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01-10-89 JANUARY 10, 1989 A Regular 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 7:07 P.M., Tuesday, January 10, 1989. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and Assistant City Attorney Jeffrey Kurtz. 2. The opening prayer was delivered by Reverend John Hadlock, '~hurch of the Nazarene. 3. The Pledge of Allegiance to the flag of the United States of America was given. PUBLIC HEARINGS 4. Ordinance No. 150-88. Ordinance No. 150-88, amending Ordinance No. 3-84 pertaining to Isles of Delray SAD District, extending condi- tional use and site plan approval for 18 months, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 150-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 3-84, PERTAINING TO A 40.73 ACRE PARCEL OF LAND, PRESENTLY ZONED TO THE "SPECIAL ACTIVITIES DISTRICT" (SAD) AND LOCATED NORTH OF LAKE IDA ROAD, BETWEEN THE E-4 CANAL AND N.W. 8TH AVENUE, SAID LAND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TO PROVIDE FOR EXTENSION OF CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL, AND PROVIDING FOR THE REQUIREMENT OF A MODIFIED TRAFFIC STUDY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 150-88 is on file in the official Ordinance Book) The Assistant 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. Roger Saberson, representing the Isles of Delray, stated he would like to reiterate an agreement he and the City Manager came to today, subject to the approval of the Commission, to slightly modify the language in Section 2. It would not be as to the content of the traffic study, but to require it to be submitted simultaneously with the appli- cation for plat approval for the project. Upon question by Mayor Campbell as to whether there would be any problem with adding this language at Second Reading, the Assistant City Attorney advised he feels it is a minor enough modification that they can do so at this time. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 150-88 on Second and FINAL Reading, with the minor modification, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Ordinance No. 162-88. Ordinance No. 162-88, designating the Koch House, 777 North Ocean Boulevard, as an historic building, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 162-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE KOCH HOUSE LOCATED AT 777 NORTH OCEAN BOULEVARD, LOTS 21 AND 22, BLOCK D, PALM BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A HISTORIC BUILDING, PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 162-88 is on file in the official Ordinance Book) The Assistant 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. Ms. Horenburger moved for the adoption of Ordinance No. 162-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6. Resolution No. 1-89. Resolution No. 1-89, a resolution of intent to purchase property known as Old School Square from the Palm Beach County School Board for $680,822.50 with funding to come from General Fund ($105,000), Water and Sewer ($309,322.50, and Recreation Impact Fee ($266,500) within one year of closing, is before the Commis- sion for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 1-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM THE PALM BEACH COUNTY SCHOOL BOARD, A CERTAIN PARCEL OF PROPERTY IN THE CITY OF DELRAY BEACH KNOWN AS THE DELRAY BEACH ELEMENTARY SCHOOL, WHICH PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF EAST ATLANTIC AVENUE AND NORTH SWINTON AVENUE, IN THE CITY OF DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND PALM BEACH COUNTY SCHOOL BOARD OF APRIL 6, 1988 AS AMENDED. (Copy of Resolution No. 1-89 is on file in the official Resolu- tion Book) The Assistant City Attorney read the caption of the resolution. 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. Ms. Horenburger moved for the adoption of Resolution No. 1-89, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; -2- 1/10/89 Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. Brainerd stated she would like to have a breakdown of the three areas of funding as it was hard for her to follow why Water and Sewer Funds were used for this. Robert Barcinski, Assistant City Manager of Community Services, advised the original agreement with the School Board was that the City would pay for the utilities extension as part of the cost of the sale, less $80,000 which the School Board would pay for, plus road improve- ments. Ms. Horenburger advised some of that will be reimbursed as other people tie into the line. At this point the roll was called to the motion. PROCEDURAL ITEMS 6.A. Mayor Campbell read and presented a proclamation proclaiming the month of January, 1989 as "The Month of the Boy Scout in Delray Beach". A member of Boy Scout Troop 301 came forward to accept the proclamation. 7.1. Jay Slavin, Rainberry Bay, stated she would like to ask the audience to stop at the table in the lobby and read the petition regard- ing changing the method of electing the Commissioners. 7.2. Rosetta Rolle, 301 N.W. 3rd Avenue, on behalf of the Martin Luther King Holiday Committee, stated that in reviewing their budget they find that they are a little short. She is requesting that the Commission consider giving them $200 to round out their budget. She also asked that everyone join them in their march on Monday at 3:00 P.M. 7.3. Nancy Horchak, 5377 Garfield Road, on behalf of the children at S.D. Spady School, stated they were very thankful for the $300 which the Commission allotted for their 5th graders to go to Washington. However, because of their small enrollment they were not able to have any fund- raisers to defer the cost. They know that Pine Grove School was given $1,000 and she is here tonight in the hope that the Commission would consider giving them the other $700 to help their children. 