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08-08-89 AUGUST 8, 1989 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:00 P.M., Tuesday, August 8, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Mary McCarty Also present were - Interim City Manager Malcolm T. Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Neil Hickem, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell advised there is an amendment to the agenda to add Item 25.A. He also requested that they move Item 25 to the front of the Regular Agenda. Mr. Weatherspoon requested that Item 27 be removed from the Consent Agenda and placed at the end of the Regular Agenda. Ms. Brainerd moved to approve the agenda, as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5. Ms. Brainerd moved to approve the minutes of the Special Meetings of July 18, 1989 and July 19, 1989, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 6. Presentation: A. Delray Citizens for Delray Police Scholarship Presentation. Mayor Campbell advised they will pass over this item as there is no one here for the presentation. PUBLIC HEARINGS 7. Ordinance No. 42-89. Ordinance No. 42-89, a City initiated rezoning of the Holt property, a 20-unit apartment complex known as Harbor View Subdivision, located on N.E. 1st Street from CF (Community Facility) to RM-10 (Residential Medium Density), is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 42-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT; SAID LAND BEING LOTS 1, 2 AND 3, PARK COURT SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 74, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE NORTH SIDE OF N.E. 1ST STREET, APPROXIMATELY 175 FEET EAST OF N.E. 7TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 42-89 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. 42-89 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 44-89. Ordinance No. 44-89, rezoning the Costco property located at the southwest corner of Linton Boulevard and S.W. 4th Avenue from SAD (Special Activities District) to CC (Community Commercial) to accommodate a proposed retail sales warehouse building for Costco, 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 Interim City Manager presented Ordinance No. 44-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES) DISTRICT IN CC (COMMUNITY COMMERCIAL) DISTRICT FOR A PARCEL OF LAND IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING A PORTION OF (VACATED) WEST EL BE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 22, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND S.W. 4TH AVENUE; 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. 44-89 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. 44-89 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 45-89. Ordinance No. 45-89, rezoning Palms of Delray Inc. (Linton Center, Parcel 1/formerly CRJ property) from CC (Community Commercial) to GC (General Commercial) to accommodate a proposed retail shopping center and a McDonald's restaurant, 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 Interim City Manager presented Ordinance No. 45-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CC (COMMUNITY COMMERCIAL) DISTRICT IN GC (GENERAL COMMER- CIAL) DISTRICT FOR A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, -2- 8/8/89 PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF PARCEL 1 OF THE PLAT OF LINTON CENTER, RECORDED IN PLAT BOOK 39, PAGES 8 AND 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN SOUTHWEST 10TH AVENUE AND GERMANTOWN ROAD, IF EXTENDED SOUTH; 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. 45-89 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. 45-89 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 48-89. Ordinance No. 48-89, amending the General Employees Pension Plan by decreasing the pre-tax retirement contribution made by employees from 6% to 4.5% of basic compensation effective October 1, 1989, 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 Interim City Manager presented Ordinance No. 48-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RETIREMENT PLAN", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO CHANGE THE PERCENTAGE AMOUNT OF PARTICIPANT CONTRIBUTIONS AND TO ALLOW TAX DEFERRAL OF THESE PARTICIPANT CONTRIBU- TIONS PURSUANT TO INTERNAL REVENUE CODE 414(h); AND BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION (A), "BASIS OF RETIRE- MENT INCOME". SUB-SUBSECTION (1)(a), "BASIC COMPENSA- TION'', TO RECOGNIZE A NEW DEFINITION OF BASIC COMPENSA- TION TO INCLUDE PARTICIPANT CONTRIBUTIONS PICKED UP BY THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 48-89 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. 