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11-03-98 Regular DELRA~ BEACf NOVEMBER 3, 1998 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M. ~ COMMISSION CHAMBERS ~ ~ The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph 243-7127 (voice), or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Special Meeting of October 13, 1998 Regular Meeting of October 20, 1998 6. Proclamations: A. OF NOTE: Bible Week - November 22 thru 29, 1998 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF MEMORANDUM OF UNDERSTANDING AND COLLECTIVE BARGAINING AGREEMENT/POLICE BENEVOLENT ASSOCIATION: Approve and ratify the Memorandum of Understanding and the Collective Bargaining Agreement between the City and the Police Benevolent Association (Police Officers and Sergeants) for the period October 1, 1998 through September 30, 2000. B. IN LIEU OF PARKING FEE AGREEMENT/VILLAS DELRAY: Approve the in lieu of parking fee agreement for Villas Delray, a proposed mixed use development to be located at the southeast corner of N.E. 4th Avenue and N.E. 1st Street. C. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify the action approved by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of October 15, 1998. D. RULES OF THE BOARD OF CONSTRUCTION APPEALS: Approve the rules of procedure of the Board of Construction Appeals as adopted by the Board on October 28, 1998. Regular Commission Meeting November 3, 1998 E. JOINT CHECK AGREEMENT FOR RECYCLED PLASTIC FURNITURE: Approve a Joint Check Agreement with American Earth Friendly Corporation and McEwen Lumber Company, Inc. wherein the City agrees to write a joint check for materials incorporated into the recycled plastic furniture bid previously awarded to American Earth Friendly Corporation. F. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS WITH FOUR SUBRECIPIENTS: Authorize the execution of funding agreements with four subrecipients (Mad Dads, Alpha Time Child Care Center, Community Child Care Center, and Urban League of Palm Beach County) under the Community Development Block Grant (CDBG) program for FY 1999, with total funding in the amount of $97,850 from various accounts within the CDBG fund. G. INTERLOCAL AGREEMENT WITH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING SERVICES: Approve an interlocal agreement with the CRA wherein the City will provide planning services for the production of redevelopment and/or neighborhood plans for the North Federal Highway corridor, Osceola Park and the Central Business District. H. SERVICE AUTHORIZATION ~36/HELLER, WEAVER & CATO (SURVEYING FOR SOUTHWEST STREET IMPROVEMENTS): Approve Service Authorization %36 in the amount of $12,810 with Heller, Weaver & Cato, Inc. for surveying services associated with the S.W. 1st Avenue, S.W. 1st Street and S.W. 3rd Street improvements project, with funding from 442-5178-536-63.98 (W&S Renewal & Replacement S.W. 1st Water Main). I. SERVICE AUTHORIZATION ~8/CH2M HILL (BENCH SCALE MEMBRANE TREATMENT STUDY): Approve Service Authorization %8 in the amount of $107,964.00 with CH2M Hill for consulting services in conjunction with a bench scale membrane treatment study for compliance with EPA requirements under the Information Collection Rule section of the Safe Drinking Water Act, with funding from 441-5122-536-31.30 (Water Treatment & Storage Engineer/Architect). J. SERVICE AUTHORIZATION ~6/MPA ARCHITECTS (POMPEY PARK BALLFIELD IMPROVEMENTS): Approve Service Authorization %6 in the amount of $25,890.00 with MPA Architects, Inc. for the design, bidding and construction phase services for the Pompey Park Ballfield Improvements project, with funding from 334-4172-572-63.03 (General Construction Fund/Pompey Park Ballfield). K. RESOLUTION NO. 65-98: Approve a resolution assessing costs for nuisance abatement action required for the emergency board-up of an unsafe structure at 1630 South Congress Avenue within Delray Estates. -3- -Regular Commission Meeting November 3, 1998 L. RESOLUTION NO. 66-98: Approve a resolution assessing costs for abatement action required to remove nuisances on 30 properties throughout the City. M. RESOLUTION NO. 67-98: Approve a resolution assessing costs for abatement action required to remove nuisances on 11 properties throughout the City. N. RESOLUTION NO. 68-98: Approve a resolution assessing costs for abatement action required to remove nuisances on 8 properties throughout the City. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 19 thru October 30, 1998. P. AWARD OF BIDS AND CONTRACTS: 1. Bid award at an estimated annual cost of $215,850.03 to multiple vendors for the purchase of pipe fittings and accessories, with funding from various departmental FY 1999 operating budgets. 2. Purchase award in the amount of $42,320.00 to Molloy Brothers, Inc. for the emergency replacement of a sanitary manhole adjacent to lift station 83, with funding from 442-5178-536-61.84 (W&S Renewal & Replacement - Manhole Rehabilitation). 3. Purchase award in the amount of $26,920.00 to Milner Business Products, Inc., via SNAPS (State Negotiated Agreement Price Schedule), for the purchase of a new TEAC 24 channel digital logging recorder for the Police Department which will upgrade the existing system for Year 2000 compliance. Pricing includes equipment, installation and training, with funding from 001-2113-521-64.90 (Police Support Services - Other Machinery/Equipment). Palm Beach County has committed to reimbursing the City for this purchase. 9. Regular Agenda: A. CONDITIONAL USE REOUEST/FINA GASOLINE STATION: Consider a request for conditional use modification approval associated with the demolition of an existing gasoline station and construction of a new gasoline station with convenience store/food mart for FINA Gasoline Station. The subject property is located at the northwest corner of West Atlantic Avenue and Barwick Road, and is zoned GC (General Commercial) District. QUASI-JUDICIAL PROCEEDING Regular Commission Meeting November 3, 1998 B. REQUEST FOR RECONSIDERATION OF WAIVER (NONCONFORMING LOT IN THE DEL-IDA PARK HISTORIC DISTRICT): Reconsider a request to waive LDR Section 4.1.4(C) to allow a nonconforming lot of record located on NE 7th Street in the Del-Ida Park Historic District, which is under the same ownership as an adjacent lot to be sold as a separate buildable lot. QUASI-JUDICIAL PROCEEDING C. RESOLUTION NO. 69-98: Consider approval of a resolution vacating and abandoning the north/south alley right-of-way lying within Block 2, Lake View Heights, but reserving and retaining to the City an easement over the entire area thereof, located between N.W. 7th and N.W. 9th Streets and between N.W. 1st and N.W. 2nd Avenues, based upon positive findings. D. APPOINTMENT TO THE EDUCATION BOARD: Appoint a student member to the Education Board for a two year term ending July 31, 2000. The appointment will be made by Commissioner Schmidt. 10. Public Hearings: A. ORDINANCE NO. 46-98 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.3.4(J), "Height", Section 4.3.4 (K), "Development Standards Matrix", Section 4.4.3(H), "Special Regulations", and Appendix "A" (Definitions) regarding "large homes" regulations. If passed, a second public hearing will be scheduled for November 17, 1998. B. ORDINANCE NO. 43-98: An ordinance amending LDR Section 4.3.4 by repealing Section 4.3.4(E), "Frontage", and enacting a new Section 4.3.4(E), "Front and Frontage", to provide clarifying language; amending Appendix "A" (Definitions) by repealing the current definition of 'frontage' and enacting a new definition of 'frontage', and by enacting a new definition of 'lot front' 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. 47-98: An ordinance amending LDR Section 4.6.9(E), "Location of Parking Spaces", and Section 4.4.13(G), "Supplemental District Regulations" in the CBD, regarding in-lieu of parking regulations. If passed, a public hearing will be scheduled for November 17, 1998. B. ORDINANCE NO. 48-98: An ordinance rezoning the City's Public Works warehouse property from FCC (Planned Commerce Center) to CF (Community Facilities) District. The subject property is --5- Regular Commission Meeting November 3, 1998 located at the southwest corner of Lake Ida Road and the CSX Railroad, approximately 480 feet east of Congress Avenue. If passed, a quasi-judicial public hearing will be scheduled for November 17, 1998. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission WHEREAS, the Bible is the foundational document of the Judeo-Christian principles upon which our nation was conceived; and WHEREAS, the Bible has been a constant source of moral and spiritual guidance for Americans throughout our history; and WHEREAS, the Bible has profoundly influenced our nation's art, literature, music, laws and sense of charity; and WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions of Americans today; and WHEREAS, for 58 years, women and men of all faiths have banded together with the National Bible Association to sponsor National Bible Week as a time to remind their fellow Americans of the Bible's unique place in American life; and WHEREAS, this annual emphasis has helped to strengthen spiritual understanding throughout America by encouraging personal reading and study of the Bible. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim November 22 through 29, 1998, as BIBLE WEEK in Delray Beach, Florida, and urge all of our citizens to participate in the observance of Bible Week by reading the Bible and discovering for themselves its values for personal and community life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of November, 1998. MAYOR JAY ALPERIN SEAL Crr 0 '-", '- ,,m ,r, ~.;, OFFICE OF : .i ...... - ":....L__~ ..... GLENDA E. HOOD f MAYOR October 8, 1998 Dear Fellow Mayor: The National Bible Association is sponsoring, for the 58~ consecutive year, the interfaith observance of National Bible Week. It will take place November 22 to 29, 1998. I am privileged to serve as Chair of the Mayors Committee for this celebration. I ask that you issue a proclamation calling for Bible Week observance. A draft is enclosed for your use. Please adapt this in whatever way you wish. For National Bible Week the sponsors are providing the media with materials for a public service advertising campaign designed to remind all Americans of the Bible's importance. Also, nonsectarian biblical materials are being provided for free distribution in local observances throughout the nation. If you send a copy of your proclamation to the Chair of National Bible Week, Nicholas G. Moore, it will be displayed at the National Bible Week Interfaith Inaugural Luncheon which will be held at the St. Regis Hotel in New York City on Friday, November 20, 1998. Send your proclamation to: National Bible Association, 1865 Broadway, 7a Floor, New York, New York 10023, Attention: Mr. Nicholas G. Moore, National Chair. It should reach New York by November 13 to be included in the display at the luncheon. I greatly appreciate your cooperation in this effort. Sincerely, Glenda E. Hood Mayors chair National Bible Week 1998 Enclosures CITY HALL · 400 SOUTH ORANGE AVENUE ' ORLANDO, FLORIDA 32801-3302 PHONE 407-246-2221 · FAX 407-246-2842 · http://www.ci.orlando.fl.us City of Orlando clam ti0n WHEREAS, the Bible is the foundational document of the Judeo- Christian principles upon which our nation was conceived; WHEREAS, the Bible has been a constant source of moral and spiritual guidance for Americans throughout our history; and WHEREAS, the Bible has profoundly influenced our nation's art, literature, music, laws and sense of charity; and WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions of Americans today; and WHEREAS, for fifty-eight years women and men of all faiths have banded together with th'e National Bible Association to sponsor National Bible Week as a time to remind their fellow Americans of the Bible's unique place in American life; and WHEREAS, this annual emphasis has helped to strengthen spiritual understanding throughout our nation by encouraging personal reading and study of the Bible; NOW, THEREFORE, 1, GLENDA E. HOOD, Mayor of the City of Orlando, hereby do Proclaim November 22 to 29, 1998 as "BIBLE WEEK" in the City of Orlando, and encourage all of our citizens to participate in this observance by reading the Bible and discovering for themselves its values for personal and community life. IN WITNESS WHEREOF, I hereunto have set my hand and caused the Seal of the City of Orlando to be afftxed this Vh day of October, 1998. Mayor of Orlando MEMORANDUM TO: David T. Harden, City Manager FROM: Edward J. Gusty, Human Resources Director DATE: October 21, 1998 SUBJECT: PBA LABOR AGREEMENT October 1, 1998 through September 30, 2000 Police Officers and Sergeants The attached materials represent a new two (2) year labor agreement and an implementation Memorandum of Understanding between the City of Delray Beach and the Police Benevolent Association. Essentially, in order to maintain a viable position in recruiting and retaining qualified personnel for Police Officer duty, the contract increases the starting rate for Police Officer to $30,000, effective October 1, 1998, and allows the Chief of Police the discretionary authority to hire Florida State Certified Police Officers and/or those with academic degrees (Associated/Bachelor degree level) at a rate of up to 10% above the entry rate. This procedure is consistent with the City's Personnel Policies for other City employees. Additionally, the Memorandum of Understanding allows for a one time Salary Plan implementation adjustment of $1,400 paid to all officers covered by the new agreement, primarily to offset compression issues at the new base rate for hiring. These are the essential changes in the agreement which, hopefully, shall assist in the recruitment and retention of qualified personnel for the City of Delray Beach Police Department. PBACOMSS.doc/nj Attachments MEMORANDUM OF UNDERSTANDING The CITY OF DELRAY BEACH, FLORIDA and the POLICE BENEVOLENT ASSOCIATION (the parties) agree as follows: 1. That effective 10/01/98, all employees covered by the new agreement shall receive a one time Salary Plan Implementation Adjustment (SPIA) of $1,400. All other compensation shall be as set forth in the labor agreement. 2. That a Patrol Incentive shall be paid to qualifying employees effective with the first payroll period following, the annual shift selection process within the Police Department. This incentive is designed to attract and compensate experienced patrol officers and sergeants to work the evening and midnight shifts. Only regular uniform patrol officers and sergeants assigned to these specific shifts and approved by the Chief of Police, shall be eligible for such compensation. A total of seven (7) slots on the 4- 12 shift and seven (7) slots on the 12-8 shift shall be allocated for this Patrol Incentive (exclusive of sergeants positions). Only officers or sergeants with three (3) years experience will be considered for this assignment and compensation. The seven (7) slots on the above mentioned shift and sergeants positions shall be filled on a seniority basis from those who volunteer or select such shift. Officers will only be removed from these assignments for just cause articulated by police management. Compensation for these assignments shall be paid on a cents per hour basis for all hours worked, as follows: 4 - 12 shift $.50 per hour Annual $1,040 12 - 8 shift $.75 per hour Annual $1,560 The parties understand that the implementation of such compensation is designed as a pilot project subject to review and potential modification. It is further understood that in the event that through a reorganization of the Police Department, that the work schedule that presently exists may in fact be altered causing both parties to re-examine this issue and make appropriate modifications. 3. That unused sick leave accumulation as set forth in Article 15 (Section 3) of the current agreement shall also be paid for death in service, and shall be included in a trust agreement. 4. That as of 10/01/98, the Chief of Police shall have the authority to hire Florida State Certified Officers and/or those with academic degrees (Associated/Bachelor Degree level) at a rate of up to 10% above the entry rate for Police Officer. 5. That the Special Lump Sum Bonus, referred to in Article 10, shall be awarded and paid as soon as administratively feasifle thereafter, pursuant to Article 10. The award of such lump sum bonus will be based on the employee's performance as evaluated for the regular annual performance evaluation. 6. That this Memorandum of Understanding is intended to substitute for and supersede the entire.Memorandum of Understanding between the parties dated December 17 and 19, 199~ and the Memorandum of Understanding dated December 17 and 19, 1996 shall no longer have any force or effect. 7. This Memorandum of Understanding shall be effective for the term of the collective bargaining agreement for the period of October 1, 1998 through September 30, 2000 when this Memorandum and the collective bargaining agreement are approved by the parties. 8. The parties represent that they have full legal authority to enter into this agreement. 9. All other terms of the collective bargaining agreement for the period of October 1, 1998 through September 30, 1998 are binding except where expressly modified herein or hereinafter modified by the parties. Dated this ~ day of , 1998. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk David T. Harden, City Manager Approved as to Form:.L._.__, ity torney l.J Datedthis I~'~dayof ~t)~.)~ , 1998. ATTEST'PBA Representative (~ ~ ,~~.~, ~ By:~~' r~ POLICE BENEVOLENT ASSOCIATION pba.agt COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Police Benevolent Association October 1, 1998 - September 30, 2000 POLICE OFFICERS AND SERGEANTS CITY OF DELRAY AND THE PBA CONTRACT 10/i/98 - 9/30/00 TABLE OF CONTENTS Page Preamble 1 Article 1 Recognition 2 Article 2 Dues Check Off 3 Article 3 Union Representation 4 Article 4 P.B.A. Business 6 Article 5 Labor-Management Committee 9 Article 6 Bulletin Boards 11 Article 7 Solicitation of or by Employees 12 Article 8 Management Rights 13 Article 9 Hours of Work and Overtime 19 Article 10 Wages 23 Article 11 Hospitalization Insurance 27 Article 12 Pension Plan Matters 30 Article 13 Holidays 32 Article 14 Vacation 36 Article 15 Sick Leave 40 Article 16 Leaves of Absence With Pay 43 Article 17 Leaves of Absence Without Pay 44 Article 18 Bereavement Leave 45 Article 19 Miscellaneous Considerations 46 Article 20 Nepotism 48 Article 21 New Employee Agreements 49 Article 22 Probationary Period New Employees 50 Article 23 Probationary Period - Promoted Employees 51 Article 24 Seniority 53 Article 25 Promotions 57 Exhibit A Promotion in the Police Department 59 Article 26 Physical Fitness 61 Article 27 Outside Employment 62 Article 28 Resignation 64 Article 29 Non-Applicability of Civil Service Act and Civil Service Rules and Regulations 65 CITY OF DELRAY AND THE PBA CONTRACT 10/I/95 - 9/30/00 Article 30 Compre. Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept.Empl. 66 Article 31 Damage to City Property 73 75 Article 32 Discipline 80 Article 33 Absence without Leave 81 Article 34 Police Bill of Rights 93 Article 35 No strike 95 Article 36 Personnel Documents 96 Article 37 Uniform Allowance 97 Article 38 Grievance Procedures 108 Article 39 workers' Compensation Article 40 Contract Constitutes Entire Agreement 109 of the Parties 110 Article 41 Severability and Waiver Article 42 Duration Modifications, and , 111 Termination 112 Article 43 Amendments 113 Article 44 Execution of Agreement TO: DAVID T. HARDEN, CITY MANAGER ~ ~ J SUBJECT: MEETING OF NOVEMBER 3, 1998 ***CONSENT AGENDA*** APPROVAL OF AN IN-LIEU PARKING FEE AGREEMENT FOR VILLAS DELRAY. The action requested of the City Commission is that of approval of an in-lieu parking fee agreement for Villas Delray, pursuant to LDR Section 4.6.9(E)(3). The subject property is located at the southeast corner of N.E. 4th Avenue and N.E. 1st Street, within the Central Business District (CBD) zone district. At its meeting of October 6, 1998, the City Commission approved a conditional use request to allow construction of a mixed-use development at the above-described location with a density of 30.3 units/acre (6 residential units). A condition of approval was the execution of an in-lieu parking fee payment agreement, including provisions for installation of 5 parallel parking spaces within the N.E. 1st Street right-of-way. The proposal requires 19 parking spaces and only 6 are provided on-site, which results in a deficiency of 13 spaces. As an alternative to providing all 13 spaces through an in-lieu fee payment of $78,000, the applicant has proposed to construct 5 spaces along the south side of the abutting N.E. 1st Street right-of-way, and deduct the cost of that construction from the total in-lieu fee. This arrangement was conceptually approved with the Conditional Use approval, and is being formalized in the attached agreement. As recommended by the Parking Management Advisory Board, the applicant has submitted an in-lieu parking fee agreement which provides the following payment schedule: · $12,000 (2 spaces) to the City upon approval of the agreement; · Payment of the difference between $30,000 (in-lieu fee for 5 spaces) and the actual cost of constructing those parking spaces prior to issuance of a Certificate of Occupancy; and · Payment for the remaining parking (6 spaces) in five annual installments of $7,200. The City Attorney's office has reviewed the agreement and approved it as to legal form and sufficiency. By motion, approve the in-lieu of parking fee agreement for Villas Delray. Attachment: · Proposed In-Lieu Parking Agreement 16:13 S613~13326 GARELLEK PAGE IN-LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT (the "Agreement") is made as of the ~ day of ,1998, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida (the "City"), and J R C S, Inc. a Florida corporation CJRCS") WHEREAS, SRCS is thc owner of certain real property described on Schedule "A" ("Villa Delray"); and WHEREAS, JRCS has applied to the City for approval to construct a building on Villa Delray; and WHEREAS, as a condition to approval of construction of the building on Villa Delray, JRCS must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment ora fee to the City in-lieu of providing required parking; and WHEREAS the zoning requires a total of 13 parking spots for the proposed use of Villa Delray and ]RCS has agreed to install $ of the total parking spots in the N.E. Ist Street right of way; WHEREAS, JRCS has requested that the City Commission approve the payment of a fee to the City in lieu of providing eight (8) of the required parking spaces for the development of Villa Delray and the City Commission has approved the request; and WHEREAS, Section 4.6.9(E)(3) of the Land Development Regulations thrther provides that the in-lieu parking fee shall be Six Thousand Dollars ($6,000.00) per parking space and may be paid in installments; and WHEREAS, JRCS has elected to pay the in-lieu parking fee in installments pursuant to Section 4.6.9(E)(3)(d) of the Land Development Regulations; and WHEREAS JRCS has further agreed to pay in installments an additional fee equal to the difference, if any, between $30,000 and the actual cost of installing the $ parking spots in the N.E. Ist Street right of way (the "ROW Parking Fee"). The ROW Parking Fee shall be deemed to be the difference, if any, between: a) Thin3' Thousand Dollars ($30,000); and, b) The total amount of the cost of installing the 5 parking spots (including the cost of curbing, landscaping, islands a.nd street paving between the eastern edge of the proposed North-South sidewalk on N.E. 4t~ Avenue and the east Property Line) as represented by invoices from third party contractors marked paid and that have been submitted by JRCS to the City Finance Department on or before __ 5613913326 GARELLEK FAGE 03 . WHEREAS, the parties desire to emer into this Agreement in order to confirm the terms on which the in-lieu parking fee shall be paid by JRCS. NOW THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby ac?mowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. INCORPORATION OF RECITALS. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate lhem in this Agreement. 2. PROPERTY. The property to which this Agreement applies is Villa Delray as described in schedule "A". 3. IN-LIEU PARKING. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing eight (8) of the required number of parking spaces for the development of Villa Delray. 4. IN-LIEU PAKKINO FEE. JRCS shall pay to the City a total in-lieu of parking fee of Forty-Eight Thousand Dollars ($48,000.00) (which represents $6,000.00 per parking space) plus the ROW Parking Fee. The total fee shall be paid as follows: (a) Twelve Thousand ($12,000) by check delivered to the City upon execution of this Agreement by the City. (b) The ROW Parking Fcc to be paid on completion of the construction which shall be payable no later than upon the date of the issu~ce of the Certificate of Occupancy, (c) Five (5) payments of $7,200.00 each to be due on the first, second, lhird, fourth and fifth anniversary of the date on which this Agreement is executed on behalf of the City. (d) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 3. DEFAULT. In the event JRCS fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested 10/29/i~98 16:]3 ~613913~26 GARELLEK PAGE to JRCS at 299 W. Camino Gardens Blvd., Suite 206, Boca Raton, FL 33432 or at such other address as may be designated by JRCS by written notice to the Cit3', requesting the past due payment to be made no later than thirty (30) days from the date the notice is received. Failure of JRCS to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. The City shall thereby be entitled to accelerate the remaining payments demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees and 4o seek any other relief the City determines is just and proper including but not limited to injunction relief closing dough the useand operation of the Villas for violation of the condition of approval. 6. B1NDINO EFFECT. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. ENTIRE AGREEMENT. This Agreemen! shall constitute the emire agreement of parties with respect to the subject matter ofthis Agreement. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone full3, and completely expresses their understanding. 8. AMENDMENTS. This Agreement may not be amended, modified, altered, or cha~lged in any respect, except by a further agreement in wxiting duly executed by each of the parties to this Agreement. 1~/29/1998 i~:13 5~13913326 GARELLEK PAGE 9. SIGNATURE REQUIRED, This Agreement is not valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties Io the Agrecmem have caused this Agreement to be duly executed on their behalf as of the dates set forth below. CITY OF DELRAY BEACH, FLORIDA 0.10 By: Jay Alperin, Mayor By:. City Clerk Approved ss to Form By:. City attomey WITNESSES: $ R C S, INC. Print Nl~rie: By: Jeffrey Silberstein Its Pr~'idem Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of October, 1998 by Jeffrey Silberstein as President ofJ R C S, Inc, who is personally kno~ to me or has produced as identification. Signature of Notm'y Public .... %~/29/1998 16:13 5613913326 GARELLEK PAGE SCHEDULE ".A' Lot 14, of Subdivision of Block 100, TOWN OF DELRAY, according to the Plat thereof, as recorded in Plat Book 1, Page 65, of the Public Records of Palm Beach County, Florida. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~haNAGER~ SUBJECT: AGENDA ITEM ~ REGULAR MEETING OF NOVEMBER 3, 1998 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: OCTOBER 28, 1998 This is before the Commission to ratify the action approved by the South Central Regional Wastewater Treatment and Disposal Board on October 15, 1998. By a vote of 8 to 0, the SCRWTD Board authorized the expenditure of $8,500 from the sinking fund to replace #1 RAS Motor "B" Plant. Recommend ratification of the SCRWTD Board action. ref:agmemo9 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD ~ ~ Telephone City Council Members of ~ 272-7061 734-2577 Boynton Beach & Delray Beach ~ ~ Fax: (407) 265-2357 MEMORANDUM TO: City Clerk, Delray Beach FROM: Mary Ann Shumilla ,~'¥~ DATE: October 15, 1998 RE: RATIFICATION FOR SIGNATURE Attached is the Ratification from the Quarterly Annual Meeting of October 15, 1998 which require signatures. Would you please place this on the Agenda for your next Commission meeting. Would you please contact me at 272-7061 when the Ratification is executed, Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 15, 1998 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 15, 1998, by a vote of 8-0, approve Authorization to Expend ;8,500 from Sinking Fund to Replace #1 PAS Motor "B" Plant. