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04-18-95 APRIL 18, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, April 18, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch 'Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Commissioner Ran- dolph. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Lynch requested that Item 8.Q.1., Consent Agenda, (AWARDS OF BIDS AND CONTRACTS) be moved to the Regular Agenda as Item 9.N.; and noted the addition of Addendum Items 9.0. and 9.P. The City Manager requested that Item 8.Q.3., Consent Agenda, (AWARDS OF BIDS AND CONTRACTS) be moved to the Regular Agenda as Item 9.A.A. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: None 6. Proclamations: 6.A. Foster Parent Month - May, 1995 Mayor Lynch presented a Proclamation recognizing the month of May, 1995 as Foster Parent Month. 7, Presentations: Item 7.C. was moved forward on the agenda. 7.C. RESOLUTION NO. 33-95: A resolution naming the Ballroom at the Delray Beach Golf Course Clubhouse "BETTY JAMESON" in recognition of her accomplishments in professional golf. The caption of Resolution No. 33-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BACH, FLORIDA, NAMING THE BALLROOM AT THE DELRAY BEACH GOLF COURSE CLUBHOUSE, 2200 HIGHLAND AVENUE, "BETTY JAMESON" IN RECOGNITION OF HER ACCOMPLISHMENTS IN PROFESSIONAL GOLF. (Copy of Resolution No. 33-95 is on file in the offi- cial Resolution Book) The City Attorney read and presented Resolution No. 33-95 to Betty Jameson for her accomplishments and contributions to professional golf. Ms. Betty Jameson expressed her appreciation and com- plimented the Commission on the many changes and accomplishments that have taken place within the City. Mr. Randolph moved to adopt Resolution No. 33-95, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. The Commission returned to Item 7.A. 7.A. RESOLUTION NO. 31-95: A resolution naming the Grill at the Delray Beach Golf Course Clubhouse "DONALD ROSS" in recogni- tion of his accomplishments as a golf course architect. The caption of Resolution No. 31-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE GRILL AT THE DELRAY BEACH GOLF COURSE CLUB- HOUSE, 2200 HIGHLAND AVENUE, "DONALD ROSS" IN RECOGNITION OF HIS ACCOMPLISHMENTS IN PROFESSIONAL GOLF. (Copy of Resolution No. 31-95 is on file in the offi- cial Resolution Book) The City Attorney read the caption of Resolution No. 31-95. Mr. Ellingsworth moved to adopt Resolution No. 31-95, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch 2 4/18/95 - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 7.B. RESOLUTION NO. 32-95: A resolution naming the Lounge at the Delray Beach Golf Course Clubhouse "TOMMY ARMOUR" in recognition of his accomplishments in professional golf. The caption of Resolution No. 32-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BACH, FLORIDA, NAMING THE LOUNGE AT THE DELRAY BEACH GOLF COURSE CLUB- HOUSE, 2200 HIGHLAND AVENUE, "TOMMY ARMOUR" IN RECOGNITION OF HIS ACCOMPLISHMENTS IN PROFESSIONAL GOLF. (Copy of Resolution No. 32-95 is on file in the offi- cial Resolution Book) The City Attorney read the caption of Resolution No. 32-95. Dr. Alperin moved to adopt Resolution No. 32-95, sec- onded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 7.D. RESOLUTION NO. 34-95: A resolution naming the Mult.i- Purpose Room at the Delray Beach Golf Course Clubhouse "LOUISE SUGGS" in recognition of her accomplishments in professional golf. The caption of Resolution No. 34-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BACH, FLORIDA, NAMING THE MULTI-PURPOSE ROOM AT THE DELRAY BEACH GOLF COURSE CLUBHOUSE, 2200 HIGHLAND AVENUE, "LOUISE SUGGS" IN RECOGNITION OF HER ACCOMPLISHMENTS IN PROFESSIONAL GOLF. (Copy of Resolution No. 34-95 is on file in the offi- cial Resolution Book) The City Attorney read the caption of Resolution No. 34-95. Mrs. Smith moved to adopt Resolution No. 34-95, second- ed by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -3- 4/ 8/95 8. CONSENT A~ENDA: 8.A. PARTIAL LANDSCAPE WAIVER/OPEN M.R.I. OF DELRAY: prove a partial waiver to the provisions of LDR Section 4.6.16(H) (3) (a) to allow the reduction of 'a five foot landscape strip to three feet, for the Open M.R.I. of Delray, a proposed medical office to be located at the northeast corner of N.W. 1st Street and N.W. 1st Avenue, based upon positive findings. 8.B. pARTIAL LANDSCAPE WAIVER/NORTHERN TRUST BANK: Approve a partial waiver to the provisions of LDR Section 4.6.16(H) (3) (a) to delete required trees from the perimeter landscape buffer adjacent to the covered parking for Northern Trust Bank, proposed to be located at the southwest corner of East Atlantic Avenue and Palm Square, based upon positive findings. 8.C. ACCEPTANCE OF IN-LIEU PAYMENT/NORTHERN TRUST BANK= Accept payment of $18,000 in-lieu of providing three required parking spaces in conjunction with the Northern Trust Bank project to be located at the southwest corner of East Atlantic Avenue and Palm Square. 8.D. ACCEPTANCE OF EASEMENT DEED/NORTHERN TRUST BANK: Accept an easement deed from Patio Associates Limited Partnership for a twelve foot sanitary sewer easement on the Northern Trust Bank site located at the southwest corner of East Atlantic Avenue and Palm Square. 8.E. FINAL PLAT/DELRAY BEACH MEMORIAL GARDENS PLAT NUMBER 1: Approve the final plat for Delray Beach Memorial Gardens Plat Number 1, the proposed subdivision of the Phase II improvements for the municipal cemetery. The subject property is located at the southwest corner of S.W. 7th Street and S.W. 8th Avenue. 8.F. RESOLUTION NO. 35-95: Adopt a resolution abandoning a portion of the alley right-of-way lying within Block 1, Osceola Park, located between S.E. 5th Avenue and S.E. 6th Avenue. The caption of Resolution No. 35-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF ANALLEY RIGHT-OF-WAY WITHIN BLOCK 1, OSCEOLA PARK, AS RECORDED IN PLAT BOOK 3, PAGE 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 35-95 is on file in the offi- cial Resolution Book) -4- 4/18/95 8.G. PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL, INC. "FAST BREAK" PROGRAM: Approve the Palm Beach County Private Industry Council's "Fast Break" program providing summer training and job opportunities for disadvantaged youth under Title IIB Work Expe- rience Project. 8.H. AGREEMENT WITH NATIONAL LOAN INVESTORS, INC./CORNICHE PROPERTY REPLAT: Approve an agreement between the City and National Loan Investors, Inc. for a replat of the Corniche prop- erty to provide the City with a wider (24 ft.) access through this property to the MSA parcel to the east, in exchange for the release of outstanding liens.- The subject property is located on the east side of U.S. Highway %1, approximately 600 feet south of S.W. 10th Street. 8.I. AGREEMENT WITH FLORIDA POWER & LIGHT TO RELOCATE ELEC- TRIC DISTRIBUTION FACILITIES/EAST ATLANTIC AVENUE: Approve an agreement with Florida Power & Light for the relocation of exist- ing overhead facilities on East Atlantic Avenue to underground as part of the East Atlantic Avenue Beautification project. Funding in the amount of $103,555.00 is available from 228-4141-572-61.73. 8.J. CODE ENFORCEMENT BOARD RULES: Approve revised Code Enforcement Board Rules to reflect the new ordinances enacted by the Commission which incorporate revised provisions of Florida Statutes Chapter 162. 8.K. RATIFICATION OF APPROVAL/POLICY FOR SIDEWALK REPAIR AND CONSTRUCTION: Ratify the April 11, 1995, consensus to formally adopt a City policy for sidewalk repair and construction. 8.L. RATIFICATION OF APPROVAL/POLICY FOR STREET LIGHT IN- STALLATION: Ratify the April 11, 1995, consensus to formally adopt a City policy for street light installation. 8.M. CLOSEOUT DEDUCT CHANGE ORDER NO. 2 AND FINAL PAY- MENT/JOHNSON- DAVIS, INC.: Approve closeout deduct Change Order No. 2 in the amount of $11,053.10, and final payment in the amount of $12,513.55 to Johnson-Davis, Inc. for the N.E. 3rd Avenue to Atlantic High School Water Main Extension project, with funding from 440-5179-536-63.58 ($3,013.55) and 448-5411-538-62.33 ($9,500.00) 8.N. CLOSEOUT DEDUCT CHANGE ORDER NO. I AND FINAL PAY- MENT/TEAM LAND. DEVELOPMENT., INC.: Approve closeout deduct Change Order No. i in the amount of $27,639.68, and final payment in the amount of $20,370.91 to Team Land Development, Inc. for the Barwick Road and Lake Ida Road 12" Water Main Extension project, with funding from 440-5179-536-63.55 ($5,384.40), and 63.56 ($14,986.51) . 