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02-14-89 FEBRUARY 14, 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 7:00 P.M., Tuesday, February 14, 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 City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Phipps, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.A. Mayor Campbell read and presented a proclamation proclaiming February 19, 1989, as "Pythian Founders Day" for the Boynton-Delray Lodge #206. 4oB. Mayor Campbell read and presented a proclamation proclaiming February 19, 1989, as "Pythian Founders Day" for the Atlantic Lodge #217. Harry Wilson came forward to accept the proclamations on behalf of both lodges. 4.C. Mayor Campbell read and presented a proclamation calling for a first nonpartisan election to be held on Tuesday, March 14, 1989, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. 4.D. Mayor Campbell presented a proclamation proclaiming February 19th through February 25th as "Surveyors Week". Nick Miller, President of the Palm Beach Chapter of the Florida Society of Professional Land Surveyors, came forward to accept the proclamation. PUBLIC HEARINGS 5. Ordinance No. 4-89. Ordinance No. 4-89, amending Chapter 70 "Traffic Regulations" of the Code of Ordinances prohibiting certain 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 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. 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 TRAILER PROHIBITION ON CERTAIN PORTIONS OF ATLANTIC AVENUE"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 4-89 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. Ms. Brainerd moved for the adoption of Ordinance No. 4-89 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon question by Mayor Campbell if the ordinance includes the exception for armored car vehicles, the City Attorney advised it has exceptions only for governmental vehicles. Mayor Campbell stated when they discussed this at the workshop meeting they decided to also include armored car vehicles. The City Attorney advised this could be added into the motion as it would not affect the caption. The ordinance would be amended to read "No trucks or trailers (except such vehicles provid- ing emergency services or performing governmental service on behalf of the City, Palm Beach County, or the State of Florida) and further excepting armored car vehicles .... " Ms. Brainerd amended her motion to include the amendment, Mr. Weatherspoon amended his 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. PROCEDURAL ITEMS 6.1. Elizabeth Matthews, 1024 White Drive, stated she feels com- pelled to speak with outrage about an editorial which appeared in the Sun-Sentinel last Friday. The editorial stated that the Commission has no understanding of ethics and they are accepting favors from a develop- er who does business with the City. She hopes that the Mayor and City Attorney will respond to the newspaper and explain the facts for the public. She feels that what was done by the Commission was totally appropriate in lobbying for the City's interest. 6.2. Alice Finst, 707 Place Tavant, stated that seven or eight years ago she served on a committee known as the Congress Avenue Corridor Committee. They met for a number of sessions and discussed what they expected would be done for landscaping on Congress Avenue. They wanted zero-scaping which included no irrigation, no grass, trees which would bloom seasonally and ground cover. She hopes that when the Commission considers the awarding of contracts later on the agenda they will review what they are doing and remember what the Committee had to say several years ago. 6.3. Vie Hinchcliff, 1112 N.W. 4th Avenue, stated she was very disappointed to hear that the City Manager had reversed his position on the rating of the Police Chief. However, she is more disturbed to read all the flack he is getting about it in the newspapers. She firmly believes a lot of pressure was put on the City Manager to change his position. 7. Ms. Horenburger requested that Item 47.D. be removed from the Consent Agenda and placed on the Regular Agenda. Ms. Brainerd moved to approve the agenda, as modified, 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. 8. Ms. Horenburger moved for approval of the minutes of the Special Meeting of January 31, 1989, and the Regular Meetings of January 10, 1989 and January 24, 1989, 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. -2- 2/14/89 FIRST READINGS Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the chair. 9. Ordinance No. 8-89 Rezoning Request - Auburn Trace. Ordinance No. 8-89, executing City initiated rezoning on property located on the west side of S.W. 8th Avenue, between S.W. 4th and S.W. 7th Streets, extended westward from R-lA to RM to accommodate construction of low to moderate income housing units, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held February 28th. The City Manager presented Ordinance No. 8-89: 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 RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE WEST SIDE OF S.W. 8TH AVENUE, BETWEEN S.W. 4TH STREET AND S.W. 7TH STREET, IF THESE STREETS ARE EXTENDED WESTWARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 8-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 9-89 Rezoning Request - Flohr. Ordinance No. 9-89, rezoning property on the east and west sides of A1A (Ocean Boule- vard) between the Atlantic Ocean and the Intracoastal Waterway contigu- ous to Highland Beach from RM-15 to SAD, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 28th. The City Manager advised the representative has requested that the Commission entertain a postponement of this item until the next regular meeting. Ms. Horenburger moved to continue this item to the February 28th regular meeting, seconded by Ms. McCarty. Upon roll call the Commission voted as followS: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 10-89 Rezoning - Enclave 24. Ordinance No. 10-89, executing City initiated rezoning of eight areas in Enclave 24 from R-lA to RM-6 (Yake), R-lA to R-1A-C (Lot 18, Block E, La Hacienda), R-lA to RM-6 (Lot 4, Block C, La Hacienda), GC to RM-6 (Nitschke), R-lA to RM-6 (Costa Del Oro), LI to GC (Lots 8 & 9, Block 1, Kenmont), R-lA to R-1A-C (South of Bond Way), R-lA to CF (Lots B, C, D & E, Kenmont), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 28th. The City Manager presented Ordinance No. 10-89: 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 RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN R-1A-C (SINGLE FAMILY/DUPLEX DWELLING) -3- 2/14/89 DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED ART (AGRICULTURAL RESIDENTIAL TRANSITIONAL) DISTRICT IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT; REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT; SAID LANDS LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND GENERALLY LOCATED NORTH OF N.E. 8TH STREET, BETWEEN U.S. HIGHWAY NO. 1 AND THE INTRACOASTAL WATERWAY; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ludlow, owner of Lots 3 & 4, Block D, La Hacienda, stated he was out of town when the January 23rd Public Hearing was held and when he returned he found out they were