11-23-93 Regular
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DELIA Y BEACH
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~rT:O~:M::~~:.a~:::._f:~::D:.:.~:::L~~~:::::: ~~~~::Rp~:~TrNG 'IlIiIf'
COMMISSION CHAMBERS I
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1993
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Doug
Randolph, (407) 243-7127, at least twenty-four (24) hours prior to the r
program or activity in order for the City to reasonably accommodate
your request.
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 (10 minutes for group
presentations). The Mayor or presiding officer has discretion to
adjust the amount of time allocated. I
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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 corne 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 to the
Commission unless permission to continue or again address the
Commission is granted by majority vote of the Commission members
present. I
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. City Commission
Regular Meeting ;
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11/23/93
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 or hearing, such persons will need a record of these ;
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
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City does not provide or prepare such record. !
AGENDA
1. RollCall.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval.
Action: Motion to approve.
5. Approval of Minutes:
Regular Meeting of November 9, 1993
6. Proclamations: None.
7. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
.A. AGREEMENT WITH THE PALM BEACH COUNTY SHERIFF'S OFFICE:
Approve an agreement with the Palm Beach County Sheriff's Office
which provides the City access to information on the Palm Beach
Automated Law Enforcement Management System ( PALMS) , Florida
Crime Information Center (FCIC) and National Crime Information
Center (NCIC) .
B. AGREEMENT WITH PALM BEACH COUNTY: Approve an agreement with I
Palm Beach County with regard to joint funding of the 4th Street i
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(Lake Ida Road) widening project from Swinton Avenue to N.E. 2nd I
Street.
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C. RETENTION OF OUTSIDE COUNSEL: Authorize the retention of
outside counsel in the Lucas v. City of Delray Beach matter. !
D. AUTHORIZATION TO SUBMIT A GRANT APPLICATION/LEON WEEKES
ENVIRONMENTAL PRESERVE: Authorize staff to submit a grant i
application to the Florida Department of Environmental
Regulations for funding in the amount of $25,000 to defray the
costs of developing the Leon Weekes Environmental Preserve.
E. FINAL PLAT APPROVAL: Approve the final plat for Cambria !
Crest, located on the southwest corner of George Bush Boulevard
and North Ocean Boulevard. ,
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Regular Meeting
11/23/93 I
F. FINAL PLAT APPROVAL: Approve the final plat for Belair
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Heights (Bi-Lo Grocery) , located on the southwest corner of I
Atlantic Avenue and S.W. 9th Avenue.
G. EMERGENCY MANHOLE REPAIR/LINDELL BOULEVARD: Approve the I
emergency repair of Manhole No. 23A on Lindell Boulevard and
authorize Johnson-Davis to perform those repairs in the amount of I
$15,000 with funding from Water and Sewer Renewal and Replacement I
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Sewer Systems/Manhole Rehab (Account No. 442-5178-536-61.84) I
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2 REOUEST FOR FINAL PAYMENT/WYNN AND I
H. CHANGE ORDER NO. AND
SONS ENVIRONMENTAL CONSTRUCTION COMPANY: Approve a change order
in the amount of $1,700 which also extended the contract
completion date by 54 days for Add Alternate No. 2 and No. 3 in
conjunction with Lift Station No. 86 Replacement project; and,
approve a request for final payment in the amount of $4,850 for
completion of said project; with funding from Water and Sewer
Renewal and Replacement - Lift Station Conversion to Submersible
(Account No. 442-5178-536-61.83). ,
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PAYMENT/PROFESSIONAL .
I. REOUEST FOR FINAL ENGINEERING I
CONSULTANTS, INC. : Approve a request for final payment in the I
amount of $3,230 to the contract with Professional Engineering !
Consultants, Inc. for completion of the conceptual alternatives I
for the proposed O. 5 Million Gallons Storage Tank, Booster Pump
Station Building and Chemical Feed Facility; with funding from
1993 Water and Sewer Bond Fund - Northeast Storage Tank (Account
No. 440-5179-536-63.54). I
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J. REOUEST FOR FINAL PAYMENT/PALM BEACH COUNTY: Approve a
request from Palm Beach County for final payment in the amount of
$4,352.01 for utility main relocations performed in conjunction I
with the County's roadway improvements project on West Atlantic I
Avenue and Military Trail; with funding from Water and Sewer
Renewal and Replacement Water Distribution Improvements (Account
No. 442-5178-536-61.78). I
K. RESOLUTION NO. 106-93: A resolution assessing the cost for
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abatement action necessary to board up an unsafe structure
located on property at 236 S.W. 1st Avenue. I
L. AWARD OF BIDS AND CONTRACTS:
1. Swinton Avenue Beautification - American Lighting i
Maintenance, Inc. in the amount of $413,765 with funding from I
Decade of Excellence Phase II - Neighborhood Improvements
(Account No. 228-2712-524-61.76/$31,690) and Swinton Avenue
(Account No. 228-4141-572-61.48/$382,075).
2. Repairs - Vacon Truck - Southern Sewer Equipment Sales in
the amount of $11,690 with funding from Water and Sewer Equipment I
(Account No. 441-5141-536-46.20). I
3. Lowson Headwall - Delray Marine Construction, Inc. in the
amount of $11,850 with funding from Stormwater Utility Fund -
Lowson Boulevard- E-3 1/2 Canal Headwall (Account No.
448-5461-538-62.21). I
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Regular Meeting
11/23/93
4. Rental Rehab - various properties and contractors - in the J
amounts indicated belowj with funding from CBDG Rental Rehab I
(Account No. 118-1975-554-49.19): I
A. 235 N. Swinton Avenue - Ray Graeve in the amount of I
$15,000 (City's share).
B. 117 S.W. 1st Avenue - Intercontinental Construction in
the amount of $22,962 (City's share).
9. Regular Agenda: I
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A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period November 8, I
1993 through November 19, 1993.
B. REOUEST FOR CONDITIONAL USE APPROVAL/EXPRESS CAR WASH: \
Consider a request for conditional use approval to expand the ,
existing Express Car Wash facility located on N.E. 6th Avenue, I
south of S.E. 4th Street. Planning and Zoning Board recommends
approval subject to conditions. I
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C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION:
Consider an appeal of a Site Plan Review and Appearance Board
decision from Checkers to permit a red, white and black
monument sign at 450 West Atlantic Avenue. City Manager
recommends denial.
D. APPEAL OF SITE PLAN REVI EW AND APPEARANCE BOARD DECISION: I
Consider an appeal of a Site Plan Review and Appearance Board
decision from Curtis Mathis Rent to Own to permit a flat wall I
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sign with red and black copy on a yellow background at 1551 N.
Federal Highway. City Manager recommends denial.
E. REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA I
SANITATION: Consider a request for conditional use approval to 1
establish a resource recovery facility in the Mixed Industrial I
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Commercial (MIC) zone district, located north of N.W. 1st Street, I
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between ~.W. 18th Avenue and the CSX Railroad. Planning and
Zoning Board recommends approval, subject to conditions.
Applicant requests continuation.
F. RESOLUTION NO. 107-93: A resolution authorizing the
execution of an Interlocal Agreement with Palm Beach County to
provide for the annexation of Enclaves pursuant to Section
171.046, Florida Statutes and authorizing the Mayor to entertain
and approve minor modifications to the Agreement as may be
requested, or required, by the Board of County Commissioners.
City Manager recommends approval.
G. AWARD OF BID - VARIOUS COMPONENTS OF TENNIS CENTER/STADIUM
PHASE II PROJECT: Consider awarding the bids for paving,
landscaping, fire protection, awnings, irrigation, tennis courts,
electrical and plumbing in conjunction with the Tennis
Center/Stadium Phase II projectj with funding from the General
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Regular Meeting
11/23/93
Construction Fund - Tennis Center/Stadium Phase II (Account No.
334-4145-572-63.42). City Manager recommends approval.
H. CHANGE ORDER NO. 4/CHAZ EOUIPMENT COMPANY, INC. : Consider I
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change order in the amount of $66,692 to the contract with Chaz
Equipment Company, Inc. for construction of additional water
mains and drainage facilities in conjunction with the Beach
Road Reconstruction Project; with funding from Water and Sewer I
Renewal and Replacement - Water Distribution Improvements
(Account No. 442-5178-536-61.78) and Stormwater Utility Fund - I
Beach Road Reconstruction (Account No. 448-5461-538-62.22). City
Manager recommends approval.
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1. SERVICE AUTHORIZATION NO. S/ECKLER ENGINEERING: Consider a r
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service authorization in the amount of $12,600 to the contract I
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with Eckler Engineering for services necessary to study and I
prepare bid documents for a Hydrogen_Sulfide Control System; with i
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funding from Water and Sewer Renewal and Replacement - Lift i
Station Conversion to Submersible (Account No. I
442-5178-536-61.83). City Manager recommends approval.
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J. CHANGE ORDER NO. 2/FOWLER ENERGY SYSTEMS. INC. : Consider a
change order in the amount of $13,250 to the contract with Fowler
Energy Systems, Inc. for Bid Alternate No. 3, Community Center
Gymnasium Re-roofing; with funding from General Construction Fund
- Buildings (Account No. 334-6112-519-62.10). City Manager
recommends approval.
K. SERVICE AUTHORIZATION NO. 8/PROFESSIONAL ENGINEERING
CONSULTANTS. INC. : Consider a service authorization in the
amount of $31,982 for engineering services in conjunction with
the rehabilitation of Lift Station Basins Nos. 14, 15, 16, 19 and
19Ai with funding from Water and Sewer Renewal and Replacement
Sewer Systems/Manhole Rehab (Account No. 442-5178-536-61.84).
City Manager recommends approval. .
L. JOINT VENTURE CHRISTMAS TREE EXHIBITS: Consider
participating in the Joint Venture Christmas Tree Exhibits
Program.
M. APPOINTMENT OF A MEMBER TO THE CIVIL SERVICE BOARD: Appoint
a member to the Civil Service Board to fill the unexpired term of
James L. "Pete" Bowen to a term ending June 26, 1994.
N. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the
Education Board to fill the unexpired term of Kathryn Sloan to a
term ending July 31, 1995.
10. Public Hearings:
A. ORDINANCE NO. 55-93: An ordinance amending Chapter 52,
"Water" , of the Code of Ordinances to provide for miscellaneous
text revisions, increasing water deposits for tenants, changing
the water rate structure to an inverted block schedule,
establishing a Conservation Surcharge and adding fees for various
services.
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City Commission
Regular Meeting
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B. ORDINANCE NO. 63 - 9 3 : An ordinanc e amending Sec tion 4. 4 . 13
"Central Business (CBD) District" of the Land Development
Regulations to clarify the parking requirements for the Central
Business District. Planning and Zoning Board recommends approval.
C. ORDINANCE NO. 64-93: An ordinance amending Section 4.6.9,
"Off Site Parking Regulations", of the Land Development
Regulations by amending Subsection 4.6.9 (E), "In Lieu Fee", to
revise the in lieu parking fee general provisions, and to revise
the in lieu parking fee to $6,000 per space. Planning and Zoning
Board recommends approval.
D. ORDINANCE NO. 66-93: An ordinance amending Section 4.2.24
"Old School Square Historic Arts District (OSSHAD), of the Land
Development regulations to provide for a reduction in the parking
requirements for new development or change in use subsequent to
January 1, 1994. Planning and Zoning Board recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the Public-
.Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 78-93: An ordinance amending the Code of
Ordinances with respect to the General Employees Retirement
Plan. City Manager recommends approval. If passed public hearing
December 7th.
B. ORDINANCE NO. 67-93: An ordinance changing the Land Use
Map Designation in the Comprehensive Plan for property located on
the west side of N.E. 9th Avenue (Jennings Florist) from Medium
Densi ty Residential to General Commercial. Planning and Zoning
Board recommends approval. If passed public hearing December 7th.
C. ORDINANCE NO. 68-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located
between N.E. 9th Avenue and Palm Trail (Palm Trail Plaza parking
lot) from Transitional to General Commercial. Planning and
Zoning Board recommends approval. If passed public hearing
December 7th.
D. ORDINANCE NO. 69-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at the
northwest corner of Andrews Avenue and Thomas Street (Lyndon Arms
Condominium) from Low Density Residential to Medium Density
Residential and rezoning said property from R-1AA (Single Family)
zoning district to RM (Medium Density Residential) zoning
district. Planning and Zoning Board recommends approval. If
passed publ~c hearing December 7th.
E. ORDINANCE NO. 70-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at the
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City Commission
Regular Meeting
11/23/93
northwest corner of N.W. 2nd Street and N.W. 6th Avenue (child
care center and various residential uses) from Community
Facilities -- Church to Low Density Residential. Planning and
Zoning Board recommends approval. If passed public hearing
December 7th.
F. ORDINANCE NO. 71-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at S.
Federal Highway and S.E. 5th Street (Mayfair Animal Hospital)
from Medium Density Residential to Transitional. If passed
public hearing December 7th.
G. ORDINANCE NO. 72-93: An ordinance correcting the zoning on
property located at the southeast corner of S. Federal Highway
and S.E. 5th Street (Delray Dental Specialist) from GC (General
Commercial) and R- 1AA (Single Family Residential) to NC
(Neighborhood Commercial) zone district. Planning and Zoning
Board recommends approval. If passed public hearing December
7th.
H. ORDINANCE NO. 73-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at the
southwest corner of Central Street at Zeder Avenue (Southridge
Subdivision) from Medium Density Residential to Low Density
Residential. Planning and Zoning Board recommends approval. If
passed public hearing December 7th.
I. ORDINANCE NO. 74-93: An ordinance correcting the zoning on
property located between N.W. 6th Avenue and N.W. 7th Avenue (St.
John Primitive Baptist Church parking area) from R-1A (Single
Family Residential) to CF (Community Facilities). Planning and
Zoning Board recommends approval. If passed public hearing
December 7th.
J. ORDINANCE NO. 75-93: An ordinance revising the Land Use Map
Designation in the Comprehensive Plan for property located on the I
north side of Linton Boulevard at S.W. 6th Avenue, extended
(Howell Jones and Burke properties) from Medium Density
Residential in part and Community Facilities in part to
Redevelopment Area #3. Planning and Zoning Board recommends
approval. If passed public hearing December 7th.
K. ORDINANCE NO. 76-93: An ordinance changing the Land Use Map
Designation for property located on the north side of West
Atlantic Avenue (Hitch Post and Hamlet Shops) from General
Commercial to Transitional. Planning and Zoning Board recommends
approval. If passed public hearing December 7th.
L. ORDINANCE NO. 77-93: An ordinance rezoning property located
on the east side of Dixie Highway, approximately 295 feet south
of Linton Boulevard (Delray Lincoln Mercury) from PC (Planned
Commercial) zone district to AC (Automotive Commercial) zone
district. Planning and Zoning Board recommends approval, subject
to conditions. If passed public hearing December 7th.
M. ORDINANCE NO. 79-93: An ordinance rezoning property located
at the southeast corner of S. Federal Highway and S.E. 5th Street
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(Mayfair Animal Hospital) from GC (General Commercial) to POD
(Professional and Office District). Planning and Zoning Board
recommends approval. If passed public hearing December 7th.
An ordinance changing the Land Use Map I
N. ORDINANCE NO. 80-93: 1
Designation in the Comprehensive Plan for property located at S. ,
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Federal Highway and S.E.'5th Street (access drive/parking for \
Barrton Condominiums) from Transitional to Medium Density I
Residential. Planning and Zoning Board recommends approval. If
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passed public hearing December 7th. I
O. ORDINANCE NO. 81-93: An ordinance changing the Land Use Map I
Designation in the Comprehensive Plan for property located on the i
north side of Linton Boulevard at S.W. 6th Avenue, extended (Fire i
Station No. 3) from Medium Density Residential to Community I
Facilities. Planning and Zoning Board recommends approval. If
passed public hearing December 7th. ,
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION I
REGULAR MEETING - NOVEMBER 23. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M. ,
COMMISSION CHAMBERS
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ADDENDUM ,
THE CONSENT AGENDA IS AMENDED TO INCLUDE: i
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RETENTION OF OUTSIDE COUNSEL: Authorize the retention I
of outside counsel in the Snyder v. City et al - Case No. CL93-5613
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtrJV(
SUBJECT: AGENDA ITEM # ?A - MEETING OF NOVEMBER 23. 1993
AGREEMENT WITH PALM BEACH COUNTY SHERIFF'S OFFICE
DATE: November 19, 1993
This item is before you to approve an agreement with the Palm Beach
County Sheriff's Office which provides the City access to information
on the Palm Beach Automated Law Enforcement Management System (PALMS) ,
Florida Crime Information Center (FCIC) and National Crime Information
Center (NCIC) systems.
These systems hold both intrastate and interstate criminal justice
information. The Sheriff's Office will provide an interface circuit
through a telecommunications system which will provide our Police
Department with access to information compiled and stored in the
PALMS, FCIC and NCIC systems.
We already have the equipment in place at the Police Department.
Addi tionally, funding has been set aside to cover maintenance and
repair of the equipment necessary to access the system. I
Recommend approval of the agreement with the Palm Beach County I
Sheriff's Office for access to the PALMS, FCIC and NCIC systems. I
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tLBIY Of DELRRY DEA[H
cnv J\llUnNEV'S OFFICE ; ! I~ I \\".. ~' "\ . l ;. \\Ii.~~~lt: r iJt:II:.l.\' I~! .\( ] l'l ()jdIJA\ ~,~ H
J :',' I:l'lfl (~.I:I 1!IJ~.1 1,. /,'.,.'!. J :\j ....;1.,.111 i :rl/"':" rc It-Ie,
.' 1I00Ier 1J.(iM, AIIVI~(JH
MBKORANDUM
TO: City Commissioners
FROM: Eric D. Hightow8r, Polic8 L8gal Advisor
DA'I'E: Octob@r 6, 1993
SUBJECT: PALMS, pcrc, NCIC USBR AGREEMENT
=~~~~ft~__...g_a_~~~________~__~~;;~~=====~=~._--_.-..~._--~;~~======~~~~
Attached for your consideration i8 a COpy of the Palms, FCIC, NCIC UeeX'
Agreement with the palm Beaoh Sheriff's Office. 'the Sheriff's Office
and thB City Attorney'ti Offioe have reviewed the agreement and approve
of it.
The purpose of the agreement is to allow our Police Department to ehare
.......
and utilize information with the sheriff I s Office regarding criminal
history on suspects a.nd other information t.hat would be helptul in
criminal investigations.
The city's liability will not be affected by thiQ agreement. Section 15
protects ou~ Soveriilign Immunity Rights. As for cost, the equipment
which collecta the information is already in place and maintenance i8
alrMady budgeted for.
The agreement. will run indefinitely, unles$ the Sheriff's Offioe or the
City elects to terminate with a t.hirty day (30) notice.
EDH:ldb .;;; (../ I
eOI David Harden, City Mlinag8r
susan Ruby, City Attorney
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PALMS, FC1C, fiCIC USER ACREEMENT
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THIS AGREEMENT, made and entered into this __" day of
, 199 , by and betwBen RICHARD P. WILLI2,
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SHERIPF OF PALM BEACH COUNTY, FLORIDA, hereinafter referred to aa
"SHERIFF" and
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h@reina.fter referred to as lIUSER".
WHEREAS, the SHBRIFF maintains and operates the Palm neach
Automated Law Enforcement Manag~ment System, hereinafter referred to as
"PALMS", which contains information relative to orimes, criminale and
criminal activity, and
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WHBREAS, the SHERIFF has entered into an ~gr8ement with the
Florida Department of taw Enforcement providing the SHERIFF with rapid
access to both intrastate and interstate criminal justice information
th~ough the Florida Crime Information Center, hereinafter referred to AS
"FCIC", and the National Crime Information center, hereinafter referred
to as "NCIe", and
WHEREAS, the USER is a law enforcement agency within the
juriBdictional confines of Palm Beach co~nty that requires rapid access
to criminal juet.ice information available through PALMS, FCIC, AND NCIC,
and
WUEREl\S, access to information compiled and stored by the
Cle~l, of the Court through a teleoommun1.cationa system is operated and
11/12/93 10:21 '5'407 243 7816 DELRAY BEACH PD ~~~ CITY MGR OFFICE f4J 004/007
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provided for by the SHE~IFF through the PALMS system,
IT IS HSR8BY AGREED that the SHERIFF will provide aocess
to the PALMS, FCTC, NCIC aystem to the USER upon the following terma and
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conditions;
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l. The SHERIFF shall provide to the USER an
interface circuit through a telecommunications
sy@tem which al1ow@ access to the information
compiled and stored in the PALMS, FCIC, Nere
aystemlt.
2. The USER fully understands that the information
compiled and stored in the PALMS, Fere, NC:rc
systems cannot alwRYs be verified by the
SHERIFF and is provided as information only
to the USER by the SHERIFF.
3. Th. USER .hall, at all time., comply with all
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applicable federal and state laws, rulee,
regul.ations, pOlicies, procedures and
inter.gency agreements relative to and
concerning the uea of information fo~min9
the basis of this Agreement.
4. The USER shall assume ana be fully
reapon8ibl~ for certain fees or coats
relative to this Agreement.
5. The USER understands that the SHERIFF
shall retain total and complete COntrol
over the management and operation of the
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information and telecommunioation system
torming the basis of this Agreement.
" 6. The SHERIFF shall maintain the interface
~j cirouit and/or equipment leased through the
SHERIFF by the USER, The SHERIFF shall
provide installation of an interface circuit
at the USER's location, if required,
7. The USER shall asaume full responsibility
tor the cost and fees relative to the
relocation and operation of the USER
~nterface circuit in the event the inter-
face circuit must be moved.
B. In the event the interface circuit malfunc-
tions or becomss inoperable, the USER shall
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provide immediate notice to the SHERIFF.
The SHERIFF will not be responsible in any
way for any inoonvenience that may be caused
by the circuit malfunction.
9. The SHERIFF shall provide written notifica-
tion of any system software changes
presumed to impact the USER prior to the
implementation of the change.
10. The USER shall use and adhere to the
rul~!l, regulations I poll.cLea, procedures
and interagency ~greementa established by
FDLE for aooess to the telecommunication
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system forming the basis of the AgrB8m~nt.
II. The USER shall ensure the security of ~he
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interface ciroui~ and prevent any unauthorized
.J Ulillt.
12, The USER shall treat the information
obtained from the PALMS, FCIC, NCIC system
in a manner that conforms to all federal
and etate lawB and all federal, atat@ and
local rules, regulations, policies,
procedures and interagency a9re@mente
relative to or concerning the eecurity
and right of privacy in such information.
13, USER shall provide _ minimum of thirty
(30) days advance notioe of any propo~al
--... to add new equipment and/or relocate
existing equipment,
14. USER ahal1 reimburse the SHERIFF for any
and all C06t~ direotly or indirectly
asaoclated with USER eQuipment and/or
transactions provided by the SHERIFF.
The USER understands that thera are oosta
associated to accessinQ certain information
an4 agrQ8a to reimburse tha SHE~IFF for any
Much costs.
15. TO the extent permited by law, The City of
Dslray Beach and the Palm Beach County
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11/12/93 10:22 'B407 243 7816 DELRAY BEACH PD ~~~ CITY MGR OFFICE @ 007/007
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Sheriff's Offioe ehall each pe responsible
for its own negligence. Nothing herein shall
oe deemed to waive any immunities granted
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pursuant to Section 768.28 Florida Statutea.
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16. This Agreement may be terminated without
cause upon thirty (30) days prior written
notice,
ATTEST:
RICHARD P. WILLIE, SHERIFF
PALM BEACH COUNTY, FLORIDA.
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By~_
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ATTEST I CIT~ OF OELRAY BEACH, FLORIDA
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._-- By ........-- -.---.....-
City Clerk Mayor ThQmas E. Lynch
Approved aa to torm and
Legal Sufficiency.
city Attorney - Delray Beach
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~~'l
SUBJECT: AGENDA ITEM i ctB - MEETING OF NOVEMBER 23. 1993 I
AGREEMENT WITH PALM BEACH COUNTY/LAKE IDA ROAD - SWINTON TO
N.E. 2ND STREET
DATE: November 19, 1993
This item is before you to approve a joint project funding agreement
with Palm Beach County for the Lake Ida Road - Swinton to N.E. 2nd
Street widening project.
This agreement provides for the construction of roadway improvements
within the above area in conjunction with the County's construction of
improvements along Lake Ida Road between Congress and Swinton Avenues.
The City will be responsible for all inspection services during i
construction and final certification. The agreement also provides I
that the County will obtain City approval for any change orders which
increase the cost of the project.
The cost estimate for this project is $193,755. Funding is available
in the General Construction Fund - 4th Street Widening - Swinton to
N.E. 2nd Avenue (Account No. 334-3162-541-63.12) I
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Recommend approval of the joint project funding agreement with Palm i
Beach County for the Lake Ida Road - Swinton to N.E. 2nd Street i
widening project. I
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
Wr~t_r'. D~r_ct ~~n_
FACSIrvlILE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: November 15, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Joint Project Funding Agreement
Lake Ida Road - Swinton to N.E. 2nd Avenue
The attached agreement with Palm Beach County is before you for
approval. Under this agreement, the City will pay to the
County all costs attributable to the construction of City
requested improvements on that portion of Lake Ida Road between
Swinton Avenue and N.E. 2nd Avenue. The costs are outlined in
Exhibit "A", which is attached to the agreement.
If any change orders are required, the City must approve those
change orders which increase the cost of the construction. Our
office recommends approval of the agreement. Please call if
you have any questions.
DNT: sh
Attachment
cc: David Harden, City Manager
Cheryl Leverett, Executive Assistant
Dan Beatty, Civil Engineer
laltida21. dnt
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AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE CITY OF DELRAY BEACH
FOR THE FUNDING OF ROAD IMPROVEMENTS ON
LAKE IDA ROAD FROM SWINTON AVENUE TO NE 2ND AVENUE
PALM BEACH COUNTY, FLORIDA
PALM BEACH COUNTY PROJECT NO.90S02
THIS AGREBHENT, made and entered into this day
of 199_/ by and between PALM BEACH COUNTY, a political
sUbdivision in the state of Florida, herein referred to as
"COUNTY" and the CITY OF DELRAY BEACH, a municipality in the
state of Florida, herein referred to as the" CITY",
WIT N E SSE T H :
WHEREAS , the CITY desires to extend and construct
certain roadway improvements within the right-of-way of Lake Ida
Road from Swinton Avenue to NE 2nd Avenue in conjunction with
the COUNTY'S roadway construction improvements of Lake Ida Road
from Congress Avenue to swinton Avenue: and
WHEREAS , Florida statutes, section 163.01, allows
governmental units to make the most efficient use of their
powers bY! enabling them to cooperate on a basis of mutual
advantagef and
WHEREAS , the execution of this agreement is in the
best interest of both governmental units by promoting effioient
oonstruction of road improvements along the Lake Ida right-of-
way referred to previously:
NOW, THEREFORE, for and in consideration of the mutual
covenants contained herein, the Parties to this Agreement agree
as follows:
1. The CITY agrees to pay directly to the COUNTY all costs
attributable to the construction of those CITY designed
improvements for Lake Ida Road from swinton Avenue to NE 2nd
Avenue/ as outlined and shown in the Bid Doouments for Palm
Beach County Projeot # 90502.
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AGRBBMBBT WITH THE CITY OJ!' DBLRAY BRACH
2. Summation of these additional costs is estimated in the
amount of $ 193,155.00 in accordance with Attachment "A" for
the specified work.
3. Costs shall be adjusted upon actual contract costs and
completion of the project using contract unit prices and actual
constructed quantities, said quantities being measured by the
Palm Beach County Engineering and Public Works Department.
4. The City agrees to pay those contributions as set forth
in Paragraphs 1 through 3 above within thirty (30 ) days of
receiving written notice from the COUNTY that payment is
required.
5. The COUNTY is to be responsible for administering
the funds in accordance with the construction contract
agreement.
t. The CITY is to be responsible for, and agrees to
provide ot cause to be performed all inspection services during
construction of their requested work and final certification for
the aforementioned construction of road improvements as it
relates to the CITY work.
1. The COUNTY shall obtain CITY approval for any
change orders which increase the cost attributable to the
roadway improvements to an amount greater than the contract
amount as stated in Paragraph 2 of this agreement. The CITY
shall be responsible for any cost caused by the CITY'S delays
including but not limited to change orders attributable to the
roadway improvements as it relates to the CITY's work.
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AGRBBKBNT WITH THE CITY OJ!' DBLRAY BEACH
8. In the event that additional work and funding is
required, the additional cost attributable to said construction
of road improvements as outlined in the specifications for this
project is the responsibility of the CITY. In the event of an
under run attributable to said construction of road improvements
as outlined in the specification, the CITY will be credited the
excess amount.
9. Without waiver of limitation as provided for in
Section 168.28 (5) , Florida statutes, and to the extent
permitted by law, COUNTY agrees to indemnify and hold harmless
the CITY from and against any claims, losses, demands or cause
of action of whatsoever kind or nature that the CITY, its agents
or employees, mayor could sustain as a result of or emanating
out of the terms and conditions contained in this agreement that
result from the COUNTY's negligence or willful misconduct.
without waiver of limitation as provided for in section
768.28 (5) , Florida statutes, and to the extent permitted by
law, CITY ~grees to indemnify and hold harmless the COUNTY from
. ; any claims, losses, demands or cause of action of
and agaJ.nst
whatsoever kind or nature that the COUNTY, its agents or
employees, mayor could sustain as a result of or emanating out
of the terms and conditions contained in this agreement that
result from the CITY's negligence or willful misconduct.
10. All provisions of this Agreement calling for the
expenditure of ad valorem tax money by either COUNTY or the CITY
are subject to annual budgetary funding and should either Party
involuntarily fail to fund any of their respective obligations
pursuant to this Agreement, this Agreement may be terminated.
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, AGRBBKENT WITH TBE CITY OP DELRAY BEACH
11. Any and all notices required or permitted to be
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given hereunder shall be deemed received three (3) days after
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same are deposited in u.s. Mail sent via certified mail, return
receipt requested.
All notice to the CITY OF DELRAY BEACH shall be sent to:
City of Delray Beach
210 N.W. First Avenue
Delray Beach, FL 33444
ATTN: Mr. Dan Beatty, P.E.
Assistant city Engineer
All notice to the County shall be sent to:
George T. Webb, P.E. , County Engineer
Engineering and PUblic Works Department
P.O. Box 21229
West Palm Beach, FL 33416
ATTN: Roadway Production
IN WITNESS WHERBOJ!', the Parties unto this Agreement
have set their hands and seals on the day and date first written
above.
CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA BY
I ITS BOARD OF COUNTY
; COMMISSIONERS
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BY: BY:
(DATE) (DATE)
ATTEST: ATTEST:
DOROTHY T. WILKEN, CLERK
BY: BY:
(DATE) (DATE)
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
SUFFICIENCY: SUFFICIENCY:
BY: BY:
CITY OF DELRAY BEACH COUNTY ATTORNEY
h:\ROADWA Y'v\GRM1\90\90S02.DB
(revised 10/29/93)
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ATTACHMENT "A"
PROJECT NAME: LAKE IDA ROAD FROM S\lINTON AVENUE TO NE 2ND AVENUE PROJECT # 90502
CITY OF DElRAY BEACH
ITEM QUANT ITY IUN ITS UNIT PRICE TOTAL
==================================================================================================
ROADWAY ITEMS
01 MOBILIZATION 1 lS $16,000.00 $16,000.00
02 MAINTENANCE OF TRAFFIC 1 LS $6,000.00 $6,000.00
03 CLEARING AND GRUBBING 1 LS 55,000.00 55,000.00
04 REGULAR EXCAVATION 300 CY $1.50 $450.00
05 EMBANKMENT 100 CY 55.50 5550.00
06 SPECIAL SHORING (TRENCH SAFETY) 200 SF $1.30 $260.00
07 TYPE C STABILIZATION (12") 5,122 SY $2.00 $10,244.00
08 LIMEROCK BASE (8") 4,677 SY 55.60 $26,191.20
09 CONCRETE PAVEMENT (6") DRIVES, ETC. 339 SY 517.00 55,763.00
10 INLETS CURB TYPE P.5 <10' 4 EA $1,800.00 $7,200.00
11 INLETS CURB TYPE P-6 < 10' 2 EA $1,800.00 53,600.00
12 INLETS CURB TYPE J-l >10' 1 EA $2,100.00 $2,100.00
13 GUTTER INLETS TYPE V <10' 3 EA $1,800.00 $5,400.00
14 INLETS CURB TYPE J-5 > 10' 1 EA $2,100.00 $2,100.00
15 JUNCTION BOXES J-7 > 10' 6 EA 52,100.00 $12,600.00
16 JUNCTION BOXES J-7T > 10' WITH WEIR OR BAFFLE 1 EA $2,100.00 52,100.00
17 OBI TYPE C 1 EA 51,000.00 $1,000.00
18 CONCRETE PIPE CULVERT (15") 8 IF $16.00 $128.00
19 CONCRETE PIPE CULVERT (18") 315 LF 521.00 $6,615.00
20 CONCRETE PIPE CULVERT (30") 369 LF 536.00 $13,284.00
21 CONCRETE PIPE CULVERT (36") 193 LF $46.00 sa,878.00
22 CONCRETE PIPE CULVERT (42") 141 LF 558.00 sa,l78.00
23 FRENCH DRAIN (36") 42 LF $65.00 $2,730.00
24 CONCRETE CURB TYPE D 127 LF $5.00 1635.00
25 CONCRETE CURB & GUTTER TYPE F 891 IF $5.75 $5,123.25
26 CONCRETE VALLEY GUTTER 398 IF $5.90 $2,348.20
27 CONCRETE SIDE~lK (4") 860 SY $8.00 $6,880.00
28 GUARDRAIL 138 LF $10.50 $1,449.00
29 END ANCHORAGE ASSMBlY TYPE IV 4 EA $300.00 $1,200.00
30 SOO (BAHIA) 300 SY $1.25 $375.00
31 TYPE S ASPHALTIC CONCRETE (2 1/2") 4,642 SY $4.70 $21,817.40
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SUB-TOTAL $186,199.05
CONTI NGENT ITEMS
01 DOUBLE LIMEROCK (16") 150 SY $10.00 $1,500.00
02 ADJUSTMENT OF VALVE COVERS 4 EA $150.00 $600.00
03 ADJUSTMENT OF SANITARY SEWER RIMS 2 EA $150.00 $300.DO
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SUB-TOTAL 52,400.00
STRIPING
01 ROAD~Y SIGN 3 AS 5280.00 $840.00
02 REFLECTIVE PAVEMENT MARKER 145 EA $3.65 $529.25
03 SKIP TRAFFIC STRIPE, THERMOPLASTIC 80 LF SO.80 S64.00
04 SOLID TRAFFIC STRIPE, THERMO (11") 4070 LF SO.55 52,238.50
05 SOLID TRAFFIC STRIPE, THERMO (12") 400 LF $1.60 S640.00
06 SOLID TRAFFIC STRIPE, THERMO (18") 116 LF 52.15 5249.40
07 SOLID TRAFFIC STRIPE, THERMO (24") 130 LF 52.65 $344.50
08 REMOVE EXISTING PAVEMENT MARKING, THERMOPLASTIC 1 lS $250.00 5250.00
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SUB-TOTAL $5,155.65
GRAND TOTAL $193,754.70
ROUND~D TOTAL
FOR AGREEMENT $193,755.00
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2iJiI NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
Wr~t_r.. D~r_ct L~n_
L-\CSlr--.flLE 40"7/~7.--;-~755
(4.07) :a4.3-70gJ.
MEMORANDUM
Date: November 15, 1993
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Michael Lucas v. City of Delray Beach and Other
Similar Lawsuits
Previously, you authorized the law firm of Carson, Linn &
Adkins to represent the City in suits filed by Verna and James
Cook. We have now received a case filed by Michael Lucas which
contains many of the same issues and causes of action contained
in the Verna Cook and James Cook lawsuits. In addition, we
contemplate there may be a couple of other lawsuits raising the
same issues. Our office is seeking your approval of the
retention of Carson, Linn & Adkins for the Michael Lucas suit,
as well -a~other suits that may be filed which arise out of the
same nucleus of operative facts as the Verna Cook and James
Cook suits. It is our belief that having Carson, Linn & Adkins
handle all these suits will save the City time and money in the
long run because it is possible that at least discovery can be
consolidated.
By copy of this memorandum to David Harden, our office requests
that this matter be placed on the City Commission agenda for
approval.
Leonard Carson of Carson, Linn & Adkins will handle this case
and future cases on the same terms and conditions as the Verna
Cook and James Cook lawsuits, i. e. $100.00 per hour. Our
office feels that this amount is extremely reasonable for
lawsuits filed in Federal Court and handled by a firm who
specializes in this area of the law.
~~ll if you have any questions.
SAR: h\. e
cc: David Harden, City Manager 6L
lucas.sar
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt?~!
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SUBJECT: AGENDA ITEM it ?:D - MEETING OF NOVEMBER 23. 1993
AUTHORIZATION TO SUBMIT GRANT APPLICATION/LEON WEEKES EN-
VIRONMENTAL PRESERVE
DATE: November 19, 1993
This item is before you to authorize staff to submit a grant
application in the amount of $25,000 to the Department of
Environmental Protection to help defray the cost of developing the
Leon Weekes Environmental Preserve.
Recommend staff be authorized to submit a grant application of the
Department of Environmental Protection for funding in the amount of
$25,000.
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Mr. Harden, 11/17
Here is the complete
application and
Agenda I t4 supporting documents I
for agenda item. I
AGENDA REQUEST Doug Randolph
Date: Novemb~L LJ. L~~J
Request to be placed on:
XXX Regular Agenda (consent)
Special Agenda November 23, 1993
Workshop Agenda When:
Description of item (who, what, where, how much): Request Citl Commission
approval to submit request for grant funding in the amount of 25,000 trom
nt of Environmental Protection for construction of Inter retive
Trail at the Leort Weekes Environmenta reserve
(Example:.Request from Atlantic lUgh School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLU'l'IOH REQUIRED: YEe Draft Attached: YES/NO
Recommendation: Recommend approval to submit grant application.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature:
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City Attorney Review/
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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: B t~1
Approved for agenda: ESj NO '
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
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MEMORANDUM
TO: David T. Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
DATE: November 15, 1993
SUBJECT: REQUEST CITY COMMISSION APPROVAL TO SUBMIT REQUEST FOR GRANT
FUNDING FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR CONSTRUCTION OF INTERPRETIVE TRAIL AT THE LEON
WEEKES ENVIRONMENTAL PRESERVE.
Doug Randolph has located a source of funding that could provide a grant
of upwards of $25,000 to assist the City in constructing an
interpretive trail at the Leon Weekes Preserve. This trail is noted in
our Comprehensive Plan and was a stipulation in the joint purchase
agreement between the City and Palm Beach County.
I realize that we were not planning to do this work until FY 94-95,
however, since this opportunity is currently available it might be wise
to seek out these funds. The application guidelines give up to two years
from the effective date of the project agreement to complete our
project. The application review process will take several months which
will bring us closer to the FY 94-95 time frame. The trail may cost in
the neighborhood of $50,000 to build. This is a reimbursement type grant
and if our proposal is accepted we will need to locate the necessary
funds to do the work. We had talked previously that this trail needed to
be constructed prior to moving ahead with the controlled burn.
The application needs to be submitted prior to November 30, 1993. With
your approval I am requesting that this item be placed on the Commission
agenda for the November 23, 1993 meeting.
JW/DGR/SYMMS
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attachments
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Sym"" National Rec:reatJonal Trails Fund Grant Program
, .... Project Proposal Fonn
DEP USE ONLY
RECEIVED:
POSTMARKED:
APPL. NO.
INSTRUCTIONS: The purpose of this form is to provide suffICient information to determine the eligibility and suitability of projects
nominated for Symms National Recreational Trails Grant Provam fundin&. This application must be filled out in its entirety. Proposals
will be considered for either FY 1992-93 or FY 1993-9" fundin&. Incomplete applications will be returned to the applicant for comple-
tion within a specifted time period. Attach separate sheets as necessary. When completed. please return three (3) copies of the
application and all supportin& documentation to:
Department of Environmental Protection
Division of Recreation and Parks
Bureau of local Recreation Services
3900 Commonwealth Boulevard. Mail Station 585
Tallahassee, Florida 32399-3000
Phone 900<488-7896 or SUNCOM 278-7896
Please type or print neatly.
I - APPlICANT INFORMATION:
I. Name of Applicant or Orpnization: City of Delray Beach
2. Federal Employment Identification Number. 59-6000-308
3. Contact Person: Joe Weldon
Title: Director of Parks and Recreation
Address: 50 N.W. 1st. Avenue
City: Delrav Beach State: Florida Zip code: 33444
Telephone: 407 -ZiiJ 7251 SUNCOM 22..8.-- 7252 FA)<( 407 )~- 3774
4. Type of Applicant (Check One):
_ Private Individual XXX City or County Governments
_ Orpnization _ Other Government Entity
I hereby certify that the information provided in this a(>p&cation is vue and accurate. , further certify that , possess the authority to apply for this
grant on behalf o(the o(>plicant. .
Signature of Authorized Representative Date .-
David T. Harden
City Manager I.
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II - PROJECT INFORMATION
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I. Name of Proposed Project: Leon Weeks Environmental Preserve Interpretive Trail
2. Proposed Trail Use Type (Check One)
- Mlxed-Use/Corridor Sharlnl
XXX Non-Motorlzed Trail Use
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- MotorlzMJ Trail Use
3. Project Type (Check One)
- Development of urban traillinlcages near homes and workplaces
XXX ConstrUction of new trails on State. county. municipal. or private lands where a recreational need for such
constrUction is shown
- Development of traiI-side and traiI-heac:l facilities that m..c pis identified by the National Recreational Trails
Advisory Committee darna&ecI by usqe of recreational trails and back country terrain
- Provision of features which facilitate the access and use of trails by persons with disabilities (please provlcle a copy
of the applicant's Apncy Transition Plan as required under Sec. 50-4 of the Rehabilitation Act of 1975 as amended)
- Maintenance of existinc recreational trails (please provide a copy of the applicant's capital improvement plan)
- Restoration of areas damaled by use of recreational trails and back,ountry terrain (please provide a copy of the
applicant's capital improvement plan)
- Acquisition of easemenu for trails or trail corridors identified In . state trail pJan (please provide a copy of all
easement aveemenu pertainlnc to the proposed project)
- Acquisition of fee simple title to property from a w11linl seller if easements cannot be acquired
- Construction of new trails crossinl Federal lands, where necessary and required by a S.C.O,R.P
2.
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-4. Location (Show on DOT county road I1'1II(ilS or USGS 7 1/2 minute quadrangle sheeu):
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<1. City(ies) and County(ies):
ATTACHED
b. Beginning point:
NOTED ON ATTACHED TRAILS MAP (FIGURE 2)
c. Ending point:
NOTED ON ATTACHED TRAILS MAP (FIGURE 2)
.
5. Ownership (If more than one owner. attach a nst of owners and their apnts along with a map clearly showing the location of
each ownership):
Joint ownership between Palm Beach County and City of Delray Beach
Owner. Owner's Agent:
Address: Address:
Phone:( ) - Phone:( ) -
III GENERAL CRITERIA:
I. Briefly describe the proposed project:
1. The Leon Weekes Environmental Preserve is a 12 acre site known for its
Florida Pineland Scrub Habitat. Florida Scrub is one of the oldest
habitats in peninsular Florida. Moreover, this community consists of
organisms that occur nowhere else in the world. In 1988 the City of
Delray Beach and Palm Beach County jointly acquired the site with the
intent to preserve the site in its natural state as an intact Florida
scrub ecosystem for future generations, and to be used for scientific
and educational benefits for the citizens and visitors of the region.
Pursuant to the joint purchase agreement between the City and the
county, the City is required to install an interpretive trail
throughout the Preserve. The City of Delray Beach is seeking funding
\ support from the Symms National Recreational Trails Fund Grant
\ Program to assist in building this trail which is intended to provide
an educational perspective to the natural history of this site.
In July 1992, Florida Atlantic University prepared a Master Plan for
the Preserve. This is a comprehensive study of the biological and
environmental issues associated with preserving this 12 acre site.
This Master Plan will serve as our road map for the development of
this interpretive trail.
3.
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PALM BEACH COUNTY, FLORIDA
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CITY OF DELRAY BEACH, FLORIDA
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CITY uurrs _'-I~I_'_'-
I MILE , Leon M. Weekes
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SCALE
N Environmental Preserve
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CITY OF DE1.AAY 8EACH, F1.
PlANNING DEPARTJ.fENT
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Leo n M, Weekes
Environmental Preserve
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NOTE:
Scale 1" = 250'
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Fig u r e 2
T r a i I s Map
J un e 1 992
PI.ri4. ltl..tic Vli,.r.it,
D.,.rt.'lt .1 G..,r.,.,
CIS/I...l. S.I.il, L...r.l.r,
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2. Describe how the proposed project Is Identified in the local capical :r.rovement plan or the schedule of the adopted local
comprehensive plan (Include copies of any necessary documents/plans .
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The Leon Weekes Environmental Preserve as well as the Interpretive Trail
are mentioned in several elements of the City's adopted Comprehensive
Plan. Most notably they are found in the Conservation Element. These
pages have been attached for review. In addition. we have attached
Policy B-1.3 (page III-A-17) which states that the interpretive trail
will be built in FY 94-95. This timing falls within the application
guidelines.
3. Describe how the proposed project meets one or more elemenu of the document titled Outdoor Recreation in Florida.
.l1U.
The building of an interpretive trail within the Leon Weekes
Environmental Preserve would address issues noted in Chapter 8 as to the
destruction of our natural systems and the lack of environmental
awareness towards the importance of the preservation of our
environmentally sensitive lands. Representative portions of Florida's
natural systems must be preserved. Interpretive trails serve as a way to
increase awareness of these issues. On page 172 of Chapter 9 it is noted
that interpretive nature trails increase the environmental education
values tremendously and that preserves and sanctuaries should provide
these educational components.
<t. Describe how the proposed project meets a need identified In the document titled Outdoor Recreation in Florida. 1989.
Chapter 7 pages 126 and 127 go into detail as to the need for both
hiking and nature study trails in our part of the state (Region X). This
region continues to be one of the fastest growing areas in the United
States. As noted in the text. nature study and hiking link together to
provide the urban dweller a much needed release from the pressures of
day to day urban life.
\
\ Opportunities to visit Florida's natural environment the way it used to
be are increasingly more difficult to find. It is noted in the text of
the Florida Atlantic University study that only two percent (27.) of the
original scrub community remains in Palm Beach County. The construction
of an interpretive trail on this site will blend recreation and
education into an awareness of and need to preserve what is left of our
environmentally sensitive lands.
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CCNSERVATION ELEMENT
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. Soil Erosion
The only type of soil erosion which is of concern is
that of beach erosion. Beach erosion is mitigated
through the City's Beach Renourishment Program. See
the Coastal Management Element for a full description
of this program.
. Vegetative Communities'
Of the vegetative communities identified on the
"Inventory of Native Ecosystems in Palm Beach County,
Phase III Report", the Atlantic Dunes (Beach Strand
Community) and the Leon Weekes Environmental Preserve
are under public ownership for preservation purposes.
Pursuant to. the . joint purc::hase ag~eement between the
eref~"'f;1fti~i'~ftef;"thlf"'~f~'f1f"~'to "install an
iM:!el!pft!f't'1"I'" .:'."'t'flltt' ' · .~~mtt~>>' 'ttre'" "Leon Weekes
EnvJ...roRllenta'l,..PretJe%'V1!r~ "'l'hll1"tra.1i ,.is' . "intended "to
P~iW!.Q8,:,AA educational perapectJ.ve t.G tobe nat.ural
history of the vegetation of this geographic area.
The Hurricane Pines (five acres of Florida Scrub) site
and the Delray Oaks (24 acres, Low Oak Hammock) are in
private ownership and are subject to development.
Portions of these sites can be preserved through
acquisition, (including the County Environmentally
Sensitive Lands Acquisition Program) , extraction
(public site dedication provisions of the subdivision
regulations), or through sensitive development under
"planned development" concepts.
The Linton Corridor, Pine Flatwood and Lowson Scrub
areas are developed or subject to development and
cannot be preserved except for isolated trees which
border 1-95.
The FIND parcels and the City owned preservation parcel
can continue to be maintained in their undeveloped and
preservation state; however, the City should take
measures to insure that this is the case.
. Endangered, Threatened or Species of Special Concern
Of the endangered, threatened, or species of special
concern; the manatee is subject to danger from boat
traffic. That portion of the Intracoastal above the
Linton Bridge is a II no wake II zone; however, the area
south of the bridge which includes the C-15 inlet does
not have such restrictions. The several species of sea
turtles which nest upon the City's extensive coastal
beach are afforded some protection through the City's
"Turtle Nesting Protection" ordinance.
III-A-7
'.
4. REEDS AND REcOMMENDATIONS:
Summarizing from the above, the following needs and
recommendations are put forth from the Conservation Element:
. Continuation of beach erosion control program.
. Expansion and increased resources placed into the
wellfield protection program.
. Pursuit of additional water conservation programs.
. Development of a program or methods, including the
County Environmentally Sensitive Lands Acquisition
Program, for the preservation of all or a part of the
following sites:
. Hurricane Pines, 5 acres, Florida Scrub;
. Delray Oaks, 24 acres, Low Oak Hammock
. The FIND parcels
. Both the city and the South Florida Water Management
District promote water conservation through public
education. However, in times of crisis both entities
may impose restrictions on the outdoor use of water
(irrigation, car washing, etc.). While such efforts
have been sufficient in the past, greater demands upon
the areas water resources dictate that additional water
conservation measures, particularly those directed
toward a reduction in normal conservation, be created.
. Establishment of an interpretive trail at the Leon
Weekes Environmental Preserve.
. Computerization of irrigation systems for public spaces
at a conversion cost of $50,000 a year for five years.
III-A-9
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. ..:~,
Policy B-1.2 The Oelray Oaks area of the Alfieri Pugliese
Park of Commerce and Hurricane Pines along S.W. 10th Street
should be preserved in part through sensitive site planning.
_...OI..iC.....B, -1.3, . An inter~retati_v:$,<,.t.;r:.l+ ....'V.:\rel(l.-",.hall be,
" ," .'~'9r-ti'teo:tf 'Weet~s Efiv'I:t'6nIDEuita'1 P'reserve in FY (
''-:'" ?, ' "lY,''''~''::~'~
, .....
. .
Policy B-l.4 Upon adoption of this Plan and through
programs set forth in the Intergovernmental Coordination
Element, the City shall obtain the wetland area along 1-95
(c3) .
Policy B-l.5 (Oeleted by Amendment 92-1)
Policy B-l.6 Natural reservations which exist as historic
sites shall be protected through the continuing
implementation and enforcement of the City's Historic
Preservation Ordinance. (c7)
Policy B-l.7 The City's Landscape Ordinance shall provide
for the removal of existing invasive exotic species such as
Australian Pine, Brazilian Pepper, and Melaleuca on private
property as development and/or redevelopment occurs. It
shall also prohibit the planting or cuI ti vation of these
species anywhere within the City. [LOR's Section
4.6.16(G)].
Obiective B-2:
To increase public awareness and provide for the protection
of flora, fauna, and wildlife through programs of education
and regulation.
Policy B-2.1 The submission of a biological survey and a
habitat analysis shall accompany land use requests for plan
amendments, rezonings, and site plan approval. However, the
requirement shall not apply to small parcels, developed
parcels, or where it is apparent that there are not such
resources. (cl) [LOR's Section 3.3.4(B)].
Policy B-2.2 Whenever and wherever significant or sensitive
flora and fauna communities are identified pursuant to
Policy B-2.l, they shall be preserved as if they were
environmentally sensitive areas as identified in Objective
B-1. [LOR Section 3.3.4(B)]
Policy B-2.3 A tree permit shall be necessary to remove or
destroy any tree which has a diameter of four inches or
greater on other than single family lots. [LOR's Section
2.4.6(G)] .
I1I-A-17
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5. Describe how the proposed project provides access to or between any of the following:
..:.. ~"
-
a. public parks or other recAationallands or facilities;
N/A
b. features or areas of historic. cultural, bi%&ical or archaeo/op significance;
This site contains 13 endangered plants including the Curtis Milkweed,
Scrub Mint, Prickly Pear and Recurved Wild Pine. Additionally, 28
species of vertebrates and 6 species of invertebrates are fQund here
at least part of the year including the Scrub Jay and Gopher Tortoise.*
c. existing intermodal transportation corridors or trail systems; and/or
N/A
d. urban. populated areas.
N/A
6. Describe how the proposed project will provide urban linkage betWeen homes and workplaces.
N/A
7. Describe how the proposed project preserves a trail or trail corridor that is In danger of being lost to the local community.
N/A
* Data taken from the Florida Atlantic University Study, 1992.
5.
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8. Pleas. indicate which of the following apply. (check all that apply) (attach supporting documentation)
-0.
N/A _a. a pre-advertized. announced public meeting was held for the sole purpose of discussing the protect;
_b. the project was discussed at a regularly scheduled meeting of the applicant's advisory board;
_c. public input on the proposed project was obtained through presentations to community organizations.
neighborhood associations and/or a written opinion survey.
IV - FINANCIAL INFORMATION:
I. Total Cost of Proposed Project: $ 50tOOO NOTE: Trail will be
1/2 mile loop 8 feet
2. Symms Act Funds Requested: $_~,S, 090 wide with 1" asphalt
covering supported
3. Estimated land value (include explanation of how estimate was determined): by 6" lime rock base
NOTE: Land value is not being used as local match
... Local Funds Available: 25,000
a. Cash $
b. In-Kind $ -0-
c. Land Value $ -0-
Total Local Funds Available: $ 25,000
-NOTE*'" If property value will be used as a local contribution. the applicant must submit to DEP an appraisal which
establishes the market value of the project site. If the property value is $500.000 or less. one appraisal is
required. If the property value is over $500.000. two appraisals are required.
6.
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v - SPECIFIC CRITERIA
I. For Multi-Use Projects Only.; c. I Nt A
a. Describe how the proposed project will support recreational trail use by both motorized and non-motorized trail
usen:
b. The proposed project will provide opportunities for the following recreational trail uses: (check ALL that apply)
-I. Hiking _5. Motorcycling
_2. Bicycling _6. Off-Highway Vehicles Q.e.. +wheel drive aucks. jeeps, etc.)
_3. Horseback Riding _7. All-Terrain Vehicles
_<4. Jogging _8. Other (list all):
_5. Canoeing
2. For Motorized Projects Only: N/A
a. The proposed project will: (check only one)
-I. repair/restore designated motorized trails impacted by normal use
_L develop motorized trail facilities on an existing trail corridor
_3. acquire easements for trails or trail corridors for motorized trail use
b. The proposed project will provide recreational trail opportunities for the following uses: (check all that apply)
- I. Motorcycles - 3. Off-Highway Vehicles (i.e.. -4-wheeI drive trUCks, jeeps. etc.)
_2. All-Terrain Vehicles - -4. Other (list all)
7.
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3. For NOll-MototUed Projects Only:
...:...,
.
a. The proposed project will: (check only one)
- I. Acquire easemenu for trails or trail corridors
XK.....2. Develop recreational trail facilities on an existinS corridor
_3. Improve/repair existin& non-motori2:ed recreational trail facilities
b. The proposed project will provide recreational trail opportunities for the following uses: (check all that apply)
XXI. HikinS - ... Horseback RIdInS
_2. Bicycling _5. Canoeing
_3. jogging _6. Other:
7/30/93 - BB 8.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfJ1
SUBJECT: AGENDA ITEM it ~ t: _ MEETING OF NOVEMBER 23. 1993
FINAL PLAT APPROVAL/CAMBRIA CREST
DATE: November 19, 1993
This item is before you to approve the final plat for Cambria Crest, a
residential subdivision, located at the southwest corner of George
Bush Boulevard and North Ocean Boulevard.
This subdivision plat is required as a condition of site plan
approval. Cambria Crest consists of six fee simple lots, a common
area (Tract A), a drainage easement and utility easement. Access to
the lots will be taken from George Bush Boulevard. No access is
proposed from Ocean Boulevard.
At their November 15th meeting the Planning and Zoning Board certified
the final plat for Cambria Crest. The plat has been properly prepared
and is now ready for Commission action.
Recommend approval of the final plat for Cambria Crest, subject to the
condition that prior to release of the plat for recordation, a
financial guarantee be provided for all public improvements.
~~-D
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
0~ Dc
THRU:
FROM:
SUBJECT: MEETING OF OCTOBER 26, 1993
APPROVAL OF FINAL PLAT FOR CAMBRIA CREST
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Cambria Crest, a residential
subdivision of six townhome lots.
The project is located at the southwest corner of George
Bush Boulevard and North Ocean Boulevard (State Road AlA).
B A C K G R 0 U N D:
The subject property is vacant and has not had any previous
development history. On August 6, 1993 the City received a site
plan and plat submittal for a townhouse development at the
subject property.
Cambria Crest consists of six fee simple lots, a common area
(Tract A), a drainage easement and utility easement. Access to
the lots will be taken from George Bush Boulevard, through Tract
A where the parking will be located. No access is proposed from
Ocean Boulevard.
The site plan received conditional approval from the Site Plan
Review and Appearance Board on September 22, 1993. One of the
conditions of approval was to process a subdivision plat. The
only outstanding issue is the provision of a financial guarantee
to cover all public improvements (i.e. sidewalks). This item
will be required prior to the recordation of the plat. The plat
is complete and is now before the Commission.
PLANNING AND ZONING BOARD CONSIDERATION:
Cambria Crest is considered a major subdivision which would
normally require preliminary plat approval by the Planning and
Zoning Board. However, the site plan was allowed to act as the
preliminary plat and as such, received its approval from the
Site Plan Review and Appearance Board.
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City Commission Documentation
Cambria Crest Final Plat
Page 2
Therefore, all findings that are required with the preliminary
plat were made with the site plan/preliminary plat and are still
appropriate.
The Planning and Zoning Board certified the final plat for
Cambria Crest by a vote of 5-0 (Currie and Fulton absent) on
November 15, 1993. There was no public testimony at this
meeting.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for the Cambria Crest
subdivision, subject to the following condition:
* That prior to the plat being released for recordation, a
financial guarantee be provided for all public
improvements.
Attachment:
* Location Map & Reduced Plat
T:CAMBR:I:AC.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERpJv{
SUBJECT: AGENDA ITEM i ~F - MEETING OF NOVEMBER 23. 1993
FINAL PLAT APPROVAL/BELAIR HEIGHTS
DATE: November 19, 1993
This item is before you to approve the final plat for Belair Heights
(Bi-Lo Grocery) located at the southwest corner of Atlantic Avenue and
S.W. 9th Street.
This minor subdivision plat is required as a condition of site plan
modification for the expansion of Bi-Lo Grocery. The proposed plat
will combine four lots and a portion of an abandoned alley into two
tracts and will dedicate additional right-of-way along Atlantic
Avenue. The plat also provides two utility easements and an ingress
and egress easement for access between the two lots.
The plat has been properly prepared and is now ready for Commission
action.
Recommend approval of the final plat for Belair Heights.
~E-O
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. oX
e11
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~J)~~~
PR NCIP ER
/S~7i . ,
FROM: Y OR
PLANNER
SUBJECT: MEETING OF NOVEMBER 23, 1993
APPROVAL OF FINAL PLAT FOR BELAIR HEIGHTS
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Belair Heights (Bi-Lo
Grocery) .
The project is located at the southwest corner of Atlantic
Avenue and Southwest 9th Avenue.
B A C K G R 0 U N D:
In December, 1992, a major site plan modification for the
expansion of Bi-Lo Grocery was submitted. After staff review,
the modification was heard by SPRAB on February 10, 1993. SPRAB
approved the modification pursuant to conditions, one being the
processing of a minor subdivision plat.
The applicant went back before SPRAB on June 30, 1993 to
discuss the requirement to plat the property. After discussion,
SPRAB upheld their previously imposed condition requiring the
processing of a plat.
The plat for Belair Heights was submitted on July 16, 1993.
The proposed plat will combine four (4) lots and a portion of an
abandoned alley into two tracts (B and C) and will dedicate
additional right-of-way along Atlantic Avenue. The plat will
also provide two (2) utility easements and an ingress and egress
easement for access between the two lots.
After review and submission of a revised plat, all staff
comments have been addressed. The plat is now ready for City
Commission action.
'.
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City Commission Documentation
Final Plat - Belair Heights
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board is not required to review minor
subdivision plats. However, all issues that would have been
addressed with the review at the Planning and Zoning Board, such
as final engineering plans and the need for a FDOT permit, were
addressed at the time the modification was approved by SPRAB.
RECOMMEND E D ACT ION:
By motion, approve the final plat for Belair Heights.
Attachment:
* Location Map & Reduced Plat
or:SILOCC.DOC
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.', _~l U~ ~AIU LUT~ J, 5 AND 6 AND THE
LX'iLl<UJ\L AHC AREA FORMED BY THE 25.00 FOOT RADIUS AT THE NORTHEAST CORNER OF SAID
.' LOT 6, SECTION 1:, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA
AUGUST 4, 1993 PREPARED BY: BURLISON A. GENTRY
GENTRY ENGINEERING AND LAND
SURVEYING, INC.
P.O. BOX 243
DELRAY BEACH, FLORIDA 33447-0243
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'TON: ACKNOWLEGHIENT:
) STATE OF FLORIDA )
If ) THE UNDERSIGNED HEREBY CERTIFIES THAT COUNTY OF PAUl BEACH ) BEFORE ME PERSONALLY
IT IS THE HOLDER OF A MORTGAGE UPON , TO ME Hf'
) PROPERTY AND DOES HEREBY JOIN IN AND CONSENT TO THE TO HE, AND WHO EXECUTED THE FOREGOING INSTRUMENT AS
\NDS DESCRIBED IN THE DEDICATION HERETO. BY THE OWNER
'HAT IT'S MORTGAGE WHICH IS IN OFFICIAL RECORD BOOK OF THE ABOVE NAMED BARNETT BANK, WEST PALM BEACH AND
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ME HE EXECUTED SUCH INSTRUMENT AS SUCH OF SAID COR POI
D TO THE DEDICATION AS SHOWN HEREON. SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE CORPI
JIE CORPORATION HAS CAUSED THESE PRESENTS TO BE SIGNED SAID CORPORATION AND THAT IT WAS AFFIXED TO SAID INS"
;L TO BE AFFIXED HEREON BY AND WITH THE AUTHORITY OF AND REGULAR CORPORATE AUTHORITY.
GRS. WITNESS MY HAND AND SElIL THTS CO"., M
T'l:"\ nITT':"l"" ", .",
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[0"/
SUBJECT: AGENDA ITEM i 1;(;- - MEETING OF NOVEMBER 23. 1993
EMERGENCY MANHOLE REPAIR/LINDELL BOULEVARD
DATE: November 19, 1993
This item is before you to approve the emergency repair of Manhole No.
23A located on Lindell Boulevard and to approve the award of contract
for this project to Johnson-Davis, Inc. in the amount of $15,000.
Site investigation and closed circuit TV inspection showed that the
manhole had separated from the gravity sewer, thereby causing massive
infiltration. Three quotes were received for the work.
Johnson-Davis, Inc. was the low bidder.
Recommend approval of the emergency repair of Manhole No. 23A located
on Lindell Boulevard and approve the award of contract to
Johnson-Davis, Inc. in the amount of $15,000 with funding from Water
and Sewer Renewal and Replacement Sewer Systems/Manhole Rehab (Account
No. 442-5178-536-61.84).
~ S-o
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Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: Nov. 17. 1993
xx Regular Agenda
Special Agenda
Workshop Agenda When: Nov. 23. 1993
Description of item (who, what, where, how much): Staff reqQest
Commission aDDroval of an emeraencv Durchase order to Johnson-Davis in
the amount of $15.000.00 for emeraencv reDair of a sinkina manhole on
Lindell Blvd. The subiect manhole has seDarated from the aravitv sewer
connected to it resultina in massive infiltration of around water into
the sewer system. Johnson-Davis has submitted the lowest of three (3)
qQotes solicited for Derformance of the work. The funding source for
this eXDenditure is account #442-5178-536-61.84.
ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED: YE~
Department Head Signature: ~ w~r ~
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of fl.l'lds):
Fund~ng availabl~:~NO
Fundl.ng alternatl.VeS (if applicable)
LJ Account No. & Description ~i.2. ~''''ff 2:::::.~~ ~ ~
pi"...... Account Balance 'S flN,. }/J 'l9-NMbt ~
. . m ~387 82-Y-~
Cl.ty Manager Revl.ew: ~ ~
Approved. for Agenda: @NO t'10
Hold untl.l: '
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
~ -C{t;,/, '-f9' ~.;r
1100/1)3
7-9,000 -..
~{ ~2-'f.B
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Richard C. Hasko, P.E.~
Deputy Director of Public utilities
SUBJECT: Emergency Manhole Replacement
Lindell Blvd.
DATE: November 17, 1993
Attached please find an agenda request and a copy of quotes
obtained through Purchasing Department for the emergency
replacement of a sinking manhole on Lindell Blvd. The condition of
the structure was reported on November 16, and the attached quotes
were solicited that afternoon. site investigation and closed
circuit TV inspections show that the manhole has separated from the
gravity sewer connected to it and there is massive infiltration
occurring.
The lowest of three quotes obtained to perform the work is
$15,000.00 from Johnson-Davis, and we are requesting approval of an
emergency Purchase Order to Johnson-Davis in that amount.
The funding source for this work is account #442-5178-536-61.84.
cc: William H. Greenwood, Director of Environmental Services
Ted Glas, Purchasing Officer
File: Emergency Repairs
Memos to city Manager
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11/17/93 09: 13 'l1'HI7 585 :>252 ,Tnll:-;sn\-n~ n S ~OO3
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JOHNSON.DAVIS INC.
HEAVY cOWrmUCTlON c(f_t><4.c4.1'.1 UNOERGROUNO UTIUTlES
60d HILLBRATH DAIVE
LAN""'.,NA. FLORIDA 3:}<<i2
c.Q7"S88-1170
November 17,1993
:MI. Ted Glas, Purchasing Officer
City of Delray Beach
100 N.W, 1st j\venue
Dekay Beach.. J.lorida 33444
RE: SA.1\fITARY SEWER REPAm.- 646 LTh'l>ELL BLVD.
Dear Mr. Glas:
As requested by the Department of Environmental Services, the fonowing
is our proposal for sanitary manhole placement.
Remove and replace (1) sanitary manhole and up to 13 LF of811 PVC SDR
in twO directions. Sod and pave as needed.
LUMP SUM.. ,...... ....__........ ...,"...... ..... ...__ _.......... .., .'.....' ,. ,$15,000,00
THE ])ROPOSAL EXCLUDES:
- wate." meter and deposit for hydrant
~ all pcmuts
- thermo stripping
SCTIEDULE IT .\.WARDED CONTRACT BY 4:00 PM, 11/17/93
- submit proposal, Wednesday 1111'7/93
- schedule utility locate, Thursday 11/18/93
- perform utility locates and mobilize equipment, Friday 11/19/93
- install dewatering system, Monday 11/22/93
- remove and replace manhole, Tuesday 11/23/93
- clean-up, Wednesday. 1l/24/93
- sodding and paving by Decemher I, 1993
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J. .l ' J. , 'f cJ tJ '-' " . ..L oJ .... .. ',I, .J J 'J oJ.....J_ II. .' .. '.-.' . '.' -
Ifwe may be of any further assistance, please contact our office.
~ell ~
trd -- ~
cott J, 'ohnson
President
SJJ/pmc
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SOUTHERr" PIPELINE, INC.
UTIl.111FS CONTRACTOR
1471 Neptune Drive
Boynton Beach, Florida 33426
(407) 732.6711
City of Delray Beach November 17/1993
434 S. Swinton Ave.
Delray Beach/Florida 33444
Department of Environmental Services
Ted Glas
Project
Bid proposal for replacement of existing sanitary manhole.
Manhole 23A
646 Lindell Blvd. .
Delray Beach, Florida
Manhole Replacement
1 Precast Manhole 12 " Base (Delray Spec.)
Cut 11.50
26' 8" P.V.C. S.D.R. 35
2 8" Fernco Adapters
20 Sq. Yds. Asphalt Replacement (Driveway)
15 Tons 3/4 Wash Rock
1200 Sq. Ft. Sod Replacement
1 Sprinkler repair as needed
1 Sewage bypass pumping (While under construction)
1 Trucking and Dump Fees of wasted material off site.
Manhole Replacement Total 16,850.00
1. Permits and fees by City.
2. F.H. Meter by city.
3. Jetting and Cleaning of sewer main by city..
4. Cost for city inspector to be paid by city.
Note.
A. Estimated starting time.(Friday - 1~19-1993)
B. Estimated time of completion. (Thursday - 11-24-1993)
~AA, ~f\
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~-17'-93 .....En 4:42 CH.=::,Z EQUIP. CO. It.~C.
P . 0 1
'855 Dr. Andre's Wey, Unit 5 e ~~" PH: (407) 278.4451
Delray Beach, FL 33445 n FAX: (407) 278-5149
-, - --- -. -
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Post.lt'. brand fax transmillal memo 7671
Fro",
'f".f'......,...!)...
Co, :-- I .<:-.'
PROPOSAL '-" t'.. J .1
Phono * 0
FIX - d: ? .1"YI~ Fu.
[)atel Nave..be.... 17, 191)3
proQosal Sub~itted Tot Wor~ !R ~ Performed At:
City of Del....ay Beach 6fS Lindell Str.
't34 S. Swinton Avenue Oelr"'ay Beach, Florida
Delray Be.ch, FL 33444 Date of Plan 51 None
ATTN: Mr'. Ted Gla ~
We hereby propos. to furni~h and install the following~
1. 10' - H~' MANHOL.E W/10" BASE, BOOTS, AND RING AND COVER.
2. REPLACE e& LF OF Sit VCP W/2& LF OF 8" SDR 35.
3. RESTORATION.
4. REMOVAL FROM SITE E.X1SnNG MANHOLE AND <IF NECESSARY
TREES) TREES ARE NOT TO BE REPLACED IF REMDVED.
The above work to be perfor~ed in accordance with ver"'bal
inforllation received 'r"'o. City Officials at job location.
5. MOT INCLUDED.
6. NO BYPASS PUMPING.
7. MOBILIZATION IS CONTINGENT UPON RECEJPT OF NEW MANHOLE.
TOTAL LUMP SUM PRICE-------.-------------Dollar$ <$25,450.00) I
With pay.ent to be .ade as follows-----....30 days of invoice.
Any alteY'ation or' deviation 'FrOIl above specifications
involving e)(tra cost!f. wlll be e)(ecuted only upon written
order', and will b~collle an extra cha....ge ove.... and above the
e sthate. All agreeMents contingent upon st....H~es, aecidents,
0.... delays b~yond our'" cont....ol.
Ref>pectfuUy sublllit.ted
PeY'
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI TY MANAGER &"'1-1"1 !
SUBJECT: AGENDA ITEM it 1;H - MEETING OF NOVEMBER 23. 1993
CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAYMENT/WYNN AND
SONS ENVIRONMENTAL CONSTRUCTION. CO. j
I
DATE: November 19, 1993 j
j
This item is before you to approve a change order to the contract with I
Wynn and Sons Environmental Construction Company, in the amount of I
$1,700 which also extended the contract completion date for the I
completion of Add Alternate Nos. 2 and 3 to the Lift Station No. 86 I
Replacement project. !
Add Alternate No. 2 is for slat fence inserts and is necessary in I
order to improve the aesthetics of the project. Alternate No. 3 is I
for additional concrete pavement and is necessary in order to tie the
as-built location of the slab into existing conditions, i.e. pavement.
I
Additionally, Wynn and Sons have requested final payment in the amount
of $4,850 for completion of the project. Staff has reviewed the work
and found it to be satisfactorily complete.
Recommend approval of Change Order No.2 in the amount of $1,700 and ,
the request for final payment in the amount of $4,850 from Wynn and I
Sons Environmental Construction, Company; with funding from Water and I
Sewer Renewal and Replacement - Lift Station Conversion to Submersible I
(Account No. 442-5178-536-61.83). 1
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Agenda Item No.:
AGENDA REQUEST
Date: November 12, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 23, 1993
Description of item (who, what, where, how much): Staff reauests Citv
Commission approval of Chanae Order #2 in the amount of Sl.700.00 to Wvnn and
Sons Environmental Construction Co.. Inc. and an extension in contract time of
54 days to September 30. 1993. This work is for Add Alternate #2 for slat fence
inserts and Add Alternate #3 for concrete pavement at Lift Station #86
Replacement lproiect No. 91-75). In addition. staff reauests Citv Commission
approval for final payment of S4.850.00. since all work has been completed and
accepted bv Eckler Enaineerina Consultants and citv staff.
Attached please find correspondence bv the consultants and a contractors
performance report.
Fundina source for this work is account # 442-5178-536-61.83
ORDINANCE/RESOLUTION REQUIRED: YE~ DRAFT ATTACHED YES~
Recommendation: Staff recommends approval of Chanae Order #2 and final payment
for replacement of Lift Station #86. ~1
Department Head Signature:~ ~~~~~~~~~f~/~/~ 3
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: 1!JINO
~ Funding alternatives (if applicable)
Account No. & Description tA-t:. (wLs.)" JJF.rS'TA'T~ jib ~L1~16{ t;
Account Balance :j '71/3'f-I .l-q ~2... .s:l'g, .<;:'3, '- 'I. 2-. ~
City Manager Review:
Approved for agenda: ~NO {~1
Hold Until: ~ [1/- (
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG175N12.MRM
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MEMORANDUM
DEPARTMENT OF ENVIRONMENTAL SERVICES
TO: David T. Harden
City Manager 1L/d(f; /1/16
FROM: William H. Greenwood
Director of Environmental Services
DATE: November 16, 1993
SUBJECT: REPLACEMENT OF LIFT STATION #86
CHANGE ORDER #2 AND FINAL PAYMENT
Attached please find an agenda request for City commission
approval of Change Order #2, to Wynn and Sons Environmental
Construction Co, Inc. and request for final payment to the
contractor for this work. Change Order #2 consists of Add
Alternate #2, fence slat inserts and Add Alternate #3,
concrete pavement in the combined amount of $1,700.00 as
listed in contractors submittal dated July 28, 1992 (see
attached) for replacement of Lift station #86. The
requested time extension for this work is 54 days for a
project completion date of September 30, 1993. This change
order represents a 2.7% increase in the contract sum for a
new total of $64,700.00.
In addition, staff requests approval of final payment on the
amount of $4,850.00 as recommended by the consulting
engineer (see attached letter). The funding source for this
work is from account #442-5178-536-61.83.
WHG:JA:mm
attachments
File: Project No. 91-075 (D)
WHG175DH.MRM
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 Final PROJECT NO. 91-75 DATE:
PROJECT TITLE: Replacement of Lift Station #86
TO CONTRACTOR: Wynn and Sons Environmental Construction Co, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
As requested by the City, Contractor is to provide and install those items noted as
Add/Alternates #2 and #3, dated July 28, 1992, submitted by Wynn and Sons Environmental
Construction Co, Inc.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 63,000.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 63,000.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 1,700.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 64,700.00
PER CENT INCREASE THIS CHANGE ORDER 2.7 %
TOTAL PER CENT INCREASE TO DATE 2.7 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 54 CALENDAR DAYS TO 9/30/93
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
CONTRACTOR SIGNATURE (CONSULTING ARCHITECT OR ENGINEER)
(Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 442-5178-536-61.83
FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
Project Manager Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
CH175N12.MRM
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, 4. LUMP SUM BID
,',: BlDOBR agrees to accept as full payment for the Lump Sum work' proposed
........ under this project as herein Specif.ied and as shown on the Drawings, based
upon the undersignecl' 8 own estimate of quantities ancl c08ts, the following
lump 8um ofa , '
, SU:J - .~. -tA-A-(.(,.. ';)Li:.n.,LJ. Dollar8
.' . .'. ~.
and (.~ cent 8 $ ~_3/d()o ~"
ii, (amount ,watten in words, has-precedence) J;, .:
.':' LUMP SUM BASB BID BRBA1U)OWN
.'.. " 'lor the ~ole purpo.e of evaluating bids, the following general
of the total LUMP BUK BID 1. to be q1ven. The pr10e breakclown'.hall be
fairly apportioned to the various part. of the.Work. If so reque8ted by
the BNOINBBR, the CONTRACTOR shall sub8tantiate any price or prices with
additional detailecl price breakdown. In the event of di8crepancy between
the written lump sum stated in LUMP SUM BID and the arithmetic total of the
following BIDDBR. BRBAJtDOWN, the lump sum statecl in writing above shall have
prececlence. ._"
"l
(The Bidder must submit with this Proposal the apportioned amounts for the "Y'
items li.ted below.) '.
. ~'~~)I,'
l!:!m Descriction Total Amount ,\
1 Dismantle and
convert existing ~
L.S. 86 to -' .-
sanitary lllaDhole. $ ~. 000
.
2 Chain Link rence ~
and Oate '-? '
(section 02831) $A ,Of!)O
.
3 Duplex submersible
pump station (complete) ~ / ~ e-
(Section 11310) $ -.:J ~J "^^'"
.. ,1.1 .
Total Lump Sum B'.tse Bid $ 6. '3', ,,~ -
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BID UBAItDOWIf J'OR ADD/ALTBRNATB ITBHS .
