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06-26-90 AMENDED JUNE 26, 1990 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 6:27 P.M., Tuesday, June 26, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Mary McCarty 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 Reverend Gerald J. Dingham ~f Abbey Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Ms. McCarty requested Item 8.J. be deleted from the agenda. ~s. McCarty also requested that Item 8.B. be removed from the Consent Agenda and be added to the beginning of the Regular Agenda. Mayor Lynch requested Item 8.C. be removed from the Consent Agenda and be added to the beginning of the Regular Agenda. The City Manager requested Item 8.M. be deleted from the Agenda. Ms. McCarty moved approval of the agenda as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Randolph moved approval of the minutes of June 12, 1990, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: A. Mayor Lynch read and presented a proclamation proclaiming the month of July, 1990, as "Recreation and Parks Month", and urged that attention be directed to the many ways in which Parks, Recreation and Civic Groups, Public Schools, Private Organizations and other agencies may expand recreation facilities and programs so every citizen will have the opportunity to develop meaningful and satisfying leisure activities. Joe Weldon, Director of Parks and Recreation, came forward to accept the proclamation and informed the public of the programs that are being sponsored by the Delray Beach Parks & Recreation Department. 7. Presentations. A. Service Awards Presentation to Commissioner McCarty and Commissioner Andrews in recognition of the many hours spent in City service. Mayor Lynch presented Mr. Andrews and Ms. McCarty with a Service Award in recognition of their valued service to the City of Delray Beach. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Addendum To Tennis Professional Contract. The Commission is to consider approval of an addendum to the Tennis Professional contract extending the original agreement an additional year (September 30, 1990 to September 30, 1991). Approval is recommended. 8.D. Request For Final Payment. The Commission is to consider a request for final payment from Palm Beach County for utility construc- tion and conflict structure relocation in the amount of $126,428 with funding from Congress Avenue Utility Relocation (Account No. 441-5162- 536-60.60) and authorize a transfer of $13,593 from 1984 Water and Sewer Bond Interest Income (Account No. 441-0000-361-39.00) to Congress Avenue Utility Relocation (Account No. 441-5162-536-60.60 to cover this pro- ject. Approval is recommended. 8E. Request From American Cancer Society. The Commission is to consider a request from the American Cancer Society to distribute free sunscreen products at Atlantic Dunes, Anchor Park and the Municipal Beach to promote "Sun Safety at Public Beaches" on July 14, 1990 from 11:00 A.M. to 2:00 P.M. Approval is recommended. 8.F. Request For Approval of Sidewalk Sale. The Commission is to consider a request from the Atlantic Avenue Association to hold a sidewalk sale on Monday, July 2, 1990 and Tuesday, July 3, 1990. Approval is recommended. 8.G. Resolution No. 60-90. Resolution No. 60-90, assessing costs for abatement action required to demolish an unsafe structure at 309 N.W. 1st Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 60-90 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 -2- 6/26/90 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. 60-90 is on file in the official Resolution Book) 8.H. Resolution No. 61-90. Resolution No. 61-90, assessing costs for abatement action required to board up an unsafe structure at 109 S.W. 7th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 61-90 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 ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, 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. 61-90 is on file in the official Resolution Book) 8I. Resolution No. 62-90. Resolution No. 62-90, assessing costs f~'r abatement action required to remove nuisances on nine properties throughout the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 62-90 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 NUISANCE; 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. 62-90 is on file in the official Resolution Book) 8.J. Resolution No. 64-90. This item has been removed from the agenda. -3- 6/26/90 8.K. Resolution No. 66-90. Resolution No. 66-90, supporting the Thirteenth Annual "Roots Cultural Festival" to be held July 22, 1990 through August 12, 1990 at the Pompey Park Recreational Complex, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 66-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR EFFORTS TO SPONSOR THE THIRTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 66-90 is on file in the official Resolution Book) 8.L. Award of Bids and Contracts. 1. Mobile Breathing Air Compressor - Fire Department - United Compressor in the amount of $27,600.40 with funding from Fire Ambulance and Rescue Service, Equip- ment Other (Account No. 001-2315-526-60.89). Approval is recommended. 2. Irrigation - North Congress Avenue between Lake Ida Road and the C-30 Canal - SJS Enterprises d/b/a Triple A Irrigation in the amount of $35,900 with funding from 1987 Utility Tax - Congress Avenue/Lake Ida (Account No. 333-4141-572-61.28). Approval is recommended. 3. One (1) Tractor-Parks and Recreations - Case Power and Equipment in the amount of $10,735 (state contract) with funding from Parks and Recreation, Equipment Other (Account No. 001-4131-572-60.89). Approval is recommend- ed. 4. Parking Lot-Public Utilities-Smith Brothers Contracting Equipment, Inc., in the amount of $29,836.20 with funding from Water and Sewer Fund (Account No. 441-516153660.31). Approval is recommended. 5. Resolution 63-90. Resolution No. 63-90, awarding Sun Bank the contract to provide an $8,000,000 Line of Credit with interest fixed at 7.86% and an up front fee of $1,000. Proceeds to be used as interim financing for the proposed 1990 Water and Sewer Bond Issue, is before the Commission for consideration. The caption of Resolution No. 63-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF THE NOT EXCEEDING $8,000,000 PRINCIPAL AMOUNT WATER AND SEWER REVENUE BOND ANTICIPATION NOTE, SERIES 1990A, OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO A LINE OF CREDIT MADE AVAILABLE THROUGH SUN BANK/SOUTH FLORIDA, NATIONAL ASSOCIATION, FOR THE PURPOSE OF PROVIDING SHORT TERM -4- 6/26/90 FINANCING FOR THE COST OF DESIGN, ENGINEERING AND CON- STRUCTION OF VARIOUS WATER AND SEWER CAPITAL IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS AND PAYMENT OF SAID WATER AND SEWER REVENUE BOND ANTICIPATION NOTE, SERIES 1990A, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID WATER AND SEWER REVENUE BOND ANTICIPATION NOTE, SERIES 1990A; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID NOTE; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 63-90 is on file in the official Resolution Book) 8.M. Request From American Partnership Council. This item has been removed from the agenda. Ms. McCarty moved approval of the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 8.B. Contract Modification - Police Computers. The