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02-13-96 Special/Workshop DELRA~B~ACH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION ~ AII-Ameri~Ci~ FIRST FLOOR CONFERENCE ROOM The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accom- modate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA (1) ~APPEAL OF ~ISTORIC PRESERVATION BOARD DECISION: Consider a request from the Leviathan Land Group for voluntary dismiss- al of the appeal to the Historic Preservation Board decision of December 20, 1995. (2) RESOLUTION NO. 14-96: Consider a resolution to allow the v~ommunity Redevelopment Agency to condemn certain property. (3) PURCHASE ORDER ADDITION TO HYDRO PUMPS INC.: Consider the purchase of vertical pumps for pump stations at Waterway Lane, Sea Sage Drive, and Beach Drive and Seaspray Avenue, in the amount of $54,413 from 448-5411-538-63.34, 63.35 and 63.37. Alison MacGregor Harry City Clerk WORKSHOP AGENDA 41) Annual Financial Report by Ernst and Young. ~2) Consider creation of a Museum in the Solomon D. Spady House. (3) Discussion on bid alternatives concerning solid waste collection. (4) Discussion relative to purchase of property at 200 S.E. 10th Street (U.S. Marshal's property). (5) Status report on Sandoway House Nature Center. (6) Comments and Inquiries on Non-Agenda Items. a. City Manager b. City Attorney c. City Commission ****************************************************************** 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. DELRA~ BEACH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accom- modate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA (1) ~PPEAL OF ~ISTORIC PRESERVATION BOARD DECISION: Consider a request from the Leviathan Land Group for voluntary dismiss- al of the appeal to the Historic Preservation Board decision of December 20, 1995. (2) RESOLUTION NO. 14-96: Consider a resolution to allow the ~ommunity Redevelopment Agency to condemn certain property. (3) PURCHASE ORDER ADDITION TO ~DRO PUMPS INC.: Consider the purchase of vertical pumps for pump stations at Waterway Lane, Sea Sage Drive, and Beach Drive and Seaspray Avenue, in the amount of $54,413 from 448-5411-538-63.34, 63.35 and Alison MacGregor Harry City Clerk WORKSHOP AGENDA (1) Annual ~inancial Report by Ernst and Young. (2) Consider creation of a Museum in the Solomon D. ~pady House. ~o (3) Discussion on ~)endiz~ ~id waste Au~ho~iL¥ coll=~a-i~n bid~ alternatives~ $o/,'~ ~h5 (4) Discussion relative to purchase of ~operty at 200 S.E. 10th Street (U.S. Marshal's property). (5) Status report on ~ndoway House Nature Center. (6) Comments and Inquiries on Non-Agenda Items. a. City Manager b. City Attorney c. City Commission 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. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS APPEAL OF HISTORIC PRESERVATION BOARD DECISION DATE: FEBRUARY 9, 1996 This is before the Commission to consider a request from the Leviathan Land Group for voluntary dismissal of their appeal from the Historic Preservation Board. At its meeting of December 20, 1995, the Board denied a Certificate of Appropriateness regarding the exterior renovation of two historic buildings located at 2 East Atlantic Avenue and 11 South Swinton Avenue. The HPB decision was that the proposed renovations did not meet the criteria for alterations to historic buildings, and did not enhance the historic character of the Old School Square complex. They cited incompatibility with the Historic Preservation Ordinance, the Land Development Regulations, the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Design Guidelines. The Board recommended that the applicant return with revised plans which would be compatible to the criteria for alterations to historic buildings. The applicant then appealed the decision. The appeal request was on the agenda for the Commission's January 23, 1996 meeting, but action was postponed with the Commission's recommendation that the item be referred back to the Historic Preservation Board for further consideration. The Board met again on February 7 and approved revised plans submitted by the applicant, who is now submitting a request for voluntary dismissal of the appeal. LAW OFFICES .~J~ANDEL, SIMOWITZ, WEISMAN, SCHERER & DIAZ, P.A. BOCA CORPORATE CENTER DAVID H. BRODIE 2101 CORPORATE BOULEVARD, SUITE 300 SOUTH FLORIDA TOLL FREE ROY A. DIAZ BOCA RATON, FL 33431 1-800-416-2249 DANIEL S. MANDEL TELEPHONE (407) 989-0300 MARJORtE S. MARGOLIES FAX (407) 989-0304 JENA E. RISSMAN KENNETH J. SCHERER SCOTT E. SIMOWITZ WILLIAM S. WEISMAN IRA L. YOUNG February 12, 1996 VIA FACSIMILE TRANSMISSION FAX NO. 243-3??4 Clerk of the City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 RE: Leviathan Land Group, Inc. Properties Located At: Z East Altantic Avenue and 11 South Swinton Avenue Delray Beach, Florida Appeal From Historic Preservation Board Decision of December Z0, 1995 Regarding Agenda Item IV-B, CO& 8-267 Denial of Proposal Dear Clerk: In connection with the above Appeal which was heard by the City Commission at its January, 1996 meeting, the vote was postponed until February 13, 1996. During that time, I am told that the Historic Preservation Board, at its February 7, 1996 meeting, approved the revised plans. That action renders the Appeal moot and upon reliance upon the advice from the Historic Preservation Board that the revised plans presented on behalf of the Leviathan Land Group, Inc. have been approved, we would request that this matter be taken off the Commission agenda for February 13, 1996. Should you have any questions, please feel free to contact us. Very truly yours, MANDEL, WITZ, WEISMAN, SCHERER & DIAZ, P.A. WSW/j r ~ CITY CLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~"I SUBJECT: AGENDA ITEM # ~. ~. MEETING OF JANUARY 23, 1996 APPEAL OF HISTORIC PRESERVATION BOARD DECISION DATE: JANUARY 19, 1996 This is before the Commission to consider an appeal of the Historic Preservation Board's denial of a Certificate of Appro- priateness (COA) regarding the exterior renovation of two historic buildings located at 2 East Atlantic Avenue and 11 South Swinton Avenue. The Historic Preservation Board considered this item on December 20, 1995, and voted unanimously to deny the COA. Previous to the HPB meeting, the proposal was reviewed by the Community Redevelopment Agency and the Downtown Development Authority in December of 1995. Both gave unanimous approval for the renovations. The HPB decision was that the proposed renovations do not meet the criteria for alterations to historic buildings, and do not enhance the historic character of the Old School Square complex. They cited incompatibility with the Historic Preservation Ordinance, LDR Section 4.5.1(E) (1) (2) (3) (4), the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Design Guidelines The Board recommended that the proposal be tabled to allow the applicant to return with revised plans which would be compatible to the criteria for alterations. This suggestion was unaccept- able to the applicant. The letter of appeal outlining the applicant's arguments for reversing the HPB decision is included with the background documentation. Recommend consideration of the appeal of the Historic Preserva- tion Board's denial of a Certificate of Appropriateness for the proposed exterior renovation of the two historic buildings at 2 East Atlantic Avenue and 11 South Swinton Avenue. CITY COMMISSION DOCUMENTATION TO: _. DAVID T...HARDEN, CITY MANAGER . THRU: ~ M~I~~, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 23, 1996 APPEAL OF AN HISTORIC PRESERVATION BOARD DENIAL OF A PROPOSAL TO RENOVATE THE EXTERIOR OF TWO HISTORIC STRUCTURES (2 EAST ATLANTIC AVENUE AND 11 SOUTH SWINTON AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is reversal of a specific action taken by the Historic Preservation Board regarding the exterior renovation of two historic buildings. The subject properties are located at 2 East Atlantic Avenue (The Haitian Art Center) and 11 South Swinton Avenue (directly to the south) at the southeast corner of Atlantic and Swinton Avenues in the Old School Square Historic District. BACKGROUND: The two story portion of 2 East Atlantic Avenue was constructed by the pioneer Rhoden family in 1910. It is the oldest building on Atlantic Avenue. 11 S. Swinton was constructed in 1925 as a single family residen(~e probably in a vernacular or modified bungalow style. The development proposal is to renovate the exterior of both historic buildings as follows: 2 East Atlantic Avenue. · Add four storefront windows at the ground floor level of the Swinton Avenue side of the two story portion of the building. City Commission Documentation Meeting of January 23, 1996 Review of HPB Action re: Leviathan Land Group, Inc. Page 2 · Removal of existing faux brick veneer. · Installation of faux rusticated stone veneer insulation board to be secured to the existing walls. · Attaching reinforced polystyrene and stucco bands, arch and keystones to ground floor windows and doors. · Installation of wood shutters and stucco bands on the second floor windows. · Installation of new sconce light fixtures and precast medallion accent features. tl South Swinton Avenue. · After the Installation new outer frame walls over the existing walls, the above renovation materials will be used for this structure in order to create a unified design for the two buildings. HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board considered this item at its meeting of December 20, 1995. The Board voted to deny the Certificate of Appropriateness 7 - 0. Previous to the HPB meeting, the proposal was reviewed by the CRA at its meeting of December 14, 1995, and the DDA Board at its meeting of December 20, 1995; both the CRA and the DDA gave unanimous approval for the renovations. It was the Historic Preservation Board's opinion that while the proposal is creative and imaginative, it does not meet the criteria for alterations to historic buildings. Nor does it enhance the historic character of the Old School Square complex, directly across the street. The Board was unable to make positive findings for the proposal for the following reasons: _, Incompatibility to the Historic Preservation Ordinance, LDR Section 4.5.1(E)(1)(2)(3)&(4). Paragraph (2) states that buildings shall only be altered in a manner that will preserve the historical and architectural character of the structure, site or district. Paragraph (4) states that an historic building or structure within an historic district shall be altered or otherwise changed in accordance with the Secretary_ of the Interior's Standards for Rehabilitation. City Commission Documentation Meeting of January 23, 1996 Review of HPB Action re: Leviathan Land Group, Inc. Page 3 · The Standards for Rehabilitation state that each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. Further, the historic character of a property shall be retained and preserved. · The Delray Beach Design Guidelines state that mixing types of materials, unless it is documented as original is inappropriate. Imitation brick and stone create an artificial look which is not recommended. A photo taken near the end of construction in 1910 clearly shows this building as a classic example of storefront vernacular. The architect for the project had a copy of the photo and was aware that the Board was guided by the above criteria when approving alterations. Additionally the Board felt that removing the faux brick "slipcovering" of the 1950s and replacing it with faux stone of the 1990s alters the building to a style that never existed. However, the Board did support the addition of the four store front windows beneath the second story of the Rhoden Building because exterior alterations to historic buildings are generally needed to assure its continued use. Alterations may include cutting new entrances or windows on secondary elevations. The Board recommended that the proposal be tabled to allow the applicant to return with revised plans which would be compatible to the criteria for alterations. This suggestion was unacceptable to the applicant. RECOMMENDED ACTION: [] Commission's discretion. Attachments: 1910 Construction photo Appropriate renovation for a vernacular storefront. Letter of Request HPB Staff Report of December 20, 1995 file planning/coa267ap RHODEN BUILDING, 2 EAST ATLANTIC. CONSTRUCTION PHOTO 1910 S OW TZ, & P.A. BOCA OOR~TE ~NTER DAVID H. BRODIE 2101 ¢ORPO~TE BOUL~ARD, SUITE 300 80UTN FLORIDA TOLL FREE DANIEL 8. MANDEL BO~ ~TON, FL 33431 - 1-800-416-2249 M~JORIE S. MARGOLIE8 TELEPHONE (407) 989-0300 JE~ E. RISS~N F~ (407) 989-0304 KENNETH J. SCHERER SCOW E. SIMO~TZ ~LLIAM S, ~ISMAN I~L. YOUNG December 27, 1995 Clerk of the city of Delray Beach ~ ~r-: .'