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01-12-99 Workshop IUI-Amed~aCity WORKSHOP MEETING - JANUARY 12, 1999 - 6:00 PM I~; 1993 FIRST FLOOR CONFERENCE ROOM The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accom- modate your request. Adaptive listening devices are available for meetings in the Commission Chambers. AGENDA (A) Discussion concerning proposed ~n-lieu of parking fee provisions. (B) Discussion concerning the ~owntown area ~alet parking. (C) Discussion and input reg~rdin9 the installation of 2 hour limit parking meters in Veterans Park. (D) C~nceptual review of proposed ordinance revisions related to ~arbage and ~uisance abatement (i.e. chamshell truck). (E) Presentation by Dee Carper fro~ the Florida League of Cities re~arding Effective Lobby~3C. (7 PM) (F) Commission Comments.~o~ Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. DELRAY B ,EAOC H. ~/~ Nl-beedcaCity WORKSHOP MEETING - JANUARY 12, 1999 - 6: 00 PM q~l~ 1993 FIRST FLOOR CONFERENCE ROOM The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accom- modate your request. Adaptive listening devices are available for meetings in the Commission Chambers. AGENDA (A) Discussion concerning proposed in-lieu of parking fee provisions. (B) Discussion concerning the downtown area valet parking. (C) Discussion and input regarding the installation of 2 hour limit parking meters in Veterans Park. (D) Conceptual review of proposed ordinance revisions related to garbage and nuisance abatement (i.e. chamshell truck). (E) Pre3~e~tation by Dee Carper from the Florida League of Cities ~garding Effective Lobbying. (7 PM) ~ ~ ~£~x~/~ (F) Commission Comments. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 1/ Memo To: David Harden, City Manager Frorrr Lula Butler, Director, Community Improvement Date: January 7,1999 Re: Proposed Revisions to Chapter 51, Garbage/Trash and Chapter 100 Nuisance Abatement ITEM BEFORE THE COMMISSION: Presentation by staff on proposed changes to Chapter 51, governing Garbage and Trash and Chapter 100, Nuisance Abatement of the City's Code of Ordinance. BACKGROUND: City Commission approved changes to the contract for its contracted Waste Hauler and increased the residential garbage fee at their regular meeting of October 5, 1998, to fund one new Clam Truck, assigned to the Code Enforcement Division. Under the new provisions of their contract, BFI will provide the driver and equipment five (5) days per week during the regular business day, to the Code Enforcement staff. The equipment will be uHlized to collect garbage, bulk, and vegetation and ff necessary, recycling materials that have been placed at curbside at unauthorized times and/or at unauthorized locations. The contract limits BFI's use of the new equipment for this spedfic purpose and restricts the use of this equipment for all other regular services. In order to implement and employ the use of this dam truck, staff is recommending changes to both Chapter 51 and 100 of the Code of Ordinance establishing a fee for services and revised notice requirements. The proposed changes are summarized as follows: Chapter 51: 1. The Clam Truck will be utilized to collect garbage, bulk, vegetation and if necessary, recycling materials placed at curbside at unauthorized times and/or at unauthorized locations. Property owners or the occupant (currently receiving the water bill) will be billed for the collection of these materials at $11.50 per cubic yard. The minimum charge will be $11.50 and all billings will be to the nearest whole cubic yard. · Page I /d£. The actual billing will be performed by the Utility Billirtg Division of Finance, based on detailed information submitted by Code Enforcement. Charges for materials collected will be added to the water bill of either the owner or tenant of the property at which a collection is made. In all other cases, such as vacant lots, the owner of the appropriate real property will receive a separate invoice. 3. BFI will be reimbursed for disposal at $11.50 per cubic yard only for materials they would not have been required to collect under the provision of the existing contract, i.e. curbside collections at commerd~l locations. 4. Clarifies that all vegetation, bulk trash, garbage and recycling materials must be placed at curbside no earlier than 5:00PM on the day prior to the regular scheduled collection day. The same must be at curbside ready for pick up by 6:00AM of the scheduled pick up day. Chapter 10(k. Currently, we must mail a notice to a property owner each time a nuisance (such as overgrowth or litter) is noted and allow at least ten (10) days before abating the dted nuisance. Since many of the nuisances dted are repeated, the current procedure can result in significant time delays between when a nuisance is detected and when it is abated. The major change proposed to this ordinance is with the notice requirements; it is summarized as follows: 1~ The proposed change provides for one notice advising of specific types of public nuisances be mailed to the affected property owner within a twelve (12) month period. Any recurrence of the nuisances within a 12~month period results in immediate abatement of the repeated nuisance and invoicing the property owner for services rendered. 2. Provides for a procedure for property owners to appeal the immediate abatement action by submitting a written petition to the City Manager for a hearing before a three-person board within certain timeframes. RECOMMENDATION: Staff is recommending City Commission consideration of the proposed changes to Chapter 51 and 100 of the Code of Ordinances as presented by staff, provide direction to staff for any changes, authorize the submission of approved changes to these Ordinances for first reading and Public Hearing. · Page2 ORDINANCE NO. -98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.22, "VEGETATIVE WASTE", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.23, "BULK TRASH", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.99, "PENALTY", TO CLARIFY THE PENALTY FOR A VIOLATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to clarify portions of this ordinance concerning collection and set out times for garbage and trash. