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02-23-93 FEBRUARY 25, 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 6:00 P.M., Tuesday, February 23, 1993. 1, Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2, The opening prayer was delivered by Commissioner David Randolph. 3, The Pledge of Allegiance to the flag of the United States of America was given. 4, Agenda Approval,. Mayor Lynch noted that there is an addendum to the agenda, adding Item 9.M., Settlement Offer - Small vs. City of Delray Beach, to the Regular Agenda. Assistant City Attorney Ruby requested Item 10.D., Ordinance No. 17-93 relative to Police and Fire pension issues, be continued to the March 10, 1993, regular meeting inasmuch as further revisions to this ordinance are still under review. Mayor Lynch requested Item 8.I.1. on the Consent Agenda (award of bid for Allamanda Gardens drainage improvements) be moved to the Regular Agenda as Item 9.AA. Dr. Alperin requested Item 8.C. on the Consent Agenda (acceptance of parking agreements in conjunction with the Virgin- ia Slims tournament) be moved to the Regular Agenda as Item 9.AAA. Dr. Alperin moved for approval of the agenda, as amend- ed, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - 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: Dr. Alperin moved approval of the Regular Meeting minutes of February 9, 1993, seconded by Mr. Randolph. Mayor Lynch requested that page 29, third paragraph, relative to the discussion on the Golf Course Clubhouse proposal, be amended to reflect his strong opposition to the project. Dr. Alperin amended his motion to include the change requested by Mayor Lynch; Mr. Randolph amended his second. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 6, Proclamations. 6.A, Mayor Lynch read and presented a proclamation in recog- nition of the "I HAVE A DREAM FOUNDATION", extending best'wishes for a successful future for this most worthy project. Mr. Herman Green and Mr. Jay Felner came forward to accept the proclamation. Mr. Felner thanked the Commission and reminded all of the kick- off ceremonies to be held on Monday, March 1, 1993, between 3:00 and 5:00 p.m. at Carver Middle School. 6,B, Mayor Lynch presented a proclamation proclaiming the week of March 7 through 13, 1993, as "Save Your Vision Week". Mr. Ellingsworth stated that he would deliver the proclamation to Dr. Carl Carter. 6.C. Mayor Lynch read and presented a proclamation proclaim- ing March 28, 1993, as "Unity for the Community Day". The Mayor recognized Mr. Charles Ridley of MAD DADS for his efforts in this regard, and Mr. Ridley came forward to accept the proclamation. Mr. Ridley thanked the City Commission for their participation and leadership in the many activities which are happening in the city. He advised that the intent is to set aside one hour, from 3:00 to 4:00 p.m., on March 28, 1993, as the time for everyone to set aside their own agenda in a show of unity in the community. 7. Presentations. NONE. The following items were considered by the Commission as the Consent Agenda: CONSENT AGENDA 8.A. Ratification of South Central Regional Wastewate~ Treatment and Disposal Board ActiQn~ of F~bruary 8, ~993. The Commission is to consider the ratification of seven items ap- proved by the SCRWTD Board at their February 8, 1993 meeting. Ratification is recommended. 8.B. First Amendment to the Interlocal Agreement Between th9 City and Community Redevelopment Agency. The Commission is to -2- 2/23/93 consider approval of the amendment to the interlocal agreement between the City and CRA which provides~ for the refinancing of the CRA's outstanding debt using the same terms under which the 1987 Utility Tax Bond Issue was refunded. Approval is recommend- ed. 8.C. Acceptance of Parking Agreements. MOVED TO THE REGULAR AGENDA AS ITEM 9.AAA. 8,D, Agreemen~ wi~h International P~per D/~/A Me,wen Lumber. The Commission is to consider approval of an agreement between the City and International Paper d/b/a McEwen Lumber Company for the use of their site as a training area for Fire Department personnel. Approval is recommended. 8.E. Re~olution No. 16-93. Resolution No. 16-93, assessing the cost for abatement action necessary to demolish an unsafe building at 1205 S. Dixie Highway, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 16-93 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. 16-93 is on file in the offi- cial Resolution Book) 8.F. Geotechnical Consultinq Services. The Commission is to consider approval of the ranking of firms and authorizing staff to negotiate contracts for continuing geotechnical consulting services with the four top-ranked firms. Approval is recommend- ed. 8oG. R~olu~iQn NO. 18-93. Resolution No. 18-93, supporting the request of the Florida Department of Natural Resources for additional time and money to further study the re-establishment of the Coastal Construction Control Line in Palm Beach County. Approval is recommended. The caption of Resolution No. 18-93 is as follows: -3- 2/23/93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE REQUEST OF THE FLORIDA DEPARTMENT OF NATURAL RESOURCES FOR ADDITIONAL TIME AND MONEY TO FURTHER STUDY THE RE-ESTABLISHMENT OF THE COASTAL CONSTRUCTION CONTROL LINE IN PALM BEACH COUNTY. (Copy of Resolution No. 18-93 is on file in the offi- cial Resolution Book) 8.H. Right of Entry and License Agreement. The Commission is to consider approval of a right of entry and license agreement with Daughter of Zion Seventh Day Adventist Church for the in- stallation of a sidewalk adjacent to their property on N.W. 2nd Street. Approval is recommended. 8,I, Award of Bids and Contracts. 1. Allamanda Gardens Drainage Improvements. MOVED TO THE REGULAR AGENDA AS ITEM 9.AA. 2. East Atlantic Avenue Drainage Outfall (Emergency Repair) - Ocean Bay Construction Company in the amount of 815,355, with funding from Storm Water Utility - Drainage Outfall (Account No. 448-5411-538-62.17), subject to concurrent approval of budget transfer from Storm Water Utility Northwest Drainage (Account No. 448-5411-538-62.11) to Account No. 448-5411-538-62.17 in the amount of $15,355. Mr. Mouw moved approval of the Consent Agenda, as amended, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA ~,AAA, Acceptance of Parking Agreement~, The Commission is to consider accepting parking agreements with Mount Olive Missionary Baptist Church, Cason United Methodist Church and Parkview Prop- erties in conjunction with the Virginia Slims Tournament. Ap- proval is recommended. Dr. Alperin requested clarification as to who will be responsible for providing security for the parking lots. Assis- tant City Attorney Ruby stated that the owners of the respective sites will not be responsible. The City, by contracting with these properties, assumes the responsibility; however, the City then subcontracts with Liddun International pursuant to our agreement. On question from Mayor Lynch, Ms. Ruby advised that the agreements contain appropriate hold harmless and indemnifica- tion provisions to the extent permitted by law. -4- 2/23/93 Mr. Randolph suggested the possibility of using "tower" type facilities for security purposes on particular sites as this type of arrangement affords excellent visual security, and asked that it be looked into for future events. Dr. Alperin moved approval of the parking agreements with Mount Olive Missionary Baptist Church, Cason United Method- ist Church and Parkview Properties, subject to the City Attorney checking the agreement with Liddun International and working into the subject agreements the appropriate transfer of responsibility for security, seconded by Mr. Mouw. