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04-11-89 APRIL 11, 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 7:10 P.M., Tuesday, April 11, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Patricia Brainerd Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Robert Finch, United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Weatherspoon requested that Item Nos. 30.A. and 30.B. be added to the end of the Regular Agenda and deemed as Emergency Items. The City Manager requested that Item No. 38.F. be removed from the Consent Agenda. Ms. McCarty moved for approval of the agenda, as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5. Ms. McCarty moved for approval of the minutes of the Special Meeting of March 7, 1989 and March 21, 1989, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Abstained; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote, with Mr. Andrews abstaining. 6. Mayor Campbell read the following proclamations: A. Chamber of Commerce Week - April 9 through April 15, 1989 B. Victims' Rights Week - April 9 through April 15, 1989 C. Arbor Day - April 29, 1989 7. Presentation: A. Ernst and Whinney Presentation of Audit. Paul Bremmer, representing Ernst and Whinney, stated if the Commission would like to discuss the Comprehensive Annual Financial Report for the year ended September 30, 1988, they would be glad to attend a workshop or an additional meeting. The City again received the Certificate of Achievement for its Financial Report for the year ended September 30, 1987, given by the Government Finance Office Association. This is a recognition of the City and its Finance Department for the highest form of financial reporting. The City has consistently received this and should be proud of that achievement. Mr. Weatherspoon moved for acceptance of the report and filing for future review, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARINGS 8. Ordinance No. 16-89. Ordinance No. 16-89, adding "School No. 4 Delray Colored" as established in 1895, located on Block 28, Lot 2, N.W. 5th Avenue, to the Local Register of Historic Sites, 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. 16-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE FIRST SCHOOL FOR BLACKS WAS OPENED IN 1895, MORE PARTIC- ULARLY DESCRIBED AS LOT 2, BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 16-89 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. 16-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 17-89. Ordinance No. 17-89, adding Greater Mount Olive Missionary Baptist Church, located on Block 28, Lot 7, 40 N.W. 4th Avenue to the Local Register of Historic Sites, 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. 17-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH WAS FOUNDED IN 1896, MORE PARTICULARLY DESCRIBED AS LOT 7, BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 17-89 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. 17-89, on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 18-89. Ordinance No. 18-89, adding St. Paul African Methodist Episcopal Church, located on Block 27, Lot 5, 119 N.W. 5th Avenue to the Local Register of Historic Sites, is before the -2- 4/11/89 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. Ms. McCarty left the Commission Chambers at this time. The City Manager presented Ordinance No. 18-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH WAS FOUNDED IN 1897, MORE PARTICULARLY DESCRIBED AS LOT 5, BLOCK 27, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 18-89 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. 18-89, on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 11. Ordinance No. 19-89. Ordinance No. 19-89, adding The Free and Accepted Masons of Delray Beach Lodge 275, located on Block 28, Lot 1, 85 N.W. 5th Avenue to the Local Register of Historic Sites, 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. 19-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE FREE AND ACCEPTED MASONS DELRAY BEACH LODGE 275 WAS ORGANIZED IN 1899, MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 19-89 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. 19-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Ms. McCarty returned to the Commission Chambers at this time. 12. Ordinance No. 20-89. Ordinance No. 20-89, adding St. Matthew Episcopal Church, located on Block 32, Lot 1, 404 S.W. 3rd Street to the Local Register of Historic Sites, is before the Commission for -3- 4/11/89 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. 20-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE ST. MATTHEW EPISCOPAL CHURCH WAS FOUNDED IN 1911, MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 32, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 20-89 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. 20-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC COMMENTS 13.1. Helen Coopersmith, Executive Director of PROD, stated a discus- sion of the content of the agendas for both Workshop and Regular Commis- sion Meetings was recently discussed and there was a unanimous conclu- sion that they were not explicit. They are requesting that the City Manager return to the system that was used in the past, in order that the public can be as well-informed as staff and the Commissioners who receive backup material containing a detailed description of the items. 13.2. Murray Kalish, Chairman of the Planning and Zoning Committee of the South County Political Co-op, who monitors all the P&Z items both in the western area from the middle of Boca to the middle of Boynton Beach, stated there is an item coming up in the County issues on April 26th or 27th relating to a car wash/gas station/repair shop on the southwest corner of Military Trail and Atlantic Avenue. According to the County Comp review, this is one of the three highest accident areas in the County as well as one of the three highest traffic areas. He feels this is a City issue as well as a County issue, as it borders on the imagin- ary boundary line for the City. They are requesting that the City of Delray come out strongly against this item to help eliminate a future hazardous situation. 