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06-27-89 JUNE 27, 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 7:04 P.M., Tuesday, June 27, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. Reverend Nygard also requested a couple of minutes of silence in memory of Marilyn Remark, a Delray Beach paramedic, who was killed while vacationing in the State of Washington. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Attorney advised Mayor Campbell of the Amendments to ~he Agenda; Item 5, Item 8.A., Item 22, which is being moved to 5.A. and Item 26.A. (shown as an amendment to the Consent Agenda) and should be placed at the end of the Regular Agenda because of changes being made, making it Item 21.A. There has also been a second item added to the Workshop Agenda. Ms. Brainerd moved for approval of the amended agenda, 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. Mr. Weatherspoon moved for approval of the minutes of Special ~eetings of May 30, 1989 and June 8, 1989, 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. 5.A. & 22. Public Hearing - Old School Square Lease Agreement. The Commission is to consider the Old School Square Lease Agreement. Prior to consideration of this lease agreement, a Public hearing has been scheduled to be held at this time. 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 approval of the lease for Old School Square, seconded by Ms. McCarty. The City Attorney stated there are two technical changes in paragraphs 10, 17, 27 and in the attachment that do not affect the substance of the lease. Ms. Brainerd amended her motion to accept the technical changes to be made by the City Attorney, Ms. McCarty amended her second. 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. PUBLIC COMMENTS 6.1. Inqrid Eckler, 2750 Seacrest Boulevard, representing the League of Women Voters of South Palm Beach County, stated earlier this year the League of Women Voters of the United States embarked on a program entitled, Advocate for the Voter. Due to the fact that participation in voting has been declining for the past thirty years, she is respectfully suggesting the date for the election pertaining to the Decade of Excel- lence Bond Issue be no earlier than the first Tuesday after the first Monday in November, which is November 7th. Since these bonds are to be paid over a period of twenty to thirty years, it seems only proper that all persons involved should have an opportunity to cast their vote, including those persons who spend their winters here, but do not always arrive in the month of October. Since this would require a special election in November, 1989, at a cost of $10,000, she is suggesting this be placed on the ballot of the next municipal election of March 13, 1990. 6.2. Sam Schwimer, Pines of Delray, stated he previously mentioned the fact that there have been numerous break-ins and robberies, not only in the Pines but, in other areas as well. He feels there is a need for additional police patrol in this area, in addition to Carver Estates, opposed to the purchase of a book store and additional tennis courts. 6.3. Margaret Ehrmann, President of Tropic Palms Homeowners Associa- tion, stated she feels the Laver's Tennis Court item is an important issue to the entire City and its residents and is grateful it has been placed on the agenda. Also, there is a house located in the Tropic Palms subdivision that has been deteriorating for a long time and neighboring residents are leaving, one by one. The Association has been attempting to get the City to require this house be brought up to code. Last week, after a call to Code Enforcement, they were told the staff was no longer enforcing the Good Neighbor Ordinance. She is requesting that the Commission please look into why the ordinance is not being enforced. 6.4. David Applebaum, 322 S. W. 28th Avenue, stated he would like to speak about an incident that occurred at the Delray Beach Country Club today, due to an article that appeared in a local newspaper. He re- sponded to a reporter with regard to questions pertaining to the im- provement of the Golf Course. Upon arrival at the Golf Course this morning, he was confronted by Mr. Code House with verbal abuse and direction that he was no longer welcome on the course, if his contract is renewed. He feels the Commission should take proper action to see that citizens are not threatened or abused. 6.5. Arthur Jackel, Chairman of the United Property Owners, stated that he agrees with Ms. Eckler regarding the voting date. Surely, the City would like the largest citizen participation possible for the $21 million dollar bond issue. He feels the only date acceptable should be November 7, 1989, allowing a large voter turnout. 6.6. Robert Johnson, Executive Director of the South Florida Science Museum, stated he is present to request support from the City for further development and enhancement of science education in Palm Beach County. Support is needed not only in the form of dollars, but also in the form of visitors taking advantage of their facility. Their request has been for donations at a level of $5 to $10 thousand dollars. Mayor Campbell advised the Commission will take the request under considera- tion. 6.7. Rosetta Rolle, 301 N.W. 3rd Avenue, stated she is requesting that the Commission adopt a resolution to allow a counter rally to the burning of a cross by the Ku Klux Klan in Lantana on May 12, 1989, to be held on July 1st at the Boynton Beach Civic Center parking lot. 6.8. Leroy Andrews commented that he, also, is present to request that the rally be allowed to protest the attempt at racial upheavel in the City. He stated he feels the Code Enforcement Department is not in agreement with Charlotte Durante's position with regard to Rosemont Garden and Rosemont Park Homeowners Associations. He would also like some action taken to better enforce the law on West Atlantic Avenue in the neighborhood of the Paradise Club. -2- 6/27/89 6.9. Bill Hazzard, N.E. 13th Street, President of the Chamber of Commerce, requested that Commissioner Weatherspoon join him in present- ing a flag to the City, which is one of 75 that have been purchased to be flown along Atlantic Avenue for the Fourth of July celebration. 