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.AA. Award of Contract for Allamanda Gar~ns Drainaqe Im- provements.. The Commission is to consider the award of contract for Allamanda Gardens Drainage Improvements to Colonna Construc- tion Company in the amount of $91,980.03 with funding from Gener- al Construction Fund - Allamanda Gardens Improvements (Account No. 334-1978-554-60.69/$45,941), Community Development - Water and Sewer Improvements (Account No. 118-1964-554-60.24/$11,052), Renewal and Replacement Fund - Fire Hydrant Replacement (Account No. 442-5178-536-61.77/$6,870), and General Construction Fund - Streets, Alleys and Sidewalks (Account No. 334-3162-541-63.10/$28,117.03). Approval is recommended. Mayor Lynch questioned why the drainage was being done now since we had just done Allamanda Gardens; why wasn't it included in the initial scope of the project? The City Manager pointed out that drainage improvements represent only a small portion of this particular request; over half of it is the con- crete driveways at $31,079 and the sidewalks at $18,864. The contract addresses a variety of work to finish the project. On question from Mayor Lynch as to any responsibility on the part of the Housing Partnership, Lula Butler, Director of Community Improvement, stated that the City is responsible for the infrastructure improvements; it is not part of the Housing Partnership's role. Dr. Alperin moved approval of the award of contract to Colonna Construction Company in the amount of $91,980.03 for Allamanda Gardens Improvements, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.A. Review of Appealable Land Development Actions of Vari- ohs Boards. The Commission is to 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 February 8, 1993, through February 19, 1993. -5- 2/23/93 Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, the following discussion was had: Mayor Lynch stated he was encouraged by the fact that SPRAB had tabled the site, landscape and architectural plans associated with the construction of a 2,000 sq.ft, laundromat at the Bi-Lo grocery market site. With all of the efforts being made to alleviate the loitering situation on West Atlantic Ave- nue, he questioned the appropriateness of this use and asked if anything could be done to get rid of it? David Kovacs, Director of Planning and Zoning, stated that the tabling only deals with the site plan approval, not the use. The use is existing on property zoned General Commercial and is permitted within that zoning district. The only way this could be addressed further would be to consider a text amendment to make laundromats a conditional use in the GC zone. Mr. Randolph commented that the people using the laundromat are not the ones who are loitering; it is the people who go into the market to buy beer and then drink it on the site. At this point the roll was called to the motion. 9,B. Comprehensive Plan Amendment 93-1. The Commission is to consider authorizing staff to initiate Amendment 93-1 to the City's Comprehensive Plan. Planning and Zoning Board recommends approval. David Kovacs, Director of Planning and Zoning, stated that the action before the Commission this evening is to formally initiate Comprehensive Plan Amendment 93-1. The documentation provided in the agenda packet identifies the issues recommended by the Planning and Zoning Board to be included in the amendment. If the program stays on schedule, a public hearing will be held at the Commission level on March 23, 1993, for transmitting the document to the Department of Community Affairs. Mr. Kovacs also noted that Plan Amendment 93-1 contains no land use map amend- ments. In the report provided to the Commission, there are some 25 projects which are being actively considered as amendments to the Five Year Schedule of Capital Improvements, and also policies to justify some of these projects. These constitute the most significant part of this plan amendment other than the wellfield policy changes and the beach access policy report and its impli- cations. Mr. Kovacs advised that once the plan amendment is initiated by the Commission, nothing more will be added to it; items may be dropped, but unless an emergency situation arises, no additional items will be included. On question from Mr. Ellingsworth, Mr. Kovacs stated that if there are specific items which the Commission does not want addressed, that direction -6- 2/23/93 should be given this evening; likewise, if there is something which the Commission would like to add, that also should be done this evening. For example, the City Manager has indicated that he feels we should not address the issue of market feasibility studies and, if the Commission agrees, that item would be deleted from the work program. Discussion followed on the identified projects. Mr. Ellingsworth stated that he agreed with the City Manager concerning the item of retail surveys. On Lake Ida Road, he felt the area from 2nd Avenue east to Federal Highway (6th Avenue) should be included and looked at in this amendment. In response to questions from Mr. Ellingsworth, Mr. Kovacs stated (1) the Commission will receive on March 23, 1993, a priority list and a price tag for those projects which are recommended; and (2) the right-of-way along Swinton Avenue is generally at 60 feet. Swinton is a collector road which would normally have an 80 foot requirement, so we are establishing the right-of-way at 60 feet, unique for this City collector road. Dr.. Alperin questioned why the beach access walkover item was included in the amendment when a negative response has already been forthcoming from the Commission? Mr. Kovacs stated that prior formal direction was to conduct a study in this re- gard. This has now been done and the conclusions of that report are consistent with the direction given by the Commission; that is, the disposition is not to accommodate walkovers. Dr. Alperin also expressed the opinion that the Lake Ida Road Beautification and the AS 400 computer system upgrade for the Police Department should be included if at all possible. Dr. Alperin moved to approve the initiation of Amend- ment 93-1 to the Comprehensive Plan, with the exclusion of the policy requiring marketing analyses for retail commercial uses greater than five acres and with the addition of extension of Lake Ida Road from N.E. 2nd Avenue east to N.E. 6th Avenue; seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.C. Proposal to Increase Tennis Fees. The Commission is to consider a proposal to increase the tennis center membership fees. Mr. Ellingsworth complimented staff for the equitable and competitive rate schedule, which he supports. Upon question as to whether the City is billing on a calendar or birthday year, Ed Foster, Tennis Pro for the City of Delray Beach, responded that the membership is good for one year from the date it is purchased. Mr. Ellingsworth questioned if there are currently any "anonymous angels" that help children with a lot of poten- tial, but who do not have the financial means to participate. -7- 2/23/93 Mr. Foster stated efforts are underway and a program will soon be available along this line. Mr. Ellingsworth moved approval, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Mouw expressed the feeling that the fees might be too high, and questioned if there have been any marketing studies conducted on this. Joe Weldon, Director of Parks and Recreation, commented that a rate increase has not been requested for three or four years; however, with the new tennis facility, he feels it is the finest in south Florida and the fees are in line with surrounding municipalities. Mr. Randolph stated he feels consideration should be given to the juniors, since they are the players who will be moving up. The City Manager stated that the fees will be up for review in October of 1993. At this point the roll was called to the motion. 