Commission is to consider a request for modification of contract from A.L. Roark which extends the completion time for installation and training for the Police Department Computer system. Approval is recommended. Ms. McCarty Stated the City Attorney's office advised there would be no change in the contract price, but because a piece of soft- ware was bought elsewhere there is a $1,100 difference from the original contract. She questioned if this would reflect a higher price than the original contract. Tina Lunsford, Delray Police Department, stated the $1,100 will be used towards the conversion of the existing units. The contract price will remain the same; they will just be receiving another service. In reply to Ms. McCarty, Richard Zuccaro, Director of M.I.S., stated there would be a 10% increase in maintenance, after the two year contract, which they have in writing. In reply to Ms. McCarty, Mr. Zuccaro stated they had originally anticipated completion around August, 1990, but they are now anticipat- ing another 120 days after then. Ms. McCarty stated this contract has a time period on it and has to be paid whether it's completed or not. She stated there are some tasks that have to be completed by our staff in order for this contract to be valid, and she questioned who is doing those tasks, are they being recorded, and if there is a delay will somebody be monitoring them. -5- 6/26/90 Upon question by Ms. McCarty, Mr. Zuccaro stated Tina Lunsford is monitoring this project and they are on schedule with the tasks. The payment schedule was divided into completion of tasks and so far only 20% has been paid. As each item is completed by the vendor, payment is then made. The 120 days is for the vendor to respond, but there was a delay in getting an agreement signed and in getting a window where he could meet to work on it after it was signed. This put a lot more work up front than had been anticipated. Ms. McCarty moved approval of the contract modification, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 8.C. Authorization No. 17. The Commission is to consider approval of Authorization No. 17 to the contract between the City and Post, Buckley, Schuh and Jernigan for survey, design, permitting, bidding, engineering, and resident services for the Southeastern and Related Transmission Mains project in the amount of $118,764. Funding is available in Contributions - Transmission Fees (Account No. 441-0000- 253-12.00). Approval is recommended. Mayor Lynch stated the Engineering Department was expected to do this work, but based on time constraints they were unable to do it. Hopefully more and more of the work can be done inside instead of subbing it out, and if it is subbed out there is a need for $118,00. The money is available, but if they are holding close to the budget there shouldn't be $118,00 left over that can be moved from one department to the other. In reply to Mayor Lynch, Bill Greenwood, Director Public Utilities responded by stating the original concept was for the City Engineers to design the project. Because of their workload, staffing, and the departure of Mr. Castle, this project could not be done in house. A proposal was received from the City's consulting firm, Post, Buckley, Schuh and Jernigan. This project is to be funded from trans- mission and storage fees which are essentially impact fees and are in accordance with the master plan. The master plan was set up to rein- force the City's system, the funding was set up to be placed on each residential and commercial unit based on equivalent domestic units. The fund presently has approximately $2,000,000 in it and is allocated to build the Southeast Transmission main which is a 24" main running approximately 2 1/2 miles down to Miller Park. At Miller Park a new 1 1/2 million gallon tank and booster station will be erected. That project will be ready to go to bid in approximately two weeks. The two million will take care of both projects. In response to Mayor Lynch's inquiry as to the status of hiring a new City Engineer, the City Manager stated the ads for a City Engineer will be going out in July and it will be September before an Engineer comes on board. Mayor Lynch stated he is opposed to subbing out; it was ex- pected to be done in house and it seems like a lot to be going outside. With as many employess as the City has, hopefully there can be a way to -6- 6/26/90 do the work inside. Mayor Lynch stated he will support this, but wants more done in house for the future. Ms. McCarty moved approval of Authorization No. 17, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.A. Golf Course License Termination Agreement. The Commission is to consider a termination agreement for the termination of the golf course license. The City Manager advised there have been a number of changes in the agreement. The primary ones are a reduction in the interest rate from 9% to 8 1/2% and changes in the provisions regarding sales tax to clearly state that any sales tax liability will be borne by the licensee. The termination amount has been reduced by $5,000, from $55,000 to $50,000. There have been a number of changes made in the installment sales agreement, mostly of a technical nature, but there are some business issues that Commission needs to address, which the City Attorney will raise. One of the main things done was the changing of the Security and Installment Agreement so that if the City were to accept this it will be called a "Covenant to Appropriate", merely stating that money will be appropriated each year to make the necessary payments to pay it off. All of the above do not make a large change in the bottom line. If the City were to enter into an agreement such as this, and terminate the License Agreement over the remaining five years, or with the ensuing five years, the City is projected to receive about $350,000 more than if the present arrangement is continued. Mr. Goldstein, from the outset, has been anxious to conclude this matter. The City Attorney feels the closing date should be delayed; however, in conversation with the people interested in operating the golf course, on the City's behalf, they have insured their availability for the July 1st date. The City Attorney advised the agreement is legally sufficient, except that which states the City's acknowledgment of Delray Golf, Inc. purchasing the tractors on behalf of the City, acting as the City's agent. This is not the understanding of the transaction, and in review of the case law and the Attorney General's opinion, an indication of tax exemption cannot be passed on by way of agency, there has to be a direct purchase made. It was contemplated and discussed that the City would actually purchase the tractors and then enter into a revision of the agreement, therefore this should be deleted as it is contrary to the facts of the situation. Delray Golf, Inc. would be responsible for any and all taxes that are determined to be due. Since there still appears to be a question on whether or not the sales tax was due on the tractors and the license payments themselves, the suggestion is for the parties to jointly go to the Department of Revenue and ask for an opinion on this, and escrow enough monies from the closing in the event of a determination by the Department of Revenue stating that they are