Loading...
05-16-95 MAY 16, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, May 16, 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 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 Lynch noted the addition of Addendum Item 9.K. (RESCIND VEHICLE BID AWARD AND RE-AWARD BID) to the Regular Agenda. The City Attorney requested that Item 9.B., Regular Agenda (RESOLUTION NO. 42-95) be moved to the Public Hearing portion of the Agenda as Item 10.A.A. Mr. Ellingsworth moved to approve the agenda, as amend- ed, 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. 5. ADproval of Minutes: None 6. Proclamations: 6.A. Recognizing Mr. John Patrick on the occasion of his 90th birthday - May 17, 1995. Mayor Lynch read and presented a proclamation recogniz- ing Mr. John Patrick for his many outstanding achievements and wishing him a Happy 90th Birthday and the best of health and happiness. Mr. Patrick came forward to accept the Proclamation. 6.B. Day of the African Child - June 16, 1995. Mayor Lynch presented a proclamation recognizing June 16, 1995, as the Day of the African Child urging all citizens to commemorate this special day by promoting public awareness so that everyone can work to advocate for greater resources and public attention to ensure the survival, protection, and develop- ment of Africa's children and for children worldwide. 7. Presentations: 7.A. Employee Suqgestion Awards: * Sylvia Foster * Rodger Ribeiro * Paul Dorling Assistant City Manager Bob Barcinski stated that sever- al years ago, with the support of the City Commission, an Employ- ee Suggestion Award Program was established whereby employees who made suggestions which saved the City dollars or productivity improvements could receive cash awards up to 20% of the annual savings to the City. Sylvia Foster, Human Resources, had noted that at the City Employee(s) last annual picnic there was a problem with the soda machine at the Pepsi Wagon. By pursuing the matter, Ms. Foster saved the City over $200 on the City's bill. Mayor Lynch read the Certificate of Achievement and presented Ms. Foster with a cash award of $50.00. Roger Ribeiro, Parks and Recreation Department, is involved with the City's After School Program and noted that HRS requires each staff member to have a physical every two years. These employees were being sent to the City's physician at a charge of $75.00. Mr. Ribeiro suggested that since the City now has an HMO medical program, the employees could be sent through this program; thereby, saving the City approximately $45.00 on each physical (saving the City $250.00 annually). Mayor Lynch read the Certificate of Achievement and presented Mr. Ribeiro with a $50.00 cash award. Paul Dorling, Principal Planner, had conducted re- search on a proposed annexation of property west of Military Trail. In reviewing the cost estimates, Mr. Dorling noted that sewer rate costs did not seem right. Upon further investigation, he discovered that the City had not been charging the correct amount. Through Mr. Dorling's efforts and research, it was determined that the City was undercharging for this service by approximately $21,000 annually. 2 5/16/95 Mayor Lynch read the Certificate of Achievement and presented Mr. Dorling with a cash award totaling $4,310.00. At this point, Dr. Alperin took the opportunity to report that the Chamber of Commerce has presented special recog- nition awards acknowledging the Tennis Center, Veteran's Park Playground and the Fire Station No. #1. 8. CONSENT AGENDA: 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions taken by the SCRWTD Board on April 20, 1995. 8.B. ENGINEERING SERVICES CONTRACT AND SERVICE AUTHORIZATION NO. I WITH CH2M HILL: Approve an agreement for general civil/ sanitary/aquifer storage and recovery (ASR) consulting services with CH2M Hill, and Service Authorization No. 1 in the amount of $277,021.00 for design, permitting, construction administration and resident project representative services for installation of an Aquifer Storage and Recovery well at the North Reservoir/City Attorney site; with funding from 440-5179- 536-63.54. 8.C. ENGINEERING SERVICES CONTRACT/SHEREMETA ASSOCIATES, INC.: Approve an agreement for general civil and sanitary con- sulting engineering services with Sheremeta Associates, Inc. 8.D. CHANGE ORDER NO. 2 AND FINAL PAYMENT/HARDRIVES OF DELRAY, INC.: Approve deduct Change Order No. 2 in the amount of $5,910.64, and final payment in the amount of $13,134.86 to Hardrives of Delray, Inc. for completion of the North Tank Site/City Attorney Parking project, with funding from 441-5161-536-63.91. 8.E. CHANGE ORDER NO. 3 AND FINAL PAYMENT/FLORIDA DESIGN CONTRACTORS INC.: Approve Change Order No. 3 in the amount of $1,110.00 and final payment in the amount of $47,336.50 to Flori- da Design Contractors, Inc. for completion of the Golf Course Production Wells #35 and #36, with funding from 440-5179-536-63.52. 8.F. CHANGE ORDER NO. 2 AND FINAL PAYMENT/INTERCOUNTY ENGI- NEERING, INC.: Approve deduct Change Order No. 2 in the amount of $4,782.24 and final payment in the amount of $7,653.50 to Intercounty Engineering, Inc. for their work on the Golf Course On-Site Utilities project, with funding from 442-5178-536-61.83 8.G. FINAL PAYMENT/BEST ELECTRICAL EXPERTS, INC.: Approve final payment in the amount of $26,900.00 to Best Electrical Experts, Inc. for their work on the Pompey Park Basketball Court Lighting project, with funding from 334-4172-572-63.01. 8.H. AMENDMENT TO LEASE WITH OLD SCHOOL SQUARE: Approve an amendment to the lease with Old School Square to provide for an -3- 5/i6/95 extension of the lease term from 2009 to the year 2016 so that Old School Square, Inc. will qualify for a grant. 8.I. AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF LANDSCAPING/EAST ATLANTIC AVENUE: Approve an agreement between the City and F.D.O.T. for maintenance of the proposed landscaping on East Atlantic Avenue. 8.J. AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF STREET LIGHTING/EAST ATLANTIC AVENUE: Approve an agreement between the City and F.D.O.T. for maintenance of the proposed street lighting on East Atlantic Avenue. 8.K. FACILITIES CONVERSION AGREEMENT WITH LEADERSHIP CA- BLE/EAST ATLANTIC AVENUE: Approve an agreement with Leadership Cable for the relocation of existing overhead facilities on East Atlantic Avenue to underground as part of the East Atlantic Avenue Beautification project, in the estimated amount of $8,183.20 with funding from 228-4141-572-61.73. 8.L. MODIFICATION OF STANDARDS OF APPROVAL/BOAT DOCK AT 2313 SPANISH TRAIL: Authorize a modification of standards of approval as set forth at LDR Section 7.9.5(B) to allow a boat dock closer than 10 feet to the adjacent property line, based upon positive findings. 