9.D, License Agreement/Hiqhbridge Associates and Coastal Partners Limited. The Commission is to consider approving a license agreement with Highbridge Associates and Coastal Partners Limited for the use of a portion of Canal Street, adjacent to the Busch's Seafood Restaurant, to provide for a boat dock and asso- ciated improvements. City Manager recommends approval. Mayor Lynch expressed approval of two items, one being the provision that if three violations to the disturbance clause have occurred, the license can be terminated; and, there is a $37,000 fee which will be put aside for the purpose of installing a riverwalk if it is determined to be appropriate at some time in the future. Mayor Lynch questioned what the $37,000 represents in respect to actual cost of a riverwalk. The City Manager responded that it would depend on what would have to be done to the seawall; the cost of the riverwalk itself would be estimated at approximately $100,000 to $150,000. Mayor Lynch requested that a time frame be included. Mr. Mouw suggested that conditions be added to clarify that payment of the license fees will commence upon signing of the agreement and that construction of the dock be completed within six (6) months of signing the agreement. -8- 2/23/93 Mr. Ellingsworth moved approval of the license agree- ment with Highbridge Associates and Coastal Partners Limited, with the caveat that the work be completed within six (6) months of the signing of the agreement; and, that payments start at the date of signature, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS 10.A. Substantial Deviation/Waterford DRI-DO. The Commission is to consider changes to the Waterford DRI Development Order which would establish a build-out date, timing for improvements to 1-95 ramps and widening of S.W. 10th Avenue. David Kovacs, Director of Planning and Zoning, ex- plained that the action item before the Commission this evening is that of making amendments to the Development Order for the Waterford DRI. The Development Order is by resolution, and while the resolution is not before the Commission tonight, there are two items on which a definitive action can be taken. A third item would then become rather ministerial, and a resolution would subsequently be drafted to include all of the actions which would be brought forward at a later date as a consent item. The three items are: (1) a change to or the establishment of a build-out date for the totality of the overall development of regional impact; (2) a change as to when specific studies pertaining to ramp analysis on 1-95 is required. This deals with conditions 17, 18 & 19 which, in the original approval, include a series of milestones and improvements which needed to be done. All of these improvements have been done, except for one and that is a second right turn lane where Checkers is, and that is not needed. The only thing that is left deals with evaluation of the ramps that go to 1-95. Staff is not ready to give a recommendation on this since they are looking towards FDOT and Treasure Coast to come up with language to address how they want to deal with ramp capacity on 1-95; and (3) a change pertaining to improvements on S.W. 10th Avenue, south of Linton Boulevard, between Linton and Lindell. The original condition was that it be 4-1aned. When Builders Square came through, the submission did not have plans for 4-1aning 10th Avenue south of Linton, so a condition was added to say that the developer had to apply to have the Develop- ment Order condition modified or provide the four lanes. The developer applied for the modification and staff, upon review, has taken the position that they do not need to 4-lane 10th Avenue and improve the intersection based upon traffic analysis and total volumes. What does need to be done is, if that inter- section at Lindell and 10th doesn't work, then the developer should be required to signalize it. If it doesn't work with -9- 2/23/93 signalization, then it should be improved including the four laning. Staff's recommendation is the imposition of conditions, as follows: Three months after Builders Square opens, an assess- ment is done of the intersection. If it doesn't pass, the devel- oper signalizes. If the signalization doesn't work, they four lane it. Then every year Waterford has to do an annual report which includes an analysis of the intersection, and if the inter- section fails the standard test, then they have to improve the intersection. The other part of the condition is that prior to Builders Square being occupied, the south approach of S.W. 10th Avenue at Linton shall be improved to the ultimate section; that is one more lane going south and a concrete median being put in place. On question from Dr. Alperin, Mr. Kovacs stated that if, in 1997, there is no further action and an extension has not been requested, then the project loses its vested status under the DRI, the approval for 350,000 sq.ft, of office space becomes void, the SAD zoning remains, but without a vested use. At this point, Mayor Lynch declared the public hearing open. Speaking from the audience were the following: (1) Mr, Steve McCowsky, representing the Department of Community Affairs (DCA), who stated that he was present to pre- serve DCA's right to appeal the proposed changes to the Waterford DRI. He read the following statement: The proposed changes are .presumed to create a substantial deviation to the original devel- opment plan and may result in additional impacts on the regional transportation network. We are concerned that changes in DO transportation conditions, combined with the project build-out extension, may result in additional impacts on regional roadways such as 1-95 and Linton Boulevard. It is our understanding that traffic conditions may have already changed due to growth of background traffic. Therefore, the proposed changes may create traffic impacts not previously reviewed. The applicant has provided no information to rebut this presumption. Therefore, we are here to preserve our right to appeal if the changes actually create additional impacts. (2) MS, S~lly Black, representing Treasure Coast Regional Planning Council, who stated the basis for TCRPC's concern with the proposed amendment, that being essentially the ability of Linton Boulevard to operate at an acceptable level of service, including a determination as to the functioning of the 1-95 ramps. TCRPC is not overly concerned about the Builders Square traffic being added to the ramps; however, what TCRPC is looking for is an assurance that no more development will take place on this project until it has been shown that the ramps will function at an acceptable level of service through the build-out of this project. At this point, there is no proposed condition language to accomplish this and that is the basis of their con- cern. Ms. Black suggested postponing a decision on whether or not there is likelihood of additional impact. If language can -10- 2/23/93 be worked out which is acceptable to the City and the applicant and TCRPC feels preserves that maintenance of level of service as far as this interchange, then a letter will be forthcoming from TCRPC indicating that their concerns are resolved and they see no reason for substantial deviation review. Ms. Black stated that she felt a period of two weeks would be adequate. (3) Mr. Alan