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05-09-89 MAY 9, 1989 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Mary McCarty in the Commission Chambers at City Hall at 7:03 P.M., Tuesday, May 9, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived 7:15 P.M.) 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 John Knighton, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Weatherspoon moved for approval of the agenda, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 5. Vice-Mayor McCarty presented a proclamation proclaiming Monday, May 15, 1989, as "Peace Officers Memorial Day". PUBLIC HEARINGS 6. Ordinance No. 30-89. Ordinance No. 30-89, rezoning the proper- ty owned by Minto Builders, located at the southwest corner of Linton Boulevard between Congress Avenue and the E-4 Canal, from POC to RM-10, 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. 30-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT FOR ALL OF LINTON LAKE, ACCORD- ING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 58, PAGES 40, 41 AND 42, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN CONGRESS AVENUE AND THE E-4 CANAL; 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. 30-89 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. Henry Handler, representing Minto Builders, stated his client is requesting approval in order that they might construct 296 multi- family units to be used for rental purposes, opposed to 325,000 square feet of office space. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 30-89 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 7. Ordinance No. 31-89. Ordinance No. 31-89, rezoning property owned by Carole L. Burns, located on the southwest corner of S.W. 10th Street and Miami Boulevard, between Miami Boulevard and Park Avenue in the Silver Terrace Subdivision, from RH to RO, 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. 31-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT IN RO (RESIDENTIAL OFFICE) DISTRICT FOR LOTS 9 AND 10, BLOCK 5, SILVER TERRACE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE SOUTH SIDE OF S.E. 10TH STREET, BETWEEN PARK AVENUE AND MIAMI BOULEVARD; 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. 31-89 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. 31-89 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 32-89. Ordinance No. 32-89, amending the Zoning ~ext to include the definition of "Department Store" and to change the LC (Limited Commercial) Zoning District to limit allowable department stores in the LC District to less than 20,000 square feet, 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. 32-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USE", CHAPTER 173, "ZONING CODE", SECTION 173.001, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION "DEPARTMENT STORE" TO PROVIDE A DEFINITION FOR SAID USE; AND FURTHER AMEND- ING TITLE 17, "LAND USE", CHAPTER 173, "ZONING CODE" "LC LIMITED COMMERCIAL DISTRICT", SECTION 173.556, "PERMITTED USES", SUBSECTION (B), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY LIMITING DEPARTMENT STORES TO 20,000 SQUARE FEET OR LESS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 32-89 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 -2- 5/9/89 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. 32-89 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 33-89. Ordinance No. 33-89, allowing for the placement of signs in a breezeway or at the entrance of a breezeway, 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. 33-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", "PERMITTED SIGNS; REGULATIONS", SECTION 162.035, "SIGNS PERMITTED AND REGULATED IN ZONING DISTRICTS". SUBSECTION (F), "COMMERCIAL DISTRICTS", SUB-SUBSECTION (1), "SHOPPING CENTERS ONLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUB-SUB- SUBSECTION (c) TO ALLOW FOR SIGNS IN A BREEZEWAY AND SETTING FORTH THE CRITERIA FOR SUCH SIGN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-89 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. 33-89 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 10. Old School Square Street Auction. The Commission is to consid- er the approval of an addition of S.E. 2nd Avenue from Atlantic Avenue south, approximately three blocks, to the list of streets for the Old School Square auction on May 20th. Prior to consideration of this addition, a public hearing has been scheduled to be held at this time. The City Manager stated he received a telephone call from Norman's Mower Service, who is opposed to the renaming. In addition, the following persons voiced their disapproval: Ron Gibson, Pat Merritt, Susan Gregory, James Cross, Diane Marotta and Edward Gustee. Vice-Mayor McCarty questioned if 2nd Avenue would be treated the same as Pineapple Grove Way by having the new name placed above. The City Manager stated that is the option of the Commission. The public hearing