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06-20-95 JUNE 20, 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 6:05 P.M., Tuesday, June 20, 1995. 1. Roll call showed= Present - Commissioner Jay A1perin 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 Thomas Shepherd of Saint Matthew's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Attorney requested that Public Hearing, Item 10.A. (ORDINANCE NO. 29-95) be continued to the date certain of July 11, 1995, at 7:00 p.m. She stated that the newspaper failed to run one of the public notices required to be published by State law. Mayor Lynch noted the addition of Addendum Item 9.N., (PINEAPPLE GROVE MAIN STREET PROPOSAL CONCERNING RAILROAD DEPOT LOCATION) to the Regular Agenda. 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: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of May 16, 1995, the Regular Meeting of June 6, 1995, and the Special Meeting of June 13, 1995, 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. 6. Proclamations: 6.A. Parks and Recreation Month - July 1995: Mayor Lynch read and presented a proclamation recogniz- ing the month of July, 1995 as Parks and Recreation Month. Joe Weldon, Director of Parks and Recreation, came forward to accept the proclamation. 6.B. Code Enforcement Officer Appreciation Week - June 12-18, 1995: Mayor Lynch read and presented a proclamation recogniz- ing June 12-18, 1995 as Code Enforcement Officer Appreciation Week. Lula Butler, Director of Community Improvement, came for- ward to accept the proclamation. 7. Presentations: NONE 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT/HANOVER SQUARE REPLAT: Approve the final plat for Hanover Square Replat which will incorporate portions of the common areas into the individual lots. 8.B. FINAL PLAT/THE CORNICHE: Approve the final plat for The Corniche, which will relocate a 24' access easement for the City. 8.C. FINAL PAYMENT TO HAZEN AND SAWYER/WATER MAIN EXTENSIONS ON BARWICK AND LAKE IDA ROADS: Approve deduct Change Order in the amount of $3,404.53 and final payment in the amount of $802.80 to Hazen and Sawyer consulting services in conjunction with the 12" water main extensions on Barwick Road and Lake Ida Road, with funding from 440-5179-536-63.55/63.56. 8.D. REJECTION OF BIDS/MORIKAMI PARK WELL CONSTRUCTION: Consider the rejection of bids received for the construction of 3 wells and associated pipeline at Morikami Park, and authorize staff to readvertise the project. 8.E. CONTRACT RENEWAL/HEALTH AND REHABILITATIVE SERVICES CHILDREN'S SUBSTANCE ABUSE GRANT: Approve the 1995/96 contract with the Florida Department of Health and Rehabilitative Services regarding the Children's Substance Abuse grant of $28,086. 8.F. LICENSE AGREEMENT WITH PALM BEACH COUNTY/PARADE PARK- ING: Approve a license agreement with Palm Beach County permit- ting the use of the South County Courthouse parking lot during the parade on July 1 between 5:30 and 8:30 p.m. 8.G. RESOLUTION NO. 46-95: Approve a resolution extending the Seacrest Property Task Team through August 2, 1995. 2 6/20/95 The caption of Resolution No. 46-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXTENDING THE SUNSET DATE FOR THE SEACREST PROPERTY TASK TEAM. (Copy of Resolution No. 46-95 is on file in the offi- cial Resolution Book) 8.H. RESOLUTION NO. 44-95: Approve a resolution assessing costs for abatement action required to remove junked and/or abandoned vehicles on four properties within the City. The caption of Resolution No. 44-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON 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 OF LIEN. (Copy of Resolution No. 44-95 is on file in the offi- cial Resolution Book) 8.I. AWARD OF BIDS AND CONTRACTS: 1. Bid award - to Ray Qualmann Marine Construction, Inc. in the amount of $172,010 for the reconstruction of seven seawalls at various locations, from 334-3162-543-61.93. 2. Contract award - renew contract award to Davis Water and Waste Industries, Inc. for a 15 month term ending September 30, 1996, for maintenance and chemical supply for wet scrubbers located at lift stations 1, 4, 11, and 80. Total annualized increase is $7,200 for a revised annualized con- tract of $31,200, with funding from 441-5144-536-52.21. 3. Bid award - to Don Miller Patriot Fence for fenc- ing the expansion area of the cemetery, with 3 6/20/95 funding in the amount of $14,565 from 667-4511-539-61.77. Dr. Alperin moved to approve the Consent Agenda, sec- onded 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. Regular Agenda: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period June 5 through June 16, 1995. Dr. Alperin moved to receive and file the report, seconded by Mr. Ellingsworth. 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.B. PRELIMINARY LANDSCAPE PLANS/WEST ATLANTIC AVENUE GATE- WAY PARKS: Consider the preliminary landscape plans for the West Atlantic Avenue Gateway Parks (a/k/a 1-95 mini-parks) as present- ed by A. Grant Thornbrough. Nancy Davila, City Horticulturist, presented an over- view and history of the two mini parks. She explained that staff is in the process of making application to Beautiful Palm Beach- es, Inc. for funding through the 1995/96 Palm Beach County Thor- oughfare Beautification Grant, which will require a 50% match on the City's part. Further, only landscape and irrigation costs are eligible for funding under the grant. The application must be submitted by June 30, 1995; hence, the preliminary plans are being presented to the Commission for review at this time. Mr. A. Grant Thornbrough, Landscape Architect, reviewed the proposed plans, highlighting