Ciklin, attorney representing the appli- cant, reiterated the Planning Director's remarks in that there are three general requests at this point. One is the build-out date for the balance of the DRI, and the requested date of 1997 is presumed not to be a substantial deviation. Conditions 17, and 19 are conditions regarding monitoring of the on-ramps to 1-95, and the applicant has been working with both FDOT and TCRPC to come up with a condition that they feel comfortable with that will adequately allow them to determine how those ramps are working or not. The third request has to do with S.W. 10th Avenue south of Linton. The Planning Director drafted that condition and the applicant concurs with it. (4) Mr. Ray Masters, 3725 SherwQod Boulevard, who expressed his .opinion that up to this point, the developer has not lived up to his promises and we are now being asked to again accept his word on the matter of this substantial deviation. There is no question that there is a traffic problem on Linton Boulevard and the addition of any more traffic is only going to make a bad situation worse. He asked why the necessary studies are not being conducted by the City to determine what the impacts of these developments are going to be and at that point hold the developer to his promises which have already been made. (5) MS. Helen CooPersmi~h, who expressed her concern about the confusion associated with this request, and her feeling that there doesn't seem to be any clear written contract about what the applicant will be required to do. She also asked when the money committed to by the applicant for road improvements will be received by the city. (6) MS. Lillian Feldmsn, who asked how long we will have to wait for 10th Avenue to be widened from Linton Boulevard north to S.W. 10th Street? The situation on Linton Boulevard is already at gridlock and, hopefully, this would be addressed immediately. (7) Ms. Alice Finst, 707 Place T~vant, who stated that she felt the real traffic problem on Linton is at the intersec- tion of Congress Avenue and Linton Boulevard and she hasn't heard anything about any improvements planned for that location. Also, regarding the $470,000 or so that is supposed to be coming from the developer, what happens when the project actually starts and it turns out to really 8600,000 or whatever it is; who is going to pay for the overage? Mayor Lynch declared the public hearing closed. -11- 2/23/93 In response to some of the questions raised, Mr. Kovacs stated that the $490,000 is a condition of approval associated with Builders Square, and it deals with S.W. 10th Avenue north of Linton Boulevard. The money is payable when there is construc- tion to be done or at the time of Builders Square applying for their occupancy permit, whichever occurs first. As to the time frame for the construction of 10th Avenue, it will probably take a year to have the road in place. Relative to who pays for the road improvements once the money runs out, Mr. Kovacs noted that Mr. Wallace is putting in over $100,000 worth of improvements on 10th Avenue to the north, there is the $490,000 coming from Builders Square and we have the intersection improvement at 10th Street to accommodate the 10th Avenue extension to the north. Other developers in the area would improve 10th Avenue to four lanes when it becomes necessary to do so. Builders Square has the obligation to four-lane 10th Avenue south of Linton when it becomes necessary to do so. Mr. Mouw moved to establish .the build-out date for the Waterford DRI as June 30, 1997; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. :Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion FAILED TO PASS with a 3 to 2 vote. Mayor Lynch passed the gavel to Vice-Mayor Alperin and moved to establish the build-out date for the Waterford DRI as June 30, 1996; seconded by Mr. Mouw. Upon roll call the Commis- sion voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mr. Lynch - Yes. Said motion passed with a 3 to 2 vote. Mr. Kovacs stated that the next issue deals with condi- tions 17, 18 & 19 and staff agrees with Treasure Coast Regional Planning Council that no action should be taken at this time since we are awaiting language from TCRPC and FDOT would find acceptable. Mr. Kovacs then referred to the third item, Local Condition 22, pertaining to improvements on S.W. 10th Avenue, between Linton Boulevard and Lindell. Mr. Mouw stated that with respect to the language recommended by staff in conditions 22A, 22B, 22C and 22D, he would like to see condition 22C (An inter- section analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard and capacity determination for S.W. 10th Avenue shall be submitted with each site plan for further development in the Waterford Place DRI. Based upon such analysis and when so deter- mined by the City, the developer shall improve the intersection and shall complete the four-lane section of S.W. 10th Avenue between Linton Boulevard and Lindell Boulevard) tied in with the completion or opening of 10th Avenue on the north side of Linton so that all of the traffic improvements planned for the area happen at about the same time. -12- 2/23/93 Discussion followed in this regard. It was the majori- ty consensus of the Commission (Mr. Ellingsworth, Dr. Alperin and Mayor Lynch) to support the position to require the improvements to S.W. 10th Avenue, between Linton Boulevard and Lindell Boule- vard, to be done at the time of completion of Builders Square (issuance of certificate of occupancy targeted for June 1, 1993); the intersection at S.W. 10th Avenue and Lindell Boulevard should be improved at the time the north extension of S.W. 10th Avenue is done. Mr. Kovacs then asked for a formal action on the find- ing of substantial deviation in that the three (3) items present- ed for consideration at tonight's meeting do not, either individ- ually or collectively, constitute a substantial deviation from the DRI. Mr. Mouw so moved; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 10,B, Ordinance No. 20-93. Ordinance No. 20-93, amending the Land Development Regulations by creating a new zone district, LI (Light Industrial), is before the Commission for consideration on Second and FINAL Reading. 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. 20-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT"; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO PROVIDE FOR THE INCLUSION WITHIN THE MATRIX OF MINIMUM DEVELOPMENT STANDARDS FOR THE LIGHT INDUSTRIAL ZONE DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 20-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby 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 for the adoption of Ordinance No. 20-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. -13- 2/23/93 Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C. Ordinance No. 2-93. Ordinance No. 2-93, creating a Housing Trust Fund and an Affordable Housing Advisory Committee in conjunction with the State Housing Initiatives Partnership (SHIP) Program, is before the Commission for consideration on Second and FINAL Reading. 