considering rezoning his two lots from General Commercial to RM-6. He has owned the property for several years and was using the existing building as an office/warehouse until he was robbed several times. He then decided not to occupy the building until he was able to build a new office in which he would have the proper security. As a small building contractor, it would cause great hardship to have his property rezoned as he would have to relo- cate. He is requesting that the Commission consider leaving his proper- ty as GC. Michael Connors, representing Mrs. Yake who has property in this Enclave, stated he is requesting that the Commission accept staff's recommendation to place RM-6 on her property. David Kovacs, Planning Director, stated, with regard to Mr. Ludlow's property, that in this part of the Enclave they have applied the buffer theory where they have commercial properties along Federal Highway and to the east, single family properties. Mr. Ludlow's proper- ty was commercial in the County and when they annexed the property they annexed it primarily to the County zoning patterns. When they went back and looked at the Enclave in greater detail it was recommended that they apply the buffer designation. Discussion was had as to the rationale for deciding which lots become residential and which are commercial. Mayor Campbell returned to the Commission Chambers at this time. Ms. Horenburger stated she does not see why they should change Mr. Ludlow's lots from commercial to residential because of some "ra- tionale'' when some day, if someone else wants to do something with it, they can change it back to commercial again. Mr. Weatherspoon stated that Lots 1, 2 and 3, directly north of Mr. Ludlow's property, are zoned commercial. His lots are 3 and 4 which means he extends one lot further east than the other three. He would support the applicant's request and leave the property commercial. Mr. Weatherspoon moved for the adoption of Ordinance No. 10-89 on First Reading, leaving Lots 3 & 4, Block D, La Hacienda as General Commercial, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. -4- 2/14/89 Before roll call, Ms. McCarty stated she would not be able to vote on the motion as she feels it is a residential street and they need to look at their policy of buffering between residential and commercial. At this point the roll was called to the motion. SECOND READING 12. 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. 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. He advised that the Commission has already conducted their public hearing and it has been closed. It is now before them for consideration on Second Reading. Mayor Campbell questioned if it is the wish of the Commission to have the public hearing remain closed or do they want any further public comment at this time. Ms. Brainerd stated there are obviously people waiting to speak; therefore, she would entertain public comment. Mayor Campbell reopened the Public Hearing. Jay Slavin, Rainberry Bay, stated she would urge the Commission to not agree with the letter which Mr. Connors sent them asking that they postpone rezoning the Dorson property. She urged that they not hesitate in rezoning the property to POC. Michael Connors, representing the Dorsons, stated they are requesting that the existing Agricultural Transitional zoning remain in place. The City's Comprehensive Plan is being revised and the Zoning Code will be revised once the Plan is in place. They have been told that POC, LC and GC in residential districts will all be changed and no one really knows what POC will be within a year or what the other districts will permit. Therefore, they are asking that the Agricultural Transitional stay in place and once the plan is revised that can look at what will fit on the property and what will work best for the neighbor- hood. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 2-89 on Second and FINAL Reading, 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- 2/14/89 Mayor Campbell declared a recess the time being 8:00 P.M. The meeting was reconvened at 8:08 P.M. REGULAR AGENDA 13. Conditional Use (CU 6-283). The Commission is to consider the Conditional Use and attendant site plan for Mayfair Animal Hospital for a veterinarian use located on the east side of S.E. 6th Avenue, between S.E. 5th Street and S.E. 6th Street. The Planning and Zoning Board suggested the following conditions: 1. Floor area for the animal hospital will not be expanded beyond that initially approved. 2. Animals may be kept in the facility for only the period which is necessary for them to recover after surgery or other medical procedure. 3. No boarding or outdoor exercise areas may be allowed or provid- ed. Mr. Kovacs advised the applicant is proposing that the north part of the building be used for a veterinarian clinic and the south part for real estate offices. The parking lot would be upgraded to the City's Codes, the front of the building would be landscaped, and there would be no storage or keeping of animals on the outside. Dr. Jim Grubb stated they are going to go through with the purchase of the property no matter what as they feel it is a good investment. They would like to have the animal hospital and real estate office and fix up the property as the City would require. However, if they cannot occupy it they will rent it out; there are a lot of things that can go in there as it is zoned SC. He has been at his current address for five and one-half years and he does not believe there has been one complaint to the City about the animal hospital. Dr. Michael Ehrmann stated his office is adjacent to the Mayfair Animal Hospital and he has never heard one complaint from any of the other tenants. Art Ellerholtz, Barrton Apartments, stated all they are asking is that their building be protected. Adding an animal hospital in front of the building is going to depreciate their property. Doug Litecapp, an independent appraiser, stated that the people at the Barrton are concerned with the marketability of their properties and also protection. He feels that the possible uses which could be used at the new site would be a lot more adverse to marketability than an animal hospital would be. Dr. John Daly, President of the Barrton Condominium Associa- tion, stated they are opposed to the request for a conditional use which would establish an animal clinic. They feel that to place an animal clinic in this location is an inappropriate utilization of the land and not in the best interests of the nearby residents. Their Board of Directors voted unanimously to oppose the request and a petition ex- pressing the same opposition was distributed to the residents. Their objections are: (1) that the animal clinic could become a public nui- sance because of noise and dissemination of objectionable odors, (2) the animal clinic could present public health hazards because of poor sanitation with resultant health threats to nearby humans, (3) the first two items being true, their real estate values would suffer. Dr. Daly stated while the main thrust of their opposition is against the condi- tional use of this land, they are also concerned about the site plan as appearance