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03-13-02 SpMtgMARCH 13, 2002 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the First Floor Conference Room at City Hall at 6:08 p.m., Tuesday, March 13, 2002. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it has been called for the purpose of considering the following items: (l) RESOLUTION NO. 24-02/F.I.N.D GRANT: Consider approval of Resolution No. 24-02 seeking reimbursement from the Florida Inland Navigational District (FIND) in the amount of fgl0,000 for the construction of a pocket park, located at the end of SE 3~ Street abutting the Intracoastal Waterway, featuring a 50' seawall, signage, bench and garbage can along with informal, non-boat access to the Intracoastal Waterway for area residents. The City Attorney stated that this is a resolution before the City Commission which would allow the City to seek reimbursement from F.I.N.D. for the construction of a pocket park at the end of SE 3~ Street abutting the Intracoastal Waterway. It will provide informal non-boat access to the Intracoastal Waterway for area residents. The estimated cost of construction is fg20,000 and the City is seeking reimbursement of half this amount, which is fgl0,000 from F.I.N.D. The City Attorney requested that the Commission approve the resolution. In response to Mr. Perlman's inquiry as to whether or not Langton & Associates had any involvement with locating this grant, the City Manager stated Langton & Associates has had no involvement with this grant. Mr. Perlman moved to approve Resolution No. 24-02, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. (2) REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING: Consider approval of a request from Community Neighborhood Helping for financial support in the amount of $2,500 for their Glory Awards Event that will take place at Atlantic High School on May 11, 2002. The City Manager stated that most of the Commissioners have this information and are familiar with what Community Neighborhood Helping, Inc. is trying to do. The City Manager announced there is a representative present if the Commission has further questions about Community Neighborhood Helping, Inc. He commented that Community Neighborhood Helping, Inc. has done a lot in the community and any level of support would be appropriate. Mr. Wilson stated that Ms. Edith Thompson asked him to come and express to the Commission her request for prepaid expenses to lock in contracts, the chef, and the entertainment portion of the program. Mr. Perlman stated he had been involved in the pre-planning of this event and feels this is a great cause and great group. He continued to state that they helped the City of Delray Beach to win the "All-America City" Award. Prior to the vote, Mr. Levinson stated he was present at the formation meeting and Community Neighborhood Helping, Inc. has a great group of people organized to start the event. He stated although this award program will be held in Delray, it is not just for Delray residents. Mr. Perlman moved to approve request from Community Neighborhood Helping funding for financial support in the amount of $2,500, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. (3) BARWICK PROPERTIES: Direction concerning options on Barwick Road Properties which expire on March 18, 2002 and March 23, 2002. The City Manager stated that the Commission had previously discussed bringing Winter Place, which is the 40 acre piece of land in the northwest corner of this area, if brought into the City would generate some additional revenues to the City. The building permit fees and parks/recreation impact fees would amount to approximately $480,000 on the remaining development. The property taxes will be approximately $200,000 per year plus total taxes and other items that would arise. The property is serviced by the City utilities via the water service agreement with the property which requires annexation upon becoming contiguous with the City. The City Manager stated the City staff has continuously been working on this since the decision was made about the school site and have continued to look at options, evaluate what the City might do, and what the alternatives are. The City Manager recommended Option No. Four (4) and explained that this gives the City the maximum amount of control over what happens. In addition, it gives the City the ability to have a park site on some of the lands that have the most trees, facilitate development of some modern income housing, and possibly conduct land trades. He stated there are a lot of things the City could do without over extending itself financially. -2- 03/13/02 The City Manager suggested that the City exercise the options on all the parcels except seventeen (17) and eighteen (18). Environmental audits have been done on parcel seventeen (17). The City Manager stated it may cost approximately $10,000-$50,000 to clean up environmental problems on parcel seventeen (17). In response to Mr. Perlman's inquiry as to whether Phase I has been done on parcel seventeen (17), the City Manager replied that this is a result of Phase Two (2). The City Manager stated there is one other parcel that will cost approximately $5,000 to clean up soils. Mrs. Archer inquired as to whether it is worth consideration of parcels seventeen (17) and eighteen (18) to have access from Military Trail to Barwick Road. In response, the City Manager stated it could be developed with existing rights-of-way if the other parcels of land are purchased. Mr. Perlman stated that the City should tie up all of the parcels. He stated this is a rare opportunity, and the City should make a bold move now, do this, and have some flexibility for housing, which he has spoken about since getting elected. Mr. Perlman stated that he does not feel it will be a problem selling some of the parcels so any financial strain would be temporary. He stated he thinks there would be a lot of interest in developing in that area of the City. The City Manager stated that Continental Homes has contacted the City, as well as someone who is interested in Military Trail frontage. In addition, the City has spoken with a developer that would build in the desired price range for moderate cost housing. Mrs. Archer stated that because the water service agreement with the property requires annexation upon becoming contiguous with the City, she feels the City should acquire all of the parcels except 17 and 18. Ms. McCarthy inquired about what is considered moderate price housing today in Delray. In response, the City Manager stated staff has discussed the range being $120,000-$150,000. Mr. Levinson stated that he agrees the City should tie up some of the land, but he is not sure the City needs parcels seventeen (17) and eighteen (18). He expressed concern when the City Manager stated that Option Five (5) which includes all of the parcels, would start to potentially create a temporary financial issue for the City. He is less interested in parcels seventeen (17) and eighteen (18) than in parcels one (1) through eleven (11). Mayor Schmidt expressed concern that if the City buys the other parcels they would be contiguous to the City once the other parcels are annexed into the City and feels these parcels would eventually be annexed into the City as well. The City Manager commented it concerns him that parcel eighteen (18) is the highest priced on a per acre basis. This price is even higher than the Military Trail frontage. He explained that lot five (5) is not included and, as far as the financial issue is concerned, he calculated $4.5-$5 million dollars being available on the assumption that the City would not have to pay out all of the money for the Tare properties, the Beach Re-nourishment Project, and this before any of it turned over. There is a good chance some of it will turn over, and if it does not, we can borrow internally. -3- 03/13/02 He stated that he wanted the Commission to be aware of this, and the City does not have the money, therefore, we have to get it from somewhere. Mr. Pertman stated he thinks it is a good investment and the cost is pretty reasonable right now. The City will get the money back quickly in terms of creating housing stock that we desperately need. He mentioned that the City is losing a lot of residents to the West Boynton and West Boca areas. There is no where for the residents to step up to unless the City wants to double the cost of living. Mr. Perlman stated the City has waited for something like this and feels we should do it. Mrs. Archer questioned why parcel eighteen (18) or seventeen (17) is so costly. The City Manager replied the cost of environmental cleanup has been added on to parcel seventeen (1'7), but it is in the same price range as several other parcels. Mrs. Archer stated she understands what the City Manager has said and agrees, however, she does not want to see $150,000 stand in the way of "xxx' number of homes the City sorely needs. Mrs. Archer stated she would have to agree with Commissioner Perlman and thinks the City should go with the land because the City desperately needs the housing stock in that price range. Ms. McCarthy requested clarification that the county parcels are zoned as agricultural. In response, the City Manager stated these parcels are zoned agricultural. Ms. McCarthy asked how complex it would be to annex these parcels into the City. Paul Darting, Director of Planning and Zoning, responded by stating the City can annex them fairly easily, which is a seven (7) to nine (9) week process. The City could also bring in Winter Place's at that time. In response to the City Manager's inquiry as to what the County's Land Use Plan Designation is, Mr. Darting stated it is low density, five (5) du/au, which is similar to what the City's Advisory Designation is on the City's Land Use Plan, with the exception of the piece of land along Military Trail, which has a Commercial Office Designation of small number one (1). In response to Ms. McCarthy's question in relation to the contract as to whether the owner of the Triad Plant Company, currently located on parcel eighteen (18), will move everything related to the business off of the property, the City Attorney stated there is no requirement in the contract that the owner has to move everything because the City is buying everything that exists on that property. Mr. Levinson stated it would be $130,000 per acre excluding parcel one (1). Mr. Levinsan commented that if the City assumes five (5) units to the acre, would equal $26,000 in land costs, but is not sure how this compares with $120,000-$150,000. Mrs. Archer