8.0. FINAL PAYMENT/FIVE STAR CONSTRUCTION: Approve final payment in the amount of $2,466.83 to Five Star Construction for -5- 4/18/95 general construction work on the generator enclosure project at City Hall. Funding is available from Account 334-6111-519-62.10 ($465.44) and 334-6112-519-62.10 ($2,001.39). 8.P. APPOINTMENT OF OUTSIDE COUNSEL: Approve the appoint- ment of outside counsel in the matter of Ann Finney-Lucas vs. the City, et al. 8.0. AWARD OF BIDS A}~ CONTRACTS: 1. THIS ITEM WAS MOVED TO THE REGULAR AGENDA (9.N.). 2. Bid Award - to Snap Tite Hose, Inc., via Dade County bid, for purchase of 20 sections of 5" Dura Light Fire Hose, at a total cost of $10,800, with funding from 001-2315-526- 64.35. 3. THIS ITEM WAS MOVED TO THE REGULAR AGENDA (9.A.A.) Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Mrs. Smith. Upon roll call the Commis- sion voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AWARD OF BIDS AND CONTRACTS: Bid Award - to Kaiser Pontiac Buick GMC Truck, Inc. for 2 light duty utility "Jimmy" vehicles, via Orange County Bid, for a total cost of $46,597.82, with funding from 501-3312-591-64.20. The City Manager reported that further discussions have taken place between the Fire Department and the vehicle mainte- nance personnel regarding the longer maintenance contract. Based upon the City's expected usage, staff does not feel the addition- al $1,200 (per vehicle) for the added maintenance warranty is worth the cost. Staff recommends approval of the bid award without the maintenance warranty for a total cost of $44,197.82. Dr. Alperin moved approval of the bid award, as amend- ed, to Kaiser Pontiac Buick GMC Truck, Inc. for 2 light duty utility "Jimmy" vehicles, via Orange County Bid, for a total cost of $44,197.82, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period April 3 through April 14, 1995. -6- 4/18/95 Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECI- SION/BANDANA CABANAS: Consider an appeal of the Site Plan Review and Appearance Board's approval of the architectural elevations for a structure fo~ Bandana Cabanas, to be located east of A-1-A approximately 30 feet south of the beach pavilion. The City Attorney announced that this item will be conducted as a Quasi-Judicial Hearing. The Deputy City Clerk sworn in those individuals who wished to give testimony. The City Attorney stated by order of presentation, City staff will give presentation on issues regarding the appeal. Diane Dominquez, Planning Director, entered into the record all the documents related to this item which are contained in the Planning Department's project file, as well as the City's Comprehensive Plan and the Land Development Regulations. Ms. Dominguez stated that the item before the Commis- sion is the consideration of the appeal of the Site Plan Review and Appearance Board's approval of the architectural elevations for a storage structure for Bandana Cabanas. The appeal was from the Beach Property Owners' Association which states that this structure conflicts with the City's Land Development Regulations and the Comprehensive Plan and also states that the use is non- conforming. She explained that the City has a policy which discourages the establishment of concessions on the beach which is enforced on a regular basis. On occasion, staff has referred individuals to this policy explaining that new concessions, jet skiing and the like, are not permitted uses. It was noted by Ms. Dominguez that the City has had agreements with private parties for this concession and these agreements have been renewed and amended on several occasions. Ms. Dominguez emphasized that in this particular case, the request is considered a conforming use. The Planning Director pointed out that the proposed structure is similar to a lifeguard tower, is temporary in na- ture, and could be removed in the event of a storm. Ms. Dominguez noted that the storage structure is referred to in the current lease agreement and was also part of an agreement with the previous contractor; however, the structure was never built. In respect to this specific proposal, she did not feel that there is any inconsistency with the Comprehensive Plan or the LDR's. However, staff's position regarding the cabana concession could certainly be clarified via amendments to the Comprehensive Plan and the LDR's. At this point the appellant gave her testimony. Sandra Almy, representing the Beach Property Owners, was unsure as to the full intent of the structure. She felt the proposal was in direct violation of both the LDR's and the Com- prehensive Plan and that the proposal is a nonconforming use. She questioned some of the issues in staff's analysis, specifically, it would put the viability of this business in jeopardy if this was continued as a conforming use. The Beach Property Owners object to what they feel would be an expansion of a nonconforming use. Ms. Almy suggested that license agreements should be used instead of contracts because-they can be used as vehicles to do things which would otherwise not be allowed. Ms. Almy pointed out that there are no conditional uses in the Open Space District, should the Commission consider an amendment to the LDR's to list cabanas and chair rentals as a permitted accessory use in the OS district. She warned the Commission to be careful, even though this concession has been there a long time, it may open the door for other concessions. Ms. Almy emphasized that the reason why the City's beach is considered as a pristine and passive beach is the fact that it does not have the commercialization as other beaches. At this point, the applicants gave their testimony. Lindy Franciose, Vice President of Bandana Cabanas Services, stated that shelter from the environment is a very important factor as the concession stand is manned 365 days of the year. In regard to the other uses, storage is needed as well for the chairs and equipment. These items simply cannot be stored within the restrictions of a small ticket booth. In regard to the transaction of cash, she further emphasized that individuals are very much aware of the handling of cash; thus this situation provides a very uncomfortable feeling for individ- uals who work at the concession. 'She reported that several weeks ago an employee was accosted by someone on the beach which re- sulted in a very violent incident. Ms. Franciose stated that the structure will look much like the lifeguard towers. Although a 10 ft. X 10 ft. structure would be adequate, she preferred the structure to be larger. She further stated that there are no plans to request expansion anytime in the future or submit a request for anything that is not allowed in the current lease agreement. Dan Uber stated that he is the individual who mans the concession stand seven days a week. He noted that he has skin cancer as a result of overexposure to the sun and that it was important that he has adequate shelter from the sun. Even though Bandana Cabanas is not allowed to sell sunscreen ointment, Mr. Uber emphasized the importance that beach lovers use sunscreen as a protection against the elements. He reported that the conces- sion has received many compliments from individuals who use the -8- 4/ 8/95 beach. Repairs, which are very minor, are preformed daily in order to maintain equipment and for aesthetics purposes. He emphasized that a 4 X 8 storage space is much too small and that a 10 X 10 structure is workable, although he much preferred a 12 X 12 structure. A storage space of 8 X 8 would probably be sufficient to hold such things like bulky items such as pads but would like to ask permission to use a small storage box. The City Attorney announced that there were no other individuals who wished to give testimony in this matter. Dr. Alperin asked Clarification as to what items are allowed to be rented on the beach? Mr. Uber responded that he was aware of what is allowed because of his current lease contract, beach umbrellas, beach chairs, beach cabanas, flotation