due. The City Attorney further stated that July 1st, the effective date of this contract, is not sufficient time. There could be somebody in place to manage the golf course on an emergency basis, but there are also issues as to whether or not the restaurant manager is going to -7- 6/26/90 consent to this agreement. There is question as to whether or not these items have been resolved at this point in time. Fifteen to thirty days extension would be a good time frame in order to insure an orderly transition. The Commission is to assume certain contracts, primary among them are the Restaurant Management Agreement and the Golf Pro Agreement. Both the City Manager and the City Attorney are in agreement to renego- tiate those two contracts, but there is insufficient time to do that. The Commission should be aware that they have certain responsibilities and obligations. It appears that the rent that would be collected from the Restaurant Manager would be $1,500 per month until such time as substantial improvements, to the tune of $400,000, were made to the clubhouse itself. This is a lesser amount that was previously collected under prior license agreements. The $400,000 comes from the amount that was allocated in the Decade of Excellence Bond Issue. Those monies have not been specifically appropriated for golf course or clubhouse improve- ments. They are designated for the golf course as a totality, but the Commission has not addressed the issue of renovation. Rent would be tied down until such time as those improvements are made. The agreement between the City and Delray Golf is going to extinguish in its entirety, which means the covenants related to the indemnification are not going to survive the agreement. There should be an attempt to get an indemni- fication from Mr. Goldstein, personally, for that time period in which Delray Golf, Inc. was responsible for the course. If there should be a lawsuit, Delray Golf, Inc. should be responsible. Delray Golf's function as a corporation was to run this golf course. There is no prepayment provision in the Installment Sale Agreement and there is the ability to transfer the note without the City's consent. Under the law, there has not been adequate disclosure. Mr. Goldstein is aware of everything, but a subsequent purchaser may not be. There is language in the note indicating all of the state and federal laws applicable to the transfer would be done; the only way to insure that it is done is if there is control or ongoing interest in the transferability of the note. The default provision in the note could cause an acceleration of the note in it's totality. It was the consensus of the Commission to: 1. Delete Paragraph 9A; 2. Paragraph 9B would go to the Department of Revenue to be resolved, by escrowing money at the closing to cover any potential liability, and as soon as the Department of Revenue makes a decision, the monies will either be forwarded to the Department of Revenue or Mr. Goldstein; 3. The date for closing would be July 16, or earlier if possible; 4. Have a right of prepayment on the installment agreement with no transfer of funds without the permission of the City Commission; and, -8- 6/26/90 5. The acceleration provision be put in written notice or deleted. Vi Hinchliffe, Delray Beach resident, commented she was very anxious for the City to take over the Golf Course and is in hope that all dealings can be fair and honest. Bernard Plotkin, resident, commented he feels the proposal submitted was not fair or reasonable. Mr. Randolph moved approval of the agreement subject to the consensus direction given by the City Commission, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS - 7:00 P.M. At this point, the time being 7:30 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. As there were no Public Hearings the public hearing segment was closed. Comments and Inquiries on Non-Agenda Items from the Public. ll.A.1. A1 McCauley, co-owner of National Fire Wholesale, requested the City Commission amend their rules and encourage the public display of the flag at appropriate times. ll.A.2. John Prescott, owner of Shell Station - Atlantic and Congress Avenue, stated that patriotism shown on the Fourth of July should have no restrictions put on it; he felt it should be encouraged. ll.A.3. Jack Frieder, 1425 S.W. 27th Avenue, questioned why $4,700 needs to be spent for a traffic study on Lowson Blvd. He feels the study is unreasonable. ll.A.4. Bill Hunter, resident, commented the City's flag ordinance is sound for the day to day running of the City; however, it should be amended for individual expression and for private property rights during the holiday season. Mayor Lynch requested the CAB and Code Enforcement Board to look into this from a standpoint of revising the ordinance with some concessions. Ms. McCarty questioned if the citations can be put on hold. Mayor Lynch felt that it would be reasonable to suspend these citations until the City Commission can look into it. ll.A.5. Pete Stumberger, Department Officer, Veterans of Foreign Wars, commented people should know right from wrong and should use the red, white and blue colors in the proper manner. -9- 6/26/90 ll.A.6. Arthur Jackal, resident, stated he trusts the City Commission will take into consideration his letter which regards some proposals for City Charter changes. ll.A.7. Tom Haenlon, 613 N.E. 4th Street, commented each person should march to his own drummer. FIRST READINGS 12.A. Ordinance No. 20-90. Ordinance No. 20-90, amending Ordinance No. 38-84 pertaining to The Gulfstream Building located at the northwest corner of N.E. 8th Street and Andrews Avenue to provide for a modified list of conditional uses to be permitted under S.A.D. (Special Activi- ties District), is before the Commission for consideration on First Reading. If passed Public Hearing will be held July 10, 1990. The City Manager presented Ordinance No. 20-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 38-84, PERTAINING TO A 1.39 ACRE PARCEL OF LAND (COMMONLY REFERRED TO AS THE GULFSTREAM BUILDING:, PRESENTLY ZONED TO THE SAD "SPECIAL ACTIVITIES; DISTRICT AND LOCATED AT THE NORTHWEST CORNER OF N.E. 8TH STREET AND ANDREWS AVENUE, SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BY REPEALING SECTION 2 (a) OF ORDINANCE NO. 38-84 IN ITS ENTIRETY AND ENACTING A NEW SECTION 2 (a) OF ORDINANCE NO. 38-84 TO PROVIDE FOR A MODIFIED LIST OF CONDITIONAL USES TO BE PERMITTED THEREUNDER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Bob Chapin, resident representing the residents of Waterway North, stated he is ultimately opposed to the rezoning of this property to commercial use. With the exception of very limited use that was permitted in the SAD Ordinance back in 1984 and a small real estate office, there are no commercial uses on N.E. 8th Street, east of the Intracoastal. To allow a more intensive use of this property and a more intensive use along N.E. 8th Street is going to cause problems for those who live and work there. It is a real threat to their lifestyle on N.E. 8th Street, also known as George Bush Boulevard. No one has made any pretense that the proposed rezoning to LC has met any of the standards that were required for review by this Commission, so his feeling is that it should be voted down and the Commission, if