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12-14-93 DECEMBER 14. 1993 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, December 14, 1993. 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 Rabbi Samuel Silver, Temple Sinai. 3, The Pledge of Allegiance to the flag of the United States of America was given. 4.. Agenda approval. Mayor Lynch recommended that Item 9.E. be postponed to the Regular Meeting of January 11, 1994. The City Attorney stated that Item 12.A. was not ready to be considered by the Commission tonight and requested that it be deferred. Mr. Ellingsworth moved approval of the Agenda as amended, 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. Approval of Minutes: None. Proclamations: None. 7. Presentations: ~.A. Robert G. Currie of Robert G. Currie and Associate~: Mr. Currie stated that an award was received last month from the American Institute of Architects, Palm Beach Chapter, honoring the design of Fire Station No. 2 and that he was honored to share the award with the City's Fire Chief. Mr. Currie expressed appreciation to the City for allowing him to be able to participate in the design of the new fire station. Fire Chief Koen accepted the award in behalf of the City. 7.B, Consider presentations from Architectural Firms regarding the Golf Course Clubhouse Project. rank the to~ ~h~ee o~ four firms and authorize staff to negotiate a contract with architectural s~rvi¢- es: Mr. Robert Barcinski, Assistant City Manager, reported that the City had received twenty-four responses to an advertisement which was sent to approximately sixty architectural firms. The review team consisted of the Assistant City Manager, Director of Environmental Services, Director of Community Improvement and Brahm Dubin. A priori- tized list of four firms was provided to the Commission for review. He pointed out that the rankings were considered on the firms various capabilities. Each of the firms will be allowed a fifteen minute presentation and the Commission is requested to interview and priori- tize their rankings and to direct staff to initiate negotiations. Presentations to the Commission were made by individuals representing the following architectural firms: 1) Schwab, Twitty and Hanser; 2) Steven Boruff (Certified Minority Business); 3) Digby Bridges, Marsh and Associates; and, 4) Chapman, Coyle and Chapman. The representatives then responded to questions asked by the Commissioners who then listed their individual rankings as follows: 15 votes - Chapman, Coyle and Chapman 13 votes (Tie) - Schwab, Twitty and Hanser 13 votes (Tie) - Digby, Marsh and Associates 9 votes - Steven Boruff After further deliberation between the two firms which were tied, the Commission prioritized their first, second and third choic- es. The City Attorney read into the record the following tally for the tied firms: Digby, Marsh and Associates (8 votes); and, Schwab, Twitty and Hanser (7 votes). The City Attorney announced the final results: 1) Chapman, Coyle and Chapman 2) Digby, Marsh and Associates 3) Schwab, Twitty and Hanser 4) Steven Boruff The Commission directed staff to begin negotiations with the top three firms. At this point, the time being 7:40 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10, Public Hearings: 10.A, ORDINANCE NO. 84-93: An ordinance adopting Comprehensive Plan Amendment 93-2 pursuant to the provisions of the "Local Govern -2- 12/14/93 ment Comprehensive Planning and Land Development Regulations Act", Florida Statutes Sections 163.3161 through 163.3243, inclusive. 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. 84-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 93-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 93-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 84-93 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 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. David J. Kovacs, Planning Director, stated that Exhibit Figure OBJ-1 was modified to show reconfiguration of the land use designation of the properties. Along with the underscoring of some material, these were the only changes which were made since the First Reading of the Adopted Ordinance on December 3, 1993. Dr. Alperin moved for the adoption of Ordinance No. 84-93 on Second and FINAL Reading, 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. 11, Comments and Inquiries on Non-Aaenda Items from the Public- Immediately following Public Hearings: ll.A. City Managsr'$ response to prior public comments and inqui- ries: The City Manager responded to a concern of Mrs. Alice Finst regarding an historic marker which is located on N.W. 5th Avenue and noted that the site will be upgraded with funding from the Community Development Block Grant. Staff has met with the architects regarding the coordination of the project and the preliminary design will be discussed by staff and a few citizens on December 22nd. The archi- tects have stated that final design and construction documents could be completed within six weeks and that from this point this project -3- 12/14/93 will be handled as a priority. He noted that the City's Historic Planner had been consulted and it has been determined that the current location is the most appropriate site for the historic marker. The Parks Department has reviewed the site and has determined that most of the problems relate to construction in