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01-24-89 JANUARY 24, 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 24, 1989. 1. Roll call showed: Present - Commissioner Marie Horenburger Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Patricia Brainerd Commissioner Mary McCarty Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Charles Carrin, Grace Fellowship Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell stated at this time the presentation of a plaque to Representative Steve Press will be postponed due to the fact he has not yet arrived from Hollywood, Florida. PUBLIC HEARINGS 5. Ordinance No. 1-89: Ordinance No. 1-89, rezoning City Hall property from R-lA to CF 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 sched- uled to be held at this time. 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. (Copy of Ordinance No. 1-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 1-89 on Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 6. 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 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. 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. (Copy of Ordinance No. 2-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Arthur Jackel, Chairman of United Property Owners, stated they feel this parcel of land should be zoned POC as indicated by ~the resi- dents in that neighborhood and asks that the City Commission honor their request. Michael Connors, representing Mrs. Dorson, stated the zoning designation originated when this property was considered for annexation. At that time the City proposed an agricultural transitional zoning which Mrs. Dorson felt was not appropriate. However, at that time, it was agreed not to contest the annexation or the rezoning. At a P&Z meeting, neighbors in the area voiced concerns with regard to multi-family zoning proposed by the City for the northern portion of the property. He then presented a graph showing the parcel divided into two portions labeled A & B. He presented copies of a report by a marketing analyst to the Commission, indicating that 18 acres of POC will not work on this parcel in the current market. They are now requesting that Parcel A be rezoned POC, providing the neighbors to the west and north with a buffer from the existing commercial property and eliminating the question of a multi-family project. They feel Parcel B should be zoned General Commercial, which allows for multi-family. To assure the neighboring areas this will not happen, Mrs. Dorson is willing to place a restric- tive covenant on all of the property to prohibit any multi-family development. They also feel access should be only to and from Congress Avenue, to eliminate additional traffic to the north and the west. He requested this item be continued to the next regular Commission meeting in order that Mrs. Dorson might have the input of all the Commissioners. Phyllis Harko, Rainberry Bay, respectively requested the Commission to oppose the POC zoning. Ernie Burkhardt, Villas of Rainberry Lakes, stated the resi- dents in his area oppose any change that would result in medium or high density housing; therefore, they are in favor of the two zonings pro- posed by Mr. Connors with the restrictive covenant. Robert McCulloch, owner of property located at 2100 Lake Ida Road on the north side of the property in question, stated he feels the proposal by the property owner tonight will meet the needs of all the property owners in the complex. He feels being at that location for the past six years, along with other professional and business tenants, indicates this would be a very viable project. He is firmly opposed to any type of multi-family project. -2- 1/24/89 Donald Allgrove, Board member of Rainberry Lakes, stated the families of their subdivision are in favor of the POC zoning for the entire area. Ben Director, Board member of Rainberry Bay, stated the resi- dents are in favor of the POC zoning and urge the Commission to approve the recommendation. Mr. Connors stated, with regard to the concerns about multi- family, he would like to reiterate that a covenant will be placed on the property, reviewed by the City Attorney, recorded into the public records and would be a covenant restricting any type of multi-family on the.property running with the land. Joe Barenhaus, Rainberry Bay, requested a specific definition of POC and GC. Mayor Campbell suggested that the Planning Director give a brief description of the parameters of the Planned Office Center and General Commercial. Mr. Kovacs, Planning Director, read from the Zoning Code the purposes of the POC and General Commercial Zoning Districts, in addition to the types of Permitted Uses and Conditional Uses for each. The public hearing was closed. Mr. Weatherspoon stated that, since the applicant requested the item be continued to the next upcoming meeting he feels, if there is a consensus, the Commission should honor the request. Mayor Campbell clarified the fact that the applicant has indicated that a restricted covenant will be placed on the land to prohibit any residential development which should alleviate the concerns of the neighboring residents. If the POC is approved tonight, there will be no restrictive covenant. He questioned if the Commission could delay approval for two weeks and make a condition that, prior to approv- al, the restrictive covenant must be in hand simultaneously with the zoning. The City Attorney advised it must be readvertised. Upon question, the City Attorney clarified the restrictive covenant must be signed, sealed and presented to the Commission prior to the official vote. He also advised if the POC-GC is to be used in part, it will need to be readvertised so the public could see the ordinance on Second Reading showing the metes and bounds section which will be designated for each parcel. If the POC only is to be approved with the restrictive covenant, it can be postponed until the meeting of February 14. Upon question by Ms. Horenburger, the City Attorney advised that if the Commission concurs to have the POC-GC split, then it will be necessary to redraft the ordinance and have it for Second Reading again. Mayor Campbell stated he feels if the Commission wants to approve the POC tonight the ability is there; however, there is an element in the permitted use that allows six units per acre. If the major concern is to have no residential, it is his understanding the applicant will not allow that if the entire parcel is zoned POC. So the Commission has a choice of a split with no residential or to approve the POC with some possibility of RM-6. Upon question by Ms. Horenburger, Mr. Kovacs stated the appli- cant's request at the P&Z meeting was for the entire area to be zoned Commercial. The P&Z Board reviewed all options and recommended POC for the entire area. Ms. Horenburger questioned if the residential deed restriction was discussed at the P&Z Board meeting by residents, the Board or the Staff, to which Helen Coopersmith, Board member, replied it was not. Mr. Weatherspoon