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12-20-88 Regular CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - CITY COMMISSION December 20, 1988 7 P.M. AGENDA Commission Chambers Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. PROCEDURAL ITEMS 4. Comments and Inquiries on Non-Agenda Items from the Public. 5. Agenda approval. Action: Motion to approve. 6. Approval of minutes of'Special Meeting of November 29, 1988. PUBLIC HEARING 7. ORDINANCE NO. 156-88: An Ordinance designating Marina Historic District in the area between Atlantic on the north from the Intracoastal west to approximately 100 feet of Federal Highway extending southbound to 4th Street then eastward to the Intracoastal Waterway. (Continued from your December 13th meeting.) FIRST READING 8. ORDINANCE NO. 162-88: 777 North Ocean Boulevard Hearing January 10, 1989. An Ordinance designating as an historic place. If The Koch House, passed Public REGULAR AGENDA 9. CITY MANAGER EVALUATION: Consideration of management consultant to assist in City Manager's evaluation process. 10. ACCEPTANCE OF UTILITY EASEMENT FOR LIFT STATION 101: Acceptance of an easement from Hot Spa Fever, Inc. at approximately 1600 North Federal Highway and approve payment to owner. 11. ACCEPTANCE OF Acceptance of an from Consolidated UTILITY EASEMENT FOR WATER AND SEWER EXTENSIONS: easement at approximately 4650 West Atlantic Avenue Capital Trust. 12. ACCEPTANCE OF UTILITY Acceptance of an easement from Neil E. and Nellie B. EASEMENT FOR WATER AND SEWER EXTENSIONS: at approximately 4650 West Atlantic Avenue MacMillan. 13. SITE PLAN APPROVAL OLD SCHOOL SQUARE: Requesting site plan approval with parking variances and conditions as recommended by the Historic Preservation Board and Planning & Zoning Board. 14. MAYFAIR PLAZA administrative relief to employees at Mayfair Plaza, Highway). 15. CONSIDERATION OF ELECTION CHANGES TO CHARTER: COMPACT allow 885 AUTO PARKING SPACE: Request nine compact parking spaces for S. E. 5th Avenue (South Federal CONSENT AGENDA ....' 16. HOLIDAY PAGEANT PARADE: Chamber of Commerce has requested $3,000 to cover expenses for the Holiday Pageant Parade held on December 10, 1988. Funding is to come from Account 001-1111-511-33.81. 17. LEASE AGREEMENT - FLORIDA EAST COAST RAILWAY COMPANY: Appovalof modified lease agreement between the City and FEC which would increase the leased area for Parcel B from 12 feet to 18 feet. 18. BALANCE OF FUNDING - CONTINENTAL PLAYERS TENNIS CUP: Request for balance of $5,000 for the Continental Players Cup Tournament. 19. CHANGE ORDER NO.1 - ALLEN AVENUE: Approval of Change Order No. 1 for the installation of nine additional residential lot connections and a 2" lateral connection in the amount of $3,048.56. Funding is to come from Account 441-5161-536-60.66. 20. VACANT LOT LANDSCAPING Authorization to proceed. 5TH AVENUE TO 12TH AVENUE: 21. RESOLUTION NO. 73-88: A Resolution abandoning a portion of a drainage easement which has been replaced by a new easement for drainage facilities in Waterford Village Subdivision. 22. RULES AND REGULATIONS - HISTORIC PRESERVATION BOARD: Approval of Rules and Regulations modified pursuant to the adoption of Ordinance No. 153-88. 23. AWARDS OF BIDS AND CONTRACTS: A. Six 1989 Ford Taurus - Florida State Contract to Don Reid Ford of Maitland - $59,874 with funding to come from Account 001-2115-521-60.84. B. Nine Ford Crown Victorias - Ford, Tampa $101,709 with 001-2117-521-60.84. State Contract to Bill Currie funding to come from Account C. Amendment to Engineering Services Post, Buckley, Schuh and Jernigan- Water & Sewer Fund Accounts. Contract/Water & Sewer Funding to come from various D. Engineering Services Agreement - Gee & Jenson. Funding to come from General Fund and Capital Improvement Accounts. E. Interim Pump Installation - Golf Course Bids are to be opened at 3:00 p.m, Friday, December 15th. More information will be given at the meeting Tuesday night. 24. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager 12-20-88 -2- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA REPORT - MEETING OF DECEMBER 20, 1988 DATE: December 16, 1988 PUBLIC HEARING Item No. 7 (Ordinance No. 156-88) This item was continued at your December 13th meeting. This is an Ordinance d~signating the Marina District as an Historic District. The Marina District is bounded by East Atlantic Avenue on the north; S.E. 4th Street on the South; the Intracoastal Waterway on the east. The western boundary is S.E. 7th Avenue from E. Atlantic Avenue, south to S.E. 1st Street (excluding lots 12 through 21 in block 125), west on S.E. 1st Street to the alley in the middle of block 118, south through block 119 and the east half of block 120. The Marina District is comprised on 51 contributing buildings (built between 1922 and 1943) and 45 non-contributing buildings. Recommend approval of Ordinance No. 156-88 establishinq the Marina Historic District. FIRST READING Item No. 8 (Ordinance No. 162-88) This is a first reading of designation The Koch House as a local historic place. The Historic Preservation Board at it's November 29th meeting recommended that the Koch House located at 777 N. Ocean Boulevard be added to the Local Register of Historic Places. Recommend