devices and mats are allowable items. Items which are not allowed are bottled water and sunscreen products. Mr. Uber presented photographs of an 8 X 8 structure which he presently operates at Pompano Beach. He pointed out that the structure in Delray Beach will have the same colors as the lifeguard towers; in fact, it would be difficult to even tell them apart. Mr. Uber commented that he has been in this business for ten years and would do everything in his power to enhance the aesthetics at the beach in keeping with his lease agreement. Mr. Ellingsworth felt that the cabanas were very impor- tant to enhance the City's tourist industry. He noted that many years ago, prior to the 1947 hurricane, the City stored cabanas under the pavilion. Me felt that it would be desirable to con- tinue the use of cabanas and rental chairs and suggested that the LDR's be amended to list them as an accessory use. Me noted that the structure itself was a different issue and that the Compre- hensive Plan will have to be changed in order to accommodate this use. Mr. Randolph asked what type of cabanas have the most repairs? Also, what is the height of the facility which he operates in Pompano Beach? Is there another storage facility used for backup equipment? It was explained by Mr. Uber that there are two differ- ent types of cabanas. One is a big hooded cabana with a chaise lounge and the other is a platform cabana which uses a pad. Me noted that the platform types are already six years old and result in the most repairs; however, he anticipated phasing out this type within two years. The structure in Pompano Beach has a height of 12 feet. In response to using separate storage, at the end of the summer months, some equipment is pulled off the beach and and is stored elsewhere. Mayor Lynch stated he had a problem with storage on the beach but he was sympathetic regarding idea of trying to find a -9- 4/ 8/95 sales center and a place out of the whether and a place to secure the cash. Mayor Lynch acknowledged that the Comprehensive Plan should be changed in order to accommodate this use and the LDR's should be amended. He asked if boogie boards were allowed? Mr. Uber explained that boogie boards were considered a flotation device, and is included in his lease agreement. Dr. Alpe~in asked if the LDR's and the Comprehensive Plan can be amended to allow this facility with the storage area but to be very specific that nothing else could be added? Ms. Dominguez responded that the language in the Com- prehensive Plan could be amended to reflect very specific regard- lng this particular use. It was suggested by Dr. Alperin that perhaps the spe- cifics would indicate that there be only one contract at a time, that there be one storage for a certain size and the rentals of certain items. In conclusion, Ms. Almy pointed out that this conces- sion has been on the beach for a long time and it is obvious that the business has been successful. She noted that she had read the lease agreement and did not recall any reference to flotation devices. Also, that she had a copy of the bid proposal which reads "concession for the rental of beach umbrellas, beach chairs, cabanas, and similar equipment". Ms. Almy emphasized that there should be no leeway, and even if a suggestion seems reasonable, it's possible .that it might not be such a good idea; thereby setting a precedent. Ms. Almy brought attention to the fact that this vendor is certainly doing a better job than the last vendor; however she was adamant that the beach area should be protected. Dr. Alperin stated that the consideration at hand is whether or not the structure should be approved; whereas, in reality, the real issue is whether the Commission has the right, legally, to allow the structure to be approved according to the City's adopted Comprehensive Plan and the Land Development Regu- lations. Also, do we really want it to be approved, even if we make the change to allow it to be approved? Me commented that at this point this is a structure which should not even be con- sidered. Mrs. Smith felt that the structure would certainly be an asset for the beach, however, the Comprehensive Plan and the LDR's will have to addressed. She stressed that the change to the Comprehensive Plan would have to be very specific so that no other use would be allowed. Mr. Ellingsworth concurred with Commissioners Smith and Alperin and that staff should proceed with the Comprehensive Plan and LDR's changes. -10- 4/18/95 Although he also concurred, Mr. Randolph noted that it may present a problem with changing the Comprehensive Plan and amending the LDR's and by doing so, it may set a precedent for other uses on the beach and the City could be legally challenged. In as much as he would like to see the facility on the beach, he could not support it without the amendments. The consensus of the Commission is that the use is not allowed under the auspicious of the Comprehensive Plan and not to support the Site ~lan Review and Appearance Board's decision. And, that the majority of the Commission is agreeable to a struc- ture but that the LDR's be amended to reflect very specifically as to the type of structure and specific uses. Dr. Alperin moved to support the appeal of the Site Plan Review and Appearance Board's decision and deny the archi- tectural elevations for a 10 ft. X 10 ft. structure for Bandana Cabanas, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. It was the consensus of the Commission to direct the Planning and Zoning Board to consider a change for Comprehensive Plan Amendment 95-2 which is to be adopted in December, 1995 (in order to allow cabanas and beach chairs to be rented on the beach); and, direct staff to proceed with an amendment to the Land Development Regulations in order to accommodate this use but to be very specific in addressing this issue. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 20-95: Second Public Hearing for an ordinance which amends Section 4.4.3(C) (2) of the Land Develop- ment~Regulations to allow home occupations as a permitted acces- sory use within all of the R-1 (Single Family) zoning districts. Planning and Zoning Board recommends approval. Prior to consider- ation of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 20-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", SUBSECTION 4.4.3(C), "ACCESSORY USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBPARAGRAPH 4.4.3 (C) (2) TO ALLOW HOME -11- 4/18/95 OCCUPATIONS AS AN ACCESSORY USE WITHIN ALL SINGLE FAMILY ZONING DISTRICTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 20-95 is on file in the official Ordinance Book) The City.Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Al£ce F£nst, 707 Place Tavent, requested a definition from staff as to what this ordinance will actually accomplish. Diane Dominguez, Planning Director, explained that this ordinance will permit home occupations, as an accessory use, within all single family zoning districts. Ms. Finst informed the Commis- sion that the subdivisions of Chatelaine and Delray Shores had eliminated home occupations for specific reasons which included traffic and signage problems. She also indicated that the Chatelaine Homeowners Association would be very much opposed to the reinstating of home occupations within their community, for as innocuous as they seem in the beginning, they have a tendency to expand and you wind up with increased traffic, trouble with signage and other related problems. She indicated that her community would like to be excluded from the passage of this ordinance and felt the Commission should look carefully at the impact of this ordinance to communities such as Chatelaine and Delray Shores. The public hearing was closed. Mrs. Smith pointed out that there were very stringent restrictions for home occupations such as traffic, signage, etc. She emphasize that the limitations are very protective of the residential neighborhoods. Discussion ensued among the Commission relative to what is considered as "normal traffic" in residential neighborhoods. Ms. Dominguez, Planning Director, noted that the traf- fic standard regulations allow ten trips per day for a single family residence. She pointed out there was a case of two indi- viduals who lived north of Chatelaine (on Brandon Drive) who had been denied home occupation licenses. Also, that staff has received support from residents who live in the R-i-AB districts. The City Manager commented that there have been a great changes in computer technology and that home occupations is one of the fastest growing segments of the economy. Mayor Lynch asked if a piano and/or art teacher would be acceptable under this scenario? 