~'.':':' '' 100 N.W. First Avenue ~ .......... "._iL ........... Delray Beach, FL 33444 · RE: Leviathan Lan4 ~roup, Inc. Properties Locate4 At: Z East Altantic Avenue an~ 11 South Swinton Avenue Delray Beach, Florida Appeal From Historic Preservation Board Decision of December 2~, 1995 Regarding Agenda Item IV-B, COA 8-267 Denial of Proposal Dear Clerk: This letter is written on behalf of Leviathan Land Group. The undersigned is an officer, director, shareholder and counsel for Leviathan Land Group. Leviathan Land Group is the Appellant in this case and the owner of the property whose requested renovation was denied by the Historic Preservation Board at its December 20, 1995 meeting. Leviathan Land Group is the owner of the property located at the corner of East.Atlantic Avenue and Swinton Avenue, which has an address of 2 East Atlantic Avenue, Delray Beach, Florida. Also, Leviathan Land Group, Inc. owns the neighboring property located at 11 South Swinton Avenue, Delray Beach, Florida. For your reference, a copy of the property located at 2 East Atlantic under construction in 1910 is attached hereto as Exhibit "A", a copy of the property located at 2 East Atlantic at the present time is attached hereto as Exhibit "B", a copy of the property at present located at 11 South Swinton is attached hereto as Exhibit "C", a copy of the rendering of our proposed renovation of the 2 East Atlantic property is attached hereto as Exhibit "D" and a copy of the rendering of our proposed renovation of the 11 South Swinton property is attached hereto as Exhibit "E". Obviously, it is Leviathan Land Group's intention to substantially upgrade and renovate these two properties. Our engineers, Kravit Archetictural of 1200 North Federal Highway, Suite 404, Boca Raton, Florida 33432, presented a proposal for the renovation to the appropriate city departments. The project was considered by three agencies. The proposal was reviewed by the CRA at its meeting of December 14, 1995. We have been informed that the CRA was LAW 0~ CES " )~NDF. L, ,~IA~O\VITZ, WF. ISMAN "~ ~%Ct-IF. RF.R, P.A. Page 2 Clerk of the city of Delray Beach December 27, 1995 extremely enthusiastic about the project and unanimously recommended it for approval and recommended that the Historic Preservation Board approve the project as presented. The DDA reviewed the project at its meeting of December 20, 1995. Notice was sent to the Old Square Homeowners' Association. We were advised that the DDA unanimously approved the project. The project was also considered by the Historical Preservation Board ("HPB") at its meeting on December 20, 1995. The staff comments prepared for the HPB meeting stated in part that our proposal was creative, imaginative and ~n4c~bte41y an improvement over what exists, but it did not meet the criteria for alterations to historic buildings. It was stated that its staff did not support, the project, but it recommended action by the Historic Preservation Board and that the Board consider the project and each of the buildings "in its discretion". At its meeting of December 20, 1995, the Board voted unanimously to reject each building, the building at 2 East Atlantic and at 11 SoUth Swinton separately. The Leviathan Land Group hereby appeals those decisions to the Delray City Commission. With respect to our Appeal, the Leviathan Land Group wishes to participate in the redevelopment of the East Atlantic Avenue corridor. With respect to the building at the corner of East Atlantic Avenue and Swinton Avenue, it is our intention to upgrade the building facade, thereby creating curb appeal and an upscale image that will attract professional business to the building. This upscale building will aid in the revitalization of a blighted area. We believe our proposed upgrades and renovations to this building will benefit the City and neighboring property owners far greater than Leviathan Land Group. It should also be emphasized that we at Leviathan Land Group are extremely concerned with historic preservation. Unlike the HPB, however, we have focused our time and energies with respect to historic preservations on worthwhile projects. Specifically, I am a member of the Board of Directors of the Friends of ~andoway House Nature Center, Inc. I am sure you know that this is non-profit organization dedicated to restoring the historic Sandoway House as a nature center. I have spent countless hours attempting to make the Sandoway House restoration a reality. Our architect, Mr. Kravit, has donated $10,000.00 worth of archetictural services towards this historic Sandoway Project. We are committed to preserving the 1936 Sandoway Home and its beautiful architectural value. Historical preservation is not lost upon us. What the HPB LAW OFFICES MANDEL, ,~IMOWITZ, WEISMAN ~ ,~CHERER, P.A. Page 3 Clerk of the City of Delray Beach December 27, 1995 refuses to admit is that Leviathan Land Group properties are not historic properties, but are merely old buildings. We believe that the HPB's rejection of our proposal is extremely misguided. The building at the corner of Swinton and East Atlantic does not, in our opinion, have any historic significance. Certainly, there is no historic significance to the building at ll S. Swinton Avenue. It is a fact that not all buildings built at that time in history are representations of good architecture, nor ' do they find a place on the National Register of historic places. Existing photographs of the 2 East Atlantic Avenue property confirm that certain aspects of the building are of a "modified, traditional storefront vernacular". The photographs show the building under construction and do not conclusively show finished design elements. It is impossible to say that this building has any historic significance, other than the fact that it is an old building, perhaps the oldest downtown building. Many old buildings are torn down and renovated and, for numerous reasons, are not considered historically significant. Historically significant buildings need to be so by the significance of an historic event, i.e., George Washington slept here or architectural classification and outstanding adherence to such classifications. While it is agreed that this is an old building and it certainly falls within the established historic district, the building in and of itself is not historically significant, either through a historical event or architectural classification. The establishment of a "historic district" is a viable asset to any community. The problems with such districts become evident when the members of Historic Preservation Boards arbitrarily classify all structures within that district as "historically significant". Since not all buildings are historic, by classifying non-historical buildings as historic, creates a "theme district". The exterior renovation proposed by Leviathan Land Group is of a "colonial mediterrian" style. This style is historically recognized and presents the upscale appearance we require to attract professional businesses. As it stands today,-the buildings have had several additions, alterations of both minor and major proportions. In fact, the majority of both structures may be historically significant to a later era. The building at 2 East Atlantic Avenue exhibits elements of the "vernacular", "mission", and "international" styles. Therefore, we, and we believe other members of the community who are knowledgeable in "historically significant buildings", are of the opinion that these buildings are not historically significant. I do not think that there is any dispute that the building at 11 South Swinton is not historically significant. As new owners of the property, we wish to upgrade LAW OFFICES MANDEL, 51MOWITZ, WEISMAN r~ .~CHEREI~, P.A. " Page 4 Clerk of the City of Delray Beach December 27, 1995 same and we believe that it clearly benefits the City to have these properties upgraded. We should further mention that we own additional properties, including those located at: 8 N.W. let Street, 45 N.W. let Avenue and 22 S.E. let Avenue. While we wish to improve those properties, as well, if the Commission does not reverse the Mistoric Preservation Board's decision on this project, our incentive to participate in the redevelopment and spend additional upfront dollars without assurances of approvals of the downtown area will obviously be greatly diminished. The relief that we seek is the reversal of the Mistoric Preservation Board's denial of Agenda Item No: 4-B and approval of the renovations of the 2 East Atlantic and 11 South Swinton properties. Alternatively, we seek approval to only renovate the 2 South Swinton property. This, of course, is in accordance with the DDA and CRA recommendations and according to Mistoric Preservation Board Staff comments, our project is creative, imaginative and undoubtedly an improvement over what currently exists. Approval by the Commission will constructively add to the ambiance and economic base of the East Atlantic corridor. That is what we were u~der the impression when we purchased properties in Delray Beach~at this~ission was interest in achieving. Very trul~f;~rs, /_ William F' VWeisman WSW/jr Encs. cc: Michael Kravit, Architect Steven Cohen, Esquire Paul Heimburg, Esquire Roger Taylor - LAW OFFICES MANDEL, .%IA4OVVITZ, WEISMAN r-~ .%CHERER, P.A. , I EXHIBIT, '% ,~ ~ EXHIBIT STAFF REPORT HISTORIC PRESERVATION BOARD MEETING DECEMBER 20, 1995 AGENDA ITEM IV-B COA 8-267 2 East Atlantic Avenue and 11 South Swinton Avenue Contributing Commercial Buildings, Old School Square Historic Distdct Leviathan Land Group, Inc., Owner. Michael J. Kravit, Applicant and Authorized Agent. ITEM BEFORE THE BOARD The action requested of the Board is that of approval of COA 8-267 for extedor renovation to two contributing buildings, 2 East Atlantic Avenue and 11 S. Swinton Ave, located at the southeast corner of Atlantic and Swinton Avenues. BACKGROUND 2 East Atlantic Avenue (The Rhoden Building) Constructed in 1910 by the pioneering Rhoden family, the building served as a grocery and general store. The family lived in the apartment above the store. Built in the vernacular style, with the added feature of a covered balcony on the second floor. It is the oldest building remaining on Atlantic Avenue. · 11 South Swinton Built in 1925 as a single family residence probably in a vernacular or modified bungalow style. ANALYSIS OF THE PROPOSAL Both buildings will remain commercial. A residential rental apartment on the second floor of the Rhoden building will remain. The applicant is proposing the following renovations: 2 East Atlantic Avenue Addition of four storefront windows at ground floor level, on the west side of the two story portion of the building. COA 267 HPB Meeting December 20, 1995 Page 2 North and west elevations of the building are to receive new facades c~ompdsing the following steps: · Removal of existing bdck veneer and faux pilasters. · Installation of rusticated base using "Dryvit" system with insulation board secured to the existing wall. · The addition of reinforced polystyrene and stucco bands, arch and keystones · ' at ground floor window and door areas. · The addition of wood shutters and stucco bands on the second floor windows. · The removal of clay tile features on the parapet. The jogs at the top of the parapet will be infilled. A new parapet cornice will be added. · The addition of new sconce light fixtures (not detailed on the plan) and precast medallion accent features. · Provide new milled wood sign backboards secured to the building faces. The backboards will accommodate new stand-off lettering for tenants as required. ( For clarification of the above a presentation board with samples will be available at 'the meeting) 11 South Swinton Avenue Stabilization of existing exterior frame walls through the addition of new outer frame walls secured over existing construction. The removal (demolition) of a mechanical room addition from the southeast (rear) corner of the building. This removal will restore the structure to its original configuration. All elevations of the building will receive new facades as follows: · Removal of existing brick veneer and faux pilasters from west facade. · Installation of rusticated base using "Dryvit" system with insulation board secured to new outer flame walls on all four facades. · The addition of wood shutters and stucco bands on main windows. COA 267 HPB Meeting December 20, 1995 Page 3 · The removal of existing roof overhang and addition of new roof parapet around the four sides of the building and addition of a new parapet cornice. · The addition of new sconce light fixtures (details not on plan) and precast medallion accent features. · Provide new milled wood sign backboards secured to the west building face and backboard to receive new stand-off lettering for tenant as required. The applicant will return for approval for upgrading the parking lot; dumpster enclosure; and landscaping improvements. Additionally, the signs have not been approved by the Building Department and the applicant will return to the HPB for final sign approval. The exterior paint colors are brown, two shades of light beige, and dark green. Color samples will be available at the meeting. STAFF COMMENTS While the proposal is creative and imaginative, and is undoubtedly an improvement over what exists, it does not meet the criteria for alterations to historic buildings. Nor does it enhance the historic character of the Old School Square complex, directly across the street. Staff cannot support this renovation for the following reasons: _- Incompatibility to the Historic Preservation Ordinance, LDR Section 4.5.1(E)(1)(2)(3)&(4). Paragraph (2) states that buildings shall only be altered in a manner that will preserve the historical and architectural character of the structure, site or district. Paragraph (4) states that an historic building or structure within an historic district shall be altered or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation. · The Standards for Rehabilitation state that each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. Further, the historic character of a property shall be retained and preserved. · The Delray Beach Desig.n Guidelines state that mixing types of materials, unless it is documented as original is inappropriate. Imitation brick and stone create an artificial look which is not recommended. COA 267 {'"' ~'"' HPB Meeting December 20, 1995 Page 4 A photo taken near the end of construction in 1910 clearly shows this b.uilding as a classic example of store front vernacular. It has tall windows, recessed doors and a plain exterior. A covered balcony with wood post and railing guard (the photo shows the construction balustrade) served as a porch for the upstairs apartment. The architect for the project has a copy of the photo and is aware that staff support would not be forthcoming, for the reasons stated above. Removing the faux brick "slipcovering" of the 1950s and replacing it with faux stone of the 1990s alters the building to a style that never existed. The effect of the proposed renovation with the rusticated stone, ceramic tile, stucco bands and multiple arches creates the sense of a Renaissance building in Florence or Genoa. However, staff does support the addition of the four store front windows beneath the second stow of the Rhoden Building because extedor alterations to historic buildings are generally needed to assure its continued use. Alterations may include cutting new entrances or windows on secondary elevations. COMMENTS I~Y OTHERS This proposal was reviewed by the CRA at its meeting of December 14, 1995. The CRA was extremely enthusiastic about the project and unanimously recommend tl~e HPB approve it as presented. The DDA will review, the project at its meeting of December 20, 1995. A Courtesy Notice was sent to the Old School Square Homeowners Association. Comments and recommendations will be presented at the meeting. ALTERNATIVE ACTION 1. Continue with direction. 