they choose, should come back with some other arrangement. What has been presented is absolutely absolutely a commercial use and a retail use in a residential neighbor- hood which it totally wrong and it is opposed vehemently. Elizabeth Matthews, 1024 White Drive, stated the Commission has before them a proposal to do a SAD with about 50 different uses. SAD's used to be for a specific use and for a specific site for the reason it has always been to insure the neighborhood of what will be there. There is actually almost all uses in the LC zone. Those uses are being asked -10- 6/26/90 for now as a SAD which is basically LC, but not calling it an SAD. After the Planning and Zoning hearing where they talked about the LC they found out it had been amended to a SAD hearing. Since the Planning & Zoning hearing it has again been amended to request for a POC. Kathy Stokes, 1220 Southways, requested the Commission adopt the Planning and Zoning recommendation, leaving the SAD the way it is. On June 14th this was amended and it became a SAD with a list of commer- cial and retail uses and ten different categories of conditional uses. She feels this needs to be considered by more than the Commission; the City Attorney's office, the Planning & Zoning staff and the Homeowner's Associations should all look at this and be very concerned because that is the zoning request. David Kovacs, Planning Director, stated the position that has been taken by the City is that when they are going through the process a petition can be amended at public meetings to more restrictive classifi- cations. There was not a change to a completely different classifi- cation, it was a petition for LC, which was then amended by taking the LC uses and diminishing that list. It was not the introduction of new uses, rather placing limitations upon the LC. The applicant requested amending the petition so that they wouldn't have the complete use of LC's; they will stay with the SAD zoning that is there and make it more restrictive. This is a process that has been done before, and it is a process that many times the City Commission imposes or negotiates at their level. Upon question by Mayor Lynch, the City Attorney advised it has been the office's consistent position that if talking about moving to a more restrictive zoning classification the notice does not need to be amended. Mr. Andrews stated the property owners fail to realize that this property is no longer viable as a commercial building. It is on a site which should have been retrofitted to residential. He stated it should be rezoned back to residential and redeveloped accordingly. He would like to refer this site back to Planning & Zoning in order to give Commission a recommendation regarding a residential zoning on the property. Bob Chapin stated when the notice goes to the Planning & Zoning Board, residents within 500 feet are notified. He feels it would be a courtesy for all who express themselves at the Planning & Zoning Board to be notified when the matter will be before the City Commission. Dr. Alperin stated at the conclusion of each item addressed at the Planning & Zoning meeting the residents are notified, at that time, when it will be addressed before the Commission. Ms. McCarty moved for denial of Ordinance No. 20-90, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 21-90. Ordinance No. 21-90, amending the Code of Ordinances enacting a new chapter "Stormwater" to provide for the -11- 6/26/90 creation and establishment of a City-wide Stormwater management system, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 10, 1990. The City Manager presented Ordinance No. 21-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5 "PUBLIC WORKS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW CHAPTER 56 ENTITLED "STORMWATER," MAKING CERTAIN FINDINGS AND DETERMINA- TIONS; PROVIDING FOR THE CREATION AND ESTABLISHMENT OF A CITY-WIDE STORMWATER MANAGEMENT SYSTEM; AUTHORIZING THE COMBINING OF ALL STORMWATER FACILITIES PRESENTLY OWNED BY THE CITY OF DELRAY BEACH INTO SUCH UNIFIED STORMWATER MANAGEMENT SYSTEM; PROVIDING A FUNDING MECHANISM FOR FINANCING AND REFINANCING ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE STORMWATER MANAGE- MENT SYSTEM AS WELL AS THE COSTS OF OPERATION AND MAINTENANCE THEREOF; IMPOSING A STORMWATER MANAGEMENT ASSESSMENT ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH IN RELATION TO THE BENEFIT DERIVED FROM THE OPERATION, MAINTENANCE, IMPROVEMENT AND EXPANSION OF SUCH SYSTEM; PROVIDING FOR THE ESTABLISHMENT OF SUCH STORMWATER MANAGEMENT ASSESSMENTS BY RESOLUTION; PROVIDING FOR PENALTIES AND LIENS; ESTABLISHING AN INTERIM AND PERMANENT METHOD FOR THE COLLECTION OF THE STORMWATER MANAGEMENT ASSESSMENTS; PROVIDING A PROCE- DURE FOR ADJUSTMENT OF THE STORMWATER MANAGEMENT ASSESSMENTS; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO ADMINISTER THE STORMWATER MANAGE- MENT SYSTEM; AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO FINANCE AND REFINANCE THE ACQUISITION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE STORMWATER MANAGE- MENT SYSTEM; PROVIDING FOR THE TERMS OF PAYMENT OF SUCH BONDS; CREATING AND ESTABLISHING A STORMWATER MANAGEMENT ENTERPRISE FUND; SETTING FORTH CERTAIN DEFINITIONS; PROVIDING A REPEALER AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager advised the ordinance would apply to all public and private property. The City will be paying as well as other public and private property owners. Ms. McCarty moved for the adoption of Ordinance No. 21-90 on first reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.C. Ordinance No. 22-90. Ordinance No. 22-90, amending Chapter ~50, "Building Regulations" of the Code of Ordinances to provide a fee schedule for change of contractor; failure to call for final inspection; revised plan review; and providing for conditional certificates of -12- 6/26/90 occupancy, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 10, 1990. The City Manager presented Ordinance No. 22-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 150, "BUILDING REGULATIONS" SECTION 150.016, "AMENDMENTS AND ADDITIONS TO CODE", BY AMENDING SECTION 107.4, "SCHEDULE OF PERMIT FEES"; BY REPEALING SUBSECTION 107.4.1.IV, "PERMIT FEES FOR LONG-TERM PERMITTING", AND ENACTING A NEW SUBSECTION 107.4.1.IV, "CHANGE OF CONTRACTOR", TO PROVIDE A FEE FOR A CHANGE OF CONTRACTOR AND ENACTING A NEW SUB- SECTION 107.4.1.V, "FAILURE TO CALL FOR FINAL INSPEC- TION''; TO PROVIDE FOR A FEE FOR FAILURE TO CALL FOR A FINAL INSPECTION; BY AMENDING SUBSECTION 107.4.1, SUBSECTION VIII, "PLAN-CHECKING FEES," TO PROVIDE THAT THERE SHALL BE A CHARGE FOR REVISED PLANS; BY AMENDING SUBSECTION 107.4.1.IX, "CERTIFICATE OF OCCUPANCY", TO PROVIDE FOR THE ISSUANCE OF CONDITIONAL CERTIFICATES OF OCCUPANCY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 22-90 on first reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.B. Request From Delray Golf, Inc. The Commission is to consider a request from Delray Golf, Inc. to rearrange the priority schedule for capital improvements. Approval is recommended. The City Manager advised that the operator of the Golf Course has made a number of capital improvements and has been on the premises for some time. In reviewing the needs for capital improvement they have identified some new items they