-64.29 (COPS More 98 Grant).
9. Regular Agenda:
A. CONDITIONAL USE REQUEST/TOWN SQUARE: Consider a request for
conditional use approval to allow (1) a building height of 54
feet and (2) the establishment of a bank with drive-through in
the Central Business District for Town Square, a proposed
mixed use development to be located at the current site of
Republic Security Bank on the south side of N.E. 1st Street,
between N.E. 5th and 6th Avenues. QUASI-JUDICIAL PROCEEDING
B. IN-LIEU OF PARKING FEE FOR GROVE SOUARE (BLOCK 85
REDEVELOPMENT): Consider approval of a request to allow the
payment of an in-lieu of fee for one (1) parking space
associated with the construction of an office building for
Grove Square (Block 85 Redevelopment), proposed to be located
on the east side of S.E. 2nd Avenue between East Atlantic
Avenue and S.E. 1st Street.
C. PARKING LICENSE AGREEMENT/DAKOTAH 624: Consider approval of a
parking license agreement with Dakotah 624 for the use of six
(6) spaces on the south side of Atlantic Avenue between the
FEC Railway and S.E. 2nd Avenue from 5 p.m. to 2:00 a.m.,
seven days per week, for valet parking queues.
D. SPECIAL EVENT REQUEST/1ST ANNUAL GLOBAL FESTIVAL: Consider a
request for special event approval for the First Annual Delray
Beach Global Festival to be held on October 23, 1999, from
10:00 a.m. until 10:00 p.m., to include a temporary use permit
for the closure of N.E. 1st Avenue from Atlantic Avenue north
to just south of the Old School Square gymnasium, use and
set-up of the large stage, staff assistance for barricading,
trash removal and security, and waiver to allow event signage
more than one week in advance.
E. SPECIAL EVENT REQUEST/FIRST NIGHT: Consider a request for
special event approval for First Night to be held on December
31, 1999 from 4:00 p.m. until midnight, to include a temporary
use permit for the use of City facilities and rights-of-way
(street closures), staff support, waiver of overtime costs and
-4-
Regular Commission Meeting
September 7, 1999
facility and equipment costs, and to provide portable lighting
for street intersections.
F. SPECIAL EVENT REQUEST/RUN FOR THE WHISPER 5K RUN/WALK
(NATIONAL OVARIAN CANCER COALITION): Consider a request for
special event approval for the Second Annual Run for the
Whisper to be held on April 15, 2000, from 7:30 a.m. until the
end of the run/walk, to include a temporary use permit for the
use of Anchor Park and the A1A right-of-way, staff assistance
for barricading the route, and Police assistance for security
and traffic control.
G. SPADY MUSEUM AND THE WILLIAMS HISTORIC HOME/CRA DONATION:
Consider a request from the Community Redevelopment Agency to
move the historic Susan Williams home at 30 N.W. 3rd Avenue to
the Spady Historic Museum site at 170 N.W. 5th Avenue, and
donation of same to the City.
H. COST ESTIMATE TO SURVEY CANALS IN TROPIC ISLE SUBDIVISION:
Consider a proposal from Coastal Planning & Engineering, Inc.
to perform surveying and associated engineering services for
the purpose of developing a preliminary cost estimate to
dredge the canals of Tropic Isle subdivision.
I. BID AWARD/STILES-KEM OF MET PRO CORP. (POLYPHOSPHATE ANNUAL
CONTRACT): Consider approval of a bid award at an estimated
annual cost of $49,980 to the lowest responsive, responsible
bidder, Stiles-Kem of Met Pro Corp. (third iow bid) for the
purchase of polyphosphate for the Water Treatment Plant, with
funding from 441-5122-536-52.21 (Water Treatment &
Storage/Chemicals) in FY 2000 budget.
J. BID AWARD/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (POLICE
EVIDENCE STORAGE BUILDING & EXERCISE AREA): Consider approval
of a bid award in the amount of $170,878.00 to Republic
Construction & Development Corp., second low bidder, for
construction of a new Police Evidence Storage Building and
interior modifications in constructing an exercise area, with
funding from 334-6111-519-62.10 (Capital Outlay - Buildings).
Also requested is acceptance of the iow bidder's request to
have their bid withdrawn.
10. Public Hearings:
A. RESOLUTION NO. 56-99 (TENTATIVE TAX LEVY): A resolution
tentatively levying a tax on all properties within the City of
Delray Beach for maintenance and operation, and for payment of
principal and interest on bonded indebtedness, for FY 2000.
B. RESOLUTION NO. 57-99 (TENTATIVE TAX LEVY/DDA): A resolution
tentatively levying a tax on all properties within the
Downtown Development Authority Taxing District of the City of
Delray Beach for FY 2000.
Regular Commission Meeting
September 7, 1999~
C. RESOLUTION NO. 58-99 (TENTATIVE BUDGET ADOPTION FOR FY 2000):
A resolution tentatively making appropriations of sums of
money for all necessary expenditures of the City of Delray
Beach for the period October 1, 1999 through September 30,
2000.
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. 34-99: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code by amending Section
51.70, "Regular Charges Levied", to provide for an increase in
residential and commercial collection service rates for FY
2000. If passed, a public hearing will be scheduled for
September 21, 1999.
B. ORDINANCE NO. 35-99: An ordinance amending Chapter 71,
"Parking Regulations", of the City Code by enacting a new
Section 71.030, "Immobilization Regulations", to enact
guidelines governing the immobilization (booting) of vehicles
on private property. If passed, a public hearing will be
scheduled for September 21, 1999.
13. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
-6-
WHEREAS, Scott Woolley began his production career in the grocery business,
producing video shorts and playing them on monitors in his family's chain, Woolley 's Fine
Foods, to entertain and educate customers waiting for service; and
WHEREAS, armed only with a home video camera, Scott rented studio facilities and
equipment and taught himself the production process as a hobby; and
WHEREAS, soon after, he chose to venture out on his own and pursue his life-long
dream of owning a production company. Assured of failure by family and friends, he rented a
small office and created Five Star Productions with two employees; and
WHEREAS, six years later Scott Woolley is president of the largest production company
in South Florida and is the recipient of numerous prestigious industry awards including an
Emmy, Addy 's, Telly's and Aurora 'S; and
WHEREAS, Scott sits on the Board of Directors of the Palm Beach County Film and
Television Commission and the Palm Beach International Film Festival. He also sits on the
Board of Directors of several charity organizations; and
WHEREAS, Five Star Production produces and syndicates several television series,
including "Today 'S Environment", "The Best of Wine and Food", "Parenting in the 90 's and
Beyond", and "Today's Health ". Additionally, Five Star Productions produces radio's "Inside
the NH£", and specializes in professional sports programming and production support by
providing game content to all of South Florida's professional sports franchises, the Florida
Marlins, Florida Panthers, Miami Dolphins and Miami Heat; and
WHEREAS, on June 24, 1999, Scott Woolley, president and co-founder of Five Star
Productions, was named Ernst and Young's
1999 FLORIDA ENTREPRENEUR OF THE YEAR
in the Business Services category. Scott will now be inducted into the Entrepreneur Of The Year
Hall of Fame, and will proceed to competition for the National Entrepreneur of the Year. This
award comes on the heels of Five Star being named by the South Florida Business Journal as
South Florida's largest film~video production company, and by the Hope Report as the nation's
26tn largest.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission and citizens of Delray Beach, do hereby recognize and
commend Scott Woolley for his many accomplishments and the vision to follow his dreams.
IN WITNESS WHEROF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed this 7t~ day of September, 1999.
Jay Aiperin
Mayor
F T YE- ~S.T~P.. PF.~O])I_IC:T T OIq$ 5 P . 02
FIVE
STAR
PRODUCTIONS
FOR IMMEDIATE RELEASE Contact: Steve Rice
(561) 279-7827, ext. 381
FIVE STAR PRESIDENT SCOTT WOOLLEY NAMED
ERNST & YOUNG ENTREPRENEUR OF THE YEAR
Delray Beach, FL - June 28, 1999 - Scott Woolley, president and co-founder of Five
Star Productions, was named Ernst and Young's 1999 Florida Entrepreneur Of The
Year, in the Business Services category. The announcement was made, and Woolley
accePted his award at a banquet in Orlando, Florida, on Thursday, June 24. The
award comes on the heels of Five Star being named by the South Florida Business
Journal as South Florida's largest film/video production company, and by the Hope
Report as the nation's 26th largest,
After accepting the Entrepreneur Of The Year award, Woolley paid compliment to his
staff, saying, "1 have been fortunate to be surrounded by the hardest-working and most
creative individuals in the business. We earned this award together."
Woolley was selected as one of three finalists from thousands of entries statewide.
According to Ernst & Young, finalists and winners were selected "based on several
factors, including financial growth, growth in number of employees, the stow behind the
success of the entrepreneur, and the unique characteristics that set the entrepreneur
apart from his/her competitors." Woolley will now be inducted into the Entrepreneur Of
The Year Hall of Fame, and will proceed to competition for the National Entrepreneur of
the Year.
Woolley began his career in the grocery business, producing video shorts and playing
them on monitors in his family's chain, Woolley's Fine Foods. The videos engaged,
entertained, and educated customers waiting for service at counters throughout the
stores. Lacking the production resources to create the quality videos he demanded,
-more-
43f./S. Congress Avenue · D¢lray Beach, FL 33445 - (561) 279-STAR o Fax (561) 279-4508 - hrtp://wxg~v,vstar.com ·
F I'./E- ~;TRF,' P~'OI~IJC:T ICIlY!E; ~ F'. Cl~
Entrepreneur of the year, l~ge 2 of :2
Woolley - armed only with a home video camera - rented studio facilities and
equipment and taught himself the production process as a hobby.
Soor~ after, he chose to venture out on his own and pursue his life-long dream of
owning a production company. Assured of failure by family and friends, he rented a
small office and created Five Star Productions with two employees. Six years later, at
the age of 38, he is president of the largest production company in South Florida and is
the recipient of numerous prestigious industry awards including an Emmy, Addy's,
Telly's and Aurora's - and Entrepreneur Of The Year.
Scott Woolley sits on the Boards of Directors of the Palm Beach County Film and
Television Commission and Palm Beach International Film Festival. He also sits on the
Boards of Directors of several charity organizations.
Five Star Productions produces and syndicates several television series'. Five Star's
current syndicated TV shows include: "Today's Environment", hosted by' Ed Begley,
Jr.;" The Best of Wine and Food" hosted by George Hamilton; "Parenting in the 90's -
and Beyond" hosted by Klm Alexis; and, "Today's Health", hosted by Faith Daniels.
Additionally, Five Star Productions produces radio's "Inside the NHL", and specializes
in professional sports programming and production support. Five Star provides game
content to all of South Florida's professional sports franchises: the Florida Marlins,
Florida Panthers, Miami Dolphins, and Miami Heat.
rlT¥ OF DELRI:B¥ BE;I£H
DELRAY BEACH
~ ^ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
1993
WHEREAS, the City of Delray Beach Parks and Recreation Department,
Ocean Rescue Division, Lifeguard EMS Competition Team competed in the 1999
Emergency Medical Foundation International Basic Life Support Competition or
"Clin-Cons" in Orlando, Florida, on July 7, 1999; and
WHEREAS, twelve Basic Life Support teams from Fire Rescue, Ocean
Rescue and private ambulance services competed from throughout Florida; and
WHEREAS, the Delray Beach Ocean Rescue EMS Competition Team was
the first ever Ocean Lifeguard Agency to compete at the 1996 Clin-Cons
Competition; and
WHEREAS, the Delray Beach Ocean Rescue EMS Competition Team was
the first ever to tie for First Place at Clin-Cons in 1999; and
WHEREAS, the involvement and achievements of the Ocean Rescue EMS
Competition Team in the International Basic Life Support competition have
generated much civic and community pride.
NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, and the Citizens of Delray
Beach, hereby recognize and commend the First Place Winners to wit as follows
LIEUTENANT ERIC FELD, EMT
OCEAN LIFEGUARD WALTER BA UM, EMT
OCEAN LIFEGUARD BRENT TRA CY, EMT
for their representation of the City of Delray Beach and offer them
congratulations for a job well done in the 1999 Emergency Medicine Foundation
International Basic Life Support Competition.
IN WITNESS WHEROF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of
September, ]999.
JAY ALPERIN
MA YOR
EFFORT ALWAYS MATTERS
AGENDA REQUEST
Date: August 18, 1999
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: September ? 1999
Description of agenda item (who, what, where, how much): Request Mayor to
sign and City Commission to issue Proclamation honorin~ the 1999 Ocean Rescue
Lifeguard EMS Competition Team's tie for 1st place in the 1999 Emergency Medical
Foundation International Basic Life Support Competition ( Clin-Cons ~.
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommendation: Mayor to si§n and City Commission to issue Proclamation.
Department Head Signature:
Determination of Consistency with Co sire Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funas):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance: ~
City Manager Review:
Approved' for agenda: ~/ NO'~
Hold Until: ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
Agenda Item No. '~. ~q.
AGENDA REQUEST
Date: 08/30/99
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 09/07/99
Description of item (who, what, where, how much): Staff requests formal recognition of Messrs. Robert
Bullard and Clayton Gilbert for their suggestion of reducing pumping operations at the City Master Booster
Pump Station. Implementation of this suggestion has reduced electrical costs at the facility by
approximately 75% with an annual savings of $15,000.00 anticipated.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES~_._QO
Recommendation: ~~~.
DEPARTMENT HEAD SIGNATURE: ~,L<. FI - (~ q
Determination of Consistency with Comprehensive Plan
City Attorney Review/Recommendation (if applicable
Budget Director Review (required on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: Approved for agenda: ~0 ~
Hold Until: ~
Agenda Coordinator Review: Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Director of Environmental Services
SUBJECT: ROBERT BULLARD, UTILITY MAINTENANCE MANAGER
CLAYTON GILBERT~ UTILITY MAINTENANCE SUPERVISOR
DATE: August 31, 1999
We are pleased to, once again, receive notice from the City's Human Resources
Department that Messrs. Bullard and Gilbert will share a special merit award in
recognition of their recent suggestion regarding operational efficiency of pump station
# 100, the City's sewage booster pump station on S.E. 4th Avenue and 3ra Street.
As you are aware, all of our utility facilities are monitored on a twenty-four hour basis by
our computerized telemetry system. Valuable information is gathered and organized into
reports to assist in monitoring system operation trends for operational modifications that
may be needed from time to time. While telemetry repons for the booster pump station
indicated that it has been operating normally and in accordance with design parameters,
Messrs. Bullard and Gilbert noted that run times for each of the four 60 HP variable
frequency drive (VFD) motors and pumps appeared low. This indicated that, since the
pumps did not run frequently, even during peak flows, perhaps all four pumps were not
necessary to efficient system operation.
VFD motors are more expensive to operate in terms of electrical use because of the
transformers and electronic control equipment that must remain energized whether the
pump motor is running or not. Recognizing this fact, Clayton and Bob theorized that a
savings in electricity could be realized by operating fewer pumps. After some
experimentation, it was decided that two of the VFD units would suffice to handle peak
flow conditions. The other two could be de-energized to save power. They could be re-
energized, if needed, remotely through the telemetry system. Station operation was
modified as described and during the heavy rainfall experienced in early June, system
operation proved adequate to handle the above normal flows associated with storm
events. Electrical costs at the booster pump station have been reduced from $2,388 in
December of 1998, to $643 in July of 1999. While the savings will vary from month to
month, an annual savings of $15,000 is anticipated from the described operational
modification.
Once again, we are fortunate to have a staff composed of dedicated and innovative
employees like Bob and Clayton, and we take great pride in showcasing their
accomplishments.
Please place this item on the September 7 agenda for award presentation by Mayor
Alperin.
RCH: jem
c: Robert Bullard, Utility Maintenance Manager
Clayton Gilbert, Utility Maintenance Supervisor
Ned Gusty, Human Resources Director
LS # 100: Four (4) 60 HP Motors and Pumps
P000403
cr'rY OF
.... 255 NE 41'14 AVE lit L.~100 ACCT #:60969-0~568
ENERGY AND BILLING DATA ACCOUNT ANAL Y~.~$
9.1~a $39.99 ~ ~602.57
235e4 $74.02 $1.115.27 [ $1.169.29
- ' .... ~1 I Il !
~R~S ~IPT$ 7~ F~CfllSE ~GG. MUNICiP~ T~ ~O~DA ~ES T~, ~T. ~S T~
'--COM~S~ DATA ~ B~EN ROUNO~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~>~
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF, SEPTEMBER 7, 1999
RESOLUTION NO. 53-99 IN SUPPORT OF SISTER CITY
RELATIONSHIP WITH THE CITY OF MOSHI~ TANZANIA
DATE: SEPTEMBER 1, 1999
At the August 17th regular meeting, Mrs. Charlotte Durante and Mr.
Kjell Bergh gave a presentation on expanding our current Sister
City program to include a new Sister City relationship with the
City of Moshi, Tanzania, East Africa. It was the consensus of
the City Commission to endorse this campaign. Direction was
given that a resolution of support be prepared as part of the
process for establishing the Sister City linkage.
Resolution No. 53-99 is provided for City Commission review and
approval. Once approved, the resolution will be forwarded to the
City of Moshi as a formal invitation to participate with Delray
Beach in the Sister City program.
Recommend approval of Resolution No. 53-99 extending an
invitation to the City of Moshi, Tanzania, to establish a Sister
City relationship with the City of Delray Beach.
Ref:Agmemo14.Res.53-99.Sister City.Moshi, Tanzania
RESOLUTION NO. 53-99
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, EXTENDING AN
INVITATION TO THE CITY OF MOSHI, TANZANIA,
TO ESTABLISH A SISTER CITY RELATIONSHIP WITH
THE CITY OF DELRAY BEACH, AND INVITING THE
PEOPLE OF MOSHI, TANZANIA, TO PARTICIPATE IN
THIS MUTUALLY ADVANTAGEOUS PROGRAM.
WHEREAS, the Sister City concept was inaugurated by
the President of the United States in 1956 in an effort to
establish greater friendship and understanding between the
peoples of the United States and other nations through the
medium of direct personal contact; and
WHEREAS, all succeeding U.S. Presidents have endorsed
the Sister City program, to be conducted for the broad purposes
of the exchange of ideas and people between the citizens of the
United States of America and the peoples of other nations; and
WHEREAS, to implement this program, the City of Delray
Beach and other communities throughout the United States have
been requested by Sister Cities International to affiliate with
cities in other nations of similar characteristics and mutual
interests; and
WHEREAS, the City of Delray Beach, Florida, by and
through its elected City Commission, does recognize and endorse
the Sister City program with the hope that it will lead to a
lasting friendship between the people of Delray Beach and Moshi,
Tanzania.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, on behalf of the citizens of Delray Beach, does
hereby extend an invitation to the government and the people of
the City of Moshi, Tanzania, to establish a Sister City
relationship with Delray Beach for the purpose of creating
greater mutual understanding between the peoples of our two
great cities and nations.
Section 2. That the Mayor is hereby authorized to act
as official representative of the City of Delray Beach in
carrying out the Sister City program.
Section 3. That copies of this Resolution shall be
sent to the Mayor and Commission of the City of Moshi, Tanzania,
Sister Cities International in Washington, D.C., the Embassy of
Tanzania, and the United States Embassy in Tanzania, East
Africa.
PASSED AND ADOPTED in regular session on this the 7th
day of September, 1999.
ATTEST:
2
Res. No. 53-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~'1
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF SEPTEMBER 7~ 1999
FINAL PLAT APPROVAL/COLNON SUBDIVI SION
DATE: SEPTEMBER 1, 1999
This is before the Commission to approve the final plat for
Cotnon Subdivision, a proposed three lot subdivision located
south of N.W. 11th Street on Lake Ida.
Ail technical and staff comments have been addressed and the plat
is ready for approval.
Recommend approval of the final plat for Colnon Subdivision.
Ref:AGMEMO10.Final Plat.Colnon Subdivision
Agenda Item No. ~
AGENDA REQUEST
Date: September 1, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: September 7, 1999
Description of item (who, what, where, how much):Approval of the Colnon
Subdivision Plat. Staff comments have been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Colnon Subdivision
Plat. J~ ~~ ~
Department head signature: ~_ . ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review 'Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:~/ ~, \~E~/NO~/~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: tac-colnon plat
file:s/engadmin/tac/colnon/ag090799.doc
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: Barron Caronite, PE, Asst. City Engin e~/r~
'l
DATE: September 1, 1999
SUBJECT: Colnon Subdivision Plat
Please find attached the agenda request for Commission approval of the Colnon
Subdivision plat. The project consists of a three lot subdivision South of NW 11~ Street
on Lake Ida. I have also enclosed a location map, and a reduced copy of the plat. All
staff comments have been addressed. If this meets with your approval, please place it
on the September 7, 1999 Commission meeting for Commission approval.
File: S:/engadmin/taclcolnonlagmerno.doc
cc: Randall Krejcarek, P.E., City Engineer
Paul Dorling, Principal Planner
TAC: Colnon Plat
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Agenda Item No.
AGENDA REQUEST
Date: September 1, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: September 7, 1999
Description of item (who, what, where, how much):Approval of the
Subdivision Plat for Estuary. Staff comments have been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recomm~s app~r~oval of the Subdivision Plat for
Estuary.
Department head signature: ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/Nq¥31~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: tac-The Estuary
file:s/engadmin/tac/Estuary/ag090799.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF SEPTEMBER 7, 1999
FINAL PLAT APPROVAL/ "ESTUARY"
DATE: SEPTEMBER 1, 1999
This is before the Commission to approve the final subdivision
plat for "Estuary", a proposed 82 unit townhouse development to
be located on the west side of the Intracoastal Waterway, east of
North Federal Highway between Denery Lane and Royal Palm
Boulevard.
The Site Plan Review and Appearance Board reviewed and approved
the proposed site plan on January 6, 1999. Ail technical and
staff comments have been addressed and the plat is ready for
approval.
Recommend approval of the final subdivision plat for "Estuary".
Ref:AGMEMO10.Final Plat."Estuary"
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
Caronite, PE, Asst. City Engineer~-~
FROM:
Barron
DATE: September 1, 1999
SUBJECT: Estuary Subdivision Plat
Please find attached the agenda request for Commission approval of the Estuary
subdivision plat. The project consists of the construction of 82 townhouse units located
East of Lake Trail on the intracoastal waterway. I have also enclosed a location map,
and a reduced copy of the plat. Site plan approval was granted by the Planning and
Zoning Board on January 6, 1999 All permits have been received and all staff
comments have been addressed. If this meets with your approval, please place it on
the September 7, 1999 Commission meeting for Commission approval.
File: S:/engadminltac/estuarylagmemo.doc
cc: Randall Krejcarek, P.E., City Engineer
Janet Meeks, Senior Planner
Paul Dorling, Principal Planner
TAC: Estuary
Il;
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: July 19, 1999
AGENDA ITEM: III.A.
ITEM: Combined Preliminary/Final Plat Approval for the Estuary (f.k.a. Yake
Property), Located approximately 850' East of U.S. 1, North of
Denery Lane, South of Allen Avenue, Immediately Adjacent to the
I ntracoastal Waterway.
GENERAL DATA:
Owner ............................ Delray Estuary L.C.
Agent .............................. Keith & Associates, Inc.
Applicant ........................ Porten Companies, Inc.
Location ......................... Approximately 850' east of U.S.
1, north of Denery Lane, south of
Allen Avenue, Immediately
adjacent to the Intracoastal
Waterway
Property Size ................. 17.56 Acres
Future Land Use Map .... Medium Density (5-12 units/acre)
Current Zoning ............... RL (Low Density Residential) &
RM (Medium Density Residential)
Adjacent Zoning...North: R-loA (Single Family Residential)
East: Intracoastal Waterway
South: RL
West: RL & RM
Existing Land Use .......... Vacant
Proposed Land Use ....... Construction of an 82-unit
townhouse development
consisting of 2 and 3 stow town
homes, a tot lot, fishing pier, and
community pool with associated
parking and landscaping.
Water Service ................ Available via connection to an
existing 8" water main in Palm
Trail, Lake Avenue North and
Lake Avenue South.
Sewer Service ................ Available via connection to an
existing 8" sewer main in Lake
Avenue South.
III.A.
The item before the Board is that of approval of a combined preliminary/final plat for a
17.56 acre fee simple 82 unit townhouse development known as Estuary. The subject
property (Yake Property) is located approximately 850' east of U.S. 1, north of Denery
Lane, south of Allen Avenue, and immediately adjacent to the Intracoastal Waterway.
This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions.
The subject property contains 17.56 acres and is currently vacant with the exception of
heavy vegetation and a City lift station (southwest corner of the site). On January 6,
1999, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval
for an 82-unit townhouse development on the property, under the existing RM and RL
zoning designations. A condition of approval is that the property be platted prior to
issuance of a building permit. The associated plat is now before the Board. For a full
description of the background please refer to the site plan staff report.
The project involves the construction of 82 fee simple townhouse units to be knowrras
Estuary. Access to the site is from Palm Trail at the southern end, with a secondary
access from Royal Palm Boulevard, at the north end. The development proposal
involves the construction of eleven (11) 2-story townhouse structures with a guardhouse
and security gates at Palm Trail, a secondary gated entrance at Royal Palm, and an
emergency exit for fire apparatus at Palm Trail to the north of the property;
The plat consists of 82 individual lots, common tracts for open space recreation
facilities, 2 retention water bodies, conservation tracts and a private street tract. The
site plan approval included a bike path along the west side of the property to be located
between the property line, which is to be dedicated to the public. The bike path is to
connect with Palm Trail at the south end of the development.
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to 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 in the
application, the staff report, or minutes. Findings shall be made by the Board to
approve or deny the development application. These findings relate to the Future
Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance
with the Land Development Regulations.
P&Z Board Staff Report
Combined Preliminary/Final Plat for Estuary
Page 2
Positive findings with respect to the Future Land Use Map (Section 3.1.1(A)),
Concurrency (Section 3.1.1(B)), and Comprehensive Plan Consistency were made with
approval of the site plan on January 6, 1999, by SPRAB. The applicable Land
Development Regulations as they relate to this plat are discussed below.
SECTION 3.1.1 (C) - CONSISTENCY (STANDARDS FOR PLAT ACTIONS):
As described in Appendix A, a positive finding of consistency can be made as it relates
to Standards for Plat Actions, provided the bike path is extended from the southwest
corner of the site to Palm Trail on the south, and that a photometric plan is provided
which verifies that the development's site lighting complies with the City's site lighting
requirements (LDR Section 4.6.8).
SECTION 3.1.1 (D) COMPLIANCE WITH THE LAND DEVELOPMENT
REGULATIONS:
Section 4.3.3(O)(2)(Special Requirements for Townhouse Developments Plat
Required):
Each townhouse, or townhouse type, development shall be platted, with a minimum
designation of the interior street system as a tract. When the dwelling units are to be
sold, each unit must be shown on the plat. The plat proposal fulfills this requirement.
Section 5.3.1(D) Right-of-Way Dedication:
Per LDR Section 5.3.1(D) right-of-way dedications to meet minimum standards must be
made with all developments. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-
way width for Lake Trail (located along the west border) is 60' and only 30' currently
exists. A reduction in the required right-of-way width for an existing street may be
approved by the City Engineer upon a favorable recommendation from the
Development Services Management Group (DSMG) [REF: Section 5.3.1(D)(4)]. DSMG
was in favor of this reduction and the City Engineer waived the requirement to increase
the right-of-way.
Section 5.3.1(E)(Improvement Obligations):
Alleys:
Pursuant to LDR Section 5.3.1(E), when the street (alley) is located on a boundary of
the project, the project is responsible for providing one-half of the street improvement
for a local street (alley). The site is bordered on the north and south sides of the site
(west of Palm Trail) by 15' wide unimproved alleys. Pursuant to the above regulation,
half the cost of improving these alleys is required.
This item was also discussed by the DSMG. It was determined that the alleys in this
area would most likely not be improved in the future for access by automobiles.
Therefore, a waiver to the improvement obligation was recommended by SPRAB on
P&Z Board Staff Report
Combined Preliminary/Final Plat for Estuary
Page $ ....
January 6, 1999, and subsequently granted by the City Commission on January 19,
1999. It is noted that a condition of site plan approval is that the bike path proposed
along the west side of the development south of Royal Palm Boulevard be extended to
Palm Trail, which has not been indicated on the engineering plans. The engineering
plans must indicate this connection along the south side of the development, within the
15' wide alley right-of-way. This has been attached as a condition of approval.
Royal Palm Boulevard:
Palm Trail functions as a local road serving a residential neighborhood that is developed
at Iow and medium densities. While sufficient capacity exists to handle the additional
volume of traffic from this project, the project should have at least one other access
point both to mitigate the impacts on Palm Trail, and to divert a portion of the trips onto
the North Federal Highway business corridor. The development proposal includes a
secondary access point onto Royal Palm Boulevard, which is currently unimproved.
The City and CRA are willing to construct the road with financial participation from the
developer and property owners along Royal Palm Boulevard. A special assessment
district, which will divide the cost into four equal shares, will be created with the City,
CRA, adjacent property owners and the developer contributing ¼ of the costs. The
Engineering Department has estimated that the developer would contribute
approximately $25,350. The City is continuing to work on this item. At this time, it is not
appropriate to condition the approval on a specific contribution amount. However, it is
recommended that prior to issuance of a building permit, the developer's contributior~-for
the infrastructure costs for Royal Palm Boulevard be provided as agreed between the
City and the developer.
Section 6.1.2(B)(3)(Pavement Width):
Pursuant to LDR Section 6.1.2(B)(3), the required pavement width for a local street is
24'. The development proposal is to provide a pavement width of 22' throughout the
development and 24' where the parallel and back-out spaces are located. Pursuant to
LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the
approval of the Fire Marshal, the City Commission may authorize a reduction in the
minimum required width of paving if it is determined that the requirements of this
subsection would not be feasible or would constitute a hardship in a particular instance,
and provided this reduction would not endanger public safety and welfare.
The City Engineer and Fire Marshal reviewed the request to reduce the pavement width
from 24' to 22' and supported the reduction. The reduction was approved by the City
Commission on January 19, 1999.
Section 6.3.1 (B)(1)(Sidewalks):
Pursuant to LDR Section 6.3.1(B)(1), a 5' wide sidewalk is required on both sides of a
street. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk system will
not serve its intended purpose, the requirement for the sidewalks may be waived during
site plan approval.
P&Z Board Staff Report
Combined Preliminary/Final Plat for Estuary
Page 4
The applicant requested relief from the installation of the sidewalk on the side of the
street where no townhouse structures are located. As the sidewalk would not serve its
intended purpose in these areas and a sidewalk is provided on the opposite side of the
street, the SPRAB approved the request.
I
While the plat has accommodated many of the staff comments the following comments
are to be addressed prior to the scheduling of the plat for consideration by the City
Commission.
Plat Technical Comments:
1. Cross drainage easements are to be provided from the North, West, and South
perimeter of the property where inlets and culverts are provided to carry storm water
to the proposed lakes. Storm water flowage easements are to be provided from the
discharge drainage pipes in the lakes to the proposed intracoastal outfall.
Dedication statements and depiction of easements must be provided on the plat,
such that, storm water can legally be carried from offsite inlets through the Estuary
site to the point of discharge.
2. The lift station easement is to be dedicated as follows: "The lift station easement is
dedicated to the City of Delray Beach for access, construction, maintenance and
operation activities of the lift station." ~'
3. A sidewalk easement is to be dedicated over the proposed sidewalk located at the
perimeter of the plat that allows the public to legally enter upon and utilize the
proposed sidewalk. Provide dedication statements and depiction of easements on
the plat.
4. Certified engineer's cost estimate for sewer improvements may need to include the
cost of the lift station improvements. All roadway and drainage improvements,
including the perimeter sidewalk, made within the public rights-of-way should be
included in the cost estimate. Clearing, eatherwork, paving, sidewalk, curbing, and
roadway improvements made on-site should not be included in the estimate.
Contingency costs in line item quantities must be included and individual
contingency line items deleted. A developer's agreement, 110% surety, and 2%
engineering inspection fees must be provided.
5. Prior to issuance of a building permit, the developer's contribution for the
infrastructure costs for Royal Palm Boulevard shall be provided as agreed between
the City and the developer.
6. The plat will not be accepted for recordation until copies of the Seawall Permit and
HRS Permits for water and sewer are provided. No building permits will be issued
until the plat is recorded.
7. No landscaping is permitted to be planted in water, sewer, or drainage easements.
Revise landscape plans accordingly.
8. A photometric plan must provided to verify that the development's site lighting
complies with the City's site lighting requirements (LDR Section 4.6.8).
P&Z Board Staff Report
Combined Preliminary/Final Plat for Estuary
Page 5
En.qineerinq Plan Technical Comments:
1. Provide drainage calculations inclusive of off-site flow contribution in accordance
with SFWMD criteria.
2. The Utility Department is requesting that all water main be C-900 PVC.
3. Fire flow calculations indicate the required fire flow but do not indicate the flow
provided in the proposed water distribution system. Calculations must be revised
accordingly.
4. Provide detail of dock area.
5. Provide calculations indicating that lift station, wet well, pumps, and force main have
sufficient capacity.
The development proposal is not located in an area which requires review by the DDA
(Downtown Development Authority).
At its meeting of December 3, 1998, the CRA (Community Redevelopment Agency)
unanimously recommended approval of the project.
Courtesy Notice:
Courtesy notices have been sent to the following individuals and groups:
Alexa Mcgrady Fred Ebner
La Hacienda Association North Palm Trail
Stanley Milosky Alex Speer
Allen Avenue North Palm Trail Association
Frank J. Devine Kevin Hall
Beach Properties Owners Association Palm Trail
Kris Garrison, Town Manager Anthony Sierk
Town of Gulf Stream Palm Trail
The development proposal is to construct an 82 unit townhouse development. The
proposed density is consistent with the underlying land use classifications and
development pattern of the surrounding neighborhoods. Positive findings can be made
with regard to Concurrency and Comprehensive Plan consistency. The specific
findings regarding compatibility and special requirements for townhouse developments
required by LDR Sections 3.3.3, and Section 4.3.3(0) can be made. The plat and the
plat cover sheet require modifications listed under Technical Items yet can be easily
accommodated. Several technical items as they relate to engineering plans also need
P&Z Board Staff Report
Combined Preliminary/Final Plat for Estuary
Page 6 .....
to be addressed. Once the technical items are addressed the plat will be forwarded to
the City Commission.