2. Deny COA 8-267, with reasons stated. 3. Approve COA 8-267 as presented based upon positive findings to LDR Section 4.5.1(E) and the Design Guidelines, with the following conditions: · That the applicant return {~0r approval of parking lot and landscape improvements; and final sign approval. RECOMMENDED ACTION Board's Discretion. I Itl l~l Il I~1 l~ I I I. I I----19 II 19 '11~ I1~1/ ~LL N.W. 2ND AVE. N.E. ,. 2NO ST. [ NJ IST ATLANTIC AVENUE S.W. 1ST ST. S.[ IST ST. ~W. 2NI SI ~E. 2NO SI ~ HAITIAN ART BUILDING PLANt,NC NORTH ELEVATIF]N OF HAITIAN ART BUILDING WEST ELEVATION OF HAITIAN ART BUILDING SOUTH EAST ELEVATION OF HAITIAN ART BUILDING SOUTH WEST ELEVATION OF HAITIAN ART BUILDING WEST ELEVATION OF HOUSE SOUTH WEST ELEVATION OF HOUSE EAST ELEVATION FIF HOUSE NDRTH ELEVATION BF HBUSE INDEX 1. Future Land Use Element 2. Section 4.5.1(E) of Land Development Regulations of Delray Beach, Florida 3. Design Guidelines for Historic Places, Delray Beach, Florida 4. Secretary of the Interior, Standards for Rehabilitation Policy C-2.4 The following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The ~~:l~t' P~og~am should conta~i'n, at i~t~ t~e following elements: · redevelopment and enhancement of the Atlantic Avenue business corridor/district; · increasing housing opportunities on vacant lots; · establishment of a Minority Business Enterprise (MBE) program that would involve many community residents in working toward entrepreneurship in the redevelopment effort · continuation of the East Atlantic streetscape theme westerly to 1-95. O__bjective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. 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 rehabilitations · elimination of side yard setback requirements allow structural overhang encroachments into required yard areas [LDR's Section 4.4.13] Future Land Use Element GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRAY BEACH. (E) Development Standards: (1) For the purpose of this Section, exterior architectural features will include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) The following shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Buildings, structures, and appurtenances. (b) "APPURTENANCES" includes, but is not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, and signs. (3) In considering proposals for alterations to the exterior of historic buildings and structures and in applying developer 'a~:d preservation standards,,the documented, original deSigfl of the. building may be considered,' among, Other factors~ (4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. DESIGN GUIDELINES FOR HISTORIC PLACES THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION INDEX 1. Future Land Use Element 2. Section 4.5.1(E) of Land Development Regulations of Delray Beach, Florida 3. Design Guidelines for Historic Places, Delray Beach, Florida 4. Secretary of the Interior, Standards for Rehabilitation Policy C-2.4 The following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The redevelopment program should contain, at least, the following elements: · redevelopment and enhancement of the Atlantic Avenue business corridor/district; · increasing housing opportunities on vacant lots; · establishment of a Minority Business Enterprise (MBE) program that would involve many community residents in working toward entrepreneurship in the redevelopment effort · continuation, of the East Atlantic streetscape theme westerly tO O__bjective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea" The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this objective. 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 deve~,~0~ent and rehabilitations · elimination of side yard setback requirements allow structural overhang encroachments into required yard areas [LDR's Section 4.4.13] Future Land Use Element GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRAY BEACH. (E) Development Standards: (1) For the purpose of this Section, exterior architectural features will include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) The following shall only be moved, reconstructed, altered, or maintained, in accorda'nce with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Buildings, structures, and appurtenances. (b) "APPURTENANCES" includes, but is not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, and signs. (3) In considering proposals for alterations to the exterior of historic buildings and structures and in applying devel~nt and preservation standards,.the documented, original ~eS~" ~'~'~ bu.iXdX~g may 'be' cgns~eredF amgn~I other fact6rs.~ (4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. o DESIGN GUIDELINES FOR HISTORIC PLACES THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION Writer's Direct Line: (407) 243-7091 lll.lmedca Citl MrEMORANDU1VI DATE: February 12, 1996 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Request from the City of Delray Beach Community Redevelopment Agency to Acquire Certain Pieces of Property Situated in Block 77, Town of Delray by Gift. Purchase. or Eminent Domain The attached information, which our office obtained this afternoon, is being provided to you as additional backup materials for the above-referenced item that is currently scheduled before the City Commission on February 13, 1996. Attachments cc: Alison MacGregor Harty, City Clerk RESOLUTION NO. 14-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1)(e)(2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested by Resolution No. 96-1 adopted by the Delray Beach Community Redevelopment Agency to authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property described therein; and WHEREAS, Section 163.370(1)(e)(2), Florida Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: Lots 1, 2, 3, 8 and 9, Block 77, TOWN OF DELRAY, according to the Plat thereof as shown in Plat Book 1, Page 3, of the Official Records of Palm Beach County, Florida. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in special session on this the 13th day of February, 1996. ATTEST: City ClerW / - 2 - Res. No. 14-96 Community Redevelopment i~l,~ Agency ~ Delray Beach MEMO TO: Susan Ruby,_Ci?-~ey FROM: Chris Brow~ DATE: February 9, 1996 RE: Resolution to Acquire Executive Mall Property on Block 77 Susan: The CRA Board of Commissioners unanimously approved, at their meeting of February 8, 1996, Resolution 96-1 requesting City Commission to authorize the CRA to acquire properties on Block 77 as described in the resolution. Enclosed is a copy of Resolution 96-1. Also enclosed is the resolution for City Commission's approval to authorize the CRA to acquire the above-mentioned parcels. We would appreciate your putting this item on a Special Meeting agenda of the City Commission for February 13, 1996. Thank you. 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 SPINNER DITTMAN, FEDERSPIEL & DOWLING 501 ~ ATt. ANTIC AVENUE ROBERT A. DITTNIAN DELP. AY BF.,ACH, FLORIDA 33483 DONALD C. DOWLING TEL.E:COPIER (407) 276-54~, ROBERT W. FEDERSPIEI-. P.A. ,,JOHN W. SPINNER TEI,.[PHON£ (40'7) 276-2900 February 12, 1996 Susan Ruby, Esq. City Attorney City of Delray Beach 200 N.W. 1st Avenue Delray Beach, FL 33444 RE: Request from the City of Delray Beach Community Redevelopment Agency ("CRA") to Acquire Certain Pieces of Property Situated in Block 77, Town of Delray by Gift, Purchase, or Eminent Domain Dear Susan: I am herein forwarding to you Resolution 96-1 of the CRA, passed by unanimous vote of the Board of Commissioners on February 8, 1996, requesting the action by City Commission. The properties to be acquired by gift, purchase, or eminent domain are described in the enclosed resolution pursuant to the Community Redevelopment Plan. Bill Doney will be available at the City Commission meeting to answer any questions. Thank you for your consideration. Sincerely, ROBERT W. FEDERSPIEL, P.A. Robert W. Federspiel RWF: kp Enc. CITY OF DELRAY BEECH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE, OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED; FINDING TEET SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH COMMUNITY REDEVELOPMENT PLANS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Comunity Redevelopment Plan f~rthe area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, the Community Redevelopment Agency has established goals and objectives with respect to the revitalization of the downtown business district and the encouragement of new commercial activities within the community redevelopment area; and WSEREAS, one of the projects set forth in the Community Redevelopment Plan is the Downtown Mixed Use Redevelopment Project, such project as set forth in the Community Redevelopment Plan, encompassing those properties lying within Block 77, TOWN OF DELRAY, according to Plat Book l, Page 33 as more particularly described hereinafter in this Resolution; and WHEREAS, a component 'of the above-described project is the acquisition of lands neCessarY to facilitate said redevelopment project; and WHEREAS',. the Community Redevelopment Agency has determined that it is in the public's interest to proceed with the acquisition of the properties hereinafter described by gift, purchase or eminent domain and pursuant to Chapter 163 Part III, Section 163.330, et. seq. Fla. Stat., (the "Community Redevelopment Act of 1969"), 'and it is appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it determines it is necessary for said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED BY TRE BOARD OF COMMISSIONERS OF THE DELRAY BEACH REDEVELOPM~NT AGENCY THAT: Section 1. The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following parcels of real property legally described as follows: Lots 1, 2, 3, 8, and 9, Block 77, Town of Delray according to the plat thereof as shown in Plat Book 1, page 3 of the Official Records of Palm Beach County, Florida. by gift, purchase or eminent domain as described in Chapter 163, Part III, Section 163.330, et. seq., Fla. Stat., (the "Community Redevelopment Act of 1969") and Chapters 73 and 74, Fla. Stat. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said property following delegation of the above- described power of eminent domain by gift, purchase or eminent domain. Section 2. The Board of Commissioners of the Community Redevelopment Agency hereby determines that it is necessary to acquire the property described above pursuant to its Community Redevelopment Plan and more particularly the Downtown Mixed Use Redevelopment Project as contained therein. Section 3. This Resolution shall take effect immediately upon passage. , PASSED AND ADOPTED this ~ day of r~-~5~u~f~L~ , / 1996. COMMUNITY REDEVELOPMENT AGENCY The City of Delray Beach Com rn u n ity Redevelopment Plan Amended by City Ordinance No. 48-95 September $, 1995 The City of Delray Beach Community Redevelopment Agency properties lying within the defined project area, the providing of additional structure or surface parking, as well as additional infrastructure as required. Project Participants and Administration The project will be administered and coordinated by the CRA o Other participants may include, but are not limited to, the City of Delray Beach, DDA, Atlantic Avenue Association, Parking Management Team, one or more Major Tenants and the Project Developer. Fundinq sources o The CRA, and others as appropriate, shall provide the funding for Phase One of the project. o Funding sources for Phase Two shall be provided by the CRA and others as appropriate. o Funding sources for Phases Three and Four shall be provided by the developer selected for the project, the City of Delray Beach, CRA, DDA, and others as appropriate. Project Schedule o Phase 1 began in FY 1992/1993 o Phase Two will commence FY1994/1995. o Phase Three shall commence on the completion of Phase Two and the determination of feasibility for proceeding. o The schedule for Phase Four will be determined upon the completion of Phase Three. o The Phases set forth above are illustrative only and may be combined with one another as the circumstances dictate. # 2.4: 'Downtown Mixed Use Redevelopment Project" Background Since its creation, the Community Redevelopment Agency has consistently made efforts to attract new businesses into Downtown Delray Beach. The economic importance of the Downtown and the need for major attractions and nighttime activity generators was well recognized in the 1986 Community Redevelopment Plan. The City, also realizing the importance of the CBD as a vital and competitive commercial marketplace, has included several policies in its Comprehensive Plan toward achieving that end. Blocks 77 and 85, located south of Atlantic Avenue, are situated between the F.E.C. Railroad tracks and S.E. 1st Avenue. The CRA began to plan acquisition of these blocks in 1991' for the purpose of locating a major cinema operator and mixed retail uses in the downtown area. This location was chosen because all the property was