in this residential area is important. They would hope, and expect, that the landscaping, building improvements, etc., would thor- oughly meet all Codes and standards to the extent possible. The City Manager advised that this item is for a conditional use request only; the site plan will still have to go before the Plan- ning and Zoning Board. Ms. McCarty moved to deny the conditional use request for Mayfair Animal Hospital, seconded by Ms. Horenburger. -6- 2/14/89 Mr. Weatherspoon stated that most of the concerns stated are concerns over what might happen; however, the applicant currently has a track record. He, personally, went there today, looked at the present facility and found no problems. Therefore, he cannot see how they can turn the applicant down. Mayor Campbell stated he would like to entertain a substitute motion to postpone this item for one week so that he can make an on-site inspection. Mr. Weatherspoon moved that they postpone this item until February 28th to give Mayor Campbell a chance to check out the facil- ities. Ms. Brainerd stated she has a problem with this as she feels they are looking at a 3-2 vote here and she will not be at the 21st or 28th meetings. She stated she has been to the facility more than a dozen times and she has never heard any animals barking. She appreci- ates the many letters they received from the Barrton; however, many of them seem to be a little misguided in that they were concerned about outdoor animal kennels. This is not even an issue, and, therefore, she is ready to move forward with this tonight. Upon question by Mayor Campbell, Ms. Horenburger advised that there are no outdoor kennels at the current Mayfair Hospital, nor could they have any. Mayor Campbell stated that this would have to be an additional covenant placed on the land by the owner. The City Attorney advised the covenant would be applicable to anyone who assumed the conditional use, otherwise it would lapse. Mr. Weatherspoon made a substitute motion to approve the conditional use request for the Mayfair Animal Hospital, subject to the conditions of the Planning and Zoning Board and that the site plan be referred back to the P&Z Board for review, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Ms. Horenburger left the Commission Chambers at this time. Mayor Campbell stated he has received a request to move Item 20 up in the agenda. Ms. Brainerd moved to amend the agenda to place Item 20 before Item 14, 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. 20. Waiver of Definition of Family. The Commission is to consider a waiver of Chapter 173, Section 173.001, Section 2 regarding definition of family. Mr. Weatherspoon stated, for the record, that he will not be voting on the first two items due to a conflict of interest. Mr. Weatherspoon left the Commission Chambers at this time. The City Attorney advised there are six different applications, two of which are by the same individual. Case #1 and #2 - 23 N.W. 12th Avenue and 34 N.W. 12th Avenue. Dorothy Weatherspoon, 33 N.W. 12th Avenue, stated she is before the Commission to ask if they would grant a waiver for some tenants she has in two single family dwellings. There are three people who fall outside of the definition of a family. One of the houses has eight bedrooms, the other has six bedrooms and there are seven people in each house. Therefore, there is not overcrowding in either of the houses. Ms. McCarty stated what they have here are adults who are the extra individuals in each of the six cases and the reason they are -7- 2/14/89 living where they are is because they cannot afford to go elsewhere. They are not talking about moving children out. Ms. Horenburger stated that technically they are not over- crowded because of the number of bedrooms; they are dealing with the problem of defining lineal relationships. Mayor Campbell stated he feels that when they discussed this, this is exactly the kind of situation they were trying to avoid. Ms. Brainerd moved to deny the request for Cases 1 and 2, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Mr. Weatherspoon returned to the Commission Chambers at this time. Case #3 - 311 N.W. 2nd Avenue. Lula Butler, Community Improvement Director, advised this case involves all adults living in the household. The applicant has advised that his brother would not be able to live financially on his own as they all contribute their money together to meet the monthly expenses. Ms. Brainerd moved to deny Case #3, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 3 to 2 vote. Before roll call the following discussion was had: The City Manager stated he feels they should make it clear that they are not intending to break up any family units and, if at all possible, it should not occur. Ms. Horenburger stated she could not vote for anything which would tell someone they would have to put his brother out of his house. Mr. Weatherspoon stated he had a problem with this ordinance in the first place because of situations like this. He feels that the ordinance is not worth the paper it is written on if it does not have the flexibility to help those who need it. They are fortunate that they do not have a lot of people living in the streets and would much rather have them live in a house which, by definition of the ordinance, is overcrowded. Ms. Brainerd stated she believes the ordinance does address hardship - they just define it differently. They are searching for a hardship like a child who cannot support itself or a handicapped indi- vidual who has a legitimate hardship and this is what she will look for in the ordinance. As the City Manager pointed out, there are other agencies with responsibility for providing housing for people who do face a financial hardship. The Commission, as she sees it, is charged with the responsibility of maintaining the integrity of their single family neighborhoods. Mr. Weatherspoon stated he feels it is the responsibility of this Commission to be lenient and flexible in areas where they can. Mayor Campbell stated he is somewhat disposed towards single brothers and sisters joining in the same household and perhaps this is an area they need to revisit. However, he would not relent with regard to cousins or married brothers and sisters. Upon question by Ms. Brainerd if any of these cases violate the Code based on the number of occupants per bedroom, Ms. Butler advised to her knowledge only the first two were not technically overcrowded based on the number of bedrooms. At this point the roll was called to the motion. -8- 2/14/89 Mr. Weatherspoon moved to waive the ordinance for Case #3, 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. Before roll call, the City Attorney stated his understanding of the Commission's direction is that they have a motion on the floor to grant a waiver of the applicability. It is to conditions which existed as of the adoption date of the ordinance only, so that such hardship requests could not be maintained in the future by people who came to a premises before August, 1988. Further, it is applicable only to these particular named individuals; if they had another brother they could not substitute one for the other. Once these individuals personally change, they would no longer be granted the waiver. At this point the roll was called to the motion. Case #4 - 1124 S.W. 4th Avenue. Ms. Brainerd moved to deny Case #4, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Case #5 - 313 N.W. 2nd Avenue. Ms. Brainerd moved to deny Case #5, seconded by Ms. McCarty. Ms. Horenburger made a substitute motion to approve Case #5, seconded by Mr. Weatherspoon. 