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08-17-99 Regular COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph 243-7127 (voice), or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager 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 3, 1999 6. Proclamations: A. Recognizing and commending the First Haitian Community C.E.R.T. (Community Emergency Response Team) Class B. Expressing sincere thanks to our Sister City, Miyazu, Japan, for their gracious hospitality to our First Business Exchange delegation C. Literacy Awareness Month - September 1999 7. Presentations: A. Presentation by Sister City Committee (Tanzania) B. Presentation by Randal Krejcarek, City Engineer, concerning alley abandonment in the City 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/TRACT "E" DELRAY PARK OF COMMERCE: Approve the final plat for Tract "E" Delray Park of Commerce, being a replat of Tract "E", Delray Park of Commerce as recorded in Plat Book 54 at Pages 188-190, Public Records of Palm Beach County. The subject property is located north of Lake Ida Road on the east side of N.W. 17th Avenue adjacent to the CSX Railroad. B. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT WITH NCF&O AND MEMORANDUM OF UNDERSTANDING: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local 1227, for the three year period October 1, 1998 through September 30, 2001. Regular Commission Meeting August 17, 1999 C. AMENDMENT TO CONSOLIDATED ACTION PLAN FOR FY 1999: Approve Amendment #1 to the previously approved Consolidated Action Plan for FY 1999 and the approved use of funds under the Community Development Block Grant (CDBG) Program by deleting $50,000 in support of the rehabilitation of Lake Delray Apartments and adding $50,000 to support the master site improvement plan at Carver Estates. D. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $47,450.00 for three income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program). These awards (one in the amount of $16,750, one in the amount of $15,000 and one in the amount of $15,700) represent the 90th, 91st and 92nd homeownership assistance grants provided under the Renaissance Program. E. SUBORDINATION OF UTILITY INTERESTS AGREEMENT WITH PALM BEACH COUNTY: Approve a subordination agreement with Palm Beach County for a City easement over a portion of Tract Z of the Plat of Linton Lake II which abuts Linton Boulevard along the south right-of-way and is needed by the County for additional right-of-way to accommodate the planned widening of Linton Boulevard. F. REMOVED G. PURCHASE OF MICROSOFT CLIENT LICENSES FOR NEW AND EXISTING NETWORK SOFTWARE: Approve the purchase of Microsoft Software License upgrades in the amount of $76,321.00 from PC Mall (lowest of four quotes obtained). The updated license agreements will provide up-to-date releases of the MS Office currently used in the City's microcomputer environment. The licenses are for two years and will be funded from 334-6112-519-66.10 (General Construction Fund/Software). H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 2nd through August 13, 1999. I. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $20,400.00 to FireCo, Inc. for the purchase of a thermal imaging camera to be used by the Fire Department, with funding from 001-2315-526-64.90 (Fire Operations - Other Machinery & Equipment). 2. Contract award in the amount of $205,965.00 to Chaz Equipment Company, Inc. for the S.E. 4th Avenue Water Main Improvements project, with funding from 442-5178-536-61.78 (Water Main Distribution) in the amount of $121,530.00 from current FY 1999 budget and $84,435.00 from FY 2000 budget. 3 Regular Commission Meeting August 17, 1999 9. Regular Agenda: A. TEMPORARY CERTIFICATE OF OCCUPANCY/LAKEVIEW BAPTIST CHURCH: Consider a request to allow the issuance of a temporary certificate of occupancy for Lakeview Baptist Church in order to allow use of the newly constructed fellowship hall and classroom addition prior to construction of a required stabilized sod parking and associated improvements. The subject property is located on the east side of North Swinton Avenue just south of the City limits and north of N.W. 22nd Street. B. SPECIAL EVENT REOUEST/3RD ANNUAL GODZILLA, SUSHI AND HOT BIKES FESTIVAL: Consider a request for special event approval for the 3rd Annual Godzilla, Sushi and Hot Bikes Festival to be held on October 3, 1999, including a temporary use permit for the use of Railroad Avenue from Atlantic Avenue to N.E. 1st Street, allow street pole banners to be placed on Atlantic Avenue more than one week prior to the event, permit the use and set up of the large City stage at 50% of the rental cost, and staff assistance for street barricading and Police security. C. SPECIAL EVENT REQUEST/AVDA 5K WALK: Consider a request for special event approval for the 1st Annual Aid to Victims of Domestic Abuse 5K Walk to be held on Saturday, October 30, 1999, beginning at 7:30 a.m., including a temporary use permit for the use of Anchor Park and City right-of-way along A1A, and staff assistance for barricading streets and traffic control. D. SPECIAL EVENT REQUEST/5TH ANNUAL DELRAY BEACH STREET CRAFT FESTIVAL: Consider a request for special event approval for the 5th Annual Delray Beach Street Craft Festival to be held on September 25-26, 1999, from 10:00 a.m. to 5:00 p.m., including a temporary use permit for the use of NE/SE 4th Avenue, one block north and south of Atlantic Avenue, and authorize staff support for security. E. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two regular members and two alternate members to the Board of Adjustment for two year terms ending August 31, 2001. The appointments will be made by Mayor Alperin (regular member), Commissioner Schmidt (regular member), Commissioner Archer (alternate member), and Commissioner Wright (alternate member). F. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four regular members to the Board of Construction Appeals for two year terms ending August 31, 2001. The appointments will be made by Commissioner Randolph (archictect position), Mayor Alperin (general contractor position), Commissioner Schmidt (master plumber position), and Commissioner Archer (sign contractor position). -4- Regular Commission Meeting August 17, 1999 G. SECURITY LIGHTING IN THE SEACREST/DEL-IDAAREA: 10. Public Hearings: A. ORDINANCE NO. 29-99 (POLICE & FIRE RETIREMENT PLAN): An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code to enhance certain retirement benefits to participants of the Police and Firefighter's Retirement Plan by increasing certain multipliers, by allowing changes in the beneficiary after the retirement date and eliminating offsets for disability retirees. 1. ADDENDUM TO AGREEMENT (POLICE & FIRE PENSIONS): Consider approval of an Addendum to Agreement by and among the City, the Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System, Professional Firefighters and Paramedics of Delray Beach, Local 1842, IAFF, and the Police Benevolent Association (PBA) which makes the same clarifications to the early retirement incentive (window) provisions and the retirement benefit enhancement as set forth in Ordinance No. 29-99. B. ORDINANCE NO. 30-99 (GENERAL EMPLOYEES RETIREMENT PLAN): An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the City Code to enhance certain retirement benefits to certain participants of the General Employees Retirement Plan by changing the normal retirement date, providing for no employee contributions, providing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. 1. RESOLUTION NO. 52-99: Consider approval of a resolution establishing a Deferred Retirement Option Plan for certain eligible employees and adopting the Declaration of Trust of ICMA Retirement Trust; and providing for a Coordinator. C. ORDINANCE NO. 28-99 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Section 4.6.9, "Off Street Parking Regulations", Subsection (C), "Number Of Parking Spaces Required", dealing with parking requirements for certain mixed use projects. D. ORDINANCE NO. 31-99 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 99-2): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 99-2, and authorize transmittal to the State Department of Community Affairs for review. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. Regular Commission Meeting August 17, 1999 A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 32-99 (POLICE & FIRE DROP PLAN): An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code by amending Section 33.62, "Benefit Amounts and Eligibility", to provide that current employees who are enrolled in the Deferred Option Retirement Plan as of the effective date of this ordinance shall be entitled to the 3% multiplier starting with those monthly retirement payments issued after October 1, 1999. If passed, a public hearing will be scheduled for September 7, 1999. B. ORDINANCE NO. 33-99: An ordinance rezoning property from GC and R-1-A to CF (Community Facilities) in conjunction with the expansion of the Tennis Center. If passed, a quasi-judicial public hearing will be scheduled for September 7, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR..MEETING - AUGUST 17, 1999 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CMAMBERS AGENDA ADDENDUM THE PROCLAMATION AGENDA IS AMENDED BY ADDING THE FOLLOWING: 6. Proclamations: D. Recognizing and commending Father Thomas E. Shepherd WHEREAS, the Community Emergency Response Team (C.E.R.T.) Program is designed to provide trained members of the community to assist other members of the community in the event of a disaster; and WHEREAS, the program includes training in emergency preparedness, hazard recognition and fire suppression, disaster medical procedures, light search and rescue, disaster psychology, team organization and operations; and WHEREAS, community volunteers complete an 8 week course and are trained to assist the professional fire rescue services and to act independently until those services can arrive to render assistance; and WHEREAS, the Delray Beach Fire Department began its first Community Emergency Response Team (C.E.R.T.) Program in April 1997, and since that time has trained over 260 city residents to assist their neighbors until help arrives; and WHEREAS, on June 1, 1999, the Delray Beach Fire Department graduated the first Haitian Community class in the nation. The volunteers very actively participated in simulated disaster exercises of emergency preparedness training. NOW, THEREFORE, I, Jay Alperin, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend DELRA Y BEACH'S FIRST HAITIAN COMMUNITY C.E.R. T CLASS for their exemplary examples of volunteerism and willingness to become involved with a program designed to provide assistance to fellow community members. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th of August, 1999. Jay Alperin Mayor WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 1956 as an avenue to open communication and a means to promote friendship and understanding between nations and lessen the chance of future worm conflicts; and WHEREAS, the Sister City program serves as a vehicle to bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Miyazu, Japan established a Sister City affiliation in April 1977; and WHEREAS, during the past 22 years our communities have had city officials and citizens exchange visits and have recently established Student and Business Exchange Programs. Delray Beach is enthusiastically sending its first Business Exchange delegation to Miyazu on September 7, 1999; and WHEREAS, Bill Wood, President of the Greater Delray Beach Chamber of Commerce will explore the possibilities for business exchange and trade. Lt. Larry Garito of the Delray Beach Fire Department will examine Miyazu's fire rescue services and disaster preparedness plans. Police Officer Tony Durante hopes to gain knowledge about crime prevention and law enforcement in Japan for possible use in Delray Beach. Barbara Garito, Deputy City Clerk, is interested in Miyazu's city government, records retention and Y2K compliance; and WHEREAS, on this occasion the City of Delray Beach wishes to thank the citizens of Miyazu, Japan for this opportunity to share information and sincerely thanks them for the gracious hospitality extended to our delegation. 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 send our best wishes for good health and fortune to all the citizens of Miyazu, Japan, and extend our hands in friendship and peace. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of August, 1999. Jay Alperin Mayor WHEREAS, an estimated 90 million adults do no have the literacy skills required to fully participate in society; and Ve~IEREAS, adult illiteracy costs society an estimated $225 billion a year in lost industrial productivity, unrealized tax revenues, welfare, crime, poverty, and related social ills; and WHEREAS, literacy is a crucial step in preparing adults for the workforce; and WHEREAS, in Palm Beach County as many as 22% of adults function at the lowest level of literacy; and WHERF~S, almost 40% of children in the fourth grade do not test at grade level in reading; and WHEREAS, the Palm Beach County Literacy Coalition serves to promote the learning of basic reading, writing, English and mathematic sMlls and to engage in programs to further literacy within our county; and WHEREAS, elementary school children and staff all over Palm Beach County will be celebrating International Literacy Day on September 8, 1999, wearing READ VFITH ME stickers; and WHEREAS, many business will be competing in the Coalition's "Great Grown-Up Spelling Bee" on September 25, 1999, to raise awareness; and WHEREAS, the Literacy Coalition is asking each individual in Palm Beach County to initiate or renew the reading habit; and WHEREAS, as part of the America Reads Challenge, The Literacy Coalition is asking each parent in Palm Beach County to read with their child 30 minutes a day. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim September, 1999 as LITERACY AWARENESS MONTH in Delray Beach, Florida, and urge all citizens interested in acquiring services or information regarding literacy to contact the Palm Beach County Literacy Coalition. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th of August, 1999. Jay Alperin Mayor ;in!i AUG- 61999 August 2, 1999 iLi~ , AUG [CITY "'"" Lll'ER~t~C¥ Mayor Jay ~pehn COALITION Ci~ of De~y Beach 100 N.W. Fi~t Avenue ~*o~, Dekay Beach, ~ 33444 Mare j. c~ c,~v De~ Mayor r,.~u's'*~'~"~°~ ~a Twen~-~o pement of ~e adul~ ~ving in P~m Beth Coun~ ~ncfion at ~ ~re ~ r~a.~ ~e lower of literacy. ~is me~s ~ey c~not comple~ a job application r~,~ independently or find ~ ~te~ection on a map. It ~so me~s ~ey c~not ~ P~ & Ug~t help ~eir chil~en wi~ ~ek homeworg. ~e cycle continues ~ ~most ~=~ fo~ pement of our chil~en enter fou~ ~ade unable to mad on ~e ~ ~ & W~ker ~e G. ~ ~* Palm 8sac. ~ost ~e Pflm Beach Coun~ ~te~y Coflifion ~vites you to be a p~ of =aE~o~s literacy effom ~ough ~e pmclmation of Septem~r Umr~y Aw~eness ~ A~e ~'~" Mon~ in your municipal. Enclosed is a suggesmd p~l~afion, ff you ~ ~ ~ would like a ~temcy rep~senmfive to be present at ~e ci~ council a~'~v~ meeting when ~s is presented, plebe let us ~ow. U~a C~ ~r~ We would ~so l~e to invite you to a speci~ event ~ yo~ honor which ~c~,,~ o,~t,~ will be held at ~e Governor' Club on Wednes~y, September 8, from d~ Oe~t~s MB~ ~ca ~. 7:45-9:~ ~m. ~is bm~t is for polic~e~ ~d business le~ers ~d wffi focus on litemy issues ~d solutions. Yo~pmsence at ~s event ~*~"'~ is ve~ impo~t to us ~d to ~e cause of liter~y. To aRend, plc~e c~l c~o~ ~e Coflifion Office ~ 1-8~-273-1030. ~ ~ you for your personfl comment to liter~y effo~. ~ ~ Since~ly, w~ ~Channa 5 Oavld Cin~e ~mn ~e Palm 8eac~ Post K~ne[n Work/orce Oev~m~ ~rd Dr. Kds~ Mu~augn D~lene Kos~b ~o0~ J. Pa..~n Executive Director ~rst Un~ Bank Kal~l~ K. Pennoff Palm Bea~ C~nW ~braw Syst~ L~zette Palm ~e~n C~m~ College Lea Sloan KelN St~hng AT&T Wir~s Kathy Tr~fl ~EC~E mRE~R 0anene Kos~o 551 ~ 8~ ~eC · Su~ 101 · 0elmy Bea~, Ronda 3348~ 1 B3 Ummc~ Ho~ine 1-80~73-1030 - ~ce (561 ) 27~103 · F~ [561 ] h~://commun~.gopbi,com/limm~ CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - AUGUST 17, 1999 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE PROCLAMATION AGENDA IS AMENDED BY ADDING THE FOLLOWING: 6. Proclamations: D. Recognizing and commending Father Thomas E. Shepherd WHEREAS, Father Thomas E. Shepherd became the Rector of St. Matthew's Episcopal Church, Delray Beach, Florida, on September 14, 1990; and WHEREAS, Father Shepherd has been actively involved in his community serving as a Board Member of the Delray Beach Drug Abuse Foundation since August 10, 1993 and as President for 2 years starting on July 1, 1996; and WHEREAS, Father Shepherd has also served as a Chaplain for the Delray Beach Police and Fire Departments and he graduated from the Ist Police Academy Class in 1992; and WHEREAS, Father Shepherd was instrumental in the founding of MAD DADS, and has been a big supporter of the Delray Beach Police Department and the black community of Delray Beach; and WHEREAS, Father Shepherd currently serves as Vice Chairman for the West Atlantic Redevelopment Coalition; and WHEREAS, on September 5th, 1999, Father Shepherd and his wife Anna will be moving to Kansas City, Missouri where he will serve as Rector at the St. Augustine Episcopal Church. NOW, THEREFORE, L JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray Beach, hereby extend our heartfelt thanks and appreciation to FATHER THOMAS E. SHEPHERD for his exemplary service to the City of Delray Beach and acknowledge the contributions he has made to his community. We wish him and his family health and happiness as he moves forward in his ministry. 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 17th day of August, 1999. Jay ,4 lperin Mayor Thomas E. Shepherd (does not know about the proclamation) 496-2093 Home 272-4143 Church September 14, 1990 he came to St. Matthews Episcopal Church as the Rector's pastor. Board member of Delray Beach Drug Abuse Foundation from August 10, 1993 to present. President of Drug Abuse from July 1, 1996 to 1998 - 2 years. Still active to date. Per Alton Taylor's office - Father Shepherd is very caring and giving with his time and efforts. His ministry is truly from the heart. Moving to Kansas City Missouri on September 5th (St. Augustine Episcopal Church). He is one of the City's chaplains for the Police & Fire Departments. Attended the 1 st police academy class in 1992 and graduated. Married to Anna - 4 children Instrumental in the founding of Mad Dads. Meet with Chief Overman to discuss implementing same program that Ocala Florida had. Mad Dads' first meeting with held at the Full Service Center. Per Chief Overman - big supporter of the Police Department in the black community. Serves as Vice Chairman for the West Atlantic Redevelopment Coalition. AUGUST 17. 1999 FAX MEMO TO~ MAYOR JAY ALPERIN FROM: CHARLOTTE G. DURANTE, CHAIRPERSON OF ORGANIZATIONAL COMMITTEE TO ESTABLISH SISTER CITY IN TANZANIA, EAST AFRICA ATTACHED FOR YOU IS INFORMATION RELATED TO THE ITEM ON YOUR AGENDA FOR TONIGHT REGARDING THE EXPANSION OF OUR CURRENT SISTER CITIES PROGRAM BY ADDING AN INTERNATIONAL LINK WITH TANZANIA, EAST AFRICA. THE ORGANIZATIONAL COMMITTEE FOR THIS EXPANSION IS ONE OF THE MOST ENTHUSIASTIC THAT I HAVE WITNESSED. THIS INTEREST IN ESTABLISHING A SISTER CITY LINKAGE WITH A CITY IN TANZANIA STARTED DURING THE VISIT OF THE FIRST LADY OF TANZANIA TO DELRAY BEACH BACK IN FEBRUARY OF THIS YEAR. SINCE CHAIRED THAT HOST COMMITTEE FOR HER VISIT, I WAS ASKED TO PURSUE THE POSSIBILITY OF CREATING A SISTER CITY LINKAGE WITH A CITY IN TANZANIA. SO FAR, I ~AVE ASSEMBLED A VERY DIVERSE GROUP OF LOCAL CITIZENS AND BUSINESS OWNERS. MOST OF THEM ALREADY HAVE VERY SIGNIFICANT AND STRONG BUSINESS TIES TO AFRICA. ALTHOUGH, I AM THE CHAIRPERSON OF THE ORGANATIONAL COMMITTEE FOR THE TANZANIA LINKAGE, I HAVE CALLED UPON COMMITTEE MEMBERS WITH KEY CONTACTS IN TANZANIA TO INITIATE THE CORRESPONDENCES WITH THE CITY WHICH WE SELECTED AS OUR FIRST CHOICE FOR ESTABLISHING A SISTER CITY LINKAGE. THAT CITY IS MOSHI, TANZANIA. WHILE , WITH FEW EXCEPTIONS, MOST AMERICAN CITIES WHICH HAVE SISTER CITY PROGRAMS HAVE MORE THAN ONE SISTER CITY, DELRAY BEACH HAS HAD ONLY ONE SINCE THE BEGINNING OF ITS PROGRAM. I, ALONG WITH DR. CHARLES ESCHENBURG AND CHARLIE HARDIMAN, HAVE BEEN ACTIVE BOARD MEMBERS OF OUR SISTER CITIES COMMITTEE SINCE ITS INCEPTION 22 YEARS AGO. THE REQUIRED NECESSARY STEPS FOR AN AMERICAN CITY TO ESTABLISH A SANCTIONED AND OFFICIAL SISTER CITY LINKAGE ARE FIRST TO HAVE AN ORGINATIONAL EFFORT WHICH IS COMMUNITY BASED (NOT GOVERNMENT) FOR THE AMERICAN CITY AND FOR THAT COMMUNITY BASED GROUP TO SELECT A CITY OF ANOTHER COUNTRY WHICH HAS A LOGICAL COMPANIONSHIP MATCH WITH THEIR OWN AMERICAN CITY~ THEN INVITATION/CORRESPONCENCE TO THE AMERICAN COMMUNITY SELECTED CITY OF ANOTHER COUNTRY TO ASCERTAIN IF THERE IS AN INTEREST ON THE PART OF THAT CITY TO AFFLILIATE WITH THE LINKAGE. SOMETIMES INITIAL INVITATIONS ARE SENT FROM A FOREIGN COUNTRY CITY TO AN AMERICAN CITY BUT MOST OF THE TIMES THEY REGISTER THROUGH THE SISTER CITIES INTERNATIONAL ORGANIZATION THEIR INTEREST IN ESTABLISHING A LINKAGE WITH AN AMERICAN CITY. MOSHI, TANZANIA HAD REGISTERED WITH SISTER CITIES INTERNATIONAL. AFTER THE MATCH IS WELCOMED BY THE FOREIGN COUNTRY CITY, THEN THE NEXT STEP IS A FORMAL RESOLUTION OF SUPPORT FORM THE POLITICAL GOVERNMENT OF THE AMERICAN CITY. THIS IS THEN FOLLOWED BY A VISIT OF A DELEGATION FROM THE AMERICAN CITY TO THE FOREIGN COUNTRY CITY; THEN A RESOLUTION OF SUPPORT FROM FROM THEIR POLITICAL GOVERNMENT AND A DELEGATION VISIT FROM THEM TO THE AMERICAN CITY. IF BOTH SIDES ARE THEN SATISFIED THAT THE MATCH IS COMPATIBLE, THEN A FORMAL TREATY OF SISTER CITY LINKAGE IS ADOPTED. THE REPLIES AND RECEPTION FROM MOSHI, TANZANIA TO OUR INTEREST OF ESTABLISHING A SISTER CITY WITH THEM HAVE BEEN VERY EXCITING AND ENCOURAGING, ENCLOSED ARE COPIES OF TWO WRITTEN RESPONSES WHICH WE HAVE RECEIVED FROM MOSHI, TANZANIA. THERE HAVE BEEN SOME TELEPHONE CONVERSATIONS ALSO. HOPEFULLY, THIS INFORMATION IS HELPFUL TO YOU FOR TONIGHT'S MEETING. NOTE: Committee members for the Organizational Con~uittee for establishing the Tanzania Sister linkage are listed in the Sister Cities brochure (paRe 1, bottom section on axpanding Delray Beach Sister Cities horizon) which I sent to you yesterday. Several of them will be attending tile meetln9 tonight. KjelI Ber9h will be assistin~ me witl~ the presentation tonight. F'.04 ~LIL3--1.?--'~'3 TI_IE 12 mama clementina foundation moshi/tanzania p.o. box 1836 moslxi/ta~s~ia Date: 2316/99 fax: 055-50505 Ngozi Emeka Mcmsah 4448 Gleneagles Drive Ftoynton l:~ach, ~. 33436 UNITED STATE OF AMERICA Dear Ngozi Emcka Mcnsah, Very many thanks for you~ letter da~ed 1 g May, 1999. Indeed we remember )'our parents very well and we have also receiv~ a l~-tt~r from them. You~ idea of forming a Sister City is a~ cxccllcnt idea which we have to sec that it matcnali~cs. Prcsct~tl)' I am ia Dodoma for thc Parliament Budget ~ssion, it is ti~ longest session. A.~ soon as I get back to Moshi I will get busy with the Municipal Council on this issue. Coincidentally, ! hapl~n t~ be the Chair of thc Moshi Urba~ Water Authority and th~ Mayor i.s one of the Board Member - Together w~ will work. Plea~, accept out sincere greetiag~ and committmem and pass our b~st regard~ to youx paren~ who we rcsl~.ct and al:~l:~iate theix service in Tanzarfia at ~e Lutheran Church OftSce and YWCA. Best wishes. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER,S'1 SUBJECT: AGENDA ITEM # ~' - REGULAR MEETING OF AUGUST 17r 1999 FINAL PLAT APPROVAL/TRACT ~E" DELRAY PARK OF COMMERCE DATE: AUGUST 12, 1999 This is before the Commission to approve the final plat for Tract "E" Delray Park of Commerce, being a replat of Tract "E", Delray Park of Commerce as recorded in Plat Book 54 at Pages 188-190 of the Public Records of Palm Beach County. The subject property is located on the east side of N.W. 17th Avenue (Park of Commerce Boulevard), approximately 1,200 feet north of Lake Ida Road within the Delray Park of Commerce (northeast corner of Lake Ida Road and Congress Avenue). On April 11, 1990, the City Commission granted site plan approval for Tract "E", Delray Park of Commerce, to construct a two-phase development consisting of three buildings. Phase I included two buildings containing 9,000 sq.ft, and 12,000 sq.ft., respectively, each with associated parking, loading and landscape areas. Phase II included a 15,000 sq.ft, building with associated parking, loading and landscape areas. Phase I has been constructed on Lot 2. The development proposal for Lot 1 is to reconfigure the 15,000 sqoft, building and install a new driveway cut at the northwest corner of the site. Hence, a replat is required. Ail staff comments have been addressed and the plat has been recommended for approval by the City Engineer. Review by the Planning and Zoning Board is not required. Recommend approval of the final plat for Tract "E" Delray Park of Commerce. Ref:AGMEMO10.Tract"E" DelrayParkofCommerce. FinalPlat Agenda Item No. ~' AGENDA REQUEST Date: Aug. 6, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Aug. 17, 1999 Description of item (who, what, where, how much):Approval of the Plat for Delra¥ Park of Commerce Tract nE". Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of_the Plat for Delra¥ Park of Commer__ce Tr____~ac~"E"__. ~ ~~ r~/rr~ Department head signature: ~-~t ,~Q-~ ~--~.-9~ 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: ~E~ ~/ Approved for agenda: ~_~/ /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Delray Park of Commerce Tract "E" file:s/engadmin/tac/Delray POC Tract E/ag081799.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 Engineer ~~ DATE: August 6, 1999 SUBJECT: Delray Park of Commerce Tract"E" Please find the a agenda request for Commission approval of the plat for Delray Park of Commerce Tract "E" attached. I have also enclosed a location map, and a reduced copy of the plat. The site is located on the East side of NVV 17th Avenue in the Delray Park of Commerce. Site plan approval was granted on November 22, 1996 by the Site Plan Review and Appearance Board. The improvements have been constructed on Lot 2. Lot 1 is currently vacant. If this meets with your approval, please place it on the August 17, 1999 Commission meeting for Commission approval. File: S:/engadmin/tac/DelrayPOC Tract E/agmemo.doc cc: Randall Krejcarek, P.E., City Engineer Paul Dorling, Planning/Zoning TAC: Delray Park of Commerce Tract "E" co ~ LAKE ,--- ' ~ / A ~' ~ TRACT 0 F ' D CO -' TRACT /'-,L../ ._. L A K E IDA R O A D DELRAY PARK OF COMMERCE DATE:7/21/99 ENVIRONMENTAL 8ERVlCE8 DEPARTMENT 4~4 ~OUIH ~ A~IiJ~ 13~J~AY BE~ ~ ~444 LOCATI ON M AP 99-200 J ;~o=~ ~ ~. '~,~;~:~.-, ~ (; / '. =~ !; I > t.. ~ . : ~. ~.x ~ ,.,- , , ;~ Alii. I_ I ~j~i1, , ~J ti I I t I I i~1i~!, I ijlg!, I ,. ;, .l ,. ~ . ,.~ I. ~ 4,,., ], ¢ ¢ ,. :. d,,- - ,,..,, . ~..,,,,,.,..,,~.,, I. ,..,, ,~..,.,,,,,~,1,~..,,,1,,,~,1, ~,,. Agent: Jerry Lehman · Project Name: Tract E, Delray Park of Commerce Project Location: The subject property is located on the east side of N.W. 17th Avenue (Park of Commerce Boulevard), approximately 1,200 feet north of Lake Ida Road, within the Delray Park of Commerce (N.E. comer Lake Ida Rd. and Congress Ave.). :::::::::~:::::~::~j~:~:~::::::::::::::.~:~:~:::::$:::::::::::~<:::::::::~::::::~:::::::~:::~:~:::i~::~:;~<~:::::~:::~:::::::::~::~:~:~:~:~:~:~:~:~:::~:::~:+:<~.:~:~:~:~:::~:~<~:~>>.?~:~:~:~:~::::~:~:~::.:~.~i:~;~:~::~:~:~:~:~:~::::~::i:~::i:~`~::i:~:i:i~.~i:~:~:~:~:~:~:~:~::~:~:~:~:::~::~:~:i~i:i:i:i:i:~:~:.:~%~!~:~::~:~:~:::~::~::~::i$~::~:~:~::i~:i:~ The item before the Board is approval of the architectural elevations and color change for Phase II of Tract E, Delray Park of Commerce, pursuant to LDR Section 4.6.18. The application is associated with a non-impacting site plan modification request which will be approved administratively. On April 11; 1990, the City Commission granted site plan approval for Tract E, Delray Park of Commerce to construct a two-phase development consisting of three buildings. Phase I included two buildings containing 9,000 sq.ff. (Building A) and 12,000 sq.ff. (Building B) each with associated parking, loading and landscape areas. Phase '11 included a 15,000 sq.ff. (Building C) building with associated parking, loading and landscape areas. Phase I has been constructed. The development proposal is to reconfigure the 15,000 sq.ff. · building and install a new driveway- cut at the northwest corner of the site. The proposed building elevations are now before the Board for action. I The proposed elevations are typical of industrial buildings. The proposed c.b.s. building will be architecturatly consistent with the existing structures, however the building color will be changed from gray to beige. The existing structures are painted light gray with alternating darker gray provided at the top of the building, between the recessed bands. The store fronts and recessed bands are painted blue, and the overhead and metal doors are painted gray. The proposed building will be painted light beige with aRemating darker beige provided at the AGENDA ITEM: III.E. MEETING DATE: OCTOBER 9, 1996 MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH DELRAY BEACH. FLORIDA REGULAR MEETING MEETING DATE: October 9, 1996 LOCATION: CITY COMMISSION CHAMBERS I. CALL TO ORDER: The meeting was called to order by the Chairman at 6:30 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairman Sheremeta, Mark Little, Daniel Carter, Patty Andrews, Conrad Sittler, Thuy Shutt MEMBERS ABSENT: Michael Pakradooni STAFF PRESENT: Janet Meeks, George Diaz, Loretta Heussi Ms. Meeks stated that there was one change to the Agenda. Under III. E., Miscellaneous, Delray Park of Commerce - Tract E has been removed because it was approved administratively. I1. SIGNS: A. NTW (National Tire Warehouse); 1801 Atlantic Avenue West; One Flat Wall Sign and a Tenant Panel Sign; Don Howell. Authorized Agent. The item before the Board is approval of one flat wall sign and a tenant panel sign for NTW (National Tire Warehouse). Mr. Diaz presented the item to the Board through a review of the staff report. NTW occupies a stand-alone building within the Eastern Auto Care Center. The fiat wall sign is 147 sq. ft. (32' X 4.6') with yellow copy on a black background which will face Atlantic Avenue. The two top panels of an existing SPRAB Staff Report Tract E, Delray Park of Commerce - Architectural Elevations Page 2 top of the building, between the recessed bands. The a/c units will be roof mounted and screened by a light beige metal enclosure as the units extend above the parapet. The other elements of the structure i.e. storefronts, recessed bands, doom will be consistent in color with the existing structures (blue and gray). It seems appropriate that the building be consist.ent with the existing structures on this site, however, the proposed color change is requested to provide business identification. The color change will result in a subtle difference in the building color between Phase I and Phase I1. I:?~:~',~'J':;.'o".-';.'"~';:~..,.'$.;'::: ...... · ......... ~.' ....... x.'~'.~'"-':.~.,~-;:.-~:"~::-:-'-:::,:.,~:,'-,;-,:-.'-,- ...... --:.~.,- '.. ~:~,¥--~--.¥,...'.~.~;.¥.;:¥..~-~-::,--::~3~;:>.~.¥<:.~ ......... .~.~.'.::~:~.::,~..::?.--:~; ..,%:::-:::- ,.::¥.~:.~-:.;--~:..::?::.~:: Approve the architectural elevations and color change for Phase II of Tract E, Delray Park of Commerce based Upon positive findings with respect to LDR Section 4.6.18. Attachments: · Proposed-Site Plan · Architectural Elevations MEMORANDUM TO: David T. Harden, City Manager FROM: Edward J. Gusty, Human Resources Director~ DATE: August 11, 1999 SUBJECT: PROPOSED LABOR AGREEMENT CITY OF DELRAY BEACH AND NATIONAL CONFERENCE OF FIREMEN AND OILERS, SEIU, AFL-CIO, LOCAL 1227 The attached documents represent a collective bargaining agreement and Memorandum of Understanding between the City of Delray Beach and Local 1227 for a three (3) year period 10/1/98 - 9/30/01. High points of the agreement include revisions in the Pension Plan, and the establishment of a new salary schedule effective as of June 4, 1999. An adjustment providing a maximum three percent (3%) bonus for certain employees who have not received salary adjustments for the past two years is also included. Additionally, the new salary schedule provides adjustments for employees to the base rate of the new pay grade or three percent (3%) whichever is greater, and pay range increases for fiscal years 1999/2000 and 2000/2001. A comprehensive article for Drug and Alcohol Policy and Procedures is also included. We recommend the approval of this agreement, which has been ratified by Local 1227, as it provides for comparable salary level comparisons in our labor market area, as well as, assists in the budget process over the three-year period. Locat 1227 ~ (561) 366-9513 937 Belvedere Road ~ Fax (561) 366-9554 West Palm Beacl~, FL 33405 1-888-702-0810 NATIONAL CONFERENCE OF FIREMEN & OILERS SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, CLC ~'~,/~,O August 13, 1999 By Facsimile 561-243-7082 Ned Gusty~ Human Resources Director City, of Delray Beach 100 N,W. I st Ave. Delray Beach, FL 33444 Re: Ratification of NCF&O Blue Collar Contract Dear Mr. Gusty: Please be advised that on August 12, 1999, the NCF&O Bargaining Unit ratified the Tentative Agreement reached between the City of Delray Beach and the Union. The votes are 79 yes, and 7 no. C2 '.25 ,:... If you should have any questions, please call my office. Sincerely, ," / / / k'' '" y' I't ....... · . ~,~. ~..~.~,._~ . - ~ . F~., .LO ..... Deputy Irust~e Afftlialed with AF~-CIO · .,~.~r~..~,~.- · COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND NATIONAL CONFERENCE OF FIREMEN & OILERS, AFL-CIO, SEIU, LOCAL 1227 October 1, 1998 - September 30, 2001 1998 DELR. AY BEACH/NCF&O APPENDIX A CITY OF DELRAY BEACH NCF&O JOB TITLES JOB BASE GRADE TITLE NUMBER HOURS LEVEL Animal Control Officer 296 80 B09 Apprentice Electrician 374 80 B04 Apparatus Shop Assistant 326 80 B03 Building Maintenance Worker 344 80 B03 Carpent er 322 80 B 09 Crew Leader I 291 80 B04 Crew Leader II 293 80 B08 Equipment Operator I 306 80 B02 Equipment Operator II 307 80 B04 Equipment Technician I 537 80 B03 Equipment Technician/Lawn 628 80 B05 Fleet Mechanic 611 80 B08 General Maintenance Worker 601 80 B01 Irrigation Maintenance Worker 603 80 B01 Irrigation Maintenance Supervisor 584 80 B09 Journeyman Electrician 340 80 B09 1998 DELRAY BEACH/NCF&O JOB BASE GRADE TITLE NUMBER EOURS LEVEL Master Electrician 373 80 Bll Master Electrician Sr. 554 80 B12 Master Fleet Technician 675 80 B12 Meter Reader Maint. Supervisor 607 80 B08 Park Ranger 323 80 B01 Parking Meter Technician 192 80 B04 Senior Fleet Technician 674 80 Bll Storekeeper I 605 80 B04 Storekeeper II 609 80 B06 Street Maintenance Worker I 361 80 B02 Street Maintenance Worker II 362 80 B03 Street Maintenance Worker III 363 80 B05 Traffic Maintenance Worker 604 80 B03 Traffic Maintenance Worker Sr. 608 80 B05 Treatment Plant Operator "A" 618 80 Bll Treatment Plant Operator "A"-Trainer 630 80 B12 Treatment Plant Operator "B" 617 80 B09 Treatment Plant Operator "C" 616 80 B08 Treatment Plant Operator Trainee 546 80 B04 Tree Trimmer 318 80 B04 Utilities Mechanic 612 80 B08 Utility Mechanic Sr. 613 80 Bll Utility Service Worker A 492 80 B04 1998 DELR3%Y BEACH/NCF&O ~06 JOB BASE GRADE TITLE NUMBER ~OURS LEVEL Utility Service Worker "B" 319 80 B03 Utility Service Worker "C" 493 80 B02 Vacuum Filter Operator 574 80 B03 Water Meter Reader 348 80 B03 1998 DELRAY BEACH/NCF&O ]07 City of Delray Beach and the National Conference of Firemen and Oilers, Local 1227. SEIU MEMORANDUM OF UNDERSTANDING The City of Delray Beach, Florida and the National Conference of Firemen & Oilers Local 1227 agree as follows: 1. Effective with the payroll period following ratification of this agreement by the City Commission, all employees covered by this agreement shall receive a salary plan implementation adjustment of 3% of base rate of pay or the base rate of the pay grade the employee's position is allocated to, whichever is greater. 2. Such adjustment shall be awarded on the employee's individual base salary rate with the payroll period following ratification of this agreement by the City Commission, and all other compensation shall be as set forth in this agreement. 