4/ 8/95 Under this scenario, Ms. Dominguez responded that only one student would be allowed at a time in a residential area. Mayor Lynch stated that he had a problem with this and that the City needs to protect and strengthen residential neigh- borhoods. With the exception of certain occupations such as manufacturing representatives and/or small sales, Mayor Lynch felt it would be detrimental to some areas, including the possi- bility of potential abuse of the use; therefore, he could not cast his vote to support the proposed amendment. Mayor Lynch stated" one of the goals of the City is strengthening of residential communities and suggested that the City should receive citizen input on an ordinance such as this one which affects the entire community. He indicated that had the President's Council and leaders of various homeowner associa- tions been notified of this pending ordinance and had the oppor- tunity to express their concerns and support perhaps he would reconsider his position and support this ordinance. Mr. Ellingsworth moved to adopt Ordinance No. 20-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearings. 11.B. From the Public. 11.B.1. Jean Beer gave a lengthy presentation addressing her concerns regarding the expenditures 'of capital improvements for this fiscal year. She noted that a main portion of the Compre- hensive Plan is the Five Year Capital Improvements Element which outlines the needs to identify, prioritize and provide reliable funding sources for needed capital improvements. Ms. Beer did not want to see the City abandoning its commitment to review projects independently in favor of what was really best for the City. She did not want to see projects being rushed through without consid- eration of what has been outlined in the Comprehensive Plan (a copy of her statement is attached hereto and incorporated herein as an official part of the minutes). It was emphasized by Ms. Beer that the $280,000 which is to be immediately used for the purchase of the McGraw Building (for use by the Crossroads Club) will not be readily reimbursed to the City for several years. She also voiced opposition to the funding through forgiveness of the C.R.A.'s debt which should be going into the general fund for the purchase of the historic Monterey House. The following capital improvement needs were highlight- ed: 4/ s/95 1) The Construction Fund needs to be increased by $400,000 in order to construct the streets in Silver Terrace. 2) An extra $339,000 is needed for the construction of the swimming pool at Pompey Park. 3) The need for hurricane shutters for City Hall. Last year this issue had been discussed in detail at which time the consensus of the Commission was that funding was not avail- able. She emphasized that if a disaster should hit the second floor of City Hall the first floor would also be adversely af- fected, including the entire Computer system. 4) The insurance fund has a deficient of $500,000. 5) The undesignated fund balance at the end of the year must cover the cost of operating the city for the three months when we receive ad valorum taxes. Taxes represent almost one- half of our budget. The present balance is $3,754,853. Three months of the total budget is $10,236,00. If your multiply that by 47% (tax portion) we should have an undesignated balance of $4,700,000. It means that we need to add $945,147. 6) The unfunded capital needs which are already iden- tified in the CIP exceeds $10,000,000. The major components are as follows: $549,000 is needed for the Police Department to upgrade its computers and automated fingerprinting system; Public Works has a fuel tank which has to be replaced, which is mandated by E.P.A.; building improvements are needed for both the Community and Catherine Strong Centers ($900,000); Parks & Recre- ation needs $525,000 for improvements for the Boy Scout Hut, Pompey and Miller Parks; road improvements, sidewalks and swales have to be improved throughout the City, totaling $6,739,900. Ms. Beer pointed out that at the Annual Town Meeting, it had been emphasized that there is a need for road improve- ments. Since road improvements increase property values, more revenue will come into the City. She noted that the City is requested to not only accept the proposal for the Crossroads Club and the historic Monterey House but now are requested to spend $660,000 for the lifeguard station. She emphasized in addition, that there would be costly renovations if the City should decide on purchasing the "Sandoway House" (aka "Mood Mouse"). She urged the Commission not to ignore a well drawn out Comprehensive Plan and the needs which are already identified every time a new idea comes along which we just can't pass up. ll.B.2. Lillian. Feldman, representing the United Property Owners, stated that the U.P.O. concurs with statements voiced previously by Mrs. Beer. Ms. Felman did not see a need for the City to consider purchasing the "Sandoway House" (aka "Hood House") which would -14- 4/18/95 also be used as a potential facility to house public meetings. She noted that there is an abundance of available meeting rooms located within the City; such as, various recreational facili- ties, Old School Square, and the Golf Course Clubhouse, the Fire Station, Community Center and Pompey Park. She brought attention to the fact that there arc.many streets in the City that have never been paved. Ms. Feldman felt that unless there was a surplus of four to five million dollars, she did not feel it would be appropriate for the City to purchase expensive beach property. Mrs. Feldman witnessed an individual walking his two large dogs on the beach. She suggested that signs be posted stating that dogs were not permitted on our beach. 11.B.3. Eli Behar stated that he was here to discuss landlord permits. He stated he owns rental property in two different complexes in Delray Beach, and the City ordinance requires him to obtain permits on every unit he owns. He does not agree with this ordinance, he feels if a landlord owns multi-units within the same building or same complex they should be required to obtain one permit. Mr. Behar indicated he had attended a recent Code Enforcement Board meeting at which time they informed him that they are obligated to comply with City ordinances in exis- tence at this time and if he objected with this, then he should voice his objection directly to the City Commission. Mayor Lynch stated that City staff would investigate this issue and respond to Mr. Behar through the City Manager's office. At this point, the City Manager responded to prior comments and inquiries. 11.A. City Manaqer's response to prior public comments and inquiries. The City Manager stated that Jerry Marshall, Chairman of the School Advisory Council, had requested that the City emphasize to the Palm Beach County School Board the urgent need for completion of repairs at the Delray Full Service Center. In response to Mr. Marshall's request, the City Manager reported that a letter has already been prepared which is addressed to Larry Zabik, Assistant Superintendent of Support Services/Palm Beach County School Board. In response to Virginia Snyder's comment regarding the joint marketing agreements between the two banks and the P.E.A.C.E. organization, regarding iow and moderate housing mortgages, staff is checking to see if the City can take advan- tage of this and perhaps receive financing for additional afford- able housing units. 