13.3. Deborah Wright, representing the West Atlantic Property Owners Association, stated they are concerned with the drug problem that has been driven from Atlantic Avenue into the residential area. After numerous calls for assistance to the staff, she is again requesting that there be more visible police during the day to help rid the western community of this problem. 13.4. Lois Kelly, speaking for the North Federal Highway Task Force, stated they have previously requested cooperation from the City in assisting with elimination of the Adult Book Store. They are now requesting that a date be set for a special workshop in order to discuss and, hopefully, resolve a problem in this County pocket. 13.5. Pat Pickett, 328 S.E. 34th Avenue, stated she, too, is con- cerned about the situation on N. Federal Highway and echoed the request for help from the City. -4- 4/11/89 13.6. Alice Finst, 707 Place Tavant, requested that the Commission initiate the process for a crosswalk at the Ingraham Avenue parking lot across A1A to the beach. 13.7. Jay Slavin, Rainberry Bay, stated, while attending a meeting of PROD yesterday, she requested their support for an update from the City on a progress report relative to the utility tax to be used for the beautification project. Their request is for a fiscal accounting of the beautification funds collected by the City since July 1, 1986, to include the following: 1) Total amount collected, 2) Total amount spent to date, 3) A detailed itemization of what the funds were used for, 4) The balance remaining in the fund, which is not yet committed, 5) The planned use of non-committed funds, and 6) A description of planned projects and the date of expected completion of each. They would like this report within thirty days. 13.8. Christine Molar, resident of Boynton Beach, stated she would like to express her support for the removal of the Adult Book Store on North Federal Highway. FIRST READINGS 14. Ordinance No. 22-89: Ordinance No. 22-89, establishing the criteria for open burning permits, is before the Commission for consid- eration on First Reading. If passed, Public Hearing will be held April 25th. Two drafts of the ordinance were submitted. The first alterna- tive was, "providing an exception to the prohibition for air curtain incinerators". The second alternative was, "providing an exception to the prohibition for air curtain incinerators based upon a determination of hardship by the City Commission". The City Manager presented Ordinance No. 22-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 96, "FIRE PREVENTION; FIRE WORKS", SECTION 96.04, "OPEN BURNING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION E, PROVIDING AN EXCEPTION TO THE PROHIBITION FOR AIR CURTAIN INCINERATORS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty stated she is in favor of the first alternate, as long as the guidelines recommended by the State are followed. Mayor Campbell stated he feels open burning is a very volatile issue and something of concern with the neighborhoods. By maintaining some degree of control, most of the needs of each particular situation can be addressed as concerns are expressed. Ms. McCarty commented Alternate B specifically states that the Commission would address each on a case by case basis and would need to find a hardship in order to approve. Mayor Campbell advised he would agree to the deletion of the words "determination of hardship". Mr. Weatherspoon stated he does not feel there are many areas still remaining that warrant such a permit, so he would support Alternate A. Mr. Andrews also expressed his support of Alternate A. Ms. McCarty moved for the adoption of Ordinance No. 22-89 (Alternate A) on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. 15. Ordinance No. 24-89. Ordinance No. 24-89, amending the Code of Ordinances to provide that parking surfaces on historic sites or within historic districts may be improved with surface material other than that generally deemed appropriate by the City Engineer, subject to approval -5- 4/11/89 of the Historic Preservation Board, is before the Commission for approv- al on First Reading. If passed, Public Hearing will be held April 25th. The City Manager presented Ordinance No. 24-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII , "LAND USAGE" , CHAPTER 173, "ZONING CODE", "OFF-STREET PARKING", SECTION 173.772, "DESIGN AND LANDSCAPING", SUBSECTION 173.772 (B), PARKING SURFACES AND DRAINAGE" , BY AMENDING PARAGRAPH 173.772 (B) (1) , TO PROVIDE THAT PARKING LOTS AND PARKING SPACES FOR HISTORIC SITES OR WITHIN HISTORIC DISTRICTS MAY BE IMPROVED WITH SURFACE MATERIAL OTHER THAN PAVE- MENT, WHERE THERE ARE TWELVE OR LESS PARKING SPACES, SUBJECT TO APPROVAL BY THE HISTORIC PRESERVATION BOARD; 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. 24-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 16. Ordinance No. 25-89. Ordinance No. 25-89, deleting the 1,500 foot space requirement for certain social services uses, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 25th. The City Manager presented Ordinance No. 25-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", SECTION 173.060 "ABUSED SPOUSE RESIDENCE", SUBSECTION 173.060(C), "SPECIAL REGULATIONS", SECTION 173.062, "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", AND SECTION 173.066, "FOSTER HOMES AND GROUP HOMES", SUBSECTION 173.066(H), "SPECIAL REGULA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY REPEALING PARAGRAPH 173.060(C) (2), SUBSECTION 173.062(E) AND PARAGRAPH 173.066(H) (2); TO PROVIDE FOR THE DELETION OF THE 1500' DISTANCE REQUIRE- MENTS BETWEEN SOCIAL SERVICE FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 25-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Ms. McCarty questioned the reason for deleting the 1500 foot space requirement. Mr. Kovacs