48-89 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Request for Addition to List of Nostalgic Signs - West Side Liquors. The Commission is to consider a request to add the sign at West Side Liquors, located at 301 W. Atlantic Avenue, to the City's list of Nostalgic Signs. Prior to consideration a Public Hearing has been scheduled to be held at this time. -3- 8/8/89 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 to approve the addition of West Side Liquors to the Nostalgic Signs list, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 12. Request for Addition to List of Nostalgic Signs - Tropical Barber Shop. The Commission is to consider a request to add the sign at Tropical Barber Shop, located at 825 N. Federal Highway, to the City's list of Nostalgic signs. Prior to consideration 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 to approve the addition of Tropical Barber Shop to the Nostalgic Signs list, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 13. Offer to Purchase City Owned Property. The Commission is to consider an offer to purchase City property located adjacent to Cason Cottage. The Community Redevelopment Agency and Old School Square, Inc., recommend disapproval. Prior to consideration 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 City Attorney advised that since this is open for people to make other bids on the same parcel of property, they should probably put on the record what the bid is. Mayor Campbell stated that the bid is $30,000. The City Attorney advised he received a letter in July from the Attorney involved which stated that they would pay the City whatever the high appraised value of the property; that price is $35,000. Virginia Snyder, 38 South Swinton Avenue, stated she objects to the City selling the property as she feels they may need it themselves for extra parking. Frank Wheat, Treasurer of the Board of Directors of Old School Square, Inc., read a letter on behalf of Frances Bourque, President, requesting that this matter be deferred until the attending requirements and requisites for their project be better identified. Charlotte Durante stated that she would like the Commission to consider keeping Swinton Avenue as single family residential and encour- age additional people to come back and revitalize some of the older homes. Clemmer Mayhew stated he would like to support and encourage new construction in the Old School Square Historic District. There has not been any new construction for quite a while and they should do this to simultaneously occur with the groundbreaking of Old School Square, City Hall and the Courthouse. The public hearing was closed. Mr. Weatherspoon stated that he feels the important thing is that whatever they decide, they want to improve Swinton Avenue and encourage others to do so. It is his understanding that they had a marketing study done and it was determined that the lot would not be utilized for parking for Old School Square. Therefore, he would have no -4- 8/8/89 problem with moving forward and allowing the applicant to develop the property. Mr. Weatherspoon moved to accept the offer of $35,000 for City property, seconded by Ms. Brainerd. Mr. Andrews stated he would like to see an escape clause in case they do not like the elevations of the building as it will be a highly visible building and focal point on this street. In addition, he would like them to consider taking the money and looking at another parcel of property in the area where they can upgrade by plowing the money back in for continued revitalization. Ms. Braine.rd stated she is basically in favor of private investment in the downtown, particularly for a residential use and she likes that about this plan. She would like to have the proceeds of the sale of this land go into a special fund which is encumbered to be used only for parking for Old School Square, or revitalization in the direct Old School Square neighborhood. She would also like to see a deed restriction which states that this will in fact be a residential use and that the development be begun within six months of the date of purchase. Mr. Weatherspoon stated he believes they do have a land acqui- sition fund which funds of this nature go into. He feels that Mr. Andrews' suggestion that they funnel the money into other areas along Swinton Avenue is an excellent idea. Upon question by Mr. Weatherspoon if he has a problem with adding the restriction of a deed restriction for residential use and the time certain, the City Attorney stated it would be in the nature, almost, of a counter offer to the applicant. However, if that is acceptable to him there is no problem. Roger Saberson, attorney for the applicant, advised that would be acceptable. However, he questioned what the Commission has in mind if they do not quite make the six months to start development. Upon question by Ms. Brainerd as to the options which are reasonable for both parties, the City Attorney advised they could close in escrow and rescind the transaction or they could have the deed revert back to them if construction has not commenced within a six month period. However, he is not sure how fast a single family residence could make its way through the system to pull permits. David Kovacs, Planning Director, advised the only process which is involved for this single family residence is the Historic Preserva- tion Board's Certificate of Appropriateness. The HPB acts in lieu of the Board of Adjustment and the Community Appearance Board. They would deal with this Board and then go directly to the Building Department. This would make it approximately 30 days once the architectural work is done and the plans are prepared. He suggested that perhaps they should make the motion reflect that building plans and the COA process must have been initiated, with the proper submittals, within six months; the permits then issued within 90 days thereafter. Ms. Brainerd stated if it doesn't make it, she would like to see it revert back to the Commission for action. Mr. Saberson stated if the time period is not met, he would like to have a provision in the agreement that they can come back to the Commission; if they determine it is good cause, they could get an extension. Ms. Brainerd stated that is fine with her. Mr. Weatherspoon amended his motion to include the amendment regarding the deed restrictions and the time period, Ms. Brainerd amended her second. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED by a 3 to 1 vote. Before roll call the following discussion was had: -5- 8/8/89 Mayor Campbell advised he will not be able to accept the motion as he has gone on record as being concerned about the parking situation for Old School Square. Mr. Saberson clarified that they are building a residential structure and it will have a residential exterior. He questioned, if in the future, his client would like to use a portion of it as an office, if he came back through the appropriate processes would that be an option available. If the Commission deed restricts it to residential use only, there might be a problem. Mr. Andrews stated that if they are talking about making it an office, then he would say it needs to be put out to bid. He does not know where in the City they could buy commercial land for an office at $3.00 per square foot. Mr. Saberson stated the property is now zoned to allow office use. Mr. Weatherspoon stated he is sure the appraisal which was done took into account the fact that the zoning is RO (Residential Office). He does not see where there is a problem in allowing them to make it into an office if they desire to do so. Ms. Brainerd questioned if Mr. Andrews' concern is that perhaps the appraisal did not take into consideration the fact that it was an RO district and, therefore, unjustifiably low. Mr. Andrews stated he did not like the appraisal at all. The City Attorney advised that an issue had been raised about a voting conflict on the sale of this property. Even assuming they take into consideration the beneficiary of the trust document, he has provid- ed an opinion that he is comfortable that the property could be sold to the current applicant, provided it met the requirements of the Charter. He is comfortable that it falls within the meaning and intent of Chapter 112 requirements about voting conflicts. They received the offer in April and it was at their own doing that they deferred this until the present time. The transaction, arguably, would have come before the Commission at least two weeks ago, but for the fact that it is in a CRA district and they were required to do a 30 day notice. The applicant and beneficiary are not voting on the issue, it is a competitive bidding situation and they did not become involved in the specs or selection process. Upon question by Mr. Andrews, the City Attorney advised the Sale Notice which went out invited other tenders at the time of the public hearing. At this point the roll was called to the motion. 14. Community Development Block Grant Proposed 1989-90 Statement of Objectives. A Public Hearing on the proposed expenditure of CDBG funds for fiscal year 1989-90 is scheduled to be held at this time. Lula Butler, Director of Community Improvement, advised that each year they receive an annual allocation and part of the Federal Requirements is that the City hold at least one public hearing before finally adopting their proposed use of funds. They also hold a Needs Assessment meeting prior to bringing this before the Commission to get the residents in the affected area to voice their opinions. The pro- posed use of funds is a combination of a consensus agreement from that meeting. They plan to continue their housing rehabilitation program, provide an element for an emergency repair program, continue with the demolition program, do land development with regard to the Allamanda Gardens project, fund a salaried position for Title 20 day care at the Delray Beach Community Child Care Center and provide $20,000 to the Delray Beach Housing Authority to assist with their p~oblems. Their total allocation for the next fiscal year is $453,000. 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. -6- 8/8/89 Ms. Brainerd moved to approve the Community Development Block Grant Proposed 1989-90 Statement of Objectives, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Deputy Vice-Mayor Brainerd - Yes. Said motion passed with a 3 to 0 vote. (Note: Mayor Campbell left the Commission Chambers prior to the vote being taken) Before roll call the following discussion was had: Mr. Weatherspoon stated that they talked about the Allamanda Gardens fund shortfall several months ago and one of the things men- tioned was that they could take the funds from the CDBG grant. He questioned how this was handled. Mayor Campbell left the Commission Chambers at this time and Deputy Vice-Mayor Brainerd took the Chair. Ms. Butler advised they have $69,768 which have been allocated for the water and sewer connection fees. With the Commission's approv- al, they deferred the payment until the beginning of the fiscal year when the funds are available. Mr. Weatherspoon stated he would like to compliment Ms. Butler and her staff on the job they have done so far with regard to the community development program. At this point the roll was called to the motion. PUBLIC COMMENTS 15.1. Arthur Jackel, Chairman of the United Property Owners, stated he would like to commend the Commission for their quick action in appointing