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. ._ __ The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER g~ SUBJECT: AGENDA ITEM ~ ~D - MEETING OF NOVEMBER 3, 1998 APPROVAL OF RULES OF THE BOARD OF CONSTRUCTION APPEALS DATE: OCTOBER 28, 1998 The rules of the Board of Construction Appeals require that a review be made once a year. On October 28, 1998, the Board of Construction Appeals reviewed and approved the attached rules. The rules require City Commission approval Recommend approval of the rules of the Board of Construction Appeals. [ITY (IF I)ELRI:IY BER[H DELRAY BEACH Ali,America City M E M ORA N D U M ~993 TO: Anita Barha, ~×ecutive Assistant FROM: Brian Shutt, Assistant City Attorney SUBJI~CT: Rules of the Board of'Construction A_A~Zpeals Attached please find the revised roles for the Board of Construction Appeals. P1ease schedule the proposed rules for discussion on tile next scheduled meeting of the Board of Construction Appeals. TI]ere Js no need to hold a special meeting j~st fbr the adoption the rules. I have attached two copies of the revised rules, each copy provides t~r the same cha~ges, however, on~ copy contains the revisions ~n the strJkethrough/underline format. The proposed revisions are mainly housekeeping changes to bring the roles in line with current City Ordinances. Please call if you have any q~estions. cc: Susan Ruby Pr/nte~ o,~ F~cyclect Paper RULES OF THE CITY OF DELRAY BEACH BOARD OF CONSTRUCTION APPEALS ARTICLE l: GENERAL GOVERNING RULES: The Board of Construction Appeals (hereinafter referred to as the Board) shall be gov- erned by Article 2.2 of the Land Development Regulations of the City of Dekay Beach, as amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. ARTICLE Il: SPECIAL GOVERNING RULES: The Board shall also be governed by Article 2.4 of the Land Development Regulations of' the City of Delray Beach Code of Ordinances, as amended, and the Rules of Procedure set forth herein, as adopted by the Board and approved by the City Commission. ARTICLE !!!: OFFICERS[ COMMITTEES: 1. The Board shall elect a Chairman~ and Vice Chairman and 2nd Vice Chair annually in the month of September, for a term of one (1) year pursuant to Section 2.2.1(D) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 2. The Chairman (or in his/her absence the Vice Chairman or 2nd Vice Chair.) shall preside at all meetings and hearings of the Board and decide all points of order and procedure. The Chairman shall appoint any committees which may be found necessary. 3. The recording secretary shall be designated by the City Manager. The recording secretary shall take and transcribe the minutes of each meeting of the Board and assume all ministerial duties. ARTICLE IV: 1. MEETINGS: The Board shall meet every first Wednesday of March, June, September and December at 5:00 p.m. if there is business to be considered before the board, unless there is cause to hold an interim meeting pursuant to the requirements as set forth in Section 2.2.1(E) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 2. SPECIAL MEETINGS: A special meeting may be called by the Chairman subject to compliance with the statutory notice provisions. 3. QUORUM: A quorum shall consist of five (5) voting members of the Board for all actions. No action of the Board shall be taken on any matter except upon the concurring vote of not less than five (5) voting members of the Board pursuant to Section 2.2.5(C) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 4. REPRESENTATION; PERSONAL INTEREST: No member of the Board shall appear before the Board or represent before the Board a person in any matter pending before the Board. No member of the Board shall hear or vote upon an appeal or motion for re-hearing in which he/she is directly or indirectly affected in any financial way. Whenever a member of the Board has a personal, private or professional interest in any matter which comes before the Board, that member shall, within fifteen (15) days after the vote occurs, file the proper form with the recording secretary of the Board pursuant to the provisions of Chapter 112, Florida Statutes. 5. CONDUCT OF MEETINGS: All meetings shall be open to the public. The Chai .rm..an may administer oaths or require the attendance of witnesses, and shall administer oaths when hearing appeals. The order of business at meetings shall be as follows: 2 a.) Roll Call b.) Approval of minutes of previous meetings c.) Reports of committees d.) Unfinished business e.) Hearing of Appeals f.) New Business 6. ADJOURNED MEETINGS: The Board may adjourn a regular meeting if all business cannot be disposed of on the day set, and no further public notice shall be necessary for such a meeting if the time and place of its resumption are stated at the time of adjournment and are not changed prior to its resumption. ARTICLE V: ABSENCES: A Board member's absence from three (3) consecutive meetings shall constitute an ti ig ti th d by automac res na on from e Boar such member ~.h ....~ .... ,~: ..... : ...... . ..... Each Board member shall be responsible for notifying the recording secretary as promptly as possible of any anticipated absence from a Board meeting. Except for automatic resignation from the Board, a Board member may resign by filing a written statement of resignation with the recording secretary of the Board. Vacancies on the Board shall be filled pursuant to Section 2.2. I(F) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. ARTICLE VI: RIGHTS; POWERS; PRIVILEGES AND DUTIES: 1. APPEALS: Shall be taken within a reasonable period of time, not to exceed ten (10) days of the action being appealed pursuant to the terms of Sections 2.2.5(D) and 2.4.7(E) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 2. HEARINGS: Shall be conducted in accordance with the terms of Section 2.4.2(B)(2) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 3. STAY OF PROCEEDINGS: Shall conform to Section 2.4.7(E) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended 4. DECISIONS: Shall be made pursuant to Section 2.2.5(D) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. 5. PUBLIC NOTICE: Notice of the Public Hearing of the appeal shall be given in accordance with Section 2.4.2(A) of the Land Development Regulations of the City of Delray Beach Code of Ordinances and Florida Statutes. 6. AMENDMENT: An appeal may be amended at any time or from time to time prior to or during the Public Hearing of the appeal, provided that the amendment does not materially alter the appeal as published in the public notice so as to make the public notice of the appeal misleading, or that the amendment does not request a greater variance from the terms existing ordinances than that requested by the appeal. In the event the amendment makes an appeal misleading or requests a greater variance, as determined by the Chairman of the Board; an amended public notice shall be given. The applicant shall pay any and all additional fees necessary for the re-publication of the public notice. 7. DISMISSAL: An applicant may voluntarily dismiss his or her appeal at any time prior to the commencement of a roll call vote to decide such appeal, and such dismissal shall be without prejudice. A voluntary dismissal shall be in writing and filed with the recording secretary of the Board, unless announced at the public hearing. 4 ARTICLE VII: HEARING AND RE-HEARING: 1. Appeals shall be heard in the order of their filing; amended appeals shall have priority according to the date of the amend~nent and public notice. 2. At the public hearing, the applicant or any other interested parties, in accordance with Section 2.4.2(B) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended, may appear on his own behalf or be represented by a designated agent or attorney. If the applicant does not appear on his own behalf at the public hearing, he shall file with the recording secretary of the Board, prior to the public hearing, a statement, made under oath, authorizing such other person or persons to represent him at the public hearing. 3. The order of the hearing shall be: a.) Statement of the appeal by the Chairman b.) Supporting argument by applicant c.) Supporting arguments by other interested parties d.) Opposing arguments by City Officials e.) Opposing arguments by other interested parties f.) Rebuttal by those supporting appeal g.) Rebuttal by those opposed to the appeal h.) Final rebuttal by applicant Witnesses may be called and factual evidence and exhibits may be presented. The procedures for an appeal lodged pursuant to Section 2.4.7(E) shall be governed by Section 2.4.2(B) of the Land Development Regulations of the City of Delray Beach Code of Ordinances, as amended. The Chairman may establish appropriate time limits for arguments, but such time limits shall be equal for both sides. The Roberts Rules of Order, latest edition, shall be the final authority on all questions of parliamentary procedure. 4. RE-HEARING: An applicant may file a written motion for a re-hearing of any decision rendered by the Board. The motion shall be filed with the Chief Building Official within ten (10) days of the date the decision is rendered. The concurring vote of five (5) members of the Board shall be necessary to grant a motion for re-hearing. The motion for re-hearing may be based upon the following grounds: a.) Newly discovered evidence which by due diligence could not have been discovered in time to present at the public hearing. b.) Fraud, misrepresentation or other misconduct of any person who submitted evidence to the Board. c.) Mistake, inadvertence, surprise or excusable neglect. d.) The Board overlooked or misapprehended any material points of law or fact. If the Board grants a motion for re-hearing, public notice of the hearing shall be given at the cost of the applicant. ARTICLE Vlll: AMENDMENTS; EFFECTIVE DATE: 1. The Rules o£ Procedure may be amended by the affirmative vote o£ a majority o£ five (5) members present at any meeting or special meeting at which a quorum is present. The proposed amendment must be presented or submitted to the Board membership at least one (1) week prior to such meeting. 2. These Rules of Procedure shall be reviewed by the Board at least once a year at any regular or special meeting. Recoinmendations for proposed amendments to these Rules of Procedure shall be presented to the Board in writing. 3. These Rules shall become effective following their approval by the City Commission. These Rules of Procedure were adopted by the 'Board of Construction Appeals on the day of 199 Chairman Board of Construction Appeals Approved by the City Commission on the day of ,199_. Mayor ATTEST: City Clerk bdconap I .mi [lTV DF DELRR¥ BER£H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561)243-7000 AII-AmericaCity 1993 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Joint Check Agreement for Recycled Plastic Furniture DATE: October 22, 1998 Attached please find the Joint Check Agreement between American Earth Friendly Corp. and the McEwen Lumber Company, Inc. I previously sent a memorandum to Jackie Rooney (copy attached) in which American Earth Friendly was the low bidder for recycled plastic furniture that is to be installed throughout our park system. After they were awarded the bid, American Earth Friendly indicated that they were no longer afforded credit to purchase the recycled plastic and did not have the approximately $22,000 needed to purchase the recycled plastic. McEwen Lumber Company indicated they would credit the recycled plastic to American Earth Friendly if, in fact, the City executed this Joint Check Agreement. As Susan Ruby points out, this is not a standard procedure for the City in doing business. However, if we want to continue with American Earth Friendly, a Delray Beach business, this is an option by which we may proceed. If you concur, please place this on the November 4, 1998 agenda for City Commission consideration. The purchase of the recycled plastic furniture from American Earth Friendly was approved by City Commission on July 21, 1998. Joe~ldon Dir~or of Parks and Recreation Attachment cc: Susan Ruby, City Attorney Ref :dhjtckag (~',~,,,~o,,R~,¢P.~,,r THE EFFORT ALWAYS MATTERS [lTV OF DELRR¥ BER[H CITY ATTORNEY'S OFFICE ~00 ~., ^~,..~... ~,.~^~ ~,.^~., ~,o~,~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH Ali. America City MEMORANDUM '~lJ~''''j' DATE: Octoberl9, 1998 1993 TO.' Joe Weldon, Director of Parks and Recreation FROM: Susan A. Ruby, City Attorney SUBJECT: J0,int Check Agreement - Recycled Lumber The enclosed is a Joint Check Agreement for your review. As we discussed, while a Joint Check Agreement is not prohibited, it is usually better to not enter into contractual relationship with a sub-contractor, as it can in some instances create a difficult situation when disputes arise. I have tried to address some of the issues in the Joint Check Agreement that may arise and therefore, if you think this course is prudent in this situation, then this agreement can be executed by the parties. Please call if you have any questions. SAR:ci cc: Howard Wight, Deputy Director of Construction ja.S~T JOINT CHECK AGREEMENT The City of Delray Beach, Florida (the "City"), American Earth Friendly, Corp. ("Customer") and McEwen Lumber Company, Inc. ("Supplier") enter into this Joint Check Agreement on this __ day of , 1998. Whereas, the City awarded to McEwen Lumber Company, Inc. a contract, P.O. #569062 for recycled plastic furniture to include 39 loveseats, Model #RPLS-4 at $359.00 each for a total of $14,001.00; 31 trash receptacles, square with slant top, Model #RPTRFT at $299.00 each for a total of $9,269.00 and 17 picnic tables (6'), Model #RPDPT at $439.00 each for a total of $7,463.00; for a combined total of $30,733.00 (the "Project"); and, Whereas, Supplier and Customer desire that the City issue a joint check for materials incorporated into the recycled plastic furniture in an amount not to exceed $22,000.00; and, Whereas, the City agrees to write a joint check for the materials under the terms of this agreement; and, Whereas, the parties understand that the City may not enter into a surety or guarantee agreement using public funds and that the City, by issuing a joint check is not acting as a guarantor or surety; nor does the Joint Check Agreement create a contract with Supplier or substitute for the City's contract with Customer except as provided herein. WITNESSETH: 1. The recitations set forth above are hereby incorporated, as if fully set 'forth herein. 2. The City shall issue a joint check to Customer and Supplier for the actual cost of materials to Customer for the Project in an amount not to exceed twenty-two thousand dollars ($22,000.00) upon the sole determination of the City that the project is completed and installed to the satisfaction of the City. 3. The Supplier and Customer shall indenmify and hold harmless the City for all claims, disputes or causes of action arising from any other agreement between the Supplier and Customer. This indemnification/hold harmless provision is in addition to and not in substitution for any indemnification and/or hold harmless agreement between any of the parties. 4. In the event of a dispute regarding the project, the City will hold in escrow the actual cost of materials, not to exceed twenty-two thousand dollars ($22,000.00), without interest, until the dispute is satisfactorily resolved by the parties. In no event shall the City release any part of such funds until the entire dispute is resolved. 5. The City shall not be responsible for Customer's failure to reimburse or pay to Supplier any funds that may be due to Supplier or for Supplier's failure to provide satisfactory and appropriate materials, except as set forth herein. 6. The Supplier and Customer acknowledge that the Joint Check Agreement, or the payment by joint check does not release Customer from any term or condition of the Agreement between the Customer and the City. 7. This Agreement is in addition too, and not in substitution for any other agreement between the parties. 8. This Agreement supersedes all oral agreements and shall not be modified except in writing and signed by all parties hereto. 2 9. This Agreement shall not be assigned without the express written consent of the parties. 10. This Agreement shall not be construed as a waiver of any of the City's rights under its Agreement with Customer or for any claim or cause of action including and not limited to any breach of merchantibility, warranty or fitness for a particular purpose that the City may have against Customer or Supplier. 11. If Supplier or Customer defaults on its obligations to each other, the City's responsibilities hereunder shall be deemed null and void. The Supplier and/or Customer shall give the City immediate written notice of default. 12. The parties to this Agreement warrant that they have full power and authority to enter into this Agreement and the signatories hereto have authority to bind the parties to this Agreement. 13. This Agreement shall be effective on the date the last party executes this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: Dated: City Attorney 3 WITNESS: AMERICAN EARTH FRIENDLY, CORP. By: Print Name: (Print or Type Name) Title: Date: (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1998, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public WITNESS: MCEWEN LUMBER COMPANY, INC. By: Print Name: (Print or Type Name) Title: Date: (Print or Type Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1998, by , as (name of officer or agent, title of officer or agent), of 4 (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public check.agt 5 DELRAY BEACH Pa;ks 6 Recreaffon MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Purchase of Recycled Plastic Furniture DATE: July 1, 1998 Attached please t'md a copy of a letter from the Purchasing Department of Deerfield Beach indicating that the contract for the purchase of recycled plastic products from American Earth Friendly has been extended through June 30, 1999. At the present time, many of the benches, trash receptacles, and picnic tables within our parks are a mish-mash of different styles and designs, many being made from metals that have corroded over the years. We are in the process of replacing this furniture with one of consistent design and color, made out of recycled plastic which has a much longer life than metal. We wish to purchase the following fora total of $30,733[ 1.) 39 loveseats, model #RPLS-4 at $359 each for a total of $14,001. 2.) 31 trash receptacles, square with slant top, model #RPTRFT at $299 each for a total of $9,269. 3.) 17 - 6: picnic tables, model #RPDPT-ADA6 at $439 each for a total of $7,463. For your information, this furniture will be at the following locations: Beach - 14 loveseats Anchor Park - 4 loveseats, 4 trash receptacles, 2 - 6' picnic tables Atlantic Dunes Park - 8 trash receptacles Sandoway Park - 6 loveseats, 5 trash receptacles Veterans Park - 15 loveseats, 14 trash receptacles Barwick Park - 5 - 6' picnic tables Knowles Park - 5 - 6' picnic tables Lake Ida - 5 - 6' picnic tables' 50 Northwest I st Avenue · Delray Beach, Florida 33444 .(561) 243- 7250 · Fax' (561) 243-7268 These should, be charged to account #001-4131-572-63.90 in the amount of $10,340 and #001-4131-572-52.20 in the amount of $20,393. The color is to be light gray with dark gray trimming. Please place this on the agenda for City Commission consideration. Joe(~eldon Dire'~tor of Parks and Recreation Attachment Cc.~y Eubank Parks Superintendent JW:cp Ref:jrplsfm ; Coq~omte Olliccs I Showroom: 542 S.E 5th Avenue (Fed. Hwy.) COVER SHEET Delray Beach, FI. 33483 PHONE: (561)276-4152 / FAX: (561)276-3965 / E-MAIL: mike-afe(¢msn.com TO: FROM: ~: '(~/) ~- 7~ / Chamnan / C.E.O. Number of Pages: / , ~e [ ~t) Z~ff~ ~ {(inch}ding this cover sheet) "¥ot,'e pl~+ic debria will caw a tree' PURCHASING DEPARTIvlENT CiTY OF DELRAY BEACH 1 O0 N.W. I sc Avenue DeIray Beacfi, FL 33444 Phone: 561/243-7163 Fax: 561/243-7166 FAX TRANSMI'ITAL / Company Name:~'/ ' Fax Number: Tot~[ Number of Pages Including Transmittal Sheet: FP.O~: Nam~ of ~ender: ~]ac~e ~ney, Pur~Ing Supe~or. 243-~1 ~ ~y Bu~er~ Pu~Ing B~eb 243 ~ Jennifer 5ch{i~ce. 24~-7115 IF YOU DO NOT RECEIVE ALL OF THE ABOVE REFERENCED PAGES, PLEASE CONTAL~ NAME OF SENDER ABoVE. faxi .doc\~ / 1/~'~ ~[',,~'l' ~;'i ................ Jr- LJIZLN~y BEACH Eiiy of D £IERFI ELD Fax_ Numb~rr 054) ~80~388~ DATE: _~ FROM: Donna M. Council, Purchasing Agent Phone: (954) 480-4380 TO: _ ~ COM~PAN~: ~ FAX # ~(_~._~6/'~' 7/dd PHONE # ( ..... ). THIS FAX CONSISTS OF__~_PAGES (INCLUDING COVER SHEET) (If you have not received all pages aa illdicated, please notify ua ilttmediat¢ly) COMMENTS: NOTE: June 25, 1998 Mr. William Hazlett. President American Earth FHendly, Inc. 542 S.E. 5~ Aver~m Delray Beach, Florida 33483 Dear Mr H;~zleQ On June 1§, 1998. the City Commission aDproved the contract extension for the purchase of recycled plastic products, Resolution ~C-199B/089, in accordance with ~ terms and conditions of 8id Proje~ #1996-97113. This is a Broward Governmental Purchasing Co-op Bid, with the City of Deerrmld I~ach serving a~ t~e lead agency. Each perticipetincj ao~ncy is responsible for executing their own c. ontract The contract period is for one year, through June 30, 1999, with an option fo~ one (1) additional iwelv~ (12) month renewal period as Per the terms contained within the. bid documents Orders will be placed f~ products as needed throughnut the If there em any questions concerning this co~tract, please cio not hesitate to contact me at (g54) 480-4380. On behalf of the City of Deerfield Beach, we Ioo1< fon~vard to anofl"~' sucr. essful business relationship with your Company. Sincerely. Donna M. Council Purchasing Agent R£$OLUTION YEA NAY ~80~lO~ NO. C~1998/0Bg A R~SOL~ION OF ~E City CO~IS~ION OF ~HE CItY OF DEERFIE~ BEA~ A~HORIZING ~ PROPER CItY O~FICI~S ~O RRNEW ~g ~g~ CO~CTS WITH ~RI~ ~RTH FRIS~LY, TRI~ OF LONG IS~D, INC., POLED, INC., ~CYC~ I~DUSTRIES, I~C. ~ ~EVgVA SClg~IFIC D/B/A BARCO, FOR THE PURCHASE OF ~CYC~D P~lglC L~ER ~ RECYCLED P~STIC~ FOR A ~ COST OF ~35~000~ P~U~T ~ ~ C~P~TI~ P~C~IN~ GROUP, BID ~1996/97/13, AND SP~IFYING THE ~S THRREFO~ ~AS, the City of ~r~leld ~ach se~ea afl lead agency for the Browsed ~vermental Coopo~atlve ~urc~asln9 Groqp for the purchaa~ o~ recycled plastic l~r products {Bid ~1996/97/13); and W~RE~, under the te~ of the bid, the awarded vendors have agreed to axarcls~ the contract rental op~lo~ which will b~ for on~ year ~ginnlng on ~uly 1, 1998 t~gh a~e 30, 1999; and ~~, it will b~ tn ~he b~st Interest of the City o~ Deerfield ~ach to rene~ the current contracts with ~e=ican Earth Fri~ndly, T~tmx of Long I~l~nd, lac., Pol~o~, Inc., Recycl~ Plastic Man, ~srlcan Pa~k & Recreation co., l~ industries, Inc. and ~veva Scientific d/b/a ~rco, for the ~rchase of re~cled plastic llr and recycl~ plastic as per the te~s of the City of Deerfteld ~ach Bid ~1-996--9r7/13 ; NOW, ~EREFORE, nE IT ~5OL~D BY ~E CITY CO~ISSION OF ~E CITY OF D~IE~ BE~, FLORIDA; SECTIO~ 1. T~t the proper officials o[ the City o[ Deerlleld Beach are hereby authorized and dir~ted to execute rental contracts ~ith ~erlcan Earth Friendly, Trl~x of Long Island, Inc., Pol~ood, Inc., Recycled Plastic Man, ~e=tcan Park & 9~r~ion Co-, B~ Industries, Inc. and Geveva Scientific d/b/a Barco for the purchase of racycl~ plasttc lurer and r~ci~ plastic for a total cost of ~35,00O. SECTION 2. That th~ total co,ts shall be provided for under ~bllc ~rkS a~' C~untty Services Depar~ent accounts. A~P~ THIS 16THDAY~E,OF 1998 .. CAPELLINI, P. E. , ~YOR April 24, 1999 Mr. Michael J. Hazlett, Vice ~r~n ~h Fri~dly. Inc. ~2 S.E. 5=~ Avenue Delray ~h. ~orida 33483 Dear Mr. Hazlett. The Bm~rd Coo~rative Pur~asiog G~p Bid for R~ ~esti~ (City of O~dield ~ach ~mg as lea~ ~e~) ~ Q~ to expire on June 30, 1~, U~ ~e terms of t~ b~, t~e am ~ (2) a~it~nal ~ve (12) m~th ext~ion op[~ns ~alla~, ~oviding mut~ ~nt exis~ baden the City and y~r com~ny. NI ~s. ~ndiSons an~ s~cations ~1~-97113. The City ~u~ like to ex.se t~ flint of the twelve (12) month r~ o~n~. If ~t is accepted and appm~ by the Ci~ Commission, it w~ll b~in Ju~ 1.19~ a~ ru~ through June ~, 1999. PI~ a~vl~ if a one-y~r extension per~ of our currant ~e~ i~ ac~p~bl~ to ~r ~m~ny. Kindly indicate the ap~o~iate intonation t~ later to my attention: C~ of ~m~ ~ach Pumh~ing D~is~n, 210 G~sby Beulevard, ~iel~ Beach, FL Off behalf of ~e Ci~ ~ ~eld B~ch, ~ I~k fo~a~ ~o ce~tlnui~g ~r long and suc~ss~l ~soc~tion wl~ ~ur comply. If you have any questions ~n~ni~ this le~r, p~a~e ~nta~ me at (954) 480- Purc~si~ Agent ~ ~S, ! ~reby agr~ to a ~eNe month exte~s~n ol the bid. ~ _ NO, l ~ un~e ta ~ a ~lve mo~th ex~nsion of the bid. ~~~ For: Ameri~n EeAh Friendly a~ac~ent: Recommen~d Award ttema CITY OF FORT LAUDERDALE ~,,~ ~,~,~a Purchasing Division (954) 761-5141 September 08, 1997 American Earth Friendly, Inc. Attn: Michael Hazlett 542 S.E. 5 Avenue Delray Beach, FL 33483 Re: Notification of Award Dear Mr. Hazlett: Congratulations, the City of Fort Lauder~le has awarded Plastia L~mber. ~"'~ Someone with authorization to sign for your company must place their signature on the line indicated. The contract signee must be authorized to bind your company to the terms, conditions and specifications of the bid. Please sign and return the original, retai~ing a copy for your files.' We hope this will be a profitable and rewarding business relationship. I hope you will take a little extra time to make s~e-the above requirement is completed correctly and is sent to us in a timely manner. Sincerely, E.R. Roon, CPPO Purchasing Manager 10ON. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 3330! [QUAL OpPORTuNITY EMPLOYER PRINTED ON RECYCLED PAPER ~..~ AWARD CiTY OF FORT LAUDERDALE PURCHASING DIVISION 100 N. ANDREWS AVENUE, 6TH FLOOR FORT LAUDERDALE, FL 33301 (954) 761-5140 city c~~o. A~ova~ ~~=~ Co~rac~ ~o. ~ Co-O~ ~~~/~9~=e. ,--~----~ 1996-97/13-3 Deer field Bch ~/a Veador~ ~E. ~ WBE Invoice To ~~'~'~'~:'"" ........ ~ Accounts Pay~le Delray Beach, ~ 33483 100 North Andrews Avenue Ft. Lauderdale, FL 33301 Attn: Michael Hazlett 561-276-4152 Pa~ent Te~s: Net 30 F~ $ 561-276-3965 Delivery: As re~ired ~~D P~STIC L~ER See attached "Reco~endation of Award" Insurance Coverage RequiTed: Yes No X L Authorized for Purchases= Under $10,000 X Over $10,000 Extension Options: Yes X No Years 2 We hereby accept this award and all terms, conditions, and specifications of the bid referenced, Bid No. 1996-97/13. Authorized Signature and Title Date Carol Inaol4, Parks Division, [954) 761-5804 Department Contract Co-Ordinator Richard Ewe[l, CPPB Procurement Specialist Purchasing Manager - Recommendation of,Award · --'~'1 Lumber, 100% High Oenstly polyethylene (HOPE) . · X 2' Recycle~ Lumoer, plast,c. 100% HDPE $1.01/LF $ 1.01 7/6X2-II5 ~12 Recyct,ng Revolution RecyCled Lumber, Plasbc. 100% HOPE $1.06/LF ! $ 1.06 7/8X2-7/8 #13J Recycling Revolution X 3' L'u~'~;.er. Plastic. 100% HOPE $1.03/LF $ 1.03 314X3-112 ~ Recycling Revolut,on 4' Recy=led 1' X 6' Recycled Lumber.~lae,~00% HDPE . $1.56/LF E' ~-1'56 3/4X5-1/2,,j~#16 Recycling. Revolul~on I' X 8' Recycled Lumber. Plastic, 100%~PE NO BID 1' X 10' Recycled Lumber, PlastiC. 100% HDPE~...~ NO I' X 12' Recy~ed Lumber, Plastic, 100% HOPE ~ NO BID 2' X 2' Rec-yaed Lun~oer, Plastic· 100% HOPE~ ~.. ~.$ .95/LF ,~ 0.95 2X2 #22 Recycling Revolution - 100% HDPE ~ $ 1.29 1-1/2X2-1/2 #23 Recycling Revolution X 3' Recycled Lumber. Plastic. 2' X 4' Recycled Lumber. Plastic· 100% HDPEJ ~~'~ $2.02A. F ~ 2.02 1-1/2X3-1/2 #24 Recycling Revolution X 5' Recy.Ct. ed 2' X 6' Rec'ycJe¢l Luml:~er, Plastic, 100% HDPE ~ $3.03/t.F $ 3.03 1-1':~,5~ #26 Recycling Revoluhon 2'X 8' Recycled Lumber, Plastic. 100% HOPE .,,,/ S4.27/LF $ 4.27 1-1/2X7-1/2 ~'~ #26 Recycling_ Revolu[~on 2' X 10' Recy-Jed Lurer)er. Plastic. 100% HD~ $5.28/LF $ 5.2R 1-1r2X~-l/8 ,~ Recycling Revolutton 6'X 6' Recyct~t. plasfic, 100'4, HDPE $8.71/L.F $ 1,916.L.~ 5-1/2X5-1/2 ~6 Recycling Revolution 3/4' 4sX 8' Recyci~ ~astic Sheet Goods. 100% HOPE $ 123.90 $ 123.90 4XTX3/4 tit4875 Recycling Revolution #2 -Rect, cled Lumber, MI~. 100',~ High Oenslly Polyethylene HOPE 12 Se. In. }Recy~ed Lumber, Plastic Cross Sections.100% HOPE NO BID 20 Scl. 'lr~ ~Re.-'ycied Lumber, Plastic Cross Sections,100% HOPE NO BID I 24 S~. In. }Rec-~ed Luml~er. Plastic Cross Section~,100% HOPE NO BID 13.Recycled Curb Stops. Picnic Tables. Benches, Bicycle Racks, Trash Recept, Planters, 100% High Density Polyethylene HOPE Recy~ed PlaS~c Cut'o StoD, ~. 100% HDPE $ 22.05 $ 22.05 4'X4"X6' #SCSW The Recycling Revolmion Recycled Plastic Curb Stop. Yellow. 100% HOPE $ 22.05 $ 22.05 4'X6"X6' #SCSY The Recycling Revolution Recycted Plastic Cufl~ Stop, Fland~caD Blue, 100% HDPE $ 22.05 S 7.2.05 4'X6'X6' /LSCSHB The Re."ycfing Revolution 6 f',. 100% Post Consumer. Standard Picnic Table. HOPE $ 370.50 $ 22.971.00 ASSEMBLED #SPT600 The Re.'cycling Revolution 6 ft. 100% Post Consumer. Standard Picnic Table. HOPE $ 329.00 $ 20,398.00 UNASSEMBLED #PP1010 Geneva Scientific 8 fL 100% Post Consumer, Slancland PiCmC Table· HOPE $ 498.00 $ 498.00 ASSEMBLED #SPT~00 'The Recycling Revolution 8 P,. 100% Post Consumer, Standard Picnic Table, HOPE S 389.00 $ 389.00 UNASSEMBLED #FP1030*E40 Geneva Scientific 6 ft. 100% Post Consumer, Handicap Plcrl~c Table, HDPE $ 436,00 $ 3,052.00 UNASSEMBLED N~PTSHA- The Recycling Revotu~on 8 [ 100% Post Consumer, Handicap Plcr~c Table, HDPE $ 389.00 S 389.00 UNASSEMBLED #FP1030 Geneva Scientific ' 4 ft. Stan~arti Bench W'~'t No Back, 100% HDPE $ 121.50 $ 121.50 'ASSEMBLED #SMB400 The Recycting RevolLmon 4 ft. StarK~am Bench With No Back, 100% HOPE $ 96.50 $ g6.50 UNASSEMBLEO #SMB400 The Recycling Revolution 5 ft. Standarcl Bench With No Back, 100% HDPE $ 139.80 $ 139.60 ASSEMBLED #SMB500 The Recycling Revolution 5 ft. Star~arcf Ben,...'~ With No Back, 100% HOPE S 11,4.80 $ 114·80 UNASSEMBLEO P, SMB500 The Re.-'ycling Revolution 6 ft. Standard Bench With No Back, 100% HDPE $ 157.60 $ 157.60 ASSEMBLED #SMB600 The Recycling Revolution (~ fL 'stari'l~n:f Bench With No Back, 100% HOPE $ 132..60 $ 132.60 UN.ASSEMBLED #SMB600 The Recycling Revolution 8 ft. ,Stancla~ Bench With No Back. 100% HDPE $ 204.00 S 204.00 ASS'--MBLEO f;SMBS00 The Recy~ing Revolution 6 f'. stanoaro Benct~ With No Back. 100'4' H[:)P-- $ 179.50 $ 179.50 UNASSEMBLED #SMBS00 The Recycling Revolution 4 fL Star,3aKI Benc~ With Back. 100'/o HDPE $ 161.50 ! $ 161.50 ASSEMBLED #SPB400 The Recycling Revolution 4 P.. Stan~laro Bench With Bac)'. 