the area which caused some damage to the fence. Also, some construction debris remained in the monument area. The sod was removed over a year ago and was replaced with mulch in order to ease maintenance until such time that the site can be redesigned and relandscaped. He reported that the debris has since been removed and the condition will be closely monitored by staff. The City Manager responded to a noise complaint from a resident who backs-up to a custom auto trim business located on North Federal Highway. The Code Enforcement Administrator and the Director of Community Improvement met with the individual prior to the Commis- sion's last meeting. The individual had requested that insulation be added and that the back door of the business remain closed after 5:00 P.M. He stated that staff continues to monitor the business (inside and outside); however, as of this date they have not been able to document any violation of City codes. He pointed out that currently the business is only sporadically conducting work outside after busi- ness hours. The City Manager noted that the Captain of the Ramblin Rose Riverboat expressed concern of the possibility of available parking spaces during the two days that the Arts Festival will be held on the Veterans Park site and that this situation could possibly affect his business. Il.B, There were no comments or inquiries on Non-Agenda items from the public immediately following Public Hearings. The Commission then returned to the Consent Agenda. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. AGREEMENT WITH OLD SCHOOL SOUARE. INC.: Approve an agree- ment with Old School Square, Inc. for a concert to be held at the Tennis Center on December 17, 1993. 8,B. REOUEST FOR SPECIAL EVENT PERMITI Approve a special event permit for the Florida Jaycees to hold a carnival on the southeast outparcel of the Delray Mall on January 5 through 9, 1994. 8,C. REOUEST FOR SPECIAL EVENT PERMIT~ Approve a special events permit for the 6th Annual Downtown Delray Beach Arts Festival to be held January 15 and 16, 1994, in the parking lot adjacent to Veterans Park and Atlantic Plaza. 8,D. RESOLUTION NO. 110-931 A resolution vacating and abandoning three general utility and one water easement located within Tracts B and C of the plat of Congress Park South. -4- 12/14/93 The caption of Resolution No. 110-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING GENERAL UTILITY AND WATER EASEMENTS LOCATED WITHIN TRACTS B AND C OF THE PLAT OF CONGRESS PARK SOUTH, SAID EASEMENTS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. (Copy of resolution No. 110-93 is on file in the official Resolution Book) 8.E. FINAL PLAT APPROVAL/CONGRESS PARK SOUTH: Approve the final boundary plat for Congress Park South located west of Congress Avenue, between Atlantic Avenue and Lowson Boulevard. 8.F. FINAL PLAT APPROVAL/BENNETT AUTO PARTS: Approve a minor subdivision plat for Congress Square which creates an outparcel from the existing Tract C to accommodate Bennett Auto Parts. ACCEPTANCE OF SETTLEMENT OFFER: Accept an settlement offer in the Salena Williams versus the City of Delray Beach. 8.H. CHANGE ORDER NO, 1/HARRY PEPPER: Approve a change order which extends the contract completion date by 30 days for the In-Line Booster Master Pump Station and Transmission System Improvements. ~.I, REVISED FINAL PAYMENT/DUTCH CONSTRUCTION COMPANY. INC.: Approve the revised final payment to Dutch Construction Company, Inc. ($2,000) and Wausau Insurance Companies ($5,145.32) for completion of the Atlantic Avenue Beautification Project/I-95 to Swinton Avenue; with funding from Decade of Excellence Bond Issue - Atlantic Avenue 1-95 to Swinton Avenue (Account No. 225-4141-572-61.49). 8.J. CHANGE ORDER NO. ~ AND REQUEST FQR FINAL PAyMENT/DUTCH CONSTRUCTION COMPANY, INC,; Approve a change order in the deduct amount of $5,958 and a request for final payment in the amount of $44,995.03 to the contract with Dutch Construction Company, Inc. for completion of the Veterans Park Redevelopment Project; with funding from Decade of Excellence Bond Issue Phase II - Veterans Park Redevel- opment (Account No. 225-4126-572-61.63) and General Construction Fund - Veterans Park Redevelopment (Account No. 334-4126-572-61.63). 8.K, CHANGE ORDER NO. 1 AND REQUEST FOR FINAL PAYMENT/DUTCH CONSTRUCTION COMPANY, INC,: Approve a change order in the amount of $1,209.10 and a request for final payment in the amount of $5,080 to the contract with Dutch Construction Company, Inc. for completion of the Veteran Park Gravity Sewer System project; with funding from Decade of Excellence Bond Issue Phase II - Veterans Park Redevelopment (Account No. 228-4126-572-61.63) and Water and Sewer Renewal and Replacement - Sewer System/Mains and Lines (Account No. 442-5178-536-60.66). -5- 12/14/93 8.L. RESOLUTION NO. 109-93: A resolution assessing costs for abatement action required to demolish an unsafe structure at 204 N.W. 13th Avenue. City Manager recommends approval. The caption of Resolution No. 109-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 109-93 is on file in the official Resolution Book) 8,M, AWARD OF BIDS AND CONTRACTS: 1. Life Insurance - North American Life in the annual amount of $63,000 with funding from Insurance Fund - Life Premiums (Account No. 551-1576-691-45.40). Mr. Ellingsworth moved approval of the Consent Agenda as presented, 