3. The attached list of employees establishes a list of employees who have not received at least 3% of their performance evaluation during the 1997-1998 fiscal year. 4. All employees on the attached group referenced above shall be eligible for a special merit bonus not to exceed 3%. In order for an employee to be considered for this bonus, an employee must have received an average or above average performance evaluation during 1997-1998 fiscal year; shall not have had any sustained discipline imposed upon them during fiscal year 1997- 1998; and shall not have had any at fault accidents. This bonus shall be paid solely for fiscal year 1997-1998 and only to employees currently on the payroll as of the date of ratification of this agreement by the City Commission. 5. The parties agree to establish a committee for reviewing the procedures currently used in Article 9, Section 7, Stand-by Duty for the departments covered by this agreement. Such committee shall consist of six (6) members, three appointed by the union and three appointed by the City Manager who shall upon consensus of the Committee, recommend any necessary change in the current procedures. Such Committee report shall be due not later than thirty days from the onset of the initial Committee meeting as scheduled by the Human Resources Director. The initial meeting shall take place within thirty (30) days of ratification of the agreement by the City Commission. 6. The parties agree to establish a Committee for reviewing the current performance evaluation instrument and procedure for completing the annual performance evaluation. Such committee shall consist of six (6) members, three appointed by the union and three appointed by the City Manager who shall, upon consensus of the Committee, recommend any necessary changes in the procedures and the instrument used for the annual performance evaluation system. Such Committee report shall be due not later than one hundred twenty days from the initial Committee meeting as scheduled by the Human Resources Director. The initial committee meeting shall take place within forty five (45) days of ratification of the agreement by the City Commission. The parties understand and agree that there is no intent to replace an annual performance evaluation system as it relates to annual compensation adjustments identified in the labor agreement. City of Delray Beach and the National Conference of Firemen & Oilers, Local 1227, SEIU MEMORANDUM OF UNDERSTANDING Page 2 7. This Memorandum of Understanding shall be effective for the term of the Collective Bargaining agreement for this period 10/01/98 through 09/30/01 when this Memorandum and the collective bargaining agreement are approved by both parties. 8. Increase in life insurance coverage as underwritten by Met Life shall be increase effective 10/1/99 to the following schedule: Employee with a salary of $25,000 or more - $40,000 coverage - Employee with a salary less than $25,000 - $25,000 coverage 9. The parties represent that they have full legal authority to enter into this agreement. 10. All other terms of the Collective Bargaining agreement for the period 10/01/98 through 09/30/01 are binding except where expressly modifyed herein or hereinafter modified by the parties. Dated this day of ,1999. ATTEST: City of Delray Beach, FL. By:. City Clerk City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney ATTEST: NCF & O REPRESENTATIVE NCF&O LOCAL PRESIDENT N(;;-O (bJlue TOPPED OUT EMPLOYEES 1997/98 j I PERCENTAGE I NAME I DEPARTMENT iRECOMMENDEDI RECEIVED Anderson, Jessie t Environmental Services 2.90 0 Baptise, Alfred I Parks & Rec./Parks 3.20 0 Bronson, Fiel I Finance/UTB 4.20 0 Brown, Lonnie I Finance/UTB 4.30 0.25 Bullard, John I Environmental Services 4.80 0 Ceasar, Jack Parks & Rec./Parks 4.90 0 Solgin, Ray Environmental Services 4.70 0 ~esisto, Robert IEnvironmental Services 3.40 0 :ashaw, Bertram IParks & Rec. 2.60 0 Gerald, Willie IParks & Rec./Parks 3.70 0 Gonz'ales, R.ene IEnvironmental Services 4.00 0 Grant, Jessie tEnvironmental Sen,ices 3.70 0 Herding, Willie JParks & Rec./Parks 4.00 0 Hess, Merle J Finance/Purchasing 3.90 0 Jackson, Wiley J Environmental Services 4.00 0 Johnson, Margaret jParks & Rec./Parks 3.80 0 Johnson, Robert JParks & Rec./Parks 4.50 0 .luveras, Luis jEnvironmental Services 4.70 0 V~aldonado, Gerardo IAdm. Serv./PW 4.40 0 :Parker, Bernard JParks & Rec./Parks 3.40 0 Rodriguez, William IParks & Rec./Parks 4.70 1.30 Slydetl? Leon I Finance/Purchasing 4.60 0 Stryiek, Douglas IEnvironmental Services 3.80 0 White, Donald tAdm. Serv./PW ' 3.90 0 IWilson, Roosevelt IEnvironmental Services 4.60 0 -' 25 Employees Completed 6/28/99 HR/nj MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITF/~ # ~' - REGULAR MEETING OF AUGUST 17~ 1999 AMENDMENT #1 TO CONSOLIDATED ACTION PLAN FOR FY 1999 DATE: AUGUST 12, 1999 This item is before the City Commission to approve Amendment %1 to the previously approved Consolidated Action Plan for FY 1999 and the approved use of funds under the Community Development Block Grant (CDBG) program. When approved by Commission on August 4, 1998, $50,000 in CDBG funding was included to assist with the planned renovation of the 403 unit Lake Delray Apartments (Elderly - Section 8 Mod./Rehab. Project). As explained in the attached memorandum from Mr. Bender, this project was subsequently denied funding under the County's CDBG competitive process and the development company repealed its funding request with the City. The proposed amendment to the current year Consolidated Action Plan will formally delete the Lake Delray Apartments project in the amount of $50,000 and add the use of these CDBG funds for site improvements and landscaping/irrigation installation for one group of multi-family structures at Carver Estates. This activity has been determined to be eligible in accordance with federal regulations governing the use of CDBG dollars. Staff recommends approval of Amendment %1 to the Consolidated Action Plan for FY 1999 and authorization to submit to the U.S. Department of Housing and Urban Development (HUD) for that agency's approval. Ref:Agmemoll.Amendment to FY1999 Consolidated Action Plan AGENDA REQUEST g & Request to be placed on: Date: August 9, 1999 ~ Regular Agenda __ Special Agenda __ Workshop Agenda XXX Consent Agenda When: August 17, 1999 Description of item: Approval of formal amendment #1 to the previously approved Annual Consolidated (Action) Plan for Fiscal Year 1998-99 (current CDBG Program Year). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of amendment #1 to the previously approved Annual Consolidated (Action) Plan for Fiscal Year 1998-99 (current CDBG Program Year). Public comments and input were solicited (as required) regarding the amendment and proposed use of federal CDBG funds. Department Head Signature: City Attomey Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES~O o~ ~ o~ i~$W ~ F~ding Alternatives: ~~~ ,(if applicable) Acco~tAcc°~t NO.Bal~ce: & Description: ~~ ~] I°[ ~ O City Manager Review: Approved for Agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved u:\cdbg98\CP AmendmentsLa, ugust 17 Commission Agenda Request City of Delray Beach Community Development Division MEMORANDUM TO: David T. Harden, City Manager THRU: Lula Butler, CI Department Director I/~ FROM: Charles L. Bender III, CD Division Coordinator ~). DATE: August 9, 1999 SUBJECT: Amendment to Consolidated (Action) Plan for FY 1998-99 (Current CDBG Program Year) ITEM BEFORE THE COMMISSION This is to formally amend the previously approved Consolidated (Action) Plan for Fiscal Year 1998-99 and the approved use of funds under the Community Development Block Grant (CDBG) Program for that year. On August 4, 1998, the City Commission approved the Consolidated Action Plan and proposed use of CDBG funds for FY 1998-99. Included in this document (later approved by US HUD) was the provision of $50,000 in CDBG funding to assist with the planned renovation of the 403 unit Lake Delray Apartments (Elderly - Section 8 Mod./Rehab. Project). The funds were "conditionally" awarded to an out-of-state development company contingent upon the successful award of matching dollars from Palm Beach County's Department of Housing and Community Development under a competitive RFP (as well as compliance with other regulatory requirements). The development company was not awarded funding under the County's competitive RFP and was subsequently denied funding under the County's CDBG competitive process at a later date. The development company later repealed their funding request with the City following receipt of our income/eligibility and Davis-Bacon Act restrictions to be imposed in relation to the use of local CDBG dollars. This amendment process will serve to formally delete the above-described activity and add a new activity in the amount of $50,000. The amendment proposes to add the use of CDBG funds for site improvements and landscaping/irrigation installation for one group of multi-family structures on-site at the Carver Estates Public Housing Authority Complex. The Authority proposes to undertake a master improvement plan during the upcoming program year utilizing several funding sources including this award. This process was undertaken in accordance with federal regulations governing the Consolidated Planning process. The proposed activity has been determined eligible in accordance with federal regulations governing the eligible use of CDBG funds. The following provides a summary of the proposed amendment as planned and presented to the citizens of the City of Delray Beach (newspaper advertisement): Activity to be deleted/and/or decreased in amount Amount Funding in support of the comprehensive rehabilitation of Lake Delray Apartments -- $50,000.00 a 403 unit subsidized multi-family residential elderly complex located at 700 Lindell Boulevard, Delray Beach. Activity to be added Amount Funding in support of planned site improvements and landscaping/irrigation installation -- $50,000.00 consistent with a master site improvement plan at the Carver Estates Public Housing Authority Complex (200 units). The CDBG funded site improvement plan will be designed by City staff; the improvement project will be managed by CD Division personnel. BACKGROUND The Consolidated Plan is an annual requirement directly related to the Five-Year Consolidated Plan delineating the City's plan to utilize federal CDBG funds on a year by year basis. In Fiscal Year 1998-99 the City Commission and U.S. HUD approved the distribution of funds to specific activities and projects. In such instances wherein it is necessary to add activities and projects not previously included in the Action Plan(s), federal regulations require a formal amendment process accompanied by a thirty-day (advertised) public comment period. The City Commission and U.S. Department of HUD must formally approve this amendment. Based on needs identified through field visits conducted, staff recommends approval of the proposed "added" activity in an effort to address impending community development needs in the Target Area. An advertisement providing notice to the community of the City's intent to amend the Plan and a thirty-day public comment period requesting comments and input was published in the Delray Times on July 8, 1999. A detailed summary of the amendment transaction was included in the advertisement. No written or verbal comments were received. RECOMMENDATION Staff recommends approval of the amendment and authorization for submission to the U.S. Department of Housing and Urban Development (HUD). Notice of Intent to Amend Annual Consolidated Plan Fiscal Year 1998-99 The City of De[ray Beach Community Development Division is proposing to amend its FY 1998-99 Consolidated Action Plan as follows: The annual action plan for FY 1998-99 (approved by the City Commission and U.S. HUD) provided (among other things) a description of the City of Delray Beach's intended use of Community Development Block Grant (CDBG) Program funds in the total amount of $619,000 for Fiscal Year 1998-99. Among the funded activities and programs, the City proposed to utilize $50,000 toward the rehabilitation of a multi-unit affordable housing apartment complex for elderly residents (known as the Lake De[ray Apartments). Various requirements and funding award contingencies were not accomplished and the contingent award of funds to the project/activity is therefore being repealed. Since this activity (included in original Action Plan) is being proposed for deletion and the City is proposing to utilize the funds for a "new" activity, the amount ($50,000) is subject to a formal amendment in accordance with federal regulations governing the Consolidated Planning process. Activities to be deleted Amount Under the first amendment to the consolidated action plan for 1998-99 the City of Delray Beach proposes to delete the following activity and redistribute the allocated funds: Lake Delray Apartments ($50,000) in support of the rehabilitation of the Lake Delray Apartments affordable rental complex for the elderly (403 units). The complex is located at 700 Lindell Blvd., Delray Beach, Florida 33444. $50,000 (Delete) Activities to be Added Amount The City of Delray Beach further proposes to utilize the recaptured/redistributed funds from FY 1998-99 in the total amount of $50,000 in support of the following eligible community development activity/project: Public Facilities and Improvements - in support of various site improvements including Amenities and landscaping at the Carver Estates public housing complex (200 units). This Initiative is being accomplished in partnership with the Delray Beach Housing Authority. $50,000 (Add) Total Amount of Proposed Amendment: $50,000 This amendment will become final at the expiration of the mandatory thirty (30) day public comment period (and following City Commission approval) and will be on file for public inspection at the City of De[ray Beach's Community Development Division (City Hall), located at 100 NW 1St. Avenue, Delray Beach, Florida 33444. The document can be inspected Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m. during this comment period. All interested citizens, agencies, organizations and homeowner's associations are encouraged to review the documents and submit written comments regarding the proposed amendment to the Community Development Division Coordinator on or before Friday, August 6, 1999. The City of De[ray Beach does not anticipate any displacement to occur as a result of the proposed activity. However, the City will comply with the provisions of the Uniform Relocation and Real Properties Acquisition Act of 1970 (Uniform Act), as amended. Publish: July 8, 1999 Memorandum TO: David Harden, City Manager THRU: Lula Butler, Director, Community Improvement Departmen FROM: Charles Bender, Coordinator, Community Development Division DATE: August 11, 1999 SUBJECT: Delray Beach Renaissance Program Subsidy Requests ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidies to three (3) eligible applicants under the Delray Beach Renaissance Program. The subsidies represent the 90th., 91st. and 92nd. homeownership assistance grants 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 the three (3) eligible applicants associated with the following properties: · (New Construction) XXX SW 6th. Avenue (Lot 13, Block 3, Rosemont Gardens / $16,750) - (PCN: 12-43-46-20-31-003-0130) · (New Construction) XXX SW 6th. Avenue (Lot 16, Block 5, Rosemont Park, Delray / $15,000) - (PCN: 12-43-46-20-14-005-0160) · (New Construction) XXX Zeder Avenue (Lot 2, Block 13, Southridge / $15,700) - (PCN: 12-43-46-20-13-013-0020) s:\commun\renprg\comagend.doc AGENDA REQUEST ~' p Request to be placed on: Date: August 11, 1999 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: August 17,1999 Description of item: Authorization and approval to issue subsidies to three eligible applicants under the Delray Beach Renaissance Program totaling $47,450.00 Note: Vicki Spells ($16,750 SHIP) represents the 90t~. homeownership assistance grant provided under the Renaissance Program to date. Note: Ronald and Tina Rolle ($15,000 SHIP) represent the 91st. homeownership assistance grant provided under the Renaissance Program to date. Note: W. & S. Desine ($15,700 SHIP) represent the 92nd. 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 awards. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total $47,450.00 Account # 118-1924-554-83.01 Department Head Signature: ~.~--~/--"~'~C-~'~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of~funds): Funding Available: ~O ~ }L~'i? '°c~ °<~2~~11'5 l~j~ Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda'~/~/NOHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun-I \cd\rcnprgm\agenrequ.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Vicki Spells PROPERTY ADDRESS xxx SW 6th. Avenue (vacant lot) LEGAL DESCRIPTION Lot 13, Block 3, Rosemont Gardens % OF AREA MEDIAN HOUSEHOLD INCOME 44% # IN HOUSEHOLD 5 COST OF CONSTRUCTION $ 75,510 COST OF LOT $ 9,500 COST OF EXISTING UNIT: N/A NON-PROFIT DEVELOPER'S FEE $ 2,500 *(to be distributed separately by CD Division) TO TAL CONSTRUCTION COST: $8 7, 510 PROJECT/SUBSIDY BREAKDOWN' FIRST MORTGAGE $ 67,500.00 Republic Security Bank RATE 7.75% LTV 80% SECOND MORTGAGE $ City of Delra¥, HOME $ 14,250.00 City of Delra¥, SHIP *(CDC FEE) $ 2,500.00 City of Delta¥, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ 6,000.00 Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Estimated Pre-paids (lender 1003) $ 720.00 Estimated closing costs (lender 1003) $ 4,442.00 ESTIMATED TOTAL TRANSACTION AMOUNT $ 95,412.00 Estimated cash from/to borrower $2,422.00 (2.9% of deal) s:\commun~renprgm\99-2000 subsidy breakdowns\vicki spells - "~" '~ ................. - IIIIIIII II II II I II I I I I DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Ronald and Tina Rolle PROPERTY ADDRESS xxx SW 6th. Avenue (vacant lot) LEGAL DESCRIPTION Lot 16, Block 5, Rosemont Park, Delray, PB 13, Page 60. % OF AREA MEDIAN HOUSEHOLD INCOME 67% # IN HOUSEHOLD 5 COST OF CONSTRUCTION $ 81,610 COST OF LOT $ 9,000 COST OF EXISTING UNIT: N/A NON-PROFIT DEVELOPER'S FEE $ 2,500 (to be distributed separately by CD Division) TOTAL CONSTRUCTION COST: $93,110 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 81,000.00 Republic Security Bank RATE 7.75% LTV 90% SECOND MORTGAGE $ City of Delray, HOME $ 12,500.00 City of Delray, SHIP (CDC FEE) $ 2,500.00 City of Delray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Estimated Pre-paids (lender 1003) $ 840.00 Estimated closing costs (lender 1003) $ 4,601.98 ESTIMATED TOTAL TRANSACTION AMOUNT $101,441.98 Estimated cash from/to borrower $2,551.98 (% of deal) s:\commun\renprgm\99-2000 subsidy breakdowns\R & T Rolle DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.01 NAME Wilfrid and Sovaine Desine PROPERTY ADDRESS xxx Zeder Avenue LEGAL DESCRIPTION Lot 2, Block 13, Southridge, Delray % OF AREA MEDIAN HOUSEHOLD INCOME 64% # IN HOUSEHOLD 3 COST OF CONSTRUCTION $ 83,900 COST OF LOT $12,500 COST OF EXISTING UNIT: N/A NON-PROFIT DEVELOPER'S FEE $1,500 (*Included in unit cost, to be distributed by the Construction Company) $1,500 (*To be distributed separately by the CD Division) TOTAL CONSTRUCTION COST: $97,900 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 85,900.00 Republic Security Bank RATE 7.75% LTV 80% SECOND MORTGAGE $ City of Delray, HOME $ 14,200.00 City of Delray, SHIP (*TED CenterFee) $ 1,500.00 City of Delray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Estimated Pre-paids (lender 1003) $ 900.00 Estimated closing costs (lender 1003) $ 5,248.58 Minus client deposit or earnest money $ - 1,850.00 ESTIMATED TOTAL TRANSACTION AMOUNT $105,898.58 Estimated cash from/to borrower $598.58 (+1,850 down) $2,448.58 (2.5%) s:\commun~renprgm\99-2000 subsidy breakdowns\vicki spells MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'.~ SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF AUGUST 17, 1999 SUBORDINATION OF UTILITY INTERESTS AGREEMENT WITH PALM BEACH COUNTY DATE: AUGUST 13, 1999 This is before the City Commission to approve a Subordination of Utility Interests agreement with Palm Beach County for subordination of encumbrance of a City easement over a portion of Tract Z of the Plat of Linton Lake II. The 1,275 square foot parcel abuts Linton Boulevard along the south right-of-way and is needed by the County for additional right-of-way to accommodate the planned widening of Linton Boulevard. As noted in the attached memorandum from Mr. Hasko, there is no negative impact on the City as a result of the subordination agreement. It has been reviewed and approved as to form and legal sufficiency by the City Attorney. Recommend approval of the subordination agreement and authorize its execution by the Mayor. Ref:Agmemol6.Subordination Agreement w/PBC.Linton Blvd. Agenda Item No. AGENDA REQUEST Date: July 27, 1999 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: August 3, 1999 Description of item (who, what, where, how much): Staff recommends approval by Commission of a Palm Beach County request for subordination of encumbrance of a city easement over a portion of Tract Z ~f the plat of Linton Lake II. The 1275 square feet parcel abuts Linton Blvd. along the South right-of-way and is needed by the County for additional right- of-way to accommodate planned wideninq of the thoroughfare. Staff also recommends authorization of the Mayor to execute the subordination agreement. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of agreement and authorization of the Mayor to e~u~cute it. 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: /~. ' 6'~ ~ . r ~ Approved for agenda: /~/NO~ - .. ~ ~ ~ Hold Until: ~/ ~ / //~ . [.~~~. , / Agenda Coordinator Review: ,/ ~ Received: Placed on Agenda: Action: Approved/Disapproved cc: Ag520. doc MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Director of ESD SUBJECT: SUBORDINATION REQUEST FROM PALM BEACH COUNTY DATE: July 27, 1999 In conjunction with their project to widen Linton Blvd. between Congress Ave. and Military Trail, Palm Beach County is completing right-of-way acquisition activities along that corridor to accommodate the proposed roadway improvements. A parcel of land at the Linton Blvd. entrance to Linton Lake II just east of the E-4 canal has been identified as required right-of-way for the widening project. Insofar as the City holds an easement over the tract in which this parcel is located (Tract Z on the record plat) the county is requesting that the city subordinate the easement encumbrance to Palm Beach County. This is a routine request by the County when acquiring right-of-way. Review of the record plat reveals an easement dedication to the City over tract Z for installation of utilities. Inspection of our system atlases indicates that there are no physical utilities within the boundaries of the subject parcel. The City will still retain legal access to maintain onsite utilities from this access point. On the forgoing basis, there is no negative impact on the City created by execution of the attached subordination agreement. Staff recommends approval of the agreement by City Commission and authorization for its execution by the Mayor. Please place this on the August 3, 1999, agenda for consideration by Commission. RCH/rab cc Randal Krejcarek, P.E., City Engineer Dan Beatty, Deputy Director of Public Utilties U:\adminXhasko~nemos~subordination request from phc.doc [IT¥ DF DELRI:I¥ BEI:I£H CITY ATTORNEY'S OFFICE ~oo ~w ~, ^¥~,~. ~.^¥ .~^~., ~o.~^.~.~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: (561) 243-7091 Ali.America City. 1993 DATE: August 2, 1999 TO: Barbara Garito, Deputy City Clerk FROM: R. Brian Shutt, Assistant City Attorney SUBJECT: Hold Harmless Agreement for Structures Within An Easemem I have reviewed the subordination documem and approved it, per your 7/28/99 note. RBS:ci Attachment Eetu~ to: Right-or-#ay Ac~isition Section Name: Palm Beach County ~gineering Post Office Box 21229 Address: West Palm Beach, Florida 33416 Attn= V. ~i Acct. No.: 001-360-4240 This Inst~nt Prepared by: Na~: Paul F. King, Assistant County Attorney Palm Beach County AddreBs: Post Office BOX 21229 West Palm Beach, Florida 33416 SPA~ ABOVE HIS LIN~ FOR PROCESSING DATA SPAC~ A~OVE HIS LINS FOR PRO~SSINg OATA broject No.: 95506 Project Name: Linton Boulevard Parcel No.: 7 DE SUBORDINATION OF UTILITY INTERESTS TO COUNTY OF PALM BEACH, FLORIDA THIS AGREEMENT, entered into this day of .... 19__, by and between PALM BEACH COUNTY, (hereinafter the "County"), and the City of Delra¥ Beach whose mailing address is ~ity Hall: 100 N.W. First Ave.~ Delray Beach, Fl. 33444 , (hereinafter the "Utility"). WITNESSETH: WHEREAS, the Utility presently has an easement in certain property that has been determined necessary for public purposes; and, WHEREAS, the proposed use of this property will require subordination to the County of the interest claimed in said property by the Utility and at the request of the County, the Utility has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement onto public right-of-way, or has agreed to leave its facilities on the subordinated property{hereinafter the "Property"), described in Exhibit "A" attached hereto and made a part hereof; and, WHEREAS, the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the Utility and the County agree as follows: 1. The Utility hereby subordinates any and all of its interests in that portion of the following easement(s) lying within the Property, to the interest of the County, its successors or assigns, through, under, upon, or across the Property: DATE FROM OR AGAINST IN FAVOR OF RECORDED BOOK o PAGE 9/4/90 Minto Builders City of Delray Beach PB 67 Pg. 23 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove and relocate facilities on, within, and upon all the Property in accordance with the County's current minimum standards for such facilities as of the date of such construction. Any new construction or relocation of facilities within the Property will be subject to prior approval by the County. Should the County fail to approve any new construction or relocation of facilities by the Utility or hereafter require the Utility to alter, adjust or relocate its facilities from within the Property, the County hereby agrees to pay the Utility's reasonable cost of any required alteration, adjustment, or relocation, caused by the County's actions, including the cost of acquiring necessary easements. 3. The Utility shall have the reasonable right to enter upon the Property for the purposes outlined in paragraDh 2 above, including the right to trim such trees, bushes and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility agrees to repair any damage to the County's facilities and to indemnify and hold harmless the County against any loss or damage resulting from the Utility exercising its rights outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to the permit, if any, required by the County for location of facilities on the Property. Page 2 Utility Subordination 6. This agreement is not assignable except to The County's successors and assigns or to the State of Florida for the purposes described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST: PALM BEACH COUNTY, FLORIDA , BY DOROTHY H. WILKEN, Clerk ITS BOARD OF COUNTY COMMISSIONERS BY: BY: Clerk (or Deputy Clerk) Its Chairman (or Vice-Chair) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: County Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 19 by Chair, Board of County Commissioners, who is personally known to me or who has produced as identification and who did not take an oath. Typed name of Acknowledger Deputy Clerk Signed, sealed and delivered in the presence of: (2 witnesses required by Florida Law) City of Delray Beach Typed or printed name of Utility Typed or printed name of witness BY: Its Typed or printed name of witness Typed or printed name of Approved astoform and legalsufficiency: ~r%__/-kJ'3-- Mailing address By: ~,.~ City AttOrney ATTEST: Its STATE OF Typed or printed name of COUNTY OF Before me, the undersigned authority, this day personally appeared and who have executed this document as and of the above named Utility, and who are personally known to me or who have produced as identification and who did/did not take an oath. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal this __ day of , A.D., 19 Notary Public in and for the County and State aforesaid. NOTARIAL SEAL 266-LGL Rev. 03/99 July 8, 1999 Department of Engineering and Public Works The City of Delray Beach PO. Box 21229 City Hall West Palm Beach, FL 33416-1229 100 N.W. First Ave. (561) 684-4000 Delray Beach, Fl. 33444 www~co.palm-beach.fl.us Att'n: Mr. David Harden, City Manager · Re: Project No.: 95506 Project Name: Linton Boulevard Job Limits: Military Trail to Congress Avenue Palm Beach County Parcel No.: 7 DE Board of County Subordination of Encumbrance to Property Rights Commissioners Maude Ford Lee, Chair Dear Mr. Harden: Warren H Newell, Vice Chairman Palm Beach County is in the process of acquiring right-of-way for the Karen T Marcus construction of the above referenced project. Carol A. Roberts Public Records reflect that there is an encumbrance against the property, said Mary McCarty encumbrance being in your favor. Burt Aaronson Tony Masilotti Enclosed is a Subordination of Encumbrance. Please have this document executed and return to this office as soon as possible in order to expedite this project. County Administrator If yOU have any questions, please contact, Virginia Ugi,Right-of-Way Specialist, at (561) 684-4195. Thank you for your cooperation. Robert Weisman Sincerely, Ed Handy, Supervisor Right-of-Way Acquisition Section Enclosure: Subordination c: Minto Builders Inc. 611-AGR Rev. 03/99 "An Equal Opportunity Affirmative Action Employer" ~ printed on recycled paper Gr[ DR. I HOMEWOOD / ~~~ i ~ OF OELRA~ ~)EA~H.-P~LM I~E~,(~'cbuNTy.--FL~R~O~'' CONSENT AND JOINDER: LEGAL DESCRIPTION: z. Lint~n Lake Condc~ainiu~ Assoctat dedication of the lands ~ri~ he Trots ~ B, ~ O, E. F.G.X,Y ~ Z, Lt~t~ L~e, ~c~tng to t~ to be sign~ by ils Vice Prtsiden' Dias t~f ~ rec~d tn Pla~ ~ok 58 ~t ~s ~. 4t ~d 4~ corporate seal to be offix,d her ~l~C ~s. Palm ~Kh ~ty. Fl~td~ ~t~ a ~t[on of t~ ils Board of Directors this . .~.J ~th ~]f Of hCtl~ ~. To,ship ~ ~th. ~e 43 East. ~Kh ~ty. By; DEDICATION: State of Florida 1 K~w all men by these I)re;ents that Miqto CmJnt¥ of ~o-~ ss ~ll~rs (F~i~). I~., o ~rido Corporation, ACKN0 LEDGEHENT: o~er of t~ 1~ ~sc~i~d he~e~ has C~S~ said ]~ to ~ ~veyed. g~tvtded ~ ~latted as s~ hePe~ ~ [o be k~ es Ltnton Lake-[[. a State of F[o~t~ ~ [ hereby ce realeS. ~ty of ~ow~d~ss apoeaned b~ to TrOtS k B. C. O. E. F. X, Y. A-&B-B.C-C.D-D.E-E.F-F,G-G,P-P ~V Ciemnt. Vice ~e)tdent ~ R-R ~ ~ho~ herein ~e ~eby ras~ved by ~ ~all be the l~.. and Vice ~esiOent of Lint ~e~pet~l ~tnt~e obli~tt~ of MicrO ~ll~s FI~iOa). Inc.. l~.. to ~ ~ll kno~ to be th~ a rl~[~ ~att~. tis s~cess~s ~ ~ ~st~ fop ~PopeP execu[ed the face, lng instruct ~Doses In ~c~e ~ith t~ site ~]~s ~ file w)th the City of thereof to be his fPee act eno ~lraV ~h. Fl~i~. therein described. Witness day of ~ .......... tg~o , ) ~ easels ri~t over Tr~c Z a, sho~ ~re~ is hereby e~ess, p~k~ all utilities, c~le telev~s~. ~ama~ ~0 other ~oses ~ ts t~ O~t~l ~nten~e ~li~tl~ of as~atl~ ~lt~t ~y rec~se to t~e C~ty of ~tray ~ech. Fl~t~ ~ ) An ~em~t ~ T~e~tS Z e~ P-P is he~eb) ~r~nted to the Cit) of I OelraT B~h for the i~tollation one ~intenance of all utilities. _ I ~l~I ~.l~e ~t~ ~ t~ Lint~ Lake ~inlum A~mt~ , ~, i~s ~c~s ~/~ ~s~. ~i~~ ~ ~.ithin Tr~l P-P ~11 ~t~~l ~t~e ~t~of ~i~ He~ ~inium In witness ~ereof sa)a H)nto B As~t~n, !~., i~ ~~ ~/~ ~sI9n$. COrDOratton. has Caused these p' 3.) ~ eas~t rj~t ~ TP~t X-~at~ ~nt TrKt-as sho~ ~esiaent. attestea by hereon t~ ~e~ ~s~v~ to ~ ~all ~ t~ ~r~t~] ~tnten~e be affixed h~eto by and with t~ ~It~att~ o~ Ltnt~ L~t ~tnt~ Ass~tatt~. [~.. Its this ~. . day of ~.~.. ~tt~t ~ec~se to t~ City o~ ~l~ay ~. nere~ tS ~y Mdkcet~ to ~ ~all ~ t~ ~r~t~t ~tnten~e ~~ '~--' By: ~ilgdtt~ of ~t~ ~r ~tnlm ~s~tatI~. Inc.. Its Nickel ~een s~ceg~a ~/~ ~st~ f~ ~t~ ~t ~ nt~r ~ses ~i~ t~e reserv~ tO ~ ~11 ~ t~ ~t~ml Mtntl~l ~lt~tt~ Of VICe Ltnt~ LMe ~IM M~tatt~ i~. f~ r~eatt~ ~ Ot~ ~e~ vtt~ r~N to t~ City of Mlr~ MKh. Florida. 6 ) ~ e~M~t rt~t O~ IrKS R-R ~ ~ here~ ts hereby ~t~ ~ ~tnl~ AS~lltt~. [nc f~ recreation and .._....______~.._.._Stete of Fl~tda ot~ ~p~ visit rec--ff to t~ City of ~lrey ~Kh. ~ty of ~ov~dJSs aPPe~ed b, Fl~t~ to Niche! ~ee~rg ~d ~titppe 7 I f~ City of ~lray ~Kh t~ ~reby 7~ted the ~t~t of KCI~S ~llt~nt re~Kttvely. Ninto ~ executed the foregoing Jn~t iJecut t~ th~eof to the ~es t~retn ~esc~tbed thtl ..~I... day of .~ ... SKETCH OF D£SCRIP T/ON : ,,DRAINAGE EASEMENT Parcel 7 DE LEGAL DESCRIPTION: s v. r i of 2 A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST ONE-QUARTER (N.E. I/4) OF SECTION 50~ TOMflSHIP 46 SOUTH, RANGE 45 EAST, PALId BEACH COUNTY, FLORIDA, ALSO BEING A PORTION OF TRACT Z, LINTON LAKE II, ACCORDING TO THE PLAT THEREOF AS RECORDED 'IN PLAT BOOK 67, PAGES 23-25 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING &tORE PARTICULARLY DESCRIBED AS FOLLOWS: CO~,IIdEflCE AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE S.89°19'19'W. ALONG THE NORTH LINE OF SAID SECTION 30, A DISTANCE OF 2,354.02 FEET; THENCE S.00"40'4t"E., A DISTANCE OF 14.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LINTON BOULEVARD. SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE S.00'40'41"E., A D/STANCE OF 15.00 FEET TO A POINT ON A LINE 15.00 FEET SOUTH AND PARALLEL WITH SAID SOUTH RIGHT-OF-WAY LINE; THENCE S.89°19'19'YI., ALONG SAID PARALLEL LINE A D/STANCE OF 85.00 FEET; THENCE N.OO°40'41'W., A DISTANCE OF 15.00 FEET TO A POINT ON SMD SOUTH RIGHT-OF-WAY LINE; THENCE N.89'Ig'Ig'E., ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 1,275 SQUARE FEET, MORE OR LESS. CER T/FICA TE : THIS IS TO CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION SHOWN HEREON IZEETS THE IdlNIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G[7-6, F_JffRIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA/:JTt/ATUTES. I FURTHER CERTIFY THAT THIS SKETCH IS NOT A S,JRVEY,J../..~ .... RI~FORD JR. I IVO?' VALID UNLESS I SEAL£D HERE WITH PROFESSIONAL SURVEYOR AND MAPPER NO. 5,,~71 I Ai,! EZIBOSSED STATE OF FLORIDA ;.: ..' ';',.'~, ~-' SURVEYOR'S SEAL FROM MILITARY TRAIL RO.~,J)~;r.&~' PRO])UCI~ON TO CONCR[S5 AVENUE p MEMORANDUM TO: David T. Harden City Manager FROM: Joseph M~~ Director of Finan~~'' SUBJECT: Purchase of Microsoft Client Licenses for New and Existing Network Software DATE: August 13, 1999 The City of Delray Beach Management Information Systems division has been very busy installing and upgrading 269 client workstations on the cities network to prepare for the year 2000 and bring our current customer base to the latest release level of production software. In order to maintain our current software environment it is necessary to update our current Microsoft license agreements. The attached proposals represent the agreements that need to be maintained in order to provide the most up to date software services available for the next two years. It is cost effective to maintain these volume licenses agreements with maintenance because they usually include two major software releases, all service packs, and the pdce of future licenses purchases are governed by the terms of the agreement. The following list is a bdef description of the client software we are currently using and wish to maintain. · Microsoft Windows NT Server Client Licenses: This software provides each of our network workstations the legal ability to access all of our network server services on a per seat basis. These licenses must be maintained in order to provide our customers with the many applications, storage services, and backup and recovery services provided by our cities servers. · Microsoft System Management Server: This software allows us to provide our customers with state of the art support services. With this software, we are able to provide help desk services such as remote control, hardware diagnostics, file transfer, and remote boot services from a central location. We can also distribute and monitor new software and updates to current software without having to send a staff member to the workstation. Microsoft System Management Server also provides management with hardware and software inventory reports. This software is critical to maintaining our current level of support and the future growth of our network. · Microsoft Office Professional: This is the core of our departmental office environment and includes word processing, spreadsheet, presentation, data base capabilities, calendar functions, and email. We must keep this software up to date in order to maintain and promote growth of our current office environment. This software is no longer included on State Contract pricing. Therefore, we obtained four written quotations for this software. All vendors who are distributors of Microsoft products are subject to the same costs as they are all buying from Microsoft, therefore, their pricing will be very similar. Quotations are as follows: ,, ,, , Vend°r ,,, , ,QUOtati°n , , PC Mall (or Electric) $76,321.00 PC Connection, Inc. $77,874.00 Corporate Software Technology $78,185.00 Softmart $78,877.25 We would recommend the City Commission approve the purchase of these renewal licenses from PC Mall at a cost of $76,321.00. Funding is available in the Renewal and Replacement Fund account code 334-6112-519-66.10. A budget transfer is attached providing the additional funding required to this line item. gw/sam Attachments Agenda Item No.: AGENDA REQUEST Date: 08-13-99 Request to be placed on: Consent XX ~[~Agenda Special Agenda Workshop Agenda When: 08-17-99 Description of agenda item (who, what, where, how much): Approve purchase of Microsoft Software License Up~rades for the City's microcomputers. Purchase will provide us with up-to-date releases of the MS Office currently u~ed ~n the City's microco~uter environment. Licenses are for two-years. PC Mall offered the lowest price of four quotes obtained with $76.321.00. ORDINANCE/ RESOLUTION REQUIRED: yES/NO Draft Attached: YES/NO Recommendation: MIS Manager and Finance Director recommend approval of .purchase from PC Mall at a cost of $76,321.00. Department Head Signature: ~~ h 1\ Determination of Consistency with~re ensive P an: City Attorney Review/ Recommendation (if applicable): n/a Budget Director Review (require~ ob all items involving expenditure ~~ %~g~%~$~ ~ ~udget Transfer attached · _ ° : (if applicable) Account No. & Description: 334-6112-519-66.10 Account Balance: . $70~956.00 + $5,365 budget transfer = $76,321.00 City Manager Review: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER'~ SUBJECT: AGENDA ITEM # ~.