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. Approval is recommended. The City Manager presented Ordinance No. 2-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM, PROVIDING FOR DEFINITIONS; PROVIDING FOR THE CREATION OF THE LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR THE ESTABLISHMENT OF THE LOCAL HOUSING PARTNERSHIP; PROVIDING FOR THE INTENT AND PURPOSE OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM; DESIGNATING THE RESPONSIBILITY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE CREATION OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR GUIDELINES TO BE UTILIZED BY SAID COMMITTEE IN ADOPTION OF RECOMMENDATIONS FOR THE AFFORDABLE HOUSING INCENTIVE PLAN; PROVIDING FOR ADOPTION OF THE AFFORDABLE HOUSING INCENTIVE PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby 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 for the adoption of Ordinance No. 2-93 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mayor Lynch commented that he feels both the CRA and the Delray Beach Housing Authority should be -14- 2/23/93 represented. The City Manager stated that membership is set forth in State Law. If the Commission chooses to appoint repre- sentatives from those agencies, they can be accommodated under the provision for three members at-large. 10.D. Qr~inanc~ No.. 17-9~. Ordinance No. 17-93, amending Chapter 33 of the Code of Ordinances relative to Police and Fire pension issues to provide for certain grammatical and verbiage changes, is before the Commission for consideration on Second and FINAL Reading. 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. Approval is recommended. The City Manager presented Ordinance No. 17-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33..62, ,'BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE FOR CERTAIN GRAMMATICAL AND VERBIAGE CHANGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Mouw left the Commission Chambers at this time. Assistant City Attorney Ruby recommended that this ordinance be postponed to the date certain of March 10, 1993. Mayor Lynch stated that at the last Police and Fire Pension Board meeting, it was brought up that there is to be a minimum disability of 25% per Florida Statute, and our system is set up to get 2.25% per year which at the end of ten years is a minimum of 22.5% and does not meet the statutory requirement. It was reported at that meeting that this issue had been presented to the Commission and was turned down. He asked for a status report on this item and what, if any, action had previously been taken by the Commission. Dr. Alperin moved for postponement of Ordinance No. 17-93 until March 10, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.E. Waiver of City Ordinances. The Commission is to con- sider waiving certain City Ordinances in conjunction with the Virginia Slims Tournament. City Attorney recommends approval. Prior to consideration of passage of this waiver, a public hear- ing has been scheduled to be held at this time. -15- 2/23/93 Mr. Mouw returned to the Commission Chambers at this time. 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. Randolph moved for approval of the waivers for the Virginia Slims Tournament, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquirie~ on Non-Agenda Items from the PubliQ. ll.A. City Manag~r'~ R~pon~e ~0 PriQr PubliC Comments and Inquiries. ll.A.1. The City Manager responded to an inquiry about problems ~ith landscape~maintenance on Homewood Boulevard by advising that those specific issues and concerns have been passed on to the maintenance contractor for Homewood Boulevard. Many of the problems are a result of poor design by the landscape architect. Some of the plants are being replaced with species that are more appropriate for the area and a follow-up will continue. ll.A.2. The City Manager reported on the complaint from Mr. Wright regarding correspondence and communication with the Police Department. The Police Department has sent certified letters to Mr. Wright following the execution of search warrants on his rental properties at 609 S.W. 9th Street, 7 N.W. 7th Avenue and 402 N.W. 10th Avenue. The purpose of the letters was to formally notify Mr. Wright, as the property owner, that illegal drug activity was taking place on his property in order that he might take adequate measures to address the problem. Major Lincoln has given instruction to Mr. Wright as to a recommended course of action. He further recommended that should unauthorized people appear on Mr. Wright's property, that he call for a Police Offi- cer to standby and document Mr. Wright's warning as a property owner to the individual trespassers. This would then be recorded and the Police Department would be able to arrest the individual if he should return to the property. Mr. Wright had requested to speak with Officer Mitchell, who had sent the most recent notifi- cation letter, to discuss that particular incident. In Officer Mitchell's absence, Sergeant Rancour did make contact with Mr. Wright who then made a public records request for all Police reports relating to his property. Sergeant Rancour referred Mr. Wright to the records section for assistance in processing the request, and to Mr. Hightower, Police Legal Advisor, for any legal advice or assistance. Mr. Wright was provided with ex- cerpts from the Police Manual. Mr. Hightower denies telling Mr. -16- 2/23/93 Wright that his only recourse was to evict the tenants, thereby pushing the problem to another location. 11.$, The City Manager commented that the "Super Block" concept was discussed and made a part of the final report of the original Neighborhood Task Team. The intent was to identify a neighborhood block that could benefit the most from several resources being pooled together to address declining conditions. Although the "Super Block" has not come to fruition, several things are being addressed that will provide assistance in this direction, such as the Swinton Avenue Beautification Project, the 1993 minimum landscape code requirements for multi-family hous- ing, the City's Bootstrap Program and housing rehabilitation efforts. The matter will be referred back to the Task Team for consideration and comments. 11,4. The City Manager stated, with regard to anonymous letters sent to the City containing various complaints regarding the Police Department, generally anonymous letters are ignored because they cannot be followed up on nor can you get back to the person who wrote them to respond. There is also a statutory problem in that Florida Sta.tute requires that when you are inves- tigating a police officer, the officer must be informed of the name of the complainant. It has been possible to follow up on two of the letters; however, both have been discredited due to information that was found to be inaccurate. ll,B,1, Chris Brown, Executive Director of the CRA, reminded everyone about "Art & Jazz on the Avenue" scheduled for Thursday, Feburary 25, 1993, from 5:00 P.M. to midnight. He advised that a joint venture has been formed with the CRA, the DDA and the Chamber, and a new Downtown Coordinator, Marjorie Ferrer, has been hired. ll,B,2, Arthur Jackel suggested that workshop sessions no longer be held in the first floor conference room, but be moved into the Commission Chambers. He feels there is not enough room or seating to accommodate the public in the conference room and people sometimes have to stand for extended periods of time. Also, the sound (because of the microphones) is better in the Chambers than it is in the conference room. Further, during a workshop session or on the regular agenda, the public is general- ly not invited to speak, but once in a while an exception is made. When these exceptions are made, they should not be for only one individual, but everyone should be invited to partici- pate if they care to. ll.B.