was closed. Mayor Campbell arrived at this time and took the Chair. Mr. Weatherspoon stated it was his understanding that the name changes were to be dual, with no time frame involved. He sees no reason to go against the wishes of so many of the residents immediately affect- ed. The City Manager reiterated the option of the Commission to have the dual name placed permanently on numbered streets only. Ms. McCarty stated she agrees with Mr. Weatherspoon. -3- 5/9/89 Ms. Brainerd moved for approval of a name change for S.E. 2nd Avenue, keeping the dual name in perpetuity, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned the logic for including this street. Mary Lou Strollo, Executive Director of Old School Square, stated they had a request from a business on 2nd Avenue because people have trouble finding it. Upon question by Mr. Weatherspoon if S.E. 1st, 3rd and 4th Avenues are to remain as they are now, the City Manager replied that they are. Mr. Weatherspoon was of the opinion that the six residents who spoke in opposition to the name change should be given as much consideration as the one businessman who requested it be changed. At this point the roll was called to the motion. 11.1. Jay Slavin, Rainberry Bay, stated she would like to acknowledge the response she received on the upgrading and progress report on the funds for beautification, with a special thanks to Dave Huddleston for his explanation of how the Utility Tax money is used. She feels this report should be made available to the public. She also feels the City is lagging in the beautification of Lake Ida Road west and requests that, at such time when Congress Avenue is complete, that sod be placed from the curb to the sidewalk. 11.2. Teri Gautier stated, after appearing before the Commission on April 25th, she now has a thorough understanding of what the City expects relative to business signs. She suggested that it might be helpful to the Licensing Department of the City, if they offered a list of preferred sign consultants to new businesses coming to Delray. 11.3. Alice Finst and Spenser Pompey, representing the Preservation Board, stated they would like to discuss a sign in the Historic District of the black community. Their request is that they be able to use $1,000 from the budget for signage that was approved by the Commission in April of 1989, and apply it toward expenses of installing a marker. She also requested they be permitted a waiver of the permit fee for the signage. Discussion followed with regard to a drawing presented for viewing by the Commission. Mayor Campbell advised this request will be taken under consideration. 11.4. Pete Bowen, 116 Marine Way, stated he was a member of the Task Force on Parks and Open Space and, even though it was to be a top priority, there was no mention of providing extra parking on the north end of the beach. There have been several prior requests that the Commission complete the Comprehensive Plan, place their priorities and then make up the bond issue, but it seems both are being done at the same time and its a mess. FIRST READING 12. Ordinance No. 34-89. Ordinance No. 34-89, pursuant to the Commission's November 15, 1988 workshop, authorizing the Planning and Zoning Board to grant variances associated with the Congress Avenue widening project, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 23, 1989. The City Manager presented Ordinance No. 34-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USAGE", CHAPTER 172, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 173.921, "CONGRESS AVENUE WIDENING DEVELOPMENT REGULATIONS"; PROVIDING A MECHANISM TO LESSEN THE IMPACT OF THE CON- GRESS AVENUE WIDENING PROJECT ON EXISTING DEVELOPMENT; PROVIDING CRITERIA FOR ELIGIBLE PROPERTIES; PROVIDING POWER FOR THE PLANNING AND ZONING BOARD TO GRANT CERTAIN VARIANCES; PROVIDING THAT THIS ORDINANCE SHALL HAVE NO -4- 5/9/89 EFFECT BEYOND A CERTAIN DATE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 34-89, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 13. Appointment of a Member to the Human Relations Committee. The Commission is to consider the Mayor's appointment to a term ending March 15, 1991. Mayor Campbell requested that this item be postponed. 14. Appointment of Two Members to the Human Relations Committee. The Commission is to consider the appointment of two members of the Nacirema Club to the Human Relations Committee to terms ending March 15, 1991. Mr. Weatherspoon moved to appoint Jessie Herring and Allean Clark, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Appointment of a Member to the Planning and Zoning Board. The Commission is to consider the appointment of a member to fill the unexpired term of Phyllis Plume ending September 28, 1989. Mayor Campbell stated there are two vacancies with a third one occurring by the end of the summer and, since there has been a great deal of interest and concern, he suggested the proper way to handle this would be to allow all the Commissioners to have a nomination. Since Ms. McCarty had an opportunity to do this at the last meeting, he will recognize each member, according to seniority, thereby allowing Mr. Weatherspoon the first nomination. Mr. Weatherspoon stated he would like to defer his appointment until September. Ms. Brainerd moved to appoint David Klarer, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. 