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. At this point the Commission considered the following Regu- lar Agenda items: Regular Agenda: 9.A. REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA SANITA- TION: Consider a request for conditional use approval to establish a resource recovery facility in the Mixed Industrial Commercial (MIC) zone district, located north of N.W. 1st Street, between N.W. 18th Avenue and the CSX Railroad. Planning and Zoning Board recommends approval, subject to conditions. The City Attorney stated that this is a Quasi-Judicial Hearing and explained that the Acting City Clerk will swear in all witnesses who will give testimony this evening and that the Planning Director will describe the nature of the issues and data for the record. -6- 12/14/93 David Kovacs, Planning Director, stated that at the Planning and Zoning Board Public Hearing of October 18, 1993, (after the public testimony was completed), the Board deliberated on the issue, focusing on concerns such as dust, noise, odor, and the appropriateness of the use along the Congress Avenue Corridor. The Board raised a concern that these types of outside uses were not appropriate in the area due to their potential impact upon other redevelopment and the development of vacant properties. The Planning and Zoning Board approved the conditional use request with a vote of 5 to 2. Mr. Kovacs then read into the record the following list of conditions for approval. 1. That a site plan, landscape and engineering plan be provided which accommodates the following items: A. A minimum of 35% of open space to be concentrated around the perimeter of the site and around the bullpen truck storage. B. Parking lot which accommodates the 34 employees and proposed visitors. C. Extension of a sewer main to the south property line or acceptable alternative (if sewer main is not extended by Key Stone Creations). D. Fire hydrant spacing which meets the required 300' industrial spacing. 2. Restoration of a portion of N.W. lSth Avenue, i.e. removal of shell rock, provision of street drainage and possible resurfacing of that portion of the street covered by the shell rock. 3. That the extent of the use be limited to the description contained on Page 2 of the Staff Report, including the following restrictions: A. No yard waste will be stored on site over the weekend, i.e. all waste must be removed on Friday of each week. B. That the mulch pile always be stored within the 15' by 20' by 8' high proposed containment area and that it not exceed 20' wide, 15' long and 8' high. C. That the hours of the chipping operation be limited to Monday - Friday 9 a.m. to 5 p.m. D. That the 30 yard dumpster for non-vegetative waste will be emptied and taken to an appropriate disposal site at least once a week. E. That the hours of the truck dispatch operation be from 6 a.m. to 5 p.m. Monday through Friday, and 7:00 a.m. to 12:00 noon on Saturday. -7- 12/14/93 F. Operational compliance with Section 99.05 (Noise abatement) and Section 4.6.17(D)(2) (Dust Control). 4. Submission of a traffic study prepared by a traffic engineer concurrent with the formal site plan submission. Bob Basehart. representing the applicant, presented aerials and passed out photographs of the surrounding area, emphasizing that the property in question is surrounded by industrial uses. He pointed out that the adjacent property to the north is a concrete recycling use; to the west is a facility that stores and ships concrete barriers that are used on Interstate Highways. There are other industrial uses such as an automobile junk yard which includes noisy car crushers. He emphasized that the majority of uses were more intensive, have exten- sive dust, loud noises and have offensive odors. The site in question was formerly used as a concrete plant and the proposed use would be a substantial improvement. He pointed out that the concrete pad will be removed and landscaping will be installed which will greatly improve the appearance of the site and also add to the buffering. Any adverse impacts will be greatly reduced and the facility will add to employ- ment opportunities in the City. Mr. Basehart submitted a letter from the South Florida Sanitation containing signatures of owners of surrounding industrial properties in support of the location of the resource recovery facili- ty. John Underwood, Chairman of the Appraisal Institute for Southeast United States, gave a lengthy presentation relative to his study of any possible negative impacts on surrounding property values, identification and comparison of other similar type uses. He conclud- ed that the proposed resource facility would be an enhancement to the area as opposed to any negative impact on property values by a pro- spective purchaser looking to locate in the area by this use being approved. The following individuals spoke in opposition: Ke~h White, President of Reinhold Wolfe, Economic Research, Inc., stated that his firm conducts feasibility studies and analysis for proposed residential and commercial developments throughout the State of Florida. He stated that he was hired by the City as a con- sultant to consider whether the proposed resource recovery facility would hinder the development or redevelopment of nearby properties. He stated that it is his expert opinion that the proposed facility is incompatible with the