the type of materials and over- all design. Ms. Davila commented further that the plans were re- viewed by the Community Redevelopment Agency on June 9, 1995, by the Visions West Atlantic Architectural Review Board on June 13th, and by SPRAB on June 14, 1995. She stated that the com- ments received from these agencies and boards will be implemented to the fullest extent possible. Ms. Davila noted that the CRA had suggested that every effort be made to involve the community in this project which is something staff feels is very important as well. In addition, the CRA felt that landscape uplighting would work well, although this is something that would have to be considered in the future. -4- 6/20/95 Discussion by the Commission followed. Mr. Randolph suggested that the Florida Department of Transportation be con- tacted with a request that they keep up the maintenance on their portions of the 1-95 accessways. Mr. Ellingsworth moved approval of the preliminary landscape plans for the West Atlantic Avenue Gateway Parks, 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. 9.C. RESOLUTION NO. 45-95: Approve a resolution authorizing the City to apply for funding through Beautiful Palm Beach, Inc., for the 1995/96 State and County Thoroughfare Beautification Grant Program. The City Manager presented Resolution No. 45-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF THROUGH CON- SULTANTS, TO APPLY FOR FUNDING THROUGH BEAU- TIFUL PALM BEACHES, INC., FOR THE 1995/96 STATE AND COUNTY THOROUGHFARE BEAUTIFICATION GRANT PROGRAM. (Copy of Resolution No. 45-95 is on file in the offi- cial Resolution Book) Mr. Randolph moved to approve Resolution No. 45-95, 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. PURCHASE AGREEMENT/LAKEVIEW GOLF CLUB, INC. (RESOLUTION NO. 47-95): Consider Contract for Purchase of Lakeview Golf Club, Inc. The City Manager stated that when the Commission ini- tially considered the purchase of the Lakeview Golf Course, a purchase price in excess of $2.6 million was discussed. The owners of the property recently approached the City with a new offer of $2.5 million. After discussions, a price of $2,150,000 was negotiated. The City's Finance Department and the Golf Course Management Firm feel assured that the golf course would be self sufficient at that price and feel this course will compli- ment the existing municipal golf course. Also, staff feels that the proceeds from the purchase of the property will cover the debt service, the continued operation and any needed improvements to the golf course. The City, if it decides to purchase the property, will have 40 days to conduct inspections, etc., which should include an environmental assessment. -5- 6/20/95 On question from Mayor Lynch, the City Manager stated that both golf courses would operate out of the Golf Course Fund; however, separate books would be maintained in order to monitor how the facilities are progressing. He further stated that revenue and expense estimates on the Lakeview Golf Course are conservative and staff does not anticipate any problems. If there were some unforeseen circumstances which affected these estimates, the existing golf course could, if necessary, subsi- dize the Lakeview course for a period of time. Mr. Braham Dubin, Manager of the Municipal Golf Course, recommended that no changes be made during the first year of operation for the Lakeview Golf Course. This would allow a sufficient time frame within which the operation of the course could be analyzed to see what, if any, changes are necessary. In addition, no change in personnel is anticipated and there should be significant cost savings by combining certain operational and maintenance aspects for both golf courses. Although this was not a public hearing, Mayor Lynch opened the floor to public comment. Jean Beer reminded the Commission of the promises made about the tennis stadium and Old School Square that they would be self sustaining, only to discover later that they are not. She felt that the whole process should have been considered initially through the Planning and Zoning Board public hearing process. She emphasized that a purchase of a golf course is not in the Comprehensive Plan. Walter J. Newton, 3113 Lowson Boulevard, concurred with Ms. Beer's comments. He reported that the Lakeview Golf Course is in need of improvements to the golf links. Also, the sand traps and fairways were not in the best condition. Mr. Newton thought that the cost of operating the golf course will probably improve but wondered where the money will come to upgrade the golf course. Further, a rather large piece of property will be removed from the tax rolls which he felt should be included in the purchase price. The City Manager commented that the existing municipal golf course makes a payment to the general fund in lieu of paying taxes so it is as if the property is still on the tax roll. The Lakeview Golf Course will be structured the same way. Robert Fine, 3250 Lakeview Boulevard, stated that presently he is a Director of the Lakeview Residents for Open Space and was a former Director of the Shadywoods Homeowners Association, which are the two contiguous communities to the Lakeview Golf Course. These two communities fully support the proposed purchase of the golf course in order to keep it as open space instead of it being developed as residential. -6- 6/20/95 At this point, Mayor Lynch asked the City Attorney to respond to Ms. Beer's prior comments. The City Attorney clarified that this land is designat- ed as Open Space on the City's Comprehensive Plan. The Compre- hensive Plan and the statutes which govern the Plan