8. Ms. Brainerd asked that the expenditure of $200, as requested by Ms. Rolle, be added to the end of the Regular Agenda as Item 23.A. Mr. Weatherspoon suggested that the request from Spady School also be added as Item 23.B. Mayor Campbell stated a request has been received to delete Item 17 and postpone it until January 24th. He would also like to request that Item 32.J. be placed at the end of the Regular Agenda. Ms. Horenburger moved to approve the agenda, with emergency Items 23.A. and 23.B. added to the Regular Agenda, Item 32.J. added to the end of the Regular Agenda, moving Item 11 to the beginning of the First Readings and deleting Item 17, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ms. Horenburger moved for approval of the minutes of the Regular Meetings of December 13, 1988 and December 20, 1988, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. FIRST READINGS -3- 1/10/89 11. Ordinance No. 2-89. Ordinance No. 2-89, rezoning the Dorson property which is the vacant land around the shopping center located at the southwest corner of Congress Avenue and Lake Ida Road from ART and ACT to POC, is before the Commission for consideration on First Reading. If passed Public Hearing will be held January 24th. The City Manager presented Ordinance No. 2-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT, IN PART, AND ACT (AGRICULTURAL COMMERCIAL TRANSITIONAL) DISTRICT, IN PART, IN POC (PLANNED OFFICE CENTER) DIS- TRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED SOUTH OF LAKE IDA ROAD AND NORTH OF THE L-32 CANAL, BETWEEN CONGRESS AVENUE AND DAVIS ROAD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Michael Connors, representing the owners of the property, stated that at the time of annexation they agreed to let it go forward with the understanding that the City would rezone the property after annexation. The owners were originally seeking Commercial for the entire parcel; however, staff recommended Multi-Family on the north portion and Commercial on the south portion. At the Planning and Zoning Board meeting the decision was made to recommend Planned Office Center on the entire site. After that meeting they met with the City staff and tonight the consensus seems to be that Commercial would be most appro- priate on the south portion and that POC would be very workable on the north portion. Ben Director, Rainberry Bay, stated he is representing 1,800 homeowners who are concerned and would like the Commissioners to follow the recommendation of the Planning and Zoning Board. They will accept nothing other than a POC designation on the entire parcel. Hugh Clinton, 3842 Arelia Drive North, stated he was asked by the residents of Rainberry Bay to describe a situation which occurred to the residents of Shadywoods last year. Adjacent to Shadywoods is a 20 acre parcel of undeveloped land and several years ago a developer came to the residents and promised if they would help him get a zoning change from Residential to Commercial, he would build the most beautiful shopping center south of Palm Beach. The Commission did grant a change for 10 acres to be Commercial and 10 acres to be POC; however, the shopping center was never built as first described. He requested that the Commission not place their trust in any promises of developers. Mr. Connors stated the Dorsons do not have any development plans at this time and they will be looking to sell the property some time in the future. He does not want to convey any impression that there is a particular project in mind; they are strictly looking to move from the agricultural zoning to something more appropriate. Helen Coopersmith, P&Z Board, stated she would like to bring to the attention of the Commissioners that the P&Z Board voted for POC on the entire parcel. Sam Schwimer advised that not too far south of this area is a commercial development which is mostly vacant. He feels they do not need any more commercial centers which will produce nothing for the people in the area. Mr. Weatherspoon stated that due to the fact the property will possibly be sold to someone else, he would feel more comfortable with the POC concept now and let whoever eventually owns the property come forth with a plan or show them a reason why is should not be POC. -4- 1/10/89 Upon question by Mayor Campbell, the City Manager advised the staff recommendation is for the entire parcel to be POC. They met with representatives of the Dorsons and agreed that General Commercial along Congress Avenue would not be inconsistent with the City's or the Coun- ty's Plan. Upon question by Mayor Campbell, David Kovacs, Planning Direc- tor, advised that under the designation which is on the Land Use Plan, the RM-10 zoning is an allowable zoning district. Within the RM-10 zoning, you have professional offices and a series of offices allowed as conditional uses; therefore, you are allowed to have office complexes. Ms. Horenburger stated she is concerned that they could be opening other residentially zoned properties to commercial office use. Mayor Campbell stated he does not find any fault with some commercial on Congress Avenue and would allow the current Land Use Plan designation of Commercial and POC. Ms. Brainerd moved for the adoption of Ordinance No. 2-89 on First Reading, with zoning of POC on the entire parcel, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared a recess the time being 7:44 P.M. The meeting was reconvened at 7:48 P.M. 10. Ordinance No. 1-89. Ordinance No. 1-89, rezoning City Hall property from R-lA to CF, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 24th. The City Manager presented Ordinance No. 1-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE WEST SIDE OF N.W. 1ST AVENUE, BETWEEN ATLANTIC AVENUE AND N.W. 3RD STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 1-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mayor Campbell, the City Manager advised they will amend their Land Use Plan once the Community Redevelopment Agency amends their plan; the two plans have to be consis- tent. At this point the roll was called to the motion. 