stated he feels to alleviate the concerns of all citizens and at the same time increase the possibility of both parcels being developed, it would be better to go with the split and add the deed restriction to both parcels. This would assure that no resi- dential would be allowed on either parcel. -3- 1/24/89 Mayor Campbell questioned when arguments were made at P&Z level, if it was clearly understood that POC does allow residential use. Mrs. Coopersmith assured him that it was. Mr. Weatherspoon moved to direct staff to move forward with an ordinance and advertising to split the parcel with the deed restriction on both A and B, restricting any housing and with Parcel B being zoned GC and Parcel A being zoned POC. The motion died for lack of a second. Ms. Horenburger moved to postpone consideration of Ordinance No. 2-89 to the February 14 meeting, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. The City Attorney advised this will be agendaed only for Commission consideration, and there will be no further Public Hearing on this item. Mayor Campbell suggested any person who is interested might like to speak with one of the Commissioners and since there will be no Public Hearing, it might be a good idea to send a delegate to that meeting. Mayor Campbell declared a recess the time being 7:50 P.M. The meeting reconvened at 7:55 P.M. 7. 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 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. 3-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", OF 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. -4- 1/24/89 (Copy of Ordinance No. 3-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 3-89, on Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Before roll call the following discussion was had: Ms. Horenburger questioned where this originated. The City Attorney stated this came from the State PERC in Tallahassee and are merely technical corrections to be included in the Code Book. They already exist in the Florida Statutes and the City has been complying with them, but the State feels it is necessary to have them included in the Code Book. Ms. Horenburger questioned, under Section 1. (B), why this part on retirement was excluded. The City Attorney stated it is not a mandatory part of bargaining as it once was. Upon question if the City has the option of keeping it in, the City Attorney replied State Stat- utes say it is not to be. Ms. Horenburger requested clarification that the requirement has been eliminated and the City Attorney assured her that it has. Ms. Horenburger questioned if the City could put it in if they so choose, to which the City Attorney replied they cannot. She then questioned if the same applied to Section 4. (E) and the City Attorney advised that it does. Upon question, the City Attorney clari- fied it cannot be made any tougher than the State requires, if the City wants to have its own Mini PERC. Since the City has a local option Mini PERC, it is required to operate under the same conditions as the State. What it basically says is that retirement benefits are not a mandatory subject for collective bargaining of a union contract, i.e. whether the City pays retirees two and one-half percent or three percent, is not a subject that a collective bargaining agent could demand to be bargained at the time the City negotiates the union contracts. Ms. Horenburger stated she would like to see language in the ordinance that the City can do that. The City Attorney stated the language before the Commission is the language the City is being ordered to enact by the State PERC and they have that authority. The City can make a modification, but will be running the risk of being deemed not to be in substantial compliance with Florida Statute 447. Mr. Weatherspoon questioned, since there seems to be some concerns with this ordinance, could the Commission request the State to modify the existing language. Mayor Campbell stated the ordinance will either fail tonight or there will be an alternate motion to postpone it. The City Attorney advised the order from PERC was to have this returned to them by next week or not at all. At this point the roll was called to the motion. PROCEDURAL ITEMS 8.1. Rosetta Rolle, 301 N.W. 3rd Avenue, thanked the Commission for the donation to the Martin Luther King Celebration Committee, which allowed them to present more prizes to the children. She expressed the hope that the Commission would consider including this in the budget for the coming year. 8.2. Kim Douglas Sherman, Attorney representing Trainer Roofing, Inc., questioned the law of the City relative to issuing permits necessary for work to be done to make the property that his client owns qualify for a temporary Certificate of Occupancy. Mr. Sherman stated the -5- 1/24/89 City Planner is of the opinion that a site plan must be approved before the property can be used and the City Attorney is of the opinion that permits may be issued pending final site approval and occupancy may be permitted under a temporary Certificate of Occupancy after the permitted work has been completed to bring the property into the minimum require- ments for use. He gave copies of the memo from the City Attorney to the Commission. His request is for the Commission to concur with the City Attorney and direct the City's Planner to comply with the correct interpretation. Mr. Sherman stated Trainer Roofing has been doing business in Boca Raton for the past seven years. In May, Lot 7, Block A, Sunny Acres Subdivision was purchased just prior to being annexed into the City with the intention of remodeling the buildings on the property in order to house its growing business. The first site plan was submitted in July of 1988, all necessary permits were applied for and have been approved. That site plan was returned and a second site plan was submit- ted in October of 1988, with modifications requested by the City, which was returned along with the engineering drawings with new requirements. That was amended and has now been returned for additional consent of an abandonment and for specific landscaping. As of now, it is his under- standing they are being held up by the City Planner based on the opinion they cannot be issued the permit. He feels the opinion of the City Attorney should be upheld. Mayor Campbell directed the City Manager to respond to the Commission with a brief memorandum relative to the allegations and, as a followup, if any Commissioner feels any further interpretation or relief might be appropriate, it can be put in as a request for consensus discussion at the next workshop meeting. The City Manager clarified there is no difference of opinion between the administrative staff and legal staff and this information has been related to the owner on several occasions. He feels the response might more appropriately come from the City Attorney. Mayor Campbell suggested if a Commissioner wishes further information, they should contact the City Attorney. 