100% HOPE $ 136.50 $ 136.50 UNA$SEMBLED #SPB400 The Recycling Revolution 5 h. Star',(3am Bencr~ With Back. 100% HDPE $ 18F,.25 $ 5.567.50 ASSEMBLED #SPB500 The Re=y~ing Revotution 5 f'~ Slanc~arcl Bench With Back, 100% HOPE $ 161.25, $ 4,837.50 UNA$SF~VIELED #SPBS00 The Recycling Revofution 6 f:.. Slanclard Benc~ With Bact,:, 100% HOPE S 221.00 $ 22.1.00 ASSEMBLC:D #-SPB600 The Recycling Revolution 6 ~. Slan,'Jarc Bench ',~Vith Back. 100% HOPE .c 196.00 $ 19§,00 IJNA~$EMBLED #SPBSDO ,'The Re.-vcl~r).o Revolution Slan~tard ~With Back. 100% HDPE_ ~ $ 265.00 $ 265.00 UNASSEMBLEU ~.~, Pier Bench~ll~Back. 100% HOPE ~ $ 299.00 $ 299.00 ASSEMBLED I #RPPB-6 ~Earlllly, Fnen 6 fL Pier 8enct~lliltBack, 100% HOPE'~,a~i3,~L~ $ 300.00 $ 300.00 UNASSEMBLED #PB6 ~/~lllt~ng Revo~u~ 8 f:,. PierBenchl~l~ack. 100% HDPE $ 400,00 $ 400.00 UNASSEMBLED #PBS Tlimel~ll:tlng Revo~mz · 4 fL Bus Stop BaIIlWith Back. 100% HOPE S 153.50 $ 153.50 ASSEMBLED #DPB400 ~ Rl~l~ng Revozu~ 4 fL Bus Stop B~a~llWith Back. 100% HOPE 5 128.50; $ 125.50 UNASSEMBLED #DPB400 ~ ~ Revo~ul: 6 fL Bus Stop Ball~With Back. 100% HOPE $ 222.60 I $ 222,60 ASSEMBLED #DPB600 6 ~t Bus StoD 8elllll~F/lth Back, 100% HOPE $ 197.60' $ lg7.60 UNASSEMBLED #DPB600 lilac 8 fL Bus Stop Bellllll~tfith Back, 100% HOPE $ 288.00 $ 288.00 ~ ASSEMBLED #DPB800 8 fL Bus Stop. Be~ll~With Back. 100% HOPE $ 263.00 $ 263.00 UNASSEMBLED #DPBB00 · fL LoveseatBell~ltWithBack. 100% HOPE ~~ -S ~59.00 $ 359.00 ASSEMBLED #RPLS-4 illmI~yFdenc~ 4 fL Love Seat ~ With Back. 100% HDPE $ 320.00 $ 320.00 UNASSEMBLED #LS4 11~ ~ Revo~tn:c 6 ~, :Love Seat ~ With Back. 100% HOPE S 420.00 $ 420.00 UNASSEMBLED fiLS6 ~ ~ Revoli. r'.:c 8 fL Love Seat I~ With Back. 100% HDPE $ 530.00 S 530.00 ASSEMBLED #LS8 l~e 8 ~. Love Seat B~Jll~With BacK. 100% HOPE $ 480.00 $ 480.00 UNASSEMBLED #LS6 4 ft. Bicycle Rac~/il0e,~ HDPE j,f,~,~,,~ $ 203.00 $ 203.00 UNASSEMBLED #BR400 'lmme l~leang Revo(u~o 6ft. BicycieRaclL~0%HDPE v,-).~,~jf $ 304.00 $ 304.00 UNASSEMBLED #BR600 8 ft. !Bicycle Rack. ~0% HOPE ~/A~w-3~ $ 406.00 S 406.00 UNASSEMaLED #BR800 ~ I~eang Revofu~=~ 32gaL TrashRer:ellll~&$quareWilhFlatTol3.100%HDPE $ 299,00 $ 299.00 ASSEMBLED #RPTRr"T 32 gal Tra$13 Rece~. Square With Fiat To6. 100%HOPE $ 430.00 i $ 430.00 UNASSEMBLED #STR32 ~tlllllJlllng Revolubor 55 gal, Trasll Recell1~le. Skiing. Round $ 222..50 $ 222..50 UNASSEMBLED #RS55 11~ ~ Revotu*.~or 32 gal. Trash Rece~lele. Skirting, Rouna z~z,,.~ S 188.10 $ 4.514.40 UNASSEMBLED #RS32 li~ll~lelitlg Revolubor 20 gal Tras~ Rece~llle~o Skirting, Round S .158 00 $ 158,00 i UNASSEMBLED #RS20 32 gal. :See Item #2~ Of St:~ecs. $ 209,00 $ 4.180.00 UNASSEMBLED #2g~30HDP ~t~ Pad( & Rec. 22' X 14' Planter. Sciu~l~ $ 304.70 $ 304.70 ASSEMBLED #PL22 l~ellljl~g Revolut:o ~ X 14' Planter. SClua~ $ 274.70 $ 274,70 UNASSEMBLED #PI,Z2 11te~l:lmg RevoiuMc 16' X 10' Planter, Squm'e S 270.90 S 270.90 ASSEMBLED #PL16 11~etlllllllmg Revoiuti; 16' X 10' Planter. Soua~ $ 240.90 $ 240.90 UNASSEMBLED #PL16 1-aetlllelmg Revo~ull 12' X !6' Planter. Souare S 256.80 $ 256.80 ASSEMBLED #PL~ 2 11~llllleimg Revol~ 12' X !6' Planter. S~uI~i $ 226.80 $ 226.80 UNASSEMBLED #PL12 11~L ......... ~:- :inq Revolu/ ~A~, Recycled Lumber Ilelt C~nsurner Co-mingled Plastic .: .: ' : , . · ecycled Luml~t Plastic, Comm_,gte~ $ .77/LF $ O.T7 I-~12X2-1;2 $ .6g/LF $ 0 69 1-112X2-112 R.G IO'L. I~ltema~ S .66/LF $ 0.66 1-1.'2X2-1/2 R.G 10' L IIllAImma ~(e,"ycieM Lurllber, Plastic. Commgleo $1.03/LF $ 1.00 1-112X,3-1;2 #L2.X4 ~ Pias $ .95/LF S 0.95 1-1;2X3-I;2 R.G 10' L. ~lAllern; ...... $ ,g2/LF' $ 092 ...... I-q;2~:3~1;2 R.G 10' L. City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director/~ FROM: Charles L. Bender III, CD Coordinator ~. DATE: October 29, 1998 SUBJECT: 1998-99 Community Development Block Grant Subrecipient Funding Agreements: MAD DADS, Alpha Time Child Care Center, Community Child Care Center, and the Urban League of Palm Beach County ITEM BEFORE THE COMMISSION This is to request approval to execute the agreements for the funding of the above listed subrecipients under the 1998-99 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on August 4, 1998, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 1998-99. The Action Plan contains appropriations for the agencies as listed above and was approved by the Commission. CDBG Program regulations at 24CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting, among other necessary requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed by the City Attorney for legal sufficiency. RECOMMENDATION Staff recommends approval to execute the attached four (4) agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 1998-99. AGENDA REQUEST Request to be placed on: Date: October 29. 1998 __ Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda When: November 3, 1998 Description of item · Request to approve and execute agreements for funding of four (4) Community Development Block Grant subrecipients for Fiscal Year 1998-99. Funding to come from various accounts within the CDBG fired. Total funding is $97.850 (made up of $92.850 CDBG Public Services / $5.000 General Revenue Public Services) ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends ormroval and execution of the a~reem~nts for funding. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items ~expen.diture of funds): FundingAvailable: ~O~ ~_~(~_)/c:>/'2'~ ]°~~~ Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda:~ff/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved u:\cdbg98\grtagen.doc AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH MAD DADS OF GREATER DELRAY BEACH THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this THIRD (3rd.) day of NQVEMBER, 1998, between the City of Delray Beach, hereinafter referred to as "City" and MAD DADS of Greater Delray Beach, hereinafter referred to the "MAD DADS", having its principal office located within the corporate limits of Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on August 4, 1998 and effective October 1, 1998 through September 30, 1999, of $53.250 in Community Development Block Grant Funds to MAD DADS for the partial salaries of two (2) full-time positions at forty. (40) hours per week, to assist in the City's Neighborhood Stabilization efforts, upon the following terms and conditions: The awarded CDBG funds are provided in support of the following activities: a.) Coordinating crime prevention activities through neighborhood/resident associations; b.) Establishing support groups for parents of children identified by the local school system as economically disadvantaged; c.) Organizing mentors for high risk youth; d.) Organizing supervised recreation programs with drug prevention components such as midnight basket ball programs, community youth choir, drill teams, etc.; e.) Working with local schools providing drop-out prevention programs; f.) Other activities which contribute to the stabilization/revitalization of the CDBG Target Area which has its boundaries, 1-95 to the West, Federal Highway to the east, Lake Ida Road to the north and Linton Blvd to the south. 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means MAD DADS of Greater Delray Beach e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse twelve (12~ monthly payments in equal amount~ of $4,437.50, for the partial salaries of two (2) full-time positions at forty (40) hours per week (includes salaries, FICA, and partial payment of health insurance benefits. Disbursements will be available no later than the first working day of each month, beginning in October, 1998 and continuing through September, 1999. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all monthly reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A- 110, A- 122, A- 133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $53.250 for the period of October 1, 1998 through September 30, 1999. Monthly release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Director of Community Improvement and the Community Development Coordinator. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 1998 will be processed . All service required hereunder shall be completed by the Agency by September 30, 1999. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Agency agrees to provide the City monthly time sheets to the city reflecting actual time worked (in accomplishing goals) by the CDBG funded positions and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first working day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. An activity report identifying progress made, problems encountered and proposed solutions to the same should also be submitted. Time sheets shall reflect actual hours worked by the Program Director and the Neighborhood Coordinator of the MAD DADS organization. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 1999. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreements upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the subrecipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (subrecipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Subrecipient: Singed By: /' '? ,~_',~// /~(~/ Authorized Agency (~fficial WITNESSES: Signed By: Jay Alperin, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY £1TY OF OELAI:IY BEI:I£H CiTY ATTORNEY'S OFFICE TELEPHONE 561/243-7~'9~© ~b~iL~ 1~¢~]4755 DELRAY BEACH ~ MEMORANDUM AJl.~dca C~ TO: City Coml~ssion FROM: Brian Shutt, Assistant City Attorney SUBJECT: Interiocal Agreement Between the City and the CRA Planning Services This Interlocal Agreement provides that the City shall provide planning se~ices to the CRA involving the North Federal Highway Corridor, Osceola Park and the Central Business District. This involves the production of redevelopment and/or neighborhood plans for these areas. The CRA shall pay the cost for the planning services which will be $10,000.00 per year. The term of this Agreement is for one year. By copy of this memorandum to David Harden, City Manager, our office requests that this item be placed on the November 3, 1998 City Commission agenda. Please call if you have any questions. cc: David Harden, City Manager Alison Harry, City Clerk Diane Dominguez, Planning and Zoning Director Chris Brown, Executive Director CRA cracolll.rbs INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE DELRAY BEACH COMMUNi'I~ REDEVELOPMENT AGENCY FOR PLANNING SERVIC~q THIS AGREEMENT is made and entered into this day of , 1998 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City", and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA". WITNESSETH: WttEREAS, the City's Comprehensive Plan requires the preparation of redevelopment plans for locations within the City limits which are also located within the CRA's bounclazi~s; and WHEREAS, the City Commission has directed the Planning and Zoning Department to assist the CRA in the preparation of certain redevelopment plans; and WHEREAS, the CRA has in the past assisted in funding the preparation of redevelopment plans by the City; and WHEREAS, the CRA wishes to continue contracting with the City for the plamfing services. NOW, THEREFORE, in consideration of the mutual covenants and promises hcze~ contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The term of this contract shall be for one year commencing on October 1, 1998. 3. The City shall provide planning services to the CRA, including but not limited to working with the CRA and consultants (if applicable) on producing the redevelopment or neighborhood plans and associated planning tasks in the following areas: a. North Federal Highway Corridor b. Osceola Park c. Central Business District The CITY will be the lead agency in the preparation of plans for the North Federal Highway Corridor and Osceola Park. The CRA shall be the lead agency for the preparation of the plans for the Central Business District. 4. The intended scope of work is to produce redevelopment and/or neighborhood plans which incorporate the information gathered and produced at meetings with the respective neighborhoods. In the event revisions to the plans are necessary, the City agrees to ensure that plan revisions are made until plan adoption. 5. The CRA will make available any information currently collected for the plan as well as providing support assistance. 6. The CRA will pay for the cost of planning services to produce the redevelopment and/or neighborhood plans. The estimated cost for the p}nnnlng services shall be $10,000.00 per year. Payments shall be made in the amount of $2,500.00 per quarter. The first payment shall be due on or before October I, 1998. 7. Costs of supplies, excepting reproduction of the completed plan, will be borne by the City. 2 8. Prior to the effectiveness thereof and pursuant to the requirements of Section 163.01(11) of the Florida Statutes, this agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Iudicial Circuit in and for Palm Beach County, Florida. 9. No prior or present agreements or representations with regard to planning services shall be binding on the City or the CRA unless included in this contract. No modification or change in this contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 10. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof of tiffs contract shall have no effect upon the validity of any other part or portion hereof. I1. To the extent allowed by law, the venue for any action arising from tl~s contract shall be in Palm Beach County, Florida. 12. This contract shall be governed by and in accordance with the laws of the State of Florida. 13. Neither the City, nor the CRA, shall assign, convey or transfer any rights or interest in tiffs Agreement without the written consent of the other. 14. This agreement is not valid unless signed by the City Mayor and City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney Print Name: ~"'~'q"~' '~'~F~c~or~ Print Name: ~o,,,~,.~)~,~AT. DIANE G. HERVE¥ State of Florida Coun~ of Pa~ Beach 28, gONDED THRU ~e fo~ego~g ~ent w~ ac~owledged before me ~~day of ~, 199~ by ~/~~ ~. ~~ , who is pe~so~ly ~own ~ idem~cation. of Hofida cra-2.agt 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~H' - REGULAR MEETING OF NOVEMBER 3, 1998 SERVICE AUTHORIZATION ~36/HELLER, WEAVER & CATO (SURVEYING FOR SOUTHWEST STREET IMPROVEMENTS) DATE: OCTOBER 29, 1998 This is before the Commission to approve a service authorization in the amount of $12,810.00 with Heller, Weaver & Cato, Inc. for surveying services associated with the S.Wo 1st Avenue, S.W. 1st Street and S.W. 3rd Street water main upgrade and roadway improvements project. The streets to be surveyed are outlined in the attached memorandum from Environmental Services. The boundaries are shown on the accompanying map. Funding will be from 442-5178-536-63.98 (W&S Renewal & Replacement - SoW. 1st Water Main) through budget transfer from 442-5178-536- 61.78 (Water Distribution Improvements). Recommend approval of Service Authorization #36 with Heller, Weaver & Cato, Inc. ref:agmemoll Agenda Item No. ~U' AGENDA REQUEST Date: Oct. 23,1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Nov. 3, 1998 Description of item (who, what, where, how much): Execution of service authorization number 36 to Heller, Weaver and Cato, Inc. in the amount of $12,810.00 for SW 1st Avenue, SW 1st Street and SW 3rd Street Improvements project, Project 99-012. The funding for this project will be provided from the following: Funding Source Account Number Amount Water & Sewer R/R 442-5178-536-63.98 $12,810.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends execution of the service authorization number 36 to Heller, Weaver and Cato, Inc. in the amount of $12,810.00 for the SW 1st Avenue, SW 1st Street and SW 3rd Street Improvements project, Project 99-012. ~,~~.~~! ~~ Department head signature: · 10-~?-7~6'' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): available(~/NO .~ Funding _ : Funding alternatives (if applicable) Account No. & De,scription~,.~l~-_'~5~.(~ Account Balance ~ ~,~%0 City Manager Review: ~N Approved for agenda: 0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: Mr. David T. Harden, City Manager THP,OUGH: Randal Krejcarek, P.E. City Engineer ~'"'~ FROM: William A. Grieve, Civil Engineer ~ DATE: October 27, 1998 SUBJECT: SW Ist Avenue, SW 1st Street and SW 3r~ Street Improvements Project No. 99-012 Please find enclosed the agenda request for Commission to execute the service authorization number 36 in the amount of $12,810 to Heller, Weaver and Cato Inc. to survey the area encompassing SW 1st Avenue, SW 1st Street and SW 3r~ Street Improvements. I have enclosed a map illustrating the streets to be surveyed. The streets to be surveyed include the following: I SW 1st Ave. SW 1't St. SW 3rd St. $2306.00 2 SW 1st St. SW 1st Ave. Swinton Ave. $6917.00 3 SW 3rd St. SW 2n~ Ave. Swinton Ave. $3587.00 Funding Source Account Number Amount Water & Sewer R/P, 442-5178-536-63.98 $12,810.00 If acceptable, please place this item on the November 3, 1998 Commission meeting for Commission approval. Attachment cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director File: 98-012 (A) AGENMEMO.doc HELLER-WEAVER AND CATO, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: o~-roj~E'i~ Z~ ) /~ SERVICE AUTHORIZATION NO. ~ ~=' FOR CONSULTING SERVICES CITY P.O. NO. (CITY) HELLER-WEAVER AND CATO, INC. qqz - TITLE: WATER MA1N UPGRADE AND ROADWAY IMPROVEMENTS SW 1st Avenue, from SW 1st Street to SW 3rd Street SW 1st Street, from SW I st Avenue to Swinton Avenue SW 3rd SWeet, from SW 2nd Avenue to Swinton Avenue PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Con- tract, Dated July 25, 1991, between the City of Deiray Beach and Heller-Weaver and Cato, Inc. Project Description: A topographic mapping survey locating all above and below ground improvements, including significant .langlseap- lng, driveway aprons, and walks within SW 1st Avenue, from SW 1 st Street o SW 3rd Street; SW 1 st Street, from SW 1st Avenue to Swinton Avenue, and SW 3rd Street, from SW 2nd Avenue to Swinton Avenue " Scope of Survey Services: Platted rights-of-way (including bearing and distances for centerlines), lot numbers, block numbers and dedicated easements. ' 1. Platted rights-of-way (including bearing and distances for centerlines), lot numbers, block numbers and ded- · icated easements. - - _ 2. All improvements, physical objects, driveways and significant landscape (i.e., trees, shrubs) within the right- -~ of. Way.- - . _ _ 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other under- ground utilities shall be the Surveyor's responsibility. 4. All topographical surveys shall have stationing established from south to north and west to east where appli- cable. 5. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and side- walks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. 6. The survey shall include topography of the complete intersection at the terminal ends of this project. SW 1st Avenue, from SW 1st Street to SW 3rd Street SW 1st Street, from SW Ist Avenue to Swinton Avenue SW 3rd Street, from SW 2nd Avenue to Swinton Avenue Page Two Mapping will be prepared in AutoCad format as one continuous file. The City of Delray Beach will provide copies of all available subdivision plats, as-builts, and any other instru- ments as required for the scope of the aforementioned services. Submittal Materials Any field notes in neat legible format. One plot of the drawings signed and sealed by a registered land surveyor for record purpose at 1"=20' scale. A computer disk with survey and drawing information compatible with AutoCAD Version 12. Separate layers for AutoCAD drawing information are to be established (as directed by the City of Delray) at a minimum as follows: I. Right-of-way text 2. Right-of-way lines .3. Lot text 4. Lot lines 5. Locations text 6. Locations information 7. Topographic text 8. Survey notes and information Fe.._ge The above mentioned services will be provided for a lump sum fee of Twelve Thousand Eight Hundred Ten Dol- lars and no/100 ($12,810.00). Completion Date Six (6) weeks after authorization to proceed, project will be completed. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the comple- tion 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 contract without incurring any further liability. The CONSULTANT may not com- mence work on any service authorization approved by the City to be included as part of the contract with out a further notice to proceed. SW 1st Avenue, from SW 1st Street to SW 3rd Street SW Ist Street, from SW 1st Avenue to Swinton Avenue SW 3rd Street, from SW 2nd Avenue to Swinton Avenue Page Three Approved By: CITY OF DELRAY BEACH: CONSULTANT: HELLER-WEAVER AND CATO, INC. Date: Date: ,,OEf'Oi~r 22, 1998 Jay Alperin ......... John ~-. ~0~I~'~;IS-'~ - Mayor ~.eside~ /:. Attest: City Clerk . .~ Approved as to Legal Sufficiency Form: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged before me this 22nd dayof October , 1998 by John D. Weaver, President of Heller-Weaver and Cato, inc., a Florida c°r~oration, on behalf of the corporation. He is ,"~'. ~, iNA E. LEVINSON ~ ~- I ..... ~'~ My Comrn Exp. 41! 8.100 S,~nature of I~rson Taking Acknow edgment "'""'~" :~i Bonded By Service ins ..... ~.s~ ersor~/Knovtn tlOm~tn. Ina E. Levinson Signature of Acknowledger (typed, printed or stamped) Iile:\jdw~db~db~on29.pub Il '"Ill l[lll]ll[l[i ATLANTIC AVENUE ST. S.E. 1ST ST, ST. ~ S.E. 2ND ST. S.E. -TI II II I I ! I [ I"I Is.[. sm s,.' . I CITY of DELRAY BEACH~,~, ~., I~~=:1011,1"1991ole l ~ E~RON~ENT~ SER~CES DEP~T~ENT ~ S.~. 1ST. ~NUE ~:~ I ~ ~ ~ ~, o~Y MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ 1 SUBJECT: AGENDA ITEM - REGULAR MEETING OF NOVEMBER 3t 1998 SERVICE AUTHORIZATION $8/CH2M HILL (BENCH SCALE MEMBRANE TREATMENT STUDY) DATE: OCTOBER 29, 1998 This is before the Commission to approve Service Authorization #8 in the amount of $107,964.00 with CH2M Hill for consulting services in conjunction with a bench scale membrane treatment study for compliance with EPA requirements under the Information Collection Rule section of the Safe Drinking Water Act. The project scope includes bench scale testing for reduction of total organic carbons in raw water using membrane treatment, preparation of a report of findings and submittal to the Environmental Protection Agency. Funding for this project is budgeted and available in 441-5122- 536-31.30 (Water Treatment & Storage - Engineer/Architect). Recommend approval of Service Authorization #8 with CH2M Hill. ref:agmemol0 f-.r' Agenda Item No. O AGENDA REQUEST Date: 10/28/98 Request to be placed on: Workshop Agenda When: 11/03/98 XX Regular Agenda __ Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization #8 to CH2M Hill for consulting services in conjunction with a Bench Scale Membrane Treatment Study for compliance with EPA requirements under thc Information Collection Rule Section of the Safe Drinking Water Act. Project scope includes Bench Scale Testing for reduction of total organic carbons in raw water using membrane treatment, preparation of a report of findings and submittal to EPA. The cost for services described is $107,964.00 with funding from WTP Account #441-$122-536-31.30, Engineering/Architect. ORDINANCE/RESOLUTION REQUIRED: YE~) DRAFT ATTACHED YE~) Recommendation: Staff recommends approval of Service Authorization #8 for CH2M Hill DEPARTMENT HEAD SIGNATURE: " , ,,_ .. (o -~f'- ~o 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{~fNO ,gPfd ~/~&f_6~//q//&r/~/~'~ f Funding alternatives (if applicable) Account No. & Descyiptio~/~/~ - ~' ] ~ -~ / ~ f~ ~q / ~d~/~f C~'' ~ ~ Account Balance ~ /~ F)/D '~ ~ 70/~f 9T ~ ~ City Manager Review: Approve~for agenda:ffe~m 0 ~/~ Hold Until: ~ ~' { Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Director of Environmental Services SUBJECT: BENCIt SCALE TREATMENT STUDY INFORMATION COLLECTION RULE OCR) DATE: October 28, 1998 Attached is a copy of Service Authorization//8 for CH2M Hill for provision of consulting services regarding Bench Scale Membrane Treatment Testing for reduction of total organic carbons (TOCs) in the City's raw water supply. This testing is required by EPA under the Information Collection Rule Section of the Safe Drinking Water Act (SDWA). Test results will be submitted in report form to EPA for their use in future rule making and establishment of maximum contaminant levels for disinfectant byproducts (DBP). DBPs are formed when organic carbons naturally occurring in water supplies react with chlorine, a common disinfectant used in the water treatment process, to form Trihalomethanes (THMs) which are considered potential carcinogenic compounds, and are regulated as primary contaminants under SDWA. Of the three options available to the City in complying with ICR as described in the attached Service Authorization, Commission directed staff at their February 9, 1997, regular meeting to notify EPA that the City would pursue the Bench Scale Membrane Treatment Study. At that time, the estimated cost of the study, as presented to Commission, was $150,000.00. The attached proposal from CH2M Hill includes performance of the requisite treatment study, preparation of the report of findings and submittal of the report to EPA by the established July, 1999, deadline. The total cost for these services is $107,964.00. Funding for this expense is budgeted and available in Water Treatment & Storage Account//441-5122-536-31.30, Engineering/Architect. Please place this item on the November 3, agenda for consideration by Commission. RCH: jem c: C. Danvers Beatty, P.E., Deputy Director of Public Utilities Don Haley, Water Treatment Plant Manager CH2M HILL SERVICE AUTHORIZATION 8 DATE: October 26, 1998 PAGE I__OF 4 Service Authorization No. 8 to the Agreement to Furnish Professional Services Dated June 6, 1995, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. No.: City Expense Code: City P.N.: __ Title: Membrane Bench Scale Treatment Study to Comply with the Information Collection Rule Category of Work: Professional Engineering Services - Study Background This task order will authorize CH2M HILL (CONSULTANT) to provide laboratory and engineering services to a conduct membrane bench scale treatment study as required under the Information Collection Rule (ICR). The CITY water system has completed the required total organic carbon (TOC) monitoring under the ICR. The TOC monitoring confirmed that the City's groundwater source has a TOC greater than 2 mg/L which will require the CITY to conduct a bench scale treatment study between April 1998 and April 1999. Introduction The ICR was promulgated by EPA on May 14, 1996. It was the result of the Reg-Neg process between EPA, Utilities, and other Public Stakeholders. The ICR requires public water systems that meet certain applicability criteria to conduct disinfection byproduct (DBP) precursor removal studies, referred to as treatment studies. These treatment studies are intended to provide cost and performance data on granular activated carbon (GAC) and membrane processes for meeting the DBP regulation. As a groundwater source with a service area of greater than 50,000 people, the CITY was first required to conduct TOC monitoring to determine whether additional requirements were necessary under the ICR. Because the City's TOC was greater than 2 mg/L, a bench- scale treatment study is required. The CITY has three alternatives to meet the bench-scale treatment study requirements of the ICR. Buy-Out Option · GAC Testing · Membrane Testing The CITY has indicated to EPA that they will conduct Membrane Testing or Bench-Scale Membrane Treatability Test (RBSMT). The CITY has chosen to test membranes because most Florida utilities are choosing membranes as the preferred future water treatment process in South Florida. Although the RBSMT option is a slightly higher cost than the Buy- DFB/981110088/LSB561 .DOC 1 CH2M HILL SERVICE AUTHORIZATION 8 DATE: October 26, 1998 PAGE 2OF 4 Out option offered by the ICR, the CITY will receive data on their groundwater treatability. The CITY has also received approval from EPA to perform the RBSMT only one time rather than once each quarter because the raw water used by the city does not vary. Under the Buy-Out Option, the CITY would pay EPA $100,000 for not collecting data and would in essence receive nothing other than the avoidance of testing under the rule. Scope of Services The CONSULTANT will provide specific services to the CITY in accordance with the following task descriptions. Task 1-Bench Scale testing CH2M HILL's Applied Sciences Lab (ASL) will perform the bench-scale testing using flat sheet membranes. The procedures to be used by the ASL for the RBSMT is defined in the USEPA document "ICR Manual for Bench-and Pilot-Scale Treatment Studies". All chemical analyses related to the treatability testing will be performed at the ASL. This laboratory is an ICR laboratory certified by USEPA. It is dedicated to the analysis of drinking water, unusual matrices, and special analytical services. The ASL has the expertise to perform all analytical work. The ASL also has a full complement of treatment equipment including two rapid small-scale membrane test cells. The ASL will conduct analysis under its Quality Assurance Program as required by the ICR. The ASL will ship containers to the City for collection of the raw water samples. The CITY will provide water samples for the bench-scale test that will be conducted one time in the fall 1998. The CITY will provide raw water prior to pre-chlorination to be used in the study. Pretreatment of the water supplied by the CITY such as pH adjustment and filtration will be made by the ASL. The CONSULTANT will also provide services to coordinate the study with the ASL, CITY and EPA, as well as prepare submittals to EPA as described below. Task 2-Prepare Reports for EPA The EPA requires both formal reports and forms as a part of the treatment study. The two reports required are as follows: · Test Plan -- This is about a 2- to 10-page document that outlined the approach prepared by the CONSULTANT and submitted by the CITY with the TOC results in December 1997. This task has been completed as part of a separate authorization. · Final Report -- This is a longer report, 20 to 30 pages, with a prescribed outline. This report is due by July, 1999. The CONSULTANT will prepare the Final Report and submit it on behalf of the CITY. DFB/981110088/LSS561.