16. Appointment of a Member to the Planning and Zoning Board. The Commission is to consider the appointment of a member to fill the unexpired term of James L. Shuler ending September 28, 1990. Mayor Campbell stated, since Mr. Weatherspoon has passed, this nomination will move to Mr. Andrews. Mr. Andrews stated he has not had an opportunity to review the resumes or interview those persons recommended by the P&Z Board and would like to defer this to the next meeting. 17. Waiver of Conditions for Preliminary Plat Approval - Andover Section III. The Commission is to consider a request for a waiver of conditions for preliminary plat approval for Andover Section III. Ms. Brainerd moved for approval of waiver, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -5- 5/9/89 18. Resolution No. 14-89. Resolution No. 14-89, calling for the Chief Judge of the 15th Judicial Circuit to hold jury trials at the new South Palm Beach County Courthouse presently under construction, is before the Commission for consideration. The City Manager presented Resolution No. 14-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, PROVIDE FOR THE HOLDING OF JURY TRIALS AT THE NEW SOUTH PALM BEACH COUNTY COURTHOUSE, PRESENTLY UNDER CONSTRUCTION ON ATLANTIC AVENUE IN THE CITY OF DELRAY BEACH, FLORIDA, AND IN ORDER TO FACILITATE SAID JURY TRIALS, PROVIDE FOR THE CREATION OF A SEPARATE JURY DISTRICT FOR SOUTHERN PALM BEACH COUNTY. (Copy of Resolution No. 14-89 is · on file in the official Resolution Book) Ms. Brainerd moved for the adoption of Resolution No. 14-89, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. McCarty stated it is her understanding that this is a decision of the Chief Judge and the Judges are not completely in favor of having a Jury pool located here. Should this not be approved, she is requesting that this item be workshopped. While she was not a member of the Commission when the agreement to purchase the land was made, with the CRA agreeing to furnish the $1 million dollars for the land, she has since learned that a part of the payback schedule was to be determined by the amount of business generated due to the Jury pool being seated in the area. Now she has some concerns relative to the financial situation of the CRA, due to the implications of not having the Jury pool located here. The City Manager stated he feels that the resolution calls for the City to, affirmatively and actively, pursue the Jury pool and he would prefer that positive action be taken. Mayor Campbell advised that the County Commission is on record as supporting this and it was their decision and design to build a new South County Courthouse with this Jury District in mind. Mr. Weatherspoon stated it was not his understanding that the CRA and their indebtedness was predicated on whether or not a Jury pool was included in the South County Courthouse building. Ms. Brainerd stated, since the Commission is in agreement that this needs to be pursued aggressively, perhaps staff or the Mayor might have suggestions as to what, if anything, can be done in addition to the resolution to try for a commitment. The City Attorney stated if the Palm Beach County Bar Associa- tion can be convinced to support this issue, it could be very helpful. The Commission concurred to have the City Attorney pursue this action. At this point the roll was called to the motion. 19. Golf Course RFP. The Commission is to consider the composition of the review committee to screen proposals received to provide golf course management services. Mayor Campbell stated he had questioned whether or not the initial review committee would be expanded from the original five members to seven, because he did not feel staff should have to assume full responsibility, especially since the City is a co-bidder. -6- 5/9/89 The City Manager stated there has been some question as to whether the committee should be only professional' staff and profes- sionals in the field. He feels staff should continue with the evalua- tion and recommendation and, if it is felt the review was not as thor- ough or objective as it should have been, then an alternate method can be selected. Mayor Campbell commented that he feels it necessary that the administration make a statement clarifying their position and how the RFP's will be reviewed. The City Manager stated it is the position of staff that they prefer to have it managed by contract with a golf course operator. Mr. Weatherspoon expressed a