8.3. Emidio Papa, 2765 N.E. 24th Street, Lighthouse Point, stated he owns a ten-unit apartment building located at 211 S. Swinton Avenue in Delray. He has been living with an unfinished roof problem for one and one-half years with no satisfaction from the City. He questioned if his problem comes under the designation of a code violation. Mayor Campbell requested the City Manager to respond to the Commission with a memorandum by next week as to whether or not the City has any interest in the matter and can assist Mr. Papa if there is an improper non-licensee on the job. 9. Mr. Weatherspoon requested Item No. 32.B. be removed from the Consent Agenda and placed at the end of the Regular Agenda and Addendum Items 19a. and 19b. be added at the end of the Regular Agenda. Mr. Weatherspoon moved to approve the agenda as modified, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. FIRST READINGS 10. Ordinance No. 4-89: Ordinance No. 4-89, amending Chapter 70 "Traffic Regulations" of the Code of Ordinances prohibiting trucks or trailers on Atlantic Avenue between Swinton Avenue on the west and southbound U.S. Highway No. 1 (N.E./S.E. 5th Avenue) on the east, is before the Commission on First Reading. If passed, Public Hearing will be held February 14th. The City Manager presented Ordinance No. 4-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE"; BY AMENDING CHAPTER 70, TRAFFIC REGULATIONS, GENERAL PROVI- SIONS, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; BY ENACTING A NEW SECTION 70.02, "TRUCK AND 6 1/24/89 TRAILER PROHIBITION ON CERTAIN PORTIONS OF ATLANTIC AVENUE"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 4-89 on First Reading, seconded by Ms. Horenburger. Ms. Horenburger questioned if this referred to any and all trucks and trailers on Atlantic Avenue between Swinton and U.S. 1. The City Attorney confirmed there will be no traveling or parking of vehi- cles as defined in the Florida Statutes. Upon question, the City Attorney advised UPS or Federal Express trucks would not be permitted, but will be expected to use the alleys. Upon question by Mr. Weatherspoon relative to parades, the City Attorney advised exemptions are allowed for those activities such as the noise ordinance, outdoor music and trucks that can be handled on a case by case basis. The City Manager stated the full cooperation from the merchants is expected. Mayor Campbell stated the Brinks trucks are the only ones allowed, as it is his understanding there is a regulation that they can only park within sight of where they enter a building. Chief Kilgore stated this issue has been resolved, as a space has been designated for armored car service. Upon question, the City Attorney advised the amendment can be added on First Reading to allow the armored car service without going into the caption. Mr. Weatherspoon amended his motion to include the amendment, Ms. Horenburger amended her second. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. REGULAR AGENDA 11. Reservation of funding for Auburn Trace Housing: The Commis- sion is to consider approval of funding totaling $968,000 from the unencumbered fund balance to serve as a local match ($768,000) for the UDAG award and to pay for certain offsite capital improvements ($200,000) associated with the Auburn Trace Housing Development. The City Manager stated this is in conjunction with the UDAG Grant and the contract with the Auburn Trace Joint Venture group. One of the items to be discussed is the status of the application to UDAG; the money is to be set aside from the unencumbered fund reserve and there is a memo from the Director of Finance recommending the source of funding at this time. Mayor Campbell stated it is his understanding the money is not going to be immediately needed. Upon question by the City Manager, Lula Butler, Director of Community Improvement, stated the schedule of disbursements for funding has not yet been finalized but, according to the Grant agreement, they propose to use the majority of the money for the actual building construction. This means it will not be immediately needed for onsite improvements. Mayor Campbell asked for clarification that subsequent to the allocation set aside, there will be $2,045,000 left in the unencumbered surplus balance. He also questioned if there will be a cash flow or purchase monies coming into the City once the contract commences. The City Manager advised that is correct it will be over a 15 year period. Ms. Butler advised the initial cash deposit is $65,000 but there will be additional cash from the land sales. Assistant City Attorney Kurtz advised there is also a cash flow out on the purchase of the land from the Housing Authority. There will be an annual payment of $15,000 a year on the land, which will go back to the Housing Authority. He clarified that the unrestricted fund balance is at 6.9% and stated this needs to be done at this time because a firm financial commitment needs to be provided to HUD and eliminate it from the budgetary process. Upon question by Ms. Horenburger if the City was aware of the restriction at budget time, the City Manager explained that initially there was a total of $750,000, which was dropped to $500,000, then eliminated and it was decided to address it if -7- 1/24/89 or when the time came. Ms. Horenburger questioned if there has been an increase in the balance of the unrestricted fund. The City Manager stated it is higher than anticipated at budget time because of addi- tional interest earnings due to the higher balance and the higher prior year surplus. Assistant City Attorney Kurtz stated the $968,000 will remain in the City coffers until drawn on. Mayor Campbell questioned what the anticipated addition will be to the unencumbered surplus to be added prior to the next fiscal year. The City Manager stated the only additions would be on the unanticipated sales of property or other unexpected windfalls and at this time there is no projection. Upon question by Mayor Campbell, the City Manager stated any interest accrued goes into miscellaneous revenue. He also stated the monies that come in over the 15 year period will be drawn as revenue coming into the City and can be used as a General Fund revenue source. Assistant City Attorney Kurtz advised that after a motion is entertained on this issue, Mr. Hinners would like to present a gentleman from the National Housing Partnership. In the land sale contract entered into with Auburn Trace Venture, there was a provision that stated if the partnership was to be expanded or interest traded off within the partnership, they would need to come to the Commission for approval. They are presently negotiating with National Housing Partner- ship to include them as a general partner. Mayor Campbell stated when the project was first approached it was anticipated that the land sale and the City's contribution would be a "wash". It was only after the final proposal was approved, that the City allowed that to be strung out over 15 years instead of that money coming back to create a no-impact on the budgetary process. However, after careful analysis of net return to the City, it was