approval of Ordinance No. 162-88. REGULAR AGENDA Item No. 9 City management consultant performance. Manager's Evaluation. Consideration of hiring a to assist in evaluating the City Manager's Item No. 10 Acceptance of Utility Easement for Lift Station 101. In 1983 the owner of the Hot Spa Fever Motel received approval and constructed a sanitary lift station with sewer main, manhole and other appurtenances to service the motel. This project was approved by the Department of Environmental Regulation in accordance with City requirements. At the time of approval and construction the station and appurtenances were to be turned over to the City with a pass through of funds to the owner that might be collected should other owners hook up to the system. Additionally the City was to have obtained an easement agreement. While trying to facilitate a request for hook up at the lift station it was discovered that no easement agreement or letter agreement was executed or approved for this lift station. The City has been maintaining the station with the owner paying the electrical bills. AGENDA REPORT Meeting of December 20, 1988 Recommend acceptance payment and waiver of unrecorded aqreements. of easement for lift station, authorize $5,000 connection fees for owner and void any previous Item No. 11 Acceptance of Utility Easement for Water and Sewer Extensions- Consolidated Capital Trust. With the acceptance of this and the MacMillian easement below, water and sewer main extensions on West Atlantic Avenue can be completed. This is part of the Barnett Bank project contracted with Onontario of Palm Beach, Inc. Recommend acceptance of utility easement. Item No. 12 Grant of Utility Easement for Water and Sewer Extensions- Neil E. and Nellie B. MacMillian. With the acceptance of this and one other easement, water and sewer main extensions on West Atlantic Avenue can be completed. This is part of the Barnett Bank project contracted with Onontario of Palm Beach, Inc. Recommend acceptance of utility easement. Item No. 13 Request for Site Plan Approval - Old School Square. Old School Square, Inc. represented by Jan Abell has requested approval oa a site and development plan for the Old School Square located on the northeast corner of E. Atlantic Avenue and Swinton Avenue, between Swinton Avenue and N.E. 1st Avenue. The 3.84 acres site consists of an elementary school with three historic buildings. . The site plan represents the end product for the property's redevelopment. There are two phases proposed for this redevelopment. Phase I includes rehabilitation of Building 1, replacing parking area along Swinton with landscaping; construction of covered walkway and fountain; demolition of a portion of Building 2; construction of parking and minor upgrading to meet code requirements. Phase II includes renovation of Building 2 to accommodate a 250 seat auditorium and restaurant; Renovation of Building 3 into a dance and exhibition building; construction of a clock tower 95 feet in height and completion of outdoor aesthetics. The Planning and Zoning Board at its October 24th meeting recommended approval contingent upon the following stipulations: 1. That firm arrangements for providing adequate off-street parking be in-place prior to advent of construction for Phase II. 2. That the patron drop-off area, off Swinton, not be included in Phase I work. 3. That platting be accommodated either by OSS or by the City as determined by the Commission. 4. That necessary variances by granted to accommodate the limited amount of on-site parking which is approved. 5. That the height of the clock tower by specifically approved by the Commission. 6. That a Certification of Appropriateness be granted by the Historic Preservation Board. - 2 - AGENDA REPORT Meeting of December 20, 1988 7. That agreements between the City and OSS regarding maintenance of grounds consider comments contained in this staff report as to ground cover and the ficus trees. The Historic Preservation Board at its December 16th meeting recommended approval of a request for parking variance to reduce the required on site parking from 30 spaces to 15. Alternatively OSS is requesting that the Commission reconsider the recommendation from the Planning and Zoning Board regarding the patron drop off area and that it be considered as part of Phase I renovations. A copy of the site plan is available for review in the Commission conference room. Recommend approval Inc. subject to recommendation for of site and development plan for Old School Square, the above stipulations and reconsideration of the proposed drop off area. Item No. 14 Request for Administrative Relief--Parking Mayfair Plaza. This is a request for an additional 200 square feet of parking to allow for nine compact auto spaces for employee parking at Mayfair Plaza. Previously a non-impacting site plan modification was processed for Mayfair Plaza. This involved adding a 20' x 41' addition and parking lot to accommodate the required parking for the center and additional spaces. Requests of this nature are typically processed through the Technical Advisory Committee for review and comment. Because holiday scheduling and in order to provide expedient service this item is before you for