concern that questions may be raised, with the City being a part of the bidding process, whether they should also be the majority of the committee reviewing the RFP's. Ms. McCarty questioned if she is correct in her understanding that staff will be reviewing this and, if they choose to seek additional professional advice, both in the public and private sector, county-wide, that will be left to the discretion of staff. The Commission concurred to leave the recommendation as is. 20. Enclave 50 Annexation. The Commission is to consider the initiation of procedures to annex Enclave 50 and the development sched- ule for property(s) in that Enclave. The City Manager advised this property had been anticipated for annexation this coming November, but the City has received requests from residents along LaMat Avenue along with the owners of the Chamberlain property for an earlier annexation. Ms. McCarty moved to authorize staff to enter into earlier negotiations for the annexation of Enclave 50 prior to the contemplated date in the agreement with Mr. Chamberlain, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 21. Amendment No. 1 - City Hall Contract. The Commission is to consider an amendment decreasing the scope of work for the City Hall expansion project and identifying a funding source in lieu of letter of credit closing. Approval is recommended. 22. Interlocal Agreement Recycling Grant Application. The Commis- sion is to consider a request from Solid Waste Authority to participate in a joint application for recycling grant money from the Florida Department of Environmental Regulation. Approval is recommended. 23. Approval of Agreement between the City and Palm Beach County School Board: Approval of an agreement with the School Board to provide school buses and drivers for the Summer Day Camp programs is before the Commission for consideration. Approval is recommended. 24. Interlocal Agreement between the City and Palm Beach County. The Commission is to consider the approval of an agreement with the County and allocation of funding from the 1988 Water and Sewer Fund to correct utility conflicts and install a 12" water line on Military Trail from Atlantic Avenue north to the L-30 Canal. Approval is recommended. 25. "Non-Recourse" Agreement. The Commission is to consider the approval of a "non-recourse" agreement for an encroachment within a drainage easement in Pelican Harbor. Approval is recommended. 26. Satisfaction of Nuisance Abatement Lien. The Commission is to consider an offer of a payment in the amount of $500 to satisfy a lien on property located at 216 S.W. 13th Avenue. Approval is recommended. -7- 5/9/89 27. Request for Landscape Variance - Cromwell Restaurant. The Commission is to consider a request to modify and amend the landscaping plan for Cromwell Restaurant to omit landscape islands in the parking area. Approval is recommended. 28. Request for Administrative Relief. The Commission is to consider a request for administrative relief for use of compact car spaces at Pelican Harbor. Approval is recommended. 29. Final Plat - Exxon Station. Approval of a final plat for the Exxon Station located at Atlantic and Congress Avenues is before the Commission for consideration. Approval is recommended. 29.A. Final Payment - Solo Construction Company. The Commission is to consider the approval of a final payment to Solo Construction Company for construction of Interim Golf Course Well Field Production Wells 7W - 14W, Part B - Raw Water main in the amount of $88,034.19. Approval is recommended. 30. Award of Bids and Contracts. A. Approval - Project Manager - Water Treatment Plant Improvement Project. Approve the addition of Project Manager for the Water Treatment Plant Expansion project to provide Resident Inspection and Administration services in the amount of $68,000 with funding from the 1988 Water and Sewer Bond Fund (Account No. 441-5162-536-60.41). B. Award Contract - Engineering Services for shop drawing review and general construction administration - Water Treat- ment Plant Expansion - Post, Buckley, Schuh and Jernigan in the amount of $85,420 with funding from the 1988 Water and Sewer Bond Fund (Account No. 441-5162-536-60.41). c. Award Contract - Phase II, Data analysis in conjunction with preparation of Storm Water Utility Program - Gee and Jenson in the amount of $17,500 with funding from Storm Water Utility Study (Account No. 334-3161-541-60.59). D. Award Bid - Trailer Office Space Rental for Planning Department temporary location - Gelco Space in the amount of $19,669 with funding from Planning Budget (Account No. 001-2511-515-60.81). Ms. McCarty moved for approval of the Consent Agenda, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31.A.1. Mr. Weatherspoon questioned the status of his request for a signal change at Congress Avenue and Germantown Road. The City Manager stated the City Engineer will return from vacation this week and he will get an answer to him. 31.A.2. Mr. Weatherspoon stated an alternate member needs to be ap- pointed to the South County Council of Government. 