deemed to be a good thing. Assistant City Attorney Kurtz stated it was realized that prior to the Grant being received, there would be some cash flow impact. At that time, a period of five to seven years was discussed as a payback time in the amount of about $200,000 a year. Tom Hinners, representing Auburn Trace Joint Venture, stated in their proposal it was indicated that the National Corporation of Housing Partnerships would probably be their property management firm. Negotia- tions are currently underway and a representative from that office in Washington, D.C. is here tonight to present the Commission with some facts from his firm. The representative gave a brief history of the organization, its purpose and holdings. He stated that he and his representatives will return in two or three weeks to discuss this in detail. Ms. Horenburger moved for approval to allocate from the unen- cumbered surplus funds, a sum of $968,000 to be utilized as the City's matching share in offsite improvements in the Auburn Trace project with payback funds to go into the unrestricted fund balance, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 12. Conditional Use Request (CU 6-275): The Commission is to consider a Conditional Use and attendant site plan for Fronrath Chevrolet for an auto related use north of S.E. 3rd Street. The P&Z Board recommend denial for the following reasons: 1. Fails to meet the minimum depth area required by the Code of Ordinances Sections 173.510(A) (a) & (c) and 173.510 (A) (1)(d). 2. Fails to be consistent with Visions 2000 Policy Statement addressing auto uses between S.E. 3rd Street and N.E. 4th Street along Federal Highway. 3. Fails to be consistent with Land Use Policy Guides with respect to transitional zoning around the CBD. 4. Fails to be consistent with the Community Redevelopment Plan which shows GC uses north of S.E. 3rd Street. -8- 1/24/89 The City Manager stated this was postponed from the January 10th meeting. Upon question, Mr. Kovacs advised the applicant was notified the item was on the agenda for tonight. The applicant informed him they were going to withdraw so he notified them to do this in writing. To his. knowledge this has not been done, therefore he is recommended denial. Mayor Campbell stated after reviewing the memo, he would caution the Commission with regard to official recognition of the Visions 2000 policy as it has never been adopted as an official policy statement of the City. Mr. Weatherspoon moved for approval of the Conditional Use request for Dennis Fronrath Chevrolet, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Horenburger - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 0 vote. 13. Final Plat - Barwick Ranch Subdivision: The Commission is to consider approval of a final plat for Barwick Ranch Subdivision, located on the west side of Barwick Road, across from the entry to Banyan Creek Elementary School. The City Manager stated this item was heard last night by the P&Z Board and certification of the final plat was recommended, subject to compliance with the following items: a. Subject to the installation of the water main along the north side of Palm Ridge Blvd. b. Subject to Engineering Plat items #1 through #17. c. Subject to the Technical Review items #1 and #2. d. Subject to acceptance and signoff of water, sewer, drainage, and paving plans including permit approvals from SFWMD, LWDD, DER, and Palm Beach County Health Department. Mr. Kovacs stated this project is on the acreage south of Palm Ridge Road and consists of 28 Single Family R-1AA lots. One item that arose last night at the P&Z Board meeting relative to the south property line consists of an existing 20-foot easement which contains a dirt road and services many homes. The P&Z Board requires an additional five feet of dedication, plus that 20-foot easement to get half a street in this area. At such time as there is further development to the west that can access off Barwick Road, it will be necessary to acquire property for the rights-of-way and install a street. There is no street between this and Military Trail. If there is no further development there is no need for the road, but if there is development, that developer must run utilities and a street system. To complete this street system, 25 feet will be taken off the property to the south along the property line. The property owner of that parcel indicated at the meeting last night that he felt that was improper and that the entire 50 feet should come from the property to the north, because taking 25 feet from his property will place a road underneath his window. Upon question by Mayor Campbell, Mr. Kovacs stated there is a potential for a subdivision west of this property with no public access off Barwick Road except Palm Ridge Road. Mr. Kovacs confirmed Mayor Campbell's question that since there is no commitment for development at this time, this is mainly to pre- serve the possibility that there will be another road in the future if the need should arise. Ms. Horenburger expressed a desire to hear from the property owner with regard to the road location. Ernest Simon, Attorney representing Mr. & Mrs. Brisson, owners, questioned why the City is taking the extra feet from the present developer if there is going to be no road. He suggested that the 20 feet that presently exists as an easement to the land to the west is not available for development, but is instead a 20-foot road. The owner of that property stated at the P&Z Board meeting last night it was his -9- 1/24/89 original intention to keep the road from going all the way to Military Trail. It is simply a 20-foot easement to serve the ranchettes to the west of Barwick Road. That 20 feet is not available to the developer. The Brissons do not want the City to set up a master plan that will take 25 feet off their house and land to accommodate a development. He urged the Commission to deny the plat. Upon question by Ms. Horenburger, Mr. Kovacs stated the title of the property is in the name of the developer of Barwick Ranch Sub- division. She does not understand why the City wants to take five feet from the north side and 25 feet from the south side to obtain the right-of-way. Mr. Kovacs explained the property line runs due west. If the City states that the total right-of-way falls north of that property line and requires that all the property owners north of that line give 50 feet those people will object; if the City states all the property owners south of that line give 50 feet, those owners will object. So to resolve this, 25 feet is taken from either side. Mr. Weatherspoon stated he feels that since the property owners to the south are currently living there, and the other parcel is still to be developed, it would be more feasible to obtain the land needed from the property owners to the north prior to development. Mayor Campbell stated he does not feel it is the burden of this property owner to bear the full responsibility for a road. The issue is whether or not there may be in the future some possibility for the need