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative Waste", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.22 VEGETATIVE WASTE. (A) Vegetative waste shall be collected from ~ residential areas at least one time per week and shall be on the same day as one of the collection days for solid waste. Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed adjacent to the pavement or traveled way of the street. Residents shall bag or containerize all grass clippings, leaves, pine needles and similar loose items whenever possible. Large vegetative waste items must not be more than six (6) feet in length or fifty (50) pounds in weight, and shall be placed neatly at the curb. In the event of a dispute between the contractor and a customer as to what constitutes vegetative waste, the situation will be reviewed and decided by the City Manager, whose decision shall be final. Vegetative waste shall be placed curbside no earlier than 5:00 p.m. on the day prior to the regular scheduled collection day. Vegetative waste that is not placed curbside on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. (B) At the request of the City or at the request of a resident, the contractor shall collect vegetative waste on a day other than the regular scheduled collection day at a cost to the resident equal to $11.50 per cubic yard. The contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the contractor and the resident. (C) If vegetative waste is placed curbside at time periods or at locations outside of those allowed by Subsection (A), and a resident has not called in to request a pickup as set forth in Subsection (B), then the City or its Contractor may collect the vegetative waste and a fee of $11.50 per cubic yard will be charged to the resident or business for the collection of the vegetative waste if such collection is not performed on the regular scheduled collection day. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. Section 2. That Chapter 51, "Garbage and Trash", Section 51.23, "Bulk Trash", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.23 BULK TRASH. (A) Bulk trash shall be collected from res!de.".':es residential areas within the City no more than once per week. The bulk trash pickup day shall coincide with the first or second refuse collection day, which shall be a Monday/Thursday, Tuesday/Friday or Wednesday/Saturday of each week. Bulk trash shall be placed curbside no earlier than 5:00 p.m. on the day prior to the regular scheduled collection day. Bulk trash that is not placed curbside on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. (B) At the request of the City or at the request of a resident, the contractor shall collect bulk trash on a day other than the regular scheduled collection day at a cost to the resident equal to $22.00 per cubic yard. The contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. However, if the City requests the pickup and the contractor is unable to collect payment from the resident, then the contractor shall collect the bulk trash and the resident shall be billed by the City for the extra charge. When Payment is made to the City for the extra charge then that amount shall be forwarded to the contractor. Upon receipt of payment by the resident, the contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the contractor and the resident. rnhrC~ It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or container with ......... ~ ~,~t.;,,= ao.,ice .......... ur2e££ *~'~ doer E:: beee removed any doors, lids or closures of any ~pe in place. This prohbition shall not apply to any appliance, refrigerator or container at a co~ercial establis~ent which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to an extent ~at it is impossible for a child to obtain access to any 2~]gEt compa~ment thereof. (D) If bulk trash is placed curbside at time periods or at locations outside of those allowed by Subsection (A), and a resident has not called in to request a pickup as set forth in Subsection (B), then the City or its Contractor may collect the bulk trash and a fee of $11.50 per cubic yard will be charged to the resident or business for the collection of the bulk trash if such collection is not performed on the regular scheduled collection day. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. Section 3. That Chapter 51, "Garbage and Trash", Section 51.40, "Placement of Containers and Trash; Precollection Practices", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.40 PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES. (A) Blockage of storm drains. It shall be unlawful for any person to place any refuse, trash, refuse receptacles or containers on, upon or over any storm drain or so close thereto as to be drawn by the elements into the storm drain or to block the flow of water into the storm drain. (B) Dangerous trash items. It shall be unlawful to place dangerous trash items and all waste materials of injurious nature in containers unless they are securely wrapped so as to prevent injury to the collection crews and others. Dangerous trash and waste materials shall include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and television tubes. (C) Hazardous waste. It shall be unlawful to place hazardous waste in any receptacle used for collection by the City 3 waste. The items listed in part (B) may be classified as hazardous waste unless properly wrapped to prevent injury to collection crews and others. (D) Garbage and trash. It shall be unlawful to place, in garbage receptacles, trash which has not been drained of all liquids. Any items of trash which are too large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may be placed at curbside no earlier than 5:00 p.m. on the day preceding the collection date for that material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any garbage receptacle may not be placed at curbside earlier than 5:00 p.m. on the day preceding the collection day and must be removed by 7:00 p.m. on the day of collection. Garbage and trash that is not placed curbside on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. If garbage and trash is placed curbside at an), time other than the time periods allowed, the City or its Contractor may collect the garbage and trash and a fee of $11.50 per cubic yard will be charged to the resident or business for such collection. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. The fee shall be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. Mechanical containers. (1) Placement of containers emptied by mechanical means shall be determined by the City Manager. The following materials shall not be permitted to be placed in those containers: (a) Tires. (b) Motor vehicle parts, including, but not limited to batteries. (c) Carpet or padding larger than three feet by three feet. (d) Metal pipe in excess of 1/2-inch by three feet. (e) Construction or building materials. (f) Wood in excess of one inch by two inches by three feet. (2) It shall be unlawful for anyone to place or maintain materials or place any vehicle under their control, whether temporarily or permanently, so as to block access to any mechanical container. 4 tc,.x(F~ Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in X~I~= g fitting covers. tm(G~,..,,_.~ Vegetative waste. Vegetative waste shall be placed only near the edge of the roadway adjacent to the property from which it was generated. Placement of vegetative waste in an alleyway is. prohibited unless approved in advance by both the City and its contractor. Vegetative waste for collection shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the collection date. O-)(H) Recycling. (1) Recycling containers shall be placed beside the curb adjacent to the roadway no earlier than 5:00 p.m. on the day preceding the collection date for the material, provided those items are covered or secured so as to avoid unsightly litter conditions. The collection shall coincide with the first or second refuse collection day. Any container placed at curbside must be removed by 7:00 p.m. on the day of collection. A recycling container that is not placed curbside on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. (2) If recycling containers are placed curbside at time periods or at locations outside of those allowed by Subsection (1), the City or its contractor may collect the recycling matter and charge a fee of $11.50 per cubic yard. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident's or business' water bill. Section 4. That Chapter 51, "Garbage and Trash", Section 51.99, "Penalty", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.99 PENALTY. Any violation of this chapter shall be governed by Section 10.99, "General Penalty" or Chapter 37, "Delray Beach Code Enforcement", or Chapter 100, "Nuisances". 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 all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 7. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 1999. MAYOR ATTEST: City Clerk First Reading. Second Reading. garbage l.ord 6 THRU: DIANE DOMINGUEZ, P & Z DIRECTOR SUBJECT: CITY COMMISSION WORKSHOP MEETING OF JANUARY 12, 1999 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR'S) DEALING WITH IN-LIEU PARKING FEE PROVISIONS. The second reading of the ordinance amending the in-lieu parking fee regulations was considered at the December 7, 1998 City Commission meeting. Several representatives of Pineapple Grove Mainstreet attended the meeting and spoke in opposition to the proposed ordinance to increase the in-lieu parking fee from $6,000 to $12,000. Opposition was also expressed by the CRA Director and others involved in downtown redevelopment efforts, because of concerns that the fee increase and revisions to restaurant parking regulations were excessive. The City Commission decided to table action on the ordinance until January in order to give the Parking Management Advisory Board (PMAB) an opportunity to review the fee options and consider using different fees for each area based on cost. The Parking Management Advisory Board reviewed the proposed in-lieu fee provisions at its meeting of January 4, 1999. Discussion was limited to the fee schedule, financing provisions and restaurant parking requirements. No changes are proposed for the other provisions of the ordinance. It is recommended that the proposed changes in parking regulations for restaurants be deleted from the proposed ordinance for additional study. Similarly, Pineapple Grove Mainstreet's request to reduce the parking requirements for restaurants in Pineapple Grove from 6 spaces per 1,000 square feet to 1 space per 300 square feet should also be deferred pending additional analysis. The appropriateness of reduced parking requirements as a tool to spur redevelopment efforts and the impact on adjacent areas should be investigated prior to making any changes to the current code. If it is determined that the proposed changes are warranted, a comprehensive ordinance dealing with restaurant parking requirements for the downtown and adjacent redevelopment areas could then be developed. The Board discussed financing issues, and whether or not interest should be charged. The consensus was that, given the short timeframe to finance the in-lieu fee payment, there should not be any interest charged for those who finance payment of the fees. The recommendation was approved by a 7/0 vote. This is consistent with the Board's earlier recommendation. The provision to charge interest had been added to the proposed ordinance by the Planning and Zoning Board who felt that there should be some incentive to pay up-front. The financing schedule was reviewed by the PMAB and changed from a 2-year payment plan to a 