stated he could find nothing in any historic file to give an original intent. Mr. Weatherspoon commented that, as he understood it, there was concern that there would be a proliferation of this type of facility in a certain area. Upon question by Mayor Campbell, Mr. Kovacs stated in a few zones some of the uses are approved, but for most cases they are conditional. With respect to foster homes, they are licensed only by HRS and most are allowed as permitted uses. The drug and alcohol rehab is a conditional use. At this point the roll was called to the motion. Ms. McCarty left the Commission Chambers at this time. -6- 4/11/89 17. Ordinance No. 26-89. Ordinance No. 26-89, amending Chapter 100 "Nuisances", Section 100.08(A) to provide that any building wall visible from public rights-of-way shall be maintained in a secure and attractive manner, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 25th. The City Manager presented Ordinance No. 26-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 100.08(A), "EXTERIOR BUILDING WALLS"; 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. 26-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 18. Ordinance No. 27-89. Ordinance No. 27-89, amending Chapter 165 "Unsafe Buildings", Section 165.33(C) to provide for advertisement of hearing notices for unsafe buildings whenever certified and/or first class mail is returned unclaimed or is undeliverable, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 25th. The City Manager presented Ordinance No. 27-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XIII, "GENERAL OFFENSES, ADMINISTRATION AND ENFORCEMENT", CHAPTER 165, "UNSAFE BUILDINGS", SECTION 165.33, "INVESTIGATION; NOTICE", BY AMENDING SUBSECTION 165.33(C), TO PROVIDE FOR ADVERTISE- MENT OF NOTICES OF HEARING FOR UNSAFE BUILDINGS, WHENEVER CERTIFIED AND/OR FIRST CLASS MAIL IS RETURNED UNCLAIMED OR IS UNDELIVERABLE; 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. 27-89, on First Reading, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. REGULAR AGENDA 19. Approve Agreement between City and Ocean Properties, Inc. The commission is to ,consider the approval of a land exchange agreement between the City and Ocean Properties for use as the site of Fire Station No. 2. Ms. McCarty returned to the Commission Chambers at this time. Mr. Weatherspoon moved for approval, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: The City Attorney stated there has been a technical correction made on Page 4, Paragraph 10A, making it clear that the deed restriction that is being discussed is applicable to the entire Ocean Properties parcel after the transaction occurs. Upon question, the City Attorney advised the deed restriction is a separate form and it will be recorded within the next six months. -7- 4/11/89 Mr. Andrews questioned what is deemed to be accessory uses to the hotel. The City Attorney stated they are defined in the Zoning Code. At this time the roll was called to the motion. 20. Appointment of a Member to the Civil Service Board. The appointment of a member to a term ending April 1, 1991, is before the Commission for consideration. Mr. Weatherspoon moved to approve the appointment of Mr. Sohmer. The motion died for lack of a second. Ms. McCarty moved to approve the appointment of June Henley, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 2 to 2 vote. 21. Appointment of a Member to the Historic Preservation Board. The Commission is to consider an appointment to fill the unexpired term of Sandra Norton ending June 9, 1989. Ms. McCarty moved to approve the appointment of Diane DeMarco, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 22. Appointment of a Member to the Planning and Zoning Board. The Commission is to consider an appointment to fill the unexpired term of Bill Andrews ending September 28, 1990. Mr. Weatherspoon stated he understands the P&Z Board can review the applicants that are applying and make a recommendation; however, at this time, that has not been done and they have requested that the Commission postpone this appointment until they have had an opportunity to do so. Mr. Andrews stated one of the applicants is an architect and, since there is currently only one on the board, he would recommend that this person be appointed. Ms. McCarty commented she feels that, since these vacancies have been known about for quite some time, the P&Z Board should do this in a timely fashion, rather than prolong the appoint- ments. Sam Schwimer, Pines of Delray, stated back in 1987 the Commis- sion passed a resolution allowing the reviewing of applications by the boards involved, along with advertisement of the positions, and he feels the Commission should follow this procedure. Mr. Andrews moved for approval of the appointment of Larry Schneider to fill the unexpired term, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. Appointment of a member to the Planning and Zoning Board. The Commission is to consider an appointment to fill the unexpired term of Phyllis Plume ending September 28, 1989. Mr. Weatherspoon moved to postpone this appointment until the next regularly scheduled meeting allowing the P&Z Board to meet and make a recommendation, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 24. Appointment of City .Physician. The Commission is to consider the appointment of Dr. Frederick Swartz, M.D. to provide preemployment physicals and worker compensation services. Mayor Campbell questioned why the chiropractic situation is not on the agenda. The City Manager advised he was not aware the Commission -8- 4/11/89 wanted it to be presented as part of the recommendation. Mayor Campbell commented that it was decided with a 4-1 vote at the last meeting to hire a chiropractor. Upon question by Mayor Campbell as to allegations made relative to forcing persons to go to a chiropractor if a chiropractor was ap- pointed, the City Attorney advised there is some confusion by the administration as to the usage. There was a