require that capital improvements be listed in the Plan. There is some doubt that the purchase of land, including any structures on that land, fit the definition contained in the administrative rules which interpret the statutes. She did not feel this purchase would be considered as a capital improvement. In her opinion, this type of acquisition is something that could be put in the Comprehen- sive Plan; however, it is not mandatory. Further, there is no requirement for a public hearing in instances where the Commis- sion wishes to consider the acquisition of property for the benefit of the City. At this point, discussion followed on the financial aspects of the proposed golf course acquisition. Dr. Alperin moved to approve Resolution No. 47-95 authorizing the City to purchase the Lakeview Golf Course and incorporating and accepting the contract stating the terms and conditions for the sale and purchase. Mayor Lynch passed the gavel to Vice Mayor Ellingsworth and seconded the motion. Upon roll call, the Commission voted as follows: Dr. Alperin - Yes;- Vice-Mayor Ellingsworth - Yes; Mr. Randolph - No; Mr. Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 9.E. PROPOSED 1995 UTILITY TAX REVENUE AND IMPROVEMENT BOND ISSUE/ LAKEVIEW GOLF COURSE FINANCING: Consider the proposed 1995 Utility Tax Revenue and Improvement Bond Issue for the Lakeview Golf Course Financing. Joe Safford, Finance Director, explained the rationale for the proposed 1995 Utility Tax Revenue and Improvement Bond Issue. The amount of the bond issue is $2,400,000.00 with the net amount going into the acquisition of the property for $2,150,000.00 which represents the cost for the golf course itself and $125,000.00 for the capital improvements to bring the golf course up to standards. He estimated that the debt service for a 21 year term, at 6.35% which includes issuance costs, etc., would be approximately $200,000.00 per year. Dr. Alperin moved to approve the Proposed 1995 Utility Tax Revenue and Improvement Bond Issue and to approve the author- izations as set forth in the Director of Finance's memorandum to the City Manager dated June 9, 1995, 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. AUTHORIZE PUBLIC FINANCIAL MANAGEMENT/LAKEVIEW GOLF COURSE FINANCING: Authorize Public Financial Management to 7 6/20/95 provide financial advisory services in conjunction with proposed 1995 Utility Tax Bond Issue for Lakeview Golf Course. On question from Mayor Lynch, Mr. Safford advised that the fees charged for financial advisory services fluctuate de- pending on the size of the bond issue; however, sometimes the fee may be a fixed amount. He stated that he would provide the amount of the financial advisory services fee to the Commission once he negotiates the contract with the management firm. Dr. Alperin moved to authorize Public Financial Manage- ment to provide financial advisory services in conjunction with the proposed 1995 Utility Tax Revenue and Improvement Bond Issue, seconded by Mrs. Smith. 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. At this point, the time being 7:05 P.M., the Commission moved to the duly advertised Public Hearing portion of the Agen- da. 10. PUBLIC HEARINHS: 10.A. ORDINANCE NO. 29-95: An ordinance annexing a 4.17 acre parcel of land located on the west side of Military Trail, ap- proximately 1,400 feet south of Atlantic Avenue; establishing initial zoning of POC (Planned Office Center) District, and providing for a small scale land use plan amendment to affix an official City land use designation of Transitional. Planning and Zoning Board recommends recommends DENIAL. Prior to considera- tion 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. 29-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEAL- 8 6/20/95 ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney reiterated that this ordinance had been scheduled for public hearing at this time. However, it was discovered that the newspaper had'failed to run one of the legal- ly required notices within the appropriate time frame; therefore, proper advertising must occur before the hearing can be held. Ms. Ruby recommended that the public hearing for Ordinance No. 29-95 be continued to the date certain of Tuesday, July 11, 1995, at 7:00 p.m. Mr. Randolph so moved, seconded by Dr. Alperin. 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.B. ORDINANCE NO. 31-95: An ordinance reestablishing the SAD (Special Activities District) zoning classification for Marina Delray, located at the southeast corner of George Bush Boulevard and Palm Trail. 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. 31-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULE- VARD AND PALM TRAIL KNOWN AS MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; GRANT- ING SITE PLAN APPROVAL WITH CERTAIN CONDI- TIONS; PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 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. The City Attorney stated this item will be conducted as a Quasi-Judicial hearing. This hearing allows for presentations by all involved parties, the admission of documents into the record and public testimony. No individuals were present to give testimony on this item. The public hearing was closed. 