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05-28-91 MAY 28, 1991 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, May 28, 1991. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews 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 Doctor Michael Castronis of The First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mayor Lynch requested moving Presentation Item 7.A., Resolution No. 37-91, to the beginning of the meeting and read it in it s entirety. 7. A. Resolution No. 37-91. Resolution No. 37-91, naming the mini-park located at the northwest corner of N.E. 7th Street and 5th Avenue "Martha and Monroe Farber Park", is before the Commission for consideration. The caption of Resolution No. 37-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE'CITY OF DELRAY BEACH, FLORIDA, NAMING THE TRIANGULAR PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF N.E. 7TH STREET AND N.E. 5TH AVENUE AS THE "MARTHA AND MONROE FARBER PARK" IN RECOGNITION OF THEIR PAST AND CONTINUING DEDICATED SERVICE TO THE CITY OF DELRAY BEACH AND ITS CITIZENS. (Copy of Resolution No. 37-91 is on file in the official Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 37-91, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; .Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 4. Mr. Mouw moved approval of the agenda including the addendum, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 5. Mayor Lynch requested the last sentence of ll.A.5, Public Comments, be set apart as a separate paragraph. Mr. Randolph moved approval of the Regular Meeting minutes of May 14, 1991, as corrected, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. A. Mayor Lynch presented a proclamation proclaiming June 14, 1991 as "National Flag Day". 7.B. Upon Mayor Lynch's request and as an addition to the Pre- sentations, Kathy Daley, lobbyist for the City, stated the CRA bill which affected Delray Beach, was vetoed by the Governor yesterday. CONSENT AGENDA CITY MANAGER RECOMMENDS APPROVAL The City Attorney stated with regard to 8.D.3, that in addition to awarding the contract for $109,500 there is a possibility that the City needs to waive the usual language with respect to the bond. 8.A. Final Plat Approval/A.R.E. (Tutor Time SAD). The Commission is ~o consider approval of a final boundary plat for A.R.E. located at Davis and Lake Ida Roads. Approval recommended subject to conditions. 8.B. Resolution No. 40-91. Resolution No. 40-91, assessing costs for abatement action required to remove nuisances on 32 properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 40-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. (Copy of Resolution No. 40-91 is on file in the official Resolution Book) -2- 5/28/91 8.C. Resolution No. 42-91. Resolution No. 42-91, vacating and abandoning a 12 foot wide water distribution utility easement and a 12 foot wide sanitary sewer utility easement within the plat for the Delray Beach Mall, is before the Commission for approval. Approval recommended subject to conditions. The caption of Resolution No. 42-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 12 FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT AND A 12 FOOT WIDE SANITARY SEWER UTILITY EASEMENT LYING IN A REPLAT OF DELRAY MALL, AS RECORDED IN PLAT BOOK 58, PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. (Copy of Resolution No. 42-91 is on file in the official Resolution Book) 8.D. Award of Bids and Contracts. 1. Two (2) Activated Carbon Filters - Lift Station 50 Odor Control - Pump and Equipment Co., Inc. in the amount of $15,950 with funding from Water and Sewer Equipment Other (Account No. 441-5161-536-60.89). Account Balance $64,581. 2. Fireworks Display - Fourth of July Celebration - Zambelli, Inc. (Option No. 2) in the amount of $25,000 with funding from Reserves for Fireworks (Account No. 115-0000-248-83.00). 3. Fairway Renovations - Golf Course - Tifton Turf, Inc. in the amount of $109,500 with funding from Decade of Excellence Bond Issue (Account No. 225-4762-572-60.69). 4. Seventy-five (75) Foot Rear Mount Ladder Pumper - Fire Department - Pierce Manufacturing in the amount of $337,820 with funding from Decade of Excellence Bond Issue ($310,000/amount budgeted) (Account No. 225- 2311-522-60.69) and Decade of Excellence Bond Issue Interest Earnings ($27,820) (Account No. 225- 0000-361-10.00). 5. Rehabilitation of 85 Foot Snorkel Truck - Fire Department - Pierce Manufacturing in the amount of $139,938 with funding from Decade of Excellence Bond Issue ($130,000/- amount budgeted) (Account No. 225-2311-522-60.89) and Decade of Excellence Bond Issue Interest Earnings ($9,938) (Account No. 225-0000-361-10.00). 