question as to whether the Commission wanted to expand the list of physicians to include other specialties, and whether those specialties were to be used for preem- ployment physicals as well as current employees seeking medical treat- ment. Mayor Campbell stated it was his understanding that it was not to force any employee to go to a Chiropractor for preemployment physicals, but rather allowing those persons who prefer to go to a chiropractor to be able to do so. If that was not the consensus, this should be re- turned to a workshop. Mr. Weatherspoon stated that was not his understanding. The City Attorney advised three applications were submitted and a fourth applicant has contacted him by telephone. If physicians are added to the list, there needs to be some procedure such as a rotation basis. Mayor Campbell suggested, if it is the consensus of the Commis- sion to allow a chiropractor entry into the process where people may have a preference to a chiropractor rather than another physician, that staff be allowed to clarify where it is appropriate for persons to exercise that choice. The City Manager stated, during the discussion prior to the 4-1 vote, it was noted that some employees have not had the benefit of a preemployment physical and injuries were sustained by another employee that were very difficult to trace. He feels it most important that an affirmative statement be made of the value of the chiropractor and make sure that the employees have the option of chiropractic care for those particular types of injuries. It is City policy and should be made known to all employees. Upon question, the City Manager advised that Dr. Swartz does the medical case management, regardless of the nature of the treatment, because he is the designated City physician. The City Attorney comment- ed the reason the City has used Dr. Swartz is because when the drug testing program was instituted two years ago, there was no one else willing to participate in the City's program. This originated as a referral source of a general nature that could recommend or permit other specialties to be used. Mayor Campbell questioned why an official referral process for an M.D. was allowed and not for a chiropractor and is the City then getting into a discrimination factor that is entirely inappropriate or perhaps even illegal. The City Attorney advised that he feels nothing in the nature of a designation of a single physician constitutes any violation of the statutes. The historical basis is that this was a general practitioner who had some knowledge of many things, who was then qualified to make a medical choice to refer that person for treatment to ° a specialist, depending on the nature of the injury. Ms. McCarty moved for approval of the appointment of Dr. Frederick Swartz, M.D., seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. 25. Application for Rental Rehabilitation Grant Funds. The Commis- sion is to consider approval of the application for funding under the HUD Rental Rehabilitation Program in the amount of $200,000 to fund 1989-1990 programs. The City Manager stated this is an application applying for HUD Housing Urban Development funding from the Federal Government and approval is recommended. -9- 4/11/89 Mr. Weatherspoon moved for approval of the grant application in the amount of $200,000 for the Rental Rehab Program, seconded ~y Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 26. ~igh~ay .~e~u~ification Grant and Maintenance Agreements. The Commission is to consider the approval of agreements and a request for matching funds from Florida Department of Transportation for beautifica- tion projects from the Atlantic Avenue/I-95 Interchange to Swinton Avenue; and from the Linton Boulevard/I-95 Interchange to the east and west rights-of-way and to the north and south of on/off ramps. The City Manager stated this item is an agreement between the City and the State to maintain those medians previously approved. Mr. Weatherspoon moved for approval of the Beautification Grant and Maintenance Agreement between the City and DOT, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. (Mayor Campbell returned to the Commission Chambers prior to roll call). Before roll call the following discussion was had: Upon question if bids have been let on this, the City Manager stated they have not, but the maintenance will be an item to be ad- dressed in the future. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. Mr. Weatherspoon questioned if the money to be received is subject to a specific time frame, to which the City Manager advised that it is not available until July and will ultimately be absorbed by the General Fund. At this point the roll was called to the motion. 27. Approval to Travel - Historic Preservation Board Chair and Staff Member. Th~ ~mmission is to consider the approval of a travel request for attendance to Preservation Day 1989 in Tallahassee, Florida, from April 25th through April 26th. Mr. Weatherspoon moved for approval of the travel request, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 28. Line of Credit. The Commission is to consider an option to bid a line of credit and provide staff with direction on term, rate struc- ture, projects to be included, amount of line of credit, repayment funding sources and how a line of credit will be secured. The City Attorney explained this is essentially the formaliza- tion of the direction in which the Commission wishes to move specifical- ly in the area of the parameters to be included in the drafting of the new specs. Dave Huddleston, Finance Director, requested additional details with regard to the consensus to rebid based on a five-year line of credit, the consensus of a total amount of $2.6 million to be at a fixed rate of interest on the outstanding balance. Mr. Huddleston suggested they commence with the methodology of going for bid or proposals. The first option would be a total competi- tive sale, meaning that with the assistance of the Financial