6.10. Andre Fladell, Linton Boulevard, stated he attended a meeting with Commissioner Kennedy of the Tri-County Railway Authority, who informed him the Tri-County Railway was never intended to pass through Palm Beach County. There was a Federal Grant of $118 million dollars given, and in order for that grant to be placed in the hands of the City, they had to extend to three Counties. The timing of the Tri-Rail construction was to coincide with the 1-95 widening, in order to relieve Broward County traffic. He would like the citizens of Delray to be aware that no money was spent for the development of this railway for the City of Delray and other stations in the County. This was, in no way, to be used for relief of the transportation problem in Palm Beach County. After being in touch with the County Commission, Senators and Representatives for this area, Commissioner Kennedy stated he would like Delray Beach to be designated as a mass transit center for south Palm Beach County. Commissioner Kennedy has requested a set of proposals from the City of Delray with options as to what the City would like to see done to the entire area; a three to five year visionary development- al plan to coincide with the expansion of the Tri-County Railway. A special session of the Legislature will be held at the end of the summer to discuss the transportation needs of the State of Florida. His suggestion would be to enlist the help of Kathy Daley, make sure the City Manager is available with option plans, meet with Tom Gustafson prior to the Legislative Session and make a statement that the mass transit center would be the solution to moving people to and from places as opposed to using 1-95. FIRST READINGS 7. Ordinance No. 36-89. Ordinance No. 36-89, amending Section 173.345 "Setback Regulations'' by adding a new subsection (G) to permit roof eaves to project over zero lot lines up to a maximum of 18 inches if adequate gutters are provided to prevent run-off onto contiguous property, providing that eaves or other overhangings do not project over utility easements, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July llth. The City Manager presented Ordinance No. 36-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.345, "SETBACK REGULATIONS", BY ADDING A NEW SUBSEC- TION (G) TO PERMIT ROOF EAVES TO PROJECT OVER ZERO LOT LINES UNDER CERTAIN CONDITIONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 36-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 8. Ordinance No. 38-89. Ordinance No. 38-89, annexing Enclave 50, located in the vicinity of LaMat Avenue and Federal Highway, including the former Chamberlain property with various commercial and residential City Zoning, is before the Commission for consideration on First Read- ing. If passed, Public Hearing will be held July 25th. The City Manager presented Ordinance No. 38-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, IN PART, -3- 6/27/89 AND SECTION 29, IN PART, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN DIXIE HIGHWAY (AS THE WEST BOUNDARY) AND FLORIDA BOULEVARD (AS THE EAST BOUNDARY), AND BETWEEN AVENUE "F" (AS THE NORTH BOUNDARY) AND AVENUE "J" (AS THE SOUTH BOUNDARY); REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT, IN PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 38-89 on First Reading, 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. Before roll call the following discussion was had: The City Attorney stated this is the item on which a letter has been received from Attorney Saberson. Mr. Weatherspoon questioned what the logic is in the P&Z Board recommending the zoning be GC opposed to SC and, also, does this refer to just the frontage or the entire parcel. Mr. Kovacs, P&Z Director, stated the frontage, only, is being referred to and the reason for the recommendation of GC is that, upon site investigation, it was found that the property was not being used for automobile related purposes at that particular time. Upon question by Mr. Weatherspoon if Avenue "G" would not be a logical natural boundary to terminate SC zoning, Mr. Kovacs replied that he did not feel it would. Jean Beer, 945 Tropic Boulevard, stated she feels the problem with the Tropic Bay condominium is being directly behind this property and having a body shop directly facing it with all the attendant noise. The property is actually two small pieces of property owned by two different people and totaling one-half acre. Harry Reagan, President of Tropic Bay Condominium Association, stated the natural boundary is exactly where it should be, in his opinion. He feels there should be no other zoning than what they have now. Charles Smith, 2110 Spanish Trail, stated if the situation were reversed concerning the way automobile dealerships are built, with the front and back reversed, he feels the situation would be completely different. At this point the roll was called to the motion. 