divided among only four owners on Block 77 and two owners on Block 85 (one of which is the City of Delray Beach). Additionally, large portions of the two blocks were undeveloped and the major property holding on Block 85 was in foreclosure. The situation changed in 1993 when a new 10-plex cinema was constructed at the Delray Mall, causing interest in a downtown cinema to fade. The CRA reevaluated the project and decided to proceed with property acquisition under the assumption that it could assemble the property and attract a developer interested in constructing a mixed-use project at the location. The CRA acquired the major parcel on Block 85, fronting Atlantic Avenue in December 1993 and additional vacant property in the rear in 1994. In early 1995, the CRA amended its strategy since developer interest in a large scale mixed-use project had not yet materialized. As part of this new strategy, 4.13 the CRA decided to solicit RFP's and offer its current property holdings on Block 85 for sale or lease. It is anticipated that redevelopment of these holdings along with planned redevelopment of the nearby Ocean City Lumber property will increase developer interest in a larger scale mixed-use project in this location. The CRA will continue to acquire additional property and to market this concept. Pro_iect Objectives o Provide economic stimulation and investment in the CBD. o Improve marketability of the retail core. o Increase nighttime activity in the downtown Provide housing opportunities in the downtown area Eliminate slum and blighted conditions Pro!ect Description o Development of a mixed-use redevelopment project. o Project to be located within the Central Business District within Blocks #77 & 85. Phase One of the project may include, but is not limited to, land acquisitions (refer to Appendix 'D" for Land Acquisition Map), construction of building and site improvements, the solicitation of RFP's fi.om potential buyers or tenants and sale or lease of some or ail CRA property holdings on Block 85. o Phase Two may include but not be limited to the solicitation of RFP's fi.om private developers, selection of project developers, design of the project, project economic feasibility studies, advertisement for disposition of any additional property to be acquired by the CRA for the implementation and construction of the project. Phase Three would include but not be limited to the implementation of project development including any remaining property acquisitions and disposition of property required for the project participation and the construction of the project and other matters. Phase Four may include the construction or expansion of structures, the providing of additional structure or surface parking, as well as additional infrastructure as required. To attract major buyers, tenants and developers, the CRA may offer incentives (e.g. provision of parking and off-site infrastructure, financing packages, rent subsidies and sale or lease of land below market value). Prolect Participants and Administration o The project will be administered and coordinated by the CRA o Other participants may include, but are not limited to, the City of Delray Beach, DDA, the Chamber of Commerce, the Council of 100, Parking Management Team, Major Tenant(s) or Purchasers. and the Project Developer. Funding Sources The CRA and others, as appropriate, shall provide the funding for Phases One and Two of the project. Funding sources for Phases Three and Four shall be provided by the developer selected for the project, the City of Delray Beach, CRA, DDA, and others as appropriate. pro!ect Schedule The CRA acquired some of the block 85 properties in FY 1993/1994 o Sale or lease of some or ail CRA property holdings on Block 85 in 1994/1995 o Phase Two will commence FY1994/1995. o Phase Three shall commence on the completion of Phase Two and the determination of feasibility 4.14 for proceeding. The schedule for Phase Four will be determined upon the completion of Phase Three. The Phases set forth above are illustrative only and may be combined with one another as the circumstances dictate, # 2.5: 'Block #76 & ~ Redevelopment" Background These blocks, located between N.E. 1st. Avenue and the FEC Railroad, between Atlantic Avenue and N.E. I st. Street, are adjacent to the Old School Square Cultural AJ'ts Center. This location makes this a principal area to take advantage of spin-off activity generated by the Center. Both blocks contain structures in deteriorated condition and uses which have a blighting influence on the surTounding area and are inconsistent with the ultimate goals and proposed image for the Pineapple Grove Neighborhood. The primary land use in Block #84 is the former home of the now defunct Ocean City Lumber Company. This property was purchased at an RTC auction in 1992 and is now planned for redevelopment by a private developer. A major obstacle to this 'Ocean City Redevelopment' project is the lack of adequate parking in the immediate area. Since this is also a problem for Old School Square, the CRA decided to make this the major focus of its redevelopment effort within these two blocks. With this goal in mind, the Agency began its program with the purchase of another former Ocean City Lumber property offered at the RTC auction in 1992. This I~operty is located in Block//76, which is ideally situated between Old School Square and the Ocean City Lumber Redevelopment Project (Block #84). In order to provide adequate parking for the area, the CRA plans to purchase additional property within Block #76, including the Pierce 3qre property. It should also be noted, that this is one of the few locations which may take advantage of $500,000 of redevelopment seed money available under the Decade of Excellence Bond. In fact, the City has already allocated some of this seed money to reimburse the CRA for its prior purchase of the Ocean City Lumber property. The CRA has requested that the City allocate the remainder of these funds as necessary for the additional land purchases. Project Objectives Eliminate the blighting influences within these blocks o Redevelop the blocks to take advantage of its prime location within the downtown area adjacent to Old School Square o Increase the economic vitality of the CBD through the attraction of new businesses o Provide parking for adjacent development and redevelopment Pro!ect Description Construction of a parking lot to meet the needs of adjacent uses including Old School Square and the Ocean City Lumber Redevelopment Project. The parking lot constructed on the project may be a municipal lot entirely for public use, may be sold or leased to private entities or may be a combination of both. Private users located in the Redevelopment Project may make arrangements to pay the CRA or other public or private entity a fee to lease or purchase enough parking spaces to meet City parking requirements for their use. o In addition to providing parking the CRA may offer other incentives to facilitate the redevelopment effort o One or more redevelopment projects located within this two block area which are compatible with Old School Square in theme (i.e., arts, crafts, cultural and entertainment). o Strong Pedestrian linkages to Old School Square, the downtown and the Pineapple Grove 4.15 Property Acquisition Map Downtown Mixed-Use Redevelopment ~ i i ! F_.a~t Atlantic Avenu~ i ~-~~"~ ' '~"~ 4i 7 SE 1st Street ~ I II , , /---- A. 12-43-46-16-01-077-0010 Lois 1, 2, 3, $ & 9, Block 77. Town of I..inton B. 12.-43-46-16-01-077-0040 LoLs 4 to 6 & LoLs 7 & 13 (Less N. 16 FL Road R/V~, Block 77, Town of L.inton C. 12-43-46-16-01-077-0140 Lol 14&N. 65.2 FL of Lo! 16. Bloc~ 77, Town of Union D. 12-43-46-16-01-085-0011 Lot 1 (Less S. 79.3 FI.). Bloc~ 85, Town of Union E. 12--43-.45-16-01-085--0060 S. 79.3 FL of Lol 1, Block 85, Town of Union REQUEST FOR PROPOSALS FOR THE PURCHASE, LEASE, OR JOINT VENTURE OF COMMERCIAL PROPERTIES TO BE ACQUIRED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH, FLORIDA FEBRUARY 8, 1996 Request for Proposals The Community Redevelopment Agency of the City of Delray Beach ("CRA") hereby requests redevelopment proposals from interested parties for the purchase, lease, or joint venture of commercial properties to be acquired by the CRA. The properties include several fronting on East Atlantic Avenue and several fronting on SE 1st Avenue and SE 2nd Avenue in Delray Beach, FL. The properties consist of both vacant land and commercial buildings, one of which is unoccupied. The properties described in Paragraph A, Numbers 1 through 8 inclusive, are being offered for disposition as an entire set. The proposer, as an alternative, may include the parcels described in Paragraph A, Numbers 9 and 10. The CRA and the City each own only one property in the set. This Request for Proposal is being published pursuant to its powers under Florida Statutes Chapter 163, Part HI, The Community Redevelopment Act of 1969, as amended. Based upon a proposal acceptable to the CRA pursuant to this Request resulting in a negotiated contract with a successful proposer, the CRA intends to acquire such parcels as described in this Request which the successful proposer would not currently own in order to effectuate the redevelopment of. the subject property pursuant to such successful proposal. The specific properties that comprise the redevelopment area are listed below: A. Location & Legal Description: 1. Address: 110 East Atlantic Avenue Legal Description: Block 77, Lots 1, 2, 3, 8 and 9, Town of Delray Property Control No.: 12-43-46-16-01-077-0010 2. Address: East Atlantic Avenue Legal Description: Block 77, Lots 4 to 6 and Lots 7 and 13 (less the North 16 feet for road right-of-way), Town of Delray Property Control No.: 12-43-46-16-01-077-0040 3. Address: 33 SE 1st Avenue Legal Description: Block 77, LOt 10 and the North 50.5 feet of LOt 11, Town of Delray Property Control No.: 12-43-46-16-01-077-0100 4. Address: 101 SE 1st Street Legal Description: Block 77, the South 24.2 feet of LOt 11 and Lot 12, Town of Delray Property Control No.: 12-43-46-16-01-077-0112 5. Address: SE 2nd Avenue (Vacant Lot) Legal Description: Block 77, Lot 14 and the North 65.2 feet of LOt 15, Town of Delray Property Control No.: 12-43-46-16-01-077-0140 -2- 6. Address: 32 SE 2nd Avenue Legal Description: Block ??, the South 9.$ feet of Lot 15 and Lot 16, Town of Delray Property Control No.: 12-43-46-16-01-077-0152 7. Address: 34 & 36 SE 2nd Avenue Legal Description: Block 77, Lot 17, Town of Delray Property Control No.: 12-43-46-16-01-072-0170 8. Address: 44 SE 2nd Avenue Legal Description: Block 77, Lot 18, Town of Delray Property Control No.: 12-43-46-16-01-077-0180 9. Address: SE 1st Avenue at SE 1st Street (Vacant Lot) Legal Description: Block 78, Lot 1, Town of Delray Property Control No.: 12-43-46-16-01-078-0010 10. Address: SE 2nd Avenue at SE 1st Street (Vacant LOt) Legal Description: Block 78, the North 69.5 feet of Lot 9, Town of Delray Property Control No.: 12-43-46-16-01-078-0090 Please note that the above listed properties include eight (8) parcels of land in Block 77 and two (2) parcels of land in Block 78. Depending upon the development proposal, the CRA may request that the City abandon the alleyways within the project; however, no assurance of such abandonment may be given. Prior to entering into a contract for purchase, lease, or joint venture of any of the above parcels, the CRA will provide the exact legal description of each parcel. B. Land Use Regulations Pursuant to City of Delray Beach Land Development Regulations, use of the property space is limited to those uses permitted in the CBD (also known as "Central Business District"). A copy of the permitted uses is included with this RFP. C. CRA Redevelopment Plan The Redevelopment Project pursuant to this Request for Proposals is described in the CRA Redevelopment Plan, a full copy of which is available at the offices of the Agency. The CRA is in the process of amending such Plan to provide certain modifications to the Redevelopment Project to accommodate various aspects of the proposals requested hereunder. -3- D. Aerial Photograph & Site Plan of Redevelopment Area Enclosed is a site plan of Block 77 and part of Block 78. Please note that the dimensions are approximate. Aerial photographs are available upon request at a cost of $25.00 each. E. Survey The CRA will provide a survey of the properties in the redevelopment area after entering in~o a contract with the successful proposer. F. Environmental Audit The CRA will provide a copy of a Phase I environmental audit of the properties being offered for redevelopment after entering into a contract with the successful proposer. G. Bid Bond The proposer must submit with his proposal a Bid Bond from an acceptable surety, a cash sum represented by a Cashier's Check, or an irrevocable letter of credit in favor of the CRA in an amount equal to twenty-five thousand dollars ($25,000). In the event a proposer is selected to negotiate a contract with the CRA, the proposer will be required to submit an additional bid bond, cashier's check, or letter of credit in favor of the CRA in an amount equal to twenty-five thousand dollars ($25,000). The bid bond will be returned after one hundred twenty (120) days from the date of delivery, as stated in Paragraph M, to any proposer who has not been selected to negotiate a contract with the CRA during that period or with any proposer with whom any negotiations have been terminated. H. Deposit The contract for purchase, lease, or joint venture between the CRA and the successful proposer will require a deposit at the time of execution of an agreement equal to ten percent (10%) of the appraised land value of the properties included in the redevelopment project. I. Purchasing, Leasing or Joint Venture Alternatives The proposer may propose to secure an interest in the properties included in the redevelopment project area either by means of a purchase, a land lease, or a joint venture. J. Property to be Considered The property to be considered in a proposal must include those parcels described in Paragraph A, Numbers 1 through 8, including buildings and vacant land as described -4- herein. The proposer may add to its proposal the inclusion of additional properties in Block 78 as described in Paragraph A, Numbers 9 and 10. K. Submission Requirement 1. The proposer must state who would bear the cost of demolition of the existing structures and provide justification for retaining any existing structure that the proposer intends to save. 2. The proposer must state the anticipated use of the proposed redevelopment project. The uses must be currently permissible under the City of Delray Beach Land Development Regulations and, in particular, under the Central Business District zoning district's regulations. 