an Interim City Manager and he would also like to congratu- late Mr. Bird on his appointment. Mr. Jackel stated he would like to discuss the Bond Issue. Working at the grass roots level, they have found that there is little chance of passage for the $21 million bond due to a severe loss of public confidence. In order to insure success he suggested they select only those projects necessary for the acceptance of the State mandated Comprehensive Plan. The total would be less than $5 million and would include the following projects: Old School Square, the redevelopment seed money which includes Spady Elementary, and Fire Station #5. If items are added to this list there will much less chance of passage; the balance of the projects could always be brought up next year when confidence has been restored. Hopefully, the Commission will act on this suggestion. FIRST READINGS 16. Ordinance No. 51-89. Ordinance No. 51-89, rezoning the Marina Cay property located south of the Delray Drive-In Theatre between Federal Highway and the Intracoastal Waterway from GC, RM-10 and R1A to SAD, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 22nd. The Interim City Manager presented Ordinance No. 51-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, RM-10 (MULTI- PLE FAMILY DWELLING) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN SAD (SPECIAL ACTIVITIES DISTRICT; SAID LAND BEING ALL OF THE NORTH 324.04 FEET OF LOT 38, SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF THE FEDERAL HIGHWAY, BEING STATE ROAD NO. 5, AND EXTENDING TO THE INTRACOASTAL WATERWAY, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AS PER PLAT RECORDED IN PLAT BOOK 8 AT PAGE 40 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LOT "A", SNOW HILL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 83, OF -7- 8/8/89 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED SOUTH OF THE DELRAY DRIVE-IN THEATRE AND NORTH OF ALLEN AVENUE, BETWEEN U.S. HIGHWAY NO. 1 AND THE INTRACOASTAL WATERWAY; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Roger Saberson, representing the applicant, stated they would like the deletion of the requirement that they construct a gravity sewer main from the lift station to the intersection of Allen Avenue and Palm Trail. The sewer line is 100% exclusively for the use of the area south of the project and they will have no sewage flowing through the pipe at all. They have already agreed to provide an oversize lift station on the site to accommodate the flows from Allen Avenue. David Kovacs, Planning Director, stated that this project will reconstruct Palm Trail and their position is that if the sewer is going under Palm Trail it would not be appropriate for them to construct it in 1988 and the City to tear it up in 1991 to put in a sewer line. If reason states that the sewer should be constructed concurrently with the street, then the City either needs to provide the funding for the sewer main extension and accelerate that part of the project, or the applicant needs to puts the sewer main extension under the street while the project is under construction. Mr. Weatherspoon stated since they are going to reconstruct the road, it would make sense to put the sewer line in at the same time. They need to find out what the cost will be before they ask the devel- oper to upfront the cost to do so. His first preference would be that the developer do this; however, if they will not benefit from the sewer line it is not necessary for the City to impose that they put in the line. He would like staff to come back with some ideas of what it will cost and then they can try and work something out. The City Attorney advised they can adopt the ordinance on first reading, and delete the condition at second reading if they desire. Mr. Weatherspoon moved for the adoption of Ordinance No. 51-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Mr. Campbell - Yes; Deputy-Vice Mayor Brainerd - Yes. Said motion passed with a 4 to 0 vote. (Note: Mayor Campbell returned to the Commission Chambers during roll call). REGULAR AGENDA 25. Ratification of South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board Action. The Commission is to consider ratifying action by the SCRWTD Board for approval of Task Order No. II.13 final design for covering aeration tank basins, wet scrubber system and effluent pump station expansion. The City's share of this project is approximately $318,000. Approval is recommended. Bill Greenwood, Director of Public Utilities, advised the SCRWTD Board, at their last meeting, authorized Camp, Dresser and McKee (CDM) to proceed with the design of covering the aeration basins, installing a new electrical system, effluent pump station and an odor abatement system. Questions have arisen in the past few days as to whether all alternatives have been investigated and looked at. In researching the files, talking to several other consultants and Mr. Guidry in Boynton Beach, it seems that CDM were not requested to look at other alternatives. He suggested that the Commission ratify the action of the SCRWTD Board, contingent upon requesting CDM to look at other alternatives. This way the design can proceed with all portions, except the covers. Upon request by the Interim City Manager, Mr. Greenwood advised that CDM ran a dispersion bottle, and the results indicated a 55% -8- 8/8/89 reduction of detectable odors. Looking