9 6/20/95 Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She stated that the SAD zoning was originally estab- lished on this property in 1989 and zoning included an associated site plan which called for the reconfiguration of that site, especially for the parking area and the installation of upgraded landscaping. Those improvements were never installed and the SAD approval has since expired. However, the marina has continued to operate. The applicants, who are the contract purchasers, plan to install the upgraded improvements with a few minor modifica- tions. The uses will remain the same, including a full service marina, with associated uses. Ms. Dominguez noted that there is one change which is a conversion to a second story apartment. The owners will use the apartment, which will allow them to have on-site management. The Planning and Zoning Board considered this request at public hearing on May 15, 1995 at which time the residents of Wedgewood Condominium Association expressed concern about the hours of operation for boat repair and requested assurance that the improvements would be installed. The Board unanimously recommended approval subject to boat repairs being restricted to between 8:00 am to 5:00 p.m., excluding Sundays; and, subject to a schedule for the installation of improvements being incorporat- ed into the SAD ordinance. Recently, a concern was expressed that the applicant is the contract purchaser. He had received permission from the property owner to proceed with this applica- tion, but the current owner has indicated that he is not neces- sarily willing to accept the conditions imposed if the sale does not go through. The closing date is anticipated for mid-July. Ms. Dominguez recommended that the effective date of the ordi- nance should coincide with the date of the closing. The City Attorney suggested that the effective date of the ordinance be changed to August 1, 1995. If for some reason the closing does not take place, the applicant could then with- draw the request prior to the ordinance becoming effective. Mr. Ellingsworth moved to adopt Ordinance No. 31-95 on Second and FINAL Reading based upon positive findings and subject to the recommendation of the Planning and Zoning Board and the change to the effective date of August 1, 1995, unless the appli- cation is withdrawn prior to that date, 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. 10.C. ORDINANCE NO. 30-95: An ordinance correcting the Future Land Use Map designation from General Commercial and Transitional to Commercial Core for property located south of Atlantic Avenue on the east side of S.E. 1st Avenue and the east and west sides of S.E. 2nd Avenue (small scale amendment). -10- 6/20/95 Planning and Zoning Board recommends approval. 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. 30-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM GENERAL COMMERCIAL, IN PART, AND TRANSITIONAL, IN PART, TO COMMERCIAL CORE, FOR PROPERTY LOCAT- ED IN BLOCKS 77, 78 AND 86, TOWN OF DELRAY PLAT, AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 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. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 30-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 32-95: An ordinance rezoning properties located along the F.E.C. Railroad corridor in the downtown area from CBD (Central Business District), in part, GC (General Com- mercial) District, in part, and SAD (Special Activities Dis- trict), in part, to CBD-RC (Central Business District - Railroad Corridor). 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. 32-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT), IN PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND SAD (SPE- CIAL ACTIVITIES DISTRICT), IN PART, IN THE CBD-RC CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR) DISTRICT; SAID LAND BEING GENERALLY LOCATED IN THE DOWNTOWN AREA ADJACENT TO THE F.E.C. RAILROAD CORRIDOR, AS MORE PARTICULAR- LY DESCRIBED HEREIN; AND AMENDING "ZONING MAP -11- 6/20/95 OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 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. The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 32-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 33-95: An ordinance amending Section 4.4.13(H), Central Business District Special Regulations, of the Land Development Regulations by deleting the special use provi- sions for the light industrial area along the F.E.C. Railroad corridor in the downtown area. Planning and Zoning Board recom- mends approval. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 33-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING SUBPARAGRAPHS 4.4.13(H) (3) AND 4.4.13(H) (4) IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 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. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 33-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. 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. 10.F. ORDINANCE NO. 34-95: An ordinance amending the Land Development Regulations by enacting a new subsection 4.5.1(M), "Tax Exemption for Historic Properties", to authorize a partial ad valorem tax exemption for qualifying improvements to historic properties. Prior to consideration of passage of this ordinance -12- 6~20/95 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1(M), "TAX EXEMPTION FOR HISTORIC PROPER- TIES", TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING RE- QUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLI- CATIONS AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION, ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. 