uses permitted with MIC zoning and that it would therefore discourage the use of nearby sites for light industrial operations and have a negative impact on the future potential to redevelop the surrounding area with industrial facilities. Further, it is important to note that MIC zoning permits certain types of indus- trial uses, including manufacturing, fabrication and/or assembling, or the wholesaling, storage and distribution of any products which may be manufactured on the site. He pointed out that the proposed use is considered a conditional use which requires special approval which -8- 12/14/93 might be appropriate but without restrictions within a zoning dis- trict. The purpose of identifying such conditional uses and regulat- ing them in a special manner is that they possess certain characteris- tics which might make them incompatible with existing uses, contiguous zoning and permitted uses and future uses. He then highlighted the reasons why certain sites were considered by potential purchasers for the location of their businesses. In conclusion, Mr. White stated that it is his opinion that the proposed resource recovery facility is incompatible with the permitted uses of the properties with MIC zoning and that it would discourage the use of nearby sites for the permitted light industrial operations; and, that this particular use would have a negative impact on future potential redevelopment. Thomas Mock, President of the Sudan Homeowners Association, opposed the proposal and pointed out issues to be considered such as: the value of local businesses is a very valid concern, and how it will affect the tax base and the public perception. He felt that the City should endorse its image of an "All America City" and should discour- age additional light industrial uses in the area. Clarence Wolf stated that he owns property south of the proposal and owns two other parcels which are directly across the street. He expressed concern of the possibility of the resource recovery facility becoming a transfer station. Helen CoQpersmitho representing The Progressive Residents of Delray (PROD), was adamantly opposed to the conditional use request and expressed concern of the image of Congress Avenue as a north/south corridor into the City. She pointed out that the South Florida Sani- tation representative stated at the Planning and Zoning Board meeting that 64 truck loads of yard waste will be visiting the site each week. Paul May, Attorney representing the Noland Company at 251 North Congress Avenue, stated that his client presently has a ware- house on the property and intends to build a 1.5 million dollar show- room that will front on Congress Avenue. He noted that the Noland Company has a facility in Virginia that is near a mulching plant which had bad experiences with dust and offensive odors. He quoted a state- ment from an article printed by the Palm Beach Post on October 21st relative to South Florida Sanitation. At this point Mr. White responded to several questions asked by Mr. Basehart regarding his analysis. The City Manager asked the Planning Director as to how long the temporary traffic barriers would be stored on the property. Mr. Kovacs responded that it was his understanding that the traffic barriers were supposed to be stored on the property for ap- proximately a one year period and noted that the barriers were being stored for work being conducted on 1-95, south of Linton Boulevard. -9- 12/14/93 The Planning Director responded to questions asked by the Commissioners relative to the uses being conducted on the property and highlighted the following significant issues: In response to a question regarding South Florida Sanitation truck repair use and truck traffic, Mr. Kovacs explained that the activity proposed is that of picking up trash, dispersing it to the land fill, and picking up and delivering recycling materials to the disposal sites. He emphasized that the activities which he just described are not conducted on this site and that the description of the use is that of a resource recovery, thus, the activity of convert- ing vegetative yard waste material into mulch is conducted on the site. The repair of trucks is not allowed under the MIC zoning as a permitted use; however, it is considered an assessory use. He empha- sized that only the trucks that are under the company's ownership and utilized by the business will be allowed; however, no other trucks will be allowed on the site. In regard to whether or not various industrial uses on other properties surrounding this site were anticipated or expected to be removed, Mr. Kovacs responded in the negative, at least not that he was aware of. The concrete tower was understood to be removed as it is not part of the use; also, other features that do not pertain to the proposed site will be removed. Mr. Kovacs thought it might be appro- priate to specifically add that as a condition of approval so that there is no misunderstanding. There is a limitation of one chipper and it is to be cen- trally located on the site. The repairs of the trucks will be conducted within the bays and the only aspect of the business that is allowed to be operated outside is the mulching operating, the loading, unloading and storage of trucks and parking of vehicles. In rebuttal, Mr. Basehart stated that this is the intention of his client and agreed to the