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. Case #6 - 621 N.E. 3rd Avenue. Ms. Brainerd moved to deny Case #6, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 14. Request for Delay in Construction of 1st Street Storm Drainage Project. The Commission is to consider the Chamber of Commerce request for a 90 day delay in construction of this project. The City Manager advised that the cost to delay this project is $7,204. Gates Castle, Assistant City Engineer, stated the project has gone from the Intracoastal up to 7th Avenue, but the contractor has run into a delay due to an existing force main problem. He has not come back on the job as of this date; however, he does need to come on to the job to re-lay a sanitary sewer and put some tie-ins between the existing storm drain and the new storm drain. They would like to get the work up to, but not across, 6th Avenue and at that point he could clean up the area which has already been torn up. Then, at the Commission's discre- tion, they can suspend construction up to a maximum of 90 days. In discussing this with the merchants involved and the Chamber of Commerce, May 15th seems to be the acceptable date to let the contractor get back to work. Mr. Castle stated, if the Commission is willing to incur the cost of a maximum of $7,204, they could put this as a suspension of work from the point the contractor reaches 6th Avenue until May 15th. Ms. Horenburger moved that the work be suspended from the point the contractor reaches 6th Avenue until May 15th, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. -9- 2/14/89 Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, Mr. Castle stated the amount given is a maximum; if they only suspend work for a 60 day period then it would be 2/3rds of the cost. Ms. Horenburger questioned if they have fines built in for delay of contracts. The City Manager advised they would not receive any in this case as it is the City's delay. However, if he does not make the projected finishing date, a per diem charge would occur. Mr. Weatherspoon stated if the City delays this project, he feels the stores which are affected should be willing to offset some of the cost. Bill Hazzard, President-Elect of the Chamber of Commerce, stated the City has always been concerned to make sure that activities such as this did not take place during the season. This project was supposed to begin in September but due to various delays is going on now. Mr. Weatherspoon stated he does not feel the City should bear the full brunt of this so that the merchants will possibly make more money. Bob Costin, Costins Flowers and Gifts, stated that he has owned his business for 34 years and during those years he has been flooded out five times. It has cost him many thousands of dollars in repairs to his premises. He feels that himself and the other tenants in the building have therefore shared the costs. There are two major holidays coming up, Easter and Mother's Day, and it would be devastating if people did not have access to the stores on 1st Street. He would implore the Commission to take the staff recommendation and delay the project. At this point the roll was called to the motion. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the Chair. 15. City Offer to Unisys for Computer Settlement. The Commission is to consider a response from Unisys to City Attorney involving repay- ment of City costs for Police computer hardware and software. The City Attorney advised this item is on the agenda for further direction. They wrote to Unisys, in accordance with City Commission direction, and their guidelines were that if they had not heard from them at all, or if they did not accept the City's offer, this item would be on the agenda for authorization to commence whatever proceedings were necessary. They did hear from Unisys, however, they did not accept the offer of settlement which is outlined in the corre- spondence. He has had further discussions with their attorney today and he believes that they have made some headway, but they have not agreed to settlement at the present time. The direction he is looking for is whether or not the Commission wishes to say that the City Attorney's Office is authorized to proceed or if they want to continue the negotia- tions. Another option, other than authorizing the institution of the litigation, would be for him to submit additional cost figures by the end of this week. This would give Unisys a long weekend to look at them and he has told them that he would recommend to the Commission that they provide a February 27th deadline to look at the exact cost figures. This item would then be put back on the agenda for February 28th. Ms. Brainerd stated she feels they need to get the attention of a major corporation. Their position should be firm to get that atten- tion and, hopefully, give the City Attorney's Office a stronger negoti- ating point. Ms. McCarty concurred with Ms. Brainerd. The City Attorney advised the Commission can either postpone their decision until February 28th or they can authorize the City Attorney's Office to institute litigation. However, he would not file it until March 1st. , -10- 2/14/89 It was the consensus of the Commission to have the City Attor- ney's Office institute the litigation. Robert Madden, 6400 N. Andrews Avenue, Ft. Lauderdale, repre- senting Unisys, stated the reason they rejected the proposal was because the software house which signed a completely different contract with the City was incorporated into their request. Mayor Campbell returned to the Commission Chambers at this time. 16. Approval of Warranty Deed Language - Old School Square. The Commission is to consider a revision of the reverter clause language contained in the Special Warranty Deed from the Palm Beach County School Board. Approval is recommended. Assistant City Attorney Ruby advised that Mr. Hukill from the School Board has taken a rather firm line that any ancillary uses would have to be not for profit. The original language was to use the prop- erty for cultural, governmental and public purposes. When this came to their attention, they were concerned that certain ancillary uses would not fit into these categories. The only concession that the School Board would make would be adding language which would permit ancillary uses if it was not for profit. This would preclude some profit making uses which the Commission may wish to see. The options are to either approve the language as currently written, with or without the ancillary not for profit phrase, or to give her office some direction or assis- tance to help negotiate some better language. Mayor Campbell stated it has been their intent all along to possibly have some for profit enterprises incorporated into the design. Perhaps they need to make a motion to reject the deed and direct staff, with appropriate Commission assistance, to renegotiate it. Ms. Brainerd moved to reject the deed and direct staff, with appropriate Commission assistance, to renegotiate, 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. Ms. Horenburger advised she will assist in renegotiating. 