4/ 8/s5 He pointed out that Ms. Snyder had expressed concern regarding the deterioration of grass and landscaping on West Atlantic Avenue. Parks and Recreation Department is currently trying to contact Ms. Snyder in order to pin point the exact locations which she had referenced to see 'if there is a mainte- nance problem. Willie Potts has contacted Mr. Weldon on several occa- sions regarding his ideas for concerts at the tennis center, each time Mr. Weldon ha~ advised Mr. Potts that the City has an exclu- sive contract with Palm Acts, Inc., and that he should contact them directly. Also, Mr. Weldon had provided Mr. Potts with a copy of the contract with Palm Acts, Inc., and the Coordinator's telephone number. The City Manager noted that it is his under- standing that there has been correspondence between the two parties. In response to a request regarding the Butler Building (located at the corner of Lake Ida and N.W. 10th Avenue), the City Manager reported that staff has been working with the prop- erty owner regarding minimum landscape code requirements. Staff has reviewed earlier submissions and identified insufficiencies and have suggested ways to improve his plans. However, the property owner has been very uncooperative and will probably wait until going through the Code Enforcement process before doing any work. Staff is currently monitoring the building as it relates to trash, graffiti; and, based on past history, there will proba- bly not be any landscape improvements for another three to six months. The City Manage~ stated that he has received conflict- ing information regarding the construction schedule for the widening of Lake Ida Road. The City Engineer has contacted the Palm Beach County Engineer and it is understood that they will go to bid sometime during May, with construction to commence in July. However, Lula Butler, Director of Community Improvement, had reported that her staff had contacted the Roadway Construc- tion Coordinator for Palm Beach County who stated that the bid- ding.process will start in May, with construction hopefully to start in September. Staff will contact Palm Beach County again to obtain the correct information. 12. FIRST READINGS - NONE The Commission returned to the Regular Agenda portion of the Agenda. 9.C. RESOLUTION NO. 11-95: Consider a resolution authoriz- ing the City to acquire from the Community Redevelopment Agency the Monterey House property located at 20 North Swinton Avenue, and accepting the Contract for Sale and Purchase. The City Manager presented Resolution No. 11-95: -16- 4/18/95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 11-95 is on file in the offi- cial Resolution Bo6k) City Attorney, Susan Ruby, stated that Resolution No. 11-95 incorporates the contract and all exhibits. The terms of the contract is $260,000.00 for the forgiveness of certain pay- ments that the CRA was to make to the City regarding the tennis facility. (This issue will be addressed in the local agreement under Agenda Item 9.D.). In regard to the contract, the City is required to pay $13,500.00 for landscaping improvements which the City will recoup from the lessee under the terms of the lease. The contract calls for the additional payment of $1,925.00 which is the matching funds for Grant No. 2. She pointed out that this grant will not be awarded until July 1, 1995. It was recommended by the City Attorney that the clos- ing date for the house and nine (9) parking spaces be amended from June 1st to August 15, 1995, upon the Certificate of Occu- pancy and completion of the grant work. The closing on the additional twelve (12) parking spaces will not occur until Octo- ber 1, 1995 and the price as set forth in the contract is $6,000 per space for a total of $72,000. The City Attorney recommended that the approval should be subject to the amended closing date as previously described and the resolution will incorporate all associated exhibits. Mr. Ellingsworth felt that the contract should include something which indicates the availability for the City to use the twelve parking spaces for such activities as tennis tourna- ments and other activities without obtaining approval from the CRA and Historic Palm Beach County. In response, the City Manager explained that this issue should really be addressed under the lease agreement with the Historic Palm Beach County, Inc., however regarding the twelve parking spaces, the City has purchased these spaces and they can be used anytime the City feels would be appropriate. The nine parking spaces meet the LDR's requirements for the Monterey House, and they have first priority. Mrs. Smith question regarding the provision of provid- ing office and meeting space for Historic Palm Beach County, Inc. and other municipal purposes? Does that mean that others can meet there? -17- 4/ 8/95 In response, the City Attorney stated that under the terms of the current lease the CRA, as long as they own the Bungalow, they have the right for exclusive use of what is re- ferred to as the "second room". In regard to the term "other municipal purposes" the resolution could be amended to reflect the provision of certain uses. Mayor Lynch asked for a clarification of Item 2.C. of the Contract for Sale and Purchase, regarding additional payment of $1,925. The City Manager explained that the CRA was successful in receiving an additional Historic Preservation Grant from the State for $13,050.00. This grant requires an equal local fif- ty/fifty match and the $1,925.00 is a portion of this match. Mr. Randolph inquired as to the terms for which the additional landscaping improvements amounting to $13,500 will be recouped by the City? It was explained by the City Attorney that $3,500.00 will be repaid and then $2,000.00 yearly thereafter until the remainder is repaid. She noted that this will be paid out during a five year period. Mayor Lynch complimented the City Manager for doing a good job in trying to compromise between the City and the CRA in working out a solution which otherwise could have been a problem. He expressed disappointment that the two groups had not worked together to resolve all issues before the contracts were pre- pared. He hoped that in the future, everything is done up front so that there will be no misunderstandings or confusion. Dr. Alperin moved to adopt Resolution No. 11-95, as amended as recommended by the City Attorney, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.D. AMENDMENT TO I~fERLOCAL AGREEMENT: Consider an Amended Interlocal Agreement with the Community Redevelopment Agency to show the forgiveness of a portion of the debt owed to the City by the CRA for Tennis Center improvements. The City Attorney stated that the proposed amendment to the Interlocal Agreement with the CRA clarifies the forgiveness of the portion of the debt and sets forth more clearly than the original agreement. Otherwise, there are no changes to the agreement other this clarification. Mrs. Smith moved to approve the Amendment to the Interlocal Agreement with the Community Redevelopment Agency, seconded by Mr. Randolph. Upon roll call the Commission voted as -18- 4/18/95 follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.E. LEASE AGREEMENT FOR MONTEREY HOUSE PROPERTY: Consider a Lease Agreement with Historic Palm Beach County, Inc., for lease of the Monterey House property and nine (9) parking spaces. Mayor Lynch stated that the lease agreement is for the Monterey House and'nine (9) parking spaces for a period of twenty years with rent being one dollar per year. The $230.00 per month is to establish a rePair and replacement fund of which Historic Palm Beach County, Inc. will be required to make sure the fund is solvent. Upon question by the Mayor, the City Manager explained there is a list of items provided which are covered by the repair and replacement fund and when these repairs and replacements are necessary this fund can be adjusted accordingly. Chris Brown, Executive Director of the Community Redevelopment Agency also explained that the standard for this fund was the Builders Owners National Association Manual. It was noted by Mayor Lynch that the last paragraph of the City Attorney's memorandum reflected a closing date of August 12, 1995 and this should be corrected to reflect April 12, 1995. Discussion ensued regarding use of the nine parking spaces by the City. Frances Bourque representing Historic Palm Beach Coun- ty, Inc., in response to the City's use of the nine (9) parking spaces, the Historic Palm Beach County, Inc. would not be holding evening meetings during events such as the Tennis Tournament, therefore, these spaces would be readily available to the City. Ms. Bourque addressed the Mayor's concern regarding the possible repairs to the structure, explaining that if no repairs are needed over a period of twenty years there should be approximate- ly $55,000 (without interest), returned to the City. Mr. Ellingsworth moved to approve the Lease Agreement with Historic Palm Beach County, Inc., as amended, seconded by Mrs. Smith. Upon roll call the CoMmission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 37-95: Consider a resolution authoriz- ing the City to enter into an assignable contract for the pur- chase of the McGraw property located at 306 N.E. 2nd Street, authorizing assignment of the contract, authorizing the City to hold a mortgage on the property, and accepting the contracts and agreements stating the terms and conditions for the acquisition, transfer and mortgage. 