8.M. TEMPORARY USE OF BOOTSTRAP PROGRAM FUNDS FOR ACQUISI- TION OF PROPERTY AT 239 N.E. 1ST AVENUE: Approve the temporary use of local Bootstrap Program funds in the amount of $62,445 for the acquisition of property at 239 N.E. 1st Avenue, and authorize the issuance of a Request for Proposal in accordance with State law governing the disposition of public properties. 8.N. RULES AND REGULATIONS OF THE HISTORIC PRESERVATION BOARD: Approve the Rules and Regulations of the Historic Preser- vation Board, as amended. 8.0. RESOLUTION NO. 39-95: Approve a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 110 S.W. 12th Avenue. The caption of Resolution No. 39-95 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 DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST s/ 6/95 ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 39-95 is on file in the offi- cial Resolution Book) 8.P. RESOLUTION NO. 40-95: Approve a resolution assessinH costs for emerHency abatement action required to board up an unsafe building at 212 S.W. llth Avenue. The caption of Resolution No. 40-95 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 DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE 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 PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 40-95 is on file in the offi- cial Resolution Book) 8.0. RESOLUTION NO. 41-95: Approve a resolution assessinH costs for emerHency abatement action required to remove an aban- doned septic tank at 242 N.W. 6th Avenue. The caption of Resolution No. 41-95 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 DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO -5- 5/16/95 BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 41-95 is on file in the offi- cial Resolution Book) 8.R. APPOINTMENT OF OUTSIDE COUNSEL/VIGNARI CLAIM: Approve the appointment of Kent Pratt to represent Officer McCollum in the case of Vignari versus the City of Delray Beach and Patrick McCollum. 8.S. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and Hold Harmless Agreement regarding the sale of the canine Rambo to his handler Louis Brown. Dr. A1perin moved to approve the Consent Agenda, sec- onded by Mr. Ellingsworth. 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. Prior to roll call, Mayor Lynch asked if the consul- tant's fee in the amount of $277,021.00 was correct for Service Authorization No. 1 (Item 8.B.) as this amount reflects a cost of 20% of the total cost for the project? Dick Hasko, Deputy Director of Public Utilities, ex- plained that the fee is accurate and reflects the scope of work for this particular project. He emphasized that this project is more complex as compared to average projects. 9. REGULAR AGENDA 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 May 1 through May 12, 1995. Dr. Alperin moved to receive and file the report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.B. MOVED TO THE PUBLIC HEARING PORTION (ITEM 10.A.A.). 9.C. PROPOSED LOCATION OF BEACH PATROL HEADOUARTERS: Mr. Barcinski stated that the item under consideration was discussed at the workshop meeting of May 9, 1995, at which time the Commission requested additional information for a pro- posal of a suggestion by resident Robert Neff regarding Ingraham Avenue. At that time the Commission directed staff and the ~/i~/9~ City's consultant, David Miller, to evaluate the suggestion. In addition, for the Commission's consideration, a proposal was received after the agenda was distributed regarding a citizen's efforts with the Trust for Public Land to see if there may be monies available for restoration and the possible acquisition of property at 142 South Ocean Boulevard. David Miller, Consultant, presented an overview of the proposal for moving Ingraham Avenue 40 feet to the north which would almost double the amount of parking spaces. He stated that the structure could be located at the facility at the eastern portion of the property; combining the roadway with the existing property to the north; installing a parking lot and accessing off (of) Gleason Street towards the combined property. This would allow 64 parking spaces which would double the amount of parking presently at the Ingraham road site. Mr. Miller pointed out that this site has comparable conditions as Sandoway Park. The poten- tial costs would be approximately $75,000 to $80,000 of addition- al site costs, which is above the project cost of $230,000 which was identified for the construction of the facility. After discussing the issue with the City Attorney, there may be inherent problems relative as to how to proceed with the abandonment of the roadway. Mr. Miller explained that an abandonment requires that the center line of the roadway be split between the two properties on either side of it. In trying to analyze the situation and to determine if the site would be laid out effectively, the only reasonable solution to do so is to leave the roadway in place and install parallel parking which would give a one-way roadway down Ingraham Avenue. It was noted by the City Attorney that there are legal restrictions regarding the use of the Ingraham roadway which is platted and dedicated to the public as a roadway. Mayor Lynch inquired as to the timeframe for the Trust for Public Land's proposal? According to information which was received, Mr. Barcinski responded that a representative of the Trust for Public Land is planning to visit the site on Friday, May 19, 1995. After that time the representative should be able to present some indication (providing the private trust is inter- ested) as to the viability of a grant to the City. Mr. Randolph felt that the residents who may be affect- ed by this proposal should be contacted by City staff so that there is early dialogue between the residents and the City. It was pointed out by Mr. Barcinski that several resi- dents from the adjacent condominium on Ingraham have requested that the City consider the possibility of making the street a one-way due to concerns of site distance and turning radius, etc. After brief discussion, it was the consensus of the Commission to delay action on the proposal until such time that -7- 5/16/95 more information is received; and, to give the City Attorney sufficient time to review the potential abandonment of the road- way. Mrs. Smith moved to postpone consideration of the proposed location of the Beach Patrol headquarters to the Regular Meeting of June 6, 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. 