~3C 2 CH2M HILL S~RVlCE AUTI4ORIZATiON 8 ~AGE ~_OF _~ the CONSULTANT will also prepare and submit the following infor~tion to EFA on behalf of the CITY. 1. General Communication updating EPA on the study progress 2. Pinal R~port Assumptions The work described herein is based upon ~e assumptions listed below, Should conditions differ from those assunmd in a manner that will affect schedule or scolpe of work, the CONSULTANT will advi~ the CITY in writing of the magnitude of the reqtdred adjust- ments. Changes in completion schedule or compensation to the CON.C,ZILT~..NT will be negotiated by the CITY. * The CITY will provide available information and assistance to the CONSULTANT for completing the Treatment Study * The CITY will collect the water samples using the containers provided by the ASL and return ~e containers to the A~L for the bench scale testing. Compensation to the CONSULTANT Compensation for professional consulting ~rvices described herein is estim.~t~ at $107,964. Compensation for services shall be in accordance with Article VII,A.1 of the AGREEMENT. Exl-dbit A attached presents a breakdown of the estimated labor and e~ens,: c'h~rges per the Agreement. Project Schedule The work proposed under this Task Order is anticipated to be completed within 9 months from the Notice ~o Proceed. This service authorization is approved contingent upon the CITY's acceptance of and satisfaction with the completion o~ the services retu:tered in the pmvtc.us phase or as encom- passed by the previous service authorization. If the CITY in its role cU;~crettcn is unsatisfied with the services provided iv. the previous phase or service authorization, the CITY may terminate the contract without incurring any further liabili~'. The CONSUL'r~NT may not CH2M HILL SERVICE AUTHORIZATION 8 DATE: October 26~ 1998 PAGE 4OF 4 commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CH2M HILL, INC. Date: Thomas McCormick, P.G. (Date) ' Vice President, Area Office Manager Witness Jay Alperin, Mayor Witness Attest: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this ~ day of ,1998, by Thomas MCCormick, Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Print Notary Name: Notary Public State of Florida DFB/981110088/LS856! ,DOC 4 Exhibit A Membrane Bench Scale Treatment Study to Information Collection Rule Category Cost per I Task No. Project Senior Manager/Senior Consultant $ 105 I Program Manager/Technical Consultant $ 98 I $ ' Senior Project Manager/Technical $ 86 I 12 24 $ 3,096 Senior Project Professional $ 77 I$ - Project Professional II $ 68 I 12 32 $ 2,992 Project Professional I $ 581$ Lead Technical Supervisor $ 69 I Senior Technician $ 57 I Certified Technician (Designer) $ 52 I $ Technician (Drafter) $ 47 I $ Junior Technician $ 42 I $ ' Technical Aide $ 38 I 4 8 $ 456 Office Support ri ~i$ Labor Subtotal Reimbursable Expenses Trans ortation Communication Charge ~ ~ons/Specs/Drawings ~ TestingP°Sta eandHandlin ~~'~~' ~ Services ~ment Auto Travel/Mileage(Outside PBC) Subcontractors lus 10% Pro'ect Total $ 107,964 DFB/981110088/LSB561 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM S'~.- REGULAR MEETING OF NOVEMBER 3, 1998 SERVICE AUTHORIZATION #6/MPA ARCHITECTS (POMPEY PARK BALLFIELD IMPROVEMENTS) DATE: OCTOBER 29, 1998 This is before the Commission to approve Service Authorization #6 in the amount of $25,890.00 with MPA Architects, Inc. for professional services related to the Pompey Park Ballfield Improvements project. The project scope includes design and preparation of construction documents as well as bidding and construction administration services for the site work and amenities included on the conceptual master plan. It also includes landscape and irrigation improvements to the parking lot west of the gymnasium to comply with City standards. Funding will be from 334-4172-572-63.03 (General Construction Fund - Pompey Park Ballfield). Recommend approval of Service Authorization #6 with MPA Architects, Inc. ref:agmemo9 Agenda Item No. ~' '~' AGENDA REQUEST Date: October 28, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: November 3, 1998 Description of item (who, what, where, how much): Staff requests the City Commission approve Service Authorization ~ to MPA Architects, Inc in the amount of $25,890.00. for the design, bidding and construction phase services at Pompey Park Ballfield Improvements (PN 98-20). Funding is available from the Pompey Park Ballfield Improvements account no. 334-4172-572-63.03. ORDINANCE/RESOLUTION REQUIRED: Not required. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re~lui~d on all items involving expenditure of funds): Funding available: E~NO ____ Funding alternatives(if applicable): /,../ Account No. & Desc~ption._~ - -5~'/~'~ ~' "7,,~ /~. ~. D_~ ~/~,Z~i.,/ ,~,,'~ /~//~ Account Balance ,~/~*7'.~,~--X'F' ~--'~;'~ 7o7~'/-¢,f' City Manager Review: '-~./ .. ~ ~.) / / Approved for agenda: ~)5~/NO ~4~/ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9661\agreq616 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Howard Wight C /~ _n~ Deputy Director ESD Date: October 28, 1998 Subject: Pompey Park Ballfield Improvements Proiect No. 98-20 Attached for City Commission approval is Service Authorization #6 to MPA Architects, Inc. for the Pompey Park Ballfields. The scope of work includes the preparation of the construction documents, bidding and construction administration phase services for the sitework and amenities included on the conceptual master plan. Additionally, it includes landscape and irrigation improvements to the parking lot west of the gymnasium to comply with current City Standards. The total fee for all of the services is $25,890.00. Funding Source is 334-4172- 572-63.03 (Pompey Park Ballfield Improvements) cc: Joe Weldon File 98-20 (A) s\...~9820~agmem CONSULTING SERVICE AUTHORIZATION DATE: 9129198 SERVICE AUTHORIZATION NO. 6 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: RENOVATIONS TO POMPEY PARK RECREATIONAL FACILITIES This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract. TITLE: RENOVATIONS TO POMPEY PARK RECREATIONAL FACILITIES 1. PROJECT DESCRIPTION Furnish construction document, bidding and construction administration phase services for the implementation of the conceptual master plan developed and approved under previous consulting service authorization. Project to be completed in a single phase. 2. SCOPE OF SERVICES A. Professional services outlined below shall include architecture, landscape architecture, civil engineering, structural engineering and mechanical engineering. B. Construction documents for the sitework and amenities included on the conceptual master plan. C. Attendance of meetings as follows: 1. 3 meetings with staff during construction document development D. Preparation of minutes for all meetings mentioned in Item C. above. E. Preparation of (1) final estimate of probable construction cost at the end of construction document phase services. F. Bidding phase assistance including attendance at pre-bid meeting, preparation of addenda as requested and assist Owner in evaluation of bids received. G. Construction administration phase including periodic site observations, attendance at progress meetings, preparation of minutes of progress meetings, review of contractor's applications for payment and shop drawing review. 6. BUDGET A. For Services as outlined above: Construction Documents ........................... $15,700.00 Bidding Phase Services ............................ $ 1,785.00 Construction Administration Phase Services ............ $ 7,130.00 Reimbursable Expenses ............................ $ 300.00 TOTAL LUMP SUM FEE ........................... $24,915.00 6. COMPLETION DATE 120 days from date of Notice to Proceed 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 contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. APPROVED BY: CITY OF DELRAY BEACH: CONSULTANT: MPA Architects, Inc. DATE: DATE: ~" BY: ~ DAVID T. HARDEN, CITY MANAGER RICHARb J.~,~G/(N,~[IA, PRESIDENT V ~ ,~(Seal) Attest: Attest: Approved as to Legal Sufficiency and BEF~}~.,.,~E ME, the_~.re..~.go, inc,g~in.s, trument, Form this /._?-f dayof ~.J~ ./.AJcC , 19,98,_wa_s acknowledged by~./'~d ~, dF)(Z~d.~3 , on behalf of the Corporation and said person executed the same free and voluntarily for the purpose therein expressed. Witness my hand and seal in the County and Sjate aforesaid this ~ day of Notary Public · State of Florida My Commission M P A Architects, Inc. Architect~ · Planners. Interior Designers Est. 1959 License #AAC000630 1551 Forum Place October 16, 1998 suite 40o-A west Palm Beach, FL 33401-2381 (407) 683-7000 FA~x Mr. Howard Wight, Construction Manager (407) 478-3922 CITY Of DELRAY BEACH DEPARTMENT OF ENVIRONMENTAL SERVICES 434 South Swinton Avenue Richard J. Logan Delray Beach, FL 33444 Daniel T. Canavan RE: CONCEPTUAL MASTER PLAN POMPEY PARK RECREATIONAL FACILITIES DELRAY BEACH, FLORIDA PROJECT NO. 98-20 MPA FILE: 9813 Dear Mr. Wight: This letter is to serve as a supplement to our Consultant's Service Authorization Number 6 for the referenced project.. The supplement is for additional services required to produce construction documents to bring the existing parking lot area in conformance with the current landscaping requirements as requested by your office. The additional construction document services required include landscape and irrigation. The total lump sum fee for the additional services is $975. The total lump sum fee for all of the services will be $25,890. If you have any questions regarding this proposal, do not hesitate to contact our office. Very truly yours, - ocr, :. Vice President 'L NEEa/N~ ~I~WlGHT2. LE~R MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlg2XlAGER~ SUBJECT: AGENDA ITEM----~.' REGULAR MEETING OF NOVEMBER 3, 1998 RESOLUTION NO. 65-98 DATE: OCTOBER 29, 1998 This is a resolution assessing costs for nuisance abatement action required for the emergency board-up of an unsafe structure at 1630 South Congress Avenue in Delray Estates. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 65-98. ref:naagmemo RESOLUTION NO. 65-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS 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 Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner (s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the s~me 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. Res. No. 65-98 Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- 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 the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1998. MAYOR ATTEST: City Clerk -- 3 -- Res. No. 65-98 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Jatal C. Rawal ADDRESS: 6013 Rambling Hills Drive, Morrisville, NC 27560 PROPERTY: 1630 S. Congress.. Ave. , Unit B~ Delray Beach, Fi 33445 LEGAL DESCRIPTION: Buildin[ 65. Unit 2. Delray Estates III Condominium Beach County, Fi. You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $~,7.~ by resolution of the City Commission of the City of Delray Beach, Florida, dated ., 19 , has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 8-20-98 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. ;~ You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure, You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action 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 Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on ~-27-0R at a cost of $2/:7.66 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional/administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENTBY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF 'ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk COSTS INCURRED 2.40 PICTURES TITLE SEARCH 75.00 PLUbiBER SEPTIC TANK RECORDING 20.10 POSTAGE 9.12 POOL CONTRACTOR DEMOLITION BOARD UP 50.00 .. INSPECTIONS 32.26 TOTAL LESS 188.88 ADM. FEE $ 10% ADM. FEE $ 18.88 TOTAL COST LESS ADVERTISING $ 207.76 ADVERTISING 39.90 GRAND TOTAL $ 247.66 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM'S' - REGULAR MEETING OF NOVEMBER 3, 1998 RESOLUTION NO. 66-98 DATE: OCTOBER 29, 1998 This is a resolution assessing costs for abatement action required to remove nuisances on 30 properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 66-98. ref:naagmemo RESOLUTION NO. 66-98 A RESOLUTION OF THE CITY CO~A~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 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 public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- lng to seawalls) they must abate said nuisance, or file a written request for a hearing to review the .decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the t~me limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach,'through the city Administra- tion or such agents or contractors hired by the City ~ministration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Co-~ission a report of the costs incurred in abating said nuisance(s) 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 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) 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 individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, 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 ~mount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, 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 s~me manner as mortgages and fore- closures are under state law. 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 4~ediately mail by first class mail to the owner(s) Res. No. 66-98 of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable, within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's PASSED AND ADOPTED in regular session on this the day of , 1998. M A Y O R ATTEST: City Clerk Res. No. 66-98 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, W 50 FT OF E 200 FT OF S 135 JOHNNIE MARTIN, JR. $ - 0 - FT OF S 1/2 OF BLOCK 22, PB 10, P 38, PUBLIC 215 SW 7TM AVENUE 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (515 SW 2ND STREET) TROPIC ISLE 3RD SECTION, LOT 313, PB 25, P 37, MARK BODE $ 61.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 936 GARDENIA DRIVE 70.00 ADM. FEE (936 GARDENIA DRIVE) DELRAY BEACH, FL 33483 POINCIANA HEIGHTS OF DELRAY BEACH, LOT CARL J. CARTER, JR. 29, PB 26, P 245, PUBLIC RECORDS OF PALM 315 NW 12TM AVENUE $59..00 BEACH COUNTY, FL DELRAY BEACH, FL 33444 70.00 ADM. FEE (315 NW 12TM AVENUE) SECTION 17-46-43, E 50 FT OF W 583 FT OF S 140 FT JACQUEL DAWSON OF N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW C/O ANNAS RETREAT $ 84.00 1/4, PB l, P 3, PUBLIC RECORDS OF PALM BEACH ESTATE TUTU # E-7 70.00 ADM. FEE COUNTY, FL ST. THOMAS, US, V1 00802 (1404 NW 2r~D STREET) DONDI REALTY GROUP, INC. HALLER & GROOTMANS SUB, LOT 36, PB 5, P 4, P.O. BOX 1085 $ 41.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 70.00 ADM. FEE (434 NE 7TM AVENUE) WEST SIDE HEIGHTS DELRAY, LOT 4, BLOCK C, HATTIE L. HARDWICK ESTATE $59.00 PB 13, P 61, PUBLIC RECORDS OF PALM BEACH C/0 G. QUAIL 70.00 ADM. FEE COUNTY, FL NEW YORK, NY 10150-1908 (37 NW l0TM AVENUE) DELRAY BEACH HIGHLANDS SECTION 1, LOT 1, BRIAN P. HONAKER $41..00 BLOCK 8, PB 26, P 209, PUBLIC RECORDS OF PALM 1218 SW 22ND AVENUE 70.00 ADM. FEE BEACH COUNTY, FL DELRAY BEACH, FL 33445 (1218 SW 22r~ AVENUE) DEL RATON PARK, E 100 FT OF LOTS 34 TO 39, MASS INDUSTRIES, INC. $159.00 INC., BLOCK 36, PB 14, P 9, PUBLIC RECORDS OF 596 ADMIRALS WAY 70.00 ADM. FEE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (2300 & 2320 FLORIDA BLVD.) TOWN OF DELRAY, LOTS 22 TO 26, INC., BLOCK ALVAN E. MC FORD $ 77.00- 15, PB 13, P 18, PUBLIC RECORDS OF PALM BEACH 17831 NW 47TM AVENUE 70.00 ADM. FEE COUNTY, FL CAROL CITY, FL 33055-3255 (SW 7TM AVENUE) 4 Res. No. 66-98 REVISED ROSEDALE PARK, PARCEL A, PB 15, PINEWOOD PARK & $55.00 P 31, PUBLIC RECORDS OF PALM BEACH R V CENTER, INC. 70.00 ADM. FEE COUNTY, FL P.O. BOX 39872 (1710-1800 NO. FEDERAL HWY.) FT. LAUDERDALE, FL 33339-9872 OSCEOLA PARK, LOT 19, BLOCK 6, PB 3, P 2, WAYNE ROSEKE & $ 59.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL ALETHA ROSEKE 70.00 ADM. FEE (SE 6TM STREET) RR 10 BOX 2008 LAKE CITY, FL 32025-8821 HALLER & GROOTMANS SUB, LOT 31, PB 5, P 4, WANDALL A. WALKER $130.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 414 NE 7TM AVENUE 70.00 ADM. FEE (414 NE 7TM AVENUE) DELRAY BEACH, FL 33483 ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6, E. WILSON & $59.00 PB 14, P 63, PUBLIC RECORDS OF PALM BEACH HENRY WILSON 70.00 ADM. FEE COUNTY, FL PO BOX 1676 (142 SW 11TM AVENUE) DELRAY BEACH, FL 33447 MONROE SUB, LOT 26, BLOCK 12, PB 14, P 67, SHEDRICK & LONIE FASHAW $87.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL &WILLIE WRIGHT 70.00 ADM. FEE (NW 7TM AVENUE) 221 NO. COUNTRY CLUB BLVD. BOCA RATON, FL 33487 MONROE SUB, LOT 26, BLOCK 12, PB 14, P 67, SHEDRICK & LONIE FASHAW $69.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL & WILLIE WRIGHT 70.00 ADM. FEE (NW 7TM AVENUE) 221 NO. COUNTRY CLUB BLVD. BOCA RATON, FL 33487 TOWN OF DELRAY, N 37.5 FT OF E 130.44 FT OF W SHEDRICK & LONIE FASHAW $59.00 155.44 FT OF S 1/2, BLOCK 12, PB 1, P 3, PUBLIC & WILLIE WRIGHT 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL 221 NO. COUNTRY CLUB BLVD. (VACANT) BOCA RATON, FL 33487 RESUB OF BLOCK 17, DELRAY BEACH, LOT 26 ELISE JACKSON $39.00 (LESS W 50 FT), BLOCK 17, PB 21, P 90, PUBLIC 1587 NE 3RD AVENUE 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (352 NW 5TM AVENUE) NORTHRIDGE, W 1/2 OF LOT 8 & ALL LOT 9, PAUL E. NICOLLS $51.00 BLOCK 6, PB 23, P 168, PUBLIC RECORDS OF PALM 210 SO. SEACREST BLVD. 70.00 ADM. FEE BEACH COUNTY, FL DELRAY BEACH, FL 33444 (210 SO. SEACREST CIRCLE) OSCEOLA PARK, LOTS 21 & 22, BLOCK 104, PB 3, P JIM & JANICE SOODEEN $69.00 2, PUBLIC RECORDS OF PALM BEACH COUNTY, 309 SE 4TM AVENUE 70.00 ADM. FEE FL DELRAY BEACH, FL 33483 (309 SE 4TM AVENUE) ODMANNS SUB, LOT 21 (LESS 1-95 R/W) & LOT 22, DEIN P. SPRIGGS $46.75 BLOCK I, PB 4, P 53, PUBLIC RECORDS OF PALM 3200 NO. FEDERAL HWY #128 70.00 ADM. FEE BEACH COUNTY, FL BOCA RATON, FL 33431-6048 (19 NW 14TM AVENUE) TOWN OF DELRAY, LOT 7, BLOCK 26, PB 5, P 64, ABISSET CORP, 1NC. $61.00 5 Res. No. 66-98 PUBLIC RECORDS OF PALM BEACH COUNTY, FL PO BOX 7123 70.00 ADM. FEE (226 NW 4TM AVENUE) DELRAY BEACH, FL 33447 SUNSET PARK DELRAY, LOTS 2, 3 & LOT 23, PB 12, ARTHUR J. ALGONAS & $69.00 P 65, PUBLIC RECORDS OF PALM BEACH SUSAN C. ALGONAS 70.00 ADM. FEE COUNTY, FL 75 NE 6TM AVENUE #106 (328 SW 10TM STREET) DELRAY BEACH, FL 33483 TOWN OF DELRAY, LOT 16, BLOCK 35, PB I, P 3, GRACE BARNETT PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1401 39TM STREET $61.00 (309 NW 1sa" STREET) WEST PALM BEACH, FL 33407 70.00 ADM. FEE DELRAY SHORES, LOT 2, BLOCK 11, PB 24, P 233, FIRST NATIONWIDE MTG.. CORP $69.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/o CODILIS & STAWIARSKI 70.00 ADM. FEE (2403 ANGLER DRIVE) 4010 BOY SCOUT BLVD. 0450 TAMPA, FL 33607 TOWN OF DELRAY, LOT 19, BLOCK 25, PB 5, P 2, ALBERTA P. GAINES, TR $41.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O ANGELA LEE 70.00 ADM. FEE (306 NW 4TM AVENUE) 952 E. COTTON BAY DR. #1912 WEST PALM BEACH, FL 33406 TOWN OF DELRAY, S 50 FT OF N 200 FT OF W 120 EDWIN C. IVY $51.00 FT OF BLOCK 25, PB 5, P 2, PUBLIC RECORDS OF 519 SW 15TM TERRACE 70.00 ADM. FEE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (NW 5TM AVENUE) TOWN OF DELRAY, S 150 FT OF W 135.5 FT OF FRED D. MC COY & $61.00 BLOCK 26, PB 5, P 64, PUBLIC RECORDS OF PALM AMERIFIRST 70,00 ADM. FEE BEACH COUNTY, FL 17500 NW 68TM AVENUE 11210 (415 NW 2r~D STREET) HIALEEAH, FL 33015.4044 TOWN OF DELRAY, LOTS 7 & 8, BLOCK 36, PB 5, P WILLIE MAE RICHARDSON $51.00 38, PUBLIC RECORDS OF PALM BEACH COUNTY, C/O DOROTHY REEDER 70.00 ADM. FEE FL 7 PATTON STREET (34 NW 3RD AVENUE) ISELIN, NJ 08830 TOWN OF DELRAy, E 100 FT OF N 50 FT OF JULIA SCADLOCK $59.00 BLOCK 18, PB I, P 3, PUBLIC RECORDS OF PALM C/O LAWRENCE SCADLOCK 70.00 ADM. FEE BEACH COUNTY, FL 2621 BOWEN ROAD, SE #104 (248 NW 5TM AVENUE) WASHINGTON, DC 20020-6649 SECTION 7-46-43, S 481.54 FT OF N 596.54 FT OF LINDA P., THOMPSON & $ 45.00 WLY 289 FT OF NW 1/4 (LESS TH PT IN OR 2753, P RODNEY Z. REMUS 70.00 ADM. FEE 1920 MEAS AS S 94.66 ALG W SEC LI), PUBLIC 3953 LONE PINE ROAD RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (3953 LONE PINE ROAD) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. 6 Res. No. 66-98 MEMORANDUM TO: MAYOR AND CI TY~ C~MMI S S I/~ ONERS FROM: CITY MANAGER~ / SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF NOVEMBER 3, 1998 RESOLUTION NO. 67-98 DATE: OCTOBER 29, 1998 This is a resolution assessing costs for abatement action required to remove nuisances on 11 properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 67-98. ref:naagmemo RESOLUTION NO. 67-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA¥ BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 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 public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty- two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 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 nuisance(s) 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 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) 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 individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, 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 as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. 2 Res. No. 67-98 Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1998. MAYOR ATTEST: City Clerk 3 R¢$.N0.67-95 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT ODMANNS SUB, LOT 19, BLOCK 1, PB 4, P 53, O W & MILDRED BURROUGHS $59.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 243 B1LBOA STREET 70.00 ADM. FEE (N.W. 13th AVENUE) ROYAL PALM BEACH, FL 33411 SOUTH R1DGE, LOT 29, BLOCK !, PB 13, P 38, MARIA DELACONCEPCION $87.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL VILLA TOLEDO 70.00 ADM. FEE (321 STERLING AVENUE) AVEIDA PAEL PARAISO CARACAS, VENEZUELA 00038 ESQUIRE SUB S 80 FT. OF E 150 FT OF LOT 12, PB DENIZ & FERNANDEZ $79.00 23, P 43, PUBLIC RECORDS OF PALM BEACH ROBERTO RODRIGUEZ & 70.00 ADM. FEE COUNTY, FL A T OLIVA RODRIGUEZ (15549 S.Wo 9th AVENUE) 406 S.E. 3~D AVENUE DELRAY BEACH, FL 33483-4414 ODMANNS SUB, LOT 18, BLOCK 4, PB 4, P 53, EMANUEL & LUCILLE $ 51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL HARRISON 70.00 ADM. FEE (40 S.W. 13TM AVENUE) C/O LEROY HARRISON 321 ROSS DRIVE DELRAY BEACH, FL 33445-3413 DELL PARK, LOT 9 BLOCK 5, PB 8, P 56, PUBLIC DAVID LIEVANO $51.00 RECORDS OF PALM BEACH COUNTY, FL 250 N.E. 12TM STREET 70.00 ADM. FEE (250 N.E. 12TM STREET) DELRAY BEACH, FL 33444 PARADISE HEIGHTS, LOTS I & 2, PB 24, P 113, CHARLENE G. PATRICK $79.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL C/O LOVETT 70.00 ADM. FEE (N.W. 6th AVENUE) 5805 OLD FORGE CIRCLE RALEIGH, NC 27609-4035 SUNSET PARK DELRAY, LOT 51, PB 12, P 65, ENRIQUE C. & AMPARO $51.00 PUBLlC RECORDS OF PALM BEACH COUNTY, FL RAMOS 70.00 ADM. FEE (1015 MANGO DRIVE) 1015 S.W. 2"a AVENUE DELRAY BEACH, FL 33444-2268 ATLANTIC PARK GARDENS, DELRAY, LOT 13, BLOCK 2, PB l, 0 56, PUBLIC RECORDS OF PALM DAISY M. RAY $51.00 BEACH COUNTY, FL P.O. BOX 74 70.00 ADM. FEE (17 S.W. 13'" AVENUE) LENOX, GA 31637-0074 4 Res. No. 67-98 PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, S 5 FT OF LOT 1 & N 71.5 FT SYLVIA SCHUPLER TR $ $9.00 OF LOT 2, BLOCK 30, PB 1, P 3, PUBLIC RECORDS 3101 WASHINGTON ROAD 70.00 ADM. FEE OF PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33405 (109 S.W. 5TM AVENUE) POINCIANA HGTS OF DELRAY BEACH, LOT 24, PB FREDDIE M. SMITH $83.00 26, P 245, PUBLIC RECORDS OF PALM BEACH 332 N.W. 11TM AVENUE 70.00 ADM. FEE COUNTY, FL DELRAY BEACH, FL 33444 (332 N.W. IITM AVENUE) SUB 8-46-43 E 60 FT OF W 250 FT OF S 135 FT OF W JOHN D. WELLS $33.00 ~ OF S ½, LOT 5, PB 1, P 3, PUBLIC RECORDS OF 310 WASHINGTON AVENUE 70.00 ADM. FEE PALM BEACH COUNTY, FL DELRAY BCH, FL 33444-1674 (709 N.W. 4TM STREET) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. Res. No. 67-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lvI3~AGER~ SUBJECT: AGENDA ITEM ~/ - REGULAR MEETING OF NOVEMBER 3, 1998 RESOLUTION NO. 68-98 DATE: OCTOBER 29, 1998 This is a resolution assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 68-98. ref:naagmemo RESOLUTION NO. 68-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 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 public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty- two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 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 nuisance(s) 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 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) 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 individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, 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 as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. 2 Res. No. 68-08 Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1998. MAYOR ATTEST: City Clerk 3 Res. No. 68-98 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, S 37.5 FT OF W 130 FT OF N 75 JAMES STEPHENS $51.00 FT OF S ~/2 OF BLOCK 12, PB 1, P 3, PUBLIC 7053 GLENWOOD DRIVE 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL LAKE WORTH, FL 33462-6702 (N.W. 7TM AVENUE) CARVER MEMORIAL PARK SUB, LOT 2, BLOCK A, JULIA SIMMS $51.00 PB 20, P 56, PUBLIC RECORDS OF PALM BEACH 204 N.W. 13TM AVENUE 70.00 ADM FEE COUNTY, FL DELRAY BCH, FL 33444-1653 (204 NW 13TM AVENUE) PLUMOSA PARK SEC A, LOT 88, PB 23, P 68, JOHN D. KOSTER & $64.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL ALBERT RICHWAGEN 70.00 ADM. FEE (251 N.E. 17TM STREET) 251 N.E. 17TM STREET DELRAY BCH, EL 33444-4139 TOWN OF DELRAY, N 50 FT OF S 356.4 FT OF E 135 ADELENE JENKINS $51.00 FT OF BLOCK 24, PB l, P 3, PUBLIC RECORDS OF P.O. BOX 1993 70.00 ADM FEE PALM BEACH COUNTY, FL DELRAY BCH, FL 33447-1993 (322 S.W. 5TM AVENUE) OSCEOLA PARK, W 63.36 FT OF LTS 28, 29 & 30, BEN & IRIS HAMMETT $51.00 BLOCK 7, PB 3, P 2, PUBLIC RECORDS OF PALM 2996 BYINGTON CIRCLE 70.00 ADM. FEE BEACH COUNTY, FL TALLAHASSEE, FL (629 S.E. 2x~ AVENUE) 32303-2504 SUNSET PARK DELRAY, LOT 55, PB 12, P 65, TOMASA CRUZ $51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 409 N.W. 7TM COURT 70.00 ADM. FEE (MANGO DRIVE) BOYNTON BCH, FL 33426-3622 SUNSET PARK DELRAY, LOT 54, PB 12, P 65, TOMASA CRUZ $51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 409 N.W. 7TM COURT 70.00 ADM. FEE (MANGO DRIVE) BOYNTON BCH, FL 33426-3622 TOWN OF DELRAY, LOT 23, BLOCK 23, PB 10, P 69, GRACE BARNETT $51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1401 39TM STREET 70.00 ADM FEE (509 S.W. 3Ro STREET) WEST PALM BEACH, FL 33407-3631 VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS: DECLARED NUISANCE. 4 Res. No. 68-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM ~0- REGULAR MEETING OF NOVEMBER 3, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 29, 1998 Attached is the Report of Appealable Land Use Items for the period October 19th through October 30, 1998. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF PLA~F,~N'~ FROM: JASMIN ALLEN, PLANNER ,~x-~,~l, SUBJECT: MEETING OF NOVEMBER,~', 1998 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS OCTOBER `19, `1998 THRU OCTOBER30, '1998 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of October 19, 1998 through October 30, 1998. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. · Recommended denial on a 5 to 0 vote (McCarthy and Young absent), of an amendment to the Land Development Regulations Section 4.4.9 GC (General Commercial) and Section 4.4.12 PC (Planned Commercial) to allow "tire and auto stores" either as a principal use or conditional use. · Recommended approval (5 to 0), of a conditional use request associated with the demolition of an existing gasoline station with accessory automotive service/repair and reconstruction of a gasoline station with convenience store/food mart for FINA gasoline station at the northwest corner of West Atlantic Avenue and Barwick Road. City Commission Documentation Appealable Items Meeting of November 3, '1998 Page 2 · Recommended approval on 3 to 2 vote (Hasner and Bird dissenting), of an amendment to the Land Development Regulations Section 4.3.4(J) Height, Section 4.3.4(K) Development Matrix, Appendix "A" Definitions, and Section 4.4.3(H) Single Family Residential regarding the "large homes" regulations. · Recommended approval on a 4 to I vote (Bird dissenting), of an amendment to the Land Development Regulations Section 4.6.9(E) Location of Parking Spaces, and Section 4.4.13(G) Supplemental District RegulationsCBD Zoning district regarding in-lieu parking regulations. · Recommended approval (5 to 0), of a rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) for the City's Public Works Warehouse, located at the southwest corner of Lake Ida Road and the CSX Railroad, approximately 480 feet east of Congress Avenue. A. Tabled (4 to 0, Fowler, Smith absent), a request for a color change for an existing gasoline station Exxon Gas Station, located at the southeast corner of NE 4th Street and Pineapple Grove Way (NE 2nd Avenue). B. Approved (4 to 0), a request for a color change for an existing restaurantTexas State of Mind Barbeque (fka Paoletti's Restaurant), located on the west side of NE 6th Avenue (Northbound Federal Highway), north of George Bush Boulevard. C. Approved (4 to 0), a request for a color change for Life Care Services Office Building (Delray Park of Commerce - Tract 2) a proposed office building, located at the northeast corner of Lake Ida Road and Congress Avenue. D. Approved (4 to 0), a Class II site plan modification and landscape plan associated with the installation of a swimming pool and spa at theLavers Delray Racquet Club Condo "B", located on the east side of SW 10th Avenue, north of Egret Circle. E. Approved (4 to 0), a Class V site plan, landscape plan and architectural elevation plan for Emmanuel Evangelical Lutheran Church, with a proposed 280 seat sanctuary, located at the intersection of SW 6th Street and SW 17th Avenue. F. Approved (4 to 0) a Class IV site plan modification, landscape plan and architectural elevation plan associated with a the construction of a 1,804 sq. ft. office addition for Strawn, Monaghan and Cohen P.A. located on the west side of NE 4th Street, North of Atlantic Avenue (54 NE 4th Avenue). G. Approved (4 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 1,200 sq. ft. addition for Gulfstream Cleaners at Atlantic Plaza, located at the northeast corner of East Atlantic Avenue and NE 7th Avenue. City Commission Documentation Appealable Items Meeting of November 3, 1998 Page 3 1. Approved (5 to 0, Johnson absent, Turner abstained), a request for a Certificate of Appropriateness, associated with the installation of light fixtures for the off-site parking lot for the Sundy Inn, located at the northeast corner of NW 1st Street and NW 1st Avenue. Concurrently, the Board approved a business sign and tabled the elevations for the service courtyard wall. 2. Continued (5 to 0), a request for a Certificate of Appropriateness associated with the change of siding material from wood clapboard to vinyl for a contributing mixed use building located at 302 NE 1st Avenue. The Board requested that the applicant provide samples of the proposed siding. 3. Continued (5 to 0), a request for a Certificate of Appropriateness associated with the installation of a chain link fence at a single family residence located at 303 SE 7t~ Avenue. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CULFS'~EAMBL~. CITY COMMISSION MEETING OF NOVEMBER 3, 1998 L-50 CANAL LAKE IDA ROAD L ...... N.W. 2ND .I-'-~. ATLANTIC S,W, 2ND r?.,: .... .! I LOWSON BOULEVARD - LINTON BOULEVARD i_ .... , i , ..... L-38 CANAL C-15 CANAL c~w L,~TS ........... S.P.R.A.B.: H.P.B.: A. - EXXON G^SOUNE B. - TEXAS STATE OF MIND BARBEQUE 2. - .302 N.E. 1ST AVE. (f.k.a. PAOLE'FrI'S RESTAURANT) ,3. - 30,3 S.E. 7TH AVE. I 1 MILE I I I C. - LIFE CARE SERVICES OFFICE BUILDING SCALE D. - LAVER'S DELRAY RACQUET CLUB E. - EMMANUEL EVANGELICAL LUTHERAN CHURCH N F. - STRAWN, MONAGHAN &: COHEN O. - GULF STREAM CLEANERS AT ~ ATLANTIC PLAZA CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DIGITAL E~4S£ MAP 53'S1Z'M MEMORANDUM TO: MAYOR AND CITY CO~MISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM g.~- REGULAR MEETING OF NOVEMBER 3, 1998 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 29, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Bid award at an estimated annual cost of $215,850.03 to multiple vendors for the purchase of pipe fittings and accessories, with funding from various departmental FY 1999 operating budgets. 2. Purchase award in the amount of $42,320.00 to Molloy Brothers, Inc. for the emergency replacement of a sanitary manhole adjacent to lift station 83, with funding from 442-5178-536-61.84 (W&S Renewal & Replacement - Manhole Rehabilitation). 3. Purchase award in the amount of $26,920.00 to Milner Business Products, Inc., via SNAPS (State Negotiated Agreement Price Schedule), for the purchase of a new TEAC 24 channel digital logging recorder for the Police Department which will upgrade the existing system for Year 2000 compliance. Pricing includes equipment, installation and training, with funding from 001-2113-521-64.90 (Police Support Services - Other Machinery/Equipment). Palm Beach County has committed to reimbursing the City for this purchase. Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: AGENDA REQUEST Date: October 28, 1998 Request to be placed on: Consent XX P~=9~4,a-r Agenda Special Agenda Workshop Agenda When: November 03. 1998 Description of agenda item '(who, what, where, how much): Bid Award - Bid #98-49 - Pipe Fittings and Accessories - Annual Contract. Award to multiple vendors at an estimated annual cost of $215,850.03. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award of Bid #98-49 for Pipe Fittin§s and Accessories - Annual Contract - to multiple vendors at an estimated annual cost of $215,850.03. FundinK from various department's 1998-99 operating budget. Department Head Signature: ~~~r~'~ Determination of Consistency e Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ ~5%_~4)c~.v P.O. '~'\ Funding available:~ NO C~~~ ~ ~ ~3-o~(if applicable) ' ~ Funding alternatives: ~<~/,' Account No. & Description: ~([Ou~, '~._~,Account Balance: City Manager Review: Approved for agenda: ~ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Rooney, Jacklyn Purchasing Supervisor THROUGH: Joseph~nance Director DATE: October 28, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 03, 1998 - BID AWARD - BID #98-49 PIPE FITTINGS AND ACCESSORIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve multiple awards to vendors as listed below for the purchase of pipe fittings and accessories, at an estimated annual cost of $215,850.03. Background: The Water and Sewer Network and Construction Division have a need for an annual contract for pipe fittings and accessories with funding from their operating budget. Bids for this contract were received on September 15, 1998, from eight (8) vendors all in accordance with City purchasing procedures. This bid contains twenty (20) groups for commodities which are inventoried in the the warehouse and the last group number twenty (20) is for the Capital Construction Division. (Bid #98-49. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Environmental Services, Manager Water/Sewer Network and Deputy Director of Construction have reviewed the bids, and recommend multiple awards, per attached memo dated October 19, 1998, as follows: Vendor; Estimated Annual Cost: Semsco $ 5,353.33 Melrose Supply & Sales $ 43,602.91 Ferguson Underground $ 2,220.00 Lehman Pipe & Supply $ 6,732.37 A & B Pipe And Supply Inc. $117,902.64 U.S. Filter Distribution $ 1,128.20 Rachel W. Corp., D/B/A Sav-On $ 162.00 Sunstate Meter & Supply $ 38.748.58 Total $ 215,850.03 Recommendation: Staff recommends multiple awards to vendors as stated above at an estimated annual cost of $215,850.03. Funding from various department's 1998-99 operating budget. Attachments: Tabulations of Bids Memo's dated October 19, 1998 MEMORANDUM ¢~.' Richard H~k°, Director of Environmental' Services Mike Offie, Manager Water/Sewer Network Howard Wight, Deputy Director of Construction 4°F~: Jackl~Purchasing Supervisor C~ THROUGH: Joseph~aff~j~ector of Finance DATE: October 19, 1998 SUBJECT: Bid # 98-49 Pipe Fittings and Accessories - Annual Contract On October 13, 1998, a meeting was held with Leon Slydell, Storekeeper II, and myself to review the bids received for the annual contract for pipe fittings and accessories. The bid contained twenty (20) groups for commodities which are inventoried in the warehouse and the last group twenty-one (21) is for the Capital Construction Division. Attached is the tabulation of bids, and our award recommendations per vendor, per group, for a total estimated annual cost of $215,850.03. Awards were made by group total with the exception of group number twenty (20), which is to be awarded individually per item, in order to receive more competitive bids. This group contains miscellaneous items which are not supplied by all vendors. If you approve this recommendation, please sign below and return to Purchasing and I will proceed with Commission Agenda for November 03, 1998. The current contracts expire on December 09, 1998. If you have any questions, you may reach me at ext. 7163. si /o-/¢- ¢ow Attachments cc: Leon Slydell, Storekeeper.Il PIPE FITTINGS AND ACCESSORIES BID $$98-49 AWARD RECOMMENDATIONS GROUP EST. ANNUAL # DESCRIPTION VENDOR COST COMMENTS 1. Irrigation Systems Melrose Supply $18,980.25 Low Bidder & Sales 2. Adaptors, PVC, Lehman Pipe & $ 779.40 Low Bidder Schedule 40, 80 Plumbing Supply 3. Bends, PVC, Lehman Pipe & $ 794.96 Low Bidder Schedule 40 Plumbing Supply 4. Pipe Fittings Melrose Supply $13,454.58 Low Bidder Brass & Cooper & Sales 5. Pipe Fittings; Sunstate Meter & $12,131.60 Low Bidder Corporation Stops, Supply Curb Stops 6. Bushings, PVC, Melrose Supply $ 506.22 Low Bidder Brass, Galvanized & Sales 7. Caps, PVC, Femco Melrose Supply $ 218.04 Low Bidder & Sales 8. Couplings: Melrose Supply $ 284.50 Low Bidder Compression - PVC & Sales 9. Ells: PVC, Brass Lehman Pipe & $ 413.60 Low Bidder Galvanized Plumbing Supply 10. Nipples; PVC, Lehman Pipe & $ 974.04 Low Bidder Brass & Galvanized Plumbing Supply 11. Valve Box & Valve Melrose Supply $ 806.76 Low Bidder Box Risers & Sales 12. Pipe - PVC, Plastic, A & B Pipe $ 9,798.36 Low Bidder Poly And Supply Inc. 13. Pipe - Couplings Lehman Pipe & $ 3,207.60 Low Bidder PVC, Galvanized, Plumbing Supply Cast Iron 14. Inserts - Stainless Semsco $ 895.18 Local Vendor - Steel (tie bid with Stmstate - awarded to local vendor) 15. Plugs - PVC, U.S. Filter $ 297.20 Low Bidder Brass Distribution 16. Risers - Brass Sunstate Meter $ 26,303.18 Low. Bidder & Supply 17. Service Saddles - Semsco $ 3,405.15 Low Bidder Stainless Steel - Double Strap 18. Tees - Brass, PVC, Lehman Pipe & $ 447.33 Low Bidder Galvanized Plumbing Supply 19. Valves - Check, Melrose Supply $ 9,352.56 Low Bidder PVC, Iron Body, Brass 20. MISCELLANEOUS ITEMS - TO BE AWARDED INDIVIDUALLY #263 Clamp Leak Long Sunstate Meter $ 5.20 Ea. / 1" x 6" Ford & Supply $ 124.80 Low Bidder #264 Clamp Leak Long Semsco $ 8.00 Ea. / 2" x 6" Ford $ 96.00 Low Bidder #265 Repair Clamp 4.74 - Sunstate Meter $ 37.80 Ea. / 5.14 4" x 10" & Supply $ 189.00 Low Bidder #266 "Y" Branch Brass A & B Pipe $ 20.03 Ea. / Y44-264 And Supply Inc. $ 480.72 Low Bidder 1 1/2"x l"x 1" #267 Turn On Key for A & B Pipe $ 20.00 Ea. / Handwheel And Supply Inc. $ 240.00 Low Bidder #268 Key Curb Stop A & B Pipe $ 20.00 Ea. / 3" And Supply Inc. $ 240.00 Low Bidder #269 Key Valve Heavy Rachel W. Corp $ 27.00 Ea. / Local Vendor Duty 5' for 2" D/B/A Sav-on $ 162.00 (Tie bid with Utility Supplies A & B Pipe - awarded to local vendor) # 270 WYE PVC SDR U.S. Filter $ 3.75 Ea. / 35 DW 4" Distribution $ 225.00 Low Bidder #271 WYE PVC DWV Lehman Pipe & $ 9.62 Ea. / 6", C-600 Plumbing Supply $ 115.44 Low Bidder #272 WYE PVC, C609 A & B Pipe $ 13.57 Ea. / Push Pipe And Supply Inc. $ 162.84 Low Bidder 8" x 8" x6" #273 WYE PVC DWV U.S. Filter $ 50.50 Ea. / #4DWY86 8" x 6" Distribution $ 606.00 Low Bidder #274 Back Flo Preventer Semsco $ 159.50 Ea. / W009QT 1 1/2" $ 957.00 Low Bidder #275 Back Flo Preventer Ferguson $ 185.00 Ea. / W009QT 2" Underground $ 2,220.00 Low Bidder GROUP CAPITAL CONSTRUCTION DIVISION: #22 PIPE, FITTINGS, A & B Pipe $ 106,980.72 Low Bidder MISC. VALVES And Supply AND SERVICES TOTAL ESTIMATED ANNUAL COST FOR CITY OF DELRAY BEACH $ 215,850.03 TOTAL AWARD PER VENDOR(S): SEMSCO $ 5,353.33 MELROSE SUPPLY & SALES $ 43,602.91 FERGUSON UNDERGROUND $ 2,220.00 LEHMAN PIPE & SUPPLY $ 6,732.37 A & B PIPE AND SUPPLY INC $117,902.64 U.S. FILTER DISTRIBUTION $ 1,128.20 RACHEL W. CORP, D/B/A SAV-ON $ 162.00 SUNSTATE METER & SUPPLY $ 38.748.58 $215,850.03 AGENDA REQUEST Agenda Item No. ~F~ Date: October 28, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 3, 1998 Description of item (who, what, where, how much): Staff requests Commission award a purchase order to Molloy Bros. Inc. for the emergency replacement of a sanitary manhole adjacent to lift station 83 in the total amount of $42,320.00. The project generally consists of removal/replacement of the manhole; removal/replacement of the gravity line from the manhole to the lift station; Cleaning and lining of the upstream line from the manhole and restoration of concrete slabs and fencing.. Funding is from R&R Account %442-5178- 536-61.84, Manhole Rehab. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of purchase order to Mollo¥ Bros. Inc in the amount of $42,320.00. Department head signature: ~~.~ [0-~-~/'/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure funds): Funding available: ~'~/NO Funding alternative~-' (if applicab)~ Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S: \EngAdmin\Proj ects\97 \ 97-005\OFFICIAL\AG102098. DOC City Of Delray Beach. Department of Environmental Services MEMORANDUM TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.E. ~ Deputy Director of UtilitieS/ DATE: October 28, 1998 SUBJECT: Lift Station 83 Emergency Manhole Replacement Attached for Commission approval is an agenda request for award of a Purchase Order to Molloy Bros., Inc. This P.O. encompasses emergency replacement of an existing manhole adjacent to Lift Station 83 (see attached location map), installation of a new gravity line from the manhole to the lift station, miscellaneous restoration and cleaning. The existing manhole has deteriorated to such a degree that settlement has occurred and infiltration into the system is causing the lift station to pump constantly. The proposed work area is not adjacent to any public roads and should not create any undue hardships. Three proposals were solicited and received for this work. Molloy Brothers, Inc. was low at $42,320.00; followed by, Intercounty Foundation at $57,500.00; and Telcon, Inc. at $96,000.00. Prices include mobilization; removal/replacement of the manhole; removal/replacement of the gravity line from the manhole to the lift station; Cleaning and lining of the upstream line from the manhole and restoration of concrete slabs and fencing. Due to the close proximity of the manhole to the lift station and adjacent parking lot, sheet piling and significant dewatering is required which is why the price is slightly higher than that of a normal manhole replacement. Funding source is from #442-5178-536-61.84 (Manhole Rehab) budget transfer is attached. cc: Richard C. Hasko, P.E., Director of Environmental Services Howard Wight, Deputy Director of Construction C:XMy Documentshmanhole.DOC Z> ~ ....... -' ~~-'-~¢~- -' ~ ~ "z''~' ~/2 ~c- "~ ,,. -%: // ~<' ,,4 ~ ~.~ ~ ~ -%/ p ,'/,:/" /1!/' ' -,i ¢~"--I,/~-Z ~ ...... ~/ k ...................... ~¢/ , :4'"-4 j~' ~-... ~ i ~ ' ' ~: i ~ 4 -, ~ ~, ,' -- ' I ,. ' ~//,_,... , ,,,,, ,,- ,--. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: / ......... 1 L ......................... ( ~ CITY of DELRAY BEACH LOCATION i PROPOSAL :'"5000'. O0 :':: ':: SUBMITTED BY: Mol[oy Brothers, Inc. '10/~0/98 .PRI 16:~0 FAX.~61 ~48 ?~14 ENVIRONM~I~AL,~¥. ~EPT. ~ouz P.02 0C7-21-1998 12:00 TELCON INC, .... PROPOSAl, - TOTRL P. 02 City of Deiray Beach 2. Budget Transfer Form ~ ¢qotlo~ 8e~ - ~'~ (1) Depa~en~! Line Transfer (2) Date ~to~r 28, 1998 (3) InteWun~nterdepar~ental Transfer (4) Batch Numar (~ ReqnestedBy: Dan Beatty, P.E., Deputy Director of Utilities PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN N/A 442-5178-536.61-84 Manhole Rehab 42,500.00 442-5178-536.63-51 Sewer Mains 42,500.00 (10)TOTAL $42,500.00 $42,500.00 JUSTWICATION: Provide fundinc~ for emergency manhole replacement. ~inance Director City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: XX Consent Agenda ~ Special Agenda __ Workshop Agenda When: November 3, 1998 Description of agenda item (who, what, where, how much): Approve award to Milner Business Products, Inc. for the purchase of upgrading to a new TEAC 24 channel digital recorder for the Delray Beach Police Department for the year 2000 compliance. The total cost of this purchase is $26,920.00 which includes equipment, installation and training. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Milner Business Products, Inc. for the total cost of $26,920.00. Pricing is per State Negotiated Agreement Price Schedule (SNAPS) Number 7251136. Funding will be taken from account number 001-2113-521-64.90. Palm Beach County has committed to reimbursing our City for this purchase. Department Head Signa~ ~~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: (:~,o~ - 'Z.~I'~- ~'~. I ~ I~, ~,~.-~ Account Description: {-~l"~.~_..x'~ ')"l~ b~-. ~- ~_,.~.-~o'~~, Account Balance: '~ '7_.~ '"'/c~O -. City Manager Review: Appr°ved f°r agenda~~ ~"1 No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved PURCHASING DIVISION MEMORANDUM TO: David T. Harden, City Manager FROM: Jennifer Schillace, Acting Buye~0 THROUGH: JosephS~inance Director DATE: October 29, 1998 SUBJECT: PURCHASE NEW TEAC 24 CHANNEL DIGITAL RECORDER FOR THE DELRAY BEACH POLICE DEPARTMENT ITEM BEFORE COMMISSION: The City Commission is requested to approve award to Milner Business Products for the purchase of a new TEAC 24 channel digital recorder for the Delray Beach Police Department. BACKGROUND: The TEAC 24 channel digital recorder is used for all 911 emergency calls and all fire and police radio transmissions. This purchase is an upgrade to the existing system for the year 2000 compliance. The Acting Administrative Services Director at the Police Department recommends purchase of the new TEAC 24 channel digital recorder from Milner Business Products for a total cost of $26,920.00 which includes equipment, installation and training. Milner Business Products is an authorized provider of this equipment through the State Negotiated Agreement Price Schedule (SNAPS) per agreement number 7251136. RECOMMENDATIONS: The Purchasing staff recommends awarding to the authorized SNAPS representative, Milner Business Products, for a total cost of $26,920.00. Funds will be taken from account number 001-2113-521-64.90. Palm Beach County has committed to reimbursing our City for this purchase. ATTACHMENTS: Quote from Milner Business Products, Inc. Memo 10/29/98 cc: David Junghans, Administrative Services Director Jeff Kristiansen, Communications Manager Jacklyn Rooney, Purchasing Supervisor (~ DELRAY BEACH Delray Beach Police Department AII-AmedcaC~ (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: Purchasing Department FROM: Officer Fred Parker ~ Acting Administrative Services Director DATE: October 29, 1998 SUBJECT: LOGGING RECORDER We are recommending the purchase of a new TEAC logging recorder from Milner Business Products for $26,920, which will include equipment, installation, and training. Account #001 2113 521 64.90 will be used for this purchase. Palm Beach County has committed to reimbursing our City for this purchase. ppt OCTJO~ 98 14:44 FEOM:MIL~ER 19~97T8466 T0:15~1~436~13131 PAGE:O1 MILNER t:ompano Beach. FL 33064 MILNER BtJ$1NESS PRODUCTS. INC. 954/977-8400 0/6/98 Delray Beach :Police Department, Attn: ~'eff Chrisfianson 300 W, Atlantic Bird, Dclr~y Beach, 'FL 33444 Dear Attached, please find a copy of the State contract for thc CR-500 recorder as well as updated proposals. Also, the minimum configuration for the 2.6 GB drives is 24 channels. If you have any additioual questions, please do not hesitate to call me at (561) 471-5555. Sincerely, Rob~ A. DeCouto Regional M~nager Commurdcafion R~e¢ordcr~ LAN ER TOSHIBA 0CT~06 98 14:44 FROM:MIU~ER 19549'~8466 TO:1561E436~lJ13! PAGE:O~ DELRAY BEACH POLICE EQUIPMENT RECOMMENDATION 24 Channel Digital Recorder TEAC CR-.~IOM2 October 6,1998 QTY D_ESCRIIrrlQN UNIT AMT TOTAL AMT I Tf!AC Disital Reoarder {24 Ch. } $ 24,320 - Z6 GB Magn~-Optical Drives 640 Channel Hrs. of Recording Record/Playback Capabilities 150 Channel Hr. Hard I>rive 2.6 Cab MO Disks 70 1050 1 Remote SoRwar¢ / Amp / Speakers 650 SYSTEM SUB-TOTAL $ 26,020 * INSTALLATION, SET-UP AND TRAINING $ 900 SYSTEM TOTAL INVESTMENT $ 26,920 - Note: Tho above proposal is based on the tr~e, in of 2-x TEAC CR-320 Recorders · O~zJOG 98 14:44 FROM:MIL~ER 19549778466 TO:lS61243821J131 PAGE:04 TEACt Information Products Divizion Commu~icationz Recorders Pric~ List CR-500M - 2.6 Gb MO Driv~ MAGNETO-OPTICAL KECOKDER Product # cri,ptio : Df l~corders List State Pricing 8 Channel Dual Transport, 2.6 C.,b MO sj , 40 16 Channel Dual Transport, ~i~ Cab MO" 32 Cham~el Du~,l Tran~po~, 2.6 Gb MO CK-5].2M2 Di-,k $35,900. $27,284 40 Cham~c[ I~al Tr~n~po~ 2.6 Cab MO CR-540M2 Disk 48 Ch~n,el ~ Tr~,,~spor~, 2.6 ufo 'MO CR-5~ ~i~k . ~7,~ $36~4~ SNAPS ~{]~T~06 98 14:44 FROM:MIt-HER 19549778466 T0:1561~436~13131 PAGE:03 SERVICES 4050 ~ Way · T~ ~ 32~50 Aught ~, ag98 Suite Mr. Robert A. Dr, Couto Milner Business Products 3625 Park Central 91vd. Pompano Beach. FL 330(d{. De~ Mr. DeCouto: Enclosed is your cop). of the execuled State Negotiated Agreement Price Schcdule (SNAPS) fom~ establishing an agreement between the State of Florida and your firm for the purchase of ¥oice Logge~ Magneto-Optical Record}ag Media. SaMs made under this contract []~furnishcd to the Department of Mana§ement Services State Purchasing Office at the end of each conu'act quarter'. The ending dates for each con,act quarter are as follows: November 6, 1998 Fcbruacy 6, 1999 Ma)- 6, 1999 Aught 5, 1099 Should you not mak~ any sales duclng the qaarter, a negative report must b~ submitted. Yau ar~ reminded the 8p~lal conditi~n titled "Re~ponaibilith~', ~ara~raIph { c}, The contradnr ~all furnish the Department of MImalement .%twice$ S~t,e Purchasinll Ofr3~ a detai]~l Summarqj of Sales or Services, for each purchasinl endty, at the end clench contract quarter. The summary .~haJl include; SNAPS r, ul~b~r, cnntractor's name; total of aa]cs for each commodity said dUnng thc month; total dollar amount of purchases; and The total of all ct'~i~s provided to each agency. Failure to provide this ingormadon within thirty' (30) calendar days followin8 the end at each quarter shall result In autontatie, unilateral cancellation of the contract by L~ D¢l)artr~nt of Manalement Services State Purch~inl O~ce, Should you have any qucatlons please cai[ Gloria Dixon at ($50) 921-29-12 or MaXte Abratl~ at (850~87-6.592. Very txuly yours. Gwen Baker SNAPS Administrator OB;d~ F_.nciosure TO: DAVID T. HARDEN CITY MANAGER ~ THRU: DIANE DOMINGUEZ, DIRECTOR ~ DEPARTMENT OF PLANNING AND ZONING i \ FROM: J~NET MEE~LANNER SUBJECT: MEETING OF NOVEMEBER 3, 1998 CONDITIONAL USE MODIFICATION REQUEST FOR FINA GASOLINE STATION LOCATED AT THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND BARWlCK ROAD The conditional use modification request for FINA gasoline station involves the demolition of the existing facility and reconstruction of a 2,000 sq.ft, convenience store, installation of 3 double-sided fuel dispensers (6 pumps) under a 2,000 sq.ft, canopy, installation of 11 parking spaces, and landscaping throughout the site. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of October 19, 1998, the Planning and Zoning Board held a public hearing in conjunction with the review of the request. Several residents of the surrounding neighborhoods were in attendance. While they were generally supportive of the plans, they voiced some concerns regarding compatibility and loitering by children from the adjacent school. To address these concerns the applicant agreed to install a concrete wall along the north property line and not allow video games on the premises. The Board voted 5-0 (McCarthy and Young absent) to recommend that the Conditional Use Modification request for FINA Gasoline Station be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following revised conditions of approval: 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns noted in the October 19, 1998 staff report; 2. That all pump islands be equipped to accept electronic payments; 3. That the fascia be constructed at a width to prevent glare from spilling over onto adjacent properties and that the lights be recessed into the canopy; 4. That trees be provided every 25' along the north property line along with a hedge and a concrete opaque fence or wall 6 feet in height (except where it might create a sight visibility hazard); 5. That the site lighting comply with LDR Section 4.6.8; 6. That if sandwich shop is included, there is to be no seating; and 7. That there be no video games on the premises. By motion, approve the Conditional Use Modification request forFINA Gasoline Station based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P & Z Staff Report and Documentation of October 19,1998 ,,'3. --/ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 19, 1998 AGENDA ITEM: v.c. ITEM: Conditional Use Modification for the Demolition of an Existing Gasoline Station and Reconstruction of a Gasoline Station with Convenience Store and Food Mart for FINA Gasoline Station, located at the Northwest Corner of West Atlantic Avenue and Barwick Road. Om CARVER MIDDLE ~ ' SCHOOL WEST ATLANTIC AVENU GENERAL DATA: Owner/Applicant ............................. A-1 Specialty Gasolines, Inc., Stanley Coven, President Agent .............................................. Walter Coven, Vice President Location ......................................... Northwest corner of Barwick Road and West Atlantic Avenue. Property Size .................................. 0.50 Acres Future Land Use Map Designation General Commercial Zoning Designation ........................ GC (General Commercial) Adjacent Zoning ................... North: MH (Mobile Home) East: CF (Community Facilities) South: PRD (Planned Residential Development) West: NC (Neighborhood Commercial) Existing Land Use .......................... Gasoline service station with 4 fuel pumps, two repair bays, and a small office with a billboard located to the rear (north side) of the property. Proposed Land Use ....................... Demolition of the existing gasoline station, removal of the existing billboard, and construction of a new gasoline station with 3 pump islands, each island having 1 double-sided fuel dispenser (6 pumps total), a 2,000 sq. ft. convenience store/food mart, with 8 regular parking spaces, one handicap parking space, and associated landscaping. Water Service ................................ Existing on site. Sewer Service ................................ Existing on site. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use modification request and attendant sketch plan for FINA Gasoline Station with a Convenience Store/Food Mart, pursuant to LDR Section 2.4.5(E). The subject property is located at the northwest corner of West Atlantic Avenue and Barwick Road. Modifications to Conditional Use Approvals are processed pursuant to LDR Section 2.4.5(E)(7). The Planning and Zoning Board (as opposed to staff approval) must approve modifications that involve intensity of use or hours of operation. If however, the Board deems that the modification is significant, then the modification must be heard as a new Conditional Use application, requiring formal notification, public hearing, and final action by the City Commission. Given the extensive nature of the changes associated with this conditional use modification, this request has been processed as if it were a new application. Thus, if the Board finds that the changes are significant, the request can be forwarded to the City Commission without delay. The subject property consists of the east 42.16' of Lot 7 and all of Lot 8, Highland Trailer Park subdivision, and is 0.50 acres. The property contains a FINA gasoline service station with 4 fuel pumps, two repair bays, and a small office with a billboard located to the rear (north side) of the property. During the review of the City initiated Highland Trailer Park annexation it was discovered that two of the three commercial properties immediately south of the trailer park along Atlantic Avenue were receiving City water without executed water service agreements. The Planning and Zoning Board considered the Highland Trailer Park annexation at their meeting of February 24, 1992 and continued the item pending resolution of the methods by which the commercial properties could be annexed (voluntarily or dual referendum) and sewered. The commercial property owners were contacted and asked to join the City initiated Highland Trailer Park annexation petition. Neither of the commercial property owners provided the necessary commitment prior to the Planning and Zoning Board meeting of March 16, 1992. At that meeting the Board recommended the Highland Trailer Park annexation be incorporated as part of a dual referendum which would include the commercial tracts along Atlantic Avenue. On March 24, 1992, the City Commission discussed the Planning and Zoning Board's recommendation. During these discussions the owner of one of the commercial properties (gasoline station) indicated a willingness to voluntarily annex if his property Planning and Zoning P- -d Staff Report Fina Gasoline Station. , a Convenience Store/Food Mart- Conditional Use Approval Page 2 was assigned a Future Land Use Map (FLUM) designation of General Commercial and a zoning designation of GC (General Commercial) which would allow the existing gasoline station to remain as a conforming use. In response to this request, the City Commission initiated a FLUM amendment from Transitional to General Commercial and annexation with an initial zoning designation of GC for the property. The City Commission further directed staff to process a dual referendum while continuing to work with the other commercial lots to reach a voluntary annexation agreement. At its meeting of June 23, 1992, the City Commission approved the FLUM amendment from Transitional to General Commercial and the annexation with initial zoning of GC. At its meeting of September 15, 1997, the Planning and Zoning Board reviewed a Conditional Use request to establish a new for Speedway gasoline station on the subject property. The development proposal included demolition of the existing gasoline station and removal of the existing billboard; construction of a 2,325 sq.ft. convenience store; installation of 5 double-sided fuel dispensers (10 pumps) under a 5,200 sq.ft. "T"-shaped canopy connected to the convenience store; and installation of 7 parking spaces. The Board had concerns with the project's inability to meet code requirements as they related to building setbacks, the lack of required parking, and on-site stacking and traffic circulation. The Board felt that with the amount of code deficiencies that required variances, it may be more appropriate for the Board of Adjustment to act on the variances prior to the Planning and Zoning Board taking action on the Conditional Use request. The Board then voted 6-0 to continue the conditional use modification request until such time as the applicant complied with the Land Development Regulations and/or the necessary variances are obtained. The applicant revised the submission which addressed some of the Board's concerns and on October 20, 1998 the Planning and Zoning Board approved the Conditional Use request subject to numerous conditions such as redesigning the site, eliminating the eastern most curb-cut along Atlantic Avenue, etc. The applicant withdrew the petition prior to City Commission consideration of the request. The existing FINA gasoline station has submitted a conditional use modification request, and is now before the Board for action. The proposal is to establish a gasoline station with attendant convenience store/food mart and incorporates the following: Fi Demolition of the existing gasoline station, removal of the existing billboard, and removal of the eastern most curb-cut along Atlantic Avenue (closest to the intersection); I::1 Construction of a 2,000 sq.ft, convenience store; Planning and Zoning B'--rd Staff Report Fina Gasoline Station , a Convenience Store/Food Mart - Conditional Use Approval Page 3 [] Installation of 3 double-sided fuel dispensers (6 pumps) with an electronic card reader under a 2,000 sq.ft, canopy; [] Installation of a public telephone, water and air stand; IZ! Installation of 11 parking spaces; [] Installation of associated landscaping, and a dumpster enclosure. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form, which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of General Commercial and is zoned GC (General Commercial), thus the zoning is consistent with the FLUM designation. Within the GC zone district, gasoline stations or the dispensing of gasoline directly into vehicles is allowed as a conditional use [LDR Section 4.4.9(D)(11)]. As outlined in LDR Section 4.3.3(J)(2) (Gasoline Station), the convenience store/food mart is allowed as an accessory use to the gas station. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: To date no water and sewer plans have been submitted, however, the following is noted: Water service exists via a service lateral connection to the existing 12" main along Atlantic Avenue. Adequate fire suppression is provided via an existing fire hydrant at the southeast corner of the site (northwest corner of Atlantic Avenue and Barwick Road). Planning and Zoning B"~rd Staff Report Fina Gasoline Station , a Convenience Store/Food Mart - Conditional Use Approval Page 4 n Sewer service exists via service lateral connection to an 8" main within Atlantic Avenue. No water or sewer main extensions or upgrades are required of this development. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The site consists primarily of impervious area with minimal landscape areas and no on- site drainage system exists. Thus, water pools on-site and sheetflows off the site. Paving and drainage plans are not required with a conditional use request. With a full site plan submittal, drainage plans will be required indicating that the drainage will be retained on-site. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Traffic: A traffic study has been submitted indicating that the proposed development will generate a net increase of 127 vehicle trips in addition to the 314 trips generated by the existing gasoline station (441 total trips). The traffic study has been transmitted to Palm Beach County Traffic Division for review. There are no problems anticipated in complying with Palm Beach County's Traffic Performance Standards Ordinance. On- site circulation issues and internal stacking are discussed later in the report under Compliance with Land Development Regulations. Based upon the above, positive findings with respect to traffic concurrency can be made. Parks and Recreation: Park and Recreation dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 2,000 sq.ft, gasoline station and convenience store facility (29.5 Ibs./sq.ft.) will be approximately 29.5 tons per year. As the existing service station generates approximately 17.70 tons per year, the net increase will be 11.8 tons per year. There is adequate capacity to accommodate the trash generated by the proposal therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other Planning and Zoning B~"rd Staff Report Fina Gasoline Station . a Convenience Store/Food Mart - Conditional Use Approval Page 5 objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was identified. Traffic Element Policy A-6.2 - The approval of a modification to an existing site development plan and/or conditional use shall be conditioned upon upgrading of its points of access to meet adopted standards. Pursuant to the current FDOT (Florida Department of Transportation) access standards a right-in/right-out driveway must be located 230' from an intersection (i.e. Atlantic Avenue and Barwick Road). The existing driveways accessing this property along Atlantic Avenue are located within 180' of the Barwick and Atlantic intersection with the easternmost driveway located 25' from the intersection. With the Speedway development proposal FDOT indicated that the easternmost driveway must be eliminated and the attendant sketch plan is designed as such. SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning districts surround the subject property: to the north is zoned MH (Mobile Home); to the south is zoned PRD (Planned Residential Development); to the east is zoned CF (Community Facilities); and, to the west is zoned NC (Neighborhood Commercial). The surrounding land uses are: a mobile home park to the north (Highland Trailer Park); vacant residential land to the south, associated with the Sherwood Forest planned residential development; a middle school to the east (Carver Middle School); and, a convenience store to the west (Handy Mart). The existing gasoline station contains 4 pumps, repair bays, and normally operates between the hours of 8:00 a.m. and 6:00 p.m. The proposed gasoline station will contain 6 pumps, a convenience store and be open 24 hours a day. The increase in intensity of use may create a compatibility concern for the adjacent residential properties. Those concerns relate to noise and glare that could potentially be generated by this development. With the elimination of the service bays, some of the noise may be reduced, however, the use of the property on a 24-hour basis will create a different level and frequency of noise. The site has been configured with the rear of the building facing the abutting residential property to the north. This will buffer the residential development from the convenience st~)re entrance, customer parking, and fueling areas. Planning and Zoning B(~rd Staff Report Fina Gasoline Station' a Convenience Store/Food Mart - Conditi(~,,al Use Approval Page 6 To further mitigate any potential impacts, a wall or fence should be installed along the north property line. The requirements for site lighting are outlined in LDR Section 4.6.8. The lighting adjacent to the residential properties is not to exceed 40 foot-candles and must be directed towards the interior of the site to prevent any spillover. Further, an extensive landscape buffer consisting of trees every 25' is required to screen the property as well assist in preventing glare spillover. The applicant has noted in a narrative, that a specially designed canopy will be provided with an extended fascia to contain horizontal light and glare spillover. The development proposal should not have a detrimental effect on the stability of the neighborhood nor should it hinder development of nearby properties, provided additional buffering is provided, the canopy is designed and constructed to prevent glare spillover, and the site lighting complies with LDR Section 4.6.8. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. These items have transmitted to the applicant and will need to be addressed with the full site plan submittal. Stacking Distance and Traffic Circulation Pursuant to LDR Section 4.6.9(D)(3)(c), a stacking distance of 100 feet is required from the first point of transaction (first pump) of the incoming traffic. The proposed sketch plan indicates 43' of stacking distance from Atlantic Avenue right-of-way and 53' from the Barwick Road right-of-way. Both stacking distances provide adequate queuing for 2 vehicles. A distance of less than 100' may be acceptable when the distance is supported by a traffic study, which demonstrates that stacking and transition of incoming traffic from a public street will not backup into the public street system. A traffic study has been submitted which analyzes the stacking area for the development, based upon previous studies and the existing site layout. The study provides for the following analysis: Utilizing previous studies conducted by City Staff, the average dwell time for fueling vehicles is 3.66 minutes for similar type service stations with card reading pumps. Applying this rate to the highest projected peak-hour demand of 71 in- bound vehicles (gross trips less intemal capture), a utilization demand of 259.9 minutes is estimated. The utilization capacity of the service station is 360 minutes (6 fueling positions multiplied by one hour of capacity per position). Based on these values, it is estimated that at the worst-case scenario during the worst peak-hour demand, 71.9% of the station's capacity will be utilized. It should be noted that while the're will be 71 vehicles entering the site during the Planning and Zoning Br"~rd Staff Report Fina Gasoline Station a Convenience Store/Food Mart - Conditional Use Approval Page 7 peak hour, it is assumed that not all of these vehicles will be fueling. Therefore, it is very unlikely that the queues associated with the entering vehicles would interfere with traffic on At/antic Avenue or Barwick Road. Based upon the above, the reduction of the stacking distance is acceptable. Gasoline Stations Supplemental Regulations The development proposal complies with all the supplemental regulations for gasoline stations outlined in LDR Section 4.3.3(J). Convenience Store/Building Setback & District Boundary Separation Requirements Pursuant to LDR Section 4.3.4(K)(Development Matrix), a 10' rear building setback is required. Also, pursuant to LDR Section 4.6.4(A)(2), where commercially zoned property does not directly abut residentially zoned property and is separated from it by a street, a 10' building setback is required and 10' has been provided. Site Lighting Pursuant to LDR Section 4.6.8(A)(3) (Illumination Standards), when measured 10 feet within the property upon which the fixture is located, the illumination shall not exceed 100 foot-candles within display and storage areas, and 40 foot-candles within all other areas. As previously stated in this report, extensive lighting and glare is a concern as the subject property is adjacent to residentially zoned properties. Thus, the project must comply with the illumination standards outlined in LDR Section 4.6.8. The fascia of the canopy should be deep enough to ensure the lights are directed downward and to prevent glare spillover onto the adjacent properties. A photometric plan must be submitted indicating the locations of all site lighting fixtures and the illumination standards. Perimeter Landscaping Pursuant to LDR Section 4.6.16(H)(3)(d), a 5' wide perimeter landscape strip exclusive of curbing must be provided between the parking or vehicular use area and the abutting properties along with hedges and a tree every 30'. A landscape strip has not been provided along the west property line where it coincides with an existing cross-access easement. It seems appropriate to support a landscape waiver for that portion adjacent to the existing cross-access easement. In order to obtain relief from this code requirement, a waiver must be requested and obtained from SPRAB. Pursuant to LDR Section 4.6.16(H)(3)(e), where commercial property directly abuts residential property or property in residential use trees must be provided every 25'. This would apply along the north property line. Planning and Zoning Br,',rd Staff Report Fina Gasoline Station' a Convenience Store/Food Mart - Conditio.al Use Approval Page 8 Sale of Alcoholic Beverages Pursuant to LDR Section 4.3.3(V)(3), Alcoholic beverages shall not be sold at any establishment, which is located within 300' of an established school or church. However, the above restriction does not apply to a duly licensed grocery store which sells beer and wine in packages for off-site consumption. While the subject property is located within 300' of Carver Middle School, the restriction will not apply as the convenience/food mart is considered as a smaller scale grocery store which sells beer in packages for off-site consumption. Other Technical Items: The following technical items must be addressed with the full site plan submittal, if the conditional use is approved. 1. Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along Barwick Road. 2. Given the proposed facility's location adjacent to the middle school a 5-space bike rack should be provided and a caution sign at the Barwick entrance that reads "Children Walking". · ~ ~ ~ ~ i: i~?~~ ~i~ ~ i '' :::: : ~:-~ ':::' ' ~:~' ~ ": ...... : ~'::~' · : ' : The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency, DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition, and address the listed "Technical Items". Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations: [~ Greensward Village Condominium ~ High Point Sections 1-7 Association (within The Hamlet ~ PROD (Progressive Residents of development) Delray) ~ Hamlet Residents Association ~ President's Council ~! Hanover SquareNVindy Creek I~! Sherwood Forest Homeowners Association ~l Sunset Pines ~1 Highland Trailer Park Planning and Zoning Br-',rd Staff Report Fina Gasoline Station - a Convenience Store/Food Mart - Conditio~al Use Approval Page 9 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. I The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. A positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use Findings) can be made provided that the concerns noted herein are addressed with the submittal of the site plan. The current proposal addresses the Board's previous concerns with the Speedway Gasoline Station. These items were addressed primarily through reduction of the number of fueling stations, as well as the reduction in building square footage from 2,325 square feet to 2,000 sq. ft., and elimination of the eastern most curb-cut along Atlantic Avenue. These changes enable adequate parking and landscaping to be provided. Adequate stacking distance will be provided on the site which is to be enhanced through the use of electronic payment devices. In order to address concerns regarding glare, the canopy must be designed so the lights are recessed into the canopy. To enhance compatibility along the north property line adjacent to the residential properties extensive buffering consisting of hedges with trees every 25' will be required as well as a fence or wall. A. Continue with direction. B. Recommend approval of the conditional use request for FINA Gasoline Station, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the conditional use request for FINA Gasoline Station, based upon a failure to make positive findings with respect to compatibility. Recommend approval of the conditional use request for FINA Gasoline Station, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(1=)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: ~1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns noted herein; 2. That all pump islands be equipped.to accept electronic payments; Planning and Zoning B¢'~rd Staff Report Fina Gasoline Station a Convenience Store/Food Mart - Conditio,~al Use Approval Page 10 3. That the fascia be constructed at a width to prevent glare from spilling over onto adjacent properties and that the lights be recessed into the canopy; 4. That trees be provided every 25' along the north property line along with a hedge and fence or wall; and 5. That the site lighting comply with LDR Section 4.6.8. Attachment: Sketch Plan WEST ATLANTIC AVE. S.R. 806 ')" "'~""' ~' FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECTOR SUBJECT: MEETING OF NOVEMBER 3, 1998 REQUEST TO RECONSIDER THE DENIAL OF A WAIVER TO LDR SECTION 4.1.4 (C), REGARDING THE USE OF NONCONFORMING LOTS OF RECORD; LOT '10, BLOCK 1, DEL-IDA PARK SUBDIVISION At the meeting of October 20, 1998, the City Commission considered a request for a waiver to Section 4.1.4 (C) of the Land Development Regulations, regarding the use of nonconforming Lots of Record that are under common ownership. The subject property is one of three lots that were previously owned together, on NE 7th Street in the Del-Ida Park Historic District. The waiver is being requested by the prospective owners of the lot, who wish to construct a single family home. The attached staff report from the October 20t~ City Commission meeting describes the request in detail. As noted in the report, staff's support of the waiver is based on the following: · It allows for a development pattern that is consistent with the character of the Del-Ida Park District; · The proposed 2-story single family home with detached garage is appropriate to the district and meets the criteria set forth in the City's Design Guidelines; · The Historic Preservation Board recommended approval of the waiver based upon consistency with the historic development pattern of the district and the appropriateness of the proposed house; and · The City Commission in April of this year granted a similar waiver for a 50' lot located on this same block (by a vote of 4-0, Schmidt abstaining). The applicants did not attend the meeting, for the reasons described in their letter to the City Commission (copy attached). The waiver request was denied by a vote of 4-1 (Schmidt dissenting). The applicants have asked for the opportunity to be heard on the item, and to present the plans that they have for the property. In order to reconsider the waiver, a Commissioner from the majority vote must make a motion to have the item heard again, and at least three Commissioners must .vote in favor of the reconsideration. By motion, approve the request for reconsideration. Attachments: · Letter of request for reconsideration · Elevations of proposed home · Staff report for meeting of October 20, 1998 October 22, 1998 City Commissioners 100 NW 1 st Avenue Delray Beach, FL 33444 Fax (561) 243-7166 City Commissioners: Please accept this letter as our request for you to reconsider our application to deem Lot 10 on NE 7th street a buildable lot at the November 3rd Commissioners' meeting. After attending the Sept 15th Historic Board Meeting, we have been preparing, with Pat Casey, the variance application to be presented at the October 20th Commissioners' meeting. We have currently turned in, to Pat Casey, working drawings, renderings, etc. to be used as part of this application. We did not attend this October 20th meeting as Pat Casey said that it was not the Commissioners' meeting, but the next Historic Board meeting (Nov 4th) that we needed to attend. We believed that it was not our place to be in attendance on the 20th, but that our application and plans were being considered. We apologize for this misunderstanding. The same size lot on the same street with the same style house plans was approved this Spring, and so we believed that our Old Key West style home plans would also be approved. We ask permission to meet with you, at your convenience, to make a detailed presentation of our proposed home including renderings, elevations, floor plans and color choices. It is our dream to live in Historic Delray Beach and to build a home that keeps alive the Old Florida Architectural traditions that made this area what it is. Your consideration is sincerely requested, Ro~bbe~ a: ~z~-~d J~anine Mannwe~~# (954) 474-5168 RECEIVED 0CT 2 Z 1998 PLANNING & ZONING m SUBJECT: MEETING OF OCTOBER 20, 1998 APPROVAL OF A WAIVER TO LDR SECTION 4.1.4(C)~ USE OF LOTS OF RECORD FOR LOT 10~ BLOCK 1~ DEL-IDA PARK SUBDIVlSION~ DEL-IDA PARK HISTORIC DISTRICT The action requested of the City Commission is approval of a waiver to LDR Section 4.1.4(C) which states that in residential zoning districts other than R-loA, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record are under the same ownership at the time of passage or amendment of this ordinance, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. [Amd. Ord. 78-94 10/18/94] Paul Lamson and Bonnie Bowen, the owners of the subject property have initiated the request for the waiver. Mr. Lamson and Ms. Bowen owned 3 adjoining lots of record, Lots 8, 9 and 10 in Block 1 of the Del-Ida Park subdivision located in the Del-ida Park Historic District, in the R1-AA zoning district. The owners recently sold Lots 8 and 9 which contain a single family residence and a detached garage; Lot 10 (the subject lot) is vacant. At the time of sale of their residence they were unaware that the adjoining lot to the east, Lot 10, was not a buildable Lot of Record; they have put the lot up for sale and now have a buyer for the property. The lot is 50' wide and 120' deep for a total of 6,000 square feet. The development standards for lots in the R-l-AA zoning district require a minimum width of 75', a minimum depth of 100', and 9,500 s.f. minimum lot size. The vacant lot exceeds the depth requirements but is 25' less than the required width, and 3,500 s.f. less than the minimum lot size. It is not possible to split the three lots into two conforming lots without moving the existing house and garage or demolishing both structures. As a Lot of Record, Lot 10 would be a buildable lot were it not for the above cited code section pursuant to adjoining lots under the same ownership. The owners are requesting the waiver so that Lot 10 may be sold as a buildable lot. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. City Commission Documentation Request for a Waiver from LDR Section 4.1.4(C) Page 2 The Del-Ida Park Historic District was platted largely with 50' wide lots. Of the 258 original lots only 13 would meet current development standards. There are 152 structures in the subdivision, 42 of these are constructed on 50' lots and an additional 12 are on lots with less than 75' of frontage. The City's Design Guidelines state on the subject of spacing for new construction, "that the rhythm of buildings within a block should be constant. At the turn of the century, people left rural areas to live closer together in the inner city. Fifty and seventy five foot lots were meant to create harmony and security. Zoning regulations should be modified in older platted areas to distinguish the new construction, and create the proper perspective." Granting the waiver would not adversely affect the neighboring area in that it would allow a development pattern that is consistent with that of the district. Nor would the waiver diminish the provision of public facilities or create an unsafe situation. A similar waiver was granted by the City Commission in April of this year for the lot across the street from the subject property (Lot 22, Block 2), which also has only 50' of frontage. Therefore, the waiver request meets the required findings of Section 2.4.7(B)(5). At a pre-application review on September 16, 1998 the Historic Preservation Board considered the proposal for the house which will be constructed on Lot 10, if the waiver to Section 4.1.4(C) is granted. The proposed 2- story single family residence with detached garage is appropriate to the Del-Ida Park Historic District and meets all of the criteria set forth in the Design Guidelines for new construction. The Historic Preservation Board formally reviewed the waiver request at its meeting of March 18, 1998 and voted to recommend to the City Commission that the waiver be approved, based upon consistency with the historic development pattern of Del-ida Park and the appropriateness of the new construction proposed for the site. By motion, approve the waiver to LDR Section 4.1.4(C), based upon positive findings to Section 2.4.7(B), in that the waiver will allow for development which is consistent with the Design Guidelines for Historic Districts, especially as it pertains to the rhythm of buildings in the Del-Ida Park District. Attachments: · Letter of Request · Survey of Lot 10 · LDR Section 4.1.4 (C) · Location map File/s/reports/manweiler waiver SECTION 4.1.3 (I) (I) Where any street, alley, or waterway is officially abandoned or vacated, the regulations applicable to each parcel of abutting property shall apply to that portion of such street, alley, or waterway added thereto by virtue of such abandonment or vacation. Section 4.1.4 .Use of Lots of Record: Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: [Amd. Ord. 78-94 10118194] (A) Duplex and multiple family structures may not be constructed on a lot which has an area less than that provided for as the minimum lot area within the zoning district. [Amd. Ord. 78-94 10118194] (B) A residential structure shall not be constructed on any lot, within a residential zoning district, which has frontage of less than fifty feet (50'). However, this provision shall not prevent construction of a residential structure on a Single Family Lot (or Parcel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access for a single family residence and similar uses by means of a nonpublic (private) access easement. [Amd. Ord. ?8-94 10118194] (C) In residential zoning districts other than R-l-A, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record are under the same ownership at the time of passage or amendment of this ordinance, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the. minimum frontage and lot area requirements of the district. Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of this ordinance. [Amd. Ord. 78-94 10/18~94] 4104 -~ ~ ~ ~" '--C- ~ I I I 'i'~ -*~' '~-_ 'N.w. ~T~ ST. ' ~ ~_~ L~ ~_L~ /~/ ~,., J ~ I ~~~ ~ ~ ~.~. ~ ~. _ L A K ~ I D A R 0 A D '' N E J ;' .. .,- ~ POST ~ CASON :, < OFFICE ' METHODIST L ~ -'~ '"I~" '~ ~ ~", ' ' ~ ] ~ ,. N.W. 3RD 5% N.E. 3RD ST. N DEL-IDA PARK HISTORIC DISTRICT =,~, o~ ~,,,,~ ~,~. ~, BLOCK i . LOT 1 0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~q SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF NOVEMBER 3, 1998 APPOINTMENT TO THE EDUCATION BOARD (STUDENT MEMBER) DATE: OCTOBER 29, 1998 We currently have two vacancies on the Education Board for student members. Student members must either be residents of the City or must attend a Delray Beach public school. We have been working with staff at Atlantic High School and recently received the following application: Nathan Deckerd (AHS Sophomore) The term is for two years, ending July 31, 2000. The appointment will be made by Commissioner Schmidt (Seat #1). Recommend appointment of a student member to the Education Board for a two year term ending July 31, 2000. ref:agmemo20 --~ ? ... CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name: Name Middle Initial 2. H6me Address: City State Zip Code q'zqo a"' Cc, , 3. Legal Residenco C~ty_ State Zip Cbd~ 4. Principal Bus/ncsi Addres~i City ~ ' State Zip Code ,4/r~ ~/~ ~ h~ Pin S. Home ?hone: (~l) ,-~iF-q2.2:~ Business ?hone: ( ) ~.~ 6. What B .~_d(s) at, you interest.cd in servin$? 