4/ 8/95 The City Manager presented Resolution No. 37-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN ASSIGNABLE CONTRACT FOR THE PURCHASE OF CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT 306 NORTHEAST SECOND STREET, DELRAY BEACH, FLORIDA,'AND AS MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE ASSIGNMENT OF THE CONTRACT; AUTHORIZING THE CITY TO HOLD A MORTGAGE ON THE PROPERTY; INCORPORATING AND ACCEPTING THE CONTRACTS AND AGREEMENTS STATING THE TERMS AND CONDITIONS FOR THE ACQUISITION, TRANSFER AND MORTGAGE. (Copy of Resolution No. 37-95 is on file in the offi- cial Resolution Book) The City Attorney stated that the resolution incorpo- rates a contract between the City and Mr. McGraw for the property to be used by the CRC Recovery Foundation, Inc. The assignee (CRC) will assign the contract to them at closing and the City will hold the mortgage on the property. The price of the proper- ty is $280,000.00 which the City will recoup through its mortgage over a seven year period. Ms. Ruby pointed out that there is an error in Para- graph (5). She explained that the City was to pay for the title insurance; however CRC, as assignee, was to pay for half of the environmental assessment. She provided the Commission with a modified version of Paragraph 5 which reads as follows: "The Assignor agrees to provide and pay for the title insurance, real property survey and environmental assessments permitted under the said Contract for Sale and Purchase and Assignee agrees to reim- burse Assignor for one-half (1/2) of the cost of the environmen- tal assessments" Ms. Ruby stated that the City has already put a deposit of $1,000 for an intent which will be applied to the purchase price. Mr. McGraw wanted a 10% deposit $27,000 with the balance to be due at closing, which is set for September 1, 1995, Mr. McGraw will be paying documentary stamps and providing deeds. It was pointed out that the contract contains a Right of First Refusal. Mr. Randolph moved to adopt Resolution No. 37-95, as modified with the change to Paragraph (5); subject to the assign- ment to be effective at the closing date of September 1, 1995, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -20- 4/18/95 Prior to the vote Dr. Alperin stated his concern of setting a precedent and of the City receiving more requests of this nature. 9.G. RIGHT OF FIRST REFUSAL FOR THE SEACREST PROPERTIES: Consider Right of First Refusal Agreements for a 90 day period to purchase property held by NationsBank and the property owned by Rajesh Patel (Seacrest properties located north of N.E. 22nd Avenue on the west side of Seacrest Boulevard, across from Atlan- tic High School. City Attorney Susan Ruby stated that the agreement requires the City to put $100.00 to secure a 90 day period of the Right of First Refusal, and during that period if the bank re- ceive any offer, the City has the right to match that offer. Mayor Lynch stated that the County is putting up $400,000 for their share and if the City does not receive a firm commitment from the Palm Beach County School Board during the 90 day period, he would vote not to support the purchase of the property. Dr. Alperin reported that he had been contacted by the Education Board's Task Force and will be attending the School Board meeting tomorrow, April, 19th, to reiterate the City's offer and asked if he should mention to the School Board the City's concern regarding the tight time frame? It was the consensus of the Commission to have Dr. Alperin notify the School Board that the City wants a response as to their intentions within sixty (60) days and to emphasize that this is a limited time offer only. The City Manager felt that the price of the Patel's property is a little out-of-line considering the size of the property and with the previous offer which the bank had accepted for $315,000.00. He reported that the City had been informed that Mr. Patel had purchased the property at auction for $15,000.00. It was noted by Mrs. Ruby that in a telephone conserva- tion with Mr. Patel, he became insistent that the Right of First Refusal would only be granted under the terms as stated, which is that the City would purchase the property for $100,000.00. She pointed out that NationsBank was firm that during this 90 day period, if they received another bona fide offer, that the City would match it under the same terms and conditions as the con- tract of the bona fide offer. Also, that she would have pre- ferred to tie-in the amount of $315,000.00 which was the amount of a previous contract. Mr. Ellingsworth moved to consider Right of First Refusal Agreements for a 90 day period with NationsBank, and the agreement with the Patel property as modified, seconded by Mrs. -21- 4/18/95 Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.H. REQUEST FOR FUNDING/FLORIDA TREND MAGAZINE ADVERTISE- MENT: Consider funding request for a full page, four color advertisement in the Florida Trend "Regional Spotlight Report" Production and creative costs will be paid by the Community Redevelopment Agency. Placement costs will be shared by the Chamber of Commerce. The C~ty's share is $3,885, with funding from 001-1111-511-49.10. Mayor Lynch asked the City Manager if he was aware of the dollar amount that the CRA will be paying? He felt that they should be contributing the same as the City and the Chamber of Commerce. He felt that it would be of more benefit to the CRA from a tax standpoint. Also, that the shared costs should be an equal amount. The City Manager responded that the CRA stated that they could only afford $1,000 and not $3,885. Mr. Randolph moved to approve the request for funding for Florida Trend Magazine Advertising, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. 9.I. CONTRACT ADDITION (NO. 1)/SULLIVAN BROTHERS, iNC.: Consider a Contract Addition (No. 1) to Sullivan Brothers, Inc. for an 8" water main interconnect between S.W. 8th and 9th Ave- nues in conjunction with the S.W. 9th Avenue Road Reconstruction project, with funding in the amount of $16,035.00 from 442-5178-536-61.78, through budget transfer from 442-5178-536- 46.90. The City Manager stated that the 8" water main will run through the block. He explained that the addition was not in- cluded in the initial contract because the alley only goes half- way through the block. It was worked out that the alley could be connected with the utility easement thereby improving the water service in the whole area. Dr. Alperin moved to approve Contract Addition (No. 1) with Sullivan Brothers, Inc. in the of $16,035.00, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.J. RESOLUTION NO. 36-95: Consider a resolution in support of locating a Convention Center in South Palm Beach County. -22- 4/18/95 The City Manager presented Resolution No. 36-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING AND ENDORSING THE LOCATION OF A CONVENTION CENTER AT THE INTERSTATE-95/CONGRESS AVENUE SITE IN SOUTH PALM BEACH COUNTY. (Copy of Resolution No. 36-95 is on file in the offi- cial Resolution Bo6k) Mayor Lynch repo~ted that the Mayors of Boca Raton/Boynton Beach/Delray Beach held a Press Conference this morning to announce that these three cities join with each of the Chamber of Commerces to support this project and to work together