at the fine bubble diffused air system, with nitrification, the literature indicates that you can achieve this type of odor abatement at a much lower cost. If their study of nitrification for odor abatement would be successful, they could get the same type, or better odor reduction and there is a poten- tial savings of approximately $4 million. Mr. Weatherspoon stated as a member of the SCRWTD Board since 1984 he has looked at a number of alternatives to this problem. Based on what he has seen and heard, he feels it is time for them to move forward and cover the tanks. Mayor Campbell stated he appreciates the staff's input and feels they do need to continue exploring ways of cost savings for the City. However, the action they are taking tonight is not committing to a major program at this point; they are ratifying the action to begin the contract for the design. He feels they can move forward with the contract, approve the design and still direct staff to immediately and aggressively get with CDM, or any other consultants, to explore alterna- tives and/or recommendations. He would urge that the Commission ratify this action. Mr. Andrews stated he spoke with a member of the engineering firm this afternoon and was told that, by approving this, they would be paying for and recommending they go ahead with the complete covering of the plant. He visited the plant on Thursday and was advised that the tank at the far east is the one of greatest concern. They feel that a majority of the smell is being released from that particular tank and that the aeration bubbling system would greatly reduce the odors. According to the surveys they have seen, they are not reducing 55% of a smell from 100%, they are lowering a smell from maybe 10% to 5% for $4 million. He feels that a 5% variance is a bit pricey and will vote against this. He is willing to move forward, but only in a stepped process which makes sense and is somewhat more conservative than cover- ing the tanks. Mayor Campbell stated they have gone through this problem for several years and made a commitment that if there was any problem remaining after covering the headworks they would cover the tanks. Ms. Brainerd stated she has been on record at the SCRWTD Board meetings as being the lone opposition of going ahead with the total covering of the aeration tanks. She is willing to support the motion on the floor tonight and approve the City's portion of the funding for the design phase; however, she would like staff to continue working as they move down this course towards total covering. If they do come up with a solution which solves the problem she would like to be able to pursue that option. Ms. Brainerd moved to approve the contract with Camp, Dresser and McKee to ratify the SCRWTD Board action to move forward with the design element of covering the aeration tanks, while simultaneous staff review of potential alternative solutions continues, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Dennis Kahler, representing the Pines of Delray North, stated they would like to thank the Commission for their vote on this issue. Mayor Campbell declared a recess the time being 8:08 P.M. The meeting was reconvened at 8:14 P.M. 17. Local Rules. The Commission is to consider approval of amended Local Rules as discussed at the July 18th workshop meeting. Mayor Campbell stated that, essentially, the Rules have been amended by adding the process with regard to Board appointments. The City Attorney advised they have also made the modifications, additions and deletions in subparagraph A. -9- 8/8/89 Mayor Campbell stated he has a question with regard to where it states that "All agendas for workshop meetings shall be approved in advance by a majority consensus of the City Commission" This conflicts with a later statement, with regard to workshops, and he questioned if there is anything wrong with retaining the flexibility. The City Attorney advised they will delete that sentence in A.2. Ms. Brainerd stated that Commissioner McCarty is to be commend- ed for her initiative and work in taking on this task and cleaning up some loose ends for them. The Interim City Manager stated that the Commission requires a unanimous vote in order to add an item to the agenda; however, they only require a four vote majority to waive the rules. This seems to be somewhat inconsistent. The City Attorney stated the inconsistency is intentional as a safety valve. It was the consensus of the Commission to make it four affirma- tive votes for each instance. Ms. Brainerd moved to approve the amended Local Rules, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 18. Appointment of Members to the Education Task Force. The Commission is to consider the appointment of five members to the Educa- tion Task Force to evaluate the recommendations set forth in the "Shar- ing for Excellence, 1990 School Plan" Approval is recommended. The Interim City Manager advised the Education Committee met last night and he has furnished the Commission with a recommendation from them that the Board be reduced in size from nine to five; they also made a recommendation as to who those five members should be. Ms. Brainerd advised the Board thought that it would be almost impossible to get nine people to agree on something even as simple as scheduling. By virtue of the fact that they felt a very strong sense of urgency that