9.D. SEACR~ST PROPERTY ACQUISITION: Provide direction concerning the Seacrest Property project in view of the School Board's priority list for the 1995-96 school year. Dr. Alperin, Commission's liaison for the Seacrest Property Task Team, reported that the acquisition of the Seacrest property is not presently on the School Board's priority list for the 1995-96 school year. The School Board will be meeting to vote on its priority list on Wednesday, May 17, 1995. Dr. Alperin requested direction from the Commission as to how to proceed with the proposal before the School Board. Although the project is not on the priority list, Dr. Alperin felt there was a possibility it could be added if the City vigorously pursues the matter. At this point, Palm Beach County Commissioner Mary McCarty came forward and verbally confirmed the County's commit- ment of $400,000 for this project, provided the School Board commits to being the third party. Commissioner McCarty suggested that the City seek clarification from the School Board as to a definite time frame in which the School Board intends to include this project in its capital improvement program. If the project cannot be accommodated in the FY 1995/96 budget, perhaps the School Board would commit to its inclusion at a future date, which the City and County could both plan for accordingly. Discussion followed, with the consensus being to au- thorize Dr. Alperin to reaffirm the City's commitment of $300,000 and the County's commitment of $400,000 for this project to the School Board at their May 17th meeting. However, the City has Right of First Refusal Agreements on the two parcels involved and these agreements expire on August 2, 1995. Therefore, Dr. Alperin should put the School Board on notice that we must have a deal for a tri-party interlocal agreement to get the project going within 24 months by the end of the right of first refusal period on August 2, 1995. If no commitment is received, then the project will be dropped. Mr. Ellingsworth so moved, seconded by Mr. Randolph. 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. 8 5/16/95 9.E. REQUEST TO PURC~IASE CITY OW'NED PROPERTY/EBENEZER WES- LEYAN METHODIST C~URCH: Consider directing staff to initiate the possible sale of City owned land to Ebenezer Wesleyan Methodist Church, located at 201 S.W0 6th Avenue. Mr. Barcinski stated that the 26 X 135 foot parcel is located between two properties which the Church already owns. If the Commission is interested in pursuing the sale, staff will need direction to investigate whether the parcel is needed by the City, determine if the applicant or the City will obtain the appraisal, and determine a fair market price prior to any commit- ment for sale. It was noted by the City Attorney that additional material was provided to the Commission by Reverend R. L. Howard, Pastor of the Ebenezer Wesleyan Methodist Church, regarding items he would like to see as part of the contract. The request is as follows: 1) if the property is purchased, it must be develop- able; 2) the property must not be restricted to use as an alley- way or public right-of-way; and, 3) the property must be able to combine with other church property for future development. City Attorney Susan Ruby stated that the Commission's direction is needed so that negotiations can be initiated. It was the consensus of the Commission to direct the City Attorney's office to evaluate the possibility of sale of the property to Ebenezer Wesleyan Methodist Church. 9.F. SEWER EXTENSION COST S~{ARING REQUEST/LEE PROPERTY: Provide direction concerning a request to share in the cost of extending a sanitary sewer line from the east boundary of the Lee Property site to an existing manhole on Barwick Road. Mr. Barcinski stated that Gerald B. Church. P.E., representing the property owner, is requesting the City to share substantially in the cost for extending the sewer line from the Lee property east to Barwick Road to the existing sewer line to tie in with the lift station. The sewer line would have to run approximately 1,400 feet through an unincorporated area that might not be annexed for several years. Also, the proposal re- quests that the City pay its share by crediting through connec- tion fees for this property. Economically, research has shown that this is probably the easiest way to get sewer to the proper- ty. Mr. Barcinski stated that the estimated cost is approximate- ly $145,000. Dick Hasko, Deputy Director of Public Utilities, point- ed out that, depending on the type of negotiations, the amount could range between $55,000 and $130,000. He noted that the proposal may affect the existing prioritization of the five year capital improvements. This would have to be taken under consid- eration as there are numerous projects which are waiting for funding. 9 5/16/95 Concern was expressed by Dr. Alperin regarding setting a precedent. He asked if this has been done before? Also, how would this benefit the City? In response, Mr. Hasko explained that essentially the sewer would be off-site to the property which is being developed. The sanitary sewer would run down Franwood Drive which has ap- proximately 26 homes and is located within an unincorporated area. Mr. Hasko checked with the County's Health Department and was informed that, in the future, if one of these homeowners were to go to the Health Department for any reason, the property owner would have to present a survey which would reflect the availabil- ity of sewer to the lot and then the property owner would be required to connect. Regarding the particular connection point located at the intersection of Franwood Drive and Barwick Road, Mr. Hasko explained that Lift Station #86 had been moved several years ago when the elementary school on Barwick was constructed. At that time the City intentionally constructed the lift station and the gravity sewer in Barwick Road deep enough so that the unincorporated area could be picked-up in the event of annexa- tion. He pointed out that there was another facility in another direction which could possibly serve this site; however, it would require the construction of a lift station on the site. Bill Plum, representing the property owner, stated that the prospective developer is willing to pay the necessary fees which would be required for the development of roughly 50 to 55 single family homes on the property. This development proposal is well under the maximum number of units which could be built on the property, but it is the developer's intent to construct a single family, middle class development geared to young, upwardly mobile families. Mr. Plum noted that the Commission has publicly stated this is the type of development they would like to see occur in Delray Beach. The estimate from Environmental Services for the cost of running a sewer line to the property is roughly $150,0000 If the developer has to pay this high amount all on his own, it will ultimately be passed on the the buyers and the cost of the single family homes may well go out of reach of the targeted buyer group. Lengthy discussion ensued among the Commission and staff members regarding connection fees, possible annexation and developing the property for single family homes. Dr. Alperin moved to direct staff to continue negotia- tions with the principals, with the understanding that the City is willing to participate in the cost of extending the sewer