~'- REGULAR MEETING OF AUGUST 17, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: AUGUST 12, 1999 Attached is the Report of Appealable Land Use Items for the period August 2nd through August 13, 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/8.17.99 FROM: /JASMIN AELEN, PLANNER SUBJECT: MEETING OF AUGUST 17, 1999 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS AUGUST 2, 1999 THRU AUGUST 13, 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 2, 1999 through August 13, 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 with conditions (3 to 1, Sittler, Smith and Perez-Azua absent), a request to allow the addition of two flat wall signs forPrecision Tune Auto Care, located at the northwest corner of Linton Boulevard and the FEC Railroad. B. Approved with conditions (4 to 0), a Class III site plan modification associated with the construction of a 173-space parking lot for Levenger, located on the west side of Congress Avenue, approximately 2,200 feet south of West Atlantic Avenue. City Commission Documentation Appealable Items Meeting of August 17, 1999 Page 2 1. Approved with conditions (6 to 0, Hulburt absent), a Certificate of Appropriateness and a Class III site plan modification for the Music Box (which is an expansion of the 32 East Restaurant and will be operated as a nightclub with live music). The modification involves the renovation of the building fa(;ade and expansion of the floor area previously occupied by the Backroom Lounge. The architectural elevation plan was approved on a 5 to I vote with Johnson dissenting. 2. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the addition of a registration desk adjacent to the entrance gazebo on the south fa(;ade of the Sundy House, located at the southwest corner of South Swinton Avenue and SW 1st Street. 3. Approved (6 to 0), a request for a color change for the awnings over the storefronts at the Colony Hotel, located on the north side of East Atlantic Avenue, between NE 5th Avenue and NE 6th Avenue. 4. Approved (6 to 0) a request to modify the approved awning locations for 4 new windows on the west fa(;ade (facing Swinton Avenue) of the Rhoden Building, located at the southeast corner of South Swinton Avenue and East Atlantic Avenue. 5. Approved with conditions (5 to 0, Turner abstained), a request for a Certificate of Appropriateness associated with the installation of a gazebo at 10 SE 1st Street (southeast corner of South Swinton Avenue and SE 1st Street) 6. Tabled on a 6 to 0 vote, a request to allow the installation of vinyl fencing at 209 North Swinton Avenue. The Board requested that the applicant provide a sample of the proposed fencing material and recommended that the use of vinyl fencing in the historic districts be evaluated on a case by case basis. No Regular Meeting of the Planing and Zoning Board was held during this period. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - AUGUST 17, 1999 L-30 CANAL I E: ''~ LAKE IDA ROAJ lAKE i i N.W. 2ND ST. S.W. 2ND ST. r'~ , ~-I I ..... j $.W. lO~ Sr. t. OW~ON I , i I ' i , i L ..... _i S.P.R.A.B.: H.P.B.: ......... CIIY[.IM~q B. LEVENGER PARKING LOT 2. SUNDY HOUSE 3. COLONY HOTEL ONE 4. RHODEN BUILDING GRAPHIC SCALE 5. 10 S.E. ~IST STREET 6. 209 N. SWINTON A VENUE c,w OF DECRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 - - DIGITAL BASE MAP SYSTEM - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CiTY AWARD OF BIDS AND CONTRACTS DATE: AUGUST 12, 1999 This is before the City Commission to approve the award of the following bids and contracts: 1. Purchase award in the amount of $20,400.00 to FireCo, Inc. for the purchase of a thermal imaging camera to be used by the Fire Department, with funding from 001-2315-526-64.90 (Fire Operations - Other Machinery & Equipment). 2. Contract award in the amount of $205,865.00 to Chaz Equipment Company, Inc. for the S.E. 4th Avenue Water Main Improvements project, with funding from 442-5178-536-61.78 (Water Main Distribution) in the amount of $121,530.00 from current FY 1999 budget and $84,435.00 from FY 2000 budget. Recommend approval of the purchase and contract awards listed above. Ref: Bid.Agmemo. 8.17.99 AGENDA ITEM NUMBER: °~'S' f' AGENDA REQUEST Request to be placed on: Date: July 28, 1999 XX Consent Agenda Special Agenda ~ Workshop Agenda :"'7 When: August~, 1999 Description of agenda item: Purchase Award - Purchase of a thermal imaging camera from FireCo, Inc. for a total purchase $20,400. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Purchase Award - Purchase of a thermal imaging camera from FireCo, Inc. for a total purchase $20,400. Pricing per quote dated July 12, 1999. Funding will be taken from account number 001-2315-526-6490. Department Head Signature."~f~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 t// No Funding alternatives: (if applicable) (~ Account Number: -~/~ - 7- <~1,-'~ ~ ~2..~. (o~ - ~ ~) Account Description: ~ Account Balance: ~ ,~1] "~'05 dj, D ' City Manager Review: Approved for agenda~ ~/' :~//L No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O.# PURCHASING DIVISION MEMORANDUM TO: David T. Harden, City Manager FROM: Jennifer Schillace, Buyer'¥ THROUGH: Milena Walinski, Assistant Finance Director DATE: July 29, 1999 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING AUGUST 3, 1999 PURCHASE OF THERMAL IMAGING CAMERA FOR THE DELRAY BEACH FIRE DEPARTMENT ITEM BEFORE COMMISSION: The City Commission is requested to approve award to FireCo, Inc. for the purchase of a thermal imaging camera for the City of Delray Beach Fire Department. BACKGROUND: The Delray Beach Fire Department obtained three quotes for a thermal imaging camera and FireCo, Inc. was the Iow bidder at $20,400. The thermal imaging camera will be used in the following types of situations: 1. Allow firefighters to identify victims/downed firefighters in any type of structure. 2. Assist firefighters in locating seat of fire inside building. 3. Particularly useful in hazardous material incidents by helping to determine the level of fuel left in a container that may be leaking. Fire Chief Rehr recommends the purchase of the thermal imaging camera from FireCo, Inc. for a total cost of $20,400. Fire Chief Rehr requests that funding be taken from account number 001-2315-526-6490. RECOMMENDATIONS: Purchasing staff recommends awarding to FireCo, Inc. at a total cost of $20,400.00. Funding will be taken from account number 001-2315-526-6490. Attachments: Memorandum, Fire Chief Rehr Quotes Requisition 72763 cc: Fire Chief Rehr / [ITY OF [IELR;I¥ BErI[H FIRE DEPARTI~,IENTSERV, NG DE,RAY BEACH · GULFSTREAM · H,~H~AND BEACH DELRAY BEACH Ali.America City 1993 MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: JULY 27, 1999 SUBJECT: PURCHASE OF A THERMAL IMAGING CAMERA I am requesting approval for the purchase of a thermal imaging camera in the amount of $20,400 as low bid from Fireco. This item is budgeted in category #001-2315-526-64-90. Thank you for your consideration in this matter. RBR/tw FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper ,-,~UL. 16. 1999~ B: 24PM'~=A~,~=~ ISG THERMAL SYS USA MO. 089 P. ]~E ~2 ......................... · .' .--~ ..... ~'21:IEII~ NO. ~ P. Z/Z g~ FireCo, Inc. . .......... I III _ _ I Dehy Beods. 1,.. ~J444 · Ii'~TUL. 16.1999]C 3:ZSPM TEL:Z~lO-856-8679 Jul 16,99 H0.089~ N~P.401 P,Oi IVOODWARD ASSOCIATES, INC. i II I I III _ I[I ...... 9 Iinwot~ eour (4tO) 16, ~999 ~.tm: Russ Ac~di Delr~ B~ N~e & I)elray ~ FL ~ ~: elow is our quo~ on an lSG K-~ Talism~ ~rm~ i~in~ ~era ~ ~tions. K-90 Tslism~ ~e~ ~g ~cra, incl~es (2) NiC~ V~dco O~lay $ XL Di~ T~~ .............................................. $ 4,000,00 ~ ~~ ~1y, ~r year .......................................... $ 400,00 ~c ~l ~ m ~ive ~ a ~1 ffyou ~ve ~y quo~ons. ~ quo~ ~ fl~ ~ 30 ~ys m~d our ~s ~ Not d~ys. ~ks f~ ~ls oppo~ ~o ~st you In your ~utpmem [lTV OF OELRFIV BEI:I[H FIRE DEPARTMENT SERWNG DE,R^¥ BEACH · GULFSTREAM · H mAND BEACH DELRAY BEACH Ali.America City 1993 MEMORANDUM TO: ROBERT REHR, FIRE CHIEF FROM: RUSSELL ACCARDI, DIVISION CHIEF DATE: JULY 6, 1999 SUBJECT: THERMAL IMAGE CAMERA The purpose of this memo is to describe the uses and to justify the purchase of Thermal Imaging Equipment (TIE) for our department. Through a lengthy research and evaluation process of thermal imaging technology for the fire service, we have concluded that this equipment could be the greatest technological advancement since the portable radio. Our first hand use and experience with these cameras, while operating in smoke filled structures, as well as structures with significant fire involvement, has surpassed our greatest expectations. The potential for saving lives using these cameras can only be realized by witnessing how fast a search of a smoke filled structure can be completed as compared to the traditional search team of firefighters. We know most fire fatality victims do not die of bums, but rather by toxic smoke exposure. This fact makes it vitally important that we conduct rapid primary searches locating any victims and removing them from this toxic environment as quickly as possible. The other significant safety enhancement of this equipment is the ability for the fire officer of crews operating in the interior to monitor any rapid-fire progression overhead, which leads to flashover. Flashover or rapid-fire progression is one of the leading causes of firefighter fatalities in structural fire fighting. When dealing with heavy smoke conditions firefighters often are not able to see the fire development overhead due to thickness of the smoke. These cameras have allowed us to quickly scan FIRE DEPARTMENT HEADQUARTERS ° 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper the conditions of the interior, while our personnel are performing search and rescue as well as fire attack. Many firefighters also get dis0ffented in the fire building and run out of air trying to find an exit. Many times they are found dead only feet from a door or window. The TIE will aid firefighters in locating exits more rapidly. An incident occurred this past June where a firefighter was killed in a building because he could not find the exit. This equipment also assists personnel on the outside to locate firefighters in trouble on the inside. Another feature of this equipment is a transmitter that sends the image being viewed by the firefighter on the inside, out to a TV monitor allowing the Incident Commander to see the images at the command post. I believe our mission is to ensure the safety and welfare of our citizens, as well as our personnel. I believe our long-term plan should include purchasing enough cameras to supply each of our suppression units. This will allow our first arriving stations to initiate a rapid primary search using the camera without delay. Many municipalities are recognizing the importance of equipping their personnel with this technology, therefore I feel we should embrace this opportunity. I feel it is very important that the city staff and elected officials are aware of this breakthrough in technology. As citizens in other communities have become aware of these cameras they have supported the addition of this equipment to fire-rescue departments. I would be glad to demonstrate the cameras for city staff as well as our elected officials in real life conditions, to give them an up close understanding of how important they are to the mission of the Delray Beach Fire Rescue Department. Agenda Item No.:$'-z'-''~- AGENDA REQUEST DATE: August 10, 1999 Request to be placed on: x Regular Agenda ~. Special Agenda ~ Workshop Agenda VVhen: August 17, 1999 Description of item (who, what, where, how much) Award of the contract to Chaz Equipment Company, Inc. in the amount of $205,965.00 for the SE 4th Avenue Water Main Improvements, Project #99-049. The funding for this project will be provided from the following account: Funding Source Account Number Amount Water Main Distribution 442-5178-536-61.78 $121,530.00 Remainder budgeted in 1999-2000 $84,435.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 99-049 SE 4"' Avenue Water Main Improvements to Chaz Equipment Company, Inc. v~th a bid in the amount of $205,965.00. Department Head ~-~ "' F'-~ 2(/ 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 442-5178-536-61.78 Water Distribution Account Balance $121,530.00 (Attached Budget Transfer)plus account balance $40,541 Adjusted account Balance -$162,071 City Manager Review: Approved for agenda~/~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 99-049(A) projects/99-049/contract/agenda.doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden, City Manager /,.~ ~//~ THRU: Randal Krejcarek, P.E, City Engineer FROM: William A Grieve, Civil Engineer DATE: August '10, 1999 SUBJECT: SE 4th Avenue Water Main Improvements Project No. 99-049 Attached is the agenda request for Commission to award the SE 4~ Avenue Water Main Improvements contract. The work generally consists of the following: Construction of approximately 2082 linear feet of 8 inch water main, 46 water services, and two fire hydrants. Construction of approximately 4300 square yards of roadside swale grading and sodding, reconstruction of approximately 4760 square feet of concrete driveway aprons, removal of approximately 1860 linear feet of existing water main and 290 linear feet of sidewalk construction. This project also includes clearing and grubbing, maintenance of traffic, and pavement marking and signage. Attached is the bid tabulation and Location Map for the referenced project. The lowest responsible, responsive bidder for this project was Chaz Equipment Company, Inc. with a bid of $205,965.00. Funding Source Account Number Amount Water Main Distribution 442-5178-536-61.78 $121,530.00 Remainder budgeted in 1999-2000 $84,435.00 If acceptable, please place this item on the August 17, 1999 Commission meeting for Commission approval. Attachment cc: Richard Hasko, P.E., Director of Env. Svcs. Dan Beatty, P.E., Deputy Dir. of Public Utilities Joseph Safford, Finance Director file: 99-049 (A) file : slengad min199199-0491contractlagmemo.doc ATLANTIC AVENUE , ' ,, '"¢'__---- S.E. 1ST ST. ' z , . I'1 , ,,., ,,, I >----, ~11 '--------, ' '~ , ~< ,, I I --,-- --,'," ',' ,,',' ,,,,, ~/"1 ~,..:11111111 I.__J..LU,'.,-- -- ~_.L. ~L .. ' B*Nli~tCZ!NTAL 8ERVK::E8 DEPARTMENT LOCATION MAP 4thavenue City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date s/~ ~/q9 9m (3) Interfund/Interdepartmental Transfer~30.6t n~~ (4) Batch Number (5) Requested By: ,Wtl.1ia. m Grteve~ C~,v~l En~neer/R P.E.~ Ctey Engineer PROJECT 0 (6) A~CgUNT ~UMBER (~ DESC~ION (S) T~NS~,ER OUT ?) T~NSFER I~ q~2-5178-536-99.01 Projec~ Reserve $ 66s990,00 qa2-5178-536-62.10 Bui 1 df rigs 20~ 000, O0 q~2-5178-536-61.76 Equt pmen[ Rep 1 acemen: 3~ ~ 5qO. O0 qq2-5178-536-61.78 Wa~er Hai n Di s~ri bu~i on $ 121 ~530. O0 (10)TOTAL S ~2~.s]o.oo S ~21.530.00 JUSTIFICATION: For funding of water~a~n construction ......... Department Head, ~ :~. ~~ ~-,g-~ Asst C,~ Manager Finance Director Ci~ Manage~ (I 1) Budget Revision Date (12) Control Number (13) Period (14} Count ORIGINA~BUDGET CANARY-FILE PINK-DEPARTMENT TO: DAVID T. HARDEN, CITY MANAGER ['"~ .~ ~,, THRU: DIANE DOMINGUEZ, DIRECTOR OF PLAN~ZONING /~[~ FROM: MICHELLE E. HOYLAND, PLANNER SUBJECT: MEETING OF AUGUST 17, 1999 LAKEVIEW BAPTIST CHURCH - TEMPORARY CERTIFICATE OF OCCUPANCY The action requested of the City Commission is that ofapproval of a request to allow issuance of a temporary certificate of occupancy for Lakeview Baptist Church, in order to allow use of the newly constructed fellowship hall and classroom addition prior to construction of a required stabilized sod parking lot and associated improvements. The subject property is located on the East Side of North Swinton Avenue just south of the city limit and north of NW 2L~u Street. The property is zoned CF (Community Facilities) and contains 4.02 acres. A minor site plan modification to allow a 10,050 square foot fellowship hall and classroom addition to the church was approved at the September 16, 1992 Site Plan Review and Appearance Board meeting. The approval also included on-site parking improvements, including installation of a stabilized sod parking area on the south side of the property and landscaping improvements. In 1993 a modification was made to the previously approved 1992 site plan to incorporate changes to the parking areas to improve the on-site circulation and stacking between the paved parking area and the stabilized sod parking area. Landscaping improvements were also included in the site plan to incorporate the addition of landscape islands within the parking areas. Permits for these improvements were issued in 1992. The fellowship hall and classroom addition have been completed as well as the parking and landscaping improvements north of the fellowship hall. However, the stabilized sod parking area and associated improvements to the south paved parking area have not been constructed. The church is requesting 18 months to complete the parking improvements on the south side of the property. While the church's seating capacity is 375, the congregation has decreased in the past seven years and additional funding is needed to construct the improvements. In the meantime the paved 93 parking spaces appear to be adequate to handle the current needs of the congregation. In addition, the church has requested to use the previously approved (1992) site plan to construct the south paved parking area. The Planning and Zoning Department will handle this request administratively through the site plan modification process. City Commission Documentation Meeting of August 17, 1999 Lakeview Baptist Church Page 2 · By motion, approve the request for a temporary certificate of occupancy for 18 months (until February 17, 2001) for Lakeview Baptist Church to allow the use of the fellowship hall and classroom, prior to construction of the stabilized sod parking area and improvements to the south parking area. Attachments: Location Map Site Plan S.W. .36T~ AVE. ~ ~ SEA CREST BL VD. PRESB YTERIA N CHURCH & __ CHRISTIAN ~. h ~ ~ N.W. 25TH CT. SCHOOL BOr~N,E~Ew ~D. N.W. 25TH ST. COCONUT ROAD N.W. 24TH CT. POOL N.W. 18TH ST. <J Jl(~J{J ' ~ PLUM OSA ~~N.E. 18TH ~T. ~ ELEMENTARY ~ N.W. 17TH ST. N,[.~ tTTH S . LAKEVIEW BAPTIST CHURCH CiTY OF OELRAY BEACH, FL PLANNING ~ ZONING DEPAR~ENT --- DIGITAL ~SE ~AP S~TE~ -- ~ REF: LM220 CITY JIF DELRrI¥ BERTH DELRAY BEACH ~l.~licaCit~ 100 N.W. 1st AVENUE - DELRAY BEACH. FLORIDA 33444 - 561/243-7)00 1993 TO: David T. Harden City Manager FROM: ~°~)Robert A. Barcinski "~ Assistant City Manager DATE: August 11, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 17, 1999 SPECIAL EVENT APPROVAL - 3~u' ANNUAL GODZILLA, SUSHI, AND HOT BIKES FESTIVAL '4 CTION City Commission is requested to endorse the 3rd Annual Godzilla, Sushi, and Hot Bikes Festival to be held on October 3, 1999 from 10:00 a.m. - 6:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of Railroad Avenue from Atlantic Avenue to N.E. 1 st Street, to allow street pole banners to be placed on Atlantic Avenue more than one week before the event per LDR's Section 4.6.7(D)(3)(j)(ii), to permit the use and set up &the large City stage at $0% of the rental cost, and authorize staff assistance for street barricading and police security. BA CKGR 0 UND Attached is a request from Michael Weiner for this event. I have also spoken by telephone with Michael to clarify details. The event sponsor will provide site clean up, will provide port-a-lets, and will set up and take down barricades on Railroad Avenue based on City staff drawings. No overtime will be needed for barricading. Police security (8 hours) will be provided at the detail rate. The event sponsor has agreed to pay $0% of the large stage rental costs of $1,$90 plus tax this year. The stage can be set up with regular hours on Friday and taken down on Monday. Last year there were no charges for the stage use. Per Mr. Weiner, if the sponsor realizes a profit, it will be split 50/50 between Old School Square and the Morikami Museum. ,4 CTION Staff recommends endorsement of the event, the temporary use permit, authority to hang banners no earlier than September 24~, approval of stage use at 50% of the rental fee, and authorization for police security assistance at the detail rate. Staff recommends that the approvals be contingent upon the receipt of a certificate of liability insurance and a hold harmless agreement. RAB/tas File: u : sweeney/agenda Doc: godzilla '99 THE EFFORT ALWAYS MATTERS WEINER & ARONSON, P.A. RECEIVED ATI'ORNEYS AT LAW The Clark House I~A¥ ! I !999 102 North Swinton Avenue Delray Beach, Florida 33,!,d,!, A S $ I S TAN T CITY MANAGER Telephone: (501) 205-2666 Telecopier: (561) 272-6831 MICHAEL S. WEINER OF COUNSEL: CAROLE J. ARONSON ROBERT MARC SCHWARTZ, P.A. Flodda B~r Boerd Certified Real Estate Lawyer May 7, 1999 Mr. Robert Barcinski Asst. City Manager, City of Delray Beach 200 NW 1 st Avenue Delray Beach, FL 33444 Re: 3rd Annual Godzilla Festival - October 3, 1999 Our File No,: WSPO32 Dear Bob: This will confirm my telephone conversation with you concerning the above- captioned festival. It will held at Ocean City Lumber Company, interior to the center itself. At the option of the City, we would be happy to work with the police department to him additional security. As you know, this is the 3rd Annual Godzilla Festival. As before, we will have the proper insurance, we will make the appropriate arrangements for the trains to be slowed and we will work with Mrs. Marjorie Ferrer. We would also ask to rent one of the City's mobile stages. If them is any costs, we would be happy to pay it. If you should need additional information from me, please do not hesitate to contact me. If .~!~y additional formal action is necessary, I am sure you will be in touch. V y MSW:vf cc: Mr. Roy Fraker Mrs. Nancy Stewart Mrs. Marjorie Ferret Mr. Manny Ordenez Mr. Joe Gillie MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ~ ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER SUBJECT: AGENDA ITF~M #~'- REGULAR MEETING OF AUGUST 17, 1999 SPECIAL EVENT REQUEST/AVDA 5K WALK DATE: AUGUST 13, 1999 ACTION: City Commission is requested to endorse the 1st Annual Aid to Victims of Domestic Abuse, Inc. 5K Walk to be held on Saturday, October 30, 1999, from 7:30 a.m. until completed, to grant a temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park and City right-of-way along A1A, and to authorize staff assistance for barricading streets and providing traffic control. BACKGROUND: Attached is a request we received from J.C. Stern, representing AVDA, to hold their first annual 5K Walk. In our discussions, Ms. Stern has indicated that they want to begin registration at 7: 30 a.m. with the event to start at 9:00 a.m. The route selected is our standard 5K route along A1A with staging to occur at Anchor Park. City Public Works staff will need to barricade the parking lot and side streets along the route as well as provide traffic detour signage. The Police Department has indicated they can provide traffic control assistance with on-duty personnel and with volunteers. AVDA volunteers will help man the registration area as well as serve as Marshals along the route. Overtime costs for the event are estimated at approximately $900 for barricading streets. The event sponsor will provide cleanup assistance and will pay the overtime costs. RECOMMENDATION: Staff recommends approval of the event and the temporary use permit. We also recommend authorization to provide staff assistance for traffic control and barricading with the sponsor paying all overtime costs, contingent on the sponsor providing the required liability insurance and a hold harmless agreement. Ref:Agmemol2.AVDA 5K Walk.8.17.99 RECEIVED I~AR 1 B 1999 ASSISTANT CITY MANAGER AID TO VICTIMS OF DOMESTIC ABUSE, P.O. Box 667 · Delray Beach · Florida 33447-0667 · 561-265-3797 ° Fax 561-265-2102 March 17, 1999 Mr. Robert Barcinski Assistant City Manager, Delray Beach 100 N.W. 1a Avenue Dekay Beach, FL 33444 Dear Mr. Barcinski: Aid to Victims of Domestic Abuse, Inc. wishes to hold our first annual walkathon, "Take Steps to End Domestic Violence". This walk will be held on Saturday, October 30, 1999 in conjunction with the Dade County Alliance Against Domestic Violence. Our long range goal is to enjoin all Florida counties to participate on the same day during Domestic Violence Awareness Month. Our walk will not only raise awareness of the frequency and tragedy of domestic violence, but will also raise necessary funding to help those women and children touched by domestic violence. We will use a route that has already been established, starting at Anchor Park on A1A up to Casarina to the sidewalk, north to George Bush Blvd (west)and returning to Anchor Park the same way. AVDA will need police to barricade these roads. My understanding, from talking to one of your captains, is that the cost will be about $135 because the route is already an established one. AVDA will of course, be responsible for the bill. We at AVDA have much to do to get this project offthe ground, so your immediate attention to this worthy cause would be greatly appreciated. Sincerely, Stem Di,~or of · Community Relations Director of Community Relations ~i Aid To Victims o! Domestic Abuse, Inc. (561) 265-3797 ° Fax (561) 265-2102 P.O. BOX 667 · DELRAY BEACH, FLORIDA 33447-0667 FUNDERS ~ - l[}[~ E 1~1 Housing & Community ~v/)C~ United Way oev.,opm..t CITY OF DELRAY BEACH ~L of Palm Beach Cou.O' F,iu~ILI ES Community Services · 08/12/1999 16:26 5612652102 AVDA PAGE 02 P.O. Box 66'/ * Delray Beach * Florida 33447-0667 * 561-26~7~7 * F~x56~*265-2~02 August 12, 1999 Mr. Robert Barcinski Assistant City Manager. Delray Beach 100 N.W. 1 '~ Avenue D~lmy Beach, FI. 33444 D~er Mr. Baroinskl: I am writing you concerning the October 30 "Take Steps to End Domestic Violence" walkathon sponsored by Aid to Victims of Domestic Abuse (AVDA). This event will take place in Anchor Park on AIA at 9:00 A.M. and will go for a distance of 5K. Literature has already been printed and distributed with the above information, so for this year the time can not be changed to an earlier hour. AVDA will provide 16 volunteers to act as marshalls the day of the walk per my conversation with Lt. Jeff Williams. In addition, AVDA is requesting a waiver of any public works fees or any other fees that might be applicable for this event. I thank the City of Delray Beach for their wonderful support during this event. I know that with our continued efforts we can make a difference to end this terrible tragedy. If the statistics are correct, that 80% of the calls coming into the Delray police department are domestic violence related, it is especially important that we continue to bring awareness to the public. If this upcoming walk can change one person's life, then we have accomplished our goall Sincerely, J.C. Stem Director of Community Relations FUNDERS CITY OF DELRAY BEACH CITY DRLI AY BEACH A1A 5K LOOP '~'TART/~I~INISH (Turnaround): Clearon center of read.ay. (A1A) 5' west of curb acro$$..fro~ south - corner of driveway at-238 .N."~ean Blvd. T~NAROUND: Center of. roadmy N. ~ean Blvd. at Geor6e Bush-~lvd. 33'7" ~-Of ~oncrete --- ; ; _-'~ FPL pole at SW corner of Intersection. MILE 2: 24" ~from west ~d~e of ~..~ean Blvd. 18' 2" ~ of Concrete FPL pole on property D E L B A Y 8 E A C . · '_~ ..... . . -" N. line ~tween 328 ~44 .N..~ean Blvd. Farke Recrea n: near center of ho~ at 1117_ ~muari~ Rd. - ...C NOTE: All cone~ on .A1A .~ ,-- ............................... 1t~e.'-" Runner~ are t~ stay .. - .......................... . 1) Center of where It mets' north-side .... " line where It ~ets east .-,. ,(:. ;.~ ..' '.. ~~. of painted center line where it ~ets north side of,,~suarina ..[.,'% £1TY (IF I)ELAI:IY BEACH pE, L~Y, 8,EAoC~ · ~-J~ll~l~CaC~t¥ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444. 561/243-7000 993 TO: David T. Harden City Manager FROM: 0t~Robert A. Barcinski I~ Assistant City Manager DATE: August 11, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 17, 1999 SPECIAL EVENT APPROVAL - 5TI-I ANNUAL DELRAY BEACH STREET CRAFT FESTIVAL ACTION City Commission is requested to endorse the 5th Annual Delray Beach Street Craft Festival to be held on September 25th and 26th from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue, and to authorize staff support for security. BACKGROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture ($2,000). The City is requested to provide barricading services and police security for this event at the detail rate. The event sponsor will provide vendor approval, site clean up, port-o-lets, and barricading. Police will be paid directly by the sponsor at the detail rate. Barricades will be left on Friday and set up by the sponsor. No overtime is anticipated. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, and approval of staff support for barricading and police security with the sponsor paying all police security costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. RAB/tas File: u : sweeney/agenda Doc: O813 98a. doc THE EFFORT ALWAYS MATTERS ~'Z~' BEST August 5, 1999 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1st Ave. Delray Beach, FL 33444 Dear Mr. Barcinski, We are preparing for our 5th Annual Downtown Delray Beach Craft Festival. This festival is to be held on NE & SE 4th Avenue, the dividing street being Atlantic Avenue, which will remain open to vehicular traffic, but to be patrolled by off-duty officers of Delray's finest. Please be advised that the following logistics for 5th Annual Downtown Delray Beach Craft Festival, September 25-26, 1999, will be arranged: Street Closure: Bon's Barricades will drop off barricades on Friday, September 24, 1999 and our employees will set them up early Saturday morning. Police: Lynn Parker at the Delray Police Department will arrange for Police and Security from 10:00am - 5:00pm Sat. & Sun. and overnight Sat. from 6pm - 6am. Port-O-Lets & Dumpster: 3 regular and 1 handicap port-o-let have been ordered through Waste Management of Palm Beach and will be dropped off on Fri., September 24, 1999 and will be picked up on Monday, September 27, 1999 with servicing Sunday, September 26, 1999. The 20 yd. dumpster will also be delivered Friday and picked up Monday. These will be placed in areas approved by the Delray Joint Venture. Trash Receptacles: 20 trash receptacles will be supplied and maintained by our professional clean up crew Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: RV's and Large Rig vehicles will park in the lot at 7th and Atlantic Ave. just west of Atlantic Plaza for overnight. Cars and vans will park at Nations Bank during the day only. If you have any questions, please feel free to call me at (954) 472-3755. Sincerely, ~n President Howard Alan Events, LTD. ()()0.~ ~'. BI{()¥~'XI{D BI.~I). · I) L\~T.~.rI'I()%~. F I: () I{ l l) \ ;~33:ZI (9,~'I) 172-37;~,~ · I/\\ (95/) 172 3~Ol '*',w w . ti ri d'i' ~ [ i ¥ a ] , (' () Iii MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'}~ SUBJECT: AGENDA ITEM ~q~ REGULAR MEETING OF AUGUST 17, 1999 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: AUGUST 13, 1999 The terms for Randee Schatz and Jess Sowards, regular members on the Board of Adjustment, will expire on August 31, 1999. Mr. Sowards was appointed to his first full term in August 1997. Ms. Schatz was appointed to fill an unexpired term in March 1999. Both are eligible and would like to be considered for reappointment. Further, the terms for Cheryl Lee Bennett and Daniel T. Davis, alternate members, will also expire on August 31, 1999. Both are eligible and would like to be considered for reappointment. Attendance records are attached. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The term is for two (2) years, ending August 31,2001. The following have submitted applications for consideration: Cheryl Lee Bennett (incumbent - alternate) Ron Brito (currently on BCA- term expires 8/31/99 and is not eligible for reappointment) Daniel T. Davis (incumbent - alternate) Bernard J. Federgreen Benjamin F. Ricker Randee Schatz (incumbent) Jess Sowards (incumbent) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, Mayor Alperin (Seat//5) and Commissioner Schmidt (Seat//1) will make the appointments for regular members. Commissioner Archer (Seat //2) and Commissioner Wright (Seat //3) will make the appointments for alternate members. Recommend appointment of two regular members and two alternate members to the Board of Adjustment for two-year terms ending August 31, 2001. s / cityclcrk/board.commission.memo.boa. 8.17.99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ff,~ SUBJECT: AGENDA ITEM # ~r REGULAR MEETING OF AUGUST 17, 1999 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: AUGUST 13, 1999 The terms for Ronald Brito (general contractor), Robert Currie (architect), Donald MacLaren (sign contractor) and Russell Warren (master plumber) on the Board of Construction Appeals will expire on August 31, 1999. Mr. Brito and Mr. MacLaren have both served two (2) full consecutive terms and are not eligible for reappointment. Mr. Currie and Mr. Warren have each served one (1) complete term. Both are eligible for reappointment and would like to be considered. Attendance records are attached. The term is for two (2) years ending August 31, 2001. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Deiray Beach. The two incumbents and the following persons have submitted applications and would like to be considered for appointment; the list has been categorized. Architect Robert G. Currie (incumbent) General Contractor Fred Griffin John D. Gwynn Dave Mayer James Muzic Master Plumber Russell Warren (incumbent) Sign Contractor Claudio Camilucci Jay B. Little Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found, with the exception of John D. Gwynn (violations attached). Based on the rotation system, the appointment to the architect position will be made by Commissioner Randolph (Seat #4). Mayor Alperin (Seat #5) will make the appointment to the general contractor position. Commissioner Schmidt (Seat # 1) will make the appointment for master plumber. Commissioner Archer (Seat #2) will make the appointment for sign contractor. Recommend appointment of four regular members to the Board of Construction Appeals with terms ending August 31, 2001. s/cityclerldboard commissio n.memo.bca.8.1799 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: C~ CITY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 17, 1999 SECURITY LIGHTING IN THE SEACREST/DEL-IDAAREA DATE: AUGUST 13, 1999 The Seacrest/Del-Ida Neighborhood Plan (see attached excerpt) calls for the installation of extra lighting on private property throughout the neighborhood. Although the Plan calls for the City and CRA to split the cost of this lighting, the CRA has agreed with City staff that they would fund and administer this grant program. This will work well for most of the neighborhood, but the area north of George Bush Boulevard between Swinton Avenue and Seacrest is outside the CRA District. Therefore, the CRA cannot fund the grants in this area. In order to simplify the administration of this program, City staff recommends that the City fund the grants for front yard lights in the Seacrest/Del-Ida Neighborhood north of George Bush Boulevard between Swinton Avenue and Seacrest, but allow the CRA to administer the program for the entire neighborhood. The grants would be funded from the budget for the neighborhood project. We estimate the maximum potential cost to the City to be $22,500. Ref:Agmemoll.Security Lighting in Seacrest/Del-Ida Area SEA CREST/DEL~IDA NEIGHBORI'IOOD PLAN PLAN IMPLEMENTA TI ON PA GE 33 negatively impacted. This impact is addressed with in the dark spots between street lights. It is estimated approval of project site plans, that the fixture and installation would cost between $400 and $500 per light. The program should be bid on The Stormwater Master Plan has identified portions of a per light basis and installed in quan~ties of 5 to 10 at the neighborhood as problem and flood prone areas, a time to reduce costs. The cost to each resident who Recommended improvements in the plan include a wishes to participate in the program would be the storm sewer system with main trunk line along NE 3rd same. It is recommended that the homeowners pay Avenue and George Bush Boulevard and outfall to the one-half the cost and that the CRA and the City each Intracoastal Waterway. In order to meet water quality pay one-quarter. regulations, an appropriate amount of retention or detention is also required for storage of the first 1" of F.E.G. Rc~ilroc~d Buffer stormwater runoff prior to discharge. The amount of The appearance of the adjacent railroad right-of-way land required for dry detention in the neighborhood is and Dixie Highway has a serious impact on the 4.8 acres. When adequate land area is not available, neighborhood. The CRA will use a portion of the tax this number can be reduced by ufi!J×ing exfiJtration increment generated by new development and trenches, redevelopment of the North Federal Highway corridor for landscape buffers along the ralkoad. The project By utilizing dry detention areas without permanent would include landscaping and irrigation along the ponding, there is an opportunity to provide for Railroad, between George Bush Boulevard and NE 14th recreational uses between storms. The City has already Street Existing trees and other landscaping will be purchased one parcel, located at the northeast comer of accommodated within the design. NE 3rd Avenue and NE 14th Street for this purpose. This parcel which wil/double as a passive park. It is FIRE PROTECTION the first parcel to be acquired in the multi-family area along t he railroad. The Delray Beach Fire Department indicates that existing fire stations are sufficient to provide adequate The overall project improvements proposed by the response times and service to existing development. Stormwater Master Plan are not currently programmed The City will monitor the need for fire protection as in the City's 5-Year Capital Improvements Plan. new developmentorredevelopmentisproposed. However, the City has budgeted $275,000 in FY 1998/99 for drainage improvements in the area. CODE ENFORCEMENT ACTIVITIES Deteriorating sttucbxres, peeling paint, litter and Electrical Distribution And Street Lighting overgrown and unkempt vegetation can have a Electrical service is provided throughout the devastating effect on a neighborhood. Neglect can lead neighborhood area. No upgrades are required at this to blight, decay, decreased property values and loss of time. neighborhood pride. Code erfforcement compels the care and upkeep of private property, including the Street lighting improvements are recommended for the exterior structure and surrounding yard. entire neighborhood. The installation of additional street lighting can be accomplished by Florida Power It is recommended that the code enforcement efforts be and Light at no cost to the City. The City would, concentrated in the areas of the neighborhood with the however, assume responsibility for the costs of worst physical conditions. This includes the area east operating the lights. Requests for improved lighting of NE 2.d Avenue (Seacrest Boulevard), between can also be handled on a case-by-case basis as George Bush Boulevard and NE 13th Street and the problems are reported to the Environmental Services area along the railroad tracks, north of NE 14th Street Department. The City will continue to implement special outreach This Plan also recommends development of a program programs to help new residents understand applicable to provide additional exterior lighting on private codes and ordinances regarding lawn maintenance, property. Under this program, the City and CRA trash disposal, parking, etc. It is recommended that the would share the cost with individual property owners homeowners' associations work with the City to help to install a decorative pole light in the front yard. educate neighborhood residents. Information included Photo cells would be installed in each fixture to ensure in newsletters or flyers as well as a door-to-door that the lights are activated each night. These lights canvassing of the neighborhood to explain these would improve security in the neighborhood by filling To: City Commission From: City Manager Subj: Security Lighting in the Seacrest/Del Ida Area The SeacrestJDel Ida Neighborhood Plan (see attached excerpt) calls for the installation of extra lighting on private property throughout the neighborhood. Although the Plan calls for the City and CRA to split the cost of this lighting, the CRA has agreed with City staff that they would fund and administer this grant program. This will work well for most of the neighborhood, but the area north of George Bush Boulevard between Swinton Avenue and Seacrest is outside the CRA District. Therefore, the CRA cannot fund the grants in this area. In order to simplify the administration of this program, City staff recommends that the City fund the grants for front yard lights in the Seacrest/Del Ida Neighborhood north of George Bush Boulevard between Swinton Avenue and Seacrest, but allow the CRA to administer the program for the entire neighborhood. The grants would be funded from the budget for the neighborhood project. We estimate the maximum potential cost to the City to be $22,500. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~ SUBJECT: AGENDA ITEM# - REGULAR MEETING OF AUGUST 17r 1999 ORDINANCE NO. 29-99 (POLICE AND FIRE RETIREMENT PLAN) DATE: AUGUST 12, 1999 This is second reading and a public hearing for Ordinance No. 29-99 which amends Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code to enhance certain retirement benefits to participants of the Police and Firefighter's Retirement Plan by increasing certain multipliers, by allowing changes in the beneficiary after the retirement date and eliminating offsets for disability retirees. The following is a summary of the changes proposed: 1. Clarifies that the early retirement window option applies only to pension benefits entitlement for those with at least 18 years to 20 years of service and provides that sick leave, vacation and other accruals are not part of the benefit. 2. Clarifies that the retirement benefit enhancement will apply to beneficiaries. The enhancement will be adjusted annually on the retiree's anniversary date of hire and expressly eliminates disability retiree's ability to receive the enhancement. 3. Reduces the percent for a disability pension to 60%. 4. Increases the multiplier from 2.5 to 3.0 for members with 20 years or more of service. 5. Increases from 2 to 3 years the period used for determination of average monthly earnings. 6. Reduces employee contributions from 7.33% to 3.00% of base compensation. 7. Provides interest on withdrawn contributions. 8. Removes all offsets. 9. Provides for changes to beneficiaries after retirement. At first reading on August 3, 1999, the City Commission passed the ordinance by unanimous vote. As an additional item, the Police/Fire Addendum to Agreement makes the same clarifications to the early retirement incentive (window) provisions and the retirement benefit enhancement. Recommend approval of Ordinance No. 30-99 on Second and Final Reading, and approval of the Addendum to Agreement (by separate motions). Ref:Agmemo14.Ord.29-99.Police&FireRetirementPlan ORDINANCE NO. 29-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING 'PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 33.60, "DEFINITIONS", TO PROVIDE CHANGES IN THE DEFINITION OF AVERAGE MONTHLY EARNINGS; AMENDING SECTION 33.61, "MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION", SUBSECTION 33.61(C), 'CHANGE IN DESIGNATION OF BENEFICIARY", TO PROVIDE FOR CHANGES IN BENEFICIARIES; AMENDING SECTION 33.62, 'BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE FOR A CHANGE IN THE MULTIPLIER FOR NORMAL RETIREMENT BENEFITS, CHANGING THE PERCENTAGE FOR DISABILITY RETIREMENTS AND ELIMINATING OFFSETS; AMENDING SECTION 33.64, 'CONTRIBUTIONS', TO PROVIDE FOR A DECREASE IN PARTICIPANT CONTRIBUTIONS; AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE", TO PROVIDE FOR A CHANGE IN THE MULTIPLIER; AMENDING SECTION 33.689, 'RETIREMENT BENEFIT ENHANCEMENT", TO CLARIFY THE BENEFITS THEREUNDER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain retirement benefits to participants of the Police and Firefighter's Retirement Plan by increasing eerta~ multipliers, by allowing changes in the beneficiary after the retirement date and eliminating offsets for disability retirees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, 'Police and Fire Departments", subheading, "Pensions', of t~ Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.60, 'Definitions", Definition of 'Average Monthly Earnings" to read as follows: Section 33.60 I)EFINITIONS. "AVERAGE MONTHLY EARNINGS'. ~-'o ~ .... ~,, ~'..,,,~ ,~' ,~.o ,,,.;.,~,,.,.,o,;,.,.,~ ........ r One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided however~ the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month periodt as calculated prior to the effective date of this ordinance. Section 2. That Chapter 33, 'Police and Fire Departments', subheading, 'Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.61, 'Membership; Conditions of Eligibility; Application', Subsection 33.61(C), 'Change in Designation of Beneficiary', to read as follows: Section 33.61 MEMBERSHIP~ CONDITIONS OF ELIGIBILITY~ APPLICATION. (C) Change in designation of beneficiary. member, including a member who h~ elected to p~icipate in ~e Defe~ed Retirement Option PI~ pursuant to Section 33.685, shall designate ~e joint pe~ioner or bene~ei~ to receive the bene~t~ if ~. payable ~der ~e plan in ~e event of the member's dea~ on a fo~ provided by ~e Bo~d of T~t~. The member may revoke or ch~ge the designation of a joint pensioner or ben~ei~ at ~y t~e prior to the commencement of retirement income or bene~ts~ by sub~tt~g such ch~gc in ~g on a fo~ provided by the Bo~d of Trustees. A m~mber may ~so ch~ge ~e designa~on of a joint pe~ioner or bene~ci~y a~er ~e co~encement of ~edrement income or bene~, subject to approval by ~e Bo~d of Trustees, and in accord~ce wi~ the following: (1) The member must pay the full cost of determining the equivalent actuarial value of the benefit payable. (2) The consent of a member's joint pensioner or beneficiar,/to any change in such designation shall not be required. (3) The amount of retirement income payable to the member upon the designation of a new joint pensioner shall be actuarially redetermined, taking into account the benefits already received by fl~e member, and the age and sex of the former joint pensioner, the new joint pensioner and the member. (4) Each designation of a joint pensioner or beneficiary shall be made in writing on a form provided by the Board of Trustees. (5) Upon a change in designation of joint pensioner or beneficiary, the rights of all previously designated joint pensioner or beneficiaries to receive any benefit under the system shall cease. 2 Section 3. That Chapter 33, 'Police and Fire Departments~, ~ubheading, 'Pensions~, of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.62, "Benefit Panounts and Eligibility~, Paragraphs B, C, E and F to read as follows: Section 33.62 BENEFIT AMOUNTS AND ELIGIBILITY. (B) Normal retirement benefit. (1) Duration, survivor benefits. A member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty percent (60%) of that amount continued thereafter until the earlier of death or remarriage. (2) Amount. Normal retirement benefits shall be in the mount of two and one-half percent (2.5%) of average monthly earnings for each year of continuous service for employees with more than ten (10) but less than twenty (20) years of continuous service,.. Normal retirement benefits shall be in the amount of three percent (3%) of average monthly earnings for each )'ear of continuous service if an .e...mployee has attained twenty (20) or more years of continuous s..ervice~ subject to a maximum of seventy- five percent (75%) of average monthly eamings~..provided however~ that in. ,no event shall a member's total benefit be less than two percent (2%) of average monthly earnings for each year of continuous service. However, members as of the effective date shall receive at their normal retirement date (age 52 regardless of years of service) the greater of the benefit provided by the formula above or fifty percent (50%) of average monthly earnings. (3) Upon becoming eligible for normal retirement, a member shall be one hundred percent (100%) vested in his accrued benefit. (C) Disability retirement provisions. (5) Disability retirement benefits. '- (a) Eligibility. Each member shall be eligible for service incurred disability benefits, regardless of length of continuous service. Each member who completes ten (10) years of continuous service prior to becoming disabled shall be eligible for nonservice incurred disability benefits. (b) ~ aAmount of service incurred disability benefit. (75°./:) Sixty percent (60%) of the member's average monthly earnings in effect on the date of disabilityt 3 (c) ~Gil&al _a~qount of nonservice incurred disability benefit. Two percent (2%) of average monthly earnings in effect on the date of disability for ~ch year of continuous service, subject in any event to _~ maximum fifty percent (50%) of average monthly earnings e_-'?_ :'2bier*. _~_l.-t. her te .................... ,provided, however? the minimum shall not be less than twent~-five percent (25%) of average monthly earnings. (d) Terms of payments. Disability benefits shall commence on or as of the first day of the month coincident with or next following the date of disability, as established by the Board of lrustees, and shall continue to be paid on the first day of each subsequent month until the death or recovery of the disability retiree. The same survivorship percentages which apply to normal retirement benefits shall also apply to disability retirement benefits. r,.,n .... ,~ k ...... ,~;_~a~;I;,,, ko,.on+o .,o;~ k ..... ;o~ ..... ~,., ~, ....... l,o,.~, ....... ,:,.., ko,,~n+~ +,. r~ .............. ~:~ --''d ....... ./ ............. -' ............ ~:~ ----J ........................... .......... . ~_ ..................... ~,_ ................................................... ~ 4 ~ Eligibili~ for o~er ~nefi~. In ~e event ~at a member apply~g for disability benefits is also eligible for eider e~ly or no~al re~emeng ~e Bo~d may, upon ~e request of the member, pay ~e e~ly or no~al retirement benefit ~stead of a disabiliw ~tkement benefit. (6) ~ ~epo~ by disability retiree. (a) Each person cu~ently receiving disability retkement ~nefits ~d each person who first qualifies for disability retirement benefi5 shall be required to sub~t to ~e Bo~d of T~tee~ upon a request by the Board of Trustees, n~ l~er ~h~ }.!~rch ! cf e~ch 1'e~r a signed ~d notari~d rear which includes, but is not limited tol!he disability retiree's physician stating whe~er the retiree is still folly ~capaci~ted to perfo~ the reg~ and continuous duties of a police officer or firefighter shall ~ submiRed to ~e Bo~d. The requ~ physici~'s s~tement must be dated wi~n four monks of~e ~quest. ~ 2~ A s~tement to ~e effect ~at ~e disabili~ ~tiree ~de~ds ~at the report is incomplete or inco~ech ~s di~bility ~nefits may ~ s~pended or discontinued. ~ ~ In ~e event ~at ~e requi~d ~ re~ ~ ~e not submi~ed to ~e Bo~ on a timely b~is, or is incomplete or inco~ec~ ~e Bo~d may, ~ i~ discretion, s~pend or discont~ue &e disability retirement benefim. 5 6 (.g.)(7) Disability affidavit. No member otherwise eligible to receive disability benefits shall be paid those benefits unless and until that member files a disability affidavit with the Board on a form furnished by the Board. By the disability affidavit, the prospective retire shall affu'm that he is acquainted and familiar with the terms and conditions of his disability retirement. In particular, he shall acknowledge the authority of the Board to require him to undergo periodic future physical examinations in order to determine whether he has recovered from disability. (..9.)(8) Authority for reexamination. Each person who first qualifies for or is then receiving disability retirement benefits on or after the effective date of this subchapter shall be subject to periodic reexamination by a medical board selected by the Board of Trustees to determine if the disability has ceased to exist. Recovery from disability. (a) In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Department or Fire Department, the Board shall discontinue the pension; and further, the City shall, subject to budget and qualification of the member for the position, offer the member a position with the city as a police officer or fire fighter. (b) If a member shall resume his employment with the city, as a police officer or firefighter, then he may pay into the fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability retirement had he not been retired, and shall thereupon receive ca'editable service for the period of the disability retirement. In any event, that member shall retain credit for the period of continuous service to the date of disability. (E) Vesting. 7 (1) If a member terminates his employment with the Police or Fire Departments, either voluntarily or by lawful discharge, and is not eligible for any other benefits under this system, he shall be entitled to the following: (a) Effective September 1) 1999, ;~,IZ_with less than ten years of continuous service, refund of member contributions with a non-compounded simple interest rate of three (3%) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year, per year. With ten or more years of continuous service: 1. The pension benefit accrued to his date of termination, payable commencing on the date which would have been his earliest normal retirement date had he remained in employment, provided he does not elect to withdraw his member contributions, or 2. Effective September I~ 1999, l~_efund of member contributions with non-compounded simple interest rate of five (5%) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year. (F) Application of section. The provisions set forth herein shall be applicable to all current and future members of the plan, except those members who retired~ entered the DROP plan, or terminated employment prior to the effective date of this ordinance. Members who retired~ entered the DROP plan~ or terminated employment prior to the effective date of this ordinance shall receive benefits in accordance with the plan provisions in effect on the date of their retirement~ entry into the DROP plan~ or termination~ whichever is earliest. x ..... r ............. Section 4. That Chapter 33, 'Police and Fire Departments', subheading, 'Pensions~, of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.64, 'Contributions', Paragraphs A, B, C and D to read as follows: Section 33.64 CONTRIBUTIONS. (A) Member contributions. (l) Effective the first pay period after September 1~ 1999, Mmembers of the retirement system shall make regular contributions to the trust fund at a rate equal to !9~9) three percent (3%) of their respective annual earnings. Eligible employees, as a condition of 8 membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted fi.om the earnings before the same are paid, until the member has completed ~ 25 years of continuous service at which time ~ member contributions are no longer required. (2) Effective October 1, 1989, the City shall pick up the member contribution required by division (A)(I) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. the city shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the city pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. (B) State contributions. Any moneys received or receivable by reason of laws of the state, for the express purpose of funding and paying for retirement benefits for police and firefighters of the city shall be deposited in the Trust Fund comprising part of this system. (C) City contributions. So long as this system is in effect, the city shall make an annual contribution to the Trust Fund in an amount equal to the difference in each year as between the total of aggregate member contributions for the year plus state contributions for the year and the total cost for the year as shown by the most recent actuarial valuation and report for the system. The total cost for any year shall be defined as the total of normal cost plus the additional amount sufficient to amortize the unfunded accrued past service liability over a 40-year period commencing with the effective date of this system. (D) Guaranteed refund of member contributions. All benefits payable under this system are in lieu of a refund of member contributions. Effective September 1~ 1999~ employees who terminate employment with less than ten (10) years of continuous servicer upon the election to receive a refund of member contfibutions~ shall receive a non-compounded simple interest rate of three percent (3%) per year applied to the principal balance of the participant's contributions as accrued on December 31 of each year. Effective September 1~ 1999~ employees who terminate employment with ten (10) years or more of continuous service~ upon the election to receive a refund of member eontribufions~ shall receive a non- compounded simple interest rate of five percent (5%) per year applied to the principal balance of the partici.pant's contribution as accrued on December 31 of each year. In any event, each member shall be guaranteed the payment of benefits at least equal in total amount to his accumulated contributions plus interest as provided herein. 9 Section 5. That Chapter 33, 'Police and Fire Departments', subheading, 'Pensions', of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.687, 'Early Retirement Incentive', to read as follows: Section 33.687 EARLY RETIREMENT INCENTIVE. (A) Effective January 1, 1994, an early retirement incentive shall be provided to employees in accordance with this section. The availability of the early retirement incentive in any calendar year shall be determined by the City. (B) Employees with eighteen (18) and up to~ but not including 20 ~ years of continuous service shall be eligible for the early retirement incentive. In any calendar year in which the City determines that the early retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (30 to 90 days) whether they wish to receive the early retirement incentive and retire from City employment. The City will provide at least sixty (60) days advance notice to eligible employees of the early retirement incentive offering. (C) Eligible employees who elect to receive the early retirement incentive shall receive two (2) additional years of continuous service: under the System, and upon receiving such additional continuous service shall immediately retire and terminate City employment. Effective the first pay period after September 1~ 1999, eligible employees who elect to receive the early retirement incentive shall receive three percent (3%) of average monthly earnings for each year of continuous service if the employee qualifies for the twenty (20) year (or more) normal retirement benefit. The early retirement incentive program shall be voluntary for all eligible employees. The early retirement incentive shall not apply to sick leave, vacation or any other accruals or benefits. (D) An employee who elects to receive the early retirement incentive under this Section cannot also participate in the Deferred Retirement Option Plan under Section 33.685. Section 6. That Chapter 33, 'Police and Fire Departments', subheading, 'Pensions', of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.689, 'Retirement Benefit Enhancement', to read as follows: Section 33.689 RETIREMENT BENEFIT ENHANCEMENT. Effective October 1, 1994, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City Police officer or firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the System to all eligible retirees or their beneficiaries shall be -_dj"~_e~_ e"_':h Oc*._'2ber ! based on the l0 amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to Chapters 175 and 185, Florida Statutes. A minimum benefit increase ofohe percent (1%) per year will be provided, regardless of the amount of premium tax revenues received by the City. To the extent total annual premium tax revenues exceed $504,922, the annual one percent (1%) m|nimum adjustment will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four percent (4%), regardless of the amount of premium tax revenues received by the City. The annual benefit adjustment provided under this Section shall be compounded annually (i.e., the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the System to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's f'ust benefit payment. Disability retirees and their beneficiaries are not elii~ible to receive the retirement benefit eldmncement. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading. S~D ADOPTED in regular session on second and f'mal reading on this the ]7 t,~ day of_ , 1999. ATTEST: City Clerk First Reading ~t~~ ,.~',/~'~ Second Reading !! ADDENDUM TO AGREEMENT The City of Delray Beach (City), Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System (Board), Professional Firefighters and Paramedics of Delray Beach, Local 1842, IAFF (IAFF), and the Police Benevolent Association (PBA), enter into this Addendum to the Agreement concerning pension matters executed by the parties in October and November 1993. The parties recognize that certain changes to the original agreement are necessary to implement the intent of the parties with respect to the original agreement. A copy of the original agreement is attached hereto. 1. The parties enter into this Addendum to amend the original Agreement in the following respects: A. Paragraph 2 (Early Retirement Incentive) of the Agreement is amended to read as follows: Early Retirement Incentive - The City, PBA and IAFF agree that the police/firefighter pension plan will be amended to provide an early retirement incentive for plan members with 18 and up to, but not including 20 years of credited service. The incentive would be the addition of two years of credited service in the calculation of the pension. The additional credited service provided to eligible members pursuant to this section shall be for pension purposes only, and shall not affect the payment for accrued vacation or sick leave upon termination of employment, or any other benefits provided by the City. Eligible members would be given an opportunity to decide within a limited time period (30 to 90 days) whether they wish to retire. The early retirement incentive could be offered on a year-to-year basis as determined by the City, and may not be 1 offered every year. The City will provide at least 60 days advance notice of each "window" option period. An employee who elects to exercise the "window" option cannot also participate in the DROP. B. Paragraph 3 of the Agreement (Retirement Benefit Enhancement) is amended to read as follows: Retirement Benefit Enhancement - - The City, IAFF and PBA agree that effective January 1, 1994, the police/firefighter pension plan will be amended to provide an annual increase in benefits for eligible retirees or their beneficiaries of between one percent and four percent, payable the month following the anniversary date of the retiree's date of hire, based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to Chapters 175 and 185, Florida Statutes. Effective the first pay period after September 1, 1999, "eligible retirees" are members or beneficiaries of members who retired or terminated employment after September 30, 1993, receive normal retirement benefits, and whose date of hire as a City police officer or firefighter is twenty-five (25) or more years prior to the benefits adjustment date. A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received. To the extent annual premium tax revenues exceed the current amount ($504,922), the annual one percent minimum adjustment will be increased in increments of one-tenth of one percent, based on the acmary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increases on an actuarially sound basis. The maximum amount of the total annual benefit increase will not exceed four percent, regardless of the amount of premium tax revenues received. The annual benefit increase provided under this paragraph shall be compounded annually (i.e., the increase shall be based on the benefit received by plan members at the end of the preceding plan year). 2. Except as expressly modified in this amendment, the terms of the original Agreement remain in full force and effect. The parties warrant that by agreeing to this amendment or by agreeing to implement other changes to the pension ordinance, the parties have not waived, nor have they intended to waive the provisions of paragraph 5 of the original agreement removing pension issues from collective bargaining now or in the future. 3. Effective Date - - This Addendum shall take effect upon execution by all parties, except as otherwise specifically provided herein. 4. Severability - - Should any provision or part of this Addendum be declared illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining parts and provisions shall have no force and effect unless otherwise mutually agreed by the parties. CITY OF DELRAY BEACH Date ATTEST: CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY BOARD OF TRUSTEES OF THE CITY OF DELRAY BEACH POLICE OFFICERS AND FIRFIGHTERS RETIREMENT SYSTEM Date PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF DELRAY BEACH, LOCAL 1842, IAFF Date POLICE BENEVOLENT ASSOCIATION Date Approved by a majority of police/firefighter pension members on MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYMANAGER~?1 SUBJECT: AGENDA ITEM # /Od - REGULAR MEETING OF AUGUST 17~ 1999 ORDINANCE NO. 30-99 (GENERAL EMPLOYEES RETIREMENT PLAN) DATE: AUGUST 12, 1999 This is second reading and a public hearing for Ordinance No. 30-99 which amends Chapter 35, "Employee Policies and Benefits", of the City Code to enhance certain retirement benefits to certain participants of the General Employees Retirement Plan by changing the normal retirement date, providing for no employee contributions, providing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. The following is a summary of the changes proposed: 1. Changes the eligibility for a fully normal retirement benefit by adding a 30 years of credited service threshold regardless of age to the age 60 with ten years of service threshold for eligibility that currently exists. 2. Adds a Deferred Retirement Option Plan (DROP Plan). 3. Provides for interest of three percent (3%) with less than 10 years of service and 5% with 10 or more years of continuous service on employee contributions when withdrawn. 4. Brings employee contributions into the retirement plan to zero. 5. These changes as drafted exclude union members who are currently operating under an expired Collective Bargaining Agreement (CBA) or those that have not yet entered into a CBA. 6. Establishes a 1% matching program to a deferred compensation plan. This change is not a part of the pension ordinance, but is outlined in an administrative policy (#EB-14, copy attached). At first reading on August 3, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 30-99 on Second and Final Reading. Ref:Agmerao14.Ord.30-99.GeneralEmployeesRetirementPlan ~~ J--& ORDINANCE NO. 30-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 35.089, "DEFINITIONS", TO PROVIDE CHANGES IN THE DEFINITIONS OF ~NORMAL RETIREMENT DATE", "RETIREMENT" AND "TERMINATED PARTICIPANT"; AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANTS CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIBUTIONS, AND TO PROVIDE FOR VARIABLE INTEREST ON CONTRIBUTIONS WITHDRAWN BY CERTAIN PARTICIPANTS PRIOR TO NOPdVlAL RETIREMENT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION 35.097(D), "BENEFITS OTHER THAN ON RETIREMENT", PART 35.097(D)(1), "BENEFIT ON TERMINATION OF SERVICE AND ON DEATH AFTER TERMINATION OF SERVICE", PARAGRAPHS (A) & 0S), TO PROVIDE FOR INTEREST ON CERTAIN PARTICIPANT CONTRIBUTIONS WITHDRAWN PRIOR TO RETIREMENT; CREATING A NEW SECTION 35.110, "DEFERRED RETIREMENT OPTION PLAN", PROVIDING A DROP PLAN FOR CERTAIN ELIGIBLE PARTICIPANTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain retirement benefits to certain participants of the General Employees' Retirement Plan by changing the normal retirement date, providing for no employee contributions, providing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.089, "Definitions", to read as follows: Section 35.089 DEFINITIONS. (G) "Normal retirement date" is the first day of the month coincident with or next following the date a participant attains the age of 60 and completes ten years of credited service, or the date on which a participant attains thirty (30) years of credited services regardless of alge~ whichever occurs first. A ~ may continui in the employ of the city and continue to participate in the plan beyond the normal retirement date. (I) "Retirement" means either termination of citY employment with immediate entitlement to receive normal, early or disability retirement income under the plath or entry into the Deferred Retirement Option Plan ("DROP") with immediate entitlement to receive normal retirement income from the General Employees Retirement Plan to the DROP. (K) "Terminated Participant" means a plan participant with *o-' t~n~ ...... .... ,_ _, ........ yea_': at least five (5) years of credited service whose City employment is terminated for any reason other than death, early retirement or disability retirement prior to the normal retirement date. Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.095, "Contributions of Participant and City", Subsection 35.095(A), "Participants contribution account" to read as follows: Section 35.095 CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's contribution account. (1) For the purpose of this division "PARTICIPANT'S CONTRIBUTION ACCOUNT' will consist of tax deferred participant contributions. Effective the ftrst pay period beginning on or after October 1, 1989, employee contributions will be picked up by the citY and shall be treated as employer contributions for tax purposes. However, for all purposes of determining benefits under the plan, they will be considered participant contributions. (2) Each participant will contribute toward the cost of the plan an amount equal to three percent (3%) of the first $4,800 of his basic annual compensation, and six percent (6%) of basic annual compensation in excess of $4,800 until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six percent (6%) of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one-half percent (4.5%) of basic compensation on a tax-deferred basis. Beginning with the first pay period after September 1~ 1999, participants shall not be required to contribute to the plan, except those participants described in paragraph (4) of this Section. 2 ORD. NO. 30-99 ~-~ ........ r ...... r ................. ~ ~--~ ~'~r~ .................... ~ ~ing in ~e pl~ to ~e con~ no~~d~g, ~e to~ ~nefits payable ~der the plan to, or wi~ respect to, a p~icip~t shall not ~ less ~ ~e ~nefi~ ~at ~ be provided by padicip~t's con~ibutions, ~d ~her provided, if a ~ p~icip~t~ who is te~ated~ clec~ to withdraw pmicip~t con~butions ~- .................................... '- *~ ..... ~ '~" .....' n~*-, ~ p~cip~t ~11 be entitled ~ ,~ ,u~ .~+ ....e ~.~;~:.