this body get created and get going, they put a caveat that it be constituted of five members and have its first meeting within one week after all members are appointed. They must also meet as often as necessary to submit a recommendation to the School Board by September 15th. Upon question, Tom Fleming, Education Board Member, advised that after discussion the consensus was that a smaller working group might accomplish the objective more efficiently and expeditiously than a large group. Chairman Anderson specifically suggested representation from four groups, one was the City's Education Board, one was City staff, one was the Superintendent's Advisory Committee and a represent- ative from the School Board staff. The last member was to be selected jointly by Mr. Anderson and Mayor Campbell. Mr. Andrews stated that understanding the potential demograph- ics involved, the knowledge of where the growth is occurring in the City and where it may be occurring, and understanding more of the planning of schools, he would suggest that the Planning Director be appointed rather than Lula Butler. He also questioned if it is possible that they make a suggestion, or charge, to the Committee to look into certain things as goals to achieve by the September meeting. Ms. Brainerd stated they could. Mr. Andrews stated that they will have to (1) change policies to achieve a Sharing for Excellence concept, (2) designate appropriate funds in the 1989-90 budget, (3) they are aware that the Governor's task force on urban growth patterns reinforces moving back into the City and getting it in shape before they spread out - he feels their policies concerned with this would say they need to be building an urban -10- 8/8/89 elementary school in Delray, immediately if not sooner and (4) by the spring of 1991 they will know better, because of the 1990 Census, how current housing projects are going to affect the plan. Mayor Campbell stated that Ms. Butler does have a prominent role in what is going on and gave a good presentation. As far as being a representative of the City, he feels this would be a strong message to the School Board. Mr. Kovacs stated Ms. Butler has the rapport with the adminis- tration and with the Education Board; he also keeps her informed with the information he gets. Ms. Brainerd moved for approval of the Education Task Force with the charges illustrated by Mr. Andrews as goals and action items, and the time certain items which she incorporated in her comments, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 19. Appointment of Member to the Police and Firefighter Retirement System. The Commission is to consider the appointment of Leon Weekes to a term ending June 30, 1992. Since the Local Rules were adopted earlier it was Mayor Campbell's turn on the rotation basis to make an appointment. There- fore, he offered Mr. Weekes name for appointment. Ms. Brainerd moved to appoint Leon Weekes to the Police and Firefighter Retirement System to a term ending June 30, 1992, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 20. Initiation of West Atlantic Avenue Annexation (No. 1). The Commission is to consider authorizing staff to proceed with the annexa- tion of parcels along West Atlantic Avenue which includes the Barnett Bank; adjacent undeveloped five acres, Goodyear Tire and Auto service plaza; and shopping center on the northeast corner of Atlantic and Military Trail (Publix, Zayres, Pharmore and others). Approval is recommended. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Agreement for Construction of Sanitary Sewer and Reimbursement of Costs. The Commission is to consider an agreement with Mr. Andrade for the City to disburse $10,000 paid to the City by Sherwood Forest as benefitted user of a sanitary sewer line constructed and paid for by Mr. Andrade. Approval is recommended. Mr. Weatherspoon moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 22. Request for Waiver of Sidewalk Width. The Commission is to consider a request for a waiver of sidewalk width requirement from 5 feet in width to 4 feet for Windy Creek (Hanover Square) subdivision. Approval is recommended. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. Request for Waiver of Pool Barrier Requirement. The Commission is to consider a request for a waiver of Section 163.02 of the City Code to permit a pool at 959 Gardenia Drive, without required safety barri- ers. City Manager recommends denial. -11- 8/8/89 Ms. Brainerd moved to deny the waiver of the pool barrier, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Terry Child, 959 Gardenia Drive, stated that Tropic Isles is an adult neighborhood as there are so many open bodies of water. The lots on either side of her are vacant and her property is also very heavily landscaped. According to the Code, it states that the purpose of the fencing requirement is to prevent small children from inadvertently wandering into family swimming pools. The Commission can realize that there are locations within the City where unfenced pools would not create an obvious hazard. At this time Mrs. Child presented photographs of her property and the neighboring lots. The Interim City Manager advised that a fencing which would go to the Intracoastal, without crossing the view line, would satisfy the requirements of the Ordinance. It is his understanding that when you address areas without children, the intent of the previous Commission was areas where by deed restriction or association restriction there would be no children. Mr. Andrews stated that looking at the intent of the ordinance and the way it was created, he would have to support the denial of the waiver. Mrs. Child stated that because of all the empty lots there are no children in the neighborhood. She has no objection, in the future, when they develop the lots, to putting a fence around the pool. At this point the roll was called to the motion. 