3. If the proposer anticipates that greater than 50% use of the project will be residential, then the proposer must submit a market study justifying the feasibility of such use. The study must be performed by a professional engaged in the business of real estate market research and/or commercial real estate appraising. If an appraiser is utilized, then he or she must be licensed by the State of Florida. The study must include the anticipated absorption rate for the project, the anticipated mix of unit types, the projected rent (in case of a rental project), or the projected sales price (in case of a for-sale project). If accessory uses include retail and/or office, then the market study should address the feasibility of including the accessory uses. 4. If the proposer anticipates that greater than 50% use of the project will be office, retail, or a mix of both, then the proposer must show that at least fifty percent (50%) of the project is preleased to financially sound tenants, evidenced in the proposal by bona fide letters of intent signed by interested tenants. The bona fide Letter of Intent is intended to be a third party, arm's length, non-binding Letter of Intent specifying the resonable conditions under which parties would intend to consummate a lease. The proposer may elect to include a market study stating the feasibility of the project. The study must be performed by a professional engaged in the business of real estate market research. Please note that a market study will not replace the requirement for letters of intent. 5. The proposer must submit a site plan of the proposed redevelopment project at a scale of one inch equals thirty feet (1" = 30'). The site plan should include, as a minimum, the location of proposed buildings and existing buildings if the latter are to remain part of the project. Parking, walkways and major landscaping features should be illustrated. If the project is to be built in phases, then a site plan should be submitted for each phase. -5- 6. The proposer must submit floor plans of the proposed buildings and existing buildings if the latter are to remain part of the project. At least two architectural elevations must be submitted of the proposed buildings, one fronting Atlantic Avenue and one fronting SE 2nd Avenue. The floor plans and elevations should be drawn at a scale of one inch equals eight feet (1" = 8'). 7. The proposer must state the proposed terms and conditions of the purchase, lease, or joint venture including the terms of payment, closing date, and any conditions, coi~tingencies, and additional requirements. The proposer should specify any other proposed financial arrangements with the CRA or City such as allocation of infrastructure costs, loans, credit enhancements, or other. The proposer should demonstrate how the acquisition, joint venture, and/or any other financing arrangement provides a fair return of and on the CRA's equity in land and any other proposed investment by the CRA. A lease, if proposed, must describe the terms and extent to which a lease would be subordinated, if at all, to the proposer's financing. 8. The proposer must submit a time schedule for completion of renovations, if any, new building construction, if any, and on-site parking. If the project is to be redeveloped in phases, then the time schedule should reflect the phases. 9. The proposer must submit a total project cost analysis stating, by category, the major elements of the redevelopment and respective costs. The major cost items shall include, as a minimum, land costs, building costs, tenant improvement costs, parking lot or garage costs, landscaping costs, other site costs, architectural and engineering costs, and any other significant costs. 10. The proposer must submit a financing plan which may include a preliminary financing commitment by a lending institution or other primary source of investment financing and for adequate security acceptable to the CRA (e.g. payment and performance bond, cash deposit, etc.) for the construction of the project. The financing plan must also account for all debt and equity investment required to fund project costs. A firm financing commitment by the sources described above must be provided prior to the award and execution of the contract to the successful proposer. 11. The proposer must submit information which would permit an understanding of the proposer's structure, qualifications, and financial strength as well as those of key project participants. The CRA reserves the right to research the background of each principal with respect to both credit and police records. The proposer must submit a signed consent form as part of their proposal. The consent form is enclosed with this RFP. -6- (i) Description of the organizational structure of the proposer (and its parent entity, if it is a subsidiary). (ii) Identification of the proposer's principals, partners, officers or co-ventures (including names, addresses, telephone/fax numbers, and social security/federal business identification numbers). (iii) Information concerning the relevant exp,rience of thc proposer and key ' project personnel, including listing and description of past projects, role, nature of continuing role and responsibilities. (iv) References for relevant projects. (v) Current audited financial statement and three-year history of income and expense for the proposer (and its parent entity, if it is a subsidiary) and for key committed tenants. Information regarding any legal or administrative actions past or pending that might impact the capacity of the proposer (or its principals or affiliates) to complete the project. Disclosure of any bankruptcies by any of the above or related entities during the past ten years. 12. The proposer should state the number of parking spaces their project intends to provide and the extent to which, as well as the terms under which, the spaces will be available to the public, either during peak hours and/or during off-peak hours. 13. The proposer must state which of the properties described in Section A above will be purchased from the CRA upon its acquisition from the current owners, as well as stating which of the properties described are currently owned or contractually controlled by the proposer, thereby eliminating the necessity of acquisition by the CRA. L. Selection Criteria Factors that the CRA will use in evaluating proposals include, but will not be limited to: 1. The qualifications (experience and capabilities) and financial capacities of the proposer as they would indicate ability to complete the project. 2. The level of direct financial investment required of and return to the CRA from the project. 3. The prospects for market and financial feasibility and financibility of the proposed project. -7- 4. The level of commitment and financial strength of proposed prelease tenants. The level of commitment of financing sources. 6. The potential tax revenues generated by the project and the project's effect on the CRA's tax increment revenues. 7. The economic impact on other businesses in the downtown. 8. The number and character of net new jobs created in the downtown. 9. The number of parking spaces created and their availability for complimentary downtown use. 10. The extent to which the mix of uses supports the other uses and planning goals of the district. 11. The quality of site planning, landscaping, and building design proposed for the project. 12. Special emphasis will be given to projects utilizing the ground floor space fronting Atlantic Avenue as retail space. M. Sealed Proposals and Review Procedure Sealed proposals must be filed with the CRA at its offices located at 24 North Swinton Avenue, Delray Beach, Florida 33444, no later than the 15th day of March, 1996, at 5:00 p.m., and such proposals shall remain irrevocable for a period of one hundred twenty (120) days thereafter. The CRA will review all proposals filed and evaluate the same as to the merit for a successful redevelopment project in conformity with the selection criteria listed in Paragraph L and the redevelopment philosophy and concepts held by the CRA in the CRA's sole discretion. In the event the CRA determines that one or more of the proposals is feasible and is acceptable to further the CRA's redevelopment effort, in conformity with its Community Redevelopment Plan, the CRA may rank the acceptable proposals and elect to proceed with the negotiation of an award of a contract to the top- ranked proposer. The CRA reserves the fight to negotiate such terms and conditions with the successful proposer as it deems in the public interest. In the event a contract is not negotiated to the CRA'a satisfaction, the CRA may abandon such negotiation, and if it determines it appropriate, to then commence negotiations with the next ranked proposer. All proposers should be familiar with the requirements of Florida Statutes Chapter 163.380 (1994) to which this Request for Proposal is subject. -8- N. Addenda All proposers should register their name, ad&ess, and phone number with the CRA at the time of obtaining this Request for Proposal in order to be on the mailing list for any addenda issued by the CRA. O. Right to Withdraw Chapter 163.380, specifically, with the requirements that once a contract is negotiated, the same must be filed with the City of Delray Beach City Clerk with the Notice of Intent to award such contract thirty (30) days prior to the execution of such contract. The CRA specifically reserves the right to refrain fi'om awarding a contract for the sale of any or all of the subject property to any person and to with&aw fi'om the process and/or negotiations at any time as it determines at its sole discretion. The CRA reserves the right to enter into a contract with any of the proposers on the basis of the impact on redevelopment by the proposed project in the CRA's sole discretion and not necessarily to the proposer offering the highest purchase price. The CRA expressly reserves the fight to obtain economic feasibility studies with regard to any or all of the subject proposals. P. Site Visits Any interested party may arrange, by appointment, to visit the site. Please call Diane Hervey at the CRA office at (407) 276-8640 for an appointment. Q. Interpretations Questions and inquiries concerning the proposal and specification of the solicitation shall be submitted in writing and directed to Mr. Christopher J. Brown, Executive Director, CRA, 24 North Swinton Avenue, Delray Beach, FL 33444 for receipt no later than ten (10) calendar days prior to the date set for receiving proposals. Oral explanations, information and instructions shall not be considered binding on the CRA. All prospective proposers are encouraged to independently verify the accuracy of any information provided. Neither the CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer. R. Prebid Conference A prebid conference will be held on January 12, 1996, at 9:00 a.m. at the offices of the CRA at 24 North Swinton Avenue, Delray Beach, FL (407) 276-8640. An additional prebid conference will be held on February 16, 1996 at 10:00 a.m. at the above office. -9- 5. CRA Ottiees The CRA is located at 24 North Swinton Avenue, Delray Beach, FL 33444. The telephone number is (407) 276-8640. Property Acquisition Map Downtown Mixed-Use Redevelopment . , / _ . ~ / / .... A. 12-43-46-16-01-077.-0010 Lots 1, 2, 3, 8 & 9, Block 77, TOwn of Delray B. 12-43-4~.16-01-077-0040 Lots 4 to 6 & Lots 7 & 13 (Lees N. 16 Ft. Road R/W~, Block 77, Town of Delray C. 12-43-~6.16-01-085-0060 S. 79.3 Ft. of Lot 1, Block 85, Tow~ of Oelray D. 12-43-46-16-01-077-0100 Lot 10 & N. 50.5 FL of Lot 11, Block 77, Town of Delray E. 12-43-46-16-01-077-0112 S. 24.2 FL of Lot 11 & Lot 12. Block 77, Town of Delray F. 12-43-4~.16-01-077-0152 $. 9 5 Ft, of Lot 15 & Lot 16. Block 77, Town of Delray G. 12-43-46-16-01-077-0'~70 Lo! 17, E~lock 77. Town of Delray H. 12-43-46-16-01-077o0180 Lot 18, Block ;'7, Tow~ of Delray I L 12-43--4~- 16..01-0 7 ~-C)O 1C; Lot 1, J~ 1'2-~:~-16--01'-078-0090 N. 69.5 FL of Lot 9, Block 78, Town Of Deiray MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER PURCHASE ORDER ADDITION TO HYDRO PUMPS INC. DATE: FEBRUARY 9, 1996 This is before the Commission to consider the purchase of vertical pumps from Hydro Pumps, Inc. for pump stations at Waterway Lane, Sea Sage Drive, and Beach Drive and Seaspray Avenue. Hydro Pumps, Inc. furnished the pumps for the recently completed Bay Street and Basin Drive Pump Stations. The proposed pumps for this project are identical in size, and are offered at the same unit prices as a year ago, for a total of $54,413. Purchase of these pumps will assure uniformity of equipment for all of the stormwater pump stations recently constructed on the barrier island, and will provide long term maintenance efficiency resulting in cost savings to the City. The proposed stations are to be constructed in the Spring of this year, so ordering the pumps now will expedite manufacturing and shipment. Recommend approval of the purchase of pumps for Hydro Pumps, Inc. for the Barrier Island Pump Stations, in the amount of $54,413 from the Stormwater Utility Fund; with $18,826 from Beach Drive (Account No. 448-5411-538-63.34), $9,413 from Waterway Lane (No. 63.35), and $26,174 from Sea Sage Drive (No. 63.37). Agenda Item No.