Loading...
04-20-99 APRIL 20, 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, April 20, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 5., Minutes of the Annual Organization Meeting dated March 25, 1999, to the agenda by addendum. Mayor Alperin noted the addition of Item 8.M., Tempo- rary Use Agreement with the CRA, and Item 8.N., Worksite Agree- ment for Summer Youth Employment and Training Program, to the Consent Agenda by addendum. He also noted that a revised proper- ty ownership map related to Item 9.B., Special Assessment Dis- trict for N.E. 2nd Avenue Beautification, was provided. Mr. Randolph moved to approve the agenda as amended, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Schmidt moved to approve the minutes of the Annual Organization Meeting of March 25, 1999. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. "Victims' Rights Week" - A~ril 25 thru 30, 1999 Mayor Alperin presented a proclamation recognizing the week of April 25 thru April 30, 1999, as "Victims' Rights Week" 7. Presentations: 7.A. Proposed CRA 1999 Revenue Bond Issues ($4.7 Million) John Weaver, Chairman of the Communit~ Redevelopment Agency, reviewed the preliminary list of project fund expendi- tures from the proposed bond issue, as follows: (1) $700,000 for Pineapple Grove street beautification which will extend from just north of Atlantic Avenue all the way up to N.E. 4th Street. This is a three-way collaboration between the City, the CRA and the property owners in Pineapple Grove. Elaborating on this, Chris Brown, CRA Executive Direc- tor, stated the City's Engineering Division recently did a fresh estimate of $2.1 Million for this project. He and the City Manager have met with Pineapple Grove Main Street and reached a general agreement that the City would pay for roughly one-third of the improvements, the CRA would pay for one-third, and the property owners would pay the remaining one-third through an assessment district. In order to meet this obligation, the CRA has included in the proposed bond issue the $700,000 to cover the CRA's share of the cost. Mr. Weaver continued that $934,000 of the proposed bond issue will be spent for the West Atlantic Avenue Street Improvement project. These monies will be reimbursed to the CRA by the State through the ISTEA program. In 2001, the CRA will receive $434,000 and in 2002, $500,000. Shelley Treadwell, CRA Economic Development Manager, explained that the CRA has been awarded preliminarily two grants 2 04/20/99 through ISTEA (Intermodal Surface Transportation Efficiency Act) for the beautification of West Atlantic Avenue. The first grant in the amount of $434,000 will cover the 400 and 500 blocks of West Atlantic, while the second grant in the amount of $500,000 will cover from 1st to 4th Avenue. This grant includes funding for the brick paver sidewalks out to the curb, crosswalks in the intersections, undergrounding the utilities, and installation of new street lighting. There is also money in the budget to provide landscape nodes at the intersections, as well as appro- priate drainage. Mr. Weaver continued that the next component of the proposed bond issue is the Seacrest Neighborhood Property Acqui- sition for construction of parking lots as well as the installa- tion of street lighting. This project is also a collaboration between the City, the CRA and the property owners on a one-third basis. The CRA's share is estimated at $1,030,000 of which $865,000 is proposed as part of the bond issue. Chris Brown reviewed the CRA's responsibilities with respect to the Seacrest neighborhood, noting that the first component is the beautification along the railroad tracks on N.E. 3rd Avenue from George Bush Boulevard north to 14th Street which is estimated at about a $50,000 expenditure. The second component is a yard light program where the CRA pays for one-half of a yard light, including labor and material. The third component and the most expensive involves several programs aimed at dealing with the multi-family units which were allowed to intrude into the general area from 9th to 13th Streets back in the 1960's. As an example, if an individual or family wishes to buy a duplex, live in it and convert it to a single family residence, the CRA will contribute a grant of $10,000. The fourth element of the Seacrest program is parking. There is overcrowding with the multi-family housing and cars are parked all over the place. An idea that came from the Homeowners Association and the City Planning Department was that the CRA actually buy some lots to build parking as was done with Banker's Row so that some of the overflow parking from the multi-family can be taken off the street and have them park in a central lot. Mr. Brown concluded by stating that even with just the plan itself in place, it has encouraged young people to come in and start buying in the neighborhood. Mr. Weaver continued that the last component is for $2.2 Million set aside for West Atlantic