24. Request for Waiver of Final Plat Processing Fees. The Commis- sion is to consider a request from Andover Development Corporation to waive final plat processing fees in the amount of $2,357.26. Ms. Brainerd moved for approval, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 3 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that he understands the applicant submitted the final and preliminary plat at the same time. He ques- tioned if this makes any difference. David Kovacs stated that the Code states that this is a two step process so that an applicant can come in without the final con- struction work, get his direction, and then bring in the construction work at the final plat. If they choose to do everything at the same time, the Planning Department will do their review and it is possible that there will not be any changes made. In this instance, there is additional work involved as there is the road issue on Germantown Road, coordinating the project with the adjacent one and some other items. He feels they need to look at the system as opposed to granting a waiver. Tom Fleming, applicant, stated that technically what they are applying for is not a waiver of a final plat fee, but a waiver of a preliminary plat fee. The submission was done in February by Andover with the request that it be processed simultaneously as preliminary and final plat applications. It was done in accordance with a preliminary plat which had been approved in 1984, even though at the time the name on the plat was Sylvan Place, and in accordance with a condition applied to their final plat approval for Andover Section 1 and 2. That condi- tion called for Andover Section 3 to be developed in accordance with their master plan. It was their feeling that the review process could be done more expeditiously and save both them and the City time and money by submitting them together. Basically, they submitted a final -12- 8/8/89 plat based, primarily, on the fact that they were submitting it in accordance with a previously approved preliminary plat. Ms. Brainerd stated she agrees that perhaps they have a problem with the process. The Interim City Manager has just informed her that this is one of the things they will be investigating. At this point the roll was called to the motion. 25.A. Reclassification of Public Information Officer Position. The Commission is to consider reclassifying PIO position to Administrative Assistant/Staff Editor. The Interim City Manager advised that at the time the position was originally constructed it had other responsibilities and required some autonomy. That need does not seem to exist any more and his recommendation is that they put the new position in the Personnel Department and reidentify it at a lower pay grade level. This will reduce the number of persons that the City Manager has to interface with directly. Ms. Brainerd moved for approval of the City Manager's recommen- dation for reorganization as it relates to the position of Public Information Officer, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 27. Renewal of Legislative Consultant Services Contract. The Commission is to consider renewing the contract with McCartney Plante Daley in the amount of $48,000 for lobbying service for the 1989-1990 legislative calendar year. Approval is recommended. Mr. Weatherspoon questioned what it cost them last year for this service. The Interim City Manager advised that last year their gross cost was in excess of $51,000; they will be capped this year at $56,000. He does not believe this amount is excessive, given the scope of work which is anticipated. Mr. Weatherspoon moved to approve renewal of the Legislative Consultant Service contract, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The Interim City Manager stated that he will come back to the Commission at their next Regular Meeting with a recommendation for some funding for the balance of this year. He assumes, by the passage of their motion, the Commission intended that he will amend the contract to include the cap, and be authorized to execute the amended contract. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 26. Acceptance of Settlement Offer. The Commission is to consider an offer in the amount of $19,500 to settle Figuero/Paulsen vs. City of Delray Beach (as Third Party Defendants). Approval is recommended. 28. Agreement between the City and Florida Department of Natural Resources. The Commission is to consider approval of an agreement between the City and Florida Department of Natural Resources for boating and recreation improvements at Knowles Park with funding from the Florida Boating Improvement Fund. Approval is recommended. 