line. However, that participation is to be limited and must be negotiated further than the proposal presented this evening. The motion was seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. -lO- S/i6/9S Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearing portion of the Agen- da. 10. PUBLIC HEARINGS: 10.A.A. RESOLUTION NO. 42-95: Consider a resolution authoriz- ing the City to purchase the Tate property located along Davis Road and to transfer same to a specified designee, accepting the contracts and agreements stating the terms and conditions, and approving the settlement agreement for Tate versus City, et al. A public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 42-95: 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; AUTHORIZING THE CITY TO TRANSFER TO A DESIGNEE THE SAME REAL PROPER- TY, HEREBY INCORPORATING AND ACCEPTING THE CONTRACTS AND AGREEMENTS STATING THE TERMS AND CONDITIONS FOR THE ACQUISITION AND TRANS- FER BETWEEN THE SELLER, THE DESIGNEE, AND THE CITY OF DELRAY BEACH, FLORIDA, AND ADOPTING THE SETTLEMENT AS CONTAINED IN THE AGREEMENTS ATTACHED HERETO. (Copy of Resolution No. 42-95 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the resolution. 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 public hearing was closed. The City Attorney stated that this item incorporates three separate packets of settlement documents which are included in this transaction. She gave a brief explanation of each, and summarized by stating that with the adoption of Resolution No. 42-95, the pending litigation between Mr. Tate and the City will be resolved. Dr. Alperin moved to adopt Resolution No. 42-95, sec- onded by Mr. Randolph. Upon roll call the Commission voted as follows; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes;-Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. -11- 5/16/95 10.A. TRANSFER OF PROPERTY TO HABITAT FOR HUMANITY OF BOCA- DELRAY: Consider approval of a contract for the transfer of property located on N.W. 4th Avenue between 3rd and 4th Streets from the City to Habitat for Humanity. 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 public hearing was closed. Mr. Ellingsworth moved to approve the transfer of property located at N.W. 4th Avenue between 3rd and 4th Streets from the City to Habitat for Humanity of Boca-Delray, 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. 10.B. REQUEST FOR SIGN CODE WAIVER/FLORIDA SHERIFFS YOUTH RANCH, INC. THRIFT STORE: Consider a request for waiver of LDR Section 4.6.7(C) (4) governing roof top signs for the Florida Sheriffs Youth Ranch, Inc. Thrift Store located at 1350 North Federal Highway. Site Plan Review and Appearance Board recom- mends approval. 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. Lula Butler, Director of Community Development, stated that staff could not recommend a positive approval because it is a waiver to the sign code and there is no legitimate hardship. There are two flat wall signs which were approved for this build- ing; one is located on the front of the building facing Federal Highway and the second sign is on the north elevation of the building. Both of these signs incorporate the use of the Sher- iffs Youth Ranch logo. The request is to place a sign (including the logo) above the roof on the existing architectural feature. The Site Plan Review and Appearance Board reviewed the request at its March 15, 1995 meeting and voted to support the waiver, with the condition that the horizontal framing element that currently exists on the arch be removed. Alison Evans, representing the Florida Sheriffs Youth Ranch, Inc. Thrift Store, stated that the Youth Ranch offers various services for youths and families throughout the State. She pointed out that the thrift store would like to place the sign with the logo in a highly visible place on the arch which is located above the roof of the building. The public hearing was closed. Dr. Alperin stated he had recently visited the North Federal Highway area and that he personally would like to see the whole area changed (i.e. buildings, signs, design and more activ- ities). Although he did not object to this particular proposal, he reiterated his concern about setting a precedent which could then open the door for similar requests. -12- 5/16/95 Mr. Randolph did not have a problem with the request as long as the sign and logo were contained within the architectural design above the roof. He felt that the architectural feature was part of the integral part of the design structure of the building. If the sign was to assist in opportunities for the applicant, he could support the request based upon these facts. Mayor Lynch asked staff if there was a clear cut regu- lation or was this an interpretation? In response, Ms. Butler stated the Chief Building Official's interpretation is that the architectural feature does not have anything to do with the structure of the building. After discussion, Mr. Randolph moved to sustain the recommendation of the Site Plan Review and Appearance Board, based upon the finding that the unusual architectural curve on this particular structure is unique, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 10.C. ORDINANCE NO. 21-95: An ordinance modifying the Spe- cial Activities District (SAD) for the Layer's North development located on the east side of S.W. 10th Avenue and Lindell Boule- vard, south of Linton Boulevard. Planning and Zoning Board recommends approval. 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. The City Manager presented Ordinance No. 21-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE LEGAL DESCRIPTION FOR THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTAB- LISHED BY ORDINANCE NO. 65-80; MODIFYING THE CONDITIONAL USE AND SITE PLAN APPROVAL FOR THE SUBJECT PROPERTY; PROVIDING FOR REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE PLAN MODIFICATIONS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 21-95 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. -13- 5/16/95 The City Attorney announced that this item will be conducted as a quasi-judicial hearing. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record all pertinent documents contained in the Planning Depart- ment's file for the rezoning ordinance and original SAD ordinance for Layer's North. The proposed modification is to Layer's North SAD (Special Activities District). The subject property is pro- posed for four five-story multi-family buildings containing up to 232 residential dwelling units. This proposal is to replace those 232 units with 228 garden type apartments contained in ten three-story buildings. The intent of the proposal is to build a more contemporary and marketable product for the property. She pointed out that the other changes on the property include the elimination of 10 existing tennis courts, parking and reworking the proposed plans to eliminate the proposed restaurant and meeting rooms which were associated with the tennis resort. In regard to required findings, this proposal is consistent with the underlying land use designation on the property of Medium Density Residential. She noted that the SAD zoning includes the submis- sion of a site plan. The master plan is under consideration this evening. If action is that of approval, then the full site plan will proceed to SPRAB for its approval. Ms. Dominguez explained that any future modifications to the site plan or to the site details will be considered by SPRAB. However, any changes to use or intensity would have to be authorized by ordinance and, hence, approved by the Commission. The Planning and Zoning Board reviewed the request at its public hearing on May 17, 1995. At that time no one wished to give public testimony and the Board unanimously recommended approval. Doak Campbell, III, attorney representing the develop- er, stated that the proposal presents an opportunity to help a blighted area. Mr. Campbell presented a history of the property and pointed out that the development will cater to young profes- sionals who have salaries in the approximate range of $40,000 per year. The monthly rental will range between $700 to $1,000. He emphasized that these individuals will be permanent residents with good income who will contribute toward the financial well being of the community. Mr. Campbell emphasized that the devel- oper has an excellent record of developing projects with an abun- dance of quality landscaping. The public hearing was closed. The City Attorney noted that there were no other indi- viduals who wished to give public testimony on this ordinance. Also, that there were no questions asked by the Commission, nor was there any cross examination. -14- 5/16/95 Mr. Ellingsworth moved to adopt Ordinance No. 21-95 on Second and FINAL Reading based upon positive findings with re- spect to Chapter 3 (Performance Standards) of the Land Develop- ment Regulations, Section 2.4.5(D) (5), and policies of the Com- prehensive Plan, seconded by Mrs. 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. 10.D. ORDINANCE NO. 22-95: An ordinance amending the Land Development Regulations by enacting a new Section 4.4.28, "Cen- tral Business District - Railroad Corridor (CBD-RC)", and amend- ing LDR Section 4.3.4(K), "Development Standards Matrix", to provide development standards for the new district. Planning and Zoning Board recommends approval. 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. The City Manager presented Ordinance No. 22-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR (CBD-RC"); AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO PROVIDE DEVELOPMENT STANDARDS FOR THE NEW DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 22-95 is on file in the official Ordinance Book) Assistant City Attorney David Tolces 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. Charles Lee stated that he owns property which is located at the southern end of the proposed district and claimed that he had not received a public notice. He commented that he would like to have his property included in the rezoning and that he has an interested party who wishes to purchase the property for a light manufacturing type of business. Ms. Terry Sullivan pointed out that she is the poten- tial purchaser of Mr. Lee's property. She presently owns two companies. One company deals with collectable items such as coins, stamps and promotional programs for corporations. The other business is a framing operation. Should she be successful in acquiring the property, she would like to install a fence -15- 5/16/95 around the property since it abuts the FEC Railroad and also for security reasons. Roger Saberson, representing Skylake State Bank, com- mented that the ordinance has been under consideration for some 14 months and complimented staff on their efforts in coordinating it with the CRA, the DDA, Pineapple Grove Main Street and other agencies which may have been involved. With respect to the previous speakers, however, Mr. Saberson pointed out that the ordinance before the Commission for consideration is simply to create the zoning district; the actual rezoning of property will come at a later date. The public hearing was closed. Diane Dominguez, Planning Director, explained that while initiating the study, staff looked into the existing over- lay district and what currently exists in the light industrial area. In regard to the property which Mr. Lee owns, the property is currently vacant and has a medium density land use and a medium density zoning. The issue under consideration this eve- ning is for the creation of the district. The intent at the present time is not to look at other properties or the impact upon adjacent residential areas. Ms. Dominguez stated that the property owners located within the overlay district, including some adjacent homeowner associations, had been notified. Howev- er, this is a text amendment to the LDRs to create a new zoning category; notification of property owners within a 500 foot radius is not required. Ms. Dominguez further stated Mr. Lee was notified of the proposed rezoning of property to CBD-RC since he does own property within 500 feet of the area proposed to be rezoned, and he was present at last night's Planning and Zoning Board public hearing at which that item was considered. Mayor Lynch recommended that Mr. Lee contact the Plan- ning Department directly if he has any questions regarding the future rezoning of his property. Dr. Alperin moved to adopt Ordinance No. 22-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. 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. 10.E. ORDINANCE NO. 24-95: An ordinance amending Section 4.4.13(F) and Section 4.3.4(K) of the Land Development Regula- tions to reduce the open space requirement in the Central Busi- ness District (CBD). Planning and Zoning Board recommends ap- proval. 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. The City Manager presented Ordinance No. 24-95: -16- 5/16/95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4013(F), "DEVELOPMENT STANDARDS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING SUBPARAGRAPH 4.4.13(F) (2) TO REDUCE THE MINIMUM OPEN SPACE REQUIREMENT WITHIN THE CBD ZONING DISTRICT: AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", BY AMENDING THE MAXIMUM LOT COVERAGE REFERENCE FOR THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 24-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 24-95 on Second and FINAL Reading, seconded by Mr. Randolph. 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. 10.F. ORDINANC~ NO. 23-95: An ordinance amending LDR Sec- tions 8.2.1(A), "Creation of the Downtown Development Authority", to correct a scrivener's error, and 8.2.2(B), "Downtown Area Description", to provide revised descriptions of the original and expanded boundaries of the DDA area. Planning and Zoning Board recommends approval. 