8.A. Ordinance No. 39-89. Ordinance No. 39-89, amending the Sign Code to provide for residential subdivision entrance gates in certain zoning categories and providing criteria for size and placement of such signs, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July llth. The City Manager presented Ordinance No. 39-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING 162.004, "DEFINITIONS", "ENTRANCE GATES TO DELETE CRITERIA FOR RESIDENTIAL SUBDIVISION IDENTIFICA- TION SIGNS FROM THE DEFINITION OF ENTRANCE GATES" BY -4- 6/27/89 AMENDING "PERMITTED SIGNS, REGULATIONS", SECTION 162.035, "SIGNS PERMITTED AND REGULATED IN ZONING CATEGORIES", SUBSECTION A, "RESIDENTIAL R- 1AAA AND R- 1AAAB" , BY REPEALING SUBSECTION (A) (5) , AND RENU~ERING SUBSECTION (A) (6) TO (A) (5) , BY AMENDING SUBSECTION B, "RESIDENTIAL R-lA, R-1AAB, R-1AA AND R-lAB", SUB-SUBSECTION 1 BY ELIMINATING REFERENCE TO SUBPARAGRAPH (A) (5), BY AMENDING SUBSECTION C, "RESIDENTIAL RM-6 AND PRD 4, 7, AND 10", SUB-SUBSECTION 1 BY REPEALING REFERENCE TO SUBSECTION (A) (6); BY AMENDING SUBSECTION D, "RESIDENTIAL RM-10 AND RM-15", SUB-SUBSECTION 1 BY DELETING REFERENCE TO SUB- SECTION (A) (6); BY ENACTING A NEW SUBSECTION 162.047, "RESIDENTIAL SUBDIVISION ENTRANCE GATES", TO PERMIT RESIDENTIAL SUBDIVISION ENTRANCE GATE SIGNS IN CERTAIN ZONING CATEGORIES AND TO PROVIDE CRITERIA FOR THE SIZE AND PLACEMENT OF SUCH SIGNS, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 39-89 on First Reading, 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. Before roll call the following discussion was had: Ms. Brainerd questioned how this changes the Sign Code, if the ordinance is passed. The City Attorney stated this will allow entrance gate signs in certain residential zoning districts. The City Manager stated the Tropic Isle subdivision had requested approval to upgrade their sign and make it more attractive, at which time it was discovered it was not a legal sign to start with. The City Attorney advised he has a lengthy explanation he will send to the Commission prior to Second and FINAL Reading. At this point the roll was called to the motion. REGULAR AGENDA 9. Resolution No. 34-89. Resolution No. 34-89, providing "one stop shopping" for filming permits throughout Palm Beach County by authorizing the Palm Beach County Film Liaison Office of the Tourist Development Council to act as the permitting agency for Delray Beach and other Palm Beach County municipalities, is before the Commission for consideration. The City Manager presented Resolution No. 34-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING THE CONCEPT OF A "ONE-STOP PERMIT" PROGRAM FOR MOTION PICTURE AND TELEVISION PRODUC- TION WITHIN THE CITY OF DELRAY BEACH, TO BE ISSUED BY THE PALM BEACH COUNTY FILM LIAISON OFFICE OF THE TOURIST DEVELOPMENT COUNCIL; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 34-89 is on file in the official Resolution Book) Ms. McCarty moved for the adoption of Resolution No. 34-89, 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: Charles Eldridge, representing the Film Liaison Office and the County Commissioners who approved this, congratulated the Commissioners -5- 6/27/89 on their vision to become the first City to become involved in "one stop permitting". At this point the roll was called to the motion. 10. Appointment of an Alternate member to the Board of Adjustment. The Commission is to consider the appointment of a member to the Board of Adjustment to fill the unexpired term of Anthony Veltri which expires March 15, 1992. Mr. Weatherspoon moved to appoint Mark Krall, seconded by Ms. McCarty. 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. 11. Appointment of four members to the Community Redevelopment Agency (CRA). The Commission is to consider the appointment of four members to the CRA to terms ending July 9, 1993. Mr. Weatherspoon moved to postpone this item and allow a workshop to review the past action of members and decide if the Board is to be continued in the present format, seconded by Ms. Brainerd. 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. 12. Appointment of three members to the Downtown Development Authority (DDA). The Commission is to consider approval of three members to the DDA, one to a term ending July 1, 1991 and two to terms ending July 1, 1992. Ms. McCarty moved to appoint Sal Matteis to the DDA, seconded by Mr. Weather?.-~oon. 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. Mr. Weatherspoon moved to appoint Roy Simon to the DDA, second- ed 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. Ms. Brainerd moved to appoint Linda Glass to the DDA, seconded by Ms. McCarty. 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. 13. Ratification of Chamber of Commerce Appointment of two members to the Human Relations Committee. The Commission is to consider the appointment of two members to the Human Relations Committee to terms ending March 15, 1990. Ms. Brainerd moved for ratification of Jerry Janero and Rabbi Sam Silver, seconded by Mr. Andrews. 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. 