of an additional road off Barwick Road to service a large piece of property. If there is a good plan to provide access off Barwick Road, other than the one that currently exists, that possibility should be met with as little impact on the tax dollars of the City as possible by requiring an equitable 25 feet off the bottom part of this property. If the road should be built in the future, the question arises as to where the balance of the right-of-way will come from. If the full 50 feet is taken from this property owner, that isn't an equitable burden consider- ing he is not causing any of the growth for which that road is being put in. The City Attorney stated that not only does this present a policy dilemma, but the limits are being pushed on free dedications. Ms. Horenburger stated she had in mind taking the dedication of 25 feet and perhaps paying for an extra 10 feet and allowing the man on the south to give less of his property so, in the event the road event- ually does come, it is not directly under his window. Mayor Campbell stated that could cost the City several hundred thousand dollars in the value of a lost lot to this man right now, with no road, and he is not willing to pay up front this kind of money to get an extra "maybe" road someday. Ms. Horenburger moved to postpone this item for consideration on a vote to February 14 and place it on the workshop agenda for January 31, seconded by Mr. Weatherspoon. Mayor Campbell suggested it then be put on the Consent Agenda after the workshop. Mr. Weatherspoon stated that hopefully Staff will have some input on options. Mayor Campbell stated a road has not yet been agreed on. The applicant stated they have already proposed a southern entrance and it was rejected through the City. So they went through the center and were asked to give an additional five feet for later use, which they did. They put in water and sewer, sidewalks, and landscape at a cost of nearly $100,000 all to the benefit the City. Upon question by Ms. Horenburger, the applicant stated it was rejected by the City Planners. Upon question by Mr. Kovacs, the applicant stated they had an entry to the south that went along the common property line and -10- 1/24/89 Engineering rejected it; however, this was not submitted as part of the first sketch plan. Mayor Campbell questioned if the applicant had made the main roadway entrance into his subdivision that could be extended, would this have solved both problems. The applicant stated that was their initial plan because they were going to buy the five acres next to them, but the deal did not go through. They were afraid there, would be a major intersection at that point which would create a conflict with the entrance. Mr. Kovacs stated if what he is hearing is that the applicant is willing to put a road along the south property line of his property, that is much in keeping with what the City would want to see. The City Manager stated that he understands there is some concern about getting this done before the first of February. The applicant stated they need to know by the end of the month because they have to close on the property. The City Manager asked if the Commission would be willing to call a Special Meeting for this particular item for the 31st of January. Mayor Campbell stated there may be other items to generate a workshop meeting. Mr. Weatherspoon made a substitute motion to postpone this to a Special Meeting on next Tuesday, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 14. Withdrawn 15. Retention of Outside Counsel: The retention of Swann& Haddock as outside consulting law firm to assist in monitoring and preparing defense for the City in claims from Procacci Development and from Mary Brown is before the Commission for consideration. Mr. Weatherspoon moved for approval of the retention of Swann& Haddock as outside counsel in monitoring and preparing the defense for possible Auburn Trace lawsuit, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 16. Approval of Land Use Amendment Schedule: The Commission is to consider approval of a schedule for major and local amendments to the Comprehensive Land Use Plan 89-1. The City Manager stated this is a proposed schedule which essentially cuts off any items that would be amending the current Land Use Plan, the dates being February 3 for private and February 28 for City-initiated amendments. Upon question by Ms. Horenburger, Mr. Kovacs stated the only ones currently scheduled are Marina Cay and the acreage east of the proposed Albertson's to change the zoning from office to commercial. Mayor Campbell questioned the time difference between the ones that are moving now, and will continue to move, versus when the City's plan is formally adopted. Mr. Kovacs advised that July or August will be the effective date. Mayor Campbell noted that any special items could suffer a delay from August until December by being included in City-initiated amendments. The City Attorney confirmed the only paid application is Town Center. Ms. Horenburger stated unless there is an emergency, she cannot understand why everything cannot go into the overall planning process. Mayor Campbell stated if a person owns a piece of property and wants to do a development, it hardly seems fair that the City can direct every- thing to be placed on hold because they are too busy. He also suggested that there may be a project that the City is eager to encourage. Mr. -11- 1/24/89 Kovacs advised that option should be kept open; the action the City would want to take would be not to issue any amendments now. The Comprehensive Plan is one amendment the City is allowed, along with one other. If the City uses the other amendment that is allowed then there is nothing until 1990. Upon question, the City Manager stated the Comprehensive Plan Amendment cannot be done on December 31, do Town Center, Parcel B sepa- rately, and allow some flexibility for a third Plan Amendment. The State is considering a State mandated Comprehensive Plan Amendment to the existing plan. Mayor Campbell stated, in 1989, some are being processed that can be done this summer and the second phase will be in December, so the City could theoretically have 100 this summer and 100 in December. Mr. Kovacs explained the Comprehensive Plan Amendment being done by the City is going to take a full six months because when it is submitted, it will be critiqued and the City will be told they have 60 days, another hearing and then there will be another review period. There is a longer review period on the Comprehensive Plan because it is so big. Mayor Campbell suggested perhaps the application process should be extended from August to the end of September and accept none after that. The City Manager stated the Commission does not need to take any action on this item unless they want to do Town Center. If the Commis- sion wants to reserve the option to do another item, then do nothing and let Town Center become a part of the normal process. Ms. Horenburger stated she feels the position should be taken that there will be