A. Continue with direction.
B: Approve the preliminary plat for Estuary and certify the final plat based upon
positive findings with respect to Section 3.1.1, Section 3.3.3 and Objectives and
Policies of the Comprehensive Plan, subject to conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
D. Deny the preliminary plat and final plat with basis stated.
Approve the preliminary plat for Estuary and certify the final plat based upon positive
findings with respect to Section 3.1.1, Section 3.3.3 and Objectives and Policies of the
Comprehensive Plan, subject to the following conditions:
1. That all comments under the "Technical Items" section of the report be addressed
prior to scheduling the plat for City Commission action.
2. That the plans indicate the continuation of the bike path from the west side of the
development within the alley on the south side of the development to Palm Trail.
Attachments:
· Appendix A (Standards for Plat Actions)
· Approved Site Plan
· Proposed Plat
Adv/estuaryplat
A P P E N D I X A:: : /
J
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard - Additional information on site lighting must be provided to
determine if this standard has been met.
Does not meet intent
B. Separation of different forms of transportation shall be encouraged; This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-I and D-2 of the Transportation Element.
Not applicable
Meets intent of standard - Once the bike path has been extended to Palm Trail
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1
of the Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard X ~
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and'circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable
Meets intent of standard
Does not meet intent
i I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #g~-REGULAR MEETING OF SEPTEMBER 7~ 1999
FINAL PLAT APPROVAL & GRANT OF ACCESS EASEMENT/CONGRESS
COMMERCE CENTRE
DATE: SEPTEMBER 3, 1999
This is before the Commission to approve the final subdivision
plat for Congress Commerce Centre, a proposed industrial park to
be located at the southeast corner of Lake Ida Road and Congress
Avenue. The site contains 12.61 acres.
In conjunction with the final plat, approval is also requested
for the grant of a non-exclusive, perpetual easement over City-
owned property (the compound property on the south side of
Congress Avenue just west of the CSX railroad and 1-95) to
provide access onto Lake Ida Road from the Congress Commerce
Centre property. In return for granting the easement, the City
has been compensated in the amount of $2,250.
The project was approved by the Site Plan Review and Appearance
Board on April 29, 1998. A condition of approval was that a
subdivision plat be recorded prior to the issuance of any
building permits. Ail technical and staff comments have been
addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Congress
Commerce Centre and grant the associated access easement.
Ref:AGMEMO10.Congress Commerce Centre Plat/Access Easement
Agenda Item No.
AGENDA REQUEST
Date: Sept. 1, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: Sept. 7, 1999
Description of item (who, what, where, how much):Approval of the Plat
for Conqress Commerce Centre. Staff comments have been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Plat for Congress
Commerce Centre.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: /~/NOg~
Hold Until:k--~/~-~,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: tac-Congress Commerce Center
file:s/engadmin/tac/congress commerce center/ag090799.doc
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: Barron Caronite, PE, Asst. City Enginee~
DATE: September 1, 1999
SUBJECT: Congress Commerce Centre Plat
Please find the a agenda request for Commission approval of the plat for Congress
Commerce Centre attached. I have also enclosed a location map, and a reduced copy
of the plat. The site is located on the Southeast corner of the intersection of Lake Ida
Road and Congress Avenue. Site plan approval was granted on April 29, 1998 by the
Site Plan Review and Appearance Board. If this meets with your approval, please place
it on the September 7, 1999 Commission meeting for Commission approval.
File: $:/engadmin/tac/congress commerce center/agmemo090799.doc
cc: Randall Krejcarek, P.E., City Engineer
Scott Pape, Planning/Zoning
Paul Dorling, Planning/Zoning
TAC: Congress Commerce Center
e~,- ' ';~- ~ ......... ", "
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/ ...... ' - - _ L '
BEACH CONmESS COMMERCE
~~ CEN~E PLAT CONGCOMCN~
~~~~ LOCA~ON MAP 99-200
mo~
£1TV I)F DELRnq' BEI:I£H
CITY ATTORNEY'S OFFICE ~oo ~w ~ ^~.~. ~^¥ ~^~., ~o.~^ ~.~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ali. America City. MEMORANDUM
l'lJ'~....' DATE: September2, 1900
1993 TO: City Commission
FROM: Jay T. Jambeck, Assistant City Attorne~
SUBJECT: Access Easement for Congress Commerce Centre.
Attached is an access easement to be considered in conjunction with the platting
of the Congress Commerce Centre. The non-exclusive easement over the City's
property would provide the Centre with access in both directions on Lake Ida Road.
In return for granting a perpetual easement, the City has been compensated in the amount
of $2,250.
This office recommends that the easement be approved subject to the recording of
the Declaration of Covenants, Conditions, Restrictions, Limitations, and Easements
attached hereto.
Do not hesitate to contact me if you should have any questions. Please place this
item on the agenda for the September 7, 1999 City Commission meeting.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Paul Dorling, Principal Planner
Barron Caronite, Assistant City Engineer
Record & Return to:
Prepared by:
Jay T. Jambeck, Esquire
City Attorney's Office
200 N.W. I st Avenue
Delray Beach, Florida 33444
ACCESS EASEMENT
This Access Easement Agreement is made this __ day of ,1999, by and between
The City of Delray Beach, a Florida Municipal Corporation ("City"), with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444 and Congress Commerce Centre I Joint Venture and
Congress Commerce Centre II Joint Venture (collectively the "Owner"), with a mailing address of
c/o Finnish Granite, 1305 Poinsettia Drive, Bay 8, Delray Beach, Florida 33444:
BACKGROUND
City is the owner of a certain parcel of land described on Exhibit "A" attached hereto and
made a part hereof (the "Access Easement Parcel"), located in the city of Delray Beach, County of
Palm Beach, State of Florida. The Owner is the owner of certain parcels of land described on
Exhibit "B" attached hereto and made a part hereof (the "Congress Commerce Centre Property").
In order to satisfy requirements of the City of Delray Beach, and to effectuate a unified
scheme of common development it is necessary for the City to grant an access easement for
pedestrian and vehicular access across the City's property. Owner has agreed to pay the City two
thousand two hundred and fifty dollars ($2,250) for the right to the Access Easement over the Access
Easement Parcel.
GRANT OF EASEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Grant: The City hereby grants to the Owner, its successors, heirs, and assigns a
perpetual non-exclusive easement for ingress and egress to enter upon, across, and over the Access
Easement Parcel for the purpose of pedestrian and vehicular access to and from the Congress
Commerce Centre Property.
2. Recording; Transfer: This Access Easement shall be recorded by the Owner in the
Public Records of Palm Beach County, Florida. The easement granted herein shall nm with the land
perpetually, unless released as hereafter provided and shall not be transferred, assigned, sold or
otherwise conveyed except in conjunction with the transfer or sale of the Congress Commerce
Centre Property, or a portion thereof. At such time as the easement granted herein is no longer in
use for a period of one (1) year and no future use is contemplated or required by the Owner, its
successors or assigns, the City may notify the Owner, its successors or assigns that the easement may
be released of record by a written document executed by an authorized signatory of the City of
Delray Beach, Florida, providing that the result thereof shall not result in the Congress Commerce
Centre Property or any portion of it being landlocked or denied reasonable pedestrian or vehicular
access to any adjoining public streets or rights-of-way and further provided that no request is made
by Owner, its successors or assigns within thirty (30) days of receipt of such Notice, to extend the
duration of this easement.
3. Maintenance: The Owner and its successors and assigns as the owner(s) of the
Congress Commerce Centre Property shall be responsible for maintaining the Access Easement
Parcel. The obligation to maintain the Access Easement Parcel shall not allow the Owner to modify
the use, appearance or impair the condition of the improvements on the Access Easement Parcel
without the prior written consent of the City, which consent shall not be unreasonably withheld. All
repairs and maintenance activities shall use materials of like and similar quality and type of materials
as originally installed, and shall not change the grade or elevation of the surface of the area being
repaired without the non-performing party's prior written approval.
4. Self-Help: In the event the Owner fails to perform the maintenance obligations under
Paragraph 2 to the reasonable satisfaction of the City, the City may notify the Owner in writing. If
said repair or maintenance is not commenced within thirty (30) days following receipt of said written
notice or is not thereafter diligently pursued to completion in good faith, the City may, but shall not
be required to, fulfill the obligations of the defaulting party and all access rights necessary to fulfill
such obligations are hereby granted. If the City performs work required to be done by the Owner,
the City shall be entitled to receive from the Owner reimbursement for the reasonable, actual costs
of such maintenance or repair together with interest thereon at the rate of twelve percent (12%) per
annum from the date of delivery for items invoiced therefor until repaid in full.
5. Covenantal Maintenance Entity: The Owner has created or will create simultaneously
with the recording of this Access Easement by the execution and recording of a "Declaration of
Covenants, Conditions, Restrictions, Limitations and Easements for Congress Commerce Centre
Running with the Land" an unincorporated entity known as the Congress Commerce Center
Maintenance Committee, ("Committee") which instrument delegates to the Committee the
maintenance functions and responsibilities for the Congress Commerce Property. The parties
acknowledge that the Committee may discharge the maintenance obligations of the Owners under
this Access Easement, but the delegation of such authority by Owner to the Committee shall not
relieve the Owner of its responsibilities for such maintenance hereunder should the Committee fail
to perform Owner's obligations for such maintenance under paragraph # 3 of this Access Easement.
6. Indemnification: The Owner shall indemnify, defend, and hold the City, its agents,
employees and representatives harmless from any and all liability, damage, expense, causes of
action, suits, claims, or judgments arising fi'om personal injury, death or property damage occurring
on the Access Easement Parcel by individuals accessing the Congress Commerce Centre Property
or performing the obligations of Congress Commerce Centre Maintenance Committee, except for
any such liability, damage, expense, causes of action, suit, claims or judgments caused by or
2
resulting from the acts or negligence of the City, its successors and assigns or invitees.
7. Notices:
To Owner:
Congress Commerce Centre I Joint Venture, Florida Joint Venture
c/o Finnish Granite
1305 Poinsettia Drive, Bay # 8
Delray Beach, Florida 33444
Telephone: (561) 274-8010
Fax: (561) 274-8020
With a copy to:
Lloyd Granet, Esquire
Suite 100, West Building
1900 Northwest Corporate Boulevard
Boca Raton, Florida 33431
Telephone: (561) 999-9300
Fax: (561) 999-9400
To Owner:
Congress Commerce Centre II Joint Venture, Florida Joint Venture
c/o Finnish Granite
1305 Poinsettia Drive, Bay # 8
Delray Beach, Florida 33444
Telephone: (561) 274-8010
Fax: (561) 274-8020
With a copy to:
Lloyd Granet, Esquire
Suite 100, West Building
1900 Northwest Corporate Boulevard
Boca Raton, Florida 33431
Telephone: (561) 999-9300
Fax: (561) 999-9400
To City:
The City of Delray Beach, a Florida Municipal Corporation
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Telephone: (561) 243-7043
Fax: (561) 243-7221
With a copy to:
Jay T. Jambeck, Esquire
Assistant City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Telephone: (561) 243-7090
Fax: (561) 278-4755
8. Estoppel: Each party agrees to provide an Estoppel Certificate within ten (10)
business days of request of the other party confirming the continued existence of this easement and
the existence of any claims of uncured conditions of default. The Estoppel Certificate shall be
substantially in the form attached hereto as Exhibit "C" and shall be delivered within ten (10)
business days of the receipt of the request.
9. Successors: The rights and obligations contained herein shall run with the title to each
of the Tracts affected hereby and shall bind and inure to the benefit of the respective successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this easement as of the day and
year first above written.
ATTEST: The City of Delray Beach, a Florida Municipal
Corporation
City Clerk By:
Jay Alperin, Mayor
Approved as to Form:
City Attorney
ATTEST: Congress Commerce Centre I Joint Venture
a Florida Joint Venture
Witness: By: TS, Inc., a Florida Corporation
Print Name: General Partner
Witness: By:
Print Name: Tarik Saadetdin, President
By: TS II, Inc., a Florida Corporation
General Partner
By:
Tarik Saadetdin, Vice President
4
ATTEST: Congress Commerce Centre H Joint Venture
a Florida Joint Venture
Witness: By: TS, Inc., a Florida Corporation
Print Name: General Partner
By:
Tarik Saadetdin, President
Witness:
Print Name: By: TS II, Inc., a Florida Corporation
General Partner
By:
Tarik Saadetdin, Vice President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of ,1999 by
Tarik Saadetdin, the President of TS, Inc., a Florida Corporation and Vice President of TS II, Inc.,
a Florida Corporation, the sole General Parmers of Congress Commerce Centre I Joint Venture.
He 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 ,1999
by Tarik Saadetdin, the President of TS, Inc., a Florida Corporation and Vice President of TS II, Inc.,
a Florida Corporation, the sole General Partners of Congress Commerce Centre II Joint Venture.
He is personally known to me or ( ) has produced as
identification.
Signature of Notary Public-State of Florida
THIS IS NOT BOUNDARY SURVEY
EXHIBIT "A"
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN LOT ZO, BLOCK I, AS SHOWN ON THE PLAT OF
DELRAY SHORES, RECORDED IN PLAT BOOK Z4, PAGES 25Z AND 23:5, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 7,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 20; THENCE NORTH
60°43'50" WEST ALONG NORTHERLY LINE OF SAID LOT :~0, SAID LINE BEING
THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE IDA ROAD AS SHOWN ON SAID
PLAT OF DELRAY SHORES, A DISTANCE OF 195.51 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 18°41'02'' WEST, A DISTANCE OF 47.90 FEET;
THENCE NORTH 7PI8'58" WEST, A DISTANCE OF 38.00 FEET; THENCE NORTH
18°41'02" EAST, A DISTANCE OF 55.00 FEET TO A POINT ON SAID NORTHERLY
LINE OF LOT 20 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE IDA ROAD;
THENCE SOUTH 60°43'50" EAST ALONG SAID NORTHERLY LINE OF LOT 20 AND
THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE IDA ROAD, A DISTANCE OF 38.66
FEET TO THE POINT OF BEGINNING.
NOTE:
I. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE.
2. BEARINGS AS SHOWN HEREON ARE BASED ON THE NORTHERLY LINE OF LOT
:~0. 8LOCK I. DELRAY SHORES ALSO THE SOUTHERLY RIGHT-OF-WAY LINE OF
LAKE IDA ROAD. HAVING A PLATTED BEARING OF NORTH 60°45'50" WEST AND
ALL OTHER BEARINGS ARE RELATIVE THERETO.
LEGEND
P.O.B. · POINT OF BEGINNING
M.E. · MAINTENANCE EASEMENT
U.E. - UTILITY EASEMENT
D.E. · DRAINAGE EASEMENT
L~A~E. · LIMITED ACCESS EASEMENT
R. · RADIUS
L · ARC LENGTH
A · CURVE DELTA UNLESS THIS DOCUMENT BEARS THE SI. GNATURE AND THE ORIGINAL RAISED
R/W · RIGHT OF WAY
Ct. · CENTERLINE SEAL OF A FLORIDA UCENSED SUR%~'YOR AND MAPPER, THIS DRAWING, MAP,
P.B. - PLAT BOOK SKETCH OR PLAT IS FOR INFORMATION PURPOSES~ __/',,ONLY AN.~D.J,~OT VALID.
M. · MEASURED DATE: FEBRUARY 4. 1999
P. · PLAT
FNO. · FOUND CRAIC~. P
USEY
PROFESSIONN. SU .R~E_~R AND MAPPER
FLORIDA CERTIfiCATE'- NO. 5019
Landmark Surveying & Mapping Inc.
k ,.o Es, .,u. ,oo ACCESS EASEMENT
WEST PAUa BF.N~. FL 354O6
PHONE : (5~1) 433-,5405
La J4396 LOT 20, BLOCK I
./A L.B'SPOTT. ,'- 50' DELRAY SHORES
BOOK: N/A ~TC: FEB. 4. 1999 ~oi Fir 2402
P"~: N/A c~[cxrl~. C. PUSEY caooR~ 2402_AE SHEET NO. I OF 2 JJO8 NO. 97-L-Z40~
THIS IS NOT A BOUNDARY SURVEY
EXHIBIT "A" - Continuation
I
ACCESS EASEMENT I
~N / N 18e41'O:~"Et
18e41'O2"E ~u 74.19'
_~_ \ 55.00' /
~o9 \ I~~
~ 47.90' ~:'
z
S ,O'4I'O~"W
LOT ~0. BLOCK I
DELRAY SHORES I ~
PLAT BOOK ~4, PAGES ~3~ ~ ~33 ) I ~
IR
POINT OF COMMENCEMENT
NE. CORNER OF LOT ~0
BLOCK I, DELRAY SHORES
{ P.B. 24, PAGES ~52 & 255 )~ /~
88.55'
~ N 18' 41'O~"E
WESTERLY RIGHT-OF-WAY LINE S.A.L. RAILWAY AND
EASTERLY LINE OF LOT ~0, BLOCK I, DELRAY SHORES '
N 18~41'0~'' E
S.A.L. RAILWAY
~ndm~ Su~ing · Mopping Inc.
,~ r~ .,~ ~o. ~.,~ ,~ ACCESS EASEMENT
~ ~ LOT 20, BLOCK I
.Em: N/A ~: L. BISPOTT ~ I% ~0' DELRAY SHORES
~: N/A ~ FEB. ~. 1999 ~. ~ Z40Z
e~: N/A ~[~ C. PUS/Y ' ~ Z402~E I SHEET NO. 2 OF 2 lJOS NO.
I
Exhibit "B" Legal Description
PHASE ONE
A portion of Lot 20, Block 1, as shown on the Plat of Delray Shores, recorded in Plat Book 24, pages
232 and 233 of the Public Records of Palm Beach County, Florida, lying in Section 7, Township 46
South, Range 43 East, Palm Beach County, florida; being more particularly described as follows:
Commencing at the Southeast corner of said Lot 20; thence North 88°09'00" West, along the South
line of said Lot 20, a distance of 240.49 feet to the East line of the West 227.92 feet of the East
468.31 feet, as measured along the South Line of said Lot 20, Block 1; thence North 18°41 '02" East
parallel with said East line a distance of 481.28 feet to the Point of Beginning; thence continue North
18°41 '01" East a distance of 492.39 feet to the North line of said Lot 20 and the Southerly Right-of-
Way line of Lake Ida Road; thence north 60043'50" West, along said North line, a distance of 481.17
feet; thence South 68057'33" West, a distance of 38.48 feet to the Easterly Right-of-Way line of
Congress Avenue (S.R.807~ according to Official Record Book 4383, page 357, Public Records of Palm
Beach County, Florida; thence South 18°38"55" West, along said Right-of-Way line a distance of
612.72 feet;; thence, departing said Right-of-Way line, South 71 °21'05" East, a distance of 50.00
feet; thence North 35 °23'41 "East, a distance of 58.99 feet; thence South 71 o 18' 58" East, a distance
of 435.24 feet to a point in said East line of the West 227.82 feet of the east 468.31 Feet, as
measured along the South Line of said Lot 20, Block 1, and the Point of Beginning.
Phase Two
A portion of Lot 20, Block 1, as shown on the Plat of Delra¥ Shores, recorded in Plat Book 24, pages
232 and 233 of the Public Records of Palm Beach C"ounty, Florida, lying in Section 7, Township 46
South, Range 43 East, Palm Beach Count,/, Florida; being more particularly described as follows:
Commencing at. the Southeast corner of said Lot 20; thence North 88009'00'' West, along the South
line of said Lot 20, a distance of 240.49 feet to the East line of the West 227.82 feet of the East
468.31 feet, as measured along the South Line of said Lot 20, Block 1, and the Point of Beginning,
thence continue North 88009'00'' West, along said South line, a distance of 531.25 feet to the
Easterly Right-of-Way line of Congress Avenue (S.R. 807), as now laid out and in use, being a curve
concave to the Southeast, having a radius of 3766.80 feet, a central angle of 00°40'10", and the
tangent to said curve bears North 17°58'45" East at this point; thence northeasterly, along the arc
of said curve and Easterly Right-of-Way line of Congress Avenue, a distance of 44.00 feet; thence
North 18°29'53" East, along the tangent of said curve, a distance of 328.38 feet; thence South
71 °21'05" East a distance of 7.00 feet to the Easterly Right-of-Way line of Congress Avenue (S.R.
807), according to the Official Record Book 4383, pages 357 and 358, Public Records of Palm Beach
County, Florida, thence North 18038'53" East, along said East Right-of-Way line, a distance of 206.24
feet; thence Departing said Right-of-Way line, South 71 °21'04" East, a distance of 50.00 feet; thence
South 35°23'41" East, a distance of 58.99 feet; thence South 71 °18'58" East, a distance of 435.24
feet to the East line of the West 227.82 feet of the East 408.31 feet, as measured along the South
line of said Lot 20, Block 1; thence South 18°41'02" West, parallel with said East line, a distance of
481.28 feet to said South line of Lot 20, and the Point of beginning.
Exhibit "C"
Tenant Estoppel Certifica, te
To.'
From:
Re: Access Easement as Recorded in ORB , Page
Premises: Congress Commerce Centre Property
See Exhibit "A" Attached
Ladies and Gentlemen:
The undersigned, ("City"), ("Owner" or "Holder" of the City/Congress Commerce Centre
Maintenance Committee interest under the aforesaid Access Easement), hereby certifies as follows:
1. The Access Easement is currently in existence and has not been terminated
2. The undersigned hereby acknowledge that there are no uncured conditions of'defaults
on the Premises.
To our knowledge is not in default of its obligation
under the Agreement except as follows:
By:
Print Name:
Title:
Dated:
C:\wpdocs~congresscommerce\ts i&ii~nterstate~estoppel certificate.wpd
~9/02/1999 16:12 9999400 LLOYD GRANET PAGE 02
Exhibit "A~ Legal Description
To The Tenant Estoppel Certit.-'icate
PHASE ONE
A portion of Lot 20, Block 1, as shown on the Plat of Delray Shores, recorded iD Plat Book 24, pages
232 and 233 of the Public Records of Palm Beach County, Florida, lying in Se~:tion 7, Township 46
South, Range 43 East, Palm Beach County. florida; being more particularly described as follows:
Commencing at the Southeast comer of said Lot 20; thence North 88o09'00" West, slang the South
line of said Lot 20, a distance of 240.49 feet to the East line of the West 227.92 feet of the East
46~.31 feet, as measured along the South Line of said Lot 20, Block 1; thence North 18°41 '02" East
parallel with said East line a distance of 481.28 feet to the Point of Beginning; thence continue North
18°41 '01 ' East a distance of 492.39 feat to the North line at said Lot 20 and the Southerly Right-of-
Wav line of Lake Ida Road; thence norl;h 600¢3'50- West, along said North line, a distance of 481.17
feet; thence South 68°57'33" West, a distance of 38.48 feet to the Easterly Right-of-Way line of
Congress Avenue (S.R.B07) according to Official Record Book 4383. page 357, Public Records of Palm
Beach County, Florida; thence South 18°38'5B" West, along said Right-of-Way line a distance of
612.72 feet;; thence, departing said Right-of-Way line, South 71 °21 '01~" East, a distance of 50.00
feetl thence North 35 °23'41 'East, a distance of 58.99 feet; thence South 71 ° 1 8' 58" East. a distance
of 435.24 feet to a point in said East line of the West 227.82 feet of the east 468.31 Feet. as
measured along the South Line of said Lot 20, Block ~, and the Point of Beginning.
Phase Two
A portion of Lot 20, Block 1, as shown on the Plat of Delray Shores, recorded in Plat Book 2~, pages
232 and 233 of the Public Records of Palm Beach Cbunty, Florida, lying in Section 7, Township 46
South, Range 43 East, Palm Beach County,. Florida; being more particularly described as follows:
Com~encing at the Southeast comer of said Lot 20; thence North 88009'00" West, along the South
line of said Lot 20, a distance of 240.49 feet to the East line of the West 227.82 feet of the East
488.31 feet, as measured along the South Line of said Lot 20, Block 1, and the Point of Beginning,
thence continue North 86009'00" West, along said South line, a distance of 531.25 feet to the
Easterly Right-of-Way line of Congress Avenue ($,R. 807), as now laid out and in use, b. eing a curve
concave to the Southeast, having a radius of 3766.80 feet, a central angle of 00°40'10', and the
tangent to said curve bears North 170S8'45' East at this point; thence northeasteHy, along the arc
of said curve and Easterly Right-of-Way line of Congress Avenue,- a distance of 44.00 feet; thence
North 18029'53" East, along the tangent o~" said curve, a distance of :328.38 feet; thence Emuth
71 °21'0!S' East a distance of 7.00 feet to the Easterly Right-of-Way line of Congress Avenue (S.R.
8071, according to the Official Record Book 4383, pages 357 and :358. Public Records of Palm Beach
County. Florida, thence North 18°38'$3" East, along said East Right-of-Way line, a distance of 208.24 .
feet; thence Departing said Right-of-Way line, South 71 °21 '04~ East, a distance of 50.00 feet; thence
South 3!S°23'41 ' East. a distance of 58.99 feet; thence South 71 °18'.58" East, a distance of 435.24
feet to the East line of the West 227.82 feet of the East 468.31 feet, as measured along the South
line of said Lot 20, Block 1; thence South 18°41'02" West, parallel with said East line, a distance of
481.2B feet to said South line of Lot 20, and the Point of beginning.
09/02/99 THU 16:18 [TX/RX NO 6061]
This Document was prepared by:
Lloyd Granet, Esquire
1900 NW Corporate Boulevard
Suite 100- West Building
Boca Raton, Florida 33431
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, LIMITATIONS
AND EASEMENTS FOR CONGRESS COMMERCE CENTRE
RUNNING WITH THE LAND
Know all men by these presence that;
WHEREAS, Congress Commerce Centre I Joint Venture, a Florida Joint Venture and
Congress Commerce Centre II Joint Venture, a Florida Joint Venture ("Declarant") are the
owners of that certain real property located, being and situate in the City of Delray Beach, County
of Palm Beach, more particularly described on Exhibit "A" attached hereto; and
WHEREAS, said real property is simultaneously herewith being platted as Congress
Commerce Centre containing platted Lots identified as "Tract I", "Tract II", or "Tract A", "Tract
B" and "Tract C" (jointly and severally, hereafter referred to as "Tracts A, B and C"); and,
WHEREAS, Declarant desires to establish a system of unified maintenance and upkeep of
Tract I and Tract II and to provide certain "cross over" easements by and between Tract I, Tract
H and Tracts A, B and C.
NOW THEREFORE, Declarant does herewith reserve, declare and create this
Declaration of Covenants, Conditions, Restrictions, Limitations and Easements Running With The
Land; in accordance with the following:
GENERAL PROVISIONS
1. The foregoing recitals are true.
2. It is the intention of the Declarant that this Declaration shall and by these presents does
among other things provide for a system of unified control of the maintenance of Common
Areas hereinafter defined, and perimeter landscaping, common access points and ways and
any storm and rainwater drainage system which may be created and erected upon the
lands.
3. The owners of Tract I and Tract II shall each be equally obligated to pay the costs and
Page I
expenses ("Common Expenses"), of operating, maintenance repair and replacement
(hereinafter collectively "Maintenance") of the Common Areas hereinafter defined and of
the perimeter landscaping, common access points and ways, and any storm and rain water
drainage system which may be established upon Tract I and/or Tract II and any of Tracts
A, B and C as may be respectively found thereon.
4. There is hereby established an unincorporated entity to be known as The Congress
Commerce Centre Maintenance Committee (hereinafter the "Committee") which shall
have the power and authority to see to the unified Maintenance herein required. The
Committee shall have the authority to and shall provide for the said Maintenance.
5. The owner of Tract I and Tract II shall each appoint one member to the Committee which
member shall serve at the pleasure to the appointing owner. The Committee shall have the
authority and obligation to plan for and execute the unified Maintenance as provided for in
this Declaration, to establish a budget therefore, and to assess Tract I and Tract II in equal
amounts of the Common Expenses.
6. In the event the two members of the Committee shall not agree, they shall appoint a third
member to join with them for the purpose of settling and determining any matter, which
appointee's decision may be restricted to the matters which are not agreed. A majority of
the members may approve any matters within the powers and authority of the Committee.
If the two members of the Committee shall not agree on the third member, either of them
may apply to a court of competent jurisdiction for the appointment of a third member,
who shall serve as the court shall direct or in the absence of such direction, until the third
member shall resign or refuse or be unable to discharge his duties as a member of the
Committee or be dismissed on not less then fifteen (15) days advance written notice given
by the two (2) other members of the Committee.
7. Said third member shall be an architect, engineer or contractor licensed to and doing
business in the State of Florida, Palm Beach Cout~ty, and may be paid a fee which shall be
treated as part of the Common Expense. Unless otherwise agreed to by the owners of
Tract I and Tract II, their appointees to the Committee, (the two members of the
Committee) shall serve without fee. Any expenses that they may incur in the discharge of
their duties and obligations hereunder may be reimbursed and treated as Common
Expense. The Committee shall from time to time propose and adopt annual budgets for
the cost and expenses of discharging its duties hereunder (the "Common Expense") and
shall assess Tracts I and II equally for the amounts of the Common Expense based upon
said budgets. The Committee shall establish the period in which assessments shall be paid
which shall in no event be less frequently then semi-annually.
8. In the event that any assessment of Common Expense or installment thereof shall not be
paid within thirty days of its due date, then the Committee acting through any one member
shall have the power to execute and record among the public records of Palm Beach
County, Florida, a Claim of Lien which shall take force and effect from the date of its
recording, to secure payment of the assessments, and which when recorded shall
Page 2
4"
constitute a lien against the Tracts bom which the assessment is due (the "Claim of Lien").
The Claim of Lien shall be valid for a period of one year from the date of its recording
unless prior to expiration of that year them shall be commenced an action to foreclose or
collect upon said lien or otherwise to collect the unpaid assessments. Such liens shall in
any and all events be subordinate and inferior to the lien and operation of any institutional
first mortgage which shall encumber the Tract, which mortgage is recorded prior to the
recording of such Claim of Lien. The Claim of Lien shall secure not only the unpaid
assessments then due upon the execution of the Claim of Lien, but assessments coming
due thereafter which are unpaid in respect of the Tract for which the lien is filed, interest
thereon at the prevailing legal rate of interest on judgments and the costs of enforcement
of the lien including but not limited to reasonable attorneys fees. The Claim of Lien shall
be executed in the name of the Committee and/or owner or occupant of a Tract advancing
the funds for such other Tract's unpaid assessments. The claimants name(s) and
address(s) shall be shown. The Tract encumbered shall be described and the amount of
unpaid assessments claimed and delinquent at the time of the execution of the Claim of
Lien shall be reflected. The amounts of any late charges or interest need not be reflected.
The Claim of Lien then established may be enforced by foreclosure or such other remedy
as the law may permit. However, no action shall be filed in any court sooner than 30 days
at, er a notice of intention to enforce the lien together with a copy of the recorded Claim of
Lien, shall have been served by certified mail or registered mail, return receipt requested,
upon the Owner of the Tract against which the lien was filed, at the last known or best
address for that Owner that the claimant can establish after diligent inquiry.
9. For the purpose of this declaration, the "Common Areas" shall include: (a) the common
access points (entrance ways) which provide access directly or individually to either of the
Tracts from Lake Ida Road and/or Congress Avenue whether or not pan of the property
platted as Congress Commerce Centre; and (b) the principal driveways, ways, access
ways, and the parking, reflected on Exhibit "B" attached hereto. The driveways, entrance
ways, ways and access ways and abutting parking which are marked with "cross-hatching"
on Exhibit "B" shall not be substantially modified, vacated or terminated without the
consent of the owners of both Tract I and Tract II, and may not be modified, vacated or
terminated if the result is that either Tract becomes "land locked" and thus denied
pedestrian or vehicular access to and from Lake Ida Road and Congress Avenue; such
other walkways and driveways, as may be provided from time to time; and such other
portions of the property which are not improved by the construction thereon of enclosed
structures as the owners of Tract I and Tract II shall from time to time jointly designate as
Common Areas.
EASEMENT PROVISIONS
10. There are hereby reserved, declared and otherwise created non-exclusive easements for
pedestrian and vehicular ingress and egress over and upon the walkways, pathways,
driveways and access ways from time to time provided upon both Tract I and Tract II
which easements shall be for the benefit of the owners of Tracts I and II, their tenants and
business invitees and each of their officers, employees and agents and the public
Page 3
authorities in the lawful exercise of the police power, and shall run with the land. For the
purpose of this declaration the walkways, pathways, driveways, and access ways provided
from time to time on the two Tracts may be moved and modified by the owner of the
Tract upon which they exist except for those reflected on Exhibit "B" attached hereto, and
marked with "cross-hatching", which shall be subject to the limitations and requirements
set forth in paragraph 9 above.
11. In order to satisfy the requirements of the City of Delray Beach, Florida, which requires
that there be permanent pedestrian and vehicular access to and from both Tract I and
Tract II to and from the public ways, and therefore easements over and upon both Tract
and Tract II to permit that access, the easements created herein and incorporated into any
Plat approved by the City of Delray Beach for the development of Congress Commerce
Centre shall not be terminated, vacated or modified without the permission of the City of
Delray Beach, executed by an authorized signatory of the City of Delray Beach, Florida.
DURATION AND AMENDMENT
12. The covenants, conditions, restrictions, limitations and easements herein created and
provided shall run with the land in perpetuity unless sooner limited, terminated or modified
by the requirements of applicable law or in the following manner: The General Provisions
(paragraphs 1 through 9) may be modified and amended at any time by the owners of both
Tract I and Tract II with the consent of the City of Delray Beach, evidenced by an
instrument in writing executed by them and recorded among the Public Records of Palm
Beach, County. The easements herein declared and created are the same easements
referred to in the dedication portion of the Plat. They may be modified, terminated or
vacated only in accordance with the applicable provisions of paragraphs 9, 10 and 11. The
right and obligations hereunder shall run with the title to each Tract and shall bind and
inure to each owner thereof, their successors and/or assigns.
IN WITNESS WHEREOF, DECLARANT HAS CAUSED THESE PRESENTS TO
BE EXECUTED BY ITS DULY AUTHORIZED OFFICERS THIS DAY OF
1999.
Signed sealed and delivered in the
presence of: Congress Commerce Centre I Joint Venture
a Florida Joint Venture
Witness: By: TS, Inc., a Florida Corporation
General Partner
By:.