Advisor, an official statement would be prepared. This entire process would take approximately 60 to 90 days and involves receiving the bid on a given day with everyone making a firm commitment to sell at that interest rate. The second option is to proceed with a proposal where everyone would make a firm commitment for the day in which the bid is awarded. -10- 4/11/89 Upon question by Mayor Campbell whether there is a third option where underwriters would be allowed to enter the process under a shorter time frame, Mr. Huddleston commented this could be done by asking them to provide a firm interest rate that would be guaranteed on the closing date. The City Attorney suggested that the Commission could request bids by a specific date and who could also close on the loan and provide the money by a specific date. Discussion followed relative to the time frame, the rate structure, specific projects to be included and the adoption of approp- riate resolutions to authorize the line of credit. Ms. McCarty questioned, relative to the repayment schedule, if the CRA payment of $100,000 for a five-year period has been pledged as one of the sources of funding on the beautification of East Atlantic Avenue. The City Manager stated it has not but is still programmed by the CRA and he feels there is a reasonable expectation it will be forthcoming. Mr. Huddleston stated this was designed to help offset the financial impact of the General Fund of the City's outflow for the bond. He explained, at the time of the $10 million dollar bond issue, the CRA was to receive $2.2 million dollars of proceeds for the County Land Acquisition and the beautification. It was the intent that they would be repaying their share of the bond proceeds. Mayor Campbell stated he feels this was never anticipated to have a budgetary impact. Mr. Andrews objected to the drawing out of all monies available in the Recreational Impact Fees. Mr. Huddleston stated if these monies are not used, another $150,000 per year will need to be added, and an additional burden will be added to ad valorem and property taxes. Mr. Andrews requested the trade-offs be itemized, as the citizens may want something other than the beautification of a specific block in downtown Delray. Mayor Campbell explained this is not a question of getting permission from the voters as to use, as this fee can be used only for very limited purposes. If those monies from the developer impact fee is not used for projects designated, the only other source of revenue to complete those projects will probably be ad valorem taxation. Mr. Huddleston commented that the Tennis Center expansion was a part of the original Impact Fee study. Mr Andrews questioned what projects have been taken out of the comprehensive plan that the public thinks the impact fees will justly be used for. Mayor Campbell explained that, to justify an assessment of $500 per unit, a project list was drawn up. On the basis of the future build-out of the City and by dividing it by a per unit basis, the City was able to justify legally how much could be charged. Ms. McCarty stated all she is requesting is that the Finance Director and the City Manager are comfortable with the budgetary impact of what is being done when the Commission returns for status quo with operations and with the assumptions on future budgets that everything that is locked in is there. She does not want it to be stated that the Commission allocated $100,000 out of CRA Funds for this and therefore, now it is necessary to raise taxes. Mr. Huddleston advised that part of the comprehensive plan included a revenue forecast which indicated the millage would be going up about two mils. There is no guarantee that all the projects can be done along with all of the projects in the comp plan and not raise taxes. These projects were anticipated under some format of financing within the two mil guideline and, if projects are substituted, obviously something has to give. The City Manager stated he anticipates repaying the East Atlantic Avenue beautification over a five-year period in the amount of $830,000 with proceeds from the CRA and from reprogramming West Atlantic Avenue beautification monies. Old School Square will be repaid in the amount of $300,000 within two or three years from Recreational Impact Fees. The Tennis Center financing of $1,029,000 will be done from the sale of property of the present tennis center and firehouse. Fire Station No. 2, which is $450,000, will be repaid with the sale of the property at the corner of Venetian and Miramar within one or two years. Mr. Weatherspoon questioned which projects have been deleted in order to obtain the financial goal. Mr. Huddleston stated the recrea- tional projects that would have brought this note up to $5,000,000 have -11- 4/11/89 been pulled out, such as Miller Park, Barwick Park, acquisition of the Love property and the property at Roosevelt and Lake Ida Roads. These have been removed from the note and they are looking to finance them through the other methodology. Ms. McCarty requested that an original list of projects used to determine a $500 fee be placed in the Commis- sion packet this coming Friday. Mr. Weatherspoon moved to authorize and direct the City Admin- istration to go out for sealed competitive bids on a line of credit agreement for five years for the four projects listed and not to exceed $3 million dollars, for the bidders to submit a fixed rate with an optional variable rate, the pledge to be a covenant to budget secured by an inferior subordinate lien on the utility tax revenue as it currently exists, bids to be received no later than May 15, with closing to occur no later than June 10th with a possible June 1st date, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Attorney advised that the State Attorney's Office called him today and announced the ongoing investigation of the previous issue has been concluded and informed him they found no criminal activi- ty and are closing their file on the matter. 