asked if this figure includes parcels seventeen (17) and eighteen (18). Mr. Levinsan replied that these parcels are included in this figure. Mr. Dotting stated that while the City can assess the straight-of-way to apply Land Use Designation to all of the parcels in order to change them from county to city, the City will have to go through the statute for the Comprehensive Plan Amendment process which will take about six -4- 03/13/02 (6) months. He stated that if timing is an issue, the City could annex it and apply the Land Use Designation process. Prior to the vote, Ms. McCarthy inquired as to whether the offer on parcels seventeen (17) and eighteen (18) was the final offer. In response, the City Attorney explained that this was the final offer. Mr. Perlman moved to go forward with all the parcels, seconded by Mrs. Archer. Upon roll call, the Commission voted as Follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. (4) CHANGE ORDER #3/SUBAQUEOUS SERVICES, INC. (TROPIC ISLE CANAL DREDGING): Consider Change Order #3 to the contract with Subaqueous Services, Inc. for an additional 4,000 cubic yards of dredged material plus an additional mobilization to the Tropic Isle Canal Dredging Project in the amount of $86,069.00. Funding is available in 448-5461- 538-65.54 (Tropic Isle Dredging). Randal Krejcarek, City Engineer, introduced this item explaining that it was for Change Order No. 3 for Subaqueous Services. The City has performed the initial dredging on Tropic Isles and based on the survey afterwards, in terms of the settlement agreement, Subaqueous Services, Inc. needs to return and complete approximately 4,000 additional cubic yards. Mr. Krejcarek spoke with Subaqueous Services, Inc. last week and they are currently in the area and ready to return. He asked the Commission to approve the request so that Subaqueous Services, Inc. can begin the work. In response to Mrs. Archer's inquiry as to whether there will be any monitoring of the project's progress by City staff. In response, Mr. Krejcarek replied that the City will have inspectors monitoring the project daily and obtaining truck tickets with the point persons designated by the contractor. Mrs. Archer stated one of the problems brought to her attention was that particular individuals were asking to have their areas dredged, which was all going on the truck and the City was paying for the truck loads. She continued to state that there was no monitoring to be able to know someone's truck load from another. Mrs. Archer expressed concern over this issue and stated she would like to make sure the City has the appropriate numbers. Mr. Krejcarek stated Subaqueous Services, Inc. took away approximately 6,000 more yards than we paid for. This was the difference based on the private dredging. He stated that having a point person will help the neighborhood and community because they can call one person if there are any concerns or questions as to the progress of the project. Mr. Levinson acknowledged Ms. Kelly Freeman, the President of the Tropic Isles Association. He stated that the Tropic Isles Association has been very positive in working with the City to get the dredging, done under the terms of the settlement agreement. Tropic Isles formed a committee to work with Mr. Krejcarek and these individuals have been very positive in working with him. He commented when these individuals have been together regularly, this project has continued to move forward expeditiously thanks to Bob Desjean, Stan Scheinberg, John Smith and Jim -5- 03/13/02 SclaGni. He thanked Ms. Freeman and the Board for their continued tolerance of some timing issues. Furthermore, Mr. Levinson stated the Tropic Isles Association will now only have one person collecting who will be getting the private areas in front of their docks dredged so that they will know how many of them have been done. Thus, the City will know exactly how many have been done, which will help coordinate the number of yards from those to the number actually done. Mr. Levinson thanked Randal Krejcarek for his efforts and for a job well done. With regard to Mrs. Archer's comments about monitoring the progress payments to the contractor, the City Manager explained the progress payments to the contractor were based on truckloads hauled, which were stopped at a certain point due to the pre-construction survey. Therefore, it was possible to calculate how many cubic yards had to be removed to get from the survey pre-construction depth to the design depth. Thus, the City was reasonably sure it was paying for the amount that had been targeted. Mr. Levinson moved to approve Change Order No. 3 to the contract with Subaqueous Services, Inc., seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Commission Comments: Mr. Perlman stated the Commission attended Onalee Schwartz's funeral today and commented about the Commission getting together and doing something for the scholarship fund set up in her honor. Secondly, Mr. Perlman stated he recently attended the Making Cities Livable Conference in Carmel, California where cities from around the world had the opportunity to network and it was a very positive experience. Mr. Perlman stated Delray Beach is doing a lot of the things that cities need to be doing in order to make their communities more livable