17. Approval of Interim or Short Term Capital Programs/Projects and Financing Mechanisms. The Commission is to consider projects to be included in an interim financing package. The City Manager advised if the Commission were to stay with the same game plan they had in August of 1988, the $3.1 million is now $4.719 million. The financing mechanisms will be on the February 28th agenda. They have proposals coming in from three local banks and two bond firms. The City Attorney advised he will also have drafted for that agenda, if the Commission desires to go that route, a line of credit agreement. With whom, in what amounts and how they wish to do the payback will be added in later. Mayor Campbell stated that a line of credit, up to a certain amount, does not necessitate borrowing to that amount. He questioned, if they were to do a bond, if they would be required to fix an absolute dollar amount. The City Attorney advised they would have to fix an absolute amount; however, they would not have to issue all the bonds. Mayor Campbell stated that as of right now they have voted on and approved the tennis center, the City Hall expansion and Old School Square. David Huddleston, Finance Director, stated they would be requesting that the Commission authorize up to $5 million. The Commis- sion would then authorize staff to proceed with projects and, simulta- neously, draw upon a bond anticipation note. They would draw upon this -11- 2/14/89 and only be responsible for the interest on what they drew. At a later date (approximately two years) they would come back and refinance it with a bond issue. Mr. Weatherspoon stated with the $3.1 million they depicted that there was enough surplus from the Utility Tax to cover it. He questioned how they plan to cover the additional potential amount. Mr. Huddleston advised that when they were talking about $3.1 million they indicated they had the potential to go up to about $5.25 or $5.5 million depending on the interest rates at the time of the sale. Therefore, they have the capacity with the Utility Tax excess revenues to make the pledge up to the $5 million they are looking at tonight. Ms. McCarty stated at a previous meeting they discussed the parking garage and one of the accepted revenue sources for financing was the Utility Tax. She questioned how the garage would impact the $5.5 million. Mr. Huddleston advised that the current Utility Tax rates and revenue collections would not be sufficient to do a $5 million issue and the parking garage. They would have to pledge General Non-Ad Valorem Tax revenues. Ms. McCarty stated it is hard for her to agree on a $5 million amount not knowing what the impact will be on the City. She hesitates to vote on this amount and these projects without having that informa- tion before her. She feels that some of these projects can wait and that they should have a public hearing on these issues. Mayor Campbell stated they are not approving $5 million; all that has been approved so far is the tennis center, the old School Square and the City Hall expansion. They will have to vote on these on a case by case basis. They are using the figure of up to $5 million in order to allow staff to bring to them the financial analysis and infor- mation. He would urge, in order to allow the staff to go ahead with the preparations, that they set the general parameters. Ms. Horenburger moved to set the parameters, get the informa- tion, and authorize the Bond Counsel to draw up the resolution for the Bond Anticipation Note and the language for the pending bond, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 18. Approval of Capital Programs. (a) The Commission is to consider approval of the East Atlan- tic Avenue extension to Intracoastal Waterway, selection of an appropri- ate tree mix, and authorize prepurchase of trees. Mayor Campbell stated they had a workshop on this item and the only real problem would be the total dollar amount. The City Manager advised that staff is recommending all Royal Palms at a cost of $828,449. Ms. Brainerd moved to accept the staff recommendation, 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. The City Manager advised there are some other items which need to be added to the project budget as outlined in the February 14th memo from John Walker. Frank Spence, Director of Development Services, advised the Commission has been furnished a memorandum from John Walker, the project coordinator, outlining the additional costs. They have anticipated -12- 2/14/89 additional expenses up to $90,000 with the largest being the FEC Right- of-Way improvements. John Walker advised that the largest item on the list is $50,000 for improvements to the FEC right-of-way. If they improve the pedestrian crossing over the FEC and make a formal walkway, the railroad requires that they have pedestrian sized gates. If the Commission wishes to leave this out, they can still do the East Atlantic portion but not do the work within the railroad right-of-way. Mr. Walker advised the next item is the Design Carry-over cost. The design is continuing on Phase II and they are using the remainder of the monies from Phase I to pay for the design of Phase II. When they run out of that money there is still $33,388 left to complete the design. Smaller items to be added are Testing Services in the amount of $5,000, Water Meters in the amount of $1,200, Permanent Easements in the amount of $3,000 and Service Connections in the amount of $500. Mr. Weatherspoon stated that when they did the design for Atlantic Avenue they knew that eventually they were going to have a Phase II. He questioned why there is an additional $33,388 if they knew what it was going to look like. Mayor Campbell stated he would presume that one of the designs was a rendering and the other is a specific architectural design. They probably did renderings for the whole street in detail, but to have an architectural design which an engineer and contractor can rely on needs to go one step further. Mr. Walker advised they have a schematic design for the entire project; however, they only had a detailed design for Phase I. Upon question by Ms. McCarty if the architect is paid a flat fee or a percentage, Mr. Walker advised there are several parts to the contract. He does have a flat fee, plus some of the services are not to exceed costs, some are flat fee and there are also reimbursables. Ms. McCarty stated she believes the proposal involves moving sidewalks. She questioned why they cannot just replace the ones they have with the pavers instead of relocating them. She feels they may incur quite a savings by doing this. Upon question by Mr. Weatherspoon, the City Manager stated he would anticipate they could be in the ground by May or June. Ms. Horenburger left the Commission Chambers at this time. (b) The Commission is to consider the acquisition of property