14. Designation of registrar. The Commission is to consider the formal appointment of the Finance Director as registrar for various bond issues. Ms. McCarty moved to appoint the Finance Director as registrar for various bond issues, 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. Designation of Bond Counsel for the 1989 General Obligations Bond. The Commission is to consider the retention of Mudge Rose Gutherie Alexander and Ferdon as bond counsel for the 1989 GO bond. -6- 6/27/89 Ms. Brainerd moved to retain Mudge Rose Gutherie Alexander and Ferdon as bond counsel, seconded by Mr. Weatherspoon. Mr. Andrews questioned if this is strictly a matter of format or does the City receive bids from others. The City Attorney advised it is up to the Commission, but there have been no RFP's on outside counsel for bond issues since he has been with the City. Mayor Campbell stated he had a conversation with Mr. Sanford and told him approval tonight would not automatically approve any set fees and, prior to the bond issue, he needed to submit a letter of intent to the Commission and that would be negotiated. Ms. Brainerd amended her motion making it subject to further negotiation regarding the fee schedule, Mr. Weatherspoon amended his second. 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. 16. Conditional Use and Site Plan Approval - Renaissance Dental Studio. The Commission is to consider a site plan and conditional use approval to convert the present structure located at the northeast corner of N.E. 2nd Avenue and 5th Street into a Dental Lab, subject to the following conditions: 1. That prior to the issuance of a building permit the following items must be addressed: A Unity of Title must be filed and recorded. The site plan must be revised to show the elimination of the driveway onto N.E. 2nd Avenue and the elimination of the existing walkway leading from the building. With the construction permit application the upsizing of the 3/4 inch water meter to a one inch meter and the provision of a backflow preventer system must be incorpo- rated on the plans. With the construction permit application a floor plan to be submitted to show the provision of handicap fixtures such as increased door widths and grab bars within bathrooms. That the site plan be revised addressing the items noted under the Technical Review section of this report. (Technical Review Item #6 - To require 4x4 pressure treated wood protective curbing). 2. Prior to the issuance of any Certificate of Occupancy the existing wood posts located at the southwestern and western area of the site should be removed. 3. That specific approval be obtained from the Building Department and the Historic Preservation Board for the business sign along N.E. 2nd Avenue. Mayor Campbell left the Commission Chambers and Vice-Mayor McCarty took the Chair. The City Manager stated the applicant is requesting site plan and conditional use approval to convert the present structure into a 1,684 square foot building for use as a dental laboratory. The site lies within an area formally designated as the Del Ida Historic District and is also within the Community Redevelopment area. The CRA, at its June 7th meeting, reviewed the conditional use and site plan and had no objection to the proposed use. However, the Board requested that the structure be more residential in character by the installation of a different roof instead of the flat roof which now exists. The Historic Preservation Board, at its June 16th meeting, granted a Certificate of Appropriateness, reviewed and approved the landscaping program and building changes, subject to modifications. The -7- 6/27/89 Historic Preservation Board also granted relief to allow a shell rock parking lot surface. Ms. Brainerd moved for approval, 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. Before roll call the following discussion was had: Mr. Andrews questioned the Commission's approval of shellrock. The City Manager stated this is granted where there is little usage, generally within the Historic District and it is within the parameters of the Board to allow this. Mr. Andrews stated he feels the intent was a shellrock base with a decorative covering. Mr. Kovacs advised that the Commission amended the Code to give the Historic Preservation Board the variance authority to approve any surface other than asphalt paving and, therefore, is not an issue for discussion on this item. Vice-Mayor McCarty suggested that, for policy direction, the Commission may want the City Manager to discuss this further with the Historic Preservation Board. The Commission concurred. At this point the roll was called to the motion. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. 17. Site Plan Approval - Mayfair Animal Hospital. The Commission is to consider site plan approval for Mayfair Animal Hospital located on the east side of S.E. 6th Avenue, between S.E. 5th Street and S.E. 6th Street, subject to the following conditions: 1. Provide an F.D.O.T. permit for the driveway realignment at Federal Highway. The permit must be provided prior to issuance of the external building permit. 2. Provide verification from Palm Beach County Health Department that medical wastes associated with the Animal Hospital operation will be allowed to discharge into the septic system. 3. Submittal of revised paving and drainage plans addressing the following: a. Provide swale areas and typical cross sections along north and south sides of parking area. b. Provide typical detail of 6" bituminous curb. c. Provide striping to area south of the dumpster at back-out area. d. Provide stop signs, stop bar, no left turn sign at the exit onto Federal Highway. e. Provide typical parking space details per City Standards including signing, marking, curb location, etc. f. Amend the plans to correspond with the site plan i.e. addition of a landscape island next to dumpster. 