Avenue property acquisi- tion. One of the primary tools to help redevelop West Atlantic Avenue is the acquisition of property and then the resale of that 3 04/20/99 property to developers interested in new buildings. Mr. Chris Brown presented a rendering showing property currently owned by the CRA on West Atlantic Avenue as well as properties targeted for turnover to the private sector after acquisition. At this point, Mr. Clark Bennett, American Government Certificates & Funds, came forward and discussed the RFP process. The bids are scheduled to go out on April 23, 1999, and are due back by May 17, 1999. Thereafter, the CRA Board will review and rank the bidders, with City Commission approval on June 1, 1999, and closing scheduled for June 2, 1999. Ms. Christine Caron, CRA Controller, then reviewed the CRA's five-year model with projections for Fiscal Years 1999 through 2003, assuming a $4,700,000 bond issue. After discussing the various factors, Ms. Caron stated the CRA can afford this issue and the debt service that comes with it. Discussion by the Commission followed. It was the consensus of the Commission to open the presentation for public comment. Speaking from the audience were the following: Mr. Patrick Glover, 305 S.W. 7th Avenue, asked if the Pineapple Grove area is truly in need of more beautification. He commented that he rides through the area frequently and notes that there are more sidewalks there than in his neighborhood. Mrs. Jean Beer, 2145 S.W. 26th Terrace, who commented that she feels CRA debt is City debt and that every time the City reports on its debt, the CRA debt should be included. Whether the funds are called TIF money or anything else, they are still City tax money. Mrs. Beer asked that the City keep track of everything we are spending that is part of the CRA or downtown projects. She stated residents do tend to get angry when they are told that taxes will have to be raised if another code enforcement person is to be hired, but they don't hear this when the City is asked to participate one-third of this program for the CRA or one-third on another project in the downtown area. Most residents have absolutely no objection to paying for regular City services, including street reconstruction, water and sewer projects, and anything that any other neighborhood would be getting from the City. She questioned if the General Fund shouldn't have a series of priorities the same as the capital improvement funds, and how much of the City's General Fund monies should be expended subsidizing improvements which are basically -4- 04/20/99 business-oriented as opposed to basic City services such as water, Fire and Police protection, code enforcement and the like. Mr. Scott Christensen, Seacrest Homeowners Association, who stated that the Seacrest neighborhood residents, along with Del-Ida Park, have continued to work with the City and the CRA towards the implementation of the adopted redevelopment plan, including the current engineering plans for N.E. 9th, 10th & 12th Streets and the improvements that are happening with the purchase of properties for conversion to single family with assistance from the CRA. Both the CRA and the City have worked aggressively with the Seacrest Homeowners Association to get the plan in place and the association looks forward to continuing this process. The biggest concern right now is to get the properties purchased before the prices accelerate because the interest in the neighborhood has really picked up. Mr. Christiansen concluded that he felt all of the efforts of all of the groups, including the City and the CRA, are going to substantially pay off with the redevelopment and new life cycle of the Seacrest/Del-Ida Park neighborhoods. Mr. Lou Waldmann, Pro~ect Manager for Pineapple Grove Main Street, who stated that the people involved with Pineapple Grove Main Street look at the bond issue as the beginning of the culmination of five years of effort put into the planning for the rebirth of the neighborhood. There is a very comprehensive plan for Pineapple Grove, which has been approved and adopted by the City Commission. Mr. Waldmann encouraged the Mayor and City Comissioners to support the CRA's proposed bond issue as he believes it will be a tremendous boon to the City. Whether in residential or business areas, the improvements will benefit all of the citizens. Mr. Waldmann concluded by expressing his appreciation to the City Commission and staff for all of the support extended in helping the redevelopment project get to this point. There being no one else from the audience who wished to address the City Commission on this item, Mayor Alperin closed the public hearing. Discussion by the Commission followed. Mayor Alperin commented that he, too, would like to see how the CRA debt and the City debt jointly comes together as far as reaching our capacity and how much of an impact it has. He further stated that he wished to correct the misconception that was