3-year payment plan. Under the revised schedule, 50% would be due at signing of the agreement, 0% due on the first anniversary date, 25% on the second anniversary date and 25% on the third anniversary date. This schedule gives the developer 2 years to recover from the initial payment before the second payment is due. The recommendation passed by a vote of 4/3. City Commission Documentation Workshop Meeting of January 12, 1999 - In-Lieu Parking Fees Page 2 Discussion on the fee amount was centered on whether or not to have one fee or divide the area into districts with fees based on land values. A map of the areas and revised tables depicting parking costs for each area including separate costs for Pineapple Grove Mainstreet, and Pineapple Grove Mainstreet combined with OSSHAD were presented to the Board. There was considerable debate over this issue and several Board members supported a one-fee program of between $8,000 and $10,000. A motion for one fee at $9,000 failed by a vote of 2/5. The Board considered various methods of dividing the in-lieu areas and calculating the fees. In order to maintain fairness throughout the area, the following methodology was recommended: 1) The in-lieu fee should be based on actual costs. 2) The costs should be calculated on four different areas (see attached map): a) CBD - East of Intracoastal Waterway b) CBD - West of Intracoastal Waterway c) Pineapple Grove Mainstreet and OSSHAD d) West Atlantic Avenue Redevelopment Area 3) The fees should be based on the likelihood of installing either garage or surface parking, depending on the area as follows: a) CBD - East of Intracoastal Waterway- Garage b) CBD - West of Intracoastal Waterway- Garage c) Pineapple Grove Mainstreet and OSSHAD - Surface Lot d) West Atlantic Avenue Redevelopment Area - Surface Lot. Utilizing the above methodology, the following fee schedule was recommended by the Board. This schedule was approved by a vote of 4/3. Proposed In-lieu Fees by Area CBD - East of Intracoastal $13,998 (garage) I $14,000 CBD -West of Intracoastal $11,614 (garage) I $12,000 Pineapple Grove and OSSHAD $ 7,464 (surface lot) I $ 7,000 West Atlantic Avenue $ 4,832 (surface lot) I $ 5,000 Review the recommendations of the PMAB and provide direction to staff as to the provisions to be included in the revised ordinance, which is scheduled for consideration by the City Commission on January 19, 1999. Attachments: · Addendum · Proposed In-Lieu Fee District Map The following tables depict the land values and construction cost of parking within the areas where the in-lieu fee option is allowed. Table 1 Property Values for Selected Areas (Palm Beach County Property Appraiser) CBD - East of Intracoastal 39 $ 44.76 $ 31.28 CBD - West of Intracoastal 210 $19.49 $16.22 OSSHAD 188 $ 9.49 $ 8.98 West Atlantic Avenue 215 $ 6.57 $ 4.07 Entire Area 782 $16.19 $ 9.72 Pineapple Grove 130 $11.16 $10.71 OSSHAD & P. Grove 286 $10.36 $9.92 Table 2 Land Cost per Parking Space Pineapple Grove $11.16 $ 5,022 $1,730 $10.71 $4,819 $1,660 OSSHAD & P. Grove $10.36 $ 4,662 $1,606 $ 9.92 $ 4,464 $1,538 Note: Based on 450 sq. ft. per space for surface parking and 155 sq. ft. per space in 3-level garage (300 spaces) Table 3 Total Cost per Space by Area (Land & Construction) CBD-East of Intracoastal $14,076 $ 3,000 $17,076 $ 4,848 $ 9,100 ~ CBD-West of Intracoastal $ 7,299 $ 3,000 $10,299 $ 2,514 $ 9,100 OSSHAD $ 4,041 $ 3,000 $ 7,041 $1,392 $ 9,100 $10,492 West Atlantic Avenue $1,832 $ 3,000 $ 631 $ 9,100 $ 9,731 Entire Ama $ 4,374 $ 3,000 $ 7,374 $1,507 $ 9,100 $10,607 Pineapple Grove $ 4,819 $ 3,000 $ 7,819 $1,660 $ 9,100 $10,760 OSSHAD & P. Grove $ 4,464 $ 3,000 ~i $1,538 $ 9,100 $10,638 Note: Cost per space for land from Table 2, (Median Land Values). [ITY JIF I]ELRIW BER[H DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 MEMORANDUM ® TO: David T. Harden 993 City Manager FROM: t'~ Robert A. Barcinski Assistant City Manager DATE: January 7, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION WORKSItOP JANUARY 12, 1999 VALET PARKING Staff is seeking City Commission direction on how they would like to proceed with valet services. On January 4, 1999, at the Parking Management Advisory Board meeting, the Board unanimously agreed with staff's recommendation to abandon efforts to try to secure a central, single valet service in the downtown area and to proceed with individual agreements with changes and conditions. These changes and conditions are as follows: · Queues will be established by the City at the following locations: · 1 st block south side of Atlantic Avenue east of Swinton Avenue · 3rd block south side of Atlantic Avenue east of Swinton Avenue · 5th block north side of Atlantic Avenue east of Swinton Avenue · 1st block south side of Atlantic Avenue west of A-1-A · Queues will be expanded to approximately six (6) spaces and are to be shared by more than one business. · The City will charge a queue fee of $50.00 per space per month. · Queue locations can be changed by the City based on traffic conditions. · The company, that the agreement is with, will be required to lease private parking spaces or use their own lots for valet parking, not City lots or on street parking. · Lots used for valet service must meet City Code requirements, at least temporary lot requirements. · Company must show proof of liability insurance for valet company they hire. · City signage is to be provided to mark off the valet queues. {~ ~/.