__ AGENDA REOUEST Date= February 7, 1996 Request to be placed on= __ Regular Agenda Special Agenda X Workshop Agenda When= February 13, 1996 Description of item (who, what, where, how much)= Staff request City Commission to approve a Purchase Order addition to Hydro Pumps, Inc. It is for the purchase of vertical pumps for Waterway Lane Pump Station(95-38); Beach Drive/Seaspray Avenue Pump Station (95-37); and Sea Sage Drive Stormwater Pump Station (95-42). Hydro Pumps, Inc. was the low bidder and issued a Purchase Order in January '95 to furnish vertical pumps for the recently completed Bay Street and Basin Street Pump Stations (93-70). The proposed pumps for the Waterway, Beach/Seaspray ad Sea Sage Pump Stations are identical in size to the pumps purchased for Bay (25 HP 5,000 GPM) and Basin (10 HP 3,000 GPM). The proposed stations are to be constructed in the Spring of this year. The pumps will be furnished by the City to the successful bidding contractor for installation at the stations. Staff requests award of the vertical pumps for the proposed stations to Hydro Pumps, Inc. at the same unit prices awarded by City Commission for the Bay/Basin Stations on January 3, 1995 for a total price of $54,413.00. A copy of the original agenda request and schedule of the proposed pumps to be ordered is attached for your perusal. Funding sources for this agenda request are 448-5461-538-63.34 Beach Drive/Seaspray Avenue Pump Station for $18,826.00; 448-5461-538-63.35 Waterway Lane Pump Station for $9,413.00; and 448-5411-538-63.37 Seasage Pump Station for $26,174.00. ORDINANCE/RESOLUTION REQUIRED: YE~RAFT AT~ Recommendation: Staff requestsw~CitF Commis~ appr~ve~a Purchase Order addition to Hydro Pumps, Inc~/~ ~ Department head signature: ( M. '~'///~ ~ ~//, ~/ 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 · ~NO Funding alternatives ~//~ (if applicable) Account No. & Description~//- ~-~.~5-~ ~ ~Pc~4~--~ ACCOunt Balance ~F~ (~ ~~ City Manager Review: ~1~/, ~97 (~ ST ~; Approved for agenda: ~S~NO q~?- ~1/ '~--~.37(~ ~ ~~ Hold Until:~ ~ $'~ (~ ~ ~) Agenda Coordinator Review: ~~ Received: Placed on Agenda: Action: Approved/Disapproved Memorandum R ~ C ~ f\/~ ~"i) To: David T. Harden, City Manager FEB - 9 1996 From: Dan Beatty, P.E., City Enginee~ CITY M~~''~ .... ~1(~:_ Date: February 7, 1996 Re: Waterway Ln Pump Station (95-38); Beach Dr/Seaspray Ave Pump Station (95-37);and Sea Sage Dr Stormwater Pump Station (95-42) Purchase Order Addition to Hydro Pumps, Inc for furnishing pumps Staff requests City Commission to approve a Purchase Order addition to Hydro Pumps, Inc. It is for the purchase of vertical pumps for the above referenced stormwater pump stations. Hydro Pumps, Inc. was the low bidder and issued a Purchase Order in January '95 to furnish vertical pumps for the recently completed Bay St and Basin St Pump Stations (93-70). The proposed pumps for the Waterway, Beach/Seaspray and Sea Sage pump stations are identical in size to the pumps purchased for Bay (25 HP 5,000 GPM) and Basin (10 HP 3,000 GPM). The proposed stations are to be constructed in the Spring of this year. The pumps will be furnished by the City to the successful bidding contractor for installation at the stations. Staff requests award of the vertical pumps for the proposed stations to Hydro Pumps, Inc. at the same unit prices awarded by City Commission for the Bay/Basin Stations on January 3, 1995 for a total price of $54,413.00. A copy of the original agenda request and schedule of the proposed pumps to be ordered is attached for your perusal. By utilizing these unit prices the City will be able to take advantage of prices from a year ago. Current prices are approximately 5% higher for the same pumps. We would presume that this 5% would be reflected in bid prices. Hydro Pumps and the pump manufacturer have agreed to discount these new pumps in order to induce ordering the pumps through utilizing previously quoted unit prices rather than by formal bid. Ordering the pumps now will expedite manufacturing/shipping of the pumps. There is a delivery lead time of twelve weeks once the order is placed. This will allow for earlier delivery to the contractors enabling the stations to be placed in service as soon as possible. Additionally, ordering these pumps will assure uniformity of equipment for all of the stormwater pump stations recently constructed on the barrier island. This will provide long term maintenance efficiency resulting in cost savings to the City. Funding Sources for this agenda request are 448-5461-538-63.34 Beach Dr/Seaspray Ave Pump Station for $18,826.00; 448-5461-538-63.35 Waterway Ln Pump Station for $9,413.00; and 448-5411-538-63.37 Seasage Pump Station for $26,174.00. CC : William H. Greenwood, Director of Environmental Services Howard Wight, Dep Dir Construction memopumps.doc TEL No. Feb 01,96 14:11 P.01 FAX 305-583-3305 BROWARD - 583-3303 DADE - 9,44-3,427 HYDRO PUM PS ,,,~,.w. ~,, o,.,,.o.,ox,,,, PLANTATION, FL 33318 MISCELLANEOUS PUMP STATIONS ON THE BARRIER ISLAND Hydro Pumps, Inc. Purchase Order Addition NO. DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT TOTAL I Sea Sage Pump Station -25 hp 5,000 GPM Motor/Pump EA 2 $ 13,087.00 $ 26,174.00 2 Waterway Pump Station 10 hp 3.000 GPM Motor/Pump EA 1 $ 9,413.00 $ 9,413.00 3 Beach Drive Pump Station 10 hp 3,000 GPM Motor/Pump EA 2 $ 9,413.00 $ 18,826.00 TOTAL $ 54,413.00 From: William H. Greenwood, Director of En ironmental Services Da=e: December 28, 1994 Re: Bay Street Stormwater Pump Station ! Basin Street Stormwater Pump Station Rehabilitation (Proj 93-70) Bid Award and Change Order $1 to Murray Logan Construction; Bid Award of furnishing pumps to Hydro Pumps, InC. Awar~. of XurravLoqa~ Construction Contract Staff requests City Commission consider award of a construction contract to Murray Logan Construction, Inc. in the amount of $347,610o00 for construction of the above two referenced pump stations complete. They were the lowest'of two bids received for the Project. Murphy Construction was the only other bidder with a bid price of $726,308.00. A request is also made to approve deduct Change Order $1 for the Project to Murray Logan Construction in the amount of -$143,744.00. This Change Order deletes the Basin Street .pump station rehabilitation in its entirety. This rehabilitation work will be constructed in-house by the ESD Construction Division and Maintenance Division. Pumps and discharge col-mn will be furnished by Hydro Pumps, Inc. under separate bid. Change Order $1 also deletes the furnishing of pump, discharge col-~n, electrical control panel, level controls and associated equipment from the Bay Street Station. Additionally, it modifies the flap gates from heavy duty to medium duty;modifies the seawall repair;and deletes the -Project sign (provided _by CDB Streets Dept). Awar~to~o Pumos, Inc. for furnishinuDumDs/controlDanel The epoxy coated steel pumps, control panel and 'associated equipment deleted by Change Order ~1 were bid separately by the City in order to obtain more competitive pricinq and take advantage of the sales tax exemption. Alternate quotes were solicited for vertical turbine pumps in lieu of the submersible pumps that were specified in the original bid. Two bids were received for furnishing this equipment. Hydro Pumps, Inc. was low with bid price of $43,557.00 for furnishing a vertical one-pump .system for the Basin Street station and vertical two pump system for the Bay Street station;and $82,717.00 for same scope submersible pumps; M&W Pump Corporation was second'-'at $83,241.00 for the vertical pumps and $94,235.00 for the submersible pumps. SECT]OH ]! o VERTICAL PROPELLER ~ ~ ~ BA~ BID item Ilo. 1 - Furnish one ~, discharge coLun~ control paneL, etc. complete for The Sa,/Stree~ Storm Water P~mp Station and aa delineated in the specifications, for the City of Oetray Beach, FLorida for the total Lump s~J~ price of: ~-.o c.; O ' ' OoLLers arN:f item #o. P - Furnish~one pu~p, discharge coL~mo etc. for the Basin Orive S~om ~acer ~ $tat~ as ~~ ~n ~e s~f~t~, for the C~ of De,ray Bea~., F~or~ for the total ~ ~ ~ of: ~ ~_9 ~ ~~ DoLLars ~ ~ I' ~ TOTAL L.IJIIP U BA~E BZD SECTION T! - lte~I #os. 1 - ~. choose AL.te~ce or A~JCi~L B~d Ic~ aC .~Cs d~screci~. - It~ Uo. AB-l: ~ici~L Bid to fUrni~ ~ deLiver ~iCi~L s~re Per ea~ ~ ~ ~ ~J ~ d~scharge coL~),- to the C~;y of De~ra~ Beach, for the Basin Or~ve Total price co provi~ 8~icionat Bid It~ No. AB-2. M13M010:09-05-94 P-3.4 DE~AY MEMOR~ND~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~/~ - MEETING OF FEBRUARY 13, 1996 PROPOSAL FOR A CITY MUSEUM/SOLOMON. D. SPADY HOUSE DATE: FEBRUARY 9, 1996 This is before the Commission to consider a proposal from the Committee for Expanding and Preserving Our Cultural Heritage (EPOCH), for the potential use of the Solomon D. Spady House as a museum. The EPOCH group envisions this historic site as a comple- ment to the Cornell Museum and the Cason Cottage Museum, while adding space for the City's archival needs. The attached memo from Bob Barcinski outlines how the City has participated in the acquisition, renovation, and ongoing operation of Cason Cottage. I believe this is a good approach and would recommend a similar approach with the Solomon D. Spady House. The City could acquire and restore the house. After the restora- tion is completed, the house could be leased to the appropriate entity for operation as a museum. That entity would be responsi- ble for interior maintenance, future renovations not involving major structural changes, staffing, and museum operating expenses such as utilities, pest control, security, insurance, furnishings, cleaning, etc. The City would take responsibility for exterior building maintenance, repair and upkeep; and maintenance of the landscaping, irrigation, and parking areas. Our existing lease agreement with the Historical Society for the Cason Cottage could serve as a guide for a similar arrangement with the Spady House. RECEIVED FEB - 8'1996 lily I)F I)ELBI:IY BEI:I£H DELI{AY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ali-America City MEMO RAN DU M M' l;~,ubert A. Baminski, Assistant City Manager 1993 SUBJECI: AO£NDA ITEM # ¢IT~ COMMISSION WORKSHOP, F£BRUAR¥ 13, 1996 DATE: February 8, 1996 GENERAL Cason Cottage was acquired by the City with land acquisition funds in 1987 to allow for office expansion for the Community Development Division. However, in 1988, City Commission agreed to lease the property to the Historical Society as a museum. Renovation and the first phase of extedor improvements were completed in 1989. Additional parking improvements were added in 1992. TERMS ANB CONBITIONS The lease was entered into on July 25, 1988, for 10 years at $1.00 per year. In addition to the purchase price, the City agreed to renovate the structure and split costs for landscape and other extedor improvements with the Historical Society, whose investment was limited to $10,000. Maintenance, repair, and operational responsibilities were assigned as follows: Historical Society - Responsible for intedor maintenance and future renovations, not involving major structural changes, staffing and operating the museum, all utilities, pest control, security, insurance on contents, providing interior exhibits and other furnishings, and general cleaning. City of Delray Beach - Responsible for extedor building maintenance and repair and upkeep and maintenance of the landscaping, irrigation and parking areas. Cost Summary City Historical Society Land Acquisition $194,500 .... Restoration/Phase I Landscaping 43,143 10,756 Parking Lot/Landscaping Phase 11 43,230 ..... Interior Furnishings ..... * · It is not known at this wdting what the Historical Society expended for intedor furnishings. RAB:kwg File:u:graham/agenda Doc.:Cason.001 THE EFFORT ALWAYS MATTERS PrhTted on Recycled Pa~er PROPOSAL FOR A CITY MUSEUM S. D. SPADY HOUSE 170 NW 5TH AVENUE DELRAY BEACH, FL CONSTRUCTED IN 1926 A PLANNING REPORT BY THE. EPOCH COMMITTEE (EXPANDING AND PRESERVING OUR CULTUI:La~L HERITAGE January 26, 1996 MEMORANDUM TO: The Honorable Mayor and City Commissioners of Delray Beach FROM: EPOCH Committee DATE: January 22, 1996 RE: Proposal for Museum & Historical District Enclosed you will find an idea for a positive use for one of our City's historic buildings. The picture on the cover is the former home of Solomon D. Spady, a former high school principal of our local school. Mr. Douglas T. Williams is the present owner. He is desirous of selling the building to any person or agency who is willing to assure the building gets the recognition it deserves. The EPOCH (Expanding and Preserving Our Cultural Heritage) Committee is a study group. All members are citizens of Delray Beach who envision the building being refurbished to supplement the Cornell Museum and the Cason Cottage Museum which presently serves our archival needs. We feel that the City needs more space to display the likeness of persons and historical items of interest. The Community Redeveloping Agency (CRA) is doing an excellent job in restoring areas in Delray Beach. The Spady house, as an extension of the City Museum, will restore and add importance to an area that had a definite impact on the founding of Delray Beach. The EPOCH Committee is also proposing that a section of the area where the Spady House is located be recognized as an Historic District. The Committee has noted with curiosity and concern that there are several Historic Sites in Delray Beach west of Swinton Avenue that should be designated and preserved in an Historic District. To recognize the contribution of African American pioneers in one area where they settled in 1894, we are proposing that the area bounded by West Atlantic Avenue on the South, Northwest Third Avenue on the East, Northeast Sixth Avenue on the West and Northwest Second Street on the North, become the West Settlers Historic District. (See map on following page.) Delray Beach is a place of attraction with people always coming and going. Having a museum on Northwest Fifth Avenue in an Historical District will broaden the area of attraction. The proposed museum is an excellent way to help cement race relations and provide knowledge and respect for the contributions of minority citizens. This would truly make us the "All American City." ~ . - '..'