at Lake Ida and Roosevelt. Assistant City Attorney Kurtz stated that tonight they would like to find out if there is a consensus to go forward with the negotia- tions and, more specifically, whether or not they are interested in negotiating for the entire 6 acre parcel or 5 1/4 acres. Ms. Brainerd stated she is not ready to move forward on this item as she is not convinced that they have a present intent to use the land for a public purpose. She would like to personally postpone this until she sees material from the Parks and Recreation Director that the ballfields are needed and needed in this particular location. Mr. Weatherspoon stated that if their intent was to see that the land was developed, there is one church which is interested in buying this parcel and this would satisfy their desire to have it developed. Mayor Campbell stated he would go along with the consideration of looking at the church's use of the property. Ms. Brainerd suggested that they have this item come back in 30 days and, perhaps by then, if the church has an interest they will have done something. Also, within that 30 days Mr. Weldon could put together some background material. -13- 2/14/89 Ms. Brainerd moved that they postpone this item for 30 days, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 19. Site Plan Approval - Pier 1 Imports. The Commission is to consider approval of a site plan for construction of a 10,000 square foot Pier 1 Shop located on the east side of Federal Highway, between Dumar Plaza and South Delray Shopping Center. The Planning and Zoning Board recommend approval, subject to the following stipulations: 1. Prior to the issuance of building permits,a preliminary plat shall be approved by the Planning and Zoning Board and a determination made that there are no outstanding items which affect the ability of the project to receive services or which will require redesign. 2. That verification from FP&L and Southern Bell be provided along with the plat submittal addressing the adequacy of the existing three foot utility easement. 3. It is the responsibility of this development to construct the access connection within the South Delray Shopping Center if an easement is granted prior to the issuance of building permits. 4. That specific approval be obtained from the Building Department for the proposed business sign along U.S. Highway No. 1 (Feder- al Highway). 5. That the site plan be revised addressing items 1, 2 and 3 noted under the technical review section of this report. Ms. Brainerd moved to approve the site plan for Pier 1 Imports, subject to the stipulations, seconded by Ms. McCarty. 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. 21. Delray Affair. The Commission is to consider approval of a special events permit; partial waiver of charges for City services (overtime) and waiver of hold harmless provisions of permit. Ms. Brainerd moved to approve the special events permit, the partial waiver of charges for City services and the waiver of the hold harmless provisions of permit, with the sharing of costs with the Chamber of Commerce, 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. 22. Request for Funds - Atlantic Hiqh School Project Graduation. The Commission is to consider a request for $3,000 to support Atlantic High School's "alcohol free" graduation activities. The City Manager advised there was some confusion when they discussed this several weeks ago and, in fact, they had budgeted no money for this item. There is money available in the account; however, is it not allocated specifically for this. Mr. Weatherspoon stated that Project Graduation does not take place until June or July. They have asked other cities and people to contribute to this; therefore, it may be possible that they will not need the entire $3,000. The City Manager advised they could encumber $3,000 from the account but not expend it until the School came back for it. Ray Gerner, Finance and Fund Raiser Director for Project Graduation, stated he understands Mr. Weatherspoon's comments; however, they have commitments they have to make as far as getting the boat and putting down deposits. -14- 2/14/89 The City Manager advised that the Police Chief has just in- formed him that they could fund this from the Law Enforcement Trust Fund. Therefore, when it is needed the money could be taken from this funding source. Following discussion, the City Manager suggested that the Commission appropriate up to $3,000 from the Law Enforcement Trust Fund and this will allow them to expend it. Ms. Horenburger moved to appropriate up to $3,000 from the Law Enforcement Trust Fund for Project Graduation, 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. Ms. McCarty left the Commission Chambers at this time. 23. Appeal of Permit Review Committee Decision Re: Landlord Permit. The Commission is to consider setting a hearing date to hear Mr. Sadaqat Jaweed's appeal of Committee's denial. The City Manager advised they are recommending they set the hearing for February 28th. Ms. Horenburger moved to set the hearing date for February 28th, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 24. Direction from Commission Re: Finance Advisor Services. Mayor Campbell stated it is his understanding that an RFP has gone out for Finance Advisor Services and, subsequent to that, the Commission received a letter indicating that their current Financial Advisor, Mr. Start Ross of Dean Witter Reynolds, has not yet retired. If they do not do essentially anything, other than cancel the current RFP, it would not change anything as they do not have a formal on-going contract with Mr. Ross. If a bond were to come up then they could either revisit the RFP or look at the Financial Advisor situation. The City Manager stated he would recommend that the Commission change Finance Advisors, allow staff to solicit RFP's and let them see what is available in the marketplace. Ms. Horenburger stated that Mr. Ross's association with the City is long-standing. He is near retirement and she feels, out of courtesy and respect, that they should wait until then. Mr. Weatherspoon stated it is his understanding that Dean Witter Reynolds provide their services for bond issues only. Staff is suggesting that in preparation for planning the capital expense compo- nent of the Comprehensive Plan, they need some expertise in that area in order to do a better job. Mayor Campbell suggested that they keep the status quo for the time being, at least until the City Manager has prepared further infor- mation on the bond issue. Also, that they should cancel the RFP. Mr. Weatherspoon stated that Mr. Ross may not decide to retire at the end of the year. He would like to see from staff some documenta- tion justifying the need for a person to provide that type of service. Ms. Horenburger added that it could also include a need for a change if they were not getting the service they wanted. Ms. Brainerd moved to terminate the RFP for the time being, 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. 47. Award of Bids and Contracts. -15- 2/14/89 D. The Commission is to consider award of Bid for Comprehen- sive Beautification Plan in the amount of $599,802.87 (five landscaping and three irrigation bids). Funding to come from Account 333-4141-572- 61.15. 