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. The public hearing was closed. City Attorney Susan Ruby responded to Mayor Lynch's prior inquiry regarding the fact that the City does not have any jurisdiction on property taxes in the CRA; the City has the authority to increase or decrease the millage rate. Ms. Ruby reported that she had discussed the matter with the City's Bond Counsel and it is Bond Counsel's opinion that the proposed ordi- nance which would allow the City to approve tax exemptions for historic properties located in the CRA area would not be prohib- ited. Discussion ensued regarding the duration of the tax exemption period which is a maximum number of ten years as op- posed to a period of time which could be set at the discretion of the City Commission. Additional discussion was had concerning various provisions of the ordinance and the perceived benefits and drawbacks to each. Mr. Randolph moved to adopt Ordinance No. 34-95 on Second and FINAL Reading, subject to the deletion of Article (17), seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - No; Dr. Alperin - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion FAILED to pass on a 3 to 2 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. -13- 6/20/95 ll.A. City Manaqer's response to prior public comments and inquiries. There were no inquiries which required the City Manag- er's response at the last meeting. ll.B. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearinqs. 11.B.1. Lillian Feldman, President of the United Property Owners, expressed concern regarding the deterioration of the roadway on the north side of Atlantic Avenue, east of Congress Avenue and west of 1-95. She pointed out that there are several areas which are in need of repair. Mayor Lynch stated that City staff will contact Florida Department of Transportation and request that they evaluate the situation and make the necessary repairs as soon as possible. Ms. Feldman noted that she had made a complaint at a prior meeting regarding the need for improved street lighting on Homewood Boulevard. Although the City responded to her request, she felt the lights could be brighter. Ms. Feldman pointed out that dark roads may encourage criminal activities and that Homewood Boulevard is a busy road which is located within a heavily populated residential area. The City Manager responded that Florida Power and Light has already increased the intensity of street lighting on Homewood Boulevard from 9,500 to 16,000 lumens. He noted that this change has almost doubled the amount of light. Although this may or may not have been done by FP&L, Ms. Feldman stated that she has not noticed any improvement and that Homewood Boulevard is still dark. Mayor Lynch stated that City staff will verify the situation with FP&L and will also check on the date when the change in lumens was made. 11.B.2. Alfred Straghn, 26 S.W. 5th Avenue, stated that at the Regular Meeting of June 6, 1995, the Commission considered his request to assist with the funding for the Delray Beach Little League's trip to a baseball tournament in Orlando. At that meeting it was the consensus of the Commission to see if the money could be raised privately. 11.B.3. Vincent Straqhn, Volunteer Couch for the Delray Beach Little League, reported that the team has raised $2,325.61 from June 10th to the present date. He stated that the team has received other commitments for donations; however, these dona- tions are slow to come in and the time frame is tight. He noted that the Delray Police Department submitted a contribution prior to tonight's meeting but he has not had a chance to open the -14- 6/20/95 envelope. Other possibilities for donations are from the Police Department's K-9 Unit and Community Relations for Miami Dolphins and the Florida Marlins. Mayor Lynch asked Mr. Straghn as to the exact dollar amount of contributions needed for the trip. Mr. Straghn responded that the Little League needs $5,165.00 for the trip on June 29, 1995. He pointed out that he is supposed to make a deposit for bus fare and reservations for hotel accommodations is due by tomorrow, Wednesday, June 21, 1995. At this point, Mrs. Smith presented the Little League with a $200.00 contribution from the Noontime Kiwanis Club. Mr. Straghn expressed appreciation to the City Commis- sion and to all those who have contributed to this cause. Through the cooperation and support of the Commission and the news media, the representatives from the Miami Dolphins and the Florida Marlins had read about the cause and had contacted him directly. On behalf of the City Commission, Mayor Lynch expressed condolences to Alfred and Vincent Straghn on the recent death of a family member. ll.B.4. Jean Beer, 945 Tropic Boulevard, expressed concern about large tractor trailers and moving vans parking in the turn lane on Tropic Boulevard. After inquiring at the Madza Automo- bile Dealership, she had been informed that the trucks do not belong to Madza Dealership. She explained that these large trucks are parked in the turn lane while the drivers have their breakfast at the nearby Dunkin Donuts. Ms. Beer felt that this creates a very hazardous situation and requested that a "No Parking" sign be installed at that location and that the viola- tors should be fined. ll.B.5. Alice Finst, 707 Place Tavant, stated that she had received a courtesy notice for a conditional use request for an Ornamental Stone Cutting Facility which was considered by the Planning and Zoning Board at its Regular Meeting of June 19, 1995. Another item on the P&Z Board's agenda was an amendment to the LDR's regarding Adult Entertainment Establishments. Ms. Finst expressed concern about the possibility for this type of proposal being located in the northwest section of the City as she felt this use would present a negative view of Delray Beach to individuals entering the City from 1-95. ll.B.6. Willie Ports, Jr., member of Brothers Coming Together, stated that he feels the City should be getting more money for concerts and