Witness: Tarik Saadentdin, President
By: TS II, Inc., a Florida Corporation
General Partner
By:
Tarik Saadentdin, Vice President
Page 4
Congress Commerce Centre H Joint Venture
a Florida Joint Venture
Witness: By: TS, Inc., a Florida Corporation
General Partner
By:
Witness: Tarik Saadentdin, President
By: TS II, Inc., a Florida Corporation
General Partner
By:
Tafik Saadentdin, Vice President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of ,1999 by
Tarik Saadentdin, the President of TS, Inc., a Florida Corporation and Vice President of TS II,
Inc., a Florida Corporation, the sole General Partners of Congress Commerce Centre I Joint
Venture. He is personally known to me or ( ) has produced
as identification.
Signature of Notary Public-State of Florida
Name Typed, Printed or Stamped
Serial Number, if any
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of ,1999 by
Tadk Saadentdin, the President of TS, Inc., a Florida Corporation and Vice President of TS II,
Inc., a Florida Corporation, the sole General Partners of Congress Commerce Centre H Joint
Venture. He is personally known to me or ( ) has produced
as identification.
Signature of Notary Public-State of Florida
Name Typed, Printed or Stamped
(Seal)
Serial Number, if any
C:\wpdocs~congresscommerce\ts i&ii~interstatehnemo 4.wlxl
Page 5
Exhibit "A' Legal Description
PHASE ONE
A portion of Lot 20, Block 1, as shown on the Plat of Delray Shores, recorded in Plat Book 24, pages
232 and 233 of the Public Records of Palm Beach County, Florida, lying in Section 7, Township 46
South, Range 43 East, Palm Beach County, florida; being more particularly described as follows:
Commencing at the Southeast corner of said Lot 20; thence North 88°09'00" West, along the South
line of said Lot 20, a distance of 240.49 feet to the East line of the West 227.92 feet of the East
468.31 feet, as measured along the South Line of said Lot 20, Block 1; thence North 18°41 '02" East
parallel with said East line a distance of 481.28 feet to the Point of Beginning; thence continue North
18°41 '01" East a distance of 492.39 feet to the North line of said Lot 20 and the Southerly Right-of-
Way line of Lake Ida Road; thence north 60043'50" West, along said North line, a distance of 481.17
feet; thence South 68°57'33" West, a distance of 38.48 feet to the Easterly Right-of-Way line of
Congress Avenue {S.R.807) according to Official Record Rook 4383, page 357, Public Records of Palm
Beach County, Florida; thence South 18038"55" West, along said Right-of-Way line a distance of
612.72 feet;; thence, departing said Right-of-Way line, South 71 °21'05" East, a distance of 50.00
feet; thence North 35°23'41 "East, a distance of 58.99 feet; thence South 71 °18'58" East, a distance
of 435.24 feet to a point in said East line of the West 227.82 feet of the east 468.31 Feet, as
measured along the South Line of said Lot 20, Block 1, and the Point of Beginning.
Phase Two
A portion of Lot 20, Block 1, as shown on the Plat of Delray Shores, recorded in Plat Book 24, pages
232 and 233 of the Public Records of Palm Beach County, Florida, lying in Section 7, Township 46
South, Range 43 East, Palm Beach County, Florida; being more particularly described as follows:
Commencing at the Southeast corner of said Lot 20; thence North 88009'00'' West, along the South
· line of said Lot 20, a distance of 240.49 feet to the East line of the West 227.82 feet of the East
468.31' feet, as measured along the South Line of said Lot 20, Block 1, and the Point of Beginning,
thence continue North 88009'00" West, along said South line, a distance of 531.25 feet to the
Easterly Right-of-Way line of Congress Avenue (S.R. 807), as now laid out and in use, being a curve
concave to the Southeast, having a radius of 3766.80 feet, a central angle of 00°40'10", and the
tangent to said curve bears North 17°58'45" East at this point; thence northeasterly, along the arc
of said curve and Easterly Right-of-Way line of Congress Avenue, a distance of 44.00 feet; thence
North 18029'53'' East, along the tangent of said curve, a distance of 328.38 feet; thence South
71 °21'05" East a distance of 7.00 feet to the Easterly Right-of-Way line of Congress Avenue (S.R.
807), according to the Official Record Book 4383, pages 357 and 358, Public Records of Palm Beach
County, Florida, thence North 18038'53" East, along said East Right-of-Way line, a distance of 206.24
feet; thence Departing said Right-of-Way line, South 71 °21 '04" East, a distance of 50.00 feet; thence
South 35°23'41" East, a distance of 58.99 feet; thence South 71 °18'58" East, a distance of 435.24
feet to the East line of the West 227.82 feet of the East 468.31 feet, as measured along the South
line of said Lot 20, Block 1; thence South 18°41'02" West, parallel with said East line, a distance of
481.28 feet to said South line of Lot 20, and the Point of beginning.
TO: City Manager DATE: 8/3/99
FROM: Alison Harty
SUBJ: Final Plat/Congress Commerce Centre
Please remove Item 8.B. (Final Plat
Approval for Congress Commerce Centre)
from tonight's agenda, per the City
Attorney.
I just spoke with Susan; apparently,
Paul Dorling feels we should have a
finalized easement agreement to go
along with the plat prior to approval.
It should be ready for the August 17th
meeting.
.,.~n O
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: April 29, 1998
AGENDA ITEM: V.B.
ITEM: Class V Site Plan, Landscape Plan and Building Elevations for
Congress Commerce Centre, a Proposed Industrial Park, Located at
the Southeast Corner of Congress Avenue and Lake Ida Road.
GENERAL DATA:
Owner ............................. Lennar Northeast I Limited
Partnership
Applicant ......................... K.H. Trading Company, Inc. - ,
Agent .............................. Lindsey Walter
Kilday & Associates, Inc.
Location .......................... Southeast corner of Congress
Ave. & Lake Ida Rd.
Property Size .................. 12.61 acres
Future Land Use Map ..... Commerce
Current Zoning ................ PCC (Planned Commerce Center)
Adjacent Zoning .... North: PCC
East: CF (Community Facilities) &
PCC
South: MIC (Mixed Industrial and ....
Commercial)
West: PC (Planned Commercial) & RM-
8 (Medium Density Residential - 8
du/ac)
Existing Land Use ........... Vacant
Proposed Land Use ........ Construction of a 160,200 sq.ft.
industrial park consisting .of 4
buildings and associated parking,
loading and landscape areas.
Water Service ................. Available via installation of 8"
water mains on site which will
connect to the existing 20' water
main on the south side of Lake
Ida Road, and the 8" main along
the west side of Congress
Avenue.
Sewer Service ................. Available via installation of 8"
sewer mains on site which will
gravity flow northward to a ~
proposed lift station with a
4"
force main connecting to an
existing 14" force main along
Lake Ida Road. N
V.B.
The action before the Board is that of approval of the following aspects of a
Class V site plan for Congress Commerce Centre, pursuant to LDR Section
2.4.5(F)(5):
Q site plan;
El landscape plan; and,
r3 building elevations
The subject property is located at the southeast corner of Congress Avenue and
Lake Ida Road.
The subject property is a vacant unplatted parcel of land containing 12.61 acres. The property
has an extensive land use history. The following is the most recent land use action to occur
regarding the property.
At its meeting of November 17, 1997, the Planning and Zoning Board approved the Master
Development Plan for Congress Commerce Centre (fka Congress Business Park) a proposed
Light Industrial/Service Industry industrial park comprising 163,125 square feet, subject to the
following conditions:
1. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the
Land Development Regulations and to address the "Technical Items" and conditions of
approval listed in the Staff Report;
2. That prior to issuance of a Certificate of Occupancy for the first building constructed, the
installation of the perimeter landscape buffers must be completed;
3. That the right turn lane along Congress Avenue be designed and installed to comply with
Palm Beach County Traffic Division Standards, prior to issuance of a Certificate of
Occupancy for the first building;
4. That the permitted uses be those that are light industrial and service oriented in nature,
and if any uses which would generate greater traffic volumes (i.e. retail) are proposed for
occupancy, a new traffic study must be submitted and approved; and,
5. That prior to issuance of any building permits, the subdivision plat must be recorded.
The full site plan application is now before the Board for action.
The approved Master Development Plan indicated a single phase project comprised of five (5)
buildings totaling 163,125 sq.ft, with 43,400 sq.ft, of service industry with no retail, and
119,725 sq.ft, of light industrial. The current development proposal is a 2-phased project
consisting of the following:
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 2
El Phase I: Construction of a one-story 26,000 sq.ft. Service Industry building (Bldg. 1) and a
one-story 50,400 sq.ft. Light Industrial building (Bldg. 2) along with the installation of the
primary access driveways; 190 parking spaces; associated landscaping adjacent to the
development area as well as perimeter landscaping throughout the site; installation of
loading and dumpster areas internal to the site (between the buildings); a driveway
connection at the northeast corner of the site to the City-owned property to the east to
provide access to the median opening on Lake Ida Road; and, installation of a right turn
lane into the site from Congress Avenue.
~ Phase Ih Construction of a one-story 44,200 sq.ft, building consisting of 17,400 sq.ft, of
Service Industry and 26,800 sq.ft, of Light Industrial (Bldg. 3), and a one-story 39,600 sq.ft.
Light Industrial building (Bldg. 4) along with the installation of 158 additional parking
spaces, associated landscaping, and a centrally located loading and dumpster area
between the buildings.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
Items identified in the Land Development Regulations shall specifically be addressed
by the body taking final action on the site and development application/request.
LDR Section 4.4.18(D)(PCC - Development Regulations):
This section establishes minimum standards for the PCC zone district. Waivers and
variances to these standards may be approved by the Planning and Zoning Board
concurrent and as part of the approval of a Master Development Plan (MDP). When
considering a MDP in any Planned Commerce Center (PCC) development proposal, the
Planning and Zoning Board may attach suitable conditions, safeguards, and
stipulations to address the specific characteristics of the site and potential impacts of
the proposed development.
LDR Section 4.4.18(D)(l)(Starldards Pertaining to Allocation of Uses)
Pursuant to LDR Section 4.4.18(D)(1)(b), the Light Industrial component of the PCC shall
not encompass more than 50% of the total land area. LDR Section 4.4.18(D)(1)(c) states
that the Service Industry component shall not encompass more than 25% of the total
land area within the PCC.
With the Planning and Zoning Board's approval of the Master Development Plan on November
17, 1997, waivers to the PCC development standards were granted which relate to increasing
the 50% site area limitation on Light Industrial uses to 70%, as well as the Service Industry
area from 25% to 30%.
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 3
LDR Section 4.4.18(D)(2) (Standards Unique to the PCC District)
a) Minimum Parcel/Lot Size
Pursuant to LDR Section 4.4.18(D)(2)(a), a PCC, in total, must be comprised of at least
t0 acres of land prior to computation of area required for public dedication purposes.
Any use area within the PCC must have a minimum lot area of one acre, exclusive of
land dedicated for public purposes.
The subject property is comprised of 12.61 acres, with 3.78 acres devoted to service industry
and 8.83 acres devoted to light industrial. Thus, the above requirements have been
exceeded.
b) Minimum Floor Area
Pursuant to LDR Section 4.4.18(D)(2)(b), tenant space for uses in the light industrial
designation must have a minimum 3,000 sq.ft, while research and development and
service industry use areas must have a minimum of 1,000 sq.ft, per tenant.
Floor plans have been provided for Buildings 1 and 2. Building 1 is designated as Service
Industry and Building 2 is designated as Light Industrial. The plans indicate the Service
Industry bays will have a minimum 1,000 sq.ft, of floor area. The plans also indicate that 25%
of each bay will be utilized for retail use, which is permitted in Service Industry component as
an accessory use to the Service Industry. Each bay within the Light Industrial component will
be provided with at least 5,000 sq.ft, which exceeds the minimum 3,000 sq.ft, requirement. It
is noted however, the floor plans indicate that 25% of the total floor area of the Light Industrial
building will be utilized as retail. As retail sales are not permitted in the Light Industrial
component of the PCC zone district, the floor plans must be modified accordingly to eliminate
the retail component, which has been attached as a condition of approval.
~) Lot Coverage & Open Space
Lot Coverage: A structure can occupy a maximum of 50% of an individual lot.
The proposed structures occupy 29% of the lot. If the subdivision plat provides individual
parcels/lots for structures, this requirement will be revisited.
Open Space: the land area equal to, at least 25% of the area included within the
perimeter boundary of a MDP shall be in open space. Landscape areas required to
meet parking lot design requirements, and paved areas shall not be included in the
meeting of this 25% open space requirement.
With the master development plan approval the Planning and Zoning Board granted a waiver
to this requirement and allowed the entire site to be counted toward meeting the minimum
25% open space requirement. The basis for relief related to the relatively small size of the
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 4
site, its rectangular configuration, and that perimeter setbacks were exceeded for portions of
the landscape strips adjacent to Congress Avenue and Lake Ida Road.
While the site data indicates that 25% open space has been provided, the calculations include
some impervious areas, therefore the development proposal does not meet the open space
requirement. The retail use in the Service Industry component required the installation of
additional parking at the northwest corner of the site. This parking area had previously been
counted as open space. When the plans are modified to provide the required 25% open
space, the additional open space should be provided along the roadways to benefit the public.
d) Perimeter Develo_~ment
A landscape boundary shall be provided around each PCC. Parking, structures,
perimeter roadways, and other paving is not permitted within the peripheral greenbelt
except for bicycle paths, sidewalks, jogging trails, and driveways or access streets
which provide ingress and egress for traffic and which are generally perpendicular to
the greenbelt. The width of the greenbelt shall be as follows:
· Absolute minimum 25 feet
· When adjacent to a collector or arterial street 30 feet
· When abutting residentially zoned property 40 feet
· When adjacent to but separated from residentially 25 feet
zoned property by a street, waterway, alley, railway or park
The proposal provides a minimum 30' wide landscape buffer along both Congress Avenue and
Lake Ida Road. With the master development plan approval, the Planning and Zoning Board
granted a waiver to reduce the required 25' landscape buffer to 10' along the east and south
sides of the property.
The waiver request was justifiable due to the fact that said property lines abut a canal right-of-
way, an FPL substation and a City maintenance facility. Additionally, the east property line is
barely visible due to its close proximity to the 1-95/Lake Ida Road overpass. The building
setbacks will be 90' from the north property line, 100' from the west property line, 64' from the
east property line and 44' from the south property line, which exceed normal building setback
requirements. While a 10' landscape area is proposed along the south property line, the 10'
area abuts the northern part of a 35' wide Lake Worth Drainage District easement, which in
essence provides for a 45' wide open area.
While the waiver was supported, the timing of the installation of the entire perimeter landscape
buffer was a concern. Normally, the installation of associated landscape buffers prior to
completion of a project is not a concern. However, since the proposal consisted of 5 separate
buildings (current proposal provides 4 buildings) located at a major intersection, the Board
agreed with staff that it is appropriate to require the installation of the perimeter landscape
buffer prior to issuance of a Certificate of Occupancy for the first building constructed.
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 5
The installation of landscaping adjacent to vacant portions of the property also fulfills Future
Land Use Element Policy C-1.5 which states that the City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial roadways in order to provide a better
image of the community which includes owners of vacant property providing a landscaped
appearance of their properties. Special landscape setback requirements are discussed under
Base District Regulations.
.e_) Setback Requirements
Building setback requirements shall be established as part of the MDP. Minimal
setback requirements shall be the rule provided that: landscaping standards between
buildings and perimeter boundaries are maintained; and sight distance with respect to
vehicular movements is adequate.
The building setbacks will be 90' from the north property line, 100' from the west property line,
64' from the east property line, and 44' from the south property line, which exceed normal
building setback requirements. Sight distance is adequate and landscaping will be provided
between buildings. Thus, this requirement has been met. Special building setback
requirements are discussed under Base District Regulations.
LDR Section 4,4.18(E) (Supplemental District Ree_ulations)
Overhead Doors
Pursuant to LDR section 4.4.18(E)(2) (Overhead Doors), overhead doors are prohibited
from facing an adjacent public right-of-way with the exception of the right-of-way 1-95.
The overhead doors will face a centrally located loading area within the development which
will be enclosed by the buildings and therefore will not face a public right-of-way. However, as
this is a two-phased development with the north half to be constructed with Phase I, the
loading area will be visible from Congress Avenue. While the perimeter landscape buffer will
be installed with Phase I, it will not be adequate to screen this loading area. Thus, staff
recommends that a landscape buffer consisting of a hedge and trees be provided on the south
side of the east/west access driveway.
Underproundinu_ of Utilities
Pursuant to LDR Section 4.4.18(E)(3)(Undergrounding of Utilities), within the boundary
of a PCC, all utilities, including telephone, television cable, and electrical systems shall
be installed under ground. Appurtenances to utility systems which are normally
located above ground are exempted from the undergrounding requirement; however,
when located above ground the shall be screened in manner approved by the Site Plan
Review and Appearance Board.
The plans indicate that all utilities will be placed underground.
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 6
LDR Section 4.4.18(F) (Special Requirements/Regulations):
(1) The property within the proposed PCC designation shall be under unified control (an
individual, partnership, joint venture or corporation; or group of individuals,
partnerships, or corporations). Any rezoning, master development plan, or site plan
request shall include legal documents, acceptable to the City Attorney, which constitute
evidence of unified control of the entire area within a proposed PCC.
(2) The applicant must be able to bind the entire area within a proposed PCC to the
terms, conditions, uses, and site development plan as approved in the Master
Development Plan.
The applicant has stated that the developer/contract purchaser of the proposed Planned
Commerce Center intends to lease space to prospective tenants. They will also be hiring a
professional property manager/leasing company to handle the maintenance of all buildings,
common areas, and common area improvements including but not limited to, the following:
a) stormwater drains and detention facilities, drainage systems, retention facilities and
subsurface drainage serving the property;
b) parking areas, sidewalks and walkways;
c) driveways and roadways, providing access to, across and around the parking areas;
d) free-standing outdoor lighting fixtures, traffic and directional signs and marking and striping
of parking areas;
e) underground sewer, gas, electrical, water, telephone, irrigation, and other utility mains,
lines and facilities; and,
f) landscaping and retaining walls.
Given the above, the required documentation is not necessary. However, if the plat includes
individual lots or parcels, documentation as described in LDR Section 4.418(F)(1) and (2) must
be provided.
LDR Section 4.3.4 (Base District Regulations):
Special Landscape Setbacks
Pursuant to LDR Section 4.3.4(H)(6)(b), a 30' landscape setback must be provided along
Congress Avenue, as the property is over 300 feet in depth. The proposal provides the
required 30' landscape setback.
Special Building Setback8
Pursuant to LDR Section 4.3.4(H)(6)(a), along the combination of N.E. 4th Street and Lake Ida
Road, a 64' setback shall be provided from both sides of the center line of the road. As
previously stated, the buildings adjacent to Lake Ida Road will be set back a minimum 90' from
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 7
the north property line, resulting in a total setback from the center line of Lake Ida Road of
approximately 160'.
Building Height
Pursuant to LDR Section 4.3.4(K) (Development Standards Matrix), within the PCC zone
district, the maximum building height is 48 feet. Building 1 (Service Industry) will be 24' in
height and Building 2 (Light Industrial) will be 32'. Building elevations for Buildings 3 and 4
have not been submitted. It is anticipated that Building 3 will be consistent with Building 1 and
Building 4 will be consistent with Building 2.
LDR Chapter 4.6 Supplementary_ District Regulations:
Parking
Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly,
attendant offices) shall provide parking at a rate of 3 spaces per 1,000 sq.ft, of floor area
devoted to such uses and 1 space per 1,000 sq.ft, of floor area devoted to storage and
warehouse.
The development proposal consists of 160,200 sq.ft, of total floor area with 43,400 sq.ft, of
service industry and 116,800 sq.ft, of light industrial. The parking requirement for the light
industrial has been calculated with 50% of the floor area devoted to office/manufacturing and
50% devoted to storage and warehouse, which requires 234 parking spaces. The 43,400
sq.ft, of Service Industry was calculated with 25% at a retail rate of 4.5 spaces per 1,000 sq.ft.
(10,850 s.f. = 48.825 spaces) and the remaining 32,550 sq.ft, to be divided with 50% light
industrial (16,275 s.f. = 48.825 spaces) and 50% storage (16.275 spaces). Based upon these
calculations, 114 parking spaces are required for the service industry, and 234 for the light
industrial for a total of 348 parking spaces, which has been provided. Thus, this requirement
has been met.
Stacking Distance
Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and
transition of incoming traffic from a public street, such that traffic may not backup into
the public street system. The minimum distance between the right-of-way line of a local
street and the first parking space or aisleway in a parking lot containing 51 or more
parking spaces shall be 50 feet. LDR Section 4.6.9(D)(3)(c)(3), greater stacking distance
may be required as a condition of site plan approval. Also, the length of the stacking
area may be reduced when supported by a traffic study.
The development proposal provides 348 parking spaces and includes 2 driveways: one on
Congress Avenue (County arterial) and the other on Lake Ida Road (County collector). The
proposed stacking distance is 60' at both driveways, which exceeds the code requirements.
Additional stacking is also provided at the main entrance (Congress Avenue), where the
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 8
driveways intersect the primary driveway. The increased stacking distance is warranted as
this facility will have truck traffic. Thus, this requirement has been met.
Loadino Areas
The loading berths will be centrally located between the industrial buildings in a courtyard type
arrangement. Each of the bays will be provided with a loading berth, which exceeds
requirements of LDR Section 4.6.10(C).
Site lighting locations and fixture details have been provided along with a photometrics plan.
The lighting complies with LDR Section 4.6.8.
Site Plan Technical Items:
The following are items that do not require specific action of the Board, however, the items
must be addressed with the submittal of the site plan.
1. The turning radius at the northeast corner of Building 4 must be increased to that which is
provided at the southeast corner of Building 2, to accommodate fire apparatus.
2. Copies of the LWDD, SFWMD, HP, S and Palm Beach County right-of-way permits must be
provided.
3. Lift station and fire flow calculations must be provided.
4. Cost estimates for water and sewer improvements must be provided.
5. Paving, parking and utility details must be provided.
6. Stop bars must be provided at the parking lot intersections and points of ingress/egress.
Also, directional arrows and appropriate striping which delineate drive aisles, and right and
left turn lanes at the Congress Avenue entrance must be provided.
Perimeter Landscaping
The perimeter landscaping along Lake Ida Road and Congress Avenue will consist of a 3'
high berm within the center of the required 30' wide landscape buffer. Groupings of 6 Queen
Palms are proposed on the west side of the berm with Fakahatchee Grass underplantings.
Groupings of 4 Live Oaks are to be installed on the interior edge of the landscape buffer,
resulting in a staggered tree line. The main entrance along Congress Avenue will be flanked
by Sabal Palm groupings along with underplantings of Ixora, Dwarf Yaupon Holly, Cocoplum,
and Philodenron. Green Buttonwood trees will be provided east of the palms. Groupings of
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 9
Sabal Palms with the same underplantings as above will be provided at the northwest and
northeast corners of the site. The groupings of palms at the northwest corner will serve as a
back-drop to a proposed monument sign. Along the east property line Mahogany trees will be
installed and Wax Myrtle trees are to be provided along the south property line. The hedge
material along both property lines will be Cocoplum.
Internal Landscaping
The internal landscape islands will consist primarily of Green Buttonwood trees with
Allamanda Cathartica underplantings. The foundation plantings will be layered and consist of
a variety of landscape material: Pink Tabebuia and Ligustrum trees, Liriope, Viburnum,
Variegated Pittosporum, and Gold Lantana. Also, Solitaire Palms will be provided at the
corners of the buildings. On the north side of Buildings 1 and 2, and along the proposed 6'
high c.b.s, wall, between the buildings (facing Lake Ida Road), Live Oak and Pink Tabebuia
trees will be installed in addition to a Viburnum hedge. The east/west driveway separates
Building 1 and 2 (Phase 1) from Buildings 3 and 4 (Phase II). On the south side of Buildings 1
and 2, Pink Tabebuia trees will be installed with a Virburnum hedge along Building 1 with the
hedge provided only along a portion of Building 2. The same treatment will be provided on the
north sides of Buildings 3 and 4. As Buildings 1 and 2 will be constructed with Phase 1, and
the south side of the Building will be visible from adjacent rights-of-way, the hedge should be
installed along the entire south side of Building 2. In addition, while the perimeter landscape
buffer will be installed with Phase I the loading areas will be visible from northbound Congress
Avenue and adjacent properties. Thus, along the south side of the east/west driveway, trees
and a hedge must be installed. The Board may want to consider the installation of Oleander.
Landscape Plan Technical Items:
The following items do not require specific action of the Board, however, the item must be
addressed with the submittal of revised plans.
1. A note must be provided on the landscape plan indicating that all prohibited plant species
will be eradicated from the site.
The proposed buildings are to be constructed of pre-cast concrete tilt-up panels with a flat
roof. The structure will be provided with a 3' high parapet to screen the rooftop mechanical
equipment. The buildings range in length from 360' to 520' in length. The buildings will be
provided with 3 towers located in the center and at the corners of the building facing Congress
Avenue (west elevation). This elevation also contains storefront windows and doors. The
building is offset in two locations between the towers (at entrances) which provides some
architectural relief to these long linear buildings. The tilt-up panels create a scoring pattern
which gives the walls some architectural character. The decorative elements include stucco
banding, granite tiles, sconces, decorative cornice/parapet.
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 10
The buildings will be painted a combination of light beige and beige, and the towers will be
painted light orange with a terra cotta Spanish "S" tile roof. The trim for the parapet and
stucco bandings will be white and the windows will be green tinted. The proposed elevations
give an appearance of a commercial development (shopping center) rather a typical industrial
complex. The elevations will be similar to the Lake Ida Plaza elevation, just west of this site.
Deceleration/Right Turn Lane
The traffic study indicates the number of vehicles making right turns into the site, and is close
to the threshold of 70 vehicles used by the County to warrant a deceleration lane. Given the
number of trucks entering the site from northbound Congress Avenue, along with their size
and slower speeds, there is a need for a right turn lane. The plans indicate the installation of
the right turn lane as well as the necessary right-of-way dedication to accommodate the turn
lane. A condition of the master plan approval is that the right turn lane along Congress
Avenue be designed and installed to comply with Palm Beach County Traffic Division
Standards, prior to issuance of the first Certificate of Occupancy. The engineering plans for
the right turn lane will be submitted along with the plat application.
Dumpster Areas
The dumpsters are to be placed within the centrally located loading area, without designated
areas or enclosures. Each tenant will be provided with a dumpster. There are concerns with
this method of waste management as dumpsters will be placed haphazardly throughout the
site which gives and unmanaged appearance. Also, when the dumpsters are located within a
contained area, such as an enclosure, overflow and windblown trash are contained primarily
within the enclosure area. LDR Section 4.6.16(H)(3)(n) states that all dumpster and refuse
areas shall be screened. Thus, the dumpster areas must be delineated, enclosed and
provided with accommodations for recyclable materials. The applicant will discuss this further
with the Board at the meeting. In order to not provide the enclosure or screening, a waiver
must be granted.
Cross-Access Easement
A cross-access easement must be executed to utilize the City's driveway to the east of the
subject property. The developer will be responsible for the necessary modifications to the
City's driveway and fence.
Subdivision Plat
As the proposal requires right-of-way and easement dedications, a subdivision plat must be
processed pursuant to Chapter 5 of the Land Development Regulations. ^ condition of the
master plan is that the plat must be recorded prior to issuance of any building permits and has
been attached as a condition of approval.
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 11
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations,
prior to 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 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
consistency with the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the Land Development Regulations.
With the Master Development Plan approval of November 17, 1997, positive findings were
made with respect to consistency with the Future Land Use Map, Concurrency,
Comprehensive Plan and Compliance with the Land Development Regulations, provided
conditions of approval were addressed. The master plan indicated a single phase project
comprised of five (5) buildings totaling 163,125 sq.ft, with 43,400 sq.ft, of service industry with
no retail, and 119,725 sq.ft, of light industrial. The current development proposal is a two-
phased project consisting of four (4) buildings totaling 160,200 sq.ft., with two buildings
comprised of 76,400 sq.ft, to be constructed with Phase I (north hal0 and two buildings totaling
83,800 sq.ft, in Phase II (south hal0. The proposal includes 25% of the total floor area of the
service industry use allocated for retail use. The following analys~s is provided regarding this
development proposal.
Section 3.1.1(A) - Future Land Use MaD: The subject property has a Future Land Use Map
designation of Commerce and is currently zoned PCC (Planned Commerce Center). The
PCC zoning district is consistent with the Commerce FLUM designation. Pursuant to LDR
Section 4.4.18(A)(PCC - Purpose and Intent), the PCC regulations provide for a mix of light
industrial, service industrial, research and development, office and limited commercial use in
an Industrial Park setting which is planned and then controlled through a Master Development
Plan. The proposed master development plan is to accommodate uses allowed in the Light
Industrial and Service Industry components of the PCC zone district, with the exception of
limited retail uses permitted in the Service Industry component [ref. LDR Sections 4.4.18(B)(2)
and (4)]. Based upon the above, a positive finding can be made with respect to consistency
with the Future Land Use Map.
Section 3.1.1(B) - Concurrerl~y; As described in Appendix A, a positive finding of
concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and
recreation, open space, and solid waste, provided the conditions of approval are addressed.
Section 3.1.1(C) - Consistency (Standards for Site Plan Actions): As described in
Appendix B a positive finding of consistency can be made as it relates to Standards for Site
Plan Actions and the Comprehensive Plan.
P &'Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 12
Section 3.1.1(D) - Compliance With the Land Development Regulations: As described
under the Master Development Plan Analysis of this report, a positive finding of compliance
with the LDR's can be made, provided the waivers are approved, and conditions of approval
are addressed.
LDR Section 2.4.5(F)(5) (Site Plan Findings):
Pursuant to Section 2.4.$(F)(5) (Findings), in addition to provisions of Chapter Three,
the approving body must make a finding that the development of the property pursuant
to the site plan will be harmonious with the adjacent and nearby properties and the City
as a whole, so as not to cause substantial depreciation of property values.
The property is surrounded by the following zoning districts: to the north, across the Lake Ida
Road is zoned PCC; to the south, across the L-32 Canal, is zoned MIC (Mixed Industrial and
Commercial); to the east is zoned PCC and CF (Community Facilities); and to the west is
zoned PC (Planned Commercial) and RM-8 (Medium Density Residential- 8 alu/ac). The
existing land uses are: to the north is an industrial park (Delray Park of Commerce); to the
south is vacant land and existing industrial buildings; to the east is an FPL substation and the
City Public Works storage facility; and to the west is an existing shopping center (Lake Ida
Plaza) and a multiple family development currently under construction (Water's Edge).
Compatibility with the adjacent residences is not a major concern. Along Congress Avenue
and Lake Ida Road, groupings of trees every 30' along with hedges and a variety of
underplantings will be installed. The elevations provide for store front windows and an off-set
elevation which will provide architectural relief. Also, the proposed buildings will be set back
approximately 100' from Congress Avenue and Lake Ida Road and approximately 310' from
the residential structures currently under construction to the west. The loading and dumpster
areas are located interior to the facility. The overhead doors will not face a public right-of-way
and all noises associated with the loading facilities will be self-contained. On the north side of
the loading areas, a 6' c.b.s, wall will be provided between the buildings to screen the loading
areas from Lake Ida Road.
This project will help achieve one of the City's goals which is to provide employment
opportunities through industrial development. Based upon the above, this development will be
harmonious with the adjacent properties and should enhance property values within this area.
The development proposal is not within a geographical area requiring review by the
Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), or
the Historic Preservation Board (HPB).
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 13
Special Courtesy and Neighborhood Notices:
Courtesy notices were provided to the following homeowner's associations and civic
organizations:
Country Manor O Rainberry Bay Homeowners Assoc.
Chatelaine 0 Rainberry Lake
Delray Shores Homeowners Assoc. O The Sudan
Lake Ida Homeowners Association 1:3 ProgressiveResidents of Delray
Pines of Delray North (PROD)
President's Council
Letters of objection and support, if any, will be presented at the SPRAB meeting.
The proposed development is consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. Also, a positive can be made with respect to
LDR Section 2.4.5(F)(5) (Findings), as the loading areas will not be visible from Congress
Avenue and Lake Ida Road, extensive landscape buffers will be provided, and the proposed
architectural elevations provide a design that will be harmonious with the adjacent
developments. Positive findings with respect to the Land Development Regulations will be
achieved provided the conditions of approval are addressed. The development proposal will
allow for the construction of an industrial park on a relatively small parcel of land while
providing a quality industrial development which provides employment opportunities for area
residents. The proposal is compatible with the adjacent properties and will be an
enhancement to the area.
A. Continue with direction.
B. Approve the Class V site plan, landscape plan and building elevations for Congress
Commerce Centre based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(F)(5) of the Land Development Regulations, and the policies
of the Comprehensive Plan, subject to conditions.
C. Deny the Class V site plan, landscape plan, and building elevations for Congress
Commerce Centre, based upon a failure to make positive findings with respect to Section
2.4.5(F)(5) (Compatibility).
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 14
A. Site Plan
Approve the Class V site plan for Congress Commerce Centre based upon positive
findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(F)(5) of
the Land Development Regulations, and the policies of the Comprehensive Plan,
subject to the following conditions:
1. Submission of revised plans addressing the "Technical Items" and conditions of
approval listed in the Staff Report;
2. That the floor plans for the Light Industrial building be modified accordingly to
eliminate the retail component;
3. That prior to issuance of a Certificate of Occupancy for the first building constructed,
the installation of the perimeter landscape buffers must be completed;
4. That 25% of open space (landscape areas) be provided on site;
5. That the dumpsters be located in a designated area and screened accordingly with
the enclosures to accommodate dumpsters for recyclable materials;
6. That the right turn lane along Congress Avenue be designed and installed to comply
with Palm Beach County Traffic Division Standards, prior to issuance of a Certificate
of Occupancy for the first building;
7. That with the plat application a cross-access easement be provided to utilize the
City's driveway, and that the developer be responsible for all improvements of the
City's property;
8. That prior to issuance of any building permits, the subdivision plat must be recorded;
and,
9. That a confirmation letter be provided from the Palm Beach County Traffic Division
stating that the proposal complies with the Palm Beach County Traffic Performance
Standards Ordinance.