12. Ordinance No. 3-89. Ordinance No. 3-89, amending Chapter 35 "Employee Policies and Benefits" to make certain technical modifications relating to public employee policies and organizations, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 24th. The City Manager presented Ordinance No. 3-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", OF -5- 1/10/89 THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION 35.034(B), "PUBLIC EMPLOYEES' RIGHTS; ORGANIZATION AND REPRESENTATION", TO PROVIDE FOR THE EXCLUSION OF ANY PROVISIONS OF THE FLORIDA STATUTES OR APPROPRIATE ORDINANCES RELATING TO RETIREMENT; BY AMEND- ING SECTION 35.034, "PUBLIC EMPLOYEES' RIGHTS; ORGANIZA- TION AND REPRESENTATION", BY ENACTING A NEW SUBSECTION (E) TO ESTABLISH REPRESENTATION FOR AN EMPLOYER OR A MEMBER OF A BARGAINING UNIT; BY AMENDING SECTION 35.036(A) (4), "EMPLOYEE ORGANIZATION; REGISTRATION AND CERTIFICATION", TO PROVIDE THAT NOTIFICATION SHALL BE FURNISHED TO THE DIVISION OF LABOR, EMPLOYMENT AND TRAINING OF THE DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY; BY AMENDING SECTION 35.037(E), "COLLECTIVE BARGAINING; APPROVAL OR REJECTION", TO PROVIDE FOR THE EXCLUSION OF ANY PROVISIONS OF THE FLORIDA STATUTES OR APPROPRIATE ORDINANCES RELATING TO RETIREMENT; BY AMEND- ING SECTION 35.039(B) (1), "RESOLUTION OF IMPASSES", TO ENACT A NEW SUBSECTION (a) TO PROVIDE THAT THE PARTIES MAY PROCEED DIRECTLY TO RESOLUTION OF THE IMPASSE BY THE LEGISLATIVE BODY WHEN THE PARTIES AGREE TO WAIVE THE APPOINTMENT OF A SPECIAL MASTER; BY AMENDING SECTION 35.051, "COLLECTIVE BARGAINING NEGOTIATION ACCORDING TO STATE LAW", TO ENACT A NEW SUBSECTION (D) TO PROVIDE THAT ANY HEARING OR ORAL ARGUMENT HEARD BY THE COMMISSION PURSUANT TO THE CODE OF ORDINANCES SHALL BE OPEN TO THE PUBLIC; BY ENACTING A NEW SECTION 35.0545, "NOT GROUNDS FOR RECALL", TO PROVIDE THAT ANY VIOLATION OF THIS CHAPTER SHALL NOT SUBJECT ANY PERSON TO MUNICIPAL RECALL NOR BE CONSIDERED GROUNDS FOR MUNICIPAL RECALL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 3-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, the Assistant City Attorney advised that the State PERC required that they make these revisions to become consistent with the State Statutes. At this point the roll was called to the motion. 13. Ordinance No. 5-89. Ordinance No. 5-89, amending Chapter 172 "Subdivision Code" regarding the accommodation of "flag lots" as a type of subdivision lot, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 24th. The City Manager presented Ordinance No. 5-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USAGE", CHAPTER 172, "SUBDIVISION CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 172.21, "BLOCK AND LOT STANDARDS", BY ADDING A NEW SUBSECTION (C), "FLAG LOTS", TO PROVIDE FOR THE DEFINI- TION OF AND SUBDIVISION REGULATIONS FOR FLAG LOTS; BY FURTHER AMENDING CHAPTER 172, "SUBDIVISION CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 172.16, "STREETS", BY REPEALING SUBSECTION 172.16(O) (4) IN~ ITS ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 5-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the -6- 1/10/89 Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 0 vote. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, the Assistant City Attorney advised that this ordinance will allow a 25 foot strip to be part of the back lot and, therefore, you would only have to have the 25 feet of frontage on the street in order for the back lot to have the required frontage. He does not know of any flag lots as they are not presently permitted; if they do exist, they are nonconforming. There have been a few applications for this type of lot and they were rejected as this ordinance was not in place. Ms. McCarty stated that when they first discussed this they led the gentleman to believe that they would try and work something out. She questioned what legal position they would be in, if any, if they deny this ordinance tonight. The Assistant City Attorney advised nothing is final until the Commission votes on it and his recollection of that meeting was that they just directed staff to look at this issue. At this point the roll was called to the motion. 14. Ordinance No. 6-89. Ordinance No. 6-89, amending Chapter 173 "Zoning Code" relative to "flag lots", is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 24th. The City Manager presented Ordinance No. 6-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USAGE", CHAPTER 713, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 173.093, "LOT DIMENSIONS AND SITE AREA", IN ITS ENTIRETY, AND ENACTING A NEW SECTION 173.093, "LOT DIMENSIONS AND SITE AREA", PROVIDING FOR STANDARD LOT DIMENSIONS AND SITE AREAS FOR SINGLE FAMILY DISTRICTS, PROVIDING FOR THE REDUCTION OF THE REQUIRED FRONTAGES OF LOTS ON CURVING STREETS AND CUL-DE-SACS, PROVIDING FOR THE DIMENSIONS, YARD AND LOT AREAS FOR FLAG LOT SUBDIVISIONS, AND PROVID- ING FOR ADDITIONAL ZONING REQUIREMENTS FOR FLAG LOTS AND FLAG LOT SUBDIVISIONS; BY FURTHER AMENDING CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 173.095 "SETBACK REGULATIONS", SUBSECTION (F) IN ITS ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 6-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 5 to 0 vote. REGULAR AGENDA 15. Appointment of a Member to the Code Enforcement Board. The Commission is to consider the appointment of a member to replace Thomas Scott, who has resigned. Ms. Brainerd moved that Mr. DonFrancisco, who is currently serving as a layperson, be moved to the businessperson position, and that Tim Onnen be appointed as a member of the Board as a layperson, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -7- 1/10/89 16. Request for Funds - Atlantic High School. The Commission is to consider a request in the amount of $3,000 with funding to come from the Commission's Special Event Account No. 001-1111-511-34.81 Ms. Horenburger moved for approval, seconded by Ms. Brainerd. Ms. Brainerd stated there appears to be no one present from Atlantic High School and she had several questions such as what the total project budget is, how many people will attend and what percentage of their attendance are they being asked to compensate. She would like to go on record as stating that when members of the community have requests for funding, she is more than open to look at them, particular- ly for educational endeavors; however, unless someone wants to give her a complete accounting sheet as backup so that they know what percentage of the event they are funding, and what percentage that institution is going to come up with on their own, she would like to see the people present to answer any questions. Ms. Horenburger stated last year they did discuss Boynton Beach's contribution to this event as many of the students are from that City. She is very supportive of a chemical-free graduation celebration; however, she does have a concern about the percentage of their parti- cipation in relation to Boynton Beach. Mayor Campbell suggested that they ask for a summation of last year's event, the number of people, what they did, who contributed and then it can be placed on the next regular agenda. Ms. Brainerd made a substitute motion to postpone this item, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Conditional Use Request (CU 6-270). The Commission is to consider a conditional use and attendant site plan for Happy Times Day Care, located at the southwest corner of S.W. 1st Avenue and 2nd Street. The Planning and Zoning Board recommend DENIAL based upon the following: 1. Number of similar facilities in the immediate area. 2. That the proposed use would have a negative effect upon the stability of the residential character of the area. Mr. Weatherspoon moved to approve the conditional use request, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Befor~ roll call the following discussion was had: Ms. Horenburger stated it is her understanding that neighbors in this area are supportive of this use. She stated there are a lot of people either looking for day care or keeping their youngsters at home; therefore, they need all the day care help they can. Ms. Brainerd stated they all agree that there is a need for subsidized and affordable day care; however, she does not know if throwing quantity at the issue is the solution. Therefore, she is not in favor of voting for this tonight, but following the staff recommenda- tion and seeing what the Child Care Task Force comes up with. Mr. Weatherspoon stated he feels day care centers enhance neighborhoods and the stability of the area. Although there are four centers in the area they will not impact each other. Also, he believes most people would rather have a day care facility there than to leave it to become either abandoned or rental property. Given those options, he would support the day care facility providing they meet with existing guidelines. 8 1/10/89 Upon question by Mayor Campbell, the City Manager advised the neighbors on both sides and across the street have consented to the day care facility. Mayor Campbell stated that although the neighbors do not have a problem with this, he finds it totally inconsistent with a residential neighborhood. He feels that even though the 35 children may be coming from that neighborhood, the center is going to adversely impact the houses around it with traffic and noise. Ms. McCarty stated that they are getting quite a few day care centers coming in now, and they have the Child Care Task Force who will be meeting tomorrow. She would hope that they can get some sort of report or have the Task Force develop a plan where there can be neigh- borhood day care centers not just in one area. At this point the roll was called to the motion. David Kovacs advised that Mr. Weatherspoon's motion was for the conditional use and did not include the site plan which was not docu- mented in the background material. Therefore, he would like to request a separate motion to approve the site plan, subject to the following conditions: 1. The northeast driveway proposed from S.W. 2nd Street must be a minimum of 25 feet from the intersection of S.W. 2nd Street and S.W. 1st Avenue. This will require all parking and driveway configurations along S.W. 2nd Street to be adjusted (see discussion on saving existing tree under standard #3). 2. All proposed hedging adjacent to rights-of-way (S.W. 2nd Street and S.W. 1st Avenue) must be placed along the interior of the required five foot perimeter landscape buffers. Hedge material within the perimeter landscape buffers must be terminated a minimum of three feet from all driveways to maintain proper site distance. 3. Foundation plantings must be submitted for review by the City Horticulturist. 4. Provide "Do Not Enter" sign at exit of drop-off drive on S.W. 1st Avenue. 5. Pursuant to Section 159.02, protective curbing is required for all landscape adjacent to access ways. 6. Pursuant to Section 173.772 (C) (2), a sign at the head of the handicapped space is required in addition to handicap striping and marking. 7. An additional 5 feet of right-of-way must be dedicated for S.W. 1st Avenue. 8. Platting is required. Ms. Horenburger moved to approve the site plan, subject to conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Site Plan Approval and Office Use in an RO Zone District. The Commission is to consider a Site Plan and office use for Christopher O'Hare, located on the west side of North Swinton Avenue between N.W. 1st Street and N.W. 2nd Street. The Planning and Zoning Board recommend approval, subject to the following conditions: 1. Revised plan showing location of all water and sewer utility lines prior to the issuance of building permits. 2. A revised site/landscaping plan be submitted and approved by the City prior to issuance of building permits, with the plan to include appropriate concrete or timber car stops. 3. Sod or ground cover over a former parking space west of the garage; that the Tribulus Cistoides to be planted in right-of- way be firmly established within 90 days of planting; and that two additional trees be placed along the south property line unless this requirement is waived by the Commission. -9- 1/10/89 4. If a pea-rock parking surface is not allowed a revised drainage plan and associated calculation be provided. Mr. Weatherspoon moved to approve the site plan and office use, subject to the conditions, seconded by Ms. McCarty. Christopher O'Hare, applicant, stated he would like the Commis- sion to consider waiving the conditions. The City Manager advised that staff is recommending that Mr. O'Hare's request for a waiver of the pea-rock parking surface be al- lowed. They will advertise for a waiver of the ordinance for Commission consideration. Upon question by Mayor Campbell, the Assistant City Attorney advised they do have to advertise as it involves the waiver of an existing ordinance, rather than an appeal. Mayor Campbell stated he understands they have to advertise under the current ordinance; however, he questioned if they could, in the future, cut down on the time and trouble and have the ability to waive in one hearing. The Assistant City Attorney stated they could do that through an ordinance revision and have the City Engineer's decision on parking surfaces appealed to the Commission. Upon question by Mayor Campbell, Mr. Kovacs stated they do not give courtesy notices to neighbors on site plans. Mayor Campbell stated perhaps they need to look at this issue as they have discussed this in the past. He requested that this be placed on a workshop agenda. Mr. O'Hare advised, with regard to the conditions, that