6. Two (2) Vehicles: A. One (1) Ford E-350 One Ton Van - Environmental Services -3- 5/28/91 - Don Reid Ford (state contract) in the amount of $15,766.00 with funding from Water and Sewer Systems (Account No. 441-5141-536-60.84). Account balance $19,172.50. B. One (1) Type B Cargo Van - Police Department - Maroon Chevrolet (state contract) in the amount of $12,375.64 with funding from City Garage Fund Replacement Program (Account No. 501-3312-591-60.84). Account balance $23,502. 7. Medical and Drug Supplies Annual Contract - Fire Department - Various vendors in the estimated amount of $67,000 with funding from Fire/EMS Operating Supplies (Account No. 001-2315-521-35.15). Account balance $40,972 for FY 1990/91. Dr. Alperin moved approval of the Consent Agenda, with the waiver, 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. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period of May 14 through May 27, 1991. Mr. Randolph moved to receive and file the report, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. Request From Old School Square Inc. The Commission is to consider a request from Old School Square, Inc. to use $58,282.54 of City donated funding, allocated for the construction of the 1913 Build- ing, to defray operating costs. City Manager recommends approval. Lawrence Parker, Chairman of the Planning and Zoning Board speaking with regard to Old School Square, explained why there was a long delay with the budgeting time frame. Mr. Mouw moved approval of the transfer of $58,282.54 from the construction to the operating account, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.Co Appointments to The Old School Square Board of Directors. The Commission is to consider ratifying or rejecting the appointments to the Old School Square Board of Directors. -4- 5/28/91 Dr. Alperin moved to support the five nominees, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.D. Revised Agreement Between The City and Palm Beach County School Board. The Commission is to consider a revised agreement with the School Board which removes language which limits the City's liability for the use of the School Board's buses and drivers for the Summer Day Camp programs. Mr. Randolph moved to accept the agreement without the limited language, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. Approval of Administrative Procedures. The Commission is to consider approval of administrative procedures regulating the issuance of County Court Citations (Notice to Appear) for municipal code vio- lations. Lula Butler, Director of Community Improvement, stated what is being looked at more closely is repeat violations. Mr. Mouw moved approval of administrative procedures, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. Amendment to Service Authorization No. 3/CH2M Hill. The Commission is to consider approving an amendment to Service Authoriza- tion No. 3 to the contract between the City and CH2M Hill, in the amount of $25,920 for engineering services necessary to determine the feasibil- ity of establishing an alternate wellfield site within the incorporated City limits. Funding is available in Water and Sewer/8 West Water Supply Wells (Account No. 441-5162-536-60.42). Account balance $65,022.28. City Manager recommends approval. A discussion of the above issue followed. John Walker, Project Coordinator, Planning and Zoning Depart- ment, will work on this issue and the City Manager will report back to the Commission with the findings. 9.G. Removed .F.rom the Agenda. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. FIRST READINGS -5- 5/28/91 12oA. Ordinance No. 43-91. Ordinance No. 43-91, amending .the Land Development Regulations to provide for a height limitation of 35 feet, measured from the average ground elevation of the lot, for single family detached dwelling units less than three stories, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held June 11, 1991. The City Attorney advised the original caption was changed; east of State Road A-1-A is very limited and the grade will be deter- mined upon the land that is immediately outside the building. There cannot be any building beyond the natural dune that exists. The City Manager presented Ordinance No. 43-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4, "BASE DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(J), "HEIGHT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING PARA- GRAPH 4.3.4(J) (2), "BASIS FOR MEASUREMENT", BY REEN- TERING THE STARRED PARAGRAPHS TO (a) and (b), AND ADDING PARAGRAPH (c) TO PROVIDE FOR THE ESTABLISHMENT OF THE GRADE AS THE MEAN ELEVATION OF THE FINISHED SURFACE OF THE GROUND ADJACENT TO THE EXTERIOR WALLS OF THE BUILDING FOR SINGLE FAMILY DETACHED DWELLING UNITS OF LESS THAN THREE STORIES EAST OF STATE ROAD A-l-A; BY AMENDING SUBSECTION 2.3.4(K), "DEVELOPMENT STANDARDS MATRIX - RESIDENTIAL ZONING DISTRICTS", TO PROVIDE FOR A REFERENCE TO THE HEIGHT LIMITATION