The followiDq itema shall be bid separate from the lump sum figure
above. The sole purpose of this .ection is to provide a basis for ,..'.
determining payment for the following items in 'the event they become "rl,-" '
necessary for the successful'completion of this project.. "
lJr.IIIl De.criDtion, Total Amount '"
1 - Asphaltic Pavement . ~
(Section 02510) . $ .( /OC)
M
$ ~C){j -
Concrete Pavement j ~
(Section 03300) $ /. /C:;O
,
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Ei ECKLER ENGINEERING
CONSUL TING CIVIL ENGINEERS
October 4, 1993
215.C3
Mr. Richard Hasko, P.E.
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Fl 33444
Dear Mr. Hasko:
".. Reference: Replacement of Lift Station Number 86
City of Delray Beach Project Number 91-075
Enclosed are three (3) original copies of the Certificate of Substantial Completion for the
above referenced project and three (3) original copies of Contract Modification Number 2.
The Certificate of Substantial Completion sets the date of Substantial Completion for this
project of September 13, 1993. Final Completion for this project was to follow within 17
days of the Substantial Completion Date which was September 30, 1993. The final punch
list for this project has been attached to these documents indicating that their completion
will be required prior to final completion of the project.
Contract Modification Number 2 covers the requirements for add/alternate items necessary
for the proper completion of the project. The change order covers the inclusion of
add/alternate item number 2, Slat Fence Inserts and add/alternate item number 3, Concrete
Pavement. The total for this change order is a contract addition of $1,700.00. The contract
time for this project has also been increased by 70 days to cover unforeseen delays in the
completion of this project due to the final certifications of the new gravity sewer system
installed along Barwick Road under a separate contract
Please review these documents and if everything is satisfactory, have the proper City of
Delray Beach personnel accept the Certificate of Substantial Completion on page CSC-2
where indicated by "City Accepts this Certificate of Substantial Completion On". The date,
a signature and the typed name and title of the person signing are all required. The
contract modification requires a signature of the appropriate City of Delray Beach
personnel in the lower left hand comer where indicated by Owner.
Once these documents have been completed, please return two (2) original copies of each
document to our office. We will forward one copy of each to the contractor, Wynn & Sons
Environmental Construction Company, Inc. and we will retain one copy of each for our
files.
9381 WEST SAMPLE ROAD. CORAL SPRINGS, FL 33065 305/755-1351
Printed on Recycled Paper FAX 305/755-2741
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Mr. Richard Hasko, P.E.
October 4, 1993
Page 2
H you have any questions or require additional information pertaining to these documents
or the project in general, please do not hesitate to contact our office.
Sincerely,
fj+- A~
Douglas K Hammann
Encl.
215C3.038
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E ECKLER ENGINEERING
October 15, 1993 CONSUL TlNG CIVIL ENGINEERS
215.C3
Mr. Richard Hasko, P.E.
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Fl 33444
Dear Mr. Hasko:
Reference: Partial Pay Request Number 4 (Final)
Replacement of Lift Station Number 86
City of Delray Beach Project Number 91-075
Enclosed are three (3) copies of Partial Pay Request Number 4 (Final) from Wynn & Sons
Environmental Construction Company, Inc. for work completed during the period of
September 21, 1993 through October 12, 1993. We recommend funding the requested
amount $4,850.00 as tinal payment for the above referenced project.
Items for which payment is being requested which were completed during the final
construction period consist of:
1. Work as contained in Contract Modification Number 2. This work involved
the installation of the slat fence inserts and the concrete pavement of the lift
station site.
2. Release of the remaining 5% retainage being withheld on this project
Please review the enclosed Partial Pay Request Application and if you find everything in
order, please sign and date all copies of the application and place this Pay Request in line
for payment at your earliest possible convenience. One copy of the Pay Request is to be
returned to Wynn & Sons Environmental Construction Company, Inc. with their payment
and one copy is to be returned to Eckler Engineering for their files.
H you have any questions or require additional information pertaining to this payment
recommendation or the project status in general, please do not hesitate to contact me.
Sincerely,
~;:t:~~
Encl.
215C3.039
9381 WEST SAMPLE ROAD. CORAL SPRINGS, FL 33065 305/755.1351
Printed on Recycled Paper FAX 305/755-2741
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~~........-....~ #-__ .....:oar.....-..:~.;......~__,.. ...",~" ... ........ _._-..'.__.__._,_._....__.___
. [;> ~ Yt IMHE ~ V 1A\[P)(f.>[bD~&TD@~ /o/lz/93
DATE :
- ~~fID ce~~fnIFDCAfli
PROJ NO : 7/- tJ 7S-
~D~~A1(yJ~1& [t)~@[E
APPLlCATION NUMBER: 'I
PER I 00 FROM . 7/:1/ /73 I TO /()//z/73
I
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PROJECT NAME : ~ e p /0<:€1'}1( n f of L, S ." ~&
CONTRACTOR: ~nt1 4 Sa"s &J,),;(JY)me~f~,J COl'1slruc/ioY) /nC.
The contractor Is due the payment In the alount shown
on the succeedln~ pages as payment for work completed
tn accordance wl h the provisions of the contract.
Eckler Engineering: ])~A-~ Date : 10//4/<:13 I
Owner : Da t e :
-
Date :
ACKNOWLEDGMENT OF PAYMENT
We have received payment In the alount IndIcated
on the ApplIcatIon and CertifIcate.
Contractor : nl'/ f s b.;, IOY} rnea/-o,J ~S1fUCI-) ~r1 /fie.
Address: r::; fflcl(YJ !-O'l', LafeWr,~ 1M, 33~L
By : ifJ.", tJ~ . Date: /O/IZ}z.j
Title: ~ '
PLEASE SIGN AND RETURN ONE COpy OF THIS
ACKNOWLEDGMENT TO THE ENGINEER. r
SIgnature
FE ECKLER ENG I NEER I NG L
. ................... ... .. .. '
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l? iA\ iOOm~jj 1A\[;)1?ll. D ~~ V D @~ DATE: /11//2/73 I
.
~ ~ lID <<: (g i:l V D fF 0 <C iA\ VrE PROJ NO: ~ / - 0 7 S-
_ .L
APPLICATION NO.: t; PERIOD FROM ___9/2/ /93 TO /d//Z /73
PROJECT : 'RePIa~fh~ d L,S. 8(0 ,
TO OWNER : c,d"7 a-f /)e ITa '1
FROM CONTRA~TOR : W~~. <I StJ/J5 E/lVI/drlhl",?ld {'~sfr<.1Ct.~ Ine,
THRU ENGINr_1 : ECKler- b;Cj,n~-er'/JJ
,/
U ORIGINAL CONTRACT SUM: $ {; '3,000,00
2) APPROVED CONTRACT MODIFICATIONS: . I, 700, 00
.
3) CONTRACT MODIFICATIONS APPROVED THIS PERIOD ~ ~
( II ST CONTRACT MOD I F I CAT I ONS NO~ S. ) :r-
AND ATTACH COPIES OF CONTRACT MODIFICATIONS)
.) REV I SED CONTRACT AMOUNT (SUI of L I nl' 1 & 2) : . 6'1 J 700, 00
&) TOTAL VALUE OF MORIC COMPL.ETED TO DATE: . &;'-1 L 700. 00
S) LESS AMOUNT RETAINED: ( 0 I~ . 0'
7) SUBTOTAL (L1na & · Line 6) : . ~ 'I, 700.00
.
8) l.ESS PREVIOUS CERTIFiCATES FOR PAYMENT: . 5'7. g'So.c>o
.
(Line 7 frol PrevtouI Appllcltlon)
9) CURRENT PAYMENT DUE (Line 7 - Line 8): . '" ~50,OO
10) BALANCE TO FINISH PLUS RETAINAGE : . ()
il) PERCENT PRO.JECT COMPLETE: (/bO I)
CONTRACTOR~S CERTIFICATION
.
The Under_lgned Contractor Certlfle. :
t) The work covered by thts Application for Pay.ent hal been co.plated In
accordance with the Contract DOcullntl.
2) All preVious progress pay.ants received f~ol the OWNER on account of Work
done under the contract referred to above have been applIed to dllcharge
In ful I II I obligations of the CONTRACTOR Incurred In connection with Work
covered by prior Appllcalons for PaYlant nUlbered 1 thru ._.___ Inclusive.
3) Title to all laterl.l, and equlp.ent tncorporated ln .Ild work or otn.rwlse
lilted In or covered by thta Application forPay..nt will paas to the OWNER
11 till of pay.ant frea and clear of all liens, clatls. ,ecurlty Interests
and enculbrances (except auch I' covered by bond acceptable to the OWNER).
~ ptJJ~ /tJ/lZiJ3
Contractor ~, Oat.
PAYMENT OF THE AMOUNT IN ~ 101/411:>
liNE g IS RECOMMENDED. Pro let Repruentltlvl Date
EE ECKLER ENG' NEER I NG Sheet . J of 3
.. .......... .., .......... . ............. -..
. .........
....... .... . ..... .... .. .. .
-:---,..-.0..-,.....
~P~-26-9Z MON 16:ee ECK~ER ENGINEERING 7ee2741 P.04
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS J
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # ~~ - MEETING OF NOVEMBER 23. 1993
REOUEST FOR FINAL PAYMENT/PROFESSIONAL ENGINEERING CONSUL-
TANTS. INC.
DATE: November 19, 1993
This item is before you to approve a request for final payment in the
amount of $3,230 from Professional Engineering Consultants, Inc. for
completion of the conceptual alternatives, for the proposed 0.5 Million
Gallon Northeast Storage Tank, Booster Pump Station Building and
Chemical Feed Facility.
Staff has reviewed this project and found it to be satisfactorily I
complete. All submittal materials have been received.
Recommend approval of the request for final payment in the amount of
$3,230 from Professional Engineering Consultants, Inc. with funding
from 1993 Water and Sewer Bond Fund - Northeast Storage Tank (Account
No. 440-4179-536-63.54).
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Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: Nov. 16. 1993
xx Regular Agenda
Special Agenda
Workshop Agenda When: Nov. 23. 1993
Description of item (who, what, where, how much): Staff reauests
Commission aoproval of final pavment to Professional Engineerina
Consultants. Inc. in the amount of $3.230.00 for services provided in
coni unction with Services Authorization No.6. development of conceptual
alternatives for the orooosed 0.5 MG Northeast Storage Tank. The total
service authorization amount aooroved by Commission is $4.090.00. and
all submittal materials have been received. The fundina source for this
oroiect is account #440-5179-536-63.54.
ORDINANCE/RESOLUTION REQUIRED: YE~ DRAFT ATTACHED: YE~
aooroval of final oavment to
for com letion of Servi e
Department Head Signature:
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if appl icable):
Budget Director Review (required on all items involving expenc:li ture of fU'lds) :
Funding available: ~/NO
Funding alternatives /79 S.3b .&.3 5'1- (if appliZble)
~Account No. & Desc~Ption ~ ~~~ rl~-
Account Balance ?-t7Q' 0 . -//?rIK-
City Manager Review: ~TVfY\I;; c- Ihs /I
Approved for Agenda: (!f/NO M
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager ~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: Professional Engineering Consultants, Inc.
Final Payment - Service Authorization No. 6
DATE: November 16, 1993
Attached please find an agenda request and a copy of a final
invoice for consulting services from Professional Engineering
Consultants, Inc. in the amount of $3,230.00 for services provided
in conjunction with Service Authorization No. 6., development of
conceptual alternatives for the proposed 0.5 million gallon
northeast storage tank. The total Service Authorization approved
by Commission is $4,090.00 and all submittal materials have been
received.
The funding source for this payment is account #440-5179-536-63.54.
cc: William H. Greenwood, Director of Environmental Services
File: 93-035(0)
Memos to City Manager
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PEe
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
INVOICE customer No. 659-2 ~M~
City of Delray Beach
Environmental Services Invoice No. 4844
434 South Swinton Avenue Date: November 9, 1993 ~~~
Delray Beach, Florida 33444 'I!',}/'
l
Attention: Mr. William H. Greenwood '/N(
*************************************************************
BILLING NO. 2
Project No. 93-035
Purchase Order No. 521527 Ref. No. DB-09-1.0 332090
Task Order No. 6
Description of Services under Task Order No. 6 -
Period Ending: 10/31/93
Develop with city staff conceptual alternatives for proposed
facilities including a 0.5 m.g. storage tank, and a booster
pump station building, and a chemical feed facility.
Lump Sum Fee of $4,090.00
100% Complete = $4,090.00
Total Earned To Date $ 4,090.00
Less Previous Billings ( 860.00)
AMOUNT DUE THIS INVOICE $ 3,230.00
COST SUMMARY
Contract Amount $ 4.090.00
Amount Earnf~d This per-iod $ 3.230.00
Amount Previously Earned $ 860.00
Amount Remaining $ 0.00
engineers
planners
surveyors 200 East Robinson Slreet . Suite 1560 . Orlando, Florida 32801 . 407/422-8062 . FAX 407/849.9401
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~J
SUBJECT: AGENDA ITEM i 8S - MEETING OF NOVEMBER 23. 1993
REOUEST FOR FINAL PAYMENT/PALM BEACH COUNTY
November 19, 1993 I
DATE: I
This item is before you to approve a request for final payment in the I
amount of $4,352.01 from Palm Beach County for utility main I
relocations performed in conjunction with the County's roadway
improvement project at West Atlantic Avenue and Military Trail. I
I
The original budget for this project was $86,541.50. We have received I
invoices from the County, including this request, which total
$66,478.86. The savings are as a result of final field measured
quantities and changes to the project which included abandoning
relocated mains in place rather than removing them.
Recommend approval of the request for final payment if the amount of
$4,352.01 from Palm Beach County with funding from Water and Sewer
Renewal and Replacement Water Distribution System Improvements
(Account No. 442-5178-536-61.78).
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Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: Nov. 15. 1993
xx Regular Agenda
Special Agenda
Workshop Agenda When: Nov. 23. 1993
Description of item (who, what, where, how much): Staff re~ests
Commission approval of final ~ayment to Palm Beach County in the amount
ofS 4.352.01 for utility main relocations performed in coni unction with
the County's roadway improvement project at West Atlantic Ave. and
Military Trail. The original expenditure approved bY Commission was
$86.541.50 and invoices from the County total $66.478.86. Savinas
results from the difference between contract auanti ties and final
measured auantities for structures. limerock base material. valves and
sample points as well as abandonina relocated mains in place rather than
removinq them. Funding source for this proiect is account #442-5178-
536-61. 78.
ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED: YES@
Recommendation: h
County.
Department Head Signature:
Determination of consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if appl icable):
Budget Director Review (required on all items involving expenditure of fl.Wlds) :
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
city Manager Review:
Approved for Agenda: @NO m
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
'.
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MEMORANDUM
TO: David T. Harden
City Manager P.E.(~~
FROM: Richard C. Hasko,
Deputy Director of Public utilities
SUBJECT: West Atlantic Ave.jMilitary Trail
Water Main Relocation
PN 91-028
DATE: November 15, 1993
Attached please find an agenda reques.t and copy of a final invoice
from Palm Beach County for the relocation of City utility mains
performed in conjunction with the County's project for i.mprovements
to the West Atlantic Avenue and Military Trail intersection.
The amount of the final payment is $ 4,352.01 from funding account
#442-5178-536-61.78. The original purChaSE! order approved by
Commission for this work was for a tot,al of $ 86,541.50. The total
of all invoices from the County including this final billing is
$ 66,478.86 resulting in a net credit~ to the City of $ 20,062.64.
The savings is a result of the difference betwfi!en contract
quantities versus final field measured quantities with respect to
conflict structures, water main valves, sample points, and
additional limerock for the roadway base course over utility mains.
Also contributing to savings on the contract was a field decision
to abandon relocated mains in place rather than removing them.
cc: William H. Greenwood, Director of Environmental Services
Ted Glas, Purchasing Officer
Ralph Hayden, City Engineer
File: 91-028 (D)
Memos to City Manager
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loard of County Commissioners County Administrator
.1ary McCarty, Chair Robert Weisman
(en L. Foster, Vice Chairman
(aren T. Marcus,
:::arol A. Roberts. Department of Engineering
Narren H. Newell and Public Works
Burt Aaronson
Maude Ford Lee
November 9, 1993
City of Delray Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
Attention: Mr. George Abou-Jaoude
RE: utility Relocation Reimbursement Agreement
West Atlantic at Military Trail
Invoice number: 86112C-005
Gentlemen:
Pll.~ase consider this a request for payment for expenses incurred
during the period May 31, 1993 through August 31, 1993 for utility
relocation work on the above project.
utility work throu?h August 31, 1993 $ 66,478.86
Less previous invo1ces paid $-62,126.85
Amount due this invoice $ 4,352.01
Ploase draf1: a warrant in t.lle amount of $ 4,352.01 payable to the
Board of County Conm\.issione:l:'s and forward to:
Cashier
Engineering and Public Works Dept.
P. o. Box 21:a29
West Palm BE:i'lch, Florida 33416
Sincerely,
9. a.~
"(~ "
- .L 11/"l1~
Evelyn lIen, Director
Adlninistrative Servi.ces
attachments
cc: Cashier (acct numb = 360-361-0233-6994)
"An Equal Opporll,r.ily - Affirmative Action Employer"
@ prinled on '8q'Cled pllp<1f Box 21229 West Palm Ih~c\ch, Florida 33416-1229 (407) 684-4000
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [If'?
8 {(, I
SUBJECT: AGENDA ITEM it - MEETING OF NOVEMBER 23. 1993
RESOLUTION NO. 106-93
DATE: November 19, 1993
This is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
236 S.W. 1st Avenue. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $990 remains unpaid.
Recommend approval of Resolution No. 106-93 assessing costs
to board up an unsafe building located on property at 236 S.W. 1st
Avenue.
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RESOLUTION NO. 106-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant, to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building codes and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner(s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfa:::e pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (50) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
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WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
'levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s) ,
I that the City Commission of the City of Delray Beach has levied an assess~
ment against said property for the cost of abatement action regarding an
unsafe build~ng by the thirty (3D) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum, ;
plus reasonable attorney/sfees and other costs of collecting said sums. !
- 2 - Res. No.106-93
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Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
I herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
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i Section 5. That in the event that payment has not been re-
I
! ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
I the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1993.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 1 06 - 9 3
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NOTICE OF ASSESSMENT
Date
TO: David J. and Panel C. Schildmeier
ADDRESS: 135 Montclair Avenue, Waltham, MA 02154
PROPERTY: 236 SW 1st Avenue. Delray Beach. Fl 33444
LEGAL DESCRIPTION: SI/2 of Lot 21 and Lot 22 (less W8'), C.H. Diggans.
sub. Blk. 55, according to Plat Book 8. Page 58 of the official records of
~alm ~each ~ounty, d.
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $qqO 00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
. 1993. has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 11-9-93
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an, emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 11-11-93
at a cost of $990.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
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Copy of all notices referred to in this notice are available in the
office of the Buildtng Official.
BY ORDER OF TilE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM it <6L-- - MEETING OF NOVEMBER 23. 1993
AWARD OF BIDS AND CONTRACTS
DATE: November 19, 1993
This item is before you to approve the award of the following bids and
contracts: i
i
1. Swinton Avenue Beautification - American Lighting
Maintenance, Inc. in the amount of $413,765 with funding from
Decade of Excellence Phase II - Neighborhood Improvements
(Account No. 228-2712-524-61.76/$31,690) and Swinton Avenue
(Account No. 228-4141-572-61.48/$382,075).
2. Repairs - Vacon Truck - Southern Sewer Equipment Sales in
the amount of $11,690 with funding from Water and Sewer Equipment I
(Account No. 441-5141-536-46.20). I
3. Lowson Headwall - Delray Marine Construction, Inc. in the
amount of $11,850 with funding from Stormwater Utility Fund -
Lowson Boulevard- E-3 1/2 Canal Headwall (Account No.
448-5461-538-62.21).
4. Rental Rehab - various properties and contractors - in the
amounts indicated below; with funding from CBDG Rental Rehab
(Account No. 118-1975-554-49.19): I
A. 235 N. Swinton Avenue - Ray Graeve in the amount of
$15,000 (City's share).
B. 117 S.W. 1 st Avenue - Intercontinental Construction in
the amount of $22,962 (City's share).
Recommend approval of the award of the above bids and contracts with
funding as indicated.
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. Agenda Item No.:
"'-GENOA REQUEST
Date: 11/16/93
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 11/23/93
Description of agenda item (who, what, where, how much) I
Bid Award for Swinton Avp.n1IP RPRl1ri fi r<>t-i nn
Proj ect #92-42
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
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Department Head Signature: ~C-~ ~ ~ -
l
Determination of Consistency with Comprehensive PlaD:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required OD all ite.s involving expenditure
of funds):
Funding available: B NO
Funding alternative . (if applicable)
i (~ccount No. & Description: ~~~~~~4-61. 76 & 228-4141-572-61.48
~ ccount Balance: 'l:!oE' ~fl.'7I - NSC.tf.(~~O{ll.d;fo+rIP1E!..rr...t II 32../} 7?~
:P.C>.E Pit n-- 'S:Wr/'lfOf'J ~ ~ jJ 9-3? 6eS.cr-;
City Manager Review: I
Approved Cor agenda: fiy/ NO t~1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTLl2J
RE: SWINTON AVENUE BEAUTIFICATION/AWARD OF BID
DATE: NOVEMBER 16, 1993
ITEM BEFORE THE COMMISSION
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Consider award of bid for Swinton Avenue Beautification, Project No. 92-42
to American Lighting Maintenance, Inc., in the amount of $413,765.00.
BACKGROUND
Swinton Avenue Beautification was advertised as Bid No. 94-01 on October 13,
1993 and bids were opened on November 10, 1993.
Four bids were received as follows:
American Lighting Maintenance, Inc. $413,765.00
ARZ Builders, Inc. $447,274.00
Florida Design Irrigation, Inc. $515,856.00
Florida Blacktop, Inc. $598,910.00
A summary of the review of the bids by A. Grant Thornbrough and Associates
is attached. Staff has also reviewed the bids and are in agreement with the
Consultant's analysis.
FUNDING SOURCE
A portion of the funding for the project in the amount of $31,690.00 is to
come from the Decade of Excellence 'Neighborhood Improvement Fund' Account #
228-2712-574-61.76 approved by the City Commission at their September 28,
1993 meeting. The balance of the funding is to come from Decade of
Excellence 'Swinton Avenue Beautification', Account # 228-4141-572-61.48.
RECOMMENDATION
Staff recommends that the Commission consider award of bid for the Swinton
Avenue Beautification Project, No. 92-42 to American Lighting Maintenance,
Inc. in the amount of $413,765.00.
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A.GRANT THORNBROUGH AND ASSOCIATES 11m
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November 15, 1993
- Jim Reynolds, P.E.
Chief Design Engineer
City of Delray Beach
434 South Swinton Avenue
Delray Beach, Florida 33444
Re: Swinton Avenue Beautification
Project No. 92-42
We have had the opportunity to examine the 4 bids submitted for the
Swinton Avenue Beautification project. The following is a summary of our
review.
FLORIDA BLACKTOP, INC. $598,910.00
1. Did not include schedule of values for the plant material in our
bid package.
2. Did not fill out trench safety act on page P-13.
3. Did not give us list of sub-contractors.
4. They have not indicated that they have had any experience in a
similar project.
5. They are $185,145.00 above the low bidder's total
evaluated bid and are the highest bid.
FLORIDA DESIGN IRRIGATION, INC. $515,856.00
1. They have included the schedule of values of plant material.
2. The bid is in order.
3. They have indicated that they have done work similar to this
project.
4. In the schedule of bid prices they are approximately
$30,000.00 above the other bids on type "0" curbing, $12,000.00
above the other bids on sidewalk reconstruction, and $102,091.00
above the low bidder's total evaluated bid.
5. They have not included a list of sub-contractors.
Landscape Architecture
and Land Planning
132 North Swinton Avenue
Delroy Beach. FL 33444
(407) 276-5050
Fax: 276-8777
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ARZ BUILDERS, INC. $447,274.00
1. Did not include the schedule of values for plant material in our
bid package,
2. In the schedule of bid prices, they seemed to be out of line in
the South 2nd Street intersection improvements. They were
approximately $32,000.00 above the other bids on this item.
3. We are missing sheets P-14 through P-18 in our bid
packag e.
4. There is an error in their computations- Their total evaluated
bid is $447,274.00 and we have calculated it to be $444,274.00
AMERICAN LIGHTING MAINTENANCE, INC. $413,765.00
- 1. The bid is complete and professional in all respects and
includes the schedule of values for plant materials.
2. They are a highly qualified and experienced firm.
3. We initially questioned the schedule of bid prices -sixty day
watering and maintenance item of $2,500.00. However, after
speaking to Howard Searcy from American lighting Maintenance,
Inc. we understand that the landscape line item included money
for the watering in of the plant material for 60 days after substantial
completion. At the time of the contract, we request that the
watering price be removed from the landscaping line item and
placed in the sixty day watering and maintenance line item so that
time of payment will reflect the time of work.
As previously stated, we recommend acceptance of American lighting
and Maintenance, Inc. in the sum of $413,765.00 based upon their low
bid price and their professional and complete bid package.
Sincerely,
c~or~lz~
A. Grant Thornbrough and Associates
cc: Nancy Davila, City Horticulturist
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Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: Nov. 15. 1993
xx Regular Agenda
Special Agenda
Workshop Agenda When: Nov. 23. 1993
Description of item (who, what, where, how much): Staff reauests
Commission aDDroval of an S 11.690.00 exoenditure for needed reDairs to
the City utilities DeDt. Vac-Con Truck (VID 4#455) bY Southern Sewer
EauiDment Sales reDresentinq Vac-Con Industries. Inc. . the vehicle
manufacturer. ReDairs invol ve R&R on the fan assembly and vacuum
chamber due to deterioration from normal use of the equi~ment. These
repairs must be made by the manufacturer due to the sDecialized nature
of the equipment. Repairs will reauire aDproximately seven days. The
fundinq source for this work is account 4#441-5141-536-46.20.
ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED: YES@
Recommendation: Staff recommends for reDairs to
the C't Vac-Con Truck.
Department Head Signature: ~
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if appl icable) :
Budget Director Review (required on all items involving expendi ture of funds) :
Funding available: ~NO
... Funding alternatives (if applicable)
~ccount No. & Description 441 ,/ 'fI S36 1J.b;;;1..{) vJ Is - EZJ) l./Jp tY /h ,..r;:-
ecount Balance -i I~R97- ~Z-- ,
City Manager Review:
Approved for Agenda: @/NO M
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager ~,~
FROM: Richard C. Hasko, P.E.~~
Deputy Director of Public utilities
SUBJECT: Repairs to Vac-Con Truck (VID #455)
DATE: November 15, 1993
Attached please find an agenda request and a copy of a quote from
Southern Sewer Equipment Sales representing Vac-Con Industries,
Inc., for repairs to the fan assembly and vacuum chamber on the
subject vehicle. The vehicle is six years old and normal wear and
tear during daily routine useage of the equipment has resulted in
deterioration of the vacuum chamber and fan assembly. This
condition is a potential safety hazard since a rupture of the
chamber walls during operation could result in the ej ection of
metal particles at high velocity causing serious personnel injury
and property damage. Due to the specialized nature of the
equipment, these repairs must be accomplished by the vehicle
manufacturer.
The quote for the repairs is $ 11,690.00 with funding from account
#441-5141-536-46.20. Repair time is estimated at seven (7) days.
cc: William Greenwood, Director of Environmental Services
Ted Glas, Purchasing Officer
Richard Corwin, Deputy Director of Public Works
Mike Offie, Water/Sewer Network Superintendent
File: W/S/ Network Equipment
11/23/93 Agenda File
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SENT flY: SOUTHERN SEIJJER EG1U I P 11-12-93 12: 16Pt'1 407595917l-1DELRA'l ErN. SERVICES "* 1
~ SOUTHERN SEWER EQUIPMENT SALES
506 S. U.S. 1 . Ft. Pierce. Ft. 34950
QUOTATlON .
FROM INQUIRY NO.
LAVERNF
DATE
1l/1?/qq
TERMS
OEUVERY
TO Cit.y of Delray
PRICES OUOlCD AR~ F,O.B.
Sc.ott Solomon
1-407-243-7060
WE ARE PLEASED 10 QUOTE ON YOUR INQUIRY AS FOL1..0W5:
OUANnTV DE!CRlP1l0N PRIC&' IW
Here is the information that you requested... .......
3 stage fan assembly ... Estimated Cost ONLY/Labor
INSTALLATION...
Blower" . . . " . . *' . . . . *' . . . . , . . . . . . . . . . . . . . . . . . . . . . .. . . " $9,640.74
Sheave, Belt & Bushing . "' .......... .... ..... .... 1,000.00
Labor estimated 15 hours @ $70.00 l,OSO.OC
Total ,11,690.0C
(407) 595..917' FAX 1-800-182-4134 (407) 895-6940
. - ..... "...
"/1, Woman Owned 8uslnessll
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MHMORANDUM
TO; DICK HASKO, DEPUTY DIRECTOR OF PUBLIC UTILITIES
FROM: MICHAEL S. OFFIE, BUPT. OF WATER/SEWER NETWORK
SUBJECT; VAC - CON FAN ASSEI-1BLY
DATE: NOVEMBER 3, 1993
SCOTT SOLOMON HAS BROUGHT TO MY ATTENTION THE NEED TO REPLACE THE
VACTOR TRUCK FAN ASSEMBLY. THE METAL IN THE CHAMBER AND FAN
ASSEMBLY IS WEARING THIN FROM NORMAL WEAR AND TEAR. IF THE
VACUUM CHAMBERS SHOULD RUPTURE, PARTICLES OF METAL COULD BE
EJECTED AT HIGH VEI,OCITY CAUSING SERIOUS PERSONNEL INJURY AND
PROPERTY DAMAGE.
TO HAVE THIS ASSEMBLY REPLACED, THE VAC-CON WILL HAVE TO BE
RETURNED TO THE FACTORY FOR SEVEN (7) DAYS.
COSTS FOR THESE REPAIRS ARE APPROXIMATELY $12,000.00.
A RAPID RESPONSE TO THIS REQUEST IS APPRECIATED.
THANK YOU
/~ ~ ~~
-~ ~, .
~CHAEL- S OFF E
SUPERINTENDENT OF WATER/SEWER NETWORK
CC: FILE
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Agenda Item No.:
AGENDA REOUEST
Date: Id,dca~
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 23. 1993
Description of item (who, what, where, how much): Staff requests award of the
Lowson Boulevard E 3-1/2 Canal headwall construction to Delrav Marine
Construction. Inc. in the amount of S 11. 850.00. This pro;ect consists of
constructina a 10' hiah bv 25' wide rip rap wall with a concrete cap in the
E 3-1/2 Canal north of Lowson Blvd. The Pro;ect No. is 93-41: Fundina source
for the pro;ect is 448-5461-538-62.21.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the Lowson Boulevard E 3-1/2 Canal
Headwall to Delrav Marine Construction. Inc. . the lowest responsive responsible
bidder in the amount of 11 850.00.
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Department Head Signature: \
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: E VNO
Funding alternatives ~f applicable)
Account No. & Description u::>w.so/"J ~v[) - E-?' llz ~ ~,ffu -:;~",""w~J-.:t:)
it. ~count Balance it /I r ~ !f-'f'iJ m! s.3,S! ~. 2./
, I~
C ty Manager Review:
Approved for agenda: ~/NO t?1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID HARDEN
CITY MANAGER
THRU: WILLIAM GREENWOOD, P.E.
DIRECTOR OF ENV. SVCS.
FROM: RALPH HAYDEN, P.E. ,\--~:t\/1
CITY ENGINEER l~
DATE: November 9, 1993
SUBJECT: LOWSON BOULEVARD E 3~ CANAL HEADWALL
PROJECT No. 93-41
QUOTE No. 886
------------------------------------------------------------------
I Attached is an Agenda Request for the Regular Commission Meeting on
,1/23 '13 M-1lJ\1st. 18, 1992, requesting award of the construction contract for
the referenced project to Delray Marine construction, Inc. Their
quote in the amount of $11,850.00 was the lowest responsible
responsive quote.
We sent proposal forms and specifications to eight (8) contractors,
of these, three (3) submitted quotes. This was a lump sum bid and
the three (3) quotes received were as follows:
....... ......... .. .......... . . ... ... ............. .. .. ..1.......... ..... ....... ........ .. ,...................,...................
.,....................- - ,--..-.......",.........._- ---......".."",.". ..--.---....-................-.,.,...".., ......"...........----.......... ............."...---..............................,.............................
p;1.fiVM:a.:t"iri~~a.~Q\tilifta.1iriKi~i.riii~I~I.rilli
................const.ruct.iorHUjhic...'.......................constru6tiOD~>,'IDCW...'...>........coDstructiOn.W.....zti6W
....................---- ...."..,......._._---_.-...~ .................-._-........-..,.,......_...-..---..-......,.,..,.,...........-- ....,...."..,..,..........-................,..,..,..........--................,.,...,..,.
.._...... ,.., ,....__.._.__.. ,., H....' ............,... ........................._..___......_ ,.... ,....._..._.__.___._....., .., ............... _............................................,..........._..__.__._.........................
.......'."......-.---.......,..".,...........,...-...- ..-.......................-..-.........,.....-.--.-..-............,.,.,...,..,.....,.. ',.....,..,.....................................,..............--.-...-.................'..".
...,.........,.....,.........--......,.,................,...... ....-.........................-..--....-...........-.....-...-....-......"'.".'..'..'..'. ..,.-.......,....................................,........,.........-...,................,....
.-....--....- ...-.'...'................. ......................,.."., ".-' .'....................-......-..- -....................... .-....,..,..,..,..,..... "','.' ,.........,................... ............................... ..'-........,...........
. -...................... ..-.................... ....'............................ -.- ----....................-.-........-.................. .. .'.'...'......-..........,...................................,.,......... ...... ....'.............
......---..................... ......................."... , --......................... ----.......................... -- .................. .... .. . ............................. .......................... ....... ..,........
,~~;~~q~9()<$~~~'7$oicjp$~'ii'!j7Wgcj
As this construction is a maintenance item, requested by FPL and
Lake Worth Drainage District, it was felt, asking for quotes would
expedite the selection of a Contractor. Furthermore, it was
estimated, the low quote would come in just under $10,000.00.
Since the low quote is over $10,000.00, Commission approval is
being requested.
This project consists of constructing a riprap headwall with a
concrete cap, dredging the canal, and grading and sodding the back
slope in the E 3~ Canal north of Lowson Blvd.
The funding source for this project is 448-5461-538-62.21.
RH: kb
Attachments
cc: Ted Glas, Director of PurChasing
File: Project No. 93-41 (D)
Memos to City Manager
AR9341. 001
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F=PL
February 10, 1992 :', . .
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Mr. Shaughn Webb
Lake Worth Drainage District
13081 S. Military Trail
Delray Beach, Florida 33484
Re: E-3 1/2 Canal
Dear Shaughn:
The north header wall of the E-3 1/2 Canal on Lowson
Boulevard has deteriorated, allowing the surrounding
soil to fill in the Canal. The eroding soil is beginning
to expose an existing Florida Power & Light feeder cable and
conduit system which runs parallel to the north side of
Lowson Boulevard.
Could you have someone please look into this situation as
soon as possible.
Sincerely,
~~ ~J4'
Louis Zorzi
Distribution Engineer
LZ/nc
an FPL Group company
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Is:
lOWSON
tE
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LOCA TION MAP
E-31 CANAL
:t25'
EXISTING EXISTING
54" CIolP 84" ClAP
EXISTING
_ _ L-::::::.FPL CONDUIT
I I I I
I I I I
LaWSON 8 0 U: L ~ V A 1 D :
I I I I
I
0 I I I I
4:
0
c::
c::
~
0
0
,
SITE PLAN
N.T,S.
CITY of DELRAY BEACH LOWSON BLVD PC
~ ENVIRONMENTAL SERVICES DEPARTMENT ~ E 3-1/2 CANAL HEADWALL
PROJECT No. 93-41 3 of 6
434 SOUTH SWINTON AVENUE, DELRAY BEACH. FLORIDA 33444 LOCATION MAP & SITE PLAN
'" ' '
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I" :1:25' "I
PROPOSED
:1:15' HEADWALL
MA TCH
EXISTING
GRADE
t")
~ --.....
~LEX'SnNG ~
t") PROPOSED 84" FLOW LINE 54"
~ BACK SLOPE - -'-)-----7--
EXISTING "-.... ----
FPL CONDUIT PROPOSED ~
I FRONT ELEVATION
PROPOSED FLOW LINE
HEADWALL NTS
EXISTING
84" CMP
SIDE ELEVATION
NTS
- <t -
LOWSON BOULEVARD
I
. . . . . . . . , . .
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EXISTING PROPOSED
FPL CONDUIT HEADWALL
EXISTING EXISTING
84" CMP :I: 25' 54" CMP
PLAN VIEW
NTS
NOTES: 1, PIPE LOCATIONS AND DIMENSIONS ARE APPROXIMATE
AND SHALL BE FIELD VERIFIED BY THE CONTRACTOR
2, LENGTH OF HEADWALL SHALL BE FROM EAST
BANK TO WEST BANK OF CANAL,
CITY of DELRAY BEACH LOWSON BLVD PC
ENVIRONMENTAL SERVICES DEPARTMENT ~ E 3-1/2 CANAL HEADWALL
PROJECT No. 93-41 4 ot 6
434 SOUTH SWINTON AVENUE. DELRAY BEACH. FLORIDA 3344. MINIMUM SPECIFICATIONS
'. ......
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PROPOSED
RIPRAP HEADWALL
I' :t25' "I
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PROPOSED
12" x 12"
... . .a.. CONCRETE CAP
3'
PROPOSED
/"" RIPRAP
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EXISTING XISTING
....... .-/
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FRONT ELEVATION
NTS
NOTES: (1) ALL RIPRAP BAGS SHALL BE SECURED BY PINNING, USING
No, 4 REINFORCING BARS 18 INCHES IN LENGTH, AS FOLLOWS:
(0) THE CONCRETE CAP SHALL BE SECURED USING BARS @ 2' O,C..
EXTENDING 6" INTO CONCRETE CAP AND 12" INTO TOP OF RIPRAP,
(b) THE END BAGS SHALL BE SECURED USING TWO BARS PER BAG.
ONE VERTICAL AND ONE DIAGONAL.
(c) THE NEXT TO LAST BAG ON EACH END SHALL BE SECURED
BY A BAR WHICH IS DRIVEN DIAGONALLY.
(d) BAGS LOCATED OVER THE PIPE SHALL BE SECURED
BY A BAR WHICH IS DRIVEN DIAGONALLY,
(e) ALL REMAINING BAGS SHALL BE SECURED WITH A SINGLE BAR,
(2) BARS SHALL BE DRIVEN TO ONE INCH BELOW THE SURF ACE OF
THE BAG,
(3) THE COST FOR FURNISHING AND INSTALLING THE BARS SHALL
BE INCLUDED IN THE LUMP SUM PRICE OF THE RIPRAP WALL.
CITY of DELRAY BEACH LaWSON BLVD PG
ENVIRONMENTAL SERVICES DEPARTMENT ~ E 3-1/2 CANAL HEADWALL
PROJECT No. 93-41 Ii of 6
434 SOUTH SWINTON AVENUE, DELRAY BEACH. FLORIDA 33444 RIP RAP DETAIL
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PROPOSED
FL, ELEV. SECTION A-A
NTS
CITY of DELRAY BEACH LaWSON BLVD PG
ENVIRONMENTAL SERVICES DEPARTMENT ~ E 3-1/2 CANAL HEADWALL
PROJECT No. 93-41 6 01 6
434 SOUTH SWINTON AVENUE. DELRAY BEACH. FLORIDA 3344. RIP RAP SECTION A-A
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: NOVEMBER 17, 1993
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: NOVEMBER 23, 1993
Description of item (who, what, where, how much):
CASE' ADDRESS RR AMT. INVESTOR'S AMT
93-004RR 235 N. SWINTON AVENUE $15,000.00 $34,455.00
93-006RR 117 SOUTHWEST 1ST AVE. $22,962.00 $22,963.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT RENTAL
REHABILITATION PROGRAM GRANT AWARD AND CONTRACT AWARD FROM ACCT.
#118-1975-554-34.65 INVESTOR'S SHARE AND ACCOUNT #118-1975-554-49
.19 RENTAL REHABILITATION SHARE
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55). ~ ~
Department Head Signature: ~-/ ...... .-=.
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:~/NO
~ Funding alternatives: (if apPlicable~ ~
Account No. & Descriptio~ 11~ 1'1/)" SS-lf 3'1- ,,~ CJTI -:esv fvkrOif-; f2e~!::,~L~
Account Balance: 1\9: ,'nr SSlf Y-9 l'j Ha VS(N<J ~4f+<-> As~ t:f3)
City Manager Review:
Approved for agenda: f!JlNO m1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.. J~CLvOrs ~vtJL ~
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MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert Barcinski, Assistant City Manager I~
FROM: Ted Glas, Purchasing Officer viJt
DATE: November 17, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
NOVEMBER 23, 1993 -BID AWARD - BID #94-10
RENTAL REHABILITATION PROGRAM
Item Before City Commission:
The City Commission is requested to award a contract to contractors as
listed below, for rental rehabilitation projects.
Background:
The Community Development Division handles and processes their formal
bids on rental rehabilitation projects, with funding from their rental
rehabilitation budget.
Property Contractor Amount
235 N. Swinton Ave. Ray Graeve Const. $49,455.
(The City's Share - $15,000.)
117 SW 1st Ave. * Intercontinental Const. $45,925.
(The City's Share - $22,962.)
*The low bidder for this project is South Florida Construction at
$34,650. However they did not submit the required unit price
breakdown. Their bid can not be properly evaluated by Community
Development Staff, and is considered unresponsive. The in-house
estimate for this project is $46,310.
The Community Development Coordinator and the Director of Community
Improvement have reviewed the bids, and recommend award to above
stated contractors.
Recommendation:
The Purchasing Officer concurs with the recommendation to award to
the low responsive bidders as stated above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
c: Lula Butler
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M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR2J~
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT~
DATE: NOVEMBER 17, 1993
SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD
ITEM BEFORE THE COMMISSION
This is to request approval of two Rental Rehabilitation Deferred
Loans. This request is in accordance with the City's Community
Development Division's approved Policies and Procedures.
BACKGROUND
The program provides for the rehabilitation of investor owned
substandard units, located within the CDBG Target Area. Contract
awards are based on actual cost of the rehabilitation to an
eligible structure. Owners are eligible for a dollar for dollar
match of Rental Rehabilitation Funds for total cost, not to
exceed $8,500 per unit.
Community Development staff provides the detailed work write-ups,
cost estimates for work specifications, and bid process for all
eligible structures. Investors are required to escrow their
share of the cost with the City prior to the issuance of the
Notice to Proceed.
Inspection of work will be done by the Community Improvement
Department's Building and Community Development Divisions.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and thi s office
monitors all work performed by the contractor ensuring compliance
according to specifications and program guidelines. Pay requests
require both contractor's and owner's signatures. Funds are
disbursed on the basis of a dollar for dollar match of the owners
share with the Rental Rehabilitation Funds. The owners and
properties have met the eligibility requirements as specified in
the Rental Rehabilitation Program description.
Detailed work write-ups and individual files are available for
review at the Community Development Office.
RR14/PG1
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RECOMMENDATION
Staff recommends the awarding of a Rental Rehabilitation Loan for
the following:
CONTRACTOR PROPERTY RR DEFERRED INVESTOR
ADDRESS LOAN SHARE
RAY GRAEVE CONST. 235 N. SWINTON AVE. $15,000.00 $34,455.00
INTERCONTINENTAL 117 S.W. 1ST AVE. $22,962.00 $22,963.00
RR14/PG2
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 94- 10
-
APPLICANT: MICHAEL WEINER
APPLICATION #: 93-004RR
PROJECT ADDRESS: 235 N. SWINTON AVENUE
DATE OF BID LETTERS: NOVEMBER 5, 1993
DATE OF BID OPENING: NOVEMBER 16, 1993
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
B & JR CONSTRUCTION $
CHARLES JACKSON $
CARLO MERCURIO $
CALIBRATED LAND DEVELOPMENT $
CSB CONSTRUCTION $
INTERCONTINENTAL CONSTRUCTION CORP $ 60,700.00
HENRY HAYWOOD $ NO BID
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $ 49,455.00
SOUTH FLORIDA CONSTRUCTION $ 58,510.00 (INVALID BID)
IN - HOUSE ESTIMATE: $57,399.00
CONTRACTOR AWARDED CONTRACT: RAY GRAEVE CONSTRUCTION INC.
BID/CONTRACT AMOUNT: $ 49,455.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 94- 10
APPLICANT: LOU JENSEN
APPLICATION #: 93-006RR
PROJECT ADDRESS: 117 SOUTHWEST 1ST AVENUE
DATE OF BID LETTERS: NOVEMBER 5, 1993
DATE OF BID OPENING: NOVEMBER 16, 1993
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
B & JR CONSTRUCTION $
CHARLES JACKSON $
CARLO MERCURIO $
CALIBRATED LAND DEVELOPMENT $
CSB CONSTRUCTION $
INTERCONTINENTAL CONSTRUCTION CORP $ 45,925.00
HENRY HAYWOOD $ NO BID
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $ 34,650.00 (INVALID BID)
IN - HOUSE ESTIMATE: $ 46,310.00
CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP.
BID/CONTRACT AMOUNT: $ $45,925.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION I
REGULAR MEETING - NOVEMBER 23. 1993 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
THE CONSENT AGENDA IS AMENDED TO INCLUDE: I
L I
~ RETENTION OF OUTSIDE COUNSEL: Authorize the retention I
i
of outside counsel in the Snyder v. City et al - Case No. CL93-5613 i
AI. I
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE :!I!() :\w ISl AVENUE' DELRAY BEACH, FLORIDA 33444
F..\CSI7\IILE .\07;278-.\755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
Date: November 22, 1993
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Snyder v. City et al - Case No. CL93-6713AI
The City was served with a lawsuit on Friday, November 19,
1993. The plaintiff Virginia Snyder is suing the City, current
police officers Robert Musco, Richard Lincoln; former police
officers Allen Cole, Charles Kilgore and Nancy Adams.
Our office recommends that Kent Pratt of Gaunt, Pratt and
Radford, PA represent the City. Their fee is one hundred
dollars ($100.00) per hour. Because of a potential conflict,
our office recommends that the current and former police
officers be represented Fred Gelston of Damsel & Gelston PA at
the same rate.
By copy of this memorandum to David Harden, our office requests
this matter be placed on the November 23, 1993 City Commission
Agenda fo~mmission action.
:i?!P
SAIkD
cc: David Harden, City Manager
Barbara Garito, Acting City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM # qA - MEETING OF NOVEMBER 23. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: November 191 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period November
8, 1993 through November 19, 1993. The following actions were
considered during this reporting period:
Planning and Zoning Board:
-Approved 1 with conditions, a Master Plan Modification to the
Sabal Lakes Master Development Plan.
-Approved, with conditions, the Preliminary Plat for Sabal Lakes
Phase III.
-Approved, with conditions, a Conditional Use Modification for
Points West Bingo Hall.
-Approved a Conditional Use Modification for Suarez Delray Mobil.
Site Plan Review and Appearance Board: !
-Tabled a color change for Affordable Auto Painting.
-Approved, with conditions, a color change for Waterway East.
-Approved, with conditions, the landscape and elevation plans for
the Wallace Dodge service building.
Historic Preservation Board:
-Approved a Certificate of Appropriateness for the construction
of a two car garage and guest apartment at 50 Palm Square. 1
-Approved a Certificate of Appropriateness for renovations and
construction of an addition to 106 Dixie Boulevard.
-Denied a request for waiver of the sidewalk requirements for
Skinner Dental (5 to 1 vote).
A detailed staff report is attached as backup material for this item. I
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~
DEPARTMENT OF P N ZONING
FROM: ~~'A~~~
SUBJECT: MEETING OF NOVEMBER 23, 1993
REPORT OF APPEALABLE LAND USE ITEMS
NOVEMBER 8, 1993 THRU NOVEMBER 19, 1993
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of November 8, 1993, through
November 19, 1993.
BACKGROUND:
This is the method of informing the City Commission of 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 City 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.
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City Commission Documentation
Appealable Items - Meeting of November 23, 1993
Page 2
PLANNING AND ZONING BOARD SPECIAL MEETING OF NOVEMBER 8, 1993
1A. Approved (6 to 0) , with conditions, a Master Plan
Modification to the Sabal Lakes Master Development Plan as
it pertains to Phase III. Located north of Lake Ida Road,
east of Barwick Road.
PLANNING AND ZONING BOARD MEETING OF NOVEMBER 15, 1993
lB. Approved (5 to 0) , with conditions, the Preliminary Plat
for Sabal Lakes Phase III. Located north of Lake Ida Road,
east of Barwick Road.
2. Approved (5 to 0), with conditions, a Conditional Use
Modification for the Points West Bingo Hall, located on the
south side of Atlantic Avenue, west of Military Trail.
3. Approved (5 to 0) a Conditional Use Modification for Suarez
Delray Mobil, located at the southeast corner of Atlantic
Avenue and Military Trail.
Additionally, the following items which were considered by the
Planning and Zoning Board will be forwarded to the City
Commission as separate agenda items.
* Recommended (5 to 0) approval of the Final Subdivision Plat
for Cambria Crest, a six unit townhouse development located
at the southwest corner of George Bush Boulevard and A-I-A.
* Recommended (5 to 0) approval of a Corrective Land Use Plan
Amendment from Medium Density Residential to General
Commercial, for Property Located on the West Side of N.E.
9th Avenue, Approximately 100' North of George Bush Blvd
(Jennings Florist).
* Recommended (5 to 0) approval of a Corrective Land Use Plan
Amendment from Transitional to General Commercial for
Property Located Between N. E . 9th Avenue and Palm Trail,
Approximately 100' North of George Bush Blvd (Palm Trail
Plaza Parking Lot).
* Recommended (5 to 0) approval of a Corrective Land Use Plan
Amendment from Low Density Residential to Medium Density
ReSidential, and a Rezoning from R-1AA (Single Family
Residential) to RM (Multi-Family Residential - Medium
Density) for Property Located at the NW Corner of Andrews
Avenue and Thomas Street (Lyndon Arms Condominiums).
* Recommended (5 to 0) approval of a Corrective Land Use Plan
Amendment from Community Facilities - Church to Low Density
Residential for Properties Located at the Northwest Corner
of N.W. 2nd Street and N.W. 6th Avenue (Child Care Center
and Various Residential Uses).
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City Commission Documentation
Appealable Items - Meeting of November 23, 1993
Page 3
* Recommended (5 to 0) approval of a Corrective Land Use Plan
Amendment from Medium Density Residential to Transitional,
and from Transitional to Medium Density Residential, for
Property Located at S. Federal Hwy and S.E. 5th street
(Parking Lot Behind Mayfair Animal Hospital, and Access
Drive/Parking for Barrton Condominiums).
* Recommended (5 to 0) approval of a Corrective Rezoning from
GC (General Commercial) to NC (Neighborhood Commercial) for
Delray Dental Specialist and from GC and R-1AA to POD
(Professional Office District) for Mayfair Animal Hospital.
* Recommended (5 to 0) approval of a Corrective Land Use Plan
Amendment from Medium Density Residential to Low Density
Residential for Property Located at the Southwest Corner of
Central Street and Zeder Avenue (Within the Southridge
Subdivision).
* Recommended (5 to 0) approval of a Corrective Rezoning from
R-1A to CF (Community Facilities) for Property Located
Between N.W. 6th and 7th Avenues, Approximately 100' North
of N.W. 1st Street (Parking Areas Associated with St.
John's Primitive Baptist Church).
* Recommended (5 to 0) approval of a Corrective Land Use Plan
Amendment from Medium Density Residential and Community
Facilities to Redevelopment Area #3, and from Medium
Density Residential to Community Facilities for Property
Located on the North Side of Linton Blvd at S.W. 6th Avenue
Extended (Fire Station 13, Howell Jones Property, and Burke
Property) .
* Recommended (5 to 0) approval of a Corrective Land Use Plan
Amendment from General Commercial to Transitional for
Property Located on the North Side of West Atlantic Avenue,
in the 4000 Block (Hitching Post, Hamlet Shops).
* Recommended (6 to 0) approval of a Rezoning from PC
(Planned Commercial) to AC (Automotive Commercial) for
property located on the east side of Dixie Highway, south
of Linton Boulevard for a proposed expansion of Delray
Lincoln Mercury.
* Recommended (6 to 0) approval of a Conditional Use Request
for an expansion of Express Car Wash, located on the east
side of NE 6th Avenue, south of NE 4th Street.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 17,
1993
A. Tabled (5 to 0) a color change for Affordable Auto
Painting, 145 S. Congress Avenue, located on the east side
of Congress Avenue, south of Atlantic Avenue.
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City Commission Documentation
Appealable Items - Meeting of November 23, 1993
Page 4
B. Approved (5 to 0), with conditions, a color change for
Waterway East, an existing commercial structure located at
900 east Atlantic Avenue.
C. Approved (5 to 0), with conditions, the Landscape Plan and
approved (5 to 0) elevations for the Wallace Dodge Service
Building, located north of Linton Boulevard and east of
Wallace Drive.
In addition to the above, the Board considered the following
non-appealable items:
* Approved (4 to 1), with conditions, a flat wall sign for
Cabbage's Health Emporium, 4801 Linton Boulevard.
* Approved (4 to 1) two flat wall signs for the Sun Sentinel
Building in Corporate Tech Center, 3333 S. Congress Avenue.
* Approved (3 to 2), with conditions, a flat wall sign for
Borrow Brothers, 320 N. Congress Avenue.
HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 17, 1993
x. Approved (6 to 0) COA 8-210, for construction of a two car
garage and guest apartment at 50 Palm Square, located on
the east side of Palm Square, south of Atlantic Avenue.
Y. Approved (6 to 0) COA 8-218, for a renovation and addition
to an existing single family residence at 106 Dixie
Boulevard, located on the south side of Dixie Boulevard,
east of Swinton Ave.
z. Denied (5 to 1) a sidewalk waiver for Skinner Dental Labs,
located at 703 NE 3rd Avenue.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CllY COMMISSION MEETING
OF NOVEMBER 23, 1993
L-30 CAHAL
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L-38 CANAL
CITY LIMITS --.--.-- S.P.RAB. : P .&Z. :
I MILE , A. - AFFORDABLE AUlO PAINTING 1. - SA8Al LAKES. PHASE III
I B, - WATERWAY EAST 2. - POINTS WEST BINGO
SCALE 3. - SUAREZ DElRAY UOBIL
N H.P .B. :
- X. - 50 PALM SQUARE
CITY OF OELRAY BEACH, Fl y, - 106 DIXIE BOULEVARD
PlANNING OEPARTNENi Z. - SKINNER DENTAl. lAB
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~(
SUBJECT: AGENDA ITEM i C\B - MEETING OF NOVEMBER 23, 1993
REOUEST FOR CONDITIONAL USE APPROVAL/EXPRESS CAR WASH
DATE; November 19, 1993 ?,
This item is before you to consider a request for conditional use
approval to expand the existing Express Car Wash located on the east
side of N.E. 6th Avenue, approximately 175' south of N.E. 4th Avenue.
The development proposal involves exterior imp~ovements to the
existing car wash facility which includes an ~ditional 20' x 40'
awning to be used for auto detailing; a 201 x 35 awning to be used
for vehicle vacu~ming; two stacking/customer drop-off lanes;
relocation and addition of parking to provide seven (7) perpendicular
and four (4) parallel spaces; reduction of the south driveway to 36';
relocation of existing sign to main driveway; enclosing the dumpster
and installing appropriate landscaping.
The proposed use is consistent with the policies of the Comprehensive
Plan and Chapter 3 of the Land Development Regulations. A portion of
the property is vacant and has been somewhat neglected over the years.
The proposed landscaping and parking modifications will greatly
improve the appearance of the property and provide a ttlore efficient
operation.
The Community Redevelopment Agency at their October 28th meeting had
no objections to the modification to the car wash establishment. The
Planning and Zoning Board at their November 15th meeting recommended
approval of the conditional use request by a 5 to 1 vote; subject to
conditions. One of those conditions was that the width of the south
driveway be reduced to 301. After some discussion, the Board referred
the matter to the Site Plan Review and Appearance Board for
consideration. Other conditions were that a complete application for
site plan modification application be submitted, that a 51 wide
landscape strip be provided at the north driveway and that a recorded
Unity of Title or Boundary plat be submitted. A detailed staff report I
is attached as backup material for this item.
Additionally, the 11 parking spaces proposed do not meet LDR
requirements. Six {6} additional back out parking spaces can be
provided on the alley. While this still will not meet the requirement
it will provide a substantial reduction of the existing nonconforming
situation.
Recommend approval of the request for conditional use approval for
Express Car Wash, subject to the conditions recommended by the
Planning and Zoning Board and upon the findings of the Site Plan
Review and Appearance Board with regard to the width of the south
driveway and whether four parallel or ten perpendicular parking spaces
should be provided on the alley.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~ {~
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THRU: DIANE DOMINGUEZ ~ "J- ~.Q_t,,,t- r^'<.~5;a~4/3
PRINCIPAL PLANNE ".tat...~w-t'-"-~ 4
f~~C.~<~ I~<~
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FROM: /~(; ~'IN\. 7. -. L"L '{i ,
SUBJECT: MEETING OF NOVEMBER 23, 1993
CONSIDERATION OF A CONDITIONAL USE MODIFICATION TO
EXPAND A CAR WASH ESTABLISHMENT (EXPRESS CAR WASH) ,
LOCATED ON THE EAST SIDE OF N.E. 6TH AVENUE
(NORTHBOUND FEDERAL HWY.), APPROXIMATELY 175' SOUTH OF
N.!!:. 4TH AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use Modification to expand a car
wash establishment (Express Car Wash) on a parcel of land
zoned CBD (Central Business District).
The subject property is located on the east side of N.E.
6th Avenue (Northbound Federal Highway), approximately 175'
south of N.E. 4 th Street, and contains approximately 0.92
acres.
BACKGROUND:
In August of this year, the applicant requested a text amendment
to add "wash establishments or facilities for vehicles" as a
conditional use within the CBD zone district. The Planning and
Zoning Board recommended (5-1) denial of the request. However,
on October 26, 1993, the City Commission approved, on second
reading, Ordinance No. 51-93 to allow "wash establishments" as a
conditional use within the CBD zone district, subject to
restrictions and minimum site size requirements.
The development proposal is to expand the existing Express Car
Wash onto the adjacent property to the south and provide site
upgrading to the entire operation. The existing vacant
structure is to be demolished in order to provide additional
stacking area for vehicles entering the car wash. Existing
pavement will be removed to provide a 20' landscape buffer along
..
"
City Commission Documentation
Meeting of November 23, 1993
Express Car Wash
Page 2
Federal Highway, and landscaping within the interior of the
site. Additional details regarding the modification and an
analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 15, 1993, the Planning and Zoning
Board held a public hearing in conjunction with its review of
this request. There was no public testimony regarding the
proposed expansion. However, the applicant addressed the Board
to express his concerns over two of the conditions of approval
which had been recommended by staff. One of the conditions
required that the proposed width of the south driveway be
reduced from 36' to 30'; the other required a 5' wide landscape
strip at the northern property line (adjacent to the north
driveway) . The applicant maintained that both requirements
reduced the width of the driveways to a size that would impede
the functionality of the site. After some discussion on the
matter, the Board referred the disposition of the width of the
southern driveway to SPRAB, with a recommendation that it be at
30' .
The Board voted 5-1 (Wheat dissenting, Fulton absent) to
recommend that the Conditional Use request be approved subject
to the following conditions:
A. That a complete site plan modification application be
submitted pursuant to Section 2.4.3 of the Land Development
Regulations.
B. That a landscape strip (up to 5' in width) be provided for
the first 10' of the north driveway, adjacent to the north
property line.
C. That a recorded Unity of Title or a Boundary Plat be
submitted prior to issuance of a building permit.
RECOMMENDED ACTION:
The size of the driveway and the requirement for landscaping at
the north property line are items that are more design oriented
than use related, thus, they would more appropriately be handled
by SPRAB. Therefore, the recommendation is that the City
Commission direct that those two items be referred to SPRAB for
disposition, and approve the Conditional Use Modification to
expand the existing car wash establishment (Express Car Wash)
pursuant to the findings and recommendation of the Planning and
Zoning Board, subject to the following conditions:
"
"
City Commission Documentation
Meeting of November 23, 1993
Express Car Wash
Page 3
A. That a complete site plan modification application be
submitted pursuant to Section 2.4.3 of the Land
Development Regulations, and
B. That a recorded Unity of Title or a Boundary Plat be
submitted prior to the issuance of a building permit.
Attachment:
* P & Z Staff Report and Documentation of November 15, 1993
JC/T:CCWASH.DOC
'. ,.'1'
,.
P'LANNING AN,", ZONING SOARL
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: November 15, 1993
AGENDA ITEM: IV.D.
ITEM: Conditional Use Request to Allow the Expansion of the Express Carwash.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . John McComb
Lessee........................Richard and Michael Shullman
Express Car Wash
Agent.........................Jess Sowards -
KSE, Inc.
Location......................On the east side of NE 6th Avenue,
between NE 3rd Street and NE 4th
Street.
Property Size.................O.92 Acres
City Land Use Plan............Commercial Core
City Zoning...................CBD (Central Business District)
Adjacent Zoning........North: CBD
East: RM (Multiple Family Residential -
Medium Density)
South: CBD
West: CBD
Existing Land Use.............Existing full service car wash
establishment and a vacant commercial
structure.
Proposed Land Use.............Conditional use approval for the
expansion of the existing car wash
onto the adjacent parcel.
Water Service.................Existing on site. IV.D.
Sewer Service.................Existing on site.
'.
"
I T E M B E FOR E THE BOARD:
The action before the Board is that of making a
recommendation to the City Commission on a request for
Conditional Use Modification and sketch plan approval
for Express Car Wash, pursuant to Section 2.4.5(E).
The subject property is located on the east side of
N.E. 6th Avenue (Northbound Federal Hwy . ) , between
N.E. 3rd Street and N.E. 4th Street, approximately
175' south of N.E. 4th Street.
B A C K G R 0 U N D :
The development proposal incorporates Lots 20 - 25, south 7.3'
of Lot 26, Block 113, Highland Park Subdivision.
The site was originally developed as a car wash in 1959, under
the provisions of the C-2 zoning category. At that time, the
car wash consisted of Lots 20 - 25, Block 113, Highland Park
Subdivision. In 1972, the property was rezoned to SC
(Specialized Commercial), and then to caD (Central Business
District) with the Citywide rezoning of 1990. At that time, the
CBD zoning did not permit car washes, and the use became
nonconforming.
From 1988 to 1991, Lots, 20, 21 and approximately half of 22
were occupied by a car rental agency. Express Car Wash
currently uses these lots as a finishing area, to dry and wax
cars after washing. However, the use of that property for those
car wash functions was not formally approved.
In August of this year, the applicant requested a text amendment
to add "wash establishments or facilities for vehicles" as a
conditional use within the CBD zone district. The Planning and
Zoning Board recommended (5-1) denial of the request. However,
on October 26, 1993, the City Commission approved, on second
reading, Ordinance No. 51-93 to allow "wash establishments" as a
conditional use within the CBD zone district, subject to
restrictions and minimum site size requirements.
On October 4, 1993, a conditional use request was submitted for
Express Car Wash to expand the business onto the lots to the
south.
PRO J E C T DES C RIP T ION :
The development proposal is to expand the existing Express Car
Wash (Lots 23-25 along with the north 35' of Lot 22 and the
south 7.3' of Lot 26) onto Lots 20, 21, and the south IS' of Lot
22.
The proposal involves exterior improvements to accommodate the
following:
'. ,.,.,
P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 2
* Two 20' X 40' awnings west of the car wash structure
to accommodate the detailing of vehicles (one awning
currently exists, a second is being added);
* A 20' X 35' awning south of the car wash to
accommodate vacuuming of vehicles;
* Two stacking/customer drop-off lanes south of the car
wash with a stacking distance of approximately 200'
each;
* Relocation and addition of parking to provide 7
perpendicular spaces west of the stacking lanes and 4
parallel parking spaces adjacent to the alley;
* Reduction in the width of the southernmost driveway
from 60' to 36';
* Relocation of the existing sign from the northernmost
driveway onto Federal Highway to the south (main)
driveway;
* Provision of a dumpster enclosure; and,
* Installation of required landscaping throughout the
site (except the north property line).
The existing car wash use currently operates 7 days a week -
8:30 A.M. to 5:30 P.M. The waiting room/office area has a
seating capacity for 15 customers and the a staff consists of
20-30 full-time employees.
CON D I T ION A L USE A N A L Y S IS:
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 of the Land Development
Regulations, prior to approval of development applications,
certain findings must be made in a form which is part of
the official record. This may be achieved through
information on the application, the staff report, or
minutes. Findings shall be made by the body which has the
authority to approve or deny the development application.
These findings relate to the following four areas.
IFUTURE LAND USE MAP I The use or structures must be allowed in
the zone district and the zoning district
must be consistent with the land use designation).
'.
'.
P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 3
The subject property has a Land Use Plan designation of
Commercial Core and a CBD (Central Business District) zoning
designation. The CBD zone designation is deemed consistent with
the Commercial Core land use plan designation. Pursuant to
Section 4.4.13(D)(16), within the CBD zone district the
following is allowed as a Conditional Use, "wash establishment,
with automatic/mechanical systems only, for vehicles, except
that such use shall not be located east of the Intracoastal
Waterway or on lots which front along Atlantic Avenue. Further,
this use must be established on property with a minimum lot area
of 20,000 sq.ft." As the subject property contains
approximately 40,000 sq. ft. and not located within the
aforementioned geographical areas, it is appropriate to make a
positive finding with respect to consistency with the Future
Land Use Map.
I CONCURRENCY I Facilities which are provided by, or through, the
City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
To date no water and sewer plans have been submitted; however
the following is noted:
* An existing 6" water main is located within the alley along
the east side (rear) of the property.
* Fire suppression will be provided via an existing fire
hydrant at the northeast corner of N.E. 6th Avenue
(northbound Federal Highway) and N.E. 4th Street,
approximately 175' north of the property.
* An existing 8" sanitary sewer main is located within the
alley along the east side (rear) of the property.
Drainage:
Presently, a majority of the property is paved, with drainage
flowing off-site. The proposal calls for the removal of
pavement and the installation of landscaping in many areas.
With the site plan modification submittal, a preliminary
drainage plan will need to be submitted as changes will be made
to the site and a new paved surface will be installed,
specifically in the area where the building is being demolished.
At this time, there are no problems anticipated.
'.
..
P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 4
Streets and Traffic:
The request essentially involves the provision of a stacking
area for vehicles which currently stack onto Federal Highway.
While an additional detail and vacuum awning are being
installed, they are to shelter areas where those services are
already being provided. In addition, the expanded area will be
replacing a previously vested use (car rental). Thus, no
increase in trips is anticipated.
Parks and Recreation Facilities:
Park dedication requirements do not apply for nonresidential
uses. Thus, the proposed development will not have an impact
with respect to level of service standards.
Solid Waste:
Trash generated by the wash establishment should remain
relatively the same. Thus, there should not be a significant
impact with respect to this level of service standard.
I CONSISTENCY I Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.5(E)(5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element Policy A-2.4 states in part that "Auto related
uses shall not be permitted in the CBD Zone District or within
the geographical area along Federal Highway which extends four
blocks north and three blocks south of Atlantic Avenue.
The above Policy was noted in the staff report for the text
amendment to allow car wash establishments within the CBD
zone district. It was noted that an interpretation could
be made that Land Use Policy A-2.4 is not intended to be
applied to every auto related use, as gas stations and auto
brokerage are currently allowed in the CBD. The text
amendment was subsequently approved, thus it can be found
that the use is not inconsistent with the above stated
policy.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
'.
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P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 5
A. Have a signiticantly detrimental eftect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
The subject property is bordered on the north, south and west by
the CBD zone district, and on the east across the alley by the
RM (Medium Density Residential) zone district.
The existing land use north of the site is Midas Muffler Shop,
south is Custom Auto Trim (auto upholstery), and west, across
Federal Highway, is Wayside House, Inc. (substance abuse
facility) and vacant land. East of the site across the alley
are 3 single family homes and two 3-unit multiple family
structures.
Compatibility with the residences to the east and the Wayside
House to the west is not a major concern. The mechanical
functions associated with the car wash already exist. The
provision of the expanded stacking area will have minimal impact
on the residential area. The residences to the east are
buffered from the car wash establishment by an existing wall and
wood fence along the east side of the alley (their west property
lines). The Wayside House property to the west has a Ficus
hedge approximately 8' in height along its east property line,
adjacent to Federal Highway.
The proposal calls for landscape and site improvements to the
car wash which will provide substantial upgrades to a neglected
commercial site as well as the existing car wash establishment.
With the installation of the improvements, the expansion should
not have an adverse impact on the adjacent neighborhood nor
should it hinder development or redevelopment of nearby
properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
It the Conditional Use is approved, a site plan moditication
submittal complying with the Land Development Regulations will
be required. Along with the Conditional Use request, a sketch
plan was submitted and reviewed by staff. Based upon statt's
review ot the sketch plan, the following "Items ot Concern" were
identified. Technical comments, which include the items below,
have been transmitted to the applicant and will need to be
addressed with the site plan modification.
'.
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P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 6
1. Driveway Width
Pursuant to Section 4.6.9(D)(3)(a), the point of access to
a street or alley shall be a maximum of 24' unless a
greater width is specifically approved as part of site and
development plan approval. The southernmost driveway onto
northbound Federal Highway (N.E. 6th Avenue) , which is
currently 60', is proposed to be reduced to 36' in width.
While this width exceeds the maximum allowed, the owners
have stated that it is necessary to accommodate additional
staging and maneuvering area. Staff recommends that to
minimize conflicts between vehicles entering and exiting
the site, and those being worked on, the width be no
greater than 30'.
2. Perimeter Landscaping
Pursuant to Section 4.6.16(H)(3)(d), a 5' landscape strip
shall be provided between the vehicular use area and the
abutting property. Along the north property line a
landscape buffer has not been provided. This is an
existing condition. Taking into account the physical
constraints of the site along the north property line and
the need to accommodate a vehicle drying area, in this case
it is appropriate to provide a landscape strip up to 5' in
width, only for the first 10' adjacent to Federal Highway.
3. Parkinq Requirements
Pursuant to Section 4.6.9(C)(3)(a), commercial uses must
provide 4.5 parking spaces per 1,000 sq. ft. of floor area.
The existing car wash building contains 6,600 sq.ft., for a
requirement of 30 parking spaces. Presently, there are 5
spaces existing on-site. The proposal provides 11 spaces.
However, it is probably inappropriate to apply this
standard to a car wash, as customers do not use the parking
spaces. It is more appropriate to consider the number of
employees when determining the parking requirement.
According to the applicant as many as 30 employees may be
on the site at one time, during the season at peak hours.
Many of the employees do not have their own vehicles, and
are driven to work by someone else or ride bicycles to the
site. Some of the employees who do drive currently park on
the property which is to be incorporated into the car wash
site. Thus, their parking will be eliminated.
There is room for additional parking adjacent to the alley
in the area where the 4 parallel spaces are proposed. This
area can accommodate 10 back-out spaces (10' X 25'), thus
providing 17 total spaces (See Exhibit A). Although the 17
spaces will not meet the parking requirements, it does
'.
"
P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 7
provide a substantial reduction of an existing
nonconforming situation. It would, however, diminish the
landscaped area on the eastern side of the site. The Board
should discuss the trade-offs involved in these options,
and provide direction as to priorities for consideration by
SPRAB (Site Plan Review and Appearance Board).
Further, pursuant to Section 4.6.9(C)(1)(g) (Reduction
Allowed), when, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that the
number of parking spaces required for a specific use is
appropriate of its application to a specific site, the
body which acts on the attendant site plan may reduce the
parking requirements accordingly.
OTHER I T EMS .
.
Unity of Title
As the site improvements traverse 6 separate lots and a portion
of a 7th lot, it is appropriate that a Unity of Title be
provided or that the property be platted.
REV I E W B Y o THE R S .
.
Community Redevelopment Aqency:
At its meeting of October 28, 1993 the Community Redevelopment
Agency reviewed the development proposal and had no objections
to the modification to the car wash establishment.
Public Notice:
Formal public notice has been provided to property owners within
a 500 ft. radius of the subject property. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting. Special courtesy notices were not provided.
ASS E SSM E N T AND CON C L U S ION S .
.
The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. A portion of the property has been vacant somewhat
neglected f or many years. The recently adopted text amendment
to allow car washes in the CBD was intended to facilitate the
redevelopment of this site. The proposed landscaping and
parking modifications will greatly improve the appearance of the
property and provide a more efficient operation. Also, the
proposal will provide a safer situation as vehicles will not be
stacking onto Federal Highway. The Board should provide
direction as to the provision of adequate parking.
'.
P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 8
ALTERNATIVE ACT ION S :
1. Continue with direction.
2. Recommend approval of the Conditional Use Modification
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations
and the policies of the Comprehensive Plan subject to
conditions.
3. Recommend denial of the Conditional Use Modification based
upon a failure to make positive findings with respect to
Section 2.4.5 (E)(5) (Compatibility) and Chapter 3,
Sections 3.1.1(C) (Consistency) of the proposed use with
adjacent land uses.
R E COM MEN D E D ACT ION :
Recommend approval of the request for Conditional Use
Modification and sketch plan approval for Express Car Wash based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations and the policies
of the Comprehensive Plan subject to the following conditions:
A. That a complete site plan modification application be
submitted pursuant to Section 2.4.3 of the Land Development
Regulations.
B. That the southern driveway be no greater than 30' in width
C. That a landscape strip (up to 5' in width) be provided for
the first 10' of the north driveway, adjacent to the north
property line.
D. That a recorded Unity of Title or a Boundary Plat be
submitted prior to issuance of a building permit.
Staff Report prepared by: Jeff Costello, Planner
Reviewed by Diane Dominguez on: 11/4/93
Attachments: Sketch Plan
Exhibit A
JC/T:PZCARWAS.DOC
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pLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: November 15, 1993
AGENDA ITEM: IV.D.
ITEM: Conditional Use Request to Allow the Expansion of the Express Carwash.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . John McComb
Lessee........................Richard and Michael Shullman
Express Car Wash
Agent.........................Jess Sowards -
KSE, Inc.
Location......................On the east side of NE 6th Avenue,
between NE 3rd Street and NE 4th
Street.
Property Size.................O.92 Acres
City Land Use Plan............Commercial Core
City Zoning...................CBD (Central Business District)
Adjacent Zoning... .....North: CBD
East: RM (Multiple Family Residential -
Medium Density)
South: CBD
West: CBD
Existing Land Use.............Existing full service car wash
establishment and a vacant commercial
structure.
Proposed Land Use.............Conditional use approval for the
expansion of the existing car wash
onto the adjacent parcel.
Water Service.................Existing on Bite. IV.D.
Sewer Service.................Existing on site.
..
I T E M BEFORE THE BOARD:
The action before the Board is that of making a
recommendation to the City Commission on a request for
Conditional Use Modification and sketch plan approval
for Express Car Wash, pursuant to Section 2.4.5(E).
The subject property is located on the east side of
N.E. 6th Avenue (Northbound Federal Hwy . ) , between
N.E. 3rd Street and N.E. 4th Street, approximately
175' south of N.E. 4th Street.
B A C K G R 0 U N D :
The development proposal incorporates Lots 20 - 25, south 7.3'
of Lot 26, Block 113, Highland Park Subdivision.
The site was originally developed as a car wash in 1959, under
the provisions of the C-2 zoning category. At that time, the
car wash consisted of Lots 20 - 25, Block 113, Highland Park
Subdivision. In 1972, the property was rezoned to SC
(Specialized Commercial), and then to CBD (Central Business
District) with the Citywide rezoning of 1990. At that time, the
CBD zoning did not permit car washes, and the use became
nonconforming.
From 1988 to 1991, Lots, 20, 21 and approximately half of 22
were occupied by a car rental agency. Express Car Wash
currently uses these lots as a finishing area, to dry and wax
cars after washing. However, the use of that property for those
car wash functions was not formally approved.
In August of this year, the applicant requested a text amendment
to add "wash establishments or facilities for vehicles" as a
conditional use within the CBD zone district. The Planning and
Zoning Board recommended (5-1) denial of the request. However,
on October 26, 1993, the City Commission approved, on second
reading, Ordinance No. 51-93 to allow "wash establishments" as a
conditional use within the CBD zone district, subject to
restrictions and minimum site size requirements.
On October 4, 1993, a conditional use request was submitted for
Express Car Wash to expand the business onto the lots to the
south.
PRO J E C T DES C RIP T ION :
The development proposal is to expand the existing Express Car
Wash (Lots 23-25 along with the north 35' of Lot 22 and the
south 7.31 of Lot 26) onto Lots 20, 21, and the south 15' of Lot
22.