--..-' ' .'-.:'LL.._- · ~'~.'~ , ' ' , ;i .,. . .~ ~ .-- ~.,..~,~ ~'::: "~ ~":'~F' '~'"'1 ~'~'! '~' "~', ~ -~ ' ~ ' ~ .... ~ ~ - .... ~3AV O~'~N- ,..., ..,.,..~... ~,~, ,..... , .. ~,~::i~,, ,'~.'.,m,:~.'.:-..~t~ ~' '~~ ;~d'~.l,"L~;~ :'4 I" ~. - .', -'-,~.~ ~. -.i.~ ~'.-~~',,'- ~ ~-,, .. ,...~,,~!t.:.,.~4~ ~.~..~ , ~N~AV H~g ~N 'I-I "' ~ _ · . · -,I,,~ - - ' A~F ~;' ~ Z _~ -,.~.,.. .. ':~;: ,  0 '" '. li , - I . : ~:.. - ..~: ~ ~ BaN~AV Hlg ~N ~ z ' '" ' ': .~., ~: ~-~s~l. '-- ~.. .-, ~.-. ..... __~,~:.~?~,.,,, ,,~..-i~ a 18 ~': I ~ ~z8 - ~nNaAV H~Z ~N,~ BRINGING INTO SHARPER FOCUS THE HISTORICAL CULTURES AND AWARENESS OF WEST DELRAY BEACH Delray Beach is a city that is and always has been, a multi-ethnic area. This is due mainly to its geographic location and climate. Each person who migrated here brought with him his culture and used it to make the City what it is today. Although we have a couple of places where early contributions and contributors are recognized and displayed, we propose the S. D. Spady house or another building in that area as the perfect location. It should become another museum to recognize and preserve the history and culture of our City. The Spady house is our first choice. It is listed on the City's register as an historic site. As an extension of our City Museum facilities, it would: Provide another site for displaying memorabilia and exhibits of the City's cultural heritage. It would allow additional space for archives and lectures. Establish a center of attraction in an area that has historical significance. Provide knowledge and respect for contributions of minority citizens to the City. Provide awareness of and allow for the restoration of more historical information of the City. Develop more respect and initiative for the upkeep of the area. A City-Wide Multi-Cultural Educational Museum (Executive Summary) We are proposing a multi-cultural educational museum (name yet to be determined) for all the residents of Delray Beach. The museum will be a place to assemble, care for, and research materials worthy of preservation and exhibition and to present these historical materials to the public for their enjoyment and education. The citizens of Delray Beach have archival materials and artifacts, presently stored in private homes, which trace the history of our forebears back to 1894. It is time that these materials are assembled in a central location to be cataloged and given the specialized care that such valuable historical evidence should be to preserve it for future generations. The need for a centralized location is one of the reasons we have chosen the proposed site as the home of our future museum. The proposed building for the City Museum is located at 170 Northwest Fifth Avenue, in the heart of Delray Beach and within easy walking distance of main thoroughfares. It is a former private home in an area that the City of Delray Beach has recognized as having historical significance. The house is of sufficient size (1500+ square feet) to accommodate storage and restoration facilities, exhibit areas, a small reference library, and lecture rooms with audio/visual facilities. Initially, we will be dependent on the citizens of Delray Beach to donate their collections of archive materials and artifacts. In time, the museum will be able to purchase desirable materials. These collections will help to fulfill the most important objective of the Museum -- education. It is our intention to have a close relationship with local schools in order to introduce and promote interest in Delray Beach's historical heritage to students and their parents through programs in the schools and museums. Developing and conducting appropriate programs for children and adults will be the concern of a salaried Director/Curator. A Board of Trustees and Business Manager will join other volunteers in bringing the dream of the Museum to fi'uition. We propose that the Museum be maintained under the ownership of the City of Delray Beach to ensure the museum's long-lived stability and usefulness to the community. PLANNING TEAM Planning Team Coordinators: Vera R. Farrington C. Spencer Pompey The EPOCH (Expanding and Preserving Our Cultural Heritage) Committee Members: Ruth Pompey Tommy Stevens Elmore Watkins, Sr. Gertrude Greene Preston Wright Mary Randolph David Randolph Charlotte Durant Dorothy Ellington Anne Williams R. Louise King Yvonne Baine Support Persons (Direct Descendants of Pioneers) Essie Robinson Virginia Robinson Tysena Moss Margueritte McKay Salome Fashaw Alice Muse McCray LeBell Priest Clark Laurence Zill *Will Robinson Videotographers: Eric Akers Clarence Vaughn City Liaison: Patricia Cayce, De[ray Beach Historic Preservation Planner Community Liaison: Dorothy Patterson, Archivist, Delray Beach Historical Society Mary Swinford, Director, DeLray Beach Historical Society Gloria R. Adams, Director, Old School Square Cultural Arts Center, Delray Beach Ownerl Douglas Williams Educational Consultants: Henrietta Smith, Ed.D., Professor Emerita, School of Library & Information Science, University of South Florida, Tampa, FL Mae Neilander, Florida Atlantic University Student of the Schmidt College of Humanities, History Department Special Consultant: Roy Simon, Architect, Architecture/Land & Space Planning Charlene F. Jones, Technical Assistant (Computer Analysis) *Recently Deceased EDUCATIONAL COMPONENT The staff of the Spady house museum will develop a program for educating the community about the exhibits it will house and care for. The program and exhibits will involve participation of all ages. However, our educational efforts will be specifically directed toward children in intermediate grades in school and older adults (ages fifty and above). Children in intermediate grades (fifth and sixth) have a high level of curiosity and are easy to motivate to learn about their heritage. Elementary grade children may not have the necessary imagination and be too young to care.. Older children and younger adults may be too busy with social activities to realize the need. The Museum's staff will review the public schools' curriculum and determine what input and activities are appropriate. This will also determine the appropriate time for children to visit the museum. Therefore, public classroom methods will be used in our presentations at the museum. The staff will also accept recommendations from school authorities as to the types of special and temporary exhibits to acquire. School teachers will therefore be able to, and expected to, assist with the presentations at the museum. Many motivational and educational activities will be utilized. However, the two most stimulating we will use more extensively are: 1. Comparison Comparing materials and lifestyles of the past to those of today. As often as possible, students will be e encouraged to touch, try on, use and have other personal contact with artifacts. 2. Storytelling Oral stories by staff and other certified persons (e.g., guest lectures, historians, etc.) will relate information about early Delray Beach. Students will be expected to become involved by asking questions and demonstrating, if possible. (Example, an old dance, canning vegetables, etc.) Videos and other types off audio/visuals will also be used to show and stimulate learning. Staffwill also visit schools and circulate small archival collections in strategic areas of the school. The older adults may be more elusive in that they are not required to visit any educational facility. But, many persons in this age range begin to reminisce about their lives and become curious about if and how the history of their community is recorded. We will keep the museum attractive and visitor friendly so as to entice this age group of fi~y and above. This could add to our intellect through personal historical recollections (stories about their past). Special activities for older citizens will include: needle point, gardening, quilting, specialty cooking, health care programs, holiday preparations, and positive interaction and socializing. This may be the time in their lives when they are interested in ridding themselves of personal property and would like to make donations of inherited artifacts to the museum. This is one way we expect to expand our permanent exhibits. INITIAL FLOOR PLAN FOR USE OF SPADY HOUSE The exterior will be landscaped according to City specifications. Properly identified plans and shrubs that were used by the early settlers for various reasons will be included. The original green paint for the exterior of the house will be matched as closely as possible. The front (east) walkway and entrance will resemble as closely as possible, with maximum security, the original door that is shown in early photographs of the house. All windows will also be duplicated. The enclosed porch on the left will be used as a reception area and a small gilt shop. A guest book will be provided to account for the number of visitors and friends. A receptacle for monetary donations will be available and small, relatively inexpensive souvenir type articles will be sold. A portrait of Mr. Spady will be displayed on a wall near or in the immediate entrance area of the house. (First floor, north side) The area that is presently shown in the illustration as a shower will be transformed into a modern, attractive, handicapped accessible powder room for use by the public. This will serve as a turning area for wheel chairs. The area under the stairs will be used for utility storage. The kitchen area will remain a kitchen. Appropriate cabinets will be installed, as well as a cooking range, refrigerator, food preparation area, a table and chairs. These furnishings will be in the style of the 1920% if possible. This room will be designed for demonstrations as well as a catering kitchen for use by staff and guests. Plans for rental of the building and/or rooms for community service will be considered. (First floor, continued, south side) The south east room will be outfitted with cabinets and cases and will be used to exhibit Florida history. This will be a flexible, unmanned exhibit; therefore, protective glass and locks will be installed. The second room will be furnished as a 1920's public school classroom and will be used as a lecture/classroom for small meetings. It will also be used at various times for temporary or special manned exhibits. The room in the rear will be used as the office for the Director/Curator of the Museum. Office equipment and some office supplies will be stored in this room which is conveniently located near the rear entrance. Pictures, portraits and stationary artifacts will adorn the hallway. The back door will be altered to accommodate wheelchairs. A ramp will lead to the back door near the required handicapped parking spaces. The general parking area will be located on the north side of the building. Handicapped and one designated parking space for the director will be in the rear. Arrangements for shared parking with St. Paul AME Church will be made by the person(s) or group(s) who will need extra parking. (Second floor, north side) The room east of the building (front) will be used as a library. Therefore, it will be furnished with book storage shelves and other library necessities. The open space that is shown in the illustration will house a permanent unmanned exhibit of Delray Beach. The exhibit will be flexible to allow for the on-going activity of updating and adding materials that are easy to care for. Again, precautions will be made to prevent vandalism. The full bathroom upstairs ~ remain for use by the museum staff If possible, the bathroom will have 1920's fixtures. If space permits, a portion will be used to store some office supplies. (Second floor, continued, south side) The south east room (front) across the hall from the library will be the audio/visual room and also serve as an overflow area for the library. A stationary viewing screen and other audio/visual equipment will be stored in appropriate cases and cabinets. The two remaining rooms will be separated by a folding wall. Tiffs will allow for use by larger audiences. We anticipate classes, receptions, seminars and other performances and activities. (Weddings, plays, skits, teas, senior citizens gatherings, educational programs.) Provisions will be made for a fire sprinkler system as well as a burglar security alarm system. The initial salaried staff will consist of a full-time Director/Curator and part-time secretary/receptionist. EPOCH will actively recruit and rely on volunteers to maintain the museum. COST ANALYSIS The cost for purchasing the Spady House is $55,000. The cost for renovations is approximately $50,000. Initial equipment and supplies include: Built-in cabinets Floor display cabinets Two television sets One computer/printer One video camera Storage kit for archival products Record storage boxes One Slides Carousel and storage box Slide Sleeves negatives (photo) file Photograph preservation kit Flat files for archival storage Multi-use envelopes for storage of pamphlets, documents and prints Collectors record file (for