various activities at the Tennis Stadium. He sug- gested the City review its contract with Palm Acts, Inc. -15- 6/20/95 At a prior meeting, the Commission had discussed the issue of parking restrictions on West Atlantic Avenue and Mr. Potts inquired as to the status of these restrictions. Mayor Lynch stated that parking at the Paradise Club is allowed from 9:00 p.m to 2:30 a.m. Since no parking is allowed across the street from the Club, Mr. Potts felt that all restrictions should be consistent. He suggested that parking restrictions should be revisited so that parking restrictions are the same for both sides of Atlantic Avenue. Mr. Potts asked for a status report concerning the transportation of youths from the Pompey Park Recreational Center to the Aqua Crest Pool facility on Seacrest Boulevard during the construction of the new Pompey Park Pool. He emphasized that school is out for the summer and the children will be wanting to use the swimming pool during the hot weather. Joe Weldon, Director of Parks and Recreation, confirmed that City staff has already made arrangements to transport the children to the Aqua Crest Pool facility. ll.B.7. Joe Kamarata, Tropic Palms Homeowners Association, thanked the City for the recent drainage improvements in this development. However, there is still a problem with standing water at the intersection of South Federal Highway and Lindell Boulevard. He pointed out that vehicles are trying to avoid the standing water by driving into the median causing damage to the hedges and landscaping and increasing the chances for an acci- dent. Mr. Kamarata requested that a stop sign be installed at the bridge by Tropic Palms over the C-15 Canal at the southern- most City limits. Mr. Kamarata asked if the City has any plans for the installation of sidewalks and street lights in Tropic Palms? Mayor Lynch reviewed the City's recently enacted policy for the construction of sidewalks and suggested that Mr. Kamarata contact City staff to see what the potential costs would be. As for street lighting, the City Manager stated he would have staff evaluate the Tropic Palms neighborhood and get back to Mr. Kamarata. He pointed out that even when the City orders new lighting, it takes FP&L approximately six to eight months to install the lights. ll.B.8. Officer "Skip" Brown, Police Department's K-9 Unit, requested that the Commission reconsider the Delray Beach Little League's request for assistance with funding their trip to Orlan- do. He emphasized that time is of the essence to raise the -16- 6/20/95 necessary funds for the trip and asked if the City could commit to a dollar figure. Officer Brown stated that the K-9 Unit will hold a a demonstration in order to help the team raise funds. He noted that Publix has donated 1,000 hot dogs, etc., for this benefit. He pointed out that the 35 youths are representing the City of Delray Beach and urged the Commission to revisit the issue. After lengthy discussion, it was the majority consensus of the Commission to make a contribution in the amount of $1,500.00. However, the Commission emphasized that this is a one-time contribution based upon certain extenuating circumstanc- es in this particular case and does not set a precedent for other requests which may come in the future. At this point, the Commission considered an emergency motion to amend the Regular Agenda in order to take formal action on this matter. Mr. Ellingsworth moved to amend the agenda on an emergency basis by adding Item 9.G.A., LITTLE LEAGUE REQUEST FOR FUNDING; 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. At this point the Commission returned to the Regular portion of the Agenda. 9.G.A. LITTLE LEAGUE REQUEST FOR FUNDING - (EMERGENCY ITEM). Mayor Lynch suggested that the City contribute $1,500.00 to assist toward the funding for the Delray Beach Little League's trip. Mr. Ellingsworth moved to approve the contribution of $1,500.00 to assist toward the funding for the Delray Beach Little League in its trip to the baseball tournament in Orlando; and that it is understood that this is a one-time contribution, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. 9.G. SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY AND ACCORDIA/ANTHEM: Consider with Accordia/Anthem Insurance Company offering settlement of the premium tax due for FY 88-89. The City Attorney stated that this issue is in regard to the premium tax monies that Accordia/Anthem Insurance Company transferred to the State. The State determined that these par- ticular taxes were not due to the State on this type of self-in- surance plan. The City was able to receive approximately a three year recovery for premium taxes from the State, which is the maximum amount allowed under State Statutes. -17- 6/20/95 After lengthy discussion, Mrs. Smith moved to reject the settlement agreement, with direction to staff to seek reim- bursement for the two years outstanding, seconded by Dr. Alperin. 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.H. REJECTION OF BIDS/LIFT STATION 50 YARD PIPING: Consid- er the rejection of all bids for Lift Station 50 yard piping and authorize staff to readvertise the project with a reduced scope of work. The City Manager stated that work needs to be conducted at Lift Station 50 due to a badly deteriorated manhole. The bids which were received were significantly higher than anticipated and well over budget. Staff is requesting the Commission to reject all bids and authorize staff to readvertise the project with a reduced scope of work. Dr. Alperin so moved, 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. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION: Designate a voting delegate to the 69th Annual Convention of the Florida League of Cities to be held August 17-19, 1995, at Kissimmee. Dr. Alperin moved to designate Mayor Lynch as the City's voting delegate to cast votes on behalf of the City at the annual business session of the Florida League of Cities, seconded by Mr. Ellingsworth. 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.J. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Ap- point a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1996. Appointment by Commis- sioner Smith. Mrs. Smith moved to appoint John P. Johnson to the Historic Preservation Board to fill an unexpired term ending August 31, 1996, 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. 9.K. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a member to the Community Redevelopment Agency for a four year term ending July 10, 1999. Appointment by Mayor Lynch. -18- 6/2o/95 Mayor Lynch requested that a motion be made on his behalf to appoint John Weaver to the Community Redevelopment Agency to a term ending July 10, 1999. Dr. Alperin so moved, 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.L. PARK IMPROVEMENT PRIORITIES: The City Manager stated that at the Special Workshop Meeting of June 16, 1995, with Palm Beach County Commissioner McCarty, Mayor Lynch requested that this item be placed on to- night's agenda. The consideration is to provide Palm Beach County with a prioritized listing for park improvements within the City of Delray Beach. He noted that the Board of County Commissioners will soon be taking action on their Parks and Recreation funding for the next fiscal year. After discussion, it was the consensus of the Commis- sion to present the following priority list to the Board of County Commissioners for consideration: # 1 - Full Service Center/Catherine Strong Center # 2 - Pompey Park Ballfields # 3 - Southwest Park 9.M. REJECTION OF BIDS/ROAD RECONSTRUCTION PROJECTS (WEST): Consider rejection of all bids for road reconstruction projects (West) and authorize staff to readvertise the project with a reduced scope. Dr. Alperin moved to reject all bids for road recon- struction projects (West) and authorize staff to readvertise the project after modifying the plans, 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.N. (ADDENDUM ITEM) PINEAPPLE GROVE MAIN STREET PROPOSAL CONCERNING RAILROAD DEPOT LOCATION: Consider a proposal from Pineapple Grove Main Street to locate the historic Railroad Depot in Pineapple Grove on the west side of N.E. 2nd Avenue, between the east/west alley and the Love's Building within Block 76. The City Manager stated that Kevin Egan, Chairman of the C.R.A., was present for tonight's meeting but had to leave before consideration of this item. Mr. Egan requested that the Commission take no action on this item tonight as Mr. Cullen, Coordinator for the historic Railroad Depot, will make a presen- tation at the CRA's meeting on Thursday, June 22, 1995. Since the CRA will take a vote on this issue, they would like to present their recommendation to the Commission at the Regular Meeting of July 11, 1995. -19- 6/20/95 The CRA has agreed to store the historic Railroad Depot for,thirty (30) days at the Pierce Tire site until such time that a final decision is made on the location. The City Manager stated that the building is scheduled to be moved to Worthing Park on June 28, 1995. This alternative site will act as a holding place until such time that alternatives could be further evaluated. After discussion, Mr. Randolph moved to postpone con- sideration of the Pineapple Grove Main Street Proposal Concerning the Railroad Depot Location to the Regular Meeting of July 11, 1995, or to a special meeting to be called at the City Manager's discretion, seconded by Mrs. Smith. Upon roll call the Commis- sion 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. At this point, the Commission considered the First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 35-95: An ordinance repealing Chapter 110, Occupational License Generally, of the City Code of Ordi- nance, and enacting a new Chapter 110 providing for the adoption of Recommendations put forth by the Occupational License Equity Study Commission. If passed, public hearing on July 11, 1995. The City Manager presented Ordinance No. 35-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,-REPEALING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW CHAPTER 110 TO PROVIDE FOR THE GENERAL RULES AND REGULA- TIONS GOVERNING OCCUPATIONAL LICENSES, AND PROVIDE FOR THE APPLICATION, ISSUANCE, CLAS- SIFICATIONS RELATING THERETO AND PROVIDING FOR THE ESTABLISHMENT OF FEES, AND PROVIDING FOR PENALTIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved to approve Ordinance No. 35-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Commis- sion 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer. -20- 6/20/95 The City Manager reported on the City's funding from the Children's Services Council. Our funding this year from CSC is $159,500.00. For next year, because of the additional schools and the need for after-school and summer activities, we had requested $268,224.00. The CSC staff recommended funding in the amount $196,697. The Council itself approved $98,303.00, or about half of what staff had recommended. The City Manager continued that Joe Dragon, Assistant Director of Parks and Recreation, has discussed the funding allocation with the City's contract manager at CSC and she has confirmed that the Children's Services Council funding for the Delray Beach After School Program will be $98,303.00. Second, the City