~ o. ~/~ ~,~ THE EFFORT ALWAYS MATTERS ,~/r. ~. _ Agenda Item City Commission Workshop January 12, 1999 Valet Parking Page #2 Staff and the Parking Management Advisory Board are making the recommendation at this time because: · we have not been able to secure a lot for use east of the intracoastal and feel it will take additional months to come to an agreement with the church, if then. · private lot leases would cost the city approximately $30,000 per year. The vendor of choice, Omni Parking, was only willing to pay 50% of these costs and wanted authority to charge for parking in downtown lots for special events. The Board and staff feel private lots should continue to be used for valet parking, so as not to negatively impact public parking. · all existing valet parking agreements have expired, and it was felt there was a need to renew these leases to continue the service, but with conditions. Attached is a staff memo sent to the Board with additional information. RAB/tas Attachments File:u:sweertey/agenda Doc:OlO799b. doc To: .Parking Management Advisory Board From: ~Robert A. Barcinski, Assistant City Manager Date: 12/23/98 Re: Valet Parking Current Background Information: · Unable to date, to secure an agreement with the Church to lease spaces for valet service. In addition to cost concerns verbal communications indicate that the church would be seeking additional concessions including, street and alley abandonment's, purchase of additional property by the City and construction of additional spaces. I see this as becoming an involved 3 to 4 month negotiating process. The Church also does not want to provide 100 spaces needed 12/1 through 4/30. Update Existing Private Lot Leases: · 32 East - 60 spaces $1,000 month/12months $12,000 · Peters Stone Crab - 30 spaces 1/1 - 4/30 $ 1,400 · Grove Square- 50 spaces Sun Trust $10,600 12/1 - 4/30 $1,000 month and 5/1 - 11/30 @ $800 month (Lease has been canceled per Sun Trust)~ Total $24,000 · Omni Parking has agreed to only pay 50% of the lease agreements and would require the City to allow them to run a self parking operation in existing City Lots. They would charge $2 - $3, and give the City 68.5% of gross receipts (for special event nights and other events when the street is closed). Other Information: · Existing valet agreements have expired with no renewal provisions. Parking Management Advisory Board Valet Parking Page 2 December 23, 1998 · No insurance on record for existing agreements. · Another request has been received from Caf6 Luna Rosa for a valet agreement. Options: · Continue to try to resolve central valet service parking and lease issues and try to get an agreement (could take 3-4 more months). · Allow individual agreements with changes and conditions. Staff Recommendation: I met on 12/22/98 with Chris Brown, Shelley Treadwell, Ron Hoggard, Diane Dominguez, Captain Gillard, and Sargent Finely to discuss this item. Staff recommends that we discontinue trying to obtain a one-company valet service and utilize individual agreements with the following conditions and changes. · Queue locations to be centralized and established by the City. · Require payment of monthly fee for queue spaces. · Private lots would have to be used for valet parking. Public on street and off street lots would not be allowed, the company having an agreement with the City would have to pay the lease cost. · Liability Insurance would be required to be in place. · Require queue sharing by multiple businesses. · Lot used to park in must meet City requirements; at least temporary parking lot requirements. · Provide 4-6 queue spaces per location. Suggested queue charges - $50 per space Suggested queue locations: * South side 1st block on Atlantic Avenue east of Swinton * South side 3~d block on Atlantic east of Swinton · North side 4th block on Atlantic east of Swinton * South side of Atlantic spaces west of A-1-A but not on A-1-A Parking Management Advisory Board Valet Parking Page 3 December 23, 1998 A majority of staff felt that no queue should be allowed in the first block on Atlantic east of Swinton. Alternatives included: SE 1st Avenue (side street) 2nd block South side Atlantic east of Swinton (combine 1st and 3rd block queues) Queue Sharina: The group felt this provision could be written into the agreements with both the initial applicant and any other applicants who wish to use same queue, Control would be private lot lease requirements and signage of queue areas. RAB:ags cc: Diane Dominguez, Director of Planning and Zoning ,,~ Captain Gillard, Delray Beach Police Department Sgt. Finley, Delray Beach Police Department . file:allen:asmemOSdoc:pm12231 ~'~""'/~~ [IT¥ I]F i]ELIII:I¥ Bffi[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 MEMORANDUM ~ TO: David T. Harden 993 City Manager FROM: ~ Robert A. Barcinski Assistant City Manager DATE: January 7, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION WORKSHOP JANUARY 12, 1999 VETERANS PARK PARKING LOT At the Parking Management Advisory Board meeting on January 4, 1999, the Board unanimously voted to recommend to City Commission to install parking meters in Veterans Park parking lot, with 2 hour limits, from 8:00 a.m. to 8:00 p.m., and implement a system to allow patrons of the Adult Center and customers of the Ramblin Rose to park for no charge. This item is on the agenda for discussion and direction from City Commission. In May of 1998, we received a request from Mr. Weldon to reserve the east side of the lot for park and adult center use only. The reason for the request was that spaces were being used by employees of businesses in the area and the booting being done at Atlantic Plaza, adding an additional burden on the lot's use. This was negatively impacting the programs at the Adult Center and park use. The Board felt that reserving these spaces would be difficult to enforce and that a better option might be to meter the lot or set time limits. However, the Board felt that a solution to the booting problem in Atlantic Plaza should be reached first and directed that I, along with the Chamber of Commerce's assistance, try to resolve this problem. Mr. Wood has met with the manager many times and discussed by telephone with the owner different options to resolve the booting problem. We have been unsuccessful in trying to work out any sort of agreement or compromise with the owner and do not think we will. In the meantime, the parking problem at Veterans Park has gotten worse, especially now at the height of the season. Employees of many of the businesses in the area are using this lot even in the evening. The Board recommended installing two hour parking meters to try to alleviate some of the impacts on this lot from employee parking. The recommendation also includes issuing date and time stamped window passes to patrons of the Adult Center and the customers of the Ramblin Rose II so that they would not have to pay to park. This item is on the agenda for discussion and input from City Commission. RAB/tas Attachments File:u:sweeney/agenda Doc:OlO799a. dac ~}~..