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. The City Manager presented Ordinance No. 23-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER EIGHT, "SPECIAL IMPLEMENTATION PRO- GRAMS", SECTION 8.2.1, "THE DOWNTOWN DEVELOP- MENT AUTHORITY (DDA)" SUBSECTION 8.2.1. (A), "CREATION", TO CORRECT A SCRIVENER'S ERROR IN THE EFFECTIVE DATE OF THE ACT; AMENDING SECTION 8.2.2. (B), "DOWNTOWN AREA DESCRIP- TION'', TO PROVIDE REVISED DESCRIPTIONS OF THE ORIGINAL AND EXPANDED BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; ENACTING AN APPENDIX "B" TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE GENERAL DESCRIPTIONS -17- 5/16/95 OF THE ORIGINAL AND EXPANDED AREAS OF THE DOWNTOWN DEVELOPMENT AUTHORITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 23-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 23-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 25-95: An ordinance amending Chapter 52, "Water", and Chapter 53, "Sanitary Sewers", of the City Code to provide for proration of initial and final billing. The City Manager presented Ordinance No. 25-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.50, "RENDERING OF BILLS; WHEN PAYMENT DUE", BY AMENDING SUBSECTION 52.50(B), TO PROVIDE THAT INITIAL AND FINAL BILLING WILL BE PRORATED BASED ON SERVICE DATES; AMENDING CHAPTER 53, "SANITARY SEW- ERS", SECTION 53.130, "USER CHARGES; WHOLE- SALE SEWER RATES; CALCULATION OF SEWER SUR- CHARGE'', BY AMENDING SUBSECTION 53.130(H), TO' PROVIDE THAT INITIAL AND FINAL BILLING WILL BE PRORATED BASED ON SERVICE DATES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 25-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 25-95 On Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call -18- 5/16/95 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. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.A. City Manager's Response to Prior Public Comments and Inquiries: None 11.B. From the Public: 11.B.1. Steven Liewer, 2515 Oceanview Avenue, distributed a letter to the Commission expressing the concerns of the residents of Gulfstream Estates about traffic problems near Atlantic High School, and especially the School Board's program to open the north gate on a test basis (a copy of which is attached hereto and made a part of these minutes). On behalf of the residents of Gulfstream Estates, Mr. Liewer asked for the Commission's support in requesting the School Board to delay the gate opening at least until his group could meet again with School Board representatives in an effort to work out an alternative solution. Mayor Lynch felt that the School Board's trial test was a fair compromise and suggested that it be given a try since there is only a short time remaining until the end of the school year. This may or may not be successful. In fairness to all concern, the opening of the gate may or may not work, but it is a lot better than what was originally proposed. If it doesn't work, the City will be more than willing to try to find a better solution to the problem. 12. FIRST READINGS: 12.A. ORDINANCE NO. 26-95: An ordinance designating The Blank House located at 85 S.E. 6th Avenue as a local historic site. If passed, public hearing on June 6, 1995. The City Manager presented Ordinance No. 26-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE BLANK HOUSE, LOCATED AT 85 S.E. 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HERE- IN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 5/16/95 The Assistant City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 26-95 on FIRST Reading, seconded by Mr. Randolph. 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. 12.B. ORDINANCE NO. 27-95: An ordinance designating The Monterey House located at 20 North Swinton Avenue as a local historic site. If passed, public hearing on June 6, 1995. The City Manager presented Ordinance No. 27-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MONTEREY HOUSE, LOCATED AT 20 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DE- SCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 27-95 on FIRST Reading, 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 - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 28-95: An ordinance designating the Historic Bungalow located at 24 North Swinton Avenue as a local historic site. If passed, public hearing on June 6, 1995. The City Manager presented Ordinance No. 28-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HISTORIC BUNGALOW, LOCATED AT 24 NORTH SWINTON AVENUE, MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. -20- 5/16/95 Mrs. Smith moved to approve Ordinance No. 28-95 on FIRST Reading, 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. At this point the Commission returned to the Regular portion of the agenda. 9.G. CONTRACT ADDITION (C.O.#4)/SUN ART PAINTING CORPORA- TION: Consider Contract Addition (C.O.~4) in the amount of $5,510.00 to the contract with Sun Art Painting Corporation to reseal the floor and repaint the pump room at Miller Park Booster Pump Station as part of the Repainting the Water Treatment Plant project, with funding from 441-5122-536-46.10 through budget transfer from 46.20. Mr. Barcinski explained that some repair work needed to be done inside the pump room located at the Miller Park Booster Pump Station which resulted in the break-up of some concrete. The painting is needed in order to complete the project. Dr. Alperin expressed concern regarding the fact that the pump room is approximately four years old. He asked staff for an explanation as to what had created the problem? Mr. Dick Hasko, Deputy Director of Public Utilities, stated there is a problem with the separation at the joints of the pipes. Staff believes that a portion of the problem is that the facility is located near the railroad tracts which causes a lot of ~ibration and may have contributed toward the situation. Discussion ensued regarding the initial contractor for the water treatment plant. Mayor Lynch asked staff to investi- gate as to who was the consulting engineer and contractor was for the project and to report back to the Commission at the next regular meeting. Dr. Alperin moved to approve Contract Addition (Change Order #4) in the amount of $5,510.00 to the contract with Sun Art Painting Corporation, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. 