FOR SINGLE FAMILY DETACHED DWELLING UNITS IN RESIDENTIAL ZONING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. After discussion, the City Attorney reread the caption omitting the words "East of State Road A-l-A". Mr. Mouw moved for the adoption of amended Ordinance No. 43-91 on First Reading, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 42-91. Ordinance No. 42-91, amending the Code of Ordinances by enacting a new subheading, "Pawnbrokers and Secondhand Dealers"' providing a records requirement for Pawnbrokers, which in- cludes obtaining a signature and thumbprint for each person from whom an article is pawned, purchased or delivered; and providing for penalties, is before the Commission for consideration on First Reading. If passed, -6- 5/28/91 Public Hearing will be held June llth, 1991. The City Manager presented Ordinance No. 42-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118, "SOLICI- TORS AND PEDDLERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW SUBHEADING, "PAWNBROKERS AND SECONDHAND DEALERS"; PROVIDING FOR DEFINITIONS; PROVIDING A RECORDS RE- QUIREMENT FOR PAWNBROKERS, WHICH INCLUDES THE REQUIRE- MENT FOR A SIGNATURE AND THUMB PRINT OF EACH PERSON FROM WHOM AN ARTICLE IS PAWNED, PURCHASED OR DELIV- ERED; PROVIDING FOR PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Andrews moved to table Ordinance No. 42-91 for two weeks, and have Chamber of Commerce input, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: MaYor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.A. Ordinance No. 31-90. Ordinance No. 31-90, rezoning property in Block 20, Town of Delray from GC (General Commercial) District and R-1-A (Single Family Dwelling) District to CF (Community Facilities) District to accommodate the proposed relocation of Fire Station No. 1, 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. This Ordinance contains the corrected legal description. Planning and Zoning recommends approval. The City Manager presented Ordinance No. 31-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF BLOCK 20 TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGES 3 AND 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, BETWEEN NORTHWEST 5TH AVENUE AND NORTHWEST 6TH AVENUE; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -7- 5/28/91 (Copy of Ordinance No. 31-90 is on file in the official Ordi- nance 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. Dr. Alperin moved for the adoption of Ordinance No. 31-90, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENT ll.A.1. The City Manager stated that Judge Kendall has looked favorably on the proposed Resolution No. 41-91. ll.A.2. The City Manager stated in response to Deborah Wright's com- ments regarding projects on West Atlantic Avenue, the City is limited due to the fact that West Atlantic Avenue is part of the State Highway system. ll.B.1. Lillian Feldman, 2500 Juniper Drive, questioned when the widening of Homewood Boulevard would be done and also questioned if it would be possible to start a fund to build a new clubhouse at the golf course using the proceeds from the golf course. Mayor Lynch stated if the City continues to profit from the golf course, he has no opposition to fixing the clubhouse to make it a first class facility. ll.B.2. Sid Soloway, 1835 N.W. 13th Street, spoke in favor of retaining Marty Ritchason on the City staff. At this time the Commission returned to the Regular Agenda. 9.H. Resolution No. 41-91. Resolution No. 41-91, establishing the City Commission's policy on ethics which provides that Public Officers, City Employees, and City Board, Commission and Committee members must comply with Florida Statutes Chapter 112, Part III; and, that any interest, direct or indirect, pecuniary or nonpecuniary must be dis- closed, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 41-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, FORMALLY ESTABLISHING ITS POLICY ON ETHICS WHICH PROVIDES FOR COMPLIANCE WITH FLORIDA STAT- UTES CHAPTER 112, PART III AND PROVIDES THAT ANY INTER- EST, DIRECT OR INDIRECT, PECUNIARY OR NONPECUNIARY MUST BE DISCLOSED; PROVIDING THAT IT IS A POLICY OF THE CITY -8- 5/28/91 COMMISSION THAT THE APPEARANCE OF A CONFLICT SHOULD BE AVOIDED; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 41-91 is on file in the official Resolution Book) Dr. Alperin moved for denial, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.I. Change Order No. i/Beach Renourishment En~ineerin~ Contract. The Commission is to consider approval of Change Order No. 1 to the contract between the City and Coastal Planning Engineering, Inc., in the amount of $48,731 for additional engineering services necessary to revise our General Design Memorandum for the beach renourishment project with funding from the Beach Erosion Control