instead of the 6" non-mountable concrete curbs, he would like to request that the existing 1 x 6 edging be permitted to remain; with regard to sod or ground cover in the location of a former parking space, he would like it to remain in gravel and, finally, with regard to the provision of two additional trees, he has no objection to putting them in, however, he is trying to break the precedent of the landscaped walls on the perimeter property line so he would like the existing planting to remain as is. Mr. Weatherspoon amended his motion to approve Mr. O'Hare's request and direct the City to advertise for the waiver, Ms. McCarty amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. Change Order No. 1 - Linton Boulevard Beautification. The Commission is to consider a contract decrease of $7,412 necessitated by design changes to accommodate traffic movement at Albertson's Shopping Center, located at Military and Linton. Mr. Weatherspoon moved to approve Change Order No. 1, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Ms. Horenburger left the Commission Chambers at this time. 21. Waiver of Sidewalk - St. Mary's the Virgin Church. The Commis- sion is to consider a request by the church to waive the requirement for construction of a sidewalk along Homewood Boulevard. The City Manager stated that staff's position is that they would not object to waiving this along Homewood Boulevard because at some point they expect the sidewalk to go between Atlantic Avenue and Linton Boulevard. Therefore, although it is not contiguous at the moment, it will be at some point. William Koch, representing the Church, stated if the Commission would allow them to get along without putting the sidewalk in now, when the City does extend it they will be more than willing to do so at that time. -10- 1/10/89 Ms. McCarty moved to waive the requirement along Homewood Boulevard and require the building of a sidewalk at a future time when needed at the request of the City, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 22. Land Sales Contract between the City and Auburn Trace Joint Venture. The Commission is to consider an agreement for sale of land for $730,000 and other provisions to allow construction of 256 units of low to moderate income housing. The Assistant City Attorney advised this agreement is similar to the previous one; however, there are some minor changes. The pur- chase price is $730,000 with $1,000 down upon execution, $65,000 a month from the time of closing, $25,000 a year payments for the first five years and then a $530,000 lump sum payment after 15 years. There is a letter in which the differences are outlined and objected to by Mr. Hinners and the Commission was furnished a letter yesterday from the City Attorney's Office. He advised that the main areas of objection are: (1) The title insurance in the previous contract was to be paid by the City. Staff has suggested that Joint Venture pay this; (2) this contract calls for the City to give Joint Venture a Quit Claim Deed rather than a Warranty Deed, which subjects the City to a lesser liabil- ity if there is anything wrong with the title on the property and any problems which might occur because of the dump which was on the proper- ty; and (3) this contract is drafted such that Joint Venture will indemnify and hold harmless the City in the event of any claim against the City. The Assistant City Attorney noted that the Commission was furnished a memo from Lula Butler regarding their UDAG application. HUD would like some additional information from the City and they would like it in a hurry since they have indicated that the City will shortly be receiving a 35 day letter indicating that they have 35 days to comply with certain conditions in the agreement. They have until February 14th to make whatever conditions they impose. Tom Hinners, consultant for Auburn Trace Joint Venture, stated the provision of the deed being a Quit Claim Deed instead of a Warranty Deed is a concern to them. They are accepting the property as is and understand the soil conditions; however, they feel that any seller selling property and asking for something in exchange should warrant title to the property. The second area that is of concern to them has to do with the indemnification provision. This was not included in their proposal and was not budgeted for. The third provision they would like to see changed in the contract has to do with the setting aside of four acres. In their proposal they have primarily one-story buildings which take up more land and have enclosed secure yards for each unit. Therefore, do not need additional park land for this development and do not have four acres available. According to their site plan they call allocate two acres for park, one acre being next to the Church on 8th Avenue and the other area being the Catherine Strong Center Baseball Field. Upon question, the Assistant City Attorney stated that if they are only willing to give the City two acres, he believes it is staff's position that they would be better off waiving the Park and Recreation Fees entirely and letting them keep the two acres to mix in the project. This will give them more land to spread their development out on and relieve the City of any maintenance responsibility. Mr. Weatherspoon stated they do not have to have a full park, but they could do something nice with two acres. The Assistant City Attorney stated it has been suggested that if they wish to look at this, the time to extract it would be at site plan approval. They could eliminate it from the contract and they would still have the option at site plan, depending where they position roads and buildings, to take the land if they see a use for it. Mayor Campbell stated, with regard to the Deed, that he would not have any problem with a Special Warranty Deed. -11- 1/10/89 Upon question by Mr. Weatherspoon, the Assistant City Attorney advised there is currently a requirement that they provide the City with firm financial commitments by January 31st. This requirement was in anticipation that they would be required to submit them as part of the application. Since it looks like they are going to have to have it by February 14th at the latest, the Commission and Mr. Hinners may want to comment on this as to whether or not it would be possible to get those commitments prior to the 31st. HUD staff will not even begin to look at the application or consider it until they get firm financial commit- ments. Upon question by Mr. Weatherspoon, Lula Butler, Director of Community Improvement, advised HUD is continuing with their preliminary review; however, it cannot go to the appeals panel until all the condi- tions have been satisfied. They have indicated that the City is going to receive the letter which would give them 35 days to satisfy all the agreements of the previously executed grant agreement. If they do not come up with the firm financial commitment by mid-February they will be in severe trouble. Mr. Weatherspoon moved that they agree to the contract between the City and Auburn Trace Joint Venture, deleting from the agreement the requirement for them to indemnify the City, substituting a Special Warranty Deed instead of a Warranty Deed, and deleting the four acre requirement, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. 