no Comprehensive Plan Amendment until the Commission deems one necessary and reserve the right to do so at such time. The City Attorney advised the Commission to state that their policy is not to process anything independently and they should use the other chance to get included in the Comprehensive Plan Process. In an emergency the City would have that in reserve, as opposed to saying there is no time now. The basic policy concept is that the City is not going to use the other occasion, but use it as an emergency item in the manner of an Unrestricted Fund balance for an emergency. Ms. Horenburger moved to approve a policy not to process anything independently, but reserve the right to use it as an emergency item in the manner of an Unrestricted Fund balance, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 17. Comprehensive Plan Review Schedule: Approval of a schedule of joint work sessions with the Planning & Zoning Board to review informa- tion and documents leading up to the Comprehensive Plan is before the Commission for consideration. The City Manager stated this is a combination of the two proposals offered starting on February 16. It is the only modification that melds the two options staff had originally presented to include input from the five task team leaders. In a discussion with Mr. Kovacs, he suggested on February 23 that an ad hoc committee be formed, consist- ing of the Mayor, the City Manager, the Chairman of the P&Z Board and one of the task team members to make sure the items coming before the Commission are worthy of being included in the draft amendment. The schedule is as follows: February 16: 1. Major Land Use Map changes. 2. Concurrency issues. 3. Schedule of Capital Improvements. 4. Capital Improvement financing program. 5. Major programs and activities. February 23: -12- 1/24/89 1. Ten minute presentations by each of the six Task Team leaders and where there was no task team leader, staff to present major needs, activities and programs identified in the element. 2. Round table discussion addressing the goals, objectives, policies and other aspects of the Comprehensive Plan elements. March 2: Indepth review of Land Use Map designations; goals, objectives and policies of Land Use elements; and Land Use implementation program. March 9: Indepth review of Capital Improvements element; schedule of Capital Improvements; financing program; and the monitoring and evaluation program. March 16: A review of directed changes to the draft document. A report from the Ad Hoc Committee comprised of the Mayor, City Manager, Chairman of the P&Z Board and one Task Force Team representa- tive will be presented. This committee will review the draft documents and "weed out" inappropriate policies and identify those with insignificant policy implications. Although changes will be directed throughout the process this will assure that each change is cataloged and that, additionally those which have been unresolved can be addressed. Should additional meetings be needed beyond March 16th they can of course be scheduled on subsequent Thursday nights. Ms. Horenburger moved to approve the work sessions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 18. Valentine's Day Dinner Dance: The Commission is to consider a request from the Atlantic Avenue Association to conduct a Valentine's Day Dance on February llth to celebrate the completion of the first phase of the beautification of Atlantic Avenue and approve overtime services provided by the City staff in the amount of $820. Ms. Horenburger moved for approval, seconded by Mr. Weatherspoon. Mr. Weatherspoon questioned why the City needs to supplement the expenditures. Bill Hurd, Chairman of the Atlantic Avenue Association, stated the purpose of the Dinner Dance is to celebrate the renewed Atlantic Avenue and is not designed as a profit-making situation. Tickets are being sold, with the overage being used to cover expenses. It is being sponsored by the Atlantic Avenue Association, the Downtown Development Association and private businesses and is open to the public. Mr. Weatherspoon stated he would prefer that the Atlantic Avenue Association come before the Commissioners after the celebration for the balance of the expenses, rather than upfront. Mr. Hurd stated there is no net income anticipated from this project. Deborah Wriqht, member of the West Atlantic Property Owners Association, stated they feel the payment of overtime services to City employees is hypocritical. They support the nominal amount of $820, but are waiting until West Atlantic Avenue is upgraded and their day to dance in the street comes. Ms. Horenburger made a substitute motion to approve the request authorizing the street closing and staff assistance for the Atlantic -13- 1/24/89 Avenue Association Valentine Day Dinner dance and agree to reimburse costs up to $820 for staff overtime if the event does not raise enough funds in ticket sales to cover expenses, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 19. Approval of Format and Criteria for Evaluation of City Manager: Approval of format and specific criteria to be used in evaluation of City Manager performance is before the Commission for consideration. Mayor Campbell stated this has been discussed at workshops and the Commission has agreed that a basis would be the report done by the City of West Palm Beach. Mr. Weatherspoon expressed a concern about the weights portion and questioned if the City Manager has any suggestions or changes he would like to see included. The City Manager stated he does not disagree with the weights portion, except for the fact that Goals and Objectives in the work program, which he presumes is the budget, are given 5's and he is not sure there are any that have been agreed upon. He had a question relative to prospective or retrospective; i.e., would that instrument be used from now forward through August, at which time it would be re- viewed, or would the Commission anticipate using the goals and ob- jectives that were set in April. The City Manager also expressed the hope that there would be a consensus evaluation from the Commission prior to the one-on-one discus- sion opposed to five separate evaluations. Mayor Campbell expressed a desire to have a one-on-one first. The City Manager stated it is a Commission evaluation, not a Commissioner evaluation, so suggested on the item "Specific Work Projects" that the Commission make their evalua- tion and collate it into a single document that everyone can talk from. Mayor Campbell stated it was his hope that the questions and discussions would allow each Commissioner a one-on-one response on each item, not a total point response. He would like to see the Commission utilize, on a one-to-one basis, the questions, format, etc. but instead of giving a total number of points, each item would be discussed with the City Manager, allowing each Commissioner an opportunity to air their feelings and then collate the general opinions. Ms. Horenburger questioned exactly what Item No. 5, Special Projects, referred