4. Submittal of a revised Site Plan addressing the follow- ing: Provide non-mountable curbing pursuant to Section 173.772 (D) (4) adjacent to the two end spaces at east end of the parking area. Provide note that the fence located 9 feet from the east property line will be removed. 5. Submittal of a revised Landscape Plan addressing the following: Provide location of outdoor lighting, indicating the direction, height and type. -8- 6/27/89 Providing a note that proposed trees will have a minimum spread of six feet and minimum six feet of clear trunk. 6. Submittal of revised Water and Sewer Plans addressing the following: Indicating the installation and location of the backflow preventer. 7. Submittal of revised floor plans addressing the follow- ing: Removing both proposed doorways from the south side of the buildings which exit into entryway driveway. 8. A waiver being granted from City Commission from Section 159.30 (Perimeter Landscaping) allowing a 2 1/2 foot wide landscape strip vs the required 5 foot. Ms.Brainerd moved for approval, subject to the recommendations of the P&Z Board, 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. 18. Site Plan Approval - Fire Station No. 2. The Commission is to consider approval of a site plan for Fire Station No. 2 located on the east side of Andrews Avenue, between E. Atlantic Avenue and Lowry Street, subject to the following conditions: Ao Dedication of seven feet for additional right-of-way along Andrews Avenue. B. Construction of a five foot sidewalk adjacent to Andrews Avenue along the site's frontage. C. Installation of a fire hydrant, located per direction of the Fire Marshall. Ms. Brainerd moved for approval of the site plan, subject to the recommendations of the P&Z Board, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 19. Resolution No. 33-89. Resolution No. 33-89, requesting an easement for an offshore borrow area from the State of Florida, is before the Commission for consideration. The City Manager presented Resolution No. 33-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING APPROVAL OF A SUBMERGED LANDS EASEMENT FROM THE STATE OF FLORIDA AND A WAIVER OF DREDGE FEES FOR AN OFFSHORE BORROW AREA. (Copy of Resolution No. 33-89 is on file in the official Resolution Book) Mayor Campbell questioned if there will be a borrow area or will sand be pumped or barged in. The City Manager stated this author- izes the City to use the borrow area offshore, in conjunction with the beach renourishment project, but is not a definitive determination at this point. Ms. McCarty moved for the adoption of Resolution No. 33-89, 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. 20. Resolution No. 35-89. Resolution No. 35-89, requesting funding from the Florida Department of Natural Resources in the amount of -9- 6/27/89 $2,007,236.25 for our Fiscal Year 1990-1991 beach renourishment project, is before the Commission for consideration. The City Manager presented Resolution No. 35-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1990/1991 BEACH RENOURISHMENT, COASTAL ENGINEERING, ENVIRONMENTAL MONITORINGS OF THE BEACH AND REEF, SAND SEARCH, REVEGETATION OF THE DUNE, PROTECTIVE WALKWAYS FOR ACCESS THROUGH THE DUNE, AND PROJECT MONITORING FOR THE PROPOSED 1990 BEACH RENOURISHMENT. (Copy of Resolution No. 35-89 is on file in the official Resolution Book) Ms. Brainerd moved for adoption of Resolution No. 35-89, 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. 21. Determination of Acceptability of Golf Course Restaurant Bid. The Commission is to consider review of a bid submitted by Jerry Miller for the golf course restaurant to determine if submission was in accor- dance with Section 36.06 "Competency in Bidding" of the Code of Ordi- nances. The City Manager commented that staff needs a determination of whether or not the bid submitted was in compliance with the Code of Ordinances and the City Commission must make that determination. The City Attorney stated the Commission has authority, under the specs, to waive technical irregularities and non-compliance if they desire. If the Commission does not do that, it will eliminate the bid from further review and consideration. The three non-compliance items are the lack of a sealed bid, the timeliness and the failure to provide a certified check. Upon question by Mayor Campbell, the City Attorney stated it will have no effect on any other bidders as none of them have that problem. Ms. Brainerd questioned if there are other instances where Commissions have waived these requirements. The City Attorney stated other technical non-compliances with bids have been waived before. Ms. Brainerd commented that she has a problem with waiving the personal check. She feels, if he were given a certain amount of time to submit a certified check as all the other bidders did, she would be comfortable waiving the other two requirements. Ms. Brainerd moved to waive the time requirement and sealed bid requirement but require Mr. Miller to submit a certified check within 24 hours, in order for his bid to be considered valid, seconded by Mr. Weatherspoon. The City Attorney suggested a specific time be chosen opposed to 24 hours. Ms. Brainerd moved to amend the time to state by 9:00 A.M. on Thursday, July 27th, 1989, Mr. Weatherspoon amended his second. Reeve Bright, representing Mr. Miller, stated that Mr. Miller is the current operator of the restaurant and the City is presently holding $5,000 of his money on that contract. He would appreciate the consideration of extending the time frame until the close of business on Friday at 4:00 P.M. Ms. Brainerd amended her motion to state at 4:00 P.M. on Friday, June 30th, Mr. Weatherspoon amended his second. 