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03-10-88SpMtg 431 MARCH 10, 1988 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 12:02 P.M., Thursday, March 10, 1988. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger (Arrived 12:04 P.M.) Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Mary McCarty Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Canvassing the returns and declaring the results of the March 8, 1988 First Nonpartisan Election. 1. The City Clerk reported that she has presented the certified cumulative total for the regular and absentee ballots from the Supervi- sor of Elections Office of Palm Beach County, Florida, showing the results of the First nonpartisan Election held on Tuesday, March 8, 1988, for the office of Mayor for the term of two years and the office of one Commission Member Seat #2 for the term of two years. The results were as follows: Mayor - Two Year Term Total Doak S. Campbell 9001 Thomas S. Haenlon 1660 Commission Member Seat 92 - Two Year Term Total Patricia "Trish" Brainerd 8134 Beril Kruger 2667 The City Clerk advised that at this time the Commission should make a motion to approve the results of the voting as indicated and that the Certificate of Election is to be attached and made a part of the minutes of this meeting. Mrs. Horenburger moved to approve the total votes for each candidate including all the regular and absentee votes as presented, and that it is hereby declared that Doak S. Campbell is elected to the office of Mayor for a two year term and that Patricia "Trish" Brainerd is elected as Commission Member Seat #2 for a two year term, commencing on the 31st day of March, 1988, and ending in accordance with the City Charter, seconded by Mr. Weatherspoono Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Clerk reported that for the office of Commission Member Seat #4 Candidate Jimmy Weatherspoon was unopposed, therefore, being the only candidate for the office of Commission Member Seat #4 he is hereby declared to be elected to that office in accordance with Section 5.04(b) (2) in that he is deemed to have voted for himself. Mr. Weatherspoon's term is a two-year term commencing on March 31, 1988 and ending in accordance with the City Charter. 432 Mr. Dougherty moved that Jimmy Weatherspoon be declared as the winner as he was the only candidate who filed for the office of Commis- sion Member Seat ~4 to be seated as of March 31, 1988 for a two-year term ending in accordance with the City Charter, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 12:06 P.M. 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 March 10, 1988, which minutes were formally approved and adopted by the City Commission on_ .~/~ ~ ~ /~. 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 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. -2- 3/10/88 433 435 from Swinton to the Intracoastal; the project that the City will be able to construct this year is Swinton to 5th Avenue because DOT will not be transferring title to Atlantic Avenue east of 5th Avenue. Anything east of 5th Avenue will not encroach on the roadway. Upon question by Mr. Dougherty, Mr. Church clarified that the cost for improvements from 5th Avenue to the Intracoastal would be $350,000; this is included in the 1.1 million dollar total cost. Mr. Dougherty questioned what was deleted to take it from 2.3 million to 1.1 million. Mr. Church stated the road has been left in place; basically, they are not expanding the sidewalk an additional six feet on both sides and they don't have the expanded intersection treat- ment at the nodes. They are only building approximately half the sidewalks, the landscaping is cut by half, the lighting is essentially the same and the nodes are significantly reduced. Mrs. McCarty stated her concern is if we go with this project what impact will there be in beautification; will it really make a difference. For 1.1 million dollars will we see a real difference? Mr. Nestler advised you will see some differences but he could not charac- terize it as a dramatic difference. In this scenario, there will not be room to provide planting adequately on the sidewalks and allow people to walk comfortably or provide street furniture; there will be heavier planting at the intersections. Mr. Nestler advised that the proposal before the Commission this evening is the proposal coming from the City, not the consultant. Given the limits and the parameters of what the City wants to accomplish, they would do a quality job; however, you get what you pay for. Mrs. McCarty stated she would like to see a little more than trees at intersections after four years of talking and antici- pation. The City Manager advised there will be room for furniture, significant amounts of additional landscaping, improved signage, under- ground street wiring, decorative lamps, etc., and didn't believe the Commission should sell this project short. It can also be added to. Upon question as to whether there would be any delay due to the redesign, Mr. Nestler stated it would be difficult to say at this time; however, he felt that that phase could certainly be implemented