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06-02-15 Regular Meeting Agenda Regular Commission Meeting Tuesday, June 2, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for Participation: 1. PUBLIC COMMENT : City Commission meetings are business meetings and the right to Generally, remarks by an individual will be limit discussion rests with the Commission. limited to three minutes or less . The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 2. SIGN IN SHEET : Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION : At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com REGULAR MEETING AGENDA ROLL CALL 1. PLEDGE OF ALLEGIANCE TO THE FLAG 2. APPROVAL OF MINUTES: 3. Motion to Approve the minutes of January 6, 2015 City Commission Regular Meeting. A. PRESENTATIONS: 4. th A. Lake Worth Drainage District 100 Anniversary June 15, 2015 th B. Delray Beach Community Redevelopment Agency 30 Anniversary June 30, 2015 Delray Beach Center for the Performing Arts Charrette Report C. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM 5. THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: CITY MANAGER'S RESPONSE TO PRIOR PUBLIC COMMENTS AND A. INQUIRIES. FROM THE PUBLIC. B. AGENDA APPROVAL 6. CONSENT AGENDA: 7. City Manager Recommends Approval A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Motion to Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting of April 16, 2015. SERVICE AUTHORIZATION NO. 12-07/CURRIE SOWARDS AGUILA B. ARCHITECTS FOR THE BEACH AREA MASTER PLAN: Motion to Approve Service Authorization No. 12-07 with Currie Sowards Aguila Architects (RFQ No. 12- 05) in the amount of $30,200.00 for professional architectural services relating to the Beach Area Master Plan project. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3), Professional Services. Funding is available from 334-4151-572-31.90 (General Construction Fund/Parks & Recreation/Professional Services). RESOLUTION NO. 22-15/NUISANCE ABATEMENT ON FIFTEEN (15) C. PROPERTIES: Motion to Approve Resolution No. 22-15 assessing cost for abatement action required to remove nuisances on fifteen (15) properties throughout the City of Delray Beach. PROCLAMATIONS: D. 1.None REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Motion E. to Accept the actions and decisions made by the Land Development Boards for the period May 4, 2015 through May 15, 2015. AWARD OF BIDS AND CONTRACTS: F. Motion to Approve a purchase award from Don Reid Ford in the amount of 1. $27,185 via a piggyback contract utilizing the Florida Sheriffs Association (FSA Contract #14-22-0904) for one (1) Ford Explorer for use by the Fire Department. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02, (C) (7), Utilizaton of Other Governmental Entities Contract. Funding is available from 501-3312-591.64-20 (Garage Fund: Machinery/Equipment/Automotive). REGULAR AGENDA: 8. FINAL SUBDIVISION PLAT AND WAIVER REQUEST/CHARLES PENMAN A. TH PATERSON PLAT LOCATED AT 504 N.W. 8 AVENUE: Consider approval of a th final subdivision plat for the property located at N.W. 8 Avenue; and consider a waiver request to reduce the lot frontage from the required 100 feet to the proposed 89.93 feet, and the lot width from the required 100 feet to the proposed 80 feet for the th property located 504 N.W. 8 Avenue. (Quasi-Judicial Hearing) B. FINAL SUBDIVISION PLAT AND WAIVER REQUEST/BIG SKINNY PLAT ST LOCATED AT 528 N.W. 1 AVENUE: Consider approval of a final subdivision plat stth for the property located on the west side of N.W. 1 Avenue, south of N.W. 6 Street; and consider a waiver request to reduce the lot frontage from the required 75 feet to the proposed 50 feet, and the lot width from the required 75 feet to the proposed 50 feet and the lot area from the required 9,500 square feet to 9,115 square feet for the ST property located 528 N.W. 1 Avenue. (Quasi-Judicial Hearing) FINAL PLAT APPROVAL/CHEROKEE PLAT: Motion to Approve a final plat for a C. four (4) lot single family subdivision being platted as Cherokee Plat located on the th southwest corner of Swinton Avenue and N.W. 8 Street. RESOLUTION NO.06-15/DEPOT SQUARE APARTMENTS:Motion to Adopt D. Resolution No. 06-15, vacating and abandoning a 30-foot wide public right-of-way known as N.W. 2nd Street located between Interstate-95 and the CSX Railroad associated with Depot Square Apartments. RESOLUTION NO. 08-15/HISTORIC INDUSTRIAL CENTER: Motion to Adopt E. Resolution No. 08-15 authorizing a Corrective Quit Claim deed in connection with the prior exchange of property at Historic Depot Square; and a Motion to Accept a Special Warranty Deed from Depot Industrial Center, LLC for the dedication of roadway nd located at Depot Road and N.W. 2 Street. BID AWARD (BID NO. 2015-44) AND ADVANCED APPROVAL OF FISCAL YEAR F. 2015 SPENDING GREATER THAN $25,000.00/ODUMS SOD, INC: Motion to Approve a bid award (Bid No. 2015-44) to Odums Sod, Inc. for Celebration Sod at Old School Square; and Motion to Approve annual spending to Odums Sod, Inc. in an amount not to exceed $65,000.00. Funding is available from various accounts. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year, and Section 36.02(C), Direct Acquisitions Method. CONTRACT AWARD/AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS, G. INC.: Motion to Approve a contract award to Aquifer Maintenance & Performance Systems via Martin County Contract No. RFB2012-2540, in an amount not to exceed $120,000.00 for the Production Well Rehabilitation Project (Project No. 2015-019). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), Utilization of Other Governmental Entities Contracts. Funding is available from 442-5178-536-68.14 (Water and Sewer Renewal and Replacement Fund: Renewal and Replacement Project/Other Improvements/Production Well Rehabilitation). CHANGE ORDER NO. 5/SEALAND CONTRACTORS CORPORATION FOR H. FEDERAL HIGHWAY BEAUTIFICATION: Motion to Approve Change Order No. 5 with Sealand Contractors Corporation in the amount of $19,607.96 for additional scope for the repair of pipe and roadway due to depressions, landscaping and trench drain revisions, addition of tree stand pipes with grate, and overrun of the pipe culvert contract line item, substitution of tree pit system and a fifteen (15) day extension of time; to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project (Project No. 2009-009). I. AMENDMENT TO TRIPARTY INTERLOCAL AGREEMENT/ RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY/ OLD LIBRARY SITE AND CHAMBER OF COMMERCE RELOCATION: Motion to Approve a Triparty Interlocal Agreement between the City, the Delray Beach Community Redevelopment Agency (CRA) and the Greater Delray Beach Chamber of Commerce for the Release of Right of Reverter Encumbering Real Property relative to the Old Library Site and Chamber of Commerce relocation. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING J. AUTHORITY BOARD: Nomination for appointment of one (1) regular member to serve on the Delray Beach Housing Authority Board to serve an unexpired term ending July 14, 2016. Based on the rotation system, the nomination for appointment will be made by Commissioner Katz (Seat #3). CITY ATTORNEY PERFORMANCE EVALUATION K. CITY MANAGER PERFORMANCE EVALUATION L. PUBLIC HEARINGS: 9. A. NONE FIRST READINGS: 10. A. NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 11. City Manager A. City Attorney B. City Commission C. MEMORANDUM TO:Mayor and City Commissioners FROM:Chevelle D. Nubin, City Clerk THROUGH:Donald B. Cooper, City Manager DATE:May 28, 2015 AGENDA ITEM 3.A. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: MOTION TO APPROVE MINUTES BACKGROUND City Commission is asked to approve the minutes of the January 6, 2015 City Commission Regular Meeting. RECOMMENDATION By motion, approve the minutes of the January 6, 2015 City Commission Regular Meeting. MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM 4.A. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: LAKE WORTH DRAINAGE DISTRICT 100TH ANNIVERSARY MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM 4.B. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY 30TH ANNIVERSARY PROCLAMATION MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM 4.C. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: DELRAY BEACH CENTER FOR THE PERFORMING ARTS CHARRETTE REPORT AVENUEDN E 2N AVENUESTN E 1 AVENUESTN E 1 AVENUE INTONWSH NORT AVED N 2NE AVE INTONWS AVED N 2NE AVE INTONWS $¤«± ¸ "¤ ¢§ #¤³¤± ¥®± ³§¤ !±³² Exterior Uses of Cultural Center Property Redevelopment Management Associates Delray Beach Center for the Arts chris brown, facilitator March 21, 2015 General Gordon Square London, United Kingdom Piazza Navona Rome, Italy Place Général Brossette Lyon, France Place de la République Paris, France Madrid, Spain Plaza Santa Ana Montevideo, Uruguay EntreveroPlaza de Bryant Park New York, New York Campus Maritus Detroit, Michigan Common Ground Indianapolis, Indiana Market Square (notice the seamless street and park) Pittsburgh, Pennsylvania The Porch, a former parking lot between two streets Philadelphia, Pennsylvania Paley Park (small urban infill park) New York City, New York AMENITIES Elements ACCESSIBLITY ATTRACTIONS Elements ACCESSIBLITY Elements FLEXIBLE DESIGN IMAGE AND IDENTITY let’s imagine Delray Beach Center for the Arts a visioning to icharrette st April 28, 2015 Pittsburgh, Pennsylvania Delray Beach Center for the Arts Chris Brown, facilitator April 28, 2015 The Porch, a former parking lot between two streets Philadelphia, Pennsylvania Campus Maritus Detroit, Michigan Front Lawn Avenue restaurants to have a small nd Front Lawn Avenue becoming st one seamless continuum, permanently or temporarily closing the street for pedestrians only. Front Lawn Front Lawn Keep the Christmas tree while Provide onstreet temporary and limiting the number of events. handicap parking NE NE Connection of the and Pedestrian Connections Create a midblock cross walk More entrances Enhanced visibility