~~o~ th[ EffORt ALWAYS MATTERS ~//~' To: ,,~arking Management Advisory Board From: ~/Robert A. Bar¢inski, Assistant City Manager Date: 12/2 3/0 8 Re: Yeteran~ ~ark Parking I~ue~ ..-- Current Background: A number of months ago we received a request from the Parks and Recreation Director, Mr. Joe Weldon to restrict parking in the Veterans Park Parking lot and to reserve parking for users of the Adult Center. After discussion, the Board directed staff to work with Mr. Bill Wood, President Delray Beach Chamber of Commerce to try and find a solution to the booting problem at Atlantic Plaza as part of the solution to the Veterans Park problem. The Board suggested that we try to combine both lots, gate, charge for parking and provide a credit to customers of the Plaza and the Adult Center. After repeated discussions with the Plaza property owner, Mr. Wood and I have concluded that we are at a stand still in terms of resolving the booting issue. The owner has to date, rejected all ideas presented. Mr. Wood and I will again approach the property owner to determine if there would be any agreement to lease, at least at night, Plaza owned spaces on NE 1st Avenue and the lot on the north side of their property. However, in the meantime we continue to have parking problems at Veterans Park and Mr. Weldon is again seeking the Boards assistance in helping to reserve spaces in Veterans Park lot for residents using the adult center both during the day and at night. Parking Management Advisory Board Veterans Park Parking Issues Page 2 December 23, 1998 As observed by our police department personnel, almost 50% of the vehicles using Veterans Park lot are going to Atlantic Plaza, many of them being employees. In addition we have been told that other businesses in the area have directed their employees to use Veterans Park including night time use. Options: · Meter lot · Place 2 hr limit on lot '~Possible Conditions: · Reserve spaces for Adult Center use and Ramblin Rose · Extend hours of meter use or restrictions until 8 - 10 PM Staff Recommendation: Staff is seeking direction from the Board but would recommend 2 hr parking limits, 8AM - 8PM, reserve spaces for Adult Center and Ramblin Rose, controlling use by these customers by issuing rear view mirror parking permits as site is used (permits can be dated & time stamped). RAB:ags cc: David T. Harden, City Manager Joe Weldon, Director of Parks and Recreation RECEi VED DELRAY BEACHMEMORANDuMPOLICE DEPARTMENT /V0 [/0 q I998 A S~l,._qT CITy A/IA ~/ANT TO: Robert A. Barcinski Assistant City Manager FROM: Lieutenant Mark Davis 'Y,~ Special Operations, District DATE: November 5, 1998 SUBJECT: VETERANS PARK SURVEY Today I counted vehicles parking in Veterans Park between 0800 - 1300 hours: · Atlantic Plaza - 31 cars and 3 deliveries · Adult Recreation - 22 cars and 2 deliveries (excluding city tracks) · Veterans Park - 5 vehicles · Ramblin Rose - 5 vehicles MD:baw Note: No vehicle was counted more than once. Atlantic Plaza & Ramblin Rose vehicles leave and return periodically. Memo To: David Harden, City Manager ~ ~ Frorrc Lula Butler, Director, Community Improvement Date: January 7,1999 Re: Proposed Revisions to Chapter 51, GarbagejTrash and Chapter 100 Nuisance Abatement ITEM BEFORE THE COMMISSION: Presentation by staff on proposed changes to Chapter 51, governing Garbage and Trash and Chapter 100, Nuisance Abatement of the City' s Code of Ordinance. BACKGROUND: City Commission approved changes to the contract for its contracted Waste Hauler and increased the residential garbage fee at their regular meeting of October 5, 1998, to fund one new Clam Truck, assigned to the Code Enforcement Division. Under the new provisions of their contract, BFI will provide the driver and equipment five (5) days per week during the regular business day, to the Code Enforcement staff. The equipment will be utilized to collect garbage, bulk, and vegetation and if necessary, recycling materials that have been placed at curbside at unauthorized times and/or at unauthorized locations. The contract limits BFI's use of the new equipment for this specific purpose and restricts the use of this equipment for all other regular services. In order to implement and employ the use of this clam truck, staff is recommending changes to both Chapter 51 and 100 of the Code of Ordinance establishing a fee for services and revised notice requirements. The proposed changes are summarized as follows: Chapter 51: 1. The Clam Truck will be utilized to collect garbage, bulk, vegetation and if necessary, recycling materials placed at curbside at unauthorized times and/or at unauthorized locations. Property owners or the occupant (currently receiving the water bill) will be billed for the collection of these materials at $11.50 per cubic yard. The minimum charge will be $11.50 and all billings will be to the nearest whole cubic yard. · Page I /4.£. 2. The actual billing will be performed by the Utility Billing Division of Finance, based on detailed information submitted by Code Enforcement. Charges for materials collected will be added to the water bill of either the owner or tenant of the property at which a collection is made. In all other cases, such as vacant lots, the owner of the appropriate real property will receive a separate invoice. 