~. Mr. Jackel stated that the site on Congress Avenue formerly occupied by Gelco, is in deplorable condition and the property owner should be held responsible for cleaning it up. ll.B.4. Mr. Jackel referred to a parcel located east of 1-95 on Lake Ida Road on the south side with a commercial building on it (the old Marine Way site), stating that it is probably the worst -17- 2/23/93 eyesore in town and has been that way for some time. But now it is much more noticeable with the improvements to Spady School. Again, the property owner should be forced to clean up the land. If we do not have the necessary ordinances to do this, an ordi- nance should be created to get this done. ll.B.5. Mr. Jackel asked the Commission to remember, with respect to the golf course clubhouse, that they had a vision for the tennis center and there are many people in the city who have a vision for the golf course clubhouse. ll,B,6. Mrs. Ardeth Dobson, 907 S.W. 3rd Court, expressed concern and frustration about the drug problem which exists in her neighborhood and feels that it has gone unaddressed for too long a period of time. She has made repeated telephone calls to the Police Department and cannot get anything done. She alleged that her calls to the Police have not been responded to, the most recent being last Friday night (February 19, 1993) when she called at 8:23 P.M. and no one showed up. Mrs. Dobson asked when this problem would be addressed. ll.B,7, Chris Bean spoke in support of Mrs. Dobson by pointing out that it is his experience that a great many of the young people in the area are turning to drugs and the drug dealers are the ones being looked upon as role models. This is a growing problem and one which needs to be addressed quickly. ll.B,8. M~. Alice Fin~, 707 Place Tavant, inquired about the status of some kind of visual aid to assist the public in seeing the presentations which are made to the Commission. ll,B09, Ms. Finst made reference to the historic marker in the northwest area of the City and the City Manager's prior comment that something would be happening there in October. Ms. Finst asked if someone could spend a morning over there, put in some plantings around the marker and repair the fence. Since it is an historic site, she feels it should be cleaned up before October. ll,B,19. Ms. Finst stated that she attended a meeting at City Hall the other night and some sort of alarm went off and rang for 15 to 20 minutes. In the event there should be a fire or a need for assistance in the building, she feels that length of time is too long to wait. Ms. Finst questioned if this particular alarm should be hooked up and, if so, who is supposed to be monitoring it. 11.B.20. Ms. Finst commented that she thinks the City looks wonderful and complimented Digby Bridges for a great job on the tennis center, together with all staff members who have worked very hard and deserve a lot of praise. ll.B.21, Jerry Marshall commended Assistant City Manager Barcinski for doing such a tremendous job on the Education Expo. -18- 2/23/93 11.B,22. Ray Masters, Sherwood Park resident, spoke regarding the upcoming referendum on March 9th dealing with improvements to (S.W.) 10th Street, from Wallace Drive through to Congress Ave- nue. He stated that he believes this is probably necessary to relieve traffic congestion in that area; however, his main con- cern is that when the traffic comes west on 10th Street to Con- gress, the general assumption is that it will turn either left or right on Congress Avenue. He believes this is an incorrect assumption and feels that people will continue along 10th Street, over Congress, and come down Lowson Boulevard, which is a family neighborhood. His concern is that, if traffic is induced along the 10th Street corridor, it will naturally follow through along Lowson. Mr. Masters asked that the Commission consider some alternatives or some method by which the City can avoid flooding what is, fundamentally, a family neighborhood from what will become a major thoroughfare to relieve traffic congestion on Linton Boulevard and Atlantic Avenue. Mayor Lynch advised that staff is aware of this situa- tion and it will be looked into. It is premature at this stage, but will be taken into consideration. 11,B,23. Mr. Masters stated he is aware of the possibility of losing the school site at Military Trail and Linton Boulevard and strongly supports the Commission in their fight to keep the school at that location. 12, Second Reading. (No public hearing). 12.A. Ordinanc9 NO, 13-93. Ordinance No. 13-93, amending the Land Development Regulations by amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", is before the Commission for consideration on Second and FINAL Reading. (First Reading and Public Hearing was held on February 9, 1993). Approv- al is recommended. The City Manager presented Ordinance No. 13-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" SECTION 4.4.24, "OLD SCHOOL SQUARE HIST6RIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 13-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. -19- 2/23/93 Dr. Alperin expressed concern relative to the drastic reduction in parking requirements for restaurants. Mr. Mouw moved for the adoption of Ordinance No. 13-93 on Second and ~INAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - No; Mr. Mouw - Yes. Said motion FAILED with a 3 to 2 vote. Dr. Alperin moved to reconsider Ordinance No. 13-93, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Dr. Alperin stated he would like to see the ordinance passed with the exclusion of the parking reduc- tion for restaurants. Chris Brown, Executive Director of the CRA, stated he feels this is a progressive ordinance and the reduced parking requirements should be seriously considered to encourage and stimulate redevelopment in the affected area. Dr. Alperin moved for the adoption of Ordinance No. 13-93 on Second and FINAL Reading, subject to the exclusion of the reduced parking requirements for restaurants, and with the condition that the issue be presented to the Parking Management Team for review and recommendation, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9,E. Report on Rosd Agreement with Sw$im. The Commission is to consider providing staff direction with regard to the proposed road agreement with Swaim. The City Manager stated that the major purpose of placing this on the agenda was to inform the Commission of the process underway in reviewing this proposal. He gave an outline of the upcoming meetings that will involve discussion of George Bush Boulevard, including beautification, drainage improvements, parking and the subsequent environmental impact, which is all part of the Comprehensive Plan Amendment 93-1. After discussion, it was the unanimous consensus of the Commission that the proposed program for improvements to George Bush Boulevard and Palm Trail in conjunction with The Anchorage project be pursued in accordance with the schedule of review presented by staff. -20- 2/23/93 9.F. Change Order No. 2/Dees Contracting. Inc. The Commis- sion is to consider rescinding Change Order No. 2 to the contract with Dees Contracting, Inc., in the amount of $18,253.46 and approval of Change Order No. 2A in the amount of $91,640.46 for remedial repairs on the Elevated Storage Tank project. City Manager recommends approval. The City Manager summarized the situation, as follows: When the contractor came on site and got inside the tank, they found that the original work had not been done according to specifications. The City is in a position where the tank needs to be placed back in service, so the Manager authorized this change order on an emergency basis. He stated he has consulted with the City Attorney on how to handle this matter and feels that the consulting engineer and the firm that was hired to do the inspection of the work both have a liability and efforts will be undertaken to recover some of the cost of the work. Mr. Mouw