The proposal involves exterior improvements to accommodate the
following:
P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 2
* Two 20' X 40' awnings west of the car wash structure
to accommodate the detailing of vehicles (one awning
currently exists, a second is being added);
* A 20' X 35' awning south of the car wash to
accommodate vacuuming of vehicles;
* Two stacking/customer drop-off lanes south of the car
wash with a stacking distance of approximately 200'
each;
* Relocation and addition of parking to provide 7
perpendicular spaces west of the stacking lanes and 4
parallel parking spaces adjacent to the alley;
* Reduction in the width of the southernmost driveway
from 60' to 36';
* Relocation of the existing sign from the northernmost
driveway onto Federal Highway to the south (main)
driveway;
* Provision of a dumpster enclosure; and,
* Installation of required landscaping throughout the
site (except the north property line).
The existing car wash use currently operates 7 days a week -
8:30 A.M. to 5:30 P.M. The waiting room/office area has a
seating capacity for 15 customers and the a staff consists of
20-30 full-time employees.
CON D I T ION A L USE A N A L Y S I S .
.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 of the Land Development
Regulations, prior to approval of development applications,
certain findings must be made in a form which is part of
the official record. This may be achieved through
information on the application, the staff report, or
minutes. Findings shall be made by the body which has the
authority to approve or deny the development application.
These findings relate to the following four areas.
IFUTURE LAND USE MAP I The use or structures must be allowed in
the zone district and the zoning district
must be consistent with the land use designation).
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P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 3
The subject property has a Land Use Plan designation of
Commercial Core and a CBD (Central Business District) zoning
designation. The CBD zone designation is deemed consistent with
the Commercial Core land use plan designation. Pursuant to
Section 4.4.13(D)(16), within the CBD zone district the
following is allowed as a Conditional Use, "wash establishment,
with automatic/mechanical systems only, for vehicles, except
that such use shall not be located east of the Intracoastal
Waterway or on lots which front along Atlantic Avenue. Further,
this use must be established on property with a minimum lot area
of 20,000 sq.ft." As the subject property contains
approximately 40,000 sq. ft. and not located within the
aforementioned geographical areas, it is appropriate to make a
positive finding with respect to consistency with the Future
Land Use Map.
I CONCURRENCY I Facilities which are provided by, or through, the
City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
To date no water and sewer plans have been submitted; however
the following is noted:
* An existing 6" water main is located within the alley along
the east side (rear) of the property.
* Fire suppression will be provided via an existing fire
hydrant at the northeast corner of N.E. 6th Avenue
(northbound Federal Highway) and N.E. 4th Street,
approximately 175' north of the property.
* An existing 8" sanitary sewer main is located wi thin the
alley along the east side (rear) of the property.
Drainaqe:
Presently, a majority of the property is paved, with drainage
flowing off-site. The proposal calls for the removal of
pavement and the installation of landscaping in many areas.
With the site plan modification submittal, a preliminary
drainage plan will need to be submitted as changes will be made
to the site and a new paved surface will be installed,
specifically in the area where the building is being demolished.
At this time, there are no problems anticipated.
P & Z Board staff Report
Express Car Wash - Conditional Use Modification
Page 4
Streets and Traffic:
The request essentially involves the provision of a stacking
area for vehicles which currently stack onto Federal Highway.
While an additional detail and vacuum awning are being
installed, they are to shelter areas where those services are
already being provided. In addition, the expanded area will be
replacing a previously vested use (car rental) . Thus, no
increase in trips is anticipated.
Parks and Recreation Facilities:
Park dedication requirements do not apply for nonresidential
uses. Thus, the proposed development will not have an impact
with respect to level of service standards.
Solid Waste:
Trash generated by the wash establishment should remain
relatively the same. Thus, there should not be a significant
impact with respect to this level of service standard.
I CONSISTENCY I Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.5(E)(5) for the Conditional Use request shall be the basis
upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making a finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element Policy A-2.4 states in part that "Auto related
uses shall not be permitted in the CBD Zone District or within
the geographical area along Federal Highway which extends four
blocks north and three blocks south of Atlantic Avenue.
The above Policy was noted in the staff report for the text
amendment to allow car wash establishments within the CBD
zone district. It was noted that an interpretation could
be made that Land Use Policy A-2. 4 is not intended to be
applied to every auto related use, as gas stations and auto
brokerage are currently allowed in the CBD. The text
amendment was subsequently approved, thus it can be found
that the use is not inconsistent with the above stated
policy.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
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P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 5
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment
of nearby properties.
The subject property is bordered on the north, south and west by
the CBD zone district, and on the east across the alley by the
RM (Medium Density Residential) zone district.
The existing land use north of the site is Midas Muffler Shop,
south is Custom Auto Trim (auto upholstery), and west, across
Federal Highway, is Wayside House, Inc. (substance abuse
facility) and vacant land. East of the site across the alley
are 3 single family homes and two 3-unit multiple family
structures.
Compatibility with the res idences to the east and the Ways ide
House to the west is not a major concern. The mechanical
functions associated with the car wash already exist. The
provision of the expanded stacking area will have minimal impact
on the residential area. The residences to the east are
buffered from the car wash establishment by an existing wall and
wood fence along the east side of the alley (their west property
lines) . The Wayside House property to the west has a Ficus
hedge approximately 8' in height along its east property line,
adjacent to Federal Highway.
The proposal calls for landscape and site improvements to the
car wash which will provide substantial upgrades to a neglected
commercial site as well as the existing car wash establishment.
With the installation of the improvements, the expansion should
not have an adverse impact on the adjacent neighborhood nor
should it hinder development or redevelopment of nearby
properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
If the Conditional Use is approved, a site plan modification
submittal complying with the Land Development Regulations will
be required. Along with the Conditional Use request, a sketch
plan was submitted and reviewed by staff. Based upon staff's
review of the sketch plan, the following "Items of Concern" were
identified. Technical comments, which include the items below,
have been transmitted to the applicant and will need to be
addressed with the site plan modification.
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P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 6
1. Driveway Width
Pursuant to Section 4.6.9(D)(3)(a), the point of access to
a street or alley shall be a maximum of 24' unless a
greater width is specifically approved as part of site and
development plan approval. The southernmost driveway onto
northbound Federal Highway (N.E. 6th Avenue) , which is
currently 60', is proposed to be reduced to 36' in width.
While this width exceeds the maximum allowed, the owners
have stated that it is necessary to accommodate additional
staging and maneuvering area. Staff recommends that to
minimize conflicts between vehicles entering and exiting
the site, and those being worked on, the width be no
greater than 30'.
2. Perimeter Landscaping
Pursuant to Section 4.6.16(H)(3)(d), a 5' landscape strip
shall be provided between the vehicular use area and the
abutting property. Along the north property line a
landscape buffer has not been provided. This is an
existing condition. Taking into account the physical
constraints of the site along the north property line and
the need to accommodate a vehicle drying area, in this case
it is appropriate to provide a landscape strip up to 5' in
width, only for the first 10' adjacent to Federal Highway.
3. Parking Requirements
Pursuant to Section 4.6.9(C)(3)(a), commercial uses must
provide 4.5 parking spaces per 1,000 sq. ft. of floor area.
The existing car wash building contains 6,600 sq.ft., for a
requirement of 30 parking spaces. Presently, there are 5
spaces existing on-site. The proposal provides 11 spaces.
However, it is probably inappropriate to apply this
standard to a car wash, as customers do not use the parking
spaces. It is more appropriate to consider the number of
employees when determining the parking requirement.
According to the applicant as many as 30 employees may be
on the site at one time, during the season at peak hours.
Many of the employees do not have their own vehicles, and
are driven to work by someone else or ride bicycles to the
site. Some of the employees who do drive currently park on
the property which is to be incorporated into the car wash
site. Thus, their parking will be eliminated.
There is room for additional parking adjacent to the alley
in the area where the 4 parallel spaces are proposed. This
area can accommodate 10 back-out spaces (10' X 25'), thus
providing 17 total spaces (See Exhibit A). Although the 17
spaces will not meet the parking requirements, it does
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P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 7
provide a substantial reduction of an existing
nonconforming situation. It would, however, diminish the
landscaped area on the eastern side of the site. The Board
should discuss the trade-offs involved in these options,
and provide direction as to priorities for consideration by
SPRAB (Site Plan Review and Appearance Board).
Further, pursuant to Section 4.6.9(C)(1)(g) (Reduction
Allowed) , when, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that the
number of parking spaces required for a specific use is
appropriate of its application to a specific site, the
body which acts on the attendant site plan may reduce the
parking requirements accordingly.
o THE R I T EMS .
.
Unity of Title
As the site improvements traverse 6 separate lots and a portion
of a 7th lot, it is appropriate that a Unity of Title be
provided or that the property be platted.
REV I E W B Y o THE R S :
Community Redevelopment Aqency:
At its meeting of October 28, 1993 the Community Redevelopment
Agency reviewed the development proposal and had no objections
to the modification to the car wash establishment.
Public Notice:
Formal public notice has been provided to property owners within
a 500 ft. radius of the subject property. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting. Special courtesy notices were not provided.
ASS E SSM E N T AND CON C L U S ION S .
.
The proposed use is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. A portion of the property has been vacant somewhat
neglected for many years. The recently adopted text amendment
to allow car washes in the CBD was intended to facilitate the
redevelopment of this site. The proposed landscaping and
parking modifications will greatly improve the appearance of the
property and provide a more efficient operation. Also, the
proposal will provide a safer situation as vehicles will not be
stacking onto Federal Highway. The Board should provide
direction as to the provision of adequate parking.
'0
P & Z Board Staff Report
Express Car Wash - Conditional Use Modification
Page 8
A L T ERN A T I V E ACT ION S .
.
1. Continue with direction.
2. Recommend approval of the Conditional Use Modification
based upon positive findings with respect to Chapter 3
(Performance standards) of the Land Development Regulations
and the policies of the Comprehensive Plan subject to
conditions.
3. Recommend denial of the Conditional Use Modification based
upon a failure to make positive findings with respect to
Section 2.4.5 (E)(5) (Compatibility) and Chapter 3,
Sections 3.1.1(C) (Consistency) of the proposed use with
adjacent land uses.
R E COM MEN D E D ACT ION :
Recommend approval of the request for Conditional Use
Modification and sketch plan approval for Express Car Wash based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations and the policies
of the Comprehensive Plan subject to the following conditions:
A. That a complete site plan modification application be
submitted pursuant to Section 2.4.3 of the Land Development
Regulations.
B. That the southern driveway be no greater than 30' in width
C. That a landscape strip (up to 5' in width) be provided for
the first 10' of the north driveway, adjacent to the north
property line.
D. That a recorded Unity of Title or a Boundary Plat be
submitted prior to issuance of a building permit.
Staff Report prepared by: Jeff Costello, Planner
Reviewed by Diane Dominguez on: 11/4/93
Attachments: Sketch Plan
Exhibit A
JC/T:PZCARWAS.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~(
SUBJECT: AGENDA ITEM # 9 C - MEETING OF NOVEMBER 23.1993
APPEAL OF A SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/
CHECKERS RESTAURANT
DATE: November 19, 1993
This item is before you to consider an appeal of a Site Plan Review 1
and Appearance Board (SPRAB) with regard to a monument sign for
Checkers Restaurant located at 450 West Atlantic Avenue. I
At their October 20, 1993 meeting, the SPRAB considered the entire
sign package for Checkers which consisted of one (1) monument free
standing sign, one (1) flat wall sign, three (3) menu boards and five
(5) directional signs. The monument sign is composed of white, black
and yellow copy on a red background. The remainder of the signs are
teal and white.
Section 4.6.7 (F)(2)(c) of the Land Development Regulations states the
color of a sign shall not conflict with other signs already on the I
building or in the immediate vicinity. Given that this business is
located in the Peach Umbrella area, SPRAB felt that the monument sign
colors should be consistent with those in that area. The SPRAB denied
the free standing monument sign as presented, by a 5-0 vote. The
rest of the sign package was approved as submitted.
The applicant I s appeal is based upon the argument that the free
standing sign is the only element of the project that is requested to
maintain the standard corporate identity. A similar sign was
approved by SPRAB for Checkers Restaurant for their Linton Boulevard
interest. It should be noted however, that the sign was consistent
with those in the immediate area.
Recommend denial of the request for waiver from Checkers Restaurant
base upon negative findings with respect to LDR Section 4.6.7
(F) (2) (c).
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PRINCIPALS I
Raben E. B~han. AlCP
Anna S. Cott f
William e, Sc psl<:.. p.e,
November 20, 1993 Key;n C. Conn r, RLA
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Mr. Jeferry Costello i
I
City of Delray Beach I
!
100 N. W. 1 st. Avenue I
Delray Beach, Florida 33444 I
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SUBJECT:: APPeAL OF DENIAL OF REQUESTEP MONUM~NT SIGN FOR i
I
, CHECKERS RESTAURANT AT 460 WEST AT~NTIC AVE. j
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Dear Mr. Costello: 1 I
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On October 29th I filed an appeal from the denial of the p~oposed mo-nument ~i
for the Checkers restaurant at 450 West Atlantic Avenue~ by the Site Plan Revi l
and Appearance Board (SPRAB). That appeal has not yet ;been heard by the Ci~ .
Council. After giving additional considaration to the malt;r, Checkers has deci1d
not to pursue the use of the originally submitted sign. Th~refore, please accept
this letter as our official withdrawal of the appeal filed on \October 29~h. I.
Our sign company will submit a new application for appro~al of th~ monument I
sign, which will utilize a teal and white color scheme, as s~ggested by SPRAB. I
if yOU have any Questions relative to this matter, or if you;need any acfdltroilal I
information, please do not hesitate to contact me.
I
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Rbbert E. Basehart, AICP 1
Principal I
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co: Chris Koneal I
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Suzanne Wildner I
Joy Desormeau I
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" lulu Butler ..I
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CfC '03/9-3
\ 3195 NORTH POWERL1NEROAD · SUITE 106 · POMPANO BEACH,;FL 33069 -; (305) 968-0113
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. Agenda I tem No.: .
~^GENDA REQUES~
Date: 11/16/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 11/23/93
Description of agenda item (who, what, where, how much):
Appeal to SPRAB's Decision - Checkers Restaurant. 450 W AtlRntic Avp
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Denial
Department Head Signature: ~ ~----, -
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO t:1;rvf
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~
RE: REQUEST TO APPEAL DECISION OF SPRAB REGARDING THE COLOR
OF THE FREE STANDING SIGN FOR CHECKERS RESTAURANT
DATE: NOVEMBER 16, 1993
ITEM BEFORE THE COMMISSION:
A request to appeal the decision of the Site Plan Review and
Appearance Board (SPRAB) decision made on October 20, 1993 at a
regular meeting for the proposed free standing .sign associated
with the West Atlantic Avenue Checkers Restaurant. The appeal is
submitted by the agent, Bob Basehart, pursuant to Section
2.4.7(E) (3) of the LDR's.
BACKGROUND:
The complete sign package for the Checkers Restaurant under
construction at 450 W Atlantic Avenue was reviewed by SPRAB at
their regular meeting of 10/20/93. The sign package consisted of
one (1) monument free standing slgn, one (1) flat wall sign,
three (3 ) menu boards and five (5) directional signs. The signs
will be illuminated and the colors will be white and teal, except
for the free standing slgn. It was proposed to have a red
background with white, black and yellow copy. It was staff's
recommendation to the board that all signage be consistent with
the Peach Umbrella colors. The board agreed and approved the
signs proposed with the exception of the free standing sign.
The agent has put forth the argument that the free standing sign
is the only element of the project that is requested to maintain
the standard corporate identity. The same approach was used for
the store on Linton Boulevard and approved by SPRAB. However,
with the Linton Blvd location SPRAB noted that the use of the
color red was consistent with existing signage along the road.
The Delray Merchants Association (DMA) and the CRA supports the
Board's decision to require consistency with the Peach Umbrella
color scheme.
RECOMMENDATION:
Staff would recommend denial of the appeal. However, the
Commission should consider the Board's action taken with the
Linton Blvd approval. A copy of the agent's written request 1S
attached for your reference.
LB:DQ
Attachment
DQ1 Checkers.LB
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NOV 01 '93 17:04 P,02
PRINCIPALS
Flobert E. Basehart, Ale?
Anna S. Cottr..
Wilfiam E. Schlpske. P.E.
PLANNINC ENCINEER1NG Kevin C. Conn.r, ALA
October 29, 1993
Mr. Jeffery Costello
City of Detray Beach
100 N. W. , st. Avenue
Delray Beach, Florida 33444 .
SUBJECT: PROPOSED CHECKERS RESTAURANT AT 45/0 WEST
ATLANTIC AVENUE. APPEAL OF DENIAL OF:REQUESTED
MONUMENT SIGN.
Dear Mr. Costello: i :
Please accept this letter as a formal appeal on behalf of :Checkers'Drive~ln ~
Restaurants, Inc., of the Site Plan Review and Appearance Board (SPRAB) de:1 of
, the proposed monument sign for the Checkers restaurant to be tocated at 45 .
West Atlantic Avenue. It is our understanding that the reason for the denial i~ that
the proposed sign colors are not consistent with the ch~sen colors for the Peath
Umbrella redevelopment area.
We believe that approval of the requested sign is justified, and should have b~n
granted. Checkers has agreed to modify the colors of tt1e 'building to conform'to
, I
the Peachtree Umbrella District, including the building and on-site directional signs.
The only element of the project that is requested to maintain the standard,
corporate identity Is the proposed monument sign (red, white and black). This
sign meets all of the requirements of the Sign Code. The same approach was'used
for the store on Linton Boulevard, and was accepted. The requested sign is
tastefully designed and will be supplemented with land$caping .to'make it very
attractive.
We will appreciate your placing this matter on the next 'available agenda of the City
Council. Please advise us of the time and date of consideration, so that Checkers
representatives can attend. Thank you.
~y~:~
Robert E., Basehart, AICP
Principal - ,
1 . 319S.~~RTH POWERLlNE ROAD. SUITE 106. POMPANO B~H,: FL 33089. (305) 968-01!l3
1532 OLD OKEECHOBEE ROAD · SUITE 101 · WEST PALM BEACH. Fl33409 . (407) 688-0q4a
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MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
MEETING, WEDNESDAY, OCTOBER 20, 1993 AT 6:30 P.M.
Members Present Others Present
Debora Oster, 1st Vice Chair Janet Meeks, Planner
Tom LaSalle Joyce Desormeau, Sign/License
John Weaver Administrator
Gene Fisher
Rick Mouw
1. The Chairperson called the meeting to order at 6:30 p.m. and the
recording secretary took the roll.
II. Mr. Fisher moved to approve the minutes from October 6, 1993.
Seconded by Mr. LaSalle with the vote as follows:
Tom LaSalle Yes
Gene Fisher Yes
John Weaver Yes
Rick Mouw Yes
Debora Oster Yes
Mr. Fisher moved to amend the agenda in order the place the review of
the sign for "Bennett Auto Supply" with the review of the change in
elevations and for the addition of "Elwoods" under the Miscel1aneous
heading. Seconded by Mr. Weaver with the vote as follows:
Rick Mouw Yes
Tom LaSalle Yes
Gene Fisher Yes
John Weaver Yes
Debora Oster Yes
III. SIGNS
B. Curtis Mathes Rent To Own
1551 North Federal Highway
Art Sign Company
1 Flat Wall Sign
Represented by Wayne Woodrow and Wendy Schenk. The members were
polled for a response. The sign had already been installed. Some of
the members responded that there would have been discussion if the
sign had been presented to the board for approval prior to its instal-
lation. Some of the members did not like the yellow color. The
applicants stated that the logo and letter style are corporate and
felt the sign was attractive. After discussion, Mr. Mouw moved to
approve the application as submitted. Seconded by Mr. Weaver with the
vote as follows:
John Weaver No
Tom LaSalle No
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MINUTES: Site Plan Review and Appearance Board Meeting
October 20, 1993
Page 2
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Gene Fisher Yes
Rick Mouw Yes
Debora Oster No (DENIED)
C. Checkers
450 West Atlantic Avenue
Atlas Signs
Sign Package
Represented by Suzanne Wildner and Chris Wittendon. The flat standing
sign submission was in red, yellow and white and the other signs were
in teal and white. Mrs. Meeks reminded the members that the signs
will be in the Peach Umbrella area. The members were not in favor of
the free standing red and yellow sign. However, the applicants stated
these are corporate colors and would like to have them. They stated
they were willing to remove the yellow. The members were concerned
with the red and yellow colors in the Peach Umbrella area and did not
feel these colors would be appropriate and would prefer the teal color
instead of the red. After discussion Mr. Fisher moved to deny the
free standing monument sign (in red and yellow) as presented based
upon the colors previously determined by the Peach Umbrella Plaza
area. Seconded by Mr. Mouw with the vote as follows for denial:
Tom LaSalle Yes
John Weaver Yes
Gene Fisher Yes
Rick Mouw Yes
Debora Oster Yes
Mr. Fisher moved to approve the sign package as presented with the
deletion of the free standing sign. Seconded by Mr. Weaver with the
vote as follows:
Rick Mouw Yes
Tom LaSalle Yes
John Weaver Yes
Gene Fisher Yes
Debora Oster Yes
A. Bennett Auto Supply (Sign)
10 South Congress Avenue
Oak Park Construction
2 Flat Wall Signs
Represented by Wayne Mainguy. The signs will contain green letters to
match the facia. There being no negative comments, Mr. Mouw moved to
approve the signs with 1'6" letters as noted in the staff report and
diagram instead of 3' letters. Seconded by Mr. Weaver with the vote
as follows regarding the sign:
Gene Fisher Yes
Tom LaSalle Yes
Rick Mouw Yes
John Weaver Yes
NOIJ 01 '93 17:03 P.01 ~~
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, orhi. ....age i. inteu4ed only fer the upe of 1:.b.4I inJviduLL or entity 'to w:tic::h
, 1t b adr;ir.8sed, ancl =ay aO!1taiD infonuatiOA t:hat is pd.vilegecl, do=.f1d8DeiaJ. and
exempt ~rom. cliscl08'W:'e under app1ieabl. law. :I:f the reader of tltl" ....ag. :i.. not
the :l.~t..nd..d rectipi.nt, you are heteby noti.fied that. az:l'f ciiaa.u.nat on,
diat.~ibution or eopying of this communication i8 st.rfctly prohibited. I
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' QpOD ~ec.iving this facsimile, plea.. do not hesitat~ te cont.act the sender O~
~eceptionist at our office if there are any pages mi~ging or net legible.
'l'ha.nJt you in advance.
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I .3195 NORTHPOWERLlNE ROAD · SUITE 106 · POMPANO BEA<lH', FL 33b~ "(Sots) 96Mi~3
'15320LDOKEECHOBEE ROAD. SUirE 101 · WEST PALM 8EA~H, FL334~9 ~ (401)6~
".:.'~ .......~~ij0.0i..,g:3...17.;00.... ..... ....... p, 021 ~. I'
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. PRINCIPALS
Robert E. Base~art, Alep
Anna S. Cottrel~'
WilIiamE. SChiske, P.E.
October 29, 1993 PLANNI KevinC. Conne I ALA
NG ENCINEERlNC
Mr. Jeffery C<>stello
City' of Delray Beach
100 N.W. 1st. Avenue I
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Oelray Beach, Florida 33444
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SUBJECT: PROPOSED CHECKERS RESTAURANT AT 450iWEST
. ATLANTIC A VENUE~ APPEAL OF DENIAL OF "QUESTI:D
MONUMENT SIGN.
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Dear Mr. Costello:
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Please accept this letter as a formal appeal on behalf of Checkers' Drive-In' ..' 1
Ftestaurants, Inc.; of the Site Plan Review and Appearanctj! Board (SPRAB) denja~ of
the proposed monument sign for the Checkers restaurant ito be located at 450. 1
West Atlantic Avenue. It is our understanding that the re~son for the d~mial is t~at
the proposed sign colors are not consistent with the chosen colors for the Peac~
Umbrella redevelopment area, i
We believe that approval of the requested sign is justified, and should have bee~;
grarited. CheckerS has agreed to modify the colors of th~ building to co:ntO"rin t ...
the Peachtree Umbrella District, including the building an~ on-~jtedirecti~>nal Si9.. s.
The only element .of the project that is requested to maintlain the standard . \
:. : '- ~
c'orporate identity is the proposed monument sign (red, white and black)'~ this j
sign meets all of the requirements of the Sign Code. The same approach was u~ed
for the store on Linton Boulevard, and was accepted. The requested sign is I:,
tastefully designed and will be supplemented with landscaping :to make it very'!
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attractive. I
We will appreciate your placing this matter on the next av:aiJable agenda of-the 4ity
Council. Please advise us of the time and date of consideration, so thaLCheckef.s
representatives can attend. Thank you. ' . I
Very truly yours~ (\ _ \\
~t.~ 1
Fjobert E. Basehart, AICP
Principal
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1 "3195NO'RTH POW~RLlNE ROAD'" SUITE 106 · POMPANO BEACHi FL 33069 ..~. ($o~)-968.CJ113
1~~2 OLD OKEECHOBEE ROAD · SUITE 101 · WEST PALM BEACH! FL 33409. (401l688~0048
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{7rl
Lf.]) I
SUBJECT: AGENDA ITEM 41: - MEETING OF NOVEMBER 23. 1993
APPEAL OF A SITE PLAN REVIEW AND APPEARANCE BOARD DECISIONI
CURTIS MATHIS
DATE: November 19, 1993
This item is before you to consider an appeal of a Site Plan Review
and Appearance Board (SPRAB) with regard to a flat wall sign for I
Curtis Mathis Rent To Own located at 1551 N. Federal Highway.
At their October 20th meeting, the SPRAB considered a 100 square foot,
illuminated, flat wall sign with red and black copy on a yellow
background for the applicant. The sign was constructed without a
permit and has been properly cited by staff.
Section 4.6.7 (F) (2) (c) of the Land Development Regulations states the
color of a sign shall not conflict with other signs already on the
building or in the immediate vicinity. SPRAB felt that the yellow
sign background was out of character with other signs in that area.
The SPRAB denied the sign as presented, by a 3-2 vote.
The applicant alleges that the Board's decision is detrimental to his
business operation; and thus, filed an appeal.
Recommend denial of the request from Curtis Mathis Rent to Own base
upon negative findings with respect to LOR Section 4.6.7 (F)(2)(c).
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. Aqenda I tem No. :
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'AGENDA REQUEST
Date: 11/16/93
Request to be placed on:'
X Reqular Aqenda Special Aqenda Workshop Aqenda
When: 11/23/93
Description of aqenda item (who, what, where, how much):
Appeal to SPRAB' s decision for (;11rti c; M::Jrh; c; - 1 '1'11 l\f FgQgral Wigl:n;ay
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Denial
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Department Head Siqnature:
7
Determination of Consistency with Comprehensive Plana
City Attorney Reviewl Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account 'Balance:
City Manaqer Review:
Approved for agenda: &/ NO Z1f1
Hold Until:
Agenda Coordinator Review:
Received: .
.'.ction: .'.pproved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENTLfD
RE: REQUEST TO APPEAL DECISION OF SPRAB FOR A SIGN DENIAL
ASSOCIATED WITH CURTIS MATHIS STORE
DATE: NOVEMBER 16, 1993
ITEM BEFORE THE COMMISSION:
A request to appeal the decision of the Site Plan Review and
Appearance Board (SPRAB) decision made at a regular meeting on
October 20, 1993, regarding the proposed slgnage for "Curtis
Mathis, Rent To Own" business. The business 1S located at
1551 N. Federal Highway. The appeal 1S submitted by the store
manager, Anthony Gagliardo, pursuant to Section 2.4.7(E) (3) of
the LDR's.
BACKGROUND:
The owner of the property was cited for erecting a sign without a
permit on July 28, 1993. An application for permit to correct
the violation was received on September 28th. Staff reviewed the
application and sign rendering submitted which proposed a 100
sq. ft. illuminated, flat wall sign with red and black copy on a
yellow background. The proposed size is within the 136 sq. ft.
allowed for the building size. There was a concern raised by
staff with the aesthetic, considering the background color
presented. Staff felt that the bright yellow was out of
character with the area. The sign was, therefore, sent to SPRAB
for consideration. The Board raised the same issue and on a 3-2
vote denied the sign as proposed.
The store manager is appealing the decision of the board pursuant
to Section 2.4.7 (E) (3) of the LDR's. The agent states that the
board's decision is detrimental to his business operation.
RECOMMENDATION:
Staff 1S recommending City Commission denial of the appeal to
SPRAB's decision regarding the Curtis Mathis Rent To Own business
sign. The business should be made to comply with the aesthetic
standard imposed by the board.
LB:DQ
DQ1 Mathis.LB
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM i q ~ - MEETING OF NOVEMBER 23. 1993
CONDITIONAL USE APPROVAL/SOUTH FLORIDA SANITATION COMPANY
DATE: November 19, 1993
At the October 26th meeting the Commission deferred this item in order j
to permit staff to obtain professional assistance with respect to I
issues such as odor, noise and other items pertinent to the
compatibili ty of this proposed use with the surrounding properties.
Subsequently, at the November 9th regular meeting the item was
deferred at the request of the applicant. On Friday, November 19,
1993, the applicant contacted the City Attorney's office and
requested a further continuance.
I
Recommend continuance of the request for conditional use approval
from South Florida Sanitation Company until such time as the applicant
requests processing of the request. I
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE ='HI ,';W 1st .,\VC;lT . DELRAY BEACH. FLORIDA 334-14
Wr~t_r.. D~r_ct L~n_
1.\(\1\1I1.E -1117,=7.'-\i."
(40"7) :343-"7091
MEMORANDUM
Date: November 15, 1993
To: Mayor and City Commissioners
From: Susan A. Ruby, City Attorney
Subject: Procedures for Quasi-Judicial Hearinqs
Attached please find recommended procedures to be used for the
conditional use hearing scheduled for November 23, 1993.
Following these procedures will ensure that the hearing
comports with due process and is orderly.
Our office will be reviewing procedures for all our
quasi-judicial hearings in the upcoming months to streamline
and enhance our ability to prevail at trial if challenged.
Please dtl-l if you have any questions.
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Attachment
cc: David Harden, City Manager
David Kovacs, Director of Planning & Zoning
quasi -1. Bar
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PROCEDURES FOR QUASI-JUDICIAL HEARINGS
Generally the quasi-judicial proceeding will proceed in the
following manner:
I. The Mayor will announce that the item is before the
Commission for a hearing.
2. The City Clerk, with the authority vested in her as a
notary of the state of Florida, shall ask all persons
who plan to give testimony before the Board to stand
and raise their right hand and "swear or firm that the
testimony they are about to give is the truth, the
whole truth, and nothing but the truth."
3 . City staff will make a presentation describing the
nature of the application, summarizing the issues
reporting the recommendation of the Planning and Zoning
Board and putting forth the staff position if different
from the Planning and Zoning Board.
4. The applicant or his/her representative will make a
presentation.
S. Persons other than the staff or applicant who are in
ta~or of approval shall speak. The Mayor may limit the
number of witnesses speaking on behalf of an
application.
6. Persons may testify in opposition to the applicant's
request. The Mayor may limit the number of persons
speaking in opposition.
7. The applicant or his/her representative shall have the
opportunity to cross examine staff and experts retained
to represent the City.
9 . Staff shall have the opportunity to cross examine or
ask questions of the applicant/his designee and experts
retained to represent the applicant.
10. The Mayor and the City Commission may ask questions of
the staff, applicant or any witness.
II. The applicant shall have the opportunity to make a
closing argument.
12. Staff shall have the opportunity to make a closing
argument.
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13. No further testimony shall be taken and the Board shall
begin its deliberations.
14. After concluding its deliberations, the City Commission
shall make findings of fact and conclusions of law on
the record.
15. Burden of Proof - Rezonings
a) The applicant has the burden of proving that the
proposed rezoning is consistent with the
comprehensive plan and is compatible with the
surrounding area. If the landowner meets this
burden of proof, the City may choose to rezone the
property.
b) If the City wishes to deny the rezoning request,
the burden shifts to the City to demonstrate that
maintaining the existing zoning classification
accomplishes a legitimate public purpose. The
City has the burden of showing that the refusal to
rezone the property is not arbitrary,
discriminatory, or unreasonable.
16. Burden of Proof - Conditional Use
a) The applicant has the burden of proving that the
proposed conditional use is consistent with the
comprehensive plan. If the landowner meets
.---- his/her burden of proof and meets the other
requirements of the City's ordinances, the
applicant meets his/her burden of proof and the
City may choose to grant the conditional use with
or without conditions.
b) If the City wishes to deny the conditional use
request, the burden shifts to the City to
factually demonstrate that the conditional use
will have a:
1- Significant and detrimental effect upon
the stability of the neighborhood within
which it will be located; or
2. That it will hinder development or
redevelopment of nearby properties.
3. In addition, the Commission must
identify facts which provides
substantial competent evidence to
conclude that the public interest would
be adversely affected by granting the
applicant the conditional use.
quasi.sar
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM it q 'B - MEETING OF NOVEMBER 9. 1993
REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA
SANITATION
DATE: November 5, 1993
This item was deferred at the October 26th regular meeting in order to
allow staff to gather additional documentation with regard to noise
and the potential impact upon the redevelopment or development of
nearby properties as it applies to this conditional use request.
This is a request for conditional use approval from South Florida
Sanitation Company for the purpose of establishing a resource recovery
system in the MIC (Mixed Industrial Commercial) zone district, on
property located on the east side of N.W. 18th Avenue, north of N.W.
1st Street.
The subject site is 103,125 square feet, most of which is covered by a
concrete pad. There are two vacant buildings on the site, a 6,300
square foot two story building with five garage bays and a 200 square
foot storage building. The buildings will house the business offices
and related truck maintenance functions, including truck storage.
Hours and days of operation are 6:00 A.M. to 5: 00 P. M. , Monday through
Friday and 7:00 A.M. to 12:00 Noon on Saturday.
The Planning and Zoning Board at their October 18th meeting
recommended approval of the conditional use request, subject to
conditions, with a 5 to 2 vote (Fulton and Golder dissenting). There
was considerable public input at that meeting and 13 people spoke in
opposition of the facility.
Additionally, as a result of direction given by the Commission at the
October 26th meeting, the Police Department will conduct decibel
readings at the site and an economic development/redevelopment
specialist has been retained. It is anticipated that the results of
both reviews will be presented at Tuesday evening's meeting. A
detailed staff report is attached as backup material for this item.
Recommend approval of the request for conditional use approval from
South Florida Sanitation, contingent upon the results of the decibel
testing and economic analysis.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~: ~~:::AGER
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 9, 1993
CONDITIONAL USE REQUEST, RESOURCE RECOVERY
ACTION REQUESTED OF THE COMMISSION:
The action requested, by the applicant, of the City
Commission is that of approval of a conditional use request
which would accommodate a Resource Recovery Operation. The
petitioner is South Florida Sanitation. The location is
along NW 18th Avenue.
B A C K G R 0 U N D:
This item was before the City Commission on October 26th at
which time, the City Commission continued consideration of the
item and directed staff to examine matters of noise and the
potential impact upon the redevelopment or development nearby
properties.
Please refer to your previous documentation for a full
description of the project. There has been no change in the
proposed operation.
ADD I T ION A L I N FOR MAT ION
On Tuesday morning, the Police Department will take decible
readings at the perimeter of the site and at two off-site
locations. These readings will be taken during operation of the
chipper.
The City has retained one of our previously selected economic
development/redevelopment specialists (consultants). This
individual will review the staff report, visit the site, and
will provide expert testimony at the City Commission meeting.
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A L T ERN A T I V E ACT ION S
The following courses of action are available to the City
Commission:
1. Approve the requested use pursuant to the
recommendation (and conditions) of the Planning and
zoning Board.
2. Affix additional conditions of approval which would
mitigate or eliminate adverse aspects of the proposed
use and approve. (If such conditions cannot be
completely formulated at the meeting, continuation
with such direction would be appropriate.)
3. Deny the requested use of Resource Recovery Operation
on the basis that a finding consistent with Section
2.4.5(E)(5) cannot be made in that the proposed use
and the manner in which it will be conducted would
hinder development or redevelopment of nearby
properties. (Additional grounds/findings may be
stated, as appropriate.)
R E COM MEN D E D ACT ION:
Action is by motion. No recommendation is given at this time,
pending results of expert testimony.
c:
Susan Ruby, City Attorney
Randy Strickland, Applicant
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Board OKs Delray site;d , I'.i..~
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Voters fear noise, odor I
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By Jeff Pertman ~C
Staff Writer
Dust, noise, and odor. ~ --C
Rasidents of west. Delray will use those three :n ~
buzzwords in a show oHorce Tuesday, Oct. 26, at 7
p.m. when commissioners vote on whether to ap- - (D
prove a resource recovery facility. a block east or . .
Congress Avenue, north o(West. Atlantic Avenue. ,
. South Florida Sanitation wants to recycle tree .. --C
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limbs. vegetation and yard waste at a site north of, ~ ! (D -
Northwest First Street, between Northwest 18th .
Avenue and the CSX Railroad tracks.
The area is zoned (or mixed indu.tria1 eommer. , n
cial. The operation is allowed subjKt to eonditiona
under the citYs zoning code. . , /'~ 0
P&Z recommends approval ./ ' "
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The plan was backed. 5-2, by a Planning and Zon. ,. ~ <
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ing Board vote Monday night. City planners rec:om- I .:::,
mend approval saying residents' fears of dust, noise / .:; CD
and odor are unfounded. / I .;
Planner Paul Dorling says South Florida Senita. , L <
tion will make much. needed improvements to a aite .
that wu used as a concrete factory. He says there i.
no odor risk at the site and dust will be contained at
the facility. .
But those assurances were not enough for nearly -h
lOO west Delray residents who booed the PlanninC I~m
and Zoning Board for recommending the project to , '
commissioners. Residents promised to lobby com. ~n
missioners this week. and pack. City Hall for a final
vote Tuesday night. ...
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Helen Coopersmith. president of the Progressive ' .
Residents of Del....'. i. leading the fight. She saya .~
western communities will be subject to loud noi... --
frolD a chipper, which tuma waste into mulch. and .....
will also suffer from duat particles and odor. Sbe .; '<
called the resou.rce recovery facility a politicalJy ,
correct term for a prbqe dump, a charge city ,taft'
and South Florida Sanitation atroncl1 deny. · ; 0
TheplaD
South Florida Sanitation plana to use 14 truw to 1 --C
collect yard weate in unincorporated areas. The I I
vegetation will be returned to the Delray site and
. made into mulch that will be available to the public . C-
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free of charge. The company will be open (rom 6 LID. .
. ~--_...,-_.... . -,'
to 5 p.m., but promises not to use the chipper beto,. C
9 a.m. or after 4 p.m. Chipping will not. take place on
weekends.
-We think this will be good for us and good for . 3
you." says Randy Strickland. general manager or j
South Florida Sanitation referring to the free mulch. !
But many residents obje<< to the facilily because it -C
will serve only county residents. City residenLl bave
their yard waste picked up by Waste ManagemenL . .~
Some nearby'businesses oppose the facility be-
*' See FACILITY on Page.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
THRU: D J. KOVAC~R
D~NT OF P~ING AND ZONING
FROM: PAUL DORL~
SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
CONDITIONAL USE REQUEST TO ESTABLISH A RESOURCE
RECOVERY FACILITY ON PROPERTY LOCATED ON THE EAST SIDE
OF N.W. 18TH AVE., NORTH OF N.W. 1ST STREET
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request to establish a
resource recovery facility on property zoned MIC (Mixed
Industrial and Commercial).
The property is located on the east side of N.W. 18th
Avenue, north of N.W. 1st Street and immediately west of
the Seaboard Coastline Railroad.
B A C KG R 0 U N D:
The site is the location of a former Tarmac concrete plant. A
detailed annexation and zoning history of the property is
provided in the atta~hed Plann~ng and Zoning Board staff report.
The current request is being made by the South Florida
Sanitation Company, which is under contract with Palm Beach
County to provide waste management and resource recovery
services. The proposal involves establishing these services on
the site under the allowable conditional use of "resource
recovery".
City commission Documentation
South Florida Sanitation--Resource Recovery Facility
Page 2
The operation will involve a total of 14 trucks. The garbage
and recyclable materials that are collected will be disposed of
at designated locations throughout the County, such as the Solid
Waste Authority Landfill. Landscape materials will be processed
at the Delray site. The company will collect the landscape
materials and run them through a chipper located on the site.
The mulched material will be made available at no cost to
residents of the City. Any materials that are not redistributed
by the end of each week will be transported off the premises to
a SWA facility for further recycling. The site will also be
used for the storage, maintenance, and dispatching of the
trucks, and for office functions associated with the use.
For additional information concerning the proposed use and an
analysis of it's impacts, please refer to the attached staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of October 18, 1993. There was considerable public
input. Thirteen people spoke in opposition to the facility,
citing the following concerns:
* Noise, dust, and odor control.
* Appropriateness of the use in the Congress Avenue
area, and concern that these types of outdoor
industrial uses should not be allowed in this area.
* Use is more appropriate in a rural area.
* Use might be a deterrent to future development and
redevelopment in the area, particularly that of light
industry.
* The City should not be a receptacle for County waste.
The majority of the Board members felt that the use as described
would not create a significant problem with respect to noise,
dust and odor. In general, the Board felt that the use is one
that is appropriate and should be accommodated, and that the
proposed location is acceptable in that it is an industrial
area, it is adjacent. to the railro,.j and other industrial uses,
and that is not in proximity to residential development. One
Board member (Golder) felt that due to the relatively small area
proposed for the actual mulching operation, the use would be
more appropriately classified as a truck terminal, which is not
permitted in the MIC zoning district.
After a lengthy discussion, the Board voted 5-2 (Fulton and
Golder dissenting) to recommend approval of the conditional use,
based on positive findings with respect to Section 3.1.1 of the
Land Development Regulations, and subject to the conditions
listed on pages 11 and 12 of the P , Z Board Staff Report.
-
City commission Documentation
South Florida Sanitation--Resource Recovery Facility
Page J
R E COM MEN D E 0 ACT ION:
By motion, approve the conditional use request for a resource
recovery facility, based on the findings made by the Planning
and Zoning Board, and subject to the conditions listed on pages
11 and 12 of the P & Z Board staff Report.
Attachment:
* P&Z Staff Report' Documentation of October 18, 1993
\T:CCSFSAN.OOC
'.
-
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT --
MeETING DATE: OCTOBER 18, 1993
AGENDA ITEM: IV.C.
ITEM: CONDITIONAL USE REQUEST FOR SOUTH FLORIDA SANITATION TO ALLOW
THE ESTABLISHMENT OF A RESOURCE RECOVERY FACILITY IN THE MIXED
INDUSTRIAL COMMERCIAL DISTRICT.
GENERAL DATA:
Owner......... ~.......... South Florida. Sanitation
Ag.nt....................R.ndy Str1cklin
Executive Director
Locat10n.................On the ...t .1d. of NV
18tb Av.nu. nortb of ..
2nd Str..t, ..t.ndecl.
Pcoperty Slz.............2.35. acr..
City Land U.. 'l.n.......Co...rc.
City lon1ng..............MIC (Mixed Indu.trl41
. .nd Co..ercI41)
Adjac.nt Zonlng...North. MIC
. I..t. I (Indu.trl.1)
South. HIC
W..t. HIC
Exi.ting LandU..........V.c.nt fora.r concr.t.
aanuf.cturln9 f4Cillt7.
Propo..d Land U......... .Approv.l of 4
Condltion.l U.. to
..t.bl1.h . r..ourc.
recov.ry facility.
Wat.r S.rvlc.............lxl.tlng .. v.t.r ..1ft
. .10n9 NW 18th Av.nu..
. -
~
;
Sew.r S.rvlc.............lx1.tlng ..ptlc t.nk
.nd f1.1d. Con.truction
of . .ew.r ..1ft to
.ce... the .xi.tin, lift
I . .t.tlon .t the .outh...t
. . cCtrn.r of the LL '.rlt
will be nee....rr.
.
I T E M I E r 0 R E THE BOA R D:
The action before the Board is that of making a recommendation
on a Conditional Use request to establish a "Resource Recovery
Facility", pursuant to Section 2.4.5 (E) of the Land Development
Regulations.
The property is located on the east side of N.W. 18th Avenue
north of N.W. 1st Street immediately west of the Seaboard
Coastline Railroad.
A sketch plan is accompanying the request and is attached as
Exhibit "A". A full site plan will be required if conditional
use approval is granted.
B A C K G R 0 UNO:
The subject property was annexed into the City via Ordinance
G-467 on November 12, 1962 with an. initial zoning designation of
C-3 (Wholesale Light Industrial). In 1972, the C-J district was
eliminated via Ordinance 21-72 and a HI ( Heavy Industrial)
zoning district was applied to the property. In 1974, a 6,300
square foot building was constructed (2450 sq. ft. office, 3,850
sq. ft. of distribution) for Moody Construction Company. In
1979, the property was purchased by the Standard Concrete
Company. In 1980 a batch house, batch plant and associated wash
out stations and storage bins for Standard Concrete (Tarmac)
were constructed. The concrete plant occupied the site until
early 1993.
The site's Industrial land use designation was changed from
Industrial to Commerce with the adoption of a new Future Land
Use Map in November, 1989. With the adoption of the Land
Development Regulations in October, 1990 the Mixed Industrial
and Commercial District (MIC) was applied to this property.
With adoption of the LORs in 1990, no Conditional Uses were
accommodated within the MIC district, and Section 4.4.19(G)(2)
limited all permitted u.e. to enclosed buildings. In January,
1991 via Ordinance No. 4-91, several Conditional U... were added
to the MIe district as a result of a request by Gelco to
accommodate their .operation ~ (modular bldg. sales) as an
allowable use within MIC. During the discussions by the
Planning and Zoning loard, there was a consensus to consider
some uses, which would involve some measure of outside activity,
within the MIC district. Based on that consensus, the Planning
and Zoning Board recommended that eight (8) Conditional Uses be
added to the MIC district. These 8 included Resource Recovery
Facilities.
'.
p&z staff Report
South Florida Sanitation Conditional Use
Page 2
Recently there has been discussion with respect to the
appropriateness of outside uses within the MIC District,
particularly in the Congress Avenue Corridor. However, there
is no formal directive to revisit the matter.
The South Florida Sanitation company has recently purchased the
property and would like to establish a mulching recycling
operation along with truck storage and office function
associated with its waste management operation.
PRO J E C T DES C RIP T ION:
The site is 103,125 sq. ft. or 2.37 acres in size, most of which
is covered by a concrete slab. The site currently contains two
vacant" buildings, a 6,300 sq. ft. two story building containing
office space and 5 garage bays and a small 200 sq. ft. storage
building. The site also contains two cement silos and material
storage areas associated with the previous Standard Concrete
Company use.
The Conditional Use request before the Board is to establish a
"Resource Recovery Facility" which will collect vegetative yard
waste, mulch it, and temporarily store it on site. Nine
vehicles a day (fourteen on Wednesday) will be utilized for
neighborhood curb side pick up of yard waste (tree limbs etc. )
from a service area bordered by Hypoluxo Road to the north,
Atlantic Avenue to the south, the Florida Turnpike to the west
and the Atlantic Ocean to the east. These vehicles will collect
one load each per day and two loads each on Wednesday (64 loads
a week). The yard waste will be transported to the site where
it will be emptied on the ground.
The material would then be deposited by a small front end loader
into a 16' Chipper which will expel the chipped material into a
pile. This pile with be contained within a 15' x 20' area that
is walled in on 3 sides (8' high CBS) and has a poured concrete
floor. The stockpile will not exceed 10' wide 15' long and 8'
high. Dust control for the entire site will be by a sprinkler
system which currently exists along the top of the fencing
around the perimeter of the site. Non-vegetated materials will
be separated and pl.ced in a ~O yard container for transport to
the Solid Waste Authority landfill.
The mulch material will be made available to area residents free
of chaJ;ge. Any material not given away by Friday of each week
will be removed from the site and transported to a Solid Waste
Authority.
The site will also house the business offices and related truck
maintenance functions for the South Florida Sanitation Company.
The 14 company trucks will be stored empty on the site overnight
and on the weekends. These trucks will be dispatched each
weekday for waste collection, hauling of recycling materials and
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 3
picking up of yard waste. The garbage and recyclable materials
will be transported to the Solid Waste Authority's landfill and
recycling centers. Prior to leaving the Solid Waste Authority,
the trucks are washed out. Some of these trucks would return
immediately to the site while others would be utilized for the
daily yard waste routes. Truck dispatching can be considered a
secondary (accessory) function of the site.
The hours of operation will be from 6:00 am to 5:00 pm. Monday
through Friday and 7:00 am to 12:00 noon on Saturday. No
chipping will begin before 9:00 am. Monday through Friday and
will not occur on Saturday.
The application is accompanied by a sketch plan showing the
general location of the components of the operation. The
applicant has indicated a willingness to upgrade the property to
current City codes, and if the conditional use request is
approved, a site plan accommodating such site improvements will
be required.
CON D I T lOR A L USE A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursu.nt to S.ction 3.1.1 (R.quir.d Findingl), prior to the
approval of d.v.lopment application., c.rt.in finding. mu.t
b. mad. in . form which i. p.rt of the offici.l r.cord.
Thi. may b. .chi.v.d through information on the
.pplication, the .t.ff r.port, or minut... rinding. .h.ll
b. mad. by the body which h.. the .uthorityto approve or
d.ny the d.v.lopm.nt .pplic.tion. Th... finding. r.l.t. to
the following ~ .r....
Future L.nd U.. Map: (Th. u.. or .tructur.. mu.t be .llow.d in
the zoning di.trict .nd the zoning di.trict mu.t b. con.i.tent
with the land u.. d..ign.tion).
The Future Land Use Map designation for the property is
"Commerc.... The allowable zoning designations which are deemed
consistent with the Commerce Land Use designation are:
- PCC Planned Commerce Center
- MIC Mixed Industrial and Commercial (current zoning)
- CF Community Facilities
The site is presently zoned MIC (Mixed Industrial and
Commercial). The proposed use of a "Resource Recovery Facility"
is allowed as a Conditional Use within the MIC zoning district.
Allowable accessory uses include services and repair of items
incidental to the principal use, and outside storage including
storage of equipment of materials when screened from view of
adjacent properties.
'.
P&Z staff Report
South Florida Sanitation Conditional Use
Page 4
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. The.e facilities .hall
be provided pursuant to level. of service e.tablished within the
Comprehensive Plan.)
Water: Potable water service exists to the site via a 8" water
main which runs along the front of the property in N. W. 18th
Avenue. This main is connected to a 12" main on the north side
of Atlantic Avenue and extends up N.W. 18th Avenue to the Limpo
Lupo Park of Commerce and west to Congress Avenue. The fire
hydrant spacing in this area currently does not meet the minimum
300' spacing required for industrial uses. Installation of a
fire hydrant will be required on site. It is noted that the
recently approved Keystone Creations to the north will be
installing a fire hydrant. However, that hydrant will be
located internal to their site and is not readily assessable for
general fire suppression.
The fire flow in this area is below 2,000 gallons a minute.
Initially the Fire Department had concerns over the adequacy of
the fire flow given the proposed type of use. However, with the
submission of additional information relating to the wood chip
pile size, and its duration on the site, existing fire flow
has been deemed sufficient.
Sewer: The existing 6,300 sq. ft. building is serviced by a
septic tank and field located immediately west of the building.
The nearest sewer service would be via a connection into a lift
station located approximately 400 feet north within the Limpo
Lupo Park of Commerce.
Pursuant. to LOR Section 6.1.11(A) Sewer Systems a sewer
connection is required when public sewer is within 200 ft. of
the property line. Also, pursuant to the Public Facilities
Element of the Comprehensive Plan, Policy C-3.3 and LOR Section
5.3.3 ( F) new development shall be responsible for extending
sewer service from their terminus to the furthest boundary 0 f
the property. involved.
The property immedia~ely to th~ north (Keystone Creations) is to
extend the sewer to its south property line. South Florida
Sanitation will be responsible for extending it from that point
to the subject property's southern property line approximately
374 feet.
If Keystone Creations does not install the sewer extension,
provision of sewer service to this site must be revisited.
Alternatives include continued use of the existing septic system
(requires certification of adequacy from HRS) or provision of
the entire extension from the Lift Station.
..
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 5
Street. and Traffic: A traffic study has been requested but it
has not been submitted. In-lieu there of, the applicant has
submitted a letter stating the development will generate
approximately two trips per 14 trucks or a total 28 daily trips.
However, this does not accommodated traffic from the 34
employees or customers picking up mulch. The provision of a
traffic study prepared by a traffic engineer is required and is
attached as a condition of approval. It is not anticipated that
there will be traffic capacity problems as a result of this
development.
The development takes access from N.W 18th Avenue. The
following issues relate to improvement obligation with respect
to that roadway.
Condition of road 8urface:
At one time, N.W. 18th Avenue from N.W. 1st Street to its
terminus at Keystone Creations had an asphalt surface. At
present, portions of N.W. 18th Avenue, have deteriorated.
The underlying roadway condition fronting this site is
unclear as the roadway is covered with shell rock deposited
by the concrete operation which previously occupied the
site.
Pursuant to LOR Section 5.3.1(E), Improvement Obligations,
development shall provide for the construction of street
improvements associated with the project. When a full
local street standard (Le., a new road) is required to
carry traffic to and from the project, the project has to
provide the necessary travel lanes to accommodate vehicles
accessing the site. If it is impractical to construct the
improvements, the obligation may be met by payment of cash
funds equal to the current cost of such improvements.
The Engineering Department is conducting bore tests to
determine the makeup of the roadway. It is anticipated
that the tests will reveal an improved roadway which has
been allowed to deteriorate. In thi8 case South Florida
Sanitation would not be required to rebuild the street.
However, South .Florida S.anitation improvement obligations
will include restoration of N.W. 18th Avenue to its
previous condition i.e. removal of the shell rock,
restoration of street drainage and possible resurfacing of
that portion of the roadway covered with shell rock.
Right-of-way:
N.W. 18th Avenue is classified as a local street which,
pursuant to Section 5.3.1 (D)(2), requires a minimum
right-of-way dimension of 60' . The right-of-way that is
adjacent. to this property is 50 feet. Pursuant to Section
5.3.1(D)(4), where the City Engineer supports a reduction
P&z staff Report
South county Sanitation Conditional Use
Page 6
in the required width and where there are no safety hazards
associated with such a reduction, the body approving the
development application may grant a reduction. A similar
reduction had been requested by and granted to Keystone
Creations.
The applicant has submitted a request for a reduction in
right-of-way to 50 feet. The City Engineer supports the
reduction, in that 50 feet is sufficient to support a
street section that is appropriate for this area.
Drainage: The majority of the site is covered by a concrete
slab. The site currently drains off-site into N.W. 18th Avenue.
The site must retain stormwater on site. As a minimum, of 25'
of the site is to be retained in open space per LOR requirements
(see <;Uscussion under LOR requirements section), it is
anticipated the new landscape areas will double as swale areas
for water quality. If the conditional use is approved a site
plan with associated engineering plans will be required.
Parks and Open Space:
Parks and Open Space dedications do not apply to commercial
or industrial properties.
Solid Waste:
The proposed use itself is anticipated to generate 1.8
pounds per sq. ft. of floor area per year or 11,340 pounds.
This volume is similar to the volume generated by the
previous industrial use.
Additional solid waste will be generated through the
elements of the operation. Thia will include the sorting
and temporary storage of solid waste which may be contained
within the yard waste material. This non-vegetative
material is to be stored in a 30 yard waste container. The
length of time the container remains onaite between times
it is emptied is a concern (aee discussion under the
Consistency section) . Adequate capacity exists at the
landfill to accommodate waste.
Con.i.tency: Compliance with the performance .tandard. .et
forth in Section 2.4.5(1)(5) (Conditional U.e Finding.)
shall be the ba.i. upon which a finding of overall
con.istency i. to be made. Other objective. and polici..
found in the adopted Comprehen.ive Plan may be u.ed in the
making of a finding of overall con.i.tency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following applicable policy was
found:
P&Z staff Report
South County Sanitation Conditional Use
Page 7
Policy C-l. 5: The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial
roadways in order to prOVide a better image of the
community. Such efforts should include:
* enhanced and continuous code enforcement efforts;
. legislation which requires heavy industrial uses to
provide perimeter landscaping of their sites;
. owners of vacant property shall provide a landscaped
appearance of their properties.
While the South Florida Sanitation site is not located on
an arterial roadway, it is in the area that is generally
considered as part of the Congress Avenue corridor. The
applicant has stated their intent to provide perimeter
landscaping around the site. It is important that such
upgrading be provided in order to meet the above stated
policy. Pending the outcome of the Conditional Use
application, site upgrades will be addressed in detail
during the site plan process.
Section 2.4.5(1)(5) (Standards for Conditional Use Action.):
Pursuant to Section 2.4.5(1)(5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establi.hing the Conditional U.e will not:
A. Have a significantly detrimental effect upon the stability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by MIC (Mixed Industrial and CommerCial)
zoning to the north, south and west, and Seaboard Coastline
Railroad and an industrial zoning designation to the west. The
land use to the. north is monument and ornamental stone cutting
(Keystone Creations), temporary construction storage use to the
west, a Plumbing contractor to the south and vacant to the east.
In order to assess the potential impacts of this operation on
adjacent properties, the applicant was asked to provide
specific information on how the mulching operation would be
conducted. The following is a summary of the information
provided.
Nine truck loads daily, twenty eight on Wednesday for a
total of 64 truck loads per week of yard waste will be
brought to the site. The trucks will be emptied on site
in a staging area. The material will be picked up with a
front loader and deposited in a wood chipper. The chipped
product will be expelled into a containment area with
P&Z Staff Report
South County Sanitation Conditional Use
Page 8
concrete base and three CBS walls of 15' wide 20' long and
8' high. The mulch would be available for pick up by the
public between the hours of 9 a.m. and 4 p.m Monday through
Friday. All mulch not given away by the end of the
working day Friday will be loaded in trucks and taken to
the Solid Waste Authority landfill for disposal.
This type of operation raises concerns with respect to noise,
dust, and odor. The following is a discussion of each.
Noise Levels:
The use will generate noise when material is dumped on the
ground, grappled into the chippers and chipped into the
containment area. Additional noise will be generated from
the front end loader when loading mulch for customers.
With the exception of the noise generated by the chipper
all other noises are inherent to most industrial type uses.
Pursuant to Section 99.05 (A) of the City Code of
Ordinances (sound levels of receiving land uses), maximum
decibel levels shall not exceed 60 exterior/45 interior;
and 55 exterior/45 interior for daytime and nighttime hours
respectively. The applicant has indicated that the chipper
will operate during daytime hours only, between 9:00 a.m.
and 5 p.m.
The site is bordered by other noisy industrial uses
including a Stone cutting operation to the north and the
railroad tracks to the east. It is further noted the site
is the heart of an industrial area and approximately 900'
across 1-95 from the nearest residential property.
Dust:
The applicant has indicated in his narrative that dust
control will be provided by a sprinkler application. The
applicant will utilize the existing sprinkler systems which
are installed along the top of the perimeter fencing.
Odor:
Inherent in yard waste 1s a percentage of non-vegetated
material. The applicant has indicated the yard waste will
be sorted and the non-vegetative garbage will be placed in
a 30 yard dumpster on site. The length of time the
dumpster remains on site is a concern with respect to
odor. It is recommended that as a condition of approval
the 30 yard dumpster be emptied at least once a week and
taken off site. As the landscape material, will not be on
the site long enough for the composting process to
occur, odor associated with the decay of vegetative
materials should be minimal.
o.
P&Z staff Report
South County Sanitation Conditional Use
Page 9
Water Consumption:
Dust control by sprinkler system is a concern during
periods of water restrictions. Conflicts between
preservation of water and control of dust will arise.
However if dust control must be curtailed for a short time
no residential areas will be impacted with dust.
While concerns are noted with respect to noise, dust and odor
the proposed mitigation procedures (limited hours of operation,
sprinkler systems, mandatory emptying of non-vegetative waste,
and no long term storage of mulch) would appear to provide
adequate protection. Further, the location of the facility in a
Mixed Commercial and Industrial area far removed from
residential properties would appear to be the most appropriate
location for this use within the City.
Compliance with Land Development Requlation.:
Section 4.6.6 (Commercial and Industrial Uses to Operate within
a Building) allows Conditional Uses within commercial,
industrial or mixed use districts to be conducted outside if
visual and other impacts are mitigated. Pursuant to Section
4.6.6 (C) (2) Materials and equipment stored outside must be
screened from view from adjacent public right-of way in a manner
approved by SPRAB.
These regulations create concerns with respect to the
location of the truck storage on the sketch plan. The
storage area is located wi thin the 25' front setback and
10' side interior setbacks. These setback areas must be
utilized for the substantial buffering material which will
be needed to screen the garbage vehicles.
Pursuant to Section 4.6.l7(D)(2) developers/owners shall be
required to contain the windblown material within the project
site. While this section relates to erosion control activities
for construction sites it would be applicable to any activity
which would create blowing material. The applicant has
indicated in his na~rative th,t dust control will be provided,
and that the mulched material will be contained within a
walled-in area.
Pursuant to the Section 4.3.3 (Z) no person shall operate a
resource recovery operation without first receiving a valid
operating permit from the Solid Waste Authority. Accordingly,
LDR Section 4.3.3(Z) requires that a letter from the Solid Waste
Authority accompany the application which states its knowledge
of the proposed facility. A copy of the application to the Solid
Waste Authority has been provided.
"
P&Z Staff Report
South county Sanitation Conditional Use
Page 10
pursuant to LDR Section 4.3.3 a minimum of 25' of the site is to
be in open space (green area). As the majority of the site is
paved this will require removal of some of the existing concrete
slab. This 25' requirement should be provided by
concentrating green areas to the perimeter of the site and
around the proposed truck parking area. These green areas will
also provide area for drainage to meet the site water quality
standards discussed earlier in the report.
Pursuant to LDR Section 4.6.9 (B)(l)(b) adequate off-street
parking must be provided for any new conditional use. Under
Section 4.6.9(C)(5) the parking required for the 6,300 building
is 19 parking spaces. In the narrative the applicant has
indicated that the operation will employee 39 people. Adequate
parking for employees plus vistors should be accommodated on
site. If the conditional use is approved, a site plan which
includes parking facilities will be required.
OTHER:
Sidewalk.:
Pursuant to Section 6.1.3(A) sidewalks are required along both
sides of N.W. 18th Avenue. Given the limited pedestrian need
and the limited length of the street, the Engineering Department
supports a waiver of the sidewalk requirement for this
development.
R I V I I W B Y o T H IRS:
This proposal is not located in a geographic area requiring
review by either the HPB (Historic Preservation Board) , DDA
(Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
If the Conditional Use request 1s approved, a site plan must be
submitted for review by the Site Plan Review and Appearance
Board. The site is to be generally consistent with the sketch
plan and conditions 9f Conditional Use approval.
Neiqhborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to Helen Coopersmith (PROD) , Art Jackel (United
Property OWners) and Jean Miner (Delray Beach Counsel of
Communities).
P&Z Staff Report
South County Sanitation Conditional Use
Page 11
ASS E SSM E N T AND CON C L U S ION S:
From a concurrency point of view there are concerns with
provision of adequate fire protection Le. fire hydrant
installation. In addition, concerns with respect to access
( Le. status of N.W. 18th Avenue) and extension of sewer mains
are noted.
Compatibility and LDR concerns are noted with respect to noise,
dust and odors. The proposed mitigation procedures ( l1mi ted
hours of operation, sprinkler systems, and mandatory emptying of
non-vegetative waste and no long-term storage of mulch) would
appear to provide adequate mitigation. Further the location of
the facility in a Mixed Commercial and Industrial area far
removed from residential properties would appear to be the most
approprIate location for this use within the City.
The reuse of this site through the conditional use process also
allows for the imposition of site upgrades as conditions of
approval. These upgrades include a minimum of 25' open space on
the site which will result in substantial perimeter buffer
areas.
A L T B R N A ~ I V B C 0 U R S B S o , A C ~ I 0 H S:
A. Continue with direction.
B. Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(D)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use request based upon
a failure to make positive findings.
S~A" R I COM M I H D A T I 0 H:
Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(D)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to the following
conditions.
1. That a site plan, landscape and engineering plan be
provided which accommodates the following itema:
A. A minimum of 25' of open space to be
concentrated around the perimeter of the site
and around the bull pen truck storage.
"
P&Z Staff Report
South County Sanitation Conditional Use
Page 12
B. Parking lot which accommodates the 34 employees
and proposed visitors.
C. Extension of a sewer main to the south property
line or acceptable alternative (if sewer main is
not extended by Key Stone Creations).
D. Fire hydrant spacing which meets the required
300' industrial spacing.
2. Restoration of a portion of N.W. 18th Avenue i.e.
removal of shell rock, provision of on street drainage
and possible resurfacing of that portion of the street
covered by the shell rock.
3. That the extent of the use be limited to the
description contained on page 2 of the staff report.
including the following restrictions:
A. No yard waste will be stored on site over the
weekend i. e. all waste must be removed on Friday
of each week.
B. That the mulch pile always be stored within the
IS' by 20' by 8' high proposed containment area
and that it not exceed 20' wide, 15' long and 8'
high.
C. That the hours of the chipping operation be
limited to Monday - Friday 9 a.m. to 5 p.m.
D. That the 30 yard dumpster f"or non-vegetative
waste will be emptied and taken to an appropriate
disposal site at least once a week.
E. That the hours of the truck dispatch operation be
from 6 a.m. to 5 p.m. Monday through Friday, and
7:00 a.m. to 12:00 noon on Saturday.
F. Operational compliance with Section 99.05 (Noise
abate~ent) and Section 4.6.17(D)(2) (Dust
Control).
4. Submission of a traffic study preparec1 by a traffic
engineer concurrent with the formal site plan
submission.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERO'Jif
SUBJECT: AGENDA ITEM i 9E - MEETING OF OCTOBER 26. 1993
CONDITIONAL USE APPROVAL/SOUTH FLOR~DA SANITATION COMPANY
DATE: October 22, 1993
We have received a request for conditional use approval from South
Florida Sanitation Company for the purpose of establishing a resource
recovery system in the MIC (Mixed Industrial Commercial) zone
district, on property located on the east side of N.W. 18th Avenue,
north of N.W. 1st Street.
The subject site is 103,125 square feet, most of which is covered by a
concrete pad. There are two vacant buildings on the site, a 6,300
square foot two story building containing office space and five garage
bays and a 200 square foot storage building. The proposal is to
establish a resource recovery facility which will collect vegetative
yard waste, mulch it and temporarily store it on site. Hours and
days of operation are 6:00 A.M. to 5:00 P. M. , Monday through Friday
and 7:00 A.M. to 12:00 Noon on Saturday.
The site will also house the business offices and related truck
maintenance functions, including truck storage overnight and on
weekends.
The Planning and Zoning Board at their October 18th meeting
recommended approval of the conditional use request, subject to
conditions, with a 5 to 2 vote (Fulton and Golder dissenting) .
There was considerable public input at that meeting and 13 . people
spoke in opposition of the facility. A detailed staff report is
attached as backup material for this item.
Recommend approval of the request for conditional use approval from
South Florida Sanitation Company for the purpose of establishing a
resource recovery system on property located on the east side of N.W.
18th Avenue, north of N.W. 1st Streetj subject to the conditions
recommended by the Planning and Zoning Board.
/7~ .L;;
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: -DAVID T. HARDEN, CITY MANAGER
THRU: D J. KOVAC~
O~NT OF P~ING AND ZONING
FROM: PAUL DORL~
SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
CONDITIONAL USE REQUEST TO ESTABLISH A RESOURCE
RECOVERY FACILITY ON PROPERTY LOCATED ON THE EAST SIDE
OF N.W. 18TH AVE., NORTH OF N.W. 1ST STREET
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request to establish a
resource recovery facility on property zoned MIC (Mixed
Industrial and Commercial).
The property is located on the east side of N.W. 18th
Avenue, north of N.W. 1st Street and immediately west of
the Seaboard Coastline Railroad.
B A C K G R 0 U N D:
The site is 'the location of a former Tarmac concrete plant. A
detailed annexation and zoning history of the property is
provided in the atta9hed Plann~ng and Zoning Board staff report.
The current request is being made by the South Florida
Sanitation Company, which is under contract with Palm Beach
County to provide waste management and resource recovery
services. The proposal involves establishing these services on
the site under the allowable conditional use of "resource
recovery".
,. ,".'
City Commission Documentation
South Florida Sanitation--Resource Recovery Facility
Page 2
The operation will involve a total of 14 trucks. The garbage
and recyclable materials that are collected will be disposed of
at designated locations throughout the County, such as the Solid
Waste Authority Landfill. Landscape materials will be processed
at the Delray site. The company will collect the landscape
materials and run them through a chipper located on the site.
The mulched material will be made available at no cost to
residents of the City. Any materials that are not redistributed
by the end of each week will be transported off the premises to
a SWA facility for further recycling. The site will also be
used for the storage, maintenance, and dispatching of the
trucks, and for office functions associated with the use.
For additional information concerning the proposed use and an
analysis of it's impacts, please refer to the attached staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 18, 1993. There was considerable public
input. Thirteen people spoke in opposition to the facility,
citing the following concerns:
* Noise, dust, and odor control.
* Appropriateness of the use in the Congress Avenue
area, and concern that these types of outdoor
industrial uses should not be allowed in this area.
* Use is more appropriate in a rural area.
* Use might be a deterrent to future development and
redevelopment in the area, particularly that of light
industry.
* The City should not be a receptacle for County waste.
The majority of the Board members felt that the use as described
would not create a significant problem with respect to noise,
dust and odor. In general, the Board felt that the use is one
that is appropriate and should be accommodated, and that the
proposed location is acceptable in that it is an industrial
area, it is adjacent. to the r.ilroad and other industrial uses,
and that is not in proximity to residential development. One
Board member (Golder) felt that due to the relatively small area
proposed for the actual mulching operation, the use would be
more appropriately classified as a truck terminal, which is not
permitted in the MIC zoning district.
After a lengthy discussion, the Board voted 5-2 (Fulton and
Golder dissenting) to recommend approval of the conditional use,
based on positive findings with respect to Section 3.1.1 of the
Land Development Regulations, and subject to the conditions
listed on pages 11 and 12 of the P & Z Board Staff Report.
City Commission Documentation
South Florida Sanitation--Resource Recovery Facility
Page 3
"
R E COM MEN D E 0 ACT ION:
By motion, approve the conditional use request for a resource
recovery facility, based on the findings made by the Planning
and Zoning Board, and subject to the conditions listed on pages
11 and 12 of the P & Z Board Staff Report.
Attachment:
* P&Z Staff Report & Documentation of October 18, 1993
\T:CCSFSAN.DOC
'. "'"
PLANNING AND ZONING BOARD
erN OF DELRAY BEACH --- STAFF REPORT --
MEETING 0" TE: OCTOBER 18, 1993
AGENDA ITEM: IV.C.
ITEM: CONDITIONAL USE REQUEST FOR SOUTH FLORIDA SANITATION TO ALLOW
THE ESTABLISHMENT OF A RESOURCE RECOVERY FACILITY IN THE MIXED
INDUSTRIAL COMMERCIAL DISTRICT. .
GENERAL DATA:
Owner............ .. · .. ... South F~orida. Sanitation
Agent....................Randy ~trlckl1n
Executive Director
Locatlon.................On tb. ea.t .ide of RW
18th Avenu. north of RW
2nd Stre.t, extended.
Property Slz.............2.35. acr..
City Land U.. Pl.n.......Co...rc.
City Zonlng..............MIC (Mixed Indu.trial
. .nd Comaercial)
Adj.cent !oning...North: HIC
E..ta I (Indu.trial)
South: HIC
W..t: MIC
Exi.ting Land U..........V.c.nt fora.r concrete
manufacturing facility.
Propo.ed Land U..........Approv.l of .
Conditional U.. to
..t.bli.b a re.ourc.
recov.ry fac~lity.
Water S.rvlc.............Exi.tlng ." w.t.r ..in
.long HW 18th Avenu..
. . @
-
,
Sewer Servlc.............Exl.tlng ..ptic tant
and fl.1d. Con.truction
of a .ew.r ..1n to
acc... tb. .xlating 11ft
.t.tion at th. .outh.a.t
I .
. . cC>>rn.r of the LL .art
vill be n.c....ry.
I
.
" I T E M B E FOR E THE BOA R D:
The action before the Board is that of making a recommendation
on a Conditional Use request to establish a "Resource Recovery
Facility", pursuant to Section 2.4.5 (E) of the Land Development
Regulations.
The property is located on the east side of N.W. 18th Avenue
north of N.W. 1st Street immediately west of the Seaboard
Coastline Railroad.
A sketch plan is accompanying the request and is attached as
Exhibit "A". A full site plan will be required if conditional
use approval is granted.
B A C X G R 0 UNO:
The subject property was annexed into th,e City via Ordinance
G-467 on November 12, 1962 with an initial zoning designation of
C-3 (Wholesale Light Industrial). In 1972, the C-3 district was
eliminated via Ordinance 21-72 and a HI (Heavy Industrial)
zoning district was applied to the property. In 1974, a 6,300
square foot building was constructed (2450 sq. ft. office, 3,850
sq. ft. of distribution) for Moody Construction Company. In
1979, the property was purchased by the Standard Concrete
Company. In 1980 a batch house, batch plant and associated wash
out stations and storage bins for Standard Concrete (Tarmac)
were constructed. The concrete plant occupied the site until
early 1993.
The site's Industrial land use designation was changed from
Industrial to Commerce with the adoption of a new Future Land
Use Map in November, 1989. With the adoption of the Land
Development Regulations in October, 1990 the Mixed Industrial
and Commercial District (MIC) was applied to this property.
With adoption of the LDRs in 1990, no Conditional Uses were
accommodated within the MIC district, and Section 4.4.19(G)(2)
limited all p.rmitted u... to enclosed buildings. In January,
1991 via Ordinance No. 4-91, several Conditional U... were added
to the MIC district as a result of a request by Gelco to
accommodate their .operation, (modular bldg. sales) as an
allowable use within MIC. During the discussions by the
Planning and Zoning Board, there was a consensus to consider
some uses, which would involve some measure of outside activity,
within the MIC district. Based on that consensus, the Planning
and Zoning Board recommended that eight (8) Conditional Uses be
added to the MIC district. These 8 included Resource Recovery
Facilities.
,. '<l'
P&Z Staff Report
South Florida Sanitation Conditional Use ,
Page 2
Recently there has been discussion with respect to the
appropriateness of outside uses within the MIC District,
particularly in the Congress Avenue Corridor. However, there
is no formal directive to revisit the matter.
The South Florida Sanitation company has recently purchased the
property and would like to establish a mulching recycling
operation along with truck storage and office function
associated with its waste management operation.
PRO J E C T DES C RIP T ION:
The site is 103,125 sq. ft. or 2.37 acres in size, most of which
is covered by a concrete slab. The site currently contains two
vacant buildings, a 6,300 sq. ft. two story building containing
office space and 5 garage bays and a small 200 sq. ft. storage
building. The site also contains two cement silos and material
storage areas associated with the previous Standard Concrete
Company use.
The Conditional Use request before the Board is to establish a
"Resource Recovery Facility" which will collect vegetative yard
waste, mulch it, and temporarily store it on site. Nine
vehicles a day (fourteen on Wednesday) will be utilized for
neighborhood curb side pick up of yard waste (tree limbs etc. )
from a service area bordered by Hypo1uxo Road to the north,
Atlantic Avenue to the south, the Florida Turnpike to the wes t
and the Atlantic Ocean to the east. These vehicles will collect
one load each per day and two loads each on Wednesday (64 loads
a week). The yard waste will be transported to the site where
it will be emptied on the ground.
The material would then be deposited by a small front end loader
into a 16' Chipper which will expel the chipped material into a
pile. This pile with be contained within a 15' x 20' area that
is walled in on 3 sides (8 ' high CBS) and has a poured concrete
floor. The stockpile will not exceed 10' wide 15' long and 8'
high. Oust control for the entire site will be by a sprinkler
system which currently exists along the top of the fencing ~
around the perimeter of the site. Non-vegetated materials will
be separated and pla~ed in a ~O yard container for transport to
the Solid Waste Authority landfill.
The mulch material will be made available to area residents free
of charge. Any material not given away by Friday of each week
will be removed from the site and transported to a Solid Waste
Authority.
The site will also house the business offices and related truck
maintenance functions for the South Florida Sanitation Company.
The 14 company trucks will be stored empty on the site overnight
and on the weekends. These trucks will be dispatched each
weekday for waste collection, hauling of recycling materials and
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 3
~
picking up of yard waste. The garbage and recyclable materials
will be transported to the Solid Waste Authority's landfill and
recycling centers. Prior to leaving the Solid Waste Authority,
the trucks are washed out. Some of these trucks would return
immediately to the site while others would be utilized for the
daily yard waste routes. Truck dispatching can be considered a
secondary (accessory) function of the site.
The hours of operation will be from 6:00 am to 5:00 pm. Monday
through Friday and 7:00 am to 12:00 noon on Saturday. No
chipping will begin before 9:00 am. Monday through Friday and
will not occur on Saturday.
The application is accompanied by a sketch plan showing the
general location of the components of the operation. The
applicant has indicated a willingness to upgrade the property to
current City codes, and if the conditional use request is
approved, a site plan accommodating such site improvements will
be required.
CON D I T ION A L USE A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findinqs), prior to the
approval of development applications, certain findinqs must
be made in a form which is part of the official record.
This may be achieved throuqh information on the
application, the .taff report, or minut... Findinq. shall
be made by the body which has the authority to approve or
deny the development application. Thes. findinq. relate to
the followinq four area..
Future Land Use Map: (The use or structure. must be allowed in
the zoninq district and the zoninq district must be consistent
with the land us. de.iqnation).