feel are needed and they have also suggested some changes in priorities. The staff has reviewed the list and concurs in the list and recommends approval. Ms. McCarty moved approval for the request from Delray Golf to arrange the priority schedule as itemized in the backup material, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. Site Plan Approval. The Commission is to consider a site plan approval for Delray Town Center, Phase II, a proposed 71,990 square foot retail shopping center, located north of Linton Boulevard approximately -13- 6~26/90 630 feet east of Military Trail. No Planning and Zoning recommendation (3-3 vote). At this time Mayor Lynch stepped down and Vice-Mayor McCarty took the chair. David Kovacs presented the changes in the staff report to the City Commission. Any action of approval should include the following conditions: 1. That a five foot (minimum) perimeter landscape strip along the west property line and adjacent to the entire entry way from Linton Boulevard be provided and further that this landscaping match, as near as possible, the currently approved landscape area on the west side of the entry. 2. That if the landscaping along the north wall is not provided ro as described in the agreement between the owner and Lakeview Golf Course, the landscape strip adjacent to the north perime- ter wall be increased to a minimum of six feet six inches (6'6") to accommodate the buffer treatment shown on the land- scape plan. 3. That the parking situation resolved through a determination that the center is to function as a whole and that there be legal, recorded documents which provide for the perpetual right of joint access and use of all parking spaces by all tenants of either parcel. 4. That either Parcel 2 be replatted or the previously approved, but not recorded plat, be modified to depict new easements and the provision of cross access rights. With such a plat submit- tal, final engineering plans for this Phase II must be provid- ed. 5. That a revised site and landscape plan be provided and that it accommodate the items noted under the Technical Review Section of the Planning and Zoning Board staff report with following modifications: * that accommodation for security to Shadywoods through the use of fencing, but in a manner other than shown on the submitted site plan, be accommodated * that the wall along the west side of the lake taper to a height of four feet (4') * that the wall along the north property line and that portion which is within the rear yard setback be at a height of six feet (6') 6. That revised engineering plans which address the items noted under Engineering and Utility items of the Technical Review Section of the P & Z staff report be provided. 7. That this approval shall be valid until such time that -14- 6/26/90 Amendment 90-1 to the Comprehensive Plan is adopted by the City commission. At such time, if Phase II development is not established pursuant to 173.868(A), this approval shall become void. For purposes of determining "the total cost of all improvements" to be used to calculate establishment of use, only those improvements which are associated with Phase II development and which are not in any way associated with Phase I shall be used. Any action of approval shall also include the following items: A. That Administrative Relief is granted to accommodate 67 parking spaces as "compact spaces"; and, B. That a waiver is granted from Section 159.30 with respect to the required five foot (5') landscape strip along the west property line, north of the stores. Mr. Basehart stated they are complying with, and in agreement with, most of the items recommended by the staff of the Planning Board. A revised plan has been submitted which gives the additional land- scaping. The issue on the longevity of the plan is totally in agreement with the proposed changes, granting an 18 month status to the approval of the site plan. This is an overall unified shopping center which merits the parking calculations and should be treated as one. It is clear from the design of the center and it's proposed operation that it would be a unified single center. There is a reciprocal agreement between the owners that requires cooperative tenant control, overall combined tenant rules, regulations and maintenance. The only issue having anything to do with the impact on the approval was the parking calculation and that was based on whether they chose to treat it as a combined center or a single one. In reply to Mr. Andrews, Mr. Basehart stated whether it has one or more owners, it is still functioning as a single shopping center. The reciprocal agreements that are recorded run with the land and if somebody else other than Schmeier and Feurring bought it those require- ments would still be in place. It is very common in shopping develop- ments that units are bays and stores, and buildings are sold as condo- miniums or just the land under the building. What is important is the way the center looks and functions. It is a single center from all those points of views. David Kovacs stated the condition is that there be the cross access easements and the reciprocal right to use the land and the parking spaces. This is a matter of public record and is on the plat so that there can be no exclusivity. Mr. Basehart stated the outbuilding in this case should be acceptable. It doesn't interfere with the flow or the function of the site, nor does it visibly block any tenants in the main building. It is architecturally integrated into the overall plan. Those plans were submitted and approved by the Community Appearance Board. An out- building can visually enhance the streetscape. Rather than having all of your parking lined up along the roadway, it breaks up the streetscape and allows for the introduction of extra landscaping areas in and around -15- 6/26/90 the parking lot. The outbuilding has no curb cuts and is integrated into the interior design of the center which will not directly access Linton Boulevard. The outbuilding would have the function of providing additional noise screening from the traffic on Linton Boulevard. Steve Rubin, President of Shadywoods, stated an agreement has been reached with the developer of this parcel. One condition that remains to be satisfied; however, is that the developer has agreed to ask the Commission to adopt a motion incorporating the Restrictive Covenants they have agreed upon (Section 2A - J). The reason for this is that there is a mortgage on the property and the Declaration of Restrictive Covenants had been recorded after that mortgage. The developer is in the process of obtaining a subordination clause and a consent and joinder to the Declaration. If that is not obtained and the mortgage is foreclosed, they could wipe out the Declaration. The developer has agreed if they have not obtained a subordination clause by this date, they would ask the City Commission to voluntarily incorporate one into the site plan. The Shadywoods Association is in favor of the Commission approving the site plan. Mr. Andrews moved approval of the site plan, including sections 2A-J of the Restrictive Covenant Agreement between the Shadywoods Homeowners Association and the developer, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice Mayor McCarty - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 