removal of the silos and the batch plant as a condition of approval. He pointed out that repairs to the trucks on the site is purely maintenance and should not be considered as "garage repairs" He emphasized that the industrial character of this area has been the same since the 1960's and will continue to be the same even if this proposal were not approved. There is a great financial investment in this area and the business activity will only reinforce that these uses will continue. Mr. Basehart further empha- sized that the Staff Report clearly concludes that the location is appropriate for this type of use and all standards and criteria of the code that are necessary in terms of positive findings and approval of this request should be granted. -10- 12/14/93 The Planning Director noted that Congress Avenue was a two lane highway when he first came to the City in 1986. At that time there were junk yards abutting Congress Avenue and at least three concrete plants in the immediate vicinity. He felt there has been significant change in this area of Congress Avenue primarily due to it going to a six lane thoroughfare and with the removal of several detrimental uses there certainly is a change of character in the area. Mayor Lynch stated that the City had worked very hard to have this area as an Enterprise Zone with bonds for improvement and to attract new business to the City. He did not feel that the proposed use would enhance the area, and in fact would be a detriment to the development and redevelopment of the area which is necessary to take advantage of the Enterprise Zone. Commissioner Randolph stated that he has visited the area several times and does not feel that it is as bad nor as noisy as compared to the adverse impact of noise along 1-95. He noted that' the zoning is allowed and the conditional use is allowed and concluded that he does not think the proposal as being offensive. Prior to roll call Commissioner Alperin explained that he reluctantly seconded the motion because he preferred not to allow this type of use. He feels that the "defect" in the City's conditional uses and ordinances, is not an adequate reason for justifying denial. Mr. Randolph moved approval of the conditional use request, subject to the limitation of one chipper allowed on the site and the removal of the concrete tower; and, subject to all conditions as outlined in the Staff Report, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No. Said motion passed with a 3 to 2 vote. 9.B.. APPEAL OF AN HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of an Historic Preservation Board decision denying a request for waiver of the sidewalk installation requirements for Skinner Dental Lab located at 703 N.E. 3rd Avenue. Ralph Cantin, representing the petitioner, urged the Commis- sion to approve the waiver request or permit the owner to defer in- stalling sidewalks until such time that another property is converted into either office or retail use. The Planning Director recommended that the request not be granted and suggested that the Commission be consistent in considering waiver requests for infill development. Dr. Alperin moved to uphold the Historic Preservation Board's decision and deny the waiver, seconded by Mr. Ellingsworth. 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 - 0 vote. -11- 12/14/93 9.C, AWARD OF BID FOR HEALTH INSURANCE: Consider awarding the bid for Health Insurance to Anthem Insurance Company in the annual amount of $1,887,550 with funding from Insurance Fund - Health Claims (Account No. 551-1576-591-45.41). Joe Safford, Finance Director, pointed out that the claims activity on the City's health fund has increased significantly and that it is the opportune time to investigate and receive competitive bids for a fully insured health plan due to present market conditions. He presented a graph of the City's Benefits Comparison which outlines the dramatic increase of claims during a five year period. He compared the different plans under consideration and pointed out that the present insurance carrier, Anthem, has offered a plan with total costs, including administrative, of $1,887,550 and also a two year contract which is not to exceed 12%, which includes a P.P.O. and a H.M.O option with no deductibles. He pointed out that the City would like to work toward that but the H.M.O. option would be too drastic a change from the environment that is currently used. The Insurance Committee recommends that the City award the health insurance contract (thus retaining the same carrier) in the amount of $1,887,550, with terms as outlined in the memorandum to the City Manager dated December 9, 1993. The Finance Director then responded to questions regarding bid quotations of the competitive carriers, cost of dependent cover- age, etc. He asked that the Commission give direction locking a $10.00 reduction in the dependant rate for a period of two years; thereby, using the savings to offset the present deficit that must be paid in the present self-insured plan. The City Manager stated that he could not support locking in the dependent rate for two years. Mayor Lynch requested that Mr. Safford check for coverage for mental health, drug rehabilitation, and organ transplants, etc. He suggested that the Insurance Committee reevaluate the dependant coverage after a year's term. The City Manger noted that the whole