The Future Land Use Map designation for the property is
"Commerce". The allowable zoning designations which are deemed
consistent with the Commerce Land Use designation are:
- PCC Planned Commerce Center
- MIC Mixed Industrial and Commercial (current zoning)
- CF Community Facilities
The site is presently zoned MIC (Mixed Industrial and
Commercial). The proposed use of a "Resource Recovery Facility"
is allowed as a Conditional Use within the MIC zoning district.
Allowable accessory uses include services and repair of items
incidental to the principal use, and outside storage including
storage of equipment of materials when screened from view of
adjacent properties.
'. ;.'1'
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 4
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.)
Water: Potable water service exists to the site via a 8" water
main which runs along the front of the property in N. W. 18th
Avenue. This main is connected to a 12" main on the north side
of Atlantic Avenue and extends up N.W. 18th Avenue to the Limpo
Lupo Park of Commerce and west to Congress Avenue. The fire
hydrant spacing in this area currently does not meet the minimum
300' spacing required for industrial uses. Installation of a
fire hydrant will be required on site. It is noted that the
recently approved Keystone Creations to the north will be
installing a fire hydrant. However, that hydrant will be
located internal to their site and is not readily assessable for
general fire suppression.
The fire flow in this area is below 2,000 gallons a minute.
Initially the Fire Department had concerns over the adequacy of
the fire flow given the proposed type of use. However, with the
submission of additional information relating to the wood chip
pile size, and its duration on the site, existing fire flow
has been deemed sufficient.
Sewer: The existing 6,300 sq. ft. building is serviced by a
septic tank and field located immediately west of the building.
The nearest sewer service would be via a connection into a lift
station located approximately 400 feet north wi thin the Limpo
Lupo Park of Commerce.
Pursuant to LDR Section 6.1.11(A) Sewer Systems a sewer
connection is required when public sewer is wi thin 200 ft. of
the property line. Also, pursuant to the Public FaCilities
Element of the Comprehensive Plan, Policy C-3.3 and LOR Section
5.3.3 (F) new development shall be responsible for extending
sewer service from their terminus to the furthest boundary of
the property'involved.
The property immedia~ely to th~ north (Keystone Creations) is to
extend the sewer to its south property line. South Florida
Sanitation will be responsible for extending it from that point
to the subject property's southern property line approximately
374 feet.
If Keystone Creations does not install the sewer extension,
provision of sewer service to this site must be revisited.
Alternatives include continued use of the existing septic system
(requires certification of adequacy from HRS) or provision of
the entire extension from the Lift Station.
P&Z Staff Report
South Florida Sanitation Conditional Use
Page 5
"
streets and Traffic: A traffic study has been requested but it
has not been submitted. In-lieu there of, the applicant has
submitted a letter stating the development will generate
approximately two trips per 14 trucks or a total 28 daily trips.
However, this does not accommodated traffic from the 34
employees or customers picking up mulch. The provision of a
traffic study prepared by a traffic engineer is required and is
attached as a condition of approval. It is not anticipated that
there will be traffic capacity problems as a result of this
development.
The development takes access from N.W 18th Avenue. The
following issues relate to improvement obligation with respect
to that roadway.
Condition of road Burface:
At one time, N.W. 18th Avenue from N.W. 1st Street to its
terminus at Keystone Creations had an asphalt surface. At
present, portions of N.W. 18th Avenue, have deteriorated.
The underlying roadway condition fronting this site is
unclear as the roadway is covered with shell rock deposited
by the concrete operation which previously occupied the
site.
Pursuant to LDR Section 5.3.1(E), Improvement Obliqations,
development shall provide for the construction of street
improvements associated with the project. When a full
local street standard (i.e., a new road) is required to
carry traffic to and from the project, the project has to
provide the necessary travel lanes to accommodate vehicles
accessing the site. If it is impractical to construct the
improvements, the obligation may be met by payment of cash
funds equal to the current cost of such improvements.
The Engineering Department is conducting bore tests to
determine the makeup of the roadway. It is anticipated
that the tests will reveal an improved roadway which has
been allowed to deteriorate. In this case South Florida
Sanitation would not be required to rebuild the street.
However, South. Florida Sanitation improvement obligations
will include restoration of N.W. 18th Avenue to its
previous condition i.e. removal of the shell rock,
restoration of street drainage and possible resurfacing of
that portion of the roadway covered with shell rock.
Right-Of-way:
N.W. 18th Avenue is classified as a local street which,
pursuant to Section 5.3.1 (D)(2), requires a minimum
right-of-way dimension of 60' . The right-Of-way that is
adjacent to this property is 50 feet. Pursuant to Section
5.3.1(D)~4), where the City Engineer supports a reduction
'. ';;1'
P&Z Staff Report
South County Sanitation Conditional Use
Page 6 "
in the required width and where there are no safety hazards
associated with such a reduction, the body approving the
development application may grant a reduction. A similar
reduction had been requested by and granted to Keystone
Creations.
The applicant has submitted a request for a reduction in
right-of-way to 50 feet. The Ci ty Engineer supports the
reduction, in that 50 feet is sufficient to support a
street section that is appropriate fQr this area.
Drainage: The majority of the site is covered by a concrete
slab. The site currently drains off-site into N.W. 18th Avenue.
The site must retain stormwater on site. As a minimum, of 25'
of the site is to be retained in open space per LOR requirements
(see discussion under LDR requirements section), it is
anticipated the new landscape areas will double as swale areas
for water quality. If the conditional use, is approved a site
plan with associated engineering plans will be required.
Parks and Open Space:
Parks and Open Space dedications do not apply to commercial
or industrial properties.
Solid Waste:
The proposed use itself is anticipated to generate 1.8
pounds per sq. ft. of floor area per year or 11,340 pounds.
This volume is similar to the volume generated by the
previous industrial use.
Additional solid waste will be generated through the
elements of the operation. This will include the sorting
and temporary storage of solid waste which may be contained
within the yard waste material. This non-vegetative
material is to be stored in a 30 yard waste container. The
length of time the container remains on site between times
it is emptied is a concern (see discussion under the
Consistency section) . Adequate capacity exists at the
landfill to accommodate waste.
Con.istency: Compliance with the performance standards set
forth in Section 2.4.5(E)(5) (Conditional U.e Finding.)
shall be the ba.i. upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following applicable policy was
found:
'.
P&Z staff Report
. South County Sanitation Conditional Use
Page 7
1/
PoliCY C-1.5: The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial
roadways in order to provide a better image of the
community. Such efforts should include:
* enhanced and continuous code enforcement efforts;
* legislation which requires heavy industrial uses to
provide perimeter landscaping of their sites;
. owners of vacant property shall provide a landscaped
appearance of their properties.
While the South Florida Sanitation site is not located on
an arterial roadway, it is in the area that is generally
considered as part of the Congress Avenue corridor. The
applicant has stated their intent to provide perimeter
landscaping around the site. It is important that such
upgrading be provided in order to meet the above stated
policy. Pending the outcome of the Conditional Use
application, site upgrades will be addressed in detail
during the site plan process.
Section 2.4.5(E)(5) (Standards for Conditional Use Actions):
Pursuant to Section 2.4.5(E)(5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the stability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by MIC (Mixed Industrial and Commercial)
zoning to the north, south and west, and Seaboard Coastline
Railroad and an industrial zoning designation to the west. The
land use to the north is monument and ornamental stone cutting
(Keystone Creations), temporary construction storage use to the
west, a Plumbing contractor to the south and vacant to the east.
In order to assess the potential impacts of this operation on
adjacent properties, the applicant was asked to provide
specific information on how the mulching operation would be
conducted. The following is a summary of the information
provided.
Nine truck loads daily, twenty eight on Wednesday for a
total of 64 truck loads per week of yard waste will be
brought to the site. The trucks will be emptied on site
in a staging area. The material will be picked up with a
front loader and deposited in a wood chipper. The chipped
product will be expelled into a containment area with
'III '."
P&Z Staff Report
South County Sanitation Conditional Use .l
Page 8
concrete base and three CBS walls of 15' wide 20' long and
8' high. The mulch would be available for pick up by the
public between the hours of 9 a.m. and 4 p.m Monday through
Friday. All mulch not given away by the end of the
working day Friday will be loaded in trucks and taken to
the Solid Waste Authority landfill for disposal.
This type of operation raises concerns with respect to noise,
dust, and odor. The following is a discussion of each.
.
Noise Levels:
The use will generate noise when material is dumped on the
ground, grappled into the chippers and chipped into the
containment area. Additional noise will be generated from
the front end loader when loading mulch for customers.
With the exception of the noise generated by the chipper
all other noises are inherent to most industrial type uses.
Pursuant to Section 99.05 (A) of the City Code of
Ordinances (sound levels of receiving land uses), maximum
decibel levels shall not exceed 60 exterior/45 interior;
and 55 exterior/45 interior for daytime and nighttime hours
respectively. The applicant has indicated that the chipper
will operate during daytime hours only, between 9: 00 a.m.
and 5 p.m.
The site is bordered by other noisy industrial uses
including a Stone cutting operation to the north and the
railroad tracks to the east. It is further noted the site
is the heart of an industrial area and approximately 900'
across 1-95 from the nearest residential property.
Dust:
The applicant has indicated in his narrative that dust
control will be provided by a sprinkler application. The
applicant will utilize the existing sprinkler systems which
are installed along the top of the perimeter fencing.
Odor:
Inherent in yard waste is a percentage of non-vegetated
material. The applicant has indicated the yard waste will
be sorted and the non-vegetative garbage will be placed in
a 30 yard dumpster on site. The length of time the
dumpster remains on site is a concern with respect to
odor. It is recommended that as a condition of approval
the 30 yard dumpster be emptied at least once a week and
taken off site. As the landscape material, will not be on
the site long enough for the composting process to
occur, odor associated with the decay of vegetative
materials should be minimal.
P&Z Staff Report
South County Sanitation Conditional Use
Page 9
1/
Water Consumption:
Dust control by sprinkler system is a concern during
periods of water restrictions. Conflicts between
preservation of water and control of dust will arise.
However if dust control must be curtailed for a short time
no residential areas will be impacted with dust.
While concerns are noted with respect to noise, dust and odor
the proposed mitigation procedures (limi~ed hours of operation,
sprinkler systems, mandatory emptying of non-vegetative waste,
and no long term storage of mulch) would appear to provide
adequate protection. Further, the location of the facility in a
Mixed Commercial and Industrial area far removed from
residential properties would appear to be the most appropriate
location for this use within the City.
Compliance with Land Development Regulations:
Section 4.6.6 (Commercial and Industrial Uses to Operate within
a Building) allows Conditional Uses within commercial,
industrial or mixed use districts to be conducted outside if
visual and other impacts are mitigated. Pursuant to Section
4.6.6 (C) (2) Materials and equipment stored outside must be
screened from view from adjacent public right-of way in a manner
approved by SPRAB.
These regulations create concerns with respect to the
location of the truck storage on the sketch plan. The
storage area is located within the 25' front setback and
10' side interior setbacks. These setback areas must be
utilized for the substantial buffering material which will
be needed to screen the garbage vehicles.
Pursuant to Section 4.6.17(D)(2) developers/owners shall be
required to contain the windblown material within the project
site. While this section relates to erosion control activities
for construction sites it would be applicable to any activity
which would create blowing material. The applicant has
indicated in his na~rative th~t dust control will be provided,
and that the mulched material will be contained within a
walled-in area.
Pursuant to the Section 4.3.3 ( Z) no person shall operate a
resource recovery operation without first receiving a valid
operating permit from the Solid Waste Authority. Accordingly,
LDR Section 4.3.3(Z) requires that a letter from the Solid Waste
Authority accompany the application which states its knowledge
of the proposed facility. A copy of the application to the Solid
Waste Authority has been provided.
... "'I>
P&Z Staff Report
South County Sanitation Conditional Use
Page 10
Pursuant to LDR Section 4.3.3 a minimum of 25' of the site is to
be in open space (green area). As the majority of the site is
paved this will require removal of some of the existing concrete
slab. This 25' requirement should be provided by
concentrating green areas to the perimeter of the site and
around the proposed truck parking area. These green areas will
also provide area for drainage to meet the site water quality
standards discussed earlier in the report.
Pursuant to LDR Section 4.6.9 (B)(I)(!)) adequate off-street
parking must be provided for any new conditional use. Under
Section 4.6.9(C)(5) the parking required for the 6,300 building
is 19 parking spaces. In the narrative the applicant has
indicated that the operation will employee 39 people. Adequate
parking for employees plus vistors should be accommodated on
site. If the conditional use is approved, a site plan which
includes parking facilities will be required.
OTHER:
Sidewalks:
Pursuant to Section 6.1.3(A) sidewalks are required along both
sides of N.W. 18th Avenue. Gi ven the limited pedestrian need
and the limited length of the street, the Engineering Department
supports a waiver of the sidewalk requirement for this
development.
REV I E W B Y o THE R S:
This proposal is not located in a geographic area requiring
review by either the HPB (Historic Preservation Board) , DDA
(Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
If the Conditional Use request is approved, a site plan must be
submitted for review by the Site Plan Review and Appearance
Board. The site is to be generally consistent with the sKetch
plan and conditions Of Conditional Use approval.
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to Helen Coopersmith ( PROD) , Art Jackel (United
Property Owners) and Jean Miner (Delray Beach Counsel of
Communities).
'.
.
P&Z Staff Report
South County Sanitation Conditional Use
Page 11
"
ASS E SSM E N T AND CON C L U S ION S:
From a concurrency point of view there are concerns with
provision of adequate fire protection 1.e. fire hydrant
installation. In addition, concerns with respect to access
(1.e. status of N.W. 18th Avenue) and extension of sewer mains
are noted.
Compatibility and LDR concerns are noted with respect to noise,
dust and odors. The proposed mitigation procedures (limited
hours of operation, sprinkler systems, and mandatory emptying of
non-vegetative waste and no long-term storage of mulch) would
appear to provide adequate mitigation. Further the location of
the facility in a Mixed Commercial and Industrial area far
removed from residential properties would appear to be the most
appropriate location for this use within the City.
The reuse of this site through the conditional use process also
allows for the imposition of site upgrades as conditions of
approval. These upgrades include a minimum of 25' open space on
the site which will result in substantial perimeter buffer
areas.
A L T ERN A T I V E C 0 U R S E S o F ACT ION S:
A. Continue with direction.
B. Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(D)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use request based upon
a failure to make positive findings.
S TAr r R E COM MEN D A T ION:
Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(D)(5) (CondItional Use Finding) and policies
of the Comprehensive Plan subject to the following
conditions.
1. That a site plan, landscape and engineering plan be
provided which accommodates the following items:
A. A minimum of 25' of open space to be
concentrated around the perimeter of the site
and around the bull pen truck storage.
,. ,",.
P&Z Staff Report
South County Sanitation Conditional Use
Page 12
B. Parking lot which accommodates the 34 employees
and proposed visitors.
C. Extension of a sewer main to the south property
line or acceptable alternative (if sewer main is
not extended by Key Stone Creations).
D. Fire hydrant spacing which meets the required
300' industrial spacing.
2. Restoration of a portion of N.W. 18th Avenue i.e.
removal of shell rock, provision of on street drainage
and possible resurfacing of that portion of the street
covered by the shell rock.
3. That the extent of the use be limited to the
description contained on page 2 of the staff report.
including the following restrictions:
A. No yard waste will be stored on site over the
weekend i. e . all waste must be removed on Friday
of each week.
B. That the mulch pile always be stored wi thin the
15' by 20' by 8' high proposed containment area
and that it not exceed 20' wide, 15' long and 8'
high.
C. That the hours of the chipping operation be
limited to Monday - Friday 9 a.m. to 5 p.m.
D. That the 30 yard dumpster for non-vegetative
waste will be emptied and taken to an appropriate
disposal site at least once a week.
E. That the hours of the truck dispatch operation be
from 6 a.m. to 5 p.m. Monday through Friday, and
7:00 a.m. to 12:00 noon on Saturday.
F. Operational compliance with Section 99.05 (Noise
abate~ent) and Section 4.6.17(D)(2) (Dust
Control) .
4. Submission of a traffic study prepared by a traffic
engineer concurrent with the formal site plan
submission.
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Board OKs Delray site;;l , ,.:1]
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Voters fear noise, odor I
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By Jeff Perlman ~C
Staff Writer
Dust, noise, and odor. ' -t
Residents of west Delray will use those three ~n
buzzwords in a show of force Tuesday, Oct. 26, at 7
p.m. when commissioners vote on whether to ap- .; CD
prove a resource recovery facility, a block east of ~
-,
Congress Avenue, north of West Atlantic Avenue. I
. South Florida Sanitation wants to recycle tree .. -t
,
limbs, vegetation and yard waste at a site north of. ~ f CD -
Northwest First Street, between Northwest lath .
Avenue and the CSX Railroad tracks.
The area is zoned for mixed industrial commer. r n
cial. The operation is allowed subject to eonditiona
under the city's zoning code. . I /~.~O
./ '"
P&Z recommends approval ' ...
The plan was backed, 5-2, by a Planning and Zon. -- ~ <
/ '
ing Board vote Monday night. City planners rec:om. /.::,
mend approval saying residents' fears of dust, noise ./ .:; CD
and odor are unfounded. .I I ...i
Planner Paul Dorling says South Florida Sanita. , L '~
tion will make much. needed improvements to a site . '-
-
that was used as a concrete factory. He says there is
no odor risk at the site and dust will be contained at
the facility. . i
But those assurances were not enough for nearly -h
100 west Delray residents who booed the Planning ,~~ D)
and Zoning Board for recommending the project to . .
commissioners. Residents promised to lobby com.
missioners this week and pack City Hall for a final ;n
vote Tuesday night. "
-.
.....-.
Helen Coopersmith, president of the Progressive - .
Residents of Delray, ia leading the fight. She says "
western communities will be subject to loud noises -.
from a chipper, which turns waste into mulch, and ....
will also suffer from dust particles and odor. She '<
called the resource recovery facility a politically .
correct term for a garbage dump, a charge city staft' 0
and South Florida Sanitation strongly deny. · ;
Th.plan
South Florida Sanitation tJlans to use 14 trow to 1 -t
collect yard wute in unincorporated areas. The .
vegetation will be returned to the Ddray site and . I
. made into mulch that will be available to the public . C-
.
free of charge. The company will be open from 6 Lm. .----.--........ .
to 5 p.m., but promises not to use the chipper before C
9 a.m. or after 4 p.m. Chipping will not. take place on
weekends. 3
WWe think this will be good for us and good for .
you," says Randy Strickland, general manager of i
South Florida Sanitation referring to the free mulch. .
But many residents object to the facility because it -c
will serve only county residents. City residents have
their yard waste picked up by Waste ManagemenL . .~
Some nearby- businesses oppose the facility be-
.. See F AC1LrTY on Page 4
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MEMORANDUM I
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~y MANAGER
lip I
,
SUBJECT: AGENDA ITEM # - MEETING OF NOVEMBER 23. 1993
RESOLUTION NO. 107-93
DATE: November 23, 1993
This item is before you to consider authorizing the execution of an
Interlocal Agreement with Palm Beach County to provide for the
annexation of Enclaves pursuant to Section 171.046, FLORIDA STATUTES. I
Section 163.01, Florida Statutes, authorizes local governments to make
efficient use of their powers to provide services and facilities that
will harmonize geographic, economic and population factors to
influence the needs and development of local communities.
Given legislative changes, we are able to proceed with the annexation
of eight (8 ) separate enclaves consisting of eighteen (18 ) parcels in
thirteen (13 ) different ownerships.
The attached information shows all of our annexation areas and
identifies those which are eligible for annexation under the ELMS-III
legislation. All of these parcels are located along North Federal
Highway. Please note that three very small parcels remain in the
County's jurisdiction since there is no Delray Beach boundary to their
north. !
Also attached is the Intergovernmental Agreement. A similar
Intergovernmental Agreement has been entered into by the County and
the Town of Jupiter with the BOCC action occurring on November 16th.
Riviera Beach has a similar agreement pending BOCC consideration.
Upon approval of the Intergovernmental Agreement by the County, it
will be necessary to process individual small scale amendments to the
Comprehensive Plan and to affix zoning (GC) to the individual parcels.
Recommend approval of Resolution No. 107-93, authorizing the execution
of an Interlocal Agreement with Palm Beach County, and authorizing the
Mayor to entertain and approve minor modifications to the Agreement as
may be requested, or required, by the Board of County Commissioners.
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Exhibit "A") with Palm Beach County on behalf of the City of Delray
Beach.
Section 2. Upon execution of the inter local agreement, the City
Clerk is hereby directed and authorized to transmit sufficient copies of
same to the appropriate offices of Palm Beach County for Palm Beach
County's consideration of execution of the Intergovernmental Agreement
and thereafter the execution thereof.
Section 3. This Resolution shall take effect upon adoption.
MAY 0 R
ATTEST:
City Clerk
DJR/171.DOC
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INTERLOCAL AGREEMENT
Interlocal Agreement between PALM BEACH COUNTY, a political
subdivision of the State of Florida and the CITY OF DELRAY BEACH
providing for annexation of enclaves pursuant to Section
171.046, Fla. Stat. .
THIS INTERLOCAL AGREEMENT is made this day of
, 1993 between the CITY OF DELRAY BEACH, a
municipality located in Palm Beach County, Florida, hereinafter
referred to as "CITY" and PALM BEACH COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as
"COUNTY" , each one constituting a public agency as defined in
Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01, Florida Statutes (1991), known as
the "Florida Interlocal Cooperation Act of 1969" authorizes
local governments to make the most efficient use of their powers
by enabling them to cooperate with other localities on a basis
of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local
communities; and
WHEREAS, The Florida Interlocal Cooperation Act of 1969
permits public agencies as defined therein to enter into
Interlocal Agreements with each other to jointly exercise any
power, privilege, or authority which such agencies share in
common and which each might exercise separately; and
WHEREAS, Section 18 of Chapter 93-206 9f the Laws of
Florida created Section 171.046, Fla. Stat.; providing for
annexation of certain enclaves by entering into an Interlocal
Agreement between the Municipality and the County having
jurisdiction over such enclave; and
WHEREAS, Section 171.046, Fla. Stat., limits annexation by
Interlocal Agreement to enclaves of ten ( 10) acres or less in
size; and
WHEREAS, Section 171.031(13) (a) and (b) , Fla. Stat., as
amended by Chapter 93-206, Laws of Florida, defines enclaves as
developed or improved property bounded on all sides by a single
municipality, or bounded by a single municipality and by a
natural or manmade obstacle that allows passage of vehicular
traffic to that unincorporated area only through the
municipality; and
WHEREAS, the County and the City have determined that it is
appropriate and will promote efficient provision of governmental
services for the City to annex certain enclaves; and
'.
WHEREAS, the County and the City have determined that the
parcels to be annexed pursuant to this Interlocal Agreement are
improved properties based upon the availability of water and
sewer systems; the availability and access to a public
right-of-way; that the lots have previously been cleared; and
that the lots have been subdivided in recorded or unrecorded
plats; and
WHEREAS, it has been determined by the City and by the
County that the parcels to be annexed via this Interlocal
Agreement meet the requirements set out in Section
171.031(13) (a) and (b) and 171.046, Fla. Stat., as such enclaves
are developed or are improved, are less than ten (10) acres in
size and are completely surrounded by the city or are surrounded
by the City and a natural or manmade obstacle that allows
passage of vehicular traffic to the enclaves only through the
City; and
WHEREAS, the enclaves identified for annexation in this
Interlocal Agreement are in the City's future annexation areas
set forth in the adopted Comprehensive Plan of the City of
Delray Beach; and
WHEREAS, the County and the City agree that the parcels to
be annexed via this Interlocal Agreement are subject to the Land
Use Atlas of the Palm Beach County Comprehensive Plan and County
zoning and subdivision regulations until the City adopts a
comprehensive plan amendment to formally include said parcels in
its adopted Comprehensive Plan and to formally affix a zoning
designation thereto.
NOW THEREFORE, in consideration o~ the mutual
representations, terms, and covenants hereinaft~r set for~h, the
parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to allow annexation by the
City of certain unincorporated enclaves which are identified in
Exhibit A which is attached hereto and made a part hereof.
Section 2. Definitions
The following definitions shall apply to this Agreement:
1. The term "enclave" shall be defined as set forth in
Section 171.031(13) (a) and (b) , Fla. Stat. as adopted by the
Legislature in Chapter 93-206, Section 15, Laws of Florida.
"Act" means Part I of Chapter 163, Florida Statutes.
"Agreement" means this Interlocal Agreement, including any
amendments or supplements hereto, executed and delivered in
accordance with the terms thereof.
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Section 3. Annexation
The unincorporated enclaves identified in Exhibit "A",
which is attached hereto and made a part hereof, are hereby
annexed into and are included in the corporate boundaries of the
City of Delray Beach.
Section 4. Effective Date
This Agreement shall take effect upon execution by both
parties.
Section 5. Filing
Upon execution by both parties, a copy of this Agreement
shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County.
Section 6. Notification
The City hereby acknowledges that, it has/will prior to
consideration of this Agreement by the Board of County
Commissioners, provide written notice to all owners of real
property located in the enclaves identified in Exhibit "A" whose
names and addresses are known by reference to the latest
published ad valorem tax records of the Palm County Property
Appraiser. The written notice, shall describe the purpose of
the Interlocal Agreement and shall state the date, time and
place of the meetings of the Board of County Commissioners of
Palm Beach County where this Interlocal Agreement shall be
considered for adoption. /
I
Section 7. Captions
The captions and section designations herein set forth are
for convenience only and shall have no substantive meaning.
Section 9. Severability
In the event that any section, paragraph, sentence, clause,
or provision hereof be held by a court of competent jurisdiction
to be invalid, such shall not affect the remaining portions of
this Agreement and the same shall remain in full force and
effect.
Section 10. Entirety of Agreement
This Agreement represents the entire understanding between
the parties, and supersedes all other negotiations,
representations, or agreement, either written or oral, relating
to this Agreement.
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CITY OF DELRAY BEACH, FLORIDA PALM BEACH COUNTY
By:
Thomas E. Lynch, Mayor
ATTEST: ATTEST:
City Clerk
Approved as to Form: Approved as to Form:
City Attorney County Attorney
DJK/ILA.DOC
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D T. HARDEN, CITY MANAGER
FROM:
SUBJECT: MEETING OF NOVEMBER 23, 1993
ANNEXATION OF SMALL ENCLAVES, NORTH FEDERAL HIGHWAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an Interlocal Agreement through which certain
enclaves along North Federal Highway will be annexed into
the City of Delray Beach.
The Board of County Commissioner's action is also required
in order to consummate this item.
B A C K G R 0 U N D:
The City of Delray Beach has established an annexation program
in its Comprehensive Plan. As much of the annexation that could
be effectively implemented under the previous annexation law
(i.e. prior to the ELMS-III legislation) has been accomplished.
With the passage of the ELMS-III legislation in the last session
of the State Legislature, the opportunity to annex enclaves of
10 acres or less in size through an Intergovernmental Agreement
with the County was provided. Specifically the codified
language is as follows:
Section 171.046, Florida Statues: Annexation of Enclaves
( 1) The Legislature recognizes that enclaves can create
significant problems in planning, growth management, and
service delivery, and therefore declares that it is the
policy of the State to eliminate enclaves.
(2 ) In order to expedite the annexation of enclaves of 10
acres or less into the most appropriate incorporated
jurisdiction, based upon existing or proposed service
provision arrangements, a municipality may:
(a) Annex an enclave by an interlocal agreement with
the County having jurisdiction of the enclave; or
'.
"
City Commission Documentation
Annexation of Small Enclaves, North Federal Highway
Page 2
(b) Annex an enclave with fewer than 25 registered
voters by municipal ordinance, when the annexation is
approved in a referendum by at least 60 percent of the
registered voters who reside in the enclave.
(3) This section does not apply to undeveloped or
unimproved real property.
Also, a definition of "enclave" is provided in the new statute,
as follows:
Section 171.031(13) "Enclave" means:
(a) Any unincorporated improved or developed area
that is enclosed within and bounded on all sides by a
single municipality; or,
(b) Any unincorporated improved or developed area
that is enclosed within and bounded by a single
municipality, and a natural or manmade obstacle that
allows the passage of vehicular traffic to that
unincorporated area only through the municipality.
Given the above legislative changes, we are able to proceed with
the annexation of eight (8) separate enclaves consisting of 18
parcels in thirteen (13) different ownerships.
The attached information shows all of our annexation areas and
identifies those which are eligible for annexation under the
ELMS-III legislation. All of these parcels are located along
North Federal Highway. Please note that three very small
parcels remain in the County's jurisdiction since there is no
Delray Beach boundary to their north.
Also attached is the approving Resolution and the
Intergovernmental Agreement. A similar Intergovernmental
Agreement has been enter into by the County and the Town of
Jupiter with the BOCC action occurring on November 16th. Rivera
Beach has a similar agreement pending BOCC consideration.
Next Steps: Upon approval of the Intergovernmental Agreement by
the County, it will be necessary to process individual small
scale amendments to the Comprehensive Plan and to affix zoning
(GC) to the individual parcels. These actions will require
public notice, specific notice to property owners, public
hearing before the Planning and Zoning Board, and enactment, by
Ordinance, of the City Commission.
"
City Commission Documentation
Annexation of Small Enclaves, North Federal Highway
Page 3
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not formally reviewed this
specific action, nor is a formal review required since
proceeding is clearly consistent with and furthers the
Comprehensive Plan. The Board, though, has reviewed this
specific program in its review and endorsement of the City's
Population Tracking System Report (June, 1993).
R E COM MEN D E D ACT ION:
By Resolution, approve the Intergovernmental Agreement with
additional direction that the Mayor may entertain and approve
minor modifications to the Agreement as may be requested, or
required, by the Board of County Commissioners.
Attachments:
* Location map and listing of eligible properties
* Approving Resolution (by others)
* Intergovernmental Agreement (by others)
DJK\CCENCL
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-- N. FEDERAL UNINCORPORATED COUNTY POCKETS __ i
706 - LOT NUMBER IB I
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ENCLAVE NO. PROPERTY CONTROL f PROPERTY OWNER
AND LEGAL DESCRIPTION
1 00-43-46-04-08-000-0010 Smith, R.I. & Darleen M.
Delray Beach Estates 610 S.E. 2nd Avenue
Lot I Pompano Beach, FL 33060
2 00-43-46-04-08-000-0050 Compagno, J. & Lucille
Delray Beach Estates % Merkle Et. AI.
Lot 5 110 E. Atlantic Avenue, 1400
Delray Beach, FL 33444
2 00-43-46-04-08-000-0051 Altmix, Don R.
Delray Beach Estates 2300 N. O~d Dixie Highway
Lot 5.1 Delray Beach, FL 33483
3 00-43-46-04-08-000-0130 Bland, V.C. & Christine
Delray Beach Estates 3 Harbour Drive N.
Lot 13 Ocean Ridge, FL 33435
4 00-43-46-04-08-000-0142 Schwerin T.M. & Juliette M.
Delray Beach Estates 2612 N. Federal Highway
Lot 14.2 Delray Beach, FL 33483
4 00-43-46-04-08-000-0160 Schwerin, Thomas M.
Delray Beach Estates 2612 N. Federal Highway
Lot 16 Delray Beach, FL 33483
5 00-43-46-04-08-000-0300 Catapane, Richard C & Dorothy M
Delray Beach Estates 2433 Timber Creek Circle
Lot 30 Boca Raton, FL 33431
5 00-43-46-04-08-000-0310 Panagos, Richard E.
Delray Beach Estates 2605 N. Federal Highway
Lot 31 Delray Beach, FL 33483
5 00-43-46-04-08-000-0320 O'Brien, Suter & O'Brien Inc.
Delray Beach Estates 2601 N. Federal Highway
Lot 32 Delray Beach, FL 33483
6 00-43-46-04-08-000-0370 Merchel, Mary F.
Delray Beach Estates 245 Lake Eden Way
Lot 37 Delray Beach, FL 33444
6 00-43-46-04-08-000-0371 Bushley, Edgar J. Jr.
Delray Beach Estates 2401 N. Federal Highway
Lot 37.1 Delray Beach, FL 33483
6 00-43-46-04-08-000-0380 Merchel, Mary F.
Delray Beach Estates 245 Lake Eden Way
Lot 38 Delray Beach, FL 33444
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ENCLAVE NO. PROPERTY CONTROL f PROPERTY OWNER
AND LOCATION
7 00-43-46-04-08-000-0400 Solomon, Gerald J.
Delray Beach Estates 17096 Northway Court
Lot 40 Boca Raton, FL 33496
8 00-43-46-04-00-000-5040 Carr, Casy T. & Elaine M.
North of the Flea Market 2740 S.W. 11th Court
Parcel 504 Boynton Beach, FL 33426
8 00-43-46-04-00-000-5041 Carr J.Y. & Marilyn B.
North of the Flea Market 3654 S. Federal Highway
Parcel 504.1 P.O. Box 524
Boynton Beach, FL 33425
8 00-43-46-04-00-000-5050 Drive-In Theatres of FL Inc
Flea Market-Parcel 505 3291 W. Sunrise Blvd.
Ft. Lauderdale, FL 33311
8 00-43-46-04-00-000-5060 Drive-In Theatres of FL Inc
Flea Market-Parcel 506 3291 W. Sunrise Blvd.
Ft. Lauderdale, FL 33311
8 00-43-46-04-00-000-5070 Drive-In Theatres of FL Inc
Flea Market-Parcel 507 3291 W. Sunrise Blvd.
Ft. Lauderdale, FL 33311
PC/CSE.COC
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ANNEXATION AREAS
The adjacent map describes all unincorporated land located
within the City of oelray Beach's Planning and Service Area.
These areas are designated for annexation according to Objective
B-3, of the Future Land Use Element of the City's Comprehensive
Plan.
Objective B-3 subdivides the designated properties into the
following "annexation areas":
#1 North Federal Highway
#2 Southeast of Linton and Military Trail
#3 Southwest of Linton and Military Trail
#4 East of Military Trail, north and south of Atlantic Avenue
#5 West of Military Trail, north and south of Atlantic Avenue
(less Country Club Acres and High Point of Delray West)
#6 East of Military Trail, north of Lake Ida Road
#7 High Point of Delray West, west of Military Trail
#8 Country Club Acres, west of Military Trail
#9 The Hardrives Holdings off Congress Avenue
I
The Projected Annexation Schedule (page B- 5) , slates formal
annexation procedures to begin by the year 1995, for all
annexation areas (less areas 16 and 19).
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LAND USE EL.D.tNET (POUCY B-3.4). OF THE crrrs
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PLANNING DEPARTMENT
LECEND: I MU ~
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MAY 1"J OM SCAU
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM i q G - MEETING OF NOVEMBER 23. 1993
AWARD OF BID - VARIOUS COMPONENTS OF TENNIS CENTER/STADIUM
PHASE II PROJECT
DATE: November 19, 1993
This item is before you to consider awarding the bid for various
components of the Tennis Center/Stadium Phase II project. Staff,
along with the consulting architect, have reviewed the individual bid
packages and recommend award as follows:
Paving Big "D" Paving Company, Inc. $28,315
Landscaping Bermuda Landscape and Design 22,000 ,
Fire Protection J.W. Fire Sprinkler, Inc. 12,750 I
Awnings Tropical Awning 6,200
Irrigation McCoy Irrigation, Inc. 4,100
Tennis Courts *AAA Courts, Inc. 181,860
AAA Courts, Inc. is the second low bidder. The low bidder, Gator
Court, submitted a bid which contained an alternate court system.
Based upon the architect's review, the system provided by them did not
meet our criteria in that they proposed a different under lining and
drainage system than that employed in Phase 1. Given the these
facts, staff and the architect recommend that the bid be awarded to
AAA Courts, Inc. in order to maintain continuity of the project.
In addition to the above items, staff is also recommending that the
commission award the contracts for electrical and plumbing. Both
items are being rebid. Bid opening is scheduled for 10:00 A.M. on
Tuesday, November 23rd. A recommendation will be provided to the
Commission at that time which will include a funding source for these
items.
Recommend approval of the award of bids as provided above, with
funding from General Construction Fund - Tennis Center/Stadium Phase
II (Account No. 334-4145-672-63.60) and consider award of bids for
electrical and plumbing services with funding to be identified.
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Agenda Item No.:
AGENDA REOUEST
Date: November 16. 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 23. 1993
Description of item (who, what, where, how much) : Followina review of the
submitted bids for Phase II of the tennis center. staff reauests Citv
Commission's approval and award of various contracts listed below in the amount
shown. These contractors have been deemed to be the lowest responsible bidders
for this work. Fundina is available for this work under
Account # 334-4145-572-63.42. Fol1owina are the contracts readv for award:
1. Bid "D" pavina Co.. Inc. S 28.315.00
2. Bermuda Landscapina & Desian. Inc. S 22.000.00
3. J. W. Fire Sprinkler. Inc. S 12.750.00
4. Tropical Awnina S 6.200.00
5. McCov Irriaation. Inc. S 4.100.00
6. AAA Court. Inc. S181.860.00 (Includes
deduct Chanae Order for
revised foundation
*7. Electrical S
*8. Plumbina S
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the above listed contracts
Department Head Signature: ~4cl- 0" _~.~ II//ilf ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (rpnuired on all items involving expen~ure of fU~): ~
Funding available: ~JNO ~~~o,~~~~51~t i~rs ') 1IoS1LL..
. Funding alternatives NO/~ P~VI fif a 1. Cl)
~Account No. & Description
Account Balance 'j$?"( 2. 'f-7~ 'f'j
I
City Manager Review: 8/NO eJJ1 Agenda Coordinator Review:
Approved for agenda: Received
Hold Until: Placed on Agenda:
Action:
Approved/Disapproved
(*)Indicates items which are to be presented and awarded at the November 23,
meeting, however, specific company names and costs are not available at this
time. They will be provided prior to Commission meeting.
/agenda.kt
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: RALPH E. HAYDEN, P.E. ~?d!JI
CITY ENGINEER
DATE: NOVEMBER 17, 1993
SUBJECT: TENNIS CENTER PHASE II
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
On October 21, 1993 the City received and opened bids submitted
by various sub-contractors for the tennis center addition - Phase
II. Following this bid opening, Digby Bridges of Bridges, Marsh
& Associates, PA, began the process of individual bid package
review and evaluation to determine the adequacy of proposals.
Following staff review, we recommend the City commission approve
award of those contracts listed below in the amounts shown.
Funding for this work is available from Account
#334-4145-572-63.42.
Item Contractor Amount
Paving Big "0" Paving Co., Inc. $ 28,315.00
Landscaping Bermuda Landscape & Design 22,000.00
Fire Protection J. w. Fire Sprinkler, Inc. 12,750.00
Awnings Tropical Awning 6,200.00
Irrigation McCoy Irrigation, Inc. 4,100.00
Tennis Courts AM Courts, Inc. 181,860.00
In addition, staff requests the City commission approve and award
contracts for the electrical (including lighting) and plumbing
contractors at this time in order to maintain the critical
schedule.
with regards to the electrical, we have gone out for re-bid with
the added provisions of four (4) alternate items for
consideration, mostly due to budgetary concerns.
The plumbing portion was not picked up by any contractor and also
required a rebid. Both the electrical and the plumbing bids are
due in the Purchasing Department by 10:00 A.M. Tuesday November
23,1993, and will be evaluated and presented to the Commission
for their consideration and award, prior to their regular meeting
that evening.
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with regards to the tennis courts contract award three bids were
received on October 21, 1993. The low bidder Gator Court has not
demonstrated to our consultants that they are providing an equal
to the court system specified. We are recommending that we award
this contract to AAA Courts, Inc. since they meet the
specifications. The specified system is what is currently in
place at the Tennis Center and is functing well.
Additional miscellaneous items such as Sound Equipment, Event
signs, Archi tectual Fencing, Paver Blocks, and General Signage
will be submitted to you under separate cover for further
consideration once all the cost information is available. These
items will not impact the project schedule at this time.
It is imperative that we move forward with these contracts,
especially the courts, electrical and plumbing if we are to
complete this project by the time the next virginia Slims
tournament is held in late February 1994.
Attached is a bid tabulation and other associated back-up
information.
WG:JA:kt
cc: William H. Greenwood, Director of Environmental Services
File: 93-42 (A)
WGJA9342.KT
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DELRAY BEACH TE NI\lIS CENTER PHASE II - SUMMAR.Y of BIDS RECEIVED
WORK B I D S R E C E I V E D
I - --_.~--
ELEMENT CONTRACTOR CONTRACTOR CONTRACTOR
Gator Courts 1170000 AAA Construct. 11.93860 I-Papico Constrct'n 1205580
TENNIS Tent bases metal 5,80CJ 9,999\ AIt, windscreen
COURTS Alt. windscreen 12,200 Alt. windscreen 16,825
Bic ID"Pavina 1 33 515 1 1
PAVING and
DRAINAGE
Allowance I 28 000 1 1
SITEWORKS, PAVERS Pavers - 2600 sf 18,000
and CONCRETE PAVING * Paving - 5000 sf 10,000
1 3544 I 1
MISCELLANEOUS Messagebrd base 168
METALS E W C Baseplates 376
... ' Lower court rail 3000 .
City of Delrav 1 20 000 1 1
OWNER'S LABOR & 13 weeks @ 750 9,750
MAT'LS ALLOWANCE 13 weeks @ 500 6,500
Misc. materials 3750
City of Delrav 1 1000 I 1
STUCCO and Labor by Owner 0
PAINT Materials 1,000 .
- - ..
Best Electrical 1138450 ~merican Lighti,nal142 000 1
ELECTRICAL and Amount Incl. for Amount il).cl, 'for
LIGHTING sound and stage sound and stage
lighting 38 412 lighting 42 400 ,
Allowance 1 12 500 1 1
PLUMBING incl. GREASE
TRAP & SEWER CONN,
Tropical Awnings 1 6200 1 1
GAZEBOS - FRAMES
and CANOPIES
,
GoodLife 1 4494 1 1
SOUND
SYSTEM
. Briaht Images 1 4846 All Specialtv Sales( 1296 1
SIGNAGE * tSronze Plaque
Rest Rooms 540
1 2350 1 1
EVENT SIGN - Bob Le Buhn 1,850
HOUSING Aicor Roofing 500
Fabctn's Plus 1 16 090 Dixie Metal Prods I 53 294 1
ARCHITECTURAL Picket fence/gates 14,200
FENCING and GATES Spec gates and
fencing 25 134
Bermuda L!scape I 22 000 Tropical Lndsc'pel 29296 Tuttles Desgn/B'lcI 34537
LANDSCAPING
See Irrigation
McCov Irrigation I 4.100 Bermuda Landscol 4500 Tuttles Des'~mtB'lcI 5430
LANDSCAPING
IRRIGATION -
"IW, Fir!> Sprinklerl 12.750 _____,_. L_,~-. " ___ 1 "]
FIRE LINES Excluding making ..--_ . _l. . - _..-
and SPRINKLER good wk. dist'bd
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PROPOSAL
(BID FORM)
Proposal of AMA ('( k,,-~-1 ~, _\ nc. .
(Contractor)
J-\ t-1 ~ ~, u..J ' "'6 ~ n-~ -\~\'QJ.Qe I~."":'-\-e \Od \ ~n'-L~ I \=\,"3?)~
(Address) .
to furnish and deliver all materials and to do and perform all
work in accordance with the Contract Documents for the Project
, entitled:
PROJECT NAME: Delray Beach Tennis Centre
CITY OF DELRAY BEACH PROJECT NO: 93-42
CONSULTANT PROJECT NO: 9302
To: Purchasing Officer
City of Delray Beach, Florida
100 N.W. 1st Avenue
'-:.:~' ' Delray Beach, Florida 33444
l. The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the Contract
Document.
2 . Bidder accepts all of the terms and conditions of the
Instructions to Bidders. This Bid will remain open for
sixty (60) days after the day of Bid opening. Bidder will
sign and deliver to the CITY the Agreement and submit the
Insurance Certificates and other documents required by the
Contract Documents within fifteen days after the date of
OWNER'S Notice of Tentative Award. If Bidder should fail
to sign the Agreement and deliver it to the CITY along
with the Contract Security, Insurance Certificates and
other documents within said period, the CITY shall have
the power to rescind said award.
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DELRAY BEACH TENNIS CENTRE - PHASE II PROJECT NO. 93-42
4 . Bidder will complete the Work for the following price:
Contract No. 1~ennis Courts .n~V'j~vr/ /9-~/ Iplb"'~
c///" R~,../n&-,.. QR/ ~~/f /~~l"'r'
gl~5;;.Yf ~~h~f ~/ rrt7'~ DOllars ($ 11":3/ r /t?, ~:/o ).
Al terna te Bid I tern No. 1 (Contract No. 1 only): Replace wi nd
scree~: Add :::':~ /AOI'/Stlu/ .L/tid '+uK1f~'r~~H""/"""1'
d..//~"",j ~I/,~h ...-v.....h Dollars oC).
Contract No. 2 Electrical /Jo.t/ e
Dollars ($ ) .
Contract No. 3 Plumbing .f/c, 1(/ f
Dollars ($ ) .
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Contract No. 4 Paving and Drainage ~/o4/t
-:
Dollars ($ ) .
Contract No. 5 Landscaping
tAj,V f/J
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Dollars ($ ).
Contract No. 6 Signage
.L1>,,{/ ...e
'I Dollars ($ ).
Contract No. 7 Architectural Fencing ,j)ytIf!
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Dollars ($ ) .
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CITY OF DELRAY BEACH
CIlAHGE ORDER TO ORIGIHAL COHTRACT
CHANGE NO. 1 PROJECT NO. 93-42 DATE:
PROJECT TITLE: Delrav Beach Tennis Center Phase II
TO CONTRACTOR: AAA Courts. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Based on revisions to the temporary tent foundations the scope of work has been reduced
and revised.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT S 193.860.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED -0-
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 193.860.00
COST OF CONSTRUCTION CHANGES THIS ORDER 12.000.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 181. 860.00
PER CENT J~~~J~~/DECREASE THIS CHANGE ORDER 6.2 %
TOTAL PER CENT J~~~J~~/DECREASE TO DATE 6.2 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT -0- CALENDAR DAYS TO
Date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
CONTRACTOR SIGNATURE (CONSULTING ARCHITECT OR ENGINEER)
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services 334-4145-572-63.42
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commision
RECOMMEND: By:
PROJECT MANAGER MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
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'rnpnsul Page No,
BIG "D" PAViNG COMPANY, INC.
6619 WALLIS ROAD Paving .
WEST PALM BEACH, FLORIDA 33413-1637 Sealcoat
, (407) 697-BlG-D (2443) FAX (407) 640-3450
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PHONE DATE
Beach 243-7327 Nov. 04 1993
JOB NAME . 'f .
, ,'" I 1 ~ ' " , ~h,I~.~,(\~;
Delr-a Beach Tennis Cen I , "~,\ :,')I.~',
JOB lOCATION , I; '\:ii,{:'
Beach' Fl 33
Do\TE OF PLANS ' ,;:\';'
fll ~I:'I
Jose ?
We hereby submit specifications and estimates for: ,"".",k~'
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~ONSTRUCT ASPHALT PARK ING AREA: , . )., ,:lt~~\:;I
/. Sub-base .,to",'be:O+/- 'one,Hl)"'inch., Compa.:t sub-base' to' 98Y.":AASHTO '1:"'"180;.\;~I~u : 'r,
Place'eight(8) inches':'of D.O.T. approved lime"rock graded'for proper:f~:>"\!I}II~,t.~
drainage and elevations and compacted to 981. AASHTO T-180. Prime area with:
EP-225 and apply one and one half ( l'1.d inch compacted average thickness
Type-I,I I asphaltic concrete. I
Remove existing sidewalk, compact sub-base to 98'l. AASHTO T-180. Place
, (4) inches of D.O.T. approved lime rock grade~ for proper drainage and
elevations and compacted to 981. ,AASHTO T-.180.
Concrete removal
Drop curb and gutter
Concrete approach
" Concrete curbing
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I Place twenty-four (24) car stops and stripe st,alls
, I
One (1) STOP sign and STOP bar. \".'
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One (1) DO NOT ENTER sign
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12 month guarantee on workmanship and materials. This guarantee excludes
! , any and all liability for cracking caused, bY,:structural imperfecti9Ds. "'~l,,"
j'\1"';'!: regarding"'ex isting q' ;_1 - .'. ,., r I" ~.,,~ ,1',,'" ..' I t,,~ ,I !
";i! 'i'i)~Y' sub-base materials and/or work done bothers. " ' " ' ,
; I"f :'i I ,"/
T Dr 11rnpnsr hereby to furnish material and labor - complete in accord:~ce with above specifications. for the sum of: '
;1,
TWENTY-EIGHT THOUSAND THREE HUNDRED FIFTEEN AND 00/100 28,315.00
dollars ($ ) ,
Payment to be made liS lollows:
Upon scheduled draws.
All m.t.r'.' I. .u.r.nt.... to be .. lpec,li.d, All work to b. compl.t.d in . workmanlik.
m.nn.r .ccordinlto .t.nd.reI pr.ctic.., Any .1I.r.'ion or d..,.'ion frorn .bOY. ,pacific.,
lion. Inyofyin. ...,.. cost, will be ..tH:uted only upon written ord.rs. .nd will bKome an
...ra cha,.. over and .bov. the estimate. All ..'Mm.n.. contin.ent upon ttrl.4!I. accident. AuthOfizeel Slgn.ture
or delays beyond our control. Own., to carry fit.. tornado and other nee....,ry ,,,sur.nee.
Ollt _kl.. .re tully c.....reel by Worllmln'. Compensation Insur.nCI, d.y.,
Acceptante nf 'rnpnl1a1-The above prices, specificat~ons Sianature
and conditions are satisfaclory and are hereby accepted. You are authOrized
to do the work as specified. Payment will be made as outlined above,
No work will be pIflormed wilhoul . .Igneel propoealln our olllee, Sianature
Oat. of Acceplllnce: I
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PROPOSAL
(BID FORM)
Proposal of BURMUDA LANDSCAPE & DESIGN, INC.
(Contractor)
1116 POINSETTIA, DELRAY BEACH, FL. 33444
(Address)
to furnish and deliver all materials and to do and perform all
work in accordance with the Contract Documents for the Project
, entitled:
PROJECT NAME: Delray Beach Tennis Centre
CITY OF DELRAY BEACH PROJECT NO: 93-42
CONSULTANT PROJECT NO: 9302
To: Purchasing Officer
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
1. The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the Contract
Document.
2. Bidder accepts all of the terms and conditions of the
Instructions to Bidders. This Bid will remain open for
sixty (60) days after the day of Bid opening. Bidder will
sign and deliver to the CITY the Agreement and submit the
Insurance Certificates and other documents required by the
Contract Documents within fifteen days after the date of
OWNER'S Notice of Temtative Award. If Bidder should fail
to sign the Agreement and deliver it to the CITY along
with the Contract Security, Insurance Certificates and
other documents within said period, the CITY shall have
the power to rescind said award.
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DELRAY BEACH TENNIS CENTRE - PHASE II PROJECT NO. 93-42
4 . Bidder will complete the Work for the following price:
Contract No. 1 Tennis Courts
N/A
Dollars ($ N/A ).
Alternate Bid Item No. 1 (Contract No. 1 only): Replace wind
screen. Add N/A
Dollars ($ ) .
:
Contract No. 2 Electrical
N/A
Dollars ($ N/A ) .
Contract No. 3 Plumbing
N/A !
Dollars ($ N/A ) .
Contract No. 4 Paving and Drainage I
_N/A . I
Dollars ($ N/A ) .
Contract No. 5 LandscaPiEt
LANDSCAPING,SOD,PLANTS,TR S ECT.-------$ 22,000,00
IRRIGATION---$ 4,500.00 Dollars ($ 26,500.00 ) .
Contract No. 6 Signage
filA
Dollars ($ N/A ) .
Contract No. 7 Architectural Fencing
N/A
Dollars ($ N/A ) .
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PROPOSAL
i (BID FORM)
I
Proposal of J.W. FIRE SPRINKLER, INC.
(Contractor)
!
i 106 Euston Court Royal Palm Beach, FL 33411
I (Address)
to furnish and deliver all materials and to do and perform all
I
work in accordance with the Contract Documents for the Project
j thlti t.:i..ed:
PROJECT NAME: Delray Beach Tennis Centre
CITY OF DELRAY BEACH PROJECT NO: 93-42
,
I CONSULTANT PROJECT NO: 9302
I To: Purchasing Officer
City of Delray Beach, Florida
100 N.W. 1st Avenue
.. Delray Beach, Florida 33444
i
i 1. The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
I indicated in this Bid and in accordance with the Contract
Document.
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2. Bidder accepts all- of the terlUs cmd conditions of the
l Instructions to Bidders. This Bid will remain open for
sixty (60) days after the day of Bid opening. Bidder will
sign and deliver to the CITY the Agreement and submit the
1 Insurance Certificates and other documents required by the
Contract Documents within fifteen days after the date of
OWNER'S Notice of Tentative Award. If Bidder should fail
to sign the Agreement and deliver it to the CITY along
with the Contract Security, Insurance Certificates and
other documents within said period, the CITY shall have
the power to rescind said award.
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DELRAY BEACH TENNIS CENTRE - PHASE II PROJECT NO. 93-42
,
i 4 . Bidder will complete the Work for the following price:
I
I Contract No. 1 Tennis Courts
I
I Dollars ($ ).
Alternate Bid Item No. 1 (Contract No. 1 only) : Replace wind
I screen. Add
Dollars ($ ).
I
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Contract No. 2 Electrical
Dollars ($ ) .
I 'Contract No. 3 Plumbing
twelve thousand seven hundred
I and fifty Dollars ($ 12,750.00 ) .
i Contract No. 4 Paving and Drainage
I
Dollars ($ ) .
i Contract No. 5 Landscaping
. Dollars ($ ) .
I
Contract No. 6 Signage
1 /
Dollars ($ ) .
Contract No. 7 Architectural Fencing
i Dollars ($ ) .
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\ PROPOSAL
(BID FORM)
1 Proposal of TlZo.2.l G~ L (lJ..?l\iI\1 ~3eif <Sl~ ~
klG ~ (Contractor) f='L ~ 3~4-8c.{
\ 2Z( ::, "-' il0i3 Oe-I~ ~
(Address
\ to furnish and deliver all materials and to do and perform all
work in accordance with the Contract Documents for the Project
entitled:
j
I PROJECT NAME: Delray Beach Tennis Centre
CITY OF DELRAY BEACH PROJECT NO: 93-42
, CONSULTANT PROJECT NO: 9302
,
\ To: Purchasing Officer
I City of Delray Beach, Florida
100 N.W. 1st Avenue
\ Delray Beach, Florida 33444
I 1- The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
i indicated in this Bid and in accordance with the Contract
Document.
I
I 2. Bidder accepts all of the terms and conditions of the
Instructions to Bidders,. This Bid will remain open for
I sixty (60) days after the day of Bid opening. Bidder will
I sign and deliver to the CITY the Agreement and submit the
Insurance Certificates and other documents required by the
I Contract Documents within fifteen days after the date of
OWNER'S Notice of Tentative Award. If Bidder should fail
to sign the Agreement and deliver it to the CITY along
with the Contract Security, Insurance Certificates and
other documents within said period, the CITY shall have
, the power to rescind said award.
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I Contract No. 8 Sitework and Site Furnishings
~
_F~2>filL- LIY"fl6 Dollars ($ ~ 200 - ).
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I PROPUSAL
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i (BID FORM)
i I1C~~\~~~1 ~C-
Proposal of
(Contractor)
~.D.&'l<. ~~ .lM-~\\~~.~ _ ~~L\6b
· (Address)
to furnish and deliver all materials and to do and perform all
work in accordance with the Contract Documents for the Project
entitled:
. .... ..... PROJECT NAME: Delray Beach Tennis Centre
~ '. ..... ,
CITY OF DELRAY BEACH PROJECT NO: 93-42
CONSULTANT PROJECT NO: 9302
To: Purchasing Officer
City of Delray Beach, Florida
100 N.W. 1st Avenue
........., Delray Beach, Florida 33444
1. The undersigned Bidder proposes and agrees, if this Bid is
accepted, to enter into an Agreement with the CITY in the
form included in the Contract Documents to complete all
Work as specified or indicated in the Contract Documents
for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the Contract
Document.
2. Bidder accepts all of the terms and conditions of the
Instructions to Bidders. This Bid will remain open for
sixty (60) days after the day of Bid opening. Bidder will
sign and deliver to the CITY the Agreement and submit the
Insurance Certificates and other documents required by the
Contract Documents within fifteen days after the date of
OWNER'S Notice of Tentative Award. If Bidder should fail
to sign the Agreement and deliver it to the CITY along
with the Contract Security, Insurance Certificates and
other documents within said period, the CITY shall have
the power to rescind said award.
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Contract No. 8 Sitework and Site Furnishings
Dollars ($ ).
CON1~"T ~~. \S- ~~~ ~(ioA"Ot:::>
~ \~.~N" \\-l>>~"1;l. 1\""" "'%,o ~~&,\,\O().O~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM i qjf - MEETING OF NOVEMBER 23. 1993
CHANGE ORDER NO. 4/CHAZ EOUIPMENT COMPANY. INC.
DATE: November 19, 1993
This is a change order in the amount of $66,692 to the contract with
Chaz Equipment Company, Inc. for the construction of additional water
mains and drainage facilities in conjunction with the Beach Road
Reconstruction Project.
The change order is necessary in order to improve water service on
Gleason Street; to reduce ponding problems at Gleason Street and
Atlantic Avenue; to improve drainage on Basin Drive and to relocate ,
drainage on Seabreeze Avenue in order to accommodate a new water main. i
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The scope of service under this change order includes relocation of ,
existing services and two fire hydrants to 16" main Gleason !
a on
Street; removal of substandard water mains on Gleason Street to
accommodate the construction of storm drainage; replacement of the
east-west segment of drainage pipes on Basin Drive with with proper
backfill; and, relocation of the drainage line on Seabreeze Avenue,
south of Thomas Street to the center of the road in order to
accommodate the construction of a new water main. 1
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Recommend approval of Change Order No. 4 to the contract with Chaz
Equipment Company, Inc. in the amount of $66,692; with funding from
Water and Sewer Renewal and Replacement - Water Distribution
Improvements (Account No. 442-5178-536-61.78) and Stormwater Utility
Fund - Beach Road Reconstruction (Account No. 448-5461-538-62.22) .
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Agenda Item No.:
AGENDA REOUEST
Date: November 19, 1993
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 23, 1993
Description of item (who, what, where, how much): Staff reauests approval of
Chanae Order #4 to Chaz Eauipment Co.. Inc. for 566.692.00. Improvements
include removal of 10" and 2" water main and construction of drainaae on Gleason
street. replacina drainaae on Basin Drive. and relocatina proposed drainaae on
Seabreeze Ave. The fundina sources and cost breakdown for these chanaes are as
follows:
Water 442-5178-536-61.78 for 527.549.00
Drainaae 448-5461-538-62.22 for 539.143.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends Chanae Order #4 to Chaz Eauipment for water
main and drainaae uparades in the amount of 566.692.00. Fundina sources are as
follows: Water. 442-5178-536-61.78: Drainaae. 448-5461-538-62.22
Department Head Signature:~~L... Jt/,C,/'?3
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of
Funding available: ES NO
Funding alternatives
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ~/NO ~
Hold Until: C.:7 .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S'~ !;3~D ~ IMf/4)~eJl3
AG202N18.MRM ., l<~ It> "'ge foo.1tt/).? mM 'fy-g S'HI t3e fW--.I(..lS~
'3?o~fYO ~. Clf M>I\.. ~61c;'t Na;;(JS'1O
10 tkft.a.;T TcttS )(tf\.. I ,If
s;t hS IO~ \>.J~ ~f\.Cvep IN Y'3 FiPtt. ~~O~ l
/b I C4tA~ ~V\f .
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P.E.~~
City Engineer ~~
DATE: November 18, 1993
SUBJECT: BEACH RECONSTRUCTION PROJECT, PROJECT NO. 92-02
Attached is an agenda request and backup information for
approval of Change Order No.4 for Chaz Equipment Co., Inc.
This change order is for additional drainage facilities for
the Beach Reconstruction Project. In summary this work is
as follows.
Gleason Street - Atlantic Ave. to Miramar
On Gleason Street there is an existing 10" cast iron water
main, which is not in good condition. Also on Gleason is a
deteriorated 2" galvanized water main, which the domestic
services on the street are connected to. There is also an
existing 16" DIP main that was installed in 1991. We
recently ran a computer model of our water system in this
area and determined that the 10" and 2" mains can be deleted
and not impact the system. Staff recommends that these
lines be removed at this time and the existing water
services be reconnected to the 16" water main across the
street. The advantages of taking this action now is two-
fold: 1) The potential for water main breaks in a newly
paved road is greatly reduced, and 2) We can now have room
to install drainage facili ties on Gleason Street in the
corridor where the 10" and 2" mains were located. The new
drainage will enable us to intercept some of the runoff
coming from adjacent parking areas into a positive drainage
outfall system. This will greatly reduce the ponding
problems at Gleason Street and Atlantic Avenue which
presently exist.
We are recommending this action at this time, since we did
not have the computer modeling capabilities when the road
plans were originally designed. See Exhibit "A" for
location.
'.
project No. 92-02
Page two
Basin Drive
Commission recently approved some drainage improvements on
the north-south segment of Basin Drive. However, the
drainage pipes on the east-west segment, when exposed during
construction, were found to have numerous leaking joints.
staff considered making repairs at a cost of approximately
$14,000.00, however the soil conditions are very poor.
staff recommends these drainage lines be replaced with new
pipe installed with proper backfill materials for
$19,739.00. This action will greatly reduce our long term
maintenance. See Exhibit "B" for location.
Seabreeze Ave.
Staff recommends relocating proposed drainage south of
Thomas Street to the center of the road to accommodate
construction of new water main.
Funding for this work will be as follows:
Item Cost
Gleason st
Relocate existing services from 2" main
to 16" main (8 ea.) $ 9,450.00
Relocate two (2) fire hydrants from 10"
main to 16" main $ 7,012.00
10" water main removal & cap/plug existing $ 6,337.00
2" water main removal & cap/plug existing $ 4,750.00
Construct storm drainage after removal $14,237.00
Install drainage on Basin Dr. $19,739.00
Install drainage on Seabreeze $ 5,167.00
-----------
Total $66,692.00
-----------
-----------
Funding sources will be as follows:
Total Cost
R & R, Water Distribution
Improvements 442-5178-536-61.78 $27,549.00
Beach Road Reconstruction
Drainage 448-5461-538-62.22 $39,143.00
RH:mm
File: Project No. 92-02 (D)
RH202N18.MRM
'.
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,.
CITY OF DELRAY BEACH
CHANGE ORDER ':rO ORIGINAL COH'rRAC':r
CHANGE NO. 4 PROJECT NO. 92-02, 93-15 DATE:
PROJECT TITLE: Roadway Reconstruction Plan (Projects East of Intracoastal Waterway)
SE 5th street (Pavement and Utility Improvements)
TO CONTRACTOR: Chaz Equipment Co., Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Remove and replace existing 24" RCP drainage and associated structures on Basin Dr from
Seabreeze Ave west to existing drainage pump station at Intracoastal.
On Gleason St from Atlantic Ave to Miramar St relocate existing water services on 2"
gal vanized main and reconnect to existing 16" DIP water main;relocate two fire hydrants
from 10" cast iron main to existing 16" DIP; remove existing 2" galvanized and 10" cast
iron main.
On Gleason St after removal of the 2" and 10" water mains install new storm drainage
in accordance with plan sheets 18 & 19 dated April '93 with revisions thru 11/16/93.
On Seabreeze south of Thomas install storm drainage in accordance with plan sheet 17
dated April '93 with revisions thru 11/10/93.
Payment will be made at the respective unit prices for actual field measured quantities.
'.
Page 2
Change Order #4
Chaz Equipment Co., Inc.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,349,381. 45
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 160,700.70
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,510,082.15
COST OF CONSTRUCTION CHANGES THIS ORDER $ 66,692.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,576,774.15
PER CENT INCREASE THIS CHANGE ORDER 4.9 %
-
TOTAL PER CENT INCREASE TO DATE 16.8 %
INCREASE IN CONTRACT TIME FOR THIS CHANGE IS THIRTY (30) CALENDAR DAYS
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable.
for Chaz Equipment Co., Inc.
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Env Services Dept Water 442-5178-536-61.78 for $27,549.00
Drainage 448-5461-538-62.22 for $39,143.00
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
'.
'.
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttr1
SUBJECT: AGENDA ITEM i qr - MEETING OF NOVEMBER 23. 1993
SERVICE AUTHORIZATION NO. S/ECKLER ENGINEERING
DATE: November 19, 1993
This item is before you to consider a service authorization in the
amount of $12,600 to the contract with Eckler Engineering for
engineering services necessary to study and prepare bid documents for
a Hydrogen Sulfide Control System.
In the past, the City has maintained an agreement with Peroxidation
Systems, Inc. for hydrogen peroxide injection at strategic points in
the sewer system where odor control was a paramount concern. This
service authorization is for the provision of consulting services to
study the requirements of the submersible sewer system relative to
odor and hydrogen sulfide control, development of a set of performance
standards for vendors and preparation of the required bid documents.
Recommend approval of Service Authorization No. 5 to the contract with
Eckler Engineering in the amount of $12,600 with funding from Water
and Sewer Renewal and Replacement - Lift Station Conversion to
Submersible (Account No. 442-5178-536-61.83).
.
..
.
Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: Nov. 15.1993
xx Regular Agenda
Special Agenda
Workshop Agenda When: Nov. 23.1993
Description of item (who, what, where, how much): Staff reauests
Commission aooroval of Service Authorization No. 5 for Eckler
Enaineering in the amount of $12.600.00 for oerformance of an
engineerina studv and oreoaration of oerformance soecifications and bid
documents for a hvdrogen sulfide control svstem for the citv's sanitary
sewer system. Services are reauired to establish system reauirements
for hYdrogen sulfide control uoon completion of imorovements
incoroorated with the In-Line Booster Pump station oroiect. The fundina
source for this proiect is account #442-5178-536-61.83.
ORDINANCE/RESOLUTION REQUIRED: YES/~ DRAFT ATTACHED: YES~
Recommendation: Staf recommends a of S ice Authoriz
for Eckler Enqineerina.
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 fl.llds):
Funding available: ~NO
Funding alternatives (;2 applicable)
rlvI~ ./ Account No. & Description 4'1-0>. S/78 sS! U. 8.3 ,-,Is ef:>/.- -
'f.{"'- Account Balance .J J'71 ?lfI. 25 L/~"" ~mmN c..Nv~CVDi\.J 7"D
SvaMeY\S1 <3L(,
City Manager Review:
Approved for Agenda: ~J'NO 1}>v1
Hold until: D' L/ / - I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
..
MEMORANl)UI(
TO: David T. Harden
c~ty Manager ~
FROM: R1chard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: Hydrogen Sulfide Control System
Study and Bid Document preparation
PN 94-043
DATE: November 15, 1993
Attached please find an agenda request and a copy of proposed
Service Authorization No. 5 for Eckler Engineering in the total
amount of $12,600.00 for performance of an engineering study and
preparation of bid documents for a hydrogen sulfide control system
for the City sewer system.
In the past, the city has maintained an agreement with peroxidation
Systems, Inc. for hydrogen peroxide injection at strategic points
in the system where odor control was of paramount concern. You may
recall that this contract was extended for six months in september
to allow sufficient time to evaluate the City's needs for odor and
hydrogen sulfide control in light of the repiping and new equipment
being integrated into the sewer system with the In-Line Booster
Pump station project.
In concert with foregoing, this service authorization is for the
provision of consulting services to study the requirements of the
sewer system relating to odor and hydrogen sulfide control, develop
a set of performance standards for vendor provision of the
necessary services, and ultimately prepare the required contract
documents for bidding of the services.
The funding source for this work is account #442-5178-536-61.83.
cc: William H. Greenwood, Director of Environmental Services
Ted Glas, Purchasing Officer
Robert Bullard, Maintenance superintendent
File: 94-043 (D)
Memos to City Manager
'.
HtIV-15-93 l'lOt.1 10: 57 ECKLER EH~ I 11EER I IIG 7552741 P.131
. \
IE: ECKLER ENGINEERING
- "!
November ]5,"1993 '-----'--------CONSUL TlNG CIVIL ENGIN~ER$
215, EO
Mr. Richard HasKo, P.E.
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, I<1 33444
Dear Mr. Hasko:
Reference: Hydrogen Sulfide Control System
City of Delray Beach
Enclosed are five (5) signed copies of the proposed Service Authorization Number 5
outlining a project description and our scope of services for the selection of a Hydrogen
Sulftde Conlrol vendor to \:ontrol hydrogen sulfide levels in various areas of the City's
wasl~water collection system.
The City llas a ...eed to control the k.'ds of hydrogen sulfide in various lift stations and
within tlle gravhi' (:ollectiou hnd force l.\lain systems. TIle major areas of coneern have been
determined but Ihe method and c.o~1 /)f control is still unknoW11. Eckler Engineering
proposes to pre-il'lalify vario\l$ yC,ndol:; who can provide the product and service required
for H turnkey oJleration for ~()ntrol 01 hydrogen sulfide. On the basis of a fonnal pre.
qua I ification prctt:edure, fin\l~; will 1)(: Pl': ..qua lified for testing their products witbin the City's
wastewater colle... ion sysh:an, The.st: 11I,~,-qua1ified bidders will then determine tlle cost for
controlling hydIngen sulfidl~ \','ithin Ok various parts of the system hased upon their test
l'esults. Eckler '~ngineedri.g wm evaLI clte their test results and hid proposal and make a
l'eCt)fnmendatioll 10 tbe City for the 1I.'..rd of a hydrogen sulfide control Contract.
We have incorporated your (~ommeI1ts ~Iud corrections from our final review of this Service
Authorization into this final SClvice A.llthorization pIOposal. Please place this Service
Autllorization on the City Commissioll Agenda for their review and approval.
We look fOlwanJ to the opportunity of beillg ahle to continue to work with tIle City of
Delray Beach on this important wastewater collection system improvement program.
If you have any questions or require additional infonnation pel1.aining to this proposal,
please do not besitate to contact me.
Sincerely,
])(/~A. ~~
Donald A. F....ckler, P.E.
Encl.
2'lSEO.OO2
,'- ------_._~..__.. ~ -
--
93111 Wt:ST SAMPLE ROAD. CORM. 5PRINOS, FL 33065 3()5/755-1351
PrlnllHt on Afll"",vdF'lrl P~1n.~r FAX .105/755-nH
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t,mV-15-93 NON 1121: 58 ECI:LEf< EHI:' II,tEEI': I He; 75~:.2r'41 P.02
ECKLPR ENGINEERlNO
CITY OF DELRA Y BEACH
CONSU1~TING SERVICE AU11JORIZATION
DATE~ November 15. 1993
SERVlCE AUTIiORIZATION NO.. 5 . FOR CONSULTING SEn VICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.: CITY 215,EO ECKLER ENGINEERING
TITLE~ Selec.tion of a Hydrogen Sulfide Control System for the Gravity Sewer S)'.stem.
This SelVice Authorization, when executed, shall be incorporated in and shall become all
integral part of the Contract, dated Novemheu. 1991. between the City of Delray Beael}
and Eckler Engineering.
I. PROJECr DESCRIPTIO!,!
This Service Authorization covers the selection of pre-qualified bidders, the
preparation of testing and perfomlanc,e specifications, vendor testing and bidding
procedure.s and evaluation of bids and award recommendation for the Hydrogen
Sulfide Control System for the City's Gravity Sewer System.
II. ~COPE OE~ERYICE~
This project bas been broken iuto fom distinct phases whic11 do not necessarily
correspond to tIle nonna) phases of a Shldy and design projeet. TIle four phases of this
project and II brief description of each project is as follows:
A. Phase 1 - Vendor Pre.Qualifications
1. Eckler Engineering will meet with representatives of the Regional
Wastewater Treatment Facility to determine the acceptahle limits of
hydrogen sulfide and what cllemicals may he used in the gravity sewer system
which will 110t impact their treatment process. TIle Engineer shan also meet
with the City of Delray Beach to detennine the major areas where hydrogen
sulfjde must be cont.rolled and to what levels. Pre-qualification requirements
will be established and a specification s11a11 he written for the pre-
quaHflcatlOll of vendors. Vendors witi submit det~Hed information for
evaluation and a briet' dlscll~sion of how they anticipate hnplemcnting a
program to solve the City's hydrogen sulfide problem. An advertisement for
Page 1 of 6
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1--1:0'1-15-'93 1'101-.1 1 ij : 5'3 E C t< l. ERE II G I II E E ~: I II G 7552741 P.03
the pre-qualification of these vendors may be sent through the City's
Purchasing Department liS required.
2. Ed..1er Engiuet:ring wHl evaluate the vendors responding to tIle pre-
qUCilifieatioll request and prepare recommendations to the City on the
vendors wIdell shall be qualified to perform actual on-site tests within the
City's sewer system.
3. Eckler Engineering will meet with the City to discuss recommendations and
to obtain the City's approval for acceptance of the pre-qualified vendors.
4. TIle vendors shall be notified of their acceptance as a pre-qualified vendor.
B. Phase 2 - Preparation of Te~ting/Perfomlance Specifications
1. B~kler Engiueering sha 11 meet with the City to outline and veIify:
a. The &y&wm's performance requirements.
b. The ~cheduHng {OJ testing periods.
c. The sy stem operational requirements, testing, ma'iutenancc and
adjustments oftlw proposed systems.
d, The de1enulnatiol'l of specific locations for sampling and testing of both
liquid and attllosp\J,eric hydrogen sulfide levels for whicl1 results will be
used for vendor e,\/atuatio1\.
e, ObtaJn spedfic illfdrmation from the Purchasing Department pertaining
to the preparation of a purchase specification.
f. The ContTact length for the selected vendor,
2. Contact the pre-qualified vendors to detemline how much time they will
need for testing including initial slug dosing and system preparation.
3. Contact the Palm Beach County Department of Environmental Resource
Management and other applicClble local agencies for storage requirements
of vendor proposed chemicals.
4, Prepare a system map to show tlle outline of the gravity sewer system, pump
stations and force mains, ~how the evaluation sample points and show major
roadways and eanals for reference purposes,
5. Prepare testing/perfomlance specification l)ackage based upon information
outlined in Items 1, 2 and 3.
6. Submit the preliminary specifications to the City for review.
7. Prepare the final specifications for suhmittal to the pre-qnaHfied vendors.
Page 2 of 6
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t,fO'v'-15-93 t'1ot-l 11:00 ECKLER ENGINEERING 7552741 F'.04
C. Phase 3 . Vendor Testing and Bidding
1. Eckler Engineering shaH work with the pre.quaHfied vendors to:
a. Prepare a testing schedule and send the bid package to the pre-
qualified vendors for their testing within the City's system.
b. Notify the City and wastewater treatment plant officials of the testing
periods.
c. Coordinate the testing with the vadous vendors to eliminate overlap
and complications during the testing process.
d. Receive the completed proposal package from the pre-qualified
vendors.
D. Phase 4 - Evaluation of Dids and Award Recommendation
1. Ecl;1er Engineering sban receive the bids from the testing process prepared
by tbe pre-qlli\lified vendors and;
a. Prepare a bid tahulation.
b. Review the vendor hid proposals and testing results.
c. Prepare n recommendation award for the l1ydrogen sulfide control
system to the City.
It is anticipated that the Contract for the supplying of tile 11ydrogen sulfide
control system win be on it purchase order basis and not a general constmction
contract basis, Eckler Engineeling will prepare tile technical specifications and
the contract win be ft purchase order prepared by the City of Delray Beach.
III. D!Hlget
Eckler Engineering proposes to provide the setvices under the four phases of this
project in accordance with Sectioll 7 - Compensatioll, Paragraph A, Method 1 - Lump
Sums Page 17 of the AGREEMENT. 'llle lump sum for each of these phases is as
follows:
Phase 1 . Vendor Pre-Qualification $3,000.00
Phase 2 - llreparation of Testing/Performanct: Specifications $5,700,00
Phase 3 - Vendor Te~,ting and Bidding $2,300.00
Phase 4 . Evaluation of Bids and Award Hecollll11endation n.600.00
TOTAl.. $12,600.00
Page 3 of 6
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t-loV-15- 93 t'10H 11 :00 ECKLER ENGINEERING 7552741 P.05
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IV. Completion Date
Phase 1 . The preparation of tbe pre-qualification criteria shall be developed within
20 days of receiving the Notice to Proce,ed. The evaluation of the pre-qualification
~ubmittal data sball be completed 10 days after the date set for receiving this data.
Phase 1 - l11e prepamtion of Ule testing and performance specifications shall be
completed within 30 di~YS of receiving Authorization to Proceed with Phase 2.
Phase 3 . TI,e vendor testing and hidding period will vary in length depending upon
the number of pre-qualified vendors. It is anticipated that eac1, vendor will utilize 2
to 3 weeks tt.J complctl~ their test-big,
Phase 4 - Evaluation ofhids and award recommendation. A recommendation of award
shan be suhmitted within 14 days of receipt of the final vendor proposals.