to improve access Pedestrian activated crosswalk to access the square. intersection of Atlantic NE improved pedestrian walkway. be reintroduced and open to traffic to reinforce the grid network and enhance pedestrian connections same hardscape as the park. Plaza can be driven on when needed in the Allow the space to be a social place all during events. Ensure diversified programming. in the flexible in order to accommodate gatherings and meetings for all types of community groups. need to be on the north and south side of the cultural center in order to activate all sides. seating at corners of square. Create small areas for socializing throughout space. Lighting of buildings and lighting in open spaces Lighting needs to be enhanced and more prominent. Lighting needs to be visually appealing and blend with the space. in the Bring pedestrians in from sidewalk along Atlantic Avenue by making the sidewalk a part of the square. Green, hardscape and lawn More hardscape needed, preserve greenspace, existing trees and space for wildlife. Lighting of buildings and lighting in open spaces Use the Cornell Museum. Light up the buildings of the cultural center boldly so that they become the center of town and the brand for the city. Green, hardscape and lawn Design heritage, perhaps a Zen rock garden. Green, hardscape and lawn Incorporate shade trees, umbrellas, and sails for shade. Arts Garage The ground floor of the garage is currently for utilities and valet parking, it needs to be activated. The ground floor of the garage should open up to the park and be more accessible. May require remodeling part of the garage. Consider the ground floor of the garage containing a coworking space, restaurants, or other active uses. The ground floor of the garage is approximately Convert gravel on south side to a space with grass, trees, and places to sit. Certification The green area of the park is great for the green market, but events tend to destroy the grass and it looks poorly most of the time. The gravel area is a waste and should be incorporated together with the central grass area into some new design. Arts Garage Top of the garage could be a beautiful park with green roof. Portion of ground floor could be bicycle or motorcycle parking and maintenance facilities Arts Garage Recapture rainwater from garage or create cistern underneath footprint. Install a photo voltaic bank on the south side of the roof of the battery bank of sufficient size can power nighttime lighting for the park and other elements. 3D Mapping on walls of garage in between gaps. Incorporate screen on parkside of the garage or even a portable screen for movie nights. 3D mapping should be used on buildings throughout the space. Incorporate street. Concerts should remain a part of the redesign and reprogramming. Allow the backside of restaurants and business on Atlantic Avenue to the park and garage. Food carts on plaza could activate space Keep park largely a public space Utilize all nearby sources to activate space winter months Change city ordinance to allow street performers Public Art Incorporate sculptures, Delray Beach history, create a historic walk, and painted hardscape. Create a permanent space to showcase rotating art by use it as an opportunity showcase a different medium or artists. buildings. Green Market Primary hardscape, shade and pathways, uniformity and permanence for stalls. Events and Activities Delray Beach Center for the Arts April 28, 2015 Maintenance, Cleaning, and Management Maintenance of greenspace, fountain, and all elements Eliminate bathrooms from view Daylighting principals Xeriscape Drip Irrigation Use sustainably manufactured products MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: CITY MANAGER MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: CITY ATTORNEY MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: CITY COMMISSION MEMORANDUM TO:Mayor and City Commissioners FROM:Donald B. Cooper, City Manager DATE:May 18, 2015 AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB) ACTIONS BACKGROUND By a vote of 5 to 0, the South Central Regional Wastewater Treatment and Disposal Board approved the following actions: 1. Authorization to establish Wastewater User Rate at $1.062/1,000 Gallons (O&M Rate of $1.03/1,000 Gallons and R&R Reserves Rate of $0.032/1,000 Gallons) to Delray Beach and Boynton Beach for Year 2015/2016. 2. Authorization to establish Reclaim User Rate at $0.147/1,000 Gallons to Consumers in Delray Beach, Boynton Beach and South Central Regional for Fiscal Year 2015/2016. 3. Authorization to maintain the Reclaim User Rate for Hunters Run, Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2015/2016 at $0.2000/1,000 Gallons. 4. Authorization for the Fiscal Year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2015/2016. 5. Accepted the 2015/2016 Organizational Chart and Salary Ranges 6. Accepted the 2015/2016 Wastewater and Reclaim O&M Budgets. DISCUSSION This item is before the City Commission to ratify the actions of South Central Regional Wastewater Treatment and Disposal Board (SCRTWD) at their Quarterly Meeting of April 16, 2015. RECOMMENDATION Motion to approve ratification of the actions approved by the SCRWTD Board on April 16, 2015. MEMORANDUM TO:Mayor and City Commissioners FROM:Environmental Services Department THROUGH:Donald B. Cooper, City Manager DATE:April 13, 2015 AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: SERVICE AUTHORIZATION NO. 12-07/CURRIE SOWARDS AGUILA ARCHITECTS FOR THE BEACH AREA MASTER PLAN BACKGROUND Request consideration for approval of a Service Authorization (SA) No. 12-07 to Currie Sowards Aguila Architects in the amount of $30,200.00 for developing a conceptual drawing relating to the Beach Area Master Plan project, No. 15-008. The Beach Master Plan is a collaborative effort and unified vision conceived by the citizens and the City of Delray Beach for the future transformation of the beach district area. The idea for the master plan was initiated by the Beach Property Owners Association (BPOA) in early 2008 to address several objectives: (1) establish a sense of place through design elements (2) reflect the unique character of the beach neighborhood (3) complement the sense of place of the natural beach environment (4) develop plans to guide such as ongoing maintenance, landscaping, anticipated replacement and upgrades of existing amenities, future improvements and new features. The process of developing the Master Plan was fairly lengthy; the BPOA strove to make it a citywide effort to bring out the best ideas and to achieve a community consensus. The final acceptance by the City Commission was a two-step process: a workshop presentation on May of 2010 and followed by a formal Commission Meeting in August of 2010. The implementation of the Beach Master Plan began last summer with the replacement of the largest of the three beach pavilions. Last month, City Commission approved a bid award recommendation for the replacement of the two smaller gazebo structures located along State Road A1A; work is scheduled to begin this summer. To date, improvements have focused primarily on short and midterm goals. This task will synchronize all of the report recommendations; short, mid & long term into a conceptual plan. Upon Commission approval Currie Sowards Aguila Architects, based upon the referenced previous report, will develop a Conceptual Master Plan and provide a probable cost estimate of construction costs. The plan will include a variety of elements including paver systems, parking meter kiosk locations, site amenities, etc. Deliverables shall include graphic to-scale plans and character vignettes illustrating the proposed conceptual master design and character of key focal points. In addition to presentation boards for public display, Currie will provide a summary narrative report of the conceptual design along with an estimate of probable construction costs. The architect will also meet with City officials to discuss public input for the further development of the plan. The City utilized architectural consultants retained via RFQ No. 12-05 for our Capital Improvement Program. Currie Sowards Aguila Architects is retained by the City via RFQ No. 2012-05 (City Project No.12-056). The original agreement, with Currie Sowards Aguila Architects., was executed on February 22, 2012. An Amendment was executed in February 2, 2015 extending the agreement through February 2016. All of the aforementioned scopes of work are within the parameters of the original RFQ. Attachments include: 1) A copy of the Service Authorization No. 12-07 FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION Consider approval of a Service Authorization #12-07 with Currie Sowards Aguila Architects in the amount of $30,200.00 for professional architectural services relating to the Beach Area Master Plan project #15-008. TIMING OF THE REQUEST This service authorization is of high importance in order to proceed with conceptual designs and to meet Commission identified goals. This project is funded in the current CIP. FUNDING SOURCE Funding is available from 334-4151-572-31.90 (General Construction Fund/Parks & Recreation/Professional Services). RECOMMENDATION Through a motion, approve Service Authorization #12-07 with Currie Sowards Aguila Architects in the amount of $30,200.00 for professional architectural services relating to the Beach Area Master Plan project #15-008. MEMORANDUM TO:Mayor and City Commissioners FROM:Chevelle D. Nubin, City Clerk THROUGH:Donald B. Cooper, City Manager DATE:May 5, 2015 AGENDA ITEM 7.C. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: RESOLUTION NO. 22-15/ NUISANCE ABATEMENT ON FIFTEEN (15) PROPERTIES BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties if the assessments remain unpaid. DISCUSSION This item is before Commission to approve assessing costs for abatement action required to remove nuisances on fifteen (15) properties throughout the City of Delray Beach. RECOMMENDATION Recommend approval of Resolution No. 22-15. COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE OWNERASSESSMENT PROPERTY DESCRIPTION ADVANTAGE PLUS MORTGAGE, 238 SW 6th AVENUEINC. TOWN OF DELRAY LTS 32 & 33 BLK 15%MICHAEL J. MCGOEY PCN 12 43 46 16 01 015 0320639 EAST OCEAN AVENUE #101 CASE NO. NA 14-58724 BOYNTON BEACH, FL 33435 $ Invoice No. 39760140.00 $ Admin Fee55.00 $ Admin Fee25.00 $220.00 522 DAVIS ROAD CYNTHIA SHEA DELRAY SHORES LOT 3 BLOCK 2 522 DAVIS ROAD PCN: 12 43 46 07 01 002 0030 DELRAY BEACH, FL 33445 CASE NO. NA 14-56815$ Invoice No. 39761130.00 $ Admin Fee55.00 $ Admin Fee25.00 $210.00 575 ANGLER DRIVE DELRAY SHORES LT 25 BLK 2JEAN BAPTIST JOURDAN PCN: 12-43-46-07-01-002-0250PO BOX 10511 CASE NO. NA 14-59272RIVIERA BEACH, FL 33419 $ Invoice No. 39762187.50 $ Admin Fee55.00 $ Admin Fee25.00 $267.50 930 SOUTH OCEAN BOULEVARD FIDEL & DIANE MENDIGUREN SEAGATE EXTENSION LT 6 BLK 1 930 SOUTH OCEAN BLVD PCN: 12-43-46-21-08-001-0060 DELRAY BEACH, FL 33483 CASE NO. NA 14-58124 $ Invoice No. 39747198.00 $ Admin Fee55.00 $ Admin Fee25.00 $278.00 2001 N FEDERAL HIGHWAY 4-46-43, TH PT OF WLY 166.40 FT OF S 403.4 FT OF PD LEN DELRAY, LLC W 1/2 OF SW 1/4 OF SE 1/4 & ELY 131.42 FT OF SLY C/O PARAMOUNT RESIDENTIAL, 144 FT OF SE 1/4 OF SLLC PCN: 12-43-46-04-00-000-50703835 NW BOCA RATON BLVD # 300 CASE NO.: NA 14-57883BOCA RATON, FL 33431 $ Invoice No. 39741233.00 $ Admin Fee55.00 $ Admin Fee25.00 $313.00 N FEDERAL HIGHWAY 4-46-43, TH PT OF WLY 155.89 FT OF S 403.4 FT PD LEN DELRAY, LLC OF W 1/2 OF SW 1/4 OF SE 1/4 & E 49.11 FT OF C/O PARAMOUNT RESIDENTIAL, NLY 171.24 FT OF S 403.4 FT LLC PCN: 12-43-46-04-00-000-5050 3835 NW BOCA RATON BLVD # 300 CASE NO.: NA 14-57884 BOCA RATON, FL 33431 $ Invoice No. 39739233.00 $ Admin Fee55.00 $ Admin Fee25.00 $313.00 RES NO. 22-15 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES 920 NE 8TH AVENUE #B DORINA BOGATU SOPHIA FREY ADD LT 18 BLK 3 2175 PARK PLACE PCN: 12 43 46 09 16 003 0180 BOCA RATON, FL 33486 CASE NO. NA 1457886 $ Invoice No. 39750161.50 $ Admin Fee55.00 $ Admin Fee25.00 $241.50 210 SW 3RD AVENUE RESUB OF S 1/2 OF BLK 38 & N 1/2 OF BLK 39, DELRAY BCH LTS 1 & 8 BLK 39 SEAN & JOSEPHINE M. HACKNER PCN: 12 43 46 17 07 039 00102012 NW 4TH AVENUE CASE NO. NA 14-57899DELRAY BEACH, FL 33444 $ Invoice No. 39742199.00 $ Admin Fee55.00 $ Admin Fee25.00 $279.00 DEUTSCHE BANK NATIONAL 914 SW 1ST STREETTRUST LINCOLN PARK, DELRAY E 1/2 OF LOTS 1 & 2C/O AMERICAS SERVICING CO. PCN: 12 43 46 17 38 000 00113476 STATEVIEW BLVD CASE NO. NA 14-57927FORT MILL, SC 29715 $ Invoice No. 39744150.00 Admin Fee $55.00 Admin Fee $25.00 $230.00 SPANISH TRAIL KATHARINE D. MARTENS TROPIC ISLE 3RD SECTION LOTS 411 & 412 589 DEERFIELD DRIVE PCN: 12 42 46 12 12 004 0131 MELBOURNE, FL 32940 $ Invoice No. 39798250.00 CASE NO. N14-58937 $ Admin Fee55.00 $ Admin Fee25.00 $330.00 402 SE 4TH AVENUE GARY ALBANESE & JOSE GARCIA OSCEOLA PARK LTS 5 & 6 (LESS S 64.77 FT) BLK 4 402 SE 4TH AVENUE PCN: 12 43 46 21 01 004 0051 DELRAY BEACH, FL 33483 $ Invoice No. 39800150.00 CASE NO. NA 14-59260 $ Admin Fee55.00 $ Admin Fee25.00 $230.00 2213 & 2215 NE 3RD AVENUE SEACREST PARK LOT 13 BLOCK 11MARIE FRANCOIS PCN: 12 43 46 04 21 011 0130563 NW 46TH AVENUE CASE NO. NA 60665DELRAY BEACH, FL 33445 $ Invoice No. 39889193.00 $ Admin Fee55.00 $ Admin Fee25.00 $273.00 549 CORTEZ LANELARRY R. NIELSEN DELRAY SHORES LOT 14 BLOCK 4549 CORTEZ LANE PCN: 12 43 46 07 01 004 0140DELRAY BEACH, FL 33445 $ Invoice No. 39890171.50 2RES NO. 22-15 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES $ Admin Fee55.00 $ Admin Fee25.00 $251.50 221 & 223 SW 12TH AVENUECRA ATLANTIC GARDENS DELRAY LOT 6 BLOCK 7 ATTN: LORI HAYWARD PCN: 12 43 46 17 23 007 006020 N. SWINTON AVENUE CASE NO. NA 14 - 61211DELRAY BEACH, FL 33444 $ Invoice No. 39977151.50 $ Admin Fee55.00 $ Admin Fee25.00 $231.50 5200 ESTATES DRIVE THE ESTATES LOT 1 & 50 FEET ABND HAMLET SUNSHINE STATE LAND TRUST DRCO R/W LYG S OF & ADJ THERETO BLOCK 1TRUST NO. 000083 PCN: 12 42 46 24 15 001 0010175 SW 7TH STREET STE 1514 CASE NO. NA 14 - 61577MIAMI, FL 33130 $ Invoice No. 39978170.00 $ Admin Fee55.00 $ Admin Fee25.00 $250.00 VIOLATIONIS:SECTION100.01Α\[!b5TOBEKEPTFREEOFDEBRIS,VEGETATION,AND MATTERCONSTITUTESHAZARDS;DECLAREDNUISANCE 3RES NO. 22-15 MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM 7.D. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: PROCLAMATIONS MEMORANDUM TO:Mayor and City Commissioners FROM:Planning and Zoning Department THROUGH:Donald B. Cooper, City Manager DATE:May 18, 2015 AGENDA ITEM 7.E. -REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. DISCUSSION Site Plan Review and Appearance Board Meeting of May 13, 2015 A. Approved (4 to 1, Alice Finst dissenting and Terra Spero and Roger Cope absent), an amendment to Martier, the blanket sign program to allow modifications to the wall sign for located withinan existing th commercial center, on the north side of East Atlantic Avenue, east of NE 4 Avenue (411 East Atlantic Avenue). B. Approved (5 to 0, Terra Spero and Roger Cope absent), a Class I site plan modification associated AT&T at with the replacement of non-stealth roof-top telecommunication antennas and equipment for the Palm Court Plaza , located at the southwest corner of Linton Boulevard and Military Trail (5130 Linton Boulevard). C. Approved with conditions (5 to 0, Terra Spero and Roger Cope absent), a Class I site plan modification and architectural elevation for Harbors Edge, associated with the installation of a Harbours Edge temporary pre-fabricated mobile kitchen trailer at , located at the northwest corner of Linton Boulevard and the Intracoastal Waterway. D. Postponed with direction (4 to 0, Andrew Youngross stepped down and Terra Spero and Roger Ligotti Medical Office, Cope absent) the architectural elevation plan for a proposed medical office ththth building, located at the southwest corner of SE 6 Avenue and SE 4 Street (402 SE 6 Avenue). E. Approved with conditions (5 to 0, Terra Spero and Roger Cope absent), a Class V site plan, Delray Preserve landscape plan and architectural elevation plan for , located on the east side of North Federal Highway, approximately 460 feet north of Allen Avenue and between Autonation Volvo Delray and the Kokomo Key Subdivision. Historic Preservation Board Meeting of May 6, 2015 1. Approved (7 to 0), requests for waivers associated with the relocation of structures on-site and the th 219 SE 7 Avenue partial demolition prior to the issuance of a building permit at , within the Marina Historic District. The specific waiver requests are as follows: i. Waiver to LDR Section 4.5.1(E)(6)(a)2., Relocation, to permit the issuance of a building permit for the relocation of structures prior to the issuance of a building permit for the HPB approved redevelopment of the site. ii. Waiver to LDR Section 4.5.1(E)(7), Demolition, to permit the issuance of a building permit for partial demolition of structures prior to the issuance of a building permit for the HPB approved redevelopment of the site. 2. Approved (7 to 0), a request for a Certificate of Appropriateness associated with a one-story addition st 123 NE 1 Avenue to a contributing structure, located at , within the Old School Square Historic Arts District. 3. Approved with conditions (6 to 0, John Miller left the meeting), a request for a Certificate of Appropriateness for the new construction of a two-story, single-family residence on a newly created lot th 222 NE 5 Court at , within the Del Ida Park Historic District. 4. Approved (6 to 0, John Miller left the meeting), a Class V site plan and landscape plan associated with the adaptive reuse of a single-family residence to an office use, with associated site improvements rd 701 NE 3 Avenue including parking and landscaping at , within the Del Ida Park Historic District. Concurrently, the Board approved the following waivers: i. Approved (6 to 0, John Miller left the meeting), a waiver to LDR Section 6.1.3(D)(3) to reduce the required driveway width from 24 to 12 along the north property line and from 24 to 20 for the parking lot driveway aisle. ii. Approved (6 to 0, John Miller left the meeting), a waiver to LDR Section 4.6.16(H)(3)(d) to reduce the landscape strip along the north and east property line from 5 to 33 on the north property line and approximately 2 on the east property line adjacent to the railroad. iii. Approved (4 to 2, Ronald Brito and Price Patton dissenting, and John Miller left the meeting), a waiver to LDR Section 4.6.16(H)(3)(d) to reduce the landscape island at the north of the parking from 9 to a range from 3 to 7. TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) By motion, receive and file this report. Attachment: Location Map N CITY COMMISSION MEETING 00.250.51Miles APPEALABLE ITEMS PLANNING & ZONING JUNE 2, 2015 DEPARTMENT E 4 3 Rd Lake Ida 2 1 D A B C lvd n B Linto W SPRAB: HPB: A. MARTIER 1. 219 SE 7TH AVENUE B. AT&T AT PALM COURT PLAZA 2. 123 NE 1ST AVENUE C. HARBOUR'S EDGE 3. 222 NE 5TH COURT D. LIGOTTI MEDICAL OFFICE 4. 701 NE 3RD AVENUE E. DELRAY PRESERVE Document Path: S:\\Planning & Zoning\\DBMS\\GIS\\City Commission Maps\\City Commission Map 6-2-15.mxd MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM 7.F. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: AWARD OF BIDS AND CONTRACTS MEMORANDUM TO:Mayor and City Commissioners FROM:Environmental Services Department THROUGH:Donald B. Cooper, City Manager DATE:May 8, 2015 AGENDA ITEM 7.F.1 -REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: PURCHASE AWARD/ DON REID FORD FSA CONTRACT NO.14-22-0904 BACKGROUND Fire Department staff vehicle #200605, a 2006 Ford Expedition, was involved in an accident on April 29, 2015 and was declared a total loss by our appraisal company. Fleet is seeking approval to purchase a replacement vehicle, utilizing the Florida Sheriffs Association contract #14-22-0904. The Florida Sheriffs Association (FSA) has published annual vehicle contracts since November 1993, and is widely recognized as a competitive pricing contract utilized by cities, municipalities, and counties throughout the state of Florida. The Sheriffs Association employs a website based application for other governmental entities to utilize. Through the sites browser, all pertinent contracts, and addendums are viewable in .pdf format. The current year FSA contract #14-22-0904 (Police Rated, Administrative Vehicles, Light Trucks and Vans), valid until September 30, 2015, is comprised of a large number of vehicle specification choices and car, truck, and equipment dealers that have been awarded various specifications within the contract. The State of Florida is divided into four separate zones (north, south, central, and western). Each zone is awarded separately by bid; some specifications may be awarded to a single dealer in all four zones, while other specifications may be awarded to a single dealer, depending on the bid process. This vehicle purchase from FSA contract #14-22-0904 represents specification #25, a Ford Explorer from Don Reid Ford, ($27,185, Southern pricing). A dealer quote and letter ensuring lowest available pricing is included from Don Reid Ford. The outlined vehicle purchase, being from the Florida Sheriffs Association Contract #14-22-0904 meets with the requirements of the City Attorneys Office and City Purchasing Ordinance 29-13, Section 36.02, (C) (7). Attachments include: 1) Best pricing letter 2) Quote from Don Reid Ford 3) FSA 14-22-0904 Spec #25 Explorer 4) Purchasing Compliance Checklist (piggyback)-Don Reid Ford 20150424 DISCUSSION Consider approval of the purchase of one (1) vehicle from Don Reid Ford in the amount of $27,185 utilizing the Florida Sheriffs Association contract #14-22-0904. TIMING OF THE REQUEST Due to being later in the contract term, the ordering close out dates are rapidly approaching; timing is essential to receive approval for these vehicle purchases, so that orders can be placed prior to vehicle model being closed out for the model year. FUNDING SOURCE Funding is available from Garage Fund / Capital Vehicle Replacements 501-3312-591.64-20. RECOMMENDATION Through a Motion, recommending approval for the purchase of one (1) vehicle from Don Reid Ford in the amount of $27,185 utilizing the Florida Sheriffs Association contract #14-22-0904. Purchasing Compliance Checklist (Schedule A) ͸ For Utilization of other governmental entities contract: Agenda Item: Purchase Award / Don Reid Ford 36.02 (C)(7) attached. MEMORANDUM TO:Mayor and City Commissioners FROM:Planning and Zoning Department THROUGH:Donald B. Cooper, City Manager DATE:April 30, 2015 AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: FINAL SUBDIVISION PLAT AND WAIVER REQUEST/CHARLES PENMAN PATERSON PLAT LOCATED AT 504 N.W. 8TH AVENUE BACKGROUND The item before the Commission is the approval of a Final Plat and Waiver request for a single-family lot platted as Charles Penman Paterson Plat. The subject property is located on the east side of NW 8 Avenue, approximately 285 north of Lake Ida Road. The proposed plat consists of a combination of an abandoned 50 wide road right-of-way and a replat of Parcel B, Lake Ida Shores (PB 25, PG 54). The Planning and Zoning Board at its meeting of May 15, 2006 formally reviewed the abandonment matter at a Public Hearing and voted to recommend approval. The City Commission, at its meeting of June 6, 2006 approved Resolution No. 38-06 which formally abandoned the 50 wide right-of-way. The property is zoned R-1-AAA (Single-Family Residential) and PRD-4 (Planned Residential Development) with a LD (Low Density Residential, 0-5 du/ac) Future Land Use Map (FLUM) designation. The proposal is to combine the abandoned 50 wide right-of-way with Parcel B of the Plat of Lake Ida Shores into a platted single-family buildable lot. The proposed platted Lot will have a median lot frontage of 89.93, a lot width of 80, a lot depth of 210 and contain approximately 16,911 sq. ft. With respect to LDR Section 4.3.4(K), Development Standards Matrix Residential Zoning Districts, the minimum lot frontage for property zoned R-1-AAA (Single Family Residential) is 100, whereas 89.93 is proposed, and the minimum lot width is 100, whereas 80 is proposed. In order for the platted lot to be buildable under the current zoning designation, a waiver must be granted by the City Commission with respect to Lot Frontage and Lot Width. The plat dedicates a triangular ingress-egress easement in favor of the owner of Lot 13, Block 3 of Lake Ida Shores to accommodate a driveway encroachment at the northeast corner of the plat. No other easements will be required for this plat. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 2.4.5(K)(1), Minor Subdivision (Boundary Plat, Lot Split): Rule, the platting of a minor subdivision shall involve only the City Commission. The City Commission shall be the final authority in this subdivision process. The City Commission may approve or deny the final plat. Therefore, no additional Boards have reviewed the plat for recommendation. Plat Analysis: Pursuant to LDR Section 3.1.1, Required Findings, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Future Land Use Map: The subject property has a Future Land Use Map Designation of LD (Low Density, 0-5 dwelling units per acre) and is in the R-1-AAA (Single Family Residential) Zoning District. Within the R-1-AAA zoning district, conventionally sited single family detached residences are allowed as a permitted use. Concurrency: The addition of 1 additional dwelling unit will have a minimal impact on water and sewer demands, traffic, drainage and solid waste as it relates to their level of service standards. Both water th service and sewer service are available via connection to existing lines in NW 8 Avenue. Residential development, east of I-95, is exempt from traffic concurrency standards. No internal street system is th proposed with this development, as direct access is available from NW 8 Avenue. A $500 park impact fee will be required for the new residence at issuance of a building permit. Palm Beach County School District has approved the application for Concurrency Determination for 1 new single family residential unit. Consistency: The performance standards set forth in LDR Section 3.2.3, Standards for Site Plan and/or Plat Actions, shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix A, a positive finding for consistency can be made as it relates to Standards for Plat Actions. Land Development Regulations: The proposed Plat consists of a 50 abandoned right of way and a 30 wide parcel from the Lake Ida Shores plat of 1957 which was never developed. The resulting lot area consists of .39 acres (16,437 square feet). While the lot area and depth exceed the minimum requirements, the proposal does not comply with the minimum Lot Width or Lot Frontage required for properties zoned R-1-AAA. However, the proposed width is not inconsistent with other properties along th the streetscape, as there are seven other properties along the west side of NW 7 Avenue which have a lot width and frontage of 80. The parcel is located within the Lake Ida Overlay District which requires additional setbacks for multi-story residences, and provides maximum lot coverage for development. Therefore, development of the parcel will not negatively impact the character of the neighborhood as the width is compatible with other parcels and there are design requirements in place to assist in providing a compatible design. Based upon the above, positive findings with respect to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations can be made. WAIVER REQUEST: Pursuant to LDR Section 4.3.1(D), Application of District Regulations, no yard or lot existing at the time of the passage of this chapter shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after October 1, 1990 shall meet the minimum requirements established by this chapter unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. Notwithstanding the above, the City shall provide notice by mail of any such action before the City Commission. Notice shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred feet (500) of the perimeter of the property on which the action is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the City Commission. Formal Public notice has been provided to the owner of the subject property as well as to property owners within a 500 radius of the subject property. Letters of support and objection, if any, will be presented at the City Commission meeting. As previously stated, the proposal requires a waiver request to LDR Section 4.3.4(K) to reduce the lot frontage from the required 100' to 89.93', and to reduce the lot width from the required 100' to 80'. The applicant's waiver request letter is attached. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The subject property consists of two small, undevelopable parcels which will be combined with the intent of constructing a new single-family residence. The property is located within the Lake-Ida neighborhood in a small section zoned R-1-AAA, and abuts the Delray Lakes community which is zoned PRD (Planned Residential Development), while R-1-AA zoned properties are located across NW 8th Avenue. The majority of properties within the Lake Ida neighborhood are zoned R-1-AA, where the minimum frontage and width for an interior lot is 75'. Of the twelve other properties along the west side of NW 8th Avenue which are also zoned R-1-AAA, seven measure 75'-80' wide, with the balance measuring 90'-125' wide. Given the surrounding development patterns and adjacent zoning district, the waiver will not adversely affect the neighboring area in that the proposed lot frontage and width is not uncommon in this neighborhood or along NW 8th Avenue. The granting of this waiver will not impact the provision of public facilities, and an unsafe situation will not be created. The circumstances surrounding the vacant property are such that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Therefore, it is appropriate to approve the requested waiver as the proposed lot frontage and width is not inconsistent with other developed lots within the neighborhood. Courtesy Notices have been provided to the following groups and neighborhood associations: Delray Citizens Coalition Lake Ida Homeowner's Association The Planning Department has received letters of regarding the plat, and are included in the attachments. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION WAIVER: By motion, approve the waiver to LDR Section 4.3.4(K), Development Standards Matrix for the Charles Penman Paterson Plat, to reduce the lot frontage from the required 100 to the proposed 89.93', and the lot width from the required 100 to the proposed 80. FINAL PLAT: Move approval of the Final Plat for Charles Penman Paterson Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(K), Minor Subdivisions, Section 3.2.3, Standards for Site Plan and/or Plat Actions, and Section 3.1.1, Required Findings for Land Use and Land Development Applications, of the Land Development Regulations. April 27, 2015 Amy E. AAlvarez, AICPP Senior Pllanner Departmeent of Plannning and Zonning City of Delray Beach 100 NW 1st Avenue Delray Beeach, Floridaa 33444 Re: Plat Applicatiion for the Charles Penmman Patersonn Plat (ÑPlatÒÒ) RRequest for WWaiver pursuuant to LDR SSec. 2.4.7(B))(5) Dear Ms. Alvarez: This firmm represents the applicannt for the abbove Plat. IIn support oof the Plat appplication, pplease consider this a requeest for a waiiver of the ffrontage andd width requuirements as set forth inn LDR Section 44.3.4(K). wwidth for thee Plat is eighhty feet. A wwaiver, howeever, is both proper and necessary foor this The Lot applicatioon as set forth below: 1. TThe waiver does not adversely affect the neighboriing area. The grantt of a waiver wwill not adveersely affect the neighbooring area. In fact, thewaiver will allow this llot to th conform to the neigghboring areea. By revview of the thirteen loots comprisinng Northwest 8 three Avenue, only loots are confoorming to thhe required ffrontage andd lot width rrequirement. Of the remaaining lots noone exceed 880 feet of froontage. The waivver will alloow the consstruction of a single fammily home iin conformity of size too the neighborrhood arounnd it. To deny the waaiver would allow this llot to sit vaacant, preseenting already ppresent adveerse effects oon the neighhborhood, inncluding thee dumping oof trash, loiteering, and uninnvited access to Delray Laakes, the neiighboring coommunity. TThe waiver will not ssignificantlly diminishh the provvision of puublic faciliities. 2. The permmitted use foor the lot, as developed,is a single ffamily home of a size eqquivalent to those in the neighborhood.. There is noo unreasonabble demand of public utiilities in anyy form. 3. TThe waiver does not ccreate an uunsafe situuation. Alloowing the wwaiver will permit this lot too fall in confformity withh those lots aalready of eqqual size on the same strreet. There is no unsafe situation resuulting from thhe constructtion of a singgle family hoome on the lot. As discuussed innhibit above, thhe waiver wiill actually an already unsafe situation att the subject lot. The wwaiver and resuulting Plat aapproval willl allow theconstructioon of a singgle family hhome on thee lot, eliminating a vacant and unusablle tract of land, with no other currennt use. 4. The waiver will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Again, the waiver requests the same privilege which is already provided to over seven of this lotÔs immediate vicinity and along the same street. This th accounts for most of the lots along Northwest 8 Avenue. In sum, a waiver is both necessary and proper for the Plat. The waiver will allow the proposed use of this lot to conform to those in the neighborhood, and will allow the elimination of what is a current unsafe condition in the community. The applicant respectfully requests the waiver of the frontage and width requirements as set forth in LDR Section 4.3.4(K). Very truly yours, Cristofer A. Bennardo cc: The Paterson Family Trust Paul Engle 240.0000TERSON PLAT -- 05/06/2015 -- 12:34 PM -- Scale 1 :Z:\\Data\\Drawings\\GENERAL CADD\\Gxd\\CHARLES PENMAN PA OS gins Rd Wig R-1-AAA-B R-1-AAA PRD-4 R-1-AA N CHARLES PENMAN Subject Property PATERSON PLAT Zoning PLANNING & ZONING AERIAL ZONING MAP DEPARTMENT MEMORANDUM TO:Mayor and City Commissioners FROM:Planning and Zoning Department THROUGH:Donald Cooper, City Manager DATE:May 13, 2015 AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: FINAL SUBDIVISION PLAT AND WAIVER REQUEST/BIG SKINNY PLAT LOCATED AT 528 N.W. 1ST AVENUE BACKGROUND Big The item before the Board is the approval of a Final Plat for a single lot subdivision to be platted as Skinny. The subject property is located on the west side of NW 1 Avenue, south of NW 6 Street. The subject property is a residual parcel of land from Lot 11 of the original Model Land Companys Subdivision of Section 8, Township 46 South, Range 43 East as platted in Plat Book 1, Page 4 and measures 50 feet wide by 182.30 feet in length. The property is zoned R-1-AA (Single Family) with a LD (Low Density Residential, 0-5 du/ac) Future Land Use Map (FLUM) designation. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION Discussion Big The proposal is to plat the residual parcel of land to become a single lot subdivision known as Skinny . The proposed Lot will have a lot frontage of 50, a lot width of 50, a lot depth of 182.30 and a lot area of 9,115 square feet. The property previously contained a single family residence, that according to Palm Beach County Property Appraisers records was built in 1925. On July 14, 2014 a certificate of completion was issued for the demolition of the single family structure. On October 30, 2014, an application for construction permit for a single family residence was submitted to the Community Improvement Department. During the initial technical review it was identified that the lot did not meet the minimum lot dimensional requirements for R-1-AA zoned parcels. The proposed plat creates a one-lot subdivision. Vehicular Access will be from NW 1 Avenue through an existing driveway. Notifications of Utility Provider Forms have been received from all utility service providers stating that no easements will be required on this plat. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 2.4.5(K(1), Minor Subdivision (Boundary Plat, Lot Split) Rule, the platting of a minor subdivision shall involve only the City Commission. The City Commission shall be the final authority in this subdivision process. The City Commission may approve or deny the final plat. Therefore, no additional Boards have reviewed the plat for recommendation. Plat Analysis: Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Future Land Use Map The subject property has a Future Land Use Map Designation of LD (Low Density, 0-5 dwelling units per acre) and is in the R-1-AA (Single Family Residential) Zoning District. Within the R-1-AA zoning district, conventionally sited single family detached residences are allowed as a permitted use. Concurrency This action of the creation of a platted lot will have no impact on water and sewer demands, traffic, drainage and solid waste as it relates to their level of service standards as the site was previously occupied by a single family structure. Both water service and sewer service are available via connection st to existing lines in NW 1 Avenue. Residential development, east of I-95, is exempt from traffic concurrency standards. No internal street system is proposed with this development, as direct access is st available from NW 1Avenue. Since the existing home was constructed prior to February 23, 1982, no credit shall be issued and a $500 park impact fee will be required at issuance of a building permit. Palm Beach County School District has indicated that a determination of school concurrency is not required as the property was previously occupied by a single family residential unit. Consistency LDR Section 3.2.3 The performance standards set forth in (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix A, a positive finding for consistency can be made as it relates to Standards for Plat Actions. Land Development Regulations With respect to LDR Section 4.3.4(K), Development Standards Matrix Residential Zoning Districts, the minimum lot frontage and lot width for property zoned R-1-AA (Single Family Residential) is 75 where 50 is proposed. In addition, the minimum lot area requirement for property zoned R-1-AA is 9,500 sq. ft. where only 9,115 sq. ft. is proposed as depicted in the table below: Lot AreaLot WidthLot DepthLot Frontage (Square Feet) Interior/CornerInterior/Corner Minimum Required 9,50075/9510075/95 Proposed Lot 1 9,11550182.3050 In order for the platted lot to be buildable under the current zoning designation, waivers need to be granted by the City Commission with respect to Lot Frontage, Lot Width and Lot Area. The applicant has applied for these waivers to be approved concurrent with Final Plat approval. An analysis of the waiver requests is discussed below: WAIVER REQUESTS: LDR Section 2.4.7 (B)(5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), Application of District Regulations, no yard or lot existing at the time of the passage of this chapter shall be reduced in area or dimensions below the minimum requirements set forth herein. Lots or yards created after October 1, 1990 shall meet the minimum requirements established by this chapter unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. Notwithstanding the above, the City shall provide notice by mail of any such action before the City Commission. Notice shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred feet (500) of the perimeter of the property on which the action is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the City Commission. Letters of support and objection, if any will be presented at the City Commission meeting. As previously stated the proposal requires a waiver to LDR Section 4.3.4(K) to reduce the lot frontage, from 75 to 50, the lot width from 75 to 50 and the lot area from 9,500 sq. ft. to 9,115 sq. ft. The applicants waiver request and justification statement is attached. Pursuant to LDR Section 2.4.7(B)(5), prior to grating a waiver, the grant body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The subject property is a residual parcel of land from the original Model Land Companys Subdivision of Section 8, Township 46 South, Range 43 East as platted in Plat Book 1, Page 4. While the original Lot 11, Model Land Company has been divided into several new subdivisions, records of the property ownership have been submitted to reveal that the subject parcel description has remained unchanged since 1958. While newer subdivisions have been platted to conform and in most cases exceeds the minimum lot dimension requirements, this property has historically contained a single family residence. The proposed site improvements include a two-story single family residence measuring 2,712 square feet (under air) with a detached two-story 2-car garage located to the east of the proposed residence. Compliance with the Land Development Regulations Section 4.3.4(K) Development Standards Matrix and Section 4.3.3 Single Family Residential District is required, including the Lake Ida Neighborhood Overlay District requirements that pertain to additional building setbacks for multi-story residences, floor area ratios, building height, and sets a maximum lot coverage for development. Pursuant to LDR Section 4.1.4, Use of Lots of Record, any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: (A) Duplex and multiple family structures may not be constructed on a lot which has an area less than that provided for as the minimum lot area within the zoning district. (B) A residential structure shall not be constructed on any lot, within a residential zoning district, which has frontage of less than fifty feet (50'). However, this provision shall not prevent construction of a residential structure on a Single Family Lot (or Parcel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access for a single family residence and similar uses by means of a nonpublic (private) access easement. While the subject parcel is nonconforming with respect to the lot frontage, lot width and lot area, it does contains 50 feet of frontage which would allow for the construction of a single family residence if the property had been platted. However, since it was never platted it does not qualify as a lot of record and approval of the subdivision plat is required in order to be qualified as a lot of record. The granting of this waiver will not impact the provision of public facilities, and an unsafe situation will not be created. The circumstances surrounding the property are as such that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Therefore, it is appropriate to approve the requested waiver as the proposed lot has historically been utilized for a single family residence. Based upon the above, positive findings with respect to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Additionally, a positive finding with respect to LDR Section 2.4.7(B)(5) Waiver can be made. REVIEW BY OTHERS On April 2, 2015, the Development Services Management Group (DSMG) recommended approval of a st reduction of right-of-way for NW 1 Avenue to 50 feet along the frontage of the subject property. Additionally, pursuant to LDR Section 6.1.3(B)(3), DSMG recommended the payment of the in-lieu st fee for the installation of a 5 wide sidewalk along the frontage of the property on NW 1 Avenue. Should the plat and accompanying waiver be approved, the request regarding the sidewalk in-lieu fee payment will be scheduled for a future City Commission meeting. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Delray Citizens Coalition Lake Ida Property Owners Public Notice: Pursuant to LDR Section 4.3.1(D), formal public notice of the proposed waiver was provided to all property owners within a 500' radius of the subject property. The Planning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. OPERATING COST N/A FUNDING SOURCE N/A RECOMMENDATION WAIVER: By motion, approve the waiver to LDR Section 4.3.4(K), Development Standards Matrix for Big Skinny Plat, the to reduce the lot frontage from the required 75 to the proposed 50 and the lot width from the required 75 to the proposed 50 and the lot area from the required 9,500 sq. ft. to 9,115 sq. ft. Big Skinny FINAL PLAT: Move approval of the Final Plat for , by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments: - Reduced Plat and Survey - Location Map - Existing Street View Photo - Aerials of the Site Pre-Demolition - Lot Patterns Aerials and Tax Map Exhibits - Applicants Waiver Request Letter - Appendix "A" - Board Order NORTH Big Skinny Plat: 528 NW 1st Avenue NORTH Big Skinny Plat: 528 NW 1st Avenue Big Skinny Plat-Lot Pattern Exhibit A (Aerial: Adjacent Lot Patterns) NORTH Big Skinny Plat-Lot Pattern Exhibit A (Tax Map: Adjacent Lot Patterns) PROPERTIES W/LESS THAN MINIMUM SUBJECT PROPERTY NORTH MEMORANDUM TO:Mayor and City Commissioners FROM:Planning and Zoning Department THROUGH:Donald B. Cooper, City Manager DATE:May 11, 2015 AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: FINAL PLAT APPROVAL/CHEROKEE PLAT BACKGROUND The item before the Board is that of approval of a final plat for a four (4) lot single family subdivision Cherokee Plat. being platted as The subject property is located on the southwest corner of Swinton Avenue and NW 8 Street. The 1.25 acre subdivision is a replat of a portion of Lot 10, Model Land Companys Subdivision, according to the Plat thereof recorded in Plat Book 1 Page 4 of the Public Records of Palm Beach County, lying in Section 8, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The property contains a 2,966 sq. ft. (under air) single family home constructed in 1937. The site is zoned R-1-AA (Single Family Residential) and has a Future Land Use Map Designation of LD (Low Density). DISCUSSION The proposed development consists of subdividing a single family lot into four (4) single family lots. Lot 1 has a lot frontage of 95 wide by 154.50 long and contains 14,677 square feet. Lot 2 has a lot frontage of 95 wide by 121 long and contains 11,495 square feet. Lot 3 has a lot frontage of 79 wide by 121 long and contains 9,559 square feet. Lot 4 has a lot frontage of 79 wide by 154.50 long and contains 12,206 square feet. All new lots meet minimum lot standards with respect to the R-1-AA Single Family Residential zoning district as shown in the table below: RequirementStandardProvided Minimum Lot Size9,500 sq. ft.9,559 sq. ft. to 14,677 sq. ft. Minimum Lot Width75/95 *79/95 * Minimum Lot Depth100121 to 154.50 Minimum Lot Frontage75/95 *79/95 * Maximum Density5 units/acre4 units/acre *interior lot/corner lot st A new 10 general utility easement is being dedicated along the perimeter of the lots fronting on NW 1 th Avenue, NW 8 Street and North Swinton Avenue. Access to the lots can be taken directly from North thst Swinton Avenue, NW 8 Street or NW 1 Avenue. Additional right-of-way is being dedicated by thst Tract A; 18 feet for North Swinton Avenue, 7 feet for NW 8 Street and 6.5 feet for NW 1 Avenue. A thst 5-foot wide sidewalk will be constructed within the right-of-way for NW 8 Street and NW 1 Avenue with development of each single family. The existing sidewalk along North Swinton Avenue will remain. City staff has reviewed the plat and determined that all technical comments have been satisfied. It is noted that there was a condition of approval relating to the provision of a letter from Palm Beach County Traffic Division indicating that the project meets the traffic performance standards of Palm Beach County. Palm Beach County Traffic Division has confirmed that traffic performance standards review is not required for this project. FINDINGS -Major Subdivision Platting Pursuant to LDR Section 2.4.5(J)(5)Findings: The Planning and Zoning Board must make findings pursuant to Chapter Three on a preliminary plat. The City Commission must make a finding that the Final Plat is consistent with the findings associated with the preliminary plat. LDR Section 3.1.1 Pursuant to , prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations. REVIEW BY OTHERS On March 16, 2015, a preliminary plat and certification of a final plat for a four (4) lot single family Cherokee Plat subdivision being platted as was reviewed by the Planning and Zoning Board and the Board recommended approval (5-0 Jay Jacobson and Joseph Pike absent). A full analysis of the proposed preliminary plat, including the required findings, is provided in the attached Planning and Zoning Board staff report. Courtesy Notices have been provided to the following groups and neighborhood associations: Lake Ida President Delray Citizens Coalition The Planning Department has received one letter of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Cherokee Plat Move approval of the Final Plat for , by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachments: Location Map Aerial Photo Lot Patterns Exhibit A Reduced Plat Agents Letter of Consent to be placed on the Consent Agenda Planning & Zoning Board Staff Report of March 16, 2015 Planning and Zoning Board Excerpt Minutes of March 16, 2015 Letter of Opposition Cherokee Plat-Lot Pattern Exhibit A (Aerial: Lot Patterns along North Swinton Avenue) NORTH Cherokee Plat Lot Pattern Exhibit A (Tax Map: Lot Patterns along North Swinton Avenue) Lot 1 Lot 2 0.34 0.26 Lot 4 Lot 1 0.28 0.22 NORTH MEMORANDUM TO:Mayor and City Commissioners