23. Old School Square Appeal for Waiver of Condition. The Commis- sion is to consider a request by Old School Square, Inc. to waive the following site plan conditions imposed by the Historic Preservation Board as they relate to renovation of Old School Square property: 1. Site location for proposed "water element" (fountain). 2. Remove restrictions imposed on the type of materials and detailed specifications for proposed covered walkway. 3. Remove requirements that Old School Square remove the existing stucco from the 1913 Building. 4. Allow a site plan proposed parking lot to remain in place. Frances Bourque, representing Old School Square, stated that while this item is in the form of an appeal, they would like to point out that if they were not faced with a time constraint they would have been able to work out the conditions with the HPB. OSS feels that the HPB acted in good faith; however, there were misunderstandings which placed severe restrictions on the Certificate of Appropriateness. Because there was apparently not enough time to call a special HPB meeting, and in the interest of moving forward to the next specific deadlines, OSS is requesting the Commission to overrule the HPB condi- tions and grant their full approval of the site as previously approved on December 20, 1988. Ms. Bourque stated that the position of the HPB is (1) to have the stucco removed on the 1913 building as a priority. OSS agrees that the removal of the stucco is the more desirable position, but reserves the right to wait and present a report from the stucco specialist when it is completed, with estimates and comments to the HPB regarding the costs as well as the safety of its removal. At this point, they do not feel the stucco removal should be a priority item if the cost is deemed prohibitive. If this proves to be the issue and at a later date, if funds become available, the removal could be considered; (2) to remove the water element from the site in Phase 1. If the reason to remove this is because State funding for historical restoration should not be used to build new elements on historical sites, then it needs to be pointed out that no preservation dollars are being targeted for any new construction. They simply want approval of the placement of the water element so that they can proceed with the design and present these elevations and material selections to the HPB for their approval; (3) to -12- 1/10/89 remove the loggia walkways from the site plan until selection of materi- als and design elevations have been presented. This position prevents them from proceeding with the drawings to develop the same requested items. The architects cannot continue with the design of the loggia walkways without being secure in their placement on the site. They have no problem with presenting the design elements and materials to HPB for their approval once they are complete; (4) to have OSS reevaluate the site of the parking lot and consider revising the site plan to accommo- date the parking elsewhere. They have reevaluated the parking lot on numerous occasions with P&Z, Engineering, the CRA, the DDA, the Commis- sion, staff and individual members of HPB. OSS, with their architects, have finalized the position for the parking and have presented the best possible working solution for this site as a whole. Location of the parking behind the 1925 building, which has been suggested, restricts the development of the Theatre, disrupts the safety of on-site pedestri- an traffic and the enhancement of artistic programming on the site. Ms. Bourque advised that OSS wishes to maintain the integrity of this historic site while programming its adaptive reuse as an arts and cultural center. They need to move forward at this stage to allow adequate time for material selection and presentation of those selec- tions to the HPB before the expiration of the architectural consultants contract and the work which is to be completed on February 15, 1989. Therefore, they are asking the Commission to approve the site plan without the conditions set forth in the Certificate of Appropriateness. This would allow them to move forward on construction documents and enter into construction in order to be able to disperse their grant funds before the 12/31/89 deadline. Pat Healy, Chairman of the Historic Preservation Board, advised they approved the COA with these conditions as they had inadequate information to make a good judgment on what was going to happen. She did not realize the time element involved. Ms. Horenburger stated there were some comments about material and design and it is her understanding that that information will be forthcoming as the architect proceeds. She questioned if they can ask that some of this be left open ended so that the HPB can have an oppor- tunity to review and comment on those. The Assistant City Attorney stated he believes they can do this; they could issue the COA and it would be a further condition that they would have to come back before the HPB with whatever requirements. Upon question by Ms. Horenburger regarding handicapped parking, Ms. Bourque stated this has been addressed and there are accommodations; however, it will not be as easy as it would be if they were designing a new building. Ms. Horenburger moved to approve the appeal with the condition that the OSS will present the materials and design for the covered walkway, when available, to the HPB, and removing the other three conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23.A. Request for Funds - Martin Luther King, Jr. Day. Ms. Brainerd questioned what percentage of the total event is the $200 they are requesting. Rosetta Rolle stated she believes they need approximately $1,500. Ms. Brainerd moved to grant the request for $200 for the Martin Luther King Jr. celebration, seconded by Ms Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Ms. Horenburger left the Commission Chambers at this time. -13- 1/10/89 23.B. Request for Funds - Spad¥ Elementary School. Ms. Brainerd questioned how many students will be attending and what percentage of the required amount of money have they been able to raise on their own. Nancy Horchak stated all the students who are on patrol are given the opportunity to be able to go to Washington. Normally, they have a fund raiser candy drive; however, this year they were unable to do so because the 5th grade teacher who organizes it could not take it on with the small student population. Ms. Brainerd moved to grant $700 for the Spady safety patrol trip, seconded by Ms. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 32.J. Bid Award Administrative (Non-Police) Vehicles as follows: 4 Subcomp Sedans Koons Ford $31,384 001-2741-524-60.84 Ford Escort 001-2221-524-60.84 3 Midsize Sedans Dodge Country 24,579 001-2911-519-60.84 Dodge Aries (State Contract) 001-5111-536-60.84 1 Large Mid Sedan Bill Wallace 10,454 001-2610-512-60.84 Ford Taurus 1 Full Size Sedan Dan Burns 15,610 001-1211-512-60.84 Olds Royale Oldsmobile 001-3101-512-60.84 1 Cargo Van, Econ. Koons Ford 11,463 001-2317-522-60.84 Ford Aerostar 1 Cargo Van 4X2 Jerry Ham Chev. 9,751 001-3131-519-60.84 Chev. CG 11005 (State Contract) 1 8 Pass Van 4X2 Dennis Fronrath 13,891 001-2315-516-60.84 Chev CG 21306 These are budgeted items and funding will come from the individual departments receiving the vehicles. Ms. Horenburger returned to the Commission Chambers at this time. Mayor Campbell stated his concern is with the cost of the large mid size sedan and the full size sedan which were going to be used for the City Manager and Mr. Spence. They had budgeted a $12,000 figure and he was also concerned about the fact that they only got one domestic bid on this. Having discussed this with him, the City Manager agreed he would be just as content to keep his car and give new vehicles to Mr. Spence and Mr. Barcinski. Therefore, he (Mayor Campbell) suggested that they allow him to rebid for two mid size sedans, not to exceed $18,000. Mr. Barcinski, Assistant City Manager of Community Services, stated they could rebid or they have a State contract for midsize sedans which they could add to. Ms. Brainerd moved to approve, deleting the midsize, the full size and adding two Aries, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell stated there was one other item he would like to discuss and would entertain a motion to amend the agenda to discuss Item 32.F. Mr. Weatherspoon moved to amend the agenda to discuss Item 32.F., seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; -14- 1/10/89 Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 32.F. Beach Wall Restoration - Ralph Osbourn, Inc. - $39,980 with funding to come from Beach Renourishment transfer to Account 441-5163- 536-60.71. Mayor Campbell questioned if the wall is that bad that they could not use a cheaper cosmetic approach which might solve the problem. Elizabeth Matthews, 1024 White Drive, stated the estimate is very low. When they started talking about this at the time they made their budget presentation several years ago the estimate was around $100,000. Mr. Weatherspoon moved to approve the funding of $39,980 for restoration of the beach wall, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 24. Reappointment of Five Board of Construction Appeals Members. The Commission is to consider the reappointment of the following members of the Board who are eligible and have requested reappointment to terms ending January 8, 1991: H. Deane Ellis William Koch, III Richard M. Oldham Larry M. Schneider Richard Sheremeta 25. Reappointment of Three Code Enforcement Board Members. The Commission is to consider the reappointment of the following members of the Board who are eligible and have requested reappointment to terms ending January 14, 1992: Joel Port Charles Toth Samuel DeOto (Alternate) 26. Denial of Steven Cox Offer to Settle a Claim. The Commission is to consider denial of a settlement offer in the amount of $15,000. Denial is recommended. 27. Denial of Mary Brown Offer to Settle a Claim. The Commission is to consider denial of a settlement offer in the amount of $25,000. Denial is recommended. 28. Denial of Jean Marc and Jeanette Florestal Offer to Settle a Claim. The Commission is to consider denial of a settlement offer in the amount of $20,000. Denial is recommended. 29. Acceptance of David Marcil Offer to Settle a Claim. The Commission is to consider a settlement offer of voluntary dismissal with each party bearing its own costs and attorney's fees. Acceptance is recommended. 30. Acceptance of Utility Easement at 340 North Congress. The Commission is to consider acceptance of an eight foot easement from Douglas D. and Virginia G. Cary for a 10" gravity sewer and manhole installed during the Congress Avenue widening project. Approval is recommended. 31. Mutual Aid Agreement - Palm Beach County. The Commission is to consider approval of an agreement between the City and Del-Trail Fire -15- 1/10/89 Control District for emergency service response with Palm Beach County Fire-Rescue. Approval is recommended. 