This Service A1Hhorization is approwd contingent UpOIl the CITY's acceptance of and
satisfaction of tbe completion of the services rendered in the previous phase whereas
encompassed by the previous Se1V1ce Autbor1'lation. If the cn"Y in its sole discretion is
unsatisfied with the services provided in the previous phase or Service Authorization, the
CD"Y may tenninate tbe contract without incurring any furtber liability. The consultant
may not commence work on any Service Authorization approved by the CrrY to be
included 8S part of the contract without any further notice to proceed.
Page 4 of 6
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS I
FROM: CITY MANAGERt7"! I
SUBJECT: AGENDA ITEM ~ ~~ - MEETING OF NOVEMBER 23. 1993
CHANGE ORDER NO. 2/FOWLER ENERGY SYSTEMS. INC.
DATE: November 19, 1993
This item is before you to consider a change order in the amount of
$13,250 to the contract with Fowler Energy Systems, Inc. for Add
Alternate No.3, Community Center Gymnasium Re-Roofing.
I
Staff has found that the Community Center Gymnasium roof has I
blistered felts and damaged wood sheathings which causes water to
leak and penetrate the floor below during rain storms. The contractor
is currently on site and staff recommends that Add Alternate No. 3 be
added to their contract.
Recommend approval of Change Order No. 2 in the amount of $13,250 to
the contract with Fowler Energy Systems, Inc. for Add Alternate No.3;
with funding from General Construction Fund - Buildings (Account No.
334-6112-619-62.10).
t;)-O
Agenda Item No.:
AGENDA REOUEST
Date: November 12, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 23, 1993
Description of item (who, what, where, how much): Staff rec:ruests the citv
Commission approve Chanae Order #2 for Add Alternate #3 to Fowler Enerav
Svstems, Inc. for reroofina of the Communitv Center avmnasium roof Proiect No.
93-45). The contractor anticipates beina on site on November 26-28, 1993 to do
the work previouslv approved bv the Citv Commission and can do this additional
work while on site without an extension of contract time. Bid submitted by
Fowler Eneray Systems, Inc. dated July 21. 1993 indicates cost to do this
additional work at S13,250.00. Acceptance of this chanaeorder will increase
the contract by 19% for a total cost of S95,185.00. Fundina for this additional
work will be from Account #334-6112-519-62.10.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends
Department Head Signature: ~ 1I/16.fer ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~red on all items involving expenditure of funds):
( Funding available: E NO
~Unding alternatives (if ~iCable)
Account No. & DescrJ;tion 3::;...,.. h/I:;Z S:-/ '1 6::1.10 c.,S - Gerv.CrJS7P-. FO.
Account Balance 4I(~ D.trJ -
City Manager Review:
Approved for agenda: fij/NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG345N12.MRM
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MEMORANDUM
DEPARTMENT OF ENVIRONMENTAL SERVICES
TO: David T. Harden
City Manager
FROM: William H. Greenwood /Jt~f ( 11f.
Director of Environmental Services
DATE: November 16, 1993
SUBJECT: CHANGE ORDER #2
COMMUNITY CENTER REROOFING
Attached is an agenda request for the regular City
Commission meeting of November 23, 1993 for additional
roofing at the community Center. We request that the City
Commission approve this change order to allow for Add
Alternate #3 as submitted by Fowler Energy Systems, Inc. on
July 21, 1993. FOllowing a meeting on November 11, 1993,
between Joe Weldon; Richard Corwin; David Miller, our
consulting architect on this project; Ted Fowler, the
roofer; and Jose Aguila, Asst. Construction Manager; it was
determined that due to the current blistering of the roof
felts, damaged wood sheathing and water penetrations to the
gymnasium floor below, that the contractor perform this
additional work at this time. Staff recommends the City
commission approve this request for Add Alternate #3. The
added cost for this work is $13,250.00. The available
funding source for this project is 334-6112-519-62.10.
Please place this request on the next agenda for Commission
approval.
WHG: JA: mm
attachments
cc: Joe Wel'don, Dir. of Parks and Recreation
Richard Corwin, Dep. Dir. of Public Works
File: Project No. 93-45 (D)
WHG345DH.MRM
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 PROJECT NO. 93-45 DATE:
PROJECT TITLE: Miscellaneous reroofina and Mechanical Unit Replacement - Pompev Park.
Communitv Center and Beach Patrol.
TO CONTRACTOR: Fowler Enerav Svstems. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Per bid submitted dated July 21, 1993, Item A6, Add Alternate #3, Community Center
roof.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 70,685.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 11,250.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 81,935.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 13,250.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 95,185.00
PER CENT INCREASE THIS CHANGE ORDER 19 %
TOTAL PER CENT INCREASE TO DATE 35 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 0 CALENDAR DAYS TO
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
CONTRACTOR SIGNATURE (CONSULTING ARCHITECT OR ENGINEER)
(Seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-6112-519-62.10
FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
project Manager Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
CH345N12.MRM
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4. Bidder will complete the Work for the following prices:
SCHEDULE OF CONTRACT PRICES
Bid
Item
li2..a. Description Total
1- Pompey Park Base Bid $~87'S:oo
(Lump Sum)
2. community Center Base Bid $ :2-1 ~ /.2 0;, tOO
Roof (Lump Sum) ,
3. pompey Park Base Bid $ ,
M~ch Units (Lump Sum)
4. Indemnification Base Bid $10.00
(Lump Sum)
Bid Alternates:
.
Provide prices for the following alternates as well as
the base bid: , *
- Alternate #1 Add dollars ($ ~6 7s'8f
Beach Patrol Facility Re-roofing
Alternate #2 Add dollars ($// ~~O-I~~'-
Pompey Park Gymnasium Roof Re-roofing \ I ",
Alternate #3 Add dollars ($ 15r 2.57:> ~
Community Center Gymnasium Roof Re-roofing
....-.L.--t_..........~,._ Alternate #4 Add dollars
. Pompey Park - clean and insulate existing
I, diffusers
, 'Alternate #5 Add dollars ($ ~ R"'7of
I .
~! Pompey Park - remove mansard roof at gymnasium' and re-
roof'with 20 year warranty, Class A, fiberglass asphalt
roof shingles by GAF or equal
....ii
, '
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM i ~r( - MEETING OF NOVEMBER 23. 1993
SERVICE AUTHORIZATION NO. 8/PROFESSIONAL ENGINEERING CONSUL-
TANTS. INC.
DATE: November 19, 1993
This item is before you to consider a service authorization in the
amount of $31,982 to the contract with Professional Engineering
Consul tants, Inc. for engineering services in conjunction with the
rehabilitation of Lift Station Basins 14, 15, 16, 19 and 19A.
The scope of service under this authorization includes the performance
of a collection system rehabilitation study, project manual
preparation, bidding services and construction drawing preparation.
I
This project is part of the continuing Inflow and Infiltration I
program. I
Recommend approval of Service Authorization No. 8 to the contract with I
Professional Engineering Consultants, Inc. in the amount of $31,982; \
with funding from Water and Sewer Renewal and Replacement Sewer ,
Systems/Manhole Rehab (Account No. 442-5178-536-61.84). I
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Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: Nov. 15. 1993
xx Regular Agenda
Special Agenda
Workshop Agenda When: Nov. 23. 1993
Description of item (who, what, where, how much) : Staff requests
Commission aooroval of Service Authorization No. 8 for Professional
Enqineerinq Consultants. Inc. in the amount of $31.982.00 for consulting
services in coni unction with the rehabilitation of sanitary sewers in
systems 14. 15. 16. 19 & 19A. Services include review of closed circuit
TV loqs of sewer mains. oreoaration of an engineerinq reoort identifying
segments reauirinq rehabilitation due to inflow and infiltration.
methods for rehabilitatinq such mains. oreoaration of contract documents
for biddinq the work and construction administration of the oroiect.
The fundinq source for this project is account #442-5178-536-61.84.
ORDINANCE/RESOLUTION REQUIRED: YES.(@) DRAFT ATTACHED: YE@J
Service No.
nc.
Department Head Signature: .fv~ u....
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if appl icable) :
Budget Director Review (required on all items involving expenditure of flllds) :
ru Funding available: ~NO
Funding alternatives (if applicable)
Account No. & Description ~ Ell ~'f~~ JJtjAI'V~~ ~
Account Balance
City Manager Review: IV .( 3,/?'2, t'2..-'f-g- /
Approved for Agenda: @/NO tl1
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
~ 3 Approved/Disapproved
(j) - *'1' '+e. S'
'I, ~'3 ~IeVCl"-:P~ fle~
:z; 100'0 ~t>J,~ ~~.
382. g2...l.?- 4~
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MEMORANDUM
TO: David T. Harden ~
City Manager
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: Professional Engineering Consultants, Inc.
Service Authorization No. 8
Sanitary Sewer Rehabilitation Systems 14, 15, 16, 19, 19A
PN 94-015
DATE: November 15, 1993
Attached please find an agenda request and a copy of Service
Authorization No. 8 for Professional Engineering Consultants, Inc.
in the amount of $31,982.00 for performance of analysis and
evaluation of sanitary sewers in the subject lift station basins.
Services proposed include review of closed circuit television tapes
of gravity sewer lines in the subject systems, preparation of an
engineering report identifying line segments requiring
rehabilitation due to inflow and infiltration and outlining methods
for accomplishing the rehabilitation. Additional services include
preparation of contract documents for bidding the proj ect and
provision of construction administration services.
The funding source for this work is account #442-5178-536-61.84.
cc: William H. Greenwood, Director of Environmental Services
File: 94-015(D)
Memos to City Manager
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PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DELRA Y BEACH
CONSULTING SERVICE AurnoRIzATION No.8
DATE: __
SERVICE AUTHORlZA TION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.:
CITY OF DELRA Y BEA CH PEe DB-IO/l.O. 2.0 and 3.0
TITLE: REHABILITATION STUDY AND PREPARATION OF PROJECT MANUAL FOR SANITARY
SEWER SYSTEMS, LlFT STATION BASINS 14, 15, 16, 19 and 19A
TIlis service authorization, \l<hen executed, shall be incorporated in and shall become an integral part of
the Contract, Dated Decemher 4, 1991, by and between the City of Delray Beach and PEC.
I. Pfl0,TECT DESCRwrJ01~
111e objective of this assignmcnt is to e','lluate the condition of sanitary gravity sewer collection systems
in Lift Station Ba:;ins 14, 15, 16, 19 and \9A within the City of Delray Beach. Evaluation of Lift Station
Basins 14, 15, 15, 19 and 19 A will consbt of review of all pertinent data furnished by the City, preparation
of T.V. survey t1eld reports for each lin0 segment as shown on the CCTV tapes, surface conditions and
manhole conditi,)n investigation, and invl:stigation of the general condition of the collection system. Based
on this evaluation, a written report will he furnished to the City staff or review. The written report will
summarize the conclusions from the evaluation; prioritization of each sewer segment (manhole to manhole)
with respect to estimated III l:ontribution (categorizing segments as extreme, poor, marginal, fair and good);
dl~velop rehabilitative alternatives for repair or replacement of defective pipe, manholes and surface features
sllch as total reconstruction, point repair I slip lining and/or insitu lining; cost comparisons of rehabilitative
alternatives for each sewer segment and recommendati':lns as to construction phasing to repair or replace
defective segments. This assignment will also include development of a Project Manual for construction
of sanitary gravity sewer system rehabilitation and/or re~()nstruction, rIhe Project Manual will incorporate
the City of Delray Beach Standard General Conditions CPEC will revicw and make recommendations for
modifications to these General Conditions), Division 1 - General Requirements as developed by PEC, and
Technical Specification sections for materials and methods for each replacement/repair technique as
developed in the rehabilitation study. PEC will provide construction phase services including
preconstruction and monthly project meetings, intermittent site visits, review of shop drawings, field
questions and construction problems, prepare field orders, work directive and change orders as required
and provide substantial and final inspections.
II. S.COPE OF SERVICES
The development of this assignment consists of three three (3) phases as follows:
I'hase I - Collection System Rehahilitation Study:
Evaluation of sanitary sewer collection systems in L.S. Basins 14, 15, 16, 19 and 19A. Prepare
written report on findings, recommendations for repair or replacement methods and cost
comparisons for each segment.
- 1 - P-3113 (11-10-93)
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CONSULTING SERVICE Aunr.oRIZATION No.8
Continued
Phase II - Project Manual Preparation - Biddin~ anA.Award:
Preparation of bidding documents, general requirements and technical specifications related to the
materials and methods for repair and/or replacement of sanitary sewer collection systems.
Distribute Project Manuals to prospective bidders, and assist in evaluation and award of
construction contracts.
Phase III - Construction Phase Services:
Assist City RPR in administration of the construction contract for this rehabilitation project.
Detailed Scope of Services is included in Attachment "A".
III. BUDGET
The following services shall be paid on the basis of the following methods in accordance with the
Contract Agreement, the total not to exceed $31,982,00 without further authorization from the City:
Activity Basis of Payment Budget
Phase I - Collection System Rehabilitation Study Hourly $ 16,304
Phase II - Project Manual Preparation Hourly 8,104
Phase III - Construction Drawing Preparation Hourly 7.574
TOTAL BUDGET: $ 31.982
(This Authorization)
Detailed Manhour and Budgets are Included In Attachment "B".
The Consultant shall be reimbursed for additional services not included in the above basic fees, such as but not
limited 10: special permitting, additional printing, property surveys, and reSident services during construction, not
to exceed an amount of Seven Thousand Dollars ($7,000). These additional services shall be approved by the City,
in writing, on an item per item basis.
IV. COMPLETION DATI~
The collection system ft~habilitation sl1ldy shall be completed within 30 days from Notice to Proceed (or
from receipt of City provided information as requested) at which time PEC will submit copies of the
completed report to the City of Delray Beach.
The Proje<:l Manual will be prepal\;:d and submitted to the City (in draft form) within 30 days from
completion and City approval of tht:; rehabilitation study.
Construction Phase completion schl;l(lules will be developed on a case by case basis as requested by the
City of Delray Beach and will notL~ a part of this completion schedule.
Detailed Completion Schedule is included in Attachment "C".
- 2 - P-3113 (11-10-93)
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CONSm[flNG SEJ(~{lCE AUTHORIZATION No.8
Continued
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion
of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City
in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City
may terminate the contra(:t without incurring any further liability.
APPROVED BY THE CITY OF PROFESSIONAL ENGINEERING
DELRA Y BEACH CONSU~.~~~
DAY OF . 1993
- BY:- rnA. 1
Tom R, Kelley. P.E,
Type or Print
Da.e:-dJ.J::j93 (SEAL)
CITY OF DELRA Y BEACH, a municipal
corporation of the STATE OF FLORIqA
STATE OF FLORIDA
COUNTY OF ORANGE
BY: The f~O~ instrument was acknowledged before me this~ day
MAYOR
of l)., 1993 was acknowledged by Tom R. Kelley.
P,E, , (name
ATIEST: of officer or agent, title of officer or agent of, or agent,
Professional Engineerin'rC~ultants. Inc. (name of corporation
acknowledging), a (state or place of
BY: incorporation), corporation, on behalf of the corporation. He/She is
personally know!} to me/or has produced
APPROVED AS TO FORM: (type of identification) as identification
and did (did not) take an oath.
BY: ~L~t.,J 'fh;:u:ed4-
City Attorney
Signature of N01.ary ublic - State of Florida
__'-~ '" \, CAHOL YN n. MADOOX
HOT~;;) \ My Comm bp, .12/01/91;
~ PUBLIC ,(~ Bonded Gy Service Ins
~ t ';\~~. )e'orf16PJ~ Public
'ef~ ~no.... I oo.l D.
(SEAL)
- 3 - P-3113 (11-10-93)
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PROFESSIONAL ENGINEERING CONSUL TANTS,INC, PROJECT COST BUDGET ATTACHMENTB P-3113R
CLIENT..........., CITY OF DELRAY BEACH DATE OF ESTIMATE...... 9/23/93
REVISED 11/12/93
PROJECT NAME...... REHABILITATION SlUOY AND PREPARATION OF PROJECT LABOR MULTiPLIER...... 3,00
MANUAL FOR SANITARY SewER SYSTEMS IN LIFT STATION DIRECT MULTiPLIER..... 1.00
BASINS 14, 15, 16,19 AND 19A,
******.*****....'.*....................... ...*....***........**....***** ...*** ."'......*..****...*.......*. ............***...........................................................
LABOR~9STDETAlh
PHASE I: \ PHASE II: \ PHASE III: DIRECT MULTI
COLL SYSTEM PROJECT MANUAL CONST, PHASE TOTAL LABOR LABOR
LABOR CLASS RAT~ REHAU, STUDY PREPAM.TION SERVICES HOURS COST COST
PROJECT DIRECTOR $3:.i.oo 20 20 13 53 $1,749 $5,247
PROJECT MANAGER $22,00 0 0 0 0 $0 $0
SENIOR ENGINEER $10,50 106 70 96 272 $5,304 $15,912
SR, TECHNICIAN $1.1.60 20 20 2 42 $613 $1,840
CADD OPERATOR $11.50 16 14 3 33 $380 $1,138
CLERICAL $10,00 -=~ 14 7 ~ $3703 $1,110
SUBTOTAll.ABOR HOURS 178 138 121 437 $8.416
SUBTOTAL HAW lBR DOLLARS $3,363 $2,618 $2.435 $25,247
SUBTOTAL TOT lBR DOLLARS S 1 0,089 $7,854 $7,304
*********.*.. ** *_**.._.........__.'........_....""..._.....__..__._.t ** ****** ._....___._.._._._. ***...*********.*******.**********..***"********.*.'*****.......**__**_t
QTHER DIRECT COST DETAIL ACTUAL MULTI
ITEM DESCRIPTION ODC ODe
TELEPHONE Oong distance onlv} $20 $30 $30 $80 $80
POSTAGE $20 $20 $40 $80 $80
REPROD,/PRINTING ==_ $50 $200 $200 $450 $450
SUBTOTAL DIRECT $ $90 $250 $270 $610
SUBTOTAL MULT DIR $ $90 $250 $270 $610
****.........._..._.................. *___....._.... *,.......,*__..._*.......... ft_._._ ***** **_......___._._______ *****.**.*********M*******.,.**.*.*..******_.**.,**.*....****t
j:;XTERNAL ASSOCIATES COST DETAIL ACTUAL MULTI
EXTERNAL ASSOCIATES ODe ODe
OMS ENVIRONMENTAL INC. $6,125 $0 $0 $6,125 $6,125
$0 $0 $0
- $0 $0 $0
SUBTOTAL ASSOCIATE $ $6,125 $0 $0 $6,125
SUBTOTAL MULT ASSOC. $ $6,125 $0 $0 $6,125
._t_......._.._..........................._____....________.. t_*... tttt, *t ..,*********,,***.****'************.****.****1IIr*******_.*....tt.t.t_t....*....._____.......
TOTAL LABOR, ODO's &
EXTERNAL ASSOCIATES $16,304 $8,104 $7,574 $31,982
'.
..
11/113/1993 19:29 141375746725 DMS ENVIRONMENTAL PAGE 132
dms Enviranm.nlal Inc.
RD. Box 4293 · Enterprise, Florida 32725 · 407-574-6725 · 407-256-9612
November 10,1993
P-93-038
Mr. R. Kent Veech
Professional Engineering Consultants. Inc.
200 East Robinson Street. Suite 1560
Orlando, Florida 32801
Regarding: Sanitary Sewer Rehabilitation Study, City of Deny Beach, Florida
Dear Mr. Veech:
In response to your request dms Environmental. Inc. (dms) is pleased to submit this
proposal relative to providing services for the above referenced project.
We have enclosed gross budgetary cost requirements which have been outlined
within the key tasks which will be completed dLU1ng this study. However, due to
the complexity of the project additional services may be requested. The following is
a list of our a\.tending services:
1. Review CC1V tapes and field data logs supplied by PEe
2. Prepare master report for each sewer segment per subsystem boundary
3. Develop rehabilitative alternatives per line segment
Once costs estimates have been completed for the above alternatives, dms will assist
PEC in the development of a priority schedule with each individual line segment
ranked according to severity. Our budgetary fee for these services is based on a not
to exceed figure of $6,125.00. Additional services if requested will be billed at the
rate of $60.00 per hour.
I would like to thank PEC for the opportunity in submitting this proposal. If you
have any additional questions, please don't hesitate to contact our office.
Sincerely,
dms Environmental. Inc.
~~~'(-C
William J. Semek
General Manager
WJS/dsbvvastewatftr Infrastructure Maintenance and Rehabilitation
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~~ MANAGER
SUBJECT: AGENDA ITEM it qL - MEETING OF NOVEMBER 23. 1993
PROPOSAL FROM THE JOINT VENTURE - CHRISTMAS TREE EXHIBITS
DATE: November 19, 1993
This item is before you to consider a proposal from the Joint Venture
with regard to a Christmas Tree at Old School Square and mechanical
exhibits at Veterans Park.
The out-of-pocket cost to the City would be $35,000 to $50,000. We
have no money in this year's budget which could be used for this
project. The only possible source of funds I see is the General Fund
Fund Balance, which is already below our target level. Therefore, I
must recommend that we not allow this project unless it can be funded
from other sources.
Recommend denial of the proposal from the Joint Venture, unless it can
be funded from other sources.
~
'.
[ITY DF DELRAY BEA[H
DELRA Y BEACH
f LOR I D A
~ 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII.America City
, ~ III!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: #bert A. Barcinski, Assistant City Manager
SUBJECT: PROPOSAL FROM THE JOINT VENTURE - CHRISTMAS TREE,
EXHIBITS - PROGRAMS
DATE: November 15, 1993
The Joint Venture is proposing to rent a portion of a 110' foot
Christmas Tree ( 50' ) and four mechanical exhibits from Parrot
Jungle and install the tree on the S.E. lawn at Old School
Square and the mechanical exhibits at Veterans' Park from
12/16/93 through 1/3/94. In addition, other activities planned
for the season include:
1. Santa Claus set up at Veterans' Park and Old School
Square from 12/16 through Christmas
2. Boat Parade 12/10
3 . Christmas Parade 12/11
4. Christmas Concert in the Tennis Stadium sponsored by
Old School Square on 12/17
5. Stores downtown open in the evenings with shops
conducting various demonstrations and exhibits during
the time prior to Christmas.
I have reviewed, in depth, the logistics and needs associated
with such an undertaking with Marjorie Ferrer and our staff.
Herein follows a summary of responsibilities and estimated
costs, where known, for this undertaking.
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
'.
..
JOINT VENTURE CHRISTMAS EXHIBITS
Page 2
Joint Venture
l. Tree and Exhibit Rental $10,000
2. Construct Tree Pad $ 5,000
3. Purchase and install Christmas lights from $20,261
Swinton to Intracoastal (FP&L sponsoring two
blocks; CRA & DDA up fronting $15,000)
4. Concert in Tennis Center $ 8,000
5. Other items $27,000
A. Rental of flat bed truck to transport
tree to and from Delray
B. Rental of crane to lift and install tree
C. Engineering design for pad to hold and Donated Time
support tree
D. Hiring of crew to set up tree decorate,
and take down tree
E. Rental of bucket truck to decorate/tree
F. 24 hour security at both sites
G. Hiring and scheduling of Santa Claus
H. Publicity
I. Fundraising
Estimated Cost $70,261
City Responsibility and Other Items
l. Process (at no charge) permit for tree pad -0-
2. Erect/Construct mechanical exhibits (materials) $ 1,200
3. Move and adjust irrigation systems at OSS and $ 300
Veterans' Park
4. Replace damaged landscape materials, i.e. , grass, $ 2,500
plants, etc.
5. Power hook-up for tree and electric costs $ 1,500
6 . Traffic control/security - Police Dept. $22,100 - $29,600
18 Days - (Depends on number of days exhibit up and
whether someone else pays off duty rates
or we pay overtime (see attached memo))
7 . Fire/Rescue Service (see attached memo) (18 days) $14,500
8 . City contribution to Christmas light purchase $ 1,000
Estimated Cost $43,100-$50,600
Grand Total $113,361-$120,861
(Estimated costs do not include inkind services, i. e.
staff time)
JOINT VENTURE CHRISTMAS EXHIBITS
Page 3
Staff time will be needed during normal work hours to set up
exhibits and rope off planters for the Christmas parade. These
crews are also responsible for installing all Christmas
decorations, assisting in the installation of Christmas
decorations at the Police Station and Central Fire Station, and
installing the flags and signs for the Sunshine/Continental Cup
Tennis Tournament. All of these jobs are to be completed
between 11/22 and 12/16. Needless to say, the Streets, Traffic,
and Building Maintenance crews will be extremely busy, leaving
little time for regular job assignments. Staff also recommends
that if the exhibits are installed, traffic on Atlantic from
Swinton Avenue to U. S. 1 be changed to one way east from at
least 5:00 p.m. till 11:00 p.m.
Costs could be reduced by taking the tree down on 12/27/93
versus 1/3/94, and by changing the Fire/Rescue Service to one
mobile unit (3 persons) as opposed to two fixed units. Chief
Koen, however, does not concur with this change due to the
possible traffic grid lock that might occur.
I have also reviewed the preliminary plans for the tree pad. We
will need to obtain the services of a geotechnical engineer to
verify the allowable bearing capacity of the foundation soils
and the plans state that it will take 28 days for the concrete
to properly cure. Marjorie Ferrer is trying to obtain soil
samples, and the engineer told me that 28 days is a standard,
but they could start erecting the tree after three days. Our
Building staff feels that seven days is a more realistic number.
I do not have the authority to commit the City to these
projects, nor do I know where the funding would come from.
Authority to assist and to provide funding will need to come
from City Commission.
The Joint Venture staff has indicated that they will need to
know whether they can proceed with these projects before the end
of this week, preferably by Wednesday, 11/17/93, but no later
than 11/24/93. All City costs have been estimated.
RAB:kwg
Attachments
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pE,lRoAY, 8~Ap,!
Delray Beach Police Department .....
A11.America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , III I!
(407) 243-7888 Fax (407) 243-7816
DELRAYBEACHPOUCEDEP~NT 1993
MEMORANDUM
TO: Robert Barcinski, Assistant City Manager
THROUGH: Major Richard M. Lincoln,~.;J
Field Operations Bureau ~
FROM: Captain Alberto M. Melis,
Community Policing Division
DATE: November 11, 1993
SUBJECT: A'lLANTIC AVENUE-- CHRISTMAS PROJEcr
While we cannot accurately project pedestrian and vehicular traffic which
will result due to the Christmas Tree display at Old School Square and
the Animated Scenes at Veterans' Park, we can reasonably expect much
larger crowds than usual as extrapolated from past displays at The Na-
tional Enquirer in Lantana. I have discussed the plans with Captain
Lany Schroeder of the Patrol Division and Lieutenant Lennis Gillard of
Special Operations Section, which includes the Traffic Unit.
We agree with the concept of making the area surrounding Old School
Square one-way for the duration of the exhibit. That would alleviate the
traffic crush and make it easier for the officers to route traffic into a cir-
cular pattern. Which way is the one-way flow is not pertinent for our
purposes.
We have discussed staffing the project, and find that we will not be able
to staff this with on-duty officers, nor will we be able to redirect and re-
schedule enough officers for the project to staff. The time-line for the
project coincides with our busy holiday season and it is a time that we
will rescheduling and redirecting officers to staff shopping areas and the
downtown to prevent shoplifting, purse snatching and assist tourists
and shoppers. We find that leaves us with 'only two (2) alternatives, to
use personnel on overtime (if it is a City function) or to use personnel on
contract pay (if it is paid by an entity other than the City). Both cost es-
timates are given.
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If it is a City Sponsored venture, all costs are computed using the mean
of the pay scale for the officer and the sergeant computed at time-and-a-
half.
If it is a non-City event, then the sponsors would pay the officer a rate of
$17.00 per hour.
Officer: from $13.21 p/h to $19.56 p/h, mean $16.38 X 1.5= $24.57
Sergeant: from $15.45 p/h to $22.46 p/h, mean $28.43 X 1.5= $28.53
OFF WADING TIIE TREE:
It is estimated that either East Atlantic Avenue or N.E. 1 st avenue
(possibly North Swinton Avenue, depending on where the tree ultimately
ends up) will need to be shut down for four hours. As this would involve
at least one flatbed truck and a sizable crane, one officer would be
needed at each end of the work area in order to close off the street.
City: 2 officers X 4 hours = 8 hours X $24.57 = $196.56
Non-City: 2 officers X 4 hours = 8 hours X $17.00 = $136.00
CHRISTMAS TREE AND SCENES:
The tree and the holiday scenes are projected to be in operation from
6:00 PM to 10:00 PM. Officers would have to be in place about one-half
hour before and one-half hour after opening and closing time, therefore
five hours a day would need to be covered from December 16, 1993 to
about January 1, 1994.
TREE -- 1RAFFIC CONTROL:
We project that at the tree site, for traffic control, one officer will be
needed at the intersection of North Swinton and first, one halfway down
the block to Atlantic Avenue, one at the intersection of Atlantic Avenue
and Swinton Avenue, one halfway to the intersection of East Atlantic
Avenue and first, and one at first avenue. The officers in the middle of
the block are intended to minimize V-turns, cuts across shrubbery or
curbs and to be available if needed to cover the east and the north side of
Old School Square. This is a total of five officer for traffic control at the
tree.
TREE -- CROWD CONTROL:
We further project that at the tree site, for crowd control and security we
will need two officers at large.
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TREE -- COSTS:
Tree -- Traffic:
City: 5 officers X 5 hours = 25 hours X $24.57 = $614.25 per day.
Non-city: 5 officers X 5 hours = 25 hours X $17.00 = $425.00 per day.
Tree -- Crowd:
City: 2 officers X 5 hours = 10 hours X $24.57 = $245.70 per day.
Non-City: 2 officers X 5 hours = 10 hours X $17.00 = $170.00 per day.
Total Tree Cost Per Day:
City: $859.95
Non-City: $595.00
VE1ERANS' PARK -- SCENES:
There will be five animated scenes at Veterans' Park. We estimate that
we will need one officer for traffic control at NE 1 st street and NE 7th
avenue, and one officer for traffic control at the parking lot by Veterans'
Park and Atlantic Plaza to cover those trying to enter through the park-
ing lot. Two additional officers will be needed inside the area for crowd
control and security.
Veterans' Park - Traffic:
City: 2 officers X 5 hours = 10 hours X $24.57 = $245.70 per day
Non-City: 2 officers X 5 hours = 10 hours X $17.00 = $170.00 per day.
Veterans' Park -- Crowd:
City: 2 officers X 5 hours = 10 hours X $24.57 = $245.70 per day
Non-City: 2 officers X 5 hours = 10 hours X $17.00 = $170.00 per day.
Total Veterans' Park Cost per day:
City: $491.40
Non-City: $340.00
SUPERVISOR:
This presents the situation that at a given time there will be five officers
at one site and two at another above and beyond the force on duty. We
will require that one supervisor be also detailed to supervise the details
sites.
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Supervisor -- Cost:
City: 1 sergeant X 5 hours = 10 hours X $28.43 = $284.30 per day.
As the sergeant is working as a supervisor there is no non-city rate, and
his time-and-a-half rate will be paid.
TarAL COSTS:
City, per day:
Tree: $ 859.95
Veterans' Park: $ 491.40
Supervisor $ 284.30
Total per day: $1.635.65
Non-City, per day:
Tree: $ 595.00
Veterans' Park: $ 340.00
Supervisor: $ 284.30
Total per day: $1.219.30
GRAND TOTAL FOR PROJECT:
City:
Off loading the tree: $ 196.56
15 days X $1,635.65 = $24,534.75
TOTAL: $24.731.31
Non-City:
Off loading the tree: $ 136.00
15 days X $1,219.30 = $18,289.50
TarAL: $18.425.50
Should you require anything further, please do not hesitate to ask.
CC: Chief Richard Overman
Captain J. Larry Schroeder
Captain Edward Morley
Lieutenant Lennis Gillard
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[IT' DF DELHA' BEA[H
FIRE DEPARTMENT
II &~ cjc......&~, t'l..
M E M 0 RAN DUM
TO: ROBERT A. BARCINSKI
ASSISTANT CITY MANAGER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: NOVEMBER IS, 1993
SUBJECT: RESOURCE REQUIREMENTS - HOLIDAY ACTIVITIES
Based on our conversation today, I have analyzed our
emergency medical service staff requirements for both Veteran's
Park and Old School Square for the period of December 16, 1993
through January I, 1994.
Based on the seventeen day period, with the details
beginning at 5:00 p.m. and ending at 11:00 p.m., the outside
cost for this activity will be $13,746 based on using all
overtime personnel.
\(~ D.\; ~
Kerry B. Koen
Fire Chief
KBK/tw
Attachment: 1
cc: John Tomaszewski, Assistant Chief
FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444
407/243-7400. FAX 407/ 265-4660
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MEMORANDUM
TO: City Conunission
THRU: Barbara Garito, Acting City Clerk
FROM: Anita Barba, Executive Assistant
SUBJECT: APPOINTMENT OF A REGULAR MEMBER TO THE CIVIL SERVICE BOARD
DATE: November 18, 1993
James L. "Pete" Bowen, a regular member, passed away early last week.
Therefore, a vacancy has been created on the Civil Service Board for a
regular member to serve a term ending June 26, 1994.
According to the Civil Service Act, there are to be five (5) regular members
on the Civil Service Board; three (3) of which ar~ to be of different
vocations or vocational backgrounds, not employed by the City in any
capacity, official or otherwise and appointed by the City Conunission. In
addition, the Act provides for two (2) alternate members to the Board. A
person need not be a resident, property owner or business owner within the
City.
Harvey Brown, Jr., an alternate member of the Civil Service Board, would
also like to be considered for a regular member. The following persons
have also submitted applications and have been contacted to verify continued
interest:
Donald Allgrove Sally Antonelli
* Norma Bannoura (has also applied to Education Board)
Harvey L. Brown, Jr. (alternate member)
* David Cohen (has also applied to Education Board)
Marta Dorfman
Herbert Freese Melvin Hirth
Murray Kalish Lorraine Kasper
Leo Koppman * Rosalind Murray (has also applied
to Education Board)
J. Michael Pakradooni Murray Sohmer
Ben Stackhouse
* Horace Waldman (has also applied to Education Board)
Donald Zinunerman
Pursuant to Conunission direction, a check for possible code violations and
municipal liens was conducted. Mrs. Bannoura has one (1) outstanding
violation for non-conforming landscaping. A copy is attached to her
application. Also, the applications for the Civil Service Board and the
Education Board will be placed together in alphabetical order, per
Conunission direction.
Based upon the rotation system, the appointment will be made by Conunissioner
Jay Alperin (Seat #2).
ckk.doc j.~~/H4W.
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The following is a compliation of attached applications for
both the Civil Service Board and the Education Board:
Donald Allgrove
Sally Antonelli
Norma Bannoura
Eugene Binkovitz
Harvey L. Brown, Jr.
David Cohen
Marta Dorfman
Herbert Freese
Melvin Hirth
William IIBill" Keiser
Murray Kalish
Lorraine Kasper
Adele S. King
Leo Koppman
Nelson McDuffie
Rosalind Murray
J. Michael Pakradooni
Marilyn Schneider
Lawrence A. Siegel
Murray Sohmer
Ben Stackhouse
Horace Waldman
Reginald Williams
Donald Zimmerman
app.doc
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME J. Michael Pakradooni
967 Cypress Drive, Delray Beach, FL 33483
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
1395 NW 17th Avenue, Suite 113, Delray Beach, FL 33445
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE (407) 276-0924 BUSINESS PHONE (407) 278-1937
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Community Redevelopment Agency (CRA) or Civil Service Board (CSB)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
No city boards, several civic association boards (see reswre )
EDUCATIONAL QUALIFICATIONS B.S.E.A. (Environrrental Engineering), Masters
in Business Administration (Finance)
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
\
N/A
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GIVE YOUR PRESENT, OR MOST RECENT ~LOYER, AND POSITION
Atlantic Refrigeration Corp., President
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD Managed several large companies (see resurre)
- Past involverrent in several Real Estate transactions
Interest in the improverrent of the city's irrage
PLEASE ATTACH A BRIEF RESUME. -
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
SJr;1
SIGNATURE DATE
4/90
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J. MICHAEL PAKRADOONI
967 Cypress Drive
Delray Beach, FL 33483
(407) 276-0924
June 1, 1993
PERSONAL
In 1987 I moved to Delray. I purchased Atlantic Refrigeration
and my home in Tropic Isle. My family has lived in the Delray
area (Gulfstream, Ocean Ridge, Boca Raton) for the past 21
years.
Born: 11/25/51 Height: 6'1" Weight: 195 lbs.
Married: 2 daughters, ages 18, 15
Hobbies: Golf, fishing, squash, reading and investments.
PROFESSIONAL/COMMUNITY AFFILIATIONS
Member: Delray Beach Chamber of Commerce - Board of Directors,
Chairman, Governmental Affairs Committee
Delray Beach Kiwanis Noontime - Board of Directors, 2nd
Vice President
Tropic Isle Homeowners Association - Board of Directors,
Secretary
Delray Economic Leaders Political Action Committee -
Board of Directors, Vice Chairman
Florida Chamber of Commerce
Bethesda Hospital - Pro AM Golf Committee
Palm Beach Air Conditioning Contractors Association
Past
Member: Leadership Delray
Society of Plastic Industry - (Past Directors at large)
New England Society of Plastic Industry - (Past Chairman)
Manchester, N.H. Chamber of Commerce
National Management Association
Society of Civil Engineers
Denver Junior Chamber of Commerce
PROFESSIONAL
1988 - 1993: Atlantic Refrigeration - Delray Beach, Florida
President and Owner. Purchased company from
original owners January 4, 1988. Atlantic
Refrigeration has been servicing the Delray
community for 31 years. The company and it's 26
employees provide air conditioning and refrigeration
service to the residential and commercial markets.
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PROFESSIONAL - CONT.
1981 - 1987: Hussey Corporation, N. Berwick, Maine.
Executive Vice President and General Manager of 150
year old company's $17 million, 350 employee,
plastics subsidiary.
1974 - 1981: Gates Rubber Company, Denver, Colorado.
Rubber Operations - (Executive Development Program)
managing manufacturing operations
Gates Energy Products - managing manufacturing
operations
Corporate Development. - manager of Ne\v Product
Development Finance, responsible for financial
analysis on new product commercialization,
controller for $6 million research and development
budget, analysis of all company's mergers,
acquisitions and divestitures
Management Development - (corporate training
program) - 7 departments in 14 months
ACADEMICS
B.S.E.A (Environmental Engineering), 1973 University of
Denver
Masters in Business Administration (Finance), 1974
University of Denver.
,
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MEMORANDUM
TO: City Conunission
THRU: Barbara Garito, Acting City Clerk
FROM: Anita Barba, Executive Assistant
SUBJECT: APPOINTMENT TO THE EDUCATION BOARD
DATE: November 17, 1993
Kathryn S. Sloan has resigned from the Education Board. A copy of her
letter is attached. The resignation will create a vacancy to a term
ending July 31, 1995.
In order to qualify to membership, "The members of the Education Board
shall be residents of the City of Delray Beach or shall be a person
with a child or children attending Delray Beach public schools or
shall own property in the city and/or own or operate a business within
the city. Should a member of the Education Board not be a resident
of the City of Delray Beach, or a property owner and/or the owner-
/operator of a business within the city, and should that member's
child or children cease attending Delray Beach public schools, then
such member shall no longer be qualif ied to serve on the board".
Also, it is the intent, if possible, that the membership of the
Education Board shall include members who have a background in
business, real estate, and/or education.
The following persons have applied and have submitted their resumes:
Norma Bannoura (has applied to Civil Service Board)
Eugene Binkovitz
David I. Cohen (has applied to Civil Service Board)
William "Bill" Keiser
Adele S. King
Nelson McDuffie
Rosalind Murray (has applied to Civil Service)
Marilyn Schneider
Lawrence A. Siegel
Horace Waldman (has applied to Civil Service)
Reginald Williams
Pursuant to conunission direction, a check for code violations and
property liens was conducted. Mrs. Bannoura has one (1) outstanding
code violation which is attached to her application. The applications
for the Education Board and the Civil Service Board will be placed
together in alphabetical order, per Conunission direction.
Based upon the rotation system, the appointment will be made by
Conunissioner Ellingsworth (Seat #3).
nnp.doc ~~ 9~
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November 16, 1993
If
City of Delray Beach
Education Committee
Dear Mayor Lynch and Commissioners:
I am sorry to inform you that I am resigning from the Education
Committee. At this point in my life, I am finding that I have
family obligations and priorities that need to be addressed.
I am hoping to be able to seek appointment to another one of
Delray's fine committees - if not the education board again -
in a few years.
Thank you for allowing me to be directly involved in forming
the excellence and quality that is so prevalent in Delray.
Sincerely,
~C~
~
-;/ or _ ..
Kat n S. Sloa
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WILLIAM H. KEISER
3203-A Spanish Wells Drive
Delray Beach, FL 33445
(40'7) 637-0383
Beeper (40'7) 754-6161
CAREER OBJECTIVE
Seeking managerial position in field of construction utilizing experience, skills and education with
opportunity for growth and advancement.
EXPERIENCE
Project Superintendent,. Masonite Corporation, Horida Product Performance Group, Delray Beach, FL
1992-1993
Supervised reconstruction and re-siding program of 300 single family homes. Coordinated project
deliveries, suppliers and subcontractors for full program. Collected data and film documentation for
corporate litigation. Acted as liaison for homeowners and the homeowners association.
Project Superintendent,. Hyde Construction, Fort Lauderdale, FL 1~1991
Supervised aU field operations in the construction of Emission Control Vehicle Inspection Stations for
the State of Florida. Coordinated subcontractor scheduling, material expediting and shop drawings for
inspection review and all field changes required at three State Vehicle Inspection Stations (Jupiter,
Boynton Beach and Delray Beach).
Randall Cabinet, Fort Lauderdale, FL 1989-1990
Joint venture partnership installing custom cabinets in single-family custom home projects throughout
South Florida.
Project Superintendent,. Monogram Building and Design. Boca Raton, FL 1988-1989
Coordinated subcontractor scheduling and material expediting and supervised full progress field
operation in the construction of single-family custom homes at the Polo Club. Also handled customer
relations and decorator changes for the entire project.
Project Superintendent, G. Mustapick Enterprises, Inc, Jupiter, FL 1987-1988
Responsible for field operations and customer relations in the construction of single-family custom
homes in Admiral's Cove, Organized subcontractor scheduling and material expediting.
Project Superintendent, Sheldon Rubin Construction, Ltd, Boynton Beach, FL 1987
Coordinated site development and underground utility development, coordinated subcontractor
scheduling and material expediting and all field operations in the construction of 23 zero lot line single
family villas in Indian Springs Country Club. Also served builder as Customer Service Representative,
Project Engineer, CG Chase Construction Co, Inc, Miami, FL 1986-1987
Coordinated subcontractors for a residential high-rise post tension structure, Handled project bidding
and estimating, project scheduling using the CPM and Flow Chart methods, subcontract pricing and all
transmittal and RFI correspondence. Involved in material expediting schedules and project delivery
coordination.
In-house Project CoordinatorlEstimator, Acting Vice President, Flachofsky Construction, Inc, Lake
Worth, FL 1985-1986
Coordinated subcontractors on job sites as well as project estimating and bidding. Responsibilities also
included hiring employees, conducting employee evaluations, negotiating contracts and project sales
(residential and commercial).
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WILLIAM H. KEISER
PAGE 2
EXPERIENCE (Continued)
Warehouse Manager, Allied Building Specialties, West Palm Beach, FL 1984-1985
Managed material distribution of glass and aluminum on curtainwall and storefront systems on
commercial and residential high-rise and residential custom home projects. Responsibilities included
delivery schedules, customer relations, project scheduling, hiring and evaluating employees,
Project Manager, Executive Development and Management, Lake Worth, FL 1982-1984
Served as the in-house Construction Manager handling estima~es and bids, coordinating subcontractors
on the job sites and negotiating contracts. Prepared necessary data for cost breakdowns for financial
approval of future projects. Both residential and commercial experience.
Assistant Superintendent, TIoga Pipe Supply, Inc.lntemational, Ltd., Philadelphia, PA 1978-1982
Renovated warehouses to fit company systems. In charge of inventories in the pipe-fittings and valve
divisions. Duties included shipping and receiving, both interstate and international procedures, and
working within the guidelines of government specifications and requirements.
EDUCATION
Continuing Education Certificate of Business Management, The American Management Association
Villanova University, Villanova, PA 1974-1976
High School Degree, Graduated with Honors
Twin Lakes High School, West Palm Beach, FL
CONSTRUCTION EDUCATION
Basic Construction and Blueprint Reading and Interpretation Courses
Delaware County Community College
Planning and Scheduling, Project Management and Time Management Courses
Association of General Contractors STP Program, West Palm Beach, FL
ACTIVITIES AND ORGANIZATIONS
Active Member, Rotary Oub of Palm Beach, FL
Active Member, Jaycees of America, Royal Palm Beach, FL
Board of Directors, Growing Together Inc. Rehabilitation Center, Lake Worth, FL
Past Member /Secretary /Treasurer, Radnor Fire Co, Wayne, P A
Past All-American Football Team Member, Pop Warner National Football
REFERENCES
Furnished upon request.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~1
SUBJECT: AGENDA ITEM # /0/1 - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 55-93
DATE: November 19, 1993
This is the second reading of an ordinance amending Chapter 52,
"Water" , of the Code of Ordinances to provide for miscellaneous text
revisions, increasing water deposits for tenants, changing the water
rate structure to an inverted block schedule, establishing a
Conservation Surcharge and adding fees for various services.
At the November 2nd workshop meeting, the Commission gave direction i
I
with regard to modifying the Conservation Surcharge. Following that
direction, Ordinance No. 55-93 was modified to reduce the surcharge I
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and to make it applicable to everyone. !
It is important that we proceed with the adoption of the inverted I
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block rate structure and a Conservation surcharge in order to get I
permits for the Morikami Wellfield. I
At the November 9th regular meeting, Ordinance No. 55-93 passed on
first reading by a 5 to 0 vote. \
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Recommend approval of Ordinance No. 55-93 on second and final reading. I
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~ 5-0 !
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ORDINANCE NO. 55-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 52.02, "DISCONTINUING SERVICE AT REQUEST
OF CUSTOMER", TO CLARIFY THE TERM "TEMPORARY"; BY AMENDING
SECTION 52.15, "MINIMUM SIZE OF METERS" , TO SEPARATELY
DEFINE METER SIZES USED AT PLACES OF BUSINESS AND TO
REDESIGNATE THIS SECTION; BY AMENDING SECTION 52.31,
','CONNECTION CHARGES", SUBSECTION (A) , TO CLARIFY WHEN A
WATER CONNECTION IS CHARGED; BY AMENDING SECTION. 52.33,
"DEPOSIT TO GUARANTEE PAYMENT", TO PROVIDE FOR AN INCREASE
IN DEPOSITS; BY AMENDING SECTION 52.34, "WATER RATES" ,
SUBSECTION (B) , "MONTHLY RATES", TO PROVIDE FOR AN
INCREASE IN COMMODITY CHARGES BY METERED CONSUMPTION, BY
ENACTING A NEW SUBSECTION (C), "EMERGENCY RATE ADJUSTMENT
FOR WATER CONSERVATION", TO PROVIDE FOR A SURCHARGE DURING
PERIODS OF MANDATED WATER RESTRICTIONS, BY REDESIGNATING
SUBSECTIONS (C) AND (D) TO (0 ) AND (E) , BY AMEND ING
SUBSECTION (E) TO DEFINE A BILLING CYCLE; BY AMENDING
SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNBO ON",
TO ADD AN EXCEPTION; BY AMENDING SECTION 52.37, "TEMPORARY
USE; TAPPING CHARGES AND DEPOSIT", TO BE REDESIGNATED
SECTION 52.38; BY AMENDING SECTION 52.38, "SERVICE CHARGE
FOR AFTER HOUR CALLS", TO BE REDESIGNATED SECTION 52.37;
BY AMENDING (NEWLY REDESIGNATED) SECTION 52.37" "SERVICB
CHARGE FOR AFTER HOUR CALLS" , TO ADD THE WORDS "IF
APPLICABLE" ; BY AMENDING SECTION 52.39, "OTHER rEES", BY
ENACTING A NEW SUBSECTION (E) , "METER REREAD CHARGE", TO
PROVIDE FOR A SERVICE CHARGE rOR METER REREADS REQUBSTED
BY THE ct1STOMIR, BY ENACTING A NEW SUBSECTION (F) ,
"REMOVAL or SBRVICB LINE", TO PROVIDE FOR A SERVICE CHARGI
FOR THE REMOVAL or A SERVICE LINE, BY ENACTING A NEW
SUBSECTION (0) , "REINSTALLATION or A SIRVICI LINE", TO
PROVIDI FOR A SBRVICB CHARGE rOR TIm REINSTALLATION or A
SIRVICB LINI, AND BY ENACTING A NEW SUBSECTION (H) ,
"DISTRUCTION or METER AND/OR RELATED EQUIPMBNT" TO PROVIDE
FOR CHARGIS IN TIm EVlNT or DESTRUCTION or A METER AND/OR
RELATED EQUIPMBNT, BY AMENDING SECTION 52. SO, "RENDERING
or BILLS; WHEN PAYMENT DUB", TO DErINI A BILLING CYCLE, BY
AMENDING SECTION 52.52, "RESUMING SERVICE APTBR
DISCONTINUANCE rOR DELINQUENCY" , SUBSECTION (A) , TO
CLARIFY THE RECONNECT ION CHARGE, PROVIDING A SAVING
CLAUSE, PROVIDING A GENERAL REPBALBR CLAUSI AND AN
ErrECTlVE DATE.
NOW, THERErORE, BB IT ORDAINED BY TIm CITY COMMISSION or THB CITY or
DELRAY BEACH, FLORIDA, AS FOLLOWS.
ORD. NO. 55-93
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Section 1. That Section 52.02, "Discontinuing Service at Request of
customer" , of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
Water will be cut off at any time requested by the customer and
guarantee=of-payment deposit refunded upon settlement of all back charges
incurred by the customer. However, water service bills shall continue during
the time of any temporary cut-off. (le.. than 12 month.), and shall be payable
as set forth in Sections 52.30 and 52.50.
SectiQn 2. That SectiQn 52.15, "Minimum Size of Meter." , of the
Code of Ordinance. of the City of Delray Beach, Florida, i. hereby amended to
read as follows:
(A) The minimum .ize meter to be u.ed at tK. ! re.idence ot/pl.~.
ot/~..lri.;;/ot/./_.i.t/~.;io~.t/ot/iK./~lif .hall be a. fQllow.:
Size Number of Fixture.
3/4-inch meter U.er. having .even fixture. or le..
l-inch meter U.er. having eight through 20 fixture.
1-1/2-inch meter User. having frQm 21 thrQugh 40 fixtures
l"dl FQr user. having mQre than 40 fixture., the .ize meter shall be
determined by the City ..i.t /..p.ti~.rii. (Each exteriQr outlet .hall be
considered a separate fixture.)
(B) The minimum .ize meter to be u.ed at a place of bu.ine.. .shall
be as follows:
PrQjected MQnthly
Minimum F1Qw.:
Meter Size
(Inche.) GallQn.
ill 7,500 Qr le..
1 12,525
1-1/2 24,975
2 39,975
3 87,525
4 157,500
6 350,025
Section 3. That Section 52.31, "CQnnectiQn Charge." , Sub.ection
(A), Qf the Code Qf Ordinance. Qf the City Qf Delray aeach, Florida, h hereby
amended tQ read a. fQllow.1
(A) Required. In additiQn tQ the meter in.tallation charge, there
shall be connectiQn charge. a. fQllow.1
:'
ORD. NO. 55-93
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(1 ) There shall be a water connection charge of $788 per
connection of each residential d~elllni unit. ~ One residential d~.lllni unit
connection is herein defined to be any family living unit, and, where two or
more families are living on the same premise., each shall be considered as a
separate residential dwelling unit. In apartment buildings, condominiums,
cooperatives, duplexes, resort dwelling units, and the like, and per each
trailer space in a trailer park, each living unit shall be considered j
..pjtji. as one residential d~.lllni unit connection.
(2) There shall be a nonresidential and irrigation water
connection charge which shall be based on $788 per Equivalent Residential
Connection (E.R.C.). ~/~'_'~'/l./t~dnd/~;/dl~ldlni/.~niKl;/_ji.t/e~n.~pil~n
~;//11.ff//ijll~n.' The fQllowing water cQnnection charges are hereby
established for nonresidential and irrigation service:
Meter Size ConnectiQn
(Inches) E.R.C. Charge
3/4 1.00 $ 788.00
1 1.67 1,315.96
1-1/2 3.33 2,624.04
2 5.33 4,200.04
3 11.67 9,195.96
4 21.00 16,548.00
6 46.67 36,775.96
(~t//tK.t.//.Kjll//~.//j//~.i.ijil~n//_ai.t//~.i.t//e~nn.eil~n
eKati./~KleK/.Kall/~./~a..d/~n/11"/P4t/~4dl~aZ.ni/_..ld.niLal/~~nn.eil~n'
Sect iQn 4. That Section 52.33, "Oep<:)sit tQ Guarantee Payment", of
the Code of Ordinances of the City of Oelray Seach, Florida, is hereby amended
to read as fQIlQws:
A guarant..-ot-payment deposit for all bills shatl be made by
each CQnsu.mer Qr Qwner, varying accQrding tQ the size of the meter in use,
as follQws:
(A) Single-family residence:
..>>tS.li
tn.Ld./~Li; Hi.Ld./~Li;
IUiff 'UJU
Deposit
Tenant Owner
Ins.i,de City Outside City Inside City Outside City
$100.00 $125.00 . 75.00 . 93.75
ORD. NO. 55-93
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( B) Multi-family, nonresidential, and i.,.i&il~ri irrigation:
Meter Size
(Inches) Inside City Outside City
3/4 IIU/tJ'/J $100.00 ./U/U $125.00
1 U/'/J'/J 100.00 U/U 125.00
1-1/2 t'/JtJltJ'/J 150.00 lU/'/J'/J 156.25
2 lUltJ'/J 175.00 lUlU 218.75
3 U'/JI'/J'/J 200.00 U1"'/J 250.00
4 lUltJ'/J 275.00 lUlU 343.75
6 'UltJ'/J 475.00 UtJU 593.75
8 'UltJ'/J 675.00 1U/U 843.75
SectiQn 5. That Section 52.34, "Water Rate.", of the Cod. of
Ordinances of the City of Delray Beach, r1Qrida, i. her.by am.nded to r.ad a.
follows:
(A) For the purpose of this sectiQn the following d.finitiQn. .hall
apply unless the context clearly indicat.. or r.quir.. a differ.nt m.aning.
(1) "CAPACITY CHARGE." Th. charge. calculat.d to cov.r costs
incurred to have the system available and in gQQd Qperating cQndition without
regard tQ use, which shall include, but not be limit.d tQ, co.ts Qf minimum
personnel, capital outlay, d.bt s.rvic., in.uranc., tran.f.r., re.erve
requirements, and d.bt service cQv.rag..
(2 ) "COMMODITY CHARGE." Th. charg.. calculat.d tQ CQv.r the
costs which vary with the l.v.l Qf s.rvic. prQvid.d, the amount of wat.r
produced or sewage prQc....d, which shall include, but nQt b. 1imit.d tQ,
costs of personnel to operate the system, el.ctricity, repair., and
maintenance, and Qperating .upplie..
(3) "CUSTOMER CHARGE." Th. charg.. calculat.d tQ cov.r the
costs incurred in the billing sy.tem, which shall includ., but not b. limit.d
to, cost. Qf met.r r.ading, recQrding, data proc...ing, billing, and
collecting.
(4) "USIDIRTIAL DWELLING UNIT." Adtlt"lltlll~lri~/~riltllari~1
wK.t. Itwe let IUt. It"lll.~ lat. IXl~lri. len ItK. I~". Ipt...l~.~1 l.all!K I~Kat.l 1)5.
eeri~l~.t'~/a~/a/~'patat.lt.~l~.ritlal/~_.lllri./~riltllltri/apatt..ritl)5~ll~lri.~1
eeri~e~lril~~lllI!eeP;tatl~'~II~~pl'~'~llt~~ett/~..lllri./~rilt~llari~/tK.IIlX;llari~
p;tl'aIl!K/ttall.t/~pall!'llri/a/ttall.tlpatlll'acKlll~lri~/~rili/~Kall/)5'/lI!eri~l~.t.~
& I..patai. It..l~.ritl.al I~..t.llri~ I~ril.tl 1.~II!.;t ItKat Il.ri liK. IlI!a~' leI. lit&~'l
ttal.l.tlpatl~lltKt"ltta~.llttall.t/~pall!../~Kall/)S4/l1!eri~l~.t"ltK.I.~l~al'rit
~t I~ri. It..l.~.ritl.al I~..t.ll.ri. I~ril.t Il.et 1)5l.t.ll.ri~ l~tP4..;J on. or more room.
connect.d tog.th.r, con.titutinQ a ..parat., ind.pend.nt hQu..k..pinQ
e.tablishm.nt and phy.ically ..parat.d from any Qth.r dwellinQ unit which may
b. in the .am. .tructur., and which contain. ind.pend.nt .anitation, living,
cOQking and .1..pinQ faciliti...
OR!). NO. 55-93
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(B) Monthly rates. The monthly rates (except for fire hydrants
as set forth in Section 52.03) for water furnished by the water facilities
or plant of the city to customers within and outside the corporate limits
of the city, which unless otherwise indicated shall include the appropriate
customer charges, capacity charges, and commodity charges for all custom-
ers, are fixed as shown in the following schedule:
Inside Outside
Type of Customer City City
Residential
Customer charge (per meter) $ 1.55 $ 1.93
Capacity charge (charged to
all customers, per residential
dwelling unit) $ 7.62 $ 9.53
Commodity charge (all metered
consumptiQn-per 1,000 gallons): 1./~f 1./ ~,
Zero to 3,000 gallons 1.00 1.25
4,000 to 20,000 gallQn. 1.10 1.38
21,000 tQ 35,000 gallon. 1.20 1.50
36,000 tQ 50,000 gallQns 1.30 1.63
Above 50,000 ga11Qn. 1.50 1.88
Nonresidential and Y...i~it~ri Irrigation
Customer charge (par meter) $ 1. 55 $ 1.93
Capacity charge (ba.ed upon
meter size):
3/4-inch meter $ 7.62 $ 9.53
I-inch meter 12.73 15.91
1-1/2~inch meter 25.38 31. 73
2-inch meter 40.63 50.78
3-inch meter 88.95 111.19
4-inch meter 160.07 200.08
6-inch meter 355.73 444.66
commodity charge (all metered
consumptiQn-per 1,000 gallon.): 1./~f 1.10 tn, 1. 38
NQte: Whenever bQth re.idential and nonre.iclential u.er. are Qn the same
meter, the capacity charge i. to be computacl ~~/tt/.~~K/ri~rit.~t..riit~l/~~.t/~ri
iK./~.i.tl_~~/~/t.~t..riit~l/.W4tttri./~ritil/~t/~lt/iK./~~.t~/~K~ll/~./~K~t...
~~~../~ri/iK./ri~rit.~t..riit~l/~~p~~tit/~K~t../t~i.I/_Kt~K.~.t/t~/iK./.t.ai.t at
the nonre.idential rate.
ORC. NO. 55-93
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(C) Emergency Rate Adjustment for Water Conservation. During
periods of mandated water restrictions by the South Florida Water Management
District, an automatic surcharge shall be added to the commodity Charge
according to the following schedule for all water used by any customer in any
one month:
OVerall Reduction Percent Surcharge
Restriction Phase in U.e Applied
I 15\ 5\
II 30\ 10\
III 45\ 15\
IV 60\ 20\
(D) Fire hydrant/standpipe charge. (annual).
Fire hydrant rental
(per fire hydrant) Charge.
Inside city, annually $165.00
Outside city, annually 206.25
Standpipe. and sprinkler.
charge (per separate sy.tern)
Inside city, annually $165.00
Out.ide city, annually 206.25
1!l The cu.tQmer charge. and capacity charge. a. .et forth in this
sectiQn shall be due and payable each and every month, fQr a. lQng a. the
meter is installed, regardle.. Qf whether or nQt the meter i. actually turned
on or off, and withQut regard to usage Qr Qccupancy.
Section 6. That Section 52.36, "Charge for each Time Water is
Turned On", Qf the CQde Qf Ordinance. of the City of Delray Beach, Florida, i.
hereby amended tQ read a. follQw.:
There .hall be a .ervice charge of $15 for each time water i. turned
Qn, except when the prQvi.iQn. Qf SectiQn! 52.18 Qr 52.52 apply regarding turn
on as a result Qf a .hut-Qff notice.
SectiQn 7. That Section 52.37, "Temporary U.e, Tapping Charge. and
Deposit", Qf the CQde of Ordinance. Qf the City Qf Delray Beach, FlQrida, is
hereby rede.ignated tQ be SectiQn 52.38.
SectiQn 8. That SectiQn 52.38, "Service Charge fQr After HQur
Call.", Qf the CQde of Ordinance. Qf the City of Delray Beach, FlQrida, is
hereby rede.ignated to be SectiQn 52.37.
ORD. NO. 55-93
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Section 9. That (newly redesignated) Section 52.37, "Servic. Charg.
for After Hour Calls", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
A charge of $40 in addition tQ t~e any applicable turn on/turn off
charges ~et/~et~tte/tall shall be made for all each service calla made by t~e
</tatet / de~atttlerit city personnel between 5:00 p.m. and 8:00 a.m. and on
Saturdays, Sundays and holidays.
Section 10. That Section 52.39, "Other F....., Sub.ection (E) ,
"Meter Reread Charg.", SubsectiQn (F) , "Removal of Service Line", Subsection
(G) , "Reinstallation of a Service Line", and Subs.ction (H) , "De.truction of
Meter and/or Related Equipm.nt" , of the Code of Ordinances of the City of
D.lray Beach, Florida, are her.by enacted to read a. follows:
(I) M.ter R.read Charg.. Th.re will be a charge of U5 fQr .ach
meter reread requested by a customer. If the meter reading is in errQr in,
favor of the custQmer, the accQunt will be adjusted accordingly and the US
service charge shall b. waived.
(F) Removal of Service Lin.. Th.re will be a charge fQr the
removal of the service 1 in. based on the actual cost (labor and materials)
plus a 10\ surcharge, or $100 whichever is gr.at.r, per occurrence.
(G ) ReinstallatiQn of a Service Lin.. In the event that a service
line has b.en r.mQved for nQn-payment of charge., there will be a charge fQr
reinstallation of a service line based upon the actual replacement CQst (labQr
and materials) plus a 10\ surCharge, or $100 whichever is greater, per
occurr.nce.
(H) De.tructiQn Qf Meter and/Qr Related Equipment. In the event Qf
any damage tQ meter. and/Qr Qther appliance Qr appurtenance, there will be a
charge based upon actual replacement CQ.t (labQr and materials) plus a 10\
surcharge, Qr $100 whichever i. greater, per occurrence.
SectiQn 11. That Section 52.50, "Rendering of Bill.; When Payment
Due", Qf the COde Qf Ordinance. of the City of eelray Beach, FlQrida, i.
hereby amended to read as fQllow.:
ill Bills fQr all water service, including the cu.tomer charge,
capacity charge, and commodity charge, shall be rendered to each cu.tomer (the
persQn whose name the aCCQunt i. in) upon installatiQn Qf the meter, and on
a monthly ba.i. thereafter, and .hall be due and payable forthwith.
(B) A billing cycle shall con.ist of apprQximately 30 days and i.
determined tQ be from Qne meter reading tQ the next. A .ervice periQd Qf 1 tQ
15 day. .hall be considered a. Qne-half (1/2) month fQr billing purpo.e. and
charge. will be adju.ted accordingly.
ORn. NO. 55-93
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Section 12. That Section 52.52, "Resuming Service After Discon-
tinuance for Delinquency", Subsection (A) , of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(A) In the event tK./_.t.t/.~. city utility service charges .t.Lri~t
Lt become delinquent and/or said service. are discontinued by the city as
herein provided, said services shall nQt be restored until all delinquent
charges plus . the five dQllar ($5.00) penalty fQr late payment .rid/~K.t.stt
and a twenty dollar ($20.00) recQnnection charge; are paid in full. If the
present guarantee-of-payment deposit is less than the curr.nt sch.dule as set
forth in -Sect ion 52.33, an additional guarant.e-of-paym.nt deposit shall be
required so that the actual deposit held by the city shall be equal tQ the
current guarantee-of-payment schedule. How~ver, the city shall not refuse to
accept an application fQr water service or. tQ open a ..parat. water service
account because of an out.tanding d.linquent bill Qn the subject prQperty
which was not incurred by the applicant.
Section 13. That shQuld any s.ctiQn or prQvisiQn of this ordinance
or any portion ther.Qf, any paragraph, s.nt.nce, Qr word be declared by a
Court of competent jurisdiction tQ be invalid, such decision shall not affect
the validity of the remainder her.Qf as a whQle Qr part ther.of other than the
part declared to be invalid.
Section 14. That all ordinance. or part. of ordinance. in cQnflict
herewith be, and the same are hereby repealed.
Section 15. That this Qrdinance .hall become .ffective December 1,
1993.
PASSED AND ADOPTED in r.gular ....iQn on .econd and final r.ading on
this the day Qf , 1993.
MAYOR
ATTEST:
City Clerk
Fir.t Reading
S.cond Reading
ORD. NO. 55-93
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COMPARISON RESIDENTIAL WATER BILL
Present Rate - Proposed Rate
% Change
USAG PRES 3 INe/ USAGE PRES PROP INC/ I
,
000' RATE RATE -DEC OOO'S RATE RATE -DEe/
, ~~, 0,26 $1 0, , 7 - 0,88% 28 $39,69 $40,'7 121 %
2 11,35 11 ,17 -1,59% 29 . 40,78 41 37 14'5%
3 12,44 12,17 - 2, 1 7~ 30 41,97 42,57 1B7~
4 13,53 13,27 -1,92% 31 42,96 43,77 189%
5 14.62 14,37 -1,71 % 32 44,05 44,97 2,09%
6 15,71 15,47 -1,53% 33 45,14 46,17 228%
7 16,80 16,57 -1 ,37% 34 46,23 47.37 2,47%
8 17,89 17,67 -1,23% 35 47,32 48,57 2,64%
9 18,98 18.77 -1,11% 36 48,41 49,77 2,81%
10 20,07 19,87 -'1,00% 37 49,50 50,97 2,97%
11 21,16 20.97 - 0,90% 38 50,59 52,17 3,12%
12 22,25 22,07 -0,81 % 39 51,68 53,37 3,27%
13 23.34 23,17 -0,73% 40 52,77 5457 3,41%
14 24,43 24,27 - 0,65 % 41 53,86 55,77 3,55%
15 25.52 25,37 -0,59% 42 54,95 56,97 3,68%
16 26,61 26,57 -0,15% 43 56,04 58,17 380%
17 27,70 27,57 -0,47% 44 57,13 59,37 392%
18 28,79 28,67 -0.42% 45 58,22 60,57 404%
19 29,99 29,77 -0,37% 46 59,31 61,77 415%
20 30.97 30.87 - 0,32% 47 60,40 6297 425%
21 32,06 31,97 -0,29% 48 61,49 64,17 436%
22 33.15 33,07 -0,24% 49 62,58 65,37 446%
23 34.25 34,17 -0,23% 50 63,67 66,57 455%
24 35.33 35,37 0,11 % 55 69,12 72,57 499%
25 36.42 36,57 0,41% 60 74,57 78,77 5,63%
26 37,51 37,77 0,69% 70 95,47 91,77 737%
27 39,60 38.97 0,96% 75 90,92 98,27 808%
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CUKULATIVI BILLID USAGI
KULTI-'AKILY IICLUDID
(1 ) (2) (3) (() (5) (6) (1} (8)
ClllUlathe Total Use of CIlI, Gse of Total Gse All Cnolatin Cnolathe
Osage Block I Bills Bills thra Bills stopping Bills stopping bills pa8sin. Billed Usage Billed Gsa.e
lGAL in block Block in Block lGAL in Block lGAL thru Block tGAL Percent (~)
---------.-----------------------------------------------------------------------------------------------------
0 90 152,550 0 0 0
1 8.068 152,(60 8.068 8,068 144.392 152,460 6,51
2 10.8(8 144,392 21.696 29.16( 2'61,088 296,852 12,61
3 12, (5( 133,544 31,362 61,126 363,210 (30,396 18.3l
4 13.661 121. 090 5(,644 121.170 429.716 551. 486 23,51
5 12,981 107,429 6(,935 186,105 412,210 658,915 28.0~
6 11,021 94,442 66,126 252,831 500.526 753,351 32.01
7 9,540 83,421 66,180 319,611 511,161 836,778 35,61
8 1,90( 13,881 63,232 382,843 521,816 910,659 31.n
9 6,(55 65,911 58,095 440,938 535,698 916,636 41. 51
10 5,330 59,522 53,300 U4.~8 541,920 1,038,158 44.11
L1 (,518 5(.192 U.698 543,936 548,414 1. 090,350 46.41
12 3.834 (9,674 (6.008 589,944 550,080 1.140.024 48.51
13 3,327 (5,8(0 (3.251 633,195 552,669 1.185,864 50.41 -
14 2,876 (2.513 (0,264 673,459 554.918 1. 228,377 52. 21
15 2,521 39,631 37,815 711.274 556.740 1.268,014 53.1S
16 2,280 37.116 36,480 747,754 557,316 1,305,130 55.51
17 2,130 34,836 36,210 183.964 556,002 1,339,966 57,O~
18 1,970 32.706 35,460 819.(24 553,248 1,372.672 51.41
19 1. 737 30,136 33,003 852,427 550,981 1. 403.408 59.n
20 1,627 28.999 32,540 184,961 541,440 1. 432,401 60,91
21-25 6,437 21,372 160,925 1,045,892 523,375 1. 569,261 66.n
26-30 4,567 20,935 137,010 1.182,902 491,040 1. 673,942 11.21
31-50 9.351 16,361 374,040 1,556,942 280,680 1. 831 ,622 78.21
51-100 5,054 1,011 379,050 1. 935,992 147.225 2,083,211 88.61
101-250 1.5L1 1.963 302,200 2,238.192 90.400 2.328,592 99.01
>250 (52 452 113.000 2,351.192 0 2.351.192 100,01
.
152,550 (1) Dla.e blockl
, ~ (2) IlIber of billl .enerated lalt ,ear lit~ia block
~ (3) C...lati,. billl in block; i... 152,350 accoa.tl I.r. billed for
. -- t' at l.alt 1,000 .alloll of later.
---. ....
SOUlCI: ~~ (4) Col... (1) ti"1 Colall (2)
BILL TABOLlTIOI '~ (5) C...lati,. bill.d Illa.e lith ,oltkl, ala.. </= to ala.. i. block
KITBODOLOGY ;- 1 .~ (8) Total later aled lithia block ilcladi., ala.e ia block b, caltalerl
~ I~OI' ala.e elceedl t~e block.
Pro,ided by (7) Cola.. (5) pIal Cola'l (8)
5.. LaD.haa (8) Percelt calalati,e billed Illa.e: i.e. 11.31 of cultOlerl ale 3,000
galloll or lell.
,. j..I.
.
'- -, - - ~ - - -.. -
0
~
^O
~
I
88
........
I
....0
V) V)
I
0....
t"Itf'\
I
\0
(O.I~
I
~
~
~ 0\
(,) ....
0 QO
-
..J
OJ l'"'-
-
:c \0
- .-..
~ J2
V)~ 8
....-
w~ co
......
.... ~ fa 0
z~ - ...J
<1 co
..
-t.L, t"I::> Z
(f.)~ .... ... 0
8 ...J
..JO (0.1 <1 ~
..J~ .... ~
~ 0
-~ -ofi ~.
OJ -c:l
0
::s -
a: 0 I,
-
w
~ 0\
~ J QO
~ l'"'-
\0
G
V)
- ~
t"I
(0.1
....
0
V) 0 V) 0
.... ....
.pu...n. oq.x..
.ll,a: .:a_..~ l"n.uu~ ~o .:a-q,.....n.N
..
'.
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SCHEDU.E OF INSIDE CITY WATER RATES
SURROUNDING COMMUNITIES
Re~iden1jal Only
City of Boca Rgtcn - IrMYted block rate sructure
Ba~ e Rs '!B -Cu~mer Ch~ge $2,11 Note: All commodity rates
-G.9.pe.city Charge 948 ~e per 1 ,000 gallon~
--------
TOTAL BASE RATE $1159
.
CCMM::OrTY Q-lARGE $0,30 CJ'v1 - ~
0,85 25\J1 - 50M
l)1 ,10 5O\A and higher
City c:i 80vnicn Be&.ch - InvertBd block rate siruchre (Effective 1 0/1 ~
TOTAL BASE RATE $6,65 ircludes 3,CXD gallons consumption
C.cMMCOrTY a-!ARCE $1,58 #11-61\,11
1,ffi 7M-9M
1.75 1 CJ'v1 - 12rV1
1,95 13M - 15M
1,b6 16/V1 - 25M
2,(E 2eM - 5CM
2,21 51M - i5M
~~,35 7SM W1d higher
BrClWRl'd Countv utili1ies - Inwrted block l'l!liB s1rucb.re
TOTAL 8.A5E RATE ' $4,21
COMfVIOD rTY Q-iARCE $1.4 1 (),,1-8M
1,70 !;lVI - 13M
$2,37 13M and high...
City cI Ceral Sennas - lnvBr'18d block I'l!ltB slruchre
TOTAL BASE RATE $13,59
COMMODITY CHARGE 0,93 (),,1-8\,1
$1,22 8M and hig,...
City cI Deerfield BMch - IrIVIr1Itd blade: I'l!lM s1ruchre
TOTAl-BASE RATE $6.56
COMMODITY CHARGE $1,01 ()v1-5M
1.14 61\,11 - 12M
$1.31 13M and high...
CliY OF OI3....RAY BEACH - UnifD"m I'm s1ruc1ure (PRESENT RATE\
BaS8 As. -CustDm... Cherge $1,55
-Capacity Cherge 7,62
-------.
TOTAL BASE R!\TE $g.17
COMfVIODrTY a-tARCE $1,()g Rat. pr 1 ,CD) gBIlons
'J ".1
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CITY OF OEl.RAY BEACH - Invert&d block ratB s1nJcttre (PROPOSED RATE}
Base Ra1B -Cus1cmer Charge $1.55
-Capacity Charge 7fQ
-------.
TOTAL BASE RATE $9.17
CCMMCOlTY a-lARGE $100 0t\A - 3rV\
1.10 4M- ~
1m 21M - 35M
1.3) 38M - 50M
1.:1) 51 M and higher
Citv ct Fort L9.uderdale - !!"I'o'8rted blode rate structtre /Effective 10/1!Q3\
TOTAL BASE RATE $6.65
COMM::OITY a-tARGE 1 .:;"fl Rate per 1 ,CDQ gallons
Palm Beach COLIntv utilities - Inver1Bd block rate s1rucb.re (Effectiw 1011/'Q3'l
TOTAL BASE RATE $12.30
COMMCOrTV CHAAGE $0.75 OM-4M
135 5IVt - 1 (J,A
$3.40 11M W1d high..
Se9.~st Utilities - Uniform r9.ts s1ruchre
TOTAL BASE RATE $15.83
CCMMCOlTY CHARGE $1.84 Rate per UlX) gallons
Citv ct Winilr P9.rk - lrMlr"ted block rlite srudtre
TOTAL BASE RATE 9.43
COMMCOlTY a-tARGE 0.54 (J,A-6M
1.as 7M - 12M
1.54 12M and high..
--------------------------------------------------------.
CO~ARISON OF INSIDE CITY WATER BLLS
S~RO~OING COMMUNITIES
5, CXXJ 1 Q,CXXJ , 5.CXXJ 3O.CXXJ 5O,CXXJ
Community gallons gallons gallons gallons gallons
-------. ------------------------------------
City d Boca Ratan $13.34 $15.og '16.84 $24.59 $41 .94
City d 8oyn1Dn Beach 9.81 18.12 2711 46.77 98.77
Broward County Utilities 11.26 18.89 28.73 64.28 1 1168
City r:J Coral Springs 18.24 25.21 31.89 47.87 72.27
City d Deerfield Beach 1161 17.18 23.39 43.11 e9.37
City d Fat Laudwdale 12.95 1925 25.55 44.45 60.65
Palm Beach County utilities 16.65 22.50 40.40 91.40 159.40
Seacoast utilities 25.03 34.23 43.43 71.03 10783
City d Win18r Pari< $12.13 $16.91 $23.65 $46.75 $77.93
DELRAY BEAa-f - PRESENT $14.62 $20.07 $25.52 $41 .87 $63.67
OELRAY BEAa-f - PROPOSED $14.37 $19.87 $20.37 $42.57 $66.57
'f "."
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # 1013 - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 63-93
DATE: November 19, 1993
At the November 9th regular meeting, the public hearing on Ordinance
No. 63-93 was continued to permit the Parking Management Team to meet
with the Planning Department to draft specific language outlining
their amended recommendations.
This is the second reading of an ordinance amending Section 4.4. 13
"Central Business (CBD) District" of the Land Development Regulations
to clarify the parking requirements for the Central Business District.
The proposed changes encompass the recommendations of the Parking
Management Team and places the parking requirements for the CBD back
to what they were prior to adoption of the LDRs. The Parking
Management Team had requested that the Commission consider four and
one-half (4.5) spaces per thousand square feet of restaurant use
instead of twelve (12) spaces for the CBD. However, following
direction received at the November 9th regular meeting, the Parking
Management Team modified their request to six (6) parking spaces per
1,000 square feet of restaurant use in both the CBD and OSSHAD.