1. West Atlantic Avenue (Swinton to 1-95) Landscaping - Tuttle's Nursery - $60,949.63. 2. West Atlantic Avenue/I-95 Interchange Landscaping - Tuttle's Nursery - $121,607.90. 3. Linton Boulevard/I-95 Interchange Landscaping - Tuttle's Nursery - $107,193. 4. East Linton Boulevard (A1A to 1-95) Landscaping - Tuttle's Nursery - $49,946.50. 5. South Federal Highway (Between Linton & C-15 Canal) Landscaping - Tuttle's Nursery - $107,248. 6. East Linton Boulevard Irrigation - R&D Irrigation, Inc. - $37,000. 7. Linton Boulevard/I-95 Interchange Irrigation - All Green Lawn Sprinklers - $71,156.09. 8. West Atlantic Avenue/I-95 Interchange Irrigation - All Green Lawn Sprinklers - $44,701.75. Upon question by Nancy Davila, City Horticulturist, Ms. Brainerd advised that the question brought up earlier was why they are not using zero-scape and why are they sprinkling and using conventional plantings. Ms. Davila advised they are using zero-scape - zero-scape does not mean no irrigation, it means the proper irrigation in the proper place, the right plants, drought tolerant plants, soil or additives and a lot more mulch. In most of the areas they employ 80-85% of the zero-scape concepts. Ms. Horenburger moved to approve the bid for the Comprehensive Beautification Plan in the amount of $599,802.87, 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 C~mpbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 25. Appointment of Representative for Logic and Accuracy (L&A) Testing of Automatic Tabulating Equipment and Canvassing Board. The Commission is to consider the appointment of Jackie Winchester, Supervi- sor of Elections as representative for the testing of the automatic tabulating equipment and as an additional member of the City's Canvass- ing Board. Approval is recommended. 26. Denial of Tameka Jones Offer to Settle a Claim. The Commission is to consider a settlement offer in the amount of $100,000. Denial is recommended. 27. Denial of Mr. & Mrs. Walter Serocki's Offer to Settle a Claim. The Commission is to consider a settlement offer in the amount of $60,000. Denial is recommended. 28. Request for Administrative Relief - Mayfair Plaza. The Commis- sion is to consider a request for ten (10) compact auto spaces for employee long-term parking. Approval is recommended. 29. Request for Payment - West Atlantic Avenue Renaissance Project. The Commission is to consider approval of payment to Dr. James J. Vardalis in the amount of $6,750 for services rendered on the West Atlantic Avenue Renaissance Project and appropriate the same amount from the Law Enforcement Trust Fund. Approval is recommended. 30. Amendment No. 2 Engineering Services Agreement. The Commission is to consider an amendment to an agreement with Barker, Osha and Anderson to provide additional services totalling $35,747.49 related to -16- 2/14/89 the City's Master Storm Drainage plan for the downtown area. Approval is recommended. 31. Hold Harmless Agreement - Delray Mall. The Commission is to consider approval of a Hold Harmless Agreement to use the Delray Beach Mall as a polling place. Approval is recommended. 32. Approval of (Original) Tennis Center Lease Agreement. The Commission is to consider approval of an agreement with the original language proposed by Palm Beach County between the City and Palm Beach County. Approval is recommended. 33. Acceptance of Utility Easement - Lot 425, Tropic Isle 3rd Section. The Commission is to consider acceptance of a six foot ease- ment for the purpose of installing storm drainage. Approval is recom- mended. 34. Acceptance of Utility Easement - Lot 426, Tropic Isle 3rd Section. The Commission is to consider acceptance of a six foot ease- ment for the purpose of installing storm drainage. Approval is recom- mended. 35. Acceptance of Utility Easement - Lot 358, Tropic Isle 3rd Section. The CommiSsion is to consider acceptance of a six foot ease- ment for the purpose of installing storm drainage. Approval is recom- mended. 36. Acceptance of Utility Easement - Lift Station 101. The Commis- sion is to consider acceptance of a 20 foot easement as stipulated in the purchase contract with R.S.S. Properties, Inc. Approval is recom- mended. 37. Execution of Quit Claim Deed - Forest Road Abandonment. The Commission is to consider execution of a Quit Claim Deed to clarify and correct the legal description contained in Resolution No. 67-88 between the City and Sherwood Park Golf, Inc. Approval is recommended. 38. Change Order No. 2 Linton Boulevard Beautification. The Commission is to consider a decrease in the contract of $2,340.00 for landscape materials. Approval is recommend. 39. Change Order No. 1 Traffic Improvements - Dixie Boulevard at North Swinton. The Commission is to consider an increase of $749.00 to remove and replace broken sidewalk. Approval is recommended. 40. Change Order No. 1 Golf Course Renovations. The Commission is to consider increasing the contract by $18,596.64 for the purchase of three new irrigation pumps for renovation of the golf course pump house with funding to come from Accounts 445-4711-572-33.39 ($15,000) and 445-4711-572-33.11 ($3,596.64). Approval is recommended. 41. Change Order No. 1 Median Curbing - Homewood Boulevard between ~owson and Linton Boulevards. The Commission is to consider approving Change Order No. 1 in the amount of $496.00 for installation of 62 lineal feet of additional curbing needed to meet field conditions. Approval is recommended. 42. 7th Annual All-American Soap Box Derby. The Commission is to consider approving the use of Linton Boulevard Bridge on Sunday, June 18th; Saturday, June 24th; and if necessary, Sunday, June 25th (rain date) from 7:00 A.M. to 5:00 P.M., for the soap box derby practice and race. Approval is recommended. 43. Atlantic High School Eagle-Ettes Request. The Commission is to consider a request for approval to pay $2,500 budgeted in the Commis- sion's Special Events Account to offset the Eagle-ettes competition expense. Approval is recommended. 44. Resolution No. 5-89. Resolution No. 5-89, assessing costs for abatement action to remove an unsafe building at 12 S.E. Davis Road, is before the Commission for consideration. -17- 2/14/89 The caption of Resolution No. 5-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 5-89 is on file in the official Resolu- tion Book) 45. Resolution No. 7-89. Resolution No. 7-89, a formal commitment by the City of Delray Beach to finance, construct and complete a public parking facility in downtown Delray Beach with assistance from the Downtown Development Authority, the Community Redevelopment Agency, and the private enterprise, is before the Commission for consideration. The caption of Resolution No. 7-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING A NEED FOR THE REVITALIZATION OF DOWNTOWN DELRAY BEACH AND PROVIDING NOTICE OF THE CITY'S WILLINGNESS TO OFFSET EXPENSES NECESSARY TO PROVIDE ADEQUATE PARKING EXPENDITURES FOR CERTAIN COMMER- CIAL RETAIL DEVELOPMENT THROUGH THE USE OF PUBLIC FUNDS, PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 7-89 is on file in the official Resolu- tion Book) 46. Expansion of DDA Boundaries. The Commission is to consider a recommendation to expand DDA boundaries per workshop meeting February 7th. Approval is recommended. 