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- 6/27/89 21.A. Ratification of Auburn Trace Closing Documents. The Commission is to consider ratification of Auburn Trace Closing Documents. Assistant City Attorney Kurtz stated the closing for the City's transfer of the land to Auburn Trace Joint Venture is scheduled for tomorrow. Included in the loan agreement is a hold harmless provision with respect to the location of the security guardhouse over the City's water main, an authority for the Commission to approve and review the management firm, rules of regulations for the development and an option paragraph allowing the City to acquire, at no further cost, the drainage areas for park and recreational use. He further stated there is a possibility that the City might be in a position to execute a similar promissory note and add to the mortgage the amounts that are contained in the UDAG, that is, the $3.84 million dollars and the City's $768,000 matching funds. The mortgage has incorporated the loan agreement, which is contingent upon getting the funding from HUD, but Southeast Bank has not given the City the mortgage documents as yet. There is also a request that the property be deeded to Auburn Trace Limited, which is the developer referenced in the UDAG. Finally, there is an issue raised previously as to how the excess syndication proceeds are to be treated. This is going to garner between $4.4 and $4.6 million dollars, depending on the decision of the City Commission. At the $4.4 million dollar level there are no excess syndication proceeds, due to the fact that there is $3.4 million dollars going into the project and $1 million dollars as a developer fee going to Auburn Trace Joint Venture and the City would not share in that. The developer's position is they would be willing to take a lesser position in the partnership, thereby freeing up more syndication proceeds, which would give the value of the partnership approximately $4.6 million dollars and free up $200,000 in excess syndication proceeds, of which the City would get 90 percent upfront. However, under the UDAG Agreement with HUD, the City is to apply 50 percent of those excess syndication proceeds to UDAG loan principal repayment. There was also a provision that, if after the sixth year there is negative cash flow on the project, the remaining 50 percent may be applied to the UDAG loan repayment. The developer feels if that language was changed to shall, they would prefer to go with the one percent interest in the limited partnership. If the decision is may, they do not have the assurances that those proceeds would be applied in the event there is negative cash flow in the sixth year. They would then prefer to go with a five percent interest in the limited partner- ship and gain the benefits that accrue through that aspect. Tom Henners, representing Auburn Trace Joint Venture, added that in January when the agreement was being negotiated with HUD and the City, a verbal agreement was reached between the City, HUD and the Auburn Trace Joint Venture whereby the other half of the excess syndica- tion proceeds would be applied to any cash flow deficit of Auburn Trace in the sixth year and beyond. When the document arrived from Washing- ton, D.C., there was a drafting error and the word may was used instead of shall. This was not the intent of the agreement and everyone agrees. When this was last discussed, the talk was about substantially more excess syndication proceeds of $400,000. Even if 5 percent of the tax credits were retained, which they are authorized to do under the UDAG Agreement, the State and the Internal Revenue Service have changed the rules costing them $400,000 in proceeds in selling the tax credits. Now, the only way there will be any excess syndication proceeds will be if they elect to sell an additional four percent of the tax credits. He requested that the Commission commit to what was agreed upon in January and they will sell 99 percent of their tax credits, thereby putting the development in a better position from a cash flow standpoint. If there is a cash flow in the sixth year, those payments of half of the $200,000 excess syndication proceeds would be additional income to the City. Otherwise they would serve to defray the loss of the Joint Venture. Mayor Campbell questioned if there is a problem with the request relative to the agreement with HUD. Assistant City Attorney Kurtz stated that the HUD Agreement remains may, so it is the City's option and it would be exercising that option early. The City Manager advised that HUD told the City they would not change the language. It is the opinion of Assistant City Attorney Kurtz that this is to the City's advantage to allow some flexibility. Upon question as to whether the Finance Director is recommending this, the City Manager stated that -11- 6/27/89 he has consistently endorsed the financing procedure and, apparently, the shall option will have no fiscal impact on the City. Ms. Brainerd moved for approval of the revised language for a lump sum on the front end and a one percent syndication (using the word shall), seconded by Ms. McCarty. 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. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 23. Contract Approval - Prearrangement Inc. Formal ratification of the amended contract between the City and Prearrangement Inc. for the sale of cemetery plots, mausoleum crypts, merchandise, etc., is before the Commission for consideration. Approval is recommended. 