this year, but they would have to sit down and review what is being proposed with the contractors. There was discussion between Mr. Dougherty and Mr. Church with regard to any work to be and or not to be done on the street itself, i.e., resurfacing, milling. Mr. Weatherspoon commented, for the record, that before any final design was undertaken by Sasaki, the Commission should have approved it; he does not recall them coming before the Commission with a conceptual design of what was presented last week. Hopefully, this will not occur with other beautification projects. He complimented staff in making this a more realistic project and bringing it within our proposed budget. Upon question by Ken Ellingsworth, Chamber of Commerce, the City Manager advised that this plan provides for underground wiring and irrigation. Vince Canning, President of the Atlantic Avenue Association, stated they are vitally interested in downtown Delray and its survival. He preferred the concept the way it was presented last week; perhaps they can't go all that way, but they do need something and they need it now. He urged the City to do something and do it this year. Ernest Simon, President of the Chamber of Commerce, stated he echoed what has been said by Mr. Canning. He urged the pursuit of Phase I with all speed, asking for a completion date by Thanksgiving. Mrs. McCarty questioned the elimination of the left turn lane at 3rd Avenue. The City Manager stated he had conversation with the City Engineer and they are satisfied that if the option selected is to leave this lane in that it can be done. Billie Linville of Sun Bank stated the bank is all in favor of the 2.3 million dollar project; they want the City to be beautiful but not as a trade off to being -2- 3/15/88 436 functional. People are going to have to be able to get through the town; if the left turn lane is eliminated, there is no north-south throughway at 3rd Avenue and there will be a real traffic problem there. Connie Tuttle, Chairman of the Downtown Development Authority, Robert Currie, Chairman of the Planning and Zoning Board, Tom Lynch, Chairman of the CRA, Joan Weir, Main Street Coordinator, and Betty Matthews, representing the Beach Property Owners Association, all spoke in favor of the original plan, the majority indicating that to go with the second plan is doing almost nothing and that a real change is needed. Lonnie Cook, Hand's Office Supply, spoke in favor of approving the compromise phase; the removal of left turn lanes would seriously deter traffic from progressing east or west on Atlantic Avenue. They also need as much parking on Atlantic Avenue as possible. Jim Johnson, architect and formerly a member of the Mayor's Task Force, stated he has listened to a lot of input from the citizens over the past four years during the planning of this project. They want to have a major impact with the idea of having the people going through to go around the downtown, so that the people who want to shop on Atlantic Avenue can get there without a lot of traffic congestion. They wanted to encourage people to use the.one way pairs. He also commented that a left turn lane coming from the east so as to go south on 3rd Avenue would solve all the circulation problems that he could foresee, and believed the consultant could work this into the plan. It is impor- tant to have the additional sidewalk area for landscaping; otherwise you are not going to make that major impact and much of a difference. Mayor Campbell declared a recess, the time being 8:05 P.M. The meeting was reconvened, the time being 8:45 P.M. The City Manager reported that following discussion, he recom- mends that the City proceed with the plan that was recommended last week with the following changes: They not include a phasing to the project, i.e., that they bid the project in one bid item; that they provide a performance bonus to the contractor that states unequivocally that the contractor must be out of the ground between 5th Avenue and Swinton Avenue before December lst; that a left turn lane be designed at 3rd Avenue, recognizing the uniqueness of that intersection; and that the City urge the designer to work with staff and move with all due speed to accomplish this so they can be in the ground as soon after June as possible or as soon after the City receives title to Atlantic Avenue. In addition, there will also be a substantial penalty for failure to perform. The City Manager stated that 5th Avenue to the Intracoastal will be a part of the project, realizing that the installation of amenities depends on the acquisition of title or design permission by the DOT and may be delayed until 1989. Mr. Dougherty moved to adopt the City Manager's recommendation, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared the meeting adjourned at 8:47 P.M. ATTEST: MAYOR -3- 3/15/88 437 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 March 15, 1988, which minutes were formally approved and adopted by the City Commission on ~~ ! ~. /~ . City CIerk 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 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. -4- 3/15/88