29. City Hall Expansion Contract. The Commission is to consider the recommendation to rebid City Hall expansion project; specify items to be included in the base bid specifications and determine any alterna- tives. The City Attorney stated a claim letter has been received in their office which is in advance of a potential piece of litigation from Sessoms Grice lawyers, basically, demanding the City fulfill an obliga- tion that exists or that it be settled in the form of a litigation issue. The recommendation at the last workshop was to rebid the pro- ject, the assumption being that the major components of the bid speci- fications were being changed, including the deletion of an item believed to be in the amount of $800,000. Based on the potential modifications to those specifications, he suggested the Commission look carefully at the list of what they want done to the project, along with items to be included. If the amount of the project comes close to the original amount, he is not certain it needs to be completely rebid. If that is the case, he would like the Commission to give him the authority to endeavor to renegotiate the contract with the low bidder. Ms. McCarty stated she feels the General Fund can be impacted for this as long as there is a consensus that anything added is essen- tial to the project and the function of City Hall. Mayor Campbell stated he feels the Commission should decide what they are going to approve and then agree to the funding. Mr. Weatherspoon commented he agrees with Ms. McCarty in that any item that is essential and legitimate to the project will not be objected to, regardless of the funding source. Mr. Andrews questioned what the potential liability is for the City and the cost involved to take the case to Court. The City Attorney advised that the Commission needs to supply him with facts on which he can base his assumptions. There are different scenarios; for example, should the City not go with the successful low bidder, Sessoms Grice, because it is decided the contract is going to be only $1.5 million and the funding is not available to do the remainder, the project should be rebid. Another set of facts could be that the Commission decides not to rebid the project. Another set could result when the computations that are reviewed tonight with the amount of money estimated for additions to the $1.5 million base comes very close. Under one of these scenarios, the Commission is at about $2.2 million on a $2.4 million original project, which gives him still another scenario upon which to advise and he feels that perhaps it would be better not to litigate with anyone and renegotiate the contract. -12- 4/11/89 Mr. Weatherspoon questioned the possibility of renegotiating with the low bidder. From a legal standpoint, once the specifications are changed on the items previously bid, would that not alter the position of the unsuccessful bidders, also, necessitating a complete rebid. The City Attorney advised that it would and that the City is in a bind regardless of Commission decision. The chosen low bidder alleges that they have relied, to their detriment, on that bid and they have lost other potential projects, incurred overhead expenses in obtaining bonds and they will lose the profits on a 2.4 million dollar project if the City does not go forward. There are also other arguments from unsuccessful bidders to the effect that if the breadth of the project is changed, there will be claims of lower bidding, or that there would have been more bids submitted if they had known the project was bondable to them. In his mind, the breadth of the project as opposed to the compo- nent parts is his most serious concern. If the Commission approves a project in the amount of $2.2 million or less, there is a possibility of a renegotiation with the current bidder by means of a change order. Upon question by Mayor Campbell, the City Attorney stated he would like the Commission to establish exactly what they want and then allow him an opportunity to renegotiate with the current successful bidder. Digby Bridges, the Architect, stated upon receiving the brief- ing from the Commission, they will use the guidelines of their scope of work and calculate an estimate of the monies they will get back from the contractor. He then reviewed the various project alternative design options, in detail, with the Commissioners. Option No. 1, with amended chambers extended west by 25 feet includes new seating and dais, sound system, ceiling, A/C Work, decoration and the extension to the west. Option No. 2, with no clock tower, with mansard and with amended cham- bers within the existing space, is $8,000 cheaper. Option No. 3 in- cludes the mansard only, clock tower only and with amended chambers extended west by 25 feet. The Commission concurred on Option No. 2. Mr. Andrews stated if the contractor submits a bid within ten days that includes the mansard roof, keeping the original chamber as is, installing the parking lot, eliminating the clock tower and colonnade and putting on the window eyebrows which includes the waterproofing, he is in favor of negotiating the contract with Commission consensus. Mayor Campbell suggested this be put on the agenda as a special item next Tuesday. The Commission concurred. 