3-1 vote. David Kovacs recommended the vesting be a formal motion so as to prevent confusion. The draft of the supplemental information is that when Amendment 90-1 is before the Commission, an additional modification be proposed which adds to A-5.2 of the Capital Improvement Element just before the final sentence to wit: Any Conditional Use or Site Plan which was approved and remained valid but becomes impacted by an amend- ment to the future land use map, and/or a rezoning action, shall remain valid for the remainder of the approved time limitation. Mr. Andrews moved approval of the vesting, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch returned to the Commission Chambers at this time. 9.D. Site Plan Approval. The Commission is to consider approving a request for site plan approval for Plaza Raffezella, a proposed mixed use (restaurant, retail, and residential development) to be located on the east side of North Federal Highway between Royal Palm Boulevard and Canary Avenue. Ms. McCarty moved approval of the site plan for Plaza Raffezella, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -16- 6/26/90 9.E. Final Plat Approval - Linton Center (Target). This item has been removed from the agenda. 9.F. Conditional Use Approval. The Commission is to consider approving a conditional use request for a proposed fraternal lodge (Lodge of Noah's Ark, Inc.) to be located on the west side of S.E. 2nd Avenue between S.E. 3rd and S.E. 4th Streets. The Planning & Zoning Board recommends approval, subject to the following conditions: A. No barriers shall be installed or erected on or by the property which would prohibit access to public right-of-way. B. That if the F.E.C. Railroad erects an obstruction along the rear property line, the use shall terminate. C. That the Lodge shall conduct meetings only after 5:00 P.M. D. That a variance be obtained from the Board of Adjustment to waive the requirement per Code Section 173.771 (A) (1). Mr. Andrews moved approval of the Conditional Use, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.G. Settlement Offer. The Commission is to consider a settlement offer in the amount of $10,000 from Irene Montalban to settle pending litigation regarding an alleged sexual harassment claim. Outside counsel recommends acceptance to offer. Ms. McCarty moved denial of the settlement offer, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.H. Request From Roots Cultural Festival, Inc. The Commission is to consider a request from the Roots Cultural Festival, Inc. for Commis- sion support to include a financial donation, use of facilities, waiver of fees, and a temporary tent permit. Approval is recommended. Mayor Lynch advised the members of the Roots Festival Committee that this year, instead of paying half, they may have to pay their own fees for the Police Department, Park and Recreation people and Public Works Department. Elizabeth Wesley, 309 Lincoln Lane, organizer of the Roots Cultural Festival, stated the Festival depends solely on Community contributions with the exception of the support received from the City. If they had to pay overtime it would greatly impact the quality of the Festival. In reply to Ms. McCarty, Tom Stevens, 902 S.W. llth Avenue, stated Waste Management donates three dumpsters, which is the primary donation they receive. -17- 6/26/90 Ms. McCarty stated the barricades can be donated and would decrease the charge by $450.00. If there is any problem with that, a Commission member would be happy to help. Pepsi Cola stated they would help special events in the City and that may be another company to be approached. Mayor Lynch stated they wished to set a prececedent that if the Roots Festival can afford to have the type of Festival they are plann- ing, and will not be able to pay back one-half, or have the charges waived, then the City will pay it this year with the understanding that next year it has to be straightened out. Ms. McCarty moved for approval of the request from the Roots Festival, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.I. Approval of Blanket Contract Between the City and CH2M Hill. The Commission is to consider approving a blanket agreement with CH2M Hill for professional engineering and architectural services regarding capital projects including the Water Treatment Plant Lime Softening conversion, Water Distribution System Expansion, Water Supply System Expansion, Industrial Pretreatment Program, and other related Public Utilities projects requiring general consulting and engineering services on an as need basis. Approval is recommended. Ms. McCarty moved approval of the Blanket Contract, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch requested the City Attorney change Page 9, Item #2 which talks about public liability, as it is duplicated by discussion in Item #4. 9.J. Service Authorization No. 1. The Commission is to consider approval of Service Authorization No. 1 in the amount of $58,150 for the concept design study which is the first phase of the conversion of the City's existing water treatment plant from a conventional clarification process to a softening process. Funding is available in the 1990 Water and Sewer Revenue Bond Issue (interim financing from $8,000,000 Line of Credit. Approval is recommended. At this time Ms. McCarty left the Commission Chambers. Mr. Andrews moved approval of Service authorization No. 1, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.K. Service Authorization No. 2. The Commission is to consider approval of Service Authorization No. 2 in the amount of $29,500 for remedial hurricane protection improvements for the Water Treatment Plant conversion. Funding is available in the 1990 Water and Sewer Revenue -18- 6/26/90 Bond Issue (interim financing from $8,000,000 Line of Credit. Approval is recommended. At this time Ms. McCarty returned to the Commission Chambers. Bill Greenwood, Director of Public Utilities, stated the entire front of the Water Treatment Plant is made up of fiber glass panels. The request of this contract is a structural analysis of those panels. He stated they are not safe in hurricane conditions, the panels should be removed, the entire front of the building redesigned and a structural concrete block wall installed. This pertains to the front of the water treatment plant and the chemical building. On the north side of the plant there is a wooden partition erected several years ago. Structural analysis again indicates reinforced concrete should be installed there also. Mayor Lynch stated they would like the City Manager's recommen- dation after discussion with Mr. Greenwood. The City Manager stated he would review it with staff to determine if it needs to come back for further consideration. 9.L. Amendment to Old School Square Management Agreement. The Commission is to consider approval of an amendment to the Management Agreement between the City and Old School Square which provides for commission ratification of Old School Square "electees" and ratification of program changes. Approval is recommended. Ms. McCarty moved approval of Amendment to Old School Square as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Upon question by Mayor Lynch, Sandy Simon, Chairman of the Finance, Budget and Personnel Committee of Old School Square, advised they, not the Commission, would be responsible for liability as stated in the lease agreement. That agreement was approved by the City Commission in March. The item which is now before the Commission is an amendment for changing the word "nominated" to read "elected". Mayor Lynch requested the City Attorney amend the contract by adding, on Page 8, Item C, that "an annual financial report, audited by a CPA, is required unless waived by the City Commission". 