made that the tax increment financing (TIF) do not amount to very much. In looking at the TIFs for the City for 1999, it was $842,000. TIF -5- 04/20/99 money from the County that without the CRA we would not get is $560,000. Certainly this is not a trivial amount of money that the City would not have to spend on redevelopment in the City if we did not have the CRA. Mayor Alperin stated he is of the opinion that the proposed bond issue is what is needed now in order to spark the West Atlantic Avenue redevelopment. The momentum not only for West Atlantic Avenue but also for Pineapple Grove and the Seacrest neighborhood is set to go, so he is somewhat optimistic about the opportunities this bond issue may set into motion. Both Mrs. Archer and Mr. Schmidt concurred with the Mayor's comments. Mr. Randolph commented that the West Atlantic Avenue corridor has sorely been in need of redevelopment and refurbish- ment for quite a number of years. He was hopeful that the bond money allocated for West Atlantic will help to make a material difference in the City of Delray Beach. Mr. Weaver, Chairman of the CRA, commented that over the five-year model, the expenditures programmed for West Atlan- tic Avenue are $7.3 Million. Mr. Wright echoed the comments made by Mr. Randolph in that something will finally be happening on West Atlantic Avenue and he is looking forward to the area's redevelopment. In summary, it was the consensus of the City Commission to support the Community Redevelopment Agency's proposed 1999 Series A and Series B Bond Issues. 8, CONSENT AGENDA: City Manager recommends approval. 8.A. AUTHORIZATION TO PROCEED WITH SMALL METER REPLACEMENT PROGRAM: Authorize staff to proceed with negotiations for bank financing in an amount not to exceed $3,513,306 for the small water meter replacement program, and approve Sensus Technologies, Inc. as the sole source provider for the purchase and installation of the equipment to implement the project. 8.B. REQUEST FOR REDUCTION IN PAVEMENT WIDTH/CORAL TRACE: Approve a reduction in pavement width from 24 feet to 22 feet for the internal streets located within the duplex portion of Coral Trace subdivision, based upon positive findings. 8.C. RELEASE AND TERMINATION OF OFF SITE PARKING AGREEMENT: -6- 04/20/99 Approve an Agreement and Mutual Release that terminates an Off Site Parking Agreement entered into by the City with Delray New Wave and Michael Weiner, as Trustee, for the use of ten (10) parking space. 8.D. BAY STREET DEVELOPER'S AGREEMENT WITH IRONWOOD PROPERTIES: Approve an agreement with Ironwood Properties, Inc. for the developer's contribution of $51,955.00 toward the cost of water main and sewer infrastructure improvements associated with the Bay Street water, storm drain and road reconstruction project, in conjunction with Ironwood Properties' development of the Windsor Court Townhomes project on Bay Street. 8.E. FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS (FILTER DECK TILE REPLACEMENT AT WATER TREATMENT PLANT): Approve final payment in the amount of $7,805.72 to Marine Engineering Contrac- tors, Inc. for completion of the filter deck tile replacement project at the Water Treatment Plant, with funding in the amount of $2,825.72 from 441-5143-536-46.10 (W&S Building Maintenance) and $4,980.00 from 441-5122-536-46.10 (Water Treatment & Stor- age/Building Maintenance). 8.F. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $44,000 for three (3) income eligible applicants under the Renaissance Program, with funding from 118-1924-554-83.01 (SHIP). 8.G. RESOLUTION NO. 23-99: Approve a resolution assessing costs for abatement action associated with the demolition of an unsafe structure at 1101 S.W. 9th Avenue. The caption of Resolution No. 23-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELP_AY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT 7 04/20/99 PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 23-99 is on file in the City Clerk's office.) 8.H. RESOLUTION NO. 24-99: Approve a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from four (4) properties within the City. The caption of Resolution 24-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST OF ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROEPRTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 24-99 is on file in the City Clerk's office.) 8.I. RESOLUTION NO. 25-99: Approve a resolution assessing costs for abatement action necessary to remove nuisances from ten (10) properties throughout the City. The caption of Resolution No. 25-99 is as follows: A RESOLUTION OF THE CTIY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF -8- 04/20/99 SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 25-99 is on file in the City Clerk's office). 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 5th through April 16, 1999. 8.K. CONSENT TO SUBLEASE/CHAMBER OF COMMERCE BUILDING: Approve a Consent to Sublease to allow the Chamber of Commerce to sublet two offices in the south end of the Chamber building at 64 S.E. 5th Avenue to the Alzheimer's Community Care Association. 