moved to rescind Change Order No. 2 in the amount of $18,253.46 with Dees Contracting, Inc., and approve Change Order No. 2 in the amount of $91,640.46 with Dees Con- tracting, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9,G. Change Order NO. 2/Falkav. The Commission is to con- sider a change order in the amount of $32,102.63 to the contract with Falkav, Inc., for miscellaneous site, building, tennis court and tournament facility revisions with funding from General Construction Fund - Tennis Center/Stadium (Account No. 334-4145-572-63.41). City Manager recommends approval. Mr. Mouw moved for approval of Change Order No. 2 in the amount of $32,102.63 to Falkav, Inc., seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.H, Change Order No. 1/AGB Capital Construction. The Commission is to consider a change order in the amount of $19,582 to the contract with AGB Capital Construction for miscellaneous site and building changes for the Currie Commons and Miller Park projects with funding from Decade of Excellence Bond Issue - Miller Park (Account No. 225-4166-572-61.62) and Currie Commons Park (Account No. 225-4146-572-61.64). City Manager recommends approval. Mr. Randolph moved for approval of Change Order No. in the amount of $19,582 with AGB Capital Construction, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; -21- 2/23/93 Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9,I, ~onsideration of Appointees to the Parking Management T~am. The Commission is to consider a request from the Community Redevelopment Agency to nominate members to serve on the Parking Management Team. Mr. Mouw moved to nominate Mr. Ellingsworth, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Ellingsworth requested that the number of committee assignments covered by the Commission members be reviewed at the Organizational Meeting on March 25, 1993. 9.J. Change Order No. 12/Elkins Con~tru~tor~, Inv. The Commission is to consider approval of a change order in the amount of $50,997.38 ($30,000 bonus) and which extends the con- tract completion date by 80 days for miscellaneous revisions to the Water Treatment Plant Lime Softening Conversion project, with funding from 1991 Revenue Bond - Buildings (Account No. 447-5164-536-60.31). Mr. Mouw moved for approval of Change Order No. 12 in the amount of $50,997.38, which includes a $30,000 bonus for having the operational side of the plant on-line by December 24, 1992, and extension of contract ompletion date by 80 days to the contract with Elkins Constructors, Inc., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.K. Amendment No. 4 ~O $~rvice Authorization No. 5/C~2M Hill. The Commission is to consider approval of an amendment to Service Authorization No. 5 in the amount of $20,000 for continu- ing engineering services necessary to complete the Water Treat- ment Plant Lime Softening Conversion project, with funding from 1991 Revenue Bond - Engineering/Architect (Account No. 447-5164-536-31.30). City Manager recommends approval. Mr. Ellingsworth moved for approval of Amendment No. 4 to Service Authorization No. 5 to CH2M Hill, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Golf Course Clubhouse. Mr. John D. Collins, representing Gulf Building Corp., gave a presentation in which he outlined the refinements which -22- 2/23/93 had been made to the project subsequent to the direction received at the City Commission meeting of February 9, 1993, as follows: the proposed square footage of the building has been reduced from 26,012 sq.ft, to 25,178 sq.ft.; total cost of the building has been reduced from $3,310,000 to $3,083,000, representing a reduc- tion in the cost per square foot from $127.25 to $122.45. The interest rate now being proposed is 6.5% as opposed to 9.5%, which brings the lease payment to the City at $275,832 per year for a twenty year period of time (as opposed to $350,638 over a 25 year lease term). He reviewed the various exhibits included in the proposal relating to certain budget items, including Exhibit 1 which is what was initially presented at the workshop about a month ago, followed by Exhibits 2, 3 and 4 also address- ing golf course cash flow forecasts, with assumptions as to anticipated lease payments for the leasing of the restaurant. Mr. Collins also noted the inclusion of two letters from consul- tants to the industry and people in the banquet business, and also a list of some annual events in Delray Beach which he felt would lend credence to the need for a banquet facility. Mr. Collins then reviewed some of the changes which had been made to the development plan to arrive at the reduced numbers. He con- cluded his presentation by stating that he felt the City was being offered a class design at the best possible price for a facility that the City can be proud of. He further stated that the price quoted is the firm price; there will be no change orders on this job. Mr. Joe Safford, Director of Finance, gave a presenta- tion relative to the financial aspects of the proposal. He stated that he, Mr. Dubin and Mr. Barcinski have put a good deal of time and effort into reviewing the matter and discussing various financing options. As a result, his recommendation-is that the City buy the project out at turn-key. Let the developer go ahead and build the building, without any change orders, at the fixed price. Between now and the end of construction, Mr. Safford stated that he could put together a financing package that would improve upon the numbers. The developer would be taken out at the beginning and the City would be the sole owner and would be in control of the facility and all of its opera- tions. The City has its management contract with Mr. Dubin for the golf course operation. If clear direction is received from the Commission that they want to go this route, Mr. Dubin is prepared to begin the steps he feels necessary for the operation of the banquet facility. Mr. Safford reiterated that he felt it would be much cleaner from a financial perspective and from an operating perspective if the City owned and operated the entire facility. Discussion followed between the Commission and Mr. Safford on various financing options, operational considerations and the implications of each. Mayor Lynch stated that he felt the proposed facility was too big and too expensive for the City and he didn't feel -23- 2/23/93 that the profitability will be there. He is in favor of improv- ing the clubhouse facility, but from what he sees, the projected profit margin doesn't justify this size facility. On question from Dr. Alperin, Mr. Dubin discussed his projected numbers for banquet sales over a five year period, estimating $400,000 in year one, going up in following years, and stabilizing at about $800,000 in catering business. Mayor Lynch raised a question about the City's legal ability to purchase the building outright from the developer upon completion. He stated that if the City can enter into such agreements and avoid the bid process, he would like to see this done on more projects in the future. Assistant City Attorney Ruby stated that it must be a lease-purchase type of arrangement as originally outlined to avoid the CCNA requirements, although that does not mean that at some point prior to the end of the lease period that the City cannot exercise the option to pur- chase. However, the agreement needs to be structured carefully so that it is apparent the City is not trying to circumvent the CCNA. Mr. Mouw moved to proceed with Gulf Building Corp. along the lines of their latest proposal and direct staff to immediately draft a lease/purchase agreement with Gulf