30. Settlement offer UNISYS. The Commission is to consider an offer of settlement from UNISYS to settle the Police Department computer dispute in the amount of $202,500. The City Attorney stated there is a cover memo that was to be hand-delivered to the Commission, indicating the City Attorney's Office is prepared to go to litigation with UNISYS. In the meantime negotia- tions have been going on in an effort to avoid this. They have present- ed the City with a firm offer of $202,500, which means they will give the City that amount of money and, in return, all their equipment will be returned at a designated point in time. This will not take place until such time as the new equipment is on board and there is still a question as to when the money will be paid to the City. He stated that he feels the City has expended a good deal more money than what they are offering, but there is a question as to whether all those figures are recoverable. Ms. McCarty moved to approve the settlement offer, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30.A. Default on Bid Action. The failure of Ralph Osborn Inc., to execute a contract for the A1A Beach Wall restoration project is before the Commission for consideration of direction. The City Attorney stated three decisions are needed. The first is to determine whether this person has defaulted or breached; secondly, -13- 4/11/89 if that is true, is it the advice of the Commission to direct the City Attorney's office to accept the bid bond as liquidated damages of $2,000 or direct them to pursue litigation against the defaulting bidder; and thirdly, direction is needed to award the contract to the next low bidder, being B. K. Marine Construction, Inc. Ms. McCarty moved to declare Ralph Osborn, Inc., in default, to try to collect on the bond and award the bid to B. K. Marine, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30.B. Approval of .A~.plication for Emergency Shelter Grant. The Commission is to consider approval of an aPpilca~ion ~6r fuhd~h~ for Aid to Victims of Domestic Assault Inc., in the amount of $80,000. Sally Belson, Executive Director of AVDA, stated she is apply- ing for $80,000 from HUD, the money to be given through HRS. They are requesting that the City of Delray Beach approve an addition of two bedrooms to the shelter, which will increase the number of beds from 20 to 30. Mr. Weatherspoon moved for approval of the request and execu- tion of a letter to Ms. Belson, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 31. Resolution No. 18-89. Resolution No. 18-89, abandoning an alley located ~n the City Hall block, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 18-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 16 FOOT WIDE NORTH/SOUTH ALLEY LYING WITHIN BLOCKS 51 AND 52, OF THE PLAT OF THE TOWN OF LINTON, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR A CONDITION TO WHICH SAID VACATING AND ABANDONMENT IS SUBJECT. (Copy of Resolution No. 18-89 is on file in the official Resolution Book) 32. Resolution No. 19-89. Resolution No. 19-89, assessing costs for abatement action on an unsafe building located at 32 E. Atlantic Avenue in the amount of $1,577.50, is before the Commission for consid- eration. The caption of Resolution No. 19-89 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. 19-89 is on file in the official Resolution Book) -14- 4/11/89 33. Resolution No. 20-89. Resolution No. 20-89, assessing costs for abatement action on an unsafe building located at 1107 S.W. 7th Avenue in the amount of $1,952.50, is before the Commission for consid- eration. The caption of Resolution No. 20-89 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. 20-89 is on file in the official Resolution Book) 34. Resolution No. 21-89. Resolution No. 21-89, assessing costs for abatement action on an unsafe building located at 1105 1/2 S.W. 7th Avenue in the amount of $3,272.50, is before the Commission for consid- eration. The caption of Resolution No. 21-89 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. 21-89 is on file in the official Resolution Book) 35. Accep.~ance of Easement Deed. Acceptance of a 12 foot easement deed which encroaches on Plat II A of the Lago Del Rey property, is before the Commission for consideration. This easement is required for City maintenance on an existing sewer main and in conjunction with the Hidden Lake subdivision development. Approval is recommended. 36. Final Plat - Hidden Lakes Subdivision. The Commission is to consider a final plat for Hidden Lakes Subdivision located on the west side of Homewood Boulevard between Homewood Lakes Subdivision and Lago Del Rey. Approval is recommended. 37. Sale of Mercedes and Bentley. The Commission is to consider authorizing the sale of the two Mercedes and one Bentley automobile at a joint public auction with the City of Boca Raton on May 6, 1989. 38. Award of Bids and Contracts: A. Vehicle Body Work Repairs - Dan Burns Oldsmobile, Inc. - $21.90 an hour and 18% off for parts with funding to come from user departments line item for Repair and Upkeep - Automotive. B. Award Bid for Fluoride Chemical Feed equipment to Utilities Services, Inc., in the amount of $62,500 with funding from Account No. 441-5162-536-60.43 (Water and Sewer Fund 1984). -15- 4/11/89 C. Award Bid for Bidding Phase Services for the Water Treat- ment Plant Expansion project to Post, Buckley, Schuh and Jernigan Inc., in an amount not to exceed $27,128 with funding from~Account No. 441-5162-536-60.46. D. Award Bid for Painting Projects with funding from Account No. 334-4172-572-60.27 (General Construction Fund Pompey Park) - $13,060. 1. Gold Coast Painting Company - Bath House, Park Maintenance Facility, Concession/Restroom - $6,060 and; 2. Victory Painting Company - Recreation Center (Pompey Park) - $7,000. E. Re-award portion of Bid originally made to Dennis Fronrath Chevrolet to Bill Wallace Ford for one van and two trucks. Amount and funding accounts provided below. One (1) replacement 3/4 Ton, crew cab with utility body and lift gate - $16,600.37 from Account 001-3141-541-60.84 (Streets Department) One (1) replacement 3/4 Ton, crew cab with lift gate - $15,336.37 from Account 001-3113-541-60.84 (Streets Department) One (1) eight passenger van - $15,010.10 from Account 001-2315-526-60.84 (Fire Department) G. Rental Rehabilitation Program - Deferred Loan Contract Award. Approve deferred loan contracts to rehabilitate proper- ties located in the CDBG Target area - $127,000, with funding from Account No. 118-1975-554-60.23 (Rental Rehabilitation Grant). 