3. BFI will be reimbursed for disposal at $11.50 per cubic yard only for materials they would not have been required to collect under the provision of the existing contract, i.e. curbside collections at commercial locations. 4. Clarifies that all vegetation, bulk trash, garbage and recycling materials must be placed at curbside no earlier than 5:00PM on the day prior to the regular scheduled collection day. The same must be at curbside ready for pick up by 6:00AM of the scheduled pick up day. Chapter 10(k Currently, we must mail a notice to a property owner each time a nuisance (such as overgrowth or litter) is noted and allow at least ten (10) days before abating the cited nuisance. Since many of the nuisances cited are repeated, the current procedure can result in significant time delays between when a nuisance is detected and when it is abated. The major change proposed to this ordinance is with the notice requirements; it is summarized as follows: 1. The proposed change provides for one notice advising of specific types of public nuisances be mailed to the affected property owner within a twelve (12) month period. Any recurrence of the nuisances within a 12-month period results in immediate abatement of the repeated nuisance and invoicing the property owner for services rendered. 2. Provides for a procedure for property owners to appeal the immediate abatement action by submitting a written petition to the City Manager for a hearing before a three-person board within certain timeframes. RECOMMENDATION: Staff is recommending City Commission consideration of the proposed changes to Chapter 51 and 100 of the Code of Ordinances as presented by staff, provide direction to staff for any changes, authorize the submission of approved changes to these Ordinances for first reading and Public Hearing. · Page 2 ORDINANCE NO. -98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.22, "VEGETATIVE WASTE", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.23, "BULK TRASH", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.40, "PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.99, "PENALTY", TO CLARIFY THE PENALTY FOR A VIOLATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to clarify portions of this ordinance concerning collection and set out times for garbage and trash. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 51, "Garbage and Trash", Section 51.22, "Vegetative Waste", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.22 VEGETATIVE WASTE. (A) Vegetative waste shall be collected from t~e residen:es residential areas at least one time per week and shall be on the same day as one of the collection days for solid waste. Collection shall begin no earlier than 6:00 a.m. and cease no later than 6:00 p.m.. Vegetative waste shall be placed adjacent to the pavement or traveled way of the street. Residents shall bag or containerize all grass clippings, leaves, pine needles and similar loose items whenever possible. Large vegetative waste items must not be more than six (6) feet in length or fifty (50) pounds in weight, and shall be placed neatly at the curb. In the event of a dispute between the contractor and a customer as to what constitutes vegetative waste, the situation will be reviewed and decided by the City Manager, whose decision shall be final. Vegetative waste shall be placed curbside no earlier than 5:00 p.m. on the day prior to the regular scheduled collection day. Vegetative waste that is not placed curbside on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. (B) At the request of the City or at the request of a resident, the contractor shall collect vegetative waste on a day other than the regular scheduled collection day at a cost to the resident equal to $11.50 per cubic yard. The contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. Upon receipt of payment, the contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the contractor and the resident. (C) If vegetative waste is placed curbside at time periods or at locations outside of those allowed by Subsection (A), and a resident has not called in to request a pickup as set forth in Subsection (B), then the City or its Contractor may collect the vegetative waste and a fee of $11.50 per cubic yard will be charged to the resident or business for the collection of the vegetative waste if such collection is not performed on the regular scheduled collection day. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. Section 2. That Chapter 51, "Garbage and Trash", Section 51.23, "Bulk Trash", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.23 BULK TRASH. (A) Bulk trash shall be collected from ~:e, side, ac,~ residential areas within the City no more than once per week. The bulk trash pickup day shall coincide with the first or second refuse collection day, which shall be a Monday/Thursday, Tuesday/Friday or Wednesday/Saturday of each week. Bulk trash shall be placed curbside no earlier than 5:00 p.m. on the day prior to the regular scheduled collection day. Bulk trash that is not placed curbside on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. (B) At the request of the City or at the request of a resident, the contractor shall collect bulk trash on a day other than the regular scheduled collection day at a cost to the resident equal to $22.00 per cubic yard. The contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. However, if the City requests the pickup and the contractor is unable to collect payment from the resident, then the contractor shall collect the bulk trash and the resident shall be billed by the City for the extra charge. When Payment is made to the City for the extra charge then that amount shall be forwarded to the contractor. Upon receipt of payment by the resident, the contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the contractor and the resident. 2 (D)(C) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or container with ......... ~ ~,,,.v;,,,~, a,~,,; ................ ..... ~,oo ,},8 deer Eas been reme:'ed any doors, lids or closures of any type in place. This prohibition shall not apply to any appliance, refrigerator or container at a commercial establishment which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to an extent that it is impossible for a child to obtain access to any__";"*;-h'_~,._ compartment thereof. (D) If bulk trash is placed curbside at time periods or at locations outside of those allowed by Subsection (A), and a resident has not called in to request a pickup as set forth in Subsection (B), then the City or its Contractor may collect the bulk trash and a fee of $11.50 per cubic yard will be charged to the resident or business for the collection of the bulk trash if such collection is not performed on the regular scheduled collection day. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. Section 3. That Chapter 51, "Garbage and Trash", Section 51.40, "Placement of Containers and Trash; Precollection Practices", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.40 PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES. (A) Blockage of storm drains. It shall be unlawful for any person to place any refuse, trash, refuse receptacles or containers on, upon or over any storm drain or so close thereto as to be drawn by the elements into the storm drain or to block the flow of water into the storm drain. (B) Dangerous trash items. It shall be unlawful to place dangerous trash items and all waste materials of injurious nature in containers unless they are securely wrapped so as to prevent injury to the collection crews and others. Dangerous trash and waste materials shall include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and television tubes. (C) Hazardous waste. It shall be unlawful to place hazardous waste in any receptacle used for collection by the City. c .... e ~-h,:. ;t,~,ao 1;t,,,~,-1 ;, .~ [n~ ;~ ~!2:ed in waste. The items listed in part (B) may be classified as hazardous waste unless properly wrapped to prevent injury to collection crews and others. (D) Garbage and trash. It shall be unlawful to place, in garbage receptacles, trash which has not been drained of all liquids. Any items of trash which are too large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may be placed at curbside no earlier than 5:00 p.m. on the day preceding the collection date for that material, provided those items are covered or secured so as to avoid unsightly litter conditions. Any garbage receptacle may not be placed at curbside earlier than 5:00 p.m. on the day preceding the collection day and must be removed by 7:00 p.m. on the day of collection. Garbage and trash that is not placed curbside on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. If garbage and trash is placed curbside at any time other than the time periods allowed, the City or its Contractor may collect the garbage and trash and a fee of $11.50 per cubic yard will be charged to the resident or business for such collection. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. The fee shall be placed on the resident or business's water bill. If the resident or business does not receive a water bill then a separate bill for this charge shall be sent to the property owner. (F)(E) Mechanical containers. (1) Placement of containers emptied by mechanical means shall be determined by the City Manager. The following materials shall not be permitted to be placed in those containers: (a) Tires. (b) Motor vehicle parts, including, but not limited to batteries. (c) Carpet or padding larger than three feet by three feet. (d) Metal pipe in excess of 1/2-inch by three feet. (e) Construction or building materials. (f) Wood in excess of one inch by two inches by three feet. (2) It shall be unlawful for anyone to place or maintain materials or place any vehicle under their control, whether temporarily or permanently, so as to block access to any mechanical container. (G)(F) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in containers as specified herein. All containers shall be kept covered at all times with tight- fitting covers. tm(~,~ Vegetative waste. Vegetative waste shall be placed only near the edge of the roadway adjacent to the property from which it was generated. Placement of vegetative waste in an alleyway is prohibited unless approved in advance by both the City and its contractor. Vegetative waste for collection shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the collection date. ~4(H) Recycling. (1) Recycling containers shall be placed beside the curb adjacent to the roadway no earlier than 5:00 p.m. on the day preceding the collection date for the material, provided those items are covered or secured so as to avoid unsightly litter conditions. The collection shall coincide with the first or second refuse collection day. Any container placed at curbside must be removed Dy 7:00 p.m. on the day of collection. A recycling container that is not placed curbside on the collection day by 6:00 a.m. may not be collected by the contractor if the contractor has already passed the residence. (2) If recycling containers are placed curbside at time periods or at locations outside of those allowed by Subsection (1), the City or its contractor may collect the recycling matter and charge a fee of $11.50 per cubic yard. The minimum charge shall be $11.50 and all charges shall be to the nearest whole cubic yard. Such fee will be placed on the resident's or business' water bill. Section 4. That Chapter 51, "Garbage and Trash", Section 51.99, "Penalty", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.99 PENALTY. Any violation of this chapter shall be governed by Section 10.99, "General Penalty" or Chapter 37, "Delray Beach Code Enforcement", or Chapter 100, "Nuisances". 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 all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 5 Section 7. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of 1999. MAYOR ATTEST: City Clerk First Reading Second Reading garbagel .ord 6