~., ~.,.;k,,,: ..... a,u~,,, :., .... ' to ~e ret~ of p~icip~t con~butions with int~rest~ in lieu of all ot~r ~n~fits payable ~der ~e pl~. ~clJ~ S~pt~mb~r 1~ 1999~ if a has ten (10) or more ~e~s of credited semite ~der ~e pl~ a non-compo~ded s~ple interest ral~ of (5%) ~rg~nt g~r ~ shall b~ applied to ~e pfincip~ bal~ce of ~e pmicipat's con.button a accrued on Decem~r 31 of each ye~. ~ff~ciive September 1~ 1999~ ifa pmicip~t has less ~ ten (10) ~e~s of credited se~Jce ~der ~e pl~ a non-compo~ded simple ~terest mi~ of ~ (3%) ~C~nt sh~l b~ applied lo ~e principal ~al~ce of the pmicip~t's con~Jb~tion ~ accrued on December 31 of each Pmicip~l contributions c~ot ~ wit~a~ whil~ a ~cipat ~m~ in t~ employ of ~e ci~ or a~er the payment of benefi~ under ~e pl~ h~ commenced. (4) Applicability to Bargaining Unit Employees. Participants who are part of a bargaining unit which currently has not entered into a collective bargaining agreement or is operating under an expired collective bargaining agreement with the City shall continue contributing to the plan in the same ~nanner and amount as previously required prior to the effective date of this ordinance and shall receive no interest on participant contributions upon termination from the plan. Should the City and the affected bargaining units enter into and ratify a collective bargaining agreement the affected participants shall not be required to contribute to the plan~ and may receive interest on monies withdrawn in accordance with paragraph (3)~ from the date of the f'mal execution of the collective bargaining agreement forward and shall retain status quo ante rights thereafter. Section 3. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.097, "Retirement Income; basis, amount, and payment", Subsection 35.097(D), "Benefits other than on retirement", Part 35.097(D)(1), "Benefit on termination of service on death after termination of service", Paragraph (a), to read as follows: 3 OR.D. NO. 30-99 Section 35.097 RETIREMENT INCOME~ BASIS~ AMOUNT~ AND PAYMENT. (D) Benefits other than on retirement. (1) Benefit on termination of service and on death after termination of service: (a) If a participant's city employment is terminated after completion of five ($) years of credited service but before the normal retirement date, and the termination of employment is for any reason other than the participant's death, early retirement as described in division (B) of this section, or disability retirement as described in division (C) of this section, the participant shall, if then living, be entitled to a deferred monthly retirement income commencing on the normal retirement date. The amount of the deferred monthly retirement income shall be computed in the same manner as normal retirement income under division (B)(2) of this section, based upon the terminated participant's vested percentage, credited service and final monthly compensation at the date of termination of city employment. A participant who terminates city employment after completion of five (5) years of credited service may alternatively elect, in lieu of any other plan benefits, to withekaw participant contributions ~ in accordance with Section 35 095(A) c....~. ~o..,;~... ,.....;,~..~ ....... ..,:..:..o..~ ......,..;~...,; .... ~.~, ~.~ Section 4. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.097, "Retirement Income; basis, amount, and payment", Subsection 35.097(D), "Benefits other than on retirement", Part 35.097(D)(1). "Benefit on termination of service on death after termination of service", Paragraph (e), to read as follows: Section 3S.097 RETIREMENT INCOMEi BASIS~ AMOUNT~ AND PAYMENT. (D) Benefits other than on retirement. (1) Benefit on termination of service and on death after termination of service: (e) Except as provided in division (A) of this section with respect to normal retirement, division (C) of this section with respect to disability retirement, and division (D) of this section with respect to death, a participant whose employment is terminated prior to the completion of five ($) years of credited service shall be entitled only to the return of participant contributions ~ in accordance with Section 35.095(~A). 4 ORD. NO. 30-99 Section 5. That'Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by creating Section 35.110, "Deferred Retirement Option Plan", to read as follows: Section 35.110 DEFERRED RETIREMENT OPTION PLAN. (A) Beginning with the first pay period after September 1) 1999) any employee who is eligible for normal retirement~ as defined in Section 35.059(G), may elect to participate in the Deferred Retirement Option Plan ("DROP")~ except as provided in Section 35.110(L)) in accordance with this section. An employee is considered retired for pension plan purposes upon entering into the DROP plan. (B) An election to participate in the DROP plan must be made in writing and shall become effective thirty (30) days following the date it is received by the Retirement Committee or pension plan administrator? or on a later date if specified by the employee. (C) An employee who elects to participate in the DROP plan may participate in such plan for a maximum of sixty (60) months. (D) An employee's credited service and accrued benefit under the system shall be determined on the effective date of the employee's election to participate in the DROP plan. An employee shall not accrue any additional benefit under the plan after entering the DROP plan) except as afforded other eligible retirees under the plan. After entering the DROP plan~ a participant shall not be eligible for disability or pre- retirement death benefits under the retirement plan. (E) A DROP plan account shall be established for each employee who elects to participate in the DROP plan in accordance with this section. During the period of the employee's participation in the DROP plan, the employee's normal retirement benefit shall be paid into the employee's DROP plan account. The employee's DROP plan account shall be invested by the Retirement Committee and credited with interest equal to the overall net (earning less costs) investment rate of return on the Retirement Plan assets during the period of the employee's participation in the DROP plan. Provided) however) the Committee) in its sole discretion) may establish a separate plan for DROP accounts that would be invested by the retiree and for which special rules may be applied consistent with Internal Revenue Service regulations. (F) At the conclusion of the retiree's participation in the DROP plan) and as a condition .of participating in such Plan~ the retiree will continue his retirement and terminate City employment. The retiree will thereafter receive a normal retirement benefit at the same rate as previously calculated but the monthly amount will be paid to the retiree and not deposited in the DROP plan account. The retiree's DROP plan account will thereafter be distributed to the retiree in a cash lump sum, unless the retiree elects an alternative distribution as described below: 5 ORD. NO. 30-99 (1) Phyments in approximately equal quarte.rly or annual installments over a period designated by the retiree not to exceed the life expectancy of the retiree or the joint life expectancy of the retiree and the retiree's designated beneficiary. In the event that the retiree dies before all installments have been paid~ the remaining balance in the DROP plan account shall be paid in an immediate cash lump sum to the retiree's design.areal beneficiary~ or {2) The purchase of a non-forfeitable fixed annuity payable in such form as the employee may elect. Elections shall be in writing and shall be made at such time or in such manner as the Retirement Committee shall determine. If the annuity form selected is not a qualified joint and fifty (50) percent ,survivor annuity with the retiree's spouse as the beneficiary~ the annuity payable to the retiree and thereafter to the retiree's beneficiary shall be subject to the incidental death benefit rule as described in Section 401 (a) ,(9),(G) of the Internal Revenue Code and applicable regulations. (G) Notwithstanding the provisions of paragraph (F)~ if a retiree dies before distribution of the retiree's DROP plan account commences, the account balance shall be paid to the. retiree's designated beneficiary in such optional form as the beneficiary may select. Notwithstanding, the provisions of Paragraph F, if the reti.r, em.ent committee adopts a separate plan in accordance with 35.110(E)~ distribution in accordance with rules established by the retirement committee under such separate plan will apply. (H) Except as otherwise provided in this Section, distribution of .an employee's DROP plan account shall begin as soon as administratively practicable following the employee's termination of employment. A retiree may~ in accordance with such procedures as the Retire. ment committee may prescriber elect to defer distribution of the DROP plan account until the first day of any month coincident with or following the termination of the retiree's City employment; provided~ however~ distribution shall be made before the distribution date elected by the employee to the extent necessary to comply with the Internal Revenue Code and regulations thereunde.r. Any amounts in a retiree's DROP plan account shall continue to be invested by the Retirement Committee and shall be credited with the net investment return on the Retirement Fund until the balance of the DROP plan account is fully distributed to the retiree or the r. efiree's beneficiary. Provided~ however~ if the Committee establishes a separate plan as set forth in Section 35.110(E), the earnings will be invested and distributed pursuant to the rules of the separate plan. (I) In no event shall the provisions of this Section operate so as to allow the distribution of a retiree's DROP plan account to begin later than April I following the later of the calendar year in which the retiree terminates City employment or attains age seventy and one-half (70 ½). .(J) Notwithstanding any other provisiqns of this Sectionr all distributions from retiree DROP plan accounts shall conform to applicable provisions of the Internal Revenue Code and regulations issued thereunder and as provided under a separate plan if. ad. opted by the retirement committee. 6 ORD. NO. 30-99 (K) Notwithsianding any provision of this Section to the contrary~ a retiree or beneficiary ~,ceiving distributions from a DROP plan account may elec~ at the time and in a manner prescribed by the Retirement Committee~ to have any portion of an eligible rollover distribution paid directly from the DROP plan account to an eligible retirement plan specifie, d by the retiree or beneficiar,/ in a direct rollover~ provided~ h0.wever, if the committee establishes a separate plan as set forth in Section 35.110(E), the eligible rollover distribution of the DROP plan allotment will be distributed pursuant to the rules of the separate plan. The following de£mitions apply to the terms used in this paragraph: (1) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distributee under the DROP plan~ .except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal! periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint .lives (or joint life expectancies) of the distributee and the distributee's designated beneficiar~ or for a specified period of ten (10) years or more~ any distribution to the extent such distribution is required under Section 401(a)(~9) of the Internal Revenue Code~ and the portion of any distribution that is not includible in gross income. (27 "Eligible retirement plan" means an individual retirement account described in Section 408(a) of the Internal Revenue Code~ an individual retirement annuity described in Section 408(b) of the Internal Revenue Code~ an annuity plan described in Section 403(a) of the Internal Revenue Code~ or.a ,qualified trust described in Section 401(a) of the Internal Revenue Code~ that accepts the distributee's eligible rollover distribution. However~ in the case of an eligible rollover distribution to the surviving spouse~ an eligible retirement plan is an individual retirement account or individual retirement annuity. (.3.) . "Distributee" means an employee or former emplgyee. In addition~ the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spo.use. (4) ."Direct rollover" means a payment, by the DROP plan to the eligible retirement plan specified by the distributee. The direct rollover may be accompl!shed by any reasonable means determined by the Retirement Committee. (L) Participants who are part of a bargaining unit which currently has not entered into a collective bargaining agreement or is operating under an expired collective bargaining agreement with the City shall not be allowed to participate in the DROP plan. Should the.. City and the affected bargaining units enter into and ratify a collective bargaining agreement the affected participants shall be allowed to enter into the DROP plan as of the date the collective bargaining agreement is executed. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 7 ORD. NO. 30-99 Section 7. That should may section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to general employee plan participants who are covered under an expired collective bargaining agreement; or belong to a bargaining unit that has not executed a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement applicable to such employees. _~D AND ADOPTED in regular session on second and f'mal reading on this the ~ day of _ ,1999. .~~ A'UI'EST: City Clerk First Reading C/~__~~ 2~/~ ~ Second Reading ~/~/~ 8 ORD. NO. 30-99 C it y o'.f ADMINISTRATIVE su,J~.c?:~'.MP~.Oy~'. B~.N~.~'TTS POLICIES AND PROC URES Deferred Compensation D e I r a.y MANUAL Matching Prog=am , EB-14 0 1 OF 2 SUPERSEDES APPROVED BY~ 0 DAVID T. HARDEN. C~t~ Hana~r EB-14.0 P~osc: The p~ose is to establish a volunt~ one percent (1%) matc~n~ progr~. EB- 14.01 Applicability: This policy applies to all re~ul= full-time employees of thc City of Dclray Beach who =e members of ~c General Employee% Retirement Plan, except it docs not apply to ~ose employees who upon the effective dat~ of ~is policy ~e covered by ~ expired collective bar~ainin~ a~recmcnt or are p~ of a b=~ainin~ unit that has yet to rati~ ~d execute a collective b~aining agreement. This policy shah be effective as to ~ose excluded employees when a cu~ent collective b~ai~ng agreement providin~ for t~s pro~r~ is ratified ~d executed. EB- 14.2 Policy: Ihe City shall contribute one percent (1%) of the employeWs b~c compensation ~o a dcfe~cd compensation plan designated by the City, if ~ eligible employee also con~ibutes at lc~t one percent (1%) of the employee's base compensation to the s~e deferred compensation pl~ for the employee's benefit, in accord~cc with ~e fol[owin~ tc~s: A. In order to pa~icipate in t~s matchin~ proart, ~ employee con~bution shall be deducted from hisser pay. The tot~ combined contribution of ~c City ~d employee may not exceed thc ~o~[ allowed per l,[erna] ~evenuc Se~lcc regulations. B. City ~d employee contributions to a deleted compensation pl~, p~su~t to ~s policy, shall cease upon the date the employee no lonEer works for thc City as a rc~ul= ~ll-time employee, enters the Deferred Retirement Option PI~ (DROP pl~), or if the employee becomes a member of a defined benefit pl~ (o~er ~ ~c General Employees Retirement PI~). C. A re-~red employee who previously p~icipated or was previously eligible to p~icipate in ~c matc~n~ progr~ shall not have ~y buy back rights ~dcr thc " matc~ng progr~. D. An eligible employee who desires to p~ticipate in this matching progr~ may contribute more th~ one-percent (1%) of the employce's b~e compensation (subject to I~S regulations), however, the City's contribution shall not exceed one percent (1%). SUBJECT: EMPLOYEE BENEFITS Deferred Compensation Plan for Non-Participating Employees Page 2 E. An eligible em. ployee who participates in the matching progrmn may later elect to not participate in 0~e matching program upon giving thirty (30) days prior written notice to the City. The City's matching contribution shall also cease at the time that the employee's contribution ceases. F. An eligible employee who desires to or does not desire to participate in the matching p~'ogram or who wishes to terminate participation must complete all paper work and lbrms required by the Finance Department. CITY OF DELP. AY BEACII ELECTION OF I'ARTICII'ATION OR NON-PARTICIPATION IN CITY'S ONE PERCENT MATCIIING PROGI~tM I have reviewed the City of Delrny Beach Administrative Policy mid Procedure Nmnber EB-14, "One Percent Matching Progrmn". Ill compliance with that procedure, the followiug request is made: I elect not to participate ill tile City's One Percent Matching Program. . i elect lo Imrticipale in the City's One Percent Matching Program. I' i iht,her understand that if I elect to participate in tile Matching Progrmn, lnlernnl Revenue Service Regulations governing Ihe 457 Deferred Compensation Plan limits lhe mnount of mmuni contributions made to my I.C.M.A. 457 Deferred Compensation accouat to 25% of my mmual salary up to n maximunl of $8,000. I further traders,mid Ihat if ! elect to participate ill the 457 Delbrred Compensatlm~ Plan, tile combined contributions of Ihe City and myself to my Deferred Compensation Platt account cmmot exceed Ihe IRS maxinmnl allowable total in ally calendar year. I understand lhat I will need lo conlact Ihe Finmice Deparlment ill order to complete the necessary I.C.M.A. 457 Deferred Compensation Plan Enrollment Form to begin participation its tile 457 Defer, ed Compensation Plan. i elect to .o longer participate ill tile City's One Percent Matching l'rogrnm, i understmld that il' 1 no longer participate by contributing nt least one-percent of my base compensation, tile City shall also not conltibute to tile Match l'rogranl. Employee's Signature Date Employee's Name (Print) Employee's Social Security Number Employee's l'osition Title Employee's Department Witness Signalure Date O~igiftnl lo: I htmn~t Itesomcen Copy lo: I:l.mtce - I'aytoll Dlvtslott CoJ'~y itc Fhsnnce Admi.lslsnllo. [IT¥ I]F DELRL ¥ BEK[H CITY ATTORNEY'S OFFICE ~00.,~., ^v..~. ~^~ ~^~., ~,o~,~^ ~.. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH , ~ o ~ , o · Writer's Dir¢ct Linc: 561/243-7091 Ali.America City DATE: August 13, 1999 1993 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution No. 52-99 to Administer ICMA DROP Plan for Eligible General Employees The ICMA Retirement Corporation requires the adoption of this Resolution to administer the DROP Plan for eligible General Employees. Please place this resolution on the August 17, 1999 agenda after Ordinance 30-99 for City Commission approval. Appendix A to this resolution is Ordinance 30-99. Attachment cc: Joe Safford, Finance Director RESOLUTION NO. 52-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A DEFERRED RETIREMENT OPTION PLAN FOR CERTAIN ELIGIBLE EMPLOYEES AND ADOPTING THE DECLARATION OF TRUST OF ICMA RETIREMENT TRUST; PROVIDING FOR A COORDINATOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida (hereinatter referred to as the "City") has previously established and maintains a deferred compensation plan for certain of its employees which is administered by the ICMA Retirement Corporation (hereinafter referred to as the "Administrator"); and, WHEREAS, the City desires to establish a Deferred Retirement Option Plan (DROP Plan) for certain eligible employees; and, WHEREAS, the City desires that the DROP Plan be administered by the ICMA Retirement Corporation and the funds held under such a plan shall be invested in the ICMA Retirement Trust, a trust established by public employees for the collective investment of funds held under their retirement plans. WHEREAS, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred compensation plans; and, WHEREAS, the City does hereby wish to execute the Declaration of Trust of ICMA Retirement Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That the City does hereby establish a DROP Plan in the form provided by the plan attached hereto as Appendix A for certain eligible employees and executes the Declaration of Trust with the ICMA Retirement Corporation, as same appears in Appendix "B" which is attached hereto and made a part hereof, as an amendment and restatement of its existing agreement with the ICMA Retirement Corporation, intending that this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City if the assets of the plan are to be invested in the ICMA Retirement Trust, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is practicable. Section 2. Employees eligible to participate in the DROP plan are those employees who are eligible members of the General Employee Pension Plan under the terms and conditions set forth in City ordinances as may be amended from time to time. Section 3. That the City hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement Trust. Section 4. That the City does hereby authorize the City Manager of the City of Delray Beach, Florida to be the coordinator for this program, and to be the official of the City authorized to receive the necessary reports, notices, etc. from the ICMA Retirement Corporation or ICMA Retirement Trust as administrator, and to cast, on behalf of the City, any required votes under the program and is authorized to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the program. All administrative duties to carry out the plan may be assigned by the City Manager to either the City Manager's Office or to appropriate departments of the City. PASSED AND ADOPTED in regular session on this the 17 thday of August ,1999. ATTEST: City Clerk / ~ 2 RES. NO. 52-99 ORDINANCE NO. 30-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "KETIP~MENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 35.059, "DEFINITIONS", TO PROVIDE CHANGES IN THE DEFINITIONS OF "NORMAL RETIREMENT DATE", "RETIREMENT" AND "TERMINATED PARTICIPANT~; AMENDING SECTION 35.095, "CONTRIBI. rrlONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBL~ON ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIB~ONS, AND TO PROVIDE FOR VARIABLE INTEREST ON CONTRIBUTIONS WITHDRAWN BY CERTAIN PARTICIPANTS PRIOR TO NORMAL RETIREMENT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION 35.097(D), "BENEFITS OTHER THAN ON RETIREMENT", PART 35.097(D)(1), "BENEFIT ON TERMINATION OF SERVICE AND ON DEATH AFTER TERMINATION OF SERVICE", PARAGRAPHS (A) & fiE), TO PROVIDE FOR INTEREST ON CERTAIN PARTICIPANT CONTRIBUTIONS WITHDRAWN PRIOR TO RETIREMENT; CREATING A NEW SECTION 35.] 10, "DEFERRED RETIREMENT OPTION PLAN", PROVIDING A DROP PLAN FOR CERTAIN ELIGIBLE PARTICIPANTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. VgHEREAS, the City Commission of the City of Delray Beach desires to enhance certain retireme~I benefits to certain participants of the Genera] Employees' Retirement Plan by changing the normal retirement date, providing for no employee contributions, providing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plato NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of thc City of D¢lray Beach is hereby atncnded by amending Section 35.089, "Definitions", to read as follows: Section 35.089 DEFINITIONS. (G) "Normal retirement date" is the first day of the month coincident with or next following the date a participant attains the age cf 60 and completes ten years of credited servicea or the date on which a participant attains thirty (30) years of credited serviee~ regardless of alge~ whichever occurs first. A EXHIBIT "A" ! t ~ continui in the employ of the city and continue to participate in the plan beyond the normal retirement date. (I) "Retirement" means ,either termination of city employment with immediate entitlement to receive normal, early or disability retirement income under the plath or entry into the Deferred Retirement Option Plan ("DROP") with immediate entitlement to receive normal retirement income from the General Employees Retirement Plan to the DROP. (K) "Terminated Participant" means a plan participant with '"-' .... t~,__,m ...... ........ 7_-x,'_r at least five (5) years of credited service whose City employment is terminated for any reason other than death, early retirement or disability retirement prior to the normal retirement date. Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.095, "Contributions of Participant and City", Subsection 35.095(A), "Participants contribution account" to read as follows: Section 35.095 CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's contribution account. (1) For the purpose of this division "PARTICIPANT'S CONTRIBUTION ACCOUNT" will consist of tax deferred participant contributions. Effective the first pay period beginning on or after October 1, 1989, employee contributions will be picked up by the city and shall be treated as employer contributions for tax purposes. However, for all purposes of determining benefits under the plan, they will be considered participant contributions. (2) Each participant will contribute toward the cost of the plan an amount equal to three percent (3%) of the first $4,800 of his basic annual compensation, and six percent (6%) of basic annual compensation in excess of $4,800 until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six percent (6%) of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one-half percent (4.5%) of basic compensation on a tax-deferred basis. Beginning with the in'st pay period after September 1~ 1999~ participants shall not be required to contribute to the plan~ except those participants described in paragraph (4) of this Section. 2 ORD. NO. 30-99 ',-~ ................. z- ......z' .... I,.'~ l~.,e~ ,,~'~,,,-,~I,,.,~,-.,, ,.~'~,~ ~..,,~ ,-,~,.,,,*~,. ----r--., ................ ,_, ............................. :._! ....-'""~ ..... * "'"~' *~'- (A.)(3) Anything in the plan to the contrary notwithstanding, the total benefits payable under the plan to, or with respect to, a participant shall not be less than the benefits that can be provided by the participant's contributions, and further provided, if a tsm~i~m~l participant, who is terminated, elects to withdraw participant contributions ;-'~-'- .................................... o...s. ..... ~ "": .....· '~"-, the participant will be entitled ~ ,...r,o ,... .... t ..~.-,:,.:..~.., .....,.~s..,,: ..... '~'~'"'" ~"' .... ' to the return of participant contributions with interest? in lieu of a]l other benefits payable under the plan. Effective September 17 19~9~ if a participant has ten (10) or more years of credited service under the plan a non-compounded simple interest rate of five (5%) percent per year shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Effective September 1, 1999r if a participant has less than ten (10) years of credited service under the plan a non-compounded simple interest rate of three (3%) percent shall be applied t0. the principal balance of the participant's contribution as accrued on December 31 of each year, Participant contributions cannot be withdrawn while a participant remains in the employ of the city or after the payment of benefits under the plan has commenced. (4) Applicability to Bargaining Unit Employees. Participants who are part of a bargaining unit which currently has not entered into a collective bargaining agreement or is operating under an expired collective bargaining agreement with the City shall continue contributing to the plan in the same manner and amount as previously required prior to the effective date of this ordinance and shall receive no interest on participant contributio, ns upon termination from the plan. Should the City and the affected bargaining units enter into and ratify a collective bargaining agreement the affected participants sh.all not be required to contribute to the planT and may receive interest on monies withdrawn in accordance with par,a, gr.aph. (3), from the date of the final execution of the collective bargaining agreement forward and shall retain status quo ante rights thereafter. Section 3. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.097, "Retirement Income; basis, amount, and payment", Subsection 35.097(D), "Benefits other than on retirement", Part 35.097(D)(1), "Benefit on termination of service on death after termination of service", Paragraph (a), to read as follows: 3 ORD. NO. 30-99 Section 35.097 RETIREMENT INCOMEI BASIS~ AMOUNT~ AND PAYMENT. (D) Benefits other than on retirement. (1) Benefit on termination of service and on death after termination of service: (a) If a participant's city employment is terminated after completion of five (5) years of credited service but before the normal retirement date, and the termination of employment is for any reason other than the participant's death, early retirement as described in d/vision (B) of Offs section, or disability retirement as described in division (C) of this section, the participant shall, if then living, be entitled to a deferred monthly retirement income commencing on the normal retirement date. The amount of the deferred monthly retirement income shall be computed in the same manner as normal retirement income under division (B)(2) of this section, based upon the terminated participant's vested percentage, credited service and final monthly compensation at the date of termination of city employment. A participant who terminates city employment after completion of five (5) years of credited service may alternatively elect, in lieu of any other plan benefits, to withi/raw participant contributions ~ Section 4. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.09?, "Retirement Income; basis, amount, and payment", Subsection 35.097(D), "Benefits other than on retirement", Part 35.097(D)(l), "Benefit on termination of service on death after termination of service", Paragraph (e), to read ~ follows: Section 35.09? RETIREMENT INCONLEI BASIS~ AMOUNT~ AND PAYMENT. (D) Benefits other than on retirement. (l) Benefit on termination of service and on death after termination of service: (e) Except as provided in division (A) of Offs section with respect to norms] retirement, division (C) of this section with respect io disability retirement, and division (D) of this section with respect to death, a participant whose employment is terminated prior to the completion of five (5) years of credited service shall be entitled only to the return of participant contributions ~ in accordance with Section 35.095(A). 4 ORD. NO. 30°99 Section 5. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by creating Section 35.110, "Deferred Retirement Option Plan", to read as follows: Section 35.110 DEFERRED RETIREMENT OPTION PLAN. (A) Beginning with the fa'st pay ~riod after September 1~ 1999~ any employee who is eligible for norma! ,retirements, as defined in Section 35.089~G)~ may elect to participate in the Deferred Retirement Opt, ion plan, ("DROP")t except as provided in Section 35.110(L)t in accordance with this section. An ~m_ ployee is considered retired for pension plan purposes upon entering igto the DROP plan. (B) An election to participate in the DROP plan must be made in vn'iting and shall become effective thirty (30) days following the date, it is received by the Retirement Committee or pension plan administrator~ or on a later date if specified by the employee. (C) An employee who elects to participate in the DROP plan may participate in such plan for a maximum of sixty {60) months. ,~D) An employee's credited service and accrued benefit under the system shall be determined on the effective date of the employee's election to par~,icipate in the DROP plan. An employee shall not accrue any additional benefit under the plan after entering the DROP plan) except as afforded other eligible retirees under the plan. After entering the DROP plant a participant shall not be eligible for disability or pre- retirement death benefits under the retirement plan. (E) A DROP plan account shall be established for each employee who elects to participate in the DROP plan in accordance with this section. During the period 0fthe employee's participation in the DROP plan) the employee's normal retirement benefit shall be paid into the employee's DROP plan account. The employee's DROP plan account shall be invested by the Retirement Committee and credited with interest equal to the overall net (earning less costs) investment rate of return on the Retirement Plan assets during the period of the employee's participation in the DROP plan. Provided) however) the Committee) in its sole discretiont may establish a separate plan for DROP accounts that would be invested by the retiree and for which special rules., may be applied consistent with Internal Revenue Service regulations. (F) At the conclusion of the retiree's participation in the DROP plan~ and as a condition of participating in such Plant the retiree will continue his retirement and terminate City employment. The retiree will thereafter receive a normal retirement benefit at the same rate as previously calculated but the monthly amount will be paid to the retiree and not deposited in the DROP plan account. The retiree's DROP plan account will thereafter be distributed to the retiree in a cash lump sumt unless the retiree elects an alternative distribution as described below: 5 ORD. NO. 30-99 ! I (1) P~yments in approximately equal quanerl)', or ,,annual in~.tallments over a period designated by the retiree not to exceed the life expectancy of the retiree or the joint life expectancy of the retiree and the retiree's designated beneficiary., In the event that the retiree dies before all installments have been paid~ the remaining balance in the DROP plan account shall be paid in an immediate cash lump sum to the retiree's designated beneficiary~ or (2) The purchase of a non-forfeitable fixed , ,a.lmuii~ payable in such form as the employee ma), elect. Elections shall be in writing and shall be made at such time or in such manner as the Retirement Committee shall determine. If the annuity form selected is not a qualified joint .and fift~ (50) percent survivor annuity with the retiree's spouse as the beneficiary~ the annuity payable to the retiree and thereafter to the retiree's beneficiary' shall be subject to the incidental death benefit rule as described in Section 401 (a) (9)(G} of the Internal Revenue Code and applicable reRulations. (G) No.twi~standing the provisions of l~aragraph .(F), if a retiree dies before distribution of the retiree's DROP plan account commences~ the account ...balance shall be paid to the retiree's designated beneficiar~ in such optional form as the beneficiary may select. Notwithstanding~ the provisions of Paragraph F, if the retirement committee ad. opts a separate plan in accordance with 35.110(E)~ distribution in accordance with rules established by the retirement committee under such separ, a.te plan will apply. (H) Except as otherwise provided in this Section~ distribution of an employee's DROP p!.an account shall begin as soon as administratively practicable following the employee's termination of employment. A retiree may~ in accordance with such procedures as the Retirement Committee may prescriber elect to defer distribution of the. DROP plan account until the first da~' of an)' month coincident with or following the termination of ~e retiree's Cit~ employmenti provided~ however~ distribution shall be made before the distribution date elected by the employee to the extent necessar~ to compl)' with the Internal Revenue Code and regul.atio.ns thereunder. Any amounts in a retiree's DROP plan account shall continue to be invested by the Retirement Committee and shall be credited with the net investment return on the Retirement Fund until the balance of the DROP plan account is full)' distributed to the retiree or the retiree's beneficiary. Provided~ however~ if the Committee establishes a separate plan as set forth in Section 35.110(E)~ the earnings will be invested and distributed pursuant to the rules of the separate plan. tl) In no event shall the provisions of this Section operate so as to allow the distribution of a retiree's DROP plan account to begin later than April I following the later of the calendar year in which the retiree terminates City employment or attains age seventy.and one-half (?0 ½). ($) Notwithstanding an~ other provisions of this Section, all distributions from retiree DROP plan accounts shall con.form to applicable provisions of the Internal Revenue Code and regulations issued thereunder and as provided under a separate plan if adopted by the retirement committee. 6 ORD. NO. 30-99 (K) Notwithsianding any provision of this Section to the contrary, a .retiree or beneficiar~ receiving distributions from a DROP plan account may electt at the time and in a manner prescribed by the Retirement Committee~ to have any portion of an eligible rollover distribution paid directly from the DROP plan account to an eligible retirement plan specified by the retiree or beneficiary in a direct rolloveB. provided~...ho, weyer~ if the committee establishes a separate plan as set forth in Section 35.110(E)? the eligible rollover distribution of the DROP plan allotment will be distributed pursuant to the rules of the separate plan. The following definitions.apply tO the terms used in iht. 