29. Ratification of South Central Regional Wastewater Treatment and Disposal Board (SCRWTD) Action. The Commission is to consider ratifying action by the SCRWTD Board to participate in the sludge landspreading demonstration project proposed by the Palm Beach Soil and Water Conser- vation District. The City's share of this project is estimated to be $32,250. Approval is recommended. -13- 8/8/89 30. Request for Dock Variance. The Commission is to consider a request from Mr. Riekse to construct an L-shaped addition to the end of an existing dock at 325 S.E. 7th Avenue. Approval is recommended. 31. Temporary Tent Permit. The Commission is to consider a request from the Delray Beach Community Child Care Center to erect a temporary tent for ground breaking ceremonies to be held on August 10th. Approval is recommended. 32. ComR~ter Purchaser The Commission is to consider approving the purchase of computers and hardware/software for the Public Utilities Department. Approval is recommended. 33. Change Order No. 1 - North Swinton Avenue Drainage Project. The Commission is to consider Change Order No. 1, an increase of $19,890.80 to resolve water and sewer line conflicts that were not shown on the construction plans for this project. Approval is recommended. 34. Award of Bids and Contracts. A. Replacement of Emergency Generator at the Master Lift Station - Devine Engine and Generator in the amount of $33,860 with funding from Water and Sewer Veterans Park Lift Station (Account No. 441-5161-536-60.92). B. Renewal of contracts for Nuisance Abatement Bids - Walcott and Sons and Coastal Construction Services in a total amount approximately $60,000 to $70,000 with funding from Revenue Accounts (Lot Mowing - No. 001-0000-115-26.00) and (Lot Clearing No. 001-0000-115-27.00). C. Wastewater Pump Station Telemetry System - Post, Buckley, Schuh and Jernigan, Inc., in the amount of $120,000 with funding from Wastewater Telemetry System (Account No. 441-5141- 536-64.05). D. 125 Flex Benefit Plan - American General Group Services in the amount of $3,000 with funding from Actuarial Services (Account No. 551-1575-591-34.56). E. Dental Plan Coverage - Cigna Dental health of Florida with funding from individual participating employees through payroll deduction. Ms. Brainerd moved to approve the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 35.A.1. Mr. Weatherspoon stated he would appreciate an update of all the projects they have pending, in particular the beautification pro- jects on West Atlantic Avenue, North Federal Highway, East Atlantic Avenue, etc. The Interim City Manager advised he will provide this in the Commission's workshop packet. 35.A.2. Mr. Weatherspoon stated, with regard to the noise from loud radios, he feels most people have been complying. However, he ques- tioned if it would be possible for them to erect some signs to remind people that there is an ordinance which states they should not play their radio loud. He would like them to look at areas which are often frequented. 35.A.3. Mr. Weatherspoon stated, with regard to their Bond Issue, that he would hope that individuals will vote on the issue because of the needs of Delray Beach, not because of how they feel about a certain Commissioner. 35.A.4. Mr. Andrews stated that one of the items which is not part of the Comp Plan, but is important, is the widening of 10th Street near -14- 8/8/89 Pine Grove Elementary School. Although it is not on the Comp Plan, it would be a mandatory item for him. 35.A.5. Ms. Brainerd stated she would like to have an update from the Interim City Manager with regard to the book store sale. The Interim City Manager advised their posture now is that the Purchasing Department will be the contact point, a sign will be erected tomorrow which will outline the square footage, etc., and hopefully they will have a willing buyer in the near future. There is no broker involved, however, he would like permission from the Commission, if there is a cooperating broker who happens to bring them a willing buyer, to enter into a contract. Mayor Campbell stated he feels this is something that the Realty Advisory Board could get involved with and ask them what their opinion is. Ms. Brainerd stated that the Commission is on record as stating they they will not pay any commission on this transaction. 35.A.6. Ms. Brainerd questioned the status of their acquisition of tennis court land. The City Attorney advised that he and Jim Vance's firm have been working with the appraisers. He will try to get something in the Commission's agenda packet with regard to where they are and a time frame. He wanted the appraisers to come back with an estimate of time and cost. 35.B. There were no Non-Agenda items by the City Attorney. 35.C.1. The Interim City Manager advised he has asked Mr. Elliott to commence interviews for a part time position for the Commission's office. If they have any particular skills or conditions they would like him to look for, they should communicate with him. 35.A.7. Mr. Weatherspoon stated that the Roots Festival parade will be this weekend and, as usual, he will host a reception at his home on Saturday from 12 Noon until 4:00 P.M. The Commission and Department Heads are invited. There will also be a breakfast at 8:30 A.M., at Pompey Park. Mayor Campbell declared the meeting adjourned at 9:15 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 August 8, 1989, whic~ minutes were formally approved and adopted by the City Commission on~7~/~,,/~. -15- 8/8/89 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. -16- 8/8/89