in order to run effective governments (i.e. working for crime prevention, education and other issues). He felt that the meet- ing was well attended and reflects an united effort between the three municipalities. Mr. Ellingsworth moved to approve Resolution No. 36-95, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call the following discussion ensued. Dr. Alperin asked if the other sites which were pro- posed for the convention center had the same complexity as the Knight Commerce Center? He noted that most sites usually have a convention center which contains a hotel at the location. Mayor Lynch stated that this site is totally different and the real issue at this time is the consideration of the best location. It was noted by Dr. Alperin that three office buildings are proposed at this particular location, including a multi-com- plex cinema. He acknowledged that if the convention center was to be approved as presented it would create a lot of competition for existing businesses. Dr. Alperin commented that the conven- tion center with a hotel is an obvious thing; however, he was opposed to a massive commercial project which will take people away from the downtown areas of adjacent cities. He emphasized that a completely enclosed convention center would not benefit the communities, with the exception of providing employment. Dr. Alperin stated that he supports the proposed convention center site; however, he wanted to ensure that the investments that people already have undertaken were not overlooked for the bene- fit of a new developer. Mayor Lynch felt that the site is an ideal location for the convention center as it is located in an area where people -23- 4/18/95 who are attending conventions can easily get to a destined activ- ity in less than an hour. In regard to other proposed sites, this particular location is good because there is no need to provide a great expense for infrastructure as everything is already in place, also, of primary importance, is the site's convenient location between two major airports. 9.K. DIRECTION ON PUBLICLY OWNED MOBILE DREDGE: Provide direction for a reqponse to the Palm Beach Countywide Beaches and Shores Council concerning interest in the joint purchase and operation of a dredge for beach nourishment purposes throughout the county. The City Manager explained that the idea was initially proposed by the City of Palm Beach and they are asking the mem- bers of the Beaches and Shores Council to take a position to purchase a dredge which will be publicly owned and operated by Palm Beach County. Mr. Ellingsworth moved to support staff's recommenda- tion and authorize staff to report to the Beaches and Shores Council that Delray Beach is not interested in participating in the purchase and operation of a dredge at this time, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.L. RESOLUTION NO. 28-95/APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint a member to the Affordable Housing Advisory Committee (contractor position) for a two year term ending March 31, 1997. Commissioner Randolph's appointment. The City Manager presented Resolution No. 28-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINT A MEMBER TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING 'AN EFFECTIVE DATE. (Copy of Resolution No. 28-95 is on file in the offi- cial Resolution Book) Mr. Randolph moved to reappoint the incumbent Tokunbo Abiose to the Affordable Housing Advisory Committee to a term ending March 31, 1997; and, to approve the adoption of Resolution No. 28-95, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.M. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Consider the ratification of three appointments to -24- 4/18/95 the Kids and Cops Committee for two year terms ending April 22, 1997. Mayor Lynch stated that the terms of the following individuals are due to expire on April 22, 1995: 1) Joe Drag- on, representing the Parks & Recreation Department; 2) Jeffrey Miller, representing the Police Benevolent Association bargaining unit; and, 3) Edward Smith, representing the Police Department as designated by the Chief of Police. Mr. Ellingsworth moved to approve the appointments of Joe Dragon, Jeffrey Miller and Edward Smith, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.N. (ITEM 8.O.1.) AWARD OF BIDS AND CONTRACTS: Consider bid award to Regal Contractors, Inc., third iow bidder, in the amount of $305,975.46 for installation of irrigation and land- scaping in conjunction with the West Atlantic Avenue Beautifica- tion project. Funding of $186,118 is available from 228-4141-572-61.31, $127,350 from 334-4141-572-61.31, and $6,000 from 115-0000-248-68.00. The maintenance portion of $18,000 is to be funded from 119-4144-572-46.40 in the FY 1996 budget. The City Manager stated that the low bidder was unable to produce the necessary credentials, including not being certi- fied in Palm Beach County and their qualifier, the person who could obtain the license, is out of the country for a few weeks. The second iow bidder has a similar problem, therefore, the City Manager recommends the bid be awarded to the third low bidder, Regal Contractors, Inc., the difference is $8,000.00 above that which was originally estimated for the project. Mayor Lynch asked if the iow bidder had put up a bid bond? And, if so, would the individual and/or firm lose the bond? Nancy Davila, City Horticulturist, stated that all contractors who place a bid are required to put up a bid bond; however, it was her understanding that if the City does not award a bid, everyone is returned their bid bond. Mayor Lynch stated that it was his understanding that if a contractor does not receive an award of bid, the bid bond is forfeited, which is usually 5% of the contract. City Attorney Susan Ruby stated that she would review the contract and bidding process and will follow through on this issue. In response to Mayor Lynch's inquiry as to the perfor- mance of the third bidder, Ms. Davila stated that contractor has -25- 4/18/95 done work in West Palm Beach and Boca Raton. After discussing the contractor's work with both cities, each reported that the con- tractor has performed very well. Dr. Alperin expressed concern that the City has.paid someone for a design which was not a feasible design for the budget for which they were directed to follow. After analyzing bids to see why the bid came out much higher, Ms. Davil~ explained that the irrigation system repre- sents approximately $130,000 of the entire bid amount. She believed that the supplier had informed the contractor that the irrigation equipment resulted above that which had been original- ly estimated. The consultant had stated that the cost could be reduced on this project if the City were to consider irrigation alternatiues. Upon further questioning, Ms. Davila noted that the City of Delray Beach is the regional demonstration site for this type of equipment and have preceded Boca Raton in the imple- mentation this type of irrigation system. She further noted that Walt Disney World only recently have switched over to this sys- tem. She emphasized that this system is a new technology on the market. The.consultant had investigated the system thoroughly and had spoken to the distributor. Accordingly, they had based their original estimate on information which was received from the distributor regarding cost savings which they could pass on to the City. In conclusion, Ms. Davila felt that the contractor's work is excellent and that the quality of the contract and its specifications is beyond anything which has been received for this type of project. She did not think that it was a lack of performance on their part but they were given bad information; however, she felt they made every effort to investigate and give us real costs on the irrigation system. Mr. Randolph stated that once the warranty has expired on the irrigation system, he hoped that the City could sustain maintenance costs as it could possibly become very expensive. It was pointed out by Ms. Davila that Parks & Recrea- tion Department has this type of irrigation system all over the City and that they are very pleased that it is being monitored as to maintenance and water conse~¢ation. She felt