Building Corp. to get the project going as soon as possible, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 9.M. Settlement Offer. The Commission is to consider accep- tance of a settlement offer from the Plaintiff in the matter of Small vs. City of Delray Beach; parties would agree to voluntari- ly dismiss with prejudice their claims against each other. The City and Ms. Small would bear their own attorney's fees and costs. City Attorney recommends approval. Mr. Mouw moved for approval of the settlement offer, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - 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, Mr. Randolph stated, with respect to the work being done on N.W. 6th Avenue, the contractor apparently left the job in a condition where some of the residents could not get into their yards to park their cars. Mr. Randolph requested that the contractor be asked to make sure that people have access to their driveways before shutting down work for the day. -24- 2/23/93 13.A.2. Mr. Randolph restated the severity of the drug problems in the City. While such efforts as the Community Policing pro- gram have been somewhat successful, Mr. Randolph reiterated his position that the problem is not going to be solved by chasing the little guy on the street; there needs to be greater emphasis on the people who are bringing the drugs into the community to the point where it will become known that Delray Beach will not tolerate drugs being brought in. He reported that while working on a job at S.W. 2nd Street and S.W. llth Avenue, drug dealing was going on openly on S.W. 2nd Street, less than 100 feet from the Police facility. He requested that an extra effort be made to clamp down on this problem. 13.A.3. Mr. Ellingsworth referred to a letter received from Bill Wallace concerning the article that appeared on car theft (about 54 cars have been stolen so far this year) by stating that he feels the majority of the thefts are probably coming from the drug situation Mr. Randolph commented on. He hopes the City will do everything it can to address this situation and asked that the City Manager discuss this particular situation with the Police Chief relative to the automobile dealers. 13.A.4. Dr. Alperin inquired as to the status of the bonus program for staff members who introduce cost-saving ideas. Mayor Lynch commented that while it had been discussed by the Commis- sion some time ago, nothing was finalized. 13,A,~, Mr. Mouw asked the City Manager to put a push on staff to get S.W. 10th Avenue on-line as soon as possible. He recog- nizes the start-up is slow with the land acquisition, negotia- tions, etc., but the City needs to prioritize and stay on top of this. 13,A.6. Mr. Mouw requested a copy of the attendance sheets for the Planning and Zoning Board. 13.A.7. Mayor Lynch stated that Ms. Virginia Snyder had given him the name of a Mrs. Morgan who lives in Delray and is involved with Private Industry Council (PIC). Apparently, PIC is willing to supply the manpower to put in lawns. If the City requires people to upgrade their yards to minimum standards, PIC will provide the manpower, for free, to do that; if the Garden Club gives the City the plants, the only cost to the people would be to pay for the sod and a sprinkler system, if installed. Mayor Lynch requested that this be followed up; the PIC office is located at the old Winn-Dixie site and Mrs. Morgan is willing to provide help. PIC is planning to have over 2,000 people starting in June; they hire summer kids and the City should get the word out to teenagers who are looking for summer work to inform them that they can apply. This could be one way of helping to solve the problem of the expense involved in upgrading landscaping. 13.A.9. Mayor Lynch asked about the cost of the due diligence reports which were provided on John D. Collins and Gulf Building -25- 2/23/93 Corporation. He feels they were good reports and, if the price is reasonable, suggested the City consider doing this on every- body since very thorough information was provided. 13.A.10. Mayor Lynch requested a report on the status of the 25% statutory requirement on the Police and Fire Pension issue to determine if the City is in compliance. 13.A.11, Mayor Lynch reminded the Commission of the City picnic this Saturday, February 27, 1993,~ and the need to field a soft- ball team for the 11:15 A.M. game. He asked the Commission members to contact Mary Dostal on Wednesday, February 24th, with the names of a few Advisory Board members they would like to have contacted to play on the team. 13.A,12, Mayor Lynch noted that in Boca Raton there is some contention about political signs. He would also like Delray Beach to address this issue, sometime after the election on March 9th, but before the next election, in an effort to come up with some kind of criteria which would prevent the City from looking so trashy when all the signs go up (if the Commission feels that signs should be allowed to go up'). He asked that this matter be put to a workshop session sometime after the March 1993 election. 13.B.1. Assistant City Attorney Ruby distributed a report to the Commission on the newsrack ordinance. She stated that Mr. Kurtz, the City Attorney, has met with various representatives from the news media and certain areas have been targeted for a possible compromise. He is requesting that the Commission abate enforcement of the ordinance and hold those that have been cited in abeyance for a period of 45 days, in order that a resolution of these issues can be pursued and perhaps litigation can be avoided in the future. It was the consensus of the Commission to concur with the recommendation of the City Attorney to abate further enforcement of the ordinance until a report comes back on final resolution of these issues, and to put a 45 day stay on those which have already been cited. 13.B.2. Assistant City Attorney Ruby advised that the trial concerning former employee, Ms. Ritchason, is scheduled for the docket commencing March 8, 1993. The Court has dismissed a couple of the claims made against the City, one regarding her claim that she was covered under the Civil Service Act; also, the Court found that the City had not violated Ms. Ritchason's "lib- erty interest", although Ms. Ritchason may appeal these rulings at some future point. There is one count remaining for sexual discrimination and that will be heard before the Court. City Attorney Kurtz requests that Mr. Harden be designated as personal representative. 13oC.1. The City Manager stated that the Firefighters like to compare the City of Delray Beach to Boynton Beach and Boca Raton. He distributed information showing the results of a study which indicates that the salaries of the City of Delray Beach are -26- 2/23/93 higher than Riviera Beach, West Palm Beach, they are equal to Palm Beach County (even though Palm Beach County has a 50-hour work week), and higher than Deerfield Beach and Lake Worth. The only municipalities we are below are Boynton Beach and Boca Raton. He will obtain additional information in this regard and other pertinent information and have it available for the Commis- sion at a later date. Mayor Lynch declared the meeting adjourned at 11:20 P.M. ~ City Cg/erk - ~ ATTEST: 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 February 23, 1993, which minutes were formally approved and adopted by the City Commission ~Ci%Y 'cle~k ' NOTE TO READER: If the minutes that you have received are not completed as indi- cated 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 amendments, additions or deletions to the minutes as set forth above. -27- 2/23/93