7. List all City Boards on which you are c~rrently servin$ or have previously served: (?ie-s~e include dates) Educational qualifications: 9. List any rela. ted professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: 11. Describe experiences, s~ills or knowledge which qualify you to serve on this board: (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 application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. $kCITYCLERK~I~OARD~APPLICATION I am currently enrolled at Atlantic Community High School as a sophomore in the lB program, and I currently hold a 3.9 average in my classes. My extracurricular activities at school consist of the Atlantic ~t/ar eagle Marching Band, Key Club, where I hold the office of club treasurer and First Priority. Outside of school, I am registered with a local Boy Scouts of America troop. I have been involved with the scouting program since first grade and a part of BSA for four, almost five years. ~Uhile in the Boy Scouts I have held several leadership positions including patrol leader, assistant senior patrol leader and senior patrol leader, and January 31, 1998 I received the honor of Eagle Scout. Through the Boy Scouts, my church and Key Club, I have served my community many times in various events such as beach cleanups, Food for Families, and blanket drives for the unfortunate. I plan to use my acquired skills through these programs on the Delray Education Board as a representative of Atlantic Community High School. Nathan Deckerd TO: DAVID T. HARDEN, CITY MANAGER ~'~ ~~/ · ..u: & z SUBJECT: CITY COMMISSION MEETING OF NOVEMBER 3, 1998 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR'S) DEALING WITH PARKING REQUIREMENTS IN THE CBD AND IN-LIEU FEE PROVISIONS. At its meeting of Tuesday, April 28, 1998, the PMB voted to request that the City Commission impose a moratorium on the approval of in-lieu parking fee agreements for development in that portion of the Central Business District (CBD) located east of the Intracoastal Waterway until the potential for additional public parking can be determined, and the current fee and financing options can been evaluated. The City Commission denied that request and asked that staff study the current regulations and make recommendations on a fee amount that more closely approximates the true cost of providing parking, and to review and make recommendations on the financing options. The attached LDR amendments have been drafted pursuant to recommendations of the Planning and Zoning Board, the Parking Management Advisory Board, the Downtown Development Authority and the Community Redevelopment Agency. The "In-Lieu Fee" report, also attached, is the result of staff's research and analysis of the current in-lieu fee provisions. Historic background, costs, financing options and other issues related to the proposed amendments were discussed at DDA, CRA, PMB and P&Z meetings in September 1998. Comments and recommendations were incorporated into the proposed language of the amendments. The specific code changes were then presented to each Board in October, 1998 for final recommendations. These recommendations are presented below. Planning & Zoning Board The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of October 19, 1998. There were no public comments on the proposal. The Board discussed financing issues, and whether or not interest should be charged. The consensus was that there should be interest charged for those who defer payment of the fees. Mr. Bird felt that the fee should reflect the average of the costs that were presented, and that $10,000 is more appropriate that the $12,000 proposed. The rest of · ,:, City Commission Documentation Meeting of November 3, 1998 - In-Lieu Parking Fees Page 2 the Board supported the $12,000 figure. The Board recommended adoption of the proposed amendments by a vote of 4 to 1 (Bird dissenting due to the fee schedule) with the following change: · That interest be attached to all in-lieu fees that are not paid at time of building permit, at a rate of Prime plus 1% (Prime to be established by the City's Finance Department). The suggested change has been incorporated into the proposed ordinance. Downtown Development Authority (DDA) The DDA held a public hearing on the proposed amendments at its meeting of October 21, 1998. Only three Board members were present for the meeting. Although 4 members are required for an affirmative vote, the consensus of the 3 Board members was to recommend approval of the proposed amendments with the following comments: · All proceeds from in-lieu fees should be used for capital improvements (i.e. actual construction of parking spaces); · If in-lieu fees are financed, the City should not be in a subordinate position to other lenders on the project; and, · Do not allow credit for beautification. Community Redevelopment Agency The CRA reviewed the proposed amendment at its October 22, 1998 meeting. The Board recommended approval of the proposed amendment with the following comments: · The proposed in-lieu fee should be reduced to $10,000; and, · The effective date of the ordinance should be January 1, 1999. Parking Management Advisory Board The proposed amendment was discussed at the Parking Management Advisory Board meeting on October 27, 1998. 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. Two of the Board members felt that the $12,000 fee was too high and should be lowered. The rest of the Board supported the $12,000 figure. The Board also felt that lighting was a necessary component of parking and should not be limited to the 10% figure for beautification elements. The Board recommended approval of the amendments by a vote of 5-2 with the following comments: · There should not be any interest charged when fees are financed; and, · The effective date of the Ordinance should be January 1, 1999 ,.. City Commission Documentation Meeting of November 3, 1998 - In-Lieu Parking Fees Page 3 The attached amendments are as recommended by the Planning and Zoning Board with the following revisions: · The effective date of the Ordinance is recommended to be January 1, 1999; · The PMB comment that lighting should be included as part of the construction cost for on-street parking was added; and, · Credit may not be taken for those streetscape elements listed in Section 4.4.13(0(2)(0 which are required to meet the performance standards for new developments in the CBD over 30 dwelling units per acre. By motion, approve the proposed amendments to LDR Section 4.6.9(E), Location of Parking Spaces, and 4.4.13(G), Supplemental District Regulations, CBD Zoning District as attached, based on findings and conditions as recommended by the Planning and Zoning Board. Attachment: · Proposed LDRAmendment City Commission Documentation Meeting of November 3, 1998 - In-Lieu Parking Fees Page 4 LDR Reference: 4.6.9(E) Location of Parking Spaces (E) Location of Parking Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6,9(E)(3)(e), the construction of additional .on-street public parking may be used to off-set the total dollar amount due under an in-lieu fee agreement with the City. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein (b) The fee is hereby established at ,~ $12,000 per space. Arrangements for payment shall be 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. (d) The in-lieu fee may be paid at one time or in installments. Installment payments shall be made over a two year period. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the first anniversary date of the signing of the agreement. The third, and final payment of 25% of the total fee is due on the second anniversary date of the signing of the agreement. Installment agreements may only be made between the City and the Owner(s) of the subject property. A fixed interest rate of prime plus 1% will apply to the unpaid balance and be added to payments two and three. The prime rate shall be as determined by the primary financial institution of the City of Delray Beach On the date of signing of the agreement. In- Lieu parking fee agreements made with tenants shall be paid in full upon signing of the agreement. There shall be no interest due under this payment schedule. ~,..~ ......... ,,,, ~,l,-, ;.,, .... , ;~ ,,. ~.. ,.,., .... ,~ ~,,,.;,.,,., ,,.,~, ¢,.~ ,~..... (3) .- City Commission Documentation Meeting of November 3, 1998 - In-Lieu Parking Fees Page 5 (e) Where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee agreement is being sought, the applicant must construct additional on-street parking. The total in-lieu fee due shall be reduced by an amount equal to the actual construction costs for these on-street spaces including street lighting. Additional credit, not to exceed 10% of the total fee, may be taken for the actual construction costs of approved streetscape beautification elements in the public right-of-way. These improvements may include, but are not limited to, paverbrick walkways, street furniture and landscaping. Credit may not be taken for those streetscape elements listed in Section 4.4.13(I)(2)(f) which are required to meet the performance standards for new developments in the CBD over 30 dwelling units per acre. LDR Reference: 4.4.13(G) Supplemental Regulations, CBD Zoning District (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton 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, parking requirements shall apply to new floor area and restaurants only. Except for restaurants, changes ~ in use (both residential and non-residential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor area, except restaurants 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, as further modified within this Subsection (G)(1). ORDINANCE NO. 47-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS" SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING REGULATIONS; AMENDING SECTION 4.4.13, "CENTP~AL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO EXCLUDE RESTAURANTS FROM THE REDUCED PARKING REQUIREMENT IN THAT CERTAIN AREA OF THE CBD MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on October 19, 1998, and voted 4 to 1 to forward the changes with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parking Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E) (3) (e), the construction of additional on-street public parkinq may be used to off-set the total dollar amount due under an in-lieu fee aqreement with the City. (2) Required off-street parking shall be provided on the same lot or parcel as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD and GC (West Atlantic Avenue Overlay District) zoning districts in compliance with the supplemental district regulations provisions therein. (b) The fee is hereby established at $~/~ $12,000 per space. Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. (c) Ail proceeds from such a fee shall be used for parking purposes. (d) The in-lieu fee may be paid at one time or in installments. Installment payments shall be made over a two year period. The first installment shall be 50% of the total fe~ and is to be paid upon signing th~ agreement. The second installment shall b~ 25% of the total fee and is due on the first anniversary date of the signing of th~ agreement. The third and final payment of 25% of the total fee is due on the second anniversary date of the signing of th~ agreement. Installment agreements may only be made between the City and the Owner(s) of the subject property. A fixed interest rate of prime plus 1% will apply to the unpaid balance and be added to payments two and three. The prime rate shall be as determined by the primary financial institution of the City of Delra¥ Beach on the date of signing of the aqreement. In-lieu parking fee agreements made with tenants shall be paid in full upon signing of the aqreement. There shall be no interest due under this payment schedule. - 2 - Ord. No. 47-98 (e) Where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee agreement is being souqht, the applicant must construct additional on-street parking. The total in-lieu fee due shall be reduced by an amount equal to the actual construction costs for these on-street spaces including street lighting. Additional credit, not to exceed 10% of the total fee, may be taken for the actual construction costs of approved streetscape beautification elements in the public right-of-way. These improvements may include, but are not limited to, paverbrick walkways, street furniture and landscaping. Credit may not be taken for those streetscape elements listed in Section 4.4.13(I) (2) (f) which are required to meet the performance standards for new developments in the CBD over 30 dwelling units per acre. Section 2. That Chapter Four, "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 City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: - 3 - Ord. No. 47-98 (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and SoE. 1st Street on the south, parking requirements shall apply to new floor area and restaurants only. ExceDt for restaurants, ~hanges in use (both residential and nonresidential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor areal except restaurants., 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, as further modified within this subsection(G) (1). 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 on January 1, 1999. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 47-98 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: OCTOBER 19, 1998 AGENDA ITEM: V.E. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) DEALING WITH PARKING REQUIREMENTS IN THE CBD AND IN-LIEU FEE PROVISIONS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on amendment of Section 4.6.9(E) Location of Parkinq Spaces and Section 4.4.13(G) Supplemental District Requlations, CBD of the Land Development Regulations (LRDs). The affected sections pertain to the subject of parking in the CBD and application of the in-lieu parking fees. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND In the past year, several requests came before the Parking Management Advisory Board (PMB) for in-lieu parking for properties located east of the Intracoastal Waterway. There was considerable discussion at each of these meetings regarding parking availability in this area. The concern is that the supply of existing public parking is inadequate and the potential to provide additional public spaces is extremely limited. The PMB has continued to support the downtown redevelopment effort and the individual projects which it has reviewed and since the acceptance of an in-lieu fee agreement has been a necessary component of these projects, the Board has reluctantly voted to recommend approval of the agreements. The PMB has discussed the construction of a parking garage in this area as a method of meeting the increased demand for parking. However, there is considerable concern on how to fund the project and where it should be located. The problems of high land values, lack of vacant property and high construction costs for structured parking all need to be addressed. It is widely acknowledged that the current in-lieu fee of $6,000 is inadequate for the purchase of land and construction of surface or structured parking in this area. At its meeting of Tuesday, April 28, 1998, the PMB voted to request that the City Commission impose a moratorium on the approval of in-lieu parking fee agreements for Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 2 development in that portion of the Central Business District (CBD) located east of the Intracoastal Waterway until the potential for' additional public parking can be determined, and the current fee and financing options can been evaluated. The City Commission denied that request and asked that staff study the current regulations and make recommendations on a fee amount that more closely approximates the true cost of providing parking, and to review and make recommendations on the financing options. The attached LDR amendments have been drafted pursuant to comments at the Planning and Zoning Board meeting and at the PMB meeting. The "In-Lieu Fee" report, also attached, is the result of staff's research and analysis of the current in-lieu fee provisions. ANALYSIS OF PROPOSED AMENDMENTS LDR Reference: 4.6.9(E) Location of Parking Spaces (E) Location of Parkincl Sl~aces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E~('3~('e~, the construction of additional on-street public parking may be used to off-set the total dollar amount due under an in-lieu fee agreement with the City. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein (b) The fee is hereby established at,.~,,..v~:~nnn $12,000 per space. Arrangements for payment shall be 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. (d) The in-lieu fee may be paid at one time or in installments. Installment payments shall be made over a two year period. The first installment -' Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 3 shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the first anniversary date of the signing of the aqreement. The third, and final payment of 25% of the total fee is due on the second anniversary date of the siqning of the agreement. Installment agreements may only be made between the City and the Owner(s) of the subject property. In-Lieu parking fee agreements made with tenants shall be paid in full upon ..signing of the agreement. There shall be no interest due under this payment schedule. (e) Where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee agreement is beinq sought, the applicant must construct additional on-street parking. The total in-lieu fee due shall be reduced by an amount equal to the actual construction costs for these on-street spaces. Additional credit, not to exceed 10% of the total fee, may also be taken for approved beautification elements in the public right-of-way. These improvements may include, but are not limited to, paverbrick walkways, decorative street, lighting, street furniture and landscaping. Analysis: As described above, the in-lieu fee is an option that may be used when specific findings are made, that is, when it is determined to be impossible or inappropriate to provide the required parking on-site. In most cases involving new construction or additions to existing buildings, there is some ability to provide parking. These agreements may be accepted or rejected by the City Commission based on their appropriateness. The changes in the text are self-explanatory. Please refer to the attached In-Lieu Parking Fees Report with respect to the cost of providing parking. The change in the financing option is a recommendation of the Parking Management Advisory Board. The current nine-year payment period was considered to be too long for the City to construct enough new parking to keep pace with development. The financing option is limited to property owners since tenants may go out of business or change locations prior to making the total payment. The in-lieu fee will remain the same for all areas where it is permitted. The proposal to have a different fee for each area based on cost was rejected since the collected fees would then have to be spent in the area where they were collected. The proposed fee amount is closest to what it would cost to provide structured parking east of the Intracoastal Waterway. Since the cost of parking decreases with land values as we move westward, it becomes more economical for the developer to provide surface parking, thus encouraging private development of parking. · ' Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 4 The addition to Section 4.6.9(E)(1) and the new subsection 4.6.9(E)(3)(e) implement another recommendation of the PMB, whereby the public right-of-way is utilized to provided additional parking adjacent to the demand. LDR Reference: 4.4.13(G) Supplemental Regulations, CBD Zoning District (G) Supplemental District ReRulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton 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, parking requirements shall apply to new floor area and restaurants only. Except for restaurants, changes ~ in use (both residential and non-residential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor area, except restaurants 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, as further modified within this Subsection (G)(1). Analysis: The proposed changes apply only to restaurants in the portion of the CBD bounded by Swinton 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. The success of the downtown as an entertainment district with restaurants and clubs has significantly increased the demand for off-street parking. Based on the current success of the downtown, it appears that a reduced parking requirement is no longer needed as a redevelopment incentive. The proposed change requires restaurants in this area to meet the same parking requirements as in the rest of the CBD, OSSHAD and the West Atlantic Avenue Redevelopment Area. The applicable rate is (6) spaces per 1,000 sq. ft. of floor area. This is still one-half the normal code requirement for the rest of the city. The requirement will be applied to changes in use as well as the construction of new floor area. Under the proposed regulations, restaurants will have to provide an additional 2.7 spaces per 1,000 sq. ft. than required under current code. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findings: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. · ' ;' Planning'& Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 5 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were noted: Future Land Use Element Policy C-4.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: · deletion of inappropriate uses · incentives for locating retail on the ground floor with office and residential use on upper floors · accommodating parking needs through innovative actions · incentives for dinner theaters, playhouses, and other family oriented activities · allowing and facilitating outdoor cafes · incentives for mixed use development and rehabilitation · elimination of side yard setback requirements · allow structural overhang encroachments into required yard areas The provision of on-site parking is often limited by site constraints and issues relating to scale, building character and compatibility with surrounding properties. In these cases, the use of in-lieu parking fees provides developers with an innovative alternative--the parking requirement is met by the existing pool of public parking and the collected fees are used to off-set the City's costs to provide the parking. As available lease space diminishes and property owners seek to maximize the development and redevelopment potential of their properties, the use of in-lieu fees is expected to increase dramatically. The in-lieu fee parking option also provides a method for rehabilitation and changes of use to occur in existing buildings. The conversion of existing office space to retail, or retail space to restaurants, would be severely limited in buildings that have no ability to construct additional parking spaces. Typically these conversions require only one or two additional spaces (for example, the expansion of Cafe Luna Rosa and Cafe La Boheme into existing floor area required one space each; Java Bean Junction required two spaces). These projects involved substantial upgrades to existing buildings, which would probably not have occurred without the in-lieu option. For these trends to continue, the construction of new public parking must be timed to keep pace with development and sufficient money must be raised to purchase land and construct the necessary parking. The existing in-lieu parking fees and financing options are insufficient to meet these costs. The proposed amendments are intended to make the program a viable method to provide additional public parking in the downtown area. Future Land Use Element Policy C-4.3 The City shall be the lead agency in pursuing the construction and operation of tiered parking structures with mixed uses in the CBD. Locations of parking facilities shall follow the CBD Development Plan required through Policy C-4.2 The City's commitment to revitalizing the downtown and the efforts of the CRA, DDA, and Chamber of Commerce, has produced a vibrant 20-hour downtown with a Iow Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 6 vacancy rate, high demand for lease space and increasing property values. As land values increase and vacant property diminishes,'parking structures become a practical and cost effective method of providing additional public parking. Downtown parking garages typically range in cost from $8,000 to $10,000 per space (excluding land), depending upon the size of the garage and upon the quality of the exterior architectural treatment. Many cities such as Charleston or Boulder require an attractive elevation on garages that blend in with the local architecture. These garages cost even greater than $10,000 per space. The current $6,000 in-lieu fee is inadequate for the purchase of land and construction of structured parking. The proposed amendment will increase the in-lieu fee. A positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. OTHER REVIEWS A general discussion of the issues relating to downtown parking and in-lieu fees occurred at the Downtown Development Authority (DDA) meeting on September 16, 1998. The following comments were made by the DDA: 1. The in-lieu fee should be raised to cover actual cost. 2. The fee should be paid up front. 3. The City should finance construction of a parking garage first. Developers can then buy spaces in the garage as needed. 4. We should contact parking companies such as Ali-Right to see what it would take to have them put up and manage a garage. 5. It is understood that we would have to start charging a fee for other public parking downtown to make a garage feasible, but.the spaces directly on Atlantic Avenue should remain free. 6. The parking requirement for restaurants in the original DDA area of the CBD should be increased to match the requirements in the rest of the CBD. A list of issues relating to downtown parking and in-lieu fees was presented to the Parking Management Advisory Board (PMB) on September 22, 1998 for discussion and comment. The following comments were made: 1. In-lieu parking fees should continue to be used as a last resort. Developers should provide as much of their required parking as possible and exhaust all other alternatives before requesting in-lieu fees. 2. The in-lieu fee should be increased to $12,000. There should be one fee for all areas where in-lieu fees are permitted. 3. Payment of the fee may be financed under the following schedule: 50% to be paid up front; 25% after the first year and 25% after the second year. No interest is required. Tenants may not finance the payment. 4. The parking requirement for restaurants in the original DDA area should be increased to 6 spaces per 1000 square feet. It is currently 3.33 spaces per 1000 square feet. Conversions of existing structures must provide the additional parking. Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 7 5. We will have a study prepared to determine the timing of constructing additional parking lots and/or a garage. 6. The board agreed that we would have to start charging for other parking in the downtown to make a garage feasible. 7. We should have a proactive approach to provide additional public parking as part of private redevelopment projects. 8. We should contact large parking companies now to determine what they would require to provide and manage a parking garage. 9. New on-street parking should be constructed where right-of-way permits as part of new development projects. The developer may take a credit against the in-lieu fee for constructing such spaces. Additional credit may be taken for approved beautification elements, such as street lighting, landscaping and paverbrick walkways. These improvements must be in the public right-of-way. The list of issues and comments from the PMB was presented to the Planning & Zoning Board on September 28, 1998 for discussion and comment. The following comments were made: 1. The consensus of the board was not to restrict the circumstances for which the in- lieu option can be used. 2. The dollar amount for in-lieu fees should be the same for all areas at $12,000. 3. Financing options should be modified per the Parking Management Advisory Board recommendation. 4. The parking requirements for restaurants in the first blocks along Atlantic Avenue should be increased as elsewhere in the CBD to (6) spaces per 1,000 square feet of floor area. 5. Regarding the construction of the parking, the Board felt that a financing plan should be in place first. 6. It is understood that if a garage is constructed there would have to be a fee for public parking. The Board felt that a fee should be charged even for the spaces along Atlantic Avenue. 7. The City should try to combine public parking with private parking where possible. 8. The City should begin meeting with companies that operate parking lots and garages to get an idea what it would take to build and manage a garage downtown. 9. New projects should be encouraged to construct on-street parking when possible to offset their in-lieu needs. The proposed amendments will be reviewed by the Community Redevelopment Agency on October 22, 1998. The amendments will also be presented to the DDA and PMB again for their final recommendations. The comments and recommendations from these Boards will be included in the final report to the City Commission for action. ALTERNATIVE ACTIONS 1. Recommend approval based upon a finding that the proposed amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. Planning & Zoning Memorandum Staff Report In-Lieu Parking Fees: Amendment to LDR Section Page 8 2. Recommend denial, in whole or in part, in that the proposed amendments are not appropriate with reason, stated. 