This ordinance has been modified to reflect that change in the CBD, a
separate ordinance will be prepared for the OSSHAD. Addi tionally,
provisions have been added to accommodate special residential uses in
commercial structures within the CBD. As the caption of Ordinance No.
63-93 has not been changed it is appropriate to conclude the public
hearing and act on final reading.
The Planning and Zoning Board at their October 18th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
At the October 26th regular meeting I Ordinance No. 63-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 63-93 on second and final
reading.
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ORDINANCE NO. 63-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS" SECTION 4.4.13 "CENTRAL BUSINESS (CBD)
DISTRICT" , SUBSECTION 4.4.13 (G) "SUPPLEMENTAL
DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO CLARIFY THE PARKING
REQUIREMENTS FOR THE CENTRAL BUSINESS DISTRICT,
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 1.1.6 of the City of Delray
Beach Land Development Regulations, the Planning and Zoning Board
reviewed the proposed revisions at its meeting of October 18, 1993,
and forwarded this revision to the City Commission with a
recommendation of approvalj and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that this ordinance is consistent with the objectives and
policies of the City of Delray Beach Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4
"Base Zoning District", Section 4.4.13 "Central Business (CBD)
District" , Subsection 4.4.13(G) "Supplemental District Regulations",
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(a) Within that portion of the CBD bounded by
N.E. 1st Avenue on the west. N.E. 1st Street
on the north. the Intracoastal Waterway on
the east and S.E. 1st Street on the south.
parkinq requirements shall apply to new floor
area only. Changes in use (both residential
and non-residential) shall not be required to
provide on-site parkinq. The parking
required for the creation of new
non-residential floor area shall be at the
rate of one space for each 300 square feet,
or fraction thereof, of floor area in
addition to the replacement of any previously
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required parking which may be eliminated.
Within all other geographic areas of the CBD
Zone District. the provisions of Section
4.6.9(C) shall apply. except as further
modified within this Subsection (G)(l).
(b) ?t~1t~t~~~/t~t/~~~~~~~~~tt~~/t~~~tt~~/p~t~t~~
~ttT~tt~ ~t~ ~~~~ t~ $~~tt~~ ~/rp/~t1-1/
After January 1. 1994. when the parking
requirements of Section 4.6.9(C) are applied
to either new development or a change in use.
said parking requirements shall be reduced by
one parking space. This reduction may only
occur once.
(c) If it is impossible or inappropriate to
provide required parking on-site or off-site,
pursuant to Subsection fJp1 1.1.1 ~1'
4.6.9(E)(4), ~~~/~p~~/~p~t~1~~/t~~t~~t/~tlt~~
(/-ttt (/-~~~t~~t~~, ~ t~~ p~t~ t~T~t~~ ~t
pt~1t~t~~ t~~ t~~~tt~~ p~t~t~~ F<~t ~~
~~~~~~t~~J '.I'~~ ~F<~~~t ~t ~~~~ t~~ t~
~~t~~~t~~~~ ~~ $~' ~~~ p~t ~P~~~J $~~~
p~tF<~~tlF<~~t/~~/F<~~~/ptt~tllt~/t~~~~~~~/~t/~
~~t~~t~~/p~tF<tt/~~~/~~~~/t~~~~/~~~~~/~~/~~~~
(jJ.~~t f. rf4 t~~ ~~tIP(jJ.~~ (jJ.f. pt(jJ.yt~;[~~ (jJ.t
~~~~~~;[~~ p~t~;[~~ (jJ.p~(jJ.tt~~;[t;[~~ ;[~ t~~ (/-~~J
the in-lieu fee option provided in Section
4.6.9(E)(3) may be applied.
'.I'~~ ~t(jJ.y;[~;[(jJ.~~ (jJ.f. t~;[~ $~~~~~t;[(jJ.~ !.~J ~~~~~
~~ ~IPp~;[~~ (jJ.~~t ;[~ t~~t p(jJ.tt;[(jJ.~ (jJ.f. t~~ (/-~~
W~;[~~/;[~/w~~tl(jJ.f.lt~~/~~tt~~(jJ.~~t~~/~~t~tw~tJ
(d) The parking requirement for restaurants is
established at six ( 6 ) spaces per 1.000
square feet of floor area.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
-2- ORD. NO. 63-93
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Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of I 1993.
,
MAYOR
ATTEST:
Acting City Clerk
First Reading
Second Reading
-3- ORD. NO. 63-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
FROM: VID ~V~S~I~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF NOVEMBER 23, 1993
VARIOUS ORDINANCES DEALING WITH PARKING REQUIREMENTS
IN THE CBD, OSSHAD, AND IN-LIEU FEES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of three ordinances on second and final reading.
These Ordinances are:
63-93 CBD Parking Requirement Modifications
64-93 In-Lieu Fee Requirements
66-93 OSSHAD District Parking Requirements
Also, a fourth ordinance which addresses parking
requirements for a restaurant in OS SHAD is before the
Commission.
B A C K G R 0 U N D:
Please refer to your previous reports for full documentation of
the issues and items addressed in these ordinances. Public
Hearings for three of the ordinances were held on November 14th.
At that time, each was continued for further review by the PMT.
Please refer to the attached memorandum from Kovacs to the PMT
as to issues and analysis of items discussed by that group.
The recommendations of the PMT are contained in the attachment
identified as "CHANGES TO ORDINANCES". In summary these are:
1. a requirement of six (6) spaces per 1,000 sq. ft. of
restaurant in the CBD and OSSHAD Zone Districts;
2. the inclusion of special residential parking requirements
in the original CBD/DDA boundary;
The above changes can be accommodated by modifying and acting on
Ordinance 63-93. It is not necessary to change either Ordinance
64-93 or 66-93. A new ordinance is necessary to change the
restaurant requirement in OSSHAD from 12 to 6 per 1,000 sq. ft.
That ordinance is on the agenda for first reading.
'.
City Commission Documentation
Various Ordinances Dealing with Parking Requirements in the CBD,
OSSHAD, and In-Lieu Fees
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review the new
ordinance at a special meeting on November 29th. While they did
not formally review the proposed change to the restaurant
requirements, it is not necessary that they review it. Such an
action is clearly consistent with policy in the Comprehensive
Plan which calls for incentive zoning measures within the
downtown area.
R E COM MEN D E D ACT ION:
By individual actions:
Approval of Ordinance 63-93, as modified.
Approval of Ordinance 64-93 as previously submitted.
Approval of Ordinance 66-93 as previously submitted.
Approval of the new ordinance (OSSHAD restaurant requirements)
on first reading.
Attachments:
* Memo from Kovacs to PMT dated 11/17/93
* Notes by Kovacs re changes to Ordinances
* Ordinances as prepared by others
DJK\CCCBD6
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
FROM: ~s~Ji~
DEPARTMENT OF PLANNING AND ZONING
DATE: NOVEMBER 17, 1993
SUBJECT: CBD PARKING REGULATIONS, IN-LIEU FEE ORDINANCES
Situation:
* Previously, the PMT made recommendations regarding changes
to parking regulations in the CBD and OSSHAD. Also,
changes to the structure and amount of the in-lieu parking
fee were recommended.
* These recommendations were first presented to the City
Commission who referred them to the P&Z Board without
comment.
* They were then placed in a "text amendment" form and
reviewed at a public hearing by the P&Z Board. There was
no public comment and the enacting ordinances were drafted
and placed before the City Commission for adoption.
* Between first and second reading, the PMT reconsidered
their initial recommendations with respect to the manner in
which restaurants were to meet parking requirements.
Essentially the PMT recommended:
* a 4.5 space/I,OOO sq. ft. requirement for restaurants
to be applied in the total CBD (original and expanded)
and in OSSHADi and,
* that within the original CBD the 4.5 requirement
apply with any space/use conversion.
* The City Commission continued action on the three related
ordinances so that the recommendations of the PMT could be
considered, analyzed, and - if necessary - revisions made
to the enacting ordinances.
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To: Parking Management Team
Re: CBD Parking Regulations, In-Lieu Fee Ordinances
Page 2
* During consideration of the changes to the in-lieu system,
three Commission members expressed concerns and the
enacting ordinance was nearly rejected. Those concerns, in
general, were as follows:
Mayor Lynch: Does not support an across the area fee since
land values are different throughout the impacted area.
Does not support an extended payment plan in that it goes
against the desire to create a readily available fund. And,
in light of the above, doesn't really support an in-lieu
fee concept but would rather proceed directly to a Parking
Authority with a revenue base from special district
taxation.
Commissioner Randolph: Does not support the amount of
$6,000 for the in-lieu fee. He feels that the change from
the current fee of $2,500 to $6,000 is too great.
Otherwise, the other aspects of the proposal are
acceptable.
Commissioner Alperin: Did not support action on the
enacting ordinance since there were other items (PMT
recommendation) still to be addressed. No expressed
concerns with the changes to the in-lieu fee system.
* The ordinances are now back at the PMT for further review
and comment/recommendations. The ordinances will be
considered by the City Commission on Tuesday, November
23rd. If substantial changes are to be made, review by P&Z
will be necessary. If changes are to be made which affect
the caption of the enacting ordinance a new first reading
will be held and referral to the P&Z Board would be
determined with respect to the significance of the changes
from what they had previously reviewed.
Comment/Analysis of the PMT recommendation for revisions:
Essentially the PMT recommended:
* a 4.5 space/I,OOO sq. ft. requirement for restaurants
to be applied in the total CBD (original and expanded)
and in OSSHAD; and,
* that within the original CBD the 4.5 requirement
apply with any space/use conversion.
4.5 space/l,OOO sq. ft. rate: There is general acceptance that
the current rate (12/1,000) for restaurants, when located within
the "downtown" area, is not appropriate. However, selecting a
more appropriate rate may not have the same acceptance level.
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To: Parking Management Team
Re: CaD Parking Regulations, In-Lieu Fee Ordinances
Page 3
The reduction from 12/1,000 to 4.5/1,000 is quite significant.
(Once a reduction is made, it is very hard to effect an increase
at a later date.) In a shopping center, where the retail rate
applies to a restaurant, it also applies to office and service
use, the parking availability is limited to the confines of the
designed parking lot (i.e. spillover onto adjacent properties is
not usually available); thus, leasing decisions consider impacts
upon adjacent tenants. I n the individual development scenario
in the downtown area, such leasing controls are not in place.
Thus, a rate which is more reflective of meeting the demand may
be appropriate.
Also, the 4.5 rate is equal to that for general retail use and
is only slightly (.5/1,000) above a small office use (3,000
sq. ft. or less). Thus, any conversion from retail or office to
restaurant will not generate funding for caD parking
improvements. Since the reduced rate is based, in a great part,
upon the availability of public parking areas in the evening
hours, some participation in the parking program (by providing
spaces or paying the in-lieu fee) is appropriate. At a rate of
6/1,000 (1/2 the current rate), a use conversion from retail and
office would impose a requirement of 1.5/1,000 and 2
spaces/1,000 respectively.
SUGGESTION: Consider a different rate.
Applicability of the restaurant rate in the original caD and
having it apply to use conversions: While there is some thought
that this item creates simplicity, it does not. Assuming that
"credit" is given for existing space (general practice)
conversion of space 3.3/1,000 to 4.5/1,000 would net 1.2
spaces/1,000. Some may argue that a retail to restaurant
conversion should not have to accommodate an increase since they
are both at 4.5/1,000 (original recommendation). Others may
argue . . . "why are restaurants" being singled-out? Others, the
one rate (1/300) is based on the "geographies" of the situation,
not the use. If the rationale is to treat the "east" and "west"
(of the Intrascoastal) the same, I would suggest that there not
be any special consideration for the original DDA/CaD instead of
accommodating one use type.
SUGGESTION: Do not apply a different standard for restaurants
in the original DDA/CBD i.e. stay with the 1/300 of new floor
area and -0- requirement for use conversions.
Do apply the new rate in OSSHAD (this recommendation was not an
item of controversy or dispute).
Additional Item for Consideration: During review of the above,
the CRA staff pointed out another problem with the
administration of the parking regulations as they apply to the
downtown area. That item and its resolution follow:
"
To: Parking Management Team
Re: CBD Parking Regulations, In-Lieu Fee Ordinances
Page 4
Residential Use within a Commercial Building in the Original
CBD/DOA: LDR Section 4.6.9(C)(2)(d) provides for a reduced rate
under this circumstance. In the wording for the special rate in
the original ODA/CBD this option is not available i.e. new
spaces would be at 1/300 and there would be requirement for a
conversion. It is suggested that this situation be changed by
having subsection (d) apply i.e. an additional floor addition
would have the apartment rate.
Related Text Change: LOR Section 4.4.13(G)(1)(a)
(a) Within that portion of the tlelil (CBD) bounded by
SwLriteSri (N.E. 1st) Avenue on the west, lfeSttK (N.E. )
1st Street on the north, the Intracoastal Waterway on
the east, and SeStitK (S.E. ) 1st Street on the south,
parking requirements shall apply to new floor area
only. Changes in use (both residential and
non-residential) shall not be required to provide
on-site parking. The parking required for the
creation of new (non-residential) floor area shall be
at the rate of one space for each 300 square feet, or
fraction thereof, of floor area in addition to the
replacement of any previously required parking which
may be eliminated. Within all other geographic areas
of the CBD Zone District, the proviSions
of Section 4.6.9(C) shall apply.
DJK/PMTCBD.DOC
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CHANGES TO ORDINANCES 63-93, 64-93, AND 66-93 ALL PERTAINING TO
CSD, OSSHAD, AND IN-LIEU FEE PARKING ITEMS
ORDINANCE 63-93: caD SUPPLEMENTAL REGULATIONS
4.4.l3(G)(1) Parking:
(a) Within that portion of the 00A (CaD) bounded by
8w.htitSJi N. E. 1st Avenue on the west, JftStiK N. E . 1st
Street on the north, the Intracoastal Waterway on the
east, and 8tSldiK s. E . 1st Street on the south, parking
requirements shall apply to new floor area only.
Changes in use (both residential and non-reSidential)
shall not be required to provide on-site parking. The
parking required for the creation of new
(non-residential) floor area shall be at the rate of
one space for each 300 square feet, or fraction
thereof, of floor area in addition to the replacement
of any previously required parking which may be
eliminated. Within all other geographic areas of the
caD Zone District, the provisions of Section 4.6.9(C)(
shall apply.
The above change accommodates the special residential use in
commercial structures provisions which were always meant to
apply within this geographic area. As such, it does not
require further P&Z Board review. Nor does it affect the
caption of the originally proposed Ordinance 63-93.
The other two (2) originally proposed changes (b) and (c) are
not changed.
ADD a new subsection (d):
ill The parking requirement for restaurants is established
at 6 spaces per 1,000 square feet of floor area.
This new item is not of such significance to warrant P&Z review
prior to first reading. P&Z Board consideration will be
obtained prior to second reading. This item does not affect the
caption.
The above changes can be accommodated at second reading and the
ordinance adopted on November 23rd.
ORDINANCE 64-93: IN-LIEU FEE SYSTEM
No changes.
This Ordinance No. 64-93 may be acted upon on November 23rd.
'f
ORDINANCE 66-93: RELATED OSSHAD DISTRICT AMENDMENTS
Sub-section (6) will not be changed at this time, as previously
proposed. The additional change to accommodate restaurant
parking at the rate of 6/1,000 sq. ft. requires a change to this
ordinance which would affect the caption. Thus, it is suggested
that Ordinance 66-93 be enacted as a draft, and a new ordinance
be read on first reading to accommodate the change in the
restaurant requirement.
NEW ORDINANCE TEXT:
Section 4.4.24{G)
(4) All non-residential uses, with the exception of
restaurants, shall provide one parking space per 300
sq. ft. of total new floor area or existing floor being
converted to non-residential use. This requirement
may be reduced to one parking space per 400 sq. ft. of
total floor area, or by at least one space, where
there is a mix of residential and non-residential use
in the same structure. Restaurants shall meet the
parking requirement of 6 spaces per 1,000 square feet
of floor area; and, there shall not be a reduction for
mixed residential use.
T:CBDPKG3
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM i \ \) c. - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 64-93
DA TE : November 19, 1993
At the November 9th regular meeting, Ordinance No. 64-93 was continued
to the next scheduled regular meeting. At this meeting, Commissioners
questioned the amount of the fee and the methodolgy of applying the
fee across the board.
This is the second reading of an ordinance amending Section 4.6.9,
"Off Site Parking Regulations", of the Land Development Regulations by
amending Subsection 4.6.9 (E) , "In Lieu Fee" , to revise the in lieu
parking fee general provisions, and to revise the in lieu parking fee
to $6,000 per space.
The proposed changes encompass the recommendations of the Parking
Management Team and increases the in lieu of fee to meet fair market
value for the construction of parking spaces. The PMT considered
the Commission concerns, however they did not feel it appropriate to
modify the ordinance at this time.
The Planning and Zoning Board at their October 18th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
At the October 26th regular meeting, Ordinance No. 64-93 passed on
first reading by a 4 to 1 vote (Mayor Lynch dissenting) .
Recommend approval of Ordinance No. 64-93 on second and final reading.
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I
ORDINANCE NO. 64-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.6.9, "OFF SITE PARKING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, . BY AMENDING SUBSECTION 4.6.9(E), "IN LIEU
FEE" , TO REVISE THE IN LIEU PARKING FEE GENERAL
PROVISIONS, TO REVISE THE IN LIEU PARKING FEE TO
$6,000 PER SPACE, PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach finds
that the current in lieu parking fee of $2,500 per space is insufficient
to raise funds for the construction of additional parking in the Central
Business and Old School Square Historic Arts Districts; and
WHEREAS, pursuant to Section 1.1.6 of the City of Delray Beach
Land Development Regulations, the Planning and Zoning Board reviewed the
proposed revisions at its meeting of October 18, 1993, and forwarded
this revision to the City Commission with a recommendation of approvali
and,
WHEREAS, pursuant to Florida Statute 163.,3174(1) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that this ordinance is consistent with the objectives and
policies of the City of Delray Beach Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.6
"Supplemental District Regulations", Section 4.6.9, "Off-street Parking
Regulations", Subsection 4.6.9(E), "In Lieu Fee", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
( 3 ) In-lieu Fee: If it is impossible or
inappropriate to provide the required number
of on-site parking spaces, ._~ ~;~~ .;;t~y.~
t~_t_~t/~y the City Commission may a~prove I
the payment of a fee in-lieu of providing
such required parking, ~t .~y ;.tt t~_t_~t t.
_~~~~_~ pursuant to the following provisions:
.Lal 1~t./;t~yt.t~~/.~.~~/~_/.;;~t~.~~_
'. .",.
. '. I
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~~~t/t~/t~~/~~~/_~~/~$$~~~/~~~~
~t.ttt~t.' ~~t.~_~t t~ The in lieu fee
is only authorized in the caD or OSSHAD
Zoning Districts in compliance with the
Supplemental District Requlations
provisions therein.
~ The fee is hereby established at
$~'~~~ $6.000 per space. $~~~
Arranqements for payment ~~.t shall be
JI\_~~ ~tt~t t~ t..~~~~~ ~f. _ ))~t~~t~2t
~~t~tt approved by the City Commission
at the time of the approval of the in
lieu fee.
(c) All proceeds from such a fee shall
be used for parking purposes.
idl The in-lieu fee may be paid at one
time or in installments. Installment
payments may be made over a nine year
period in ten payments. The first
payment would be due upon siqninq the
installment aqreement. The remaininq
nine payments would be due annually; No
interest is to be charqed durinq the
first three (3) years. Beqinninq in
year four of the payment schedule. a
simple interest rate of 5% per annum
will apply to the unpaid balance and be
added to payments five throuqh ten.
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 all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
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 , 1993.
- 2 - ORD. NO . 64 - 9 3
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MAY 0 R
ATTEST:
Acting City Clerk
First Reading
Second Reading
-3- ORO. NO. 64-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM i 10 D - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 66-93
DATE: November 19, 1993
At the November 9th regular meeting, Ordinance No. 66-93 was continued
to the next scheduled regular meeting.
This is the second reading of an ordinance amending Section 4.4.24,
"Old School Square Historic Arts District (OSSHAD) , of the Land
Development Regulations to provide for a reduction in the parking
requirements for new development or change in use subsequent to
January 1, 1994.
This proposed change encompasses the recommendation of the Parking
Management Team.
Following direction received at the November 9th regular meeting, a
separate ordinance will be prepared to address the increase to six (6 )
parking spaces per 1,000 square feet of restaurant use in this
district.
The Planning and Zoning Board at their October 18th meeting
recommended approval.
At the October 26th meeting, Ordinance No. 66-93 passed on first
reading by a 5 to 0 vote.
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ORDINANCE NO. 66-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, tlZONING
REGULATIONStI, SECTION 4.4.24, tlOLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD) ", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 4.4.24{G), tlSUPPLEMENTAL DISTRICT
REGULATIONStI, TO PROVIDE FOR A REDUCTION IN THE PARKING
REQUIREMENTS FOR NEW DEVELOPMENT OR CHANGES IN USE
SUBSEQUENT TO JANUARY 1, 1994; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 1.1.6 of the City of Delray Beach
Land Development Regulations, the Planning and Zoning Board reviewed the
proposed revisions at its meeting of October 18, 1993, and forwarded
this revision to the City Commission with a recommendation of approval;
and,
WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that this ordinance is consistent with the objectives and
policies of the City of Delray Beach Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, tlZoning Regulations", Article 4.4,
tlBase Zoning Districttl, Section 4.4.24, "Old School Square Historic Arts
District (OSSHAD)", Subsection 4.4.24(G), "Supplemental District
'Regulations" , of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(6) After January 1. 1994. when the parkinq requirements of
Section 4.6.9lC) are applied to either new development or
a change in use. said parkinq requirements shall be
reduced by one parkinq space. This reduction may only
occur once.
Section 2 . That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not ~ffect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this day of
I 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-2- ORD. NO. 66-93
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PETITION ~ I/.B.
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/II ~31 Cf 3
We, all citizens ofDeIray Beach, and/or business people who operate businesses within Delray
Beach hereby petition the City of Del ray Beach, Mayor and Commissioners, to rescind the new
landscape ordinance requiring significant and onerous landscaping to be done on all existing
commercial properties or rental residential properties.
The current regulations put in place with a deadline of October 1, 1993 are unfair, were created
" by the Neighborhood Task Force, which has little if any representation from the business
'1
community or small business persons, and were approved by the City Commission without invited
input from the very businesses and property owners that they impact the most. Regulations have
been instituted umairly, and we believe are a violation of our civil rights.
We are very much concerned about our community. Many of us reside and have worked here for
most of our lives. We believe at a time when the City and the CRA find it "politically correct" to
beautify Northeast Second Avenue, Bankers Row with a parking lot that is virtually used by no
one, at a cost of more than $200,000., beautification of all the alleys in the downtown area,
particularly behind the shops located between the FEC Railroad and US 1 and with grants and
other free funds available to residential improvements, that the great burden placed on the small
business person and the property owners is unfair.
We, the undersigned, do agree that the City should be esthetically improved and that everyone,
including homeowners, should be treated alike. We are prepared to pay our fair share. We are
prepared to do whatever can be done to increase business and revenues for those of us who
operate within the City of Del ray Beach. We do not believe that the Gestapo tactics of the
Building Department requiring us to beautify, when others are not required, and with the
discussion of delaying any requirements on residential improvements until 1997 is unfair.
We petition the Mayor and City Commission to hear our voices, work with us, help us as you
have other parts of the community, and use City and CRA funds to assist in the beautification of
those areas that need it the most, particularly the "forgotten neighborhoods" including those south
of Atlantic Avenue, East of Swinton Avenue, and West ofUSl.
'0'
. We want to work with the Mayor and City Commission. We do not want to be treated as pawns.
. We have a voice. We have civil rights. We insist that we be treated fairly.
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Page Two
Petition
Please hear our petition. We ask that the new regulations be rescinded or significantly modified
to reflect gradual and fair improvement, including funds from the City Government and the CRA
to assist in this beautification, especially on City rights of way. The petitioners listed below are
prepared to meet with representatives of the City to work together to make OUf City not only
more beautiful, but more economically successful.
Name Address
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Page Two
Petition
Please hear our petition. We ask that the new regulations be rescinded or significantly modified
to reflect gradual and fair improvement, including funds from the City Government and the CRA
to assist in this beautification, especially on City rights of way. The petitioners listed below are
prepared to meet with representatives of the City to work together to make our City not only
more beautiful, but more economically successful.
Name ~ Address lliJ2~
ffYrdc:i' (~ J '2 70 (() J'Pt-v /iA J ')('lC~ 8WJcO
,~"""'~ (1{ ~ GL7 So' ~, ,~ fY'ID ~-Al~ [k/YA7
445 )/;2~gvf2 ~t. ~1R1f7
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Page Two
Petition
Please hear our petition. We ask that the new regulations be rescinded or significantly modified
to reflect gradual and fair improvement, including funds from the City Government and the CRA
to assist in this beautification, especially on City rights of way. The petitioners listed below are
prepared to meet with representatives of the City to work together to make our City not only
more beautiful, but more economically successful.
N:LL..,/4 ~ Address ~ . J
/J..zr /l ~" 7-duzr ~ 1133 f3
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Page Two
Petition
Please hear our petition. We ask that the new regulations be rescinded or significantly modified
to reflect gradual and fair improvement, including funds from the City Government and the CRA
to assist in this beautification, especially on City rights of way. The petitioners listed below are
prepared to meet with representatives of the City to work together to make our City not only
more beautiful, but mor econ mically successful.
Name Address
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MEMORANDUM
TO: MAYOR AND C1TY COMMISSIONERS
FROM: CITY MANAGER (If
SUBJECT: AGENDA ITEM i / ,'J. R - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 78-93
DATE: November 19, 1993
This is the first reading of an ordinance amending the Code of
Ordinances with respect to the General Employees Pension Plan.
A detailed summary of the proposed amendment has been prepared by the
City Attorney's office and is attached as backup material for this
item. Most of the changes are technical in nature or necessary to
clarify existing language.
Please see Page 24, paragraph (b) 1, "Death Benefit - nonservice
connected death" . I recommend that the $2,500 death benefit for
employees with less than one year service, an existing benefit, be
eliminated. An employee with less than one year of service is not a
participant in the plan; therefore, neither the employee nor the City
has contributed to the plan on the employees behalf. We do provide
life insurance which would pay a death benefit of $15,000 to $30,000
depending on salary level. In my view, this is not an appropriate
pension fund item.
The General Employees Retirement Committee unanimously recommended
approval of the amendment.
Recommend approval of Ordinance No. 78-93 on first reading.
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'..~ '~,.~~ DF DELRAY BEA[H
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.'0" 1 ; . ~ i~ ~l~EY'S Off'GE ;: ~<.-\y ~~t '.,,':i ;; : \1:1" , ..
J. . ,ij U ',' A . ,:
Wr~~_r'. D~r_c~ L~n_
(407) 243-7081
MEMORANDUM
Date: November 2, 1993
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, City Attorney
Subject: General Employees Retirement Plan
Ordinance Amendment
The General Employees Retirement Plan Ordinance Amendment is
attached for your consideration. Also enclosed is a summary of
the changes, most of which are technical in nature or necessary
to clarify language in the existing ordinance.
The most significant changes are highlighted in the summary to
facilitate your review.
By copy of this memorandum, Ordinance No. 78-93 and the
summary of the ordinance to David Harden, City Manager, our
office requests that this ordinance be placed on the City
Commission Agenda for consideration.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CI OF DELRAY BE
BY:
SAR:ds
cc: Joe Safford, Finance Director
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ORDINANCE NO. 78-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING AND RESTATING SECTIONS 35.085 THROUGH 35.109
AS SPECIFICALLY SET FORTH IN THE "AMENDMENT TO CITY OF
DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN"
ATTACHED HERETO AND INCORPORATED HEREIN; AMENDING
SECTION 35.085 TO CHANGE THE TITLE OF THE PLAN TO:
"CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT
PLAN"; REPEALING SECTION 35.086 "AUTHORIZATION";
AMENDING SECTION 35.087 "PURPOSE"; AMENDING AND MERGING
SECTION 35.088, "EFFECTIVE DATE; APPLICABILITY OF
FORMER PLAN", AND SECTION 35.089, "INTRODUCTION1t;
CREATING A NEW SECTION 35.089, "DEFINITIONS"; AMENDING
AND RETITLING SECTION 35.090, 1tpARTICIPATION"; AMENDING
AND RETITLING SECTION 3 5.091, "VESTING", AND REPEALING
FORMER SECTION 35.091, 1tSERVICE"; REPEALING SECTION
35.092, "LEAVE OF ABSENCE"; AMENDING SECTION 35.093,
1tCREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN" ;
REPEALING SECTION 35.094, "ACTUARIAL EQUIVALENCE";
AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT
AND CITY"; AMENDING SECTION 35.097, "RETIREMENT INCOME;
BASIS, AMOUNT, AND PAYMENT"; AMENDING SECTION 35.098,
"SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS";
AMENDING SECTION 35.099, "PARTICIPANT TO FURNISH
REQUiRED INFORMATION"; AMENDING SECTION 35.100,
"BENEFICIARIES; CONTINGENCIES"; AMENDING SECTION
35.101, "BENEFITS NONASSIGNABLE"; AMENDING SECTION
35.102, "BENEFITS PAYABLE TO MINORS AND INCOMPETENTS";
AMENDING SECTION 35.103; "ABANDONMENT OF BENEFITS";
AMENDING SECTION 35.105; "ADMINISTRATION BY RETIREMENT
COMMITTEE"; CREATING A NEW SECTION 35.1051, "CLAIMS
PROCEDURE" ; AMENDING SECTION 35.106, "TRUST FUND AND
TRUSTEE"; AMENDING SECTION 3 5.108, "AMENDMENT OF PLAN";
AMENDING SECTION 35.109, "TERMINATION OF PLAN";
PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach created a Retirement Plan
for its general employees on January 1, 1965, and said Retirement
Plan has been subsequently amended and restated on numerous
occasions; and
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WHEREAS, the General Employees Retirement Committee has
requested certain amendments to the Retirement Plan; and
WHEREAS, the City commission deems it to be in the best
interests of the City and participants of the Retirement Plan to
generally revise, update and restate the provisions of the
Retirement Plan in a comprehensive manner;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
section 1- That section 35.085, "Title", through
Section 35.109, IITermination of Planll, inclusive, of the Code of
Ordinances of the City of Delray Beach, Florida, are hereby
amended and restated as set forth in the attached "Amendment to
City of Delray Beach General Employees' Retirement Plan",
consisting of 54 pages, and that said "Amendment to City of
Delray Beach General Employees' Retirement Plan" is incorporated
in this ord~ance as if fully set forth herein.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence
or word be declared by a court of competent jurisdiction to be
invalid such decision shall not affect the validity of the
remainder hereof as a whole part thereof other than the part
declared to be invalid.
Section 3. That this ordinance shall take effect as
to all eligible employees who are not included in any certified
bargaining unit, and beneficiaries of such employees, upon
adoption. This ordinance shall take effect as to all eligible
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employees who are included in any certified bargaining unit, and
beneficiaries of such employees, upon approval by the certified
bargaining agent for such employees.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
Attest:
city Clerk
First Reading:
Second Reading:
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SUMMARY OF PROPOSED AMENDMENT TO
CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN
(10/18/93 Draft)
section 35.085 (Title) -- Changes title to: "city of Delray
Beach General Employees' Retirement Plan," to more specifically
identify the employees covered by the plan (current title is:
"Retirement Plan for Employees of the City").
section 35.086 (Authorization) -- This section is eliminated; the
language is outdated and no longer necessary.
section 35.087 (Purpose) -- Technical changes only; no change in
substance or intent.
section 35.088 (Effective Date; Applicabilitv of Former Plan) --
This section is merged with provisions of current Section 35.089
(Introduction) . New Division (A) contains technical changes
only, with no change in substance or intent. The current section
heading of Section 35.089, and current Divisions (A) and (B)
under that heading are eliminated. The language in division (A)
is duplicative of other provisions in the plan regarding the
Retirement Committee (pension board) and the Retirement Trust
Fund. Division (B), which incorporates by reference the plan
trust agreement and states that the trust agreement shall form
part of t~plan, is eliminated. It is not legally necessary or
appropriate for the trust agreement to be incorporated into the
pension ordinance. All other divisions of this section are
relettered and transferred to Section 35.088. There are several
technical, non-substantive changes in division (E), including a
clarification at the end of the last sentence concerning
supplemental retirement income and minimum benefits. The
clarification reflects the City's practice of extending
retirement cost of living increases and the $400 minimum monthly
benefit to all City retirees, including those who retired under
prior City pension plans.
-- Several key words and phrases
that in different sections of the plan
have been reorganized in a single definitions section. The
substance and intent of the definitions are the same as in the
current plan, except as follows:
1. The definition of~.dt"ited ~t (C) is revised to
include continuous~el~y ~Ioym~~;~rom most recent date of
hire, with a maximum of 30 years. All paid leave, and
unpaid leave up to 30 days per year, is included in the
revised definition of credited service. provisions of the
current plan concerning leaves of absence are confusing and
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sometimes contradictory (see sections 35.091, 35.092 and
35.093(D) of the current plan) .
2. The definition of "employee" is revised to clarify the
exclu~ion of the City Manager and Assistant City Managers
from the plan, and to reflect that a participant who
retires, begins receiving retirement benefits, and is
subsequently re-employed by the City, will not be considered
an "employee" for pension purposes if he elects to continue
receiving retirement income during the period of subsequent
employment. The city Attorney (and assistants), and
department heads who elect not to participate in the plan
continue to be excluded from the revised definition of
"employee."
section 35.090 CParticiuatioDI -- The title of this section has
been revised to reflect the transfer of eligibility provisions,
including the definition of "employe~," to other sections of the
plan. A number of non-substantive, technical cha~ges have been
made in thi s section. Additionally, ~h. following .ubst~e
changes have been made: -..,...- .-
1- A new division (E) is added, providing that an employee who
retires and begins to receive early or normal retirement
benefits, and who is subsequently re-employed by the City,
must elect one of the following options:
(a) The employee may elect to continue receiving retirement
income but not contribute to or accrue additional
-- . under plan during the period of
Of:!neflts the re-
employment; or
(b) The employee may elect to have retirement income
payments suspended during the period of re-employment,
rejoin the plan as a contributing participant, and earn
additional benefits under the plan. Under this option,
the participant's retirement benefits would be adjusted
to reflect the additional period of employment after
the employment is terminated.
8 ';", -- This section replaces the current
sectforr ;"" "d . (the definition of "credited
q "servlce" service" has been transferred to Section 35.089).
The fhS
reco~~, '.' " e
.r~) . ,', "J, J,,~' >-tr'n' e e 'curre'nt pfan, a
participant Is ~uily {lootr <(jestecr\fter ten years of service.
Under the new vesting schedule, a participant who completes five
years of credited service will have a 50% vested percentage in
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normal retirement benefits under the plan. With each complete
year of credited service thereafter, the participant will earn
an additional 10% vested percentage until 100% vesting is
attained after ten years of credited service.
Under the new graduated vesting schedule, a participant who
reaches age 60 with five years of credited service may retire
with 50% of the normal retirement income that would be payabl€
after ten years of service. Although the graduated vesting
schedule will allow participants to retire earlier and receive
a reduced retirement income, the definition of "normal retirement
date" (age 60 with ten years of credited service) remains
unchanged. Requirements for early retirement (age 55 with 1'_'
years of service, or 20 years of service regardless of age) and
disability retirement are also unchanged.
section 35.092 (Leave of Absence) -- This section is eliminated:
relevant provisions have been transferred to the definition of
"credited service" in section 35.089.
Section 35.093 (Credited service for Former Employees and
Employees Who Were Excluded From Participation in the Plan --
Divisions (A) , (B) and (D) of this section concerning credited
service are eliminated: relevant provisions have been transferred
to the definition of "credited service" in Section 35.089. The
remaining portions of this section concerning re-employed
participants and employees who were excluded from participation
in the p~n due to being over the then-existing maximum age
provisions,-are carried forward with technical changes only.
section 35.094 (Actuarial Eauivalence) -- This section is
eliminated: pertinent language has been transferred to the
definition of "actuarial equivalence" in section 35.089.
section 35.'.5 .edJ-=-'.......t.D. of P~Ui*.(""'~l!lnd city) -- No
change in the substance or intent of this section as previously
inter:pret.~d and ap lied by the City, ~xce:pt that .~if:~l)ant
contrtbu' when the participatlt att.a"'!f:f!Jyears
of c"...
section 35.096 (Expenses of Administration) -- No change.
0 t
-- The definitions 't::W'."!Isie eompensat on. an monthly
compensation" have been transferred to SE!.~tJQn ~?,,. Oe9, apd are
eliminated here. '4JIIa'/'reJaaiMer of Mt~ S$'.09" ceRtains
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technical changes only, with no changes ill'.ubstance or intent, -"
exce~..~"':
1. At Division (A) (1) (amount of normal retirement income), a
provision has been added concerning participants who have
attained the age of 60 and retire with five or more years
of credited service. This provision is intended to mesh
with the new vesting schedule in Section 35.091.
2. Also at Division (A)(l), the current provision limiting
credited service to a maximum of 30 years is retained.
However, member contributions will cease when a participant
attains 30 years of credited service (see Section 35.095).
New language is added to implement the graduated vesting
schedule.
3. At Division (C) (3) (disqualifying causes of disability)
current language concerning a participant's "excessive and
habitual use of drugs, intoxicants, or narcotics" is changed
to: "excessive or habitual use..."
4. At Division (C) (5) (a) (monthly disability income payable
prior to normal retirement date), a revised formula for
offsetting workers' compensation wage-loss benefits from
disability retirement income is provided at subparagraph 4.
The new offset formula will bring the plan into compliance
with the Florida Supreme Court's decision in Barraqan v.
city of Miami, 545 So.2d 252 (Fla. 1989). In Barragan, the
Supreme Court held that a city cannot reduce or offset an
emplQYee's disability pension benefits by the amount of
workers-' compensation wage-loss benefits received by the
employee, except to the extent that the two benefits
together exceed 100% of the employee's average monthly wage
prior to the injury. The revised workers' compensation
offset formula is identical to the formula in the
police/firefighter pension plan.
5. At Division (C) (7) (recovery from disability), a new
sentence is added to the end of this paragraph providing
that any participant who recovers from disability but is not
re-employed by the City, and who had at least 5 years of
credited service at the time city employment was terminated
due to the disability, shall be entitled to vested deferred
retirement income calculated in the same manner as a
participant whose City employment is terminated after 5
years of service.
6. At Division (D) (benefits other than on retirement),
paragraph (1) (a) is revised to provide a deferred retirement
benefit for participants whose City employment is terminated
after 5 years of service. Under the current plan, a
participant must have at least 10 years of service to be
4
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eligible for a deferred benefit. The revised provision is
intended to mesh with the graduated vesting schedule in
section 35.091.
7. Also at Division (D) (1) (a), a provision is added giving
participants who terminate city employment with more than
5 years of service to wi thdraw their participant
contributions without interest, in lieu of receiving any
other plan benefits. with this provision, a participant who
terminates city employment after 5 years of service will be
able to elect either to receive a deferred retirement income
commencing at age 60, or an immediate withdrawal of
participant contributions without interest. The election
to withdraw participant contributions is irrevocable, and
a participant is not thereafter entitled to any credited
service for the period of City employment relevant to the
contributions withdrawn.
8. At Division (D) (1) (f), a new paragraph 1S added providing
that any participant who terminates City employment and is
subsequently re-employed by the City in a position eligible
for participation in the plan will be treated as a new
participant in all respects, except as otherwise provided
in Division (D) (a terminated participant who does not
withdraw participant contributions upon termination of
employment and is later re-employed by the City retains the
prior credited service, and earns additional credited
service during the period of re-employment), and section
35.093(C) (eligible employees who were previously excluded
from plan participation due to being over the then-existing
maxi~ allowable age at hire, who buy back the time during
which they were excluded).
9. At Division (D) (2) (benefit payable in the event of
participating employee's death on or before the normal
retirement date), the lump sum, service-connected death
benefit payable to the participant's spouse is increased
from $5,000 to $10,000. This increase was recommended by
the pension board.
10.' At Division (D) (2) (b) (death benefit -- nonservice-connected
.. death), the lump sum benefit payable to the spouse of a
deceased participant with 5 or more years of service is
increased from $5,000 to $10,000.
11. At Division (E) (optional forms of retirement income),
paragraph (2) is rewritten to provide that a participant may
change the designation of a joint pensioner or beneficiary
after the commencement of retirement benefits, subject to
the pension board's approval, if the participant pays the
full cost of determining the equivalent actuarial value of
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the benefit payable, and the amount of retirement income
payable to the participant is actuarially redetermined.
12. At Division (H) (termination of City employment for
dishonesty), a provision concerning notice of termination
for dishonesty from the City commission is eliminated. A
provision is added authorizing the pension board or the City
Manager to conduct an investigation concerning alleged
dishonest conduct. A participant's interest and benefits
under the plan cannot be terminated unless there has been
a full investigation of the alleged dishonest conduct and
the participant has had an opportunity to appear before the
pension board to present testimony and evidence.
section 35.098 (SuDDl_ental Retir_ent IDOOlle and Miaiaua
Beft_rit.) ,'-- The 5% increase in retirement benefits to employees
and beneficiaries of employees who retired prior to January 1,
1991 (Ordinance No. 65-92) is clarified to state that the
increase applies to those employees and beneficiaries who were
receiving benefits under the plan prior to January 1, 1991.
Ordinance No. 65-92 was apparently intended to apply only to
those employees who had retired and were actually receiving
benefits prior to January 1, 1991 and their beneficiaries, and
not to employees who had terminated their City employment but had
not yet begun to receive pension benefits prior to that date.
This section is also modified to provide that the minimum monthly
retirement income ($400 per month) is applicable to designated
beneficiaries of participants, as well as employees and
participa~. Again, this was apparently the intent of Ordinance
No. 65-92.
SecUoD '35.0'9 .' 'l~J.~lNPlt to hrniab R-oD''',Dl: :tJlfo~loDl
-- oivision (B) is revised to provide that the pension board may
defer action on a participant's request for retirement benefits
if the participant does not submit proof of age as required by
the board, or the board may rely on other available information
to determine the participant's age.
section 35.100 (Beneficiaries: continqencies) -- Technical
changes only; no change in substance or intent.
Section 35 .101 (Benefits Nonassignable) -- Technical changes
only; no change in substance or intent.
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section 35.102 (Benefits Payable to Minors and IncomDetents) --
Division (A) is amended to eliminate the pension board's
authority to determine whether a participant/beneficiary is
"unable to preserve his estate for his own best interest." The
phrase "legally incompetent" is substituted for the current
language. The pension board is authorized to direct all or a
portion of payments due to a minor or legally incompetent person
to the parent, lawfully appointed legal guardian, or legal
representative of the person entitled to plan benefits.
Section 35.103 (Abandonment of Benefits) -- This section is
amended to provide that if the pension board is in doubt as to
whether retirement income payments are actually being received
by the person entitled to them, it may notify the person that all
future retirement income payments will be withheld until the
person provides evidence of continued life and/or correct mailing
address. Further, the section is revised to provide that a
participant's right to receive retirement income may be canceled
forever if the participant does not respond or otherwise contact
the pension board within three years following the date payments
are withheld. Division (B)(3), concerning benefits payable to
a participant I s beneficiary upon the participant's death, is
eliminated. This provision duplicates language in other sections
of the plan.
Section 35.104 (Conditions of Emplovment Not Affected bv Plan)
-- No change.
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Section 35.105 (Administration bv Retirement Committee) -- This
section is revised to eliminate references to a "corporate
trustee." The composition of the Retirement Committee (pension
board) is unchanged, except for the elimination of a corporate
trustee. The pension board consists of a "chairperson and at
least one but not more than four additional members" appointed
by the City commission.
Division (C) is revised to require that pension board meetings
be noticed and open to the public. Meetings shall be conducted
in accordance with rules adopted by the pension board, or by
Roberts Rules of Order if the pension board has not adopted
rules. Official pension board action shall be taken by majority
vote of a quorum of the board.
Division (D) is amended to provide that the pension board may
delegate administrative, clerical, professional and other plan-
related functions as the board deems necessary and prudent.
Division (F) is revised to provide that a pension board member
shall not be held liable for actions taken in good faith, or
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actions taken by other members of the board. Pension board
members are entitled to rely on the advice of professional
consul tants and advisers employed or retained by the ci ty ,
including but not limited to attorneys, accountants, investment
advisors and actuaries. At paragraph 2, references to the
"commission" are changed to the "city."
section 35.1051 (Claims Prooedure) -- This is a new section which
provides a detailed initial hearing and full hearing procedure
for any person whose substantial rights are affected by a
decision of the Pension Committee.
section 35.106 (Trust Fund and Trustee) -- Technical changes only
to Divisions (A) through (D). provisions of Division (E),
concerning plan termination, are transferred to Section 35.109.
section 35.107 (Participant's Riqhts in Trust Fund) -- No change.
section 35.108 (Amendment of Plan) -- The city Commission retains
its authority to amend the pension plan. Paragraph (A) (2) is
amended to provide that no amendment shall change the duties or
responsibilities of the trustee unless the trustee is given
advance notice of and an opportunity to comment on the change.
Division (B) provides for retroactive plan amendments, when such
amendments are deemed necessary or advisable by the City
commission. However, a retroactive amendment cannot deprive a
participa~f the right to receive plan benefits to which he/she
is otherwise entitled, except for amendments that are necessary
to comply with federal or state law or to qualify the plan as a
tax-exempt plan.
section 35.109 (Termination of Plan) -- Relevant provisions
concerning the termination of the plan and distribution of trust
fund assets have been transferred from Section 35.106.
2/228b/hhp
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AMENDMENT TO
CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN
section 35.085 TITLE.
The plan hereby created by tho city shall be known as the
"ci ty of De!ray Beach Genera! Emp!oyees' Retirement Plan~ -f-or
Employees of the city" (hereinafter referred to as the "plan").
All the affairs and business of this plan shall be transacted in
that name.
('80 Code, Sec. 18-66) (Ord. No. 13-74, passed 4/22/74)
section 35.086 AUTHORIZATION.
An amended and restated retirement plan ic authorized to be
adopted and the exicting retiroment trust together uith,the plaH
ic authorized to DO adminictorod to provido benefitc in accord~
\lith the proviE::iom:: of thic cUDchaptor. The currently appointed
committee ic authorized anddiroctod to take the nececcary ctopc
for putting tho plan into offoct, and if doomod decirable by the
city Attorney tho cUDmitting of tho nococcary documentc to obtain
approval of the plan by tho Intornal Revonuo Sorvice ac a qualified
plan undor soctionc 401(a) and 501(a) of the Internal Revenue Code,
make any amondmentc required by ~he Intornal Revenue Service to
obtain approval ana aaminis~or ~ho plan ac provided herein,
provided thoce amendmon~c do no~ incroaco ~ho coct of tho plan to
the city. -..::---
('80 Code, Sec. 18-64) (Ord. No. 13-74, passed 4/22/74)
section 35.087 PURPOSE.
The purpose of the plan is to provide benefits to regular and
permanent city employees (as defined in Sec. 35.089(Dl09Q(A) of
this subchapter) and their beneficiaries upon the occurronce of
retirement, death..&.. Qt;: disability of ~ho omployoo or upon his
termination of employment of the emplovee. as provided herein.
('80 Code, Sec. 18-65) (Ord. No. 13-74, passed 4/22/74)
section 35.088 EFFECTIVE DATE: APPLICABILITY OF FORMER PLAN.
1& The oriqinal plan crea~od uaE:: effecti':e ac of took effect'
on January 1, 1965, and has been subsequently amended and restated~
chall DO again amonded and roc~a~od offoctive ac of the date of
execution of thiE:: E::ubchap~or.
('80 Code, Sec. 18-67) (Ord. No. 13-74, passed 4/22/74)
"
section 35.089 INTRODUCTION.
(l'.) The plan \Jill be adminictored by a cmami ttoo, ae more
fully deccribod in Sed. 35.105(A) of the plan. In conjunction ~ith
tho amendment and roctatemont of tho plan, the city ,:ill continuo
the trus:t fund pureuant to an agreement T.:hich ic knmm ae tho
"Retirement Truet for Employoec of the city" (T./hich truct
agreement, as: it ic originally \:ritten and ae it may hereafter bo
amended, ie hereaftor roferrod to ae tho truet agreemont), ui th tho
Sun Firct National Bank of Dolray Beach ae truetee or any eucceeeor
truetoe (heroinaftor referred to 3e truetee), and the funds:
contributod by tho city and tho omployoac for tho purpoco of
providing tho bonofitc epecified in tho plan ,Jill bo hold in the
truet fund and adminietorod by tho truetoo in accordance ~]ith the
provieione of tho truet agroomont.
(B) The truet agroomont, and any future amondmente thoroto,
ehall form a part of the plan and any amendmcntc hereto, in the
came mannor ac if all termc and provieionc thoreof ,:ore copied here
in detail; tho torme and provis:ione of the plan, and any futuro
amondmente hereto, ehall form a part of tho truet agroomont ae from
time to time it may be amendod, in tho camo manner ac if the came
vora copied in the trus:t agreoment in detail.
(~) The plan as set forth herein lS an amendment,
restatement, and continuation of the superseded plan as in effect
on April 22, 1974 and it is intended that there be no lapse either
in time or effect between this plan and the superseded plan.
(~~) -U~r the superseded plan, all benefits provided
thereunder were funded through the medium of a trust fund
established and maintained for the purposes of the superseded plan.
Under the plan, all benefits will likewise be funded through the
medium of a trust fund, established and maintained for the purpose
of the plan, for the exclusive benefit of the employees covered
under the plan, and their beneficiaries.
(QE) All covered employees will be treated alike under the
plan; however, it is the desire and intention of the city to
preserve for the benefit of the employees covered under the
superseded plan all benefits accrued to their credit thereunder as
of April 22, 1974. The benefits provided under the plan for those
employees, are at least equal to the benefits being provided under
the superseded 'plan, as in effect on April 22, 1974. Furthermore,
no rights under the superseded plan as heretofore vested have been
diminished.
(~~) The plan is applicable to each employee of the city who
is eligible to participate thereunder upon meeting the applicable
eligibility requirements adopted by the city. Each employee who
retires from cervico with tho city on or after April 23, 1974, in
accordance with the terms of the plan,L will be entitled to a
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retirement benefit determined in accordance with the following
provisions. Each employee whose service is terminated on or after
April 23, 1974, but prior to lH:-s. retirement hereunder will be
entitled to the benefits described In Sec. 35.097 (.QE) of this
subchapter. Any employee of the city who was a participant in the
superseded plan and \Jho had retired under the plan prior to April
22, 1974, and who was not employed by no longer in tho activo full-
time cervico of the city on ac of that date shall continue to
receive the benefits to which he was entitled under the superseded
plan. and ~ shall not receive any additional benefits under this
~ plan. except supplemental retirement income and minimum
benefits pursuant to Sec. 35.098.
('80 Code, Sec. 18-68) (Ord. No. 13-74, passed 4/22/74; Am. Ord.
No. 107-82, passed 1/ll/83)
Section 35.089 DEFINITIONS.
lAl "Actuarial (actuarially) equivalence (equivalent)" means
equality in value of the aqqreqate amounts expected to be received
under different forms of payment. Actuarial equivalent amounts
under the plan will be determined utilizinq the 1983 Group Annuity
Mortality Table with interest at seven percent (7%). where the
participant's aqe shall be set back one year and the beneficiary's
age shall be set back four years reqardless of gender. However.
in the event of plan termination. actuarial equivalence will be
based upon the interest and mortality assumptions prescribed by the
Pension Benefit Guarant Cor oration for Ian terminations in
effect on-t actual date of plan termination.
-
1Jll. "Basic compensation" means the compensation actually paid
. to a participant by the city. including participant contributions
picked UP bY the city in accordance with Sec. 35.095(A) (1) of this
subchapter. and exclusive of overtime pay. commissions. bonuses.
expense allowances. and all other extraordinary compensation.
ill.. "Credited service" means the period of continuous city
em~lovment from the employee's most recent date of hire to the date
of termination of city employment UP to a maximum of thirty (30)
years. except as otherwise provided in Sec. 35.093 of this
subchapter. Credited service shall include all periods of paid
leave. and unpaid leave UP to and includinq thirty (30) days in any
calendar year. Unpaid leave in excess of thirty (30) days in any
calendar year shall be excluded from credited service.
.illl "Employee" means any regular full-time employee of the
ci ty. except as otherwise provided here in. The term "employee"
shall not include: city Commissioners; the city Manager (and
assistants); the City Attornev (and assistants); department heads
upon their written election not to participate in the plan; former
department heads who have elected not to participate in the plan:
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any person employed for a temporary period or for a temporary iob.
or whose customary emplovrnent is for less than twenty (20) hours
in anyone week or less than five (5) months in anyone calendar
year; any participant who retires and receives early or normal
retirement benefits under the plan, is subsequently re-employed by
the city, and elects to continue receivinq retirement income durinq
the period of employment pursuant to Sec. 35.090(E) of this
subchapter; and firefiqhters and police officers employed by the
city who participate in another retirement plan.
.
ill "Employment" means reqular, full-time emplovrnent as a
city employee.
l.ll "Final monthly compensation" means the total basic
compensation received by a participant durinq the hiqhest paid
twenty-four (24) consecutive months of the one hundred twenty (120)
months immediately precedinq the termination of emplovrnent. divided
by twenty-four ( 24) . In computinq final monthly compensation for
a participant who has returned to active city emplovrnent followinq
an approved leave of absence, disability retirement or termination
of employment with a vested benefit, the period of leave of
absence. disability retirement, or followinq termination of
employment shall be iqnored in determining the hiqhest paid 24
consecutive months of the 120 months immediatelY precedinq the
subsequent termination of emplovrnent.
lQl "Normal retirement date" is the first day of the month
coincident with or next followinq the date a participant attains
the aqe of 60 and completes ten years of credited service. A
~articipant~y continue in the employ of the city and continue to
participate ln the plan beyond the normal retirement date.
J1il "Participant" means an employee who is eliqible to
participate and who actually participates in the plan.
ill. "Retirement" means termination of city employment with
immediate entitlement to receive normal. early or disability
retirement income under the plan.
.Lll "Spouse" means the lawful husband or wife of an employee
at the time of the employee's retirement or death. whichever is
applicable.
In "Terminated Participant" means a plan participant with
ten (10) or more 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.
I 4
section 35.090 ELIGIBILITY; PARTICIPATION.
(A) For the purpoeee of thic eection "EMPLOYEE" ehall mean
any pereon in the regular full timo eervice of tho city; providod,
hO'.JOver, that the term ehall not include City Commieeionere, the
city Attornoy (and aeeietante), judge, proeecutor (and aeeietante) ,
department heade upon thoir vritton oloction not to participate in
the plan, euch former department heade '..'ho havo olocted not to
participate 1n the plan, or any pore on employed for a temporary
poriod or for a temporary job, or ~hOEe cuetomary employment ie for
Ieee than t~.'enty (20) houre in anyone week or for Ieee than fivo
(5) monthe in anyone calendar year. ,1\.ny employeo "ho 1e hirod
pr10r to January 1, 1991, to fill the poeition of Aeeietant
Director of Environmental Servicee/Public utilitiee and Aeeietant
Diroctor of Environmental Sorvicee/City Engineer may aleo oloct
upon thoir uritten notice not to participate in the plan, co long
ae euch notico ie given vithin fifteen (15) daye of their boginning
omploymont 1'..'1 th the city. Aleo thoce firofightere and pol ico
officorc omployed by the city uho are participante in rotirement
plane ae prov idod for 1n F. S. Chaptere 175 and 185 or B-t--heF
applicablo city ordinancoe chall not bocomo participantc in t-he
plan.
(Ord. No. 51-90, passed 10/23/90)
(SB) The date on which an oach euch employee will become a
participant in the plan shall be:
~) April 23, 1974, for each employee who was a
participant__~ the superseded plan as of April 22, 1974;
(2) April 23, 1974, for any Qach other employee who was
not a participant in the superseded plan but who had has completed
one year of credited service as of such date; hO~JQver, any pereon
employed by the city after January 1, 19~ffi, but prior to April J3,
1971, \lhoee attained agQ at hiE: datQ of Qmployment \Jae ~O yearc,
shall not becomQ a participant in the plan: or
(3) For emolovees hired The date after April 22, 1974,
the date as of which each such other employee has completed one
year of credited service~ : hmJever, any pen;on employed by tho
city on or after April JJ, 1974, who has attained the age of 55
yeare ae of thQ date of his employment shall not become a
participant in the plan.
(~) Each SYGb employee who particioates in the plan meete the
eligibility requiremQnts as set forth above shall, as a condition
of continued city employment, make contributions to the plan as
required by Sec. 35.095(A), and shall become a participant in the
plan and be subject to all other provisions in the plan~ boginning
on euch date.
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(~~) Any employee who is absent from the active service of
the city on the effective date of the plan by reason of a leave of
absence granted by the city, or by reason of compulsory military
service, will become a participant hereunder as of the date of A+B
return to active city employment.
(~E) Each employee who participates in the plan shall becom~
eliqible for benefits as provided bv this subchapter. participant
\Iill be retired under the plan and entitled to a retirement income
upon retirement from E:enrico \lith the city by reaeon of hie age,
cubj ect to any minimum E:ervice requirementc herein. Each cuch
participant \,Thoee employment ie terminated becauce of mental or
phycical dicability in accordance \,Tith aec. 35.097 (D) of thi-f:
cubchapter ehall be entitled to dicability benefitc. Upon the
death of a participant, hie beneficiariee uill be entitled to death
benefitc ac preE:cribed in aec. Js.097(E) of thic eubchapter. Any
participant ,,Thoce eervice ie terminatod for any reacon other than
retirement, dicability retiremcmt, or death ,.'ill be entitled to
benefitc upon termination of cervice ae provided in Sec. 35.097(E}
of thic eubchapter.
L&l An employee who retires and beqins to receive early or
normal retirement benefits under the plan, and who is subsequently
re-emploved bv the city in a position eliqible for participation
in the plan, shall elect one of the followinq options:
ill The employee may'elect to continue receivinq
retirement income but not contribute to or accrue additional
benefits under the plan during the period of re-employment: or
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ill The employee may elect to have retirement income
payments suspended durinq the period of re-emplovrnent, and reioin
the plan as a contributinq participant. If this option is elected,
the participant's prior credited service will be added to the
credited service earned durinq the period of re-emplovrnent, and
upon subsequent retirement the participant's retirement income will
be adiusted based on total credited service and final monthly
compensation as of the date of subsequent retirement (iqnorinq the
prior period of retirement). In no, event will the participant's
adiusted monthly retirement income be less than that received
durinq the prior period of retirement.
lEl Upon the written election of a department head not to
participate in the plan , the emplovrnent of the department head
shall be deemed terminated for purposes of the plan. Any person
who terminates participation in the plan under this division shall
not thereafter be eliqible to receive plan benefits while actively
employed by the city.
('80 Code, Sec. 18-79) (Ord. No. 13-74, passed 4/22/74; Am. Ora.
No. 67-84, passed 9/25/84: Am. Ord. No. 105-84, passed 1/15/85;
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Am. Ord. No. 45-87, passed 5/26/87; Am. Ord. No. 51-90, passed
10/23/90)
section 35.091 VESTING.
Participants shall become entitled to normal retiremeQt
benefits under the plan In accordance with the followinq vestiD~
schedule:
Complete Years of Vested
Credited Service: Percentage:
5 50%
!i 60%
7 70%
8 80%
9 90%
10 100%
section 35.091 SERVICE.
Tho torm "SERVICE" ehall mean that period of continuom::
unintorruptod employment ....ith the city from the omployoo' c or
participant'c lact date of employment to tho earlier of the date
of termination of hie eervice and hie normal retiremont date or
extonded retirement date, .]hioheyer ie applicable, as herein
dOE::cribed._~ny abeence from the acti~Jo eorvico of tho city,
including bUt not limited to abeencoe by reaeon of diccharge or
rocignation, '.lhich aro not demaod a loave of abeence ae definod in
Soc. 35.092 of thie eubchapter, will be coneiderod a tormination
of eervico. Upon tho uritten oloction of a departmont hoad not to
participate in the plan, tho employmont of the dopartmont hoad
ehall be doomod terminated for the purpoce of applying tho
provisione of tho plan. 1'. departmont head ..]ho terminatoe hie
participation' in thie plan ehall not thereafter be eligiblo to
recoivo benofitc throuqh tho plan .lhilo activoly employed by tho
city.
('80 Code, Sec. 18-79) (Ord. No. 13-74, passed 4/22/74; Am. Ord.
No. 67-84, passed 9/25/84; Am. Ord. No. 105-84, passed 1/15/85;
Am. Ord. No. 45-87, passed 5/26/87)
section 35.092 LEAVE OF ABSEHCE.
(Z\) Z\beonco from the active eervice of the city by reacon of
leave of abcenco granted by tho city because of illnese or military
sorvico, or for any othor reaeon, ...ill not torminate an employee' e
or participant'e cervico provided he roturns to tho activo
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omploymcmt of tho city at or prior to tho oxpiration of his loave,
or if not E:pocifiod thoroin, ~Jithin tho period of timo ~:hich
accordE: 'tJith tho city' c policy 'tdth rOGpact to pormittad abeancoc.
If tho omployoo or participant doee not return to tho active
employment of the city at or prior to tho expiration of hie leave
of abeenco ae abovo dafined, hie Gorvico \:ill be coneidored
torminated ae of the data on ",!hich his leave began.
(8) ~beonco from tho ~ctive eorvico of the city because of
compuleory engagomont in military corvica \:ill be coneidered a
loavo of abeonce grantod by the city and T.:ill not terminato the
eervico of an omployeo or a participant if he returne to tho activo
employment of the city ~!ithin the period of timo during which ho
hac roemployment righte undar any applicable federal law or \!ithin
cixty (60) daye,from and aftor diechargo or ceparation from euch
compulsory engagemont if no foderal la\! ie applicable. No
provieion . of this division or in thie plan shall require
reemployment of any omployoo or participant uhoee activo carvice
,lith the city ~:as terminated by reaeon of military eorvice.
(e) .1'",11 participantc under similar circumctancec (;hall be
treated alike vith rogard to thie eoction.
('80 Code, Sec. 18-81) (Ord. No. 13-74, passed 4/22/74)
section 35.093 CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN.
(A) ~croditod Eervice of oach participant for purpoEoe of
calculati~ormal rotirement data \Jill DO tho total poriod of his
servico ac dofined in Sec. da.091 of thic Eubchaptor, in complotod
monthE, from hiE laEt dato of omploymont, cubjoctto roomployment
croditE ac doecribod in divieion (E) of thiE coction until his date
of tormination of employmont, oxcopt ae provided in divieion (C)
of thiE eoction.
(B) Croditod servico for pyrpoeo of calcYlating pom:ion
benofitc chall lao tho came ac division (1\.) of thie cection,
provided that tho employee becamo a plan participant on the firct
annivorEary of hie laet omploymont dato and continued to
participate until termination of employment. Any employoo ~iho was
excluded from Docoming a participant in the plan due to being over
the than exieting maximum ago provicions ehall have credited
corvico for purpocec of bonofit calculation ~:hich ic ogual to the
yearc of participation he olecte to buy back under divisionc (F)
and (el of thiE: &oction plus ono year, plus any timo after
Soptomber Je, 1984, tho employoo remainE: in tho amploy of the city
and a participant of the plan. In no ovont shall this cradited
Gorvice calculation axceed tho total number of yoarc of pormanent
employment r.Jith tho city.
8
(AE) Former plan participants who have not bequn to receive
benefits under the plan and who are re-employed by the city as
eligible employees will be considered new employees with credited
service for all purposes calculated as' such unless the former
participants elect to pay back to the plan the amount of any
prevlous distribution received from the plan plus interest. The
amount of interest required will be calculated based upon a seven
percent (7%) per annum rate for the period from date of original
distribution to the date of repayment. Former plan participants
who elect to repay this amount will be granted the credited service
awarded prior to their previous termination of service.
(~) Current employees, or employees who left the employ of
the city on or after cince January I, 1984, who participated in the
plan and who were excluded from further participation in the plan
during employment due to being over the then-existing maximum age
provisions,' but who never received a dietribution (by retirement
peneion income or withdrawal of participant employee contributions+
from the plan, shall have credited service for purposes of benefit
calculation equal to the period of participation before exclusion
plus one year, plus whatever time they elect to buy back under
divisions (~.fL) and (!2G) of this section, plus the time after
September 25, 1984, during which they contributed to, and
participated in the plan. If an employee who was excluded from
further participation in the plan received retirement income or a
withdrawal of participant contributions. a diEtrihution \Jae
received by the employee, then credited service for purposes of
benefit calculation shall be equal to the number of years the
employee elects to buy back under divisions (~~) and (QG) of this
section, PIus one year, plus the time after September 25, 1984,
during whicK the employee contributed to and participated in the
plan. Employees in this category may buy back both those years for
whiqh they have received a withdrawal of participant contributions
a di8tribution and the years during which they were excluded from
the plan. In no event shall this credited service calculation
exceed the total number of years of full-time permanent employment
with the city.
(D) The period of any ab8ence of thirty one (J1) daY8 or more
will he excluded from an employee'8 or a participant'u credited
eervice unle88 he recoivee regular compen8ation from the city
during that abeence and except ae othen!iee pro'Jidod belml. Any
ab80nce of thirty (JO) daye or lace \~ill bo included. The fir8t
tuo yoare of any abeonce aftor tho effectivo date of tho plan duo
to the employee'e or participant'e engagement in military eervice
\:ill be included in hie credited eervico if tho ab8enco i8 covored
by a leave of abeence granted by the city or i8 by reacon of
compuleor)' mili tar)' eervice. An employee or a participant \:ho ~lae
abeent prior to tha effecthre data of the plan bacau8e of hie
engagoment in military cervice \:ill be credited for the full period
of the ab8enco if the abeence vac covered by a leave of abeence
grantod by the city or T.lae by reaE:on of compu18ory military
9
.,
.
cervico, provided thif: period ,.'ould othen/ice have been included
ac credited cervice if tho omployoo or participant had beon in tho
activo corvice of tho city.
(~F) (1) Eligible employees who had previously been excluded
from plan participation due to being over the then-existinq maximum
allowable age for participation at hire, or were excluded from the
plan due to being over the then-existing maximum age at any time
during their employment with the city, will have their credited
service calculated in accordance with divisions (A) , (B), (C) and
~ of this section. Eligible employees who wish to buy back any
time they were excluded from the plan shall be required to make
payment ln accordance with according to division (.QG) , which
payment shall be equal to an amount which represents the employee
contributions they would have made to the plan had they always
participated. been eligible, plus interest. The amount of interest
required will be calculated based upon a seven percent (7%) per
annum rate for the period from which the money would otherwise have
been paid into the plan to the date of repayment. Those employees
who elect to make this payment will be granted credited service for
purposes of benefit calculation in accordance with division (B)~
or (Cl. Employees will be required to buy pay back the most recent
years first. All of the new participants will receive credited
service for the purpose of determining their normal retirement date
whether or not the optional payment is made.
(2) The repayment provisions of division (~F) (1) shall
also be available to former employees who ~ retired from the
city on or after cince January 1, 1984, and who were excluded from
the plan ~~to being over the then-existing maximum age~ thereby
being prevented from accruing ten years of credited service.
participation.
(QG) The repayment of a previous distribution plus interest
under division (bE) of this section or the payment of employee
contributions plus interest under division (~F) of this section
will be payable in a lump sum within ninety (90) days after
reemployment or on or before July 1, 1985, whichever is later.
However, persons who are employees of the city as of January 16,
1985, at 5:01 p.m. may elect to pay the amount required in
installments. If this option is used, $1,000 will be due on or
before April 15. 1985. within ninoty (90) daYE: of tho dato of
adoption of thic Clubchapter by tho City commiccion with subsequent
payments of the lesser of $1,000 or the balance due payable every
three months after the initial payment. If any type of benefit
payment under the plan begins prior to the full payment of employee
contributions or a previous distribution plus interest. the
outstanding balance will be deducted from the benefit payments as
they become due. The Retirement Committee shall have the authority
to waive the 90-day repayment deadline2 set forth herein, upon a
finding by the Retirement Committee of extenuating circumstances
upon individual request which shall be submitted not later than
10
nine (9) months following the expiration of the applicable 90-day
deadline.
('80 Code, Sec. 18-82) (Ord. No. 13-74, passed 4/22/74; Am. Ord.
No. 82-79, passed 12/10/79; Am. Ord. No. 67-84, passed 9/25/84;
Am. Ord. No. 105-84, passed 1/15/85; Am. Ord. No. 50-89, passed
8/22/89)
section J5.094 ACTUARIAL EQUIVALENCE.
(A) For tho purpoco of thic cection, "ACTUARIl\.L (l\.CTUl\.RIl\.LLY)
EQUIVALENCE (EQUIV.1\.LENT)" chall mean equality in valuo of the
aggregato amountc oxpoctod to be recoived under difforont formc of
paymont.
(B) .1\.ctuarial oquivalont amountc.. undor the plan 'Jill bo
dotorminod horoin utilizing the 1951 Croup Annuity Mortality Tablo
projectod by Scalo C to 1965 'lith intoroct at ceven percont (7%) ,
uhoro tho participant' c ago chall bo cot back one yoar and tho
boneficiary'c age chould be cot back four yoarc rogardlocc of tho
actual cox of thoce individualc. Ho\!evor, in the event of plan
termination, actuarial oquivalence \lill bo bacod upon tho intorect
and mortality accumptionc proccribod by tho pencion Benefit
Cuaranty Corporation for plan terminationc in offect on the actual
dato of plan tormination.
('80 Code, Sec. 18-83) (Ord. No. 67-84, passed 9/25/84)
---
section 3~5 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 roquirod of omployeec
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~ ac dofinod in Soc. Ja.097(A) 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. tho adoption of thic cubchaptor by tho City commiccion.
Beginning with the first pay period after September 25. 1984. ~
adoption of thic cubchaptor, each participant will contribute
toward the' cost of the plan an amount equal to six percent (6%) of
11
.,
l:H,.s. basic compensation..:.., aE: dofinod in Soc. ]9 _ 097 (A.) of thic
cubchaptor. 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 l:H,.s. basic compensation as
dofinod in Sec. 35.097(A.) ,0 on a tax-deferred basis.
(3) Each participant shall continue to contribute to
the plan until the earliest to occur of the following dates:
(a) Date the participant retires under the plan.
(b) Date of death of the participant.
(c) Date of termination of the participant's
employment Eervico with the city.
lQl Date the participant attains thirty (30) years
of credited service under the plan.
(4) 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 terminated participant (aE: dofinod in Soc.
35.097(E) of thiE: E:ubchaptor) elects to withdraw participant ~
contributions prior to the ~ normal retirement date, the
participant he will be entitled only to the return of participant
~ contributions without interest. in lieu of all other benefits
payable under the plan. Participant Ggontributions cannot be
withdrawn~e a participant remains in the employ Eorvico of the
city or after the payment of benefits under the plan has commenced.
( '80 Code, Sec. 18-93) (Am. Ord. No. 67-84, passed 9/25/84; Am.
Ord. No. 48-89, passed 8/8/89)
(B) City'S contributions.
(1) The city intends to make contributions as are
required, together with contributions of participants and earninqs
on investment of fund assets, to maintain the trust fund
established for the purposes of the plan on a sound actuarial
basis, as determined by the actuary employed by the Ggity
CommiEEion in accordance with Sec. 35.105(E) of this subchapter.
('80 Code, Sec. 18-94)
(2) The city shall have no right, title, or interest in
the trust fund or in any part thereof, and no contributions made
thereof shall revert to the city except that part of the trust
fund, if any, which remains therein after the satisfaction of all
liabilities to persons entitled to benefits under the plan, as
12
described in Sec. 35.106(E) of this subchapter with respect to
termination of the plan.
('80 Code, Sec. 18-96)
section 35.096 EXPENSES OF ADMINISTRATION.
The city may pay all expenses incurred in the administration
of the plan, including expenses and fees of the trustee, but it
shall not be obligated to do so, and any expenses and fees not so
paid by the city shall be paid from the trust fund.
('80 Code, Sec. 18-95)
section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
(A) Bacis of retirement income.
(1) For the purpoce of thic divicion, tho follmJing
definitionc chall apply unlace tho contoxt clearly indicatos or
roquiroc a difforont moaning.
(a) "BASIC COMPENSATION. " The componsation
actually paid to a participant by tho city, including participant
contributions pickod up by tho city through a roduction in the
participant' c componcation 'lhich are not included in tho grocc
incomo of tho participant for the taxable year in \'..hich cuch
amountc ~_ contributed, and exclucive of overtime pay I
commiccionc, bonucoc, exponco allmlancec, and all other
oxtraordinary componsation.
(Am. Ord. No. 18 89, pacced 8/8/89)
(b) "FINAL MONTHLY COMPENSATION." Tho
participant'c average monthly rate of compencation from the city
for the 21 cucceccive monthc out of the 120 monthc next preceding
tho date on ,..hich hie cervice 'lith the city terminates for any
reacon ,..hich gi~Jes the hig-hect a~!orago monthly rato of compensation
for tho participant.
(2) Tho monthly rotirement incomo payablo on rotiroment
\lill bo baced on tho participant'c final monthly compencation and
on his credited cerlicG.
(3) Tho participant's average monthly rate of
componcation will bo determinod by dividing the total bacic
componcation received by him during that 21-month period by tho
numbor of monthc for 'Jhich he rocoi vod componcation from the city
in that 21-month period. The number of monthc for uhich ho
rocoivod compencation from tho city \lill bo computed, to the extant
13
"
ho 'i:ae paid on othor than a monthly haeie, hy dotormining tho
numbor of pay poriode onding ....i thin tho 21. monthe for 'ilhich ho
rocoivod componeation from tho city, and convorting thoeo pay
poriode into monthe by dividing tho number thereof, if ..:eekly, by
1-1/3; if bi\:ookly, by 2-1/6; and if comimonthly, by tT.JO.
(1) In computing final monthly componcation for a
participant ".Tho hac roturnod to tho active ccrV1CO of tho city
folloving a loavo of abeonco grantod by tho city during uhich ho
did not rocoive rogular componcation from tho city, or follo~ing
a period of dicability rotiromont or termination of corvice \lith
a vocted benefit, ae doccribed in divicionc (D) (8) and (E) (1) (c)
of thic coction, recpectivoly, tho period during ,.Thich ho r..Tac on
leavo of abconce, or during \Jhich ho T.lac on dieability retiremont,
or during ".Thich hie sorvice \lac terminated, chall bo ignorod, or
oxcludod, in dotormining tho 24 monthc proceding a cubeequont dato
of termination of cervico or hie date of -oarly, normal, or extondod
retirement.
( '80 Codo, Soc. 18 109) (Am. Ord. No. 82 79, pacced 12/10/79; Am.
Ord. No. 67-84, pacced 9/25/81)
(~B) Normal retirement and retirement income.
(1) Normal rotiromont dato. Tho normal rotiromont dato
of oach participant will bo tho firct day of tho month coincidont
with, or noxt follo~ing, tho date ho both attainc tho ago of '0
and complotec ten yearc of croditod corvico. Hmmver, a
participant may continue in tho cor:ico of tho city beyond his
normal roti~ment date and retire on an extendod rotiremont date
ac dofinod~ divieion (g) (J) of thic coction.
(.1.-6) Amount of normal retirement income. The monthly
amount of retirement income payable to a participant who retires
on or after his normal retirement date shall be an amount equal to
two and one-half percent (2.5%) the product of "a" and "b" whora
"a" ic J 1/2% of final monthly compensation; and "b" ic yoarc and
completod monthe of multiplied by credited service, maximum of JO
yoarc. expressed in years and tenths of a year. UP to a maximum of
thirty (30) Years. A participant who has attained the age of sixty
and retires with five (5) or more years of credited service. but
less than ten (10) years of credited service. shall be entitled to
monthlY retirement income in an amount equal to two and one-half
percent (2.5%) of final monthly compensation multiplied by credited
service expressed in vears and tenths of a year. multiplied by the
participant's vested percentaae as set forth in Sec. 35-091.
(J) Extondod rotirement data. Tho oxtendod retiromont
dato of a participant ~ill bo tho firct day of the noxt month pact
normal ratiromont data aftor actual termination of earvico.
14
I
,
(4) Amount of extended retirement income. The monthly
amount of retirement income payable to that participant .:ho retiree
on hi~ extended retirement dato chall be an amount equal to tho
product of "a" and "b" uhere "a" lC 2 1/2't of final monthly
compencation: and "b" ic yoarc and completed monthc of croditod
cervico, maximum of 30 yearc.
(~~) Payment of normal retirement income. The monthly
retirement income payable in the event of normal or extendod
retirement will be payable on the first day of each month. The
first payment will be made effective on the participant's normal
or oxtendod retirement date (or on the first day of the month
coincidont .:ith, or noxt following, hie actual retirement, if
later)L and shall be continued thereafter during the participant's
~ lifetime~+ Y Qpon the participant's ~ death the ~
retiremont same monthly benefit shall be continued to his or her
spouse for one yearL and sixty percent (60%) of ~ that amount
shall be continued to the spouse thereafter until the earlier of
the spouse's death or remarriage.