that in the long run, the irrigation system will save the City money in terms of water conservation. Mr. Randolph moved to approve the bid award to Regal Contractors, Inc., the third low bidder, in the amount $305,975.46 and directed staff to review the Bidding Process, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. -26- 4/18/95 9.0. (ADDENDUM ITEM) SIDEWALK CONSTRUCTION AGREEMENT BE- TWEEN THE CITY AND AFFECTED PROPERTY OWNERS: Consider Sidewalk Construction Agreement between the City and affected property owners, to be used in conjunction with the construction of side- walks as part of the East Atlantic Avenue Beautification Project. The City Attorney explained the request under consider- ation is approving the form of the agreement and then having the City Manager or the Mayor execute these agreements in order to meet the time requfrements. It was noted by the City Manager that the City expects to have the agreements executed before May 1, 1995, and there is no time limit on the agreements. Mr. Ellingsworth moved to approve the Sidewalk Con- struction Agreement between the City and Affected property Owners for the construction of sidewalks as part of the East Atlantic Avenue Beautification Project; and, to authorize the City Manager to enter into these agreements as needed, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.P. (ADDENDUM ITEM) CONSIDER APPROVAL FOR DONNA SUMMER CONCERT ON SUNDAY, MAY 14, 1995, AT THE TENNIS STADIUM: Consider approval for Donna Summer concert on Sunday, May 14, 1995, at the Tennis Stadium. The City Manager stated that under the terms of the City's contract with Palm Acts, Inc., the City Commission has approval authority over scheduled concerts. Dr. Alperin moved to approve the Donna Summer Concert to be held on Sunday, May 14, 1995 at the Tennis Stadium, second- ed by Mrs. Smith. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. It was noted by the City Attorney that the City will have to work out security arrangements for the ticket holders. Due to the tight timeframe involved, it was the consen- sus of the Commission to have the City Manager and staff work out the details. 13. Comments and Inquiries on Non-Agenda Items. 13.A. The City Manager stated that he has received a letter from Frances Bourque, Secretary, Florida Trust for Historic Preservation, requesting a $500 sponsorship for the annual meet- ing which will be held in St. Augustine. He noted that last year -27- 4/18/95 the City had provided a $1,000 sponsorship. The City Manager was happy to report that the City will be receiving an award this year in the Preservation Education category for the B.J. James and Frances Bright Park. The City Manager reported that the CRA, Delray Mer- chants Association and VISIONS West Atlantic have discussed the issue of upgrading the two mini parks which are located on West Atlantic Avenue on either side of 1-95. A proposal has been received to make r~commendations for rejuvenating landscaping in these parks totaling $5,500 for the design work. Mayor Lynch asked if the CRA was involved in this proposal? The City Manager stated that the CRA is not involved. Although the City and the CRA have a very good relationship, Mayor Lynch felt that as the CRA expands they should participate in certain areas, which would be to their benefit, as well as for the City. Since the CRA is an arm of the City, there should be a coordinating effort to help the City rejuvenate. He felt it is the CRA's financial responsibility to share with the City in costs. It was the consensus of the Commission to proceed with both requests. The City Manager stated that a FAX was received from Jack Horniman, Executive Director of the Municipal League, in- forming the City that there is a vacancy on the Countywide Impact Fee Review Committee. Anyone who is interested in serving as a Municipal league representative on this committee is invited to submit a letter of interest to the Municipal League's office by April 28th, 1995. At the March 30, 1995 Organizational Meeting the Com- mission had discussed the possibility of holding the Goal Setting Meetings during the month of May. After brief discussion, it was the consensus of the Commission to hold the Goal Setting Meetings on June 5 and June 8, 1995 at 6:00 P.M., the location is to be determined. 13.B. The City Attorney did not have any comments nor inqui- ries. 13.C.1. Mrs. Smith reported that she had attended the Problem Oriented Policing meeting which was held on Monday, April 17th. She distributed a handout to the Commission members which was prepared by the Police Department regarding creative ways to approach crime solution. Mrs. Smith congratulated Mayor Lynch and Commissioner Randolph on their participation in the Easter Parade. Concern was expressed by Mrs. Smith regarding the possibility of a potential hurricane. Since she felt City Hall -28- 4/18/95 was particularly vulnerable, she asked that this issue be read- dressed. Also, Mrs. Smith asked if the Centennial signs located at the Tennis Facility could be used during the Delray Affair. She suggested that the signs be located at visual locations, possibly on Atlantic Avenue near the 1-95 east/west exits and at Old School Square, etc. 13.C.2. Dr. Alpe~in stated that the "Welcome to Delray Beach" going east were great; however, welcome signs should also be located on West Atlantic Avenue for those individuals who use the 1-95 west exit. The City Manager responded that there will be signs located at the east and west exits; however, the sign for the west exit has not been installed yet. 13.C.3. Mr. Ellingsworth asked the City Manager if he had received a response from Waste Water Treatment Plant regarding the City's concern of engineering fees? The City Manager responded that he had received a revised proposal that is somewhat lower; however, he anticipated engineering fees to be even lower. Mr. Ellingsworth complimented the City Manager on his awareness. ~3.C.4. Mr. Randolph suggested that the City make arrangements to have something special in appreciation and recognition of individuals who serve on various City boards and maintain perfect attendance for a year. ~3.C.5. Mayor Lynch stated that the press announcement for the Donna Summer concert to be held at the tennis stadium on May 14, 1995 was well received. He noted that monies from the concert will go toward well deserving charities and noted that some of the money will benefit local charities, as well. Mayor Lynch stated that there were a couple of homes which he noticed have front yard fences which do not seem to conform to height restrictions. Since these fences may obscure visual sight for drivers of vehicles, Mayor Lynch wanted to avoid the possibility of potential accidents. He requested that this issue be reconsidered (amending the LDR's) in the very near future. Concern was expressed by Mayor Lynch as to the status of the East Atlantic Avenue Beautification Project. Since the project is anticipated to be completed by Thanksgiving, he hoped that the contractor's bids would be received prior to June 6th dead date at which time the Commission will take the matter under consideration. -29- 4/18/95 The City Manager pointed out that the State is aware of the City's timeframe. If they cannot meet our timeframe, then the project would have to be postponed; however, the State will still honor the ISTEA grant. Mayor Lynch emphasized the urgency for contractors' to submit precise bids. If they were exact in their initial esti- mates, it would eliminate the need to add onto their estimates at a later date thus saving the City money. He further emphasized there should be Dtricter regulations for the entire bidding process. Mayor Lynch declared the meeting adjourned at 8:55 P.M. ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and that the information provided herein is the minutes of the meeting of said City Commission of April 18, 1995 which minutes were formally approved and adopted by the City Commission on - - ~ity Cl~k - ' NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, they are not the official minutes of the City Com- mission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions to the minutes as set forth above. -30- 4/18/95