and it was nice to have that positive reinforcement. Secondly, Mr. Perlman stated the conference also emphasized the importance of festivals in the community. Mr. Perlman stated the basic philosophy was that festivals are critical to building a sense of community and making life enjoyable. Mr. Perlman announced that a formal presentation will be forthcoming next week. Mr. Perlman commented about the Mallory Square development and commented that this area of Federal Highway is changing and has become more residential. Mr. Perlman commented about the uses which are no longer compatible with the uses going in. Mr. Perlman asked if there is a way to phase out uses through the zoning process and inquired whether the City has a tool for changing the use so that if one of these businesses sold and left the area, these uses would not be permitted. The City Manager stated these uses can be zoned so that it becomes a non- conforming use, however, the City must be careful about the way it is applied. Mr. Perlman publicly stated that the City has a terrific staff and he is extremely thrilled to be working with everyone. -6- 03/13/02 Mayor Schmidt commented that he passed the FCAT test on WIRK this morning and set a time record by completing the test within six minutes. Ms. McCarthy had no comments. Mr. Levinson commended the City Clerk and staff for their efforts in making the election a success. The City Manager stated in the agenda backup there are two proposals for recreational related items on the Barwick properties, which he would like more direction on within the next week or two. The City Manager stated he has a few brochures from Schenkel Shultz (architect) which shows various school projects they have completed around the country. In addition, the City Manager stated he has a video from the Winter Springs High School which is a school with the same floor plan as the City will have for its new school. The City Manger stated they have offered to take six or seven people to the Winter Springs School which is located north of Orlando. (1) MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 12, 2002 First Nonpartisan Election. FIRST NONPARTISAN ELECTION COMMISSION MEMBER - SEAT #2 - TWO YEAR TERM PATRICIA ARCHER 2,912 GERRY FRANCIOSA 1,783 The City Attorney read the results for Patricia Archer and Gerald Franciosa for Commissioner Member Seat No. 2. Mr. Perlman moved to approve the total votes for each candidate for Commission Member Seat No. 2 including all the regular and absentee votes as presented based on the above and foregoing results that Patricia Archer is elected as Commission Member Seat No. 2 for a two year term commencing March 28, 2002, and ending in accordance with the City Charter, seconded by Mr. Levinson. Upon roll call, the City Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. (2) Mrs. Archer thanked everyone who supported her with regard to the election. CANVASS THE RETURNS AND DECLARE THE RESULTS OF THE MARCH 12, 2002 SPECIAL ELECTION. YES (for approval) NO (against approval) 4,137 330 -7- 03/13/02 Approve the total votes for Ballot Question No. 1, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results that Ballot Question One passed. The City Attorney read the results regarding the clarifying, reorganizing, enhancing, and readability of the charter, Ballot Question No. 1. Mayor Schmidt thanked John Bennett and the Charter Revision Committee for all their work on the amendments. Mr. Levinson moved to approve the motion, seconded by Mr. Perlman. Upon roll call, the Commission voted as Follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. YES (for approval) 3,688 NO (against approval) 836 Approve the total votes for Ballot Question No. 2, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results that the Ballot Question Two passed The City Attorney read the results regarding the charter revision related to the filling of a vacancy in the office of mayor, Ballot Question No. 2. Mrs. Archer moved to approve the motion, seconded by Mr. Levinson. Upon roll call, the Commission voted as Follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. YES (for approval) 3,904 NO (against approval) 627 Approve the total votes for Ballot Question No. 3, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results that Ballot Question Three passed. The City Attorney read the results regarding the charter revision permitting term limited elected officials to serve out their elected term effective 2003, Ballot Question No. 3. Mr. Perlman moved to approve the motion, seconded by Mrs. Archer. Upon roll call, the Commission voted as Follows: Ms. McCarthy - Yes; Mr. Perlman - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt declared the Special Meeting adjourned at 6:30 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. -8- 03/13/02 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned at 7:10 ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on March 13, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -9- 03/13/02 ATTEST: There being no further business, Mayor Schmidt dechred the meeting adjourned at 7:10 MAYOR City C~erk The undersigned is the City Clerk of the City of Delvay Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on March 13, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -9- 03/13/02