B. Landscape Plan
Approve the landscape plan for Congress Commerce Centre, based upon positive
findings with respect to LDR Section 4.6.16 subject to the following conditions:
.1. That the Viburnum hedge be installed be installed along the entire south side of
Building 2;
P & Z Board Staff Report
Congress Commerce Centre - Class V Site Plan
Page 15
2. That along the south side of the east/west driveway, trees and hedges must be
installed to screen the loading area; and,
3. That a note be provided on the landscape plan indicating that all prohibited plant
species will be eradicated from the site.
C. Buildina Elevations
Approve the architectural elevations for Congress Commerce Centre, based upon
positive findings with respect to LDR Section 4.6.18.
Attachments:
I~ Appendix A
~ Appendix B
r3 Approved Master Development Plan
I;! Site Plan
~ Landscape Plan
~ Architectural Elevations
~ Floor Plans
Report prepared by: Jeff Costello. Senior Planner
Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use
Element of the Comprehensive Plan must be met and a determination made that the public
facility needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Water:
Water service will be provided via installation of an 8' water main within the parking and loading areas
which will loop around the development and connect to the existing 20" water main on the south side of
Lake Ida Road and an existing 8" main on the west side of Congress Avenue. Connection to the 8"
main on the west side of Congress will require jack-n-bors. At the southwest corner of the site a
stubout will be provided for future connections to the south. Pursuant to the Comprehensive Plan,
treatment capacity is available at the City's Water Treatment Plant for the City at build-out.
With regard to fire suppression, the buildings will be sprinkled and fire hydrants have been provided
every 300', which complies with spacing requirement between hydrants [ref. LDR Section
6.1.10(B)(2)(a)].
Sewer:
The sewer system will be located primarily within the parking and loading areas. Sewer service is to be
provided via installation of 8" sewer mains on site which will gravity flow northward to a proposed lift
station with a 4" force main. The force main will connect to an existing 14" force main along the north
side of Lake Ida Road. Pursuant to the Comprehensive Plan, treatment capacity is available at the
South Central County Regional Waste Water Treatment Plant for the City at build-out.
Drainage:
Preliminary drainage plans have been submitted indicating that drainage will be accommodated on site
via an exfiltration system, with an outflow into the L-32 Canal along the south side of the property. A
permit must be obtained from Lake Worth Drainage District to install the outfall. There ars no problems
anticipated in complying with SFWMD and LWDD requirements nor obtaining the required surface
water permit.
Streets and Traffic:
The traffic study submitted with the master plan indicated that the proposed 163,125 sq.ft, light
industrial and service industry uses will generate 1,137 average daily trips onto the surrounding
roadway network. While the Service Industry component of the PCC zone district allows 25% of the
total floor area to be allocated for retail use, the traffic study which was approved and accepted by the
Palm Beach County Traffic Division was based upon no retail uses. Thus, a condition of the master
plan approval stated that the permitted uses be those that are light industrial and service oriented in
nature, and that any uses which would generate greater traffic volumes (i.e. retail) are proposed for
occupancy, a new traffic study must be submitted and approved. Lake Ida Road, between Congress
Avenue and Military Trail, is operating at Level Of Service "F', thus failing with regard to traffic
concurrency. However, the Palm Beach County Traffic Performance Standards Ordinance does allow
development to place up to 1% of the Level Of Service "D', or 143 project trips, on this segment. The
traffic study included a traffic distribution methodology which did not exceed the 143 trips allowed and
therefore the project complied with the Palm Beach County Traffic Performance Standards Ordinance.
With the current development proposal to construct 160,200 sq.ft, of light industrial and service
industry uses, additional traffic information was submitted for the allocation of 25% of the total floor
area of the service industry component for retail use. The traffic information indicates that the with the
allocation of 10,850 sq.ft, of retail, 1,276 average daily trips would be generated onto the surrounding
roadway network. This traffic information has been transmitted to the Palm Beach County Traffic
Division, however a response has not been received. If the site plan is approved, it should be
conditioned upon the provision of a confirmation letter from Palm Beach County Traffic Division stating
that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on
this level of service standard.
Solid Waste:
Based upon the Solid Waste Authority's trash generation rates, trash generated each year by the
proposed 160,200 sq.ft, of floor area will be approximately 1.8 pounds per 1,000 sq.ft, or 144.18 tons
per year. The trash generated by this proposal can be accommodated by existing landfill facilities,
therefore, a positive finding with respect to this level of service standard can be made.
A. Building design, landscaping, and lighting (glare) shall be such that they do not create
unwarranted distractions or blockage of visibility as it pertains to traffic circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner
consistent with objective D-I of the Traffic Element.
Not applicable
Meets intent of standard ~
Does not meet intent
C. Open Space enhancements described in Open Space and Recreation Objective B-I, are
appropriately addressed.
Not applicable
Meets intent of standard ~
Does not meet intent
D. That any street widening associated with the development shall not be detrimental upon desired
character and cohesiveness of affected residential areas.
Not applicable m
Meets intent of standard X__~
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned in a manner
which is consistent with adjacent development regardless of zoning designations.
Not applicable ~
Meets intent of standard~
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and intensity are
appropriate in terms of soil, topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining land use needs.
Not applicable
Meets intent of standard_~- The proposal will help fulfill the remaining land use needs for the City_
which include providing employment opportunities for City_ residents, and improving the City's tax base.
Does not meet intent
G. In order to provide for more balance demographic mix, the development of "large scale
adult oriented communities" on the remaining vacant land is discouraged.
Not applicable ~
Meets intent of standard~
Does not meet intent -
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[IT¥ OF DELRFI¥ BER[H
pE, LR~AY, B,E^.CH.
~ 100 N.W. Is~ AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
~,ll-/tmericaC~
1993
Mr. kindsey Walter
Kilday & Associates, Inc.
'155'1 Forum Place, Suite 100
West Palm Beach, FL 3340'1
Re: ¢on_~ress Commerce Center Site Plan - Conditions of A0_~roval
Dear Lindsey:
This letter is being provided to you as the designated agent for the above referenced
project. At its meeting of April 29, 1998, the Site Plan Review and Appearance Board
took the following actions regarding the development proposal for Congress Commerce
Center:
Site Plan
Approve the site plan based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(F)(5) of the Land Development
Regulations, and the policies of the Comprehensive Plan, subject to the following
conditions:
1. Submission of revised plans addressing the "Technical Items" and conditions of
approval listed in the Staff Report;
2. That the floor plans for the Light Industrial building be modified accordingly to
eliminate the retail component;
3. That prior to issuance of a Certificate of Occupancy for the first building constructed,
the installation of the perimeter landscape buffers must be completed;
4. That 25% of open space (landscape areas) be prOvided on site;
5. That the dumpsters be located in a designated area and screened accordingly with
the enclosures to accommodate dumpsters for recyclable materials, and that
alternative dumpster layouts be provided C-he alternatives would be based upon the
types of uses and dumpster sizes);
TH~ EFFORT ALWAYS MATTERS
To: Mr. Lindsey Walter
Re: Congress Commerce Center Site Plan - Conditions of Approval
Page 2
6. That the right turn lane along Congress Avenue be designed and installed to comply
with Palm Beach County Traffic Division Standards, prior to issuance of a Certificate
of Occupancy for the first building;
7. That with the plat application a cross-access easement be provided to utilize the
City's driveway, and that the developer be responsible for all improvements of the
City's property;
8. That prior to issuance of any building permits, the subdivision plat must be recorded;
and,
9. That a confirmation letter be provided from the Palm Beach County Traffic Division
stating that the proposal complies with the Palm Beach County Traffic Performance
Standards Ordinance.
Landsca.~e Plan
Approved the landscape plan, based upon positive findings with respect to LDR Section
4.6.16 subject to the following conditions:
1. That the Viburnum hedge be installed be installed along the entire south side of
Building 2;
2. That along the south side of the east/west driveway, Wax Myrtle trees be installed to
screen the loading area; and,
3. That a note be provided on the landscape plan indicating that all prohibited plant
species will be eradicated from the site.
Building Elevations
Approved the architectural elevations, based upon positive findings with respect to LDR
Section 4.6.18.
Next Steps
Submit three (3) copies of the revised site, landscape, engineering, and building
elevation plans, as well as documentation addressing the conditions of approval. Once
all conditions have been addressed, certification (sign-off) of the site plan will occur and
you may then proceed to the Community Iml~rovement (Building) Department to obtain
a building permit.
Please be advised that the site plan approval is valid for 18 months, thus expiring on
October 29, 1999. Prior to the expiration date, 25% of the cost of all improvements
To: Mr. Lindsey Walter
Re: Congress Commerce Center Site Plan - Conditions of Approval
Page 3
associated with the development must be constructed in order for this proposal to be
considered established.
Should you have any questions, do not hesitate to contact me at 561-243-7040.
anner
Attachments
Site Plan Technical Items
· Landscape Plan Technical Items
c: Project File #98-099
Site Plan Technical Items:
1. The turning radiuS at the northeast corner of Building 4 must be increased to that
which is provided at the southeast corner of Building 2, to accommodate fire
apparatus.
2. Copies of the LWDD, SFWMD, HRS and Palm Beach County right-of-way permits
must be provided.
3. Lift station and fire flow calculations must be provided.
4. Cost estimates for water and sewer improvements must be provided.
5. Paving, parking and utility details must be provided.
6. Stop bars must be provided at the parking lot intersections and points of
ingress/egress. Also, directional arrows and appropriate striping which delineate
drive aisles, and right and left turn lanes at the Congress Avenue entrance must be
provided.
Landscape Plan Technical Item:
1. A note must be provided on the.landscape plan indicating that all prohibited plant
species will be eradicated from the site.
[lTV OF DELRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE TM
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
p~LR~ B~A~ W~ter's Direct Line: 561/243-7~1
Ali. America Ci~
MEMO~D~
~993
TO: City Co~ssion
FROM: Brian Shu~, Assistant Ci~ Attorney
SUBJECT: Hold Ha~ess Agreement/Right-of-Way Deed -
Pineapple Grove Properties
On May 18, 1999 the Co~ission adopted Resolution No. 26-99 ~at provided for the
abando~ent of ~e no~sou~ alley located on ~e old Wi~ Dixie prope~ at the
no,east co,er of N.E. 2nd Avenue and N.E. 1st Street. The resolution provided that
it would not be effective until the Ci~ received a right-of-way deed for a s~teen foot
(16') drive aisle and a hold ha~ess agreement regarding the placement of brick pavers
over the abandoned area. The Ci~ will still retain an easement for utili~ pu~oses over
the abandoned area. The hold harness agreement will also cover the installation of a
sewer line in the easement area.
Pineapple Grove Properties, Ltd. just recently purchased the property from Claire
Harrington. After the closing Pineapple Grove Properties executed a right-of-way deed
and hold harmless agreement as per the Resolution No. 26-99.
By copy of this memorandum to David Harden, City Manager, our office requests that
these items be placed on the September 7, 1999 City Commission agenda for approval.
Please call if you have any questions.
Attachments
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Richard Hasko, Director of Environmental Services
[~009 ON XH/XJ.] 0~;:9~ NOi{ 66/9t/1~0
HOLD HARMLESS AGREEMENT FOR BRICK PAVERS
LOCATED IN AN EASEMENT AND THE CONSTRUCTION
OF A SEWER LINE iN THE PUBLIC RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT, is entered into this ~ day of
, 1999 by and between the CITY OF DELRAY BEACH, a Florida
municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida
33444 (hereinafter referred to as "City") and PINEAPPLE GROVE PROPERTIES, LTD..
~ c,,~ ~4. '~. ~'lr,,.,'~ ~" ~'9~' '
with a mailing ~ddress of ~ ~ ..~ a,~lTe,, tnerelnaf~r referred to as
"Owner" ).
WITNESSETH:
WHEREAS, OWNER owns property located at ~.~.,&f~,,~.~[Delray Beach,
Florida, and has requested the CITY to allow for the installation of brick pavers within the
existing utility easement more particularly described in Exhibit "A"; and,
WHEREAS, CITY maintains a sanitary sewer line within the utility easement; and,
WHEREAS, OWNER agrees to hold the CITY harmless for any damage to or
disturbance of the brick pavers that are installed within the easement as a result of maintenance
of the sanit&ry sewer line; and,
WHI~REA$, OWNER agrees to hold the CITY harmless and defend and indemnify
the CITY from any causes of action that may result from the negligence of the OWNER
relating to its construction of the sanitary sewer line.
NOW, THERF. FORE, for tile mu(ual coYen~nts and mat[ers set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. Tim recitations set forth above are incorporated herein.
[g009 0lq XH/XJ~! 0~]:9! N01~ 66/9I/!i0
2. OWNER owns the property which is legally described as follows:
Sec Exhibit "B" attached hereto.
3. That OWNER will bc installing brick pavers within the existing utility
easement as described in Exhibit "A".
4. That CITY has an existing sixteen foot (16') eascmcnt in which the CITY
maintains a sanitary sewer service line.
$. OWNER, on bchalf of itself, its successors, heirs, and assigns, acknowledges
that thc CITY shall assume no responsibility for any damage, disturbance, repair or
replacement of the brick pavers which are being placed within the easement as a rcsult of any
maintenance of the sanitary sewer line.
6. OWNER. its successors, heirs, and assigns, in consideration of thc CITY
allowing it to install the brick pavcrs in thc utility casement, agrees to defend, indemnify, and
hold harmless the CITY, its agents, officers, cmployccs and servants from any and all claims,
suits, causes of action or any claim whatsoever made, and damages, including attorney's fees
and costs at the trial and appellate levels, which may result from the existence of brick pavers
within thc sixteen foot (16') easement. OWNER, its successors, heirs, and assigns further
agree to hold the CITY, its agents, officcrs, employees and servants harmless for any damage
to the brick pavers as a result of the maintenance or construction within the said easement. It
is understood that any cost for replacement or rcpair of the brick pavers shall be OWNER'S,
its successors', heirs' and assigns' responsibility and CITY will not be held liable for any
damagc as a part of the maintenance or construction within the said easement.
7. OWNER, its successors, heirs, and assigns, for mutual promises contained
herein and other good and valuable consideration agrees to defend, indemnify, and hold
[ZOO9 ON ~H/XJ~] 09:9I NO~ 66/9I/~0
harmless thc CITY, its agents, officers, employees and servants from any and all cia/ms,
suits, causes of action or any claim whatsoever made, and damages, including attorney's fees
and costs at thc trial and appellate levels, which may result from the negligence of thc
OWNER, its contractors, subcontractors, surveyors, heirs, or assigns during thc initial
installation/construction and replacement of thc sewer line lying within the casement in
accordance with OWNER'S conditions of site plan approval. Such duty to defe~l, indemnify
and hold harmless thc CITY. its agents, officers, employees, and servants shall cease upon the
CITY'S acceptance of thc sewer line.
8. This agreement shall not bc valid unless signed by the City's Mayor and City
Clerk.
9. This agreement constitutes thc entire agreement between CITY and OWNER
and may not be altered, amended, or modified except by an instrument in writing signed, by
the parties, to the agreement with all thc same formalities as this agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Iay Aiperin, Mayor
City Clerk
Approved as to Form:
~o~City Attorney
[~009 ON X~/X~] 09:9T NO~ 66/9T/90
WITNESSES: OWN~/~
(s~)
STATE OF FLORA
COUNTY o~ ~ g~
Thc foregoing imminent was ac~owledgcd before m~ ~is I~~ day of
officer or agent) of ~;.~T~ ~¢.~Tr~,~5. ~nc of co~oration ac~owl~dgi~), a
He/She is pcrso~y ~own to mc gr ~-~ ~,~u~ .__ (t~, ef
EXIIlBIT "A"
A sixte, en (16) foot wide nlility easement bounded on the West by Ihe East
line o1' Lots 5, 6, 7 and 8 of said Block 83; bounded on the East by the
West line of Lots 13, 14, 15 and 16 of said Block 83; bounded on the
North by the Westerly extension of Ihe Norlh line of said Lot 13 of Block
83 lo the Northeast corner of said Lot 5 of Block 83; bounded on the
· qouth by Ihe Weslerly exlension of lhe 8oulh line of said Lot 16 of Block
83 Io Ihe Igoulheasl comer ofsaid Lot 8, Block 83.
EXiliBIT
Lots 5,.6, 7, 8, 13, 14, IS, and 16 o£Block 83~ o£MAP OF TI-IB TOWi'4
OF LINTOI~I, FLORIDA, according to Ihe Plat thereof on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida recorded in Plat Book is Page 3.
[~009 ON X~/X&] 09:9! NOR 66/9I/~0
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1St Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED
THIS INDENTURE made flmis //'?/'~day oi~ ,~',.~uo..~'~ .... 1999, between
~;~~ ~ ~~, ~ .... ~ ~ .a /~ili~g address of
CI~
pa~ and
OF DEL~Y B a mu~cipal co~orafion wi~ a ~iling address
of 100 N.W. lsr Avenue, Delray Beach, Florida 33~44, as parW of ~e seco~ p~t.
WITNESSETH:
That said party of ~e first pa., for a~ in comideration of ~u s~ of O~
Dollar ($1.00) and other valuable considerations paid, r~eipt of w~ch is hereby
ac~owledged, does hereby grant, remise, release, quit cla~ and convey unto ~e pa~ of ~e
second part, i~ successors ~ assigns, all right, title, interest, cla~ ~d ~nd which ~
p~ of ~e first p~t has in and to ~e following-described land, stream, ly~g ~d be~ in ~he
County of Palm Beach, State of Florida, m-wit:
See E~ibit "A" attached hereto.
T~s Deed is made for ~e pu~ose of giving a~ grant~ ~ ~e party of ~e
second pan, its successors and assigns, a right-of-way and easement ~ and W said lands for
public highway, s~eet, and public utility peruses; and is made, execu~d and delivered wi~
· c express unders~nding and condition ~at should thc same ever be discontinued or
abandoned as a public ~ghway or s~eet, ~e title to same shall ~ereupon rever~ m and revest
in ~& parW of ~e first p~ or assigns.
T~t ~is right-of-way shall be subject o~y to ~ose e~ements, res~ictions, ~
reservation of record. That ~= party of ~e first part agree to provide for ~ release of any
and ~1 mortgages or .liens encumbering ~is right-of-way. The pa.y of ~e first p~t also
agrees to erect no building or effect any other ~nd of comt~ction or ~provemen~ upon ~e
above-described pro~rty ~t was not described ~ ~e sim plan (no. 99-082) ~b~d to ~e
City's Site Plan Review and Appearance Board on April 21, 1999, and approved by ~e City.
EO -:Ig,lo{ 'dd Z£~FI>I S A~I~I-I-t~3C IB6ELi~GL]:gc~ £§:9]:
Party of the first part does hereby fully warrant the title to said land and will
defend the same against the lawful claims of all persons whomsoever claimed by, through or
under it, that it has good right and lawful authority to grant the above-described right-of-way
and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or
permits, the same shall include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate,
right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity
to the only proper use, benefit, and behalf of the said party of the second part, its successors
and assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their
hand and seal thc date first above written.
Signed. sealed and delivered PART~T PART
in thc pq:sence of:
__, By:
~.-~(Name printed ~;K typed) (Name prin,~/~/~ ~pea~
(Name printed or typed)
COUST¥ OF
The foregoing instrument was acknowledged be. iore _~e this~- ] ~'~"day ~f/.,,.__ ?,~
to meJor. Aaas-e~,,d..,,d a- i~lentH~catlus~.
of Florida
2
~9 BD~d ~d Zi~>l S ^3~C 86£LE6LIg§ £S:9I 666I/9I/B0
[7009 ON ~/~£] 09:91 NOR 66/91/~0
EXHIBIT "A"
§0 3B~d ~d ZI~D>~ S A3~333[~ BGEL~GL~gq £q:9~ SG6~/BI/BO
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
1 6' ADDITIONAL RIGHT-OF-WAY
A POR/ION OF' LOl* 5 AND A PORHOH OF THE 1S' ALLEY
RIGHT-OF-WAY ADJACENT THEREI'O, BLOCK 83,
TOWN OF. LINloN, PLAT BOOK 1. PAGE 3
PUBLIC RECORDS OF PALt4 BEACH COUNTY. FLORIDA .
Iieller - ~eaver and Cato, inc. ~'~
J8 3EFFREY S. ~'~ PA PA~E
co~ o.M AC~ HO~ Oi
" ~eUEF-WeIveF iud elto, hc. ,.,w~m ~.
L~ 3~Vd ~d ZI~ S A3~3~ BGEL~Tg~ E~:gT
I:IT¥ OF DELRIIV BEIII:H
CITY ATTORNEY'S OFFICE ,w
TELEPHONE 561/243-7090 * FACSIMILE 561/278-4755
Wfi~r's Di~ct L~: (561) 243-7~
AII.A~a C~ ~0~~
''lg':''''' DATE: September2, 1999
~ oa~ TO: Ci~ Comssion
,I
Jay T. Jm~ck, Assistant Ci~ A~omey~
FROM:
SUBJECT: Agr~mem wi~ Habitat for tra~fer of Prope~.
Attached is an agreement between the City and Habitat for Humanity of
Boca/Delray that, if approved, would obligate the City to accept title to a parcel of
property that the City had previously transferred to Habitat. The property is located at
214 SW 5th Avenue (see included map). A title search for the subject property
discovered a cloud on the title that can only be remedied through a quiet title action by
the City.
The agreement provides that once the City clears the title and receives a policy of
title insurance for the subject property, the City will transfer the parcel back to Habitat.
The City will pay the cost for the quiet title action. Habitat will pay the cost for
obtaining the policy of title insurance and all other costs associated with the transfer of
the property to and from the City.
Do not hesitate to contact me if you should have any questions. Please place this
item on the agenda for the September 7, 1999 City Commission meeting.
cc: David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Lula Butler, Director of Community Improvement
Charles Bender, Community Development Program Coordinator
Mike Simon, Affordable Housing Administrator
-lO--i'?_~? 14:C~4 5~.1 233 8-~18 P.85
214 SW 5th Avenue
f9
AGREEMENT
THIS AGREEMENT ("The Agreement") is made this __ day of ,
199__ by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation
(the "City"), and HABITAT FOR HUMANITY OF BOCA-DELRAY, INC., a Florida not-
for-profit Corporation ("Habitat").
WITNESSETH:
WHEREAS, on May 13, 1998, the City transferred to Habitat, pursuant to a quit-claim
deed, the title to property whose legal description is Lot 4, Block 23, Subdivision of Block 23
Town of Linton (now Delray), Florida, according to the map or plat thereof as recorded in Plat
Book 10, Page 69 of the Public Records of Palm Beach County, Florida (hereinafter referred
to as the "Subject Property"); and
WHEREAS, it has been determined through a title search that a quiet title action is
required to clear title to the Subject Property; and
WHEREAS, the City has agreed to accept title from Habitat in order to institute a quiet
title action on the Subject Property and to obtain title insurance for the Subject Property; and
WHEREAS, Habitat has agreed to pay the cost of obtaining title insurance and has
agreed to accept the Subject Property back from the City once title has been cleared and title
insurance has been obtained.
NOW THEREFORE, for the mutual covenants and conditions contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
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. Title to Subject Property. The City shall accept title to the Subject Property
from Habitat for the purpose of instituting a quiet title proceeding and obtaining a policy of
title insurance upon the Subject Property. After title to the Subject Property has been cleared
and title insurance has been obtained, Habitat shall accept title to the Subject Property from the
City pursuant to a quit-claim deed.
3. Failure to {~uiet Title. In the event that the City fails to obtain clear title to the
Subject Property or to obtain a policy of title insurance, or both, Habitat shall not be entitled
to and shall waive and release any and all interest in the Subject Property. Habitat shall not be
due compensation, payment or reimbursement in any form, in lieu of receiving title to the
Subject Property or for any other reason whatsoever. Further, Habitat shall not be entitled
receive any other property from the City in lieu of receiving title to the Subject Property or for
any other reason whatsoever.
4. Time to Quiet Title. The City shall proceed with the quiet title action in a
manner and at a time that is within its sole discretion. Habitat agrees that it is not entitled to
receive the Subject Property from the City until all proceedings related to the quiet title action,
including any appeals taken, have been completed and the City has received a policy of title
insurance upon the Subject Property.
5. Title Insurance. The City shall obtain a policy of title insurance upon the
Subject Property. Habitat shall pay the entire cost of obtaining the title insurance.
6. Cost of Quiet Title Action; Other Costs. The City shall be responsible for the
costs related to the quiet title action to be instituted regarding the Subject Property. Habitat
shall be responsible for all costs related to the transfer of the Subject Property to the City from
Habitat and transfer of the Subject Property to Habitat from the City, including but not limited
to the document stamp tax.
7. 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.
8. 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.
9. 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.
10. Venue. Any proceeding brought to enforce this Agreement shall be brought in
the State or Federal Courts located in Palm Beach County, Florida.
IN WITNESS 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 Habitat has caused this agreement to be executed in its behalf by
its legal and official representative, its official seal to be hereunto affixed, 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
HABITAT FOR HUMANITY OF
BOCA-DELRAY, INC., a Florida not-for-
profit Corporation
ATTEST:
By:
Print Name
STATE OF FLORIDA
COUNTY OR PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 199__ by , as of
, a corporation, on behalf
of the corporation.
Notary Public
(OFFICIAL NOTARIAL SEAL) State and County Aforesaid
My Commission Expires:
CITY I)F I)ELRIIY BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 407/243-7823 · FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
Ali,America City M E M 0 R A N D U M
City Manager
1993
FROM: Catherine M. Kozol
Police Legal Advisc¢/'--'-''~
DATE: August 17, 1999
SUBJECT: Delaire Country Club Property Owners Association
Traffic Enforcement Agreement
Attached for your review and insertion on the Consent Agenda are two originals
of the Delaire Country Club Property Owners Association Traffic Enforcement
Agreement. This agreement will allow the Police Department to enforce state
and local traffic laws on the private roads of the Delaire Country Club.
The cost to the City will be minimal, as the Department will have discretion to
determine when personnel will be available to patrol the area. As for liability, the
City will be added to the Association's $100,000.00 liability insurance policy as
an additional insured. Further Delaire Country Club Property Owners
Association will indemnify the City for acts that are a result of actions taken
under this agreement.
Also attached is a copy of the Certificate of Liability Insurance from the Delaire
Country Club Property Owners Association, Inc. and a check (No.004623) in the
amount of $1.00 for the month of August.
Feel free to contact me if I can be of further assistance in this matter.
Ibg
Enclosure
c: Susan Ruby, City Attorney
Allison MacGregor Harty, City Clerk
Richard Overman, Chief
Harden6 doc
P''''~'i''''v:'h''~!' ....
DELAIRE COUNTRY CLUB PROPERTY OWNERS ASS~OCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter
referred to as "CITY") through its Potice Department, wishes to make its
Community Policing efforts in Delaire Country Club as effective as possible; and
WHEREAS, the DELAIRE COUNTRY CLUB PROPERTY OWNER
ASSOCIATION (hereinafter referred to as "ASSOCIATION") is clesirous of the
enforcement of state end municipal traffic law~ on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence
on the community; and
WHEREAS, F.S. 316,006(2),(b),(1),(2) alJows for such enforcement on
private roads pursuant to a written agreement approved by the CITY Commission
which provides for reimbursement for actual costs of traffic control and
enforcement liabilitY insurance and indemnification and other terms as are
mutually agreeable by the parties,
Now, therefore, for the mutual consideration, covenants, and matters set
forth herein, as of the date set forth below, the parties hereto do hereby agree as
follows:
1. The CITY does hereby agree to enfome all state and municipal traffic laws
on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week,
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to
cover the actual costs of the traffic control and enforcement incurred by the CITY.
4. The ASSOCIATION shall defend, indemnify and hold harmtess the CITY,
its agents, officers, officials and employees from any and all claims, suits, causes
of actions or any claims whatsoever made arising from any and all acts of traffic
control and traffic enforcement that occur on the ASSOCIATION'S property
foltowing tlqe date of this agreement. Nothing h~'ein shall be deemed a waiver of
the privileges and immunities granted to the CITY under F.S. 768.28. This
indemnification shall survive the cancellation of this agreement.
5. The ASSOCIATION shall provide lia,~ility insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
6. This agreement shall take effect upon execution and approval by the
Delray Beach City Commission and the DELAIRE COUNTRY CLUB PROPERTY
05/20/1999 17:00 ~61-496-7987 BILL SCHWARTZ RAGE 03
OWNER ASSOCIATION and shall continue in full force and effect until rescinded
by either party. Under no circumstances may this agreement be renewed,
amended, or extended except in writing.
7. Either party may cancel their particil3ation in this agreement upon delivery
of 30 days written notice to the other party. Cancellation will De at the direction of
the subscribing party.
8. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorneys fees.
9. The ASSOCIATION, by signing below, a~'irm that they have read and
understand this agreement and that they have been given the opportunity to
have the attorney of their choice review this agreement, ~.
This agreement made and entered into on this, ~,,__'/ day of
~/v'z.. V , 1999.
/
City of Delray Beach, Florida
City of Delray Beach ~ St,eph&n Gilberi.
by Mayor Jay, Alpedn President of Delaire Country Club
I Property Owner Association
ATTEST:
City Clerk
Approved as to form
L.A.O. ~
· ~oouc~ THI~ CER~FICATE I~ ISSU~ AS A ~ER OF INFORMATION "'
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIGA~
Ri;~ ~e~i~ea o~ ~10=~ HOLDER. ~lS CER~FICA~ DOES NOT AMID, E~END OR
XOOX ~=i=~ell ~&y D= ALTER THE COVE~,..AFFORDED BY THE POLICIES B~OW.
~i~e XiO0 ~ COMPANIES ~FORDING CO~RAGE .....
~i~, Y~ 33~3Z COMP~
~MPANY
4~4s ~=e ~e~a= L~e C
~ D
~IS IS TO CEI~I~ IHAT THE PQLIClES OF ~SURANC~ LISTED B~OW HAVE BEEN i~ED TO ~E INSURED NAM~ ABOVE FOR TH~ POLICY PERIOD
~DICATED. NO~THST&NDING ANY REQUIREMENT. TERM OR COND~ION OF ~Y CONTACT OR OTHER DOCUMENT WITH ~PECT TO WHICH THIS
CE~ICATE M4Y a~ rSS~E~ OR MAY PERTAIN, ~HE INSURANCE A~O~ED BY ~E ~OLICIJ$ DESCRIBED HEREIN ~ ~EC~ ?0 ALL THE TERMS.
EX~USlONS AND CONDO]OHS O~ SU~, POLICIES. LIM~ 8HOWN MAY HAVE.BEEN R~UCED aY PAID CLAIMS.
COMM~CJ,,k~ENERALUXBIU~ C~O 8Z07642-06 11/30/98 11/30/99 ~ODUC~-C0MF=~ * 2000000
O~'S & CO~CTO~ PROT ~C~ OCCV~C[ ~ [ O 0 O 0 0 0
~Y AUTO COMBIN~
8ODILY INJURY
SCHEDULED AUTO~ {Par ~)
HIRED A~CS gODILY INJURY
NON.QWNE~ AUTQ~ (~ ~Ci~U
ANY A~0 OT~ ~HAN AU~ ONLY~ ........
~CH ACCIO~T
,, , [ ,,I AGGREGATE,
~ COM~N~AT~N AHO I T~R~ITS J · ...
P~O~J~ wC~ l~ ~l~8e - roucY UMST
P~XEC~T~B ....
OFFICES AR~; ~CL ~L DIGGAGE-
OTN~ ......
~olicy
TOT~ P.
AGENDA REQUEST o~ff '
Request to be placed on: Date: September 1, 1999
Regular Agenda
Special Agenda
Workshop Agenda
xxxx Consent Agenda When: September 7, 1999
Description of item:
Authorization and approval to issue a subsidy to one eligible applicant under the Delray
Beach Renaissance Program in the amount of $13,600.
Note: Mr. and Mrs. Pullens ($13,600 SHIP / $6,000 CRA) represent the 93rd.
homeownership assistance grant provided under the Renaissance Program to date.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of subsidy award. Funds are to be awarded from the State
Housing Initiatives Partnership (SHIP) Program.
SHIP Total $13,600.00 Account# 118-1924-554-83.01
Department Head Signature: ~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: 0 ~ I~ % fi~ ~
Funding Alternatives:
(if
applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: ~/NO ~f/x~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
s:\commun~ 1 \cd~renprgm\agenrequ.doc
Memorandum
TO: David T. Harden, City Manager
THRU: Lula Butler, Director, Community Improvement Department
FROM: Charles L. Bender, Coordinator, Community Development Division~.
DATE: September 1, 1999
SUBJECT: Delray Beach Renaissance Program Subsidy Requests
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue subsidy to one (1) eligible applicant under
the Delray Beach Renaissance Program. The subsidy represents the 93rd. homeownership
assistance grant provided under the City's Renaissance Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporation, the TED Center, the Community Redevelopment Agency, the
Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through
September 30, 1998. An agreement to extend the program for one additional year was approved
by all partners and the City Commission. On June 15, 1999, the City Commission approved a
new Memorandum of Understanding operating the Renaissance Program from March 1999 to
February 2001.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, credit and
borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
Each grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than
$25,000 per unit are forgiven at a rate of 10% per year for 10 years.
RECOMMENDATION
Staff is recommending City Commission approval to provide subsidy for one (1) eligible
applicant associated with the following property:
· (New Construction) XXX SW 6t~. Avenue (Lot 8, Block 3, Rosemont Park / $13,600) -
(PCN: 12-43-46-20-14-003-0080)
s:\commun~'enprg\comagend.doc
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES CENSUS TRACT 68.01
NAME Andrea and Vincent Pullens
PROPERTY ADDRESS 6xxx SW 6th. Avenue (12-43-46-20-14-003-0080)
LEGAL DESCRIPTION Lot 8, Block 3, Rosemont Park, PB 13, Pg. 60
% OF AREA MEDIAN HOUSEHOLD INCOME 73% # IN HOUSEHOLD 4
COST OF CONSTRUCTION $ 77,705 COST OF LOT $ 9,000
COST OF EXISTING UNIT: N/A
NON-PROFIT DEVELOPER'S FEE $ 2,195 (*Included in unit cost, to be distributed
by the Construction Company). Package
generated prior to new Renaissance Agreement
TOTAL CONSTRUCTION COST: $86,705.00
PROJECT/SUBSIDY BREAKDOWN
FIRST MORTGAGE $ 68,000.00 Republic Security Bank
RATE 7.75%
LTV 79%
SECOND MORTGAGE $ City of Delray, HOME
$ 13,600.00 City of Delray, SHIP
$ 6,000.00 CRA of Delray
$ Housing Authority
THIRD MORTGAGE $ Federal Home Loan Bank
GRANT $ HTF "A"
APPLICANT FUNDS
Estimated Pre-paids (lender 1003) $ 780.00
Estimated closing costs (lender 1003) $ 4,876.20
ESTIMATED TOTAL TRANSACTION AMOUNT $93,256.20
Estimated cash from/to borrower $4,761.20 (5.5%)
s:\commun~renprgm\99-2000 subsidy breakdowns\vicki spells
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERff~
SUBJECT: AGENDA ITF/~ # ~REGULARMEETING OF SEPTEMBER 7, 1999
RESOLUTION NO. 54-99
DATE: AUGUST 31, 1999
This is a resolution assessing costs for the demolition of an
unsafe building located at 407 S.W. 2nd Street (the West ½ of Lot
16, Block 30, Town of Delray). The resolution sets forth the
actual cost incurred and provides the mechanism to attach a lien
to the property in the event the assessment remains unpaid.