to. She feels each Commissioner may have a certain project to be discussed. Mayor Campbell stated he feels this should be interpreted to indicate the manner in which the City Manager has handled certain special projects which the Commission has chosen prior to discussion. Mr. Weatherspoon suggested that the City Manager provide the Commission with five projects that he feels have been special and if the Commission concurs, those will be the projects for discussion, along with any special project a Commissioner might want to discuss. Mayor Campbell stated he did not see the response to the specific job definitions as set out in the Charter and the Ordinances and would like that added as an additional item of consideration. He requested that everyone reread the chapter on the Ordinances and the Charter with regard to the job description that might have been adver- tised. He also suggested that the City Manager begin calling the Commissioners and giving everyone a week before arranging interviews. Mr. Weatherspoon moved to approve the format and specific criteria, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 32.B. Award of Bids and Contracts for Vehicle Body Work Repairs: The Commission is to consider an award of bid or contract to Dan Burns Oldsmobile, Inc., at $21.90 an hour and 18% off for parts with funding to come from user departments line item for Repair and Upkeep - Automo- tive. -14- 1/24/89 Mr. Weatherspoon questioned if any of the six bids sent includ- ed a minority. Assistant City Manager Barcinski named the companies who received bids and explained these were sent because they always submit a bid while some of the others do not. Mr. Weatherspoon noted that there is one body shop who has serviced the city vehicles and he did not receive a bid. He suggested the City should reconsider and go back and redo the bid. Mr. Weatherspoon moved to reject the bids and rebid the item, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Before roll call the following discussion was had: Mayor Campbell expressed the hope that the vendor would under- stand that this is a fairness procedure. Ms. Horenburger questioned why the City chose only one, as opposed to a rotating procedure similar to that used for the towing companies. The City Manager explained that it is a cost-effective matter. Assistant City Manager Barcinski stated much of the work is under insurance and there may be a problem with rotation. The City Manager advised it is a combination of the quality and timeliness of the service, the ability of the company to deliver and the cost. He re- quested this item be postponed to February 14, allowing time to review the bid procedure, who was contacted and look specifically at the vendor referred to. By reopening bids, it places the current low bidder at a definite disadvantage. Upon question by Ms. Horenburger, the City Attorney advised that the City has stated they are willing to pay $22.00 an hour so they could request a reply from those companies interested. Mayor Campbell stated if a motion to reject the bid is to be made, he suggests an addition be made requesting staff to prepare a basis for general bidding for future work that can be spread around. The City Attorney advised the bids must be rejected, but a bid can be resubmitted in a reverse manner. Mayor Campbell suggested the bid be rejected and he directed the City Manager and staff to review the issue and make a recommendation to the Commission. If there was an error or impropriety made with regard to any other agency that was interested, then the bidding will be reopened. At this point the roll was called to the motion. 19.a. Trash Receptacles: The Commission is to consider a request from the Atlantic Avenue Association for trash receptacles to be in- stalled east of the Intracoastal along Atlantic Avenue. The City Manager stated this request came from Mr. Hurd and the Pineapple Grove people on 2nd Avenue. Mr. Hurd stated they are requesting 16 trash containers to be purchased and maintained on Atlantic Avenue between the Intracoastal and A1A, as there are none there now. Upon question, Mr. Hurd stated there are proposals for four different styles, the first being the wood type like the DDA purchased in the downtown area. The range is from $2,700 to $4,400. Mayor Campbell suggested that since the City is receiving the $190,000 additional grant from the State regarding the two interchange improvements and the City is not required to use $190,000 on more trees or beautification, the City could theoretically view that as a net savings and allocate a set sum for the two streets with the understand- ing there will be some leeway when the grant arrives. He recommended authorizing the City Manager to appropriate an additional sum not to exceed $15,000 for additional containers on 2nd Avenue, West Atlantic -15- 1/24/89 and East Atlantic Avenues to come from the Beautification Fund. The Commission concurred. After discussion, the Commission agreed upon option 2 of the January 24th memo from Assistant City Manager Barcinski to the City Manager. Ms. Horenburger moved for approval of the appropriation not to exceed $15,000, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 19.b. Charter Amendment: The Commission is to consider a Charter Amendment regarding the method of selection of the City Commissioners. Mayor Campbell stated there is a petition being circulated with regard to a Charter Amendment. The issue presented was, that at the point when the amendment has the required number of signatures and an election becomes necessary even if it falls subsequent to March, it could possibly cost the City up to $10,000 for a Special Election. The City Attorney advised this is correct, assuming all the requisite things have been complied with. There is a procedure in the Charter to require the City to conduct a Special Referendum Election on Charter changes, assuming all things go that far. Mayor Campbell stated rather than confront that possibility, it can just be placed on the ballot and there would be no cost effect. Mr. Weatherspoon stated his concern is that the initial request came from the community and not just a small interest group. Now, as he understands it, they will have the required signatures and while they may not make the March Election, the Charter has a provision that enables them to require a Special Election rather than cause the addi- tional expense. He would support placing the item on the ballot. The City Attorney cautioned the Commission as to exactly what will happen. If a petition successfully obtains the required number of certified signatures, the Commission can potentially adopt the ordinance at that point, without the Charter going to the referendum. There are two ways a referendum would happen: 1) the Commission does not adopt anything now, a petition is successfully obtained and the Commission has 60 days within which to decide whether the ordinance should be adopted as proposed with no changes. 