127 - 135 N.W. 13th Avenue - $19,953.00 221 - 223 S.E. 13th Avenue - $ 3,775.00 24 - 28 S.W. 9th Avenue - $51,850.00 133 - 135 S.W. 10th Avenue - $ 4,625.00 Mr. Weatherspoon moved for approval of the Consent Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 39.A.1. Mr. Weatherspoon stated that he feels, when a citizen calls the Police Department and then monitors a situation for three hours with no appearance of an officer, the City has a problem. He feels the visibil- ity of an officer will help give those concerned citizens more confi- dence and urged Chief Kilgore to make an attempt to address this situa- tion. 39.A.2. Mr. Andrews expressed a concern relative to the typing of the Comp Plan, especially indicating that Swinton Avenue is to be four-laned the entire length. Mayor Campbell stated that the last consensus was to keep the item as is and it would have to be by a specific vote. Howev- er, if it is the consensus of the Commission to revisit this item, it can be placed on the agenda as a Special Item or for discussion next Tuesday. The consensus was to wait until the Public Hearing. 39.A.3. Ms. McCarty questioned if the Adult Book Store item to be workshopped could be discussed next Tuesday, due to a time-frame rela- tive to a lease renewal. Mayor Campbell commented that was her preroga- tive, if she wanted to have it placed on the agenda. 39.A.4. Ms. McCarty stated that, following the Delray Affair, the sidewalks are covered with stains, chewing gum, etc., and she questioned how this could be corrected. The City Manager stated it was mentioned that a sealer was to be used, and it will be taken care of as soon as the clean-up process has been completed. 39.A.5. Ms. McCarty questioned the status of the Interlocal Agreement with regard to North Federal Highway, with Code Enforcement, the County and the City working together. The City Manager commented that the County Code Enforcement people are working with the City, but it appears they are less anxious than originally was indicated. -16- 4/11/89 39.A.6. Ms. McCarty questioned if the sidewalk pavers on Atlantic Avenue are the type people can put their name on if they buy the brick. Upon an affirmative answer, she stated that Old School Square may be considering this as a possible fund raiser. 39.A.7. Ms. McCarty stated she has been approached by a member of the Historic Preservation Board relative to some proposed zoning changes for Old School Square Historic District to add uses not specified in the Code. Mayor Campbell suggested perhaps she could place it on the agenda for next Tuesday's Workshop if it is a priority with her. 39.A.8o Ms. McCarty stated she understands the Code allows for duplexes on some sub-standard lots and she feels this is negatively impacting the single family neighborhoods. She questioned if the City Attorney could be directed to draft an ordinance to delete the loopholes permitting duplexes on these sub-standard lots. Mayor Campbell advised this is an item that will need to be workshopped. 39.A.9. Ms. McCarty stated she has been requested by someone interested in the Public Hearing process of the Comp Plan that, in addition to the legal advertising, that a display ad be added listing the proposed Bond Issue, the water and sewerage impact and the storm water drainage impact details. The City Manager advised this is already being considered. 39.A.10. Ms. McCarty mentioned she understands one of the Commissioners has an idea with regard to a mailing. Mr. Andrews stated he feels the persons who would vote on a bond issue would probably be those people who voted in this past election and that probably 80 percent of the voters would be involved. Mr. Weatherspoon stated he does not feel they can discriminate, but that the notice must be mailed to the entire voting population. The Commission concurred. 39.A.11. Mayor Campbell commented that there are two piles of bricks on Atlantic and 3rd Avenues and he would like them removed. 39.B.1. Assistant City Attorney Kurtz stated there are three requests in the letter before the Commissioners regarding Marina Delray. In the existing agreement for the two-person apartments, there is a requirement of 400 square feet, which would necessitate an expansion of the build- ing. After a second look at the HRS requirements, which are the same as the City's Code requirements allowing two-person bedrooms of 300 square feet, they would like to maintain that, as the existing bedrooms pres- ently contain 300 square feet. The Commission concurred. Assistant City Attorney Kurtz stated the kitchen areas in the units are also going to be deleted. The interim use as a hotel is going to cease as soon as the property is taken over, which is proposed for May 31, 1989. The Commission was in agreement to the two items. Assistant City Attorney Kurtz stated the possibility of using City right-of-way for buffering had been discussed in addition to using a portion for parking spaces, which appeared to be insufficient. However, there was a typographical error in the agreement and there is ample parking. 39.C.1. The City Manager stated there is one more session needed with the Comprehensive Plan on Capital Improvements. This is the final session and he would like to schedule this as the first workshop item to begin at 6:00 P.M. next Tuesday. 39.C.2. The City Manager expressed a desire to have a budget philosophy meeting with staff and would also like to have a goal-setting session with the Commission. He questioned if Saturday, April 22 or 29, would be acceptable with the members. Mayor Campbell suggested the City Manager take a poll of the Commissioners and select a time and place. 39.C.3. The City Manager stated there are three sets of schemes that can be pursued on LaMat Avenue and he will see that each Commissioner gets copies for reviewing. Mayor Campbell declared the meeting adjourned at 10:38 P.M. -17- 4/11/89 ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 11, 1989, which minutes were formally approved and adopted by the City Commission on~z~ ~ ~~? . NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -18- 4/11/89