9.H. CHANGE ORDER NO. 2 AND FINAL PAYMENT/ALTMAN-BARRY CONSTRUCTION, INC.: Consider Change Order No. 2 in the amount of $57,435.89 and final payment in the amount of $137,214.94 to Altman-Barry Construction, Inc. for their work on the Tennis Center Phase III project, with funding from 334-4145-572-63.43. Jose Aquila, Assistant Construction Manager, stated that the contractor for the tennis center has performed very well. As everyone knows, we were under a very tight time sched -21- 5/16/95 ule with this project and there was no time to stop the work and come through normal channels when a change order or an adjustment became necessary. After discussing the final charges with the contractor, an agreement was reached for the amount of $57,435.89 which is considered a fair change order for the value of the work performed. Dr. Alperin moved to approve Change Order No. 2 in the amount of $57,435.89 and final payment in the amount of $137,214.94 to Altman-Barry Construction, Inc. for their work on the Tennis Center Phase III project, 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.I. RESOLUTION NO. 43-95/MID-YEAR BUDGET ADJUSTMENT: Consider a resolution making mid-year adjustments to the adopted budget for FY 1994/95. The City Manager presented Resolution No. 43-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 77-94 WHICH MADE APPROPRIA- TIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1994/95, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1994/95; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (Copy of Resolution No. 43-95 is on file in the offi- cial Resolution Book) Assistant City Attorney Tolces read the caption of the resolution. Mr. Barcinski pointed out that this resolution is to amend Resolution No. 77-94 in order to make a mid-year change to the City's budget which includes general fund changes, as well as other funds. The list of the projects which resulted in signifi- cant changes to the General Fund are outlined in the backup ma- terial provided in the Commission's agenda packet. Mr. Joseph Safford, Finance Director, reviewed with the Commission the various adjustments to the budget from the stand- point of both revenues and expenditures which had not been antic- ipated when the fiscal year started. Discussion ensued. Dr. Alperin moved to adopt Resolution No. 43-95, sec- onded by Mrs. Smith. Upon roll call the Commission voted as -22- 5/16/95 follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 9.J. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 1996. Commissioner Ellingsworth's appointment. Mr. Ellingsworth moved for the appointment of Laura Orlove to the Education Board to fill an unexpired term ending July 31, 1996, seconded by Dr. Alperin. Upon roll call the Com- mission 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.K. RESCIND VE~ICLE BID AWARD AND RE-AWARD BID (ADDENDUM). Consider request to rescind the bid award to Don Reed Ford in the amount of $73,796 for four, half-ton pick-up trucks, and award a bid via state contract to Duval Ford for two, half-ton pick-up trucks, in the amount of $30,380 from 501-3312-591-64.20. Mr. Barcinski explained that when the order was origi- nally placed for the vehicles which were approved, staff had been informed that these vehicles, due to production schedules, were no longer available through State contract. Although staff is trying to receive some pricing from local venders; the vehicles are badly needed by the Parks &Recreation' Department and that they would like to move forward on their replacements. Dr. Alperin moved approval to rescind the bid award to Don Reed Ford in the amount of $73,796 and award a bid via state contract to Duval Ford in the amount of $30,380, 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Assistant City Manager. Mr. Barcinski informed the Commission that the City Manager will return to work on Monday, May 22nd and expressed appreciation to staff for their assistance during the City Manager's absence. Mr. Barcinski reported that he and the City Manager will be attending the City Manager's State Conference at the end of next week in Miami Beach. 13.B. The City Attorney did not have any comments or inqui- ries. 13.C. Dr. Alperin reported that he had attended the Donna Summer Concert at the tennis stadium on Sunday, May 14th, and felt it was a tremendous success. He noted that he had been -23- 5/16/95 seated near people who came from other cities throughout the State who were very complimentary about the stadium and the City in general. The facility worked out beautifully and the people had a great time. Regarding the Education Concurrency Task Force, Dr. Alperin reported that he had attended his first meeting and was shocked to learn that if the School Board tried to catch up with everything that is needed just in terms of capital improvements over the next five years, we're talking about $600,000,000 in construction, and this doesn't include the increase in need over the next five years. That's how far behind the School Board is right now. He further reported that the committee, in meetings prior to his appointment, had already decided on the level of service, meaning how many students in a classroom and what needs are anticipated. Dr. Alperin was disappointed because the com- mittee had settled for a mediocre level, whereas his feeling is that they should aim for a high quality level and if it can't be reached, then go with something less. In addition, there had been no discussion on planning for the growth of the County concurrently with the educational abilities to keep up with it, which is what Dr. Alperin thought the committee was about. What the task force has been about so far is catching up with the needs of the rest of the County instead of trying to get the County to control its growth so that the School Board can keep up with it. Hopefully, this will change in future meetings. Dr. Alperin reported that he had attended the Palm Beach County Intergovernmental Coordination Program on May 15, 1995, and had passed along to the Planning Director a County-wide plan for disaster recovery coordination. The idea is to get the entire County to work together as a unit in case of a disaster. There is no coordination right now, everybody is on their own relying on their own plans. Dr. Alperin then reported on a proposal for growth management from the Urban Forum. He distributed a map which represents an agreement they came up with for the "four tier system". He felt that even though it is a concession, at least it is an indication that they may be reaching some agreement. However, he understands that Palm Beach Gardens is already claim- ing that the Municipal League will not go along with the propos- al. Mayor Lynch commented that the Municipal League has a meeting coming up on this matter and he feels their recommenda- tion will be that there should be no impact fees in redevelopment areas, and that the cities should have lesser impact fees than the County areas in the west because the growth is in the west and the cities have been paying those bills all along. The Mayor further stated that the County Commission has agreed to work with the Municipal League to achieve some kind of fair system. -24- 5/16/95 At this point, Ms. Jean Beer, Palm Beach County Land Use Advisory Board member, reported on her understanding of the tier system. In