consideration. The Planning and Zoning staff have reviewed this request and finds no negative impacts related to this request. Recommend approval of Administrative Relief to provide nine compact spaces at the Mayfair Plaza continqent upon the findinqs of the Technical Advisory Committee. Item No. 15 Direction Regarding Proposed Changes to the City Charter. The Progressive Residents of Delray (PROD) are requesting consideration of changes to election procedures in the City. One of the suggested modifications is to expand the Commission from five to seven members, three of whom including the Mayor would be elected at large. The remaining four would be elected from each of four districts into which the City would be divided. Should the Commission wish to facilitate this request, the following items must be accomplished as shown: Ordinance Prepared for First Reading - January 10, 1989 Advertise caption 10 days prior to Public Hearing (January 13,1989) Second Reading and Public Hearing- January 24, 1989 Advertise ordinance in full giving notice of the question to be placed on the ballot, in the fifth and third week prior to week of the election. Recommend consideration of Proqressive Residents of Delray's request to amend the elections section of the Charter. - 3 - AGENDA REPORT Meeting of December 20, 1988 CONSENT AGENDA Item No. Commerce Pageant. 16 Request for Funds for Christmas Parade. The Chamber of is requesting the $3,000 previously budgeted for the Holiday Funds will come from the Special Events Account. Recommend approval of request for funds in the amount of $3,000 to be taken from Special Events Account #001-1111-511-33.81. Item No. 17 Revised Agreement Between the City and F.E.C. Railroad. The agreement between the City and F.E.C. requires modification as a result of the installation of barricades along Railroad Way located behind Power's Lounge. An additional 6 feet of Parcel B was required to provide for the installation of the barricade without placing it in the middle of Railroad Way. Recommend execution of revised aqreement between the City and F.E.C. Railroad extended the leased amount of Parcel B from 12 to 18 feet. Item No. 18 Request for Balance of Funding--Continental Players Tennis Cup. Mr. Glen Feldman, promoter of the tournament is requesting the balance of the $10,000 originally budgeted for this event. One payment of $5,000 was requested and approved at your November 22nd meeting. Recommend approval of request for $5,000 to the Continental Players Tennis Cup. Item No. 19 Change Order No. 1- Allen Avenue Water Main. This Change Order is for the installation of nine additional residential lot connections and a 2" lateral connection; a temporary and permanent service connection to Sandee's Restaurant; and a revised potable water tie-in on Federal Highway. This is an increase of $3,048.56 over the original contract amount. Funding is available in the Water and Sewer Fund Capital Outlay Sewer Systems/Mains and Lines Account No. 441-5161-536-60.66. Recommend approval of Chanqe Order No.1. Item No. 20 West Atlantic Avenue Beautification Vacant Lot Landscaping. Consider proposals to solicit bids and designate funding source to landscape vacant lots between 5th Avenue and 12th Avenue west. A summary of staff's recommendations is enclosed for your review. Item No. 21 (Resolution No. 73-88) This is a Resolution for the abandonments of a portion of a drainage easement in the Waterford Village Subdivision. This drainage easement was part of the ditch that served as an outfall for the storm sewers in the Lavers development. It was relocated and incorporated into the lake system as part of the Waterford Village project. New easements were dedicated on the Waterford Village plat therefore this easement is no longer required. Recommend approval of Resolution No. 73-88. Item No. 22 Board's Rules it's November Approval of Modification to Historic Preservation and Regulations. The Historic Preservation Board at 29th meeting voted to modify several sections of their - 4 - AGENDA REPORT Meeting of December 20, 1988 Rules and Regulations in conjunction with ordinance modifications passed at your December 13th meeting. The major changes included a modification to the text adding language which provides that, if the Board grants a motion for rehearing, public notice of the rehearing shall be given at the cost of the applicant. Recommend approval of the modifications to the Historic Preservation Board's Rules and Requlations. Item No. 23 AWARDS OF BIDS AND CONTRACTS: A. Six 1989 Ford Ford of Maitland 001-2115-521-60.84. Taurus - Florida State Contract to Don Reid $59,874 with funding to come from Account B. Nine Ford Crown Victorias Ford, Tampa $101,709 with 001-2117-521-60.84. - State Contract to Bill Currie funding to come from Account C. Amendment to Engineering Services Contract/Water & Sewer _ Post, Buckley, Schuh and Jernigan - Funding to come from various Water & Sewer Fund Accounts. D. Engineering Services Agreement - Gee & Jenson. Funding to come from General Fund and Capital Improvement Accounts. E. Interim Pump Installation Golf Course - Bids are to be opened at 3:00 p.m, Friday, December 15th. More information will be given at the meeting Tuesday night. - 5 -