3. Continue with direction. RECOMMENDED ACTION By motion, recommend that the City Commission adopt the amendments to LDR Section 4.6.9(E), Location of. Parking Spaces, and 4.4.13(G), Supplemental District Regulations, CBD Zoning District as attached, based on a finding that the amendments further the goals, objectives and policies of the Comprehensive Plan which relate to the continued revitalization and redevelopment of the Downtown area. Attachment: · In-Lieu parking Fees Report Report Prepared by Ron Hoggard, Senior Planner City of Delray Beach In-Lieu Parking Fees History, Costs and Issues October, 1998 Prepared by the Planning and Zoning Department · Page 2 The History of In-Lieu Fees in Delray Beach In-lieu parking fee provisigns have been included in the Delray Beach regulations since the Central Business District (CBD) zoning district was first created on November 13, 1973, [Ordinance No. 27-73]. The CBD district was the only zoning district to include provisions for in-lieu fees and their use was not allowed outside of this district. The boundaries for the CBD were established in February of the following year [Ordinance No. 2-74]. The CBD district, which represented a relatively small portion of the current CBD, generally included the first block north and south of Atlantic Avenue between Swinton Avenue and the Intracoastal Waterway (See Map 1). Since this area was already largely developed at the time, the ability for developers to provide additional on-site parking was limited. These provisions were provided as an alternate method for those wishing to construct a new building or an addition to an existing building to meet the parking requirements. The original language included in the Ordinance is as follows: (H) ALTERNATE OFF-STREET PARKING REQUIREMENTS (a) In the event the owner is unable to provide the required number and area for parking space for other than dwelling units, then the owner, if he so elects, may pay into the Downtown Development Authority a sum of money, to be determined as hereinafter set out, in lieu of the parking area shortage. Such payment shall be in place of the parking requirements needed as set out in G(3) above. (b) The cost per parking space shall be the total ora square foot assessed value of the property as per formula plus $3.00 per square yard of parking space required. In computing the amount for the assessment portion, the square footage of the land shall be divided into the Palm Beach County assessments on such land excluding improvements. This square foot assessment figure shall then be multiplied by two hundred (200)for each parking area required, but shall be at least $500.00. (c) Payment is to be made before a certificate of occupancy shall be issued. The basic premise for the program was that since the City had a base of both on-street and off-street public parking in this area, utilizing in-lieu fees to meet development requirements would not overly tax the existing parking system until additional public spaces could be constructed. The regulations dealing with in-lieu fees were amended nine times in the past 25 years. During this 25 year period, the method of computing the fee changed several times and the fee increased from a minimum of $567 per parking space to $6,000 per space. When the fee was increased from $2,500 to $6,000 in 1993, a financing option was added to make it easier for small developers to pay the increased cost. The area where in-lieu fees may be utilized also increased dramatically during this time to include the entire Page 3 N.E. 2ND ST. V£ TER A N PARK ATLANTIC PLAZA OLD SCHOOL -- ATLANTIC AVENUE S.E. I I I I 1ST BUD'S .... S.E. 2ND ST, 0 N Mop 1 ~ ORIGINAL CBD BOUNDARIES CITY or DE:LRA¥ BEACH. rL -- ESTABLISHED FEBRUARY 25, 1974 - PLANNING & ZONING DEPARTMENT ORDINANCE #2-74 -- DIG~FA/. ~,45E ~l,~lP $¥~/'[M -- MAP RE¢: LMA91 Page 4 expanded CBD, OSSHAD and the West Atlantic Avenue Overlay District (See Map 2). The original limitation that in-lieu fees were not' to be used for dwelling unit projects was eliminated in 1990. Use of the in-lieu fee provisions was extremely limited in the early years. The public library was the first development to exercise this option when it paid $60,000 for 24 spaces in 1984, eleven years after the regulations were enacted. In the following ten years, until 1994, the in-lieu fee option was not used at all. This is probably due to the limited area and deteriorated condition of the original CBD at that time. The in-lieu fee option simply wasn't needed since businesses were moving out of the downtown area and new construction was minimal. Additionally, the parking requirements in the original CBD area dealt only with new floor area. Therefore, conversions of existing floor area to more intensive uses did not require additional parking. This liberal parking requirement still exists today for the original CBD area of the downtown. Although the basic intent is the same, as a result of all the amendments, the current in- lieu fee regulations bear little resemblance to the original. The current regulations for in-lieu fees are as follows: Section 4.6.9(E) (3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein. (b) Ti~e fee is hereby established at $6,000 per space. Arrangements for payment shall be 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. (d) 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. Tim first payment would be due upon signing the installment agreement. The remaining nine payments would be due annually. No interest is to be charged during the first 3 years. Beginning 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 through ten. For a detailed chronology of the amendments made to the in-lieu fee regulations since they were originally established, see "Appendix A' of this report. Page 5 Page 6 The In-Lieu Fee Fund Of the total $109,876 in fees collected over the years, $22,521 was used to construct new parking spaces. That wa~ a in the form of a loan to the CRA. Other expenditures included $29,616 for parking studies and $24,446 for parking lot lighting. At present there is approximately $56,000 in the fund. A detailed accounting of past collections of in-lieu fees and expenditures of these funds is included in the following table. Table 1 Parking In-Lieu Fee Fund (Receipts and Expenditttres) Item Date Receipts Expense Running Total Transfer From Library Jun-84 $ 60,000 $ 60,000 Master Plan Parkinl~ Study Aug-89 ($ 25,000) $ 35,000 Decorative Street Lighting (Ace & Hands Parking) Nov-92 ($ 425) $ 34,575 Decorative Street Lighting (Ace & Hands Parking) Feb-93 ($ 9,398) $ 25,177 Decorative Street Lighting {Ace & Hands Parking) Mar-93 ($14,623) $10,554 MOUW Associates Feb-94 $ 2,500 $13,054 Computer Parts Outlet Feb-94 $ 2,500 $15,554 Interest - FY 93-94 Sep-94 $ 514 $16,068 Patio Partners Sep-95 $1,800 $17,868 Interest - FY 94-95 Sep-95 $ 904 $18,772 Interest - FY 95-96 Sep-96 $1,349 $ 20,121 Bright Horizons Mar-97 $ Z400 $ 22,521 Loan to CRA for Block 76 Parking Lot Mar-97 ($ 22,521) $ 0 Patio Partners Mar-97 $1,800 $1,800 Parking Study 0' D. Edwards) May-97 ($1,866) ($ 66) Bankers Grille Jun-97 $ 2,400 $ 2,334 Patio Partners Aug-97 $1,800 $ 4,134 Parking Study 0' V. Edwards) Sep-97 ( $1,356) $ 2,778 Interest - FY 96-97 Sep-97 $109 $ 2,888 Cafee Luna Oct-97 $ 2,000 $ 4,888 Parking Study 0. D. Edwards) Dec-97 ($1,394) $ 3,494 Bright Horizons Oct-97 $ 2,400 $ 5,894 Bankers Grille Refund Mar-98 ($ 2,400} $ 3,494 Java Bean Junction Mar-98 $ 6,000 $ 9,494 Cafe La Boheme May-98 $ 6,000 $15,494 Azari May-98 $16,000 $ 31,494 Patio Partners Aug-98 $1,800 $ 33,294 CRA Loan Repayment (Anticipated} Sep-98 $ 22,521 $ 55,815 Where Are We Now? Times have certainly changed since adoption of the first in-lieu fee regulations. Today, the City's commitment to revitalizing the downtown and the efforts of the CRA, DDA, and Chamber of Commerce, has produced a vibrant 20-hour downtown with a low vacancy rate, high demand for lease space and increasing property values. Consequently, the use of the in-lieu fee option has begun to rise. As available lease space diminishes and property owners seek to maximize the development and ' Page 7 redevelopment potential of their properties, the use of in-lieu fees is expected to increase dramatically. Unfortunately, prosperity has brought with it a new set of problems and issues. The increasing demand for new parking downtown is not being met in many locations. This is especially true east of the Intracoastal Waterway where existing public parking is inadequate and the potential to provide additional public spaces is limited. Although the construction of a parking garage in this area has been discussed, there is considerable concern on how to fund the project and where it should be located. The problems of high land values, lack of vacant property and high construction costs for structured parking all need to be addressed. It is widely acknowledged that the current in-lieu fee of $6,000 is inadequate for the purchase of land and construction of surface or structured parking in this area. The principal use that is particularly evident in the growth of the downtown is exciting, trendy restaurants. With this growth, the downtown is experiencing a new demand for parking, particularly at nighttime. Not only are restaurants fueling this demand, but retailers are beginning to extend their operating hours into the evening hours, especially on Friday and Saturday nights. The Cost of Parking Parking costs are divided into three categories-the cost of land, construction costs and operating costs. For the purpose of this report, it is assumed that operating costs are covered by fees to the customer (parker). If the fees to the customer exceed the operating costs, these revenues could be used to service a portion of the debt incurred on land and construction costs. Otherwise, these costs will have to come entirely from other sources. One potential source is In-Lieu fees. The cost of land is most dependant on location. Due to the limited amount of vacant property in areas where additional parking is most needed, improved property will have to be purchased in many cases. This not only increases the up-front costs, but also adds a demolition cost component. For the purpose of this report, an analysis of land values was completed for four areas with different characteristics where in-lieu fees are allowed. These figures, shown in Table 2, represent the Palm Beach County Property Appraiser's 1997 assessed value including improvements. Although the ratio of the property assessment to market value varies in each area, it is certain that market values are higher than assessments in ail areas. Therefore, acquisition costs will be somewhat higher than the stated figures. If necessary, further refinement is possible through the use of a Property Appraiser. Page 8 Table 2 1997 Property Values for Selected Areas (Palm Beach County Property Appraiser) Area Number of Properties Avera]~e Value per scI. ft. Median Value per sc]. ft. 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 652 $16.19 $ 9.72 The cost of land per parking space is dependant on the configuration of the land and whether the parking is a surface lot or a multi-level garage. Surface parking, including access, vehicular/pedestrian circulation and open space/landscaping requires approximately 450 square feet per space. Inefficient property configurations which necessitate a lot of single-loaded parking aisles, can require over 500 square feet per space. For the purpose of this report; however, we will assume that 450 square feet is the average area for a typical surface parking space. The land area per parking for a multi-level parking garage is dependant on the number of floors in the structure. A three-story garage containing 300 spaces will require a site area of approximately 46,500 square feet, while a two story garage containing 200 spaces will still require the same land area. Although the land cost per parking space will continue to decrease as the number of floors in the garage increases, aesthetics, and compatibility with surrounding properties will play a major role in the decision of how high to go. For the purpose of this report, we will assume a three level garage containing 300 spaces. The land area per parking space with this scenario is 155 square feet. The cost of land based on the above scenarios for surface and structured parking ids given in the following table. Average and median property values are taken from the preceding table. Table 3 Land Cost per Parking Space Area Average Land Value Surface Garage Median Land Value Surface Garage sq. CBD-East of Lntracoastal $ 44.76 $ 20,142 $ 6,938 $ 31.28 $14,076 $ 4,848 CBD-West of Intracoastal $19.49 $ 8,771 $ 3,021 $16.22 $ 7,299 $ 2,514 OSSHAD $ 9.49 $ 4,271 $1,471 $ 8.98 $ 4,041 $1,392 West Atlantic Avenue $ 6.57 $ 2,957 $1,018 $ 4.07 $1,832 $ 631 Entire Area $16.19 $ 7,286 $ 2,509 $ 9.72 $ 4,374 $1,507 The construction cost per parking space is also dependant on the configuration of the land and whether the parking is a surface lot or a multi-level garage. For surface lots, inefficient property configurations require more pavement and hence have a greater per space construction costs. Similarly, property size and configuration also dictate the type of garage and the overall efficiency. -. Page 9 Based on past experience of the Community Redevelopment Agency in constructing new parking lots in the downtown area, c6mplete with landscaping/irrigation, drainage, decorative lighting, and paverbrick pedestrian linkages, it is estimated that the construction cost per space varies between $2,500 and $3,500. The size of the lot and the efficiency of the site are the most important factors in determining the actual cost. For the purpose of this report, we will assume that $3,000 per space is the average construction cost for new surface parking lots. Downtown parking garages range in cost from $8,000 to $10,000 per space depending upon the size of the garage and upon the quality of the exterior architectural treatment. Many cities such as Charleston or Boulder require an attractive elevation on garages that blend in with the local architecture. These garages cost even greater than $10,000 per space. Downtown parking garages come in many sizes and shapes, however, due to the limitations of the width and length of sites in downtown Delray Beach, one alternative is the continuous sloped ramp type. The ramps slope and automobiles park on the sloped sections as well as the flat sections at the end of the garage. The garage must be at least 125 feet wide and should be no shorter than 250 feet. A 250 foot garage will result in a ramp slope of 3%. The ideal size is 280 feet which results in a 2-1/2% ramp slope. Refer to Figure 1 for a diagram of a continuous slope garage. A 280 foot long garage can accommodate approximately 110 spaces per floor assuming each stall width is 9 feet wide. For the above-described garage, the total square footage is 97,500 square feet, costing approximately $30.00 per square foot. The following summarizes the cost breakdown of this 300-space garage. Table 4 Garage Construction Cost (300 Space Garage) , ..C. ost Element Amount Cost per space Construction $1,706,250 $ 5,687.50 Fire Sprinklers $121, 875 $ $ 406.25 Lighting/Electrical $ 97,500 $ 325.00 Elevators $100,000 $ 333.33 Fire Alarm $ 97,500 $ 325.00 Exterior Skin $ 73,125 $ 243.75 Signa~e & Related Elements $ 25,000 $ 83.33 Other $ 24,375 $ 81.25 Landscaping $ 50,000 $166.66 Contractor OH/Profit $ 253,500 $ 845.00 Gates/Meters $ 60,000 $ 200.00 Contingency $ I10,000 $ 366.66 Totals $ 2,724,125 $ 9,080.42 Source: Communit~d Redevelopment Agenc~d Page 10 The following table depicts the total cost of providing parking based on median land values and the construction costs described above': Table 5 Total Cost per Space by Area (Land & Construction) Area Surface Gara[~e CBD-East of Intracoastal $17,076 $13,998 CBD-West of Intracoastal $10,299 $11,614 OSSHAD $7,041 $10,492 West Atlantic Avenue $4,832 $9,731 Entire Area $7,374 $10,607 In-lieu Parking Fees in Other Municipalities A review of municipalities in the South Florida region was conducted. The list is comprised mostly of older cities located in east of 1-95 which have either downtowns or beach areas that would allow for an in-lieu program to be established. Table 6 In-lieu Parking Fees in Other Municipalities Municipality Brief Description Fee Amount West Palm Beach In-Lieu $7,959+ (see note 1) Deerfield Beach Technical Deviation $6,000 (see note 2) Hollywood Parking Payment Program $5,000 (see note 3) Pompano In-Lieu $6,000 Plantation No Program (see note 4) Hallandale No Pro]~ram (see note 5) Table Notes: 1. The total amount is $7,959 plus the percentage change in the construction Cost Index for "ENR 20-cities' contained in the Engineering news record, the McGraw Hill Construction weekly. 2. If a parking facility is not undertaken within three years of the commitment or receipt of fee, all obligation shall become null and void and the fee will be returned. 3. The fee is established at $5,000 or the amount determined to be the City's cost of constructing one parking space. 4. the City is drafting regulations to add in-lieu provisions to their code. 5. The City is considering instituting an in-lieu program in the "old" financial district. Revising the In-Lieu Fee RegulationsmThe Issues In developing a new set of regulations of the use of in-lieu fees, one of the most critical decisions is when they should be used. Should the use of in-lieu fees be a last resort to meeting the parking requirements or should the City actually encourage their use as a Page 11 viable alternative to providing parking? This decision is dependant upon the level of public commitment to actually construct the spaces for which fees are being paid. While everyone would probably agree that additional parking should be provided to accommodate new development, the issue of where this parking should be located is not as easy. The visual and economic impact of off-street parking lots on the urban fabric must also be considered. Instead of a series of small, inefficient parking lots, a centralized parking system of larger surface lots and garages would promote a more efficient use of individual property and decrease the cost of parking as a percentage of total property value in the downtown. It would also provide opportunities for developers to create public plazas, parks and useable open space. For this system to work, however, sufficient money must be raised to purchase land and construct the necessary parking. Additionally, the construction of new parking must be timed to keep pace with development. The dollar amount of the in-lieu fee is one of the most important issues. In determining what this amount should be the level of participation by the City must be determined. Since the cost of parking is most dependant of the location, a decision must also be made whether or not to have different rates for different areas. The financing option in the current in-lieu fee program must be reviewed. While the program should allow some flexibility for the small business or property owner, it must also generate funds to construct enough parking to keep pace with development. The current program does not contain provisions as to who may enter into an in-lieu fee agreement with the City. The agreement may be made with either a tenant of an building or the property owner. There has been some concern expressed as to what happens if a tenant utilizes the financing option and then goes out of business before the total fee is paid. The issue of parking requirements in the downtown area is also important. For the original DDA area, the parking requirement is only I space per 300 square feet regardless of use. Therefore, conversions of existing floor area to more intensive uses did not require additional parking. Additionally, restaurants enjoy a reduced standard in the remaining portions of the CBD as well with a requirement of only 6 spaces per 1,000 sq. ft. of building area. This is one-half the normal requirement. These liberal parking requirements have helped to fuel the revitalization of the downtown area. However, the success of the downtown as an entertainment district with restaurants and clubs has also significantly increased the demand for off-street parking and few new spaces have become available to meet this new demand. The City must decide at what point it no longer needs the reduced parking requirements as a redevelopment incentive. Another issue to consider is the timeframe for construction of public parking. Developers may be more apt to buy into the system if they know when the spaces are to Pagel2 be constructed. One suggestion is to construct the parking first and then sell the spaces to individual businesses who may need additional parking. The concept of charging for public parking in the downtown area has been discussed may times in the past. If the city decides to construct a parking garage downtown and charge for parking in the garage, it is generally understood that a fee would be charged for other public parking as well. This should be discussed and an agreement reached before consideration is given to a new public parking structure. The potential exist to obtain additional public parking within private development projects. Consideration should be given to utilizing in-lieu fee funds to purchase excess parking from these developers for public parking. The opportunity to construct additional on-street parking where possible adjacent to new development projects has generally not been considered as an option to meeting the additional demand. One recent project has included such provisions. Language promoting this option should be considered in the new regulations. ' Page 13 " Page l4 : ~ ~ Page15 TO: DAVID T. HARDEN CITY MANAGER ~"~" THRU: DIANE DOMINGUEZ~C~' ,~ DEPARTMENT OF PLA.NNINiG AND ZONINGs/ FROM: J~~EKS~NNER SUBJECT: MEETING OF NOVEMBER 3, 1998 REZONING FROM POC (PLANNED COMMERCE CENTER)TO CF (COMMUNITY FACILITIES) FOR A 2.11 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, APPROXIMATLEY 480' EAST OF CONGRESS AVENUE The proposal is to change the zoning designation for the Public Works Warehouse property from PCC to CF. The request is corrective in nature and will allow the governmental facility as a permitted use in the CF district. There is no development proposal associated with this request. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of October 19, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (McCarthy and Young absent) to recommend approval of the rezoning from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the rezoning from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: P& Z Staff Report and Documentation of October 19, 1998 ORDINANCE NO. 48-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELP~AY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE PUBLIC WORKS WAREHOUSE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND THE CSX RAILROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned PCC (Planned Commerce Center); and WHEREAS, at its meeting of October 19, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: The Easterly 240.49 feet, less the Southerly 500 feet, of Lot 20, Block I, DELRAY SHORES as recorded in Plat Book 24, Page 232, of the Public Records of Palm Beach County, Florida. The subject property is located at the southwest corner of Lake Ida Road and the CSX Railroad, approximately 480 feet east of Congress Avenue; containing 2.11 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 48-98 ', :-, ,, OSR P~D C~MUNITY LAKE ~ ~ PC ~LAZA N ~ - REZONING- PLANNING AND ZONING BOARD CITY OF DELRAY BEACH '. .... STAFF REPORT--- MEETING DATE: October 19, 1998 AGENDA ITEM: V.F. ITEM: Rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) for the City's Public Works Warehouse, Located on the South Side of Lake Ida Road, Approximately 480 feet East of Congress Avenue. GENERAL DATA: Owner/Applicant ................ City of Delray Beach, Florida David Harden, City Manager Location .............................. South side of Lake Ida Road, approximately 480 feet east of Congress Avenue Property Size ..................... 2.11 Acres Future Land Use Map ........ Commerce Current Zoning ................... PCC (Planned Commerce Center) Proposed Zoning ..............CF (Community Facilities) Adjacent Zoning ....... North: PCC East: MIC (Mixed Industrial & Commercial) South: CF West: PCC Existing Land Use .............. City storage facility Proposed Land Use ........ City initiated rezoning from PCC to CF of a City owned parcel, which is a more appropriate zoning designation. Water Service ................. N/A. Sewer Service ................. N/A. The item before the Board is that of making a recommendation to the City Commission on a City initiated rezoning of the City of Delray Beach Public Works Warehouse from PCC (Planned Commerce) Center to CF (Community Facilities), pursuant to Section 2.4.5(D). The subject property is located on the south side of Lake Ida Road, approximately 480 feet east of Congress Avenue. Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The 2.11 acre property is owned by the City and contains a Public Works warehouse. The warehouse was built when the property was under the jurisdiction of Palm Beach County, therefore no information with respect to the development of the parcel is available except for the land use actions. The properly was annexed into the City on September 25, 1972 via Ordinance #32-72 with an initial zoning of LI (Light Industrial). In 1977, the zoning was changed from LI to CC (Community Commercial). With the Citywide Rezoning associated with the approval of the Land Development Regulations in October, 1990, the parcel was rezoned from CC (Community Commercial) to PCC (Planned Commerce Center), along with the adjacent vacant land to the west. The proposal is to change the zoning designation of the property from PCC to CF. The request is corrective in nature and will allow the governmental facility (i.e. warehouse) as a permitted use in the CF district. There is no development proposal associated with this request. 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. P & Z Board Staff R Crt Rezoning from PCC to CF for the City's Public Works Warehouse Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Commerce and is currently zoned PCC (Planned Commerce Center). The proposed CF (Community Facilities) zoning is consistent with all land use designations shown on the Future Land Use Map. Pursuant to LDR Section 4.4.21(B)(1), within the CF zone district, governmental facilities such as a city warehouse are allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The rezoning is corrective in nature and is not to accommodate any specific development proposal. Therefore, there will be no impact on services with respect to water, sewer, traffic, solid waste, parks, drainage, or open space. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the no applicable objectives and policies are noted. Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is bordered on the north and west by PCC (Planned Commerce Center) zoning, to the south by CF (Community Facilities) zoning, and to the east across the CSX Railroad, MIC (Mixed Industrial and Commercial). The existing land uses are to the north Delray Park of Commerce; to the east and west vacant industrial parcels; and to the south a FPL substation. P & Z Board Staff R ,rt Rezoning from PCC to CF for the City's Public Works Warehouse Page 3 No compatibility concerns are noted, as there is no specific development proposal associated with this request. Section 2.4.5(D)(5) (Rezonin~t Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that. it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. It is not clear why the subject property has been zoned in the past for industrial (LI and PCC) or commercial (CC) purposes when the property contained a governmental facility. The site does not meet the minimum site area requirement of 10 acres for the PCC district. It is also not consistent with the purpose and intent of the PCC zoning which is to provide a mix of industrial, research and development, office and limited retail uses controlled through a Master Development Plan. The basis for which the rezoning should be granted is "a" and "c", as it appears that the zoning was originally established in error and that the requested zoning of CF is more appropriate for the property based upon the existing use and ownership of the property. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ~1 Lake Ida Homeowners Association ~ Rainberry Lakes Homeowners Association ~ Rainberry Bay Homeowners Association I;;3 Pines North Homeowners Association P & Z Board Staff R, .,rt Rezoning from PCC to CF for the City's PuMic Works Warehouse Page 4 Public Notice: " Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) is corrective in nature and is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings are made in the staff report with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). I A. Continue with direction. B. Recommend approval of the re~oning request from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from PCC to CF for the Public Works Warehouse, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. I Recommend to the Ci~ Commission approval of the rezoning from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Pedormance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: ~1 Location/Zoning Map