('80 Code, Sec. 18-110) (Am. Ord. lJo. 32-79, passed 12/10/79; Am.
Ord. No. 67-84, passed 9/25/84)
(~) Early retirement and retirement income. Early retirement
under the plan is retirement from the service of the city, \lith
tho conEent of the city, ac of tho firct day of any'month prior to
the participant's normal retirement date but subsequent to~ the
data a~ of uhich ha ha~ both attained the age of attainment of aqe
55 yoarc and completod at leaEt the completion of 15 years of
credited ~ice1.. or the completion of 20 years of credited
service, r~rdless of aqe. 'ilhichever ic applicabla. In tho avant
of early retirement, p Eayment of early retirement income will be
governed by the following provisions of this section:
(1) Early retirement date. The early retirement date
will be the first day of the month coincidont .lith or next
following the date a participant retires from the service of the
city under the provisions of this section prior to his normal
retirement date.
(2) Amount of early retirement income. The monthly
amount of early retirement income payable to a participant who
retireE prior to hie normal retiremont date under the provicion~
of thiE divicion shall be an amount equal :t-G the product of "a" and
"b" where "a" is the an amount aqual to hie number of years and
tenths of a year of credited service, maximum of 30 yoarc, at the
~ early retirement date multiplied by two and one-half percent
(2.5%) 2-1/2% of M-s final monthly compensation1.. T and "b" is the
applicable actuarial reduction factor to take into account the
participant's younger age and the earlier commencement of
retirement income payments. The factor to be used in "b" above
\lill be is equal to one minus five-twelfths of one percent ~ for
15
'.
.
each month that the early retirement date precedes the normal
retirement date.
(3) Payment of early retirement income. The retirement
income payable in the event of early retirement will be payable on
the first day of each month. The first payment will be made
effective on the participant's early retirement date and shall be
continued thereafter during the participant's lH-s lifetime..!,. -7- u
~pon the participant's ~ death the full retirement same monthly
benefit shall be continued to his or her spouse for one year~ and
sixty percent (60%) of that the amount shall be continued to the
spouse thereafter until the earlier of the spouse's death or
remarriage.
('80 Code, Sec. 18-111) (Am. Ord. No. 67-84, passed 9/25/84)
(~g) Disability retirement and retirement income.
(1) A participant may retire from the service of the
city under the plan if he or she becomes totally and permanently
disabled, as defined in division (~g) (2) of this section, on or
after the effective date of this section but prior to the lH-s
normal retirement date. This type of retirement from the cervice
of tho city shall heroin be referred to as disability retirement.
(2) Total and permanent disability. A participant will
be considered totally disabled if, in the opinion of the Retirement
Committee, the participant he is wholly prevented from engaging in
any occupation for wage or profit; and a participant will be
considere~~ermanently disabled if, in the opinion of the
Committee, ~he participant is likely to remain so disabled
continuously and permanently from a cause other than those
specified in division (~g) (3) of this section.
(3) Disqualifyinq Nonadmi88iblo causes of disability.
A participant will not be entitled to receive any disability
retirement income if, in the opinion of the committee, the
disability is a result of:
(a) The participant's E g,xcessive or aM habitual
use by the participant of drugs, intoxicants, or narcotics;
(b) Injury or disease sustained by the participant
while willfully and illegally participating in fights, riots, civil
insurrections, or while committing a felony;
(c) Injury or disease sustained by the participant
while serving in any armed forces;
(d) Injury or disease sustained by the participant
diagnosed or discovered cubE:oquont to tho date hie after the
termination of city employmentL hac terminatod;
16
(e) Injury or disease sustained by the participant
while working for anyone other than the city, and arising out of
such employment; or
(f) Injury or disease sustained by the participant
as a result of an act of war, whether or not the act arises from
a formally declared state of war.
(4) Proof of disability. The Committee, before
approving the payment of any disability retirement lncome, shall
require satisfactory proof, in the form of a certificate from a
duly licensed physician selected or approved by the Committee, that
the participant has become disabled as provided herein. Every cix
monthc after commencement of dicability retirement income, or more
frequently, t The Committee may cimilarly require similar proof of
the continued disability of g ~ participant after the
commencement of disability retirement income.
(5) Disability retirement income.
.-
(a) Monthly income payable prior to normal
retirement date.
1. Service-connected disability. The benefit
payable to a participant who retires from the service of the city
due to total and permanent disability arisinq out of and in the
course of city emplovrnent shall be a monthly retirement income
equal to seventy-five percent (75%) of the participant's final
monthly compensation at the date of disability. subiect to offsets
for socia securit and workers' com ensation benefits in
accordance ith division (~~) (5) (a) 4 . of this section. Im:E: any
primary E:ocial cocuri ty or '\ilOrkor' E: componE:ation Donofi tE: ,:hich the
participant may rocoivo.
2. Nonservice-connected disability. The
benefit payable to a participant who retires from the service of
the city due to total and permanent disability not arisinq out of
and in the course of city emplovrnent, after the completion of ten
ilQl years of credited service, shall be an amount equal to two
percent (2%) of final monthly compensation at the date of
disability, multiplied by the years and tenths of years complotod
calondar monthE: of credited service, subject to a maximum monthly
retirement income of fifty percent (50%) of final monthly
compensation, and subiect to offsets for social security and
workers' compensation benefits in accordance with division
1. C~) ( 5) ( a ) 4 . of this section. leE:E: any primary E:ocial E:ocurity or
\!orkor' E: componE:ation Donofi tc ,:hich tho participant may rocoivo.
3. If a participant with greater than ten
ilQl years of credited service is eligible to receive a nonservice
disability benefit of less than $50 per month under division
(~~) (5) (a) 2 . of this section, the participant may elect to receive
17
.,
an optional benefit payable commencing acoording to the provisions
of division (~)(6) of this section and subjeot to division CEil
of this section. This optional benefit will be equal to the
product of "a" and "b", where "au is an amount equal to h4,.s 1-M
number of years~ and tenths of years of credited service, maxi'Alum
of 30 yoa~ at the h4s date of disability~ multiplied by two ang
one-half percent (2.5%) 2-1/2% of his final monthly compGnsation,
and lib" is the applicable actuarial reduction factor to take into
account the participant's younger age and the earlier conuncncement
of retirement income payments. If this option is elected, the
benefit payable will not be subject to the provisions of division
(~O) (5) (b) of this section, but will be payable as a normal
retirement benefit would be paid -fpursuant tQ division (A) (2)
-(-B}-{-&) of this section) I unless an optional form of payment is
elected under division (g~) of this section, in which case such
election will define the period of payment.
~ The cU,sabili ty retirement income describec!
~hove shall be reduced by social security and workers' compensation
v:a91{~-:l,o.;:;s benefi ts ~_ecei ved by the participant. as follows , ThE'
.re,~_uction for gpcial security benefits shall be' in the amount of
the R;t;.imary insurance amount onl V. not includina any famil y
llS')lefi,t. Any cQpt of Ii ving adjustments in the participant's
~9_c;::J~J security: b~nefits shall not serve to reduce further the
disability retirement income ~ayable from the Rlan. The reduction
fOT social ~~ggritv disability benefits shall terminate upon the
retiree' ~_~ttainment of aqe 65. Disability retirement income
payable {~om the ~lan shall be reguced by workers' comnensatioD
~gg~-L~ss benefits ~geived by the participant to the extent that
~uch benefits,__~hen adde4 to the p~tioipant.s gisability
retiremenv1'1Pome from the olan (adjusted tor social security
Qenefits receivqq" if applicable). exceed the nartlcl~ant's final
monthly Q.QJTlRensation at the date of di@ability. Any cost of 1ivinq
g.qJy_~trnents in the t>articipant's workers' cQJ1\Densation benefits
shall not se.rve to l;'e_duce further .the disability retirement income
payable fr.gJll the plan. In the case of a lump sum workers'
compensation set~lement. the di&ability retiri~ent income payable
from the plan shall be adjusted as tollows:
iL.. The amount ot the lump sum settlement
9h~l,.1._J:)e divided by the-p.articipant's remaining life exoectancy (in
months). as det.~l;mJ.ned using standard actuari~l tables approved py
the plan actuary;
l2..s. If the number obtained in
subparagxap~_~, above. when added to the oarticipant's monthly
disahility r~tj.rement income from" the plan. exceeds the
part~~j,p,a.J}t' s final monthl.Y~ompensationon the date of disability-,-
the ~m~unt of the excess shall be doduoted from the participant's
!1lpnthlv. disability retirement income from the plan, for the
duration of the particiDant's remaining ltfe exnectancy as
determined in subparagraph a., above.
(Revised: 11/16/93)
18
.9...:... If the number obtained in
subparaqraph a., above, when added to the participant's monthlY
disability retirement income from the plan does not exceed the
participant's final monthly compensation on the date of disability,
there shall be no reduction of the participant's disability
retirement income from the plan.
(b) Monthly income commencing on normal retirement
date. If a participant is receiving monthly disability retirement
income from the plan upon attaininq the normal retirement date as
defined in this paraqraph, disability retirement income shall be
discontinued and normal retirement lncome shall commence in
accordance with this paraqraph. For the purpose of this paraqraph,
a participant's credited service for the purpose of determininq the
normal retirement date shall include all periods of credited
service as defined in Sec. 35.089 and 35.093 of this subchapter,
and all years and tenths of years durinq which the participant
received disability retirement income from the plan. Disability
retirement income paid to a participant shall cease effective upon
the participant reachinq the normal retirement date. Also
effective on the participant's normal retirement date, the
participant shall beqin receivinq monthly retirement income
computed in the same manner as for normal retirement in accordance
with division (A) (1) of this section, based upon the participant's
credited service as defined in this paraqraph, and proiected rate
of final monthly compensation at the normal retirement date (as
defined in this paraqraph, below). The participant's pro;ected
rate of final monthly compensation at the normal retirement date
shall be determined in accordance with Sec. 35.089 (El of this
subchapter~~ut based on the assumption that the participant's rate
of monthlY basic compensation at the date of termination of City
employment due to disability would have continued without chanqe
to the normal retirement date. Tho monthly incomo in tho amount
de~cribod in divi~ion (D) (5) (a) of thi~ ~oction, unle~e previoucly
di~continYed in accordance uith divicion (D) (8) of thi~ cection,
~hall coaee ~..ith the laet payment being dUG on the fir~t day of the
month immediately preceding the disabled participant'c normal
retirement date. Commencing on tho dicabled participant'c normal
. retirement date, hie monthly dieability retirement income ehall be
an amount computed a~ of for normal retirement in accordance \Jith
divicion (S) (J) of thi~ ~ection, baced upon the di~abled
participant'~ anticipatod number of yearc of creditod ~ervico at
hi~ normal retirement date (a~ dofined belm:) and hi~ projectod
rato of final monthly componcation at hi~ normal retirement dato
(ae defined belm:). Tho participant' c anticipated nUl1lbor of yearc
of creditod ~ervico at hiE! normal retiremont ehall DO oqual to that
number uhich he ~:ould havo accrued at such date in accordance \Ji th
Sec. d5.088, limited to a maximum of 30 yoarc ae ~ot forth in
divieion (S) (J) of thic cection, if hie employmont '.:ith tho city
had not been terminated but had continued uninterrupted from the
date of termination of hie eorvice dUG to dieability to hie normal
retirement date. Tho participant'e projoctod rata of final monthly
19
"'
compen~ation at hi~ normal retirement date ~hall be determined in
accordance 'lith di"li~ion (1\) of this: ~ection and ~hall bo
dotermined a~ of tho participant'~ normal retirement date based on
the a~eumption that tho participant'e la~t regular rate of monthly
basic compensation prior to tho data of termination of hi~ ~orvico
due to disability T.muld havo boon continuod uithout chango to hie
normal retiroment dato.
( 6) Payment of disability retirement income. The
monthly retirement income payable upon to uhich a participant ie
entitled in the event of hiE disability retirement will be payable
on the first day of each month. The first payment will be made
effective on the first day of the month coincident ~ith, or next
following the later to occur of the date on a~ of which I:H:.s the
participant's disability has existed for five months, or aM the
date on ae of which application is made in \Jriting by the
participant submits a written applicatron for disability for tho
paymont of that retirement income. whichever is later. The la~t
payment \!ill be Disability retirement income will continue to be
paid durinq the participant's lifetime. and in lieu of any other
retirement income under the plan. except as follows:
(a) If the participant recovers from.:the disability
prior to the fl-i.& normal retirement date, the last disability
retirement income payment will be the payment due next preceding
the date of ~ recovery.
(b) If the participant dies prior to the Ms normal
retirement date without recovering from R4s disability, the last
payment wi:ti---be the payment due next preceding the date of M.G
death. ---...
l.tl If the participant attains the normal
retirement date while receivinq disability retirement income.
disability retirement income shall be discontinued and normal
retirement income commenced in accordance with division (Cl (Sl (bl
of this section.
(0) If tho participant attains hi~ normal
rotiremont dato \lhilo ~till dlE:ablod, tho laEt payment 'Jill be tho
paymont duo next preceding the di~abled participant's death.
(7) Recovery from disability. If the Committee finds
that a participant who is receiving a disability retirement income
is, at any time prior to the ~ normal retirement date, no longer
disabled, as provided herein, the Committee shall direct that the
retirement income be discontinued. Recovery from disabil i ty as
used herein shall mean the ability of the participant to engage in
any occupation for wage or profit. However, any participant who
recovers from disability and whose disability retirement income is
discontinued by the Committee and who, as of the date of
termination of city employment hiE ~ervico due to disability, had
20
completed twenty (20) years of credited service or who had both
attained the age of 55 years and completed at least fifteen (15)
years of credited service or completed at leaet ten (10) yearg of
credited eervice shall, if not re-emploved bV he doee not reenter
tho eervice of the city, be entitled to ~ early retirement income
or the veeted deferred retirement income as provided in divisions
..L!2.l (D) and (E) (1) of this section, reepoctively, based on the
participant's h-is final monthly compensation and h-is credited
service as of the date of termination of city employment lH-s
eervico due to disability and upon the participant's hig attained
age as of the date of recovery from disability..!.. , but early
retirement viII be eubject to consent of the city, and t The amount
of early ~ retirement income upon early retirement \!ill payable
In this circumstance shall be actuarially reduced to take into
account the participant's younger age and the earlier commencement
of retirement income payments as provided in division (~) of this
section. Anv participant who recovers ~rom disability and whose
disability retirement income is discontinued bv the Committee and
who, as of the date of termination of city employment due to
disability had completed at least five (5) years of credited
service shall , if not re-employed by the city, be entitled to
vested deferred retirement income as provided in division (D) of
this section.
(8) Reemployment by the city. If E. .t,be participant
recovers from disability and is re-emploved bv reenters the servico
~ the city, the participant's city emplovrnent hie service will be
deemed to have been continuous and he ~:ill roceive credited service
under the-Ed~ will be qranted for the period of disability. ~
that period~uring \!hich he ~]ag com:iderod totally and permanently
disablod as provided herein.
('80 Code, Sec. 18-113) (Am. Ord. No. 15-78, passed 2/27/78; Am.
Ord. No. 82-79, passed 12/10/79)
(QE) Benefits other than on retirement.
(1) Benefit on termination of service and on death after
termination of service:
(a) If a participant's city emplovrnent 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 division (B) of this section. or
disability retirement as described in division (C) of this section.
the participant shall, if then livinq, be entitled to a deferred,
monthly retirement income commencinq on the normal retirement date.
The amount of the deferred monthl y retirement income shall be
computed in the same manner as normal retirement income under
division .(B) 2 of this section, based upon the terminated
21
"
participant's vested percentaqe, credited service and final monthly
compensation at the date of termination of city employment. A
participant who terminates city employment after completion of five
C5} years of credited'service may alternatively elect, in lieu of
any other plan benefits, to withdraw t:>articipant contributions
without. interest. Such election to withdraw participant
contributions shall be irrevocable, and the participant shall not
thereafter be entitled to any credited service under the plan for
the period of City employment relevant to the contributions
withdrawn, reqardless of future employment with the City. In the
event of the termination of a participant'8 8ervice prior to hie
normal retirement date for any rea80n other than hie death, early
retirement uith the coneent of the city a8 de8cribed in divieion
(e) of thie cection, or dieability retirement ae deccribed in
divi8ion (D) of thic eection, after he hac completed ten yearc of
creditod cervice (the participant i8 hereinafter referred to a8 a
terminated participant), he uill bo entitled to a monthly
retirement incomo to commence on hie normal retirement date, if he
chall then be living, ln an amount accrued to the date of
termination of hig cervice. The amount of the accrued deferred
monthly retirement income ehall be computed ac for normal
retirement under divigion (B) (2) of thic eection, ba8ed upon the
terminated participant'c number of yearc of credited cervice and
final monthly compem:ation at the date of termination of hie
cervice.
(b) In the event a terminated participant dies
prior to the commencement of deferred ~ retirement income and
without havinq received a lump sum benefit in accordance with
division of this section or a withdrawal of artici ant
contributio . at hie normal retirement date ('ii.rithout ha....ing
roceived, in accordance uith divieion (C) of thic cection, the
value of the benefit in divieion (E) (1) (a) of thic 8oction), hie
the participant's desiqnated beneficiary shall ~ receive the
monthly retirement income, payable for ten years certain and life
thereafter and effective beginning on the date of the participant's
death, which can be provided by the single-sum value of the
participant's accrued deferred monthly retirement income as of the
date of termination of the participant's emplovment, cervice,
accumulated at interest from the date of such termination of the
participant'c cQr\'ice to the date of the participant's ~ death.
~ If a terminated participant who has not
received a withdrawal of participant contributions or any other
retirement benefit or income from the plan is re-employed by the
city in a position eliqible for participation in the plan, the
participant shall retain the prior credited service, and earn
additional credited service as a contributinq participant during
the period of re-employment, in lieu of the deferred retirement
income provided in division CD) (1) (a) of this section. The monthly
retirement income payable to such a participant followinq the
subsequent termination of employment, and commencinq on or after
22
,
the normal retirement date, shall not in any event be less than the
amount to which the participant was entitled under division
(D) (1) (a) of this section prior to re-emplovrnent by the city.
(c) If a participant'e eervico \lith tho city ie
terminated \lhile he ie entitled to the retirement income deecribed
in divieion (E) (1) (a) of thie eection and he eubeequcntly reenterc
the eervico of tho city, he uill be entitled, upon reentry, to tho
credited cervice he had on the date of termination of hie eervice
in lieu of the benefite to '..'hich he \Jac entitled on that date under
diviE:ion (E)(l)(a) of thie eoction; providod that the monthly
retiromont income payable to the participant commencing at normal
retirement date ehall not be Ieee than the amount to \.Thich he \!ac
entitled under divieion (E) (1) (a) of thie coction, prior to hie
reentry into the eervice of the city. Excopt ae providod in
divieion (D) of thie eection uith reepoct to dicability rotiroment,
any other participant 'Jill, on reentry into the eorvico of tho city
(unloce he hac been on leave of abcence purcuant to the provicione
of ~ec. ]5.092) , be treated ae if he then firet onto red the eervico
of tho city, except ClE indicated in ~ec. 35.093(C).
(d) The provisions of division (~~) of this section
relating to optional forms of retirement income are applicable to
the benefits provided under division (~) (1) (a) of this section.
(e) Except as provided ln division (AB) of this
section with respect to normal retirement, division <.~~ ) of this
section with respect to disability retirement, and division (.QE)
of this section with respect to death, g ~ participant whose
emPlo~ent~~ic~ ~s terminated prior to the com~letion of five
ru.. dOT l=nch ho hac complotBd at loaE: ton years of
credited service shall be entitled only to the return of
participant ~ contributions without interest.
ill Except as otherwise provided in division (D)
of this section and Sec. 35.093(C), any participant who terminates
city emplovrnent and is subseauently re-employed by the city in a
position eliqible for participation in the plan will be treated as
a new participant in all respects, with date of participation and
credited service determined on the basis of the participant's most
recent date of employment.
(2) Benefit payable in the event of participating
employee's death on or before the prior to normal retirement date~
\!hilo in corvicB:
( a) Death benefit - service-connected death. If
tho corvico of a participant's city employment is terminated by
reason of ~ deathT onT or before the prior to, hie normal
retirement date, and the death arises out of or in the course of
city employment, there shall be payable the following:
23
'.
1- To the J)articiDsnt's spouse.,. or other
designated beneficiary or beneficiaries, as the case may be, a
lump-sum payment of $10.00Q ~oo; plus
2. To the participant's spouse, until the
earlier of his or her death or remarriage, whichove~ as ap~ioable,
a monthly income equal to seventy-five percent (75%) of the
participant's final monthly compensation at the data of death; or
to a designated beneficiary or beneficiaries other than the spouse,
until death, a monthly income equal to the actuarial equivalent of
a lifetime benefit payable to the participant in the amount of
seventy-five percent (75%) of the participant's final monthly
compensation at the date of death; plus
3. For each child of the participant until
he or she ~ shall ha.J.fe-l:'Elached the age of eighteen (18)
yearsL and for each child from age 18 until age 22 who is a full-
time student in an accredited school, there shall be payable an
additional monthly income equal to seven and one-half percent
lLL~%) 7-1/:3% of the participant's final monthly compensation. The
maximum monthly income tor the particinant's spouse and children
combined shall not exceed ninety percant (90%) of the participant's
final monthly compensation at the date of death. fA ~
nonstudent.l...s Child's monthly income shall terminate effective ~
the first day of thQ month naxt preceding the oar-4..ter of the
child's death, marriage, or the attainment of age 18~ whichever
occurs first; the monthly income of a child who is a full-time
studont shall terminate effective em the first day of the m.onth
next preceding ~hQ earlic~ o~ the child's death, marriage, or the
attainment of age 22. wh ichever occurs first. Legally adopted
children ~ bo eligible for a monthly income in the same manner
as biQlogica natu~* children.
(b) Death benefit - nonservice-connected death.
If ~e-s~~o~ a participant's city employment is terminated by
reason of A!& death onT or before the ~artic1pant's ppior to, hi~
actual retirement date, and bene~its are not payable pursuant to
Sec. 35.097(D)12) (a). there shall be payable the following:
1. If an employee the participaat has less
than one year of credited service, a lump-sum payment of $2,500,
payable to the emoloyee's spouse or other designated beneficiary
or beneficiaries.
2. If the participant has ~t least one year
~redited l;:ervioo but less than five years of creditGd service,
a lump-sum payment of $5,000, payable ~o the particiDant's spouse,
or other designated benefioiary or beneficiaries.
3. If the participant has five or more years
of credited service, there shall be payable:
(Revised: ' 11/16/93 )
24
I
a. A lump-.urn paym&nt. of 810.000 -$G...OOO
plya~le to the spouse or other designated Denefic1ary or
b.n.~101ari.., plU8
b. TO the participant's spouse, until
the earlier of his or her death or remarriage I whichovev is
applicablor a monthly income equal to sixty-five percent (65%) of
the participant's normal retirement income which has accrued to
the date of death; subject to a minimum of twenty percent (20%) of
the participant's final monthly compensation at the date of death;
01." to a designated beneficiary or beneficiaries other than the
spouse, until death, a monthly income equal to the actuarial
equivalent of a lifetime benefit payable to the participant in the
amount of sixty-five percent (65%) of the participant's normal
retirement income which has accrued to the date of death: plus
c. For each child of the participant
until he or she attains Gha~Qached the age of eighteen (18)
years.L.. and for each child from age 18 until age 22 who is a full-
time student in an accredited school, there shall be payable an
additional monthly income of seven a_nd one-half percelJt (7.5%) +-
~ of the participant's final monthly compensation. The maximum
monthly income for the spouse and children combined shall not
exceed fifty percent (50%) of the participant I s final monthly
compensation at the date of death. A I.r-h~ nonstudent4 child' s
monthly income shall terminate effective on the first day of the
month next preceding the oa~lier of the Child's death, marriage,
or the attainment of age 18. whichever occurs first; the monthly
income of a child who is a full-time student shall terminate on the
first day of the month next preceding the Qarl~~r~ the child's
death, marriage, or the attainment of age 22. vhichever occurs
first. L~ly adopted children shall be eligible for a monthly
income in the same manner as biological natural children.
1Ql The minimum death benefit payable to the
designated beneficiary or beneficiaries under division (D) (2) of
this section shall be an amount equal to the death benefit that
would have been payable under the terms of the superseded plan
based on the assumption that the employee had died on the effective
date of this section. In the event more than one beneficiary is
designated by the participant, the death benefits provided herein
shall be equally apportioned among the beneficiaries.
~ _ For--the pu.rpocQ of thic plan "SPQUSEJI.
shall mean the-J.a~l uife or hucbanG.-of the QlllpJ.-Qyee at t.ho time
~~e~~ement and-dQath of ~~
(180 Code, Sec. 18-113) (Am. Ord. No. 82-79, passed 12/10/79: Am.
Ord. No. 67-84, passed 9/25/84: Am. Ord. No. 103-87, passed
12/22/87)
(Revisod: 11/16/93)
25
"
(~~) Optional forms of retirement income.
(1) In lieu of the amount and form of retirement income
payable in the event of normal retirement, early retirement, or
termination of service as specified in divisions ~ (B), fG+ and
LQl+E+(l) of this section, a participant, or a terminated
participant ~ ac dofinod in divieion (E) (1) of thic coction,
upon written request to the Committee submitted pr1.or to the
receipt of retirement income or benefits under the plan, aM
eubmi88ion of ovidonce of good health (oxcopt that tho ovidenco
\.'ill not be roquirod if tho requo8t i8 made at loaet one yoar prior
to tho dato of commencoment of rotiromont incomo, or by the firet
day of tho cixth month follmdng tho dato ac of \.'hich tho formal
announcoment of tho plan ic made to tho omployooe of tho city, if
on tho effoctivo date of thic 8oction, lecc than one yoar romaine
prior to tho participant'c anticipated retiromont dato) and subject
to the approval of the Committee, may elect to receive a retirement
1.ncome or benefit commencing on the date specified 1.n divisions
~ (B), +G+ and iQl+E+(l) of this section, whichever is
applicable, of equivalent actuarial value payable 1.n accordance
with one of the following options:
(a) Option 1. A retirement income of a modified
monthly amount, payable to the participant for ~ life~, except
that in the event the participant dies before receivinq ho hae
rocoivod retirement income bonefitc for a period of ten years, the
same monthly benefit will be paid to the beneficiary designated by
the participant for the balance of the ten-year period.
___ (b) Option 2.
-.
---
1. A retirement income of a modified monthly
amount payable to the participant during the joint lifetime of the
participant and a desiqnated joint pensioner docignated by him, and
following the death of either of them, two-thirds of the monthly
amount payable to the survivor for the lifetime of the survivor.
The joint pen8ioner decignated by a participant in accordance \.'ith
thic optionehall be either:
a. The cpoYce of tho participant or
b. ^ny other percon.
~ The monthly income payable under this
option to the participant and a joint pensioner decignatod undor
divieion (F) (1) (b)l.b. of thic cQction, shall not be less than the
monthly income that would be payable under a payments certain to
age 85 years and life thereafter form.
(c) Option 3. Any other amount and form of
retirement income paymontc or benefits that as, in the opinion of
the Retirement Committee, will best meet the circumstances of the
26
,
participant. However, if the form is other than a joint and
survivor form of retirement income paymentc or benefits, the
monthly income payable to a participant under that form shall not
be less than the monthly income that would be payable under a
payments certain to age 85 years and life thereafter form.
ill A participant. upon electinq any option under this
section. shall desiqnate the i oint pens ioner or beneficiary to
receive the benefit. if any, payable under the plan in the event
of the participant's death. on a form provided by the Committee.
The participant may revoke or chanqe the desiqnation of a ioint
pensioner or beneficiary at any time prior to the commencement of
retirement income or benefits. by submittinq such chanqe in writinq
on a form provided by the Committee. A participant may also chanqe
the desiqnation of a i oint pensioner or beneficiary after the
commencement of retirement income or benefits, subiect to approval
by the Committee, and in accordance with the followinq:
~ The participant must pay the full
cost of determininq the equivalent actuarial value of the benefit
payable.
!h The consent of a participant's ioint
pensioner or beneficiary to any chanqe in such desiqnation shall
not be required.
~ The amount of retirement income
payable to the participant upon the designation of a new ioint
pensioner shall be actuariallY redetermined. takinq into account
the benefi~lreadY received by the participant. and the aqe and
sex of the former ioint pensioner. the new ioint pensioner and the
participant.
~ Each desiqnation of a ioint pensioner
or beneficiary shall be made in writinq on a form provided by the
Committee.
~ In the event that no desiqnated
beneficiary survives the participant, the benefits payable in the
event of the participant's death subsequent to retirement shall be
paid as provided in Sec. 35.100lA) of this subchapter.
(J) The participant, upon electing any option of thie
coction, ,Jill dociqnato tho joint pencionor or bonoficiary to
rocoive tho bonofit, if any, payable under tho plan in tho ovont
of hie death and uill ha~/e tho pmmr to change tho deeign::ltion from.
timo to timo, but any chanqo chall bo doomed a neu election and
will be cubjoct to approval by tho Committeo.
(a) Tho decignation viII namo a joint poncionor or
one or more primary benoficiarioc '.!hore applicable. If a
participant hac olocted an option \lith a joint poncionor or
27
'.
beneficiary and hie retirement incomo bonefite havo commencod, he
may thereafter change hie deeignated joint peneioner or beneficiary
but only if tho Committeo coneente to tho chango and, in the cace
\Jhere the dm:ignation to be changed ie one in,.rolving a joint
pensioner, if the joint peneioner lact prc'liously decignated by him
1C alivc \.'hen he filee \:i th tho Committee hie request for that
change.
(b) Tho consent of a participant's joint pencioner
or beneficiary to any change shall not be required. Tho Committoo
may roqueet evidence of the good health of the joint pencioner that
ic being removed ac it may require, and the amount of ret.iromont
incomo payable to the participant upon the decignation of a no'....
joint poncionor chall bo actuarially rodetorminod, taking into
account tho ago, and cox of the formor joint peneionor, tho no\.'
joint poncionor and the participant. Each decignation uill bo mado
in \Jr it ing . on a form prepared by the Committee.
(c) In tho ovent that no docignated boneficiary
curvivec tho participant, tho bonefite as are payablo in t.he event
of tho death of tho participant eubeoquont to hie retircment chall
bo paid ac provided in Sec. 35.100(A) of thic cubchapter.
(3) Retirement income payments will be made under the
option elected in accordance with the provisions of this division
and will be subject to the following limitations:
(a) If a participant dies prior to his retirement
under the plan, or if a terminated participant dies prior to the
commencem~of hie paymente at hie normal retirement income ~,
no benefit ill be payable under the option to any person, but
benefits will be payable as provided in division (QE) of this
sec~ion.
(b) If a DarticiDant's ~ designated beneficiary
or joint pensioner dies before the participant's retirement under
the plan.L.. or subeoqYent to a torminatod participant'e date of
tormination of eervice but prior to hie normal retirement date, the
option elected will be cancelled automatically and a retirement
income in ~ the normal form and amount will be payable to the
participant upon h4G retirement or to tho terminated participant
at hie normal retirement date as if the election had not been made,
unless a new election is made in accordance with the provisions of
this section.L.. or unless a new beneficiary or joint pensioner is
designated by the participant prior to ~ retirement or by the
terminated participant prior to hie, normal retirement date and
\.'ithin ninety (90) daye after tho do~th of tho prior beneficiary
or joint peneioner.
( c) If both the participant and desiqnated :t.ae
beneficiary deeignatod by him die after the date .t.ha-t.. the
participant's retirement income commences under the plan, but
28
,
before the full actuarial value of benefits under paymant hac baen
affactad undar any option proyiding for paymanb:: for a poriod
certain and lifo tharoaftor, made pur~uant to the provisions of
division (~~) (1) (a) or (c) has been received, the Committee may,
in its discretion, direct that the commuted value of the remaining
payments be paid in a lump sum and in accordance with Sec.
35.100(B).
('80 Code, Sec. 18-114)
(KG) Lump-sum payment of small retirement lncome.
Notwithstanding any provision of the plan to the contrary, if the
monthly retirement lncome payable to any person entitled to any
benefit hereunder is less than $50 ac of the date of hie retirement
or termination of cervice, uhichever ic applicable, the Retirement
Committee may, in the exercise of its discretion, specify that the
actuarial equivalent of the retirement income be paid in a lump sum
or in monthly installments for a period certain of not more than
sixty (60) months.
('80 Code, Sec. 18-115) (Am. Ord. No. 67-84, passed 9/25/84)
(~H) Limitation on payment of retirement incoma.
Notwi thE:tanding the fact that the monthly retiremcmt income iE:
payable for life, if any percon receiving a monthly rotiromont
income chould receive or become entitlad to rocei~o any
compencation for perconal corvicoc currontly porformod under
cubstantially full time continuou~ employmont by tho city at tho
rogular compencation, tho monthly retiromont incomo chall oea~o
during th~eriod for uhich tho compon~ation i~ payablo. Thic
monthly rillromant income chall, hmlOYOr, be rocumed again at tho
~amo rate ~hon the compencation thereafter cea~ec to DO payable.
('~O Code, Sec. 18 116)
(H~) Termination of city employment corvice for dishonesty.
(1) If a participant's city employment service is
terminated because of dishonest conduct injurious to the city, or
if dishonest conduct injurious to the city committed by a
participant is determined by the city during the lifetime of the
participant but within one year after ~ service with the city is
terminated or within one year after ~ retirement under the plan,
the Retirement Committee, upon notice from the Commiccion, may
terminate a participant's interest and benefits under the plan and
trust fund.
(2) The dishonest conduct injurious to the city
committed by a participant shall be determined and decided by the
Committee only after a full investigation of the alleged dishonest
conduct and an opportunity has been given the participant to appear
before the Committee to present testimony and evidence. hi~ ca~e.
29
.
'.
,
The Committee or the City Manaqer may conduct an investiqation
pursuant to this section. The decision made by the Committee in
those cases shall be final and binding on all participants or other
persons affected by the decision.
('80 Code, Sec. 18-117)
(~J) Funding of benefits through purchase of life lnsurance
contract or contracts.
(1) In lieu of paying benefits from the trust fund to
a participant or his beneficiary, and upon direction of the
Retirement CommitteeT with specific prior authorization by the
ci ty, the trustee shall purchase, with funds in the trust, an
individual retirement income or retirement annuity contract from
an insurance company which, as far as possible, provides benefits
equal to (or actuarially equivalent to) those provided in the plan
for that participant or beneficiary, whereupon the contract shall
thereafter govern the payment of the amount of benefit, if any,
represented by that contract which is payable under the plan upon
the participant's normal retirement, early retirement, death, or
termination of service, and the liability of the trust fund and of
the plan will cease and terminate with respect to those benefits
that are purchased and for which the premiums are duly paid. The
individual retirement income or retirement annuity contract may be
purchased by the trustee on a single-premium basis or on the basis
of annual premiums payable over a period of years, as directed by
the Committee and as agreed upon by the insurance company; the
individual retirement income or retirement annuity contract may be
purchased~directed by the Committee, at any timeT onT or afterT
the participant's date of retirement to provide the benefits due
under the plan to the participant or his beneficiary..!..., on, or
aftor, tho data of tho purchaca.
(2) with specific prior authorization by the city, the
Committee may direct the trustee to enter into a contract or
contracts with one or more life insurance companies for the
purchase of retirement annuities, five-year renewable term life
insurance, one-year renewable term life insurance or other form of
life insurance or other benefits, on an individual or group basis,
in a manner and in a form as may be deemed appropriate by the
Committee, as provided for in the plan, and further provided the
insurance benefit will be no greater than 100 times the
participant's anticipated monthly retirement income commencing at
normal retirement date. The amount of the anticipated monthly
retirement income commencing at normal retirement date shall be
computed as for normal retirement ln division (~g) Cl-rl-) of this
section.
(3) The participant's projected final monthly
compensation at normal retirement date shall be determined in
accordance with Sec. 35.089 (E) of this subchapter. di'!icion (1\.) of
30
.
thic cBction, and shall be determined as of the participant's
normal retirement date, based on the assumption that the
participant's rate of monthly compensation as of his date of death
had been continued without change to his normal retirement date.
Specifically, those retirement annuities and other benefits as may
be provided for in the plan may be purchased under one or more
deposit administration type group annuity contracts.
( 4 ) No lnsurance company which may issue any contract
upon the application of the trustee shall be required to take or
permit any action contrary to the provisions of that contract; or
be bound to allow any benefit or privilege to any person interested
ln any contract it has issued which is not provided in the
contract; or be deemed to be a party to this plan for any purpose;
or be responsible for the validity of this plan; or be required to
look into the terms of this plan; or question any act of the
Committee or the trustee hereunder; or be required to see that any
action of the trustee is authorized by this plan. Any issuing
company shall be fully discharged from any and all liability for
any amount paid to the trustee; or ln accordance with its
direction; and no issuing company shall be obligated to see to the
application of any moneys so paid by it. Any issuing company shall
be fully protected in taking or permitting any action on the faith
of any instrument executed by the trustee in its name as trustee,
and shall incur no liability for so doing.
(5) Upon termination of employment, a participant may
receive the retirement income or annuity policies which are being
purchased for him at the date of his termination, in lieu of any
other benel1~which he may be entitled to receive, upon payment to
the trustee-of the difference between the cash value of the
policies and the amount that the participant is entitled to receive
as a benefit upon termination of his service.
('80 Code, Sec. 18-118) (Am. Ord. No. 82-79, passed 12/10/79)
(J:~) Technical provisions required by the Internal Revenue
Code and treasury department regulations.
( 1) Temporary limitations on benefits for the 25
highest-paid employees.
(a) Class restricted. Thic d .Qivision (J:~) (1) of
this section is applicable only to those of the 25 highest-paid
employees of the city, determined whose monthly retirement income
upon normal retirement date would exceed $125. The term "EMPLOYEE"
as used in this division shall include all persons in the
employment of the city who are parti9ipants in the plan and all
other persons in the employment of the city on that date who may
later become participants in the plan.
31
"
(b) Restrictions.
1. Subject only to the specific exceptions
contained in division (~K) (1) of this section~ and notwithstanding
any provisions of the plan to the contrary, the amount of city
contributions which may be used to provide benefits for any
participant to whom ~ division (~K) (1) of this section applies
ic applicable which may be received prior to the end of the ten-
year period that next follows the effective date of the plan shall
not exceed an amount which 1S equal 1n value to (or which is
actuarially equivalent to) the larger of the following amounts:
$20,000; or an amount equal to:
a. Twenty percent (20%) of the
participant's average regular compensation received from the city
for the five years immediately preceding the date of the
determination~ or thn date of terminatian of employment cnrvico or
the normal retirement date, respectively, for a participant whose
service is terminated, who has retired prlor to the H-H; normal
retirement date or who has attained the ~ normal retirement date,
age, whether or not he has retired under the plan, or
b. $10,000, whichever lS smaller~
multiplied by the number of years between the date of the
establishment of the plan and the earliest of: the date of
termination of the plan; the date the benefit of an employee, who
is among the 25 highest paid whose anticipated annual retirement
income exceeds $1,500 becomes payable; or the date of the failure
to meet the full current costs of the plan, in the case of an
employee de~ibed in division (~K) (l)isl(b)l.b. of this section.
2. However, if the full current costs of the
plan have not been met at the end of the ten-year period that next
follows the effective date of the plan, the above restrictions will
continue to apply until the full current costs are funded for the
first time.
(c) Exceptions.
1. The foregoing conditions will not restrict
the payment of the full benefits to a beneficiary after the death
of a participant whose benefits are subject to the provisions of
this division (~l() (1) of this section, if, at the time of the
death, the plan is in full effect and the full current costs
thereof have not been met.
2. The provisions of this division (~K) (1)
of this section will not apply to the retirement income payable in
the normal form or under any optional form which does not provide
a larger monthly income than the income payable for life to any
participant retiring or receiving benefits during any period in
32
.
which the plan is in full effect and the full current costs thereof
have been met.
3. The limitations of this division (~K) (1)
of this section will not apply to the payment of any survivorship
income with respect to any deceased participant or retired
participant who dies prior to the termination of the plan and while
the full current costs thereof have been met.
(d) Future amendment. If the plan is amended so
as to produce a substantial increase in benefits actually payable,
1n the event of the subsequent termination of the plan or the
subsequent discontinuance of contributions, the provisions of this
division (~K) (1) of this section shall be applied to the increase
in benefits under the plan as amended as though the increase were
benefits under a new plan established on the effective date of that
amendment. However, the provisions in dlvision (~K) (1) (b) of this
section that the unrestricted amount of city contributions on
behalf of any employee is at least $20,000 1S applicable to the
aggregate amount contributed by the city on behalf of that employee
from the effective date of the plan, and for the purpose of
determining if the employee's anticipated normal monthly retirement
income produces in excess of $125 per month, both the city
contributions on the employee's behalf prior to the effective date
of the amendment of the plan and those expected to be made on his
behalf subsequent to the effective date of the amendment of the
plan (based on the employee's rate of compensation on the effective
date of that amendment) are to be taken into account.
--- (e) Use of funds after rights of other employees
satisfied:--rn the event of the termination of the plan while the
limitations of this division (~K) (1) of this section are in effect,
that portion of the assets of the trust fund arising from
contributions made by the city with respect to those of its
employees to whom the provisions of this division (~K) (1) of this
section are applicable which is in excess of the limitations set
forth in division (~&)(l)(b) of this section will be apportioned
to its other participants, including its retired participants, in
accordance with the provisions of Sec. 35.10.2.~ of this subchapter;
however, if there be any asset value after the full apportionment
specified in Sec. 35.10.2.'(C) (1) through (5) of this subchapter,
apportionment shall be made in a nondiscriminatory manner, prior
to the apportionment specified in Sec. 35.109(B) (2) 35.10e(C) (e)
of this subchapter with respect to each employee to whom the
provisions of this division (~K) (1) of this section are applicable
in the amount required to provide that portion of the allocation
provided on his behalf under Sec. 35.10.2.~ of this subchapter to
which he is not entitled by reason of the limitations of this
division (~K) (1) of this section, and provided further that, if the
remaining asset value be less than the aggregate of those amounts,
the amounts shall be proportionately reduced as contemplated by
33
"
Sec. 35.10~~ of this subchapter so that the aggregate of those
reduced amounts will be equal to the remaining asset value.
(2) Forfeitures. Forfeitures shall not be used to
increase the benefits that any employee would otherwise receive
under the plan at any time prior to the termination of the plan or
the complete discontinuance of contributions to the plan~ but shall
be anticipated in determining the costs under the plan. Likewise,
any dividends under any contract issued in accordance with division
(~~) of this section shall not be used to increase the benefits
that any employee would otherwise receive under the plan.
(3) Benefits nonforfeitable if plan is terminated or
contributions permanently discontinued. Any provisions of the plan
to the contrary notwithstanding, in the event that the plan is
terminated or contributions to the trust are completely
discontinued, the rights of each participant in the plan to
benefits accrued to the date of termination or discontinuance, to
the extent then funded, shall be nonfdrfeitable and those benefits
shall be determined and distributed as provided in Sec. 35.102B.
('80 Code, Sec. 18-119)
section 35.098 SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM
BENEFITS.
Effective as of January 1, 1993, all employees or
beneficiaries of employees who were receiving benefits under the
plan reti~ prior to January 1, 1991, shall have the monthly
amount of retirement income increased by five percent (5%) over the
gross amount they were receiving in December of 1990. Provided,
however, that all employees and desiqnated beneficiaries who
receive plan benefits that are based on or derived from a
participant's normal retirement income. regardless of the
participant's retirement date~ shall receive benefits based on a
minimum monthly normal retirement income amount of at least $400.
(Ord. No. 48-86, passed 8/12/86; Am. Ord. No. 65-92, passed
12/8/92)
section 35.099 PARTICIPANT TO FURNISH REQUIRED INFORMATION.
(A) Each participant will furnish to the Retirement Committee
such information as the Committee considers necessary or desirable
for the purpose of administering the plan, and the provisions of
the plan respecting any payments thereunder are conditional upon
the participant's furnishing promptly such ~ true, full, and
complete information as the Committee may request.
34
,
(B) Each participant will submit proof of his age (and, in
the case of his election of Sec. 35.097(F)(1)(b) or (c) of this
subchapter, proof of the age of the joint pensioner selected by
him) to the Committee at that time as required by the Committee.
The Committee \:ill, i ~f the proof of age is not submitted ~
participant as required, the Committee may defer action on the
participant's request for retirement benefits or reI v on other
available information to determine aqe. uce ac conclucive evidence
thereof, that information ac ic deemed by it to be reI iable ,
regardlecc of the cource of the information. Any adj ustment
required by reason of lack of proof or misstatement of the age of
persons entitled to benefits hereunder, by the participant or
otherwise, will be in a manner as the Committee deems equitable.
(C) Any notice or information which, according to the terms
of the plan or the rules of the Committee, must be filed with the
Committee shall be deemed so filed if addressed and either
delivered ln person or mailed to the Committee, ln care of the
city.
('80 Code, Sec. 18-130)
section 35.100 BENEFICIARIES; CONTINGENCIES.
(A) (1) If a participant dies without havinq desiqnated a
ioint pensioner or beneficiary in accordance with Sec.
35.097(E) (2). or if the ioint pensioner or beneficiary desiqnated
Each participant may, on a form pro~idGd for that purpoco, ciqnod
and filGd~h tho RotirGmGnt CommittGB, dGcignato a bGnoficiary
to rGcoi~G thG bGnGfit, if any, \Jhich may bG payabla, in thG ovant
of hi~ dGath, purcuant to thG provicion~ of SGC. J9~097(~E) or (EF)
of thic ~ubchaptor, and oach docignation may be rovokGd by tho
participant by ciqninq and filin~ \;ith tho Committoo a naw
doci~nation of bonoficiary form. If a decGacGd participant failod
to namo a banoficiary in tho mannor abovo prGccribGd or if tho
banoficiary namod by a deceased participant predeceases the
participant, the death benefit, if any, which may be payable under
the plan with respect to the deceased participant may be paid, in
the discretion of the Committee, either to:
(a) Anyone or more of the persons comprising the
group consisting of the participant's spouse, the participant's
descendants, the participant's parents, or the participant's heirs-
at-law, and the Committee may pay the entire benefit to any member
of that group or apportion the benefit among any two or more of
them in those shares as the Committee, in its sole discretion,
shall determine; or
(b) The estate of the deceased participant.
35
'.
(2) HmlOver, in any of thoee caeoe, t The COlnnli ttee, in
its sole discretion, may direct that the commuted value of the
remaining monthly income payments be paid in a lump sum.
(3) Any payment made to any person pursuant to the power
and discretion conferred upon the Committee by the provisions of
this section shall operate as a complete discharge of all
obligations under the plan with respect to the deceased participant
and shall not bo cubjoct to roviO'..' by anyono but chall be final,
binding, and conclusive on all persons ever interested hereunder.
('80 Code, Sec. 18-131)
(B) (1) In the event of the death of a beneficiary who
survives the participant and who, at the beneficiary's death, is
receiving benefits under Sec. 35.097(QE) or (&F) of this subchapter
for a specified period of time (not the lifetime of the
beneficiary). within tho ton-yoar (or other) poriod vith rocpoct
to \Jhich doath bonofi tc are payable' under tho plan aftor tho
participant'c doath, the same amount of monthly retirement lncome
which the beneficiary was recelvlng shall be payable for the
remainder of the specified cuch ten-year (or othor) period to a
person designated by the participant to receive the remaining death
benefits, if any, payable in the event of a contingency or, if no
person was so named, then to a person designated by the beneficiary
of the deceased participant to receive the remaining death
benefits, if any, payable in the event of the contingency.
However, if no person so des igna ted is 1 i v ing at the time the
beneficiary dies. upon the occurronco of the contingency, then the
remaining__~th benefits, if any, shall be payable for the
remainder of the specified cuch applicable ton-yoar (or other)
period, at ~ the discretion of the Committee, either to:
(a) Allor anyone or more of the persons
comprising the group consisting of the participant's spouse, the
beneficiary's spouse, the participant's descendants, the bene-
ficiary's descendants, the participant's parents, the beneficiary's
parents, the participant's heirs-at-Iaw, or the beneficiary's
heirs-at-Iawi or
(b) The estate of the deceased beneficiary~+
provided further, that in any of thoee caeee tho Committee may, in
ite diecretion direct that the commutod valuo of the monthly
retirement inoome paymente due for the romaindor of the applicable
ton-year (or other) period bo paid in a lump cum.
(2) Whenever the Committee exercises its discretion to
effect the payment of death benefits upon the death of a
participant's desiqnated beneficiary. the Committee may direct that
the commuted value of the monthly retirement income payments due
for the remainder of the specified period be paid in a lump sum.
Any payments made to any person pursuant to the power and
36
.
discretion conferred upon the Committee by the provisions of this
section shall operate as a complete discharge of all obligations
under the plan with respect to the deceased beneficiary and shall
not be cubj act to revim.r by anyone but chall be final, binding, and
conclusive on all persons ever interested hereunder.
('80 Code, Sec. 18-132)
section 35.101 BENEFITS NONASSIGNABLE.
(A) No benefits, rights or accounts shall exist under the
plan which are subject in any manner to voluntary or involuntary
anticipation, alienation, sale, transfer, assignment, pledge,
encumbrance, or charge and any attempt so to anticipate, alienate,
transfer, asslgn, pledge, encumber or charge the same shall be
void; nor shall any benefit, right, or account be in any manner
liable for or subject to the debts, contracts, liabilities,
engagements, torts, or other obligations of the person entitled to
that benefit, right or account, except as specifically provided in
the plan; nor shall any benefit, right or account under the plan
constitute an asset in case of the bankruptcy, receivership, or
divorce of any person entitled under the plan.
(B) If a partici;>ant or any other person entitled to benefits
under the plan becomes bankrupt or makes an assignment for the
benefit of creditors or in any way suffers a lien or judgment
against his personal assets, or in any way attempts to anticipate,
alienate, sell, assign, pledge, encumber, or charge a benefit,
right or ~~unt, except as specifically provided in the plan, then
that benefit, right or account in the discretion of the Committee
may cease and terminate; and in that event the trustee shall, at
the direction of the Retirement committee, hold or apply funds
equal in value to that terminated account in the interest of the
participant. This shall include not only distributions directly
to the participant at the Committee's discretion but to or for the
benefit of the participant's spouse, children, or other dependents
where the Committee determines this to be appropriate. neceeeary
for the participant to diecharge hie duty of eupport to thoea
poreone, tho dietribution to be in a mannar and in a proportion ae
the Committee ehall determina. (See Sec. 35.102(A)1ll~ through
1..ll -f4+ of this subchapter for permissible methods of
distribution. )
('80 Code, Sec. 18-134)
section 35.102 BENEFITS PAYABLE TO MINORS AND INCOMPETENTS.
(A) Whenever any person entitled to benefits paymentc under
this plan is chall be a minor or leqallv incompetent. under other
legal dieability or in the cole judgment of the' Retiroment
37
.,
Committoo ~hall othonii~o bo unable to apply thg~o paymont~ to hi~
mm bo~t intoro~t and aaTfantaqo (a~ in tho ca~o of illno~E:, whothor
mental or phy~ical, or whoro tho por~on not undor 109al di~ability
ie unablo to pro~orvo hie o~tato for hi~ mm bo~t interoct), the
Committee may, in the exercise of its discretion, direct all or any
portion of those payments to be made in anyone or more of the
following ways~ unlocc claim chall have been made thorefor by an
exicting and duly appointod guardian, concervator, committoo or
other duly appointed legal reprecontativo, in \Jhich ovont payment
shall bo m3do to tho roprocentative:
(1) To the parent, lawfullY appointed leqal quardian,
or legal representative of the person entitled to benefits under
the plan; Directly to that porcon unlocc tho porcon chall be a
minor or shall havo boen logally adjudicated incompotent at tho
time of tho payment;
(2) To the spouse, child, parent or other blood relative
to be expended on behalf of the person entitled to benefits under
the plan or that person I s on bohalf of thoce dependents1. ac to ',.'hom
tho percon ontitled hac tho duty of cupport;
(3) To a recognized charity or non-profit orqanization
to be expended for the benefit of the person entitled to benefits
under the plan or that person's for the benefit of thoca
dependents..!., ac to uhom. the pore on ha~ tho duty of ~upport; or
(4) By tho Committoo itcelf rocoivin9 tho oxpending or
diroctin9 tho oxponditure of tho ~amo for the benefit of the percon
enti tIed ~ -..for the bonefi t of tho~o dopondent~ a~ to \.'hom tho
per~on hast-he duty of cupport.
(B) The decision of the Conunittee will, in each case, be
final and binding upon all persons..!., and, except in the ca~e of
divi~ion (A) (4) of thic section, the Committee ~Rall not be obliged
to ~ee to the propor application or oxpendituro of any paymentc co
made. Any payment made pursuant to the power herein conferred upon
the Committee shall operate as a complete discharge of the
obligations of the trustee and of the Committee.
('80 Code, Sec. 18-135)
section 35.103 ABANDONMENT OF BENEFITS.
(A) EaGR All participant2 and ~ other person2 entitled to
plan benefits horounder shall keep filo ~:ith the Retirement
Committee informed of their current mailinq address at all times.
All chanqes of address shall be promptly submitted in writinq to
the Committee. All checks and correspondence will be sent to the
current address on file with the Committee. from timo to timo, in
uriting, his poet office addrecc and each change of po~t offico
38
,
addreE:E:, and any check repreE:entinCJ payment hereunder and any
communication addrocced to a participant, a former participant, a
beneficiary or a pencioner hereunder at hiE: laE:t addreE:E: filed 'iidth
tho COTRmi tteo (or, if no addrocE: hac been filod, then at hiE: laE:t
addreE:c ac indicated on the recordc of tho city) E:hall be bindinCJ
on that pen::on for all purpoceE: of tho plan, and n !!either the
Committee nor the trustee shall be obliged to search for or
ascertain the location of any person.
( B) If the Committee, for any reason, is in doubt as to
whether retirement income payments are being received by the person
entitled thereto, it shall, by registered mail addressed to the
person concerned at the l=H:-& address last known to the Committee,
notify the person that:
( 1) Ail unmailed and future retirement income payments
shall be nenceforth withheld until the person he provides the
Committee ~ evidence of l=H:-& continued life and/or correct and
hic propor mailing address; and
( 2 ) A participant's ~ right to receive any retirement
income ~ uhatcocvcr chall, at the option of the Committee, be
cancelled forever if the participant does not respond or otherwise
contact the Committee within three ( 3 ) years followinq the date
payments are withheld pursuant to division (B) (1) of this section'T
at the expiration of three yearc from the data of tho mailinCJ, he
chall not have provided the Cmami ttoe li/ith e~Jidence gf hiE:
continued lifo and hiE: proper mailinCJ addreE:E:.
caticfact~~toU~~ l~:;i~~~~~;n~~~~:fp:~:~~'r~~:~:vt~~~:
payable under any pro'JiE:ion of the plan lid 11 bo paid to hiE:
decignatod beneficiary. If, hOli:ovor, no docignated beneficiary iE:
recorded ,;:i th tho Committee, it will be paid firE:t to hiE: E:pOUE:e,
if living, and if not, to hiE: E:urviving children in equal E:haroc.
('80 Code, Sec. 18-137)
section 35.104 CONDITIONS OF EMPLOYMENT NOT AFFECTED BY PLAN.
The establishment and maintenance of the plan will not be
construed as conferring any legal rights upon any participant to
the continuation of his employment with the city, nor will the plan
interfere with the rights of the city to disciplinel layoff, or
discharge any participant.
('80 Code, Sec. 18-136)
39
..
section 35.105 ADMINISTRATION BY RETIREMENT COMMITTEE.
(A) (1) The plan will be administered by the Retirement
Committee (herein referred to as the Committee) appointed by the
city commission, consisting of a chairperson and at leact one but
not more than four additional members~, a cingle individual, or a
corporate tructee. Where the Committee concictc of one or more
individualc, 0 ~ach member may, but need not, be an official or
employee of the city, and each member, or the corporate tructoo
celected to act ac the Committee, shall be appointed by the city
Commission to serve until g his successor is shall be appointed in
like manner.
(2) Where the Committee ic a corporate tructoo \..hich at
the came time ic cerving ac tructoo of tho plan, tho corporate
tructee chall function ceparately in itc tuo capacitiec incofar 3S
the plan and truct are concerned; ac tho -Committoo it may deal \Iith
itcelf ac tructee and ac tructee it may deal with itcolf ac the
Committee, and the recordc maintainod by that corporate tructee
for the purpocec of the plan and trUf::t chall chm.. clearly the
capaci ty in \Jhich cuch corporate tructee ic acting in any action
taken by it.
(3) An individual member of the Committee may resign by
delivering his written resignation to the City commission and to
the other members of the Committee. A corporato tructoo corving
ac the Committee may recign from that gapaci~y sy Qolivoring itc
uritten recignation to tho Commiscion. The city Commission may
remove an individual member of the Committee by so notifying the
member an~~her Committee members, if any, in writing~ and may
romove a corJporato tructoo cerving ac the Committeo by co notifying
that corporate tructee in \..ritinq. Whoro the COlRlllittoo concictc
of one or morc individualc, v yacancies on the Committee shall be
filled by action of the City Commission aDDointment.
('80 Code, Sec. 18-148)
(B) The Committee may appoint a secretary who may, but need
not, be a member of the Committee. The city Commiccion shall
employ or retain any agents, clerical and other services, legal
counsel, accountants, investment counselors, and ~ actuaries, as
may be required to administer for tho purpoco of administoring the
plan.
('80 Code, Sec. 18-149)
(C) Action by Committee.
(1) A majority of the members of the Committee shall
constitute a quorum for the transaction of business and shall have
full power to act hereunder.
40
,
(2) Committee meetinqs shall be noticed and open to the
public. Meetinqs shall be conducted in accordance with rules
adopted by the Committee. or by Roberts Rules of Order if the
Committee has not adopted rules. 2\ny \:ritton momorandum cigned by
tho cocrotary or any mombor of tho Committoe vho hac boon
authorizod to act on bohalf of tho Committoo chall havo tho came
forco and offoct ac a formal rocolution adoptod in open meoting.
Minutes of all meetings of the Committee and a record of any action
taken by the Committee shall be kept ln written form and such
record shall be kept by the secretary appointed by the Committee.
Official Committee action shall be by maiority vote of a quorum of
the Committee.
(3) The Committee shall give to the trustee, any order,
direction, consent, or advice, required under the terms of the
trust agreement, and the trustee shall be entitled to rely on any
instrument delivered to it and signed by the secretary or any
authorized member of the Committee as evidencing the action of the
Committee.
(4) A member of the Committee may not vote or decide
upon any matter relating solely to that member. himcolf or vote in
any case in which the member's ~ individual right or claim to any
benefit under the plan is particularly involved. If, in any caco
in "hich an indh'idual ~ Committee member 1S required to abstain
and the remaininq members of the Committee are unable to decide the
matter. co dicqualifiod to act, tho romaining memborc cannot agreo,
~ the City commission may ~ appoint a temporary substitute
member to the Committee. exorcico all of the pO~lerc of a qualified
momber cone~ning tho mattor in uhich tho dicqualifiod member ic
not qualified to act.
('80 Code, Sec. 18-150)
(D) The Committee shall have the authority to make those
rules and regulations and to take any action as may be necessary
to carry out the provisions of the plan and will, subject to the
provisions of the plan, decide any questions arising in the
administration, interpretation, and application of the plan, which
decisions shall be conclusive and binding on all parties. The
Committee may delegate administrative. clerical. professional and
other plan-related functions any part of itc authority and dutioc
as it deems necessary and prudent. expodient.
('80 Code, Sec. 18-151)
(E) In order to effectuate the purposes of the plan, the
Committee shall have the power to construe the plan, to supply any.
omissions therein, to reconcile and correct any errors or
inconsistencies, and to make equitable adjustments for any mistakes
or errors made in the administration of the plan. All actionc or
41
"
. ,
dotorminatione mado by tho Committoo in sood faith ehall not bo
cubjoct to roviou by anyono.
('80 Code, Sec. 18-152)
(F) No member of the Committee shall be liable for any loss
unless resulting from that member's hie mm fraud or will ful
misconduct, and no member shall be personally liable upon or with
respect to, any agreement, act, transaction, or omission made ln
qood faith executod, committed, or eufforod to bo committed by
himeolf as a member of the Committee~ or by any other mombor, No
member of the Committee shall be liable for the actions of other
members, or the actions of any agent, representative, or employee
of the Committee. The Committee and any individual member of the
Committee and any agent thereof shall be entitled to rely on fully
protected in rolying upon the advice of the follo~ing professional
consultants and GF advisors employed or retained by the city,
includinq but not limited to attorneys, accountants, investment
advisors and actuaries. Commieeion: ^ny attorney incofar ac logal
matterc arc ccncerned, any accountant incofar ac accounting matterc
arc concorned, any inveetmont counsolor insofar ac inveetment
matter~ aro concorned, and any actuary incofar ae actuarial mattorc
are concerned.
('80 Code, Sec. 18-153)
(G) (1) The actuary will do any technical and advisory work
as the city commieeion may request, including analysis of the
experience of the plan from time to time, the preparation of
actuarial ~les for the making of computations thereunder, and the
submission-af an actuarial report as of the anniversary date of the
plan each year to the city and the Committee, which report shall
contain an actuarial valuation showing the financial condition of
the plan, a statement of the contributions to be made by the city
for the ensuing year, and any other information as may be required
by the Committee.
(2) The actuary shall be appointed by the city
commieeion to serve as long as it is agreeable to the city
Commie~ion and the actuary. In computing benefits to which a
participant may be entitled upon early retirement, upon the
exercise of optional forms of retirement income, or upon
termination of the plan, and in all other instances in which
actuarial computations are required, the actuary shall use those
assumptions of mortality and interest rates as were employed in the
most recent actuarial valuation of the plan, or, at the option of
the Committee, those assumptions as are decided upon jointly by the
actuary and the Committee as being reasonable at the time the
calculations are made. The actuarial assumptions and the
computations made therefrom adopted by the Committee shall be
conclusive and binding on all persons~ tJhome:oovor. Noithar tho
The CommitteeL nor the city and trustee shall not be liable for any
42
,
mistakes or errors in any computations made in good faith~, and tho
tnlE:tee 6:hall not be liable for any mietakm:: or orrore in any
o'.'ont.
('80 Code, Sec. 18-154)
(H) The plan will be construed.L, a.OO enforced and administered
according to the laws of the 6~tateT of Florida. and all provieionE:
of tho plan \Jill bo adminictorod according to tho laTnTc of tho
ctato.
('80 Code, Sec. 18-155)
section 35.1051 CLAIMS PROCEDURE.
~ Claims of Affected Persons.
ill The Committee shall qrant an initial hearinq upon
receipt of a written request ( "Claim"). on matters which affect the
substantial riqhts of any person ( "Claimant") . includinq
participants . active or retired. beneficiaries. or any person
affected by a decision of the Committee.
121 The Committee shall review the Claim at an initial
hearinq and enter an order within sixty (60) days from the date of
receipt of the Claim and, in the case of disability claims, receipt
by the Committee of a completed application and siqned authoriza-
tion for the release of medical records on a form approved by the
Commi ttee.:-- :rhe Comml. ttee may extend the time for enterinq the
order at an~nitial hearinq for an additional fortY-five (4S) days
if it determines such time is necessary for full discovery and
adequate review. The Committee and the Claimant may stipulate to
further extensions of time.
Lal Initial Hearing
l.ll At the initial hearinq, the only evidence to be
considered by the Committee shall be documentary evidence contained
in the Claimant's pension file. includinq but not limited to.
correspondence. medical records and reports of treatinq physicians
and/or examininq physicians and evidence received pursuant to
paraqraph 2.
121 Other than questions from the Committee. there will
be no takinq of additional evidence at the initial hearinq, except
that the Claimant and/or his representative will be afforded
fifteen (IS) minutes to make a presentation. which shall be limited
to comments and/or arquments as to the evidence or information
alreadY contained in the Claimant's pension file. includinq the
report of the examininq physician.
43
'I
.
ill Upon completion of the review of the Claim at the
initial hearinq. the Committee shall enter an order settinq forth
its findinqs and conclusions on the Claim. The written order shall
be provided to the Claimant. The order shall include:
~ The specific findinqs and conclusions of the
Committee. including specific references to pertinent provisions
of the System on which such conclusions are based;
i.Q.l A description of any additional material or
information that the Committee may deem necessary for the Claimant
to perfect his Claim. toqether with the reasons why such material
or information is necessary; and
lsU- An explanation of the Claimant's riqht to a
full hearinq on the Claim and the time limit in which a full
hearing must be requested in writinq.
l.tl The decision of the Committee at the initial hearinq
shall not be final until after the time has expired to request a
full hearinq or. if a full hearinq is requested. until the
Committee makes a decision at the conclusion of the full hearinq.
~ Full Hearinq
ill Any Claimant may request a full hearinq on the
issues presented to the Committee at an initial hearina and upon
which the Committee has entered an order as provided in subsection
(B). ~araqraph (3). of this section.
~. .
A full hear1nq must be requested bY the Cla1mant
within thirty (30) days of the receipt of the Committee's order.
The order will be deemed received three (3) days followinq the date
it is mailed to Claimant at the address provided to the Committee
by Claimant.
ill Upon receipt of the reauest for a full hearinq and
considerinq the amount of discovery which miqht be conducted. the
Committee shall establish a date for the full hearinq and cause
notice to be aiven to the Claimant. The full hearina shall be held
within ninety (90) days from the receipt of the request from the
member. The full hearing may be postponed. if necessarY and with
the consent of the Claimant. to permit full discoverY of the facts.
~ Copies of all documents to be offered into evidence
at the full hearina. includina depositions. and a complete witness
list with names and addresses of witnesses expected to be called.
shall be furnished to the Committee bv the Claimant at least twenty
(20) days prior to the full hearinq. Documents not furnished to
the Committee within the prescribed time limit may be excluded from
evidence at the full hearinq if a reasonable explanation is not
provided for the delay in providinq the documents.
44
.
121 A Claimant or the Committee may obtain discovery by
deposition and/or interroqatories ?rior to the full hearinq.
Written notice of any depositions and/or interroqatories shall be
given to the Committee and the Claimant.
lQl The costs of any discovery. except discovery
requested by the Committee. the appearance of witnesses at the
hearinq. and the makinq of a verbatim record of the proceedinqs
shall be the responsibility of the Claimant.
12l The Claimant shall be responsible for the appearance
of any witnesses called to testify by the Claimant at the hearinq.
~ Testimony at the full hearinq may be submitted in
the form of a deposition. Since it will qive the Committee more
time for review and consideration. the Committee prefers that
testimony be submitted by deposition. Depositions timely submitted
will be part of the record before the Committee at the full hearinq
and will not be read in totality at the full hearinq; provided,
however. that this does not preclude the Claimant or the Committee
from readinq parts of depositions at the full hearinq.
i2l Irrelevant and unduly repetitious evidence shall be
excluded.
~ The file maintained by the Committee. includinq but
not limited to various medical reports therein. is part of the
record before the Committee at the full hearinq.
~ All proceedinqs of the Committee shall be conducted
in public.
1.!ll In cases concerninq an application for pension
benefi ts. includinq applications for disabil i ty retirement
benefits. the burden of Droof. except as provided by law. shall be
on the member seekinq to show entitlement to such benefits.
i1dl In cases concerninq termination of pension benefits
includinq re-examination of members receivinq disability retirement
benefits. the burden of Droof shall be on the Committee.
l1!l ExceDt as to those records which are exempted from
the Drovisions of ChaDter 119. Florida Statutes. Florida's Public
Record Law. records maintained by the Committee are open for
inspection and/or cODyinq durinq normal business hours at a
reasonable cost for the copyinq.
l.!.a Should a Claimant requestinq an initial or full
hearinq decide to aDDeal any decision made by the Board. with
respect to any matter considered at such hearinq. the Claimant
requestinq an initial or full hearinq will need a record of the
proceedinqs and may need to assure that a verbatim record of the
45
"
proceedinq is made. The Claimant reauestinq an initial or full
hearinq will be responsible for obtaininq a court reporter or
otherwise makinq a record of the proceedinq before the Committee.
~ The decisions of the Committee after the requested
full hearinq shall be final and bindinq.
i12l Within fifteen (15) days after makinq a decision at
the full hearinq, the Committee shall enter a final order settinq
forth its findinqs and conclusions and a copy of the order shall
be provided to the Claimant.
~ Judicial review of decisions of the Committee shall
be souqht by the filinq of a timely petition for writ of certiorari
with the Appellate Division of the Circuit Court for Palm Beach
County.
lQl Conduct of the Full Hearinq.
~ The Committee Chairman shall preside over the
hearinq and shall rule on all evidentiary, procedural, and other
leqal questions that arise durinq the hearinq. The Chairman I s
rulinqs shall stand unless overruled by all other members present.
The Chairman shall open the full hearinq by explaininq the
procedures to be followed.
lZl The Claimant shall have the riqht to be represented
by counselor be self-represented. The city Attorney shall advise
the Committee.
~ The Claimant shall be allowed to make an openinq
statement not to exceed ten (10) minutes.
.ill Testimony of witnesses shall be under oath or
affirmation. Depositions or affidavits shall be admissible if
aqreed upon by the Claimant and the Committee or the City Attorney.
L2l The Chairman, any member, the city Attorney. the
Claimant or the Claimant's counsel, upon recoqnition by the
Chairman, may direct auestions to any witness durinq the
proceedinqs.
l&l The Claimant and the city Attorney shall have the
riqht to present evidence relevant to the issues, to cross examine
wi tnesses , to impeach witnesses and to respond to the ev idence
presented.
iZl The Claimant shall be permitted a closinq arqument
not to exceed fifteen (15) minutes.
46
.
~ The Committee shall deliberate and reach a decision
followina closina arqument. and thereafter enter a written order
as provided herein.
lEl Disability Claims -- Additional Procedures
~ All applications for disability pensions shall be
in writina. Forms for such applications may be provided by the
Committee. The disability Claimant shall also be required to
submit a completed authorization for release of medical records on
a form provided by the Committee.
ill Upon receipt of the properly completed application
and authorization for release of medical records. the Committee
may reauest medical records from all relevant treatinq physicians.
personnel records from the employer. COPles of relevant workers'
compensation records. and copies of other records deemed to be
relevant to the Claim. The Committee shall pay the cost of any
medical examinations required by the Committee and for copies of
medical records.
ldl Upon the Committee's receipt of all requested
medical records concerninq the Claimant. an independent medical
examination lIME) may be scheduled with an appropriate physician
who will be asked to render an opinion about the Claimant's medical
condition as it relates to the claimed disability.
~ Upon receipt of the IME report from the examinina
physician. the City Attorney will provide all records of treatina
phvsiciansZ--;-elevant workers' compensation claims records. the
independent-medical evaluation. and all other relevant documents
to the Committee for inclusion in the Claimant's pension file. and
the Committee shall then schedule the initial hearina.
section 35.106 TRUST FUND AND TRUSTEE.
(A) For the purpose of this section, a "TRUSTEE" shall mean
the trustee appoint.ed by the city to administer the Trust Fund
created for the purposes of the plan or any other trustee as the
city may designate from time to time.
('80 Code, Sec. 18-166)
(B) A Trust Fund will be created and maintained for the
purpose of the plan, and Trust Fund assets shall tha monoy~ thoreof
~ be invested in accordance with investment policies adopted by
the Committee or the trustee. with the Committee's approval. ~
torm~ of tho agreeiRont and declaration of truct ,!hich forme ;J. part
of tho plan. All contributions will be paid into the Trust Fund,
47
.,
and all plan benefits under the plan will be paid from the Trust
Fund.
('80 Code, Sec. 18-167)
(C) Any person having any claim under the plan will look
solely to the assets of the Trust Fund for satisfaction. In no
event will the city or any of its officials, employees,
Commissioners, or agents be liable in their individual capacities
to any person whomsoever, under the provisions of the plan or of
the trust agreement.
('80 Code, Sec. 18-168)
(D) The Trust Fund will be used and applied only in
accordance with the provisions of the plan, to provide the benefits
thereof, and no part of the corpus or income of the Trust Fund will
be used for, or diverted to, purposes other than for the exclusive
benefit of participants and other persons thoroundor entitled to
plan benefits, except to the extent provided in Sec. 35.096 and
division (E) of this section with respect to expenses of
administration and termination of the plan, respectively.
('80 Code, Sec. 18-169)
(E) Upon tormination of tho plan for any roacon, or upon
writton notico to tho tructoe that contributiong thoreuRder are
boing pormanontly diecontinuod, or upon diecontinuation of
contributione for other than a tamporary period, the Trugt Fund
chall be ~ortioned and dh:tributod in accordance lIdth the
. -~
followlng p ceduro:
( 1 l Tho Rotiromont Commi ttoo, undor tho direction of
tho'commicgion, chall detormino tho dato of distribution and the
accet ~.ralue to bo dietributod, aftar taking into account the
axpongeg of that dictribution.
(J) Tho COll\mi ttoe, under tha direction of the
Commiesion, ehall determine the mothod of digtribution of the agcet
value, that h:, 1ilhother dictribution chall bo by pa~ent in each,
the maintonance of another or cubcti tutod Truct Fund, DY the
purchaee of ineurod annuitiec, or in kind bacod on the thon market
value, for each clags of participantg and other porconc entitled
to bonafite undor tho plan, ac cpecified in divigion (El CJ) of this
coction.
(J) The COlnmi ttoo, undor tho diroction of the
Commiecion, . ghall apportion tho aceet valuo ag of the date of
tormination in the mannor cot forth boloH, on tho baeie that tho
amount roquirod to provido any givon rotiremont income ehall moan
tho actuarially computed einglo-cum valuo of the rotiromont income,
exC{~pt that if the method of dictribution dotermined undar diviE:ion
48
.
(E) (J) of thi~ ~ection involve~ the purcha~e of an in~ured annuity,
the amount required to provide the qiven retirement income chall
mean the cinqle premium payable for that annuity:
(a) l\n amount equal to each participant'e
contribution Ieee the aqgregate of 3ny retirement income paymente
mado ,..ith reepect to that participant T..Till be determined, and tho
amount ,..ill be apportionod from the aseet value. The accot value,
if ineufficient to provide that amount in full, will be apportioned
among thoce particip3ntc in proportion to the amountc determined
with recpect to thom.
(b) l\pportionmont viII next be made vith recpect
to each retired participant receiving a retirement income hereunder
on that date, each percon receiving a retirement income on that
dato on account of a doceaeed participant or a retired (but cince
deceaeod) ~articipant, and each participant ,..ho hac, by that date,
becomo eligible for normal retirement but hac not yet retired, in
the amount requirod to provido the retirement lncomo; provided
that, if the aE:E:et valuo be leE:E: than the aggrogato of thoce
amounts, the amountc T..'ill be proportionately reduced co that the
aggregate of the reduced amountE: \lill be equal to the aeset value.
(c) If there bC! any ascet value remaining after
the apportionment under divicion (E) (3) (a) and (b) of thic cection,
apportionment chall next be made \lith recpect to each participant
in the cervice of the city on that date who hac both attained tho
a'1o of 55 yearc and completed at lea~t 19 yeare of credited
cervice, or hae completed JO yeare of credited cervice, whichever
ie applicabl_~, and each former participant ~lho a~ of hie dato of
terminati~f cervice had both attained the a'1e of 99 yearc and
completed at leact 15 year!: of credited eervico or completed JO
yeare of credited cervice and ,!ho ic entitled to a benefit under
the'provieionc of Sec. J5. 097 (E) (1) of thi~ eubchapter and ,!ho hac
not by that date reached hie normal retirement date, in tho amount
required to provide the actuarial oquivalent of the retirement
income accrued to the date of termination: provided that, if the
remainin'1 aceet value be le!:c than the a'1'1re'1ate, of the amountc
thu~ apportioned hereunder, thoce latter amount.e ehall bo
proportionately reduced ~o that the agg-rC!9'ate of the reduced
amounte \!ill be equal to the remaining- a~~et value.
(d) If there be any aeeet value remaininq after
the apportionmentc under divi~ion (E)(J)(a), (b) , or (e) of thic
cection, apportionment chall next be made lI,ith reepect to each
participant in the cervice of the city on that date limo i~ not
entitled tO,an apportionment under divi!:ion (E) (J) (a) , (b) , or (c)
of thic E:oction, but \!ho hac completed at lea.ct ten year~ of
credited cervice, in tho amount requirod to provide tho actuarially
equivalent cingle-cum value of hic voctod deferrod retirement
income accruod to the date of tormination of the plan, for example,
the actuarially equivalent cingle-cum value of the retirement
49
"
. .
incomo no '
:to' ~iTOY1Q
Orlll1natod havo DO
f,:mllor a ~n. t.ho Qat on oRtitloa t
alvisio: rt;101pant "11.00 ,of tormiRat? roaoivo haa .