31.A.3. Mr. Weatherspoon commented that he has been questioned by residents of Silver Terrace as to why their streets were excluded from the DEcade of Excellence and needs some answers for these people. 31.A.4. Ms. McCarty questioned if there has been a reply from the School Board. The City Manager stated he received a letter yesterday indicating their staff is analyzing the report to compare it with the City's School Board policies and the commitments made to the Delray Committee. When this is complete the Commission will be notified and a meeting can be scheduled. 31.A.5. Ms. McCarty stated a letter has been received from Sandy Simon relative to the problems at Veterans Park with loitering, etc. She questioned the position of the City and the funds that were supposedly allocated last year at budget time. Mayor Campbell advised that item is -8- 5/9/89 on the Workshop Agenda this coming Tuesday. Joe Weldon, Parks and Recreation Director, stated it was his understanding there was $50,000 available in Public Utilities to try and repair some of their facili- ties. There was also discussion of putting $150,000 in the budget to proceed with landscape and irrigation work, but that did not happen, as a funding source was never identified. 31.A.6. Ms. McCarty requested if the Human Relations Committee could have someone look at the County format of Crime Watch and get back to the Commission. 31.A.7. Ms. McCarty stated she understands there is a crack house located across the street from Spady School that is slated for demoli- tion and she hopes that something could be initiated, especially places close to schools, that would become a top priority opposed to waiting for all the red tape. 31.A.8. Ms. McCarty stated, upon reading the Public Utilities Division Management Report, she wonders what plans staff has in the future to implement the recommendations. The City Manager advised that Bill Greenwood has been hired as the new Public Utilities Director, to take effect on May 31st, and the report will be put to good use. 31.A.9. Ms. McCarty questioned the discussion relative to purchasing the property north of Cason Cottage, which was to be reconsidered after the parking study, and she now understands that parking study is nearly six months away. Frank Spence, Director of Development Services, stated it is the opinion of Wilbur Smith Associates that, even though the lot next to Cason Cottage is just outside of their area, it would have no significant impact on the parking needs of Old School Square. They do not feel it would be large enough to put a parking lot on the location. Upon question by Mayor Campbell as to why it was purchased, the City Attorney commented it was part of the total package. Ms. McCarty stated she would like the Commission to move forward in disposing of the property and having it contingent upon the construction of something of an historic nature within the year. The Commission concurred to have the property appraised. Mr. Andrews questioned the fact that the Historical Society was looking for a site on which to place one of the City's buildings. Ms. McCarty stated at this time they do not have the money to do that. 31.A.10. Ms. Brainerd questioned if parking is allowed on lawns and easements in single family and multi-family neighborhoods. Some resi- dents have gone to a great deal of expense to sod and install sprinkler systems, only to have them deteriorate within six months due to people parking on these locations. If Code Enforcement allows this sort of parking and the City enforces the Good Neighbor policy, she feels there is a loophole there and it needs to be workshopped. The City Attorney stated temporary parking is allowed, but if that right should continue to be abused, a homeowners' association could call Code Enforcement and have it monitored. 31.A.11. Ms. Brainerd stated the Commission recently gave direction that elevation and drawing sets were to be required for all plans that were development projects coming before the City. She was contacted by persons who informed her they had submitted seven sets to the P&Z Board and now they are asked to provide five more, which can be quite expen- sive. She questioned if there is a way the P&Z Board, upon completion of their review, could allow the Commission to view those sets. The City Manager stated, where there is no change required, he feels that could be done. Mr. Kovacs stated the process requires that one week before the P&Z Board meeting, twelve sets of the site plan, landscape plan and elevations are to be submitted, which amounts to only twelve sets of the three sheets and not the entire set. The reason for that is, if a situation arises where one member is absent, two members forgot theirs, etc., he does not