conclusion, Dr. Alperin suggested to Mayor Lynch that when the Municipal League discusses this matter, the Mayor listen carefully to Palm Beach Gardens since they may be trying to dominate the Municipal League's decision and that is not necessarily right for the rest of the cities. There being no further business, Mayor Lynch declared the meeting adjourned at 8:55 P.M. .... C~ty Cle~ ' - ATTE~ ,r~ R~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of May 16, 1995, which minutes were formally approved and adopted by the City Commission on 0Lg~_~ ~O. ~ity Clerk- NOTE TO READER: If the minutes you have received are not completed as indicated above, 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 dele- tions to the minutes as set forth above. -25- 5/16/95 Steve Liewer 2515 Oceanview Ave. Delray Beach, FL 33444 April 30, 1995 David T. Harden, city manager City of Delmy Beach 100 Northwest First Ave. Delray Beach, FL 33444 Re: Traffic problems near Atlantic High School Dear Mr. Harden: I am a resident of the Gulfstream Estates community north of Atlantic High School and recently was part of a group that met with officials from thc high school, School Board, Delray Beach, Bo!mton Beach and Palm- Beach County to find a solution to the continuing traffic problems on Seacrest Boulevard near Atlantic High School. As such, I am in receipt of Mr. Agustin Hernandez' letter of April 20, which purports to represent the consensus reached by our group during our March meeting, Unfortunately, his letter misstates our conclusions. Tasks 2, 3, and 4 of Mr. HCmandez program accurately reflect what our committee agreed would be constructive solutions for the traffic problems near the high school. But Mr. Hcmandez has omitted from hi_,, p~ogmm thc task our committee, agi, eed was the most imponam: the posting of a police officer at the school's north entrance. Thc committee agreed that, itl the short term, this would best ease the rush-hour traffic crunch on Seacrest Boulevard. Mr. Barcinski, who served on thc committee, agreed that thc city could provide officers. However, the 'Task 1' listed in Mr. Hcmandez~ letter was specifically rejected by our commiuee. The trai~¢ eagineers in partic~ did nat tike the_. idea of openinE the high school's Oceanvicw Avenue gate. Tbey agreed that the streets of Gul~ Estates arc too narrow and that the restraints proposed by the School Board to limit uaffic to certain streets likely would be ineffective.' The residents of Gulfstream Estates want to work with thc school to solve its traffic problems. However, we believe the Oceanvicw AvcnuejpOg should not be °pcnccL We believe it will only create a second traffic problem while endangering the safety of children in our neighborhood. We don~ believe a 'pilot program* is necessary to test the opening of the gate. The gate was open for many years until the late 1970s, when residents and school officials agreed to close it permanently because of the traffic problems in Gulfstream Estates. Now School Board officials wish to cancel that agreement on their own. We ask that you accep[ our help in finding a solution that is acceptable to everyone involved. Thank you for your Consideration. Sincerely, Steve Liewer attachment cc: Larry Zabik Al Stall Michael Murgio Agustin Hernandez Jan Hansen Paul and Debbie Shersty Carole Sheflcr Win Clark Linda Cowart Kate Boyles Dan Beatty Margaret Macklin Jon Strickland Byron Smi~ Carolyn Lalonde Oleg Shersty DELRAY BEACH ~ h.','/ ~'. ~,.~:;~..~ · DFzLRAY BEACH FLORiDA334~4 4C. 7/243-7,3~0' ~¢9~ May 11, 1995 Dear Resident: County School Board staff, in cooperation with City staff have agreed, per the attached letter from Mr. Hernandez, to open the north gate at Atlantic High School as an egress only, from 7:00 a.m. to 8:00 a.m beginning May 22, 1995. This will be a test opening and will conclude at the end of the current school year in June. The City will be providing Police assistance on Webb during the test period. Data will be reviewed to determine effectiveness in relieving traffic onto Seacrest and to determine if there were any adverse impacts on the neighborhood. A final determination on the gate opening will be made this summer after the test period data is analyzed. Sincerely, ROBERT A. BARCINSKI Assistant City Manager RAB:kwg , ,. cc: August Hernandez . Carole Shefler Capt. Larry Schroeder T,~E FFFORT ALWAYS MATTERS THE SCHOOL BOARD DR. C. MONICA UHLHORN PLANNING, CONSTRUCTION & REAL ESTATE ~-~ 3320 FOREST HILL BOULEVARD, SUITE C-331 - "" '- ' ~ ~ .... ~ (407) 434-8020 FAX (407) 434-8187 April 20, 1995 David T. Harden, City Manager City of Delray Beach 100 Northwest 1st Avenue Delray Beach, FL 33444 Re: Atlantic High School - Seacrest Boulevard Access Safety Problems Dear Mr. Hardcn: We have been working with representative of your City, Atlantic High School staff and the surrounding neighbors to resolve a long-standing Seacrest Avenue congestion problem. As you are aware, Seacrest Avenue experiences severe back-ups, in both directions, during the peak school hours. To resolve this problem, the following multi-task program has been consensually developed: Task 1: Conduct a 30-day pilot program to initiate restricted opening of the north campus gate under the following limitations: · 7:00-8:00 am Egress opening only. Primarily intended to facilitate parental drop-off/exiting. · Traffic cones placed on DeCarie Street to prohibit all ingress and to limit Egress traffic to "right turns only"; · Posting of a school guard to enforce above restrictions; · · Installation of a "right turn only" sign at the north gate opening. Task 2: Under the directions of the City Engineer, conduct a preliminary traffic study to relocate the existing signal at the center opening to the northern most opening, hncluding a tim.:ng analysis to ensnare safe and adequate bus e~ress. Task 3: ~ Restripe/eliminate left turn lane into center opening. Task 4: Review and modify as necessary, existing signal timing to establish improved traffic flows. Attached find a copy of a drawing showing the traffic improvements to the school's north access on Seacrest Boulevard. H:\dala\ v~u51 \doc\hs. ath David. D. Harden April 20, 1995 Page 2 The School District requests the assistance of the City of Delray and more specifically the assistance of the City's Police Department. A pilot program was suggested by all representatives to the discussions. Finally, the School District requests continued assistance from the City's Police Department for traffic control at the north access point on Seacrest Boulevard during the morning and afternoon peak hour. Respectfully, AAI-I:lm Attachment c: Lawrence G. Zabik A1 Stall Michael Murgio Steve Liewer Jan Hansen Debbie and Paul Shersty Carole Shetler Win Clark Linda Cowart Kate Boyles Dan Beatty Margaret Macklin Jon Strickland Byron Smith Cardyn Lalonde Oles Shegtz H:\daia\wp5 l\doc\hs.ath :~V AVENUE