Recommend approval of Resolution No. 54-99 assessing costs for
abatement action as outlined above.
Ref:NAAgmemo. Demolition of Unsafe Structure
RESOLUTION NO. 54-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON
THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
2
Res. No. 54-99
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
, 1999.
MAYOR
ATTEST:
City Clerk
3
Res. No. 54-99
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Ruth B. W~ll~mm~
ADDRESS: 407 SW 2nd St., Delray Beach, F1 33444
PROPERTY: 407 SW 2nd St., Delray Beach, F1 33444
LEGAL DESCRIPTION: W1/2 of Lot 16, Block 30, Twon of Delray according to
Plat Book 1, Page 3 of the official records of Palm Beach County, Fl.
You, as the record owner, of, or holder of an interest in, the above described property
are hereby advised that a cost of 2,136.36 by resolution of the City
Commission of the City of Delray Beach, Florida, dated .. ,
19__, has been levied against the above described property.
The costs were incurred as a result of an abatement action regarding the above
described property. You were given notice on .1-]0-99 that the Chief
Building Official had determined that a building/structure located on the above
described property was unsafe. You were advised in that notice of the action that
would be taken to remedy that unsafe condition and that the action would be initiated
by the City if you failed to act.
x You failed to appeal the decision of the Chief Building Qfficial to the
Board of Construction Appeals although you were informed of your right to an appeal
and of the procedures for obtaining an appeal. You have also failed to take the
corrective action required in the Notice of Unsafe Building/Structure.
You appealed 1he decision of the Chief Building Official to the Board of
Construction Appeals. You were given written notification on
that you were required to take the corrective action requ. ired_.by
the decision of the Board of Construction Appeals within a stated period of time: You
failed to take the action as required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction upheld
the decision of the Chief Building Official.
4 Res. No. 5~-99
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above described property on
7-]3-99 at a cost of $2,136.36 which includes a ten
percent (10%) administrative fee. if you fail to pay this cost within thirty
(30) days, that cost plus additional administrative and recording costs
shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE
OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Build;ng Official.
BY ORDER OF THE CITY COMMISSION
City Clerk'
5 R~s. No. 54-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF SEPTEMBER 7~ 1999
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: SEPTEMBER 3, 1999
Attached is the Report of Appealable Land Use Items for the
period August 16th through September 3, 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/9.7.99
T ARDEN, CIT, MANAGER
THRU: DIANE DOMIN UEZ, PLANNING AI~D ZO~NING DIRECTOR
SUBJECT: MEETING OF SEPTEMBER,/7, 1999 CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS AUGUST 16, 1999
THRU SEPTEMBER 3, 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 August 16, 1999 through
September 3, 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 on a 7 to 0 vote, the master plan modification to allow a reallocation of
the light industrial and service industry uses and inclusion of retail center uses for
Congress Commerce Center, located at the southeast corner of Lake Ida Road and
Congress Avenue.
No other appealable items were considered by the Board. The following items which
were considered by the Board will be forwarded to the City Commission for action.
City Commission Documentation
Appealable Items Meeting of September 7, 1999
Page 2
Q Recommended approval (6 to 0, Carter abstained), of a conditional use request to
allow within the CBD (Central Business District) a building height of 54 feet for a four
story office building, and a drive-thru banking facility for Town Square a mixed-use
project (residential and office) located on the south side of NE 1st Street, between NE
5th Avenue (southbound Federal Highway) and NE 6th Avenue (northbound Federal
Highway).
~ Recommended approval (6 to 0, Carter abstained), of an abandonment of a portion
of an east/west alleyway lying approximately 240 feet south of NE 1st Street in
conjunction with the Town Square Development.
Other Items
The following City initiated items were considered by the Board and have since been
placed on hold.
Rezoning from GC (General Commercial) in part and R-I-A (Single Family
Residential) in part to CF (Community Facilities) in conjunction with the expansion of
the Delray Beach Municipal Tennis Center.
[] Conditional use modification request to allow the addition of 3 hard tennis courts and
a half-court practice wall at the Delray Beach Municipal Tennis Center.
o Traffic pattern modification to allow the closure of NW 3rd Avenue, between West
Atlantic Avenue and NW 1st Street, associated with the expansion of the Delray
Beach Municipal Tennis Center.
1. Approved with conditions (6 to 0, Shutt absent), a Class II site plan modification,
landscape plan and architectural elevation plan associated with the construction of a
11,638 sq. ft. 4-story office building for Grove Square, located on the east side of
SE 2"d Avenue, between East Atlantic Avenue and SE 1st Street, south of City Limits
Restaurant. Concurrently, the Board granted a waiver reducing the landscape strip
along the east property line from 5' to 3'.
2. Approved with conditions (6 to 0), a Class V site plan and architectural elevation
plan (landscape plan was tabled) associated with the construction of a 9,750 sq. ft.
one-story building for La Fontana, located on the east side of SE 6th Avenue,
approximately 680 feet north of SE 10th Street. Concurrently, the Board granted the
following waivers:
[] Eliminated the requirement for a 5' sidewalk on the east side of SE 7th Avenue.
[] Reduced the required landscape strip for the proposed dumpster enclosure from
5'to 2'.
3. Approved with conditions (6 to 0), a Class III site plan modification, landscape plan
and architectural elevation plan to allow the construction of a 1,200 sq. ft. building
addition for Accents and D~cor Ice Cream Shop, located on the north side of East
City Commission Documentation
Appealable Items Meeting of September 7, 1999
Page :3
Atlantic Avenue, west of Pineapple Grove Way (NE 2n~ Avenue). Concurrently, the
Board granted the following waivers:
r~ Reduced the landscape strip from 5' to 4'6" along the east property line and from
5' to 1' along the west property line.
~ Reduced the terminal landscape islands from 5' to 3' and the landscape strip
between the parking tier from 5' to 3'.
4. Approved with conditions (5 to 0, Fowler left the meeting), a Class V site plan,
landscape plan and architectural elevation plan associated with the construction of
an assisted living facility containing 230 units, and an adult day care center forMil-
Atlantic AL.F, located on the west side of Military Trail, approximately 650 feet south
of West Atlantic Avenue.
5. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan
and architectural elevation plan associated with the construction of a 1,273 sq. ft.
building addition for Delray Beach Community Center, located at the northeast
corner of West Atlantic Avenue and NW 1st Avenue.
W. Approved with conditions (4 to 0, Turner, Hurlburt and Griffin absent), a Certificate of
Appropriateness, a Class V site plan landscape plan and architectural elevation plan
associated with the conversion of a single family residence to offices for Miller and
Abramson Inc. located at the northeast corner of Martin Luther King Jr. Drive and
NW 1st Avenue. Concurrently, the Board granted the following waivers:
Allowed parking to be located within the front yard setback area.
Deferred the installation of the sidewalk along NE 1st Avenue through the
execution of a sidewalk deferral agreement with the City.
X. Approved (3 to 1, Johnson dissenting), a request for a Certificate of Appropriateness
to allow a contributing single family residence to be moved to 21 SW 1st Avenue.
Y. Approved (4 to 0), a request for a Certificate of Appropriateness to allow the
installation of an aluminum garden shed at 116 NE 6th Street.
Z. Denied (2 to 2 Johnson and Keller dissenting to the motion to approve), a request for
a Certificate of Appropriateness to allow the installation of a 4' high vinyl picket fence
along the front and sides of the front yard, and 6' high vinyl privacy fence along the
rear yard for a single family residence located at 209 North Swinton Avenue.
By motion, receive and file this report.
Attachment: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
SEPTEMBER 7, 1999
IL L-30 c,i.N~J.
u...... r- ...... ~_ ....... ~ ..... ~ ~ tv.w. ~v~ ST.
~'-' ~'~ I I
~-.-. L ......
$.1,~ 2ND ST.
i[-..n J-'- ~
S.W. lOTH ST.
LOWSON BOULEVARD
LINTON
~ I I
................... ~.~.~ .......................
P.$Z.: H.P.B.:
A. CONGRESS COMMERCE CENTER ~ MILLER AB~MSON OFFICE BUI~ING
X. 21 S.W. 1STAVENUE
~ 116N. E. 6THSTREET ......... c~uu~s .........
S.P.R.A.B.: z 209 N. S~NTON A VENUE
1. GROVE SQUARE
2. ~ FONTANA I
3. ACCENTS & DECOR ICE CR~M SHOP G~tc s~
4. MIL-A ~NTIC A.L.F,
5, DEL~ Y B~ CH COMMUNI~ CENTER c~w OF DEL~Y B~CH, FL
P~NNING & ZONING DEPONENT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~
SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF SEPTEMBER 7, 1999
AWARD OF BIDS AND CONTRACTS
DATE: SEPTEMBER 2, 1999
This is before the City Commission to approve the award of the
following bids and contracts:
1. Bid award in the amount of $263,510.00 to Marine
Engineering Contractors, Inc. for construction of the
chemical storage building at the Water Treatment Plant,
with funding from 441-5161-536-63.73 (Chemical Storage
Building).
2. Contract award in the amount of $96,062.00 to Glasgow
Equipment Service, Inc. for the removal and replacement of
three underground fuel storage tanks at the Environmental
Services complex, with funding from 334-6112-519-64.28
(General Construction Fund - Fuel Tanks).
3. Purchase award in the total amount of $413,025.00 to Comark
Government & Education Sales for the purchase of 83 laptops
and associated options (via Florida SNAPS contract in the
amount of $403,169) and memory to upgrade the existing 77
laptops at the Police Department (via Florida State
contract in the amount of $9,856), with funding from 334-
6111-519-64.29 (COPS More 98 Grant).
Recommend approval of the purchase and contract awards listed
above.
Ref: Bid. Agmemo. 9.7.99
Agenda Item No. ~.~.
AGENDA REQUEST
Date: August 24, 1999
Request to be placed on:
X Reqular Agenda Special Agenda
Workshop Agenda When: September 7, 1999
Description of item (who, what, where, how much): Staff requests
Commission Approval of a Bid award to Marine Enqineering Contractors,
Inc. for construction of the Water Treatment Plant, Chemical Storaqe
Building in the amount of $263,510.00 for the base bid. Funding is
available from New Capital Account #441~5161-536-63.73, Chemical Storaqe
Building (Budget Transfer attached).
ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO
Recommendation: Staff recommends approval of Bid award to Marine
Engineerinq Contractors, Inc~n t,~h~a~moun~t~ $263,510.00.
Department head signature ~-Z~-~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (required on all items involving expenditure of
funds ):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description ~/o ,~1~/-,~36 - ~J, X~ ~.~.r~,~'~/~r~,q~ ~/~
Account Balanc~ ~ ~ ~/ ~~~~c~j = ~ ~D
City Manager Review:
Approved for a~end~:~/~O
Hold Until:, '
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Dis approved
S: kEngA~n~Proj ects ~ 97 k 97 -003 ~OFFICIALkMarine. ag. doc
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: C. Danvers Beatty, P.~
Deputy Director of Ut
ili~.'~--~
DATE: August 24, 1999
SUBJECT: Water Treatment Plant, Chemical Storage Bldg.
Project Number 97-003
Attached is an Agenda Request, location map and Tabulation of Bids opened on August 19,
1999 for construction of the subject project. The firm of Marine Engineering Contractors, Inc. is
the apparent lowest responsive bidder with a total proposal of $263,510.00 for the base bid. The
original construction budget for the project was $250,000.00.
Based on their proposal and satisfactory performance of past work in the City, we are
recommending award of the project to Marine Engineering Contractors, Inc. in the total amount
of $263,510.00 for the base bid. Funding will be from 441 -5161-536-63.73, Chemical Storage
Building. Appropriate budget transfers are attached.
Please place the item on the September 7, 1999 Agenda for consideration by City Commission.
CDB/cdb
Att:
cc: Richard C. Hasko, Director of Environmental Services
City Clerk
Agenda File
S:\EngAdmin\Projects\97\97-003\OFFIClAL\Marine.mem.doc
S:~Eng.4dmin~Projects197197-OO3~OFFIClAL~larine.mem. doc
Agenda Item No. ~'.~.~.
AGENDA REQUEST
Date: August 30, 1998
Request to be placed on:
X Regular Agenda
~. Special Agenda
~ Workshop Agenda When: September 7, 1998
Description of item (who, what, where, how much): Staff requests City Commission approve a
construction contract with Glasgow Equipment Service, Inc., the lowest responsive bidder, in the
amount of $96,062.00, for the removal and replacement of three underground fuel storage tanks at
the Environmental Services Complex. Funding is available from the General Construction Fund/
Fuel Tanks, account No. 334-6112-519-64.28.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends City Commission approve a construction contract with
Glasgow Equipment Service, Inc. in the amount of $96,062.00 for the removal and replacement of
three underground fuel storage tanks at the Environmental Services Complex.
Department head signature: ~_~~') . ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~;i~ed on all items involving expenditure of funds):
Funding available: YE~..~NO ___
Funding alternatives (if applicable):
Account No. & Description 334-6112-519-64.28 General Construction Fund,
Fuel Tanks. - ~bl,o LOor-Y.~
Account Balance ~ IL~l, $~q o_4~ 0/'~ t[!,51 )~q ~ .O '
City Manager Review: '
Approved for agenda:/YiCI~NO
Hold Until:~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~...~98032~agreq090799
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majtenyi/~~
Assistant Construction Manager
Date: August 30, 1999
Subject: AGENDA REQUEST for 9/07/99
ESD Complex Underground Fuel Storage Tank Replacements
Project No. 98-032
Attached is an Agenda Request for City Commission approval of award of contract to Glasgow
Equipment Service, Inc., for the removal and replacement of three underground fuel storage tanks
at the Environmental Services Complex, with three underground double wall fiberglass tanks.
On Thursday, August 19, 1999, the City opened bids for this project, with the lowest responsive
bid at $96,062.00 from Glasgow Equipment Service, Inc. A copy of the bid tabulation is attached
for your review. A check of the contractor's references proved favorable.
Staff recommends the City Commission approve an award of contract to the lowest responsive
bidder, Glasgow Equipment Service, Inc., in the amount of $96,062.00 for the ESD Complex
Underground Fuel Storage Tank Replacements project. Funding is available from 334-6112-
519-64.28, General Construction Fund/Fuel Tanks.
CC; Richard Hasko; Director of Environmental Services
Howard Wight: Deputy Director of Construction, ESD
File 98-032 (A)
s\...\98032~agmem090799
AGENDA ITEM NUMBER: ~'.,~--.. 3.
AGENDA REQUEST
Request to be placed on:
Date: August 31, 1999
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
When: September 07, 1999
Description of agenda item:
Purchase award from Comark Government & Education Sales for the purchase of eighty-three
(83) laptops and purchase of memory to upgrade seventy-seven (77) existing laptops via the
Florida State Contract and Florida Snaps Agreement Contract for a total amount of $413,025.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve purchase of laptops and memory upgrade to Comark Governmene & Educations
Sales for a total amount of $413,025. Funding from account code 334-6111-519-64.29, Cops
More 98 Grant, Project #99-052.
Department Head Signat~~ ~~,,~~
Determination of Consistency vi/th-Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required~tD.a~em~ in¥olving expenditure of funds):
I
Funding available: Yes ~ No
Funding alternatives: (if applicable)
(~ Account Number: '~'2'~"[0111~'-'~l~.~q-~.~ ('z~'0% ~ ~f
Account Description: ~0~<~ - (D~<~D(~ 1
Account Balance:
City Manager Review:
Approved for agenda: ~ ~,i '~'['l No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor
THROUGH: Joseph S~~ance Director
DATE: September 01, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
SEPTEMBER 07, 1999 - PURCHASE AWARD LAPTOPS
FOR POLICE DEPARTMENT AND MEMORY UPGRADES
FOR EXISTING LAPTOPS FROM COMARK
Item Before Commission:
The City Commission is requested to approve the purchase of eighty-three (83) laptops and the
purchase of memory to upgrade existing seventy-seven (77) laptops from Comark Government &
Education Sales for a total amount of $413,025 via the Florida State Contract and Snaps
Agreement Contract.
Background:
The Police Department is in need of purchasing eighty-three (83) laptops and associated options
to replace existing outdated technology. These laptops are available from Comark Government
& Education Sales via the Florida Snaps Agreement Contract #2501401 for a total amount of
$403,169. In addition, the Police Department needs to purchase memory to update the existing
seventy-seven (77) laptops for a total amount of $9.856. This memory is also available from
Comark via the State of Florida Contract #250-040-9901.
Comark Government & Education Sales has agreed to extend these prices to the City of Delray
Beach per attached quotes dated August 23 and August 20, 1999.
The Police Department recommends award to Comark Government & Education Sales per
attached memos from Support Services Division dated August 23, 1999.
Recommendation:
Staff recommends the purchase of eighty-three (83) laptops and seventy-seven (77) memory
upgrades from Comark Government & Education Sales for a total amount of $413,025. Funding
from 334-6111-519-64.29, COPS More 98 Grant, Project #99-052.
Attachments:
Memos from Police Department
Memo & Quotes from Comark Government & Education Sales
Dekay Beach Police Department
Memorandum
TO: Director David Junghans
Adnfini~trative Services Division
FROM: Asst. Director Tina L~ Lunsford ~
Support Services Division
DATE: August 25, 1999
SUBJECT: Requi~tion ~'/3629
Attached you will find the quote off of the Florida SNAPS Contract #2501401 held by
COMARK Government & Education Sales for the purchase of 83 laptops and associated
options as outlined in the COPS More 98 Grant, Project #99052.
These laptops were approved in the grant to replace existing outdated technology.
The funds are available out of account #334611151964.29
Please forward this request to Purchasing. Your prompt action will be appreciated.
Attachment
Delray Beach Police Department
Memorandum
TO: Director David Jungham
Administrative Services Division
FROM: Asst. Director Tina L. LunsfordC~
Support Services Division
DATE: August 25, 1999
SUBJECT: R~ni~ition ~3644
Attached you will find the quote off of the State of Florida Client Server Contract #250-
040-99-1 held by COMARK Government & Education Sales for the purchase of memory
to upgrade our existing 77 Panasonic Toughbook 25 laptops as outlined in the COPS
More 98 Grant, Project #99052.
The funds are available out of account #334611151964.29
Please forward this request to Purchasing. Your prompt action will be appreciated.
Attachment
TO: DAVID T. HARDEN, CITY MANAGER
FROM: JA~T MEEKS; S~R PLANNER
SUBJECT: MEETING OF SEPTEMBER 7, 1999
CONDITIONAL USE REQUEST TO ESTABLISH A BANK WITH A DRIVE THROUGH
FACILITY IN THE CENTRAL BUSINESS DISTRICT (CBD) AND TO ALLOW FOR A
BUILDING HEIGHT OF 54 FEETTO BE LOCATED AT THE CURRENT SITE OF THE
REPUBLIC SECURITY BANK (SOUTH SIDE OF NE 1sT STREET, BE~EEN NE 5TM
AVENUE AND NE 6TM AVENUE).
The development proposal is to demolish the existing Republic Security Bank building and construct a
mixed use development for a project to be known as Town Square. Town Square will consist of a stand
alone 17,380 sq. ff. 4-sto~ bank building with a height of 54' and a drive through facility. In addition, 22
3-story townhouse units are proposed, which front on NE 1s~ Street and NE 6~ Avenue. The Conditional
Use requests are to establish a bank with a drive through facility and to allow a building height of 54'
(heights over 48' required Conditional Use approval). Additional background and an analysis of the
requests are found in the attached P & Z Board Staff Repod.
At its meeting of August 16, 1999 the Planning and Zoning Board held a public hearing in conjunction
with the Conditional Use requests. Several members of the public spoke in favor of the requests. After
reviewing the staff mpo~, the Board voted 6-0 (Cader stepped down) to recommend approval of the
Conditional Use requests to establish an office building having a height of 54' and a drive through
banking facility subject to conditions.
By separate motions:
1. Approve the request for Conditional Use for Town Square to allow a height of 54' based upon
positive findings with respect to LDR Section 4.3.4(J)(4)(b) (Height Allowance Criteria) and Section
2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations; and
2. Approve the request for Conditional Use to establish a bank with drive-through for Town Square
based upon positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the
Comprehensive Plan;
Said approvals to be subject to the following conditions:
Approval of a site plan by SPRAB that is in general conformance to the submitted sketch
plan, and that addresses the site visibility issues raised in this report.
Submission of a traffic statement prior to action on the site plan.
Attachments: P& Z Staff Report and Documentation of August 16, 1999
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 16, 1999
AGENDA ITEM: V.E.
ITEM' Conditional Use Request to Allow Within the CBD (Central Business District):
1) Drive Thru Facilities Associated With a Bank
2) A Building Height of 54 feet
For Town Square, a Mixed-Use Project (Residential and Office), Located on the South
Side of N.E. 1s~ Street, Between N.E. 5m Avenue (Southbound Federal Highway) and N.E.
6tn Avenue (N°rthb°und Federal Highway)'
GENERAL DATA: _
Owner ............................................ 100 North Federal, Inc. ,-~-. 2~"~-
Applicant~ . ........................................ Ironwood Properties, Inc. t L
Lo~abon ......................................... South side of N.E. 1st Street,
between N.E. 5th Avenue -
(Southbound Federal Highway) and
N.E. 6th Avenue (Northbound
Federal Highway) ,.--.
Property Size ................................. 1.59 Acres ~/......~~
Existing Future Land Use Map
Designation .................................... Commercial Core
Current Zoning ............................... CBD (Central Business District)
Adjacent Zoning ................... North: CBD
South: CBD A T L A N T I C A V E N U E
Existing Land Use .......................... Two-story retail banking facility withdrive_thru, and perimeter parking ~~, I '~~>~
Proposed Land Use .......................simplethruF°Ur-st°rY office building with drive-banktownhomesfaCilities and ..... 22 fee
Water S~rv~ce ................................ Existing on site ,
Sewer Service ................................ Existing on site
¥.!=.
ITEM BEFORE THE BOARD
The action before the Board is making a recommendation to the City Commission on
the following requests for Conditional Use approval pursuant to LDR Section 2.4.5(E):
;> to establish a bank with a drive through facility in the Central Business District (CBD)
and
~ to allow for a building height of 54 feet
The requests are in conjunction with Town Square, a proposed mixed-use development
to be located at the current site of The Republic Security Bank (south side of NE 1st
Street, between NE 5th Avenue and NE 6th Avenue).
BACKGROUND/PROJECT DESCRIPTION
The 1.59 acre site consists of Lots 1-4 and 8-13, Block 108, Town of Delray. The site
contains a 2-story 6,020 sq.ft, bank which was built in 1972. The bank is located in the
southwest corner of the site with 3 drive-thru lanes situated on the south side of the
building. Parking lots are situated in the northeast portion of the site and contain 34
parking spaces. A utility easement bisects the site north/south and contains water and
sewer mains. This area was an alley that has been abandoned.
The conditional use requests involve the establishment of a 4-story office building with a
drive-thru facility and a height of 53.8' to the mid-point of the roof. The height of the
structure to the top of the roof will be 59.4'. The development proposal consists of the
following:
:> Demolition of the existing bank building, drive-thru facility, and associated parking;
~> A new 17,380 sq. ft. 4-story office building, with Republic Bank on the ground floor;
:> A new drive-thru facility with three lanes and one ATM lane;
> Twenty-two (22) 3-story two bedroom townhomes that contain approximately 1,392
sq. ft. each;
> Abandonment and relocation of the north/south water and sewer mains that bisect
the site;
> Installation of 7 new off-site parking spaces within the NE 1st Street right-of-way; and
> Installation of 79 parking spaces, dumpster enclosure, and landscaping throughout
the site.
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 2
The applicant has submitted the following narrative, which describes the Conditional
Use requests:
"With respect to LDR Section 4.4.13(D)(7), Drive-thru, the drive-thru facility will
be attached to the office bu#ding with a flat roof, and will be finished with the
same exterior finishes as the office building. The drive-thru facility will be
operated by Republic Security Bank, who will also occupy the entire first floor of
the office building (3,950 sq. ft.). There will be 3 drive-thru teller lanes and 1 drive-
thru A TM machine lane. The hours of operation will be normal banking hours for -
the 3 teller lanes - Monday-Friday 8:30 a.m. to 5:00 p.m. (6:00p. m. on Friday)
and 24 hour A TM access.
With respect to LDR Section 4.3.4(J)(b) - Building Height, the mid point of the
office building roof is 53.8'. The reason the roof extends beyond the current LDR
mid-point height limit of 48' are: 1) the higher pitched roof is more compatible
with Delray's architecture, and the Bermudian architecture projected by the office
building, and 2) comparable Class-A office buildings require 10' minimum interior
ceiling heights. With 10' interior ceiling heights and 1 ~' to 2' between each floor
for mechanical installations, we would exceed 48' in building height with a fiat
roof. The LDR section does not contemplate current market conditions for Class
A office space interior ceiling heights."
CONDITIONAL USE ANALYSIS : JJ
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 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 zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of CC (Commercial
Core) and a zoning designation of CBD (Central Business District). The zoning
district is consistent with the CC Future Land Use Map designation and "bank
with drive-thru facility" is listed as a Conditional Use in the CBD district [LDR
Section 4.4. (D)(6)]. Pursuant to LDR Section 4.3.4(J)(4)(b), an increase to the
maximum building height of 60' may be approved by the City Commission
pursuant to the processing of a Conditional Use.
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 3
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:
El The existing 4" water main that bisects the property (north/south in the former
alley) is to be removed. A new 8" main will be looped throughout the site
connecting to the 4" main at the south end of the property, and to a new 8" main
at the northwest corner of the site that is to be located within NE 15t Street. This
main is to be extended from the existing 12" main along the west side of NE 5th
Avenue to the existing 4" main at the north end of the property.
The existing 8" sanitary sewer main that bisects the property (north/south in the
former alley) is to also be removed and rerouted. The new 8" sanitary sewer
main is to be extended 200' south of the site from an existing manhole to a
manhole that terminates along the south side of the townhouse row that fronts on
NE 15t Street.
Utility easements must be obtained from the adjacent property owner to the south as
portions of the relocated mains will not be contained in an easement or the alley right-
of-way. This item can further be addressed with the processing of the site plan and plat
associated with this development.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out. Based upon the above, positive findings can be made with respect
to these level of service standards.
Draina.qe:
The paving and drainage plans indicate that drainage will be accommodated by an
exfiltration trench system to be located within the parking lot areas. There are no
problems anticipated in accommodating on-site drainage. Thus, positive findings with
respect to this level of service standard can be made.
Streets and Traffic:
The subject property is located in the City's TCEA (Traffic Concurrency Exception
Area), which encompasses the CBD, CBD-RC, and OSSHAD, as well as the West
Atlantic Avenue corridor. The TCEA exempts the above-described areas from
complying with the Palm Beach County Traffic Performance Standards Ordinance.
Therefore, a traffic study is not required for concurrency purposes, however a traffic
statement is necessary to keep a record of trips approved in the TCEA and for
calculation of traffic impact fees. The applicant has submitted a statement, which
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 4
indicates that development will generate 1,112 average daily trips. This is 208
additional trips beyond what is being generated by the existing two story bank building
and drive-thru facility.
Pursuant to LDR Section 2.4.3(E)(3), Transportation Demand Management (TDM): if a
new development in the TCEA will add use area or will establish a new use that will
result in the addition on the premises of more than 50 employees, the application shall
include submittal of a program to implement employer-based TDM activities. These
activities may include, but are not limited to: ride sharing, van pooling, and flexible work
hours.
The proposed four-story office building will have a leasable floor area of approximately
14,000 sq.ft. The Republic Bank will occupy the first floor, and is expected to have 7-10
employees. Banks typically have off-peak hours, which will help reduce traffic
congestion. The remaining three floors are as yet unleased, and it is not clear if they
will be occupied by one or several tenants. If the total number of employees on the
premises is 50 or more, the property owner will have to work with the tenants to ensure
that TDM activities are implemented.
Parks and Open Space:
Park dedication requirements do not apply for the nonresidential uses (bank/office
building). The proposed 22 residential units will not have a significant impact with
respect to level of service standards for parks and recreation facilities. Pursuant to LDR
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to
issuance of a building permit for each unit. A total fee of $11,000 will be required of this
development for parks and recreation purposes.
Solid Waste:
Trash generated each year by the 17,380 sq.ff, office building is 45.18 tons of solid
waste [17,380 sq.ft, x 5.2 lbs. =90,376 lbs./2000 = 45.18 tons]. Trash generated each
year by the 22 units is 11.44 tons of solid waste per year (22 units x .52 tons of solid
waste per year = 11.44 tons). The mixed-use development will generate a total of 56.63
tons of solid waste per year. The trash generated by this proposal can be
accommodated by existing facilities, therefore, a positive finding with respect to this
level of service standard can be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request 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
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant
Planning and Zoning Board Staff Report
Conditional Use Approval- Town Square
Page 5
to the Conditional Use applications (drive-thru facility and building height) were
found.
Future Land Use Element Objective A-l Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
The property is developed and contains a bank building and associated parking. There
are no special physical or environmental characteristics of the land that would be
negatively impacted by the proposed mixed-use development. There are several large
oak and mahogany trees on the property, many of which the applicant proposes to
preserve and relocate elsewhere on the site. The development will be complimentary
with the surrounding commercial developments. There has'been a bank on this site
since the 1970's, and its continuance should pose no problems to adjacent properties.
In terms of fulfilling remaining land use needs, the proposal will provide attractive
modern office space in a traditional-style building, which is lacking in the downtown. In
addition, the Housing Element of the Comprehensive Plan calls for the provision of infill
housing in the downtown. As 22 units will be provided in the downtown area, this
development will help to meet this need.
Commercial Core Future Land Use Map Designation -The Future Land Use
Element (FLUE) describes the Commercial Core designation as follows: This
designation is applied to the community's downtown area. It includes a
substantial portion of the Transportation Concurrency Exception Area described
in the Future Land Use Element and graphically shown in Figure L-8. The
Commercial Core designation accommodates a variety of uses including
commercial and office development; residential land use upper story apartments;
older homes renovated to accommodate office use; and uses such as "bed and
breakfast" establishment; and industrial/commerce type uses. Objective C-4 of
the FLUE states further that "The continued revitalization of the CBD is essential
to achieving the overall theme of the City's Comprehensive Plan of 'A City Set
Apart in South Florida.'
The proposal is to convert an existing single-user site to a mixed use development that
will include a banking facility, offices, and fee simple townhomes. It is consistent with
the goal of accommodating a variety of uses within the downtown, particularly those that
include a residential component. The office component will help to increase the
employment base in the downtown, which will in turn help to support the existing retail,
service, and restaurant uses. The project is consistent with the objective to revitalize
the City's central business district.
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 6
Housin_cl Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The subject property is located in the commercial core of the City and surrounded by a
mix of commercial uses (i.e. restaurant, retail uses, offices, and bank). The
development will not increase noise, odor, or dust, and is located between the Federal
Highway pairs which can accommodate large volumes of traffic. The nearest
residential neighborhood is the multi-family area along NE 7th Avenue, north of NE 1st
Street, which is a block away. The project includes a residential component of
traditional urban townhomes that will be compatible with, and may even enhance the
value of, properties located within that neighborhood.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Structures in the CBD may generally be no more than 48 feet high, unless conditional
use approval is granted to go up to 60' in height. Height is measured from the crown of
the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed
office building has a pitched roof, and will measure 53.8' to the midpoint.
Pursuant to LDR Section 4.3.4(J)(4)(b), the City Commission can approve the
increase in height request based upon a finding of compliance with each of the
enumerated criteria listed below (i, ii, iii).
(i) That the structure is to be located in one of the following geographical
areas:
(9) Area "1" - all property within the CBD (Central Business District)
except for property lying east of the Intracoastal Waterway.
The subject property is zoned CBD and is located west of the Intracoastal
Waterway.
(ii) That the increase in height will not provide for, nor accommodate, an
increase in the floor area (within the structure) beyond that which could be
accommodated by development which adheres to a height limitation of 48
feet.
The increase in height is requested to accommodate a 10' ceiling height
on each of the four floors, and 1~'-2' between each floor for mechanical
fixtures. There will be no increase in floor area as a result of the
increased height.
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 7
(iii) That the increase in height is based on or will result in one or more of the
following:
(1) A demonstrable need that, in order to accommodate the nature of a
particular use or a particular matter or type of construction, a greater
than normal space between floors or height of story is necessary; or
(2) That 75% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation; or
(3) That for each floor in height above 48', an additional building setback
of two feet is provided from the building setback lines which would
be established for a 48' tall structure. The additional setback is
required from all setback lines (i.e. front, side, and rear).
The proposal meets criteria number (1) above. The height is necessary to
accommodate a 10' ceiling height on all four floors and 1~' - 2' between
floors for mechanical equipment, as well as provide an attractive pitched
roof as opposed to a fiat one. The increase in ceiling height will allow for
attractive office space that is competitive with other first class offices.
A finding of compliance with each of the enumerated criteria listed above can be made
to support the request to allow a structure that is greater than 48' in height.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered on the north, south, east and west by CBD zoning.
The adjacent land uses inlcude: to the north, across NE 1st Street, Giancarlo's Pizza
and Delray Verticals; to the south the parking lot for the Colony Hotel; to the west,
across NE 5th Avenue, Fountain Square (offices) and Washington Mutual Bank; and to
the east, across NE 6th Avenue, Carole Financial Plaza (offices).