have to take a staff person to recover all these sets. 31.A.12. Ms. Brainerd questioned the status of the lease on the Book Store. The City Manager stated a letter has been received from Mrs. Kelly, who also had difficulty locating the owners, and is awaiting a reply. The City Attorney advised the appraisers contacted that same -9- 5/9/89 person by phone, requesting a copy, and were turned down. As a result, it will be a form of an appraisal, with the exception of no knowledge of a lease, for what duration and under what terms. Ms. Brainerd stated she continues to become less comfortable with the entire situation. Mr. Andrews stated he understands the Book Store property can be condemned. He questioned, if this happens, is the lease condemned or wiped out. The City Attorney advised title to the property is acquired allowing the City to do anything the property owner could do. Mr. Andrews then questioned, with condemnation procedures, if the City would then have the right to get the lease. The City Attorney stated the City would acquire it, but it could be bought out. Mr. Andrews stated if the lease is not available for review, then he would like the Book Store to be condemned. The City Attorney advised that, depending on what the use will be for the property following the acquisition, the lease could be eliminated. To do so, would possibly require that that person be paid business damages. Mr. Andrews questioned how the lease can be obtained before it is condemned. There is no mechanism available to subpoena it, unless there is an ongoing court case. Upon question by Mr. Andrews, the City Attorney stated a condemnation case can be dropped later on, if it was learned the involvement was not wanted. Mr. Andrews requested, in the near future if there is no response from the owner, he would like to know the costs incurred to go into the condemnation process to get the lease. Mr. Weatherspoon questioned if the Commission could condemn property not located in the City. The City Attorney advised this can be done for public purpose. 31.A.13. Mr. Andrews questioned if the City has studied a "Reserve Police System". The City Attorney advised the City formerly had one. Charles Kilgore, Chief of Police, stated the system went by the wayside due to a lack of volunteers and the liability involved. 31.A.14. Mr. Andrews stated he is looking forward to the possibility of delaying the Comprehensive Plan until May 30th. The City Manager stated he feels there is merit in making sure all five Commissioners are present. Mr. Kovacs recommended the Public Hearing be held on May 23rd in order to have discussion for direction. 31.B.1. The City Attorney advised the Commission received a memo relative to Lot 3, with a request to deed a ten-foot strip of property. This is located between a property line and the Intracoastal Waterway and appears to be surplus. He is requesting direction from the Commis- sion to go forward with the advertising in order that it be on the agenda for May 23rd. The Commission concurred. 31.B.2. The City Attorney requested direction from the Commission with regard to review of redrafts and negotiations of contracts and agree- ments for the Old School Square and other third parties; this is in light of the Commission's direction not to do such things with regard to the CRA. Upon question, the options are: the office does not become involved at all, the office becomes involved on this one particular issue and bring every individual issue back to the Commission, the office assists them will all their legal matters or that they get their own counsel. Mary Lou Strollo commented Old School Square has its own legal counsel. The reason the City Attorney was requested was, since this is City property that is being bid on, they need to know if they go for liquidated damages, a bondable opposed to a bonded contractor and/or a look at the liability limits. Mayor Campbell stated he feels it is a bad idea to have a duplication; however, if this is just one incident, he has no problem with it and will leave it to the discretion of the City Attorney. 31.C.1. The City Manager stated the Cystic Fibrosis Walk-a-thon will be passing through Delray. The organizers have requested permission to install an 8'x10' tent for use during registration. Mayor Campbell advised it should be deemed an emergency and a vote will be taken. Ms. Brainerd moved to declare an emergency in order to allow the approval of the tent, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -10- 5/9/89 31.C.2. The City Manager reminded the Commission that Visions 2000 will be held Friday morning beginning at 8:30 A.M. Mayor Campbell declared the meeting adjourned at 8:37 P.M. City ~Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of May 9, 1989, which minutes were formally approved and adopted by the City Commission on ~_~ ~/~ . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -11- 5/9/89