is responsible for obtaining and identifying the remain- der of the monies to fund our program for a total of $196,697. So CSC staff, at least, is saying that we must find funding for the remaining $98,000 to obtain any CSC funds at all. CSC staff has indicated two reasons for the reduction in our funding allo- cation. There were four times as many requests for funding over last year totaling over $4 million. They had budgeted approxi- mately $1.5 million for out-of-school activities. CSC staff recommended funding thirteen out of 46 proposers, totaling $1.7 million. Children's Services Council members, particularly Eleanor Weinstock, noted that those municipalities whose actual millage rate is below their millage cap should be responsible for a greater percentage of their program costs. On question from Mayor Lynch, the City Manager stated the Children's Services Council levies 0.3522 mills. This year Delray Beach has generated $825,946.00. If their millage remains unchanged during this coming year, based on the preliminary evaluation we've gotten, they should get $852,000. The Chairman of the CSC is Lillian Gaines. The Vice-Chairman is Don Middlebrooks, the Secretary is Howard Berman, and the members are Paulette Burdick, Pamela Dunston, Ralph Hamilton, Maude Ford Lee, Suzanne Turner, Monica Uhlhorn, and Eleanor Weinstock. They have a hearing on Thursday, June 29, 1995, starting at 9:00 a.m. We are in the out-of-school activities category which is the third category they will take up. If applicants choose to speak, they will be allowed four minutes. The City Manager stated that staff will be present at the hearing to represent the City. Discussion by the Commission followed, with the consen- sus being that the City strongly protest the reduced funding allocation from the Children's Services Council. 13.B. City Attorney. The City Attorney advised that a time extension may be necessary for the City to do its due diligence with respect to the McGraw property. We need to proceed with the next step in the environmental audit due to the potential for asbestos and also to do some test borings to determine if there is any ground- water contamination in that area due to some fuel situations in -21- 6/20/95 surrounding areas in the past. Ms. Ruby requested direction to spend additional money on this second phase of the environmental assessment. She estimated the cost to be in the area of $3,750.00 in addition to the $3,000.00 already spent. Af,ter discussion, the Commission felt it important that the audit be complete before closing on the property. However, there was some question as to who should pay for it. The City Attorney suggested that we proceed and that she would probably bring the question of who is going to pay back to the Commission on July 11, 1995, after she has the opportunity to discuss the matter with Crossroads. The Commission concurred. 13.C. City Commission 13.C.1. Dr. Alperin announced that the Palm Beach County School Board will be meeting at 5:00 p.m. on Wednesday, June 21, 1995, at which time they will vote on the Seacrest property project. He urged Commission members and all interested persons to attend this important meeting. 13.C.2. Mrs. Smith stated that last week she had the opportuni- ty to tour the Full Service Center and found the facility to be in very poor condition. Mrs. Smith felt that the Commission should establish a dialogue with Dr. Cynthia Smith, the Center's newly appointed director. Dr. Smith will begin her tenure on July 3, 1995. Mayor Lynch requested that a letter be sent to Dr. Smith extending an invitation to her to meet with the Commission at either the regular meeting on July llth or the next workshop on August 8, 1995. The City Manager noted that H.R.S. directed the City to move our after school program out of that facility because it is so filthy. It does not meet their standards. 13.C.3. Mr. Ellinqsworth reported from the Metropolitan Plan- ning Organization that beginning about the middle of July, there will be a high occupancy vehicle lane going from Linton Boulevard down to Miami. 13.C.4. Mr. Randolph asked if FDOT was still using the site on Congress Avenue to store its equipment such as barricades, etc. for 1-957 The City Manager clarified that it was not FDOT but their contractor who was using the site for storage. Lula Butler, Director of Community Improvement, stated that she would inquire as to the status and will return with an answer. -22- 6/20/95 13.C.5. Mayor L~nch reported that the Boca Raton City Commis- sion is looking at some alternatives as to what they can do to attract the Convention Center to the south County site. A pre- sentation will be made to the site plan people on July 15th, with a presentation to the full Board on July 17, 1995. As discussed at the work session with Commissioner McCarty on June 16th, Mayor Lynch noted there are some properties on North Ocean Boulevard that are available to be purchased for parking. He suggested that staff look around for outside funding sources, whether through the County or any other group, which might be available to provide parking in the north beach area, and also evaluate what it would cost us to provide lifeguards, etc., if we were to do parking at the north end of the beach. There being no further business, the meeting was ad- journed at 9:10 P.M. - ~ity 'Cl~rk - - ~ ATTEST: 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 June 20, 1995, which minutes were formally approved and adopted by the City Commission on ~l~, /8 /~ 'dity c%e~ -7 NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions to the minutes as set forth above. -23- 6/20/95