The existing bank with drive-thru lanes has co-existed with the adjacent commercial and
office uses since 1972 with no known compatibility issues. The drive-thru lanes will be
located along the east side of the building (interior to the site) instead of along the south
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 8
side of the building which will be less impacting on the adjacent property. The drive-thru
lane will be buffered interior to the site from the proposed residential units by a large
landscape bed that will contain mature relocated trees. Along the south property line an
existing 13' high ficus hedge that is to be retained will buffer the Colony Hotel site.
Based on the above, the proposed use will not have an adverse impact on the
surrounding area nor will it hinder development or redevelopment of nearby properties.
The proposed height of 53.8' is not a concern for this site. The bank building is situated
in the southwest portion of the site with the townhouse units situated to the north and
east. The Colony Hotel is located approximately 200' to the south and is 3 stories high
(approximately 40'). The townhouse units will be 35' in height and will provide a height
transition between the bank building and the one-story commercial uses on the north
side of NE 1st Street. They will also provide for a transition between the bank building
and the 2-story 22' high office building (Carol Financial Plaza) located to the east across
NE 6th Avenue. The office building is separated from the one-story structures on the
west side of NE 5th Avenue by the 60 ft. right-of-way and a building setback that ranges
from 10 to 14 feet. The mixed-use development has been strategically designed to
create the least impact on adjacent properties. Based on the above, a finding can be
made that the additional height above 48' will not have an adverse impact on the
surrounding area, and will not hinder redevelopment of nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which has been reviewed by staff. If the Conditional Use is approved, a full site
plan submittal complying with LDR Section 2.4.3 will be required. Based upon
staff's review of the sketch plan and site inspections, the following "Items of
Concern" has been identified and will need to be addressed with revised plans.
Parkin_q:
Pursuant to LDR Section 4.4.13(G)(1)(a) within that portion of the CBD bounded by
Swinton Avenue on the west, NE 1st Street on the north, the Intracoastal Waterway on
the east and SE 1st Street on the south, parking requirements for new non-residential
floor area shall be at the rate of one space for each 300 square feet. Based on the
above, the 17,380 sq. ft. bank building requires 58 spaces. Pursuant to LDR Section
4.6.9(C)(2)(c), two bedroom dwelling units are to provide 2 spaces per unit and guest
parking shall be provided cumulatively as follows: for the first 20 units, 0.5 spaces per
unit and for units 21-50, 0.3 spaces per unit. Based on the above, 56 parking spaces
are required for the residential units, or a total of 113 spaces.
At the time of the writing of this staff report, the City Commission has approved on first
reading a change in the parking requirements for mixed-use developments in the CBD.
This is considered zoning in progress, and the new requirements will be applied to this
project. The changes allow for a reduction in parking based on the sharing of spaces by
uses that have varying peak times of usage. Under the mixed use calculation, the
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 9
parking required for the development is 91 spaces. Pursuant to LDR Section
4.4.13(G)(1)(b), when parking requirements are applied to new development or a
change in use, said parking requirements may be reduced by one parking space on a
one-time only basis. This reduces the project total to 90 spaces.
As currently designed, the project provides 84 spaces on site and 7 new parallel spaces
(in addition to two existing spaces) within the NE 1st Street right-of-way for a total of 91
spaces. However, the spaces within the right-of-way cannot be counted toward
meeting the requirement, leaving a deficit of 6 spaces. The applicant has indicated that
he will pay the allowable in-lieu fee for those spaces. At $12,000 per space that
amounts to $72,000. While the 7 spaces along NE Ist Street cannot be counted toward
meeting the parking requirement, the cost of their installation can be credited against
the in-lieu fee for the parking deficit [LDR Section 4.6.9(E)(3)(e)]. This issue will be
addressed further at the time of site plan review.
Section 4.6.9(D)(3)(c): Stackinq Distance
A minimum stacking distance of 50 feet is required between a right-of-way and the first
parking space or aisleway in a parking lot having 51 or more parking spaces. This
regulation generally assumes that there is only one point of access onto the street. The
proposed plan provides three access points, two of which provide 20 feet of stacking
and one which provides 26 feet, for a total of 66 feet. This should allow for an adequate
distance for cars entering and exiting this site to stack.
This LDR Section states further that drive-thru facilities shall provide 100' of clear
stacking distance from the first point of transaction. The site plan includes four drive-
thru lanes (one of which is an ATM machine) that have approximately 76' of stacking
each. Again, the fact that there are multiple drive-thru lanes makes it unlikely that
vehicles in any one lane will stack out into the drive aisle.
Formal waivers to these regulations must be applied for and granted by the Site Plan
Review and Appearance Board (SPRAB).
Section 4.6.14: Visibility at Intersections:
When property abuts the intersection of 2 public rights-of-way, all landscaping within the
triangular area (2 sides of the triangular area being 40' in length along the abutting
public right-of-way lines, measured from their point of intersection, and the third side
being a line connecting the ends of the other 2 lines) shall provide unobstructed cross-
visibility at a level between 3' and 6' in height. Not only does the landscaping at the
northeast corner of the site (at the intersection of NE 1st Street and northbound Federal
Highway) encroach into this sight visibility triangle, but a corner of a townhouse unit
does as well. NE 1st Street is currently one-way westbound, therefore there is not the
same concern with visibility that there would be at an intersection with opposing traffic.
However, there has been discussion in the past among City officials regarding the
possible conversion of this street and SE 1st Street to two-way traffic. If the conversion
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 10
is implemented traffic heading eastbound may have difficulty seeing the northbound
Federal Highway traffic unless the landscaping is significantly reduced. Additionally, at
the P & Z workshop meeting of August 9th, the Board expressed concern that traffic
turning west from northbound Federal Highway might have difficulty seeing cars pulling
in and out of the parallel parking spaces nearest the intersection.
The applicant has provided the following narrative: "a continuous building and
landscaping are integral to the project in projecting a downtown, urban design that
obscures the parking area on the interior of the site. While it is safe to assume that
Federal Highway will never be two-way traffic, in the event NE 1st Street were ever to
become two-way, we will provide in the Town Square Homeowner documents that the
landscaping at the corner of NE 1st Street and NE 6th Avenue will be altered to conform
with this requirement. Further, we will modify the site plan to move the landscape island
at this comer further north." These measures would help to improve visibility in the
event that the traffic pattern is changed. With regard to the parallel parking, the
easternmost space could be eliminated without affecting the parking requirement. This
would provide approximately 60' between the Federal Highway edge of pavement and
the first parking space. This issue can be addressed further with the site plan, and a
specific condition of approval can be imposed.
Right-of-Way Dedication:
Per LDR Section 5.3.1 right-of-way dedications to meet minimum standards must be
made with all developments. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-
way width for NE 1sT Street is 60' and only 50' currently exists. For existing streets,
reductions in right-of-way may be granted by the City Engineer upon a favorable
recommendation from the Development Management Services Group (DSMG). The
City Engineer and DSMG have reviewed the request for a reduction in right-of-way
width and have determined that the existing right-of-way width of 50' is sufficient for NE
1st Street.
Community Redevelopment Agency (CRA)
The CRA reviewed the conditional use requests at the meeting of July 22, 1999, and
unanimously recommended approval of the project with a recommendation that City
staff work with the applicant regarding the parking deficiency. Subsequent to that
meeting the applicant submitted the current revised plans, which provide additional
parking beyond what was contained in the original plan.
Downtown Development Authority (DDA)
The DDA reviewed the development proposal for Town Square it its meeting of July
21st. They expressed some concern regarding visibility at the points of access to the
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 11
site, but recommended approval of the project subject to the provision of adequate
lighting.
Site Plan Review and Appearance Board (SPRAB):
If Conditional Use approval is granted, a revised site plan must be submitted
accommodating the concerns raised through the conditional use petition, and
addressing outstanding technical items. Final action on the site plan modification will
rest with the SPRAB (Site Plan Review and Appearance Board).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of
the subject property. Letters of objection or support, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations which
have requested notice of developments in their areas:
> Delray Beach Chamber of Commerce
> Progressive Residents of Delray (PROD)
I.
II ss ssM . co.c us o. IJ
The proposed conditional uses are for the establishment of a drive-thru bank facility,
and an office building having a height in excess of 48 feet (maximum of 54'). The bank
is to be located on a site that already contains a bank building with a drive-thru. The
use and proposed height of the building are appropriate at this location given the
surrounding commercial uses and the transition from the proposed townhomes. The
request for additional height meets the criteria established in 4.3.4(J)(4)(b), The
combination of housing units in and near the downtown area and first class office space
will help in the long term revitalization of the CBD. The proposed use is consistent with
the policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5)
regarding compatibility of the proposed use with surrounding properties.
A. Continue with direction.
Planning and Zoning Board Staff Report
Conditional Use Approval - Town Square
Page 12
B. Recommend approval of the Conditional Use requests for the establishment of a
bank facility with drive-thru and a building height of 54' for Town Square, based
upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and
Chapter 3 (Performance Standards) of the Land Development Regulations, and
the policies of the Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use requests for the establishment of a
bank facility with drive-thru and building height of 54' for Town Square based
upon a failure to make positive findings with respect to Section 2.4.5(E)(5)
(Compatibility).
By separate motions:
1. Recommend approval of the request for Conditional Use approval for Town Square
to allow a height of 54' based upon positive findings with respect to LDR Section
4.3.4(J)(4)(b) (Height Allowance Criteria) and Section 2.4.5(E)(5) (Conditional Use
Findings) of the Land Development Regulations, and
2. Recommend approval of the request for Conditional Use to establish a bank with
drive-thru for Town Square based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the
Land Development Regulations, and the policies of the Comprehensive Plan;
Said approvals to be subject to the following conditions:
Approval of a site plan by SPRAB that is in general conformance to the
submitted sketch plan, and that addresses the site visibility issues raised in
this report.
Q Submission of a traffic statement prior to action on the site plan.
Attachments:
· Location Map
· Site Plan and Elevations
PZ:PZTOWNSQUARE
N.J. 2ND SI.
N.E. 1ST ST.
" ! ATLANTIC
i" PLAZA
ATLANTIC AVENUE
S.E. ~ST ST. .
~ TOWN SQUARE
CITY OF O[LRAY B~ACN, FL
---- DIG~TAt ~$E ~ ~EM -- ~P REF: LW363
.... N.E. 5TH AVENUE (Southbound Federal .H. ighwsy)
N.E. 6TH AVENUE (Northbound Federal Highwsy)
SFFE PLAN
TOWN SQUARE for
IRONWOOD PROPERTIES
IRONWOOD PROPERTIES, INC.
DIANEDOMINOUEZ, PLANNING DIRECTOR
THRU:
SUBJECT: MEETING OF SEPTEMBER 7, 1998 REGULAR AGENDA*
APPROVAL OF AN IN -LIEU PARKING FEE FOR GROVE
SQUARE
The action requested of the City Commission is that of approval of an in-lieu parking
fee for Grove Square (Block 85 Redevelopment), pursuant to LDR Section
4.6.9.(E)(3). The subject property is located on the east side of SE 2nd Avenue,
between East Atlantic Avenue and SE 1st Street (immediately south of City Limits
Restaurant).
The Redevelopment of Block 85 (Grove Square) was approved in August 1995, as
a mixed use project with restaurant/retail uses in phase one (now completed) and
office/residential in phase two. At its meeting of August 25, 1999, the Site Plan
Review and Appearance Board approved a site plan modification associated with
the build-out of the development. The modifications involve the construction of a
11,638 square foot 4-story office building (rather than a 12,328 sq. ft. 4-story mixed
use building) and a 144 sq. ft. storage area addition within Phase I. A condition of
that approval was the payment of an in-lieu fee for one (1) parking space.
The proposal requires 40 parking spaces. The code provides that the requirement
may be reduced by one parking space on a one time basis. Thirty-eight parking
spaces have been provided resulting in a deficiency of one space ($12,000 in-lieu
parking fee). Per LDR Section 4.6.9(E)(3)(e), the fee of $12,000 will be reduced by
an amount equal to the cost of constructing parking spaces in the adjacent right-of-
way. The applicant proposes the construction of three (3) on-street parking spaces
along SE 2n° Avenue, directly in front of the project.
By motion, approve the in-lieu parking fee for Grove Square.
Attachment: Location Map ~'
N.W. 2ND ST. N.£. 2NO ST.
HALL t ~' ,
N.W. 1ST ST. N.E. 1ST ST.
COMMUNITY ~ 2 ! ,.',
CENTER :~ ~ ~
< OLD
SQUARE ~.
ATLANTIC AVENUE
S.W. 1ST ST. S.E. 1ST ST.D~,~,~ j~J
o ~~~11
S.W. 2ND ST. S.E. 2ND ST. /
~ GROVE SQUARE
aT¥ or ~ELR*~ .E^C.. ~L ° PHASE II -
PL&NNJNG ~ ZONING DEPARTMENT
DIGITAL ~9,4S£ ii, tAP SYSTEM -- MAP REF: LM369
[ITY OF DELAIIY BEI:I[H
AlI-AI11erJl~lCit~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
®TO: David T. Harden
City Manager
1993
FROM: ~l~Robert A. Barcinski
" Assista. t City Manager
DATE: August 31, 1999
SUB3ECT: AGENDA ~TEM CITY COMM/$S[ON MEET~G SEPTEMBER 7, 1999
APPROYAL - PARFdiWG LICENSE AGREEMENT/DAKOTA'S 624
ACTION
City Commission is requested to approve a Parking License Agreement with Dakota's 624 for
valet parking.
BA CKGR 0 UND
A request was received from Dakota's 624 to approve a Parking License Agreement for six (6)
spaces on the south side of Atlantic between the railroad tracks and SE 2nd Avenue. The
applicant has completed the standard agreement, has provided proof of a lease to utilize private
parking, and has provided a copy of the required insurance certificate. We will receive the
standard payment of $50.00 per month for each of the six (6) spaces requested to be used for the
parking queue. Dakota's will share the spaces with Hoot, Toot and Whistle. The Parking
Management Advisory Board at their meeting on August 24, 1999 recommended approval 6-0.
RE COMMENDATION
Staff recommends approval of the proposed Parking License Agreement with Dakota's 624 for
valet parking.
RAB/tas
File: u.'sweeney/agenda
Doc:083199c
THE EFFORT ALWAYS MATTERS ~. ~/ .
Printed o~ ,~ecycled Paper
PARKING LICENSE AGREEMENT
199_.~
THIS AGREEMENT ("The Agreement")is made thisat''' day of ~,
by and between the CITY OF DELRAY BEACI-I, a Florida Municipal Corporation (the
"CITY"), and "~/'15~ ~ b'~ 14 , a Florida corporation
("LICENSEE").
WITNESSETH:
WHEREAS, LICENSEE has requested permission to use a certain number of public
parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and
WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE
enter into this non-exclusive License Agreement.
NOW THEREFORE, in consideration of the ~'sum of Ten Dollars ($10.00), 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 panics
hereby agree as follows:
1. Incorporation of Recitals. The parties hereby represent and wan'ant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive
use of /-0 . (number) parking spaces located ~..'~[) ~' ~t~~ ~ ~ i~ ~
for valet parking queues. The parking spaces are to be used for valet parking queues daily
between the hours of ~_ p.m. toZ a.m. on (~~tg~-'~. (days
per week). LICENSEE acknowledges that the valet parking queues may be unavailable for
use during certain special events from time to time (as determined in the CITY's sole
discretion) and during the special events, the license will not be valid. It is also understood by
the terms of this Agreement that the valet queue location may from time to time be re-located
by the CITY in its sole discretion after providing thirty (30) days' written notice to
LICENSEE. The valet queues assigned may also be shared by other licensees who enter into
a "Valet Parking License Agreement" with the CITY. The City Police Department is assigned
enforcement responsibilities for the provisions of this agreement regarding the location, time,
days of the valet service, parking limitations and requirements, and compliance with all
applicable laws and ordinances.
3. Parking Locations/Agreements. LICENSEE agrees that it will not park any
cars in CITY owned on-street or off-street parking spaces. LICENSEE further agrees that
LICENSEE will provide the CITY with written assurances and/or a lease agreement for use
of a private parking lot(s). The private lot(s) must also comply with minimum City codes for
a parking lot(s). These assurances and agreements must be provided upon execution of this
License Agreement. Failure to comply with these conditions will be a basis for termination of
this License Agreement.
4. Pa3nnent for Parking Queue Spaces. LICENSEE agrees to pay the CITY
fifty dollars ($50.00) per month, per parking queue space utilized by the 10th of each month.
A late fee of 5 % will be charged after this date. If more than one License Agreement is issued
for the queues, the fee will be shared proportionately.
5. Signa~e. The CITY agrees to post the valet parking queue spaces with valet
parking times and days authorized. Sandwich board signs may not be used to advertise the
valet service. Advertising signs will be allowed as prescribed by the City's Manager or his
designee.
6. Valet Equipment. The LICENSEE'S operator may for the storage of keys
install a moveable, temporary, valet desk on the sidewalk, either public or private, during the
hours of valet service so long as the desk does not impede the pedestrian flow.
7. Term and Renewal. The term of this Agreement shall be for one year from
the date written above provided, however, the license for the parking queues for Saturday and
Sunday shall be for a period of six (6) months from the date written above. The license may
be renewed after six (6) months for the Saturday and Sunday parking queues and thereafter
annually and annually for the remaining dates and times by the City Manager following receipt
of a written notice from LICENSEE that LICENSEE desires to continue using the parking
spaces for valet parking queue, if the City Manager determines in his sole discretion that the
renewal is in the best interests of the CITY.
2
8. Revocable License. This Agreement is only a non-exclusive License
Agreement and may be revoked by the CITY at anytime without cause upon providing written
notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed.
9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state
laws and local ordinances regarding parking that exist or as amended from time to time.
LICENSEE further acknowledges that due to the high traffic in this area, double parlcing
unattended vehicles will not be permitted.
10. Notice. Notices required to be provided pursuant to this Agreement shall be
sent to the following addresses:
To CITY: David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33~.~.~.
To LICENSEE: ~~3 /o21.[
service in the amounts and under the conditions prescribed in Exhibit A and the City of Delray
Beach shall be named an additional insured.
12. Indemnification. In consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and
hold harmless the CITY from and against any and all claims, suits, actions, damages and/or
causes of action arising during the Term of this Lease for any personal injury, loss of life
and/or damage to property sustained in or about the parking spaces/queues by reason or as a
result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents,
employees, licensees, invitees, and members of the public generally, and from and against any
orders, judgments, and/or decrees which may be entered thereon, and from and against all
costs, attorney fees, expenses and liabilities incurred in and about the defense of any such
claim. In the event the CITY shall be made a party to any litigation commenced against
LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect,
defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred
by the CITY in connection with such litigation, and any appeals thereof.
13. 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.
14. Termination. LICENSEE acknowledges that the CITY may terminate this
non-exclusive License Agreement for cause for any violation of any terms and conditions
contained herein without notice unless otherwise specified, and this agreement shall be
immediately deemed null and void and shall have no further fome and effect. LICENSEE
will at all times comply with the City's policy/procedure for use of public parking
spaces/queues which shall change from time to time subject to the sole discretion of the City.
15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies,
assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes,
property taxes, and sales taxes that may be imposed.
16. Assignment. This Agreement shall not be transferred or assigned without the
express written consent of the CITY, which the CITY may withhold grants in its sole
discretion.
17. Further Assurances. The parties shall from time to time execute and deliver
such other and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
18. 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.
19. 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
4
between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
20. 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.
IN WITNESS WI~REOF, 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 Jay Alperin
Mayor
Approved as to form:
City Attorney
a F-lorida Corporation J '
By:~.
Nme
Title:
(CO~O~TE SE~)
STA~ OF
The forego~g ~ent was ac~owledged before me
(~e of omcer or agent, title of o~cer or agent), of ~~
(n~e of co~oration ac~owleagmg), a ~ ~O~ ~ ~ (state or place of
5
incorporation) corporation, on behalf of the corporation. He/h~s personally known to me or
has produced ~,,._'~". (type of identification) as identification.
~knowledgment
Name Typed, Printed or Stamped
valet parking.agt / $ig~_ edgment
6
EXHIBIT A
INSURANCE REQUIREMENTS FORM
1. Worker's Compensation per the Statutory limits of the State of Florida to include
Employer's Liability Insurance with limits of at least $100,000/$500,000/$ 100,000.
2. Garage Liability Insurance of at least $1,000,000 combined single limits per
occurrence to prot~t the City against all risks of injury to persons (including death)
or damage to property wherever located resulting from any action or operation under
the contract or in cbnnection with the work. This policy is to provide coverage for
premises/operations including auto liability, independent contractors, broad form
contractual liability, products/completed operations. The liability insurance coverage
shall extend to and include the contractual indemnity and hold harmless agreement
exactly as written in "Insurance Requirements", Section 9 of this RFP.:
3. Garage Keepers Insurance with limits of no less than $/50,000 per auto, with an annual
aggregate of $500,000.
4. Automobile Liability of at least $300,000 combined single limits per occurrence for
owned/non-owned/hired automobiles connected with the business.
5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as
additional insured on the liability policies; and it must be stated on the certificate.
6. Thirty (30) days written cancellation notice required.
7. Best's guide rating B+, VIII or better, latest edition.
Va[Ct pa~kin$ incutancc.sgt
GUARANTY
(Fred B. Devitt, Jr., and Betty P. Devitt, Lessor to Coast to Coast, Inc., Lessee)
FOR VALUE RECEIVED, and in consider~on for, and as an inducement to Lessor making
the within Lease with Lessee, the undersigned 8uarantees to Lessor, Lessor's heirs, legal
representatives, successors and assigns, the full performance and observance of all the covenants,
conditions and agreements therein provided to be performed and observed by Lessee, without
requiring any notice of non-payment, non-performance or non-observance; and the undersigned
expressly agrees that the validity of this Guaranty and the oblil~ations of the Guarantor hereunder shall
in no wise be terminated, affected or impaired by reason of the assertion by Lessor against Lessee of
any of the rights or remedies reserved to Lessor pursuant to the provisions of the Lease. The
undersigned further covenants and agrees that this Guaranty shah remain and continue in full force
and effect as to any renewal, modification or extension of the Lease.
Witness ~-- / -
Witness JSC~ INC., GUARANTOR
Witness
Dated
ofthe parkin$ lot locked on pfopert~ at 3_0_S.E. 4* Avenue, Delray Beach, Florida 334S3, to hold
the sarn~ for one month from ~~ ?~., nd .so on...f~, month to month until one
oftbe parties shall Sire to the otJbr one month's no6ce m writin8 ofhis intention to terninate the
lease at tim end ofthe foiJowi~ mm~h, to be used by said Less~ as n pm~ lot for ~utomobiles
contained in Schedule 'A" hereto attad~! and made a pan hereof.
For the duration ofthis kase, Temnt, st its expense, shall insure Landlord, ~'s ~
($~ Dollars For more than on~ person in any one occurrence. This buurnce shall
tn' ' ' -· forfi and throush m/nsurm~ ~ompmy ~or~ to Landlord and Tenant shall deposit th~
In case the Tenant shll default Jn tim performance ofany covenant or asmement herein
contained, m~d such default duff continue for ten days alta' ro~eipt by the Tenant of'written notice
tlar~ofglv~ by the Landlord, then the Landlord, ~t his option, uny dectnm said term ended, and may
re*enter upon the leased premises al, her 'with or ,withoul process of ¼w, mhd remove all persons
& Devitt and each of'its,tenant companies f~om any claim (x'demand on account ofthe liability herein
The lesse~ q;mes lo abide by tach rules ms mawr be established'fl'om lime to lime by the ~r
Lessor
The Less~ alp~es to pay to the Lessor as rem f'or hid premises the sum of
dohrs payable on the first day of'each month in advanc~ commencin~ on ~ ~. ~ ~ , 1 ~.
Lessee asFees to detail (wash, wax, vactmm) up to three vehicles for Lessor pm' month.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF SEPTEMBER 7, 1999
SPECIAL EVENT REQUEST/1sT ANNUAL DELRAY BEACH GLOBAL
FESTIVAL
DATE: SEPTEMBER 2, 1999
As a point of information, the proposed Global Fest special event
will be taking the place of the former Visions of Perfect Harmony
Festival which has taken place in the City for the past ten years
during the month of October.
It is not a new event that will require additional support. The
requested assistance is similar to that which has been provided
in previous years to Visions of Perfect Harmony.
Approval is recommended as outlined in Mr. Barcinski's attached
memorandum.
Ref:Agmemol2.Special Event.Global Fest.
£1TY OF DELAI:IY BEACH
DELRAY BEACH
J~[-I~ilI~[I~IC~I/ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
David T. Harden
City Manager
993
FROM: (q.[~obcrt A. Barcinski
~ ' Assistant City Manager
DATE: September 1, 1999
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 1999
SPECIAL EVENT APPROVAL - 1ST ANNUAL DELRAY BEACH
GLOBAL FESTIVAL
ACTION
City Commission is requested to endorse the First Annual Delray Beach Global Festival to be
held on October 23, 1999 from 10:00 a.m. - 10:00 p.m. on the grounds at Old School Square, to
grant a temporary use permit per LDR's Section 2.4.6(H) for the closure of NE 1 st Avenue from
Atlantic to the south of the gym, to provide for the use and set up of the large stage, to provide
staff assistance for trash removal, security, and barricading and to waive LDR's Section
4.6.7(D)(3)0)(ii) to allow event signage to be placed more than one (1) week prior to the event.
BA CKGR 0 UND
Attached are letters received from Charlotte Durante and Lisa Bright, co-chairs, describing the
event and assistance needed from the City. In addition to the assistance requested, they are also
requesting that event signage be constructed by the City and placed more than one week before
the event and that overtime be split 50/50. The estimated overtime for the event is $800.00
RECOMMENDATION
Staff recommends approval of the event, the temporary use permit, the waiver of the sign code to
allow that the signage be placed on October 11th, to provide staff assistance as requested and to
split the overtime 50/50. The sponsors will be required to provide liability insurance as well as a
hold harmless agreement.
RAB/tas
File: u : sweeney/agenda
Doc: Ist annual global festival
THE EFFORT ALWAYS MATTERS
Prlhted otl Recycled Paper
AUG--17--99 TUE 14:26 P. 01
RECEIVED
DELRAY BEACH GLOBAL FESTIVAL
600 N. coNsR .ss AV .NU , SUX? . 560 AU6 17 1999
DELRAY BEACH, FLORIDA 33445 ASSIS]-ANT
CITY MANAGER
August 16, 1999
Mayor, City Commissioners and City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Mayor, Commissioners and City Manager:
The month of October is Heritage Month for the City of Delray
Beach. Plans are underway to showcase the multicultural heritage
of Delray Beach by what will be called the DELRAY BEACH GLOBAL
CELEBRATION. The celebration is scheduled to be held on October
21st, 22nd and 23rd. On October 21st, the multicultural heritage
will be highlighted in the regular "Jazz on the Avenue" event.
On October 22nd, the annual Chamber of Commerce Golf tournament
will have an international theme. Then on October 23rd, there
are plans for an all day (10:00am to 10:00pm) GLOBAL FESTIVAL
wherein the §rounds of Old School Square will become a "GLOBAL
VILLAGE" for the day with vendors of food, arts and crafts as
well as stage entertainment of a variety of cultures throughout
the day.
Here are some of the proposed plans for the GLOBAL FESTIVAL.
This letter is primarily about the all day festival of October
23rd and to ask for the necessary support and any suggestions
from you and also to request assistance and suggestions from any
of the various City Departments as needed for such an event.
The concept for the GLOBAL VILLAGE layout will be to position
various vendor spaces to represent different countries and to
place them to conform with th~ location position of that country
on the globe. The layout and assignment of vendors will bo
coordinated by Peggy Murphy of Old School Square.
Vendors will be asked to dress in the native wear of the
country/culture that they represent.
Information plaques will be positioned at each of the various
country locations to give some basic geography, history and
cultural information about the country. Contact has been made
with Carver Middle School IB program about doing the research
for the information for these plaques.
Time clocks will be positioned at the various vendors of
different countries to indicate th~ time of day or night it would
be in that country.
AU(;;-- 1 ?--99 TUE 14 : 29
i I ~ . P. 02
Passports will be available for visitors to purchase at the main
gate so they can Get them stamped as they visit and shop with th~
vendors of the various countrieS. A fully stamped passport is
eligible for prize drawings. Hopefully this would enhance the
idea of a visitor shoppinG throughout the world in one day. The
Sister Cities Committee has been asked to take the passport
project. The price for the passports would be a small fee and
would be a fund raiser for Sister Cities exchange pro§ram. The
festival committee has suggested that tha purchaser be requested
to pay for the passport in pennies. This would also help to
answer the national call to put pennies back in circulation.
The name of the festival planninG committee is the "League of
Nations" and it includes local citizens who are natives of
several different countries and who are recruiting vendors of
authentic products of various ethnic cultures.
Throughout the day, there will be stage performances of different
ethnic/cultural entertainment. The last hour of the eveninG of
entertainment will be a Gospel concert.
If additional information is needed, you may contact me at 561-
272-7059 or Lisa Bright at 561-574-6314 or Marjorie Ferret at
561-279-1380.
Thank you very much for the kind support which you have always
extended.
Charlotte G. Durante, Co-Chairperson
and
Lisa Bright, Co-Chairperson
The Delray Beach Historical Society has been asked to conduct
trolley tours throughout the day which would leave and return to
the GLOBAL VILLAGE.
F.'. pD 1
.41]G 19 1999
DELRAY BEAC}{ GLODAL FESTIVAL 'v'~NAG~H
DELRAY B~..ACI-I, FLORIDA
AUGUST 19, 1999
FAX MEMO TO: BOB BARCINSKI, ASSISTANT CITY MANAGER
CITY OF DELRAY BEACH
FROM: CHARLOTTE G. DURANTE
SUBJECT: Supplement to previous letter ok request for assistance
~rom the City for the Delr~y Beach Global Festiual
to be held on October 23, 1999 on the grounds of
Old School Square
Per the request from your office, below is the list of ktems
which address the specific area of need foz assistance from the
various City departments. Below are the items/area for which we
need supportive services f~om the City for the Festival. Final
details of the exact location of some of these items a~e still
being planned. As indicated in the previous communication, Peggy
MuIphy at Old School Square is the coordinator for the layout of
the Old School Square 9rounds as to vendor locations, visitors'
entrances, sta~e, restrooms, etc. We will be finalizing these
plans with her expertise and directions.
SUPPORTIVE SERVICES NEEDED FROM THE CITY OF DELRAY BEACH:
-Street barricade for stleet closure of NE 1st Avenue from
the north side of E. Atlantic Avenue to just to the south
end of the Goodwill Store property and the Old School Square
gymnasium buildingo
-Minima], police security from 10:00am to 10:00pm on October
23rd
-The (largest) City stage w/cover as well as stage lighting
capability.
-Enclosure/barricade of tile entire Old School Square grounds
with openings for designated visitors' entrances per layout
coordinated with Peggy Murphy,
-Trash and garbage containers prior to the Festival and trash
and garbage clean-up after the event.
Thank you very kindly, Call me as needed: 561-271-4545 (cellular)
cc: Peggy Murphy
Lisa Bright
Mar~orie Ferzer
£1T¥ UF EIELRII¥ BE#tH
DELRAY BEACH
~l-.411~l~C][y 100 N.W. IstAVENUE DELRAY BEACH, FLORIDA 33444. 561/243-7000
®TO: David T. Harden
City Manager
1993
FROM: I~ Robert A. Barcinski
Assistant City Manager
DATE: August 3 l, 1999
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 1999
SPECIAL EVENT APPROVAL - FIRST NIGHT
ACTION
City Commission is requested to endorse the First Night 2000 event, to be held on 12/31/99 from
4:00 p.m. - midnight, grant a temporary use permit for use of various City facilities and rights of
way per LDR's Section 2.4.6(H), to authorize staff support for security, traffic control,
barricading, and trash pick up, to waive overtime costs and facility and equipment costs, and to
provide portable lighting for street intersections.
BA CKGR 0 UND
Attached is a request from Old School Square requesting approval of First Night 2000, closure of
various streets, use of City facilities and stages at no charge, staff support for security, traffic
control, barricading and clean up at no charge, and a request for the City to provide portable
lighting at intersections as requested by the Police Department.
Based on the expected crowd and the police staff recommendation, a request is being made this
year to close the following streets:
Atlantic from Swinton to NE 3rd Avenue
Alley along the west side of Elwoods
NE 1 st Avenue between Atlantic and NE 1 st Street
NE 2nd Avenue between Atlantic and NE 1 st Street
Railroad way between Atlantic and NE 1 st Street
NW 1 st Avenue from Atlantic to just north of the Community Center parking lot
These closures are requested for pedestrian safety.
The main event area this year will not only include grounds at Old School Square, but also the
CRA parking lot and Ocean City Lumber Company grounds (attached is a site plan).
Facilities that are being requested for use at no charge are the Tennis Center, Community Center,
and Veteran's Park. The estimated overtime costs for this event are $3,535. The Police
Department will man the event with on-duty personnel. The estimated costs for the portable
THE EFFORT ALWAYS MATTERS
Agenda Item City Commission September 7, 1999
Special Event Approval - First Night
Page fY2
lighting, if we can obtain them, will be about $750. The Rental fees for facilities and equipment
are $4,955.
RECOMMENDATION
Staff recommends approval of the event, temporary use permit, the closure of streets, providing
staff support for security and traffic control, barricading, and trash pick up, approval of a waiver
of 70% of the costs for use of City facilities and equipment and waiver of overtime costs. The
sponsor will be required to provide the required liability insurance and a hold harmless
agreement.
RAB/tas
File: u : sweeney/agenda
Doc:O85199d
Presented by the Sun-Sentinel
"Share the Light... Ignite the Spirit"
A New Year's Eve Community Celebration of the Arts
Event Request and Description
August 12, 1999
TO: Bob Barcinski, Assistant City Manager
FROM: Joc Gillie & Mclissa Carter, Old School Square
RE: Request for City Permission and Assistance
This will serve as a formal request for City permission to produce the third annual First Night
Delray Beach utilizing both public and private areas of the downtown.
Event Description: A non-alcoholic, family-oriented New Year's Eve Celebration, with a
variety of entertainment taking place at indoor and outdoor venues
between N.W. 1st Ave. and Veterans Park.