24. Renewal of Dockmaster Agreement. The Commission is to consider approval of the renewal for dockmaster agreement to provide a dockmaster for the City Marina. Approval is recommended. 25. Request for Addition to List of Nostalgic Signs - West Side Liquors. A request to advertise for public hearing to add the sign at West Side Liquors located at 301 W. Atlantic Avenue to the City's list of Nostalgic Signs, is before the Commission for consideration. Approv- al is recommended. 26. Final Plat Approval - Sabal Lakes Phase II. The Commission is to consider a final plat approval for Sabal Lakes Phase II, a proposed single family conventional and zero lot line home development to be located on the east side of Barwick Road between Lake Ida and Ridgewood Roads. Approval is recommended. 27. Award of Bids and Contracts. A. B&H Sales - Fire Hydrant Contract - 29 Kennedy K 81-A fire hydrants in the amount of $14,439 with funding from Water Distribution Capital (Account No. 441-5123-536-60.89). Mr. Andrews moved for approval of the Consent Agenda, 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. 28.A.1. Ms. Brainerd formally recommended that a resolution be drafted supporting Mrs. Rolle's request to support brotherhood and abhor racism. Mayor Campbell advised first of all it must be deemed an emergency situation. Ms. Brainerd moved for an emergency consideration of a request for a resolution in support of a counter rally on July 1st decrying the activities of the Ku Klux Klan, 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. Ms. Brainerd moved for consideration in the drafting of a resolution in support of a counter assembly abhoring racism and cross burning, seconded by Ms. McCarty. 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. 28.A.2. Ms. Brainerd asked for clarification of a previous statement that the Good Neighbor policy is no longer being enforced. The City Manager stated that is not true. Lula Butler, Director of Community Improvement, stated there has been no vendor sent to abate a nuisance on that ordinance at that location as yet. This will be returned to the -12- 6/27/89 Commission soon for direction on questions relative to landscaping and irrigation. 28.A.3. Ms. Brainerd commented she feels the Commission needs someone to do some investigating with regard to the options the City has con- cerning a Jury Pool. Her recommendation for that person would be the City Attorney and also to provide some funding for Kathy Daley to work with him. The City Attorney stated when the original resolution was adopted, an investigation was made into satellite courthouses and jury districting, learning that there were about one-half dozen counties that were doing the same thing. Mr. Andrews stated if this is not going to be allowed, he feels the County should be prepared to take some heat for constructing a building containing 35,000 extra square feet that has no purpose and yet, at the same time, they are talking about increasing taxes because they need more money. The Commission concurred to stay on top of this situation. 28.A.4. Ms. Brainerd stated that she feels the Commission should also show their support for the Tri-Rail Mass Transit. The City Manager stated that staff met with Mr. Brautigan to become better informed in anticipation of future meetings. There is a natural loop at the corner of 18th Street and 2nd Avenue and a good spot to consider property acquisition, if money is available, for a future hub. 28.A.5. Ms. Brainerd questioned if the $10,000 for the Book Store came back to the City at closing, or was the ultimate purchase price $267,000. The City Attorney advised it was credited toward the purchase price at closing. Ms. Brainerd stated in the case of emergency funding, she feels either an emergency meeting should be called, the Commission should be polled or it should be ratified at the next Commission meet- ing. The City Attorney stated the funding was ultimately ratified at the meeting by Commission action at the meeting on the 19th or 20th. She requested, in the future, that not only does the Commission follow the emergency funding guidelines, but that the Commission has access to the information, particularly when it is one of the Commission Contin- gency accounts. 28.A.6. Ms. Brainerd stated the City Manager's report made reference to the dead Sabal Palm Trees on Linton Boulevard and how they are to be replaced. She suggested they not be placed in the sidewalk cuts, but rather give the City a credit and use that credit towards the next beautification project. 28.A.7. Ms. McCarty congratulated Mayor Campbell for winning the Soap Box Derby over the Mayor of Boca Raton. 28.A.8. Ms. McCarty stated that she would like the ordinances provided by the City Attorney with regard to bed & breakfast lodging and outdoor cafes placed on an agenda. The City Attorney advised they need to be approved by the P&Z Board between First and Second Readings, as the zoning is affected. 