46.A. Resolution No. 6-89. Resolution No. 6-89, ratifying Resolution No. 47-87 expanding the Community Redevelopment Agency's area along North Federal Highway, is before the Commission for consideration. The caption of Resolution No. 6-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RATIFYING RESOLUTION NO. 47-87, DECLARING CERTAIN AREAS AS BLIGHTED OR SLUM AREAS AS DEFINED IN CHAPTER 163, PART III, FLORIDA STATUTES OR AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME INCLUDING THE ELDERLY, OR A COMBINATION THEREOF; DECLARING A NEED FOR REHABILITATION OF SUCH AREAS; AMENDING THE BOUNDARIES OF THE COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 6-89 is on file in the official Resolu- tion Book) 47. Award of Bids and Contracts: A. Housing Rehabilitation Contract Awards with funding to come from Account #118-1063-554-60.23 Community Develop- ment Housing Rehabilitation Capital Outlay: Darryl Cook - 126 S.W. 4th Avenue - $16,288 Henry Haywood - 302 N.W. 12th Avenue - $17,545 Preston Construction - 133 S.W. 3rd Avenue - $8,599.50 B. Award Bid for ten trucks. Amount and funding accounts provided below. -18- 2/14/89 1. Dennis Fronrath Chevrolet: One (1) replacement 3/4 Ton, crew cab with utility body and lift gate - $15,896.18 from Account 001-3141-541- 60.84 (Streets Department). One (1) replacement 3/4 Ton, crew cab with lift gate - $14,446.18 from Account 001-3113-541-60.84 (Streets Department). 2. Bill Wallace Ford: Four (4) replacements and two (2) new 3/4 Ton Pick-up with lift gate and utility body - total $80,237.94. Account 441-5141-536-60.84 (4 vehicles, Wastewater Collection) and 441-5123-536-60.84 (2 vehicles, Water Distribution). One (1) replacement 3/4 Ton Service - $17,375.69 from Account 333-2311-522-60.84 (Fire). One (1) replacement One Ton with Contractor dump body - $14,584.03 from Account 001-3113-541-60.84 (Streets). C. Award of Bid to low bidder Jones Chemical, Inc., in the amount of $80,000 for approximately 350 tons of liquid chlorine. Funding from Water Treatment Operation Sup- plies account 441-5122-536-35.15. Ms. Horenburger moved to approve the Consent Agenda, as modi- fied, 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. 48.A.1. Mr. Weatherspoon stated that at their last Regular Meeting there was an item with regard to awarding a bid for the annual contract for body work. His concern was the fact that the bids were sent out to six companies and there were no minority companies included. Subse- quently, this week, they did receive some information which stated there were guidelines established and some of the businesses were not eligible to receive bids. He questioned what violations Byrd's Body Shop had that made him ineligible. The City Manager advised Byrd's Body Shop is operating on space which encroaches on other than his own property. There were also fire code violations and OSHA approval of spray booths. Upon question by Ms. McCarty, it was determined that if they were to waive the fire code violations as they did for Dan Burns, Byrd's Body Shop would still not comply with the Code. Ms. McCarty stated perhaps they need more information on this. Mr. Weatherspoon stated he would be willing to move forward and award the contract to Dan Burns; however, he would still like staff to come back with the appropriate information. Mr. Weatherspoon suggested that they reconsider this item on the next Regular Agenda and have staff look into the allegations which have been raised. 48.A.2. Ms. Horenburger stated she talked to Mr. Savage, Fleet & Facility Management, the other day regarding Mr. Weatherspoon's comments on this matter and asked him why they don't do this in-house. In fact, they do have very expensive equipment in the Public Works Complex, a spray booth and there are people in training to use it. She does not know why they are bothering to go out for a contract at this time as they could probably save money doing it themselves. 48.A.3. Ms. Horenburger stated there are a lot of events held in the City where they use a tent. There are more and more activities occur- ring and she feels it is time they look into buying their own tent. -19- 2/14/89 48.A.4. Ms. McCarty stated that apparently the Mayor gave a speech at Tropic Bay recently and encouraged the residents to contact the Commis- sion concerning improvements on LaMat Avenue and the surrounding area. She would like to look into this and explore the possibility of getting started on it. Perhaps they could workshop this and discuss getting some sidewalks and drainage in this area. 48.A.5. Mayor Campbell stated he would like to voice his concern about the workshop the City Manager is holding for the candidates. They have never had this before and he would hope that he would use as much discretion as possible. The City Manager clarified that it will be an orientation session so that the staff can see who the candidates are and introduce them. He anticipates describing the organizational structure, what the Commission/Manager plan is, what the various departments do and then open it up for questions and answers. 48.B. There were no Non-Agenda items by the City Attorney. 48.C.1. The City Manager advised that Mr. Kovacs has a draft of the Comprehensive Plan which he would like to submit tonight for the Commis- sion's review. This will be the basis for their discussions to be held over the next few weeks. Mayor Campbell declared the meeting adjourned at 10:40 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of 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. -20- 2/14/89 ' FUlfill 81a MEMORANDUM'OF VOTING CONFLICT FOR CUUNTY, MUNICIPAL, ANt)'OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COIJNCIL. COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADL1RES5 THE ROARD, COUNCIl.. COMMISSION, AUTHORITY. OR COMMITTEE ON W~ SERVE IS A UNIT OF: C11¥ COU~q'r¥ NAME OF POLITICAL SUBDIVISION: DATE ON WHICH vO'rE CX~'L'URRED MY POSITION IS: APPOINTIVE WHO MUST FILl rom t! This form is fo~ ~kse by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who ate presented with a voting conflict of interest under Section I12.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any azte .mpt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I I()1~.! ~H 1¢1.146 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: ' · You should disclose orally the nature of your conflict in the measure befor~ participating. · You should complete the form and file it within 15 days after the vote occurs with the person respo~sible for recording the minutes of the meeting, who should incorporate the form in the minutes. DI~'-LCI~U[~ GlI ~1'&11 OlllllClf$ IN1111E~ !, ,.T.//~7//7~ ~/~'~79'~/~'~'Y'/~,,O , hereby disclose that on 5~'..~. ~'~.~/ , 19_~: (a) A measure came or will come before my agency which (check one) ..~ inured to my special private gain; or . inured to the special gain of , by whom I am retained. (~he measure before my agency and the nature of my interest in the measure is. as follows: Date Filed NOTICE:~ UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE 2