FROM:Planning and Zoning Department THROUGH:Donald B. Cooper, City Manager DATE:May 12, 2015 AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: RESOLUTION NO. 06-15/DEPOT SQUARE APARTMENTS BACKGROUND nd The proposed abandonment consists of a 30-foot wide public right-of-way known as NW 2 Street located between Interstate 95 and the CSX Railroad right-of-way. The right-of-way was dedicated by the Model Subdivision plat. The area to be abandoned measures between 8.98 feet wide to 10.80 feet wide and 399.17 feet long. DISCUSSION Pursuant to LDR Section 2.4.6(M)(1), public right-of-way dedicated to the City or to the Public may be abandoned. Abandonment of such right-of-way may be granted by a formal resolution enacted by the City Commission. The applicant proposes to dedicate right-of-way, 10 feet to the south, which will provide access to the remaining industrial parcel. The applicant indicates that the abandonment of the public right-of-way and subsequent dedication of right-of-way is due to a scrivenors error with the nd replat of the property and NW 2 Street. This dedication is being processed by the City Attorneys Office concurrent with the abandonment. The utility companies (Florida Public Utilities, AT&T, Comcast and FP&L) have been notified and have responded that they have no objections to the abandonment. Therefore, a positive finding can be made with respect to LDR Section 2.4.6(M)(5) and the request can be supported. REVIEW BY OTHERS The Planning and Zoning Board considered the proposed abandonment at its meeting of April 20, 2015 and unanimously recommended approval on a six to zero vote (Bird absent), with the following conditions: 1) Submit civil plans clearly indicating location of proposed right-of-way abandonment and right-of- way dedication. 2) Submit civil plans indicating location of existing and proposed utilities in area to be abandoned and area to be dedicated. 3) Provide legend for any hatching used. 4) Submit civil plans indicating location of all water and sewer easements to be dedicated and existing ones to be abandoned. Please indicate when this process will initiate. This will need to be taken to City Commission for final approval and prior to issuance of Building permits. 5) Submit civil plans indicating location of new drainage easements and tracks to be dedicated. Please indicate when this process will initiate. A copy of the recorded deed(s) will be required prior to issuance of Building permits. 6) Submit civil plans indicating location of all FPL easements to be dedicated and existing ones to be abandoned. A copy of the recorded deed will be required prior to issuance of Building permits. 7) Approval of the Fire Marshall 8) That the 40-foot radius be incorporated in the plan. The conditions of approval have been satisfied in additional reviews and approval by the Fire Marshall and Assistant City Engineer. All necessary easements have been shown and have been approved by the Engineering Division. Courtesy Notices have been provided to the following groups and neighborhood associations: Delray Citizens Coalition The Planning Department has received the attached letter of concern with the relocation of the road. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION By motion, approve Resolution No. 06-15 to abandon a road right-of-way that measures between 8.98 feet wide to 10.80 wide and 399.17 feet long as described therein, and finding that the request and approval thereof meets criteria set forth in Section 2.4.6(M)(5), of the Land Development Regulations. MEMORANDUM TO:Mayor and City Commissioners FROM:Noel Pfeffer, City Attorney DATE:May 21, 2015 AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: RESOLUTION NO. 08-15/HISTORIC INDUSTRIAL CENTER BACKGROUND On August 2, 2011 the City Commission adopted Resolution 30-11 vacating certain right-of-way in connection with the Historic Depot Plat pursuant to an Exchange Agreement entered into between the City and the Developer, Depot Industrial Center, LLC. The Developer recently discovered that the legal description for the vacated right-of-way contained certain scriveners errors. More specifically, the legal description in the prior City Resolution inadvertently made inaccurate references to certain monuments and dimensions, and as a result did not fully and accurately describe the property to be vacated. In order to correct the scriveners error, the City has prepared a corrective resolution based, in part, on affidavits of the surveyor who prepared the original legal descriptions with the inadvertent errors and the surveyor who discovered the scriveners errors. The corrective resolution also authorizes a Quit Claim deed from the City to the Developer with the correct legal description for the abandoned property. In order to fully correct the scriveners errors, the Developer shall also simultaneously convey to the City, by Special Warranty Deed, additional dedicated road right-of-way as referenced on the plat as Northwest Second Street. Finally, the Planning Department will present a companion item to this agenda item vacating a small area of right-of-way which is necessary to fully correct the prior exchange agreement resulting from the scriveners errors in the legal descriptions and with respect to the vacation of this specific property. RECOMMENDATION The City Attorney recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:Suzanne Davis, Director of Parks & Recreation THROUGH:Mr. Donald B. Cooper, City Manager DATE:April 23, 2015 AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: BID AWARD (BID NO. 2015-44) AND ADVANCED APPROVAL OF FISCAL YEAR 2015 SPENDING GREATER THAN $25,000.00/ODUMS SOD BACKGROUND Staff recommends a motion to approve: A bid award 2015-44 to Odum's Sod Inc. for Celebration Bermuda Sod at Old School Square. Utilization of the unit pricing from Bid 2015-44 for the purchase of Celebration Bermuda Sod for replacement sod at the Delray Beach Golf Club Driving Range. Annual spending to Odum's Sod, Inc. not to exceed $65,000 in accordance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". The City issued Bid 2015-44 for 20,000 square feet of Celebration Bermuda Sod for replacement sod at Old School Square Park. Three vendors attended the pre-bid meeting on April 15, 2015. On the due date of April 29, 2015, two vendors submitted bids. Odum's Sod Inc. is the lowest bidder. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36 Acquisition of Goods and Services and Disposal of City Property, Section 36.02 Methods of Acquisition (A) Sealed Competitive Method (1) Competitive Bids. The Delray Beach Golf Course is also in need of Bermuda sod for the driving range. Odum's will provide the additional sod needed at the same per unit pricing as the bid award. The City needs approximately 20,000 sq. ft. of sod for the Delray Beach Golf Club driving range and additional replacement sod as needed. Additionally, over the summer months Bermuda sod will also be needed in various worn areas throughout the City Park, Golf Courses and Stormwater areas. DISCUSSION The year-to-date spending for Odum's is $17,541. The estimated annual cost of the prior spending, the bid award and utilization of the bid pricing is approximately $65,000 for this fiscal year. By approving the recommended motion, the Commission is not waiving or overriding any provisions of the Citys purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02 (B), "Written Quotations Method"and36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple small purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REQUEST This item is time sensitive as it needs to be completed after the high usage season and before the temperatures are too hot to encourage rooting and growth. FUNDING SOURCE Various accounts including: Delray Beach Municipal Golf Course - 445-4761-572.63-40 and 445-4714-572.52-26 Beautification Trust Fund - 119-4144-572.52-26 Stormwater Utility - 448-5416-538.52-26 Parks and Recreation - 001-4131-572.52-26 RECOMMENDATION Staff recommends Commission approve: A bid award 2015-44 to Odum's Sod Inc. for Celebration Bermuda Sod at Old School Square. Utilization of the unit pricing from Bid 2015-44 for the purchase of Celebration Bermuda Sod for replacement sod at the Delray Beach Golf Club Driving Range. Annual spending to Odum's Sod, Inc. not to exceed $65,000 in accordance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". 9,000.00 27,200.0036,200.00 Total Price JSM SERVICES, INC. $ 59-3444761 $ $ 0.45 1.361.81 Unit Price $ $ $ SOD MATERIALS ANNUAL CONTRACT $ 7,200.00 7,000.00 14,200.00 Total Price ODOM'S SOD, INC. OLD SCHOLL SQUARE PARK Opening Date: 04/29/2015 CITY OF DELRAY BEACH $ Posted: 04/29/2015 65-0810895 $ BID #2015-44 $ 0.36 0.350.71 Unit Price $ $ Grand Total Federal I.D.