fund. City manager re- commends approval. Dr. Alperin moved approval of Change Order No. 1, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 2 vote. 9.J. Appointment of an Alternate Member to the Bp.ard of Adjustment. The Commission is to consider the appointment of an alternate member to the Board of Adjustment to fill the unexpired term of Scott Bechtle which expires August 31, 1991. Seat 2 appointment. Dr. Alperin moved to appoint Marc Shepard as an alternate to the Board of Adjustment, 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. Andrews - Yes. Said motion passed with a 5 to 0 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS 13.A.1. Mr. Andrews stated there is a chartreuse house and office building in Delray which could impact the neighborhoods in a negative fashion. The house is located about three (3) blocks south on the right hand side on Swinton and the office building is between 1st and 2nd Streets on the east side of N.E. 2nd Avenue. 13.A.2. Mr. Andrews directed the City Manager to check into the grass that was being disposed of at the golf course to see if perhaps someone could use it around their premises as opposed to just killing it. 13.A.3. Mr. Randolph questioned if any information has been obtained with regard to the 8th Avenue and 2nd Street intersection. The City Manager stated it is being worked on. 13.A.4. Mr. Randolph stated, with help from the Carver Task Force, a home may be found for the Food Recovery Program. -9- 5/28/91 13.A.5. Mayor Lynch stated he would be willing to again review the boat at Veteran's Park on a test program. He recommended that the City Attorney work out an agreement with the boat owner allowing them to use Veteran's Park for a minimum of one (1) month, possibly three (3) or four (4) months, at which time a judgment determination would be made. The consensus of the Commission was: Mr. Randolph would be willing to give it a try; Mr. Andrews would be willing to give it a test for thirty (30) days but would never support it on the north side; Mr. Mouw had no problem with the agree- ment; and, Dr. Alperin would not support it on the north side. The City Attorney was asked to work out an agreement and bring it before the Commission for the next Special/Workshop Meeting; it will come up for a permanent vote at the meeting of July 23rd. 13.A.6. Mr. Mouw stated the new stores moving into the Delray Market- place seem to be creating an indoor swapshop and questioned how per- mission was given for licensing and how it is operated. David Kovacs, Planning and Zoning Director, stated this will be a mini-mall and will operate as separate retail shops. 13.A.7. Dr. Alperin recommended calling the Advisory Board of SCRWTD to discuss the lift station odor problem and put an end to this concern. The City Manager recommended the City staff respond to the problem as it is the Delray residents that are being affected. Mayor Lynch recommended putting this issue on an SCRWTD Agenda, and giving the new Executive Director a chance to respond. 13.A.8. Dr. Alperin stated he received a memo from the Assistant County Attorney which gave power to the Palm Beach County Planning Council to adopt policies and perform standards to prevent countywide environmental and other land use incompatibilities. This is an attempt to take away or control what is done in the City of Delray Beach. It was the consensus of the Commission to oppose. The City Attorney will draw up a resolution and it will be put on the agenda. 13.A.9. Dr. Alperin commended the City Manager for the excellent work he has done in his one year with the City. There have been tremendous improvements seen in certain City Departments. 13.B.1. The City Attorney stated his new office is just about completed and welcomed the Commission to take a tour of it. 13.B.2. The City Attorney stated that with respect to Ordinance No. 31-90, (the Fire Department) the Travers Property has agreed to accept the City's appraised evaluation of $41,200 in addition to an appraisal fee of $950.00 and attorney's fees of $1600.00. If there is no -10- 5/28/91 objection from the Commission, an agreement will be entered into with those figures. It was the consensus of the Commission for the City Attorney to enter into that agreement. 13.B.3. The City Attorney stated he has a meeting on June 13, in Orlando regarding the Lavers Property and will advise the Commission as to the outcome of that meeting. 13.C.1. The City Manager had no comments or inquiries at this time. Mayor Lynch declared the meeting adjourned at 8:15 P.M. - J- City ~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 May 28, 1991, which minutes were formally approved and adopted by the City Commission on ~/k~ ~ /~/ · -- J~ity ~ler~ - 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. -11- 5/28/91