:~:O~o~hO (:~~~l~r~n of ::i"RO:o~:::it~:: ~: ::0 Pl:~~ ""....r;i:O I>OOR
amount' bY,that aa~ of Soa. J5.~~n, thon ont~pportionmonto. oaoh
valuo ~Oq'Hrod to 0, roaahod 11.' 7 (E) (ll of :uoa to a I> "Raor
ontitlO tho aaar provido tho '" ROrmal r ,hle "ul>eh onofH;
tho ro oa. undor Soe uod doforrod actuarially otHomoRt Qat aptor "ho
mal . J~ rot' oqu' 0'
apportio~~~n~ a"cot vai;.0:7 (E) (1) ot"to:,on;; inco~~a~ont ai~q~:- t~o
roduood" oroundor th le lOGe tha lC cubohapt 0 "hich 11. c,:,m
oqY.al to 0 that tho' 0 lattor a n tho aqqro er. HOllO" 0 ~e
tho romai . aq<jrogato f mountc ehall <jato of tho . or, lf
mng aeeot val~ thoGO rod' bo proport amouRts
th UO. "cod amo' lORatol '
o apport' (0) If t "nte ,rill }
GOGtion 10RmORtG" d horo 100 100
ap n ele a' any
partiei' P?rti ORlllO 1 V io1 ORG' aeeot val'
ontitlo~a:~ In tho c~:,..~hall noxt ~:) (J) (a) t~~o~o:ainin<j aft
of t;h' an app " co of t Illade ..' 9 (d) or
le eoct' orhonm 11.0 cit ..lth r of th'
,:,qui valORt ~on, in tho ont undor d'''.Y' on cuch d oepoGt to 0 le
lRaom ",nglo- ' amount ".,elon ( ato \'h ' ach
the er aeorued to t':,um valuo O/~qUHOd to pr E.l, P) (a), (11.)0 H; not
tho aa~lO-"um valu: dato, of torm~c n~nvoetodo,'dO tho aet~ o~ (al
aivid 0 of te...dRa ,of 11.10 dofo lnahon of t doforroa ro anally
rOlllaiRr:<j (E) (J) (a) t~ofn 0 f ,tho :{:: rot i rOlllohn':: phn (f or :~~:lIIont
appgrtig assot valu thlC COGt' lace any >Rcome aocr plo,
nod h 0 ba * lOR) appolet;' uoa t;
p~oportionat 1 or..."n<lor oec than th' prov ido<l t 10""'oot "Rd--o
nll be oqu.a~ igr~~uoa<l 'co t::~e: lat~e;g<jro<jato Ofhat~ if t:~
....:::::::- 0 romainin<j a:o aggrogato ~~O"RtS s:a:~ounte
cot "a* the b
relllaini (f) I . -- ''''. reauooa ., e
(E) ( R!f after n the . aluoe
S 3) (a) th t.ha full ovont th
a" r"u<jl> ( app' at t;h
. 35.097 0) ef ,orhoRmo ..-ora 11.
rot"rnoa to ~ (1). (0) of t~',: eoetioR nte "poaifio: ~ssot val'
o elty. hle subeh' aRd uR<lor th In aivis' ue
apter th 0 pro"is' 10RS
. (4) ,0' 10RS
aH:trib"t' . :rho ora O"Gas" "hall of
s 11.' lOR S t; or gf ' b
--u..]oot. a fort' prlor" 0
SUb"haPt':: tha Hllli :a:!' ai v idoo 1 tloS fer, ana
::~~iRQa t:f I>sth~ Pla~en~R:rovia~~) (;~ ~f thi~ :::u""lIIeunts gf
of -:::t.:. IR tlla ;,::nli,EB ai~cr\O ,the ai~e~;i 19: 097 (K) ~gl>all 1.'~
garvioe .,:'Ylo"h"Ptsr ~eelthor tho ~~natory by t~:t>ons not f b t~ls
aajustm loe tllat toll ",olllee oft ~ltatiOAS IRtorAal R oln,!
a i s tr ib a~~ 111 a ~. bs 0 cl.1ct r ibu ti oct> v 0 0 r th"Rae r g s" . 3 5 sveR"a
3 5 . 097 .. 1 gn as ma . lIIaae in one aro eth ~ IntarRa . 097 (Kl
ao the (~~ "f tolli"} e:: ~o'l"iroa t~he prioritOir:,~'S0 dieort..i:o~en"s
s" Illay be 0 apter 0 eahGfl' tll ana alii a "ry ,
. r 0 f tll 0 requ i """toe
5 0 Intornal R rOlllsRt~ gf S "f
a aetorm' () ^" co ovenue g 00.
that tho '::;;OR lett':.~ a; practicabl ervi"a,
od of Q' rom tho 0 aftor
letrib"t' ,"ntornal ro"oipt b'
lon ln th' Ravon..o g } the cit'
lC COG:t. GJ:=lri: } of
. lon \Jill ... 00 ~tati
50 not ad"or n,!
. coly
,
, .
affect the continued qualified ~tatu~ of the plan, the Retirement
committee ~hall direct the tru~too to di~tribute, in accordanco
\lith tho mannor of di~tribution determinod under divi~ion (E) (J)
of thic coction, the amountc apportioned under divicion (E) (3) or
(1) of thic cection or ac the caco may bo.
('80 Codo, Sec. 18 170)
section 35.107 PARTICIPANT'S RIGHTS IN TRUST FUND.
No participant or other person shall have any interest in or
any right in, to or under the Trust Fund, or any part of the assets
thereof, except as and to the extent expressly provided in the
plan.
('80 Code, Sec. 18-133)
section 35.108 AMENDMENT OF PLAN.
(A) The plan may be amended by the city from time to time in
any respect whatever, by ordinance by the Commission specifying
the amendment, subject only to the following limitations:
(1) Under no condition shall the amendment result in or
permit the return or repayment to the city of any property held or
acquired by the trustee hereunder.L, or the proceeds thereof.L, or
result in or p~rmit the distribution of any property for the
benefit ~~anyone other than the participants and their
beneficiaries or joint pensioners, except to the extent provided
by Sec. 35.096 and Sec. 35.106(E) of this subchapter with respect
to expenses of administration and termination of the plan,
respectively.
(2) Under no condition shall the amendment change the
duties or responsibilities of the trustee unless the trustee is
given advance notice of and an opportunity to comment on the
chanqe. horeunder \1i thout i te \lri tten con~ent.
(B) Subject to the foregoing limitations, any amendment may
be made retroactively which, in the judgment of the Commission
Retirement Committoe, is necessary or advisable provided that the
retroactive amendment does not deprive a participant, ~{ithout hie
concent, of the a right to receive plan benefits to which the
participant is otherwise entitled, horeundor uhich have alroady
fully veetod and maturod in that participant, except for ~
modification or amendments that are ac chall be necessary to comply
with any laws or regulations of the United states or the of any
51
"
, .
s~tate of Florida. or to qualify the plan ~ as a tax-exempt plan
and trust.
(180 Code, Sec. 18-97)
section 35.109 TERMINATION OF PLAN.
i8l The plan may be terminated by the city at any time by
delivering to the Committee and trustee in writing an ordinance of
the Commission, duly certified by an official of the city,
specifying that the plan is being terminated or contributions
thereunder are being permanently discontinued. The plan shall
otherwise automatically terminate only upon adjudication by a court
of competent jurisdiction that the city is bankrupt or insolvent
(whether the proceedings be voluntary or involuntary), upGR
dissolution of the city or upon its- liquidation, merger, or
consolidation without provisions being made by its successor, if
any, for the continuation of the plan~
(180 Code, Sec. 18-98)
l..!ll- Upon termination of the plan for any reason. or upon
written notice to the trustee that contributions thereunder are
beinq permanently discontinued. or upon discontinuation of
contributions for other than a temporary period. the Trust Fund
shall be apportioned and distributed in accordance with the
followinq procedure:
-W... The Retirement Committee. subiect to approval of the
Commission.~hall determine the date of distribution and the asset
value to be distributed. after takinq into account the expenses of
that distribution.
l.il The Committee. subiect to approval of the
Commission. shall determine the method of distribution of plan
assets. and shall apportion those assets as follows:
.1.ll An amount equal to each participant. s'
contribution less the aqqreqate of any retirement income payments
made to that participant will be determined. and that amount will
be apportioned from the asset value. The asset value. if
insufficient to provide that amount in full. will be apportioned
amonq those participants in proportion to the amounts determined
with respect to them.
lQl Apportionment will next be made with respect
to each retired participant receivinq a retirement income throuqh
the plan on the plan termination date. each person receivinq a
retirement income on that date on account of a deceased participant
or a retired (but since deceased) participant. and each participant
who has. by that date. become eliqible for normal retirement but
52
'.
. .
. ,
has not yet retired. in the amount reauired to provide the
retirement income: provided that. if the asset value is less than
the aqqreqate of those amounts. the amounts will be proportionately
reduced so that the aqqreqate of the reduced amounts will be eaual
to the asset value.
..Ltl If there is any asset value remaininq after
the apportionment under division (B) (2) (a) and (b) of this section.
apportionment shall next be made with respect to each participant
or former participant who has both attained the aqe of 55 years and
completed at least 15 years of credited service. or has completed
20 years of credited service. but has not yet bequn to receive
retirement income under the plan. Apportionment shall be made to
such participants and former participants in the amount required
to provide the actuarial eauivalent of the retirement income
accrued to the plan termination date: provided that. if the
remaininq asset value is less than the aqqreqate of the amounts to
be apportioned. those amounts shall be proportionately reduced so
that the aqqreqate of the reduced amounts will be equal to the
remaininq asset value.
1Ql If there is any asset value remaininq after
the apportionments under division (B) (2) (a) . (b) . or ( c) of this
section. apportionment shall next be made with respect to each
participant in the service of the city on that date who is not
entitled to an apportionment under division (B) (2) (a) . (b) . or (c)
of this section. but who has completed at least five (5) years of
credited service. in the amount reauired to provide the actuarially
eauivalent sinqle-sum value of the vested deferred retirement
income ac ued to the date of Ian termination. However if the
remaininq a set value is less than the aqqreqate of the amounts
apportioned. the latter amounts to be shall be proportionately
reduced so that the aqqreqate of those reduced amounts will be
eaual to the remaininq asset value.
l.gl If there is any asset value remaininq after
the apportionments under divisions (B) (2) (a) through (d) of this
section. apportionment shall next be made with respect to each
participant in the service of the city on such date who is not
entitled to an apportionment under division (B)(3)(a). (b) . ( c) .
or (d) of this section. in the amount reauired to provide the
actuariallY eauivalent sinqle-sum value of the nonvested deferred
retirement income accrued to the date of plan termination. If the
remaininq asset value be less than the aqgreqate of the amounts to
be apportioned hereunder. those latter amounts shall be proportion-
atelv reduced so that the aqqregate of the reduced values will be
eaual to the remaininq asset value.
l.ll In the event that there is asset value
remaininq after the full apportionments specified in divisions
(B) (2) (a) throuqh ( e) of this section. and under the provisions of
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Sec. 35.097(Jl of this subchapter. the excess shall be returned to
the city.
D.l The order of priorities for. and the amounts of .
distribution set forth in division (Bl (2) of this section shall be
subiect to the limitations provided by Sec. 35.097(J) of this
subchapter, and to the distributions not beinq determined to be
otherwise discriminatory by the Internal Revenue Service. In the
event either the limitations under Sec. 35.097(Jl of this
subchapter become effective or the Internal Revenue Service rules
that the distributions are otherwise discriminatory. adiustment may
be made in the priorities and amounts of distribution as may be
required to satisfy the requirements of Sec. 35.097(Jl of this
subchapter or the Internal Revenue Code.
l.1l As soon as practicable after receipt bY the city of
a determination letter from the Internal Revenue Service statinq
that the method of distribution in this section will not adverselY
affect the continued qualified status of the plan. the Retirement
Committee shall direct the trustee to distribute. in accordance
with the manner of distribution determined by the Committee. the
amounts apportioned under division (Bl (2) or (3) of this section.
or as may otherwise be required by law.
('80 Code, Sec. 18-170)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
/
FROM: f~CITY MANAGER
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 67-93
DATE: November 19, 1993
This is the first reading of an ordinance changing the Land Use Plan
designation in the Comprehensive Plan from RM (Medium Density
Residential) to GC (General Commercial) for a parcel of land located
on the west side of N. E. 9th Avenue, approximately 100 I north of
George Bush Boulevard (Jennings Florist).
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will create consistency with the I
current zoning designation and existing land uses.
The Planning and Zoning Board at their November 15th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 67-93 on first reading, based upon
positive findings with respect to LDR Section 3.1.1 (A). If passed
public hearing December 7th.
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ORDINANCE NO. 67-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR FROM RM (MEDIUM DENSITY RESIDENTIAL) TO GC
(GENERAL COMMERCIAL) ; SAID LAND IS LOCATED ON THE
WEST SIDE OF N.E. 9TH AVENUE, APPROXIMATELY 100'
NORTH OF GEORGE BUSH BOULEVARD; PROVIDING FOR
EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS;
PROVIDING A GENERAL REPEALER CLAUSE; A SAVING
CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Lot 12 & S 1/2 of Lot 13, Block 4, SOPHIA FREY
ADDITION
The subject property is located on the west side of
N.E. 9th Avenue, approximately 100' north of George
Bush Boulevard (Jennings Florist); containing a 0.23
acre parcel of land, more or less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to General
Commercial.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion the reo f , 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.
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Section 6-. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance ~y the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of Dece~ ~
t.% c6
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ATTEST:
~~
~ City Cierk
First Reading November 23, 1993
Second Reading December 7, 1993
2 ORD. NO. 67-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DA~ T. HARDEN, CITY MANAGER
L ~~.~ \h,0~
TH . _,_.,....., .- D J. KOVACS, DIRE TOR
~TMENT OF PLANNING AND ZONING
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FROM: D E DOMI GUEZ
PRINCIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 23, 1993
FUTURE LAND USE MAP AMENDMENTS TO CORRECT
INCONSISTENCIES BETWEEN LAND USE AND ZONING
DESIGNATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of five amendments to the Future Land Use Map.
These amendments are being processed in order to correct
drafting errors which have resulted in inconsistencies
between the Future Land Use classification and zoning
designations.
Pursuant to Florida Statutes 163.3187 as amended, these
changes are being processed as small scale amendments.
B A C K G R 0 U N D:
These corrective amendments are the result of an analysis that
was conducted by Planning and Zoning staff in June of last year.
The study compared the Future Land Use Map, the Zoning Map, and
actual land uses, in order to identify inconsistencies and
incorrect use classifications. Several inconsistencies between
land use classifications and zoning designations were
identified. On October 26, 1993, the City Commission initiated
eleven land use amendments and rezonings as corrective actions.
Five of the inconsistencies which had been identified were the
result of mapping errors. The corrective actions that were
initiated for those errors involve amendments to the Future Land
Use Map, which are described below. If additional information
is desired, copies of the Planning and Zoning Board staff
reports for each of the items are available from the Planning
Department.
'.
City Commission Documentation
Corrective Small-Scale Amendments
Page 2
1. JENNINGS FLORIST Change in land use from Medium Density
Residential to General Commercial, for property located on
the west side of N.E. 9th Avenue, approximately 100' north
of George Bush Blvd.
This property was annexed into the City in 1984 with a
Commercial Land Use designation and GC (General Commercial)
zoning. When the Future Land Use Map was adopted in 1989 in
conjunction with the City's Comprehensive Plan, the property was
gi ven a land use designation of Medium Density Residential,
apparently in error. The GC zoning is inconsistent with the
residential land use. As the existing florist shop is a
commercial use, a change to a General Commercial land use
designation was initiated.
2. PALM TRAIL PLAZA PARKING Change in land use from
Transi tional to General Commercial for property located
between N.E. 9th Ave. and Palm Trail, approximately 100' of
George Bush Blvd.
This amendment involves two lots which consist of parking and a
patio area associated with the Palm Trail Plaza shops and
offices. The lots are located immediately to the north of the
plaza. The properties were annexed into the City in 1988 with a
Commercial land use designation and GC zoning. When the Future
Land Use Map was adopted in 1989, the lots were given a
Transitional land use designation, along with the office
development immediately to the north. The GC zoning remained
in place, and is inconsistent with the Transitional land use.
As these lots are part of the Palm Trail Plaza, which has a
General Commercial land use designation, a change in land use to
General Commercial was initiated.
3. BLOCK 10 PROPERTIES A change in land use from Community
Facilities (Church) to Low Density Residential for
properties located between N. W. 7th Avenue and N. W. 6th
Avenue, north of N. W . 2nd Street, in Block 10, Town of
Delray.
This amendment involves several residentially developed lots and
a child care center. Prior to November 1989, these properties
had a Low Density Residential land use plan designation. When
the Future Land Use Map was adopted (11/89), the lots were given
a land use designation of Community Facilities--Church, the
result of a drafting error (that designation was intended for
another property). The existing R-1A (Single Family) zoning is
inconsistent with the CF land use, thus, a change in land use to
Low Density Residential was initiated.
"
City Commission Documentation
Corrective Small-Scale Amendments
Page 3
4. MAYFAIR ANIMAL HOSPITAL/BARRTON CONDOMINIUMS A change in
land use from Medium Density Residential to Transitional
(Mayfair Animal Hospital), and from Transitional to Medium
Density Residential (Barrton) for property located at South
Federal Highway and S.E. 5th Street.
With the adoption of the Future Land Use Map in 1989, the
Mayfair Animal Hospital was given two land use designations:
Transitional on the west half (which contains the building), and
Medium Density Residential on the east half (associated parking
lot) . Apparently the east half was thought to be part of the
adjacent condominium development. The existing zoning
classification of GC is inconsistent with both of these land use
categories. The property contains a veterinary clinic and is
adjacent to residential development, thus, a change in land use
for the east half (parking lot) to Transitional was initiated,
as well as a corrective rezoning to POD (Professional and Office
District) for the entire parcel. The rezoning action is
discussed in a separate report.
Conversely, the parcel which contains an access drive and
parking for the Barrton Condominiums was apparently thought to
be part of the Mayfair property, and was given a Transitional
land use designation. As the balance of the Barrton development
has a Medium Density land use designation, a change in land use
to Medium Density Residential for this parcel was initiated.
5. BURKE , HOWELL JONES, AND FIRE STATION .3 A change in land
use from Medium Density Residential and Community
Facilities to Redevelopment Area 13 (Burke) ; from Community
Facilities to Redevelopment Area 13 (Howell Jones); and
from Medium Density Residential to Community Facilities
(Fire Station '3), for property located at Linton Blvd. and
N.W. 6th Avenue, extended.
These properties consist of a single family home (Burke), a
vacant flag lot (Howell Jones), and a municipal fire station.
The existing land use classifications are the result of a
drafting error which occurred in conjunction with the adoption
of the Future Land Use Map in 1989. The R-1A zoning
classification that exists on the Burke and Howell/Jones
properties is inconsistent with the Community Facilities land
use. As these properties are located immediately adjacent to
Redevelopment Area #3, and have similar characteristics to other
properties within that area, a land use change to Redevelopment
Area #3 was initiated.
Similarly, the Fire Station's CF (Community Facilities) zoning
is inconsistent with the Medium Density Residential land use.
In order to eliminate the inconsistency, and correctly reflect
the existing use, a land use change to Community Facilities was
initiated.
"
City Commission Documentation
Corrective Small-Scale Amendments
Page 4
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these amendments
at its meeting of November 15, 1993. Public hearings were held
on each item. Two people who own property west of the Jennings
Florist site spoke on that amendment, stating that they would
like to have a General Commercial land use designation on their
property as well. There was no one present to speak on the
other four amendments.
The Planning and Zoning Board unanimously recommended approval
of each of the five amendments as presented.
R E COM MEN D E D ACT ION:
By separate motion, approve each of the five land use plan
amendments as described in the ordinances provided.
Attachment:
* Location Maps
* Ordinances by Others
DD'T:CCSS1.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # l~C: - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 68-93
DATE: November 19, 1993
This is the first reading of an ordinance changing the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located !
between N.E. 9th Avenue and Palm Trail, approximately 1001 feet north !
of George Bush Boulevard (Palm Trail Plaza parking lot) from I
Transitional to General Commercial.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will create consistency with the ,
current zoning designation and existing land uses. I
The Planning and Zoning Board at their November 15th meeting !
recommended approval. See staff report attached to Ordinance No.
67-93.
Recommend approval of Ordinance No. 68-93 on first reading, based upon
positive findings with respect to LDR Section 3.1.1 (A). If passed
public hearing December 7th.
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. CI,T ,_,r:~',lEY' S iJFFICE TEL No. 407 278 4755 Nov 19,93 15:04 F' .1:12
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ORDINANCE NO. 68-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM TRANSITIONAL TO GENERAL
COMMERCIAL; SAID LAND IS LOCATED BE'l'WEEN N. E . 9TH
AVENUE AND PALM TRAIL, APPROXIMATELY 100' NORTH Ot"
GEORGE BUSH BOULEVARD; PROVIDING FOR EXEMPTION FROM
THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL
REPEALER CLAUSE i A SAVING CLAUSE; AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
18 aB follows:
Lot 3, Block 5, and the W 1/2 of abandoned alley
1y!ng easterly and adjacent to Lot 3, Block 5,
SOPHIA FREY ADDITION
TOGETHER WITH
Lot 12, Block 5, and the E 1/2 of the abandoned
alley lying west ot and adjacent to Lot 12, Block 5,
SOPHIA FREY ADDITION
The subject property 1s located between N.E. 9th
Avenue and Palm Trail, approximately 100' north of
George Bush Boulevard (Palm Trail Plaza pdrking
lot); containing a 0.32 acre parcel ot land, more or
less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive plan 1s hereby changed to General
Commercial.
Section 3. That the City of Delray Beach elect8 to make thi8
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing I pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effecti va April
8, 1992.
Section 4. That all orcl1nances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of thi.s
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 thereot other than the part declared to be invalid.
Section 6. That this ordinance shall become effect! ve upon
the issuance of a notIce of intent to find a plan amendment in
compliance by the Department of Community Affairs.
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PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
alfons.ord
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2 ORD. NO. 68-93
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM i G2D - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 69-93
DATE: November 19, 1993
This is the first reading of an ordinance revising the Land Use Plan
Designation for a parcel of land located at the northwest corner of
Andrews Avenue and Thomas Street (Lyndon Arms Condominiums) f rom Low
Density Residential to Medium Density Residential and changing the
zoning classification from R-1AA (Single Family Residential) to RM
(Medium Density Residential) zone district.
This land use plan amendment and associated rezoning are consistent
with the criteria for small scale land us e plan amendments and will
reduce the nonconforming status of this property. A detailed staff
report is attached as backup material for this item.
The Planning and zoning Board at their November 15th meeting
recommended approval.
Recommend approval of Ordinance No. 69-93 on first reading, based upon
positive findings with respect to LDR Section 3.1.1 (A) . If passed
public hearing December 7th.
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ORDINANCE NO. 69-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REVISING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM LOW DENSITY RESIDENTIAL TO
MEDIUM DENSITY RESIDENTIAL; CORRECTING THE ZONING
CLASSIFICATION FROM R-1AA (SINGLE FAMILY) TO RM
(MEDIUM DENSITY RESIDENTIAL) ; SAID LAND IS LOCATED
AT THE NORTHWEST CORNER OF ANDREWS AVENUE AND THOMAS
STREET; PROVIDING FOR EXEMPTION FROM THE
TRANSMITTAL-AND-ORC PROCESS; 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
September 14, 1993, as be1ng zoned R-lAA (Single Family Residential)
District; and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property; and
WHEREAS, at its meeting of October 26, 1993, the City
Commission for the City of Delray Beach initiated, corrective rezoning
of the property from R-1AA (Single Family Residential) District to RM
(Medium Density Residential) District and directed staff to prepare an
analysis of the rezoning; and,
WHEREAS, at its meeting of November 15, 1993, the Planning and
Zoning Board, as Local Planning Agency, reviewed this item and voted
unanimously to recommend approval of the rezoning, based upon positive
findings; and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated September 14, 1993 be corrected to
reflect the proper zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Lyndon Arms Apartments Inc.
Formerly Lots 30 and 31, Ocean Breeze Estates, as
recorded in Plat Book 13, Page 36 of the Public
Records of Palm Beach County, Florida
The subject property is located at the northwest
corner of Andrews Avenue and Thomas Street (Lyndon
Arms Condominiums); containing 0.47 acre parcel of
land, more or less.
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Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Medium Density
Residential.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That the Zoning District Map of the City of Delray
Beach, Florida, dated September 14, 1993, be, and the same is hereby
corrected to reflect a zoning classification of RM (Medium Density
Residential) District for the above described property.
Section 5. That the Planning Director of said City shall,
upon the effective date of t~is ordinance, correct the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of Section
5 hereof.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validi ty of the r~ainder hereof as a
whole or part thereof other than the part declared~o be invalid.
Section 8. That this ordinance shall become effective up,-
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
lyndon.ord
2 ORO. NO. 69-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
THRU:
ZONING
FROM:
SUBJECT: MEETING OF NOVEMBER 23, 19-93
CONSIDERATION OF THREE CORRECTIVE AMENDMENTS TO THE
FUTURE LAND USE MAP, AND ONE CONCURRENT CHANGE OF
ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of three amendments to the Future Land Use Map,
and a concurrent change to the Zoning Map. These changes
are being processed in order to apply land use and/or
zoning designations which correctly reflect the existing
uses of the properties.
Pursuant to Florida Statutes 163.3187 as amended, the land
use changes are being processed as small scale amendments.
B A C K G R 0 U N D:
These corrective actions are the result of an analysis that was
conducted by Planning and Zoning staff in June of last year.
The study compared the Future Land Use Map, the Zoning Map, and
actual land uses, in order to identify inconsistencies and
incorrect use classifications. Several incorrect land use
and/or zoning designations were identified. On October 26,
1993, the City Commission initiated eleven land use amendments
and rezonings as corrective actions.
Two of the actions which were initiated involve properties with
land use designations that are not appropriate given the
existing uses or locations of the properties. Another involves
a property that has both incorrect land use and zoning
designations. In order to apply the correct designations,
changes to the Future Land Use Map and the Zoning Map are
proposed. Those changes are briefly described below. If
additional information is desired, copies of the Planning and
Zoning Board staff reports for each of the items are available
from ~he Planning Department.
"
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City Commission Documentation
Corrective Amendments/Rezoning
Page 2
1. LYNDON ARMS CONDOMINIUMS Change in land use from Low
Density Residential to Medium Density Residential, and a
change in zoning from R-1AA (Single Family) to RM (Medium
Density Residential) for property located at the northwest
corner of Andrews Avenue and Thomas Street.
This half-acre property was developed in 1963 as an eight-unit
apartment building, pursuant to the R-3 zoning that existed at
the time. In 1972 the property was given an RM-15 (Multiple
Family--15 units per acre) zoning. In 1989, with adoption of
the Comprehensive Plan and Future Land Use Map, the property was
given a Low Density Residential land use. With the Citywide
rezoning in 1990, the property was assigned its current R-1AA
zoning designation. While the land use and zoning
classifications are not inconsistent, they do not reflect the
existing multiple family use.
The apartments have been converted to condominium ownership.
Staff was recently asked by the owners of the condominiums to
correct the land use and zoning classifications to more
accurately reflect the current use. According to the owners,
the nonconforming status of the property has created
difficulty in obtaining financing on some of the units. While
the property will remain non-conforming with respect to density
(the RM zoning allows 12 units/acre, whereas the 8 units equates
to a density of 17 units/acre), the proposed changes will
substantially decrease that non-conformity. Thus, an amendment
to the Future Land Use Map from Low Density Residential to
Medium Density Residential, and a change in zoning from R-1AA
(Single Family Residential) to RM (Multiple Family
Residential--Medium Density) is proposed.
2. SOUTHRIDGE SUBDIVISION Change in land use from
Medium Density Residential to Low Density Residential for
property located in the Southridge subdivision, at the
southwest corner of Zeder Avenue and Central Avenue.
This amendment involves three lots located within a single
family. residential subdivision. The lots are currently
undeveloped, and have an R-1A (Single Family) zoning
designation. When the Future Land Use Map was adopted in 1989,
the lots were given a Medium Density Residential land use
designation, apparently because they were thought to be part of
the adjacent Linton Ridge Condominium development. While the
land use and zoning designations are not inconsistent, the most
appropriate use of the property is for single family residential
development, as permitted by the existing R-1A zoning. Thus, an
amendment to the Future Land Use Map from Medium Density to Low
Density Residential was initiated.
.
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City Commission Documentation
Corrective Amendments/Rezoning
Page 3
3. HAMLET SHOPS/HITCHING POST A change in land use from
General Commercial to Transitional for property located on
the north side of Atlantic Avenue just east of Hamlet
Drive.
This amendment involves two parcels which are developed with
commercial uses. The properties were already developed when
they were annexed into the City in 1982 and 1983. The
properties currently have a General Commercial land use
designation and NC (Neighborhood Commercial) zoning. While
those designations are consistent with each other, the
underlying land use would allow a more intense zoning
classification, such as Ge. As this type of zoning would not be
appropriate in this area, and the existing uses can be
accommodated under the NC zoning, a Future Land Use Map
amendment to Transitional was initiated.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these proposed
changes at its meeting of November 15, 1993. Public hearings
were held on each item. One person representing the Hamlet
Homeowners Association spoke in favor of the land use amendment
from General Commercial to Transitional for the Hamlet
Shops/Hitching Post. There was no one present to speak on the
other two items.
The Planning and Zoning Board unanimously recommended approval
of each of the changes as presented.
R E COM MEN 0 E D ACT ION:
By separate motion, approve each of the land use plan amendments
and the zoning change as described in the ordinances provided.
Attachment:
* Location maps
* Ordinances by others
DD\T:CCSS2.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: {~TY MANAGER
SUBJECT: AGENDA ITEM # \~C - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. '70-93
DATE: November 19, 1993
This is the first reading of an ordinance changing the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located at
the northwest corner of N.W. 2nd Street and N.W. 6th Avenue (child
care center and various residential uses) from Community Facilities to
Low Density Residential. !
This land use plan amendment is consistent with the criteria for small ,
I
scale land plan amendments and will create consistency with the I
use I
current zoning designation and existing land uses.
The Planning and Zoning Board at their November 15th meeting I
i
recommended approval. See backup material attached to Ordinance No. i
67-93. i
,
Recommend approval of Ordinance No. 70-93 on first reading, based upon ;
positive findings with respect to LDR Section 3.1.1 (A) . If passed
public hearing December 7th.
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ORDINANCE NO. 70-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM COMMUNITY FACILITIES TO LOW
DENSITY RESIDENTIAL; SAID LAND IS LOCATED AT THE
NORTHWEST CORNER OF N.W. 2ND STREET AND N.W. 6TH
AVENUE; PROVIDING FOR EXEMPTION FROM THE
TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL
REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Block 10, less N 324.9' of E 135' of the W 160', and
less the N 300' of the E 135 . thereof, according to
the Plat of the Town of "Linton" now Delray Beach,
as recorded in Plat Book 1, Page 3, of the Public
Records of Palm Beach County, Florida
The subject property is located at the Northwest
corner of N.W. 2nd Street and N.W. 6th Avenue ( Child
Care Center and Various Residential Uses);
containing 1.9 acre parcel of land, more br less.
I
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Low Density
Resld.ential.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validi ty of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
boggo .ord
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGE-R
SUBJECT: AGE~DA ITEM # \~F - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 71-93
DATE: November 19, 1993
This is the first reading of an ordinance changing the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located at
South Federal Highway and S.E. 5th Street (Mayfair Animal Hospital
parking lot) from Medium Density Residential in part and Transitional
in part to Transitional.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will create consistency with the
current zoning designation and existing land uses.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
67-93.
Recommend approval of Ordinance No. 71-93 on first reading, based upon
positive findings with respect to LOR Section 3.1.1 (A) . If passed
public hearing December 7th.
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ORDINANCE NO. 71-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY
DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL IN
PART AND TRANSITIONAL IN PART TO TRANSITIONAL; SAID
LAND IS LOCATED AT SOUTH FEDERAL HIGHWAY AND S.E.
5TH STREET; PROVIDING FOR EXEMPTION FROM THE
TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL
REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
The Westerly 303.23' of North 75' of Lot 12, Block
11 OSCEOLA PARK, Plat Book 3, Page 2, (the parking
lot behind Mayfair Animal Hospital); containing
0.522 acre parcel of land, more or less.
The subject property is located at South Federal
Highway and S.E. 5th Street.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby change~ to Transitional.
I
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORe process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
barrton.ord
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: l~ITY MANAGE-R
~
AGENDA ITEM #' 1~<S- - MEETING OF NOVEMBER 23. 1993 I
SUBJECT: I
ORDINANCE NO. 72-93 I
DATE: November 19, 1993
This is the first reading of an ordinance correcting the zoning
classification for a parcel of land located at the southeast corner or
S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from
General Commercial (GC) to Neighborhood Commercial (NC) zone district.
The GC zoning on this property is inconsistent with the Transitional 1
land use designation.
The Planning and Zoning Board at their November 15th meeting
considered a proposal to rezone this property to POD (Professional
and Office District) . Following testimony from the property owner,
the Board recommended approval of NC zoning. A detailed staff report
is attached as backup material for this item.
Recommend approval of Ordinance No. 72-93 on first reading. If passed
public hearing December 7th.
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 18.93 16:58 F.03CJ{
w1
ORDINANCE NO. 72-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR A PARCEL OF LAND AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL
COMMERCIAL) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL)
DISTRICT1 SAID LAND BEING LOCATED AT THE S.E. CORNER
OF S. FEDERAL HIGHWAY AND S.E. 5TH STREET; AND
CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENBRAL 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
September 14, 1993, as being zoned GC (General Commercial) District;
and,
WHEREAS, a review of City record8 indicates that such zoning
classification was inadvertently applied to said property; and
WHEREAS, at itl meeting of october 26, 1993, the City
Commission for the City of Delray Beach initiated a corrective rezoning
of the property from GC (General Commercial) District to HC
(Neighborhood commercial) Di8trict and directed staff to prepare an
analysi. of the rezoning1 and,
WHEREAS, at ita meeting of November 15, 1993, the Planning and
Zoning Board, as Local Planning Agency, reviewed this item and voted
unanimously to recommend approval of the rezoning, based upon positive
f in(11n98; and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated September 14, 1993 be corrected to
reflect the proper 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 Di.trict Map of the City of Delray
BeaCh, Florida, dat.d September 14, 1993, be, and the same is hereby
correct.d to reflect a zoning claS8ification of NC (Neighborhood
CommerCial) District tor the following de.cribed property:
The Eaat 161 .0 feet of the West 166.0 feet of Lot
11, Block 1, OSCEOLA PARIC, according to the plat
thereof recorded in Plat Book 3, Page 2 ot the
PUblic Recorda of Palm Beach County, Florida, les.
that part conveyed to the State Road Department as
in Official Record Book 41S, Page 185, of the Public
Records of Palm Beach county, Flor1da; containing
0.547 acre parcel of land, more or 1....
The subject property 1. located at the S.B. corner
South Federal Highway and S.B. 5th Street (Mayfair
Animal Hospital).
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 18.93 16:59 P.04
Section 2. That the Planning Director of said City shall,
upon the ettective date ot this ordinance, correct 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 inval1dl such
decision shall not affect the val1dlty of the remainder hereof a8 a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) day. after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _ day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
deDtAl.O&"d
2 ORC. NO. 72-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: Q T. ~RDEN. CITY MANAGER
,THRU: . D~~Y~
DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUEZ ~~'j
PRINCIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 23, 1993
CONSIDERATION OF TWO CORRECTIVE C ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of two corrective rezoning actions. These changes
are being processed in order to apply zoning designations
which correctly reflect the existing uses of the
properties.
B A C K G R 0 U N D:
These corrective actions are the result of an analysis that was
conducted by Planning and Zoning staff in June of last year.
The study compared the Future Land Use Map, the Zoning Map, and
actual land uses, in order to identify inconsistencies and
incorrect use classifications. Several incorrect land use
and/or zoning designations were identified. On October 26,
1993, the City Commission initiated eleven land use amendments
and rezonings as corrective actions.
Two of the actions which were initiated involve properties with
zoning designations that are inappropriate given the existing
uses of the properties. In order to apply the correct zoning
designations, changes to the Zoning Map are proposed. Those
changes are briefly described below. If additional information
is desired, copies of the Planning and Zoning Board staff
reports for each of the items are available from the Planning
Department.
"
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City Commission Documentation
Corrective Rezonings
Page 2
1- DELRAY DENTAL SPECIALISTS/MAYFAIR ANIMAL HOSPITAL Change in
zoning from GC (General Commercial) to NC (Neighborhood
Commercial) and from GC and R-1AA (Single Family
Residential) to POD (Professional and Office District) for
property located at the southeast corner of S.E. 6th Avenue
(northbound Federal Highway) and S.E. 5th Street.
These properties contain dental offices (northernmost parcel)
and a veterinary clinic (south parcel). The current land use
designation for the majority of the site is Transitional, except
for the east half (parking lot) of the Mayfair Animal Hospital,
which has a Medium Density Residential land use. An amendment
to change the designation of the parking lot to Transitional is
being processed concurrently, and is described in another
report.
The GC zoning is inconsistent with the Transitional land use
designation, and is a more intense zoning classification than is
appropriate for the properties. Thus, a zoning change from GC
to POD for both properties was initiated. At the Planning and
Zoning Board, the owner and a tenant of the Delray Dental
Specialists building asked that they be allowed to retain the
General Commercial zoning, as it allowed for a greater range of
potential uses for the property. After some discussion, the
Planning and Zoning Board recommended that the zoning be changed
from GC to NC (Neighborhood Commercial). The NC zoning is
consistent with the Transitional land use and can accommodate
the existing office building. It will also allow a degree of
flexibility desired by the owner.
2. ST. JOHN'S PRIMITIVE BAPTIST CHURCH Change in zoning from
R-1A (Single Family Residential) to CF (Community
Facilities) for property located on the north side of N.W.
1st Street, between N.W. 6th and N.W. 7th Avenues.
This rezoning is being initiated to correct errors which
occurred during the citywide rezonings in 1990. At that time
the portion of the church property which contains the sanctuary
and a parking lot was rezoned from R-1A to CF. The lots which
comprise the remainder of the church property were inadvertently
kept within the R-IA zoning district.
While churches are permitted in the R-IA district as conditional
uses, CF zoning is typically applied to churches which have a
relatively large site area such as St. John's. In addition, it
is appropriate that all of the church's property have the same
zoning, thus, a change from R-1A to CF for the subject lots was
initiated.
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City Commission Documentation
Corrective Rezonings
Page 3
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these zoning
changes at its meeting of November 15, 1993. Public hearings
were held on each item. As indicated above, testimony was taken
with respect to the proposed POD zoning for the Delray Dental
Specialists building. The Board voted unanimously to recommend
NC zoning for Delray Dental Specialists, and POD for the Mayfair
Animal Hospital. One person asked for clarification of the
change in zoning on the St. John's property, but did not raise
an objection. The Board unanimously recommended approval of the
rezoning for that property from R-IA to CF.
R E COM MEN D E D ACT ION:
By separate motion, approve the corrective rezonings as
described in the ordinances provided.
Attachment:
* Location maps
* Ordinances by others
DD\T:CCSS1.DOC
"
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IT. I ' .- Delray Dental/Mayfair
/ (72-93)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I
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FROM: ~tCITY MANAGE-R
SUBJECT: ~~~~~~~~~~~ ~~ - MEETING OF NOVEMBER 23. 1993
DATE: November 19, 1993 i
This is the first reading of an ordinance changing the Land Use ,
Designation in the Comprehensive Plan for a parcel of land located at
the southwest corner of Central street at Zeder Avenue (with the
Southridge Subdivision) from Medium Density Residential to Low Density
Residential. I
This land use plan amendment is consistent with the criteria for small I
scale land use plan amendments and will provide for the most
appropriate use of the property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
69-93.
Recommend approval of Ordinance No. 73-93 on first reading, based upon
positive findings with respect to LOR Section 3.1.1 (A) . If passed
public hearing December 7th.
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ORDINANCE NO. 73-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL TO
LOW DENSITY RESIDENTIAL; SAID LAND IS LOCATED AT THE
SOUTHWEST CORNER OF CENTRAL STREET AT ZEDER AVENUE;
PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC
PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Lots 1, 2 and 12, Block 13, SOUTHRIDGE, Plat 2, as
recorded in Plat Book 13, Page 39 of the Public
Records of Palm Beach County, Florida
The subject property. is located at the southwest
corner of Central street at Zeder Avenue (within the
southridge Subdivision); containing 0.40 acre parcel
of land, more or less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby ch~nged to Low Density
Residential. /
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
orown.ord
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MEMORANDUM i
TO: MAYOR AND CITY COMMISSIONERS
~ITYMANAGE~ [
,
FROM:
I
AGENDA ITEM i ):;f..f ,
SUBJECT: - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 74-93 :
DATE: November 19, 1993
This is the first reading of an ordinance correcting the zoning
classification for a parcel of land located between N.W. 6th Avenue
i
and N. W. 7th Avenue, approximately 100' north of N.W. 1st Street (St. !
John's Primitive Baptist Church parking areas) from R-1A (Single I
Family Residential) in part and CF (Community Facilities) in part to
CF (Community Facilities).
This rezoning is being initiated to correct errors which occurred I
during the citywide rezonings in 1990. At that time a portion of the I
Church property which contains the sanctuary and a parking area were
rezoned to CF, with the balance of the property remaining in the R-1A i
district. ,
.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See the staff report attached to Ordinance No. t
72-93.
Recommend approval of Ordinance No. 74-93 on first reading. If passed i
public hearing December 7th. I
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ORDINANCE NO. 74-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR A PARCEL OF LAND AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM R-1A (SINGLE
FAMILY RESIDENTIAL) IN PART AND CF IN PART
(COMMUNITY FACILITIES) TO CF (COMMUNITY FACILITIES);
SAID LAND BEING LOCATED BETWEEN N. W . 6TH AND N.W.
7TH AVENUES, APPROXIMATELY 100' NORTH OF N.W. 1ST
STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1993"; 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
September 14, 1993, as being zoned R-IA (Single Family Residential) and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property; and
WHEREAS, at its meeting of October 26, 1993, the City
Commission for the City of Delray Beach initiated a corrective rezoning
of the property from R-1A (Single Family Residential) in part and CF
(Community FaCilities) in part to CF (Community Facilities) District and
directed staff to prepare an analysis of the rezonipg; and,
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WHEREAS, at its meeting of November 151 1993, the Planning and
Zoning Board, as Local Planning AgencYI reviewed this item and voted
unanimously to recommend approval of the rezoning, based upon positive
findings; and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated September 14, 1993, be corrected to
reflect the proper 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 September 14, 1993, be, and the same is hereby
corrected to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
S 1/4 (Less W 25' Rd R/W S 93' of E 97.3' of W
122.3', Block 11, TOWN OF DELRAY
TOGETHER WITH
S 50' of E 135' of N 1/2 of S 1/2, Block II, TOWN OF
DELRAY
The subject property is located between N.W. 6th and
N.W. 7th Avenues, approximately 100' North of N.W.
1st Street (parking areas associated with St. John's
Primitive Baptist Church) ; containing 0.29 acre
parcel of land, more or less.
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Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, correct 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 ten
(10 ) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading /
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Second Reading
It john. .ord
2 ORD. NO. 74-93
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: \~:TY MANAGER
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SUBJECT: AGENDA ITEM # \ d-S - MEETING OF NOVEMBER 23. 1993 I
ORDINANCE NO. 75-93 ~
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DATE: November 19, 1993 i
This is the first reading of an ordinance revising the Land Use 1
Designation in the Comprehensive Plan for a parcel of land located on 1
the north side of Linton Boulevard (Howell parcel and Burke parcel) I
from Medium Density Residential in part and Community Facilities in
part to Redevelopment Area #3.
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This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will provide for the most
appropriate use of the property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
67-93.
Recommend approval of Ordinance No. 75-93 on first reading, based upon
positive findings with respect to LDR Section 3.1.1 (A) . If passed
public hearing December 7th.
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ORDINANCE NO. 75-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REVISING THE CITY'S LAND USE
PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN
FROM MEDIUM DENSITY RESIDENTIAL IN PART AND
COMMUNITY FACILITIES IN PART TO REDEVELOPMENT AREA
#3; SAID LAND IS LOCATED ON THE NORTH SIDE OF LINTON
BOULEVARD AT S.W. 6TH AVENUE EXTENDED; PROVIDING FOR
EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS;
PROVIDING A GENERAL REPEALER CLAUSE; A SAVING
CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
East 159' OF West 656' OF S.W. 1/4 of Lot 6 (less
West 139' OF South 207' South 53' road right-of-way,
Section 20, Township 46 South, Range 53 East, Palm
Beach County, Florida; containing 0.534 acre parcel
of land, more or less.
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together with I
East 139' of West 636' of South 208' of South 1/2 of
Lot 8 (less S 53' road right-of-way) , Section 20,
Township 46 South, Range 43 East, Palm Beach County,
Florida; containing 0.495 acre parcel of land, more
or less.
The subject property is located on the North side of
Linton Boulevard at S.W. 6th Avenue extended.
(Howell Parcel and Burke Parcel).
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Redevelopment
Area #3.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
burke .ord
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2 ORD. NO. 75-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~fc ITY MANAGE-R
QJ< I
SUBJECT: AGENDA ITEM it - MEETING OF NOVEMBER 23. 1993 i
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ORDINANCE NO. 76-93 ,
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DATE: November 19, 1993 I
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This is the first reading of an ordinance changing the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located on ,
the north side of West Atlantic Avenue, in the 4000 Block (Hitching I
Post and Hamlet Shops) from General Commercial to Transitional. I
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These properties currently have General Commercial land I
a use
designation and NC (Neighborhood Commercial) zoning. While these
designations are compatible, the underlying land use would allow a
more intense zoning classification, such as GC (General Commercial) . ,
As this type of zoning would not be appropriate, the land use change
to Transitional is recommended. This land use plan amendment is ,
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consistent with the criteria for small scale land use plan amendments
and will provide for the most appropriate use of the property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
69-93. I
Recommend approval of Ordinance No. 76-93 on first reading, based upon I
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positive findings with respect to LDR Section 3.1.1 (A) . If passed .
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public hearing December 7th.
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ORDINANCE NO. 76-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY
DESCRIBED HEREIN FROM GENERAL COMMERCIAL TO
TRANSITIONAL; SAID LAND IS LOCATED ON THE NORTH SIDE
OF WEST ATLANTIC AVENUE, IN THE 4000 BLOCK;
PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC
PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
E 1/5 of SE 1/4 of NE 1/4 of SE 1/4 (less SR 806
r/w) lying in Section 13, Township 46 South, Range
42, East, Palm Beach County, Florida; containing
1.88 acre parcel of land, more or less.
Together with
N 193' of S 200' of westerly 292.51' of easterly
424.51' of SE 1/4 of NE 1/4 of SE 1/4 (less SR 806
r/w) ; containing 1. 30 acre parcel of land, more or
less. I I
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The subject property is located on the North side of
West Atlantic Avenue, in the 4000 Block (Hitching
Post, Hamlet Shops)
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Transitional.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by S8 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
mirand1. ora
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MEMORANDUM I
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TO: MAYOR AND CITY COMMISSIONERS
FROM: I~ITY MANAGE"R
ld- ~ - MEETING OF NOVEMBER 23. i
SUBJECT: AGENDA ITEM # 1993 I
ORDINANCE NO. 77-93 ,
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DATE: November 19, 1993
This is the first reading of an ordinance rezoning land located on the
east side of Dixie Highway, approximately 295 feet south of Linton \
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Boulevard (Delray Lincoln Mercury) from PC (Planned Commercial) zone I
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district to AC (Automotive Commercial) zone district. I
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The subject property is a 1.7 acre parcel of land located north of and I
adjacent to the west end of the existing Delray Lincoln Mercury ,
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automobile dealership. The proposal is to change the zoning in order !
to expand the automobile use. The expansion area would accommodate a i
vehicle repair and body shop facility. If the rezoning is approved, a I
site plan submittal will be required. f
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The Planning and Zoning Board at their November 15th meeting I
recommended approval of the rezoning request, subject to conditions. :
Those conditions included direction to the Site Plan Review and
Appearance Board that if the metal structure cannot be repaired that
it should be removed or relocated to comply with setbacks and that
upon purchase of this property, it be combined with the existing
dealership through a plat or unity of title.
Recommend approval of Ordinance No. 77-93 on first reading, subject to
the conditions as recommended by the Planning and Zoning Board. If
passed public hearing December 7th. I
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CITY ATTORNEY'S OFFICE TEL No. 407273 4755 t~O'J 18,3: 17:01 p,O-;'~
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ORDINANCE NO. 77-iJ
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN
THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND
BEING LOCATED ON THE EAST SIDE OF OIXIE HIGHWAY
APPROXIMATELY2i5 FEET SOUTH OF LINTON BOULEVARD, AS
THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRIC'l' MAP, DELRAY BEACH,
FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development Regulations of the City of Delray Beach, Florida, to wit:
That part of Tract No. JA and Tract No. 4A of
revised plat of portions of Sectlons 28 and 29,
Township 46 South, Range 43 East, palm Beach county,
Florida, according to the plat thereof recorded 1n
Plat Book 18, page 53, of the Public Recofda of Palm
Beach County, Florida, de8cribed a. fol19wSl
Commence at the Northwe.t corner of Baid Section 28,
thence S. 2047'25"E along the west line of said
Section 28, 53.06 feet to a line 53.00 feet South of
and parallel with the North line of said Section 281
thence East, along Baid parallel line, 96.15 teetl
thence South, 293.16 feet to the North line of said
Tract No. 3A and the point of beginning, thence
continue South, 346.16 teet to the South Une of
.aid Tract No. 4A; thence N. 89059'39"W., along said
South 11n., 64.99 feet to the uid West line of
Section 28; thence N. 2047'25"W, along said West
line, 346.56 fe.t to the North line of Bdd Tract
No. 3A; thence S 89059"O"E, along laid North line,
81.86 feet to the said point of beginning. Together
with:
All that part of the South half (S 1/2) of the South
half (8 1/2) of Lot 3 of the subdivision of Section
29, Township 46 South, Range 43 East, Palm Beach
County, Florida, according to the plat of said
subdivision on file in Plat Book 1, Page 4 of the
Public Record8 of Palm Beach County, Florida, which
lie. East of the right-at-way ot the Florida East
Coalt Railway Company, 1... the West 30 teet thereof
for the right-at-way tor Old Dixie Highway.
The subject property is located on the East side of
Dixie Highway apprOXimately 295 feet South of Linton
Boulevard.
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Nov 18.93 17:01 F'.03
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Section 2 . That the Planning Director of said City shall,
upon the effective date of this ordinance, change the Zoning District
Map of the City of Delray Beach, Florida, to conform with the provisions
ot 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 provi8ion 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 1n regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading I
Second Reading
1l.IlQQ1D. IOn!
2 ORC. NO. 77-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
THRU:
FROM: EY A. COSTELLO
ER
SUBJECT: MEETING OF NOVEMBER 23, 1993
FIRST READING OF ORDINANCE NO. 77-93 - REZONING
PROPERTY ON THE EAST SIDE OF DIXIE HIGHWAY IMMEDIATELY
NORTH OF DELRAY LINCOLN MERCURY FROM PC (PLANNED
COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning a 1.7
acre parcel of land adjacent to and north of the west end
of the Delray Lincoln Mercury automobile dealership from PC
to AC. The purpose of this rezoning is to accommodate the
expansion of the Delray Lincoln Mercury dealership.
The subject property is located on the east side of Dixie
Highway, approximately 295' south of Linton Boulevard and
immediately north of Delray Lincoln Mercury.
BACKGROUND:
The subject property is a 1.7 acre parcel of land located north
of and adjacent to the west end of the existing Delray Lincoln
Mercury automobile dealership. The property was annexed into
the City in 1979, at which time it was being utilized as a
vehicle repair facility. In 1988, the repair facility was
vacated and the property has not been occupied since.
The development proposal is to change the zoning in order to
expand the existing Delray Lincoln Mercury auto dealership onto
the 1.7 acre parcel. The expansion area would accommodate a
vehicle repair and body shop facility, which is allowed as an
accessory use to the full service automobile dealership. If the
rezoning is approved, a site plan submittal complying with the
Land Development Regulations will be required. An analysis of
the request is found in the attached Planning and Zoning Board
Staff Report.
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City Commission Documentation
Meeting of November 23, 1993
First Reading of Ordinance No. 77-93 - Rezoning Property from PC
to AC (Delray Lincoln Mercury Automobile Dealership Expansion)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 15, 1993, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. . There was no public testimony regarding the proposed
rezoning.
However, the Board expressed concerns that the property be
developed in the manner presented, that is, as an extension of
the existing dealership and not as a separately operated
automobile repair facility. Deborah Turner, the agent for the
applicant, assured the Board of her clients intention to
purchase the property and combine it with the dealership.
The Board voted 6-0 (Fulton absent) to recommend approval of the
rezoning request, and provided direction to the Site Plan Review
and Appearance Board on two (2) items as follows:
A. That if the metal structure cannot be repaired as
permitted by LDR Section 1.3.6 (Repairs and
Maintenance of Nonconforming Structures) it should be
removed or relocated to comply with setbacks, and
B. That a condition of site plan approval be that upon
Delray Lincoln Mercury's purchase of the property, it
be combined with the existing dealership through a
plat or Unity of Title.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. 77-93 on First Reading and
setting a public hearing date of December 7th.
Attachment:
* P & Z Staff Report and Documentation of November 15, 1993
* Copy of Ordinance No. 77-93
YICCREMERC.DOC
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PLANNING ANI.., ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: November 15, 1993
AGENDA ITEM: IV.C.
ITEM: Rezoning from PC (Planned Commerc- 1) to AC (Automotive Commercial).
LINTON
COSlCO
1UHlfO
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GENERAL DATA:
Owner....................Jack Diamond, President
Diamond' Associate., Inc.
Lessee...................Delray Lincoln Mercury, Inc.
Agent....................Debora Turner Oster
Jerry Turner' Associate., Inc.
Location.................East side of Dixie Highway, approximately
295 feet south of Linton Boulevard.
Property Size............l.7 Acre.
city Land U.e Plan.......General Commercial
City zoning..............PC (Planned Commercial)
Proposed zoning..........AC (Automotive Commercial)
Adjacent Zoning...Northa PC
East: PC
South: AC
We.t: I (Industrial) and CF (Community
Faclli t1e.)
Exi.ting Land U..........An existing metal frame building and vacant
land.
Proposed Land U..........Expan.ion of an existing, adjacent
automobile dealer. hip (Delray Lincoln
Mercury), to accommodate a vehicle repair
facility, office., and vehicle .torage.
Water Service............Exi.ting 6" water aain along the north
property line of the exi.ting Delray
Lincoln Mercury.
Sewer Service............Exi.ting 24" sanitary sewer main along the IV.C.
west side of Federal Highway.
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I T E M B E FOR E THE BOA R 0 :
The action before the Board is that of making a
recommendation on a r,',oning request from PC (Planned
Commercial) to AC (Aut ;motive Commercial), pursuant to
Section 2.4.5(0). Tr..:..s rezoning is being sought in
order to allow for :.he expansion of Delray Lincoln
Mercury automobile dfllership.
The subject propert-:l is located on the east side of
Dixie Highway, apc::-oximately 295' south of Linton
Boulevard and imm diately north of Delray Lincoln
Mercury.
~ A C K G R 0 UNO :
The subject property '3 a 1.7 acre parcel of land located north
of and adjacent to t~'a west end of the existing Delray Lincoln
Mercury automobile de~lership.
Subject Property:
In 1979, the subject property was annexed into the City with a
zoning designation of SC (Specialized Commercial). The property
was part of a larger parcel of land which contained
approximately 5 acres. Portions of the overall 5 acre parcel
were developed as Burger King and Sizzler restaurants. At the
time of annexation, the subject property was being utilized as a
vehicle repair facility. In 1988, the repair facility was
vacated and the property has not been occupied since. With the
Citywide rezoning of 1990, the property was rezoned to PC
(Planned Commercial).
Delray Lincoln Mercury:
Delray Lincoln Mercury has an extensive land use history which
dates back to 1960, when the dealership was established. The
most recent land use actions to occur with respect to the
dealership are as follows:
On July 31, 1991, the Site Plan Review and Appearance Board
approved a Major Site Plan Modification to allow the expansion
of the dealership to incorporate additional land which included
the vehicle repair facility immediately to the south of the
subject property, the Revolution Bar (along Federal Highway) and
a vacant parcel. That development proposal also included
construction of a two story service building, one story showroom
addition and an extension of the customer service write-up
canopy. As the expansion area represented more than 30' of the
site, upgrading of the entire dealership was required. The
improvements described above have been installed.
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 2
On September 30, 1992, a non impacting site plan modification to
install bullpen parking on :he northern portion of the current
dealership site was approv~d by the Director of Planning and
Zoning. At its meeting of January 13, 1993, SPRAB approved a
minor site plan- modificati)n to allow the addition of a second
floor to the existing show~oom.
On September 30, 1993, a rezoning request from PC (Planned
Commercial) to AC (Aut.omotive Commercial) to accommodate
expansion of the dealership onto a 1.7 acre parcel was submitted
and is now before the BOdrd for action.
PRO J E c: T DES C RIP T ION :
The development propo al is to change the zoning in order to
expand the existing D01ray Lincoln Mercury auto dealership onto
a 1.7 acre parcel of land along Dixie Highway immediately north
of the existing dealership. If the rezoning is approved, a site
plan submittal complying with the Land Development Regulations
will be required. Along with the rezoning request, a sketch
plan was submitted and reviewed by staff. The proposed
improvements include the following:
* Construction of a 36 bay vehicle repair facility (12,750
sq. ft. ) ;
* Interior and exterior improvements to the existing 2,400
sq. ft. metal building to accommodate the storage of parts
and supplies;
* Installation of a parking area to accommodate 48
employee/customer parking and 48 space bullpen parking
area, along with the installation of landscaping.
Based upon staff's review of the sketch plan, items of concern
were identified, and are addressed in an attachment to this
staff report. The remainder of this report will deal with the
rezoning request.
Z 0 N I N G A N A L Y S I S .
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REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findIngs must
be made In a form whIch is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
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P&Z Staff Report
Rezoning from PC to AC for De1ray Lincoln Mercury Expansion
Page 3
IFuture Land Use Map: I The use or structures must be allowed in
the zoning district and the zoning
district must be consistent with the land use designation.
The subject property has a General Commercial Land Use Plan
designation and is currently zoned PC (Planned Commercial). The
proposed zoning of AC (Automotive Commercial) is consistent with
the General Commercial land use plan designation. Based upon
the above, it is appropriate to make a positive finding with
respect to consistency with the land use plan designation.
The proposed rezoning is to accommodate a vehicle repair
facility and administrative offices for the existing Delray
Lincoln Mercury auto dealership. Pursuant to Section
4.4.10(C)(1) (Accessory Uses and Structures Permitted), within
the AC zone district, (a) paint and body shops, and (b) repair
shops and garages, are allowed as an accessory use to a full
service automobile dealership.
It is noted that within the AC zone district, the sale, ,lease or
rental of vehicles may be conducted on a lot with a minimum area
of 1.5 acres. As the property contains 1.7 acres, a full
service automobile dealership, a used car lot or a car leasing
agency may be established on the property [ref. Section
4.4.10(F)(2)]. Further, as a Conditional Use, specialty service
shops e.g. muffler shops, tire shops, etc. and stand-alone
vehicle repair facilities are allowed [ref. Section 4.4.10(D)(6)
& ( 7 ) ] .
I Concurrency: I 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.
As the rezoning request is a change from existing commercial
(PC) to a commercial zoning of similar intensity (AC), the level
of service standards as they relate to Concurrency should not be
significantly affected. However, the following information is
provided as it relates to Water and Sewer service, and Streets
and Traffic.
Water and Sewer:
Water and sewer plans are not required for a rezoning request,
however the following is known:
* A 6" water main exists along the north property line of the
abutting Lincoln Mercury dealership.
* Additional fire hydrant locations may be required.
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 4
* presently, the existing structure is not serviced by the
City's sanitary sewer system. Future development will need
to connect to the sewer system. The nearest available
connections are to the service laterals within the existing
Lincoln Mercury Dealership or the existing 24" sewer main
located along the west side of Federal Highway,
approximately 250' east of the property.
Streets and Traffic:
The intensity of uses allowed within the PC and AC zoning
districts are similar, and would be expected to generate
comparable traffic volumes. Therefore, a traffic impact study
was not required with this rezoning request. However, with a
full site plan submittal traffic information must be provided,
and both compliance with the Palm Beach County Traffic
Performance Standards Ordinance and a positive finding of
concurrency (with respect to traffic) must be made.
I Consistency: I 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.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
(A) That a rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
This standard is not applicable.
(B) Affordable housing for moderate and middle income families,
particularly first time home buyers, may be achieved
through increases in density when it can be demonstrated
that the increase will result in a more affordable product
provided that other policies ot the Housing Element are
maintained. (Housing Element C-3.l)
This standard is not applicable.
(C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time of rezoning has improvement. on
it. Where existing strip commercial areas or zoning exists
along an arterial street, consideration should be given to
increasing the depth ot the commercial zoning in order to
provide tor better project design. (Land Use Element A-l.3)
This standard is not applicable, since the zoning is from
one category of commercial to another.
"
P&Z Staff Report
Rezoning from PC to AC for Oelray Lincoln Mercury Expansion
Page 5
D) That the rezoning shall result in allowing land use. which
are deemed compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, _ that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
Property north and east of the site is zoned PC (Royal Palm
Mortgage Office Building and parking lot, Burger King,
Sizzler, and Veterinary Hospital); south is zoned AC
(Oelray Lincoln Mercury) and west is zoned I (Industrial)
(Delray Industrial Park) and CF (Community Facilities)
(Solid Waste Authority transfer station). The proposed
resulting land use, an extension of the dealership, is
compatible with these adjacent land uses.
Section 2.4.5(0)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(0)(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 applicant has submitted a justification statement which
states the following:
"We are requesting the rezoning of the subj ect property
from PC (Planned Commercial) to AC Automotive Commercial)
to facilitate the expansion of the existing Delray Mercury
Dealership to accommodate additional office space, storage
facilities, service bays, automobile storage, and employee
parking.
The proposed rezoning is consistent with the Comprehensive
(land use) Plan in that the area is designated general
commercial, the designation of all existing automobile
dealerships. The adjacent land uses are such that there
will be no negative impact to existing development. The
property is directly adjacent to the existing Oelray
Lincoln Mercury site on the south, an existing parking lot
to the north, Dixie Highway, the FEC Railroad and the
Delray Industrial Park to the west and accessory parking
for the Sizzler Restaurant to the east. (See attached
"
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 6
Existing Use Map) The proposed site plan is consistent
with the policies of the Land Development Regulations in
that the proposed building is oriented with no bay doors
facing the. right-of-way, all setback requirements and
landscape buffer requirements have been met or exceeded.
The dedication of 50' of right-of-way from Dixie Highway
has.also been addressed. (See attached Site Plan)
We are requesting that the existing metal building be
allowed to remain without the required 15' setback, until
such time as Dixie Highway has been widened. Prior to the
expansion of Dixie Highway, there will be an apparent 50'
setback. We will be addressing the outward appearance of
the building for a more aesthetically pleasing solution
than the existing rusted metal exterior."
Comment: The justification statement addresses Item C as the
basis for which the rezoning should be granted. The automobile
dealership, offices and vehicle repair facility are of similar
intensity as uses allowed under the General Commercial land use
plan designation. It can be determined that the proposed
rezoning is appropriate for the property based upon the proposed
use.
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Land Use Element Policy A-2.4 - Automobile uses are a
significant land use within the City and as such they have
presented unique concerns. In order to properly control these
uses and guide them to locations which best suits the
community's future development, the following shall be adhered
to:
* Auto related uses shall not be permitted in the CBD
Zone District or within the geographic area along
Federal Highway which extends four blocks north and
three blocks south of Atlantic Avenue.
* Automobile dealerships may locate and/or expand west
of Federal Highway, or between the one-way pair system
(except as restricted above). Automobile dealerships
may locate and/or expand east of Federal Highway only
north of N.E. 6th Street, except within the area lying
east of Federal Highway north of N.E. 8th Street, or
parcels fronting on N.B. 8th Street, and south of the
north border of the Flea Market property, within which
such excluded area, automobile dealerships may not
locate or expand. New dealerships shall not locate
nor shall existing dealerships expand south of N.E.
6th Street provided however, that automobile
dealerships south of N.E. 6th Street may expand onto
adjacent property which is currently in an auto
related use and which is zoned to allow such use.
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 7
* Auto related uses which involve the servicing and
repair of vehicles, other than as a part of a full
service dealership, shall be directed to
industrial/commerce areas.
The development proposal is consistent with this Policy, as the
subject property is located west of Federal Highway and is not
within a restrictive geographical area identified above.
Further, the proposed vehicle repair facility is to operate as
an accessory use to the full service automobile dealership.
Land Use Element Objective A-l - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
A. Physical Considerations - There are no special
physical or environmental characteristics of the land
that would be negatively impacted by the proposed use.
B. Complimentary with Adjacent Land Uses - The proposal
will be complimentary with the adjacent auto
dealership to the south and the industrial uses to the
west. The proposed use should not adversely impact
the commercial properties to the north and east.
C. Fulfills Remaininq Land Use Needs - The proposal will
allow the expansion of an existing dealership onto a
property that was previously a vehicle repair facility
and has remained vacant and neglected for quite some
time. The need being met is that of expansion of the
dealership, whereas accommodating a free-standing auto
use is not desired. Pursuant to Land Use Element
Policy A-2. 4, auto repair uses other than those that
are accessory to a full service automobile dealership
should be directed to industrial/commerce areas.
R I!: V I I!: 11 B Y OTHERS:
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency) or the DDA (Downtown
Development Authority).
If the rezoning is approved, a site plan application for the
proposed development will be submitted for review by the Site
Plan Review and Appearance Board.
Special Courtesy Notice:
Special notices were provided to the following homeowner's
associations:
* Town and Country Condominium Association
* Tropic Bay Condominium Association
* Tropic Isles Homeowner's Association
* Tropic Palms Homeowner's Association
"
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P&Z staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 8
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS E SSM E N T AND CON C L U S ION :
The rezoning request from PC to AC for this property is
consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. It is
anticipated that there will be no negative impacts on the
surrounding properties. The property contains a vacant metal
building which was formerly a vehicle repair facility and has
been abandoned for some time. The rezoning will allow the
expansion of the existing Delray Lincoln Mercury dealership to
accommodate an accessory vehicle repair facility, offices and
vehicle storage. Since the basis for the rezoning is that 0 f
expansion of the dealership, the property should be combined
with the Lincoln Mercury Dealership. This could be accommodated
by plat or Unity of Title. However, it is noted that the
properties currently are under separate ownership. If the Board
feels strongly regarding this issue, a statement should be made
to the effect that the rezoning is to accommodate expansion of
the dealership, and not a separate auto related use.
If the rezoning is approved, a site plan application along with
a traffic impact study must be submitted. Positive findings
with respect to other level of service standards and the Land
Development Regulations are anticipated with the full site plan
submittal. In the rezoning application, mention is made of
retaining the metal structure. The attached memo explains the
nonconformity that will result if the structure remains in its
current location. Thus, the Board may want to provide a
recommendation to SPRAB regarding the disposition of this
matter.
ALTBRNATIVB ACT ION S :
A. Continue with direction.
B. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter
3.3.2(0) (Compatibility), and that pursuant to Section
2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed.
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 9
S T A F F R E COM MEN D A T ION :
A. Recommend approval of the rezoning request from PC to AC
for Delray Lincoln Mercury in order to accommodate
expansion of the existing dealership, based upon positive
findings with respect to Chapter 3 (Performance Standards)
of -the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5).
B. Provide direction to SPRAB with respect to the Board's
disposition of the existing metal frame building.
Staff Report prepared by: Jeff Costello, Planner
Report reviewed by Diane Dominguez on: 11/9/93
Attachments:
* Zoning Map
* Sketch Plan
YIDXAMOND.DOC
"
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 10
MEMORANDUM
TO: PLANNLNG AND ZONING BOARD MEMBERS
FROM: JEFFREY A. COSTELLO
PLANNER
RE: SKETCH PLAN FOR DELRAY LINCOLN MERCURY EXPANSION -
ITEMS OF CONCERN (TECHNICAL ITEMS)
DATE: NOVEMBER 8, 1993
With the Rezoning request from PC to AC to accommodate expansion
of the Delray Lincoln Mercury dealership, a sketch plan was
submitted and reviewed by staff. Based upon staff's review of
the sketch plan the following "Items of Concern" were
identified.
I T EMS o F CONCERN:
1. Dixie Highway
Pursuant to the Traffic Element Table T-4 of the
Comprehensive Plan, the ultimate right-Of-way width for
this section of Dixie Highway (between Linton Boulevard to
South City Limits) is 80'. Presently, there exists 30' of
right-of-way, therefore a 50' right-of-way dedication is
required along Dixie Highway.
2. Metal Frame Structure
Pursuant to Section 4.3.4(K), within the AC zone district,
a 15' front building setback is required. On the west side
of the subject property, there is an existing frame
structure that is presently set back 50' from the west
property line. As previously noted, the site plan must
accommodate a 50' right-of-way dedication for Dixie
Highway. After the right-of-way dedication, the structure
will be located along the front property line ( 0 · front
setback) . Thus, the structure will be nonconforming.
Pursuant to Section 1.3.6(A) (Repairs and Maintenance), on
any nonconforming structure or on a structure containing a
nonconforming use, work may be done on ordinary repairs, or
on repair or replacement of fixtures, nonbearing walls,
plumbing, or wiring, provided the repair work does not
exceed 10% of the current replacement cost of the
structure. The reuse of the building may involve repairs
that exceed 10' of the structure's value. Thus, it will be
necessary to remove the building or relocate it on the site
to conform to setback requirements.
"
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 11
3. Platting
The subject property is unplatted and its legal description
is one of metes and bounds. As part of the development
proposal, -right-of-way dedication (Dixie Highway) , along
with utility easements as deemed necessary, will be
required. Therefore, the property must be platted and a
minor/boundary subdivision plat must be processed pursuant
to Section 5.1.l. In order to ensure that the use is
maintained as part of the Lincoln Mercury Dealership, the
properties should be combined through a Unity of Title.
With respect to the Dixie Highway dedication, a Palm Beach
County right-of-way deed must also be processed and
recorded, with the O.R. Book and Page referenced on the
plat.
4. Parking Requirements
As this proposal is an expansion of an full service
dealership, parking requirements are calculated utilizing
Section 4.6.9(C)(3)(f) (Vehicle Sales and Rental), which
states that required parking spaces shall be designated for
employee, customer, and/or service use at the standard of,
at least, 1.5 spaces per service bay and 2 spaces per 1,000
sq.ft. of floor area (less indoor display area).
With the full site plan submittal, parking information must
be provided which indicates the number of customer and
employee spaces as well as the vehicle storage areas. The
parking calculations should take into account the existing
spaces immediately south of the proposed service bays.
Therefore, at this time a determination has not been made
as to whether the parking requirements are met.
5. Perimeter Landscaping
Pursuant to Section 4.6.16(H)(3)(d), between vehicular use
areas and abutting properties, a 5' landscape strip is
required. Along the south property line, a landscape strip
has not been provided. Unless combination of lots/parcels
of the dealership is achieved, the landscape strip is to be
provided.
6. Driveway Aisle Width
Pursuant to Section 4.6.9(D)(4)(d) (Standard Aisle Width),
the standard aisle width is 24' for normal traffic flow
with perpendicular parking. The aisle width on the south
side of the proposed service bays is 20'.
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: #CITY MANAGE-R
SUBJECT: AGENDA ITEM i I~N\ - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 79-93 I
DATE: November 19, 1993
This is the first reading of an ordinance correcting the zoning
classification for a parcel of land located at the southeast corner of
S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from
GC (General Commercial) zone district in part and R-1AA (Single
Family Residential) zone district in part to POD (Professional and
Office District). j
This proposed rezoning will bring the zoning into compliance with the i
Transitional Land Use designation for this property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
72-93.
Recommend approval of Ordinance No. 79-93 on first reading. If passed I
public hearing December 7th.
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 18,93 17:02 P . 09 DK
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ORDINANCE NO. 79-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR A PARCEL OF LAND AS MORE
PARTICULARLY DESCRIBED HEREIN FROM GC AND R-1AA
(SINGLE FAMILY RESIDENTIAL) TO POD (PROFESSIONAL
OFFICE) DISTRICT; SAID LAND BEING LOCATED AT THE
S.E. CORNER OF S. FEDERAL HIGHWAY AND S.E. 5TH
STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter descr1bed is shown on the
Zoning District Map of the City of De 1 ray Beach, Florida, dated
september U, 19931 as being zoned GC (General Commercial) 1n part and
R-1AA (Sin~le Family Residential) in part; and,
WHEREAS, a review of City records indicates that such zoning
clas.ification was inadvertently applied to said property; and
WHEREAS, at its meeting of October 26, 1993, the City
Commiss1on for the City Of Delray Beach initiated a corrective rezoning
of the property from GC (General Commercial) 1n part and R-1AA (Single
Family Residential) Di.trict in part to POD (ProfeSSIonal Of fice
District) and directed start to prepare an analye1s ot the rezoning;
and,
WHEREAS, at it. meeting Of November 15, 1993, the Planning and
Zoning Board, as Local Planning Agency, reviewed this item and voted
unanimously to recommend approval of the rezoning, based upon positive
findings; and,
WHEREAS, it is appropriate that the zoning District Map ot the
City of eslray Beach, Florida, dated September 14, 1993 be corrected to
reflect the proper zoning cla.sification.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectlon 1. That the Zoning District Map of the City of De1ray
Beach, F lor ida, dated September 14 , 1 gg 3, be, and the same is hereby
corrected to reflect a zoning classification of POD (professional
Office) District for the following described property:
The westerly 303.23' of North 75.0' Of Lot 12, Block
1, OSCEOLA PARIt, Plat BOok 3, Page 2; containing
0.522 acre parcel of land, more or le...
The subject property 1- located at the S.E. corner
of S. Federal H1ghway and S.E. 5th street (Mayfair
Animal Ho.pital).
Section 2. That the Planning Director of 8aid City shall ,
upon the effective date of this ordinance, correct the Zoning Map ot the
City of Delray Beach, Florida, to conform with the provisions of Section
1 hereof.
"
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Nov 18,93 17:03 P .10
.
Section 3. That all ordinances or pluta of ordinances 1n
conflict herewith be, and the same are hereby repealed.
Section 4. 'I'hat .hould 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 II
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on ..cond and final reading.
PASSED AND ADOPTED in regular session on second and flnal
reading on this the _____ day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
(1v.(1v......
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:oJ ORD. NO. 79-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: I~~TY MANAGE-R
I
\;L N - MEETING OF NOVEMBER 23. ,
SUBJECT: AGENDA ITEM i 1993
ORDINANCE NO. 80-93
DATE: November 19, 1993
I
This is the first reading of an ordinance changing the Land Use Plan I
Designation in the Comprehensive Plan for a parcel of land located on
South Federal Highway and S.E. 5th Street (Barrton Condominiums access :
drive/parking) from Transitional to Medium Density Residential.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will provide for the most
appropriate use of the property.
The Planning and Zoning Board at their November 15th meeting I
recommended approval. See backup material attached to Ordinance No.
67-93.
Recommend approval of Ordinance No. 80-93 on first reading, based upon
positive findings with respect to LDR Section 3.1.1 (A) . If passed
public hearing December 7th.
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ORDINANCE NO. aO-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY
DESCRIBED HEREIN FROM TRANSITIONAL TO MEDIUM DENSITY
RESIDENTIAL; SA ID LAND IS LOCATED AT SOUTH FEDERAL
HIGHWAY AND S.E. 5TH STREET; PROVIDING FOR EXEMPTION
FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A
GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
The West 161' of Lot 12, Block 1, OSCEOLA PARK, less
the North 75' thereof (the access drive/parking for
Barrton Condominiums).
The subject property is located at South Federal
Highway and S. E. 5th Street; containing 0.289 acre
parcel of land, more or less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Medium Density
Residential. / I
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Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing I pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
five.ord
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS I
11I/cITY MANAGE-R I
I
FROM: I
SUBJECT: AGENDA ITEM # {aO - MEETING OF NOVEMBER 23. 1993
ORDINANCE NO. 81-93
,
DATE: November 19, 1993 I
f
This is the first reading of an ordinance revising the Land Use Plan i
Designation in the Comprehensive Plan for a parcel of land located on
the north side of Linton Boulevard at S.W. 6th Avenue extended (Fire I
Station No. 3 ) from Medium Density Residential to Community i
Facilities. I
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This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and provides for the correct
designation of the property use. I
I
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No. I
67-93. ;
Recommend approval of Ordinance No. 81-93 on first reading, based upon
positive findings with respect to LDR Section 3.1.1 (A) . If passed
public hearing December 7th.
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ORDINANCE NO. 81-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REVISING THE CITY'S LAND USE
PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN
FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY
FACILITIES; SAID LAND IS LOCATED ON THE NORTH SIDE
OF LINTON BOULEVARD AT S.W. 6TH AVENUE EXTENDED;
PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC
PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
East ISO' of West 499' of South 1/2 of Lot 8 (less S
53' RD R/W) , Section 20 Township 46 South, Range 3
East, Palm Beach County, Florida; containing 0.97
acre parcel of land, more or less.
The subject property is located on the North side of
Linton Boulevard at S.W. 6th Avenue extended (Fire
Station #3).
Section 2. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittat-and-ORC process by
having only an adoption hearing, pursuant to Flofida Statutes Section
163.3187, as amended by S8 1882 (Committee Substitute) effective April
8, 1992.
Section 3. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Community
Facilities.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
t'ir..u.orc1
"