# Estimated Quantity 20,000 PROPOSERS Installation (Needs to Celebration Bermuda include all specs and Item Description services provided) Grass (Sq. Ft) 1234 $10,000tounder$25,000 Bid Award 2015-44 to Odum's Sod Inc. and fiscal year to date spending authorization up to $65,000. MEMORANDUM TO:Mayor and City Commissioners FROM:Environmental Services Department THROUGH:Donald B. Cooper, City Manager DATE:May 7, 2015 AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: CONTRACT AWARD/ AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS, INC. BACKGROUND Request City Commission to consider an award with Aquifer Maintenance & Performance Systems, Inc. (AMPS) in an amount not to exceed $120,260.00, for the Production Well Rehabilitation project, P/N 2015-019. Seven raw water production wells have been identified for rehabilitation for this year. The Public Utilities Department programmed production well rehabilitation into the annual Capital Improvement Plan. The program allows staff to continue their annual rehabilitation program, focusing on wells exhibiting less than optimal pump delivery rates. The wells identified for this years rehabilitation are Wells #21, 22, 23, 24, and 26, referred to as the Twenty Series wells located in an area thth northeast of SW 10 Street and SW 15 Avenue, and Wells # 29 and 34, located at the Municipal Golf Course. Utilizing a competitive bid solicitation, Martin County awarded a three year contract to Aquifer Maintenance & Performance Systems, Inc. (AMPS) on July 23, 2012, RFB2012-2540, which included two additional one year renewal options. Martin County has exercised the renewal option; the contract is active through July 22, 2016. Utilizing the costs under the contact, AMPS has provided an estimate in an amount not to exceed $120,260 (7 wells at $17,180 per well). This recommendation is in compliance with Code of Ordinances, Section 36.02 (C)(7)(c), Utilization of Other Governmental Entities' Contracts. The vendor has submitted a letter attesting to the lowest pricing in the state (see attached). Attachments include: - Martin County contract #RFB2012-2540, Wellfield Performance Maintenance & Rehabilitation - Martin County renewal letter for #RFB2012-2540 (through June 22, 2016) - AMPS quote per #RFB2012-2540. - AMPS Best Pricing Letter - Purchasing Compliance Checklist (schedule A) FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before the City Commission is to consider an award with Aquifer Maintenance & Performance Systems, Inc. utilizing an active contract with Martin County, Florida, for services related to production well rehabilitation, at a cost not to exceed $120,260. TIMING OF THE REQUEST The approval of this item is of high importance, as periodic rehabilitation is necessary in maintaining optimum pump rates from the wells and supplying raw water to the City Water Treatment Plant. FUNDING SOURCE Funding is available from the divisions operating budget; 442-5178-536-68.14, Water and Sewer Renewal and Replacement Fund/ Production Well Rehabilitation. RECOMMENDATION By motion, approve an award to Aquifer Maintenance & Performance Systems, Inc. utilizing an active contract with Martin County, Florida (#RFB2012-2540), for performing rehabilitation services on raw water wells, at a cost not to exceed $120,260. MEMORANDUM TO:Mayor and City Commissioners FROM:Environmental Services Department THROUGH:Donald B. Cooper, City Manager DATE:May 8, 2015 AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: CHANGE ORDER NO. 5/SEALAND CONTRACTORS CORPORATION/FEDERAL HIGHWAY BEAUTIFICATION BACKGROUND Request City Commission to consider Change Order No. 5 to Sealand Contractors Corp. for additional scope related to the following: for the substitution of the tree pit paving system, repair of leaking drainage pipe joints and associated roadway depressions, landscape and trench drain revisions, addition of tree stand pipes with grates, overrun of the pipe culvert contract line item and a fifteen (15) day extension of time (mid September completion); in the net total amount of $19,607.96 to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project #2009- 009. On December 11, 2012, Commission approved a contract award (Bid #2012-21) to Sealand Contractors Corp., in the amount of $12,486,967.77. The scope of the project includes: general modifications to US-1, reconstruction of two (2) blocks north and south of Atlantic Avenue, milling and resurfacing; new decorative street lighting; bump-outs; drainage modifications; landscaping and irrigation; underground traffic signal interconnect system; signal loop replacement; and water main improvements. The contract includes an Undefined General Allowance of $500,000, which has a current balance of $104,797.56. Previously approved change orders include: On June 4, 2013, Commission approved Change Order No. 1 for construction and material testing, per Florida Department of Transportation (FDOT) specifications which require that the testing be provided by the contractor as opposed to the city contracting with an independent lab for this testing. The testing amount of $96,816.50 was funded out of the contract's Undefined General Allowance. On May 6, 2014, Commission approved Change Order No. 2 for a nine (9) day contract time extension; additional scope/materials to include: utility pipe, barricades and sinkhole repairs. The total cost, in the amount of $56,283.84, was funded out of the contract's Undefined General Allowance. On October 7, 2014, Commission approved Change Order No. 3 for additional work including the installation of water services to vacant properties, removal and replacement of a manhole and repair of leaking piping. The total cost, in the amount of $111,592.56, was funded out of the contract's Undefined General Allowance. On February 24, 2015, Commission approved Change Order No. 4 for additional work including the addition of a turn lane, the addition of a bike lane, four (4) additional signs, with a total contract time extension of thirty (30) days. The total net cost, in the amount of $130,509.54, was funded out of the contract's Undefined General Allowance. Change Order No. 5 is in compliance with Code of Ordinance, Chapter 3, Section 36.06 (A) (1) and (3). Attachments include: 1) Change Order 5 and Exhibits. 2) Allowance Spreadsheet. 3) Location Map. Due to FDOT and Palm Beach County requests there will be a Change Order No. 6 forthcoming to include, but not limited to additional pipe lining for existing drainage pipes, additional signalization items required, pedestrian pole features, conduits, signs, etc. DISCUSSION The item before City Commission is approval of Change Order No. 5 to Sealand Contractors Corp. for additional scope for the repair of pipe and roadway due to depressions, landscape and trench drain revisions, addition of tree stand pipes with grate, and overrun of the pipe culvert contract line item, substitution of tree pit system in the net total amount of $19,607.96 and a fifteen (15) day extension of time; to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project. TIMING OF THE REQUEST This item is time sensitive; contractor cannot proceed with new additional work items until approved by Commission. FUNDING SOURCE Cost to be funded out of the Contract's Undefined General Allowance; which has a current balance of $104,797.56. RECOMMENDATION By motion approve Change Order No. 5 to Sealand Contractors Corp. in the net total amount of $19,607.96 for additional scope for the repair of pipe and roadway due to depressions, landscaping and trench drain revisions, addition of tree stand pipes with grate, and overrun of the pipe culvert contract line item, substitution of tree pit system and a fifteen (15) day extension of time; to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project. MEMORANDUM TO:Mayor and City Commissioners FROM:Jack Warner, Chief Financial Officer Teresa Cantore, Treasurer THROUGH:Mr. Donald B. Cooper, City Manager DATE:May 7, 2015 AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: AMENDMENT TO TRIPARTY INTERLOCAL AGREEMENT/RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY/ OLD LIBRARY SITE AND CHAMBER OF COMMERCE RELOCATION BACKGROUND The purpose of the proposed Amendment to the Triparty Interlocal Agreement (attached) is to provide documentation supporting an amended Payment Schedule (attached), whereas the CRA includes an additional $1.0 million payment for FY2015. The additional payment, shown on Exhibit C of the Payment Schedule, represents an acceleration of three full out year and one partial out year payments shown on the Current Payment Schedule page. The end result is that the City receives its full $ 2.27 million principal in six years rather than in the originally scheduled 10 years; and, the CRA saves $ 201,000 in interest. The base documents is the original Triparty Interlocal Agreement for the Release of Right of Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation by and between the City of Delray Beach, the Delray Beach Community Redevelopment Agency (CRA) and the Greater Delray Chamber of Commerce (see Original Triparty Interlocal Agreement attached) . Both the City and the CRA have already reflected this additional $1.0 million in their respective approved FY 2015 budgets. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. TIMING OF THE REQUEST This amendment will support the actual transfer of funds already agreed by the parties, and approved by the Commission in the City's FY 2015 Budget. RECOMMENDATION Recommend approval of the attached Amendment to Triparty Interlocal Agreement between the City of Delray Beach, the Delray Beach Community Redevelopment Agency and the Greater Delray Beach Chamber of Commerce for the Release of Right of Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation. MEMORANDUM TO:Mayor and City Commissioners FROM:Mr. Donald B. Cooper, City Manager DATE:May 28, 2015 AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY BOARD BACKGROUND There is a vacancy on the Delray Beach Housing Authority Board, due to the resignation of Mr. Joseph Hepp. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 14, 2016. Nomination for appointment is needed for one (1) regular member. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the nomination for appointment will be made by Commissioner Katz (Seat #3) for one (1) regular member to serve on the Delray Beach Housing Authority an unexpired term ending July 14, 2016. DISCUSSION This item is before the City Commission for nomination for an appointment to the Delray Beach Housing Authority Board. TIMING OF THE REQUEST This item is not time sensitive. RECOMMENDATION Recommend nomination for appointment for one (1) regular member to serve on the Delray Beach Housing Authority Board for an unexpired term ending July 14, 2016. MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: CITY ATTORNEY PERFORMANCE EVALUATION MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:May 20, 2015 AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF JUNE 2, 2015 SUBJECT: CITY MANAGER PERFORMANCE EVALUATION