9.M. Waiver of Bid Irregularity and Award of Bid. The Commission is to consider waiving a late submittal of signature page and award bid for landscaping of North Congress Avenue between Lake Ida Road and the C-30 Canal to Siga Inc. in the amount of $71,331.43 with funding from 1987 Utility Tax - Congress Avenue/Lake Ida (Account No. 333-4141-572-61.28) Approval is recommended. Mr. Randolph moved approval of the waiver of Bid irregularity, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -19- 6/26/90 9.N. Acceptance of Easement Deed and Release of Escrow. The Commis- sion is to consider acceptance of an utility easement and release escrow in the amount of $7,500 for the Turner property. Approval is recommend- ed. Ms. McCarty moved approval of release of escrow and acceptance of Easement Deed, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.0. Authorization to Seek Funding. The Commission is to consider authorizing the Historic Preservation Board to seek additional grant funding and accompanying matching funds for Design Guidelines Manual project. Approval is recommended. David Kovacs stated there is $4,500 available in the fund, and the Historic Preservation Board has recommended the City compete for $4,500 matching funds. They were unable to negotiate a project for lack of the dollars necessary for the professional services. The proposal was restructured and they are interviewing two people which will bring the proposal at a lesser price than the negotiations had been. Upon question by Mayor Lynch, David Kovacs stated if the City doesn't get the grant, there will be no match. Ms. McCarty moved approval of the authorization to seek fund- ing, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 9.P. Authorization to Initiate Rezoning. The Commission is to consider authorizing staff to initiate rezoning, to CF (Community Facilities) District, property selected as the site for the relocation of Fire Station No. 1, located between N.W. 5th and N.W. 6th Avenues. Approval is recommended. Mayor Lynch advised this is just the initiation of the rezon- ing, it doesn't rezone it until it has gone through the formal process. Ms. McCarty moved approval, with the time schedule implied, the authorization to initiate rezoning, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. David Kovacs stated, for clarification, they had two schedules for processing. The dates are: 1. July 16th - Public Hearing, Planning & Zoning, 2. July 24th - First Reading, and 3. August 14th - Second Reading and Public Hearing. -20- 6/26/90 This gives staff enough time to do the administrative work. Mayor Lynch directed David Kovacs to include, on his mailing list, the CRA and the West Atlantic Property Owners in order to keep them informed of what is going on. 9.Q. Proposed Entrance to S.D. Spady Elementary School. The Commis- sion is to consider providing staff with direction regarding the City's position on the acquisition of property to provide a direct entrance way from Lake Ida Road to Spady Elementary School. Tom Fleming, Education Board Member, stated the situation in question relates to the site plan the School Board is working on with regard to S.D. Spady, which calls for new construction and the City's commitment to extend 10th Avenue from 4th Street to Lake Ida Road. There has been no action on the part of the Education Board. In the past, the Education Board has endorsed and supported the site plan that the School Board is utilizing, and has recommended to the City that they participate by slightly realigning and extending 10th Avenue to Lake Ida Road, providing direct access to the campus. The Committee did not reaffirm that recommendation nor did it suggest any modification. The issue was addressed by the Joint Task Force consensus statement which provided, in part, that the School Board and the City agree that Spady should have access from Lake Ida Road with frontage on Lake Ida Road. The responsibility to purchase the land lying between Spady and Lake Ida Road could not be agreed upon. It was agreed it is something that should be done, but there was no determination as to who would do it or when it would happen. It's important to consider whether the Commission wants to recommend the School Board make any changes at this time. The School Board is well along in completing the construction plans and submitting them to the State Education Department for their approval; in effect that is their building permit. To change that course at this point would result in significant delay and expenditure. Dr. Alperin advised that the previous recommendation is of this present Board, but stated his concern is about the entryway. In reply to Dr. Alperin, Mr. Fleming stated there was a very valid concern that the School Board might not be motivated to purchase the property if the City does not force the issue. S.D. Spady needs the land to exist in the future. It is presently ten acres which will not, in time, meet the minimum State standards. Upon completion of the present proposed renovations and improvements, S.D. Spady will not come up to the standards for a modern elementary school student population. Modern day standards call for a new elementary school to house 700-750 students. Upon renovation, S.D. Spady will house 550 - 600 students. It is in the School Board's interest to purchase the land and expand the campus by adding additional classroom buildings, thereby granting the frontage and the exposure. Dr. Alperin stated there was no indication at today's meeting %hat they plan to do an additional expansion. Upon question to Susan Storm, the Project Manager, Mr. Fleming stated she reaffirmed this plan is taking into consideration the possi- bility of future expansion. They are not in a position to commit to -21- 6/26/90 that, but have taken recognition of the Task Force Consensus statement which calls for future acquisition of the land. Mr. Fleming stated the integration of the school is being accomplished already as a function of the introduction of the Montessori program, which filled up in its first year. The ratio is approximately 25% black, 75% other, and has improved the racial balance. This is a School Board top priority by Federal Mandate. Dr. Alperin stated there is a very good argument for bringing 10th Avenue out and making a nice entryway. The point is, there are no assurances the School Board will purchase the property to the north. If there is a real interest in perception of the school, not just a racial balance, the entryway has to look proper. Mayor Lynch stated a consensus is needed to ask them to stop until such time as this issue can be addressed with them. Mr. Fleming stated the School Board is committed that the land north of the campus should be acquired and added to the campus. The present design is ideally suited for the future expansion. Mr. Randolph