2) If the Commission states it can not be adopted as written, then the Commission will be required to submit it to Special Election. However, it can be adopted at that point if there are no changes made to it as a Charter Amendment. Upon question by Ms. Horenburger, the City Attorney advised the Commission can change the Charter by ordinance, if the required number of signatures are obtained. The Commission would adopt, at First Reading, an ordinance that would put it on referendum for the March ballot. That Ordinance, at Second Reading, would contain the ballot question and would then go to Jackie Winchester to be put on the ballot that will be distributed at the City Election on March 14th. Mayor Campbell suggested that staff prepare an ordinance on the basis of what the Commission discussed tonight and notice it for consid- eration on First Reading at the Special Meeting on Tuesday and review it at that time. The Commission concurred. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 20. Resolution No. 2-89: Resolution No. 2-89, assessing costs for abating nuisances by removing junked and/or abandoned vehicles from four parcels at various locations throughout the City, is before the Commis- sion for consideration. The caption of Resolution No. 2-89 is as follows: -16- 1/24/89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 2-89 is on file in the official Resolu- tion Book) 21. Resolution No. 3-89 Resolution No. 3-89, assessing costs for abatement action required on 34 parcels of property at various locations throughout the City is before the Commission for consideration. The caption of Resolution No. 3-89 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; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING 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 ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 3-89 is on file in the official Resolu- tion Book) 22. Resolution No. 4-89: Resolution No. 4-89, declaring acquisi- tiOn of Lot 21, Block 49, for use as a well and water pumping station, authorizing employment of appraisers and authorizing filing of eminent domain proceedings, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 4-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING ACQUISITION OF LAND FOR USE AS A WELL AND WATER PUMPING STATION IN THE CITY OF DELRAY BEACH IN PALM BEACH COUNTY, FLORIDA, TO BE A PUBLIC NECESSITY; AUTHORIZING THE EMPLOYMENT OF APPRAISERS; AND AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS. (Copy of Resolution No. 4-89 is on file in the official Resolu- tion Book) 23. Site and Development Plan - City Hall Expansion: The Commis- sion is to consider approval of the site and development plan for the City Hall expansion project. Approval is recommended. 24. Acceptance of Utility Easement - Portion of Tract Z, Estates III, Hamlet: The Commission is to consider the acceptance of a 12-foot easement from the Hamlet Residents Association, Inc. for relocating a part of a sanitary sewer main which is maintained by the City. Approval is recommended. 25. Acceptance of Gloria Batz offer to settle a Claim: The Commis- sion is to consider a voluntary settlement offer in the amount of $5,000. Approval is recommended. -17- 1/24/89 26. Delray Town Center vs City of Delray Beach: The Commission is to consider approval of a settlement stipulation regarding Delray Town Center. Approval is recommended. 27. Revised Rules for Board of Construction Appeals: Approval of revised rules and regulations for the Board of Construction Appeals is before the Commission for consideration. Approval is recommended. 28. Pollworkers: The Commission is to consider the appointment of clerks and inspectors for the March 14, 1989 Election. A sufficient number will be selected by the City Clerk to conduct the upcoming election. Approval is recommended. 29. Appropriation of Fundinq and Approval of Purchase of Emergency Equipment for unmarked Police Units: Approval to purchase additional emergency equipment for unmarked Police units in the amount of $6,500 and appropriation of funds to come from the Law Enforcement Trust Fund, Account Nos. 112-2171-521-60.89 and 112-2171-521-35.15, is before the Commission for consideration. Approval is recommended. 30. Temporary. Tent - Cason Cottage: A request from the Historical Society for a temporary tent to be erected for one day, January 28th, for the Cason Cottage Museum's grand opening, is before the Commission for consideration. Approval is recommended. 31. Temporary Tent - Red Carpet World Travel: The Commission is to consider a request for a temporary tent to be erected for one day, March 15th, located at 900 East Atlantic Avenue from the hours of 4:00 P.M. to 6:00 P.M. in celebration of Red Carpet World Travel's 20th Anniversary. Approval is recommended. 32. Award of Bids and Contracts: A. Long Distance Carrier for City Pay Phones - U. S. Sprint - City receives approximately $2,000 per year; 8% of operator-assisted long distance telephone charges. C. Four IBM PS/2 Computer Equipment and Software for Fire Department - Not to exceed $20,000 to be appropriated from the Utility Tax Fund to Account 333-2311-522-60.57. D. Amendment to Keller Consulting Contract re Traffic Element - Walter H. Keller, Jr. - $7,700 with funding to come from Account 001-2511-515-33.15. Ms. Horenburger moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 33.A.1. Mr. Weatherspoon questioned the status of the Golf Course options with regard to letting bids or renewing the existing contract. The current lessee, on receipt of a letter from the City Manager, is under the impression the Commission has decided to put the Golf Course up for bid. He feels there should be a follow-up memo to reflect that the Commission will be reviewing options and workshopping the item. Mayor Campbell questioned why there is such a hurry when this contract does not expire until December of this year. Upon question, Assistant City Manager Barcinski advised the City is required to notify the lessee 180 days prior to expiration. The City Manager stated this workshop item will be postponed until after the election. Mr. Weather- spoon requested that the City Manager inform the lessee of this in his memo. 33.A.2. Ms. Horenburger questioned the number of contracts the City has with Waters and Trego, along with the total cost. The City Manager stated there are three contracts, one original and two amendments. Assistant City Manager Barcinski stated he would call her with regard to the total amount. 33.A.3. Mayor Campbell stated he would like to make a correction in the Manager's Report concerning the Commissioner's offices in City Hall. They are going to be formal offices, not working offices. -18- 1/24/89 33.B. There were no Non-Agenda items from the City Attorney. 33.C. There were no Non-Agenda items from the City Manager. Mayor Campbell declared the meeting adjourned at 10:40 P.M. ATTE S T: .... MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of January 24, 1989, which minutes were formally approved and adopted by the City Commission on ~ /~ /~,~ ? . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -19- 1/24/89