's l~aragraph: (1) "Eligible rollover distribution" means any distribution of all or, any portion of the balance to the credit of the distributee under .the DROP plan~ except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equa! periodic payments (not less frequently than annually) made for the life (Or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary~,or for a specified period of ten (!.0) years or more~ any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code~ and the portion of any distribution that is not includible in gross income. (2) "Eligible retirement plan" means an individual retirement account described in Section 408(a) of the Internal Revenue Code~ an individual retirement annuity described in Section 408(b) of the Internal Revenue Code~ an annuity plan described in Section 403(a) of the Internal Revenue Code~ or a qualified trust described in Section 401(a) of the Internal Revenue Code~ that accepts the distributee's eligible rollover distribution. However~ in the case of an eligible mllover distribution to the surviving spous% an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) "Distributee" means an employee or former employee~ .In addition~ the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. (4) ."Direct rollover' means a payment by the DROP plan to the eligible retirement plan specified by the distributee. The direct rollover ma), be accomplished by any reasonable means determined by the Retirement Committee. (L) Participants who m'e l~art of a bargaining unit which currently has not entered into a collective bargaining agreement or is operating under an expired collective bargaining agreement with the City shall not be allowed to participate in the DROP plan. Should the City and the affected bargair~ing units enter into. and ratify a collective bargaining agreement the affected i~arficipants shall be allowed to enter into the DROP plan as of the date the collective bargaininll agreement is executed. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 7 ORD. NO. 30°99 Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the pail declared to be invalid. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to general employee plan participants who are covered under an expired collective bargaining agreement; or belong to a bargaining unit that has no! executed a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement applicable to such employees. . D AND ADOPTED in regular session on second and final reading on this the ~ day of ' 1999. ATrEST: City Clerk First Reading //~~ .~, lq ~ ORD. NO. 30-99 DECLARATION OF TRUST OF ICMA RETIREMENT TRUST ARTICLE I. NAME AND DEFINITIONS Section 1.1 Name: The name of the trust created hereby is the ICMA Retirement Trust~ Section 1.2 Definitions: Wherever they are used herein, the following terms shall have the following respective meanings: {a) By-laws. The by-laws refer~ecl to in Section 4.1 hereof, as amended from time to Time: lb) Deferred Compensation Plan. A deferred compensation plan esmbr~hed and maintained by a Public Employer for the purpose of providing retirement income and other deferred benef'~s to its employees in accordance with the provision of section 457 of the Internal Revenue Code. (c) Employees. Those employees who part~clpate in Qualified Plans and/or Deferred Compensation Plans. Id) Employer Trust. A trust crea~ed pursuant to an agreement between RC and a Public Employer, or an agreement between RC and a Public Employer for administrative serVices tha~ is not a trust, in either case for the purpose of investing and administering the funds sat aside by such Employer in connection wi~h its Deferred Compensation agreements with its .employees or in connection wi~h its Qualified Plan. (e) Investment Contract. A non-negotiable contract entered into bY the Retirement Trust with a financial insti~ution that provides for a fixed rate of return on investment, If) ICMA. The International City/County Management Association. (g) ICMA Trustees. Those Trustees elected by the Public Employers in accordance with the provisions of Section 3.1|a! hereof, who ere also members or for'mar members of the Executive Board of ICMA. (h) RC Trustees. Those Trustees elected by the Public Employers who, in accordance wkh the provisions of Section 3.1 la) hereof, are also members or former members Df the Board Df Directors of RC. Ii) Internal Revenue Code. The Internal Revenue Code of 1986, as emended. (j) Investment Adviser. The Investment Adviser that enters into a contraL-t w~th the Retirement Trust to provide advice..with respect to investment of the Trust Property. (k) Portfolios. The separate commingled pools of investment established by the Investment Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of providing investments for the Trust Property. (I) Public Employee Trustees. Those Trustees elected by the Public Employers who, in accordance with the provision of Section 3.1 la) hereof, are full-tim employees of Public Employers. (m) Public Employer Trustees. Public Employers who serve as trustees of the - Qualified Plans or Deferred Compensation Plans. (hi Public Employer. A unit of state or local government, or any agency or instrumentality thereof, that has adopted a Deferred Compensation Plan or a Qualified Plan and has executed this Declaration Df Trust. lo) Qualified Plan. A plan that is sponsored by a Public Employer for the purpose of providing retirement income to )ts employees =nd that ~at|sf-~s the (:lualification re(luirernents of Section 401 of the internal Revenue Code. IP) Public Employer Trust. A trust that is established by a Public Employer in connection with its Queli~d Plan and that s<~sfies the mquimmerns of Secti~ 501 of the Internal Revenue Code, or a trust established by-a Public Employer in connection with its Deferred Compensation i~lan and that sat[sties the re~luirements of Section 457(b) of the Internal Revenue Code. Iq) RC. The International City Management Association Retirement Corporation. Ir) Retirement Trust. The Trust created by this Declaration of Trust. Is} Trust Property. The amounts held i~ the Retirement Trust as provided in Section 2.3. The Trust Prol~erty shall include any in~:ome resulting from the investment to the amounts so held. (t) Trustees. The Public Employee Trustees, ICMA Trustees and RC Trustees elected by The Public Employers to serve as members of the Board of Trustees of the Retirement Trust. ARTICLE Ii. CREATION AND PURPOSE OF THE TRUST: OWNERSHIP OF TRUS~' PROPERTY Section 2.1 Creation: (a) The Retirement 'Trust was created by the exect~Jon of this Declaration of Trust by the initial Trustees and Public Employers and is established with respect to each participating Public Employer by adoption of this Declaration of Trust. lb) The Retirement Trust is hereby expressly made a part of the appropriate Qualtrmd Plan or Deferred compensation Plan of each Public Employer that executes or has executed this Declaration of Trust. Section 2.2 Purpose and Parlicipation: (al The purpose of t~e Retirement Trust is to provide for the commingled investment of funds held by the Public Employers in connection with their Deferred Compensation and Qualified Plans. The Trust Property shall be i/tvested in the Portfolios. in Investment Contracts. and in other investments recommended by the Investment Adviser under the supervision of the Board of Trustees. No pert of the Trust Property will be invested in securities issued by Public Employers. (b) Participation in the Retirement Trust is limited to Ii) pension and pro~os~i~ ~rusts which are maintained by Public Employers and that are exempt under maC-ti~rt 501 (a) of the Internal Revenue Code because the Qualified Plans related thereto qualify under section 401(a) of the Internal Revenue Code and (iii deferred compensation plans maintained by Public Employers under Section 457 of the Irrtemal Revenue Code (and trusts maintained by such Public Employers in connection with such 457 plans). Section 2.3 Ownership of Trust Property: (a) The Trustees shall have legal title to the Trust Property. The Trust Property shall be held as follows: (il for the Public Employer Trustees for the exclusive benefit of the Employees: or (ii) in the case of a Deferred Compensation Plan maintained by a Public Employer that has not established a Public Employer Trust for the plan, for the Public Employer as beneficial owner of the plan's assets. lb) The portion of the corpus and income of the Retirement Trust that equitably belongs to any Public Employer Trust may not be used for or diverted to any purpose - 3 - other than for the exclusive benef"rt of the Employees (or their beneficiaries) who are entitled to benefits under such Public Employer Trust. {c) No employer's-Public Employer Trust may assign any part of its equity or interest in the Retirement Trust, and any .purported assignment of such equity or interest shall be void. ARTICLE Iil. TRUSTEES .. Section 3.1 Number and Qualification of Trustees: la)The Board of Trustees shall consist of nine Trustees. Frye of the Trustees shall be full-time employees of a Public Employer (the Public Employee Trustees! who are authorized by such Public Employer to serve as Trustee. The remaining four Trustees shall consist of two persons .who, at xtra time of election to the Board of Trustees, are members or former members of the Executive Board of ICMA, and two persons who, at the time of election, are members or former members of the Board of Directors of RC:. One of the ICMA Trustees and one of the RC Trustees shall, at the time of election, be full-time employees of Public Employers. lb) No person may serve as a Trustee for more than two terms in any ten-year period, Section 3.2 Election and Term: (al Except for the Trustees appointed to fill vac~flr.,ies pursuant to Section 3.5 hereof0 the Trustees shall be elected by a vote ota majority of the voting Public Employers in accordance with the procedures set forth in the By-Laws. lb) At the first election of Trustees, three Trustees shall be elected for a term of three years, three Trustees shall be elected for a term of two years and three Trustees shall be elected for a term of one year. At each subsequent election, three Trustees shall be elected, each to serve for a term of three years and until his or her successor is elected and qualified. Section 3.3 Nominations: The Trustees who are full-time employees of Public Employers shall serve as tl~e Nominating Committee for the Public Employee Trustees. The Nominating Committee shall choose candidates for Public Employee Trustee in accordan(~e with the procedures set forth in the By-Laws. Section 3.4 Resignation and Removal: (al Any Trustee may resign as Trustee (without need for prior or subsequent accounting) by an in_%-trument in writing signed by the Trustee and delivered to the other Trustees and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed for cause, by a vote of a majority of the Public Employers.' lb) Each Public Employee Trustee shall resign his or her position as Trustee within sixty days of the date on which he or she ceases to be a full-time employee of a Public Employer. Section 3.$ Vacancies: The term of office of a Trustee shall te,l~;nate and a vacancy shall occur in the event of his or her death, resignation, removal, adjudicated incompeter~-~ or other incapacity to perform the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoint such person as they in their discretion shall see fit (subject to the limitations set forth in this Section), to serve for the unexpired portion of the term of the Trustee who has resigned or otherwise ceased to be a Trustee, The appointment shell be made by a w~t'ten instrument signed by a majority of the Trustees. The person appointed must be the same type of Trustee (i.e., Public Employee. Trustee, ICMA Trustee or RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of retirement or resignation, provided the[ such appointment shall not become effective prior to such retirement or · resignation. Whenever a vacancy shall occur, until such vacancy is filled as provided in this Sectioii 3.5, the Trustees in office, regardless of their number, shall have all the powers gran.ted to the Trustees 'and shall discharge all the duties imposed upon the Trustees by this Declaration, A written instrument certifying the existence of a vacancy signed by a majority of the Trustees shall be conclusive evidence of lhe existence of such .vacancy. Section 3.6 Trustees Serve in Representative Capacity: By executing this Declaration, each Public Employer agrees that th~ Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Em~doyers collectively. ARTICLE IV. POWERS OF TRUSTEES Seclion ~t. 1 General Powers: The Trustees shall have the power to conduct the business of the Trust and to carry on its operations. Such power shall include, but shall not be limited to, the power to: (a) receive the Trust Property from the Public Employers, Public Employer Trustees or the trustee or administrator under any Employer Trust; (b) enter into a contract with an Investment Adviser providing, among other things, for the establishment and operation of the Portfolios, selection of the Investment Contracts in which the Trust Property may be invested, selection of the other investments for the Trust Property and the payment of reasonable fees to the Investment Adviser and to any sub-investment adviser retained by the Investment Adviser; -5- (c) review annually the performance of the Investment Adviser and approve annually the contract with such investment Adviser; Id) invest and reinvest the Trust Property in the P~rtfolios, the Investment Contracts and in any other investment recommended by the Inve~nerr~ Adviser. but not including securities issued by Public Employers. provided that If a Public Employer has directed that its monies be inveslmJ in one or mom specified Portfolios or in an Investment Contract, the Trustees of. the Retirement Trust shall invest such manias in accordance with such directions; la) keep such portion of the Trust Property in cash or cash balances as Trustees. from time to time, may deem to be in the best interest of the Retirement Trust created hereby without liability for interest thereon; (fl accept and retain for such time as they may deem advisable any securities or other property received or acquired by them as Trustees hereunder, or not such securities or other property would normally be purchased as investment hereunder; (~1) cause any securities or ~ther property held as part of the Trust Property to be registered in the name of the Retirement Trust or in the name of a nominee, and to hold any investments in bearer farm, but the books and records of the Trustees shall at all times show that all such investments ~re a pa~t of the Trust Property; Ih) make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessa~f or appropriate to carry out the powers herein granted; Iii vote upon any stock, bonds, or other securities; give general or special proxies or powers of attorney with or without power of substitution; exercise any conversion privileges, subscription rights, or other options, and make any payments incider~l thereto; oppose, or consent to, or otherv~se participate in, corporate reorganizations or to other changes affecting corporate and delegate discretionary powers and pay any assessments or charges in connection therewith; and generally exercise any of the powers of an owner with respect to stocks, bands, securities or other property held as part of the Trust Property; enter into contracts or arrangements for goods or services required in connectinn with the operation of the Retirement Trust, including, but not limited to. contracts with custodians and contracts for the provision of administrative services; - 6 - Ik) borrow or raise money for the purposes of the Retirement Trust in such amount, and upon such terms and conditions, as the Trustees shall deem advisable, provided that the aggregate amount of such borrowings shall not exceed 30% of the value of the Trust Property. No person lending money to the Trustees shall be bound to see the application of the money lent ar to inquire into its validity, expediency' or propriety or any.such borrowing; (I) incur reasonable expenses as required for the operation of the Retirement Trust and deduct such expenses from of the Trust Property; im) pay expenses properly allocable to the Trust Property incurred in connection with the Deferred Compensation Plans, Qualified Plans, or the Employer Trusts and deduct such expenses from that portion of the Trust Property ~o which such expenses are properly allocable; (n) pay out of the Trust Property all real and personal property taxes, income taxes* :. ,.~ and other taxes Df any and ell kinds which, in the opinion of the Trustees, ere properly levied, or assessed under existing or future laws upon, or in respect of. the Trust Property and allocate any such taxes to the appropriate accmmts; - (o) adopt, 'amend and repeal the By-laws, provided that such By-laws are at all times consistent with the terms of this Declaration of Trust; (p) employ persons to make available interests in the Retirement Trust to employers eligible to maintain a Deferred Compensation PLan under SecfJon 457 or a Qualified Plan under Section 401 of the Internal Revenue Code; issue the Annual Report of the RetJremerrt Trust, and the disclosure documents and other literature used by the Retirement Trust; ir) in addition to conducting the investment program authorized in Section 4.1 (dl. make loans, including the purchase of debt obligations, provided that all such loans shall bear interest at the current market rate; (si contract for, and delegate any powers granted hereunder to, such off'~ers, agents, employees, auditors and attorneys as the Trustees may select. provided that the TnJstees may not delegate the powers set firm in parag~phs (b}, lc} and {o) of this Section 4.1 and may not delegate any powers if such delegation would violate their fiduciary duties; It) provide for the indemnification of the Officers and Trustees of the Retirement Trust and purchase fiduciary insurance; lu) maintain books and records, including separate' accounts for each Public Employer, Public Employer Trustee or Employer Trust and such additional - 7 - separate accounts as are required under, and consistent with, the Deferred Compensation or Qualified Plan of each Public Employer; and (v) do all such acts. take all such proceedings, and e~ercise all such rights and privileges, although not specifically mentioned herein, as the Trustees may deem necessary or appropriate to administer the Trust Property end 1;o garW out the purposes of the Retirement Trust. Section 4.2 Distnl~ution of 'l'mst Property: Distributions of the Trust property shall be made to, or on behalf of, the Public Employer or Public Employer Trustee, in accordance with the terms of the Deferred. Compensation Plans, Qualified Plans or Employer Trusts. The Trustees of the Retirement Trust shall be fully protected in making payments in accordance with the directions of the Public Employers, Public Employer Trustees or trustees or administrators of any Employer Trust without ascertaining whether such payments are in compliance with the provisions of the applicable Deferred Compensation or Qualified Plan or Employer Trust. Section 4.3 Execution of Insl~uments: The Trustees may unanimously designate any one or more of the Trustees to execute any instrument or document on behalf of all, ihcluding but not limited to the signing or endorsement of any check and the signing of any applications, insurance and other contracts, and the action of such designated Trustee or Trustees shall have the same force and effect as if taken by ail the Trustees. ARTICLE V. DUTY OF CARE AND UABIUTY OF TRUSTEES Section 5.1 Duty of Care: In exercising the powers hereinbefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benetrrts for the Public Employers in connection with non-trusteed Deferred Compensation Plans and for the Public Employer Trustees, and shall perform such acts with the care, skill, prudence and diligence in the circurnsmnces then prevailing that a prudent person acting in a like capacity and familiar with such mm:tots would use in the conduct of an enterprise of a like character and with like aims. Section 5.2 Liability: The Trustees shall not be liable for any mistake of judgment or ether action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement '[rust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Adviser or any sub-investment adviser, accountant, appraiser or other expert or consultant selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of care set forth in Section 5.1. - B - Section 5.3 Bond: No Trustee shall be obligated to give any bond or other security for the performance of any of his or her duties hereunder. ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS The Trustees shall annually submit to the Public Employers and Public Employer Trustees a written report of the transactions of the Retirement Trust, including financial statements which shall be certiorari by independent public accountants chosen by the Trustees. ARTICLE VII. DURATION OR AMENDMENT OF RETIREMENT TRUST Section 7.1 Withdrawal: A Public Employer or Public Employer Trustee may, at any time, withdraw from this Retirement Trust by delivering to the Board of Tru~t~ a ~,;tL~n statement of withdrawal. In such statement, the Public Employer or Public Employer Trustee shall ;cknowledge that the Trust Property allocable to the Public Employer iS derived from compensation deferred by employees of such Public Employer pursuant to its Deferred Compensation Plan or from contributions to the accounts of Employees pursuant to a Qualified Plan, and shall deslgr~ate the financial institution Cb which such property shall be transferred by the Trustees of the Retirement Trust or by the trustee or administrator under an Employer Trust. Section ?.2 DuralJon: The Retirement Trust shall continue until terminat~d by the vot~ Of a majority of the Public Employers, each casting one vote. Upon termination, all of the Trust Property shall be paid out to the Public Employers, Public Employer Trustees or the trustees or administrators of the Employer Trusts, as appropriate. ' Section 7.3 Amendment: The Retirement Trust may be amended by the vote of a msjority of the Public Employers, each casting one vote. Section 7.4 Procedure: A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers if: (i) a majority of the Trustees so direct, or: (ii) a petition requesting a vote signed by not less than 25 percent .of the Public Employers, is submitted to the Trustees. ARTICLE VIII. MISCELLANEOUS Section 8.1 Governing Law.' Except as otherwise required by state or local law, this Decla~tion of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the Distric! of Columbia. Section 8.2 Counterparts: This Declaration may be executed by the Public Employers and Trustees in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #/0.~.- REGULAR MEETING OF AUGUST 17~ 1999 ORDINANCE NO. 28-99 (PARKING REQUIREMENTS FOR MIXED USE PROJECTS) DATE: AUGUST 12, 1999 This is second reading and a public hearing for Ordinance No. 28-99 which amends LDR Section 4.6.9(C), ~Number of Parking Spaces Require~' by modifying the parking requirements for mixed use projects as set forth in the attached memorandum from the Planning and Zoning Department. The Planning and Zoning Board recommends approval of the amendment as does the Parking Management Advisory Board, the CRA Board, Pineapple Grove Main Street and the Downtown Development Authority. At first reading on August 3rd, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 28-99 on Second and Final Reading. Ref:Agmemo14.Ord.28-99.Parking.Mixed Use Projects ORDINANCE NO. 28-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, ~OFF-STREET PARKING REGULATIONS", SUBSECTION C, "NUMBER OF PARKING SPACES REQUIRE~', OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING THE PARKING REQUIREMENTS FOR CERTAIN MIXED USE PROJECTS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on June 21, 1999, and voted 6 to 0 to recommend adoption of the proposed amendments; and WHEREAS, pursuant to Florida Statute 163.3174(4)©, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, ~Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection (C), "Number of Parking Spaces Required", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended as set forth in Exhibit "~' attached hereto and made a part hereof. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective i~ediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of Auqust , 1999. ATTEST: ~ city ~lerk - -; First Reading: August 3, 1999 Second Reading: August 17, 1999 - 2 - Ord. No. 28-99 EXHIBIT "A" PROPOSED LDR AMENDMENT Section 4.6.9 Off-Street Parking Regulations: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (2) Requirements for Residential Uses: . ~; ..... a .... II; ..... ; 4 n :~:cc ' '_'nit (8) Multiple Uses: ~Dl~f;~l ~,~111~ I In;~ f0~ll · rA~ ~ R~_~ 441~1~1 (a) Shared Parking: When a building or combination of buildings on a unified site is used for both residential and commercial purposes, and is located within the CBD, GC or PC zoning district, the minimum total number of required parking spaces shall be determined by the following method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns. Weekday Weekend Use Night Day Evening pay Evening Midnight to 9 A.M. to 6 P.M. to 9 A.M to 6 P.M. to . 6 ,A.M. 4 P.M. Midnight 4 P.M. Midnight Residential 100% 60% 90% 80% 90% Office 5% 100% 10% 10% 5% Commercial/Retail 5% 70% 90% 100% 70% Hotel 80% 80% '100% 80% 100% Restaurant 10% 50% 100% 50% 100% Entertainment/Recreational 10% 40% 100% 80% 100% (theatres, bowlin~ alleys, etc) Other 100% 100% 100% 100% 100% For projects approved using this methodology, any assignment of parking spaces to individual residential or non-residential uses shall require approval of the re.viewing Board. 2 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, P & Z DIRECTOR' ~11\~, ~ n SUBJECT: MEETING OF AUGUST 3, 1999 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PARKING REQUIREMENTS FOR MIXED USE PROJECTS. On July 6th of this year the City Commission considered an LDR amendment reducing residential parking requirements in the Central Business District (CBD). The amendment also contained provisions to modify the parking requirements for mixed use projects (combination of residential and nonresidential uses). However, most of the discussion at the meeting focussed on the residential parking changes and the amendment failed on that issue. Pursuant to direction given at the July 13, 1999 workshop meeting, the mixed-used provisions have been placed into a separate amendment for reconsideration. The LDRs currently contain a provision that allows a reduction in parking requirements for residential uses where commercial uses occupy more than 50% of the building. This is a shared parking arrangement based on the idea that the parking is used primarily by the commercial uses during the day and by the residential uses at night. This provision is flawed in that it does not specify the type of commercial activity, and could allow a commercial nighttime activity that conflicts with residential uses. Staff reviewed the parking provisions for Palm Beach County and seven other Florida municipalities. Three of these municipalities-Jupiter, Clearwater and West Palm Beach--utilize a method of calculating shared parking that is derived from the Urban Land Institute (ULI) publication "Shared Parking". This method is based on the percentage of parking spaces required for individual uses at various times of the day. The numbers for each time period are combined to determine the peak parking requirements. Staff recommends that this method of determining shared parking requirements be incorporated into the City's code for mixed- use residential/commercial projects within the Central Business District, (CBD), General Commercial (GC) and Planned Commercial (PC) zoning districts. As requested at the workshop meeting, staff contacted the planning departments at each of the three municipalities cited above to determine if they have experienced any problems, particularly parking shortages, with the ULI method of calculating parking requirements.. The Town of Jupiter cited several projects where the method had been used successfully. The Clearwater code, which was prepared by an outside consultant, was just adopted in January of this year. Prior to that time, there were no formal provisions for mixed-use shared parking so they determined the requirements on a case- by-case basis. They have not had any new mixed-use projects since adoption of the new code. The City of West Palm Beach has had considerable experience with mixed-use projects downtown and elsewhere, and is not aware of any parking deficiencies resulting from the shared parking regulations. City Commission Meeting August 3, 1999 - Parking Requirements for Mixed Use Projects Page 2 Additional background and an analysis of the request can be found in the attached Planning and Zoning Board staff report. The proposed amendment was reviewed by each of the following groups as a part of the earlier amendment which also dealt with downtown residential parking requirements: The Parking Management Advisory Board reviewed the proposed amendments on May 25, 1999 and recommended approval. The Community Redevelopment Agency Board reviewed the proposed amendments on May 13, 1999 and also recommended approval. Pineapple Grove Main Street reviewed the proposed amendments on June 8, 1999 and had no comments. The Downtown Development Authority Board reviewed the proposed amendments on June 16, 1999 and had no objections. The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of June 21, 1999. Chris Brown, CRA Director, spoke in favor of the proposed amendments. There were no other public comments. After discussion, the Board recommended adoption of the proposed amendments by a vote of 6 to 0. Adopt the amendments to Section 4.6.9(C) Number of Parking Spaces Required as attached, based on findings and conditions as recommended by the Planning and Zoning Board. Attachments: · Proposed Ordinance · Planning &Zoning Staff Report s:~planning & zoning\city commission~nixed use parking requirements.doc pdnted 7/27/99 MEETING OF: JUNE 2'1, '1999 AGENDA ITEM: V.C. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PARKING REQUIREMENTS FOR RESIDENTIAL USES IN THE CBD AND MIXED USE PROJECTS. The item before the Board is that of making a recommendation to the City Commission on amendment of Section 4.4.13(G) Supplemental District Regulations for the Central Business District and Section 4.6.9(C) Number of Parking Spaces Required. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Housing Element of the Comprehensive Plan states as follows: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally- oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active night life. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area. The City needs to re-evaluate current regulations regarding the construction of dwelling units in the central business district, and make whatever changes are necessary to eliminate impediments and provide incentives." Currently, the parking requirements for residential development downtown are the same as in other areas of the city. Staff believes that these requirements are too high for downtown dwelling units, which tend to be occupied less by families than by singles or couples, many of whom prefer a downtown setting in order to be less auto-dependant. The attached LDR amendments include provisions to reduce the parking requirements for residential units in the CBD. Sections of the code dealing with shared parking provisions have also been amended to provide a more comprehensive method of determining the parking requirements for mixed use projects. Planning and Zoning Board Memorandum Staff Report Residential and Shared Parking Requirements Page 2 The LDRs currently contain a provision to reduce the parking requirements for residential uses where commercial uses occupy more than 50% of the building. This is a shared parking arrangement based on the idea that the parking is used primarily by the commercial uses during the day and by the residential uses at night. Staff feels that this provision is flawed in that it does not specify the type of commercial activity, and could allow a commercial nighttime activity that conflicts with residential uses. Staff reviewed the parking provisions for Palm Beach County and seven other Florida municipalities. Three of these municipalities utilize a method of calculating shared parking which is derived from the Urban Land Institute. This method is based on the percentage of parking spaces required for individual uses at various times of the day. The numbers for each time period are combined to determine the peak parking requirements. Staff recommends that this method of determining shared parking requirements be incorporated into the City's code for mixed-use residential/commercial projects within the Central Business District, (CBD), General Commercial (GC) and Planned Commercial (PC) zoning districts. Additionally, since the downtown area operates as a unit with a pool of public parking used by everyone, staff proposes that the parking requirements for residential uses in the CBD be reduced without regard to the mix of uses in each individual building. The reductions under the current 50% commercial provisions were considered but were rejected because they appear to be too great given the fact that some businesses, especially restaurants are open at night when parking would also be needed for residents. Staff recommends that the standard requirements be used, but that no additional guest parking be required in the CBD. The attached "Residential Parking Examples" Table shows the percentage reduction for several development scenarios. Staff also compared Delray's residential parking requirements with that of the other municipalities, the Institute of Transportation Engineers' standard and Rich & Associates' recommendation from the parking study that was just completed for the CBD area east of the Intracoastal Waterway. The comparison shows that Delray's standard requirements are generally higher than in the other municipalities. Although, the recommended ratio is generally lower than the others, it does compare favorably with West Palm Beach's City Center and Clearwater, both of which are specifically intended for downtown areas. Additionally, the recommendation is considerably higher than both the ITE and Rich and Associates standards. The proposed amendments are as follows: AMENDMENT 1: Section 4.4.13 Central Business (CBD) District: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. Planning and Zoning Board Memorandum Staff Report Residential and Shared Parking Requirements Page 3 (1) Parking: (e) Guest parking shall not be required for residential units in multi-family structures and mixed-use buildings. AMENDMENT 2: Section 4.6.9 Off-Street Parking Regulations: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (2) Requirements for Residential Uses: (8) Multiple Uses: Planning and Zoning Board Memorandum Staff Report Residential and Shared Parking Requirements Page 4 ~v! .... r" ....... ~.~ ........................ .............. :;3 ................................. l"r"" ';~ ........ , · t't.',4 A~t_(]~ 4 4 I~1~1 ,., ...... = ..................................... ~ .... ~gr 1,099 (a) Shared Parking: When a buildin~ or combination of buildings on a unified site is used for both residential and commercial purposes, and is located within the CBD, GC or PC zoning district, the minimum total number of required parking spaces shall be determined by the followin~ method: Multiply the required pa~in; spaces for each individual use by the appropriate percent~e listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five ve~ical columns for the table. The minimum total p~rkin~ requirement is the highest sum of the ve~ical columns. Weekday Weekend Us~ Night Day Evening ~ Evenin ~ Midnight ~ 9A.M. ~ 6 P.M. ~ 9 A.M to 6P.M. to 6 A.M. 4 P.M. Midnight 4 P.M. Midnight Residen~al 100% 60% 90% 80% 90% O~ 5% 100% 10% 10% 5% ~mmerdal/Retail 5% 70% 90% 100% 70% Hotel 80% ~% 100% ~0% 100% Res~u~nt ~ 0% 50% 100% 50% 100% Ente~inmen~Re=ea~onal 10% 40% 100% 80% ~ 00% ~theatres, ~wiin~ alleys, etc) Other 100% ~ 00% 100% 100% ~ 00% For projects approved usin~ this methodology, any assignment of parking spaces to individual residential or non-residential uses shall require approval of the reviewin~ Board. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of Section 1.1.6(A), the CiW Commission must make a finding that the text amendment is consistent with and fu~hers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was noted: .Planning and Zoning Board Memorandum Staff Report Residential and Shared Parking Requirements Page 5 Housing Element Policy B-3.4 The City's Planning and Zoning Department will work with the Community Redevelopment Agency to analyze the existing Central Business District regulations to determine if there are significant regulatory impediments to the development of residential units in the downtown, and will process the amendments necessary to eliminate those barriers. This analysis will be conducted in FY 97/98. These amendments will lower the parking requirements for residential uses in the downtown area to a more realistic level. The proposed requirements will eliminate an existing impediment to the development of residential projects while still providing adequate parking for the use. A positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendments were reviewed by the Parking Management Advisory Board on May 25, 1999. The Board recommended approval of the amendments. The proposed amendments were reviewed by the Community Redevelopment Agency on May 13, 1999. The Board recommended approval of the amendments. The proposed amendments were reviewed by Pineapple Grove Mainstreet on June 8, 1999. The Board did not have any comments. The proposed amendments will be reviewed by the Downtown Development Authority on June 16, 1999. The Board had no objections to the proposed amendments. 1. Recommend approval of the proposed amendments. 2. Recommend denial of the proposed amendments, in whole or in part. 3. Continue with direction. Recommend that the City Commission adopt the amendments to Section 4.4.13(G) Supplemental District Regulations for the Central Business Distdct and Section 4.6.9(C) Number of Parking Spaces Required as attached. Attachments: · Table of Residential Parking Examples in Delray Beach · Table of Residential Parking Requirements Comparison in Selected Municipalities · Shared Parking Calculations Table - Example Report Prepared by Ron Hoggard, Senior Planner Shared Parking Calculations Table Example Weekday Weekend Night Day Evening Day Evening Use Required Midnight 9 A.M. 6 P.M. 9 A.M. 6 P.M. Parking 6 A.M. 4 P.M. Midnight 4 P.M. Midnight Residential 200 100% 200 60% 120 90% 180 80% 160 90% 180 Office 67 5% 3.35 100% 67 10% 6.7 10% 6.7 5% 3.35 Commercial/Retail 34 5% 1.7 70% 23.8 90% 30.6 100% 34 70% 23.8 Hotel 80% 80% 100% 80% 100% Restaurant 30 10% 3 50% 15 100% 30 50% 15 100% 30 EntertainmentJRecreational 10% 40% 100% 80% 100% (theatres, bowling alleys, etc) Other 100% 100% 100% 100% 100% TOTALS 33t 209 ~ 226 ~ 248 ~ 216 238 Directions: 1. Calculate the required parking for each use in column two 2. Multiply the required parking by the percentage figures for each time period 3. Add the figures for each time period column 4. The peak parking requirement for the mixed use is the highest column total. Example: The project contains the following uses: · (100) 2-bedroom units x 2 spaces per unit = 200 spaces · 20,000 square feet office x 1 space per 300 sq. ft. = 67 spaces · 10,000 square feet retail x 1 space per 300 sq. ft. = 34 spaces · 5,000 square feet restaurant x 6 spaces per 1,000 square feet = 30 spaces · TOTAL OF PARKING FOR INDIVIDUAL USES = 331 SPACES · TOTAL PEAK PARKING FOR MIXED USE = 248 SPACES TO: DAVID T. HARDEN ~A~"/% IN~R CITY MANAGER FROM PAUL OSRLII~ PRINCIPAL PLANNER SUBJECT: MEETING OF AUGUST 17, t999 ORDINANCE NUMBER 31-99 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 99-2 The City Commission initiated Comprehensive Plan Amendment 99-2 on August 3, 1999. This amendment generally focuses on updating the work program in our Plan; updating the status of various objectives and policies; corrections and general housekeeping; and amendments to the Future Land Use Map. The items included in the Plan Amendment are listed in an attachment to this memo, and are further described in the attached support documents. The Planning and Zoning Board will hold a public hearing regarding the amendment on August 16, 1999. As no information is available as of the writing of this document the outcome of that meeting will be reported to the Commission during the staff presentation. By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 99-2, containing the material in the staff report and attachment. Attachments: g'//? / · Summary of Comp Plan Amendment 99-2 /~~.~? · Proposed Comprehensive Plan Amendment 99-2 S:~adv\comp\992cctran 7o .D. A brief description of the items included in Comp Plan Amendment 99-2 is as follows: Future Land Use Map amendments associated with the Southridge/SW 4th Ave. Redevelopment Plan, including: · RDA-3 (Redevelopment Area #3) to Low Density (+/- 13.95 acres) · RDA-3 Redevelopment Area #3) to Commerce (+/- 7.91 acres) · RDA-3 (Redevelopment Area #3) to Industrial (+/- 26.71 acres) · RDA-3 (Redevelopment Area #3) to Transitional (+/- .05 acres) · MD (Medium Density Residential) to Community Facilities-School (+/- 3.97 acres) Future Land Use Element · Modification of Policy C-2.5 (Southridge/SW 4th Avenue Redevelopment Area): The amendment acknowledges the adoption of the Redevelopment Plan along with the requirement that all future development be consistent with the Plan. · Modification of Policy C-1.4 (North Federal Highway Corridor): The amendment acknowledges the adoption of the Redevelopment Plan along with the requirement that all future development be consistent with the Plan. · Change to Table reference on Page FL 45: The reference to Table L-6 is incorrect and is being changed to Table L-7. Housin_~ Element · Modification of the Residential Neighborhood Categorization Map: This map is being modified in the vicinity of Atlantic Avenue and the Atlantic Ocean to exclude areas which are currently commercial areas and are labeled as Stable Residential Areas. Transportation Element · Modification of Table T-1 (Street Network Classification): Changes include: elimination of items under the heading "Improvement Schedule" which have been accomplished; modification of items under "Improvement Schedule" to reflect current improvement schedules; or removal of references to superseded traffic plans (2015 plans). The revision also includes a change in the ultimate right-of-way width for Atlantic Avenue between Swinton Avenue and NE 5th Avenue to between 60'and 66' and a change in ultimate laneage for Lake Ida Road. The reduction for Atlantic Avenue corresponds with the existing right-of-way widths and building setbacks, while the revised Lake Ida laneage reflects scheduled roadway improvements. Map Series (Introduction, Future Land Use and Transportation Elements) · Modification of maps to delineate the new city boundaries, reflecting the recent annexations west of Military Trail. S:\adv\comp\992cctran2 MEETING OF: August 16, 1999 AGENDA ITEM: V.G. RECOMMENDATION TO THE CITY COMMISSION REGARDING TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 99-2 I The item before the Board is that of recommending to the City Commission transmittal of Comprehensive Plan Amendment 99-2 to the Florida Department of Community Affairs. The City Commission initiated Comprehensive Plan Amendment 99-2 on August 3, 1999. The items, which are included in the Plan Amendment, include five amendments to the Future Land Use Map relating to the Southridge/SW4th Avenue Redevelopment Plan, several text amendments, and modifications to exhibits (maps and tables). Full analysis of each of the following items is contained in the attached Comprehensive Plan amendment: '" Future Land .Use Map amendments including: · City initiated Future Land Use Map amendment for 13.95 +/- acres from RDA-3 (Redevelopment Area #3) to LD (Low Density Residential). · City initiated Future Land Use Map amendment for 7.91 +/- acres from RDA-3 (Redevelopment Area #3) to CMR (Commerce). · City initiated Future Land Use Map amendment for 26.71 +/- acres from RDA-3 (Redevelopment Area #3) to I (Industrial) · City initiated Future Land Use Map amendment for .05 +/- acres from RDA-3 (Redevelopment Area #3) to TRN (Transitional). · City initiated Future Land Use Map amendment for 3.97 +/- acres from MD (Medium Density Residential) to CF-S (Community Facilities- School) Text amendments including: Future Land Use Element · Modification of Future Land Use Element Policy C-2.5 noting the completion of the Southridge/SW 4th Avenue Redevelopment Plan. i~&Z Board staff report Comprehensive Plan Amendment 99-2 Page 2 · Modification of Future Land Use Element Policy C-1.4 noting the completion of the Federal Highway Redevelopment Plan. · Update of the map series within various elements to reflect municipal boundary changes. · Correction of a reference to Table L-6 on page FL-40 (the correct reference is Table L-7). Housin.q Element · Modification of the Residential Neighborhood Categorization Map in the Housing Element to clarify the boundaries between the downtown commercial uses and adjacent stable residential neighborhoods. Transportation Element · Corrections to Table T-1 of the Transportation Element to reflect existing right-of- way widths, and modified or completed improvement schedules. By motion, recommend that the City Commission transmit to the Florida Department of Community Affairs, proposed Comprehensive Plan Amendment 99-2, containing the material in the staff report and attachment. Attachment: · Proposed Comprehensive Plan Amendment 99-2 S:~dv\comp~992PZ1 ORDINANCE NO. 31-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 99-2 PURSUANT TO THE PROVISIONS OF THE ~LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT ~' ENTITLED ~COMPREHENSIVE PLAN AMENDMENT 99-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE; A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the ~Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 99-2"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on August 16, 1999, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 99-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 99-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 99-2 was held by the City Commission on August 17, 1999, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 99-2 was held on , 1999, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled ~Comprehensive Plan Amendment 99-2", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 99-2". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S., or the date a final order is issued by the - 2 - Ord. No. 31-99 Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 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 - 3 - Ord. No. 31-99 TABLE OF CONTENTS CITY OF DELRAY BEACH Page FUTURE LAND USE ELEMENT 3 Policy C-2.5 (Southridge/SW4th Avenue Redevelopment Area) 4 Policy C-1.4 (North Federal Highway Corridor) 6 Table L-6 reference AMENDMENTS TO THE FUTURE LAND USE MAP 8 RDA-3 (Redevelopment Area #3) to Low Density (+/- 13.95 acres) 8 RDA-3 Redevelopment Area #3) to Commerce (+/- 7.91 acres) 8 RDA-3 (Redevelopment Area #3) to Industrial (+/- 26.71 acres) 8 RDA-3 (Redevelopment Area #3) to Transitional (+/- .05 acres) 8 Pine Grove School from Medium Density Residential to Community Facilities- School (+/- 3.97 acres) HOUSING ELEMENT 8 Residential Neighborhood Categorization Map TRANSPORTATION ELEMENT 9 Corrections to Table T-1 (Street Network Classification) 9 INTRODUCTION, FUTURE LAND USE AND TRANSPORTATION ELEMENTS Update of map series within various elements (municipal boundary changes) Page 1 SUPPORT DOCUMENTS Appendix I Southridge/S.W. 4th Avenue Redevelopment Plan 2 North Federal Highway Redevelopment Plan 4 Existing Residential Neighborhood Categorization Map 5 Proposed Residential Neighborhood Categorization Map 6 Proposed Table T-1 (Street Network Classifications) 7 Existing map series 8 Proposed map series FLUM Amendments: 3 $outhridge/S.W.4th Ave. Redevelopment Plan FLUM Amendment staff report Page 2 CITY OF 'DELRAY BEACH FUTURE LAND USE ELEMENT 1) Location: Pg. FL-33, Policy C-2.5, (Redevelopment Areas) Policy C-2.5 The following pertains to the area on both sides of S.W. 4th Avenue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a part of the Woods of Southridge Subdivision. Residential use is most appropriate for the area west of S.W. 4th Avenue. Industrial and office uses are appropriate east of S.W. 4th Avenue. This redevelopment plan shall be prepared in FY 98/99 and shall be adopted through a comprehensive plan amendment. Change: REVISION Policy C-2.5 The following pertains to the area on both sides of S.W. 4th Avenue, north of Linton Boulevard. This area involves warehouses, heavy industrial use, sporadic residential uses, and vacant land. The vacant land was platted as a part of the Woods of Southridge Subdivision. ~,~,.:a,,,,+:.~, .... :,. ,~,,.,~+ ....... ;~+~, f,-,. +1-, .......... + ,-,,~ C~ ~1 /lfh ~w~n, ,~, ira,,--+--'-,, ~,,a ,,m ................. ;~+ .... + ,,+ ~ ~A~ ,~+~, ^ ....... The Southridge/SW 4m Avenue Redevelopment Plan was adopted by City Commission on June 15, 1999. The plan establishes Future Land Use Map designations for the majority of the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Several parcels along Linton Boulevard are to retain their existing Redevelopment Area #3 Future Land Use designation and R-la zoning designation until such time that a development proposal that is consistent with the parameters outlined within the Redevelopment Plan is processed. To the greatest extent possible, these parcels are to be aggregated to accommodate a unified development. Comment: The amendment acknowledges the adoption of the Redevelopment Plan along with the requirement that all future development be consistent with the Plan. See Support Document #1 (Southridge/S.W. 4th Avenue Redevelopment Plan). Page 3 "2) Location' P~-. FL-30, Policy C-1.4 (North Federal Highway corridor) Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The CRA will be the lead agency for the preparation of an Improvement Program for the North Federal Highway Corridor. The City, through its Planning and Zoning Department will provide support and assistance to the CRA in the preparation of the North Federal Highway Corridor Improvement Program. The program will, at a minimum, address the following issues: r3 Improvement of the appearance of the area; i~ Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks; I~ Identification of and strategies for the elimination of inappropriate and marginal uses; r3 Provision for increases in permitted residential densities adjacent to the Intracoastal Waterway; I;i Directing smaller business operations to more concentrated areas; I~1 Providing economic stimulation and investment in the area; Q Creation of jobs; Q Stabilization and preservation of residential neighborhoods through new development, redevelopment and the elimination of blight. The program will be completed in FY 97/98. Page 4 Change: REVISION Policy C-1.4 The following pertains to the North Federal Highway Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west, the easterly boundary of the CRA to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway primarily contain small-scale, strip commercial development. Many parcels in the area contain vacant or dilapidated structures, substandard parking, and substandard landscaping. The area also contains residential areas identified as "Stabilization" and "Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant· Due to those conditions, the North Federal Highway Corridor is hereby identified as a blighted area. The North Federal Highway Redevelopment Plan was approved by City Commission on March 16, 1999. The Plan identified the need for limited rezonings and LDR amendments, along with improvements necessary to accomplish certain redevelopment goals. Future development in the area must be in accordance with the Page 5 Comment: With the adoption of the plan information with respect to what will be included in the Plan can be eliminated. Further, a statement that all future development in the Redevelopment Area is to be consistent with the adopted plan must be added. See Support Document #2 (North Federal Highway Redevelopment Plan). 3) Location: Pg. FL-40 (General text reference under Table L-6) PARAGRAPH AFTER TABLE L-6 The designated land use categories are described in the following material. Table L-6 identifies which zoning districts are consistent with the Future Land Use Map categories (designations). Change: REVISION The designated land use categories are described in the following material. Table L-,~-7 identifies which zoning districts are consistent with the Future Land Use Map categories (designations). Comment: The reference to Table L-6 is incorrect. The correct reference is Table Lo7 located on page FL-45 of the Comprehensive Plan. AMENDMENTS TO THE FUTURE LAND USE MAP Redevelopment Area # 3. Future Land Use Map amendments including: City initiated Future Land Use Map amendment for 13.95 acres from RDA-3 (Redevelopment Area #3) to LD (Low Density Residential). · City initiated Future Land Use Map amendment for 7.91 acres from RDA-3 (Redevelopment Area #3) to CMR (Commerce). · City initiated Future Land Use Map amendment for 26.71 acres from RDA-3 (Redevelopment Area #3) to I (Industrial) · City initiated Future Land Use Map amendment for .05 acres from RDA-3 (Redevelopment Area #3) to TRN (Transitional). · City initiated Future Land Use Map amendment for 3.97 acres from MD (Medium Density Residential) to CF-S (Community Facilities- School) See Support Document # 3 (Southridge/$W 4t~ Avenue Redevelopment Area Future Land Use Map amendment staff report) Page 6 HOUSING ELEMENT 4) Location: Pg. HO-22, Residential Neighborhood categorization See existing map attached as Support Document #4. Change: REVISION See proposed map attached as Support Document #5 Comment: This map is being modified in the vicinity of Atlantic Avenue and the Atlantic Ocean to exclude areas which are currently commercial areas and are labeled as Stable Residential Areas. TRANSPORTATION ELEMENT: 5) Location: Pg. TR-14-18, Table T-1 (Street Network Classification) Change: REVISION (See Support Document #6 for proposed Table T~'I) Comment: Changes include: elimination of items under the heading "improvement schedule" which have been accomplished; modification of items under "improvement schedule" to reflect current improvement schedules; or removal of references to superseded traffic plans (2015 plans). The revisions also includes a change in the ultimate right-of-way width for Atlantic Avenue between Swinton Avenue and NE 5th Avenue to between 60'and 66' and a change in ultimate laneage for Lake Ida Road. The reduction for Atlantic Avenue corresponds with the existing right-of-way widths and building setbacks, while the revised Lake Ida laneage reflects scheduled roadway improvements. INTRODUCTION, FUTURE LAND USE AND TRANSPORTATION ELEMENTS 6) Location: Map # 1 IN-4 Map # 3 FL-10 Map # 4 FL-46 Map # 6 FL-49 Map # 7 FL-SO Map # 8 FL-51 Map # 9 FL-S2 Page 7 Map #10 FL-53 Map #12 TR-'I 3 Map #13 TR-22 Map #14 TR-24 Map #15 TR-25 Map #16 TR-26 Map #17 TR-30 Map #18 TR-31 Map #19 TR-32 Map #20 TR-34 Map #21 TR-35 (See Support. Document #7 for existing map series) Change: REVISION (See Suppod Documents #8 for proposed map series) Commettf,: Modifications to maps are to delineate the new city boundaries reflecting the recent annexations west of Military Trail. S: ~a d v~,om p~.992 pz2. Page 8 SUPPORT DOCUMENT #1 COMPREHENSIVE PLAN AMENDMENT 99-2 SOUTHRIE}GE/SW 4TM AVENUE REDEVELOPMENT PLAN NOTE: The Planning and Zoning Board reviewed the Southridge/SW 4th Avenue Redevelopment Plan on May 17, 1999, and recommended approval. The plan was adopted by the City Commission on June 15, 1999. A copy of the plan will be transmitted to the state Department of Community Affairs as back-up for this amendment. However, due to its volume, it is not being inclbded in the packet for the Planning and Zoning Board and City Commission meetings. If a copy of the plan is desired, please contact the Planning Department. SUPPORT DOCUMENT #2 COMPREHENSIVE PLAN AMENDMENT 99-2 NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN NOTE: The Planning and Zoning Board reviewed the North Federal Highway Redevelopment Plan on February 22, 1999, and recommended approval. The plan was adopted by the City Commission on March 16, 1999. A copy of the plan will be transmitted to the state Department of Community Affairs as back-up for this amendment. However, due to its volume, it is not being included in the packet for the Planning and Zoning Board and City Commission meetings. If a copy of the plan is desired, please contact the Planning Department. SUPPORT DOCUMENT #3 COMPREHENSIVE PLAN AMENDMENT 99-2 SOUTHRIDGEISW4TM AVENUE FUTURE LAND USE AMENDMENT STAFF REPORT i PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 16, 1999 AGENDA ITEMS: ¥.G. ITEM: Future Land Use Map Amendments from: 1. RDA-3 (Redevelopment Area #3) to LD (Low Density, 0-5 du/ac), 2. RDA-3 to CMR (Commerce), 3. RDA-3 to I (Industrial), 4. RDA-3 to TRN (Transitional) and 5. MD (Medium Density, 5-12 du/ac) to CF-S (Community Facilities-School) Generally Located Between the F.E.C. Railroad and S.W. 8th Avenue, Between S.W. 10th Street and Linton Boulevard. GENERAL DATA: Owner .............................................. Various Applicant .......................................... David T. Harden, City Manager Location ........................................... Generally Located Between the F.E.C. Railroad and S.W. 8th Avenue, Between S.W. 10th Street and Linton Boulevard Property Size ................................... Approximately 56.83 Acres F.L.U.M. Designation ....................... RDA-3 (Redevelopment Area #3) and MD (Medium Density, 5-12 du/ac) Proposed F.L.U.M. Designation ...... LD (Low Density, 0-5 du/ac), C (Commerce), I (industrial), TRN (Transitional) and CF-S (Community Facilities-School) Current Zoning ................................. R-1-A (Single Family Residential), MIC (Mixed Industrial & Commercial), I (Industrial), POD (Professional Office District) and CF (Community Facilities) Adjacent Zoning ..................... North: RM (Medium Density Residential), R-l-A, & CF East: SAD (Special Activities District), GC (General Commercial), PC (Planned Commercial), CF, R-1-A and RM South: AC (Automotive Commercial), GC, PC, R-1-A and RM West: R-l-A, RM and CF Existing Land Use ........................... Redevelopment Area #3 (SouthrJdge Neighborhood) Proposed Land Use ......................... Future Land Use Map Amendments related to the implementation of the Southridge/S.W. 4th Avenue Redevelopment Plan. V.G. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation on City initiated Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to LD (Low Density Residential, 0-5 du/ac), CMR (Commerce), I (Industrial), and TRN (Transitional), and from MD (Medium Density Residential) to CF-S (Community Facilities-School) for properties associated with the Southridge/SW 4th Avenue Redevelopment Plan (Redevelopment Area #3). The subject propertiesaresthgenerally located north of Linton Boulevard, south of S.W. 10th Street, east of S.W. Avenue, and west of Old Dixie Highway. BACKGROUND Redevelopment Area #3, consists of Block 3, a portion of Block 4, and Blocks 5, 7, and 10 of the Southridge Subdivision (platted in 1926); Blocks C and D of the Ridgewood Heights Subdivision (platted in 1926); the Friedes Plat (platted in 1984, now One Linton Boulevard); Procacci Office Center Plat (platted in 1986, now INRC Office Building); and several unplatted lots. The Southridge and Ridgewood Heights Subdivisions were platted while under Palm Beach County's jurisdiction. The properties within this redevelopment area were voluntarily annexed into the City between 1970 and 1988. The Redevelopment Plan for the area was approved by the City Commission on June 15, 1999. In addition to the properties designated as Redevelopment Area #3 on the Future Land Use Map (FLUM), the Plan addressed the northern portion of the Ridgewood Heights subdivision (Blocks A and B). The Plan recommended FLUM changes for both areas, which are being processed as part of Comprehensive Plan Amendment 99-2. The proposal involves assigning new Future Land Use Map designations to properties currently classified as Redevelopment Area #3 and MD (Medium Density Residential), in accordance with the Redevelopment Plan recently approved by the City Commission. The proposed FLUM designations are as follows: LD (LOW DENSITY RESIDENTIAL) 13.95 CMR (COMMERCE) 7.91 I (INDUSTRIAL) 26.71 TRN ('rRANSITIONAL) 0.5 CF-S (COMMUNITY FACILITIES-SCHOOLS) 3.97 TOTAL: 53.04 P & Z Staff Report Redevelopment Area #3 (Southridge Area) - FLUM Amendments Page 2 In order to implement provisions of the redevelopment plan the Redevelopment Area #3 Future Land Use Map classification must be eliminated and new Future Land Use Map classifications assigned as described above and in the attached map. Pursuant to the plan, the northwest corner of S.W. 4th Avenue and Linton Boulevard, which contains approximately 8.16 vacant acres of land, is not included in this amendment. Those properties will retain the Redevelopment Area #3 designation until a future, privately initiated development proposal that is consistent with the provisions of the plan is submitted. In addition, there is an area on the west side of the Southridge subdivision, north of Douglass Avenue, that is part of the Groves of Delray multi-family residential project. This area has a RDA-3 land use designation, which is an error. Unfortunately the mistake was not identified in time to include its correction in the advertisement and notification for Comprehensive Plan Amendment 99-2. It Will be brought before the P & Z Board separately as a small-scale amendment in October, and adopted in November in conjunction with the rest of the amendments contained within 99-2. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed LD (Low Density Residential), TRN (Transitional), I (Industrial), and CF- S (Community Facilities-Schools) Future Land Use Map designations are consistent with the zoning classifications that are currently on the properties, including R-1-A (Single Family Residential), POD (Professional Office District), I (Industrial), and CF (Community Facilities). The Commerce designation is consistent with the existing MIC (Mixed Industrial and Commercial) zoning that currently applies to the Security Self Storage facility at the northeast corner of SW 4th Avenue and Linton Boulevard. However, the northernmost portion of that facility is incorrectly zoned I (Industrial). Self-storage facilities are not permitted in the Industrial zoning district. This error has existed on the zoning map for many years. With the change in land use designation, the zoning will be also be changed to MIC, which allows the existing use. The corrective rezoning will be before the Board in October, and will be adopted concurrent with this FLUM amendment. Many of the properties within the Redevelopment Area are already developed with uses that are consistent with the applicable zoning designations. Based upon the above, a positive finding can be made that the zoning designations and uses are consistent with the proposed FLUM designations. P & Z Staff Report Redevelopment Area #3 (Southridge Area) - FLUM Amendments Page 3 ,- Adjacent Land Use Desi,qnafions, Zoninq Desi.qnations & Land Uses: The Southridge/SW 4th Avenue study area is surrounded by a mixture of residential (single and multi-family), commercial (Plaza at Delray, Linton International Plaza, Costco, restaurants), and public facilities (Fire Station #3, Pine Grove Elementary School) uses. The adjacent zoning districts are as follows: North: Rol-A (Single Family Residential), CF (Community Facilities) East: SAD (Special Activities District), GC (General Commercial), PC (Planned Commercial) i South: RM (Multiple Family Residential), GC (General Commercial), AC (Automotive Commercial), PC (Planned .Commercial), SAD (Special Activities District) Wes......f.l..~:.. R.t.~.~.~.......;.1-A (Singl_...~.~._~.../.~.e..F'amily Re..~.~.~.~...~.~....~.s.i...d..,e....n. tial).~.~.~.~.,..~M (Multip.~.~.~...~.~...~.!~.~amily Resi.~.~..~...~...~.~en.~.~.~.t. ia.~.l.)' ......... Allowable Land Uses: The current R-l-A, MIC, POD, I, and CF zoning designations allow for single family, commercial, office, industrial, and public and semi-public uses. The proposed FLUM designations are consistent with the current zoning classifications as well as existing and proposed uses. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Future Land Use Element Policy A-~.7: Amendments to the Future Land Use ~p (FLUM) must be based upon the following findings: ~ Demonstrated Need -That there is a need for the requested land use. The r~eed must be based upon circumstances such as shifts in demographic tre~ds, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The basis for the FLUM change is a change in circumstances, that is, the adoption of the Redevelopment Plan for the Southridge/SW 4th Avenue area. The data and analysis supporting the new designations are contained within that adopted plan. P & Z Staff Report Redevelopment Area #3~ (Southridge Area) - FLUM Amendments Page 4 .- ~- ~ Consistency--The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan, The following are applicable objectives of the Comprehensive Plan. Future Land Use Element Objective A-I: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The requested FLUM designations are the most appropriate for the properties based upon existing uses and the character of the surrounding areas. The Low Density Residential FLUM will support the development of new moderately priced sin[lie family housing, and the Industrial, Transitional, a'nd Commerce designations will help to sustain the City's employment base. The Community Facilities/School designation is being applied to a park that is used jointly by Pine Grove Elementary school and City residents. A finding can therefore be made that the FLUM changes will fulfill remaining land use needs. Future Land Use Element Policy A-'I.3: The commerce land use designation, which involves a mix of light industrial, commercial uses, and research and development, is the most needed land use during the City's final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. The amendment includes the addition of approximately eight (8) acres of Commerce designated land, which is consistent with this policy. Future Land Use Element Policy A-1.5: As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, new residential developments shall be designed for a balanced demographic mix of permanent year-round residents. The Low Density Residential FLUM designation is intended for single family development, which is typically occupied by year-round residents. There are a number of vacant lots within the Southridge and Ridgewood Heights subdivisions which have not been eligible for development due to the Redevelopment Area FLUM designation and the lack of paved access. With the adoption of the Redevelopment Plan, the infrastructure improvements will be programmed into the Capital Improvement Plan and the lots will become buildable. It is necessary to apply the Low Density Residential land use designation to support the future development of housing in this area. P & Z Staff Report Redevelopment Area #3 (Southridge Area) - FLUM Amendments Page 5 .Housing Element Objective A-7: For those areas identified as needing "redevelopment" on the Residential Categorization Map, the City shall identify appropriate measures to accomplish the redevelopment of the area. The Redevelopment Plan for the area calls for the assignment of the Low Density Residential land use designation for the Southridge and Ridgewood Heights subdivisions and the installation of necessary infrastructure in order to accomplish redevelopment of these older subdivisions. The recommended land use changes are being processed in this amendment. Concurrency -- The requested designation will be compatible with existing and future land uses of the surrounding area. Pursuant to LDR Section 3.1.1(B), facilities which are provided by, or thr. ough, 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. The FLUM designations that are being assigned in this amendment reflect the actual pattern of development and existing uses that are on the properties. There will be no impact on levels of service or any detriment to the capacity of any existing facilities. The primary concern in the residential subdivisions is the existing, substandard, access. Currently the roads are unpaved. The Redevelopment Plan calls for their improvement to be programmed in the City's capital plan. The following paragraphs describe the status of other services in the area. -" Water:. According to the City's Water Atlas, 6" water mains are located on both sides of S.W. 4th Avenue, and water mains are located within all platted streets in the Ridgewood Heights and Southridge Subdivisions, except for the unimproved portion of Douglass Avenue within Block 5 of the Southridge Subdivision. An 8" main is located on the north side of Linton Boulevard, just east of S.W. 4th Avenue, and a 10" main is located on the south side of Linton Boulevard west of the S.W. 4th Avenue. Fire Suppression: Currently, there are two fire hydrants on Southridge Road and two hydrants on Zeder Avenue. A fire hydrant is located on S.W. 6th and S.W. 7th Avenues, each approximately 50' south of S.Wo 11th Street. Under current regulations, fire hydrant spacing for single family residences shall be at a minimum of 500'. Currently, no fire hydrants exist on Douglass Avenue. Additional hydrants will be required to service any new development, particularly on Douglass Avenue. Sewer: The City's Sewer Atlas indicates a 10" sewer main and 6" force main located within a portion of S.W. 4th Avenue, lift stations on the Linton Truss and INRC building sites, and 8"-10" sewer mains are located within all platted streets within the Ridgewood Heights and Southridge Subdivisions, except for the P & Z Staff Report Redevelopment Area #3 (Southridge Area) - FLUM Amendments Page 6 unimproved portion of Douglass Avenue within Block 5 of Southridge. No sewer lines exist within Linton Boulevard, and any proposed development of the vacant parcels along Linton Boulevard would require installation of service. Drainage: According to the City's drainage facilities map, a retention area (approximately .05 acre) is located between Sterling Avenue and Southridge Road. Elsewhere, drainage appears to be handled on site. Drainage improvements must be accommodated at the time of development of the vacant residential acreage as well as the paving of the roads within the Southridge and Ridgewood Heights subdivision. Traffic: The proposed FLUM designations, which will allow for single family residential, commercial, office, and industrial development, will not result in a significant increase in the amount of traffic that will be generated. The business and industrial uses on the east side of S.W. 4th Avenue have been in existence for some time and have expanded or upgraded from time to time in accordance with the applicable zoning districts. The properties within the Southridge subdivision were platted with the intent of constructing single family homes. Individual development proposals will be evaluated for traffic concurrency as part of the normal review process. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Capacity is available at the City's existing parks to handle the needs of the future residents of the Southridge and Ridgewood Heights subdivisions. In addition, the Redevelopment Plan calls for the establishment of a neighborhood park at the intersection of Douglass and Southridge Roads. Any new residential development will be required to pay a recreation impact fee (currently $500 per unit) prior to receiving a building permit. Solid Waste: The change in FLUM designations will not impact this level of service, as the existing pattern of development will remain unchanged. The construction of new homes on the single family lots will result in an increase in solid waste generation, however, these subdivisions have been platted since 1926 and their eventual development has long been anticipated. Adequate capacity exists at the County landfill to accommodate the increase. I~ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. There is no specific development proposal associated with these FLUM changes, rather, they are being processed to implement the Redevelopment Plan for the area. Future development of properties located within the area will have to comply with provisions of the Redevelopment Plan, the FLUM designations, and the Land Development Regulations. P & Z Staff Report Redevelopment Area #3 (Southridge Area) - FLUM Amendments Page 7 Compatibility -- The requested designations will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM designations are consistent with uses that already exist on properties located east of SW 4th Avenue, and with the INRC office building at the northwest corner of Linton and SVV 4% The area proposed for designation as CF- S includes a joint City/school park facility. The properties within the Southridge and Ridgewood Heights subdivisions will retain their R-1-A (Single Family Residential) zoning, which should encourage stabilization of nearby residential areas zoned R-1-A and RM (Multiple Family Residential) to the north and west. REVIEW, ,BY OTHERS, I The subject property is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), HPB (Historic Preservation Board) or DDA (Downtown Development Authority). Nei_clhborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: Southridge Neighborhood Association Woods of Southridge Neighborhood Association Ridgewood Heights (La Paloma) Neighborhood Association Letters of objection or support, if any, will be presented at the P & Z Board meeting. I'::,__ : ASSESSMEN T~ AND CONC;LUSION: i The proposed amendments are being processed in order to implement recommendations contained within the adopted Redevelopment Plan for the Southridge/SW 4th Avenue area. The amendments will apply the most suitable FLUM designations to ensure that the future development of the area is compatible with existing and surrounding uses, and will help to fulfill remaining land use needs. A. Continue with direction. B. Recommend approval of the Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to LD (Low Density Residential), TRN (Transitional), CMR (Commerce), and I (Industrial), and from MD (Medium Density Residential) to CF-S (Community Facilities-S) based upon positive P & Z Staff Report Redevelopment Area #3 (Southridge Area) - FLUM Amendments Page 8 ~ ~ ~ findings with respect to LDR Section 3.1.1, and the Goals, Objectives, and Policies of the Comprehensive Plan; and based upon the provisions of the adopted Redevelopment Plan for the Southridge/SVV 4th Avenue area. C. Recommend denial of the Future Land Use Map Amendment from RDA-3 (Redevelopment Area #3) to LD (Low Density Residential), TRN (Transitional), CMR (Commerce), and I (Industrial), and from MD (Medium Density Residential) to CF-S (Community Facilities-Schools) based upon a failure to make positive findings with respect to LDR Section 3.1.1, the Goals, Objectives, and Policies of the Comprehensive Plan. I .ECOMMEND,,^.T.ON · I Recommend approval of the Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to LD (Low Density Residential), TRN (Transitional), CMR (Commerce), and I (Industrial), and from MD (Medium Density Residential) to CF-S (Community Facilities-S), based upon positive findings with respect to LDR Section 3.1.1, and the Goals, Objectives, and Policies of the Comprehensive Plan; and based upon the provisions of the adopted Redevelopment Plan for the Southridge/SW 4th Avenue area. Attachments: [3 Legal Descriptions r3 Existing Future Land Use Map ~ Proposed Future Land Use Map Amendments ~ Existing Zoning Map s:~planningandzoning\documents~reports~srdgflum.doc EXHIBIT "A" LEGAL DESCRIPTION AREA 1 Lots 1 thru 6, inclusive and Lots 19 thru 24 inclusive, Block "C", and Lots 1 thru 6 inclusive and Lots 19 thru 24 inclusive, Block "DM, Ridgewood Heights as recorded in Plat Book 14, Page 44 of the Public Records of Palm Beach County, Flodda. Together With Lots 1 thru 21 inclusive, Block 5, Southddge, Plat 2, as recorded in Plat Book 13, Pages 38 and 39 of the Public records of Palm Beach County, Florida. Together With Lots 2 thru 20 inclusive, and the East % of abandoned Central Avenue adjacent to Lots 12 and 13, and the Parcel labeled "Point Park, Block 7, Plat of Southridge, Plat 2, as recorded in Plat Book 13, Pages 38 and 39 of the Public records of Palm Beach County, Florida Together With Lots I thru 33 inclusive, and the East % of abandoned Central Avenue adjacent to Lots 18 and 19, Block 10, Plat of Southddge, Plat 2, as recorded in Plat Book 13, Pages 38 and 39 of the Public records of Palm Beach County, Florida AREA 2 Lots 1 thru 4, inclusive and Lot 5 (less the West 14.78 feet), Block 4, Plat of Southridge, Plat 2, as recorded in Plat Book 13, Pages 38 and 39. Together With The West ~ of Tract 16 (Less N 196.92 feet of the West 417.26 feet and South 53 feet Germantown r/w) Plat of Subdivision of Section 20'as recorded in Plat Book 1, Page 4, of f. he Public Records of Palm Beach County, Florida. AREA 3 East % of tract 15 lying West of FEC Railroad (Less the westerly 200 feet) Plat of Subdivision of 20 -46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And South 150 feet of the East 265.40 feet of the West 290.40 feet of Lot 15, Plat of Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And South 196 feet of North 400.63 feet of Westerly 665.84 feet of Lot 15 (less West 20 feet road r/w) Plat of Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And Westerly 110.14 feet of East % of Tract 15, Plat of Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; -1- And South 250 feet of East 642.39 feet of West 667.39 feet (Less S 150 feet of West 265.4 feet) of Lot 15, Plat of Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And Northerly 211.73 feet of Westerly 666.27 feet of Lot 15 (less West 25 feet road r/w), Plat of Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And E 89.86 feet of West 200 feet of East % of Tract 15, Plat of Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And East ~ of tract 16 lying West of and adjacent to FEC RY r/w (less N 209.92 feet of West 200 feet and South 53 feet Linton Blvd r/w & Plat Book 48 Page 12) Plat of Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And East 417.26 feet of W 442.52 feet of N 196.92 feet of West % of Lot 16, Plat of Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And Northerly 209.92 feet of West 200 feet of E % of Tract 16, Subdivision of 20-46-43 as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; And Lots 1 thru 7 inclusive, Block 3, Plat of Southridge, Plat 2, as recorded in Plat Book 13, Pages 38 and 39. And Lots 6 thru 10 inclusive, and the West 14.78 feet of Lot 5, Block 4, Plat of Southridge, Plat 2, as recorded in Plat Book 13, Pages 38 and 39. And All of Friedes Plat No I as recorded in Plat Book 48, Page 12 of the Public records of Palm Beach County, Florida. AREA 4 All of the Plat of Procacci Office Center, as recorded in Plat Book 54 Page 30 of the Public Records of Palm Beach County, Florida AREA 5 Lots 1 thru 31 inclusive, Block '%", Ridgewood Heights as recorded in Plat Book 14, Page 44 of the Public Records of Palm Beach County, Florida and the West half of abandoned SW 6th Avenue lying East of and adjacent to Lots 1, 22 thru 31 and 12ff abandoned alleys lying within Block "A". -2- MEMORIAL S.w. 9TH GARDENS OS S.W. 10TH STREET PINE GROVE ELEMENTARY SCHOOL -- LD CF-S -- AVE, REI~LE AVENUE FALL RIDGE MD OF DELRA Y S~RLtNC AVENUE CENTRAl THE GROVES SOUT~R~DCE RO~D ST. ELLA ST. LINTON GC RIDGE CONDO THE PLAZA AT CF OELRAY SOUTHRIDGE VILLAGE CONDO LINT BOULEVARD LAV[R'S PARK LAKEVIEW A P~R ~E~ ~ /ND ~ SOUTHRIDGE/S.W. 4TH AVENUE AREA REDEVELOPMENT PLAN CITY OF DELRAY BEACH. FL - EXISTING FUTURE LAND USE MAP - PLANNIN(~ & ZONING DFPAR~ldlENT -- I~/GITAZ I~E MAP SY~Z'~M -- MAP REF: Lid366 , ~ M~MORIAL 5.w. 9TH ~ ~ S.W. 10TH STREET S.[. lOTH PINE GRO~ ELEMEN TAR Y SCHOOL ~LSON A~. S.W. ~ ~ t, REIGL[ FALL RIDGg ~DELRAY[J S~RL,N~ ~NUE; ~ ] THE GRO~S SOU~HmO~ ROAD COLLINS A~NU[ BESSIE Sl. ELLA ST. LINTON RIDGE CONDO THE PLAZA Z£DER AVE, BENJAM(N AVE1 AT [ ~: ! ,. DELRA Y SOU THRIDGE CONDO I ~SOUTHRIDGE ,~ '~:, J ICONDO lC : L I N TO N BOULEVARD LINTON r-- ~, I INTERNATIONAL PLAZA 1'<[ I I ~ , ~ I "OYAL SUN BANK7),. /----~ ~' :~ KIN ~ANSFER ~ N I FUTURE USE MAP AMENDMENTS ~ ~ ~ From: Redevelopment Area ~3 ~ From: ReOevelopment Area ~3 To: Low Density Residential To: Commerce Ct~ OF DELRAY BEACH. FL ~ From: Redevelopment Area ~3 ~ From: Redevelopment Area ~3 ~ From: Medium Density Residential PLANNING ~ ZON)N~ D[PARTM[N3 TO: Industrial To: Tronsltionol To: Community Focilities-Schoo OSR s.w. ~, ST. DELRA Y BEA CH CEME TER Y S.w. 9 TH CT. S.W. lOTH STREET CF II EL EMEN TAR Y SCHOOL CF ~LSON $.w. II11~ St. RF'IGLE AVENUE FALL RIDGE RM OF DELRA Y S'T[RLING AVENUE THE AVENUE GR 0 YES SOUTHRIDG[ ROAD GULF STREAM sT. COMMERCIAL CENTRE · LINTON TRUSS C ELLA ST. LINTON RIDGE COUNTY S ANI TA 'Tt ON THE PLAZA AT DELRA Y I. tN TON LINTON IINTERNATIONAL PLAZA SUN BANK COSTCO PC DELRAYINDUS~IAL LAKE~EW S PARK APARTMENTS I AC SUPPORT DOCUMENT ~ COMPREHENSIVE PLAN AMENDMENT 99-2 EXISTING RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP sg'B LAKE IDA ROAD STB RVZ STB N.W. STB I S']'B RHB STBLZ LOWSON BOULEVARD LINTON BOULEVARD L-.~ CANAL 0--~5 CANAL /~ RE$1DENTIA L NEISHBORHO OD CA TEL~ORIZA TION 411AP I ""~ I MAP #22 GRAPHIC SCALE LEGEND: STB - ST~LE RHB - REH~ILITATION -' P~N~NO a ZON~NO oEp~E~ STB~ - ST~IU~TION RDV - RED~ELOPMENT AUGU~ lgg7 R~ -- R~ITAU~TION HO - 22 SUPPORT DOCUMENT #5 COMPREHENSIVE PLAN AMENDMENT 99-2 PROPOSED RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP _-3D CANAL LAKE IDA ROAD STB N.W. s'rB STB RHB STBLZ LOWSON BOULEVARD STB STB LINTON BOULEVARD STB STB STB /~ RESIDENTIAL NEIGHBORHOOD £ATESORIZATION MAP GRAPHIC SCALE: LEGEND: STB - STABLE RHB - REHABILITATION CI~ OF DE~Y B~H. ~RIDA ~NIN$ a ZoN~ DEPONENT S~ - STABILI~TION RDV - RED~ELOPMENT ~ust l~e~ R~ - R~TALtZATION SUPPORT DOCUMENT #6 COMPREHENSIVE PLAN AMENDMENT 99-2 PROPOSED TABLE T-1 (STREET NETWORK CLASSIFICATION) SUPPORT DOCUMENT #7 COM~PREHENSIVE PLAN AMENDMENT 99-2 EXISTING MAP SERIES NOTE: The full map series will be forwarded to the state Department of Community Affairs. For the purposes of the board packets, we have included only the Planning Area map, which shows the changes in City boundaries west of Military Trail, south of Atlantic Avenue. ,_._,.._._..._.___._.._.__..____._..___._.~. ~I~ ~" ~. ~,!!'::;::~,%~'~ ~ ~ =< I",",~,,,,,',!~,'~:,"~-.- ' ' ~ ~1~...-:-"-:':':'-'-:'- :'"~,, ': ?~'BL,:.. ! ' ,E~ ~,~,,,.,,.~.,... ~,. - . . .... . ,. , ' ~ ~'~; I ...................... ~ ~- ~,.,. ~ ~ ..... ~ ..... ., *~ .. 1. ' ~', ,~, '11 ' ~ ]~ I~ ~... i ~ ' ~ I ,., ~! - - ~-'-~1~ TM ~U) Ij ~1 HIGHLAND BOCA RA TON ~ PLANNIN~ AREA ~AP ~ 1 G~PHIC EECEND: (ULTI~TE CI~ BOUNDAR~ cr~ OF DEL~Y B~CH, FLORIDA P~NNtNG ~ ZONING D~PARTMENT TOWN OF GU~ ~M ~ TOWN OF HIGH'ND AUGUST 1997 (WATER SE~ICE) [S~ER ~ FIRE FL-2 SUPPORT DOCUMENT #8 COMPREHENSIVE PLAN AMENDMENT 99-2 PROPOSED MAP SERIES NOTE: The full map series will be forwarded to the state Department of Community Affairs. For the purposes of the board packets, we have included only the Planning Area map, which shows the changes in City boundaries west of Military Trail, south of Atlantic Avenue. · ~ , TOWN OF CITY OF' ~OYN TON ~EACH BUSH LAKE IDA ROAD ATLANTIC ~ $.W. ] . LOWSDN BOULEVARD LINTON BOULEVARD BOULEVARD , TOWN OF HIGHLAND mmmmmmmmmmmmm mm _-3B gA~A_ 3-'5 SA~AL ~ ~EACH PALM ~EACH COUNTY CITY OF BOCA RA TON PLANNIN6 AREA MAP # I GRAPHIC SCALE C~ OF ~Y B~H, ~RIDA (UL~ Cl~ BOUN~) P~NmNO * Z~mNG D~ENT TO~ OF OU~ ~ ~ TO~ OF Hi~D B~H~ COU~ ~URSSDIC~~ AUGUST 1999 (WA~ SE~C~ (S~ER ~ ~RE SE~C~ I II I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (~CITY I~NAGER SUBJECT: AGENDA ITEM #]~- REGULAR MEETING OF AUGUST 17~ 1999 ORDINANCE NO. 32-99 (POLICE & FIRE DROP PLAN) DATE: AUGUST 13, 1999 It has been brought to my attention that the Police and Firefighters Pension Board did not initiate the action set out in Ordinance No. 32-99 nor has the board reviewed the proposal, its impacts, etc. In view of this, I am recommending that the City Commission take no action with respect to Ordinance No. 32-99 until the Police and Fire Pension Board has had the opportunity to review same. Ref :Agmemol3. Ord. No. 32-99. DROP RECEIVED I 1999 To: David T. Harden, City Manager CITY MANAGER From: Joseph M. S~~nce Director Date: August 13, 1999 Subject: Actuarial Cost of the I.A.F.F. Request (DROP Plan Retirees) As you know, the International Association of Firefighters is attempting to have the present pension plan revisions, in particular the 3% multiplier for years of service, apply to persons currently in the DROP Plan and thus have retired from the City for pension plan purposes. The extensive changes being made in the pension plan for Police and Fire have reduced the balance in the "Unrecognized Gains" account by $8,590,691 leaving a balance of $3,293,696. These changes would have an impact on all current 255 active plan participants and all 50 retirees prior to 1993 would receive a retirement benefit enhancement. The actuarial cost of this additional benefit change would further reduce the "Unrecognized Gains" balance by $986,097 leaving a revised balance of $2,307,599. This change would impact only 14 active employees who have retired from the City using the DROP Plan. Please contact this office if any further information is required. GABRIEL, RO ;DER, SMITH 8, COMPAI~¥ 301 E~s! Las ~ Bk, d. · Suite 200 · Ft. Lauderdale. FL 33301 · 954-527-1615 · FAX 954-525-0083 July 3(', 1999 Mr. Bil'= Adams, Secretary Delray Beach Police and Firefighters Pen~ ion Board 609 H,: ,mewood Boulevard Deira¥ Beach, Florida 33445 Dear [! ill: We h;~ ye determined the cost impact of allowing those in the DROP to be subject to the proposed 3% m~ ~ltiplier. In preparing these calculations, we did not include the six DROP participants who have I.~ft the DROP since October 1, 1998. The remaining 14 DROP participants have been includ,: If all 'i 4 were granted the 3% multiplier, the present value of their benefits would increase by $986/. ~7 which in turn would raise the required annual contribution by $93,590. Pleas,~. contact us if you have any questions. J. Ste )hen Palmquist JSP/c' CITY ~,TTOR~EY'S OF:FICE ~oo ~,~ ~, ^v~,~. ~,~,^¥ ~^~., ~o.~^ ~. TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 F t O R I D A Ali. America City DATE: August 11, 1999 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Ordinance No. 32-99 (Police and Fire Drop Plan) At the Commission meeting of August 3, 1999, the Commission discussed the issue of whether current members of the DROP plan should be eligible for the 3 % multiplier. Our office has drafted Ordinance No. 32-99 which provides for inclusion of current DROP plan members. By copy of this memorandum to David Harden, City Manager, our office requests that this ordinance be placed on the City Commission agenda of August 17, 1999 for first reading. Please call if you have any questions. Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk James W. Linn, Esq. ORDINANCE NO. 32-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE THAT CURRENT EMPLOYEES WHO ARE ENROLLED IN THE DEFERRED RETIREMENT OPTION PLAN AS OF THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE ENTITILED TO THE 3% MULTIPLIER STARTING WITH THOSE MONTHLY RETIREMENT PAYMENTS ISSUED AFTER OCTOBER 1, 1999; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to allow employees who are currently enrolled in the Deferred Retirement Option Plan, ("DROP plan") to be entitled to the 3 % multiplier. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.62, "Benefit Amounts and Eligibility", Paragraph F, "Application of section", to read as follows: Section 33.62 BENEFIT AMOUNTS AND ELIGIBILITY. (F) Application of section. The provisions set forth herein shall be applicable to all current and future members of the plan, except those members who retired, entered the DROP plan, or terminated employment prior to the effective date of this ordinance. Members who retired, entered the DROP plan, or terminated employment prior to the effective date of this ordinance shall receive benefits in accordance with the plan provisions in effect on the date of their retirement, entry into the DROP plan, or termination, whichever is earliest. However~ a member of the plan who is enrolled in the DROP plan as of the effective date of this ordinance shall be entitled to the 3% multiplier as provided for by Section 33.62(B)(2). This multiplier shall only be applied to those monthly retirement payments issued after October 1, 1999. 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 Ord. No. 32-99 jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1999. MAYOR ATTEST: City Clerk First Reading Second Reading Ord. No. 32-99 FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER'=~~ c¢~"u'Wr'' SUBJECT: MEETING OF AUGUST 17, t999 REZONING FROM R-'I-A (SINGLE FAMILY RESIDENTIAL) AND GC (GENERAL COMMERCIAL) TO CF (COMMUNITY FACILITIES) FOR PROPERTY LOCATED ON THE WEST SIDE OF N.W. 3"0 AVENUE~ BETWEEN W. ATLANTIC AVENUE AND N.W. '1sT STREET~ ASSOClAT,ED WITH THE TENNIS CENTER EXPANSION. The proposal incorporates the eastern 20' of Lots 1-12 within Block 36 (.20 acre, 8,800 sq. ft.). Lots 1- 6 are currently zoned GC (General Commercial) and lots 7-12 are zoned R~I-A (Single Family Residential). All of these lots are vacant, with the exception of a vacant house (VVilliams House, 1935) on lots 5-6 and church building and pastor's house (House of God, 1926) situated on lots 11-13. The church building and pastor's house have been gutted and are scheduled to be demolished, but the historic house on lots 5 and 6 is being relocated to the Spady Museum (170 N.W. 5th Avenue). The properties within Block 36 are being aggregated by the Community Redevelopment Agency to accommodate redevelopment of the block per the West Atlantic Avenue Redevelopment Plan. The City is purchasing the eastern 20' of Lots 1-12 to accommodate the tennis center expansion with the addition of three tennis courts and a ~ practice wall. Associated with this project is a traffic pattern modification request to close a portion of N.W. 3r~ Avenue 140' north of W. Atlantic Avenue to N.W. 1st Street, and a Conditional Use Modification request to allow the tennis center expansion. The portion of right-of-way to be closed is to be utilized as part of the expansion, and the tennis center is a conditional use in the CF zoning district. These requests will be presented to the Commission at second reading of the rezoning, if the rezoning passes on first reading. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board will hold a public hearing regarding this item at its meeting of August 16, 1999. Their recommendation along with public comments, if any, will be presented at the Commission meeting. By motion, approve on first reading the ordinance for rezoning from R-1-A (Single Family Residential) and GC (General Commercial) to CF (Community Facilities) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and setting a public hearing date of September 7, 1999. Attachments: P & Z Staff Report and Documentation of August 16, 1999 Ordinance by Others ORDINANCE NO. 33-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l- A (SINGLE FAMILY RESIDENTIAL) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, IN PART, IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF N.W. 3~'~ AVENUE, BETWEEN WEST ATLANTIC AVENUE AND N.W. 1sT STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District, in part, and GC (General Commercial) District, in part; and WHEREAS, at its meeting of August 16, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: The East 20 feet of Lot 1 (less the South 8 feet thereof, and the East 20 feet of Lots 2 thru 12, inclusive, Revised Plat of Block 36, Town of Delray as recorded in Plat Book 5 at Page 38 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of N.W. 3rd Avenue between Atlantic Avenue and N.W. 1st Street; containing 0.20 acre, more or less. Section 2. That the Planning Director of said City shall upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,1999. MAYOR ATTEST: City Clerk First Reading. Second Reading - 2 - Ord. No. 33-99 MARTiN LUTHER KING JR. DRIVE (N.W. 2!,,D ST.)L-- -- '~' CI T Y HALL I _ ,~.w. ~s~' S'r. I ' , -SITE i ~ :i ~ COMMUNITY _ ~.. ~. -- ' ~ ~ CENTER FIRE i I ! -- STATION ! ~ ' ' I w, i L I~ 'TENNIS , j I , il , ! NO. 7 ~ I j I ! ~ ATLANTIC AVENUE > i'~ ~_~ < > POLICE SOUTH < , I ~ COMPLEX COUNTY ,.., ! ; ! COURT I HOUSE N DEL~Y BEACH TENNIS CENTER EXPANSION ~ - AR~ PROPOSED FOR R~ONING CiTY ~ D[LRAY B[ACH, FL From: GC (~ml ~mml) & R-1-A (Sing~ Fa~ PLANNING ~ ZONING DEPARTM[NT TO: CF (~mmun~ Fa~l~) LEGAL VERIFICATION FORM FILE #: PROJECT NAME: TENNIS CENTER EXPANSION LEGAL DESCRIPTION East 20 feet of Lot 1 (less the South 8 feet thereof)j and the East 20 feet of Lots 2 thru 12 inclusive, Revised Plat of Block 36, Town of Delray as recorded in Plat Book 5 Page 38 of the Public Records of Palm Beach County, Florida. SOURCE of Legal Description: Survey (copy attached) VERIFIED B DATE: Z VERIFICATION REQUEST NEEDED BY: AUGUST 12, 1999 LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND READING: VERIFIED BY: DATE: VERIFICATION REQUEST NEEDED BY: , PLANNING AN_D ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 16, 1999 AGENDA ITEM: V.B. ITEM: Rezoning From GC (General Commercial) in Part and R-1-A (Single Family Residential) in Part to CF (Community Facilities) in Conjunction with the Expansion of the Delray Beach Municipal Tennis Center. ~ ~ ~SITE " , ATLANTIC AVENUE GENERAL DATA: Owners ........................... House of God Church & Community Redevelopment Agency Applicant ......................... David T. Harden, City Manager City of Delray Beach, Florida Location .......................... North side of Atlantic Avenue, west side of N.W. 3rd Avenue Property Size .................. 0.20 Acre Future Land Use Map ..... LD (Low Density 0-5 alu/ac) & GC (General Commercial) Current Zoning ...............GC (General Commercial) and R-1-A (Single Family Residential) Proposed Zoning .......... CF (Community Facilities) Adjacent Zoning .... North: R-1-A East: CF (Community Facilities) South: GC West: GC & R-1-A Existing Land Use .......... Vacant Proposed Land Use ........ Rezoning a strip of land 20' x 440' in conjunction with the expansion of the Delray Beach Tennis Center by construction of three tennis courts and one % court practice wail. Water Service ................. n/a. Sewer Service ................n/a. The item before the Board is that of making a recommendation on a City initiated rezoning from R-1-A (Single Family Residential) and GC (General Commercial) to CF (Community Facilities) for properties associated with the tennis center expansion. The subject properties are located on the west side of N.W. 3rd Avenue, between W. Atlantic Avenue and N.W. Ist Street. BACKGROUND The proposal incorporates the eastern 20' of Lots 1-12 within Block 36 (.20 acre, 8,800 sq. ft.). All of these lots are vacant, with the exception of a vacant house on lots 5-6 and two vacant structures situated on lots 11-12. A historic single family residence (Williams House, 1935) is located on Lots 5-6, and there is a church and associated pastor's residence (House of God, 1926) on Lots 11-12. The church building and pastor's house have been gutted and are scheduled to be demolished, but the residence on lots 5 and 6 is being relocated to the Spady Museum (170 N.W. 5th Avenue). The church may relocate one block to the north. The properties within Block 36 are being aggregated by the Community Redevelopment Agency to accommodate redevelopment of the block per the West Atlantic Avenue Redevelopment Plan. The City is purchasing the eastern 20' of Lots 1-12 to accommodate the tennis center expansion, and a request to change the zoning to an appropriate designation is now before the Board. PROJECT DESCRIPTION The proposal is to rezone the subject area (8,800 sq. ft. or .20 acre) from R-1-A (Single Family Residential, Lots 7-12) and GC (General Commercial, Lots 1-6) to CF (Community Facilities). The rezoning is being processed to accommodate the expansion of the existing tennis center (zoned CF) with the addition of three tennis courts and a ~ ~ractice wall. Associated with this project is a request to close a portion of N.W. 3 Avenue approximately 140' north of W. Atlantic Avenue to N.W. 1st Street. The portion of right-of-way to be closed (17,600 sq. ft. or .40 acre) is also to be utilized as part of the expansion. A tennis center is a conditional use in the CF zoning district, and a Conditional Use Modification request to allow the addition, as well as a traffic pattern modification to close a portion of N.W. 3rd Avenue are also before the Board in association with the expansion. The City's contract with the ATP tournament states that 7 hard courts must be provided, and only 4 exist. The balance of the existing courts (15) are clay. In addition to being used for the tournament, the tennis courts will be utilized on a daily basis by the tennis center. P & Z Staff Report Tennis Center Expansion - Rezoning from R-I-A and GC to CF Page 2 ' -- ANALYSIS J REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.l.l(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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The FLUM (Future Land Use Map) designations for the subject properties are GC (General Commercial) and LD (Low Density Residential). The properties are currently zoned R-1-A and GC. The proposed CF zoning to accommodate the Tennis Center expansion is consistent with both the GC and LD Future Land Use Map designations. Thus, the proposed zoning will be consistent with the GC and LD FLUM designations. 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. The proposal is to expand the tennis center for the addition of three tennis courts and a ~ practice wall. As described below, the impact on the level of service standards should be minimal. Water and Sewer: There are currently 8" water and sewer mains within N.W. 3rd Avenue. These infrastructure facilities, constructed in 1992, will be abandoned to accommodate the expansion. Water service will be re-routed via an 8" extension westerly on N.W. 1st Street and connection to an existing 20" main on N.W. 4th Avenue. Drainage: Paving and drainage plans are not required for rezoning analysis. The expansion involves the closure of a portion of an improved right-of-way, and the rezoning of portions of adjacent properties to accommodate the installation of tennis courts and a practice wall. The existing drainage facilities along N.W. 3"~ Avenue south of N.W. 1st Street will be modified to accommodate the expansion. The tennis center complex is located within Wellfield Protection Zones 1,2 and 3. The expansion area is located in Zone 3. There are no problems anticipated complying with South Florida Water P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A and GC to CF Page 3 Management District criteria. If the Conditional Use Modification request is approved, a paving and drainage plan must be provided with the submittal of the site plan modification. Streets and Traffic: The three tennis courts will generate 100 vehicular trips onto the surrounding roadway network. The tennis center complex is located within the City's TCEA (Traffic Concurrency Exception Area) designation, which encompasses the CBD, OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor, which includes the tennis center property. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Parks and Open Space: Park and Open Space dedications do not apply to recreational facilities. Solid Waste: The addition of three tennis courts is not anticipated to have any adverse impact on this level of service standard. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN: A review of the Goals, Objectives, and Policies of the Comprehensive Plan was undertaken and the following applicable Objectives and Policies were identified. 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 in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. Future Land Use Element Policy C-1.5: The following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A and GC to CF ~ Page 4 The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan. Open Space and Recreation Element Objective A-2: Park and recreation facilities shall be adequately and efficiently provided through the implementation of the following policies: Open Space and Recreation Element Policy A-2.1: The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Open Space and Recreation Element Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Public Facilities Element Objective D-I: Provisions are to be implemented to maintain and upgrade existing public facilities to retain the acceptable level of service for the facility and to maintain the "marketability of the facility and the City". Capital Improvement Element Objective A-l: The city shall direct financial resources to the task of maintaining and upgrading existing public facilities as necessary to assure that the entire City achieves the adopted levels of service. To this end, the City shall allocate sufficient reserves and annual recurring funding to address critical needs and system deficiencies. The rezoning is being requested to accommodate the expansion of the tennis center with the addition of three tennis courts and relocation of a % practice wall. The expansion of the center will enhance the opportunities to gain additional private users, as well as for the City to host additional sporting and entertainment events, which is consistent with the policies and objectives expressed above. Section 3.3.2 (Standards for Rezonin.q Actions): Standards A-C and E are not applicable. The applicable performance standards of Section 3.3.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A and GC to CF Page 5 -- or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject area is surrounded by the following zoning districts and land uses: to the north are single family residences on properties zoned R-1-A (Single Family Residential); east is the Tennis Center/Stadium on property zoned CF (Community Facilities); south are commercial properties zoned GC (General Commercial); and west are vacant lots, a vacant church and two vacant residential structures. The eastern 20' of Lots 1-12 are being rezoned to accommodate the expansion of the tennis center and to be consistent with the CF zoning designation of the existing facility. The existing tennis center is screened with a green chain link fence and mature landscape materials. Adequate screening will be required to buffer the expansion from the residential properties to the north. Block 36 is identified in the adopted West Atlantic Redevelopment Plan as an area targeted for redevelopment. The plan proposes a mixed office and commercial development with parking lots within this block. However, a mixed-use development, consisting of residences, may be accommodated. There are no concerns with compatibility with existing residences to the north nor future development to the west. Based upon the above, positive findings can be made with respect to the applicable performance standards. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for the rezoning is "b". The rezoning is being requested to accommodate the expansion of the tennis center, which will result in the assigning of a classification that is consistent with the existing facility. P & Z Staff Report Tennis Center Expansion - Rezoning from R-I-A and GC to CF Page 6 . Compliance with Land Development Re.qulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. CF Zone District (Special Re_clulations): Pursuant to LDR Section 4.4.21(H)(1), within the CF zoning district, the perimeter setback area, when provided, shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. Per LDR Section 4.4.21(H)(2), when this zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. In addition to the rezoning, tennis centers are a conditional use in the CF zoning district, and a conditional use modification must be approved to allow the expansion the tennis center, thereby making the above requirements applicable to this project. The existing tennis center facility is screened with green chain link fence and landscape materials. As previously discussed, properties to the west (Block 36) are located within the West Atlantic Redevelopment Area, and are identified in the plan as areas for redevelopment. The expansion should not negatively impact these properties. Means of buffering the residential properties to the north from the addition will be required to be reviewed at site plan. REVIEW BY OTHERS CRA (Community Redevelopment Agency): The CRA reviewed the proposal and made a recommendation of approval at its meeting of July 22, 1999. West Atlantic Redevelopment Coalition Board: The West Atlantic Redevelopment Coalition Board will review the project at its meeting of August 25, 1999. Individual comments from Board members have been attached. Additional comments, if any, will be presented at the Planning and Zoning Board meeting. HPB (Historic Preservation Board): A portion of the expansion area lies within the West Settlers Historic District. The HPB reviewed the project at its meeting of August 4, 1999 and recommended approval of the tennis center expansion with the condition that the historic Williams House be relocated to the Spady Museum site. P & Z Staff Report Tennis Center_ Expansion - Rezoning from R-1-A and GC to CF Page 7 -- SPRAB (Site Plan Review and Appearance Board): If the rezoning request is approved, a site plan modification will be processed which action by the Site Plan Review and Appearance Board. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: · West Settlers Historic District · Delray Merchants Association · Peach Umbrella Association · Paradise Heights Letters of objection or support, if any, will be presented at the P & Z Board meeting. ASSESSMENT AND CONCLUSION The request involves the rezoning of the subject properties from R-1-A and GC to CF to accommodate the expansion of the tennis center, as well as to be consistent with the CF zoning classification of the existing .tennis center/stadium complex. The proposal is consistent with the policies of the Comprehensive Plan and Chapter of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning is being requested to accommodate the expansion of the tennis center, which will result in the assigning of a classification that is consistent with the existing facility. The subject properties are located within Block 36, which is a redevelopment area. The West Atlantic Redevelopment Plan calls for office development and parking lots within this block, and the expansion should not negatively impact these properties or any redevelopment to the west. Adequate screening should be provided to buffer existing single family residences to the north, which will be required to be addressed at site plan. The expansion of the tennis center will require submittal of a complete site plan modification application and adherence to the Land Development Regulations. A. Continue with direction. B. Recommend approval of the rezoning request from R-1-A (Single Family Residential) and GC (General Commercial) to CF (Community Facilities) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). P & Z Staff Report Tennis Center Expansion - Rezoning from R-1-A and GC to CF Page 8 C. Recommend denial of the rezoning request from R-I-A (Single Family Residential) and GC (General Commercial) to CF (Community Facilities) based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis reasons. Recommend to the City Commission approval of the rezoning from R-I-A (Single Family Residential) and GC (General Commercial) to CF (Community Facilities) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: · WARC Board Member Comments · Location Map · Existing Zoning Map · Sketch Plan s:\planningand zoning\documents\reports\tennisrez.doc 8e/11/~9~c~ ll:2ti 1~1275~5~-I! ut.~t~ r~.,~,r~ ~ ....... I don~ ~upport d~ prOpose~l, {ennis c~er g~ion for the fi~Ilo< ~g reason: 1) l ~ not MARTIN IIIIIiIlIIiIII' LUTHER' KING JR. -'- DRIVE (N.W. 2ND ST.) I - l T T T N.W. , 1ST ST. ' ' ' ~--SITE __I~ FIRE --__,STATION i1 ATLANTIC AVENUE ~ I >'"' ~ POLICE SOUTH ~'~L "~ ) COMPLEX COUNTY COURT HOUSE - 121:: S.W. lST ST. S.W. 1ST ST. N DELRAY BEACH TENNIS CENTER EXPANSION ~ - EXISTING ZONING - CITY OF DELRAY BEACH, FL AREA PROPOSED FOR REZONING PLANNING & ZONING DEPARTMENT From: GC (Ge~ral Commercial) & R-I-A (Single Fm~lly Residential) · To: CF (Community Facilities) -- D/G/fA/_ ~' MAP $)"~)'CM --- MAP REF: LM365 Is i '. ~ ~ ~: J ~ ' ' ~ , ~ : ' ~ , ~ ~ , : ' ..... '__" ' ~ t~ ' , ~,.~ ~.~ ~ .~ -~ ~: .~,.,~ . ATLANTIC AVENUE ~ C~ of DEL~Y BEACH DELRAY BEA~ ~NNIS ~N~R ~~ ~ ~~ PHASE I V ~ ~ ~ ~ ~ ~ ~ ~ 99-059