inventory) Copy paper Acid free paper Pencils Pens Plastic clips Labels Miscellaneous The total cost for these items is approximately $7,000. The total initial cost for estabLishing the museum is approximately $100,000. The EPOCH Committee feels that the $150,000 it would cost the City to purchase the Spady House and convert it into a museum is a small investment into the intellectual and social well- being of our City. PROPOSED EXHIBIT MATERIAL ORIGIN OF THE EDUCATION OF AFRICAN AMERICANS IN DELRAY BEACH The land we call Delray Beach was purchased in 1868 by Captain George Gleason of Jacksonville, Florida. He paid $1.25 an acre to the United States Government under the Homestead Exemption Act. We trace the migration of African American citizens to Delray, which was then called Linton, as early as 1894. In that year, Joseph and Estelle Hanna came by boat from the Bahamas; Theodore and Nellie Monroe came from Gadsen. County, Florida and Joseph Green from C. radsen County, Florida. The occupations of these Settlers were fishing and farming. In 1894 these Afro-American Pioneers petitioned the Superintendent of Dade County for a teacher for their children. Linton was a part of Dade County and was not established as Palm Beach County until 1909. There was no building to house the school, plus the citizens had to prove that the stream of water was clear of shrubbery and other infestations to assure safe passage by boat to and from ;Miami. That stream is now the Intracoastal Waterway. They had to walt until the following year to open the school. In October, 1895, (beginning of the school term), Mr. B. F. James was sent to Linton to teach the "colored" children. Schoolhouse # 4, Delray colored, began operation on Linton Lot which is now Northwest Fifth Avenue. The building was a thatched hut. In 1901, Cornell and Frances Bright came to Delray from Madison County. He was a farmer, she was a teacher, who formed a team with Mr. James. Thus, Nfl'. James was the first teacher and Mrs. Bright was the first female teacher in the African American community of Delray Beach. We consider these persons and their families as founders of education in the African American community of Delray Beach. Pleased with their success in starting a school the settlers moved quickly to take advantage of Henry Flagler's "land set aside" for cultural institutions. Within five years (1897 - 1899) they constructed a two story school building. During this time, other settlers came to Delray and became involved. They were: 1885 - Joseph Smith from the Bahamas, a fisherman 1895 - Ed Smith from the Bahamas, a fisherman 1896 - George and Josie Hanna fi'om the Bahamas 1896 - Alsada Clark from the Bahamas 1896 - Albert and Mary (Ma Cohen) from West Florida, farmer and mid-wife 1897 - Austin and Georgeanne Phoenix from South Carolina, farmer and housewife 1898 - Fagan Henry and wife Jan 1898 - Ed and Carrie Chambers 1898 - Elijah and Laura Simms 1898 - Eddie Lee and Emma Simms Despite the obvious importance of education to the closely knit community, African American children were entitled to only six months of annual educational instruction. Their 'white" counterparts received nine months under the "Separate but Equal Educational Program" which ended in 1943. Early African American children in Linton (Delray Beach) were used to provide cheap labor for farmers and budding hoteliers. They were programmed to understand that they were to become educated only until they became old enough to work full-time in the fields or hotels. Students became discouraged and lost interest in school. The school board minutes of February 12, 1907 reflects that the superintendent 'suspended school # 4 colored for poor attendance." The school building, seldom used for school, was unkempt and misused by citizens for unsavory activities. It soon became, dilapidated and surrounded by palmetto shrubs. But the determination of African American parents to educate their children was unfaltering. In 1914, Mr. William Robinson who migrated here in 1901, wrote to Dr. Booker T. Washington in Tuskegee, Alabama. He asked for help to improve the school educational program and building. Mr. Clarence C. Walker was recommended and came to Delray (the former Linton) in 1915. This was the kind of challenge that Mr. Walker enjoyed. His philosophy as the same as Dr. Booker T. Washington; "to be successful we must educate the head, heart and hands." Therefore, with the help of William Robinson, who at this time was affectionately known as "Bro Rob,' he mobilized the citizens to work with he City Commissioners. They succeeded in changing the attitudes and social morals of the community. He established in Delray, the first Smith-Hughes Vocational School in the State of Florida.* He introduced and taught manual arts to boys; his wife taught domestic arts to girls. Pleased with his accomplishments in Delray, he left in 1921 to do the same in Palatka, Florida. Delray Beach African American citizens again sought the help of Dr. Washington to maintain and increase the level of education for their children. On February 1, 1922, Mr. Solomon D. Spady came to Delray Beach as a principal/teacher of the renamed Delray County Training School. The school had grown to five teachers and 118 students and provided no higher than an 8th grade education. Mr. Spady soon became affectionately known as "ProC' Spady to students, teachers and the community. His philosophy and objectives, similar to those of Booker T. Washington and Clarence C. Walker, was to educate the head, heart and hands. He taught the male students agriculture and manual work. He hired a homemaking teacher to teach the female students domestic arts. We have authentic documents which show the regard given for his professional accomplishments by the community, Palm Beach County School System and the State of Florida School System. Mr. Spady retired in 1957. His 35 years produced a high school in the African American section of Delray Beach that had an "A" rating issued by the Accreditation Association of Education of the State of Florida. A separate elementary school was built and named in his honor. *Smith Hughes was the name of a Federal Act that supplemented salaries of teachers in vocational schools. Mr. Walker's salary from the County was $25.00 per month. c:\wiflword~h~ljs~h~stdist, doc SOLID WASTE COLLECTION BID AI,TERNATIVES GOAL - THE CITY WANTS A QUALITY CONTRACTOR THAT HAS THE PRESENT RESOURCES AND DESIRE TO PROVIDE AND MAINTAIN OVER A FIVE-YEAR CONTRACT AN EFFICIENT, COST EFFECTIVE, AND RESPONSIVE GARBAGE, TRASH, BULK WASTE, AND RECYCLING COLLECTION SERVICE FOR OUR RESIDENTIAL, MULTI-FAMILY AND COMMERCIAL CUSTOMERS. THE CITY ALSO WANTS THIS CONTRACTOR TO BE ONE THAT IS WILLING AND ABLE TO PROCURE AND/OR UTILIZE A TOP- QUALITY ROLL-OUT RESIDENTIAL CONTAINER AND AUTOMATED COLLECTION VEHICLES FOR RESIDENTIAL CURBSIDE AND REAR-DOOR SERVICE TO OUR CUSTOMERS. SOLID WASTE COLLECTION BID ALTERNATIVES PROBLEM - CODE ENFORCEMENT HAS ADVISED US THAT PRESENT BUSINESSES AND MULTI-FAMILY COMPLEXES HAVE COMPLAINED THAT THEY CAN RECEIVE LOWER PRICING FOR SAME SERVICE, BUT THE CITY HAS GIVEN ONE CONTRACTOR AN EXCLUSIVE FRANCHISE AND THEREFORE THEY CANNOT SEEK OUT AND OBTAIN THE LOWER, MORE COMPETITIVE FEES. 1. BID RESIDENTIAL AND COMMERCIAL SEPARATELY If the City separately bids residential, multi-family and commercial services, does the City necessarily get the best fee and services for all customers ? Would the City lose some control of various aspects of the overall collection service if a second Contractor was awarded just the multi-family and commercial customers such as container appearance, container markings and advertising, site cleanliness, frequency ofpiclmps, container sizing, recycling efforts? 2. BII} COMBINEI} RESIDENTIAL AND COMMERCIAL By allowing a Contractor the combined volume of customers, does the City receive a better overall bid, both in cost and quality of service? Does a combined customer base provide the Contractor the financial justification for a more efficient level of administrative personnel such as field supervisors, call-takers, and/or customer service personnel? 3. BID TO INCLUI)E BOTH ALTERNATIVES By allowing both alternatives (1. and 2.) to be bid, can the City best determine the overall best bid and then make the appropriate selection? By bidding both alternatives, would the City best be able to determine the Contractor with the overall best ability to serve our entire city? 4. ALLOW MULTI-FAMILY AND COMMERCIAL CUSTOMERS TO SEEK OUT THEIR OWN SERVICE- CITY WOULD CEASE THE EXCLUSIVE FRANCHISE Would the City lose control of various aspects of the commercial container collection service such as container appearance, container markings and advertising, site cleanliness, frequency of pickups, container sizing, recycling efforts? The City would lose approximately $330,000 in fees on container customers. SOLID WASTE COLLECTION BID AIJTERNATIVES PROBLEM - RESIDENTIAL CONTAINERS (ROLL-OUT CARTS) COME IN VARIOUS SIZES, CONFIGURATIONS, AND QUAI,1TY. HOW DO WE GET TltE BEST QUALITY CONTAINER FOR TltE MONEY IF CONTRACTORS EACH HAVE TltElll OWN SPECIAL CONTAINER THAT THEY PREFER IN THEIR BID PACKAGES? THE CITY ITSELF COULD BID RESIDENTIAL CONTAINERS SEPARATE FROM THE COLLECTION BIDS · CITY COULD SELECT BEST CONTAINER · CITY COULD DICTATE WARRANTY TERMS · CITY COULD DICTATE MAINTENANCE TERMS · CITY WOULD HAVE TO COORDINATE CONTAINER BID WITH COLLECTION BID · CONTAINER BID MAY DELAY TI3dlNG OF COLLECTION BID THE CITY COULD PURCHASE THE CONTAINERS · BETTER FINANCING RATES THAN CONTRACTOR · NO SALES TAX · CHARGE CUSTOMER ONLY FOR PERIOD OF TIME NEEDED TO RECOVER COST (FIVE YEARS) OR CONTINUE TO CHARGE AND BUILD UP A RESERVE FOR NEXT PURCHASE · SUPPLIER WOULD DELIVER TO INDIVIDUAL HOUSEHOLDS · CITY WOULD HAVE TO WAREHOUSE REPLACEMENT CONTAINERS THE CITY WOULD SPECIFY THE CONTAINER TO BE SUPPLIED BY EACH BIDDER AND THE CONTRACTOR WOULD PURCHASE · CITY COULD SELECT BEST CONTAINER · CITY COULD DICTATE WARRANTY TERMS · CITY WOULD NOT RECEIVE BEST FINANCING RATES · CONTRACTOR WOULD INCUR SALES TAX · CITY COULD DICTATE THAT CUSTOMER WOULD BE CHARGED ONLY FOR PERIOD OF TIME NEEDED TO RECOVER COSTS OR CONTINUE TO CHARGE CUSTOMERS AND BUILD A RESERVE FOR NEXT PURCHASE · CITY WOULD NOT INCUR ANY LONG-TERM DEBT · CONTRACTOR WOULD BE REQUIRED TO WAREHOUSE REPLACEMENT CONTAINERS · CONTAINER SELECTION MAY DELAY TIMING OF COLLECTION BID Note: Those present customers using curbside bags in certain areas will not use rollout carts, they will continue to use curbside bags. [ITY I]F [IELRAY BEI:ICH CITY ATTORNEY S OFFICE ' Wrimr's Dffect L~e: (~) 243-7~1 DE[RAY BEACH AII.Amedca Cty ~MO~~ DATE: Febma~ 9, 1996 1993 TO: Ci~ Co~ission FROM: Susan A. Ruby, Ci~ Attorney SUBJECT: U.S. Marshal's Prope~y (200 S.E. 10th S~eeO I have been in contact with the U.S. Marshal's office relative to the contract and sale of the above-stated property. The U.S. Marshal's office has informed me that the property has two mortgages, one for $150,000.00 and one for $10,000.00. The U.S. Marshal is currently in litigation with the mortgage holders. The U.S. Marshal would not be satisfying these mortgages at closing, but would indemnify the City for the value of the mortgages, after the litigation is concluded, should that become necessary. The problem with this approach is that the title would not be insurable and thus, transferring the property at a later date would be problematic. In addition, the U.S. Marshal's contract calls for a quit claim deed which, due to the litigation in this case, would not provide sufficient warranty of title to the City. The U.S. Marshal's office's rules provide that appraisals on the property will not be released. Thus, if the City should desire to purchase the property, the City would need to bear the cost of the appraisal. In addition to the appraisal, environmental inspections must be conducted on the site at the City's cost. I have received a letter regarding a neighboring property owner's interest in the purchase of the site (which is attached for your information). In addition, it is my understanding that another party may also be interested in the site. City Commission February 9, 1996 Page 2 In light of these additional facts, I thought it prudent to bring the issue of the City's purchase of the property before you once more prior to entering into a contract for the property. By copy of this memorandum to David Harden, City Manager, our office request that this matter be placed on the City Commission Workshop of February 13, 1996 for discu~ SAR~cf ~ i Attachment cc: David Harden, City Manager Y~ Alison MacGregor Harty, City Clerk marshal, sar The Prudential Florida Realty 1185 E. Atlantic Ave. Delray Beach, FL 33483 (407) 278-0300 Fax (407) 243-3811 February 9, 1996 city Council C/O Ms. Susan Ruby City Attorneys Office 200 N.W. 1st Avenue Delray Beach, FL 33444 Re: Purchase Offer for 1101 Miami_ Avenue and 200 S.E. lOth Street, Delray Beach, Florida Dear Ms. Ruby: I am delivering this notice on behalf of my client who intends to buy the above mentioned property. We have been in contact with the U.S. Marshall's Office and are aware of the existing problems with the site. It is the intent of my client to improve the property to standards acceptable to the City. This party currently owns the adjacent property at 112 S.E. 10th Street; which if you may know is the most well cared for property on the block. Their intent is to do the same with the subject. I am in receipt of a $10,000 deposit for this transaction. Please convey this to the City Council for their upcoming meeting. Please call my office with any questions that you may have. ResPe~t~ul ly~, /~Daryl G. Bush RealtorDGB/lb ~i ©F~ [-~ ~ ~ [~--~i~9~5 Over Six~ Offices Sewing Florida Statewide ~ JndependenUy ~n~ and Operated Mem~r of ~e P~den~al Re~ Estate A~liates, Inc. ~ ~