8.L. AGREEMENT WITH PBC HOUSING & COMMUNITY DEVELOP MENT/CONSULTANT SERVICES TO UPDATE 1994 AFFORDABLE HOUSING STUDY: Authorize staff to proceed with an agreement with the Palm Beach County Department of Housing & Community Development for the procurement of professional consultant services to update the 1994 Affordable Housing Study (to include Delray Beach specific data and information) in the amount of $10,000.00 with funding from 118-1974-554-31.90 (Neighborhood Housing). 8.M. TEMPORARY USE AGREEMENT WITH THE CRA: Approve a temporary use agreement with the Community Redevelopment Agency for the use of the CRA's parking lot located on the east side of NW 1st Avenue across from the Community Center, for parking purposes in conjunction with the Matchpoint Tennis Tournament occurring between May 1 and May 8, 1999. 8.N. WORKSITE AGREEMENT FOR SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM: Approve an agreement between and the City and the Palm Beach County Workforce Development Board, Inc. to allow for job opportunities within various City departments for partic- ipants in the Summer Youth Employment and Training program, for the period June 1, 1999 through August 31, 1999. Mr. Schmidt moved to approve the consent agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9 04/20/99 9. REGULAR AGENDA: 9.A. CRA REQUEST FOR REIMBURSEMENT FROM IN LIEU OF PARKING FI/ND: Consider a request from the Community Redevelopment Agency (CRA) for reimbursement in the amount of $25,181.01 from the in lieu of parking fund for construction of the additional 10 space parking lot in Block 76. Mr. Schmidt moved to approve the CRA request for reimbursement in the amount of $25,181.01 from the in lieu of parking fund. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.B. SPECIAL ASSESSMENT DISTRICT FOR N.E. 2ND AVENUE BEAUTI- FICATION: Consider the creation of a special assessment district for the street beautification of N.E. 2nd Avenue (Pineapple Grove Way) from Atlantic Avenue north to the first alley intersection (approximately 140 linear feet). There was Commission discussion regarding the funding of the beautification project addition. Mayor Alperin opened this item for public comments. The following individuals spoke in favor: Aldo Denecleoro, 137 E. Atlantic Avenue Steve Cohen, 1140 Bauhinia Road Ms. Archer stated that is very important to support the proposed district, and it would be a beginning for the beautification of the following blocks. Suzanne Santano, 11 NE 2nd Avenue, stated that the only thing she was not in favor of is losing the parking on 2nd Avenue, approximately eight parking spaces. The public hearing was closed. There was a consensus of the City Commission to proceed with establishing the special assessment district. At this point, the time being 7:20 p.m., the Commission moved to the duly advertised Public Hearings portion of the 04/20/99 agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 14-99 (FIRST READING & TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 99-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 99-1, and authorize transmittal to the State Department of Community Affairs for review. Amendment 99-1 includes various text and exhibit changes as well as two amendments to the Future Land Use Map (FLUM), as follows: The City Manager presented Ordinance No. 14-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 99-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 99-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The following individuals spoke in favor: Michael Weiner, 102 N. Swinton There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 14-99 on First Reading, seconded by Ms. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -11- 0 /20/99 10.B. ORDINANCE NO. 15-99: An ordinance rezoning a parcel of land from R-1-A (Single Family Residential) to CF (Community Facilities) District for an expansion of Bar and Ferg's Academy, a private school facility. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue, and contains 0.70 acres. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL PUBLIC HEARING The City Manager presented Ordinance No. 15-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (RESIDEN- TIAL SINGLE FAMILY) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 2 THROUGH 7, INCLUSIVE, BLOCK 2, PLAT 1 OF 2, SOUTHRIDGE, LOCATED ON THE SOUTH SIDE OF STERLING AVENUE, APPROXIMATELY 150 FEET WEST OF SOUTH SWINTON AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENER3tL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. -12- 04/20/99 Diane Dominguez, Director of Planning and Zoning, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The Planning and Zoning Board considered this item at its meeting of March 15, 1999 and recommended approval. There being no one who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 15-99 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.B.1. CONDITIONAL USE REQUEST/BAR AND FERG'S ACADEMY: Consider a request for conditional use approval to allow the establishment and expansion of a private elementary school for Bar and Ferg's Academy. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The Planning and Zoning Board considered this item at its meeting of .............. and recommended approval. There being no one who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve the conditional use for Bar and Ferg's Acadedemy, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. o /2o/99 11. Comments and Inc~uiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior ~ublic comments and inc~uiries. In response to the comments at the last meeting about the process being followed on the design of the Lake Ida Road widening, the City Manager stated the County has contracted with a consultant to do the roadway design. This is common practice and does not signify any delegation of design parameters since the consultant works under the direction of the County Engineer- ing staff. With respect to the design conditions that are listed in Resolution No. 42-98, the City Engineer is scheduling a meeting with Palm Beach County to review those design conditions and discuss their application to the project. Findings will be reported back to the City Manager who will then report to the City Commission. ll.B. From the Public. 11.B.1. Jean Beer, 2145 S.W. 26th Terrace, stated she had heard that the State Historical Preservation Society is now looking to lease out some of the building it occupies on Swinton Avenue. This is a building that the City bought from the CRA and leased to the Historical Society for a very nominal rent, and she assumes the City pays for the maintenance on it along with the CRA building next door. Mrs. Beer suggested that if the CRA is going to move into its own building, perhaps the Historical Society could then move to the current CRA building and vacate the other house. The City could then sell that house, put it on the tax roll and get some money from it. She commented that the City seems to participate in a lot of things where the maintenance goes on forever, and cited the Woman's Club property as an example. Mrs. Beer felt that these situations ought to be looked at to see if there is some way for the City to get some financial benefit out of these properties. 12. FIRST READINGS: None At this point the Commission returned to Item 9.C. on the regular agenda. 9.C. RESOLUTION NO. 27-99 (MID-YEAR BUDGET ADJUSTMENT): Consider a resolution making mid-year adjustments to the adopted budget for FY 1999. -¢4- 04/20/99 The City Manager presented Resolution No. 27-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 63-98 ADOPTED SEPTEMBER 22, 1998, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1998/99, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1998/99; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 27-99 is on file in the City Clerk's office.) The City Manager commented that the detailed backup included in the agenda packet for the mid-year budget amendment shows all of the adjustments. There is an increase in revenue projected of $733,360 and expenses of a like amount of which $30,436 would be going into reserve. He noted that the biggest part of the increase in expenses is for the settlement of the Fire Union contract, that is over $400,000. On question from Commissioner Wright, the City Manager responded that the Police funding is primarily for the acquisi- tion of the rest of the laptop computers and associated hardware. Mrs. Archer moved to approve Resolution No. 27-99, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the May 13th Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, specified overtime costs, and use of pedi-cabs during the event. Robert A. Barcinski, Assistant City Manager, noted a correction to the agenda and memorandum in that the use of pedi- cabs is not being requested for this event. He then presented an overview of the request, noting that the Commission has capped the amount of overtime the City will pay at $7,500. The actual overtime costs for the December Art & Jazz were $6,092. The staff recommendation is for approval of the request, again -15- 04/20/99 setting an upper limit of $7,500 for overtime costs with any difference to be paid by the Joint Venture. Mr. Schmidt moved to approve the special event request for the May 13th Art & Jazz as recommended by staff, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.E. CONTRACT ADDITION (C.O. #1)/COLONNA CONSTRUCTION CO., INC. (BLOCK 2 OSCEOLA PARK ALLEY IMPROVEMENTS): Approve a con- tract addition (C.O. #1) in the amount of $23,355.00 with Colonna Construction Co., Inc., under the contract for sidewalk construction on the west side of A1A between Ingraham Avenue and Miramar Street, to include the Block 2 Osceola Park Alley Im- provements project, with funding from 448-5411-538-63.90 (Storm- water Utility - Other Improvements). Mr. Randolph moved to approve the contract addition (C.O. #1) with Colonna Construction Co., Inc. for the Block 2 Osceola Park alley improvements project. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint an alternate member to the Nuisance Abatement Board for a two year term ending March 31, 2001. The appointment will be made by Commissioner Randolph. Mr. Randolph moved to reappoint Vera Scott as an alternate to the Nuisance Abatement Board as an alternate member for a two year term ending March 31, 2001. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Randolph. Mr. Randolph moved to appoint Mary Lou Jamison to the Historic Preservation Board to fill an unexpired term ending -16- 04/20/99 August 31, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board for a two year term ending April 1, 2001. The appointment will be made by Commis- sioner Schmidt. Mr. Schmidt moved to appoint the current alternate member, Allen P. Huntington, to the Civil Service Board as a regular member for a two-year term ending April 1, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a public member to the Police and Fire Board of Trustees for a two year term ending April 22, 2001. The appointment will be made by Mayor Alperin. Mayor Alperin stated that he wished to reappoint John Frysinger to the Police and Fire Board of Trustees as a public member for a two-year term ending April 22, 2001. Mrs. Archer so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE (RESOLUTION NO. 22-99): Appoint six members to the Affordable Housing Advisory Committee, five for two year terms ending March 31, 2001 and one to fill an unexpired term ending March 31, 2000, and adopt Resolution No. 22-99. The appointments will be made by Commissioner Schmidt (Advocate for Low Income Persons), Commissioner Archer (Representative of Labor Engaged in Home Building), Commissioner Wright (Residential Building Repre- sentative), Commissioner Randolph (Citizen-at-Large), Mayor A1perin (Provider of Affordable Housing), and Commissioner Schmidt (Real Estate Professional). The City Manager presented Resolution No. 22-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING -17- 04/20/99 MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 22-99 is on file in the City Clerk's office.) Mr. Schmidt moved to reappoint Joseph D'Ambrosio to the Affordable Housing Advisory Committee in the capacity of Advocate for Low Income Persons for a two year term ending March 31, 2001. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Sherry Johnson to the Affordable Housing Advisory Committee in the capacity of Repre- sentative of Labor Engaged in Home Building for a two year term ending March 31, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Wright moved to reappoint Albert McNamara to the Affordable Housing Advisory Committee in the capacity of Residen- tial Building Representative for a two year term ending March 31, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to reappoint Carmelita Smith to the Affordable Housing Advisory Committee in the capacity of Citizen- at-Large for a two year term ending March 31, 2001. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin asked that his appointment of a Provider of Affordable Housing member to the Affordable Housing Advisory Committee be deferred to a future meeting so that staff can continue to seek additional applicants. Mr. Schmidt asked that his appointment of a Real Estate Professional to the Affordable Housing Advisory Committee be deferred to a future meeting so that staff can continue to seek -18- 04/20/99 additional applicants. It was the consensus of the City Commission to defer adoption of Resolution No. 22-99 until such time that the remain- ing vacant positions on the Affordable Housing Advisory Committee are able to be filled with qualified applicants. 9.K. FUNDING REQUEST/PROJECT GRADUATION (OLYMPIC HEIGHTS): Consider a request for funding from Olympic Heights Community High School in support of Project Graduation 1999. The City Manager stated that the Commission has again this year received a request from Olympic Heights Community High School to help with their Project Graduation 1999. Last year the Commission approved an appropriation of $200 for this event. The request was looked at in terms of the number of Delray Beach students attending that school in comparison to Atlantic High School, and that is how the suggested amount of $250 was arrived at for this year. The school did not ask for a specific amount. Mrs. Archer moved to approve an appropriation in the amount of $250.00 for the Olympic Heights Community High School Project Graduation 1999. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer Yes. Said motion passed with a 5 to 0 vote. 9.L. EMERGENCY PURCHASE AWARD/PORTABLE FLOORING: Consider ratifying an emergency purchase award in the amount of $25,000 to Regency Party Rentals, Inc. for 10,000 square feet of portafloor, with funding from 334-4145-572-63.90 (General Construction Fund - Other Improvements). The City Manager explained that there is in next year's capital budget the funding to purchase a floor. We need a floor for the upcoming tournament. We had expected to use plywood as we have in the past, but we found that our plywood had deteriorated to the point where we could not use it. So we had the choice of buying new plywood for $6,000 or we could rent the floor for $7,000. Mr. Harden continued to state that it would be an unwise investment in either case since it was programmed for next year. The order was authorized by Mr. Harden to receive the flooring in time for the tournament. The purchase will be a valuable addition to the City and something that will serve us for any occasions when covering the tennis courts is necessary. On question from Mayor Alperin as to other potential -19- 04/20/99 uses for the floor, the City Manager stated that it can be put down over grass since it allows water and air in, so for things like the Delray Affair, it can be placed either on the Old School Square grounds or at Veterans Park. As it is, the grass is destroyed and should be resod. There was also some discussion as to the suitability of the flooring for basketball play as this could be an added attraction for the tennis center if an event like 'Hoop-It-Up' could be accommodated at some point. On question from Mr. Schmidt as to the life expectancy of the portable flooring, Mr. Barcinski stated there is a limited five-year warranty on the product. However, he would check on the length of time the flooring could be expected to last. Mr. Schmidt moved to ratify the emergency purchase award to Regency Party Rentals, Inc. in the amount of $25,000 for 10,000 square feet of portafloor. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. None 13.B. City Attorney. None 13.C. City Commission. 13.C.1. Co~issioner Schmidt commented that County Commissioner McCarty is going to have some money in her budget next year to start a program of trying to work with cities in developing "pocket" parks or small parks in neighborhoods. With the lot acquisition planned for the Seacrest neighborhood between the City and the CRA, Mr. Schmidt suggested staff look into obtaining some funding from Ms. McCarty to put a small park or two in that neighborhood. Mr. Schmidt further stated that some of the worst looking right-of-way in the City is that which is in front of the public schools. In talking about this with Commissioner McCarty, she indicated she would go to bat for the City in trying to set -20- 04/20/99 some money, perhaps through Beautiful Palm Beaches grants, if the City wants to pursue it. He wanted to bring this to staff's attention. 13.C.2. Co~missioner Archer had no comments or inquiries. 13.C.3. Comm%issioner Randolph had no comments or inquiries. 13.C.4. Commissioner Wright had no comments or inquiries. 13.C.5. Ma~or A1perin stated that a master plan for Atlantic High School was supposed to have been done back in October of 1998, but he has not heard or seen anything as of yet. He felt it important for the City to see the results of that plan and asked that a request be made to the School Board to obtain a copy of it. Mayor Alperin further stated that although Atlantic is probably the oldest of the five high schools in need of replace- ment or major renovations, it has been ranked fourth by the School Board. One reason why it should be moved up is that construction of a new Boynton Beach high school is underway. When that school is finished, it is going to relieve a considerable number of students from the Atlantic campus. Mayor Alperin felt it appropriate that as the new high school is developed, the plans for Atlantic should be going at the same time so that the refurbishment can take place while the student population is down due to the opening of the new high school. He asked that a letter be sent to the School Board suggesting they hire an architect as soon as possible to coordinate the reconstruction of Atlantic to coincide with the time the student population is down before it starts building up again. It was the consensus of the City Commission to concur with Mayor Alperin's comments, with direction that a letter be sent indicating that the City Commission would like the School Board, instead of ranking Atlantic High School, to hire an architect to coordinate the Atlantic reconstruction with the construction of the Boynton high school so that it will follow at the appropriate time and not end up another year or two after the Boynton high school has opened. There being no further business, Mayor Alperin declared the meeting adjourned at 7:45 p.m. -21- 04/20/99 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of April 20, 1999, which minutes were formally approved and adopted by the City Commission 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 some amendments, additions or deletions. -22- 04~20~99