Date/Time: December 31, 1999 4 p.m.-midnight
Admission: First Night admission buttons to go on sale in mid October. Prices are $7
before Christmas, $10 after. Children 3 and under admitted free.
Est. attendance: 20,000 buttons will be sold. Additional crowd from 7pm-midnight could
be 5-10,000.
Venues: 1) Veterans Park Gazebo, 2) Ramblin' Rose Riverboat II, 3) Delray Beach,
Public Library, 4) Ocean City Lumber Complex, 5) Palm Beach
Photographic Centre, 6) Milagro Center, 7) Gary Michaels Gallery,
Old School Square, Inc.
51 North Swinton Avenue
Delray Beach, Florida 33444
(561)243-7922
Page 2, First Night 2000 Delray Beach
8) CRA Parking lot-NE 1st Ave., 9) Crest Theatre, 10) Gynmasium at
OSS, 11) Main Stage (on OSS grounds), 12) Comell Museum, 13) Ocean
Breeze Room-Crest Theatre building, 14) Delray Beach Community
Center Gym, 15) Delray Beach Tennis Center
Sponsors to date: Sun-Sentinel, News 12, Adelphia, South Florida Parenting, WDBF,
Delray Medical Center, Tommy's Concessions, Arvida, Delray MRI, SCP,
Palm Beach Photographic, Accents & Decor, SunTrust. Others being
confirmed.
Request for Parks & Recreation Dept. assistance:
· Stages:
Large stage with cover - on middle lawn of OSS; can be set up during regular working hours;
set up date flexible
½ small stage - set up December 31st in CRA parking lot (NE 1st Ave.)
½ small stage - set up on grass at Ocean City Lumber complex during regular working hours
Thurs., 12/30.
· Placement of trash boxes & liners:
(5) for Veterans Park pavilion area
(10) for Ocean City Lumber site
(30) for Children's area (CRA lot)
(30) for OSS grounds
· Trash pick-up:
Veterans Park trash cans to be emptied prior to 4 p.m. in preparation for family craft
activities, which begin at 4 p.m.
Trash boxes to be checked once during the evening and at end of event.
Request for Street closures (based on police recommendation - see enclosed map):
· Atlantic Avenue between Swinton and west side of SE 3rd Ave. (4 p.m. 12/31)
· Alley along west side of Elwoods
· NE 1st Ave. between Atlantic Ave. and NE 1st St.
· ]NE 2nd Ave. between Atlantic Ave. and NE 1 st St.
· Railroad Way between Atlantic Avenue and NE 1st St.
· NW 1st Ave. at Tennis Center area, as directed by City
Request for Parking lot closure: The CRA has authorized use of the parking lot between NE
1st Ave. and NE 2nd Ave. Request closure early 12/31.
Request for Police Assistance:
People's Procession: Temporary, rolling street closure on Atlantic Ave. from Veterans Pk. to
OSS (6-7 p.m.)
Venue Security: Tennis Center, Main Gate (NE 1 st Ave.) area, Pineapple Grove Gate (NE
2nd Ave.) area, other as recommended.
NOTE: OSS plans to hire Wells Fargo security guard for each venue.
Page 3, First Night 2000 Delray Beach
Venue Security: Tennis Center, Main Gate (NE 1st Ave.) area, Pineapple Grove Gate (NE
2~a Ave.) area, other as recommended.
NOTE: OSS also plans to hire Wells Fargo security guard for each venue.
Other:
· OSS will provide up to (7) generator lights, at our expense. To date, (5) have been reserved
and (2) more are being sought. Proposed locations for placement are as follows:
(1) for NE 2na Ave. gate
(1) for NE 1st Ave. gate
(4) for OSS grounds
(1) for Tennis Center
· Police Dept. has advised us that they will require additional generator lights to be placed at
each intersection between Swinton Ave. and NE 6th Ave. (for use in the event of a Y2K
power outage). Total lights for these areas would be (7). We would like to request that the
City cover this additional expense.
· We have met with Officer Skip Brown regarding involvement of the C.O.P.s (goal is 20-50
COP volunteers).
· OSS to contact FEC to send an officer to slow train.
· OSS will rent 6 foot temporary chain link panels to fence in the children's and finale areas
and tie into the Ocean City Lumber Complex.
Area to be fenced extends from OSS grounds (between the buildings) across NE 1st Ave.
through the CRA lot, across NE 2nd Ave. to Ocean City Lumber. Gates to be at NE 1st Ave.,
NE 2~d Ave. and OSS lawn. Other gates to be added as advised by police.
· Tennis Center: (3) 35 min. ice shows are planned with estimated attendance of 5-6,000 at
each. Entrance to be at existing east gate by ticket booth. Crowd line-up to overflow into
Community Center parking lot and/or on to NW 1st Ave. as directed by police. Exit to be at
existing gates on south side of complex (onto Atlantic Ave. parking lot).
· OSS has ordered (1) 4-beam search light to be placed on OSS grounds.
· The Veterans Park venue closes at approximately 6pm after People's Procession leaves the
area. All inside venues close by 11 p.m. (including Tennis Center). CRA lot (children's
area) to OSS grounds will be the gathering place for the finale.
Entertainment Line-up: Please see attachment
Site Plan: Please see attachment
FIRST NIGHT 2000 - Preliminary Schedule
TIME LOCATION ENTERTAINERS
4:00 P.M. Veterans Park South Florida Parenting Family
-6:00 P.M Gazebo (1) Craft
Dan Christopher (Ventriloquist/
Magician)
Procession Line-up
5:15-5:45 Ramblin Rose Broward Mummers
Riverboat (2)
6:00 P.M. Veterans Park People's "Sunlight-Moonlight-
Starlight" Procession to OSS
7:00-7:45 Library (3) Grupo Folklore Latino
8:15-9:00 & The Hollywood String Ensemble
9:30-10:15 (2 shows)
Art exhibit
7:00-8:00 Ocean City Sea Turtle Tappers
Lumber (4) (Clog 'n Country Dancers)
8:00-11:00 Buck Wild (Country)
7:00-10:00 Palm Beach Performer TBD
Photographic (5) CBS Exhibit
7:00-10:30 Milagro Center Sweet Justice (Reggae)
(6) Art Exhibit
7:00-10:00 Gary Michaels Barbara Brundage
Gallery (7) Harp & Flute
7:00 -10:30 CRA lot (8) Sun-Sentinel Children's Party
with entertainment & activities
7:00-7:30 Crest Theatre (9) Klein Dance
8:15-9:00 Gold Coast Opera (2 shows)
9:45-10:30
Crest Galleries art exhibits
7:00-11:00 OSS Gym (10) Clean Slate
(Classic rock/Motown) dance
venue
7:15-7:45 OSS Main Stage Broward Mummers
(11)
8:15-9:00 Drumming with Ndakhte
10:00- Finale Band/Fireworks
midnight
7:00 P.M. Cornell Museum Holiday Designer Showrooms
-ll:00 P.M. (12)
Ocean Breeze TBD
Room (13)
7:00 P.M. Community Ctr Teen Venue
-10:00 P.M. Gymnasium (14) DJs Interactive
with taped music
7:15-7:50 Tennis Center Ice Show (3 shows)
8:45-9:20 (15)
10:00-10:35
7:00-10:00 Parking lot area Americamantra (Peruvian)
Wandering Freckles the Clown (face painting)
Kat Litrenta (3 characters)
OSS lawn Resolution Sculpture
£1TY I)F I)ELAAY BEACH
DELRAY BEACH
~JI-J~ll~l~lCJt~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000
®TO: David T. Harden
City Manager
1993
FROM: ~ Robert A. Barcinski
yr
Assistant City Manager
DATE: August 31, 1999
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 1999
SPECIAL EVENT REQUEST - RUN FOR THE WHISPER 5K
RUN/WALK
ACTION
City Commission is requested to endorse the Second Annual Run for the Whisper to be held
April 15, 2000 from 7:30 a.m. until the end of the walk, to grant a temporary use permit per
LDR's Section 2.4}6(H) for use of Anchor Park and the A-1-A right of way, to approve police
assistance for traffic control and barricading assistance. The event will benefit the National
Ovarian Cancer Society.
BA CK GR 0 UND
Attached is a letter from Split Second Timing, Inc., the company that will promote and manage
the race for the Ovarian Cancer Society. They are requesting to use the same route that is used
for the Turkey Trot. Staff assistance will be needed for barricading the route and police
assistance is needed for security and traffic control. The estimated overtime cost for the event is
$1,800.
RECOMMENDATION
Staff recommends approval of the event, special use permit, and staff assistance provided the
event sponsor pays the overtime costs, provides the required liability insurance, and provides the
City a hold harmless agreement.
RAB/tas
File:u:sweeney/agenda
Doc:O83199b
THE EFFORT ALWAYS MATTERS
JAN-2~-1900 20: 3-'~ ~. 02
" ChampionChi~ of Florida
Race Management * Race Consultant · Electronic Timing
2211 Charleston · Weston, Rorida 3,3326
(954) 384-7521 - Fax (954) 389-7410
www.split~condfiming.com
~t Ci~ Manager
i00 N.W. I st A~e, nue
Delr'ay l~-~cit, Florida
33~.~.~.
This letter is m Lnfonn your office tlmt The National Ovarian Cancer Coalition ha~ requested
to ~ the dale of flte, Run For Th~ Whisper, from April 22, 2000 to April 15, 2000.
Tlxc t'cason for thc clulnf~c was to not inlcrfcrc with linc Easier Itoliday weekend.
Thank you a~in for your help.
Si~c~ely.
Rick Stern
Split ~ Timing, [nc.
ChampionChip of Florida
Race Management · Race Consultant · Electronic Timing
2211 Charleston · Weston, Florida 33326
(954) 384-7521 · Fax (954) 389-7410
www.splitse¢ondtiming.com
RECEIVE'_D
June 20,1999
JUN 2 2 1999
Mr. Bob Barcinski AS S ~ ~ TA NT
Assistant City Man~ager C I T e M A N A G E R
City Of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida
33444
Dear Mr. Barcinski;
My nmne is Rick Stem, President of Split Second Timing, a race management company which has been
producing running events here in the south Florida area for over 20 years. On behalf of the National
Ovarian Cancer Coalition, of Broward County, I would like to request the necessary paper work for
producing a 5K Run and Walk.
This event will be called llie Second Annual Run For The Whisper, and is scheduled for April 22, 2000
which is a Saturday. The race will begin at 7:30 A.M. and should end by 8:30 A.M.. The enclosed map
details the exact course the runners and walkers will follow. This course is the sa~ne path the Delray
Beach Turkey Trot follows.
The rmmers mid walkers would be meeting at Anchor Park where registration would take place.
After ll~e run all the festivities would continue at Anchor Park. These activities would include file
Awards presentations and ll~e distribution of educational materials on Ovarian Cancer.
Last year was the first year this event took place and was very successful. This year The National
Ovarian Cancer Coalition hopes this event will draw more than 500 people and raise enough funds to help
draw more awareness towards tiffs Silent Killer.
If you have any questions please do not hesitate to call me at 954-384-7521. Thank you in advance
for your help and cooperation willi tltis event. I look forward to working willi the City and your office
in making this a very successful nm/~valk.
Sincerely, ,~ /~
Rick Stem
Split Second Timing, Inc.
Memo
To: David Harden, City Manager
. ,/).-,,
From: Lula Butler, Director, Community Improvement
Date: September3, 1999
Re: Spady Museum and the William Historic Home- CRA Donation
This is in response to the request from the CRA asking the City of Delray Beach to accept
their donation of the histodc Williams home which is currently located on NVV 3~d Avenue.
They are proposing to relocate the structure to the vacant lot adjacent to the Spady Museum
to be used as the office of EPOCH and Museum staff.
The Building Official has stated that the structure is very suitable for relocation. He did
observe from an exterior inspection that the structure has active termites, which are very
evident in the roof rafters, sheathing and in the mudsills. The house has vinyl siding that may
be covedng other wood rot. The roof has extensive deterioration and will need to be
completely rebuilt. We did not do an inspection of the interior.
The CRA memorandum does not specify if the move includes the new foundation or who will
be responsible for the complete histodc renovation. Consideration should be given to the
total project cost, anticipated time of performance and general upkeep requirements that will
be necessary.
RECOMMENDATION:
Staff is recommending that the City Commission consider accepting this structure, provided
we have a clear understanding of the condition of the building. The Commission should also
understand that the structure will require extensive repairs and/or renovations that may
exceed $50,000 in order to meet building codes and applicable Land Development
Regulations.
· Page 1
Community
Redevelopment
Agency
Delray Beach
RECEIVED
August 24, 1999
2.5 1999
CITY' MANAGER
Mr. David Harden,City Manager
City of Delray Beach
100 N.W. 1st Street
Delray Beach, FL 33444
RE: Spady Museum and the Williams Historic Home, Delray Beach, FL
Dear Dave:
The CRA would like to move the historic home on NW 3rd Avenue, known as the Williams' home,
a 1926 Arts and Craft Bungalow, to the Spady historic Museum site, located on NW 5th Avenue.
The structure would be Qtilized as the office of EPOCH and the Spldy Museum. W~ are in the
process of preparing a site plan for approval by the City.
We would appreciate if we could present to the City Commission, the site plans for the additional
structure, which we would be donating to the City. We seek the Commissioners' approval of the
donation.
I wi a preliminary site plan to you as soon as we complete the plan.
Christopher J. Brown
Executive Director
cc: Vera Farrington, EPOCH
Gary Eliopoulos, Architect
24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~//
SUBJECT: AGENDA ITEM # <~/q - REGULAR MEETING OF SEPTEMBER 7, 1999
COST ESTIMATE TO SURVEY CANALS IN TROPIC ISLE SUBDIVISION
DATE: SEPTEMBER 3, 1999
In order to put the City in a better posture for defending the Tropic Isle lawsuit, the City Attorney has
recommended that we develop a better estimate of the cost to dredge the canals as desired by the
Tropic Isle residents. The City Engineer examined various ways of developing such an estimate.
After reviewing alternatives, he has obtained the attached proposal from Coastal Planning and
Engineering to accomplish this work.
I recommend that the Commission approve contracting with Coastal Planning and Engineering for
$14,970 to survey the Tropic Isle canals and estimate the cost to dredge the canals to provide a fifty
foot wide channel m each canal with a depth of five feet at low tide.
Ref:Agmemo22.Cost Estimate to Survey Canals.Tropic Isle
'"" ~ IwANAGER
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David Harden
FROM: Randal L Krejcarek, P.E. ~)~
DATE: 24 Aug i999
SUBJECT: Tropic Isles
Cost Estimate to Survey Canals
Per your request I have attached a proposal from Coastal Planning & Engineering, Inc. to
perform surveying and associated engineering services in an effort to develop a reasonable
preliminary cost estimate to dredge the canals of Tropic Isle.
After extensive discussions with Coastal Planning & Engineering, Inc. only one estimate was
submitted. We discussed two other alternatives: 1) Surveying only a representative sample of
the canals. Since the amount to dredged material can vary drastically from canal to canal it
would be impossible to develop a reasonable preliminary cost estimate when only some of the
canals are surveyed. Also, I was told that the cost of additional time to survey all canals, once
the mobilization is paid, is minimal. 2) Perform a detailed survey of each canal. This option
presented multiple problems. First, Coastal would have to obtain permission from many
property owners to access the canal from land. Second, more information than is needed, to
complete a preliminary cost estimate and complete the work, would be collected. Third, the time
required to complete the survey would quadruple.
The attached proposal would provide enough information to proceed on to the next step, if that
is required.
Please advise.
CC: Richard Hasko, P.E.
file
~.SSRVOO2~DEPARTMENTS~EngAdmin~etters~RLK~CITYMGR~tropicisleO4. doc
COASTAL SURVEW3
COASTAL P N I.NG & ENGINEERING. INC.
.248~ N.W. BOCA~TON BOU~ARD~ BOCA~TON, FL 3~ (S6~) 39~-8~'02 Fa~(~)
Intemet: h~://~.c~e~:a.com
E-maih; mail~cpe.dynip .~m
00299
August 24, 1999
Randal L. I~ejCarek, P.E.
City of Delrhy B~ch
434 South.~ti~tan Avenue
Delray Beach; FL 33444
RE: TrOPic Isles Canal Survey ,.
Dear Mr.. K~:ejcarek:
This'letter ~s in re.omc to your request for a proposal, to per,form surveying" and
engin, ering!.¢nd-¢cs_ associated with the Tropic Isle .anals. ~The fallowing servic% .'are
proposed: : .
Cemeflmc:surveys. We v~ll survey two long~.~dinal lines along the
:ohs .e~e4t C,enter of each canal and ~ b~ wi.thin a, proposed 5~0 foot wade. c~el
cut.'! Tt~ s,m~.' eys will utilize a GPS positioning ~j~t .em and ~ mY' grade
fath~m~ter2 'Dc~s will be recorded approx/mately :eve0 25: feet alo~
tra~kline a~d corrected for tide. A t~'nporary tide gage will b~ located adja~ to
Lintbn :.Boulevard or the C15 canal. All work will be! supervised la/'our
professi~onal surveyor.
2. Cha~ng. ~ !We will develop appropriate 'survey drawings ttm~t d~ict the sgrVey
dq~th~. ~ The USGS quad map will be used ~ an upland re~erence in th¢ :haaps.
Fou~ copieS of the survey will be submitted to:you. '
Pm!~rni,~ary dredge cost estimate. We will determine .tho .vollm:te .of dk~.ge
mat~r~i t~ be e×eavated from a 50 foot v, nde," 5 feet MLW chan~el. We!.~ill'
review possible dredging and spoil disposal oPtiOnS and develop a pretim~'~.ary
costie~fimate. A letter report of our finding, will be submittex:l along wi..~,
surve~ maps. .
The cost of ~ese services is ,14,970. A cost breakdown is at~ach.eit. Uponi ~ur
authorization, the :field work will be scheduled. If you have any qaestirms, plea~ *all
0~d--24--1999 02: O~PM FROM TO
Tropic ~1~d C~al S~ey ~opos~
Aught
Do~I~ W,'~ .P.E-
Sc~or ComE: ~n~n~r
Enclose
cc: B~I'S~, P.S.M.
Nomm B~mel
Tom' C~pbell
~ ;
COA~AL P~NING & E~INE~RiNG, IUC~
TOTAL
~8-24-1999 02:03PM FROM TO 2437314 P.O1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM #q~- REGULAR MEETING OF SEPTEMBER 7, 1999
BID AWARD FOR POLYPHOSPHATE ANNUAL CONTRACT
DATE: SEPTEMBER 3, 1999
This is before the Commission to consider approval of a bid award in the estimated annual amount of
$49,980 to Stiles-Kern of Met Pro Corp. for the purchase of polyphosphate for the Water Treatment
Plant. It is on the regular agenda because the recommendation is to award to the third low bidder.
Five bids were received for this contract. The apparent low bidder, Sweetwater Technologies, did not
meet detailed specifications of the bid package. The second low bidder, Shannon Chemical, was not
recommended as that company was our vendor for the last bid and we have had problems with their
service and follow-up studies (see attached correspondence). Based on this, it is staff's
recommendation that the bid be awarded to Stiles-Kern of Met Pro Corp. as the lowest responsive,
responsible bidder.
Recommend approval of the bid award for polyphosphate for the Water Treatment Plant to Stiles-
Kem of Met Pro Corp. in the estimated annual amount of $49,980, with funding from 441-5122-536-
52.21 (Water Treatment & Storage/Chemicals) in the FY 2000 budget.
RefiAgmemol 4.Bid Award. Polyphosphate Annual Contract
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Date: August 31, 1999
XX ,~'~nt Agenda __. Special Agenda ~ Workshop Agenda
When: September 07, 1999
Description of agenda item:
Bid Award - Bid #99-31 Polyphosphate -Annual Contract.
Award to the Iow responsive, responsible bidder, Stiles-Kem of Met Pro Corp., for the purchase
of Polyphosphate for the Water Treatment Plant at an estimated annual cost of $49,980.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award of Bid #99-31 to Stiles-Kem of Met Pro Corp. for the purchase of
Polyphosphate, at an estimated annual cost of $49,980. Funding from account code 441-5122-
536-52.21 (1999-2000 budget).
Department Head Signa~ ~ .~
Determination of Consistency ~.th/Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives: (if applicable)
(~ Account Description: ~~i ~2[~
Account Balance: ~ '~; [00~0 ~. 2DO0 b~)~? ~''''~
City Manager Review:
Approved for agenda:~s/ l'-~L' ,// No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David Harden, City Manager
Jacklyn Roone~vu, Purchasing Supervisor
FROM:
THROUGH: Joseph Sa~ance Director
DATE: August 31, 1999
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
SEPTEMBER 07, 1999 - BID AWARD - BID #99-31
POLYPHOSPHATE - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve award to low responsive, responsible bidder, Stiles-
Kem of Met Pro Corp., for the purchase of Polyphosphate for the Water Treatment Plant at an
estimated annual cost of $49,980.
Background:
Bids were received on June 02, 1999, from five (5) vendors all in accordance with City
purchasing procedures. (Bid #99-31. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Manager of the Water Treatment Plant is recommending award to third low bidder, Stiles-
Kem of Met Pro Corp. See attached memo dated August 27, 1999. Recommendation was not
made to the low bidder, Sweetwater Technologies, as they did not meet detailed specifications of
the bid package, and recommendation was not made to the second low bidder, Shannon
Chemical, who was our vendor for the last bid, as the City has had previous problems with their
service and follow-up studies as outlined in the memo sent to Shannon Chemical dated
December 08, 1997 from Manager of Water Treatment Plant.
Stiles-Kem, has agreed to hold their bid price quoted in their bid of June 02, per the attached
memo dated August 30, 1999.
Recommendation:
Staff recommends the award to low responsible, responsive bidder, Stiles Kern of Met Pro Corp.
at an estimated annual cost of $49,980. Funding from account code 441-5122-536-52.21 (1999-
2000 account).
Attachments:
Tabulation of Bids
Memos From Water Treatment Plant Dated 08/27/99, 05/20/99 & 12/08/97
Memo From Stiles-Kem Division Dated 08/30/99
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: Jackie Roone.,~..,~,.~ ~
FROM: Don Haley
THROUGH: Dan Beatt~~
SUBJECT: Poly phosphate Bid
DATE: August 27, 1999
After careful review of the lowest bid submitted (Sweetwater), there has been too many
discepencies I've had to address. They are as follows:
1. Specific weight/cubic feet. ( 3 attempts to get it correct )
2. No PH. for product in a 1% solution (missing).
3. Percent of PO4 Iow
4. Technical Information Sheet identifies product as Ortho Poly Phosphate.
We are using poly phosphate.
5. No Ins Certificate submitted.
6. Request by vendor for the City of Delray Beach to collect water samples
and change coupons for them.
7. Dose rate as per UL Listing incorrect. (over 2 times the MCL)
8. A CAS. Number assigned to compound(7779-90-1) does not apply or even exist as of the
2000 year book.
9. UL Letter dated 6-16-99 states" Product shall only be considered classified when certain
conditions are met".
When the above items were discussed with Reb Ferrel of Sweetwater(8-11-99), they were
explained to be typo errors. If this company is that unorganized on paper, I do not feel
comfortable in their quality control in the Manufacturing of a product that will be used in our
drinking water.
As you are aware, Shannon Chemical, the second lowest bidder, their 2nd year renewal was not
extended due to lack of service/follow up to corrosion studies and coupon results.
Based on the above I'm recommending the Poly phosphate bid be awarded to Stiles-Kern of Met
Pro Corp. Contract Period of January 1, 2000 through January 1, 2001 for Bid Price of 0.595
cents/lb.
U:lmemos from HALEIqPOLY BID 08271999. doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: Jackie Rooney
FROM: Don Haley ~ '
SUBJECT: Annual Poly Phosophate Contract Bid# 97-05
This contract has expired as of 3-23-99. It is my intent not to roll it over for the second time, due
to the supplier failing to meet the terms of the contract. (i.e. quarterly corrosion studies and
coupon results). The quantities remain the same and nothing changes in the Bid package.
Please process and move ahead with the new bid.
Thank you
cc: Dan Beatty
U: bl4EMO, doc
[IT¥ DF DELRR¥ BER£H
DI~LRA¥ BEACH
~ ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWINTON AVENUE* OELRAY BEACH, FLORIDA 33444
407/243-7300 * FAX: 407/243-7060
NI-AmedcaCity
Shannon Chemical
1993 MI. Dan Flynn RECEIVED
?.O. Box 376
Malvem, Permsylvania 19355 DEC
SUB: Polyphosphate Contract Bid #97-05 PIJlI HASING,
Dear MI. Flynn,
By notice of this letter, I am informing you Shannon Chemical is in non-compliance with
Bid #97-05. I am basing my decision on the following items that are not in place as per
bid specifications.
1. Failure to continue the water quality corrosion studies that now cannot be
recovered.
2. Failure to install the coupon rack.
3. Failure to have coupon corrosion results for the 1 st half of semi-annual tests.
4. Failure to provide a certified Certificate of Analysis by an outside lab with
delivery of product.
All of the above mentioned, is part of the bid package #97-05 that your company has not
lived up to.
If you have any questions or comments, please feel free to call me at (561) 243-7318.
x"~~oYf ~at e~r Tr~eatment Plant
DH:dk
cc: Richard C. Hasko, P.E., Acting Director Env. Services
~J~'ckie Noon,y, Senior Buyer
File: shannon.doc
THE EFFORT ALWAYS MATTERS
08×~0×99 1~:10 STILES-KEM ~ 561~437166 N0.410
Stiles-Kem Division FAX
Met Pro Corporation
1570 Lakeside Drive
' Waukegan. IL 60085
DATE: 8-30-99
TO: JACKIE FAX: 561-243-'7163__ -'7 / (p (~
FROM: UNDA PHONE: (847) 689-1100
FAX: (847) 689- 9289
~E: PRICING ON BII~ 99-31
# Pages Including cover sheet:
I AM CONFIRMING THAT THE PRICE OF .5951LB THAT WE QUOTED
TO THE CITY OF DEL RAY BEACH IN BID PACKAGE # 99-31, WILL
BE FIRM FROM THE START OF THE BID, UNTIL THE END OF THE
ONE YEAR PERIOD.
IF YOU NEED ANYTHING ADDITIONAL PLEASE FEEL FREE TO
CONTACT ME AT YOUR CONVENIENCE.
WILLIAM F. MERSCH
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/d~
SUBJECT: AGENDA ITEM #90~. REGULAR MEETING OF SEPTEMBER 7, 1999
BID AWARD/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP.
(POLICE EVIDENCE STORAGE BUILDING & EXERCISE AREA)
DATE: SEPTEMBER 3, 1999
This is before the Commission to consider approval of a bid award in the amount of $170,878.00 to
Republic Construction & Development Corp., the second lowest responsive bidder, for the
construction of a new Police Evidence Storage Building and interior modifications in constructing a
990 sq.ft, exercise area. It is on the regular agenda because the recommendation is to award to the
second low bidder.
The low bid came in at $138,594.88 from B.T. Builders Inc., more than $30,000.00 lower than the
second and third low bids at $170,878.00 and $171,807.00 respectively. A meeting between staff and
B.T. Builders confirmed that an aspect of the work was missing from their bid. They have asked that
their bid be withdrawn and their bid bond released (see attached letter).
In view of this, it is staff's recommendation that the bid be awarded to Republic Construction &
Development Corp. in the amount of $170,878.00, with funding from 334-6111-519-62.10 (Capital
Outlay - Buildings).
Ref:Agrnemol 4.Bid Award.Republic Construction. Police Evidence
Agenda Item No. c~_.~'
AGENDA REQUEST
Date: September 1, 1999
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda When: September 7, 1999
Description of item {who, what, where, how much): Staff requests the City Commission approve a
construction contract with Republic Construction & Development Corp., the second lowest responsive
bidder, in the amount of $170,878.00, for the construction of a new Police Evidence Storage Building and
interior modifications in cohstructing an Exercise Area. Staff also requests City Commission to accept the
lowest bidder's request to have their bid withdrawn. Funding is available from the General Construction
Fund/Capital Outlay, Buildings; account No. 334-6111-519-62.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve a construction contract with Republic
Construction & Development Corp. ixl3~he amount of $170,878.~. 0 for construction of a new Police Evidence
Storage Building and Exercise Areal. ~/ _/~ //' ]
!.,./ ',, I1 ,t ~ 1../7, ../
Department head signature: i,_~-~('-- - ~ ~- ~-?'}
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~,~d on all items involving expenditure of funds):
Funding available~Y~NO ___
Funding alternative'~'(~f applicable):
Account No. & Description 334-6111-519-62.10 General Construction Fund,
Capital
Outlay,
Buildings.
Account Balance ,c~ !~..-TjF~.c~(.,~
City Manager Review:
Approved for agenda: ~/NO ~.z. /~ ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\...\99016~agreq090799
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Victor Majtenyi
Assistant Construction Manager
Date: September 01, 1999
Subject: AGENDA REQUEST for 9/07/99
Police Evidence Storage Building and Exercise Area
Project No. 99-016
Attached is an Agenda Request for City Commission approval of award of contract to Republic
Construction & Development Corp. for the construction of a new 1,440s.f. Police Evidence
Storage Building and interior modifications in constructing a 990s.f. Exercise Area.
On Wednesday, August 25, 1999, the City opened bids for this project with the lowest bid at
$138,594.88 from B.T. Builders Inc. This bid however, is $32,283.12 lower than the number two
bid, the second and third bids being $170,878.00 and $171,807.00 respectively. A meeting with
B.T. Builders Inc. to review scope and value revealed that some aspect of the work was indeed
missing from their bid. Attached is a request from B.T. Builders requesting their bid be withdrawn
and their bid bond released.
Therefore, staff recommends award of contract to the second bidder, Republic Construction &
Development Corporation, in the amount of $170,878.00, for the construction of this project. A
copy of the bid tabulation is attached for your review. Republic Construction & Development
Corporation has also successfully completed several projects for the City in past years.
Staff recommends City Commission reject the lowest bid and approve an award of construction
contract to the second bidder, Republic Construction & Development Corporation, in the
amount of $170,878.00 for the construction of the new Police Evidence Storage Building and
Exercise Area project. Funding is available from 334-6111-519-62.10, General Construction
Fund/Capital Outlay, Buildings.
CC; Richard Hasko; Director of ESD
Howard Wight; Deputy Director of Construction, ESD
File 99-016 (A)
s\...\99016~agmem090799
09/03/99 .t~: -12 FA.~ ~ 0.1.
Porte.no ~ct~
~.~-~1G~ce~ CCrGO2?~a4
(954) 97~$~02
September 1, 1999
City of I)elray Beach
Environmeutal Sel~ces 12~parm~nt
434 S. Swinton Avenue
Delray Beach,. Florida 334~
Atientiou: Mr. Victor Ma{ten.vi
A_~sistant Construction 1~
Re: Po{ice Departmeut Evidence Storage Building & Exercise Area City of Delray Beach Project No. 99-016
D~ar Mr. Majteuyi:
As per our moo, ting and discussion on 8/31/99 in your ot~ce, we wish to wiii~lrawn our quote
for tl~ above reFereuced luroject. It is a mutual a~ctm~e~t that the nu~ quoted are too low
and that there is a possibility that something was overlooked.
Wc want to request that you relea.~ our Bid Bond.
]'hank you for your cooperation-
President
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM#/~ - REGULAR MEETING OF SEPTEMBER 7r 1999
RESOLUTION NO. 56-99 (TENTATIVE MILLAGE LEVY)
DATE: SEPTEMBER 2, 1999
Resolution No. 56-99 tentatively levies a tax on all properties
in the City of Delray Beach for FY 2000 as follows:
6.91 mills . for operation and maintenance of the General Fund
0.74 mills for the payment of principal and
interest on bonded indebtedness
7.65 mills Tentative millage rate
The tentative millage rate of 7.65 mills is five-hundredths of a
mill less than FY 1999. The rolled back rate calculated under
the TRIM law for operating purposes is 6.64 mills. The tentative
millage rate is 4.08% above the rolled back rate.
Pursuant to the City Charter and TRIM requirements, a public
hearing must be held prior to the adoption of the resolution.
Final adoption of the FY 2000 budget is scheduled for September
21, 1999.
Recommend approval of Resolution No. 56-99.
Ref:Agmemo20.Res56-99.Tentative Millage Levy ~Z/c~O~frT,~ ~L' f~~__~
RESOLUTION NO. 56-99
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A
TAX ON ALL PROPERTIES WITHIN THE CITY OF
DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO TENTATIVELY LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST ON
BONDED INDEBTEDNESS, AND TO ALLOCATE AND
APPROPRIATE SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $6.91 per one thousand
dollars ($1,000.00) of assessed valuation is hereby tentatively
levied on all taxable property within the City of Delray Beach
for the fiscal year commencing October 1, 1999, and ending
September 30, 2000. There shall be and hereby is appropriated
for the General Fund operations of the City revenue derived from
said tax for operating and maintenance expenses of the General
Fund, and also in addition, all revenues derived by said City
during said fiscal year from all other sources other than the
tax levy for current bond service and that part of collection of
delinquent taxes levied for bond service. The assessed
valuation on all taxable property for operating purposes within
the City of Delray Beach is $3,176,541,315. The tentative
operating millage rate of $6.91 per one thousand dollars
($1,000.00) exceeds the rolled-back rate of $6.6393 per one
thousand dollars ($1,000.00) by 4.0772%.
Section 2. That the amount of money necessary to be
raised for interest charges and bond redemption which
constitutes a general obligation bonded indebtedness of the City
of Delray Beach is $2,214,670. There is hereby appropriated for
the payment thereof, all revenues derived from the tentative tax
levy of $0.74 per one thousand dollars ($1,000.00) of assessed
valuation, which is hereby levied for that purpose for the
fiscal year commencing October 1, 1999, and ending September 30,
2000, upon the taxable property of the City of Delray Beach, the
assessed valuation being $3,176,541,315.
Section 3. That the above tentative millage rates are
adopted subject to adjustment in accordance with Section
200.065(5) of the Florida Statutes which provides that a
municipality may adjust its adopted millage rate if the taxable
value within the jurisdiction of the taxing authority as
certified pursuant to Section 200.065(1) is at variance by more
than one percent (1%) with the taxable value shown on the
assessment roll to be extended.
Section 4. That a public hearing was held on the
proposed budget on September 7, 1999.
PASSED AND ADOPTED in regular session on this the 7th
day of September, 1999.