28.A.9. Ms. McCarty stated, in response to earlier comments, she is concerned that the date of the Bond Issue is becoming the issue rather than the items on the Bond Issue. She requested the Commission discuss the wisdom of an October date. The City Manager commented that the DDA is also requesting a special election and he feels those two dates could be dovetailed. Mayor Campbell suggested checking to see if there are any other municipalities in Palm Beach County that have elections scheduled for the first Tuesday in November. The Commission concurred that if there were no other elections scheduled for November, they would go with an October date. 28.A.10. Ms. McCarty stated the Commission just touched on a plan for the promotion of the Bond Issue and it is her understanding that, while everyone is for it 100 percent, no one seems to know who is in charge. She feels the Commission should provide the leadership role in the types of things needed to be done, or that the City Manager provide some sort of plan explaining what the community needs to do, what the City can do legally, and what types of programs need to be implemented. Visions, the Chamber of Commerce and Del-Pak have offered to take the lead for the private sector and~ she feels something should be decided soon. The -13- 6/27/89 City Manager stated staff had a meeting with the Capital Improvements Committee today and, as a result, the public will soon have the pro- jected tax impacts, cash flow need and the new assessed value in order to have a new ad valorem number. Ms. McCarty requested that the City Manager provide the Commission with a report of what the City intends to do, how the information will be disseminated and some ideas with regard to what the community can do. 28.A.11. Ms. McCarty questioned the status of the golf course recommen- dations. The City Manager stated that list will be before the Commis- sion at the July llth meeting for shortlisting. 28.A.12. Mr. Andrews questioned if some system could be implemented whereby the Commission could give "Go" dates as to when they are avail- able for meetings or appointments. Mayor Campbell suggested the City Manager poll the Commissioners prior to making appointments or schedul- ing meeting dates. The City Manager stated they would develop a system and bring it before the Commission for approval. 28.A.13. Mr. Weatherspoon stated he feels there should be some sort of designated pick up and drop off locations by the trolley for the 4th of July celebration. Joe Weldon stated the trolley will pick up at the City Hall and Community Center parking lots, as well as the downtown City parking lots. 28.A.14. Mr. Weatherspoon stated he has concerns about the median cuts at Crosswinds and Linton Boulevard. It was his understanding that there was to be some signalization at those cuts. The City Manager stated that staff also feels access onto and off Linton Boulevard needs to be protected and it would be a mistake to add another curb cut into Linton. 28.A.15. Mr. WeathersPoon commented that he feels the report from the USGA was good with a few exceptions. He questioned if the suggestions made are going to be followed. Mr. Weldon stated the report is being monitored and they are waiting for the second report. There have been changes made and a letter will be sent this week requesting some docu- mentation from the operator that he is complying with the USGA report. He also stated a report has been received from the independent consul- tant, he is unhappy with it and is presently in the process of getting clarification. 28.A.16. Mayor Campbell stated he has concerns regarding the Bond Issue and wants to know if the Commission would like to reconsider the manner in which the Bond Issue is to be presented as opposed to a one vote issue or have it broken down. Mayor Campbell voiced his opinion against this, as his feeling is that some really good projects could go down the drain, while the remaining Commission concurred on a one vote issue. 28.B.1. The City Attorney questioned what decision was made relative to the next workshop. The City Manager stated there will be a CRA workshop immediately following the regular meeting on July llth. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. 28.B.2. The City Attorney stated the Commission received a request to purchase the property north of Cason Cottage, which was rejected. The appraisal report has been received, along with a letter from the attor- ney representing the proposed purchaser, stating there is still interest in submitting a bid. He questioned if the Commission is interested in selling the parcel and would like him to schedule the advertising. Due to the fact Mayor Campbell was out of the Chambers at this time, there was not a majority consensus of the Commission to act on this. (After the Regular Meeting was adjourned and during the Workshop that followed, Mayor Campbell agreed that the advertising should be done; therefore, the City Attorney was authorized to proceed.) 28.C.1. The City Manager stated Tony Durante is traveling to Delray's Sister City, Miyazu, Japan, and it has been suggested that he be dele- gated to take a gift from the City of Delray and present it to the people. An autographed picture showing Bucky Dent at the Delray Beach -14- 6/27/89 Baseball School was suggested as being appropriate since they are so involved in this sport. The Commission concurred. 28.C.2. The City Manager stated he has a minor emergency concerning the Auburn Trace Joint Venture and the ground-breaking on July 10th, for which they will need a tent permit approved by the Commission. Ms. Brainerd moved to deem the tent permit an emergency, 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. Ms. Brainerd moved for approval of a tent permit for Auburn Trace for July 10th, 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. Vice-Mayor McCarty declared the meeting adjourned at 9:30 P.M. · ~ ~- City ~clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of June 27, 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. -15- 6/27/89