32. Award of Bids and Contracts. A. Tropic Isle Drainage Project - Charles S. Whiteside, Inc. - $109,300 with funding to come from Account 333-3161-541-61.11. B. Design for Miller Park Ground Water Storage Tank and Booster Pump - Post, Buckley, Schuh & Jernigan, Inc. - $88,000 with funding to come from Account 441-5123-536-60.64. C. USGS Study for Lake Worth Drainage District - $3,515 with funding to come from Account 441-5111-536-33.11. D. Design Proposal/Water Treatment Plant - Post, Buckley, Schuh & Jernigan, Inc. - $15,000 with funding to come from Account 441-5162-536-60.41. E. Installation of Golf Course Wellfield pumps, electrical work and instrumentation and bacteriological clearance testing - Youngquist Brothers, Inc. - $162,050 with funding to come from Account 441-5163-536-60.71. G. Drainage and Roadway Improvements at Black Olive and Homewood Boulevard - Marks Paving Company - $154,897.75 with funding to come from Account 334-3162-541-61.82. H. 2,000 Gallon Tanker - Walker Stainless Equipment Company - $71,313 with funds to come from 1987 Utility Tax Bond Account 333-2311-522-60.84. I. Washer and Dryer Lease - City Marina - Five year lease between the City and King Coin, Inc. for laundry room space. Ms. Brainerd moved to approve the Consent Agenda, as modified, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33.A.1. Ms. Brainerd stated the Commission received a letter from Gloria Collins on December 9th regarding an application they may make of the County to match funding up to 50% for consensus building. The deadline for making application for the funds is January 20th and she questioned if they plan to make application. The City Manager stated he will look into this. 33.A.2. Ms. Brainerd stated it has been suggested to her that they change the time limit on the municipal parking lots in the CBD from two to four hours. Rather than workshop this tonight, she would like to ask for a consensus that they put this on a future workshop agenda and get some input from the DDA. 33.A.3. Ms. Brainerd stated she would like to know if they have re- ceived a report from their lobbyist regarding her progress with access off Atlantic Avenue for the train depot. The City Manager stated he cannot report that there is any major progress being made other than it has been assigned to someone in DOT. Ms. Brainerd stated she would hope they receive a written report from their lobbyist as to her progress on who she contacted in Tallahas- see. The City Manager advised he will have a report from her in time for the Manager's report on Friday. 33.A.4. Ms. Horenburger stated she talked with a representative from the County Engineering Office regarding Swinton Avenue and they are going to be sending a resolution to the City of Boynton Beach. Once they have the resolution from the City of Boynton on the four blocks at the north end, they will come back to the Commission with a proposal to turn it over to the City. -16- 1/10/89 Ms. McCarty stated that Mr. Church and Mr. Kovacs did a report on Swinton Avenue; however, they did not address the possibility of trading 10th. 33.A.5. Ms. Horenburger stated that she talked with Mr. Jesser regard- ing the railroad access and will set up a meeting next week. He com- mented that not only is this a State DOT issue, but also a Federal one which is even tougher to work with. 33.A.6. Mr. Weatherspoon stated that the Commission received a letter from Mr. Newman regarding his trying to get a permit for a driveway. He questioned if this has been dealt with. The City Manager advised he has not received a response from staff as yet. 33.A.7. Mr. Weatherspoon stated they received a letter from the Palm Beach Countywide Planning Council regarding an information system workshop on January 20th. He will not be able to attend; however, he hopes that someone from staff will. 33.A.8. Mr. Weatherspoon stated they were successful in moving undesir- able people off Atlantic Avenue; however, they have now become a nui- sance for the residents on N.W. 6th Avenue, N.W. 7th Avenue and N.W. 1st Street. The Police Department had a program to deal with the kids and hopefully they can revitalize that or work something out with the School Board. 33.A.9. Mr. Weatherspoon stated he understood that if a Patrolman on his route saw a street light out he would report it to FP&L. He has noticed a countless number of lights out and reported one today which had been out for two weeks. He advised that the number to call is 395-8700. 33.A.10. Mayor Campbell stated the Commission has received a copy of a letter from Rollie Waters offering his services with regard to a proce- dure for the performance appraisal system for the City Manager. En- closed with the letter is a copy of something he had done for the City of West Palm Beach. He suggested that everyone read it very carefully to see if they would like to consider Mr. Water's proposal. Ms. Brainerd stated she thought they had decided not to employ anyone to do this. Mayor Campbell stated they did, he is just bringing this up for consideration. He requested that the City Manager poll the Commissioners and, if there is an interest in this, they can contact Mr. Waters. Ms. Brainerd stated that she understands that at next Tuesday night's meeting they are going to sit down and do the format. She will be unable to attend that meeting and questioned when it will come back to a public forum. Mayor Campbell stated he had anticipated that each Commissioner would have a private conference and evaluation with the City Manager and then it would come back for a public summation. Ms. Brainerd stated she would like to request that it does not come back on the 24th as she will not be able to attend that meeting either. Mayor Campbell advised they will schedule it accordingly. 33.B. There were no Non-Agenda items by the Assistant City Attorney. 33.C.1. The City Manager introduced John Elliott who is the new Assis- tant City Manager for Management Services. 33.C.2. The City Manager reminded the Commission that the Florida League of Cities meeting will be held February 2nd and 3rd and he questioned if anyone is planning on attending. 33.C.3. The City Manager advised that Mayor Campbell had asked that they also consider the National League of Cities Legislative Conference -17- 1/10/89 in March. If any Commissioner has plans to attend they should contact him. 33.C.4. The City Manager advised the Historic Preservation Board, Historical Society and Old School Square are sponsoring a seminar this weekend and the City will be indemnifying that activity. Therefore, any liability which is incurred would be incurred by the City. 33.C.5. The City Manager stated they did not develop a Legislative package last year; however, if they want to develop one this year they should be thinking about items to present to the Delegation. Mayor Campbell declared the meeting adjourned at 9:33 P.M. City Clerk 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 January 10, 1989, which minutes were formally approved and adopted by the City Commission on ~x~ /.,~ /~. 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. -18- 1/10/89