stated that the property needed to open Spady as a school complex is just north of Spady. To stay just with a single 10th Avenue site extension is not doing Spady justice. Mr. Andrews stated he is totally displeased with the situation as it relates to Spady. He feels the most important thing is to allo- cate the money for cleaning up the area as much as possible. Dr. Alperin stated the School Board claimed they have asked numerous times for direction, but none has been given. He feels in order to do what has been set out to do the City has to insist that the School Board purchase the property to the north and put the improvements in later, which will insure the right entryway as promised. Ms. McCarty stated she is leaning toward a compromise position. Her concern is not so much seeing 10th Avenue realigned, but to purchase the small lot, make it into a road and improve N.W. 4th Street. Mayor Lynch stated in order to keep Spady in the center of the City as a viable elementary school it has to meet with the long term projections of the School Board. Our reservations need to be known; a meeting with the School Board would be beneficial. David Kovacs stated the Commission should decide whether the internal location of the buildings are affected, but the most important thing is to align the site plan and change it to go north. Mr. Andrews moved approval of setting a joint meeting with the School Board for discussion purposes, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. -22- 6/26/90 9.R. Appointment of Two Members to The Downtown Development Authori- ty. The Commission is to consider appointing one member to the Downtown Development Authority to a term ending July 1, 1993 to fill the unex- pired term of Linda Glass. Seat 1 appointment. Also under considera- tion is an appointment of one member to the Downtown Development Author- ity to a term ending July 1, 1993 to fill the expired term of Constance Tuttle. Seat 2 appointment. Ms. McCarty moved to appoint Anne Bright to the Downtown Development Authority, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to appoint Paul Steele to the Downtown Development Authority, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.S. Appointment of Two Members to The Civil Service Board. The Commission is to consider appointing a member to the Civil Service Board to a term ending June 30, 1992 to fill the expired term of K. Howard Wiener. Seat 2 Appointment. Also under consideration is an appointment of a member to the Civil Service Board to a term ending June 26, 1992. Seat 3 appointment. Dr. Alperin moved to appoint David Henninger to the Civil Service Board, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to appoint K. Howard Wiener to the Civil Service Board, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.T. Appointment of Two Members to The Community Appearance Board. The Commission is to consider appointing an alternate member to the Community Appearance Board to a term ending June 26, 1992 to fill the unexpired term of Norman Radin. Seat 3 appointment. Also under consid- eration is an appointment of a member to fill the architects position on the Community Appearance Board to a term ending June 26, 1992. Seat 4 appointment. Mr. Andrews moved to appoint Jess Sowards to the Community Appearance Board, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph requested that this appointment be postponed until the next Regular City Commission Meeting. -23- 6/26/90 9.U. Appointment of a Member to The Public Employees Relation Commission (PERC). The CoK~ission is to appoint a member to PERC to a term ending June 26, 1994 to fill the vacant managerial position. Seat 4 appointment. Mr. Randolph moved to appoint Dr. Jack Crespin to the Public Employees Relation Commission.. The City Attorney advised that this is a management position and from the resumes that were submitted it was difficult to determine whether or not anybody specifically falls within the criteria as a management person. The idea behind PERC is that there is a Management representative, a Labor representative and a neutral party. Dr. Crespin certainly qualifies to sit on a Board, the question is where his orien- tation is coming from. Mr. Randolph postponed his appointment until the next Regular City Commission Meeting to allow the City Attorney additional time to make a determination as to the managerial orientation of Dr. Crespin. 13.A.1. There were no Comments or Inquiries on Non-Agenda Items from Dr. Alperin. 13.A.2. There were no Comments or Inquiries on Non-Agenda Items from Mr. Andrews. 13.A.3 Ms. McCarty stated there is a sign on the property that has been referred to as the Mayfair Gardens Property, and it says Future Site - Mayfair Gardens. She questioned why, if nothing has been pre- sented to the Commission for official comment, there is a sign there. In reply to Ms. McCarty, David Kovacs stated the County has accepted this project and they are responsible for allowing the sign to be located on the property. 13.A.4. Ms. McCarty recommended more specific rules and regulations on the agenda which will lessen the confusion for the public as to when they can or cannot speak. 13.A.5. Ms. McCarty commented she would like to see an Alternate for the Municipal League to represent Delray Beach. 13.A.6. Ms. McCarty stated the Commission received a letter from the Chamber of Commerce stating they cannot afford to do the holiday light- ing anymore. She stated this should be taken into consideration during the budget process. 13.A.7. There were no Comments or Inquiries on Non-Agenda Items from Mr. Randolph. 13.A.8. Mayor Lynch stated they received a letter from Waste Management showing a discrepancy in the fees being collected. 13.A.9. Mayor Lynch stated he received a phone call from a resident regarding alley problems by Bond Way and Palm Trail where there are -24- 6/26/90 people taking use of an alley that has not been abandoned by the City. This is an area where there have been a lot of crack houses and trouble. 13.A.10. Mayor Lynch stated the CRA has asked for a consensus of support from the City in reference to the Municipal League's letter to the Governor asking him to veto the TIF that comes from the Trust Funds for areas that have to do with health care. Frank Spence, CRA represen- tative, will draft a letter for the Mayor's signature. 13.B.1. There were no Comments or Inquiries on Non-Agenda Items from the City Attorney. 13.C.1. The City Manager requested additional direction with regard to the Delray Depot. Mayor Lynch stated he would like to keep Tri-Rail a viable entity in the City. Tri-Rail owns the platform and if they do evict there are two other locations that have been looked at. 13.C.2. The City Manager questioned if the suspension of the Ordinance of the flags was indefinate or through July 6th. Mayor Lynch stated the cutoff date would be July 9th. The City Attorney advised it is not a suspension of an ordi- nance, it is a suspension of enforcement. Mayor Lynch declared the meeting adjourned at 10:55 P.M. -- City Cl ~r~k ~ / 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 June 26, 1990 which minutes were formally approved and adopted by the City Commission on ~/,l /C ~ /9~O · j _ ! ! City Clerk~ NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. -25- 6/26/90