ATTEST:
..... ~City -Cl~r k
2
Res. No. 56-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~,~
SUBJECT: AGENDA ITEM# [06- REGULAR MEETING OF SEPTEMBER 7r 1999
RESOLUTION NO. 57-99 (TENTATIVE MILLAGE LEVY IN THE DDA
TAXING DISTRICT)
DATE: SEPTEMBER 2, 1999
Resolution No. 57-99 tentatively levies a tax in the amount of
1.00 mill on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY
2000. This tentative millage exceeds the 0.95 rolled back rate
calculated under the TRIM law by 5.31%.
A copy of the DDA's Certification of Taxable Value is attached,
along with a copy of the DDA budget for FY 2000.
Recommend approval of Resolution No. 57-99. Final adoption of
the DDA tax levy for FY 2000 is scheduled for September 21, 1999.
Ref:Agmemo20.Res57-99.Tentative Millage Levy. DDA
RESOLUTION NO. 57-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY
TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE
SAID COLLECTIONS THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~qISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, A~ FOLLOWS:
Section 1. That a tax of $1.00 per one thousand dollars
($1,000.00) of assessed valuation is hereby tentatively levied on all taxable
property within the Downtown Development Authority Taxing District of the
City of Delray Beach for the fiscal year commencing October 1, 1999, and
ending September 30, 2000. There shall be and hereby is appropriated for the
purpose of financing the operation of the Downtown Development Authority
Taxing District revenue derived from said tax for operating and maintenance
expenses of the Downtown Development Authority Taxing District, and also in
addition, all revenues derived by said Taxing District during said fiscal
year from all other sources other than the tax levy for current bond service
and that part of collection of delinquent taxes levied for bond service. The
assessed valuation on all taxable property for operating purposes within the
Downtown Development Authority Taxing District of the City of Delray Beach is
$135,381,408. The tentative operating millage rate of $1.00 per one thousand
dollars ($1,000.00) exceeds the rolled-back rate of $0.9496 per one thousand
dollars ($1,000.00) by 5.3075%.
Section 2. That the above tentative millage rate is adopted
pursuant is adopted pursuant to Florida Statutes Section 200.065(2) {e) (2),
and subject to adjustment in accordance with Section 200.065(5) of the
Florida Statutes which provides that each affected taxing authority, other
than municipalities, counties, school boards, and water management districts,
may adjust its adopted millage rate if the taxable value within the
jurisdiction of the taxing authority as certified pursuant to Section
200.065(1) is at variance by more than three percent (3%) with the taxable
value shown on the assessment roll to be extended.
Section 3. That a public hearing was held on the proposed budget
on September 7, 1999.
PASSED AND ADOPTED in regular session on this the 7th day of
September, 1999. ~A Y R~
ATTEST:
~ity ~le~ ' ~/
1
CERTIFICATION OF TAXABLE VALUE
SECTION I 99 ..o,~
[] Year
PALM BEACHcounty To DELRAY BEACH - D.D.A.
(Name of Taxing A~th,orfty)
(1) Current Year Taxable Value of Real Property for Operating Purposes $ 135~381,408
(2) Current Year Taxable Value of Personal Property for Operating Purposes $ 0
(3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes $. 0
(4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $. 3.35,381,408
(5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $. 7,650,647
Improvements Increasing Assessed Value By At Least 100~ + Annexations - Deletions)
(6) Current Year Adjusted Taxable Value (4) - (5) $ 127..730;7R1
(7) Prior Year Final Gross Taxable Value $ 121.290..5R7
(From Prior Year Applicable Form DR-403 Series)
I do hereby certify the values shown herein to be correct to the best of my knowledge an~b~lief. Witness~. hand and official
signature at WEST PALM BEACH , Florida, this the 3. ,~ d~y of r'~ .]~t]~l ,19 99
q.~ ~._._,~_~.-.__.-~._.-- --
TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification
and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-.
SECTION II
(8) Prior Year Operating Millage Levy $. 1. 0000 . per $1,000
(9) Prior Year Ad Valorem Proceeds (7) x (8) $. 121,291
(10) Current Year Rolled-Back Rate (9) + (6) $ 0.9496 per $1,000
(11) Current Year Proposed Operating Millage Rate $1. 0000 per $1,000
(12) Check one (1) TYPE of Taxing Authority:
[-----[County ~----[Municipality [---]Independent [-~--[Oependent [--]MUnicipal Service [--------~ Multi-County
Special District' Special District Taxing Unit ' '
(13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED. PLEASE SEE REVERSE SIDE.
(14) Current Year Millage Levy for VOTED DEBT SERVICE $ -O- per $1,000
(15) Current Year OTHER VOTED MILLAGE $ -0- per $1,000
DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22)
(16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ n/a
& MSTU's levying a millage. O'he sum of Line (9) from each District's Form DR-420)
(17) Total Prior Year Proceeds: (9) + (16) $ n/a
(18) The Current Year Aggregate Rolled-back Rate: (17) + (6) $ n/a per $1,000
(19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ n/a
(20) Enter Total of all non-voled Ad Valorem Taxes proposed to be levied by the Principal $ n/a
Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4)
(21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $ n/a per $1,000
(22) Current Year Proposed Rate as a PERCENT CHANGE o! Rolled-back Rate: n/,~ %
[(Line 21 .-' Line 18) - 1.00] x 100
Date, Time and Place of the first Public Budget Hearing: September 7, 1999 at 7:00 p.m. at: City Hall, City
Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER,
I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. VVITNESS my hand and official
sigr~atur~.at ~ Delray Beach ,FIorida, thisthe 28th dayof. July ,1999 .
~'l~'k; ...,'~,~_.~,, [~ David T. Harden
-~--C/~"w-7~ ( ~ ' nager 100 NW 1st Ay., Delray Beach, FL
Signature and Ti~e of Chief Admlni~tr&tive Officer
100 N.W. 1st Avenue Joseph M. Safford, Director of Finance
Mailing Addreetr Name of Cc~ta=l Per~o~
Delray Beach, FL 33444 561-243-7116 561-243-7166
City State Zip Phone Number Fax Number
SEE INSTRUCTIONS ON REVFRRF RIIJi=
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/~C- REGULAR MEETING OF SEPTEMBER 7~ 1999
RESOLUTION NO. 58-99 (TENTATIVE BUDGET ADOPTION FOR FY
2000)
DATE: SEPTEMBER 2, 1999
Resolution No. 58-99 makes tentative appropriations of sums of
money for all necessary expenditures of the City for fiscal year
2000. The budget summary is set forth at Exhibit "~' to the
resolution.
Pursuant to the City Charter and TRIM requirements, a public
hearing must be held prior to the adoption of the tentative
budget. Final adoption of the budget for FY 2000 is scheduled
for September 21, 1999.
Recommend approval of Resolution No. 58-99.
Ref:Agmemo20.Res58-99.Tentative Budget Adoption
RESOLUTION NO. 58-99
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
TENTATIVE APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY
OF DELRAY BEACH FOR THE PERIOD FROM THE 1sT
DAY OF OCTOBER, 1999, TO THE 30TM DAY OF
SEPTEMBER, 2000; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO
THE ITEMS OF APPROPRIATIONS AND THEIR
PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION AND
ALL RESOLUTIONS INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached
hereto and marked Exhibit "A", are hereby tentatively
appropriated upon the terms and conditions herein set forth.
Section 2. That, subject to the qualifications
contained in this resolution, all appropriations made out of the
General Fund are declared to be maximum, conditional and
proportionate appropriations, the purpose being to make the
appropriations payable in full in the amounts herein named if
necessary and then only in the event the aggregate revenues
collected and other resources available during the period
commencing the 1st day of October, 1999, and ending the 30th day
of September, 2000, for which the appropriations are made, are
sufficient to pay all the appropriations in full. Otherwise,
said appropriations shall be deemed to be payable in such
proportion as the total sum of realized revenue of the General
Fund is to the total amount of revenues estimated by the City
Commission to be available in the period commencing the 1st day
of October, 1999, and ending the 30th day of September, 2000.
S~ction 3. That all balances of the appropriations
payable out of the General Fund of the City Treasury
unencumbered at the close of business on the 30th day of
September, 1999, except as otherwise provided for, are hereby
declared to be lapsed into the City Treasury and may be used for
the payment of the appropriations which may be made in any
appropriation for the fiscal year commencing the 1st day of
October, 1~99. However, nothing in this section shall be
construed to be applicable to unencumbered balances remaining to
the credit Df the Water and Sewer Fund, Sanitation Fund or any
Fund create~ by the setting up of special revenue, but such
balances shall be used in financing the proposed expenditures of
these Funds for the fiscal year commencing the 1st day of
October, 19~9.
Section 4. That no department, bureau, agency or
individual ~eceiving appropriations under the provisions of this
resolution shall exceed the amount of its appropriation, except
with the consent and approval of the City Commission first
obtained. If such department, bureau, agency or individual
shall exceed the amount of its appropriation without such
consent and approval of the City Commission, the administrative
officer or individual, in the discretion of the City Commission,
may be deemed guilty of neglect of official duty and may be
subject to removal therefor.
Section 5. That nothing in this resolution shall be
construed as authorizing any reduction to be made in the amounts
appropriated in this resolution for the payment of interest on,
or retirement of, the debt of the City of Delray Beach, Florida.
Se=tion 6. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer
Fund, Sanitation Fund or any other Fund of the City shall be
expended foz any purposes other than those for which they are
appropriated, and it shall be the duty of the Budget
Administrator and/or Finance Director to report known violations
of this sect[on to the City Manager.
2
Res. No. 58-99
Section 7. That all monies collected by any
department, bureau, agency or individual of the City government
shall be paid promptly into the City Treasury.
Section 8. That the foregoing budget is hereby
tentatively adopted as the official budget of the City of Delray
Beach, Florida, for the aforesaid period. However, the
restrictions with respect to the expenditures/expenses of the
funds appropriated shall apply only to the lump sum amounts for
classes of expenditures/expenses which have been included in
this resolution.
Section 9. That a public hearing was held on the
tentative tax levy and the tentative budget on Septe~er 7,
1999.
Section 10. That this resolution shall become
effective immediately upon its passage.
PASSED AND ~OP~D in regular session on this the 7th
day of Septe~er, 1999.
ATTEST:
- - JCit~ ~erk
3
Res. No. 58-99
EXHIBIT A
BUDGET SUMMARY
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 250,000 0 1,030,290 0 1,280,290
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 6.91 20,852,410 20,852,410
AD VALOR EM TAXES 0.74 2,233,110 2,233,110
AD VALOREM-DELINQUENT 62,000 62,000
AD VALOREM - DDA 1.00 128,620 128,620
Sales & Use Taxes 1,420,400 1,420,400
Franchise Taxes 3,177,000 3,177,000
Utility Taxes 5,800,000 5,800,000
Licenses & Perm its 2,233,680 2,233,680
Intergovernmental 5,408,170 45,000 1,177,850 6,631,020
Charges for Services 4,444,510 28,444,900 32,889,410
Fines & Forfeitures 637,900 637,900
Miscellaneous Revenues 2,843,340 3,000 958,770 11,200 3,816,310
Other Financing Sources 2,370,560 50,000 1,003,420 3,423,980
TOTAL REVENUES AND OTHER
FINANCING SOURCES 51,483,080 131,620 29,498,670 2,192,470 83,305,840
TOTAL ESTIMATED REVENUES
AND BALANCES 51,733,080 131,620 30,528,960 2,192,470 84,586,130
EXPENDITURES/EXPENSES:
General Government Services 5,887,810 5,887,810
Public Safety 28,576,390 28,576,390
Physical Environment 326,580 15,471,460 15,798,040
Transportation 1,308,130 1,308,130
Economic Environment 1,186,580 131,620 1,336,280 2,654,480
Human Services 188,520 188,520
Culture & Recreation 7,177,530 3,156,080 431,230 10,764,840
Debt Service 4,356,440 4,990,680 9,347,120
Other Financing Uses 2,658,100 4,562,510 297,090 7,517,700
TOTAL EXPENDITURES/EXPENSES 51,666,080 131,620 28,180,730 2,064,600 82,043,030
Reserves 67,000 0 2,348,230 127,870 2,543,100
TOTAL EXPENDITURES AND RESERVES 51,733,080 131,620 30,528,960 2,192,470 84,586,130
Res. No. 58-99
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~,~t/[
SUBJECT: AGENDA ITEM #/~/~ REGULAR MEETING OF SEPTEMBER 7, 1999
ORDINANCE NO. 34-99 {GARBAGE & TRASH RATES)
DATE: SEPTEMBER 3, 1999
This is first reading for Ordinance No. 34-99 which adjusts the garbage and trash rates in accordance
with our franchise agreement with BFI for residential and commercial collection service.
The collection portion of the sanitation rates reflects a 2.3% increase for FY 2000 in accordance with
the Consumer Price Index. Disposal rates have also been adjusted upward according to the Solid
Waste Authority's increase in the per ton disposal charged to haulers in the upcoming year.
Recommend approval of Ordinance No. 34-99 on first reading. If passed, a public heating will be
scheduled for September 21, 1999.
RefiAgmemo21.Ord.34-99.Garbage & Trash Rates
ORDINANCE NO. 34- 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
INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION
SERVICE RATES FOR FY 2000; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission finds it necessary and
appropriate to increase the collection rates for sanitation
services.
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", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied for
collection service:
Charges for the below-described collection service shall
be as follows and shall commence when a certificate of occupancy is
issued for any residential or commercial units, and shall continue
monthly thereafter unless service is discontinued in accordance with
Sec. 51.73:
(A) Residential Service (Single F~ily Homes, Duplexes,
Triplexes, Quadplexes and Mobile Homes)
Curbside Rollout Carts
Monthly Service Cost Per Unit
Garbage Collection $ 2.g9 2.75
Recycling l.=vA~ 1. 49
Yard Trash 1.36 1.39
Bulk Trash 0.67 0.69
Total Fees - Contractor $ 6.18 6.32
Cart Replacement 0.90
Administrative Fee 0.35
Franchise Fees (5%) 0.31 0.32
Total Fees $ gu--_74 7.89
Reardoor Owner Container
Monthly Service Cost Per Unit
Garbage Collection $ ~.25 8.44
Recycling ~.=vA~ 1.49
Yard Trash 1.36 1.39
Bulk Trash 0.67 0.69
~ 12.01
Total Fees - Contractor $~.74
Administrative Fee 0.35
Franchise Fee (5%) 0.59 0.60
Total Fees $~68 12.96
Curbside Disposable Bags With Vegetative Waste and Bulk
Trash Pickup
Monthly Service Cost Per Unit
Garbage/Trash Collection $ 1.68 1.72
Recycling ~.~vo~ 1.29
Yard Trash 1.36 1.39
Bulk Trash 0.67 0.69
Total Fees - Contractor $=.j, ~ ~ 5.09
Administrative Fee 0.35
Franchise Fee (5%) 0.25
Total Fees $ 5.57 5.69
2
Ord. No. 34-99
(B) Multi-Family Service
Multiple-family dwelling units containing five (5)
units or more shall use containers emptied by mechanical means,
except as otherwise approved by the City because of lack of suitable
space for a mechanical container or other good reason. Multiple-
family monthly fees shall include a container charge and per unit
charge. If the amount of refuse generated requires more than two
(2) times per week collection, then the third (3rd) and all
subsequent collections shall be charged the commercial collection
rate only.
Multiple-F~ily Rates
Container Monthly Maintenance Charge
Total
Container Size Monthly Cost Franchise Fee Container Fees
2 yd. $19.40 $1.94 $21.34
3 yd. 21.44 2.14 23.58
4 yd. 22.21 2.22 24.43
6 yd. 25.53 2.55 28.08
8 yd. 27.09 2.71 29.80
Collection & Hauling Rate Per Unit
Monthly Service Monthly Cost Per Unit
Refuse Collection $1.41 1.44
Recycling 0.~3 0.85
Total Per Unit Fee-Contractor $2.2~ 2.29
Administrative Fee 0.35
Franchise Fee (10%) 0.22 0.23
Total Monthly Fees Per Unit $~ 2.87
3
Ord. No. 34-99
(C) Commercial
(1) Commercial customers shall use mechanical
containers or rollout carts. Commercial customers shall include all
customers other than residential or multi-family customers.
Commercial customers may use any of the following containers for
accumulation of refuse:
(a) Rollout carts. The City shall require any
commercial customer needing more than six (6) rollout carts to use
mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments
and other commercial customers shall accumulate such refuse in those
locations mutually agreed upon by the owner/operator and the City or
its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be
provided by the City or its contractor. These containers shall be
emptied on a schedule mutually agreed upon by the customer and the
City or its contractor, but not less than one day a week nor more
than six days a week.
(4) Commercial customers needing six (6) or less
rollout carts, and those approved for this type of service by the
City in advance because they lack a suitable location for a
mechanical container shall be serviced at least once per week. All
garbage and commercial trash shall be collected from such refuse
containers at locations agreed to between the City or its contractor
and the customer. The charge shall be based upon the following
schedule:
4
Ord. No. 34-99
Commercial Rates (Monthly)
Container
Size Container Pickup Frequency (Per Week)
Collection $ 9 09 $ ~o ~a $ o7 oo $ ~ ~7 $ ~ $ ~A ~
9.27 18.53 27.80 37.06 46.33 55.60
Disposal ~A~.~ 29.~0~ ~.~ ~°.~v°n 7o=.74 87~.29
16.28 32.56 48.84 65.12 81.40 97.68
Container
Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40
Total -
Contractor Fees $ 4-3=4)4 $ ==~.v~=" $ ~.~n~ ~ $~3.. .97, $137,.~=~ $I=~..25
44.95 70.49 96.04 121.58 147.13 172.68
Franchise
Fees (10%) ~ ~n ~ ~7 a ~ ~ ~a ~ 7~ ~6 13
4.50 7.05 9.60 12.16 14.71 17.27
Total Fees $ ~ $ ~ $ ~ $~25.27 $15~.37 $~-7~
49.45 77.54 105.64 133.74 161.84 189.95
Collection $ ~ =~ $ o7 oo $ ~ ao $ ~ ~ $ ~o 20 $ o~ o~
13.90 27.80 41.70 55.60 69.50 83.40
Disposal 21.~2 43.65 65.47 87.29 109.12 130.94
24.42 48.84 73.26 97.68 122.11 146.53
Container
Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44
5
Ord. No. 34-99
Total -
1~
Contractor Fees $ ~ ~n $ ao ~7 $~7 $163 29 $I~O
59.76 98.08 136.40 174.72 213.05 251.37
Franchise
Fees (10%) ~ ~n ~ o~ 4o 7o ~ ~Q ~n oo o~ ~o
5.98 9.81 13.64 17.47 21.31 25.14
Total Fees $
65.74 107.89 150.04 192.19 234.36 276.51
4 yd
Collection $ Ig.19 $ 3~.37 $ 54.5~ $ 72.74 $ 90.93 $109.12
18.53 37.06 55.60 74.13 92.66 111.19
Disposal ~°n.~v~n ~v.~° on 8-7=-2-9 ~.~= ~n ~ 174.59
32.56 65.12 97.68 130.25 162.81 195.37
Container
Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21
Total -
Contractor Fees $ {9.50 $11{.78 $I{~.06 $211.34 $258.{3 $305.92
73.30 124.39 175.49 226.59 277.68 328.77
Franchise
Fees (10%) ~ aK ~ ~o ~ ~ o4 ~ o~ o~ ~n ~a
7.33 12.44 17.55 22.66 27.77 32.88
Total Fees $
80.63 136.83 193.04 249.25 305.45 361.65
- 6 - Ord. No. 34-99
6 yd
Collection $
27 · 80 55.60 83.40 111.19 138 . 99 166.79
Disposal 43 == o7 on ~n a~ ~A ~a ~o ~ 261 8~
48.84 97.68 146.53 195.37 244.21 293.05
Container
Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53
Total -
Contractor Fees $er.nc=A=~ ~,.~=~ ~° $o~o~.31 ~.~nn 2A-. ~°0.~6 $451.0°~
102.17 178.81 255.46 332.09 408.73 485.37
Franchise
Fees (10%) 9 ~5 ~ 74 ~ o~ ~ ~ ~o ~ 45 11
10.22 17.88 25.55 33.21 40.87 48.54
Total Fees $~4~-_~-~
112.39 196.69 281.01 365.30 449.60 533.91
8 yd
Collection $ ~ ~ $ ~o ~A $109 ~o $I~ ~9 $~
37.06 74.13 111.19 148.26 185.32 222.39
Disposal 58 o~ ~= ~a ~A ~n o~o ~o onn 95 ~Aa ~
65.12 130.25 195.37 260.49 325.62 390.74
Container
Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09
Total -
Contractor Fees $121.~ $21~.22 $310.80 $405.36 $499.93 $~94-~4~
129.27 231.47 333.65 435.84 538.03 640.22
Franchise
Fees (10%) 12 17 01 ~o ~ ~o ~ Aa aa ~a A~
12.93 23.15 33.37 43.58 53.80 64.02
Total Fees $~=8~8~ $[~-~84 $84~-~88 $~ $~49~9~ $6ru~3=z-94
142.20 254.62 367.02 479.42 591.83 704.24
- 7 - Ord. No. 34-99
Commercial/Multi-Family Rolloff Containers:
Open-top rolloff container
$95.00 per pickup plus disposal cost
Compactors
$95.00 per pickup plus disposal cost;
PLUS monthly container rental
15 Yard $250.00
20 Yard 295.00
30 Yard 345.00
40 Yard 395.00
Excludes commercial recycling and construction/demolition
debris.
95-Gallon Cart Service
~ $io~ o~ ~ ~o $~= O0
- 8 - Ord. No. 34-99
Total Total
Pickups Monthly Frch. Monthly
Per Week Collection* Disposal Container Charge Fee Fee
1 $ 14.33 $ 8.14 $2.00 $ 24.47 $ 2.45 $ 26 92
2 25.65 16.28 2.00 43.93 4.39 48 32
3 36.95 24.42 2.00 63.37 6.34 69 71
4 48.25 32.56 2.00 82.81 8.28 91 09
5 59.57 40.70 2.00 102.27 10.23 112 50
6 70.87 48.84 2.00 121.71 12.17 133 88
NOTE: The foregoing rates are based on ~ ..... $28.00 per ton
~.'~ tov~ ($1.88 per cubic yard), which is the anticipated Solid
Waste Authority tipping fee to be effective October 1, 19999.
(D) The charges set forth above for mechanical containers
and rollout carts shall accrue and be payable on the total
capacity of the container whether or not it is full. Containers
of the type and size designated by the City or provided by the
City's contractor shall be used.
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.
- 9 - Ord. No. 34-99
Section 4. That this ordinance shall become effective on
October 1, 1999.
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
- 10 - Ord. No. 34-99
DELRAY BEACH
~ll-Jl~efJl~aCJllj 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
,~TO: David T. Harden
City Manager
993
FROM: Robert A. Bareinski
Assistant City Manager
DATE: August 31, 1999
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 1999
FIRST READING - IMMOBILIZATION ORDINANCE ~75'-q~
ACTION
City Commission is requested to approve on first reading a proposed immobilization ordinance.
BA CKGR 0 UND
Staff and the Parking Management Advisory Board are recommending an Immobilization
Ordinance to regulate booting of vehicles.
As you may recall the City and the Chamber of Commerce received numerous citizen complaints
when the previous owners of Atlantic Plaza did booting. The primary complaints included the
following:
Inadequate signage
The fee charged was too high and could only be paid in cash
Citizens received no warning fi.om the booting attendant
This practice of booting vehicles on private property was legal, however the City had no way to
control the process and we and the Chamber of Commerce took a considerable amount of
criticism.
The proposed ordinance sets the maximum fee at $25.00, standardizes the signage, requires
verbal warnings fi.om the on site attendant, and allows for the payment by cash, credit card, or
check. The Parking Management Advisory Board recommended approval at their 08/24/99
meeting.
RECOMMENDATION
Staff recommends approval of the proposed Immobilization Ordinance on First Reading. If
passed Second Reading/Public Hearing will be held on September 21, 1999.
RAB/tas
File:u:sweeney/agenda
Doc:O83199a
THE EFFORT ALWAYS MATTERS .
/,~ ~'
[IT¥ OF DELR~¥ ;EEE~
CiTY ATTORNEY'S OFFICE ~oo ,w
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-709 !
AIP~,merica City
'- DATE: August 27, 1999
~ 903
ASS/S i~,,~
CiTY MANAGER
TO: Robert A. Barcinski, Assistant City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Immobilization Ordinance
Attached please find a revised Immobilization Ordinance.
SAR:ci
Attachment
ORDINANCE NO. 35-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS" OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY ENACTING A NEW
SUBSECTION 71.030, "IMMOBILIZATION REGULATIONS",
TO ENACT GUIDELINES GOVERNING THE IMMOBILIZATION
OF VEHICLES ON PRIVATE PROPERTY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the use of immobilization devices prior to
the removal of unauthorized vehicles parked on private property
is not prohibited by law; and
WHEREAS, the practice of immobilization upon
commercial property is also a commercial venture and an
occupation subject to the occupational license requirements of
the City and reasonable regulation; and
WHEREAS, the City of Delray Beach has the authority to
regulate certain aspects of immobilization of vehicles under its
home rule powers; and
WHEREAS, the City of Delray Beach deems it advisable
and in the public interest to enact provisions regulating
private real property owners engaged in the act of immobilizing
unauthorized vehicles parked on their property prior to
requesting and/or arranging for their removal.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, ~Parking Regulations", of
the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended by enacting Subsection 71.030, "Immobilization
Regulations", to read as follows:
Section 71.030 IMMOBILIZATION REGULATIONS.
(A) Occupational License Required: No property owner
or immobilization contractor, without written authorization,
shall engage in the business of immobilization of motor vehicles
parked on private property. Such property owner or
immobilization contractor shall first obtain an occupational
license in accordance with the procedures set out in Chapter 110
of the Code of Ordinances of the City of Delray Beach. For
purposes of this section, the term "property owner" shall
include and refer to the owner, lessee, or controller, person or
entity otherwise in control of real property, their agents,
servants, or employees. Such term shall also include and refer
to, for purposes of this article, except as otherwise provided,
any person or firm authorized by the owner, lessee, or
controller to engage in the business of immobilization of
unauthorized motor vehicles parked on private property of such
owner, lessee, or controller, their agents, servants or
employees. These latter-named persons or immobilization
contractor shall sometimes be referred to in this section as the
"contractor". The term "premises" shall mean the private
property owned, controlled or used by a property owner for the
parking of motor vehicles as its business or auxiliary to its
business.
(B) Requirements for Immobilization Contractor or
Property Owner: A property owner or immobilization contractor,
to be in compliance with the provisions of this section must
comply with the following requirements:
(1) Notice: Property owners are required to
post notice if vehicles are subject to immobilization.
a. The notice must clearly indicate on a
sign that parking is reserved for customers only and
unauthorized vehicles will be subject to immobilization at the
owner's expense.
b. The notice must also provide the name
and telephone number of the person or firm immobilizing the
vehicle, the fee for the removal of the immobilization device,
such fee not to exceed a maximum rate of twenty-five dollars
($25.00), and acceptable methods of payment. Such methods shall
include cash, check payable in U.S. funds and credit card.
c. The notices shall read substantially
in not less than three inches (3") high, light reflective
letters on a contrasting background, the words "RESERVED
2
Ord. No. 35-99
PARKING"; in not less than one and one-half inches (1-1/2")
high, light reflective letters on a contrasting background, the
words "Customers of (insert name of facility) Only -
Unauthorized Vehicles Subject to Immobilization and a Fee of
$25.00"; in not less than three-quarters of an inch (3/4") high,
light reflective letters on a contrasting background, the words
"To Remove Immobilization Device Call: (insert name, address and
telephone number to call to request removal of the
immobilization device)".
d. Notice must be prominently placed at
each driveway access or curb allowing vehicular access to the
property and within five feet (5') from the public right-of-way
line.
e. The sign structure containing the
required notices must be permanently installed with the bottom
of the sign not less than four feet (4') above ground level and
must be continuously maintained on the property for not less
than 24 hours prior to the immobilizing of any vehicles.
f. The City is authorized to require
permitting and inspection of these signs prior to any
immobilizing of vehicles being authorized.
(2) Inspection of Real Property Where
Immobilization is Used to Enforce Parking Restrictions: The
property owner shall provide access to the City Manager or his
designee in order to inspect the required signs on premises
where immobilization is used to enforce parking restrictions.
(3) Notification to Owner: Prior to
immobilization, the property owner or immobilization
contractor's representative shall attempt to notify the owner,
operator, or person legally in control of the vehicle to have
that person retrieve it promptly before the vehicle is
immobilized. Notification to a person within reasonable access
shall be made by a verbal warning.
3
Ord. No. 35-99
(4) Method of Immobilization: Immobilization
shall be accomplished by placing a steel boot to the front wheel
on the driver's side of the motor vehicle. The steel boot may
be placed on any other wheel if placement on the front wheel on
the driver's side is not feasible.
(5) Warning Sign Requirement: Upon
immobilization, the property owner shall affix a warning notice
written in English, Spanish and Creole, on the driver's side
window of the vehicle, indicating that the vehicle is
immobilized and that any attempt to move it will cause damage,
and shall provide the telephone number to contact for release of
the immobilization device, and the fee for its removal. The
warning sign shall be in a form acceptable to the City.
(6) Availability and Response Time: The
property owner or immobilization contractor shall make available
on a 24-hour, seven-days-a-week basis, attendants and equipment
for the timely release of the immobilization device. The
immobilization contractor is required to remove the
immobilization device from the vehicle within thirty (30)
minutes of a call for said service by the owner of the
immobilized vehicle.
(7) Record of Contracts: The property owner
or immobilization contractor shall file and maintain on record
at all times with the City Manager or his designee a list of any
and all current written contracts for immobilization services on
private real property within the City limits. The list shall be
kept current and shall provide the City with (a) the address of
the real property; (b) the date of the agreement; (c) a contact
name and telephone number at the premises.
(8) Insurance: The property owner or
immobilization contractor shall file with the City's Risk
Manager and have in effect an insurance policy or certificates
of insurance in lieu thereof, which shall indemnify or insure
the property owner or immobilization contractor for all claims
of damage to property resulting from any action or operation in
connection with the service performed, such amount not to be
less than Twenty Thousand and 00/100 Dollars ($20,000.00) for
each incident.
4
Ord. No. 35-99
(9) Recordkeeping Procedures: The property
owner or immobilization contractor shall keep an immobilization
log with information including but not limited to: date and
time the vehicle was observed illegally parked, compliance with
subsection (3) of this section, the date and time of
immobilization, the location/address of the real property where
the immobilization took place, make, model, color and license
tag number of the vehicle immobilized. In addition, the
immobilization contractor shall include in the log the following
release information: verification of vehicle ownership, the
name of the person removing steel boot and the name of person
requesting two service, if applicable. Ail files, records, and
logs shall be available for inspection and checking on the
subject premises during normal working hours by the City Manager
or his designee.
(10) Ethics and Conduct: The property owner
and immobilization contractor shall conduct their business in an
orderly, ethical and business-like manner at all times, and
shall use every means to obtain and keep the confidence of the
motoring public. Ail public contact shall be courteous.
(C) Enforcement: If at any time a property owner or
immobilization contractor shall fail or refuse to comply with,
or violates, any of the provisions of this section, such
property owner engaging the services of the immobilization
contractor shall be subject to the enforcement under Chapter 37
of the Code of Ordinances of the City. Additionally, the City
may seek injunctive relief, or any other remedy allowed by law.
(D) Exemptions: Nothing in this section shall affect
the rules and regulations governing any person or firm engaged
in the towing and removal of vehicles parked on private property
within the City.
(E) Rebates: The rebate or payment of money or any
other valuable consideration, directly or indirectly from the
individual or firm immobilizing or removing vehicles to the
owners or operators of the premises from which the vehicles are
immobilized or removed, for the privilege of immobilizing or
removing those vehicles, is prohibited.
5
Ord. No. 35-99
(F) Identification: The immobilization contractor's
employees or agents shall wear identification tags stating the
full name of the contractor and the name of the employee or
agent; no identification worn by contractor's employees or
agents shall use the words "Enforcement", "Department",
~Police", or "Parking'. Said identification tags shall be
prominently displayed on the front left side of the employee or
agent's shirt. Contractor's employees or agents shall not wear
uniforms that bear resemblance to Police or other enforcement
officers. Ail contractor vehicles shall display the company
name (or name of joint venture, or individual owner or other
entity ownership) on the driver and passenger side of the
vehicle in letters at least three inches (3") high. The
company's address (or address of joint venture, or individual
owner or other entity ownership) and telephone number shall be
displayed on the driver and passenger side of the vehicle in
letters at least one inch (1") high. No contractor shall use
the words ~Enforcement", ~Department", ~Police", or ~Parking" in
its company name (or name of joint venture, fictitious name, or
entity name).
(G) Citizen Complaints: The immobilization
contractor shall respond in writing to any complaints received
by the City Manager or his designee concerning misconduct on the
part of contractor or its employees or agents, such as excessive
charges, poor business practices, discourteous service, damage
to vehicles, failure to give notice as required by this
ordinance. The City Manager or his designee shall notify
contractor of any complaints within five (5) business days from
receipt of the citizen complaint. Contractor shall provide any
additional explanation or information with respect to the
particular complaint within five (5) days upon notification. A
written disposition of the complaint will be forwarded to the
contractor and the citizen complainant upon completion of the
investigation.
(H) Existing Use of Immobilization Devices: Any
property owner that was immobilizing vehicles or was using an
immobilization contractor to immobilize vehicles prior to the
enactment of this ordinance shall not be subject to the
provisions of this ordinance for a period of one (1) year after
the effective date. Thereafter, the property owner must be in
6
Ord. No. 35-99
compliance with the provisions of this ordinance. However, if a
property owner has entered into a valid contract with an
immobilization contractor prior to first reading of this
ordinance, then the property owner shall comply with the
provisions of this ordinance to the extent that it does not
conflict with the terms and conditions of the contract. The
property owner must furnish a copy of the contract to the City
if the property owner claims that compliance with this ordinance
cannot be achieved because of an existing contract. Upon
expiration of the contract, the property owner shall comply with
all the provisions of this ordinance.
Section 2. That should any section or provision of
this ordinance, or any portion thereof, or 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
on October 1, 1999.
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
7
Ord. No. 35-99