insurance package will be monitored on a month-to-month basis. Mr. Randolph moved to award the bid for health insurance to Anthem Insurance Company in the amount of $1,887,550, with funding from Insurance Fund - Health Claims (Account No. 551-1576-591-45.41), seconded by Mrs. Smith. Upon roll call the Commission voted as fol- lows: 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, ADDENDUM TO LICENSE AGREEMENT BETWEEN THE CITY AND RAMBLIN ROSE RIVERBOAT, INC.: Consider a modification to the existing license agreement with the Ramblin Rose Riverboat which extends the agreement -12- 12/14/93 an additional seven years and allows the boat to travel to more lucra- tive markets between June 1st through September 15th. City Manager recommends approval. David Tolces, Assistant City Attorney, stated that the Captain of the Ramblin Rose Riverboat requested an extension of seven years to the existing license; and for an option to not operate the riverboat from June 1st thru September 15th. This will allow him the ability to take the boat up north during the summer months. Mr. Tolces pointed out that it will be necessary to increase the monthly rental fee to $1,150 for years 11 thru 14 and $1,300 per month for years 15 to 17. Mayor Lynch suggested that rather than a 30 day written notice, the Captain should provide the City with a 60/90 day written notice should he intend to vacate the dock during the summer. It was the consensus of the Commission to modify the exist- ing agreement to vacate between June ! through September 15 with a 60 day notification on April 1st. Mr. Ellingsworth moved approval of the lease agreement as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.E. T~I$ ITEM W~S REMOVED FROM THE AGENDA. 9.F. REVISED CAPITAL IMPROVEMENT PROGRAM FOR STORMWATER UTILITY: Approve a revision to the Capital Improvement Program for the Storm Water Utility Fund projects which reallocates funding for the Lake Shore Drive Retaining Wall project. City Manager recommends approval. Dr. Alperin moved approval of the revised Capital Improve- ment Program for Stormwater Utility, 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. Said motion passed with a 5 to 0 vote. 9.G. SERVICE AUTHORIZATION NO. 11/O'BRIEN. SUITER AND O'BRIEN: Consider a service authorization in the amount of $24,975, with a $5,000 contingency, to the contract with O'Brien, Suiter and O'Brien for surveying services for the raw water main from Linton Boulevard to the Golf Course; with funding from 1993B Water and Sewer Revenue Bond - Wells Morikami (6) (Account No. 440-5179-536-63.61). City Manager recommends approval. Mr. Ellingsworth moved approval of Service Authorization No. ll/O'Brien, Suiter and O'Brien, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -13- 12/14/93 9.H. THIS ITEM WAS REMOVED. ~,I. Ap~QINTM~NT$ TO THE CODE ENFORCEMENT BOARD: Appoint members to fill the general contractor, real estate person, layperson and alternate position on the Code Enforcement Board to terms ending January 14, 1997. Commissioner Alperin stated that he needed more time to research his potential appointee and deferred his appointment of the general contractor, Code Enforcement Board, to the Special Meeting of January 4, 1994. Mayor Lynch requested that his appointment for the alternate position also be deferred to the Special Meeting of January 4, 1994. Commissioner Ellingsworth appointed alternate John Goodman as the real estate liaison to the Code Enforcement Board, 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. Commissioner Randolph appointed Richard Eckerle, to serve as the layperson to the Code Enforcement Board, 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. 13. Comments and Inquiries on Non-Agenda Items: 13.A.1. Mr. Ellingsworth wished everyone a Happy Holiday. He sug- gested that the Commissioners visit the tennis matches (Sunshine Cup Tournament). The finals for the girls will be held on Saturday, December 18, 1993 and the boys on Sunday, December 19, 1993. 13,A.2, Mr. Ellingsworth expressed concern that the City is giving the impression to the architects for the new Golf Course Clubhouse that 2.2 million dollars is the figure to be used. Perhaps that is the amount available, but he feels that they should give the City the best product at the least price. Mayor Lynch commented that he does not feel the amount is all that important. The architect really does not set the amount, because he is still going to receive his fee for the design. The City Manager stated that the architect needs to know at some point what type of roof is to be installed, etc. and the budget determines to a large degree what kinds of materials can be used in the building and they have a great influence on the final price. 13,A.3, Mrs. Smith wished everyone a Merry Christmas. 13.A.4, Dr. Alperin had no comments or inquiries. 13.A.5. Mr. Randolph had no comments or inquiries. -14- 12/14/93 13,A,4. Mayor Lynch wished everyone a happy and healthy holiday season. 13.B. The City Attorney had no comments or inquiries. 13.C. The City Manager had no comments or inquiries. Mayor Lynch declared the meeting adjourned at 10:25 P.M. Acting City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of December 14, 1993 which minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amend- ments, additions or deletions to the minutes as set forth above. -15- 12/14/93